HomeMy WebLinkAboutRFP - 10082 CM/GC Services for Joe Wright Reservoir Gate Replacement ProjectRFP 10082 CM/GC Services for Joe Wright Reservoir Gate Replacement Project
REQUEST FOR PROPOSALS
10082 CM/GC SERVICES FOR JOE WRIGHT RESERVOIR GATE REPLACEMENT
PROJECT
PROPOSALS DUE: 3:00 PM MDT (our clock), January 27, 2025
The City of Fort Collins (City) is seeking Proposals from qualified Contractors (Contractor) for
Construction Manager / General Contractor (CM/GC) services on behalf of the Fort Collins One
Water Utility related to the design and construction of the Joe Wright Reservoir Gate Replacement
Project. The project focuses on the replacement of two 42-inch x 42-inch water control slide gates
that are part of Joe Wright Dam’s outlet works. Requested services include Construction Manager
and long-lead material procurement tasks during the preconstruction phase and General
Contractor tasks during construction.
Rocky Mountain E-Purchasing System hosted by Bidnet
As part of the City’s commitment to Sustainable Purchasing, 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 the system.
A pre-proposal meeting will be held at 1:00 PM MDT December 17, 2024. The pre-proposal
meeting will be hosted online via Microsoft Teams. Copy and paste or click the link below for
access to the meeting. Please enter your name, company name, and email address into the
chat as this is what will be used to create the attendance record.
https://teams.microsoft.com/l/meetup-
join/19%3ameeting_MmRkOTllNWUtYWJjZi00NjVjLWEzNWYtOGU1MDJjOWY5NjJk%40threa
d.v2/0?context=%7b%22Tid%22%3a%2247fa2f5f-0d0a-4a68-b431-
6d1a27b66660%22%2c%22Oid%22%3a%22cae08f8d-f0e9-4207-a434-c36c77f14498%22%7d
Meeting ID: 250 631 183 506
Passcode: Df7pV3kC
All questions should be submitted, in writing via email, to JD McCune, Senior Buyer at
jmccune@fcgov.com, no later than 3:00 PM MDT (our clock) on January 8, 2025. Please
format your e-mail to include: RFP 10082 CM/GC Services for Joe Wright Reservoir Gate
Replacement Project 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.
A copy of the RFP may be obtained at http://www.bidnetdirect.com/colorado/city-of-fort-collins.
Prohibition of Unlawful Discrimination: 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) 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
RFP 10082 CM/GC Services for Joe Wright Reservoir Gate Replacement Project
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,
marital status, disability, sexual orientation, genetic information, or other characteristics protected
by law. For the purpose of this policy “sexual orientation” means a person’s actual or perceived
orientation toward heterosexuality, homosexuality, and bisexuality. The City also strictly prohibits
unlawful harassment in the workplace, including sexual harassment. Further, the City strictly
prohibits unlawful retaliation against a person who engages in protected activity. Protected activity
includes an employee complaining that he or she has been discriminated against in violation of
the above policy or participating in an employment discrimination proceeding.
The City requires its Contractors to comply with the City’s policy for equal employment opportunity
and to prohibit unlawful discrimination, harassment and retaliation. This requirement applies to
all third-party contractors and their subcontractors 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. Contractors may submit one
(1) additional complete proposal clearly marked “FOR PUBLIC VIEWING”. In this version of the
proposal, the Contractor may redact text and/or data that it deems confidential or proprietary
pursuant to CORA. Such statement does not necessarily exempt such documentation from public
disclosure if required by CORA, by order of a court of appropriate jurisdiction, or other applicable
law. Generally, under CORA trade secrets, confidential commercial and financial data information
is not required to be disclosed by the City. Proposals may not be marked “Confidential” or
‘Proprietary’ in their entirety. All provisions of any contract resulting from this request for
proposals will be public information.
New Contractors: The City requires new Contractors receiving awards from the City to fill out
and submit an IRS form W-9 and to register for Direct Deposit (Electronic) payment. If needed,
the W-9 form and the Contractor Direct Deposit Authorization Form can be found on the City’s
Purchasing website at www.fcgov.com/purchasing under Contractor Reference Documents.
Please do not submit with your proposal.
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 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 reserves the right to reject any and all proposals and to waive any irregularities or
informalities.
RFP 10082 CM/GC Services for Joe Wright Reservoir Gate Replacement Project
Utilization of Award by Other Agencies: The City 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 in the current term or in any future terms.
The selected Contractor shall be expected to sign the City’s standard Agreement prior to
commencing Services (see sample attached to this Proposal).
Sincerely,
Gerry Paul
Purchasing Director
RFP 10082 CM/GC Services for Joe Wright Reservoir Gate Replacement Project
I. GENERAL INFORMATION AND PROJECT TIMELINE & GOALS
A. General Information
Joe Wright Reservoir is a critical part of the City’s water supply and storage system. The
reservoir stores a normal capacity of approximately 7,161-acre feet of raw water from
the Michigan Ditch and Joe Wright Creek. Joe Wright Dam (aka Cameron Pass,
Mountain Supply #20) was completed in 1980 and is classified as a high hazard dam by
the Colorado Division of Water Resources, Dam Safety Branch (SEO). The reservoir is
located approximately 3 miles east of Cameron Pass along Highway 14.
The dam consists of a 148-foot-tall earthen embankment, 72-inch reinforced concrete
pipe (RCP) outlet conduit through the embankment, concrete intake upstream of the
embankment, concrete outlet control tower within the embankment, service spillway
incorporated into the outlet control tower, and uncontrolled concrete emergency
spillway. The concrete intake is typically submerged beneath the reservoir and has a
slot for stop logs or a bulkhead should the upstream gate chamber need to be drained.
The currently available stoplogs are original to the dam and require replacement with a
new bulkhead to successfully control flow into the outlet conduit. The outlet control tower
houses three manually operated slide gates: one upstream and one downstream 42-
inch high-pressure slide gates at the base of the tower in line with the outlet conduit and
one 6-inch knife gate valve mounted higher within the tower. The two 42-inch gates are
operated throughout the year for normal releases and the 6-inch valve is used for low-
flow releases. The outlet has a maximum capacity of 710 cfs with the reservoir at the
dam crest elevation of 9,978 feet.
An inspection of the outlet conduit, outlet control tower, and gates was performed in
2020 by Marine Diving Solutions. The inspection resulted in the following observations
for the two 42-inch gates:
• Upstream gate: stem and gate had a significant amount of sediment build up and
corrosion, the seat had significant corrosion, and the right side of the seat was
displaced and damaged causing leakage, the gate can over-open, and concrete
damage downstream of the gate.
• Downstream gate: stem and gate had a significant amount of sediment build up
and corrosion, misaligned stem splices, missing stem set keys, and concrete
damage upstream and downstream of the gate.
Recommendations from the inspection included the replacement of the 6-inch low flow
gate, which was completed in September of 2020, and the repair or replacement of the
two 42-inch gates. Marine Diving Solutions adjusted the downstream 42-inch gate stem,
splices, and thrust nut in September 2020 along with the low-flow gate replacement. The
adjustments resulted in improved alignment and operability.
The City completed a Gate Replacement Study with HDR Engineering and Marine
Diving Solutions in 2022. The study included an alternatives evaluation comparing
options for repairing or replacing the two 42-inch gates. The deficiencies observed
during the 2020 inspection and input from City operations staff drove the multi-criteria
analysis included in the study. Recommendations resulting from the study were used to
develop the Scope of Work for this project.
RFP 10082 CM/GC Services for Joe Wright Reservoir Gate Replacement Project
A condition assessment and measurement of the existing gates and outlet control tower
was conducted in October 2024 in preparation for the gate replacement project. The
purpose of the dive inspection was to understand the actual dimensions and current
conditions of the gates, frames, thimbles, clearances, and other items necessary for
design to reduce the risk of field changes during the construction phase. The
measurements and other results of this dive inspection will be included in the 30%
design.
It is anticipated that the reservoir will be partially drawn down for construction. The
partially drawn down reservoir surface elevation will be a minimum of 35 vertical feet
above the invert of the intake structure. The Contractor will be required to plan and
execute placement of a newly fabricated bulkhead into the existing stop log slot on the
intake structure while submerged. This will allow the outlet works conduit between the
intake structure and the gate tower to drain so work on the gate replacement can be
completed in the dry. The Contractor will be required to plan and execute removal of the
bulkhead while submerged when construction is complete.
The following background information is included as part of this RFP for Contractors to
review while developing their proposal:
• 1980 Joe Wright Dam Select Outlet and Gate Record Drawings – marked up with
project specific replacement information
• 2022 Gate Condition and Operation Report – HDR Engineering
• 2022 Joe Wright Reservoir Gates Alternatives Evaluation – HDR Engineering
These documents are available to prospective Contractors per the instructions in
Section K, Non-Disclosure Agreement.
Project Goals:
• Replace critical source water infrastructure with known deficiencies
• Increase operational flexibility and reliability of water control gates
• Reduce ongoing maintenance needs
• Provide a long-term solution for accessing the upstream gate chamber using the
existing stop log slot on the intake structure
• Create a culture of collaboration during preconstruction and construction to help
safely and successfully replace the gates
• Develop a robust plan to execute the replacement considering unique safety,
location, and schedule risks
• Use a holistic, triple bottom line approach to the project that considers
sustainability, people, and value.
B. Project Timeline
The Joe Wright Gate Replacement Project is being designed by HDR Engineering, Inc.
(design engineer). The design is currently being progressed to a 30% completion level.
