HomeMy WebLinkAbout180828 COLORADO BORING COMPANY - CONTRACT - RFP - 8820 DIRECTIONAL BORING AND TRENCHING ON-CALLOfficial Purchasing Document
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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 COLORADO BORING COMPANY, 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 boring &
trenching services. 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, samples
of which are attached hereto as Exhibit A & B, consisting of two (2) and thirty-three
(33) pages and incorporated herein by this reference, shall include a description of the
services to be performed, the location and time for performance, the amount of
payment, any materials to be supplied by the City and any other special circumstances
relating to the performance of services. A general scope of services is attached hereto
as Exhibit D, consisting of ten (10) pages, and incorporated herein by this reference.
The only services authorized under this Agreement are those which are performed
after receipt of such Work Order, except in emergency circumstances where oral work
requests may be issued. Oral requests for emergency actions will be confirmed by
issuance of a written Work Order within two (2) working days. Irrespective of
references in Exhibit A and Exhibit B 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 such Work Order, make changes to the scope of the particular services.
Such changes shall be agreed upon in writing by the parties by Change Order, a
sample of which is attached hereto as Exhibit C, consisting of one (1) page and
incorporated herein by this reference.
2. Changes in the Work. The City reserves the right to independently bid any services rather
than issuing work to the 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.
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4. Contract Period. This Agreement shall commence March 11, 2019 and shall continue in
full force and effect until March 10, 2020, 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. Written notice of renewal shall be
provided to the Service Provider and mailed no later than thirty (30) days prior to contract
end.
5. Delay. If either party is prevented in whole or in part from performing its obligations by
unforeseeable causes beyond its reasonable control and without is fault or negligence, then
the party so prevented shall be excused from whatever performance is prevented by such
cause. To the extent that the performance is actually prevented, the 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:
Service Provider: City: Copy to:
Colorado Boring Company
Attn: Jon Jacobs
3813 Canal Drive
Fort Collins, CO 80524
City of Fort Collins
Attn: Travis Walker
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.
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 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, attached hereto as Exhibit E, consisting
of three (3) pages, 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,
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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 extent that the work shall be
done in accordance with the terms, plans and specifications furnished by the City.
12. Subcontractors. Service Provider may not subcontract any of the Work set forth in the
Exhibit D, 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.
13. 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.
14. 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.
15. Warranty.
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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 twenty-four (24) months from and
after final acceptance under the Work Order, 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.
16. 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.
17. 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.
18. 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.
19. 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.
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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 F, consisting
of one (1) page, attached hereto and incorporated herein by this reference. The Service
Provider before commencing services hereunder shall deliver to the City's Purchasing
Director, 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.
20. 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.
21. 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.
22. 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:
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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.
23. Dust Control. The Service Provider shall abide by the City of Fort Collins “Dust Control and
Prevention Manual,” which is available for public download at
https://www.fcgov.com/airquality/pdf/dust-prevention-and-control-manual.pdf, and is
incorporated herein by this reference. The City of Fort Collins has implemented this manual
for all projects performed for the City of Fort Collins or located within the City of Fort Collins
City limits.
24. Haul Routes. All trucks used for work contracted by the City utilizing asphalt from the asphalt
plant located at 1800 North Taft Hill Road may only enter North Taft Hill Road from the North
using CR 54 G and only exit the site on North Taft Hill Road to the North to CR 54G.
25. Special Provisions. Special provisions or conditions relating to the services to be performed
pursuant to this Agreement are set forth in Exhibit G - Confidentiality consisting of one (1)
page attached hereto and incorporated herein by this reference.
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THE CITY OF FORT COLLINS, COLORADO
By:
Gerry Paul
Purchasing Director
DATE:
ATTEST:
APPROVED AS TO FORM:
COLORADO BORING COMPANY
By:
Printed:
Title:
Date:
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3/18/2019
Jon Jacobs
Managing Member
Assistant City Attorney ll
3/18/2019
City Clerk
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EXHIBIT A
WORK ORDER FORM (Short form)
PURSUANT TO A MASTER AGREEMENT BETWEEN
THE CITY OF FORT COLLINS
AND
COLORADO BORING COMPANY
WORK ORDER NUMBER: PM's Tracking #
PROJECT TITLE:
ORIGINAL BID/RFP NUMBER & NAME:
MASTER AGREEMENT EFFECTIVE DATE: March 11, 2019
ARCHITECT/ENGINEER: If using a 3rd party architect/engineer or City
PM/Engineer
OWNER’S REPRESENTATIVE: City PM
WORK ORDER COMMENCEMENT DATE:
WORK ORDER COMPLETION DATE:
MAXIMUM FEE: (time and reimbursable direct costs):
PROJECT DESCRIPTION/SCOPE OF SERVICES:
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 Master Agreement between
the parties. In the event of a conflict between or ambiguity in the terms of the Master Agreement
and this Work Order (including the attached forms) the Master Agreement shall control.
The attached forms consisting of ( ) pages are hereby accepted and incorporated
herein, by this reference, and Notice to Proceed is hereby given after all parties have signed this
document.
SERVICE PROVIDER: Colorado Boring Company
By: Date:
Name: Title:
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OWNER’S ACCEPTANCE & EXECUTION:
This Work Order and the attached Contract Documents are hereby accepted and incorporated
herein by this reference.
ACCEPTANCE: Date:
Name, Project Manager
REVIEWED: Date:
Name, Buyer or Senior Buyer
APPROVED AS TO FORM: Date:
Name,City Attorney's Title
(if greater than $1,000,000)
ACCEPTANCE: Date:
Name, Title
ACCEPTANCE: Date:
Name, Title
ACCEPTANCE: Date:
Kevin Gertig, Utilities Executive Director
(if greater than $1,000,000)
ACCEPTANCE: Date:
Gerry Paul, Purchasing Director
(if greater than $60,000)
ACCEPTANCE: Date:
Darin Atteberry, City Manager
(if greater than $1,000,000)
ATTEST: Date:
City Clerk
(if greater than $1,000,000)
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EXHIBIT B
WORK ORDER FORM (Construction over $100,000)
FORT COLLINS UTILITIES
CONSTRUCTION WORK ORDER
PROJECT TITLE
WORK ORDER NO. PM'S TRACKING #
CONTRACTOR: Colorado Boring Company
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TABLE OF CONTENTS
AGREEMENT FORMS
00525 Work Order, Notice of Award & Bid Schedule
00530 Work Order Notice to Proceed
00600 Bonds and Certificates
00610 Performance Bond
00615 Payment Bond
00630 Certificate of Insurance
00635 Certificate of Substantial Completion
00640 Certificate of Final Acceptance
00650 Lien Waiver Release (CONTRACTOR)
00651 Lien Waiver Release (SUBCONTRACTOR)
00660 Consent of Surety
00670 Application for Exemption Certificate
00700 General Conditions of the Construction Contract (EJCDC)
00800 Supplementary Conditions
00900 Addenda, Modifications and Payment
00950 Work Order Change Order Form
00960 Application for Payment
ADDITIONAL DOCUMENTS
Attachment A DRAWING INDEX
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SECTION 00500
CONSTRUCTION WORK ORDER AGREEMENT FORMS
00525 Work Order, Notice of Award & Bid Schedule
00530 Work Order Notice to Proceed
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SECTION 00525
WORK ORDER, NOTICE OF AWARD AND BID SCHEDULE
TO: Colorado Boring Company
WORK ORDER NUMBER: PM's Tracking #
PROJECT TITLE:
ORIGINAL BID/RFP NUMBER & NAME:
MASTER AGREEMENT EFFECTIVE DATE: March 11, 2019
ARCHITECT/ENGINEER: If using a 3rd party architect/engineer or can
be City PM/Engineer
OWNER’S REPRESENTATIVE: City PM
WORK ORDER COMMENCEMENT DATE:
MAXIMUM FEE: (time and reimbursable direct costs):
NOTICE OF AWARD DATE: Date of this Document
OWNER: City of Fort Collins (hereinafter referred to as OWNER)
1. WORK. Pursuant to your MASTER AGREEMENT with OWNER dated Original
Contract Date, and your Work Order Proposal dated Date of Quote, you have been
awarded a Work Order for Project Title.
