HomeMy WebLinkAboutRFP - 9741 ELECTRICAL CONTRACTOR FOR CITY OF FORT COLLINS LIGHT & POWER
RFP 9741 Electrical Contractor for City of Fort Collins Light & Power Page 1 of 122
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
REQUEST FOR PROPOSAL
RFP 9741 ELECTRICAL CONTRACTOR FOR CITY OF FORT COLLINS LIGHT & POWER
RFP DUE: 3:00 PM MT (Mountain Time), March 6, 2023
The City of Fort Collins is soliciting proposals for experienced electrical contractors to provide
electric services for Light & Power (L & P) neighborhood conversions, annexations, electric system
improvement projects and emergency meter enclosure change outs. The City intends to award
contracts to multiple qualified Contractors under this Request for Proposal (RFP).
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.
Any questions should be submitted, preferably in writing via email, to Pat Johnson, CPPB,
Senior Buyer at pjohnson@fcgov.com no later than 3:00 PM MT (our clock) on February 20, 2023.
Please format your e-mail to include: RFP 9741 Electrical Contractor for City of Fort Collins Light
& Power 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):
91438 Electrical
96183 Utility Services, Electrical
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 proposers 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 proposals 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 Contractors 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 Contractors and their subcontractors/subconsultants at every tier.
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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. Contractors may submit one
(1) additional complete proposal clearly marked “FOR PUBLIC VIEWING.” In this version of the
proposal, Contractors may redact text and/or data that it deems confidential or proprietary pursuant
to CORA. 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 and financial data information is not required to be disclosed by the City. Proposals
may not be marked “Confidential” or ‘Proprietary’ in their entirety. By responding to this RFP,
Contractor hereby waives any and all claims for damages against the City for the City’s good faith
compliance with CORA. All provisions of any contract resulting from this request for
proposal will be public information.
Contractors Registration: The City requires new Contractors receiving awards from the City to
submit IRS form W-9 or W-8BEN/W8- BEN-E (international firms) and requires all 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 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 Contractors shall be required to sign the City’s Agreement prior to commencing
services (see sample attached to this document).
Sincerely,
Gerry Paul
Purchasing Director
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I. BACKGROUND & OBJECTIVE
A. Objective
The City of Fort Collins is soliciting proposals for experienced electrical contractors to
provide electric services for Light & Power on an as-needed basis for neighborhood
conversions, annexations, electric system improvement projects and emergency meter
enclosure change outs.
It is anticipated that the primary use of these services will be in the areas of minor capital
improvements, replacement maintenance, emergency repair services and other general
electrical services related to Light & Power’s electric services.
The City intends to award contracts to multiple qualified Contractors under this Request
for Proposal (RFP).
B. Background
Fort Collins is a vibrant community of approximately 168,000 located 65 miles north of
Denver, at the base of the foothills of the Rocky Mountains. The City is 57 square miles
in size and is the northern extension of the “Colorado Front Range” urban corridor. The
City’s population includes over 37,000 college students.
City of Fort Collins Utilities (Utilities) is a municipal community-owned utility that provides
electric, water, wastewater, and stormwater services to approximately 87,000 residential
and commercial customers. More information about Fort Collins Utilities can be found at
fcgov.com/utilities.
The City of Fort Collins Utilities Light & Power Organization (LPO) designs and operates
the City’s electric infrastructure to homes and businesses. LPO covers approximately fifty-
five square miles with 99% underground and approximately 1,851 miles of distribution
lines.
Areas of the city have electric infrastructure installed in the rear lot of neighborhood
subdivisions with infrastructure that is approaching the end of its service lifespan. LPO re-
installs the new electric infrastructure in the front lot for operation and maintenance
purposes.
When LPO annexes a territory that has existing overhead power lines, our normal
procedure is to immediately underground the electric system as we take over the service
from PVREA or Xcel.
II. SCOPE OF PROPOSAL
A. Scope of Work
The City is seeking Contractors to support a range of electrical services and projects.
During the term of this contract, the City may have projects that are scheduled and pre‐
arranged, but there may also be unanticipated and emergency requests needing
immediate response. Some potential projects may include, but are not limited to the
following:
· Backyard to front or overhead to underground conversions: These projects require
walking the project with L&P personnel to create a plan to either re-feed the electric
meter or move the electric meter from the backyard pedestal to the house. This
involves coordinating and communicating the project to the customer. If the meter
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location moves, this will require a new feeder to the breaker panel. In some cases,
L&P will need you to contact each homeowner and locate their breaker panel within
the building and create a plan to re-feed the breaker panel. Meter enclosure
change outs are a commonly needed if the existing enclosure is not up to current
Electric Service Standards. This work is not limited to residential, commercial
customers also fall into this scope of work.
· Emergency electric meter change outs: This service is most often needed when
L&P’s service conduit and wire has settled and creates the need for an immediate
meter enclosure changeout.
· Investigating customers electrical equipment: On occasion, L&P changes
customer source voltage from a delta configuration to wye. This scope entails
verification that existing equipment is rated for the conversion. May need to remove
illegal taps from the meters.
The Contractors may occasionally be required to perform emergency work on weekends
and outside normal business hours of 7:00 am to 5:00pm, Monday through Friday.
Meters are supplied by the City. All other items are to be supplied by the Contractor.
Contractor shall furnish all equipment (ladders, test equipment, backhoes, etc.) required
to perform the work safely and shall not utilize any City equipment.
B. Property Owners/Customers
The City has a responsibility to coordinate construction activities with the property owners
and customers and expects to work with the Contractor in this capacity, with the Contractor
taking the lead with the property owners/customers. The Contractor will be expected to
notify affected property owners and tenants at least 24 hours in advance of starting work at
a given property. Various methods may be used at the discretion of the Project Manager
including door hangers, telephone contact, and on-site meetings with customers.
The Contractor may have to reschedule work based on requests from a property owner or
tenant, deal with complaints, and perform follow-up work to the satisfaction of the City and
its customers.
Because the Contractor will be working on customer properties and around customer’
homes, they must maintain the cleanliness of the job site to the greatest extent possible.
All trash and construction debris must be removed daily and the area restored to as near
original condition as quickly as possible.
Citizen’s property that is not included in the work order and damaged during the course of
the work order will be the responsibility of the Contractor to repair.
C. Communication
The City will provide one Project Manager as a point of contact for the services to be
provided. It is expected that the Contractor provide one contact as well. Communication
between the two will be expected on a weekly basis at the beginning of the agreement. As
agreed upon, the two parties may reduce the frequency of these communications.
Contractor must read and write the English language to enable them to maintain a daily log
of events and to converse with the public while working. Fluency is Spanish is also
desirable.
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D. Project Contact
The Contractor will be expected to provide a primary and a back-up contact person for all
work orders. Both the primary and back-up contact will be involved in the following:
agreement on the work to be performed, work schedules, construction details, making
contact with customers, settling disputes, site inspections, work acceptance, change orders,
and other issues.
E. Background Checks
Awarded firm will be required to facilitate, prior to acceptance of employment, background
screening of all employees at vendor’s expense. In the event that a background check
raises questions about the trustworthiness, fitness for provision of services under this
Agreement, competence or suitability of any individual working with members of the general
public, such individual shall not be employed in connection with the services or activities
required.
Violation of this specification will be grounds to terminate services.
The City reserves the right to request from Contractor, and review background checks for
individuals assigned to provide services under this Agreement. The City reserves the right,
at its discretion, to preclude any manager, supervisor or employee from providing services
under this contract.
F. Inspections
The Project Manager, City Inspector and others may make periodic visits to the project site
to observe the progress and quality of the Work and to determine, in general, if the Work is
proceeding in accordance with the Agreement. Visits and observations made by the Project
Manager shall not relieve the Contractor of his obligation to conduct comprehensive
inspections of the Work, to furnish materials and perform acceptable Work, and to provide
adequate safety precautions in conformance with the Contract Documents.
G. Minimum Qualifications
Contractor must be a licensed master electrician and hold a contractor’s license registered
with the State of Colorado. Those performing work must be a licensed Apprentice or
Journeyman at minimum and a licensed Journeyman must always be on site if an
Apprentice is preforming work, per the regulations of State and local requirements.
