HomeMy WebLinkAboutRFP - 10193 Construction Services for NPT Blower Replacement ProjectREQUEST FOR PROPOSAL
10193 CONSTRUCTION SERVICES FOR NPT BLOWER REPLACEMENT PROJECT
RFP DUE: 3:00 PM MT (Mountain Time), August 1, 2025
The City of Fort Collins (City) is requesting proposals from qualified Contractors to provide
construction services at the Drake Water Reclamation Facility (DWRF) for the NPT Blower
Replacement Project. Additionally, the City is requesting construction budgetary estimates based
on the sixty percent (60%) design documents which are available upon request.
Rocky Mountain E-Purchasing System hosted by BidNet
As part of the City’s commitment to sustainability, proposals must be submitted online through
the Rocky Mountain E-Purchasing System (RMEPS) at http://www.bidnetdirect.com/colorado/city-
of-fort-collins. Note: please ensure adequate time to submit proposals through RMEPS. Proposals
not submitted by the designated Opening Date and Time will not be accepted by RMEPS.
A copy of the RFP may be obtained at http://www.bidnetdirect.com/colorado/city-of-fort-collins.
All questions should be submitted, in writing via email , to JD McCune, Senior Buyer at
jmccune@fcgov.com, no later than 3:00 PM MT on July 21, 2025. Please format your e-mail
to include: RFP 10193 Construction Services for NPT Blower 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 R ocky
Mountain E-Purchasing System webpage.
Prohibition of Unlawful Discrimination: The City of Fort Collins, in accordance with the
provisions of Title VI of the Civil Rights Act of 1964 (78 Stat. 252, 42 US.C. §§ 2000d to 2000d-
4) and the Regulations, hereby notifies all bidders that it will affirmatively ensure that any contract
entered into pursuant to this advertisement, disadvantaged business enterprises will be afforded
full and fair opportunity to submit bids in response to this invitation and will not be discriminated
against on the grounds of race, color, or national origin in consideration for an award.
The City strictly prohibits unlawful discrimination based on an individual’s gender (regardless of
gender identity or gender expression), race, color, religion, creed, national origin, ancestry, age
40 years or older, marital status, disability, sexual orientation, genetic information, or other
characteristics protected by law. For the purpose of this policy “sexual orientation” means a
person’s actual or perceived orientation toward heterosexuality, homosexuality, and bisexuality.
The City also strictly prohibits unlawful harassment in the workplace, including sexual
harassment. Further, the City strictly prohibits unlawful retaliation against a person who engages
in protected activity. Protected activity includes an employee complaining that he or she has been
discriminated against in violation of the above policy or participating in an employment
discrimination proceeding.
The City requires its 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 Contractor and their subcontractors/subconsultants at every tier.
RFP 10193 Construction Services for NPT Blower Replacement Project
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Financial Services
Purchasing Division
nd Floor
970.221.6775
970.221.6707
fcgov.com/purchasing
RFP 10193 Construction Services for NPT Blower Replacement Project
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Public Viewing Copy: The City is a governmental entity subject to the Colorado Open Records
Act, C.R.S. §§ 24-72-200.1 et seq. (“CORA”). Any proposals submitted hereunder are subject to
public disclosure by the City pursuant to CORA and City ordinances. Contractors may submit one
(1) additional complete proposal clearly marked “FOR PUBLIC VIEWING.” In this version of the
proposal, Contractors may redact text and/or data that it deems confidential or proprietary
pursuant to CORA. All pricing will be considered public records subject to disclosure under CORA
and as such pricing cannot be redacted from the “FOR PUBLIC VIEWING” version of the
proposal. Failure to provide a public viewing copy will be considered a waiver of any claim of
confidentiality under CORA without regard to how the applicant’s proposal or certain pages of the
proposal are marked confidential, proprietary, or similar. Such statement does not necessarily
exempt such documentation from public disclosure if required by CORA, by order of a court of
appropriate jurisdiction, or other applicable law. Generally, under CORA, trade secrets,
confidential commercial information and financial data information may not be disclosed by the
City. Proposals may not be marked “Confidential” or ‘Proprietary’ in their entirety. By responding
to this RFP, Contractor hereby waives any and all claims for damages against the City for the
City’s good faith compliance with CORA. All provisions and pricing of any contract resulting
from this request for proposal will be public information.
Contractor Registration: The City requires new Contractors receiving awards from the City to
submit IRS form W-9 and requires all Contractors to accept Direct Deposit (Electronic)
payment. If needed, the W-9 form and the Vendor Direct Deposit Authorization Form can be
found on the City’s Purchasing website at www.fcgov.com/purchasing under Vendor Reference
Documents. Please do not submit these documents with your proposal, however, if you take
exception to participating in Direct Deposit (Electronic) payments please clearly note such in your
proposal as an exception. The City may waive the requirement to participate in Direct Deposit
(Electronic) payments at its sole discretion.
Sales Prohibited/Conflict of Interest: No officer, employee, or member of City Council, shall
have a financial interest in the sale to the City of any real or personal property, equipment,
material, supplies or services where such officer or employee exercises directly or indirectly any
decision-making authority concerning such sale or any supervisory authority over the services to
be rendered. This rule also applies to subcontracts with the City. Soliciting or accepting any gift,
gratuity favor, entertainment, kickback or any items of monetary value from any person who has
or is seeking to do business with the City of Fort Collins is prohibited.
Collusive or Sham Proposals: Any proposal deemed to be collusive or a sham proposal will be
rejected and reported to authorities as such. Your authorized signature of this proposal assures
that such proposal is genuine and is not a collusive or sham proposal.
The City of Fort Collins reserves the right to reject any and all proposals and to waive any
irregularities or informalities.
Utilization of Award by Other Agencies: The City of Fort Collins reserves the right to allow
other state and local governmental agencies, political subdivisions, and/or school districts to
utilize the resulting award under all terms and conditions specified and upon agreement by all
parties. Usage by any other entity shall not have a negative impact on the City of Fort Collins in
the current term or in any future terms.
The selected Contractor(s) shall be required to sign the City’s Agreement prior to commencing
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services (see sample attached to this document).
