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HomeMy WebLinkAboutRFP - 7089 WATER WW AND SW UTILITIES INFRASTRUCTURE DESIGN AND CONSTRUCTION SERVICESREQUEST FOR PROPOSAL CITY OF FORT COLLINS WATER, WASTEWATER, AND STORMWATER UTILITIES INFRASTRUCTURE DESIGN AND CONSTRUCTION SERVICES CONTRACTOR PROPOSAL 7089 Purchasing Division 215 North Mason, 2nd Floor Opening Date: NOVEMBER 20, 2009 3:00 P.M. (our clock) rev 01/08 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 REQUEST FOR PROPOSAL 7089 The purpose of the request for proposal is to select at least one contractor, and possibly two, to provide general construction and design assistance services for Water, Wastewater, and Stormwater Utilities Infrastructure Capital Projects and emergency repair services as needed. The selected contractor will become a member of the Alternative Product Delivery System project team, consisting of the Contractor, the Engineering Consultant, and the City of Fort Collins Utilities’ Project Management Staff. All team members will work together from conceptual design through construction. The selected contractor(s) will be retained on a yearly basis for the next five years based on continued satisfactory performance. Proposals, ten copies (10) copies 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), November 20, 2009. Proposal number 7089. 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(s) will be based upon the submittal 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 Dean Saye, (970) 217-8116. A copy of the Proposal may be obtained as follows: 1. Download the Proposal/Bid from the BuySpeed Webpage, www.fcgov.com/eprocurement 2. Come by Purchasing at 215 North Mason St., 2nd floor, Fort Collins, and request a copy of the Bid. 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. Information considered proprietary is limited to material treated as confidential in the normal conduct of business, trade secrets, discount information, and individual product or service pricing. Summary price information may not be designated as proprietary as such information may be carried forward into other public documents. All provisions of any contract r esulting from this request for proposal will be public information. 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 t hat 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 REQUEST FOR PROPOSAL CITY OF FORT COLLINS WATER, WASTEWATER, AND STORMWATER UTILITIES INFRASTRUCTURE DESIGN AND CONSTRUCTION SERVICES CONTRACTOR PROPOSAL NO. 7089 GENERAL: The purpose of the RFP is to select at least one contractor, and possibly two, to provide general construction and design assistance services for Water, Wastewater, and Stormwater Utilities Infrastructure Capital Projects and emergency repair services as needed, depending on the specific qualifications of the submitting contractors. The selected contractor will become a member of the Alternative Product Delivery System (APDS) project team, consisting of the Contractor, the Engineering Consultant, and the City of Fort Collins Utilities’ Project Management Staff. All team members will work together from conceptual design through construction 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 and emergency response services: Project Design Phase ƒ The selected Contractor will attend design meetings, as needed, during conceptual, preliminary and final design of Utilities Capital Projects. ƒ The selected Contractor is expected to bring to the table their construction expertise and actively assist the Project Team on issues of constructability, materials and subcontractor selection, scheduling, cost estimating and contract requirements. An innovative approach to solving difficult construction problems is required. ƒ 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 ƒ The selected Contractor will serve as the General Contractor on selected Water, Wastewater, and Stormwater Utilities Infrastructure Capital Projects. ƒ 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. ƒ 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. Includes construction of manholes, curb inlets, concrete cast-in-place structures, earthen dams and embankments, spillways, large excavations, pipeline appurtenances, 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. Emergency Repair Services ƒ Emergency repairs on utility infrastructure that is unusually large, deep and/or complicated. ƒ Emergency repairs on large diameter water, sanitary sewer or stormsewer pipelines. The pipelines will generally vary in size from 12 inches to 108 inches in diameter. Pipeline materials are generally ductile or cast iron, tape wrapped steel, coal tar coated steel, pretensioned concrete, PVC, or reinforced concrete. The pipelines could carry either treated or raw water. Project work will be paid in one of three methods utilizing a Work Order system: ƒ On a time and material basis from rates submitted as part of the RFP. ƒ On a negotiated unit price contract determined before the work is started. ƒ On a lump sum basis determined before the work is started. The selected contractor may be retained on a yearly basis for the next five years based on continued satisfactory performance with an annual renegotiation of contract costs as specified in the Agreement. 