HomeMy WebLinkAboutBID - 8005 METER BOX INSTALLATIONINVITATION TO BID
8005 METER BOX INSTALLATION
BID OPENING: 3:00 P.M. (our clock), SEPTEMBER 29, 2014
The City of Fort Collins is requesting bids from firms for furnishing all labor, equipment, and
materials necessary to perform all work as one contract, all in accordance with the plans,
specifications, and other documents for the installation of standard meter boxes or meter pits to
be added to existing water service lines at various locations throughout the City.
Sealed bids will be received and publicly opened at the office of the Director of Purchasing and
Risk Management, PO Box 580, 215 North Mason St., 2nd floor, Fort Collins, Colorado 80522,
at the time and date noted on the bid proposal and/or contract documents. If delivered, they are
to be sent to 215 North Mason Street, 2nd Floor, Fort Collins, Colorado 80524. If mailed, the
address is P.O. Box 580, Fort Collins, 80522-0580.
Bids must be received at the Purchasing Office prior to 3:00 p.m. (our clock), September
29, 2014.
The City encourages all disadvantaged business enterprises to submit bid in response to all
invitations and will not be discriminated against on the grounds of race, color, national origin.
A prebid conference and job walk with representatives of prospective Bidders will be
held at 10:00 am, on September 18, 2014 in Rainbow Room at the Water Meter Division
Shop, 700 Wood Street, Bldg D., Fort Collins.
Questions regarding bid submittal or process should be directed to Pat Johnson,
CPPB, Senior Buyer at (970) 221-6816 or pjohnson@fcgov.com.
A copy of the Bid may be obtained as follows:
1. Download the Bid from the Rocky Mountain E-Purchasing System at
www.rockymountainbidsystem.com
Special Instructions
All bids must be properly signed by an authorized representative of the company with the legal
capacity to bind the company to the agreement. Bids may be withdrawn up to the date and hour
set for closing. Once bids have been accepted by the City and closing has occurred, failure to
enter into contract or honor the purchase order will be cause for removal of supplier's name
from the City of Fort Collins' bidders list for a period of twelve months from the date of the
opening. The City may also pursue any remedies available at law or in equity. Bid prices must
be held firm for a period of forty-five (45) days after bid openings.
Submission of a bid is deemed as acceptance of all terms, conditions and specifications
contained in the City's specifications initially provided to the bidder. Any proposed modification
must be accepted in writing by the City prior to award of the bid.
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
Only bids properly received by the Purchasing Office will be accepted. All bids should be clearly
identified by the bid number and bid name contained in the bid proposal.
No proposal will be accepted from, or any purchase order awarded, to any person, firm or
corporation in default on any obligation to the City.
Bids must be furnished exclusive of any federal excise tax, wherever applicable.
Bidders must be properly licensed and secure necessary permits wherever applicable.
Bidders not responding to this bid will be removed from our automated vendor listing for the
subject commodities.
The City may elect where applicable, to award bids on an individual item/group basis or on a
total bid basis, whichever is most beneficial to the City. The City reserves the right to accept or
reject any and all bids, and to waive any irregularities or informalities.
Sales prohibited/conflict of interest: no officer, employee, or member of City Council, shall have
a financial interest in the sale to the City of any real or personal property, equipment, material,
supplies or services where such officer or employee exercises directly or indirectly any decision-
making authority concerning such sale or any supervisory authority over the services to be
rendered. This rule also applies to subcontracts with the City. Soliciting or accepting any gift,
gratuity, favor, entertainment, kickback or any items of monetary value from any person who
has or is seeking to do business with the City of Fort Collins is prohibited.
Freight terms: unless otherwise noted, all freight is F.O.B. Destination, Freight Prepaid. All
freight charges must be included in prices submitted on proposal.
Discounts: any discounts allowed for prompt payment, etc., must be reflected in bid figures and
not entered as separate pricing on the proposal form.
Purchasing restrictions: your authorized signature of this bid assures your firm's compliance
with the City's purchasing restrictions. A copy of the resolutions is available for review in the
Purchasing Office or the City Clerk's Office. Request Resolution 91-121 for cement restrictions.
Collusive or sham bids: any bid deemed to be collusive or a sham bid will be rejected and
reported to authorities as such. Your authorized signature of this bid assures that such bid is
genuine and is not a collusive or sham bid.
Bid results are posted online at www.rockymountainbidsystem.com by the end of day on the
opening date.
Gerry S. Paul
Director of Purchasing and Risk Management
CITY OF FORT COLLINS
BID PROPOSAL
BID 8005 Meter Box Installation
WE HEREBY ENTER OUR BID FOR THE CITY OF FORT COLLINS' REQUIREMENTS FOR
METER BOX INSTALLATION PER THE BID INVITATION AND ANY REFERENCED
SPECIFICATIONS:
The Contractor must provide for furnishing all labor, equipment, and materials necessary to
perform all work as one contract, all in accordance with the plans, specifications, and other
documents for the installation of standard meter boxes or meter pits to be added to existing
water service lines at various locations throughout the City.
SCOPE OF WORK
1. MATERIALS:
The City of Fort Collins will furnish all meters, meter setters, idlers, connection couplings,
meter box, cast iron recessed lid with worm lock, rubber of plastic inner lid, and all type “K”
copper pipe as necessary to complete the installation at no cost to the Service Provider. All
other material shall be furnished by the Service Provider in accordance with the City of Fort
Collins current Standard Construction Specifications.
2. INSTALLATION:
The Service Provider shall install all piping, fittings, meter box complete, meter setter and
meter. Where contractor encounters galvanized service pipe, the contractor shall leave a 6
inch sample of the service line for customer’s inspection. The 6 inch sample shall also be
submitted to the Engineer tagged with the address, contractor’s name, and date. All work
shall comply with drawings 16-B, 11, 15 (Service Line for Duplex), 16-A, and 15 (Standard
Exterior Setting). The Service Provider will be responsible for removing all landscaping,
asphalt, concrete, etc., to facilitate the installation.
