Loading...
HomeMy WebLinkAboutBID - 9839 OAK STREET STORMWATER IMPROVEMENTS PROJECT REQUEST FOR PROPOSAL FOR 9839 OAK STREET STORMWATER IMPROVEMENTS PROJECT August 18, 2023 Financial Services Purchasing Division 215 N. Mason St. 2nd Floor PO Box 580 Fort Collins, CO 80522 970.221.6775 970.221.6707 fcgov.com/purchasing 9839 Oak Street Stormwater Improvements Project Page 2 of 129 REQUEST FOR PROPOSAL TABLE OF CONTENTS PROPOSAL INFORMATION 00020 Request for Proposal INFORMATION AND CONTRACT DOCUMENTS 00100 General Information BID SUBMITTAL DOCUMENTS 00300 Bid Form 00400 Supplemental Forms 00410 Bid Bond 00430 Schedule of Subcontractors 00440 Safety Form CONTRACT FORMS 00500 Agreement Forms 00510 Notice of Award 00520 Agreement 00530 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 Contract Change Order 00955 Work Change Directive 00960 Application for Payment Other documents provided as part of this RFP include: 1. Downtown Stormwater Improvement Program (DSIP) 2. Phase 1: Construction Drawings for the Oak Street Stormwater Improvements Project, Fort Collins, CO 3. Phase 2: Construction Drawings for the Oak Street Stormwater Improvements Project, Fort Collins, CO 4. Technical Specifications 5. Erosion Control Report / Stormwater Management Plan 9839 Oak Street Stormwater Improvements Project Page 3 of 129 6. Geotechnical Investigation Report 7. Geotechnical Investigation Report Addendum 8. Dewatering Pumping Test Result Memo 9. Geotechnical Baseline Report (GBR) 10. Groundwater Sampling Results for Construction Dewatering Evaluation 11. Subsurface Utility Engineering (SUE) Report 12. Basin-Wide Evaluation of Improvements, Old Town Basin, Final Report and Appendices (9-12- 2019) 9839 Oak Street Stormwater Improvements Project Page 4 of 129 SECTION 00020 REQUEST FOR PROPOSAL RFP 9839 OAK STREET STORMWATER IMPROVEMENTS PROJECT RFP DUE: 3:00 PM MT (Mountain Time), October 11, 2023 The City of Fort Collins (CITY or OWNER) is requesting proposals from Contractors to provide general contractor services for the construction of the Oak Street Stormwater Improvements Project in Fort Collins, CO. Award of the contract is subject to Council approval and appropriation of the funds. An ordinance will be submitted to City Council in October to provide full funding for the Oak Street Improvements Project. As part of the CITY’s commitment to sustainability, proposals must be submitted online through the Rocky Mountain E-Purchasing System (RMEPS) at http://www.bidnetdirect.com/colorado/city-of-fort-collins. Note: please ensure adequate time to submit proposals through RMEPS. Proposals not submitted by the designated Opening Date and Time will not be accepted by RMEPS. Rocky Mountain E-Purchasing System hosted by BidNet A copy of the RFP may be obtained at http://www.bidnetdirect.com/colorado/city-of-fort-collins. A pre-proposal meeting will be held at 9:00 AM MT on August 29, 2023. The pre-proposal meeting will be in person at the City of Fort Collins, 222 Laporte Avenue, Fort Collins, CO 80521. A job walk will be held as part of the meeting. Prospective Contractors are invited to present their questions relative to this RFP at this meeting. Parking for this facility can be found at the north end of the City’s 215 N. Mason building, on the street or in the parking garage at 120 N. Mason. Entrance to the building will be on the south end of the building. All questions should be submitted, in writing via email to Pat Johnson, CPPB, Senior Buyer at pjohnson@fcgov.com, no later than 3:00 PM MT on September 1, 2023. Please format your e-mail to include RFP 9839 Oak Street Stormwater Improvements Project in the subject line. Questions received after this deadline may not be answered. Responses to all questions submitted before the deadline will be addressed in an addendum and posted on the Rocky Mountain E-Purchasing System webpage. Prohibition of Unlawful Discrimination: The City of Fort Collins, in accordance with the provisions of Title VI of the Civil Rights Act of 1964 (78 Stat. 252, 42 US.C. §§ 2000d to 2000d-4) and the Regulations, hereby notifies all bidders that it will affirmatively ensure that any contract entered into pursuant to this advertisement, disadvantaged business enterprises will be afforded full and fair opportunity to submit bids in response to this invitation and will not be discriminated against on the grounds of race, color, or national origin in consideration for an award. The CITY strictly prohibits unlawful discrimination based on an individual’s gender (regardless of gender identity or gender expression), race, color, religion, creed, national origin, ancestry, age 40 years or older, marital status, disability, sexual orientation, genetic information, or other characteristics protected by law. For the purpose of this policy “sexual orientation” means a person’s actual or perceived orientation toward heterosexuality, homosexuality, and bisexuality. The CITY also strictly prohibits unlawful harassment in the workplace, including sexual harassment. Further, the CITY strictly prohibits unlawful retaliation against a person who engages in protected activity. Protected activity includes an employee complaining that he or she has been discriminated against in violation of the above policy or participating in an employment discrimination proceeding. 9839 Oak Street Stormwater Improvements Project Page 5 of 129 The CITY requires its CONTRACTORs 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 CONTRACTORs and their subcontractors/subconsultants at every tier. Public Viewing Copy: The CITY is a governmental entity subject to the Colorado Open Records Act, C.R.S. §§ 24-72-200.1 et seq. (“CORA”). Any proposals submitted hereunder are subject to public disclosure by the CITY pursuant to CORA and CITY ordinances. CONTRACTORs may submit one (1) additional complete proposal clearly marked “FOR PUBLIC VIEWING.” In this version of the proposal, CONTRACTORs may redact text and/or data that it deems confidential or proprietary pursuant to CORA. All pricing will be considered public records subject to disclosure under CORA and as such pricing cannot be redacted from the “FOR PUBLIC VIEWING” version of the proposal. Failure to provide a public viewing copy will be considered a waiver of any claim of confidentiality under CORA without regard to how the applicant’s proposal or certain pages of the proposal are marked confidential, proprietary, or similar. Such statement does not necessarily exempt such documentation from public disclosure if required by CORA, by order of a court of appropriate jurisdiction, or other applicable law. Generally, under CORA, trade secrets, confidential commercial information and financial data information may not be disclosed by the CITY. Proposals may not be marked “Confidential” or ‘Proprietary’ in their entirety. By responding to this RFP, CONTRACTOR hereby waives any and all claims for damages against the CITY for the CITY’s good faith compliance with CORA. All provisions and pricing of any contract resulting from this request for proposal will be public information. Contractor Registration: The CITY requires new CONTRACTORs receiving awards from the CITY to submit IRS form W-9 and requires all CONTRACTORs to accept Direct Deposit (Electronic) payment. If needed, the W-9 form and the Vendor Direct Deposit Authorization Form can be found on the CITY’s Purchasing website at www.fcgov.com/purchasing under Vendor Reference Documents. Please do not submit these documents with your proposal, however, if you take exception to participating in Direct Deposit (Electronic) payments please clearly note such in your proposal as an exception. The CITY may waive the requirement to participate in Direct Deposit (Electronic) payments at its sole discretion. Sales Prohibited/Conflict of Interest: No officer, employee, or member of City Council, shall have a financial interest in the sale to the CITY of any real or personal property, equipment, material, supplies or services where such officer or employee exercises directly or indirectly any decision-making authority concerning such sale or any supervisory authority over the services to be rendered. This rule also applies to subcontracts with the CITY. Soliciting or accepting any gift, gratuity favor, entertainment, kickback or any items of monetary value from any person who has or is seeking to do business with the City of Fort Collins is prohibited. Collusive or Sham Proposals: Any proposal deemed to be collusive or a sham proposal will be rejected and reported to authorities as such. Your authorized signature of this proposal assures that such proposal is genuine and is not a collusive or sham proposal. The City of Fort Collins reserves the right to reject any and all proposals and to waive any irregularities or informalities. The selected CONTRACTOR shall be required to sign the CITY’s Agreement prior to commencing services (see sample attached to this document). Sincerely, Gerry Paul Purchasing Director 9839 Oak Street Stormwater Improvements Project Page 6 of 129 I. OBJECTIVE & PROJECT BACKGROUND A. Objective The City of Fort Collins (CITY or OWNER) is requesting proposals from Contractors (CONTRACTORS) to provide general contractor services for the construction of the Oak Street Stormwater Improvements Project in Fort Collins, CO. CONTRACTOR shall mean general contractor and their subcontractors. B. Project Background Flood hazards in downtown Fort Collins are generally caused by the inability of the existing streets and storm sewers to adequately convey storm runoff from moderate to large storm events. The Oak Street Stormwater Improvements Project (OSSP) is one of several stormwater projects that have been identified as part of the overall Downtown Stormwater Improvement Program (DSIP) and will contribute to resolving urban flooding issues in downtown Fort Collins. The DSIP was developed in 2018-2019 as a basin-wide evaluation of existing stormwater improvements and is the development of a comprehensive strategy to mitigate flood risk and damages in the Old Town Basin with the implementation of additional stormwater improvements. The Basin-Wide Evaluation of Improvements, Old Town Basin, Final Report (Anderson Consulting Engineers, Inc. and BHA Design, Inc., September 2019) is the culmination of the DSIP planning and is an update to the improvements identified in the Old Town Master Drainage Plan, Selected Plan of Improvements (2003). The DSIP identifies 5 major stormwater system projects: Oak Street (OSSP), Maple Street, Laporte Avenue, Magnolia and Willow/Linden. These projects have been planned to a conceptual level, identifying alignments, pipe sizing, and some construction constraints. The DSIP exhibit uploaded to BidNet shows conceptual alignments for all major projects that comprise the DSIP. For more details on the project background, the Basin-Wide Evaluation report has also been uploaded separately on BidNet as part of this RFP. The OSSP is an extension of the Oak Street Outfall that was previously constructed in 2001. The OSSP plans have been advanced to a final construction document level and are included in this RFP document. In general, the OSSP project will extend west on Oak Street, starting at Mason Street and ending at Jackson Street (approximately 6,500 linear feet on Oak Street). There will be a total of over 9,900 linear feet of new stormwater mains installed, ranging in size from 18” to 78” diameter, which includes several “lateral” extensions from the main on Oak Street, north to Mountain Avenue or south to Olive Street. The final construction drawings for this project are provided in two separate plan sets - Phase 1: Construction Drawings for the Oak Street Stormwater Improvements Project, Fort Collins, CO, June 30, 2023, and Phase 2: Construction Drawings for the Oak Street Stormwater Improvements Project, Fort Collins, CO, June 30, 2023. Generally, phase 1 is on Oak Street, from Mason to Washington (Sta. 0+00 to Sta. 33+00) and the Meldrum Street lateral, from Oak to Mountain Avenue; phase 2 is along Oak Street, from Washington to Jackson (Sta. 33+00 to Sta. 57+67) and the Washington, Mack and Jackson laterals from Oak to Mountain Avenue. Other documents provided as part of this RFP include: 1. Technical Specifications, dated July 27, 2023. 2. Erosion Control Report / Stormwater Management Plan, dated June 30, 2023 3. Geotechnical Investigation Report, dated July 8, 2021 and revised July 25, 2023. 4. Geotechnical Investigation Report Addendum, dated July 18, 2022. 5. Dewatering Pumping Test Result Memo, dated June 9, 2023. 6. Geotechnical Baseline Report (GBR), dated July 18, 2023. 9839 Oak Street Stormwater Improvements Project Page 7 of 129 7. Groundwater Sampling Results for Construction Dewatering Evaluation, dated April 26, 2023. 8. Subsurface Utility Engineering (SUE) Report, dated June 22, 2023. II. SCOPE OF PROPOSAL A. Scope of Work The following is a list of the services to be performed by the CONTRACTOR for this project that are detailed in the attached documents: 1. Large diameter stormwater system installation including a variation of pipe sizes and materials, junction structures, inlets and laterals; to be installed using open-cut methodology, at significant depth in some areas, requiring specialized knowledge and experience installing infrastructure of this type. 2. Tunneling - there are three tunnels identified along the alignment: a. 487 L.F. in the downtown business district from Mason to Howes b. 285 L.F. crossing the Arthur Ditch at Whitcomb Street c. 70 L.F. crossing at Shields Street 3. Obtain necessary permits for construction: a. Right-of-way/Excavation Permit(s) through the CITY b. Traffic Control Permit(s) through the CITY c. Encroachment Permit with the BNSF Railway d. Stormwater Discharge Permit through Colorado Department of Public Health & Environment (CDPHE) e. Construction Dewatering or Remediation Permit through CDPHE 4. Other utility work including relocation of sanitary sewer mains and relocation of water system appurtenances and services. 5. The size and scope of this project will impact other utilities that will need to be moved or protected in place during construction. Some areas may require temporary shut-downs or removal and replacement of existing utilities to accommodate open cut installation of the storm sewer. 6. Earthwork, paving, and concrete flatwork. Street improvements range from mill and overlay asphalt to regrading and full depth reconstruction of the roadway. 7. Streetscape, landscape and stormwater quality (or “LID) systems incorporated into street improvements. Trolley track crossing and restoration will also be required. 