HomeMy WebLinkAboutRFP - 9080 UTILITY INFRASTRUCTURE SYSTEM IMPROVEMENTS AND REHABILITATION ON-CALL9080 Utility Infrastructure System Improvements and Rehabilitation On-Call Page 1 of 121
REQUEST FOR PROPOSAL
9080 UTILITY INFRASTRUCTURE SYSTEM IMPROVEMENTS AND
REHABILITATION ON-CALL
RFP DUE: 3:00 PM MST (OUR CLOCK), MAY 29, 2020
The City of Fort Collins is requesting proposals from qualified contractors to provide on-call
construction services for underground water distribution systems, wastewater collection
systems, stormwater management systems, and emergency system repairs, of all these and
other associated Utility facilities.
As part of the City’s commitment to Sustainable Purchasing, proposals should be submitted
online through the Rocky Mountain E-Purchasing System (RMEPS) at
http://www.bidnetdirect.com/colorado/city-of-fort-collins. Note: please ensure adequate time to
submit proposals through RMEPS. Proposals not submitted by the designated Opening Date
and Time will not be accepted by the system.
All questions should be submitted, in writing via email, to Pat Johnson, Buyer at
pjonhson@fcgov.com, no later than 4:00 PM MST (our clock) on May 12, 2020. Please
format your e-mail to include: RFP 9080 Utility Infrastructure System Improvements and
Rehabilitation On-Call in the subject line. Questions received after this deadline may not be
answered. Responses to all questions submitted before the deadline will be addressed in an
addendum and posted on the Rocky Mountain E-Purchasing System webpage.
Rocky Mountain E-Purchasing System hosted by BidNet
A copy of the RFP may be obtained at http://www.bidnetdirect.com/colorado/city-of-fort-collins.
This RFP has been posted utilizing the following Commodity Code(s):
91223 Construction Services
91224 Excavation Services
91339 Construction, Pipe Culvert
91345 Construction, Sewer and Storm Drain
Prohibition of Unlawful Discrimination: The City of Fort Collins, in accordance with the
provisions of Title VI of the Civil Rights Act of 1964 (78 Stat. 252, 42 US.C. §§ 2000d to 2000d-
4) and the Regulations, hereby notifies all bidders that it will affirmatively ensure that any
contract entered into pursuant to this advertisement, disadvantaged business enterprises will be
afforded full and fair opportunity to submit bids in response to this invitation and will not be
discriminated against on the grounds of race, color, or national origin in consideration for an
award.
The City strictly prohibits unlawful discrimination based on an individual’s gender (regardless of
gender identity or gender expression), race, color, religion, creed, national origin, ancestry, age
40 years or older, marital status, disability, sexual orientation, genetic information, or other
characteristics protected by law. For the purpose of this policy “sexual orientation” means a
person’s actual or perceived orientation toward heterosexuality, homosexuality, and bisexuality.
The City also strictly prohibits unlawful harassment in the workplace, including sexual
harassment. Further, the City strictly prohibits unlawful retaliation against a person who
engages in protected activity. Protected activity includes an employee complaining that he or
Financial Services
Purchasing Division
215 N. Mason St. 2nd Floor
PO Box 580
Fort Collins, CO 80522
970.221.6775
970.221.6707
fcgov.com/purchasing
9080 Utility Infrastructure System Improvements and Rehabilitation On-Call Page 2 of 121
she has been discriminated against in violation of the above policy or participating in an
employment discrimination proceeding.
The City requires its vendors to comply with the City’s policy for equal employment opportunity
and to prohibit unlawful discrimination, harassment and retaliation. This requirement applies to
all third-party vendors and their subcontractors at every tier.
Public Viewing Copy: The City is a governmental entity subject to the Colorado Open Records
Act, C.R.S. §§ 24-72-200.1 et seq. (“CORA”). Any proposals submitted hereunder are subject
to public disclosure by the City pursuant to CORA and City ordinances. Vendors may submit
one (1) additional complete proposal clearly marked “FOR PUBLIC VIEWING.” In this version
of the proposal, the Vendor may redact text and/or data that it deems confidential or proprietary
pursuant to CORA. Such statement does not necessarily exempt such documentation from
public disclosure if required by CORA, by order of a court of appropriate jurisdiction, or other
applicable law. Generally, under CORA trade secrets, confidential commercial and financial
data information is not required to be disclosed by the City. Proposals may not be marked
“Confidential” or ‘Proprietary’ in their entirety. All provisions of any contract resulting from
this request for proposal will be public information.
New Vendors: The City requires new Vendors receiving awards from the City to fill out and
submit an IRS form W-9 and to register for Direct Deposit (Electronic) payment. If needed, the
W-9 form and the Vendor Direct Deposit Authorization Form can be found on the City’s
Purchasing website at www.fcgov.com/purchasing under Vendor Reference Documents. Please
do not submit with your proposal.
Sales Prohibited/Conflict of Interest: No officer, employee, or member of City Council, shall
have a financial interest in the sale to the City of any real or personal property, equipment,
material, supplies or services where such officer or employee exercises directly or indirectly any
decision-making authority concerning such sale or any supervisory authority over the services to
be rendered. This rule also applies to subcontracts with the City. Soliciting or accepting any gift,
gratuity favor, entertainment, kickback or any items of monetary value from any person who has
or is seeking to do business with the City of Fort Collins is prohibited.
Collusive or Sham Proposals: Any proposal deemed to be collusive or a sham proposal will
be rejected and reported to authorities as such. Your authorized signature of this proposal
assures that such proposal is genuine and is not a collusive or sham proposal.
The City of Fort Collins reserves the right to reject any and all proposals and to waive any
irregularities or informalities.
Utilization of Award by Other Agencies: The City of Fort Collins reserves the right to allow
other state and local governmental agencies, political subdivisions, and/or school districts to
utilize the resulting award under all terms and conditions specified and upon agreement by all
parties. Usage by any other entity shall not have a negative impact on the City of Fort Collins in
the current term or in any future terms.
The selected Vendor shall be expected to sign the City’s standard Agreement prior to
commencing Services (see sample attached to this Proposal).
Sincerely,
Gerry Paul
Purchasing Director
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I. RFP OBJECTIVE
A. Objective
The City of Fort Collins (City) is requesting proposals from qualified contractors to
provide on-call construction services for Water Utilities Engineering and Field
Operations.
