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HomeMy WebLinkAboutSEMA CONSTRUCTION, INC. - CONTRACT - RFP - 9509 CM/GC SERVICES FOR LAPORTE AVENUE BRIDGE & RO (2)SERVICES AGREEMENT WORK ORDER TYPE THIS AGREEMENT made and entered into the day and year set forth below, by and between THE CITY OF FORT COLLINS, COLORADO, a Municipal Corporation, hereinafter referred to as the "City" and SEMA CONSTRUCTION, INC. hereinafter referred to as "Service Provider". WITNESSETH: In consideration of the mutual covenants and obligations herein expressed, it is agreed by and between the parties hereto as follows: 1. Services to be Performed. a. This Agreement shall constitute the basic agreement between the parties for 9509 CM/GC Services for Laporte Avenue Bridge & Roadway Improvements from Taft Hill Road to Grandview Avenue. The conditions set forth herein shall apply to all services performed by the Service Provider on behalf of the City and particularly described in Work Orders agreed upon in writing by the parties from time to time. Such Work Orders, samples of which are attached hereto as Exhibit A & B, consisting of one (1) and ninety-one (91) pages and incorporated herein by this reference, shall include a description of the services to be performed, the location and time for performance, the amount of payment, any materials to be supplied by the City and any other special circumstances relating to the performance of services. A general scope of services is attached hereto as Exhibit D, consisting of nine (9) pages, and incorporated herein by this reference. The only services authorized under this Agreement are those which are performed after receipt of such Work Order, except in emergency circumstances where oral work requests may be issued. Oral requests for emergency actions will be confirmed by issuance of a written Work Order within two (2) working days. Irrespective of references in Exhibit A & B to certain named third parties, Service Provider shall be solely responsible for performance of all duties hereunder. b. The City may, at any time during the term of a particular Work Order and without invalidating such Work Order, make changes to the scope of the particular services. Such changes shall be agreed upon in writing by the parties by Change Order, a sample of which is attached hereto as Exhibit C, consisting of one (1) page, and incorporated herein by this reference. 2. Changes in the Work. The City reserves the right to independently bid any services rather than issuing work to the Service Provider pursuant to this Agreement. Nothing within this Agreement shall obligate the City to have any particular service performed by the Service Provider. 3. Time of Commencement and Completion of Services. The services to be performed DocuSign Envelope ID: A8EBBC05-9F85-4B7C-A003-6ED3287CA0A7 pursuant to this Agreement shall be initiated as specified by each written Work Order or oral emergency service request. Oral emergency service requests will be acted upon without waiting for a written Work Order. Time is of the essence. 4. Contract Period. This Agreement shall commence March 28, 2022 and shall continue in full force and effect until March 27, 2023, unless sooner terminated as herein provided. In addition, at the option of the City, the Agreement may be extended for additional one year periods not to exceed four (4) additional one year periods. Renewals and pricing changes shall be negotiated by and agreed to by both parties only at the time of renewal. Written notice of renewal shall be provided to the Service Provider and mailed no later than thirty (30) days prior to contract end. 5. Delay. If either party is prevented in whole or in part from performing its obligations by unforeseeable causes beyond its reasonable control and without is fault or negligence, then the party so prevented shall be excused from whatever performance is prevented by such cause. To the extent that the performance is actually prevented, the Service Provider must provide written notice to the City of such condition within ten (10) days from the onset of such condition. 6. Early Termination by City/Notices. Notwithstanding the time periods contained herein, the City may terminate this Agreement at any time without cause by providing written notice of termination to the Service Provider. Such notice shall be mailed at least ten (10) 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 immediately when emailed or three business days from the date of the notice when mailed to the following addresses: Service Provider: City: Copy to: SEMA CONSTRUCTION, INC. Attn: Jeff Markle 7353 S. Eagle St. Centennial, CO 80112 jmarkle@sema.inc City of Fort Collins Attn: Tim Sellers PO Box 580 Fort Collins, CO 80522 tsellers@fcgov.com City of Fort Collins Attn: Purchasing Dept. PO Box 580 Fort Collins, CO 80522 purchasing@fcgov.com In the event of early termination by the City, the Service Provider shall be paid for services rendered to the date of termination, subject only to the satisfactory performance of the Service Provider's obligations under this Agreement. Service Provider shall submit a final invoice within ten (10) days of the effective date of termination. Undisputed invoices shall be paid Net 30 days of the date of the invoice. Such payment shall be the Service Provider's sole right and remedy for such termination. 7. Contract Sum. This is an open-end indefinite quantity Agreement with no fixed price. The actual amount of work to be performed will be stated on the individual Work Orders. The City makes no guarantee as to the number of Work Orders that may be issued or the actual amount of services which will in fact be requested. DocuSign Envelope ID: A8EBBC05-9F85-4B7C-A003-6ED3287CA0A7 8. Payments. a. The City agrees to pay and the Service Provider agrees to accept as full payment for all work done and all materials furnished and for all costs and expenses incurred in performance of the work the sums set forth for the hourly labor rate and material costs, with markups, stated within the Bid Schedule Proposal Form, attached hereto as Exhibit E, consisting of four (4) pages, and incorporated herein by this reference. b. Invoices shall be emailed to invoices@fcgov.com with a copy to the Project Manager. The cost of the work completed shall be paid to the Service Provider following the submittal of a correct itemized invoice by the Service Provider. Payment shall be made by the City only upon acceptance of the work by the City and upon the Service Provider furnishing satisfactory evidence of payment of all wages, taxes, supplies and materials, and other costs incurred in connection with the performance of such work. The City is exempt from sales and use tax. The City’s Certificate of Exemption license number is 09804502. A copy of the license is available upon written request. The City pays invoices on Net 30 days from the date of the invoice. 9. Appropriation. To the extent this Agreement or any provision in it constitutes a multiple fiscal year debt or financial obligation of the City, it shall be subject to annual appropriation by City Council as required in Article V, Section 8(b) of the City Charter, City Code Section 8-186, and Article X, Section 20 of the Colorado Constitution. The City shall have no obligation to continue this Agreement in any fiscal year for which no such supporting appropriation has been made. 10. Liquidated Damages. OWNER and CONTRCTOR recognize that time is of the essence of this Agreement and that OWNER will suffer financial loss if the Work is not completed within the times specified in the Work Order, plus any extensions thereof allowed in accordance with Article 12 of the General conditions. They also recognize the delays, expenses and difficulties involved in proving in a legal proceeding the actual loss suffered by OWNER if the Work is not completed on time. Accordingly, instead of requiring any such proof, OWNER and CONTRACTOR agree that as liquidated damages for delay (but not as penalty) CONTRACTOR shall pay OWNER the amount set forth in each Work Order. 11. City Representative. The City's representative will be shown on the specific Work Order and shall make, within the scope of his or her authority, all necessary and proper decisions with reference to the work requested. All requests concerning this Agreement shall be directed to the City Representative. 12. Independent Contractor. It is agreed that in the performance of any services hereunder, the Service Provider is an independent contractor responsible to the City only as to the results to be obtained in the particular work assignment and to the extent that the work shall be done in accordance with the terms, plans and specifications furnished by the City. 13. Subcontractors/subconsultants. Service Provider may not subcontract any of the Work set forth in the subsequent Work Orders without the prior written consent of the city, which shall DocuSign Envelope ID: A8EBBC05-9F85-4B7C-A003-6ED3287CA0A7 not be unreasonably withheld. If any of the Work is subcontracted hereunder (with the consent of the City), then the following provisions shall apply: (a) the subcontractor/subconsultant must be a reputable, qualified firm with an established record of successful performance in its respective trade performing identical or substantially similar work, (b) the subcontractor/subconsultant will be required to comply with all applicable terms of this Agreement, (c) the subcontract will not create any contractual relationship between any such subcontractor/subconsultant and the City, nor will it obligate the City to pay or see to the payment of any subcontractor/subconsultant, and (d) the work of the subcontractor/subconsultant will be subject to inspection by the City to the same extent as the work of the Service Provider. 14. Personal Services. It is understood that the City enters into the Agreement based on the special abilities of the Service Provider and that this Agreement shall be considered as an agreement for personal services. Accordingly, the Service Provider shall neither assign any responsibilities nor delegate any duties arising under the Agreement without the prior written consent of the city. 15. Acceptance Not Waiver. The City's approval or acceptance of, or payment for any of the services shall not be construed to operate as a waiver of any rights under the Agreement or of any cause of action arising out of the performance of this Agreement. 16. Warranty. a. Service Provider warrants that all work performed hereunder shall be performed with the highest degree of competence and care in accordance with accepted standards for work of a similar nature. b. Unless otherwise provided in the Agreement, all materials and equipment incorporated into any work shall be new and, where not specified, of the most suitable grade of their respective kinds for their intended use, and all workmanship shall be acceptable to City. c. Service Provider warrants all equipment, materials, labor and other work, provided under this Agreement, except City-furnished materials, equipment and labor, against defects and nonconformances in design, materials and workmanship/workwomanship for a period beginning with the start of the work and ending twenty-four (24) months from and after final acceptance under the Work Order, regardless whether the same were furnished or performed by Service Provider or by any of its subcontractors/subconsultants of any tier. Upon receipt of written notice from City of any such defect or nonconformances, the affected item or part thereof shall be redesigned, repaired, or replaced by Service Provider in a manner and at a time acceptable to City. 17. 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. 18. Remedies. In the event a party has been declared in default, such defaulting party shall be DocuSign Envelope ID: A8EBBC05-9F85-4B7C-A003-6ED3287CA0A7 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 themselves 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. 