H. 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: February 10, 2023
· Question deadline: 3:00 PM MT on February 20, 2023
· Final Addendum Issued: February 23, 2023
· Proposal due date: 3:00 PM MT on March 6, 2023
I. Interviews
In addition to submitting a written proposal, the top-rated Contractors may be interviewed
by the RFP assessment team and asked to participate in an oral presentation to provide
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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 IV.
J. Subcontractors
Use of subcontractors for the electrical conversion work is not allowed. Contractors may
subcontract obtaining private locates.
K. Fees, Licenses, Permits
The successful Contractors 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.
L. Method Of Award
The City intends to award contracts to multiple qualified Contractors under this Request
for Proposal (RFP). Awards will be based on the criteria and weighting in Section IV.
M. Utility Agreement Requirements
Agreements for as-needed services will be awarded from this RFP for small capital
projects no greater than $300,000. The Agreements may also be utilized to support
emergency repairs up to $100,000. Contracts awarded from this RFP will be awarded on
a not to exceed time and materials basis, paid according to unit costs.
The awarded Contractor(s) shall sign the City’s Agreement, a sample of which is attached.
The Agreement will be effective for a period of one (1) year. At the option of the City, the
Agreement may be extended for up to two (2) additional one (1) year periods. Renewals
and pricing changes for subsequent extensions shall only be considered by the City at the
time of such Agreement renewal. The Contractor shall propose any such changes in price
at least forty-five (45) days prior to Agreement expiration. The City has established a
maximum annual price increase. At the annual renewal, pricing on each agreement may
be escalated no more than three percent (3%) per year. Written notice of renewal shall be
provided to the Contractor and emailed no later than thirty (30) days prior to the Agreement
expiration date.
The City intends to quote projects amongst all firm awarded an agreement but reserves
the right to request proposals for individual projects from the pool of awarded Contractors
or assign Work Orders directly to a Contractor at its sole discretion. Work Orders will be
created for each individual project, from start to finish, no phasing. See the Work Order
section below for more detail.
There is no guaranteed minimum number of services to be ordered through this RFP.
The awarded Contractors will be responsible for the professional quality, technical
accuracy, and the coordination of all services provided.
N. Work Order Procedures
Each project will utilize the City’s Work Order, included in the Agreement, which refers
back to Service Agreement terms and conditions.
The City’s Project Manager will initiate the Work Order quote by providing the Contractor
with all the pertinent information required, and available, to accurately estimate the
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project. A site visit, drawings, and other additional information may be provided to the
Contractor to assist in the quote process. For some projects the Contractor may work
with the City’s third party- and /or staff engineer(s) and project team during design.
The Contractor shall provide all personnel, materials, equipment, and supplies necessary
to complete the requested Work. Work Order schedule of values pricing shall be based
on the Rate Schedule provided by the Contractor during the RFP process and
incorporated into the Master Agreement as the Bid Schedule. In the event a service is
requested which requires specialty labor or equipment which is not listed in the Master
Agreement Bid Schedule, the Contractor and the City will negotiate an appropriate unit
price for the service prior to the Contractor initiating work. All pricing is to be on a not to
exceed, time and materials unit cost basis.
Each Work Order will include a start and completion date, schedule of values, total cost
with detail supporting the total cost, Contractor’s quote, and a general summary of Work.
Supporting documentation could include, but is not limited to, the project schedule,
deliverables, cost details supporting total project cost to include hourly labor rates,
equipment rates, material quotes as required, and subcontractor quotes as required.
Estimated rental equipment costs and hours should be included in Work Orders as
necessary. Invoices will be itemized based on the actual equipment used.
No Work Order will be considered valid until signed, at a minimum, by the Contractor,
Project Manager, and Purchasing Department representative. Depending upon 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
wiring utilizing the City’s Change Order (included in the sample agreement) and will not be
considered valid until signed, at a minimum, by the Contractor, Project Manager, and
Purchasing Department representative.
The City makes no guarantee as to the number of Work Orders that may be issued or the
actual amount of services which will be requested as a result of this RFP.
The awarded Contractors will be required to sign the City’s Agreement, a sample of which
is attached as Section VI for reference purposes. Work Orders awarded under the
Agreements will be awarded on a not to exceed time & materials unit price basis.
Each project will utilize the City’s Work Order (included in the Agreement), which refers
back to the Agreement terms and conditions Each Work Order will 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 personnel details. No Work Order will be considered valid until signed, at a minimum,
by the Contractor, City 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 Contractor, project manager, and
Purchasing Department representative.
As detailed in the sample agreement, Construction Work Orders greater than $100,000
require 100% performance and payment bonds. In addition, prior to Substantial
Completion, the City will withhold as contract retainage five percent (5%) of each progress
payment. Liquidated damages may also apply on a project-by-project basis.
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O. Insurance
Contractor is responsible for providing the City with insurance as required in the attached
Agreement.
P. Warranty
Contractor warrants all equipment, materials, labor and other work, provided under this
Agreement, except City-furnished materials, equipment and labor, against defects and
nonconformances in design, materials and workmanship for a period beginning with
delivery and ending twenty-four months (24) months from and after final acceptance under
the Agreement regardless whether the same were furnished or performed by Contractor or
by any of its subcontractors of any tier. Warranty for installation and workmanship Upon
receipt of written notice from City of any such defect or nonconformances, the affected item
or part thereof shall be redesigned, repaired or replaced by Contractor in a manner and at
a time acceptable to City.
Q. 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 Contractor each month
following the submittal of a correct invoice by the 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. In the event a service
is requested which is not stated in the Work Order and/or Agreement, the Contractor and
the City will negotiate an appropriate unit price for the service to be added via a Change
Order prior to the Contractor initiating such work.
The City pays invoices on Net 30 terms.
R. Standard of Conduct
The successful firm shall be responsible for maintaining satisfactory standards of
employees' competency, conduct, courtesy, appearance, honesty, and integrity, and shall
be responsible for taking such disciplinary action with respect to any employee, as may
be necessary.
The City may request the successful Contractor to immediately remove from this
assignment any employee the City identifies to be unfit to perform duties due to one or more
of the following reasons:
1. Neglect of duty.
2. Disorderly conduct, use of abusive or offensive language, quarreling, intimidation by
words or actions or fighting.
3. Theft, vandalism, immoral conduct or any other criminal action.
4. Selling, consuming, possessing, or being under the influence of intoxicants,
including alcohol, or illegal substances while on assignment for the City.
5. Acting in an unsafe manner
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All City owned or operated facilities and their grounds are non-smoking sites. All City
parks, trails and natural areas are also non-smoking.
Agents and employees of Contractor(s) working for the City shall present a clean and neat
appearance. Prior to performing any work for the City, Contractor(s) shall require each of
their employees to wear ID badges or uniforms identifying: Contractor by name, the first
name of their employee and a photograph of their employee if using an ID badge. Their
employee shall wear or attach the ID badge to the outer garments at all times.
S. Work 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.
The awarded Contractor(s) shall comply with the National Electrical Code (NEC), the
National Electric Safety Code (NESC), and applicable industry standards, the most recent
revision of the Americans with Disabilities Act of 1990 (“ADA”) Standards for Accessible
Design, separate from and in addition to compliance with applicable building codes, as well
as any and all other applicable Federal, State and local laws and regulations, including
Federal Occupational Safety and Health Administration (OSHA) regulations.
Contractor(s) are retained by the City of Fort Collins based on Contractor’s expertise and
experience in the type of work that is the subject of this Contract. Contractor(s) represent
and warrant that Contractor is familiar with the aforementioned Codes. Construction
methods and techniques used by the Contractor(s) shall be in accordance with the
recommended practices and procedures published by leading industry manufacturers and
trade associations.
The Contractor(s) shall also follow all applicable City of Fort Collins and State of Colorado
Department of Transportation Standard Specifications and Construction Details, as
applicable. City of Fort Collins Electric Service Standards can be found at
https://www.fcgov.com/utilities/img/site_specific/uploads/electricservicestandards.pdf?16
45038437.
The Contractor(s) shall be aware of all standards and their application. Ignorance or lack
of knowledge shall not be an excuse for improper work to occur. Any work constructed in
violation of any applicable code shall be corrected and re-installed properly at the
Contractor’s expense.Accident Reporting
Any incident/accident resulting in damage to property or causing personal injury within the
limits of a work site shall be immediately reported to the appropriate police agency, other
required agencies, Project Manager and the City of Fort Collins Risk Management
Department.
