HomeMy WebLinkAboutCORRESPONDENCE - GENERAL CORRESPONDENCE - 2010 REVISION CAPITAL PROJECTS MANUALCity of Fort Collins
CAPITAL PROJECTS PROCEDURES MANUAL
ISSUED: JANUARY 1981
FIRST REVISION: MAY 24, 1988
SECOND REVISION: JANUARY 2005
THIRD REVISION: JANUARY, 2009
FOURTH REVISION: FEBRUARY 2010
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TABLE OF CONTENTS
SECTION 1 – OVERVIEW.............................................................................................. 5
A. Purpose................................................................................................................................................................6
B. Training ..............................................................................................................................................................6
C. Manual Organization.........................................................................................................................................7
D. Conclusion ..........................................................................................................................................................8
SECTION 2 – FINANCIAL POLICIES: ACCOUNTING AND BUDGET ......................... 9
1) Project Accounting...........................................................................................................................................10
2) Accounting Structure.......................................................................................................................................10
3) Funding Sources for the Capital Project........................................................................................................11
4) Project Budgeting.............................................................................................................................................13
E. Additional Financial Policies, Guidelines and Concerns ..............................................................................16
F. Appropriation Status Report and Cashflow Concerns.................................................................................17
SECTION 3 – LAND ACQUISITION............................................................................. 19
A. Land Acquisition..............................................................................................................................................20
SECTION 4 – DESIGN.................................................................................................. 22
A. General..............................................................................................................................................................23
B. Design Phase.....................................................................................................................................................23
C. Procedure..........................................................................................................................................................23
D. Documentation Examples................................................................................................................................25
SECTION 5 – CONSTRUCTION................................................................................... 30
A. Pre-Construction Phase...................................................................................................................................31
B. Construction Phase ..........................................................................................................................................32
C. Documentation Examples................................................................................................................................33
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SECTION 6 – PROJECT CLOSE-OUT, EVALUATION AND MANAGEMENT
REPORTS..................................................................................................................... 36
1) Construction Close-out ....................................................................................................................................37
2) Closeout Report................................................................................................................................................38
3) Documentation Examples................................................................................................................................39
4) Management Reports.......................................................................................................................................42
SECTION 7 – PROFESSIONAL SERVICES SELECTION PROCESS ........................ 43
A. Professional Registration.................................................................................................................................44
B. Selecting Professional Services........................................................................................................................44
C. Procedures for Selection of Professional Services .........................................................................................45
D. Review and Assessment ...................................................................................................................................47
E. Reference Evaluation (Top Ranked Firm).....................................................................................................48
F. Performance Rating.........................................................................................................................................48
SECTION 8 – PURCHASING AGREEMENTS, BIDS, AND CHANGE ORDERS ........ 49
A. Standard City Agreements..............................................................................................................................50
B. Bid Document Preparation and Bid Procedures for Construction Work.....................................................51
C. Change Order Procedures ................................................................................................................................55
SECTION 9 – FEDERALLY FUNDED PROJECTS...................................................... 41
A. General Information........................................................................................................................................42
B. Federal Transit Administration Funded Projects.........................................................................................42
1. Cost/Price Analysis for FTA Funded Projects ..............................................................................................42
2. Disadvantaged Business Enterprise ...............................................................................................................43
C. Federally Funded Construction Projects over $2000 and the Davis-Bacon and Copeland Anti-Kickback
Acts.........................................................................................................................................................................44
1. Clause Language Davis-Bacon and Copeland Anti-Kickback Acts ............................................................44
APPENDIX A – STANDARD FORMS .......................................................................... 53
1) Change Order Form ........................................................................................................................................54
2) Progress Pay Estimate Form...........................................................................................................................55
3) Application and Certificate for Payment .......................................................................................................56
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D. Evaluation Report on Contractor..................................................................................................................60
E. Evaluation Report on Professional .................................................................................................................61
F. Professional Services Agreement ....................................................................................................................62
G. Professional Services Agreement Work Order Type....................................................................................70
H. Construction Agreement .................................................................................................................................82
I. Notice of Award................................................................................................................................................87
J. Notice to Proceed..............................................................................................................................................88
K. Certificate of Substantial Completion............................................................................................................89
L. Certificate of Final Acceptance.......................................................................................................................90
M. Services Agreement..........................................................................................................................................91
N. Field Report....................................................................................................................................................102
APPENDIX B – ENVIRONMENTAL CHECKLIST...................................................... 103
APPENDIX C – RECORDS MANAGEMENT ............................................................. 108
A. Records Management ....................................................................................................................................109
APPENDIX D – ACCOUNT NUMBERS AND DESCRIPTIONS................................. 110
APPENDIX E – GRANT PROCEDURES.................................................................... 113
GLOSSARY OF TERMS............................................................................................. 117
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SECTION 1 – OVERVIEW
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SECTION 1 – OVERVIEW
A. Purpose
The Capital Projects Procedures Manual formally describes administrative and
operational procedures by which the City of Fort Collins will guide the design and
construction of its capital projects. Procedures are established for each phase of a
Capital Project. The procedures delineate the various steps necessary in managing the
project. The Manual is not intended to be a guide on how to inspect, schedule, or
negotiate work nor spell out in detail how to manage the project on a day-to-day basis.
B. Training
A capital project must be managed by a qualified Project Manager. Following are the
minimum criteria required to manage a capital project:
Attendance in a two-day course in Project Management
Attendance in a four (4) hour training course in the use of the Capital Projects
Procedures Manual
Engineering degree or equivalent education and experience
Mentoring by a qualified City Project Manager for a minimum of two projects
A letter of recommendation from the appropriate supervisor for independent
project management
Shall be familiar with departmental polices, procedures and guidelines
Project managers of projects requiring third party consent are strongly
encouraged to complete the course titled Systematic Development of
Informed consent (SDIC) or equivalent training
Environmental Regulations related to City of Fort Collins Capital Projects
presented annually by the Regulatory and Government Affairs Division
Each department will be responsible for assuring the above-mentioned training occurs.
Administrative Services will assign the individual responsible for giving the training to
new Project Managers in the use of this manual.
It is in the City’s best interest to assign qualified individuals to manage capital projects.
The assignment should be based upon the Project Manager’s experience in project
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management, the complexity of the project, the time working with this manual, and the
time working in the City system.
C. Manual Organization
The Manual contains the following sections:
Section 2 -- Financial Policies: Accounting and Budget
Included in Section 2 are Accounting and Budget guidelines and requirements
associated with City capital improvement projects. A thorough understanding of the
financial information will assist Project Managers in developing project budgets and
provide guidelines enabling them to accurately account for their project costs. The
Accounting and Budget Divisions are also able to provide project reports to assist
Project Managers.
Section 3 -- Land Acquisition
Section 3 provides Project Managers with the steps, schedules, and responsibilities
relating to acquiring land as a part of a capital project. The City’s Real Estate Services
Office plays a key role in assisting Project Managers. Real Estate Services offers
assistance with easement and fee acquisitions, value estimates, closings, title searches,
and eminent domain proceedings
Section 4 -- Design
The design phases facilitate the orderly development of a project, which may include
conceptual, preliminary, and final designs. Each phase may involve specific tasks for
the Project Manager and identifiable decision points upon which City Management
and/or City Council may need to act.
Section 5 -- Construction
The section dedicated to construction identifies the responsibilities and procedures
utilized in both the pre-construction phase, including a “Pre-Construction Conference
Checklist”, and the construction phase of project management. Interdepartmental
project tasks are highlighted and administrative procedures identified, where applicable.
Section 6 -- Project Close-out, Evaluation, and Management Reports
This section provides Project Managers with information with respect to closing capital
projects and developing project documentation and history for future reference. Topics
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include project inspection, preparation of final pay estimates, advertisement for final
settlement, claims and claims resolution, final settlement, and preparing a close-out
report. In addition, this section contains a brief discussion on reports which Project
Managers may use to inform management regarding the status of projects and
procedures for making changes to this manual.
Section 7 -- Professional Services Selection Process
Section 7 provides Project Managers with an understanding of the City’s procedures for
selecting professional services. The selection process is administered by the City’s
Purchasing Division, with the assistance of Project Managers.
Section 8 -- Purchasing: Contracts, Bids, and Change Orders
Section 8 provides information on standard City contracts which can be used for capital
projects, as well as procedures to guide Project Managers through the City’s bid
process and understanding change orders.
Appendix A – Standard Forms
Appendix B – Environmental Checklist
Appendix C – Records Management
Appendix D – Account Numbers and Descriptions
Appendix E - Grant Procedures
Glossary
D. Conclusion
In summary, this manual is the guidance document to be used by Project Managers and
other City personnel who perform project management duties. Department heads and
higher level managers who are involved in capital projects management should be
familiar with this manual. The procedures are designed to help Project Managers
develop capital projects in an orderly manner and to obtain timely decisions from
management. The procedures provide visibility of key project events and milestones to
assist management in making timely decisions relative to critical phases of the project.
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SECTION 2 – FINANCIAL POLICIES: ACCOUNTING AND BUDGET
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SECTION 2 – FINANCIAL POLICIES: ACCOUNTING AND BUDGET
1) Project Accounting
For purposes of accounting, the minimum requirements of a Capital Project are as
follows:
Require more than one year to complete (Capital Project funds do not
lapse at years end.)
Are funded wholly or in part by tax supported or tax increment bond
issues, intergovernmental revenues, operating revenues or major private
donations (The purpose here is to ensure that revenues dedicated to a
certain purpose are used for that purpose and no other.)
Have a definite beginning and end as contrasted to continuous
maintenance
Involve a design and/or construction contract with outside forces or other
City Departments
Require the creation of an appropriate budget of at least $50,000
Projects that meet the above requirements must follow the Accounting Guidelines
outlined in this Section. Although, not required, these Accounting Guidelines are
also recommended for projects that do not meet the above minimum requirements.
Funds with Capital Projects
All non-proprietary projects will be budgeted and accounted for in a Capital Projects
Fund. The Capital Projects Fund is a non-lapsing fund. Projects in the Utilities, Golf
and Internal Service funds will remain in those funds and also recorded as non-
lapsing activity.
2) Accounting Structure
Every project must have its own account codes assigned by the accounting division.
The account code is defined below:
######## ###### #
BUSINESS UNIT OBJECT SUBSIDIARY
Example:
400502000 561010 4
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Business Unit
The BUSINESS UNIT identifies the specific project.
Examples:
400502000 Office Building at 215 N. Mason
400502200 Police Facility
Object
The OBJECT identifies the type of expenditure activity that is charged to the project.
Examples:
521110 Architectural Services
521120 Design Services
521130 Engineering Services
521140 Project Management Services
521150 Surveying Services
521160 Testing Services
521170 Utility Locate/Relocation Serv
521210 Consulting Services
52999 9 Other Prof & Tech Services
For a complete listing of objects used by Facility Project Managers see Appendix D
pages 104 to 105. Some service areas may use different objects not reflected in
the Appendix and may contact the accounting dept for questions about those
objects.
Subsidiary
The SUBSIDIARY identifies the following phases of a capital project. Following are
the numerical sequences used for the assignment of subsidiary numbers:
0 - General
1 - Conceptual Design
2 - Preliminary Design
3 - Final Design
4 - R.O.W./Land Acquisition
6 - Construction
9 - Contingency
3) Funding Sources for the Capital Project
There are several sources and methods for funding capital projects.
Transfers from Other Funds
Transfer from other funds is the most common method of funding. The Project
Manager is responsible to maintain a regular dialogue with the Financial
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Coordinator/ Fund Manager to assure that any changes in either the amount of
funding, the scope of the project, or cost overruns are addressed as soon as
possible.
Dedicated Sales and Use Taxes
Dedicated Sales and Use Taxes are approved by the voters to fund specific projects.
The Project Manager’s responsibility is to review the monthly appropriation report
and monitor that the underlying dedicated sales and use taxes have been collected
prior to utilizing the appropriation in the capital project. Finance and Budget will
keep Project Managers apprised of the fiscal outlook for the related dedicated sales
and use taxes.
Federal and State Grants
Federal and State Grants are funded on a reimbursable basis. Billings are
submitted to the grantor either monthly or quarterly as allowed by the grant contract.
The Project Manager is responsible to ensure that billings occur on a timely basis as
stipulated by the grant. In addition, the Project Manager is responsible to discuss
with Finance and Budget what temporary funding source is available until the grant
billing is collected. There are other requirements pertaining to grants that the Project
Manager should review. These pages can be found in Appendix E on pages 107 to
111.
Long-Term Financing
Long-Term Financing is funding in the form of bonds and certificates of participation
(“COPS”). The Project Manager must be aware of the following two fundamental
legal requirements related to the use of long-term financing:
Use. It is critical that the long-term financing proceeds be used as
outlined in the official statement. If it is later determined that the long-term
financing proceeds were used in a manner other than that defined in the
official statement the City would be in violation of its bond covenants.
Therefore, if excess funds are available after completion of the project(s),
contact the Finance Department immediately to discuss how the
remaining funds should be utilized.
Time Period. The IRS allows for a set period of time in which the
proceeds from the Long-Term Financing must be spent. Typically, this
time period is 3 years from the delivery date. The Project Manager is
responsible for maintaining a dialogue with the Finance Department if the
project will not be completed within the 3 year period.
Other Sources
Other sources of funding include: investment income on dedicated sales and use
taxes and long-term financing proceeds, donations other than Federal and State
Grants, various fees, and in-kind contributions of labor and materials. Generally, the
investment income will be appropriated in the subsequent year from which it was
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earned. The Project Manager is responsible for monitoring in-kind contributions for
any matching or other requirements. Additionally, the Project Manager is
responsible to review the monthly appropriation report to ensure that the various
fees are collected.
The Project Manager should also be aware of the hierarchy of funding sources if
more than one exists for that project. As a general rule, Accounting will utilize all
other available funding sources before drawing upon dedicated sales and use taxes
or transfers from another fund. If the Project Manager has a project with several
funding sources, it is the Project Managers responsibility to discuss with Accounting
and Budget the timing of when certain funding sources are expected to be available.
Project Managers must notify Accounting and Budget if fees or grant
reimbursements are not being collected as anticipated. If necessary another funding
source will have to be identified or activity on the project will be suspended until the
funding of the project is resolved.
Once all project funding sources have been identified, the procedures for implementing
the budget process can begin.
4) Project Budgeting
Financial Management Policies
The City’s Financial Management Policies are a tool, available to Project Managers,
providing them with guidelines for budget preparation and long range financial
planning, including a Capital Improvement Policy. The policy states that:
The City will develop a multi-year plan for capital improvements and update it
annually.
The budget document presents the City=s recommended capital
improvement program for a given biennium. While the budget is biennial, the
City=s budget is reviewed and appropriated annually. Capital improvement
financial information is projected for a five-year period. In addition, the City
prepares a 10-Year Capital Plan and Inventory.
The City will identify estimated costs and funding sources for each capital
project requested before it is submitted to the City Council.
Council may approve appropriations for capital projects during the budget
process or Aoff-budget@, at any time during the year. Council is not asked to
approve any project for which a funding source has not been identified.
All City capital improvement projects will be administered in accordance with
The City=s Capital Projects Procedures Manual.
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This Capital Projects Procedures Manual serves as a guide to Project
Managers regarding administrative and operational procedures to be used in
the design and construction of the City=s capital projects.
All City capital improvements will be constructed and expenditures incurred
for the purpose as approved by City Council.
The scope (project description) and estimated cost (budget) of capital
improvements are relayed to City Council, prior to, or at the time they are
asked to approve funding for a project. Additional funding or changes to the
scope of an approved capital project must be approved by City Council.
The City will use a variety of different funding sources to fund capital projects,
with an emphasis on the Apay-as-you-go@ philosophy.
The City=s current capital improvement program is funded from a variety of
different sources, as described in Section 5C of this document. The Apay-as-
you-go@ philosophy: 1) avoids additional City costs due to interest 2) assures
all revenue collected is available for projects; and 3) provides a conservative
approach to capital budgeting. However, long-term financing is a viable
funding source which the City has used and will continue to do so for certain
improvements.
Funding for operating and maintenance costs for approved capital projects
must be identified at the time projects are approved.
Project Managers are responsible for identifying: 1) additional operation and
maintenance costs (O&M) associated with new capital projects; 2) funding
sources for the O&M; and 3) developing a plan for including new O&M in the
City’s budget
The Budget Process
The Budget Process provides Project Managers with the legal basis for spending
resources on their proposed capital improvement projects. Appropriations are the
legal authorization granted by City Council to make expenditures and incur
obligations, and an appropriation ordinance, approved by City Council, is the vehicle
by which appropriations are made legal. Appropriation ordinances require two
readings by the City Council and become effective the 10th day following passage of
the ordinance.
Capital Project Appropriations
Capital project appropriations, which do not lapse until completion of the project,
require City Council’s approval and are subject to the following City Charter
requirements:
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Appropriation of funds for capital projects shall be summarized by project.
No appropriation shall be made which exceeds the revenues, reserves, or
other funds anticipated or available at the time of the appropriation.
Supplemental appropriations may be made at any time during the fiscal year
provided that the requested appropriation does not exceed the current
estimate of actual and anticipated revenues for the fiscal year; or provided
that funds requested for appropriation are available in the form of prior year
reserves within a fund.
Appropriations may be transferred from one fund or capital project to another
fund or capital project, provided that: 1) the purpose for which the transferred
funds are to be expended remains the same; 2) the purpose for which the
funds were initially appropriated no longer exists; or 3) the proposed transfer
is from a fund or capital project in which the amount appropriated exceeds the
amount needed to accomplish the purpose as originally appropriated.
City Financial Accounting System Requirements
Capital project appropriations, upon approval, may be loaded on the City Financial
Accounting System in a "contingency" or other sole line item. However, at the time
improvements are to begin, Project Managers must develop a line item budget and
transfer appropriations, on the City Financial Accounting System, to the applicable
line items. Project expenditures should be charged against the applicable budget
line items.
Art in Public Places
On April 25, 1995, the City Council adopted Ordinance No. 20, 1995, establishing
legislation creating an Art in Public Places program. The thrust of the Art in Public
Places (APP) program is to levy and set aside for public art an amount equivalent to
1% of every eligible capital project that costs in excess of $250,000. The APP
program establishes procedures and guidelines for the acquisition of art by the City
and to ensure that public art is integrated into City capital projects. Contributions for
non-proprietary capital projects must be appropriated for transfer within the capital
project, to the Art in Public Places reserve account in the Cultural Services and
Facilities Fund. Proprietary fund contributions towards APP are budgeted in the
appropriate proprietary fund. Please contact the Visual Arts Coordinator at the City’s
Lincoln Center (X2789) if you have questions about APP or how it may impact your
project.
If you have questions regarding capital projects budgets, please call the Budget and
Research Office at extension 6530.
