HomeMy WebLinkAboutRFP - 10236 Electrical Contractor Services for City of Fort Collins Light & PowerRFP 10236 Electrical Services Contractor City of Fort Collins Light & Power
Financial Services
Purchasing Division
215 N. Mason St. 2nd Floor
PO Box 580
Fort Collins, CO 80522
970.221.6775
970.221.6707
fcgov.com/purchasing
REQUEST FOR PROPOSAL
10236 ELECTRICAL SERVICES CONTRACTOR FOR CITY OF FORT COLLINS LIGHT
& POWER
RFP DUE: 3:00 PM MT (Mountain Time), November 17, 2025
The City of Fort Collins (City), on behalf of the Light & Power (L&P) division, is requesting proposals
from qualified electrical Contractors to provide electric services for L&P neighborhood conversions,
annexations, electric system improvement projects and emergency meter enclosure change outs. It is
the intent of the City to award contracts to multiple qualified Contractors under this Request for
Proposal (RFP).
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 must be submitted via email to JD McCune, Senior Buyer at
jmccune@fcgov.com no later than 3:00 PM MT on November 3, 2025. Please format your e-mail
to include: RFP 10236 Electrical Services Contractor for City of Fort Collins Light & Power in the
subject line. Questions received after this deadline may not be answered. Responses to all
questions submitted before the deadline will be addressed in an addendum and posted on the
Rocky Mountain E-Purchasing System webpage.
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
RFP 10236 Electrical Services Contractor City of Fort Collins Light & Power
and to prohibit unlawful discrimination, harassment and retaliation. This requirement applies to
all third-party Contractor and their subcontractors/subconsultants at every tier.
Public Viewing Copy: The City is a governmental entity subject to the Colorado Open Records
Act, C.R.S. §§ 24-72-200.1 et seq. (“CORA”). Any proposals submitted hereunder are subject to
public disclosure by the City pursuant to CORA and City ordinances. 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.
RFP 10236 Electrical Services Contractor City of Fort Collins Light & Power
The selected Contractor(s) shall be required to sign the City’s Agreement prior to commencing
services (see sample attached to this document).
Sincerely,
Gerry Paul
Purchasing Director
RFP 10236 Electrical Services Contractor City of Fort Collins Light & Power
I. BACKGROUND & OBJECTIVE
A. Background
The City of Fort Collins (City) is a vibrant community of approximately 175,000 people located
65 miles north of Denver, at the base of the foothills of the Rocky Mountains. The City is 57
square miles in size and is the northern extension of the “Colorado Front Range” urban corridor.
The City’s population includes over 37,000 college students.
The City of Fort Collins Light & Power (L&P) division designs and operates the City’s electric
infrastructure to homes and businesses. L&P covers approximately 55 square miles with 99%
underground and approximately 1,851 miles of distribution lines.
Areas of the City have electric infrastructure installed in the rear lot of neighborhood subdivisions
with infrastructure that is approaching the end of its service lifespan. L&P re-installs the new
electric infrastructure in the front lot for operation and maintenance purposes.
When L&P annexes a territory that has existing overhead power lines, the Citys normal
procedure is to immediately underground the electric system as the City takes over the service
from PVREA or Xcel.
B. Objective
The City of Fort Collins is requesting proposals from qualified electrical Contractors to
provide electric services for L&P on an as-needed basis for neighborhood conversions,
annexations, electric system improvement projects and emergency meter enclosure
change outs.
It is anticipated that the primary use of these services will be in the areas of minor and
major capital improvements, replacement maintenance, emergency repair services and
other general electrical services related to L&P’s electric services.
The City intends to award contracts to multiple qualified Contractors under this Request
for Proposal (RFP).
This RFP will be used as the basis for awarded Contractors to be included in a pool of
Contractor’s qualified to bid on services in support of projects up to one million dollars
($1,000,000). As projects are identified, awarded Contractors will have the opportunity to
bid on such projects.
The City makes no guarantee as to the number of projects that may be awarded as a
result of this RFP and intends to award to multiple qualified Contractors.
RFP 10236 Electrical Services Contractor City of Fort Collins Light & Power
II. SCOPE OF PROPOSAL
A. Scope of Work
The City is seeking Contractors to support a range of electrical services and projects. During the
term of this contract, the City may have projects that are scheduled and pre‐arranged, but there
may also be unanticipated and emergency requests needing immediate response. Some
potential projects may include, but are not limited to the following:
• Backyard to front or overhead to underground conversions: These projects require
walking the project to create a plan to either re-feed the electric meter or move the electric
meter from the backyard pedestal to the house. This involves coordinating and
communicating the project to the customer. If the meter location moves, this will require
a new feeder to the breaker panel. In Most cases, L&P will need the Contractor to contact
each homeowner and locate their breaker panel within the building and create a plan to
re-feed the breaker panel. Meter enclosure change outs are commonly needed if the
existing enclosure is not up to current Electric Service Standards. This work is not limited
to residential, commercial customers also fall into this Scope of Work.
• Emergency electric meter change outs: This service is most often needed when L&P’s
service conduit and wire has settled and creates the need for an immediate meter
enclosure changeout.
• Investigating customer electrical equipment: On occasion, L&P changes customer
source voltage from a delta configuration to wye. This Scope entails verification that
existing equipment is rated for the conversion. Contractors may need to remove illegal
taps from the meters.
Contractors may occasionally be required to perform emergency work on weekends and outside
normal business hours of 7:00 am to 5:00pm, Monday through Friday.
Meters are supplied by the City. All other items are to be supplied by the Contractor.
Contractor shall furnish all equipment (ladders, test equipment, backhoes, etc.) required to
perform the work safely and shall not utilize any City equipment.
The City’s intent is to streamline the award of individual projects by utilizing this contract;
however, this does not eliminate the right for City to use an informal or formal bid process on
specific projects when the City's deems it is in its best interest to do so.
B. Minimum Qualifications
• Contractor must be a licensed master electrician and hold a contractor’s license registered
with the State of Colorado.
• Those performing work must be a licensed Apprentice, Residential Wireman, or
Journeyman at minimum and a licensed Journeyman must always be on site if an
Apprentice is performing work, per the regulations of State and local requirements.
• Firm must have a minimum of eight (8) residential electricians on staff
C. Property Owners/Customers
The City has a responsibility to coordinate construction activities with the property owners and
customers and expects to work with the Contractor in this capacity, with the Contractor taking the
lead with the property owners/customers. The Contractor will be expected to notify affected
RFP 10236 Electrical Services Contractor City of Fort Collins Light & Power
property owners and tenants at least 24 hours in advance of starting work at a given property.
Various methods may be used at the discretion of the Project Manager including door hangers,
telephone contact, and on-site meetings with customers.
The Contractor may have to reschedule work based on requests from a property owner or tenant,
deal with complaints, and perform follow-up work to the satisfaction of the City and its customers.
Because the Contractor will be working on customer properties and around customer’ homes,
they must maintain the cleanliness of the job site to the greatest extent possible. All trash and
construction debris must be removed daily and the area restored to as near original condition as
quickly as possible.
Citizen’s property that is not included in the Work and damaged during the course of the Work
will be the responsibility of the Contractor to repair.
D. Communication
The City will provide one Project Manager as a point of contact for the Services to be provided. It
is expected that the Contractor provide one contact as well. Communication between the two will
be expected on a weekly basis at the beginning of the agreement. As agreed upon, the two parties
may reduce the frequency of these communications.
The Contractor will be expected to provide a primary and a back-up contact person for all Work.
Both the primary and back-up contact will be involved in the following: agreement on the work to
be performed, work schedules, construction details, making contact with customers, settling
disputes, site inspections, work acceptance, change orders, and other issues.
Contractor must read and write the English language to enable them to maintain a daily log of
events and to converse with the public while working. Fluency is Spanish is also desirable but not
required.
E. Inspections
The Project Manager, City Inspector and others may make periodic visits to the project site to
observe the progress and quality of the Work and to determine, in general, if the Work is
proceeding in accordance with the Agreement. Visits and observations made by the Project
Manager shall not relieve the Contractor of his obligation to conduct comprehensive inspections
of the Work, to furnish materials and perform acceptable Work, and to provide adequate safety
precautions in conformance with the Contract Documents.
F. Background Checks
Awarded Contractors will be required to facilitate, prior to acceptance of employment, background
screening of all employees at Contractor’s expense. In the event that a background check raises
questions about the trustworthiness, fitness for provision of services, competence or suitability of
any individual working with members of the general public, such individual shall not be employed
in connection with the services or activities required.
Violation of this specification will be grounds to terminate services.
The City reserves the right to request from Contractor, and review background checks for
individuals assigned to provide services as a result of this RFP. The City reserves the right, at its
discretion, to preclude any manager, supervisor or employee from providing services under this
contract.
RFP 10236 Electrical Services Contractor City of Fort Collins Light & Power
III. GENERAL INFORMATION
A. Master Agreement Requirements
Work Order Type Master Agreements will be awarded to multiple Contractors to support
projects no greater than one million dollars ($1,000,000) on an as-needed basis. The
Master Agreements may also be utilized to support emergency repairs.
The City intends to award to multiple Contractors under this RFP. The awarded
Contractor(s) shall sign the City’s Master Agreement, a sample of which is attached as
Section VII. The Master Agreement will be effective for a period of one (1) year. At the
option of the City, the Master Agreement may be extended for up to four (4) additional
one (1) year periods. Renewals and pricing changes for subsequent extensions shall
only be considered by the City at the time of such Master Agreement renewal. The
Contractor shall propose any such changes in price at least forty-five (45) days prior to
the Master Agreement expiration.
When projects are identified that are under three hundred thousand dollars ($300,000)
the City will directly negotiate with a single Contractor from the pool to develop a scope
of work and a subsequent Work Order. Projects under three hundred thousand dollars
($300,000) will not require competition amongst the pool of awarded Contractors.
The City intends to bid projects amongst the pool of awarded Contractors for projects
estimated to be over three hundred thousand dollars ($300,000) and no more than one
million dollars ($1,000,000). The City, at its sole discretion, reserves the right to request
bids for individual projects from the pool of awarded Contractors or assign Work Orders
directly to a Contractor.
Work Orders will be created for each individual project, from start to finish, no phasing.
See the Work Order section below for more detail. Awards from the bid will be based on
low price and the ability to meet the project schedule. In addition, the City reserves the
right to conduct independent competitive processes for projects at its sole discretion.
B. Work Order Procedure
Each project will utilize the City’s Work Order, included in the Master Agreement, which
incorporates the Master Service Agreement terms and conditions.