PROJECT DESCRIPTION & SITE LOCATION:
2. CONTRACT PRICE, BONDS AND CERTIFICATES. The price of your Work Order is
Written Dollar Amount ($Numerical Dollar Amount). Pursuant to the AGREEMENT and
the Work Order Documents, Performance and Payment Bonds and insurance are
required.
3. CONTRACT TIMES. Pursuant to the MASTER AGREEMENT and the Work Order
Documents, the date for Substantial Completion of this Work Order is Date, and after
Substantial Completion, the date for Final Completion is Date.
4. LIQUIDATED DAMAGES. OWNER and CONTRACTOR recognize that time is of the
essence of this Work Order 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: Written Dollar Amount ($Numerical Dollar Amount) for
each calendar day or fraction thereof after Date until the work is Substantially
Complete.
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2) Final Acceptance: After Substantial Completion, Written Dollar Amount
($Numerical Dollar Amount) for each calendar day or fraction thereof after XX
number of calendar days until the Work is ready for Final Payment and
Acceptance.
5. PAYMENT PROCEDURES. CONTRACTOR shall submit Applications for Payment in
accordance with Article 14 of the General Conditions. Applications for Payment will be
processed by OWNER.
PROGRESS PAYMENTS. OWNER shall make progress payments on account of the
Contract Price on the basis of CONTRACTOR's Application for Payment, 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.
Prior to Substantial Completion, Owner will be entitled to withhold as contract
retainage five percent (5%) of each progress payment, but, in each case, less the
aggregate of payments previously made and less such amounts as OWNER may
withhold, in accordance with paragraph 14.7 of the General Conditions. If, in the sole
discretion of Owner, Owner determines that the character and progress of the Work
have been satisfactory to OWNER, OWNER may determine that as long as the
character and progress of the Work remain satisfactory to them, there will be no
additional retainage on account of Work completed in which case the remaining
progress payments prior to Substantial Completion will be in an amount equal to
100% of the Work completed. 95% of materials and equipment not incorporated in
the Work (but delivered, suitably stored and accompanied by documentation
satisfactory to OWNER as provided in paragraph 14.2 of the General Conditions)
may be included in the application Section 00960.
Upon Substantial Completion payment will be made in an amount sufficient, if necessary, to
increase total payments to CONTRACTOR to 95% of the Contract Price, less such amounts
as OWNER may withhold in accordance with paragraph 14.7 of the General Conditions or
as provided by law.
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 provided
in said paragraph 14.13.
6. EXECUTION. Work Order Documents must be executed in DocuSign within fifteen (15)
calendar days of the date of this Notice of Award. Contractor shall attach Payment and
Performance Bonds and Certificate of Insurance(COI) to the Work Order Documents in
DocuSign. In addition, one original set of executed Bonds and COI shall be provided to
the Buyer.
Failure to comply with these conditions within the time specified will entitle OWNER to
consider your Work Order Proposal abandoned and to annul this Work Order & Notice of
Award.
CONTRACTOR’S NOTICE OF AWARD REPRESENTATION & EXECUTION:
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CONTRACTOR agrees to perform the services identified above, in accordance with the terms
and conditions contained herein, the MASTER AGREEMENT, and the NOTICE OF AWARD
between the parties. In the event of a conflict between or ambiguity in the terms of the MASTER
AGREEMENT or specific Work Orders, the MASTER AGREEMENT shall control.
CONTRACTOR: Colorado Boring Company
By: Date:
Name: Title:
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OWNER’S ACCEPTANCE & EXECUTION:
This Work Order and the attached Documents are hereby accepted and incorporated herein by
this reference.
ACCEPTANCE: Date:
Name, Project Manager
REVIEWED: Date:
Name, Buyer or Senior Buyer
APPROVED AS TO FORM: Date:
Name,City Attorney's Title
(if greater than $1,000,000)
ACCEPTANCE: Date:
Name, Title
ACCEPTANCE: Date:
Name, Title
ACCEPTANCE: Date:
Kevin Gertig, Utilities Executive Director
(if greater than $1,000,000)
ACCEPTANCE: Date:
Gerry Paul, Purchasing Director
(if greater than $60,000)
ACCEPTANCE: Date:
Darin Atteberry, City Manager
(if greater than $1,000,000)
ATTEST: Date:
City Clerk
(if greater than $1,000,000)
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BID SCHEDULE
Insert Work Order Quote/Proposal Here
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SECTION 00530
WORK ORDER NOTICE TO PROCEED
NOTICE TO PROCEED DATE:
WORK ORDER TITLE:
WORK ORDER NUMBER:
TO:
Attn:
This notice is to advise you:
That the Work Order and all amendments and supplements to the Work Order Documents
covering the above described Work have been fully executed by the CONTRACTOR and the
OWNER. That the required CONTRACTOR's Performance and Payment Bonds and insurance
have been received by the OWNER. That the OWNER has approved the said Work Order and
Work Order Documents.
Therefore, as the CONTRACTOR for the above described Work, you are hereby authorized and
directed to proceed within ( ) calendar days from receipt of this notice as required
by the Work Order and the AGREEMENT.
The dates for Substantial Completion and Final Acceptance shall be , and ,
respectively.
Dated this _____________ day of ___________, _____.
CITY OF FORT COLLINS (OWNER)
By:
Name, Title
ACKNOWLEDGMENT OF NOTICE
Receipt of the above Work Order Notice to Proceed is hereby acknowledged this Day day of
Month, Year.
(CONTRACTOR)
By: ___________________________________________
Name, Title
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SECTION 00600
BONDS AND CERTIFICATES
00610 Performance Bond
00615 Payment Bond
00630 Certificate of Insurance
00635 Certificate of Substantial Completion
00640 Certificate of Final Acceptance
00650 Lien Waiver Release (CONTRACTOR)
00651 Lien Waiver Release (SUBCONTRACTOR)
00660 Consent of Surety
00670 Application for Exemption Certificate
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SECTION 00610
PERFORMANCE BOND
Bond No __
KNOW ALL MEN BY THESE PRESENTS: that
(Firm)
(Address)
(an Individual), (a Partnership), (a Corporation), hereinafter referred to as the "Principal" and
(Firm)
(Address)
hereinafter referred to as "the Surety", are held and firmly bound unto City of Fort Collins, 300
LaPorte Ave, Fort Collins, Colorado 80522 a (Municipal Corporation) hereinafter referred to as
the "OWNER", in the penal sum of ($ ) in lawful money of the United States, for the
payment of which sum well and truly to be made, we bind ourselves, successors and assigns,
jointly and severally, firmly by these presents.