19. Entire Agreement; Binding Effect; Order of Precedence; Authority to Execute. This Agreement, along with all Exhibits and other documents incorporated herein, shall constitute the entire Agreement of the parties regarding this transaction and shall be binding upon said parties, their officers, employees, agents and assigns and shall inure to the benefit of the respective survivors, heirs, personal representatives, successors and assigns of said parties. Covenants or representations not contained in this Agreement shall not be binding on the parties. In the event of a conflict between terms of the Agreement and any exhibit or attachment, the terms of the Agreement shall prevail. Each person executing this Agreement affirms that they have the necessary authority to sign on behalf of their respective party and to bind such party to the terms of this Agreement. 20. Indemnity/Insurance. a. The Service Provider agrees to indemnify and save harmless the City, its officers, agents and employees against and from any and all actions, suits, claims, demands or liability of any character whatsoever, brought or asserted for injuries to or death of any person or persons, or damages to property arising out of, result from or occurring in connection with the performance of any service hereunder. b. The Service Provider shall take all necessary precautions in performing the work hereunder to prevent injury to persons and property. c. Without limiting any of the Service Provider's obligations hereunder, the Service Provider shall provide and maintain insurance coverage naming the City as an additional insured under this Agreement of the type and with the limits specified within Exhibit F, consisting of one (1) page, attached hereto, and incorporated herein by this reference. The Service Provider before commencing services hereunder shall deliver to the City's Purchasing Director, purchasing@fcgov.com, P. O. Box 580, Fort Collins, Colorado 80522 one copy of a certificate evidencing the insurance coverage required from an insurance company acceptable to the city. 21. Law/Severability. The laws of the State of Colorado shall govern the construction, interpretation, execution, and enforcement of this Agreement. The Parties further agree that Larimer County District Court is the proper venue for all disputes. If the City subsequently agrees in writing that the matter may be heard in federal court, venue will be in Denver District Court. 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. DocuSign Envelope ID: A8EBBC05-9F85-4B7C-A003-6ED3287CA0A7 22. Governmental Immunity Act. No term or condition of this Agreement shall be construed or interpreted as a waiver, express or implied, of any of the notices, requirements, immunities, rights, benefits, protections, limitations of liability, and other provisions of the Colorado Governmental Immunity Act, C.R.S. § 24-10-101 et seq. and under any other applicable law. 23. Prohibition Against Unlawful Discrimination. The City of Fort Collins, in accordance with the provisions of Title VI of the Civil Rights Act of 1964 (78 Stat. 252, 42 US.C. §§ 2000d to 2000d-4) and the Regulations, hereby notifies all bidders that it will affirmatively ensure that any contract entered into pursuant to this advertisement, disadvantaged business enterprises will be afforded full and fair opportunity to submit bids in response to this invitation and will not be discriminated against on the grounds of race, color, or national origin in consideration for an award. The City strictly prohibits unlawful discrimination based on an individual’s gender (regardless of gender identity or gender expression), race, color, religion, creed, national origin, ancestry, age 40 years or older, marital status, disability, sexual orientation, genetic information, or other characteristics protected by law. For the purpose of this policy “sexual orientation” means a person’s actual or perceived orientation toward heterosexuality, homosexuality, and bisexuality. The City also strictly prohibits unlawful harassment in the workplace, including sexual harassment. Further, the City strictly prohibits unlawful retaliation against a person who engages in protected activity. Protected activity includes an employee complaining that he or she has been discriminated against in violation of the above policy or participating in an employment discrimination proceeding. The City requires its vendors to comply with the City’s policy for equal employment opportunity and to prohibit unlawful discrimination, harassment, and retaliation. This requirement applies to all third-party vendors and their subcontractors/subconsultants at every tier. 24. Prohibition Against Employing Workers Without Authorization. Pursuant to Section 8-17.5- 101, C.R.S., et. seq., Service Provider represents and agrees that: a. As of the date of this Agreement: 1) Service Provider does not knowingly employ or contract with a worker without authorization who will perform work under this Agreement; and 2) Service Provider will participate in either the e-Verify program created in Public Law 208, 104th Congress, as amended, and expanded in Public Law 156, 108th Congress, as amended, administered by the United States Department of Homeland Security (the “e-Verify Program”) or the Department Program (the “Department Program”), an employment verification program established pursuant to Section 8-17.5-102(5)(c) C.R.S. in order to confirm the employment eligibility of all newly hired employees to perform work under this Agreement. DocuSign Envelope ID: A8EBBC05-9F85-4B7C-A003-6ED3287CA0A7 b. Service Provider shall not knowingly employ or contract with a worker without authorization to perform work under this Agreement or knowingly enter into a contract with a subcontractor/subconsultant that knowingly employs or contracts with a worker without authorization to perform work under this Agreement. c. Service Provider is prohibited from using the e-Verify Program or Department Program procedures to undertake pre-employment screening of job applicants while this Agreement is being performed. d. If Service Provider obtains actual knowledge that a subcontractor/subconsultant performing work under this Agreement knowingly employs or contracts with a worker without authorization, Service Provider shall: 1) Notify such subcontractor/subconsultant and the City within three days that Service Provider has actual knowledge that the subcontractor/subconsultant is employing or contracting with a worker without authorization; and 2) Terminate the subcontract with the subcontractor/subconsultant if within three days of receiving the notice required pursuant to this section the subcontractor/subconsultant does not cease employing or contracting with a worker without authorization; except that Service Provider shall not terminate the contract with the subcontractor/subconsultant if during such three days the subcontractor/subconsultant provides information to establish that the subcontractor/subconsultant has not knowingly employed or contracted with a worker without authorization. e. Service Provider shall comply with any reasonable request by the Colorado Department of Labor and Employment (the “Department”) made in the course of an investigation that the Department undertakes or is undertaking pursuant to the authority established in Subsection 8-17.5-102 (5), C.R.S. f. If Service Provider violates any provision of this Agreement pertaining to the duties imposed by Subsection 8-17.5-102, C.R.S. the City may terminate this Agreement. If this Agreement is so terminated, Service Provider shall be liable for actual and consequential damages to the City arising out of Service Provider’s violation of Subsection 8-17.5-102, C.R.S. g. The City will notify the Office of the Secretary of State if Service Provider violates this provision of this Agreement and the City terminates the Agreement for such breach. 25. Dust Control. The Service Provider shall abide by the City of Fort Collins “Dust Control and Prevention Manual,” which is available for public download at https://www.fcgov.com/airquality/pdf/dust-prevention-and-control-manual.pdf, and is incorporated herein by this reference. The City of Fort Collins has implemented this manual for all projects performed for the City of Fort Collins or located within the City of Fort Collins DocuSign Envelope ID: A8EBBC05-9F85-4B7C-A003-6ED3287CA0A7 City limits. 26. Colorado Open Records Act. The City is subject to Sec. 24-72-201 et seq. of the Colorado Revised Statute (CORA). This Agreement is subject to public disclosure in whole pursuant to CORA. 27. Special Provisions. Special provisions or conditions relating to the services to be performed pursuant to this Agreement are set forth in Exhibit G - Confidentiality, consisting of one (1) page, and Exhibit B, Section 00700 General Conditions consisting of fifty-three (53) pages. [Signature Page Follows] DocuSign Envelope ID: A8EBBC05-9F85-4B7C-A003-6ED3287CA0A7 THE CITY OF FORT COLLINS, COLORADO By: Gerry Paul Purchasing Director Date: ATTEST: APPROVED AS TO FORM: SEMA CONSTRUCTION, INC. By: Printed: Title: Date: DocuSign Envelope ID: A8EBBC05-9F85-4B7C-A003-6ED3287CA0A7 Corporate V.P., Contracts Steven C. Mills 4/11/2022 Assistant City Attorney 4/11/2022 City Clerk EXHIBIT A WORK ORDER FORM (Short form) PURSUANT TO A MASTER AGREEMENT BETWEEN THE CITY OF FORT COLLINS AND SEMA CONSTRUCTION, INC. WORK ORDER NUMBER: PM's Tracking # PROJECT TITLE: ORIGINAL BID/RFP NUMBER & NAME: 9509 RFP CMGC Laporte Avenue Bridge & Roadway Improvements MASTER AGREEMENT EFFECTIVE DATE: Original Contract Date WORK ORDER COMMENCEMENT DATE: WORK ORDER COMPLETION DATE: MAXIMUM FEE: (time and reimbursable direct costs): PROJECT DESCRIPTION/SCOPE OF SERVICES: Service Provider agrees to perform the services identified above and on the attached forms in accordance with the terms and conditions contained herein and in the Master Agreement between the parties. In the event of a conflict between or ambiguity in the terms of the Master Agreement and this Work Order (including the attached forms) the Master Agreement shall control. The attached forms consisting of ( ) pages are hereby accepted and incorporated herein, by this reference, and Notice to Proceed is hereby given after all parties have signed this document. SERVICE PROVIDER: Date: Jeff Markle, Project Manager ACCEPTANCE: Date: Tim Sellers, Project Manager REVIEWED: Date: Adam Hill, Senior Buyer ACCEPTANCE: Date: Gerry Paul, Purchasing Director (if greater than $60,000) DocuSign Envelope ID: A8EBBC05-9F85-4B7C-A003-6ED3287CA0A7 EXHIBIT B WORK ORDER FORM (Construction over $100,000) CONSTRUCTION WORK ORDER FOR 9509 CM/GC Services for Laporte Avenue Bridge & Roadway Improvements from Taft Hill Road to Grandview Avenue WORK ORDER NO. TITLED (WORK ORDER TITLE) DATE: CONTRACTOR: SEMA CONSTRUCTION, INC. DocuSign Envelope ID: A8EBBC05-9F85-4B7C-A003-6ED3287CA0A7 TABLE OF CONTENTS AGREEMENT FORMS 00525 Work Order & Notice of Award 00530 Work Order Notice to Proceed 00600 Bonds and Certificates 00610 Performance Bond 00615 Payment Bond 00630 Certificate of Insurance 00635 Certificate of Substantial Completion 00640 Certificate of Final Acceptance 00650 Lien Waiver Release (CONTRACTOR) 00660 Consent of Surety 00670 Application for Exemption Certificate CONDITIONS OF THE CONTRACT 00700 General Conditions Exhibit GC-A GC-A1 - GC-A2 00800 Supplementary Conditions 00900 Addenda, Modifications and Payment 00950 Work Order Change Order Form 00960 Application for Payment DocuSign Envelope ID: A8EBBC05-9F85-4B7C-A003-6ED3287CA0A7 SECTION 00500 CONSTRUCTION WORK ORDER AGREEMENT FORMS 00525 Work Order, Notice of Award & Bid Schedule 00530 Work Order Notice to Proceed DocuSign Envelope ID: A8EBBC05-9F85-4B7C-A003-6ED3287CA0A7 SECTION 00525 WORK ORDER, NOTICE OF AWARD AND BID SCHEDULE TO (CONTRACTOR OR CM/GC): SEMA CONSTRUCTION, INC. WORK ORDER # & TITLE: PURCHASE ORDER: ORIGINAL BID/RFP # & TITLE: 9509 CM/GC Services for Laporte Avenue Bridge & Roadway Improvements from Taft Hill Road to Grandview Avenue ENGINEER: OWNER’S REPRESENTATIVE: Tim Sellers NOTICE OF AWARD DATE: OWNER: City of Fort Collins (hereinafter referred to as OWNER) 1. WORK. You are hereby notified that your bid dated , for the above Work Order has been considered. Pursuant to your AGREEMENT with OWNER dated , you have been awarded a Work Order for this Work Order Description: A. See Section 01100 – Summary of Work. 2. CONTRACT PRICE, BONDS AND CERTIFICATES. The price of your Work Order is ($ ). 