The City Project Manager will initiate the Work Order by providing the Contractor with all
the pertinent information required, and available, to accurately bid the project. A site
visit, drawings, and other additional information may be provided to the Contractor(s) to
assist in the process.
The Contractor shall provide all personnel, subcontractors, materials, equipment, and
supplies necessary to complete the requested Work. The City reserves the right to
furnish materials at its discretion. Work Order bid schedule/schedule of values pricing
shall be based on the Bid Schedule provided by the Contractor(s) during the RFP
process and incorporated into the Master Agreement; however the Contractor(s) may
elect to propose pricing which is more competitive than the Master Agreement on
individual project Work Order proposals. In the event a service is requested which
requires specialty labor or equipment which is not stated in the Master Agreement Bid
Schedule, the Contractor will propose pricing. For such items, the City reserves the right
RFP 10236 Electrical Services Contractor City of Fort Collins Light & Power
to negotiate such proposed unit price(s) with the low bidder prior to the City awarding the
Work Order to the Contractor.
Each Work Order will include a start and completion date, bid schedule/schedule of
values, total cost with details supporting the total cost, and a general summary of Work.
Supporting documentation could include, but is not limited to, the project schedule,
deliverables, cost details supporting total project cost to include hourly labor rates,
equipment rates, material quotes as required, and subcontractor quotes as required.
Rental equipment costs and estimated hours should be included in Work Orders if
applicable. All pricing is to be on a not to exceed, time and materials unit cost basis,
invoiced based upon actual quantities utilized.
As detailed in the sample Master Agreement, Construction Work Orders greater than
one hundred thousand dollars ($100,000) require one hundred percent (100%)
performance and payment bonds. In addition, prior to Substantial Completion, the City
will withhold as contract retainage five percent (5%) of each progress payment.
Liquidated damages may also apply on a project-by-project basis.
The awarded Contractor will receive a Work Order and a Purchase Order from the City
authorizing work under this Agreement. Contractor should not begin any Work prior to
receipt of the Purchase Order and Work Order. No Work Order will be considered valid
until signed, at a minimum, by the Contractor, City Representative, and Purchasing
Department representative. Depending upon the cost and nature of the Work, additional
signature authorization may be required.
Any changes to the dates, cost, or scope of any Work Order must be agreed upon in
writing utilizing the City’s Change Order (included in the sample agreement) and will not
be considered valid until signed, at a minimum, by the Contractor, City Project Manager,
and Purchasing Department representative.
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: October 25, 2025
• Question deadline: 3:00 PM MT on November 3, 2025
• Final Addendum Issued: November 6, 2025
• Proposal due date: 3:00 PM MT on November 17, 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.
RFP 10236 Electrical Services Contractor City of Fort Collins Light & Power
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). The use of subcontractors for the electrical conversion work detailed in
the Scope of Work is not allowed. Contractors may subcontract private locates, dirt work,
etc.
F. Financial Qualifications (CONFIDENTIAL)
Contractor 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 or OSHA standards.
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
RFP 10236 Electrical Services Contractor City of Fort Collins Light & Power
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 twelve (12) 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.
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.
RFP 10236 Electrical Services Contractor City of Fort Collins Light & Power
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.
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).
(Remainder of Page Left Intentionally Blank)
RFP 10236 Electrical Services Contractor City of Fort Collins Light & Power
IV. PROPOSAL SUBMITTAL
Please limit the total length of your proposal to a maximum of thirty (30) 8 ½ x 11” pages
(excluding cover pages, table of contents, dividers 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 of Fort Collins shall not reimburse any firm for costs incurred in the preparation and
presentation of their proposal.
A. Cover Letter / Executive Summary
The Executive Summary should highlight the content of the proposal and features of the
program offered, including a general description of the program and any unique aspects
or benefits provided by your firm.
Indicate your availability to participate in the interviews/demonstrations on the proposed
dates as stated in the Schedule section.
B. Contractor Information
1. Describe the 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. The City has found that having a single point of contact to manage conversion projects
and annexations works best for L&P. Describe how the project would be managed and
who would have primary responsibility for its timely and professional completion.
RFP 10236 Electrical Services Contractor City of Fort Collins Light & Power
3. of communication the Contractor will use with the City’s Project Manager and other
parties.
4. Describe the scheduling software the Contractor typically uses for sequencing tasks
and scheduling materials and equipment.
5. Describe the way in which the Contractor develops and maintains project schedules
for projects. Please also address how the Contractor works to overcome challenges.
6. 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.
7. Include a description of the software and other analysis tools utilized for project cost
estimation.
8. Identify what types of work and services, if any, may be subcontracted.
9. Is the Contractor able to respond within two (2) hours, 24/7 for an emergency?
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 similar projects with public agencies in the
last 5 years (not to include the City of Fort Collins) that have involved the staff and
subcontractors/subconsultants proposed to work on this project. At least one reference
shall be for work under an on-call contract. 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 copies of electrician licenses for any employee providing services if awarded.
4. Describe any major and/or minor damages caused by Contractor to others property
during the last five (5) years. Indicate how the damages were handled, who handled
them, and who paid for the damage repairs.
5. 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
RFP 10236 Electrical Services Contractor City of Fort Collins Light & Power
determining the final Sustainability/TBL score.
1. Address how your firm strives to incorporate all three aspects (social,
environmental, and economic) of Triple Bottom Line (TBL) sustainable practices
into the workplace. Provide examples along with any metrics used to measure
success within your firm.
2. Also provide examples of how your firm has incorporated all three aspects of TBL
sustainable practices in previous similar projects on which your firm has been the
prime Contractor.
Some examples are provided below:
a. Environmental – Experience delivering projects / programs focused on
environmental health priorities in the areas of climate resiliency, water quality
and watershed protection, regulatory performance, management systems,
air quality, renewable energy, sustainable building and design, construction
materials management, and solid waste reduction.
b. Economic – Experience working and delivering projects with an emphasis
on strategic financial planning, job creation, business development, asset
management, various project delivery methods, value engineering, regional
partnerships, transparency, stakeholder engagement, strategic investments,
aging infrastructure, repurposing of existing facilities, and competing
financial priorities.
c. Social - Experience working and delivering projects, programs, and/or
initiatives that support Equity, Diversity, and Inclusion throughout your firm’s
workplace, including leadership, and supply chain. Examples of this may be
demonstration of working within cultural and language gaps, development of
diversity programs, diverse project teams, equitable opportunity vendor
supply chain, and how your firm has applied an equity lens to processes
such as recruitment, hiring, purchasing, career pathways, salaries, and staff
engagement.
F. Pricing
In your response to this proposal, please provide the following:
• Rate Schedule: Provide a schedule of billing rates by category of employee and
job title to be used during the first year of the Master Agreement.
• A separate schedule for after-hours/emergency and overtime should also be
included. 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.
• Provide markup percentage on materials and subcontractors
This Rate Schedule will be firm for at least one (1) year from the date of the Master
Agreement.
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
RFP 10236 Electrical Services Contractor City of Fort Collins Light & Power
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.
Contractor(s) shall complete the attached Contractor Safety Form attached hereto as
Exhibit A and incorporated by this reference
H. Sample Agreement
Included with this request for proposals is a sample Agreement, Section VII, that the City
intends to use for obtaining the services of the Contractor. The Contractor is required to
review this Agreement and indicate any objections to the terms of the contract. If revisions
to the contractual terms are requested, provide suggested revisions.
I. 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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RFP 10236 Electrical Services Contractor City of Fort Collins Light & Power
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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RFP 10236 Electrical Services Contractor City of Fort Collins Light & Power
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 10236 Electrical Services Contractor for City of Fort Collins
Light & Power and sample Agreement except as otherwise noted. Additionally, Contractor
hereby makes the following representations to City:
a. All of the statements and representations made in this proposal are true to the best of the
Contractor’s knowledge and belief.
b. Contractor commits that it is able to meet the terms provided in this proposal.
c. This proposal is a firm and binding offer, for a period of 90 days from the date hereof.
d. Contractor further agrees that the method of award is acceptable.
e. Contractor also agrees to complete the proposed Agreement with the City of Fort Collins
within 10 days of notice of award. If contract is not completed and signed within 10 days,
City reserves the right to cancel and award to the next highest rated firm.
f. Contractor acknowledges receipt of addenda.
g. Contractor acknowledges no conflict of interest.
h. Contractor 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:
RFP 10236 Electrical Services Contractor City of Fort Collins Light & Power
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.
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RFP 10236 Electrical Services Contractor City of Fort Collins Light & Power
VII. SAMPLE AGREEMENT (DO NOT SIGN, FOR REVIEW ONLY)
MASTER SERVICES AGREEMENT
WORK ORDER TYPE CONSTRUCTION
This Master Services Agreement (Agreement) made and entered into the day and year set forth in the
Agreement Period section below, by and between THE CITY OF FORT COLLINS, COLORADO, a
Colorado Municipal Corporation (City or Owner) and , a(n) (ENTER STATE) [business type],
(Contractor).
WITNESSETH:
In consideration of the mutual covenants and obligations herein expressed, it is agreed by
and between the parties hereto as follows:
1. Scope of Service. This Agreement shall constitute the basic agreement between the parties
for . A general Scope of Services is attached hereto as Exhibit A, consisting of [# of
Pages], and incorporated herein by this reference. The Contractor agrees to provide
Services in accordance with any project Work Orders issued by the City. Such Work Orders
will be incorporated into this Agreement. The only Work authorized under this Agreement
are those that are performed after receipt of an executed Work Order, except in emergency
circumstances where oral work requests may be issued. Oral requests for emergency
actions will be confirmed by the issuance of a written Work Order within two calendar days.
Sample Work Orders are attached hereto as Exhibit B for projects with a Contract Price less
than $100,000, consisting of one (1) page, and Exhibit C for construction projects with a
Contract Price greater or equal to $100,000, consisting of eighty-eight (88) pages and both
incorporated herein by this reference.
The City reserves the right to independently solicit any project rather than issuing a Work
Order to the Contractor for the same pursuant to this Agreement. Irrespective of references
to certain named third parties within this Agreement or any Work Order, the Contractor shall
be solely responsible for performance of all duties hereunder. The term Service as used in
this Agreement shall include the Work and deliverables contained in any Work Order issued
by the City.
2. Change Orders and Work Change Directives. The City may, at any time during the term of
a particular Work Order and without invalidating the Work Order, make changes to the scope
of the Service. Changes shall be agreed upon in writing by the parties by Change Order,
samples of which are attached hereto as Exhibit E for projects with a Contract Price less
than $100,000 and Section 00950, for projects with a Contract Price greater or equal to
$100,000, consisting of one (1) page and incorporated herein.