It is anticipated that the primary use of these construction services will be in the areas of
underground system improvements and rehabilitation for water distribution, wastewater
collection and stormwater management. Additional services may include site restoration,
concrete flatwork, pavement restoration, minor capital improvements, emergency repair
services, use of trenchless technology and other general construction services related to
Water Utility operations.
II. SCOPE OF PROPOSAL
A. Scope of Work
The following is a list of the types of services and projects to be performed which may
encompass replacement, rehabilitation, repair, improvement, and new construction.
While it identifies several services that are anticipated to be required, it may not be all
inclusive of the types of services to be performed.
1. Construction of new or rehabilitation of existing underground water distribution
system pipelines up to 20 inches in diameter;
2. Repair or replacement of water distribution, wastewater and stormwater
appurtenances such as but not limited to manholes, valves, water meters, air vacs,
fire hydrants, cathodic protection, etc.;
3. Construction of new or rehabilitation of existing underground wastewater collection
system pipelines and service connections;
4. Construction of new or rehabilitation of existing stormwater management systems
including pipelines, curb inlets, open channels, and storage facilities;
5. General site work including clearing and grubbing, excavation of backfill, earth
moving, compaction, and soil disposal;
6. Pavement restoration including asphalt and concrete paving and patching, curb and
gutter removal and replacement, and general flatwork replacement;
7. Stream dredging, cleaning, and restoration services;
8. Installation of cathodic protection systems on new and existing underground
pipelines;
9. Emergency repair on-call services for water distribution pipelines, wastewater
collection pipelines and stormwater management facilities, in and out of the right-of-
way.
Construction services may include the following:
1. Construction schedule preparation;
2. Construction cost estimation;
3. Site supervision;
4. Applicable construction permits;
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5. Stormwater management/management plan;
6. Site protection and security;
7. Traffic control;
8. Bypass pumping;
9. Groundwater management pumping;
10. Pavement demolition;
11. Concrete patching and paving;
12. Concrete flatwork;
13. Asphalt patching and paving;
14. Earthwork, clearing and grubbing, earth moving, backfill, compaction, disposal
15. Riprap installation;
16. Pipeline installation for water distribution, wastewater and stormwater collection;
17. Manhole and vault installations;
18. Use of trenchless technologies;
19. Warranty and management of project safety and quality control;
20. Other related services as mutually agreed by the parties.
The City intends to award a contract to two or more contractors to provide the services
outlined in this RFP and such other related services as required. The resulting
Agreement(s) will have an initial term of one (1) year and may be extended at the City’s
option for additional one year periods not to exceed four (4) additional one year periods,
subject to mutual agreement by both parties. At the City’s discretion, it may choose not
to incorporate one or more portions of the general scope of services described in this
RFPs into any contract(s) executed pursuant to this RFP.
Work will be on an as-needed basis with the Scope of Work to be defined, Work Orders
negotiated, and Purchase Orders issued prior to commencement of any work. The
cumulative total of each project associated with this RFP shall not exceed $300,000.
Any project exceeding a cumulative total of $300,000 requires prior written approval by
the Purchasing Director and only after such exception has been determined to be in the
City’s best interest.
Subcontractor information will be requested at the time a Work Order is scoped and
should not be included in response to this RFP.
B. Work Order Agreement (Master Agreement)
The awarded Contractor(s) will be expected to sign the City’s standard Services
Agreement Work Order Type Construction Agreement (Master Agreement), a sample of
which is attached. 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
each project, unless order of preference has been established during the contracting
process.
The Price Schedule shall include hourly rates of all employees and owned equipment.
Current rental equipment pricing is to be included as part of the RFP response Price
Schedule and shall be as thorough as possible. All pricing is to be open book, cost plus
and will be included in the Master Agreement.
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C. Work Order Procedure
The Project Manager will initiate the Work Order quote by providing the Contractor all
pertinent information required to accurately estimate the project. A site visit, drawings
and other additional information may be provided to the Contractor to assist in the quote
process. For some projects the on-call Contractor may work with the Consultant and
project team during design.
The Contractor shall provide all personnel, subcontractors, materials, equipment and
supplies necessary to complete the services. Work Order schedule of values pricing
shall be based on the Price Schedule incorporated into the Master Agreement. In the
event a service is requested which requires specialty labor or equipment which is not
listed on the Master Agreement Price Schedule, the Contractor and the City will
negotiate an appropriate price for the service prior to Contractor initiating such work.
Each Work Order form must include a start and completion date, schedule of values,
total cost and a general summary of work. Subsequent supporting documentation pages
could include the Contractor’s quote, project schedule, cost details supporting total
project cost including hourly labor rates, equipment rates, material quotes as required
and subcontractor quotes as required.
Estimated rental equipment costs and hours should be included in Work Orders as
necessary. Invoices will be itemized based on the actual equipment used.
Subcontractors, if needed, will be asked to provide quotes for work. Quotes will be
reviewed by the Project team and are based on best value to the City. All pricing is to be
open book, cost plus. See the following section for more detail.
No work order over $5,000 will be considered valid until signed, at a minimum, by the
Contractor, Project Manager and Purchasing Department representative and a purchase
order is issued. 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 sample agreement attached)
and will not be considered valid until signed, at a minimum, by the Contractor, Project
Manager and Purchasing Department representative.
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.
D. Quotes for Subcontractor Work and Materials above $60,000
When the amount spent with any one subcontractor or materials supplier exceeds sixty-
thousand dollars ($60,000), the Contractor will be required to provide at least three
competitive quotes. Also, at least two independent quotes are required when the
Contractor proposes using self-supplied materials. The competitive selection process will
be conducted by the Contractor with input from the Project Manager.
The Project Manager will complete a comprehensive review of the schedule of values
and all quotes received.
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E. Anticipated Schedule
The following represents the City’s target schedule for the RFP. The City reserves the
right to amend the target schedule at any time.
• RFP issuance: April 23, 2020
• Question deadline: 5:00 PM MST on May 12, 2020
• Final Addendum Issued: May 14, 2020
• Proposal due date: 3:00 MST (our clock) on May 29, 2020
• Interviews (tentative): Week of June 15, 2020
F. Interviews
In addition to submitting a written proposal, the top-rated Contractors may be
interviewed by the RFP assessment team in order to discuss the company, the approach
to the project, additional questions and additional information as required. The
evaluation criteria for the oral interviews will be the same as the criteria for the written
evaluations.