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. Selection of the contractor will be based upon the submittal of detailed information required in the proposal, 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. 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 about our APDS process. Contact the Utilities’ Project Manager, Dean Saye at (970) 217-8116, to discuss in more detail. Please present information concerning this proposal in a planned, concise and clear manner. Only include information about your firm that is specific to our proposal request and project needs. DETAILED APPROACH INFORMATION TO BE SUBMITTED: Qualified general contractors interested in the work described in this RFP should submit a minimum of the following information to the City. Project Design and Construction Phase One of the projects performed under this contract will be to complete the construction of the Canal Importation Ponds and Outfall (CIPO) pipeline. This phase of the proposed project consists of constructing approximately 2000 feet of 60” to 84” RCP stormsewer mainline, with lateral piping and associated inlets, in existing roads in established neighborhoods and excavation of a large detention basin in an empty lot adjacent to an elementary school. Address how your firm would approach the following factors in the construction: ƒ Construction sequences and schedules. ƒ Value engineering for the most cost effective solutions ƒ Input such as cost, ease of installation, delivery schedule, quality and past experience on materials and products proposed to be used ƒ Traffic Control ƒ Staffing ƒ Subcontractors you would generally use ƒ Impact to the public and landowners ƒ Safety ƒ Partnering ƒ Equipment resources and availability Emergency repair Provide a sample detailed cost estimate of a theoretical pipeline repair. ƒ Assume the repair is on a 42 inch, pretensioned concrete cylinder pipeline, conveying finished water. ƒ Assume eight feet of cover, pipe bedded in granular fill, with ground water a factor. ƒ Break is in an asphalt arterial road and must be repaired as soon as possible. ƒ Assume a forty foot long section has to be replaced. ƒ Address response time, equipment, staff, coordination efforts you would provide, requirements you would have from the City, experience in the construction and repair of similar waterlines. ƒ Providing opinions and recommendations on suitable methods and approaches to accomplishing the work. Submit how your firm will provide • The resources, manpower, ability, and commitment to provide construction services in a timely and a cost effective manner on an as needed basis. We realize this on-call service is difficult to plan for. The Utility will work in every way possible to provide as much lead time as possible for the contractor to prepare for the work. Emergency repair services are usually extremely critical in nature they must be fixed quickly. Address how you will meet the requirement for 24/7 response. SPECIFIC INFORMATION REQUIRED: 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. ƒ An organization chart of project management with names. ƒ An organizational chart of all management with names that will be involved in the project(s) including subcontractors. ƒ Job descriptions of key positions (i.e. project manager, project superintendent(s), onsite project manager, project engineer, cost estimator, others as appropriate). ƒ Detailed resumes of individuals proposed to fill key positions with past project experience. ƒ 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. Detail any experience with trenchless technologies, including tunneling, boring, pipebursting, sliplining or other alternative methods of pipeline rehabilitation. 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 worker’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. 9. 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 10. Banking reference Provide the name, address and phone number of the firm’s banking reference. 