The Contractor shall immediately contact the Utility Operator/Owner and the City of Fort
Collins when damage to an underground facility is identified. If a natural or propane gas
line is damaged, the Contractor must call 911 prior to notifying the Utility Operator. The
Contractor shall not backfill around the underground utility line until the Utility Operator
has repaired the damage and has given clearance to backfill. The City of Fort Collins will
not pay the Contractor for labor, vehicles, material, or equipment or any other cost
associated with the repair to any at-fault damage. Failure to comply may result in a verbal
warning, suspension of the crew, loss of work, and/or termination of the Agreement.
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T. Safety Practices, Safety Documentation and Training
Contractor(s) shall comply with all engineering, safety, and operating requirements
concerning installation of equipment in, on or around utility facilities; obtaining access
facilities; and adhering to operating rules and requirements involving safe contact with
utility equipment and water, gas and power lines, and confined spaces. Contractor(s) shall
adopt Utility's minimum safety standards as the baseline requirements. Perform all work
in a safe manner utilizing appropriate Personal Protective Equipment (PPE) and safe
practices.
U. Unsatisfactory Operations
Should it be necessary to halt the work because of incorrect or unsatisfactory operations
under the terms of the awarded contract or because of failure to follow safety standards
applicable hereto, the Contractor must take immediate steps to remedy the deficiencies.
Should repair or correction of any safety defect or deficiency not be immediately
undertaken and should the City of Fort Collins be required to protect the site or make the
repair or correction, the cost of such work shall be deducted from payment due the
Contractor.
III. PROPOSAL SUBMITTAL
Please limit the total length of your proposal to a maximum of twenty (20) 8 ½ x 11” pages
(excluding cover pages, table of contents, dividers and Acknowledgment form). Font shall be
a minimum of 10 Arial and margins are limited to no less than .5” for sides and top/bottom.
Extended page sizes, such as 11” x 17”, count as a single page and may be used for detailed
pricing. Links to other files or websites shall not be permitted. Proposals that do not conform
to these requirements may be rejected.
Contractors are required to provide detailed written responses to the following items in the
order outlined below. The responses shall be considered technical offers of what Contractors
propose to provide and shall be incorporated in the contract award as deemed appropriate by
the City. A proposal that does not include all the information required may be deemed non-
responsive and subject to rejection.
Responses must include all the items in the order listed below. It is suggested that the
Contractors include each of the City’s questions with their response.
The City of Fort Collins shall not reimburse any firm for costs incurred in the preparation and
presentation of their proposal.
A. Cover Letter / Executive Summary
The Executive Summary should highlight the content of the proposal and features of the
program offered, including a general description of the program and any unique aspects
or benefits provided by your firm.
Indicate your availability to participate in the interviews/demonstrations on the proposed
dates as stated in the Schedule section.
B. Contractor Information
1. Describe the Contractors business and background
2. Number of years in the business
3. Details about ownership
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4. An overview of services offered and qualifications
5. Size of the firm
6. Location(s) of offices. If multiple, please identify which will be the primary for our
account.
7. Primary contact information for the company including contact name(s) and title(s),
mailing address(s), phone number(s), and email address(s).
C. Project Approach
1. Provide a detailed narrative of the services proposed if awarded the contract per the
scope above. The narrative should include any options that may be beneficial for the
City to consider.
2. We have found that having one point of contact to manage conversion projects and
annexations works best for L&P. Describe how the project would be managed and who
would have primary responsibility for its timely and professional completion.
3. Briefly describe the approach to execute the scope of work to include the methods and
assumptions used, and any exceptions and/or risks.
4. Describe the methods and timeline of communication your firm will use with the City’s
Project Manager and other parties.
D. Firm Capability, Experience and Assigned Personnel
Provide relevant information regarding previous experience related to this or similar
projects, to include the following:
1. Provide an Organization Chart/Proposed Project Team: An organization chart
containing the names of all key personnel with titles and their specific task assignment
for this Agreement shall be provided in this section.
2. Provide resumes for each professional and technical person to be assigned to the
project. Please limit resumes to one page. The résumés shall include at least three
individual references from previous assignments.
3. Provide copies of electrician licenses for those providing services if awarded.
4. A list of qualifications for your firm and qualifications and experience of the specific staff
members proposed to perform the services described above.
5. References. Provide a minimum of three similar (<$300K) projects with public agencies
in the last 5 years that have involved the staff proposed to work on this project. If your
firm has worked with the City, it is preferred that references are from three separate
non-City owners (an additional fourth reference may be included from the City). Include
the owner’s name, title of project, beginning price, ending price, contact name, email
and phone number, subconsultants on the team and a brief description of the work and
any change orders. The Contractor authorizes the City to verify any and all information
contained herein and hereby releases all those concerned providing information as a
reference from any liability in connection with any information provided.
6. Provide any information that distinguishes Contractor from its competition and any
additional information applicable to this RFP that might be valuable in assessing
Contractor’s proposal.
7. Describe any major and/or minor damages caused by Contractor to others property
during the last five (5) years. Indicate how the damages were handled, who handled
them and who paid for them.
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E. Sustainability/TBL Methodology
In concise terms (no more than two pages), please describe your firm’s commitment to
sustainability and supporting values.
Each element of the TBL sustainability criteria will receive equal consideration in
determining the final Sustainability/TBL score.
1. Address how your firm strives to incorporate all three aspects (social,
environmental, and economic) of Triple Bottom Line (TBL) sustainable practices
into the workplace. Provide examples along with any metrics used to measure
success within your firm.
2. Also provide examples of how your firm has incorporated all three aspects of TBL
sustainable practices in previous similar projects on which your firm has been the
prime Contractor.
Some examples are provided below:
a. Environmental – Experience delivering projects / programs focused on
environmental health priorities in the areas of climate resiliency, water quality
and watershed protection, regulatory performance, management systems,
air quality, renewable energy, sustainable building and design, construction
materials management, and solid waste reduction.
b. Economic – Experience working and delivering projects with an emphasis
on strategic financial planning, job creation, business development, asset
management, various project delivery methods, value engineering, regional
partnerships, transparency, stakeholder engagement, strategic investments,
aging infrastructure, repurposing of existing facilities, and competing
financial priorities.
c. Social - Experience working and delivering projects, programs, and/or
initiatives that support Equity, Diversity, and Inclusion throughout your firm’s
workplace, including leadership, and supply chain. Examples of this may be
demonstration of working within cultural and language gaps, development of
diversity programs, diverse project teams, equitable opportunity vendor
supply chain, and how your firm has applied an equity lens to processes
such as recruitment, hiring, purchasing, career pathways, salaries, and staff
engagement.
F. Rates and Material Pricing
In response to this proposal, please provide the following:
1. Complete the Bid Schedule of fully burdened labor rates and material rates to be
used during the initial one (1) year term of the Agreement. In subsequent years,
rates shall be escalated no more than three percent (3%) per year. Overhead,
small tools, profit, insurance, bonds, markup, general & administrative expenses
shall be included in the line item pricing. A schedule for firm owned equipment
(backhoe, lift etc.) shall be included with the same detail.
2. Provide a per unit cost for the Materials listed on the Bid Schedule.
3. Material Markup: No greater than 7.5% markup allowed on materials, rentals or
subcontractors.
RFP 9741 Electrical Contractor for City of Fort Collins Light & Power Page 13 of 122
G. Safety
Contractor shall complete the attached Contractor Safety Form. If items aren’t applicable,
please note why.
H. Sample Agreement
Included with this request for proposals is a sample Agreement that the City intends to use
for obtaining the services of the Contractor. The 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.
I. Acknowledgment
The Acknowledgment form is attached as Section V. Complete the attached form
indicating the Contractor hereby acknowledges receipt of the City of Fort Collins Request
for Proposal and acknowledges that the Contractor has read and agrees to be fully bound
by all the terms, conditions and other provisions set forth in the RFP.
RFP 9741 Electrical Contractor for City of Fort Collins Light & Power Page 14 of 122
IV. REVIEW AND ASSESSMENT CRITERIA
A. Proposal and Interview Criteria
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 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
10% Project Approach
Does the proposal address all elements of
the RFP? Does the proposal show an
understanding of the scope of work
objectives, methodology to be used and
results/outcomes required by the project?