8. A significant portion of the construction of this project is located within the floodplain and/or floodway. An Emergency Response Plan will be required to be prepared by the CONTRACTOR and they will need to work in conjunction with the consultant design team to ensure it meets the requirements of the Floodplain Use permit that will be prepared and submitted by the consultant design team. 9. Groundwater management including construction dewatering. 10. Stormwater management and erosion control. 11. Site supervision and management (full time). 12. Site safety, protection, and security. 13. Traffic Control including traffic control plan preparation and permitting. CONTRACTOR will need to work with the CITY to determine the maximum allowed closure areas, access points, and ongoing traffic control needs as necessary. 14. Layout and development of site access plans, specific to urban areas, will be required. It should be anticipated that no more than three (3) blocks of roadway can be fully closed at any one time and that intersection areas may need to accommodate emergency vehicle access. CONTRACTOR will also need to work with the CITY to determine accommodations for adjacent business owners and their parking lots, and within residential areas that may include intermittent vehicle access to their homes. 9839 Oak Street Stormwater Improvements Project Page 8 of 129 15. Interaction and coordination with involved agencies, key stakeholders and the local community (business and residential). The project is located in the downtown Fort Collins area where the existing right-of-way is constrained with other utilities, trees and parking. Ongoing coordination and accommodation of other users of the right-of-way, including business owners, emergency services, trash haulers, bus transit, residents, pedestrians and traffic will be required. B. Provided by the CITY 1. Lane Rental Fees for lane closures during construction on Arterial and/or Collector roadways 2. Up to twenty (20) parking spaces for CONTRACTORs personal vehicles and/or work trucks. 3. The CITY is working to secure office space for the project, near the project site, that will include several individual desk spaces and a conference room. This will be determined closer to the start of construction. CONTRACTOR are asked to include, as an alternate, a temporary office trailer in its bid in the event that office space is not available. 4. Materials testing to include soil compaction testing, trench backfill, pipe and/or structural bedding, asphalt and concrete testing, or others, as required per the technical specifications for the project. 5. Permanent Pavement Markings and Permanent Signage C. Deliverables/Milestones 1. Construction of the Arthur Ditch Co. crossing will be required to occur outside of the Arthur Ditch Co. operating and irrigation season. Construction is anticipated to be allowed to begin no earlier than October 15th and be substantially complete no later than March 1st. 2. All construction activities crossing or impacting the trolley tracks on Mountain Avenue will be required to occur outside of the trolley operating season, which is from Memorial Day weekend to Labor Day weekend. 3. The overall duration for the project is anticipated to be approximately thirty (30) months. Submitted proposals will be required to include a schedule for the project that recognizes the schedule limitations listed above and includes information about number of crews working and total area under construction at any one time, as the project sequences from east to west. The suggested schedule will be considered and scored per the Evaluation Criteria, Section IV. D. Minimum Qualifications The CONTRACTOR is expected to bring extensive experience and expertise in utility infrastructure construction with a history of delivering projects on schedule and within budget. Specific qualifications for this project include large diameter pipeline work in urban or congested areas, tunneling methods and/or trenchless technologies, and street restoration and improvement work. The CONTRACTOR shall provide recent project examples and show years of experience in large diameter utility construction, deep excavation work, tunneling and all associated design and construction expertise related to tunneling, dewatering, permitting, and working in the public right- of-way. E. Project Funding Award of the contract is subject to City Council approval and appropriation of the funds. An ordinance will be brought to City Council for their consideration for issuing debt and appropriating funds for the project. This process will begin in October 2023, and is expected to be finalized in late November 2023. Once funds are appropriated, the construction contract will be finalized with the chosen CONTRACTOR. 9839 Oak Street Stormwater Improvements Project Page 9 of 129 F. Anticipated Schedule for Contractor Selection and Project The following represents the CITY’s target schedule for the RFP and project. The CITY reserves the right to amend the target schedule at any time. Milestone Date RFP Issuance August 18, 2023 Pre-Proposal Meeting August 29, 2023 Initial Questions Deadline September 1, 2023 First Addendum Issued September 8, 2023 Additional Questions Deadline September 15, 2023 Final Addendum Issued September 22, 2023 Proposals Due October 11, 2023 Interviews (tentative) Week of November 6, 2023 Notice of Award Week of November 13, 2023 Council Appropriation of Funds (estimated date) December 5, 2023 Construction Contract Finalization December 2023 Contractor Kick-Off Meeting (tentative) Week of January 1, 2024 Pre-Construction Tasks January 2024 -June 2024 Construction Start (tentative) July 1, 2024 G. Financial Qualifications (May be kept Confidential) CONTRACTORs selected as finalists may be required to submit a banking reference and the most recent financial statement (audited preferred) including balance sheet and income statement, as well as a statement of cash flows (the “Financial Information”). H. Interviews In addition to submitting a written proposal, the top-rated CONTRACTORs may be interviewed by the RFP assessment team and asked to participate in an oral presentation. The evaluation criteria for the oral interviews will be the same as the criteria for the written evaluations and is included in Section IV. I. 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. All Work shall be performed in accordance with applicable ANSI, OSHA, or AWWA standards. The City’s Development Construction Standards for Water, Wastewater and Stormwater, and Larimer County Urban Area Street Standards shall be followed for all projects. The standards can be accessed via the following links: https://www.fcgov.com/utilities/business/builders-and-developers/development-forms- guidelines-regulations https://www.larimer.gov/engineering/standards-and-guides/urban-area-street-standards 9839 Oak Street Stormwater Improvements Project Page 10 of 129 J. Fees, Licenses, Permits The successful CONTRACTOR shall be responsible for obtaining any necessary licenses, fees or permits without additional expense to the CITY. All equipment shall be properly licensed and insured, carry the appropriate permits and be placarded as required by law. The CONTRACTOR and all subcontractors will be required to have a City of Fort Collins Right of Way (ROW) License, prior to the start of construction and throughout the project duration. The CONTRACTOR will be responsible for obtaining project permits, including but not limited to the following: • Traffic Control Permit(s) from City of Fort Collins Traffic • Railroad Encroachment Permit from BNSF Railroad • Excavation/ROW Permit(s) from City of Fort Collins Engineering • Construction Dewatering and/or Remediation Permit(s) from CDPHE • Stormwater Discharge Permit(s) from CDPHE The CITY will acquire the following for this project, prior to construction: • Floodplain Use Permit and No-Rise Certification from City of Fort Collins Floodplain Administration • Arthur Ditch Co. Crossing Permit • Temporary Construction Easements (as needed) K. Laws and Regulations In performing the Services required hereunder, CONTRACTOR agrees to comply fully with all applicable OSHA requirements, local, State of Colorado and Federal laws and regulations and municipal ordinances to include the Americans with Disabilities Act of 1990 and all applicable rules and regulations, and Colorado Disabilities Act (ADA), which are imposed directly on the CONTRACTOR, or which would be imposed on the CITY as a public entity. The CONTRACTOR agrees to be responsible for knowing all applicable requirements of the ADA and to defend, indemnify and hold harmless the CITY, its officials, agents and employees from and against any and all claims, actions, suits or proceedings of any kind brought against said parties as a result of any acts or omissions of the CONTRACTOR or its agents in violation of the ADA. L. Subcontractors/Subconsultants CONTRACTOR will be responsible for identifying any subcontractor(s) in their proposal per Section 00430. Please note that the CITY will contract solely with the awarded CONTRACTOR; therefore, subcontractors and/or subconsultants will be the responsibility of the CONTRACTOR. Tunneling CONTRACTOR (if self-performing) or subcontractor must be identified and discussed in detail in the proposal. All other subs, if performing greater than ten percent (10%) of the overall work should also be specifically identified and discussed in detail in response to the RFP. M. Safety CONTRACTOR shall complete the Contractor Safety Form, Section 00440. The CITY reserves the right to deem a CONTRACTOR non-responsible and ineligible to be considered for the project in the event such CONTRACTOR’s safety record does not meet the CITY’s safety standards, in the CITY’s sole discretion. The CONTRACTOR’s safety record will be evaluated by the evaluation team as an element of determining whether the CONTRACTOR is responsible. CONTRACTORs whose safety record is judged to be unacceptable (above 1.0 for Experience Modification Rating (EMR) and 5.0 for Total Recordable Incident Rate (TRIR) may be deemed ineligible to be considered for contract award at the CITY’s sole discretion. 9839 Oak Street Stormwater Improvements Project Page 11 of 129 N. Rates During the project, the pricing is to be held firm, no increases in the Rates will be allowed. No greater than seven and one-half percent (7.5%) markup is allowed on rental items, materials, or subconsultants/subcontractors. Overhead, profit, insurance, general & administrative expenses, shall be included in the unit prices. III. PROPOSAL SUBMITTAL Please limit the total length of your proposal to a maximum of forty (40) 8 ½ x 11” pages (excluding cover pages, table of contents, dividers, resumes, Schedule of Values and Bid Submittal). Font shall be a minimum of 10 pt Arial and margins are limited to no less than .5” for sides and top/bottom. Extended page sizes, such as 11” x 17”, count as a single page and may be used for detailed pricing or the schedule outlining the work. Links to other files or websites shall not be permitted. Proposals that do not conform to these requirements may be rejected. Responses must include all the items listed below, preferably in the order listed. It is suggested that the CONTRACTORs include each of the CITY’s questions with their response. The responses shall be considered technical offers of what CONTRACTORs propose to provide and shall be incorporated in the contract award as deemed appropriate by the CITY. A proposal that does not include all the information required may be deemed non-responsive and subject to rejection. The CITY shall not reimburse any firm for costs incurred in the preparation and presentation of their proposal. A. Cover Letter / Executive Summary The Executive Summary should highlight the content of the proposal and features of the approach offered, including a general description of the approach and any unique aspects or benefits provided by your firm. Indicate your availability to participate in the interviews/demonstrations on the proposed dates as stated in the Schedule section. B. Contractor Information 1. Describe the CONTRACTOR’s business and background 2. Number of years in the business 3. Details about ownership 4. Size of the firm 5. Location(s) of offices. If multiple, please identify which will be the primary for our account. 6. Provide a list of the contracts on hand. Show the amount of each contract and the anticipated dates of completion. 7. Have you or a firm for which you were a principal ever failed to complete any Work awarded to you? If so, where and why? 8. Has the firm ever defaulted on a contract? If yes, please explain. 9. Is the firm debarred by any government agency? If yes, list agency name. 10. What amount of credit does the firm have available? 11. Please provide a bank reference. 12. Are any lawsuits pending against you, the firm or any of its principals at this time? If yes, provide detail. 9839 Oak Street Stormwater Improvements Project Page 12 of 129 C. Cost In your response to this proposal, please provide the following: 1. Complete the Bid Form Section 00300, providing unit costs for each line and a total cost for the project. 2. Schedule of Rates: For CONTRACTOR and subcontractors, provide a schedule of labor and equipment rates by category of employee and piece of equipment, including rental of equipment. The rate schedules will be firm for the duration of the Contract/Agreement. The fee schedule will be used as a basis for determining costs should additional services, not included in the Scope of Work or Contract Documents, be necessary. Fee schedules for subconsultants/subcontractors, if used, shall be included. 3. The preference is that there are no markups, but if markups are necessary, no greater than 7.5% markup will be allowed on direct costs, rental items, materials or subcontractors. D. Firm Capability & Experience Provide relevant information regarding previous experience related to this or similar projects. Details for the examples listed below (projects, tunneling and dewatering) should highlight project complexities, risks, innovations and unique qualifications of the Contractor. (The CONTRACTOR authorizes the CITY to verify any and all information contained herein and hereby releases all those concerned providing information as a reference from any liability in connection with any information provided.) Reponses shall include the following: 1. An overview of the services offered and a list of qualifications for your firm and qualifications and experience of the specific staff members, including subcontractors, proposed to perform the Scope of Work. 2. An Organization Chart/Proposed Project Team: An organization chart containing the names of all key personnel and subconsultants/subcontractors with titles and their specific task assignment for this Agreement shall be provided in this section. Provide a paragraph for each person discussing their similar experience. Provide a paragraph for each person that discusses their ability to commit to a long-term project and experience on other similar projects. 