Sincerely,
Gerry Paul
Purchasing Director
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I. BACKGROUND & OBJECTIVE
A. Background
The City operates and maintains two wastewater treatment facilities within the City’s
service area, for a total treatment capacity of up to 29 MGD. The larger of the two
wastewater treatment facilities is the 23 MGD Drake Water Reclamation Facility (DWRF)
with two secondary process treatment trains (North and South). Each treatment train has
a total of six aeration basin aeration zones. The four existing North Process Train (NPT)
Blowers provide up to 16,800 scfm capacity to the six NPT aeration basin zones, 12,600
scfm with one blower out of service (firm capacity).
Two of the four existing NPT Blowers are multi-stage centrifugal style; the other two are
high speed turbocompressor (Turbo) blowers. The existing Turbo blowers are no longer
supported by the manufacturer and are at the end of their useful life. Imminent
replacement is necessary in order to comply with permit requirements and continue
reliable aeration for the NPT treatment train at DWRF.
The City is currently under contract with Stantec for engineering design services of the
NPT Blower Replacement Project. The sixty percent (60%) design documents (dated
July 2025) are available upon request, via email to JD McCune at jmccune@fcgov.com.
Contractors are required to request the design documents in order to complete the
construction budgetary estimate that is required as a part of this RFP. Improvements
include in-kind replacement of two (2) 350 HP Turbo Blowers, blow-off valve
replacement, addition of blow-off air flow metering, and associated piping and valve
improvements, and associated electrical, instrumentation, and controls.
B. Objective
The City is requesting proposals to provide equipment procurement, design phase
services, and construction services for the Drake Water Reclamation (DWRF) Facility
NPT Blower Replacement Project. Additionally, the City is requesting construction
budgetary estimates based on the sixty percent (60%) percent design documents which
are available upon request, see above section for details.
Construction of this project will be executed in two phases: 1) final design review with
equipment procurement and 2) equipment installation and construction. The ultimate
construction scope of work will be completed as up to two Work Orders under a Work
Order style Agreement between the City and the awarded Contractor. The completion of
this project is subject to funding appropriation and approval by Fort Collins City Council.
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II. SCOPE OF PROPOSAL
A. Scope of Work
Contractors must submit proposals specifically tailored to work related to the NPT
Blower Replacement Project. The intention of this RFP is to select a Contractor who is:
1. Experienced and capable of performing work at a water reclamation facility;
2. Accustomed to working with specialized equipment;
3. Understands the intricacies of high speed turbocompressor blowers
Work at a water reclamation facility is unique in that it requires high levels of accuracy
and coordination, with a low tolerance for risk and mistakes. To maintain permit
compliance and continuity of treatment, facilities must remain operational. Therefore, it
is important to limit the proposals to qualified Contractors who are familiar with
construction in and around restricted industrial sites while the facility is in operation and
can understand, obtain, and follow specifications and installation instructions swiftly and
accurately. Contractors also need to be able to work together with City staff and
consulting engineers to form an effective team.
B. Minimum Qualifications
The awarded Contractor, including all Contractor employees and subcontractor
employees performing Work as defined in individual Work Orders, must pass a
background check. Contractor shall provide proof of the background check upon
request.
Contractors must have experience working around industrial facilities, specifically water
and wastewater treatment facilities. All safety practices must, at a minimum, comply with
both OSHA standards and City of Fort Collins safety practices. Contractor must be
capable of conducting work in compliance with Hazard Materials Management Plans;
Spill Prevention, Control, and Countermeasure Plans. The ability to communicate and
collaborate closely with City staff on each project is essential.
A minimum of seven (7) years of experience with construction services within
wastewater treatment facilities is required.
Additionally, firms without previous experience on projects with similar high speed
turbocompressor blowers will not be considered. Expected similar experience includes
but is not limited to:
1. Experience involving modifications to active wastewater treatment facilities 6
MGD or greater
2. Project involving installation of similar horsepower High Speed Turbocompressor
Blowers manufactured by Lone Star and/or APG Neuros
3. Demonstrated knowledge of understanding, or precision required and
sequencing for a project while the remainder of the facility is in operation
4. Experience repurposing existing concrete equipment pads
5. Understanding of electrical installation while a facility is in operation
6. Familiarity with instrumentation and controls for wastewater process equipment
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III. GENERAL INFORMATION
C. Anticipated Schedule
The following represents the City’s target schedule for the RFP. The City reserves the
right to amend the target schedule at any time.
• RFP issuance: July 10, 2025
• Question deadline: 3:00 PM MT on July 21, 2025
• Final Addendum Issued: July 25, 2025
• Proposal due date: 3:00 PM MT on August 1, 2025
• Interviews (tentative): Week of August 11, 2025
D. Interviews
In addition to submitting a written proposal, the top-rated Contractor(s) may be interviewed
by the RFP assessment team and asked to participate in an oral presentation to provide
an overview of the company, approach to the project and to address questions. The
evaluation criteria for the oral interviews will be the same as the criteria for the written
evaluations and is included in Section V.
E. Subcontractors/Subconsultants
Contractor(s) will be responsible for identifying any subcontractors and/or subconsultants
in their proposal. Please note that the City will contract solely with the awarded
Contractor(s); therefore, subcontractors and/or subconsultants will be the responsibility of
the Contractor(s).
F. Financial Qualifications (CONFIDENTIAL)
Contractors selected as finalists may be required to submit a banking reference and the
most recent financial statement (audited preferred) including balance sheet and income
statement, as well as a statement of cash flows (the “Financial Information”).
G. Current standards
All work and/or materials must meet current standards in force by recognized technical
and professional societies, trade and materials supply associations, institutes and
organizations, bureaus and testing laboratories, and national, federal, state, county, and
local laws, codes and ordinances. All Work shall be performed in accordance with
applicable ANSI, OSHA, or AWWA standards.