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E. Additional Financial Policies, Guidelines and Concerns
1. Capitalization Policies
The Project Manager will be contacted by the City’s Finance Department to discuss
capital assets created by the project. The capital asset(s) will be identified and
valuations assigned based upon information contained in the Contractor’s Schedule
of Values and a discussion with the Project Manager. The 56XXXX series of
accounts should only be used for land acquisition, and/or the purchase of
equipment, rolling stock, furniture, etc. It should not be used for either the lead or
any other contractor performing construction or other services on the project. Any
land acquisitions, and/or the purchase of equipment, rolling stock, furniture, etc. will
be capitalized by the Finance Department in the year expended.
The City’s Finance Department will capitalize a project in the year in which the
Certificate of Occupancy is issued. For non-facility projects, Finance will capitalize
the improvement in the year it is operational and available for service. Finance
recognizes that the Capital Project may remain open to address items that arise
during the warranty period after final retainage has been paid to the lead contractor.
2. Expenditure Guidelines
Only costs directly related to the Capital Project are to be charged to the project.
These costs would include the costs of the contractors performing the project, the
cost of related materials, and the cost of City Staff working directly on the project as
well as City Project Management (i.e., PMPD) overseeing the project.
The project should not incur any costs related to rolling stock unless that vehicle or
piece of equipment is exclusively assigned to the project during both construction
and operation of the facility (i.e. the Zamboni for the Second Sheet of Ice).
The costs of meals should be limited to events to which the General Public is invited
(i.e., Ground Breaking and Grand Opening Ceremonies). Occasional design/
construction meetings with the contractor would also be allowed to the extent that
their frequency would not be viewed as abusive if the expenditure records were
requested by the General Public and/ or local media. Under no circumstance should
meals at an event/meeting that was attended by only City staff be charged against
the project.
3. Maintenance Concerns
All completed projects have unique maintenance issues. The Project Manager is
responsible for coordinating meetings during construction to identify those needs.
The Project Manger will schedule meetings with City maintenance personnel during
construction intervals to identify all subsystems.
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The following are examples of various subsystems currently monitored by the
Maintenance Division of Operations Services:
Johnson Controls Boilers
Elevators UPS Equipment
Auto Doors Heat Pumps
Air Chillers Heat Exchangers
Air Handlers Roof Top Units
Chillers Water Heaters
Other types of capital projects also have maintenance concerns. Examples of these
subsystems and components are as follows:
Park Systems: Lifecycle items - ballcourts, restrooms, picnic shelters,
etc.
New Streets: Pavement Management- medians, irrigation systems,
etc.
Traffic Systems: Mast arms, controllers, traffic signals, etc.
Information Technology: Computer Servers: Voice/data lines, fiber optic, etc.
F. Appropriation Status Report and Cashflow Concerns
a) Appropriation Status Reports
The purpose of the Appropriation Status Report is to accurately convey the status of
a project in relation to total project budget. The Project Manager is responsible to
verify the initial objects and accounts created by accounting for the project. If there
are any errors, Accounting and Budget should be contacted immediately.
b) Cashflow Concerns
The Project Manager is responsible to review the monthly Appropriation Status
report to monitor both the expenditure and revenue activity within a project.
When monitoring expenditure activity the Project Manager is responsible to identify
any unusual costs and/or charges from unfamiliar vendors being charged to the
project. When monitoring revenue activity the Project Manager needs to verify that
timely billings have been prepared for various fees or grant reimbursements. This is
especially critical when all other funding sources have been exhausted. Project
Managers are responsible to immediately contact the Department, and/or
Accounting and Budget on questionable amounts on the Appropriate Status Reports.
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c) Last Minute Payment Requests
If an out-of line wire exceeding $100,000 needs to be prepared for a vendor the
City’s Assistant Treasurer should be contacted to make the appropriate
arrangements.
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SECTION 3 – LAND ACQUISITION
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SECTION 3 – LAND ACQUISITION
A. Land Acquisition
The purpose of this Section is to define the steps, schedules, and responsibilities in the
Land Acquisition Component of a capital project.
The sequence of land acquisition tasks for each design phase is outlined below:
a) Conceptual Phase
If a “building” is to be constructed, as soon as Council approves the concept and
funds are available, all land acquisition steps are accelerated to the preliminary
design stage.
Information Real Estate Services Office needs:
o General design parameters
o The need for land acquisition (defined as to type and size of taking)
Real Estate Services Office:
o Makes joint field trip with engineers
o Prepares preliminary land/easement acquisition cost estimate
b) Preliminary Design Phase
Information Real Estate Services office needs:
o Decision to perform acquisition work in-house or by consultant
o Identification of land acquisition needs
o Identification of need for survey
o Preliminary alignment sketch or site plan
Real Estate Services Office or consultant:
o Estimates schedule for acquisition
o Obtains legal descriptions for property ownership
o Reviews title commitments to ascertain legal ownership
o Contacts property owners for their input/needs
o Obtains knowledge of owners attitude toward the project/acquisition
c) Final Design Phase
Information Real Estate Services or consultant needs:
o Specific land acquisition requirements
-- Legal description of the acquisition
-- Plat/survey of the acquisition showing existing improvements,
landscaping, etc.
-- Approved construction plan when available
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Real Estate Services Office or consultant:
o Prepares estimates of value and/or order appraisals
o Negotiates with property owner
o Manages closing and recordkeeping
It is important for the Project Manager to understand the time schedules involved from
this point on.
If the property requested can be obtained on a willing seller/willing buyer
basis, the process could be concluded within 60-180 days. This includes
Council approval if the Council has not previously appropriated the funds
necessary for the purchase of the property.
If the property requested cannot be obtained on a willing seller/willing buyer
basis, the process will take a considerably longer period of time. If
condemnation is required, an additional 180 days or more, would be needed
in the project schedule.
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SECTION 4 – DESIGN
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SECTION 4 – DESIGN
A. General
The project design phases are vital to the proper development of a project scope,
budget, and schedule. All capital improvements have needs and wants. It is during the
design phases that these needs and wants are defined and evaluated based upon the
most cost-effective methods of construction. In general, capital improvements should
not be designed around a predetermined budget. Each design phase builds upon the
prior design phase. As the capital improvement requirements become more defined, the
project budget can be defined, and the overall schedule of improvements becomes
realistic. It is the intent of this Capital Projects Procedures Manual to allow the Project
Manager to develop the capital improvement using appropriate planning. The Project
Manager may need to present this information to Management and/or City Council for
final direction and the appropriation of funds. Further, the Manual specifies the various
decision points and milestones to assist Management, the City Manager, and the City
Council in making decisions relative to the project.
B. Design Phase
The project design process generally includes three phases: (1) conceptual design; (2)
preliminary design; and (3) final design. There will be some cases where the orderly
development of the project will be most effectively accomplished by combining or
waiving the distinct design phases.
For example, the conceptual design of some capital facilities is often accomplished as
part of a special study or master plan and a conceptual phase report would be
repetitious. The scope and complexity of other projects might indicate the need to
combine phases. The design of a small parking lot, for example, could be facilitated by
combining the preliminary and final design phase. Projects which are essentially
maintenance programs, such as the street rehabilitation program may require only a
final design phase. Small repair and minor remodel work or construction projects, such
as the reconstruction of a small intersection, may have extremely limited design
alternatives. In such cases, a final design phase might be sufficient. The Project
Manager can best evaluate the desirability of waiving or combining design phases.
C. Procedure
In most instances, with the exception of very large or complex projects, the Conceptual
Phase work will be performed in-house with City forces. The report developed by the
Project Manager at the end of this phase will be the basis for the decision to proceed
further with the project.
Review Assignments. The design phase is initiated when the Project Manager
receives the Assignment of Project Responsibility from their supervisor or
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Department Head instructing them to begin work on the project. This written
directive will include the type of project, the goals and objectives of the
project, the scope of the project, the amount of funds budgeted for the design
phase and project, the responsibilities and authority unique to the project, and
whether administration time (Project Managers time) will be charged to the
project. The Project Manager should review the written directive to ensure
that they clearly understand the task and scope of work they are expected to
accomplish. If necessary, they should seek clarification of any points that are
unclear or confusing.
Obtain Project Identification Number. The Project Manager or representative
contacts the Budget and Research Office and requests that a project number
be assigned to the specific project.
Professional Design Services. Many Capital Projects require the services of
an outside design professional. It is the responsibility of the Project Manager
to prepare the “Request for Proposal” (RFP), be familiar with Professional
Design Service Agreements, and coordinate the Professional Services
Selection Process with Purchasing.
Refine Scope of the Project. The Project Manager determines in general
terms what the project consists of; i.e., structures, pipelines, earthwork, etc.
Define General Parameters and Land Acquisition Needs. The Project
Manager develops the major design factors involved with the project and also
identifies any need for land acquisition or easements.
Contact Purchasing to discuss contracting methods.
Check Comprehensive Plans and Community Impacts. The Project Manager
reviews for compliance with any master or comprehensive plans of the City of
Fort Collins as well as the Planning and Zoning requirements. The Project
Manager will address Environmental Issues associated with the project. The
Natural Resources Department personnel will be available to assist the
Project Manager with a project review based upon the Environmental
Checklist in Appendix B.
Coordination is required with other entities including but not limited to: City
departments and all utilities within proposed project area
Consideration for coordination may include public outreach, railroad
companies, various county and state agencies, Colorado State University and
other permitting entities.
Prepare Summary Work Breakdown Structure. Based upon the objectives
and scope of the project, the Project Manager prepares a summary work
Capital Projects Procedures Manual -- January, 2009 Page
25
breakdown structure for the project. A work breakdown structure breaks down
the project into its work activities. The work breakdown structure serves as
the basis for integrating project scope, schedule, and cost. This breakdown
will be carried through as the major planning tool throughout the project from
the initial stages through construction and closeout.
Prepare Summary Project Milestone Schedule. The Project Manager
prepares a milestone schedule for the remaining design and construction of
the project. The schedule should show alternatives such as design of the
project in-house or by an outside professional, and the effects these
alternatives may have on the project schedule. The schedule should be
realistic and should take into account the present and proposed workload of
the in-house staff or professional. Milestone schedules shall include realistic
start/finish dates and any contingency time. The milestone schedule will
present a summary of the major activities of the project and major decision
points that result in completion of the project by the specified date. It serves to
focus management attention on the major activities of the project and also
serves to report the status of the project without going into a detailed
schedule. The Project Manager shall publish a Project Milestone Schedule for
Management and any parties which could be affected by the activities. Many
factors outside the control of the Project Manager can impact meeting this
milestone schedule. Once the Project Manager realizes the overall milestone
schedule will change, management and the other parties will be informed.
Prepare Summary Cost Estimates. Based upon the work breakdown
structure and the milestone schedule, the Project Manager shall prepare a
cost estimate and, if appropriate, operation and maintenance costs for the
entire project. An example of this estimate can be prepared either by the
Project Manager and/or with assistance from outside professionals. This
estimate shall be in such detail to identify all costs to perform the entire
project including remaining design work and construction costs.
Design Phase Report. At the Conclusion of the above activities, the Project
Manager prepares a report for the Department Head.
D. Documentation Examples
Examples of the Documentation Reports follow:
. . .
. . .
. . .
.
Capital Projects Procedures Manual -- January, 2009 Page
26
Project Design Report
Example 1 – Design Report
DATE: < fill in date here>
TO: < insert name of Department Head here>
DEPARTMENT HEAD
FROM: < insert name of Project Manager here>
PROJECT MANAGER
RE: < insert Project #> < insert Project Title here>
PROJECT # PROJECT TITLE
GOALS AND OBJECTIVES:
SCOPE OF WORK:
MILESTONE SCHEDULE:
RECOMMENDATIONS:
BUDGET SUMMARY:
GENERAL COMMENTS:
< A short summary of the goals and objectives of the project.>
< A short summary of the project scope of work.>
< A short summary of milestone schedule.>
< A short summary of the project recommendation to proceed or not to proceed or
explain any issues that needs to be resolved.>
< A short summary of the project budget.>
< Any other comments regarding the project.>
Capital Projects Procedures Manual -- January, 2009 Page
27
Project Milestone Schedule
Example 2 – Project Milestone Schedule
ISSUED: <Date>
REVISED: <Date>
< insert Project #> < insert Project Title here>
PROJECT # PROJECT TITLE
Notes: The schedule format can be adjusted to match the project.
The project schedule can be in a CPM format, depending upon how the Department wants to present it.
The schedule can include more detail.
ITEM DATE
CITY COUNCIL APPROVAL <MM/DD/YY>
REAL ESTATE SERVICES <MM/DD/YY>
Purchase Land <MM/DD/YY>
◦ Associated Easements <MM/DD/YY>
FINANCING <MM/DD/YY>
DESIGN AND CONSTRUCTION <MM/DD/YY>
Start RFP for Design Services <MM/DD/YY>
◦ Solicit Design Services <MM/DD/YY>
Receive Proposals <MM/DD/YY>
Notice to Proceed- Design Services <MM/DD/YY>
Complete Preliminary Design <MM/DD/YY>
Begin Final Design <MM/DD/YY>
Complete Final Design <MM/DD/YY>
Out to Bid <MM/DD/YY>
Receive Bids <MM/DD/YY>
Notice to Proceed-Construction <MM/DD/YY>
Complete Construction <MM/DD/YY>
CLOSE OUT PROJECT <MM/DD/YY>
Capital Projects Procedures Manual -- January, 2009 Page
28
PROJECT MANAGER
ARCHITECT/
ENGINEER
CONTRACTUAL
SERVICES
CONSTRUCTION
CONCEPTUAL PRELIMINARY
&
Final Design
CONSTRUCTION
ADMINISTRATION
PROJECT
CLOSE-OUT
AS-
BUILTS
TEXT
TEXT
TEXT
TEXT
TEXT
TEXT
SOILS
INVESTIGATION
SURVEYING
MAPPING
TESTING
GENERAL
CONTRACTOR
OFFICE
FURNISHING
&EQUIP
DEVELOPMENT
& LANDSCAPE
Example 3 -- Project Work Breakdown Structure
Capital Projects Procedures Manual -- January, 2009 Page
29
Project Budget
Example 4 – Project Budget
< insert Project #> < insert Project Title here>
PROJECT # PROJECT TITLE
ITEM BUDGET
DESIGN………………………………………………………
<$__________>
CONSTRUCTION…………………………………………… <$__________>
Facilities/Buildings ………………………………………. <$__________>
Site Improvements .………………………………………. <$__________>
Off Site Improvements…………………………………… <$__________>
Development Fees………………………………………… <$__________>
Misc. Costs……………………………………………….. <$__________>
OFFICE FURNISHING……………………………………… <$__________>
OFFICE EQUIPMENT………………………………………. <$__________>
CAPITAL TOOLS AND EQUIPMENT………………………… <$__________>
REAL ESTATE………………………………………………. <$__________>
SURVEY AND TESTING………………………………………. <$__________>
DESIGN.CONSTRUCTION MANAGEMENT…………….. <$__________>
CONTINGENCY……………………………………………. <$__________>
SUBTOTAL <$__________>
1% ART IN PUBLIC PLACES……………………………… <$__________>
TOTAL PROJECT COST <$__________>
This is a sample format. It can be revised to meet the needs of the Service Area and
Type of Project.
The Operating and Maintenance should be included, when it is a new project or
the request is being made to fund the project.
Capital Projects Procedures Manual -- January, 2009 Page
30
SECTION 5 – CONSTRUCTION
Capital Projects Procedures Manual -- January, 2009 Page
31
SECTION 5 – CONSTRUCTION
A. Pre-Construction Phase
1. Description
The Pre-Construction Phase of the project begins when the working drawings are
ready for bid. The activities that take place during the Pre-construction Phase are
more complex and require more coordination than any other phase in the entire
system. Numerous City officials and departments may have responsibilities related
to this phase, or may be affected by actions taken during this phase. The Project
Manager must be aware of the responsibilities of other departments regarding the
project, and ensure that the project is administered according to schedule and in
accordance with the applicable City codes, policies and procedures.
2. Responsibilities/Work Flow
Check for Funds Availability. The Project Manager must ensure that funds
for the estimated cost of the project are available. If they are not, then the
Project Manager must initiate action to transfer funds into the project
account according to the Project Accounting Subsystem or secure funds
by City Council appropriation.
Land Acquisition Contracts. The Project Manager requests that Real
Estate Services execute the necessary easements and land acquisitions
agreements. Generally at this stage, this would be a formality since all
negotiations should have been conducted and concluded during the Final
Design Phase. All Land Acquisition contracts or Possession and Use
Agreements shall be executed before the project can proceed.
Initiate Requisition for Project and Assemble Contract Documents. The
Project Manager is responsible for initiating the purchase requisition and
necessary construction bid documents. During this period, the Purchasing
Division is responsible for the prompt solicitation of bids in accordance
with the Bid Document Preparation and Bid Procedures Subsystem.
Evaluate Bids. Upon the receipt of bid tabulations from the Purchasing
Division, the Project Manager shall thoroughly review the bids and
evaluate them from a technical and business standpoint. The Project
Manager shall make a recommendation to the Purchasing Division on the
lowest responsible and responsive bidder. If any clarifications or
negotiations concerning bids are necessary, the Purchasing Division
should be consulted. Any matter regarding legal interpretations shall be
directed to the City Attorney’s Office.
Obtain Contractor Signature on Contract Documents. The Purchasing
Agent issues the Notice of Award and transmits sufficient copies of the
contract documents to the Contractor for signature and inclusion of
appropriate bonds, insurance statements, etc. When these are received
Capital Projects Procedures Manual -- January, 2009 Page
32
from the Contractor, the Purchasing Agent transmits them to the City
Attorney for review before final execution of the contract by the
Purchasing Agent.
Issue Notice to Proceed. After the Project Manager receives copies of the
contract signed by the Purchasing Agent and City Clerk, Project Manager
will issue the Notice to Proceed to the Contractor along with the
Contractor’s copy of the contract.
B. Construction Phase
1. Description
During this phase, the Project Manager’s primary responsibility is to ensure that the
project is constructed in compliance with the contract documents, The Project
Manager needs to have a thorough knowledge of the construction process and
contracts, as well as a good understanding of the techniques of managing
construction projects.
The major components of the Construction Phases are:
Contract compliance.
Quality Assurance
Communication with Management and potentially affected parties
Project /schedule status.
Change control
Project documentation.
2. Key Responsibilities/Work Flow
Review of Contract Documents. The Project Manager must be thoroughly
familiar with the plans, specifications, and general contract provisions in
order to anticipate any problems that arise and to solve them quickly.
Incorporate partnering techniques (see section 8B.3).
Pre-construction Conference. The Project Manager is responsible for
scheduling and conducting a pre-construction conference, or they must
attend this conference if the Architect or Engineer is conducting the
conference. They should conduct the meeting following guidelines of the
Pre-construction Conference Checklist included in this section under
Documentation Examples. The Pre-construction Conference Checklist
should be revised to fit each individual project.
Assist in Obtaining Permits. The Project Manager should remind the
Contractor to contact the proper agencies for obtaining the appropriate
permits for construction.
Receive Contractor Submittals. The Project Manager must impress upon
the Contractor the necessity for prompt submission of their work schedule,
Capital Projects Procedures Manual -- January, 2009 Page
33
estimated payments schedule, and cost breakdown as well as all the
submittals required in the contract documents.