The City may elect to use Work Change Directives in situations involving changes in the
Work which, if not processed expeditiously, might delay the Project. These changes are
often initiated in the field and may affect the Contract Price or the Contract Times. This is
RFP 10236 Electrical Services Contractor City of Fort Collins Light & Power
not a Change Order, but only a directive to proceed with the Work that will, in most cases,
require a Change Order. A sample Work Change Directive is attached hereto as Section
00955, consisting of two (2) pages and incorporated herein by this reference.
3. Work Order Schedule. The Services to be performed pursuant to this Agreement shall be
initiated as specified on each Work Order. Time is of the essence. Any change in schedule
must be agreed upon in writing by the parties via a Change Order.
4. Changes. The City may, at any time during the term of the Agreement, make changes to
the Agreement. Such changes shall be agreed upon in writing by the parties via a Change
Order or amendment.
5. Agreement Period. This Agreement shall commence , 20(Year) (the Effective Date)
and shall continue in full force and effect until , 20(Year) (the Initial Term), unless
sooner terminated as herein provided. In addition, at the option of the City, the Agreement
may be extended for additional one (1) year periods not to exceed [choose one] additional
one-year period(s). Renewals and pricing changes shall be negotiated by and agreed to by
the parties only at the time of renewal. Written notice of renewal shall be provided to the
Contractor no later than thirty (30) calendar days before Agreement end. Should written
notice of renewal be delayed, the parties agree that this Agreement may automatically
extend on a month-to-month basis until a renewal is completed. Upon expiration of the final
renewal term, the Agreement may continue but not to exceed one (1) year if required to
complete any active Work Orders in accordance with Section 8-186 of City Code.
6. Early Termination by City. Notwithstanding the time periods contained herein, the City may
terminate this Agreement and any associated Work Order(s) at any time without cause or
penalty by providing at least ten (10) calendar days written notice of termination to the
Contractor.
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. The Contractor shall submit a final pay
application within ten (10) calendar days of the effective date of termination. Payment shall
be the Contractor’s sole right and remedy for termination.
7. Notices. All notices provided under this Agreement shall be effective immediately when
emailed or three (3) calendar days from the date of the notice when mailed to the following
addresses:
Contractor: City: Copy to:
All notices under this Agreement shall be written.
RFP 10236 Electrical Services Contractor City of Fort Collins Light & Power
8. Compensation. In consideration of the Services to be performed pursuant to this Agreement,
the City agrees to pay the Contractor [choose one] as designated in Exhibit D, consisting of
[# of Pages], attached and incorporated herein. Each Work Order will contain a maximum
fee, which shall be negotiated by the parties. Partial payments based upon the Contractor’s
billings and itemized statements are permissible as defined in the applicable Work Order.
The amounts of any partial payments shall be based upon the Contractor’s City-verified
progress in completing the Service(s) to be performed pursuant to the Work Order and upon
approval of the Contractor’s direct reimbursable expenses. Payment shall be made
following acceptance by the City of the Services.
Itemized pay applications shall be emailed to invoices@fcgov.com with a copy to the City
Project Manager. The cost of the Services completed shall be paid to the Contractor
following the submittal of a correct itemized pay application by the Contractor. The City is
exempt from sales and use tax. The City’s Certificate of Exemption license number is
09804502. A copy of the tax-exempt license is available upon written request.
The City pays undisputed pay applications Net 30 days from the date of the pay application
submittal to the City or, for disputed pay applications, Net 30 days from the date of City
Project Manager’s approval.
9. Design and Service Standards. The Contractor warrants and shall be responsible for the
professional quality, technical accuracy, accessibility requirements under ADA and Public
Accommodations and Technology Accessibility sections below, timely completion and the
coordination of all Services rendered by the Contractor, and the Project Instruments as
defined in the Project Instruments and License Section below. The Contractor shall, without
additional compensation, promptly remedy and correct any errors, omissions, or other
deficiencies from such standards.
10. Indemnification. The Contractor shall indemnify, defend, and hold harmless the City, and its
officers, agents and employees, to the maximum extent permitted under Colorado law,
against and from any and all actions, suits, claims, demands or liability of any character
whatsoever claimed by Contractor or third parties against the City arising out of or related
to this Agreement (not limited to contract, tort, intellectual property, accessibility, or
otherwise). This obligation extends to reimbursement of the City’s costs and reasonable
attorney fees.
11. Insurance. The Contractor shall provide and maintain insurance in accordance with Section
00630, consisting of two (2) pages, attached hereto and incorporated by this reference.
12. Appropriation. To the extent this Agreement, or any provision in it, requires payment of any
nature in fiscal years subsequent to the current fiscal year and constitutes a multiple fiscal
year debt or financial obligation of the City, it shall be subject to annual appropriation by the
Fort Collins City Council as required in Article V, Section 8(b) of the City Charter, City Code
Section 8-186, and Article X, Section 20 of the Colorado Constitution. The City shall have
no obligation to continue this Agreement in any fiscal year for which there are no pledged
cash reserves or supporting appropriations pledged irrevocably for purposes of payment
obligations herein. Non-appropriation by the City shall not be construed as a breach of this
RFP 10236 Electrical Services Contractor City of Fort Collins Light & Power
Agreement.
13. Liquidated Damages. City and Contractor recognize that time is of the essence of this
Agreement and associated Work Order(s) and that the City will suffer financial loss if the
Services are not completed within the times specified in the Work Order(s), plus any
extensions thereof granted 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 the City if the Services are not completed on time. Accordingly,
instead of requiring any such proof, the City and Contractor agree that as liquidated
damages for delay (but not as penalty) the Contractor shall pay Owner the amount set forth
in each Work Order.
14. Project Instruments and License.
a. Upon execution of this Agreement, the Contractor grants to the City an irrevocable,
unlimited and royalty free license to use any and all sketches, drawings, as-builts,
specifications, designs, blueprints, data files, calculations, studies, analysis, renderings,
models, plans, reports, and other Work Order deliverables (Project Instruments), in any
form whatsoever and in any medium expressed, for purposes of constructing, using,
maintaining, altering and adding to the project, provided that the City substantially
performs its obligations under the Agreement. The license granted hereunder permits
the City and third parties reasonably authorized by the City to reproduce applicable
portions of the Project Instruments for use in performing the Services or construction for
the project. In addition, the license granted hereunder shall permit the City and third
parties reasonably authorized by the City to reproduce and utilize the Project
Instruments for similar projects, provided however, in such event the Contractor shall
not be held responsible for the design to the extent the City deviates from the Project
Instruments. This license shall survive termination of the Agreement by default or
otherwise.
b. Upon payment under each applicable Work Order, Project Instruments rendered by the
Contractor shall become the City’s property. The Contractor shall provide the City with the
Project Instruments in electronic format in a mutually agreed upon file type.
15. City Project Manager. The City Project Manager will be shown on the specific Work Order
and shall make, within the scope of the City Project Manager’s authority, all necessary and
proper decisions with reference to the Services requested under the applicable Work Order.
All requests for contract interpretation, change orders and other clarification or instruction
shall be directed to the City Project Manager.
The initial City Project Manager for this Agreement is [Enter Name] and can be reached at
[Enter Email] or [Enter Phone]. The City Project Manager is subject to change by the City.
16. Project Status Report. Project status reports may be required by Work Order(s) and shall
be submitted to the City Project Manager. Failure to provide any required status report may
result in the suspension of the processing of any pay application.
RFP 10236 Electrical Services Contractor City of Fort Collins Light & Power
17. Independent Contractor. The Services to be performed by the Contractor are those of an
independent contractor and not of an employee of the City. The City shall not be responsible
for withholding any portion of the Contractor’s compensation hereunder for the payment of
FICA, Worker’s Compensation, unemployment insurance, other taxes or benefits or for any
other purpose.
18. 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.
19. 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 must be a reputable, qualified firm with an established record of
successful performance in its respective trade performing identical or substantially
similar work; and
b. the Subcontractor will be required to comply with all applicable terms of this Agreement;
and
c. the Subcontract will not create any contractual relationship between any such
Subcontractor and the City, nor will it obligate the City to pay or see to the payment of
any Subcontractor; and
d. the work of the Subcontractor will be subject to inspection by the City to the same extent
as the work of the Contractor.
The Contractor shall require all Subcontractor/Subconsultants performing Service(s) hereunder to
maintain insurance coverage naming the City as an additional insured under this Agreement in
accordance with Section 00630. The Contractor shall maintain a copy of each
subcontractor’s/Subconsultant’s certificate evidencing the required insurance. Upon request, the
Contractor shall provide the City with a copy of the certificate(s) within two (2) calendar days.
The Contractor shall be responsible for any liability directly or indirectly arising out of the Services
performed under this Agreement by a Subcontractor/Subconsultant, which liability is not covered
by the Subcontractor/Subconsultant's insurance.
20. Acceptance Not Waiver. The City's approval of Project Instruments furnished hereunder
shall not in any way relieve the Contractor of responsibility for the quality or technical
accuracy of the Services. The City’s approval or acceptance of, or payment for, any of the
Services shall not be construed to operate as a waiver of any rights or benefits provided the
City under this Agreement.
21. Warranty.
a. Contractor warrants that all Services performed hereunder shall be performed with the highest
RFP 10236 Electrical Services Contractor City of Fort Collins Light & Power
degree of competence and care in accordance with accepted standards for Services of a similar
nature.
b. Unless otherwise provided in the Agreement, all materials and equipment incorporated into any
Services shall be new and, where not specified, of the most suitable grade of their respective
kinds for their intended use, and all Services shall be acceptable to City.
c. Contractor warrants all equipment, materials, labor and other Services, provided under this
Agreement, except City-furnished materials, equipment and labor, against defects and
nonconformances in design, materials and Service quality for 1) original manufacturer’s
warranty term, or 2) as stated in the applicable Work Order, or 3) a period beginning with the
start of the Services and ending twelve (12) months from and after final acceptance under the
Agreement or Work Order, whichever period is longer, regardless of whether the same were
furnished or performed by Contractor or by any of its Subcontractors of any tier. Upon receipt
of written notice from the City of any such defect or nonconformances, the affected item or part
thereof shall be redesigned, repaired or replaced by the Contractor in a manner and at a time
acceptable to City.
22. 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, that party may be declared in default upon notice.
23. Remedies. In the event a party has been declared in default, that defaulting party shall be
allowed a period of ten (10) calendar days from the date of notice within which to cure said
default. In the event the default remains uncorrected, the party declaring default may elect
to:
a. terminate the Agreement and seek damages;
b. treat the Agreement as continuing and require specific performance; or
c. avail themselves of any other remedy at law or equity.