The contractor will be responsible for backfilling the excavated area, compaction of all
excavated holes and trenches, and restoration of all disturbed landscaping to original, or
better, condition. Compaction will be warranted by the contractor through the contract
specified warranty period. Any settling or trench failure will be corrected immediately.
Damage to any surface supported by a failed trench will be repaired at the Service
Provider’s expense.
If concrete removal is necessary to complete the meter box installation, the Service Provider
will subsequently repair the affected area with an approved temporary cold patch sufficient
to support light vehicular and foot traffic until permanent repairs are made. The City will
assume responsibility for making permanent repairs to these areas at a later date.
It is the Water Utilities’ preference that excavation and backfill for meter box installations be
performed by hand. However, the use of machinery is acceptable provided that any area
affected by machinery is restored to original, or better, condition.
It is the Service Provider’s responsibility to locate and protect existing utilities. If a utility is
damaged, the Service Provider shall contact the Utility company immediately for repair. The
Service Provider shall pay all costs for such repair.
Since meter box installations continue through the winter months, the Service Provider will,
at times, be required to work in somewhat less than favorable soil conditions. Should the
schedule dictate working in areas of ground frost, the Service Provider must be capable of
removing frozen soil and will be required to remove up to 10 inches of such soil to facilitate
the meter box installation at no extra charge. No frozen soil will be used for backfill. All
excavated frozen soil will be stockpiled at a designated City facility or properly disposed of
by Service Provider.
Any sod replacement postponed through the winter will be replaced by the contractor, at his
expense, according to the Water Utilities’ schedule, no later than May 1st of the following
season.
If, after the meter is installed, the meter continues to run with all water turned off, the
contractor will assist the Water Utilities customer in discovering a leak. (Limited to a visual
inspection only – fixtures, access valves, hose bibs, etc.) The contractor will report his
findings to the Project Manager or Inspector, and the customer, and will not be responsible
for repairing any leaks that are not a direct result of work performed by Service Provider.
The Service Provider may repair a leak with authorization from the customer or the Project
Manager with costs to be borne by the customer.
A service line entering a meter box must be within a depth of 54 to 66 inches to meet the
correct installation requirements. The Service Provider will loop the service line up or down
to meet the required installation elevations at no extra charge.
In any installation, the contractor will be responsible to a depth of 72 (seventy-two) inches of
excavation before any extra money is paid for the “deep hole”.
If the installation requires that an electronic location be made on the service line, the Water
Utility will provide such location, and the Service Provider will be responsible for excavation
to the required depth plus 24 (twenty-four) inches either side of the location mark.
3. INSPECTIONS:
Inspections will be performed by the City of Fort Collins Water Utilities Department, Meter
shop. Inspection of the meter box is required before the excavated area is backfilled. The
Water Utilities Department will perform the final inspection approximately 1 (one) week after
installation.
4. WARRANTY:
The Service Provider shall be responsible for a period of two (2) years following the final
acceptance of each item of work performed under this contract for the satisfactory repair or
replacement of all work or material which becomes defective, during this period, as a direct
or indirect result of faulty workmanship.
SPECIAL CONDITIONS FOR METER BOX INSTALLATIONS
1. PAYMENT:
The Service Provider will submit a work order/invoice with duplicate copy for each
installation completed.
2. WORK SCHEDULES:
No work shall be done between 6:00 p.m. and 7:00 a.m., nor on Sunday or Legal Holidays
without permission of the Owner/occupant, except emergency work. No service shall be
interrupted before 8:00 a.m. or after 5:00 p.m. without prior permission of Owner/occupant.
ALL work will be scheduled through the City of Fort Collins Water Utilities, Meter Shop. 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 from the award of this contract.
Service Provider shall respond to initial Owner request for a new work order within 24 hours.
Service Provider will give Owner/occupant a minimum of 24 hours notice prior to beginning
any work.
Service Provider shall complete individual meter box installations within 5 days from
commencement of work at that particular location. Service Provider shall provide
emergency or urgently requested services within 2 (two) hours of request.
The Service Provider shall attempt to contact the Owner or resident at the property
immediately prior to commencing work, to explain the nature and schedule of the work to be
performed.
3. PROTECTION OF WORK:
The Service Provider shall, at his own expense:
a. Provide and maintain proper protection to all finished work, any unfinished work, and
to all material and equipment, including but not limited to that furnished to him by the
City from the time it is delivered to him during the entire progress of the work, and be
responsible for and make good any injury to same and shall protect exterior surfaces
against any defacement which would detract from their good appearance.
b. Clean up the job site at the end of each day and upon completion of the work, make
good all damage, leaving the site in a clean and orderly condition, restoring the site to
original or better condition. Haul away all debris or excess material remaining as an
end product at job completion.
4. NON-ASSIGNABILITY:
Within seven (7) days after award, the Service Provider shall submit to the City of Fort
Collins Water Utilities Department a list of all subcontractors proposed for the work. The
City reserves the right to deny the use of any subcontractor that it deems to be incapable of
properly performing the work. No changes of the subcontractor list will be allowed without
written consent of the City of Fort Collins Water Utilities Department.
If the Service Provider should sublet any part of this contract, the Service Provider shall be
as fully responsible to the City for acts and omissions of a subcontractor, and of persons
either directly or indirectly employed by his subcontractor, as he is for the acts and
omissions of persons directly employed by him.
5. ADDITIONAL REQUIREMENT:
The Service Provider shall have a person at each job site while work is being performed
who is able to speak English.
Prior to commencing work, the Service Provider shall obtain a license from the City of Fort
Collins Engineering Department to work in the Public Right of Way. The Service Provider
shall submit a copy of this license to the Engineer.
6. SAFETY:
The Service Provider shall be responsible for maintaining safe conditions in the various work
areas at all times. Barricades and warning devices shall be installed where required or if
requested by the Engineer.