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 date for Substantial Completion of this Work Order is , and after Substantial Completion, the date for Final Completion is . 4. LIQUIDATED DAMAGES. OWNER and CONTRACTOR recognize that time is of the essence of this Agreement and that OWNER will suffer financial loss if the Work is not completed within the times specified in paragraph 3 above, plus any extensions thereof allowed in accordance with Article 12 of the General Conditions. They also recognize the delays, expenses and difficulties involved in proving in a legal proceeding the actual loss suffered by OWNER if the Work is not completed on time. Accordingly instead of requiring any such proof, OWNER and CONTRACTOR agree that as liquidated damages for delay (but not as penalty) CONTACTOR shall pay OWNER the amounts set forth hereafter. 1) Substantial Completion: One Thousand Dollars and Zero Cents ($1,000.00) for each calendar day or fraction thereof that expires after until the work is Substantially Complete. 2) Final Acceptance: After Substantial Completion One Thousand Dollars and Zero Cents ($1,000.00) for each calendar day or fraction thereof that expires after the period for Final Payment and Acceptance until the Work is ready for Final Payment and Acceptance. DocuSign Envelope ID: A8EBBC05-9F85-4B7C-A003-6ED3287CA0A7 5. PAYMENT PROCEDURES. CONTRACTOR shall submit Applications for Payment in accordance with Article 14 of the General Conditions. Applications for Payment will be processed by ENGINEER as provided in the General Conditions. 5.1 PROGRESS PAYMENTS. OWNER shall make progress payments on account of the Contract Price on the basis of CONTRACTOR's Application for Payment as recommended by ENGINEER, once each month during construction as provided below. All progress payments will be on the basis of the progress of the Work measured by the schedule of values established in paragraph 2.6 of the General Conditions and in the 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 Prior to Substantial Completion, Owner will be entitled to withhold as contract retainage five percent (5%) of each progress payment, but, in each case, less the aggregate of payments previously made and less such amounts as ENGINEER shall determine, or OWNER may withhold, in accordance with paragraph 14.7 of the General Conditions. If , in the sole discretion of Owner, on recommendation of Engineer, Owner determines that the character and progress of the Work have been satisfactory to OWNER and ENGINEER, OWNER may determine that as long as the character and progress of the Work remain satisfactory to them, there will be no additional retainage on account of Work completed in which case the remaining progress payments prior to Substantial Completion will be in an amount equal to 100% of the Work completed. 95% of materials and equipment not incorporated in the Work (but delivered, suitably stored and accompanied by documentation satisfactory to OWNER as provided in paragraph 14.2 of the General Conditions) may be included in the application Section 00960. 5.1.2 Upon Substantial Completion payment will be made in an amount sufficient, if necessary, to increase total payments to CONTRACTOR to 95% of the Contract Price, less such amounts as ENGINEER shall determine or OWNER may withhold in accordance with paragraph 14.7 of the General Conditions or as provided by law. 5.2 FINAL PAYMENT. Upon Final Completion and Acceptance of the Work in accordance with paragraph 14.13 of the General Conditions, OWNER shall pay the remainder of the Contract Price as recommended by ENGINEER as provided in said paragraph 14.13. 6. CONTRACTOR'S REPRESENTATION. In order to induce OWNER to enter into this Agreement, CONTRACTOR makes the following representations: 6.1 CONTRACTOR has familiarized himself with the nature and extent of the Contract Documents, Work, site, locality, and with all local conditions and Laws and Regulations that in any manner may affect cost, progress, performance or furnishing of the Work. 6.2 CONTRACTOR has studied carefully all reports of explorations and tests of subsurface conditions and drawings of physical conditions which are DocuSign Envelope ID: A8EBBC05-9F85-4B7C-A003-6ED3287CA0A7 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 paragraph 4.3. of the General Conditions. 6.5 CONTRACTOR has correlated the results of all such observations, examinations, investigations, tests, reports and data with the terms and conditions of the Contract Documents. 6.6 CONTRACTOR has given ENGINEER written notice of all conflicts, errors or discrepancies that he has discovered in the Contract Documents and the written resolution thereof by ENGINEER is acceptable to CONTRACTOR. 7. CONTRACT DOCUMENTS. 7.1 The Contract Documents which comprise the entire Agreement between OWNER and CONTRACTOR concerning the Work consist of the General Conditions, Supplementary Conditions, those items included in the definition of “Contract Documents” in Article 1.10 of the General Conditions, and such other items as are referenced in this Article 7, all of which are incorporated herein by this reference. 7.2 Forms for use by CONTRACTOR in performing the Work and related actions in carrying out the terms of this Agreement are deemed Contract Documents and incorporated herein by this reference, and include, but are not limited to, the following: 7.2.1 Certificate of Substantial Completion 7.2.2 Certificate of Final Acceptance 7.2.3 Lien Waiver Releases 7.2.4 Consent of Surety DocuSign Envelope ID: A8EBBC05-9F85-4B7C-A003-6ED3287CA0A7 7.2.5 Application for Exemption Certificate 7.2.6 Application for Payment 7.3 Drawings, consisting of a cover sheet and sheets numbered as follows: The Contract Drawings 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. 7.5 There are no Contract Documents other than those listed or incorporated by reference in this Article 7. The Contract Documents may only be amended, modified or supplemented as provided in paragraphs 3.5 and 3.6 of the General Conditions. 8. MISCELLANEOUS 8.1. Terms used in this Agreement which are defined in Article I of the General Conditions shall have the meanings indicated in the General Conditions. 8.2. No assignment by a party hereto of any rights under or interests in the Contract Documents will be binding on another party hereto without the written consent of the party sought to be bound; and specifically but not without limitations, moneys that may become due and moneys that are due may not be assigned without such consent (except to the extent that the effect of this restriction may be limited by law), and unless specifically stated to the contrary in any written consent to an assignment no assignment will release or discharge that assignor from any duty or responsibility under the Contract Document. 8.3. OWNER and CONTRACTOR each binds itself, its partners, successors, assigns and legal representatives to the other party hereto, its partners, successors, assigns and legal representatives in respect to all covenants, Agreement and obligations contained in the Contract Document. 9. EXECUTION. Three (3) copies of this proposed Work Order & Notice of Award, and accompanying amendments or supplements to the Contract Documents (except any applicable Drawings) incorporated herein, are provided. Three (3) sets of any applicable Drawings will be delivered separately or otherwise made available to you immediately. You must comply with the following conditions precedent within fifteen (15) days of the date of this Notice of Award, that is, by . A. You must deliver to OWNER three (3) 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. DocuSign Envelope ID: A8EBBC05-9F85-4B7C-A003-6ED3287CA0A7 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 NOTICE OF AWARD REPRESENTATION & EXECUTION: CONTRACTOR agrees to perform the services identified above, in accordance with the terms and conditions contained herein and in the AGREEMENT dated , and the NOTICE OF AWARD dated , between the parties. In the event of a conflict between or ambiguity in the terms of the AGREEMENT or specific Work Orders, the AGREEMENT shall control. CONTRACTOR: SEMA CONSTRUCTION, INC. By: Date: Name: Title: DocuSign Envelope ID: A8EBBC05-9F85-4B7C-A003-6ED3287CA0A7 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: Date: _____ Tim Sellers, Projects Manager OWNER: CITY OF FORT COLLINS ACCEPTANCE: ___________________________________________ Date: __________ Kelly DiMartino, Interim City Manager (if greater than $1,000,000) ACCEPTANCE: ___________________________________________ Date: __________ Gerry Paul, Purchasing Director (if greater than $60,000) APPROVED AS TO FORM: __________________________________ Date: __________ ATTEST: ___ ________________________________________ Date: __________ DocuSign Envelope ID: A8EBBC05-9F85-4B7C-A003-6ED3287CA0A7 BID SCHEDULE DocuSign Envelope ID: A8EBBC05-9F85-4B7C-A003-6ED3287CA0A7 SECTION 00530 WORK ORDER NOTICE TO PROCEED NOTICE TO PROCEED DATE: WORK ORDER TITLE: WORK ORDER NUMBER: ORIGINAL BID/RFP # & TITLE: 9509 CM/GC Services for Laporte Avenue Bridge & Roadway Improvements from Taft Hill Road to Grandview Avenue TO: SEMA CONSTRUCTION, INC. Attn: Jeff Markle 7353 S. Eagle Street Centennial, CO 80112 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 DocuSign Envelope ID: A8EBBC05-9F85-4B7C-A003-6ED3287CA0A7 ACKNOWLEDGMENT OF NOTICE Receipt of the above Work Order Notice to Proceed is hereby acknowledged this _____________ day of ___________, _____. (CONTRACTOR) By: ___________________________________________ ___________________________________________ Name & Title DocuSign Envelope ID: A8EBBC05-9F85-4B7C-A003-6ED3287CA0A7 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 DocuSign Envelope ID: A8EBBC05-9F85-4B7C-A003-6ED3287CA0A7 SECTION 00610 PERFORMANCE BOND Bond No __ KNOW ALL MEN BY THESE PRESENTS: that (Firm) (Address) (an Individual), (a Partnership), (a Corporation), hereinafter referred to as the "Principal" and (Firm) (Address) hereinafter referred to as "the Surety", are held and firmly bound unto City of Fort Collins, 300 LaPorte Ave, Fort Collins, Colorado 80522 a (Municipal Corporation) hereinafter referred to as the "OWNER", in the penal sum of ($ ) in lawful money of the United States, for the payment of which sum well and truly to be made, we bind ourselves, successors and assigns, jointly and severally, firmly by these presents. THE CONDITIONS OF THIS OBLIGATION are such that whereas the Principal entered into a certain Agreement with the OWNER, dated the day of , 2 , for 9509 CM/GC Services for Laporte Avenue Bridge & Roadway Improvements from Taft Hill Road to Grandview Avenue 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. DocuSign Envelope ID: A8EBBC05-9F85-4B7C-A003-6ED3287CA0A7 IN WITNESS WHEREOF, this instrument is executed in three (3) counterparts, each one of which shall be deemed an original, this _____ day of ___________, _____. IN PRESENCE OF: Principal (Title) (Title) (Corporate Seal) (Address) IN PRESENCE OF: Other Partners _____________________________ By: _____________________________ By: IN PRESENCE OF: Surety _____________________________ By: _____________________________ (Address) (Surety Seal) NOTE: Date of Bond must not be prior to date of Agreement. If CONTRACTOR is Partnership, all partners should execute Bond. DocuSign Envelope ID: A8EBBC05-9F85-4B7C-A003-6ED3287CA0A7 SECTION 00615 PAYMENT BOND Bond No __ KNOW ALL MEN BY THESE PRESENTS: that (Firm) (Address) (an Individual), (a Partnership), (a Corporation), hereinafter referred to as the "Principal" and (Firm) (Address) hereinafter referred to as "the Surety", are held and firmly bound unto City of Fort Collins, 300 LaPorte Ave, Fort Collins, Colorado 80522 a (Municipal Corporation) hereinafter referred to as the "OWNER", in the penal sum of ($ ) in lawful money of the United States, for the payment of which sum well and truly to be made, we bind ourselves, successors