The 30% design will be available for the selected Contractor to review upon contract
execution. The replacement gates will require long-lead procurement and fabrication. In
order to streamline the procurement process considering the long-lead items, the City
released this RFP while the design engineer works on the 30% design. As-constructed
plans from original dam construction in 1980 and information from recent condition
RFP 10082 CM/GC Services for Joe Wright Reservoir Gate Replacement Project
inspections were included in this RFP in lieu of the 30% design package. The City will
also contract with a third-party Independent Cost Estimator (ICE) during the
preconstruction phase prior to the Long-lead Gate Procurement Design submittal.
The following tentative timelines for design and phasing milestones are as follows:
•
•
•
•
•
•
Due to the location of Joe Wright Dam, the selected Contractor should plan to
demobilize before the end of October 2026. During the month of October and beyond,
the risk for significant snow and other adverse weather conditions increases. The City
understands that procurement and fabrication lead times vary by fabricator and depend
on the customization of the gate materials and other factors. It is anticipated that the
preconstruction schedule will not allow enough fabrication lead time for the gate
materials to arrive by August 2025, so the assumed schedule includes a construction
window starting August 2026 as a risk mitigation strategy. An alternative construction
window starting August 2025 is available depending on the lead times for the gate
materials.
II. PROJECT SCOPE OF WORK AND OTHER REQUIREMENTS
A. Contractor Scope of Work
The City selected the CM/GC project delivery method to include the Contractor in the
design process, allow time for early procurement of long-lead gate materials, and increase
collaboration between the City, design engineer, ICE, and Contractor. The selected
Contractor will be required to enter into a Services Agreement – Work Order type that
defines each individual performance contract through Work Orders. The City anticipates
award of separate Work Orders for each phase and procurement point of the project
including 1) Preconstruction Services; 2) Long-lead Gate Material Early Procurement, and
3) Gate Replacement Construction. The intent is to form a strong partnership with the
City, the design engineer, ICE, and selected Contractor team.
The City expects the Contractor to provide pre-construction and construction services
related to the completion of the Project. These services are to include, but not be limited
to, the following:
1. Preconstruction Support Services (including long-lead gate material early
procurement)
The scope of the project is to provide CM/GC support services and long-lead gate
material procurement tasks during preconstruction and CM/GC services to install and
RFP 10082 CM/GC Services for Joe Wright Reservoir Gate Replacement Project
remove an upstream stop log system and replace the two 42-inch slide gates during
construction at Joe Wright Dam.
The City will rely on the expertise of the Contractor to deliver a better product in less
time and at a competitive cost compared to traditional design-bid-build construction
project delivery. During the preconstruction phase (from 30% Design to IFC documents),
the Contractor will perform the following:
a) Workshop and Meeting Preparation and Participation. The Contractor will
prepare and participate in the following workshops and meetings throughout
preconstruction:
i. Kickoff Workshop and 30% Design Review. This workshop is anticipated
to occur once at the beginning of preconstruction and be approximately 4
hours in duration. The Contractor is expected to participate in a
partnering session with the City and the design engineer, provide initial
comments on the 30% Design, present value engineering proposals as
needed, discuss the cost model development, and collaborate to develop
project risks.
ii. Design Review Meetings for the Long-lead Gate Procurement Design and
the 90% Design. The Contractor will provide comments on the designs,
cost estimating, inputs for project risks, and scheduling at each Design
Review Meeting. These two meetings are expected to be approximately 4
hours in duration each.
iii. Routine Preconstruction Meetings. These are estimated to occur every 2
weeks for approximately 5 months with an approximate duration of 1 hour
each meeting. During these meetings, the Contractor is expected to
provide general project support, constructability input, and scheduling
input to the City, design engineer and ICE.
b) Cost Model Development and Cost Estimating. The Contractor will provide a
sample cost model as part of the 30% Design Review, a cost estimate based on
the Long-lead Gate Procurement Design that includes gate material costs based
on a bidding selection, and a final Guaranteed Maximum Price (GMP) based on
the 90% Design. Each cost estimate will be open-book and reviewed
independently by the City and the ICE.
c) Bidding, Best Value Selection. The Contractor will manage the bidding process
for any subcontractors and vendors, including the long-lead procurement of the
gates and bulkhead. This bidding process shall include solicitation of at least 3
subcontractors/vendors (if practical) for each trade element of the project not
self-performed by the Contractor and each of the material suppliers over $60k.
Contractor will include City representatives in the process to ensure a
competitive selection. The Contractor will manage the bidding and project
pricing process to develop the final GMP that will be independently reviewed by
the City and the ICE.
d) Long-lead Gate and Bulkhead Material Procurement. The Contractor is expected
to procure gate and upstream bulkhead materials that require long-lead
fabrication time during the preconstruction phase. The Long-lead Gate
Procurement Design Package will include design plans and specifications
required by the Contractor and fabrication vendor. Upon selection of the long-
lead material fabrication vendor, it is anticipated that a long-lead procurement
work order will be processed so these materials can be procured as early as
practical.
RFP 10082 CM/GC Services for Joe Wright Reservoir Gate Replacement Project
e) Design Review. The Contractor will be expected to provide formal plan and
specification review comments to the City and design engineer at the 30%, Long-
lead Gate Procurement, and 90% Design completion levels. The Contractor will
present value engineering proposals to the City and design engineer as part of
the Design Review tasks.
f) Scheduling. The Contractor will prepare a Critical Path Method (CPM)
construction schedule using industry recognized software such as MS Project,
P6 or PowerProject. They will update this schedule routinely and present it to the
City during the Design Review Meetings.
g) Permitting Support. The Contractor will work with the City to develop a permitting
summary that will be included in the Basis of Design and Final Design Reports
produced by the design engineer. The permitting summary will be used to plan
permit needs and schedule permitting lead times. This gives the Contractor the
opportunity to begin acquiring necessary permits during the preconstruction
phase.
2. Construction Services Requirements
The Contractor will execute a separate Work Order with associated general and special
conditions for the construction phase. The final negotiated GMP for the construction
shall be based on the Contractor bidding process, self-performed work estimates, third
party cost verification performed by the ICE and best value selection of subcontractors
and vendors providing bids for the work. At any time, if the City determines that an
agreement or negotiated GMP cannot be reached, the City reserves the right to end
contract negotiations, pay the Contractor for work performed through the preconstruction
contract and terminate the Contractor relationship. The City then can choose to procure
construction services through another means as it sees necessary. In the event the City
chooses to publicly bid the project, the Contractor will not be eligible to bid on the
project.
The Contractor will perform the following tasks during the construction phase once an
agreement is reached:
a) Construction services to complete the removal and replacement of the two 42-
inch gates and appurtenances at Joe Wright Dam. The construction includes, but
is not limited to, delivery and installation of temporary upstream bulkhead with
reservoir storage, procurement of materials required for safe access into the
tower and replacement of the gates, dewatering of the gate chamber, removal of
existing gates and necessary appurtenances, repair of damaged concrete within
gate chamber, installation of new replacement gates and appurtenances, testing
and gate commissioning, troubleshooting of gates and operators as needed, and
removal of temporary upstream bulkhead.
b) Provide construction oversight and all quality control for all work self-performed
and subcontracted. This includes quality control in coordination with the selected
gate manufacturer during long-lead gate material fabrication. The City and
design engineer will provide additional construction oversight and quality
assurance, including third-party testing as needed.
c) Responsible for all surveying, measurements, layout, and control to ensure that
the construction is completed according to the plans, specifications, and other
contract documents.
d) Self-perform at least 40% of the work for the gate replacement. In this case,
‘work’ is defined as overhead, profit, diving operations, materials purchased and
RFP 10082 CM/GC Services for Joe Wright Reservoir Gate Replacement Project
installed, and other constructed improvements.
e) Prepare for and attend construction progress meetings throughout the
construction phase. Specific Contractor responsibilities for the progress meetings
will include meeting agenda and notes, safety share and updates, progress and
lookahead schedules, permitting overview, and other items as needed.
3. Construction Contract Price Negotiations
When the City and the Contractor agree that the Project has been designed to a
sufficient level of detail to allow the Contractor to accurately price construction
elements of the Project, Construction Contract Price Negotiations (price negotiations)
will commence. This milestone is typically reached at the 90% Design Package. To
expedite the Project, price negotiations may start before the completion of the
Preconstruction Support Services. The Contractor will be compensated for
construction cost estimates prepared during the design process prior to price
negotiations by their preconstruction services fee. However, the Contractor’s work
effort for GMP price negotiations is considered part of Preconstruction Support
Services and will not be compensated by the City.
At the City’s discretion, the City may develop an independent construction cost
estimate for the work or may engage an independent third party to perform the
construction cost estimate to better inform their review of the Contractor’s costs. The
City will determine when price negotiations have begun and will conclude with the
establishment of a GMP Construction Work Order agreement. The Construction Work
Order will incorporate general conditions using the General Conditions of the
Construction Contract prepared by the Engineers Joint Contract Document
Committee (EJCDC) and other provisions in accordance with the City’s construction
contract requirements.
a. Price Negotiation Process: The following procedures will be used for
Construction Contract Price Negotiations.
i. In collaboration with the Contractor, the design engineer will produce a
set of the relevant plans and specifications, showing the work to be
accomplished. The plans will also show all work accomplished under
any previous construction packages.
ii. At roughly the 90% Design Package the Contractor will prepare a complete
price to perform the work. The price(s) may include detailed unit line-item
pricing or lump sum items as appropriate but will include a minimum of 3
quotes for all subcontracted work over $60k unless otherwise approved by
the City.
iii. Upon reviewing the Contractor’s price for construction, the City will determine
its acceptability by comparing it to its independent construction cost estimate
(internal or 3rd party), by reviewing the competitive quotes, or employing other
factors as determined to be in the best interests of the Project.
iv. If the City determines the price is acceptable, the City will prepare a Work
Order for construction services. If a previous Work Order for construction
services had been entered into, this work may be added to that contract by
change order.
