HomeMy WebLinkAboutRFP - 9808 CONSTRUCTION MANAGER/GENERAL CONTRACTOR (CM/GC) SERVICES FOR LAPORTE AVE IMPROVEMENTS - FISHBACK TO SUNSET
RFP 9808 CM/GC Services for Laporte Ave Improvements – Fishback to Sunset Page 1 of 145
REQUEST FOR PROPOSAL
RFP 9808 CONSTRUCTION MANAGER/ GENERAL CONTRACTOR (CM/GC) SERVICES
FOR LAPORTE AVE IMPROVEMENTS – FISHBACK TO SUNSET
RFP DUE: 3:00 PM MT (Mountain Time), July 14, 2023
The City of Fort Collins is requesting proposals from qualified Construction Managers/General
Contractors (CM/GCs) for CM/GC services related to the construction of corridor safety
improvements to include pedestrian paths and separated bikeways on Laporte Ave from N Sunset
St to Fishback Ave. The project will be completed in two (2) phases. The first phase will be the
East Segment which will be from Fishback Ave. to Frey Ave as shown in in the Attachment 1 -
95% plan set. It is the City’s goal to have construction completed on the East Segment in 2023.
The second phase will be the West Segment which will be from the east of Taft Hill Road to
Sunset Street as indicated in Attachment 2 – 30% plan set. A portion of the West Segment just
west of Taft Hill Road near Poudre School is to be constructed in an existing flood plain, design
of this area is currently being developed. The West Segment will also need to coordinate closely
with Poudre School District and local businesses in order for them to maintain operations. No full
road closures will be allowed, all construction must be phased to maintain access throughout
project duration. Construction for the West Segment is not currently funded, but the City
anticipates funding to be in place for construction in the 2024 season.
This project will seek Institute for Sustainable Infrastructure ENVISION verification at a level to be
determined through the Construction Manager/ General Contractor (CM/GC) process.
As part of the City’s commitment to sustainability, proposals must be submitted online through
the Rocky Mountain E-Purchasing System (RMEPS) at http://www.bidnetdirect.com/colorado/city-
of-fort-collins. Note: please ensure adequate time to submit proposals through RMEPS.
Proposals not submitted by the designated Opening Date and Time will not be accepted by
RMEPS.
A pre-proposal meeting will be held at 10:00 AM MT on June 27, 2023. The pre-proposal
meeting will be hosted on-line via Microsoft Teams or Zoom. Select or copy/paste the below
link into your browser for access to the meeting. Please be prepared to announce your name
and mute your microphone and enter in the comments section your Name, Company and email
address:
Click here to join the meeting
https://teams.microsoft.com/l/meetup-
join/19%3ameeting_OTc1ODljYjQtOTdmMi00ODEzLTg3N2UtNDM3ZTI2ZmI5YWQw%40threa
d.v2/0?context=%7b%22Tid%22%3a%2247fa2f5f-0d0a-4a68-b431-
6d1a27b66660%22%2c%22Oid%22%3a%2237299b31-8a43-4b66-8642-
b5358a21cda9%22%7d
Financial Services
Purchasing Division
215 N. Mason St. 2nd Floor
PO Box 580
Fort Collins, CO 80522
970.221.6775
970.221.6707
fcgov.com/purchasing
RFP 9808 CM/GC Services for Laporte Ave Improvements – Fishback to Sunset Page 2 of 145
Alternatively, the pre-proposal meeting can be accessed via phone at the below call-in and
conference ID. This option will only allow you to hear the audio presentation.
Call-in number: 1 970-628-0892
Conference ID: 825 182 341#
All questions should be submitted, in writing via email, to Adam Hill, Senior Buyer at
adhill@fcgov.com, with a copy to Dillon Willett, Project Manager, dwillett@fcgov.com, no
later than 3:00 PM MT on July 7, 2023. Please format your e-mail to include: RFP 9808 CM/GC
Services for Laporte Ave Improvements – Fishback to Sunset in the subject line. Questions
received after this deadline may not be answered. Responses to all questions submitted before
the deadline will be addressed in an addendum and posted on the Rocky Mountain E-Purchasing
System webpage.
Rocky Mountain E-Purchasing System hosted by BidNet
A copy of the RFP may be obtained at http://www.bidnetdirect.com/colorado/city-of-fort-collins.
This RFP has been posted utilizing the following Commodity Code(s):
911 15 C.I.P Construction/ Rehabilitation
911 17 C.I.P. Construction Roads
911 48 C.I.P. Pre-Construction Services
911 51 C.I.P. Project Management
913 27 Construction, Highway & Road
913 50 Construction, Street Major and Residential
925 44 General Construction Management, Scheduling and Cost Estimation
958 26 Construction Management Services
Prohibition of Unlawful Discrimination: The City of Fort Collins, in accordance with the
provisions of Title VI of the Civil Rights Act of 1964 (78 Stat. 252, 42 US.C. §§ 2000d to 2000d-
4) and the Regulations, hereby notifies all bidders that it will affirmatively ensure that any
contract entered into pursuant to this advertisement, disadvantaged business enterprises will be
afforded full and fair opportunity to submit bids in response to this invitation and will not be
discriminated against on the grounds of race, color, or national origin in consideration for an
award.
The City strictly prohibits unlawful discrimination based on an individual’s gender (regardless of
gender identity or gender expression), race, color, religion, creed, national origin, ancestry, age
40 years or older, marital status, disability, sexual orientation, genetic information, or other
characteristics protected by law. For the purpose of this policy “sexual orientation” means a
person’s actual or perceived orientation toward heterosexuality, homosexuality, and bisexuality.
The City also strictly prohibits unlawful harassment in the workplace, including sexual
harassment. Further, the City strictly prohibits unlawful retaliation against a person who
engages in protected activity. Protected activity includes an employee complaining that he or
she has been discriminated against in violation of the above policy or participating in an
employment discrimination proceeding.
The City requires its Construction Managers/General Contractors to comply with the City’s
policy for equal employment opportunity and to prohibit unlawful discrimination, harassment and
RFP 9808 CM/GC Services for Laporte Ave Improvements – Fishback to Sunset Page 3 of 145
retaliation. This requirement applies to all third-party Construction Managers/General
Contractors and their subcontractors/subconsultants at every tier.
Public Viewing Copy: The City is a governmental entity subject to the Colorado Open Records
Act, C.R.S. §§ 24-72-200.1 et seq. (“CORA”). Any proposals submitted hereunder are subject
to public disclosure by the City pursuant to CORA and City ordinances. Construction
Managers/General Contractors may submit one (1) additional complete proposal clearly marked
“FOR PUBLIC VIEWING.” In this version of the proposal, Construction Managers/General
Contractors may redact text and/or data that it deems confidential or proprietary pursuant to
CORA. All pricing will be considered public records subject to disclosure under CORA and as
such pricing cannot be redacted from the “FOR PUBLIC VIEWING” version of the proposal.
Failure to provide a public viewing copy will be considered a waiver of any claim of
confidentiality under CORA without regard to how the applicant’s proposal or certain pages of
the proposal are marked confidential, proprietary, or similar. Such statement does not
necessarily exempt such documentation from public disclosure if required by CORA, by order of
a court of appropriate jurisdiction, or other applicable law. Generally, under CORA trade
secrets, confidential commercial information and financial data information may not be disclosed
by the City. Proposals may not be marked “Confidential” or ‘Proprietary’ in their entirety. By
responding to this RFP, Construction Managers/General Contractors hereby waives any and all
claims for damages against the City for the City’s good faith compliance with CORA. All
provisions and pricing of any contract resulting from this request for proposal will be
public information.
Construction Managers/General Contractors Registration: The City requires new
Construction Managers/General Contractors receiving awards from the City to submit IRS form
W-9 and requires all Construction Managers/General Contractors to accept Direct Deposit
(Electronic) payment. If needed, the W-9 form and the Vendor Direct Deposit Authorization
Form can be found on the City’s Purchasing website at www.fcgov.com/purchasing under Vendor
Reference Documents. Please do not submit these documents with your proposal,
however, if you take exception to participating in Direct Deposit (Electronic) payments please
clearly note such in your proposal as an exception. The City may waive the requirement to
participate in Direct Deposit (Electronic) payments at its sole discretion.
Sales Prohibited/Conflict of Interest: No officer, employee, or member of City Council, shall
have a financial interest in the sale to the City of any real or personal property, equipment,
material, supplies or services where such officer or employee exercises directly or indirectly any
decision-making authority concerning such sale or any supervisory authority over the services to
be rendered. This rule also applies to subcontracts with the City. Soliciting or accepting any gift,
gratuity favor, entertainment, kickback or any items of monetary value from any person who has
or is seeking to do business with the City of Fort Collins is prohibited.
Collusive or Sham Proposals: Any proposal deemed to be collusive or a sham proposal will
be rejected and reported to authorities as such. Your authorized signature of this proposal
assures that such proposal is genuine and is not a collusive or sham proposal.
The City of Fort Collins reserves the right to reject any and all proposals and to waive any
irregularities or informalities.
Utilization of Award by Other Agencies: The City of Fort Collins reserves the right to allow
other state and local governmental agencies, political subdivisions, and/or school districts to
utilize the resulting award under all terms and conditions specified and upon agreement by all
RFP 9808 CM/GC Services for Laporte Ave Improvements – Fishback to Sunset Page 4 of 145
parties. Usage by any other entity shall not have a negative impact on the City of Fort Collins in
the current term or in any future terms.
The selected Construction Manager/General Contractor shall be required to sign the City’s
Agreement prior to commencing services (see sample attached to this document).
Sincerely,
Gerry Paul
Purchasing Director
RFP 9808 CM/GC Services for Laporte Ave Improvements – Fishback to Sunset Page 5 of 145
I. PROJECT BACKGROUND INFORMATION, STATUS, SCOPE OF WORK AND
REQUIREMENTS
A. Background Information
The City of Fort Collins is requesting proposals from qualified Construction
Managers/General Contractors (CM/GCs) for CM/GC services related to the construction
of corridor safety improvements on Laporte Ave from N Sunset St to Fishback Ave. The
project proposes to add safe and comfortable bicycle and pedestrian facilities along
approximately 0.75 miles of roadway corridor.
The Laporte Corridor Improvements are based on preliminary plans that are
available in Attachments 1 & 2. Attachment 1 plans are 95% plans for the East
Segment. Attachment 2 plans are approximately 30% design plans for the West
Segment. Also included within the RFP are copies of Attachment 3 - East Final
Hydraulics Report and Attachment 4 – 95% Project Specifications.
The Laporte Ave Improvements project is significant to the City of Fort Collins for many
reasons, including but not limited to the following:
• Safety – Reported pedestrian and bicycle crashes in the area, specifically in
conjunction with people trying to get to and from Poudre High School.
• Pedestrian and bicycle connections – Currently there is only one sidewalk on the
south side of the roadway and limited bike lanes.
• Calming traffic by creating perceived constraints, building horizontal and vertical
constraints and innovative facilities will be key to safety and multimodal
accessibility.
• Arterial roadways – Both Laporte and Taft Hill are arterial roads in the City and
connect to major amenities including Poudre High School and the Poudre School
District Offices.
The footprint for the improvements has been completed to approximately 95% design for
the East Segment and 30% design for the
West Segment. The City is actively acquiring (East Segment) and assessing (West
Segment) Right of Way needs to accommodate the improvements.
Final project funding for the West Segment is yet to be finalized. Current funding for the
improvements includes the following sources:
• Transportation Alternatives Program (TAP)
• Multimodal Transportation and Mitigation Options Fund (MMOF)
• Revitalizing Main Streets (RMS)
• Local City of Fort Collins
• Pending applications for additional Federal / State Funds.
The prioritized Project Goals have been determined to be:
1. Complete safety, operational, mobility, and infrastructure improvements per grant
funding requirements, and available funding.
RFP 9808 CM/GC Services for Laporte Ave Improvements – Fishback to Sunset Page 6 of 145
2. Substantial Completion of East Segment within 2023.
3. Final completion of East Segment by spring of 2024 and West Segment by
spring of 2025.
4. Improve bike and pedestrian network with a focus on safety and mobility for all
modes, including Transfort bus stop locations.
5. Provide strong placemaking through urban design and landscape elements.
6. Collaborate with adjacent development activity to produce win/win scenarios for
drainage, urban design, etc.
7. Provide a high quality final constructed improvement.
The Construction Manager/General Contractor should address their approach to
accomplishing these goals.
Note as there are federal funds in the project funding, the Construction Manager/General
Contractor must address federal funding goals. Refer to submittal requirements in
Section II Contract Goals.
This RFP shall cover construction management and general contractor services
for all of the work identified above and in all attachments.
B. Project Status
The City and their consultant have completed significant portions of the project
development. The general timelines for design milestones are as follows:
East Segment (Frey Ave to Fishback Ave)
30% Design Submittal March 2023
95% Design Submittal May 2023
ROW Acquisition Authorized and Initiated Spring 2023
Construction Notice to Proceed (NTP) Summer 2023
Right of Way acquisition is underway and is expected to be completed by Summer 2023.
West Segment (N Sunset St to N Taft Hill Rd)
30% Design Submittal May 2023
60% Design Submittal Summer 2023
90% Design Submittal Fall 2023
ROW Acquisition Authorized and Initiated Fall 2023
Construction Notice to Proceed (NTP) Spring 2024 (Contingent on funding)
Right of Way acquisition is expected to be completed by Spring 2024
C. CM/GC Scope of Work
CM/GC is a contracting method that involves the Construction Manager/General
Contractor in the design process. The selected CM/GC will be required to enter into a
Services Agreement – Work Order type. The City anticipates award of separate Work
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Orders for each phase of the project including; 1) Preconstruction Support Services; and
2) Construction Services. The intent is to form a partnership with the City of Fort Collins
(the owner), the designer working for the City of Fort Collins (Horrocks Engineering), and
the Construction Manager/General Contractor. The focus is on a partnership and a
collaborative design development to minimize risk for all parties involved including the
traveling public, improve the construction schedule, promote innovation, and a cost-
efficient construction. The Construction Manager will have a chance to negotiate a price
to complete the construction of the project. If negotiations are successful, they will
become the General Contractor. The Construction Manager becoming the General
Contractor is not guaranteed.
Key Personnel for the project are the Project Manager, the Preconstruction Support
Services Manager and construction Project Superintendent. Key Personnel should be
highly committed to this project for the duration of the work (i.e. Project Manager for the
entire duration of the project, Preconstruction Support Services Manager for the
preconstruction phase of the project and Project Superintendent for preconstruction/
constructability support and construction phase of the project). Any revisions to the Key
Personnel must be presented to the City Project Manager for approval.
1. Preconstruction Support Services
The CM/GC team relies on the expertise of the Construction Manager/General
Contractor to deliver a better project in less time and at a cost competitive with
traditional design-bid-build construction processes. The Construction
Manager/General Contractor is required to provide the following expertise during the
Preconstruction Support Services Phase of the project:
The skills and knowledge to estimate the quantities of materials, labor, and
equipment needed to construct the project.
The skills and knowledge to determine the tasks (work breakdown structure)
needed to complete the project and estimate the costs, duration, and sequence
of these tasks.
An understanding of the availability, cost, and capacities of materials, labor, and
equipment.
The skills and knowledge to identify potential risks (including cost and schedule
risks) and methods to mitigate them during the design process.
The skills and knowledge to determine constructability of various designs and to
develop construction phasing and maintenance of traffic schemes for various
designs and construction approaches.
The skills, knowledge and experience necessary to coordinate the project work
with significant anticipated utilities conflicts and relocations.
If significant portions of the construction are to be primarily completed by a
subcontractor, the Construction Manager/General Contractor must include the
subcontractor in the proposal and they must be willing to be involved with
Preconstruction Support Services at the same level as the Construction
Manager/General Contractor to discuss in detail construction costs, techniques, etc.
as detailed above. The subcontractor must also be willing to adhere to the City’s
“open book” negotiation policy as detailed below in Section I.C.2.b.
RFP 9808 CM/GC Services for Laporte Ave Improvements – Fishback to Sunset Page 8 of 145
It is expected that any subcontractor that the City, in its sole discretion, deems to be
significant and critical to the overall project delivery be available throughout the
Preconstruction Support Services Phase of the project and adhere to the City’s
“open book” negotiation policy. The Construction Manager/General Contractor shall
involve the City in the subcontractor procurement process for any subcontractors
performing significant or critical work who are not part of the proposal and original
proposed team. Examples of subcontracted work the City would consider to be
significant and critical may be:
- Drainage system
- Pedestrian Bridge
- Concrete pavement, curb and gutter, sidewalk
- Asphalt placement
- Landscaping
- Public utility relocation
- Traffic control – Coordination with Poudre School District and local
businesses
- Understanding and ability to confirm
The selected Construction Manager/General Contractor will be awarded a
Preconstruction Support Services contract, prepared and administered by the City.
The cost of the contract will be based upon a final negotiated scope, total hours and
unit rate for each key employee for “Preconstruction Support Services” submitted as
part of the Unit Price Cost Proposal. The Preconstruction Support Services contract
will be in the form of a Work Order, issued per the attached Section VI, Sample
Agreement. The Preconstruction Support Services Work Order may include any or
all the following activities:
a. Partnering: The City expects a strong partnering relationship with the selected
Construction Manager/General Contractor. A formal Partnering Session will be
held with the selected Construction Manager/General Contractor, City of Fort
Collins team members and contract Architects and Engineers (the Horrocks
Engineering design team) soon after the selection process is completed.
Successful CM/GC project delivery requires an environment where trust and
teamwork prevent disputes, fosters a cooperative bond to everyone’s benefit,
and facilitates the completion of a successful project. Adversarial relationships
between the Construction Manager/General Contractor and owner will not be
acceptable on the project, and could lead to the termination of the contract.
b. Initial Risk Assessment Workshop: Participate in an initial project introduction
and Risk Assessment workshop to develop a risk register. The workshop will be
conducted in Fort Collins and will include the following tasks:
i. Project site walkthrough
ii. Introduction to the project and the project stakeholders
iii. Project status, goals, objectives, funding, etc.
iv. Presentation of project elements
v. Review phasing options for construction
vi. Development of alternative phasing concepts
vii. Assessment of primary project risks in terms of cost, quality and schedule
RFP 9808 CM/GC Services for Laporte Ave Improvements – Fishback to Sunset Page 9 of 145
c. Design Reviews (collaborative design development): Participate in up to
three (3) formal design reviews. For each review the Construction
Manager/General Contractor may be asked to perform any or all of the following
tasks:
i. Provide constructability reviews
ii. Work with the designer to prepare draft construction phasing and
maintenance of traffic schemes
iii. Develop construction schedules
iv. Provide construction cost estimates
v. Perform a risk assessment in terms of cost, quality and schedule
vi. Provide value engineering to reduce risk, cost and schedule
vii. Engage and coordinate with stakeholders and property owners
The Construction Manager/General Contractor may be asked to perform any of the
above tasks throughout the design phase, and not necessarily during formal design
reviews. It is anticipated the Construction Manager/General Contractor will be fully
engaged throughout the design process and be willing to provide input when
requested. The Construction Manager/General Contractor shall be compensated for
all their time spent providing design assistance as identified above, in accordance
with the Preconstruction Support Services Work Order. It is likely that the
Construction Manager/General Contractor will be required to attend bi-weekly or
monthly coordination meetings as identified by the City. The Construction
Manager/General Contractor may be required to engage and coordinate with
stakeholders and property owners prior to construction.
2. Construction Contract Price Negotiations
When the City, the Designer, and the Construction Manager/General Contractor
agree that the project has been designed to a sufficient level of detail to allow the
Construction Manager/General Contractor to accurately price construction elements
of the project, Construction Contract Price Negotiations will commence. In order to
expedite the project, Construction Contract Price Negotiation may start before the
completion of the Preconstruction Support Services. The Construction
Manager/General Contractor’s work effort for Construction Contract Price
Negotiations will be separate from its Preconstruction Support Services and will not
be compensated by the City. The Construction Manager/General Contractor will be
compensated for construction cost estimates prepared during the design process
prior to Construction Contract Price Negotiations. The City will determine when
Construction Contract Price Negotiations have begun.
a. Price Negotiation Process: The following procedures will be used for
Construction Contract Price Negotiations.
i. The Designer will produce a set of the relevant plans and specifications
showing the work to be accomplished. The plans will also show all work
accomplished under any previous construction packages.
ii. The Construction Manager/General Contractor will prepare a “bid” to perform
the work shown. The Construction Manager/General Contractor will use the
unit prices submitted as part of the Proposal unless a new unit price is
justified based off factors discussed with the City throughout the design
process and identified in the original project proposal.
