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HomeMy WebLinkAboutBID - 9891 HVAC EQUIPMENT REPLACEMENTS - FIVE (5) LOCATIONS SPECIFICATIONS AND CONTRACT DOCUMENTS FOR HVAC EQUIPMENT REPLACEMENTS – FIVE (5) LOCATIONS BID NO. 9891 PURCHASING DIVISION 215 NORTH MASON STREET, 2ND FLOOR, FORT COLLINS DECEMBER 5, 2023 – 3:00 P.M. (OUR CLOCK) Financial Services Purchasing Division 215 N. Mason St. 2nd Floor PO Box 580 Fort Collins, CO 80522 970.221.6775 970.221.6707 fcgov.com/purchasing CONTRACT DOCUMENTS TABLE OF CONTENTS BID INFORMATION 00020 Notice Inviting Bids 00100 Instruction to Bidders 00300 Bid Form 00400 Supplements to Bid Forms 00410 Bid Bond 00420 Statements of Bidders Qualifications 00430 Schedule of Subcontractors 00440 CDOT Form #606, Anti-Collusion Affidavit 00450 CDOT Form #1413, Bidders List 00460 CDOT Form #1414, Anticipated DBE Participation Plan 00470 Buy America Certification 00480 Certification Regarding Lobbying 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 00660-1 00670 Application for Exemption Certificate CONDITIONS OF THE CONTRACT 00700 General Conditions Exhibit GC-A GC-A1 - GC-A2 00800 Supplementary Conditions Davis Bacon Wage Rates Federal Terms & Conditions 00900 Addenda, Modifications, and Payment 00950 Contract Change Order 00960 Application for Payment SPECIFICATIONS DRAWINGS PROJECT 1 – CITY HALL CHILLER MECHANICAL M0.1 GENERAL INFORMATION M0.2 SPECIFICATIONS M0.3 SPECIFICATIONS CONT'D MD1.4 ROOF MECHANICAL DEMOLITION PLAN - BASE BID MD1.5 ROOF MECHANICAL DEMOLITION PLAN - ADD ALTERNATE 1 M1.4 ROOF MECHANICAL PLAN - BASE BID M1.5 ROOF MECHANICAL PLAN - ADD ALTERNATE 1 M5.1 DIAGRAMS AND SCHEDULES - BASE BID M5.2 DIAGRAMS AND SCHEDULES - ADD ALTERNATE 1 M6.1 STRUCTURAL DETAILS ELECTRICAL E0.1 GENERAL INFORMATION E0.2 GENERAL INFORMATION E0.3 SPECIFICATIONS ED1.1 ROOF DEMOLITION PLAN E1.1 ELECTRICAL PLANS E2.1 ONE-LINE AND SCHEDULES PROJECT 2 – MUSEUM OF DISCOVERY M0.01 MECHANICAL SPECIFICATIONS M1.01 MECHANICAL SCHEDULES & DETAILS M3.01 MECHANICAL FLOOR PLANS M5.01 PIPING DIAGRAM M6.01 CONTROLS E0.01 ELECTRICAL LEGENDS, NOTES, AND ABBREVIATIONS E0.02 ELECTRICAL SCHEDULES AND DETAILS E3.01 ELECTRICAL FLOOR PLANS PROJECT 3 – TRAFFIC OPERATIONS RTU M0.00 MECHANICAL LEGEND & GENERAL NOTES M1.01 MECHANICAL SCHEDULES MD2.01 DEMO PLAN M2.01 MECHANICAL FLOOR PLAN M3.01 MECHANICAL PIPING PLAN M5.01 PIPING DIAGRAMS M6.01 CONTROL DIAGRAMS M7.01 MECHANICAL DETAILS M7.02 MECHANICAL DETAILS M7.03 MECHANICAL DETAILS E0.00 ELECTRICAL LEGENDS, NOTES AND ABBREVIATIONS E0.01 ELECTRICAL SCHEDULES AND DETAILS E3.01 ELECTRICAL FLOOR PLAN ED3.01 DEMO PLAN CONSTRUCTION DOCUMENT SPECIFICATION PROJECT 4 – EDORA POOL AND ICE CENTER (EPIC) AHU M0.1 GENERAL INFORMATION M0.2 SPECIFICATIONS M0.3 SPECIFICATIONS CONT'D M1.1 SECOND FLOOR MECHANICAL PLAN - BASE BID M1.2 SECOND FLOOR MECHANICAL PLAN - ADD ALTERNATE 1 M1.3 POOL SUPPLY ROOM MECHANICAL PLAN - ADD ALTERNATE 1 M5.1 SCHEDULES AND DIAGRAMS M5.2 SCHEDULES AND DIAGRAMS - ADD ALTERNATE 1 E0.1 GENERAL INFORMATION E0.2 GENERAL INFORMATION E0.3 SPECIFICATIONS ED1.1 ELECTRICAL DEMOLITION PLANS E2.1 MAIN MECHANICAL ROOM ELECTRICAL PLAN E2.2 UPPER LEVEL POOL EQUIPMENT ELECTRICAL PLANS E2.3 UPPER LEVEL POOL EQUIPMENT ROOM POWER PLAN WEST E4.1 PARTIAL ONE-LINE DIAGRAM AND SCHEDULES PROJECT 5 – FORT COLLINS POLICE SERVICES (FCPS) DATA ROOM M0.00 MECHANICAL LEGEND & GENERAL NOTES M1.01 MECHANICAL SCHEDULES MD2.01 MECHANICAL DEMO PLANS M2.01 MECHANICAL FLOOR PLANS M5.01 MECHANICAL PIPING DIAGRAM M6.01 CONTROLS M6.02 CONTROLS M7.01 MECHANICAL DETAILS M7.02 MECHANICAL DETAILS M7.03 MECHANICAL DETAILS M7.04 AHU SECTION VIEWS E0.00 ELECTRICAL LEGENDS, NOTES AND ABBREVIATIONS E0.01 ELECTRICAL SCHEDULES ED2.01 ELECTRICAL DEMO PLANS E2.01 ELECTRICAL FLOOR PLANS CONSTRUCTION DOCUMENT SPECIFICATIONS SECTION 00020 INVITATION TO BID SECTION 00020 INVITATION TO BID 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 public 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 to join the ZOOM meeting: Topic: 9891 BID OPENING - HVAC Equipment Replacement - 5 Locations Time: Dec 5, 2023 03:00 PM Mountain Time (US and Canada) Join Zoom Meeting https://us02web.zoom.us/j/81720509701?pwd=dkprb1lTeHhHa0lJQnhQU0VUTE5wZz09 Meeting ID: 817 2050 9701 Passcode: 400722 --- One tap mobile +17193594580,,81720509701#,,,,*400722# US +16699009128,,81720509701#,,,,*400722# US (San Jose) --- Dial by your location • +1 719 359 4580 US • +1 669 900 9128 US (San Jose) • +1 253 205 0468 US • +1 253 215 8782 US (Tacoma) • +1 346 248 7799 US (Houston) • +1 669 444 9171 US • +1 386 347 5053 US • +1 507 473 4847 US • +1 564 217 2000 US • +1 646 558 8656 US (New York) • +1 646 931 3860 US • +1 689 278 1000 US • +1 301 715 8592 US (Washington DC) • +1 305 224 1968 US • +1 309 205 3325 US • +1 312 626 6799 US (Chicago) • +1 360 209 5623 US Meeting ID: 817 2050 9701 Passcode: 400722 Find your local number: https://us02web.zoom.us/u/kdNrLorEye The Contract Documents provide for the construction of Bid 9891 HVAC Equipment Replacements – Five (5) Locations. The scope of work consists of the following: -Project 1 – City Hall Chiller Replacement -Project 2 – Museum of Discovery Boiler Replacement -Project 3 – Traffic Operations RTU Replacement -Project 4 – Edora Pool and Ice Center (EPIC) AHU Replacement -Project 5 – Fort Collins Police Services (FCPS) Data Room HVAC Replacement Selected Contractor is responsible for any required temporary heat/cooling, temporary enclosures, demolition, procurement, shoring, hoisting and installation required to complete the work. See Attachments for all project construction requirements. Normal City business hours are 7:00AM – 4:00PM. The selected Contractor is required to make provisions in their BID for any work that is required to be done outside of normal work hours or on the weekends. The selected Contractor is required to communicate with the City Project Manager 48 hours in advance for any schedule adjustments. Part of the Bid submittal is to provide an anticipated schedule for the project. The project will be funded with Federal American Recover Plan Act (ARPA) funds. Davis Bacon Wage requirements apply. Bidders must complete, sign and submit with the bid all documents in Sections 00300 and 00400 including but not limited to CDOT Bidding forms 606, 1413 and 1414, Buy America Certificate, and Lobbying Certificate with the bid. Bids will not be accepted if these documents are not included. The City encourages all disadvantaged business enterprises to submit bid in response to all invitations and will not be discriminated against on the grounds of race, color, national origin. A MANDATORY pre-bid conference and job walk with representatives of prospective Bidders will be held at 10:00AM MT, on November 15, 2023. The group will proceed together to each of the five (5) sites. It is anticipated that the job walk will take the entire day to complete. The schedule will be as follows: 10:00 AM MT – MEET AT OPERATION SERVICES BUILDING LOCATED AT 300 LAPORTE AVE, FORT COLLINS, CO 80521 BLDG. B. Group will be escorted by a City representative to the 2nd floor Operation Services Training Room. Site 1 – City Hall – 300 Laporte Ave., Fort Collins, CO 80521 Site 2 – Museum of Discovery – 408 Mason Ct., Fort Collins, CO 80524 Site 3 – Traffic Operations – 626 Linden St., Fort Collins, CO 80524 Site 4 – Edora Pool and Ice Center (EPIC) – 1801 Riverside Ave., Fort Collins, CO 80525 Site 5 – Fort Collins Police Services – 2221 S. Timberline Rd., Fort Collins, CO 80525 ***ALL PROSPECTIVE BIDDERS ARE REQUIRED TO BRING A SAFETY VEST TO WEAR THROUGHOUT THE PREBID MEETING. Prospective Bidders are invited to present their questions relative to this Bid proposal at this meeting. All questions must be submitted in writing via email to Stu Reeve at sreeve@fcgov.com , with a copy to Jake Rector, Senior Buyer at jrector@fcgov.com, no later than 3:00 PM our clock on November 22, 2023. Questions received after this deadline may not be answered. The Contract Documents and Construction Drawings may be examined online at: 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 forty-five (45) 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 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 SECTION 00100 INSTRUCTIONS TO BIDDERS SECTION 00100 INSTRUCTIONS TO BIDDERS 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, 00410 through 00480 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 including financial data, a summary of previous experience (Reference Attachment 1 Part 1 Section 1.9.A and page 4 of this Bid under Project Description for additional Contractor qualifications), previous commitments and evidence of authority to conduct business in the jurisdiction where the Project is located. Each Bid must contain evidence of Bidder's qualification to do business in the state where the Project is located or covenant to obtain such qualification prior to award of the contract. The Statement of Qualifications shall be prepared on the form provided in Section 00420. 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 he has handled former Work so that no just claims are pending against such Work. No Bid will be accepted from a Bidder who is engaged on any other Work which would impair his ability to perform or finance this Work. 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 himself with local conditions that may in any manner affect cost, progress or performance of the Work, (c) familiarize himself 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. Reference is made to the Supplementary Conditions for identification of: Subsurface and Physical Conditions SC-4.2. 4.3. 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 Engineer and the OWNER. Interpretation or clarifications considered necessary in response to such questions will be issued only by Addenda. Questions received less than seven days prior to the date for opening of the Bids may not be answered. 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 should be directed to the Engineer. Questions regarding 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. Addenda will be mailed or delivered to all parties recorded by the OWNER as having received the Bidding documents. 6.0 BID SECURITY 6.1. Each Bid must be accompanied by Bid Security made payable to OWNER in the amount stated in the Invitation to Bid. The required security must be in the form of a certified or bank cashier's check payable to OWNER or a Bid Bond on the form enclosed herewith. The Bid Bond must be executed by a surety meeting the requirements of the General Conditions for surety bonds. 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 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 the thirty-first day 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 within seven days after the Bid opening. 7.0 CONTRACT TIME. The number of days within which, or the date by which the Work is to be substantially complete and also completed and ready for Final Payment (the Contract Times) are set forth in the Agreement and defined in Section 00300 Bid Form, Section 13. 8.0 LIQUIDATED DAMAGES. Provisions for liquidated damages are set forth in the Agreement. 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 supplemented in the General Requirements. 10.0 SUBCONTRACTORS, SUPPLIERS AND OTHERS 10.1. Each Bidder shall submit at the Bid opening to OWNER a list of principal subcontractors he proposes to use in the Work. Refer to Section 00430 contained within these Documents. 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 revocation of such acceptance after the effective date of the Agreement as provided in the General Conditions. 10.3. CONTRACTOR shall not be required to employ any subcontractor, supplier or other persons or organizations against whom he has reasonable objection. The use of subcontractors listed by the Bidder and accepted by OWNER prior to the Notice of Award will be required in the performance of the Work. 11.0 BID FORM. 11.1 A copy of the Bid Form is bound in the Contract Documents which may be retained by the Bidder. A separate unbound copy is enclosed for submission with the Bid. 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. 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, his title must appear under his 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. 11.8. The address and telephone number for communications regarding the Bid shall be shown. 12.0 BID PRICING. Bids must be priced as set forth in the Bid Schedule or Schedules. 13.0 SUBMISSION OF BIDS. 13.1. Bids shall be submitted at the time and place indicated in the Invitation to Bid and must be submitted online through the Rocky Mountain E-Purchasing System (RMEPS) at http://bidnetdirect.com/colorado/city-of-fort-collins. 13.2. Bids received after the time and date for receipt of Bids will not be accepted. Bidder shall assume full responsibility for timely submittal of the Bid. 13.3. Oral, telephonic, telegraphic, 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 by an appropriate document duly executed (in a manner that a Bid must be executed) and delivered to the place where Bids are to be submitted at any time prior to the opening of Bids. 14.2. Bids may also be modified or withdrawn in person by the Bidder or an authorized representative provided he can prove his identity and authority at any time prior to the opening of Bids. 14.3. 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 OPENINGS OF BIDS. Bids will be opened and (unless obviously non-responsive) read aloud publicly as indicated in the Invitation to Bid. An abstract of the amounts of the Base Bids and major alternates (if any) will be made available 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 and return the Bid Security 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. Discrepancies between the indicated sum of any column of figures and the correct sum thereof will be resolved in favor of the correct sum. 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. 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 bid will be awarded at the City's sole discretion based on the lowest responsive and responsible bid for the base bid with or without any alternates. The City reserves the right to award only the base bid amount or the base bid amount with any combination of alternates. 