RFP 10082 CM/GC Services for Joe Wright Reservoir Gate Replacement Project
v. If the price is not acceptable, the City and the Contractor will conduct a
price negotiation meeting to discuss the variances between the price and
independent construction cost estimates, or other factors that led to its
unacceptability. The intent of the price negotiations is to target a cost
variance of five percent (5%) however the City will evaluate each cost
line on an individual basis.
vi. Following the price negotiation meeting, the Construction Contract
Negotiations will enter subsequent iterations of the above-noted process.
vii. The City reserves the right to require the Contractor to enter into “open book”
cost model price negotiations at any time through this process, where the
Contractor will be required to reveal and defend its detailed pricing
breakdowns including labor, materials, equipment, subcontractor and supplier
quotes, mobilization, overhead, mark-up, and profit. The Contractor shall
share quotes for materials and equipment they will provide these costs. If the
Contractor plans to use equipment from their fleet the rates shall be
comparable to those from a rental yard. See below for the City’s “open book”
negotiation requirements.
viii. At any time, if the City determine that an agreement cannot be successfully
negotiated, the City reserve the right to end Construction Contract Cost
Negotiations and procure the construction of the Project by other means. If
the City then offers the Project up for public bids, the Contractor will not be
eligible to bid on the Project.
b. “Open Book” Negotiations Process: Negotiations may require any or all of
the following information.
The Contractor shall submit information as requested by the City, to the extent
necessary to permit the City to determine the reasonableness of the construction
price. The Contractor shall provide cost or pricing data, broken down by individual
work items, for the Contractor and each subcontractor. Submit material and
subcontractor quotes, anticipated labor, operator, and equipment usage, and
anticipated production rates.
If requested, submit a written proposal for the work identifying the major elements
of the work, the quantity of the element, and its contribution to the proposed price.
Provide further breakdowns if requested by the City:
• Material: Furnish quotes and/or material invoices showing the cost of
material to be incorporated into the work.
• Labor: Show basic hourly rates, fringe benefits, applicable payroll costs
(workers' compensation, insurance, etc.) paid subsistence, and travel costs for
each labor classification and foreman employed in the work
• Equipment: Provide a complete descriptive listing of equipment to be used in
the work, including make, model, and year of manufacture. Support rented or
leased equipment costs with invoices
• Other direct costs: Furnish documentation of invoices to support any other
direct costs to be incurred that are not included above (e.g., bonds,
mobilization, permits, etc.)
RFP 10082 CM/GC Services for Joe Wright Reservoir Gate Replacement Project
• Production Rates: Provide actual hours of performance on a daily basis for
each labor classification and for each piece of equipment.
• Subcontract Costs: Provide supporting data as required above.
• CM/GC Fee shall include the following:
Overhead: Identify overhead rates and list the types of costs that are
included in overhead.
Profit: Include a reasonable profit reflecting the efficiency and economy
of the Contractor and subcontractors in performing the work, the contract
risk type, the work difficulty, and management effectiveness.
• Subcontractor Markup: List any markup cost for subcontractors. Provide
backup information as requested for a breakdown and justification of markup
expenses.
This open-book negotiation process does not stop with the GMP. It shall continue
throughout the Project and be part of the process for change orders, etc.
B. City’s Expectations and Delivery Schedule
Partnering
The City expects a partnering relationship with the selected Contractor. A formal
Partnering Session will be held with the selected Contractor, City, and design engineer at
the beginning of preconstruction. The City expects an environment where trust and
teamwork prevent disputes, foster a cooperative bond to everyone’s benefit, and facilitate
the completion of a successful Project. Traditional adversarial relationships between the
Project participants are not an acceptable way of doing business on this Project.
Key Staff
The City expects the Contractor to commit key staff members to manage the Project
through attendance of bi-weekly preconstruction Project meetings and construction
meetings; preparation of RFIs; management of subcontractors, schedule, quality and cost.
Key staff members for this Project are expected to include a project manager,
superintendent and possibly a field engineer. If key staff are removed from this Project
without City approval, the City reserves the right to terminate the Contract. The City
expects the Contractor to request approval for any changes in staffing if they will differ
from those identified in the proposal.
Communication
The City expects open and honest communication related to Project activities including
subcontractor performance, cost control, schedule control, budget and quality issues as
they may arise. The City expects communication to occur directly through the established
chain of command which may involve working directly with, receiving direction from, and
coordinating with City assigned personnel.
Contract Management
The City expects the Contractor to participate in contract management such that pay
applications, work change directives, change orders, RFIs and other documents are
managed timely and effectively to avoid delays in Project delivery. The City expects the
Contractor to work with its Project Manager to gain approval and processing of these
RFP 10082 CM/GC Services for Joe Wright Reservoir Gate Replacement Project
documents in a coordinated fashion.
Performance Standard
The City expects Contractor performance to a standard that exceeds industry-accepted
parameters. The City expects to pay fairly for all work performed and expects the
Contractor to be profitable.
Services and Construction Agreements, and Work Order Process
The Contractor will be required to sign the City’s Services Agreement Work Order-type,
similar to the Sample Agreement found in Section VII. Based on this Agreement, a Work
Order for the pre-construction Work will be issued. The preconstruction services shall
include (at minimum) review of designs for constructability, review of site layout and
grading, estimating the cost of different options, alternatives, and components, providing
opinions and recommendations on suitable methods and approaches to accomplish the
work, offering value engineering suggestions to accomplish the desired objectives in the
most cost-effective manner possible, and provide the team with up to date on-going cost
status of the current Project design.
Upon completion of the preconstruction services, the Contractor will be required to sign a
Construction Work Order. A sample construction Work Order is included in Section VI.
The construction services shall include (at minimum) full-time site supervision when trades
are working, stormwater management and permitting of the Project site, site protection
and security during construction, procurement of all subcontractors and suppliers to
complete construction, Project sequencing and scheduling of manpower, materials and
equipment, Project safety enforcement, management of quality control, management of
testing, management of surveying, and management of Project close-out. The Work Order
for construction services will be awarded at approximately 95% design completion based
on the Contractor’s satisfactory performance under the preconstruction services Work
Order.
C. Anticipated RFP Schedule
The following represents the City’s target schedule for the RFP. The City’s reserve the
right to amend the target schedule at any time.
• RFP Posted: December 6, 2024
• Pre-Proposal Meeting: 1:00 PM MT, December 17, 2024
• Question deadline: 3:00 PM MT, January 8, 2025
• NDA Request Deadline: 3:00 PM MT, January 8, 2025
• Final Addendum Issued: January 15, 2025
• Proposal due date: 3:00 PM MT (our clock), January 27, 2025
• Interviews: Week of February 10, 2025 (tentative)
D. Interviews
In addition to submitting a written proposal, the top-rated Contractors may be invited by
the RFP assessment team and asked to participate in an oral presentation to provide an
overview of the company and its approach to the Project, as well as to address questions.
RFP 10082 CM/GC Services for Joe Wright Reservoir Gate Replacement Project
Shortlisted firms will be asked to submit fees prior to the interview. Instructions and fee
proposal forms/details will be sent with the notice of shortlist and interview.
Shortlisted firms may also be asked to provide details of the firms financial standing;
including available credit and banking reference. A recent financial statement detailing
current assets and liabilities may be required upon request as well.
E. Laws and Regulations
The Contractor agrees to comply fully with all applicable local, State of Colorado, and
Federal laws and regulations and municipal ordinances.
F. Fees, Licenses, Permits
The successful Contractor shall be responsible for obtaining any necessary licenses, fees
or permits without additional expense to the City. All equipment shall be properly licensed
and insured, carry the appropriate permits, and be placarded as required by law.
G. Hours
Working hours are from 7:00 am to 5:00 pm Monday through Friday and does not include
recognized holidays. The City’s Project Manager may agree, in writing, to weekend or
night work if required.
H. Subcontractors
Contractor will be responsible for identifying any subcontractors in their proposal. Please
note that the City will contract solely with the awarded Contractor; therefore,
subcontractors will be the responsibility of the Contractor.
I. Standard of Conduct
The successful Contractor shall be responsible for maintaining satisfactory standards of
employees' competency, conduct, courtesy, appearance, honesty, and integrity, and shall
be responsible for taking such disciplinary action with respect to any employee, as may
be necessary.
The personal conduct of the Contractor and its staff has a direct impact on the quality of
performance. Unacceptable personal conduct/behavior, as defined herein, may result in
immediate or early termination of the Agreement.
The City may request, at their sole discretion, the Contractor to immediately remove from
this assignment any employee found unfit to perform duties due to one or more of the
following reasons: (1) Neglect of duty. (2) Disorderly conduct, use of abusive or offensive
language, quarreling, intimidation by words or actions, or fighting. (3) Theft, vandalism,
immoral conduct, or any other criminal action. (4) Selling, consuming, possessing, or being
under the influence of intoxicants, including alcohol or substances, while on assignment
for the City.
All City-owned or operated facilities and their grounds are non-smoking sites.
RFP 10082 CM/GC Services for Joe Wright Reservoir Gate Replacement Project
J. Invoicing and Payment
Invoices should be emailed monthly to invoices@fcgov.com with a copy to Taylor Scott,
tscott@fcgov.com. The cost of the work completed shall be paid to the Contractor each
month following the submittal of a correct invoice by the Contractor indicating the project
name, Purchase Order number, task description, hours worked, personnel/work type
category, hourly rate for each employee/work type category, date of the work performed
specific to the task, percentage of that work that has been completed by task, 3rd party
supporting documentation with the same detail and a brief progress report.
Payments will be made using the agreed-to prices described in the Agreement. In the
event a service is requested which is not provided in the Agreement, the Contractor and
the City will negotiate an appropriate unit price for the service prior to the Contractor
initiating such work.
The City pays invoices on Net 30 terms.