11. 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. 12. 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? 5 - 1 Design Phase Cost 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 Firm Capability Does the firm have experience, equipment, manpower and finances to complete the work? 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 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. SECTION 00520 CONTRACT DOCUMENTS FORT COLLINS UTILITIES FOR CONSTRUCTION WORK ORDERS: (Contract forms, Conditions of the Contract, General Requirements) Date:________________ Contractor:_____________ RFP #_______ CONTRACT DOCUMENTS TABLE OF CONTENTS S ection Pages CONTRACT DOCUMENTS 00500 Construction work Order Agreement Forms 00520-1 – 00520-8 00520 Agreement – Construction Work Order Type 00525-1 – 00525-3 00525 Work Order & Notice of Award 00530-1 00530 Work Order Notice to Proceed 00530-1 00600 Bonds and Certificates 00600 00610 Performance Bond 00610-1 – 00610-2 00615 Payment Bond 00615-1 – 00615-2 00630 Certificate of Insurance 00630-1 00635 Certificate of Substantial Completion 00635-1 00640 Certificate of Final Acceptance 00640-1 00650 Lien Waiver Release (CONTRACTOR) 00650-1 – 00650-2 00651 Lien Waiver Release (SUBCONTRACTOR) 00651-1 – 00651-2 00660 Consent of Surety 00660-1 00670 Application for Exemption Certificate 00670-1 – 00670-2 CONDITIONS OF THE CONTRACT 00700 General Conditions 00700-1 – 00700-34 Exhibit GC-A GC-A1 – GC-A2 00800 Supplementary Conditions 00800-1 – 0800-4 00900 Addenda, Modifications, and Payment 00960-1 - 00960-4 AGREEMENT 00520- Page 12 SECTION 00500 CONSTRUCTION WORK ORDER AGREEMENT FORMS 00520 Agreement - Construction Work Order Type 00525 Work Order & Notice of Award 00530 Work Order Notice to Proceed rev 01/08 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 as Water, Wastewater, and Stormwater Utilities Infrastructure Design and Construction Services 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 General Pipeline Construction and Emergency Pipeline Repair. 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 AGREEMENT 00520- Page 1 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. 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 AGREEMENT 00520- Page 2 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_______, 20__. 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: PO Box 580 PO Box 580 Fort Collins, CO 80522 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 AGREEMENT 00520- Page 3 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 _________(__%) 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 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. AGREEMENT 00520- Page 4 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 one hundred(100 percent of the Work completed. Ninety(90%) 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 ninety-five(95%) 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 Conditions, OWNER shall pay the remainder of the Contract Price as recommended by ENGINEER as provided in said paragraph 14.13. AGREEMENT 00520- Page 5 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 Contract Documents and the written resolution thereof by ENGINEER is acceptable to CONTRACTOR. AGREEMENT 00520- Page 6 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 bound; and specifically but not without limitations, moneys that AGREEMENT 00520- Page 7 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. AGREEMENT 00520- Page 8 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. 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 AGREEMENT 00520- Page 9 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, Wastewater, and Stormwater Utilities Infrastructure Design and Construction Services 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 00525- Page 1 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: ________________________________ 5/98 AGREEMENT 00525- Page 2 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: ______________________________________________ Brian Janonis, Utilities Executive Director (if $1,000,000) OWNER: CITY OF FORT COLLINS By: ________________________________________ Date: _________________ JAMES B. O’NEILL II, CPPO, FNIGP DIRECTOR OF PURCHASING AND RISK MANAGEMENT (if greater than $60,000) 5/98 WORK ORDER & NOTICE OF AWARD 00525- Page 3 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 5/98 WORK ORDER NOTICE TO PROCEED 00530- Page 1 5/98 AGREEMENT 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 ________,________,________, a Corporation, hereinafter referred to as the "Principal" and (Firm) (Address) hereinafter referred to as "the Surety", are held and firmly bound unto City of Fort Collins, 300 LaPorte Ave, Fort Collins, Colorado 80522 a (Municipal Corporation) hereinafter referred to as the "OWNER", in the penal sum of __________________________ in lawful money of the United States, for the payment of which sum well and truly to be made, we bind ourselves, successors and assigns, jointly and severally, firmly by these presents. THE CONDITIONS OF THIS OBLIGATION are such that whereas the Principal entered into a certain Agreement with the OWNER, dated the _____ day of ___________, _____, a copy of which is hereto attached and made a part hereof, for the performance of The City of Fort Collins Work Order, titled ______________________________________, Work Order Number _______, dated the ___day of ________, _____, a copy of which is hereto attached and made a part hereof. NOW, THEREFORE, if the Principal shall well, truly and faithfully perform its duties, all the undertakings, covenants, terms, conditions and agreements of said Work Order and Agreement during the original term thereof, and any extensions thereof which may be granted by the OWNER, with or without Notice to the Surety and during the life of the guaranty period, and if the Principal shall satisfy all claims and demands incurred under such Work Order and Agreement, and shall fully indemnify and save harmless the OWNER from all cost and damages which it may suffer by reason of failure to do so, and shall reimburse and repay the OWNER all outlay and expense which the OWNER may incur in making good any default, then this obligation shall be void; otherwise to remain in full force and effect. PROVIDED, FURTHER, that the said Surety, for value received, hereby stipulates and agrees that no change, extension of time, alteration or addition to the terms of the Work Order and Agreement or to the Work to be performed thereunder or the Specifications accompanying the same shall in any way affect its obligation on this bond; and it does hereby waive notice of any such change, extension of time, alteration or addition to the terms of the Work Order and 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. 5/98 PERFORMANCE BOND 00610- Page 1 5/98 AGREEMENT IN WITNESS WHEREOF, this instrument is executed in four (4) counterparts, each one of which shall be deemed an original, this _____ day of ___________, _____. IN PRESENCE OF: Principal ______________________________________ ______________________________________ (Name & Title) (Corporate Seal) IN PRESENCE OF: Surety _____________________________ By:___________________________________ _____________________________ ______________________________________ (Name) Attorney-in-Fact ______________________________________ (Company) ______________________________________ (Address) (Surety Seal) NOTE: Date of Bond must not be prior to date of Work Order. SECTION 00615 PAYMENT BOND Bond No. KNOW ALL MEN BY THESE PRESENTS: that __________,__________,__________, a Corporation, hereinafter referred to as the "Principal" and (Firm) (Address) hereinafter referred to as "the Surety", are held and firmly bound unto City of Fort Collins, 300 LaPorte Ave, Fort Collins, Colorado 80522 a (Municipal Corporation) hereinafter referred to as the "OWNER", in the penal sum of _______________________________ in lawful money of the United States, for the payment of which sum well and truly to be made, we bind ourselves, successors and assigns, jointly and severally, firmly by these presents. THE CONDITIONS OF THIS OBLIGATION are such that whereas the Principal entered into a certain Agreement with the OWNER, dated the _____ day of ___________, _____, a copy of which is hereto attached and made a part hereof, for the performance of The City of Fort Collins Work Order, titled ______________________________________________, Work Order Number _______, dated the _____ day of ___________, _____, a copy of which is hereto attached and made a part hereof. NOW, THEREFORE, if the Principal shall make payment to all persons, firms, subcontractors, and corporations furnishing materials for or performing labor in the prosecution of the Work provided for in such Work Order and Agreement and any authorized extension or modification thereof, including all amounts due for materials, lubricants, repairs on machinery, equipment and tools, consumed, rented or used in connection with the construction of such Work, and all insurance premiums on said Work, and for all labor, performed in such Work whether by subcontractor or otherwise, then this obligation shall be void; otherwise to remain in full force and effect. PROVIDED, FURTHER, that the said Surety, for value received, hereby stipulates and agrees that no change, extension of time, alteration or addition to the terms of the Work Order and Agreement or to the Work to be performed thereunder or the Specifications accompanying the same shall in any way affect its obligation on this bond; and it does hereby waive notice of any such change, extension of time, alteration or addition to the terms of the Work Order and 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. 