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Home My WebLink AboutBID - 9909 MAIL CREEK TRAIL IMPROVEMENTS TIMBERLINE TO SPINDLEBUSH Invitation for Bid 9909 Mail Creek Improvements Timberline to Spindlebush BID INFORMATION AND CONTRACT DOCUMENTS FOR MAIL CREEK TRAIL IMPROVEMENTS TIMBERLINE TO SPINDLEBUSH BID NO. 9909 November 17, 2023 Invitation for Bid 9909 Mail Creek Improvements Timberline to Spindlebush CONTRACT DOCUMENTS TABLE OF CONTENTS BID INFORMATION 00020 Invitation to Bid 00050 Scope of Work 00100 General Information 00300 Bid Form 00400 Supplements to Bid Forms 00410 Bid Bond 00420 Statements of Bidders Qualifications 00430 Schedule of Subcontractors CONTRACT DOCUMENTS 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 00960 Application for Payment ADDITIONAL CONTRACT DOCUMENTS EXHIBIT A - PROJECT PLAN SET DATED SEPTEMBER 29, 2023 EXHIBIT B - PROJECT SPECIFICATIONS DATED NOVEMBER 15, 2023 EXHIBIT C - GEOTECHNICAL REPORT DATED JULY 24, 2023 EXHIBIT D - EROSION CONTROL REPORT DATED SEPTEMBER 13, 2023 EXHIBIT E - TIME EXTENSIONS FOR ABNORMAL WEATHER DELAY DAYS Invitation for Bid 9909 Mail Creek Improvements Timberline to Spindlebush SECTION 00020 INVITATION TO BID BID DUE: 3:00 PM MT (MT our clock), December 19, 2023 As part of the City’s commitment to sustainability, sealed Bids must be submitted online through the Rocky Mountain E-Purchasing System (RMEPS) at http://bidnetdirect.com/colorado/city-of- fort-collins. Public Bid Opening: The bid opening will be conducted by video conference per the following information. At said place and time, and promptly thereafter, all Bids that have been duly received will be publicly opened and read aloud. To access the public Bid opening, please follow the link or call in information below to join the meeting: Click here to join the meeting https://teams.microsoft.com/l/meetup- join/19%3ameeting_ZWZmMjZmYWItODAzNi00NTE3LTllMDktMmEzMDMzZDBkMWM0 %40thread.v2/0?context=%7b%22Tid%22%3a%2247fa2f5f-0d0a-4a68-b431- 6d1a27b66660%22%2c%22Oid%22%3a%2237299b31-8a43-4b66-8642- b5358a21cda9%22%7d Call in information: Phone #: 1-970-628-0892 Call in ID: 757 598 565# A pre-bid conference and job walk with representatives of prospective Bidders will be held at the jobsite and we will meet near the northwestern corner of Zephyr Road and Tilden Street on November 29, 2023 @ 10:00 AM MT. Weather permitting, a job walk will take place immediately after the pre-bid conference. All bidders must bring appropriate personal protective equipment (PPE) including at a minimum work boots, hardhat and reflective vest. Prospective Bidders are invited to present their questions relative to this Bid proposal at this meeting. All questions should be submitted, in writing via email, to Adam Hill, Senior Buyer at adhill@fcgov.com, and Greg Oakes, Project Manager at goakes@fcgov.com no later than 3:00 PM MT on December 11, 2023. Please format your e-mail to include: Bid 9909 Mail Creek Trail Improvements Timberline to Spindlebush 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 RMEPS. The Contract Documents and Construction Drawings may be examined online at: Invitation for Bid 9909 Mail Creek Improvements Timberline to Spindlebush http://www.bidnetdirect.com/colorado/city-of-fort-collins Bid security in the amount of not less than 5% of the total Bid must accompany each Bid in the form specified in the Instructions to Bidders. The successful Bidder will be required to furnish a Performance Bond and a Payment Bond guaranteeing faithful performance and the payment of all bills and obligations arising from the performance of the Contract. No Bid may be withdrawn within a period of sixty (60) days after the date fixed for opening Bids. The OWNER reserves the right to reject any and all Bids, and to waive any informalities and irregularities therein. Prohibition of Unlawful Discrimination: The City, 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, affirmatively ensures that for all contracts entered into with the City, disadvantaged business enterprises are afforded a full and fair opportunity to bid on the contract and are not to be discriminated against on the grounds of race, color, or national origin in consideration for an award. The City strictly prohibits unlawful discrimination based on an individual’s gender (regardless of gender identity or gender expression), race, color, religion, creed, national origin, ancestry, age 40 years or older, marital status, disability, sexual orientation, genetic information, or other characteristics protected by law. For the purpose of this policy “sexual orientation” means a person’s actual or perceived orientation toward heterosexuality, homosexuality, and bisexuality. The City also strictly prohibits unlawful harassment in the workplace, including sexual harassment. Further, the City strictly prohibits unlawful retaliation against a person who engages in protected activity. Protected activity includes an employee complaining that he or she has been discriminated against in violation of the above policy or participating in an employment discrimination proceeding. The City requires its 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. 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. 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 Invitation for Bid 9909 Mail Creek Improvements Timberline to Spindlebush 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. Colorado Open Records Act: The City is a governmental entity subject to the Colorado Open Records Act, C.R.S. §§ 24-72-200.1 et seq. (“CORA”). Any bid submitted hereunder is subject to public disclosure by the City pursuant to CORA and City ordinances. All submitted bids, Bid Forms, and the awarded contract will be considered public records subject to disclosure under CORA. By responding to this Bid, CONTRACTOR hereby waives any and all claims for damages against the City for the City’s good faith compliance with CORA. Collusive or Sham Bid: Any bid deemed to be collusive or a sham bid 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. City of Fort Collins Gerry Paul Purchasing Director Invitation for Bid 9909 Mail Creek Trail Improvements Timberline to Spindlebush SECTION 00050 SCOPE OF WORK The City is working towards