3. Describe how the project would be managed and who would have primary responsibility for its timely and professional completion. 4. Project Examples: Provide at least four (4) example projects completed in the last ten (10) years by the CONTRACTOR that demonstrate successful completion of work similar to this Scope of Work. Only one example project may reference a City of Fort Collins project. Include a detailed projection description, start and completion dates, initial and final construction costs, a brief description of any change orders, owner agency name, contact name, email, and phone number, and the contracting mechanism for each example project. Include CONTRACTOR primary employees and subcontractors on the team. The examples should highlight the CONTRACTOR’s experience with: a. Deep open-cut excavation in groundwater and in congested or urban areas, for large diameter (> 60”) storm sewer construction b. Water and sanitary sewer main construction c. Roadway construction including concrete flatwork and asphalt paving. 9839 Oak Street Stormwater Improvements Project Page 13 of 129 5. Tunneling Examples: Provide at least four (4) example projects completed in the last ten (10) years by a tunneling CONTRACTOR or subcontractor that demonstrates successful completion of work similar to the Scope of Work for the Oak Street Improvements Project. a. Large diameter (>60”) tunneling installations. The listed tunneling superintendent and operators shall have a minimum of ten (10) years of experience in tunneling using the accepted methods outlined for this project. b. A tunnel surveyor that is licensed in the State of Colorado and has a minimum of five (5) years of experience in underground surveying. c. Design of engineered structures shall be signed and sealed by a Registered Professional Engineer in the State of Colorado with a minimum of five (5) years of experience in structural design of tunnels and/or shafts, as appropriate. d. The Contractor (or subcontractor) who performs the work shall have performed shaft construction using similar methods of those proposed for this project. The CONTRACTOR shall have successfully completed at least three (3) jobs within the last five (5) years. e. The CONTRACTOR (or subcontractor) who performs contact grouting shall be experienced in contact grouting in tunnels and underground projects with soil conditions, using methods, materials and equipment comparable to this project. This CONTRACTOR (or subcontractor) shall have successfully completed at least three (3) contact grouting jobs within the last five (5) years. 6. Dewatering Examples: The CONTRACTOR (or subcontractor) who performs dewatering operations (for open cut excavation and tunneling operations) shall have a minimum of ten (10) years’ experience in dewatering excavations in similar ground conditions and depths similar to this Scope of Work. Designer of the dewatering, drainage and treatment systems as specified herein shall be a registered Professional Engineer in the State of Colorado and shall sign and seal the Water Control Plan. Include a detailed projection description, start and completion dates, initial and final construction costs, a brief description of any change orders, owner agency name, contact name, email, and phone number, and the contracting mechanism for each example project. Include CONTRACTOR primary employees and subcontractors on the team. 7. Does the firm hold a Right of Way License with the City of Fort Collins? If not, is the firm willing to apply for one at the time of contracting? 8. Identify what portion of work, if any, may be subcontracted. Subcontractors performing greater than 10% of the work shall submit the following: a. Describe the subcontractor’s business and background b. Number of years in the business c. Size of the firm d. Location(s) of offices. e. Have you or a firm for which you were a principal ever failed to complete any Work awarded to you? If so, where and why? f. Has the firm ever defaulted on a contract? If yes, please explain. g. Is the firm debarred by any government agency? If yes, list agency name. h. An overview of the services offered and a list of qualifications for your firm and qualifications and experience of the specific staff members, including subcontractors, proposed to perform the Scope of Work. 9. Provide any information that distinguishes the CONTRACTOR from its competition and any additional information applicable to this RFP that might be valuable in assessing the CONTRACTOR’s proposal. 9839 Oak Street Stormwater Improvements Project Page 14 of 129 E. Project Approach & Schedule 1. Approach a. Provide a detailed narrative of the approach to execute the scope of work including the methods and assumptions used, and any exceptions and/or risks. The narrative should include any options, techniques, equipment, etc. that may be beneficial for the CITY to consider. b. Provide details about preconstruction tasks including early material procurements, permitting and subcontractors. c. Provide details about tunneling approach and management. d. Describe the planned dewatering process. e. Describe the approach to erosion control. f. Describe how permits will be monitored and maintained. g. Provide a narrative identifying the CONTRACTOR’s approach to project risk, impacts, and schedule. h. Provide details about coordination with other users of the right-of-way. Include experiences and lessons learned. 2. Schedule: a. Provide a detailed schedule for completing all tasks. Include critical milestones. b. Describe how the team will drive the construction schedule, while managing critical paths and reaching milestones. c. Based on your proposed schedule, include the number of crews working at any one time during the project. 3. Identify what portion of work, if any, may be subcontracted. Subcontractors performing greater than 10% of the work shall identified in the approach and schedule. If specific detail for these subcontractors is not included above in E. Project Approach & Schedule, #1 or #2, please address it here. 4. Describe the methods and timeline of communication your firm will use with the CITY’s Project Manager and other parties. 5. Include a description of any software and other analysis tools to be used. F. Sustainability/TBL Methodology In concise terms (no more than two pages), please describe your organization’s commitment to sustainability and supporting values. Each element of the Triple Bottom Line (TBL) sustainability criteria will receive equal consideration in determining the final Sustainability/TBL score. 1. Address how your firm strives to incorporate all three aspects (social, environmental, and economic) of TBL sustainable practices into the workplace. Provide examples along with any metrics used to measure success within your firm. 2. Also provide examples of how your firm has incorporated all three aspects of TBL sustainable practices in previous similar projects on which your firm has been the CONTRACTOR. Some examples are provided below: a. Environmental – Experience delivering projects / programs focused on environmental health priorities in the areas of climate resiliency, water quality and watershed protection, regulatory performance, management systems, air quality, renewable energy, sustainable building and design, construction materials management, and solid waste reduction. b. Economic – Experience working and delivering projects with an emphasis on strategic financial planning, job creation, business development, asset management, various project delivery methods, value engineering, regional partnerships, 9839 Oak Street Stormwater Improvements Project Page 15 of 129 transparency, stakeholder engagement, strategic investments, aging infrastructure, repurposing of existing facilities, and competing financial priorities. c. Social - Experience working and delivering projects, programs, and/or initiatives that support Equity, Diversity, and Inclusion throughout your firm’s workplace, including leadership, and supply chain. Examples of this may be demonstration of working within cultural and language gaps, development of diversity programs, diverse project teams, equitable opportunity vendor supply chain, and how your firm has applied an equity lens to processes such as recruitment, hiring, purchasing, career pathways, salaries, and staff engagement. G. Sample Agreement Included with this request for proposals is a sample Agreement, Section 00520, that the CITY intends to use for contracting for the project. The CONTRACTOR is required to review this Agreement and indicate any objections to the terms of the contract. If revisions to the contractual terms are requested, provide suggested revisions. The CITY reserves the right to adjust the terms of the final Agreement, based on CONTRACTOR requests and additional information that may arise during discussions with the awarded CONTRACTOR. IV. REVIEW AND ASSESSMENT CRITERIA A. Proposal Criteria CONTRACTORs will be evaluated on the following criteria. This set of criteria will be the basis for review and assessment of the written proposals. The rating scale for criteria numbers 2 through 4 shall be from 1 to 10. A rating of 1 doesn’t meet minimum requirements, a rating of 5 means the criteria fulfills the minimum requirements, and 10 exceeds minimum requirements for that criteria. The rating scale for criteria number 1 shall be based on the bid price and its position within the proportional range of the bids received on a scale of 1 to 10. The basis of award shall be the highest rated responsive and responsible CONTRACTOR based on the criteria and weighting factors stated in Table 1. TABLE 1 – EVALUATION CRITERIA AND WEIGHTING FACTORS At the CITY’s sole discretion, the highest rated CONTRACTOR(s) may be interviewed or requested to respond to follow-up written questions or requests additional information and/or clarification regarding information provided in the proposal(s). CONTRACTOR(s) selected for interview and/or written questions must be accorded fair and equal treatment with respect to any opportunity for discussion and revisions on proposals. CRITERIA NUMBER CRITERIA WEIGHTING FACTOR 1 COST 60% 2 FIRM CAPABILITY & EXPERIENCE 15% 3 PROJECT APPROACH & SCHEDULE 15% 4 SUSTAINABILITY/TBL METHODOLOGY 10% 9839 Oak Street Stormwater Improvements Project Page 16 of 129 SECTION 00100 GENERAL INFORMATION 1.0 DEFINED TERMS Terms used in these Instructions to CONTRACTORs which are defined in the Standard General Conditions of the Construction Contract (No. 1910-8, 1990 ed.) have the meanings assigned to them in the General Conditions. Additionally, when the documents make reference to Bidder, this will be interpreted as referring to CONTRACTOR. A Bid shall also mean “Proposal” and Bidding Documents may be interpreted as Request for Proposal (RFP) Documents. The term “Bidder” means one who submits a Bid to OWNER, as distinct from a sub-bidder (or subcontractor or subconsultant), who submits a Bid to Bidder. The terms "Successful Bidder" means the highest rated responsible and responsive Bidder to whom OWNER (on basis of OWNER's evaluation as hereinafter provided) makes an award. 2.0 COPIES OF BIDDING DOCUMENTS 2.1. Complete sets of Bidding Documents may be obtained as stated in the Request for Proposal. No partial sets will be issued. 2.2. Complete sets of Bidding Documents shall be used in preparing Bids; neither OWNER nor ENGINEER (as that term is defined in Section 00520) assumes any responsibility for errors or misinterpretations resulting from the use of incomplete sets of Bidding Documents. 2.3. The submitted Bid proposal shall include Sections 00300 and 00400, fully executed. 2.4. OWNER and ENGINEER, in making copies of Bidding Documents available on the above terms, do so only for the purpose of obtaining Bids on the Work and do not confer a license or grant for any other use. 3.0 QUALIFICATION OF CONTRACTORS 3.1. In accordance with Section 8-160 of the Code of the City of Fort Collins in determining whether a bidder is responsible, the following shall be considered: (1) The ability, capacity and skill of the bidder to perform the contract or provide the services required, (2) whether the bidder can perform the contract or provide the service promptly and within the time specified without delay or interference, (3) the character, integrity, reputation, judgment, experience and efficiency of the bidder, (4) the quality of the bidder's performance of previous contracts or services, (5) the previous and existing compliance by the bidder with laws and ordinances relating to the contract or service, (6) the sufficiency of the financial resources and ability of the bidder to perform the contract or provide the service, (7) the quality, availability and adaptability of the materials and services to the particular use required, (8) the ability of the bidder to provide future maintenance and service for the use of the subject of the contract, and (9) any other circumstances which will affect the bidder's performance of the contract. 3.2. Each Bidder may be required to show that that no claims are pending against previous Work. No Bid will be accepted from a Bidder who is engaged on any other Work which would impair their ability to perform or finance this Work. 3.3 No Bidder shall be in default on the performance of any other contract with the CITY or in the payment of any taxes, licenses or other monies due to the CITY. 3.4 The CITY reserves the right to deem a CONTRACTOR non-responsive and ineligible to be considered for the project in the event such CONTRACTOR’s safety record does not meet the CITY’s safety standards, in the CITY’s sole discretion. 9839 Oak Street Stormwater Improvements Project Page 17 of 129 4.0 EXAMINATION OF CONTRACT DOCUMENTS AND SITE 4.1. It is the responsibility of each Bidder, before submitting a Bid, to (a) examine the Contract Documents thoroughly, (b) visit the site to familiarize itself with local conditions that may in any manner affect cost, progress or performance of the Work, (c) familiarize itself with federal, state and local laws, ordinances, rules and regulations that may in any manner affect cost, progress or performance of the Work, (d) study and carefully correlate Bidder's observations with the Contract Documents, and (e) notify ENGINEER of all conflicts, errors or discrepancies in the Contract Documents. 4.2. The submission of a Bid will constitute an incontrovertible representation by Bidder that Bidder has complied with every requirement of this Article 4, that without exception the Bid is premised upon performing and furnishing the Work required by the Contract Documents and such means, methods, techniques, sequences or procedures of construction as may be indicated in or required by the Contract Documents, and that the Contract Documents are sufficient in scope and detail to indicate and convey understanding of all terms and conditions for performance and furnishing of the Work. 5.0 INTERPRETATIONS AND ADDENDA. 