1. The City’s Development Construction Standards shall be followed for all projects.
The standards can be accessed via the following link:
https://www.fcgov.com/utilities/img/site_specific/uploads/water_wastewater_cons
truction_standards.pdf?1551818062
2. In addition, Contractors must adhere to the following: (for reference only do not
submit with proposal)
• Drake Water Reclamation Facility EMS Guide for Contractors attached
here to as Exhibit A and incorporated by this reference.
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3. Dust Control. The Contractor shall abide by the City of Fort Collins “Dust Control
and Prevention Manual,” which is available for public download at https://www.
fcgov.com/airquality/pdf/dust-prevention-and-control-manual.pdf, and is
incorporated herein by this reference. The City has implemented this manual for
all projects performed for the City or located within the City of Fort Collins City
limits.
Lack of compliance with these documents and standards is grounds for cancellation of
the Agreement.
H. Fees, Licenses, Permits
The successful Contractor(s) shall be responsible for obtaining any necessary licenses,
fees or permits without additional expense to the City. All vehicles and equipment shall be
properly licensed and insured, carry the appropriate permits and be placarded as required
by law.
I. Laws and Regulations
The Contractor(s) agrees to comply fully with all applicable local, State of Colorado and
Federal laws and regulations and municipal ordinances to include American Disabilities
Act (ADA). The Contractor(s) further agrees to comply fully with the Occupational Safety
and Health Act, all regulations issued there under, and all state laws and regulations
enacted and adopted pursuant thereto.
J. Invoicing and Payment
Invoices should be emailed monthly to invoices@fcgov.com with a copy to the Project
Manager. The cost of the work completed shall be paid to the Contractor each month
following the submittal of a correct invoice by the Contractor indicating the project name,
Purchase Order number, task description, hours worked, personnel/work type category,
hourly rate for each employee/work type category, date of the work performed specific to
the task, percentage of that work that has been completed by task, 3rd party supporting
documentation with the same detail and a brief progress report.
Payments will be made using the prices stated in the Work Order and Agreement. In the
event a service is requested which is not stated in the Work Order and/or Agreement, the
Contractor(s) 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. Warranty
Contractor(s) warrants all equipment, materials, labor and other work, provided under
this Master Agreement, except City-furnished materials, equipment and labor, against
defects and nonconformances in design, materials and workmanship for a period
beginning with delivery and ending twenty-four months (24) months from and after final
acceptance under the Master Agreement regardless of whether the same were furnished
or performed by Contractor(s) or by any of its subcontractors of any tier. Warranty for
installation and workmanship Upon receipt of written notice from City of any such defect
or nonconformances, the affected item or part thereof shall be redesigned, repaired or
replaced by Contractor(s) in a manner and at a time acceptable to City.
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L. Standard of Conduct
The successful Contractor(s) shall be responsible for maintaining satisfactory standards
of employees' competency, conduct, courtesy, appearance, honesty, and integrity, and
shall be responsible for taking such disciplinary action with respect to any employee, as
may be necessary.
The City may request the successful Contractor(s) to immediately remove from this
assignment any employee the City identifies to be unfit to perform duties due to one or
more of the following reasons:
1. Neglect of duty.
2. Disorderly conduct, use of abusive or offensive language, quarreling, intimidation
by words or actions or fighting.
3. Theft, vandalism, immoral conduct or any other criminal action.
4. Selling, consuming, possessing, or being under the influence of intoxicants,
including alcohol, or illegal substances while on assignment for the City.
5. Acting in an unsafe manner.
All City owned or operated facilities and their grounds are non-smoking sites. All City
parks, trails and natural areas are also non-smoking.
Agents and employees of Contractor(s) working for the City shall present a clean and
neat appearance. Prior to performing any work for the City, Contractor(s) shall require
each of their employees to wear ID badges or uniforms identifying: Contractor by name,
the first name of their employee and a photograph of their employee if using an ID
badge. Their employee shall wear or attach the ID badge to the outer garments at all
times.
M. Accident Reporting
Any incident/accident resulting in damage to property or causing personal injury within
the limits of a work site shall be immediately reported to the appropriate police agency,
other required agencies, City Representative and the City of Fort Collins Safety and Risk
Management Department.
The Contractor shall immediately contact the City Representative when damage to an
underground facility is identified. If a natural or propane gas line is damaged, the
Contractor must call 911 prior to notifying the City Representative. The Contractor shall
not backfill around the underground utility line until the City Representative has repaired
the damage and has given clearance to backfill. The City will not pay the Contractor for
labor, vehicles, material, or equipment or any other cost associated with the repair to any
at-fault damage. Failure to comply may result in a verbal warning, suspension of the
crew, loss of work, and/or termination of the Master Agreement.
N. Safety Practices, Safety Documentation and Training
Contractor(s) shall comply with all engineering, safety, and operating requirements
concerning installation of equipment in, on or around utility facilities; obtaining access
facilities; and adhering to operating rules and requirements involving safe contact with
utility equipment and water, gas and power lines, and confined spaces. Contractor(s)
shall adopt Utility's minimum safety standards as the baseline requirements.
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O. Unsatisfactory Operations
Should it be necessary to halt the work because of incorrect or unsatisfactory operations
under the terms of the awarded contract or because of failure to follow safety standards
applicable hereto, the Contractor must take immediate steps to remedy the deficiencies.
Should repair or correction of any safety defect or deficiency not be immediately
undertaken and should the City be required to protect the site or make the repair or
correction, the cost of such work shall be deducted from payment due to the
Contractor(s).
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IV. PROPOSAL SUBMITTAL
Please limit the total length of your proposal to a maximum of twenty (20) 8 ½ x 11” pages
(excluding cover pages, table of contents, dividers, Resumes and Acknowledgement form).
Font shall be a minimum of 10 Arial and margins are limited to no less than .5” for sides and
top/bottom. Extended page sizes, such as 11” x 17”, count as a single page and may be used
for detailed pricing. Links to other files or websites shall not be permitted. Proposals that do
not conform to these requirements may be rejected.
Contractors are required to provide detailed written responses to the following items in the
order outlined below. The responses shall be considered technical offers of what Contractor
propose to provide and shall be incorporated in the contract award as deemed appropriate by
the City. A proposal that does not include all the information required may be deemed non-
responsive and subject to rejection.