17.6. If the Contract is to be awarded, OWNER will give the Successful Bidder a Notice of Award within forty-five (45) days after the date of the Bid opening. 18.0 CONTRACT SECURITY. The General Conditions and the Supplementary Conditions set forth OWNER's requirements as to performance and other Bonds. When the Successful Bidder delivers the executed Agreement to the OWNER, it shall be accompanied by the required Contract Security. 19.0 SIGNING OF AGREEMENT. When OWNER gives a Notice of Award to the Successful Bidder, it will be accompanied by the Agreement with all other written Contract Documents attached. Within fifteen (15) days thereafter, CONTRACTOR shall sign the Agreement and attached documents to OWNER with the required Bonds. Within ten (10) days thereafter, OWNER shall execute the Agreement. 20.0 TAXES. OWNER is exempt from Colorado State Sales and Use Taxes on materials and equipment to be incorporated in the Work. Said taxes shall not be included in the Contract Price. Reference is made to the General and Supplementary Conditions. 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 and Risk Management Division or the City Clerk's office. A. Cement Restrictions: City of Fort Collins Resolution 91-121 requires that suppliers and producers of cement or products containing cement to certify that the cement was not made in cement kilns that burn hazardous waste as a fuel. 23.0 COLLUSIVE OR SHAM BIDS. Any Bid deemed by the City in its sole discretion to be a collusive or sham Bid will be rejected and reported to authorities as such. Your authorized signature of this Bid assures that such Bid is genuine and is not a collusive or sham Bid. 24.0 BID RESULTS. Bid results will be posted at http://www.bidnetdirect.com/colorado/city-of-fort-collins. END OF SECTION SECTION 00300 BID FORM SECTION 00300 BID FORM PROJECT: 9891 HVAC Equipment Replacements – Five (5) Locations Place: 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 Invitation to Bid and Instructions to Bidders, the Agreement, the detailed Specifications, and the Drawings pertaining to the Work to be done, all of which have been examined by the undersigned. 3. Accompanying this Bid is a certified or cashier's check or standard 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 the award of the contract is delivered to him at 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 or Bid Schedules subject to changes as provided in the Contract Documents. 7. The undersigned Bidder hereby acknowledges receipt of Addenda No. through . 8. The undersigned Bidder hereby acknowledges the documents listed below are required elements of the bid and must be submitted with the bid. The City may reject any incomplete bids as non-responsive. - Bid Form (Section 00300) - Certified or Cashier’s Check Bid Bond (Item 3 above and Section 00410) - Acknowledgement of Bid Addenda (Item 7 above) - Statement of Bidder's Qualifications (Section 00420) - Schedule of Subcontractors (Section 00430) o Fill out one for each project. - CDOT Form #606, Anti-Collusion Affidavit (Section 00440) - CDOT Form #1413, Bidders List (Section 00450) - CDOT Form #1414, Anticipated DBE Participation Plan (Section 00460) - Buy America/Build America Certification (Section 00470) - Appendix A, 49 CFR Part 20, Certification Regarding Lobbying (Section 00480) 9. PROJECT DETAIL See Attachments for Construction Drawing. PROJECT 1 – CITY HALL CHILLER MECHANICAL M0.1 GENERAL INFORMATION M0.2 SPECIFICATIONS M0.3 SPECIFICATIONS CONT'D MD1.4 ROOF MECHANICAL DEMOLITION PLAN - BASE BID MD1.5 ROOF MECHANICAL DEMOLITION PLAN - ADD ALTERNATE 1 M1.4 ROOF MECHANICAL PLAN - BASE BID M1.5 ROOF MECHANICAL PLAN - ADD ALTERNATE 1 M5.1 DIAGRAMS AND SCHEDULES - BASE BID M5.2 DIAGRAMS AND SCHEDULES - ADD ALTERNATE 1 M6.1 STRUCTURAL DETAILS ELECTRICAL E0.1 GENERAL INFORMATION E0.2 GENERAL INFORMATION E0.3 SPECIFICATIONS ED1.1 ROOF DEMOLITION PLAN E1.1 ELECTRICAL PLANS E2.1 ONE-LINE AND SCHEDULES PROJECT 2 – MUSEUM OF DISCOVERY M0.01 MECHANICAL SPECIFICATIONS M1.01 MECHANICAL SCHEDULES & DETAILS M3.01 MECHANICAL FLOOR PLANS M5.01 PIPING DIAGRAM M6.01 CONTROLS E0.01 ELECTRICAL LEGENDS, NOTES, AND ABBREVIATIONS E0.02 ELECTRICAL SCHEDULES AND DETAILS E3.01 ELECTRICAL FLOOR PLANS PROJECT 3 – TRAFFIC OPERATIONS RTU M0.00 MECHANICAL LEGEND & GENERAL NOTES M1.01 MECHANICAL SCHEDULES MD2.01 DEMO PLAN M2.01 MECHANICAL FLOOR PLAN M3.01 MECHANICAL PIPING PLAN M5.01 PIPING DIAGRAMS M6.01 CONTROL DIAGRAMS M7.01 MECHANICAL DETAILS M7.02 MECHANICAL DETAILS M7.03 MECHANICAL DETAILS E0.00 ELECTRICAL LEGENDS, NOTES AND ABBREVIATIONS E0.01 ELECTRICAL SCHEDULES AND DETAILS E3.01 ELECTRICAL FLOOR PLAN ED3.01 DEMO PLAN CONSTRUCTION DOCUMENT SPECIFICATION PROJECT 4 – EDORA POOL AND ICE CENTER (EPIC) AHU M0.1 GENERAL INFORMATION M0.2 SPECIFICATIONS M0.3 SPECIFICATIONS CONT'D M1.1 SECOND FLOOR MECHANICAL PLAN - BASE BID M1.2 SECOND FLOOR MECHANICAL PLAN - ADD ALTERNATE 1 M1.3 POOL SUPPLY ROOM MECHANICAL PLAN - ADD ALTERNATE 1 M5.1 SCHEDULES AND DIAGRAMS M5.2 SCHEDULES AND DIAGRAMS - ADD ALTERNATE 1 E0.1 GENERAL INFORMATION E0.2 GENERAL INFORMATION E0.3 SPECIFICATIONS ED1.1 ELECTRICAL DEMOLITION PLANS E2.1 MAIN MECHANICAL ROOM ELECTRICAL PLAN E2.2 UPPER LEVEL POOL EQUIPMENT ELECTRICAL PLANS E2.3 UPPER LEVEL POOL EQUIPMENT ROOM POWER PLAN WEST E4.1 PARTIAL ONE-LINE DIAGRAM AND SCHEDULES PROJECT 5 – FORT COLLINS POLICE SERVICES (FCPS) DATA ROOM M0.00 MECHANICAL LEGEND & GENERAL NOTES M1.01 MECHANICAL SCHEDULES MD2.01 MECHANICAL DEMO PLANS M2.01 MECHANICAL FLOOR PLANS M5.01 MECHANICAL PIPING DIAGRAM M6.01 CONTROLS M6.02 CONTROLS M7.01 MECHANICAL DETAILS M7.02 MECHANICAL DETAILS M7.03 MECHANICAL DETAILS M7.04 AHU SECTION VIEWS E0.00 ELECTRICAL LEGENDS, NOTES AND ABBREVIATIONS E0.01 ELECTRICAL SCHEDULES ED2.01 ELECTRICAL DEMO PLANS E2.01 ELECTRICAL FLOOR PLANS CONSTRUCTION DOCUMENT SPECIFICATIONS 10. DETAILED PRICING BREAKDOWN At the City’s option the basis of award is the low responsive and responsible Bidder based on the Lump Sum total price at the bottom of this sheet. The division prices will only be utilized to evaluate bid response to help assess if scope of bid appears complete and assess the status of work complete on the Pay Application Schedule of Values. Please provide a Lump Sum total price for the project as well as the individual Division prices requested below. Having examined documents prepared by Farnsworth Group dated October 13, 2023 and ICONERGY LTD dated September 15, 2023 and having reviewed site conditions, applicable codes and all conditions affecting and governing the work, the Undersigned Contractor hereby offers to provide all engineering, labor, materials, transportation, services and equipment necessary and incidental to properly execute required work of the Contract Documents for the sum of: A. BID SCHEDULE PROJECT 1 – City Hall Chiller City Hall Chiller No. Item Description Quantity Unit of Measurement Unit Price Extended Cost Base Bid 1.01 Mobilization 1 LS $ - 1.02 General Conditions 1 LS $ - 2.01 Demolition 1 LS $ - 5.01 Metals 1 LS $ - 9.01 Coatings 1 LS $ - 23.01 Mechanical Materials (including capture and disposal of refrigerant) 1 LS $ - 23.02 Mechanical Labor 1 LS $ - 26.01 Electrical Materials 1 LS $ - 26.02 Electrical Labor 1 LS $ - SUBTOTAL BASE BID $ - Total Base Bid Project 1 In Words: ____________________________________________________________________________ ________________________________________________________________________________________________________ Alternate #1 - Chilled Water Pumps 2.01 Demolition 1 LS $ - 3.01 Concrete 1 LS $ - 9.01 Coatings 1 LS $ - 23.01 Mechanical Materials (including capture and disposal of refrigerant) 1 LS $ - 23.02 Mechanical Labor 1 LS $ - 26.01 Electrical Materials 1 LS $ - 26.02 Electrical Labor 1 LS $ - SUBTOTAL Alternate 1 $ - Total City Hall Chiller Base Bid + Alternate 1 $ - Total Project 1 w/ Alternates In Words: _________________________________________________________________ ______________________________________________________________________________________________________ PROJECT 2 – Museum of Discovery Museum of Discovery No. Item Description Quantity Unit of Measurement Unit Price Extended Cost Base Bid 1.01 Mobilization 1 LS $ - 1.02 General Conditions 1 LS $ - 2.01 Demolition 1 LS $ - 23.01 Mechanical Materials 1 LS $ - 23.02 Mechanical Labor 1 LS $ - 26.01 Electrical Materials 1 LS $ - 26.02 Electrical Labor 1 LS $ - SUBTOTAL BASE BID $ - Total Base Bid Project 2 In Words: __________________________________________________________________ Alternate #1 - Boiler 2 Replacement 2.01 Demolition 1 LS $ - 23.01 Mechanical Materials 1 LS $ - 23.02 Mechanical Labor 1 LS $ - 26.01 Electrical Materials 1 LS $ - 26.02 Electrical Labor 1 LS $ - SUBTOTAL Alternate 1 $ - Alternate #2 - HW Pumps 1 & 2 Replacement 2.01 Demolition 1 LS $ - 3.01 Concrete 1 LS 23.01 Mechanical Materials 1 LS $ - 23.02 Mechanical Labor 1 LS $ - 26.01 Electrical Materials 1 LS $ - 26.02 Electrical Labor 1 LS $ - SUBTOTAL Alternate 2 $ - Alternate #3 - Expansion Tank and Isolation Valve Replacement 2.01 Demolition 1 LS $ - 23.01 Mechanical Materials 1 LS $ - 23.02 Mechanical Labor 1 LS $ - 26.01 Electrical Materials 1 LS $ - 26.02 Electrical Labor 1 LS $ - SUBTOTAL Alternate 3 $ - Alternate #4 - HW System Vavles, Gauges, DDC Hardware 2.01 Demolition 1 LS $ - 23.01 Mechanical Materials 1 LS $ - 23.02 Mechanical Labor 1 LS $ - 26.01 Electrical Materials 1 LS $ - 26.02 Electrical Labor 1 LS $ - SUBTOTAL Alternate 4 $ - Total Museum of Discovery Base Bid + Alt 1 + Alt 2 + Alt 3 + Alt 4 $ - Total Project 2 w/ Alternates In Words: ______________________________________________________________ PROJECT 3 – Traffic Operations Traffic Operations RTU Replacement No. Item Description Quantity Unit of Measurement Unit Price Extended Cost Base Bid 1.01 Mobilization 1 LS $ - 1.02 General Conditions 1 LS $ - 2.01 Demolition 1 LS $ - 23.01 Mechanical Materials (including capture and disposal of refrigerant) 1 LS $ - 23.02 Mechanical Labor 1 LS $ - 23.03 Plumbing Materials 1 LS $ - 23.04 Plumbing Labor 1 LS $ - 26.01 Electrical Materials 1 LS $ - 26.02 Electrical Labor 1 LS $ - SUBTOTAL BASE BID $ - Total Traffic Operations RTU Base Bid $ - Total Project 3 Base Bid In Words: _______________________________________________________________________ PROJECT 4 – Edora Pool and Ice Center (EPIC) EPIC AHU No. Item Description Quantity Unit of Measurement Unit Price Extended Cost Base Bid 1.01 Mobilization 1 LS $ - 1.02 General Conditions 1 LS $ - 2.01 Demolition 1 LS $ - 3.01 Concrete 1 LS $ - 5.01 Metals 1 LS $ - 23.01 Mechanical Materials 1 LS $ - 23.02 Mechanical Labor 1 LS $ - 26.01 Electrical Materials 1 LS $ - 26.02 Electrical Labor 1 LS $ - SUBTOTAL BASE BID $ - Total Project 4 Base Bid In Words: ____________________________________________________________ ________________________________________________________________________________________ Alternate #1 2.01 Demolition 1 LS $ - 3.01 Concrete 1 LS $ - 5.01 Metals 1 LS $ - 23.01 Mechanical Materials 1 LS $ - 23.02 Mechanical Labor 1 LS $ - 26.01 Electrical Materials 1 LS $ - 26.02 Electrical Labor 1 LS $ - SUBTOTAL Alternate 1 $ - Total EPIC AHU Base Bid + Alternate 1 $ - Total Project 4 w/ Alternate In Words: ________________________________________________________ ________________________________________________________________________________________ PROJECT 5 – FCPS Data Room FCPS Data Room Replacement No. Item Description Quantity Unit of Measurement Unit Price Extended Cost Base Bid 1.01 Mobilization 1 LS $ - 1.02 General Conditions 1 LS $ - 2.01 Demolition 1 LS $ - 23.01 Mechanical Materials (including capture and disposal of refrigerant) 1 LS $ - 23.02 Mechanical Labor 1 LS $ - 23.03 Plumbing Materials 1 LS $ - 23.04 Plumbing Labor 1 LS $ - 26.01 Electrical Materials 1 LS $ - 26.02 Electrical Labor 1 LS $ - SUBTOTAL BASE BID $ - Total FCPS Base Bid $ - Total Project 5 Base Bid In Words: __________________________________________________________________ ______________________________________________________________________________________________ TOTAL ALL 5 BASE BIDS COMBINED: $_______________________ TOTAL ALL 5 BASE BIDS IN WORDS: ________________________________ _________________________________________________________________ *WARRANTY: PRICING INCLUDES WARRANTY ON ALL EQUIPMENT, MATERIALS, LABOR AND OTHER WORK PROVIDED UNDER THIS AGREEMENT, EXCEPT CITY- FURNISHED OR EXISTING MATERIALS, EQUIPMENT AND LABOR, AGAINST DEFECTS AND NONCONFORMANCES IN DESIGN, MATERIALS AND WORKMANSHIP/WORKWOMANSHIP FOR A PERIOD, THE LONGER OF; I.) THE ORIGINAL MANUFACTURER’S WARRANTY TERM; OR II.) BEGINNING FROM COMPLETION OF WORK AND ENDING TWENTY FOUR (24) MONTHS FROM AND AFTER FINAL ACCEPTANCE UNDER THE AGREEMENT, REGARDLESS WHETHER THE SAME WERE FURNISHED OR PERFOREMD BY CONTRACTOR OR BY ANY OF ITS SUBCONTRACTORS OF ANY TIER.* C. ADDITIONAL WORK 1. If additional work outside the specification is needed the City shall pay the hourly rates indicated below. If work within the scope of this Agreement is requested in overtime, City shall pay only the difference between regular time and overtime hours at the hourly rates indicated below (Davis Bacon Wages Requirement) BILLING RATE APPRENTICE MASTER/ JOURNEY TEAM Regular Time $.......... $.......... $.......... Overtime Premium at 1.7 $.......... $.......... $.......... Overtime Premium (Double Time) $.......... $.......... $.......... 