G. Subcontractors
Contractors will be responsible for identifying any subcontractors needed for each Work
Order, at the time a project is being scoped. Please note that the City will contract solely
with the awarded Contractor; therefore subcontractors will be the responsibility of the
Contractor.
H. Current standards
All work and/or materials must meet current standards in force by recognized technical
and professional societies, trade and materials supply associations, institutes and
organizations, bureaus and testing laboratories, and national, federal, state, county, and
local laws, codes and ordinances. All work shall be performed in accordance with
applicable ANSI, OSHA or AWWA Standards.
The City’s Development Construction Standards shall be followed for all projects. The
standards can be accessed at
https://www.fcgov.com/utilities/img/site_specific/uploads/water_wastewater_construction
_standards.pdf?1551818062.
I. Fees, Licenses, Permits
The successful Contractor 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.
J. Laws and Regulations
The Contractor agrees to comply fully with all applicable local, State of Colorado and
Federal laws and regulations and municipal ordinances.
K. Invoicing and Payment
Invoices (Application for Payment) should be emailed monthly to invoices@fcgov.com
with a copy to the Project Manager. The cost of the work completed shall be paid as
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progress payments to the Contractor each month following the submittal of a correct
Application for Payment by the Contractor indicating the project name, Purchase Order
number, Work description, amount of the Work completed per the Work Order Schedule
of Values, percentage of that work that has been completed , 3rd party supporting
documentation with the same detail and a brief progress report.
The City pays invoices on Net 30 terms.
L. Proposal Acknowledgment
A proposal acknowledgment form is attached as Section VII. Complete the attached
form indicating the Contractor hereby acknowledges receipt of the City of Fort Collins
Utilities’ Request for Proposal and acknowledges that the Contractor has read and
agrees to be fully bound by all of the terms, conditions and other provisions set forth in
the RFP.
III. PROPOSAL SUBMITTAL
Proposals shall be limited to twenty-five (25) double sided or fifty (50) single sided pages
and with a minimum of 10-point font for all text. A maximum of ten (10) 11x17 sheets are
allowed and will each count as a single page. Cover page, table of contents, tabs (if used),
cost backup information, Acknowledgement and resumes will not be counted toward this
page limit. The proposal shall follow the format presented below.
For this section, Contractors are required to provide detailed written responses to the following
items in the order outlined below. The responses shall be considered technical offers of what
Contractors propose to provide and shall be incorporated in the contract award as deemed
appropriate by the City. A proposal that does not include all the information required may be
deemed non-responsive and subject to rejection.
Responses must include all the items in the order listed below. It is suggested that the
Contractors include each of the City’s questions with their response immediately following the
question.
The City of Fort Collins shall not reimburse any firm for costs incurred in the preparation and
presentation of their proposal.
A. Cover Letter / Executive Summary
The Executive Summary should highlight the content of the proposal and features of the
program offered, including a general description of the program and any unique aspects
or benefits provided by your firm.
Indicate your availability to participate in the interviews/demonstrations on the proposed
dates as stated in the Schedule section.
B. Contractor Information
1. Describe the Contractor’s business and background
2. Number of years in the business
3. Details about ownership
4. An overview of services offered and qualifications
5. Size of the firm
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6. Location(s) of offices. If multiple, please identify which will be the primary for our
account.
7. Primary contact information for the company including contact name(s) and title(s),
mailing address(s), phone number(s), and email address(s). Complete Section V,
Vendor Statement.
C. Scope of Proposal
1. Provide a detailed narrative of the services proposed if awarded the contract per the
scope above. The narrative should include any options that may be beneficial for the
City to consider.
2. Describe how the project would be managed and who would have primary
responsibility for its timely and professional completion.
3. Describe the methods and timeline of communication your firm will use with the
City’s Project Manager and other parties.
4. Include a list of equipment available for use on City projects.
5. Describe the scheduling software your firm typically uses for sequencing tasks and
scheduling, materials and equipment.
6. Describe the way in which your firm develops and maintains project schedules for
projects.
7. Describe your process and frequency for updating project schedules and how your
firm works to overcome challenges and works to maintain the original completion
date.
8. Provide details on your firm’s commitment to quality and attention to detail. Explain
the processes your team will use to assure delivery of a high quality finished product.
9. Identify what types of work and services, if any, may be subcontracted.
10. Describe your approach to transparency (open book) pricing and philosophy on
disclosing to the team your actual cost, markup and profit.
D. Firm Capability & Assigned Personnel
Provide relevant information regarding previous experience related to this or similar
projects, to include the following:
1. Provide an Organization Chart/Proposed Project Team: An organization chart
containing the names of all key personnel with titles and their specific task
assignment for this Agreement shall be provided in this section.
2. A list of qualifications for your firm and qualifications and experience of the specific
staff members proposed to perform the construction services described above.
3. Describe a minimum of three similar projects with public agencies in the last 5 years
that have involved the staff proposed to work on this project. Include the owner’s
name, title of project, beginning price, ending price, contact name, email and phone
number, subcontractors on the team and a brief description of the work and any
change orders.
4. References (current contact name, current telephone number and email address)
from at least three similar projects with similar requirements that have been
completed within the past five (5) years and that have involved the staff proposed to
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work on this project. Provide a description of the work performed. The Contractor
authorizes City to verify any and all information contained in the Contractor’s
submittal from references contained herein and hereby releases all those concerned
providing information as a reference from any liability in connection with any
information they give. When providing references, limit using the City as a reference
to one (1) project/reference. Two references shall be from other entities.
5. Include a brief discussion of any unusual factor encountered in the above referenced
projects.
6. List of Project Personnel: This list should include the identification of the contact
person with primary responsibility for this Agreement, the personnel proposed for this
Agreement, and any supervisory personnel and their individual areas of
responsibility. Resumes for primary personnel shall be limited to one (1) page each.
7. Describe the availability of project personnel to participate in this project in the
context of the Contractor’s other commitments.
E. Safety
1. Provide your firm’s OSHA reportable accident rate and current workman’s
compensation Experience Modification Rate (EMR) for the last 3 years.