THE CONDITIONS OF THIS OBLIGATION are such that whereas the Principal entered into a
certain Master Agreement with the OWNER, dated the Day day of Month, Year, a copy of which
is hereto attached and made a part hereof, for the performance of The City of Fort Collins Work
Order, titled Work Order Project Title, Work Order Number PM's Tracking #, dated Work Order
Date, a copy of which is hereto attached and made a part hereof.
NOW, THEREFORE, if the Principal shall well, truly and faithfully perform its duties, all the
undertakings, covenants, terms, conditions and agreements of said Work Order and Master
Agreement during the original term thereof, and any extensions thereof which may be granted by
the OWNER, with or without Notice to the Surety and during the life of the guaranty period, and if
the Principal shall satisfy all claims and demands incurred under such Work Order and Master
Agreement, and shall fully indemnify and save harmless the OWNER from all cost and damages
which it may suffer by reason of failure to do so, and shall reimburse and repay the OWNER all
outlay and expense which the OWNER may incur in making good any default, then this obligation
shall be void; otherwise to remain in full force and effect.
PROVIDED, FURTHER, that the said Surety, for value received, hereby stipulates and agrees
that no change, extension of time, alteration or addition to the terms of the Work Order and Master
Agreement or to the Work to be performed thereunder or the Specifications accompanying the
same shall in any way affect its obligation on this bond; and it does hereby waive notice of any
such change, extension of time, alteration or addition to the terms of the Work Order and Master
Agreement or to the Work or to the Specifications.
PROVIDED, FURTHER, that no final settlement between the OWNER and the CONTRACTOR
shall abridge the right of any beneficiary hereunder, whose claim may be unsatisfied.
PROVIDED, FURTHER, that the Surety Company must be authorized to transact business in the
State of Colorado and be acceptable to the OWNER.
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IN WITNESS WHEREOF, this instrument is executed in three (3) counterparts, each one of which
shall be deemed an original, this _____ day of ___________, _____.
IN PRESENCE OF: Principal
(Title) (Title)
(Corporate Seal)
(Address)
IN PRESENCE OF: Other Partners
_____________________________ By:
_____________________________ By:
IN PRESENCE OF: Surety
_____________________________ By:
_____________________________
(Address)
(Surety Seal)
NOTE: Date of Bond must not be prior to date of Work Order. If CONTRACTOR is
Partnership, all partners should execute Bond.
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SECTION 00615
PAYMENT BOND
Bond No __
KNOW ALL MEN BY THESE PRESENTS: that
(Firm)
(Address)
(an Individual), (a Partnership), (a Corporation), hereinafter referred to as the "Principal" and
(Firm)
(Address)
hereinafter referred to as "the Surety", are held and firmly bound unto City of Fort Collins, 300
LaPorte Ave, Fort Collins, Colorado 80522 a (Municipal Corporation) hereinafter referred to as
the "OWNER", in the penal sum of ($ ) in lawful money of the United States, for the
payment of which sum well and truly to be made, we bind ourselves, successors and assigns,
jointly and severally, firmly by these presents.
THE CONDITIONS OF THIS OBLIGATION are such that whereas the Principal entered into a
certain Master Agreement with the OWNER, dated the Day day of Month, Year, a copy of which
is hereto attached and made a part hereof, for the performance of The City of Fort Collins Work
Order, titled Work Order Project Title, Work Order Number PM's Tracking #, dated Work Order
Date, a copy of which is hereto attached and made a part hereof.
NOW, THEREFORE, if the Principal shall make payment to all persons, firms, subcontractors,
and corporations furnishing materials for or performing labor in the prosecution of the Work
provided for in such Work Order and Master Agreement and any authorized extension or
modification thereof, including all amounts due for materials, lubricants, repairs on machinery,
equipment and tools, consumed, rented or used in connection with the construction of such Work,
and all insurance premiums on said Work, and for all labor, performed in such Work whether by
subcontractor or otherwise, then this obligation shall be void; otherwise to remain in full force and
effect.
PROVIDED, FURTHER, that the said Surety, for value received, hereby stipulates and agrees
that no change, extension of time, alteration or addition to the terms of the Work Order and Master
Agreement or to the Work to be performed thereunder or the Specifications accompanying the
same shall in any way affect its obligation on this bond; and it does hereby waive notice of any
such change, extension of time, alteration or addition to the terms of the Work Order and Master
Agreement or to the Work or to the Specifications.
PROVIDED, FURTHER, that no final settlement between the OWNER and the CONTRACTOR
shall abridge the right of any beneficiary hereunder, whose claim may be unsatisfied.
PROVIDED, FURTHER, that the Surety Company must be authorized to transact business in the
State of Colorado and be acceptable to the OWNER.
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IN WITNESS WHEREOF, this instrument is executed in three (3) counterparts, each one of which
shall be deemed an original, this _____ day of ___________, _____.
IN PRESENCE OF: Principal
(Title) (Title)
(Corporate Seal)
(Address)
IN PRESENCE OF: Other Partners
_____________________________ By:
_____________________________ By:
IN PRESENCE OF: Surety
_____________________________ By:
_____________________________
(Address)
(Surety Seal)
NOTE: Date of Bond must not be prior to date of Work Order. If CONTRACTOR is
Partnership, all partners should execute Bond.
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SECTION 00630
CERTIFICATE OF INSURANCE
CONTRACTOR shall submit Certificate of Insurance in compliance with the Work Order
Documents.
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SECTION 00635
CERTIFICATE OF SUBSTANTIAL COMPLETION
TO: CITY OF FORT COLLINS (OWNER) PROJECT TITLE:
DATE OF SUBSTANTIAL COMPLETION: LOCATION: Fort Collins, Colorado
OWNER: City of Fort Collins
PROJECT OR SPECIFIED PART SHALL CONTRACTOR: Colorado Boring Company
INCLUDE:
WORK ORDER DATE:
The Work performed under this Work Order, pursuant to the Work Order Documents, has been
inspected by authorized representatives of the OWNER, CONTRACTOR, and the ENGINEER
and the project (or specified part of the project, as indicated above) is hereby declared to be
substantially completed on the above date.
A tentative list of items to be completed or corrected is appended hereto. This list may not be
exhaustive, and the failure to include an item on it does not alter the responsibility of the
CONTRACTOR to complete all the Work in accordance with the Work Order Documents.
_____________________________ By: __________________________ ________
PROJECT MANAGER AUTHORIZED REPRESENTATIVE DATE
The CONTRACTOR accepts the above Certificate of Substantial Completion and agrees to
complete and correct the items on the tentative list within the time indicated.
_____________________________ By: __________________________ ________
CONTRACTOR AUTHORIZED REPRESENTATIVE DATE
The OWNER accepts the project or specified area of the project as substantially complete and
will assume full possession of the project or specified area of the project at 12:01 a.m., on
. The responsibility for heat, utilities, security, and insurance
under the Work Order Documents shall be as set forth under "Remarks" below.
CITY OF FORT COLLINS ________ By: __________________________ ________
OWNER AUTHORIZED REPRESENTATIVE DATE
REMARKS: _________________________________________________________________
____________________________________________________________________________
____________________________________________________________________________
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SECTION 00640
CERTIFICATE OF FINAL ACCEPTANCE
DATE:
TO:
You are hereby notified that on the Day day of Month, Year, the City of Fort Collins, Colorado,
has accepted the Work completed by Contractor Company Name, for the City of Fort Collins Work
Order, titled Project Title, Work Order Number PM's Tracking #.
