HomeMy WebLinkAboutRFP - 9234 CONTRACTOR SERVICES FOR 27IN POUDRE CANYON RAW WATERLINE PROJECT9234 Contractor Services for 27” Poudre Canyon Raw Waterline Project Page 1 of 133
REQUEST FOR PROPOSAL
9234 CONTRACTOR SERVICES FOR
27” POUDRE CANYON RAW WATERLINE PROJECT
RFP DUE: 3:00 PM MT (OUR CLOCK), JANUARY 12, 2021
The City of Fort Collins is soliciting proposals from qualified Contractors to provide services
related to design/preconstruction support and construction for the 27” Poudre Canyon Raw
Waterline Project.
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 Due Date and
Time will not be accepted by the system. Proposals must be received before 3:00 p.m. (our
clock) on January 12, 2021 and referenced as Proposal No. 9234.
A pre-proposal meeting will be held at 2:00 PM MT on December 8, 2020. The pre-
proposal meeting will be hosted online via Zoom. Select or copy/paste the below link into
your browser for access to the meeting. Please be prepared to announce your name and
mute your microphone.
The meeting information is as follows:
https://us02web.zoom.us/j/81195478677?pwd=UW5lYWkyV1VMZWtxQjdKalVhaEdMdz09
Dial by your location
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Meeting ID: 811 9547 8677
Passcode: 986837
Find your local number: https://us02web.zoom.us/u/kjBAnEVp9
All questions should be submitted, in writing via email, to Marisa Donegon, Buyer at
mdonegon@fcgov.com no later than 5:00 p.m. MT (our clock) on December 14, 2020.
Please format your email to include: RFP 9234 Contractor Services for 27” Poudre Canyon Raw
Waterline Project 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.
Respondent communication regarding the proposal with other City personnel is prohibited and
may be grounds for disqualification.
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
9234 Contractor Services for 27” Poudre Canyon Raw Waterline Project Page 2 of 133
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, General
91340 Construction, Pipeline
91356 Construction, Utility/Underground Projects
91360 Construction, Water System/Plants, Main and Service Line
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
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.
9234 Contractor Services for 27” Poudre Canyon Raw Waterline Project Page 3 of 133
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. BACKGROUND & OBJECTIVE / OVERVIEW
A. Purpose
The purpose of this Request for Proposal (RFP) is to receive proposals from qualified
firms (Contractor and Contractor/Subcontractor Teams) to provide General Contractor
services for the City of Fort Collins (City) and its Engineering Consultant on the design
and construction phases of the 27” Poudre Canyon Raw Waterline Project.
B. Location
The project site is located near Gateway Natural Area in the Cache la Poudre River
Canyon (Poudre Canyon), approximately 5 miles west of the intersection of Colorado
State Highway 287 and Colorado State Highway 14 (Ted’s Place), northwest of Fort
Collins, CO.
C. Objective
The City owns and operates two raw water transmission pipelines in the Poudre Canyon.
One of the pipelines is a 27-inch steel raw water pipeline. A section of this steel pipeline
is exposed in the Cache la Poudre River (Poudre River) at one of its crossings near
Gateway Natural Area and is at high risk for failure.
The goal of this project is to ensure the structural integrity and operational longevity of
the City’s raw water pipelines in the Poudre Canyon. The project will either replace or
relocate portions of the raw water pipeline at the exposed Poudre River crossing. The
design will consider the existing geomorphology of the river to develop a long-term
solution which may require pipe alignment modifications, deeper burial depths of the
pipeline, and/or localized river channel stabilization.
Improvements to the 27” Poudre Canyon Raw Waterline will replace aging infrastructure
(installed in the 1950s) and eliminate the risk of failure which ensures the continued
delivery and reliability of raw water from the Poudre River to the Fort Collins Water
Treatment Facility. Mitigating the existing situation provides an opportunity to modify the
pipe alignment to provide increased integrity to the system.
The City is currently evaluating two possible solutions:
1) Lower Access Road Alternative: Install approximately 1,900-feet of new 27-
inch waterline in the unpaved lower access road to Gateway Natural Area
(adjacent to the Poudre River).
OR
2) Re-alignment River Crossing Alternative: Replace and lower approximately
470-feet of new 27-inch waterline along both channel banks and across the
Poudre River channel.
The project is planned to begin construction in the Fall of 2022 and will be completed
during the river low flow season (October – March).
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D. Background
Studies and investigations have been conducted to identify the concerns and mitigation
alternatives for the 27” steel raw waterline exposed in the Poudre River at the second
river crossing below Gateway Natural Area. Primarily due to man-made alterations in the
channel and floods in recent years, excessive erosion on the northeast bank of the river
has left approximately 75-ft of the waterline exposed and at high risk of failure.
Conceptual designs for four alternatives were developed in 2020 by the City’s
Engineering Consultant (HDR) and included plan view drawings and Class 4 cost
estimates. A multi-criteria decision analysis (MCDA) was used to rank each alternative
based on project specific criteria, categorized by Triple Bottom Line factors
(Environmental, Social, and Economic).
The results of the MCDA process indicated that Alternative 4: Lower Access Road
Alternative was the preferred solution and would require installation of approximately
1,900-feet of new 27-inch waterline in the unpaved lower access road to Gateway
Natural Area (adjacent to the Poudre River). However, Alternative 3: Re-alignment River
Crossing Alternative, was found to be the next best viable solution. Several design
elements and constraints were further investigated as part of a preliminary design effort
which included utility locates, survey, digging geotechnical test pits in the lower access
road, pipeline plan and profile preliminary design, and updated cost estimates. As the
preliminary work continues, and with the assistance of the selected Contractor during
design phase, the Project Team will determine the best solution to carry forward to final
design and construction.
E. Preliminary Design Document
Contractors interested in responding to this RFP should request the Preliminary Design
Document. This document should be referenced for concept only. This material is
provided for basic information regarding the existing site conditions, preliminary design
layout for the two alternatives being considered, and preliminary plan and profile for the
Re-Alignment River Crossing Alternative. The Re-Alignment River Crossing Alternative
should be the focus of the proposal approach and only a portion of the Re-Alignment
River Crossing Alternative will be used in the Sample Cost Estimate/Schedule section.
The Preliminary Design Document (HDR, November 2020) consists of:
• Preliminary Alternatives Overview Site Plan (1 sheet)
• Preliminary Re-Alignment River Crossing Plan and Profile (1 sheet)
To request the Preliminary Design Document, please email Marisa Donegon, Buyer, at
mdonegon@fcgov.com. Prior to receiving the document, Contractors will be expected to
sign the Mutual Non-Disclosure Agreement as outlined in Exhibit A, without exceptions.
Note that the Preliminary Design Document will not be distributed after the question
deadline on December 14, 2020.
F. Permitting
Permitting activities are expected to affect the project design and construction decisions
and schedule. Depending on the final alternative selected, the following permits are
anticipated:
9234 Contractor Services for 27” Poudre Canyon Raw Waterline Project Page 6 of 133
• United States Army Corps of Engineers (USACE) 404/401 Permit for work within
the banks of the Poudre River (likely covered by Nationwide Permits rather than
an Individual Permit).
o Water Quality Certification from the State for any Section 404 permit
obtained
• Larimer County Floodplain Permitting
• Larimer County Planning: Location and Extent Permitting
• CDOT Right-of-Way Work Permit
• Additional construction permits are anticipated, such as the State’s
Construction Dewatering permit
G. Estimated Cost
As part of the preliminary design efforts, Opinion of Probable Construction Costs were
completed for both alternatives being considered. The Re-alignment River Crossing
Alternative project cost estimate range is $2.2 M to $2.5 M and represents the total
project cost, including final design, construction, permitting, mitigation, real estate
acquisition, public outreach, contingency, and project management.
H. Engineering Consultant Team
The City intends to work with the Engineering Consultant and the awarded Contractor
throughout the project beginning March 2021.
Site investigation, environmental surveys, cultural resources surveys, etc. will be
conducted, as needed, by firms under the supervision of the Engineering Consultant.
II. GENERAL SCOPE OF SERVICES FOR DESIGN & CONSTRUCTION OF 27”
POUDRE CANYON RAW WATERLINE PROJECT
A. Scope of Services
In general, the Contractor will be responsible for early contractor engagement to influence
the selection of the final Alternative and the final design for more efficient construction.