2. Prime Contractor Labor and Material Mark Up: _____________% 3. Subcontractor Mark Up: ____________% 11. ALTERNATE (DEDUCT) Provide a lump sum deduct per project base bid if awarded all five (5) projects. A. Traffic _(-$_____________)_ B. City Hall _(-$_____________)_ C. EPIC _(-$_____________)_ D. Museum _(-$_____________)_ E. Fort Collins Police Services _(-$_____________)_ 12. BIDDER’S PROPOSED CONSTRUCTION SCHEDULE A. UNDERSIGNED CONTRACTOR IS REQUIRED TO SUBMIT A COMPLETION SCHEDULE FOR EACH PROJECT THAT INCLUDES PROCUREMENT, PERMITTING, SUBMITTAL DEVELOPMENT, FABRICATION/SHIPPING AND PHYSICAL ON-SITE WORK. a. The Owner understands that material lead times will have a significant impact on the delivery of work. As such, a partial notice to proceed is anticipated to be issued for submittals, fabrication, and material procurement. Construction Notice to Proceed documents will be issued for each project, based upon the respective project procurement schedule. The Contractor shall incorporate material procurement lead times into the proposed schedule submitted with this Bid. b. Substantial Completion Work Schedule for Each Project are as Follows, following the Construction Notice to Proceed. Restrictions on time of year for installations are listed for each respective project. The Contractor shall include all restrictions in the proposed project schedule: 1. City Hall – Work to be done between October-April BASE BID HAS FORTY FIVE (45) CALENDAR DAYS FROM CONSTRUCTION NOTICE TO PROCEED ALTERNATE WILL EXTEND TWENTY (20) CALENDAR DAYS IF AWARDED 2. Museum of Discovery – Work to be done between May-September THIRTY (30) CALENDAR DAYS FROM CONSTRUCTION NOTICE TO PROCEED EACH ALTERNATE AWARDED WILL EXTEND SUBSTANTIAL COMPLETION BY FIVE (5) CALENDAR DAYS 3. Traffic RTU – No Restrictions on Time of Year SIXTY (60) CALENDAR DAYS FROM CONSTRUCTION NOTICE TO PROCEED 4. EPIC – No Restrictions on Time of Year SIXTY (60) CALENDAR DAYS FROM CONSTRUCTION NOTICE TO PROCEED THE BUILDING WILL ONLY BE UNOCCUPIED FOR THIRTY (30) DAYS DURING THE DURATION OF THE PROJECT AWARD OF ALTERNATE DOES NOT EXTEND CONTRACT COMPLETION TIME 5. Fort Collins Police Services – No Restrictions on Time of Year NINETY (90) CALENDAR DAYS FROM CONSTRUCTION NOTICE TO PROCEED NOTE: PROVIDE A DETAILED LIST OF ANY EXCLUSIONS YOU HAVE FOR COMPLETING THE SCOPE OF WORK NOTED IN THE BID DOCUMENTS. 14. PRICES The foregoing prices shall include all labor, materials, transportation, shoring, removal, dewatering, overhead, profit, insurance, etc., to cover the complete Work in place of the several kinds called for. Bidder acknowledges that the OWNER has the right to delete items in the Bid or change quantities at his 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. RESPECTFULLY SUBMITTED: CONTRACTOR BY: Printed Date Title License Number (If Applicable) (Seal - if Bid is by corporation) Attest: Address Telephone Email SECTION 00400 SUPPLEMENTS TO BID FORMS 00410 Bid Bond 00420 Statement of Bidder's Qualifications 00430 Schedule of Subcontractors 00440 CDOT Form #606, Anti-Collusion Affidavit 00450 CDOT Form #1413, Bidders List 00460 CDOT Form #1414, Anticipated DBE Participation Plan 00470 Buy America Certification 00480 Appendix A, 49 CFR Part 20, Certification Regarding Lobbying SECTION 00410 BID BOND KNOW ALL MEN 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, 9891 HVAC Equipment Replacements – Five (5) Locations. NOW THEREFORE, (a) If said Bid shall be rejected, or (b) If said Bid shall be accepted and the Principal shall execute and deliver a Contract in the form of Contract attached hereto (properly completed in accordance with said Bid) and shall furnish a BOND for his 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. 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) 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 he desires. 1. Name of Bidder: 2. Permanent main office address: 3. When organized: 4. If a corporation, where incorporated: 5. How many years have you been engaged in the contracting business under your present firm or trade name? 6. Contracts on hand: (Schedule these, showing the amount of each contract and the appropriate anticipated dates of completion.) 7. General character of Work performed by your company: 8. Have you ever failed to complete any Work awarded to you? If so, where and why? 9. Have you ever defaulted on a contract? If so, where and why? 10. Are you debarred by any government agency? If yes list agency name. 11. List the more important projects recently completed by your company, stating the approximate cost of each, and the month and year completed, location and type of construction. 12. List your major equipment available for this contract. 13. Experience in construction Work similar in importance to this project: 14. Background and experience of the principal members of your organization, including officers: 15. Credit available: $ 16. Bank Reference: 17. Will you, upon request, fill out a detailed financial statement and furnish any other information that may be required by the OWNER? 18. Are you licensed as a General Contractor? If yes, in what city, county and state? What class, license and numbers? 19. Do you anticipate subcontracting Work under this Contract? If yes, what percent of total contract? And to whom? 20. Are any lawsuits pending against you or your firm at this time? IF yes, DETAIL 21. The City requires Commercial General and Vehicle Liability coverage no less that $1,000,000 combined single limits for each occurrence. Can you meet these requirements? Who is your insurance carrier? 22. What are your company's bonding limitations? 23. 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. Dated at ________________ this ______ day of __________________, 20__. Company: By: Printed: Title: State of County of being duly sworn deposes and says that he is of (Name) (Organization) and that the answers to the foregoing questions and all statements therein contained are true and correct. Subscribed and sworn to before me this _______ day of____________, 20__. (Seal) Notary Public My commission expires: . SECTION 00430 SCHEDULE OF SUBCONTRACTORS List all subcontractors for the work items listed below and all subcontractors performing over 15% of the contract. COMPLETE ONE PER PROJECT. ITEM / ESTIMATED % OF PROJECT SUBCONTRACTOR SECTION 00440 SECTION 00450 SECTION 00460 SECTION 00470 BUY AMERICA/BUILD AMERICA The contractor agrees to comply with 49 U.S.C. 5323(j) and 49 C.F.R. Part 661, which provide that Federal funds may not be obligated unless steel, iron, and manufactured products used in FTA-funded projects are produced in the United States, unless a waiver has been granted by FTA or the product is subject to a general waiver. General waivers are listed in 49 C.F.R. 661.7, and include final assembly in the United States for 15 passenger vans and 15 passenger wagons produced by Chrysler Corporation, and microcomputer equipment and software. Separate requirements for rolling stock are set out at 49 U.S.C. 5323(j)(2)(C) and 49 C.F.R. 661.11. Rolling stock must be assembled in the United States and have a 60 percent domestic content. Build America, Buy America Act. Construction materials used in the Project are subject to the domestic preference requirement of the Build America, Buy America Act. Pub. L. 117-58, div. G, tit. IX 70911 – 70927 (2021), as implemented by the U.S. Office of Management and Budget, the U.S. Department of Transportation, and FTA. The Recipient acknowledges that this agreement is neither a waiver of 70914(a) nor a finding under 70914(b). A bidder or offeror must submit to the FTA recipient the appropriate Buy America certification (below) with all bids or offers on FTA-funded contracts, except those subject to a general waiver. Bids or offers that are not accompanied by a completed Buy America certification must be rejected as nonresponsive. This requirement does not apply to lower tier subcontractors. BIDDER MUST SIGN ONE (1) OF THE FOLLOWING: Certification requirement for procurement of steel, iron, or manufactured products. Certificate of Compliance with 49 U.S.C. 5323(j)(1) The bidder or offeror hereby certifies that it will meet the requirements of 49 U.S.C. 5323(j)(1) and the applicable regulations in 49 C.F.R. Part 661.5. Date _______________________________________________________________________ Signature ____________________________________________________________________ Company Name _______________________________________________________________ Title ________________________________________________________________________ Certificate of Non-Compliance with 49 U.S.C. 5323(j)(1) The bidder or offeror hereby certifies that it cannot comply with the requirements of 49 U.S.C. 5323(j)(1) and 49 C.F.R. 661.5, but it may qualify for an exception pursuant to 49 U.S.C. 5323(j)(2)(A), 5323(j)(2)(B), or 5323(j)(2)(D), and 49 C.F.R. 661.7. Date _______________________________________________________________________ Signature ____________________________________________________________________ Company Name ______________________________________________________________ Title ________________________________________________________________________ SECTION 00480 APPENDIX A, 49 CFR PART 20--CERTIFICATION REGARDING LOBBYING Certification for Contracts, Grants, Loans, and Cooperative Agreements (To be submitted with each bid or offer exceeding $100,000) The undersigned [Contractor] certifies, to the best of his or her knowledge and belief, that: (1) No Federal appropriated funds have been paid or will be paid, by or on behalf of the undersigned, to any person for influencing or attempting to influence an officer or employee of an agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with the awarding of any Federal contract, the making of any Federal grant, the making of any Federal loan, the entering into of any cooperative agreement, and the extension, continuation, renewal, amendment, or modification of any Federal contract, grant, loan, or cooperative agreement. (2) If any funds other than Federal appropriated funds have been paid or will be paid to any person for making lobbying contacts to an officer or employee of any agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with this Federal contract, grant, loan, or cooperative agreement, the undersigned shall complete and submit Standard Form--LLL, "Disclosure Form to Report Lobbying," in accordance with its instructions [as amended by "Government wide Guidance for New Restrictions on Lobbying," 61 Fed. Reg. 1413 (1/19/96). Note: Language in paragraph (2) herein has been modified in accordance with Section 10 of the Lobbying Disclosure Act of 1995 (P.L. 104-65, to be codified at 2 U.S.C. 1601, et seq.)] (3) The undersigned shall require that the language of this certification be included in the award documents for all subawards at all tiers (including subcontracts, subgrants, and contracts under grants, loans, and cooperative agreements) and that all subrecipients shall certify and disclose accordingly. This certification is a material representation of fact upon which reliance was placed when this transaction was made or entered into. Submission of this certification is a prerequisite for making or entering into this transaction imposed by 31, U.S.C. § 1352 (as amended by the Lobbying Disclosure Act of 1995). Any person who fails to file the required certification shall be subject to a civil penalty of not less than $10,000 and not more than $100,000 for each such failure. [Note: Pursuant to 31 U.S.C. § 1352(c)(1)-(2)(A), any person who makes a prohibited expenditure or fails to file or amend a required certification or disclosure form shall be subject to a civil penalty of not less than $10,000 and not more than $100,000 for each such expenditure or failure.] The Contractor, ________________ ___, certifies or affirms the truthfulness and accuracy of each statement of its certification and disclosure, if any. In addition, the Contractor understands and agrees that the provisions of 31 U.S.C. A 3801, et seq., apply to this certification and disclosure, if any. __________________________ Signature of Contractor's Authorized Official __________________________ Name and Title of Contractor's Authorized Official ___________________________ Date SECTION 00500 AGREEMENT FORMS 00510 Notice of Award 00520 Agreement 00530 Notice to Proceed SECTION 00510 NOTICE OF AWARD DATE: [Date] TO: [Contractor] PROJECT: 9891 HVAC Equipment Replacements – Five (5) Locations OWNER: CITY OF FORT COLLINS (hereinafter referred to as "the OWNER") You are hereby notified that your Bid dated [Contractor's Bid Date] for the above project has been considered. You are the apparent successful Bidder and have been awarded an Agreement for 9891 HVAC Equipment Replacements – Five (5) Locations. The Price of your Agreement is ($ ). One (1) electronic copy of each of the proposed Contract Documents (except Drawings) accompany this Notice of Award. One (1) set of the electronic drawings will be delivered separately or otherwise made available to you immediately. You must comply with the following conditions precedent within fifteen (15) days of the date of this Notice of Award, that is by [Date]. 1. You must deliver to the OWNER one (1) fully executed counterparts of the Agreement including all the Contract Documents. Each of the Contract Documents must bear your signature on the cover of the page. 2. You must deliver with the executed Agreement the Contract Security (Bonds) as specified in the Instructions to Bidders, General Conditions (Article 5.1) and Supplementary Conditions. 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. Within ten (10) days after you comply with those conditions, OWNER will return to you one (1) fully-signed counterpart of the Agreement with the Contract Documents attached. City of Fort Collins OWNER By: Gerry Paul Purchasing Director 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 9891 HVAC Equipment Replacements – Five (5) Locations. ARTICLE 2. ENGINEER The Project has been designed by ______________, who is hereinafter called ENGINEER and who will assume all duties and responsibilities and will have the rights and authority assigned to ENGINEER in the Contract Documents in connection with completion of the Work in accordance with the Contract Documents. ARTICLE 3. CONTRACT TIMES 3.1 The Work shall be Substantially Complete within ( ) calendar days after the date when the Contract Times commence to run as provided in the General Conditions and completed and ready for Final Payment and Acceptance in accordance with the General Conditions within ( ) calendar days after the date when the Contract Times commence to run. 3.2. Liquidated Damages. OWNER and CONTRACTOR recognize that time is of the essence of this Agreement and that OWNER will suffer financial loss if the Work is not completed within the times specified in paragraph 3.1. above, plus any extensions thereof allowed in accordance with Article 12 of the General Conditions. They also recognize the delays, expenses and difficulties involved in proving in a legal 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) Substantial Completion: FIVE HUNDRED Dollars ($500) for each calendar day or fraction thereof that expires after MONTH DATE, YEAR for Substantial Completion of the Work until the Work is Substantially Complete. 