Your continuing obligations and guarantees for the Project will be as provided in the Work Order
and Work Order Documents.
Sincerely,
City of Fort Collins
OWNER
By: ___________________________________________
___________________________________________
Name, Title
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SECTION 00650
LIEN WAIVER RELEASE
(CONTRACTOR)
TO: City of Fort Collins, Colorado (OWNER)
FROM: Colorado Boring Company (CONTRACTOR)
WORK ORDER TITLE:
WORK ORDER NUMBER:
1. The CONTRACTOR acknowledges having received payment, except retainage from the
OWNER for all work, labor, skill and material furnished, delivered and performed by the
CONTRACTOR for the OWNER or for anyone in the construction, design, improvement,
alteration, addition or repair of the above described project.
2. In consideration of such payment and other good and valuable consideration, the receipt
and adequacy of which are hereby acknowledged, the CONTRACTOR voluntarily waives
all rights, claims and liens, including but not limited to, mechanic's liens, Miller Act claims
(40 U.S.C.A. 270 a and b), stop notices, equitable liens and labor and material bond rights
which the CONTRACTOR may now or may afterward have, claim or assert for all and any
work, labor, skill or materials furnished, delivered or performed for the construction, design,
improvement, alteration, addition or repair of the above described project, against the
OWNER or its officers, agents, employees or assigns, against any fund of or in the
possession or control of the OWNER, against the project or against all land and the buildings
on and appurtenances to the land improved by the project.
3. The CONTRACTOR affirms that all work, labor and materials, furnished, delivered or
performed to or for the construction, design, improvement, alteration, addition or repair of
the project were furnished, delivered or performed by the CONTRACTOR or its agents,
employees, and servants, or by and through the CONTRACTOR by various Subcontractors
or materialmen or their agents, employees and servants and further affirms the same have
been paid in full and have released in full any and all existing or possible future mechanic's
liens or rights or claims against the project or any funds in the OWNER'S possession or
control concerning the project or against the OWNER or its officers, agents, employees or
assigns arising out of the project.
4. The CONTRACTOR agrees to defend and hold harmless the OWNER, the lender, if any,
and the Surety on the project against and from any claim hereinafter made by the
CONTRACTOR's Subcontractors, materialmen, employees, servants, agents or assigns
against the project or against the OWNER or its officers, employees, agents or assigns
arising out of the project for all loss, damage and costs, including reasonable attorneys fees,
incurred as a result of such claims.
5. The parties acknowledge that the description of the project set forth above constitutes an
adequate description of the property and improvements to which this Lien Waiver Release
pertains. It is further acknowledged that this Lien Waiver Release is for the benefit of and
may be relied upon by the OWNER, the lender, if any, and Surety on any labor and material
bonds for the project.
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Signed this ______ day of __________, ___.
CONTRACTOR: Colorado Boring Company
By: ___________________________________________
___________________________________________
Name, Title
ATTEST:
_____________________________
Secretary
STATE OF COLORADO )
)ss.
COUNTY OF LARIMER )
Subscribed and sworn to before me this _________ day of __________, _____, by
________________________________________________________________.
Witness my hand and official seal.
My Commission Expires: ___________________________.
_________________________
Notary Public
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SECTION 00650
LIEN WAIVER RELEASE
(SUBCONTRACTOR)
TO: City of Fort Collins, Colorado (OWNER)
FROM: Company Name (CONTRACTOR)
WORK ORDER TITLE:
WORK ORDER NUMBER:
1. The Subcontractor acknowledges having received payment from the CONTRACTOR for all
work, labor, skill and material furnished, delivered and performed by the Subcontractor for
the CONTRACTOR or for anyone in the construction, design, improvement, alteration,
addition or repair of the above described project.
2. In consideration of such payment and other good and valuable consideration, the receipt
and adequacy of which are hereby acknowledged, the Subcontractor voluntarily waives all
rights, claims and liens, including but not limited to, mechanic's liens, Miller Act claims (40
U.S.C.A. 270 a and b), stop notices, equitable liens and labor and material bond rights which
the Subcontractor may now or may afterward have, claim or assert for all and any work,
labor, skill or materials furnished, delivered or performed for the construction, design,
improvement, alteration, addition or repair of the above described project, against the
CONTRACTOR or its officers, agents, employees or assigns, against the project or against
all land and the buildings on and appurtenances to the land improved by the project.
3. The Subcontractor affirms that all work, labor and materials, furnished, delivered or
performed to or for the construction, design, improvement, alteration, addition or repair of
the project were furnished, delivered or performed by the Subcontractor or its agents,
employees, and servants, or by and through the Subcontractor by various sub-
subcontractors or materialmen or their agents, employees and servants, and further affirms
the same have been paid in full and have released in full any and all existing or possible
future mechanic's liens or rights or claims against the project or against the CONTRACTOR
or its officers, agents, employees or assigns arising out of the project.
4. The Subcontractor agrees to defend and hold harmless the CONTRACTOR, the lender, if
any, and the Surety on the project against and from any claim hereinafter made by the
Subcontractor's sub-subcontractors, materialmen, employees, servants, agents or assigns
against the project or against the CONTRACTOR or OWNER, lender or Surety or their
officers, employees, agents or assigns arising out of the project for all loss, damage and
costs, including reasonable attorneys fees, incurred as a result of such claims.
5. The parties acknowledge that the description of the project set forth above constitutes an
adequate description of the property and improvements to which this Lien Waiver Release
pertains. It is further acknowledged that this Lien Waiver Release is for the benefit of and
may be relied upon by the CONTRACTOR, OWNER, the lender, if any, and Surety on any
labor and material bonds for the project.
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Signed this ______ day of _________, ___.
SUBCONTRACTOR:
By: ___________________________________________
___________________________________________
Name, Title
ATTEST:
_____________________________
Secretary
STATE OF COLORADO )
)ss.
COUNTY OF LARIMER )
Subscribed and sworn to before me this _________ day of __________, _____, by
__________________________________________________________________.
Witness my hand and official seal.
My Commission Expires: ___________________________.
__________________________________
Notary Public
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SECTION 00660
CONSENT OF SURETY
TO: City of Fort Collins, Colorado (hereinafter referred to as the "OWNER")
CONTRACTOR: Company Name
TITLE:
WORK ORDER NUMBER:
WORK ORDER DATE:
In accordance with the provisions of the Work Order and Master Agreement between the OWNER
and the CONTRACTOR as indicated above, for the Work Order titled Work Order Project Title on
bond of , (Surety)
_______________________________________ hereby approves of the Final Payment to the
CONTRACTOR, and agrees that Final Payment to the CONTRACTOR shall not relieve the Surety
Company of any of its obligations to the OWNER, as set forth in the said Surety Company's Bond.
IN WITNESS WHEREOF, the Surety Company has hereunto set its hand this _________ day of
_________ _, _____.
____________________________________________
(Surety Company)
By: ________________________________________
(Name) Attorney-in-Fact
ATTACH: Power of Attorney and Certificate of Authority of Attorney(s)-in-Fact.