Because the Contractor is being selected for both the preconstruction and construction
phases of service and due to the opportunity for the Contractor’s team to provide input to the
design, it is expected that significant unforeseen changes, delays and risks will be avoided
and that best value will be realized.
The Contractor’s effort will consist of two phases.
1. Phase 1 - Design / Preconstruction.
a. Anticipated timeframe: Spring 2021 – Fall 2022
b. Role: The Contractor and members of the Contractor’s team will be actively engaged
members of the project through all design milestones where an innovative approach
to solving difficult construction problems is essential. The Contractor’s input will help
the team determine which Alternative is selected for the final design and
construction. The Contractor will be expected to attend design meetings (virtual
and/or in-person) as needed during all phases of the project. The awarded
Contractor is expected to bring construction expertise to the team and actively
provide constructability review and construction planning including but not limited to
9234 Contractor Services for 27” Poudre Canyon Raw Waterline Project Page 7 of 133
scheduling, materials and subcontractor selection, design alternative assessment
and selection, contract requirements, and detailed cost estimating and pricing to
include competitive quoting at various design milestones.
c. Cost: Pricing of the project along with a third-party independent cost estimate (ICE),
will be completed at various design milestones as determined by the City with input
from the project team. The third-party ICE firm will be solicited for and contracted
separately by the City. During the preconstruction phase, information provided by the
Contractor will be reviewed and discussed, and consensus will be reached by the
project team for the execution, schedule, and cost for each major decision. At
various design milestones, the Contractor team, Engineering Consultant team and
third-party ICE Consultant will discuss and reconcile cost estimates. Material and
subcontractor pricing will be determined by a competitive quote process at certain
project milestones determined by the team.
d. Contract: This phase of work will be based on hourly billing rates for assistance with
design.
2. Phase 2 – Construction.
a. Anticipated timeframe: Fall 2022 – Spring 2023
b. Role: The selected Contractor will serve as the General Contractor for construction
of the 27” Poudre Canyon Raw Waterline Project and function as part of the Project
Team during construction.
The Contractor’s team is expected to bring experience and expertise in conveyance
pipe installation, work and water control in a flowing river, excavation and pipe
construction in highly variable subsurface conditions, blasting techniques, temporary
structure stabilization techniques, and have a history of delivering projects using
early contractor involvement methods. Constructability methods, sequencing,
scheduling, and pre-construction pricing and estimates will also be a focused role of
the Contractor team.
In addition, the Contractor’s team may be requested to inform decisions on or
perform some or all of the following services for the 27” Poudre Canyon Raw
Waterline Project:
• Safety and security
• Site access, staging, layout and development
• Excavation in constrained corridor
• Water and sediment management during construction
• Field and laboratory testing to support construction quality monitoring
• Earthwork and paving
• Interaction with involved agencies / key stakeholders
• Environmental/ecological restoration and/or mitigation
• Additional services, as needed
c. Contract: Between the 90% and 100% design phase, a construction Work Order will
be negotiated and executed. The Work Order value will be based on an agreed upon
9234 Contractor Services for 27” Poudre Canyon Raw Waterline Project Page 8 of 133
target price for the construction project with actual costs paid on a cost-plus fixed
percent markup. Material and subcontractor pricing will be determined by a
competitive quote process (for those subcontractors not already identified in this
proposal).
B. Delivery Approach
The 27” Poudre Canyon Raw Waterline Project will be managed using Fort Collins Utilities’
Alternative Product Delivery System (APDS). APDS, an alternative project delivery
method, is commonly utilized for utility infrastructure projects at the City. This delivery
method engages the Owner (City), Consultant team and Contractor team at an early stage
of a project and the team works together in a collaborative environment from design
through completion of construction. Participation by all team members throughout the
lifetime of a project allows for innovation, strategic alignment within the team, and
enhances project quality and value. This team approach assists in ensuring that projects
are delivered in a timely, safe and efficient manner. Principles of alternative delivery
include: 1) teamwork within the design and construction teams, 2) shared set of project
goals amongst the project team, and 3) identification and mitigation of project risks.
Multiple design and construction components, including but not limited to material
selection and alignment, require the Contractor’s invaluable input to contribute to the
success of the project. Each team member will have significant involvement in the
development and execution of design and construction concepts which are utilized for
the successful completion of the project. Participation by all team members throughout
the project is expected and encouraged to allow innovation and enhance project quality
and value.
Strategic partnering sessions for the project team will likely be conducted during the
course of the project. Partnering sessions will help to promote the APDS key concepts
through team development, team identification of common goals for the project, team
communications, and team identification and approach to risk. Partnering sessions are
intended to result in mutual trust amongst the team members, commitment to shared
goals, open communication and establishes strong working relationships within the team.
Experience with the APDS or a similar alternative delivery method of design and
construction (CM/GC, CMAR etc.) is critical for the Contractor firm. The Contractor team
will be part of a collaborative project team consisting of the City’s Project Manager(s),
other City staff and the Engineering Consultant team. The Engineering Consultant team
was previously selected through a similar competitive selection process. This team will
work together from the preliminary design through completion of construction. Each team
member will have significant involvement in the design and construction concepts that are
utilized.
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III. SCHEDULE
A. 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: December 2, 2020
• Pre-Proposal Meeting: 2:00 PM MT on December 8, 2020
• Question Deadline: 5:00 PM MT on December 14, 2020
• Final Addendum Issued: December 17, 2020
• Proposal Due Date: 3:00 PM MT (our clock) on
January 12, 2021
• Short List Determined: January 26, 2021
• Interviews (tentative): Week of February 1 - 12, 2021
• Award of Contract: February 15, 2021
• Project Start Date: March 2021
B. Pre-Proposal Meeting
Contractor teams are strongly encouraged to attend a pre-proposal meeting scheduled
at 2:00 PM on December 8, 2020. The pre-proposal meeting will be hosted online via
Zoom. Select or copy/paste the below link into your browser for access to the meeting.
Please be prepared to announce your name and mute your microphone.
The meeting information is as follows:
https://us02web.zoom.us/j/81195478677?pwd=UW5lYWkyV1VMZWtxQjdKalVhaEdMdz
09
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Meeting ID: 811 9547 8677
Passcode: 986837
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C. Project Schedule
The schedule for construction of the 27” Poudre Canyon Raw Waterline is primarily
dictated by the alternative selected for final design and construction and the associated
permitting requirements and time frames. To expedite transition from permitting to
construction, design is anticipated to be conducted in parallel with permitting as much as
possible with various permitting processes starting at key design milestones. Design will
be conducted in phases, as agreed upon by the project team. An anticipated, preliminary
9234 Contractor Services for 27” Poudre Canyon Raw Waterline Project Page 10 of 133
project schedule is provided below.
IV. ADDITIONAL INSTRUCTIONS FOR CONTRACTORS
A. Site Walk/Interviews
In addition to submitting a written proposal, the top-rated Contractors may be invited to
an interview at the site where they will be asked to detail the Contractor’s overall
approach, Early Contractor Involvement (ECI) experience, project challenges, approach
to project risk elements, and cost factors during a walking site visit with the City’s
evaluation team and Engineering Consultant (who will not be part of the evaluation
team). The evaluation criteria for the site walk/interview will be the same as for the
written evaluations included in Section VI.
If needed, the City may conduct additional interviews with the top-rated Contractors to
discuss any final clarifications or questions.
Because of recent events involving COVID-19, the City may use non-traditional methods
for the interview phase of the assessment process. Instead of traditional in-person
interviews for the interview session, the City may opt to use alternate methods including,
but not limited to remote interviews through a platform such as Microsoft Teams or Zoom.
B. Travel & Expenses
Contractors are to provide a list of fees for reimbursable expenses. Subject to the terms
of the applicable Work Order, reasonable expenses may be reimbursable per the
current rates found at www.gsa.gov.
C. Contractors/Subcontractors
Contractors will be responsible for identifying any subcontractors in their proposal.
Contractor must identify the firm(s) responsible for these facets of the project:
1) Excavation of oversized materials, including controlled blasting of larger
boulders and/or use of expansive grouts and rock hammers
Please note that the City will contract solely with the awarded Contractor and third-party
Independent Cost Estimator (ICE); therefore, subcontractors will be the responsibility of
the Contractor.