2) Final Acceptance: After Substantial Completion, FIVE HUDNRED Dollars ($500) for each calendar day or fraction thereof that expires after thirty (30) days for Final Payment and Acceptance until the Work is ready for Final Payment and Acceptance. ARTICLE 4. CONTRACT PRICE 4.1 OWNER shall pay CONTRACTOR for performance of the Work in accordance with the Contract Documents in current funds as follows: ($ ), in accordance with Section 00300, attached and incorporated herein by this reference. ARTICLE 5. PAYMENT PROCEDURES CONTRACTOR shall submit Applications for Payment in accordance with Article 14 of the General Conditions. Applications for Payment will be processed by ENGINEER as provided in the General Conditions. 5.1. PROGRESS PAYMENTS. OWNER shall make progress payments on account of the Contract Price on the basis of CONTRACTOR's Application for Payment as recommended by ENGINEER, once each month during construction as provided below. All progress payments will be on the basis of the progress of the Work measured by the schedule of values established in paragraph 2.6 of the General Conditions and in the case of Unit Price Work based on the number of units completed, and in accordance with the General Requirements concerning Unit Price Work. 5.1.1. Prior to Substantial Completion, Owner will be entitled to withhold as contract retainage five percent (5%) of each progress payment, but, in each case, less the aggregate of payments previously made and less such amounts as ENGINEER shall determine, or OWNER may withhold, in accordance with paragraph 14.7 of the General Conditions. If , in the sole discretion of Owner, on recommendation of Engineer, Owner determines that the character and progress of the Work have been satisfactory to OWNER and ENGINEER, OWNER may determine that as long as the character and progress of the Work remain satisfactory to them, there will be no additional retainage on account of Work completed in which case the remaining progress payments prior to Substantial Completion will be in an amount equal to 100% of the Work completed. 95% of materials and equipment not incorporated in the Work (but delivered, suitably stored and accompanied by documentation satisfactory to OWNER as provided in paragraph 14.2 of the General Conditions) may be included in the application Section 00520 Page 3 for payment. 5.1.2. Upon Substantial Completion payment will be made in an amount sufficient, if necessary, to increase total payments to CONTRACTOR to 95% of the Contract Price, less such amounts as ENGINEER shall determine or OWNER may withhold in accordance with paragraph 14.7 of the General Conditions or as provided by law. 5.2. FINAL PAYMENT. Upon Final Completion and Acceptance of the Work in accordance with paragraph 14.13 of the General Conditions, OWNER shall pay the remainder of the Contract Price as recommended by ENGINEER as provided in said paragraph 14.13. ARTICLE 6. CONTRACTOR'S REPRESENTATION In order to induce OWNER to enter into this Agreement, CONTRACTOR makes the following representations: 6.1. CONTRACTOR has familiarized himself with the nature and extent of the Contract Documents, Work, site, locality, and with all local conditions and Laws and Regulations that in any manner may affect cost, progress, performance or furnishing of the Work. 6.2. CONTRACTOR has studied carefully all reports of explorations and tests of subsurface conditions and drawings of physical conditions which are identified in the Supplementary Conditions as provided in paragraph 4.2 of the General Conditions. 6.3. CONTRACTOR has obtained and carefully studied (or assumes responsibility for obtaining and carefully studying) all such examinations, investigations, explorations, tests, reports, and studies (in addition to or to supplement those referred to in paragraph 6.2 above) which pertain to the subsurface or physical condition at or contiguous to the site or otherwise may affect the cost, progress, performance or furnishing of the Work as CONTRACTOR considers necessary for the performance or furnishing of the Work at the Contract Price, within the Contract Times and in accordance with the other terms and conditions of the Contract Documents, including specifically the provisions of paragraph 4.2 of the General Conditions; and no additional examinations, investigations, explorations, tests, reports, studies or similar information or data are or will be required by CONTRACTOR for such purposes. 6.4. CONTRACTOR has reviewed and checked all information and data shown or indicated on the Contract Documents with respect to existing Underground Facilities at or contiguous to the site and assumes responsibility for the accurate location of said Underground Facilities. No additional examinations, investigations, explorations, tests, reports, studies or similar information or data in respect of said Underground Facilities are or will be required by CONTRACTOR in order to perform and furnish the Work at the Contract Price, within the Contract Times and in accordance with the other terms and conditions of the Contract Documents, including specifically the provision of paragraph 4.3. of the General Conditions. 6.5. CONTRACTOR has correlated the results of all such observations, examinations, investigations, tests, reports and data with the terms and conditions of the Contract Documents. 6.6. CONTRACTOR has given ENGINEER written notice of all conflicts, errors or discrepancies that he has discovered in the Contract Documents and the written resolution thereof by ENGINEER is acceptable to CONTRACTOR. ARTICLE 7. CONTRACT DOCUMENTS 7.1 The Contract Documents which comprise the entire Agreement between OWNER and CONTRACTOR concerning the Work consist of the General Conditions, Supplementary Conditions, those items included in the definition of “Contract Documents” in Article 1.10 of the General Conditions, and such other items as are referenced in this Article 7, all of which are incorporated herein by this reference. 7.2 Forms for use by CONTRACTOR in performing the Work and related actions in carrying out the terms of this Agreement are deemed Contract Documents and incorporated herein by this reference, and include, but are not limited to, the following: 7.2.1 Certificate of Substantial Completion 7.2.2 Certificate of Final Acceptance 7.2.3 Lien Waiver Releases 7.2.4 Consent of Surety 7.2.5 Application for Exemption Certificate 7.2.6 Application for Payment 7.3 Drawings, consisting of a cover sheet and sheets numbered as follows: DRAWINGS: PROJECT 1 – CITY HALL CHILLER MECHANICAL M0.1 GENERAL INFORMATION M0.2 SPECIFICATIONS M0.3 SPECIFICATIONS CONT'D MD1.4 ROOF MECHANICAL DEMOLITION PLAN - BASE BID MD1.5 ROOF MECHANICAL DEMOLITION PLAN - ADD ALTERNATE 1 M1.4 ROOF MECHANICAL PLAN - BASE BID M1.5 ROOF MECHANICAL PLAN - ADD ALTERNATE 1 M5.1 DIAGRAMS AND SCHEDULES - BASE BID M5.2 DIAGRAMS AND SCHEDULES - ADD ALTERNATE 1 M6.1 STRUCTURAL DETAILS ELECTRICAL E0.1 GENERAL INFORMATION E0.2 GENERAL INFORMATION E0.3 SPECIFICATIONS ED1.1 ROOF DEMOLITION PLAN E1.1 ELECTRICAL PLANS E2.1 ONE-LINE AND SCHEDULES PROJECT 2 – MUSEUM OF DISCOVERY M0.01 MECHANICAL SPECIFICATIONS M1.01 MECHANICAL SCHEDULES & DETAILS M3.01 MECHANICAL FLOOR PLANS M5.01 PIPING DIAGRAM M6.01 CONTROLS E0.01 ELECTRICAL LEGENDS, NOTES, AND ABBREVIATIONS E0.02 ELECTRICAL SCHEDULES AND DETAILS E3.01 ELECTRICAL FLOOR PLANS PROJECT 3 – TRAFFIC OPERATIONS RTU M0.00 MECHANICAL LEGEND & GENERAL NOTES M1.01 MECHANICAL SCHEDULES MD2.01 DEMO PLAN M2.01 MECHANICAL FLOOR PLAN M3.01 MECHANICAL PIPING PLAN M5.01 PIPING DIAGRAMS M6.01 CONTROL DIAGRAMS M7.01 MECHANICAL DETAILS M7.02 MECHANICAL DETAILS M7.03 MECHANICAL DETAILS E0.00 ELECTRICAL LEGENDS, NOTES AND ABBREVIATIONS E0.01 ELECTRICAL SCHEDULES AND DETAILS E3.01 ELECTRICAL FLOOR PLAN ED3.01 DEMO PLAN CONSTRUCTION DOCUMENT SPECIFICATION PROJECT 4 – EDORA POOL AND ICE CENTER (EPIC) AHU M0.1 GENERAL INFORMATION M0.2 SPECIFICATIONS M0.3 SPECIFICATIONS CONT'D M1.1 SECOND FLOOR MECHANICAL PLAN - BASE BID M1.2 SECOND FLOOR MECHANICAL PLAN - ADD ALTERNATE 1 M1.3 POOL SUPPLY ROOM MECHANICAL PLAN - ADD ALTERNATE 1 M5.1 SCHEDULES AND DIAGRAMS M5.2 SCHEDULES AND DIAGRAMS - ADD ALTERNATE 1 E0.1 GENERAL INFORMATION E0.2 GENERAL INFORMATION E0.3 SPECIFICATIONS ED1.1 ELECTRICAL DEMOLITION PLANS E2.1 MAIN MECHANICAL ROOM ELECTRICAL PLAN E2.2 UPPER LEVEL POOL EQUIPMENT ELECTRICAL PLANS E2.3 UPPER LEVEL POOL EQUIPMENT ROOM POWER PLAN WEST E4.1 PARTIAL ONE-LINE DIAGRAM AND SCHEDULES PROJECT 5 – FORT COLLINS POLICE SERVICES (FCPS) DATA ROOM M0.00 MECHANICAL LEGEND & GENERAL NOTES M1.01 MECHANICAL SCHEDULES MD2.01 MECHANICAL DEMO PLANS M2.01 MECHANICAL FLOOR PLANS M5.01 MECHANICAL PIPING DIAGRAM M6.01 CONTROLS M6.02 CONTROLS M7.01 MECHANICAL DETAILS M7.02 MECHANICAL DETAILS M7.03 MECHANICAL DETAILS M7.04 AHU SECTION VIEWS E0.00 ELECTRICAL LEGENDS, NOTES AND ABBREVIATIONS E0.01 ELECTRICAL SCHEDULES ED2.01 ELECTRICAL DEMO PLANS E2.01 ELECTRICAL FLOOR PLANS CONSTRUCTION DOCUMENT SPECIFICATIONS 7.4. Addenda Numbers to , inclusive. 7.5. The Contract Documents also include all written amendments and other documents amending, modifying, or supplementing the Contract Documents pursuant to paragraphs 3.5 and 3.6 of the General Conditions. 7.6. There are no Contract Documents other than those listed or incorporated by reference in this Article 7. The Contract Documents may only be amended, modified or supplemented as provided in paragraphs 3.5 and 3.6 of the General Conditions. ARTICLE 8. MISCELLANEOUS 8.1. Terms used in this Agreement which are defined in Article I of the General Conditions shall have the meanings indicated in the General Conditions. 8.2. No assignment by a party hereto of any rights under or interests in the Contract Documents will be binding on another party hereto without the written consent of the party sought to be bound; and specifically but not without limitations, moneys that may become due and moneys that are due may not be assigned without such consent (except to the extent that the effect of this restriction may be limited by law), and unless specifically stated to the contrary in any written consent to an assignment no assignment will release or discharge that assignor from any duty or responsibility under the Contract Document. 8.3. OWNER and CONTRACTOR each binds itself, its partners, successors, assigns and legal representatives to the other party hereto, its partners, successors, assigns and legal representatives in respect to all covenants, Agreement and obligations contained in the Contract Document. OWNER: CITY OF FORT COLLINS CONTRACTOR: [CONTRACTOR] By: PRINTED By: GERRY PAUL Title: PURCHASING DIRECTOR Date: Date: Attest: (CORPORATE SEAL) City Clerk Address for giving notices: P. O. Box 580 Fort Collins, CO 80522 Attest: Approved as to Form Address for giving notices: Assistant City Attorney License No.: SECTION 00530 NOTICE TO PROCEED Description of Work: 9891 HVAC Equipment Replacements – Five (5) Locations 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. That the OWNER has approved the said Contract Documents. Therefore, as the CONTRACTOR for the above described Work, you are hereby authorized and directed to proceed within ( ) calendar days from receipt of this notice as required by the Agreement. Dated this day of , 20 . The dates for Substantial Completion and Final Acceptance shall be , 20_ and , 20__, respectively. 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: 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 SECTION 00610 PERFORMANCE BOND Bond No. KNOW ALL MEN BY THESE PRESENTS: that (firm) (address) (an Individual), (a Partnership), (a Corporation), hereinafter referred to as the "Principal" and (Firm) (Address) hereinafter referred to as "the Surety", are held and firmly bound unto City of Fort Collins, 300 Laporte Ave, Fort Collins, Colorado 80522 a (Municipal Corporation) hereinafter referred to as the "OWNER", in the penal sum of ($ ) in lawful money of the United States, for the payment of which sum well and truly to be made, we bind ourselves, successors and assigns, jointly and severally, firmly by these presents. THE CONDITIONS OF THIS OBLIGATION are such that whereas the Principal entered into a certain Agreement with the OWNER, dated the [Day] 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, 9891 HVAC Equipment Replacements – Five (5) Locations. 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 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 CONTRACTOR shall abridge the right of any beneficiary hereunder, whose claim may be unsatisfied. PROVIDED, FURTHER, that the Surety Company must be authorized to transact business in the State of Colorado and be acceptable to the OWNER. IN WITNESS WHEREOF, this instrument is executed in three (3) counterparts, each one of which shall be deemed an original, 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. SECTION 00615 PAYMENT BOND Bond No. KNOW ALL MEN BY THESE PRESENTS: that (firm) (address) (an Individual), (a Partnership), (a Corporation), hereinafter referred to as the "Principal" and (Firm) (Address) hereinafter referred to as "the Surety", are held and firmly bound unto the City of Fort Collins, 300 Laporte Ave., Fort Collins, Colorado 80522 a (Municipal Corporation) hereinafter referred to as "the OWNER", in the penal sum of ($ ) in lawful money of the United States, for the payment of which sum well and truly to be made, we bind ourselves, successors and assigns, jointly and severally, firmly by these presents. THE CONDITIONS OF THIS OBLIGATION are such that whereas the Principal entered into a certain Agreement with the OWNER, dated the [Day] 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, 9891 HVAC Equipment Replacements – Five (5) Locations. 