completion of the Mail Creek Trail connection between Kinard Core Knowledge Middle School and the Power Trail. This connection will provide access to the Power Trail from the east, eliminating the need for trail users to travel north to Harmony or south to Trilby. Multiple projects are underway or completed, in partnership with the Engineering Department, that contribute towards the trail completion including: • Siphon Pedestrian Overpass - Construction estimated to begin in the Fall of 2024 • Timberline Pedestrian Underpass - Construction completed • Mail Creek Trail west of Timberline – Construction completed The Contract Documents provide for the construction of Bid 9909 Mail Creek Trail. The project is funded through the City of Fort Collins Conservation Trust Funds; no federal funds are associated with this project. The work includes construction of a new ½ mile 5” thick,10' wide colored concrete trail, relocation of 1,052 LF of the New Mercer Ditch, a repurposed pedestrian bridge and trail connection into the Mail Creek/Kechter Crossing Neighborhood and restoration for any areas disturbed during construction. The New Mercher Ditch relocation needs to be completed by April 15, 2024 prior to the ditch opening for the season. This project is broken out into a base bid and an add alternative. The base bid (1,672 LF, west mail creek trail in the drawing set) includes the trail, ditch relocation and pedestrian bridge. This segment runs from Timberline going west to Tilden St. The add alternative (1,200 LF, east mail creek trail in the drawing set) runs east of Tilden to tie into the existing trail west of Spindlebush Ln. within City Right-of-Way along Zephyr Rd. See below map: pink is base bid, yellow is add alternate. Invitation for Bid 9909 Mail Creek Trail Improvements Timberline to Spindlebush The City is currently working with the New Mercer Ditch Company on a realignment and crossing agreement and with the Poudre School District and the Kechter Crossing HOA for necessary trail easements. The agreement and easements are near completion and will need to be finalized prior to construction commencing. All approvals are anticipated to be complete in early January 2024. The newly constructed trail must comply with ADA requirements (see next paragraph), any cross slopes identified in the drawings with 2% indicates the maximum allowable cross slope. CONTRACTOR to ensure cross slopes are between 1.5% and 2%. ADA Compliance. In performing the Services required hereunder, the CONTRACTOR agrees to meet all the requirements of the Americans With Disabilities Act of 1990, and all applicable rules and regulations (the '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. Staging area for construction is to be in the area depicted in the below map and includes access to an existing house that can be used as an office. Additional Project Information: • AutoCAD files will be made available to the selected CONTRACTOR at time of contract execution. Invitation for Bid 9909 Mail Creek Trail Improvements Timberline to Spindlebush • Owner will contract with a CONTRACTOR for concrete/subgrade testing. Overall scheduling of testing will be coordinated by the City Project Manager between CONTRACTOR and CONTRACTOR. CONTRACTOR will be required to give a minimum of 24-hour notice to CONTRACTOR for necessary testing. • This project is tax exempt. • Traffic control is to be conducted by a Professional Traffic Control Company. Required traffic control measures can be found here https://www.fcgov.com/traffic/watc . • Any tree removal/pruning must be coordinated with the City Project Manager and with the City of Fort Collins Forestry Department. • Dust control shall abide by the City of Fort Collins “Dust Control and Prevention Manual,” which is available for public download at https://www.fcgov.com/airquality/pdf/dust- prevention-and-control-manual.pdf , and is incorporated herein by this reference. The City of Fort Collins has implemented this manual for all projects performed for the City of Fort Collins or located within the City of Fort Collins city limits. • Project weather days, see Exhibit E – Time Extension for Abnormal Weather Delay Days. • The City will provide Professional Surveying to a reasonable professional standard of the following items: o Centerline of ditch staking at catch points, grade breaks, top and bottom of embankments, and ditch centerline. o Concrete trail staking. o Bridge abutment staking. Lost or damaged stakes will be re-staked at a cost to the CONTRACTOR of $25.00 per stake plus an additional fee of $200.00 if an unplanned visit is necessary to complete the re-stake. This fee will apply unless re-staking has been authorized by the City Project Manager. For more project information, please visit our website at https://www.fcgov.com/parkplanning/mail-creek-trail SECTION 00100 INSTRUCTIONS TO BIDDERS Invitation for Bid 9909 Mail Creek Trail Improvements Timberline to Spindlebush 1.0 DEFINED TERMS Terms used in these Instructions to Bidders 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. The term "Bidder" means one who submits a Bid to OWNER, as distinct from a sub-bidder, who submits a Bid to Bidder. The terms "Successful Bidder" means the lowest, qualified, responsible and responsive Bidder to whom OWNER (on basis of OWNER's evaluation as hereinafter provided) makes an award. The term "Bidding Documents" includes the Advertisement or Invitation to Bid, Instructions to Bidders, the Bid Form, and the proposed Contract Documents (including all Addenda issued prior to receipt of Bids). 2.0 COPIES OF BIDDING DOCUMENTS 2.1. Complete sets of Bidding Documents may be obtained as stated in the Invitation to Bid. No partial sets will be issued. The Bidding Documents may be examined at the locations identified in the Invitation to Bid. 2.2. Complete sets of Bidding Documents shall be used in preparing Bids; neither OWNER nor ENGINEER 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 BIDDERS 3.1 To demonstrate qualifications to perform the Work, each Bidder must submit at the time of the Bid opening, a written statement of qualifications provided in Section 00420. As applicable, Bidder must possess all required state and local licenses. 3.2. 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. 