MILESTONE Q1
‘21
Q2
‘21
Q3
‘21
Q4
‘21
Q1
‘22
Q2
‘22
Q3
‘22
Q4
‘22
Q1
‘23
Q2
‘23
Preliminary Design
Final Design
Permitting & Jurisdictional Approvals
Pre-Construction Activities
Construction
Project Close-Out
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D. 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.
E. Insurance & Bonding
1. Insurance
The Contractor will provide, from insurance companies acceptable to the City, the
insurance coverage designated hereinafter and pay all costs. Before commencing
work under this RFP, the Contractor 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 Contractor, 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 Contractor under this Agreement.
Insurance coverages shall be as follows:
A. Workers' Compensation & Employer's Liability.
i. Workers' Compensation insurance with statutory limits as
required by Colorado law.
ii. 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: Commercial general liability and
automobile liability insurance 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 the work.
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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C. The City, its officers, agents and employees shall be named as additional
insureds on the Contractor's general liability and automobile liability
insurance policies for any claims arising out of work performed under the
Agreement.
D. Primary Coverage. For any claims related to the Agreement, Contractor’s
insurance shall be primary coverage, and any insurance or self-insurance
maintained by the City, its officers, agents and employees shall be in
excess of the Contractor’s insurance and shall not contribute with it.
E. Waiver of Subrogation. Contractor will grant to the City a waiver of any
right of subrogation which any insurer of Contractor may acquire against
the City by virtue of any payment of any loss. Contractor agrees to obtain
any endorsement that may be necessary to affect this waiver of
subrogation, but this provision applies regardless of whether or not the
City has received a waiver of subrogation endorsement from the insurer.
In the event any work is performed by a subcontractor, the Contractor
shall be responsible for any liability directly or indirectly arising out of the
work performed by a subcontractor, which liability is not covered by the
subcontractor's insurance.
Provide a sample insurance certificate outlining coverage and policy limits
or a letter from the firm’s insurance agency stating limits in these
categories. Provide the name, address and phone number of the firm’s
insurance agent(s).
2. Bonding
The City will require one hundred percent (100%) Payment and Performance Bonds
upon execution of the applicable Construction Work Order(s).
F. Fees & Licenses
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.
G. Independent Cost Estimate
The independent cost estimating process will be used for the 27” Poudre Canyon Raw
Waterline Project. An Independent Cost Estimate (ICE) is a tool utilized to assist in
determining the reasonableness of the Contractor’s proposed project construction cost.
The ICE is performed by a third-party ICE Consultant at critical milestones during the
project.
The City’s Project Manager will initiate the ICE with input from the Contractor by
providing the ICE Consultant all pertinent information required to accurately estimate the
project. This information may include, but is not limited to, the following: contract
drawings, quantities, quotes, bids, equipment and material specifications, quality
requirements, geotechnical reports, construction start date, and special conditions.
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The Contractor will be required to provide competitive quotes for all subcontract work
and materials (except for subcontractors included as part of the Contractor team in this
RFP where markups, labor rates, and equipment rates have been provided), when the
total project spend with any one subcontractor or supplier will exceed sixty-thousand
dollars ($60,000). Also, at least two quotes are required when the Construction
Contractor proposes using self-supplied materials. The competitive selection process will
be conducted by the Contractor with input from the project team.
The City’s Project Manager will complete a comprehensive review of cost estimates from
both the Contractor and ICE Consultant. A reconciliation meeting with the Project
Manager, Contractor, and ICE Consultant will be conducted to review, in an ‘open book’
manner, the cost estimates prepared by the Contractor and the ICE Consultant. Any
single line item discrepancies exceeding 5% shall be evaluated and reconciled. The
level of due diligence should be commensurate with the materiality of the variance.
Comparison of the cost estimates will be continued until all items are understood and
agreed upon by the Project Manager, Consultants, and Construction Contractor. If the
City and Construction Contractor cannot reach agreement of the contract price through
the ICE process, the City reserves the right to terminate the contract. In this case, the
Contractor will not be able to propose or bid on the project in the future. The individual,
staff member, or ICE Consultant performing the ICE will be required to submit a detailed
final report of the cost estimate, reconciliation process, and outcome. The report will be
maintained in the project file kept by the City’s Project Manager.
H. Laws and Regulations
The Contractor agrees to comply fully with all applicable local, State of Colorado and
Federal laws and regulations and municipal ordinances. The Contractor further agrees to
comply fully with the Occupational Safety and Health Act, all regulations issued there
under and all state laws and regulations enacted and adopted pursuant thereto.
I. Agreement & Term
The intent of the City of Fort Collins is to award a contract to a qualified Contractor team
for the services outlined in this RFP. The Contractor and the City will enter into a Work
Order Type Construction Agreement known as the “Master Agreement”. This Master
Agreement will cover the design, pre-construction, and construction phases of work and
it is anticipated that this work will be conducted in phases, with Work Orders negotiated
and issued for each phase of work as the project progresses. The Master Agreement
contains the terms and conditions, a general scope of work, hourly rates, insurance, etc.
Included with this RFP is a sample Master Agreement (Section VIII) that the City intends
to use for obtaining the services of the Contractor. The Contractor is required to review
the Master Agreement and indicate any objections to the terms of the contracts. If
revisions to the contractual terms are requested, provide suggested revisions as part of
the proposal.
J. Work Order Procedure
Work will be conducted in phases under the Master Agreement and authorized by
individual Work Orders (a sample is included in the attached Master Agreement) as the
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project progresses. The Contractor shall provide all personnel, materials, equipment and
supplies necessary to complete the services set forth in the applicable Work Orders.
Each Work Order form must include a schedule showing the start and completion dates,
total cost and a general summary of work. Subsequent supporting documentation pages
may include the Contractor’s quote which includes a detailed scope of work, project
schedule, deliverables, number of hours, cost detail supporting total cost including hourly
rates, personnel details, materials, subcontractors, fee schedules and expenses. Cost
factors outlined in the Work Order will be based on the budgetary cost factors submitted
in the RFP response and subsequently negotiated and incorporated in the contract.
Preconstruction hourly rates, construction labor and equipment rates will be firm for the
first year of the Master Agreement and updated annually in subsequent years based on
fair market indices.
It is possible that the City will choose not to incorporate one or more portions of the
general scope of services described in this RFP into any contract(s) executed pursuant
to this RFP. Similarly, additional similar services may be added to the Master Agreement
if required.
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 agreement) and will not be
considered valid until signed, at a minimum, by the Contractor, Project Manager, and
Purchasing Department representative.
K. Invoicing and Payment
Invoices should be emailed monthly to invoices@fcgov.com with a copy to the Project
Manager. The cost of the work completed shall be paid to the Contractor each month
following the submittal of a correct invoice by the Contractor indicating the project name,
Purchase Order number, task description, hours worked, personnel/work type category,
hourly rate for each employee/work type category, date of the work performed specific to
the task, percentage of that work that has been completed by task, 3rd party supporting
documentation (including subcontractor and material invoices) with the same detail and
a brief progress report. The City pays invoices on Net 30 terms.
Payments will be made using the prices listed on the agreed-to Price Schedule from the
Master Agreement. In the event a service is requested which is not listed on the Price
Schedule, the Contractor and the City will negotiate an appropriate unit price for the
service prior to the Contractor initiating such work.
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.
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M. COVID-19 Compliance.
The Contractor and its subcontractors shall comply with all state, county, and local laws,
ordinances, and public health orders established to reduce the spread of COVID-19, as
applicable. The Contractor shall ensure employees and subcontractors with COVID-19
symptoms do not report to the job site. Contractor must organize work to ensure
individuals minimize contact and maximize social distancing. Individuals should wear a
mask or cloth face covering consistent with local public health recommendations.
V. PROPOSAL SUBMITTAL
Respondents shall submit a proposal tailored specifically to work related to the 27” Poudre
Canyon Raw Waterline Project. Proposals shall be limited to a total length of thirty (30)
single sided 8 ½ x 11” pages (excluding cover pages, table of contents, resumes, dividers,
cost backup information, Preferred Qualifications and Experience Form, Safety Form, and
Acknowledgement Form). Font shall be a minimum of 10 Arial and margins are limited to no
less than 0.5” for sides and top/bottom. Extended page sizes, such as 11” x 17”, count as a
single page, are limited to ten (10) total, and should be used only for graphics, diagrams,
spreadsheets, or drawings not easily presented on 8 ½ x 11” pages. Please, no embedded
documents. Proposals that do not conform to these requirements may be rejected. 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
Contractor 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
Provide a cover letter that describes any unique aspects or qualifications provided by
your firm and how your firm can provide the best value to the City.
B. Contractor Information
Provide an outline describing the Contractor’s firm, including:
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
6. Location(s) of offices. If multiple, identify which will be the primary for this project.
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7. Primary contact information for the company including contact name(s) and
title(s), mailing address(s), phone number(s), and email address(s).
8. Have you, or your firm, ever defaulted on a contract? If yes, provide details of
when, where, and why.
9. Are you, or your firm, debarred by any government agency? If yes, provide
agency names and locations.
10. Are there any pending lawsuits against your firm at this time? If yes, provide a
summary of the matter and current status of the lawsuit.
11. If the respondent is a Joint Venture, the lead firm for the venture shall be clearly
identified and expected participation percentages stated along with any previous
history of working together over the past 15 years.
C. Contractor Experience and Project Personnel
1. Preferred Qualifications & Experience
Contractor shall complete the following checklist (Y/N), attached as Exhibit B. Examples
and references will be requested in the proposal. A single project may be used to meet
more than one of the described qualifications. In all instances, experience and projects
completed must be within the past 10 years.
Qualification Details Response
(Y/N)
1
Experience installing
water conveyance
pipelines and
infrastructure
Contractor has completed at least two
projects (including design and construction
phase services) which included 24-inch (or
larger) diameter pipe, greater than 500 LF in
length.
2 Experience working in
a flowing river
Contractor has completed at least two
projects in a flowing river which included
water control, dewatering, and sediment
management activities.
3
Experience working in
tight, constrained
corridors such as
narrow alleys or roads
Contractor has completed at least two
infrastructure water, wastewater, or
stormwater projects in constrained corridors.
4
Experience with
excavation and pipe
construction in highly
variable subsurface
conditions and
oversized materials.
Contractor or subcontractor on proposed
Team has completed at least two
infrastructure projects that required work in
highly variable subsurface conditions
including cobbles, large boulders, and
oversized materials that required use of
expansive grout, rock hammers, and blasting
work to excavate oversized subsurface
materials.
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field verifications and documentation to
support compliance.
6
Experience with
Alternative Project
Delivery Systems
Contractor Team has been part of at least
two projects that utilized an Alternative
Project Delivery System, CM/GC method, or
other similar project delivery method that
incorporated collaborate project teams and
partnering with Owners, Engineers, and
Contractors during both the design and
construction phases.
2. Summary of Project Experience / References
Provide project descriptions of work performed and references for at least four (4)
relevant, similar, construction projects where your firm has served as the prime
contractor. The projects shall have been completed in the last 10 years. For each,
describe the firm’s roles and responsibilities, and identify the roles and responsibilities of
proposed team members on the past projects. Indicate which of the Preferred
Qualifications & Experience listed above the project example meets. All Preferred
Qualifications & Experience the Contractor has should be supported within the submitted
project descriptions.
Additional elements of the work may include
o temporary structure stabilization techniques: use of underpinning with
micropiles and tieback anchors to temporarily stabilize structures
o river / stream restoration techniques such as channel regrading, grade control
structures, boulder vanes, wood toe and soil lifts, habitat features, revegetation,
and erosion control.
Please describe any similar experience you have with temporary structure stabilization
and/or stream restoration also.
Project narratives shall include:
1. Description of the project, including project name and location, and its similarity to
the 27” Poudre Canyon Raw Waterline Project, including details of work
completed
2. Owner’s name and address, contact person and their telephone number and
email address
3. Engineering consulting firm on the project
4. Contractor’s team members and roles. Identify key subcontractors on these
projects that are also proposed as part of your team for this project.
5. Project delivery method used
6. Key project challenges and successes
7. Risks involved and methods of avoidance or mitigation
8. Original contract value and final contract amount
9. Responsibility of the firm and percent of contract self-performed
10. Change order history and amounts – categorized as owner directed or other
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11. Disputes, claims and litigation summary, if applicable.
12. Liquidated damages applied, if applicable.
Identify the top three references the Contractor suggests the City contact. If Contractor
has worked for the City of Fort Collins, provide two references beyond the City
reference. The Contractor authorizes the 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.
Provide any information that distinguishes Contractor from its competition and any
additional information applicable to this RFP that might be valuable in assessing the
Contractor’s proposal.
3. Project Personnel/Availability
1. Provide an organization chart for this project, identifying the team’s structure and
titles. The chart should include all resources (including subcontractors)
anticipated for the project and their specific roles and responsibilities. Identify
what portion of work, if any, may be performed by subcontractors. Contractor
must identify the firm(s) responsible for the excavation of oversized materials,
including expansive grout, rock hammers, and blasting.
2. Describe how the project would be managed and who would have primary
responsibility for its timely and professional completion.
3. Submit detailed resumes of individuals (including subcontractors) proposed to fill
key positions. Please limit resumes to one (1) page. Resumes should highlight or
demonstrate the following:
a. Experience and capabilities in constructing water conveyance pipelines and
infrastructure with similar features to the 27” Poudre Canyon Raw Waterline
project. Provide specific project examples demonstrating this experience.
b. Role and responsibility on related projects.
c. Experience in a significant role on projects using alternative delivery methods
with early construction contractor involvement during the design. Provide
specific project examples and delivery method.
d. Experience in partnering, both formal and informal.
e. Provide two (2) owner references (including name, title, address, email
address, and phone number).
4. Describe the team’s commitment to the 27” Poudre Canyon Raw Waterline
Project and the availability of key members. The commitment of key personnel is
critical to the City of Fort Collins and the success of this project. It is the City’s
expectation that key members assigned to the project will remain throughout the
project and act as the City’s primary resources. Any replacement for key
individuals must be approved in advance and agreed to in writing by the City
Project Manager. Describe how the proposed team intends to stay engaged
throughout the project when it is likely there is potential for a pause between
design and construction.
5. Provide information regarding your firm’s suggestion for determining the level of
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effort proposed during the design phase. Who is responsible for determining the
level of effort by your team?
6. Indicate your availability to participate in the interviews on the proposed dates as
stated in the Schedule section.
D. Project Approach
For purposes of this section, assume that the design phase will focus on both
alternatives. Although a decision has not been made at this time, and the Contractor’s
input is desired to help make the final decision, with respect to the value of the
Contractor’s time in preparing this proposal – please focus solely on the Re-alignment
River Crossing Alternative for the remainder of the proposal sections.
1. Describe how the Contractor will help evaluate the two alternatives for this project
with the Project Team to determine the selected approach. Describe your means and
methods for engaging with the Project Team.
2. Provide a narrative identifying the Contractor’s approach to project risk, impacts, and
schedule.
3. Identify key risks, opportunities, and challenges of the Project for both the pre-
construction and construction phases of work.
4. Identify the major impacts and potential mitigation measures or unique solutions that
could be implemented to reduce risk or capitalize on opportunities.
5. Describe how the team will drive the construction schedule, while managing critical
paths, sequencing milestones, and mitigating risk.
6. Describe the value and innovation the team proposes to influence the delivery and
execution of the work.
7. Describe and estimate the percentage of work to be performed by the Contractor
compared to work performed by subcontractors.
E. Cost Factors
1. Phase I - Design/Pre-construction Cost Factors
Provide a detailed rate structure for services provided during the pre-construction
phase of the project. The rate structure should include:
a. A fee schedule of hourly billing rates for key project staff including their job
title.
b. A fee schedule for subcontractors by category and job title, if used, with
mark-up if applicable.
c. A list of direct costs and reimbursable expenses (e.g., travel, printing,
postage, etc.).
2. Phase II - Construction Cost factors (Re-alignment River Crossing Alternative only)
Establish in detail the factors which will be used in determining the final prices of
work on a cost-plus markup basis. These factors shall be comprehensive in
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establishing all costs to be applied to direct project labor, materials, subcontractors,
and equipment in determining the construction cost. Commitments shall include:
a. Markup for materials, equipment, and labor.
b. Markup on subcontractor work under the direction of the General Contractor.
c. Labor and material rates for all Subcontractor firms identified as part of the
Contractor Team and included in this proposal.
d. The costs of providing bonds and insurance for the project.
e. An overall list of your 2021 labor and equipment rates for a project of similar
scope as the 27” Poudre Canyon Raw Waterline Project.
f. Current General Conditions costs during construction, covering items such as
jobsite office, storage and tool trailers, dumpsters, and/or personnel vehicles,
Please note, General Conditions costs will be paid on a cost-plus markup
basis at the time of construction or as otherwise mutually agreed upon.
g. Provide recommendations regarding an annual escalation percentage, based
on relevant or regional indices, to use as justification for future increases
during the construction phase.
Contractor’s and key subcontractor firms are expected and required to have a
completely open book policy on all pricing of work throughout the duration of the
project. Reasonable labor rates and equipment costs may be negotiated and
updated on an annual basis.
F. Sample Cost Estimate/Schedule Development
The sample Cost Estimate/Schedule Development requirement is meant to demonstrate
the Contractor’s process and approach to building a cost estimate, applying cost factors,
and developing a corresponding schedule. The City understands this effort is preliminary
in nature and this portion of the proposal is not intended to seek bids for the project, but
rather to allow Contractors to show their pricing and scheduling process for a portion of
the overall project. Contract prices will be negotiated later with the firm that is awarded
the project.
For purposes of this section, the sample Cost Estimate and Schedule is to be based on
the Re-alignment River Crossing Alternative and specifically limited to just the portion of
the excavation, installation, concrete encasement, and backfill of the pipeline across the
Poudre River from STA 22+83.96 to STA 23+76.72 (as shown on Sheet 2 of the
Preliminary Plans for the Re-alignment River Crossing Alternative) and the water and
sediment control required to complete the work.
Even though the Preliminary Plans include both alternatives and additional detail beyond
these Station Locations, the sample Cost Estimate and Schedule is limited to the portion
described in the above paragraph. Additional Cost Estimates/Schedule Development are
not required nor desired.
Provide the following:
1. Provide a narrative of the work and include assumptions used to build the estimate
and schedule, potential construction issues/risks, sequences, means/methods, pipe
materials, equipment used, etc.
2. Use the cost factors developed in the previous section to develop a detailed cost
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estimate showing how cost factors are applied to labor rates, materials, equipment,
subcontractors, markup, etc. Assume this estimate will need to be presented in an
open book manner at an interview.
3. Develop an overall schedule for the portion of work including milestones, critical
paths, etc.
G. Safety
Provide an overview of the firm’s safety program and policies.
Contractor shall complete the attached Contractor Safety Form, Exhibit C.
H. Sustainability/TBL Methodology
In concise terms (no more than two pages), please describe your organization’s
commitment to sustainability and supporting values.
1. Address how your firm strives to incorporate all three aspects (social,
environmental, and economic) of Triple Bottom Line (TBL) sustainable practices
into the workplace. Provide examples along with any metrics used to measure
success within your firm.
2. Also provide examples of how your firm has incorporated all three aspects of TBL
sustainable practices in previous similar projects on which your firm has been the
prime Contractor.
Some examples are provided below:
1. Environmental – Experience delivering projects / programs focused on
environmental health priorities in the areas of climate resiliency, water quality and
watershed protection, regulatory performance, management systems, air quality,
renewable energy, sustainable building and design, construction materials
management, and solid waste reduction.
2. Economic – Experience working and delivering projects with an emphasis on
strategic financial planning, job creation, business development, asset management,
various project delivery methods, value engineering, regional partnerships,
transparency, stakeholder engagement, strategic investments, aging infrastructure,
repurposing of existing facilities, and competing financial priorities.
3. Social - Experience working and delivering projects, programs, and/or initiatives
that support Equity, Diversity, and Inclusion throughout your firm’s workplace,
including leadership, and supply chain. Examples of this may be demonstration of
working within cultural and language gaps, development of diversity programs,
diverse project teams, equitable opportunity vendor supply chain, and how your firm
has applied an equity lens to processes such as recruitment, hiring, purchasing,
career pathways, salaries, and staff engagement.
Each element of the TBL sustainability criteria will receive equal consideration in
determining the final Sustainability/TBL score.
I. Sample Agreement
Included with this RFP is a sample Master Agreement (Section VIII) that the City intends
to use for obtaining the services of the Contractor. The Contractor is required to review
this Master Agreement and indicate any objections to the terms of the contract. If revisions
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to the contractual terms are requested, provide suggested revisions.
J. Proposal Acknowledgment
A Contractor Statement 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.
VI. REVIEW AND ASSESSMENT CRITERIA
A. Written Proposal and Interview Evaluation Criteria
Contractors will be evaluated on the following criteria. These criteria will be the basis for
review and assessment of the written proposals and interviews. 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.
WEIGHTING
FACTOR QUALIFICATION STANDARD
35%
Firm Experience
and
Project Personnel
• Does the firm have the resources, capacity and support
capabilities required to successfully complete the
project on-time and in-budget?
• Has the Contractor completed Exhibit B and do they
have the preferred qualifications?
• 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 enough people of the requisite skills and
qualifications assigned to the project?
• Are roles and responsibilities of the project team clearly
identified?
• Does the project team demonstrate experience with, or
have a willingness to adapt to, an alternative delivery
method that includes early construction contractor
involvement?
• Has the project team demonstrated their availability,
willingness and long-term commitment to the project?
• Are the appropriate number of subcontractors/expertise
provided to execute the project?
• Does the Contractor Team interact effectively with each
other and with the Owner and Engineer (for
interviews)?
20% Project
Approach
• Does the proposal show an understanding of the
project objective, methodology to be used, and results
that are desired from the project?
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B. References
Prior to award, the Project Manager may check references. Negative responses from
references may impact the award determination.
• Has the Contractor described their design and pre-
construction involvement?
• Has the project team clearly identified the project
needs, risks, and challenges?
15%
Cost
Factors
• Are the proposed design billing rates reasonable and
competitive?
• Do the proposed construction cost factors compare
favorably with industry standards and other firms’
construction cost factors?
15%
Sample
Cost/Schedule
Development
• Does cost/schedule example clearly show how the cost
factors are applied to the estimate?
• Does the estimate align with the cost factors in Section
IV F?
• Is the schedule reasonable and does it demonstrate an
understanding of milestones and critical paths?
10% Safety
• Has the Contractor completed Exhibit C and have they
demonstrated a commitment towards safety?
• Has the Contractor provided information on how they
ensure safety programs and policies are complied
with, to include sub-contractors?
5% Sustainability/TBL
Methodology
• Does the firm demonstrate a commitment to
sustainability, and have they provided examples of how
they’ve incorporated all three aspects of the triple
bottom line practices in their organization and on
previous projects?
• Has the Contractor suggested sustainability
opportunities for this project?
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VII. 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 Master 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 there are no conflicts of interest for this project.
g. Contractor acknowledge 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.
8820 Directional Boring & Trenching RFP Page 25 of 133
VIII. SAMPLE AGREEMENT (FOR REFERENCE ONLY – DO NOT SIGN )
SERVICES AGREEMENT
WORK ORDER TYPE
THIS AGREEMENT made and entered into the day and year set forth below, by and
between THE CITY OF FORT COLLINS, COLORADO, a Municipal Corporation, hereinafter
referred to as the "City" and hereinafter referred to as "Service Provider".
WITNESSETH:
In consideration of the mutual covenants and obligations herein expressed, it is agreed by
and between the parties hereto as follows:
1. Services to be Performed.
a. This Agreement shall constitute the basic agreement between the parties for boring &
trenching services. The conditions set forth herein shall apply to all services performed
by the Service Provider on behalf of the City and particularly described in Work Orders
agreed upon in writing by the parties from time to time. Such Work Orders, samples
of which are attached hereto as Exhibit A & B, consisting of two (2) and ( )
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.
8820 Directional Boring & Trenching RFP Page 26 of 133
3. Time of Commencement and Completion of Services. The services to be performed
pursuant to this Agreement shall be initiated as specified by each written Work Order or oral
emergency service request. Oral emergency service requests will be acted upon without
waiting for a written Work Order. Time is of the essence.
4. Contract Period. This Agreement shall commence February 1, 2019 and shall continue in
full force and effect until January 31, 2020, unless sooner terminated as herein provided. In
addition, at the option of the City, the Agreement may be extended for additional one year
periods not to exceed four (4) additional one year periods. Renewals and pricing changes
shall be negotiated by and agreed to by both parties. Written notice of renewal shall be
provided to the Service Provider and mailed no later than thirty (30) days prior to contract
end.
5. Delay. If either party is prevented in whole or in part from performing its obligations by
unforeseeable causes beyond its reasonable control and without is fault or negligence, then
the party so prevented shall be excused from whatever performance is prevented by such
cause. To the extent that the performance is actually prevented, the Service Provider must
provide written notice to the City of such condition within fifteen (15) days from the onset of
such condition.
6. Early Termination by City/Notices. Notwithstanding the time periods contained herein, the
City may terminate this Agreement at any time without cause by providing written notice of
termination to the Service Provider. Such notice shall be mailed at least fifteen (15) days
prior to the termination date contained in said notice unless otherwise agreed in writing by
the parties. All notices provided under this Agreement shall be effective when mailed,
postage prepaid and sent to the following address:
Service Provider: City: Copy to:
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
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performance of the work the sums set forth for the hourly labor rate and material costs,
with markups, stated within the Bid Schedule Proposal Form, attached hereto as Exhibit
, 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.
8820 Directional Boring & Trenching RFP Page 28 of 133
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
8820 Directional Boring & Trenching RFP Page 29 of 133
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 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.
8820 Directional Boring & Trenching RFP Page 30 of 133
d. If Service Provider obtains actual knowledge that a subcontractor performing work
under this Agreement knowingly employs or contracts with an illegal alien, Service
Provider shall:
1. Notify such subcontractor and the City within three days that Service Provider has
actual knowledge that the subcontractor is employing or contracting with an illegal
alien; and
2. Terminate the subcontract with the subcontractor if within three days of receiving the
notice required pursuant to this section the subcontractor does not cease employing
or contracting with the illegal alien; except that Service Provider shall not terminate
the contract with the subcontractor if during such three days the subcontractor
provides information to establish that the subcontractor has not knowingly employed
or contracted with an illegal alien.
e. Service Provider shall comply with any reasonable request by the Colorado
Department of Labor and Employment (the “Department”) made in the course of an
investigation that the Department undertakes or is undertaking pursuant to the
authority established in Subsection 8-17.5-102 (5), C.R.S.
f. If Service Provider violates any provision of this Agreement pertaining to the duties
imposed by Subsection 8-17.5-102, C.R.S. the City may terminate this Agreement. If
this Agreement is so terminated, Service Provider shall be liable for actual and
consequential damages to the City arising out of Service Provider’s violation of
Subsection 8-17.5-102, C.R.S.
g. The City will notify the Office of the Secretary of State if Service Provider violates this
provision of this Agreement and the City terminates the Agreement for such breach.
23. Dust Control. The Service Provider shall abide by the City of Fort Collins “Dust Control and
Prevention Manual,” which is available for public download at
https://www.fcgov.com/airquality/pdf/dust-prevention-and-control-manual.pdf, and is
incorporated herein by this reference. The City of Fort Collins has implemented this manual
for all projects performed for the City of Fort Collins or located within the City of Fort Collins
City limits.
24. Haul Routes. All trucks used for work contracted by the City utilizing asphalt from the asphalt
plant located at 1800 North Taft Hill Road may only enter North Taft Hill Road from the North
using CR 54 G and only exit the site on North Taft Hill Road to the North to CR 54G.
25. Special Provisions. Special provisions or conditions relating to the services to be performed
pursuant to this Agreement are set forth in Exhibit - 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.
8820 Directional Boring & Trenching RFP Page 31 of 133
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:
8820 Directional Boring & Trenching RFP Page 32 of 133
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:
8820 Directional Boring & Trenching RFP Page 33 of 133
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)
8820 Directional Boring & Trenching RFP Page 34 of 133
EXHIBIT B
WORK ORDER FORM (Construction over $100,000)
FORT COLLINS UTILITIES
CONSTRUCTION WORK ORDER
PROJECT TITLE
WORK ORDER NO. PM'S TRACKING #
CONTRACTOR: Company Name
8820 Directional Boring & Trenching RFP Page 35 of 133
TABLE OF CONTENTS
AGREEMENT FORMS
00525 Work Order, Notice of Award & Bid Schedule
00530 Work Order Notice to Proceed
00600 Bonds and Certificates
00610 Performance Bond
00615 Payment Bond
00630 Certificate of Insurance
00635 Certificate of Substantial Completion
00640 Certificate of Final Acceptance
00650 Lien Waiver Release (CONTRACTOR)
00651 Lien Waiver Release (SUBCONTRACTOR)
00660 Consent of Surety
00670 Application for Exemption Certificate
00800 Supplementary Conditions
00900 Addenda, Modifications and Payment
00950 Work Order Change Order Form
00960 Application for Payment
ADDITIONAL DOCUMENTS
Attachment A DRAWING INDEX
8820 Directional Boring & Trenching RFP Page 36 of 133
SECTION 00500
CONSTRUCTION WORK ORDER AGREEMENT FORMS
00525 Work Order, Notice of Award & Bid Schedule
00530 Work Order Notice to Proceed
8820 Directional Boring & Trenching RFP Page 37 of 133
SECTION 00525
WORK ORDER, NOTICE OF AWARD AND BID SCHEDULE
TO: Company Name
WORK ORDER NUMBER: PM's Tracking #
PROJECT TITLE:
ORIGINAL BID/RFP NUMBER & NAME:
MASTER AGREEMENT EFFECTIVE DATE: Original Contract Date
ARCHITECT/ENGINEER: If using a 3rd party architect/engineer or can
be City PM/Engineer
OWNER’S REPRESENTATIVE: City PM
WORK ORDER COMMENCEMENT DATE:
MAXIMUM FEE: (time and reimbursable direct costs):
NOTICE OF AWARD DATE: Date of this Document
OWNER: City of Fort Collins (hereinafter referred to as OWNER)
1. WORK. Pursuant to your MASTER AGREEMENT with OWNER dated Original
Contract Date, and your Work Order Proposal dated Date of Quote, you have been
awarded a Work Order for Project Title.
PROJECT DESCRIPTION & SITE LOCATION:
2. CONTRACT PRICE, BONDS AND CERTIFICATES. The price of your Work Order is
Written Dollar Amount ($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 ($Numerical Dollar Amount) for
each calendar day or fraction thereof after Date until the work is Substantially
Complete.
8820 Directional Boring & Trenching RFP Page 38 of 133
2) Final Acceptance: After Substantial Completion, Written Dollar Amount
($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:
8820 Directional Boring & Trenching RFP Page 39 of 133
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:
8820 Directional Boring & Trenching RFP Page 40 of 133
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)
8820 Directional Boring & Trenching RFP Page 41 of 133
BID SCHEDULE
Insert Work Order Quote/Proposal Here
8820 Directional Boring & Trenching RFP Page 42 of 133
SECTION 00530
WORK ORDER NOTICE TO PROCEED
NOTICE TO PROCEED DATE:
WORK ORDER TITLE:
WORK ORDER NUMBER:
TO:
Attn:
This notice is to advise you:
That the Work Order and all amendments and supplements to the Work Order Documents
covering the above described Work have been fully executed by the CONTRACTOR and the
OWNER. That the required CONTRACTOR's Performance and Payment Bonds and insurance
have been received by the OWNER. That the OWNER has approved the said Work Order and
Work Order Documents.
Therefore, as the CONTRACTOR for the above described Work, you are hereby authorized and
directed to proceed within ( ) calendar days from receipt of this notice as required
by the Work Order and the AGREEMENT.
The dates for Substantial Completion and Final Acceptance shall be , and ,
respectively.
Dated this _____________ day of ___________, _____.
CITY OF FORT COLLINS (OWNER)
By:
Name, Title
ACKNOWLEDGMENT OF NOTICE
Receipt of the above Work Order Notice to Proceed is hereby acknowledged this Day day of
Month, Year.
(CONTRACTOR)
By: ___________________________________________
Name, Title
8820 Directional Boring & Trenching RFP Page 2 of 133
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
8820 Directional Boring & Trenching RFP Page 3 of 133
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.
8820 Directional Boring & Trenching RFP Page 4 of 133
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.
8820 Directional Boring & Trenching RFP Page 5 of 133
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.
8820 Directional Boring & Trenching RFP Page 6 of 133
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.
8820 Directional Boring & Trenching RFP Page 7 of 133
SECTION 00630
CERTIFICATE OF INSURANCE
CONTRACTOR shall submit Certificate of Insurance in compliance with the Work Order
Documents.
8820 Directional Boring & Trenching RFP Page 8 of 133
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: _________________________________________________________________
____________________________________________________________________________
____________________________________________________________________________
8820 Directional Boring & Trenching RFP Page 9 of 133
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
8820 Directional Boring & Trenching RFP Page 10 of 133
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.
8820 Directional Boring & Trenching RFP Page 11 of 133
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
8820 Directional Boring & Trenching RFP Page 12 of 133
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.
8820 Directional Boring & Trenching RFP Page 13 of 133
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
8820 Directional Boring & Trenching RFP Page 14 of 133
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)
8820 Directional Boring & Trenching RFP Page 3 of 133
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 $ -
$ -
$ -
$ -
$ -
8820 Directional Boring & Trenching RFP Page 5 of 133
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
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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
2. 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.
Page 11 of 133
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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9234 Contractor Services for 27” Poudre Canyon Raw Waterline Project Page 66 of 133
EXHIBIT A
MUTUAL NON-DISCLOSURE AGREEMENT
(NOT TO BE COMPLETED AT THIS TIME)
THIS MUTUAL NON-DISCLOSURE AGREEMENT (this “Agreement”), effective as of the
day of , 20 , is between the City of Fort Collins, a Colorado home rule municipal
corporation (the “City”), and (“Vendor”). The City and Vendor may hereinafter be referred
to individually as a “Party” or collectively as the “Parties.”
WHEREAS, Vendor and the City may engage in discussions concerning construction of the 27-
Inch Poudre Canyon Raw Waterline Project and a potential business arrangement (the
“Purpose”); and
WHEREAS, in the course of discussions, communications, and/or negotiations each Party may
disclose to and/or receive from the other Party certain information belonging to the disclosing
Party or its affiliates (collectively, the “Discloser”) that includes trade secrets, privileged
information, or confidential commercial and information (“Confidential Information”);
NOW, THEREFORE, in consideration of the foregoing and of the mutual covenants and promises
set forth herein and for other good and valuable consideration, the receipt and sufficiency of which
are hereby acknowledged, the Parties agree as follows:
1. Records maintained by the City are subject to public disclosure pursuant to the Colorado
Open Records Act (“CORA”). Certain confidential business records are exempt. If Vendor
provides to the City documents that include trade secrets, privileged information, or
confidential commercial or financial information, Vendor shall segregate any documents
including such information from other documents provided to the City and shall clearly
identify such documents with a stamp, watermark or other clear mark identifying the
documents as confidential pursuant to CORA.
2. The Party receiving Confidential Information (the “Recipient”) (i) shall use such
Confidential Information only for the Purpose; (ii) shall reproduce such Confidential
Information only to the extent necessary for the Purpose; (iii) shall restrict disclosure of
such Confidential Information to its, and its affiliates', employees and agents who need to
know such Confidential Information to carry out the Purpose and who are not direct
competitors of the Discloser (and require such employees and agents to undertake
confidentiality and use obligations at least as restrictive as those Recipient assumes
herein); (iv) shall not disclose such Confidential Information to any other Party without prior
written approval of Discloser; and (v) shall protect such Confidential Information with at
least the same degree of care as it normally exercises to protect its own proprietary
information of a similar nature, which shall be no less than reasonable care. If Recipient
discloses Confidential Information to an employee, affiliate, or other person in accordance
with the terms of this Agreement, any subsequent disclosure or use of such Confidential
Information by such employee, affiliate, or other person shall be deemed a disclosure or
use by Recipient and Recipient shall be responsible for such disclosure or use. The
Recipient shall immediately notify the Discloser upon the discovery of any loss or
unauthorized disclosure or use of the Confidential Information of the Discloser.
3. The restrictions on use and disclosure of Confidential Information shall not apply unless
such Confidential Information, when in tangible, electronic or viewable form is marked
confidential or proprietary by Discloser, or when disclosed only orally is both identified as
9234 Contractor Services for 27” Poudre Canyon Raw Waterline Project Page 67 of 133
confidential or proprietary at the time of disclosure and summarized in a writing so marked
and provided to Recipient within thirty (30) days following the oral disclosure; except that
any unmarked material and any verbally disclosed information that Recipient knows or
reasonably should know to contain Confidential Information of the Discloser, including but
not limited to business or technical information not generally known to the public, such as
patents, copyrights, trademarks and trade secrets, as well as all written or oral pricing and
contract proposals exchanged between the Parties shall be subject to the use and
disclosure restrictions of this Agreement. Within the 30-day period referenced above, all
Confidential Information communicated only orally shall be subject to the use and
disclosure restrictions of this Agreement.
4. The restrictions on the use or disclosure of Confidential Information shall not apply to any
information:
a. Which is independently developed by the Recipient as evidenced by
documentation in such Party's possession; or
b. Which is lawfully received from another source free of restriction and without
breach of this Agreement by the Recipient; or
c. After it has become generally available to the public without breach of this
Agreement by the Recipient; or
d. Which at the time of disclosure to the Recipient was known to the Recipient free of
restriction as evidenced by documentation in such Party's possession; or
e. Which the Discloser agrees in writing is free of such restrictions.
5. All Confidential Information shall remain the exclusive property of the Discloser, and no
license under any intellectual property right is either granted or implied by this Agreement
or the conveying of Confidential Information to Recipient hereunder. Discloser makes no
representations, warranties, assurances, guarantees or inducements of any kind, and, in
particular, with respect to the non- infringement of any intellectual property rights, or other
rights of third persons or of Discloser.
6. Neither this Agreement nor the disclosure or receipt of Confidential Information hereunder
shall constitute or imply any promise or intention by either Party to enter into any
transaction or business relationship, nor is it an inducement for either Party or its affiliated
companies to spend funds or resources or purchase or provide products or services, nor is
it any commitment by either Party or its affiliated companies with respect to the present or
future marketing of any product or service. No such agreement will be binding unless and
until stated in a separate writing signed by authorized representatives of both Parties.
7. Each Party agrees not to announce or disclose to any other person (other than persons
described in Section 2(iii), above) the Confidential Information or the nature of any
discussions concerning the Purpose without first securing the prior written approval of the
other Party. All Confidential Information furnished hereunder shall be returned or
destroyed upon written request or upon Recipient’s determination that it no longer has a
need for such Confidential Information, except that Recipient’s legal counsel may retain
one copy in counsel’s files solely to provide a record of such Confidential Information for
archival purposes.
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8. The restrictions on use and disclosure of Confidential Information disclosed hereunder
shall survive for a period of three (3) years from the date of last disclosure of any such
Confidential Information (except in the case of software, for an indefinite period). Either
Party may terminate this Agreement upon thirty (30) days advance written notice to the
other.
9. All notices or communications required or permitted as a part of this Agreement shall be in
writing (unless another verifiable medium is expressly authorized) and shall be deemed
delivered when:
a. actually received,
b. upon receipt by sender of a certified mail, return receipt signed by an employee or
agent of the Party,
c. upon receipt by sender of proof of email receipt, or
d. if not actually received, ten (10) days after deposit with the United States Postal
Service authorized mail center with proper postage (certified mail, return receipt
requested) affixed and addressed to the respective other party at the address set
forth in this Agreement or such other address as the Party may have designated by
notice or Agreement amendment to the other Party.
The consequences of failure to receive a notice due to improper notification by the
intended Recipient of a new address will be borne by the intended Recipient. The
addresses of the Parties to this Agreement are as follows:
City of Fort Collins
215 N. Mason
PO Box 580
Fort Collins, CO 80522
Attention: Project Manager Attention: Purchasing Director
10. This Agreement shall not be construed to limit either Party's right to independently develop
or acquire products or services without use of the other Party's Confidential Information.
11. The restrictions on disclosure of Confidential Information under this Agreement shall not
preclude Recipient, on the advice of counsel, from complying with applicable law,
regulation, other governmental requirement or other demand under lawful process,
including a discovery request in a civil litigation, if Recipient first gives Discloser notice of
the required disclosure and cooperates with Discloser, at Discloser’s expense, in seeking
reasonable protective arrangements. In no event shall Recipient be required to take any
Action which, on the advice of Recipient’s counsel, could result in the imposition of any
sanctions or other penalties by a court or government body.