5.1. All questions about the meaning or intent of the Bidding Documents are to be submitted in writing to the OWNER. Binding interpretation or clarifications considered necessary in response to such questions will be issued only by formal written Addenda. Oral and other interpretations or clarifications will be without legal effect. 5.2. All questions concerning the scope of this project and submittal of bids should be directed to the City of Fort Collins' Purchasing Division. 5.3. Addenda may also be issued to modify the Bidding Documents as deemed advisable by OWNER or ENGINEER. 5.4. Responses to all questions submitted before the deadline will be addressed in an addendum and posted on the Rocky Mountain E-Purchasing System webpage. 6.0 BID BOND 6.1. Each Bid must be accompanied by Bid Security in an amount no less than ten (10) percent of the Bid. The Bid Bond must be executed by a SURETY meeting the requirements of the General Conditions for surety bonds. If a SURETY does not issue electronic Bid Bonds, a scanned copy of the Bid Bond must be submitted electronically through Rocky Mountain E- Purchasing System at the time of bidding, and the hard copy Bid Bond must be mailed to the Purchasing Department at PO Box 580, Fort Collins CO 80522 and received by OWNER prior to contract execution. 6.2. The Bid Security of the successful Bidder will be retained until such Bidder has executed the Agreement and furnished the security required by the Agreement, whereupon Bid Security will be returned. If the successful Bidder fails to execute and deliver the Agreement and furnish the required contract security within 15 days of the Notice of Award, OWNER may annul the Notice of Award and the Bid Security of that Bidder will be forfeited. The Bid Security of other Bidders whom OWNER believes to have reasonable chance receiving the award may be retained by OWNER until the earlier of the seventh day after the effective date of the Agreement or ninety (90) days after the Bids are received, whereupon Bid Security furnished by such Bidders will be returned. Bid Security with Bids which are not competitive will be returned. 9839 Oak Street Stormwater Improvements Project Page 18 of 129 7.0 CONTRACT TIME The number of calendar days within which, or the date by which the Work is to reach Substantial Completion and also completed and ready for Final Payment (the Contract Times) are set forth in the Agreement. 8.0 LIQUIDATED DAMAGES Provisions for liquidated damages are set forth in Section 00520. 9.0 SUBSTITUTE ("OR EQUAL") MATERIAL AND EQUIPMENT The Contract, if awarded, will be on the basis of material and equipment described on the Drawings or specified in the Specifications without consideration of possible substitute or "or equal" items. Whenever it is indicated on the Drawings or specified in the Specifications that a substitute or "or equal" item of material or equipment may be furnished or used by CONTRACTOR if acceptable to ENGINEER, application for such acceptance will not be considered by ENGINEER until after the "effective date of the Agreement". The procedure for submittal of any such application by CONTRACTOR and consideration by ENGINEER is set forth in the General Conditions and may be further defined in the Supplementary Conditions. 10.0 SUBCONTRACTORS, SUPPLIERS AND OTHERS 10.1. Each Bidder shall submit to OWNER a list of principal subcontractors proposed for use in the Work. Refer to Section 00430 contained within the Contract Documents. The Bidder may only utilize the subcontractors stated in Section 00430 except in the event that the OWNER requires a change in accordance with Section 10.2 below. Should the Bidder request a change to the subcontractor list, OWNER approval shall be required. Proposed subcontractor/supplier qualifications and references may be requested to be submitted within three (3) business days after receipt of proposals. Subcontractor/supplier responsibility will be determined in accordance with Section 8-160 of the Code of the City of Fort Collins. 10.2. If OWNER or ENGINEER after due investigation has reasonable objection to any proposed Subcontractor, either may, before the Notice of Award is given, request the apparent successful Bidder to submit an acceptable substitute without an increase in Bid price. If the apparent successful Bidder declines to make any substitution, OWNER may award the contract to the next highest rated responsive and responsible Bidder that proposes to use acceptable subcontractors. Subcontractors, suppliers, other persons or organization listed and to whom OWNER or ENGINEER does not make written objection prior to the giving of the Notice of Award will be deemed acceptable to OWNER and ENGINEER subject to revocation of such acceptance after the effective date of the Agreement as provided in the General Conditions. 11.0 BID FORM 11.1. A copy of the Bid Form will be posted at http://www.bidnetdirect.com/colorado/city-of-fort- collins. 11.2. Bid Forms must be complete in ink or typed. All lump sum prices on the form must be stated in words and numerals; in case of conflict, words will take precedence. Unit prices shall govern over extensions of sums. Discrepancies between the indicated sum of any column of figures and the correct sum thereof will be resolved in favor of the correct sum. In the event that there are unit price items in a bid schedule and the "extended amount" indicated for a unit price of a bid item does not equal the product of the unit price and quantity listed, the unit price shall govern, and the extended amount will be corrected accordingly. If there is more than one bid item in a bid schedule, and the total indicated for 9839 Oak Street Stormwater Improvements Project Page 19 of 129 the schedule does not agree with the sum of prices of the individual bid items, the prices bid on the individual items shall govern and the total for the schedule will be corrected accordingly. The CONTRACTOR will be bound by said corrections. 11.3. Bids by corporations must be executed in the corporate name by the president or a vice- president (or other appropriate officer accompanied by evidence of authority to sign) and the corporate seal shall be affixed and attested by the secretary or an assistant secretary. The corporate address and state of incorporation shall be shown below the corporate name. 11.4. Bids by partnerships must be executed in the partnership name and signed by a partner, the title must appear under signature and the official address of the partnership must be shown below the signature. 11.5. Bids by joint venture shall be signed by each participant in the joint venture or by an authorized agent of each participant. The full name of each person or company interested in the Bid shall be listed on the Bid Form. 11.6. The Bid shall contain an acknowledgement of receipt of all Addenda (the numbers of which must be filled in on the Bid Form). 11.7. No alterations in Bids, or in the printed forms therefore, by erasures, interpolations, or otherwise will be acceptable unless each such alteration is signed or initialed by the Bidder; if initialed, OWNER may require the Bidder to identify any alteration so initialed. 12.0 BID PRICING Bids must be priced as set forth in the Bid Schedule or Schedules. 13.0 SUBMISSION OF BIDS 13.1. Bids shall be submitted prior to the time and date stated in the Bid Documents or any extension thereof made by addendum, electronically using Rocky Mountain E-Purchasing System at the time and place indicated in the Request for Proposal and accompanied by the documents identified as required. Bids received after the time and date for receipt of Bids will not be accepted. Bidder shall assume full responsibility for timely submittal via Rocky Mountain E-Purchasing System. 13.2. Oral, telephonic, telegraphic, physically mailed or delivered or facsimile Bids are invalid and will not receive consideration. 13.3. No Bidder may submit more than one Bid. Multiple Bids under different names will not be accepted from one firm or association. 14.0 MODIFICATION AND WITHDRAWAL OF BIDS 14.1. Bids may be modified or withdrawn at any time prior to the closing date and time of the solicitation on Rocky Mountain E-Purchasing System. 14.2. Withdrawn Bids may be resubmitted up to the time designated for the receipt of Bids provided that they are then fully in conformance with these Instructions to CONTRACTORs. 15.0 BIDS TO REMAIN OPEN SUBJECT TO ACCEPTANCE All Bids shall remain open for ninety (90) days after Bids are received, but OWNER may, in his sole discretion, release any Bid prior to that date. 16.0 AWARD OF CONTRACT 16.1. OWNER reserves the right to reject any and all Bids, to waive any and all informalities not involving price, time or changes in the Work, to negotiate contract terms with the 9839 Oak Street Stormwater Improvements Project Page 20 of 129 Successful Bidder, and the right to disregard all nonconforming, nonresponsive, unbalanced or conditional Bids. Also, OWNER reserves the right to reject the Bid of any Bidder if OWNER believes that it would not be in the best interest of the Project to make an award to that Bidder, whether because the Bid is not responsive, or the Bidder is unqualified or of doubtful financial ability or fails to meet any other pertinent standard or criteria established by OWNER. 16.2. In evaluating Bids, OWNER will consider the qualifications of the Bidders, whether or not the Bids comply with the prescribed requirements, and such alternates, unit prices and other data, as may be requested in the Bid Form or prior to the Notice of Award. 16.3. OWNER may consider the qualification and experience of Subcontractors, Suppliers, and other persons and organizations proposed for those portions of the Work as to which the identity of Subcontractors, Suppliers, and other persons and organizations is submitted as requested by OWNER. OWNER also may consider the operating costs, maintenance requirements, performance data and guarantees of major items of materials and equipment proposed for incorporation in the Work when such data is required to be submitted prior to the Notice of Award. 16.4. OWNER may conduct such investigations as OWNER deems necessary to assist in the evaluation of any Bid and to establish the responsibility, qualifications and financial ability of the Bidder's proposed Subcontractors, Suppliers and other persons and organizations to do the Work in accordance with the Contract Documents to OWNER's satisfaction within the prescribed time. 16.5. If the Contract is to be awarded, it will be awarded to the highest rated responsive and responsible Bidder based on the stated evaluation criteria and weighting factors as determined by the OWNER and as deemed to be in the best interest of the OWNER. The basis for award shall be as noted in Section 00300. Only one contract will be awarded. 16.6. If the Contract is to be awarded, OWNER will give the Successful Bidder a Notice of Award within ninety (90) days after the receipt of Bids, or a mutually agreed upon date. 17.0 PERFORMANCE & PAYMENT BONDS The General Conditions and the Supplementary Conditions set forth OWNER's requirements for CONTRACTOR Performance and Payment Bonds. When the awarded CONTRACTOR delivers the executed Agreement to the OWNER, it shall be accompanied by the required contract bonds. 18.0 SIGNING OF AGREEMENT When OWNER gives a Notice of Award to the awarded CONTRACTOR it will be accompanied by the Agreement with all other written Contract Documents attached. Within fifteen (15) days thereafter, CONTRACTOR shall sign and deliver the AGREEMENT and attached documents to OWNER with the required Bonds. 19.0 TAXES OWNER is exempt from Colorado State Sales and Use Tax as applicable. Said taxes shall not be included in the Contract Price. The CITY’s Certificate of Exemption license number is 09804502. A copy of the license is available upon written request. 20.0 RETAINAGE Provisions concerning retainage are set forth in the Agreement. 9839 Oak Street Stormwater Improvements Project Page 21 of 129 21.0 PURCHASING RESTRICTIONS. Purchasing restrictions: The Bidder's authorized signature of this Bid assures the Bidder's compliance with the City's purchasing restrictions. A copy of the resolutions is available for review in the Purchasing Division or the City Clerk's office. A.Cement Restrictions: City of Fort Collins Resolution 91-121 requires that suppliers and producers of cement or products containing cement to certify that the cement was not made in cement kilns that burn hazardous waste as a fuel. END OF SECTION 9839 Oak Street Stormwater Improvements Project Page 22 of 129 BID SUBMITTAL The Bid Submittal shall consist of response to: A.RFP Proposal Submittal Section, starting on page 11 and includes responses to: 1.Cover Letter/Executive Summary 2.Contractor Information 3.Cost Section 4.Firm Capability & Experience Section 5.Project Approach & Schedule Section 6.Sustainability/TBL Methodology Section 7.Sample Agreement B.Bid Submittal, issued in Word format on BidNet 1.Bid Form, Section 00300 2.Schedule of Subcontractors, Section 00430 3.Contractor Safety Form, Section 00440 C.Electronic Bid Bond, Section 00410 for ten (10) percent of the Base Bid amount, submitted per Section 6.0, page 17 D.Issued separately on BidNet in Excel format. Contractors are to upload the completed Bid Schedule in Excel format. Please limit the total length of your proposal to a maximum of forty (40) 8 ½ x 11” pages excluding cover pages, table of contents, dividers, resumes, Schedule of Values and Bid Submittal. Font shall be a minimum of 10 pt Arial and margins are limited to no less than .5” for sides and top/bottom. Extended page sizes, such as 11” x 17”, count as a single page and may be used for detailed pricing or the schedule outlining the work. Links to other files or websites shall not be permitted. Proposals that do not conform to these requirements may be rejected. 9839 Oak Street Stormwater Improvements Project Page 23 of 129 SECTION 00300 BID FORM PROJECT: 9839 Oak Street Stormwater Improvements Project 1. In compliance with your Request for Proposal dated , 20 and subject to all conditions thereof, the undersigned a (Corporation, Limited Liability Company, Partnership, Joint Venture, or Sole Proprietor) authorized to do business in the State of Colorado hereby proposes to furnish and do everything required by the Contract Documents to which this refers for the construction of all items listed on the following Bid Schedule or Bid Schedules. 