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 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 CONTRACTOR shall abridge the right of any beneficiary hereunder, whose claim may be unsatisfied. PROVIDED, FURTHER, that the Surety Company must be authorized to transact business in the State of Colorado and be acceptable to the OWNER. IN WITNESS WHEREOF, this instrument is executed in three (3) counterparts, each one of which shall be deemed an original, 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. SECTION 00630 CERTIFICATE OF INSURANCE CONTRACTOR shall insert his own standard form for Certificate of Insurance in accordance with the following requirements: 1. The Contractor will provide, from insurance companies acceptable to the City, the insurance coverage designated hereinafter and pay all costs. Before commencing work under this bid, the Contractor shall furnish the City with certificates of insurance showing the type, amount, class of operations covered, effective dates and date of expiration of policies, and containing substantially the following statement: “The insurance evidenced by this Certificate will not reduce coverage or limits and will not be cancelled, except after thirty (30) days written notice has been received by the City of Fort Collins.” In case of the breach of any provision of the Insurance Requirements, the City, at its option, may take out and maintain, at the expense of the Contractor, such insurance as the City may deem proper and may deduct the cost of such insurance from any monies which may be due or become due the Contractor under this Agreement. The City, its officers, agents and employees shall be named as additional insureds on the Contractor 's general liability and automobile liability insurance policies for any claims arising out of work performed under this Agreement. 2. Insurance coverages shall be as follows: A. Workers' Compensation & Employer's Liability. The Contractor shall maintain during the life of this Agreement for all of the Contractor's employees engaged in work performed under this agreement: 1. Workers' Compensation insurance with statutory limits as required by Colorado law. 2. Employer's Liability insurance with limits of $100,000 per accident, $500,000 disease aggregate, and $100,000 disease each employee. B. Commercial General & Vehicle Liability. The Contractor shall maintain during the life of this Agreement such commercial general liability and automobile liability insurance as will provide coverage for damage claims of personal injury, including accidental death, as well as for claims for property damage, which may arise directly or indirectly from the performance of work under this Agreement. Coverage for property damage shall be on a "broad form" basis. The amount of insurance for each coverage, Commercial General and Vehicle, shall not be less than $1,000,000 combined single limits for bodily injury and property damage. 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 SECTION 00635 CERTIFICATE OF SUBSTANTIAL COMPLETION TO: CITY OF FORT COLLINS (OWNER) DATE OF SUBSTANTIAL COMPLETION: PROJECT TITLE: 9891 HVAC Equipment Replacements – Five (5) Locations 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 contract has been inspected by authorized representatives of the OWNER, CONTRACTOR, and the ENGINEER and the project or specified part of the project, as indicated above) is hereby declared to be substantially completed on the above date. A tentative list of items to be completed or corrected is appended hereto. This list may not be exhaustive, and the failure to include an item on it does not alter the responsibility of the CONTRACTOR to complete all the Work in accordance with the Contract Documents. ENGINEER AUTHORIZED REPRESENTATIVE DATE The CONTRACTOR accepts the above Certificate of Substantial Completion and agrees to complete and correct the items on the tentative list within the time indicated. CONTRACTOR AUTHORIZED REPRESENTATIVE DATE The OWNER accepts the project or specified area of the project as substantially complete and will assume full possession of the project or specified area of the project at 12:01 a.m., on . The responsibility for heat, utilities, security, and insurance under the Contract Documents shall be as set forth under "Remarks" below. CITY OF FORT COLLINS, COLORADO By: OWNER AUTHORIZED REPRESENTATIVE DATE REMARKS: SECTION 00640 CERTIFICATE OF FINAL ACCEPTANCE , 20__ TO: [Contractor] Gentlemen: 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, 9891 HVAC Equipment Replacements – Five (5) Locations. A check is attached hereto in the amount of $ as Final Payment for all Work done, subject to the terms of the Contract Documents which are dated [Contract Date]. In conformance with the Contract Documents for this project, your obligations and guarantees will continue for the specified time from the following date:____________ _, 20__. Sincerely, OWNER: City of Fort Collins By: Title: ATTEST: Title: SECTION 00650 LIEN WAIVER RELEASE (CONTRACTOR) TO: City of Fort Collins, Colorado (OWNER) FROM: [Contractor] (CONTRACTOR) PROJECT: 9891 HVAC Equipment Replacements – Five (5) Locations 1. The CONTRACTOR acknowledges having received payment, except retainage from the OWNER for all work, labor, skill and material furnished, delivered and performed by the CONTRACTOR for the OWNER or for anyone in the construction, design, improvement, alteration, addition or repair of the above described project. 2. In consideration of such payment and other good and valuable consideration, the receipt and adequacy of which are hereby acknowledged, the CONTRACTOR voluntarily waives all rights, claims and liens, including but not limited to, mechanic's liens, Miller Act claims (40 U.S.C.A. 270 a and b), stop notices, equitable liens and labor and material bond rights which the CONTRACTOR may now or may afterward have, claim or assert for all and any work, labor, skill or materials furnished, delivered or performed for the construction, design, improvement, alteration, addition or repair of the above described project, against the OWNER or its officers, agents, employees or assigns, against any fund of or in the possession or control of the OWNER, against the project or against all land and the buildings on and appurtenances to the land improved by the project. 3. The CONTRACTOR affirms that all work, labor and materials, furnished, delivered or performed to or for the construction, design, improvement, alteration, addition or repair of the project were furnished, delivered or performed by the CONTRACTOR or its agents, employees, and servants, or by and through the CONTRACTOR by various Subcontractors or materialmen or their agents, employees and servants and further affirms the same have been paid in full and have released in full any and all existing or possible future mechanic's liens or rights or claims against the project or any funds in the OWNER'S possession or control concerning the project or against the OWNER or its officers, agents, employees or assigns arising out of the project. 4. The CONTRACTOR agrees to defend and hold harmless the OWNER, the lender, if any, and the Surety on the project against and from any claim hereinafter made by the CONTRACTOR'S Subcontractors, materialmen, employees, servants, agents or assigns against the project or against the OWNER or its officers, employees, agents or assigns arising out of the project for all loss, damage and costs, including reasonable attorneys fees, incurred as a result of such claims. 5. The parties acknowledge that the description of the project set forth above constitutes and 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 labor and material bonds for the project. Signed this day of , 20__. CONTRACTOR: [CONTRACTOR] By: Title: ATTEST: Secretary STATE OF COLORADO ) )ss. COUNTY OF LARIMER ) Subscribed and sworn to before me this day of 20__, by . Witness my hand and official seal. Notary Public My Commission Expires: SECTION 00660 CONSENT OF SURETY TO: City of Fort Collins, Colorado (hereinafter referred to as the "OWNER") CONTRACTOR: [Contractor] PROJECT: 9891 HVAC Equipment Replacements – Five (5) Locations CONTRACT DATE: [Date] In accordance with the provisions of the Contract between the OWNER and the CONTRACTOR as indicated above, for . (Surety) on bond of hereby approves of the Final Payment to the CONTRACTOR, and agrees that Final Payment to the CONTRACTOR shall not relieve the Surety Company of any of its obligations to the OWNER, as set forth in the said Surety Company's Bond. IN WITNESS WHEREOF, the Surety Company has hereunto set its hand this day of , 20____ . (Surety Company) By: ATTACH: Power of Attorney and Certificate of Authority of Attorney(s)-in-Fact. 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-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: N/A 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. B. 4.2.1.2.1 No drawing of physical conditions in or relating to existing surface or subsurface structures (except Underground Facilities referred to in Paragraph 4.3) which are at or contiguous to the site have been utilized by the Engineer in preparation of the Contract Documents, except the following: 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 below are as follows: 5.4.1 and 5.4.2 Coverage A - Statutory Limits Coverage B - $100,000/$100,000/$500,000 5.4.3 and 5.4.5 Commercial General Liability policy will have limits of $1,000,000 combined single limits (CSL). This policy will include coverage for Explosion, Collapse, and Underground coverage unless waived by the Owner. 5.4.6 The Comprehensive Automobile Liability Insurance policy will have limits of $1,000,000 combined single limits (CSL). 5.4.9 This policy will include completed operations coverage/product liability coverage with limits of $1,000,000 combined single limits (CSL). SC-8.10 OWNER’s Project Manager A. Add the following language to ARTICLE 8: 8.10. The OWNER will provide a 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 set forth in the OWNER's Capital Project Procedures Manual. 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 Resident Construction Inspector(s) (RCI) 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 RCI assignments. The RCI 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 RCI will not be responsible for CONTRACTOR's failure to perform or furnish the Work in accordance with the Contract Documents. The RCI'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-12.3 Add the following language to the end of paragraph 12.3. Contractor will include in the project schedule zero (0) days lost due to abnormal weather conditions. Any weather day claims must be submitted via email to the Project Manager within (24) hours of such claim. SC-13.12 Correction Period: A. Remove paragraph 13.12.1 and replace with: If within two 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, any Work is found to be defective, CONTRACTOR shall promptly, without cost to OWNER and in accordance with OWNER’s written instructions: (i) correct such defective Work, or if it has been rejected by OWNER, remove it from the site and replace it with Work that is not defective, and (ii) satisfactorily correct or remove and replace any damage to other Work or the work of others resulting therefrom. If CONTRACTOR does not promptly comply with the terms of such instructions, or in an emergency where delay would cause serious risk of loss or damage, OWNER may have the defective Work corrected or rejected Work removed and replaced, and all claims, costs, losses and damages caused by or resulting from such removal and replacement (including but not limited to all costs of repairs or replacement of work of others) will be paid by CONTRACTOR. SC-DB Davis Bacon Wage Rates A. The terms and conditions set forth in the following pages are hereby incorporated as part of this Agreement. SC-FED Federal Terms & Conditions A. The terms and conditions set forth in the following pages are hereby incorporated as part of this Agreement. DAVIS BACON WAGE RATES "General Decision Number: CO20230024 09/01/2023 Superseded General Decision Number: CO20220024 State: Colorado Construction Type: Building County: Larimer County in Colorado. BUILDING CONSTRUCTION PROJECTS (does not include single family homes or apartments up to and including 4 stories). Note: Contracts subject to the Davis-Bacon Act are generally required to pay at least the applicable minimum wage rate required under Executive Order 14026 or Executive Order 13658. Please note that these Executive Orders apply to covered contracts entered into by the federal government that are subject to the Davis-Bacon Act itself, but do not apply to contracts subject only to the Davis-Bacon Related Acts, including those set forth at 29 CFR 5.1(a)(2)-(60). ______________________________________________________________ |If the contract is entered |. Executive Order 14026 | |into on or after January 30, | generally applies to the | |2022, or the contract is | contract. | |renewed or extended (e.g., an |. The contractor must pay | |option is exercised) on or | all covered workers at | |after January 30, 2022: | least $16.20 per hour (or | | | the applicable wage rate | | | listed on this wage | | | determination, if it is | | | higher) for all hours | | | spent performing on the | | | contract in 2023. | |______________________________|_____________________________| |If the contract was awarded on|. Executive Order 13658 | |or between January 1, 2015 and| generally applies to the | |January 29, 2022, and the | contract. | |contract is not renewed or |. The contractor must pay all| |extended on or after January | covered workers at least | |30, 2022: | $12.15 per hour (or the | | | applicable wage rate listed| | | on this wage determination,| | | if it is higher) for all | | | hours spent performing on | | | that contract in 2023. | |______________________________|_____________________________| The applicable Executive Order minimum wage rate will be adjusted annually. If this contract is covered by one of the Executive Orders and a classification considered necessary for performance of work on the contract does not appear on this wage determination, the contractor must still submit a conformance request. Additional information on contractor requirements and worker protections under the Executive Orders is available at http://www.dol.gov/whd/govcontracts. Modification Number Publication Date 0 01/06/2023 1 01/13/2023 2 02/24/2023 3 04/07/2023 4 05/12/2023 5 06/02/2023 6 07/07/2023 7 09/01/2023 ELEC0068-002 06/01/2023 Rates Fringes ELECTRICIAN......................$ 43.20 18.38 ---------------------------------------------------------------- ELEV0025-001 01/01/2023 Rates Fringes ELEVATOR MECHANIC................