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HomeMy WebLinkAboutRFP - P951 WATER WW & SW UTILITY INFRASTRUCTURE DESIGN AND CONSTRUCTIONAdministrative Services Purchasing Divison 215 North Mason Street y 2nd Floor y P.O. Box 580 y Fort Collins, CO 80522-0580 y (970) 221-6775 y Fax (970) 221-6707 www.fcgov.com ADDENDUM No. 1 SPECIFICATIONS AND CONTRACT DOCUMENTS Description of Bid: P951 Water, Wastewater, and Stormwater Utility Infrastructure Design/Construction Contractor OPENING DATE: 3:00 PM (Our Clock) August 27, 2004 To all prospective bidders under the specifications and contract documents described above, the following changes are hereby made. ADD: FUTURE WORK Submit the following information: 9. Design Phase Cost: Provide hourly rates charge 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. Rates will be renegotiated each year when the Master Agreement is renewed. ADD: The attached map is incorporated to the scope of the request for proposal P951. RECEIPT OF THIS ADDENDUM MUST BE ACKNOWLEDGED BY A WRITTEN STATEMENT ENCLOSED WITH THE BID/QUOTE STATING THAT THIS ADDENDUM HAS BEEN RECEIVED. CITY OF FORT COLLINS FOR WATER, WASTEWATER, AND STORMWATER UTILITY INFRASTRUCTURE DESIGN/CONSTRUCTION CONTRACTOR PROPOSAL NO. P951 PROPOSAL DATE: 3:00 p.m. (our clock) August 27, 2004 Administrative Services Purchasing Divison 215 North Mason Street y 2nd Floor y P.O. Box 580 y Fort Collins, CO 80522-0580 y (970) 221-6775 y Fax (970) 221-6707 www.fcgov.com CITY OF FORT COLLINS WATER, WASTEWATER, AND STORMWATER UTILITY INFRASTRUCTURE DESIGN/CONSTRUCTION CONTRACTOR PROPOSAL NO. P951 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 Distribution Systems: Waterlines will generally vary in size from 24 inches to 72 inches in diameter. Pipeline materials are generally ductile, tape wrapped steel, polyurethane coated steel, pretensioned concrete, or reinforced concrete. The pipelines carry either treated or raw water. • Wastewater Trunk and Collection Systems: Sanitary sewer sizes will generally vary from 12 inches to 42 inches in diameter. Pipeline materials are generally clay tile, reinforced concrete, PVC, or ductile iron. • Stormwater Collection, Detention, and Transport Systems: Stormwater management structures include reinforced concrete curb inlet systems, pond inlet/outlet structures, drop structures, dams, spillways, and hydraulic gate structures. Pipeline sizes generally vary in size from 18 inches to 108 inches in diameter. Reinforced elliptical concrete pipe and box culverts may be utilized. Pipeline materials are generally reinforced concrete pipe, PVC, or ductile iron. • All types of utility infrastructure improvement projects may include any or all of the following types of work: excavation, compaction, placement of structural fill, soil hauling and placement, pipeline construction, boring, tunneling, trenching, concrete or asphalt paving, and traffic control. The selected contractor will be retained on a yearly basis for the next five years based on continued satisfactory performance. The City will select a highly qualified utility General Contractor who can provide constructability input, cost estimating, and scheduling services as part of the project design team. The selected contractor will provide quality construction services while working with both City Staff and Engineering Design Consultants in a manner characterized by teamwork. A copy of the Proposal may be obtained as follows: 1. Call the Purchasing Fax-line, 970-416-2033 and follow the verbal instruction to request document #30951. 2. Download the Proposal/Bid from the Purchasing Webpage, www.fcgov.com/purchasing. 3. Come by Purchasing at 215 North Mason St., 2nd floor, Fort Collins, and request a copy of the RFP. Eight (8) copies of the proposal will be received at the City of Fort Collins Purchasing Division, P. O. Box 580, 215 North Mason St., 2nd Floor, Fort Collins, Colorado 80522 on or before 3:00 p.m. (our clock), August 27, 2004. Proposal number P-951. If delivered, proposals shall be addressed to 215 North Mason St., 2nd Floor, Fort Collins, Co. 80524. If mailed, proposals shall be addressed to P.O. Box 580, Fort Collins, Co 80522-0580. Selection of the contractor will be based upon the review of detailed information required in the proposals, among which are data concerning experience, past performance, suitability and availability of key staff and proposed cost parameters. It is of utmost importance that the requested data be submitted with your proposal. The selection criteria are detailed in the Request for Proposals. Following review of proposals, the City anticipates a detailed interview with three or more contractors to determine the selected firm. Questions regarding proposal submittal or process should be directed to Opal F. Dick, CPPO, Senior Buyer (970)-221-6778. Firms interested in proposing are encouraged to contact the Utilities Senior Utility Engineer for information about the scope of the work. Questions should be directed to Owen Randall, P.E., Senior Engineer (970) 221-6809. Sales prohibited/conflict of interest: No officer, employee, or their dependent or person residing in and sharing the expenses of their household, shall have a financial interest in the sale to the City of any real or personal property, equipment, material, supplies, or services. This rule also applies to subcontracts with the City. This shall not apply to members of any authority, board, committee or commission of the City, other than the members of the City Council. Soliciting or accepting any gift, gratuity favor, entertainment, kick-back 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. Any vendor knowing of this type of activity is encouraged to report in confidence to the Director of Purchasing and Risk Management, Director of Finance, City Attorney or City Manager so the matter can be dealt with. 