HomeMy WebLinkAboutBID - 9922 Water Meter Box Installation
Bid 9922 Water Meter Box Installation Page 1 of 134
BID INFORMATION
AND
CONTRACT DOCUMENTS
FOR
WATER METER BOX INSTALLATION
BID NO. 9922
March 4, 2024
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
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CONTRACT DOCUMENTS TABLE OF CONTENTS
BID INFORMATION
00020 Invitation to Bid
00050 Scope of Work
00100 General Information
00300 Bid Form
00400 Supplements to Bid Forms
00410 Bid Bond
00420 Statements of Bidders Qualifications
00430 Schedule of Subcontractors
00440 Safety Form
CONTRACT DOCUMENTS
00500 Contract Forms
00510 Notice of Award
00520 Contract
00530 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 and Completion
00650 Lien Waiver Release (CONTRACTOR)
00660 Consent of Surety
00670 Application for Exemption Certificate
CONDITIONS OF THE CONTRACT
00700 General Conditions
00800 Supplementary Conditions
00900 Addenda, Modifications, and Payment
00950 Contract Change Order
00955 Work Change Directive
00960 Application for Payment
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SECTION 00020
INVITATION TO BID
BID DUE: 3:00 PM MT (MT RMEPS clock), March 21, 2024
As part of the City’s commitment to sustainability, sealed Bids must be submitted online
through the Rocky Mountain E-Purchasing System (RMEPS) at
http://bidnetdirect.com/colorado/city-of-fort-collins.
A pre-bid conference with representatives of prospective Bidders will be held at 11:00 AM
MT on March 8, 2024, at the Utility Service Center 700 Wood Street, Fort Collins, CO 80524.
Select or copy/paste the below link into your browser for access to the Microsoft Teams meeting.
https://teams.microsoft.com/l/meetup-
join/19%3ameeting_OWEyODI0NDgtNGI0Zi00ZTQzLWE2NzEtMzJkZDRiOThlMmY5%40threa
d.v2/0?context=%7b%22Tid%22%3a%2247fa2f5f-0d0a-4a68-b431-
6d1a27b66660%22%2c%22Oid%22%3a%223c82d845-f14c-4a9f-af77-74ef6a28947e%22%7d
Public Bid Opening: The Bid Opening will be conducted by video conference per the following
information. At said place and time, and promptly thereafter, all Bids that have been duly received
will be publicly opened and read aloud. To access the public Bid opening, please follow the link
to join the Teams meeting:
https://teams.microsoft.com/l/meetup-
join/19%3ameeting_NDQ5ZmZmMTQtNTMzNi00Y2UzLThiY2ItNTkwYmI2ZTY1ODcy%40threa
d.v2/0?context=%7b%22Tid%22%3a%2247fa2f5f-0d0a-4a68-b431-
6d1a27b66660%22%2c%22Oid%22%3a%223c82d845-f14c-4a9f-af77-74ef6a28947e%22%7d
All 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 March 12, 2024.
Please format your e-mail to include 9922 Water Meter Box Installation 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.
The Contract Documents and Construction Drawings may be examined online at:
http://www.bidnetdirect.com/colorado/city-of-fort-collins
Bid Bond in the amount of not less than 5% of the total Bid must accompany each Bid in the form
specified in the Instructions to Bidders.
The successful Bidder will be required to furnish a Performance Bond and a Payment Bond
guaranteeing faithful performance and the payment of all bills and obligations arising from the
performance of the Contract.
No Bid may be withdrawn within a period of ninety (90) days after the date fixed for opening Bids.
The City reserves the right to reject any and all Bids, and to waive any informalities and
irregularities therein.
Prohibition of Unlawful Discrimination: The City, in accordance with the provisions of Title VI
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of the Civil Rights Act of 1964 (78 Stat. 252, 42 US.C. §§ 2000d to 2000d-4) and the Regulations,
affirmatively ensures that for all contracts entered into with the City, disadvantaged business
enterprises are afforded a full and fair opportunity to bid on the contract and are not to be
discriminated against on the grounds of race, color, or national origin in consideration for an
award.
The Bidder acknowledges that the City, 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); Section §§24-34-401, et seq.,
C.R.S., and any associated State or Federal laws and regulations, 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 forty (40) years or older,
marital status, disability, sexual orientation, genetic information, or other characteristics protected
by law. Pursuant to City 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 the employee has been discriminated against in violation
of the above policy or participating in an employment discrimination proceeding.
The City requires the Bidder 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 subcontractors/subconsultants at every tier.
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 the officer or employee exercises directly or indirectly any
decision-making authority concerning the 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.
Contractor Registration: The City requires new Contractors receiving awards from the City to
submit IRS form W-9 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 bid.
Colorado Open Records Act: The City is a governmental entity subject to the Colorado Open
Records Act, C.R.S. §§ 24-72-200.1 et seq. (“CORA”). Any Bid submitted hereunder is subject
to public disclosure by the City pursuant to CORA and City ordinances. All submitted provisions
and pricing of Bids, Bid Forms, and the awarded CONTRACT will be, without redaction,
considered public records subject to disclosure under CORA. By responding to this Bid,
Bidder hereby waives any and all claims against the City relating to CORA.
Collusive or Sham Bid: Any Bid deemed to be collusive or a sham Bid will be rejected and
reported to authorities. Bidder’s authorized signature on its Bid assures that the Bid is genuine
and is not a collusive or sham Bid.
Bids must be furnished exclusive of any federal excise tax, wherever applicable.
The City may elect where applicable, to award bids on an individual item/group basis or on a
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total bid basis, whichever is most beneficial to the City. The City reserves the right to accept or
reject any and all bids, and to waive any irregularities or informalities.
Freight terms: unless otherwise noted, all freight is F.O.B. Destination, Freight Prepaid. All
freight charges must be included in submitted prices.
City of Fort Collins
Gerry Paul
Purchasing Director
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SECTION 00050
SCOPE OF WORK
The City of Fort Collins is requesting bids from firms for furnishing all labor, equipment and
materials necessary to perform all work, in accordance with the plans, specifications and other
documents for the installation or replacement of standard meter boxes or meter pits to be added
to existing water services lines at various locations throughout the City.
1. MATERIALS
The City of Fort Collins will furnish all meters, meter setters, idlers, connection couplings,
meter box, cast iron recessed lid with worm lock, rubber of plastic inner lid, and all type “K”
copper pipe as necessary to complete the installation at no cost to the Service Provider. All
other material shall be furnished by the Service Provider in accordance with the City of Fort
Collins current Development Construction Standards.
2. INSTALLATION/REPAIR
The Service Provider shall install all piping, fittings, meter box complete, meter setter and
meter. Where Service Provider encounters galvanized service pipe, the Service Provider
shall notify the customer and inform the City Project Manager. All work shall comply with
drawings 16-B, 11, 15 (Service Line for Duplex), 16-A, and 15 (Standard Exterior Setting)
located at https://www.fcgov.com/utilities/business/builders-and-developers/development-
forms-guidelines-regulations/water-meter-installations-for-new-construction in the Water
Meter Specification Drawings section.
The Service Provider will be responsible for removing all landscaping, asphalt, concrete,
etc., to facilitate the installation.
The Service Provider will be responsible for backfilling the excavated area, compaction of all
excavated holes and trenches, and restoration of all disturbed landscaping to original, or
better, condition. Compaction will be warranted by the Service Provider through the contract
specified warranty period. Any settling or trench failure will be corrected within twenty-four
(24) hours. Damage to any surface supported by a failed trench will be repaired at the
Service Provider’s expense.
If concrete removal is necessary to complete the meter box installation, the Service Provider
will subsequently repair the affected area. If the permanent repairs cannot be completed
within seventy-two (72) hours, then an approved temporary cold patch sufficient to support
light vehicular and foot traffic will be required until permanent repairs are made. If concrete
removal is within a section of concrete, the concrete shall be replaced from seam to seam.
It is the Water Utilities’ preference that excavation and backfill for meter box installations be
performed by hand. However, the use of machinery is acceptable provided that any area
affected by machinery is restored to original, or better, condition.
It is the Service Provider’s responsibility to call in locates and protect existing utilities. If a
utility is damaged during Service Provider’s Work, the Service Provider shall contact the
appropriate Utility company immediately for repair. Notification to the City Project Manager
shall be provided immediately thereafter. The Service Provider shall pay all costs for such
repair.
Meter box installations shall be performed between May 1 through September 30. If meter
box installations occur during the winter months, the Service Provider will, at times, be
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required to work in somewhat less than favorable soil conditions. Should the schedule
dictate working in areas of ground frost, the Service Provider must be capable of removing
frozen soil and will be required to remove up to 10 inches of such soil to facilitate the meter
box installation at no extra charge. No frozen soil will be used for backfill. All excavated
frozen soil will be stockpiled at a designated City facility or properly disposed of by Service
Provider.
If sod replacement is not completed between May 1 through September 30 and is
postponed through the winter the Service Provider will be required to replace it under the
warranty, no later than June 1st of the following season.
If, after the meter is installed, the meter continues to run with all water turned off, the Service
Provider will assist the Water Utilities customer in discovering the leak. (Limited to a visual
inspection only – fixtures, access valves, hose bibs, etc.) The Service Provider will report
their findings to the Project Manager or Inspector and will not be responsible for repairing
any leaks that are not a direct result of work performed by Service Provider. The Service
Provider may repair a leak with authorization from the City Project Manager.
A service line entering a meter box must be within a depth of 54 to 66 inches to meet the
correct installation requirements. The Service Provider will loop the service line up or down
to meet the required installation elevations at no extra charge.
In any installation, the Service Provider will be responsible to a depth of 72 (seventy-two)
inches of excavation before any extra money is paid for the “deep hole”.
If the installation requires that an electronic location be made on the service line, the Water
Utility will provide such location, and the Service Provider will be responsible for excavation
to the required depth plus 24 (twenty-four) inches either side of the location mark.
3. INSPECTIONS
Inspections will be performed by the City of Fort Collins Water Utilities Department.
Inspection of the meter box is required before the excavated area is backfilled. The Water
Utilities Department will perform the final inspection approximately 1 (one) week after
installation.
4. 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.
5. WORK SCHEDULES
No work shall be done between 6:00 p.m. and 7:00 a.m., nor on Sunday or Legal Holidays
without permission of the homeowner/occupant, except emergency work. No service shall
be interrupted before 8:00 a.m. or after 5:00 p.m. without prior permission of the City and
homeowner/occupant.
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ALL work will be scheduled through the City of Fort Collins Water Utilities, Meter Shop. The
City estimates 130-150 meter box installations annually, but makes no guarantee as to the
number of installations from the award of this contract.
Service Provider shall respond to initial City work request within 24 hours.
Service Provider shall begin work within forty-eight (48) hours of a signed Notice to Proceed.
Completion of Work on individual meter box installations shall be within five (5) days from
commencement of work at that particular location. Service Provider shall provide emergency
or urgently requested services within 2 (two) hours of request.
6. PROTECTION OF WORK
The Service Provider shall, at their own expense:
a. Provide and maintain proper protection to all finished work, any unfinished work, and to
all material and equipment, including but not limited to that furnished to him by the City
from the time it is delivered to him during the entire progress of the work, and be
responsible for and make good any injury to same and shall protect exterior surfaces
against any defacement which would detract from their good appearance.
b. Clean up the job site at the end of each day and upon completion of the work, make
good all damage, leaving the site in a clean and orderly condition, restoring the site to
original or better condition. Haul away all debris or excess material remaining at job
completion.