3.3. Each Bidder may be required to show that any Work previously performed by the Bidder has no claims pending against such 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. Invitation for Bid 9909 Mail Creek Trail Improvements Timberline to Spindlebush 3.4 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. 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. Interpretation or clarifications considered necessary in response to such questions will be issued only by Addenda. Only questions answered by formal written Addenda will be binding. 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 Bond in an amount no less than five (5) 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 required contract security, whereupon Bid Security will be returned. If the successful Bidder fails to execute and deliver the Invitation for Bid 9909 Mail Creek Trail Improvements Timberline to Spindlebush 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 sixty days after the Bid Opening, whereupon Bid Security furnished by such Bidders will be returned. Bid Security with Bids which are not competitive will be returned. 7.0 CONTRACT TIME The number of 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 which may be further defined in the Supplementary Conditions. 10.0 SUBCONTRACTORS, SUPPLIERS AND OTHERS 10.1. Each Bidder shall submit at the Bid opening 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 3 business days after bid opening. 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 lowest 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 Invitation for Bid 9909 Mail Creek Trail Improvements Timberline to Spindlebush 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 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. Invitation for Bid 9909 Mail Creek Trail Improvements Timberline to Spindlebush 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 Invitation to Bid and accompanied by the documents identified as required in Sections 00300 & 00400. Bids received after the time and date for receipt of Bids will not be accepted. Bidder shall assume full responsibility for timely delivery at the location designated for receipt of Bids. 13.3. Oral, telephonic, telegraphic, physically mailed or delivered or facsimile Bids are invalid and will not receive consideration. 13.4. 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 opening of Bids on RMEPS. 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 Bidders. 15.0 BID OPENING Bids will be opened and read aloud publicly as indicated in the Invitation to Bid. A Bid Tally of the amounts of the Base Bid and alternates will be made available on RMEPS after the opening of Bids. 16.0 BIDS TO REMAIN OPEN SUBJECT TO ACCEPTANCE All Bids shall remain open for sixty (60) days after the day of the Bid Opening, but OWNER may, in his sole discretion, release any Bid prior to that date. 17.0 AWARD OF CONTRACT 17.1. 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 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. 17.2. 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. Invitation for Bid 9909 Mail Creek Trail Improvements Timberline to Spindlebush 17.3. 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. 17.4. 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. 17.5. If the Contract is to be awarded, it will be awarded to the lowest responsive and responsible Bidder whose evaluation by OWNER indicates to OWNER that the award will 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. 17.6. If the Contract is to be awarded, OWNER will give the Successful Bidder a Notice of Award within sixty (60) days after the date of the Bid opening, or a mutually agreed upon date. 18.0 PERFORMANCE & PAYMENT BONDS The General Conditions and the Supplementary Conditions set forth OWNER's requirements as to Performance and Payment Bonds. When the awarded CONTRACTOR delivers the executed Agreement to the OWNER, it shall be accompanied by the required contract bonds. 19.0 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. Within ten (10) days thereafter, OWNER shall deliver the executed AGREEMENT to CONTRACTOR. 20.0 TAXES OWNER is exempt from Colorado State Sales and Use Tax as applicable. Said taxes shall not be included in the Contract Price. 21.0 RETAINAGE Provisions concerning retainage are set forth in the Agreement. 22.0 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. Invitation for Bid 9909 Mail Creek Trail Improvements Timberline to Spindlebush 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. 23.0 BID RESULTS Bid results will be posted at http://www.bidnetdirect.com/colorado/city-of-fort-collins. 24.0 SCHEDULE The anticipated schedule for this project is as follows: Item Dates Bid Issue Date November 17, 2023 Pre-Bid Meeting November 29, 2023 @ 10:00 AM MT Deadline for questions December 11, 2023 @ 3:00 PM MT Final Addendum issued December 13, 2023 Bid Due December 19, 2023 @ 3:00 PM MT Tentative start date January 16, 2024 New Mercer Ditch Work Complete and Ditch Operational April 15, 2024 Project Substantial Completion date June 17, 2024 Project Final Completion date July 01, 2024 END OF SECTION Invitation for Bid 9909 Mail Creek Trail Improvements Timberline to Spindlebush SECTION 00300 BID FORM Invitation for Bid 9909 Mail Creek Trail Improvements Timberline to Spindlebush SECTION 00300 BID FORM PROJECT: 9909 Mail Creek Trail Improvements Timberline to Spindlebush Date: 1. In compliance with your Invitation to Bid 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 Invitation to Bid and Instructions to Bidders. 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 to the address given on this Bid. 