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. Sincerely, James B. O’Neill II, CPPO, FNIGP Director of Purchasing & Risk Management Vendors: The City of Fort Collins Purchasing Division has implemented an on-line vendor registration system. This system allows vendors to register, view and update their business information and commodities. In the future, vendors will also be able to receive Requests for Proposals (RFP’s) through the on-line system. All vendors doing business with the City of Fort Collins are requested to register. The vendor registration system is accessible through the City of Fort Collins Purchasing Department internet webpage at www.fcgov.com/purchasing. The vendor registration form is located by clicking https://secure2.fcgov.com/bso/login.jsp Note the printable instruction pages link. Please enter the applicable Class & Item Commodity Codes when registering. Class –Item Codes: 913-40 Construction, Pipeline 913-45 Construction, Sewer and Storm Drain 912-44 Excavation • Scroll down until you reach the appropriate category, placing a check in each category you are interested in receiving solicitations for. • Click SAVE AND ADD MORE If you have any difficulty completing the registration process, please call the Purchasing Division at (970)221-6775 for assistance. REQUEST FOR PROPOSAL CITY OF FORT COLLINS WATER, WASTEWATER, AND STORMWATER UTILITY INFASTRUCTURE DESIGN/CONSTRUCTION CONTRACTOR PROPOSAL NO. P951 GENERAL The purpose of the RFP is to select at least one contractor, and possibly two, that can provide general construction and design assistance services for Water, Wastewater, and Stormwater Utilities Infrastructure Capital Projects. The selected contractor will become a member of the “Project Team” which consists of the Contractor, the Engineering Consultant, and the City of Fort Collins Utilities Project Management Staff. All team members will work to establish an atmosphere of respect, responsibility, and trust with a mutual goal of successful project implementation and ultimately a superior product to the City of Fort Collins Utilities Customers. The Contractor can expect to provide services during two major project phases: Project Design Phase • The selected Contractor will 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 regiments. An innovative approach to solving difficult construction problems is required. • 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 conditions. Project Construction Phase • The selected Contractor will serve as the General Contractor on selected Water, Wastewater, and Stormwater Utilities Infrastructure Capital 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 installation of pipelines in sizes from 8 inch diameter up to 108 inch diameter in a wide range of materials. Construction of manholes, curb inlets, concrete cast in place structures, earthen dams and embankments, spillways, large excavations, boring, tunneling, trenching, grading, concrete flatwork, paving and landscaping. This list is not intended to be inclusive of all possible services that could be required. Project work will be paid in one of three methods using a work order system: • on a time and material basis from rates submitted as part of the RFP and then renegotiated annually. • on a negotiated unit price contract determined before the work is started. • 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. All costs are verified by independent cost estimates. All project negotiations will be done in an “open book” manner GENERAL RFP SUBMITTAL REQUIREMENTS Filling traditional adversarial roles between the owner and contractor is not an acceptable way of doing business for the City of Fort Collins Utilities. The project(s) require working in an atmosphere of trust with all parties working toward the same goals. You are strongly encouraged to call and discuss the possible project(s) and to ask questions. Contact the Senior Utilities Engineer, Owen Randall at (970) 221-6809, to discuss in more detail. Qualified General Contractors interested in the work described in this RFP should submit the following information to the City: DETAILED APPROACH INFORMATION TO AN IDENTIFED PROJECT: -DRAKE RELIEF SEWER The City of Fort Collins Utilities Department and it’s Civil Engineering Design Consultant (RTW) are in the process of developing preliminary design plans for a major sanitary relief sewer project at the east end of Drake Road (See attached map). The project will involve boring under the Great Western Railroad for the installation of the new sewer and casing, installation of approximately 1800 lineal feet of 42 inch interceptor sewer in open fields and public streets next to existing sewers and other utilities, associated new manholes, a flow interception/splitter box, and existing utility relocations. During construction all existing utilities must remain in service. For the Drake Relief Sewer Project address how your firm would approach the following factors in the construction: • Construction sequences and schedules. • Means and Methods • Value engineering for the most cost effective solutions (placement and alignment of piping and structures). • 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. • Permitting • Traffic Control. • Water Control. • Staffing and equipment. • Subcontractors you would generally use. • Impact to the public and landowners. • Partnering. • Equipment