2. Address your company’s safety program and any additional information that would
be useful in demonstrating your approach to a safe work site.
3. Identify how the firm will ensure safety to include subcontractor compliance
throughout the project.
4. Provide a list of all projects in the last 3 years that have received an OSHA citation
on the jobsite and provide a narrative of the citations. Limit your response to projects
that have occurred in the Rocky Mountain region.
F. Sustainability/TBL Methodology
1. In concise terms (no more than two pages), please describe how your organization
strives to be sustainable. Address how your firm incorporates Triple Bottom Line
(TBL) into the workplace. See Section IV: Review and Assessment for additional
information.
2. Demonstrate how your firm incorporates sustainable construction practices into
projects to reduce your impact on the environment, including your ability to recycle
materials generated from construction activities.
3. Provide examples from previous projects utilizing pollution prevention techniques
and highlight areas of opportunity where sustainability could be applied and/or
improved.
G. Project Proposal for – Maple and Pearl Streets Wastewater Main Replacement
The project includes the excavation and removal of all existing 6-inch and 8-inch vitrified
clay sewer pipe in Maple Street between MH-10026055 on the western end to MH-
10028768 on eastern end and the replacement of all removed pipe with new 8-inch PVC
pipe. The project also includes the excavation and removal of all existing 6-inch vitrified
clay sewer pipe in Pearl Street between MH-10026054 on the north end in Pearl Street to
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MH-10033670 on south end in Maple Street and the replacement of all removed pipe with
new 8-inch PVC pipe. The project includes the removal and replacement of 5 manholes
and the connection of all existing sanitary services to the new 8-inch PVC sanitary sewer,
and asphalt pavement restoration in accordance with the limits shown of the design
drawings. The Engineer’s Schedule of Values, for use in estimating the total project cost
is included in the package. The drawings and the Engineer’s Schedule of Values will be
posted separately on Rocky Mountain E-Procurement. The proposed project is planned
to be completed in the summer of 2020. Final schedule to be negotiated with the selected
Contractor.
The Maple and Pearl project is a sample project for this RFP only and the engineers
estimate exceeds $300,000. The proposal for the Maple and Pearl project will become the
basis for one of the first Work Orders under the Master Agreement awarded from this RFP.
The costs supplied in response to the RFP will be used to assist in selecting the Contractor
for this project. The City reserves the right to modify the final scope of work prior to award
of the Work Order. After contract award, City and Contractor will negotiate the first Work
Order.
All projects awarded using the Master Agreement awarded from this RFP, after this Maple
and Pearl project, will be capped at $300,000. Future projects expected to cost more than
$300,000 maybe solicited as individual RFPs or bids.
For this project, please include the following in your response:
1. Cost: Provide the itemized and total project cost based on the Engineer’s Schedule
of Values form for the work necessary to complete the project. Pricing is to be open
book and cost plus. The Schedule of Values will be posted as an Excel spreadsheet
on Rocky Mountain E-Procurement System. Please return this document as an Excel
spreadsheet.
2. Show how the markups, labor and burden are calculated for this project.
3. Provide how small tools and supplies costs are covered. What are the costs for
Maple & Pearl?
4. Highlight areas of opportunity in the project where sustainability could be applied
and/or improved.
5. Provide a schedule of the work.
6. If your firm intends to use subcontractors on this project, please include detailed
subcontractor pricing, the portion of the work they will be completing, subcontractor
rates sheets, and the Contractor markup on subcontractors and materials (if
required)
H. Cost and Work Hours
In your response to this proposal, please provide the following:
1. Price Schedule shall include hourly rates of employees from your firm and owned
equipment.
2. How many hours per week do employees work?
3. How is overtime calculated? Do you bill for straight hours and separately for
overtime hours?
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4. Establish in detail the factors which will be used in determining the final prices of
work on cost plus markup basis. These factors shall be comprehensive in
establishing all costs to be applied to direct project labor, subcontractors,
equipment and materials in determining the construction cost. Commitments
shall include the following, if applicable:
a. Overhead and profit (combined) margin for general office activities on the
base bid cost.
b. Overhead and profit (combined) margin for field office activities on the base
bid cost if applicable.
c. Markup on subcontractor work by the Contractor. Include markup by
subcontractors for sub-tier contractors if applicable
d. Materials and equipment markup.
e. Any additional factors applied to project labor or materials to determine the
final contract price.
f. Change order markup (increases and deducts), including supervision
allowance, labor and material markups, and overhead and profit percentages,
as a percent of labor and materials cost for any changes in the work following
contract award.
g. What are the costs of providing bonds and insurance for the project?
h. Current General Conditions costs during construction, covering technology
(phones, internet, radios, copiers etc.) items, jobsite office, storage and tool
trailers, office supplies, first aid & safety supplies, toilets, drinking water,
dumpsters, signage, personnel vehicles, site cleanup, dust control,
mobilization/demobilization, etc.
i. Provide recommendations regarding an annual escalation percentage or
indices to use as justification for future rate increases
I. Additional Information
Provide any information that distinguishes Contractor from its competition and any
additional information applicable to this RFP that might be valuable in assessing
Contractor’s proposal.
Explain any concerns Contractor may have in maintaining objectivity in recommending the
best solution. All potential conflicts of interest must be disclosed.
Exceptions to the Scope of Services and City Agreement (a sample of which is
attached in Section VI) shall be documented.
IV. REVIEW AND ASSESSMENT CRITERIA
A. Proposal and Interview Criteria
Contractors will be evaluated on the following criteria. These criteria will be the basis for
review and assessment of the written proposals and optional interview session. At the
discretion of the City, interviews of the top-rated Contractors may be conducted.
The rating scale shall be from 1 to 5, with 1 being a poor rating, 3 being an average rating,
and 5 being an outstanding rating.
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WEIGHTING
FACTOR
QUALIFICATION STANDARD
2.0 Scope of Proposal
Does the proposal address all elements of the
RFP? Does the proposal show an
understanding of the project objectives,
methodology to be used and results/outcomes
required by the project? Are there any
exceptions to the specifications, Scope of Work,
or agreement? Can the work be completed in
the necessary time? Can the target start and
completion dates be met? Are other qualified
personnel available to assist in meeting the
project schedule if required? Is the project team
available to attend meetings as required by the
Scope of Work?