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. COLORADO OPEN RECORDS ACT The undersigned Bidder acknowledges that the City is a governmental entity subject to the Colorado Open Records Act, C.R.S. §§ 24-72-200.1 et seq. (“CORA”). Any bids submitted hereunder is subject to public disclosure by the City pursuant to CORA and City ordinances. All submitted bids, Bid Forms, and the awarded contract will be considered public records subject to disclosure under CORA. By responding to Invitation for Bid 9909 Mail Creek Trail Improvements Timberline to Spindlebush this Bid, CONTRACTOR hereby waives any and all claims for damages against the City for the City’s good faith compliance with CORA. 9. The undersigned Bidder hereby acknowledges the documents listed below are required elements of the Bid and must be submitted with the Bid. The City may reject any incomplete Bids as non-responsive. Bid Form (this Section 00300) Electronic Bid Bond (Item 3 above and Section 00410) for five (5) percent of the base Bid amount Acknowledgement of Bid Addenda (Item 7 above) Statement of Bidder's Qualifications (Section 00420) Schedule of Subcontractors (Section 00430) Preliminary Construction Schedule, highlighting project milestones. Final construction schedule to be coordinated with City Project Manager and selected CONTRACTOR. 10. BID SCHEDULE (Base Bid) At the City’s option the basis of award is the low responsive and responsible Bidder based on the total price for Base Bid or the total price for the Base Bid plus selected Alternate(s). Below is the bid schedule to complete or please use the Excel Document posted on Bidnet. Invitation for Bid 9909 Mail Creek Trail Improvements Timberline to Spindlebush Invitation for Bid 9909 Mail Creek Trail Improvements Timberline to Spindlebush 11. PRICES The foregoing prices shall include but is not limited to all labor, materials, overhead, profit, permits, bonds, 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. Invitation for Bid 9909 Mail Creek Trail Improvements Timberline to Spindlebush RESPECTFULLY SUBMITTED: Legal Firm Name: Physical Address: Remit to Address: Phone: Name of Authorized Agent of Firm: Signature of Authorized Agent: Primary Contact for Project: Title: Email Address: Phone: Cell Phone: (Seal - if Bid is by corporation) Attest: Address Telephone Email Invitation for Bid 9909 Poudre Trail Spur at I-25 SECTION 00400 SUPPLEMENTS TO BID FORMS 00410 Bid Bond 00420 Statement of Bidder's Qualifications 00430 Schedule of Subcontractors Invitation for Bid 9909 Poudre Trail Spur at I-25 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, 9909 Mail Creek Trail Improvements Timberline to Spindlebush. NOW 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. Invitation for Bid 9909 Poudre Trail Spur at I-25 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) Invitation for Bid 9909 Poudre Trail Spur at I-25 SECTION 00420 STATEMENT OF BIDDER'S QUALIFICATIONS All questions must be answered, and the data given must be clear and comprehensive. This statement must be notarized. If necessary, questions may be answered on separate attached sheets. The Bidder may submit any additional information if needed. 1. Name of Bidder:: 2. When was Bidder’s firm organized: 3. If your firm is a corporation, where is the firm incorporated: 4. How many years has the firm been engaged in the contracting business under the present firm or trade name? 5. Provide a list of the contracts on hand: (list these, showing the amount of each contract and the appropriate anticipated dates of completion.) 6. What is the general character of Work performed by your company: 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? Invitation for Bid 9909 Poudre Trail Spur at I-25 If so, where and why? 9. Is the firm debarred by any government agency? If yes, list agency name. 10. Provide the background and experience of the principal members of your organization, including officers: 11. Credit available: $ 12. Bank Reference: 13. Will you, upon request, provide a detailed financial statement for your Company and furnish any other information that may be required by the OWNER? 14. Is the firm licensed as a General Contractor, if applicable, in the City of Fort Collins? 15. Are any lawsuits pending against you or your firm at this time? If yes, provide detail 16. REFERENCES The undersigned Bidder shall provide three (3) completed or under construction project references of similar scope and price from the past three (3) years. It is the City’s preference that the reference projects use the same Project Manager as the Invitation for Bid 9909 Poudre Trail Spur at I-25 CONTRACTOR is proposing for this project. It is preferred that references are from three separate owners and shall include a brief project description, owner contact information (name, title, email, and phone number), and total contract value. References may be checked by the City and bids that do not include the required and satisfactory references may be deemed non-responsive. The City reserves the right to request additional project references at its sole discretion. Project 1 Name: Brief Description: Contract Value: Client: Contact Name: Title: Phone: Email: Project 2 Name: Brief Description: Contract Value: Client: Contact Name: Title: Phone: Email: Project 3 Name: Brief Description: Contract Value: Client: Contact Name: Title: Phone: Email: Invitation for Bid 9909 Poudre Trail Spur at I-25 17. The undersigned hereby authorizes and requests any person, firm or corporation to furnish any information requested by the OWNER in verification of the recital comprising this Statement of Bidder's Qualifications. By signing below, the CONTRACTOR agrees that the answers to the foregoing questions and all statements therein contained are true and correct. Company: By: Printed: Title: State of ____________________ County of ____________________ Signed before me on _______________________, 20____ by __________________________________ (name(s) of individual(s) making statement). ____________________________________ (Notary’s official signature) ____________________________________ (Title of office) ____________________________________ (Commission Expiration) Invitation for Bid 9909 Poudre Trail Spur at I-25 SECTION 00430 SCHEDULE OF SUBCONTRACTORS List all subcontractors and their corresponding Work items when performing over 10% of the total bid. WORK ITEM SUBCONTRACTOR Invitation for Bid 9909 Mail Creek Trail Improvements Timberline to Spindlebush SECTION 00500 AGREEMENT FORMS 00510 Notice of Award 00520 Agreement 00530 Notice to Proceed Invitation for Bid 9909 Mail Creek Trail Improvements Timberline to Spindlebush SECTION 00510 NOTICE OF AWARD DATE: [Date] TO: [Contractor] PROJECT: 9909 Mail Creek Trail Improvements Timberline to Spindlebush 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 9909 Mail Creek Trail Improvements Timberline to Spindlebush. 