resources and availability. • Coordination with other construction and development projects in the area. • Public relations due to construction impacts. Submit how your firm will provide: The resources, manpower, ability, and commitment to provide design and construction services for the above mentioned project. Specific people and their experience should be detailed in this section. FUTURE WORK Submit the following information: 1. General information. Name of firm, contact person for this proposal, title, phone number, e-mail address, fax number, street and mailing addresses, any previous names of firm in last 10 years, and date established. List in detail current projects under construction and include owner’s name, contract price, percent complete, scheduled completion date and brief description of the work. Due to the complexity of possible projects, the commitment of key staff to manage the work is critical to the City of Ft. Collins Utilities. 2. Key project staffing. Submit the management staff that you would propose to be the normal and chief contacts with City staff. • An organization chart of project management with names. • An organizational chart of all management with names that will be involved in the project(s) including subcontractors. • Job descriptions of key positions (i.e. project manager, project superintendent(s), onsite project manager, project engineer, cost estimator, others as appropriate). • Detailed resumes of individuals proposed to fill key positions with past project experience. • Define who will negotiate contracts and cost issues. 3. General company resources. List of appropriate equipment available for use such as excavator(s), loaders, compaction equipment, pumps for ground water, trench boxes, dump trucks, etc. 4. Project experience. 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 both in pipe size as well as contract size. Highlight participation by key staff proposed for this RFP. Provide both an owner reference and consulting engineer reference for cited projects. 5. Partnering experience. Describe any experience by the firm or key staff with similar owner/engineer/contractor teams. Describe the firm’s experience in Partnering, both formal and informal. Highlight any Partnering experience by key staff proposed for this project. Provide references for cited experience. Address in this section all projects completed in the last five years on a negotiated contract basis and give details and references. 6. Safety record. Provide the firm’s OSHA reportable accident rate and current workman’s compensation insurance multiplier for the last 3 years. Address your company’s safety program and any additional information that would be useful in showing your approach to a safe work site. Unsafe conditions with respect to the public, owner, engineer, and contractor are not an option. 7. Subcontractors. Based on the description of the work in this request, describe subcontractors that you have working relationships with that might be used on these projects. 8. Construction cost factors. 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: ƒ Overhead and profit (combined) margin for general office activities on the base bid cost. ƒ Overhead and profit (combined) margin for field office activities on the base bid cost. ƒ Markup on subcontractor work by the General Contractor. ƒ Markup on materials and equipment on the base bid cost. ƒ Markup on project labor or materials to determine the final contract price. ƒ 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. ƒ You MUST submit the above requested information. The selection team will consider other methods of contract negotiations that the firm may have experience with. Firms are encouraged to submit basis for contract negotiation. Your firm is expected and required to have a completely open book policy on all pricing of work. 10. Financial statement. Provide a recent financial statement (audited if possible) including balance sheet and income statement showing: ƒ Current assets ƒ Other assets ƒ Current liabilities ƒ Other liabilities ƒ Fixed assets and equipment 11. Banking reference. Provide the name, address and phone number of the firm’s banking reference. 12. 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. 13. 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? CONTRACTOR REVIEW AND ASSESSMENT Construction firms will be evaluated on the following qualification criteria. Criteria will form the basis for rating of written proposals as well as oral interviews. Rating scale will be from 1 to 5 (or 10, depending on maximum possible points), with 1 being a poor rating, and the maximum possible points being an outstanding rating. POSSIBLE POINTS MAX-MIN QUALIFICATION STANDARD 10 - 1 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? 10 - 1 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? 5 - 1 Safety Record OSHA Illness/Injury Rate, OSHA Lost Work Day Incidence Rate and Workman’s Comp Experience Modification Rate Insurance multiplier. 10 - 1 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? 10 - 1 Cost for Design Phase Are the proposed design cost rates reasonable and competitive? 10 - 1 Construction Cost Factors Do the proposed construction cost factors compare favorably with industry standards and other firms’ construction cost factors? 10 - 1 Construction Performance Do the referenced projects reflect favorably in respect to completion within the contract schedule, cost and number of change orders and claims? 