7. 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.
8. SAFETY
The Service Provider shall be responsible for maintaining safe conditions in the various work
areas at all times. Barricades, warning devices, and trenching and shoring shall be installed
where required or if requested by the Project Manager. Service Provider(s) shall comply with
all engineering, safety, and operating requirements concerning installation or repair 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. Service Provider(s) shall adopt Utility's minimum safety
standards as the baseline requirements.
CONTRACTOR'S safety record will be evaluated by the evaluation team as an element of
determining whether the Contractor(s) is responsible. Contractor(s) whose safety record is
above 1.0 for Experience Modification Rating (EMR) and 5.0 for Total Recordable Incident
Rate (TRIR) will be reviewed in depth and may be deemed ineligible to be considered for an
award at the City’s sole discretion.
CONTRACTOR shall complete the attached Contractor Safety Form, Section 00440.
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9. WRITTEN ESTIMATES
This agreement also allows for the installation of water meter pits designed for 1 ½ inch and
2-inch meters (See specs detail #9) at https://www.fcgov.com/utilities/business/builders-and-
developers/development-forms-guidelines-regulations/water-meter-installations-for-new-
construction in the Water Meter Specification Drawings section. The contract in its entirety will
apply to these installations except that the Service Provider shall submit written estimates for
each pit installation on a case by case basis.
10. CUSTOMER SERVICE
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 twenty-four (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 Service Provider shall also attempt to contact the homeowner or resident at the property
immediately prior to commencing work, to explain the nature and schedule of the work to no
performed. Any interaction between the Service Provider and City of Fort Collins Water Utility
customer, concerning a meter installation, will be handled in a positive and respectful manner.
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.
Process and outcome will meet the valid expectations of both the homeowner and the Water
Utility.
11. UTILITIES
a. Service Provider is responsible for furnishing all power necessary for construction and
shall make arrangements with homeowner as to the amount of water required and time
water is needed.
b. Service Provider is responsible for furnishing and maintaining sanitary facilities at job site.
12. WASTE
The City encourages recycling waste when practical. All waste will be disposed of according
to all local, state and federal regulations. Service Providers are to provide a description of how
they propose to dispose of construction waste. Waste disposal cost shall be included in the
per unit pricing.
13. RATE SCHEDULE
In your response to this bid, please provide the following:
Complete the Bid Schedule of fully burdened labor rates and material rates to be used.
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Overhead, profit, insurance, bonds, markup, general & administrative expenses shall be
included in the line item pricing. A schedule for firm owned equipment and for any
subcontractors, if used, shall be included with the same detail.
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SECTION 00100
INSTRUCTIONS TO BIDDERS
1.0 DEFINED TERMS
Terms used in these Instructions to Bidders which are defined in the Standard General
Conditions of the Construction Contract (No. 1910-8, 1990 ed.) have the meanings
assigned to them in the General Conditions. The term "Bidder" means one who submits a
Bid to City (OWNER), as distinct from a sub-bidder, who submits a Bid to Bidder. The term
"Successful Bidder" means the lowest, qualified, responsible and responsive Bidder to
whom OWNER (on basis of OWNER's evaluation as hereinafter provided) makes an
award. The Successful Bidder becomes the CONTRACTOR once awarded and the
CONTRACT is fully executed. The term "Bidding Documents" includes the Advertisement
or Invitation to Bid, Instructions to Bidders, the Bid Form, and the proposed CONTRACT
Documents (including all Addenda issued before receipt of Bids). The term ENGINEER is
interchangeable with OWNER.
2.0 COPIES OF BIDDING DOCUMENTS
2.1. Complete sets of Bidding Documents may be obtained as stated in the Invitation to
Bid. No partial sets will be issued. The Bidding Documents may be examined at the
locations identified in the Invitation to Bid.
2.2. Complete sets of Bidding Documents shall be used in preparing Bids; neither OWNER
nor ENGINEER assumes any responsibility for errors or misinterpretations resulting
from the use of incomplete sets of Bidding Documents.
2.3. The submitted Bid shall include Sections 00300 and 00400, fully executed.
2.4. OWNER and ENGINEER, in making copies of Bidding Documents available on the
above terms, do so only for the purpose of obtaining Bids on the Work and do not
confer a license or grant for any other use.
3.0 QUALIFICATION OF BIDDERS
3.1 To demonstrate qualifications to perform the Work, each Bidder must submit at the
time of the Bid Opening, a written statement of qualifications provided in Section
00420. As applicable, Bidder must possess all required state and local licenses.
3.2. In accordance with Section 8-160 of the Code of the City of Fort Collins in determining
whether a Bidder is responsible, the following shall be considered: (1) The ability,
capacity and skill of the Bidder to perform the CONTRACT or provide the services
required, (2) whether the Bidder can perform the contract or provide the service
promptly and within the time specified without delay or interference, (3) the character,
integrity, reputation, judgment, experience and efficiency of the Bidder, (4) the quality
of the Bidder's performance of previous contracts or services, (5) the previous and
existing compliance by the Bidder with laws and ordinances relating to the contract
or service, (6) the sufficiency of the financial resources and ability of the Bidder to
perform the contract or provide the service, (7) the quality, availability and adaptability
of the materials and services to the particular use required, (8) the ability of the Bidder
to provide future maintenance and service for the use of the subject of the contract,
and (9) any other circumstances which will affect the Bidder's performance of the
contract.
3.3. Each Bidder may be required to show that any Work previously performed by the
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Bidder has no claims pending against such Work. No Bid will be accepted from a
Bidder who is engaged on any other Work which would impair its ability to perform or
finance this Work.
3.4 No Bidder shall be in default on the performance of any other contract with the City
or in the payment of any taxes, licenses or other monies due to the City.
4.0 EXAMINATION OF CONTRACT DOCUMENTS AND SITE
4.1. It is the responsibility of each Bidder, before submitting a Bid, to (a) examine the
CONTRACT Documents thoroughly, (b) familiarize itself with local conditions that
may in any manner affect cost, progress or performance of the Work, (c) familiarize
itself with federal, state and local laws, ordinances, rules and regulations that may in
any manner affect cost, progress or performance of the Work, (d) study and carefully
correlate Bidder's observations with the CONTRACT Documents, and (e) notify City
in accordance with Section 00020 of all conflicts, errors or discrepancies in the Bid
and CONTRACT Documents.
4.2. The submission of a Bid will constitute an incontrovertible representation by Bidder
that Bidder has complied with every requirement of this Article 4, that without
exception the Bid is premised upon performing and furnishing the Work required by
the CONTRACT Documents and the means, methods, techniques, sequences or
procedures of construction as may be indicated in or required by the CONTRACT
Documents, and that the CONTRACT Documents are sufficient in scope and detail
to indicate and convey understanding of all terms and conditions for performance and
furnishing of the Work.
5.0 INTERPRETATIONS AND ADDENDA.
5.1. All questions about the meaning or intent of the Bidding Documents are to be
submitted in writing to the City in accordance with Section 00020. Interpretation or
clarifications considered necessary in response to the questions will be issued only
by Addenda. Only questions answered by formal written Addenda will be binding.
Oral and other interpretations or clarifications will be without legal effect.
5.2. All questions concerning the scope of this project and submittal of Bids should be
directed to the City of Fort Collins' Purchasing Division.
5.3. Addenda may also be issued to modify the Bidding Documents as deemed advisable
by City.
5.4. Responses to all questions submitted before the deadline will be addressed in an
addendum and posted on the Rocky Mountain E-Purchasing System webpage.
6.0 BID BOND
6.1. Each Bid must be accompanied by Bid Bond in an amount no less than five (5) percent
of the Bid. The Bid Bond must be executed by a SURETY meeting the requirements
of the General Conditions for surety bonds. If a SURETY does not issue electronic
Bid Bonds, a scanned copy of the Bid Bond must be submitted electronically through
Rocky Mountain E-Purchasing System at the time of bidding, and the hard copy Bid
Bond must be mailed to the Purchasing Department at PO Box 580, Fort Collins CO
80522 and received by OWNER prior to CONTRACT execution.
6.2. If the successful Bidder fails to execute and deliver the CONTRACT and furnish the
required Payment and Performance Bonds within 15 days of the Notice of Award,
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City may annul the Notice of Award and the Bid Bond of that Bidder will be forfeited.
The Bid Bond of other Bidders whom City believes to have reasonable chance
receiving the award may be retained by City until the earlier of the seventh day after
the effective date of the CONTRACT or ninety (90) days after the Bid Opening,
whereupon Bid Bond furnished by the Bidders will be returned. Bid Bonds with Bids
which are not competitive will be returned.
7.0 CONTRACT TIME
The number of days within which, or the date by which the Work is to reach Substantial
Completion and also completed and ready for Final Payment (the CONTRACT Times) are
set forth in the CONTRACT.
8.0 LIQUIDATED DAMAGES
Provisions for liquidated damages are set forth in Section 00520.
9.0 SUBSTITUTE ("OR EQUAL") MATERIAL AND EQUIPMENT
The CONTRACT, if awarded, will be on the basis of material and equipment described on
the Drawings or specified in the Specifications without consideration of possible substitute
or "or equal" items. Whenever it is indicated on the Drawings or specified in the
Specifications that a substitute or "or equal" item of material or equipment may be
furnished or used by CONTRACTOR if acceptable to ENGINEER, application for
acceptance will not be considered by ENGINEER until after the "effective date of the
CONTRACT". The procedure for submittal of any application by CONTRACTOR and
consideration by ENGINEER is set forth in the General Conditions which may be further
defined in the Supplementary Conditions.
10.0 SUBCONTRACTORS, SUPPLIERS AND OTHERS
10.1. Each Bidder shall submit at the Bid opening to OWNER a list of principal
subcontractors proposed for use in the Work. Refer to Section 00430 contained
within the CONTRACT Documents. The Bidder may only use the subcontractors
stated in Section 00430 except in the event that the OWNER requires a change in
accordance with Section 10.2 below. Should the Bidder request a change to the
subcontractor list, OWNER approval shall be required. Proposed
subcontractor/supplier qualifications and references may be requested to be
submitted within three (3) business days after Bid Opening. Subcontractor/supplier
responsibility will be determined in accordance with Section 8-160 of the Code of the
City of Fort Collins.
10.2. If OWNER or ENGINEER after due investigation has reasonable objection to any
proposed Subcontractor, either may, before the Notice of Award is given, request
the apparent successful Bidder to submit an acceptable substitute without an
increase in Bid price. If the apparent successful Bidder declines to make any
substitution, OWNER may award the contract to the next lowest responsive and
responsible Bidder that proposes to use acceptable subcontractors. Subcontractors,
suppliers, other persons or organization listed and to whom OWNER or ENGINEER
does not make written objection before the giving of the Notice of Award will be
deemed acceptable to OWNER and ENGINEER subject to revocation of the
acceptance after the effective date of the CONTRACT as provided in the General
Conditions. Please note that the City will contract solely with the awarded Service
Provider/Professional; therefore, subcontractors and/or subconsultants will be the
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responsibility of the Service Provider/Professional.
11.0 BID FORM
11.1. A copy of the Bid Form will be posted at http://www.bidnetdirect.com/colorado/city-
of-fort-collins.
11.2. Bid Forms must be complete in ink or typed. All lump sum prices on the form must
be stated in words and numerals; in case of conflict, words will take precedence.