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SECTION 00800
SUPPLEMENTARY CONDITIONS
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 Work Order 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 the Work, or a portion of the Work
pursuant to the Master Agreement and all as required by the Work Order Documents,
and that becomes a Work Order 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 Work Order
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 Master Agreement in
this Article 2 and in the General and Supplementary Conditions and Work Order
Documents notwithstanding, no Work shall be initiated or performed until
CONTRACTOR has received a signed and executed Work Order, and the Notice to
Proceed, from OWNER; and no provision of this Article 2 or of the General and
Supplementary Conditions and Work Order 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 Work
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Order Documents referencing the Master Agreement or other parts of the Work Order
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 Work Order Documents, except the following:
SC-5 BONDS AND INSURANCE
SC-5.4.7. Include the following parties or entities as additional insureds, as provided in
paragraph 5.4.7 of the General Conditions:
5.4.7.1. City of Fort Collins, Colorado, PO Box 580, Fort Collins, CO 80522.
5.4.7.2. list all entities to be included as named additional insureds
SC-5.4.8.1. Add the following new paragraph immediately following paragraph 5.4.8 of the
General Conditions:
6.4.8.1. 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.
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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 Work Order
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 Work Order 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 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 the Master 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:
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14.1. Schedule of Values. .... Progress payments on the fixed fee shall be in
proportion to the cumulative actual Cost of the Work as a percentage of the Allowable
Cost of the Work. An amount not to exceed fifteen (15%) percent of the fixed fee shall
be advanced to the Contractor for mobilization in the first progress payment.
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SECTION 00900
ADDENDA, MODIFICATIONS AND PAYMENT
00950 Change Order
00960 Application for Payment
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SECTION 00950
CHANGE ORDER NO.
PROJECT TITLE:
CONTRACTOR: [Contractor]
WORK ORDER NUMBER:
PO NUMBER:
DESCRIPTION:
1. Reason for Change: Why is the change required?
2. Description of Change: Provide description of the changes to the Work
3. Change in Work Order Price:
4. Change in Work Order Time:
ORIGINAL WORK ORDER PRICE $ .00
TOTAL APPROVED CHANGE ORDER .00
TOTAL PENDING CHANGE ORDER .00
TOTAL THIS CHANGE ORDER .00
TOTAL % OF THIS CHANGE ORDER %
TOTAL C.O.% OF ORIGINAL WORK ORDER %
ADJUSTED WORK ORDER COST $ .00
CONTRACTOR: Company Name
By: Date:
Name: Title:
ACCEPTED: Date:
City PM Name, Title
REVIEWED: Date:
Name, Buyer or Senior Buyer
ACCEPTED: Date:
Name, Title
ACCEPTED: Date:
Gerry Paul, Purchasing Director
(if greater than $60,000)
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SECTION 00960
APPLICATION FOR PAYMENT
PROJECT Page 1 of 1
OWNER:
ENGINEERS:
ADDRESS:
NUMBER DATE AMOUNT
$ -
$ -
$ -
NUMBER DATE AMOUNT FUND OBJECT
Amount Due this Pay Application (before retainage):
$ -
$ -
0.00%
Payment of the above Amount Due This Application has been reviewed by the OWNER'S Project Manager
BY: DATE: DATE:
NAME & TITLE:
BY: DATE:
NAME & TITLE: Official Purchasing Form
Last updated 10/2017
Net Change by Change Order:
Change order %:
Original Contract Amount
Net Change by Change Order
Revised Current Contract Amount
Total Work Completed to Date:
Total Stored to Date:
CHANGE ORDERS PAY APPLICATION
Application is made for Payment as shown below in connection with the Contract.
The present status of the account for this Contract is as follows:
CONTRACTOR:
$ -
$ -
RETAINAGE
$ -NumbersCharge
$ -
$ -
Less Previous Payments:
Total Completed and Stored Materials to Date:
Less Retainage
$ -
$ -
$ -
AMOUNT DUE THIS APPLICATION: $ -
The above Amount Due this Application is requested by the CONTRACTOR's Project Manager.
BY:
PO NUMBER
ADDRESS: ADDRESS:
APPLICATION NUMBER
APPLICATION DATE
PERIOD BEGINNING
PERIOD ENDING
PROJECT NUMBER
Retainage to Date:
NAME & TITLE:
Total (after retainage):
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Unit Price Total Quanitity Total Quantity Total Quantity Total
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PAY REQUEST
Item # Description Quantity Cost
Remaining
Percent
UOMComplete
Contract Summary This Period Previous Total to Date
Period Ending:
Combined
Total Completed to Date
Total Contract Amount
Total This Period
Previous Billings
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Crosscheck
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ATTACHMENT A
DRAWING INDEX
WORK ORDER #
WORK ORDER TITLE
BY: Company Name who last revised the drawings
Sheet Title Drawing Revision Date
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EXHIBIT C
CHANGE ORDER
NO.
PROJECT TITLE:
SERVICE PROVIDER: Company Name
WORK ORDER NUMBER:
PO NUMBER:
DESCRIPTION:
1. Reason for Change: Why is the change required?
2. Description of Change: Provide details of the changes to the Work
3. Change in Work Order Price:
4. Change in Work Order Time:
ORIGINAL WORK ORDER PRICE $ .00
TOTAL APPROVED CHANGE ORDER .00
TOTAL PENDING CHANGE ORDER .00
TOTAL THIS CHANGE ORDER .00
TOTAL % OF THIS CHANGE ORDER %
TOTAL C.O.% OF ORIGINAL WORK ORDER %
ADJUSTED WORK ORDER COST $ .00
SERVICE PROVIDER: Company Name
By: Date:
Name: Title:
ACCEPTANCE: Date:
Name, Project Manager
REVIEWED: Date:
Name, Buyer or Senior Buyer
ACCEPTANCE: Date:
Name, Title
ACCEPTANCE: Date:
Gerry Paul, Purchasing Director (if greater than $60,000)
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EXHIBIT D
GENERAL SCOPE OF SERVICES
A. PURPOSE
The primary duty of the awarded Contractors will include but is not limited to: perform
directional boring and/or trenching operations, potholing to locate underground utilities or
verify clear zones for traffic signal caisson installation, vacuum excavation of traffic signal
caissons and to dewater caissons.
City of Fort Collins shall have the option to bid specific projects as deemed necessary.
B. L&P BACKGROUND
Throughout the City of Fort Collins there are areas of underground electric lines that are
nearing the end of their life-cycle. Many of these are over 30 years old and have been
marked for “reconstruction”. This typically will involve installing new electric lines in the front
of lots and will require directional boring and/or trenching. Electric and fiber mains as well
as services will be installed throughout the process. A smaller project may consist of a single
pothole.
Some areas recently annexed to the City will have some construction to underground
existing overhead and/or “rebuild” existing underground. This area of work will include
residential as well as business customers. Light & Power’s (L&P) Project Managers (PM)
will draw up Work Orders with mapping for all of the work to be done.
Conduits, cables, flush-mounted vaults, transformers and switch cabinets will be installed
during the course of the awarded contract(s). The main area of assistance from a
Contractor will be in the installing of the conduits as well as at times non-energized cables
for services to customers. This likely will include directional boring as well as trenching.
The Contractor(s) are expected to possess the experienced personnel, the proper
equipment, and the necessary tools to trench and/or directional bore in a wide variety of
differing physical locations and conditions (including shale), to backfill, compact, remove
spoils from trenching/directional boring, compact and re-landscape with various materials,
and to install L&P’s equipment.
C. TRAFFIC OPERATIONS BACKGROUND
The scope of work for Traffic Operations will vary from potholes and vacuum excavation to
directional boring and trenching.
Construction activities specific to Traffic Operations work may include:
1. Directional boring and/or trenching to install conduit.
2. Potholing to locate underground utilities or verify clear zones for traffic signal caisson
installation.