$ 51.94 37.335 FOOTNOTE: a.Vacation: 6%/under 5 years based on regular hourly rate for all hours worked. 8%/over 5 years based on regular hourly rate for all hours worked. b. PAID HOLIDAYS: New Year's Day; Memorial Day; Independence Day; Labor Day; Veterans' Day; Thanksgiving Day; the Friday after Thanksgiving Day; and Christmas Day. ---------------------------------------------------------------- ENGI0009-017 05/01/2023 Rates Fringes POWER EQUIPMENT OPERATOR (Crane) 141 tons and over...........$ 38.63 14.25 50 tons and under...........$ 34.77 14.25 51 to 90 tons...............$ 35.07 14.25 91 to 140 tons..............$ 36.27 14.25 ---------------------------------------------------------------- IRON0024-009 05/01/2023 Rates Fringes IRONWORKER, ORNAMENTAL...........$ 35.24 12.50 ---------------------------------------------------------------- IRON0024-010 05/01/2023 Rates Fringes IRONWORKER, STRUCTURAL...........$ 35.24 12.50 ---------------------------------------------------------------- PAIN0079-009 08/01/2022 Rates Fringes PAINTER (Spray)..................$ 25.11 10.95 ---------------------------------------------------------------- PAIN0419-002 06/01/2022 Rates Fringes FLOOR LAYER: Carpet Only.........$ 16.25 14.33 ---------------------------------------------------------------- * PLUM0003-010 06/01/2023 Rates Fringes PLUMBER (Excludes HVAC Duct and Pipe Installation)...........$ 42.98 19.77 ---------------------------------------------------------------- PLUM0208-011 06/01/2023 Rates Fringes PIPEFITTER (Includes HVAC Pipe Installation; Excludes HVAC Duct Installation)..........$ 41.50 19.72 ---------------------------------------------------------------- SHEE0009-007 07/01/2023 Rates Fringes SHEET METAL WORKER (Includes HVAC Duct Installation; Excludes HVAC Pipe Installation)....................$ 38.47 20.83 ---------------------------------------------------------------- * SUCO2013-010 07/31/2015 Rates Fringes ACOUSTICAL CEILING MECHANIC......$ 21.08 0.00 BRICKLAYER.......................$ 21.96 0.00 CARPENTER (Drywall Finishing/Taping Only)...........$ 17.49 0.00 CARPENTER (Drywall Hanging Only)............................$ 16.91 0.00 CARPENTER, Excludes Acoustical Ceiling Installation, Drywall Finishing/Taping, and Drywall Hanging..........................$ 21.87 4.83 CEMENT MASON/CONCRETE FINISHER...$ 21.44 10.23 INSULATOR - MECHANICAL (Duct, Pipe & Mechanical System Insulation)...............$ 18.46 3.10 LABORER: Common or General......$ 13.87 ** 2.80 LABORER: Mason Tender - Brick...$ 15.99 ** 0.00 LABORER: Mason Tender - Cement/Concrete..................$ 16.00 ** 0.00 LABORER: Pipelayer..............$ 16.96 3.68 OPERATOR: Backhoe/Excavator/Trackhoe.......$ 20.78 5.78 OPERATOR: Bobcat/Skid Steer/Skid Loader................$ 18.58 2.42 OPERATOR: Grader/Blade..........$ 21.50 0.00 PAINTER (Brush and Roller).......$ 17.00 1.81 ROOFER...........................$ 16.03 ** 0.00 TRUCK DRIVER: Dump Truck........$ 17.34 0.00 ---------------------------------------------------------------- WELDERS - Receive rate prescribed for craft performing operation to which welding is incidental. ================================================================ ** Workers in this classification may be entitled to a higher minimum wage under Executive Order 14026 ($16.20) or 13658 ($12.15). Please see the Note at the top of the wage determination for more information. Note: Executive Order (EO) 13706, Establishing Paid Sick Leave for Federal Contractors applies to all contracts subject to the Davis-Bacon Act for which the contract is awarded (and any solicitation was issued) on or after January 1, 2017. If this contract is covered by the EO, the contractor must provide employees with 1 hour of paid sick leave for every 30 hours they work, up to 56 hours of paid sick leave each year. Employees must be permitted to use paid sick leave for their own illness, injury or other health-related needs, including preventive care; to assist a family member (or person who is like family to the employee) who is ill, injured, or has other health-related needs, including preventive care; or for reasons resulting from, or to assist a family member (or person who is like family to the employee) who is a victim of, domestic violence, sexual assault, or stalking. Additional information on contractor requirements and worker protections under the EO is available at https://www.dol.gov/agencies/whd/government-contracts. Unlisted classifications needed for work not included within the scope of the classifications listed may be added after award only as provided in the labor standards contract clauses (29CFR 5.5 (a) (1) (ii)). ---------------------------------------------------------------- The body of each wage determination lists the classification and wage rates that have been found to be prevailing for the cited type(s) of construction in the area covered by the wage determination. The classifications are listed in alphabetical order of ""identifiers"" that indicate whether the particular rate is a union rate (current union negotiated rate for local), a survey rate (weighted average rate) or a union average rate (weighted union average rate). Union Rate Identifiers A four letter classification abbreviation identifier enclosed in dotted lines beginning with characters other than ""SU"" or ""UAVG"" denotes that the union classification and rate were prevailing for that classification in the survey. Example: PLUM0198-005 07/01/2014. PLUM is an abbreviation identifier of the union which prevailed in the survey for this classification, which in this example would be Plumbers. 0198 indicates the local union number or district council number where applicable, i.e., Plumbers Local 0198. The next number, 005 in the example, is an internal number used in processing the wage determination. 07/01/2014 is the effective date of the most current negotiated rate, which in this example is July 1, 2014. Union prevailing wage rates are updated to reflect all rate changes in the collective bargaining agreement (CBA) governing this classification and rate. Survey Rate Identifiers Classifications listed under the ""SU"" identifier indicate that no one rate prevailed for this classification in the survey and the published rate is derived by computing a weighted average rate based on all the rates reported in the survey for that classification. As this weighted average rate includes all rates reported in the survey, it may include both union and non-union rates. Example: SULA2012-007 5/13/2014. SU indicates the rates are survey rates based on a weighted average calculation of rates and are not majority rates. LA indicates the State of Louisiana. 2012 is the year of survey on which these classifications and rates are based. The next number, 007 in the example, is an internal number used in producing the wage determination. 5/13/2014 indicates the survey completion date for the classifications and rates under that identifier. Survey wage rates are not updated and remain in effect until a new survey is conducted. Union Average Rate Identifiers Classification(s) listed under the UAVG identifier indicate that no single majority rate prevailed for those classifications; however, 100% of the data reported for the classifications was union data. EXAMPLE: UAVG-OH-0010 08/29/2014. UAVG indicates that the rate is a weighted union average rate. OH indicates the state. The next number, 0010 in the example, is an internal number used in producing the wage determination. 08/29/2014 indicates the survey completion date for the classifications and rates under that identifier. A UAVG rate will be updated once a year, usually in January of each year, to reflect a weighted average of the current negotiated/CBA rate of the union locals from which the rate is based. ---------------------------------------------------------------- WAGE DETERMINATION APPEALS PROCESS 1.) Has there been an initial decision in the matter? This can be: * an existing published wage determination * a survey underlying a wage determination * a Wage and Hour Division letter setting forth a position on a wage determination matter * a conformance (additional classification and rate) ruling On survey related matters, initial contact, including requests for summaries of surveys, should be with the Wage and Hour National Office because National Office has responsibility for the Davis-Bacon survey program. If the response from this initial contact is not satisfactory, then the process described in 2.) and 3.) should be followed. With regard to any other matter not yet ripe for the formal process described here, initial contact should be with the Branch of Construction Wage Determinations. Write to: Branch of Construction Wage Determinations Wage and Hour Division U.S. Department of Labor 200 Constitution Avenue, N.W. Washington, DC 20210 2.) If the answer to the question in 1.) is yes, then an interested party (those affected by the action) can request review and reconsideration from the Wage and Hour Administrator (See 29 CFR Part 1.8 and 29 CFR Part 7). Write to: Wage and Hour Administrator U.S. Department of Labor 200 Constitution Avenue, N.W. Washington, DC 20210 The request should be accompanied by a full statement of the interested party's position and by any information (wage payment data, project description, area practice material, etc.) that the requestor considers relevant to the issue. 3.) If the decision of the Administrator is not favorable, an interested party may appeal directly to the Administrative Review Board (formerly the Wage Appeals Board). Write to: Administrative Review Board U.S. Department of Labor 200 Constitution Avenue, N.W. Washington, DC 20210 4.) All decisions by the Administrative Review Board are final. ================================================================ END OF GENERAL DECISION" ARPA ADDENDUM Construction Contracts > $2,000 Appendix II: Contract Provisions for non-Federal Entity Contracts Under Federal Awards (A) For a Contract for more than the simplified acquisition threshold ($250,000). Breach. Any breach of the Contract by Contractor shall be governed by the termination and remedies provisions of the Contract. Additionally, in the event that the City incurs damages as a result of Contractor’s breach, the City may pursue recovery of such damages from Contractor. The City further retains the right to seek specific performance of the Contract at any time as authorized by law. The City further retains the right to otherwise pursue any remedies available to the City as a result of the Contractor’s breach, including but not limited to administrative, Contractual, or legal remedies, as well as any applicable sanctions and penalties. Remedies for Non-Performance. If Contractor fails to perform any of its obligations under this Contract, the City may, at its sole discretion, exercise one or more of the following remedies, which shall survive expiration or termination of this Contract: a. Suspend Performance: The City may require the Contractor to suspend performance of all or any portion of the Work pending necessary corrective action specified by the City and without entitling Contractor to an increase in compensation or extension of the performance schedule. Contractor must promptly stop performance and incurring costs upon delivery of a notice of suspension by the City. b. Withhold Payment Pending Corrections: The City may permit Contractor to correct any rejected Work at the City ’s discretion. Upon City ’s request, Contractor must correct rejected Work at Contractor’s sole expense within the time frame established by the City. Upon completion of the corrections satisfactory to the City, City will remit payment to Contractor. c. Deny Payment: City may deny payment for any Work that does not comply with the requirements of the Contract or that Contractor otherwise fails to provide or complete, as determined by the City in its sole discretion. Upon City request, Contractor will promptly refund any amounts prepaid by the City with respect to such non-compliant Work. d. Removal: Upon City ’s request, Contractor will remove any of its employees or agents from performance of the Work, if the City, in its sole discretion, deems any such person to be incompetent, careless, unsuitable, or otherwise unacceptable. (B) [All Contracts in excess of $10,000 must address termination for cause and for convenience including the manner by which it will be effected and the basis of the settlement.] Termination. Termination for Convenience. The City may terminate this Contract, in whole or in part, for any reason, upon five (5) days written notice to the Contractor. In such event, the City shall pay the Contractor its costs, including reasonable Contract close-out costs, and profit on Work performed up to the time of termination. The Contractor shall promptly submit its termination claim to the City to be paid the Contractor. If the Contractor has any property in its possession belonging to the City, the Contractor will account for the same, and dispose of it in a manner the City directs. Termination for Breach. Either Party’s failure to perform any of its material obligations under this Contract, in whole or in part or in a timely or satisfactory manner, will be a breach. The institution of proceedings under any bankruptcy, insolvency, reorganization or similar law, by or against Contractor, or the appointment of a receiver or similar officer for Contractor or any of its property, which is not vacated or fully stayed within thirty (30) days after the institution of such proceeding, will also constitute a breach. In the event of a breach, the non-breaching Party may provide written notice of the breach to the other Party. If the notified Party does not cure the breach, at its sole expense, within thirty (30) days after delivery of notice, the non-breaching Party may exercise any of its remedies provided under this Contract or at law, including immediate termination of the Contract. (C) [Except as otherwise provided under 41 CFR Part 60, all Contracts that meet the definition of “federally assisted construction Contract” in 41 CFR Part 60-1.3] Equal Employment Opportunity. Contractor agrees to comply with the Equal Opportunity Clause provided under 41 CFR 60-1.4(a) (Government