In the event of a dispute between the parties regarding this Agreement, each party shall
bear its own attorney fees and costs, except as provided for in the Indemnification and
Technology Accessibility sections.
24. Entire Agreement; Binding Effect; Authority to Execute. This Agreement, along with all
Exhibits, Work Orders and other documents incorporated herein, shall constitute the entire
Agreement of the parties regarding this transaction and the matter recited herein. This
Agreement shall supersede any prior agreements, promises, or understandings as to the
matter recited herein. The Agreement shall be binding upon the parties, their officers,
employees, agents and assigns and shall inure to the benefit of the respective survivors,
heirs, personal representatives, successors and assigns of said parties. Covenants or
representations not contained in this Agreement shall not be binding on the parties. In the
event of a conflict between the terms of the Agreement and any exhibit or attachment, the
terms of the Agreement shall prevail. Each person executing this Agreement affirms that
they have the necessary authority to sign on behalf of their respective party and to bind such
party to the terms of this Agreement.
RFP 10236 Electrical Services Contractor City of Fort Collins Light & Power
25. Law/Severability. The laws of the State of Colorado and the City of Fort Collins Charter and
Municipal Code shall govern the construction, interpretation, execution and enforcement of
this Agreement without regard to choice of law or conflict of law principles. The parties
further agree that Larimer County District Court is the proper venue for all disputes. If the
City subsequently agrees in writing that the matter may be heard in federal court, venue will
be in Denver District Court for the District of Colorado. In the event any provision of this
Agreement shall be held invalid or unenforceable by any court of competent jurisdiction such
holding shall not invalidate or render unenforceable any other provision of this Agreement.
26. Prohibition Against Unlawful Discrimination. The Contractor acknowledges that the City, in
accordance with the provisions of Title VI of the Civil Rights Act of 1964 (78 Stat. 252, 42
US.C. § 2000d to 2000d-4), C.R.S. § 24-34-401, and any associated State or Federal laws
and regulations, strictly prohibits unlawful discrimination based on an individual’s gender
(regardless of gender identity or gender expression), race, color, religion, creed, national
origin, ancestry, age forty (40) years or older, marital status, disability, sexual orientation,
genetic information, or other characteristics protected by law. Pursuant to City policy, sexual
orientation means a person’s actual or perceived orientation toward heterosexuality,
homosexuality, and bisexuality. The City also strictly prohibits unlawful harassment in the
workplace, including sexual harassment. Further, the City strictly prohibits unlawful
retaliation against a person who engages in protected activity. Protected activity includes
an employee complaining that he or she has been discriminated against in violation of the
above policy or participating in an employment discrimination proceeding.
The Contractor shall comply with the City’s policy for equal employment opportunity and to
prohibit unlawful discrimination, harassment and retaliation. This requirement applies to all
third-party vendors and their Subcontractors at every tier.
27. ADA and Public Accommodations. In performing the Service(s) required hereunder, the
Contractor agrees to meet all the requirements of the Americans with Disabilities Act of
1990, § 24-85-101, et seq., C.R.S., and all applicable rules and regulations (ADA), and all
applicable Colorado public accommodation laws, which are imposed directly on the
Contractor, or which would be imposed on the City as a public entity.
28. Technology Accessibility. The Contractor represents that the Project Instruments
hereunder, shall fully comply with all applicable provisions of C.R.S. § 24-85-101, and the
Accessibility Standards for Individuals with a Disability, as established by the State of
Colorado Governor’s Office of Information Technology (OIT) pursuant to C.R.S. § 24-85-103
(2.5), including all updates and amendments to those standards as provided by the OIT.
The Contractor shall also comply with all State of Colorado technology standards related to
technology accessibility and with Level AA of the most current version of the Web Content
Accessibility Guidelines (WCAG), incorporated in the State of Colorado technology
standards.
To confirm that the Project Instruments meet these standards, the Contractor may be
required to demonstrate compliance. The Contractor shall indemnify, save, and hold
harmless the City against any and all costs, expenses, claims, damages, liability, court
RFP 10236 Electrical Services Contractor City of Fort Collins Light & Power
awards and other amounts (including attorney fees and related costs) incurred by the City
in relation to the Contractor’s failure to comply with C.R.S. § 24-85-101, or the Accessibility
Standards for Individuals with a Disability as established by OIT pursuant to C.R.S. §
24-85-103 (2.5).
The City may require the Contractor’s compliance to the State’s Accessibility Standards to
be determined by a third party selected by the City to attest to the Project Instruments and
software compliance with C.R.S. § 24-85-101, and the Accessibility Standards for
Individuals with a Disability as established by OIT pursuant to C.R.S. § 24-85-103 (2.5).
29. Data Privacy. Contractor will comply with all applicable data privacy regulations and laws,
specifically including Colorado’s Privacy Act C.R.S. § 6-1-1301 (the Privacy Act). Contractor
shall ensure that each person processing any personal data connected to the Services is
subject to a duty of confidentiality with respect to the data. If applicable, Contractor shall
require that any Subcontractors meet the obligations of Contractor with respect to any
personal data connected to this Agreement and corresponding Work Orders. The parties
agree that upon termination of the Services that Contractor shall, at the City’s choice, delete
or return all personal data to the City unless retention of the personal data is required by
law. Contractor shall make available to the City all information necessary to demonstrate
compliance with the obligations of the Privacy Act. Contractor shall allow for, and contribute
to, reasonable audits and inspections by the City or the City’s designated auditor.
30. Governmental Immunity Act. No term or condition of this Agreement shall be construed or
interpreted as a waiver, express or implied, of any of the notices, requirements, immunities,
rights, benefits, protections, limitations of liability, and other provisions of the Colorado
Governmental Immunity Act, C.R.S. § 24-10-101 and under any other applicable law.
31. Colorado Open Records Act. Contractor acknowledges that the City is a governmental entity
subject to the Colorado Open Records Act, C.R.S. § 24-72-200, et seq. (CORA), and
documents in the City’s possession may be considered public records subject to disclosure
under the CORA. The parties agree that this Agreement, all incorporated Exhibits, and all
future Work Orders, unless specifically marked as Confidential, are considered public
records under the CORA.
32. Delay. Time is of the essence. Subject to the Force Majeure section of this Agreement, if
the Contractor is temporarily delayed in whole or in part from performing its obligations, then
the Contractor shall provide written notice to the City within two (2) calendar days defining
the nature of the delay. Provision of written notice under this Section shall not operate as a
waiver of any rights or benefits provided to the City under this Agreement.
33. Force Majeure. No party hereto shall be considered in default in the performance of an
obligation hereunder to the extent that performance of such obligation is delayed, hindered,
or prevented by force majeure. Force majeure shall be any cause beyond the control of the
party that could not reasonably have been foreseen and guarded against. Force majeure
includes, but is not limited to, acts of God, fires, riots, pandemics, incendiarism, interference
by civil or military authorities, compliance with regulations or orders of military authorities,
RFP 10236 Electrical Services Contractor City of Fort Collins Light & Power
and acts of war (declared or undeclared), provided such cause could not have been
reasonably foreseen and guarded against by the affected party. Force majeure shall not
include increases in labor, commodity, utility, material, supply, fuel, or energy costs, or
compliance with regulations or orders of civil authorities. To the extent that the performance
is actually prevented, the Contractor must provide written notice to the City of such condition
within ten (10) calendar days from the onset of such condition.
34. Dust Control. The Contractor shall abide by the City’s “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
Fort Collins city limits.
35. Licenses and Permits. Prior to the start of construction and throughout the Project duration,
the Contractor is responsible for obtaining all necessary licenses and permits and paying all
applicable fees without additional expense to the Owner, unless otherwise agreed in writing
by the Owner and Contractor. All vehicles and equipment shall be properly licensed and
insured, carry the appropriate permits and be placarded as required by law.
36. Satisfactory Standards. The Contractor shall be responsible for maintaining satisfactory
standards of employees' and Subcontractors’ competency, conduct, courtesy, appearance,
honesty, and integrity, and shall be responsible for taking such disciplinary action with
respect to any employee or Subcontractor, as may be necessary.
The Owner may require the Contractor to immediately remove any employee or
Subcontractor the Owner identifies to be unfit to perform duties due to one or more of the
following reasons:
1. Neglect of duty.
2. Disorderly conduct, use of demeaning, derogatory, or offensive language, quarreling,
intimidation by words or actions or fighting.
3. Theft, vandalism, immoral conduct or any other criminal action.
4. Selling, consuming, possessing, or being under the influence of intoxicants, including
alcohol, or illegal substances while on assignment for the City.
5. Acting in an unsafe manner.
All Owner facilities and grounds are non-smoking sites. All Owner parks, trails and natural
areas are also non-smoking.
Agents and employees of Contractor and Subcontractors shall dress in a manner
appropriate for the Work, to include required personal protective equipment. Prior to
performing any Work for the Owner, Contractor shall require each of their employees and
Subcontractors to wear visible information identifying their name and the company for
which they work.
37. In an emergency, Contractor shall contact 911. The Contractor agrees that any incident
RFP 10236 Electrical Services Contractor City of Fort Collins Light & Power
resulting in damage to property or causing personal injury shall be immediately reported to
the Project Manager, law enforcement agency, if appropriate, and any other required
agencies.
The Contractor shall immediately contact the Project Manager when damage to an
underground facility is identified. If a gas line is damaged, the Contractor must call 911
before notifying the Project Manager. The Contractor shall not backfill around the
underground utility line until the damage has been repaired and the Project Manager has
given clearance to backfill. The Contractor shall pay for and assume full responsibility for
any cost associated with repairing all damage.
38. Special Provisions. Special provisions or conditions relating to the Service(s) to be
performed pursuant to this Agreement are set forth in Exhibit E - Confidentiality, consisting
of four (4) pages attached hereto and incorporated herein.
39. Order of Precedence. In the event of a conflict or inconsistency within this Agreement the
conflict or inconsistency shall be resolved by giving preference to the documents in the
following order of priority:
a. The body of this Agreement (and any written amendment),
b. Exhibits to this Agreement,
c. Work Order(s) (and any applicable Change Order), and
d. the Purchase Order document.
40. Prohibited Terms. Nothing in any Exhibit, Work Order, or other attachment shall be
construed as a waiver of any provision above. Any terms included in any Exhibit, Work
Order, or document that requires the City to indemnify or hold Contractor harmless; requires
the City to agree to binding arbitration; limits Contractor’s liability; or that conflicts with
statute, City Charter or City Code in any way, shall be void.