15%
Firm Capability,
Experience & Assigned
Personnel
Does the firm have the resources, financial
strength, capacity and support capabilities
required to successfully complete projects
on- time and in-budget? Does the firm
have experience on projects at facilities
that must maintain continuity with
operations? Do the individuals proposed
have the necessary skills and qualifications
to support proposed projects?
10% Sustainability/TBL
Methodology
Does the firm demonstrate a commitment
to Sustainability and incorporate Triple
Bottom Line methodology in both their
Scope of Work for the project, and their
day-to-day business operating processes
and procedures?
60% Rates and Material
Pricing
Does the proposal include detailed cost
break-down for each cost element as
applicable and are the hourly rates & unit
prices competitive?
5% Safety
Is there a written Company Safety
Program? Does the Contractor require
training and certifications? Is the
Contractor’s EMR rating <1.0?
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V. ACKNOWLEDGMENT
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 9741 Electric Contractor for City of Fort Collins Light &
Power and sample Agreement except as otherwise noted. Additionally, 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
Contractor’s knowledge and belief.
b. 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. Contractor further agrees that the method of award is acceptable.
e. 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.
f. Contractor acknowledges receipt of addenda.
g. Contractor acknowledges no conflict of interest.
h. Contractor certifies the information provided in the Contractor Safety Form is current,
accurate, and complete.
i. Failure to provide a public viewing copy will be considered a waiver of any claim of
confidentiality under Colorado Open Records Act (CORA). 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:
NOTE: ACKNOWLEDGMENT IS TO BE SIGNED & RETURNED WITH YOUR PROPOSAL.
RFP 9741 Electrical Contractor for City of Fort Collins Light & Power Page 16 of 122
EXHIBIT 1
CONTRACTOR SAFETY FORM
Please complete the following form to provide information about your Company’s safety records and
procedures. This information will be included in the evaluation of the submitted proposal. We reserve
the right to request additional documentation, at any point, that supports the accuracy of this form.
Section 1. General Information
Company Name
Number of Employees Full Time: Part Time: Seasonal:
Insurance Carrier
Self-insured for Workers Compensation?
Y ☐ N ☐
Section 2. Health and Safety Professional Information
Does your company have a full-time dedicated Safety Officer?
Y ☐ N ☐
If yes, provide the following information for the dedicated Safety Officer:
Name:
Title:
Phone Number:
Email:
If no, provide the following information of the person responsible for safety in your company:
Name:
Title:
Phone Number:
Email:
Provide the following information for the site safety Point of Contact:
Name:
Title:
Phone Number:
Email:
Section 3. Health and Safety Program
Does your company have a written Company Safety Program?
Y ☐ N ☐
Does the written Company Safety Program cover the work activities proposed by your company for this
project?
Y ☐ N ☐
Does the written Company Safety Program include the following:
Health and Safety Training Y ☐ N ☐
Employee/Management Responsibility Y ☐ N ☐
Hazard Recognition and Control Y ☐ N ☐
Incident Reporting and Investigation Y ☐ N ☐
RFP 9741 Electrical Contractor for City of Fort Collins Light & Power Page 17 of 122
Describe a typical job site safety briefing (time, location, frequency, topics, documentation).
How does your company ensure health and safety program compliance throughout the project?
Does your company perform written Job Hazard Analysis’s (JHA’s) regularly and document them?
Y ☐ N ☐
How often does your company conduct Health and Safety audits or inspections?
Does your company have a written corrective action plan for any findings?
Y ☐ N ☐
Section 4. Training and Certifications
List required safety training ALL employees receive:
List specialized safety training employees receive as needed:
RFP 9741 Electrical Contractor for City of Fort Collins Light & Power Page 18 of 122
Does your company maintain records of all safety training and certifications?
Y ☐ N ☐
Section 5. Safety Equipment (Engineered Controls)
Will your company be performing any Trenching/Excavation and Confined Space Activities?
Y ☐ N ☐
If yes, list what protective shoring equipment you will have available for the job site?
If entering Permit Required Confined Spaces (PRCS), such as vaults or sewers, what is your
procedure for these activities?
Section 6. Health and Safety Records
List the Company’s Experience Modification Rate (EMR) for the previous 3 years
Year: EMR:
Year: EMR:
Year: EMR:
For any EMR greater than 1, provide an explanation for the rating and describe the corrective action
taken by the Company. Use additional pages if needed.
RFP 9741 Electrical Contractor for City of Fort Collins Light & Power Page 19 of 122
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 a(n) (ENTER STATE) Corporation,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 .
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 ( ) page(s) 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 ( ) page(s), 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.
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3. Time of Commencement and Completion of Services. The services to be performed
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 , 2023, and shall continue in full
force and effect until , 2024, 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. 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.
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. Notices. 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:
PO Box 580
Fort Collins, CO 80522
Email Address
City of Fort Collins
Attn: Purchasing Dept.
PO Box 580
Fort Collins, CO 80522
purchasing@fcgov.com
8. City Representative. The City's representative will be shown on the specific Work Order
RFP 9741 Electrical Contractor for City of Fort Collins Light & Power Page 21 of 122
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.
The initial City Representative for this agreement is [Enter Name] and can be reached at
[Enter Email] or [Enter Phone]. The Representative is subject to change by the City.
9. 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.
10. 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 ( ) page(s), 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.
11. 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.
12. Liquidated Damages. OWNER and CONTRCTOR 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 CONTRACTOR agree that as liquidated damages for delay (but not as
penalty) CONTRACTOR shall pay OWNER the amount set forth in each Work Order.
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13. 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.
14. 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.
15. 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.
16. 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.
17. Warranty.
a. Service Provider warrants that all work performed hereunder shall be performed 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.
c. Service Provider warrants all equipment, materials, labor and other work, provided under
this Agreement, except City-furnished materials, equipment and labor, against defects
and nonconformances in design, materials and workmanship/workwomanship for a
period beginning with the start of the work and ending twenty-four (24) months from and
after final acceptance under the Work Order, regardless whether the same were
furnished or performed by Service Provider or by any of its
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subcontractors/subconsultants of any tier. Upon receipt of written notice from City of
any such defect or nonconformances, the affected item or part thereof shall be
redesigned, repaired, or replaced by Service Provider in a manner and at a time
acceptable to City.
18. 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.
19. 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.
20. Entire Agreement; Binding Effect; Order of Precedence; Authority to Execute. This
Agreement, along with all Exhibits and other documents incorporated herein, shall constitute
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.
21. Indemnity/Insurance.
a. The Service Provider agrees to indemnify and save harmless the City, 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 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
RFP 9741 Electrical Contractor for City of Fort Collins Light & Power Page 24 of 122
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.
22. 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.
23. Utilization by Other Agencies. [Optional] 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 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. Nothing herein shall be deemed to
authorize or empower the Agency to act as an agent for the City of Fort Collins in connection
with the exercise of any rights hereunder, and neither party shall have any right or authority
to assume or create any obligation or responsibility on behalf of the other. The other Agency
shall be solely responsible for any debts, liabilities, damages, claims, or expenses incurred
in connection with any agreement established between them and the Service Provider. The
City’s concurrence hereunder is subject to the Service Provider’s commitment that this
authorization shall not have a negative impact on the work to be completed for the City.
24. 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.
25. 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
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,
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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.
26. Dust Control. [Optional] 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.
27. 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.
28. Force Majeure. No Party hereto shall be considered in default in the performance of an
obligation hereunder to the extent that performance of such obligation is delayed, hindered,
or prevented by force majeure. Force majeure shall be any cause beyond the control of the
defaulting Party which could not reasonably have been foreseen and guarded
against. Force majeure includes, but is not limited to, acts of God, fires, riots, pandemics,
incendiarism, interference by civil or military authorities, compliance with regulations or
orders of military authorities, and acts of war (declared or undeclared), provided such cause
could not have been reasonably foreseen and guarded against by the defaulting
Party. Force majeure shall not include increases in labor, commodity, utility, material,
supply, fuel, or energy costs, or compliance with regulations or orders of civil authorities. To
the extent that the performance is actually prevented, the Consultant must provide written
notice to the City of such condition within ten (10) days from the onset of such condition.
29. 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), Exhibit - Safety Form, consisting of ( ) page(s), and Exhibit ,
Section 00700 General Conditions consisting of fifty-three (53) pages.