7. CHARACTER OF WORKERS:
The Service Provider shall employ only competent, skillful workers to do the work.
Whenever any worker shall appear to be incompetent or to act in a disorderly or improper
manner, such persons shall be removed from the work upon request of the City of Fort
Collins Water Utilities Department. Workers shall be courteous and responsible when
dealing with Homeowners.
8. MINIMUM COMPLETION:
The Service Provider must be able to complete as many as three (3) meter box installations
per day, or; a minimum of fifteen (15) meter box installations per week, as may be
determined by scheduling generated through the project manager.
9. WRITTEN ESTIMATES:
This agreement also allows for the installation of water meter pits designed for 1 ½ inch and
2 inch meters. (See specs detail #9) The contract in its entirety will apply to these
installations except that the Service Provider shall submit written estimates for each pit
installation on a case by case basis.
10. CUSTOMER SERVICE:
Services outlined in this agreement are provided to City customers through the City of Fort
Collins Water Utility and the Utility has certain expectations as to the successful fulfillment of
this contract:
a. The Service Provider will maintain a high standard of quality in his workmanship as
determined by specifications, regulations, requirements and procedures incorporated in
these documents.
b. Any interaction between the Service Provider and City of Fort Collins Water Utility
customer, concerning a meter installation, will be handled in a positive and respectful
manner.
c. Process and outcome will meet the valid expectations of both the Homeowner and the
Water Utility.
11. UTILITIES
a. Service Provider is responsible for furnishing all power necessary for construction and
shall make arrangements with Owner as to the amount of water required and time water
is needed.
b. Service Provider is responsible for furnishing and maintaining sanitary facilities at job
site.
8005 METER BOX INSTALLATION
BID SCHEDULE
We hereby enter our bid for the City of Fort Collins’ requirements for METER BOX
INSTALLATION, per the bid invitation and any referenced specifications.
The following prices shall include but are not limited to all labor, materials, rentals, fuel, safety,
transportation, shoring, removal, dewatering, overhead, profit, insurance, etc. needed for the
work.
Vendor Name:
1.
Excavation for meter box installation up to 4’W x 5’L x
6’D. (Includes removing existing meter box in same
hole, back fill, compaction and site restoration, may
include removing existing meter box in same
excavation; does not include plumbing or setting a
meter box to grade.)
$
2.
Oversized excavation for two meter box installations
up to 4’W x 7’L x 6’D. (Includes back fill, compaction
and site restoration, may include removing existing
meter box in same excavation; does not include
plumbing or setting a meter box to grade.)
$
3.
Plumb and set a meter box to grade. (Does not
include excavation or backfill.)
$
4.
Demo meter box. (Remove substandard meter box
and reconnect services at original grade.)
$
5.
Deep hole. (Extra digging for excavations greater
than 72” deep.)
Cost per foot $
6. Open cut trench. (Up to 3”W x 5’D)
Cost per lineal
foot
$
7. Bore. Able to accommodate up to a 2-inch service.
Cost per lineal
foot
$
8. Cut and remove concrete.
Cost per square
foot
$
9. Cut and remove asphalt.
Cost per square
foot
$
10. Add a curb stop. $
11. Materials furnished by contractor. Cost Plus
12. Removal of frozen soil. (Deeper than 10”) $
13.
Excavate for a meter pit for a 1 ½” or 2” meter.
(Includes back fill, compaction and site restoration;
does not include plumbing or setting a meter pit to
grade. May include removing existing meter pit in
same excavation.)
$
14.
Plumb and set a meter pit to grade for a 1 ½” or 2”
meter. (Does not include excavation or backfill.)
$
15.
Demo meter pit for a 1 ½” or 2” service. (Remove
substandard meter pit and reconnect services at
original grade)
$
16.
Remove meter box lid housing leaving old meter box.
(Includes backfill, compaction and site restoration.)
$
TOTAL BASE BID $
WORK SITE EXAMPLES: PRICING OF THESE EXAMPLES WILL BE USED AS THE
BASIS FOR BID AWARD
Typical Meter Box Installations
UNIT PRICES
TO BE USED:
Amount
(1) The meter box is in a lawn area near the curb where
a new sidewalk will be installed. The meter box
needs to be removed from its current location and a
new one installed 10 feet closer to the house. The
service line is 66” deep.
4 + 1 + 3
$
(2) The meter box and the plumbing in the box are in
poor condition. The meter box needs to be replaced
and re-plumbed with new materials to current
standards in the same spot in the lawn. The service
line is 78” deep.
1 + 3 + 5
$
(3) The meter box is by the curb stop and currently
serves both sides of a duplex and the customer is
separating the duplex service. Need to install a tee at
the existing curb stop, two new curb stops, and one
meter box with a 5 ft pigtail for the customer to
connect the second service to. The service lines are
66” deep.
2 + 10 +10 + 3
$
(4) The meter box needs to be relocated. A new meter
box can be installed without removing the old one by
plumbing a new box beside the old one.
1 + 16 + 3
$
Disconnecting the pipes outside the old box,
removing the top cover and backfilling the old pit.
The service line is 66” deep.
(5) The meter box will be installed in a lawn area next to
the curb box. The service line is 66” deep.
1+3
$
Average of typical installation x .90 =
(1 + 2 + 3 + 4 + 5 divided by 5 x .90)
“TYPICAL INSTALLATIONS” WILL BE THE CASE 90%
OF THE TIME.
$
Non-Typical Meter Box Replacement
UNIT PRICES
TO BE USED:
(6) The curb box and meter box are in the center of a
16’ wide concrete driveway. The meter box needs to
be moved to the lawn area next to the driveway.
Need to remove the current meter box, loop the
service from the curb stop to the lawn area at the
edge of the driveway, install a new meter box and
loop back to tie the service back in at the center of
the driveway. Approximately 24 sq ft of concrete
driveway will be removed. The service is 66” deep.