[Signature Page Follows]
RFP 10236 Electrical Services Contractor City of Fort Collins Light & Power
THE CITY OF FORT COLLINS, COLORADO
By:
Gerry Paul, Purchasing Director
Date:
ATTEST:
APPROVED AS TO FORM:
CONTRACTOR
By:
Printed:
Title:
Date:
RFP 10236 Electrical Services Contractor City of Fort Collins Light & Power
EXHIBIT A
GENERAL SCOPE OF SERVICES
RFP 10236 Electrical Services Contractor City of Fort Collins Light & Power
EXHIBIT B
WORK ORDER FORM
(Construction Projects with Contract Cost < $100,000)
PURSUANT TO A MASTER SERVICES AGREEMENT BETWEEN
THE CITY OF FORT COLLINS
AND
CONTRACTOR'S NAME
WORK ORDER NUMBER:
PROJECT TITLE:
ORIGINAL BID/RFP NUMBER & NAME:
MASTER SERVICES AGREEMENT EFFECTIVE DATE: Original Contract Date
WORK ORDER COMMENCEMENT DATE:
WORK ORDER COMPLETION DATE:
MAXIMUM FEE (time and reimbursable direct costs):
PROJECT DESCRIPTION/SCOPE OF SERVICES:
Contractor agrees to perform the Work identified above and on the attached forms in accordance
with and subject to the terms and conditions contained herein and in the Agreement between the
parties. This Work Order is incorporated into the Agreement, and the Agreement and all prior
amendments or other modifications to the Agreement, if any, remain in full force and effect. In
the event of a conflict between or ambiguity in the terms of the Agreement and this Work Order
(including the attached forms) the Agreement as set forth in the Order of Precedence section of
the Agreement shall control.
Pricing stated on this Work Order shall be consistent with the pricing in the Agreement or
subsequent renewals as of the Work Order commencement date and will be held firm through
completion of this Work Order.
The attached forms consisting of [choose # of pages] are hereby accepted and incorporated
herein and Notice to Proceed is hereby given after all parties have signed this document.
CONTRACTOR: Date:
Name, Title
ACCEPTANCE: Date:
Name, City Project Manager
REVIEWED: Date:
Name, Buyer or Senior Buyer
ACCEPTANCE: Date:
Gerry Paul, Purchasing Director (if greater than $60,000)
RFP 10236 Electrical Services Contractor City of Fort Collins Light & Power
EXHIBIT C
WORK ORDER FORM
(Construction Projects with Contract Cost >= $100,000)
CONSTRUCTION WORK ORDER
FOR
[ORIGINAL PROJECT # AND NAME]
WORK ORDER NO.
TITLED
(WORK ORDER TITLE)
DATE:
CONTRACTOR:
RFP 10236 Electrical Services Contractor City of Fort Collins Light & Power
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
00955 Work Change Directive Form
00960 Application for Payment
RFP 10236 Electrical Services Contractor City of Fort Collins Light & Power
SECTION 00500
CONSTRUCTION WORK ORDER AGREEMENT FORMS
00525 Work Order, Notice of Award & Bid Schedule
00530 Work Order Notice to Proceed
RFP 10236 Electrical Services Contractor City of Fort Collins Light & Power
SECTION 00525
WORK ORDER, NOTICE OF AWARD AND BID SCHEDULE
TO (CONTRACTOR):
WORK ORDER # & TITLE:
PURCHASE ORDER:
ORIGINAL BID/RFP # & TITLE:
MASTER SERVICES AGREEMENT EFFECTIVE DATE: ______
ENGINEER:
OWNER’S PROJECT MANAGER:
NOTICE OF AWARD DATE:
OWNER: City of Fort Collins (Owner)
1. WORK. Contractor is hereby notified that Contractor’s bid dated , for the above Work
Order has been considered. Pursuant to your Master Services Agreement with Owner
dated (Agreement), you have been awarded this Work Order for the following project
(Project):
A. INSERT SUMMARY OF WORK.
2. ENGINEER: The Project has been designed by [Engineer's Name], who is hereinafter called
Engineer and who will assume all duties and responsibilities and will have the rights and
authority assigned to Engineer in the Contract Documents in connection with completion of
the Work.
The Project has been designed by [Engineer's Name]. However, all references in the Contract
Documents to the Engineer shall be the City’s Project Manager, [PM name], who will assume
all duties and responsibilities and will have the rights and authority assigned to Engineer in
the Contract Documents in connection with completion of the Work. The Project Manager is
subject to change by the Owner by written notice via email to the Contractor.
3. CONTRACT PRICE, BONDS AND CERTIFICATES. The Contract Price for this Work
Order is ($ ). Pursuant to the Agreement and the Contract Documents,
Performance and Payment Bonds and insurance are required.
4. 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 .
5. 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 4 above, plus any extensions thereof granted 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
RFP 10236 Electrical Services Contractor City of Fort Collins Light & Power
proof, Owner and Contractor agree that as liquidated damages for delay (but not as penalty)
Contractor shall pay Owner the amounts set forth hereafter.
1. Substantial Completion: ($ ) for each calendar day or fraction
thereof that expires after until the Work is Substantially Complete.
2. Final Acceptance: After Substantial Completion ($ ) for each
calendar day or fraction thereof that expires after the period for Final
Payment and Acceptance until the Work is ready for Final Payment and
Acceptance.
5. PAYMENT PROCEDURES. Contractor shall submit Applications for Payment in
accordance with Article 14 of the General Conditions. Applications for Payment will be
processed by Engineer as provided in the General Conditions.
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 ninety five percent
(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.
RFP 10236 Electrical Services Contractor City of Fort Collins Light & Power
6. CONTRACTOR'S REPRESENTATION. In order to induce Owner to enter into this
Agreement, Contractor makes the following representations:
6.1 Contractor has familiarized himself with the nature and extent of the
Contract Documents, Work, site, locality, and with all local conditions and
Laws and Regulations that in any manner may affect cost, progress,
performance or furnishing of the Work.
6.2 Contractor has studied carefully all reports of explorations and tests of
subsurface conditions and drawings of physical conditions which are
identified in the Supplementary Conditions as provided in paragraph 4.2 of
the General Conditions.
6.3 Contractor has obtained and carefully studied (or assumes responsibility for
obtaining and carefully studying) all such examinations, investigations,
explorations, tests, reports, and studies (in addition to or to 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 as well as 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.
RFP 10236 Electrical Services Contractor City of Fort Collins Light & Power
7.2 Forms for use by Contractor in performing the Work and related actions in
carrying out the terms of the Agreement are deemed Contract Documents
and incorporated herein by this reference, and include, but are not limited
to, the following:
7.2.1 Section 00525 Work Order & Notice of Award
7.2.2 Section 00530 Work Order Notice to Proceed
7.2.3 Section 00610 Performance Bond
7.2.4 Section 00615 Payment Bond
7.2.5 Section 00630 Certificate of Insurance
7.2.6 Section 00635 Certificate of Substantial Completion
7.2.7 Section 00640 Certificate of Final Acceptance
7.2.8 Section 00650 Lien Waiver Release (Contractor)
7.2.9 Section 00660 Consent of Surety
7.2.10 Section 00670 Application for Payment
7.2.11 Section 00700 General Conditions
7.2.12 Section 00800 Supplementary Conditions
7.2.13 Section 00950 Work Order Change Order Form
7.2.14 Section 00955 Work Change Directive
7.2.15 Section 00960 Application for Payment
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
RFP 10236 Electrical Services Contractor City of Fort Collins Light & Power
partners, successors, assigns and legal representatives in respect to
all covenants, Agreement and obligations contained in the Contract
Document.
9. EXECUTION. One (1) electronic copy of this Work Order & Notice of Award and
accompanying amendments or supplements to the Contract Documents incorporated
herein, are provided. Contractor must comply with the following conditions precedent within
fifteen (15) calendar days of the date of this Notice of Award, that is, by .
A. Contractor must deliver to Owner one (1) fully-executed counterparts of this Work Order,
including all amendments or supplements to the Contract Documents incorporated
herein.
B. Contractor must deliver with the executed Work Order the Performance and Payment
Bonds and insurance, as specified in the Agreement, this Work Order, the General
Conditions (Article 5.1) and the Supplementary Conditions.
Failure to comply with these conditions within the time specified will entitle Owner to consider your
Bid abandoned and to annul this Work Order & Notice of Award..
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:
RFP 10236 Electrical Services Contractor City of Fort Collins Light & Power
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: __________
RFP 10236 Electrical Services Contractor City of Fort Collins Light & Power
BID SCHEDULE
RFP 10236 Electrical Services Contractor City of Fort Collins Light & Power
SECTION 00530
WORK ORDER NOTICE TO PROCEED
NOTICE TO PROCEED DATE:
WORK ORDER TITLE:
WORK ORDER NUMBER:
ORIGINAL BID/RFP # & TITLE:
TO:
Attn:
This notice is to advise the Contractor:
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 Performance and Payment Bonds and insurance have been received by the
Owner. That the Owner has approved the said Work Order and Contract Documents.
Therefore, as the Contractor for the above-described Work, you are hereby authorized and
directed to proceed within ( ) calendar days from receipt of this notice as required
by the Work Order and the Agreement.
The dates for Substantial Completion and Final Acceptance shall be , and ,
respectively.
Dated this _____________ day of ___________, _____.
CITY OF FORT COLLINS (Owner)
By: ___________________________________________
___________________________________________
Name & Title
ACKNOWLEDGMENT OF NOTICE
Receipt of the above Work Order Notice to Proceed is hereby acknowledged this _____________
day of ___________, _____.
(Contractor)
By: ___________________________________________
___________________________________________
Name & Title
RFP 10236 Electrical Services Contractor City of Fort Collins Light & Power
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
RFP 10236 Electrical Services Contractor City of Fort Collins Light & Power
SECTION 00610
PERFORMANCE BOND
Bond No __
KNOW ALL MEN BY THESE PRESENTS: that
(Firm)
(Address)
(an Individual), (a Partnership), (a Corporation), hereinafter referred to as the "Principal" and
(Firm)
(Address)
hereinafter referred to as "the Surety", are held and firmly bound unto City of Fort Collins, 300
LaPorte Ave, Fort Collins, Colorado 80522 a (Municipal Corporation) hereinafter referred to as
the "Owner", in the penal sum of ($ ) in lawful money of the United States, for the
payment of which sum well and truly to be made, we bind ourselves, successors and assigns,
jointly and severally, firmly by these presents.