2. The undersigned Bidder does hereby declare and stipulate that this proposal is made in good faith, without collusion or connection with any other person or persons Bidding for the same Work, and that it is made in pursuance of and subject to all the terms and conditions of the Contract Documents pertaining to the Work to be done, all of which have been examined by the undersigned. 3. Accompanying this Bid is a Bid Bond in the sum of ($ ) in accordance with the Request for Proposal. 4. The undersigned Bidder agrees to execute the Agreement and a Performance Bond and a Payment Bond for the amount of the total of this Bid within fifteen (15) calendar days from the date when the written Notice of Award is delivered. The name and address of the corporate SURETY with which the Bidder proposes to furnish the specified Performance and Payment Bonds is as follows: . 5. All the various phases of Work enumerated in the Contract Documents with their individual jobs and overhead, whether specifically mentioned, included by implication or appurtenant thereto, are to be performed by the CONTRACTOR under one of the items listed in the Bid Schedule, irrespective of whether it is named in said list. 6. Payment for Work performed will be in accordance with the Bid Schedule(s) subject to change(s) as provided in the Contract Documents. 7. The undersigned Bidder hereby acknowledges receipt of Addenda No. through . 8. The undersigned Bidder hereby acknowledges the documents listed below are required elements of the Bid and must be submitted with the RFP. The CITY may reject any incomplete RFPs as non-responsive. A. RFP Proposal Submittal Section, starting on page eleven (11), includes response to: 1. Cover Letter/Executive Summary 2. Contractor Information 3. Cost Section 4. Firm Capability & Experience Section 5. Project Approach & Schedule Section 6. Sustainability/TBL Methodology Section 7. Sample Agreement 9839 Oak Street Stormwater Improvements Project Page 24 of 129 B. Bid Submittal 1. Bid Form, this Section 00300 2. Schedule of Subcontractors, Section 00430 3. Contractor Safety Form, Section 00440 C. Electronic Bid Bond, Section 00410 for ten (10) percent of the Base Bid amount, submitted per Section 6.0, page 17 D. Separately, upload the Bid Schedule in Excel format 9. BID SCHEDULE The basis of award shall be the highest rated responsive and responsible Bidder based on the stated evaluation criteria and weighting factors as determined by the OWNER and as deemed to be in the best interest of the OWNER. At the City’s option the basis of award may be based on the total price for Base Bid or the total price for the Base Bid plus selected Alternates. The Bid Schedule is issued separately as an Excel spreadsheet on BidNet. It is to be returned in Excel format, unlocked. If it is preferred to send a locked spreadsheet, please email the password to pjohnson@fcgov.com. Numerical value $ Total in words: $ ALTERNATES Bid alternates included here are for sections of RCP pipe with an alternative bedding specified per detail in the Construction Plans and the Technical Specifications. The alternates are also listed on the Bid Schedule and pricing should be submitted in both places. Item # Item Description Unit of Measure Unit Cost Quantity Total Cost A Alternates A1 Field Office (Alternate) LS 1 A2 78" RCP (Alternate) LF 1,348 A3 72" RCP (Alternate) LF 589 A4 66" RCP (Alternate) LF 1,034 A4 36" RCP (Alternate) LF 832 10. PRICES The foregoing prices shall include but are not limited to all labor, materials, overhead, profit, insurance, etc., for completion of the Work. Bidder acknowledges that the OWNER has the right to change items prior to award or during Construction at their sole discretion without affecting the Agreement or prices of any item so long as the deletion or change does not exceed twenty-five percent (25%) of the total Agreement Price. 9839 Oak Street Stormwater Improvements Project Page 25 of 129 11. Contractor hereby acknowledges receipt of the City of Fort Collins Request for Proposal and acknowledges that it has read and agrees to be fully bound by all of the terms, conditions and other provisions set forth in the RFP NUMBER AND TITLE and sample Agreement as-is except as otherwise noted. Additionally, CONTRACTOR hereby makes the following representations to CITY: a. All of the statements and representations made in this proposal are true to the best of the CONTRACTOR’s knowledge and belief. b. CONTRACTOR commits that it is able to meet the terms provided in this proposal. c. Contract award is subject to the appropriation of funds. d. This proposal is a firm and binding offer, for a period of ninety (90) days from the date hereof. e. CONTRACTOR further agrees that the basis of award is acceptable. f. CONTRACTOR also agrees to complete the proposed Agreement with the CITY within fifteen (15) days of Notice of Award. If contract is not completed and signed within fifteen (15) days, City reserves the right to cancel and award to the next highest rated firm. g. CONTRACTOR represents and warrants it has no conflicts of interest. RESPECTFULLY SUBMITTED: Legal Firm Name: Physical Address: Remit to Address: Phone: Email Address: Name of Authorized Agent: Signature of Authorized Agent: Primary Contact for Project: Title: Email Address: Phone: Cell Phone: (Seal - if Bid is by corporation) Attest: Address Telephone Email 9839 Oak Street Stormwater Improvements Project Page 26 of 129 SECTION 00400 SUPPLEMENTAL FORMS 00410 Bid Bond 00430 Schedule of Subcontractors 00440 Safety Form 9839 Oak Street Stormwater Improvements Project Page 27 of 129 SECTION 00410 BID BOND KNOW ALL PEOPLE BY THESE PRESENTS: that we, the undersigned as PRINCIPAL, and , as SURETY, are hereby held and firmly bound unto the City of Fort Collins, Colorado, as OWNER, in the sum of $ ($ ) for the payment of which, well and truly to be made, we hereby jointly and severally bind ourselves, successors, and assigns. THE CONDITION of this obligation is such that whereas the PRINCIPAL has submitted to the City of Fort Collins, Colorado the accompanying Bid and hereby made a part hereof to enter into a Construction Agreement for the construction of Fort Collins Project, 9839 Oak Street Stormwater Improvements Project THEREFORE, (a) If said Bid shall be rejected, or (b) If said Bid shall be accepted and the PRINCIPAL shall execute the Contract attached hereto (properly completed in accordance with said Bid) and shall furnish a BOND for their faithful performance of said Contract, and for payment of all persons performing labor or furnishing materials in connection therewith, and shall in all other respects perform the Agreement created by the acceptance of said Bid, then this obligation shall be void; otherwise the same shall remain in force and effect, it being expressly understood and agreed that the liability of the SURETY for any and all claims hereunder shall, in no event, exceed the penal amount of this obligation as herein stated. The SURETY, for value received, hereby stipulates and agrees that the obligations of said SURETY and its BOND shall be in no way impaired or affected by any extension of the time within which the OWNER may accept such Bid; and said SURETY does hereby waive notice of any such extension. SURETY Companies executing bonds must be authorized to transact business in the State of Colorado and be accepted by the OWNER. 9839 Oak Street Stormwater Improvements Project Page 28 of 129 IN WITNESS WHEREOF, the PRINCIPAL and the SURETY have hereunto set their hands and seals this day of , 20 , and such of them as are corporations have caused their corporate seals to be hereto affixed and these presents to be signed by their proper officers, the day and year first set forth above. PRINCIPAL SURETY Name: Address: By: By: Title: Title: ATTEST: By: (SEAL) (SEAL) 9839 Oak Street Stormwater Improvements Project Page 29 of 129 SECTION 00430 SCHEDULE OF SUBCONTRACTORS List all subcontractors and their corresponding Work items when performing over 10% of the total bid. WORK ITEM SUBCONTRACTOR 9839 Oak Street Stormwater Improvements Project Page 30 of 129 SECTION 00440 CONTRACTOR SAFETY FORM Please complete the following form to provide information about your Company’s safety records and procedures. This information will be included in the evaluation of the submitted proposal. We reserve the right to request additional documentation, at any point, that supports the accuracy of this form. Section 1. General Information Company Name Number of Employees Full Time: Part Time: Seasonal: Insurance Carrier Self-insured for Workers Compensation? Y ☐ N ☐ Section 2. Health and Safety Professional Information Does your company have a full-time dedicated Safety Officer? Y ☐ N ☐ If yes, provide the following information for the dedicated Safety Officer: Name: Title: Phone Number: Email: If no, provide the following information of the person responsible for safety in your company: Name: Title: Phone Number: Email: Provide the following information for the site safety Point of Contact: Name: Title: Phone Number: Email: Section 3. Health and Safety Program Does your company have a written Company Safety Program? Y ☐ N ☐ Does the written Company Safety Program cover the work activities proposed by your company for this project? Y ☐ N ☐ Does the written Company Safety Program include the following: Health and Safety Training Y ☐ N ☐ Employee/Management Responsibility Y ☐ N ☐ Hazard Recognition and Control Y ☐ N ☐ 9839 Oak Street Stormwater Improvements Project Page 31 of 129 Incident Reporting and Investigation Y ☐ N ☐ Describe a typical job site safety briefing (time, location, frequency, topics, documentation). How does your company ensure health and safety program compliance throughout the project? Does your company perform written Job Hazard Analysis’s (JHA’s) regularly and document them? Y ☐ N ☐ How often does your company conduct Health and Safety audits or inspections? Does your company have a written corrective action plan for any findings? Y ☐ N ☐ Section 4. Training and Certifications List required safety training ALL employees receive: List specialized safety training employees receive as needed: 9839 Oak Street Stormwater Improvements Project Page 32 of 129 Does your company maintain records of all safety training and certifications? Y ☐ N ☐ Section 5. Safety Equipment (Engineered Controls) Will your company be performing any Trenching/Excavation and Confined Space Activities? Y ☐ N ☐ If yes, list what protective shoring equipment you will have available for the job site? If entering Permit Required Confined Spaces (PRCS), such as vaults or sewers, what is your procedure for these activities? Section 6. Health and Safety Records List the Company’s Experience Modification Rate (EMR) for the previous 3 years Year: EMR: Year: EMR: Year: EMR: For any EMR greater than 1, provide an explanation for the rating and describe the corrective action taken by the Company. Use additional pages if needed. 9839 Oak Street Stormwater Improvements Project Page 33 of 129 Provide the number of injuries and illnesses recorded (OSHA 300 log or equivalent) in the previous 3 years: Calendar Year Year: Year: Year: Number of Fatalities Number of OSHA recordable cases Number of OSHA modified duty cases Number of OSHA lost time cases OSHA Total Recordable Incident Rate (TRIR) Number of recordable cases x 200,000 Number of hours worked OSHA DART Rate (Days Away Restricted or Transferred) Number of DART cases x 200,000 Number of hours worked Average number of employees on payroll Have any OSHA citations been issued to your company in the past 3 years? Y ☐ N ☐ If yes, list the citations and for each, provide the type of violation, an explanation for the citation, the penalty issued, and describe the corrective action taken by the Company. Limit your response to projects that have occurred in the Rocky Mountain region. Use additional pages if needed. 9839 Oak Street Stormwater Improvements Project Page 34 of 129 SECTION 00500 AGREEMENT FORMS 00510 Notice of Award 00520 Agreement 00530 Notice to Proceed 9839 Oak Street Stormwater Improvements Project Page 35 of 129 SECTION 00510 NOTICE OF AWARD DATE: [Date] TO: [CONTRACTOR] PROJECT: 9839 Oak Street Stormwater Improvements Project OWNER: CITY OF FORT COLLINS (hereinafter referred to as "the OWNER") CONTRACTOR is hereby notified that your Bid dated [CONTRACTOR'S Bid Date] for the above project has been considered. CONTRACTOR is the apparent successful Bidder and has been awarded an Agreement for . The Price of the Agreement is ($ ). One (1) copy of all Contract Documents accompany this Notice of Award. Additional copies of the drawings may be requested from the Project Manager. CONTRACTOR must comply with the following conditions within fifteen (15) days of the date of this Notice of Award, that is by [Date]. 1. CONTRACTOR must deliver to the OWNER a fully executed Agreement complete with authorized signature on the signature page. 2. CONTRACTOR must deliver with the executed Agreement the Contract Security (Bonds) as specified in the Request for Proposal. Failure to comply with these conditions within the time specified will entitle OWNER to consider your Bid abandoned, to annul this Notice of Award and to declare your Bid Security forfeited. City of Fort Collins OWNER By: Gerry Paul Purchasing Director 9839 Oak Street Stormwater Improvements Project Page 36 of 129 SECTION 00520 AGREEMENT THIS AGREEMENT is dated as of the [Day] day of [Month] in the year of 20[Year] and shall be effective on the date this AGREEMENT is signed by the City. The City of Fort Collins (hereinafter called OWNER) and [CONTRACTOR] (hereinafter called CONTRACTOR) OWNER and CONTRACTOR, in consideration of the mutual covenants hereinafter set forth, agree as follows: ARTICLE 1. WORK CONTRACTOR shall complete all Work as specified or indicated in the Contract Documents. The Project for which the Work under the Contract Documents may be the whole or only a part is defined as the construction of 9839 Oak Street Stormwater Improvements Project. ARTICLE 2. CHANGE ORDERS The CITY, may, at any time during the term and without invalidating the Agreement, make changes to 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 00950, consisting of one (1) page and incorporated herein by this reference. ARTICLE 3. ENGINEER The Project has been designed by Anderson Consulting Engineers, who is hereinafter called ENGINEER and who will assume all duties and responsibilities and will have the rights and authority assigned to ENGINEER in the Contract Documents in connection with completion of the Work in accordance with the Contract Documents. ARTICLE 4. CONTRACT TIMES 4.1. The Work shall be Substantially Completed by the CONTRACTOR, as evidenced by the issuance of the Certificate of Substantial Completion, within ninety (90) calendar days after the date of the Notice to Proceed. 4.2 The Work must be completed by the CONTRACTOR and ready for Final Payment and Acceptance in accordance with Article 14 of the General Conditions by . 