8 + 4 + 6 + 1 +
3
$
(7) The meter pit and the plumbing for a 2-inch meter
are in poor condition. The pit and plumbing in the pit
need to be replaced with new materials to current
standards in the same spot in the lawn. The service
is 66” deep.
13+ 14 + 15
$
Average of non-typical installation x .10 =
(6 + 7) divided by 2 x .10)
“NON-TYPICAL INSTALLATIONS” WILL BE THE CASE
10% OF THE TIME.
$
Total Bid =
(Sum of Typical + Non-Typical Average)
PLEASE NOTE: THIS IS THE TOTAL BASE BID
AMOUNT, TO BE USED FOR AWARD PURPOSES.
$
EXHIBIT A
BID ACKNOWLEDGEMENT
Contractor hereby acknowledges receipt of the City of Fort Collins Utilities’ Request for
Bids for the Meter Box Installation and acknowledges that it has read and agrees to be
fully bound by all of the terms, conditions and other provisions set forth in the Bid.
Additionally, the Contractor hereby makes the following representations to Utilities:
a. All of the statements and representations made in this proposal are true to the
best of the Contractor’s knowledge and belief.
b. The Contractor has obtained all necessary authorizations and approvals that will
enable the Contractor to commit to the terms provided in this proposal.
c. This proposal is a firm and binding offer, for a period of 45 days from the date
hereof.
d. I further agree that the method of award is acceptable to my company.
e. I acknowledge receipt of addenda.
Contractor Firm Name:
Physical Address:
Remit to Address:
Phone:
Authorized Agent of Firm Name:
Signature of Authorized Agent:
Primary Contact for Project:
Title: Email Address:
Phone: Cell Phone:
PLEASE NOTE: BID SUBMITTALS MUST INCLUDE THE BID SCHEDULE AND
EXHIBITS A, B AND C TO BE CONSIDERED. FAILURE TO PROVIDE
ANY OF THESE REQUIRED DOCUMENTS MAY RESULT IN YOUR
BID BEING CONSIDERED NON-RESPONSIVE AND THEREFORE
REJECTED FROM CONSIDERATION.
EXHIBIT B
STATEMENT OF BIDDER'S QUALIFICATIONS
All questions must be answered and the data given must be clear and comprehensive. This
statement must be notarized. If necessary, questions may be answered on separate attached
sheets. The Bidder may submit any additional information he desires.
1. Name of Bidder:
2. Permanent main office address:
3. When organized:
4. If a corporation, where incorporated:
5. How many years have you been engaged in the contracting business under your present
firm or trade name?
6. Contracts on hand: (Schedule these, showing the amount of each contract and the
appropriate anticipated dates of completion.)
7. General character of Work performed by your company:
8. Have you ever failed to complete any Work awarded to you?
If so, where and why?
9. Have you ever defaulted on a contract?
If so, where and why?
10. Are you debarred by any government agency?
If yes list agency name.
11. List the more important projects recently completed by your company, stating the
approximate cost of each, and the month and year completed, location and type of
construction.
12. List your major equipment available for this contract.
13. Experience in construction Work similar in importance to this project:
14. Background and experience of the principal members of your organization, including
officers:
15. Credit available: $
16. Bank Reference:
17. Will you, upon request, fill out a detailed financial statement and furnish any other
information that may be required by the OWNER?
18. Are you licensed as a General Contractor?
If yes, in what city, county and state?
What class, license and numbers?
19. Do you anticipate subcontracting Work under this Contract?
If yes, what percent of total contract?
And to whom?
20. Are any lawsuits pending against you or your firm at this time?
IF yes, DETAIL
21. What are the limits of your public liability? DETAIL
What company?
22. What are your company's bonding limitations?
23. The undersigned hereby authorizes and requests any person, firm or corporation to
furnish any information requested by the OWNER in verification of the recital comprising
this Statement of Bidder's Qualifications.
Dated at ________________ this ______ day of __________________, 20__.
Company:
By: Printed:
Title:
State of
County of
being duly sworn deposes and says that he
is of
(Name) (Organization)
and that the answers to the foregoing questions and all statements therein contained are true
and correct.
Subscribed and sworn to before me this _______ day of____________, 20__.
(Seal)
Notary Public
My commission expires: .
EXHIBIT C
SCHEDULE OF SUBCONTRACTORS
List all subcontractors for the work items listed below and all subcontractors performing over
[Percentage]% of the contract.
ITEM SUBCONTRACTOR
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 "C", consisting of
( ) page( ) 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. Irrespective of references in Exhibit A to certain named third
parties, Service Provider shall be solely responsible for performance of all duties
hereunder.
b. The City may, at any time during the term of a particular Work Order and without
invalidating 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 Service Provider mailed no later than thirty (30)
days prior to contract end.
5. 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.
Written notice of renewal shall be provided to the Service Provider and mailed no later
than thirty (30) days prior to contract end.
6. 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.
7. 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:
Service Provider: City: Copy to:
Attn:
City of Fort Collins
Attn:
PO Box 580
Fort Collins, CO 80522
City of Fort Collins
Attn: Purchasing Dept.
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.
8. 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.
9. Payments.
a. The City agrees to pay and the Service Provider agrees to accept as full payment for
all work done and all materials furnished and for all costs and expenses incurred in
performance of the work the sums set forth for the hourly labor rate and material costs,
with markups, stated within the Bid Schedule Proposal Form, attached hereto as
Exhibit "B", consisting of two (2) page[s], and incorporated herein by this reference.
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.
10. Liquidated Damages. OWNER and CONTRCTOR recognize that time is of the essence of
this Agreement and that OWNER will suffer financial loss if the Work is not completed
within the times specified in the work order, plus any extensions thereof allowed in
accordance with Article 12 of the General conditions. They also recognize the delays,
expenses and difficulties involved in proving in a legal proceeding the actual loss suffered
by OWNER if the Work is not completed on time. Accordingly instead of requiring any
such proof, OWNER and CONTRACTOR agree that as liquidated damages for delay (but
not as penalty) CONTRACTOR shall pay OWNER the amount set forth in each Work
Order.