Responses must include all the items in the order listed below. It is suggested that the
Contractor include each of the City’s questions with their response.
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 Schedule section.
B. Contractor Information
1. Describe the Contractor’s business and background to include an overview of services
offered and qualifications
2. Number of years in the business
3. Details about ownership
4. Size of the Contractors firm
5. Location(s) of offices. If multiple, please identify which will be the primary for our
account.
6. Primary contact information for the company including contact name(s) and title(s),
phone number(s), and email address(s).
C. Scope of Proposal
1. Provide a detailed narrative of the services proposed if awarded the contract per the
scope above. The narrative should include any options that may be beneficial for the
City to consider.
2. Provide a Budgetary construction estimate based upon the sixty percent (60%) design
documents provided in this RFP.
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3. Describe the Contractors typical approach to delivering services at water reclamation
facilities which must contain continuity of operations without disruption of services
and/or additional coordination with operations and maintenance staff.
4. Describe the methods and timeline of communication the Contractor will use with the
City’s Project Manager and other parties.
5. Describe the scheduling software the Contractor typically uses for sequencing tasks
and scheduling materials and equipment.
6. Describe the way in which the Contractor develops and maintains project schedules
for projects. Please also address how the Contractor works to overcome
challenges.
7. Provide details on the Contractor’s commitment to quality and attention to detail.
Explain the processes your team will use to ensure delivery of a high quality
finished product.
8. Include a description of the software and other analysis tools utilized for project cost
estimation.
9. Identify what types of work and services, if any, may be subcontracted.
D. Contractor Capability and Assigned Personnel
Provide relevant information regarding previous experience related to this or similar
projects, to include the following:
1. Provide an Organization Chart/Proposed Project Team: An organization chart
containing the names of all key personnel and subconsultants with titles, years of
relevant experience, and their specific task assignment for this Agreement shall also
be provided in this section. Resumes shall be limited to one (1) page each.
2. References. Provide a minimum of three (3) similar projects with public agencies in
the last 5 years (not to include the City of Fort Collins). Include the owner’s name, title
of project, beginning price, ending price, contact name, email and phone number,
subconsultants on the team and a brief description of the work and any change orders.
The Contractor authorizes the City to verify any and all information contained herein
and hereby releases all those concerned providing information as a reference from
any liability in connection with any information provided.
3. Provide any information that distinguishes the Contractor from its competition and any
additional information applicable to this RFP that might be valuable in assessing
Contractor’s proposal.
E. 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,
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environmental, and economic) of Triple Bottom Line (TBL) sustainable practices
into the workplace. Provide examples along with any metrics used to measure
success within your firm.
2. Also provide examples of how your firm has incorporated all three aspects of TBL
sustainable practices in previous similar projects on which your firm has been the
prime Contractor.
Some examples are provided below:
a. Environmental – Experience delivering projects / programs focused on
environmental health priorities in the areas of climate resiliency, water quality
and watershed protection, regulatory performance, management systems,
air quality, renewable energy, sustainable building and design, construction
materials management, and solid waste reduction.
b. Economic – Experience working and delivering projects with an emphasis
on strategic financial planning, job creation, business development, asset
management, various project delivery methods, value engineering, regional
partnerships, transparency, stakeholder engagement, strategic investments,
aging infrastructure, repurposing of existing facilities, and competing
financial priorities.
c. Social - Experience working and delivering projects, programs, and/or
initiatives that support Equity, Diversity, and Inclusion throughout your firm’s
workplace, including leadership, and supply chain. Examples of this may be
demonstration of working within cultural and language gaps, development of
diversity programs, diverse project teams, equitable opportunity vendor
supply chain, and how your firm has applied an equity lens to processes
such as recruitment, hiring, purchasing, career pathways, salaries, and staff
engagement.
F. Pricing
In your response to this proposal, please provide the following:
I. Rate Schedule: Provide a schedule of billing rates by category of employee and
job title and equipment to be used. Standard operating hours are expected to be
between 7:00 AM MT and 5:00 PM MT. During this time period overtime rates will
not apply. Rate schedule(s) for subcontractors if used, shall be included with the
same detail. This Rate Schedule will be firm for at least one (1) year from the date
of the Master Agreement.
II. Budgetary construction estimate based upon the sixty percent (60%) drawing set.
G. Safety
Contractor(s) safety record will be evaluated by the evaluation team as an element of
determining whether the Contractor(s) is responsible. Contractor(s) who's safety record
is judged to be unacceptable, above 1.0 for Experience Modification Rating (EMR) and
5.0 for Total Recordable Incident Rate (TRIR), may be deemed ineligible to be
considered for an award at the City’s sole discretion. For Contractor(s) with an EMR
greater than 1.0 and/or a TRIR greater than 5.0, a proposal may still be submitted for
consideration.
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Contractor(s) shall complete the attached Contractor Safety Form attached hereto as
Exhibit B and incorporated by this reference
H. Sample Agreement
Included with this request for proposals is a sample Agreement that the City intends to
use for obtaining the services of the Contractor, Section VII. The Contractor is required to
review this Agreement and indicate any objections to the terms of the contract. If revisions
to the contractual terms are requested, provide suggested revisions.
I. Acknowledgement
The Acknowledgement form is attached as Section VI. Complete the attached form
indicating the Contractor hereby acknowledges receipt of the City of Fort Collins Request
for Proposal and acknowledges that the Contractor has read and agrees to be fully bound
by all of the terms, conditions and other provisions set forth in the RFP.
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V. REVIEW AND ASSESSMENT CRITERIA
A. Proposal and Interview Criteria
Contractors will be evaluated on the following criteria. This set of criteria will be the basis
for review and assessment of the written proposals and optional interview session. At the
discretion of the City, interviews of the top-rated Contractors may be conducted.
The rating scale shall be from 1 to 10, a rating of 1 doesn’t meet minimum requirements,
a rating of 5 means the category fulfills the minimum requirements, and 10 exceeds
minimum requirements in that category.
NUMBER
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VI. ACKNOWLEDGEMENT
This form may not be redlined and must be submitted with your proposal. Failure to adhere
to these requirements may result in your proposal being rejected.