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iii. The City will produce an independent construction cost estimate for the work.
iv. Upon opening the Construction Manager/General Contractor’s “bid” the City
will determine the acceptability of the “bid” by comparing it to its independent
construction cost estimate.
v. If the prices are acceptable, the City will prepare a Work Order for
construction services. If a previous Work Order for construction services had
been entered into, this work may be added to that contract by change order.
vi. If the prices are not acceptable the City and the Construction
Manager/General Contractor will conduct a price negotiation meeting to
discuss the variances between the “bid” and independent construction cost
estimates.
vii. Following the price negotiation meeting the Construction Contract
Negotiations will enter into subsequent iteration of the above noted process.
viii. The City reserves the right to require the Construction Manager/General
Contractor to enter into “open book” cost model price negotiations at any time
through this process, where the Construction Manager/General Contractor
will be required to reveal and defend its detailed pricing breakdowns including
labor, materials, equipment, subcontractor and supplier quotes, mobilization,
overhead, mark-up, and profit. See below for the City’s “open book”
negotiation requirements.
ix. At any time, if the City determines that an agreement cannot be successfully
negotiated, the City reserves the right to terminate construction contract
negotiations and the Preconstruction Support Services contract and procure
the construction of the project by other means. If the City then offers the
project up for public bids the Construction Manager/General Contractor will
not be eligible to bid on the project.
b. “Open Book” Negotiations Process: Negotiations may require any or all of the
following information.
The Construction Manager/General Contractor shall submit information as
requested by the City to the extent necessary to permit the City to determine the
reasonableness of the “bid” price. The Construction Manager/General
Contractor shall provide cost or pricing data, broken down by individual work
item, for the Construction Manager/General Contractor and each major
subcontractor. The Construction Manager/General Contractor shall submit
material and subcontractor quotes, anticipated labor and equipment usage, and
anticipated production rates.
If requested, submit a written proposal for the work identifying the major
elements of the work, the quantity of the element, and its contribution to the
proposed price. Provide further breakdowns if requested by the City.
Material: Furnish quotes and/or material invoices showing the cost of material to
be incorporated in the work.
Labor: Show basic hourly rates, fringe benefits, applicable payroll costs (workers
compensation, insurance, etc.) paid subsistence, and travel costs for each labor
classification and foreman employed in the work.
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Equipment: Provide a complete descriptive listing of equipment to be used in the
work including make, model and year of manufacture. Support rented or leased
equipment costs with invoices.
Other direct costs: Furnish documentation of invoices to support any other direct
costs to be incurred that are not included above (e.g., bonds, mobilization,
permits, etc.).
Production Rates: Provide actual hours of performance, on a daily basis, for
each labor classification and for each piece of equipment.
Subcontract Costs: Provide supporting data as required above.
Overhead: Identify overhead rates and list the types of costs that are included in
overhead.
Profit: Include a reasonable profit reflecting the efficiency and economy of the
Construction Manager/General Contractor and subcontractors in performing the
work, the contract risk type, the work difficulty, and management effectiveness.
Markup: List any markup cost for subcontractors or other items. Provide backup
information as requested for a breakdown and justification of markup expenses.
3. Construction Requirements
The City expects the CM/GC, if negotiations are successful, to provide full
construction services related to the completion of the Project. The CM/GC will be
required to sign a Work Order for construction services. A template of the City’s
Work Order for construction Services is available upon written request. Construction
services will be contracted and performed in accordance with the City’s standard
processes for traditional design-bid-build projects. These services are to include, but
not be limited to the following:
Provide construction services according to the Agreement and contract
documents including self-performance with a goal of at least 50% of the physical
work (including overhead, profit and materials).
Provide qualified full time site supervision and management of trade
subcontractors to meet or exceed the defined project schedule.
Provide open procurement of subcontractors and suppliers that are not part of the
team proposed under the RFP. Include the City in the procurement process. A
minimum of 3 quotes may be required for the subcontractor procurement process.
If less than 3 subcontractor quotes are obtained for a given item of work,
justification must be provided to, and agreed upon by, the City. The City may
choose to limit the amount of subcontractor quotes at their discretion.
Provide storm water management and BMP maintenance for the site complying
with State and City regulations.
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Provide construction delivery scheduling, meeting attendance and reporting
according to contract document and federal or state requirements. This includes
progress reporting and subcontractor work participation.
Provide site security and protection during construction. Provide all site safety
management and compliance with OSHA standards and criteria. Implement a site
safety program that is reported on regularly.
Provide for quality control program that meets or exceeds minimum job/contract
document and industry standards. Coordinate all quality control testing and
inspections through the City.
Meet all licensing and permitting requirements as set forth by the City of Fort
Collins and the State of Colorado for both General Contractor and subcontracted
work. Construction Managers/General Contractors must be pre-qualified with the
Colorado Department of Transportation for work on state highways. To become
pre-qualified during the proposal period, contact the project manager.
Applications must be submitted within one week of the initial RFP release.
Provide work that complies with the Larimer County Urban Area Street Standards
(LCUASS), the Colorado Department of Transportation Standard Specifications
for Road and Bridge Construction, City of Fort Collins Development Construction
Standards for Water, Wastewater and Stormwater dated June 2017 and project
construction contract and general and special provisions as amended by the
contract. See Attachment 4 – Contract Provisions for the current set of Contract
Provisions. This is not an exhaustive list, and more project provisions may be
included as design progresses.
Provide services to manage participation in project close out process.
Provide State and City required documentation prior to and during construction,
including but not limited to: payrolls for Construction Manager/General Contractor
and subcontractors completed in B2GNow, CDOT Form 205 completed in
LCPTracker for each subcontractor, material submittals and certifications,
schedule updates, etc. and other documentation as required in the final contract
documents.
Early Procurement of Long Time Materials and Other Services: The Construction
Manager/General Contractor may be asked to procure long lead materials that may
be in short supply or require longer than desired lead times from purchase to
delivery. The City may also procure through the Construction Manager/General
Contractor such services as pavement cores, pipe videos, potholes, or other
investigations to facilitate the design. The City may choose to exercise this option if
the early procurement saves significant construction time, money, or avoids potential
delays once the project begins, etc. The procedures as previously described will be
used to negotiate early materials procurements. The City may ask to procure these
items at any reasonable time throughout the design and construction phase of the
project.
Early Action Construction Contracts: Similar to early materials procurements
early action construction projects may be initiated before the design as a whole is
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completed for the project. The Construction Contract Price Negotiation process will
be followed for the negotiation of early action construction contracts.
Early construction may be done in an effort to coordinate with other entities, including
the ditch company, City Traffic Department, local businesses, utility owners, etc. The
City may choose to exercise this action to save construction time, money, or avoid
potential delays and rework once the project begins, etc.
4. CM/GC Process and Fees
The City intends to enter into a work order unit price contract with the selected
CMGC for the East Segment work utilizing the pricing submitted with this proposal.
The City intends to negotiate a unit price contract for the West Segment scope of
work, using the East Segment pricing as a baseline, that shall reflect the entire scope
of construction services with the selected Construction Manager/General Contractor
and may require the City’s “Open Book Negotiation Process” as detailed above. The
Construction Manager/General Contractor will also be required to provide input on
estimated quantities for each Major Line Item, and the City and Construction
Manager/General Contractor will come to a final agreed upon quantity. The Major
Line Items will be determined by the City with input from the Construction
Manager/General Contractor.
The East Segment and West Segment of the project will have separate negotiations
for quantities and pricing. The contractor submitted unit prices for the East Segment
will be the basis for negotiation of pricing for the West Segment. Once the final
quantities are agreed to, a quantity allowance for each item will be negotiated
(typically less than five percent). The final quantities plus allowance for each item
will encompass the total contract amount for each item. This will be the Guaranteed
Maximum Quantity for each item, similar to a Guaranteed Maximum Price. The
Construction Manager/General Contractor shall be fully responsible for any costs
associated to complete the work above the negotiated Maximum Quantity, unless
there is an agreed upon change in scope for any item that overruns the Maximum
Quantity.
The Construction Manager/General Contractor shall include industry standard
overhead, profit and markup rates as applicable to each task and item. Maximum
overhead, profit and markup rates for any line item shall be set with the
Preconstruction Support Services contract in accordance with the Construction
Managers/General Contractors Unit Price Cost Proposal (see Section II Cost
Proposal and Approach to Unit Prices). The Construction Manager/General
Contractor shall utilize the unit pricing, overhead, profit and markup rates stated in
Attachment 7, unless other rates are negotiated. Individual line items may have
different overhead, profit or markup rates appropriate for the given risk and difficulty
of the work, provided they are less than the maximum amount set in the
Preconstruction Support Services Contract.
5. Services Agreement and Construction Contract
The CM/GC will be required to enter into Services Agreement – Work Order type
(found in Section VI. Sample Agreement), and sign a Work Order for the
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Preconstruction Support Services. Following successful completion of the
Preconstruction Support Services, the CM/GC will enter into a Work Order for
construction services. A template of the City’s Work Order for construction services
is available upon written request. For the most part, construction services will be
performed in accordance with the City’s standard processes for traditional design-
bid-build projects. See Attachment 6 for applicable general and special provisions at
this time. These special provisions will be modified and expanded as design
progresses and will be included as part of the final contract.
Any exceptions to the agreements must be stated with your submission of
qualifications for this project. The City makes no guarantees it will change the
agreements but may consider the exceptions.
C. Anticipated Schedule
The following represents the City’s target schedule for the RFP. The City reserves the
right to amend the target schedule at any time.
• RFP issuance: June 14, 2023
• Pre-Proposal Meeting: June 27, 2023 @ 10:00 AM MST
• Question deadline: July 7, 2023 @ 3:00 PM MST
• Final Addendum Issued: July 10, 2023
• Proposal due date: July 14, 2023 @ 3:00 PM MST
• Interviews (tentative): Week of July 24, 2023
• Award of Contract (tentative): Week of August 31, 2023
D. Interviews
In addition to submitting a written proposal, the top-rated Construction Managers/General
Contractors may be interviewed by the RFP assessment team and asked to participate in
an oral presentation to provide an overview of the company, approach to the project and
to address questions. The evaluation criteria for the oral interviews will be the same as the
criteria for the written evaluations and is included in Section III. Key project team members
must attend the interview.
The City may use non-traditional methods for the optional interview phase of the
assessment process. The City will receive and score written proposals. However, instead
of traditional in-person interviews for the optional interview session, the City may opt to
use alternate methods including, but not limited to remote interviews through a platform
such as Microsoft Teams.
E. Travel & Expenses
Subject to the terms of the applicable Work Order, reasonable expenses will be
reimbursable per the current rates found at www.gsa.gov.
F. Subcontractors/Subconsultants
Construction Manager/General Contractor will be responsible for identifying any
subcontractors and/or subconsultants in their proposal. Please note that the City will
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contract solely with the awarded Construction Manager/General Contractor; therefore,
subcontractors and/or subconsultants will be the responsibility of the Construction
Manager/General Contractor.
G. Financial Qualifications (CONFIDENTIAL)
Construction Managers/General Contractors selected as finalists may be required to
submit a banking reference and the most recent financial statement (audited preferred)
including balance sheet and income statement, as well as a statement of cash flows (the
“Financial Information”).
H. Current standards
All work and/or materials must meet current standards in force by recognized technical
and professional societies, trade and materials supply associations, institutes and
organizations, bureaus and testing laboratories, and national, federal, state, county, and
local laws, codes and ordinances.
I. Fees, Licenses, Permits
The successful Construction Manager/General Contractor shall be responsible for
obtaining any necessary licenses, fees or permits without additional expense to the City.
All vehicles and equipment shall be properly licensed and insured, carry the appropriate
permits and be placarded as required by law.
J. Laws and Regulations
ADA Compliance. In performing the Services required hereunder, the Contractor
agrees to meet all the requirements of the Americans With Disabilities Act of 1990, and
all applicable rules and regulations (the 'ADA'), which are imposed directly on the
Contractor or which would be imposed on the City as a public entity. The Contractor
agrees to be responsible for knowing all applicable requirements of the ADA and to
defend, indemnify and hold harmless the City, its officials, agents and employees from
and against any and all claims, actions, suits or proceedings of any kind brought against
said parties as a result of any acts or omissions of the Contractor or its agents in
violation of the ADA.
K. Work Orders
The awarded Construction Manager/General Contractor(s) will be required to sign the
City’s Work Order Type Agreement, a sample of which is attached as Section VI for
reference purposes. In the event that the City has agreements with multiple Construction
Managers/General Contractors for the Work, the City reserves the right to request
proposals for individual Work Order assignments from the awarded Construction
Managers/General Contractors or assign Work Orders directly to a Construction
Manager/General Contractor at its sole discretion. Selection for individual Work Orders
may be based on, but not limited to, availability, approach, prior experience, firm capability,
and cost.
Individual Work assignments will be requested and agreed to utilizing the City’s Work
Order (included in the Agreement). Each Work Order must include a start and completion
date, total cost and a Scope of Work. Subsequent supporting documentation pages may
include a project schedule, deliverables, hours, cost detail supporting total cost, and
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personnel details. Fees outlined in the Work Order will conform with those stated in the
Agreement.
No Work Order over $7,500 will be considered valid until signed, at a minimum, by the
Construction Manager/General Contractor, project manager and Purchasing Department
representative. Depending on the cost and nature of the Work, additional signature
authorization may be required. Any changes to the dates, cost or scope of any Work
Order must be agreed upon in writing utilizing the City’s Change Order (included in the
Agreement) and will not be considered valid until signed, at a minimum, by the
Construction Manager/General Contractor, project manager and Purchasing Department
representative.
L. Invoicing and Payment
Invoices should be emailed monthly to invoices@fcgov.com with a copy to the Project
Manager. The cost of the work completed shall be paid to the Construction
Manager/General Contractor each month following the submittal of a correct invoice by
the Construction Manager/General Contractor indicating the project name, Purchase
Order number, task description, hours worked, personnel/work type category, hourly rate
for each employee/work type category, date of the work performed specific to the task,
percentage of that work that has been completed by task, 3rd party supporting
documentation with the same detail and a brief progress report.
Payments will be made using the prices stated in the Work Order and Agreement. In the
event a service is requested which is not stated in the Work Order and/or Agreement, the
Construction Manager/General Contractor and the City will negotiate an appropriate unit
price for the service prior to the Construction Manager/General Contractor initiating such
work.
The City pays invoices on Net 30 terms.
M. COVID-19 Compliance
The Service Provider and its subcontractors/consultants shall comply with all state,
county, and local laws, ordinances, and public health orders established to reduce the
spread of COVID-19, as applicable. The Service Provider shall ensure employees and
subcontractors/subconsultants with COVID-19 symptoms do not report to the job
site. Service Provider must organize work to ensure individuals minimize contact and
maximize social distancing. Individuals must wear all standard worksite personal
protective equipment (PPE). In addition, individuals should wear a mask or cloth face
covering consistent with local public health recommendations and other applicable safety
requirements.
N. Sample Agreement
Included with this request for proposals is a sample Agreement that the City intends to
use for obtaining the services of the Construction Manager/General Contractor. The
Construction Manager/General Contractor is required to review this Agreement and
indicate any objections to the terms of the contract. If revisions to the contractual terms
are requested, provide suggested revisions.
O. Acknowledgement
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The Acknowledgement form is attached as Section V. Complete the attached form
indicating the Construction Manager/General Contractor hereby acknowledges receipt of
the City of Fort Collins Request for Proposal and acknowledges that the Construction
Manager/General Contractor has read and agrees to be fully bound by all of the terms,
conditions and other provisions set forth in the RFP.
II. SUBMITTAL REQUIREMENTS
CM/GC firms that have the requisite experience and qualifications are encouraged to submit
proposals.
General Company Information
Name of firm, contact person for this proposal, title, phone number, fax number, email, street
and mailing addresses, and previous names of firm in last 10 years; date firm was
established. Describe how the firm is organized. Provide general contracting licenses held
by firm. Include a summary of contract defaults, liquidated damages, debarments, lawsuits,
or failures to complete any awarded work.
Profile Projects
Provide a brief project description and history of projects, similar in scope to this project,
completed in the last 5 years. Limit profile projects lists to 5 projects max. Identify any Key
Personnel that were involved with the profile projects and will be assigned to this project as
well. Include the following information:
1. Project description that includes the project name and scope, firms that comprised
the design team (if project is a design-build or CM/GC delivery), and site location. Be
sure to note scope items that are similar to the scope of this project such as high
traffic areas, bridge construction, concrete and asphalt pavement reconstruction,
utilities coordination and relocation, etc.
2. Project history that includes the original schedule agreed upon at the time of signing
the contract, the actual duration of construction, and any special characteristics of
the project that affected delivery.
3. Type of project delivery model used.
4. Original contract cost.
5. Cost at completion and number of change orders.
6. Contractor, subcontractor or owner initiated claims and their resolution.
7. Original contract time and actual completion time.
8. Owner name and contact information.
Provide a brief discussion of any unusual factors that affected the project delivery (e.g.
owner initiated delays, additions to the work, etc.). Provide an owner reference for cited
projects.
Project Profiles should be limited to no more than two pages in length for each profile.
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Key Personnel
Names and resumes of proposed Key Personnel should be provided. Key Personnel for the
project are the Project Manager, the Preconstruction Support Services Manager and
construction Project Superintendent. Include two references for each assigned person.
Detail the availability and commitment of Key Personnel. (Note: Key Personnel should be
highly committed to this project for the duration of their phase of the work (i.e. Project
Manager for the entire duration of the project, Preconstruction Support Services Manager for
the preconstruction phase of the project and construction Project Superintendent for the
construction phase of the project). Resumes for Key Personnel should be limited to no more
than two pages for each person.
For the Preconstruction Support Services Manager it is the City’s preference that the
contractor provides a highly experienced senior manager with the authority to make
contractual decisions for the construction contract pricing.
Project Approach
Describe the approach to the overall project scope, schedule and impacts, process and
coordination. The City will require that an industry recognized software is used to develop
and manage the project schedule; fully base-lined, critical path shown and float managed.
Address your firms’ capability, resources and key project staff as it relates to the scope of
the project identified in this RFP. Discuss any potential and known subcontracted work
along with potential subcontractors. Discuss your firms’ experience in reconstructing high-
traffic, major arterial intersections.
Delivering the project on or ahead of schedule is critical to the City, however, it is important
that this is balanced with impacts to the traveling public (i.e. large impacts to the traveling
public should provide a proportional benefit to productivity, efficiency and project schedule).
In addition, the project will impact access to several residential properties and businesses
that must always maintain access. Discuss how your project approach will prioritize and
sequence work in a way that accelerates the project schedule while balancing impacts to the
public and local businesses. Include in your proposal any potential traffic phasing options,
early construction options or innovative construction methods that will benefit the project
schedule and reduce overall impacts.
Describe your approach to managing protection, relocation, and management of third party
relocations for significant utilities under high-traffic scenarios. Your approach and ability to
maintain overall project schedule in this high-utility environment is paramount to project
success.
Describe your approach to the CM/GC process and coordination with City Departments and
the City’s design engineering firm (Horrocks Engineering). Discuss any relevant experience
in similar projects and what your company’s approach to coordinating several different
entities including other contractors, owners and designers.
The City is seeking to hire a CM/GC that is committed to working together with the City and
the State in order to expedite all of the intersection work while minimizing impacts to the
public and local businesses. The contractor will be expected to develop strong working
relationships with City Engineering Department and the City’s design engineer (Horrocks
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Engineering) among others. The CM/GC may also be required to meet with local business
owners and associations and incorporate feedback into construction phasing and traffic
control options. The City shall be involved and facilitate these meetings.
Cost Proposal and Approach to Unit Prices
Submit a unit price cost proposal (Attachment 5 – Unit Price Cost Proposal) for the provided
East Segment quantities based on your understanding of the project from the information
provided with this RFP and its supporting materials. Given the level of design on the East
Segment of Laporte, the City intends to execute a contract with the selected CMGC utilizing
the submitted unit prices, as the design is nearly final and there is limited ability to
substantially modify the current design. The West Segment of Laporte quantities are
provided as information to the CMGC to better understand the entire project scope that will
be delivered with this contract.
The East Segment unit prices will be used as a base unit price proposal for the West
Segment scope of work. The final West Segment unit prices will be negotiated prior to
construction based on factors identified in the Unit Price Cost Proposal. Any other
reasonable factors, as determined by the City and the CM/GC, that are identified through
the design process will be considered during the unit price negotiation and may increase or
decrease the final unit price. The unit price provided should reflect the Construction
Managers/General Contractors thought process, assumptions, risks, mitigation, etc. given
the current level of design. Describe your approach to being transparent and ‘open book’
when developing a cost for this project.