[Signature Page Follows]
RFP 9741 Electrical Contractor for City of Fort Collins Light & Power Page 26 of 122
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 9741 Electrical Contractor for City of Fort Collins Light & Power Page 27 of 122
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:
MASTER AGREEMENT EFFECTIVE DATE: Original Contract Date
ARCHITECT/ENGINEER: If using a 3rd party architect/engineer or City
PM/Engineer
OWNER’S REPRESENTATIVE: City PM
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.
Pricing stated on this Work Order shall be consistent with the pricing in the Master Agreement or
subsequent renewals as of the Work Order commencement date and will be held firm through
completion of this Work Order.
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: Service Provider's Name
By: Date:
Name: Title:
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OWNER’S ACCEPTANCE & EXECUTION:
This Work Order and the attached Contract Documents are hereby accepted and incorporated
herein by this reference.
ACCEPTANCE: Date:
Name, Project Manager
REVIEWED: Date:
Name, Buyer or Senior Buyer
APPROVED AS TO FORM: Date:
Name,City Attorney's Title
(if greater than $1,000,000)
ACCEPTANCE: Date:
Name, Title
ACCEPTANCE: Date:
Name, Title
ACCEPTANCE: Date:
Kendal Minor, Utilities Executive Director
(if greater than $1,000,000)
ACCEPTANCE: Date:
Gerry Paul, Purchasing Director
(if greater than $60,000)
ACCEPTANCE: Date:
Kelly DiMartino, City Manager
(if greater than $1,000,000)
ATTEST: Date:
City Clerk
(if greater than $1,000,000)
RFP 9741 Electrical Contractor for City of Fort Collins Light & Power Page 29 of 122
EXHIBIT B
WORK ORDER FORM (Construction over $100,000)
FORT COLLINS UTILITIES
CONSTRUCTION WORK ORDER
PROJECT TITLE
WORK ORDER NO. PM'S TRACKING #
CONTRACTOR: Company Name
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TABLE OF CONTENTS
AGREEMENT FORMS
00525 Work Order, Notice of Award & Bid Schedule
00530 Work Order Notice to Proceed
00600 Bonds and Certificates
00610 Performance Bond
00615 Payment Bond
00630 Certificate of Insurance
00635 Certificate of Substantial Completion
00640 Certificate of Final Acceptance
00650 Lien Waiver Release (CONTRACTOR)
00651 Lien Waiver Release (SUBCONTRACTOR/SUBCONSULTANT)
00660 Consent of Surety
00670 Application for Exemption Certificate
00900 Addenda, Modifications and Payment
00950 Work Order Change Order Form
00960 Application for Payment
ADDITIONAL DOCUMENTS
Attachment A DRAWING INDEX
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SECTION 00500
CONSTRUCTION WORK ORDER AGREEMENT FORMS
00525 Work Order, Notice of Award & Bid Schedule
00530 Work Order Notice to Proceed
RFP 9741 Electrical Contractor for City of Fort Collins Light & Power Page 32 of 122
SECTION 00525
WORK ORDER, NOTICE OF AWARD AND BID SCHEDULE
TO: Company Name
WORK ORDER NUMBER: PM's Tracking #
PROJECT TITLE:
ORIGINAL BID/RFP NUMBER & NAME:
MASTER AGREEMENT EFFECTIVE DATE: Original Contract Date
ARCHITECT/ENGINEER: If using a 3rd party architect/engineer or can
be City PM/Engineer
OWNER’S REPRESENTATIVE: City PM
WORK ORDER COMMENCEMENT DATE:
MAXIMUM FEE: (time and reimbursable direct costs):
NOTICE OF AWARD DATE: Date of this Document
OWNER: City of Fort Collins (hereinafter referred to as OWNER)
1. WORK. Pursuant to your MASTER AGREEMENT with OWNER dated Original
Contract Date, and your Work Order Proposal dated Date of Quote, you have been
awarded a Work Order for Project Title.
PROJECT DESCRIPTION & SITE LOCATION:
2. CONTRACT PRICE, BONDS AND CERTIFICATES. The price of your Work Order is
Written Dollar Amount ($Numerical Dollar Amount). Pursuant to the AGREEMENT and
the Work Order Documents, Performance and Payment Bonds and insurance are
required.
3. CONTRACT TIMES. Pursuant to the MASTER AGREEMENT and the Work Order
Documents, the date for Substantial Completion of this Work Order is Date, and after
Substantial Completion, the date for Final Completion is Date.
4. LIQUIDATED DAMAGES. OWNER and CONTRACTOR recognize that time is of the
essence of this Work Order 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 CONTRACTOR agree that as liquidated
damages for delay (but not as penalty) CONTACTOR shall pay OWNER the amounts
set forth hereafter.
1) Substantial Completion: Written Dollar Amount ($Numerical Dollar Amount) for
each calendar day or fraction thereof after Date until the work is Substantially
Complete.
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2) Final Acceptance: After Substantial Completion, Written Dollar Amount
($Numerical Dollar Amount) for each calendar day or fraction thereof after XX
number of calendar days until the Work is ready for Final Payment and
Acceptance.
5. PAYMENT PROCEDURES. CONTRACTOR shall submit Applications for Payment in
accordance with Article 14 of the General Conditions. Applications for Payment will be
processed by OWNER.
PROGRESS PAYMENTS. OWNER shall make progress payments on account of the
Contract Price on the basis of CONTRACTOR's Application for Payment, 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.
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 OWNER may
withhold, in accordance with paragraph 14.7 of the General Conditions. If, in the sole
discretion of Owner, Owner determines that the character and progress of the Work
have been satisfactory to OWNER, 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.
Upon Substantial Completion payment will be made in an amount sufficient, if necessary, to
increase total payments to CONTRACTOR to 95% of the Contract Price, less such amounts
as OWNER may withhold in accordance with paragraph 14.7 of the General Conditions or
as provided by law.
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 provided
in said paragraph 14.13.
6. EXECUTION. Work Order Documents must be executed in DocuSign within fifteen (15)
calendar days of the date of this Notice of Award. Contractor shall attach Payment and
Performance Bonds and Certificate of Insurance(COI) to the Work Order Documents in
DocuSign. In addition, one original set of executed Bonds and COI shall be provided to
the Buyer.
Failure to comply with these conditions within the time specified will entitle OWNER to
consider your Work Order Proposal abandoned and to annul this Work Order & Notice of
Award.
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CONTRACTOR’S NOTICE OF AWARD REPRESENTATION & EXECUTION:
CONTRACTOR agrees to perform the services identified above, in accordance with the terms
and conditions contained herein, the MASTER AGREEMENT, and the NOTICE OF AWARD
between the parties. In the event of a conflict between or ambiguity in the terms of the MASTER
AGREEMENT or specific Work Orders, the MASTER AGREEMENT shall control.
Pricing stated on this Work Order shall be consistent with the pricing in the Master Agreement or
subsequent renewals as of the Work Order commencement date and will be held firm through
completion of this Work Order.
CONTRACTOR: Company Name
By: Date:
Name: Title:
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OWNER’S ACCEPTANCE & EXECUTION:
This Work Order and the attached Documents are hereby accepted and incorporated herein by
this reference.
ACCEPTANCE: Date:
Name, Project Manager
REVIEWED: Date:
Name, Buyer or Senior Buyer
REVIEWED: Date:
, Purchasing Manager
APPROVED AS TO FORM: Date:
Name,City Attorney's Title
(if greater than $1,000,000)
ACCEPTANCE: Date:
Name, Title
ACCEPTANCE: Date:
Name, Title
ACCEPTANCE: Date:
Kendal Minor, Utilities Executive Director
(if greater than $1,000,000)
ACCEPTANCE: Date:
Gerry Paul, Purchasing Director
(if greater than $60,000)
ACCEPTANCE: Date:
Kelly DiMartino, City Manager
(if greater than $1,000,000)
ATTEST: Date:
City Clerk
(if greater than $1,000,000)
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BID SCHEDULE
Insert Work Order Quote/Proposal Here
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SECTION 00530
WORK ORDER NOTICE TO PROCEED
NOTICE TO PROCEED DATE:
WORK ORDER TITLE:
WORK ORDER NUMBER:
TO:
Attn:
This notice is to advise you:
That the Work Order and all amendments and supplements to the Work Order Documents
covering the above described Work have been fully executed by the CONTRACTOR and the
OWNER. That the required CONTRACTOR's Performance and Payment Bonds and insurance
have been received by the OWNER. That the OWNER has approved the said Work Order and
Work Order Documents.