Contractor hereby acknowledges receipt of the City of Fort Collins Request for Proposal and
acknowledges that it has read and agrees to be fully bound by all of the terms, conditions and
other provisions set forth in the RFP 10193 Construction Services for NPT Blower
Replacement Project and sample Agreement except as otherwise noted. Additionally,
Contractor hereby makes the following representations to City:
a. All of the statements and representations made in this proposal are true to the best of the
Contractor’s knowledge and belief.
b. Contractor commits that it is able to meet the terms provided in this proposal.
c. This proposal is a firm and binding offer, for a period of 90 days from the date hereof.
d. Contractor further agrees that the method of award is acceptable.
e. Contractor also agrees to complete the proposed Agreement with the City of Fort Collins
within 10 days of notice of award. If contract is not completed and signed within 10 days,
City reserves the right to cancel and award to the next highest rated firm.
f. Contractor acknowledges receipt of addenda.
g. Contractor acknowledges no conflict of interest.
h. Contractor 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. Contractors may submit one (1) additional complete proposal clearly marked
“FOR PUBLIC VIEWING.” In this version of the proposal, Contractors may redact text
and/or data that it deems confidential or proprietary pursuant to CORA. All pricing will be
considered public records subject to disclosure under CORA and as such pricing cannot
be redacted from the “FOR PUBLIC VIEWING” version of the proposal. Failure to provide
a public viewing copy will be considered a waiver of any claim of confidentiality under
CORA without regard to how the applicant’s proposal or certain pages of the proposal are
marked confidential, proprietary, or similar. Such statement does not necessarily exempt
such documentation from public disclosure if required by CORA, by order of a court of
appropriate jurisdiction, or other applicable law. Generally, under CORA, trade secrets,
confidential commercial information and financial data information may not be disclosed
by the City. Proposals may not be marked “Confidential” or ‘Proprietary’ in their
entirety. By responding to this RFP, Contractors hereby waives any and all claims for
damages against the City for the City’s good faith compliance with CORA. All provisions
and pricing of any contract resulting from this request for proposal will be public
information.
Legal Firm Name:
Physical Address:
Remit to Address:
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Phone:
Name of Authorized Agent of Firm:
Signature of Authorized Agent:
Email of Authorized Agent:
Primary Contact for Project:
Title: Email Address:
Phone: Cell Phone:
NOTE: ACKNOWLEDGEMENT IS TO BE SIGNED & RETURNED WITH YOUR PROPOSAL.
(Remainder of Page Left Intentionally Blank)
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VII. SAMPLE AGREEMENT (DO NOT SIGN, FOR REVIEW ONLY)
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 "Contractor".
WITNESSETH:
In consideration of the mutual covenants and obligations herein expressed, it is agreed by
and between the parties hereto as follows:
1. Services to be Performed.
a. This Agreement shall constitute the basic agreement between the parties for .
The conditions set forth herein shall apply to all services performed by the Contractor
on behalf of the City and particularly described in Work Orders agreed upon in writing
by the parties from time to time. Such Work Orders, samples of which are attached
hereto as Exhibit A & B, consisting of two (2) and ( ) pages and
incorporated herein by this reference, shall include a description of the services to be
performed, the location and time for performance, the amount of payment, any
materials to be supplied by the City and any other special circumstances relating to
the performance of services. A general scope of services is attached hereto as Exhibit
, consisting of ( ) pages, and incorporated herein by this reference.
The only services authorized under this Agreement are those which are performed
after receipt of such Work Order, except in emergency circumstances where oral work
requests may be issued. Oral requests for emergency actions will be confirmed by
issuance of a written Work Order within two (2) working days. Irrespective of
references in Exhibit A & B to certain named third parties, Contractor shall be solely
responsible for performance of all duties hereunder.
b. The City may, at any time during the term of a particular Work Order and without
invalidating such Work Order, make changes to the scope of the particular services.
Such changes shall be agreed upon in writing by the parties by Change Order, a
sample of which is attached hereto as Exhibit C, consisting of ( ) page(s),
and incorporated herein by this reference.
2. Changes in the Work. The City reserves the right to independently bid any services rather
than issuing work to the Contractor pursuant to this Agreement. Nothing within this
Agreement shall obligate the City to have any particular service performed by the
Contractor.
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
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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 ( ) additional one year periods. Renewals and pricing changes shall be
negotiated by and agreed to by both parties only at the time of renewal. Written notice of
renewal shall be provided to the Contractor 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 Contractor 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 Contractor. 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:
Contractor: City: Copy to:
Attn:
email address
Attn:
PO Box 580
Fort Collins, CO 80522
email address
Attn: Purchasing Dept.
PO Box 580
Fort Collins, CO 80522
email address
In the event of early termination by the City, the Contractor shall be paid for services
rendered to the date of termination, subject only to the satisfactory performance of the
Contractor's obligations under this Agreement. Contractor 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 Contractor'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.
8. Payments.
a. The City agrees to pay and the Contractor agrees to accept as full payment for all work
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done and all materials furnished and for all costs and expenses incurred in performance
of the work the sums set forth for the hourly labor rate and material costs, with markups,
stated within the Bid Schedule Proposal Form, attached hereto as Exhibit ,
consisting of ( ) pages, and incorporated herein by this reference.
b. Invoices shall be emailed to invoices@fcgov.com with a copy to the Project Manager. The
cost of the work completed shall be paid to the Contractor following the submittal of a
correct itemized invoice by the Contractor. Payment shall be made by the City only
upon acceptance of the work by the City and upon the Contractor 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
Contractor 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. Contractor may not subcontract any of the Work set forth
in the subsequent Work Orders without the prior written consent of the city, which shall not
be unreasonably withheld. If any of the Work is subcontracted hereunder (with the consent
of the City), then the following provisions shall apply: (a) the subcontractor/subconsultant
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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 Contractor.