Contracts) and 41 CFR 60-1.4(b) (Federal Assisted Construction Contracts), in accordance with Executive Order 11246, “Equal Employment Opportunity” (30 FR 12319, 12935, 3 CFR Part, 1964-1965 Comp., p. 339), as amended by Executive Order 11375, “Amending Executive Order 11246 Relating to Equal Employment Opportunity,” and implementing regulations at 41 CFR part 60, “Office of Federal Contract Compliance Programs, Equal Employment Opportunity, Department of Labor.” Contractor further agrees to include this provision, including the Equal Opportunity Clause or a reference thereto, in any subcontracts it enters into pursuant to the Contract. During the performance of this Contract, the Contractor agrees as follows: (1) The Contractor will not discriminate against any employee or applicant for employment because of race, color, religion, sex, sexual orientation, gender identity, or national origin. The Contractor will take affirmative action to ensure that applicants are employed, and that employees are treated during employment without regard to their race, color, religion, sex, sexual orientation, gender identity, or national origin. Such action shall include, but not be limited to the following: Employment, upgrading, demotion, or transfer; recruitment or recruitment advertising; layoff or termination; rates of pay or other forms of compensation; and selection for training, including apprenticeship. The Contractor agrees to post in conspicuous places, available to employees and applicants for employment, notices to be provided setting forth the provisions of this nondiscrimination clause. (2) The Contractor will, in all solicitations or advertisements for employees placed by or on behalf of the Contractor, state that all qualified applicants will receive consideration for employment without regard to race, color, religion, sex, sexual orientation, gender identity, or national origin. (3) The Contractor will not discharge or in any other manner discriminate against any employee or applicant for employment because such employee or applicant has inquired about, discussed, or disclosed the compensation of the employee or applicant or another employee or applicant. This provision shall not apply to instances in which an employee who has access to the compensation information of other employees or applicants as a part of such employee's essential job functions discloses the compensation of such other employees or applicants to individuals who do not otherwise have access to such information, unless such disclosure is in response to a formal complaint or charge, in furtherance of an investigation, proceeding, hearing, or action, including an investigation conducted by the employer, or is consistent with the Contractor's legal duty to furnish information. (4) The Contractor will send to each labor union or representative of workers with which he has a collective bargaining agreement or other Contract or understanding, a notice to be provided advising the said labor union or workers' representatives of the Contractor's commitments under this section, and shall post copies of the notice in conspicuous places available to employees and applicants for employment. (5) The Contractor will comply with all provisions of Executive Order 11246 of September 24, 1965, and of the rules, regulations, and relevant orders of the Secretary of Labor. (6) The Contractor will furnish all information and reports required by Executive Order 11246 of September 24, 1965, and by rules, regulations, and orders of the Secretary of Labor, or pursuant thereto, and will permit access to his books, records, and accounts by the administering agency and the Secretary of Labor for purposes of investigation to ascertain compliance with such rules, regulations, and orders. (7) In the event of the Contractor's noncompliance with the nondiscrimination clauses of this Contract or with any of the said rules, regulations, or orders, this Contract may be canceled, terminated, or suspended in whole or in part and the Contractor may be declared ineligible for further Government Contracts or federally assisted construction Contracts in accordance with procedures authorized in Executive Order 11246 of September 24, 1965, and such other sanctions may be imposed and remedies invoked as provided in Executive Order 11246 of September 24, 1965, or by rule, regulation, or order of the Secretary of Labor, or as otherwise provided by law. (8) The Contractor will include the portion of the sentence immediately preceding paragraph (1) and the provisions of paragraphs (1) through (8) in every subContract or purchase order unless exempted by rules, regulations, or orders of the Secretary of Labor issued pursuant to section 204 of Executive Order 11246 of September 24, 1965, so that such provisions will be binding upon each subcontractor or vendor. The Contractor will take such action with respect to any subContract or purchase order as the administering agency may direct as a means of enforcing such provisions, including sanctions for noncompliance: Provided, however, that in the event a Contractor becomes involved in, or is threatened with, litigation with a subcontractor or vendor as a result of such direction by the administering agency, the Contractor may request the United States to enter into such litigation to protect the interests of the United States. The applicant further agrees that it will be bound by the above equal opportunity clause with respect to its own employment practices when it participates in federally assisted construction work: Provided, that if the applicant so participating is a State or local government, the above equal opportunity clause is not applicable to any agency, instrumentality or subdivision of such government which does not participate in work on or under the Contract. The applicant agrees that it will assist and cooperate actively with the administering agency and the Secretary of Labor in obtaining the compliance of Contractors and subcontractors with the equal opportunity clause and the rules, regulations, and relevant orders of the Secretary of Labor, that it will furnish the administering agency and the Secretary of Labor such information as they may require for the supervision of such compliance, and that it will otherwise assist the administering agency in the discharge of the agency's primary responsibility for securing compliance. The applicant further agrees that it will refrain from entering into any Contract or Contract modification subject to Executive Order 11246 of September 24, 1965, with a Contractor debarred from, or who has not demonstrated eligibility for, Government Contracts and federally assisted construction Contracts pursuant to the Executive Order and will carry out such sanctions and penalties for violation of the equal opportunity clause as may be imposed upon Contractors and subcontractors by the administering agency or the Secretary of Labor pursuant to Part II, Subpart D of the Executive Order. In addition, the applicant agrees that if it fails or refuses to comply with these undertakings, the administering agency may take any or all of the following actions: Cancel, terminate, or suspend in whole or in part this grant (Contract, loan, insurance, guarantee); refrain from extending any further assistance to the applicant under the program with respect to which the failure or refund occurred until satisfactory assurance of future compliance has been received from such applicant; and refer the case to the Department of Justice for appropriate legal proceedings. (2) [Reserved] (c) Subcontracts. Each nonexempt prime Contractor or subcontractor shall include the equal opportunity clause in each of its nonexempt subcontracts. (d) Inclusion of the equal opportunity clause by reference. The equal opportunity clause may be included by reference in all Government Contracts and subcontracts, including Government bills of lading, transportation requests, Contracts for deposit of Government funds, and Contracts for issuing and paying U.S. savings bonds and notes, and such other Contracts and subcontracts as the Director of OFCCP may designate. (e) Incorporation by operation of the order. By operation of the order, the equal opportunity clause shall be considered to be a part of every Contract and subContract required by the order and the regulations in this part to include such a clause whether or not it is physically incorporated in such Contracts and whether or not the Contract between the agency and the Contractor is written. (f) Adaptation of language. Such necessary changes in language may be made in the equal opportunity clause as shall be appropriate to identify properly the parties and their undertakings. (D) [When required by Federal program legislation, all prime construction Contracts in excess of $2,000 awarded by non-Federal entities] Davis-Bacon Act, as amended (40 U.S.C. 3141-3148). Contractor must fully comply with the Davis-Bacon Act (40 U.S.C. 3141-3144, and 3146-3148) as supplemented by Department of Labor regulations (29 CFR Part 5, “Labor Standards Provisions Applicable to Contracts Covering Federally Financed and Assisted Construction”). In accordance therewith, Contractor must pay wages to laborers and mechanics at a rate not less than the prevailing wages specified in a wage determination made by the Secretary of Labor. In addition, Contractors must be required to pay wages not less than once a week. Copeland “Anti-Kickback” Act (40 U.S.C. 3145). Contractor must fully comply with the Copeland “Anti-Kickback” Act (40 U.S.C. 3145), as supplemented by Department of Labor regulations (29 CFR Part 3, “Contractors and Subcontractors on Public Building or Public Work Financed in Whole or in Part by Loans or Grants from the United States”). Pursuant to the Act, Contractor is prohibited from inducing, by any means, any person employed in the construction, completion, or repair of public work, to give up any part of the compensation to which he or she is otherwise entitled. The City shall report all suspected or reported violations of the Copeland “Anti-Kickback” Act to the Federal awarding agency. (E) [Where applicable, all Contracts awarded by the non-Federal entity in excess of $100,000 that involve the employment of mechanics or laborers] Contract Work Hours and Safety Standards Act (40 U.S.C. 3701-3708). Contractor must fully comply with the Contract Work Hours and Safety Standard Act (40 U.S.C. 3701-3708), including 40 U.S.C. 3702 and 3704, as supplemented by Department of Labor regulations (29 CFR Part 5). Under 40 U.S.C. 3702 of the Act, Contract is required to compute the wages of every mechanic and laborer on the basis of a standard work week of 40 hours. Work in excess of the standard work week is permissible provided that the worker is compensated at a rate of not less than one and a half times the basic rate of pay for all hours worked in excess of 40 hours in the work week. The requirements of 40 U.S.C. 3704 are applicable to construction work and provide that no laborer or mechanic must be required to work in surroundings or under working conditions which are unsanitary, hazardous or dangerous. These requirements do not apply to the purchases of supplies or materials or articles ordinarily available on the open market, or Contracts for transportation or transmission of intelligence. a. Overtime requirements. No contractor or subcontractor contracting for any part of the contract work which may require or involve the employment of laborers or mechanics shall require or permit any such laborer or mechanic in any workweek in which he or she is employed on such work to work in excess of forty hours in such workweek unless such laborer or mechanic receives compensation at a rate not less than one and one- half times the basic rate of pay for all hours worked in excess of forty hours in such workweek. b. Violation; liability for unpaid wages; liquidated damages. In the event of any violation of the clause set forth in paragraph (a) of this section the contractor and any subcontractor responsible therefor shall be liable for the unpaid wages. In addition, such contractor and subcontractor shall be liable to the United States (in the case of work done under contract for the District of Columbia or a territory, to such District or to such territory), for liquidated damages. Such liquidated damages shall be computed with respect to each individual laborer or mechanic, including watchmen and guards, employed in violation of the clause set forth in paragraph (a) of this section, in the sum of $26 for each calendar day on which such individual was required or permitted to work in excess of the standard workweek of forty hours without payment of the overtime wages required by the clause set forth in paragraph (a) of this section. c. Withholding for unpaid wages and liquidated damages. The FEMA shall upon its own action or upon written request of an authorized representative of the Department of Labor withhold or cause to be withheld, from any moneys payable on account of work performed by the contractor or subcontractor under any such contract or any other Federal contract with the same prime contractor, or any other federally-assisted contract subject to the Contract Work Hours and Safety Standards Act, which is held by the same prime contractor, such sums as may be determined to be necessary to satisfy any liabilities of such contractor or subcontractor for unpaid wages and liquidated damages as provided in the clause set forth in paragraph (b) of this section. d. Subcontracts. The contractor or subcontractor shall insert in any subcontracts the clauses set forth in paragraph (a) through (d) of this section and also a clause requiring the subcontractors to include these clauses in any lower tier subcontracts. The prime contractor shall be responsible for compliance by any subcontractor or lower tier subcontractor with the clauses set forth in paragraphs (a) through (d) of this section. (F) [If the Federal award meets the definition of “funding agreement” under 37 CFR §401.2 (a)] Rights to Inventions Made Under a Contract or Contract. For Contracts entered into by the Contractor or the City with a small business firm or nonprofit organization regarding the substitution of parties, assignment or performance of experimental, developmental, or