THE CONDITIONS OF THIS OBLIGATION are such that whereas the Principal entered into a
certain Agreement with the Owner, dated the day of , 2 , for (original bid/rfp #
& name) a copy of which is hereto attached and made a part hereof, for the performance of The
City of Fort Collins Work Order, titled , Work Order Number , dated the day
of , , a copy of which is hereto attached and made a part hereof.
NOW, THEREFORE, if the Principal shall well, truly and faithfully perform its duties, all the
undertakings, covenants, terms, conditions and agreements of said Work Order and Agreement
during the original term thereof, and any extensions thereof which may be granted by the Owner,
with or without Notice to the Surety and during the life of the guaranty period, and if the Principal
shall satisfy all claims and demands incurred under such Work Order and Agreement, and shall
fully indemnify and save harmless the Owner from all cost and damages which it may suffer by
reason of failure to do so, and shall reimburse and repay the Owner all outlay and expense which
the Owner may incur in making good any default, then this obligation shall be void; otherwise to
remain in full force and effect.
PROVIDED, FURTHER, that the said Surety, for value received, hereby stipulates and agrees
that no change, extension of time, alteration or addition to the terms of the Work Order and
Agreement or to the Work to be performed thereunder or the Specifications accompanying the
same shall in any way affect its obligation on this bond; and it does hereby waive notice of any
such change, extension of time, alteration or addition to the terms of the Work Order and
Agreement or to the Work or to the Specifications.
PROVIDED, FURTHER, that no final settlement between the Owner and the Contractor shall
abridge the right of any beneficiary hereunder, whose claim may be unsatisfied.
PROVIDED, FURTHER, that the Surety Company must be authorized to transact business in the
State of Colorado and be acceptable to the Owner.
RFP 10236 Electrical Services Contractor City of Fort Collins Light & Power
IN WITNESS WHEREOF, this instrument is executed 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.
RFP 10236 Electrical Services Contractor City of Fort Collins Light & Power
SECTION 00615
PAYMENT BOND
Bond No
KNOW ALL MEN BY THESE PRESENTS: that
(Firm)
(Address)
(an Individual), (a Partnership), (a Corporation), hereinafter referred to as the "Principal" and
(Firm)
(Address)
hereinafter referred to as "the Surety", are held and firmly bound unto City of Fort Collins, 300
LaPorte Ave, Fort Collins, Colorado 80522 a (Municipal Corporation) hereinafter referred to as
the "Owner", in the penal sum of ($ ) in lawful money of the United States, for the
payment of which sum well and truly to be made, we bind ourselves, successors and assigns,
jointly and severally, firmly by these presents.
THE CONDITIONS OF THIS OBLIGATION are such that whereas the Principal entered into a
certain Agreement with the Owner, dated the day of , , for (original bid/rfp # &
name), a copy of which is hereto attached and made a part hereof, for the performance of The
City of Fort Collins Work Order, titled , Work Order Number , dated the day of
, , a copy of which is hereto attached and made a part hereof.
NOW, THEREFORE, if the Principal shall make payment to all persons, firms, Subcontractors,
and corporations furnishing materials for or performing labor in the prosecution of the Work
provided for in such Work Order and Agreement and any authorized extension or modification
thereof, including all amounts due for materials, lubricants, repairs on machinery, equipment and
tools, consumed, rented or used in connection with the construction of such Work, and all
insurance premiums on said Work, and for all labor, performed in such Work whether by
Subcontractor or otherwise, then this obligation shall be void; otherwise to remain in full force and
effect.
PROVIDED, FURTHER, that the said Surety, for value received, hereby stipulates and agrees
that no change, extension of time, alteration or addition to the terms of the Work Order and
Agreement or to the Work to be performed thereunder or the Specifications accompanying the
same shall in any way affect its obligation on this bond; and it does hereby waive notice of any
such change, extension of time, alteration or addition to the terms of the Work Order and
Agreement or to the Work or to the Specifications.
PROVIDED, FURTHER, that no final settlement between the Owner and the Contractor shall
abridge the right of any beneficiary hereunder, whose claim may be unsatisfied.
PROVIDED, FURTHER, that the Surety Company must be authorized to transact business in the
State of Colorado and be acceptable to the Owner.
RFP 10236 Electrical Services Contractor City of Fort Collins Light & Power
IN WITNESS WHEREOF, this instrument is executed 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.
RFP 10236 Electrical Services Contractor City of Fort Collins Light & Power
SECTION 00630
CERTIFICATE OF INSURANCE
The Contractor will provide, from insurance companies acceptable to the Owner, the insurance
coverage designated hereinafter and pay all costs. Before commencing work under this Bid, the
Contractor shall furnish the Owner with certificates of insurance showing the type, amount, class
of operations covered, effective dates and date of expiration of policies.
In case of the breach of any provision of the Insurance Requirements, the Owner, at its option,
may take out and maintain, at the expense of the Contractor, insurance as the Owner may deem
proper and may deduct the cost of the insurance from any monies which may be due or become
due the Contractor under this Agreement.
Insurance certificates should show the certificate holder as follows:
City of Fort Collins
Purchasing Division
PO Box 580
Fort Collins, CO 80522
The Owner, its officers, agents and employees shall be named as additional insureds on
the Contractor 's general liability and automobile liability insurance policies by marking
the appropriate box or adding a statement to this effect on the certificate, for any claims
arising out of work performed under this Contract.
Insurance coverages shall be as follows:
A. Workers' Compensation & Employer's Liability. The Contractor shall maintain during the
life of this Contract for all of the Contractor’s employees engaged in work performed under
this Contract. Workers' Compensation & Employer’s Liability insurance shall conform with
statutory limits of $100,000 per accident, $500,000 disease aggregate, and $100,000
disease each employee, or as required by Colorado law.
B. General Liability. The Contractor shall maintain during the life of this Contract such
General Liability as will provide coverage for damage claims of personal injury, including
accidental death, as well as for claims for property damage, which may arise directly or
indirectly from the performance of work under this Contract. Coverage for property
damage shall be on a "broad form" basis. The amount of insurance for General Liability,
shall not be less than $1,000,000 combined single limits for bodily injury and property
damage.
C. Automobile Liability. The Contractor shall maintain during the life of this Contract such
Automobile Liability insurance as will provide coverage for damage claims of personal
injury, including accidental death, as well as for claims for property damage, which may
arise directly or indirectly from the performance of work under this Contract. Coverage for
property damage shall be on a "broad form" basis. The amount of insurance for
Automobile Liability, shall not be less than $1,000,000 combined single limits for bodily
injury and property damage.
RFP 10236 Electrical Services Contractor City of Fort Collins Light & Power
D. Subcontractors. In the event any work is performed by a Subcontractor, the Contractor
shall be responsible for any liability directly or indirectly arising out of the work performed
under this Contract by a Subcontractor, which liability is not covered by the
Subcontractor's insurance.
E. Primary Coverage. For any claims related to the Contract, Contractor’s insurance shall
be primary coverage, and any insurance or self-insurance maintained by the Owner, its
officers, agents and employees shall be in excess of the Contractor’s insurance and shall
not contribute with it.
F. Waiver of Subrogation. Contractor will grant to the Owner a waiver of any right of
subrogation which any insurer of Contractor may acquire against the Owner by virtue of
any payment of any loss. Contractor agrees to obtain any endorsement that may be
necessary to affect this waiver of subrogation, but this provision applies regardless of
whether or not the Owner has received a waiver of subrogation endorsement from the
insurer.
In the event any Work is performed by a Subcontractor, the Contractor shall be responsible for
any liability directly or indirectly arising out of the Work performed under this contract by a
Subcontractor, which liability is not covered by the Subcontractor's insurance.
RFP 10236 Electrical Services Contractor City of Fort Collins Light & Power
SECTION 00635
CERTIFICATE OF SUBSTANTIAL COMPLETION
TO: CITY OF FORT COLLINS (Owner) WORK ORDER # & TITLE:
DATE OF SUBSTANTIAL COMPLETION: ORIGINAL BID/RFP # & TITLE:
PROJECT OR SPECIFIED PART SHALL LOCATION: Fort Collins, Colorado
INCLUDE: OWNER: City of Fort Collins
CONTRACTOR:
WORK ORDER DATE:
The Work performed under this Work Order, pursuant to the Contract Documents, has been
inspected by authorized representatives of the Owner, Contractor, and the Engineer and the
project (or specified part of the project, as indicated above) is hereby declared to be substantially
completed on the above date.
A tentative list of items to be completed or corrected is appended hereto. This list may not be
exhaustive, and the failure to include an item on it does not alter the responsibility of the
Contractor to complete all the Work in accordance with the Contract Documents.
_____________________________ By: __________________________ ________
PROJECT MANAGER AUTHORIZED REPRESENTATIVE DATE
The Contractor accepts the above Certificate of Substantial Completion and agrees to complete
and correct the items on the tentative list within the time stated in the Work Order..
_____________________________ 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: _________________________________________________________________
____________________________________________________________________________
____________________________________________________________________________
RFP 10236 Electrical Services Contractor City of Fort Collins Light & Power
SECTION 00640
CERTIFICATE OF FINAL ACCEPTANCE
DATE: ________________, _____
TO:
Contractor is hereby notified that on the day of , , the City of Fort Collins,
Colorado, has accepted the Work completed by , for the City of Fort Collins Work Order,
titled , Work Order Number under (original bid/rfp # & name).
A check is attached hereto in the amount of $ as Final Payment for all Work done, subject
to the terms of the Contract Documents, including the Work Order, which is dated , and the
Agreement, which is dated .
In conformance with the Work Order and Contract Documents for this project, your obligations
and guarantees will continue for the specified time from the following date:
___________________, _____.
Sincerely,
City of Fort Collins
Owner
By: ___________________________________________
___________________________________________
Name & Title
ATTEST: _________________________________________
___________________________________________
Name & Title
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SECTION 00650
LIEN WAIVER RELEASE
(CONTRACTOR)
TO: City of Fort Collins, Colorado (Owner)
FROM: (Contractor)
WORK ORDER TITLE:
WORK ORDER NUMBER:
ORIGINAL BID/RFP # & TITLE:
1. The Contractor acknowledges having received payment, except retainage from the Owner
for all Work, labor, skill and material furnished, delivered and performed by the Contractor
for the Owner or for anyone in the construction, design, improvement, alteration, addition or
repair of the above described project.
2. In consideration of such payment and other good and valuable consideration, the receipt
and adequacy of which are hereby acknowledged, the Contractor voluntarily waives all
rights, claims and liens, including but not limited to, mechanic's liens, Miller Act claims (40
U.S.C.A. 270 a and b), stop notices, equitable liens and labor and material bond rights which
the Contractor may now or may afterward have, claim or assert for all and any work, labor,
skill or materials furnished, delivered or performed for the construction, design,
improvement, alteration, addition or repair of the above described project, against the Owner
or its officers, agents, employees or assigns, against any fund of or in the possession or
control of the Owner, against the project or against all land and the buildings on and
appurtenances to the land improved by the project.