3. Vacuum excavation of traffic signal caissons.
4. Dewatering caissons.
D. BROADBAND OPERATIONS BACKGROUND
Any award from RFP 8820 will not encompass the initial installation of Broadband. The initial
installation of Broadband has been awarded under a separate RFP titled 8696 Design,
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Engineering and Construction Services for a Fiber-to-the-Premises (FTTP) Broadband
Network.
If Broadband bore work is requested from the Contractors awarded under RFP 8820, it will
be in areas not covered by RFP 8696. Typical broadband infrastructure that may be
requested will be 2” and 1 ¼” rolled duct and various flush mount vaults.
E. Additional City departments may utilize this contract occasionally.
I. SCOPE OF PROPOSAL
A. Description of Work
When a need is identified, the City Project Manager (PM) will contact a Contractor to
discuss the scope of the pending Work Order, perhaps meeting onsite. The Project
Manager will draw up the Work Order with mapping for the work. The representatives of
the Contractor will work closely with the PM to plan work activities for each Work Order
and decide on a schedule for completion. The Contractor will submit a quote for the
work, itemized based on the unit costs in the agreement, but with a not to exceed cost.
Should the work change from the scope of work stated in the Work Order, a Change
Order is required prior to initiating any new work. The Change Order procedure is
discussed in a later section of this RFP.
During the project, the Contractor will be expected to submit a weekly log of services
completed. The Contractor is required to submit an invoice for each Work Order upon
completion and acceptance of the project.
1. Project Management duties performed by the Contractor:
The Contractor, as prime contractor, will be responsible for providing professional project
management of the entire project, which includes managing the cost, schedule, quality,
and scope. The Contractor’s Project Manager (PM) should be assigned to the City of
Fort Collins and will be responsible to inform the City in a timely manner when
challenges impacting any of these items arise, in order for the City to make timely,
informed decisions throughout the Project. The Contractor shall be responsible for
reporting and status management including but not limited to the following:
a. The Contractor shall submit an overall timetable of the schedule for the Project to
the City. The schedule shall portray fully a timetable representing the various
elements in the schedule and shall provide for the expeditious and practicable
execution of the Project. This schedule shall be revised from time to time during
the Project to reflect actual work progress.
b. The Contractor shall conduct progress meetings, prepare daily and weekly site
and production reports, and shall supervise and direct the work to complete the
Project
c. Project Plan - developed and maintained in Microsoft Project
d. Communications Plan
e. Weekly Project Team Meeting Agendas and Minutes
f. Risk Management log and tracking
g. Issue Management log and tracking
h. Document Tracking
i. Responsibility for completing change orders in a timely manner
2. Construction activities include:
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a. Identifying and avoiding all existing utilities and will comply with Utility Notification
Center of Colorado 811 requirements
b. Perform directional boring and installation of conduit and/or inner duct to a depth
of 30-48 inches. Roadway depths are 36-48 inches. Other depths are possible
due to circumstances but must be approved in advance by the City Project
Manager. Contractor will be required to adhere to specifications provided by each
department concerning depth of conduits or other facilities
c. Clearances are expected to be 10’ from water and/or sewer when parallel, 18”
separation when crossing water/sewer and 3’ from all other utilities when parallel,
18” separation when crossing. If these clearances aren’t able to be adhered to,
Contractor shall discuss with Project Manager
d. Install conduit and/or inner duct in trenches, raceways, vaults, and building
entrances
e. Light and Power requires written consent from the Project Manager and Line
Crew Chief any time the top of the facility being installed is less than 30” or
greater than 72” or varies from a bore profile provided by Light and Power
f. Remove “mud” from bore areas as needed
g. Open trench in dirt
h. Open trench in landscaped area
i. Open trench in street, parking lot, or other areas paved with concrete, asphalt,
roadbase or other materials
j. Backfill with spoils from the trench, using non-shrink material or slurry, per the
City PM
k. Compaction shall be completed thoroughly using a power tamper in lifts of not
more than 6 inches as it is being placed unless otherwise directed in writing by
the City of Fort Collins
l. All holes and trenches shall be protected at the Contractor’s expense from
accidental entry by vehicles and pedestrians through the use of steel plates or
other approved materials. Should the Contractor fail to provide adequate
protection to the surroundings of a work site, or should the operations be carried
out in such a way as to allow or cause damage to any roadway, street, sidewalk,
the property of any utility, or other private or public property, work may be
stopped until deficiencies are corrected. Should the repair not be undertaken and
should it be necessary for the City of Fort Collins to protect the area and/or make
the repair, the cost shall be deducted from payment due the Contractor
m. All excavation work shall take into account schedules and the impact related to
obtaining necessary de-watering permits per Colorado law
n. At the discretion of the City of Fort Collins, sod shall be removed either by the
use of an approved sod cutter and then replaced, or topsoil and seed shall be
placed. Care shall be taken to minimize the disturbance, and the area shall be
fully restored to the previous condition
o. All concrete work shall be performed and tested in accordance with applicable
City of Fort Collins Specifications. Concrete shall be finished to match any
adjacent concrete. If no match is required, the surface area shall be broom
finished and edged
p. Install handholes, vaults, splice boxes, building risers, and associated equipment
q. Install electrical cables in trenches, vaults, raceways, and other areas.
r. Core drill concrete slab (typical patio thickness) next to house meter locations
s. Coordinate with L&P customers and citizens, utility locators, permit
administrators, job inspectors, L&P subcontractors, and others as required
t. **Provide traffic control
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u. **Saw-cut and remove concrete and/or asphalt
v. **Replace concrete, asphalt, roadbase, dirt and other material to same quality or
better
w. **Restore landscaping, irrigation and other disturbed areas to same condition or
better
x. Other construction activities may be requested by the City at a price to be
negotiated between the parties
**These services may or may not be requested at the discretion of the City Project Manager.
Contractor(s) shall, however, provide pricing in their proposal to the City of Fort Collins.
3. Project Procedure:
a. The PM provides a map indicating the project area information specific to that
area as required.
b. The PM and the Contractor’s Representative jointly review the project area and
clarify any remaining details.
c. The Contractor’s Representative will complete a quote, within five (5) days for the
project area indicating work units and any items specific to the work area. The
price for completing the project area is calculated using unit prices established by
the Agreement, along with any specific adjustments mutually agreed by the
parties.
d. The PM and the Contractor’s Representative determine a starting date and a
completion date for the project area and include this on the Work Order.
e. The PM and the Contractor’s Representative review and approve the completed
Work Order for the area. The completed Work Order must have the specific
dollar amounts and stated completion dates as agreed to by both parties.
f. When the Work Order is completed, fully executed with insurance and bonds
submitted as required, the City PM creates a requisition. The requisition is then
converted to a Purchase Order. Once the Purchase Order is sent to the
Contractor, the work may begin.
g. Work is then completed by the Contractor, in accordance with the specific
requirements as stated in the Work Order, between the agreed to starting and
completion dates. Contractor will be responsible for the following, as required:
a. Obtaining private locates for all utilities for each project;
b. Quality control;
c. Traffic control.
h. Should there be a need to add, delete or revise the scope of work; change the
completion date; or change the price due to the scope of work change; a Change
Order form must be completed. The PM, Contractor’s Representative and
Purchasing representative will negotiate, approve and sign the Change Order
form prior to initiation of the additional work.
i. After completion, the PM and the Contractor’s Representative review the project
area to verify work is complete and satisfactory. The PM and the Contractor’s
Representative mutually edit and update the construction maps and other project
information as necessary to reflect as-built conditions.
j. Upon mutual agreement between the PM and the Contractor’s Representative
that work is complete and satisfactory, the Contractor prepares and submits an
invoice to invoices@fcgov.com with a copy to the PM for the amount agreed to
on the Work Order. The City then initiates processing the payment request. If the
project is longer than thirty (30) days, the Contractor may request monthly
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payments for work satisfactorily completed and verified by the PM by submitting
an invoice.