The Cost Proposal and Approach to Unit Prices will be graded per the evaluation criteria
listed in Section III. It is the City’s desire to execute a reasonable and competitive
construction contract on the project. Cost proposals and unit prices that are competitive,
within a reasonable range of the average, and that are supported by reasonable
assumptions and risk discussions will be scored higher. Excessively high or low unit prices
in the City’s judgement could result in a lowering of the overall proposal score, unless
appropriately justified.
Describe your approach to unit prices as it relates to the overall unit price. Include any
assumptions made on construction methods, phasing, and work sequencing that impact
your price. Be sure to include all major items and factors that were included in the unit price
(i.e. labor rates, productivity, traffic control/phasing, etc.). Discuss how you will price future
pay items and your approach to finalizing a unit price. Be sure to include profit, mark-up,
and overhead percentages and how those are applied to the overall unit price.
List any major risk items that may cause the unit price to either increase or decrease.
Discuss your approach to potential value engineering opportunities throughout design and
construction to enhance the work product while potentially saving cost. Include any other
issues or considerations that would cause the unit price to change.
Quality Control and Contractor Performance
Provide details on your firm’s quality control program. Explain how your team administers a
quality control program during construction, how performance measures are documented
and how quality issues are addressed. Provide examples of when your firm exceeded
quality standards, gained industry recognition or received quality awards.
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The City values quality work at all levels from physical construction to traffic control and
coordination to managing an effective schedule. Describe how your quality control
procedures dictate overall performance on construction contracts.
Safety Record
Provide the firm’s OSHA reportable accident rate and current workman’s compensation
insurance multiplier for the last 3 years. Provide the OSHA reportable accident rate on
projects managed by the proposed superintendent or project manager over the three year
period. Provide a list of all projects in the last 5 years that have received an OSHA citation
either to the General Contractor or subcontractor on the jobsite and provide a narrative of
the citations.
Financial Statement
The City may request a recent financial statement (audited if possible) as part of the final
selection and prior to contract award. This will be considered a confidential submission at
contractor request.
Bonding Company Reference
Provide the name, address and phone number of the firm’s bonding agent. Provide a letter
from the bonding agent indicating the firm’s bonding capacity is adequate to undertake this
work.
Insurance Company
Provide the name, address and phone number of the firm’s insurance agent(s). Provide
certificate of insurance outlining coverage and policy limits. Provide statements to answer
the following questions. (See also Insurance Requirements in Section VI. Sample
Agreement).
1. Does coverage meet minimum project requirements?
2. Does coverage include builder’s risk?
3. Can this coverage be extended for work on this project?
4. Can coverage be increased?
5. The City will need to be listed as an additional insured. This is a requirement for the
final contract.
6. Are there any current claims that will affect coverage limits available for this project?
Contract Goals
The City of Fort Collins and CDOT have established Contract Goals for Disadvantaged
Business Enterprise (DBE) and On the Job Training (OJT). The Contractor shall submit
documentation necessary to meet these goals. Attached is a copy of CDOT Form 1414
which must be filled out and returned with your proposal, see Attachment #6 for this
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form. Form 1414 and other related forms will be updated in conjunction with submittal
of the construction work order bid. The DBE and OJT goals for the East Segment of this
project are:
• DBE – 10%
• OJT – 320
Proposal Format
The following sections should not exceed 15 pages (double-sided) or 30 pages (single
sided) combined in length, with a minimum font size of 11 pt. Up to four of the pages may
be 11” x 17” if used for graphical presentation.
• Project Approach
• Cost Proposal and Approach to Unit Prices (Attachment 5 – Unit Price Cost
Proposal is not included in the page count)
• Quality Control and Contractor Performance
• Safety Record
• Contract Goals – Complete CDOT Form 1414 (Attachment 6)
• Complete Forms: Attachment 07 - Byrd Anti-Lobbying Certification and
Attachment 8 – Buy America Certification must be filled out and provided with
proposals.
III. REVIEW AND ASSESSMENT CRITERIA
A. PROPOSAL AND INTERVIEW CRITERIA
Construction Managers/General Contractors will be evaluated on the following criteria.
This set of criteria will be the basis for review and assessment of the written proposals
and optional interview session. At the discretion of the City, interviews of the top-rated
Construction Managers/General Contractors may be conducted.
The rating scale shall be from 1 to 10, a rating of 1 doesn’t meet minimum requirements,
a rating of 5 means the category fulfills the minimum requirements, and 10 exceeds
minimum requirements in that category.
WEIGHTING
FACTOR CATEGORY STANDARD QUESTIONS
2.0 Assigned Project
Team
Does the proposed team have the necessary
skills and experience to fulfill the requirements of
the project, including alternate delivery? Is the
key staff available and committed to do the work
for the full duration of the project?
2.0 Firm Experience
Has the Construction Manager/General
Contractor worked on projects similar in scope
to this project? Does the Construction
Manager/General Contractor have the
experience necessary for this project? Does the
Construction Manager/General Contractor have
local experience? Has the Construction
Manager/General Contractor worked in
collaborative settings with owners and
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designers, providing and incorporating feedback
in an iterative process to improve the end result?
Does the Construction Manager/General
Contractor have a strong safety record? Does
the Construction Manager/General Contractor
develop strong working relationships? Is the
Construction Manager/General Contractor’s
experience supported with strong references?
2.0
Cost Proposal and
Approach to Unit
Prices
Has the Construction Manager/General
Contractor presented detailed and thorough
assumptions and risk factors in its unit price
forms (Attachment 5 – Unit Cost Price
Proposal)? Has the Construction
Manager/General Contractor submitted
reasonable and competitive unit prices based on
current design assumptions? Is the
Construction Manager/General Contractor
willing to participate in “Open Book” negotiations
and does their approach to unit price
negotiations align with the City’s?
1.0
Quality Control,
Safety and
Construction
Performance
Do the Construction Manager/General
Contractor’s past projects reflect favorably in
respect to schedule, cost and owner
satisfaction? Does the Construction
Manager/General Contractors Quality Control
procedures provide for a high-quality and
successful project? Does the Construction
Manager/General have an effective safety
program and rating?
2.0 Project Approach
Does the project approach present a well
thought out and constructible construction
phasing plan? Does the written project
approach reflect a good balance between
construction efficiency, maintenance of traffic,
access to businesses and pedestrian access
during construction? Does the method of
construction and project approach provide a
strong approach to meeting and exceeding the
project schedule? Does the project approach
include meaningful and firm contractual
commitment to exceed the minimum
requirements of the contract in ways that are
beneficial to the project?
1.0 Sustainability
Does the CMGC present a commitment towards
sustainability with policies, suppliers,
subcontractors, etc.? Does the approach to this
project have sustainability as one of the top
goals towards success? Is the Contractor
familiar with Envision certification?
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Reference evaluation process (top rated firm)
Below is the typical reference evaluation process for the City, however, the City reserves
the right to check references at any point after submittals are received.
After the interviews (if necessary) have been conducted, the evaluation committee will
select the top rated firm and the Project Manager may check references for overall
performance, timetable, completeness, budget and job knowledge of selected
project/references. A satisfactory/unsatisfactory rating shall be given to each reference
contacted. If references check out for the top firm, then the City of Fort Collins will work to
negotiate a contract for CMGC services with the top firm. If the top firm references do not
check out, then the selection committee will look to the second ranked firm and check their
references.
During this phase of the selection process, the City may also review and analyze the
financial statement(s) provided with the proposal to assign a satisfactory/unsatisfactory
rating.
QUALIFICATION STANDARD
Overall
Performance
Would you hire this Construction Manager/General
Contractor again?
Working
Relationship
Did you have a constructive, positive and collaborative
working relationship?
Timetable
Was the original Scope of Work completed within the
specified time? Were interim deadlines met in a timely
manner?
Completeness
Was the Construction Manager/General Contractor responsive to
client needs; did they anticipate problems? Were problems
solved quickly and effectively?
Budget Was the original Scope of Work completed within the
project budget?
Job Knowledge
Did Construction Manager/General Contractor personnel exhibit
the knowledge and skills necessary for the efficient completion of
the scope or work?
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IV. ATTACHMENTS
All attachments posted to Rocky Mountain E-Purchasing System as separate file and
titled “Construction Manager/General Contractor (CM/GC) services related to the
construction of intersection improvements at Laporte Corridor from Sunset St to Fishback
Ave –
ATTACHMENT 01: 95% PLANS – LAPORTE CORRIDOR EAST SEGMENT – FREY TO
FISHBACK
ATTACHMENT 02: 30% PLANS – LAPORTE CORRIDOR WEST SEGMENT – SUNSET
TO TAFT HILL
ATTACHMENT 03: HYDRAULIC REPORT
ATTACHMENT 04: CONTRACT PROVISIONS (GENERAL AND SPECIAL)
ATTACHMENT 05: UNIT PRICE COST PROPOSAL
ATTACHMENT 06: CDOT FORM 1414 ANTICIPATED DBE PARTICIPATION PLAN
ATTACHMENT 07: BYRD ANTI-LOBBYING AMENDMENT CERTIFICATION
ATTACHMENT 08: BUY AMERICA CERTIFICATION
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V. ACKNOWLEDGEMENT
Construction Manager/General Contractor hereby acknowledges receipt of the City of Fort Collins
Request for Proposal and acknowledges that it has read and agrees to be fully bound by all of the
terms, conditions and other provisions set forth in the RFP 9808 CM/GC Services for Laporte Ave
Improvements – Fishback to Sunset and sample Agreement except as otherwise noted.
Additionally, Construction Manager/General Contractor hereby makes the following
representations to City:
a. All of the statements and representations made in this proposal are true to the best of the
Construction Manager/General Contractor’s knowledge and belief.
b. Construction Manager/General Contractor commits that it is able to meet the terms provided
in this proposal.
c. This proposal is a firm and binding offer, for a period of 90 days from the date hereof.
d. Construction Manager/General Contractor further agrees that the method of award is
acceptable.
e. Construction Manager/General Contractor acknowledges and agrees to achieve the DBE
contract goal of 10% and OJT contract goal of 320 Hours.
f. Construction Manager/General Contractor also agrees to complete the proposed Agreement
with the City of Fort Collins within 10 days of notice of award. If contract is not completed and
signed within 10 days, City reserves the right to cancel and award to the next highest rated
firm.
g. Construction Manager/General Contractor acknowledges receipt of addenda.
h. Construction Manager/General Contractor acknowledges no conflict of interest.
i. Failure to provide a public viewing copy will be considered a waiver of any claim of
confidentiality under Colorado Open Records Act (CORA). Construction Manager/General
Contractor hereby waives any and all claims for damages against the City for the City’s good
faith compliance with CORA.
Legal Firm Name:
Physical Address:
Remit to Address:
Phone:
Name of Authorized Agent of Firm:
Signature of Authorized Agent:
Primary Contact for Project:
Title: Email Address:
Phone: Cell Phone:
RFP 9808 CM/GC Services for Laporte Ave Improvements – Fishback to Sunset Page 26 of 145
NOTE: ACKNOWLEDGMENT IS TO BE SIGNED & RETURNED WITH YOUR PROPOSAL.
RFP 9808 CM/GC Services for Laporte Ave Improvements – Fishback to Sunset Page 27 of 145
VI. SAMPLE AGREEMENT (FOR REFERENCE ONLY – DO NOT SIGN )
SERVICES AGREEMENT
WORK ORDER TYPE
THIS AGREEMENT made and entered into the day and year set forth below, by and
between THE CITY OF FORT COLLINS, COLORADO, a Municipal Corporation, hereinafter
referred to as the "City" and hereinafter referred to as "Service Provider".
WITNESSETH:
In consideration of the mutual covenants and obligations herein expressed, it is agreed by
and between the parties hereto as follows:
1. Services to be Performed.
a. This Agreement shall constitute the basic agreement between the parties for RFP
9808 CM/GC Services for Laporte Ave Improvements – Fishback to Sunset. The
conditions set forth herein shall apply to all services performed by the Service Provider
on behalf of the City and particularly described in Work Orders agreed upon in writing
by the parties from time to time. Such Work Orders, samples of which are attached
hereto as Exhibit A & B, consisting of two (2) and ( ) pages and
incorporated herein by this reference, shall include a description of the services to be
performed, the location and time for performance, the amount of payment, any
materials to be supplied by the City and any other special circumstances relating to
the performance of services. A general scope of services is attached hereto as Exhibit
, consisting of ( ) pages, and incorporated herein by this reference.
The only services authorized under this Agreement are those which are performed
after receipt of such Work Order, except in emergency circumstances where oral work
requests may be issued. Oral requests for emergency actions will be confirmed by
issuance of a written Work Order within two (2) working days. Irrespective of
references in Exhibit A & B to certain named third parties, Service Provider shall be
solely responsible for performance of all duties hereunder.
b. The City may, at any time during the term of a particular Work Order and without
invalidating such Work Order, make changes to the scope of the particular services.
Such changes shall be agreed upon in writing by the parties by Change Order, a
sample of which is attached hereto as Exhibit C, consisting of ( ) page(s),
and incorporated herein by this reference.
2. Changes in the Work. The City reserves the right to independently bid any services rather
than issuing work to the Service Provider pursuant to this Agreement. Nothing within this
Agreement shall obligate the City to have any particular service performed by the Service
Provider.
3. Time of Commencement and Completion of Services. The services to be performed
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pursuant to this Agreement shall be initiated as specified by each written Work Order or oral
emergency service request. Oral emergency service requests will be acted upon without
waiting for a written Work Order. Time is of the essence.
4. Contract Period. This Agreement shall commence and shall continue in full force
and effect until , unless sooner terminated as herein provided. In addition, at the
option of the City, the Agreement may be extended for additional one year periods not to
exceed four (4) additional one year periods. Renewals and pricing changes shall be
negotiated by and agreed to by both parties only at the time of renewal. Written notice of
renewal shall be provided to the Service Provider and mailed no later than thirty (30) days
prior to contract end.
5. Delay. If either party is prevented in whole or in part from performing its obligations by
unforeseeable causes beyond its reasonable control and without is fault or negligence, then
the party so prevented shall be excused from whatever performance is prevented by such
cause. To the extent that the performance is actually prevented, the Service Provider must
provide written notice to the City of such condition within ten (10) days from the onset of
such condition.
6. Early Termination by City/Notices. Notwithstanding the time periods contained herein, the
City may terminate this Agreement at any time without cause by providing written notice of
termination to the Service Provider. Such notice shall be mailed at least ten (10) days prior
to the termination date contained in said notice unless otherwise agreed in writing by the
parties. All notices provided under this Agreement shall be effective immediately when
emailed or three business days from the date of the notice when mailed to the following
addresses:
Service Provider: City: Copy to:
Attn:
email address
City of Fort Collins
Attn: Dillon Willett
PO Box 580
Fort Collins, CO 80522
dwillett@fcgov.com
City of Fort Collins
Attn: Purchasing Dept.
PO Box 580
Fort Collins, CO 80522
purchasing@fcgov.com
In the event of early termination by the City, the Service Provider shall be paid for services
rendered to the date of termination, subject only to the satisfactory performance of the
Service Provider's obligations under this Agreement. Service Provider shall submit a final
invoice within ten (10) days of the effective date of termination. Undisputed invoices shall
be paid Net 30 days of the date of the invoice. Such payment shall be the Service Provider's
sole right and remedy for such termination.
7. Contract Sum. This is an open-end indefinite quantity Agreement with no fixed price. The
actual amount of work to be performed will be stated on the individual Work Orders. The
City makes no guarantee as to the number of Work Orders that may be issued or the actual
amount of services which will in fact be requested.
RFP 9808 CM/GC Services for Laporte Ave Improvements – Fishback to Sunset Page 29 of 145
8. Payments.
a. The City agrees to pay and the Service Provider agrees to accept as full payment for all
work done and all materials furnished and for all costs and expenses incurred in
performance of the work the sums set forth for the hourly labor rate and material costs,
with markups, stated within the Bid Schedule Proposal Form, attached hereto as Exhibit
, consisting of ( ) pages, and incorporated herein by this reference.
b. Invoices shall be emailed to invoices@fcgov.com with a copy to the Project Manager.
The cost of the work completed shall be paid to the Service Provider following the
submittal of a correct itemized invoice by the Service Provider. Payment shall be made
by the City only upon acceptance of the work by the City and upon the Service Provider
furnishing satisfactory evidence of payment of all wages, taxes, supplies and materials,
and other costs incurred in connection with the performance of such work. The City is
exempt from sales and use tax. The City’s Certificate of Exemption license number is
09804502. A copy of the license is available upon written request.
The City pays invoices on Net 30 days from the date of the invoice.
9. Appropriation. To the extent this Agreement or any provision in it constitutes a multiple
fiscal year debt or financial obligation of the City, it shall be subject to annual appropriation
by City Council as required in Article V, Section 8(b) of the City Charter, City Code Section
8-186, and Article X, Section 20 of the Colorado Constitution. The City shall have no
obligation to continue this Agreement in any fiscal year for which no such supporting
appropriation has been made.
10. Liquidated Damages. OWNER and CONTRACTOR recognize that time is of the essence
of this Agreement and that OWNER will suffer financial loss if the Work is not completed
within the times specified in the Work Order, plus any extensions thereof allowed in
accordance with Article 12 of the General conditions. They also recognize the delays,
expenses and difficulties involved in proving in a legal proceeding the actual loss suffered
by OWNER if the Work is not completed on time. Accordingly, instead of requiring any such
proof, OWNER and CONSTRUCTION MANAGER/GENERAL CONTRACTOR agree that
as liquidated damages for delay (but not as penalty) CONSTRUCTION
MANAGER/GENERAL CONTRACTOR shall pay OWNER the amount set forth in each
Work Order.
11. City Representative. The City's representative will be shown on the specific Work Order
and shall make, within the scope of his or her authority, all necessary and proper decisions
with reference to the work requested. All requests concerning this Agreement shall be
directed to the City Representative.
12. Independent Contractor. It is agreed that in the performance of any services hereunder, the
Service Provider is an independent contractor responsible to the City only as to the results
to be obtained in the particular work assignment and to the extent that the work shall be
done in accordance with the terms, plans and specifications furnished by the City.
RFP 9808 CM/GC Services for Laporte Ave Improvements – Fishback to Sunset Page 30 of 145
13. Subcontractors/subconsultants. Service Provider may not subcontract any of the Work set
forth in the subsequent Work Orders without the prior written consent of the city, which shall
not be unreasonably withheld. If any of the Work is subcontracted hereunder (with the
consent of the City), then the following provisions shall apply: (a) the
subcontractor/subconsultant must be a reputable, qualified firm with an established record
of successful performance in its respective trade performing identical or substantially similar
work, (b) the subcontractor/subconsultant will be required to comply with all applicable terms
of this Agreement, (c) the subcontract will not create any contractual relationship between
any such subcontractor/subconsultant and the City, nor will it obligate the City to pay or see
to the payment of any subcontractor/subconsultant, and (d) the work of the
subcontractor/subconsultant will be subject to inspection by the City to the same extent as
the work of the Service Provider.
14. Personal Services. It is understood that the City enters into the Agreement based on the
special abilities of the Service Provider and that this Agreement shall be considered as an
agreement for personal services. Accordingly, the Service Provider shall neither assign any
responsibilities nor delegate any duties arising under the Agreement without the prior written
consent of the city.
15. Acceptance Not Waiver. The City's approval or acceptance of, or payment for any of the
services shall not be construed to operate as a waiver of any rights under the Agreement or
of any cause of action arising out of the performance of this Agreement.
16. Performance Standards.
a. Service Provider shall perform work with the highest degree of competence and care in
accordance with accepted standards for work of a similar nature.
b. Unless otherwise provided in the Agreement, all materials and equipment incorporated
into any work shall be new and, where not specified, of the most suitable grade of their
respective kinds for their intended use, and all workmanship shall be acceptable to City.
17. Default. Each and every term and condition hereof shall be deemed to be a material
element of this Agreement. In the event either party should fail or refuse to perform
according to the terms of this Agreement, such party may be declared in default thereof.
18. Remedies. In the event a party has been declared in default, such defaulting party shall be
allowed a period of ten (10) days within which to cure said default. In the event the default
remains uncorrected, the party declaring default may elect to (a) terminate the Agreement
and seek damages; (b) treat the Agreement as continuing and require specific performance;
or (c) avail themselves of any other remedy at law or equity. If the non-defaulting party
commences legal or equitable actions against the defaulting party, the defaulting party shall
be liable to the non-defaulting party for the non-defaulting party's reasonable attorney fees
and costs incurred because of the default.