5 - 1 Motivation Has the firm shown an interest in work and a commitment to the successful completion of the project? REFERENCE EVALUATION The City of Fort Collins will check references for overall performance, timetable, completeness, budget and job knowledge of selected projects/references. A satisfactory/unsatisfactory rating shall be given to each reference contacted. 5/98 AGREEMENT Page 00520-1 SECTION 00520 AGREEMENT CONSTRUCTION WORK ORDER TYPE THIS AGREEMENT made and entered into the day and year set forth below, by and between THE CITY OF FORT COLLINS, COLORADO, a Municipal Corporation, hereinafter referred to as OWNER, and _______________ hereinafter referred to as CONTRACTOR. WITNESSETH: In consideration of the mutual covenants and obligations herein expressed, it is agreed by and between the parties hereto 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 in Water Reclamation Facility Improvements Contractor; 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 Water Reclamation Facility Improvements. 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 5/98 AGREEMENT Page 00520-2 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 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. 5/98 AGREEMENT Page 00520-3 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, 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 October 1, 2001. 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: OWNER: With Copy to: CONTRACTOR: City of Fort Collins, City of Fort Collins, Purchasing Division Attn: Attn: Opal F. Dick, CPPO, Senior Buyer Attn: P. O. Box 580 P. O. Box 580 Fort Collins, CO 80522 Fort Collins, CO 80522 Ft. 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. 5/98 AGREEMENT Page 00520-4 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. 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 twenty-five (25%) percent of the salaries and wages. 4.1.2. Unless otherwise provided in a Work Order, costs shall not be allowed for equipment rentals as defined in Article 11.4.5.3 of the General Conditions, costs of utilities as defined in Article 11.4.5.7, and minor expenses as defined in Article 11.4.5.8. 4.1.3. 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 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. 4.1.4. 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 _________(_) percent of the actual Cost of the Work, General Office overhead and profit which shall be defined as ____ (_%) percent of the actual Cost of the Work. 4.2. Unless otherwise provided in a Work Order, CONTRACTOR shall participate in any cost savings realized by the OWNER at the completion of the Work authorized by the Work Order. If the actual Cost of the Work is less than the Allowable Cost of the Work, the 5/98 AGREEMENT Page 00520-5 Shared Savings paid to the CONTRACTOR shall equal one-fourth of the difference between the actual Cost of the Work and the Allowable Cost of the Work for all work covered by and included in the Work Order. 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 for each executed Work Order 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 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 of a Work Order, progress payments will be in the amount equal to the percentage indicated below, 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. Ninety (90%) percent of the value of Work completed until the Work has been fifty (50%) percent completed as determined by ENGINEER, when the retainage equals five (5%) of the Contract Price, and if the character and progress of the Work have been satisfactory to OWNER and ENGINEER, OWNER on recommendation of ENGINEER, 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 ________(_) percent of the Work completed. _______(__) percent 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 for payment. 5.1.2. Upon Substantial Completion of a Work Order, payment will be made in an amount sufficient to increase total payments to CONTRACTOR to ________ (__%) percent 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 a Work Order in accordance with paragraph 14.13 of the General 5/98 AGREEMENT Page 00520-6 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 REPRESENTATIONS In order to induce OWNER to enter into this Agreement, CONTRACTOR makes the following representations, which CONTRACTOR shall perform for each proposed Work Order prior to OWNER’s execution of said Work Order: 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. 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 Article 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 5/98 AGREEMENT Page 00520-7 Contract Documents and the written resolution thereof by ENGINEER is acceptable to CONTRACTOR. ARTICLE 7. CONTRACT DOCUMENTS 7.1 The Contract Documents concerning the Work comprise the entire Agreement between OWNER and CONTRACTOR. Covenants or representations not contained in this Agreement shall not be binding on the parties. The Contract Documents consist of the General Conditions, the Supplementary Conditions, those items listed in Article 1.10 of the General Conditions, each signed and executed Work Order, 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 specified in any Work Order, and related actions in carrying out the terms of this Agreement, are deemed Contract Documents and incorporated herein by this reference. Included in Sections 00600 and 00900, these include, but are not necessarily 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 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, including executed Work Orders issued under this Agreement, 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 1 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 5/98 AGREEMENT Page 00520-8 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, officers, employees, successors, agents, assigns and legal representatives to the other party hereto, its partners, officers, employees, successors, agents, assigns, and legal representatives in respect to all covenants, Agreement and obligations contained in the Contract Documents. 