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 Instructions to Bidders. 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 Invitation for Bid 9909 Mail Creek Trail Improvements Timberline to Spindlebush 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 the 9909 Mail Creek Trail Improvements Timberline to Spindlebush. 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 Horrocks Engineers. However all references in the Contract Documents to the ENGINEER shall be the City’s Project Manager 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. All construction work necessary for the New Mercer Ditch to commence irrigation operation without disturbance to flows shall be completed prior to April 15, 2024 unless written consent by the City for an extension is granted. The CONTRACTOR shall schedule their work accordingly and shall be completed continuously upon construction commencing. In the event the CONTRACTOR does not complete the work at New Mercer Ditch by April 15, 2024, the CONTRACTOR shall work with the City and the New Mercer Ditch Company, with permission in writing, to accommodate irrigation water during construction. Such accommodation shall be at the sole expense of the CONTRACTOR. To the extent permitted by law, the CONTRACTOR expressly agrees that it shall be liable to the New Mercer Ditch Company and its shareholders for damages for any unauthorized use or disturbance of the flow of water through the ditch caused by the CONTRACTOR, without the New Mercer Ditch Company’s prior written authorization. 4.2. The Work shall be Substantially Completed by the CONTRACTOR, as evidenced by the issuance of the Certificate of Substantial Completion, by June 17, 2024. Invitation for Bid 9909 Mail Creek Trail Improvements Timberline to Spindlebush 4.3. 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 July 1, 2024. 4.4. Liquidated Damages. OWNER and CONTRACTOR recognize that time is of the essence of this Agreement and that OWNER will suffer financial loss if the Work is not completed within the times specified in paragraphs 4.1., 4.2. and 4.3. above, plus any extensions thereof allowed in accordance with Article 12 of the General Conditions. They also recognize the delays, expenses and difficulties involved in proving in a legal preceding the actual loss suffered by OWNER if the Work is not completed on time. Accordingly, instead of requiring any such proof, OWNER and CONTRACTOR agree that as Liquidated Damages for delay (but not as penalty) CONTRACTOR shall pay OWNER the amounts set forth hereafter. 1) All construction work necessary for the New Mercer Ditch to commence irrigation operation without disturbance to flows shall be completed prior to April 15, 2024 unless written consent by the City for an extension is granted. The CONTRACTOR shall schedule their work accordingly and shall be completed continuously upon construction commencing. In the event CONTRACTOR does not complete the work at New Mercer Ditch by April 15, 2024, the CONTRACTOR shall work with the City and the New Mercer Ditch Company, with permission in writing, to accommodate irrigation water during construction. Such accommodation shall be at the sole expense of the CONTRACTOR. To the extent permitted by law, the CONTRACTOR expressly agrees that it shall be liable to the New Mercer Ditch Company and its shareholders for damages for any unauthorized use or disturbance of the flow of water through the ditch caused by the CONTRACTOR, without the New Mercer Ditch Company’s prior written permission. 2) Substantial Completion. One Thousand, Five Hundred Dollars and Zero Cents ($1,500.00) for each calendar day or fraction thereof after the Substantial Completion date of June 17, 2024 until the work is Substantially Complete. 2) Final Payment and Acceptance: After Substantial Completion, One Thousand, Five Hundred Dollars and Zero Cents ($1,500.00) for each calendar day or fraction thereof after July 1, 2024 until the Work is ready for Final Payment and Acceptance. ARTICLE 5. CONTRACT PRICE 5.1. OWNER shall pay CONTRACTOR for performance of the Work in accordance with the Contract Documents as follows: ($ ), 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 Invitation for Bid 9909 Mail Creek Trail Improvements Timberline to Spindlebush 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. Payments will be made using the prices stated in the Bid Form, Section 0300. In the event a service is requested that is not stated in the Bid Form, 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. 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 Invitation for Bid 9909 Mail Creek Trail Improvements Timberline to Spindlebush In order to induce OWNER to enter into this Agreement, CONTRACTOR makes the following representations: 7.1 CONTRACTOR has familiarized himself 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 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. Invitation for Bid 9909 Mail Creek Trail Improvements Timberline to Spindlebush 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: 8.2.1. Section 00300 Bid Form 8.2.2. Section 00420 Statements of Bidders Qualifications 8.2.3. Section 00430 Schedule of Subcontractors 8.2.4. Section 00510 Notice of Award 8.2.5. Section 00520 Agreement 8.2.6. Section 00530 Notice to Proceed 8.2.7. Section 00610 Performance Bond 8.2.8. Section 00615 Payment Bond 8.2.9. Section 00630 Certificate of Insurance 8.2.10. Section 00635 Certificate of Substantial Completion 8.2.11. Section 00640 Certificate of Final Acceptance 8.2.12. Section 00650 Lien Waiver Releases 8.2.13. Section 00660 Consent of SURETY 8.2.14. Section 00700 General Conditions 8.2.15. Section 00800 Supplementary Conditions 8.2.16. Section 00960 Application for Payment 8.3. Specifications, Reports & Drawings, consisting of the following exhibits: EXHIBIT A – FINAL PLANS, STAMPED SEPTEMBER 29, 2023 EXHIBIT B – MAIL CREEK TRAIL IMPROVEMENTS SPECIAL PROVISIONS, STAMPED NOVEMBER 15, 2023 Invitation for Bid 9909 Mail Creek Trail Improvements Timberline to Spindlebush EXHIBIT C – CTL THOMPSON GEOTECHNICAL TECHNICAL INVESTIGATION DATED JULY 24, 2023 (33 PAGES) EXHIBIT D – HORROCKS EROSION CONTROL