K. Non-Disclosure Agreement
The City will require all Contractors who would like to submit a proposal under this RFP
to execute the City’s Non-Disclosure Agreement (NDA) in order to obtain access to the
1980 Joe Wright Reservoir Plan set, August 2020 Inspection Report, and the 2022 Joe
Wright Reservoir Gates Alternatives Evaluation. A sample copy of the NDA the City will
use for document access specified in this RFP is included as Attachment 1, attached
hereto and incorporated by this reference. The City will not accept any edits to the
NDA. Contact J.D. McCune, Sr. Buyer at jmccune@fcgov.com to request the NDA and
provide Contractors legal company name, contact name, contact email, and title of
person authorized to sign. The NDA will be routed via DocuSign for execution. Upon
receipt of an executed NDA, the City will then release the documents to the Contractor.
NDA request deadline is January 8, 2025, by 3:00 PM MT.
III. PROPOSAL SUBMITTAL
Contractor’s that have the requisite experience and qualifications are encouraged to submit
proposals. It is highly recommended to limit proposals to twenty (20) single-sided 8 ½ x 11”
pages (excluding cover pages, table of contents, dividers, bonding company
references, resumes, and Section V, Acknowledgement form). Font shall be a minimum
of 10 Arial, and margins are limited to no less than .5” for sides and top/bottom. Please, no
embedded documents. The City shall not reimburse any firm for costs incurred in the
preparation and presentation of their proposal.
A. Cover Letter / Executive Summary
The Executive Summary should highlight the content of the proposal and features of the
program offered, including a general description of the program and any unique aspects or
benefits provided by your firm.
Indicate your availability to participate in the interviews/demonstrations on the proposed dates
as stated in the Anticipated RFP Schedule section.
B. Contractor Information
1. Describe the Contractor’s business and background, and provide a brief
summary/overview of services the firm offers
RFP 10082 CM/GC Services for Joe Wright Reservoir Gate Replacement Project
2. Provide general contracting licenses held by the firm
3. Number of years in the business
4. Size of the firm
5. Details about ownership, including the date the firm was established, how the firm is
organized, and previous names of the firm in the last ten (10) years (if applicable)
6. Location(s) of the firm’s offices; if multiple, please identify which will be the primary for
our account
7. Primary corporate contact information, including contact name(s) and title(s), mailing
address(s), phone number(s), and email address(s); complete Section V,
Acknowledgement
C. Cost and Work Hours
Complete Section VI CM/GC Cost Proposal, providing all construction cost factors that
will be used to develop the cost of work. The following shall be provided:
a. Work Order I (Pre-Construction) Services:
1. Cost estimate for pre-construction services.
A. Provide a separate lump sum, not to exceed, cost for your involvement to
complete pre-construction services, including meetings, cost estimating,
value engineering and other related tasks included in the Preconstruction
Support Services Scope of Work. Pre-construction ends once a GMP has
been established. On a separate sheet, provide estimated hours per task
and per personnel classification to complete the pre-construction services.
B. On a separate sheet, provide unburdened labor rates for your personnel
showing base pay and the percentage for labor burden.
b. Work Order II (Construction) Services:
1. Provide your CM/GC Fee, expressed as a percentage, to be added to the
direct cost of work, including all materials, labor, equipment and
subcontractor. This Fee shall be used to cover all insurance, overhead,
mark-up and profit and shall also be used on any project change orders.
2. Provide a schedule of billing rates by category of employee and job title to be
used during the term of the Agreement during construction, including
anticipated labor, operator and equipment usage. The rate schedule will be
used as a basis for negotiation during construction contract pricing
negotiations for self-performed work and change orders.
As a part of their proposal, proposing firms are to provide the following:
a. Bonding Company Reference:
Provide the name, address, and phone number of the firm’s bonding agent.
Provide a letter from the bonding agent indicating the firm’s bonding capacity is
adequate to undertake this work.
b. Insurance Company:
Provide the name, address, and phone number of the firm’s insurance agent(s).
Provide statements to answer the following questions. (See also Insurance
RFP 10082 CM/GC Services for Joe Wright Reservoir Gate Replacement Project
Requirements in Section VII, Sample Agreement).
i. Does coverage meet minimum Project requirements?
ii. Does coverage include builder’s risk?
iii. Can this coverage be extended for work on this Project?
iv. Can coverage be increased?
v. Can the City be listed as an additional insured?
vi. Are there any current claims that will affect coverage limits available for this
Project?
D. Scope of Proposal
If awarded the contract per the scope above, provide a detailed narrative of the services
proposed. The narrative should include any options that may be beneficial for the City to
consider.
1. Preconstruction and Construction Sequencing/Scheduling
a. What makes your preconstruction services unique? What tools do you use to
enhance the process? How will your preconstruction services benefit the City?
Describe your approach and how you schedule, plan, and manage the
preconstruction phase of the Project.
b. Describe the scheduling software your firm typically uses for sequencing tasks and
scheduling subcontractors, materials, and equipment. The City will require that
industry-recognized software be used to develop and manage the Project
schedule.
c. Describe the way in which your firm develops, maintains, and updates Project
schedules for projects of this size and nature.
d. Describe your process and frequency for updating Project schedules and how your
firm works to overcome challenges and works to maintain the original completion
date. Submit an example of a project schedule for a similar size project.
e. Describe your approach to the schedule, specifically identifying what you believe
will be most important or critical to the schedule and if you believe a construction
timeline is achievable.
2. Project Budget and Cost Control
a. Describe your approach to developing cost estimates through preconstruction.
b. Describe your approach to developing value engineering ideas through
construction delivery to enhance the work product while potentially saving cost.
c. Describe how the project timeline outlined in Section I. B. above affects your
approach to pricing.
d. Describe your approach to be transparent or open book when developing the GMP
for this Project in cooperation with the City.
3. Trade Subcontractors & Self Performed Work
Provide a listing of subcontractors for major trades your firm plans to engage to meet
the City’s procurement requirements. Explain your relationship with these firms, how
long they have worked with you on projects, and generally how your subcontractor
procurement process works. Give examples of situations where these firms have
performed to tight timeframes and accelerated schedules.
Provide a full list of work that could potentially be self-performed on the Project, and
RFP 10082 CM/GC Services for Joe Wright Reservoir Gate Replacement Project
an estimate for the percent of the construction Project you plan to self-perform.
4. Approach to GMP Negotiation
Describe in detail how your firm uses the markups, CM/GC percentage fee, and direct
cost of work to develop the GMP for the Project. The City anticipates working with the
Contractor to develop this cost for all known quantities of the Project. If unknown
circumstances are discovered, the City will negotiate the costs with Contractor prior to
the completion the work. The final not to exceed Project cost will be established as a
GMP including a detailed bid schedule.
5. Method of Construction
Submit a written narrative explaining your approach to the construction phase of the
Project and achievement of the Project goals described in Section II. A. 2, Construction
Requirements.
6. Quality Assurance/Quality Control
Provide details on your firm’s quality control program. Explain how your team
administers a quality control program during construction, how performance measures
are documented, and how quality issues are addressed.
Provide examples of when your firm exceeded quality standards, gained industry
recognition, or received quality awards.
E. Firm Capability
1. Company Resources & Assigned Personnel
Provide an organizational chart for the resources proposed to be used on this Project
and identify the main point of contact for the Project.
Provide the names and resumes of proposed key Project staff, including the
preconstruction team, proposed project manager, and construction project
superintendent, and who will be our main point of contact. Detail the availability and
commitment of the proposed staff. (Note: key personnel must be committed to this
Project for its duration unless excused by the City. This requirement is non-negotiable.)
2. Relevant Project Experience
Provide a brief project description and history of projects, similar in scope to this
project, completed in the last 15 years. Profile projects should include the
replacement and repair of large slide gates and appurtenances at storage
reservoirs, specifically high hazard dams and / or remote locations. Highlight
experience with gate material procurement, gate removal and demolition,
installation, troubleshooting, and concrete repair. This project requires the
Contractor to procure and temporarily place a bulkhead on the upstream intake
structure under reservoir surcharge. Experience with diving and underwater
construction is required from the proposed Contractor team. It is anticipated that
the gate removal and replacement will occur in the dry once the bulkhead is
properly installed. Include experience working in remote and mountainous areas
on gate related water storage projects.
Limit profile projects list to 5 projects maximum. Identify any Key Personnel that
were involved with the profile projects that will be assigned to this project. Include
the following information:
RFP 10082 CM/GC Services for Joe Wright Reservoir Gate Replacement Project
a. Project description that includes the project name, the design team's firms, and
site location. Please include pictures of the work completed.
b. Project history that includes the original schedule agreed upon at the time of
signing the contract, the actual duration of construction, and any special
characteristics of the project that affected delivery.
c. Type of project delivery model used.
d. Original contract cost.
e. Cost at completion.
f. Original contract time and actual completion time.
g. Provide a brief discussion of any unusual factors that affected the project delivery
(e.g. owner-initiated delays, additions to the work, etc.). Provide both an owner
reference and consulting engineer/architect reference for cited projects, including
name, contact name, email address, and phone number.
F. Safety Record
Complete Attachment 2, Contractor Safety Form, attached hereto and incorporated by this
reference.
G. 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. 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 a demonstration
of working within cultural and language gaps, development of diversity programs,
diverse project teams, equitable opportunity vendor supply chain, and how your
RFP 10082 CM/GC Services for Joe Wright Reservoir Gate Replacement Project
firm has applied an equity lens to processes such as recruitment, hiring,
purchasing, career pathways, salaries, and staff engagement.
3. Provide the list of LEED Projects you have completed in the last 5 years and the level
of certification achieved or anticipated.
H. Additional Information
Provide any information that distinguishes Contractor from its competition and any
additional information applicable to this RFP that might be valuable in assessing
Contractor’s proposal.