Unit prices shall govern over extensions of sums. Discrepancies between the
indicated sum of any column of figures and the correct sum thereof will be resolved
in favor of the correct sum. In the event that there are unit price items in a Bid
Schedule and the "extended amount" indicated for a unit price of a Bid item does not
equal the product of the unit price and quantity listed, the unit price shall govern, and
the extended amount will be corrected accordingly. If there is more than one Bid item
in a Bid Schedule, and the total indicated for the schedule does not agree with the
sum of prices of the individual Bid items, the prices listed for the individual items shall
govern and the total for the schedule will be corrected accordingly. The Contractor
will be bound by said corrections.
11.3. Bids by corporations must be executed in the corporate name by the president or a
vice-president (or other appropriate officer accompanied by evidence of authority to
sign) and the corporate seal shall be affixed and attested by the secretary or an
assistant secretary. The corporate address and state of incorporation shall be shown
below the corporate name.
11.4. Bids by partnerships must be executed in the partnership name and signed by a
partner, the title must appear under signature and the official address of the
partnership must be shown below the signature.
11.5. Bids by joint venture shall be signed by each participant in the joint venture or by an
authorized agent of each participant. The full name of each person or company
interested in the Bid shall be listed on the Bid Form.
11.6. The Bid shall contain an acknowledgement of receipt of all Addenda (the numbers
of which must be filled in on the Bid Form).
11.7. No alterations in Bids, or in the printed forms therefore, by erasures, interpolations,
or otherwise will be acceptable unless each alteration is signed or initialed by the
Bidder; if initialed, OWNER may require the Bidder to identify any alteration so
initialed.
12.0 BID PRICING
Bids must be priced as set forth in the Bid Schedule or Schedules.
13.0 SUBMISSION OF BIDS
13.1. Bids shall be submitted before the time and date stated in the Bid Documents or any
extension thereof made by addendum, electronically using Rocky Mountain E-
Purchasing System at the time and place indicated in the Invitation to Bid and
accompanied by the documents identified as required in Sections 00300 & 00400.
Bids received after the time and date for receipt of Bids will not be accepted. Bidder
shall assume full responsibility for timely delivery at the location designated for
receipt of Bids.
Bid 9922 Water Meter Box Installation Page 15 of 134
13.3. Oral, telephonic, telegraphic, physically mailed or delivered or facsimile Bids are
invalid and will not receive consideration.
13.4. No Bidder may submit more than one Bid. Multiple Bids under different names will
not be accepted from one firm or association.
14.0 MODIFICATION AND WITHDRAWAL OF BIDS
14.1. Bids may be modified or withdrawn at any time before the opening of Bids on
RMEPS.
14.2. Withdrawn Bids may be resubmitted up to the time designated for the receipt of Bids
provided that they are then fully in conformance with these Instructions to Bidders.
15.0 BID OPENING
Bids will be opened and read aloud publicly as indicated in the Invitation to Bid. A Bid Tally
of the amounts of the Base Bids and major alternates (if any) will be made available on
RMEPS after the opening of Bids.
16.0 BIDS TO REMAIN OPEN SUBJECT TO ACCEPTANCE
All Bids shall remain open for forty-five (45) days after the day of the Bid Opening, but
OWNER may, in their sole discretion, release any Bid before that date.
17.0 AWARD OF CONTRACT
17.1. OWNER reserves the right to reject any and all Bids, to waive any and all
informalities not involving price, time or changes in the Work, to negotiate contract
terms with the Successful Bidder, and the right to disregard all nonconforming,
nonresponsive, unbalanced or conditional Bids. Also, OWNER reserves the right to
reject the Bid of any Bidder if OWNER believes that it would not be in the best interest
of the Project to make an award to that Bidder, whether because the Bid is not
responsive, or the Bidder is unqualified or of doubtful financial ability or fails to meet
any other pertinent standard or criteria established by OWNER.
17.2. In evaluating Bids, OWNER will consider the qualifications of the Bidders, whether
or not the Bids comply with the prescribed requirements, and the alternates, unit
prices and other data, as may be requested in the Bid Form or before the Notice of
Award.
17.3. OWNER may consider the qualification and experience of Subcontractors,
Suppliers, and other persons and organizations proposed for those portions of the
Work as to which the identity of Subcontractors, Suppliers, and other persons and
organizations is submitted as requested by OWNER. OWNER also may consider
the operating costs, maintenance requirements, performance data and guarantees
of major items of materials and equipment proposed for incorporation in the Work
when such data is required to be submitted before the Notice of Award.
17.4. OWNER may conduct investigations as OWNER deems necessary to assist in the
evaluation of any Bid and to establish the responsibility, qualifications and financial
ability of the Bidder's proposed Subcontractors, Suppliers and other persons and
organizations to do the Work in accordance with the CONTRACT Documents to
OWNER's satisfaction within the prescribed time.
17.5. If the CONTRACT is to be awarded, it will be awarded to the lowest responsive and
Bid 9922 Water Meter Box Installation Page 16 of 134
responsible Bidder whose evaluation by OWNER indicates to OWNER that the
award will be in the best interest of the OWNER. The basis for award shall be as
noted in Section 00300. Only one contract will be awarded.
17.6. If the CONTRACT is to be awarded, OWNER will give the Successful Bidder a Notice
of Award within ninety (90) days after the date of the Bid opening, or a mutually
agreed upon date.
18.0 PERFORMANCE & PAYMENT BONDS
The General Conditions and the Supplementary Conditions set forth OWNER's
requirements as to Performance and Payment Bonds. When the awarded CONTRACTOR
delivers the executed CONTRACT to the OWNER, it shall be accompanied by the required
contract bonds.
19.0 INSURANCE
CONTRACTOR is responsible for providing the OWNER with insurance as required in
the attached Agreement. The shipment of all deliverables hereunder shall be insured for
full replacement value.
20.0 SIGNING OF CONTRACT
When OWNER gives a Notice of Award to the awarded CONTRACTOR it will be
accompanied by the CONTRACT with all other written CONTRACT Documents attached.
Within fifteen (15) days thereafter, CONTRACTOR shall sign and deliver the CONTRACT
and attached documents to OWNER with the required Bonds. Within ten (10) days
thereafter, OWNER shall deliver the executed CONTRACT to CONTRACTOR.
21.0 TAXES
OWNER is exempt from Colorado State Sales and Use Tax as applicable. Said taxes shall
not be included in the CONTRACT Price.
22.0 RETAINAGE
Provisions concerning retainage are set forth in the CONTRACT.
23.0 PURCHASING RESTRICTIONS.
Purchasing restrictions: The Bidder's authorized signature of this Bid assures the Bidder's
compliance with the City's purchasing restrictions. A copy of the resolutions is available
for review in the Purchasing Division or the City Clerk's office.
A. Cement Restrictions: City of Fort Collins Resolution 91-121 requires that
suppliers and producers of cement or products containing cement to certify that
the cement was not made in cement kilns that burn hazardous waste as a fuel.
24.0 BID RESULTS
Bid results will be posted at http://www.bidnetdirect.com/colorado/city-of-fort-collins.
25.0 SCHEDULE
The anticipated schedule for this project is as follows:
Bid 9922 Water Meter Box Installation Page 17 of 134
Item Dates
Bid Issue Date March 4, 2024
Pre-bid Meeting 11:00 AM MT March 8, 2024
Deadline for questions 3:00 PM MT March 12, 2024
Addendum issued March 14, 2024
Bid Due 3:00 PM MT March 21, 2024
Tentative start date April 15, 2024
END OF SECTION
Bid 9922 Water Meter Box Installation Page 18 of 134
SECTION 00300
BID FORM
Bid 9922 Water Meter Box Installation Page 19 of 134
SECTION 00300
BID FORM
PROJECT: 9922 Water Meter Box Installation Date:
Contractor Name:
1. In compliance with your Invitation to Bid dated , 20 and subject to all
conditions thereof, the undersigned,
a (Corporation, Limited Liability Company, Partnership, Joint Venture, or Sole
Proprietor) authorized to do business in the State of Colorado, hereby proposes to
furnish and do everything required by the CONTRACT Documents to which this refers
for the construction of all items listed on the following Bid Schedule or Bid Schedules.
2. The undersigned Bidder does hereby declare and stipulate that this proposal is made
in good faith, without collusion or connection with any other person or persons Bidding
for the same Work, and that it is made in pursuance of and subject to all the terms and
conditions of the CONTRACT Documents pertaining to the Work to be done, all of
which have been examined by the undersigned.
3. Accompanying this Bid is a Bid Bond in the sum of
($ ) in accordance with the Invitation to Bid and Instructions to
Bidders.
4. The undersigned Bidder agrees to execute the CONTRACT and a Performance Bond
and a Payment Bond for the amount of the total of this Bid within fifteen (15) calendar
days from the date when the written Notice of Award is delivered to the address given
on this Bid. The name and address of the corporate SURETY with which the Bidder
proposes to furnish the specified Performance and Payment Bonds is as follows:
5. All the various phases of Work enumerated in the CONTRACT Documents with their
individual jobs and overhead, whether specifically mentioned, included by implication
or appurtenant thereto, are to be performed by the CONTRACTOR under one of the
items listed in the Bid Schedule, irrespective of whether it is named in the list.
6. Payment for Work performed will be in accordance with the Bid Schedule(s) subject to
change(s) as provided in the CONTRACT Documents.
7. The undersigned Bidder hereby acknowledges receipt of Addenda No.
through .
8. COLORADO OPEN RECORDS ACT
The undersigned Bidder acknowledges that the City is a governmental entity subject
to the Colorado Open Records Act, C.R.S. §§ 24-72-200.1 et seq. (“CORA”). Any bids
submitted hereunder is subject to public disclosure by the City pursuant to CORA and
City ordinances. All provisions and pricing of submitted bids, Bid Forms, and the
awarded contract will be, without redaction, considered public records subject
to disclosure under CORA. By responding to this Bid, Contractor hereby waives any
Bid 9922 Water Meter Box Installation Page 20 of 134
and all claims against the City relating to CORA.
9. The undersigned Bidder hereby acknowledges the documents listed below are
required elements of the Bid and must be submitted with the Bid. The City may reject
any incomplete Bids as non-responsive.
Bid Form (this Section 00300)
Electronic Bid Bond (Item 3 above and Section 00410) for five (5) percent of
the base Bid amount
Acknowledgement of Bid Addenda (Item 7 above)
Statement of Bidder's Qualifications (Section 00420)
Schedule of Subcontractors (Section 00430)
Safety Form (Section 00440)
10. BID SCHEDULE (Base Bid)
At the City’s option the basis of award is the low responsive and responsible Bidder
based on the total price for Base Bid or the total price for the Base Bid plus selected
Alternates. This Bid Schedule has also been uploaded to RMEPS as a separate Word
document.
9922 WATER METER BOX INSTALLATION
BID OPENING: 3:00 PM MST (our clock), March 21, 2024
A. BID SCHEDULE
Contractor Name:
We hereby enter our bid for the City of Fort Collins’ requirements for WATER METER BOX
INSTALLATION, per the bid invitation and any referenced specifications.
The following prices shall include but are not limited to all labor, equipment, materials, rentals,
fuel, safety, transportation, shoring, removal, dewatering, overhead, profit, insurance, etc. needed
to perform all work as one contract, all in accordance with the plans, specifications, and other
documents for the installation of standard meter boxes or meter pits to be added to existing water
service lines at various locations throughout the City.
1.