19. Entire Agreement; Binding Effect; Order of Precedence; Authority to Execute. This
Agreement, along with all Exhibits and other documents incorporated herein, shall constitute
RFP 9808 CM/GC Services for Laporte Ave Improvements – Fishback to Sunset Page 31 of 145
the entire Agreement of the parties regarding this transaction and shall be binding upon said
parties, their officers, employees, agents and assigns and shall inure to the benefit of the
respective survivors, heirs, personal representatives, successors and assigns of said
parties. Covenants or representations not contained in this Agreement shall not be binding
on the parties. In the event of a conflict between terms of the Agreement and any exhibit or
attachment, the terms of the Agreement shall prevail. Each person executing this
Agreement affirms that they have the necessary authority to sign on behalf of their
respective party and to bind such party to the terms of this Agreement.
20. Indemnity/Insurance.
a. The Service Provider agrees to indemnify and save harmless the City and the State, its
officers, agents and employees against and from any and all actions, suits, claims,
demands or liability of any character whatsoever, brought or asserted for injuries to or
death of any person or persons, or damages to property arising out of, result from or
occurring in connection with the performance of any service hereunder.
b. The Service Provider shall take all necessary precautions in performing the work
hereunder to prevent injury to persons and property.
c. Without limiting any of the Service Provider's obligations hereunder, the Service Provider
shall provide and maintain insurance coverage naming the City and the State as an
additional insured under this Agreement of the type and with the limits specified within
Exhibit , consisting of ( ) page(s), attached hereto, and incorporated
herein by this reference. The Service Provider before commencing services hereunder
shall deliver to the City's Purchasing Director, purchasing@fcgov.com, P. O. Box 580,
Fort Collins, Colorado 80522 one copy of a certificate evidencing the insurance
coverage required from an insurance company acceptable to the city.
21. Law/Severability. The laws of the State of Colorado shall govern the construction,
interpretation, execution, and enforcement of this Agreement. The Parties further agree that
Larimer County District Court is the proper venue for all disputes. If the City subsequently
agrees in writing that the matter may be heard in federal court, venue will be in Denver
District Court. In the event any provision of this Agreement shall be held invalid or
unenforceable by any court of competent jurisdiction, such holding shall not invalidate or
render unenforceable any other provision of this Agreement.
22. Governmental Immunity Act. No term or condition of this Agreement shall be construed or
interpreted as a waiver, express or implied, of any of the notices, requirements, immunities,
rights, benefits, protections, limitations of liability, and other provisions of the Colorado
Governmental Immunity Act, C.R.S. § 24-10-101 et seq. and under any other applicable
law.
23. Prohibition Against Unlawful Discrimination. The City of Fort Collins, in accordance with the
provisions of Title VI of the Civil Rights Act of 1964 (78 Stat. 252, 42 US.C. §§ 2000d to
2000d-4) and the Regulations, hereby notifies all bidders that it will affirmatively ensure that
any contract entered into pursuant to this advertisement, disadvantaged business
RFP 9808 CM/GC Services for Laporte Ave Improvements – Fishback to Sunset Page 32 of 145
enterprises will be afforded full and fair opportunity to submit bids in response to this
invitation and will not be discriminated against on the grounds of race, color, or national
origin in consideration for an award.
The City strictly prohibits unlawful discrimination based on an individual’s gender (regardless
of gender identity or gender expression), race, color, religion, creed, national origin,
ancestry, age 40 years or older, marital status, disability, sexual orientation, genetic
information, or other characteristics protected by law. For the purpose of this policy “sexual
orientation” means a person’s actual or perceived orientation toward heterosexuality,
homosexuality, and bisexuality. The City also strictly prohibits unlawful harassment in the
workplace, including sexual harassment. Further, the City strictly prohibits unlawful
retaliation against a person who engages in protected activity. Protected activity includes
an employee complaining that he or she has been discriminated against in violation of the
above policy or participating in an employment discrimination proceeding.
The City requires its vendors to comply with the City’s policy for equal employment
opportunity and to prohibit unlawful discrimination, harassment, and retaliation. This
requirement applies to all third-party vendors and their subcontractors/subconsultants at
every tier.
24. Dust Control. The Service Provider shall abide by the City of Fort Collins “Dust Control and
Prevention Manual,” which is available for public download at
https://www.fcgov.com/airquality/pdf/dust-prevention-and-control-manual.pdf, and is
incorporated herein by this reference. The City of Fort Collins has implemented this manual
for all projects performed for the City of Fort Collins or located within the City of Fort Collins
City limits.
25. Colorado Open Records Act. The City is subject to Sec. 24-72-201 et seq. of the Colorado
Revised Statute (CORA). This Agreement is subject to public disclosure in whole pursuant
to CORA.
26. Order of Precedence. In the event of a conflict or ambiguity in terms the following order of
precedence shall prevail:
1. General Conditions
2. Services Agreement
3. Project Specials
4. Work Order
5. Contract Drawings
6. CDOT Standard Specifications
7. LCUASS
8. Other Project Documents
RFP 9808 CM/GC Services for Laporte Ave Improvements – Fishback to Sunset Page 33 of 145
27. Special Provisions. Special provisions or conditions relating to the services to be performed
pursuant to this Agreement are set forth in Exhibit - Confidentiality, consisting of
( ) page(s), and Exhibit , Section 00700 General Conditions consisting of
fifty-three (53) pages.
[Signature Page Follows]
RFP 9808 CM/GC Services for Laporte Ave Improvements – Fishback to Sunset Page 34 of 145
THE CITY OF FORT COLLINS, COLORADO
By:
Gerry Paul
Purchasing Director
Date:
ATTEST:
APPROVED AS TO FORM:
SERVICE PROVIDER'S NAME
By:
Printed:
Title:
Date:
RFP 9808 CM/GC Services for Laporte Ave Improvements – Fishback to Sunset Page 35 of 145
EXHIBIT A
WORK ORDER FORM (Short form)
PURSUANT TO A MASTER AGREEMENT BETWEEN
THE CITY OF FORT COLLINS
AND
SERVICE PROVIDER'S NAME
WORK ORDER NUMBER: PM's Tracking #
PROJECT TITLE:
ORIGINAL BID/RFP NUMBER & NAME: RFP 9808 CM/GC Services for Laporte Ave
Improvements – Fishback to Sunset
MASTER AGREEMENT EFFECTIVE DATE: Original Contract Date
WORK ORDER COMMENCEMENT DATE:
WORK ORDER COMPLETION DATE:
MAXIMUM FEE: (time and reimbursable direct costs):
PROJECT DESCRIPTION/SCOPE OF SERVICES:
Service Provider agrees to perform the services identified above and on the attached forms in
accordance with the terms and conditions contained herein and in the Master Agreement between
the parties. In the event of a conflict between or ambiguity in the terms of the Master Agreement
and this Work Order (including the attached forms) the Master Agreement shall control.
The attached forms consisting of ( ) pages are hereby accepted and incorporated
herein, by this reference, and Notice to Proceed is hereby given after all parties have signed this
document.
SERVICE PROVIDER: Date:
Name, Title
ACCEPTANCE: Date:
Dillon Willett, Project Manager
REVIEWED: Date:
Adam Hill, Senior Buyer
ACCEPTANCE: Date:
Gerry Paul, Purchasing Director
(if greater than $60,000)
RFP 9808 CM/GC Services for Laporte Ave Improvements – Fishback to Sunset Page 36 of 145
EXHIBIT B
WORK ORDER FORM (Construction over $100,000)
CONSTRUCTION WORK ORDER
FOR
RFP 9808 CM/GC Services for Laporte Ave Improvements –
Fishback to Sunset
WORK ORDER NO.
TITLED
(WORK ORDER TITLE)
DATE:
CONSTRUCTION MANAGER/GENERAL CONTRACTOR:
RFP 9808 CM/GC Services for Laporte Ave Improvements – Fishback to Sunset Page 37 of 145
TABLE OF CONTENTS
AGREEMENT FORMS
00525 Work Order & Notice of Award
00530 Work Order Notice to Proceed
00600 Bonds and Certificates
00610 Performance Bond
00615 Payment Bond
00630 Certificate of Insurance
00635 Certificate of Substantial Completion
00640 Certificate of Final Acceptance
00650 Lien Waiver Release (CONSTRUCTION MANAGER/GENERAL CONTRACTOR)
00660 Consent of Surety
00670 Application for Exemption Certificate
CONDITIONS OF THE CONTRACT
00700 General Conditions
Exhibit GC-A GC-A1 - GC-A2
00800 Supplementary Conditions
Davis Bacon Wage Rates
Federal Terms and Conditions
00900 Addenda, Modifications and Payment
00950 Work Order Change Order Form
00960 Application for Payment
RFP 9808 CM/GC Services for Laporte Ave Improvements – Fishback to Sunset Page 38 of 145
SECTION 00500
CONSTRUCTION WORK ORDER AGREEMENT FORMS
00525 Work Order, Notice of Award & Bid Schedule
00530 Work Order Notice to Proceed
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SECTION 00525
WORK ORDER, NOTICE OF AWARD AND BID SCHEDULE
TO (CONTRACTOR OR CM/GC):
WORK ORDER # & TITLE:
PURCHASE ORDER:
ORIGINAL BID/RFP # & TITLE: RFP 9808 CM/GC Services for Laporte Ave
Improvements – Fishback to Sunset
ENGINEER:
OWNER’S REPRESENTATIVE: Dillon Willett
NOTICE OF AWARD DATE:
OWNER: City of Fort Collins (hereinafter referred to as OWNER)
1. WORK. You are hereby notified that your bid dated , for the above Work Order has
been considered. Pursuant to your AGREEMENT with OWNER dated , you have
been awarded a Work Order for this Work Order Description:
A. See Section 01100 – Summary of Work.
2. CONTRACT PRICE, BONDS AND CERTIFICATES. The price of your Work Order is
($ ). Pursuant to the AGREEMENT and the Contract Documents, Performance
and Payment Bonds and insurance are required.
3. CONTRACT TIMES. Pursuant to the AGREEMENT and the Contract Documents, the date
for Substantial Completion of this Work Order is , and after Substantial Completion,
the date for Final Completion is .
4. LIQUIDATED DAMAGES. OWNER and CONSTRUCTION MANAGER/GENERAL
CONTRACTOR recognize that time is of the essence of this Agreement and that OWNER
will suffer financial loss if the Work is not completed within the times specified in paragraph 3
above, plus any extensions thereof allowed in accordance with Article 12 of the General
Conditions. They also recognize the delays, expenses and difficulties involved in proving in
a legal proceeding the actual loss suffered by OWNER if the Work is not completed on time.
Accordingly instead of requiring any such proof, OWNER and CONSTRUCTION
MANAGER/GENERAL CONTRACTOR agree that as liquidated damages for delay (but not
as penalty) CONTACTOR shall pay OWNER the amounts set forth hereafter.
1) Substantial Completion: One Thousand Dollars and Zero Cents ($1,000.00) for
each calendar day or fraction thereof that expires after until the work is
Substantially Complete.
2) Final Acceptance: After Substantial Completion One Thousand Dollars and
Zero Cents ($1,000.00) for each calendar day or fraction thereof that expires
after the period for Final Payment and Acceptance until the Work is
ready for Final Payment and Acceptance.
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5. PAYMENT PROCEDURES. CONSTRUCTION MANAGER/GENERAL CONTRACTOR
shall submit Applications for Payment in accordance with Article 14 of the General
Conditions. Applications for Payment will be processed by ENGINEER as provided in the
General Conditions.
5.1 PROGRESS PAYMENTS. OWNER shall make progress payments on
account of the Contract Price on the basis of CONSTRUCTION
MANAGER/GENERAL CONTRACTOR's Application for Payment as
recommended by ENGINEER, once each month during construction as
provided below. All progress payments will be on the basis of the progress
of the Work measured by the schedule of values established in paragraph
2.6 of the General Conditions and in the case of Unit Price Work based on
the number of units completed, and in accordance with the General
Requirements concerning Unit Price Work.
5.1.1 Prior to Substantial Completion, Owner will be entitled to withhold as
contract retainage five percent (5%) of each progress payment, but, in each
case, less the aggregate of payments previously made and less such
amounts as ENGINEER shall determine, or OWNER may withhold, in
accordance with paragraph 14.7 of the General Conditions. If , in the sole
discretion of Owner, on recommendation of Engineer, Owner determines
that the character and progress of the Work have been satisfactory to
OWNER and ENGINEER, OWNER may determine that as long as the
character and progress of the Work remain satisfactory to them, there will
be no additional retainage on account of Work completed in which case the
remaining progress payments prior to Substantial Completion will be in an
amount equal to 100% of the Work completed. 95% of materials and
equipment not incorporated in the Work (but delivered, suitably stored and
accompanied by documentation satisfactory to OWNER as provided in
paragraph 14.2 of the General Conditions) may be included in the
application Section 00960.
5.1.2 Upon Substantial Completion payment will be made in an amount sufficient,
if necessary, to increase total payments to CONSTRUCTION
MANAGER/GENERAL CONTRACTOR to 95% of the Contract Price, less
such amounts as ENGINEER shall determine or OWNER may withhold in
accordance with paragraph 14.7 of the General Conditions or as provided
by law.
5.2 FINAL PAYMENT. Upon Final Completion and Acceptance of the Work in
accordance with paragraph 14.13 of the General Conditions, OWNER shall
pay the remainder of the Contract Price as recommended by ENGINEER
as provided in said paragraph 14.13.
6. CONSTRUCTION MANAGER/GENERAL CONTRACTOR'S REPRESENTATION. In order
to induce OWNER to enter into this Agreement, CONSTRUCTION MANAGER/GENERAL
CONTRACTOR makes the following representations:
6.1 CONSTRUCTION MANAGER/GENERAL CONTRACTOR has familiarized
himself with the nature and extent of the Contract Documents, Work, site,
locality, and with all local conditions and Laws and Regulations that in any
manner may affect cost, progress, performance or furnishing of the Work.
RFP 9808 CM/GC Services for Laporte Ave Improvements – Fishback to Sunset Page 41 of 145
6.2 CONSTRUCTION MANAGER/GENERAL CONTRACTOR has studied
carefully all reports of explorations and tests of subsurface conditions and
drawings of physical conditions which are identified in the Supplementary
Conditions as provided in paragraph 4.2 of the General Conditions.
6.3 CONSTRUCTION MANAGER/GENERAL CONTRACTOR has obtained
and carefully studied (or assumes responsibility for obtaining and carefully
studying) all such examinations, investigations, explorations, tests, reports,
and studies (in addition to or to supplement those referred to in paragraph
6.2 above) which pertain to the subsurface or physical condition at or
contiguous to the site or otherwise may affect the cost, progress,
performance or furnishing of the Work as CONSTRUCTION
MANAGER/GENERAL CONTRACTOR considers necessary for the
performance or furnishing of the Work at the Contract Price, within the
Contract Times and in accordance with the other terms and conditions of
the Contract Documents, including specifically the provisions of paragraph
4.2 of the General Conditions; and no additional examinations,
investigations, explorations, tests, reports, studies or similar information or
data are or will be required by CONSTRUCTION MANAGER/GENERAL
CONTRACTOR for such purposes.
6.4 CONSTRUCTION MANAGER/GENERAL CONTRACTOR has reviewed
and checked all information and data shown or indicated on the Contract
Documents with respect to existing Underground Facilities at or contiguous
to the site and assumes responsibility for the accurate location of said
Underground Facilities. No additional examinations, investigations,
explorations, tests, reports, studies or similar information or data in respect
of said Underground Facilities are or will be required by CONSTRUCTION
MANAGER/GENERAL CONTRACTOR in order to perform and furnish the
Work at the Contract Price, within the Contract Times and in accordance
with the other terms and conditions of the Contract Documents, including
specifically the provision of paragraph 4.3. of the General Conditions.
6.5 CONSTRUCTION MANAGER/GENERAL CONTRACTOR has correlated
the results of all such observations, examinations, investigations, tests,
reports and data with the terms and conditions of the Contract Documents.
6.6 CONSTRUCTION MANAGER/GENERAL CONTRACTOR has given
ENGINEER written notice of all conflicts, errors or discrepancies that he
has discovered in the Contract Documents and the written resolution
thereof by ENGINEER is acceptable to CONSTRUCTION
MANAGER/GENERAL CONTRACTOR.
7. CONTRACT DOCUMENTS.
7.1 The Contract Documents which comprise the entire Agreement between
OWNER and CONSTRUCTION MANAGER/GENERAL CONTRACTOR
concerning the Work consist of the General Conditions, Supplementary
Conditions, those items included in the definition of “Contract Documents”
in Article 1.10 of the General Conditions, and such other items as are
referenced in this Article 7, all of which are incorporated herein by this
reference.
RFP 9808 CM/GC Services for Laporte Ave Improvements – Fishback to Sunset Page 42 of 145
7.2 Forms for use by CONSTRUCTION MANAGER/GENERAL
CONTRACTOR in performing the Work and related actions in carrying out
the terms of this Agreement are deemed Contract Documents and
incorporated herein by this reference, and include, but are not limited to, the
following:
7.2.1 Certificate of Substantial Completion
7.2.2 Certificate of Final Acceptance
7.2.3 Lien Waiver Releases
7.2.4 Consent of Surety
7.2.5 Application for Exemption Certificate
7.2.6 Application for Payment
7.3 Drawings, consisting of a cover sheet and sheets numbered as follows:
The Contract Drawings shall be stamped "Final for Construction" and
dated. Any revisions made shall be clearly identified and dated.
7.4 The Contract Documents also include all written amendments and other
documents amending, modifying, or supplementing the Contract
Documents pursuant to paragraphs 3.5 and 3.6 of the General Conditions.
7.5 There are no Contract Documents other than those listed or incorporated
by reference in this Article 7. The Contract Documents may only be
amended, modified or supplemented as provided in paragraphs 3.5 and 3.6
of the General Conditions.
8. MISCELLANEOUS
8.1. Terms used in this Agreement which are defined in Article I of the General
Conditions shall have the meanings indicated in the General Conditions.
8.2. No assignment by a party hereto of any rights under or interests in the
Contract Documents will be binding on another party hereto without the
written consent of the party sought to be bound; and specifically but not
without limitations, moneys that may become due and moneys that are due
may not be assigned without such consent (except to the extent that the
effect of this restriction may be limited by law), and unless specifically
stated to the contrary in any written consent to an assignment no
assignment will release or discharge that assignor from any duty or
responsibility under the Contract Document.
8.3. OWNER and CONSTRUCTION MANAGER/GENERAL
CONTRACTOR each binds itself, its partners, successors, assigns
and legal representatives to the other party hereto, its partners,
successors, assigns and legal representatives in respect to all
covenants, Agreement and obligations contained in the Contract
Document.
9. EXECUTION. Three (3) copies of this proposed Work Order & Notice of Award, and
accompanying amendments or supplements to the Contract Documents (except any
applicable Drawings) incorporated herein, are provided. Three (3) sets of any applicable
RFP 9808 CM/GC Services for Laporte Ave Improvements – Fishback to Sunset Page 43 of 145
Drawings will be delivered separately or otherwise made available to you immediately. You
must comply with the following conditions precedent within fifteen (15) days of the date of
this Notice of Award, that is, by .
A. You must deliver to OWNER three (3) fully-executed counterparts of this Work Order,
including all amendments or supplements to the Contract Documents incorporated
herein. Each Work Order must bear your signature as provided.
B. You must deliver with the executed Work Order the Contract Security (Bonds) and
insurance, as specified in the Agreement, this Work Order, the General Conditions
(Article 5.1) and the Supplementary Conditions.
Failure to comply with these conditions within the time specified will entitle OWNER to consider
your Bid abandoned and to annul this Work Order & Notice of Award. Within ten (10) days after
you comply with those conditions, OWNER will return to you one (1) fully-signed counterpart of
this Work Order with any amendments or supplements to the Contract Documents attached.
CONSTRUCTION MANAGER/GENERAL CONTRACTOR’S NOTICE OF AWARD
REPRESENTATION & EXECUTION:
CONSTRUCTION MANAGER/GENERAL CONTRACTOR agrees to perform the services
identified above, in accordance with the terms and conditions contained herein and in the
AGREEMENT dated , and the NOTICE OF AWARD dated , between the parties. In
the event of a conflict between or ambiguity in the terms of the AGREEMENT or specific Work
Orders, the AGREEMENT shall control.
CONSTRUCTION MANAGER/GENERAL CONTRACTOR:
By: Date:
Name: Title:
RFP 9808 CM/GC Services for Laporte Ave Improvements – Fishback to Sunset Page 44 of 145
OWNER’S ACCEPTANCE & EXECUTION:
This Work Order and the attached Contract Documents are hereby accepted and incorporated
herein by this reference and the attached Notice to Proceed is hereby given.