3.0
Firm Capability &
Assigned Personnel
Does the firm have the resources, financial
strength, capacity and support capabilities
required to successfully complete the project on-
time and in-budget? Has the firm successfully
completed previous projects of this type and
scope? Do the persons who will be working on
the project have the necessary skills and
qualifications? Are sufficient people of the
requisite skills and qualifications assigned to the
project?
1.0 Safety
Has the contractor demonstrated a commitment
towards safety? What steps do you take to
ensure safety programs and policies are
complied with, including sub-contractors?
1.0
Sustainability/TBL
Methodology
Does the firm demonstrate a commitment to
Sustainability and incorporate Triple Bottom Line
methodology in both their Scope of Work for the
project, and their day-to-day business operating
processes and procedures?
2.0 Project Proposal
Does the proposal’s Scope include detailed
tasks for each element as applicable and are the
assumptions reasonable? Does the proposal
include detailed cost break-down for each cost
element as applicable? Do the proposed cost
and work hours compare favorably with the
Project Manager's estimate? Are the work hours
presented reasonable for the effort required by
each project task or phase?
2.0 Cost & Work Hours
Does the proposal include detailed cost break-
down for each cost element as applicable and
are the line-item costs competitive? Do the
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proposed cost and work hours compare
favorably with the Project Manager's estimate?
Are the work hours presented reasonable for the
effort required by each project task or phase?
Definitions
Sustainable Purchasing is a process for selecting products or services that have a lesser
or reduced negative effect on human health and the environment when compared with
competing products or services that serve the same purpose. This process is also known
as “Environmentally Preferable Purchasing” (EPP), or “Green Purchasing”.
The Triple Bottom Line (TBL) is an accounting framework that incorporates three
dimensions of performance: economic, or financial; environmental, and social. The
generally accepted definition for TBL is that it “captures the essence of sustainability by
measuring the impact of an organization’s activities on the world…including both its
profitability and shareholders values and its social, human, and environmental capital.”
B. Reference Evaluation Criteria
Prior to award, the Project Manager will check references using the following criteria.
Negative responses from references may impact the award determination.
CRITERIA STANDARD QUESTIONS
Overall Performance
Would you hire this Contractor again? Did they
show the skills required by this project?
Timetable
Was the original Scope of Work completed within the
specified time? Were interim deadlines met in a
timely manner?
Completeness
Was the Contractor responsive to client needs; did
the Contractor anticipate problems? Were problems
solved quickly and effectively?
Budget
Was the original Scope of Work completed within the
project budget?
Job Knowledge
If a study, did it meet the Scope of Work?
If Contractor administered a construction contract,
was the project functional upon completion and did it
operate properly? Were problems corrected quickly
and effectively?
9080 Utility Infrastructure System Improvements and Rehabilitation On-Call Page 14 of 121
V. CONTRACTOR STATEMENT
Contractor hereby acknowledges receipt of the City of Fort Collins Request for Proposal and
acknowledges that it has read and agrees to be fully bound by all of the terms, conditions and
other provisions set forth in the RFP. Additionally, Contractor hereby makes the following
representations to City:
a. All of the statements and representations made in this proposal are true to the best of the
Contractor’s knowledge and belief.
b. Contractor commits that it is able to meet the terms provided in this proposal.
c. This proposal is a firm and binding offer, for a period of 90 days from the date hereof.
d. Contractor further agrees that the method of award is acceptable.
e. Contractor also agrees to complete the proposed Agreement with the City of Fort Collins
within 30 days of notice of award. If contract is not completed and signed within 30 days,
City reserves the right to cancel and award to the next highest rated firm.
f. Contractor acknowledges receipt of addenda.
Legal Firm Name:
Physical Address:
Remit to Address:
Phone:
Name of Authorized Agent of Firm:
Signature of Authorized Agent:
Primary Contact for Project:
Title: Email Address:
Phone: Cell Phone:
NOTE: CONTRACTOR STATEMENT IS TO BE SIGNED & RETURNED WITH YOUR
PROPOSAL.
9080 Utility Infrastructure System Improvements and Rehabilitation On-Call Page 15 of 121
VI. SAMPLE AGREEMENT (FOR REFERENCE ONLY – DO NOT SIGN )
SERVICES AGREEMENT
CONSTRUCTION WORK ORDER TYPE
THIS AGREEMENT made and entered into the day and year set forth below, by and
between THE CITY OF FORT COLLINS, COLORADO, a Municipal Corporation, hereinafter
referred to as the "City" and hereinafter referred to as "Service Provider".
WITNESSETH:
In consideration of the mutual covenants and obligations herein expressed, it is agreed by
and between the parties hereto as follows:
1. Services to be Performed.
a. This Agreement shall constitute the basic agreement between the parties . 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 ( ) 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
C, consisting of ( ) 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 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 B, 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
9080 Utility Infrastructure System Improvements and Rehabilitation On-Call Page 16 of 121
pursuant to this Agreement shall be initiated as specified by each written Work Order or oral
emergency service request. Oral emergency service requests will be acted upon without
waiting for a written Work Order. Time is of the essence.
4. Contract Period. This Agreement shall commence , and shall continue
in full force and effect until , , 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:
Attn:
City of Fort Collins
Attn:
PO Box 580
Fort Collins, CO 80522
City of Fort Collins
Attn: Purchasing Dept.
PO Box 580
Fort Collins, CO 80522
In the event of early termination by the City, the Service Provider shall be paid for services
rendered to the termination date, subject only to the satisfactory performance of the Service
Provider's obligations under this Agreement. Such payment shall be the Service Provider's
sole right and remedy for such termination.
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,
9080 Utility Infrastructure System Improvements and Rehabilitation On-Call Page 17 of 121
with markups, stated within the Price Schedule , attached hereto as Exhibit ,
consisting of ( ) 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,
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 A, Statement of Work without the prior written consent of the city, which shall not be
unreasonably withheld. If any of the Work is subcontracted hereunder (with the consent of
the City), then the following provisions shall apply: (a) the subcontractor must be a reputable,
qualified firm with an established record of successful performance in its respective trade
performing identical or substantially similar work, (b) the subcontractor will be required to
comply with all applicable terms of this Agreement, (c) the subcontract will not create any
contractual relationship between any such subcontractor and the City, nor will it obligate the
City to pay or see to the payment of any subcontractor, and (d) the work of the subcontractor
will be subject to inspection by the City to the same extent as the work of the Service
Provider.