and assigns, jointly and severally, firmly by these presents. THE CONDITIONS OF THIS OBLIGATION are such that whereas the Principal entered into a certain Agreement with the OWNER, dated the day of , , for 9509 CM/GC Services for Laporte Avenue Bridge & Roadway Improvements from Taft Hill Road to Grandview Avenue, 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. DocuSign Envelope ID: A8EBBC05-9F85-4B7C-A003-6ED3287CA0A7 IN WITNESS WHEREOF, this instrument is executed in three (3) counterparts, each one of which shall be deemed an original, this _____ day of ___________, _____. IN PRESENCE OF: Principal (Title) (Title) (Corporate Seal) (Address) IN PRESENCE OF: Other Partners _____________________________ By: _____________________________ By: IN PRESENCE OF: Surety _____________________________ By: _____________________________ (Address) (Surety Seal) NOTE: Date of Bond must not be prior to date of Agreement. If CONTRACTOR is Partnership, all partners should execute Bond. DocuSign Envelope ID: A8EBBC05-9F85-4B7C-A003-6ED3287CA0A7 SECTION 00630 CERTIFICATE OF INSURANCE CONTRACTOR shall insert his own standard form for Certificate of Insurance in accordance with the following requirements: 1. The Contractor will provide, from insurance companies acceptable to the City, the insurance coverage designated hereinafter and pay all costs. Before commencing work under this bid, the Contractor shall furnish the City with certificates of insurance showing the type, amount, class of operations covered, effective dates and date of expiration of policies, and containing substantially the following statement: “The insurance evidenced by this Certificate will not reduce coverage or limits and will not be cancelled, except after thirty (30) days written notice has been received by the City of Fort Collins.” In case of the breach of any provision of the Insurance Requirements, the City, at its option, may take out and maintain, at the expense of the Contractor, such insurance as the City may deem proper and may deduct the cost of such insurance from any monies which may be due or become due the Contractor under this Agreement. The City, its officers, agents and employees shall be named as additional insureds on the Contractor 's general liability, automobile liability, and builder’s risk insurance policies for any claims arising out of work performed under this Agreement. 2. Insurance coverages shall be as follows: A. Workers' Compensation & Employer's Liability. The Contractor shall maintain during the life of this Agreement for all of the Contractor's employees engaged in work performed under this agreement: 1. Workers' Compensation insurance with statutory limits as required by Colorado law. 2. Employer's Liability insurance with limits of $100,000 per accident, $500,000 disease aggregate, and $100,000 disease each employee. B. Commercial General & Vehicle Liability. The Contractor shall maintain during the life of this Agreement such commercial general liability and automobile liability insurance as will provide coverage for damage claims of personal injury, including accidental death, as well as for claims for property damage, which may arise directly or indirectly from the performance of work under this Agreement. Coverage for property damage shall be on a "broad form" basis. The amount of insurance for each coverage, Commercial General and Vehicle, shall not be less than $1,000,000 combined single limits for bodily injury and property damage. C. Builder’s Risk. The Contractor shall maintain during the term of this Agreement builder’s risk insurance in the amount of full insurable replacement cost. The insurance shall: 1. Be written on a builder’s risk “all risk” policy form that shall at least include insurance for physical loss or damage to the Work, temporary buildings, DocuSign Envelope ID: A8EBBC05-9F85-4B7C-A003-6ED3287CA0A7 falsework, and materials and equipment in transit, and shall insure against at least the following perils or causes of loss: fire; lightning; windstorm; riot; civil commotion; terrorism; vehicle impact; aircraft; smoke; theft; vandalism and malicious mischief; earthquake and other earth movement; flood; collapse; explosion; debris removal; demolition; and water damage (other than that caused by flood). 2. Cover, as insured property, at least the following: (a) the Work and all materials, supplies, machinery, apparatus, equipment, fixtures, and other property of a similar nature that are to be incorporated into or used in the preparation, fabrication, construction, erection, or completion of the Work, including Owner-furnished or assigned property; (b) spare parts inventory required within the scope of the Contract; and (c) temporary works which are not intended to form part of the permanent constructed Work but which are intended to provide working access to the Site, or to the Work under construction, or which are intended to provide temporary support for the Work under construction, including scaffolding, form work, fences, shoring, falsework, and temporary structures In the event any work is performed by a subcontractor, the Contractor shall be responsible for any liability directly or indirectly arising out of the work performed under this Agreement by a subcontractor, which liability is not covered by the subcontractor's insurance. DocuSign Envelope ID: A8EBBC05-9F85-4B7C-A003-6ED3287CA0A7 SECTION 00635 CERTIFICATE OF SUBSTANTIAL COMPLETION TO: CITY OF FORT COLLINS (OWNER) WORK ORDER # & TITLE: DATE OF SUBSTANTIAL COMPLETION: ORIGINAL BID/RFP # & TITLE: 9509 CM/GC Services for Laporte Avenue Bridge & Roadway Improvements from Taft Hill Road to Grandview Avenue PROJECT OR SPECIFIED PART SHALL LOCATION: Fort Collins, Colorado INCLUDE: OWNER: City of Fort Collins CONTRACTOR: 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: __________________________ ________ PROJECT MANAGER AUTHORIZED REPRESENTATIVE DATE The CONTRACTOR accepts the above Certificate of Substantial Completion and agrees to complete and correct the items on the tentative list within the time indicated. _____________________________ By: __________________________ ________ CONTRACTOR AUTHORIZED REPRESENTATIVE DATE The OWNER accepts the project or specified area of the project as substantially complete and will assume full possession of the project or specified area of the project at 12:01 a.m., on . The responsibility for heat, utilities, security, and insurance under the Contract Documents shall be as set forth under "Remarks" below. CITY OF FORT COLLINS ________ By: __________________________ ________ OWNER AUTHORIZED REPRESENTATIVE DATE REMARKS: _________________________________________________________________ ____________________________________________________________________________ ____________________________________________________________________________ DocuSign Envelope ID: A8EBBC05-9F85-4B7C-A003-6ED3287CA0A7 SECTION 00640 CERTIFICATE OF FINAL ACCEPTANCE DATE: ________________, _____ 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 under 9509 CM/GC Services for Laporte Avenue Bridge & Roadway Improvements from Taft Hill Road to Grandview Avenue. 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 DocuSign Envelope ID: A8EBBC05-9F85-4B7C-A003-6ED3287CA0A7 SECTION 00650 LIEN WAIVER RELEASE (CONTRACTOR) TO: City of Fort Collins, Colorado (OWNER) FROM: SEMA Construction, Inc. (CONTRACTOR) WORK ORDER TITLE: WORK ORDER NUMBER: ORIGINAL BID/RFP # & TITLE: 9509 CM/GC Services for Laporte Avenue Bridge & Roadway Improvements from Taft Hill Road to Grandview Avenue 1. The CONTRACTOR acknowledges having received payment, except retainage from the OWNER for all work, labor, skill and material furnished, delivered and performed by the CONTRACTOR for the OWNER or for anyone in the construction, design, improvement, alteration, addition or repair of the above described project. 2. In consideration of such payment and other good and valuable consideration, the receipt and adequacy of which are hereby acknowledged, the CONTRACTOR voluntarily waives all rights, claims and liens, including but not limited to, mechanic's liens, Miller Act claims (40 U.S.C.A. 270 a and b), stop notices, equitable liens and labor and material bond rights which the CONTRACTOR may now or may afterward have, claim or assert for all and any work, labor, skill or materials furnished, delivered or performed for the construction, design, improvement, alteration, addition or repair of the above described project, against the OWNER or its officers, agents, employees or assigns, against any fund of or in the possession or control of the OWNER, against the project or against all land and the buildings on and appurtenances to the land improved by the project. 3. The CONTRACTOR affirms that all work, labor and materials, furnished, delivered or performed to or for the construction, design, improvement, alteration, addition or repair of the project were furnished, delivered or performed by the CONTRACTOR or its agents, employees, and servants, or by and through the CONTRACTOR by various Subcontractors or materialmen or their agents, employees and servants and further affirms the same have been paid in full and have released in full any and all existing or possible future mechanic's liens or rights or claims against the project or any funds in the OWNER'S possession or control concerning the project or against the OWNER or its officers, agents, employees or assigns arising out of the project. 4. The CONTRACTOR agrees to defend and hold harmless the OWNER, the lender, if any, and the Surety on the project against and from any claim hereinafter made by the CONTRACTOR's Subcontractors, materialmen, employees, servants, agents or assigns against the project or against the OWNER or its officers, employees, agents or assigns arising out of the project for all loss, damage and costs, including reasonable attorneys fees, incurred as a result of such claims. 5. The parties acknowledge that the description of the project set forth above constitutes an adequate description of the property and improvements to which this Lien Waiver Release pertains. It is further acknowledged that this Lien Waiver Release is for the benefit of and DocuSign Envelope ID: A8EBBC05-9F85-4B7C-A003-6ED3287CA0A7 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 DocuSign Envelope ID: A8EBBC05-9F85-4B7C-A003-6ED3287CA0A7 SECTION 00660 CONSENT OF SURETY TO: City of Fort Collins, Colorado (hereinafter referred to as the "OWNER") CONTRACTOR: SEMA Construction, Inc. WORK ORDER # & TITLE: ORIGINAL BID/RFP # & TITLE: 9509 CM/GC Services for Laporte Avenue Bridge & Roadway Improvements from Taft Hill Road to Grandview Avenue 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. DocuSign Envelope ID: A8EBBC05-9F85-4B7C-A003-6ED3287CA0A7 SECTION 00670 APPLICATION FOR EXEMPTION CERTIFICATE DocuSign Envelope ID: A8EBBC05-9F85-4B7C-A003-6ED3287CA0A7 DocuSign Envelope ID: A8EBBC05-9F85-4B7C-A003-6ED3287CA0A7 SECTION 00700 GENERAL CONDITIONS DocuSign Envelope ID: A8EBBC05-9F85-4B7C-A003-6ED3287CA0A7 DocuSign Envelope ID: A8EBBC05-9F85-4B7C-A003-6ED3287CA0A7 DocuSign Envelope ID: A8EBBC05-9F85-4B7C-A003-6ED3287CA0A7 DocuSign Envelope ID: A8EBBC05-9F85-4B7C-A003-6ED3287CA0A7 DocuSign Envelope ID: A8EBBC05-9F85-4B7C-A003-6ED3287CA0A7 DocuSign Envelope ID: A8EBBC05-9F85-4B7C-A003-6ED3287CA0A7 DocuSign Envelope ID: A8EBBC05-9F85-4B7C-A003-6ED3287CA0A7 DocuSign Envelope ID: A8EBBC05-9F85-4B7C-A003-6ED3287CA0A7 DocuSign Envelope ID: A8EBBC05-9F85-4B7C-A003-6ED3287CA0A7 DocuSign Envelope ID: A8EBBC05-9F85-4B7C-A003-6ED3287CA0A7 DocuSign Envelope ID: A8EBBC05-9F85-4B7C-A003-6ED3287CA0A7 DocuSign Envelope ID: A8EBBC05-9F85-4B7C-A003-6ED3287CA0A7 DocuSign Envelope ID: A8EBBC05-9F85-4B7C-A003-6ED3287CA0A7 DocuSign Envelope ID: A8EBBC05-9F85-4B7C-A003-6ED3287CA0A7 DocuSign Envelope ID: A8EBBC05-9F85-4B7C-A003-6ED3287CA0A7 DocuSign Envelope ID: A8EBBC05-9F85-4B7C-A003-6ED3287CA0A7 DocuSign Envelope ID: A8EBBC05-9F85-4B7C-A003-6ED3287CA0A7 DocuSign Envelope ID: A8EBBC05-9F85-4B7C-A003-6ED3287CA0A7 DocuSign Envelope ID: A8EBBC05-9F85-4B7C-A003-6ED3287CA0A7 DocuSign Envelope ID: A8EBBC05-9F85-4B7C-A003-6ED3287CA0A7 