11. City Representative. The City's representative will be shown on the specific Work Order
and shall make, within the scope of his or her authority, all necessary and proper decisions
with reference to the work requested. All requests concerning this Agreement shall be
directed to the City Representative.
12. Independent Contractor. It is agreed that in the performance of any services hereunder,
the Service Provider is an independent contractor responsible to the City only as to the
results to be obtained in the particular work assignment and to the extent that the work
shall be done in accordance with the terms, plans and specifications furnished by the City.
13. Subcontractors. Service Provider may not subcontract any of the Work set forth in the
Exhibit A, Statement of Work without the prior written consent of the city, which shall not
be unreasonably withheld. If any of the Work is subcontracted hereunder (with the
consent of the City), then the following provisions shall apply: (a) the subcontractor must
be a reputable, qualified firm with an established record of successful performance in its
respective trade performing identical or substantially similar work, (b) the subcontractor will
be required to comply with all applicable terms of this Agreement, (c) the subcontract will
not create any contractual relationship between any such subcontractor and the City, nor
will it obligate the City to pay or see to the payment of any subcontractor, and (d) the work
of the subcontractor will be subject to inspection by the City to the same extent as the
work of the Service Provider.
14. Personal Services. It is understood that the City enters into the Agreement based on the
special abilities of the Service Provider and that this Agreement shall be considered as an
agreement for personal services. Accordingly, the Service Provider shall neither assign
any responsibilities nor delegate any duties arising under the Agreement without the prior
written consent of the city.
15. Acceptance Not Waiver. The City's approval or acceptance of, or payment for any of the
services shall not be construed to operate as a waiver of any rights under the Agreement
or of any cause of action arising out of the performance of this Agreement.
16. Warranty.
a. Service Provider warrants that all work performed hereunder shall be performed with
the highest degree of competence and care in accordance with accepted standards for
work of a similar nature.
b. Unless otherwise provided in the Agreement, all materials and equipment incorporated
into any work shall be new and, where not specified, of the most suitable grade of their
respective kinds for their intended use, and all workmanship shall be acceptable to
City.
c. Service Provider warrants all equipment, materials, labor and other work, provided
under this Agreement, except City-furnished materials, equipment and labor, against
defects and nonconformances in design, materials and workmanship/workwomanship
for a period beginning with the start of the work and ending 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.
17. Default. Each and every term and condition hereof shall be deemed to be a material
element of this Agreement. In the event either party should fail or refuse to perform
according to the terms of this agreement, such party may be declared in default thereof.
18. Remedies. In the event a party has been declared in default, such defaulting party shall
be allowed a period of ten (10) days within which to cure said default. In the event the
default remains uncorrected, the party declaring default may elect to (a) terminate the
Agreement and seek damages; (b) treat the Agreement as continuing and require specific
performance; 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.
19. 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.
20. Indemnity/Insurance.
a. The Service Provider agrees to indemnify and save harmless the City, its officers,
agents and employees against and from any and all actions, suits, claims, demands or
liability of any character whatsoever, brought or asserted for injuries to or death of any
person or persons, or damages to property arising out of, result from or occurring in
connection with the performance of any service hereunder.
b. The Service Provider shall take all necessary precautions in performing the work
hereunder to prevent injury to persons and property.
c. Without limiting any of the Service Provider's obligations hereunder, the Service
Provider shall provide and maintain insurance coverage naming the City as an
additional insured under this Agreement of the type and with the limits specified within
Exhibit "A", 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.
21. 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.
22. 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.
23. 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:
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 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.
24. Red Flags Rules. Service Provider must implement reasonable policies and
procedures to detect, prevent and mitigate the risk of identity theft in compliance with the
Identity Theft Red Flags Rules found at 16 Code of Federal Regulations part 681. Further,
Service Provider must take appropriate steps to mitigate identity theft if it occurs with one
or more of the City’s covered accounts and must as expeditiously as possible notify the
City in writing of significant breeches of security or Red Flags to the Utilities or the Privacy
Committee.
25. Special Provisions. Special provisions or conditions relating to the services to be
performed pursuant to this Agreement are set forth in Exhibit B - Confidentiality consisting
of one (1) page, attached hereto and incorporated herein by this reference.
CITY OF FORT COLLINS, COLORADO
a municipal corporation
By: __________________________________
Gerry Paul
Director of Purchasing and Risk Management
Date:_________________________________
ATTEST:
____________________________
City Clerk
APPROVED AS TO FORM:
____________________________
Assistant City Attorney
By:____________________________________
_______________________________________
Print Name
Title____________________________________
Corporate President or Vice President
Date: _______________________________
EXHIBIT A
INSURANCE REQUIREMENTS
1. The Service Provider will provide, from insurance companies acceptable to the City, the
insurance coverage designated hereinafter and pay all costs. Before commencing work
under this bid, the Service Provider shall furnish the City with certificates of insurance
showing the type, amount, class of operations covered, effective dates and date of
expiration of policies, and containing substantially the following statement:
"The insurance evidenced by this Certificate will not be cancelled or materially
altered, except after ten (10) days written notice has been received by the City of Fort
Collins."
In case of the breach of any provision of the Insurance Requirements, the City, at its
option, may take out and maintain, at the expense of the Service Provider, such
insurance as the City may deem proper and may deduct the cost of such insurance from
any monies which may be due or become due the Service Provider under this
Agreement. The City, its officers, agents and employees shall be named as additional
insureds on the Service Provider's general liability and automobile liability insurance
policies for any claims arising out of work performed under this Agreement.
