HomeMy WebLinkAboutRFP - 9996 Playground Designer and Manufacturer for Schoolside ParkRFP 9996 Playground Design and Manufacturer for Schoolside Park Page 1 of 218
REQUEST FOR PROPOSAL
9996 PLAYGROUND DESIGNER AND MANUFACTURER FOR SCHOOLSIDE PARK
RFP DUE: 3:00 PM MT (Mountain Time), June 12, 2024
The City of Fort Collins is requesting proposals from qualified Playground Designer(s) and
Manufacturer(s) to provide services for playground design, manufacture, and installation for the
Schoolside Park Project. The City may choose to select (1) or more Playground Designer(s) and
Manufacturer(s) at the City’s sole discretion.
As part of the City’s commitment to sustainability, proposals must be submitted online through
the Rocky Mountain E-Purchasing System (RMEPS) at http://www.bidnetdirect.com/colorado/city-
of-fort-collins. Note: please ensure adequate time to submit proposals through RMEPS. Proposals
not submitted by the designated Opening Date and Time will not be accepted by RMEPS.
A pre-proposal meeting will be held at 10:00 AM MT on May 29, 2024. The pre-proposal
meeting will be hosted on-line via Microsoft Teams or Zoom. Select or copy/paste the below link
into your browser for access to the meeting. Please be prepared to announce your name and
mute your microphone:
Join the meeting now
https://teams.microsoft.com/l/meetup-
join/19%3ameeting_N2ZhZTE3OWYtZWU5Yy00MDJkLWE0ZWEtOGE0ZmVhOTljZTA5%40thr
ead.v2/0?context=%7b%22Tid%22%3a%2247fa2f5f-0d0a-4a68-b431-
6d1a27b66660%22%2c%22Oid%22%3a%2237299b31-8a43-4b66-8642-
b5358a21cda9%22%7d
Alternatively, the pre-proposal meeting can be accessed via phone at the below call-in and
conference ID. This option will only allow you to hear the audio presentation.
Call-in number: 1-970-628-0892
Conference ID: 295 566 073#
All questions should be submitted, in writing via email, to Adam Hill, Senior Buyer at
adhill@fcgov.com, with a copy to Amanda Castelli, Project Manager, at
acastelli@fcgov.com, no later than 3:00 PM MT on June 5, 2024. Please format your e-mail
to include: RFP 9996 Playground Design and Manufacturer for Schoolside Park in the subject
line. Questions received after this deadline may not be answered. Responses to all questions
submitted before the deadline will be addressed in an addendum and posted on the Rocky
Mountain E-Purchasing System webpage.
Rocky Mountain E-Purchasing System hosted by BidNet
A copy of the RFP may be obtained at http://www.bidnetdirect.com/colorado/city-of-fort-collins.
This RFP has been posted utilizing the following Commodity Code(s):
650 12 Climbers, Playground
Financial Services
Purchasing Division
215 N. Mason St. 2nd Floor
PO Box 580
Fort Collins, CO 80522
970.221.6775
970.221.6707
fcgov.com/purchasing
RFP 9996 Playground Design and Manufacturer for Schoolside Park Page 2 of 218
650 18 Combination Sets, Playground
650 38 Playground Equipment
650 54 Seesaws, Playground
650 60 Slides, Playground
650 72 Swings, Playground
931 65 Park, Playground, Swimming Pool Maintenance and Repair
988 73 Playground Equipment Maintenance and Repair
Prohibition of Unlawful Discrimination: The City of Fort Collins, in accordance with the
provisions of Title VI of the Civil Rights Act of 1964 (78 Stat. 252, 42 US.C. §§ 2000d to 2000d-
4) and the Regulations, hereby notifies all bidders that it will affirmatively ensure that any contract
entered into pursuant to this advertisement, disadvantaged business enterprises will be afforded
full and fair opportunity to submit bids in response to this invitation and will not be discriminated
against on the grounds of race, color, or national origin in consideration for an award.
The City strictly prohibits unlawful discrimination based on an individual’s gender (regardless of
gender identity or gender expression), race, color, religion, creed, national origin, ancestry, age
40 years or older, marital status, disability, sexual orientation, genetic information, or other
characteristics protected by law. For the purpose of this policy “sexual orientation” means a
person’s actual or perceived orientation toward heterosexuality, homosexuality, and bisexuality.
The City also strictly prohibits unlawful harassment in the workplace, including sexual
harassment. Further, the City strictly prohibits unlawful retaliation against a person who engages
in protected activity. Protected activity includes an employee complaining that he or she has been
discriminated against in violation of the above policy or participating in an employment
discrimination proceeding.
The City requires its Playground Designer(s) and Manufacturer(s) 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 Playground Designer(s) and
Manufacturer(s) and their subcontractors/subconsultants at every tier.
Public Viewing Copy: The City is a governmental entity subject to the Colorado Open Records
Act, C.R.S. §§ 24-72-200.1 et seq. (“CORA”). Any proposals submitted hereunder are subject to
public disclosure by the City pursuant to CORA and City ordinances. Playground Designer(s) and
Manufacturer(s) may submit one (1) additional complete proposal clearly marked “FOR PUBLIC
VIEWING.” In this version of the proposal, Playground Designer(s) and Manufacturer(s) may
redact text and/or data that it deems confidential or proprietary pursuant to CORA. All pricing will
be considered public records subject to disclosure under CORA and as such pricing cannot be
redacted from the “FOR PUBLIC VIEWING” version of the proposal. Failure to provide a public
viewing copy will be considered a waiver of any claim of confidentiality under CORA without
regard to how the applicant’s proposal or certain pages of the proposal are marked confidential,
proprietary, or similar. Such statement does not necessarily exempt such documentation from
public disclosure if required by CORA, by order of a court of appropriate jurisdiction, or other
applicable law. Generally, under CORA, trade secrets, confidential commercial information and
financial data information may not be disclosed by the City. Proposals may not be marked
“Confidential” or ‘Proprietary’ in their entirety. By responding to this RFP, Playground Designer(s)
and Manufacturer(s) hereby waives any and all claims for damages against the City for the City’s
good faith compliance with CORA. All provisions and pricing of any contract resulting from
this request for proposal will be public information.
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Playground Designer(s) and Manufacturer(s) Registration: The City requires new Playground
Designer(s) and Manufacturer(s) receiving awards from the City to submit IRS form W-9 and
requires all Playground Designer(s) and Manufacturer(s) to accept Direct Deposit (Electronic)
payment. If needed, the W-9 form and the Vendor Direct Deposit Authorization Form can be
found on the City’s Purchasing website at www.fcgov.com/purchasing under Vendor Reference
Documents. Please do not submit these documents with your proposal, however, if you take
exception to participating in Direct Deposit (Electronic) payments please clearly note such in your
proposal as an exception. The City may waive the requirement to participate in Direct Deposit
(Electronic) payments at its sole discretion.
Sales Prohibited/Conflict of Interest: No officer, employee, or member of City Council, shall
have a financial interest in the sale to the City of any real or personal property, equipment,
material, supplies or services where such officer or employee exercises directly or indirectly any
decision-making authority concerning such sale or any supervisory authority over the services to
be rendered. This rule also applies to subcontracts with the City. Soliciting or accepting any gift,
gratuity favor, entertainment, kickback or any items of monetary value from any person who has
or is seeking to do business with the City of Fort Collins is prohibited.
Collusive or Sham Proposals: Any proposal deemed to be collusive or a sham proposal will be
rejected and reported to authorities as such. Your authorized signature of this proposal assures
that such proposal is genuine and is not a collusive or sham proposal.
The City of Fort Collins reserves the right to reject any and all proposals and to waive any
irregularities or informalities.
Utilization of Award by Other Agencies: The City of Fort Collins reserves the right to allow
other state and local governmental agencies, political subdivisions, and/or school districts to
utilize the resulting award under all terms and conditions specified and upon agreement by all
parties. Usage by any other entity shall not have a negative impact on the City of Fort Collins in
the current term or in any future terms.
The selected Playground Designer(s) and Manufacturer(s) shall be required to sign the City’s
Agreement prior to commencing services (see sample attached to this document).
Sincerely,
Gerry Paul
Purchasing Director
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I. OBJECTIVE & PROJECT OVERVIEW
A. Objective
On behalf of the Park Planning and Development Department, the City of Fort Collins is seeking
proposals for playground designer(s) and manufacturer(s) to provide playground design and to
manufacture, store, delivery and installation play equipment for Schoolside Park. The Playground
Designer(s) and Manufacturer(s) is required to be knowledgeable of current Americans with
Disabilities Act (ADA) standards, Fort Collins building codes, Consumer Product Safety
Commission (CPSC) regulations, and American Society for Testing Materials (ASTM) standards,
and is International Play Equipment Manufacturers Association (IPEMA) certified and can supply
commercial grade-play equipment.
B. Project Overview
Schoolside Park is a 5.3 -acre park site and will include a children’s playground, sensory walk,
teen hangout area and other supported park amenities. The park is located at 5830 South
Timberline Road, north of Zephyr Road and adjacent to Bacon Elementary School in Fort Collins,
Colorado. The site is triangular and is bordered by the Mail Creek Ditch to the north and east,
South Timberline Road to the west, and Bacon Elementary to the south. See Attachment A – Park
Location Map. Given safety setback requirements for playgrounds from busy streets such as
Timberline Road and open water sources like the adjacent Mail Creek Ditch, the playground will
need to be fenced.
Schoolside Park will be built by a General Contractor (GC) selected by the City. The selected
Playground Designer(s) and Manufacturer(s) will be required to work with the GC and the City
Project Manager to schedule installation of the playground equipment. The City may have one or
multiple Playground Designer(s) and Manufacturer(s) deliver the final playground equipment for
the park. The City anticipates the scope of work to be divided into 2 major tasks:
Task 1: Playground design, development, and shop drawings;
Task 2: Manufacture, storage, delivery, and installation of the selected equipment;
II. PROJECT DESCRIPTION AND PROJECT FUNDING
A. Project Description
The conceptual design for the park and conceptual site perspective are shown in
Attachment B – Concept Plan and Attachment C – Concept Perspective. These images
provide an overall look and feel desired for the park, but should not be interpreted as final,
pre-determined park or play experiences.
Bacon Elementary School, adjacent to the future park site offers a Center Based Autism
Program designed to support students with Autism Spectrum Disorder (ASD). The school
aims to create an inclusive and supportive environment where students with autism can
thrive academically, socially, and emotionally. We would like to extend this same
philosophy into the playground. In addition to the typical 2-12 age group, the school offers
a pre-schol program.
There are two (2) play zones this RFP includes: the Children’s Playground and Sensory
Walk (2-12) and Teen Hangout Area (13+).
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Children’s Playground & Sensory Walk
A concept for the playground and sensory walk has been prepared, (See Attachment C –
Concept Perspective & Attachment D – Playground & Sensory Walk Concept).The City is
in search of a playground design with a theme that embraces a fresh and modern
interpretation of nature and science. The City aims to create an inclusive environment with
play equipment that encourages functional, interconnected play, catering to ages 2-12 with
a few opportunieies to engage pre-school age children if possible. Through neighborhood
outreach, we've identified bouldering, climbing, spinning, swinging, and a zipline as top
priorities for the playground. Muted earth tones, such as muted yellows, greens, and blue
are preferred over bright and vibrant shades. Given the proximity to the school and
neighboring communities, the playground design should include lower structures with
ground-level access, transfer stations, belting, or ramps, rather than large tower structures.
Overall, the playground should provide a dynamic and immersive experience that blends
modern aesthetics with nature and science-inspired elements. The playground surfacing
for the playground is anticipated to include a combination of poured-in-place surfacing and
engineered wood fiber, budget permitting. While playground surfacing is not included in the
scope of this RFP, feel free to identify proposed surfacing options in your design concepts.
The City will work with the selected Playground Designer(s) and Manufacturer(s) to refine
and develop these concepts in more detail.
The sensory walk is intended to incorporate a variety of sensory elements. These elements
can be located along the walk, integrated into the walk itself, or interact with visitors
overhead. The intent is to provide a sensory experience through textures, colors, and
gentle sounds. An example of a sensory element that could be provides is a quiet seating
nook. The sensory area is intended to be paved; Safety surfacing will not be provided in
this area.
Teen Hangout
A general concept for the teen hangout area has been prepared, (See Attachment E –
Teen Hangout Concept). The teen hangout area is intended for ages 13+. This area
features a multi-use court, seating area and a fitness zone. The goal of the fitness zone is
to provide small obstacle course and/or performance climbing boulder for ages 13 and
older. The surfacing for the fitness zone is anticipated to include engineered wood fiber.
The total square footage for the Children’s Playground is 7,340 sf. It is suggested that
Play Area 1 include all play equipment for ages 2-5 and the structure for ages 5-12. Play
Area 2 can acconmondate the zipline and all swings.(See Attachment D – Playground &
Sensory Walk Concept) Playground Designer(s) and Manufacturer(s) can deviate from
this suggestion if they believe they have a better alternative.
Below is proposed breakdown the Children’s Playground:
Ages 2-5 Play Equipment:
o Full-bucket toddler swings (2 swings);
o Non-traditional play structure featuring inclusive play opportunities;
o Spinner (preferably wheelchair accessible);
o Freestanding equipment for motion, balance and climbing;
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o Approximate budget $70-$150k (design, equipment, store, delivery & install)
o Play surfacing (to be provided by others)
o As space and budget allows, a small play house for pre-school age children;
Ages 5-12 Play Equipment:
o Non-traditional play structure featuring inclusive play opportunities;
o Freestanding equipment for motion, balance and climbing;
o Swings (2 bays with 2 belt swings and 2 ADA swings)
o Approximate budget $70-$150k (design, equipment, store, delivery & install)
o Play surfacing (to be provided by others);
Sensory Walk:
o All ages and abilities;
o Communication sign (non-verbal);
o Creative accessible sensory play feature/features not requiring safety
surfacing;
o Approximately 1,000 sf +/- (play elements to be placed throughout the
space)
o Approximate budget $8k (design, equipment, store, delivery & install)
o Paved area; No safety surfacing provided;
Teen Hangout:
o Ages 13+;
o Approximately 790 sf +/-
o Approximate budget $90-$100k (design, equipment, store, delivery & install)
o Play surfacing (to be provided by others)
The City is requesting from the Playground Designer(s) and Manufacturer(s) a design
concept which includes all of the mentioned above bullets and fully utilizes the entire
playground footprint while maintaining applicable fall zones. The Playground Designer(s)
and Manufacturer(s) will be responsible for the design, engineering, ADA compliance, and
cost estimating support necessary for completion of the playground project from
schematic design through installation and acceptance.
The City contracted GC will be responsible for preparing the existing site, including
establishment of subgrades and installation of site work (access ramps, drainage systems,
adjacent concrete sidewalks, and concrete curb walls).
The City currently anticipates installation of the playground in summer-fall of 2025.
B. Project Funding
The playground equipment budget is approximately $238,000-$408,000. This budget
includes design, manufacturing/fabrication, storage, delivery and installation.
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III. SCOPE OF PROPOSAL
A. Scope of Work
The following is an outline of a general scope of work. Additional tasks that the Playground
Designer(s) and Manufacturer(s) determine necessary to assure a good deliverable design
product and ultimately a high-quality playground should be addressed in the proposal.
Task One – Playground Design Development and Shop Drawings
1. Work with City staff to refine and advance the playground concept design (this may
include several rounds of review and revisions) including progress plans and
supporting documents of the playground design such as renderings and CAD
drawings.
2. Participate in budgeting / value engineering as needed for the playground.
3. Attendance at and participation in several progress meetings (attendance may be via
conference call/video conferencing).
Task Two – Playground Manufacture, Storage, Delivery & Installation
1. Playground equipment will be manufactured & delivered to the site directly or if
equipment arrives before intended installation date, the equipment will be stored by the
Playground Designer(s) and Manufacturer(s).
2. Coordination of installation with the City’s Project Manager and the selected GC.
3. Playground equipment will be installed by the Playground Designer(s) and
Manufacturer(s).
4. Playground Designer(s) and Manufacturer(s) sales representative and/or installer must
attend a follow-up inspection with a Certified Playground Safety Inspector prior to City
acceptance of the equipment, installation, and final payment. The City will hire the
Certified Playground Safety Inspector. A timely correction of all non-compliant items
noted by the auditor is expected.
B. Anticipated Schedule
The following represents the City’s target schedule for the RFP. The City reserves the right to
amend the target schedule at any time.
RFP issuance: May 15, 2024
Pre-Proposal Meeting: 10:00 AM MST MT on May 29, 2024
Question deadline: 3:00 PM MT on June 5, 2024
Final Addendum Issued: June 7, 2024
Proposal due date: 3:00 PM MT on June 12, 2024
Potential Interviews: Week of June 17, 2024
Award of Contract (tentative): June 24, 2024
Project Schedule
Project Kick-Off Meeting Upon execution of Services Agreement and Work
Order 1
Playground Final Design Complete October 2024
GC Mobilization Spring 2025
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GC Construction Spring 2025 – Fall 2025
Installation of Play Equipment Summer / Fall 2025 (To be coordinated with GC)
IV. GENERAL GUIDELINES AND REQUIREMENTS
A. Proposals
1. Cost of Proposal Preparation. No reimbursement will be made by the City for
any costs incurred prior to a formal Notice to Proceed.
2. The City reserves the right to accept or reject any or all proposals and to waive
irregularities or technicalities in any proposal when in the best interest of the City.
3. The submission of a proposal indicates acceptance of the terms and conditions of
this RFP, unless otherwise stated. The City reserves the right to accept or reject any
exception taken to the RFP.
4. In addition to submitting a written proposal, the top-rated proposers may be
interviewed by the RFP assessment team and asked to participate in an oral
presentation to provide an overview of the company, approach to the project and to
address questions.
5. Any costs to the City not specifically set forth in this RFP will be the responsibility of
the Playground Designer(s) and Manufacturer(s) and will be deemed included in the
fees and charges proposed herein. This includes, but is not limited to, costs
associated with design, manufacturer, storage, delivery, and installation.
6. Responses may be rejected if any of the following are not performed:
To adhere to one or more of the provisions established in this RFP;
To demonstrate competence, experience, and ability to provide the manufactured
equipment described in this RFP;
To submit a response on or before the deadline and complete all required forms;
To respond to a written request for clarification or additional information by the
stated deadline.
7. Financial Qualifications (CONFIDENTIAL)
Playground Designer(s) and Manufacturer(s) selected as finalists may be required
to submit a banking reference and the most recent financial statement (audited
preferred) including balance sheet and income statement, as well as a statement of
cash flows (the “Financial Information”).
8. Work Orders
The awarded Playground Designer(s) and Manufacturer(s) will be required to sign
the City’s Work Order Type Agreement, a sample of which is attached as Section
VII for reference purposes. In the event that the City has agreements with multiple
Playground Designer(s) and Manufacturer(s) for the Work, the City reserves the
right to request proposals for individual Work Order assignments from the awarded
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Playground Designer(s) and Manufacturer(s) or assign Work Orders directly to a
Playground Designer(s) and Manufacturer(s) at its sole discretion. Selection for
individual Work Orders may be based on, but not limited to, availability, approach,
prior experience, firm capability, and cost.
Individual Work assignments will be requested and agreed to utilizing the City’s
Work Order (included in the Agreement). Each Work Order must include a start and
completion date, total cost and a Scope of Work. Subsequent supporting
documentation pages may include a project schedule, deliverables, hours, cost
detail supporting total cost, and personnel details. Fees outlined in the Work Order
will conform with those stated in the Agreement.
No Work Order over $7,500 will be considered valid until signed, at a minimum, by
the Playground Designer(s) and Manufacturer(s), project manager and Purchasing
Department representative. Depending on the cost and nature of the Work,
additional signature authorization may be required. Any changes to the dates, cost
or scope of any Work Order must be agreed upon in writing utilizing the City’s
Change Order (included in the Agreement) and will not be considered valid until
signed, at a minimum, by the Playground Designer(s) and Manufacturer(s), project
manager and Purchasing Department representative.
B. Standards and General Information
1. The City has developed a Building Design Standards Manual. Design will follow
these standards unless exempted by the City. This manual is available online and
can be viewed at: https://www.fcgov.com/opserv/design-standards.php.
2. Current Standards: All work and/or materials must meet current standards in force
by recognized technical and professional societies, trade and materials supply
associations, institutes and organizations, bureaus and testing laboratories, and
national, federal, state, county, and local laws, codes and ordinances.
3. Workmanship shall meet or exceed existing industry standards. All materials and/or
service shall comply with applicable OSHA regulations in effect at the time materials
are shipped and/or the service is performed. Material Safety Data Sheets (MSDS)
are required in accordance with applicable regulations. Material Safety Data Sheets
must be left on site immediately after materials and/or services have been provided.
4. The selected Playground Designer(s) and Manufacturer(s) will be required to
provide the City with complete, signed, and sealed plans and specifications from an
architect or engineer licensed in the State of Colorado, for custom playground
structures, depending on the final design.
5. The City is exempt from all state taxation including state sales and use taxes.
6. Travel and Expenses: Not provided.
7. Fees, Licenses, Permits: The awarded Playground Designer(s) and Manufacturer(s)
shall be responsible for obtaining any necessary licenses, fees or permits without
additional expense to the City. All vehicles shall be properly licensed and insured,
carry the appropriate permits and be placarded as required by law.
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8. Laws & Regulations: The Playground Designer(s) and Manufacturer(s) agrees to
comply fully with all applicable local, State of Colorado and Federal laws and
regulations and municipal ordinances to include American Disabilities Act (ADA).
C. Invoicing and Payment:
1. Invoices should be emailed monthly to invoices@fcgov.com with a copy to the
Project Manager. The cost of the Work completed shall be paid to the Playground
Designer and Manufacturer each month following the submittal of a correct invoice
by the Playground Designer and Manufacturer indicating the project name,
Purchase Order number, task description, hours worked, personnel/work type
category, hourly rate for each employee/work type category, date of the work
performed specific to the task, percentage of that work that has been completed by
task, 3rd party supporting documentation with the same detail and a brief progress
report.
2. Payments will be made using the prices listed on the agreed-to Price Schedule. In
the event a service is requested which is not listed on the Price Schedule, the
Vendor and the City will negotiate an appropriate unit price for the service prior to
Consultant initiating such work.
The City pays invoices on Net 30 term.
V. SUBMITTAL REQUIREMENTS
Qualified Playground Designer(s) and Manufacturer(s) interested in performing the work
described in this RFP must submit a complete proposal which addresses all elements of this
RFP. Proposals to be submitted in PDF format. Pages are to be numbered. Page length not
to exceed (30) double sided or (60) single pages. Graphics or charts may be presented on
11” x 17” size paper if necessary. Cover pages, divider sheets, and Proposal
Acknowledgement Form (See Section VII) are excluded from the page limit. Responses
must include all items listed below.
Font shall be a minimum of 10 Arial and margins are limited to no less than .5” for sides and
top/bottom. Extended page sizes, such as 11” x 17”, count as a single page and may be
used for detailed pricing. Proposals that do not conform to these requirements may be
rejected.
Playground Designer(s) and Manufacturer(s) are required to provide detailed written
responses to the following items in the order outlined below. The responses shall be
considered technical offers of what Playground Designer(s) and Manufacturer(s) propose to
provide and shall be incorporated in the contract award as deemed appropriate by the City.
A proposal that does not include all the information required may be deemed non-
responsive and subject to rejection.
A. Cover Letter/Executive Summary: Provide a summary of your understanding of
the project, project complexities, project schedule, milestones, and project issues.
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B. Company Overview: Provide a company overview description and indicate unique
capabilities your organization will bring to this project, as indicated by prior
successful completion of similar projects. Describe your company’s background,
number of years in business, ownership details, an overview of services offered and
qualifications, size, primary location and address, and primary contact information.
List any liens or unsatisfied judgments presently existing against your organization.
If your organization has no liens or unsatisfied judgments, please communicate this
as well. Provide all company warranty information of both custom play equipment,
“off-the shelf” equipment and installation.
C. Team Profile/Subcontractors/Subconsultants: Provide information regarding the team
you propose to work on this project, including the availability and commitment of key
personnel, with titles and tasks identified. Include experience addressing: recreation and
play opportunities, maintenance considerations, public safety, environmental and utility
challenges and working in collaboration with a project design team including any experience
with project completed under the GC approach.
Playground Designer(s) and Manufacturer(s) will be responsible for identifying any
subcontractors and/or subconsultants in their proposal. Please note that the City will
contract solely with the awarded Playground Designer(s) and Manufacturer(s); therefore,
subcontractors and/or subconsultants will be the responsibility of the Playground
Designer(s) and Manufacturer(s).
D. Similar Project Experience: Provide examples of similar sized and/or themed
playgrounds, installed within the last 5years for a minimum of 3 and maximum of 5
projects. Provide project location and references from companies or agencies that
have purchased playgrounds from your company (and have owned the product for
at least one year). Include contact’s name, title, address, telephone numbers and e-
mail addresses.
E. Concept Plans & Images:
Provide a concept plan, imagery, sketches or illustrations that convey the
general design intent for the Children’s Playground and Sensory Walk as well
as for the Teen Hangout area.
The Schoolside Park project has a number of stated goals, including fun,
accessible, creative, and healthy play environments. Please provide a
description of how this incorporates the themes of science and nature.
Design should clearly identify the number of play events, including ADA
accessible events, included in each design concept.
F. Schedule: Provide a project schedule based on installation window beginning
Summer 2025 and installation completion by Fall 2025 (timing to be finalized in
conjunction with the GC schedule).
Include major milestones including design, manufacture, delivery, and installation;
G. Costs: Playground Designer(s) and Manufacturer(s) shall submit an itemized
estimated cost to develop the design, manufacture, store, deliver and install the
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proposed playground equipment. Please breakout cost by playground equipment
piece, total cost per area and cumulative total project cost.
H. Sustainability/TBL Methodology
In concise terms (no more than two pages), please describe your organization’s commitment
to sustainability and supporting values.
Each element of the TBL sustainability criteria will receive equal consideration in determining
the final Sustainability/TBL score.
1. Address how your firm strives to incorporate all three aspects (social, environmental, and
economic) of Triple Bottom Line (TBL) sustainable practices into the workplace. Provide
examples along with any metrics used to measure success within your firm.
2. Also provide examples of how your firm has incorporated all three aspects of TBL
sustainable practices in previous similar projects on which your firm has been the prime
Playground Designer(s) and Manufacturer(s).
Some examples are provided below:
a. Environmental – Experience delivering projects / programs focused on environmental
health priorities in the areas of climate resiliency, water quality and watershed
protection, regulatory performance, management systems, air quality, renewable
energy, sustainable building and design, construction materials management, and
solid waste reduction.
b. Economic – Experience working and delivering projects with an emphasis on
strategic financial planning, job creation, business development, asset management,
various project delivery methods, value engineering, regional partnerships,
transparency, stakeholder engagement, strategic investments, aging infrastructure,
repurposing of existing facilities, and competing financial priorities.
c. Social - Experience working and delivering projects, programs, and/or initiatives that
support Equity, Diversity, and Inclusion throughout your firm’s workplace, including
leadership, and supply chain. Examples of this may be demonstration of working
within cultural and language gaps, development of diversity programs, diverse
project teams, equitable opportunity vendor supply chain, and how your firm has
applied an equity lens to processes such as recruitment, hiring, purchasing, career
pathways, salaries, and staff engagement.
I. Sample Agreement
Included with this RFP is a sample Agreement that the City intends to use for obtaining
the services of the Playground Designer(s) and Manufacturer(s). The Playground
Designer(s) and Manufacturer(s) is required to review this Agreement and indicate any
objections to the terms of the contract. If revisions to the contractual terms are
requested, provide suggested revisions.
J. Acknowledgement
The Acknowledgement form is attached as Section VII. Complete the attached form
indicating the Playground Designer(s) and Manufacturer(s) hereby acknowledges
receipt of the City RFP and acknowledges that the Playground Designer(s) and
Manufacturer(s) has read and agrees to be fully bound by all of the terms, conditions
and other provisions set forth in the RFP.
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VI. REVIEW AND ASSESSMENT
An evaluation committee will independently evaluate the merit of proposals received,
according to the criteria table shown below. The evaluation committee may conduct
discussions with a Playground Designer(s) and Manufacturer(s) who submits an acceptable
proposal. Playground Designer(s) and Manufacturer(s) shall be accorded fair and equal
treatment with respect to any opportunity for discussion and revision of proposals.
WEIGHTING
FACTOR CATEGORY STANDARD QUESTIONS
1.0 Scope of
Proposal
Does the proposal address all elements of the RFP? Does
the proposal show an understanding of the project
objectives, methodology to be used and results/outcomes
required by the project?
3.0
Company & Team
Qualifications and
Project
Experience
Does the firm have the resources, financial strength,
capacity and support capabilities required to successfully
complete the project on-time and in-budget? Has the firm
successfully completed previous projects of this type and
scope?
3.0
Creativity:
Concept Plans &
Images
Are the concept plans and images creative and integrate
the requested theme and play elements into design
solutions?
2.0 Cost & Work
Hours
Does the proposal include a detailed cost break-down for
each play area and are the line-item costs competitive?
1.0 Sustainability/TBL
Methodology
Does the firm demonstrate a commitment to Sustainability
and incorporate Triple Bottom Line methodology in both
their Scope of Work for the project, and their day-to-day
business operating processes and procedures?
Does the firm demonstrate a commitment to all three
aspects (social, environmental, and economic) of the Triple
Bottom Line (TBL) methodology of sustainability for this
project and in their company value system as evidenced
by their day-to-day business operating processes,
practices and procedures?
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Reference Evaluation (Top Rated Company)
The Project Manager will check references using the following criteria. The evaluation
rankings will be labeled Satisfactory/Unsatisfactory.
QUALIFICATION STANDARD
Overall Performance
Would you hire this Playground Designer(s)
and Manufacturer(s) again? Did they show the
skills required by this project?
Timetable Was the original Scope of Work completed within the
specified time? Were interim deadlines met in a
timely manner?
Completeness
Was the Playground Designer(s) and Manufacturer(s)
responsive to client needs; did the Playground
Designer(s) and Manufacturer(s) anticipate problems?
Were problems solved quickly and effectively?
Budget Was the original Scope of Work completed within the
project budget?
Job Knowledge
Did the installed playground meet the Scope of
Work? Was the project functional upon completion
and did it operate properly? Were problems
corrected quickly and effectively?
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VII. ACKNOWLEDGEMENT
Playground Designer(s) and Manufacturer(s) hereby acknowledges receipt of the City of Fort
Collins Request for Proposal and acknowledges that it has read and agrees to be fully bound
by all of the terms, conditions and other provisions set forth in the RFP 9996 Playground
Design and Manufacturer for Schoolside Park and sample Agreement except as otherwise
noted. Additionally, Playground Designer(s) and Manufacturer(s) hereby makes the following
representations to City:
a. All of the statements and representations made in this proposal are true to the best of the
Playground Designer(s) and Manufacturer(s)’s knowledge and belief.
b. Playground Designer(s) and Manufacturer(s) commits that it is able to meet the terms
provided in this proposal.
c. This proposal is a firm and binding offer, for a period of 90 days from the date hereof.
d. Playground Designer(s) and Manufacturer(s) further agrees that the method of award is
acceptable.
e. Playground Designer(s) and Manufacturer(s) also agrees to complete the proposed
Agreement with the City of Fort Collins within 10 days of notice of award. If contract is not
completed and signed within 10 days, City reserves the right to cancel and award to the
next highest rated firm.
f. Playground Designer(s) and Manufacturer(s) acknowledges receipt of addenda.
g. Playground Designer(s) and Manufacturer(s) acknowledges no conflict of interest.
h. Playground Designer(s) and Manufacturer(s) 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 proposals submitted hereunder are subject to public disclosure by
the City pursuant to CORA and City ordinances. Playground Designer(s) and
Manufacturer(s) may submit one (1) additional complete proposal clearly marked “FOR
PUBLIC VIEWING.” In this version of the proposal, Playground Designer(s) and
Manufacturer(s) may redact text and/or data that it deems confidential or proprietary
pursuant to CORA. All pricing will be considered public records subject to disclosure under
CORA and as such pricing cannot be redacted from the “FOR PUBLIC VIEWING” version
of the proposal. Failure to provide a public viewing copy will be considered a waiver of
any claim of confidentiality under CORA without regard to how the applicant’s proposal or
certain pages of the proposal are marked confidential, proprietary, or similar. Such
statement does not necessarily exempt such documentation from public disclosure if
required by CORA, by order of a court of appropriate jurisdiction, or other applicable
law. Generally, under CORA, trade secrets, confidential commercial information and
financial data information may not be disclosed by the City. Proposals may not be marked
“Confidential” or ‘Proprietary’ in their entirety. By responding to this RFP, Playground
Designer(s) and Manufacturer(s) hereby waives any and all claims for damages against
the City for the City’s good faith compliance with CORA. All provisions and pricing of
any contract resulting from this request for proposal will be public information.
Legal Firm Name:
Physical Address:
Remit to Address:
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Phone:
Name of Authorized Agent of Firm:
Signature of Authorized Agent:
Primary Contact for Project:
Title: Email Address:
Phone: Cell Phone:
NOTE: ACKNOWLEDGMENT IS TO BE SIGNED & RETURNED WITH YOUR PROPOSAL.
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VIII. SAMPLE AGREEMENT (FOR REFERENCE ONLY – DO NOT SIGN )
MASTER PROFESSIONAL SERVICES AGREEMENT
WORK ORDER TYPE
THIS MASTER PROFESSIONAL SERVICES AGREEMENT (AGREEMENT) made and
entered into the day and year set forth in the Agreement Period section below, by and between
the CITY OF FORT COLLINS, COLORADO, a Colorado Municipal Corporation (CITY) and
, a(n) [enter state] [business type] (PLAYGROUND DESIGNER AND MANUFACTURER).
WITNESSETH:
In consideration of the mutual covenants and obligations herein expressed, it is agreed by
and between the parties hereto as follows:
1. Scope of Service. The PLAYGROUND DESIGNER AND MANUFACTURER agrees to
provide Services in accordance with any project Work Orders for , issued by the CITY.
Such Work Orders will be incorporated into this Agreement. A blank sample of a Work
Order is attached hereto as Exhibit A & B, consisting of one (1) and ninety-one (91) pages
and incorporated herein, shall include a description of the services to be performed, the
location and time for performance, the amount of payment, any materials to be supplied by
the City and any other special circumstances relating to the performance of services. A
General Scope of Services is attached hereto as Exhibit C, consisting of [# of Pages] and
incorporated herein. The CITY reserves the right to independently solicit any project rather
than issuing a Work Order to the PLAYGROUND DESIGNER AND MANUFACTURER for
the same pursuant to this AGREEMENT. Irrespective of references to certain named third
parties within this AGREEMENT or any Work Order, the PLAYGROUND DESIGNER AND
MANUFACTURER shall be solely responsible for performance of all duties hereunder. The
term Service as used in this AGREEMENT shall include the Services and deliverables
contained in any Work Order issued by the CITY.
The CITY may, at any time during the term of a particular Work Order and without
invalidating the Work Order, make changes to the scope of the particular Service. Changes
shall be agreed upon in writing by the parties by Change Order, a sample of which is
attached hereto as Exhibit D, consisting of [# of Pages] and incorporated herein.
2. Work Order Schedule. The Services to be performed pursuant to this AGREEMENT shall
be performed as specified on each Work Order. Time is of the essence. Any change in
schedule must be agreed upon in writing by the parties hereto via a Change Order.
3. Changes. The CITY may, at any time during the term of the AGREEMENT, make changes
to the AGREEMENT. Such changes shall be agreed upon in writing by the parties.
4. Agreement Period. This AGREEMENT shall commence , 20 (the Effective
Date) and shall continue in full force and effect until , 20 , unless sooner
terminated as herein provided. In addition, at the option of the CITY, the AGREEMENT may
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be extended for additional one (1) year periods not to exceed [choose one] additional one-
year periods. Renewals and pricing changes shall be negotiated by and agreed to by both
parties only at the time of renewal. Written notice of renewal shall be provided to the
PLAYGROUND DESIGNER AND MANUFACTURER no later than thirty (30) days before
AGREEMENT end. Should written notice of renewal be delayed, the parties agree that this
AGREEMENT may automatically extend on a month-to-month basis until a renewal is
completed. Upon expiration of the final renewal term, the AGREEMENT may continue but
not to exceed one (1) year if required to complete any active Work Orders in accordance
with Section 8-186 of City Code.
5. Early Termination by CITY. Notwithstanding the time periods contained herein, the CITY
may terminate this AGREEMENT at any time without cause or penalty by providing at least
ten (10) calendar days written notice of termination to the PLAYGROUND DESIGNER AND
MANUFACTURER.