DocuSign Envelope ID: A8EBBC05-9F85-4B7C-A003-6ED3287CA0A7 DocuSign Envelope ID: A8EBBC05-9F85-4B7C-A003-6ED3287CA0A7 DocuSign Envelope ID: A8EBBC05-9F85-4B7C-A003-6ED3287CA0A7 DocuSign Envelope ID: A8EBBC05-9F85-4B7C-A003-6ED3287CA0A7 DocuSign Envelope ID: A8EBBC05-9F85-4B7C-A003-6ED3287CA0A7 DocuSign Envelope ID: A8EBBC05-9F85-4B7C-A003-6ED3287CA0A7 DocuSign Envelope ID: A8EBBC05-9F85-4B7C-A003-6ED3287CA0A7 DocuSign Envelope ID: A8EBBC05-9F85-4B7C-A003-6ED3287CA0A7 DocuSign Envelope ID: A8EBBC05-9F85-4B7C-A003-6ED3287CA0A7 DocuSign Envelope ID: A8EBBC05-9F85-4B7C-A003-6ED3287CA0A7 DocuSign Envelope ID: A8EBBC05-9F85-4B7C-A003-6ED3287CA0A7 DocuSign Envelope ID: A8EBBC05-9F85-4B7C-A003-6ED3287CA0A7 DocuSign Envelope ID: A8EBBC05-9F85-4B7C-A003-6ED3287CA0A7 DocuSign Envelope ID: A8EBBC05-9F85-4B7C-A003-6ED3287CA0A7 DocuSign Envelope ID: A8EBBC05-9F85-4B7C-A003-6ED3287CA0A7 DocuSign Envelope ID: A8EBBC05-9F85-4B7C-A003-6ED3287CA0A7 DocuSign Envelope ID: A8EBBC05-9F85-4B7C-A003-6ED3287CA0A7 DocuSign Envelope ID: A8EBBC05-9F85-4B7C-A003-6ED3287CA0A7 DocuSign Envelope ID: A8EBBC05-9F85-4B7C-A003-6ED3287CA0A7 DocuSign Envelope ID: A8EBBC05-9F85-4B7C-A003-6ED3287CA0A7 DocuSign Envelope ID: A8EBBC05-9F85-4B7C-A003-6ED3287CA0A7 DocuSign Envelope ID: A8EBBC05-9F85-4B7C-A003-6ED3287CA0A7 DocuSign Envelope ID: A8EBBC05-9F85-4B7C-A003-6ED3287CA0A7 DocuSign Envelope ID: A8EBBC05-9F85-4B7C-A003-6ED3287CA0A7 DocuSign Envelope ID: A8EBBC05-9F85-4B7C-A003-6ED3287CA0A7 DocuSign Envelope ID: A8EBBC05-9F85-4B7C-A003-6ED3287CA0A7 DocuSign Envelope ID: A8EBBC05-9F85-4B7C-A003-6ED3287CA0A7 DocuSign Envelope ID: A8EBBC05-9F85-4B7C-A003-6ED3287CA0A7 DocuSign Envelope ID: A8EBBC05-9F85-4B7C-A003-6ED3287CA0A7 DocuSign Envelope ID: A8EBBC05-9F85-4B7C-A003-6ED3287CA0A7 DocuSign Envelope ID: A8EBBC05-9F85-4B7C-A003-6ED3287CA0A7 DocuSign Envelope ID: A8EBBC05-9F85-4B7C-A003-6ED3287CA0A7 DocuSign Envelope ID: A8EBBC05-9F85-4B7C-A003-6ED3287CA0A7 DocuSign Envelope ID: A8EBBC05-9F85-4B7C-A003-6ED3287CA0A7 DocuSign Envelope ID: A8EBBC05-9F85-4B7C-A003-6ED3287CA0A7 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 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 DocuSign Envelope ID: A8EBBC05-9F85-4B7C-A003-6ED3287CA0A7 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: 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 Limits of Liability A. Add the following language at the end of paragraph 5.4.8. The limits of liability for the insurance required by paragraphs 5.4.1 through 5.4.6 inclusive and requirements of 5.4.7 through 5.4.10 inclusive shall be in accordance with Section 00630 of the Agreement. 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. DocuSign Envelope ID: A8EBBC05-9F85-4B7C-A003-6ED3287CA0A7 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. 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. DocuSign Envelope ID: A8EBBC05-9F85-4B7C-A003-6ED3287CA0A7 SECTION 00900 ADDENDA, MODIFICATIONS AND PAYMENT 00950 Change Order 00960 Application for Payment DocuSign Envelope ID: A8EBBC05-9F85-4B7C-A003-6ED3287CA0A7 SECTION 00950 CHANGE ORDER FORM CHANGE ORDER NO. CONTRACTOR: WORK ORDER TITLE & NO. : ORIGINAL BID/RFP # & TITLE: 9509 CM/GC Services for Laporte Avenue Bridge & Roadway Improvements from Taft Hill Road to Grandview Avenue 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: ____________ (Purchasing Agent if > $60,000) cc: City Clerk Architect/Engineer Finance Purchasing Project Manager Contractor DocuSign Envelope ID: A8EBBC05-9F85-4B7C-A003-6ED3287CA0A7 SECTION 00960 PAYMENT APPLICATION DocuSign Envelope ID: A8EBBC05-9F85-4B7C-A003-6ED3287CA0A7 Section 00960 APPLICATION FOR PAYMENT PAGE 1 OF 4 OWNER: City of Fort Collins PROJECT: APPLICATION NUMBER: APPLICATION DATE: PERIOD BEGINNING: ENGINEER: CONTRACTOR: PERIOD ENDING: PROJECT NUMBER: CHANGE ORDERS Application is made for Payment as shown below in connection with Contract NUMBER DATE AMOUNT The present status of the account for this Contract is as follows: 1 2 Original Contract Amount: 3 Net Change by Change Order: Current contract Amount: $0.00 Total Completed and Stored to Date: Less Previous Applications: Amount Due this Application - Before Retainage: $0.00 Less Retainage: Net Change by Change Order $0.00 AMOUNT DUE THIS APPLICATION: $0.00 CERTIFICATION: The undersigned CONTRACTOR certifies that all obligations of CONTRACTOR incurred in connection with the Work have been satisfied as required in Paragraph 14.3. of the General Conditions of the Contract. The above Amount Due This Application is requested by the CONTRACTOR. Date: By: Payment of the above Amount Due This Application is recommended by the ENGINEER. Date: By: Payment of the above Amount Due This Application has been reviewed by the OWNER'S Project Manager. Date: By: Payment of the above Amount Due This Application is approved by the OWNER. Date: By: DocuSign Envelope ID: A8EBBC05-9F85-4B7C-A003-6ED3287CA0A7 CONTRACT AMOUNTS APPLICATION FOR PAYMENT PAGE 2 OF 4 Work Completed Work Completed Work Completed Stored Bid This Month Previous Periods To Date Materials Total Item This Earned Percent Number Description Quantity Units Unit Price Amount Qty. Amount Qty. Amount Qty. 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Amount Qty. Amount Qty. Amount Period To Date Billed $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 TOTALS CHANGE ORDERS $0.00 $0.00 $0.00 $0.00 $0.00 PROJECT TOTALS $0.00 $0.00 $0.00 $0.00 $0.00 DocuSign Envelope ID: A8EBBC05-9F85-4B7C-A003-6ED3287CA0A7 STORED MATERIALS SUMMARY PAGE 4 OF 4 On Hand Received Installed On Hand Item Invoice Previous This This This Number Number Description Application Period Period Application $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 TOTALS $0.00 $0.00 $0.00 $0.00 DocuSign Envelope ID: A8EBBC05-9F85-4B7C-A003-6ED3287CA0A7 Exhibit C CHANGE ORDER FORM CHANGE ORDER NO. CONTRACTOR: WORK ORDER TITLE & NO. : ORIGINAL BID/RFP # & TITLE: 9509 CM/GC Services for Laporte Avenue Bridge & Roadway Improvements from Taft Hill Road to Grandview Avenue 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:____________ (Purchasing Agent if > $60,000) cc: City Clerk Architect/Engineer Finance Purchasing Project Manager Contractor DocuSign Envelope ID: A8EBBC05-9F85-4B7C-A003-6ED3287CA0A7 EXHIBIT D SCOPE OF SERVICES The City of Fort Collins is requesting proposals from qualified Contractors for Construction Manager/General Contractor (CM/GC) services related to the construction of the Laporte Ave Bridge & Roadway Improvements. The Laporte Ave Bridge & Roadway Improvements are based on preliminary plans that are available in Attachment 1. The plans are approximately 30% design plans. The Laporte Ave Bridge & Roadway Improvements is significant to the City of Fort Collins for many reasons, including the following:  Laporte Ave is a moderately travelled two lane arterial east-west route within Fort Collins.  Laporte Ave is a vital vehicle, mass transit, pedestrian and bicycle connection that links west Fort Collins schools, recreation areas, and residences to the cultural center of Old Town Fort Collins.  The Laporte Ave Bridge & Roadway improvements is the first of two planned projects to improve the corridor experience for pedestrians and cyclists.  The Laporte Ave Bridge and Roadway Improvements Project will replace two sub-standard bridges that are overdue for structural and functional improvements. The Laporte Ave Bridge and Roadway Improvement project will require two bridge replacements. The bridge replacements will require extensive coordination and traffic control phasing during construction with both the City, local businesses, Poudre School District, and the New Mercer Canal ditch company. Typically, the ditch stops running water on October 15th and the contractor would have full access to reconstruct the bridge at that time. Water typically begins flowing through the ditch again around April 15th. The ditch company may stop running water sooner or may run water for longer depending on the customer needs and conditions. Due to project scheduling and time constraints, it is likely that some of the bridge work would need to be done prior to Oct 15th, including abutments and walls. The City would like to explore ways to begin as much work as possible prior to the ditch water being shutoff. For the purposes of this RFP, the Contractor may assume and price, precast concrete slab beams with cast in place composite bridge decks on a combination of cast in place abutments and geosynthetic reinforced soil abutments. However, the City is also open to exploring other construction alternatives in order to minimize construction and schedule impacts. The City has included the Structure Selection Report (Attachment #2) which is intended to be used as a guide for prospective proposals that would like to propose other abutment or girder alternatives. The contractor is encouraged to discuss innovative approaches to constructing the bridges in order to meet schedule constraints, including but not limited to precast items, innovative phasing options and construction materials, etc. The City will also reconstruct approximately 1300 lineal feet of Laporte Ave between Taft Hill Road and Grandview Ave. as part of this project. The new roadway cross section will add grade separated combination bikeways & sidewalks to the corridor. The new roadway profile will accommodate surface drainage improvements and accommodate the new bridge structures. The City would like the contractor to discuss options for rebuilding Laporte Ave from STA 54+25 to STA 67+00 and address impacts to traveling public, and overall constructability of the corridor. Any cost savings or efficiencies gained with particular phasing or construction techniques should also be addressed. City funds will be used for the design, right-of-way acquisition and construction of the improvements. The prioritized Project Goals for the project have been determined to be: 1. Maximize safety, infrastructure, and operational multi-modal improvements within a set project budget. DocuSign Envelope ID: A8EBBC05-9F85-4B7C-A003-6ED3287CA0A7 2. Minimize inconvenience to the traveling public and businesses during construction. 3. Complete the Project by Summer 2023, with emphasis on completing the bridge structures ahead of the New Mercer Ditch turn-on date of April 15, 2023. 4. Provide a high quality, final product. 5. Coordinate between designer, contractor, and utility owners to facilitate effective and efficient utility relocations. 6. Utilize innovative bridge construction approaches to reduce cost, improve quality, and decrease project duration and impact. The Contractor should address their approach to accomplishing these goals. This RFP shall cover construction management and general contractor services for all of the work identified above and in all attachments. Also, as a sidenote, there is a separate Federally funded Laporte Ave corridor project that will reconfigure Laporte Ave east and west of the Laporte Ave Bridge project limits. The Laporte Ave Corridor Project is anticipated to begin construction in summer, 2023. The project is currently being developed as a traditional design, bid, build CDOT/Fed funded project. A. Project Status The City entered into a contract with Otak, Inc. to provide the final engineering design for the Laporte Ave Bridge and Roadway Improvement Project and to provide consultant support services for the CM/GC process. The following general timelines for design milestones are as follows: 30% Design Updated Submittal April 1, 2022 100% Design Submittal October 1, 2022 Construction Notice to Proceed (NTP) October 15, 2022 All Proposed Improvements are on Existing City Right-of-way. The City will need to acquire Temporary Construction Easements (TCE) and License to Enter (LTE) for completion of survey work and construction near the proposed bridge structures. It is anticipated that the City will have TCEs and LTEs developed by of early fall, 2022. As TCE/LTEs are acquired, work may be authorized by the City of Fort Collins and the contractor may begin operations in these areas with written permission. See 30% plan sheets 12-14 for existing ROW linework. C. CM/GC Scope of Work CM/GC is a contracting method that involves the contractor in the design process. The selected CM/GC will be required to enter into a Services Agreement – Work Order type. The City anticipates award of separate Work Orders for each phase of the project including; 1) Preconstruction Support Services; and 2) Construction Services. The intent is to form a partnership with the City of Fort Collins (the owner), the designer working for the City of Fort Collins (Otak, Inc.), and the Contractor. The focus is on a partnership and a collaborative design development to minimize risk, improve the construction schedule, promote innovation, and a cost efficient construction. 