5/98 PAYMENT BOND 00615- Page 1 IN WITNESS WHEREOF, this instrument is executed in four (4) counterparts, each one of which shall be deemed an original, this _____ day of ___________, _____. IN PRESENCE OF: Principal ______________________________________ ______________________________________ (Name & Title) (Corporate Seal) IN PRESENCE OF: Surety _____________________________ By:___________________________________ _____________________________ ______________________________________ (Name) Attorney-in-Fact ______________________________________ (Company) ______________________________________ (Address) (Surety Seal) NOTE: Date of Bond must not be prior to date of Work Order. 5/98 AGREEMENT SECTION 00630 CERTIFICATE OF INSURANCE CONTRACTOR shall insert his own standard form for Certificate of Insurance. 5/98 CERTIFICATE OF INSURANCE 00630- Page 1 SECTION 00635 CERTIFICATE OF SUBSTANTIAL COMPLETION TO: CITY OF FORT COLLINS (OWNER) WORK ORDER NUMBER:__________ DATE OF SUBSTANTIAL COMPLETION: _____________ WORK ORDER TITLE: ________________________________________________________ PROJECT OR SPECIFIED PART SHALL INCLUDE: _________________________________________________________________________ LOCATION: Fort Collins, Colorado OWNER: City of Fort Collins CONTRACTOR:____________________ CONTRACT DATE: __________________ WORK ORDER DATE: __________________ The Work performed under this Work Order, pursuant to the Contract Documents, has been inspected by authorized representatives of the OWNER, CONTRACTOR, and the ENGINEER and the project (or specified part of the project, as indicated above) is hereby declared to be substantially completed on the above date. A tentative list of items to be completed or corrected is appended hereto. This list may not be exhaustive, and the failure to include an item on it does not alter the responsibility of the CONTRACTOR to complete all the Work in accordance with the Contract Documents. ____________________ By:_______________________________ ______________ 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. ____________________ By: ______________________________ ________________ CONTRACTOR AUTHORIZED REPRESENTATIVE DATE The OWNER accepts the project or specified area of the project as substantially complete and will assume full possession of the project or specified area of the project at 12:01 a.m., on . The responsibility for heat, utilities, security, and insurance under the Contract Documents shall be as set forth under "Remarks" below. CITY OF FORT COLLINS, COLORADO _____________________________ By: ________________________ _____________ OWNER AUTHORIZED REPRESENTATIVE DATE 5/98 AGREEMENT 00635- Page 1 SECTION 00640 CERTIFICATE OF FINAL ACCEPTANCE ________________, _____ TO: ______________________________ Gentlemen: You are hereby notified that on the _______ day of _________, _____, the City of Fort Collins, Colorado, has accepted the Work completed by __________, for the City of Fort Collins Work Order, titled ________________________________, Work Order Number ________. 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 Work Order and Contract Documents for this project, your obligations and guarantees will continue for the specified time from the following date: ___________________, _____. Sincerely, City of Fort Collins OWNER By: ___________________________________________ ___________________________________________ Name & Title ATTEST: _________________________________________ ___________________________________________ Name & Title 5/98 CERTIFICATE OF FINAL ACCEPTANCE 000640- Page 1 SECTION 00650 LIEN WAIVER RELEASE (CONTRACTOR) TO: City of Fort Collins, Colorado (OWNER) FROM: __________ (CONTRACTOR) WORK ORDER TITLE: ________________________________________________________ WORK ORDER NUMBER: __________ 1. The CONTRACTOR acknowledges having received payment, except retainage from the OWNER for all work, labor, skill and material furnished, delivered and performed by the CONTRACTOR for the OWNER or for anyone in the construction, design, improvement, alteration, addition or repair of the above described project. 