Excavation for meter box installation up to 4’W x 5’L x
6’D. (Includes removing existing meter box in same
hole, back fill, compaction and site restoration, may
include removing existing meter box in same
excavation; does not include plumbing or setting a
meter box to grade.)
$
Bid 9922 Water Meter Box Installation Page 21 of 134
2.
Oversized excavation for two-meter box installations
up to 4’W x 7’L x 6’D or to accommodate utilities.
(Includes back fill, compaction and site restoration,
may include removing existing meter box in same
excavation; does not include plumbing or setting a
meter box to grade.)
$
3. Plumb and set a meter box to grade. (Does not
include excavation or backfill.) $
4. Demo meter box. (Remove substandard meter box
and reconnect services at original grade.) $
5. Deep hole. (Extra digging for excavations greater
than 72” deep.) Cost per foot $
6. Open cut trench. (Up to 3’W x 5’D) Cost per lineal
foot $
7. Bore. Able to accommodate up to a 2-inch service. Cost per lineal
foot $
8. Cut and remove concrete. Cost per square
foot $
9. Cut and remove asphalt. Cost per square
foot $
10. Install replacement concrete Cost per square
foot $
11. Install replacement asphalt Cost per square
foot $
12. Add a curb stop. $
13. Materials furnished by Service Provider. Cost Plus %
14. Removal of frozen soil. (Deeper than 10”) $
15.
Excavate for a meter pit for a 1 ½” or 2” meter.
(Includes back fill, compaction and site restoration;
does not include plumbing or setting a meter pit to
grade. May include removing existing meter pit in
same excavation.)
$
16. Plumb and set a meter pit to grade for a 1 ½” or 2”
meter. (Does not include excavation or backfill.) $
17. Demo meter pit for a 1 ½” or 2” service. (Remove $
Bid 9922 Water Meter Box Installation Page 22 of 134
substandard meter pit and reconnect services at
original grade)
18. Remove meter box lid housing leaving old meter box.
(Includes backfill, compaction and site restoration.) $
19.
Removal of the existing water meters, copperhorns,
isolation valves and water modules from typical inside
after meter installation (basements, crawlspaces or
other interior meter settings) to which the current
water meter, copperhorns, isolation valves and meter
module are located within the property associated
with the outside meter box installation. This scope
requires the re-connection of all applicable City of Fort
Collins permits required by Building Inspection.
$
TOTAL BASE BID $
WORK SITE EXAMPLES: PRICING OF THESE EXAMPLES WILL BE USED AS THE
BASIS FOR BID AWARD
Typical Meter Box Installations
UNIT PRICES
TO BE USED:
Amount
(1) The meter box is in a lawn area near the curb where
a new sidewalk will be installed. The meter box
needs to be removed from its current location and a
new one installed 10 feet closer to the house. The
service line is 66” deep.
4 + 1 + 3
$
(2) The meter box and the plumbing in the box are in
poor condition. The meter box needs to be replaced
and re-plumbed with new materials to current
standards in the same spot in the lawn. The service
line is 78” deep.
1 + 3 + 5
$
(3) The meter box is by the curb stop and currently
serves both sides of a duplex and the customer is
separating the duplex service. Need to install a tee at
the existing curb stop, two new curb stops, and one-
meter box with a 5 ft pigtail for the customer to
connect the second service to. The service lines are
66” deep.
2 + 10 +10 + 3
$
(4) The meter box needs to be relocated. A new meter
box can be installed without removing the old one by
plumbing a new box beside the old one.
Disconnecting the pipes outside the old box,
removing the top cover and backfilling the old pit.
The service line is 66” deep.
1 + 16 + 3
$
Bid 9922 Water Meter Box Installation Page 23 of 134
(5) The meter box will be installed in a lawn area next to
the curb box. The service line is 66” deep. The
existing meter and copperhorn are removed from the
crawl space.
1+3 + 17
$
Average of typical installation x .90 =
(1 + 2 + 3 + 4 + 5 divided by 5 x .90)
“TYPICAL INSTALLATIONS” WILL BE THE CASE 90%
OF THE TIME.
$
Non-Typical Meter Box Replacement
UNIT PRICES
TO BE USED:
(6) The curb box and meter box are in the center of a
16’ wide concrete driveway. The meter box needs to
be moved to the lawn area next to the driveway.
Need to remove the current meter box, loop the
service from the curb stop to the lawn area at the
edge of the driveway, install a new meter box and
loop back to tie the service back in at the center of
the driveway. Approximately 24 sq ft of concrete
driveway will be removed. The service is 66” deep.
8 + 4 + 6 + 1 +
3
$
(7) The meter pit and the plumbing for a 2-inch meter
are in poor condition. The pit and plumbing in the pit
need to be replaced with new materials to current
standards in the same spot in the lawn. The service
is 66” deep.
13+ 14 + 15
$
Average of non-typical installation x .10 =
(6 + 7) divided by 2 x .10)
“NON-TYPICAL INSTALLATIONS” WILL BE THE CASE
10% OF THE TIME.
$
Total Bid =
(Sum of Typical + Non-Typical Average)
PLEASE NOTE: THIS IS THE TOTAL BASE BID
AMOUNT
$
TO BE MULTIPLIED BY 130 (EXPECTED NUMBER OF
ANNUAL METER BOX INSTALLATIONS).
THIS NUMBER WILL BE USED FOR AWARD
PURPOSES.
130 each
$
Bid 9922 Water Meter Box Installation Page 24 of 134
11. PRICES
The foregoing prices shall include but is not limited to all labor, materials, overhead,
profit, insurance, etc., for completion of the Work.
Bidder acknowledges that the OWNER has the right to change items before award or
during Construction at their sole discretion without affecting the CONTRACT or prices
of any item so long as the deletion or change does not exceed twenty-five percent
(25%) of the total CONTRACT Price.
RESPECTFULLY SUBMITTED:
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:
(Seal - if Bid is by corporation)
Attest:
Address
Telephone
Email
Bid 9922 Water Meter Box Installation Page 25 of 134
SECTION 00400
SUPPLEMENTS TO BID FORMS
00410 Bid Bond
00420 Statement of Bidder's Qualifications
00430 Schedule of Subcontractors
00440 Safety Form
Bid 9922 Water Meter Box Installation Page 26 of 134
SECTION 00410
BID BOND
KNOW ALL PEOPLE BY THESE PRESENTS: that we, the undersigned
as PRINCIPAL, and , as SURETY, are hereby held and firmly
bound unto the City of Fort Collins, Colorado, as OWNER, in the sum of
($ ) for the payment of which, well and truly to be made, we hereby
jointly and severally bind ourselves, successors, and assigns.
THE CONDITION of this obligation is such that whereas the PRINCIPAL has submitted to the
City of Fort Collins, Colorado the accompanying Bid and hereby made a part hereof to enter into
a Construction CONTRACT for the construction of Fort Collins Project, 9922 Water Meter Box
Installation.
NOW THEREFORE,
(a) If said Bid shall be rejected, or
(b) If said Bid shall be accepted and the PRINCIPAL shall execute the CONTRACT attached
hereto (properly completed in accordance with said Bid) and shall furnish a BOND for their
faithful performance of the CONTRACT, and for payment of all persons performing labor
or furnishing materials in connection therewith, and shall in all other respects perform the
CONTRACT created by the acceptance of said Bid, then this obligation shall be void;
otherwise the same shall remain in force and effect, it being expressly understood and
agreed that the liability of the SURETY for any and all claims hereunder shall, in no event,
exceed the penal amount of this obligation as herein stated.
The SURETY, for value received, hereby stipulates and agrees that the obligations of the
SURETY and its BOND shall be in no way impaired or affected by any extension of the time within
which the OWNER may accept the Bid; and the SURETY does hereby waive notice of any
extension.
SURETY Companies executing bonds must be authorized to transact business in the State of
Colorado and be accepted by the OWNER.
Bid 9922 Water Meter Box Installation Page 27 of 134
IN WITNESS WHEREOF, the PRINCIPAL and the SURETY have hereunto set their hands and
seals this day of , 20 , and such of them as are corporations have
caused their corporate seals to be hereto affixed and these presents to be signed by their proper
officers, the day and year first set forth above.
PRINCIPAL SURETY
Name:
Address:
By: By:
Title: Title:
ATTEST:
By:
(SEAL) (SEAL)
Bid 9922 Water Meter Box Installation Page 28 of 134
SECTION 00420
STATEMENT OF BIDDER'S QUALIFICATIONS
All questions must be answered, and the data given must be clear and comprehensive. This
statement must be notarized. If necessary, questions may be answered on separate attached
sheets. The Bidder may submit any additional information if needed.
1. Name of Bidder:
2. When was Bidder’s firm organized:
3. If your firm is a corporation, where is the firm incorporated:
4. How many years has the firm been engaged in the contracting business under the
present firm or trade name?
5. Provide a list of the contracts on hand: (list these, showing the amount of each contract
and the appropriate anticipated dates of completion.)
6. What is the general character of Work performed by your company:
7. Have you or a firm for which you were a principal ever failed to complete any Work
awarded to you?
If so, where and why?
8. Has the firm ever defaulted on a contract?
Bid 9922 Water Meter Box Installation Page 29 of 134
If so, where and why?
9. Is the firm debarred by any government agency?
If yes, list agency name.
10. Provide the background and experience of the principal members of your organization,
including officers:
11. Provide the Fee Schedule for your firm and any subcontractors. It may be attached as a
separate document.
12. Credit available: $
13. Bank Reference:
14. Will you, upon request, provide a detailed financial statement for your Company and
furnish any other information that may be required by the OWNER?
15. Is the firm licensed as a General Contractor, if applicable, in the City of Fort Collins?
16. Are any lawsuits pending against you or your firm at this time?
If yes, provide detail
17. REFERENCES
The undersigned Bidder shall provide three (3) completed or under construction project
Bid 9922 Water Meter Box Installation Page 30 of 134
references of similar scope and price from the past three (3) years. It is the City’s
preference that the reference projects use the same Project Manager as the
CONTRACTOR is proposing for this project. It is preferred that references are from three
separate owners and shall include a brief project description, owner contact information
(name, title, email, and phone number), and total contract value. References may be
checked by the City and bids that do not include the required and satisfactory references
may be deemed non-responsive. The City reserves the right to request additional project
references at its sole discretion.
Project 1 Name:
Brief Description:
Contract Value:
Client:
Contact Name: Title:
Phone: Email:
Project 2 Name:
Brief Description:
Contract Value:
Client:
Contact Name: Title:
Phone: Email:
Project 3 Name:
Brief Description:
Contract Value:
Client:
Contact Name: Title:
Bid 9922 Water Meter Box Installation Page 31 of 134
Phone: Email:
18. The undersigned hereby authorizes and requests any person, firm or corporation to furnish
any information requested by the OWNER in verification of the recital comprising this
Statement of Bidder's Qualifications.
By signing below, the Contractor agrees that the answers to the foregoing questions and
all statements therein contained are true and correct.
Company:
By: Printed:
Title:
State of ____________________
County of ____________________
Signed before me on _______________________, 20____
by __________________________________ (name(s) of individual(s) making statement).
____________________________________ [SEAL]
(Notary’s official signature)
____________________________________
(Title of office)
____________________________________
(Commission Expiration)
Bid 9922 Water Meter Box Installation Page 32 of 134
SECTION 00430
SCHEDULE OF SUBCONTRACTORS
List all subcontractors and their corresponding Work items when performing over 10% of the total
Bid.
WORK ITEM SUBCONTRACTOR
Bid 9922 Water Meter Box Installation Page 33 of 134
SECTION 00440
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.