4.3. 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 paragraphs 4.1 and 4.2 above, plus any extensions thereof allowed in accordance with Article 12 of the General Conditions. They also recognize the delays, expenses and difficulties involved in proving in a legal preceding the actual loss suffered by OWNER if the Work is not completed on time. Accordingly, instead of requiring any such proof, 9839 Oak Street Stormwater Improvements Project Page 37 of 129 OWNER and CONTRACTOR agree that as Liquidated Damages for delay (but not as penalty) CONTRACTOR shall pay OWNER the amounts set forth hereafter. 1) Substantial Completion. Three thousand dollars ($3,000) for each calendar day, or fraction thereof, after the Substantial Completion date established in Section 00530 Notice to Proceed until the work is Substantially Complete. 2) Final Payment and Acceptance: After Substantial Completion, one thousand, five hundred dollars ($1,500) for each calendar day or fraction thereof after ninety (90) days until the Work is ready for Final Payment and Acceptance. ARTICLE 5. CONTRACT PRICE 5.1 OWNER shall pay CONTRACTOR for performance of the Work in accordance with the Contract Documents as follows: ($ ), in accordance with Section 00300, attached and incorporated herein by this reference. ARTICLE 6. 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. 6.1. 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 calculated on the basis of the progress of the Work. In the case of Unit Price Work, progress payments will be based on the number of units completed and pricing will be in accordance with the Bid Form, Section 00300. 6.1.1. APPLICATION FOR PAYMENT. Applications for Payment should be emailed monthly to invoices@fcgov.com with a copy to the Project Manager. The cost of the work completed shall be paid to the CONTRACTOR each month following the submittal of a correct invoice completed in accordance with the Application for Payment, Section 00960.The CITY’s Certificate of Exemption license number is 09804502.  A copy of the license is available upon written request. Payments will be made using the prices stated in the Agreement. In the event a service is requested that is not stated in the Agreement, the CONTRACTOR and the CITY will negotiate an appropriate unit price for the service prior to the CONTRACTOR initiating such work. The CITY pays invoices on Net 30 terms. 9839 Oak Street Stormwater Improvements Project Page 38 of 129 6.1.2 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 Article 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 Article 14.2 of the General Conditions) may be included in the Application for Payment 00960. 6.1.3 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 Article 14.7 of the General Conditions or as provided by law. 6.2. FINAL PAYMENT AND ACCEPTANCE. Upon Final Payment and Acceptance of the Work in accordance with Article 14.13 of the General Conditions, OWNER shall pay the remainder of the Contract Price as recommended by ENGINEER as provided in said Article 14.13. ARTICLE 7. CONTRACTOR'S REPRESENTATION In order to induce OWNER to enter into this Agreement, CONTRACTOR makes the following representations: 7.1. CONTRACTOR has familiarized itself with the nature and extent of the Contract Documents, Work, site, locality, local conditions, and all applicable Laws and Regulations that in any manner may affect cost, progress, performance or furnishing of the Work. 7.2. CONTRACTOR has studied carefully all reports of explorations and tests of subsurface conditions and drawings of physical conditions which are identified in the Supplementary Conditions as provided in paragraph 4.2 of the General Conditions. 7.3. CONTRACTOR has obtained and carefully studied (or assumes responsibility for obtaining and carefully studying) all such examinations, investigations, explorations, tests, reports, studies, and subsurface or physical conditions, identified in the Supplementary Conditions, at or contiguous to the site or otherwise may affect the cost, progress, performance or furnishing of the Work as CONTRACTOR considers 9839 Oak Street Stormwater Improvements Project Page 39 of 129 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. 7.4. CONTRACTOR has reviewed and checked all information and data shown or indicated on the Contract Documents with respect to existing Underground Facilities at or contiguous to the site and assumes responsibility for the accurate location of said Underground Facilities. No additional examinations, investigations, explorations, tests, reports, studies or similar information or data in respect of said Underground Facilities are or will be required by CONTRACTOR in order to perform and furnish the Work at the Contract Price, within the Contract Times and in accordance with the other terms and conditions of the Contract Documents, including specifically the provision of Article 4.3 of the General Conditions. 7.5. CONTRACTOR has correlated the results of all such observations, examinations, investigations, tests, reports and data with the terms and conditions of the Contract Documents. 7.6. CONTRACTOR has given ENGINEER written notice of all conflicts, errors or discrepancies that he has discovered in the Contract Documents and the written resolution thereof by ENGINEER is acceptable to CONTRACTOR. ARTICLE 8. CONTRACT DOCUMENTS 8.1 The Contract Documents which comprise the entire Agreement between OWNER and CONTRACTOR concerning the Work consist of the General Conditions and Supplementary Conditions. Contract Documents are further defined in Article 1.10 of the General Conditions and other items as stated below, all of which are incorporated herein by this reference. 8.2 Forms for use by CITY and/or 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: Section 00300 Bid Form Section 00430 Schedule of Subcontractors Section 00440 Safety Form Section 00510 Notice of Award Section 00520 Agreement Section 00525 Scope of Work Section 00530 Notice to Proceed Section 00610 Performance Bond Section 00615 Payment Bond Section 00630 Certificate of Insurance Section 00635 Certificate of Substantial Completion Section 00640 Certificate of Final Acceptance Section 00650 Lien Waiver Releases Section 00660 Consent of SURETY 9839 Oak Street Stormwater Improvements Project Page 40 of 129 Section 00700 General Conditions Section 00800 Supplementary Conditions Section 00950 Change Order Section 00955 Work Change Directive Section 00960 Application for Payment 8.3 Specifications, Reports & Drawings, dated and consisting of a cover sheet and sheets numbered as follows: ARTICLE 9. MISCELLANEOUS 9.1. Terms used in this Agreement which are defined in Article I of the General Conditions shall have the meanings indicated in the General Conditions. 9.2. No assignment by a party hereto of any rights, obligations or interests in or under the Contract Documents will be binding on another party hereto without the prior 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 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 Documents. Any such assignment without the required prior written consent of the OWNER, shall be deemed null and void and have no effect. 9.3. 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, promises, and obligations in this Agreement and in the Contract Documents. 9.4 To the extent this Agreement or any provision in it constitutes a multiple fiscal year debt or financial obligation of the OWNER, it shall be subject to annual appropriation by OWNER’S 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 OWNER shall have no obligation to continue this Agreement in any fiscal year for which no such supporting appropriation has been made. 9.5 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 OWNER subsequently agrees in writing that the matter may be heard in federal court, venue will be in Denver District Court. 9.6  All notices provided under this AGREEMENT shall be effective immediately when emailed or three (3) business days from the date of the notice when mailed to the following addresses: CONTRACTOR: CITY: Copy to: 9839 Oak Street Stormwater Improvements Project Page 41 of 129 Attn: email address City of Fort Collins Attn: PO Box 580 Fort Collins, CO 80522 email address City of Fort Collins Attn: Purchasing Dept. PO Box 580 Fort Collins, CO 80522 purchasing@fcgov.com OWNER: CITY OF FORT COLLINS CONTRACTOR: [CONTRACTOR] By: By: Kelly DiMartino, City Manager (over $1,000,000) PRINTED By: Gerry Paul, Purchasing Director Title: Date: Date: Attest: (CORPORATE SEAL) City Clerk Attest: Approved as to Form Assistant City Attorney 9839 Oak Street Stormwater Improvements Project Page 42 of 129 SECTION 00530 NOTICE TO PROCEED Original Bid Number & Name: 9839 Oak Street Stormwater Improvements Project Description of Work: To: [CONTRACTOR] This notice is to advise you: That the Agreement covering the above described Work has been fully executed by the CONTRACTOR and the OWNER. That the required CONTRACTOR's Performance Bond and Payment Bond have been received by the OWNER. Therefore, as the CONTRACTOR for the above described Work, CONTRACTOR is hereby authorized and directed to proceed with the Work to begin on . The dates for Substantial Completion and Final Acceptance shall be , 20 and , 20 , respectively. Dated this day of , 20 . City of Fort Collins OWNER By: Title: ACKNOWLEDGMENT OF NOTICE Receipt of the above Notice to Proceed is hereby acknowledged this day of , 20__. CONTRACTOR: [CONTRACTOR] By: Title: 9839 Oak Street Stormwater Improvements Project Page 43 of 129 SECTION 00600 BONDS AND CERTIFICATES 00610 Performance Bond 00615 Payment Bond 00630 Certificate of Insurance 00635 Certificate of Substantial Completion 00640 Certificate of Final Acceptance 00650 Lien Waiver Release (CONTRACTOR) 00660 Consent of SURETY 00670 Application for Exemption Certificate 9839 Oak Street Stormwater Improvements Project Page 44 of 129 SECTION 00610 PERFORMANCE BOND Bond No. KNOW ALL PEOPLE BY THESE PRESENTS: that (firm) (address) (an Individual), (a Partnership), (a Corporation) (a Limited Liability Company), hereinafter referred to as the "PRINCIPAL" and (Firm) (Address) hereinafter referred to as "the SURETY", are held and firmly bound unto City of Fort Collins, 300 Laporte Ave, Fort Collins, Colorado 80522, a home rule municipality, hereinafter referred to as the "OWNER", in the penal sum of ($ ) 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] day of [Month] in the year of 20[Year], a copy of which is hereto attached and made a part hereof for the performance of the City of Fort Collins Project, 9839 Oak Street Stormwater Improvements Project. NOW, THEREFORE, if the PRINCIPAL shall well, truly and faithfully perform its duties, all the undertakings, covenants, terms, conditions and agreements of said Agreement during the original term thereof, and any extensions thereof which may be granted by the OWNER, with or without any notice to the SURETY and during the life of the guaranty period, and if the Principal shall satisfy all claims and demands incurred under such Agreement, and shall fully indemnify and save harmless the OWNER from all cost and damages which it may suffer by reason of failure to do so, and shall reimburse and repay the OWNER all outlay and expense which the OWNER may incur in making good any default then this obligation shall be void; otherwise to remain in full force and effect. PROVIDED, FURTHER, that the said SURETY, for value received, hereby stipulates and agrees that no change, extension of time, alteration or addition to the terms of the Agreement or to the Work to be performed thereunder or the Specifications accompanying the same shall in any way affect its obligation on this bond; and it does hereby waive notice of any such change, extension of time, alteration or addition to the terms of the Agreement or to the Work or to the Specifications. PROVIDED, FURTHER, that no final settlement between the OWNER and the PRINCIPAL 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. 9839 Oak Street Stormwater Improvements Project Page 45 of 129 IN WITNESS WHEREOF, this instrument is executed this _____ day of _____ ____, 20__. IN PRESENCE OF: PRINCIPAL (Title) (Title) (Corporate Seal) (Address) IN PRESENCE OF: Other PARTNERS _____________________________ By: _____________________________ By: IN PRESENCE OF: SURETY _____________________________ By:_____________________________________ _____________________________ (Address) (SURETY Seal) NOTE: Date of Bond must not be prior to date of Agreement. If CONTRACTOR is Partnership, all partners should execute Bond. Attach to form when submitted: Power of Attorney and Certificate of Authority of Attorney(s)-in-Fact 9839 Oak Street Stormwater Improvements Project Page 46 of 129 SECTION 00615 PAYMENT BOND Bond No. KNOW ALL PEOPLE BY THESE PRESENTS: that (firm) (address) (an Individual), (a Partnership), (a Corporation) (a Limited Liability Company), hereinafter referred to as the "PRINCIPAL" and (Firm) (Address) hereinafter referred to as "the SURETY", are held and firmly bound unto the City of Fort Collins, 300 Laporte Ave., Fort Collins, Colorado 80522 , a home rule municipality, a home rule municipality, 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] day of [Month] in the year of 20[Year], a copy of which is hereto attached and made a part hereof for the performance of the City of Fort Collins Project, 9839 Oak Street Stormwater Improvements Project. NOW, THEREFORE, if the PRINCIPAL shall make payment to all persons, firms, subcontractors, and corporations furnishing materials for or performing labor in the prosecution of the Work provided for in such Agreement and any authorized extension or modification thereof, including but not limited to, all amounts due for materials, lubricants, repairs on machinery, equipment and tools, consumed, rented or used in connection with the construction of such Work, and all insurance premiums on said Work, and for all labor, performed in such Work whether by subcontractor or otherwise, then this obligation shall be void; otherwise to remain in full force and effect. PROVIDED, FURTHER, that the said SURETY, for value received, hereby stipulates and agrees that no change, extension of time, alteration or addition to the terms of the Agreement or to the Work to be performed thereunder or the Specifications accompanying the same shall in any way affect its obligation on this bond; and it does hereby waive notice of any such change, extension of time, alteration or addition to the terms of the Agreement or to the Work or to the Specifications. PROVIDED, FURTHER, that no final settlement between the OWNER and the PRINCIPAL 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. 