3. The Contractor affirms that all Work, labor and materials, furnished, delivered or performed
to or for the construction, design, improvement, alteration, addition or repair of the project
were furnished, delivered or performed by the Contractor or its agents, employees, or by
and through the Contractor by various Subcontractors or materialmen or their agents or
employees 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, agents or assigns against the project or against
the Owner or its officers, employees, agents or assigns arising out of the project for all loss,
damage and costs, including reasonable attorney’s fees, incurred as a result of such claims.
5. The parties acknowledge that the description of the project set forth above constitutes an
adequate description of the property and improvements to which this Lien Waiver Release
pertains. It is further acknowledged that this Lien Waiver Release is for the benefit of and
may be relied upon by the Owner, the lender, if any, and Surety on any labor and material
bonds for the project.
RFP 10236 Electrical Services Contractor City of Fort Collins Light & Power
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
RFP 10236 Electrical Services Contractor City of Fort Collins Light & Power
SECTION 00660
CONSENT OF SURETY
TO: City of Fort Collins, Colorado
CONTRACTOR:
WORK ORDER # & TITLE:
ORIGINAL BID/RFP # & TITLE:
CONTRACT DATE:
WORK ORDER DATE:
In accordance with the provisions of the Work Order and Agreement 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.
RFP 10236 Electrical Services Contractor City of Fort Collins Light & Power
SECTION 00670
APPLICATION FOR EXEMPTION CERTIFICATE
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SECTION 00700
GENERAL CONDITIONS
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SECTION 00800
SUPPLEMENTARY CONDITIONS
Conditions of the Contract
These Supplementary Conditions amend or supplement the General Conditions of the
Construction Contract (EJCDC General Conditions 1910-8, 1990 edition, with City of Fort Collins
Modifications, Rev. 9/94) and other provisions of the Contract Documents as indicated below.
SC-1 DEFINITIONS
SC-1.38. Add the following language to the conclusion of paragraph 1.38 of the General
Conditions:
1.38. Substantial Completion. .... Substantial Completion is further defined as that
degree of completion of the operating facilities or systems of the Project defined in the
Work Order sufficient to provide the Owner the full time, uninterrupted, continuous,
beneficial operation of the modifications, and all inspections required have been
completed and identified conditions corrected.
SC-1.43.A. Add the following new paragraph immediately after paragraph 1.43 of the General
Conditions:
1.43.A. Work Order--A written document executed by Owner and Contractor that
provides for the construction of a portion of the Work, pursuant to the Agreement and
all as required by the Contract Documents, and that becomes a Contract Document
when executed.
SC-2 PRELIMINARY MATTERS
SC-2.8. Delete paragraph 2.8 of the General Conditions entirely and replace it with the
following paragraph:
2.8. Preconstruction Conference. Within ten (10) calendar 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
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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
SC-5.4.8.1. Add the following new sentence to paragraph 5.4.8. of the General Conditions:
The Contractor shall purchase and maintain insurance in accordance with the
requirements stated in Section 00630 of the Agreement.
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
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procedure to become authorized to do business in the State of Colorado, designate a
place of business therein, and appoint an agent for service of process.
Such corporation must furnish the Owner with a certificate from the Secretary of State
of Colorado has been issued by its office and there shall also be procured from the
Colorado Secretary of State of photostatic or certified copy of the designated of place
of business and appointment of agent for service of process, or a letter from the
Colorado Secretary of State that such designation of place of business and agent for
service of process have been made.
6.14.3.3. The Contractor must conform to the rules and regulations of the Industrial
Commission of Colorado. Particular reference is made to rules and regulations
governing excavation Work adopted by the Industrial Commission of Colorado.
SC-8 OWNER’S RESPONSIBILITIES
SC-8.1. A. In paragraph 8.1, Change reference to Engineer to Project Manager
B. Add the following language to ARTICLE 8:
8.10. The Owner will provide a project manager (the Project Manager). The
Contractor shall direct all questions concerning Contract interpretation, Change Orders,
and other requests for clarification or instruction to the Project Manager.
8.10.1. Authority: The Project Manager will be the Owner’s representative during
the construction of the project. The Project Manager shall have the authority to reject
work and materials whenever rejection may be necessary to ensure the proper
performance of the Work in accordance with the Contract Documents.
8.10.2. Duties and Responsibilities: The Project Manager will make periodic
visits to the project site to observe the progress and quality of the Work and to
determine, in general, if the Work is proceeding in accordance with the Contract
Documents. The Project Manager shall not be required to make comprehensive or
continuous inspections to check the progress or quality of the Work. The Project
Manager shall not be responsible for construction means, methods, techniques,
sequences, or procedures, or for safety precautions or programs in connection with the
Work, or for any failure of the Contractor to comply with laws and regulation applicable
to the performance or furnishing of the Work. Visits and observations made by the
Project Manager shall not relieve the Contractor of his obligation to conduct
comprehensive inspections of the Work, to furnish materials and perform acceptable
Work, and to provide adequate safety precautions in conformance with the Contract
Documents. The Project Manager shall at all times have access to the Work. The
Contractor shall provide facilities for access so the Project Manager may perform his
or her functions under the Contract Documents.
8.10.3. One or more Construction Inspector(s) (CI) may be assigned to assist the
Project Manager in providing observation of the Work, to determine whether or not the
Work is proceeding according to the construction documents. Contractor will receive
written notification from the Owner of any CI assignments. The CI shall not supervise,
direct or have control or authority over, nor be responsible for, Contractor's means,
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methods, techniques, sequences or procedures of construction or the safety
precautions and programs incident thereto, or for any failure of Contractor to comply
with Laws and Regulations applicable to the furnishing or performance of the Work.
The CI will not be responsible for Contractor's failure to perform or furnish the Work in
accordance with the Contract Documents. The CI's dealings in matters pertaining to
the on-site work will be to keep the Project Manager properly apprised about such
matters.
8.10.4. Communications: All instructions, approvals, and decisions of the Project
Manager shall be in writing. The Contractor may not rely on instructions, approvals, or
decisions of the Project Manager until the same are reduced to writing.
SC-11 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-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.
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SECTION 00900
ADDENDA, MODIFICATIONS AND PAYMENT
00950 Change Order
00955 Work Change Directive
00960 Application for Payment
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SECTION 00950
CHANGE ORDER FORM
CHANGE ORDER NO.
CONTRACTOR:
WORK ORDER TITLE & NO. :
ORIGINAL BID/RFP # & TITLE:
DESCRIPTION:
1. Reason for change:
2. Description of Change:
3. Change in Contract Cost:
4. Change in Contract Time:
ORIGINAL CONTRACT COSTS $ ________________
TOTAL APPROVED CHANGE ORDER(S) $ ________________
TOTAL PENDING CHANGE ORDER(S) $ ________________
TOTAL THIS CHANGE ORDER $ ________________
TOTAL % OF ORIGINAL CONTRACT, THIS CO: _______________ %
TOTAL % OF ORIGINAL CONTRACT, ALL CO’S: _______________ %
ADJUSTED CONTRACT COST $ ________________
_________________
(Assuming all change orders approved)
ACCEPTED BY: _____________________________________ DATE: ____________
Contractor's Representative
ACCEPTED BY: _____________________________________ DATE: ____________
Project Manager
REVIEWED BY: _____________________________________ DATE: ____________
Title:
APPROVED BY: _____________________________________ DATE: ____________
Title:
APPROVED BY: _____________________________________ DATE: ____________
(Purchasing Agent if > $60,000)
cc: City Clerk Architect/Engineer
Finance Purchasing
Project Manager Contractor
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SECTION 00955
WORK CHANGE DIRECTIVE
A. GENERAL INFORMATION
This document was developed for use in situations involving changes in the Work which, if
not processed expeditiously, might delay the Project. These changes are often initiated in the
field and may affect the Contract Price or the Contract Times. This is not a Change Order, but
only a directive to proceed with the Work that may be included in a subsequent Change Order.
For supplemental instructions and minor changes not involving a change in the Contract Price
or the Contract Times a Field Order should be used.
B. COMPLETING THE WORK CHANGE DIRECTIVE FORM
ENGINEER initiates the form, including a description of the items involved and attachments.
Based on conversations between the Engineer, Owner and Contractor, Engineer completes
the following:
METHOD OF DETERMINING CHANGE, IF ANY, IN CONTRACT PRICE: Mark the
method to be used in determining the final cost of Work involved and the estimated net
effect on the Agreement Price. If the change involves an increase in the Agreement Price
and the estimated amount is approached before the additional or changed Work is
completed, another Work Change Directive must be issued to change the estimated price
or Contractor may stop the changed Work when the estimated time is reached. If the Work
Change Directive is not likely to change the Agreement Price, the space for estimated
increase (decrease) should be marked “Not Applicable”.
Once Engineer has completed and signed the form, all copies should be sent to Owner for
authorization because Engineer alone does not have authority to authorize changes in Price
or Times. Once authorized by Owner, a copy should be sent by Engineer to Contractor. Price
and Times may only be changed by Change Order signed by Owner and Contractor with
Engineer’s recommendation.
Article 10 of the General Conditions requires that a Change Order be initiated and processed
to cover any undisputed sum or amount of time for Work actually performed pursuant to this
Work Change Directive.
Once the Work covered by this directive is completed or final cost and times are determined,
Contractor should submit documentation for inclusion in a Change Order.
IF THIS IS A DIRECTIVE TO PROCEED WITH A CHANGE THAT MAY AFFECT THE
AGREEMENT PRICE OR CONTRACT TIMES. A CHANGE ORDER, IF ANY, SHOULD BE
CONSIDERED PROMPTLY.
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SECTION 00955
WORK CHANGE DIRECTIVE
NO.
PROJECT TITLE:
CONTRACTOR:
ENGINEER:
PO NUMBER:
You are directed to proceed promptly with the following change(s):
Description:
Purpose of Work Change Directive:
Attachments: (List documents supporting change)
If Owner or Contractor believe that the above change has affected Contract Price, any Claim for
a Change Order based thereon will involve one or more of the following methods as defined in
the Contract Documents.
Method of determining change in Contract Price:
Unit Prices
Lump Sum
Cost of the Work
Estimated increase (decrease) in Contract Price: $
If the change involves an increase, the estimated amount is not to be exceeded without further
authorization.