1. Preconstruction Support Services The CM/GC team relies on the expertise of the contractor to deliver a better product in less time and at a cost competitive with traditional design-bid-build construction processes. The contractor is required to provide the following expertise during the Preconstruction Support Services Phase of the project: DocuSign Envelope ID: A8EBBC05-9F85-4B7C-A003-6ED3287CA0A7  The skills and knowledge to estimate the quantities of materials, labor, and equipment needed to construct the project.  The skills and knowledge to determine the tasks (work breakdown structure) needed to complete the project and estimate the costs, duration, and sequence of these tasks.  An understanding of the availability, cost, and capacities of materials, labor, and equipment.  The skills and knowledge to identify potential risks (including cost and schedule risks) and methods to mitigate them during the design process.  The skills and knowledge to determine constructability of various designs and to develop construction phasing and maintenance of traffic schemes for various designs and construction approaches.  The skills, knowledge and experience to address bridge construction and phasing and the ability to evaluate the feasibility of all types of bridge substructure and superstructure construction techniques. The contractor should be able to discuss the viability and pros and cons of various types of concrete bridge construction including but not limited to cast-in-place, precast, alternative concrete materials, etc.  The skills, knowledge and experience necessary to coordinate the project work with anticipated utilities conflicts and relocations. If the bridges are to be constructed primarily by a subcontractor, that subcontractor must be willing to be involved with Preconstruction Support Services at the same level as the contractor to discuss in detail bridge construction costs, techniques, etc. as detailed above. The subcontractor must also be willing to adhere to the City’s “open book” negotiation policy as detailed below in Section C.2.b. It is expected that any subcontractor that the City, in its sole discretion, deems to be significant and critical to the overall project delivery be available throughout the Preconstruction Support Services Phase of the project and adhere to the City’s “open book” negotiation policy. The City shall be involved with the procurement of subcontractors to the extent required to determine reasonableness of price and quality of work. It is expected that the Contractor involve the City in the subcontractor procurement process and work together with the City to procure acceptable contractors in terms of scope, schedule, budget and quality. Examples of subcontracted work the City would consider to be significant and critical may be: - Bridge and wall construction – concrete, railings, modular block, etc. - Concrete pavement, curb and gutter, sidewalk - Asphalt placement - Landscaping - Traffic control The selected contractor will be awarded a Preconstruction Support Services contract, prepared and administered by the City. The cost of the contract will be based upon a final negotiated scope, total hours and unit rate for each key employee for “Preconstruction Support Services” submitted as part of the Unit Price Cost Proposal. The Preconstruction Support Services contract will be in the form of a Work Order, issued per the attached Section VI. Sample Agreement. The Preconstruction Support Services Work Order may include any or all the following activities: a. Partnering: The City expects a strong partnering relationship with the selected CM/GC contractor. A formal Partnering Session will be held with the selected contractor, City of Fort Collins team members and contract Architects and Engineers (the Otak, Inc. design team) soon after the selection process is completed. Successful CM/GC project delivery requires an environment where trust and teamwork prevent disputes, fosters a cooperative bond to everyone’s benefit, and facilitates the completion of a successful project. Adversarial relationships between the contractor and owner will not be acceptable on the project, and could lead to the termination of the contract. DocuSign Envelope ID: A8EBBC05-9F85-4B7C-A003-6ED3287CA0A7 b. Initial Risk Assessment Workshop: Participate in an initial project introduction and Risk Assessment workshop. The workshop will be conducted in Fort Collins and will include the following tasks: i. Project site walkthrough ii. Introduction to the project and the project stakeholders iii. Project status, goals, objectives, funding, etc. iv. Presentation of project elements v. Review phasing options for construction vi. Development of alternative phasing concepts vii. Assessment of primary project risks in terms of cost, quality and schedule c. Design Reviews (collaborative design development): Participate in an estimated three formal design reviews. For each review the contractor may be asked to perform any or all of the following tasks: i. Provide constructability reviews ii. Work with the designer to prepare draft construction phasing and maintenance of traffic schemes iii. Develop construction schedules iv. Provide construction cost estimates v. Perform a risk assessment in terms of cost, quality and schedule vi. Provide value engineering to reduce risk, cost and schedule vii. Engage and coordinate with stakeholders and property owners The Contractor may be asked to perform any of the above tasks throughout the design phase, and not necessarily during formal design reviews. It is anticipated the Contractor will be fully engaged throughout the design process and be willing to provide input when requested. The Contractor shall be compensated for all their time spent providing design assistance as identified above, in accordance with the Preconstruction Support Services Work Order. It is likely that the Contractor will be required to attend bi-weekly or monthly coordination meetings as identified by the City. The Contractor may be required to engage and coordinate with stakeholders and property owners prior to construction. 2. Construction Contract Price Negotiations When the City, the Designer, and the Contractor agree that the project has been designed to a sufficient level of detail to allow the Contractor to accurately price construction elements of the project, Construction Contract Price Negotiations will commence. In order to expedite the project, Construction Contract Price Negotiation may start before the completion of the Preconstruction Support Services. The Contractor’s work effort for Construction Contract Price Negotiations will be separate from its Preconstruction Support Services, and will not be compensated for by the City. The contractor will be compensated for construction cost estimates prepared during the design process prior to Construction Contract Price Negotiations. The City will determine when Construction Contract Price Negotiations have begun. a. Price Negotiation Process: The following procedures will be used for Construction Contract Price Negotiations. i. The designer will produce a set of the relevant plans and specifications showing the work to be accomplished. The plans will also show all work accomplished under any previous construction packages. ii. The contractor will prepare a “bid” to perform the work shown. The contractor will use the unit prices submitted as part of the Proposal unless a new unit price is justified based off factors discussed with the City throughout the design process and identified in the original project proposal. DocuSign Envelope ID: A8EBBC05-9F85-4B7C-A003-6ED3287CA0A7 iii. The City will produce an independent construction cost estimate for the work. iv. Upon opening the contractor’s “bid” the City will determine the acceptability of the “bid” by comparing it to its independent construction cost estimate. v. If the prices are acceptable, the City will prepare a Work Order for construction services. If a previous Work Order for construction services had been entered into, this work may be added to that contract by change order. vi. If the prices are not acceptable the City and the contractor will conduct a price negotiation meeting to discuss the variances between the “bid” and independent construction cost estimates. vii. Following the price negotiation meeting the Construction Contract Negotiations will enter into subsequent iteration of the above noted process. viii. The City reserves the right to require the Contractor to enter into “open book” cost model price negotiations at any time through this process, where the contractor will be required to reveal and defend its detailed pricing breakdowns including labor, materials, equipment, subcontractor and supplier quotes, mobilization, overhead, mark-up, and profit. See below for the City’s “open book” negotiation requirements. ix. At any time, if the City determines that an agreement cannot be successfully negotiated, the City reserves the right to terminate construction contract negotiations and the Preconstruction Support Services contract and procure the construction of the project by other means. If the City then offers the project up for public bids the contractor will not be eligible to bid on the project. b. “Open Book” Negotiations Process: Negotiations may require any or all of the following information. The contractor shall submit information as requested by the City to the extent necessary to permit the City to determine the reasonableness of the “bid” price. The contractor shall provide cost or pricing data, broken down by individual work item, for the contractor and each major subcontractor. The contractor shall submit material and subcontractor quotes, anticipated labor and equipment usage, and anticipated production rates. If requested, submit a written proposal for the work identifying the major elements of the work, the quantity of the element, and its contribution to the proposed price. Provide further breakdowns if requested by the City. Material: Furnish quotes and/or material invoices showing the cost of material to be incorporated in the work. Labor: Show basic hourly rates, fringe benefits, applicable payroll costs (workers compensation, insurance, etc.) paid subsistence, and travel costs for each labor classification and foreman employed in the work. Equipment: Provide a complete descriptive listing of equipment to be used in the work including make, model and year of manufacture. Support rented or leased equipment costs with invoices. Other direct costs: Furnish documentation of invoices to support any other direct costs to be incurred that are not included above (e.g., bonds, mobilization, permits, etc.). Production Rates: Provide actual hours of performance, on a daily basis, for each labor classification and for each piece of equipment. Subcontract Costs: Provide supporting data as required above. Overhead: Identify overhead rates and list the types of costs that are included in overhead. DocuSign Envelope ID: A8EBBC05-9F85-4B7C-A003-6ED3287CA0A7 Profit: Include a reasonable profit reflecting the efficiency and economy of the contractor and subcontractors in performing the work, the contract risk type, the work difficulty, and management effectiveness. Markup: List any markup cost for subcontractors or other items. Provide backup information as requested for a breakdown and justification of markup expenses. 