2. In consideration of such payment and other good and valuable consideration, the receipt and adequacy of which are hereby acknowledged, the CONTRACTOR voluntarily waives all rights, claims and liens, including but not limited to, mechanic's liens, Miller Act claims (40 U.S.C.A. 270 a and b), stop notices, equitable liens and labor and material bond rights which the CONTRACTOR may now or may afterward have, claim or assert for all and any work, labor, skill or materials furnished, delivered or performed for the construction, design, improvement, alteration, addition or repair of the above described project, against the OWNER or its officers, agents, employees or assigns, against any fund of or in the possession or control of the OWNER, against the project or against all land and the buildings on and appurtenances to the land improved by the project. 3. The CONTRACTOR affirms that all work, labor and materials, furnished, delivered or performed to or for the construction, design, improvement, alteration, addition or repair of the project were furnished, delivered or performed by the CONTRACTOR or its agents, employees, and servants, or by and through the CONTRACTOR by various Subcontractors or materialmen or their agents, employees and servants and further affirms the same have been paid in full and have released in full any and all existing or possible future mechanic's liens or rights or claims against the project or any funds in the OWNER'S possession or control concerning the project or against the OWNER or its officers, agents, employees or assigns arising out of the project. 4. The CONTRACTOR agrees to defend and hold harmless the OWNER, the lender, if any, and the Surety on the project against and from any claim hereinafter made by the CONTRACTOR's Subcontractors, materialmen, employees, servants, agents or assigns against the project or against the OWNER or its officers, employees, agents or assigns arising out of the project for all loss, damage and costs, including reasonable attorneys fees, incurred as a result of such claims. 5. The parties acknowledge that the description of the project set forth above constitutes an adequate description of the property and improvements 5/98 LIEN WAIVER RELEASE(CONTRACTOR 00650 Page 1 5/98 LIEN WAIVER RELEASE (SUBCONTRACTOR) Page 2 2 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 __________, ___. ______________________, CONTRACTOR By: ___________________________________________ ___________________________________________ Name & Title ATTEST: _____________________________ Secretary STATE OF COLORADO ) )ss. COUNTY OF LARIMER ) Subscribed and sworn to before me this _________ day of __________, _____, by ________________________________________________________________. Witness my hand and official seal. My Commission Expires: ___________________________. _________________________ Notary Public SECTION 00650 LIEN WAIVER RELEASE (SUBCONTRACTOR) TO: __________ (CONTRACTOR) FROM: ________________________________________ (Subcontractor) WORK ORDER TITLE: ________________________________________________________ WORK ORDER NUMBER: __________ 1. The Subcontractor acknowledges having received payment from the CONTRACTOR for all work, labor, skill and material furnished, delivered and performed by the Subcontractor for the CONTRACTOR or for anyone in the construction, design, improvement, alteration, addition or repair of the above described project. 2. In consideration of such payment and other good and valuable consideration, the receipt and adequacy of which are hereby acknowledged, the Subcontractor voluntarily waives all rights, claims and liens, including but not limited to, mechanic's liens, Miller Act claims (40 U.S.C.A. 270 a and b), stop notices, equitable liens and labor and material bond rights which the Subcontractor may now or may afterward have, claim or assert for all and any work, labor, skill or materials furnished, delivered or performed for the construction, design, improvement, alteration, addition or repair of the above described project, against the CONTRACTOR or its officers, agents, employees or assigns, against the project or against all land and the buildings on and appurtenances to the land improved by the project. 