Status/Review Requests for Payment: It is the Project Manager’s
responsibility to review the percentage completion of work, after review by
the Architect or Engineer, using the appropriate document in the contract
specifications.
The Project Manager (and the Architect or Engineer) must verify that the
quantities submitted by the Contractor are correct and that they accurately
reflect the progress of work.
Evaluate and Prepare Change Orders. The Project Manager is
responsible for the evaluation of any change to the contract price or
schedule. In evaluating change order requests, Project Managers are
required to:
o Determine that the proposed change is within the scope of the
project.
o Negotiate a fair and reasonable price for the work
o Provide revised drawings and/or field orders.
o Determine that funds are available to cover the change order.
o Ensure that appropriate authorizations are secured per the Change
Order Authority Table. Change Order procedures are more
thoroughly addressed under the Change Order Subsystem included
later in this Manual.
Maintain Records and Prepare Project Status Reports. The Project
Manager must maintain complete and accurate records of the progress of
work. This can be done by assignment of a resident project representative
to the project, by a representative of the Architect or Engineer, or by the
Project Manager. A daily log of all contractor activities may be provided
using the Daily Field Report.
Reports to Management shall be done in accordance with the
Departments’ requirements.
C. Documentation Examples
Examples of the Documentation Reports required during the Construction Section
follow:
Capital Projects Procedures Manual -- January, 2009 Page
34
Pre-Construction Conference
Checklist
Example 1 – Pre-Construction Conference Checklist
< ####> < INSERT PROJECT TITLE HERE> PROJECT
# PROJECT TITLE
USER DEPARTMENT CONTACT: < USER DEPARTMENT CONTACT>
DEPARTMENT CONTACT: <DEPARTMENT CONTACT>
DATE: <MM/DD/YY>
INTRODUCTIONS:
PRIME CONTRACTOR:
ADDRESS/TELEPHONE:
PROJECT MANAGER:
PROJECT SUPERINTENDENT:
LIST OF SUBCONTRACTORS:
COMMUNICATIONS:
CHAIN OF COMMAND:
CORRESPONDENCE:
ORAL DIRECTIONS:
SCHEDULES:
NOTICE TO PROCEED:
CONSTRUCTION START DATE
PROCESS SCHEDULES
CONSTRUCTION WORK
PROJECT EXPENDITURES
SPECIAL TIME REQUIREMENTS
SAFETY
PERFORMANCE AND PAYMENT BONDS:
INSURANCE:
PERMITS:
Assist in Obtaining Permits. The Project Manager should remind the
Contractor to contact the proper agencies for obtaining the
appropriate permits for construction
RESPONSIBILITY
TYPE
Capital Projects Procedures Manual –January, 2009 Page
35
PAY ESTIMATES:
FORMS:
WORK COMPLETED:
MATERIALS STORED:
SUBMISSION DATES:
FINAL PAYMENTS:
TAXES:
RETAINAGE:
SHOP DRAWINGS AND SUBMITTALS:
Receive Contractor Submittals. The Project Manager must impress
upon the Contractor the necessity for prompt submission of their
work schedule, estimated payments schedule, and cost breakdown
as well as all the submittals required in the contract documents.
NUMBER OF COPIES:
REVIEW PROCESS:
REQUEST FOR INFORMATION PROCESS:
CHANGE ORDERS:
DELAYS AND EXTENSIONS OF TIME:
FIELD COORDINATION:
ACCESS:
NOTIFICATION:
TESTING:
CONTRACTOR:
TYPES:
RESPONSIBILITY:
OPERATION AND MAINTENANCE MANUALS:
SUBMISSION TIME FRAME
NUMBER OF COPIES:
REVIEW PROCESS:
WORK AREA:
INSTALLATION OF OWNER FURNISHED EQUIPMENT:
WARRANTIES:
SPECIAL PROBLEMS:
cc: Contractor
Project File
Capital Projects Procedures Manual -- January, 2009 Page
36
SECTION 6 – PROJECT CLOSE-OUT, EVALUATION AND
MANAGEMENT REPORTS
Capital Projects Procedures Manual -- January, 2009 Page
37
SECTION 6 – PROJECT CLOSEOUT, EVALUATION AND
MANAGEMENT REPORTS
1) Construction Close-out
a) Description
The Construction Closeout begins after the Letter of Substantial Completion has
been issued to the Contractor. The Project Manager’s primary responsibilities
include completing the final progress pay estimate, assuring the project has been
completed according to plans and specifications, and completing the project
documentation file for future audit and reference purposes.
b) Responsibilities/Work Flow
Project Inspection. The Project Manager inspects the project to ensure
all punch list items are corrected and the project meets specifications.
If the project is a building, the Project Manager checks to see that the
Certification of Occupancy has been issued.
Prepare Final Pay Estimates. The Project Manager has the final pay
estimate prepared, including all change orders. This is sent to the
Department Head for approval and then is forwarded to the Accounting
Division. Prior to submitting the final pay estimate to the Accounting
Division, the Project Manager must have received from the Contractor
the Consent of Surety, One Year or other appropriate warranty period,
and the Lien Waiver Release.
Advertisement for Final Settlement: Projects over $50,000 must be
advertised for final settlement. Final settlement must be advertised in
the newspaper at least ten days prior to the final settlement date.
Upon receipt of the final pay estimate form, the Accounting Division is
responsible for the preparation of the notice of final settlement. The
accounting Division representative will need the bid number or work
order number, contractor name and the name of the project to
advertise. The advertisement is then sent to the Coloradoan and must
run for a period of two days.
Claims. If, during the construction of the project and/or during the
advertisement process for final settlement, claims are filed by any
subcontractor, supplier, or any other party that has provided labor,
materials, or other supplies to the Contractor or any subcontractor, the
Project Manager cannot release the claim amount to the Contractor.
Capital Projects Procedures Manual -- January, 2009 Page
38
The party making the claim must file a verified statement of claim with
the City Clerk prior to the time of final settlement, and should consult
with his or her own attorney for advice on how to do so. The Project
Manager shall contact the City Attorney’s office for legal advice
regarding any claims.
Resolution of Claims. Claims are usually resolved through court action
and/or mutual agreement of the parties. If, within 90 days after the
date fixed for final settlement, the City does not receive a notice of lis
pendens indicating that the party making the claim has commenced
legal action to enforce the unpaid claim, the City must release the
withheld amount. If a claim is paid or withdrawn, the party who filed
the claim with the City must file a receipt in full or an order for
withdrawal in writing signed by the party who made the claim. If a suit
is filed, the City shall retain only sufficient funds to ensure payment of
judgments that may result from such suit.
Final Settlement. The Accounting Division issues the final payment
after the appropriate claim period has been satisfied, and after
verifying with the Project Manager that no other work remains to be
completed by the Contractor.
2) Closeout Report
Following the issuance of the final payment to the Contractor, the Project Manager
shall begin to prepare the Closeout Report. Depending upon the project, this report
may be delayed until the expiration date of the warranty period, and/or until such
time all vendors are paid in full. No outstanding encumbrances shall remain in the
overall project budget.
A. The Closeout Report
The report will be a narrative summary of the project and will include, at a minimum,
the following areas:
The goals and objectives. A short description of the purpose of the project.
The scope of the project. A short description of the final scope of work of
the project and any significant changes from the original scope of work.
The project schedule. An overall summary of the project schedule,
including Management and City Council Action, the design schedule, and
the construction schedule. Any significant delays from the original
schedule may be explained.
Capital Projects Procedures Manual -- January, 2009 Page
39
A budget summary. A summary of the overall budget showing the original
budget, any revisions to the budget, the final budget, the final
expenditures, and the balance remaining in the project budget.
Special comments and/or recommendations. The Project Manager shall
make any recommendations regarding problems with the project that
might be prevented in the future and/or any other comments, positive or
negative, about events or issues that impacted the project.
The Project Manager will distribute the Closeout Report to the Department
Head. A copy should be forwarded to the Purchasing Division and the
Budget and Research Division.
The Accounting Division will coordinate the closeout of the financial file
with the Project Manager and the Accounting Division. The project
financial reports are closed out at the end of the year.
The Project Manager will make an evaluation of the Professional and
Contractors on the forms Evaluation Report on Professionals and/or
Evaluation Report on Contractors. These evaluations will be marked
Confidential and identified as letters of reference. The Purchasing Division
will maintain the files of the ratings for City use only.
B. Complete Documentation File
The Project Manager should transfer all historical records of the project to the
appropriate Departments permanent records file according to the City’s Records
Retention Policy.
3) Documentation Examples
Examples of the Documentation Report required under the Closeout and Evaluation
section follow:
Capital Projects Procedures Manual -- January, 2009 Page
40
Close Out Report
DATE: < fill in date here>
TO: < insert name of Department Head here>
DEPARTMENT HEAD
FROM:< insert name of Project Manager here>
PROJECT MANAGER
RE: < insert Project #> < insert Project Title here>
PROJECT # PROJECT TITLE
GOALS AND OBJECTIVES:
SCOPE OF WORK:
PROJECT SCHEDULE:
DESIGN OVERVIEW
CONSTRUCTION OVERVIEW:
PROJECT BUDGET:
< A short summary of the goals and objectives of the project>
< A short summary of the final scope of work of the project. The square footage of the improvement
and/or remodel. The size of the site in square feet and acres. Any other information unique to the
project.>
< A short summary of the final project schedule, including City Council Appropriations.
Explain any major delays, include both the design and construction schedule. >
< A short summary of the design process. Key dates during the design phases like completion of
preliminary design, final design, P&Z approval, LPC approval, or any other information unique to the
project.>
< A short summary of the construction process. Key dates such as notice to proceed, actual start date,
ground breaking, substantial completion, customer move in, any major construction delays, or any other
information unique to the construction of the project.>
< A summary of the project budget including the original budget, the final budget, the total expenditures,
and balance remaining>
Capital Projects Procedures Manual -- January, 2009 Page
41
*FINAL PROJECT COST INFORMATION
ITEM COST COST/SQUARE FOOT
DESIGN
CONSTRUCTION
Facility
Site Improvements
Off Site Improvements
Development Fees
Misc. Costs
OFFICE FURNISHINGS
OFFICE EQUIPMENT
COMMUNICATIONS
OTHER
CAPITAL TOOLS AND EQUIPMENT
REAL ESTATE
SURVEY AND TESTING
DESIGN/CONSTRUCTION MANAGEMENT
CONTINGENCY
1% ART-IN-PUBLIC PLACES
TOTAL
*All projects should follow this format. Adjustments may be made depending on the project.
Capital Projects Procedures Manual -- January, 2009 Page
42
4) Management Reports
a) Requirements
Aside from the internal control forms and documents outlined in previous sections,
the following management reports are an essential part of project management:
Preliminary Design Report.
Final Design Report, if needed.
It will be the responsibility of the Department Head to inform, by a brief report, the
Executive Lead Team (ELT) Member, City Manager, and/or City Council of
appropriate progress and key issues. Each Department Head may establish
reporting formats and frequency to meet individual Departments needs.
b) Revisions
The agency responsible for revisions to the Manual is Administrative Services. Any
Individual or Department can propose a change to the Manual. Changes should be
submitted in writing along with the justification for the change to the representative of
the Purchasing Division. Co-Administrators of the CPPM will be a representative
from the Purchasing Division and a representative from Project Management,
Planning, and Design Division. A meeting of the CPPM Committee shall be
convened to review the proposed change. If the majority agrees, the change will
become part of this Manual.
Capital Projects Procedures Manual -- January, 2009 Page
43
SECTION 7 – PROFESSIONAL SERVICES SELECTION PROCESS
Capital Projects Procedures Manual -- January, 2009 Page
44
SECTION 7 – PROFESSIONAL SERVICES SELECTION PROCESS
This section explains the City’s procedure for selecting Professional Services. The
selection process is administered by Purchasing with assistance from the Project
Manager.
Changes or amendments to Purchasing policies and/or ordinances shall take
precedence. The Project Manager is responsible for preparing a Request for Proposal
(RFP) which will include a detailed Scope of Work, required schedule, and a contract for
these Professional Services (See examples in Appendix A—Standard Forms). They
are also responsible for reviewing and ranking proposals and coordinating any
interviews. After the selection committee makes the final selection, and Purchasing has
approved the selection, the Project Manager notifies the Professional.
Purchasing is responsible for advertising and sending RFP’s to the Professionals and
receiving the proposals.
A. Professional Registration
Professionals shall register to receive proposals via the City of Fort Collins electronic
registration system. Professional shall specify the service categories they are qualified
to do work for.
B. Selecting Professional Services
Professionals will be chosen to provide certain services for specific projects based on
qualifications. Services may include, but are not limited to, consulting, engineering,
architectural design, or construction management.
Professionals may be selected for specific services or multiple unspecified (blanket)
services for similar type projects. Work Order/Blanket service contracts may be
authorized by Purchasing depending on the cost of the work to be performed, the time
period for performing such work, and the type of work. (The RFP should clearly state if
the City intends to contract for blanket services.)
Professionals retained for initial phases of a project may be awarded subsequent
phases of the project if the RFP indicated the selected firm may be retained for the
subsequent work. Any such award would be subject to satisfactory performance and the
City’s interest in continuing the project. All contracts for subsequent work will be
negotiated separately and conform to the standard contract for Professional Services.
Capital Projects Procedures Manual -- January, 2009 Page
45
RFPs should describe the following:
required submittals
scope of work
information available for preparation of submittal
special requirements of the Professional
schedule
contact persons name and phone number
evaluation criteria
Pre-proposal meetings can be used to inform Professionals about project details.
Special requirements, such as mandatory attendance at a pre-proposal meeting, may
be specified in the RFP with concurrence from Purchasing.
The Purchasing Agent shall have the authority to simplify selection procedures when, in
his/her opinion, the change will be beneficial to the City of Fort Collins; i.e., in
emergency situations or where special or unusual circumstances exist.
Alternative Project Delivery System
The Purchasing Agent shall appoint a committee to review projects that would benefit
from incorporating an alternative project delivery system, i.e. design-build.
Project Managers may evaluate alternate procurement options with purchasing staff and
appropriate departmental staff.
C. Procedures for Selection of Professional Services
a) Procedure for Contracts Under $60,000
The Project Manager shall prepare an RFP, which can be a letter.
Purchasing will solicit proposals from registered and from other qualified
professionals as requested by the Project Manager. Notices are also
posted in accordance with purchasing policy.
Purchasing will receive proposals and review for any irregularities.
Proposals will be evaluated and ranked by a review team using the
Review and Assessment Procedures and any special conditions described
in the RFP. The Review Team will consist of at least 2 staff members, one
being the Project Manager. Purchasing may be involved in the review
process. The Project Manager will check references of at least the top
ranked firm, and additional firms at their discretion. Unsatisfactory
response to the reference check may result in a re-ranking of the firms.
Capital Projects Procedures Manual -- January, 2009 Page
46
Negotiations will include at least the Project Manager and a Purchasing
representative. They will be held with the highest ranked firm to develop a
final Scope of Work and fair and equitable contract amount.
The Department or Division Head will review and approve the
recommendation.
The Contract will be submitted to the Purchasing Agent for final approval
and signature.
b) Procedure for Contracts of $60,000 or More
The Project Manager shall prepare a detailed RFP and submit to
Purchasing for review.
Purchasing will solicit proposals from registered Professionals and from
other qualified Professionals as requested by the Project Manager.
Proposals will be posted in accordance with purchasing policy.
Purchasing will receive proposals and review for any irregularities.
The proposals will be reviewed and ranked by a committee of at least the
Project Manager, a Purchasing representative, and another
knowledgeable Professional, in accordance with Section D below. At the
option of the Project Manager, a disinterested Professional from the
community may be asked to serve on the committee.
The review committee will interview a minimum of three Professionals.
Exceptions may be made with the approval of the purchasing agent.
Additional Professionals may be interviewed should the committee
determine it to be in the best interest of the City of Fort Collins.
Professionals will be evaluated and ranked at the interview using criteria
established in the Review and Assessment Procedures. Individual
committee members shall report ratings to Purchasing.
References for the Professional ranked at the top after the interviews will
be checked by the Project Manager upon completion of interviews. An
unsatisfactory response to the reference check may result in re-ranking of
the firms by the committee.
The Project Manager and Purchasing will negotiate with the highest
ranked firm to develop a final Scope of Work and fair and equitable
contract amount.
Capital Projects Procedures Manual -- January, 2009 Page
47
D. Review and Assessment
Professional firms shall be evaluated on the following criteria. Criteria modifications
may be made prior to proposal solicitation with the approval of Purchasing. These
criteria shall be the basis for review of the written proposals as well as the oral
interviews.
The rating scale shall be from 1 to 5, with 1 being a poor rating, and 5 being an
outstanding rating. Recommended weighting factors for the criteria are listed adjacent
to the qualification. If a Project Manager desires to adjust the weighting factors, the
revised procedure must be approved by Purchasing prior to release of the RFP.
WEIGHTING
FACTOR
STANDARD
QUALIFICATION
2.0 Scope of proposal Does the proposal show an
understanding of the project objectives,
methodology to be used and results that
are desired from the project?
2.0 Assigned personnel Do the persons who will be working on
the project have the necessary skills?
Are sufficient people of the requisite
skills assigned to the project?
1.0 Availability Can the work be completed in the
necessary time? Can the target start and
completion dates be met? Are other
qualified personnel available to
assist in meeting the project schedule if
required? Is the project team available to
attend meetings as required by the
Scope of Work?
1.0 Motivation Is the firm interested and are they
capable of doing the work in the required
time frame?
2.0 Cost and Work hours Do the proposed cost and work hours
compare favorably with the Project
Managers estimate? Are the work hours
presented reasonable for the effort
required in each project task or phase?
2.0 Firm Capability Does the firm have the support
capabilities the assigned personnel
require? Has the firm done previous
projects of this type and scope?
Capital Projects Procedures Manual -- January, 2009 Page
48
E. Reference Evaluation (Top Ranked Firm)
The Project Manager will check references using the following criteria. The evaluation
rankings can be labeled Satisfactory/Unsatisfactory or numbered 1 through 5.
F. Performance Rating
At the completion of a project phase, or at project close-out, the Project Manager can
decide whether to retain the Professional or advertise for a new one. Unsatisfactory
performance in any phase must be documented in a report to the Purchasing Agent
In the event a Professional fails to satisfactorily perform the agreed upon work or
defaults on the contract, the Project Manager may request that the Professional be
removed from the list of eligible Professionals using established procedures. Project
Managers should keep Purchasing advised of any problems with Professionals as they
occur.
In-kind contributions/donations (does not include cooperative projects)
All in-kind contributions and donations must be received and valued by the
City prior to issuance of any RFP, Bid or other solicitation.
No representative of the group soliciting or making donations to a City project
will be allowed to be part of the RFP evaluation committee.
The City Clerk and Purchasing will develop specific lists of interested citizens, as
needed, for projects requiring citizen input.
QUALIFICATION STANDARD
Overall
Performance
Would you hire this Professional again? Did they show the
skills required by this project?