Therefore, as the 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
ACKNOWLEDGMENT OF NOTICE
Receipt of the above Work Order Notice to Proceed is hereby acknowledged this Day day of
Month, Year.
(CONTRACTOR)
By: ___________________________________________
Name, Title
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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 (CONTRACTOR)
00651 Lien Waiver Release (SUBCONTRACTOR/SUBCONSULTANT)
00660 Consent of Surety
00670 Application for Exemption Certificate
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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 Master Agreement with the OWNER, dated the Day day of Month, Year, 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 Project Title, Work Order Number PM's Tracking #, dated Work Order
Date, 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 Master
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 Master
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 Master
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 Master
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.
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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 Work Order. If CONTRACTOR is
Partnership, all partners should execute Bond.
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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 Master Agreement with the OWNER, dated the Day day of Month, Year, 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 Project Title, Work Order Number PM's Tracking #, dated Work Order
Date, 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/subconsultants, and corporations furnishing materials for or performing labor in
the prosecution of the Work provided for in such Work Order and Master 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/subconsultant 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 Master
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 Master
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.
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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 Work Order. If CONTRACTOR is
Partnership, all partners should execute Bond.
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SECTION 00630
CERTIFICATE OF INSURANCE
CONTRACTOR shall submit Certificate of Insurance in compliance with the Work Order
Documents.
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SECTION 00635
CERTIFICATE OF SUBSTANTIAL COMPLETION
TO: CITY OF FORT COLLINS (OWNER) PROJECT TITLE:
DATE OF SUBSTANTIAL COMPLETION: LOCATION: Fort Collins, Colorado
OWNER: City of Fort Collins
PROJECT OR SPECIFIED PART SHALL CONTRACTOR:
INCLUDE:
WORK ORDER DATE:
The Work performed under this Work Order, pursuant to the Work Order Documents, has been
inspected by authorized representatives of the OWNER, 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
CONTRACTOR to complete all the Work in accordance with the Work Order Documents.
_____________________________ By: __________________________ ________
PROJECT MANAGER AUTHORIZED REPRESENTATIVE DATE
The 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: __________________________ ________
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 Work Order Documents shall be as set forth under "Remarks" below.
CITY OF FORT COLLINS ________ By: __________________________ ________
OWNER AUTHORIZED REPRESENTATIVE DATE
REMARKS: _________________________________________________________________
____________________________________________________________________________
____________________________________________________________________________
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SECTION 00640
CERTIFICATE OF FINAL ACCEPTANCE
DATE:
TO:
You are hereby notified that on the Day day of Month, Year, the City of Fort Collins, Colorado,
has accepted the Work completed by Contractor Company Name, for the City of Fort Collins Work
Order, titled Project Title, Work Order Number PM's Tracking #.
Your continuing obligations and guarantees for the Project will be as provided in the Work Order
and Work Order Documents.
Sincerely,
City of Fort Collins
OWNER
By: ___________________________________________
___________________________________________
Name, Title
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SECTION 00650
LIEN WAIVER RELEASE
(CONTRACTOR)
TO: City of Fort Collins, Colorado (OWNER)
FROM: Company Name (CONTRACTOR)
WORK ORDER TITLE:
WORK ORDER NUMBER:
1. The CONTRACTOR acknowledges having received payment, except retainage from the
OWNER for all work, labor, skill, and material furnished, delivered and performed by the
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 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 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 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 CONTRACTOR or its agents,
employees, and servants, or by and through the CONTRACTOR by various
subcontractors/subconsultants 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 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
CONTRACTOR's subcontractors/subconsultants, 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 attorney’s 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.
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Signed this ______ day of __________, ___.
CONTRACTOR: Company Name
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
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SECTION 00650
LIEN WAIVER RELEASE
(SUBCONTRACTOR/SUBCONSULTANT)
TO: City of Fort Collins, Colorado (OWNER)
FROM: Company Name (CONTRACTOR)
WORK ORDER TITLE:
WORK ORDER NUMBER:
1. The subcontractor/subconsultant acknowledges having received payment from the
CONTRACTOR for all work, labor, skill, and material furnished, delivered and performed by
the subcontractor/subconsultant for the CONTRACTOR 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 subcontractor/subconsultant
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 subcontractor/subconsultant 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 CONTRACTOR or its officers, agents, employees or assigns,
against the project or against all land and the buildings on and appurtenances to the land
improved by the project.
3. The subcontractor/subconsultant 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
subcontractor/subconsultant or its agents, employees, and servants, or by and through the
subcontractor/subconsultant by various sub-subcontractors/subconsultants 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 against the CONTRACTOR or its officers, agents, employees
or assigns arising out of the project.
4. The subcontractor/subconsultant agrees to defend and hold harmless the CONTRACTOR,
the lender, if any, and the Surety on the project against and from any claim hereinafter made
by the subcontractor/subconsultant's sub-subcontractors/subconsultants, materialmen,
employees, servants, agents or assigns against the project or against the CONTRACTOR
or OWNER, lender or Surety or their officers, employees, agents or assigns arising out of
the project for all loss, damage and costs, including reasonable attorney’s 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 CONTRACTOR, OWNER, the lender, if any, and Surety on any
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labor and material bonds for the project.
Signed this ______ day of _________, ___.
SUBCONTRACTOR/SUBCONSULTANT:
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
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SECTION 00660
CONSENT OF SURETY
TO: City of Fort Collins, Colorado (hereinafter referred to as the "OWNER")
CONTRACTOR: Company Name
TITLE:
WORK ORDER NUMBER:
WORK ORDER DATE:
In accordance with the provisions of the Work Order and Master Agreement between the OWNER
and the CONTRACTOR as indicated above, for the Work Order titled Work Order Project Title on
bond of , (Surety)
_______________________________________ hereby approves of the Final Payment to the
CONTRACTOR, and agrees that Final Payment to the 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.
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SECTION 00670
APPLICATION FOR EXEMPTION CERTIFICATE
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SECTION 00800
SUPPLEMENTARY CONDITIONS
Conditions of the Contract
These Supplementary Conditions amend or supplement 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-1.38 Definitions
A. Add the following language to the conclusion of paragraph 1.38 of the General Conditions:
Substantial Completion. .... Substantial Completion is further defined as that
degree of completion of the operating facilities or systems of the Project
defined in the Work Order sufficient to provide the OWNER the full time,
uninterrupted, continuous, beneficial operation of the modifications, and all
inspections required have been completed and identified conditions corrected.
SC-1.43 Work Order
A. Add the following new paragraph immediately after paragraph 1.43 of the General
Conditions:
1.43 Work Order--A written document executed by OWNER and
CONTRACTOR that provides for the construction of a portion of the Work,
pursuant to the Agreement and all as required by the Contract Documents, and
that becomes a Contract Document when executed.
SC-2.8 Preliminary Matters
A. Delete paragraph 2.8 of the General Conditions entirely and replace it with the
following paragraph:
Preconstruction Conference. Within ten days after the Contract Times for a
Work Order start to run, but before any Work at the site is started, a conference
attended by CONTRACTOR, ENGINEER and others as appropriate will be
held to establish a working relationship among the parties as to the Work and
to discuss the schedules referred to in paragraph 2.6, procedures for handling
Shop Drawings and other submittals, processing Applications for Payment,
and maintaining required records.
SC-2.10 Work Order
A. Add the following new paragraph immediately after paragraph 2.9 of the General
Conditions:
2.10 Work Order Required for All Work. References to the Agreement in this
Article 2 and in the General and Supplementary Conditions and Contract
Documents notwithstanding, no Work shall be initiated or performed until
CONTRACTOR has received a signed and executed Work Order,
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incorporating the Notice to Proceed, from OWNER; and no provision of this
Article 2 or of the General and Supplementary Conditions and Contract
Documents shall permit or require any action of CONTRACTOR in the absence
of a signed and executed Work Order. All provisions of this Article 2 and of
the General and Supplementary Conditions and Contract Documents
referencing the Agreement or other parts of the Contract Documents, or
permitting or requiring any action of CONTRACTOR, shall be read as
referencing and, as appropriate, requiring a signed and executed Work Order.
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:
[Report Title, Report #, Author, Date]
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.