Contractor(s) safety record will be evaluated by the evaluation team as an element of
determining whether the Contractor(s) is responsible. Contractor(s) whose safety record is
above 1.0 for Experience Modification Rating (EMR) and 5.0 for Total Recordable Incident Rate
(TRIR) will be reviewed in depth and may be deemed ineligible to be considered for award at
the City’s sole discretion.
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?
Bid 9922 Water Meter Box Installation Page 34 of 134
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 ☐
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:
Bid 9922 Water Meter Box Installation Page 35 of 134
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.
Bid 9922 Water Meter Box Installation Page 36 of 134
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.
Bid 9922 Water Meter Box Installation Page 37 of 134
SECTION 00500
CONTRACT FORMS
00510 Notice of Award
00520 Contract
00530 Notice to Proceed
Bid 9922 Water Meter Box Installation Page 38 of 134
SECTION 00510
NOTICE OF AWARD
DATE: [Date]
TO: [Contractor] (hereinafter referred to as the CONTRACTOR)
PROJECT: 9922 Water Meter Box Installation
OWNER: CITY OF FORT COLLINS (hereinafter referred to as the OWNER)
CONTRACTOR is hereby notified that its Bid dated [CONTRACTOR'S Bid Date] for the above
project has been considered. CONTRACTOR is the apparent successful Bidder and has been
awarded a CONTRACT for [Project # and Name].
The Price of the CONTRACT is ($ ).
One (1) copy of all CONTRACT Documents accompany this Notice of Award.
CONTRACTOR must comply with the following conditions within fifteen (15) days of the date of
this Notice of Award, that is by [Date].
1. CONTRACTOR must deliver to the OWNER a fully executed CONTRACT
complete with authorized signature on the signature page.
2. CONTRACTOR must deliver with the executed CONTRACT the Payment and
Performance Bonds as specified in the Instructions to Bidders.
Failure to comply with these conditions within the time specified will entitle OWNER to consider
the CONTRACTOR’s Bid abandoned, to annul this Notice of Award, and to declare
CONTRACTOR’s Bid Bond forfeited.
City of Fort Collins
OWNER
By:
Gerry Paul
Purchasing Director
Bid 9922 Water Meter Box Installation Page 39 of 134
SECTION 00520
CONTRACT
THIS CONTRACT is dated as of the [Day] day of [Month] in the year of 20[Year] and shall be
effective on the date this CONTRACT is signed by the City.
The City of Fort Collins (hereinafter called OWNER) and
[Contractor] (hereinafter called CONTRACTOR)
OWNER and CONTRACTOR, in consideration of the mutual covenants hereinafter set forth,
agree as follows:
ARTICLE 1. WORK
CONTRACTOR shall complete all Work as specified or indicated in the
CONTRACT Documents. The Project for which the Work under the CONTRACT
Documents may be the whole or only a part is defined as the construction of 9922
Water Meter Box Installation.
ARTICLE 2. CHANGE ORDERS AND WORK CHANGE DIRECTIVES
2.1 Change Orders. The City, may, at any time during the term and without
invalidating the CONTRACT, make changes to the particular services.
Changes shall be agreed upon in writing by the parties by Change Order,
a sample of which is attached hereto as 00950, consisting of one (1) page
and incorporated herein by this reference.
2.2 Work Change Directives. Work Change Directives are for use in situations
involving changes in the Work which, if not processed expeditiously, might
delay the Project. These changes are often initiated in the field that may
affect the Contract Price or the Contract Times. This is not a Change Order,
but only a directive to proceed with the Work that will, in most cases, require
a Change Order. A sample Work Change Directive is attached hereto as
00955, consisting of one (1) page and incorporated herein by this
reference.
ARTICLE 3. ENGINEER
All references in the CONTRACT Documents to the ENGINEER shall be the City’s
Project Manager, [PM name], who will assume all duties and responsibilities and
will have the rights and authority assigned to ENGINEER in the CONTRACT
Documents in connection with completion of the Work in accordance with the
CONTRACT Documents. The Project Manager is subject to change by the
OWNER by written notice via email to the CONTRACTOR.
ARTICLE 4. CONTRACT TIMES
4.1. The Work shall be Substantially Completed by the CONTRACTOR, as
evidenced by the issuance of the Certificate of Substantial Completion
(Section 00635), within ( ) calendar days after the date of the
Notice to Proceed. OR by [month, day, year].
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4.2. The Work must be completed by the CONTRACTOR and ready for issuance
of the Certificate of Final Acceptance and Completion (Section 00640) in
accordance with Article 14 of the General Conditions within ( )
calendar days after Substantial Completion. OR by [month, day, year].
4.3. Liquidated Damages. OWNER and CONTRACTOR recognize that time is of
the essence of this CONTRACT and that OWNER will suffer financial loss if
the Work is not completed within the times specified in paragraphs 4.1 and
4.2 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 preceding the actual loss suffered by OWNER if the Work is not
completed on time. Accordingly, instead of requiring any proof, OWNER and
CONTRACTOR agree that as Liquidated Damages for delay (but not as
penalty) CONTRACTOR shall pay OWNER the amounts set forth hereafter.
1) Substantial Completion. Five hundred dollars ($500) for each calendar
day or fraction thereof, during one (1) to thirty (30) days after the
Substantial Completion date established in Section 00530 Notice to
Proceed until the Work is Substantially Complete; if incomplete after thirty
(30) days, the liquidated damages are One thousand dollars ($1,000) per
calendar day, or fraction thereof, until the Work is Substantially Complete.
2) Final Acceptance and Completion: After Substantial Completion, two
hundred fifty dollars ($250) for each calendar day or fraction thereof after
thirty calendar days until Final Acceptance and Completion.
ARTICLE 5. CONTRACT PRICE
OWNER shall pay CONTRACTOR for performance of the Work in accordance with
the CONTRACT Documents in the amount of ($ ).
ARTICLE 6. PAYMENT PROCEDURES
CONTRACTOR shall submit Applications for Payment in accordance with Article
14 of the General Conditions. Applications for Payment will be processed by
ENGINEER as provided in the General Conditions.
6.1. PROGRESS PAYMENTS. OWNER shall make progress payments in
accordance with the CONTRACT on the basis of CONTRACTOR's
Application for Payment as approved by ENGINEER, once each month during
construction as provided below. All progress payments will be calculated on
the basis of the progress of the Work. In the case of Unit Price Work, progress
payments will be based on the number of units completed and pricing will be
in accordance with the Bid Form, Section 00300.
6.1.1. APPLICATION FOR PAYMENT
Applications for Payment 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
completed in accordance with the Application for Payment, Section 00960.
The Application for Payment shall indicate the project name, Purchase Order
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number, service address, 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, 3rd party supporting documentation with
the same detail and a brief progress report, and any supporting
documentation related to the work being performed.
Payments will be made using the prices stated in the CONTRACT. In
the event additional Work is requested that is not stated in the
CONTRACT, the CONTRACTOR and the OWNER will negotiate an
appropriate unit price for the Work. Before the CONTRACTOR
initiates such Work, the parties shall document the change in
accordance with Article 2.
The OWNER pays undisputed payment applications on Net 30 days
from the date of submittal or, for disputed payment applications, Net
30 days from the date of ENGINEER’s approval.
6.1.2. RETAINAGE
Before 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
any amounts as ENGINEER shall determine, or OWNER may
withhold, in accordance with Article 14.7 of the General Conditions. If,
in the sole discretion of OWNER, on recommendation of ENGINEER,
OWNER determines that the character and progress of the Work have
been satisfactory to OWNER and ENGINEER, OWNER may
determine that as long as the character and progress of the Work
remain satisfactory to them, there will be no additional retainage on
account of Work completed in which case the remaining progress
payments before Substantial Completion will be in an amount equal to
100% of the Work completed. Subject to OWNER’s prior written
approval, 95% of materials and equipment not incorporated in the
Work (but delivered, suitably stored, insured, and accompanied by
documentation satisfactory to OWNER as provided in Article 14.2 of
the General Conditions) may be included in the Application for
Payment 00960.
6.1.3. Upon Substantial Completion and if necessary, payment will be made
in an amount sufficient to increase total payments to CONTRACTOR
to 95% of the CONTRACT Price, less any amounts as ENGINEER
shall determine or OWNER may withhold in accordance with Article
14.7 of the General Conditions or as provided by law.
6.2. FINAL ACCEPTANCE AND COMPLETION. Upon Final Acceptance and
Completion of the Work in accordance with Article 14.13 of the General
Conditions, OWNER shall pay the remainder of the CONTRACT Price as
recommended by ENGINEER.
ARTICLE 7. CONTRACTOR'S REPRESENTATION
CONTRACTOR makes the following representations and acknowledgement of
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obligations upon which the OWNER may rely:
7.1 CONTRACTOR has familiarized itself with the nature and extent of the
CONTRACT Documents, Work, site, locality, local conditions, and all
applicable laws and regulations that in any manner may affect cost,
progress, performance or furnishing of the Work.
7.2 CONTRACTOR has studied and acknowledges the results of (or assumes
responsibility for obtaining and carefully studying) all examinations,
investigations, explorations, tests, reports, studies, subsurface conditions
and physical conditions, identified in the Contract Documents, at or
contiguous to the site or otherwise may affect the cost, progress,
performance or furnishing of the Work as CONTRACTOR considers
necessary for the performance or furnishing of the Work at the Contract
Price, within the Contract Times and in accordance with the other terms
and conditions of the Contract Documents, including specifically the
provisions of Article 4.2 of the General Conditions; and no additional
examinations, investigations, explorations, tests, reports, studies or similar
information or data are or will be required by CONTRACTOR for such
purposes.
7.3 CONTRACTOR has reviewed and checked all information and data shown
or indicated on the Contract Documents with respect to existing
Underground Facilities at or contiguous to the site and assumes
responsibility for the accurate location of the Underground Facilities. No
additional examinations, investigations, explorations, tests, reports, studies
or similar information or data in respect of the Underground Facilities are
or will be required by CONTRACTOR in order to perform and furnish the
Work at the Contract Price, within the Contract Times and in accordance
with the other terms and conditions of the Contract Documents, including
specifically the provision of Article 4.3 of the General Conditions.
CONTRACTOR has correlated the results of all observations,
examinations, investigations, tests, reports and data with the terms and
conditions of the Contract Documents.
CONTRACTOR has given ENGINEER written notice of all conflicts, errors
or discrepancies that it has discovered in the Contract Documents and the
written resolution thereof by ENGINEER is acceptable to CONTRACTOR.
7.4 CONTRACTOR represents that all Work and/or materials must meet all
applicable standards currently 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 municipal ordinances to including
but not limited to the American Disabilities Act (ADA), American National
Standards Institute (ANSI), and American Water Works Association
(AWWA) standards. The CONTRACTOR further agrees to comply fully with
the Occupational Safety and Health Act (OSHA), all regulations issued
there under, and all state laws and regulations enacted and adopted
pursuant thereto.
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7.5 Dust Control. The CONTRACTOR 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.
7.6 The CONTRACTOR is responsible for recording and submitting all
applicable information on the ‘City of Fort Collins Waste Management Plan
Form’. The Plan form is available at
https://www.fcgov.com/recycling/files/construction-waste-management-
plan.pdf. The OWNER reserves the right to withhold payment until a
completed ‘City of Fort Collins Waste Management Plan Form’ is submitted.
7.8 The CONTRACTOR shall be responsible for obtaining any necessary
licenses, fees or permits without additional expense to the OWNER. All
vehicles and equipment shall be properly licensed and insured, carry the
appropriate permits and be placarded as required by law.
The CONTRACTOR and all subcontractors will be required to have a City
of Fort Collins applicable permits, prior to the start of construction and
throughout the project duration. CONTRACTOR will also be responsible for
ensuring current Code requirements are met. The permits will be the
responsibility of .
7.9 The CONTRACTOR 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.
7.10 The OWNER may require the CONTRACTOR to immediately remove any
employee the OWNER 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.
All OWNER facilities and grounds are non-smoking sites. All OWNER
parks, trails and natural areas are also non-smoking.
Agents and employees of CONTRACTOR working for the OWNER shall
present a clean and neat appearance. Prior to performing any Work for the
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OWNER, CONTRACTOR shall require each of their employees to wear ID
badges or uniforms identifying CONTRACTOR by name.
7.11 CONTRACTOR agrees that 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 Safety and Risk
Management Department.
The Contractor shall immediately contact the Project Manager 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 City
Representative. The Contractor shall not backfill around the underground
utility line until the Project Manager has repaired the damage and has given
clearance to backfill. The City 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 Master
Agreement.
7.12 CONTRACTOR 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 shall adopt Utility's
minimum safety standards as the baseline requirements.
7.13 Should it be necessary to halt the work because of incorrect or
unsatisfactory operations under the terms of this 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 OWNER 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.
ARTICLE 8. CONTRACT DOCUMENTS
8.1. The CONTRACT Documents which comprise the entire CONTRACT between
OWNER and CONTRACTOR concerning the Work consist of the General
Conditions and Supplementary Conditions. CONTRACT Documents are
further defined in Article 1.10 of the General Conditions and other items as
stated below, all of which are incorporated herein by this reference.
8.2. Forms for use by CITY and/or CONTRACTOR in performing the Work and
related actions in carrying out the terms of this CONTRACT are deemed
CONTRACT Documents and incorporated herein by this reference, and
include, but are not limited to, the following:
Section 00300 Bid Form
Section 00420 Statements of Bidders Qualifications
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Section 00430 Schedule of Subcontractors
Section 00440 Safety Form
Section 00510 Notice of Award
Section 00520 CONTRACT
Section 00525 Scope of Work
Section 00530 Notice to Proceed
Section 00610 Performance Bond
Section 00615 Payment Bond
Section 00630 Certificate of Insurance
Section 00635 Certificate of Substantial Completion
Section 00640 Certificate of Final Acceptance and Completion
Section 00650 Lien Waiver Releases
Section 00660 Consent of SURETY
Section 00700 General Conditions
Section 00800 Supplementary Conditions
Section 00950 Change Order
Section 00955 Work Change Directive
Section 00960 Application for Payment
8.3. Specifications, Reports & Drawings, dated and consisting of a cover sheet
and sheets numbered as follows:
ARTICLE 9. ADA AND PUBLIC ACCOMMODATIONS
In performing the Service(s) required hereunder, the PROFESSIONAL agrees to
meet all the requirements of the Americans with Disabilities Act of 1990, §§24-85-
101, et seq., C.R.S., and all applicable rules and regulations (ADA), and all
applicable Colorado public accommodation laws, which are imposed directly on
the PROFESSIONAL or which would be imposed on the CITY as a public entity.
ARTICLE 10. TECHNOLOGY ACCESSIBILITY
The PROFESSIONAL represents in performing the Service(s) hereunder, it shall
fully comply with all applicable provisions of §§24-85-101, et seq., C.R.S., and all
accessibility standards as established by the State of Colorado Governor’s Office
of Information Technology (OIT) pursuant to §24-85- 103, C.R.S., including all
updates and amendments to those standards as provided by the OIT. To confirm
that the Project Instruments meet these standards, PROFESSIONAL may be
required to demonstrate compliance. The PROFESSIONAL shall indemnify the
CITY pursuant to the Indemnification section above in relation to the
PROFESSIONAL’s failure to comply with §§24-85-101, et seq., C.R.S., or the
OIT’s accessibility standards pursuant to §24-85-103, C.R.S.
ARTICLE 11. ORDER OF PRECEDENCE
In the event of a conflict or inconsistency within this AGREEMENT, the conflict or
inconsistency shall be resolved by giving preference to the documents in the
following order of priority:
(a) this AGREEMENT (and any written amendment),
(b) Exhibits to this AGREEMENT,
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(c) any applicable Change Order, and
(d) the Purchase Order document.
ARTICLE 12. PROHIBITION AGAINST UNLAWFUL DISCRIMINATION
The PROFESSIONAL acknowledges that the CITY, 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); Section §§24-34-401, et seq., C.R.S., and any associated
State or Federal laws and regulations, 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 forty (40)
years or older, marital status, disability, sexual orientation, genetic information, or
other characteristics protected by law. Pursuant to City 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 the employee
has been discriminated against in violation of the above policy or participating in
an employment discrimination proceeding.
The CITY requires the PROFESSIONAL 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
subcontractors/subconsultants at every tier.
ARTICLE 13. USE BY OTHER AGENCIES
The CITY reserves the right to allow other state and local governmental agencies,
political subdivisions, and/or school districts (collectively Agency) to use the CITY’s
award determination to the Professional. Use by any other entity shall not have a
negative impact on the CITY 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 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 solely between the Agency and the PROFESSIONAL. The CITY’s
concurrence hereunder is subject to the PROFESSIONAL’s commitment that this
authorization shall not have a negative impact on the Service(s) to be completed
for the CITY.
ARTICLE 14. 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.
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ARTICLE 15. COLORADO OPEN RECORDS ACT.
The PROFESSIONAL acknowledges the CITY is a governmental entity subject to
the Colorado Open Records Act, C.R.S. § 24-72-200, et seq. (CORA), and
documents in the CITY’s possession may be considered public records subject to
disclosure under CORA.
ARTICLE 16. MISCELLANEOUS
16.1. Terms used in this CONTRACT which are defined in Article I of the General
Conditions shall have the meanings indicated in the General Conditions.
16.2 No assignment by a party hereto of any rights, obligations or interests in or
under the CONTRACT Documents will be binding on another party hereto
without the prior written consent of the party sought to be bound; and
specifically but not without limitations, moneys that may become due and
moneys that are due may not be assigned without consent and unless
specifically stated to the contrary in any written consent to an assignment no
assignment will release or discharge that assignor from any duty or
responsibility under the CONTRACT Documents. Any assignment without
the required prior written consent of the OWNER, shall be deemed null and
void and have no effect.
16.3. OWNER and CONTRACTOR each binds itself, its partners, successors,
assigns and legal representatives to the other party hereto, its partners,
successors, assigns and legal representatives in respect to all covenants,
promises, and obligations in this CONTRACT and in the CONTRACT
Documents.
16.4 To the extent this CONTRACT or any provision in it constitutes a multiple
fiscal year debt or financial obligation of the OWNER, it shall be subject to
annual appropriation by OWNER’S 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 OWNER shall have no
obligation to continue this CONTRACT in any fiscal year for which no
supporting appropriation has been made.
16.5 The laws of the State of Colorado shall govern the construction,
interpretation, execution, and enforcement of this CONTRACT without
regard to choice law or conflict of law principles. The Parties further agree
that Larimer County District Court is the proper venue for all disputes. If the
OWNER subsequently agrees in writing that the matter may be heard in
federal court, the venue will be in Federal District Court in Denver. In the
event any provision of this AGREEMENT shall be held invalid or
unenforceable by any court of competent jurisdiction, that holding shall not
invalidate or render unenforceable any other provision of this AGREEMENT.
16.6 All notices provided under this CONTRACT shall be written. All notices
provided under this CONTRACT shall be effective immediately when emailed
or three business days from the date of the notice when mailed to the
following addresses:
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CONTRACTOR: 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
OWNER: CITY OF FORT COLLINS CONTRACTOR: [CONTRACTOR]
By: By:
Kelly DiMartino, City Manager
(over $1,000,000)
PRINTED
By:
Gerry Paul, Purchasing Director Title:
Date: Date:
Attest: (CORPORATE SEAL)
Attest:
Approved as to Form:
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SECTION 00530
NOTICE TO PROCEED
9922 Water Meter Box Installation
Description of Work:
To: [CONTRACTOR]
This notice is to advise you:
That the CONTRACT covering the above described Work has been fully executed by the
CONTRACTOR and the OWNER.
That the required CONTRACTOR's Performance Bond and Payment Bond have been received
by the OWNER.
Therefore, as the CONTRACTOR for the above described Work, CONTRACTOR is hereby
authorized and directed to proceed with the Work to begin on .
The dates for Substantial Completion and Final Acceptance shall be , 20 and ,
20 , respectively.
Dated this day of , 20 .
OWNER: CITY OF FORT COLLINS
By:
Title:
ACKNOWLEDGMENT OF NOTICE
Receipt of the above Notice to Proceed is hereby acknowledged this day of
, 20 .
CONTRACTOR: [CONTRACTOR]
By:
Title:
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SECTION 00600
BONDS AND CERTIFICATES
00610 Performance Bond
00615 Payment Bond
00630 Certificate of Insurance
00635 Certificate of Substantial Completion
00640 Certificate of Final Acceptance and Completion
00650 Lien Waiver Release (CONTRACTOR)
00660 Consent of SURETY
00670 Application for Exemption Certificate
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SECTION 00610
PERFORMANCE BOND
Bond No.
KNOW ALL PEOPLE BY THESE PRESENTS: that
(firm)
(address)
(an Individual), (a Partnership), (a Corporation) (a Limited Liability Company), hereinafter referred
to as the "PRINCIPAL" and
(Firm)
(Address)
hereinafter referred to as "the SURETY", are held and firmly bound unto City of Fort Collins, 300
Laporte Ave, Fort Collins, Colorado 80522, a home rule municipality, hereinafter referred to as
the "OWNER", in the penal sum of ($ ) in lawful money of the United States, for the
payment of which sum well and truly to be made, SURETY binds itself, its 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 CONTRACT with the OWNER, dated the [Day] day of [Month] in the year of 20[Year], a
copy of which is hereto attached and made a part hereof for the performance of the City of Fort
Collins Project, 9922 Water Meter Box Installation.
NOW, THEREFORE, if the PRINCIPAL shall well, truly and faithfully perform its duties, all the
undertakings, covenants, terms, conditions and agreements of the CONTRACT during the original
term thereof, and any extensions thereof which may be granted by the OWNER, with or without
any notice to the SURETY and during the life of the guaranty period, and if the PRINCIPAL shall
satisfy all claims and demands incurred under the CONTRACT, 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 SURETY, for value received, hereby stipulates and agrees that
no change, extension of time, alteration or addition to the terms of the CONTRACT 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 change, extension of time,
alteration or addition to the terms of the CONTRACT or to the Work or to the Specifications.
PROVIDED, FURTHER, that no final settlement between the OWNER and the PRINCIPAL shall
abridge the right of any beneficiary hereunder, whose claim may be unsatisfied.
PROVIDED, FURTHER, that the SURETY 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 this _____ day of , 20__.
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 before date of the CONTRACT. If CONTRACTOR is
Partnership, all partners should execute Bond.
ATTACH TO FORM WHEN SUBMITTED: Power of Attorney and Certificate of Authority of
Attorney(s)-in-Fact
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SECTION 00615
PAYMENT BOND
Bond No.
KNOW ALL PEOPLE BY THESE PRESENTS: that
(firm)
(address)
(an Individual), (a Partnership), (a Corporation) (a Limited Liability Company), hereinafter referred
to as the "PRINCIPAL" and
(Firm)
(Address)
hereinafter referred to as "the SURETY", are held and firmly bound unto the City of Fort Collins,
300 Laporte Ave., Fort Collins, Colorado 80522 , a home rule municipality, a home rule
municipality, 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 CONTRACT with the OWNER, dated the [Day] day of [Month] in the year of 20[Year], a
copy of which is hereto attached and made a part hereof for the performance of the City of Fort
Collins Project, 9922 Water Meter Box Installation.
NOW, THEREFORE, if the PRINCIPAL shall make payment to all persons, firms, subcontractors,
and corporations furnishing materials for or performing labor in the prosecution of the Work
provided for in the CONTRACT and any authorized extension or modification thereof, including
but not limited to, all amounts due for materials, lubricants, repairs on machinery, equipment and
tools, consumed, rented or used in connection with the construction of the Work, and all insurance
premiums on the Work, and for all labor, performed in the Work whether by subcontractor or
otherwise, then this obligation shall be void; otherwise to remain in full force and effect.
PROVIDED, FURTHER, that the SURETY, for value received, hereby stipulates and agrees that
no change, extension of time, alteration or addition to the terms of the CONTRACT 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 change, extension of time,
alteration or addition to the terms of the CONTRACT or to the Work or to the Specifications.
PROVIDED, FURTHER, that no final settlement between the OWNER and the PRINCIPAL shall
abridge the right of any beneficiary hereunder, whose claim may be unsatisfied.
PROVIDED, FURTHER, that the SURETY 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 this day of ,
20__.
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 before date of CONTRACT . If CONTRACTOR is
Partnership, all partners should execute Bond.
ATTACH TO FORM WHEN SUBMITTED: Power of Attorney and Certificate of Authority of
Attorney(s)-in-Fact
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SECTION 00630
CERTIFICATE OF INSURANCE
The CONTRACTOR will provide, from insurance companies acceptable to the OWNER, the
insurance coverage designated hereinafter and pay all costs. Before commencing work under
this Bid, the CONTRACTOR shall furnish the OWNER 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 OWNER, at its option,
may take out and maintain, at the expense of the CONTRACTOR, insurance as the OWNER may
deem proper and may deduct the cost of the insurance from any monies which may be due or
become due the CONTRACTOR under this CONTRACT.
Insurance certificates should show the certificate holder as follows:
City of Fort Collins
Purchasing Division
PO Box 580
Fort Collins, CO 80522
The OWNER, its officers, agents and employees shall be named as additional insureds on
the CONTRACTOR'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 CONTRACT.
Insurance coverages shall be as follows:
A. Workers' Compensation & Employer's Liability. The CONTRACTOR shall maintain during
the life of this CONTRACT for all of the CONTRACTOR’s employees engaged in work
performed under this CONTRACT. 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 CONTRACTOR shall maintain during the life of this CONTRACT
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 CONTRACT. 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 CONTRACTOR shall maintain during the life of this CONTRACT
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 CONTRACT.
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.
D. Builder’s Risk. The CONTRACTOR shall maintain during the term of this CONTRACT
builder’s risk insurance in the amount of full insurable replacement cost. The insurance
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shall:
Be written on a builder’s risk “all risk” policy form that shall at least include insurance for
physical loss or damage to the Work, temporary buildings, falsework, and materials and
equipment in transit, and shall insure against at least the following perils or causes of loss:
fire; lightning; windstorm; riot; civil commotion; terrorism; vehicle impact; aircraft; smoke;
theft; vandalism and malicious mischief; earthquake and other earth movement; flood;
collapse; explosion; debris removal; demolition; and water damage (other than that
caused by flood).
Cover, as insured property, at least the following: (a) the Work and all materials, supplies,
machinery, apparatus, equipment, fixtures, and other property of a similar nature that are
to be incorporated into or used in the preparation, fabrication, construction, erection, or
completion of the Work, including OWNER-furnished or assigned property; (b) spare parts
inventory required within the scope of the CONTRACT; and (c) temporary works which
are not intended to form part of the permanent constructed Work but which are intended
to provide working access to the Site, or to the Work under construction, or which are
intended to provide temporary support for the Work under construction, including
scaffolding, form work, fences, shoring, falsework, and temporary structures
E. Subcontractors. In the event any work is performed by a subcontractor, the
CONTRACTOR shall be responsible for any liability directly or indirectly arising out of the
work performed under this CONTRACT by a subcontractor, which liability is not covered
by the subcontractor's insurance.
F. Primary Coverage. For any claims related to the CONTRACT, CONTRACTOR’s
insurance shall be primary coverage, and any insurance or self-insurance maintained by
the OWNER, its officers, agents and employees shall be in excess of the
CONTRACTOR’s insurance and shall not contribute with it.
G. Waiver of Subrogation. CONTRACTOR will grant to the OWNER a waiver of any right of
subrogation which any insurer of CONTRACTOR may acquire against the OWNER by
virtue of any payment of any loss. CONTRACTOR agrees to obtain any endorsement that
may be necessary to affect this waiver of subrogation, but this provision applies regardless
of whether or not the OWNER has received a waiver of subrogation endorsement from
the insurer.
In the event any work is performed by a subcontractor, the CONTRACTOR shall be responsible
for any liability directly or indirectly arising out of the work performed under this CONTRACT by a
subcontractor, which liability is not covered by the subcontractor's insurance.
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SECTION 00635
CERTIFICATE OF SUBSTANTIAL COMPLETION
TO: CITY OF FORT COLLINS (OWNER)
DATE OF SUBSTANTIAL COMPLETION: PROJECT TITLE: 9922 Water Meter Box
Installation
PROJECT OR SPECIFIED PART SHALL LOCATION: Fort Collins, Colorado
INCLUDE:
OWNER: City of Fort Collins
CONTRACTOR: [Contractor]
CONTRACT DATE: [Date]
The Work performed under this CONTRACT 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 have achieved Substantial Completion on the
above date.
Pursuant to the CONTRACT Documents, CONTRACTOR has provided the following items,
where applicable:
Record Drawings (ie. final as-builts)
Operations & Maintenance Manuals
All applicable training
Commissioning
Third Party Warranties
Owner’s Extra Stock & Parts
Keys
Other:
Other:
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 CONTRACT Documents.
OWNER AUTHORIZED REPRESENTATIVE
DATE
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The CONTRACTOR accepts the above Certificate of Substantial Completion and agrees to
complete and correct the items on the tentative list on or before the Final Acceptance and
Completion date of , 20 .
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
, 20 .
CITY OF FORT COLLINS, COLORADO By:
OWNER AUTHORIZED REPRESENTATIVE
DATE
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SECTION 00640
CERTIFICATE OF FINAL ACCEPTANCE AND COMPLETION
Month, day , 20
TO: [CONTRACTOR]
You are hereby notified that on the day of , 20__, the City of
Fort Collins, Colorado, has accepted the Work completed by [CONTRACTOR] for the City of Fort
Collins Project, 9922 Water Meter Box Installation.
Pursuant to the CONTRACT Documents, CONTRACTOR has provided the following items:
A. All documentation called for in the CONTRACT Documents, including without
limitation certified payrolls as required for state or federally funded projects;
B. Consent of the SURETY, if any, to final payment;
C. Satisfactory evidence that all title issues have been resolved such that title to all Work,
materials, and equipment has passed to OWNER free and clear of any Liens or other
title defects or will so pass upon final payment.
D. A list of all disputes that CONTRACTOR believes are unsettled; and
E. Complete and legally effective releases or waivers (satisfactory to OWNER) of all Lien
rights arising out of the Work, and of Liens filed in connection with the Work.
Contractor]’s continuing obligations and guarantees for the Project will be as provided in the
CONTRACT Documents.
OWNER: City of Fort Collins
By:
Title:
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SECTION 00650
LIEN WAIVER RELEASE
(CONTRACTOR)
TO: City of Fort Collins, Colorado (OWNER)
FROM: [CONTRACTOR] (CONTRACTOR)
PROJECT: 9922 Water Meter Box Installation
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 the 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
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, 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 Payment and
Performance Bonds for the project.
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Signed this day of , 20 .
CONTRACTOR: [CONTRACTOR]
By:
Title:
ATTEST:
Secretary
STATE OF )
)ss.
COUNTY OF )
Subscribed and sworn to before me this day of , 20 ,
by (name(s) of individual(s)
making statement).
Witness my hand and official seal.
____________________________________ [SEAL]
(Notary’s official signature)
____________________________________
(Title of office)
____________________________________
(Commission Expiration)
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SECTION 00660
CONSENT OF SURETY
TO: City of Fort Collins, Colorado (hereinafter referred to as the "OWNER")
CONTRACTOR: [CONTRACTOR]
PROJECT: 9922 Water Meter Box Installation
CONTRACT DATE: [Date]
In accordance with the provisions of the CONTRACT between the OWNER and the
CONTRACTOR as indicated above, for (SURETY),
on bond , the SURETY hereby approves of the Final Payment to the
CONTRACTOR and agrees that Final Payment to the CONTRACTOR shall not relieve the
SURETY of any of its obligations to the OWNER, as set forth in the SURETY's Bonds.
IN WITNESS WHEREOF, the SURETY has hereunto set its hand this day of
, 20 .
By:
(SURETY)
ATTACH: Power of Attorney and Certificate of Authority of Attorney(s)-in-Fact.
STATE OF )
)ss.
COUNTY OF )
This record was acknowledged before me on _________________________, 20 _____.
By (name of officer or agent, title of officer or
agent)as (type of authority, such as officer or trustee)
of (name of corporation acknowledging), a
(state or place of incorporation) corporation, on behalf of the corporation.
Witness my hand and official seal.
[SEAL]
(Notary’s official signature)
____________________________________
(Title of office)
____________________________________
(Commission Expiration)
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SECTION 00670
APPLICATION FOR EXEMPTION CERTIFICATE
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SECTION 00700
GENERAL CONDITIONS
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SECTION 00800
SUPPLEMENTARY CONDITIONS
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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-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 Time and
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. Unless otherwise agreed by the parties, the CONTRACTOR shall be
responsible for documenting the meeting minutes which shall be subject to the
OWNER’S approval.
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:
Contractor may rely upon the accuracy of the technical data contained in the
geotechnical documents, but not upon nontechnical data, interpretations or opinions
contained therein or upon the completeness of any information in the report.
SC-5.4.7 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 in paragraphs 5.4.1 through 5.4.10 of the General
Conditions are as outlined in Section 00630 of the CONTRACT.
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The limits of liability for the insurance required by paragraphs 5.4.1 through 5.4.6
inclusive and requirements of 5.4.7 through 5.4.10 shall be in accordance with Section
00630 of the CONTRACT.
SC-8.0 OWNER’s Responsibilities
A. 8.1 Change reference to ENGINEER to PROJECT MANAGER
B. Add the following language to ARTICLE 8:
8.10. The OWNER will provide a project manager (the 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 to reject work and materials whenever 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
access so the Project Manager may perform his or her functions under
the CONTRACT Documents.
8.10.3 One or more Construction Inspector(s) (CI) 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 CI assignments. The CI 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 CI will not be responsible for
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CONTRACTOR's failure to perform or furnish the Work in accordance
with the CONTRACT Documents. The CI'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 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 5 of the CONTRACT 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 of the General Conditions.
Lost days due to abnormal weather conditions will be allocated as required. Should there
be a day with abnormal weather conditions, Contractor and the City Project Manager will
consult, before start of Work, and determine whether Work should begin or not,
documenting the decision in writing. In the event the parties mutually agree to suspend
Work due to weather, the Project Schedule may be extended on a day for day basis
equivalent to the period of time the Work was suspended for weather.
SC-CONFIDENTIALITY
IN CONNECTION WITH SERVICES provided to the City of Fort Collins (the “City”)
pursuant to this CONTRACT (the “CONTRACT”), 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 the information to obtain any
economic or other benefit for itself, or any third party, except as specifically authorized by
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the City.
The foregoing to the contrary notwithstanding, the Service Provider understands that it
shall have no obligation under this CONTRACT 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 CONTRACT, or (b) is required by law, regulation or court order to
be disclosed, provided that the request for 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 CONTRACT to anyone to whom it is required
to make disclosure and shall promptly advise the City in writing of each 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 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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SECTION 00900
CHANGE ORDERS AND PAYMENT
00950 CONTRACT Change Order
00955 Work Change Directive
00960 Application for Payment
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SECTION 00950
CHANGE ORDER
NO.
PROJECT TITLE: 9922 Water Meter Box Installation
CONTRACTOR: [Company Name]
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 Price:
4. Change in Time:
ORIGINAL 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 %
ADJUSTED COST $ .00
SERVICE PROVIDER: Date:
Name, Title
ACCEPTANCE: Date:
Name, Project Manager
REVIEWED: Date:
Name, Buyer II or Senior Buyer
ACCEPTANCE: Date:
Gerry Paul, Purchasing Director
(if greater than $60,000)
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SECTION 00955
WORK CHANGE DIRECTIVE
A. GENERAL INFORMATION
This document was developed for use in situations involving changes in the Work which, if
not processed expeditiously, might delay the Project. These changes are often initiated in the
field and may affect the Contract Price or the Contract Times. This is not a Change Order, but
only a directive to proceed with the Work that may be included in a subsequent Change Order.
For supplemental instructions and minor changes not involving a change in the Contract Price
or the Contract Times a Field Order should be used.
B. COMPLETING THE WORK CHANGE DIRECTIVE FORM
Engineer initiates the form, including a description of the items involved and attachments.
Based on conversations between the Engineer/Owner and Contractor, Engineer completes
the following:
METHOD OF DETERMINING CHANGE, IF ANY, IN CONTRACT PRICE: Mark the
method to be used in determining the final cost of Work involved and the estimated net
effect on the Contract Price. If the change involves an increase in the Contract Price and
the estimated amount is approached before the additional or changed Work is completed,
another Work Change Directive must be issued to change the estimated price or
Contractor may stop the changed Work when the estimated time is reached. If the Work
Change Directive is not likely to change the Contract Price, the space for estimated
increase (decrease) should be marked “Not Applicable”.
Once Engineer has completed and signed the form, all copies should be sent to Owner for
authorization because Engineer alone does not have authority to authorize changes in Price
or Times. Once authorized by Owner, a copy should be sent by Engineer to Contractor. Price
and Times may only be changed by Change Order signed by Owner and Contractor with
Engineer’s recommendation.
Article 10 of the General Conditions requires that a Change Order be initiated and processed
to cover any undisputed sum or amount of time for Work actually performed pursuant to this
Work Change Directive.
Once the Work covered by this directive is completed or final cost and times are determined,
Contractor should submit documentation for inclusion in a Change Order.
IF THIS IS A DIRECTIVE TO PROCEED WITH A CHANGE THAT MAY AFFECT THE
CONTRACT PRICE OR CONTRACT TIMES. A CHANGE ORDER, IF ANY, SHOULD BE
CONSIDERED PROMPTLY.
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WORK CHANGE DIRECTIVE
NO.
PROJECT TITLE: 9922 Water Meter Box Installation
CONTRACTOR: Name
ENGINEER: Name
PO NUMBER:
You are directed to proceed promptly with the following change(s):
Description:
Purpose of Work Change Directive:
Attachments: (List documents supporting change)
If OWNER OR CONTRACTOR believe that the above change has affected Contract Price, any
Claim for a Change Order based thereon will involve one or more of the following methods as
defined in the Contract Documents.
Method of determining change in Contract Price:
Unit Prices
Lump Sum
Cost of the Work
Estimated increase (decrease) in Contract Price: $
If the change involves an increase, the estimated amount is not to be exceeded without further
authorization.
Estimated increase (decrease) in Contract Times: Substantial Completion: days; Ready for
Final Acceptance: days
REQUESTED:
Name
CONTRACTOR AUTHORIZED REPRESENTATIVE
DATE
RECOMMENDED:
ENGINEER AUTHORIZED REPRESENTATIVE
DATE
AUTHORIZED:
OWNER AUTHORIZED REPRESENTATIVE
DATE
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Section 00960
APPLICATION FOR PAYMENT PAGE 1 OF 4
OWNER: City of Fort Collins
PROJECT: 9922 Water Meter Box
Installation APPLICATION NUMBER:
APPLICATION DATE:
PERIOD BEGINNING:
ENGINEER: CONTRACTOR: PERIOD ENDING:
PROJECT NUMBER:
CHANGE ORDERS Application is made for Payment as shown below in connection with CONTRACT
NUMBER DATE AMOUNT The present status of the account for this CONTRACT is as follows:
1
2 Original CONTRACT Amount: $
3 Net Change by Change Order: $
Current CONTRACT Amount: $
Total Completed and Stored to Date: $
Less Previous Applications: $
Amount Due this Application - Before Retainage $
Less Retainage $
Net Change by Change Order $0.00 AMOUNT DUE THIS APPLICATION: $
CERTIFICATION:
The undersigned CONTRACTOR certifies that all obligations of CONTRACTOR incurred in connection with the Work have been satisfied as required in Paragraph 14.3. of
the General Conditions of the CONTRACT.
OR
The undersigned CONTRACTOR certifies that to the best of its knowledge, information and belief the Work covered by this Application for Payment has been completed in
accordance with the CONTRACT Documents, that all accounts have been paid for Work for which previous Applications for Payment were issued and payments received,
and this current payment requested herein is now due.
The above Amount Due this Application is requested by the CONTRACTOR.
Date: By:
In accordance with the CONTRACT Documents, based on site observations and the data comprising the above Application, the ENGINEER certifies to the OWNER that the
Work has progressed to the point indicated; that to the best of its knowledge, information and belief, the quality of the Work is generally in accordance with the CONTRACT
Documents, and that the CONTRACTOR is entitled to payment of the amount requested herein subject to any set-offs set forth on the attached exhibit.
Payment of the above Amount Due This Application is recommended by the ENGINEER.
Date: By:
Payment of the above Amount Due This Application has been reviewed by the OWNER'S Project Manager.
Date: By:
Payment of the above Amount Due This Application is approved by the OWNER.
Bid 9922 Water Meter Box Installation Page 132 of 134
Date: By:
CONTRACT AMOUNTS APPLICATION FOR PAYMENT PAGE 2 OF 4
Work
Completed
Work
Completed
Work
Completed Stored
Bid This Month
Previous
Periods To Date Materials Total
Item This Earned Percent
Number Description Quantity Units
Unit
Price Amount Qty. Amount Qty. Amount Qty. Amount Period
To
Date Billed
$0.00 $0.00 $0.00 $0.00 $0.00
$0.00 $0.00 $0.00 $0.00 $0.00
$0.00 $0.00 $0.00 $0.00 $0.00
$0.00 $0.00 $0.00 $0.00 $0.00
$0.00 $0.00 $0.00 $0.00 $0.00
$0.00 $0.00 $0.00 $0.00 $0.00
$0.00 $0.00 $0.00 $0.00 $0.00
$0.00 $0.00 $0.00 $0.00 $0.00
$0.00 $0.00 $0.00 $0.00 $0.00
$0.00 $0.00 $0.00 $0.00 $0.00
$0.00 $0.00 $0.00 $0.00 $0.00
$0.00 $0.00 $0.00 $0.00 $0.00
$0.00 $0.00 $0.00 $0.00 $0.00
$0.00 $0.00 $0.00 $0.00 $0.00
$0.00 $0.00 $0.00 $0.00 $0.00
$0.00 $0.00 $0.00 $0.00 $0.00
$0.00 $0.00 $0.00 $0.00 $0.00
$0.00 $0.00 $0.00 $0.00 $0.00
$0.00 $0.00 $0.00 $0.00 $0.00
$0.00 $0.00 $0.00 $0.00 $0.00
$0.00 $0.00 $0.00 $0.00 $0.00
$0.00 $0.00 $0.00 $0.00 $0.00
$0.00 $0.00 $0.00 $0.00 $0.00
$0.00 $0.00 $0.00 $0.00 $0.00
$0.00 $0.00 $0.00 $0.00 $0.00
$0.00 $0.00 $0.00 $0.00 $0.00
$0.00 $0.00 $0.00 $0.00 $0.00
$0.00 $0.00 $0.00 $0.00 $0.00
$0.00 $0.00 $0.00 $0.00 $0.00
Bid 9922 Water Meter Box Installation Page 133 of 134
TOTALS $0.00 $0.00 $0.00 $0.00 $0.00
CHANGE ORDERS APPLICATION FOR PAYMENT PAGE 3 OF 4
Work
Completed
Work
Completed
Work
Completed Stored
Bid This Month Previous
Periods To Date Materials Total
Item This Earned Percent
Number Description Quantity Units
Unit
Price Amount Qty. Amount Qty. Amount Qty. Amount Period To
Date Billed
$0.00 $0.00 $0.00 $0.00 $0.00
$0.00 $0.00 $0.00 $0.00 $0.00
$0.00 $0.00 $0.00 $0.00 $0.00
$0.00 $0.00 $0.00 $0.00 $0.00
$0.00 $0.00 $0.00 $0.00 $0.00
$0.00 $0.00 $0.00 $0.00 $0.00
$0.00 $0.00 $0.00 $0.00 $0.00
$0.00 $0.00 $0.00 $0.00 $0.00
$0.00 $0.00 $0.00 $0.00 $0.00
$0.00 $0.00 $0.00 $0.00 $0.00
$0.00 $0.00 $0.00 $0.00 $0.00
$0.00 $0.00 $0.00 $0.00 $0.00
$0.00 $0.00 $0.00 $0.00 $0.00
$0.00 $0.00 $0.00 $0.00 $0.00
$0.00 $0.00 $0.00 $0.00 $0.00
$0.00 $0.00 $0.00 $0.00 $0.00
$0.00 $0.00 $0.00 $0.00 $0.00
$0.00 $0.00 $0.00 $0.00 $0.00
$0.00 $0.00 $0.00 $0.00 $0.00
$0.00 $0.00 $0.00 $0.00 $0.00
$0.00 $0.00 $0.00 $0.00 $0.00
$0.00 $0.00 $0.00 $0.00 $0.00
$0.00 $0.00 $0.00 $0.00 $0.00
TOTALS CHANGE ORDERS $0.00 $0.00 $0.00 $0.00 $0.00
PROJECT TOTALS $0.00 $0.00 $0.00 $0.00 $0.00
Bid 9922 Water Meter Box Installation Page 134 of 134
STORED MATERIALS
SUMMARY PAGE 4 OF 4
On Hand Received Installed On Hand
Item Invoice Previous This This This
Number Number Description Application Period Period Application
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
TOTALS $0.00 $0.00 $0.00 $0.00