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.
9080 Utility Infrastructure System Improvements and Rehabilitation On-Call Page 18 of 121
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.
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
9080 Utility Infrastructure System Improvements and Rehabilitation On-Call Page 19 of 121
or persons, or damages to property arising out of, result from or occurring in connection
with the performance of any service hereunder.
b. The Service Provider shall take all necessary precautions in performing the work
hereunder to prevent injury to persons and property.
c. Without limiting any of the Service Provider's obligations hereunder, the Service Provider
shall provide and maintain insurance coverage naming the City as an additional insured
under this Agreement of the type and with the limits specified within Exhibit E, 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 Unlawful Discrimination. The City of Fort Collins, in accordance with the
provisions of Title VI of the Civil Rights Act of 1964 (78 Stat. 252, 42 US.C. §§ 2000d to
2000d-4) and the Regulations, hereby notifies all bidders that it will affirmatively ensure that
any contract entered into pursuant to this advertisement, disadvantaged business
enterprises will be afforded full and fair opportunity to submit bids in response to this
invitation and will not be discriminated against on the grounds of race, color, or national
origin in consideration for an award.
The City strictly prohibits unlawful discrimination based on an individual’s gender (regardless
of gender identity or gender expression), race, color, religion, creed, national origin,
ancestry, age 40 years or older, marital status, disability, sexual orientation, genetic
information, or other characteristics protected by law. For the purpose of this policy “sexual
orientation” means a person’s actual or perceived orientation toward heterosexuality,
homosexuality, and bisexuality. The City also strictly prohibits unlawful harassment in the
workplace, including sexual harassment. Further, the City strictly prohibits unlawful
retaliation against a person who engages in protected activity. Protected activity includes
an employee complaining that he or she has been discriminated against in violation of the
above policy or participating in an employment discrimination proceeding.
The City requires its vendors to comply with the City’s policy for equal employment
opportunity and to prohibit unlawful discrimination, harassment and retaliation. This
requirement applies to all third-party vendors and their subcontractors at every tier.
9080 Utility Infrastructure System Improvements and Rehabilitation On-Call Page 20 of 121
23. Prohibition Against Employing Illegal Aliens. Pursuant to Section 8-17.5-101, C.R.S., et.
seq., Service Provider represents and agrees that:
a. As of the date of this Agreement:
1. Service Provider does not knowingly employ or contract with an illegal alien who will
perform work under this Agreement; and
2. Service Provider will participate in either the e-Verify program created in Public Law
208, 104th Congress, as amended, and expanded in Public Law 156, 108th
Congress, as amended, administered by the United States Department of Homeland
Security (the “e-Verify Program”) or the Department Program (the “Department
Program”), an employment verification program established pursuant to Section 8-
17.5-102(5)(c) C.R.S. in order to confirm the employment eligibility of all newly hired
employees to perform work under this Agreement.
b. Service Provider shall not knowingly employ or contract with an illegal alien to perform
work under this Agreement or knowingly enter into a contract with a subcontractor that
knowingly employs or contracts with an illegal alien to perform work under this
Agreement.
c. Service Provider is prohibited from using the e-Verify Program or Department Program
procedures to undertake pre-employment screening of job applicants while this
Agreement is being performed.
d. If Service Provider obtains actual knowledge that a subcontractor performing work
under this Agreement knowingly employs or contracts with an illegal alien, Service
Provider shall:
1. Notify such subcontractor and the City within three days that Service Provider has
actual knowledge that the subcontractor is employing or contracting with an illegal
alien; and
2. Terminate the subcontract with the subcontractor if within three days of receiving the
notice required pursuant to this section the subcontractor does not cease employing
or contracting with the illegal alien; except that Service Provider shall not terminate
the contract with the subcontractor if during such three days the subcontractor
provides information to establish that the subcontractor has not knowingly employed
or contracted with an illegal alien.
e. Service Provider shall comply with any reasonable request by the Colorado
Department of Labor and Employment (the “Department”) made in the course of an
investigation that the Department undertakes or is undertaking pursuant to the
authority established in Subsection 8-17.5-102 (5), C.R.S.
f. If Service Provider violates any provision of this Agreement pertaining to the duties
imposed by Subsection 8-17.5-102, C.R.S. the City may terminate this Agreement. If
this Agreement is so terminated, Service Provider shall be liable for actual and
consequential damages to the City arising out of Service Provider’s violation of
Subsection 8-17.5-102, C.R.S.
9080 Utility Infrastructure System Improvements and Rehabilitation On-Call Page 21 of 121
g. The City will notify the Office of the Secretary of State if Service Provider violates this
provision of this Agreement and the City terminates the Agreement for such breach.
24. 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.
25. 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.
26. Special Provisions. Special provisions or conditions relating to the services to be performed
pursuant to this Agreement are set forth in Exhibit - Confidentiality consisting of
(1) page, Exhibit , Section 00700 General Conditions consisting of fifty-three
(53) pages, and Section 800 Supplementary Conditions Exhibit , consisting of
( ) pages attached hereto and incorporated herein by this reference.