Timetable Was the original Scope of Work completed within the specified
time? Were interim deadlines met in a timely manner?
Completeness Was the Professional responsive to client needs; did the
Professional anticipate problems? Were problems solved
quickly and effectively?
Budget Was the original Scope of Work completed within the project
budget?
Job Knowledge a) If a study, did it meet the Scope of Work?
b) If Professional administered a construction contract, was
the project functional upon completion and did it operate
properly? Were problems corrected quickly and effectively.
Capital Projects Procedures Manual -- January, 2009 Page
49
SECTION 8 – PURCHASING AGREEMENTS, BIDS, AND CHANGE
ORDERS
Capital Projects Procedures Manual -- January, 2009 Page
50
SECTION 8 – PURCHASING AGREEMENTS, BIDS, AND CHANGE
ORDERS
A. Standard City Agreements
a) Description
Standard City agreements, which can be utilized for the majority of capital project
services, have been proposed. Techniques for agreement compliance are spelled
out for the Project Manager and other City staff. The agreement element of the
system has been structured to prevent misunderstandings, omissions, and clearly
spell out the owner/construction manager/contractor relationship in capital
construction activities.
b) Types of Standard City Agreements
Professional Services Agreement
Construction Agreement
Work Order Agreement for Professional Services and Contractors
Agreement using Engineers Joint Contract Documents Committee,
(EJCDC) No. 1910-8 (1990 Edition), as a base, with City of Fort Collins
Modifications (Rev 9/99).
These agreements remain essentially the same for each project.
Agreements for the alternative delivery systems are available in Purchasing, or may
be drafted in conjunction with the legal department based on project specific needs.
c) Noteworthy Provisions
Each agreement delineates major provisions considered to be most important in the
area of contract administration. Any changes in standard agreements must be
approved by Purchasing and the City Attorney’s Office. Copies of all standard
agreements are available through Purchasing.
Capital Projects Procedures Manual -- January, 2009 Page
51
B. Bid Document Preparation and Bid Procedures for Construction
Work
a) Formal Bid Procedures
It is the responsibility of the Project Manager to assemble the key elements of the
bid packet and forward to the Purchasing Division with a requisition. These key
items include:
Purchase Requisitions
Standard City Contract
Plan and Specifications
Suggested Contractors or Vendors
Supplemental Instructions and Conditions (such as Bid Bond, Non-
Collusion Statement, Performance Bond, Labor and Material Payment
Bond, Certificate of Insurance, Lien Waiver Release, Consent of Surety,
Soil Reports)
Memo stating Land Acquisition is Complete
Cost Estimate
To complete the bid packet, Purchasing will:
Review contract documents for completeness and to insure that legal
review has been accomplished
Review contract plans and specifications to determine if bid bond,
performance bonds, payment bond, and certificates of insurance are
necessary
Check to insure that funds are available and budgeted
Prepare the Invitation to Bid
Prepare the Bid Proposal
Prepare the Bid Tally
Prepare Bidders Lists
Prepare and post Bid Notices
b) Contract
All improvement projects in excess of $50,000 require a formal contract. Only the
Purchasing Agent is authorized to sign contracts. Standard City contracts will be
used. All contracts will have been reviewed by the City Attorney’s Office prior to
inviting bids.
c) Partnering Process
City projects over $1million shall incorporate partnering into the contract documents
and construction process to build trust and resolve conflicts. The Project Manager
and Purchasing Division shall determine if the partnering process should be
Capital Projects Procedures Manual -- January, 2009 Page
52
conducted in a formal or informal process. If partnering is not to be incorporated in
the project, a written report must be submitted to the Purchasing Agent requesting
an exception.
d) Invitation
The notice inviting bids will set forth the time and date within which the bids must be
submitted and the procedures to be followed in receiving and opening bids. The
invitation will provide a description of the service and/or material to be furnished. The
invitation is to detail the location of the bid opening, such as the name and address
of the office where it is to be held. The invitation will detail where the contract
documents may be secured (if applicable), where the pre-bid conference will be held
(if applicable), and any other special considerations being requested.
e) Bidding
When necessary, the City may request bid bonds, payment and/or performance
bonds. When required, the Invitation to Bid will describe the requirement. Bid,
performance and/or payment bonds are required for construction contracts in excess
of $100,000.
f) Timing
The Purchasing Division is responsible for setting the time and date for all bid
openings in conjunction with Project Manager’s schedule requirements. The
standard bid opening is three weeks after receipt of the approved bid documents.
g) Posting Requirements
All formal bids will be posted in compliance with purchasing policies, allowing ample
time for response.
h) Bid Evaluation
After receiving the bids at the announced time and place of bid opening, the
Purchasing Agent will tabulate the bids and perform an initial review and analysis of
all bids for responsiveness, and responsible bidder according to bid specifications.
After this review, the tabulation will be sent to the requisitioning department for final
and more extensive review and recommendation of award.
The Project Manager shall thoroughly review the bids and shall evaluate the
proposals from a technical standpoint. The Project Manager shall make a
recommendation to the Purchasing Agent on the low responsive and responsible
bidder.
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53
i) Award
Awards will be made in accordance with the Purchasing Ordinance. Providing that
the provisions of the ordinance have been met, the Purchasing Agent will make an
award.
j) Negotiations
Negotiations between the City and the successful bidder are to be through the
Purchasing Division only. From the time the bids are solicited until the contract is
signed, changes or questions must be routed through the Purchasing Agent. (This
does not prohibit contact with the contractors by the Project Manager for purposes
other than negotiation.)
Capital Projects Procedures Manual -- January, 2009 Page
54
Purchasing Authority Table
Purchasing Categories Amount Authority
Blue - indicates approval recommendation
GREEN - indicates final approval authority
Open Market Purchases <$5,000
(Mini Order) PROJECT MANAGER
$5,000 - $60,000
-Project Manager
-Dept. Head
PURCHASING AGENT
Low Responsive, Responsible
Bidder Any Amount
-Project Manager
-Dept. Head
PURCHASING AGENT
Not Low Responsive, Responsible
Bidder <$200,000
-Project Manager
-Dept. Head
-Purchasing Agent
CITY MANAGER
>$200,000
-Purchasing Agent
-City Manager
CITY COUNCIL
Less than 3 bids Any Amount PURCHASING AGENT
Exceptions to bidding process ie:
sole source, highly specialized items <$60,000
-Project Manager
-Dept. Head
PURCHASING AGENT
$60,000-$200,000
-Project Manager
-Dept. Head
-Purchasing Agent
CITY MANAGER
>$200,000
-Project Manager
-Dept. Head
-Purchasing Agent
-City Manager
CITY COUNCIL
Emergency Items $60,000 - $200,000
-Project Manager
-Dept. Head
-Purchasing Agent
CITY MANAGER
>$200,000
-Project Manager
-Dept. Head
-Purchasing Agent
CITY MANAGER-CITY COUNCIL REPORT
Capital Projects Procedures Manual -- January, 2009 Page
55
C. Change Order Procedures
The purpose of this section is to delineate the procedure, authorities and responsibilities
of the City’s Change Order control system.
a) Purpose
The purpose of a change order is to recognize changes on a job which will result in
amendments to the project time schedule and/or cost.
b) Project Manager’s Role in the Change Order Process
Before a Project Manager seeks the authorization of a change order from the
appropriate authority, the following check list must be addressed:
Determine whether the proposed change is in the scope of the contract.
Funds must be available in the project contingency account or transferred
from other available funds through the Budget Control Subsystem.
The authorizations of the architect/engineer and/or construction manager
must be secured if engaged on the project.
The scope of the proposed work is such that the additional work is not
subject to City bidding policies.
c) Change Order Approval Thresholds
The following Change Order Authority Table describes the threshold levels for
change order approvals. It is important that some flexibility be granted to operating
departments in the approval of change orders. This is necessary so that relatively
minor changes (field changes) at the job site will not be held up by lengthy approval
process necessary for major changes.
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56
Change Order Authority Table
CONSTRUCTION PROFESSIONAL SERVICES
15% or $60,000 Limitation of Change Orders No limit on change orders for
accumulative Amount
$60,000 Project Manager $60,000 Project Manager
$60,000- 15% of Contract - Service Director
$60,000 - $200,000 -
(1) Project Manager - submit
justification to Purchasing for Exception
Processing
(2) Purchasing submit memo to City
Manager for approval
$60,000- 15% of Contract - Purchasing Agent $60,000- $200,000 - Purchasing Agent
$60,000- 15% of Contract - Report to City
Manager by Department
$200,000+ - City Council Approval
(Exception submittal)
* Additional signatures may be required by department policy. Project Manager shall be
solely responsible for adhering to internal department procedures.
Capital Projects Procedures Manual – February 2010 Page
41
SECTION 9 – FEDERALLY FUNDED PROJECTS
Capital Projects Procedures Manual – February 2010 Page
42
SECTION 9 – FEDERALLY FUNDED PROJECTS
A. General Information
The Project Manager must ensure that contractor working on federally funded projects
follow the federal requirements.
The City receives federal funding from a number of agencies such as the Federal
Highway Administration, Department of Energy, Federal Transit Administration and
others. Some federal requirements are common to all these agencies such as
encouraging disadvantaged business participation and Davis-Bacon wage rates for
construction projects over $2,000. It is imperative that the Project Manager understand
the federal requirements which come with the source of federal funds. Purchasing
should be notified when projects contain federal funding so that proper clauses can be
included in the bid/rfp and contract documents.
B. Federal Transit Administration Funded Projects
1. Cost/Price Analysis for FTA Funded Projects
Project Managers must perform a cost/price analysis is required for every
procurement funded by FTA. This includes contract changes or sole source
requests per FTA Circular 4220.1E which follows. Please check with Purchasing for
the latest requirements.
Paragraph 10 of FTA Circular 4220.1E requires a cost or price analysis for every
procurement action:
Grantees must perform a cost or price analysis in connection
with every procurement action, including contract
modifications. The method and degree of analysis is
dependent on the facts surrounding the particular
procurement situation, but as a starting point, grantees must
make independent estimates before receiving bids or
proposals.
Capital Projects Procedures Manual – February 2010 Page
43
Cost Analysis – A cost analysis must be performed when the offeror is
required to submit the elements (i.e., Labor Hours, Overhead, Materials, etc.)
of the estimated cost; e.g., under professional consulting and architectural
and engineering services contracts.
A cost analysis will be necessary whenever adequate price competition is
lacking and for sole source procurements, including contract modifications or
change orders, unless price reasonableness can be established on the basis
of a catalogue or market price of a commercial product sold in substantial
quantities to the general public or on the basis of prices set by law or
regulation.
Price Analysis – A price analysis may be used in all other instances to
determine the reasonableness of the proposed contract price.
Profit – Grantees will negotiate profit as a separate element of the price for
each contract in which there is no price competition and in all cases where
cost analysis is performed.
Federal Cost Principles – Costs or prices based on estimated costs for
contracts under grants will be allowable only to the extent that costs incurred
or cost estimates included in negotiated prices are consistent with Federal
cost principles. Grantees may reference their own cost principles that comply
with applicable Federal cost principles.
2. Disadvantaged Business Enterprise
Each FTA funded project requires an opportunity for Disadvantaged Business
Enterprise (DBE) firms to participate in the contract. There may also be a stated
percentage goal for the project which the City’s Disadvantaged Business Liaison
Officer will set for the project. This goal may come in the form of an
Underutilized Disadvantaged Business Enterprise (UDBE) goal from the
Colorado Department of Transportation.
Project Managers are required as part of their contract oversight to become
familiar with the applicable DBE activities in conjunction with the capital project.
This includes:
Insuring that DBE subcontractor listed by the general contractor are actually
performing the work.
Requiring that any DBE subcontractor who is going to be replaced by the
general contractor, be replaced by a DBE subcontractor.
Other monitoring activities as required by the FTA.
Capital Projects Procedures Manual – February 2010 Page
44
C. Federally Funded Construction Projects over $2000 and the
Davis-Bacon and Copeland Anti-Kickback Acts
The Davis-Bacon and Copeland Acts are codified at 40 USC 3141, et seq. and 18 USC
874. These Acts apply to grantee construction contracts and subcontracts that “at least
partly are financed by a loan or grant from the Federal Government.”1 The Acts apply to
any construction contract over $2,000.2 The Acts define “Construction” to include
“actual construction, alteration and/or repair, including painting and decorating.”3 The
requirements of both Acts are incorporated into a single clause4 and reproduced below.
Project Managers are required, on construction projects over $2,000, to monitor
compliance with the Davis-Bacon Act to verify appropriate wages are being paid. This
includes weekly payments to workers and receiving certified payrolls. Purchasing will
insert into the contract documents the following clause when appropriate and notified by
the Project Manager. Any deviation from the model clause below should be coordinated
with counsel to ensure the Acts’ requirements are satisfied.
1. Clause Language Davis-Bacon and Copeland Anti-Kickback Acts
Minimum wages
(i) All laborers and mechanics employed or working upon the site of the work (or
under the United States Housing Act of 1937 or under the Housing Act of 1949 in
the construction or development of the project), will be paid unconditionally and
not less often than once a week, and without subsequent deduction or rebate on
any account (except such payroll deductions as are permitted by regulations
issued by the Secretary of Labor under the Copeland Act (29 CFR part 3)), the
full amount of wages and bona fide fringe benefits (or cash equivalents thereof)
due at time of payment computed at rates not less than those contained in the
wage determination of the Secretary of Labor which is attached hereto and made
a part hereof, regardless of any contractual relationship which may be alleged to
exist between the contractor and such laborers and mechanics.
Contributions made or costs reasonably anticipated for bona fide fringe benefits
under section 1(b)(2) of the Davis-Bacon Act on behalf of laborers or mechanics
are considered wages paid to such laborers or mechanics, subject to the
provisions of paragraph (1)(iv) of this section; also, regular contributions made or
costs incurred for more than a weekly period (but not less often than quarterly)
under plans, funds, or programs which cover the particular weekly period, are
deemed to be constructively made or incurred during such weekly period. Such
laborers and mechanics shall be paid the appropriate wage rate and fringe
1 40 USC 3145(a), 29 CFR 5.2(h), 49 CFR 18.36(i)(5).
2 40 USC 3142(a), 29 CFR 5.5(a).
3 29 CFR 5.5(a).
4 29 CFR 3.11
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45
benefits on the wage determination for the classification of work actually
performed, without regard to skill, except as provided in 29 CFR Part 5.5(a)(4).
Laborers or mechanics performing work in more than one classification may be
compensated at the rate specified for each classification for the time actually
worked therein: Provided, That the employer's payroll records accurately set forth
the time spent in each classification in which work is performed. The wage
determination (including any additional classifications and wage rates conformed
under paragraph (1)(ii) of this section) and the Davis-Bacon poster (WH-1321)
shall be posted at all times by the contractor and its subcontractors at the site of
the work in a prominent and accessible place where it can be easily seen by the
workers.
(ii)
(A) The contracting officer shall require that any class of laborers or
mechanics, including helpers, which is not listed in the wage determination
and which is to be employed under the contract shall be classified in
conformance with the wage determination. The contracting officer shall
approve an additional classification and wage rate and fringe benefits
therefore only when the following criteria have been met:
(1) Except with respect to helpers as defined as 29 CFR 5.2(n)(4), the
work to be performed by the classification requested is not performed by a
classification in the wage determination; and
(2) The classification is utilized in the area by the construction industry;
and
(3) The proposed wage rate, including any bona fide fringe benefits, bears
a reasonable relationship to the wage rates contained in the wage
determination; and
(4) With respect to helpers as defined in 29 CFR 5.2(n)(4), such a
classification prevails in the area in which the work is performed.
(B) If the contractor and the laborers and mechanics to be employed in the
classification (if known), or their representatives, and the contracting officer
agree on the classification and wage rate (including the amount designated
for fringe benefits where appropriate), a report of the action taken shall be
sent by the contracting officer to the Administrator of the Wage and Hour
Division, Employment Standards Administration, U.S. Department of Labor,
Washington, DC 20210. The Administrator, or an authorized representative,
will approve, modify, or disapprove every additional classification action within
30 days of receipt and so advise the contracting officer or will notify the
contracting officer within the 30-day period that additional time is necessary.
(C) In the event the contractor, the laborers or mechanics to be employed in
Capital Projects Procedures Manual – February 2010 Page
46
the classification or their representatives, and the contracting officer do not
agree on the proposed classification and wage rate (including the amount
designated for fringe benefits, where appropriate), the contracting officer shall
refer the questions, including the views of all interested parties and the
recommendation of the contracting officer, to the Administrator for
determination. The Administrator, or an authorized representative, will issue
a determination within 30 days of receipt and so advise the contracting officer
or will notify the contracting officer within the 30-day period that additional
time is necessary.
(D) The wage rate (including fringe benefits where appropriate) determined
pursuant to paragraphs (a)(1)(ii) (B) or (C) of this section, shall be paid to all
workers performing work in the classification under this contract from the first
day on which work is performed in the classification.
(iii) Whenever the minimum wage rate prescribed in the contract for a class of
laborers or mechanics includes a fringe benefit which is not expressed as an
hourly rate, the contractor shall either pay the benefit as stated in the wage
determination or shall pay another bona fide fringe benefit or an hourly cash
equivalent thereof.
(iv) If the contractor does not make payments to a trustee or other third person,
the contractor may consider as part of the wages of any laborer or mechanic the
amount of any costs reasonably anticipated in providing bona fide fringe benefits
under a plan or program, Provided, That the Secretary of Labor has found, upon
the written request of the contractor, that the applicable standards of the Davis-
Bacon Act have been met. The Secretary of Labor may require the contractor to
set aside in a separate account assets for the meeting of obligations under the
plan or program.
(v)
(A) The contracting officer shall require that any class of laborers or
mechanics which is not listed in the wage determination and which is to be
employed under the contract shall be classified in conformance with the wage
determination. The contracting officer shall approve an additional
classification and wage rate and fringe benefits therefore only when the
following criteria have been met:
(1) The work to be performed by the classification requested is not
performed by a classification in the wage determination; and
(2) The classification is utilized in the area by the construction industry;
and
(3) The proposed wage rate, including any bona fide fringe benefits, bears
Capital Projects Procedures Manual – February 2010 Page
47
a reasonable relationship to the wage rates contained in the wage
determination.
(B) If the contractor and the laborers and mechanics to be employed in the
classification (if known), or their representatives, and the contracting officer
agree on the classification and wage rate (including the amount designated
for fringe benefits where appropriate), a report of the action taken shall be
sent by the contracting officer to the Administrator of the Wage and Hour
Division, Employment Standards Administration, Washington, DC 20210.
The Administrator, or an authorized representative, will approve, modify, or
disapprove every additional classification action within 30 days of receipt and
so advise the contracting officer or will notify the contracting officer within the
30-day period that additional time is necessary.