3. The Subcontractor affirms that all work, labor and materials, furnished, delivered or performed to or for the construction, design, improvement, alteration, addition or repair of the project were furnished, delivered or performed by the Subcontractor or its agents, employees, and servants, or by and through the Subcontractor by various sub- subcontractors or materialmen or their agents, employees and servants, and further affirms the same have been paid in full and have released in full any and all existing or possible future mechanic's liens or rights or claims against the project or against the CONTRACTOR or its officers, agents, employees or assigns arising out of the project. 4. The Subcontractor agrees to defend and hold harmless the CONTRACTOR, the lender, if any, and the Surety on the project against and from any claim hereinafter made by the Subcontractor's sub-subcontractors, materialmen, employees, servants, agents or assigns against the project or against the CONTRACTOR or OWNER, lender or Surety or their officers, employees, agents or assigns arising out of the project for all loss, damage and costs, including reasonable attorneys fees, incurred as a result of such claims. 5. The parties acknowledge that the description of the project set forth above constitutes an adequate description of the property and improvements to which this Lien Waiver Release pertains. It is further 5/98 LIEN WAIVER RELEASE (SUBCONTRACTOR) 00650 Page 3 acknowledged that this Lien Waiver Release is for the benefit of and may be relied upon by the CONTRACTOR, OWNER, the lender, if any, and Surety on any labor and material bonds for the project. Signed this ______ day of _________, ___. __________________________________, SUBCONTRACTOR By: ___________________________________________ ___________________________________________ Name & Title ATTEST: _____________________________ Secretary STATE OF COLORADO ) )ss. COUNTY OF LARIMER ) Subscribed and sworn to before me this _________ day of __________, _____, by __________________________________________________________________. Witness my hand and official seal. My Commission Expires: ___________________________. __________________________________ Notary Public 5/98 LIEN WAIVER RELEASE (SUBCONTRACTOR) Page 2 4 SECTION 00660 CONSENT OF SURETY TO: City of Fort Collins, Colorado (hereinafter referred to as the "OWNER") CONTRACTOR: __________ WORK ORDER TITLE: ________________________________________________________ WORK ORDER NUMBER: __________ CONTRACT DATE: __________________ WORK ORDER DATE: __________________ In accordance with the provisions of the Work Order and Contract between the OWNER and the CONTRACTOR as indicated above, for the Work Order titled ________________________________________________________ on bond of (Surety) _______________________________________ hereby approves of the Final Payment to the CONTRACTOR, and agrees that Final Payment to the CONTRACTOR shall not relieve the Surety Company of any of its obligations to the OWNER, as set forth in the said Surety Company's Bond. IN WITNESS WHEREOF, the Surety Company has hereunto set its hand this _________ day of __________, _____. ____________________________________________ (Surety Company) By: ________________________________________ (Name) Attorney-in-Fact ATTACH: Power of Attorney and Certificate of Authority of Attorney(s)-in- Fact. 5/98 CONSENT OF SURETY 00660-Page 1 SECTION 00670 APPLICATION FOR EXEMPTION CERTIFICATE 5/98 CONSENT OF SURETY 00670-Page 1 5/98 AGREEMENT 00670 Page 2 SECTION 00700 GENERAL CONDITIONS Incorporated into the final agreement will be the following documents. Please review these documents as they be included in the final agreement. http://fcgov.com/purchasing/pdf/00700tc1.pdf http://fcgov.com/purchasing/pdf/00700gc1ejc.pdf 5/98 AGREEMENT 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, Rev. 9/94) and other provisions of the Contract Documents as indicated below. SC-1 DEFINITIONS SC-1.38. Add the following language to the conclusion of paragraph 1.38 of the General Conditions: 1.38. Substantial Completion. .... Substantial Completion is further defined as that degree of completion of the operating facilities or systems of the Project defined in the Work Order sufficient to provide the OWNER the full time, uninterrupted, continuous, beneficial operation of the modifications, and all inspections required have been completed and identified conditions corrected. SC-1.43.A. Add the following new paragraph immediately after paragraph 1.43 of the General Conditions: 1.43.A. Work Order--A written document executed by OWNER and CONTRACTOR that provides for the construction of 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 PRELIMINARY MATTERS SC-2.8. Delete paragraph 2.8 of the General Conditions entirely and replace it with the following paragraph: 2.8. Preconstruction Conference. Within ten days after the 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. 