9839 Oak Street Stormwater Improvements Project Page 47 of 129 IN WITNESS WHEREOF, this instrument is executed this day of , 20__. IN PRESENCE OF: PRINCIPAL (Title) (Title) (Corporate Seal) (Address) IN PRESENCE OF: Other PARTNERS _____________________________ By: _____________________________ By: IN PRESENCE OF: SURETY _____________________________ By:_____________________________________ _____________________________ (Address) (SURETY Seal) NOTE: Date of Bond must not be prior to date of Agreement. If CONTRACTOR is Partnership, all partners should execute Bond. Attach to form when submitted: Power of Attorney and Certificate of Authority of Attorney(s)-in-Fact 9839 Oak Street Stormwater Improvements Project Page 48 of 129 SECTION 00630 CERTIFICATE OF INSURANCE The CONTRACTOR will provide, from insurance companies acceptable to the CITY, the insurance coverage designated hereinafter and pay all costs. Before commencing work under this 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. In case of the breach of any provision of the Insurance Requirements, the CITY, at its option, may take out and maintain, at the expense of the CONTRACTOR, such insurance as the CITY may deem proper and may deduct the cost of such insurance from any monies which may be due or become due the CONTRACTOR under this Agreement. Insurance 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 CONTRACTOR'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 CONTRACTOR shall maintain during the life of this Agreement for all of the CONTRACTOR’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 CONTRACTOR 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 CONTRACTOR 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. D. Umbrella Insurance. The Contractor shall maintain an umbrella policy providing excess limits over the primary policies described herein, in an amount not less than five (5) million dollars ($5,000,000.00). 9839 Oak Street Stormwater Improvements Project Page 49 of 129 E. 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 for all elements of the Project. The insurance shall: 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, 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). 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 F. Subcontractors. 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. G. Primary Coverage. For any claims related to the Agreement, CONTRACTOR’s insurance shall be primary coverage, and any insurance or self-insurance maintained by the CITY, its officers, agents and employees shall be in excess of the CONTRACTOR’s insurance and shall not contribute with it. H. Waiver of Subrogation. CONTRACTOR will grant to the CITY a waiver of any right of subrogation which any insurer of CONTRACTOR may acquire against the CITY by virtue of any payment of any loss. CONTRACTOR agrees to obtain any endorsement that may be necessary to affect this waiver of subrogation, but this provision applies regardless of whether or not the CITY has received a waiver of subrogation endorsement from the insurer. I. Errors & Omissions. The CONTRACTOR shall maintain errors and omissions insurance in the amount of $1,000,000 for those subcontractors performing tunneling. 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. 9839 Oak Street Stormwater Improvements Project Page 50 of 129 SECTION 00635 CERTIFICATE OF SUBSTANTIAL COMPLETION TO: CITY OF FORT COLLINS (OWNER) DATE OF SUBSTANTIAL COMPLETION: PROJECT TITLE: 9839 Oak Street Stormwater Improvements Project PROJECT OR SPECIFIED PART SHALL LOCATION: Fort Collins, Colorado INCLUDE: OWNER: City of Fort Collins CONTRACTOR: [CONTRACTOR] CONTRACT DATE: [Date] The Work performed under this AGREEMENT 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 have achieved Substantial Completion on the above date. Pursuant to the Contract Documents, CONTRACTOR has provided the following items, where applicable: Record Drawings (ie. final as-builts) Operations & Maintenance Manuals All applicable training Commissioning Third Party Warranties OWNER’s Extra Stock & Parts Keys Other: 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. OWNER AUTHORIZED REPRESENTATIVE DATE The CONTRACTOR accepts the above Certificate of Substantial Completion and agrees to complete and correct the items on the tentative list on or before the Final Acceptance and Completion date of , 20 . CONTRACTOR AUTHORIZED REPRESENTATIVE 9839 Oak Street Stormwater Improvements Project Page 51 of 129 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 , 20 . CITY OF FORT COLLINS, COLORADO By: OWNER AUTHORIZED REPRESENTATIVE DATE 9839 Oak Street Stormwater Improvements Project Page 52 of 129 SECTION 00640 CERTIFICATE OF FINAL ACCEPTANCE AND COMPLETION Month, day , 20 TO: [CONTRACTOR] You are hereby notified that on the day of , 20__, the City of Fort Collins, Colorado, has accepted the Work completed by [CONTRACTOR] for the City of Fort Collins Project, 9839 Oak Street Stormwater Improvements Project. Pursuant to the Contract Documents, CONTRACTOR has provided the following items: A. All documentation called for in the Contract Documents, including without limitation certified payrolls as required for state or federally funded projects; B. Consent of the SURETY, if any, to final payment; C. Satisfactory evidence that all title issues have been resolved such that title to all Work, materials, and equipment has passed to OWNER free and clear of any Liens or other title defects or will so pass upon final payment. D. A list of all disputes that CONTRACTOR believes are unsettled; and E. Complete and legally effective releases or waivers (satisfactory to OWNER) of all Lien rights arising out of the Work, and of Liens filed in connection with the Work. Your continuing obligations and guarantees for the Project will be as provided in the Contract Documents. OWNER: City of Fort Collins By: Title: 9839 Oak Street Stormwater Improvements Project Page 53 of 129 SECTION 00650 LIEN WAIVER RELEASE (CONTRACTOR) TO: City of Fort Collins, Colorado (OWNER) FROM: [CONTRACTOR] (CONTRACTOR) PROJECT: 9839 Oak Street Stormwater Improvements Project 1. The CONTRACTOR acknowledges having received payment, except retainage from the OWNER for all work, labor, skill and material furnished, delivered and performed by the CONTRACTOR for the OWNER or for anyone in the construction, design, improvement, alteration, addition or repair of the above described project. 2. In consideration of such payment and other good and valuable consideration, the receipt and adequacy of which are hereby acknowledged, the CONTRACTOR voluntarily waives all rights, claims and liens, including but not limited to, mechanic's liens, Miller Act claims (40 U.S.C.A. 270 a and b), stop notices, equitable liens and labor and material bond rights which the CONTRACTOR may now or may afterward have, claim or assert for all and any work, labor, skill or materials furnished, delivered or performed for the construction, design, improvement, alteration, addition or repair of the above described project, against the OWNER or its officers, agents, employees or assigns, against any fund of or in the possession or control of the OWNER, against the project or against all land and the buildings on and appurtenances to the land improved by the project. 3. The CONTRACTOR affirms that all work, labor and materials, furnished, delivered or performed to or for the construction, design, improvement, alteration, addition or repair of the project were furnished, delivered or performed by the CONTRACTOR or its agents, employees, and servants, or by and through the CONTRACTOR by various subcontractors or materialmen or their agents, employees and servants and further affirms the same have been paid in full and have released in full any and all existing or possible future mechanic's liens or rights or claims against the project or any funds in the OWNER'S possession or control concerning the project or against the OWNER or its officers, agents, employees or assigns arising out of the project. 4. The CONTRACTOR agrees to defend and hold harmless the OWNER, the lender, if any, and the SURETY on the project against and from any claim hereinafter made by the CONTRACTOR'S subcontractors, materialmen, employees, servants, agents or assigns against the project or against the OWNER or its officers, employees, agents or assigns arising out of the project for all loss, damage and costs, including reasonable attorney’s fees, incurred as a result of such claims. 5. The parties acknowledge that the description of the project set forth above constitutes an adequate description of the property and improvements to which this Lien Waiver Release pertains. It is further acknowledged that this Lien Waiver Release is for the benefit of and may be relied upon by the OWNER, the lender, if any, and SURETY on any Payment and Performance Bonds for the project. 9839 Oak Street Stormwater Improvements Project Page 54 of 129 Signed this date , day of month , 20 . CONTRACTOR: [CONTRACTOR] By: Title: ATTEST: Secretary STATE OF ) )ss. COUNTY OF ) Subscribed and sworn to before me this date day of month 20 , by printed name of notary . Witness my hand and official seal. Signed and sworn to [or affirmed] before me on _______________________, 20____ by __________________________________ (name(s) of individual(s) making statement). ____________________________________ (Notary’s official signature) ____________________________________ (Title of office) ____________________________________ (Commission Expiration) 9839 Oak Street Stormwater Improvements Project Page 55 of 129 SECTION 00660 CONSENT OF SURETY TO: City of Fort Collins, Colorado (hereinafter referred to as the "OWNER") CONTRACTOR: [CONTRACTOR] PROJECT: 9839 Oak Street Stormwater Improvements Project. CONTRACT DATE: [Date] In accordance with the provisions of the Contract between the OWNER and the CONTRACTOR as indicated above, for . (SURETY) on bond numbers hereby approves of the Final Payment to the CONTRACTOR and agrees that Final Payment to the CONTRACTOR shall not relieve the SURETY of any of its obligations to the OWNER, as set forth in the said SURETY's Bonds. IN WITNESS WHEREOF, the SURETY has hereunto set its hand this date day of month , 20 . (SURETY) By: ATTACH: Power of Attorney and Certificate of Authority of Attorney(s)-in-Fact. State of County of ____________________ This record was acknowledged before me on _________________________, 20 _____ by _________________________ as (type of authority, such as officer or trustee) of (name of party/entity on behalf of whom record was executed). (name of officer or agent, title of officer or agent) of (name of corporation acknowledging) a (state or place of incorporation) corporation, on behalf of the corporation. ____________________________________ (Notary’s official signature) ____________________________________ (Title of office) ____________________________________ (Commission Expiration) 9839 Oak Street Stormwater Improvements Project Page 56 of 129 SECTION 00670 APPLICATION FOR EXEMPTION CERTIFICATE 9839 Oak Street Stormwater Improvements Project Page 57 of 129 9839 Oak Street Stormwater Improvements Project Page 58 of 129 SECTION 00700 GENERAL CONDITIONS F SECTION 00800 SUPPLEMENTARY CONDITIONS SECTION 00800 SUPPLEMENTARY CONDITIONS Conditions of the Contract These Supplementary Conditions amend or supplement the General Conditions of the Construction Contract (EJCDC General Conditions 1910-8, 1990 edition with City of Fort Collins modifications) and other provisions of the Contract Documents as indicated below. SC-2.8 Preliminary Matters A. Delete paragraph 2.8 of the General Conditions entirely and replace it with the following paragraph: Preconstruction Conference. Within ten (10) days after the Contract Times for an Agreement 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. Unless otherwise agreed by the parties, the CONTRACTOR shall be responsible for documenting the meeting minutes which shall be subject to the OWNER’S approval. SC-4.2 Subsurface and Physical Conditions: A. Add the following language to paragraph 4.2.1 of the General Conditions. 4.2.1.1.1 The following report(s) of exploration and tests of subsurface conditions at the site of the Work:  Geotechnical Investigation Report  Geotechnical Investigation Report Addendum  Dewatering Pumping Test Result Memo  Geotechnical Baseline Report (GBR)  Groundwater Sampling Results for Construction Dewatering Evaluation  Subsurface Utility Engineering (SUE) Report CONTRACTOR may rely upon the accuracy of the technical data contained in the subsurface documents listed above, but not upon nontechnical data, interpretations or opinions contained therein or upon the completeness of any information in the report. SC-5.4.7 Additional Insureds. Include the following parties or entities as additional insureds, as provided in paragraph 5.4.7 of the General Conditions: 5.4.7.1 City of Fort Collins, PO Box 580, Fort Collins, Colorado 80522 SC-5.4.8 Limits of Liability A. Add the following language at the end of paragraph 5.4.8. The limits of liability for the insurance required by the paragraph numbers of the General Conditions listed in paragraphs 5.4.1 through 5.4.10 of the General Conditions are as outlined in Section 00630 of the Agreement. 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 shall be in accordance with Section 00630 of the Agreement. SC-11.6.2 Change of Contract Price A. Add the following new paragraph to paragraph 11.6.2 of the General Conditions: 11.6.2.7. Cost of the Work. Allowances for profit, overhead and mark-up prescribed by Article 5 of the Agreement shall be used in lieu of any CONTRACTOR'S fee, overhead, profit or mark-up allowances as prescribed in paragraphs 11.6.2.1, 11.6.2.2, and 11.6.2.3. SC-12.3. Add the following language to the end of paragraph 12.3 of the General Conditions. Lost days due to abnormal weather conditions will be allocated as required. Should there be a day with abnormal weather conditions, CONTRACTOR and the CITY Project Manager will consult, before start of Work, and determine whether Work should begin or not, documenting the decision in writing. In the event the parties mutually agree to suspend Work due to weather, the Project Schedule may be extended on a day for day basis equivalent to the period of time the Work was suspended for weather. SC-Confidentiality IN CONNECTION WITH THE SERVICES to be provided by CONTRACTOR under this Agreement, the parties agree to comply with reasonable policies and procedures with regard to the exchange and handling of confidential information and other sensitive materials between the parties, as set forth below. 1. Definitions. For purposes of this Agreement, the party who owns the confidential information and is disclosing same shall be referenced as the “Disclosing Party.” The party receiving the Disclosing Party’s confidential information shall be referenced as the “Receiving Party.” 