ACCEPTANCE: Date: _____
Dillon Willett, Projects Manager
OWNER: CITY OF FORT COLLINS
ACCEPTANCE: ___________________________________________ Date: __________
Kelly DiMartino, Interim City Manager
(if greater than $1,000,000)
ACCEPTANCE: ___________________________________________ Date: __________
Gerry Paul, Purchasing Director
(if greater than $60,000)
APPROVED AS TO FORM: __________________________________ Date: __________
ATTEST: ___ ________________________________________ Date: __________
RFP 9808 CM/GC Services for Laporte Ave Improvements – Fishback to Sunset Page 45 of 145
BID SCHEDULE
RFP 9808 CM/GC Services for Laporte Ave Improvements – Fishback to Sunset Page 2 of 145
SECTION 00530
WORK ORDER NOTICE TO PROCEED
NOTICE TO PROCEED DATE:
WORK ORDER TITLE:
WORK ORDER NUMBER:
ORIGINAL BID/RFP # & TITLE: RFP 9808 CM/GC Services for Laporte Ave
Improvements – Fishback to Sunset
TO:
Attn:
This notice is to advise you:
That the Work Order and all amendments and supplements to the Contract Documents covering
the above described Work have been fully executed by the CONSTRUCTION
MANAGER/GENERAL CONTRACTOR and the OWNER. That the required CONSTRUCTION
MANAGER/GENERAL CONTRACTOR's Performance and Payment Bonds and insurance have
been received by the OWNER. That the OWNER has approved the said Work Order and Contract
Documents.
Therefore, as the CONSTRUCTION MANAGER/GENERAL CONTRACTOR for the above
described Work, you are hereby authorized and directed to proceed within ( )
calendar days from receipt of this notice as required by the Work Order and the AGREEMENT.
The dates for Substantial Completion and Final Acceptance shall be , and ,
respectively.
Dated this _____________ day of ___________, _____.
CITY OF FORT COLLINS (OWNER)
By: ___________________________________________
___________________________________________
Name & Title
RFP 9808 CM/GC Services for Laporte Ave Improvements – Fishback to Sunset Page 3 of 145
ACKNOWLEDGMENT OF NOTICE
Receipt of the above Work Order Notice to Proceed is hereby acknowledged this _____________
day of ___________, _____.
(CONSTRUCTION MANAGER/GENERAL CONTRACTOR)
By: ___________________________________________
___________________________________________
Name & Title
RFP 9808 CM/GC Services for Laporte Ave Improvements – Fishback to Sunset Page 4 of 145
SECTION 00600
BONDS AND CERTIFICATES
00610 Performance Bond
00615 Payment Bond
00630 Certificate of Insurance
00635 Certificate of Substantial Completion
00640 Certificate of Final Acceptance
00650 Lien Waiver Release (CONSTRUCTION MANAGER/GENERAL
CONTRACTOR)
00651 Lien Waiver Release (SUBCONTRACTOR)
00660 Consent of Surety
00670 Application for Exemption Certificate
RFP 9808 CM/GC Services for Laporte Ave Improvements – Fishback to Sunset Page 5 of 145
SECTION 00610
PERFORMANCE BOND
Bond No __
KNOW ALL MEN BY THESE PRESENTS: that
(Firm)
(Address)
(an Individual), (a Partnership), (a Corporation), hereinafter referred to as the "Principal" and
(Firm)
(Address)
hereinafter referred to as "the Surety", are held and firmly bound unto City of Fort Collins, 300
Laporte Ave, Fort Collins, Colorado 80522 a (Municipal Corporation) hereinafter referred to as
the "OWNER", in the penal sum of ($ ) in lawful money of the United States, for the
payment of which sum well and truly to be made, we bind ourselves, successors and assigns,
jointly and severally, firmly by these presents.
THE CONDITIONS OF THIS OBLIGATION are such that whereas the Principal entered into a
certain Agreement with the OWNER, dated the day of , 2 , for RFP 9808
CM/GC Services for Laporte Ave Improvements – Fishback to Sunset a copy of which is hereto
attached and made a part hereof, for the performance of The City of Fort Collins Work Order,
titled , Work Order Number , dated the day of , , a copy of which
is hereto attached and made a part hereof.
NOW, THEREFORE, if the Principal shall well, truly and faithfully perform its duties, all the
undertakings, covenants, terms, conditions and agreements of said Work Order and Agreement
during the original term thereof, and any extensions thereof which may be granted by the
OWNER, with or without Notice to the Surety and during the life of the guaranty period, and if the
Principal shall satisfy all claims and demands incurred under such Work Order and Agreement,
and shall fully indemnify and save harmless the OWNER from all cost and damages which it may
suffer by reason of failure to do so, and shall reimburse and repay the OWNER all outlay and
expense which the OWNER may incur in making good any default, then this obligation shall be
void; otherwise to remain in full force and effect.
PROVIDED, FURTHER, that the said Surety, for value received, hereby stipulates and agrees
that no change, extension of time, alteration or addition to the terms of the Work Order and
Agreement or to the Work to be performed thereunder or the Specifications accompanying the
same shall in any way affect its obligation on this bond; and it does hereby waive notice of any
such change, extension of time, alteration or addition to the terms of the Work Order and
Agreement or to the Work or to the Specifications.
PROVIDED, FURTHER, that no final settlement between the OWNER and the CONSTRUCTION
MANAGER/GENERAL CONTRACTOR shall abridge the right of any beneficiary hereunder,
whose claim may be unsatisfied.
PROVIDED, FURTHER, that the Surety Company must be authorized to transact business in the
State of Colorado and be acceptable to the OWNER.
RFP 9808 CM/GC Services for Laporte Ave Improvements – Fishback to Sunset Page 6 of 145
IN WITNESS WHEREOF, this instrument is executed in three (3) counterparts, each one of
which shall be deemed an original, this _____ day of ___________, _____.
IN PRESENCE OF: Principal
(Title) (Title)
(Corporate Seal)
(Address)
IN PRESENCE OF: Other Partners
_____________________________ By:
_____________________________ By:
IN PRESENCE OF: Surety
_____________________________ By:
_____________________________
(Address)
(Surety Seal)
NOTE: Date of Bond must not be prior to date of Agreement. If CONSTRUCTION
MANAGER/GENERAL CONTRACTOR is Partnership, all partners should execute
Bond.
RFP 9808 CM/GC Services for Laporte Ave Improvements – Fishback to Sunset Page 7 of 145
SECTION 00615
PAYMENT BOND
Bond No __
KNOW ALL MEN BY THESE PRESENTS: that
(Firm)
(Address)
(an Individual), (a Partnership), (a Corporation), hereinafter referred to as the "Principal" and
(Firm)
(Address)
hereinafter referred to as "the Surety", are held and firmly bound unto City of Fort Collins, 300
LaPorte Ave, Fort Collins, Colorado 80522 a (Municipal Corporation) hereinafter referred to as
the "OWNER", in the penal sum of ($ ) in lawful money of the United States, for the
payment of which sum well and truly to be made, we bind ourselves, successors and assigns,
jointly and severally, firmly by these presents.
THE CONDITIONS OF THIS OBLIGATION are such that whereas the Principal entered into a
certain Agreement with the OWNER, dated the day of , , for RFP 9808 CM/GC
Services for Laporte Ave Improvements – Fishback to Sunset, a copy of which is hereto attached
and made a part hereof, for the performance of The City of Fort Collins Work Order, titled ,
Work Order Number , dated the day of , , a copy of which is hereto
attached and made a part hereof.
NOW, THEREFORE, if the Principal shall make payment to all persons, firms, subcontractors,
and corporations furnishing materials for or performing labor in the prosecution of the Work
provided for in such Work Order and Agreement and any authorized extension or modification
thereof, including all amounts due for materials, lubricants, repairs on machinery, equipment and
tools, consumed, rented or used in connection with the construction of such Work, and all
insurance premiums on said Work, and for all labor, performed in such Work whether by
subcontractor or otherwise, then this obligation shall be void; otherwise to remain in full force and
effect.
PROVIDED, FURTHER, that the said Surety, for value received, hereby stipulates and agrees
that no change, extension of time, alteration or addition to the terms of the Work Order and
Agreement or to the Work to be performed thereunder or the Specifications accompanying the
same shall in any way affect its obligation on this bond; and it does hereby waive notice of any
such change, extension of time, alteration or addition to the terms of the Work Order and
Agreement or to the Work or to the Specifications.
PROVIDED, FURTHER, that no final settlement between the OWNER and the CONTRACTOR
shall abridge the right of any beneficiary hereunder, whose claim may be unsatisfied.
PROVIDED, FURTHER, that the Surety Company must be authorized to transact business in the
State of Colorado and be acceptable to the OWNER.
RFP 9808 CM/GC Services for Laporte Ave Improvements – Fishback to Sunset Page 8 of 145
IN WITNESS WHEREOF, this instrument is executed in three (3) counterparts, each one of which
shall be deemed an original, this _____ day of ___________, _____.
IN PRESENCE OF: Principal
(Title) (Title)
(Corporate Seal)
(Address)
IN PRESENCE OF: Other Partners
_____________________________ By:
_____________________________ By:
IN PRESENCE OF: Surety
_____________________________ By:
_____________________________
(Address)
(Surety Seal)
NOTE: Date of Bond must not be prior to date of Agreement. If CONSTRUCTION
MANAGER/GENERAL CONTRACTOR is Partnership, all partners should execute
Bond.
RFP 9808 CM/GC Services for Laporte Ave Improvements – Fishback to Sunset Page 9 of 145
SECTION 00630
CERTIFICATE OF INSURANCE
CONSTRUCTION MANAGER/GENERAL CONTRACTOR shall insert his own standard
form for Certificate of Insurance in accordance with the following:
1. The Construction Manager/General Contractor will provide, from insurance companies
acceptable to the City, the insurance coverage designated hereinafter and pay all costs.
Before commencing work under this bid, the Construction Manager/General Contractor
shall furnish the City with certificates of insurance showing the type, amount, class of
operations covered, effective dates and date of expiration of policies, and containing
substantially the following statement:
“The insurance evidenced by this Certificate will not reduce coverage or limits and
will not be cancelled, except after thirty (30) days written notice has been received
by the City of Fort Collins.”
In case of the breach of any provision of the Insurance Requirements, the City, at its
option, may take out and maintain, at the expense of the Construction Manager/General
Contractor, such insurance as the City may deem proper and may deduct the cost of
such insurance from any monies which may be due or become due the Construction
Manager/General Contractor under this Agreement. The City, its officers, agents and
employees shall be named as additional insureds on the Construction Manager/General
Contractor’s general liability and automobile liability insurance policies for any claims
arising out of work performed under this Agreement.
2. Insurance coverages shall be as follows:
A. Workers' Compensation & Employer's Liability. The Construction
Manager/General Contractor shall maintain during the life of this Agreement for all
of the Construction Manager/General Contractor's employees engaged in work
performed under this agreement:
1. Workers' Compensation insurance with statutory limits as required by
Colorado law.
2. Employer's Liability insurance with limits of $100,000 per accident,
$500,000 disease aggregate, and $100,000 disease each employee.
B. Commercial General & Vehicle Liability. The Construction Manager/General
Contractor shall maintain during the life of this Agreement such commercial
general liability and automobile liability insurance as will provide coverage for
damage claims of personal injury, including accidental death, as well as for claims
for property damage, which may arise directly or indirectly from the performance of
work under this Agreement. Coverage for property damage shall be on a "broad
form" basis. The amount of insurance for each coverage, Commercial General and
Vehicle, shall not be less than $1,000,000 combined single limits for bodily injury
and property damage.
In the event any work is performed by a subcontractor, the Construction
Manager/General Contractor shall be responsible for any liability directly or
RFP 9808 CM/GC Services for Laporte Ave Improvements – Fishback to Sunset Page 10 of 145
indirectly arising out of the work performed under this Agreement by a
subcontractor, which liability is not covered by the subcontractor's insurance.
SECTION 00635
CERTIFICATE OF SUBSTANTIAL COMPLETION
TO: CITY OF FORT COLLINS (OWNER) WORK ORDER # & TITLE:
DATE OF SUBSTANTIAL COMPLETION: ORIGINAL BID/RFP # & TITLE:
RFP 9808 CM/GC Services for
Laporte Ave Improvements – Fishback to
Sunset
PROJECT OR SPECIFIED PART SHALL LOCATION: Fort Collins, Colorado
INCLUDE: OWNER: City of Fort Collins
CONSTRUCTION MANAGER/GENERAL
CONTRACTOR:
WORK ORDER DATE:
The Work performed under this Work Order, pursuant to the Contract Documents, has been
inspected by authorized representatives of the OWNER, CONSTRUCTION
MANAGER/GENERAL CONTRACTOR, and the ENGINEER and the project (or specified part of
the project, as indicated above) is hereby declared to be substantially completed on the above
date.
A tentative list of items to be completed or corrected is appended hereto. This list may not be
exhaustive, and the failure to include an item on it does not alter the responsibility of the
CONSTRUCTION MANAGER/GENERAL CONTRACTOR to complete all the Work in
accordance with the Contract Documents.
_____________________________ By: __________________________ ________
PROJECT MANAGER AUTHORIZED REPRESENTATIVE DATE
The CONSTRUCTION MANAGER/GENERAL CONTRACTOR accepts the above Certificate of
Substantial Completion and agrees to complete and correct the items on the tentative list within
the time indicated.
_____________________________ By: __________________________ ________
CONSTRUCTION MANAGER/GENERAL CONTRACTOR AUTHORIZED
REPRESENTATIVE _____________ DATE
The OWNER accepts the project or specified area of the project as substantially complete and
will assume full possession of the project or specified area of the project at 12:01 a.m., on
. The responsibility for heat, utilities, security, and insurance
under the Contract Documents shall be as set forth under "Remarks" below.
CITY OF FORT COLLINS ________ By: __________________________ ________
OWNER AUTHORIZED REPRESENTATIVE DATE
REMARKS: _________________________________________________________________
____________________________________________________________________________
SECTION 00640
CERTIFICATE OF FINAL ACCEPTANCE
DATE: ________________, _____
TO:
Gentlemen:
You are hereby notified that on the day of , , the City of Fort Collins, Colorado,
has accepted the Work completed by , for the City of Fort Collins Work Order, titled ,
Work Order Number under RFP 9808 CM/GC Services for Laporte Ave Improvements –
Fishback to Sunset
A check is attached hereto in the amount of $ as Final Payment for all Work done, subject
to the terms of the Contract Documents, including the Work Order, which is dated , and the
AGREEMENT, which is dated .
In conformance with the Work Order and Contract Documents for this project, your obligations
and guarantees will continue for the specified time from the following date:
___________________, _____.
Sincerely,
City of Fort Collins
OWNER
By: ___________________________________________
___________________________________________
Name & Title
ATTEST: _________________________________________
___________________________________________
Name & Title
SECTION 00650
LIEN WAIVER RELEASE
(CONSTRUCTION MANAGER/GENERAL CONTRACTOR)
TO: City of Fort Collins, Colorado (OWNER)
FROM: (CONSTRUCTION MANAGER/GENERAL CONTRACTOR)
WORK ORDER TITLE:
WORK ORDER NUMBER:
ORIGINAL BID/RFP # & TITLE: RFP 9808 CM/GC Services for Laporte Ave Improvements –
Fishback to Sunset
1. The CONSTRUCTION MANAGER/GENERAL CONTRACTOR acknowledges having
received payment, except retainage from the OWNER for all work, labor, skill and material
furnished, delivered and performed by the CONSTRUCTION MANAGER/GENERAL
CONTRACTOR for the OWNER or for anyone in the construction, design, improvement,
alteration, addition or repair of the above described project.
2. In consideration of such payment and other good and valuable consideration, the receipt
and adequacy of which are hereby acknowledged, the CONSTRUCTION
MANAGER/GENERAL CONTRACTOR voluntarily waives all rights, claims and liens,
including but not limited to, mechanic's liens, Miller Act claims (40 U.S.C.A. 270 a and b),
stop notices, equitable liens and labor and material bond rights which the CONSTRUCTION
MANAGER/GENERAL CONTRACTOR may now or may afterward have, claim or assert for
all and any work, labor, skill or materials furnished, delivered or performed for the
construction, design, improvement, alteration, addition or repair of the above described
project, against the OWNER or its officers, agents, employees or assigns, against any fund
of or in the possession or control of the OWNER, against the project or against all land and
the buildings on and appurtenances to the land improved by the project.
3. The CONSTRUCTION MANAGER/GENERAL CONTRACTOR affirms that all work, labor
and materials, furnished, delivered or performed to or for the construction, design,
improvement, alteration, addition or repair of the project were furnished, delivered or
performed by the CONSTRUCTION MANAGER/GENERAL CONTRACTOR or its agents,
employees, and servants, or by and through the CONSTRUCTION MANAGER/GENERAL
CONTRACTOR by various Subcontractors or materialmen or their agents, employees and
servants and further affirms the same have been paid in full and have released in full any
and all existing or possible future mechanic's liens or rights or claims against the project or
any funds in the OWNER'S possession or control concerning the project or against the
OWNER or its officers, agents, employees or assigns arising out of the project.
4. The CONSTRUCTION MANAGER/GENERAL CONTRACTOR agrees to defend and hold
harmless the OWNER, the lender, if any, and the Surety on the project against and from
any claim hereinafter made by the CONSTRUCTION MANAGER/GENERAL
CONTRACTOR's Subcontractors, materialmen, employees, servants, agents or assigns
against the project or against the OWNER or its officers, employees, agents or assigns
arising out of the project for all loss, damage and costs, including reasonable attorneys fees,
incurred as a result of such claims.
5. The parties acknowledge that the description of the project set forth above constitutes an
adequate description of the property and improvements to which this Lien Waiver Release
pertains. It is further acknowledged that this Lien Waiver Release is for the benefit of and
may be relied upon by the OWNER, the lender, if any, and Surety on any labor and material
bonds for the project.
Signed this ______ day of __________, ___.
CONSTRUCTION MANAGER/GENERAL CONTRACTOR:
By: ___________________________________________
___________________________________________
Name & Title
ATTEST:
_____________________________
Secretary
STATE OF COLORADO )
)ss.
COUNTY OF LARIMER )
Subscribed and sworn to before me this _________ day of __________, _____, by
________________________________________________________________.
Witness my hand and official seal.
My Commission Expires: ___________________________.
_________________________
Notary Public
SECTION 00660
CONSENT OF SURETY
TO: City of Fort Collins, Colorado (hereinafter referred to as the "OWNER")
CONSTRUCTION MANAGER/GENERAL CONTRACTOR:
WORK ORDER # & TITLE:
ORIGINAL BID/RFP # & TITLE: RFP 9808 CM/GC Services for Laporte Ave Improvements –
Fishback to Sunset
CONTRACT DATE:
WORK ORDER DATE:
In accordance with the provisions of the Work Order and Contract between the OWNER and the
CONSTRUCTION MANAGER/GENERAL CONTRACTOR as indicated above, for the Work
Order titled on bond of ,
(Surety) _______________________________________ hereby approves of the Final Payment
to the CONSTRUCTION MANAGER/GENERAL CONTRACTOR, and agrees that Final Payment
to the CONSTRUCTION MANAGER/GENERAL CONTRACTOR shall not relieve the Surety
Company of any of its obligations to the OWNER, as set forth in the said Surety Company's Bond.
IN WITNESS WHEREOF, the Surety Company has hereunto set its hand this _________ day of
_________ _, _____.
____________________________________________
(Surety Company)
By: ________________________________________
(Name) Attorney-in-Fact
ATTACH: Power of Attorney and Certificate of Authority of Attorney(s)-in-Fact.
SECTION 00670
APPLICATION FOR EXEMPTION CERTIFICATE
SECTION 00700
GENERAL CONDITIONS
SECTION 00800
CDOT SUPPLEMENTARY CONDITIONS
Conditions of the Contract
These Supplementary Conditions amend or supplement the corresponding paragraphs as
indicated of the General Conditions of the Construction Contract (EJCDC General Conditions
1910-8, 1990 edition with City of Fort Collins modifications) and other provisions of the Contract
Documents as indicated below.
SC-4.2 Subsurface and Physical Conditions:
A. Add the following language to paragraph 4.2.1 of the General Conditions.
4.2.1.1.1 The following report(s) of exploration and tests of subsurface
conditions at the site of the Work:
Hydraulic Design Report Dated May 3, 2023
Subsurface Utility Engineering (SUE) Report to be completed as required
and incorporated into the Construction Work Order
Contractor may rely upon the accuracy of the technical data contained in the
geotechnical documents, but not upon nontechnical data, interpretations or
opinions contained therein or upon the completeness of any information in the
report.
SC-5.3.2 Add the following:
The State of Colorado shall be added as an additional insured.
SC-5.4.8 Limits of Liability
A. Add the following language at the end of paragraph 5.4.8.
The State of Colorado shall be added as an additional insured.