2. Insurance coverages shall be as follows:
A. Workers' Compensation & Employer's Liability. The Service Provider shall
maintain during the life of this Agreement for all of the Service Provider's
employees engaged in work performed under this agreement:
1. Workers' Compensation insurance with statutory limits as required by
Colorado law.
2. Employer's Liability insurance with limits of $100,000 per accident,
$500,000 disease aggregate, and $100,000 disease each employee.
B. Commercial General & Vehicle Liability. The Service Provider shall maintain
during the life of this Agreement such commercial general liability and automobile
liability insurance as will provide coverage for damage claims of personal injury,
including accidental death, as well as for claims for property damage, which may
arise directly or indirectly from the performance of work under this Agreement.
Coverage for property damage shall be on a "broad form" basis. The amount of
insurance for each coverage, Commercial General and Vehicle, shall not be less
than $1,000,000 combined single limits for bodily injury and property damage.
In the event any work is performed by a subcontractor, the Service Provider shall
be responsible for any liability directly or indirectly arising out of the work
performed under this Agreement by a subcontractor, which liability is not covered
by the subcontractor's insurance.
EXHIBIT B
CONFIDENTIALITY
IN CONNECTION WITH SERVICES provided to the City of Fort Collins (the “City”) pursuant to
this Agreement (the “Agreement”), the Service Provider hereby acknowledges that it has been
informed that the City has established policies and procedures with regard to the handling of
confidential information and other sensitive materials.
In consideration of access to certain information, data and material (hereinafter individually and
collectively, regardless of nature, referred to as “information”) that are the property of and/or
relate to the City or its employees, customers or suppliers, which access is related to the
performance of services that the Service Provider has agreed to perform, the Service Provider
hereby acknowledges and agrees as follows:
That information that has or will come into its possession or knowledge in connection with the
performance of services for the City may be confidential and/or proprietary. The Service
Provider agrees to treat as confidential (a) all information that is owned by the City, or that
relates to the business of the City, or that is used by the City in carrying on business, and (b) all
information that is proprietary to a third party (including but not limited to customers and
suppliers of the City). The Service Provider shall not disclose any such information to any
person not having a legitimate need-to-know for purposes authorized by the City. Further, the
Service Provider shall not use such information to obtain any economic or other benefit for itself,
or any third party, except as specifically authorized by the City.
The foregoing to the contrary notwithstanding, the Service Provider understands that it shall
have no obligation under this Agreement with respect to information and material that (a)
becomes generally known to the public by publication or some means other than a breach of
duty of this Agreement, or (b) is required by law, regulation or court order to be disclosed,
provided that the request for such disclosure is proper and the disclosure does not exceed that
which is required. In the event of any disclosure under (b) above, the Service Provider shall
furnish a copy of this Agreement to anyone to whom it is required to make such disclosure and
shall promptly advise the City in writing of each such disclosure.
In the event that the Service Provider ceases to perform services for the City, or the City so
requests for any reason, the Service Provider shall promptly return to the City any and all
information described hereinabove, including all copies, notes and/or summaries (handwritten or
mechanically produced) thereof, in its possession or control or as to which it otherwise has
access.
The Service Provider understands and agrees that the City’s remedies at law for a breach of the
Service Provider’s obligations under this Confidentiality Agreement may be inadequate and that
the City shall, in the event of any such breach, be entitled to seek equitable relief (including
without limitation preliminary and permanent injunctive relief and specific performance) in
addition to all other remedies provided hereunder or available at law.
EXHIBIT C
FORT COLLINS UTILITIES
WORK ORDER
WORK ORDER NO.
DATE:
CONTRACTOR:
TABLE OF CONTENTS
AGREEMENT FORMS
00525 Work Order & Notice of Award 00530-1
00670 Application for Exemption Certificate 00670-1 – 00670-2
CONDITIONS OF THE CONTRACT
00700 General Conditions 00700-1 - 00700-34
Exhibit GC-A GC-A1 - GC-A2
00800 Supplementary Conditions 00800-1 - 00800-2
00900 Addenda, Modifications and Payment 0900-1
00950 Work Order Change Order Form 00950-1
SECTION 00500
CONSTRUCTION WORK ORDER AGREEMENT FORMS
00525 Work Order, Notice of Award & Bid Schedule
00670 Application for Exemption Certificate
SECTION 00525
WORK ORDER, NOTICE OF AWARD AND BID SCHEDULE
TO:
WORK ORDER NUMBER:
WORK ORDER TITLE:
PURCHASE ORDER:
ORIGINAL BID/RFP PROJECT NUMBER & NAME:
ENGINEER:
OWNER’S REPRESENTATIVE:
NOTICE OF AWARD DATE:
OWNER: City of Fort Collins (hereinafter referred to as OWNER)
1. WORK. You are hereby notified that your bid dated , for the above Work Order has
been considered. Pursuant to your AGREEMENT with OWNER dated , you have
been awarded a Work Order for this Work Order Description:
A. See Section 01100 – Summary of Work.
2. CONTRACT PRICE, BONDS AND CERTIFICATES. The price of your Work Order is
($ ). Pursuant to the AGREEMENT and the Contract Documents, insurance is
required.
3. CONTRACT TIMES. Pursuant to the AGREEMENT and the Contract Documents, the date
for Substantial Completion of this Work Order is , and after Substantial Completion,
the date for Final Completion is .
4. LIQUIDATED DAMAGES. OWNER and CONTRACTOR recognize that time is of the
essence of this Agreement and that OWNER will suffer financial loss if the Work is not
completed within the times specified in paragraph 3 above, plus any extensions thereof
allowed in accordance with Article 12 of the General Conditions. They also recognize the
delays, expenses and difficulties involved in proving in a legal proceeding the actual loss
suffered by OWNER if the Work is not completed on time. Accordingly instead of requiring
any such proof, OWNER and CONTRACTOR agree that as liquidated damages for delay
(but not as penalty) CONTACTOR shall pay OWNER the amounts set forth hereafter.