B. Waste
All waste will be disposed of according to all local, state and federal regulations.
Contractors are to provide a description of how they propose to dispose of the
construction waste. Waste disposal cost shall be included in the per unit pricing.
C. Traffic Control
Awarded Contractor(s) may be required to provide traffic control for projects.
Contractor(s) will itemize traffic control on each scope of work based on the pricing
established by the Agreement.
Contractor(s) shall provide all equipment necessary to protect the safety and well-being
of employees, motorists and all others who come in contact with construction areas.
Such precautions include, but are not limited to, crash cushions, flashing arrow boards,
lighted barricades, steel plates, and concrete barriers.
Existing public streets or highways shall be kept open to traffic at all times by
Contractor(s) unless permission to close these streets, or portions thereof, is granted by
the City of Fort Collins, Larimer County and/or CDOT. In addition, the City of Fort
Collins Traffic Department must be contacted by the Contractor per permit requirements
if any streets are closed or partially closed, unless approved by the City of Fort Collins
Traffic Department to implement emergency repairs. The City of Fort Collins’s PM may
request that the Contractor(s) make additional notifications to property owners.
Traffic control devices shall be installed at the inception of construction operations, and
shall be properly maintained, relocated as necessary, cleaned, and operated during the
time they are in use. They shall remain in place only as long as they are needed and
shall be immediately removed thereafter. Where operations are performed in stages,
only those devices that apply to the conditions present shall be left in place.
During periods when not warranted, warning signs and other devices shall be removed
from the work area, covered with specified material, or otherwise positioned so that they
do not convey their message to the traveling public. Covering material shall be
maintained in a neat manner during its use.
Contractor(s) shall continuously review and maintain all traffic control measures to
assure that adequate provisions have been made for the safety of the public and
workers.
D. Project Contact
Contractor(s) will be expected to provide a primary and a back-up contact person for all
Work Orders. Both the primary and back-up contact will be involved in the following:
agreement on the work to be performed, work schedules, prepare quotes, construction
details, making contact with customers, settling disputes, site inspections, work
acceptance, change orders, and other issues.
E. Property Owners/Customers
The City has a responsibility to coordinate all of these construction activities with the
property owners and customers and expects to work with the Contractor(s) in this
capacity, with the Contractor(s) taking the lead with the property owners/customers.
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The Contractor(s) will be expected to notify affected property owners and tenants at
least 24 hours in advance of starting work at a given property. Various methods may
be used at the discretion of the Project Manager including door hangers, telephone
contact, and on-site meetings with customers.
The Contractor(s) may have to reschedule work based on requests from a property
owner or tenant, deal with complaints, and perform follow-up work to the satisfaction of
the City and its customers.
Because the Contractor(s) will be working on customer properties and around
customer’ homes, they must maintain the cleanliness of the job site to the greatest
extent possible. All trash and construction debris must be removed daily and the area
restored to as near original condition as quickly as possible.
Citizen’s property damaged during the course of the Work Order will be the
responsibility of the Contractor(s) to repair.
F. Liquidated Damages: The date to begin and complete actual construction will be
mutually agreed to, and defined, in each individual Work Order. The City may impose
liquidated damages of $500.00 per day for each day following the date of completion for
each Work order if the Work is not completed. If liquidated damages are necessary, the
PM and Contractor will negotiate and agree to the amount which is then documented in
the Work Order for that specific project.
G. Standard of Conduct
The successful firm shall be responsible for maintaining satisfactory standards of
employees' competency, conduct, courtesy, appearance, honesty, and integrity, and
shall be responsible for taking such disciplinary action with respect to any employee, as
may be necessary.
The City may request the successful Contractor to immediately remove from this
assignment any employee the City identifies to be unfit to perform duties due to one or
more of the following reasons:
1. Neglect of duty.
2. Disorderly conduct, use of abusive or offensive language, quarreling, intimidation by
words or actions or fighting.
3. Theft, vandalism, immoral conduct or any other criminal action.
4. Selling, consuming, possessing, or being under the influence of intoxicants,
including alcohol, or illegal substances while on assignment for the City.
All City owned or operated facilities and their grounds are non-smoking sites. All City
parks, trails and natural areas are also non-smoking.
Agents and employees of Contractor(s) working for the City shall present a clean and
neat appearance. Prior to performing any work for the City, Contractor(s) shall require
each of their employees to wear ID badges or uniforms identifying: Contractor by name,
the first name of their employee and a photograph of their employee if using an ID
badge. Their employee shall wear or attach the ID badge to the outer garments at all
times.
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H. Use of Subcontractors
Contractors will be responsible for identifying any subcontractors in their proposal.
Please note that the City will contract solely with the awarded Contractor; therefor
subcontractors will be the responsibility of the Contractor. If subcontractors are used in
individual work orders, Contractors shall document the subcontractors in each work
order quote.
I. Work Standards
The awarded Contractor(s) shall comply with the National Electrical Code (NEC), the
National Electric Safety Code (NESC), and applicable industry standards, the most
recent revision of the Americans with Disabilities Act of 1990 (“ADA”) Standards for
Accessible Design, separate from and in addition to compliance with applicable building
codes, as well as any and all other applicable Federal, State and local laws and
regulations, including Federal Occupational Safety and Health Administration (OSHA)
regulations.
Contractor(s) are retained by the City of Fort Collins based on Contractor’s expertise
and experience in the type of work that is the subject of this Contract. Contractor(s)
represent and warrant that Contractor is familiar with the aforementioned Codes.
Construction methods and techniques used by the Contractor(s) shall be in accordance
with the recommended practices and procedures published by leading industry
manufacturers and trade associations.
The Contractor(s) shall also follow all applicable City of Fort Collins and State of
Colorado Department of Transportation Standard Specifications and Construction
Details, as applicable. The Contractor(s) shall be aware of all standards and their
application. Ignorance or lack of knowledge shall not be an excuse for improper work to
occur. Any work constructed in violation of any applicable code shall be corrected and
re-installed properly at the Contractor’s expense.
J. Accident Reporting
Any accident resulting in damage to property or causing personal injury within the limits
of a work site shall be immediately reported to the appropriate police agency, other
required agencies, Project Manager and the City of Fort Collins Risk Management
Department.
The Contractor shall immediately contact the Utility Operator/Owner and the City of Fort
Collins when damage to an underground facility is identified. If a natural or propane gas
line is damaged, the Contractor must call 911 prior to notifying the Utility Operator. The
Contractor shall not backfill around the underground utility line until the Utility Operator
has repaired the damage and has given clearance to backfill. The City of Fort Collins
will not pay the Contractor for labor, vehicles, material, or equipment or any other cost
associated with the repair to any at-fault damage. Failure to comply may result in a
verbal warning, suspension of the crew, loss of work, and/or termination of the
Agreement.
K. Safety Practices, Safety Documentation and Training
Contractor(s) shall comply with all engineering, safety, and operating requirements
concerning: installation of equipment in, on or around utility facilities; obtaining access
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facilities; and adhering to operating rules and requirements involving safe contact with
utility equipment and water, gas and power lines, and confined spaces. Contractor(s)
shall adopt Utility's minimum safety standards as the baseline requirements.