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 5/98 AGREEMENT 00800 Page 1 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 AVAILABILITY OF LANDS; SUBSURFACE AND PHYSICAL CONDITIONS; REFERENCE POINTS SC-4.2.1.2. Add the following new paragraph immediately following paragraph 4.2.1.2 of the General Conditions: 4.2.1.2.1. No drawing of physical conditions in or relating to existing surface or subsurface structures (except Underground Facilities referred to in paragraph 4.3) which are at or contiguous to the site have been utilized by the Engineer in preparation of the Contract Documents, except the following: 1. __________. SC-5 BONDS AND INSURANCE SC-5.4.7. Include the following parties or entities as additional insureds, as provided in paragraph 5.4.7 of the General Conditions: 5.4.7.1. City of Fort Collins, Colorado, 4316 LaPorte Avenue, Fort Collins, Colorado 80522 5.4.7.2. __________. SC-5.4.8.1. Add the following new paragraph immediately following p aragraph 5.4.8 of the General Conditions: 5.4.8.1. Limits of Liability. The limits of liability for the insurance required by the paragraph numbers of the General Conditions listed below are as follows: For Paragraphs 5.02.A.1 and 5.02.A.2: Coverage A - Statutory Limits; Coverage B - $100,000 / $100,000 / $500,000. For Paragraphs 5.02.A.3 and 5.02.A.5: The Commercial General Liability policy will have limits of $1,000,000 combined single limits (CSL). This policy will include coverage for Explosion, Collapse, and Underground coverage unless waived by the Owner. For Paragraph 5.02.A.6: The Comprehensive Automobile Liability Insurance policy will have limits of $1,000,000 combined single limits (CSL). 5/98 AGREEMENT For Paragraph 5.02.B.3: This policy will include completed operations coverage / product liability coverage with limits of $1,000,000 combined single limits (CSL). This policy shall also include an Umbrella Excess Liability as follows: General liability and automobile liability insurance in an amount not less than $1,000,000 per occurrence in excess of the above stated primary limits. SC-6 CONTRACTOR’S RESPONSIBILITIES SC-6.14.3. Add the following new paragraph immediately after paragraph 6.14.2 of the General Conditions: 6.14.3. The following Laws or Regulations are included in the 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-11 CHANGE OF CONTRACT PRICE SC-11.6.2.7. Add the following new paragraph to paragraph 11.6.2 of the General Conditions: 11.6.2.7. Cost of the Work. Allowances for profit, overhead and mark-up prescribed by 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. 5/98 AGREEMENT 00800 Page 3 SC-12 CHANGE OF CONTRACT TIMES SC-12.3. Add the following language to the end of paragraph 12.3 of the General Conditions: 12.3. .... Lost days due to abnormal weather conditions will be allocated as required. SC-14 PAYMENTS TO CONTRACTOR AND COMPLETION SC-14.1. Add the following language to the end of paragraph 14.1 of the General Conditions: 14.1. Schedule of Values. .... Progress payments on the fixed fee shall be in proportion to the cumulative actual Cost of the Work as a percentage of the Allowable Cost of the Work. An amount not to exceed fifteen (15%) percent of the fixed fee shall be advanced to the Contractor for mobilization in the first progress payment. 5/98 AGREEMENT 5/98 AGREEMENT SECTION 00900 ADDENDA, MODIFICATIONS AND PAYMENT 00950 Change Order 00960 Application for Payment 5/98 AGREEMENT 00960 Page 1 CITY OF FORT COLLINS CHANGE ORDER ************************************************************************** ***** CONTRACTOR: PROJECT TITLE: ADDRESS: PROJECT NUMBER: PURCHASE ORDER NO.: CHANGE ORDER NUMBER: ************************************************************************** * **** DESCRIPTION: 1. Reason for change: 2. Description of Change: 3. Change in Contract Cost: 4. Change in Contract Time: ************************************************************************** ***** ORIGINAL CONTRACT COSTS TOTAL APPROVED CHANGE ORDER(S) TOTAL PENDING CHANGE ORDER(S) TOTAL THIS CHANGE ORDER TOTAL % OF ORIGINAL CONTRACT, THIS CO: TOTAL % OF ORIGINAL CONTRACT, ALL CO’S: ADJUSTED CONTRACT COST (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:___________________ Title (Purchasing Agent if > $60,000) cc: City Clerk Architect/Engineer Finance Purchasing Project Manager Contractor SECTION 00960 PAYMENT APPLICATION 5/98 AGREEMENT 00960 Page 1 5/98 AGREEMENT 00960 Page 2 5/98 AGREEMENT 00960 Page 2 5/98 AGREEMENT 00960 Page 3 5/98 AGREEMENT 00960 Page 4 Has the firm shown an interest in work and a commitment to the successful completion of the project?