REPORT DATED SEPTEMBER 13, 2023 (40 PAGES) EXHIBIT E – TIME EXTENSIONS FOR ABNORMAL WEATHER DELAY DAYS (1 PAGE) 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 business days from the date of the notice when mailed to the following addresses: Invitation for Bid 9909 Mail Creek Trail Improvements Timberline to Spindlebush Contractor: City: Copy to: Attn: Email Address City of Fort Collins Attn: Greg Oakes PO Box 580 Fort Collins, CO 80522 goakes@fcgov.com 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) Attest: Approved as to Form: Invitation for Bid 9909 Poudre Trail Spur at I-25 SECTION 00530 NOTICE TO PROCEED 9909 Mail Creek Trail Improvements Timberline to Spindlebush Description of Work: The Contract Documents provide for the construction of Bid 9909 Mail Creek Trail. The project is funded through the City of Fort Collins Conservation Trust Funds; no federal funds are associated with this project. The work includes construction of a new ½ mile 5” thick,10' wide colored concrete trail, relocation of 1,052 LF of the New Mercer Ditch, a repurposed pedestrian bridge and trail connection into the Mail Creek/Kechter Crossing Neighborhood and restoration for any areas disturbed during construction. The New Mercher Ditch relocation needs to be completed by April 15, 2024 prior to the ditch opening for the season. To: [CONTRACTOR] This notice is to advise you: That the Contract 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 date for New Mercer Ditch Work Completion is April 15, 2024 with Substantial Completion and Final Acceptance dates of June 17, 2024and July 1, 2024, 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: Invitation for Bid 9909 Poudre Trail Spur at I-25 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 Invitation for Bid 9909 Poudre Trail Spur at I-25 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 2023, a copy of which is hereto attached and made a part hereof for the performance of the City of Fort Collins Project, 9909 Mail Creek Trail Improvements Timberline to Spindlebush. 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. Invitation for Bid 9909 Poudre Trail Spur at I-25 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 Invitation for Bid 9909 Poudre Trail Spur at I-25 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 2023, a copy of which is hereto attached and made a part hereof for the performance of the City of Fort Collins Project, 9909 Mail Creek Trail Improvements Timberline to Spindlebush. 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. Invitation for Bid 9909 Poudre Trail Spur at I-25 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 Invitation for Bid 9909 Poudre Trail Spur at I-25 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 CONTRACTORCONTRACTOR'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. 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 Invitation for Bid 9909 Poudre Trail Spur at I-25 work performed under this Agreement by a subcontractor, which liability is not covered by the subcontractor's insurance. E. 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. F. 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. 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. Invitation for Bid 9909 Poudre Trail Spur at I-25 SECTION 00635 CERTIFICATE OF SUBSTANTIAL COMPLETION TO: CITY OF FORT COLLINS (OWNER) DATE OF SUBSTANTIAL COMPLETION: PROJECT TITLE: 9909 Mail Creek Trail Improvements Timberline to Spindlebush June 17, 2024 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) 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 July 1, 2024. CONTRACTOR AUTHORIZED REPRESENTATIVE DATE The OWNER accepts the Project or specified area of the Project as substantially complete and will assume full possession of the Project or specified area of the Project at 12:01 a.m., on , 20 . CITY OF FORT COLLINS, COLORADO By: OWNER AUTHORIZED REPRESENTATIVE DATE Invitation for Bid 9909 Poudre Trail Spur at I-25 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, 9909 Mail Creek Trail Improvements Timberline to Spindlebush. 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: Invitation for Bid 9909 Poudre Trail Spur at I-25 SECTION 00650 LIEN WAIVER RELEASE (CONTRACTOR) TO: City of Fort Collins, Colorado (OWNER) FROM: [CONTRACTOR] (CONTRACTOR) PROJECT: 9909 Mail Creek Trail Improvements Timberline to Spindlebush 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. Invitation for Bid 9909 Poudre Trail Spur at I-25 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) Invitation for Bid 9909 Poudre Trail Spur at I-25 SECTION 00660 CONSENT OF SURETY TO: City of Fort Collins, Colorado (hereinafter referred to as the "OWNER") CONTRACTOR: [CONTRACTOR] PROJECT: 9909 Mail Creek Trail Improvements Timberline to Spindlebush 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) Invitation for Bid 9909 Poudre Trail Spur at I-25 SECTION 00670 APPLICATION FOR EXEMPTION CERTIFICATE SECTION 00700 GENERAL CONDITIONS SECTION 00800 SUPPLEMENTARY CONDITIONS SECTION 00800 SUPPLEMENTARY CONDITIONS Conditions of the Contract These Supplementary Conditions amend or supplement the General Conditions of the Construction Contract (EJCDC General Conditions 1910-8, 1990 edition with City of Fort Collins modifications) and other provisions of the Contract Documents as indicated below. SC-1.46 Work Order A. Add the following new paragraph immediately after paragraph 1.43 of the General Conditions: 1.43 Work Order - A Contract Document once executed by OWNER and CONTRACTOR, that provides for the construction of all or a portion of the Work, pursuant to the Agreement and Contract Documents. SC-2.8 Preliminary Matters A. Delete paragraph 2.8 of the General Conditions entirely and replace it with the following paragraph: Preconstruction Conference. Within ten days after the Contract Times for a Work Order start to run, but before any Work at the site is started, a conference attended by CONTRACTOR, ENGINEER and others as appropriate will be held to establish a working relationship among the parties as to the Work and to discuss the schedules referred to in paragraph 2.6, procedures for handling Shop Drawings and other submittals, processing Applications for Payment, and maintaining required records. 