(C) In the event the contractor, the laborers or mechanics to be employed in
the classification or their representatives, and the contracting officer do not
agree on the proposed classification and wage rate (including the amount
designated for fringe benefits, where appropriate), the contracting officer shall
refer the questions, including the views of all interested parties and the
recommendation of the contracting officer, to the Administrator for
determination. The Administrator, or an authorized representative, will issue
a determination with 30 days of receipt and so advise the contracting officer
or will notify the contracting officer within the 30-day period that additional
time is necessary.
(D) The wage rate (including fringe benefits where appropriate) determined
pursuant to paragraphs (a)(1)(v) (B) or (C) of this section, shall be paid to all
workers performing work in the
classification under this contract from the first day on which work is performed
in the classification.
Withholding
The City of Fort Collins shall upon its own action or upon written request of an
authorized representative of the Department of Labor withhold or cause to be
withheld from the contractor under this contract or any other Federal contract
with the same prime contractor, or any other federally-assisted contract subject
to Davis-Bacon prevailing wage requirements, which is held by the same prime
contractor, so much of the accrued payments or advances as may be considered
necessary to pay laborers and mechanics, including apprentices, trainees, and
helpers, employed by the contractor or any subcontractor the full amount of
wages required by the contract. In the event of failure to pay any laborer or
mechanic, including any apprentice, trainee, or helper, employed or working on
the site of the work (or under the United States Housing Act of 1937 or under the
Housing Act of 1949 in the construction or development of the project), all or part
of the wages required by the contract, the City of Fort Collins may, after written
notice to the contractor, sponsor, applicant, or owner, take such action as may be
Capital Projects Procedures Manual – February 2010 Page
48
necessary to cause the suspension of any further payment, advance, or
guarantee of funds until such violations have ceased.
Payrolls and basic records
(i) Payrolls and basic records relating thereto shall be maintained by the
contractor during the course of the work and preserved for a period of three
years thereafter for all laborers and mechanics working at the site of the work (or
under the United States Housing Act of 1937, or under the Housing Act of 1949,
in the construction or development of the project). Such records shall contain the
name, address, and social security number of each such worker, his or her
correct classification, hourly rates of wages paid (including rates of contributions
or costs anticipated for bona fide fringe benefits or cash equivalents thereof of
the types described in section 1(b)(2)(B) of the Davis-Bacon Act), daily and
weekly number of hours worked, deductions made and actual wages paid.
Whenever the Secretary of Labor has found under 29 CFR 5.5(a)(1)(iv) that the
wages of any laborer or mechanic include the amount of any costs reasonably
anticipated in providing benefits under a plan or program described in section
1(b)(2)(B) of the Davis-Bacon Act, the contractor shall maintain records which
show that the commitment to provide such benefits is enforceable, that the plan
or program is financially responsible, and that the plan or program has been
communicated in writing to the laborers or mechanics affected, and records
which show the costs anticipated or the actual cost incurred in providing such
benefits. Contractors employing apprentices or trainees under approved
programs shall maintain written evidence of the registration of apprenticeship
programs and certification of trainee programs, the registration of the apprentices
and trainees, and the ratios and wage rates prescribed in the applicable
programs.
(ii)
(A) The contractor shall submit weekly for each week in which any contract
work is performed a copy of all payrolls to the City of Fort Collins for
transmission to the Federal Transit Administration. The payrolls submitted
shall set out accurately and completely all of the information required to be
maintained under section 5.5(a)(3)(i) of Regulations, 29 CFR part 5. This
information may be submitted in any form desired. Optional Form WH-347 is
available for this purpose and may be purchased from the Superintendent of
Documents (Federal Stock Number 029-005-00014-1), U.S. Government
Printing Office, Washington, DC 20402. The prime contractor is responsible
for the submission of copies of payrolls by all subcontractors.
(B) Each payroll submitted shall be accompanied by a "Statement of
Compliance," signed by the contractor or subcontractor or his or her agent
who pays or supervises the payment of the persons employed under the
contract and shall certify the following:
Capital Projects Procedures Manual – February 2010 Page
49
(1) That the payroll for the payroll period contains the information required
to be maintained under section 5.5(a)(3)(i) of Regulations, 29 CFR part 5
and that such information is correct and complete;
(2) That each laborer or mechanic (including each helper, apprentice, and
trainee) employed on the contract during the payroll period has been paid
the full weekly wages earned, without rebate, either directly or indirectly,
and that no deductions have been made either directly or indirectly from
the full wages earned, other than permissible deductions as set forth in
Regulations, 29 CFR part 3;
(3) That each laborer or mechanic has been paid not less than the
applicable wage rates and fringe benefits or cash equivalents for the
classification of work performed, as specified in the applicable wage
determination incorporated into the contract.
(C) The weekly submission of a properly executed certification set forth on the
reverse side of Optional Form WH-347 shall satisfy the requirement for
submission of the "Statement of Compliance" required by paragraph
(a)(3)(ii)(B) of this section.
(D) The falsification of any of the above certifications may subject the
contractor or subcontractor to civil or criminal prosecution under section 1001
of title 18 and section 231 of title 31 of the United States Code.
(iii) The contractor or subcontractor shall make the records required under
paragraph (a)(3)(i) of this section available for inspection, copying, or
transcription by authorized representatives of the Federal Transit Administration
or the Department of Labor, and shall permit such representatives to interview
employees during working hours on the job. If the contractor or subcontractor
fails to submit the required records or to make them available, the Federal
agency may, after written notice to the contractor, sponsor, applicant, or owner,
take such action as may be necessary to cause the suspension of any further
payment, advance, or guarantee of funds. Furthermore, failure to submit the
required records upon request or to make such records available may be
grounds for debarment action pursuant to 29 CFR 5.12.
Apprentices and trainees
(i) Apprentices - Apprentices will be permitted to work at less than the
predetermined rate for the work they performed when they are employed
pursuant to and individually registered in a bona fide apprenticeship program
registered with the U.S. Department of Labor, Employment and Training
Administration, Bureau of Apprenticeship and Training, or with a State
Apprenticeship Agency recognized by the Bureau, or if a person is employed in
his or her first 90 days of probationary employment as an apprentice in such an
apprenticeship program, who is not individually registered in the program, but
Capital Projects Procedures Manual – February 2010 Page
50
who has been certified by the Bureau of Apprenticeship and Training or a State
Apprenticeship Agency (where appropriate) to be eligible for probationary
employment as an apprentice. The allowable ratio of apprentices to journeymen
on the job site in any craft classification shall not be greater than the ratio
permitted to the contractor as to the entire work force under the registered
program. Any worker listed on a payroll at an apprentice wage rate, who is not
registered or otherwise employed as stated above, shall be paid not less than the
applicable wage rate on the wage determination for the classification of work
actually performed. In addition, any apprentice performing work on the job site in
excess of the ratio permitted under the registered program shall be paid not less
than the applicable wage rate on the wage determination for the work actually
performed. Where a contractor is performing construction on a project in a
locality other than that in which its program is registered, the ratios and wage
rates (expressed in percentages of the journeyman's hourly rate) specified in the
contractor's or subcontractor's registered program shall be observed. Every
apprentice must be paid at not less than the rate specified in the registered
program for the apprentice's level of progress, expressed as a percentage of the
journeymen hourly rate specified in the applicable wage determination.
Apprentices shall be paid fringe benefits in accordance with the provisions of the
apprenticeship program. If the apprenticeship program does not specify fringe
benefits, apprentices must be paid the full amount of fringe benefits listed on the
wage determination for the applicable classification. If the Administrator of the
Wage and Hour Division of the U.S. Department of Labor determines that a
different practice prevails for the applicable apprentice classification, fringes shall
be paid in accordance with that determination. In the event the Bureau of
Apprenticeship and Training, or a State Apprenticeship Agency recognized by
the Bureau, withdraws approval of an apprenticeship program, the contractor will
no longer be permitted to utilize apprentices at less than the applicable
predetermined rate for the work performed until an acceptable program is
approved.
(ii) Trainees - Except as provided in 29 CFR 5.16, trainees will not be permitted
to work at less than the predetermined rate for the work performed unless they
are employed pursuant to and individually registered in a program which has
received prior approval, evidenced by formal certification by the U.S. Department
of Labor, Employment and Training Administration. The ratio of trainees to
journeymen on the job site shall not be greater than permitted under the plan
approved by the Employment and Training Administration. Every trainee must
be paid at not less than the rate specified in the approved program for the
trainee's level of progress, expressed as a percentage of the journeyman hourly
rate specified in the applicable wage determination. Trainees shall be paid fringe
benefits in accordance with the provisions of the trainee program. If the trainee
program does not mention fringe benefits, trainees shall be paid the full amount
of fringe benefits listed on the wage determination unless the Administrator of the
Wage and Hour Division determines that there is an apprenticeship program
associated with the corresponding journeyman wage rate on the wage
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determination which provides for less than full fringe benefits for apprentices.
Any employee listed on the payroll at a trainee rate who is not registered and
participating in a training plan approved by the Employment and Training
Administration shall be paid not less than the applicable wage rate on the wage
determination for the classification of work actually performed. In addition, any
trainee performing work on the job site in excess of the ratio permitted under the
registered program shall be paid not less than the applicable wage rate on the
wage determination for the work actually performed. In the event the
Employment and Training Administration withdraws approval of a training
program, the contractor will no longer be permitted to utilize trainees at less than
the applicable predetermined rate for the work performed until an acceptable
program is approved.
(iii) Equal employment opportunity - The utilization of apprentices, trainees and
journeymen under this part shall be in conformity with the equal employment
opportunity requirements of Executive Order 11246, as amended, and 29 CFR
part 30.
Compliance with Copeland Act requirements
The contractor shall comply with the requirements of 29 CFR part 3, which are
incorporated by reference in this contract.
Subcontracts
The contractor or subcontractor shall insert in any subcontracts the clauses
contained in 29 CFR 5.5(a)(1) through (10) and such other clauses as the
Federal Transit Administration may by appropriate instructions require, and also
a clause requiring the subcontractors to include these clauses in any lower tier
subcontracts. The prime contractor shall be responsible for the compliance by
any subcontractor or lower tier subcontractor with all the contract clauses in 29
CFR 5.5.
Contract termination: debarment
A breach of the contract clauses in 29 CFR 5.5 may be grounds for termination of
the contract, and for debarment as a contractor and a subcontractor as provided
in 29 CFR 5.12.
Compliance with Davis-Bacon and Related Act requirements
All rulings and interpretations of the Davis-Bacon and Related Acts contained in
29 CFR parts 1, 3, and 5 are herein incorporated by reference in this contract.
Disputes concerning labor standards
Disputes arising out of the labor standards provisions of this contract shall not be
subject to the general disputes clause of this contract. Such disputes shall be
resolved in accordance with the procedures of the Department of Labor set forth
in 29 CFR parts 5, 6, and 7. Disputes within the meaning of this clause include
disputes between the contractor (or any of its subcontractors) and the contracting
agency, the U.S. Department of Labor, or the employees or their representatives.
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Certification of eligibility
(i) By entering into this contract, the contractor certifies that neither it (nor he or
she) nor any person or firm who has an interest in the contractor's firm is a
person or firm ineligible to be awarded Government contracts by virtue of section
3(a) of the Davis-Bacon Act or 29 CFR 5.12(a)(1).
(ii) No part of this contract shall be subcontracted to any person or firm ineligible
for award of a Government contract by virtue of section 3(a) of the Davis-Bacon
Act or 29 CFR 5.12(a)(1).
(iii) The penalty for making false statements is prescribed in the U.S. Criminal
Code, 18 U.S.C. 1001.
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53
APPENDIX A – STANDARD FORMS
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54
APPENDIX A – STANDARD FORMS
1) Change Order Form
CHANGE ORDER NO __________
PROJECT TITLE: ___________________________________________________
CONTRACTOR: ____________________________________________________
PROJECT NUMBER: ________________________________________________
DESCRIPTION
In preparing change orders, show in order as separate numbered paragraphs the following:
1. Reason for change. 2. Description of change.
3. Change in contract cost. 4. Change in contract time.
(Attach additional sheets as required)
ORIGINAL CONTRACT COST _____________________________
TOTAL APPROVED CHANGE ORDERS _____________________________
TOTAL PENDING CHANGE ORDERS _____________________________
TOTAL THIS CHANGE ORDER _____________________________
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 over $60,000)
cc: Contractor
Project File
Architect
Engineer
Purchasing
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2) Progress Pay Estimate Form
PROJECT PAY ESTIMATE NO __________
PROJECT TITLE: ______________________________________________________
CONTRACTOR: _______________________________________________________
PROJECT NUMBER: __________________ PARTIAL_________ TO_____________
(Date) (Date)
FlNAL _________________________
(Date)
_____________________________________________________________________
ORIGINAL CONTRACT AMOUNT: ______________________
APPROVED CHANGE ORDERS TO DATE: ______________________
ADJUSTED CONTRACT AMOUNT: ______________________
TOTAL WORK COMPLETED AND MATERIALS USED: ______________________
RETAINAGE _______% ______________________
TOTAL EARNED LESS RETAINAGE ______________________
LIQUIDATED DAMAGES WITHHELD ______________________
TOTAL EARNED LESS LIQUIDATED DAMAGES ______________________
LESS PREVIOUS PAYMENTS ______________________
CURRENT PAYMENT DUE ______________________
_____________________________________________________________________
ACCEPTED BY: ______________________________________ DATE: ___________
(Contractors Representative)
ACCEPTED BY: ______________________________________ DATE: ___________
(Project Manager)
REVIEWED BY: _______________________________________DATE: ___________
(Title: )
APPROVED BY: ______________________________________ DATE: ___________
(Title: )
cc: Contractor
Project File
Architect
Engineer
Accounting
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3) Application and Certificate for Payment
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D. Evaluation Report on Contractor
Firm _____________________________ Contractor’s Project Manager____________________
Address ______________________________________________________________________
Project Title _____________________________________Contract Amount ________________
Project Type ___________________________________ Project Dates: From _____ To ______
Phase(s) Involved:
Conceptual, Preliminary, Final, ROW, Construction, Closeout
Would you hire this Contactor again for this type of work? Yes No
Remarks: _____________________________________________________________________
_____________________________________________________________________________
_____________________________________________________________________________
Evaluator/Project Manager ________________________________________ Date ___________
Reviewer ________________________________________ Date ___________
cc: Project File
Purchasing
Closeout Report
Excellent Good Satisfactory Marginal Poor
Knowledge of project needs
Cooperation with City public utilities or other
agencies
Adequacy of personnel, supervision and
management
Prosecution of work
Submission of work on schedule
Completeness and accuracy of work
Clarity of work
Support data, reports, etc.
Completion of work within original budget
Change orders required for errors and omissions
Accuracy of estimate
Overall performance
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61
E. Evaluation Report on Professional
Firm _____________________________ Professional’s Project Manager___________________
Address ______________________________________________________________________
Project Title _____________________________________Contract Amount ________________
Project Type ___________________________________ Project Dates: From _____ To ______
Phase(s) Involved:
Conceptual, Preliminary, Final, ROW, Construction, Closeout
Excellent Good Satisfactory Marginal Poor
Knowledge of project needs
Cooperation with City public utilities or other
agencies
Adequacy of personnel, supervision and
management
Prosecution of work
Submission of work on schedule
Completeness and accuracy of work
Clarity of work
Support data, reports, etc.
Completion of work within original budget
Change orders required for errors and
omissions
Accuracy of estimate
Overall performance
Would you hire this Professional again for this type of work? Yes No
Remarks: _____________________________________________________________________
_____________________________________________________________________________
_____________________________________________________________________________
Evaluator/Project Manager _______________________________________ Date ___________
Reviewer _________________________________________ Date ___________
cc: Project File
Purchasing
Closeout Report
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F. Professional Services Agreement
THIS AGREEMENT made and entered into the day and year set forth below, by and
between THE CITY OF FORT COLLINS, COLORADO, a Municipal Corporation, hereinafter
referred to as the "City" and _____, [insert either a corporation, a partnership or an
individual,doing business as _______________, hereinafter referred to as "Professional".
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 Services. The Professional agrees to provide services in accordance
with the scope of services attached hereto as Exhibit "A", consisting of ( ) pages,
and incorporated herein by this reference.
2. The Work Schedule. [Optional] The services to be performed pursuant to this
Agreement shall be performed in accordance with the Work Schedule attached hereto as
Exhibit "B", consisting of ( ) pages, and incorporated herein by this reference.
3. Contract Period. This Agreement shall commence 200 and shall
continue in full force and effect until 200 , unless sooner terminated as herein
provided. In addition, at the option of the City, the Agreement may be extended for additional
one year periods not to exceed four (4) additional one year periods. Renewals and pricing
changes shall be negotiated by and agreed to by both parties. The Denver Boulder Greeley
CPIU published by the Colorado State Planning and Budget Office will be used as a guide. .
Written notice of renewal shall be provided to the Professional and mailed no later than ninety
(90) days prior to contract end.
4. Early Termination by City. Notwithstanding the time periods contained herein,
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the City may terminate this Agreement at any time without cause by providing written notice of
termination to the Professional. Such notice shall be delivered at least fifteen (15) days prior to
the termination date contained in said notice unless otherwise agreed in writing by the parties.
All notices provided under this Agreement shall be effective when mailed, postage prepaid and
sent to the following addresses:
Professional:
City:
With Copy to:
City of Fort Collins, Purchasing
PO Box 580
Fort Collins, CO 80522
In the event of any such early termination by the City, the Professional shall be paid for services
rendered prior to the date of termination, subject only to the satisfactory performance of the
Professional's obligations under this Agreement. Such payment shall be the Professional's sole
right and remedy for such termination.
5. Design, Project Indemnity and Insurance Responsibility. The Professional shall
be responsible for the professional quality, technical accuracy, timely completion and the
coordination of all services rendered by the Professional, including but not limited to designs,
plans, reports, specifications, and drawings and shall, without additional compensation,
promptly remedy and correct any errors, omissions, or other deficiencies. The Professional
shall indemnify, save and hold harmless the City, its officers and employees in accordance with
Colorado law, from all damages whatsoever claimed by third parties against the City; and for the
City's costs and reasonable attorneys fees, arising directly or indirectly out of the Professional's
negligent performance of any of the services furnished under this Agreement. The Professional
shall maintain commercial general liability insurance in the amount of $500,000 combined single
limits and errors and omissions insurance in the amount of $ .
6. Compensation. [Use this paragraph or Option 1 below.] In consideration of
the services to be performed pursuant to this Agreement, the City agrees to pay Professional a
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64
fixed fee in the amount of ($ ) plus reimbursable direct costs. All such fees and
costs shall not exceed ($ ). Monthly partial payments based upon the Professional's
billings and itemized statements are permissible. The amounts of all such partial payments
shall be based upon the Professional's City-verified progress in completing the services to be
performed pursuant hereto and upon the City's approval of the Professional's actual
reimbursable expenses. [Optional] Insert Subcontractor ClauseFinal payment shall be made
following acceptance of the work by the City. Upon final payment, all designs, plans, reports,
specifications, drawings, and other services rendered by the Professional shall become the sole
property of the City.