[Signature Page Follows]
9080 Utility Infrastructure System Improvements and Rehabilitation On-Call Page 22 of 121
THE CITY OF FORT COLLINS, COLORADO
By:
Gerry Paul
Purchasing Director
DATE:
ATTEST:
APPROVED AS TO FORM:
SERVICE PROVIDER'S NAME
By:
Printed:
Title:
CORPORATE PRESIDENT OR VICE PRESIDENT
Date:
9080 Utility Infrastructure System Improvements and Rehabilitation On-Call Page 23 of 121
EXHIBIT A
WORK ORDER FORM (Short form)
PURSUANT TO A MASTER AGREEMENT BETWEEN
THE CITY OF FORT COLLINS
AND
SERVICE PROVIDER'S NAME
WORK ORDER NUMBER: PM's Tracking #
PROJECT TITLE:
ORIGINAL BID/RFP NUMBER & NAME:
MASTER AGREEMENT EFFECTIVE DATE: Original Contract Date
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: Service Provider's Name
By: Date:
Name: Title:
9080 Utility Infrastructure System Improvements and Rehabilitation On-Call Page 24 of 121
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)
9080 Utility Infrastructure System Improvements and Rehabilitation On-Call Page 25 of 121
EXHIBIT B
WORK ORDER FORM (Construction over $100,000)
FORT COLLINS UTILITIES
CONSTRUCTION WORK ORDER
PROJECT TITLE
WORK ORDER NO. PM'S TRACKING #
CONTRACTOR: Company Name
9080 Utility Infrastructure System Improvements and Rehabilitation On-Call Page 26 of 121
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
00800 Supplementary Conditions
00900 Addenda, Modifications and Payment
00950 Work Order Change Order Form
00960 Application for Payment
ADDITIONAL DOCUMENTS
Attachment A DRAWING INDEX
9080 Utility Infrastructure System Improvements and Rehabilitation On-Call Page 27 of 121
SECTION 00500
CONSTRUCTION WORK ORDER AGREEMENT FORMS
00525 Work Order, Notice of Award & Bid Schedule
00530 Work Order Notice to Proceed
9080 Utility Infrastructure System Improvements and Rehabilitation On-Call Page 28 of 121
SECTION 00525
WORK ORDER, NOTICE OF AWARD AND BID SCHEDULE
TO: Company Name
WORK ORDER NUMBER: PM's Tracking #
PROJECT TITLE:
ORIGINAL BID/RFP NUMBER & NAME:
MASTER AGREEMENT EFFECTIVE DATE: Original Contract Date
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 ($Numerical Dollar Amount) for
each calendar day or fraction thereof after Date until the work is Substantially
Complete.
9080 Utility Infrastructure System Improvements and Rehabilitation On-Call Page 29 of 121
2) Final Acceptance: After Substantial Completion, Written Dollar Amount
($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:
9080 Utility Infrastructure System Improvements and Rehabilitation On-Call Page 30 of 121
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: Company Name
By: Date:
Name: Title:
9080 Utility Infrastructure System Improvements and Rehabilitation On-Call Page 31 of 121
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)
9080 Utility Infrastructure System Improvements and Rehabilitation On-Call Page 32 of 121
BID SCHEDULE
Insert Work Order Quote/Proposal Here
9080 Utility Infrastructure System Improvements and Rehabilitation On-Call Page 33 of 121
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 of Month,
Year.
(CONTRACTOR)
By: ___________________________________________
Name, Title
9080 Utility Infrastructure System Improvements and Rehabilitation On-Call Page 2 of 121
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
9080 Utility Infrastructure System Improvements and Rehabilitation On-Call Page 3 of 121
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:
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: Company Name (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: Company Name
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 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):
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
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Unit Price Total Quanitity Total Quantity Total Quantity Total
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
$ -
$ -
$ -
$ -
$ -
0.00%
$ - $ - $ - $ - $ - 0.00%
Official Purchasing Form
Last Updated 10/2017
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
Crosscheck
Total Completed to Date
Total Materials Remaining @ Site
$ -
$ -
$ -
Original Contract Amount
Less Previous Billings $ -
$ -
$ -
$ -
$ -
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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
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 C
GENERAL SCOPE OF SERVICES
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EXHIBIT D
(BID SCHEDULE/COMPENSATION)
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EXHIBIT E
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 F
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 G
SECTION 00700
GENERAL CONDITIONS
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SECTION 00800
SUPPLEMENTARY CONDITIONS
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SECTION 00800
SUPPLEMENTARY CONDITIONS
Conditions of the Contract
These Supplementary Conditions amend or supplement the General Conditions of the
Construction Contract (EJCDC General Conditions 1910-8, 1990 edition with City of Fort Collins
modifications) and other provisions of the Contract Documents as indicated below.
SC-1.38 Definitions
A. Add the following language to the conclusion of paragraph 1.38 of the General Conditions:
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 Work Order
A. Add the following new paragraph immediately after paragraph 1.43 of the General
Conditions:
1.43 Work Order--A written document executed by OWNER and
CONTRACTOR that provides for the construction of a portion of the Work,
pursuant to the Agreement and all as required by the Contract Documents, and
that becomes a Contract Document when executed.
SC-2.8 Preliminary Matters
A. Delete paragraph 2.8 of the General Conditions entirely and replace it with the
following paragraph:
Preconstruction Conference. Within ten days after the Contract Times for a
Work Order start to run, but before any Work at the site is started, a conference
attended by CONTRACTOR, ENGINEER and others as appropriate will be
held to establish a working relationship among the parties as to the Work and
to discuss the schedules referred to in paragraph 2.6, procedures for handling
Shop Drawings and other submittals, processing Applications for Payment,
and maintaining required records.
SC-2.10 Work Order
A. Add the following new paragraph immediately after paragraph 2.9 of the General
Conditions:
2.10 Work Order Required for All Work. References to the Agreement in this
Article 2 and in the General and Supplementary Conditions and Contract
Documents notwithstanding, no Work shall be initiated or performed until
CONTRACTOR has received a signed and executed Work Order,
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incorporating the Notice to Proceed, from OWNER; and no provision of this
Article 2 or of the General and Supplementary Conditions and Contract
Documents shall permit or require any action of CONTRACTOR in the absence
of a signed and executed Work Order. All provisions of this Article 2 and of
the General and Supplementary Conditions and Contract Documents
referencing the Agreement or other parts of the Contract Documents, or
permitting or requiring any action of CONTRACTOR, shall be read as
referencing and, as appropriate, requiring a signed and executed Work Order.
SC-4.2 Subsurface and Physical Conditions:
A. Add the following language to paragraph 4.2.1 of the General Conditions.
4.2.1.1.1 The following report(s) of exploration and tests of subsurface conditions
at the site of the Work:
[Report Title, Report #, Author, Date]
Contractor may rely upon the accuracy of the technical data contained in the
geotechnical documents, but not upon nontechnical data, interpretations or
opinions contained therein or upon the completeness of any information in the
report.