Explain any concerns Contractor may have in maintaining objectivity in recommending the
best solution. All potential conflicts of interest must be disclosed.
Exceptions to the Scope of Services and City Sample Agreement (a sample of which
is attached in Section VII) shall be documented. The City makes no guarantees to
change the Agreement but may consider the exceptions.
RFP 10082 CM/GC Services for Joe Wright Reservoir Gate Replacement Project
IV. REVIEW AND ASSESSMENT CRITERIA
Proposal and Interview Criteria
Contractors will be evaluated on the following qualification criteria. This set of criteria will be
the basis for review and assessment of the written proposals and optional interviews. At the
sole discretion of the City, interviews of the top ranked firms may be conducted.
The rating scale shall be from 1 to 10, a rating of 1 doesn’t meet minimum requirements, a
rating of 5 means the category fulfills the minimum requirements, and 10 exceeds minim
requirements in that category.
NUMBER FACTOR
RFP 10082 CM/GC Services for Joe Wright Reservoir Gate Replacement Project
V. ACKNOWLEDGEMENT
Contractor hereby acknowledges receipt of the City’s Request for Proposals 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 10082 CM/GC Services for Joe Wright Reservoir Gate
Replacement Project and sample Agreement except as otherwise noted. Additionally,
Contractor hereby makes the following representations to the City:
a. All of the statements and representations made in this proposal are true to the best of the
Contractor’s knowledge and belief.
b. Contractor commits that it is able to meet the terms provided in this proposal.
c. This proposal is a firm and binding offer, for a period of 90 days from the date hereof.
d. Contractor further agrees that the method of award is acceptable.
e. Contractor also agrees to complete the proposed Agreement with the City within 10 days
of notice of award. If contract is not completed and signed within 10 days, City reserve the
right to cancel and award to the next highest-rated firm.
f. Contractor acknowledges receipt of addenda.
g. Contractor acknowledges no conflict of interest.
h. Contractor 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. 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:
Phone:
Name of Authorized Agent of Firm:
Signature of Authorized Agent:
Primary Contact for Project:
Title: Email Address:
Phone: Cell Phone:
NOTE: ACKNOWLEDGMENT IS TO BE SIGNED & RETURNED WITH YOUR PROPOSAL.
RFP 10082 CM/GC Services for Joe Wright Reservoir Gate Replacement Project
VI. CM/GC COST PROPOSAL
1. Work Order I (Pre-Construction) Services:
i. Provide a lump sum, not-to-exceed cost for your involvement to complete pre-
construction services, including, but not limited to, meetings, cost estimating,
value engineering and other related tasks. Pre-construction ends once a GMP
has been established.
$________________________________________
ii. On a separate sheet, provide unburdened labor rates for your personnel showing
base pay, the percentage for labor burden and billing rate.
2. Work Order II (Construction) Services:
i. Provide your CM/GC Fee, expressed as a percentage, as well as markups on all
materials, equipment, subcontractors, and change order costs. The CM/GC fee
shall be used to cover cost for insurance, overhead, mark-up and profit and shall
also be used for fee on all project change orders.
Fee Percentage: _______________________________%
ii. On a separate sheet, provide a schedule of billing rates by category of employee
and job title to be used during the term of the Agreement during construction,
including anticipated labor, operator, and equipment usage. The rate schedule
will be used as a basis for negotiation during construction contract pricing
negotiations for self-performed work and change orders.
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VII. SAMPLE SERVICES AGREEMENT (FOR REFERENCE ONLY – DO NOT SIGN)
SERVICES AGREEMENT
WORK ORDER TYPE
THIS AGREEMENT made and entered into the day and year set forth below, by and
between THE CITY OF FORT COLLINS, COLORADO, a Municipal Corporation, hereinafter
referred to as the "City" and hereinafter referred to as "Service Provider".
WITNESSETH:
In consideration of the mutual covenants and obligations herein expressed, it is agreed by
and between the parties hereto as follows:
1. Services to be Performed.
a. This Agreement shall constitute the basic agreement between the parties for 10082
CM/GC Services for Joe Wright Reservoir Gate Replacement Project. The conditions
set forth herein shall apply to all services performed by the Service Provider on behalf
of the City and particularly described in Work Orders agreed upon in writing by the
parties from time to time. Such Work Orders, samples of which are attached hereto
as Exhibit A & B, consisting of two (2) and ninety two (92) pages and incorporated
herein by this reference, shall include a description of the services to be performed,
the location and time for performance, the amount of payment, any materials to be
supplied by the City and any other special circumstances relating to the performance
of services. A general scope of services is attached hereto as Exhibit C, consisting of
one (1) page, and incorporated herein by this reference.
The only services authorized under this Agreement are those which are performed
after receipt of such Work Order, except in emergency circumstances where oral work
requests may be issued. Oral requests for emergency actions will be confirmed by
issuance of a written Work Order within two (2) working days. Irrespective of
references in Exhibit A & B to certain named third parties, Service Provider shall be
solely responsible for performance of all duties hereunder.
b. The City may, at any time during the term of a particular Work Order and without
invalidating such Work Order, make changes to the scope of the particular services.
Such changes shall be agreed upon in writing by the parties by Change Order, a
sample of which is attached hereto as Section 00950, consisting of one (1) page, and
incorporated herein by this reference.
2. Changes in the Work. The City reserves the right to independently bid any services rather
than issuing work to the Service Provider pursuant to this Agreement. Nothing within this
Agreement shall obligate the City to have any particular service performed by the Service
Provider.
3. Time of Commencement and Completion of Services. The services to be performed
pursuant to this Agreement shall be initiated as specified by each written Work Order or oral
Services Agreement – Work Order Type
10082 CM/GC Services for Joe Wright Reservoir Gate Replacement Project Page 2 of 106
emergency service request. Oral emergency service requests will be acted upon without
waiting for a written Work Order. Time is of the essence.
4. Contract Period. This Agreement shall commence and shall continue in full force
and effect until , unless sooner terminated as herein provided. In addition, at the
option of the City, the Agreement may be extended for additional one year periods not to
exceed two (2) additional one year periods. At the discretion of the Purchasing Director, the
agreement may be extended for one (1) additional year due to unforeseen circumstances
that delay the project(s). Renewals and pricing changes shall be negotiated by and agreed
to by both parties only at the time of renewal. Written notice of renewal shall be provided
to the Service Provider and mailed no later than thirty (30) days prior to contract end.
5. Delay. If either party is prevented in whole or in part from performing its obligations by
unforeseeable causes beyond its reasonable control and without is fault or negligence, then
the party so prevented shall be excused from whatever performance is prevented by such
cause. To the extent that the performance is actually prevented, the Service Provider must
provide written notice to the City of such condition within ten (10) days from the onset of
such condition.
6. Early Termination by City/Notices. Notwithstanding the time periods contained herein, the
City may terminate this Agreement at any time without cause by providing written notice of
termination to the Service Provider. Such notice shall be mailed at least ten (10) days prior
to the termination date contained in said notice unless otherwise agreed in writing by the
parties. All notices provided under this Agreement shall be effective immediately when
emailed or three business days from the date of the notice when mailed to the following
addresses:
Service Provider: City: Copy to:
Attn:
email address
City of Fort Collins
Attn: Taylor Scott
PO Box 580
Fort Collins, CO 80522
tscott@fcgov.com
City of Fort Collins
Attn: Purchasing Dept.
PO Box 580
Fort Collins, CO 80522
purchasing@fcgov.com
In the event of early termination by the City, the Service Provider shall be paid for services
rendered to the date of termination, subject only to the satisfactory performance of the
Service Provider's obligations under this Agreement. Service Provider shall submit a final
invoice within ten (10) days of the effective date of termination. Undisputed invoices shall
be paid Net 30 days of the date of the invoice. Such payment shall be the Service Provider's
sole right and remedy for such termination.
7. Contract Sum. This is an open-end indefinite quantity Agreement with no fixed price. The
actual amount of work to be performed will be stated on the individual Work Orders. The
City makes no guarantee as to the number of Work Orders that may be issued or the actual
amount of services which will in fact be requested.
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8. Payments.
a. The City agrees to pay and the Service Provider agrees to accept as full payment for all
work done and all materials furnished and for all costs and expenses incurred in
performance of the work the sums set forth for the hourly labor rate and material costs,
with markups, stated within the Bid Schedule Proposal Form, attached hereto as Exhibit
D, consisting of ( ) pages, and incorporated herein by this reference.
b. Invoices shall be emailed to invoices@fcgov.com with a copy to the Project Manager.
The cost of the work completed shall be paid to the Service Provider following the
submittal of a correct itemized invoice by the Service Provider. Payment shall be made
by the City only upon acceptance of the work by the City and upon the Service Provider
furnishing satisfactory evidence of payment of all wages, taxes, supplies and materials,
and other costs incurred in connection with the performance of such work. The City is
exempt from sales and use tax. The City’s Certificate of Exemption license number is
09804502. A copy of the license is available upon written request.
The City pays invoices on Net 30 days from the date of the invoice.
9. Appropriation. To the extent this Agreement or any provision in it constitutes a multiple
fiscal year debt or financial obligation of the City, it shall be subject to annual appropriation
by City Council as required in Article V, Section 8(b) of the City Charter, City Code Section
8-186, and Article X, Section 20 of the Colorado Constitution. The City shall have no
obligation to continue this Agreement in any fiscal year for which no such supporting
appropriation has been made.
10. Liquidated Damages. OWNER and CONTRCTOR recognize that time is of the essence of
this Agreement and that OWNER will suffer financial loss if the Work is not completed within
the times specified in the Work Order, plus any extensions thereof allowed in accordance
with Article 12 of the General conditions. They also recognize the delays, expenses and
difficulties involved in proving in a legal proceeding the actual loss suffered by OWNER if
the Work is not completed on time. Accordingly, instead of requiring any such proof,
OWNER and CONTRACTOR agree that as liquidated damages for delay (but not as
penalty) CONTRACTOR shall pay OWNER the amount set forth in each Work Order.
11. City Representative. The City's representative will be shown on the specific Work Order
and shall make, within the scope of his or her authority, all necessary and proper decisions
with reference to the work requested. All requests concerning this Agreement shall be
directed to the City Representative.
12. Independent Contractor. It is agreed that in the performance of any services hereunder, the
Service Provider is an independent contractor responsible to the City only as to the results
to be obtained in the particular work assignment and to the extent that the work shall be
done in accordance with the terms, plans and specifications furnished by the City.
13. Subcontractors/subconsultants. Service Provider may not subcontract any of the Work set
forth in the subsequent Work Orders without the prior written consent of the city, which shall
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not be unreasonably withheld. If any of the Work is subcontracted hereunder (with the
consent of the City), then the following provisions shall apply: (a) the
subcontractor/subconsultant must be a reputable, qualified firm with an established record
of successful performance in its respective trade performing identical or substantially similar
work, (b) the subcontractor/subconsultant will be required to comply with all applicable terms
of this Agreement, (c) the subcontract will not create any contractual relationship between
any such subcontractor/subconsultant and the City, nor will it obligate the City to pay or see
to the payment of any subcontractor/subconsultant, and (d) the work of the
subcontractor/subconsultant will be subject to inspection by the City to the same extent as
the work of the Service Provider.
14. Personal Services. It is understood that the City enters into the Agreement based on the
special abilities of the Service Provider and that this Agreement shall be considered as an
agreement for personal services. Accordingly, the Service Provider shall neither assign any
responsibilities nor delegate any duties arising under the Agreement without the prior written
consent of the city.
15. Acceptance Not Waiver. The City's approval or acceptance of, or payment for any of the
services shall not be construed to operate as a waiver of any rights under the Agreement or
of any cause of action arising out of the performance of this Agreement.
16. Warranty.
a. Service Provider warrants that all work performed hereunder shall be performed with the
highest degree of competence and care in accordance with accepted standards for work
of a similar nature.
b. Unless otherwise provided in the Agreement, all materials and equipment incorporated
into any work shall be new and, where not specified, of the most suitable grade of their
respective kinds for their intended use, and all workmanship shall be acceptable to City.
c. Service Provider warrants all equipment, materials, labor and other work, provided under
this Agreement, except City-furnished materials, equipment and labor, against defects
and nonconformances in design, materials and workmanship/workwomanship for a
period beginning with the start of the work and ending twenty-four (24) months from and
after final acceptance under the Work Order, regardless whether the same were
furnished or performed by Service Provider or by any of its
subcontractors/subconsultants of any tier. Upon receipt of written notice from City of
any such defect or nonconformances, the affected item or part thereof shall be
redesigned, repaired, or replaced by Service Provider in a manner and at a time
acceptable to City.
17. Default. Each and every term and condition hereof shall be deemed to be a material
element of this Agreement. In the event either party should fail or refuse to perform
according to the terms of this Agreement, such party may be declared in default thereof.
18. Remedies. In the event a party has been declared in default, such defaulting party shall be
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allowed a period of ten (10) days within which to cure said default. In the event the default
remains uncorrected, the party declaring default may elect to (a) terminate the Agreement
and seek damages; (b) treat the Agreement as continuing and require specific performance;
or (c) avail themselves of any other remedy at law or equity. If the non-defaulting party
commences legal or equitable actions against the defaulting party, the defaulting party shall
be liable to the non-defaulting party for the non-defaulting party's reasonable attorney fees
and costs incurred because of the default.
19. Entire Agreement; Binding Effect; Order of Precedence; Authority to Execute. This
Agreement, along with all Exhibits and other documents incorporated herein, shall constitute
the entire Agreement of the parties regarding this transaction and shall be binding upon said
parties, their officers, employees, agents and assigns and shall inure to the benefit of the
respective survivors, heirs, personal representatives, successors and assigns of said
parties. Covenants or representations not contained in this Agreement shall not be binding
on the parties. In the event of a conflict between terms of the Agreement and any exhibit or
attachment, the terms of the Agreement shall prevail. Each person executing this
Agreement affirms that they have the necessary authority to sign on behalf of their
respective party and to bind such party to the terms of this Agreement.
20. Indemnity/Insurance.
a. The Service Provider agrees to indemnify and save harmless the City, its officers, agents
and employees against and from any and all actions, suits, claims, demands or liability
of any character whatsoever, brought or asserted for injuries to or death of any person
or persons, or damages to property arising out of, result from or occurring in connection
with the performance of any service hereunder.
b. The Service Provider shall take all necessary precautions in performing the work
hereunder to prevent injury to persons and property.
c. Without limiting any of the Service Provider's obligations hereunder, the Service Provider
shall provide and maintain insurance coverage naming the City as an additional insured
under this Agreement of the type and with the limits specified within Section 00630,
consisting of two (2) pages, attached hereto, and incorporated herein by this reference.
The Service Provider before commencing services hereunder shall deliver to the City's
Purchasing Director, purchasing@fcgov.com, P. O. Box 580, Fort Collins, Colorado
80522 one copy of a certificate evidencing the insurance coverage required from an
insurance company acceptable to the city.
21. Law/Severability. The laws of the State of Colorado shall govern the construction,
interpretation, execution, and enforcement of this Agreement. The Parties further agree that
Larimer County District Court is the proper venue for all disputes. If the City subsequently
agrees in writing that the matter may be heard in federal court, venue will be in Denver
District Court. In the event any provision of this Agreement shall be held invalid or
unenforceable by any court of competent jurisdiction, such holding shall not invalidate or
render unenforceable any other provision of this Agreement.
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22. Governmental Immunity Act. No term or condition of this Agreement shall be construed or
interpreted as a waiver, express or implied, of any of the notices, requirements, immunities,
rights, benefits, protections, limitations of liability, and other provisions of the Colorado
Governmental Immunity Act, C.R.S. § 24-10-101 et seq. and under any other applicable
law.
23. Prohibition Against Unlawful Discrimination. The City of Fort Collins, in accordance with the
provisions of Title VI of the Civil Rights Act of 1964 (78 Stat. 252, 42 US.C. §§ 2000d to
2000d-4) and the Regulations, hereby notifies all bidders that it will affirmatively ensure that
any contract entered into pursuant to this advertisement, disadvantaged business
enterprises will be afforded full and fair opportunity to submit bids in response to this
invitation and will not be discriminated against on the grounds of race, color, or national
origin in consideration for an award.
The City strictly prohibits unlawful discrimination based on an individual’s gender (regardless
of gender identity or gender expression), race, color, religion, creed, national origin,
ancestry, age 40 years or older, marital status, disability, sexual orientation, genetic
information, or other characteristics protected by law. For the purpose of this policy “sexual
orientation” means a person’s actual or perceived orientation toward heterosexuality,
homosexuality, and bisexuality. The City also strictly prohibits unlawful harassment in the
workplace, including sexual harassment. Further, the City strictly prohibits unlawful
retaliation against a person who engages in protected activity. Protected activity includes
an employee complaining that he or she has been discriminated against in violation of the
above policy or participating in an employment discrimination proceeding.
The City requires its vendors to comply with the City’s policy for equal employment
opportunity and to prohibit unlawful discrimination, harassment, and retaliation. This
requirement applies to all third-party vendors and their subcontractors/subconsultants at
every tier.
24. Dust Control. The Service Provider shall abide by the City of Fort Collins “Dust Control and
Prevention Manual,” which is available for public download at
https://www.fcgov.com/airquality/pdf/dust-prevention-and-control-manual.pdf, and is
incorporated herein by this reference. The City of Fort Collins has implemented this manual
for all projects performed for the City of Fort Collins or located within the City of Fort Collins
City limits.
25. Colorado Open Records Act. The City is subject to Sec. 24-72-201 et seq. of the Colorado
Revised Statute (CORA). This Agreement is subject to public disclosure in whole pursuant
to CORA.
26. Special Provisions. Special provisions or conditions relating to the services to be performed
pursuant to this Agreement are set forth in Exhibit E - Confidentiality, consisting of four (4)
page(s), and Exhibit , Section 00700 General Conditions consisting of fifty-three (53)
pages.
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[Signature Page Follows]
THE CITY OF FORT COLLINS, COLORADO
By:
Gerry Paul
Purchasing Director
Date:
ATTEST:
APPROVED AS TO FORM:
SERVICE PROVIDER'S NAME
By:
Printed:
Title:
Date:
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EXHIBIT A
WORK ORDER FORM (Short form)
PURSUANT TO A MASTER AGREEMENT BETWEEN
THE CITY OF FORT COLLINS
AND
SERVICE PROVIDER'S NAME
WORK ORDER NUMBER: PM's Tracking #
PROJECT TITLE:
ORIGINAL BID/RFP NUMBER & NAME: 10082 GM/GC Services for Joe Wright
Reservoir Gate Replacement Project
MASTER AGREEMENT EFFECTIVE DATE: Original Contract Date
WORK ORDER COMMENCEMENT DATE:
WORK ORDER COMPLETION DATE:
MAXIMUM FEE: (time and reimbursable direct costs):
PROJECT DESCRIPTION/SCOPE OF SERVICES:
Service Provider agrees to perform the services identified above and on the attached forms in
accordance with the terms and conditions contained herein and in the Master Agreement between
the parties. In the event of a conflict between or ambiguity in the terms of the Master Agreement
and this Work Order (including the attached forms) the Master Agreement shall control.
The attached forms consisting of ( ) pages are hereby accepted and incorporated
herein, by this reference, and Notice to Proceed is hereby given after all parties have signed this
document.
SERVICE PROVIDER: Date:
Name, Title
ACCEPTANCE: Date:
Name, Project Manager
REVIEWED: Date:
Name, Buyer or Senior Buyer
ACCEPTANCE: Date:
Gerry Paul, Purchasing Director
(if greater than $60,000)
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EXHIBIT B
WORK ORDER FORM (Construction over $100,000)
CONSTRUCTION WORK ORDER
FOR
10082 GM/GC SERVICES FOR JOE WRIGHT
RESERVOIR GATE REPLACEMENT PROJECT
WORK ORDER NO.
TITLED
(WORK ORDER TITLE)
DATE:
CONTRACTOR:
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TABLE OF CONTENTS
AGREEMENT FORMS
00525 Work Order & Notice of Award
00530 Work Order Notice to Proceed
00600 Bonds and Certificates
00610 Performance Bond
00615 Payment Bond
00630 Certificate of Insurance
00635 Certificate of Substantial Completion
00640 Certificate of Final Acceptance
00650 Lien Waiver Release (CONTRACTOR)
00660 Consent of Surety
00670 Application for Exemption Certificate
CONDITIONS OF THE CONTRACT
00700 General Conditions
Exhibit GC-A GC-A1 - GC-A2
00800 Supplementary Conditions
00900 Addenda, Modifications and Payment
00950 Work Order Change Order Form
00960 Application for Payment
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SECTION 00500
CONSTRUCTION WORK ORDER AGREEMENT FORMS
00525 Work Order, Notice of Award & Bid Schedule
00530 Work Order Notice to Proceed
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SECTION 00525
WORK ORDER, NOTICE OF AWARD AND BID SCHEDULE
TO (CONTRACTOR OR CM/GC):
WORK ORDER # & TITLE:
PURCHASE ORDER:
ORIGINAL BID/RFP # & TITLE: 10082 CM/GC Services for Joe Wright Reservoir Gate
Replacement Project
ENGINEER:
OWNER’S REPRESENTATIVE:
NOTICE OF AWARD DATE:
OWNER: City of Fort Collins (hereinafter referred to as OWNER)
1. WORK. You are hereby notified that your bid dated , for the above Work Order has
been considered. Pursuant to your AGREEMENT with OWNER dated , you have
been awarded a Work Order for this Work Order Description:
A. See Section 01100 – Summary of Work.
2. CONTRACT PRICE, BONDS AND CERTIFICATES. The price of your Work Order is
($ ). 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 forty five days from Notice to Proceed, and
the date for Final Completion is sixty (60) days from Notice to Proceed.
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: two hundred fifty dollars ($250) for each calendar day
or fraction thereof that expires after forty five (45) days from Notice to Proceed.
2. Final Acceptance: After Substantial Completion one hundred fifty dollars
($150) per day after sixty (60) days from Notice to Proceed 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,
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investigations, explorations, tests, reports, and studies (in addition to or to
supplement those referred to in paragraph 6.2 above) which pertain to the
subsurface or physical condition at or contiguous to the site or otherwise
may affect the cost, progress, performance or furnishing of the Work as
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: 10082 CM/GC Services for Joe Wright Reservoir
Gate Replacement Project
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: ___________________________________________
___________________________________________
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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 10082 CM/GC
Services for Joe Wright Reservoir Gate Replacement Project 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 10082 CM/GC
Services for Joe Wright Reservoir Gate Replacement Project, 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
The CONTRACTOR will provide, from insurance companies acceptable to the OWNER, the
insurance coverage designated hereinafter and pay all costs. Before commencing work under
this Bid, the CONTRACTOR shall furnish the OWNER with certificates of insurance showing the
type, amount, class of operations covered, effective dates and date of expiration of policies.
In case of the breach of any provision of the Insurance Requirements, the OWNER, at its option,
may take out and maintain, at the expense of the CONTRACTOR, insurance as the OWNER may
deem proper and may deduct the cost of the insurance from any monies which may be due or
become due the CONTRACTOR under this CONTRACT.
Insurance certificates should show the certificate holder as follows:
City of Fort Collins
Purchasing Division
PO Box 580
Fort Collins, CO 80522
The OWNER, its officers, agents and employees shall be named as additional insureds on
the CONTRACTOR's general liability and automobile liability insurance policies by
marking the appropriate box or adding a statement to this effect on the certificate, for any
claims arising out of work performed under this CONTRACT.
Insurance coverages shall be as follows:
A. Workers' Compensation & Employer's Liability. The CONTRACTOR shall maintain during
the life of this CONTRACT for all of the CONTRACTOR’s employees engaged in work
performed under this CONTRACT. Workers' Compensation & Employer’s Liability
insurance shall conform with statutory limits of $100,000 per accident, $500,000 disease
aggregate, and $100,000 disease each employee, or as required by Colorado law.
B. General Liability. The CONTRACTOR shall maintain during the life of this CONTRACT
such General Liability as will provide coverage for damage claims of personal injury,
including accidental death, as well as for claims for property damage, which may arise
directly or indirectly from the performance of work under this CONTRACT. Coverage for
property damage shall be on a "broad form" basis. The amount of insurance for General
Liability, shall not be less than $1,000,000 combined single limits for bodily injury and
property damage.
C. Automobile Liability. The CONTRACTOR shall maintain during the life of this CONTRACT
such Automobile Liability insurance as will provide coverage for damage claims of
personal injury, including accidental death, as well as for claims for property damage,
which may arise directly or indirectly from the performance of work under this CONTRACT.
Coverage for property damage shall be on a "broad form" basis. The amount of insurance
for Automobile Liability, shall not be less than $1,000,000 combined single limits for bodily
injury and property damage.
D. Builder’s Risk. The CONTRACTOR shall maintain during the term of this CONTRACT
builder’s risk insurance in the amount of full insurable replacement cost. The insurance
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shall:
Be written on a builder’s risk “all risk” policy form that shall at least include insurance for
physical loss or damage to the Work, temporary buildings, falsework, and materials and
equipment in transit, and shall insure against at least the following perils or causes of loss:
fire; lightning; windstorm; riot; civil commotion; terrorism; vehicle impact; aircraft; smoke;
theft; vandalism and malicious mischief; earthquake and other earth movement; flood;
collapse; explosion; debris removal; demolition; and water damage (other than that
caused by flood).
Cover, as insured property, at least the following: (a) the Work and all materials, supplies,
machinery, apparatus, equipment, fixtures, and other property of a similar nature that are
to be incorporated into or used in the preparation, fabrication, construction, erection, or
completion of the Work, including OWNER-furnished or assigned property; (b) spare parts
inventory required within the scope of the CONTRACT; and (c) temporary works which
are not intended to form part of the permanent constructed Work but which are intended
to provide working access to the Site, or to the Work under construction, or which are
intended to provide temporary support for the Work under construction, including
scaffolding, form work, fences, shoring, falsework, and temporary structures
E. Subcontractors. In the event any work is performed by a subcontractor, the
CONTRACTOR shall be responsible for any liability directly or indirectly arising out of the
work performed under this CONTRACT by a subcontractor, which liability is not covered
by the subcontractor's insurance.
F. Primary Coverage. For any claims related to the CONTRACT, CONTRACTOR’s
insurance shall be primary coverage, and any insurance or self-insurance maintained by
the OWNER, its officers, agents and employees shall be in excess of the
CONTRACTOR’s insurance and shall not contribute with it.
G. Waiver of Subrogation. CONTRACTOR will grant to the OWNER a waiver of any right of
subrogation which any insurer of CONTRACTOR may acquire against the OWNER by
virtue of any payment of any loss. CONTRACTOR agrees to obtain any endorsement that
may be necessary to affect this waiver of subrogation, but this provision applies regardless
of whether or not the OWNER has received a waiver of subrogation endorsement from
the insurer.
In the event any work is performed by a subcontractor, the CONTRACTOR shall be responsible
for any liability directly or indirectly arising out of the work performed under this CONTRACT by a
subcontractor, which liability is not covered by the subcontractor's insurance.
Services Agreement – Work Order Type
10082 CM/GC Services for Joe Wright Reservoir Gate Replacement Project Page 11 of 106
SECTION 00635
CERTIFICATE OF SUBSTANTIAL COMPLETION
TO: CITY OF FORT COLLINS (OWNER) WORK ORDER # & TITLE:
DATE OF SUBSTANTIAL COMPLETION: ORIGINAL BID/RFP # & TITLE:
10082 CM/GC Services for Joe Wright
Reservoir Gate Replacement Project
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: _________________________________________________________________
____________________________________________________________________________
____________________________________________________________________________
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 10082 CM/GC Services for Joe Wright Reservoir Gate
Replacement Project.
A check is attached hereto in the amount of $ as Final Payment for all Work done, subject
to the terms of the Contract Documents, including the Work Order, which is dated , and the
AGREEMENT, which is dated .
In conformance with the Work Order and Contract Documents for this project, your obligations
and guarantees will continue for the specified time from the following date:
___________________, _____.
Sincerely,
City of Fort Collins
OWNER
By: ___________________________________________
___________________________________________
Name & Title
ATTEST: _________________________________________
___________________________________________
Name & Title
SECTION 00650
LIEN WAIVER RELEASE
(CONTRACTOR)
TO: City of Fort Collins, Colorado (OWNER)
FROM: (CONTRACTOR)
WORK ORDER TITLE:
WORK ORDER NUMBER:
ORIGINAL BID/RFP # & TITLE: 10082 CM/GC Services for Joe Wright Reservoir Gate
Replacement Project
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
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
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: 10082 CM/GC Services for Joe Wright Reservoir Gate
Replacement Project
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.
