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HomeMy WebLinkAboutRFP - 7515 CONSULTING ENGINEERING SERVICES FOR FUTURE WATER WW & SW FACILITIES CAPITAL IMPROVEMENTS (2)Addendum 1 - 7515 Consulting Engineering Services for Future Water, Wastewater & Stormwater Capital Improvements Page 1 of 1 ADDENDUM NO. 2 SPECIFICATIONS AND CONTRACT DOCUMENTS Description of BID 7515: Consulting Engineering Services for Future Water, Wastewater & Stormwater Facilities Capital Improvements OPENING DATE: 3:00 PM (Our Clock) June 12, 2013 To all prospective bidders under the specifications and contract documents described above, the following changes/additions are hereby made and detailed as follows: 1. The link to the City of Fort Collins Capital Project Procedure Manual shown on page 7 of the RFP document does not work. Therefore, the manual has been attached to this addendum. Please contact Pat Johnson, CPPB, Buyer at (970) 221-6816 with any questions regarding this addendum. RECEIPT OF THIS ADDENDUM MUST BE ACKNOWLEDGED BY A WRITTEN STATEMENT ENCLOSED WITH THE BID/QUOTE STATING THAT THIS ADDENDUM HAS BEEN RECEIVED. Financial Services Purchasing Division 215 N. Mason St. 2nd Floor PO Box 580 Fort Collins, CO 80522 970.221.6775 970.221.6707 fcgov.com/purchasing City 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 Capital Projects Procedures Manual -- January, 2009 Page 2 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 Capital Projects Procedures Manual -- January, 2009 Page 3 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 Capital Projects Procedures Manual -- January, 2009 Page 4 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 Capital Projects Procedures Manual -- January, 2009 Page 5 SECTION 1 – OVERVIEW Capital Projects Procedures Manual -- January, 2005 Page 6 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 Capital Projects Procedures Manual -- January, 2009 Page 7 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 Capital Projects Procedures Manual -- January, 2009 Page 8 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. Capital Projects Procedures Manual -- January, 2009 Page 9 SECTION 2 – FINANCIAL POLICIES: ACCOUNTING AND BUDGET Capital Projects Procedures Manual -- January, 2009 Page 10 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 Capital Projects Procedures Manual -- January, 2009 Page 11 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 Capital Projects Procedures Manual -- January, 2009 Page 12 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 Capital Projects Procedures Manual -- January, 2009 Page 13 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. Capital Projects Procedures Manual -- January, 2009 Page 14 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: Capital Projects Procedures Manual -- January, 2009 Page 15  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. Capital Projects Procedures Manual -- January, 2009 Page 16 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. Capital Projects Procedures Manual -- January, 2009 Page 17 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. Capital Projects Procedures Manual -- January, 2009 Page 18 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. Capital Projects Procedures Manual -- January, 2009 Page 19 SECTION 3 – LAND ACQUISITION Capital Projects Procedures Manual -- January, 2009 Page 20 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 Capital Projects Procedures Manual -- January, 2009 Page 21  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. Capital Projects Procedures Manual -- January, 2009 Page 22 SECTION 4 – DESIGN Capital Projects Procedures Manual -- January, 2009 Page 23 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 Capital Projects Procedures Manual -- January, 2009 Page 24 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. Capital Projects Procedures Manual -- January, 2009 Page 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. Capital Projects Procedures Manual -- January, 2009 Page 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 Capital Projects Procedures Manual – February 2010 Page 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 Capital Projects Procedures Manual – February 2010 Page 51 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. Capital Projects Procedures Manual – February 2010 Page 52 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. Capital Projects Procedures Manual – February 2010 Page 53 APPENDIX A – STANDARD FORMS Capital Projects Procedures Manual – February 2010 Page 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 Capital Projects Procedures Manual – February 2010 Page 55 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 Capital Projects Procedures Manual – February 2010 Page 56 3) Application and Certificate for Payment Capital Projects Procedures Manual – February 2010 Page 57 Capital Projects Procedures Manual – February 2010 Page 58 Capital Projects Procedures Manual – February 2010 Page 59 Capital Projects Procedures Manual – February 2010 Page 60 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 Capital Projects Procedures Manual – February 2010 Page 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 Capital Projects Procedures Manual – February 2010 Page 62 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, Capital Projects Procedures Manual – February 2010 Page 63 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 Capital Projects Procedures Manual – February 2010 Page 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 Capital Projects Procedures Manual – February 2010 Page 65 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 Capital Projects Procedures Manual – February 2010 Page 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 Capital Projects Procedures Manual – February 2010 Page 67 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 Capital Projects Procedures Manual – February 2010 Page 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. Capital Projects Procedures Manual – February 2010 Page 69 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 Capital Projects Procedures Manual – February 2010 Page 70 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 Capital Projects Procedures Manual – February 2010 Page 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 Capital Projects Procedures Manual – February 2010 Page 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 Capital Projects Procedures Manual – February 2010 Page 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 Capital Projects Procedures Manual – February 2010 Page 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. Capital Projects Procedures Manual – February 2010 Page 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: Capital Projects Procedures Manual – February 2010 Page 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. Capital Projects Procedures Manual – February 2010 Page 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. Capital Projects Procedures Manual – February 2010 Page 84 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. Capital Projects Procedures Manual – February 2010 Page 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 Capital Projects Procedures Manual – February 2010 Page 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: ____________________________________ Capital Projects Procedures Manual – February 2010 Page 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: Capital Projects Procedures Manual – February 2010 Page 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: Capital Projects Procedures Manual – February 2010 Page 90 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 Capital Projects Procedures Manual – February 2010 Page 91 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. Capital Projects Procedures Manual – February 2010 Page 92 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. Capital Projects Procedures Manual – February 2010 Page 93 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 Capital Projects Procedures Manual – February 2010 Page 94 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 Capital Projects Procedures Manual – February 2010 Page 95 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. Capital Projects Procedures Manual – February 2010 Page 96 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. Capital Projects Procedures Manual – February 2010 Page 97 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: Capital Projects Procedures Manual – February 2010 Page 98 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 Capital Projects Procedures Manual – February 2010 Page 99 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 112 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 Capital Projects Procedures Manual -- January, 2009 Page 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. Capital Projects Procedures Manual -- January, 2009 Page 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.