B. 4.2.1.2.1 No drawing of physical conditions in or relating to existing surface or
subsurface structures (except Underground Facilities referred to in Paragraph
4.3) which are at or contiguous to the site have been utilized by the Engineer in
preparation of the Contract Documents, except the following:
[Report Title, Report #, Author, Date]
SC-5.4.7 Additional Insureds. 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, PO Box 580, Fort Collins, Colorado 80522
5.4.7.2 [Other Party Name, Address, City, State, Zip]
SC-5.4.8 Limits of Liability
A. Add the following language at the end of paragraph 5.4.8.
The limits of liability for the insurance required by the paragraph numbers of the
General Conditions listed below are as follows:
5.4.1 and 5.4.2
Coverage A - Statutory Limits
Coverage B - $100,000/$100,000/$500,000
5.4.3 and 5.4.5 Commercial General Liability policy will have limits of
$1,000,000 combined single limits (CSL). This policy will include coverage for
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Explosion, Collapse, and Underground coverage unless waived by the
Owner.
5.4.6 The Comprehensive Automobile Liability Insurance policy will have
limits of $1,000,000 combined single limits (CSL).
5.4.9 This policy will include completed operations coverage/product liability
coverage with limits of $1,000,000 combined single limits (CSL).
SC-6.14.3 Contractors Responsibilities
A. Add the following new paragraph immediately after paragraph 6.14.2 of the
General Conditions:
6.14.3. The following Laws or Regulations are included in the Contract
Documents as mandated by statute or for the convenience of the
CONTRACTOR. Other Laws and Regulations apply which are not
included herein, and are within the CONTRACTOR's duty and
responsibility for compliance thereto:
6.14.3.1 Notice to owners of Underground Facilities is required prior to
excavations in the vicinity of such facilities.
6.14.3.2 Unless otherwise decided by reason of the amount of the
Contract Price involved, or other good reason, before or at the
time that the contract is awarded to a corporation outside the
State of Colorado, such corporation must carry out the proper
procedure to become authorized to do business in the State
of Colorado, designate a place of business therein, and
appoint an agent for service of process.
Such corporation must furnish the OWNER with a certificate
from the Secretary of State of Colorado has been issued by
its office and there shall also be procured from the Colorado
Secretary of State of photostatic or certified copy of the
designated of place of business and appointment of agent for
service of process, or a letter from the Colorado Secretary of
State that such designation of place of business and agent for
service of process have been made.
6.14.3.3 The CONTRACTOR must conform to the rules and
regulations of the Industrial Commission of Colorado.
Particular reference is made to rules and regulations
governing excavation Work adopted by the Industrial
Commission of Colorado.
SC-8.10 OWNER’s Project Manager
A. Add the following language to ARTICLE 8:
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8.10. The OWNER will provide a Project Manager. The CONTRACTOR
shall direct all questions concerning Contract interpretation,
Change Orders, and other requests for clarification or instruction to
the Project Manager.
8.10.1 Authority: The Project Manager will be the OWNER's
representative during the construction of the project. The Project
Manager shall have the authority set forth in the OWNER's Capital
Project Procedures Manual. The Project Manager shall have the
authority to reject work and materials whenever such rejection may
be necessary to ensure the proper performance of the Work in
accordance with the Contract Documents.
8.10.2 Duties and Responsibilities: The Project Manager will make
periodic visits to the project site to observe the progress and quality
of the Work and to determine, in general, if the Work is proceeding
in accordance with the Contract Documents. The Project Manager
shall not be required to make comprehensive or continuous
inspections to check the progress or quality of the Work. The
Project Manager shall not be responsible for construction means,
methods, techniques, sequences, or procedures, or for safety
precautions or programs in connection with the Work, or for any
failure of the Contractor to comply with laws and regulation
applicable to the performance or furnishing of the Work. Visits and
observations made by the Project Manager shall not relieve the
CONTRACTOR of his obligation to conduct comprehensive
inspections of the Work, to furnish materials and perform
acceptable Work, and to provide adequate safety precautions in
conformance with the Contract Documents. The Project Manager
shall at all times have access to the Work. The CONTRACTOR
shall provide facilities for such access so the Project Manager may
perform his or her functions under the Contract Documents.
8.10.3 One or more Resident Construction Inspector(s) (RCI) may be
assigned to assist the Project Manager in providing observation of
the Work, to determine whether or not the Work is proceeding
according to the construction documents. CONTRACTOR will
receive written notification from the OWNER of any RCI
assignments. The RCI shall not supervise, direct or have control or
authority over, nor be responsible for, CONTRACTOR's means,
methods, techniques, sequences or procedures of construction or
the safety precautions and programs incident thereto, or for any
failure of CONTRACTOR to comply with Laws and Regulations
applicable to the furnishing or performance of the Work. The RCI
will not be responsible for CONTRACTOR's failure to perform or
furnish the Work in accordance with the Contract Documents. The
RCI's dealings in matters pertaining to the on-site work will be to
keep the Project Manager properly apprised about such matters.
8.10.4 Communications: All instructions, approvals, and decisions of the
Project Manager shall be in writing. The CONTRACTOR may not
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rely on instructions, approvals, or decisions of the Project Manager
until the same are reduced to writing.
SC-11.6.2 Change of Contract Price
A. Add the following new paragraph to paragraph 11.6.2 of the General Conditions:
11.6.2.7. Cost of the Work. Allowances for profit, overhead and mark-up
prescribed by Article 4 of the Agreement shall be used in lieu of any
CONTRACTOR'S fee, overhead, profit or mark-up allowances as
prescribed in paragraphs 11.6.2.1, 11.6.2.2, and 11.6.2.3.
SC-12.3 Add the following language to the end of paragraph 12.3.
Contractor will include in the project schedule zero (0) days lost due to abnormal
weather conditions.
SC-13.12 Correction Period:
13.12.1 If within one year after the date of Substantial Completion or such longer
period of time as may be prescribed by Laws or Regulations or by the terms
of any applicable special guarantee required by the Contract Documents
or by any specific provision of the Contract Documents, an Work is found
to be defective, CONTRACTOR shall promptly, without cost to OWNER
and in accordance with OWNER’s written instructions . . .
SC-12.3 Add the following language to the end of paragraph 12.3.
Contractor will include in the project schedule ( ) days lost due to
abnormal weather conditions.
$ -
Combined
Total Completed to Date
Total Contract Amount
Total This Period
Previous Billings
Balance Remaining
Percent Complete
PAY REQUEST
Item # Description Quantity
Cost
Remaining
Percent
Complete
UOM
Contract Summary This Period Previous Total to Date
Period Ending:
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: