HomeMy WebLinkAboutRFP - 8286 CONSTRUCTION CONTRACTOR FOR PROJECTS AT THE WATER & WASTEWATER TREATMENT FACILITIES (2)RFP 8286 Page 1 of 116
REQUEST FOR PROPOSAL
8286 CONSTRUCTION CONTRACTOR FOR PROJECTS AT THE WATER AND
WASTEWATER TREATMENT FACILITIES
The City of Fort Collins is requesting proposals from qualified construction contractors to serve
as the General Contractor and provide assistance during the project design phase for the
following types of capital infrastructure improvement projects:
Water Resource and Treatment Facilities: These projects will vary in size and
complexity and can include buildings, basins, process equipment, and on-site and off-
site treatment infrastructure.
Water Reclamation and Bio-Solids Facilities: These projects will vary in size and
complexity and can include buildings, basins, process equipment, and on-site and off-
site treatment infrastructure.
As part of the City’s commitment to Sustainable Purchasing, proposals submission via
email is preferred. Proposals shall be submitted in a single Microsoft Word or PDF file
under 20MB and e-mailed to: purchasing@fcgov.com. If electing to submit hard copy
proposals instead, eight (8) copies, will be received at the City of Fort Collins' Purchasing
Division, 215 North Mason St., 2nd floor, Fort Collins, Colorado 80524. Proposals must be
received before 3:00 p.m. (our clock), May 16, 2016 and referenced as Proposal No. 8286.
If delivered, they are to be sent to 215 North Mason Street, 2nd Floor, Fort Collins, Colorado
80524. If mailed, the address is P.O. Box 580, Fort Collins, 80522-0580. Please note,
additional time is required for bids mailed to the PO Box to be received at the Purchasing
Office.
The City encourages all Disadvantaged Business Enterprises (DBEs) to submit proposals in
response to all requests for proposals. No individual or business will be discriminated against
on the grounds of race, color, sex, or national origin. It is the City’s policy to create a level
playing field on which DBEs can compete fairly and to ensure nondiscrimination in the award
and administration of all contracts.
All questions must be submitted in writing via email to Pat Johnson, no later than 5:00
PM our clock on May 6, 2016. Questions received after this deadline will not be answered.
A copy of the RFP may be obtained at www.rockymountainbidsystem.com.
The City of Fort Collins is subject to public information laws, which permit access to most
records and documents. Proprietary information in your response must be clearly identified and
will be protected to the extent legally permissible. Proposals may not be marked ‘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
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
RFP 8286 Page 2 of 116
Vendor Direct Deposit Authorization Form can be found on the City’s Purchasing website at
www.fcgov.com/purchasing under Vendor Reference Documents.
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.
Sustainability: Consulting firms/teams participating in the proposal are to provide an overview of
the organization’s philosophy and approach to Sustainability. In no more than two (2) pages
please describe how your organization strives to be sustainable in the use of materials,
equipment, vehicles, fuel, recycling, office practices, etc. The City of Fort Collins incorporates
the Triple Bottom Line into our decision process by including economic (or financial),
environmental, and social factors in our evaluation.
The selected Service Provider shall be expected to sign the City’s standard Agreement without
revision prior to commencing Services (see sample attached to this Proposal).
Sincerely,
Gerry S. Paul
Purchasing Director
RFP 8286 Page 3 of 116
I. PURPOSE
The purpose of the RFP is to select a contractor who can provide general construction and
design assistance services for Water/Wastewater Treatment and Site Infrastructure Capital
Projects or similar projects.
II. SCOPE OF SERVICES
A. Alternative Product Delivery System (APDS)
Projects awarded under this contract will be managed utilizing the Utilities’ Alternative
Product Delivery System (APDS). Experience with the APDS or a similar system of
design and construction is critical. The selected contractor will become a member of the
“Project Team” which consists of the Contractor, sub-contractors, the Engineering
Consultants, and the City of Fort Collins Utilities Project Management Staff. This team
will work together from the start of project design through the project completion. Our
mutual goal is to establish an atmosphere of respect, responsibility, and trust resulting in
successful project implementation and ultimately superior projects for the City of Fort
Collins Utilities’ customers.
Each team member has significant involvement in the design and construction concepts
that are utilized for the successful completion of Utility capital projects. Participation by
all team members throughout the project is expected and the City encourages innovation
to provide an enhanced project quality and value.
Work will be assigned on an as needed basis with the scope of work to be defined, cost
identified and a work order negotiated prior to the time the work on each project is
commenced.
B. Scope of Work
The following are the types of capital infrastructure improvement projects that the
awarded Contractor would serve as the General Contractor and provide assistance on
during the project design phase:
Water Resource and Treatment Facilities: These projects will vary in size and
complexity and can include buildings, basins, process equipment, and on-site
and off-site treatment infrastructure.
Water Reclamation and Bio-Solids Facilities: These projects will vary in size and
complexity and can include buildings, basins, process equipment, and on-site
and off-site treatment infrastructure.
The Contractor can expect to provide services during two major project phases:
Project Design Phase
The selected Contractor will function as part of the Project Team and attend
design meetings, as needed, during conceptual, preliminary, and final design of
Utility Capital Projects.
The selected Contractor is expected to bring to the table their construction
experience and actively assist the Project Team on issues of constructability,
materials selection, scheduling, cost estimating and contract requirements. An
innovative approach to solving difficult construction problems is recommended.
The selected Contractor will also assist the Project Team in developing positive
public relations, investigating and recommending methods to reduce construction
impacts to the public, and anticipating and planning for potential adverse site
RFP 8286 Page 4 of 116
conditions.
Project Construction Phase
This list is not intended to be inclusive of all possible services that could be required, but
rather to give a good representation of those possible.
The selected Contractor will serve as the General Contractor on selected Utilities
Water and Wastewater projects.
The selected Contractor will function as part of the Project Team during
construction with the primary goal of a successful project for all team members.
The selected Contractor will be expected to provide construction services for a
wide variety of Utility infrastructure improvements. Examples include water
treatment facility and wastewater treatment facility additions and improvements.
Construction of manholes, curb inlets, concrete cast in place structures,
trenching, concrete flatwork, paving and landscaping.
Construction services are to include the following as necessary; full time site
supervision; applicable construction permits; stormwater management; site
protection and security; traffic control; emergency response; warranty and
management of project safety and quality control.
Project work will be paid by one of three methods using a work order system:
on a time and material basis from rates submitted as part of the RFP which may
be renegotiated annually.
on a negotiated unit price contract determined before the work is started, or
on a lump sum basis determined before the work is started.
Costs for the work are not limited nor are they defined at this time. As part of the Work
Order negotiations the complete scope of the work will be determined for each individual
project. Projects are frequently phased and costs are negotiated as each phase is
identified and the design completed.
C. AWARD
The intent of the City of Fort Collins Utilities is to award a contract to one qualified
Contractor for construction services during the assessment, design and construction
phases of improvement and rehabilitation projects. The selected Contractor may be
retained by the City of Fort Collins Utilities annually for up to five (5) years to provide
design assistance and general construction services for projects.
D. PROJECT SCHEDULE
The overall delivery schedule for the selection process is estimated as follows:
Issuance of RFP April 25, 2016
Pre-Proposal Visit May 2, 2016 1:00 p.m. to 3:00 p.m.
Final Questions Due May 6, 2016
RFP Proposals Due May 16, 2016
Notice of Short List June 1, 2016
Interviews (tentative) June 13-15, 2016
RFP 8286 Page 5 of 116
Contract Start mid July 2016
E. INTERVIEWS
In addition to submitting a written proposal, finalists may be interviewed by the City of
Fort Collins and asked to provide an oral presentation about their company and
approach to the work.
F. PRE-PROPOSAL VISIT FOR PROPOSED FUTURE PROJECT
Contractors are strongly encouraged to attend a pre-proposal visit scheduled from 1
p.m. to 3 p.m. on May 2, 2016 at the Drake Water Reclamation Facility, 3036
Environmental Drive, Fort Collins, CO 80525. This is the only opportunity to review the
proposed future project site, discuss constraints and ask questions about the proposed
project, which is described in further detail in III. Proposal Submittal Section, Section C.
The City will begin a presentation of the project sharply at 1:15 p.m. The presentation
will not be repeated and only questions clarifying details about this future project will be
answered as Contractors explore and view the current configuration.
G. USE OF SUB-CONTRACTORS/PARTNERS
There may be areas for use of sub-contractors from the award of this RFP. Contractors
will be responsible for identifying the sub-contractors needed during the scope of work
negotiation.
While the City contracts solely with the Contractor and sub-contractors remain the sole
responsibility of the Contractor, these sub-contractors become part of the APDS team.
H. REFERENCE
1. Construction documents will be prepared using the City of Fort Collins modified
EJCDC General Conditions and City standard contract documents. These
documents are attached.
The City of Fort Collins is in the process of updating the City modified version of the
EJCDC documents. We anticipate finalizing the new document later this year and
intend to incorporate it via amendment to the awarded contracts.
2. The City of Fort Collins has adopted a new Dust Prevention and Control Manual:
http://www.fcgov.com/purchasing/pdf/dust_prevention_control_manual.pdf. All
operations conducted under this Agreement shall be performed in accordance with
the stated procedures and requirements.
I. LENGTH OF PROPOSALS
Limit the total length of your proposal to a maximum of 50 pages (8.5 x 11” only)
(excluding covers, table of contents, dividers, sustainability response and proposal
acknowledgement form). The Fee Schedule may be 11 x 17” if necessary (2 pages). The
Director of Purchasing may reject proposals received that are longer than 50 pages in
length.
J. WORK ORDER PROCEDURES
As work arises, the City will contact the awarded Contractor and discuss the scope of
work, ensuring that the Contractor’s team is a good fit for the work and the Contractor
has the time available for the project. The Contractor then attends the design meetings
providing input based on construction experience and expertise.
RFP 8286 Page 6 of 116
The Scope of Work to be performed will be negotiated and then authorized through
Work Orders. The Contractor will create a Scope of Work/Work Order for the design
phase of the project and subsequent construction phases. Projects are frequently
phased with costs negotiated as each phase is identified and the design completed. All
Work Order costs over $300,000 will be verified by an independent cost estimate.
The Contractor shall provide all personnel, equipment and supplies necessary to
complete the services set forth in the scope of work. Total project time, fees, bonds, any
retainage clause, and any applicable liquidated damages clause will be detailed as part
of the project Scope of Work/Work Order for each individual project. Fees will be based
on those submitted in the RFP response and negotiated in an “open book” manner.
K. METHOD OF PAYMENT
The Contractor shall receive payments for satisfactorily completed work based on
verified progress by submitting a correct invoice to the City Project Manager after review
and authorization.
Payments will be made using the prices listed on the agreed-to Price Schedule for the
Work Order. 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 Contractor initiating such work, based on the fees submitted in the RFP
response.
III. PROPOSAL SUBMITTAL
Qualified contractors interested in performing the work described in this request for
proposals should submit a proposal including the information requested below, at a
minimum. A proposal that does not include all of the information required may be deemed
incomplete and non-responsive.
Responses must include all of the items in the order listed below. It is suggested that the
Contractors include each of the City’s questions with their response immediately following
the question.
The Contractor should submit the resources, manpower, ability and commitment to provide
construction services in a timely and cost effective manner on an as needed basis.
Contractors should emphasize the types of construction that their firm is capable of
performing and their experience and expertise in performing this specific type of work.
The City realizes that this on call service is difficult to plan for. The City will strive to provide
as much lead time as practical for the selected contractors to prepare for this work.
Emergency repair services are usually extremely critical in nature and must be fixed quickly.
Address how you would propose to meet the need for 24/7 response.
The Contractor should provide the following information:
A. EXECUTIVE SUMMARY
The Executive Summary should highlight the content of the proposal and features of the
program offered, including a general description of the program and any unique aspects
or benefits provided by your firm.
Exceptions to the Sample Construction Agreement (attached) are to be noted in the
Executive Summary.
RFP 8286 Page 7 of 116
If your Financial Information submittal is to be password protected, please provide the
password in the Executive Summary.
B. GENERAL COMPANY INFORMATION
1. Provide the following information:
Name of firm, phone number, e-mail address, fax number, street and mailing
addresses, office locations, any previous names of firm in last 10 years, and date
established. Complete the attached Proposal Acknowledgement form.
2. Provide a document with the following information regarding projects from the last
five (5) years. The document will be used throughout the City’s evaluation of your
proposal. The list below may not include all details required in the questions required
to be answered in Section III. Proposal Submittal, Sections C-J. Additional
information may be included in this document, providing reference is made to the
whereabouts of the information in response to the sections (C-J) below.
Owner’s name
Owner’s Project Manager’s name and contact information for at least five (5)
projects – to be used as references
Contractor’s Project team, names and titles
Project type
Brief description of the scope
Original Contract Amount
Final Contract Amount
Percent complete
Brief description of any unusual factors on the project
Scheduled start and completion date
Was APDS or a similar project delivery method used?
Change order information (time extension, dollar amount and short
description included)
Consulting engineer name and contact information (if used)
Name subcontractors on the project
C. FUTURE PROJECT: WATER RECLAMATION CENTRIFUGE INSTALLATION
In the future the City of Fort Collins Utilities and the Project Team members will be
developing final design plans for the Water Reclamation Centrifuge Installation Project
(Centrifuge Project). The project will involve the installation of several new centrifuges in
the upper story of the Drake Water Reclamation Facility Dewatering Building. Upgrading
the centrifuges’ electrical supply systems, controls, ventilation, feed and conveyor
systems are included in the project.
The information in this Future Project section may be used as a starting point for the
future Work Order. Once an Agreement has been awarded from this RFP, and when/if
the City determines this project will move forward, the City will begin negotiation based
on the information contained herein and the awarded Contractor’s submittal.
Evaluation of the Future Project will be incorporated into each of the Evaluation Criteria
sections below.
For the Centrifuge Project:
1. Provide a scope of work and fee (see III. Proposal Submittal, Section H for required
construction cost details for the necessary efforts in the proposed project).
RFP 8286 Page 8 of 116
2. Describe your recommended approach to the project and estimated number of hours
for each proposed task.
3. Detail the design and construction factors to be considered in construction, major
issues you identify to be addressed, and any risk factors.
4. Address how your firm would approach the following factors during construction:
a. Construction sequences and schedules.
b. Means and Methods.
c. Value engineering for the most cost effective solutions (placement and alignment
of centrifuge including piping and structures).
d. Input on factors such as cost, ease of installation, delivery schedule, quality,
potential contracting or construction issues, possible materials and products that
might be used.
e. Permitting.
f. Working around existing facilities.
g. Staffing and equipment.
h. Subcontractors you would generally use.
i. Partnering.
j. Equipment resources and availability.
k. Coordination with plant personnel and processes.
D. SCOPE OF PROPOSAL
1. Provide a detailed narrative of the services your firm proposes to provide if awarded
the contract. The narrative should include any options that may be beneficial for
Utilities to consider.
2. Describe how the projects would be managed and who would have primary
responsibility for its timely and professional completion.
3. Describe the methods and timeline of communication your firm will use with the
City’s Project Manager and other members of the APDS team.
4. Describe the scheduling software your firm typically uses for sequencing task and
scheduling sub-contractors, materials and equipment.
5. Describe the way in which your firm develops and maintains project schedules for
projects.
6. Describe your process and frequency for updating project schedules and how your
firm works to overcome challenges and works to maintain the original completion
date.
7. Describe your firm’s ability and willingness to meet fast tracked schedules and
deadlines.
E. ASSIGNED PROJECT TEAM
1. Submit the management staff that you would propose to be the normal and chief
contacts with City staff.
RFP 8286 Page 9 of 116
a. Identify the primary contact person including title, phone number, email address
and office location.
b. An organizational chart of all project management with names that will be
involved in the project(s) including known sub-contractors.
c. Job descriptions of key positions (ie. Project manager, project superintendent(s),
onsite project manager, project engineer, cost estimator, others as appropriate).
d. Resumes of individuals proposed to fill key positions. Please limit resumes to
one-half page each.
e. Define who will negotiate contracts and cost issues.
2. If sub-contractors are proposed to perform a portion of the required construction
services for any given project, describe the sub-contractors that you have working
relationships with and that you propose may be used under this RFP. Detail projects
where you have worked with the sub-contractor previously. Include the same
information as required in question #1, above, of this section.
3. Detail experience your proposed team (including sub-contractors) has with the APDS
process (Fort Collins’ Alternative Product Delivery System), or other similar
innovative design and construction processes. Provide references for cited
experience.
F. SAFETY RECORD
1. Provide your firm’s OSHA reportable accident rate and current workman’s
compensation Experience Modification Rate (EMR) for the last 3 years.
2. Address your company’s safety program and any additional information that would
be useful in demonstrating your approach to a safe work site. Unsafe conditions to
the public, owner, engineer, and contractor are not an option.
3. Provide a list of all projects in the last 3 years that have received an OSHA citation
either to the GC or sub-contractor on the jobsite and provide a narrative of the
citations. Limit your response to projects that have occurred in the Rocky Mountain
region.
G. FIRM EXPERIENCE
1. Provide brief summary of similar construction project work performed by the firm in
the last five (5) years. The experience highlighted should reflect large scale utility
projects involving water treatment, wastewater treatment, pipelines, and storm
drainage. Highlight participation by key staff proposed for this RFP.
2. Provide both an owner reference and consulting engineer reference for cited
projects.
3. Describe any experience by the firm or key staff with similar
owner/engineer/contractor teams.
4. Describe the firm’s experience in Partnering, both formal and informal. Highlight any
Partnering experience by key staff proposed for this project.
5. Provide up to five (5) references for cited experience. Of those five (5), only two may
be from the City of Fort Collins if your firm has experience with us.
RFP 8286 Page 10 of 116
6. Address in this section all projects completed in the last five (5) years on a
negotiated contract basis, provide details and references.
H. FINANCIAL INFORMATION
1. Design Phase Cost
Provide hourly rates for the proposed key project staff from your firm (and
subcontractors if necessary) for assistance to the project design team during the
design phase of a project. These services could include tasks such as design input,
cost estimating, scheduling, product recommendations, constructability and safety.
Identify how expenses relating to providing this service will be charged. The scope
of work will be renegotiated prior to the start of each project using these rates.
2. Construction Cost Factors
Provide hourly rates for the proposed key project staff from your firm (and
subcontractors if necessary) for assistance to the project design team during the
design phase of a project.
Establish in detail the factors which will be used in determining the final prices of
work on time and material projects OR on negotiated guaranteed maximum price
construction contracts. These factors shall be comprehensive in establishing all
costs to be applied to direct project labor and materials in determining the
construction cost. Commitments shall include:
a. Overhead and profit (combined) margin for general office activities on the base
bid cost.
b. Overhead and profit (combined) margin for field office activities on the base bid
cost if applicable.
c. Markup on subcontractor work by the General Contractor. Include markup by
subcontractors for sub-tier contractors if applicable
d. Materials and equipment markup on base bid cost.
e. Any additional factors applied to project labor or materials to determine the final
contract price.
f. Change order markup, including supervision allowance, labor and material
markups, and overhead and profit percentages, as a percent of labor and
materials cost for any changes in the work following contract award.
You MUST submit the above requested information. The selection team will consider
other methods of contract negotiations that the firm may have experience with.
Include the information above as well as your proposed method. Please clearly
define each markup and when and where it is applied.
3. Future Project Pricing
Price the Centrifuge Project with the above described construction cost factors
applied. The following are hard numbers to use in the Centrifuge Project pricing. This
is a sample project to show how your firm determines and calculates the cost of a
project.
Clearly show how you arrive at the costs submitted. Include a spreadsheet detailing
number of hours, position and name of employee working those hours, the hourly
rate as well as the total projected cost.
RFP 8286 Page 11 of 116
Construction period – 210 calendar days
Permanent materials incorporated into the work – $1,800,000
Incidental tools and materials - $25,000
Equipment rental - $40,000
Equipment owned - $15,000
Fuel - $25,000
Field office - $25,000
Subcontracts - $300,000
Direct labor costs – 8,000 hours @ $25.00/hour
Total Project Cost - $_________________
Please detail how your costs are arrived at and where markups are applied.
Your firm is expected and required to have a completely open book policy on all
pricing of work.
4. Project Budget And Cost Control
a. Describe the commitment of your firm to providing realistic construction costs to
the team that can be used and trusted for design and the methodology used for
confirming and controlling cost for each phase of the project.
b. Describe the approach used to reduce costs or value engineer when estimated
costs exceed the budget.
c. Describe your approach to be transparent/open book and show the team your
actual cost, markup and profit.
d. Provide a sample of a pre-construction cost estimate showing the detail to be
provided to the team for review.
5. Personnel & Owned Equipment Rates
a. Provide the compensation rates for the proposed key staff (and any sub-
contractors or Contractors you plan to use if necessary) for assisting with the
design phase and for general conditions during the construction phase.
b. Provide rates for owned equipment used in your General Conditions for the types
of projects listed in the scope of work.
c. Provide how small tools & supplies costs are covered.
I. FIRM CAPABILTY
1. Financial Statement.
The following may be submitted in a separate document. If you choose to password
protect the document, please provide the password in your cover letter.
Provide a recent financial statement (audited if possible) including balance sheet and
income statement showing:
Current assets
Other assets
Current liabilities
Other liabilities
RFP 8286 Page 12 of 116
Fixed assets and equipment
2. Banking Reference
Provide the name, address and phone number of the firm’s banking reference.
3. Bonding Company
Provide the name, address and phone number of the firm’s bonding agent. Provide
a letter from the bonding agent indicating the firm’s bonding capacity is adequate
($1,000,000-$10,000,000) to undertake this work.
4. Insurance company
Provide the name, address and phone number of the firm’s insurance agent(s).
Provide certificate of insurance outlining coverage and policy limits. Can this
coverage be extended for work on this project? Can coverage be increased? Can
City and Engineer be listed as an additional insured? Are there any current claims
that will affect coverage limits available to the City for this project?
5. Provide a list of appropriate equipment available for use such as excavator(s),
loaders, compaction equipment, pumps for ground water, trench boxes, dump trucks,
etc. Identify hourly rate and whether or not the rate includes the operator.
6. Indicate the total number of personnel employed by the company and how many
resources are in each category. (ie. Admin, Clerical, Estimating, Project
Management, Project Supervision, Project Coordinator, Project Engineer, Foreman,
Carpenter, Laborer, etc.)
7. Provide organization charts for each of these resources. Indicate office locations.
8. Describe the availability of project personnel to participate in the Centrifuge Project
and other Fort Collins Utilities projects over the next year in the context of the
Contractor’s other commitments.
J. CONSTRUCTION PERFORMANCE
1. Provide a list and detailed project descriptions of at least five (5) similar projects to
the type(s) of work you are submitting on as detailed below that have been
completed in the last five (5) years by the key members of the proposed team.
Include project description, project type, delivery method, contract amount, cost at
completion and change order information, original schedule and actual completion
time, and contact information of the owner.
2. Brief discussion of any unusual factor is encouraged (e.g. owner initiated delays,
additions to the work, etc.). Provide both an owner reference and consulting engineer
reference for cited projects.
3. Provide details on your firm’s commitment to quality and attention to detail. Explain
the processes your team will use to assure delivery of a high quality finished product.
K. SUSTAINABILITY/TBL METHODOLOGY
In no more than two (2) pages please describe how your organization strives to be
sustainable in the use of materials, equipment, vehicles, fuel, recycling, office practices,
etc.. Address how your firm incorporates Triple Bottom Line (TBL) into the workplace,
see below in Section IV: Review and Assessment for additional information.
RFP 8286 Page 13 of 116
IV. REVIEW AND ASSESSMENT
Contractors will be evaluated on the following criteria. These criteria will be the basis for
review and assessment of the written proposals and optional interview session.
The rating scale shall be from 1 to 5 (or 10, or 15, depending on the maximum possible
points in the categories below). 1 is a poor rating and 5 (or 10, or 15) being an outstanding
rating.
POSSIBLE
POINTS
(MIN – MAX)
EVALUATION
CRITERIA STANDARD
1 - 10 Scope of Proposal
Does the proposal show an understanding of the scope
of the project, methodology to be used in the design
and construction phases and the results that are
desired from the project?
1 - 10 Assigned Project
Team
Does the proposed team have the necessary skills and
experience to fulfill the requirements of the project? Is
the key staff available to do the work?
1 - 10 Safety Record
OSHA Illness/Injury Rate, OSHA Lost Work Day
Incidence Rate and Workman’s Comp Experience
Modification Rate Insurance multiplier.
1 – 10
Firm Experience
--Design
--Construction
Has the firm worked on projects similar in scope to this
project? Has partnering been used as a basis in
design and construction of other projects? Was this
work of a high quality in nature?
1 - 15 Financial
Information
Do the proposed construction cost factors compare
favorably with industry standards and other firms’
construction cost factors? Are the proposed design cost
factors reasonable and competitive? Is the future
project priced appropriately? Is it easy to understand
how the price was calculated? How do the staff rates,
equipment rates and other fees compare? Are the
proposed costs realistic? Does the firm agree with and
how will open book and value engineering be handled
with their firm? Is markup and profit competitive?
1 - 10 Firm Capability
Does the firm have equipment, manpower and finances
to complete the work? Financial statement, bonding
capability, banking and insurance information will be
evaluated to ensure the firm has the ability to provide
the services. Has the firm shown an interest in work
and a commitment to the successful completion of the
project? Can the work be completed in the necessary
time? Can the target start and completion dates be
met? Are other qualified personnel available to assist
in meeting the project schedule if required? Is the
project team available to attend meetings as required
by the Scope of Work?
RFP 8286 Page 14 of 116
POSSIBLE
POINTS
(MIN – MAX)
EVALUATION
CRITERIA STANDARD
1 - 10 Construction
Performance
Do the referenced projects reflect favorably in respect
to completion within the contract schedule, cost and
number of change orders and claims?
1 - 5 Sustainability/TBL
Methodology
Does the firm demonstrate a commitment to
sustainability and incorporate Triple Bottom Line
methodology in both their Scope of Work for the
project, and their day-to-day business operating
processes and procedures?
Definitions
Sustainable Purchasing is a process for selecting products or services that have a lesser or
reduced negative effect on human health and the environment when compared with competing
products or services that serve the same purpose. This process is also known as
“Environmentally Preferable Purchasing” (EPP), or “Green Purchasing”.
The Triple Bottom Line (TBL) is an accounting framework that incorporates three dimensions of
performance: economic, or financial; environmental, and social. The generally accepted
definition of Andrew Savitz for TBL is that it “captures the essence of sustainability by
measuring the impact of an organization’s activities on the world…including both its profitability
and shareholders values and its social, human, and environmental capital.”
Reference Evaluation (Top Rated Firm)
The Project Manager will check references and may use the following criteria. The evaluation
rankings will be labeled Satisfactory/Unsatisfactory.
QUALIFICATION STANDARD
Overall Performance Would you hire this Professional again? Did they
show the skills required by this project?
Timetable
Was the original Scope of Work completed within the
specified time? Were interim deadlines met in a
timely manner?
Completeness
Was the Professional responsive to client needs; did
the Professional anticipate problems? Were
problems solved quickly and effectively?
Budget Was the original Scope of Work completed within the
project budget?
Job Knowledge
a) How well did the firm meet the Scope of Work?
b) If Professional administered a construction
contract, was the project functional upon
completion and did it operate properly? Were
problems corrected quickly and effectively?
RFP 8286 Page 15 of 116
EXHIBIT A
PROPOSAL ACKNOWLEDGEMENT
Contractor hereby acknowledges receipt of the City of Fort Collins Utilities’ 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, the Contractor hereby makes the
following representations to Utilities:
a. All of the statements and representations made in this proposal are true to the best of
the Contractor’s knowledge and belief.
b. The Contractor has obtained all necessary authorizations and approvals that will enable
the Contractor to commit to the terms provided in this proposal.
c. This proposal is a firm and binding offer, for a period of 180 days from the date hereof.
d. I further agree that the method of award is acceptable to my company.
e. I also agree to complete the proposed Agreements with the City of Fort Collins within 30
days of notice of award.
f. If contract is not completed and signed within 30 days, City reserves the right to cancel
and award to the next highest rated firm.
g. I acknowledge receipt of addenda.
Contractor Firm Name:
Physical Address:
Remit to Address:
Phone:
Authorized Agent of Firm Name:
Signature of Authorized Agent:
Primary Contact for Project:
Title: Email Address:
Phone: Cell Phone:
RFP 8286 Page 16 of 116
FORT COLLINS UTILITIES
CONSTRUCTION WORK ORDERS
SPECIFICATIONS AND CONTRACT
DOCUMENTS
FOR
RFP # AND NAME
WITH
CONTRACTOR NAME
DATED:
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
RFP 8286 Page 17 of 116
CONTRACT DOCUMENTS TABLE OF CONTENTS
CONTRACTOR INFORMATION
00300 Contractor Pricing
CONTRACT DOCUMENTS
00500 Construction work Order Agreement Forms
00520 Agreement – Construction Work Order Type
00525 Work Order & Notice of Award
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
CONDITIONS OF THE CONTRACT
00700 General Conditions
Exhibit GC-A
00800 Supplementary Conditions
00900 Addenda, Modifications, and Payment
00950 Contract Change Order
00960 Application for Payment
SPECIFICATIONS
RFP 8286 Page 18 of 116
SECTION 00300
CONTRACTOR PRICING
RFP 8286 Page 19 of 116
SECTION 00500
AGREEMENT FORMS
00520 Agreement - Construction Work Order Type
00525 Work Order & Notice of Award
00530 Work Order Notice to Proceed
RFP 8286 Page 20 of 116
SECTION 00520
AGREEMENT
THIS AGREEMENT is dated as of the [Day] day of [Month] in the year of 20[Year] and shall be
effective on the date this AGREEMENT is signed by the City.
The City of Fort Collins (hereinafter called OWNER) and
[Contractor] (hereinafter called CONTRACTOR)
OWNER and CONTRACTOR, in consideration of the mutual covenants hereinafter set forth,
agree as follows:
ARTICLE 1. WORK
1.1 Work Order Requirements. CONTRACTOR shall complete all Work as
specified or indicated in the Contract Documents. The Project for which
the Work under the Contract Documents may be the whole or only a part
is generally defined as RFP # and Name; a Work Order for a specific
portion of the Work, and incorporating the Notice of Award for that portion
of the Work, may be agreed upon in writing by the parties from time to
time. A blank sample of a Work Order & Notice of Award is attached
hereto as Section 00525, consisting of two (2) pages, and incorporated
herein by this reference. Each signed, executed Work Order & Notice of
Award is incorporated into the Contract Documents by this reference.
1.2. Work to be Performed. Each Work Order shall include a description and
specification of the work to be performed; the location and time for
initiation and performance of the work; the amount of and procedures for
payment, as specified in Article 5 of this Agreement; any labor, materials,
or support to be supplied by the City; and any other special
circumstances relating to the performance of work.
1.3 Work Orders Planned. The Project will include Work in accordance with
RFP # and Name. However, pursuant to this Agreement and the
Contract Documents, OWNER reserves the right to alter or amend the
scope of work of any specific Work Order as needed.
1.4. Work Order Authorization. The only work authorized under this
Agreement is that which is performed after CONTRACTOR receives
Notice to Proceed from OWNER, pursuant to a signed Work Order. The
Notice to Proceed, Section 00530, shall be incorporated into each
executed Work Order. However, in emergency circumstances, as
required to protect the public health, safety, or welfare, oral work requests
may be issued by OWNER. Oral requests for emergency actions will be
confirmed by issuance of a written Work Order within two (2) working
days; however, nothing in this paragraph may be construed to alter or
eliminate CONTRACTOR’S responsibilities pursuant to paragraph 6.23 of
the General Conditions.
1.5. Changes in the Work. OWNER may, at any time during the term of a
particular Work Order and without invalidating the Agreement, make
RFP 8286 Page 21 of 116
changes within the general scope of the particular work assigned and
CONTRACTOR agrees to perform such changed work, pursuant to the
provisions of the Contract Documents. OWNER reserves the right to
independently contract for any services, rather than issuing work to
CONTRACTOR pursuant to this Agreement. Nothing within this
Agreement shall obligate OWNER to have any particular service
performed by CONTRACTOR.
1.6. Bonds & Certificates. Pursuant to the Contract Documents and Article 5
of the General Conditions, each Work Order & Notice of Award shall
specify the requirements for Performance and Payment Bonds.
CONTRACTOR shall provide insurance required pursuant to the Contract
Documents prior to OWNER’S execution of any Work Order, and, as may
be required at the sole option of OWNER, prior to the Work Order Notice
to Proceed.
ARTICLE 2. ENGINEER
2.1. ENGINEER. Each portion of the Project to be performed by
CONTRACTOR through the issuance of a Work Order will be designed
by a person, firm, or corporation designated by OWNER and identified in
the Work Order, who is hereinafter called ENGINEER and who will
assume all duties and responsibilities and will have the rights and
authority assigned to ENGINEER in the Contract Documents in
connection with completion of the Work in accordance with the Contract
Documents.
2.2. OWNER’S Representative. Notwithstanding the provisions of paragraph
2.1 above, the OWNER will designate, prior to the commencement of
work on each specific Work Order, the OWNER’S Representative, who
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 OWNER’S
Representative.
ARTICLE 3. CONTRACT TIMES
3.1. Substantial Completion and Final Payment & Acceptance. Each Work
Order shall define the Contract Times, including the number of days or
dates for the Work of that Work Order to be Substantially Complete, as
provided in the General Conditions, and completed and ready for Final
Payment and Acceptance in accordance with the General Conditions.
3.2. Liquidated Damages. OWNER and CONTRACTOR recognize that time
is of the essence of each Work Order authorized under this Agreement
and that OWNER will suffer financial loss if the Work is not completed
within the times specified in each Work Order pursuant to paragraph 3.1.
above, plus any extensions thereof allowed in accordance with Article 12
of the General Conditions. They also recognize the delays, expenses
and difficulties involved in proving in a legal proceeding the actual loss
suffered by OWNER if the Work is not completed on time. Accordingly,
RFP 8286 Page 22 of 116
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.
3.3. Contract Period. This Agreement shall commence upon the date of
execution as shown by the date this Agreement is signed by OWNER,
and shall continue in full force and effect through May 31, 2012. 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. Written notice of renewal shall be provided to the Contractor and
mailed no later than ninety (90) days prior to contract end.
3.4. Early Termination by OWNER / Notices. Notwithstanding the time
periods contained herein or in any Work Order, OWNER may terminate
this Agreement or any Work Order at any time without cause by providing
written notice of termination to CONTRACTOR. 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:
CONTRACTOR: OWNER: Copy to:
Attn:
City of Fort Collins
Attn: Purchasing Dept.
PO Box 580
Fort Collins, CO 80522
City of Fort Collins
Attn: Project Manager
PO Box 580
Fort Collins, CO 80522
In the event of early termination by OWNER, CONTRACTOR shall be
paid for services rendered to the termination date, subject only to the
satisfactory performance of CONTRACTOR’S obligations under this
Agreement. Such payment shall be CONTRACTOR’S sole right and
remedy for such termination.
ARTICLE 4. CONTRACT PRICE
4.1. Unless otherwise provided in a Work Order, OWNER shall pay
CONTRACTOR for performance of the Work in accordance with the
Contract Documents in current funds, as specified in each Work Order, as
Contract Price equal to the Cost of the Work plus a Fixed Fee in
accordance with Exhibit “A” or Fixed Cost by specific line items. The Cost
of the Work shall be as defined or excluded in Article 11, paragraphs 11.4
and 11.5, of the General Conditions, subject to the following:
4.1.1. Unless otherwise provided in a Work Order, payroll costs in the Cost of
the Work shall be as defined in Article 11.4.1 of the General Conditions
and shall not exceed thirty nine (39%) percent of the salaries and wages.
4.1.2. Unless otherwise provided in a Work Order, the Contract Price, exclusive
of the cost or credit of any Change Orders or of Owner-procured
equipment or Owner-provided work listed in each Work Order, is
RFP 8286 Page 23 of 116
guaranteed by the CONTRACTOR not to exceed a Guaranteed Maximum
Price specified in each Work Order, for all work covered by and included
in the Work Order. The Allowable Cost of the Work shall be defined as
the difference in the Fixed Fee and the Guaranteed Maximum Price.
Costs which would cause the CONTRACTOR to exceed the Allowable
Cost of the Work and/or Guaranteed Maximum Price shall be paid by the
CONTRACTOR without reimbursement by the OWNER.
4.1.3. Unless otherwise provided in a Work Order, the CONTRACTOR’S Fixed
Fee that may be authorized in the Work Order shall include all Field
Office and General Office overhead, mark-up on all materials, equipment
and subcontract costs, small tools allowance, equipment fuels, and
equipment rentals as defined in Article 11.4.5.3 and the CONTRACTOR’S
profit for the Allowable Cost of the Work. Payment for additional Field
Office and General Office overhead and the CONTRACTOR’S profit shall
not be included in any Change Order unless the total Contract Price,
including all Change Orders, exceeds the Guaranteed Maximum Price.
For any Change Order which increases the total Contract Price above the
Guaranteed Maximum Price, the CONTRACTOR’S fee applied to the net
increase shall, unless otherwise provided in the Work Order, include Field
Office overhead and profit which shall be defined as 5.5(5.5%) percent of
the actual Cost of the Work, General Office overhead and profit which
shall be defined as 5.0 (5.0%) percent of the actual Cost of the Work.
4.2. Shared Savings Clause. Should a new way of constructing any portion of
the Project be discovered that involves a substantial savings, Shared
Savings may be applied. The shared savings proposal must involve
modifying the means, methods and/or the materials used without
impacting the quality of the project. After receiving approval from the
Design Engineer, the construction team shall submit their proposal to the
review Committee. This committee will be comprised of the Senior
Utilities Engineer, the Utility Senior Buyer, and the contractor’s General
Manager. If the change is approved, a Change Order will be processed
documenting the change(s) to the Contract. Seventy-five (75) percent of
the savings shall belong to the City while twenty-five (25) percent of the
savings shall belong to the Contractor. Shared Savings shall not apply to
any cost or credit of any Change Orders.
ARTICLE 5. PAYMENT PROCEDURES
CONTRACTOR shall submit Applications for Payment in accordance with Article
14 of the General Conditions. Applications for Payment will be processed by
ENGINEER as provided in the General Conditions.
5.1. PROGRESS PAYMENTS. OWNER shall make progress payments on
account of the Contract Price on the basis of CONTRACTOR's
Application for Payment as recommended by ENGINEER, once each
month during construction as provided below. All progress payments will
be on the basis of the progress of the Work measured by the schedule of
values established in paragraph 2.6 of the General Conditions and in the
RFP 8286 Page 24 of 116
case of Unit Price Work based on the number of units completed, and in
accordance with the General Requirements concerning Unit Price Work.
5.1.1. RETAINAGE. 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
ENGINEER shall determine, or OWNER may withhold, in
accordance with paragraph 14.7 of the General Conditions. If, in
the sole discretion of Owner, on recommendation of Engineer,
Owner determines that the character and progress of the Work
have been satisfactory to OWNER and ENGINEER, 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 00520 Page 3 for
payment.
5.1.2. Upon Substantial Completion of a Work Order, 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 ENGINEER shall determine or OWNER may
withhold in accordance with paragraph 14.7 of the General
Conditions or as provided by law.
5.2. FINAL PAYMENT. Upon Final Completion and Acceptance of the
Work in accordance with paragraph 14.13 of the General
Conditions, OWNER shall pay the remainder of the Contract Price
as recommended by ENGINEER as provided in said paragraph
14.13.
ARTICLE 6. CONTRACTOR'S REPRESENTATION
In order to induce OWNER to enter into this Agreement, CONTRACTOR makes
the following representations:
6.1. CONTRACTOR has familiarized himself with the nature and extent of the
Contract Documents, Work, site, locality, and with all local conditions and
Laws and Regulations that in any manner may affect cost, progress,
performance or furnishing of the Work.
6.2. CONTRACTOR has studied carefully all reports of explorations and tests of
subsurface conditions and drawings of physical conditions which are
identified in the Supplementary Conditions as provided in paragraph 4.2 of
the General Conditions.
RFP 8286 Page 25 of 116
6.3. CONTRACTOR has obtained and carefully studied (or assumes
responsibility for obtaining and carefully studying) all such examinations,
investigations, explorations, tests, reports, and studies (in addition to or to
supplement those referred to in paragraph 6.2 above) which pertain to the
subsurface or physical condition at or contiguous to the site or otherwise
may affect the cost, progress, performance or furnishing of the Work as
CONTRACTOR considers necessary for the performance or furnishing of
the Work at the Contract Price, within the Contract Times and in
accordance with the other terms and conditions of the Contract Documents,
including specifically the provisions of paragraph 4.2 of the General
Conditions; and no additional examinations, investigations, explorations,
tests, reports, studies or similar information or data are or will be required
by CONTRACTOR for such purposes.
6.4. CONTRACTOR has reviewed and checked all information and data shown
or indicated on the Contract Documents with respect to existing
Underground Facilities at or contiguous to the site and assumes
responsibility for the accurate location of said Underground Facilities. No
additional examinations, investigations, explorations, tests, reports, studies
or similar information or data in respect of said Underground Facilities are
or will be required by CONTRACTOR in order to perform and furnish the
Work at the Contract Price, within the Contract Times and in accordance
with the other terms and conditions of the Contract Documents, including
specifically the provision of paragraph 4.3. of the General Conditions.
6.5. CONTRACTOR has correlated the results of all such observations,
examinations, investigations, tests, reports and data with the terms and
conditions of the Contract Documents.
6.6. CONTRACTOR has given ENGINEER written notice of all conflicts, errors
or discrepancies that he has discovered in the Contract Documents and the
written resolution thereof by ENGINEER is acceptable to CONTRACTOR.
ARTICLE 7. CONTRACT DOCUMENTS
7.1 The Contract Documents which comprise the entire Agreement between
OWNER and CONTRACTOR concerning the Work consist of the General
Conditions, Supplementary Conditions, those items included in the
definition of “Contract Documents” in Article 1.10 of the General Conditions,
and such other items as are referenced in this Article 7, all of which are
incorporated herein by this reference.
7.2 Forms for use by CONTRACTOR in performing the Work and related
actions in carrying out the terms of this Agreement are deemed Contract
Documents and incorporated herein by this reference, and include, but are
not limited to, the following:
7.2.1 Certificate of Substantial Completion
7.2.2 Certificate of Final Acceptance
7.2.3 Lien Waiver Releases
7.2.4 Consent of Surety
RFP 8286 Page 26 of 116
7.2.5 Application for Exemption Certificate
7.2.6 Application for Payment
7.3 Drawings, as specified and identified in each Work Order. The Contract
Drawings for a Work Order shall be stamped "Final for Construction" and
dated. Any revisions made shall be clearly identified and dated.
7.4. The Contract Documents also include all written amendments and other
documents amending, modifying, or supplementing the Contract
Documents pursuant to paragraphs 3.5 and 3.6 of the General Conditions,
including amendments to any Work Order..
7.5. There are no Contract Documents other than those listed or incorporated
by reference in this Article 7. The Contract Documents may only be
amended, modified or supplemented as provided in paragraphs 3.5 and 3.6
of the General Conditions.
ARTICLE 8. MISCELLANEOUS
8.1. DEFINITIONS. Terms used in this Agreement which are defined in Article I
of the General Conditions shall have the meanings indicated in the General
Conditions.
8.2. ASSIGNMENT. No assignment by a party hereto of any rights under or
interests in the Contract Documents will be binding on another party hereto
without the written consent of the party sought to be bound; and specifically
but not without limitations, moneys that may become due and moneys that
are due may not be assigned without such consent (except to the extent
that the effect of this restriction may be limited by law), and unless
specifically stated to the contrary in any written consent to an assignment
no assignment will release or discharge that assignor from any duty or
responsibility under the Contract Document.
8.3. BINDING EFFECT. OWNER and CONTRACTOR each binds itself, its
partners, successors, assigns and legal representatives to the other party
hereto, its partners, successors, assigns and legal representatives in
respect to all covenants, Agreement and obligations contained in the
Contract Document.
8.4. INDEPENDENT CONTRACTOR. It is agreed that in the performance of
any services hereunder, CONTRACTOR is an independent contractor
responsible to OWNER 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
OWNER. CONTRACTOR shall neither assign any responsibilities nor
delegate any duties arising under the Agreement without the prior written
consent of OWNER.
8.5. ACCEPTANCE NOT WAIVER. OWNER'S approval or acceptance of, or
payment for, any of the Work shall not be construed to operate as a
RFP 8286 Page 27 of 116
waiver of any rights under the Agreement or of any cause of action arising
out of the performance of this Agreement.
8.6. 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.
8.7. 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.
8.8. LAW / SEVERABILITY. This Agreement shall be governed in all respects
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.
8.9 AMENDMENT 54. To the extent that this Agreement may constitute a
"sole source government contract" within the meaning of Section 2(14.4)
of Article XXVIII of the constitution of the State of Colorado, about which
the City makes no representation, Section 15 of said Article XXVIII, which
reads as follows, is hereby incorporated into this Agreement and made a
part hereof:
a. Section 15. Because of a presumption of impropriety between
contributions to any campaign and sole source government contracts,
contract holders shall contractually agree, for the duration of the
contract and for two years thereafter, to cease making, causing to be
made, or inducing by any means, a contribution, directly or indirectly,
on behalf of the contract holder or on behalf of his or her immediate
family member and for the benefit of any political party or for the
benefit of any candidate for any elected office of the state (of
Colorado) or any of its political subdivisions.
RFP 8286 Page 28 of 116
OWNER: CITY OF FORT COLLINS CONTRACTOR: [CONTRACTOR]
By: By:
GERRY PAUL
PURCHASING DIRECTOR
PRINTED
Date:
Title:
Date:
Attest: (CORPORATE SEAL)
City Clerk
Address for giving notices:
P. O. Box 580
Fort Collins, CO 80522 Attest:
Approved as to Form Address for giving notices:
Assistant City Attorney
License No.:
SECTION 00525
NOTICE TO PROCEED
DATE:
TO:
WORK ORDER # AND TITLE:
PURCHASE ORDER NUMBER:
ORIGINAL RFP # AND TITLE:
OWNER: CITY OF FORT COLLINS (hereinafter referred to as OWNER)
OWNER’S REPRESENTATIVE:
ENGINEER:
1. WORK. You are hereby notified that your Bid dated , for the above Work Order
has been considered. Pursuant to your AGREEMENT with OWNER dated
under RFP [RFP # and Name], you have been awarded a Work Order for [Project #
and Name] and is generally described in Section 01010.
The charges and fees are defined in Attachment A, hereby attached and incorporated as
a part of this agreement.
2. CONTRACT PRICE, BONDS, AND CERTIFICATES. The Price of your Work Order is
($ ). Pursuant to the AGREEMENT and the Contract Documents,
Performance and Payment Bonds and insurance are required.
3. CONTRACT TIMES. Pursuant to the AGREEMENT and the Contract Documents, the
Work shall be Substantially Complete within ( ) calendar days after the
date when the Contract Times commence to run as provided in the General
Conditions and completed and ready for Final Payment and Acceptance in
accordance with the General Conditions within ( ) calendar days after
the date when the Contract Times commence to run.
4. LIQUIDATED DAMAGES. Pursuant to the AGREEMENT and the Contract Documents:
Liquidated Damages. OWNER and CONTRACTOR recognize that time is of the
essence of this Agreement and that OWNER will suffer financial loss if the Work is not
completed within the times specified in paragraph 3.1. above, plus any extensions
thereof allowed in accordance with Article 12 of the General Conditions.
They also recognize the delays, expenses and difficulties involved in proving in a legal
preceding the actual loss suffered by OWNER if the Work is not completed on time.
Accordingly, instead of requiring any such proof, OWNER and CONTRACTOR agree
that as Liquidated damages for delay (but not as penalty) CONTRACTOR shall pay
OWNER the amounts set forth hereafter.
1) Substantial Completion:
Dollars ($ ) for each calendar day or fraction thereof that expires after
the ( ) calendar day period for Substantial Completion of the Work until
the Work is Substantially Complete.
2) Final Acceptance:
After Substantial Completion, Dollars ($ ) for each calendar day or fraction
thereof that expires after the ( ) calendar day period for Final Payment
and Acceptance until the Work is ready for Final Payment and Acceptance.
5. EXECUTION. Three (3) copies of this proposed Work Order & Notice of Award, and
accompanying amendments or supplements to the Contract Documents (except any
applicable Drawings) incorporated herein, are provided. Four (4) sets of any
applicable Drawings will be delivered separately or otherwise made available to you
immediately.
You must comply with the following conditions precedent within fifteen (15) days of the
date of this Notice of Award, that is by [Date].
1. You must deliver to the OWNER three (3) fully executed counterparts of the
Agreement including all the Contract Documents. Each of the Contract Documents
must bear your signature on the cover of the page.
2. You must deliver with the executed Agreement the Contract Security (Bonds) as
specified in the Instructions to Bidders, General Conditions (Article 5.1) and
Supplementary Conditions.
Failure to comply with these conditions within the time specified will entitle OWNER to
consider your Bid abandoned, to annul this Notice of Award and to declare your Bid
Security forfeited.
Within ten (10) days after you comply with those conditions, OWNER will return to you
one (1) fully-signed counterpart of the Agreement with the Contract Documents
attached.
6. MISCELLANEOUS. In the event of a conflict between or ambiguity in the terms of the
AGREEMENT and this Work Order (included the attached Contract Documents),
the AGREEMENT shall control.
CONTRACTOR:
By: ________________________________________ Date: ____________________
Printed: ___________________________ Title: ________________________________
OWNER’S ACCEPTANCE & EXECUTION:
This Work Order and the attached Contract Documents are hereby accepted and incorporated
herein by this reference, and the attached Notice to Proceed is hereby given.
ACCEPTANCE: _____________________________________________
, Special Projects Manager
ACCEPTANCE: ______________________________________________
, Chief Engineer
ACCEPTANCE: ______________________________________________
Jon Haukaas, Water Engineering & Field Services Operations Manager
ACCEPTANCE: ______________________________________________
Kevin Gertig, Utilities Executive Director (if $1,000,000)
OWNER: CITY OF FORT COLLINS
By: ________________________________________ Date: _________________
GERRY PAUL
PURCHASING DIRECTOR (if greater than $60,000)
SECTION 00530
WORK ORDER NOTICE TO PROCEED
WORK ORDER NUMBER:
WORK ORDER TITLE:
TO:
Attn:
This notice is to advise you:
That the Work Order and all amendments and supplements to the Contract Documents covering
the above described Work have been fully executed by the CONTRACTOR and the OWNER.
That the required CONTRACTOR's Performance and Payment Bonds and insurance have been
received by the OWNER.
That the OWNER has approved the said Work Order and Contract Documents.
Therefore, as the CONTRACTOR for the above described Work, you are hereby authorized and
directed to proceed within ( ) calendar days from receipt of this notice as
required by the Work Order and the AGREEMENT.
The dates for Substantial Completion and Final Acceptance shall be , 20
and , 20__ , respectively.
Dated this day of , 20 .
City of Fort Collins
OWNER
By:
Title:
ACKNOWLEDGMENT OF NOTICE
Receipt of the above Notice to Proceed is hereby acknowledged this day of
, 20__.
CONTRACTOR: [Contractor]
By:
Title:
SECTION 00600
BONDS AND CERTIFICATES
00610 Performance Bond
00615 Payment Bond
00630 Certificate of Insurance
00635 Certificate of Substantial Completion
00640 Certificate of Final Acceptance
00650 Lien Waiver Release (CONTRACTOR)
00651 Lien Waiver Release (SUBCONTRACTOR)
00660 Consent of Surety
00670 Application for Exemption Certificate
SECTION 00610
PERFORMANCE BOND
Bond No.
KNOW ALL MEN BY THESE PRESENTS: that
(firm)
(address)
(an Individual), (a Partnership), (a Corporation), hereinafter referred to as the "Principal" and
(Firm)
(Address)
hereinafter referred to as "the Surety", are held and firmly bound unto City of Fort Collins, 300
Laporte Ave, Fort Collins, Colorado 80522 a (Municipal Corporation) hereinafter referred to as
the "OWNER", in the penal sum of Dollars ($ ) 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 Agreement with the OWNER, dated the [Day] day of [Month], 20[Year], a copy of which
is hereto attached and made a part hereof for the performance of The City of Fort Collins RFP
, for the performance of The City of Fort Collins Work Order, titled , Work Order
Number , dated , 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 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 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 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 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.
IN WITNESS WHEREOF, this instrument is executed in three (3) counterparts, each one of
which shall be deemed an original, this _____ day of _____ ____, 20__.
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 Agreement. If CONTRACTOR is
Partnership, all partners should execute Bond.
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 the 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 Dollars ($ ) 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 Agreement with the OWNER, dated the [Day] day of [Month], 20[Year], a copy of which
is hereto attached and made a part hereof for the performance of The City of Fort Collins RFP
, for the performance of The City of Fort Collins Work Order, titled , Work Order
Number , dated , 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 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 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 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.
IN WITNESS WHEREOF, this instrument is executed in three (3) counterparts,
each one of which shall be deemed an original, this day of , 20__.
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 Agreement. If CONTRACTOR is
Partnership, all partners should execute Bond.
SECTION 00630
CERTIFICATE OF INSURANCE
CONTRACTOR shall insert his own standard form for Certificate of Insurance in accordance
with the following requirements:
1. 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 bid, 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. 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 this Agreement.
2. Insurance coverages shall be as follows:
A. Workers' Compensation & Employer's Liability. The Contractor shall maintain
during the life of this Agreement for all of the Contractor'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 Contractor 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 Contractor 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
SECTION 00635
CERTIFICATE OF SUBSTANTIAL COMPLETION
TO: CITY OF FORT COLLINS (OWNER)
WORK ORDER #:
WORK ORDER TITLE:
DATE OF SUBSTANTIAL COMPLETION:
PROJECT OR SPECIFIED PART SHALL LOCATION: Fort Collins, Colorado
INCLUDE:
OWNER: City of Fort Collins
CONTRACTOR: [Contractor]
CONTRACT DATE: [Date]
The Work performed under this contract has been inspected by authorized representatives of
the OWNER, CONTRACTOR, and the ENGINEER and the project or specified part of the
project, as indicated above) is hereby declared to be substantially completed on the above date.
A tentative list of items to be completed or corrected is appended hereto. This list may not be
exhaustive, and the failure to include an item on it does not alter the responsibility of the
CONTRACTOR to complete all the Work in accordance with the Contract Documents.
ENGINEER AUTHORIZED REPRESENTATIVE
DATE
The CONTRACTOR accepts the above Certificate of Substantial Completion and agrees to
complete and correct the items on the tentative list within the time indicated.
CONTRACTOR AUTHORIZED REPRESENTATIVE
DATE
The OWNER accepts the project or specified area of the project as substantially complete and
will assume full possession of the project or specified area of the project at 12:01 a.m., on
. The responsibility for heat, utilities, security, and insurance under
the Contract Documents shall be as set forth under "Remarks" below.
CITY OF FORT COLLINS, COLORADO By:
OWNER AUTHORIZED REPRESENTATIVE
DATE
REMARKS:
SECTION 00640
CERTIFICATE OF FINAL ACCEPTANCE
, 20__
TO: [Contractor]
Gentlemen:
You are hereby notified that on the day of , 20__, the City of
Fort Collins, Colorado, has accepted the Work completed by [Contractor] for the City of Fort
Collins Work Order number , titled .
A check is attached hereto in the amount of $ as Final
Payment for all Work done, subject to the terms of the Contract Documents including the Work
Order, which is dated , and the AGREEMENT, which is dated .
In conformance with the Contract Documents for this project, your obligations and guarantees
will continue for the specified time from the following date:____________ _, 20__.
Sincerely,
OWNER: City of Fort Collins
By:
Title:
ATTEST:
Title:
SECTION 00650
LIEN WAIVER RELEASE
(CONTRACTOR)
TO: City of Fort Collins, Colorado (OWNER)
FROM: [Contractor] (CONTRACTOR)
WORK ORDER #:
WORK ORDER TITLE:
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 attorney’s
fees, incurred as a result of such claims.
5. The parties acknowledge that the description of the project set forth above constitutes and
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.
Signed this day of , 20__.
CONTRACTOR: [CONTRACTOR]
By:
Title:
ATTEST:
Secretary
STATE OF COLORADO )
)ss.
COUNTY OF LARIMER )
Subscribed and sworn to before me this day of 20__,
by .
Witness my hand and official seal.
Notary Public
My Commission Expires:
SECTION 00651
LIEN WAIVER RELEASE
(SUBCONTRACTOR)
TO: City of Fort Collins, Colorado (OWNER)
FROM: [Subcontractor] (SUBCONTRACTOR)
WORK ORDER #:
WORK ORDER TITLE:
1. The SUBCONTRACTOR acknowledges having received payment, except retainage from
the OWNER for all work, labor, skill and material furnished, delivered and performed by
the SUBCONTRACTOR 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 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 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 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
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 SUBCONTRACTOR 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
SUBCONTRACTOR'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
attorney’s fees, incurred as a result of such claims.
5. The parties acknowledge that the description of the project set forth above constitutes and
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.
Signed this day of , 20__.
CONTRACTOR: [CONTRACTOR]
By:
Title:
ATTEST:
Secretary
STATE OF COLORADO )
)ss.
COUNTY OF LARIMER )
Subscribed and sworn to before me this day of 20__,
by .
Witness my hand and official seal.
Notary Public
My Commission Expires:
SECTION 00660
CONSENT OF SURETY
TO: City of Fort Collins, Colorado (hereinafter referred to as the "OWNER")
CONTRACTOR: [Contractor]
WORK ORDER #:
WORK ORDER TITLE:
CONTRACT DATE: [Date] WORK ORDER DATE: [Date]
In accordance with the provisions of the Contract between the OWNER and the CONTRACTOR
as indicated above, for .
(Surety)
on bond of
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 , 20____ .
(Surety Company)
By:
ATTACH: Power of Attorney and Certificate of Authority of Attorney(s)-in-Fact.
SECTION 00670
APPLICATION FOR EXEMPTION CERTIFICATE
Special Notice
Contractors who have completed this application in the past, please note the following changes
in procedure:
The Department will no longer issue individual Certificates of exemption to subcontractors. Only
prime contractors will receive a Contractor’s Exemption Certificate on exempt projects.
Upon receipt of the Certificate, the prime contractor should make a copy for each subcontractor
involved in the project and complete it by filling in the subcontractor’s name and address and
signing it.
The original Certificate should always be retained by the prime contractor. Copies of all
Certificates that the prime contractor issued to subcontractors should be kept at the prime
contractor’s place of business for a minimum of three years and be available for inspection in
the event of an audit.
Once an 89# has been assigned to you, please use the next five numbers following it for any
applications submitted for future projects. This should be your permanent number. For
instance, if you were assigned 89-12345-0001, every application submitted thereafter should
contain 89-12345 on the application. The succeeding numbers will be issued by the
Department of Revenue. DO NOT enter what you believe to be the next in sequence as this
may delay processing of your application.
SECTION 00700
GENERAL CONDITIONS
SECTION 00800
SUPPLEMENTARY CONDITIONS
SECTION 00800
SUPPLEMENTARY CONDITIONS
Conditions of the Contract
These Supplementary Conditions amend or supplement the General Conditions of the
Construction Contract (EJCDC General Conditions 1910-8, 1990 edition with City of Fort Collins
modifications) and other provisions of the Contract Documents as indicated below.
SC-1.38 Definitions
A. Add the following language to the conclusion of paragraph 1.38 of the General
Conditions:
Substantial Completion. .... Substantial Completion is further defined as that
degree of completion of the operating facilities or systems of the Project
defined in the Work Order sufficient to provide the OWNER the full time,
uninterrupted, continuous, beneficial operation of the modifications, and all
inspections required have been completed and identified conditions
corrected.
SC-1.43 Work Order
A. Add the following new paragraph immediately after paragraph 1.43 of the General
Conditions:
1.43 Work Order--A written document executed by OWNER and
CONTRACTOR that provides for the construction of a portion of the Work,
pursuant to the Agreement and all as required by the Contract Documents,
and that becomes a Contract Document when executed.
SC-2.8 Preliminary Matters
A. Delete paragraph 2.8 of the General Conditions entirely and replace it with the
following paragraph:
Preconstruction Conference. Within ten days after the Contract Times for a
Work Order start to run, but before any Work at the site is started, a
conference attended by CONTRACTOR, ENGINEER and others as
appropriate will be held to establish a working relationship among the parties
as to the Work and to discuss the schedules referred to in paragraph 2.6,
procedures for handling Shop Drawings and other submittals, processing
Applications for Payment, and maintaining required records.
SC-2.10 Work Order
A. Add the following new paragraph immediately after paragraph 2.9 of the General
Conditions:
2.10 Work Order Required for All Work. References to the Agreement in this
Article 2 and in the General and Supplementary Conditions and Contract
Documents notwithstanding, no Work shall be initiated or performed until
CONTRACTOR has received a signed and executed Work Order,
incorporating the Notice to Proceed, from OWNER; and no provision of this
Article 2 or of the General and Supplementary Conditions and Contract
Documents shall permit or require any action of CONTRACTOR in the
absence of a signed and executed Work Order. All provisions of this Article 2
and of the General and Supplementary Conditions and Contract Documents
referencing the Agreement or other parts of the Contract Documents, or
permitting or requiring any action of CONTRACTOR, shall be read as
referencing and, as appropriate, requiring a signed and executed Work
Order.
SC-4.2 Subsurface and Physical Conditions:
A. Add the following language to paragraph 4.2.1 of the General Conditions.
4.2.1.1.1 The following report(s) of exploration and tests of subsurface conditions
at the site of the Work:
[Report Title, Report #, Author, Date]
Contractor may rely upon the accuracy of the technical data contained in the
geotechnical documents, but not upon nontechnical data, interpretations or
opinions contained therein or upon the completeness of any information in the
report.
B. 4.2.1.2.1 No drawing of physical conditions in or relating to existing surface or
subsurface structures (except Underground Facilities referred to in Paragraph
4.3) which are at or contiguous to the site have been utilized by the Engineer in
preparation of the Contract Documents, except the following:
[Report Title, Report #, Author, Date]
SC-5.4.7 Additional Insureds. Include the following parties or entities as additional insureds,
as provided in paragraph 5.4.7 of the General Conditions:
5.4.7.1 City of Fort Collins, PO Box 580, Fort Collins, Colorado 80522
5.4.7.2 [Other Party Name, Address, City, State, Zip]
SC-5.4.8 Limits of Liability
A. Add the following language at the end of paragraph 5.4.8.
The limits of liability for the insurance required by the paragraph numbers of the
General Conditions listed below are as follows:
5.4.1 and 5.4.2
Coverage A - Statutory Limits
Coverage B - $100,000/$100,000/$500,000
5.4.3 and 5.4.5 Commercial General Liability policy will have limits of
$1,000,000 combined single limits (CSL). This policy will include coverage for
Explosion, Collapse, and Underground coverage unless waived by the
Owner.
5.4.6 The Comprehensive Automobile Liability Insurance policy will have
limits of $1,000,000 combined single limits (CSL).
5.4.9 This policy will include completed operations coverage/product liability
coverage with limits of $1,000,000 combined single limits (CSL).
SC-6.14.3 Contractors Responsibilities
A. Add the following new paragraph immediately after paragraph 6.14.2 of the
General Conditions:
6.14.3. The following Laws or Regulations are included in the Contract
Documents as mandated by statute or for the convenience of the
CONTRACTOR. Other Laws and Regulations apply which are not
included herein, and are within the CONTRACTOR's duty and
responsibility for compliance thereto:
6.14.3.1 Notice to owners of Underground Facilities is required prior
to excavations in the vicinity of such facilities.
6.14.3.2 Unless otherwise decided by reason of the amount of the
Contract Price involved, or other good reason, before or at
the time that the contract is awarded to a corporation outside
the State of Colorado, such corporation must carry out the
proper procedure to become authorized to do business in
the State of Colorado, designate a place of business therein,
and appoint an agent for service of process.
Such corporation must furnish the OWNER with a certificate
from the Secretary of State of Colorado has been issued by
its office and there shall also be procured from the Colorado
Secretary of State of photostatic or certified copy of the
designated of place of business and appointment of agent
for service of process, or a letter from the Colorado
Secretary of State that such designation of place of business
and agent for service of process have been made.
6.14.3.3 The CONTRACTOR must conform to the rules and
regulations of the Industrial Commission of Colorado.
Particular reference is made to rules and regulations
governing excavation Work adopted by the Industrial
Commission of Colorado.
SC-8.10 OWNER’s Project Manager
A. Add the following language to ARTICLE 8:
8.10. The OWNER will provide a Project Manager. The CONTRACTOR shall direct
all questions concerning Contract interpretation, Change Orders, and other
requests for clarification or instruction to the Project Manager.
8.10.1 Authority: The Project Manager will be the OWNER's
representative during the construction of the project. The Project
Manager shall have the authority set forth in the OWNER's Capital
Project Procedures Manual. The Project Manager shall have the
authority to reject work and materials whenever such rejection
may be necessary to ensure the proper performance of the Work
in accordance with the Contract Documents.
8.10.2 Duties and Responsibilities: The Project Manager will make
periodic visits to the project site to observe the progress and
quality of the Work and to determine, in general, if the Work is
proceeding in accordance with the Contract Documents. The
Project Manager shall not be required to make comprehensive or
continuous inspections to check the progress or quality of the
Work. The Project Manager shall not be responsible for
construction means, methods, techniques, sequences, or
procedures, or for safety precautions or programs in connection
with the Work, or for any failure of the Contractor to comply with
laws and regulation applicable to the performance or furnishing of
the Work. Visits and observations made by the Project Manager
shall not relieve the CONTRACTOR of his obligation to conduct
comprehensive inspections of the Work, to furnish materials and
perform acceptable Work, and to provide adequate safety
precautions in conformance with the Contract Documents. The
Project Manager shall at all times have access to the Work. The
CONTRACTOR shall provide facilities for such access so the
Project Manager may perform his or her functions under the
Contract Documents.
8.10.3 One or more Resident Construction Inspector(s) (RCI) may be
assigned to assist the Project Manager in providing observation of
the Work, to determine whether or not the Work is proceeding
according to the construction documents. CONTRACTOR will
receive written notification from the OWNER of any RCI
assignments. The RCI shall not supervise, direct or have control
or authority over, nor be responsible for, CONTRACTOR's means,
methods, techniques, sequences or procedures of construction or
the safety precautions and programs incident thereto, or for any
failure of CONTRACTOR to comply with Laws and Regulations
applicable to the furnishing or performance of the Work. The RCI
will not be responsible for CONTRACTOR's failure to perform or
furnish the Work in accordance with the Contract Documents.
The RCI's dealings in matters pertaining to the on-site work will be
to keep the Project Manager properly apprised about such
matters.
8.10.4 Communications: All instructions, approvals, and decisions of the
Project Manager shall be in writing. The CONTRACTOR may not
rely on instructions, approvals, or decisions of the Project
Manager until the same are reduced to writing.
SC-11.6.2 Change of Contract Price
A. Add the following new paragraph to paragraph 11.6.2 of the General Conditions:
11.6.2.7. Cost of the Work. Allowances for profit, overhead and mark-up
prescribed by Article 4 of the Agreement shall be used in lieu of any
CONTRACTOR'S fee, overhead, profit or mark-up allowances as
prescribed in paragraphs 11.6.2.1, 11.6.2.2, and 11.6.2.3.
SC-12.3 Add the following language to the end of paragraph 12.3.
Contractor will include in the project schedule zero (0) days lost due to abnormal
weather conditions.
SC-13.12 Correction Period:
13.12.1 If within one year after the date of Substantial Completion or such longer
period of time as may be prescribed by Laws or Regulations or by the
terms of any applicable special guarantee required by the Contract
Documents or by any specific provision of the Contract Documents, an
Work is found to be defective, CONTRACTOR shall promptly, without
cost to OWNER and in accordance with OWNER’s written instructions . . .
SECTION 00900
ADDENDA, MODIFICATIONS AND PAYMENT
00950 Contract Change Order
00960 Application for Payment
SECTION 00950
CHANGE ORDER NO.
WORK ORDER # AND TITLE:
CONTRACTOR:
ORIGINAL PROJECT # AND TITLE:
DESCRIPTION:
1. Reason for change:
2. Description of Change:
3. Change in Contract Cost:
4. Change in Contract Time:
ORIGINAL CONTRACT COST $ .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 ORIGNINAL CONTRACT %
ADJUSTED CONTRACT COST $ .00
(Assuming all change orders approved)
ACCEPTED BY: DATE:
Contractor's Representative
ACCEPTED BY: DATE:
Project Manager
REVIEWED BY: DATE:
Title:
APPROVED BY: DATE:
Title:
APPROVED BY: DATE:
Purchasing Agent over $30,000
cc: City Clerk Contractor Engineer
Project File Architect Purchasing
SECTION 00960
APPLICATION FOR PAYMENT