The limits of liability for the insurance required by paragraphs 5.4.1 through 5.4.6
inclusive and requirements of 5.4.7 through 5.4.10 inclusive shall be in accordance
with Section 00630 of the Agreement.
SC-6.4.1 Purchasing Restrictions
Delete the complete paragraph
SC-6.4.2 Cement Restrictions Delete the complete paragraph
SC-6.5 Contractor Responsibilities—Amended in its entirety to read:
All materials and equipment shall be of good quality and new, except as otherwise
provided in the Contract Documents. All warranties, if any, provided in the
Specifications shall run specifically to the benefit of Owner. If required by Engineer
prior to final payment as provided for herein, Contractor shall furnish satisfactory
evidence (including reports of required tests) as to the kind and quality of the
materials and equipment. All materials and equipment shall be applied, installed,
connected, erected, used, cleaned and conditioned in accordance with instructions of
the applicable Supplier, except as otherwise provided in the Contract Documents.
SC- 6.30.1. - Contractor General Warranty and Guarantee-
Delete the complete paragraph
6.30.1.1 Specific Warranties. Contractor further warrants and guarantees that any
Work covered by a specific warranty provision contained in the
Specifications shall be performed in accordance with the applicable warranty
and any such Work shall conform to the warranty requirements during the
warranty period stated in the specific warranty.
SC-13.12 Correction Period
Delete the complete paragraph
SC-14.15.1- Waiver of Claims- Amended in its entirety to read:
14.15.1 a waiver of all claims by Owner against Contractor, except claims arising
from unsettled Liens, from defective Work identified and reported to
Contractor during final inspection pursuant to 14.11, from failure to comply
with the Contract Documents, or the terms of any specific guarantees or
warranties specified therein, or from Contractors’ continuing obligations
under the Contract Documents;
SC-17.6.1 Delete the complete paragraph
SC-DB Davis Bacon Wage Rates
A. The terms and conditions set forth in the following pages are hereby
incorporated as part of this Agreement.
SC-FED Federal Terms & Conditions
A. The terms and conditions set forth in the following pages are hereby incorporated
as part of this Agreement.
CURRENT DAVIS BACON WAGE RATES TO BE INCORPORATED WITH CONSTRUCTION
WORK ORDER
FEDERAL TERMS AND CONDITIONS
1. NO FEDERAL GOVERNMENT OBLIGATION TO THIRD PARTIES
Applies to all FTA-Assisted Third-Party Contracts and Subcontracts.
No Obligation by the Federal Government.
1. The Purchaser and Contractor acknowledge and agree that, notwithstanding any
concurrence by the Federal Government in or approval of the solicitation or award of the
underlying contract, absent the express written consent by the Federal Government, the
Federal Government is not a party to this contract and shall not be subject to any
obligations or liabilities to the Purchaser, Contractor, or any other party (whether or not
a party to that contract) pertaining to any matter resulting from the underlying contract.
2. The Contractor agrees to include the above clause in each subcontract financed in whole
or in part with Federal assistance provided by FTA. It is further agreed that the clause
shall not be modified, except to identify the sub-contractor who will be subject to it
provisions.
2. RECORDS RETENTIONS AND ACCESS TO SITES OF PERFORMANCE
Applies to all FTA-Assisted Third-Party Contracts and Subcontracts.
1. For a period of three years following Contract closing, the Contractor and its
subcontractors shall maintain, preserve and make available to the City, the FTA
Administrator, the Comptroller General of the United States, and any of their authorized
representatives, access at all reasonable times to any books, documents, papers and
records of Contractor which are directly pertinent to this Contract for the purposes of
making audits, examinations, excerpts and transcriptions. Contractor also agrees,
otherwise comply with 49 U.S.C. § 5325(g), and federal access to records requirements
as set forth in the applicable U.S. DOT Common Rule.
2. The Contractor shall maintain and the City shall have the right to examine and audit all
records and other evidence sufficient to reflect properly all prices, costs or rates
negotiated and invoiced in performance of this Contract. This right of examination shall
include inspection at all reasonable times of the Contractor’s offices engaged in
performing the Contract.
3. If this Contract is completely or partially terminated, the Contractor shall make available
the records relating to the work terminated until 3 years after any resulting final
termination settlement. The Contractor shall make available records relating to appeals
under the Disputes clause or to litigation or the settlement of claims arising under or
relating to this Contract until such appeals, litigation, or claims are finally resolved.
4. Access to Records and Reports” applies with equal force and effect to any
subcontractors hired by the Contractor to perform Work under this Contract. The
Contractor shall insert this provision in all subcontracts under this Contract and require
subcontractor compliance therewith.
5. Access to the Sites of Performance. The Recipient agrees to permit, and to require its
Third Party Participants to permit, FTA to have access to the sites of performance of its
Award, the accompanying Underlying Agreement, and any Amendments thereto, and to
make site visits as needed in compliance with the U.S. DOT Common Rules.
6. Closeout. Closeout of the Award does not alter the record retention or access
requirements of this section of this Master Agreement.
3. FEDERAL CHANGES
Applies to all FTA-Assisted Third-Party Contracts and Subcontracts.
Federal Changes - Contractor shall at all times comply with all applicable FTA regulations,
policies, procedures and directives, including without limitation those listed directly or by
reference in the Master Agreement between Purchaser and FTA, as they may be amended
or promulgated from time to time during the term of this contract. Contractor's failure to so
comply shall constitute a material breach of this contract.
4. CIVIL RIGHTS (EEO, TITLE VI & ADA)
Applies to all FTA-Assisted Third-Party Contracts and Subcontracts.
The following requirements apply to the underlying contract:
a) The Recipient agrees that it must comply with applicable federal civil rights laws,
regulations, requirements, and guidance, and follow applicable federal guidance,
except as the Federal Government determines otherwise in writing. Therefore, unless
a Recipient or a federal program, including the Tribal Transit Program or the Indian
Tribe Recipient, is specifically exempted from a civil rights statute, FTA requires
compliance with that civil rights statute, including compliance with equity in service.
b) Nondiscrimination in Federal Public Transportation Programs. The Recipient agrees
to, and assures that it and each Third-Party Participant, will: (1) Prohibit discrimination
based on the basis of race, color, religion, national origin, sex, disability, or age. (2)
Prohibit the: (a) Exclusion from participation in employment or a business opportunity
for reasons identified in 49 U.S.C. § 5332, (b) Denial of program benefits in
employment or a business opportunity identified in 49 U.S.C. § 5332, or (c)
Discrimination, including discrimination in employment or a business opportunity
identified in 49 U.S.C. § 5332. (3) Follow: (a) The most recent edition of FTA Circular
4702.1, “Title VI Requirements and Guidelines for Federal Transit Administration
Recipients,” to the extent consistent with applicable federal laws, regulations,
requirements, and guidance, and other applicable federal guidance that may be
issued, but (b) FTA does not require an Indian Tribe to comply with FTA program-
specific guidelines for Title VI when administering its Underlying Agreement supported
with federal assistance under the Tribal Transit Program.
c) Nondiscrimination – Title VI of the Civil Rights Act. The Recipient agrees to, and
assures that each Third Party Participant, will: (1) Prohibit discrimination based on
race, color, or national origin, (2) Comply with: (a) Title VI of the Civil Rights Act of
1964, as amended, 42 U.S.C. § 2000d et seq., (b) U.S. DOT regulations,
“Nondiscrimination in Federally-Assisted Programs of the Department of
Transportation – Effectuation of Title VI of the Civil Rights Act of 1964,” 49 C.F.R. part
21, and (c) Federal transit law, specifically 49 U.S.C. § 5332, and (3) Follow: (a) The
most recent edition of FTA Circular 4702.1, “Title VI Requirements and Guidelines for
Federal Transit Administration Recipients,” to the extent consistent with applicable
federal laws, regulations, requirements, and guidance, (b) U.S. DOJ, “Guidelines for
the enforcement of Title VI, Civil Rights Act of 1964,” 28 C.F.R. § 50.3, and (c) All other
applicable federal guidance that may be issued.
d) Equal Employment Opportunity. (1) Federal Requirements and Guidance. The
Recipient agrees to, and assures that each Third Party Participant will, prohibit
discrimination on the basis of race, color, religion, sex, or national origin, and: (a)
Comply with Title VII of the Civil Rights Act of 1964, as amended, 42 U.S.C. § 2000e
et seq., (b) Facilitate compliance with Executive Order No. 11246, “Equal Employment
Opportunity,” as amended by Executive Order No. 11375, “Amending Executive Order
No. 11246, Relating to Equal Employment Opportunity,” 42U.S.C. § 2000e note, (c)
Comply with Federal transit law, specifically 49 U.S.C. § 5332, as stated in section a,
and (d) Comply with FTA Circular 4704.1other applicable EEO laws and regulations,
as provided in Federal guidance, including laws and regulations prohibiting
discrimination on the basis of disability, except as the Federal Government determines
otherwise in writing, (2) General. The Recipient agrees to: (a) Ensure that applicants
for employment are employed and employees are treated during employment without
discrimination on the basis of their: 1 Race, 2 Color, 3 Religion, 4 Sex, 5 Disability, 6
Age, or 7 National origin, (b) Take affirmative action that includes, but is not limited to:
1 Recruitment advertising, 2 Recruitment, 3Employment, 4 Rates of pay, 5 Other forms
of compensation, 6 Selection for training, including apprenticeship, 7 Upgrading, 8
Transfers, 9 Demotions, 10 Layoffs, and 11 Terminations, but (b) Indian Tribe. Title
VII of the Civil Rights Act of 1964, as amended, exempts Indian Tribes under the
definition of "Employer". (3) Equal Employment Opportunity Requirements for
Construction Activities. In addition to the foregoing, when undertaking “construction”
as recognized by the U.S. Department of Labor (U.S. DOL), the Recipient agrees to
comply, and assures the compliance of each Third Party Participant, with: (a) U.S.
DOL regulations, “Office of Federal Contract Compliance Programs, September 2019
Equal Employment Opportunity, Department of Labor,” 41 C.F.R. chapter 60, and (b)
Executive Order No. 11246, “Equal Employment Opportunity,” as amended by
Executive Order No. 11375, “Amending Executive Order No. 11246, Relating to Equal
Employment Opportunity,” 42U.S.C. § 2000e note.
e) Disadvantaged Business Enterprise. To the extent authorized by applicable federal
laws and regulations, the Recipient agrees to facilitate, and assures that each Third-
Party Participant will facilitate, participation by small business concerns owned and
controlled by socially and economically disadvantaged individuals, also referred to as
“Disadvantaged Business Enterprises” (DBEs), in the Underlying Agreement as
follows: (1) Statutory and Regulatory Requirements. The Recipient agrees to comply
with: (a) Section 1101(b) of the FAST Act, 23 U.S.C. §101 note, (b) U.S. DOT
regulations, “Participation by Disadvantaged Business Enterprises in Department of
Transportation Financial Assistance Programs,” 49 C.F.R. part 26, and (c) Federal
transit law, specifically 49 U.S.C. § 5332, as provided in section 12a of this Master
Agreement. (2) DBE Program Requirements. A Recipient that receives planning,
capital and/or operating assistance and that will award prime third-party contracts
exceeding $250,000 in a federal fiscal year must have a DBE program meeting the
requirements of 49 C.F.R. Part 26, which is approved by FTA, and establish an annual
DBE participation goal. (3) Special Requirements for a Transit Vehicle Manufacturer
(TVM). The Recipient agrees that: (a) TVM Certification. Each TVM, as a condition of
being authorized to bid or propose on FTA-assisted transit vehicle procurements, must
certify that it has complied with the requirements of 49 C.F.R. part 26, and (b)
Reporting TVM Awards. Within 30 days of any third-party contract award for a vehicle
purchase, the Recipient must submit to FTA the name of the TVM contractor and the
total dollar value of the third-party contract and notify FTA that this information has
been attached to FTA’s electronic award and management system, the Recipient must
also submit subsequent notifications if options are exercised in subsequent years to
ensure the TVM is still in good standing. (4) Assurance. As required by 49 C.F.R. §
26.13(a): (a) Recipient Assurance. The Recipient agrees and assures that: 1 It must
not discriminate on the basis of race, color, national origin, or sex in the award and
performance of any FTA or U.S. DOT-assisted contract, or in the administration of its
DBE program or the requirements of 49 C.F.R. part 26, 2 It must take all necessary
and reasonable steps under 49 C.F.R. part 26 to ensure nondiscrimination in the
award and administration of U.S. DOT- assisted contracts, 3 Its DBE program, as
required under 49 C.F.R. part 26 and as approved by U.S. DOT, is incorporated by
reference and made part of the Underlying Agreement, and 4 Implementation of its
DBE program approved by U.S. DOT is a legal obligation and failure to carry out its
terms shall be treated as a violation of this Master Agreement. (b) Subrecipient/Third
Party Contractor/Third Party Subcontractor Assurance. The Recipient agrees and
assures that it will include the following assurance in each subagreement and third
party contract it signs with a Subrecipient or Third Party Contractor and agrees to
obtain the agreement of each of its Subrecipients, Third Party Contractors, and Third
Party Subcontractors to include the following assurance in every subagreement and
third party contract it signs: 1 The Subrecipient, each Third Party Contractor, and each
Third Party Subcontractor must not discriminate on the basis of race, color, national
origin, or sex in the award and performance of any FTA or U.S. DOT-assisted
subagreement, third party contract, and third party subcontract, as applicable, and the
administration of its DBE program or the requirements of 49 C.F.R. part 26, 2 The
Subrecipient, each Third Party Contractor, and each Third Party Subcontractor must
take all necessary and reasonable steps under 49 C.F.R. part 26 to ensure
nondiscrimination in the award and administration of U.S. DOT-assisted
subagreements, third party contracts, and third party subcontracts, as applicable, 3
Failure by the Subrecipient and any of its Third Party Contractors or Third Party
Subcontractors to carry out the requirements of this subparagraph 13.d(4)(b) is a
material breach of this subagreement, third party contract, or third party subcontract,
as applicable, and 4 The following remedies, or such other remedy as the Recipient
deems appropriate, include, but are not limited to, withholding monthly progress
payments; assessing sanctions; liquidated damages; and/or disqualifying the
Subrecipient, Third Party Contractor, or Third Party Subcontractor from future bidding
as non-responsible. (5) Remedies. Upon notification to the Recipient of its failure to
carry out its approved program, FTA or U.S. DOT may impose sanctions as provided
for under 49 C.F.R. part 26, and, in appropriate cases, refer the matter
for enforcement under either or both 18 U.S.C. § 1001, and/or the Program Fraud Civil
Remedies Act of 1986, 31 U.S.C. § 3801 et seq.
f) Nondiscrimination on the Basis of Sex. The Recipient agrees to comply with federal
prohibitions against discrimination on the basis of sex, including: (1) Title IX of the
Education Amendments of 1972, as amended, 20 U.S.C. § 1681 et seq., (2) U.S. DOT
regulations, “Nondiscrimination on the Basis of Sex in Education Programs or
Activities Receiving Federal Financial Assistance,” 49 C.F.R. part 25, and (3) Federal
transit law, specifically 49 U.S.C. § 5332.
g) Nondiscrimination on the Basis of Age. The Recipient agrees to comply with federal
prohibitions against discrimination on the basis of age, including: (1) The Age
Discrimination in Employment Act, 29 U.S.C. §§ 621 – 634, which prohibits
discrimination on the basis of age, (2) U.S. Equal Employment Opportunity
Commission (U.S. EEOC) regulations, “Age Discrimination in Employment Act,” 29
C.F.R. part 1625, (3) The Age Discrimination Act of 1975, as amended, 42 U.S.C. §
6101 et seq., which prohibits discrimination against individuals on the basis of age in
the administration of Programs, Projects, and related activities receiving federal
assistance, (4) U.S. Health and Human Services regulations, “Nondiscrimination on
the Basis of Age in Programs or Activities Receiving Federal Financial Assistance,” 45
C.F.R. part 90, and (5) Federal transit law, specifically 49 U.S.C. § 5332.
h) Nondiscrimination on the Basis of Disability. The Recipient agrees to comply with the
following federal prohibitions against discrimination on the basis of disability: (1)
Federal laws, including: (a) section 504 of the Rehabilitation Act of 1973, as amended,
29 U.S.C. § 794, which prohibits discrimination on the basis of disability in the
administration of federally assisted Programs, Projects, or activities, (b) The
Americans with Disabilities Act of 1990 (ADA), as amended, 42 U.S.C. § 12101 et
seq., which requires that accessible facilities and services be made available to
individuals with disabilities: 1 For FTA Recipients generally, Titles I, II, and III of the
ADA apply, but 2 For Indian Tribes, Titles II and III of the ADA apply, but Title I of the
ADA does not apply because it exempts Indian Tribes from the definition of “employer,”
(c) The Architectural Barriers Act of 1968, as amended, 42 U.S.C. § 4151 et seq.,
which requires that buildings and public accommodations be accessible to individuals
with disabilities, (d) Federal transit law, specifically 49 U.S.C. § 5332, which now
includes disability as a prohibited basis for discrimination, and (e) Other applicable
federal laws, regulations and requirements pertaining to access for seniors or
individuals with disabilities. (2) Federal regulations, including: (a) U.S. DOT
regulations, “Transportation Services for Individuals with Disabilities (ADA),” 49 C.F.R.
part 37, (b) U.S. DOT regulations, “Nondiscrimination on the Basis of Disability in
Programs and Activities Receiving or Benefiting from Federal Financial Assistance,”
49 C.F.R. part 27, (c) Joint U.S. Architectural and Transportation Barriers Compliance
Board (U.S. ATBCB) and U.S. DOT regulations, “Americans With Disabilities (ADA)
Accessibility Specifications for Transportation Vehicles,” 36 C.F.R. part 1192 and 49
C.F.R. part 38, (d) U.S. DOT regulations, “Transportation for Individuals with
Disabilities: Passenger Vessels,” 49 C.F.R. part 39, (e) U.S. DOJ regulations,
“Nondiscrimination on the Basis of Disability in State and Local Government Services,”
28 C.F.R. part 35, (f) U.S. DOJ regulations, “Nondiscrimination on the Basis of
Disability by Public Accommodations and in Commercial Facilities,” 28 C.F.R. part 36,
(g) U.S. EEOC, “Regulations to Implement the Equal Employment Provisions of the
Americans with Disabilities Act,” 29 C.F.R. part 1630, (h) U.S. Federal
Communications Commission regulations, “Telecommunications Relay Services and
Related Customer Premises Equipment for Persons with Disabilities,” 47 C.F.R. part
64, Subpart F, (i) U.S. ATBCB regulations, “Electronic and Information Technology
Accessibility Standards,” 36 C.F.R. part 1194, and (j) FTA regulations, “Transportation
for Elderly and Handicapped Persons,” 49 C.F.R. part 609, and (k) Other applicable
federal civil rights and nondiscrimination guidance.
(i) Drug or Alcohol Abuse - Confidentiality and Other Civil Rights Protections. The
Recipient agrees to comply with the confidentiality and civil rights protections of: (1)
The Drug Abuse Office and Treatment Act of 1972, as amended, 21 U.S.C. § 1101 et
seq., (2) The Comprehensive Alcohol Abuse and Alcoholism Prevention, Treatment
and Rehabilitation Act of 1970, as amended, 42 U.S.C. § 4541 et seq., and (3) The
Public Health Service Act, as amended, 42 U.S.C. §§ 290dd – 290dd-2.
(j) Access to Services for Persons with Limited English Proficiency. The Recipient agrees
to promote accessibility of public transportation services to persons with limited
understanding of English by following: (1) Executive Order No. 13166, “Improving
Access to Services for Persons with Limited English Proficiency,” August 11, 2000, 42
U.S.C. § 2000d-1 note, and (2) U.S. DOT Notice, “DOT Policy Guidance Concerning
Recipients’ Responsibilities to Limited English Proficiency (LEP) Persons,” 70 Fed.
Reg. 74087, December 14, 2005.
(k) Other Nondiscrimination Laws, Regulations, Requirements, and Guidance. The
Recipient agrees to comply with other applicable federal nondiscrimination laws,
regulations, and requirements, and follow federal guidance prohibiting discrimination.
(l) Remedies. Remedies for failure to comply with applicable federal Civil Rights laws,
regulations, requirements, and guidance may be enforced as provided in those federal
laws, regulations, or requirements.
(m) Free Speech and Religious Liberty. The recipient shall ensure that Federal funding is
expended in full accordance with the U.S. Constitution, Federal Law, and statutory and
public policy requirements: including, but not limited to, those protecting free speech,
religious liberty, public welfare, the environment, and prohibiting discrimination.