SECTION 00670
APPLICATION FOR EXEMPTION CERTIFICATE
SECTION 00700
GENERAL CONDITIONS
SECTION 00800
SUPPLEMENTARY CONDITIONS
Conditions of the CONTRACT
These Supplementary Conditions amend or supplement the General Conditions of the
Construction Contract (EJCDC General Conditions 1910-8, 1990 edition with City of Fort Collins
modifications) and other provisions of the CONTRACT Documents as indicated below.
SC-1.46 Work Order
A. Add the following new paragraph immediately after paragraph 1.43 of the General
Conditions:
1.43 Work Order - A CONTRACT Document once executed by OWNER and
CONTRACTOR, that provides for the construction of all or a portion of the
Work, pursuant to the CONTRACT and CONTRACT Documents.
SC-2.8 Preliminary Matters
A. Delete paragraph 2.8 of the General Conditions entirely and replace it with the
following paragraph:
Preconstruction Conference. Within ten days after the CONTRACT Times for
a Work Order start to run, but before any Work at the site is started, a
conference attended by CONTRACTOR, ENGINEER and others as
appropriate will be held to establish a working relationship among the parties
as to the Work and to discuss the schedules referred to in paragraph 2.6,
procedures for handling Shop Drawings and other submittals, processing
Applications for Payment, and maintaining required records. Unless otherwise
agreed by the parties, the CONTRACTOR shall be responsible for
documenting the meeting minutes which shall be subject to the OWNER’S
approval.
SC-4.2 Subsurface and Physical Conditions:
A. Add the following language to paragraph 4.2.1 of the General Conditions.
4.2.1.1.1 The following report(s) of exploration and tests of subsurface conditions
at the site of the Work:
None
Contractor may rely upon the accuracy of the technical data contained in the
geotechnical documents, but not upon nontechnical data, interpretations or
opinions contained therein or upon the completeness of any information in the
report.
SC-5.4.7 Additional Insureds. Include the following parties or entities as additional insureds,
as provided in paragraph 5.4.7 of the General Conditions:
5.4.7.1 City of Fort Collins, PO Box 580, Fort Collins, Colorado 80522
5.4.7.2 Ditesco, LLC, 2133 S. Timberline Road, Suite 110, Fort Collins, CO 80525
5.4.7.3 AECOM INC. 7595 East Technology Way, Suite 200, Denver, CO 80237
SC-5.4.8 Limits of Liability
A. Add the following language at the end of paragraph 5.4.8.
The limits of liability for the insurance required by the paragraph numbers of the
General Conditions listed in paragraphs 5.4.1 through 5.4.10 of the General
Conditions are as outlined in Section 00630 of the CONTRACT.
The limits of liability for the insurance required by paragraphs 5.4.1 through 5.4.6
inclusive and requirements of 5.4.7 through 5.4.10 shall be in accordance with
Section 00630 of the CONTRACT.
SC-8.0 OWNER’s Responsibilities
A. 8.1 Change reference to ENGINEER to PROJECT MANAGER
B. Add the following language to ARTICLE 8:
8.10. The OWNER will provide a project manager (the Project Manager).
The CONTRACTOR shall direct all questions concerning
CONTRACT interpretation, Change Orders, and other requests for
clarification or instruction to the Project Manager.
8.10.1 Authority: The Project Manager will be the OWNER's representative
during the construction of the project. The Project Manager shall have
the authority to reject work and materials whenever rejection may be
necessary to ensure the proper performance of the Work in
accordance with the CONTRACT Documents.
8.10.2 Duties and Responsibilities: The Project Manager will make periodic
visits to the project site to observe the progress and quality of the
Work and to determine, in general, if the Work is proceeding in
accordance with the CONTRACT Documents. The Project Manager
shall not be required to make comprehensive or continuous
inspections to check the progress or quality of the Work. The Project
Manager shall not be responsible for construction means, methods,
techniques, sequences, or procedures, or for safety precautions or
programs in connection with the Work, or for any failure of the
CONTRACTOR to comply with laws and regulation applicable to the
performance or furnishing of the Work. Visits and observations made
by the Project Manager shall not relieve the CONTRACTOR of his
obligation to conduct comprehensive inspections of the Work, to
furnish materials and perform acceptable Work, and to provide
adequate safety precautions in conformance with the CONTRACT
Documents. The Project Manager shall at all times have access to
the Work. The CONTRACTOR shall provide facilities for access so
the Project Manager may perform his or her functions under the
CONTRACT Documents.
8.10.3 One or more Construction Inspector(s) (CI) may be assigned to assist
the Project Manager in providing observation of the Work, to
determine whether or not the Work is proceeding according to the
construction documents. CONTRACTOR will receive written
notification from the OWNER of any CI assignments. The CI shall not
supervise, direct or have control or authority over, nor be responsible
for, CONTRACTOR's means, methods, techniques, sequences or
procedures of construction or the safety precautions and programs
incident thereto, or for any failure of CONTRACTOR to comply with
Laws and Regulations applicable to the furnishing or performance of
the Work. The CI will not be responsible for CONTRACTOR's failure
to perform or furnish the Work in accordance with the CONTRACT
Documents. The CI's dealings in matters pertaining to the on-site
work will be to keep the Project Manager properly apprised about
such matters.
8.10.4 Communications: All instructions, approvals, and decisions of the
Project Manager shall be in writing. The CONTRACTOR may not rely
on instructions, approvals, or decisions of the Project Manager until
the same are reduced to writing.
SC-11.6.2 Change of CONTRACT Price
A. Add the following new paragraph to paragraph 11.6.2 of the General
Conditions:
11.6.2.7. Cost of the Work. Allowances for profit, overhead and mark-up
prescribed by Article 5 of the CONTRACT shall be used in lieu of any
CONTRACTOR'S fee, overhead, profit or mark-up allowances as
prescribed in paragraphs 11.6.2.1, 11.6.2.2, and 11.6.2.3.
SC-12.3. Add the following language to the end of paragraph 12.3 of the General Conditions.
No weather days have been included in the contract time. Should the Contractor be
delayed due to weather, the Owner will process a Change Order extending the
contract time for which the Contractor’s critical path of work has been delayed due to
weather.
SC-13.12 Correction Period:
13.12.1 If within two years after the date of Substantial Completion or a longer
period of time as may be prescribed by Laws or Regulations or by the terms
of any applicable special guarantee required by the CONTRACT
Documents or by any specific provision of the CONTRACT Documents,
and Work is found to be defective, CONTRACTOR shall promptly, without
cost to OWNER and in accordance with OWNER’s written instructions
correct the work to the acceptance of the OWNER.
SC-14.1 Definitions
Owner: City of Fort Collins
Ditesco: Owner’s Representative and Engineer
AECOM: Engineer of Record
SC-CONFIDENTIALITY
IN CONNECTION WITH SERVICES provided to the City of Fort Collins (the “City”)
pursuant to this CONTRACT (the “CONTRACT”), the Service Provider hereby
acknowledges that it has been informed that the City has established policies and
procedures with regard to the handling of confidential information and other sensitive
materials.
In consideration of access to certain information, data and material (hereinafter
individually and collectively, regardless of nature, referred to as “information”) that are
the property of and/or relate to the City or its employees, customers or suppliers, which
access is related to the performance of services that the Service Provider has agreed
to perform, the Service Provider hereby acknowledges and agrees as follows:
That information that has or will come into its possession or knowledge in connection
with the performance of services for the City may be confidential and/or proprietary.
The Service Provider agrees to treat as confidential (a) all information that is owned
by the City, or that relates to the business of the City, or that is used by the City in
carrying on business, and (b) all information that is proprietary to a third party
(including but not limited to customers and suppliers of the City). The Service Provider
shall not disclose any such information to any person not having a legitimate need-to-
know for purposes authorized by the City. Further, the Service Provider shall not use
the information to obtain any economic or other benefit for itself, or any third party,
except as specifically authorized by the City.
The foregoing to the contrary notwithstanding, the Service Provider understands that
it shall have no obligation under this CONTRACT with respect to information and
material that (a) becomes generally known to the public by publication or some means
other than a breach of duty of this CONTRACT, or (b) is required by law, regulation or
court order to be disclosed, provided that the request for disclosure is proper and the
disclosure does not exceed that which is required. In the event of any disclosure under
(b) above, the Service Provider shall furnish a copy of this CONTRACT to anyone to
whom it is required to make disclosure and shall promptly advise the City in writing of
each disclosure.
In the event that the Service Provider ceases to perform services for the City, or the
City so requests for any reason, the Service Provider shall promptly return to the City
any and all information described hereinabove, including all copies, notes and/or
summaries (handwritten or mechanically produced) thereof, in its possession or
control or as to which it otherwise has access.
The Service Provider understands and agrees that the City’s remedies at law for a
breach of the Service Provider’s obligations under this Confidentiality Agreement may
be inadequate and that the City shall, in the event of any breach, be entitled to seek
equitable relief (including without limitation preliminary and permanent injunctive relief
and specific performance) in addition to all other remedies provided hereunder or
available at law.
SECTION 00900
ADDENDA, MODIFICATIONS AND PAYMENT
00950 Change Order
00960 Application for Payment
SECTION 00950
CHANGE ORDER FORM
CHANGE ORDER NO.
CONTRACTOR:
WORK ORDER TITLE & NO. :
ORIGINAL BID/RFP # & TITLE: 10082 CM/GC Services for Joe Wright Reservoir Gate
Replacement Project
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
SECTION 00960
PAYMENT APPLICATION
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:
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
Numbe Description Quantity Units
Unit
Price mount Qty. mount Qty. mount Qty. mount 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
CHANGE ORDERS PPLICATION 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
Numbe Description Quantity Units
Unit
Price mount Qty. mount Qty. mount Qty. mount 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
STORED MATERIALS
SUMMARY PAGE 4 OF 4
On Hand Received Installed On Hand
Item Invoice Previous This This This
Numbe Numbe Description pplication Period Period pplication
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$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