6. Compensation. [Option 1] In consideration of the services to be performed
pursuant to this Agreement, the City agrees to pay Professional on a time and reimbursable
direct cost basis according to the following schedule:
Hourly billing rates:
Reimbursable direct costs:
with maximum compensation (for both Professional's time and reimbursable direct costs) not to
exceed ($ ). Monthly partial payments based upon the Professional's billings and
itemized statements of reimbursable direct costs are permissible. The amounts of all such
partial payments shall be based upon the Professional's City-verified progress in completing the
services to be performed pursuant hereto and upon the City's approval of the Professional's
reimbursable direct costs. Final payment shall be made following acceptance of the work by the
City. Upon final payment, all designs, plans, reports, specifications, drawings and other
services rendered by the Professional shall become the sole property of the City.
7. City Representative. The City will designate, prior to commencement of work, its
project representative who shall make, within the scope of his or her authority, all necessary and
proper decisions with reference to the project. All requests for contract interpretations, change
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orders, and other clarification or instruction shall be directed to the City Representative.
8. Project Drawings. [Optional]Upon conclusion of the project and before final
payment, the Professional shall provide the City with reproducible drawings of the project
containing accurate information on the project as constructed. Drawings shall be of archival,
prepared on stable mylar base material using a non-fading process to provide for long storage
and high quality reproduction. "CD" disc of the as-built drawings shall also be submitted to the
owner in and AutoCAD version no older then the established city standard.
9. Monthly Report. Commencing thirty (30) days after the date of execution of this
Agreement and every thirty (30) days thereafter, Professional is required to provide the City
Representative with a written report of the status of the work with respect to the Scope of
Services, Work Schedule, and other material information. Failure to provide any required
monthly report may, at the option of the City, suspend the processing of any partial payment
request.
10. Independent Contractor. The services to be performed by Professional are those
of an independent contractor and not of an employee of the City of Fort Collins. The City shall
not be responsible for withholding any portion of Professional's compensation hereunder for the
payment of FICA, Workers' Compensation, other taxes or benefits or for any other purpose.
11. Personal Services. It is understood that the City enters into this Agreement
based on the special abilities of the Professional and that this Agreement shall be considered as
an agreement for personal services. Accordingly, the Professional shall neither assign any
responsibilities nor delegate any duties arising under this Agreement without the prior written
consent of the City.
12. Acceptance Not Waiver. The City's approval of drawings, designs, plans,
specifications, reports, and incidental work or materials furnished hereunder shall not in any way
relieve the Professional of responsibility for the quality or technical accuracy of the work. The
City's approval or acceptance of, or payment for, any of the services shall not be construed to
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66
operate as a waiver of any rights or benefits provided to the City under this Agreement.
13. Default. Each and every term and condition hereof shall be deemed to be a
material element of this Agreement. In the event either party should fail or refuse to perform
according to the terms of this agreement, such party may be declared in default.
14. Remedies. In the event a party has been declared in default, such defaulting
party shall be allowed a period of ten (10) days within which to cure said default. In the event
the default remains uncorrected, the party declaring default may elect to (a) terminate the
Agreement and seek damages; (b) treat the Agreement as continuing and require specific
performance; or (c) avail himself of any other remedy at law or equity. If the non-defaulting
party commences legal or equitable actions against the defaulting party, the defaulting party
shall be liable to the non-defaulting party for the non-defaulting party's reasonable attorney fees
and costs incurred because of the default.
15. Binding Effect. This writing, together with the exhibits hereto, constitutes the
entire agreement between the parties and shall be binding upon said parties, their officers,
employees, agents and assigns and shall inure to the benefit of the respective survivors, heirs,
personal representatives, successors and assigns of said parties.
16. Law/Severability. The laws of the State of Colorado shall govern the
construction, interpretation, execution and enforcement of this Agreement. 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.
17. Prohibition Against Employing Illegal Aliens. Prohibition Against Employing
Illegal Aliens. Pursuant to Section 8-17.5-101, C.R.S., et. seq., Professional represents and
agrees that:
a. As of the date of this Agreement:
1. Professional does not knowingly employ or contract with an illegal alien
who will perform work under this Agreement; and
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2. Professional will participate in either the e-Verify program created in
Public Law 208, 104th Congress, as amended, and expanded in Public Law 156,
108th Congress, as amended, administered by the United States Department of
Homeland Security (the “e-Verify Program”) or the Department Program (the
“Department Program”), an employment verification program established
pursuant to Section 8-17.5-102(5)(c) C.R.S. in order to confirm the employment
eligibility of all newly hired employees to perform work under this Agreement.
b. Professional shall not knowingly employ or contract with an illegal alien to
perform work under this Agreement or knowingly enter into a contract with a
subcontractor that knowingly employs or contracts with an illegal alien to perform work
under this Agreement.
c. Professional is prohibited from using the e-Verify Program or Department
Program procedures to undertake pre-employment screening of job applicants while this
Agreement is being performed.
d. If Professional obtains actual knowledge that a subcontractor performing work
under this Agreement knowingly employs or contracts with an illegal alien, Professional
shall:
1. Notify such subcontractor and the City within three days that Professional
has actual knowledge that the subcontractor is employing or contracting with an
illegal alien; and
2. Terminate the subcontract with the subcontractor if within three days of
receiving the notice required pursuant to this section the subcontractor does not
cease employing or contracting with the illegal alien; except that Professional
shall not terminate the contract with the subcontractor if during such three days
the subcontractor provides information to establish that the subcontractor has not
knowingly employed or contracted with an illegal alien.
e. Professional shall comply with any reasonable request by the Colorado
Department of Labor and Employment (the “Department”) made in the course of an
investigation that the Department undertakes or is undertaking pursuant to the authority
established in Subsection 8-17.5-102 (5), C.R.S.
f. If Professional violates any provision of this Agreement pertaining to the duties
imposed by Subsection 8-17.5-102, C.R.S. the City may terminate this Agreement. If this
Agreement is so terminated, Professional shall be liable for actual and consequential
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68
damages to the City arising out of Professional’s violation of Subsection 8-17.5-102,
C.R.S.
g. The City will notify the Office of the Secretary of State if Professional violates this
provision of this Agreement and the City terminates the Agreement for such breach.
18. Special Provisions. [Optional] Special provisions or conditions relating to the
services to be performed pursuant to this Agreement are set forth in Exhibit " ", consisting
of ( ) pages, attached hereto and incorporated herein by this reference.
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THE CITY OF FORT COLLINS, COLORADO
By: _________________________________
James B. O'Neill II, CPPO, FNIGP
Director of Purchasing & Risk Management
DATE: ______________________________
ATTEST:
_________________________________
City Clerk
APPROVED AS TO FORM:
________________________________
Assistant City Attorney
[Insert Professional's name] or
[Insert Partnership Name] or
[Insert individual's name] or
Doing business as [insert name of business]
By: __________________________________
Title: _______________________________
CORPORATE PRESIDENT OR VICE PRESIDENT
Date: _______________________________
ATTEST:
_________________________________ (Corporate Seal)
Corporate Secretary
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G. Professional Services Agreement Work Order Type
PROFESSIONAL SERVICES AGREEMENT
WORK ORDER TYPE
THIS AGREEMENT made and entered into the day and year set forth below by and
between THE CITY OF FORT COLLINS, COLORADO, a Municipal Corporation, hereinafter
referred to as the "City" and , hereinafter referred to as "Professional".
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 Services. The Professional agrees to provide services in accordance
with any project Work Orders for , issued by the City. A blank sample of a work order is
attached hereto as Exhibit "A", consisting of ( ) pages and is incorporated herein by
this reference. The City reserves the right to independently bid any project rather than issuing a
Work Order to the Professional for the same pursuant to this Agreement.
2. The Work Schedule. The services to be performed pursuant to this Agreement
shall be performed in accordance with the Work Schedule stated on each Work Order.
3. Time of Commencement and Completion of Services. The services to be
performed pursuant to this Agreement shall be initiated as specified on each Work Order. Time
is of the essence. Any extensions of any time limit must be agreed upon in writing by the
parties hereto.
4. Contract Period. [Option 1] This Agreement shall commence , 200 ,
and shall continue in full force and effect until , 200 , unless sooner terminated as
herein provided. In addition, at the option of the City, the Agreement may be extended for
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71
additional one year periods not to exceed ( ) additional one year periods. Renewals
and pricing changes shall be negotiated by and agreed to by both parties. The Denver Boulder
Greeley CPIU published by the Colorado State Planning and Budget Office will be used as a
guide. Written notice of renewal shall be provided to the Professional and mailed no later than
ninety (90) days prior to contract end.
5. Early Termination by City/Notice. Notwithstanding the time periods contained
herein, the City may terminate this Agreement at any time without cause by providing written
notice of termination to the Professional. Such notice shall be delivered at least fifteen (15)
days prior to the termination date contained in said notice unless otherwise agreed in writing by
the parties. All notices provided under this agreement shall be effective when mailed, postage
prepaid and sent to the following address:
Professional:
City:
With Copy to:
In the event of any such early termination by the City, the Professional shall be paid for services
rendered prior to the date of termination subject only to the satisfactory performance of the
Professional's obligations under this Agreement. Such payment shall be the Professional's sole
right and remedy for such termination.
6. Design, Project Insurance and Insurance Responsibility. The Professional shall
be responsible for the professional quality, technical accuracy, timely completion and the
coordination of all services rendered by the Professional, including but not limited to designs,
plans, reports, specifications, and drawings and shall, without additional compensation,
promptly remedy and correct any errors, omissions, or other deficiencies. The Professional
shall indemnify, save and hold harmless the City its officers and employees, in accordance with
Colorado law, from all damages whatsoever claimed by third parties against the City and for the
Capital Projects Procedures Manual – February 2010 Page
72
City's costs and reasonable attorney’s fees arising directly or indirectly out of the Professional's
negligent performance of any of the services furnished under this Agreement. The Professional
shall maintain commercial general liability insurance in the amount of $500,000 combined single
limits and errors and omissions insurance in the amount of .
7. Compensation. In consideration of services to be performed pursuant to this
Agreement, the City agrees to pay Professional on a time and reimbursable direct cost basis
designated in Exhibit "B", consisting of ( ) page(s), attached hereto and incorporated
herein by this reference. At the election of the City, each Work Order may contain a maximum
fee, which shall be negotiated by the parties hereto for each such Work Order. Monthly partial
payments based upon the Professional's billings and itemized statements are permissible. The
amounts of all such partial payments shall be based upon the Professional's City-verified
progress in completing the services to be performed pursuant to the Work Order and upon
approval of the Professional's direct reimbursable expenses. Final payment shall be made
following acceptance of the work by the City. Upon final payment, all designs, plans, reports,
specifications, drawings, and other services rendered by the Professional shall become the sole
property of the City.
8. City Representative. The City will designate, prior to commencement of work, its
project representative who shall make, within the scope of his or her authority, all necessary and
proper decisions with reference to the project. All requests for contract interpretations, change
orders, and other clarification or instruction shall be directed to the City Representative.
9. Project Drawings. Upon conclusion of the project and before final payment, the
Professional shall provide the City with reproducible drawings of the project containing accurate
information on the project as constructed. Drawings shall be of archival, prepared on stable
mylar base material using a non-fading process to provide for long storage and high quality
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73
reproduction. "CD" disc of the as-built drawings shall also be submitted to the owner in and
AutoCAD version no older then the established city standard.
10. Monthly Report. Commencing thirty (30) days after Notice to Proceed is given on
any Work Order and every thirty days thereafter, Professional is required to provide the City
Representative with a written report of the status of the work with respect to the Work Order,
Work Schedule and other material information. Failure to provide any required monthly report
may, at the option of the City, suspend the processing of any partial payment request.
11. Independent Contractor. The services to be performed by Professional are those
of an independent contractor and not of an employee of the City of Fort Collins. The City shall
not be responsible for withholding any portion of Professional's compensation hereunder for the
payment of FICA, Workers' Compensation, other taxes or benefits or for any other purpose.
12. Personal Services. It is understood that the City enters into this Agreement
based on the special abilities of the Professional and that this Agreement shall be considered as
an agreement for personal services. Accordingly, the Professional shall neither assign any
responsibilities nor delegate any duties arising under this Agreement without the prior written
consent of the City.
13. Acceptance Not Waiver. The City's approval of drawings, designs, plans,
specifications, reports, and incidental work or materials furnished hereunder shall not in any way
relieve the Professional of responsibility for the quality or technical accuracy of the work. The
City's approval or acceptance of, or payment for, any of the services shall not be construed to
operate as a waiver of any rights or benefits provided to the City under this Agreement.
14. Default. Each and every term and condition hereof shall be deemed to be a
material element of this Agreement. In the event either party should fail or refuse to perform
according to the terms of this agreement, such party may be declared in default.
15. Remedies. In the event a party has been declared in default, such defaulting
party shall be allowed a period of ten (10) days within which to cure said default. In the event
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74
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 himself of any other remedy at law or equity. If the non-defaulting
party commences legal or equitable actions against the defaulting party, the defaulting party
shall be liable to the non-defaulting party for the non-defaulting party's reasonable attorney fees
and costs incurred because of the default.
16. Binding Effect. This writing, together with the exhibits hereto, constitutes the
entire agreement between the parties and shall be binding upon said parties, their officers,
employees, agents and assigns and shall inure to the benefit of the respective survivors, heirs,
personal representatives, successors and assigns of said parties.
17. Law/Severability. The laws of the State of Colorado shall govern the
construction, interpretation, execution and enforcement of this Agreement. 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.
18. Prohibition Against Employing Illegal Aliens. Pursuant to Section 8-17.5-101,
C.R.S., et. seq., Professional represents and agrees that:
a. As of the date of this Agreement:
1. Professional does not knowingly employ or contract with an illegal alien
who will perform work under this Agreement; and
2. Professional will participate in either the e-Verify program created in
Public Law 208, 104th Congress, as amended, and expanded in Public Law 156,
108th Congress, as amended, administered by the United States Department of
Homeland Security (the “e-Verify Program”) or the Department Program (the
“Department Program”), an employment verification program established
pursuant to Section 8-17.5-102(5)(c) C.R.S. in order to confirm the employment
eligibility of all newly hired employees to perform work under this Agreement.
b. Professional shall not knowingly employ or contract with an illegal alien to
perform work under this Agreement or knowingly enter into a contract with a
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75
subcontractor that knowingly employs or contracts with an illegal alien to perform work
under this Agreement.
c. Professional is prohibited from using the e-Verify Program or Department
Program procedures to undertake pre-employment screening of job applicants while this
Agreement is being performed.
d. If Professional obtains actual knowledge that a subcontractor performing work
under this Agreement knowingly employs or contracts with an illegal alien, Professional
shall:
1. Notify such subcontractor and the City within three days that Professional
has actual knowledge that the subcontractor is employing or contracting with an
illegal alien; and
2. Terminate the subcontract with the subcontractor if within three days of
receiving the notice required pursuant to this section the subcontractor does not
cease employing or contracting with the illegal alien; except that Professional
shall not terminate the contract with the subcontractor if during such three days
the subcontractor provides information to establish that the subcontractor has not
knowingly employed or contracted with an illegal alien.
e. Professional shall comply with any reasonable request by the Colorado
Department of Labor and Employment (the “Department”) made in the course of an
investigation that the Department undertakes or is undertaking pursuant to the authority
established in Subsection 8-17.5-102 (5), C.R.S.
f. If Professional violates any provision of this Agreement pertaining to the duties
imposed by Subsection 8-17.5-102, C.R.S. the City may terminate this Agreement. If this
Agreement is so terminated, Professional shall be liable for actual and consequential
damages to the City arising out of Professional’s violation of Subsection 8-17.5-102,
C.R.S.
g. The City will notify the Office of the Secretary of State if Professional violates this
provision of this Agreement and the City terminates the Agreement for such breach.
19. Special Provisions. Special provisions or conditions relating to the services to
be performed pursuant to this Agreement are set forth in Exhibit "C", consisting of ( )
page(s), attached hereto and incorporated herein by this reference.
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76
THE CITY OF FORT COLLINS, COLORADO
By: _________________________________
James B. O'Neill II, CPPO, FNIGP
Director of Purchasing & Risk Management
Date: ______________________________
ATTEST:
_________________________________
City Clerk
APPROVED AS TO FORM:
________________________________
Assistant City Attorney
[Insert Professional's name] or
[Insert Partnership Name] or
[Insert individual's name]
Doing business as ____ [insert name of business]
By: _________________________________
Title: _______________________________
CORPORATE PRESIDENT OR VICE PRESIDENT
Date: _______________________________
ATTEST:
_________________________________ (Corporate Seal)
Corporate Secretary
Capital Projects Procedures Manual – February 2010 Page
77
EXHIBIT "A"
WORK ORDER FORM
PURSUANT TO AN AGREEMENT BETWEEN
THE CITY OF FORT COLLINS
AND
DATED:
Work Order Number:
Purchase Order Number:
Project Title:
Commencement Date:
Completion Date:
Maximum Fee: (time and reimbursable direct costs):
Project Description:
____________________________________________________________________________________
Scope of Services:
____________________________________________________________________________________
Acceptance _________________________________________
User
Professional agrees to perform the services
identified above and on the attached forms in
accordance with the terms and conditions
contained herein and in the Professional
Services Agreement between the parties. In the
event of a conflict between or ambiguity in the
terms of the Professional Services Agreement
and this work order (including the attached
forms) the Professional Services Agreement
shall control.
Professional
By:_________________________________
Date:_______________________________
The attached forms consisting of ___ (_) pages
are hereby accepted and incorporated herein, by
this reference, and Notice to Proceed is hereby
given.
City of Fort Collins
By:
_____________________________________
James B. O’Neill II, CPPO, FNIGP
Director of Purchasing and Risk Management
(over $60,000.00)
Date:
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82
H. Construction Agreement
SECTION 00520
AGREEMENT
THIS AGREEMENT is dated as of the day of in the year of 20__ and shall be
effective on the date this AGREEMENT is signed by the City.
The City of Fort Collins (hereinafter called OWNER) and
(hereinafter called CONTRACTOR)
OWNER and CONTRACTOR, in consideration of the mutual covenants hereinafter set forth,
agree as follows:
ARTICLE 1. WORK
CONTRACTOR shall complete all Work as specified or indicated in the Contract Documents.
The Project for which the Work under the Contract Documents may be the whole or only a part
is defined as the construction of the ******************************************.
ARTICLE 2. ENGINEER
The Project has been designed by ***************************, 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 in accordance with the Contract Documents.
ARTICLE 3. CONTRACT TIMES
3.1 The Work shall be Substantially Complete within *** days after the date when the
Contract Times commence to run as provided in the General Conditions and completed and
ready for Final Payment and Acceptance in accordance with the General Conditions within
*** days after the date when the Contract Times commence to run.
3.2. Liquidated Damages. OWNER and CONTRACTOR recognize that time is of the
essence of this Agreement and that OWNER will suffer financial loss if the Work is not
completed within the times specified in paragraph 3.1. above, plus any extensions thereof
allowed in accordance with Article 12 of the General Conditions.