In the event of early termination by the CITY, the PLAYGROUND DESIGNER AND
MANUFACTURER shall be paid for Services rendered up to the date of termination, subject
to the satisfactory performance of the PLAYGROUND DESIGNER AND
MANUFACTURER's obligations under this AGREEMENT. PLAYGROUND DESIGNER
AND MANUFACTURER shall submit a final invoice within ten (10) calendar days of the
effective date of termination. Payment shall be the PLAYGROUND DESIGNER AND
MANUFACTURER's sole right and remedy for termination.
6. Notices. All notices provided under this AGREEMENT shall be effective immediately when
emailed or three (3) business days from the date of the notice when mailed to the following
addresses:
Playground Designer
And Manufacturer: CITY: Copy to:
Attn:
Email Address
City of Fort Collins
Attn: Amanda Castelli
PO Box 580
Fort Collins, CO 80522
acastelli@fcgov.com
City of Fort Collins
Attn: Purchasing Dept.
PO Box 580
Fort Collins, CO 80522
purchasing@fcgov.com
All notices under this AGREEMENT shall be written.
7. Compensation. In consideration of the Services to be performed pursuant to this
AGREEMENT, the CITY agrees to pay the PLAYGROUND DESIGNER AND
MANUFACTURER [choose one] as designated in Exhibit E, consisting of [# of Pages],
attached and incorporated herein. At the election of the CITY, each Work Order may contain
a maximum fee, which shall be negotiated by the parties hereto for each Work Order. Partial
payments based upon the PLAYGROUND DESIGNER AND MANUFACTURER’s billings
and itemized statements are permissible as defined in the applicable Work Order. The
amounts of any partial payments shall be based upon the PLAYGROUND DESIGNER AND
MANUFACTURER’s City-verified progress in completing the Service(s) to be performed
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pursuant to the Work Order and upon approval of the PLAYGROUND DESIGNER AND
MANUFACTURER’s direct reimbursable expenses. Payment shall be made following
acceptance of the Services by the CITY.
Itemized invoices shall be emailed to invoices@fcgov.com with a copy to the Project
Manager. The cost of the Services completed shall be paid to the PLAYGROUND
DESIGNER AND MANUFACTURER following the submittal of a correct itemized invoice by
the PLAYGROUND DESIGNER AND MANUFACTURER. The CITY is exempt from sales
and use tax. The CITY’s Certificate of Exemption license number is 09804502. A copy of
the license is available upon written request.
The CITY pays undisputed invoices on Net 30 days from the date of the invoice submittal
to the CITY or, for disputed invoices, Net 30 days from the date of CITY Project Manager’s
approval.
8. Design and Service Standards. The PLAYGROUND DESIGNER AND MANUFACTURER
warrants and shall be responsible for the Playground Designer and Manufacturer quality,
technical accuracy, accessibility requirements under ADA and Public Accommodations and
Technology Accessibility sections below, timely completion and the coordination of all
Services rendered by the PLAYGROUND DESIGNER AND MANUFACTURER, and the
Project Instruments as defined in the Project Instruments and License section below. The
PLAYGROUND DESIGNER AND MANUFACTURER shall, without additional
compensation, promptly remedy and correct any errors, omissions, or other deficiencies
from such standards.
9. Indemnification. The PLAYGROUND DESIGNER AND MANUFACTURER shall indemnify,
defend, and hold harmless the CITY and its officers and employees, to the maximum extent
permitted under Colorado law, against and from any and all actions, suits, claims, demands,
or liability of any character whatsoever claimed by the PLAYGROUND DESIGNER AND
MANUFACTURER or third parties against the CITY arising out of or related to this
AGREEMENT (not limited to contract, tort, intellectual property, accessibility, or otherwise).
This obligation extends to reimbursement of the CITY's costs and reasonable attorney’s
fees.
10. Insurance. The PLAYGROUND DESIGNER AND MANUFACTURER shall maintain
insurance in accordance with Exhibit F, consisting of one (1) page, attached hereto and
incorporated herein.
11. Appropriation. To the extent this AGREEMENT, or any provision in it, requires payment of
any nature in fiscal years subsequent to the current fiscal year and constitutes a multiple
fiscal year debt or financial obligation of the CITY, it shall be subject to annual appropriation
by the Fort Collins City Council as required in Article V, Section 8(b) of the City Charter, City
Code Section 8-186, and Article X, Section 20 of the Colorado Constitution. The CITY shall
have no obligation to continue this AGREEMENT in any fiscal year for which there are no
pledged cash reserves or supporting appropriations pledged irrevocably for purposes of
payment obligations herein. Non-appropriation by the CITY shall not be construed as a
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breach of this AGREEMENT.
12. Project Instruments and License.
a. Upon execution of this AGREEMENT, the PLAYGROUND DESIGNER AND
MANUFACTURER grants to the CITY an irrevocable, unlimited and royalty free license
to use any and all sketches, drawings, as-builts, specifications, designs, blueprints, data
files, calculations, studies, analysis, renderings, models, plans, reports, and other Work
Order deliverables (Project Instruments), in any form whatsoever and in any medium
expressed, for purposes of constructing, using, maintaining, altering and adding to the
project, provided that the CITY substantially performs its obligations under the
AGREEMENT. The license granted hereunder permits the CITY and third parties
reasonably authorized by the CITY to reproduce applicable portions of the Project
Instruments for use in performing the Services or construction for the project. In
addition, the license granted hereunder shall permit the CITY and third parties
reasonably authorized by the CITY to reproduce and utilize the Project Instruments for
similar projects, provided however, in such event the PLAYGROUND DESIGNER AND
MANUFACTURER shall not be held responsible for the design to the extent the CITY
deviates from the Project Instruments. This license shall survive termination of the
AGREEMENT by default or otherwise.
b. Upon payment under each applicable Work Order, Project Instruments rendered by the
PLAYGROUND DESIGNER AND MANUFACTURER shall become the CITY’s property.
The PLAYGROUND DESIGNER AND MANUFACTURER shall provide the CITY with
the Project Instruments in electronic format in a mutually agreed upon file type.
13. CITY Project Manager. The CITY’s Project Manager will be shown on the specific Work
Order and shall make, within the scope of the Project Manager’s authority, all necessary
and proper decisions with reference to the Services requested under the applicable Work
Order. All requests for contract interpretation, change order and other clarification or
instruction shall be directed to the CITY Project Manager.
The initial CITY Project Manager for this AGREEMENT is Amanda Castelli and can be
reached at acastelli@fcgov.com. The CITY Project Manager is subject to change by the
CITY.
14. Project Status Report. Project status reports may be required by Work Order and shall be
submitted to the CITY Project Manager. Failure to provide any required status report may
result in the suspension of the processing of any invoice.
15. Independent Contractor. The Services to be performed by the PLAYGROUND DESIGNER
AND MANUFACTURER are those of an independent contractor and not of an employee of
the CITY. The CITY shall not be responsible for withholding any portion of the
PLAYGROUND DESIGNER AND MANUFACTURER's compensation hereunder for the
payment of FICA, Workers' Compensation, unemployment insurance, other taxes or
benefits or for any other purpose.
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16. Personal Services. It is understood that the CITY enters into this AGREEMENT based on
the special abilities of the PLAYGROUND DESIGNER AND MANUFACTURER and that
this AGREEMENT shall be considered as an AGREEMENT for personal services.
Accordingly, the PLAYGROUND DESIGNER AND MANUFACTURER shall neither assign
any responsibilities nor delegate any duties arising under this AGREEMENT without the
prior written consent of the CITY.
17. Subcontractors/Subconsultants. The PLAYGROUND DESIGNER AND MANUFACTURER
may not subcontract any of the Service(s) set forth in any Work Order without the prior
written consent of the CITY, which shall not be unreasonably withheld. If any of the
Services is subcontracted hereunder, with the consent of the CITY, then the following
provisions shall apply:
a. the subcontractor/subconsultant must be a reputable, qualified firm with an established
record of successful performance in its respective trade performing identical or
substantially similar Services;
b. the subcontractor/subconsultant will be required to comply with all applicable terms of
this AGREEMENT;
c. the subcontract will not create any contractual relationship between any
subcontractor/subconsultant and the CITY, nor will it obligate the CITY to pay or see to
the payment of any subcontractor/subconsultant; and
d. the Services of the subcontractor/subconsultant will be subject to inspection by the CITY
to the same extent as the Service(s) of the PLAYGROUND DESIGNER AND
MANUFACTURER.
The PLAYGROUND DESIGNER AND MANUFACTURER shall require all
subcontractor/subconsultants performing Service(s) hereunder to maintain insurance
coverage naming the CITY as an additional insured under this AGREEMENT in accordance
with Exhibit F. The PLAYGROUND DESIGNER AND MANUFACTURER shall maintain a
copy of each subcontractor’s/subconsultant’s certificate evidencing the required insurance.
Upon request, the PLAYGROUND DESIGNER AND MANUFACTURER shall promptly
provide the CITY with a copy of the certificate(s) within two (2) business days.
The PLAYGROUND DESIGNER AND MANUFACTURER shall be responsible for any
liability directly or indirectly arising out of the Services performed under this AGREEMENT
by a subcontractor/subconsultant, which liability is not covered by the
subcontractor/subconsultant's insurance.
18. Acceptance Not Waiver. The CITY's approval of Project Instruments furnished hereunder
shall not in any way relieve the PLAYGROUND DESIGNER AND MANUFACTURER of
responsibility for the quality or technical accuracy of the Services. The CITY's approval or
acceptance of, or payment for, any of the Services shall not be construed to operate as a
waiver of any rights or benefits provided to the CITY under this AGREEMENT.
19. Default. Each and every term and condition hereof shall be deemed to be a material element
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of this AGREEMENT. In the event either party should fail to or refuse to perform according
to the terms of this AGREEMENT, that party may be declared in default upon notice.
20. Remedies. In the event a party has been declared in default, that defaulting party shall be
allowed a period of ten (10) calendar days from the date of notice within which to cure said
default. In the event the default remains uncorrected, the party declaring default may elect
to:
a. terminate the AGREEMENT and seek damages;
b. treat the AGREEMENT as continuing and require specific performance; or
c. avail themselves of any other remedy at law or equity.
In the event of a dispute between the parties regarding this AGREEMENT, each party shall
bear its own attorney fees and costs, except as provided for in the Indemnification and
Technology Accessibility sections.
21. Entire Agreement; Binding Effect; Authority to Execute. This AGREEMENT, along with all
Exhibits, Work Orders and other documents incorporated herein, shall constitute the entire
AGREEMENT of the parties regarding this transaction and the matter recited herein. This
AGREEMENT shall supersede any prior agreements, promises, or understandings as to the
matter recited herein. The AGREEMENT shall be binding upon the parties, their officers,
employees, agents and assigns and shall inure to the benefit of the respective survivors,
heirs, personal representatives, successors and assigns of said parties. Covenants or
representations not contained in this AGREEMENT shall not be binding on the parties. In
the event of a conflict between the terms of the AGREEMENT and any exhibit or attachment,
the terms of the AGREEMENT shall prevail. Each person executing this AGREEMENT
affirms that they have the necessary authority to sign on behalf of their respective party and
to bind such party to the terms of this AGREEMENT.
22. Law/Severability. The laws of the State of Colorado and the City of Fort Collins Charter and
Municipal Code shall govern the construction, interpretation, execution and enforcement of
this AGREEMENT—without regard to choice of law or conflict of law principles. The Parties
further agree that Larimer County District Court is the proper venue for all disputes. If the
CITY subsequently agrees in writing that the matter may be heard in federal court, venue
will be in U.S. District Court for the District of Colorado. 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.
23. Prohibition Against Unlawful Discrimination. The PLAYGROUND DESIGNER AND
MANUFACTURER 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) , C.R.S. §
24-34-401, 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)
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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 PLAYGROUND DESIGNER AND MANUFACTURER shall 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.
24. ADA and Public Accommodations. In performing the Service(s) required hereunder, the
PLAYGROUND DESIGNER AND MANUFACTURER agrees to meet all the requirements
of the Americans with Disabilities Act of 1990, C.R.S. § 24-85-101, and all applicable rules
and regulations (ADA), and all applicable Colorado public accommodation laws, which are
imposed directly on the PLAYGROUND DESIGNER AND MANUFACTURER or which
would be imposed on the CITY as a public entity.
25. Technology Accessibility. The PLAYGROUND DESIGNER AND MANUFACTURER
represents that the Project Instruments hereunder, shall fully comply with all applicable
provisions of C.R.S. § 24-85-101, and the Accessibility Standards for Individuals with a
Disability, as established by the State of Colorado Governor’s Office of Information
Technology (OIT) pursuant to C.R.S. § 24-85-103 (2.5), including all updates and
amendments to those standards as provided by the OIT. The PLAYGROUND DESIGNER
AND MANUFACTURER shall also comply with all State of Colorado technology standards
related to technology accessibility and with Level AA of the most current version of the Web
Content Accessibility Guidelines (WCAG), incorporated in the State of Colorado technology
standards.
To confirm that the Project Instruments meet these standards, the PLAYGROUND
DESIGNER AND MANUFACTURER may be required to demonstrate compliance. The
PLAYGROUND DESIGNER AND MANUFACTURER shall indemnify, save, and hold
harmless the CITY against any and all costs, expenses, claims, damages, liability, court
awards and other amounts (including attorneys’ fees and related costs) incurred by the CITY
in relation to the PLAYGROUND DESIGNER AND MANUFACTURER’s failure to comply
with C.R.S. § 24-85-101, or the Accessibility Standards for Individuals with a Disability as
established by OIT pursuant to C.R.S. § 24-85-103 (2.5).
The CITY may require the PLAYGROUND DESIGNER AND MANUFACTURER’s
compliance to the State’s Accessibility Standards to be determined by a third party selected
by the CITY to attest to the Project Instruments and software compliance with C.R.S. §
24-85-101, and the Accessibility Standards for Individuals with a Disability as established
by OIT pursuant to C.R.S. § 24-85-103 (2.5).
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26. Data Privacy. PLAYGROUND DESIGNER AND MANUFACTURER will comply with all
applicable data privacy regulations and laws, specifically including Colorado’s Privacy Act
C.R.S. § 6-1-1301 et. seq. (the Privacy Act). PLAYGROUND DESIGNER AND
MANUFACTURER shall ensure that each person processing any personal data connected
to the Services is subject to a duty of confidentiality with respect to the data. If applicable,
PLAYGROUND DESIGNER AND MANUFACTURER shall require that any subcontractors
meet the obligations of PLAYGROUND DESIGNER AND MANUFACTURER with respect
to any personal data connected to this AGREEMENT and corresponding Work Orders. The
Parties agree that upon termination of the Services that PLAYGROUND DESIGNER AND
MANUFACTURER shall, at the CITY’s choice, delete or return all personal data to the CITY
unless retention of the personal data is required by law. PLAYGROUND DESIGNER AND
MANUFACTURER shall make available to the CITY all information necessary to
demonstrate compliance with the obligations of the Privacy Act. PLAYGROUND
DESIGNER AND MANUFACTURER shall allow for, and contribute to, reasonable audits
and inspections by the CITY or the CITY’s designated auditor.
27. 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 and under any other applicable
law.
28. Colorado Open Records Act. The PLAYGROUND DESIGNER AND MANUFACTURER
acknowledges the CITY is a governmental entity subject to the Colorado Open Records Act,
C.R.S. § 24-72-200 (CORA), and documents in the CITY’s possession may be considered
public records subject to disclosure under CORA. The PLAYGROUND DESIGNER AND
MANUFACTURER hereby waives any claim for damages against the CITY for the CITY’s
efforts to comply with CORA.
29. Delay. Time is of the essence. Subject to Force Majeure section of this AGREEMENT, if the
PLAYGROUND DESIGNER AND MANUFACTURER is temporarily delayed in whole or in
part from performing its obligations, then the PLAYGROUND DESIGNER AND
MANUFACTURER shall provide written notice to the CITY within two (2) business days
defining the nature of the delay. Provision of written notice under this Section shall not
operate as a waiver of any rights or benefits provided to the CITY under this AGREEMENT.
30. Force Majeure. No party hereto shall be considered in default in the performance of an
obligation hereunder to the extent that performance of such obligation is delayed, hindered,
or prevented by force majeure. Force majeure shall be any cause beyond the control of the
party that could not reasonably have been foreseen and guarded against. Force majeure
includes, but is not limited to, acts of God, fires, riots, pandemics, incendiarism, interference
by civil or military authorities, compliance with regulations or orders of military authorities,
and acts of war (declared or undeclared), provided the cause could not have been
reasonably foreseen and guarded against by the affected party. Force majeure shall not
include increases in labor, commodity, utility, material, supply, fuel, or energy costs, or
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compliance with regulations or orders of civil authorities. To the extent that the performance
is actually prevented, the PLAYGROUND DESIGNER AND MANUFACTURER must
provide notice to the CITY of such condition within ten (10) days from the onset of the
condition.
31. Special Provisions. Special provisions or conditions relating to the Service(s) to be
performed pursuant to this AGREEMENT are set forth in Exhibit [choose one] -
Confidentiality, consisting of four (4) pages, attached hereto and incorporated herein by this
reference.
32. 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. The body of this AGREEMENT (and any written amendment),
b. Exhibits to this AGREEMENT,
c. Work Order(s) (and any applicable Change Order), and
d. the Purchase Order document.
33. Prohibited Terms. Nothing in any Exhibit, Work Order, or other attachment shall be
construed as a waiver of any provision above. Any terms included in any Exhibit, Work
Order, or other attachment that requires the CITY to indemnify or hold PLAYGROUND
DESIGNER AND MANUFACTURER harmless; requires the CITY to agree to binding
arbitration; limits PLAYGROUND DESIGNER AND MANUFACTURER’s liability; or that
conflicts with statute, City Charter or City Code in any way, shall be void.
[Signature Page Follows]
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THE CITY OF FORT COLLINS, COLORADO
By:
Gerry Paul
Purchasing Director
Date:
ATTEST:
APPROVED AS TO FORM:
PLAYGROUND DESIGNER AND
MANUFACTURER'S NAME
By:
Printed:
Title:
Date:
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EXHIBIT A
WORK ORDER FORM
PURSUANT TO THE PROFESSIONAL MASTER SERVICES AGREEMENT BETWEEN
THE CITY OF FORT COLLINS
AND
PLAYGROUND DESIGNER AND MANUFACTURER
WORK ORDER NUMBER:
PROJECT TITLE:
ORIGINAL BID/RFP NUMBER & NAME: 9996 Playground Design & Manufacturer for
Schoolside Park
PROFESSIONAL MASTER SERVICES AGREEMENT EFFECTIVE DATE: Original Contract Date
WORK ORDER COMMENCEMENT DATE:
WORK ORDER COMPLETION DATE:
MAXIMUM FEE (time and reimbursable direct costs):
PROJECT DESCRIPTION/SCOPE OF SERVICES:
PLAYGROUND DESIGNER AND MANUFACTURER agrees to perform the Service(s) identified
above and on the attached forms in accordance with and subject to the terms and conditions
contained herein and in the Master Services Agreement (AGREEMENT) between the parties.
This Work Order is incorporated into the AGREEMENT, and the AGREEMENT and all prior
amendments or other modifications to the AGREEMENT, if any, remain in full force and effect. In
the event of a conflict between or ambiguity in the terms of the AGREEMENT and this Work Order
(including the attached forms) the AGREEMENT as set forth in the Order of Precedence section
of the AGREEMENT shall control.
Pricing stated on this Work Order shall be consistent with the pricing in the AGREEMENT or
subsequent renewals as of the Work Order commencement date and will be held firm through
completion of this Work Order.
The attached forms consisting of [choose # of pages] are hereby accepted and incorporated
herein and Notice to Proceed is hereby given after all parties have signed this document.
PLAYGROUND DESIGNER AND MANUFACTURER: __________________________
Date:___________________
Name, Title
ACCEPTANCE: Date:
Amanda Castelli, CITY Project Manager
REVIEWED: Date:
Adam Hill, Senior Buyer
ACCEPTANCE: Date:
Gerry Paul, Purchasing Director (if greater than $60,000)
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EXHIBIT B
WORK ORDER FORM (Construction over $100,000)
CONSTRUCTION WORK ORDER
FOR
[ORIGINAL PROJECT # AND NAME]
WORK ORDER NO.
TITLED
(WORK ORDER TITLE)
DATE:
CONTRACTOR:
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TABLE OF CONTENTS
AGREEMENT FORMS
00525 Work Order & Notice of Award
00530 Work Order Notice to Proceed
00600 Bonds and Certificates
00610 Performance Bond
00615 Payment Bond
00630 Certificate of Insurance
00635 Certificate of Substantial Completion
00640 Certificate of Final Acceptance
00650 Lien Waiver Release (CONTRACTOR)
00660 Consent of Surety
00670 Application for Exemption Certificate
CONDITIONS OF THE CONTRACT
00700 General Conditions
Exhibit GC-A GC-A1 - GC-A2
00800 Supplementary Conditions
00900 Addenda, Modifications and Payment
00950 Work Order Change Order Form
00960 Application for Payment
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SECTION 00500
CONSTRUCTION WORK ORDER AGREEMENT FORMS
00525 Work Order, Notice of Award & Bid Schedule
00530 Work Order Notice to Proceed
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SECTION 00525
WORK ORDER, NOTICE OF AWARD AND BID SCHEDULE
TO (CONTRACTOR OR CM/GC):
WORK ORDER # & TITLE:
PURCHASE ORDER:
ORIGINAL BID/RFP # & TITLE:
ENGINEER:
OWNER’S REPRESENTATIVE:
NOTICE OF AWARD DATE:
OWNER: City of Fort Collins (hereinafter referred to as OWNER)
1. WORK. You are hereby notified that your bid dated , for the above Work Order has
been considered. Pursuant to your AGREEMENT with OWNER dated , you have
been awarded a Work Order for this Work Order Description:
A. See Section 01100 – Summary of Work.
2. CONTRACT PRICE, BONDS AND CERTIFICATES. The price of your Work Order is
($ ). Pursuant to the AGREEMENT and the Contract Documents, Performance
and Payment Bonds and insurance are required.
3. CONTRACT TIMES. Pursuant to the AGREEMENT and the Contract Documents, the date
for Substantial Completion of this Work Order is , and after Substantial Completion,
the date for Final Completion is .
4. LIQUIDATED DAMAGES. OWNER and CONTRACTOR recognize that time is of the
essence of this Agreement and that OWNER will suffer financial loss if the Work is not
completed within the times specified in paragraph 3 above, plus any extensions thereof
allowed in accordance with Article 12 of the General Conditions. They also recognize the
delays, expenses and difficulties involved in proving in a legal proceeding the actual loss
suffered by OWNER if the Work is not completed on time. Accordingly instead of requiring
any such proof, OWNER and CONTRACTOR agree that as liquidated damages for delay
(but not as penalty) CONTACTOR shall pay OWNER the amounts set forth hereafter.
1. Substantial Completion: ($ ) for each calendar day or fraction
thereof that expires after until the work is Substantially Complete.
2. Final Acceptance: After Substantial Completion ($ ) for each
calendar day or fraction thereof that expires after the period for Final
Payment and Acceptance until the Work is ready for Final Payment and
Acceptance.
5. PAYMENT PROCEDURES. CONTRACTOR shall submit Applications for Payment in
accordance with Article 14 of the General Conditions. Applications for Payment will be
processed by ENGINEER as provided in the General Conditions.
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5.1 PROGRESS PAYMENTS. OWNER shall make progress payments on
account of the Contract Price on the basis of CONTRACTOR's Application
for Payment as recommended by ENGINEER, once each month during
construction as provided below. All progress payments will be on the basis
of the progress of the Work measured by the schedule of values
established in paragraph 2.6 of the General Conditions and in the case of
Unit Price Work based on the number of units completed, and in
accordance with the General Requirements concerning Unit Price Work.
5.1.1 Prior to Substantial Completion, Owner will be entitled to withhold as
contract retainage five percent (5%) of each progress payment, but, in each
case, less the aggregate of payments previously made and less such
amounts as ENGINEER shall determine, or OWNER may withhold, in
accordance with paragraph 14.7 of the General Conditions. If , in the sole
discretion of Owner, on recommendation of Engineer, Owner determines
that the character and progress of the Work have been satisfactory to
OWNER and ENGINEER, OWNER may determine that as long as the
character and progress of the Work remain satisfactory to them, there will
be no additional retainage on account of Work completed in which case the
remaining progress payments prior to Substantial Completion will be in an
amount equal to 100% of the Work completed. 95% of materials and
equipment not incorporated in the Work (but delivered, suitably stored and
accompanied by documentation satisfactory to OWNER as provided in
paragraph 14.2 of the General Conditions) may be included in the
application Section 00960.
5.1.2 Upon Substantial Completion payment will be made in an amount sufficient,
if necessary, to increase total payments to CONTRACTOR to 95% of the
Contract Price, less such amounts as ENGINEER shall determine or
OWNER may withhold in accordance with paragraph 14.7 of the General
Conditions or as provided by law.
5.2 FINAL PAYMENT. Upon Final Completion and Acceptance of the Work in
accordance with paragraph 14.13 of the General Conditions, OWNER shall
pay the remainder of the Contract Price as recommended by ENGINEER
as provided in said paragraph 14.13.
6. CONTRACTOR'S REPRESENTATION. In order to induce OWNER to enter into this
Agreement, CONTRACTOR makes the following representations:
6.1 CONTRACTOR has familiarized himself with the nature and extent of the
Contract Documents, Work, site, locality, and with all local conditions and
Laws and Regulations that in any manner may affect cost, progress,
performance or furnishing of the Work.
6.2 CONTRACTOR has studied carefully all reports of explorations and tests of
subsurface conditions and drawings of physical conditions which are
identified in the Supplementary Conditions as provided in paragraph 4.2 of
the General Conditions.
6.3 CONTRACTOR has obtained and carefully studied (or assumes
responsibility for obtaining and carefully studying) all such examinations,
investigations, explorations, tests, reports, and studies (in addition to or to
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supplement those referred to in paragraph 6.2 above) which pertain to the
subsurface or physical condition at or contiguous to the site or otherwise
may affect the cost, progress, performance or furnishing of the Work as
CONTRACTOR considers necessary for the performance or furnishing of
the Work at the Contract Price, within the Contract Times and in
accordance with the other terms and conditions of the Contract Documents,
including specifically the provisions of paragraph 4.2 of the General
Conditions; and no additional examinations, investigations, explorations,
tests, reports, studies or similar information or data are or will be required
by CONTRACTOR for such purposes.
6.4 CONTRACTOR has reviewed and checked all information and data shown
or indicated on the Contract Documents with respect to existing
Underground Facilities at or contiguous to the site and assumes
responsibility for the accurate location of said Underground Facilities. No
additional examinations, investigations, explorations, tests, reports, studies
or similar information or data in respect of said Underground Facilities are
or will be required by CONTRACTOR in order to perform and furnish the
Work at the Contract Price, within the Contract Times and in accordance
with the other terms and conditions of the Contract Documents, including
specifically the provision of paragraph 4.3. of the General Conditions.
6.5 CONTRACTOR has correlated the results of all such observations,
examinations, investigations, tests, reports and data with the terms and
conditions of the Contract Documents.
6.6 CONTRACTOR has given ENGINEER written notice of all conflicts, errors
or discrepancies that he has discovered in the Contract Documents and the
written resolution thereof by ENGINEER is acceptable to CONTRACTOR.
7. CONTRACT DOCUMENTS.
7.1 The Contract Documents which comprise the entire Agreement between
OWNER and CONTRACTOR concerning the Work consist of the General
Conditions, Supplementary Conditions, those items included in the
definition of “Contract Documents” in Article 1.10 of the General Conditions,
and such other items as are referenced in this Article 7, all of which are
incorporated herein by this reference.
7.2 Forms for use by CONTRACTOR in performing the Work and related
actions in carrying out the terms of this Agreement are deemed Contract
Documents and incorporated herein by this reference, and include, but are
not limited to, the following:
7.2.1 Certificate of Substantial Completion
7.2.2 Certificate of Final Acceptance
7.2.3 Lien Waiver Releases
7.2.4 Consent of Surety
7.2.5 Application for Exemption Certificate
7.2.6 Application for Payment
7.3 Drawings, consisting of a cover sheet and sheets numbered as follows:
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The Contract Drawings shall be stamped "Final for Construction" and
dated. Any revisions made shall be clearly identified and dated.
7.4 The Contract Documents also include all written amendments and other
documents amending, modifying, or supplementing the Contract
Documents pursuant to paragraphs 3.5 and 3.6 of the General Conditions.
7.5 There are no Contract Documents other than those listed or incorporated
by reference in this Article 7. The Contract Documents may only be
amended, modified or supplemented as provided in paragraphs 3.5 and 3.6
of the General Conditions.
8. MISCELLANEOUS
8.1. Terms used in this Agreement which are defined in Article I of the General
Conditions shall have the meanings indicated in the General Conditions.
8.2. No assignment by a party hereto of any rights under or interests in the
Contract Documents will be binding on another party hereto without the
written consent of the party sought to be bound; and specifically but not
without limitations, moneys that may become due and moneys that are due
may not be assigned without such consent (except to the extent that the
effect of this restriction may be limited by law), and unless specifically
stated to the contrary in any written consent to an assignment no
assignment will release or discharge that assignor from any duty or
responsibility under the Contract Document.
8.3. OWNER and CONTRACTOR each binds itself, its partners,
successors, assigns and legal representatives to the other party
hereto, its partners, successors, assigns and legal representatives in
respect to all covenants, Agreement and obligations contained in the
Contract Document.
9. EXECUTION. Three (3) copies of this proposed Work Order & Notice of Award, and
accompanying amendments or supplements to the Contract Documents (except any
applicable Drawings) incorporated herein, are provided. Three (3) sets of any applicable
Drawings will be delivered separately or otherwise made available to you immediately. You
must comply with the following conditions precedent within fifteen (15) days of the date of
this Notice of Award, that is, by .
A. You must deliver to OWNER three (3) fully-executed counterparts of this Work Order,
including all amendments or supplements to the Contract Documents incorporated
herein. Each Work Order must bear your signature as provided.
B. You must deliver with the executed Work Order the Contract Security (Bonds) and
insurance, as specified in the Agreement, this Work Order, the General Conditions
(Article 5.1) and the Supplementary Conditions.
Failure to comply with these conditions within the time specified will entitle OWNER to consider
your Bid abandoned and to annul this Work Order & Notice of Award. Within ten (10) days after
you comply with those conditions, OWNER will return to you one (1) fully-signed counterpart of
this Work Order with any amendments or supplements to the Contract Documents attached.
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CONTRACTOR’S NOTICE OF AWARD REPRESENTATION & EXECUTION:
CONTRACTOR agrees to perform the services identified above, in accordance with the terms
and conditions contained herein and in the AGREEMENT dated , and the NOTICE OF
AWARD dated , between the parties. In the event of a conflict between or ambiguity in the
terms of the AGREEMENT or specific Work Orders, the AGREEMENT shall control.
CONTRACTOR:
By: Date:
Name: Title:
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OWNER’S ACCEPTANCE & EXECUTION:
This Work Order and the attached Contract Documents are hereby accepted and incorporated
herein by this reference and the attached Notice to Proceed is hereby given.
ACCEPTANCE: Date: _____
, Projects Manager
OWNER: CITY OF FORT COLLINS
ACCEPTANCE: ___________________________________________ Date: __________
Kelly DiMartino, City Manager
(if greater than $1,000,000)
ACCEPTANCE: ___________________________________________ Date: __________
Gerry Paul, Purchasing Director
(if greater than $60,000)
APPROVED AS TO FORM: __________________________________ Date: __________
ATTEST: ___ ________________________________________ Date: __________
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BID SCHEDULE
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SECTION 00530
WORK ORDER NOTICE TO PROCEED
NOTICE TO PROCEED DATE:
WORK ORDER TITLE:
WORK ORDER NUMBER:
ORIGINAL BID/RFP # & TITLE:
TO:
Attn:
This notice is to advise you:
That the Work Order and all amendments and supplements to the Contract Documents covering
the above described Work have been fully executed by the CONTRACTOR and the OWNER.
That the required CONTRACTOR's Performance and Payment Bonds and insurance have been
received by the OWNER. That the OWNER has approved the said Work Order and Contract
Documents.
Therefore, as the CONTRACTOR for the above described Work, you are hereby authorized and
directed to proceed within ( ) calendar days from receipt of this notice as required
by the Work Order and the AGREEMENT.
The dates for Substantial Completion and Final Acceptance shall be , and ,
respectively.
Dated this _____________ day of ___________, _____.
CITY OF FORT COLLINS (OWNER)
By: ___________________________________________
___________________________________________
Name & Title
ACKNOWLEDGMENT OF NOTICE
Receipt of the above Work Order Notice to Proceed is hereby acknowledged this _____________
day of ___________, _____.
(CONTRACTOR)
By: ___________________________________________
___________________________________________
Name & Title
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SECTION 00600
BONDS AND CERTIFICATES
00610 Performance Bond
00615 Payment Bond
00630 Certificate of Insurance
00635 Certificate of Substantial Completion
00640 Certificate of Final Acceptance
00650 Lien Waiver Release (CONTRACTOR)
00651 Lien Waiver Release (SUBCONTRACTOR)
00660 Consent of Surety
00670 Application for Exemption Certificate
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SECTION 00610
PERFORMANCE BOND
Bond No __
KNOW ALL MEN BY THESE PRESENTS: that
(Firm)
(Address)
(an Individual), (a Partnership), (a Corporation), hereinafter referred to as the "Principal" and
(Firm)
(Address)
hereinafter referred to as "the Surety", are held and firmly bound unto City of Fort Collins, 300
LaPorte Ave, Fort Collins, Colorado 80522 a (Municipal Corporation) hereinafter referred to as
the "OWNER", in the penal sum of ($ ) in lawful money of the United States, for the
payment of which sum well and truly to be made, we bind ourselves, successors and assigns,
jointly and severally, firmly by these presents.
THE CONDITIONS OF THIS OBLIGATION are such that whereas the Principal entered into a
certain Agreement with the OWNER, dated the day of , 2 , for (original bid/rfp
# & name) a copy of which is hereto attached and made a part hereof, for the performance of The
City of Fort Collins Work Order, titled , Work Order Number , dated the day
of , , a copy of which is hereto attached and made a part hereof.
NOW, THEREFORE, if the Principal shall well, truly and faithfully perform its duties, all the
undertakings, covenants, terms, conditions and agreements of said Work Order and Agreement
during the original term thereof, and any extensions thereof which may be granted by the
OWNER, with or without Notice to the Surety and during the life of the guaranty period, and if the
Principal shall satisfy all claims and demands incurred under such Work Order and Agreement,
and shall fully indemnify and save harmless the OWNER from all cost and damages which it may
suffer by reason of failure to do so, and shall reimburse and repay the OWNER all outlay and
expense which the OWNER may incur in making good any default, then this obligation shall be
void; otherwise to remain in full force and effect.
PROVIDED, FURTHER, that the said Surety, for value received, hereby stipulates and agrees
that no change, extension of time, alteration or addition to the terms of the Work Order and
Agreement or to the Work to be performed thereunder or the Specifications accompanying the
same shall in any way affect its obligation on this bond; and it does hereby waive notice of any
such change, extension of time, alteration or addition to the terms of the Work Order and
Agreement or to the Work or to the Specifications.
PROVIDED, FURTHER, that no final settlement between the OWNER and the CONTRACTOR
shall abridge the right of any beneficiary hereunder, whose claim may be unsatisfied.
PROVIDED, FURTHER, that the Surety Company must be authorized to transact business in the
State of Colorado and be acceptable to the OWNER.
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IN WITNESS WHEREOF, this instrument is executed in three (3) counterparts, each one of which
shall be deemed an original, this _____ day of ___________, _____.
IN PRESENCE OF: Principal
(Title) (Title)
(Corporate Seal)
(Address)
IN PRESENCE OF: Other Partners
By:
By:
IN PRESENCE OF: Surety
By:
(Address)
(Surety Seal)
NOTE: Date of Bond must not be prior to date of Agreement. If CONTRACTOR is
Partnership, all partners should execute Bond.
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SECTION 00615
PAYMENT BOND
Bond No __
KNOW ALL MEN BY THESE PRESENTS: that
(Firm)
(Address)
(an Individual), (a Partnership), (a Corporation), hereinafter referred to as the "Principal" and
(Firm)
(Address)
hereinafter referred to as "the Surety", are held and firmly bound unto City of Fort Collins, 300
LaPorte Ave, Fort Collins, Colorado 80522 a (Municipal Corporation) hereinafter referred to as
the "OWNER", in the penal sum of ($ ) in lawful money of the United States, for the
payment of which sum well and truly to be made, we bind ourselves, successors and assigns,
jointly and severally, firmly by these presents.
THE CONDITIONS OF THIS OBLIGATION are such that whereas the Principal entered into a
certain Agreement with the OWNER, dated the day of , , for (original bid/rfp #
& name), a copy of which is hereto attached and made a part hereof, for the performance of The
City of Fort Collins Work Order, titled , Work Order Number , dated the day of
, , a copy of which is hereto attached and made a part hereof.