Estimated increase (decrease) in Contract Times: Substantial Completion: days; Ready for
Final Acceptance: days
REQUESTED:
Name
CONTRACTOR AUTHORIZED REPRESENTATIVE
DATE
RECOMMENDED:
ENGINEER AUTHORIZED REPRESENTATIVE
DATE
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AUTHORIZED:
OWNER AUTHORIZED REPRESENTATIVE
DATE
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SECTION 00960
PAYMENT APPLICATION
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SECTION 00960
PAYMENT APPLICATION
APPLICATION FOR PAYMENT PAGE 1 OF 2
OWNER: City of Fort Collins PROJECT: APPLICATION NUMBER:
APPLICATION DATE:
PERIOD BEGINNING:
ENGINEER: CONTRACTOR: PERIOD ENDING:
PROJECT NUMBER:
CHANGE ORDERS Application is made for Payment as shown below in connection with Contract
NUMBER DATE AMOUNT
The present status of the account for this Contract is as
follows:
1
2 Original Contract Amount:
3 Net Change by Change Order:
Current contract Amount: $0.00
Total Completed and Stored to Date:
Less Previous Applications:
Amount Due this Application - Before Retainage: $0.00
Less Retainage:
Net Change by Change Order $0.00 AMOUNT DUE THIS APPLICATION: $0.00
CERTIFICATION:
The undersigned Contractor certifies that all obligations of Contractor incurred in connection with
the Work have been satisfied as required in Paragraph 14.3. of the General Conditions of the Contract.
The above Amount Due This Application is requested by the Contractor.
Date: By:
Payment of the above Amount Due This Application is recommended by the Engineer.
Date: By:
Payment of the above Amount Due This Application has been reviewed by the Owner’s Project Manager.
Date: By:
Payment of the above Amount Due This Application is approved by the Owner.
Date: By:
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EXHIBIT D
BID SCHEDULE
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EXHIBIT E
CHANGE ORDER
NO.
PROJECT TITLE:
CONTRACTOR:
WORK ORDER NUMBER:
PO NUMBER:
ORIGINAL RFP NUMBER & NAME:
DESCRIPTION:
1. Reason for Change: Why is the change required?
2. Description of Change: Provide details of the changes to the Work
3. Change in Work Order Price:
4. Change in Work Order Time:
ORIGINAL WORK ORDER PRICE $ .00
TOTAL APPROVED/PENDING CHANGE ORDERS .00
TOTAL THIS CHANGE ORDER .00
TOTAL CHANGE ORDER % OF ORIGINAL WORK ORDER %
ADJUSTED WORK ORDER COST $ .00
Contractor: Date:
ACCEPTANCE: Date:
City Project Manager
REVIEWED: Date:
Buyer
ACCEPTANCE: Date:
Purchasing Director (if greater than $60,000)
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EXHIBIT E
CONFIDENTIALITY
IN CONNECTION WITH THE SERVICES to be provided by Contractor under this Agreement, the parties
agree to comply with reasonable policies and procedures with regard to the exchange and handling of confidential
information and other sensitive materials between the parties, as set forth below.
1. Definitions.
For purposes of this Agreement, the party who owns the referenced information and is disclosing same shall be
referenced as the “Disclosing Party.” The party receiving the Disclosing Party’s information shall be referenced
as the “Receiving Party.”
2. Confidential Information.
Confidential Information controlled by this Agreement refers to information that is not public and/or is proprietary,
including but not limited to location information, network security system, business plans, formulae, processes,
intellectual property, trade secrets, designs, photographs, plans, drawings, schematics, methods, specifications,
samples, reports, mechanical and electronic design drawings, customer lists, financial information, studies,
findings, inventions, ideas, City customer identifiable information (including account, address, billing,
consumption, contact, and other customer data), utility metering data, service billing records, customer equipment
information.
To the extent practical, Confidential Information shall be marked “Confidential” or “Proprietary.” Nevertheless,
Contractor shall treat as Confidential Information all customer identifiable information in any form, whether or not
bearing a mark of confidentiality or otherwise requested by the City, including but not limited to the non-exclusive
list of Confidential Information above. In the case of disclosure in non-documentary form of non-customer
identifiable information, made orally or by visual inspection, the Disclosing Party shall have the right, or, if
requested by the Receiving Party, the obligation to confirm in writing the fact and general nature of each disclosure
within a reasonable time after it is made in order that it is treated as Confidential Information. Any information
disclosed to the other party before the execution of this Agreement and related to the services for which Contractor
has been engaged shall be considered in the same manner and be subject to the same treatment as the
information disclosed after the execution of this Agreement with regard to protecting it as Confidential Information.
3. Use of Confidential Information.
Receiving Party hereby agrees that it shall use the Confidential Information solely for the purpose of performing
its obligations under this Agreement and not in any way detrimental to Disclosing Party. Receiving Party agrees
to use the same degree of care Receiving Party uses with respect to its own proprietary or confidential information,
which in any event shall result in a reasonable standard of care to prevent unauthorized use or disclosure of the
Confidential Information. Except as otherwise provided herein, Receiving Party shall keep confidential and not
disclose Confidential Information. The City and Contractor shall cause each of their directors, officers, employees,
agents, representatives, and Subcontractors to become familiar with, and abide by, the terms of this Exhibit, which
shall survive this Agreement as an on-going obligation of the parties.
Contractor shall not use such information to obtain any economic or other benefit for itself, or any third party, other
than in the performance of obligations under this Agreement.
4. Exclusions from Definition.
The term “Confidential Information” as used herein does not include any data or information which is already
known to the Receiving Party or which before being divulged by the Disclosing Party: (a) was generally known to
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Official Purchasing Document
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the public through no wrongful act of the Receiving Party; (b) has been rightfully received by the Receiving Party
from a third party without restriction on disclosure and without, to the knowledge of the Receiving Party, a breach
of an obligation of confidentiality; (c) has been approved for release by a written authorization by the other party
hereto; or (d) has been disclosed pursuant to a requirement of a governmental agency or by operation of law,
subject to Paragraph 5 below.
5. Required Disclosure.
Notwithstanding Paragraph 4(d) above, if the Receiving Party receives a request (by interrogatories, requests for
information or documents, subpoena, civil investigative demand or similar process, or by federal, state, or local
law, including without limitation, the Colorado Open Records Act) to disclose any Confidential Information, the
parties agree the Receiving Party will provide the Disclosing Party with immediate notice of such request, so the
Disclosing Party may seek an appropriate protective order before disclosure or waive the Receiving Party’s
compliance with this Exhibit.
The Receiving Party shall furnish a copy of this Exhibit with any disclosure.
Notwithstanding this Paragraph 5, Receiving Party shall not disclose Confidential Information to any person,
directly or indirectly, nor use it in any way, except as required by law or authorized in writing by Disclosing Party.
6. Red Flags Rules.
If applicable, Contractor must implement reasonable policies and procedures to detect, prevent and mitigate the
risk of identity theft in compliance with the Identity Theft Red Flags Rules found at 16 Code of Federal Regulations
part 681. Further, Contractor must take appropriate steps to mitigate identity theft if it occurs with any of the City’s
covered information and must notify the City in writing within twenty-four (24) hours of discovery of any breaches
of security or Red Flags to the City.
7. Data Protection and Data Security.
Contractor shall have in place information security safeguards designed to conform to or exceed industry best
practices regarding the protection of the confidentiality, integrity and availability of Confidential Information and
shall have written agreements requiring any Subcontractor to meet those standards. These information security
safeguards (the “Information Security Program”) shall be materially consistent with, or more stringent than, the
safeguards described in this Exhibit.
(a) Contractor’s information security safeguards shall address the following elements:
• Data Storage, Backups and Disposal
• Logical Access Control (e.g., Role-Based)
• Information Classification and Handling
• Secure Data Transfer (SFTP and Data Transfer Specification)
• Secure Web Communications
• Network and Security Monitoring
• Application Development Security
• Application Security Controls and Procedures (User Authentication, Security Controls, and Security
Procedures, Policies and Logging)
• Incident Response
RFP 10236 Electrical Services Contractor City of Fort Collins Light & Power
Official Purchasing Document
Last updated 5/2025
• Vulnerability Assessments
• Hosted Services
• Personnel Security
(b) Subcontractors. Contractor may use Subcontractors, though such activity shall not release or absolve
Contractor from the obligation to satisfy all conditions of this Agreement, including the data security measures
described in this Exhibit, and to require a substantially similar level of data security, appropriate to the types
of services provided and Confidential Information received, for any Subcontractor Contractor may use.
Accordingly, any release of data, confidential information, or failure to protect information under this
Agreement by a Subcontractor or affiliated party shall be attributed to Contractor and may be considered to
be a material breach of this Agreement.
8. Information Storage. Confidential Information is not to be stored on any local workstation, laptop, or media such
as CD/DVD, USB drives, external hard drives or other similar portable devices unless the Contractor can ensure
security for the Confidential Information so stored. Workstations or laptops to be used in the Services will be
required to have personal firewalls on each, as well as have current, active anti-virus definitions.
9. Continuing Obligation. The agreement not to disclose Confidential Information as set forth in this Exhibit shall
apply during the term of the Services and or Agreement and at any time thereafter unless specifically authorized
by the City in writing.
10. Termination Remedy. If Contractor breaches any of the terms of this Exhibit, in the City’s sole discretion, the City
may immediately terminate this Agreement and withdraw Contractor’s right to access Confidential Information.
11. Return of Information. Notwithstanding any other provision of this Agreement to provide Project Instruments and
work product, all material, i.e., various physical forms of media in which Confidential Information is stored,
including but not limited to writings, drawings, tapes, diskettes, prototypes or products, shall remain the sole
property of the Disclosing Party and, upon request, shall be promptly returned, together with all copies thereof to
the Disclosing Party. Upon return of such materials, all digital and electronic data shall also be deleted in a non-
restorable way by which it is no longer available to the Receiving Party. Upon Disclosing Party’s request, written
verification of the deletion (including date of deletion) is to be provided to the Disclosing Party within ten (10)
calendar days after completion of engagement, whether it be via termination, completion or otherwise.
12. Injunctive Relief. Contractor Receiving Party acknowledges that the Disclosing Party may, based upon the
representations made in this Agreement, disclose security information that is critical to the continued success of
the Discloser’s business. Accordingly, Receiving Party agrees that the Disclosing Party does not have an
adequate remedy at law for breach of this Agreement and therefore, the Disclosing Party shall be entitled, as a
non-exclusive remedy, and in addition to an action for damages, to seek and obtain an injunction or decree of
specific performance or any other remedy, from a court of competent jurisdiction to enjoin or remedy any violation
of this Agreement.