They also recognize the delays, expenses and difficulties involved in proving in a legal
proceeding the actual loss suffered by OWNER if the Work is not completed on time.
Accordingly, instead of requiring any such proof, OWNER and CONTRACTOR agree that as
liquidated damages for delay (but not as penalty) CONTRACTOR shall pay OWNER the
amounts set forth hereafter.
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83
1) Substantial Completion:
******************* ($********) for each calendar day or fraction thereof that
expires after the ***************** (***) calendar day period for Substantial Completion
of the Work until the Work is Substantially Complete.
2) Final Acceptance:
After Substantial Completion, ******************* ($********) for each calendar day or
fraction thereof that expires after the *************** (***) calendar day period for Final
Payment and Acceptance until the Work is ready for Final Payment and Acceptance.
ARTICLE 4. CONTRACT PRICE
4.1. OWNER shall pay CONTRACTOR for performance of the Work in accordance with
the Contract Documents in current funds as follows: ($ ), $
Dollars, in accordance with Section 00300, attached and incorporated herein by this
reference.
ARTICLE 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, progress payments will be in the amount
equal to the percentage indicated below, 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.
90% of the value of Work completed until the Work has been 50% completed as
determined by ENGINEER, when the retainage equals 5% of the Contract Price, and if
the character and progress of the Work have been satisfactory to OWNER and
ENGINEER, OWNER on recommendation of ENGINEER, 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. 90% 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 for payment.
5.1.2. Upon Substantial Completion payment will be made in an amount sufficient to
increase total payments to CONTRACTOR to 95% of the Contract Price, less such
amounts as ENGINEER shall determine or OWNER may withhold in accordance
with paragraph 14.7 of the General Conditions or as provided by law.
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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.
ARTICLE 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.
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85
ARTICLE 7. CONTRACT DOCUMENTS
7.1 The Contract Documents which comprise the entire Agreement between OWNER
and CONTRACTOR concerning the Work consist of the General Conditions, Supplementary
Conditions, those items included in the definition of “Contract Documents” in Article 1.10 of
the General Conditions, and such other items as are referenced in this Article 7, all of which
are incorporated herein by this reference.
7.2 Forms for use by CONTRACTOR in performing the Work and related actions in
carrying out the terms of this Agreement are deemed Contract Documents and incorporated
herein by this reference, and include, but are not limited to, the following:
7.2.1 Certificate of Substantial Completion
7.2.2 Certificate of Final Acceptance
7.2.3 Lien Waiver Releases
7.2.4 Consent of Surety
7.2.5 Application for Exemption Certificate
7.2.6 Application for Payment
7.3 Drawings, consisting of a cover sheet and sheets numbered ____ through ____
inclusive with the following general title:
***************************************************************
***************************************************************
The Contract Drawings shall be stamped "Final for Construction" and dated. Any revisions
made shall be clearly identified and dated.
7.4. Addenda Numbers ____ to ____, inclusive.
7.5. 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.
7.6. 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.
ARTICLE 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
Capital Projects Procedures Manual – February 2010 Page
86
to the contrary in any written consent to an assignment no assignment will release or
discharge that assignor from any duty or responsibility under the Contract Document.
8.3. OWNER and CONTRACTOR each binds itself, its partners, successors, assigns
and legal representatives to the other party hereto, its partners, successors, assigns and
legal representatives in respect to all covenants, Agreement and obligations contained in the
Contract Document.
OWNER: CITY OF FORT COLLINS CONTRACTOR:
BY:_____________________________ BY:__________________________________
James B. O’Neill, II, CPPO, FNIGP
Director of Purchasing and Risk Management
Date:___________________________ Date:_________________________________
(CORPORATE SEAL)
Attest: ________________________ Attest:_________________________________
City Clerk
Address for giving notices: Address for giving notices:
P. O. Box 580 ______________________________________
Fort Collins, CO 80522 ______________________________________
LICENSE NO.:______________________
Approved as to Form
_______________________________
Assistant City Attorney
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87
I. Notice of Award
SECTION 00510
NOTICE OF AWARD
Date:__________________
TO: _____________________________
PROJECT: *******************************************************
OWNER: City of Fort Collins
(hereinafter referred to as "the OWNER")
You are hereby notified that your Bid dated ________________. ____ for the above project has
been considered. You are the apparent successful Bidder and have been awarded an
Agreement for ________________________________________________________________.
The Price of your Agreement is ___________________________________________________
_________________________________________________________ ($__________).
Three (3) copies of each of the proposed Contract Documents (except Drawings) accompany
this Notice of Award. Three (3) sets of the Drawings will be delivered separately or otherwise
made available to you immediately.
You must comply with the following conditions precedent within fifteen (15) days of the date of
this Notice of Award, that is by _____________, 20__.
1. You must deliver to the OWNER three (3) fully executed counterparts of the Agreement
including all the Contract Documents. Each of the Contract Documents must bear your
signature on the cover of the page.
2. You must deliver with the executed Agreement the Contract Security (Bonds) as
specified in the Instructions to Bidders, General Conditions (Article 5.1) and
Supplementary Conditions.
Failure to comply with these conditions within the time specified will entitle OWNER to consider
your Bid abandoned, to annul this Notice of Award and to declare your Bid Security forfeited.
Within ten (10) days after you comply with those conditions, OWNER will return to you one (1)
fully-signed counterpart of the Agreement with the Contract Documents attached.
City of Fort Collins
OWNER
By: _____________________________________
Title: ____________________________________
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88
J. Notice to Proceed
SECTION 00530
NOTICE TO PROCEED
Description of Work: ****************************** ***************************.
To: ______________________________
This notice is to advise you:
That the contract covering the above described Work has been fully executed by the
CONTRACTOR and the OWNER.
That the required CONTRACTOR's Performance Bond and Payment Bond have been received
by the OWNER.
That the OWNER has approved the said 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
Agreement.
Dated this day of , 20__.
The dates for Substantial Completion and Final Acceptance shall be __, 20__ and
_____ __, 20__, respectively.
City of Fort Collins
OWNER
By: _________________________________
Title: ________________________________
ACKNOWLEDGMENT OF NOTICE
Receipt of the above Notice to Proceed is hereby acknowledged this day of ,
20__.
CONTRACTOR
By:
Title:
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89
K. Certificate of Substantial Completion
SECTION 00635
CERTIFICATE OF SUBSTANTIAL COMPLETION
TO: CITY OF FORT COLLINS
(OWNER)
DATE OF SUBSTANTIAL COMPLETION: PROJECT TITLE:
__________________________________ ______________________________________
______________________________________
PROJECT OR SPECIFIED PART SHALL LOCATION: Fort Collins, Colorado
INCLUDE:
OWNER: City of Fort Collins
____________________________
_________________________________ CONTRACTOR:
_________________________________ ______________________________________
_________________________________
CONTRACT DATE:______________________
The Work performed under this contract has been inspected by authorized representatives of
the OWNER, CONTRACTOR, and the ENGINEER and the project (or specified part of the
project, as indicated above) is hereby declared to 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.
_________________________ ______________________________________
ENGINEER AUTHORIZED REPRESENTATIVE DATE
The CONTRACTOR accepts the above Certificate of Substantial Completion and agrees to
complete and correct the items on the tentative list within the time indicated.
________________________________ By: ______________________________________
CONTRACTOR AUTHORIZED REPRESENTATIVE DATE
The OWNER accepts the project or specified area of the project as substantially complete and
will assume full possession of the project or specified area of the project at 12:01 a.m., on
______. The responsibility for heat, utilities, security, and insurance under the Contract
Documents shall be as set forth under "Remarks" below.
CITY OF FORT COLLINS, COLORADO By: _____________________________________
OWNER AUTHORIZED REPRESENTATIVE DATE
REMARKS:
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L. Certificate of Final Acceptance
SECTION 00640
CERTIFICATE OF FINAL ACCEPTANCE
________________, _____
TO: __________
__________
__________
Gentlemen:
You are hereby notified that on the _______ day of _________, _____, the City of Fort
Collins, Colorado, has accepted the Work completed by __________, for the City of Fort
Collins Work Order, titled ________________________________, Work Order Number
________.
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 and Title
ATTEST: __________________________________________
___________________________________________
Name and Title
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M. Services Agreement
SERVICES AGREEMENT
WORK ORDER TYPE
THIS AGREEMENT made and entered into the day and year set forth below, by and
between THE CITY OF FORT COLLINS, COLORADO, a Municipal Corporation, hereinafter
referred to as the "City" and hereinafter referred to as "Service Provider".
WITNESSETH:
In consideration of the mutual covenants and obligations herein expressed, it is agreed
by and between the parties hereto as follows:
1. Services to be Performed.
a. This Agreement shall constitute the basic agreement between the parties for services
for . The conditions set forth herein shall apply to all services performed by the Service
Provider on behalf of the City and particularly described in Work Orders agreed upon in writing
by the parties from time to time. Such Work Orders, a sample of which is attached hereto as
Exhibit "A", consisting of ( )page(s) and incorporated herein by this reference, shall
include a description of the services to be performed, the location and time for performance, the
amount of payment, any materials to be supplied by the City and any other special
circumstances relating to the performance of services. No work order shall exceed $ .
The only services authorized under this agreement are those which are performed after receipt
of such Work Order, except in emergency circumstances where oral work requests may be
issued. Oral requests for emergency actions will be confirmed by issuance of a written Work
Order within two (2) working days.
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b. The City may, at any time during the term of a particular Work Order and without
invalidating the Agreement, make changes within the general scope of the particular services
assigned and the Service Provider agrees to perform such changed services.
2. Changes in the Work. The City reserves the right to independently bid any
services rather than issuing work to the Service Provider pursuant to this Agreement. Nothing
within this Agreement shall obligate the City to have any particular service performed by the
Service Provider.
3. Time of Commencement and Completion of Services. The services to be
performed pursuant to this Agreement shall be initiated as specified by each written Work Order
or oral emergency service request. Oral emergency service requests will be acted upon without
waiting for a written Work Order. Time is of the essence.
4. Contract Period {Option 1} This Agreement shall commence upon the date of
execution shown on the signature page of this Agreement and shall continue in full force and
effect for one (1) year, unless sooner terminated as herein provided. In addition, at the option of
the city, the Agreement may be extended for an additional period of one (1) year at the rates
provided with written notice to the professional mailed no later than 90 days prior to contract
end.
4. Contract Period. {Option 2] This Agreement shall commence , 200
and shall continue in full force and effect until , 200 , unless sooner terminated as
herein provided. In addition, at the option of the City, the Agreement may be extended for
additional one year periods not to exceed ( ) additional one year periods.
Renewals and pricing changes shall be negotiated by and agreed to by both parties. The
Denver Boulder Greeley CPIU published by the Colorado State Planning and Budget Office will
be used as a guide. Written notice of renewal shall be provided to the Service Provider and
mailed no later than 90 days prior to contract end.
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5. Delay. If either party is prevented in whole or in part from performing its
obligations by unforeseeable causes beyond its reasonable control and without is fault or
negligence, then the party so prevented shall be excused from whatever performance is
prevented by such cause. To the extent that the performance is actually prevented, the Service
Provider must provide written notice to the City of such condition within fifteen (15) days from
the onset of such condition.
6. Early Termination by City/Notices. Notwithstanding the time periods contained
herein, the City may terminate this Agreement at any time without cause by providing written
notice of termination to the Service Provider. Such notice shall be mailed at least fifteen (15)
days prior to the termination date contained in said notice unless otherwise agreed in writing by
the parties. All notices provided under this Agreement shall be effective when mailed, postage
prepaid and sent to the following address:
City Service Provider
City of Fort Collins
Attn:
PO Box 580
Fort Collins, CO 80522
In the event of early termination by the City, the Service Provider shall be paid for services
rendered to the termination date, subject only to the satisfactory performance of the Service
Provider's obligations under this Agreement. Such payment shall be the Service Provider's
sole right and remedy for such termination.
7. Contract Sum. This is an open-end indefinite quantity Agreement with no fixed
price. The actual amount of work to be performed will be stated on the individual Work Orders.
The City makes no guarantee as to the number of Work Orders that may be issued or the actual
amount of services which will in fact be requested.
8. Payments.
a. The City agrees to pay and the Service Provider agrees to accept as full
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payment for all work done and all materials furnished and for all costs and expenses incurred in
performance of the work the sums set forth for the hourly labor rate and material costs, with
markups, stated within the Bid Schedule Proposal Form, attached hereto as Exhibit "B",
consisting of two (2) page[s], and incorporated herein by this reference.
b. Payment shall be made by the City only upon acceptance of the work by the
City and upon the Service Provider furnishing satisfactory evidence of payment of all wages,
taxes, supplies and materials, and other costs incurred in connection with the performance of
such work.
9. Liquidated Damages. OWNER and CONTRCTOR recognize that time is of the
essence of this Agreement and that OWNER will suffer financial loss if the Work is not
completed within the times specified in the work order, plus any extensions thereof allowed in
accordance with Article 12 of the General conditions. They also recognize the delays, expenses
and difficulties involved in proving in a legal proceeding the actual loss suffered by OWNER if
the Work is not completed on time. Accordingly instead of requiring any such proof, OWNER
and CONTRACTOR agree that as liquidated damages for delay (but not as penalty)
CONTRACTOR shall pay OWNER the amount set forth in each Work Order.
10. City Representative. The City's representative will be shown on the specific
Work Order and shall make, within the scope of his or her authority, all necessary and proper
decisions with reference to the work requested. All requests concerning this Agreement shall
be directed to the City Representative.
11. Independent Contractor. It is agreed that in the performance of any services
hereunder, the Service Provider is an independent contractor responsible to the City only as to
the results to be obtained in the particular work assignment and to the extend that the work shall
be done in accordance with the terms, plans and specifications furnished by the City.
12. Personal Services. It is understood that the City enters into the Agreement
based on the special abilities of the Service Provider and that this Agreement shall be
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considered as an agreement for personal services. Accordingly, the Service Provider shall
neither assign any responsibilities nor delegate any duties arising under the Agreement without
the prior written consent of the city.
13. Acceptance Not Waiver. The City's approval or acceptance of, or payment for
any of the services shall not be construed to operate as a waiver of any rights under the
Agreement or of any cause of action arising out of the performance of this Agreement.
14. Warranty.
a. Service Provider warrants that all work performed hereunder shall be performed with
the highest degree of competence and care in accordance with accepted standards for work
of a similar nature.
b. Unless otherwise provided in the Agreement, all materials and equipment incorporated
into any work shall be new and, where not specified, of the most suitable grade of their
respective kinds for their intended use, and all workmanship shall be acceptable to City.
c. Service Provider warrants all equipment, materials, labor and other work, provided under
this Agreement, except City-furnished materials, equipment and labor, against defects and
nonconformances in design, materials and workmanship/workwomanship for a period
beginning with the start of the work and ending twelve (12) months from and after final
acceptance under the Agreement, regardless whether the same were furnished or
performed by Service Provider or by any of its subcontractors of any tier. Upon receipt of
written notice from City of any such defect or nonconformances, the affected item or part
thereof shall be redesigned, repaired or replaced by Service Provider in a manner and at a
time acceptable to City.
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15. Default. Each and every term and condition hereof shall be deemed to be a
material element of this Agreement. In the event either party should fail or refuse to perform
according to the terms of this agreement, such party may be declared in default thereof.
16. Remedies. In the event a party has been declared in default, such defaulting
party shall be allowed a period of ten (10) days within which to cure said default. In the event
the default remains uncorrected, the party declaring default may elect to (a) terminate the
Agreement and seek damages; (b) treat the Agreement as continuing and require specific
performance; or (c) avail himself of any other remedy at law or equity. If the non-defaulting
party commences legal or equitable actions against the defaulting party, the defaulting party
shall be liable to the non-defaulting party for the non-defaulting party's reasonable attorney fees
and costs incurred because of the default.
17. Binding Effect. This writing, together with the exhibits hereto, constitutes the
entire agreement between the parties and shall be binding upon said parties, their officers,
employees, agents and assigns and shall inure to the benefit of the respective survivors, heirs,
personal representative, successors and assigns of said parties.
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18. Indemnity/Insurance.
a. The Service Provider agrees to indemnify and save harmless the City, its officers, agents
and employees against and from any and all actions, suits, claims, demands or liability of any
character whatsoever, brought or asserted for injuries to or death of any person or persons, or
damages to property arising out of, result from or occurring in connection with the performance
of any service hereunder.
b. The Service Provider shall take all necessary precautions in performing the work
hereunder to prevent injury to persons and property.
c. Without limiting any of the Service Provider's obligations hereunder, the Service
Provider shall provide and maintain insurance coverage naming the City as an additional
insured under this Agreement of the type and with the limits specified within Exhibit "D",
consisting of ( ) page[s], attached hereto and incorporated herein by this reference.
The Service Provider before commencing services hereunder, shall deliver to the City's Director
of Purchasing and Risk Management, P. O. Box 580, Fort Collins, Colorado 80522 one copy of
a certificate evidencing the insurance coverage required from an insurance company acceptable
to the city.
19. Entire Agreement. This Agreement, along with all Exhibits and other documents
incorporated herein, shall constitute the entire Agreement of the parties. Covenants or
representations not contained in this Agreement shall not be binding on the parties.
20. Law/Severability. This Agreement shall be governed in all respect by the laws of
the State 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.
21. Prohibition Against Employing Illegal Aliens. Pursuant to Section 8-17.5-101,
C.R.S., et. seq., Service Provider represents and agrees that:
a. As of the date of this Agreement:
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1. Service Provider does not knowingly employ or contract with an illegal
alien who will perform work under this Agreement; and
2. Service Provider will participate in either the e-Verify program created
in Public Law 208, 104th Congress, as amended, and expanded in Public Law
156, 108th Congress, as amended, administered by the United States
Department of Homeland Security (the “e-Verify Program”) or the Department
Program (the “Department Program”), an employment verification program
established pursuant to Section 8-17.5-102(5)(c) C.R.S. in order to confirm the
employment eligibility of all newly hired employees to perform work under this
Agreement.
b. Service Provider shall not knowingly employ or contract with an illegal alien to
perform work under this Agreement or knowingly enter into a contract with a
subcontractor that knowingly employs or contracts with an illegal alien to perform work
under this Agreement.
c. Service Provider is prohibited from using the e-Verify Program or Department
Program procedures to undertake pre-employment screening of job applicants while this
Agreement is being performed.
d. If Service Provider obtains actual knowledge that a subcontractor performing
work under this Agreement knowingly employs or contracts with an illegal alien, Service
Provider shall:
1. Notify such subcontractor and the City within three days that Service
Provider has actual knowledge that the subcontractor is employing or contracting
with an illegal alien; and
2. Terminate the subcontract with the subcontractor if within three days of
receiving the notice required pursuant to this section the subcontractor does not
cease employing or contracting with the illegal alien; except that Service Provider
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shall not terminate the contract with the subcontractor if during such three days
the subcontractor provides information to establish that the subcontractor has not
knowingly employed or contracted with an illegal alien.
e. Service Provider shall comply with any reasonable request by the Colorado
Department of Labor and Employment (the “Department”) made in the course of an
investigation that the Department undertakes or is undertaking pursuant to the authority
established in Subsection 8-17.5-102 (5), C.R.S.
f. If Service Provider violates any provision of this Agreement pertaining to the
duties imposed by Subsection 8-17.5-102, C.R.S. the City may terminate this
Agreement. If this Agreement is so terminated, Service Provider shall be liable for actual
and consequential damages to the City arising out of Service Provider’s violation of
Subsection 8-17.5-102, C.R.S.
g. The City will notify the Office of the Secretary of State if Service Provider violates
this provision of this Agreement and the City terminates the Agreement for such breach.