12. Neither Party has any obligation to disclose Confidential Information to the other. Either
Party may, at any time: (i) cease giving Confidential Information to the other Party without
any liability, or (ii) request in writing return of Confidential Information previously disclosed.
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13. Recipient acknowledges that Confidential Information provided under this Agreement may
be subject to U.S. export laws or regulations. Recipient shall not use, distribute, transfer or
transmit Confidential Information (even if incorporated into products, software or other
information) except in compliance with such laws and regulations. If requested, Recipient
shall sign written assurances and other export-related documents as may be required to
comply with such laws or regulations.
14. Each Party agrees that all of its obligations undertaken herein as Recipient shall survive
and continue after any termination of this Agreement, subject to Section 8 above.
15. No amendment or modification of this Agreement shall be valid or binding on the Parties
unless made in writing and signed by duly authorized representatives of each Party.
16. Subject to the limitations set forth in this Agreement, this Agreement will inure to the
benefit of and be binding upon the Parties. This Agreement may not be assigned by one
Party without the other Party's prior written consent.
17. If any provision of this Agreement shall be held by a court of competent jurisdiction to be
illegal, invalid or unenforceable, the remaining provisions shall remain in full force and effect
to the greatest extent permitted by law.
18. No forbearance, failure or delay in exercising any right, power or privilege is waiver
thereof, nor does any single or partial exercise thereof preclude any other or future
exercise thereof, or the exercise of any other right, power or privilege. This Agreement is
binding upon and inures to the benefit of the Parties and their heirs, executors, legal and
personal representatives, successors and assigns, as the case may be.
19. This Agreement shall be governed by the laws of the State of Colorado, U.S.A., without
regard to its conflicts of law principles. Each Party acknowledges and agrees that a breach
by it or one of its affiliates, employees or representatives of any of the covenants set forth
in this Agreement will cause irreparable injury to the other Party and its business for which
damages, even if available, will not constitute an adequate remedy. Accordingly, each
Party, for itself and its affiliates, employees and representatives, agrees that the other
Party, in addition to any other remedy available at law or in equity, shall be entitled to the
issuance of injunctive relief (including, without limitation, specific performance) by a court
of competent jurisdiction in order to enforce the covenants and agreements contained
herein.
20. Any judicial proceeding brought by or against any of the Parties on any dispute arising out
of this Agreement or any matter related hereto shall be brought exclusively in the state
district court sitting in Larimer County, Colorado, and by execution and delivery of this
Agreement, each of the Parties accepts for itself the exclusive jurisdiction and venue of the
aforesaid court as trial courts. Each Party expressly waives any objection (including,
without limitation, objections based on forum non conveniens) which any Party may have
now or hereafter to the laying of venue or to the jurisdiction of any such suit, action, or
proceeding, and irrevocably submits generally and unconditionally to the jurisdiction of any
such court in any such suit, action, or proceeding. Each Party agrees that its attorneys
shall accept service of process.
21. This Agreement constitutes the entire understanding between the Parties as to the
treatment of Confidential Information disclosed for the Purpose and merges all prior
discussion between them relating thereto. Each Party has read this Agreement,
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understands it and agrees to be bound by its terms and conditions. This Agreement may
be executed in counterparts, each of which shall be deemed an original, but all of which
taken together shall constitute one single agreement between the Parties. Signatures
exchanged by facsimile or other electronic means are effective for all purposes hereunder
to the same extent as original signatures.
IN WITNESS WHEREOF, the Parties have executed this Agreement as of the date first set forth
above.
CITY OF FORT COLLINS, COLORADO
By:
By:
Printed:
Printed:
Title:
Title:
9234 Contractor Services for 27” Poudre Canyon Raw Waterline Project Page 71 of 133
EXHIBIT B
PREFERRED QUALIFICATIONS & EXPERIENCE
Contractor shall complete the following checklist (Y/N).
Examples and references are requested in the Proposal. A single project may be used to
meet more than one of the described qualifications. In all instances, experience and
projects completed must be within the past 10 years.
Contractor may add rows to the table if explanations are required.
Qualification Details Response
(Y/N)
1
Experience installing
water conveyance
pipelines and
infrastructure
Contractor has completed at least two
projects (including design and construction
phase services) which included 24-inch (or
larger) diameter pipe, greater than 500 LF in
length.
2 Experience working in
a flowing river
Contractor has completed at least two
projects in a flowing river which included
water control, dewatering, and sediment
management activities.
3
Experience working in
tight, constrained
corridors such as
narrow alleys or roads
Contractor has completed at least two
infrastructure water, wastewater, or
stormwater projects in constrained corridors.
4
Experience with
excavation and pipe
construction in highly
variable subsurface
conditions and
oversized materials.
Contractor or subcontractor on proposed
Team has completed at least two
infrastructure projects that required work in
highly variable subsurface conditions
including cobbles, large boulders, and
oversized materials that required use of
expansive grout, rock hammers, and blasting
work to excavate oversized subsurface
materials.
5
Experience
performing work
within strict permitting
environments
Contractor has completed at least two
projects where strict permitting compliance
was required and managed and included
field verifications and documentation to
support compliance.
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EXHIBIT C
CONTRACTOR SAFETY FORM
Please complete the following form to provide information about your Company’s safety records
and procedures. This information will be included in the evaluation of the submitted proposal.
We reserve the right to request additional documentation, at any point, that supports the
accuracy of this form.
Section 1. General Information
Company Name
Number of Employees Full Time: Part Time: Seasonal:
Insurance Carrier
Self-insured for Workers Compensation? Y N
Section 2. Health and Safety Professional Information
Do you have a full-time dedicated Safety Officer? Y N
If Yes, provide the following information for the dedicated Safety Officer:
Name:
Title:
Phone Number:
Email:
If No, provide the following information of the person responsible for safety in your company:
Name:
Title:
Phone Number:
Email:
Section 3. Health and Safety Program
Is there a written Company Safety Program Y N
Does the written Company Safety Program cover the work activities proposed by your
Company for this project? Y N
Does the written Company Safety Program include the following:
Health and Safety Training Y N
Employee/Management Responsibility Y N
Hazard Recognition and Control Y N
Incident Reporting and Investigation Y N
Describe a typical job site safety briefing (time, location, frequency, topics, documentation)
9234 Contractor Services for 27” Poudre Canyon Raw Waterline Project Page 73 of 133
How do you ensure safety to include subcontractor compliance through the project?
Do you perform Job Hazard Analysis regularly and document them? Y N
How often do you conduct Health and Safety audits or inspections?
Do you have a corrective action plan for any findings? Y N
Section 4. Training and Certifications
List required safety training ALL employees receive:
List specialized safety training employees receive as needed:
Do you maintain records of all safety training and certifications? Y N
Section 5. Health and Safety Records
List the Company’s Experience Modification Rate (EMR) for the previous 3 years
Year: EMR:
Year: EMR:
Year: EMR:
For any EMR greater than 1, provide an explanation for the rating and describe the corrective
action taken by the Company. Use additional pages if needed.
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Provide the number of injuries and illnesses recorded (OSHA 300 log or equivalent) in the
previous 3 years:
Calendar Year Year: Year: Year:
Number of Fatalities
Number of OSHA recordable cases
Number of OSHA restricted only cases
Number of OSHA lost time cases
OSHA recordable incident rate
Number of recordable cases x 200,000
Number of hours worked
OSHA restricted only incident rate
Number of restricted only cases x 200,000
Number of hours worked
OSHA lost time incident rate
Number of lost time cases x 200,000
Number of hours worked
Average number of employees on payroll
Have any OSHA citations been issued to the Company in the past 3 years: Y N
If yes, list the citations and for each, provide an explanation for the citation and describe the
corrective action taken by the Company. Limit your response to projects that have occurred in
the Rocky Mountain region. Use additional pages if needed.
9234 Contractor Services for 27” Poudre Canyon Raw Waterline Project Page 75 of 133
6
Experience with
Alternative Project
Delivery Systems
Contractor Team has been part of at least
two projects that utilized an Alternative
Project Delivery System, CM/GC method, or
other similar project delivery method that
incorporated collaborate project teams and
partnering with Owners, Engineers, and
Contractors during both the design and
construction phases.
$ -
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
UOMComplete
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:
5
Experience
performing work
within strict permitting
environments
Contractor has completed at least two
projects where strict permitting compliance
was required and managed and included