B. 4.2.1.2.1 No drawing of physical conditions in or relating to existing surface or
subsurface structures (except Underground Facilities referred to in Paragraph
4.3) which are at or contiguous to the site have been utilized by the Engineer in
preparation of the Contract Documents, except the following:
[Report Title, Report #, Author, Date]
SC-5.4.7 Additional Insureds. Include the following parties or entities as additional insureds,
as provided in paragraph 5.4.7 of the General Conditions:
5.4.7.1 City of Fort Collins, PO Box 580, Fort Collins, Colorado 80522
5.4.7.2 [Other Party Name, Address, City, State, Zip]
SC-5.4.8 Limits of Liability
A. Add the following language at the end of paragraph 5.4.8.
The limits of liability for the insurance required by the paragraph numbers of the
General Conditions listed below are as follows:
5.4.1 and 5.4.2
Coverage A - Statutory Limits
Coverage B - $100,000/$100,000/$500,000
5.4.3 and 5.4.5 Commercial General Liability policy will have limits of
$1,000,000 combined single limits (CSL). This policy will include coverage for
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Explosion, Collapse, and Underground coverage unless waived by the
Owner.
5.4.6 The Comprehensive Automobile Liability Insurance policy will have
limits of $1,000,000 combined single limits (CSL).
5.4.9 This policy will include completed operations coverage/product liability
coverage with limits of $1,000,000 combined single limits (CSL).
SC-6.14.3 Contractors Responsibilities
A. Add the following new paragraph immediately after paragraph 6.14.2 of the
General Conditions:
6.14.3. The following Laws or Regulations are included in the Contract
Documents as mandated by statute or for the convenience of the
CONTRACTOR. Other Laws and Regulations apply which are not
included herein, and are within the CONTRACTOR's duty and
responsibility for compliance thereto:
6.14.3.1 Notice to owners of Underground Facilities is required prior to
excavations in the vicinity of such facilities.
6.14.3.2 Unless otherwise decided by reason of the amount of the
Contract Price involved, or other good reason, before or at the
time that the contract is awarded to a corporation outside the
State of Colorado, such corporation must carry out the proper
procedure to become authorized to do business in the State
of Colorado, designate a place of business therein, and
appoint an agent for service of process.
Such corporation must furnish the OWNER with a certificate
from the Secretary of State of Colorado has been issued by
its office and there shall also be procured from the Colorado
Secretary of State of photostatic or certified copy of the
designated of place of business and appointment of agent for
service of process, or a letter from the Colorado Secretary of
State that such designation of place of business and agent for
service of process have been made.
6.14.3.3 The CONTRACTOR must conform to the rules and
regulations of the Industrial Commission of Colorado.
Particular reference is made to rules and regulations
governing excavation Work adopted by the Industrial
Commission of Colorado.
SC-8.10 OWNER’s Project Manager
A. Add the following language to ARTICLE 8:
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8.10. The OWNER will provide a Project Manager. The CONTRACTOR
shall direct all questions concerning Contract interpretation,
Change Orders, and other requests for clarification or instruction to
the Project Manager.
8.10.1 Authority: The Project Manager will be the OWNER's
representative during the construction of the project. The Project
Manager shall have the authority set forth in the OWNER's Capital
Project Procedures Manual. The Project Manager shall have the
authority to reject work and materials whenever such rejection may
be necessary to ensure the proper performance of the Work in
accordance with the Contract Documents.
8.10.2 Duties and Responsibilities: The Project Manager will make
periodic visits to the project site to observe the progress and quality
of the Work and to determine, in general, if the Work is proceeding
in accordance with the Contract Documents. The Project Manager
shall not be required to make comprehensive or continuous
inspections to check the progress or quality of the Work. The
Project Manager shall not be responsible for construction means,
methods, techniques, sequences, or procedures, or for safety
precautions or programs in connection with the Work, or for any
failure of the Contractor to comply with laws and regulation
applicable to the performance or furnishing of the Work. Visits and
observations made by the Project Manager shall not relieve the
CONTRACTOR of his obligation to conduct comprehensive
inspections of the Work, to furnish materials and perform
acceptable Work, and to provide adequate safety precautions in
conformance with the Contract Documents. The Project Manager
shall at all times have access to the Work. The CONTRACTOR
shall provide facilities for such access so the Project Manager may
perform his or her functions under the Contract Documents.
8.10.3 One or more Resident Construction Inspector(s) (RCI) may be
assigned to assist the Project Manager in providing observation of
the Work, to determine whether or not the Work is proceeding
according to the construction documents. CONTRACTOR will
receive written notification from the OWNER of any RCI
assignments. The RCI shall not supervise, direct or have control or
authority over, nor be responsible for, CONTRACTOR's means,
methods, techniques, sequences or procedures of construction or
the safety precautions and programs incident thereto, or for any
failure of CONTRACTOR to comply with Laws and Regulations
applicable to the furnishing or performance of the Work. The RCI
will not be responsible for CONTRACTOR's failure to perform or
furnish the Work in accordance with the Contract Documents. The
RCI's dealings in matters pertaining to the on-site work will be to
keep the Project Manager properly apprised about such matters.
8.10.4 Communications: All instructions, approvals, and decisions of the
Project Manager shall be in writing. The CONTRACTOR may not
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rely on instructions, approvals, or decisions of the Project Manager
until the same are reduced to writing.
SC-11.6.2 Change of Contract Price
A. Add the following new paragraph to paragraph 11.6.2 of the General Conditions:
11.6.2.7. Cost of the Work. Allowances for profit, overhead and mark-up
prescribed by Article 4 of the Agreement shall be used in lieu of any
CONTRACTOR'S fee, overhead, profit or mark-up allowances as
prescribed in paragraphs 11.6.2.1, 11.6.2.2, and 11.6.2.3.
SC-12.3 Add the following language to the end of paragraph 12.3.
Contractor will include in the project schedule ( ) days lost due to
abnormal weather conditions.
SC-13.12 Correction Period:
13.12.1 If within one year after the date of Substantial Completion or such longer
period of time as may be prescribed by Laws or Regulations or by the terms
of any applicable special guarantee required by the Contract Documents
or by any specific provision of the Contract Documents, and Work is found
to be defective, CONTRACTOR shall promptly, without cost to OWNER
and in accordance with OWNER’s written instructions . . .
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SECTION 00900
ADDENDA, MODIFICATIONS AND PAYMENT
00950 Change Order
00960 Application for Payment
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SECTION 00950
CHANGE ORDER NO.
PROJECT TITLE:
CONTRACTOR: [Contractor]
WORK ORDER NUMBER:
PO NUMBER:
DESCRIPTION:
1. Reason for Change: Why is the change required?
2. Description of Change: Provide description of the changes to the Work
3. Change in Work Order Price:
4. Change in Work Order Time:
ORIGINAL WORK ORDER PRICE $ .00
TOTAL APPROVED CHANGE ORDER .00
TOTAL PENDING CHANGE ORDER .00
TOTAL THIS CHANGE ORDER .00
TOTAL % OF THIS CHANGE ORDER %
TOTAL C.O.% OF ORIGINAL WORK ORDER %
ADJUSTED WORK ORDER COST $ .00
CONTRACTOR: Company Name
By: Date:
Name: Title:
ACCEPTED: Date:
City PM Name, Title
REVIEWED: Date:
Name, Buyer or Senior Buyer
ACCEPTED: Date:
Name, Title
ACCEPTED: Date:
Gerry Paul, Purchasing Director
(if greater than $60,000)
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SECTION 00960
APPLICATION FOR PAYMENT
PROJECT Page 1 of 1
OWNER:
ENGINEERS:
ADDRESS:
NUMBER DATE AMOUNT
-$
-$
-$
NUMBER DATE AMOUNT FUND OBJECT
Amount Due this Pay Application (before retainage):
-$
-$
0.00%
Payment of the above Amount Due This Application ha s been reviewed by the OWNER'S Project Manager.
BY:DATE:DATE:
NAME & TITLE:
BY:DATE:
NAME & TITLE:Official Purchasing Form
Last updated 10/2017
Net Change by Change Order:
Change order %:
Original Contract Amount
Net Change by Change Order
Revised Current Contract Amount
Total Work Completed to Date:
Total Stored to Date:
CHANGE ORDERS PAY APPLICATION
Application is made for Payment as shown below in c onnection with the Contract.
The present status of the account for this Contract is as follows:
CONTRACTOR:
-$
-$
RETAINAGE
Charge Numbers-$
-$
-$
Less Previous Payments:
Total Completed and Stored Materials to Date:
Less Retainage
-$
-$
-$
AMOUNT DUE THIS APPLICATION: -$
The above Amount Due this Application is requested by the CONTRACTOR's Project Manager.