14. Personal Services. It is understood that the City enters into the Agreement based on the
special abilities of the Contractor and that this Agreement shall be considered as an
agreement for personal services. Accordingly, the Contractor 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. Contractor 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. Contractor warrants all equipment, materials, labor and other work, provided under this
Agreement, except City-furnished materials, equipment and labor, against defects and
nonconformances in design, materials and workmanship/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 Contractor 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 Contractor 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
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;
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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 Contractor 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 Contractor shall take all necessary precautions in performing the work hereunder
to prevent injury to persons and property.
c. Without limiting any of the Contractor's obligations hereunder, the Contractor shall
provide and maintain insurance coverage naming the City as an additional insured under
this Agreement of the type and with the limits specified within Exhibit , consisting
of ( ) page(s), attached hereto, and incorporated herein by this reference.
The Contractor before commencing services hereunder shall deliver to the City's
Purchasing Director, purchasing@fcgov.com, P. O. Box 580, Fort Collins, Colorado
80522 one copy of a certificate evidencing the insurance coverage required from an
insurance company acceptable to the city.
21. Law/Severability. The laws of the State of Colorado shall govern the construction,
interpretation, execution, and enforcement of this Agreement. The Parties further agree that
Larimer County District Court is the proper venue for all disputes. If the City subsequently
agrees in writing that the matter may be heard in federal court, venue will be in Denver
District Court. In the event any provision of this Agreement shall be held invalid or
unenforceable by any court of competent jurisdiction, such holding shall not invalidate or
render unenforceable any other provision of this Agreement.
22. Governmental Immunity Act. No term or condition of this Agreement shall be construed or
interpreted as a waiver, express or implied, of any of the notices, requirements, immunities,
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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 Contractor shall abide by the City of Fort Collins “Dust Control and
Prevention Manual,” which is available for public download at
https://www.fcgov.com/airquality/pdf/dust-prevention-and-control-manual.pdf, and is
incorporated herein by this reference. 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 - Confidentiality, consisting of
( ) page(s), and Exhibit , Section 00700 General Conditions consisting of
fifty-three (53) pages.
[Signature Page Follows]
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THE CITY OF FORT COLLINS, COLORADO
By:
Gerry Paul
Purchasing Director
Date:
ATTEST:
APPROVED AS TO FORM:
CONTRACTOR'S NAME
By:
Printed:
Title:
Date:
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RFP/BID [# and Title] Page 8 of 102
EXHIBIT A
WORK ORDER FORM (Short form)
PURSUANT TO A MASTER AGREEMENT BETWEEN
THE CITY OF FORT COLLINS
AND
CONTRACTOR'S NAME
WORK ORDER NUMBER: PM's Tracking #
PROJECT TITLE:
ORIGINAL BID/RFP NUMBER & NAME: RFP 10135 Construction Services for Water
and Wastewater Facilities
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:
Contractor 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.
CONTRACTOR: 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 $100,000)
CONSTRUCTION WORK ORDER
FOR
RFP 10135 CONSTRUCTION SERVICES FOR
WATER AND WASTEWATER TREATMENT
FACILITIES
WORK ORDER NO.
TITLED
(WORK ORDER TITLE)
DATE:
CONTRACTOR:
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TABLE OF CONTENTS
AGREEMENT FORMS
00525 Work Order & Notice of Award
00530 Work Order Notice to Proceed
00600 Bonds and Certificates
00610 Performance Bond
00615 Payment Bond
00630 Certificate of Insurance
00635 Certificate of Substantial Completion
00640 Certificate of Final Acceptance
00650 Lien Waiver Release (Contractor)
00660 Consent of Surety
00670 Application for Exemption Certificate
CONDITIONS OF THE CONTRACT
00700 General Conditions
Exhibit GC-A GC-A1 - GC-A2
00800 Supplementary Conditions
00900 Addenda, Modifications and Payment
00950 Work Order Change Order Form
00960 Application for Payment
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SECTION 00500
CONSTRUCTION WORK ORDER AGREEMENT FORMS
00525 Work Order, Notice of Award & Bid Schedule
00530 Work Order Notice to Proceed
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SECTION 00525
WORK ORDER, NOTICE OF AWARD AND BID SCHEDULE
TO (CONTRACTOR):
WORK ORDER # & TITLE:
PURCHASE ORDER:
ORIGINAL BID/RFP # & TITLE: 10135 Construction Services for Water and
Wastewater Treatment Facilities
ENGINEER:
OWNER’S REPRESENTATIVE:
NOTICE OF AWARD DATE:
OWNER: City of Fort Collins (hereinafter referred to as OWNER)
1. WORK. You are hereby notified that your bid dated , for the above Work Order has
been considered. Pursuant to your AGREEMENT with OWNER dated , you have
been awarded a Work Order for this Work Order Description:
A. See Section 01100 – Summary of Work.
2. CONTRACT PRICE, BONDS AND CERTIFICATES. The price of your Work Order is
($ ). Pursuant to the AGREEMENT and the Contract Documents, Performance
and Payment Bonds and insurance are required.
3. CONTRACT TIMES. Pursuant to the AGREEMENT and the Contract Documents, the date
for Substantial Completion of this Work Order is , and after Substantial Completion,
the date for Final Completion is .
4. LIQUIDATED DAMAGES. OWNER and CONTRACTOR recognize that time is of the
essence of this Agreement and that OWNER will suffer financial loss if the Work is not
completed within the times specified in paragraph 3 above, plus any extensions thereof
allowed in accordance with Article 12 of the General Conditions. They also recognize the
delays, expenses and difficulties involved in proving in a legal proceeding the actual loss
suffered by OWNER if the Work is not completed on time. Accordingly instead of requiring
any such proof, OWNER and CONTRACTOR agree that as liquidated damages for delay
(but not as penalty) CONTACTOR shall pay OWNER the amounts set forth hereafter.
1. Substantial Completion: ($ ) for each calendar day or fraction
thereof that expires after until the work is Substantially Complete.
2. Final Acceptance: After Substantial Completion ($ ) for each
calendar day or fraction thereof that expires after the period for Final
Payment and Acceptance until the Work is ready for Final Payment and
Acceptance.
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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.
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.