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: EXHIBIT C – CTL THOMPSON GEOTECHNICAL TECHNICAL INVESTIGATION DATED JULY 24, 2023 (33 PAGES) CONTRACTOR may rely upon the accuracy of the technical data contained in the geotechnical documents, but not upon nontechnical data, interpretations or opinions contained therein or upon the completeness of any information in the report. SC-5.4.7 Additional Insureds. Include the following parties or entities as additional insureds, as provided in paragraph 5.4.7 of the General Conditions: 5.4.7.1 City of Fort Collins, PO Box 580, Fort Collins, Colorado 80522 5.4.7.2 N/A 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-8.0 Owner’s Responsibilities A. 8.1 Change reference to ENGINEER to PROJECT MANAGER B. Add the following language to ARTICLE 8: 8.10. The OWNER will provide a project manager (the Project Manager). The CONTRACTOR shall direct all questions concerning Contract interpretation, Change Orders, and other requests for clarification or instruction to the Project Manager. 8.10.1 Authority: The Project Manager will be the OWNER's representative during the construction of the project. The Project Manager shall have the authority to reject work and materials whenever such rejection may be necessary to ensure the proper performance of the Work in accordance with the Contract Documents. 8.10.2 Duties and Responsibilities: The Project Manager will make periodic visits to the project site to observe the progress and quality of the Work and to determine, in general, if the Work is proceeding in accordance with the Contract Documents. The Project Manager shall not be required to make comprehensive or continuous inspections to check the progress or quality of the Work. The Project Manager shall not be responsible for construction means, methods, techniques, sequences, or procedures, or for safety precautions or programs in connection with the Work, or for any failure of the CONTRACTOR to comply with laws and regulation applicable to the performance or furnishing of the Work. Visits and observations made by the Project Manager shall not relieve the CONTRACTOR of his obligation to conduct comprehensive inspections of the Work, to furnish materials and perform acceptable Work, and to provide adequate safety precautions in conformance with the Contract Documents. The Project Manager shall at all times have access to the Work. The CONTRACTOR shall provide facilities for such access so the Project Manager may perform his or her functions under the Contract Documents. 8.10.3 One or more Construction Inspector(s) (CI) may be assigned to assist the Project Manager in providing observation of the Work, to determine whether or not the Work is proceeding according to the construction documents. CONTRACTOR will receive written notification from the OWNER of any CI assignments. The CI shall not supervise, direct or have control or authority over, nor be responsible for, CONTRACTOR's means, methods, techniques, sequences or procedures of construction or the safety precautions and programs incident thereto, or for any failure of CONTRACTOR to comply with Laws and Regulations applicable to the furnishing or performance of the Work. The CI will not be responsible for CONTRACTOR's failure to perform or furnish the Work in accordance with the Contract Documents. The CI's dealings in matters pertaining to the on-site work will be to keep the Project Manager properly apprised about such matters. 8.10.4 Communications: All instructions, approvals, and decisions of the Project Manager shall be in writing. The CONTRACTOR may not rely on instructions, approvals, or decisions of the Project Manager until the same are reduced to writing. SC-11.6.2 Change of Contract Price A. Add the following new paragraph to paragraph 11.6.2 of the General Conditions: 11.6.2.7. Cost of the Work. Allowances for profit, overhead and mark-up prescribed by Article 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-13.12 Correction Period: 13.12.1 If within one year after the date of Substantial Completion or such longer period of time as may be prescribed by Laws or Regulations or by the terms of any applicable special guarantee required by the Contract Documents or by any specific provision of the Contract Documents, and Work is found to be defective, CONTRACTOR shall promptly, without cost to OWNER and in accordance with OWNER’s written instructions . . . SC-Confidentiality IN CONNECTION WITH SERVICES provided to the City of Fort Collins (the “City”) pursuant to this Agreement (the “Agreement”), the CONTRACTOR hereby acknowledges that it has been informed that the City has established policies and procedures with regard to the handling of confidential information and other sensitive materials. In consideration of access to certain information, data and material (hereinafter individually and collectively, regardless of nature, referred to as “information”) that are the property of and/or relate to the City or its employees, customers or suppliers, which access is related to the performance of services that the CONTRACTOR has agreed to perform, the CONTRACTOR hereby acknowledges and agrees as follows: That information that has or will come into its possession or knowledge in connection with the performance of services for the City may be confidential and/or proprietary. The CONTRACTOR agrees to treat as confidential (a) all information that is owned by the City, or that relates to the business of the City, or that is used by the City in carrying on business, and (b) all information that is proprietary to a third party (including but not limited to customers and suppliers of the City). The CONTRACTOR shall not disclose any such information to any person not having a legitimate need-to-know for purposes authorized by the City. Further, the CONTRACTOR shall not use such information to obtain any economic or other benefit for itself, or any third party, except as specifically authorized by the City. The foregoing to the contrary notwithstanding, the CONTRACTOR understands that it shall have no obligation under this Agreement with respect to information and material that (a) becomes generally known to the public by publication or some means other than a breach of duty of this