BY:
PO NUMBER
ADDRESS: ADDRESS:
APPLICATION NUMBER
APPLICATION DATE
PERIOD BEGINNING
PERIOD ENDING
PROJECT NUMBER
Retainage to Date:
NAME & TITLE:
Total (after retainage):
Payment of the above Amount Due This Application is approved by the OWNER.
The undersigned CONTRACTOR certifies that all oblig ations of CONTRACTOR incurred in connection with th e WORK have been satisfied as required in paragraph 14.3 of the General Conditions of the Contract.
CERTIFICATION
BU
SCOPE OF WORK CHANGE ORDERS
RECONCILIATION CHANGE ORDERS
INVOICE NUMBER
Total Change Order Work to Date:
-$
-$
Retainage Previous:
Change in Retainage:
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Unit Price Total Quanitity Total Quantity Total Quantity T otal
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
-$
-$
-$
-$
-$
0.00%
-$ -$ -$ -$ -$ 0.00%
Official Purchasing Form
Last Updated 10/2017
Total to Date Less Retention
Change Orders to Date (see attached)
-$
-$
CONTRACT SUMMARY
Total Due
Adjusted Contract Amount
-$
Total Change Order Work to Date (see attached)
Value of Work in Place
Percent Complete Including Stored Materials
Less Retention @ 10% up to 50% complete, 5% beyond 50% of Adjusted Contract
Crosscheck
Total Completed to Date
Total Materials Remaining @ Site
-$
-$
-$
Original Contract Amount
Less Previous Billings -$
-$
-$
-$
-$
-$
Combined
Total Completed to Date
Total Contract Amount
Total This Period
Previous Billings
Balance Remaining
Percent Complete
PAY REQUEST
Item # Description Quantity Cost
Remaining
Percent
CompleteUOMContract Summary This Period Previous Total to Date
Period Ending:
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ATTACHMENT A
DRAWING INDEX
WORK ORDER #
WORK ORDER TITLE
BY: Company Name who last revised the drawings
Sheet Title Drawing Revision
Date
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EXHIBIT
CHANGE ORDER
NO.
PROJECT TITLE:
SERVICE PROVIDER: Company Name
WORK ORDER NUMBER:
PO NUMBER:
DESCRIPTION:
1. Reason for Change: Why is the change required?
2. Description of Change: Provide details of the changes to the Work
3. Change in Work Order Price:
4. Change in Work Order Time:
ORIGINAL WORK ORDER PRICE $ .00
TOTAL APPROVED CHANGE ORDER .00
TOTAL PENDING CHANGE ORDER .00
TOTAL THIS CHANGE ORDER .00
TOTAL % OF THIS CHANGE ORDER %
TOTAL C.O.% OF ORIGINAL WORK ORDER %
ADJUSTED WORK ORDER COST $ .00
SERVICE PROVIDER: Company Name
By: Date:
Name: Title:
ACCEPTANCE: Date:
Name, Project Manager
REVIEWED: Date:
Name, Buyer or Senior Buyer
ACCEPTANCE: Date:
Name, Title
ACCEPTANCE: Date:
Gerry Paul, Purchasing Director (if greater than $60,000)
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EXHIBIT
GENERAL SCOPE OF SERVICES
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EXHIBIT
BID SCHEDULE/ COMPENSATION
The following pricing shall remain fixed for the initial term of this Agreement. Any applicable
price adjustments may only be negotiated and agreed to in writing at the time of renewal.
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EXHIBIT
INSURANCE REQUIREMENTS
The Service Provider 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
Service Provider shall furnish the City with certificates of insurance showing the type, amount,
class of operations covered, effective dates and date of expiration of policies.
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 Service Provider, 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 Service Provider under this Agreement.
Insurance certificates should show the certificate holder as follows:
City of Fort Collins
Purchasing Division
PO Box 580
Fort Collins, CO 80522
The City, its officers, agents and employees shall be named as additional insureds on the Service
Provider 's general liability and automobile liability insurance policies by marking the appropriate
box or adding a statement to this effect on the certificate, for any claims arising out of work
performed under this Agreement.
Insurance coverages shall be as follows:
A. Workers' Compensation & Employer's Liability. The Service Provider shall maintain during
the life of this Agreement for all of the Service Provider's employees engaged in work
performed under this agreement. Workers' Compensation & Employer’s Liability insurance
shall conform with statutory limits of $100,000 per accident, $500,000 disease aggregate,
and $100,000 disease each employee, or as required by Colorado law.
B. General Liability. The Service Provider shall maintain during the life of this Agreement
such General Liability 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 General
Liability, shall not be less than $1,000,000 combined single limits for bodily injury and
property damage.
C. Automobile Liability. The Service Provider shall maintain during the life of this Agreement
such 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 Automobile Liability, 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/subconsultant, the Service Provider shall
be responsible for any liability directly or indirectly arising out of the work performed under this
Agreement by a subcontractor/subconsultant, which liability is not covered by the
subcontractor/subconsultant's insurance.
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Provide the number of injuries and illnesses recorded (OSHA 300 log or equivalent) in the previous 3
years:
Calendar Year Year: Year: Year:
Number of Fatalities
Number of OSHA recordable cases
Number of OSHA modified duty cases
Number of OSHA lost time cases
OSHA Total Recordable Incident Rate (TRIR)
Number of recordable cases x 200,000
Number of hours worked
OSHA DART Rate (Days Away Restricted or
Transferred)
Number of DART cases x 200,000
Number of hours worked
Average number of employees on payroll
Have any OSHA citations been issued to your company in the past 3 years?
Y ☐ N ☐
If yes, list the citations and for each, provide the type of violation, an explanation for the citation, the
penalty issued, and describe the corrective action taken by the Company. Limit your response to
projects that have occurred in the Rocky Mountain region. Use additional pages if needed.
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EXHIBIT
CONFIDENTIALITY
IN CONNECTION WITH SERVICES provided to the City of Fort Collins (the “City”) pursuant to
this Agreement (the “Agreement”), the Service Provider hereby acknowledges that it has been
informed that the City has established policies and procedures with regard to the handling of
confidential information and other sensitive materials.
In consideration of access to certain information, data and material (hereinafter individually and
collectively, regardless of nature, referred to as “information”) that are the property of and/or relate
to the City or its employees, customers or suppliers, which access is related to the performance
of services that the Service Provider has agreed to perform, the Service Provider hereby
acknowledges and agrees as follows:
That information that has or will come into its possession or knowledge in connection with the
performance of services for the City may be confidential and/or proprietary. The Service Provider
agrees to treat as confidential (a) all information that is owned by the City, or that relates to the
business of the City, or that is used by the City in carrying on business, and (b) all information
that is proprietary to a third party (including but not limited to customers and suppliers of the City).
The Service Provider shall not disclose any such information to any person not having a legitimate
need-to-know for purposes authorized by the City. Further, the Service Provider shall not use
such information to obtain any economic or other benefit for itself, or any third party, except as
specifically authorized by the City.
The foregoing to the contrary notwithstanding, the Service Provider understands that it shall have
no obligation under this Agreement with respect to information and material that (a) becomes
generally known to the public by publication or some means other than a breach of duty of this
Agreement, or (b) is required by law, regulation or court order to be disclosed, provided that the
request for such disclosure is proper and the disclosure does not exceed that which is required.
In the event of any disclosure under (b) above, the Service Provider shall furnish a copy of this
Agreement to anyone to whom it is required to make such disclosure and shall promptly advise
the City in writing of each such disclosure.
In the event that the Service Provider ceases to perform services for the City, or the City so
requests for any reason, the Service Provider shall promptly return to the City any and all
information described hereinabove, including all copies, notes and/or summaries (handwritten or
mechanically produced) thereof, in its possession or control or as to which it otherwise has
access.
The Service Provider understands and agrees that the City’s remedies at law for a breach of the
Service Provider’s obligations under this Confidentiality Agreement may be inadequate and that
the City shall, in the event of any such breach, be entitled to seek equitable relief (including without
limitation preliminary and permanent injunctive relief and specific performance) in addition to all
other remedies provided hereunder or available at law.
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EXHIBIT
SECTION 00700
GENERAL CONDITIONS
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