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6.3 CONTRACTOR has obtained and carefully studied (or assumes
responsibility for obtaining and carefully studying) all such examinations,
investigations, explorations, tests, reports, and studies (in addition to or to
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
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7.3 Drawings, consisting of a cover sheet and sheets numbered as follows:
The Contract Drawings shall be stamped "Final for Construction" and
dated. Any revisions made shall be clearly identified and dated.
7.4 The Contract Documents also include all written amendments and other
documents amending, modifying, or supplementing the Contract
Documents pursuant to paragraphs 3.5 and 3.6 of the General Conditions.
7.5 There are no Contract Documents other than those listed or incorporated
by reference in this Article 7. The Contract Documents may only be
amended, modified or supplemented as provided in paragraphs 3.5 and 3.6
of the General Conditions.
8. MISCELLANEOUS
8.1. Terms used in this Agreement which are defined in Article I of the General
Conditions shall have the meanings indicated in the General Conditions.
8.2. No assignment by a party hereto of any rights under or interests in the
Contract Documents will be binding on another party hereto without the
written consent of the party sought to be bound; and specifically but not
without limitations, moneys that may become due and moneys that are due
may not be assigned without such consent (except to the extent that the
effect of this restriction may be limited by law), and unless specifically
stated to the contrary in any written consent to an assignment no
assignment will release or discharge that assignor from any duty or
responsibility under the Contract Document.
8.3. OWNER and 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.
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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.
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: _____
, Project 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: __________
Services Agreement – Work Order Type
RFP/BID [# and Title] Page 18 of 102
BID SCHEDULE
Services Agreement – Work Order Type
RFP/BID [# and Title] Page 2 of 102
SECTION 00530
WORK ORDER NOTICE TO PROCEED
NOTICE TO PROCEED DATE:
WORK ORDER TITLE:
WORK ORDER NUMBER:
ORIGINAL BID/RFP # & TITLE: RFP 10135 Construction Services for Water and
Wastewater Treatment Facilities
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: ___________________________________________
___________________________________________
Services Agreement – Work Order Type
RFP/BID [# and Title] Page 3 of 102
Name & Title
Services Agreement – Work Order Type
RFP/BID [# and Title] Page 4 of 102
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
Services Agreement – Work Order Type
RFP/BID [# and Title] Page 5 of 102
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 10135
Construction Services for Water and Wastewater Treatment Facilities 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.
Services Agreement – Work Order Type
RFP/BID [# and Title] Page 6 of 102
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.
Services Agreement – Work Order Type
RFP/BID [# and Title] Page 7 of 102
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 10135
Construction Services for Water and Wastewater Treatment Facilities, 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.
Services Agreement – Work Order Type
RFP/BID [# and Title] Page 8 of 102
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.
Services Agreement – Work Order Type
RFP/BID [# and Title] Page 9 of 102
SECTION 00630
CERTIFICATE OF INSURANCE
CONTRACTOR shall insert his own standard form for Certificate of Insurance in
accordance with the following:
1. The Contractor will provide, from insurance companies acceptable to the City, the
insurance coverage designated hereinafter and pay all costs. Before commencing work
under this bid, the Contractor shall furnish the City with certificates of insurance showing
the type, amount, class of operations covered, effective dates and date of expiration of
policies, and containing substantially the following statement:
“The insurance evidenced by this Certificate will not reduce coverage or limits and
will not be cancelled, except after thirty (30) days written notice has been received
by the City of Fort Collins.”
In case of the breach of any provision of the Insurance Requirements, the City, at its
option, may take out and maintain, at the expense of the Contractor, such insurance as
the City may deem proper and may deduct the cost of such insurance from any monies
which may be due or become due the Contractor under this Agreement. The City, its
officers, agents and employees shall be named as additional insureds on the
Contractor’s general liability and automobile liability insurance policies for any claims
arising out of work performed under this Agreement.
2. Insurance coverages shall be as follows:
A. Workers' Compensation & Employer's Liability. The Contractor shall maintain
during the life of this Agreement for all of the Contractor's employees engaged in
work performed under this agreement:
1. Workers' Compensation insurance with statutory limits as required by
Colorado law.
2. Employer's Liability insurance with limits of $100,000 per accident,
$500,000 disease aggregate, and $100,000 disease each employee.
B. Commercial General & Vehicle Liability. The Contractor shall maintain during the
life of this Agreement such commercial general liability and automobile liability
insurance as will provide coverage for damage claims of personal injury, including
accidental death, as well as for claims for property damage, which may arise
directly or indirectly from the performance of work under this Agreement.
Coverage for property damage shall be on a "broad form" basis. The amount of
insurance for each coverage, Commercial General and Vehicle, shall not be less
than $1,000,000 combined single limits for bodily injury and property damage.
In the event any work is performed by a subcontractor, the Contractor shall be
responsible for any liability directly or indirectly arising out of the work performed
under this Agreement by a subcontractor, which liability is not covered by the
subcontractor's insurance.
SECTION 00635
CERTIFICATE OF SUBSTANTIAL COMPLETION
TO: CITY OF FORT COLLINS (OWNER) WORK ORDER # & TITLE:
DATE OF SUBSTANTIAL COMPLETION: ORIGINAL BID/RFP # & TITLE :10135
Construction Services for Water and
Wastewater Treatment Facilities
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 10135 Construction Services for Water and Wastewater
Treatment Facilities.
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: 10135 Construction Services for Water and Wastewater
Treatment Facilities
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: 10135 Construction Services for Water and Wastewater
Treatment Facilities
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, Rev. 9/94) and other provisions of the Contract Documents as indicated below.
SC-1 DEFINITIONS
SC-1.38. Add the following language to the conclusion of paragraph 1.38 of the General
Conditions:
1.38. Substantial Completion. .... Substantial Completion is further defined as that
degree of completion of the operating facilities or systems of the Project defined in the
Work Order sufficient to provide the OWNER the full time, uninterrupted, continuous,
beneficial operation of the modifications, and all inspections required have been
completed and identified conditions corrected.