2. Confidential Information. Confidential Information controlled by this Agreement refers to information which is not public and/or is proprietary and includes by way of example, but without limitation, CITY customer information, utility data, service billing records, customer equipment information, location information, network security system, business plans, formulae, processes, intellectual property, trade secrets, designs, photographs, plans, drawings, schematics, methods, specifications, samples, reports, mechanical and electronic design drawings, customer lists, financial information, studies, findings, inventions, and ideas. To the extent practical, Confidential Information shall be marked “Confidential” or “Proprietary.” Nevertheless, CONTRACTOR shall treat as Confidential Information all customer identifiable information in any form, whether or not bearing a mark of confidentiality or otherwise requested by the CITY, including but not limited to account, address, billing, consumption, contact and other customer data. In the case of disclosure in non- documentary form of non-customer identifiable information, made orally or by visual inspection, the Disclosing Party shall have the right, or, if requested by the Receiving Party, the obligation to confirm in writing the fact and general nature of each disclosure within a reasonable time after it is made in order that it is treated as Confidential Information. Any information disclosed to the other party prior to the execution of this Agreement and related to the services for which CONTRACTOR has been engaged shall be considered in the same manner and be subject to the same treatment as the information disclosed after the execution of this Agreement with regard to protecting it as Confidential Information. 3. Use of Confidential Information. Receiving Party hereby agrees that it shall use the Confidential Information solely for the purpose of performing its obligations under this Agreement and not in any way detrimental to Disclosing Party. Receiving Party agrees to use the same degree of care Receiving Party uses with respect to its own proprietary or confidential information, which in any event shall result in a reasonable standard of care to prevent unauthorized use or disclosure of the Confidential Information. Except as otherwise provided herein, Receiving Party shall keep confidential and not disclose the Confidential Information. The CITY and CONTRACTOR shall cause each of their directors, officers, employees, agents, representatives, and subcontractors/subconsultants to become familiar with, and abide by, the terms of this section, which shall survive this Agreement as an on-going obligation of the Parties. CONTRACTOR shall not use such information to obtain any economic or other benefit for itself, or any third party, other than in the performance of obligations under this Agreement. 4. Exclusions from Definition. The term “Confidential Information” as used herein does not include any data or information which is already known to the Receiving Party or which before being divulged by the Disclosing Party (1) was generally known to the public through no wrongful act of the Receiving Party; (2) has been rightfully received by the Receiving Party from a third party without restriction on disclosure and without, to the knowledge of the Receiving Party, a breach of an obligation of confidentiality; (3) has been approved for release by a written authorization by the other party hereto; or (4) has been disclosed pursuant to a requirement of a governmental agency or by operation of law. 5. Required Disclosure. If the Receiving Party is required (by interrogatories, requests for information or documents, subpoena, civil investigative demand or similar process, or by federal, state, or local law, including without limitation, the Colorado Open Records Act) to disclose any Confidential Information, the Parties agree the Receiving Party will provide the Disclosing Party with prompt notice of such request, so the Disclosing Party may seek an appropriate protective order or waive the Receiving Party’s compliance with this Agreement. The Receiving Party shall furnish a copy of this Agreement with any disclosure. 6. Notwithstanding paragraph 5, CONTRACTOR shall not disclose Confidential Information to any person, directly or indirectly, nor use it in any way, except as required or authorized in writing by the CITY. 7. Red Flags Rules. CONTRACTOR must implement reasonable policies and procedures to detect, prevent and mitigate the risk of identity theft in compliance with the Identity Theft Red Flags Rules found at 16 Code of Federal Regulations part 681. Further, CONTRACTOR must take appropriate steps to mitigate identity theft if it occurs with one or more of the CITY’s covered accounts and must as expeditiously as possible notify the CITY in writing of significant breeches of security or Red Flags to the CITY. 8. Data Protection and Data Security. In addition to the requirements of paragraph 7, CONTRACTOR shall have in place information security safeguards designed to conform to or exceed industry best practices regarding the protection of the confidentiality, integrity and availability of utility and customer information and shall have written agreements requiring any subcontractor/subconsultant to meet those standards. These information security safeguards (the “Information Security Program”) shall be materially consistent with, or more stringent than, the safeguards described in this Exhibit. a) CONTRACTOR’s information security safeguards shall address the following elements: • Data Storage, Backups and Disposal • Logical Access Control (e.g., Role-Based) • Information Classification and Handling • Secure Data Transfer (SFTP and Data Transfer Specification) • Secure Web Communications • Network and Security Monitoring • Application Development Security • Application Security Controls and Procedures (User Authentication, Security Controls, and Security Procedures, Policies and Logging) • Incident Response • Vulnerability Assessments • Hosted Services • Personnel Security b) Subcontractors/subconsultants. CONTRACTOR’s use of subcontractors/subconsultants shall not release or absolve CONTRACTOR from the obligation to satisfy all conditions of this Agreement, including the data security measures described in this Exhibit, and to require a substantially similar level of data security, appropriate to the types of services provided and Customer Data received, for any subcontractor/subconsultant CONTRACTOR may use. Accordingly, any release of data, confidential information, or failure to protect information under this Agreement by a subcontractor/subconsultant or affiliated party shall be attributed to CONTRACTOR and may be considered to be a material breach of this Agreement. 9. Confidential Information is not to be stored on any local workstation, laptop, or media such as CD/DVD, USB drives, external hard drives or other similar portable devices unless the CONTRACTOR can ensure security for the Confidential Information so stored. Work stations or laptops to be used in the Work will be required to have personal firewalls on each, as well as have current, active anti-virus definitions. 10. The Agreement not to disclose Confidential Information as set forth in this Exhibit shall apply during the term of the Work and at any time thereafter unless specifically authorized by the CITY in writing. 11. If CONTRACTOR breaches this Agreement, in the CITY’s sole discretion, the CITY may immediately terminate this Agreement and withdraw CONTRACTOR’s right to access Confidential Information. 12. Notwithstanding any other provision of this Agreement, all material, i.e., various physical forms of media in which Confidential Information is contained, including but not limited to writings, drawings, tapes, diskettes, prototypes or products, shall remain the sole property of the Disclosing Party and, upon request, shall be promptly returned, together with all copies thereof to the Disclosing Party. Upon such return of physical records, all digital and electronic data shall also be deleted in a non-restorable way by which it is no longer available to the Receiving Party. Written verification of the deletion (including date of deletion) is to be provided to the Disclosing Party within ten (10) days after completion of engagement, whether it be via termination, completion or otherwise. 13. CONTRACTOR acknowledges that the CITY may, based upon the representations made in this Agreement, disclose security information that is critical to the continued success of the CITY’s business. Accordingly, CONTRACTOR agrees that the CITY does not have an adequate remedy at law for breach of this Agreement and therefore, the CITY shall be entitled, as a non-exclusive remedy, and in addition to an action for damages, to seek and obtain an injunction or decree of specific performance or any other remedy, from a court of competent jurisdiction to enjoin or remedy any violation of this Agreement. SECTION 00900 CHANGE ORDERS AND PAYMENT 00950 Contract Change Order 00955 Work Change Directive 00960 Application for Payment SECTION 00950 CHANGE ORDER NO. PROJECT TITLE: 9839 Oak Street Stormwater Improvements Project CONTRACTOR: CONTRACTOR ORIGINAL BID/RFP NUMBER & NAME: 9839 Oak Street Stormwater Improvements Project PO NUMBER: DESCRIPTION: 1. Reason for Change: Why is the change required? 2. Description of Change: Provide details of the changes to the Work 3. Change in Price: 4. Change in Time: ORIGINAL PRICE $ .00 TOTAL APPROVED CHANGE ORDER .00 TOTAL PENDING CHANGE ORDER .00 TOTAL THIS CHANGE ORDER .00 TOTAL % OF THIS CHANGE ORDER % TOTAL C.O.% OF ORIGINAL AGREEMENT % ADJUSTED COST $ .00 CONTRACTOR: Date: Name, Title ACCEPTANCE: Date: Name, Project Manager REVIEWED: Date: Name, Buyer II or Senior Buyer ACCEPTANCE: Date: Gerry Paul, Purchasing Director (if greater than $60,000) SECTION 00955 WORK CHANGE DIRECTIVE A. GENERAL INFORMATION This document was developed for use in situations involving changes in the Work which, if not processed expeditiously, might delay the Project. These changes are often initiated in the field and may affect the Contract Price or the Contract Times. This is not a Change Order, but only a directive to proceed with the Work that may be included in a subsequent Change Order. For supplemental instructions and minor changes not involving a change in the Contract Price or the Contract Times a Field Order should be used. B. COMPLETING THE WORK CHANGE DIRECTIVE FORM Engineer initiates the form, including a description of the items involved and attachments. Based on conversations between the ENGINEER/Owner and CONTRACTOR, ENGINEER completes the following: METHOD OF DETERMINING CHANGE, IF ANY, IN CONTRACT PRICE: Mark the method to be used in determining the final cost of Work involved and the estimated net effect on the Contract Price. If the change involves an increase in the Contract Price and the estimated amount is approached before the additional or changed Work is completed, another Work Change Directive must be issued to change the estimated price or CONTRACTOR may stop the changed Work when the estimated time is reached. If the Work Change Directive is not likely to change the Contract Price, the space for estimated increase (decrease) should be marked “Not Applicable”. Once ENGINEER has completed and signed the form, all copies should be sent to OWNER for authorization because ENGINEER alone does not have authority to authorize changes in Price or Times. Once authorized by OWNER, a copy should be sent by ENGINEER to CONTRACTOR. Price and Times may only be changed by Change Order signed by OWNER and CONTRACTOR with ENGINEER’s recommendation. Article 10 of the General Conditions requires that a Change Order be initiated and processed to cover any undisputed sum or amount of time for Work actually performed pursuant to this Work Change Directive. Once the Work covered by this directive is completed or final cost and times are determined, CONTRACTOR should submit documentation for inclusion in a Change Order. IF THIS IS A DIRECTIVE TO PROCEED WITH A CHANGE THAT MAY AFFECT THE CONTRACT PRICE OR CONTRACT TIMES. A CHANGE ORDER, IF ANY, SHOULD BE CONSIDERED PROMPTLY. WORK CHANGE DIRECTIVE NO. PROJECT TITLE: 9839 Oak Street Stormwater Improvements Project CONTRACTOR: CONTRACTOR BID NUMBER & NAME: 9839 Oak Street Stormwater Improvements Project PO NUMBER: You are directed to proceed promptly with the following change(s): Description: Purpose of Work Change Directive: Attachments: (List documents supporting change) If OWNER OR CONTRACTOR believe that the above change has affected Contract Price, any Claim for a Change Order based thereon will involve one or more of the following methods as defined in the Contract Documents. Method of determining change in Contract Price: Unit Prices Lump Sum Cost of the Work Estimated increase (decrease) in Contract Price: $ If the change involves an increase, the estimated amount is not to be exceeded without further authorization. Estimated increase (decrease) in Contract Times: Substantial Completion: days; Ready for Final Acceptance: days REQUESTED: CONTRACTOR AUTHORIZED REPRESENTATIVE DATE RECOMMENDED: ENGINEER AUTHORIZED REPRESENTATIVE DATE AUTHORIZED: OWNER AUTHORIZED REPRESENTATIVE DATE Section 00960 APPLICATION FOR PAYMENT PAGE 1 OF 4 OWNER: City of Fort Collins PROJECT: 9839 Oak Street Stormwater Improvements 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. OR The undersigned CONTRACTOR certifies that to the best of its knowledge, information and belief the Work covered by this Application for Payment has been completed in accordance with the Contract Documents, that all accounts have been paid for Work for which previous Applications for Payment were issued and payments received, and this current payment requested herein is now due. The above Amount Due This Application is requested by the CONTRACTOR. Date: By: In accordance with the Contract Documents, based on site observations and the data comprising the above Application, the ENGINEER certifies to the OWNER that the Work has progressed to the point indicated; that to the best of its knowledge, information and belief, the quality of the Work is generally in accordance with the Contract Documents, and that the CONTRACTOR is entitled to payment of the amount requested herein subject to any set-offs set forth on the attached exhibit. 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: 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. 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 TOTALS $0.00 $0.00 $0.00 $0.00 $0.00 CHANGE ORDERS APPLICATION FOR PAYMENT PAGE 3 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. Amount Period To Date Billed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n 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 TOTALS $0.00 $0.00 $0.00 $0.00