22. Special Provisions. [Optional] Special provisions or conditions relating to the
services to be performed pursuant to this Agreement are set forth in Exhibit , consisting of
( ) page[s], attached hereto and incorporated herein by this reference.
Capital Projects Procedures Manual – February 2010 Page
100
CITY OF FORT COLLINS, COLORADO
a municipal corporation
By: __________________________________
James B. O'Neill II, CPPO
Director of Purchasing and Risk Management
Date:_________________________________
ATTEST:
____________________________
City Clerk
APPROVED AS TO FORM:
____________________________
Assistant City Attorney
[INSERT CORPORATIONS NAME] or
[Insert Partnership name] or
[Insert individual's name]
Doing business as [Insert name of business]
By:____________________________________
_______________________________________
Capital Projects Procedures Manual -- January, 2009 Page
101
EXHIBIT "A"
WORK ORDER FORM
PURSUANT TO AN AGREEMENT BETWEEN
THE CITY OF FORT COLLINS
AND
______________________
DATED: _____________
Work Order Number:___________________________________________________________________
Purchase Order Number: _______________________________________________________________
Project Title: _________________________________________________________________________
Commencement Date: _________________________________________________________________
Completion Date: _____________________________________________________________________
Maximum Fee: (time and reimbursable direct costs): _________________________________________
Project Description: ___________________________________________________________________
____________________________________________________________________________________
____________________________________________________________________________________
Scope of Services: ____________________________________________________________________
____________________________________________________________________________________
____________________________________________________________________________________
Acceptance _________________________________
User
Service Provider agrees to perform the services
identified above and on the attached forms in
accordance with the terms and conditions
contained herein and in the Services Agreement
between the parties. In the event of a conflict
between or ambiguity in the terms of the
Services Agreement and this work order
(including the attached forms) the Services
Agreement shall control.
Service Provider
By:___________________________________
Date:_________________________________
The attached forms consisting of ____ (_) pages
are hereby accepted and incorporated herein by
this reference, and Notice to Proceed is hereby
given.
City of Fort Collins
By: ___________________________________
Date: _________________________________
Director of Purchasing and Risk Management
Over $60,000
CC: Purchasing
. . .
. . .
. . .
.
........
Capital Projects Procedures Manual -- January, 2009 Page
102
Field Report
N. Field Report
DATE: < fill in date here>
LOCATION: < insert name of Department Head here> <insert name of engineer>
PROJECT ADDRESS ENGINEER
FROM: < insert name of Project Manager here>
PROJECT MANAGER
RE: < insert Project #> < insert Project Title here>
PROJECT # PROJECT TITLE
<insert name of contractor> <insert contractors representative name>
CONTRACTOR CONTRACTOR REPRESENTATIVE
WEATHER:
TEMPERATURE:
REPORT OF ACTIVITIES:
< A short summary of the weather.>
< Insert the temperature.>
< A short summary report of activities.>
Capital Projects Procedures Manual -- January, 2009 Page
103
APPENDIX B – ENVIRONMENTAL CHECKLIST
Capital Projects Procedures Manual -- January, 2009 Page
104
APPENDIX B – ENVIRONMENTAL CHECKLIST
Criteria for assessing the impacts of development activities may be found under Division
3.4 of the Fort Collins Land Use Code (LUC). Studies that may be required to assess
impacts many include but are not limited to:
ENVIRONMENTAL CHECKLIST WILL THIS
APPLY?
YES NO
Will you need to meet with Natural Resources Staff?
Development Code Compliance?
Environmental Compliance Specialist?
Conformance with Sustainability, Climate Protection, and Air
Quality Action Plans?
What Green Building practices will be implemented?
Is LEED-NC2 Silver Certification an objective of this project?
Are there opportunities to optimize water and energy
conservation?
Are recycling opportunities being utilized?
o Construction waste recycling?
o Adequate space in design for recycling services?
o The use of alternative construction materials?
Earth
Are soils types in the project area limiting to construction or
other development activities?
Are there areas of potential geologic hazard (stability, slumping,
shallow depth to bedrock) in the project area?
Are there significant mineral deposits in the project area?
Is there existing or potential soil contamination in the project
area?
o Will reports related to environmental condition of the
property to be developed (i.e. Phase I, Phase II, etc.) be
required of this project?
o Will a Hazardous Materials Impact Analysis as described in
section 3.4.5 (C) of the LUC be required?
Are there unique physical features in the project area?
Water
Will hydrology, water quality and groundwater studies be
required?
Does the project affect groundwater or water table quality or
volume?
Capital Projects Procedures Manual -- January, 2009 Page
105
Is the quality of surface waters affected (i.e. through point or
nonpoint discharges)?
Does the project include any dredge or fill activities?
o Will any Federal, State or Local agencies require permits
and/or mitigation?
Does the project require surface water withdrawals?
Does the project include structural modifications to streams,
banks, wetlands, canals, ditches, etc.?
Does the project entail additions to, removal of, or other
alterations to stream crossings?
Is the project located in a floodplain or floodway?
Is the project located in, or does it directly or indirectly affect
wetlands?
o Is a Wetland Boundary Delineations as described in section
3.4.1 (D) of the LUC required?
o Will monitoring wells and or piezometers be required?
o Will any Federal, State or Local agencies require permits
and/or mitigation?
Does the project involve the creation of detention basin(s)?
o What type of vegetation will be needed?
Natural Habitats and Special Features
Are Natural Habitats and/or Special Features as defined under article
5 of the LUC found on or within five hundred (500) feet of the project
site?
Natural Habitats and Special Features include:
Natural Communities or Habitats:
o Aquatic (e.g., rivers, streams, lakes, ponds);
o Wetland and wet meadow;
o Native grassland;
o Riparian forest;
o Urban plains forest;
o Riparian shrubland; and
o Foothills forest.
Special Features:
o Significant remnants of native plant communities;
o Potential habitats and known locations of rare, threatened or
endangered plants;
o Potential habitats and known locations of rare, threatened or
endangered animals;
o Raptor habitat features, including nest sites, communal
roost sites and key concentration areas;
o Concentration areas for nesting and migratory shorebirds
and waterfowl;
Capital Projects Procedures Manual -- January, 2009 Page
106
Environmental Checklist (cont.) Will this
Apply?
Natural Habitats and Special Features (cont.) YES NO
o Migratory songbird concentration areas;
o Key nesting areas for grassland birds;
o Fox and coyote dens;
o Mule deer winter concentration areas;
o Prairie dog colonies over fifty (50) acres in size;
o Concentration areas for rare, migrant or resident butterflies;
o Areas of high terrestrial or aquatic insect diversity;
o Areas of significant geological or paleontological interest;
and
o Irrigation ditches that serve as wildlife corridors.
Will an Ecological Characterization Study – as described in
section 3.4.1 (D) of the LUC be required?
Will Natural Habitat and Features Buffer Zones or Buffer Zone
Performance Standards be applied to this project?
Does the project negatively affect an area of:
o Regional Value (importance, scarcity);
o Local Value (importance, scarcity);
o Open space/recreational importance;
o Valuable/unique habitat, plant or animal communities;
o Ecological sensitivity;
o Biological productivity.
Does the project interfere with existing wildlife corridors, or
does it present new barriers to wildlife?
Is there a possibility that any Sensitive or Specially Valued
Species (as described in section 3.4.1(F) of the LUC) might be
found on or within five hundred (500) feet of the project site?
o Mouse, Preble's meadow jumping (Zapus hudsonius
preblei)?
o Trout, greenback cutthroat (Oncorhynchus clarki stomias)?
o Butterfly plant, Colorado (Gaura neomexicana var.
coloradensis)?
o Ladies'-tresses, Ute (Spiranthes diluvialis)?
o Owl, Burrowing (Athene cunicularia)?
o Other?______________________________________
____________________________________________
Will additional environmental Survey, Studies or Reports be
required?
____________________________________________
____________________________________________
____________________________________________
Capital Projects Procedures Manual -- January, 2009 Page
107
Could the project negatively affect an existing fishery?
Will the project be required to revegetate or restore with Fort
Collins native plant species?
Will written statements from federal, state and local agencies
verifying compliance with applicable environmental regulations
within their jurisdiction as described in section 3.4.1(O) of the
LUC be required?
Will reports or studies be required providing data related to any
noise generated by proposed land use and activities as
described in section 3.4.4 of the LUC?
Capital Projects Procedures Manual -- January, 2009 Page
108
APPENDIX C – RECORDS MANAGEMENT
Capital Projects Procedures Manual -- January, 2009 Page
109
APPENDIX C – RECORDS MANAGEMENT
A. Records Management
Project Managers are responsible for keeping all the project records in conformance
with the City’s General Retention Schedule. The record file shall include:
all correspondence associated with the project;
all budgets in order to provide an audit trail of all project expenditures;
all meeting notes; and,
a detailed daily log of the construction activities. (Refer to the Construction
section, Paragraph B.)
copies of all project specifications and drawings
Capital Projects Procedures Manual -- January, 2009 Page
110
APPENDIX D – ACCOUNT NUMBERS AND DESCRIPTIONS
Capital Projects Procedures Manual -- January, 2009 Page
111
APPENDIX D – ACCOUNT NUMBERS AND DESCRIPTIONS
For Use by PMPD Division
Issued: May 20, 2003
Revised: August 11, 2003
Revised: June 23, 2004
Revised: ______, 2009
NOTES:
1. Project Manager selects the phase and object for each project, when loading
the project budget.
2. These objects will be the standard objects. A Project Manager may add other
objects to the project budget, if needed.
Account Number Description
510000: Personal Services
511010 Salaries-Regular
511020 Salaries-Hourly
520000: Purchased Prof & Tech Services
521110 Architectural Services
521140 Project Management Services
521160 Testing Services
521210 Consulting Services
521370 Contractual Labor
529999 Other Prof & Tech Services
530000: Purchased Property Services
535010 Construction Services
533260 Land Maintenance Services
539999 Other Property Services
540000: Other Purchased Services
542010 Telephone Services
549120 Moving Services
550000: Supplies
551040 Tools & Related Supplies
555010 Office Supplies
555020 Office Equipment
555030 Furniture
559010 Meals – Business, Non-Travel
559999 Other Supplies
Capital Projects Procedures Manual -- January, 2009 Page
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560000: Capital Outlay
561010 Land
565050 Mechanical & Heavy Equipment
569999 Other Capital Outlay
570000: Other
579090 Other Contingency
Capital Projects Procedures Manual -- January, 2009 Page
113
APPENDIX E – GRANT PROCEDURES
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114
APPENDIX E – GRANT PROCEDURES
1. Accounting Requirements:
Department completes application and submits to the granting agency. After the
grant is approved by the granting agency:
SEND a copy of each approved grant application to the Accounting
Division.
SEND a copy of the award letter to Accounting at time of notification.
SEND copy of contract to Accounting at time of receipt.
CONFIRM with Accounting, the amount to appropriate, plus any matching
funds (Exhibit A, page 3), if applicable, before proceeding with the Budget
Requirements. Notify Accounting if the matching balance involves
anything other than cash (i.e., donations of materials, volunteer time, etc.).
Notify Accounting what business unit contains the matching funds.
CONTACT Accounting to get the new business unit(s)/objects set up in
the financial system for the grant.
2. Budget Requirements:
A. Most grants are approved outside the Biennial Budget Process and require an
appropriation by City Council. Grants should be appropriated as soon as possible,
upon receiving approval from the grantor.
To appropriate approved grants:
CONTACT the City Clerk’s Office to inform them you have an
appropriation item for Council.
Responsibilities and procedures for scheduling and preparing agenda
items can be found in the Agenda Process Manual, prepared by the City
Clerk’s Office.
PREPARE an Agenda Item Summary (AIS), in accordance with guidelines
established in the Agenda Process Manual, and forward the draft AIS to
the Clerk’s Office and to the Budget Office.
MAKE SURE that any grant “matching funds” requirements are addressed
in the AIS. See Exhibit A (page 3).
The Budget Office will draft appropriation ordinances for any grants, based on the
information contained in the AIS.
Certain grants may require the execution of intergovernmental agreements as part
of the terms of acceptance. The execution of such agreements may require that a
Capital Projects Procedures Manual -- January, 2009 Page
115
Resolution be prepared for Council approval, to accompany the AIS and
Appropriation Ordinance.
CONTACT the City Attorney’s Office if a Resolution is needed.
Appropriation ordinances presented to Council for approval require two readings.
Approved ordinances are effective ten days following second reading.
Following second reading of the appropriation ordinance, notify the Budget
Office and provide them with business unit(s)/objects from your
accountant (see page 1).
The Accounting Division will load the estimated revenues and
appropriations in the financial system upon receipt of a memo from the
Budget Office.
B. Grants are typically not appropriated as part of the City’s Biennial Budget
Process with the exception of grants in the Transit Services Fund.
DEVELOP an estimate of the grant proceeds.
CONTACT Accounting to get the new business unit(s)/objects set up on
the financial system for the grant.
ENTER budgeted appropriations and estimated revenue in the grant
project, following the guidelines and instructions provided in the Budget
Office’s Biennial Budget Manual.
When grants are awarded:
FOLLOW the Accounting Requirements in Section 1.
If the actual award is less than the budget amount, NOTIFY, the Budget
Office and the excess appropriations will be transferred to a “frozen
appropriations” line item. Budget will notify Accounting.
If the actual award is greater than the budget amount, NOTIFY, the
Budget Office and follow the steps for grants approved outside the
Biennial Budget Process.
3. On Going Accounting Requirements:
Monthly/quarterly reports should be filed on a timely basis with the granting agency.
Usually there are two different reports:
First is a status report that informs the agency regarding what has occurred
during the current period.
Second is a request for reimbursement of monies from the granting agency
based on eligible expenditures incurred during the period.
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116
SEND a copy of the request for reimbursement to Accounting.
SEND to the Cash Systems Coordinator all grant agency enrollment forms
(for electronic payments) for completion.
NOTIFY the Financial Analyst of upcoming electronic payments (if
applicable).
SUBMIT to Accounting a list of “eligible expenditures” for each grant in
October and January.
Review your grants quarterly.
NOTIFY Accounting of any final billings and/or close out of grant business
units.
EXHIBIT A:
Grant Matching Funds
If your grant requires matching funds they should be identified before you apply for your
grant. The Agenda Item Summary (AIS) must mention the matching expenditures.
The preferred method for accounting is to record matching expenditures in the same
new business unit as your grant.
There are two department options for matching funds:
1. You have identified dollars in your current year appropriations that you could
use for your match.
2. You are able to identify funds available from prior year reserves. You would
need to work with your financial coordinator to make sure there are funds
available.
Capital Projects Procedures Manual -- January, 2009 Page
117
GLOSSARY OF TERMS
Capital Projects Procedures Manual -- January, 2009 Page
118
GLOSSARY OF TERMS
Appropriation – legal authorization granted by City Council to make expenditures and incur
obligations up to a specific dollar amount.
Appropriation Ordinance – an ordinance by which appropriations are made legal. It is the
method by which the City Council authorizes expenditures for the subsequent fiscal year.
Bid Bond - a legal statement on the City’s standard form that guarantees the bid, usually 5% of
the bid amount.
Budget - a plan of financial operation, embodying an estimate of proposed expenditures for a
given period and the proposed revenue estimates of financing them. Upon approval by City
Council, the budget appropriation ordinance is the legal basis for expenditures in the budget
year.
Capital Improvement Program – an annual, updated plan of capital expenditures for public
facilities and infrastructure (buildings, streets, etc.), with estimated costs, sources of funding and
timing of work over a period of time. * Criteria relating to what constitutes an individual capital
project are explained in the Financial Policies: Accounting and Budget section of the manual.
Certificates of Participation (COP’s) – a financing instrument used to acquire and construct
major capital facilities and improvements. Through the Fort Collins Leasing Corporation, the
City issues certificates of participation (COP’s). The financing is secured by the constructed
facilities and improvements, and debt service payments are made from the rents collected by
the Leasing Corporation, based upon lease agreements between the City and the Corporation.
Consent of Surety - a legal statement on the City’s standard form in which the Surety of the
Contractor approves the final payment and shall not relieve the Surety of any of its obligations.
Contingency - a special part of a project budget or an overall program budget that is
established to cover unforeseen costs to the project. If unforeseen expenses arise, a budget
transfer must be processed transferring the budget from Contingency to the appropriate line
item account at the time a Purchase Requisition is created. (Nothing can be charged to
Contingency or Miscellaneous account.)
Grants – contributions of cash or other assets from the Federal or State government to be used
or expended for a specific purpose, activity or capital improvement.
Letter of Credit - (Addendum to Construction Agreement Pertaining to Retainage) -The
Contractor ensures its satisfactory performance under the contract by means of a deposit in
escrow of the acceptable securities to be at least equal to the amount of retainage.
Lien Waiver Release - a legal statement on the City’s standard form in which the Contractor
states to the best of their knowledge, no liens will be filed on the project, and all subcontractors
and suppliers have been paid by the Contractor.
Capital Projects Procedures Manual -- January, 2009 Page
119
Milestone Schedule - a summary by specified date of the major activities of a project and
major decision points that result in completion of a project.
Non-Collusion Statement - a legal statement on the City’s standard form in which a Bidder
states they have not in any way colluded, conspired, connived or agreed, directly or indirectly
with any other Bidder, to submit a collusive or sham bid.
Payment Bond - a legal statement on the City’s standard form in which the Surety of the
successful Contractor guarantees payment of all subcontractors and materials providers for the
project.
Performance Bond - a legal statement on the City’s standard form in which the Surety of the
successful Contractor guarantees their performance of the contract.
Progressing - a task performed by the Project Manager wherein the percentage completion of
work is determined.
Project Budget Appropriation Status Report - this is a report that will include the following:
Total original project budget
Total revised project budget
Annual budget
Prior year’s expenditures
Current year’s expenditures
Current year’s encumbrances
Total expenditures and encumbrances to date
Supplemental Appropriations - the amount of money that is appropriated above the annual or
re-appropriation ordinances. Must have unanticipated revenues or fund balance from prior years
available to cover the additional amount that is being appropriated.
Work Breakdown Structure - a division of a project into its component parts to succeeding
lower levels.
Work Package - element of control below the level of Phase in the Project Tracking
Subsystem. For example, the element paving would be a work package under the Construction
Phase.
Work Unit- element of control below the level of Work Package in the Project Tracking
Subsystem. For example, the element asphalt would be a work unit under the Work Package of
paving.