5. INCORPORATION OF FEDERAL TRANSIT ADMINISTRATION (FTA) TERMS
(Per FTA C 4330.1F)
Applies to all FTA-Assisted Third-Party Contracts and Subcontracts.
Incorporation of Federal Transit Administration (FTA) Terms - The preceding provisions
include, in part, certain Standard Terms and Conditions required by DOT, whether or not
expressly set forth in the preceding contract provisions. All contractual provisions required
by DOT, as set forth in FTA Circular 4220.1F, are hereby incorporated by reference.
Anything to the contrary herein notwithstanding, all FTA mandated terms shall be deemed
to control in the event of a conflict with other provisions contained in this Agreement. The
Contractor shall not perform any act, fail to perform any act, or refuse to comply with any
City requests which would cause the City to be in violation of the FTA terms and conditions.
6. ENERGY CONSERVATION REQUIREMENTS
Applies to all FTA-Assisted Third-Party Contracts and Subcontracts.
Energy Conservation - The contractor agrees to comply with mandatory standards and
policies relating to energy efficiency which are contained in the state energy conservation
plans under the Energy Policy and Conservation Act, as amended 42 U.S.C. § 6321, et.
seq., and perform an energy assessment for any building constructed, reconstructed, or
modified with federal assistance required under FTA regulations, “Requirements for Energy
Assessments,” 49 CFR Part 622, subpart C.
7. VETERANS EMPLOYEMENT
Applies to all FTA-Assisted Third-Party Contracts and Subcontracts.
Veterans Employment. As provided by 49 U.S.C. § 5325(k):
To the extent practicable, the contractor agrees and assures that each of its
subcontractors:
1. Will give a hiring preference to veterans (as defined in 5 U.S.C. § 2108), who have the
skills and abilities required to perform construction work required under a third-party
contract in connection with a capital project supported with funds made available or
appropriated for 49 U.S.C. chapter 53, and
2. Will not require an employer to give a preference to any veteran over any equally
qualified applicant who is a member of any racial or ethnic minority, female, an
individual with a disability, or a former employee.
8. PROHIBITION ON CERTAIN TELECOMMUNICATIONS AND VIDEO SURVEILLANCE
SERVICES OR EQUIPMENT (2 CFR §200.216)
Applies to all FTA-Assisted Third-Party Contracts and Subcontracts.
Contractor is prohibited from using equipment, services, or systems that uses covered
telecommunications equipment or services as a substantial or essential component of any
system, or as critical technology as part of any system. As described in Public Law 115-232,
section 889, covered telecommunications equipment is telecommunications equipment
produced by Huawei Technologies Company or ZTE Corporation (or any subsidiary or
affiliate of such entities).
a. For the purpose of public safety, security of government facilities, physical security
surveillance of critical infrastructure, and other national security purposes, video
surveillance and telecommunications equipment produced by Hytera Communications
Corporation, Hangzhou Hikvision Digital Technology Company, or Dahua Technology
Company (or any subsidiary or affiliate of such entities).
b. Telecommunications or video surveillance services provided by such entities or using
such equipment.
c. Telecommunications or video surveillance equipment or services produced or
provided by an entity that the Secretary of Defense, in consultation with the Director
of the National Intelligence or the Director of the Federal Bureau of Investigation,
reasonably believes to be an entity owned or controlled by, or otherwise connected to,
the government of a covered foreign country.
9. TERMINATION PROVISIONS (APPENDIX II TO PART 200)
Applies to all contracts except micro-purchases.
a. Termination for Convenience. The City may terminate this Contract, in whole or in part,
for any reason, upon five (5) days written notice to the Contractor. In such event, the
City shall pay the Contractor its costs, including reasonable Contract close-out costs,
and profit on Work performed up to the time of termination. The Contractor shall
promptly submit its termination claim to the City to be paid the Contractor. If the
Contractor has any property in its possession belonging to the City, the Contractor will
account for the same, and dispose of it in a manner the City directs.
b. Termination for Breach. Either Party’s failure to perform any of its material obligations
under this Contract, in whole or in part or in a timely or satisfactory manner, will be a
breach. The institution of proceedings under any bankruptcy, insolvency, reorganization
or similar law, by or against Contractor, or the appointment of a receiver or similar officer
for Contractor or any of its property, which is not vacated or fully stayed within thirty (30)
days after the institution of such proceeding, will also constitute a breach. In the event
of a breach, the non-breaching Party may provide written notice of the breach to the
other Party. If the notified Party does not cure the breach, at its sole expense, within
thirty (30) days after delivery of notice, the non-breaching Party may exercise any of its
remedies provided under this Contract or at law, including immediate termination
of the Contract.
10. GOVERNMENT-WIDE DEBARMENT AND SUSPENSION
Applies to all contracts and subcontracts exceeding $25,000.
Suspension and Debarment Executive.
The contractor attests that it is not listed on the government-wide exclusions in the System
for Award Management (SAM).
The Contractor agrees to the following:
(a) It will comply with the requirements of 2 C.F.R. part 180, subpart C, as adopted and
supplemented by U.S. DOT regulations at 2 C.F.R. part 1200, which include the
following: (a) It will not enter into any arrangement to participate in the development or
implementation of the Project with any Third Party Participant that is debarred or
suspended except as authorized by: 1 U.S. DOT regulations, “Non-procurement
Suspension and Debarment,” 2 C.F.R. part 1200, 2 U.S. OMB, “Guidelines to
Agencies on Government wide Debarment and Suspension (Non-procurement),” 2
C.F.R. part 180, including any amendments thereto, and 3 Executive Orders Nos.
12549 and 12689, “Debarment and Suspension,” 31 U.S.C. § 6101 note, (b) It will
review the U.S. GSA “System for Award Management,” https://www.sam.gov, if
required by U.S. DOT regulations, 2 C.F.R. part 1200, and (c) It will include, and
require each of its Third Party Participants to include, a similar provision in each lower
tier covered transaction, ensuring that each lower tier Third Party Participant: 1 Will
comply with Federal debarment and suspension requirements, and 2 Reviews the
“System for Award Management” at https://www.sam.gov, if necessary to comply with
U.S. DOT regulations, 2 C.F.R. part 1200, and
(b) If the Recipient suspends, debars, or takes any similar action against a Third-Party
Participant or individual, the Recipient will provide immediate written notice to the: (a)
FTA Regional Counsel for the Region in which the Recipient is located or implements
the Project, (b) FTA Project Manager if the Project is administered by an FTA
Headquarters Office, or (c) FTA Chief Counsel.
11. NOTICE TO FTA AND U.S. DOT INSPECTOR GENERAL OF INFORMATION
RELATED TO FRAUD, WASTE, ABUSE OR OTHER LEGAL MATTERS
Applies to all contracts and subcontracts exceeding $25,000. The prime contractor is
required to “flow down” this requirement to subcontractors.
a. If a current or prospective legal matter that may affect the Federal Government emerges,
the Recipient must promptly notify the FTA Chief Counsel and FTA Regional Counsel
for the Region in which the Recipient is located. The Recipient must include a similar
notification requirement in its Third Party Agreements and must require each Third Party
Participant to include an equivalent provision in its subagreements at every tier, for any
agreement that is a “covered transaction” according to 2 C.F.R. §§ 180.220 and
1200.220.
1. The types of legal matters that require notification include, but are not limited to, a
major dispute, breach, default, litigation, or naming the Federal Government as a
party to litigation or a legal disagreement in any forum for any reason.
2. Matters that may affect the Federal Government include, but are not limited to, the
Federal Government’s interests in the Award, the accompanying Underlying
Agreement, and any Amendments thereto, or the Federal Government’s
administration or enforcement of federal laws, regulations, and requirements.
3. Additional Notice to U.S. DOT Inspector General. The Recipient must promptly notify
the U.S. DOT Inspector General in addition to the FTA Chief Counsel or Regional
Counsel for the Region in which the Recipient is located, if the Recipient has
knowledge of potential fraud, waste, or abuse occurring on a Project receiving
assistance from FTA. The notification provision applies if a person has or may have
submitted a false claim under the False Claims Act, 31 U.S.C. § 3729, et seq., or
has or may have committed a criminal or civil violation of law pertaining to such
matters as fraud, conflict of interest, bid rigging, misappropriation or embezzlement,
bribery, gratuity, or similar misconduct involving federal assistance. This
responsibility occurs whether the Project is subject to this Agreement or another
agreement between the Recipient and FTA, or an agreement involving a principal,
officer, employee, agent, or Third Party Participant of the Recipient. It also applies
to subcontractors at any tier. Knowledge, as used in this paragraph, includes, but is
not limited to, knowledge of a criminal or civil investigation by a Federal, state, or
local law enforcement or other investigative agency, a criminal indictment or civil
complaint, or probable cause that could support a criminal indictment, or any other
credible information in the possession of the Recipient. In this paragraph, “promptly”
means to refer information without delay and without change. This notification
provision applies to all divisions of the Recipient, including divisions tasked with law
enforcement or investigatory functions.
b. Federal Interest in Recovery. The Federal Government retains the right to a
proportionate share of any proceeds recovered from any third party, based on the
percentage of the federal share for the Underlying Agreement. Notwithstanding the
preceding sentence, the Recipient may return all liquidated damages it receives to its
Award Budget for its Underlying Agreement rather than return the federal share of those
liquidated damages to the Federal Government, provided that the Recipient receives
FTA’s prior written concurrence.
c. Enforcement. The Recipient must pursue its legal rights and remedies available under
any third party agreement or any federal, state, or local law or regulation.
12. BYRD ANTI-LOBBYING AMENDMENT (31 U.S.C. 1352)
Applies to all contracts exceeding $100,000.
Byrd Anti-Lobbying Amendment (31 U.S.C. 1352). Contractor attests that it has filed the
required certification under the Byrd Anti-Lobbying Amendment. Contractor attests that it
has certified that it will not and has not used Federal appropriated funds to pay any person
or organization for influencing or attempting to influence an officer or employee of any
agency, a member of Congress, officer or employee of Congress, or an employee of a
member of Congress in connection with obtaining any Federal Contract, grant or any other
award covered by 31 U.S.C. 1352. Contractor further attests that it has disclosed, and will
continue to disclose, any lobbying with non-Federal funds that takes place in connection
with obtaining any Federal award.
If contract exceeds $100,000 the contractor is required to sign the attached certification.
13. BUY AMERICA REQUIREMENTS
Applies to contracts exceeding $150,000 (When tangible property of construction is
acquired.)
Buy America – The domestic preference requirements of 49 U.S.C. § 5323(j), and FTA
regulations, “Buy America Requirements,” 49 CFR Part 661, to the extent consistent with
49 U.S.C. 5323(j) apply to this contract.
Uniform Administrative Requirements. Compliance with FTA’s Buy America requirements
shall be deemed to satisfy 2 CFR § 200.322, “Domestic Preference for Procurements”.
Limitations on Certain Rolling Stock Procurements. The contractor will comply with the
limitations on certain rolling stock procurements at 49 U.S.C. § 5323(u).
If contract exceeds $150,000, the contractor is required to sign the attached certification,
except those subject to a general waiver.
14. CLEAN AIR AND FEDERAL WATER POLLUTION CONTROL ACT
Applies to all contracts exceeding $150,000.
Clean Air Act (42 U.S.C. 7401-7671q.) and the Federal Water Pollution Control Act (33
U.S.C. 1251-1387), as amended.
a. All parties agree to comply with all applicable standards, orders or regulations issued
pursuant to the Clean Air Act (42 U.S.C. 7401-7671q) and the Federal Water Pollution
Control Act as amended (33 U.S.C. 1251-1387). All parties shall report violations to the
Federal awarding agency and the Regional Office of the Environmental Protection
Agency (EPA).
b. The Contractor agrees to report each violation to the City and understands and agrees
that the City will, in turn, report each violation as required to assure notification to the
Federal Emergency Management Agency, and the appropriate Environmental
Protection Agency Regional Office.
c. The Contractor agrees to include these requirements in each subcontract exceeding
$150,000 financed in whole or in part with Federal funds.
15. ADMINISTRATIVE, CONTRACTUAL, OR LEGAL REMEDIES OR BREACH –
(APPENDIX II TO PART 200)
Applies to all contracts over $250,000.
Breach. Any breach of the Contract by Contractor shall be governed by the termination and
remedies provisions of the Contract. Additionally, in the event that the City incurs damages
as a result of Contractor’s breach, the City may pursue recovery of such damages from
Contractor. The City further retains the right to seek specific performance of the Contract at
any time as authorized by law. The City further retains the right to otherwise pursue any
remedies available to the City as a result of the Contractor’s breach, including but not limited
to administrative, Contractual, or legal remedies, as well as any applicable sanctions and
penalties.
Remedies for Non-Performance. If Contractor fails to perform any of its obligations under
this Contract, the City may, at its sole discretion, exercise one or more of the following
remedies, which shall survive expiration or termination of this Contract:
a. Suspend Performance: The City may require the Contractor to suspend performance
of all or any portion of the Work pending necessary corrective action specified by the
City and without entitling Contractor to an increase in compensation or extension of the
performance schedule. Contractor must promptly stop performance and incurring costs
upon delivery of a notice of suspension by the City.
b. Withhold Payment Pending Corrections: The City may permit Contractor to correct
any rejected Work at the City ’s discretion. Upon City ’s request, Contractor must correct
rejected Work at Contractor’s sole expense within the time frame established by the City.
Upon completion of the corrections satisfactory to the City, City will remit payment to
Contractor.
c. Deny Payment: City may deny payment for any Work that does not comply with the
requirements of the Contract or that Contractor otherwise fails to provide or complete,
as determined by the City in its sole discretion. Upon City request, Contractor will
promptly refund any amounts prepaid by the City with respect to such non-compliant
Work.
d. Removal: Upon City ’s request, Contractor will remove any of its employees or agents
from performance of the Work, if the City, in its sole discretion, deems any such person
to be incompetent, careless, unsuitable, or otherwise unacceptable.
16. CARGO PREFERENCE REQUIREMENTS
Applies to purchases of property suitable for shipment by ocean vessel.
Cargo Preference - Use of United States-Flag Vessels - The contractor agrees comply
with the shipping requirements of 46 U.S.C. § 55305, and U.S. Maritime Administration
regulations, “Cargo Preference – U.S.-Flag Vessels,” 46 CFR Part 381.
17. FLY AMERICA REQUIREMENTS
Applies to property or persons transported by air between U.S. and foreign destinations, or
between foreign locations.
Fly America Requirements. The contractor agrees to air transportation requirements of
Section 5 of the International Air Transportation Fair Competitive Practices Act of 1974, as
amended, 49 U.S.C. § 40118, and U.S. General Services Administration (U.S. GSA)
regulations, “Use of United States Flag Air Carriers,” 41 C.F.R. §§ 301-10.131 – 301-10.143.
18. DAVIS-BACON ACT (APPENDIX II TO PART 200)
Applies to all prime construction contracts in excess of $2,000.
Davis-Bacon Act, as amended (40 U.S.C. 3141-3148). Contractor must fully comply with
the Davis-Bacon Act (40 U.S.C. 3141-3144, and 3146-3148) as supplemented by
Department of Labor regulations (29 CFR Part 5, “Labor Standards Provisions Applicable
to Contracts Covering Federally Financed and Assisted Construction”). In accordance
therewith, Contractor must pay wages to laborers and mechanics at a rate not less than the
prevailing wages specified in a wage determination made by the Secretary of Labor. In
addition, Contractors must be required to pay wages not less than once a week.
The applicable Davis-Bacon Wage Determination is attached hereto.
19. COPELAND ANTI-KICKBACK ACTS (APPENDIX II TO PART 200)
Applies to all prime construction contracts in excess of $2,000.
Copeland “Anti-Kickback” Act (40 U.S.C. 3145). Contractor must fully comply with the
Copeland “Anti-Kickback” Act (40 U.S.C. 3145), as supplemented by Department of
Labor regulations (29 CFR Part 3, “Contractors and Subcontractors on Public
Building or Public Work Financed in Whole or in Part by Loans or Grants from the
United States”). Pursuant to the Act, Contractor is prohibited from inducing, by any
means, any person employed in the construction, completion, or repair of public
work, to give up any part of the compensation to which he or she is otherwise
entitled. The City shall report all suspected or reported violations of the Copeland
“Anti-Kickback” Act to the Federal awarding agency.
20. CONTRACT WORK HOURS AND SAFETY STANDARDS ACT (APPENDIX II TO
PART 200)
Applies to all contracts over $100,000 that involve the employment of
mechanics or laborers.
Contractor must fully comply with the Contract Work Hours and Safety
Standard Act (40 U.S.C. 3701-3708), including 40 U.S.C. 3702 and 3704, as
supplemented by Department of Labor regulations (29 CFR Part 5). Under 40
U.S.C. 3702 of the Act, Contract is required to compute the wages of every
mechanic and laborer on the basis of a standard work week of 40 hours. Work
in excess of the standard work week is permissible provided that the worker
is compensated at a rate of not less than one and a half times the basic rate
of pay for all hours worked in excess of 40 hours in the work week. The
requirements of 40 U.S.C. 3704 are applicable to construction work and
provide that no laborer or mechanic must be required to work in surroundings
or under working conditions which are unsanitary, hazardous or dangerous.
These requirements do not apply to the purchases of supplies or materials
or articles ordinarily available on the open market, or Contracts for
transportation or transmission of intelligence.
a. Overtime requirements. No contractor or subcontractor contracting for any part of the
contract work which may require or involve the employment of laborers or mechanics
shall require or permit any such laborer or mechanic in any workweek in which he or she
is employed on such work to work in excess of forty hours in such workweek unless
such laborer or mechanic receives compensation at a rate not less than one and one-
half times the basic rate of pay for all hours worked in excess of forty hours in such
workweek.
b. Violation; liability for unpaid wages; liquidated damages. In the event of any
violation of the clause set forth in paragraph (a) of this section the contractor and any
subcontractor responsible therefor shall be liable for the unpaid wages. In addition, such
contractor and subcontractor shall be liable to the United States (in the case of work
done under contract for the District of Columbia or a territory, to such District or to such
territory), for liquidated damages. Such liquidated damages shall be computed with
respect to each individual laborer or mechanic, including watchmen and guards,
employed in violation of the clause set forth in paragraph (a) of this section, in the sum
of $26 for each calendar day on which such individual was required or permitted to work
in excess of the standard workweek of forty hours without payment of the overtime
wages required by the clause set forth in paragraph (a) of this section.
c. Withholding for unpaid wages and liquidated damages. The FEMA shall upon its
own action or upon written request of an authorized representative of the Department of
Labor withhold or cause to be withheld, from any moneys payable on account of work
performed by the contractor or subcontractor under any such contract or any other
Federal contract with the same prime contractor, or any other federally-assisted contract
subject to the Contract Work Hours and Safety Standards Act, which is held by the same
prime contractor, such sums as may be determined to be necessary to satisfy any
liabilities of such contractor or subcontractor for unpaid wages and liquidated damages
as provided in the clause set forth in paragraph (b) of this section.
d. Subcontracts. The contractor or subcontractor shall insert in any subcontracts the
clauses set forth in paragraph (a) through (d) of this section and also a clause requiring
the subcontractors to include these clauses in any lower tier subcontracts. The prime
contractor shall be responsible for compliance by any subcontractor or lower tier
subcontractor with the clauses set forth in paragraphs (a) through (d) of this section.
21. BONDING REQUIREMENTS (2 CRF 200.326)
Applies to construction or facility improvement contracts or subcontracts exceeding the
Simplified Acquisition Threshold ($250,000).
Except where the Federal awarding agency or pass-through entity has made a
determination that alternative bonding policy and requirements adequately protect
the Federal interest, Contractor agrees to comply with the following minimum
bonding requirements:
a. Contractor must provide a bid guarantee equivalent to five percent of the bid price. The
"bid guarantee" must consist of a firm commitment such as a bid bond, certified check,
or other negotiable instrument accompanying a bid as assurance that the Contractor
will, upon acceptance of the bid, execute such Contractual documents as may be
required within the time specified.
b. Contractor must provide a performance bond on the part of the Contractor for 100
percent of the Contract price. A "performance bond" is one executed in connection with
a Contract to secure fulfillment of all the Contractor's obligations under such Contract.
c. Contractor must provide a payment bond on the part of the Contractor for 100 percent
of the Contract price. A "payment bond" is one executed in connection with a Contract
to assure payment as required by law of all persons supplying labor and material in the
execution of the work provided for in the Contract.
22. EQUAL EMPLOYMENT OPPORTUNITY (APPENDIX II TO PART 200)
Applies to all contracts that meet the definition of “federally assisted construction contract”.