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 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. 5/98 AGREEMENT Page 00520-9 OWNER: CITY OF FORT COLLINS CONTRACTOR: By:_________________________ By:__________________________________ BY:_____________________________ Name:________________________________ JAMES B. O’NEILL II, CPPO DIRECTOR OF PURCHASING Title:___________________________ AND RISK MANAGEMENT Date:__________________________ Date:________________________________ (CORPORATE SEAL) Attest:________________________ Attest:______________________________ City Clerk Name:________________________________ License No. __________ Approved as to Form: _______________________________ Assistant City Attorney 5/98 WORK ORDER & NOTICE OF AWARD Page 00525-1 SECTION 00525 WORK ORDER & NOTICE OF AWARD TO: __________ WORK ORDER NUMBER: _______________ PURCHASE ORDER NUMBER: ______________ WORK ORDER TITLE: _______________________________________________ ENGINEER: _____________________ OWNERS REPRESENTATIVE: NOTICE OF AWARD DATE: OWNER: CITY OF FORT COLLINS (hereinafter referred to as OWNER) 1. WORK. You are hereby notified that your Bid dated ___________, ____, for the above Work Order has been considered. Pursuant to your AGREEMENT with OWNER dated _____________, 200_, you have been awarded a Work Order for this Work Order Description:_____________ _______________________shall be inclusive of all projects associated with the Water Reclamation facility Improvements Construction Contractor as defined in the Master Agreement dated _________, 200_. 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 number of days or the date for Substantial Completion of this Work Order is ___________________, and, after Substantial Completion, the number of days or the date for Final Payment and Acceptance is _____________________. 4. LIQUIDATED DAMAGES. Pursuant to the AGREEMENT and the Contract Documents: A. Substantial Completion: ________________ ($___________) for each calendar day or fraction thereof that expires after the ________ (__) calendar day period for Substantial Completion of the Work of this Work Order until the Work is Substantially Complete. B. Final Acceptance: After Substantial Completion, ____________ ($___________) for each calendar day or fraction thereof that expires after the ________ (_______) calendar day period for Final Payment and Acceptance of the Work of this Work Order until the Work is ready for Final Payment and Acceptance. 5/98 WORK ORDER & NOTICE OF AWARD Page 00525-2 5. EXECUTION. Four (4) 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 Work Order & Notice of Award, that is, by ______________, _____. A. You must deliver to OWNER four (4) fully-executed counterparts of this Work Order, including all amendments or supplements to the Contract Documents incorporated herein. Each Work Order must bear your signature as provided. B. You must deliver with the executed Work Order the Contract Security (Bonds) and insurance, as specified in the Agreement, this Work Order, the General Conditions (Article 5.1) and the Supplementary Conditions. Failure to comply with these conditions within the time specified will entitle OWNER to consider your Bid abandoned and to annul this Work Order & Notice of Award. Within ten (10) days after you comply with those conditions, OWNER will return to you one (1) fully-signed counterpart of this Work Order with any amendments or supplements to the Contract Documents attached. CONTRACTOR’S WORK ORDER REPRESENTATION & EXECUTION: CONTRACTOR agrees to perform the services identified above, and in the attached Contract Documents consisting of ____________ (____) pages, in accordance with the terms and conditions contained herein and in the AGREEMENT dated ___________, _____, between the parties. In the event of a conflict between or ambiguity in the terms of the AGREEMENT and this Work Order (included the attached Contract Documents), the AGREEMENT shall control. CONTRACTOR: ___________________________. By: ________________________________________ Date: ____________________ Name: ___________________________ 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: _____________________________________ Water Utilities Project Manager OWNER: CITY OF FORT COLLINS By: _______________________________________ Date: _________________ JAMES B. O’NEILL II, CPPO, DIRECTOR OF PURCHASING AND RISK MANAGEMENT Nov 2003 1 SECTION 00530 WORK ORDER NOTICE TO PROCEED WORK ORDER TITLE: ______________________________________________ WORK ORDER NUMBER: _____________ NOTICE TO PROCEED DATE: ____________ TO: _________________________________ Attn: ___________________________, Project Manager _________________________________ _________________________________ 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 ______________, _____, and ______________, _____, respectively. Dated this _____________ day of ___________, _____. CITY OF FORT COLLINS OWNER By: ___________________________________________ _______________________________________________ Name & Title ACKNOWLEDGMENT OF NOTICE Receipt of the above Work Order Notice to Proceed is hereby acknowledged this _____________ day of ___________, _____. CONTRACTOR By: ___________________________________________ ___________________________________________ Name & Title