3. Construction Requirements The City expects the CM/GC Contractor to provide full construction services related to the completion of the Project. The CM/GC will be required to sign a Work Order for construction services. A template of the City’s Work Order for construction Services is available upon written request. For the most part, construction services will be contracted and performed in accordance with the City’s standard processes for traditional design-bid-build projects. These services are to include, but not be limited to the following:  Provide construction services according to the Agreement and contract documents including self- performance with a goal of at least 40% of the physical work (including overhead, profit and materials).  Provide qualified full time site supervision and management of trade subcontractors to meet or exceed the defined project schedule.  Provide open procurement of subcontractors and suppliers that are not assigned by the City. Include the City in the procurement process. A minimum of 3 quotes may be required for the subcontractor procurement process. If less than 3 subcontractor quotes are obtained for a given item of work, justification must be provided to, and agreed upon by, the City. The City may choose to limit the amount of subcontractor quotes at their discretion.  Provide storm water management and BMP maintenance for the site complying with State and City regulations.  Provide construction delivery scheduling, meeting attendance and reporting according to contract document and federal or state requirements. This includes progress reporting and subcontractor work participation.  Provide site security and protection during construction. Provide all site safety management and compliance with OSHA standards and criteria. Implement a site safety program that is reported on regularly.  Provide for quality control program that meets or exceeds minimum job/contract document and industry standards. Coordinate all quality control testing and inspections through the City.  Meet all licensing and permitting requirements as set forth by the City of Fort Collins and the State of Colorado for both GC and subcontracted work. Contractors must be pre-qualified with the Colorado Department of Transportation for work on state highways. To become pre-qualified during the proposal period, contact the project manager. Applications must be submitted within one week of the initial RFP release.  Provide work that complies with the Larimer County Urban Area Street Standards (LCUASS), the Colorado Department of Transportation Standard Specifications for Road and Bridge Construction, City of Fort Collins Development Construction Standards for Water, Wastewater and Stormwater dated June 2017, FHWA Geosynthetic Reinforced soil Integrated Bridge system Interim Implementation Guide dated June 2012, project construction contract and general and special provisions as amended by the contract. See Attachment 4 – Contract Provisions for the current set of Contract Provisions. This is not an exhaustive list, and more project provisions may be included as design progresses. DocuSign Envelope ID: A8EBBC05-9F85-4B7C-A003-6ED3287CA0A7  Provide services to manage participation in project close out process and needs during the project warranty period.  Provide State and City required documentation prior to and during construction, including but not limited to: payrolls for contractor and subcontractors, CDOT Form 205 for each subcontractor, material submittals and certifications, schedule updates, etc. and other documentation as required in the final contract documents. Early Procurement of Long Time Materials and Other Services: The contractor may be asked to procure long lead materials that may be in short supply or require longer than desired lead times from purchase to delivery. The City may also procure through the contractor such services as pavement cores, pipe videos, potholes, or other investigations to facilitate the design. The City may choose to exercise this option if the early procurement saves significant construction time, money, or avoids potential delays once the project begins, etc. The procedures as previously described will be used to negotiate early materials procurements. The City may ask to procure these items at any reasonable time throughout the design and construction phase of the project. Early Action Construction Contracts: Similar to early materials procurements early action construction projects may be initiated before the design as a whole is completed for the project. The Construction Contract Price Negotiation process will be followed for the negotiation of early action construction contracts. Early construction may be done in an effort to coordinate with other entities, including the ditch company, City Traffic Department, local businesses, etc. The City may choose to exercise this action to save construction time, money, or avoid potential delays and rework once the project begins, etc. 4. CM/GC Process and Fees The City intends to negotiate a unit price contract that shall cover the entire scope of construction services with the selected contractor and may require the City’s “Open Book Negotiation Process” as detailed above. The contractor will also be required to provide input on estimated quantities for each Major Line Item, and the City and Contractor will come to a final agreed upon quantity. The Major Line Items will be determined by the City with input from the contractor. Once the final quantities are agreed to, a quantity allowance for each item will be negotiated (typically less than five percent). The final quantities plus allowance for each item will encompass the total contract amount for each item. This will be the Guaranteed Maximum Quantity for each item, similar to a Guaranteed Maximum Price. The contractor shall be fully responsible for any costs associated to complete the work above the negotiated Maximum Quantity, unless there is an agreed upon change in scope for any item that overruns the Maximum Quantity. The contractor shall include industry standard overhead, profit and markup rates as applicable to each task and item. Maximum overhead, profit and markup rates for any line item shall be set with the Preconstruction Support Services contract in accordance with the contractors Unit Price Cost Proposal (see Section II Cost Proposal and Approach to Unit Prices). The contractor shall utilize the unit pricing, overhead, profit and markup rates stated in Attachment 3, unless other rates are negotiated. Individual line items may have different overhead, profit or markup rates appropriate for the given risk and difficulty of the work, provided they are less than the maximum amount set in the Preconstruction Support Services Contract. DocuSign Envelope ID: A8EBBC05-9F85-4B7C-A003-6ED3287CA0A7 Travel & Expenses Subject to the terms of the applicable Work Order, reasonable expenses will be reimbursable per the current rates found at www.gsa.gov. Subcontractors/Subconsultants City will contract solely with the awarded Service Provider; therefore, subcontractors and/or subconsultants will be the responsibility of the Service Provider/Professional. Current standards All work and/or materials must meet current standards in force by recognized technical and professional societies, trade and materials supply associations, institutes and organizations, bureaus and testing laboratories, and national, federal, state, county, and local laws, codes and ordinances. Fees, Licenses, Permits Service Provider shall be responsible for obtaining any necessary licenses, fees or permits without additional expense to the City. All vehicles and equipment shall be properly licensed and insured, carry the appropriate permits and be placarded as required by law. Laws and Regulations The Service Provider agrees to comply fully with all applicable local, State of Colorado and Federal laws and regulations and municipal ordinances to include American Disabilities Act (ADA). Work Orders Individual Work assignments will be requested and agreed to utilizing the City’s Work Order (included in the Agreement). Each Work Order must include a start and completion date, total cost and a Scope of Work. Subsequent supporting documentation pages may include a project schedule, deliverables, hours, cost detail supporting total cost, and personnel details. Fees outlined in the Work Order will conform with those stated in the Agreement. No Work Order over $7,500 will be considered valid until signed, at a minimum, by the Service Provider, project manager and Purchasing Department representative. Depending on the cost and nature of the Work, additional signature authorization may be required. Any changes to the dates, cost or scope of any Work Order must be agreed upon in writing utilizing the City’s Change Order (included in the Agreement) and will not be considered valid until signed, at a minimum, by the Service Provider/Professional, project manager and Purchasing Department representative. Invoicing and Payment Invoices should be emailed monthly to invoices@fcgov.com with a copy to the Project Manager. The cost of the work completed shall be paid to the Service Provider/Professional each month following the submittal of a correct invoice by the Service Provider/Professional indicating the project name, Purchase Order number, task description, hours worked, personnel/work type category, hourly rate for each employee/work type category, date of the work performed specific to the task, percentage of that work that has been completed by task, 3rd party supporting documentation with the same detail and a brief progress report. Payments will be made using the prices stated in the Work Order and Agreement. In the event a service is requested which is not stated in the Work Order and/or Agreement, the Service Provider/Professional and the City will negotiate an appropriate unit price for the service prior to the Service Provider/Professional initiating such work. The City pays invoices on Net 30 terms. DocuSign Envelope ID: A8EBBC05-9F85-4B7C-A003-6ED3287CA0A7 COVID-19 Compliance The Service Provider and its subcontractors/consultants shall comply with all state, county, and local laws, ordinances, and public health orders established to reduce the spread of COVID-19, as applicable. The Service Provider shall ensure employees and subcontractors/subconsultants with COVID-19 symptoms do not report to the job site. Service Provider must organize work to ensure individuals minimize contact and maximize social distancing. Individuals must wear all standard worksite personal protective equipment (PPE). In addition, individuals should wear a mask or cloth face covering consistent with local public health recommendations and other applicable safety requirements. DocuSign Envelope ID: A8EBBC05-9F85-4B7C-A003-6ED3287CA0A7 EXHIBIT E COMPENSATION DocuSign Envelope ID: A8EBBC05-9F85-4B7C-A003-6ED3287CA0A7 FOR REFERENCE, UNIT PRICES TO BE USED FOR CONSTRUCTION WORK ORDERS UNLESS OTHERWISE MUTUALLY AGREED. DocuSign Envelope ID: A8EBBC05-9F85-4B7C-A003-6ED3287CA0A7 DocuSign Envelope ID: A8EBBC05-9F85-4B7C-A003-6ED3287CA0A7 FOR REFERENCE, UNIT PRICES TO BE USED FOR CONSTRUCTION WORK ORDERS UNLESS OTHERWISE MUTUALLY AGREED. DocuSign Envelope ID: A8EBBC05-9F85-4B7C-A003-6ED3287CA0A7 EXHIBIT F INSURANCE REQUIREMENTS The Service Provider will provide, from insurance companies acceptable to the City, the insurance coverage designated hereinafter and pay all costs. Before commencing work under this bid, the Service Provider shall furnish the City with certificates of insurance showing the type, amount, class of operations covered, effective dates and date of expiration of policies. In case of the breach of any provision of the Insurance Requirements, the City, at its option, may take out and maintain, at the expense of the Service Provider, such insurance as the City may deem proper and may deduct the cost of such insurance from any monies which may be due or become due the Service Provider under this Agreement. Insurance certificates should show the certificate holder as follows: City of Fort Collins Purchasing Division PO Box 580 Fort Collins, CO 80522 The City, its