Equal Employment Opportunity. Contractor agrees to comply with the Equal Opportunity
Clause provided under 41 CFR 60-1.4(a) (Government Contracts) and 41 CFR 60-1.4(b)
(Federal Assisted Construction Contracts), in accordance with Executive Order 11246,
“Equal Employment Opportunity” (30 FR 12319, 12935, 3 CFR Part, 1964-1965 Comp., p.
339), as amended by Executive Order 11375, “Amending Executive Order 11246 Relating
to Equal Employment Opportunity,” and implementing regulations at 41 CFR part 60, “Office
of Federal Contract Compliance Programs, Equal Employment Opportunity, Department of
Labor.” Contractor further agrees to include this provision, including the Equal Opportunity
Clause or a reference thereto, in any subcontracts it enters into pursuant to the Contract.
During the performance of this Contract, the Contractor agrees as follows:
(1) The Contractor will not discriminate against any employee or applicant for employment
because of race, color, religion, sex, sexual orientation, gender identity, or national
origin. The Contractor will take affirmative action to ensure that applicants are employed,
and that employees are treated during employment without regard to their race, color,
religion, sex, sexual orientation, gender identity, or national origin. Such action shall
include, but not be limited to the following:
Employment, upgrading, demotion, or transfer; recruitment or recruitment advertising;
layoff or termination; rates of pay or other forms of compensation; and selection for
training, including apprenticeship. The Contractor agrees to post in conspicuous places,
available to employees and applicants for employment, notices to be provided setting
forth the provisions of this nondiscrimination clause.
(2) The Contractor will, in all solicitations or advertisements for employees placed by or on
behalf of the Contractor, state that all qualified applicants will receive consideration for
employment without regard to race, color, religion, sex, sexual orientation, gender
identity, or national origin.
(3) The Contractor will not discharge or in any other manner discriminate against any
employee or applicant for employment because such employee or applicant has inquired
about, discussed, or disclosed the compensation of the employee or applicant or another
employee or applicant. This provision shall not apply to instances in which an employee
who has access to the compensation information of other employees or applicants as a
part of such employee's essential job functions discloses the compensation of such other
employees or applicants to individuals who do not otherwise have access to such
information, unless such disclosure is in response to a formal complaint or charge, in
furtherance of an investigation, proceeding, hearing, or action, including an investigation
conducted by the employer, or is consistent with the Contractor's legal duty to furnish
information.
(4) The Contractor will send to each labor union or representative of workers with which he
has a collective bargaining agreement or other Contract or understanding, a notice to
be provided advising the said labor union or workers' representatives of the Contractor's
commitments under this section, and shall post copies of the notice in conspicuous
places available to employees and applicants for employment.
(5) The Contractor will comply with all provisions of Executive Order 11246 of September
24, 1965, and of the rules, regulations, and relevant orders of the Secretary of Labor.
(6) The Contractor will furnish all information and reports required by Executive Order 11246
of September 24, 1965, and by rules, regulations, and orders of the Secretary of Labor,
or pursuant thereto, and will permit access to his books, records, and accounts by the
administering agency and the Secretary of Labor for purposes of investigation to
ascertain compliance with such rules, regulations, and orders.
(7) In the event of the Contractor's noncompliance with the nondiscrimination clauses of this
Contract or with any of the said rules, regulations, or orders, this Contract may be
canceled, terminated, or suspended in whole or in part and the Contractor may be
declared ineligible for further Government Contracts or federally assisted construction
Contracts in accordance with procedures authorized in Executive Order 11246 of
September 24, 1965, and such other sanctions may be imposed and remedies invoked
as provided in Executive Order 11246 of September 24, 1965, or by rule, regulation, or
order of the Secretary of Labor, or as otherwise provided by law.
(8) The Contractor will include the portion of the sentence immediately preceding paragraph
(1) and the provisions of paragraphs (1) through (8) in every subContract or purchase
order unless exempted by rules, regulations, or orders of the Secretary of Labor issued
pursuant to section 204 of Executive Order 11246 of September 24, 1965, so that such
provisions will be binding upon each subcontractor or vendor. The Contractor will take
such action with respect to any subContract or purchase order as the administering
agency may direct as a means of enforcing such provisions, including sanctions for
noncompliance:
Provided, however, that in the event a Contractor becomes involved in, or is threatened
with, litigation with a subcontractor or vendor as a result of such direction by the
administering agency, the Contractor may request the United States to enter into such
litigation to protect the interests of the United States.
The applicant further agrees that it will be bound by the above equal opportunity clause
with respect to its own employment practices when it participates in federally assisted
construction work: Provided, that if the applicant so participating is a State or local
government, the above equal opportunity clause is not applicable to any agency,
instrumentality or subdivision of such government which does not participate in work on
or under the Contract.
The applicant agrees that it will assist and cooperate actively with the administering
agency and the Secretary of Labor in obtaining the compliance of Contractors and
subcontractors with the equal opportunity clause and the rules, regulations, and relevant
orders of the Secretary of Labor, that it will furnish the administering agency and the
Secretary of Labor such information as they may require for the supervision of such
compliance, and that it will otherwise assist the administering agency in the discharge
of the agency's primary responsibility for securing compliance.
The applicant further agrees that it will refrain from entering into any Contract or Contract
modification subject to Executive Order 11246 of September 24, 1965, with a Contractor
debarred from, or who has not demonstrated eligibility for, Government Contracts and
federally assisted construction Contracts pursuant to the Executive Order and will carry
out such sanctions and penalties for violation of the equal opportunity clause as may be
imposed upon Contractors and subcontractors by the administering agency or the
Secretary of Labor pursuant to Part II, Subpart D of the Executive Order. In addition, the
applicant agrees that if it fails or refuses to comply with these undertakings, the
administering agency may take any or all of the following actions: Cancel, terminate, or
suspend in whole or in part this grant (Contract, loan, insurance, guarantee); refrain from
extending any further assistance to the applicant under the program with respect to
which the failure or refund occurred until satisfactory assurance of future compliance
has been received from such applicant; and refer the case to the Department of Justice
for appropriate legal proceedings.
(9) [Reserved]
(c) Subcontracts. Each nonexempt prime Contractor or subcontractor shall include the
equal opportunity clause in each of its nonexempt subcontracts.
(d) Inclusion of the equal opportunity clause by reference. The equal opportunity clause
may be included by reference in all Government Contracts and subcontracts,
including Government bills of lading, transportation requests, Contracts for deposit
of Government funds, and Contracts for issuing and paying U.S. savings bonds and
notes, and such other Contracts and subcontracts as the Director of OFCCP may
designate.
(e) Incorporation by operation of the order. By operation of the order, the equal
opportunity clause shall be considered to be a part of every Contract and
subContract required by the order and the regulations in this part to include such a
clause whether or not it is physically incorporated in such Contracts and whether or
not the Contract between the agency and the Contractor is written.
(f) Adaptation of language. Such necessary changes in language may be made in the
equal opportunity clause as shall be appropriate to identify properly the parties and
their undertakings.
23. SPECIAL DOL CLAUSE
Applies to contracts for construction exceeding $10,000.
41 CFR Part 60 – See Section 15 – Contract Clause Civil Rights Requirements
24. DISADVANTAGED BUSINESS ENTERPRISE (DBE) & PROMPT PAYMENT
(49 CFR Part 26)
Applies to contracts awarded on the basis of a bid or proposal offering to use DBEs.
Disadvantaged Business Enterprises
a. This contract is subject to the requirements of Title 49, Code of Federal Regulations, Part
26, Participation by Disadvantaged Business Enterprises in Department of
Transportation Financial Assistance Programs. The national goal for participation of
Disadvantaged Business Enterprises (DBE) is 10%. The agency’s overall goal for DBE
participation is 3%. A contract goal of 9.5% DBE participation has been established for
this procurement.
b. The contractor shall not discriminate on the basis of race, color, national origin, or sex in
the performance of this contract. The contractor shall carry out applicable requirements
of 49 CFR Part 26 in the award and administration of this DOT-assisted contract. Failure
by the contractor to carry out these requirements is a material breach of this contract,
which may result in the termination of this contract or such other remedy as the City of
Fort Collins deems appropriate. Each subcontract the contractor signs with a
subcontractor must include the assurance in this paragraph (see 49 CFR 26.13(b)).
c. Bidders/offerors are required to document sufficient DBE participation to meet these
goals or, alternatively, document adequate good faith efforts to do so, as provided for in
49 CFR 26.53. Award of this contract is conditioned on submission of the following
concurrent with and accompanying sealed bid:
1. The names and addresses of DBE firms that will participate in this contract;
2. A description of the work each DBE will perform;
3. The dollar amount of the participation of each DBE firm participating;
4. Written documentation of the bidder/offeror’s commitment to use a DBE
subcontractor whose participation it submits to meet the contract goal;
5. Written confirmation from the DBE that it is participating in the contract as provided
in the prime contractor’s commitment; and
6. If the contract goal is not met, evidence of good faith efforts to do so.
Bidders must present the information required above as a matter of responsiveness (see
49 CFR 26.53(3)).
25. PROMPT PAYMENT AND RETURN OF RETAINAGE
Applies to all contracts except micro-purchases.
The contractor is required to pay its subcontractors performing work related to this contract
for satisfactory performance of that work no later than 30 days after the contractor’s receipt
of payment for that work from the City. In addition, the contractor may not hold retainage from
its subcontractors. The contractor must promptly notify the City whenever a DBE
subcontractor performing work related to this contract is terminated or fails to complete its
work and must make good faith efforts to engage another DBE subcontractor to perform at
least the same amount of work. The contractor may not terminate any DBE subcontractor
and perform that work through its own forces or those of an affiliate without prior written
consent of the City.
26. 6002 OF THE SOLID WASTE DISPOSAL ACT (2 CFR 200.322)
Applies to all contracts except micro-purchases.
Recovered Materials - All parties agree to comply with all applicable requirements of Section
6002 of the Solid Waste Disposal Act, as amended by the Resource Conservation and
Recovery Act. The requirements of Section 6002 include procuring only items designated
in guidelines of the Environmental Protection Agency (EPA) at 40 CFR part 247 that contain
the highest percentage of recovered materials practicable, consistent with maintaining a
satisfactory level of competition, where the purchase price of the item exceeds $10,000 or
the value of the quantity acquired during the preceding fiscal year exceeded $10,000;
procuring solid waste management services in a manner that maximizes energy and
resource recovery; and establishing an affirmative procurement program for procurement of
recovered materials identified in the EPA guidelines.
a. In the performance of this contract, the Contractor shall make maximum use of products
containing recovered materials that are EPA-designated items unless the product
cannot be acquired:
• Competitively within a timeframe providing for compliance with the contract
performance schedule;
• Meeting contract performance requirements; or
• At a reasonable price.
b. Information about this requirement, along with the list of EPA-designated items, is
available at EPA’s Comprehensive Procurement Guidelines web site:
https://www.epa.gov/smm/comprehensive-procurement-guideline-cpg-program
27. ASSIGNABILITY
Applies to all contracts except micro-purchases.
Neither the City nor the Contractor shall assign or transfer any of its rights or obligations
hereunder without the prior written consent of the other.
28. CITY OF FORT COLLINS BID PROTEST PROCEDURES
Applies to all contracts except micro-purchases.
The City of Fort Collins has a protest procedure, covering any phase of solicitation or award,
including but not limited to specification or award. The protest procedures are available
from the Purchasing Department, City of Fort Collins, 215 N. Mason, Street, 2nd Floor, P.
O. Box 580, Fort Collins, CO. 80522. You may also request a copy of the procedures by
emailing: Purchasing@fcgov.com or calling 970-221-6775.
29. TITLE VI OF THE CIVIL RIGHTS ACT OF 1964
Applies to all contracts except micro-purchases.
The sub-grantee, contractor, subcontractor, successor, transferee, and assignee shall
comply with Title VI of the Civil Rights Act of 1964, which prohibits recipients of federal
financial assistance from excluding from a program or activity, denying benefits of, or
otherwise discriminating against a person on the basis of race, color, or national origin (42
U.S.C. § 2000d et seq.), as implemented by the Department of the Treasury’s Title VI
regulations, 31 CFR Part 22, which are herein incorporated by reference and made a part
of this contract (or agreement). Title VI also includes protection to persons with “Limited
English Proficiency” in any program or activity receiving federal financial assistance, 42
U.S.C. § 2000d et seq., as implemented by the Department of the Treasury’s Title VI
regulations, 31 CFR Part 22, and herein incorporated by reference and made a part of this
contract or agreement.
30. INCREASING SEAT BELT USE IN THE UNITED STATES
Applies to all contracts except micro-purchases.
Pursuant to Executive Order 13043, 62 FR 19217 (Apr. 18, 1997), the City encourages its
contractors to adopt and enforce on-the-job seat belt policies and programs for their
employees when operating company-owned, rented, or personally owned vehicles.
31. REDUCING TEXT MESSAGING WHILE DRIVING
Applies to all contracts except micro-purchases.
Pursuant to Executive Order 13513, 74 FR 51225 (Oct. 6, 2009), the City encourages its
employees, subrecipients, and contractors to adopt and enforce policies that ban text
messaging while driving, and the City has established workplace safety policies to decrease
accidents caused by distracted drivers.
SECTION 00900
ADDENDA, MODIFICATIONS AND PAYMENT
00950 Change Order
00960 Application for Payment
SECTION 00950
CHANGE ORDER FORM
CHANGE ORDER NO.
CONSTRUCTION MANAGER/GENERAL CONTRACTOR:
WORK ORDER TITLE & NO. :
ORIGINAL BID/RFP # & TITLE: RFP 808 CM/GC Services for Laporte Ave Improvements –
Fishback to Sunset
DESCRIPTION:
1. Reason for change:
2. Description of Change:
3. Change in Contract Cost:
4. Change in Contract Time:
ORIGINAL CONTRACT COSTS $ ________________
TOTAL APPROVED CHANGE ORDER(S) $ ________________
TOTAL PENDING CHANGE ORDER(S) $ ________________
TOTAL THIS CHANGE ORDER $ ________________
TOTAL % OF ORIGINAL CONTRACT, THIS CO: _______________ %
TOTAL % OF ORIGINAL CONTRACT, ALL CO’S: _______________ %
ADJUSTED CONTRACT COST $ ________________
(Assuming all change orders approved)
ACCEPTED BY: _____________________________________ DATE: ____________
Construction Manager/General Contractor's Representative
ACCEPTED BY: _____________________________________ DATE: ____________
Project Manager
REVIEWED BY: _____________________________________ DATE: ____________
Title:
APPROVED BY: _____________________________________ DATE: ____________
Title:
APPROVED BY: _____________________________________ DATE: ____________
(Purchasing Agent if > $60,000)
cc: City Clerk Architect/Engineer
Finance Purchasing
Project Manager Construction Manager/General Contractor
SECTION 00960
PAYMENT APPLICATION
SECTION 00960
APPLICATION FOR PAYMENT
APPLICATION FOR PAYMENT PAGE 1 OF 4
OWNER: City of Fort Collins PROJECT: APPLICATION NUMBER:
APPLICATION DATE:
PERIOD BEGINNING:
ENGINEER: CONTRACTOR: PERIOD ENDING:
PROJECT NUMBER:
CHANGE ORDERS Application is made for Payment as shown below in connection with Contract
NUMBER DATE AMOUNT
The present status of the account for this Contract is as
follows:
1
2 Original Contract Amount:
3 Net Change by Change Order:
Current contract Amount: $0.00
Total Completed and Stored to Date:
Less Previous Applications:
Amount Due this Application - Before Retainage: $0.00
Less Retainage:
Net Change by Change Order $0.00 AMOUNT DUE THIS APPLICATION: $0.00
CERTIFICATION:
The undersigned CONTRACTOR certifies that all obligations of CONTRACTOR incurred in connection with
the Work have been satisfied as required in Paragraph 14.3. of the General Conditions of the Contract.
The above Amount Due This Application is requested by the CONTRACTOR.
Date: By:
Payment of the above Amount Due This Application is recommended by the ENGINEER.
Date: By:
Payment of the above Amount Due This Application has been reviewed by the OWNER'S Project Manager.
Date: By:
Payment of the above Amount Due This Application is approved by the OWNER.
Date: By:
CONTRACT AMOUNTS
APPLICATION FOR
PAYMENT PAGE 2 OF 4
Work
Completed
Work
Completed
Work
Completed Stored
Bid
This
Month
Previous
Periods
To
Date Materials Total
Item This Earned Percent
Number Description Quantity Units
Unit
Price Amount Qty. Amount Qty. Amount Qty. Amount Period
To
Date Billed
$0.00 $0.00 $0.00 $0.00 $0.00
$0.00 $0.00 $0.00 $0.00 $0.00
$0.00 $0.00 $0.00 $0.00 $0.00
$0.00 $0.00 $0.00 $0.00 $0.00
$0.00 $0.00 $0.00 $0.00 $0.00
$0.00 $0.00 $0.00 $0.00 $0.00
$0.00 $0.00 $0.00 $0.00 $0.00
$0.00 $0.00 $0.00 $0.00 $0.00
$0.00 $0.00 $0.00 $0.00 $0.00
$0.00 $0.00 $0.00 $0.00 $0.00
$0.00 $0.00 $0.00 $0.00 $0.00
$0.00 $0.00 $0.00 $0.00 $0.00
$0.00 $0.00 $0.00 $0.00 $0.00
$0.00 $0.00 $0.00 $0.00 $0.00
$0.00 $0.00 $0.00 $0.00 $0.00
$0.00 $0.00 $0.00 $0.00 $0.00
$0.00 $0.00 $0.00 $0.00 $0.00
$0.00 $0.00 $0.00 $0.00 $0.00
$0.00 $0.00 $0.00 $0.00 $0.00
$0.00 $0.00 $0.00 $0.00 $0.00
$0.00 $0.00 $0.00 $0.00 $0.00
$0.00 $0.00 $0.00 $0.00 $0.00
$0.00 $0.00 $0.00 $0.00 $0.00
$0.00 $0.00 $0.00 $0.00 $0.00
$0.00 $0.00 $0.00 $0.00 $0.00
$0.00 $0.00 $0.00 $0.00 $0.00
$0.00 $0.00 $0.00 $0.00 $0.00
$0.00 $0.00 $0.00 $0.00 $0.00
$0.00 $0.00 $0.00 $0.00 $0.00
TOTALS $0.00 $0.00 $0.00 $0.00 $0.00
CHANGE ORDERS APPLICATION FOR PAYMENT PAGE 3 OF 4
Work
Completed
Work
Completed
Work
Completed Stored
Bid
This
Month
Previous
Periods
To
Date Materials Total
Item This Earned Percent
Number Description Quantity Units
Unit
Price Amount Qty. Amount Qty. Amount Qty. Amount Period
To
Date Billed
$0.00 $0.00 $0.00 $0.00 $0.00
$0.00 $0.00 $0.00 $0.00 $0.00
$0.00 $0.00 $0.00 $0.00 $0.00
$0.00 $0.00 $0.00 $0.00 $0.00
$0.00 $0.00 $0.00 $0.00 $0.00
$0.00 $0.00 $0.00 $0.00 $0.00
$0.00 $0.00 $0.00 $0.00 $0.00
$0.00 $0.00 $0.00 $0.00 $0.00
$0.00 $0.00 $0.00 $0.00 $0.00
$0.00 $0.00 $0.00 $0.00 $0.00
$0.00 $0.00 $0.00 $0.00 $0.00
$0.00 $0.00 $0.00 $0.00 $0.00
$0.00 $0.00 $0.00 $0.00 $0.00
$0.00 $0.00 $0.00 $0.00 $0.00
$0.00 $0.00 $0.00 $0.00 $0.00
$0.00 $0.00 $0.00 $0.00 $0.00
$0.00 $0.00 $0.00 $0.00 $0.00
$0.00 $0.00 $0.00 $0.00 $0.00
$0.00 $0.00 $0.00 $0.00 $0.00
$0.00 $0.00 $0.00 $0.00 $0.00
$0.00 $0.00 $0.00 $0.00 $0.00
$0.00 $0.00 $0.00 $0.00 $0.00
$0.00 $0.00 $0.00 $0.00 $0.00
$0.00 $0.00 $0.00 $0.00 $0.00
$0.00 $0.00 $0.00 $0.00 $0.00
$0.00 $0.00 $0.00 $0.00 $0.00
TOTALS CHANGE
ORDERS $0.00 $0.00 $0.00 $0.00 $0.00
PROJECT TOTALS $0.00 $0.00 $0.00 $0.00 $0.00
STORED MATERIALS
SUMMARY PAGE 4 OF 4
On Hand Received Installed On Hand
Item Invoice Previous This This This
Number Number Description Application Period Period Application
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
TOTALS $0.00 $0.00 $0.00 $0.00