1) Substantial Completion: ($ ) for each calendar day or fraction
thereof that expires after until the work is Substantially Complete.
2) Final Acceptance: After Substantial Completion ($ ) for each
calendar day or fraction thereof that expires after the 60 calendar day period
for Final Payment and Acceptance until the Work is ready for Final Payment
and Acceptance.
5. EXECUTION. Three (3) copies of this proposed Work Order & Notice of Award, and
accompanying amendments or supplements to the Contract Documents (except any
applicable Drawings) incorporated herein, are provided. Three (3) sets of any applicable
Drawings will be delivered separately or otherwise made available to you immediately. You
must comply with the following conditions precedent within fifteen (15) days of the date of
this Notice of Award, that is, by .
A. You must deliver to OWNER three (3) fully-executed counterparts of this Work
Order, including all amendments or supplements to the Contract Documents
incorporated herein. Each Work Order must bear your signature as provided.
B. You must deliver with the executed Work Order the insurance, as specified in the
Agreement, this Work Order, the General Conditions (Article 5.1) and the
Supplementary Conditions.
Failure to comply with these conditions within the time specified will entitle OWNER to consider
your Bid abandoned and to annul this Work Order & Notice of Award. Within ten (10) days after
you comply with those conditions, OWNER will return to you one (1) fully-signed counterpart of
this Work Order with any amendments or supplements to the Contract Documents attached.
CONTRACTOR’S NOTICE OF AWARD REPRESENTATION & EXECUTION:
CONTRACTOR agrees to perform the services identified above, in accordance with the terms
and conditions contained herein and in the AGREEMENT dated , between the parties. In
the event of a conflict between or ambiguity in the terms of the AGREEMENT or specific Work
Orders, the AGREEMENT shall control.
CONTRACTOR:
By:
Name:
Title:
Date:
OWNER’S ACCEPTANCE & EXECUTION:
This Work Order and the attached Contract Documents are hereby accepted and incorporated
herein by this reference and the attached Notice to Proceed is hereby given.
ACCEPTANCE: Date: _____
Special Projects Manager
ACCEPTANCE: Date:
Chief Engineer
ACCEPTANCE: Date:
Engineering & Field Services Manager
ACCEPTANCE: Date:
Utilities Executive Director
(if greater than $1,000,000)
OWNER: CITY OF FORT COLLINS
ACCEPTANCE: ___________________________________________ Date: __________
Gerry S. Paul
Director of Purchasing and Risk Management
(if greater than $60,000)
BID SCHEDULE
5/98 AGREEMENT
00800 Page
1
SECTION 00670
APPLICATION FOR EXEMPTION CERTIFICATE
Special Notice
Contractors who have completed this application in the past, please note the following changes
in procedure:
The Department will no longer issue individual Certificates of exemption to subcontractors. Only
prime contractors will receive a Contractor’s Exemption Certificate on exempt projects.
Upon receipt of the Certificate, the prime contractor should make a copy for each subcontractor
involved in the project and complete it by filling in the subcontractor’s name and address and
signing it.
The original Certificate should always be retained by the prime contractor. Copies of all
Certificates that the prime contractor issued to subcontractors should be kept at the prime
contractor’s place of business for a minimum of three years and be available for inspection in
the event of an audit.
Once an 89# has been assigned to you, please use the next five numbers following it for any
applications submitted for future projects. This should be your permanent number. For
instance, if you were assigned 89-12345-0001, every application submitted thereafter should
contain 89-12345 on the application. The succeeding numbers will be issued by the
Department of Revenue. DO NOT enter what you believe to be the next in sequence as this
may delay processing of your application.
SECTION 00700
GENERAL CONDITIONS
SECTION 00800
SUPPLEMENTARY CONDITIONS
Conditions of the Contract
These Supplementary Conditions amend or supplement the General Conditions of the
Construction Contract (EJCDC General Conditions 1910-8, 1990 edition, with City of Fort
Collins Modifications, Rev. 9/94) and other provisions of the Contract Documents as indicated
below.
SC-1 DEFINITIONS
SC-1.38. Add the following language to the conclusion of paragraph 1.38 of the General
Conditions:
1.38. Substantial Completion. .... Substantial Completion is further defined as
that degree of completion of the operating facilities or systems of the Project defined
in the Work Order sufficient to provide the OWNER the full time, uninterrupted,
continuous, beneficial operation of the modifications, and all inspections required
have been completed and identified conditions corrected.
SC-1.43.A. Add the following new paragraph immediately after paragraph 1.43 of the
General Conditions:
1.43.A. Work Order--A written document executed by OWNER and
CONTRACTOR that provides for the construction of a portion of the Work, pursuant
to the Agreement and all as required by the Contract Documents, and that becomes
a Contract Document when executed.
SC-2 PRELIMINARY MATTERS
SC-2.8. Delete paragraph 2.8 of the General Conditions entirely and replace it with the
following paragraph:
2.8. Preconstruction Conference. Within ten days after the Contract Times
for a Work Order start to run, but before any Work at the site is started, a conference
attended by CONTRACTOR, ENGINEER and others as appropriate will be held to
establish a working relationship among the parties as to the Work and to discuss the
schedules referred to in paragraph 2.6, procedures for handling Shop Drawings and
other submittals, processing Applications for Payment, and maintaining required
records.
SC-2.10. Add the following new paragraph immediately after paragraph 2.9 of the General
Conditions:
2.10. Work Order Required for All Work. References to the Agreement in this
Article 2 and in the General and Supplementary Conditions and Contract Documents
notwithstanding, no Work shall be initiated or performed until CONTRACTOR has
received a signed and executed Work Order, incorporating the Notice to Proceed,
from OWNER; and no provision of this Article 2 or of the General and Supplementary
Conditions and Contract Documents shall permit or require any action of
CONTRACTOR in the absence of a signed and executed Work Order. All provisions
of this Article 2 and of the General and Supplementary Conditions and Contract
Documents referencing the Agreement or other parts of the Contract Documents, or
permitting or requiring any action of CONTRACTOR, shall be read as referencing
and, as appropriate, requiring a signed and executed Work Order.