Agreement, or (b) is required by law, regulation or court order to be disclosed, provided that the request for such disclosure is proper and the disclosure does not exceed that which is required. In the event of any disclosure under (b) above, the CONTRACTOR shall furnish a copy of this Agreement to anyone to whom it is required to make such disclosure and shall promptly advise the City in writing of each such disclosure. In the event that the CONTRACTOR ceases to perform services for the City, or the City so requests for any reason, the CONTRACTOR shall promptly return to the City any and all information described hereinabove, including all copies, notes and/or summaries (handwritten or mechanically produced) thereof, in its possession or control or as to which it otherwise has access. The CONTRACTOR understands and agrees that the City’s remedies at law for a breach of the CONTRACTOR’s obligations under this Confidentiality Agreement may be inadequate and that the City shall, in the event of any such breach, be entitled to seek equitable relief (including without limitation preliminary and permanent injunctive relief and specific performance) in addition to all other remedies provided hereunder or available at law. CONFIDENTIALITY IN CONNECTION WITH SERVICES provided to the City of Fort Collins (the “City”) pursuant to this Agreement (the “Agreement”), the CONTRACTOR hereby acknowledges that it has been informed that the City has established policies and procedures with regard to the handling of confidential information and other sensitive materials. In consideration of access to certain information, data and material (hereinafter individually and collectively, regardless of nature, referred to as “information”) that are the property of and/or relate to the City or its employees, customers or suppliers, which access is related to the performance of services that the CONTRACTOR has agreed to perform, the CONTRACTOR hereby acknowledges and agrees as follows: That information that has or will come into its possession or knowledge in connection with the performance of services for the City may be confidential and/or proprietary. The CONTRACTOR agrees to treat as confidential (a) all information that is owned by the City, or that relates to the business of the City, or that is used by the City in carrying on business, and (b) all information that is proprietary to a third party (including but not limited to customers and suppliers of the City). The CONTRACTOR shall not disclose any such information to any person not having a legitimate need-to-know for purposes authorized by the City. Further, the CONTRACTOR shall not use such information to obtain any economic or other benefit for itself, or any third party, except as specifically authorized by the City. The foregoing to the contrary notwithstanding, the CONTRACTOR understands that it shall have no obligation under this Agreement with respect to information and material that (a) becomes generally known to the public by publication or some means other than a breach of duty of this Agreement, or (b) is required by law, regulation or court order to be disclosed, provided that the request for such disclosure is proper and the disclosure does not exceed that which is required. In the event of any disclosure under (b) above, the CONTRACTOR shall furnish a copy of this Agreement to anyone to whom it is required to make such disclosure and shall promptly advise the City in writing of each such disclosure. In the event that the CONTRACTOR ceases to perform services for the City, or the City so requests for any reason, the CONTRACTOR shall promptly return to the City any and all information described hereinabove, including all copies, notes and/or summaries (handwritten or mechanically produced) thereof, in its possession or control or as to which it otherwise has access. The CONTRACTOR understands and agrees that the City’s remedies at law for a breach of the CONTRACTOR’s obligations under this Confidentiality Agreement may be inadequate and that the City shall, in the event of any such breach, be entitled to seek equitable relief (including without limitation preliminary and permanent injunctive relief and specific performance) in addition to all other remedies provided hereunder or available at law. SECTION 00900 CHANGE ORDERS AND PAYMENT 00950 Contract Change Order 00960 Application for Payment SECTION 00950 CHANGE ORDER NO. PROJECT TITLE: 9909 Mail Creek Trail Improvements Timberline to Spindlebush CONTRACTOR: Company Name 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 WORK ORDER % ADJUSTED COST $ .00 SERVICE PROVIDER: Date: Name, Title ACCEPTANCE: Date: Greg Oakes, Project Manager REVIEWED: Date: Adam Hill, Senior Buyer ACCEPTANCE: Date: Gerry Paul, Purchasing Director (if greater than $60,000) Section 00960 APPLICATION FOR PAYMENT PAGE 1 OF 4 OWNER: City of Fort Collins PROJECT: APPLICATION NUMBER: APPLICATION DATE: PERIOD BEGINNING: ENGINEER: CONTRACTOR: PERIOD ENDING: PROJECT NUMBER: CHANGE ORDERS Application is made for Payment as shown below in connection with Contract NUMBER DATE AMOUNT The present status of the account for this Contract is as follows: 1 2 Original Contract Amount: 3 Net Change by Change Order: Current contract Amount: $0.00 Total Completed and Stored to Date: Less Previous Applications: Amount Due this Application - Before Retainage: $0.00 Less Retainage: Net Change by Change Order $0.00 AMOUNT DUE THIS APPLICATION: $0.00 CERTIFICATION: The undersigned CONTRACTOR certifies that all obligations of CONTRACTOR incurred in connection with the Work have been satisfied as required in Paragraph 14.3. of the General Conditions of the Contract. 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 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $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 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 TOTALS CHANGE ORDERS $0.00 $0.00 $0.00 $0.00 $0.00 PROJECT TOTALS $0.00 $0.00 $0.00 $0.00 $0.00 STORED MATERIALS SUMMARY PAGE 4 OF 4 On Hand Received Installed On Hand Item Invoice Previous This This This Number Number Description Application Period Period Application $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 TOTALS $0.00 $0.00 $0.00 $0.00