NOW, THEREFORE, if the Principal shall make payment to all persons, firms, subcontractors,
and corporations furnishing materials for or performing labor in the prosecution of the Work
provided for in such Work Order and Agreement and any authorized extension or modification
thereof, including all amounts due for materials, lubricants, repairs on machinery, equipment and
tools, consumed, rented or used in connection with the construction of such Work, and all
insurance premiums on said Work, and for all labor, performed in such Work whether by
subcontractor or otherwise, then this obligation shall be void; otherwise to remain in full force and
effect.
PROVIDED, FURTHER, that the said Surety, for value received, hereby stipulates and agrees
that no change, extension of time, alteration or addition to the terms of the Work Order and
Agreement or to the Work to be performed thereunder or the Specifications accompanying the
same shall in any way affect its obligation on this bond; and it does hereby waive notice of any
such change, extension of time, alteration or addition to the terms of the Work Order and
Agreement or to the Work or to the Specifications.
PROVIDED, FURTHER, that no final settlement between the OWNER and the CONTRACTOR
shall abridge the right of any beneficiary hereunder, whose claim may be unsatisfied.
PROVIDED, FURTHER, that the Surety Company must be authorized to transact business in the
State of Colorado and be acceptable to the OWNER.
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IN WITNESS WHEREOF, this instrument is executed in three (3) counterparts, each one of which
shall be deemed an original, this _____ day of ___________, _____.
IN PRESENCE OF: Principal
(Title) (Title)
(Corporate Seal)
(Address)
IN PRESENCE OF: Other Partners
By:
By:
IN PRESENCE OF: Surety
By:
(Address)
(Surety Seal)
NOTE: Date of Bond must not be prior to date of Agreement. If CONTRACTOR is
Partnership, all partners should execute Bond.
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SECTION 00630
CERTIFICATE OF INSURANCE
CONTRACTOR shall insert his own standard form for Certificate of Insurance in
accordance with the following:
1. The Contractor will provide, from insurance companies acceptable to the City, the
insurance coverage designated hereinafter and pay all costs. Before commencing work
under this bid, the Contractor shall furnish the City with certificates of insurance showing
the type, amount, class of operations covered, effective dates and date of expiration of
policies, and containing substantially the following statement:
“The insurance evidenced by this Certificate will not reduce coverage or limits and
will not be cancelled, except after thirty (30) days written notice has been received
by the City of Fort Collins.”
In case of the breach of any provision of the Insurance Requirements, the City, at its
option, may take out and maintain, at the expense of the Contractor, such insurance as
the City may deem proper and may deduct the cost of such insurance from any monies
which may be due or become due the Contractor under this Agreement. The City, its
officers, agents and employees shall be named as additional insureds on the
Contractor’s general liability and automobile liability insurance policies for any claims
arising out of work performed under this Agreement.
2. Insurance coverages shall be as follows:
A. Workers' Compensation & Employer's Liability. The Contractor shall maintain
during the life of this Agreement for all of the Contractor's employees engaged in
work performed under this agreement:
1. Workers' Compensation insurance with statutory limits as required by
Colorado law.
2. Employer's Liability insurance with limits of $100,000 per accident,
$500,000 disease aggregate, and $100,000 disease each employee.
B. Commercial General & Vehicle Liability. The Contractor shall maintain during the
life of this Agreement such commercial general liability and automobile liability
insurance as will provide coverage for damage claims of personal injury, including
accidental death, as well as for claims for property damage, which may arise
directly or indirectly from the performance of work under this Agreement.
Coverage for property damage shall be on a "broad form" basis. The amount of
insurance for each coverage, Commercial General and Vehicle, shall not be less
than $1,000,000 combined single limits for bodily injury and property damage.
In the event any work is performed by a subcontractor, the Contractor shall be
responsible for any liability directly or indirectly arising out of the work performed
under this Agreement 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) WORK ORDER # & TITLE:
DATE OF SUBSTANTIAL COMPLETION: ORIGINAL BID/RFP # & TITLE:
PROJECT OR SPECIFIED PART SHALL LOCATION: Fort Collins, Colorado
INCLUDE: OWNER: City of Fort Collins
CONTRACTOR:
WORK ORDER DATE:
The Work performed under this Work Order, pursuant to the Contract Documents, has been
inspected by authorized representatives of the OWNER, CONTRACTOR, and the ENGINEER
and the project (or specified part of the project, as indicated above) is hereby declared to be
substantially completed on the above date.
A tentative list of items to be completed or corrected is appended hereto. This list may not be
exhaustive, and the failure to include an item on it does not alter the responsibility of the
CONTRACTOR to complete all the Work in accordance with the Contract Documents.
_____________________________ By: __________________________ ________
PROJECT MANAGER AUTHORIZED REPRESENTATIVE DATE
The CONTRACTOR accepts the above Certificate of Substantial Completion and agrees to
complete and correct the items on the tentative list within the time indicated.
_____________________________ By: __________________________ ________
CONTRACTOR AUTHORIZED REPRESENTATIVE DATE
The OWNER accepts the project or specified area of the project as substantially complete and
will assume full possession of the project or specified area of the project at 12:01 a.m., on
. The responsibility for heat, utilities, security, and insurance
under the Contract Documents shall be as set forth under "Remarks" below.
CITY OF FORT COLLINS ________ By: __________________________ ________
OWNER AUTHORIZED REPRESENTATIVE DATE
REMARKS: _________________________________________________________________
____________________________________________________________________________
____________________________________________________________________________
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SECTION 00640
CERTIFICATE OF FINAL ACCEPTANCE
DATE: ________________, _____
TO:
Gentlemen:
You are hereby notified that on the day of , , the City of Fort Collins, Colorado,
has accepted the Work completed by , for the City of Fort Collins Work Order, titled ,
Work Order Number under (original bid/rfp # & name).
A check is attached hereto in the amount of $ as Final Payment for all Work done, subject
to the terms of the Contract Documents, including the Work Order, which is dated , and the
AGREEMENT, which is dated .
In conformance with the Work Order and Contract Documents for this project, your obligations
and guarantees will continue for the specified time from the following date:
___________________, _____.
Sincerely,
City of Fort Collins
OWNER
By: ___________________________________________
___________________________________________
Name & Title
ATTEST: _________________________________________
___________________________________________
Name & Title
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SECTION 00650
LIEN WAIVER RELEASE
(CONTRACTOR)
TO: City of Fort Collins, Colorado (OWNER)
FROM: (CONTRACTOR)
WORK ORDER TITLE:
WORK ORDER NUMBER:
ORIGINAL BID/RFP # & TITLE:
1. The CONTRACTOR acknowledges having received payment, except retainage from the
OWNER for all work, labor, skill and material furnished, delivered and performed by the
CONTRACTOR for the OWNER or for anyone in the construction, design, improvement,
alteration, addition or repair of the above described project.
2. In consideration of such payment and other good and valuable consideration, the receipt
and adequacy of which are hereby acknowledged, the CONTRACTOR voluntarily waives
all rights, claims and liens, including but not limited to, mechanic's liens, Miller Act claims
(40 U.S.C.A. 270 a and b), stop notices, equitable liens and labor and material bond rights
which the CONTRACTOR may now or may afterward have, claim or assert for all and any
work, labor, skill or materials furnished, delivered or performed for the construction, design,
improvement, alteration, addition or repair of the above described project, against the
OWNER or its officers, agents, employees or assigns, against any fund of or in the
possession or control of the OWNER, against the project or against all land and the buildings
on and appurtenances to the land improved by the project.
3. The CONTRACTOR affirms that all work, labor and materials, furnished, delivered or
performed to or for the construction, design, improvement, alteration, addition or repair of
the project were furnished, delivered or performed by the CONTRACTOR or its agents,
employees, and servants, or by and through the CONTRACTOR by various Subcontractors
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 attorneys fees,
incurred as a result of such claims.
5. The parties acknowledge that the description of the project set forth above constitutes an
adequate description of the property and improvements to which this Lien Waiver Release
pertains. It is further acknowledged that this Lien Waiver Release is for the benefit of and
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may be relied upon by the OWNER, the lender, if any, and Surety on any labor and material
bonds for the project.
Signed this ______ day of __________, ___.
CONTRACTOR:
By: ___________________________________________
___________________________________________
Name & Title
ATTEST:
_____________________________
Secretary
STATE OF COLORADO )
)ss.
COUNTY OF LARIMER )
Subscribed and sworn to before me this _________ day of __________, _____, by
________________________________________________________________.
Witness my hand and official seal.
My Commission Expires: ___________________________.
_________________________
Notary Public
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SECTION 00660
CONSENT OF SURETY
TO: City of Fort Collins, Colorado (hereinafter referred to as the "OWNER")
CONTRACTOR:
WORK ORDER # & TITLE:
ORIGINAL BID/RFP # & TITLE:
CONTRACT DATE:
WORK ORDER DATE:
In accordance with the provisions of the Work Order and Contract between the OWNER and the
CONTRACTOR as indicated above, for the Work Order titled on bond of
, (Surety) _______________________________________
hereby approves of the Final Payment to the CONTRACTOR, and agrees that Final Payment to
the CONTRACTOR shall not relieve the Surety Company of any of its obligations to the OWNER,
as set forth in the said Surety Company's Bond.
IN WITNESS WHEREOF, the Surety Company has hereunto set its hand this _________ day of
_________ _, _____.
____________________________________________
(Surety Company)
By: ________________________________________
(Name) Attorney-in-Fact
ATTACH: Power of Attorney and Certificate of Authority of Attorney(s)-in-Fact.
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SECTION 00670
APPLICATION FOR EXEMPTION CERTIFICATE
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SECTION 00700
GENERAL 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, Rev. 9/94) and other provisions of the Contract Documents as indicated below.
SC-1 DEFINITIONS
SC-1.38. Add the following language to the conclusion of paragraph 1.38 of the General
Conditions:
1.38. Substantial Completion. .... Substantial Completion is further defined as that
degree of completion of the operating facilities or systems of the Project defined in the
Work Order sufficient to provide the OWNER the full time, uninterrupted, continuous,
beneficial operation of the modifications, and all inspections required have been
completed and identified conditions corrected.
SC-1.43.A. Add the following new paragraph immediately after paragraph 1.43 of the General
Conditions:
1.43.A. Work Order--A written document executed by OWNER and
CONTRACTOR that provides for the construction of a portion of the Work, pursuant
to the Agreement and all as required by the Contract Documents, and that becomes a
Contract Document when executed.
SC-2 PRELIMINARY MATTERS
SC-2.8. Delete paragraph 2.8 of the General Conditions entirely and replace it with the
following paragraph:
2.8. Preconstruction Conference. Within ten days after the Contract Times
for a Work Order start to run, but before any Work at the site is started, a conference
attended by CONTRACTOR, ENGINEER and others as appropriate will be held to
establish a working relationship among the parties as to the Work and to discuss the
schedules referred to in paragraph 2.6, procedures for handling Shop Drawings and
other submittals, processing Applications for Payment, and maintaining required
records.
SC-2.10. Add the following new paragraph immediately after paragraph 2.9 of the General
Conditions:
2.10. Work Order Required for All Work. References to the Agreement in this
Article 2 and in the General and Supplementary Conditions and Contract Documents
notwithstanding, no Work shall be initiated or performed until CONTRACTOR has
received a signed and executed Work Order, incorporating the Notice to Proceed, from
OWNER; and no provision of this Article 2 or of the General and Supplementary
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Conditions and Contract Documents shall permit or require any action of
CONTRACTOR in the absence of a signed and executed Work Order. All provisions
of this Article 2 and of the General and Supplementary Conditions and Contract
Documents referencing the Agreement or other parts of the Contract Documents, or
permitting or requiring any action of CONTRACTOR, shall be read as referencing and,
as appropriate, requiring a signed and executed Work Order.
SC-4 AVAILABILITY OF LANDS; SUBSURFACE AND PHYSICAL CONDITIONS;
REFERENCE POINTS
SC-4.2.1.2. Add the following new paragraph immediately following paragraph 4.2.1.2 of the
General Conditions:
4.2.1.2.1. No drawing of physical conditions in or relating to existing surface or
subsurface structures (except Underground Facilities referred to in paragraph 4.3)
which are at or contiguous to the site have been utilized by the Engineer in preparation
of the Contract Documents, except the following:
SC-5 BONDS AND INSURANCE
SC-5.4.7. 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, Colorado, 4316 LaPorte Avenue, Fort Collins, Colorado
80522
5.4.7.2. .
SC-5.4.8.1. Add the following new paragraph immediately following paragraph 5.4.8 of the
General Conditions:
9.4.8.1. Limits of Liability. The limits of liability for the insurance required by the
paragraph numbers of the General Conditions listed below are as follows:
For Paragraphs 5.02.A.1 and 5.02.A.2: Coverage A - Statutory Limits; Coverage B -
$100,000 / $100,000 / $500,000.
For Paragraphs 5.02.A.3 and 5.02.A.5: The Commercial General Liability policy will
have limits of $1,000,000 combined single limits (CSL). This policy will include
coverage for Explosion, Collapse, and Underground coverage unless waived by the
Owner.
For Paragraph 5.02.A.6: The Comprehensive Automobile Liability Insurance policy
will have limits of $1,000,000 combined single limits (CSL).
For Paragraph 5.02.B.3: This policy will include completed operations coverage /
product liability coverage with limits of $1,000,000 combined single limits (CSL). This
policy shall also include an Umbrella Excess Liability as follows: General liability and
automobile liability insurance in an amount not less than $1,000,000 per occurrence
in excess of the above stated primary limits.
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SC-6 CONTRACTOR’S RESPONSIBILITIES
SC-6.14.3. Add the following new paragraph immediately after paragraph 6.14.2 of the
General Conditions:
6.14.3. The following Laws or Regulations are included in the Contract Documents
as mandated by statute or for the convenience of the CONTRACTOR. Other Laws
and Regulations apply which are not included herein, and are within the
CONTRACTOR's duty and responsibility for compliance thereto:
6.14.3.1. Notice to owners of Underground Facilities is required prior to excavations in
the vicinity of such facilities.
6.14.3.2. Unless otherwise decided by reason of the amount of the Contract Price
involved, or other good reason, before or at the time that the contract is awarded to a
corporation outside the State of Colorado, such corporation must carry out the proper
procedure to become authorized to do business in the State of Colorado, designate a
place of business therein, and appoint an agent for service of process.
Such corporation must furnish the OWNER with a certificate from the Secretary of
State of Colorado has been issued by its office and there shall also be procured from
the Colorado Secretary of State of photostatic or certified copy of the designated of
place of business and appointment of agent for service of process, or a letter from the
Colorado Secretary of State that such designation of place of business and agent for
service of process have been made.
6.14.3.3. The CONTRACTOR must conform to the rules and regulations of the
Industrial Commission of Colorado. Particular reference is made to rules and
regulations governing excavation Work adopted by the Industrial Commission of
Colorado.
SC-11 CHANGE OF CONTRACT PRICE
SC-11.6.2.7. Add the following new paragraph to paragraph 11.6.2 of the General Conditions:
11.6.2.7. Cost of the Work. Allowances for profit, overhead and mark-up prescribed
by Article 4 of the Agreement shall be used in lieu of any CONTRACTOR'S fee,
overhead, profit or mark-up allowances as prescribed in paragraphs 11.6.2.1, 11.6.2.2,
and 11.6.2.3.
SC-12 CHANGE OF CONTRACT TIMES
SC-12.3. Add the following language to the end of paragraph 12.3 of the General Conditions:
12.3. .... Lost days due to abnormal weather conditions will be allocated as
required.
SC-14 PAYMENTS TO CONTRACTOR AND COMPLETION
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SC-14.1. Add the following language to the end of paragraph 14.1 of the General Conditions:
14.1. Schedule of Values. .... Progress payments on the fixed fee shall be in
proportion to the cumulative actual Cost of the Work as a percentage of the Allowable
Cost of the Work. An amount not to exceed fifteen (15%) percent of the fixed fee shall
be advanced to the Contractor for mobilization in the first progress payment.
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SECTION 00900
ADDENDA, MODIFICATIONS AND PAYMENT
00950 Change Order
00960 Application for Payment
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SECTION 00950
CHANGE ORDER FORM
CHANGE ORDER NO.
CONTRACTOR:
WORK ORDER TITLE & NO. :
ORIGINAL BID/RFP # & TITLE:
DESCRIPTION:
1. Reason for change:
2. Description of Change:
3. Change in Contract Cost:
4. Change in Contract Time:
ORIGINAL CONTRACT COSTS $ ________________
TOTAL APPROVED CHANGE ORDER(S) $ ________________
TOTAL PENDING CHANGE ORDER(S) $ ________________
TOTAL THIS CHANGE ORDER $ ________________
TOTAL % OF ORIGINAL CONTRACT, THIS CO: _______________ %
TOTAL % OF ORIGINAL CONTRACT, ALL CO’S: _______________ %
ADJUSTED CONTRACT COST $ ________________
_________________
(Assuming all change orders approved)
ACCEPTED BY: _____________________________________ DATE: ____________
Contractor's Representative
ACCEPTED BY: _____________________________________ DATE: ____________
Project Manager
REVIEWED BY: _____________________________________ DATE: ____________
Title:
APPROVED BY: _____________________________________ DATE: ____________
Title:
APPROVED BY: _____________________________________ DATE: ____________
(Purchasing Agent if > $60,000)
cc: City Clerk Architect/Engineer
Finance Purchasing
Project Manager Contractor
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SECTION 00960
PAYMENT APPLICATION
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Section 00960
APPLICATION FOR PAYMENT PAGE 1
OWNER: City of Fort Collins PROJECT: APPLICATION NUMBER:
APPLICATION DATE:
PERIOD BEGINNING:
ENGINEER: CONTRACTOR: PERIOD ENDING:
PROJECT NUMBER:
CHANGE ORDERS Application is made for Payment as shown below in connection with Contract
DATE AMOUNT
The present status of the account for this Contract is as
follows:
Original Contract Amount:
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:
e by Change Order $0.00 AMOUNT DUE THIS APPLICATION:
ATION:
signed CONTRACTOR certifies that all obligations of CONTRACTOR incurred in connection with
have been satisfied as required in Paragraph 14.3. of the General Conditions of the Contract.
Amount Due This Application is requested by the CONTRACTOR.
By:
of the above Amount Due This Application is recommended by the ENGINEER.
By:
of the above Amount Due This Application has been reviewed by the OWNER'S Project Manager.
By:
of the above Amount Due This Application is approved by the OWNER.
By:
CONTRACT AMOUNTS
APPLICATION FOR
PAYMENT PAGE 2
Work
Completed
Work
Completed
Work
Completed Stored
This
Month
Previous
Periods
To
Date Materials Total
This Earned
r Description Quantity Units
Unit
Price Amount Qty. Amount Qty. Amount Qty. Amount Period
To
Date
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$0.00 $0.00 $0.00 $0.00 $0.00
$0.00 $0.00 $0.00 $0.00 $0.00
$0.00 $0.00 $0.00 $0.00 $0.00
$0.00 $0.00 $0.00 $0.00 $0.00
$0.00 $0.00 $0.00 $0.00 $0.00
$0.00 $0.00 $0.00 $0.00 $0.00
$0.00 $0.00 $0.00 $0.00 $0.00
$0.00 $0.00 $0.00 $0.00 $0.00
$0.00 $0.00 $0.00 $0.00 $0.00
$0.00 $0.00 $0.00 $0.00 $0.00
$0.00 $0.00 $0.00 $0.00 $0.00
$0.00 $0.00 $0.00 $0.00 $0.00
$0.00 $0.00 $0.00 $0.00 $0.00
$0.00 $0.00 $0.00 $0.00 $0.00
$0.00 $0.00 $0.00 $0.00 $0.00
$0.00 $0.00 $0.00 $0.00 $0.00
$0.00 $0.00 $0.00 $0.00 $0.00
$0.00 $0.00 $0.00 $0.00 $0.00
$0.00 $0.00 $0.00 $0.00 $0.00
$0.00 $0.00 $0.00 $0.00 $0.00
$0.00 $0.00 $0.00 $0.00 $0.00
$0.00 $0.00 $0.00 $0.00 $0.00
$0.00 $0.00 $0.00 $0.00 $0.00
$0.00 $0.00 $0.00 $0.00 $0.00
$0.00 $0.00 $0.00 $0.00 $0.00
$0.00 $0.00 $0.00 $0.00 $0.00
$0.00 $0.00 $0.00 $0.00 $0.00
$0.00 $0.00 $0.00 $0.00 $0.00
$0.00 $0.00 $0.00 $0.00 $0.00
$0.00 $0.00 $0.00 $0.00 $0.00
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CHANGE ORDERS APPLICATION FOR PAYMENT PAGE 3
Work
Completed
Work
Completed
Work
Completed Stored
This
Month
Previous
Periods
To
Date Materials Total
This Earned
r Description Quantity Units
Unit
Price Amount Qty. Amount Qty. Amount Qty. Amount Period
To
Date
$0.00 $0.00 $0.00 $0.00 $0.00
$0.00 $0.00 $0.00 $0.00 $0.00
$0.00 $0.00 $0.00 $0.00 $0.00
$0.00 $0.00 $0.00 $0.00 $0.00
$0.00 $0.00 $0.00 $0.00 $0.00
$0.00 $0.00 $0.00 $0.00 $0.00
$0.00 $0.00 $0.00 $0.00 $0.00
$0.00 $0.00 $0.00 $0.00 $0.00
$0.00 $0.00 $0.00 $0.00 $0.00
$0.00 $0.00 $0.00 $0.00 $0.00
$0.00 $0.00 $0.00 $0.00 $0.00
$0.00 $0.00 $0.00 $0.00 $0.00
$0.00 $0.00 $0.00 $0.00 $0.00
$0.00 $0.00 $0.00 $0.00 $0.00
$0.00 $0.00 $0.00 $0.00 $0.00
$0.00 $0.00 $0.00 $0.00 $0.00
$0.00 $0.00 $0.00 $0.00 $0.00
$0.00 $0.00 $0.00 $0.00 $0.00
$0.00 $0.00 $0.00 $0.00 $0.00
$0.00 $0.00 $0.00 $0.00 $0.00
$0.00 $0.00 $0.00 $0.00 $0.00
$0.00 $0.00 $0.00 $0.00 $0.00
$0.00 $0.00 $0.00 $0.00 $0.00
$0.00 $0.00 $0.00 $0.00 $0.00
$0.00 $0.00 $0.00 $0.00 $0.00
$0.00 $0.00 $0.00 $0.00 $0.00
$0.00 $0.00 $0.00 $0.00 $0.00
$0.00 $0.00 $0.00 $0.00 $0.00
TOTALS CHANGE
ORDERS $0.00 $0.00 $0.00 $0.00 $0.00
PROJECT TOTALS $0.00 $0.00 $0.00 $0.00 $0.00
STORED MATERIALS
SUMMARY PAGE 4 OF
On Hand Received Installed On Hand
m Invoice Previous This This This
ber Number Description Application Period Period Application
$0.00
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$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$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
EXHIBIT B
WORK ORDER FORM (Construction over $100,000)
CONSTRUCTION WORK ORDER
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FOR
[ORIGINAL PROJECT # AND NAME]
WORK ORDER NO.
TITLED
(WORK ORDER TITLE)
DATE:
CONTRACTOR:
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TABLE OF CONTENTS
AGREEMENT FORMS
00525 Work Order & Notice of Award
00530 Work Order Notice to Proceed
00600 Bonds and Certificates
00610 Performance Bond
00615 Payment Bond
00630 Certificate of Insurance
00635 Certificate of Substantial Completion
00640 Certificate of Final Acceptance
00650 Lien Waiver Release (CONTRACTOR)
00660 Consent of Surety
00670 Application for Exemption Certificate
CONDITIONS OF THE CONTRACT
00700 General Conditions
Exhibit GC-A GC-A1 - GC-A2
00800 Supplementary Conditions
00900 Addenda, Modifications and Payment
00950 Work Order Change Order Form
00960 Application for Payment
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SECTION 00500
CONSTRUCTION WORK ORDER AGREEMENT FORMS
00525 Work Order, Notice of Award & Bid Schedule
00530 Work Order Notice to Proceed
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SECTION 00525
WORK ORDER, NOTICE OF AWARD AND BID SCHEDULE
TO (CONTRACTOR OR CM/GC):
WORK ORDER # & TITLE:
PURCHASE ORDER:
ORIGINAL BID/RFP # & TITLE:
ENGINEER:
OWNER’S REPRESENTATIVE:
NOTICE OF AWARD DATE:
OWNER: City of Fort Collins (hereinafter referred to as OWNER)
5. WORK. You are hereby notified that your bid dated , for the above Work Order has
been considered. Pursuant to your AGREEMENT with OWNER dated , you have
been awarded a Work Order for this Work Order Description:
B. See Section 01100 – Summary of Work.
6. CONTRACT PRICE, BONDS AND CERTIFICATES. The price of your Work Order is
($ ). Pursuant to the AGREEMENT and the Contract Documents, Performance
and Payment Bonds and insurance are required.
7. CONTRACT TIMES. Pursuant to the AGREEMENT and the Contract Documents, the date
for Substantial Completion of this Work Order is , and after Substantial Completion,
the date for Final Completion is .
8. LIQUIDATED DAMAGES. OWNER and CONTRACTOR recognize that time is of the
essence of this Agreement and that OWNER will suffer financial loss if the Work is not
completed within the times specified in paragraph 3 above, plus any extensions thereof
allowed in accordance with Article 12 of the General Conditions. They also recognize the
delays, expenses and difficulties involved in proving in a legal proceeding the actual loss
suffered by OWNER if the Work is not completed on time. Accordingly instead of requiring
any such proof, OWNER and CONTRACTOR agree that as liquidated damages for delay
(but not as penalty) CONTACTOR shall pay OWNER the amounts set forth hereafter.
3. Substantial Completion: ($ ) for each calendar day or fraction
thereof that expires after until the work is Substantially Complete.
4. Final Acceptance: After Substantial Completion ($ ) for each
calendar day or fraction thereof that expires after the period for Final
Payment and Acceptance until the Work is ready for Final Payment and
Acceptance.
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.
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5.1 PROGRESS PAYMENTS. OWNER shall make progress payments on
account of the Contract Price on the basis of CONTRACTOR's Application
for Payment as recommended by ENGINEER, once each month during
construction as provided below. All progress payments will be on the basis
of the progress of the Work measured by the schedule of values
established in paragraph 2.6 of the General Conditions and in the case of
Unit Price Work based on the number of units completed, and in
accordance with the General Requirements concerning Unit Price Work.
5.1.1 Prior to Substantial Completion, Owner will be entitled to withhold as
contract retainage five percent (5%) of each progress payment, but, in each
case, less the aggregate of payments previously made and less such
amounts as ENGINEER shall determine, or OWNER may withhold, in
accordance with paragraph 14.7 of the General Conditions. If , in the sole
discretion of Owner, on recommendation of Engineer, Owner determines
that the character and progress of the Work have been satisfactory to
OWNER and ENGINEER, OWNER may determine that as long as the
character and progress of the Work remain satisfactory to them, there will
be no additional retainage on account of Work completed in which case the
remaining progress payments prior to Substantial Completion will be in an
amount equal to 100% of the Work completed. 95% of materials and
equipment not incorporated in the Work (but delivered, suitably stored and
accompanied by documentation satisfactory to OWNER as provided in
paragraph 14.2 of the General Conditions) may be included in the
application Section 00960.
5.1.2 Upon Substantial Completion payment will be made in an amount sufficient,
if necessary, to increase total payments to CONTRACTOR to 95% of the
Contract Price, less such amounts as ENGINEER shall determine or
OWNER may withhold in accordance with paragraph 14.7 of the General
Conditions or as provided by law.
5.2 FINAL PAYMENT. Upon Final Completion and Acceptance of the Work in
accordance with paragraph 14.13 of the General Conditions, OWNER shall
pay the remainder of the Contract Price as recommended by ENGINEER
as provided in said paragraph 14.13.
7. CONTRACTOR'S REPRESENTATION. In order to induce OWNER to enter into this
Agreement, CONTRACTOR makes the following representations:
6.1 CONTRACTOR has familiarized himself with the nature and extent of the
Contract Documents, Work, site, locality, and with all local conditions and
Laws and Regulations that in any manner may affect cost, progress,
performance or furnishing of the Work.
6.2 CONTRACTOR has studied carefully all reports of explorations and tests of
subsurface conditions and drawings of physical conditions which are
identified in the Supplementary Conditions as provided in paragraph 4.2 of
the General Conditions.
6.3 CONTRACTOR has obtained and carefully studied (or assumes
responsibility for obtaining and carefully studying) all such examinations,
investigations, explorations, tests, reports, and studies (in addition to or to
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supplement those referred to in paragraph 6.2 above) which pertain to the
subsurface or physical condition at or contiguous to the site or otherwise
may affect the cost, progress, performance or furnishing of the Work as
CONTRACTOR considers necessary for the performance or furnishing of
the Work at the Contract Price, within the Contract Times and in
accordance with the other terms and conditions of the Contract Documents,
including specifically the provisions of paragraph 4.2 of the General
Conditions; and no additional examinations, investigations, explorations,
tests, reports, studies or similar information or data are or will be required
by CONTRACTOR for such purposes.
6.4 CONTRACTOR has reviewed and checked all information and data shown
or indicated on the Contract Documents with respect to existing
Underground Facilities at or contiguous to the site and assumes
responsibility for the accurate location of said Underground Facilities. No
additional examinations, investigations, explorations, tests, reports, studies
or similar information or data in respect of said Underground Facilities are
or will be required by CONTRACTOR in order to perform and furnish the
Work at the Contract Price, within the Contract Times and in accordance
with the other terms and conditions of the Contract Documents, including
specifically the provision of paragraph 4.3. of the General Conditions.
6.5 CONTRACTOR has correlated the results of all such observations,
examinations, investigations, tests, reports and data with the terms and
conditions of the Contract Documents.
6.6 CONTRACTOR has given ENGINEER written notice of all conflicts, errors
or discrepancies that he has discovered in the Contract Documents and the
written resolution thereof by ENGINEER is acceptable to CONTRACTOR.
9. CONTRACT DOCUMENTS.
7.1 The Contract Documents which comprise the entire Agreement between
OWNER and CONTRACTOR concerning the Work consist of the General
Conditions, Supplementary Conditions, those items included in the
definition of “Contract Documents” in Article 1.10 of the General Conditions,
and such other items as are referenced in this Article 7, all of which are
incorporated herein by this reference.
7.2 Forms for use by CONTRACTOR in performing the Work and related
actions in carrying out the terms of this Agreement are deemed Contract
Documents and incorporated herein by this reference, and include, but are
not limited to, the following:
7.2.1 Certificate of Substantial Completion
7.2.2 Certificate of Final Acceptance
7.2.3 Lien Waiver Releases
7.2.4 Consent of Surety
7.2.5 Application for Exemption Certificate
7.2.6 Application for Payment
7.3 Drawings, consisting of a cover sheet and sheets numbered as follows:
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The Contract Drawings shall be stamped "Final for Construction" and
dated. Any revisions made shall be clearly identified and dated.
7.4 The Contract Documents also include all written amendments and other
documents amending, modifying, or supplementing the Contract
Documents pursuant to paragraphs 3.5 and 3.6 of the General Conditions.
7.5 There are no Contract Documents other than those listed or incorporated
by reference in this Article 7. The Contract Documents may only be
amended, modified or supplemented as provided in paragraphs 3.5 and 3.6
of the General Conditions.
10. MISCELLANEOUS
8.1. Terms used in this Agreement which are defined in Article I of the General
Conditions shall have the meanings indicated in the General Conditions.
8.2. No assignment by a party hereto of any rights under or interests in the
Contract Documents will be binding on another party hereto without the
written consent of the party sought to be bound; and specifically but not
without limitations, moneys that may become due and moneys that are due
may not be assigned without such consent (except to the extent that the
effect of this restriction may be limited by law), and unless specifically
stated to the contrary in any written consent to an assignment no
assignment will release or discharge that assignor from any duty or
responsibility under the Contract Document.
8.3. OWNER and CONTRACTOR each binds itself, its partners,
successors, assigns and legal representatives to the other party
hereto, its partners, successors, assigns and legal representatives in
respect to all covenants, Agreement and obligations contained in the
Contract Document.
10. EXECUTION. Three (3) copies of this proposed Work Order & Notice of Award, and
accompanying amendments or supplements to the Contract Documents (except any
applicable Drawings) incorporated herein, are provided. Three (3) sets of any applicable
Drawings will be delivered separately or otherwise made available to you immediately. You
must comply with the following conditions precedent within fifteen (15) days of the date of
this Notice of Award, that is, by .
C. You must deliver to OWNER three (3) fully-executed counterparts of this Work Order,
including all amendments or supplements to the Contract Documents incorporated
herein. Each Work Order must bear your signature as provided.
D. You must deliver with the executed Work Order the Contract Security (Bonds) and
insurance, as specified in the Agreement, this Work Order, the General Conditions
(Article 5.1) and the Supplementary Conditions.
Failure to comply with these conditions within the time specified will entitle OWNER to consider
your Bid abandoned and to annul this Work Order & Notice of Award. Within ten (10) days after
you comply with those conditions, OWNER will return to you one (1) fully-signed counterpart of
this Work Order with any amendments or supplements to the Contract Documents attached.
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CONTRACTOR’S NOTICE OF AWARD REPRESENTATION & EXECUTION:
CONTRACTOR agrees to perform the services identified above, in accordance with the terms
and conditions contained herein and in the AGREEMENT dated , and the NOTICE OF
AWARD dated , between the parties. In the event of a conflict between or ambiguity in the
terms of the AGREEMENT or specific Work Orders, the AGREEMENT shall control.
CONTRACTOR:
By: Date:
Name: Title:
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OWNER’S ACCEPTANCE & EXECUTION:
This Work Order and the attached Contract Documents are hereby accepted and incorporated
herein by this reference and the attached Notice to Proceed is hereby given.
ACCEPTANCE: Date: _____
, Projects Manager
OWNER: CITY OF FORT COLLINS
ACCEPTANCE: ___________________________________________ Date: __________
Kelly DiMartino, City Manager
(if greater than $1,000,000)
ACCEPTANCE: ___________________________________________ Date: __________
Gerry Paul, Purchasing Director
(if greater than $60,000)
APPROVED AS TO FORM: __________________________________ Date: __________
ATTEST: ___ ________________________________________ Date: __________
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BID SCHEDULE
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SECTION 00530
WORK ORDER NOTICE TO PROCEED
NOTICE TO PROCEED DATE:
WORK ORDER TITLE:
WORK ORDER NUMBER:
ORIGINAL BID/RFP # & TITLE:
TO:
Attn:
This notice is to advise you:
That the Work Order and all amendments and supplements to the Contract Documents covering
the above described Work have been fully executed by the CONTRACTOR and the OWNER.
That the required CONTRACTOR's Performance and Payment Bonds and insurance have been
received by the OWNER. That the OWNER has approved the said Work Order and Contract
Documents.
Therefore, as the CONTRACTOR for the above described Work, you are hereby authorized and
directed to proceed within ( ) calendar days from receipt of this notice as required
by the Work Order and the AGREEMENT.
The dates for Substantial Completion and Final Acceptance shall be , and ,
respectively.
Dated this _____________ day of ___________, _____.
CITY OF FORT COLLINS (OWNER)
By: ___________________________________________
___________________________________________
Name & Title
ACKNOWLEDGMENT OF NOTICE
Receipt of the above Work Order Notice to Proceed is hereby acknowledged this _____________
day of ___________, _____.
(CONTRACTOR)
By: ___________________________________________
___________________________________________
Name & Title
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SECTION 00600
BONDS AND CERTIFICATES
00610 Performance Bond
00615 Payment Bond
00630 Certificate of Insurance
00635 Certificate of Substantial Completion
00640 Certificate of Final Acceptance
00650 Lien Waiver Release (CONTRACTOR)
00651 Lien Waiver Release (SUBCONTRACTOR)
00660 Consent of Surety
00670 Application for Exemption Certificate
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SECTION 00610
PERFORMANCE BOND
Bond No __
KNOW ALL MEN BY THESE PRESENTS: that
(Firm)
(Address)
(an Individual), (a Partnership), (a Corporation), hereinafter referred to as the "Principal" and
(Firm)
(Address)
hereinafter referred to as "the Surety", are held and firmly bound unto City of Fort Collins, 300
LaPorte Ave, Fort Collins, Colorado 80522 a (Municipal Corporation) hereinafter referred to as
the "OWNER", in the penal sum of ($ ) in lawful money of the United States, for the
payment of which sum well and truly to be made, we bind ourselves, successors and assigns,
jointly and severally, firmly by these presents.
THE CONDITIONS OF THIS OBLIGATION are such that whereas the Principal entered into a
certain Agreement with the OWNER, dated the day of , 2 , for (original bid/rfp
# & name) a copy of which is hereto attached and made a part hereof, for the performance of The
City of Fort Collins Work Order, titled , Work Order Number , dated the day
of , , a copy of which is hereto attached and made a part hereof.
NOW, THEREFORE, if the Principal shall well, truly and faithfully perform its duties, all the
undertakings, covenants, terms, conditions and agreements of said Work Order and Agreement
during the original term thereof, and any extensions thereof which may be granted by the
OWNER, with or without Notice to the Surety and during the life of the guaranty period, and if the
Principal shall satisfy all claims and demands incurred under such Work Order and Agreement,
and shall fully indemnify and save harmless the OWNER from all cost and damages which it may
suffer by reason of failure to do so, and shall reimburse and repay the OWNER all outlay and
expense which the OWNER may incur in making good any default, then this obligation shall be
void; otherwise to remain in full force and effect.
PROVIDED, FURTHER, that the said Surety, for value received, hereby stipulates and agrees
that no change, extension of time, alteration or addition to the terms of the Work Order and
Agreement or to the Work to be performed thereunder or the Specifications accompanying the
same shall in any way affect its obligation on this bond; and it does hereby waive notice of any
such change, extension of time, alteration or addition to the terms of the Work Order and
Agreement or to the Work or to the Specifications.
PROVIDED, FURTHER, that no final settlement between the OWNER and the CONTRACTOR
shall abridge the right of any beneficiary hereunder, whose claim may be unsatisfied.
PROVIDED, FURTHER, that the Surety Company must be authorized to transact business in the
State of Colorado and be acceptable to the OWNER.
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IN WITNESS WHEREOF, this instrument is executed in three (3) counterparts, each one of which
shall be deemed an original, this _____ day of ___________, _____.
IN PRESENCE OF: Principal
(Title) (Title)
(Corporate Seal)
(Address)
IN PRESENCE OF: Other Partners
By:
By:
IN PRESENCE OF: Surety
By:
(Address)
(Surety Seal)
NOTE: Date of Bond must not be prior to date of Agreement. If CONTRACTOR is
Partnership, all partners should execute Bond.
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SECTION 00615
PAYMENT BOND
Bond No __
KNOW ALL MEN BY THESE PRESENTS: that
(Firm)
(Address)
(an Individual), (a Partnership), (a Corporation), hereinafter referred to as the "Principal" and
(Firm)
(Address)
hereinafter referred to as "the Surety", are held and firmly bound unto City of Fort Collins, 300
LaPorte Ave, Fort Collins, Colorado 80522 a (Municipal Corporation) hereinafter referred to as
the "OWNER", in the penal sum of ($ ) in lawful money of the United States, for the
payment of which sum well and truly to be made, we bind ourselves, successors and assigns,
jointly and severally, firmly by these presents.
THE CONDITIONS OF THIS OBLIGATION are such that whereas the Principal entered into a
certain Agreement with the OWNER, dated the day of , , for (original bid/rfp #
& name), a copy of which is hereto attached and made a part hereof, for the performance of The
City of Fort Collins Work Order, titled , Work Order Number , dated the day of
, , a copy of which is hereto attached and made a part hereof.
NOW, THEREFORE, if the Principal shall make payment to all persons, firms, subcontractors,
and corporations furnishing materials for or performing labor in the prosecution of the Work
provided for in such Work Order and Agreement and any authorized extension or modification
thereof, including all amounts due for materials, lubricants, repairs on machinery, equipment and
tools, consumed, rented or used in connection with the construction of such Work, and all
insurance premiums on said Work, and for all labor, performed in such Work whether by
subcontractor or otherwise, then this obligation shall be void; otherwise to remain in full force and
effect.
PROVIDED, FURTHER, that the said Surety, for value received, hereby stipulates and agrees
that no change, extension of time, alteration or addition to the terms of the Work Order and
Agreement or to the Work to be performed thereunder or the Specifications accompanying the
same shall in any way affect its obligation on this bond; and it does hereby waive notice of any
such change, extension of time, alteration or addition to the terms of the Work Order and
Agreement or to the Work or to the Specifications.
PROVIDED, FURTHER, that no final settlement between the OWNER and the CONTRACTOR
shall abridge the right of any beneficiary hereunder, whose claim may be unsatisfied.
PROVIDED, FURTHER, that the Surety Company must be authorized to transact business in the
State of Colorado and be acceptable to the OWNER.
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IN WITNESS WHEREOF, this instrument is executed in three (3) counterparts, each one of which
shall be deemed an original, this _____ day of ___________, _____.
IN PRESENCE OF: Principal
(Title) (Title)
(Corporate Seal)
(Address)
IN PRESENCE OF: Other Partners
By:
By:
IN PRESENCE OF: Surety
By:
(Address)
(Surety Seal)
NOTE: Date of Bond must not be prior to date of Agreement. If CONTRACTOR is
Partnership, all partners should execute Bond.
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SECTION 00630
CERTIFICATE OF INSURANCE
CONTRACTOR shall insert his own standard form for Certificate of Insurance in
accordance with the following:
2. The Contractor will provide, from insurance companies acceptable to the City, the
insurance coverage designated hereinafter and pay all costs. Before commencing work
under this bid, the Contractor shall furnish the City with certificates of insurance showing
the type, amount, class of operations covered, effective dates and date of expiration of
policies, and containing substantially the following statement:
“The insurance evidenced by this Certificate will not reduce coverage or limits and
will not be cancelled, except after thirty (30) days written notice has been received
by the City of Fort Collins.”
In case of the breach of any provision of the Insurance Requirements, the City, at its
option, may take out and maintain, at the expense of the Contractor, such insurance as
the City may deem proper and may deduct the cost of such insurance from any monies
which may be due or become due the Contractor under this Agreement. The City, its
officers, agents and employees shall be named as additional insureds on the
Contractor’s general liability and automobile liability insurance policies for any claims
arising out of work performed under this Agreement.
2. Insurance coverages shall be as follows:
A. Workers' Compensation & Employer's Liability. The Contractor shall maintain
during the life of this Agreement for all of the Contractor's employees engaged in
work performed under this agreement:
1. Workers' Compensation insurance with statutory limits as required by
Colorado law.
2. Employer's Liability insurance with limits of $100,000 per accident,
$500,000 disease aggregate, and $100,000 disease each employee.
B. Commercial General & Vehicle Liability. The Contractor shall maintain during the
life of this Agreement such commercial general liability and automobile liability
insurance as will provide coverage for damage claims of personal injury, including
accidental death, as well as for claims for property damage, which may arise
directly or indirectly from the performance of work under this Agreement.
Coverage for property damage shall be on a "broad form" basis. The amount of
insurance for each coverage, Commercial General and Vehicle, shall not be less
than $1,000,000 combined single limits for bodily injury and property damage.
In the event any work is performed by a subcontractor, the Contractor shall be
responsible for any liability directly or indirectly arising out of the work performed
under this Agreement 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) WORK ORDER # & TITLE:
DATE OF SUBSTANTIAL COMPLETION: ORIGINAL BID/RFP # & TITLE:
PROJECT OR SPECIFIED PART SHALL LOCATION: Fort Collins, Colorado
INCLUDE: OWNER: City of Fort Collins
CONTRACTOR:
WORK ORDER DATE:
The Work performed under this Work Order, pursuant to the Contract Documents, has been
inspected by authorized representatives of the OWNER, CONTRACTOR, and the ENGINEER
and the project (or specified part of the project, as indicated above) is hereby declared to be
substantially completed on the above date.
A tentative list of items to be completed or corrected is appended hereto. This list may not be
exhaustive, and the failure to include an item on it does not alter the responsibility of the
CONTRACTOR to complete all the Work in accordance with the Contract Documents.
_____________________________ By: __________________________ ________
PROJECT MANAGER AUTHORIZED REPRESENTATIVE DATE
The CONTRACTOR accepts the above Certificate of Substantial Completion and agrees to
complete and correct the items on the tentative list within the time indicated.
_____________________________ By: __________________________ ________
CONTRACTOR AUTHORIZED REPRESENTATIVE DATE
The OWNER accepts the project or specified area of the project as substantially complete and
will assume full possession of the project or specified area of the project at 12:01 a.m., on
. The responsibility for heat, utilities, security, and insurance
under the Contract Documents shall be as set forth under "Remarks" below.
CITY OF FORT COLLINS ________ By: __________________________ ________
OWNER AUTHORIZED REPRESENTATIVE DATE
REMARKS: _________________________________________________________________
____________________________________________________________________________
____________________________________________________________________________
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SECTION 00640
CERTIFICATE OF FINAL ACCEPTANCE
DATE: ________________, _____
TO:
Gentlemen:
You are hereby notified that on the day of , , the City of Fort Collins, Colorado,
has accepted the Work completed by , for the City of Fort Collins Work Order, titled ,
Work Order Number under (original bid/rfp # & name).
A check is attached hereto in the amount of $ as Final Payment for all Work done, subject
to the terms of the Contract Documents, including the Work Order, which is dated , and the
AGREEMENT, which is dated .
In conformance with the Work Order and Contract Documents for this project, your obligations
and guarantees will continue for the specified time from the following date:
___________________, _____.
Sincerely,
City of Fort Collins
OWNER
By: ___________________________________________
___________________________________________
Name & Title
ATTEST: _________________________________________
___________________________________________
Name & Title
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SECTION 00650
LIEN WAIVER RELEASE
(CONTRACTOR)
TO: City of Fort Collins, Colorado (OWNER)
FROM: (CONTRACTOR)
WORK ORDER TITLE:
WORK ORDER NUMBER:
ORIGINAL BID/RFP # & TITLE:
1. The CONTRACTOR acknowledges having received payment, except retainage from the
OWNER for all work, labor, skill and material furnished, delivered and performed by the
CONTRACTOR for the OWNER or for anyone in the construction, design, improvement,
alteration, addition or repair of the above described project.
2. In consideration of such payment and other good and valuable consideration, the receipt
and adequacy of which are hereby acknowledged, the CONTRACTOR voluntarily waives
all rights, claims and liens, including but not limited to, mechanic's liens, Miller Act claims
(40 U.S.C.A. 270 a and b), stop notices, equitable liens and labor and material bond rights
which the CONTRACTOR may now or may afterward have, claim or assert for all and any
work, labor, skill or materials furnished, delivered or performed for the construction, design,
improvement, alteration, addition or repair of the above described project, against the
OWNER or its officers, agents, employees or assigns, against any fund of or in the
possession or control of the OWNER, against the project or against all land and the buildings
on and appurtenances to the land improved by the project.
3. The CONTRACTOR affirms that all work, labor and materials, furnished, delivered or
performed to or for the construction, design, improvement, alteration, addition or repair of
the project were furnished, delivered or performed by the CONTRACTOR or its agents,
employees, and servants, or by and through the CONTRACTOR by various Subcontractors
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 attorneys fees,
incurred as a result of such claims.
5. The parties acknowledge that the description of the project set forth above constitutes an
adequate description of the property and improvements to which this Lien Waiver Release
pertains. It is further acknowledged that this Lien Waiver Release is for the benefit of and
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may be relied upon by the OWNER, the lender, if any, and Surety on any labor and material
bonds for the project.
Signed this ______ day of __________, ___.
CONTRACTOR:
By: ___________________________________________
___________________________________________
Name & Title
ATTEST:
_____________________________
Secretary
STATE OF COLORADO )
)ss.
COUNTY OF LARIMER )
Subscribed and sworn to before me this _________ day of __________, _____, by
________________________________________________________________.
Witness my hand and official seal.
My Commission Expires: ___________________________.
_________________________
Notary Public
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SECTION 00660
CONSENT OF SURETY
TO: City of Fort Collins, Colorado (hereinafter referred to as the "OWNER")
CONTRACTOR:
WORK ORDER # & TITLE:
ORIGINAL BID/RFP # & TITLE:
CONTRACT DATE:
WORK ORDER DATE:
In accordance with the provisions of the Work Order and Contract between the OWNER and the
CONTRACTOR as indicated above, for the Work Order titled on bond of
, (Surety) _______________________________________
hereby approves of the Final Payment to the CONTRACTOR, and agrees that Final Payment to
the CONTRACTOR shall not relieve the Surety Company of any of its obligations to the OWNER,
as set forth in the said Surety Company's Bond.
IN WITNESS WHEREOF, the Surety Company has hereunto set its hand this _________ day of
_________ _, _____.
____________________________________________
(Surety Company)
By: ________________________________________
(Name) Attorney-in-Fact
ATTACH: Power of Attorney and Certificate of Authority of Attorney(s)-in-Fact.
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SECTION 00670
APPLICATION FOR EXEMPTION CERTIFICATE
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SECTION 00700
GENERAL 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, Rev. 9/94) and other provisions of the Contract Documents as indicated below.
SC-1 DEFINITIONS
SC-1.38. Add the following language to the conclusion of paragraph 1.38 of the General
Conditions:
1.38. Substantial Completion. .... Substantial Completion is further defined as that
degree of completion of the operating facilities or systems of the Project defined in the
Work Order sufficient to provide the OWNER the full time, uninterrupted, continuous,
beneficial operation of the modifications, and all inspections required have been
completed and identified conditions corrected.
SC-1.43.A. Add the following new paragraph immediately after paragraph 1.43 of the General
Conditions:
1.43.A. Work Order--A written document executed by OWNER and
CONTRACTOR that provides for the construction of a portion of the Work, pursuant
to the Agreement and all as required by the Contract Documents, and that becomes a
Contract Document when executed.
SC-2 PRELIMINARY MATTERS
SC-2.8. Delete paragraph 2.8 of the General Conditions entirely and replace it with the
following paragraph:
2.8. Preconstruction Conference. Within ten days after the Contract Times
for a Work Order start to run, but before any Work at the site is started, a conference
attended by CONTRACTOR, ENGINEER and others as appropriate will be held to
establish a working relationship among the parties as to the Work and to discuss the
schedules referred to in paragraph 2.6, procedures for handling Shop Drawings and
other submittals, processing Applications for Payment, and maintaining required
records.
SC-2.10. Add the following new paragraph immediately after paragraph 2.9 of the General
Conditions:
2.10. Work Order Required for All Work. References to the Agreement in this
Article 2 and in the General and Supplementary Conditions and Contract Documents
notwithstanding, no Work shall be initiated or performed until CONTRACTOR has
received a signed and executed Work Order, incorporating the Notice to Proceed, from
OWNER; and no provision of this Article 2 or of the General and Supplementary
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Conditions and Contract Documents shall permit or require any action of
CONTRACTOR in the absence of a signed and executed Work Order. All provisions
of this Article 2 and of the General and Supplementary Conditions and Contract
Documents referencing the Agreement or other parts of the Contract Documents, or
permitting or requiring any action of CONTRACTOR, shall be read as referencing and,
as appropriate, requiring a signed and executed Work Order.
SC-4 AVAILABILITY OF LANDS; SUBSURFACE AND PHYSICAL CONDITIONS;
REFERENCE POINTS
SC-4.2.1.2. Add the following new paragraph immediately following paragraph 4.2.1.2 of the
General Conditions:
4.2.1.2.1. No drawing of physical conditions in or relating to existing surface or
subsurface structures (except Underground Facilities referred to in paragraph 4.3)
which are at or contiguous to the site have been utilized by the Engineer in preparation
of the Contract Documents, except the following:
SC-5 BONDS AND INSURANCE
SC-5.4.7. 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, Colorado, 4316 LaPorte Avenue, Fort Collins, Colorado
80522
5.4.7.2. .
SC-5.4.8.1. Add the following new paragraph immediately following paragraph 5.4.8 of the
General Conditions:
10.4.8.1. Limits of Liability. The limits of liability for the insurance required by the
paragraph numbers of the General Conditions listed below are as follows:
For Paragraphs 5.02.A.1 and 5.02.A.2: Coverage A - Statutory Limits; Coverage B -
$100,000 / $100,000 / $500,000.
For Paragraphs 5.02.A.3 and 5.02.A.5: The Commercial General Liability policy will
have limits of $1,000,000 combined single limits (CSL). This policy will include
coverage for Explosion, Collapse, and Underground coverage unless waived by the
Owner.
For Paragraph 5.02.A.6: The Comprehensive Automobile Liability Insurance policy
will have limits of $1,000,000 combined single limits (CSL).
For Paragraph 5.02.B.3: This policy will include completed operations coverage /
product liability coverage with limits of $1,000,000 combined single limits (CSL). This
policy shall also include an Umbrella Excess Liability as follows: General liability and
automobile liability insurance in an amount not less than $1,000,000 per occurrence
in excess of the above stated primary limits.
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SC-6 CONTRACTOR’S RESPONSIBILITIES
SC-6.14.3. Add the following new paragraph immediately after paragraph 6.14.2 of the
General Conditions:
6.14.3. The following Laws or Regulations are included in the Contract Documents
as mandated by statute or for the convenience of the CONTRACTOR. Other Laws
and Regulations apply which are not included herein, and are within the
CONTRACTOR's duty and responsibility for compliance thereto:
6.14.3.1. Notice to owners of Underground Facilities is required prior to excavations in
the vicinity of such facilities.
6.14.3.2. Unless otherwise decided by reason of the amount of the Contract Price
involved, or other good reason, before or at the time that the contract is awarded to a
corporation outside the State of Colorado, such corporation must carry out the proper
procedure to become authorized to do business in the State of Colorado, designate a
place of business therein, and appoint an agent for service of process.
Such corporation must furnish the OWNER with a certificate from the Secretary of
State of Colorado has been issued by its office and there shall also be procured from
the Colorado Secretary of State of photostatic or certified copy of the designated of
place of business and appointment of agent for service of process, or a letter from the
Colorado Secretary of State that such designation of place of business and agent for
service of process have been made.
6.14.3.3. The CONTRACTOR must conform to the rules and regulations of the
Industrial Commission of Colorado. Particular reference is made to rules and
regulations governing excavation Work adopted by the Industrial Commission of
Colorado.
SC-11 CHANGE OF CONTRACT PRICE
SC-11.6.2.7. Add the following new paragraph to paragraph 11.6.2 of the General Conditions:
11.6.2.7. Cost of the Work. Allowances for profit, overhead and mark-up prescribed
by Article 4 of the Agreement shall be used in lieu of any CONTRACTOR'S fee,
overhead, profit or mark-up allowances as prescribed in paragraphs 11.6.2.1, 11.6.2.2,
and 11.6.2.3.
SC-12 CHANGE OF CONTRACT TIMES
SC-12.3. Add the following language to the end of paragraph 12.3 of the General Conditions:
12.3. .... Lost days due to abnormal weather conditions will be allocated as
required.
SC-14 PAYMENTS TO CONTRACTOR AND COMPLETION
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SC-14.1. Add the following language to the end of paragraph 14.1 of the General Conditions:
14.1. Schedule of Values. .... Progress payments on the fixed fee shall be in
proportion to the cumulative actual Cost of the Work as a percentage of the Allowable
Cost of the Work. An amount not to exceed fifteen (15%) percent of the fixed fee shall
be advanced to the Contractor for mobilization in the first progress payment.
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SECTION 00900
ADDENDA, MODIFICATIONS AND PAYMENT
00950 Change Order
00960 Application for Payment
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SECTION 00950
CHANGE ORDER FORM
CHANGE ORDER NO.
CONTRACTOR:
WORK ORDER TITLE & NO. :
ORIGINAL BID/RFP # & TITLE:
DESCRIPTION:
1. Reason for change:
2. Description of Change:
3. Change in Contract Cost:
4. Change in Contract Time:
ORIGINAL CONTRACT COSTS $ ________________
TOTAL APPROVED CHANGE ORDER(S) $ ________________
TOTAL PENDING CHANGE ORDER(S) $ ________________
TOTAL THIS CHANGE ORDER $ ________________
TOTAL % OF ORIGINAL CONTRACT, THIS CO: _______________ %
TOTAL % OF ORIGINAL CONTRACT, ALL CO’S: _______________ %
ADJUSTED CONTRACT COST $ ________________
_________________
(Assuming all change orders approved)
ACCEPTED BY: _____________________________________ DATE: ____________
Contractor's Representative
ACCEPTED BY: _____________________________________ DATE: ____________
Project Manager
REVIEWED BY: _____________________________________ DATE: ____________
Title:
APPROVED BY: _____________________________________ DATE: ____________
Title:
APPROVED BY: _____________________________________ DATE: ____________
(Purchasing Agent if > $60,000)
cc: City Clerk Architect/Engineer
Finance Purchasing
Project Manager Contractor
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SECTION 00960
PAYMENT APPLICATION
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Section 00960
APPLICATION FOR PAYMENT PAGE 1 OF 4
OWNER: City of Fort Collins PROJECT: APPLICATION NUMBER:
APPLICATION DATE:
PERIOD BEGINNING:
ENGINEER: CONTRACTOR: PERIOD ENDING:
PROJECT NUMBER:
CHANGE ORDERS Application is made for Payment as shown below in connection with Contract
NUMBER DATE AMOUNT
The present status of the account for this Contract is as
follows:
1
2 Original Contract Amount:
3 Net Change by Change Order:
Current contract Amount: $0.00
Total Completed and Stored to Date:
Less Previous Applications:
Amount Due this Application - Before Retainage: $0.00
Less Retainage:
Net Change by Change Order $0.00 AMOUNT DUE THIS APPLICATION: $0.00
CERTIFICATION:
The undersigned CONTRACTOR certifies that all obligations of CONTRACTOR incurred in connection with
the Work have been satisfied as required in Paragraph 14.3. of the General Conditions of the Contract.
The above Amount Due This Application is requested by the CONTRACTOR.
Date: By:
Payment of the above Amount Due This Application is recommended by the ENGINEER.
Date: By:
Payment of the above Amount Due This Application has been reviewed by the OWNER'S Project Manager.
Date: By:
Payment of the above Amount Due This Application is approved by the OWNER.
Date: By:
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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
$0.00 $0.00 $0.00 $0.00 $0.00
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CHANGE ORDERS APPLICATION FOR PAYMENT PAGE 3 OF 4
Work
Completed
Work
Completed
Work
Completed Stored
Bid
This
Month
Previous
Periods
To
Date Materials Total
Item This Earned Percent
Number Description Quantity Units
Unit
Price Amount Qty. Amount Qty. Amount Qty. Amount Period
To
Date Billed
$0.00 $0.00 $0.00 $0.00 $0.00
$0.00 $0.00 $0.00 $0.00 $0.00
$0.00 $0.00 $0.00 $0.00 $0.00
$0.00 $0.00 $0.00 $0.00 $0.00
$0.00 $0.00 $0.00 $0.00 $0.00
$0.00 $0.00 $0.00 $0.00 $0.00
$0.00 $0.00 $0.00 $0.00 $0.00
$0.00 $0.00 $0.00 $0.00 $0.00
$0.00 $0.00 $0.00 $0.00 $0.00
$0.00 $0.00 $0.00 $0.00 $0.00
$0.00 $0.00 $0.00 $0.00 $0.00
$0.00 $0.00 $0.00 $0.00 $0.00
$0.00 $0.00 $0.00 $0.00 $0.00
$0.00 $0.00 $0.00 $0.00 $0.00
$0.00 $0.00 $0.00 $0.00 $0.00
$0.00 $0.00 $0.00 $0.00 $0.00
$0.00 $0.00 $0.00 $0.00 $0.00
$0.00 $0.00 $0.00 $0.00 $0.00
$0.00 $0.00 $0.00 $0.00 $0.00
$0.00 $0.00 $0.00 $0.00 $0.00
$0.00 $0.00 $0.00 $0.00 $0.00
$0.00 $0.00 $0.00 $0.00 $0.00
$0.00 $0.00 $0.00 $0.00 $0.00
$0.00 $0.00 $0.00 $0.00 $0.00
$0.00 $0.00 $0.00 $0.00 $0.00
$0.00 $0.00 $0.00 $0.00 $0.00
$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
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STORED MATERIALS
SUMMARY PAGE 4 OF 4
On Hand Received Installed On Hand
Item Invoice Previous This This This
Number Number Description Application Period Period Application
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
TOTALS $0.00 $0.00 $0.00 $0.00
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EXHIBIT C
GENERAL SCOPE OF WORK
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EXHIBIT D
CHANGE ORDER
NO.
PROJECT TITLE:
PLAYGROUND DESIGNER AND MANUFACTURER: [Company Name]
WORK ORDER NUMBER:
PO NUMBER:
ORIGINAL BID/RFP NUMBER & NAME: 9996 Playground Design & Manufacturer for Schoolside
Park
DESCRIPTION:
1. Reason for Change: Why is the change required?
2. Description of Change: Provide details of the changes to the Work
3. Change in Work Order Price:
4. Change in Work Order Time:
ORIGINAL WORK ORDER PRICE $ .00
TOTAL APPROVED/PENDING CHANGE ORDERS .00
TOTAL THIS CHANGE ORDER .00
TOTAL CHANGE ORDER % OF ORIGINAL WORK ORDER %
ADJUSTED WORK ORDER COST $ .00
PLAYGROUND DESIGNER AND MANUFACTURER: __________________________
Date:___________________
Name, Title
ACCEPTANCE: Date:
Amanda Castelli, CITY Project Manager
REVIEWED: Date:
Adam Hill, Senior Buyer
ACCEPTANCE: Date:
Gerry Paul, Purchasing Director (if greater than $60,000)
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EXHIBIT E
BID SCHEDULE/COMPENSATION
The following pricing shall remain fixed for the initial term of this AGREEMENT. Any applicable
price adjustments may only be negotiated and agreed to in writing at the time of renewal.
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EXHIBIT F
INSURANCE REQUIREMENTS
The PLAYGROUND DESIGNER AND MANUFACTURER will provide, from insurance companies
acceptable to the CITY, the insurance coverage designated hereinafter and pay all costs. Before
commencing work under this bid, the PLAYGROUND DESIGNER AND MANUFACTURER shall
furnish the CITY with certificates of insurance showing the type, amount, class of operations
covered, effective dates and date of expiration of policies.
In case of the breach of any provision of the Insurance Requirements, the CITY, at its option, may
take out and maintain, at the expense of the PLAYGROUND DESIGNER AND
MANUFACTURER, insurance as the CITY may deem proper and may deduct the cost of the
insurance from any monies which may be due or become due the PLAYGROUND DESIGNER
AND MANUFACTURER under this AGREEMENT.
Insurance certificates should show the certificate holder as follows:
City of Fort Collins
Purchasing Division
PO Box 580
Fort Collins, CO 80522
The CITY, its officers, agents and employees shall be named as additional insureds on the
PLAYGROUND DESIGNER AND MANUFACTURER 's general liability and automobile
liability insurance policies by marking the appropriate box or adding a statement to this
effect on the certificate, for any claims arising out of work performed under this
AGREEMENT.
Insurance coverages shall be as follows:
A. Workers' Compensation & Employer's Liability. The PLAYGROUND DESIGNER AND
MANUFACTURER shall maintain Worker’s Compensation and Employer’s Liability insurance
during the life of this AGREEMENT for all of the PLAYGROUND DESIGNER AND
MANUFACTURER's employees engaged in work performed under this AGREEMENT.
Workers' Compensation & Employer’s Liability insurance shall conform with statutory limits of
$100,000 per accident, $500,000 disease aggregate, and $100,000 disease each employee,
or as required by Colorado law.
B. General Liability. The PLAYGROUND DESIGNER AND MANUFACTURER shall maintain
during the life of this AGREEMENT General Liability insurance as will provide coverage for
damage claims of personal injury, including accidental death, as well as for claims for property
damage, which may arise directly or indirectly from the performance of work under this
AGREEMENT. Coverage for property damage shall be on a (broad form) basis. The amount
of insurance for General Liability shall not be less than $1,000,000 combined single limits for
bodily injury and property damage.
C. Automobile Liability. The PLAYGROUND DESIGNER AND MANUFACTURER shall maintain
during the life of this AGREEMENT Automobile Liability insurance as will provide coverage
for damage claims of personal injury, including accidental death, as well as for claims for
property damage, which may arise directly or indirectly from the performance of work under
this AGREEMENT. Coverage for property damage shall be on a (broad form) basis. The
amount of insurance for Automobile Liability shall not be less than $1,000,000 combined
single limits for bodily injury and property damage.
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D. Errors and Omissions. The PLAYGROUND DESIGNER AND MANUFACTURER shall
maintain errors and omissions insurance in the amount of $1,000,000.
E. Cybersecurity. The PLAYGROUND DESIGNER AND MANUFACTURER shall maintain
cybersecurity insurance in the amount of $5,000,000.
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EXHIBIT G
CONFIDENTIALITY
IN CONNECTION WITH THE SERVICES to be provided by PLAYGROUND DESIGNER
AND MANUFACTURER under this AGREEMENT, the parties agree to comply with reasonable
policies and procedures with regard to the exchange and handling of confidential information and
other sensitive materials between the parties, as set forth below.
1. Definitions.
For purposes of this AGREEMENT, the party who owns the referenced information and is
disclosing same shall be referenced as the “Disclosing Party.” The party receiving the
Disclosing Party’s information shall be referenced as the “Receiving Party.”
2. Confidential Information.
Confidential Information controlled by this AGREEMENT refers to information that is not public
and/or is proprietary, including but not limited to location information, network security system,
business plans, formulae, processes, intellectual property, trade secrets, designs,
photographs, plans, drawings, schematics, methods, specifications, samples, reports,
mechanical and electronic design drawings, customer lists, financial information, studies,
findings, inventions, ideas, CITY customer identifiable information (including account,
address, billing, consumption, contact, and other customer data), utility metering data, service
billing records, customer equipment information.
To the extent practical, Confidential Information shall be marked “Confidential” or
“Proprietary.” Nevertheless, PLAYGROUND DESIGNER AND MANUFACTURER shall treat
as Confidential Information all customer identifiable information in any form, whether or not
bearing a mark of confidentiality or otherwise requested by the CITY, including but not limited
to the non-exclusive list of Confidential Information above. In the case of disclosure in non-
documentary form of non-customer identifiable information, made orally or by visual
inspection, the Disclosing Party shall have the right, or, if requested by the Receiving Party,
the obligation to confirm in writing the fact and general nature of each disclosure within a
reasonable time after it is made in order that it is treated as Confidential Information. Any
information disclosed to the other party before the execution of this AGREEMENT and related
to the services for which PLAYGROUND DESIGNER AND MANUFACTURER has been
engaged shall be considered in the same manner and be subject to the same treatment as
the information disclosed after the execution of this AGREEMENT with regard to protecting it
as Confidential Information.
3. Use of Confidential Information.
Receiving Party hereby agrees that it shall use the Confidential Information solely for the
purpose of performing its obligations under this AGREEMENT and not in any way detrimental
to Disclosing Party. Receiving Party agrees to use the same degree of care Receiving Party
uses with respect to its own proprietary or confidential information, which in any event shall
result in a reasonable standard of care to prevent unauthorized use or disclosure of the
Confidential Information. Except as otherwise provided herein, Receiving Party shall keep
confidential and not disclose the Confidential Information. The CITY and PLAYGROUND
DESIGNER AND MANUFACTURER shall cause each of their directors, officers, employees,
agents, representatives, and subcontractors to become familiar with, and abide by, the terms
of this Exhibit, which shall survive this AGREEMENT as an on-going obligation of the Parties.
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PLAYGROUND DESIGNER AND MANUFACTURER shall not use such information to obtain
any economic or other benefit for itself, or any third party, other than in the performance of
obligations under this AGREEMENT.
4. Exclusions from Definition.
The term “Confidential Information” as used herein does not include any data or information
which is already known to the Receiving Party or which before being divulged by the
Disclosing Party: (a) was generally known to the public through no wrongful act of the
Receiving Party; (b) has been rightfully received by the Receiving Party from a third party
without restriction on disclosure and without, to the knowledge of the Receiving Party, a
breach of an obligation of confidentiality; (c) has been approved for release by a written
authorization by the other party hereto; or (d) has been disclosed pursuant to a requirement
of a governmental agency or by operation of law, subject to Paragraph 5 below.
5. Required Disclosure.
Notwithstanding Paragraph 4(d) above, if the Receiving Party receives a request (by
interrogatories, requests for information or documents, subpoena, civil investigative demand
or similar process, or by federal, state, or local law, including without limitation, the Colorado
Open Records Act) to disclose any Confidential Information, the Parties agree the Receiving
Party will provide the Disclosing Party with immediate notice of such request, so the Disclosing
Party may seek an appropriate protective order before disclosure or waive the Receiving
Party’s compliance with this Exhibit.
The Receiving Party shall furnish a copy of this Exhibit with any disclosure.
Notwithstanding this Paragraph 5, Receiving Party shall not disclose Confidential Information
to any person, directly or indirectly, nor use it in any way, except as required by law or
authorized in writing by Disclosing Party.
6. Red Flags Rules.
If applicable, PLAYGROUND DESIGNER AND MANUFACTURER must implement
reasonable policies and procedures to detect, prevent and mitigate the risk of identity theft in
compliance with the Identity Theft Red Flags Rules found at 16 Code of Federal Regulations
part 681. Further, PLAYGROUND DESIGNER AND MANUFACTURER must take
appropriate steps to mitigate identity theft if it occurs with any of the CITY’s covered
information and must notify the CITY in writing within twenty-four (24) hours of discovery of
any breaches of security or Red Flags to the CITY.
7. Data Protection and Data Security.
PLAYGROUND DESIGNER AND MANUFACTURER shall have in place information security
safeguards designed to conform to or exceed industry best practices regarding the protection
of the confidentiality, integrity and availability of Confidential Information and shall have written
agreements requiring any subcontractor to meet those standards. These information security
safeguards (the “Information Security Program”) shall be materially consistent with, or more
stringent than, the safeguards described in this Exhibit.
(a) PLAYGROUND DESIGNER AND MANUFACTURER’s information security safeguards
shall address the following elements:
Data Storage, Backups and Disposal
Logical Access Control (e.g., Role-Based)
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Information Classification and Handling
Secure Data Transfer (SFTP and Data Transfer Specification)
Secure Web Communications
Network and Security Monitoring
Application Development Security
Application Security Controls and Procedures (User Authentication, Security
Controls, and Security Procedures, Policies and Logging)
Incident Response
Vulnerability Assessments
Hosted Services
Personnel Security
(b) Subcontractors. PLAYGROUND DESIGNER AND MANUFACTURER may use
subcontractors, though such activity shall not release or absolve PLAYGROUND
DESIGNER AND MANUFACTURER from the obligation to satisfy all conditions of this
AGREEMENT, including the data security measures described in this Exhibit, and to
require a substantially similar level of data security, appropriate to the types of services
provided and Confidential Information received, for any subcontractor PLAYGROUND
DESIGNER AND MANUFACTURER may use. Accordingly, any release of data,
confidential information, or failure to protect information under this AGREEMENT by a
subcontractor or affiliated party shall be attributed to PLAYGROUND DESIGNER AND
MANUFACTURER and may be considered to be a material breach of this AGREEMENT.
8. Information Storage. Confidential Information is not to be stored on any local workstation,
laptop, or media such as CD/DVD, USB drives, external hard drives or other similar portable
devices unless the PLAYGROUND DESIGNER AND MANUFACTURER can ensure security
for the Confidential Information so stored. Workstations or laptops to be used in the Services
will be required to have personal firewalls on each, as well as have current, active anti-virus
definitions.
9. Continuing Obligation. The agreement not to disclose Confidential Information as set forth in
this Exhibit shall apply during the term of the Services and or AGREEMENT and at any time
thereafter unless specifically authorized by the CITY in writing.
10. Termination Remedy. If PLAYGROUND DESIGNER AND MANUFACTURER breaches any
of the terms of this Exhibit, in the CITY’s sole discretion, the CITY may immediately terminate
this AGREEMENT and withdraw PLAYGROUND DESIGNER AND MANUFACTURER’s right
to access Confidential Information.
11. Return of Information. Notwithstanding any other provision of this AGREEMENT to provide
Project Instruments and work product, all material, i.e., various physical forms of media in
which Confidential Information is stored, including but not limited to writings, drawings, tapes,
diskettes, prototypes or products, shall remain the sole property of the Disclosing Party and,
upon request, shall be promptly returned, together with all copies thereof to the Disclosing
Party. Upon return of such materials, all digital and electronic data shall also be deleted in a
non-restorable way by which it is no longer available to the Receiving Party. Upon Disclosing
Party’s request, written verification of the deletion (including date of deletion) is to be provided
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to the Disclosing Party within ten (10) days after completion of engagement, whether it be via
termination, completion or otherwise.
12. Injunctive Relief. PLAYGROUND DESIGNER AND MANUFACTURER Receiving Party
acknowledges that the Disclosing Party may, based upon the representations made in this
AGREEMENT, disclose security information that is critical to the continued success of the
Discloser’s business. Accordingly, Receiving Party agrees that the Disclosing Party does not
have an adequate remedy at law for breach of this AGREEMENT and therefore, the Disclosing
Party shall be entitled, as a non-exclusive remedy, and in addition to an action for damages,
to seek and obtain an injunction or decree of specific performance or any other remedy, from
a court of competent jurisdiction to enjoin or remedy any violation of this AGREEMENT.