SC-4 AVAILABILITY OF LANDS; SUBSURFACE AND PHYSICAL CONDITIONS;
REFERENCE POINTS
SC-4.2.1.2. Add the following new paragraph immediately following paragraph 4.2.1.2 of the
General Conditions:
4.2.1.2.1. No drawing of physical conditions in or relating to existing surface or
subsurface structures (except Underground Facilities referred to in paragraph 4.3)
which are at or contiguous to the site have been utilized by the Engineer in
preparation of the Contract Documents, except the following:
SC-5 INSURANCE
SC-5.4.8.1. Add the following new paragraph immediately following paragraph 5.4.8 of the
General Conditions:
5.4.8.1. Limits of Liability. The limits of liability for the insurance required by the
paragraph numbers of the General Conditions listed below are as follows:
For Paragraphs 5.02.A.1 and 5.02.A.2: Coverage A - Statutory Limits; Coverage B -
$100,000 / $100,000 / $500,000.
For Paragraphs 5.02.A.3 and 5.02.A.5: The Commercial General Liability policy will
have limits of $1,000,000 combined single limits (CSL). This policy will include
coverage for Explosion, Collapse, and Underground coverage unless waived by the
Owner.
For Paragraph 5.02.A.6: The Comprehensive Automobile Liability Insurance policy
will have limits of $1,000,000 combined single limits (CSL).
For Paragraph 5.02.B.3: This policy will include completed operations coverage /
product liability coverage with limits of $1,000,000 combined single limits (CSL).
This policy shall also include an Umbrella Excess Liability as follows: General liability
and automobile liability insurance in an amount not less than $1,000,000 per
occurrence in excess of the above stated primary limits.
SC-6 CONTRACTOR’S RESPONSIBILITIES
SC-6.14.3. Add the following new paragraph immediately after paragraph 6.14.2 of the
General Conditions:
6.14.3. The following Laws or Regulations are included in the Contract
Documents as mandated by statute or for the convenience of the CONTRACTOR.
Other Laws and Regulations apply which are not included herein, and are within the
CONTRACTOR's duty and responsibility for compliance thereto:
6.14.3.1. Notice to owners of Underground Facilities is required prior to excavations
in the vicinity of such facilities.
6.14.3.2. Unless otherwise decided by reason of the amount of the Contract Price
involved, or other good reason, before or at the time that the contract is awarded to a
corporation outside the State of Colorado, such corporation must carry out the proper
procedure to become authorized to do business in the State of Colorado, designate a
place of business therein, and appoint an agent for service of process.
Such corporation must furnish the OWNER with a certificate from the Secretary of
State of Colorado has been issued by its office and there shall also be procured from
the Colorado Secretary of State of photostatic or certified copy of the designated of
place of business and appointment of agent for service of process, or a letter from
the Colorado Secretary of State that such designation of place of business and agent
for service of process have been made.
6.14.3.3. The CONTRACTOR must conform to the rules and regulations of the
Industrial Commission of Colorado. Particular reference is made to rules and
regulations governing excavation Work adopted by the Industrial Commission of
Colorado.
SC-11 CHANGE OF CONTRACT PRICE
SC-11.6.2.7. Add the following new paragraph to paragraph 11.6.2 of the General Conditions:
11.6.2.7. Cost of the Work. Allowances for profit, overhead and mark-up
prescribed by Article 4 of the Agreement shall be used in lieu of any
CONTRACTOR'S fee, overhead, profit or mark-up allowances as prescribed in
paragraphs 11.6.2.1, 11.6.2.2, and 11.6.2.3.
SC-12 CHANGE OF CONTRACT TIMES
SC-12.3. Add the following language to the end of paragraph 12.3 of the General
Conditions:
12.3. .... Lost days due to abnormal weather conditions will be allocated as
required.
SC-14 PAYMENTS TO CONTRACTOR AND COMPLETION
SC-14.1. Add the following language to the end of paragraph 14.1 of the General
Conditions:
14.1. Schedule of Values. .... Progress payments on the fixed fee shall be in
proportion to the cumulative actual Cost of the Work as a percentage of the
Allowable Cost of the Work. An amount not to exceed fifteen (15%) percent of the
fixed fee shall be advanced to the Contractor for mobilization in the first progress
payment.
SECTION 00900
ADDENDA, MODIFICATIONS AND PAYMENT
00950 Change Order
SECTION 00950
CHANGE ORDER FORM
CHANGE ORDER NO.
CONTRACTOR:
WORK ORDER TITLE & NO. :
ORIGINAL PROJECT TITLE & NO:
DESCRIPTION:
1. Reason for change:
2. Description of Change:
3. Change in Contract Cost:
4. Change in Contract Time:
ORIGINAL CONTRACT COSTS $ ________________
TOTAL APPROVED CHANGE ORDER(S) $ ________________
TOTAL PENDING CHANGE ORDER(S) $ ________________
TOTAL THIS CHANGE ORDER $ ________________
TOTAL % OF ORIGINAL CONTRACT, THIS CO: _______________ %
TOTAL % OF ORIGINAL CONTRACT, ALL CO’S: _______________ %
ADJUSTED CONTRACT COST $ ________________
(Assuming all change orders approved)
ACCEPTED BY: _____________________________________ DATE: ____________
Contractor's Representative
ACCEPTED BY: _____________________________________ DATE: ____________
Project Manager
REVIEWED BY: _____________________________________ DATE: ____________
Title:
APPROVED BY: _____________________________________ DATE: ____________
Title:
APPROVED BY: _____________________________________ DATE: ____________
(Director of Purchasing if > $60,000)
cc: City Clerk Architect/Engineer
Finance Purchasing
Project Manager Contractor