officers, agents and employees shall be named as additional insureds on the Service Provider 's general liability and automobile liability insurance policies by marking the appropriate box or adding a statement to this effect on the certificate, for any claims arising out of work performed under this Agreement. Insurance coverages shall be as follows: A. Workers' Compensation & Employer's Liability. The Service Provider shall maintain during the life of this Agreement for all of the Service Provider's employees engaged in work performed under this agreement. Workers' Compensation & Employer’s Liability insurance shall conform with statutory limits of $100,000 per accident, $500,000 disease aggregate, and $100,000 disease each employee, or as required by Colorado law. B. General Liability. The Service Provider shall maintain during the life of this Agreement such General Liability as will provide coverage for damage claims of personal injury, including accidental death, as well as for claims for property damage, which may arise directly or indirectly from the performance of work under this Agreement. Coverage for property damage shall be on a "broad form" basis. The amount of insurance for General Liability, shall not be less than $1,000,000 combined single limits for bodily injury and property damage. C. Automobile Liability. The Service Provider shall maintain during the life of this Agreement such Automobile Liability insurance as will provide coverage for damage claims of personal injury, including accidental death, as well as for claims for property damage, which may arise directly or indirectly from the performance of work under this Agreement. Coverage for property damage shall be on a "broad form" basis. The amount of insurance for Automobile Liability, shall not be less than $1,000,000 combined single limits for bodily injury and property damage. In the event any work is performed by a subcontractor, the Service Provider shall be responsible for any liability directly or indirectly arising out of the work performed under this Agreement by a subcontractor, which liability is not covered by the subcontractor's insurance. DocuSign Envelope ID: A8EBBC05-9F85-4B7C-A003-6ED3287CA0A7 EXHIBIT G CONFIDENTIALITY IN CONNECTION WITH SERVICES provided to the City of Fort Collins (the “City”) pursuant to this Agreement (the “Agreement”), the Service Provider hereby acknowledges that it has been informed that the City has established policies and procedures with regard to the handling of confidential information and other sensitive materials. In consideration of access to certain information, data and material (hereinafter individually and collectively, regardless of nature, referred to as “information”) that are the property of and/or relate to the City or its employees, customers or suppliers, which access is related to the performance of services that the Service Provider has agreed to perform, the Service Provider hereby acknowledges and agrees as follows: That information that has or will come into its possession or knowledge in connection with the performance of services for the City may be confidential and/or proprietary. The Service Provider agrees to treat as confidential (a) all information that is owned by the City, or that relates to the business of the City, or that is used by the City in carrying on business, and (b) all information that is proprietary to a third party (including but not limited to customers and suppliers of the City). The Service Provider shall not disclose any such information to any person not having a legitimate need-to-know for purposes authorized by the City. Further, the Service Provider shall not use such information to obtain any economic or other benefit for itself, or any third party, except as specifically authorized by the City. The foregoing to the contrary notwithstanding, the Service Provider understands that it shall have no obligation under this Agreement with respect to information and material that (a) becomes generally known to the public by publication or some means other than a breach of duty of this Agreement, or (b) is required by law, regulation or court order to be disclosed, provided that the request for such disclosure is proper and the disclosure does not exceed that which is required. In the event of any disclosure under (b) above, the Service Provider shall furnish a copy of this Agreement to anyone to whom it is required to make such disclosure and shall promptly advise the City in writing of each such disclosure. In the event that the Service Provider ceases to perform services for the City, or the City so requests for any reason, the Service Provider shall promptly return to the City any and all information described hereinabove, including all copies, notes and/or summaries (handwritten or mechanically produced) thereof, in its possession or control or as to which it otherwise has access. The Service Provider understands and agrees that the City’s remedies at law for a breach of the Service Provider’s obligations under this Confidentiality Agreement may be inadequate and that the City shall, in the event of any such breach, be entitled to seek equitable relief (including without limitation preliminary and permanent injunctive relief and specific performance) in addition to all other remedies provided hereunder or available at law. DocuSign Envelope ID: A8EBBC05-9F85-4B7C-A003-6ED3287CA0A7 SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS. INSURER(S) AFFORDING COVERAGE INSURER F : INSURER E : INSURER D : INSURER C : INSURER B : INSURER A : NAIC # NAME: CONTACT (A/C, No): FAX E-MAIL ADDRESS: PRODUCER (A/C, No, Ext): PHONE INSURED REVISION NUMBER:CERTIFICATE NUMBER:COVERAGES IMPORTANT: If the certificate holder is an ADDITIONAL INSURED, the policy(ies) must have ADDITIONAL INSURED provisions or be endorsed. If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER. OTHER: (Per accident) (Ea accident) $ $ N / A SUBR WVD ADDL INSD THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. $ $ $ $PROPERTY DAMAGE BODILY INJURY (Per accident) BODILY INJURY (Per person) COMBINED SINGLE LIMIT AUTOS ONLY AUTOSAUTOS ONLY NON-OWNED SCHEDULEDOWNED ANY AUTO AUTOMOBILE LIABILITY Y / N WORKERS COMPENSATION AND EMPLOYERS' LIABILITY OFFICER/MEMBER EXCLUDED? (Mandatory in NH) DESCRIPTION OF OPERATIONS below If yes, describe under ANY PROPRIETOR/PARTNER/EXECUTIVE $ $ $ E.L. DISEASE - POLICY LIMIT E.L. DISEASE - EA EMPLOYEE E.L. EACH ACCIDENT ER OTH- STATUTE PER LIMITS(MM/DD/YYYY) POLICY EXP (MM/DD/YYYY) POLICY EFF POLICY NUMBERTYPE OF INSURANCELTR INSR DESCRIPTION OF OPERATIONS / LOCATIONS / VEHICLES (ACORD 101, Additional Remarks Schedule, may be attached if more space is required) EXCESS LIAB UMBRELLA LIAB $EACH OCCURRENCE $AGGREGATE $ OCCUR CLAIMS-MADE DED RETENTION $ $PRODUCTS - COMP/OP AGG $GENERAL AGGREGATE $PERSONAL & ADV INJURY $MED EXP (Any one person) $EACH OCCURRENCE DAMAGE TO RENTED $PREMISES (Ea occurrence) COMMERCIAL GENERAL LIABILITY CLAIMS-MADE OCCUR GEN'L AGGREGATE LIMIT APPLIES PER: POLICY PRO- JECT LOC CERTIFICATE OF LIABILITY INSURANCE DATE (MM/DD/YYYY) CANCELLATION AUTHORIZED REPRESENTATIVE ACORD 25 (2016/03) © 1988-2015 ACORD CORPORATION. All rights reserved. CERTIFICATE HOLDER The ACORD name and logo are registered marks of ACORD HIRED AUTOS ONLY 10,000,000 GL22A00089 GL22B00089 GL22C00089 CUE7033727217 C C C 10,000,000 Fort Collins, CO 80522 PO Box 9207 1,000,000 AGCS MARINE INS CO ALLIED WORLD ASSUR CO US INC ACIG INS CO CONTINENTAL INS CO 06/01/23 X AMERICAN CONTRACTORS INS CO RRG 06/01/23 06/01/23 100,000 SEMA Construction, Inc. thirty (30) days written notice has been received by the City of Fort Collins. The insurance evidenced by this Certificate will not reduce coverage or limits and will not be cancelled, except after by written contract or agreement, per policy terms & conditions. The City, its officers, agents and employees are included as Additional Insureds on the General Liability when required RE: Ft.Collins - CMGC LaPorte Ave.-PreConst Srvcs; Project No. 9509 CM/GC; Sema #102206 10,000,000 Limit Each Occurrence N X A A A 06/01/22 06/01/23 1,000,000 10,000,000 X USA 5,000,00006/01/23 X 04/01/22 Leased/Rented Equipment PO Box 580 Excess Liability MZI93082892 03122848 06/01/23 WCA000028321 WCA000028521 10,000,000 WCA000028421 04/01/22 AL22000035 04/01/22 04/01/22 hvencilwdsm 04/01/22 65095210 65095210 B X X Centennial, CO 80112 Des Moines, IA 50306-9207 04/11/2022 Holmes Murphy & Associates - WDM A 7353 S Eagle Street 22837 19489 19984 35289 12300 10,000,000 X X 04/01/21 04/01/22 Purchasing Division City of Fort Collins 1,000,000 10,000,000 E 1-800-247-7756 D X 04/01/23 5,000 04/01/23 04/01/23 04/01/22 04/01/22 04/01/22 10,000,000 DocuSign Envelope ID: A8EBBC05-9F85-4B7C-A003-6ED3287CA0A7 SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS. INSURER(S) AFFORDING COVERAGE INSURER F : INSURER E : INSURER D : INSURER C : INSURER B : INSURER A : NAIC # NAME: CONTACT (A/C, No): FAX E-MAIL ADDRESS: PRODUCER (A/C, No, Ext): PHONE INSURED REVISION NUMBER:CERTIFICATE NUMBER:COVERAGES IMPORTANT: If the certificate holder is an ADDITIONAL INSURED, the policy(ies) must have ADDITIONAL INSURED provisions or be endorsed. If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER. OTHER: (Per accident) (Ea accident) $ $ N / A SUBR WVD ADDL INSD THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. $ $ $ $PROPERTY DAMAGE BODILY INJURY (Per accident) BODILY INJURY (Per person) COMBINED SINGLE LIMIT AUTOS ONLY AUTOSAUTOS ONLY NON-OWNED SCHEDULEDOWNED ANY AUTO AUTOMOBILE LIABILITY Y / N WORKERS COMPENSATION AND EMPLOYERS' LIABILITY OFFICER/MEMBER EXCLUDED? (Mandatory in NH) DESCRIPTION OF OPERATIONS below If yes, describe under ANY PROPRIETOR/PARTNER/EXECUTIVE $ $ $ E.L. DISEASE - POLICY LIMIT E.L. DISEASE - EA EMPLOYEE E.L. EACH ACCIDENT ER OTH- STATUTE PER LIMITS(MM/DD/YYYY) POLICY EXP (MM/DD/YYYY) POLICY EFF POLICY NUMBERTYPE OF INSURANCELTR INSR DESCRIPTION OF OPERATIONS / LOCATIONS / VEHICLES (ACORD 101, Additional Remarks Schedule, may be attached if more space is required) EXCESS LIAB UMBRELLA LIAB $EACH OCCURRENCE $AGGREGATE $ OCCUR CLAIMS-MADE DED RETENTION $ $PRODUCTS - COMP/OP AGG $GENERAL AGGREGATE $PERSONAL & ADV INJURY $MED EXP (Any one person) $EACH OCCURRENCE DAMAGE TO RENTED $PREMISES (Ea occurrence) COMMERCIAL GENERAL LIABILITY CLAIMS-MADE OCCUR GEN'L AGGREGATE LIMIT APPLIES PER: POLICY PRO- JECT LOC CERTIFICATE OF LIABILITY INSURANCE DATE (MM/DD/YYYY) CANCELLATION AUTHORIZED REPRESENTATIVE ACORD 25 (2016/03) © 1988-2015 ACORD CORPORATION. All rights reserved. CERTIFICATE HOLDER The ACORD name and logo are registered marks of ACORD HIRED AUTOS ONLY 04/01/21 04/01/22 04/01/22 GL22A00089 GL22B00089 GL22C00089 5,000,000 1,000,000 Centennial, CO 80112 Des Moines, IA 50306-9207 WCA000028321 WCA000028521 WCA000028421 hvencilwdsm X X X PO Box 580 65095924 65095924 06/01/22 04/01/23 06/01/23 04/01/23 04/01/23 10,000,000 10,000,000 10,000,000 thirty (30) days written notice has been received by the City of Fort Collins. The insurance evidenced by this Certificate will not reduce coverage or limits and will not be cancelled, except after Liability when required by written contract or agreement, per policy terms & conditions. The City, its officers, agents and employees are included as Additional Insureds on the Auto Liability and General 04/01/22 RE: Ft.Collins - CMGC LaPorte Ave.-PreConst Srvcs; Project No. 9509 CM/GC; Sema #102206 04/01/22 1,000,000 04/01/22 AGCS MARINE INS CO ALLIED WORLD ASSUR CO US INC ACIG INS CO CONTINENTAL INS CO AMERICAN CONTRACTORS INS CO RRG 1-800-247-7756 7353 S Eagle Street 5,000 Purchasing Division City of Fort Collins AL22000035 PO Box 9207 X 04/01/22 10,000,000 04/01/22 B 06/01/23 X 04/01/22 USA 1,000,000 04/01/22 MZI93082892 03122848 E D X Holmes Murphy & Associates - WDM X 100,000 22837 19489 19984 X 35289 12300 Limit Each Occurrence 10,000,000 X A A A N CUE7033727217 10,000,000 A 06/01/23 06/01/23 06/01/23 X Fort Collins, CO 80522 10,000,000 Leased/Rented Equipment Excess Liability 10,000,000 06/01/23 C C C SEMA Construction, Inc. 04/11/2022 X DocuSign Envelope ID: A8EBBC05-9F85-4B7C-A003-6ED3287CA0A7