L. Unsatisfactory Operations
Should it be necessary to halt the work because of incorrect or unsatisfactory
operations under the terms of the awarded contract or because of failure to follow
safety standards applicable hereto, the Contractor must take immediate steps to
remedy the deficiencies. Should repair or correction of any safety defect or deficiency
not be immediately undertaken and should the City of Fort Collins be required to protect
the site or make the repair or correction, the cost of such work shall be deducted from
payment due the Contractor.
M. Fees, Licenses, Permits
The successful Contractor(s) shall be responsible for obtaining any necessary licenses,
fees or permits without additional expense to the City. All equipment shall be properly
licensed and insured, carry the appropriate permits and be placarded as required by
law.
N. Pricing Specifications
Pricing shall remain valid during the term of the Agreement for the same services and
materials required for the expansion or modification of the particular project scope or
design. Proposed pricing for each unit shall reflect the entirety of cost due to the
Contractor for the scope of work defined by this document, inclusive of materials,
shipping, labor, benefits, profit, overhead, permitting, and any other direct and/or
indirect costs. Pricing shall include all mobilization, site preparation, work area
protection, site restoration, and traffic control necessary to perform the task safely and
according to all applicable specifications referenced in this document.
Unless otherwise specified, the basis of pricing and payment for lineal foot-based units
shall be network route distance, not material length (conduit, innerduct, etc.). The City
of Fort Collins shall not be invoiced for costs associated with scrap or waste materials.
Contractors are to review the project specifications carefully to determine if any
miscellaneous materials not specified will be necessary to perform the defined project
scope, and to include all necessary materials in the proposal.
On most projects, the City of Fort Collins provides materials to the Contractor for
installation. If Contractor is to store and issue material from their facility, the material
shall be new and unused when it is installed at the project site and shall be per the City
specification. All pricing shall be “open book” and at the City’s request the Contractor
shall provide cost or pricing data including but not limited to subcontractor quotes,
material quotes, invoices, labor, equipment usage, etc.
During the construction phase of any projects over $100,000, the City will retain 5% of
the contract cost and will require performance and payment bonds.
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O. Work Orders
In the event that the City has agreements with multiple Contractors for the work, the
City reserves the right to choose which Contractor to contact regarding the projects,
unless order of preference has been established during the contracting process.
Individual work assignments will be requested and agreed to utilizing the City’s
standard Work Order (included in the Agreement). Each Work Order form must include
a start and completion date, total cost and a general summary of work. Subsequent
supporting documentation pages may include a project schedule, deliverables, hours,
cost detail supporting total cost, and personnel details. Fees outlined in the Work Order
will conform with those incorporated into the Agreement.
No Work Order over $5,000 will be considered valid until signed, at a minimum, by the
Contractor’s Authorized Representative, City Project Manager and Purchasing
Department representative. Depending on the cost and nature of the work, additional
signature authorization may be required. Any changes to the dates, cost or scope of
any Work Order must be agreed upon in writing utilizing the City’s Change Order
(included in the agreement) and will not be considered valid until signed, at a minimum,
by the Contractor, Project Manager and Purchasing Department representative. A
purchase order confirmation will also be sent to the Service Provider.
P. Invoicing and Payment
Invoices should be emailed at the completion of each Work Order or monthly to
invoices@fcgov.com. The cost of the work completed shall be paid to the Contractor
following the submittal of a correct invoice by the Contractor indicating the project
name, task description, hours worked, personnel/work type category, hourly rate for
each employee/work type category, date of the work performed specific to the task,
percentage of that work that has been completed by task, 3rd party supporting
documentation with the same detail and a brief progress report. It is strongly suggested
that invoices are submitted every thirty (30) days.
Payments will be made using the prices stated on the agreed-to Price Schedule
incorporated into the Agreement. In the event a service is requested which is not stated
on the Price Schedule, the Contractor and the City will negotiate an appropriate unit
price for the service prior to Contractor initiating such work.
The City pays invoices on Net 30 terms.
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II. EXHIBIT A
SPECIFICATIONS
Item Number: 6535 1075
Description: Conduit, 2", SDR-15.5, Flexible red HDPE. Conduit shall be clearly marked at
intervals of 5 feet or less with sequential footage, Manufacturer’s name or trademark, size
and type of conduit, SDR and shall also include a lightning bolt symbol as defined in ANSI
Z535.3, ANNEX C. Ship in 500' coils.
Approved Manufacturers: Duraline, per description; Performance Pipe, per description.
Item Number: 6541 1116
Description: Conduit, 4" X 20’ Overall length, schedule 40 PVC with water-tight locking ring
joints for directional boring applications.
Approved Manufacturers: Certainteed, 667237; Prime Conduit, BG440SP-020
Item Number: 6543 1150
Description: Conduit, 5” X 20’ overall length, Schedule 40 PVC with water-tight locking ring
joints for directional boring applications.
Approved Manufacturers: Certainteed, 667275; Prime Conduit, BG540SP
Drilling Fluid (Drilling Mud):
Of primary concern for directional drilling installations is the dissipation of heat (also known
as the thermal conductivity), and the effect on cable current-carrying capacity (ampacity
rating) resulting from the thermal properties and possible void formation in the drilling fluids
used.
Drilling fluids used for directional drilling shall be bentonite-based fluids and shall be
adequately compacted and applied to minimize voids around the installed conduits. For
smaller jobs where the drilling fluid is not recycled and is used as the backfill around electric
conduits, it shall have a thermal resistivity between 62 oC·cm/W (for fully saturated mixes)
and 90 oC·cm/W (for unsaturated state at the time of deposition). For larger jobs where the
drilling fluid is recycled, the space immediately surrounding the conduits (with or without a
bore casing) shall be filled with a fluidized thermal backfill or slurry with similar thermal
resistivity values to those previously mentioned for the drilling fluid to assure efficient heat
transfer from the cables installed in the conduits.
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EXHIBIT E
BID SCHEDULE/ COMPENSATION
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EXHIBIT F
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 reduce coverage or limits and
will not be cancelled, except after thirty (30) days written notice has been received
by the City of Fort Collins.”
In case of the breach of any provision of the Insurance Requirements, the City, at its
option, may take out and maintain, at the expense of the 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.
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EXHIBIT G
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.
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EXHIBIT H
SECTION 00700
GENERAL CONDITIONS OF THE CONTRUCTION CONTRACT
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$ -
$ -
$ -
$ -
$ -
Total to Date Less Retention
Change Orders to Date (see attached)
$ -
$ -
CONTRACT SUMMARY
Total Due
Adjusted Contract Amount
$ -
Total Change Order Work to Date (see attached)
Value of Work in Place
Percent Complete Including Stored Materials
Less Retention @ 10% up to 50% complete, 5% beyond 50% of Adjusted Contract
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Payment of the above Amount Due This Application is approved by the OWNER.
The undersigned CONTRACTOR certifies that all obligations of CONTRACTOR incurred in connection with the WORK have been satisfied as required in paragraph 14.3 of the General Conditions
of the Contract.
CERTIFICATION
BU
SCOPE OF WORK CHANGE ORDERS
RECONCILIATION CHANGE ORDERS
INVOICE NUMBER
Total Change Order Work to Date:
$ -
$ -
Retainage Previous:
Change in Retainage:
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