SC-1.43.A. Add the following new paragraph immediately after paragraph 1.43 of the General
Conditions:
1.43.A. Work Order--A written document executed by OWNER and
CONTRACTOR that provides for the construction of a portion of the Work, pursuant
to the Agreement and all as required by the Contract Documents, and that becomes a
Contract Document when executed.
SC-2 PRELIMINARY MATTERS
SC-2.8. Delete paragraph 2.8 of the General Conditions entirely and replace it with the
following paragraph:
2.8. Preconstruction Conference. Within ten days after the Contract Times
for a Work Order start to run, but before any Work at the site is started, a conference
attended by CONTRACTOR, ENGINEER and others as appropriate will be held to
establish a working relationship among the parties as to the Work and to discuss the
schedules referred to in paragraph 2.6, procedures for handling Shop Drawings and
other submittals, processing Applications for Payment, and maintaining required
records.
SC-2.10. Add the following new paragraph immediately after paragraph 2.9 of the General
Conditions:
2.10. Work Order Required for All Work. References to the Agreement in this
Article 2 and in the General and Supplementary Conditions and Contract Documents
notwithstanding, no Work shall be initiated or performed until CONTRACTOR has
received a signed and executed Work Order, incorporating the Notice to Proceed, from
OWNER; and no provision of this Article 2 or of the General and Supplementary
Conditions and Contract Documents shall permit or require any action of
CONTRACTOR in the absence of a signed and executed Work Order. All provisions
of this Article 2 and of the General and Supplementary Conditions and Contract
Documents referencing the Agreement or other parts of the Contract Documents, or
permitting or requiring any action of CONTRACTOR, shall be read as referencing and,
as appropriate, requiring a signed and executed Work Order.
SC-4 AVAILABILITY OF LANDS; SUBSURFACE AND PHYSICAL CONDITIONS;
REFERENCE POINTS
SC-4.2.1.2. Add the following new paragraph immediately following paragraph 4.2.1.2 of the
General Conditions:
4.2.1.2.1. No drawing of physical conditions in or relating to existing surface or
subsurface structures (except Underground Facilities referred to in paragraph 4.3)
which are at or contiguous to the site have been utilized by the Engineer in preparation
of the Contract Documents, except the following:
SC-5 BONDS AND INSURANCE
SC-5.4.7. Include the following parties or entities as additional insureds, as provided in
paragraph 5.4.7 of the General Conditions:
5.4.7.1. City of Fort Collins, Colorado, 4316 LaPorte Avenue, Fort Collins, Colorado
80522
5.4.7.2. .
SC-5.4.8.1. Add the following new paragraph immediately following paragraph 5.4.8 of the
General Conditions:
9.4.8.1. Limits of Liability. The limits of liability for the insurance required by the
paragraph numbers of the General Conditions listed below are as follows:
For Paragraphs 5.02.A.1 and 5.02.A.2: Coverage A - Statutory Limits; Coverage B -
$100,000 / $100,000 / $500,000.
For Paragraphs 5.02.A.3 and 5.02.A.5: The Commercial General Liability policy will
have limits of $1,000,000 combined single limits (CSL). This policy will include
coverage for Explosion, Collapse, and Underground coverage unless waived by the
Owner.
For Paragraph 5.02.A.6: The Comprehensive Automobile Liability Insurance policy
will have limits of $1,000,000 combined single limits (CSL).
For Paragraph 5.02.B.3: This policy will include completed operations coverage /
product liability coverage with limits of $1,000,000 combined single limits (CSL). This
policy shall also include an Umbrella Excess Liability as follows: General liability and
automobile liability insurance in an amount not less than $1,000,000 per occurrence
in excess of the above stated primary limits.
SC-6 CONTRACTOR’S RESPONSIBILITIES
SC-6.14.3. Add the following new paragraph immediately after paragraph 6.14.2 of the
General Conditions:
6.14.3. The following Laws or Regulations are included in the Contract Documents
as mandated by statute or for the convenience of the CONTRACTOR. Other Laws
and Regulations apply which are not included herein, and are within the
CONTRACTOR's duty and responsibility for compliance thereto:
6.14.3.1. Notice to owners of Underground Facilities is required prior to excavations in
the vicinity of such facilities.
6.14.3.2. Unless otherwise decided by reason of the amount of the Contract Price
involved, or other good reason, before or at the time that the contract is awarded to a
corporation outside the State of Colorado, such corporation must carry out the proper
procedure to become authorized to do business in the State of Colorado, designate a
place of business therein, and appoint an agent for service of process.
Such corporation must furnish the OWNER with a certificate from the Secretary of
State of Colorado has been issued by its office and there shall also be procured from
the Colorado Secretary of State of photostatic or certified copy of the designated of
place of business and appointment of agent for service of process, or a letter from the
Colorado Secretary of State that such designation of place of business and agent for
service of process have been made.
6.14.3.3. The CONTRACTOR must conform to the rules and regulations of the
Industrial Commission of Colorado. Particular reference is made to rules and
regulations governing excavation Work adopted by the Industrial Commission of
Colorado.
SC-11 CHANGE OF CONTRACT PRICE
SC-11.6.2.7. Add the following new paragraph to paragraph 11.6.2 of the General Conditions:
11.6.2.7. Cost of the Work. Allowances for profit, overhead and mark-up prescribed
by Article 4 of the Agreement shall be used in lieu of any CONTRACTOR'S fee,
overhead, profit or mark-up allowances as prescribed in paragraphs 11.6.2.1, 11.6.2.2,
and 11.6.2.3.
SC-12 CHANGE OF CONTRACT TIMES
SC-12.3. Add the following language to the end of paragraph 12.3 of the General Conditions:
12.3. .... Lost days due to abnormal weather conditions will be allocated as
required.
SC-14 PAYMENTS TO CONTRACTOR AND COMPLETION
SC-14.1. Add the following language to the end of paragraph 14.1 of the General Conditions:
14.1. Schedule of Values. .... Progress payments on the fixed fee shall be in
proportion to the cumulative actual Cost of the Work as a percentage of the Allowable
Cost of the Work. An amount not to exceed fifteen (15%) percent of the fixed fee shall
be advanced to the Contractor for mobilization in the first progress payment.
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:
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