research work under that “funding agreement,” the parties must comply with the requirements of 37 CFR Part 401, “Rights to Inventions Made by Nonprofit Organizations and Small Business Firms Under Government Grants, Contracts and Cooperative Contracts,” and any implementing regulations issued by the awarding agency. (G) [Contracts and subgrants of amounts in excess of $150,000] Clean Air Act (42 U.S.C. 7401-7671q.) and the Federal Water Pollution Control Act (33 U.S.C. 1251-1387), as amended. a. All parties agree to comply with all applicable standards, orders or regulations issued pursuant to the Clean Air Act (42 U.S.C. 7401-7671q) and the Federal Water Pollution Control Act as amended (33 U.S.C. 1251-1387). All parties shall report violations to the Federal awarding agency and the Regional Office of the Environmental Protection Agency (EPA). b. The Contractor agrees to report each violation to the City and understands and agrees that the City will, in turn, report each violation as required to assure notification to the Federal Emergency Management Agency, and the appropriate Environmental Protection Agency Regional Office. c. The Contractor agrees to include these requirements in each subcontract exceeding $150,000 financed in whole or in part with Federal funds. (H) [For Contract awards (see 2 CFR 180.220)] Debarment and Suspension (Executive Orders 12549 and 12689). Contractor attests that it is not listed on the government-wide exclusions in the System for Award Management (SAM), in accordance with the OMB guidelines at 2 CFR 180 that implement Executive Orders 12549 (3 CFR part 1986 Comp., p. 189) and 12689 (3 CFR part 1989 Comp., p. 235), “Debarment and Suspension.” SAM Exclusions contains the names of parties debarred, suspended, or otherwise excluded by agencies, as well as parties declared ineligible under statutory or regulatory authority other than Executive Order 12549. a. This contract is a covered transaction for purposes of 2 C.F.R. pt. 180 and 2 C.F.R. pt. 3000. As such, the Contractor is required to verify that none of the Contractor’s principals (defined at 2 C.F.R. § 180.995) or its affiliates (defined at 2 C.F.R. § 180.905) are excluded (defined at 2 C.F.R. § 180.940) or disqualified (defined at 2 C.F.R. § 180.935). b. The Contractor must comply with 2 C.F.R. pt. 180, subpart C and 2 C.F.R. pt. 3000, subpart C, and must include a requirement to comply with these regulations in any lower tier covered transaction it enters into. c. This certification is a material representation of fact relied upon by the City. If it is later determined that the Contractor did not comply with 2 C.F.R. pt. 180, subpart C and 2 C.F.R. pt. 3000, subpart C, in addition to remedies available to the City, the Federal Government may pursue available remedies, including but not limited to suspension and/or debarment. d. The bidder or proposer agrees to comply with the requirements of 2 C.F.R. pt. 180, subpart C and 2 C.F.R. pt. 3000, subpart C while this offer is valid and throughout the period of any contract that may arise from this offer. The bidder or proposer further agrees to include a provision requiring such compliance in its lower tier covered transactions. (I) [For Contracts exceeding $100,000] Byrd Anti-Lobbying Amendment (31 U.S.C. 1352). Contractor attests that it has filed the required certification under the Byrd Anti-Lobbying Amendment. Contractor attests that it has certified that it will not and has not used Federal appropriated funds to pay any person or organization for influencing or attempting to influence an officer or employee of any agency, a member of Congress, officer or employee of Congress, or an employee of a member of Congress in connection with obtaining any Federal Contract, grant or any other award covered by 31 U.S.C. 1352. Contractor further attests that it has disclosed, and will continue to disclose, any lobbying with non-Federal funds that takes place in connection with obtaining any Federal award. (J) [All Contracts] Procurement of recovered materials (2 CFR §200.323). All parties agree to comply with all applicable requirements of Section 6002 of the Solid Waste Disposal Act, as amended by the Resource Conservation and Recovery Act. The requirements of Section 6002 include procuring only items designated in guidelines of the Environmental Protection Agency (EPA) at 40 CFR part 247 that contain the highest percentage of recovered materials practicable, consistent with maintaining a satisfactory level of competition, where the purchase price of the item exceeds $10,000 or the value of the quantity acquired during the preceding fiscal year exceeded $10,000; procuring solid waste management services in a manner that maximizes energy and resource recovery; and establishing an affirmative procurement program for procurement of recovered materials identified in the EPA guidelines. a. In the performance of this contract, the Contractor shall make maximum use of products containing recovered materials that are EPA-designated items unless the product cannot be acquired: • Competitively within a timeframe providing for compliance with the contract performance schedule; • Meeting contract performance requirements; or • At a reasonable price. b. Information about this requirement, along with the list of EPA-designated items, is available at EPA’s Comprehensive Procurement Guidelines web site, https://www.epa.gov/smm/comprehensive-procurement-guideline-cpg-program. (K) [All Contracts] Prohibition on certain telecommunications and video surveillance services or equipment (2 CFR §200.216). Contractor is prohibited from using equipment, services, or systems that uses covered telecommunications equipment or services as a substantial or essential component of any system, or as critical technology as part of any system. As described in Public Law 115-232, section 889, covered telecommunications equipment is telecommunications equipment produced by Huawei Technologies Company or ZTE Corporation (or any subsidiary or affiliate of such entities). (i) For the purpose of public safety, security of government facilities, physical security surveillance of critical infrastructure, and other national security purposes, video surveillance and telecommunications equipment produced by Hytera Communications Corporation, Hangzhou Hikvision Digital Technology Company, or Dahua Technology Company (or any subsidiary or affiliate of such entities). (ii) Telecommunications or video surveillance services provided by such entities or using such equipment. (iii) Telecommunications or video surveillance equipment or services produced or provided by an entity that the Secretary of Defense, in consultation with the Director of the National Intelligence or the Director of the Federal Bureau of Investigation, reasonably believes to be an entity owned or controlled by, or otherwise connected to, the government of a covered foreign country. (L) [All Contracts] 2 C.F.R. § 200.322 Domestic preferences for procurements. As appropriate and to the extent consistent with law, Contractor should, to the greatest extent practicable, prefer the purchase, acquisition, or use of goods, products, or materials produced in the United States (including but not limited to iron, aluminum, steel, cement, and other manufactured products). The requirements of this section must be included in all subawards including all Contracts and purchase orders for work or products under this award. (M) [All Contracts] 2 C.F.R. § 200.321 Small and Minority Businesses, Women’s Business Enterprises, and Labor Surplus Area Firms. The City will take affirmative steps to solicit and include small, minority, and women-owned businesses when possible in an effort to encourage participation and fair competition in providing supplies/services described in this solicitation. As set forth in 2 C.F.R. § 200.321(b)(1)-(5), such affirmative steps must include: 1. Placing qualified small and minority businesses and women's business enterprises on solicitation lists; 2. Assuring that small and minority businesses, and women's business enterprises are solicited whenever they are potential sources; 3. Dividing total requirements, when economically feasible, into smaller tasks or quantities to permit maximum participation by small and minority businesses, and women's business enterprises; 4. Establishing delivery schedules, where the requirement permits, which encourage participation by small and minority businesses, and women's business enterprises; and 5. Using the services and assistance, as appropriate, of such organizations as the Small Business Administration and the Minority Business Development Agency of the Department of Commerce. If subcontracts are to be let, Contractor must take all necessary affirmative steps to assure that minority businesses, women’s business enterprises, and labor surplus area firms are used as required by 2 C.F.R. § 200.321. (N) [Construction or facility improvement Contracts or subcontracts exceeding the Simplified Acquisition Threshold as defined in 2 C.F.R. § 200.88] Bonding requirements (2 C.F.R. § 200.326). Except where the Federal awarding agency or pass-through entity has made a determination that alternative bonding policy and requirements adequately protect the Federal interest, Contractor agrees to comply with the following minimum bonding requirements: a. Contractor must provide a bid guarantee equivalent to five percent of the bid price. The "bid guarantee" must consist of a firm commitment such as a bid bond, certified check, or other negotiable instrument accompanying a bid as assurance that the Contractor will, upon acceptance of the bid, execute such Contractual documents as may be required within the time specified. b. Contractor must provide a performance bond on the part of the Contractor for 100 percent of the Contract price. A "performance bond" is one executed in connection with a Contract to secure fulfillment of all the Contractor's obligations under such Contract. c. Contractor must provide a payment bond on the part of the Contractor for 100 percent of the Contract price. A "payment bond" is one executed in connection with a Contract to assure payment as required by law of all persons supplying labor and material in the execution of the work provided for in the Contract. (O) Bid Protest Procedures CITY OF FORT COLLINS BID PROTEST PROCEDURES The City of Fort Collins has a protest procedure covering any phase of solicitation or award, including but not limited to specification or award. The protest procedures are available from the Purchasing Department, City of Fort Collins, 215 N. Mason, Street, 2nd Floor, P. O. Box 580, Fort Collins, CO. 80522. You may also request a copy of the procedures by emailing: Purchasing@fcgov.com or calling 970-221-6775. (P) Title VI of the Civil Rights Act of 1964 - The sub-grantee, contractor, subcontractor, successor, transferee, and assignee shall comply with Title VI of the Civil Rights Act of 1964, which prohibits recipients of federal financial assistance from excluding from a program or activity, denying benefits of, or otherwise discriminating against a person on the basis of race, color, or national origin (42 U.S.C. § 2000d et seq.), as implemented by the Department of the Treasury’s Title VI regulations, 31 CFR Part 22, which are herein incorporated by reference and made a part of this contract (or agreement). Title VI also includes protection to persons with “Limited English Proficiency” in any program or activity receiving federal financial assistance, 42 U.S.C. § 2000d et seq., as implemented by the Department of the Treasury’s Title VI regulations, 31 CFR Part 22, and herein incorporated by reference and made a part of this contract or agreement. (Q) Increasing Seat Belt Use in the United States – Pursuant to Executive Order 13043, 62 FR 19217 (Apr. 18, 1997), the City encourages its contractors to adopt and enforce on- the-job seat belt policies and programs for their employees when operating company- owned, rented, or personally owned vehicles. (R) Reducing Text Messaging While Driving – Pursuant to Executive Order 13513, 74 FR 51225 (Oct. 6, 2009), the City encourages its employees, subrecipients, and contractors to adopt and enforce policies that ban text messaging while driving, and the City has established workplace safety policies to decrease accidents caused by distracted drivers. (S) Publications – Any publications produced under this contract or agreement must display the following language: “This project is being supported, in whole or in part, by federal award number 21.019 awarded to the City of Fort Collins by the U.S. Department of the Treasury.” SECTION 00900 ADDENDA, MODIFICATIONS AND PAYMENT 00950 Contract Change Order 00960 Application for Payment SECTION 00950 CHANGE ORDER NO. PROJECT TITLE: 9891 HVAC Equipment Replacements – Five (5) Locations CONTRACTOR: [Contractor] DESCRIPTION: 1. Reason for change: 2. Description of Change: 3. Change in Contract Cost: 4. Change in Contract Time: ORIGINAL CONTRACT COST $ .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 ORIGNINAL CONTRACT % ADJUSTED CONTRACT COST $ .00 (Assuming all change orders approved) ACCEPTED BY: DATE: Contractor's Representative ACCEPTED BY: DATE: Project Manager REVIEWED BY: DATE: Title: APPROVED BY: DATE: Title: APPROVED BY: DATE: Purchasing Agent over $60,000 cc: City Clerk Contractor Engineer Project File Architect Purchasing SECTION 00960 APPLICATION FOR PAYMENT PROJECT: PAY APPLICATON NO: DATE: CONTRACTOR: ADDRESS: PARTIAL Billing: TO: FINAL Billing: TO: The undersigned Contractor certifies that to the best of his 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 by him for Work for which previous Certificates for Payment were issued and payments received in this current payment shown herein is now due. In accordance with the Contract Documents, based on site observations and the data comprising the above application, the Architects Certifies to the Owner that the Work has progressed to the point indicated; that to the best of his knowledge, information and belief, the quality of the Work is in accordance with the Contract Documents, and that the Contractor is entitled to payment of the AMOUNT CERTIFIED. CONTRACTOR: ARCHITECT: Signature: Signature: Name: Name: Date: Date: Application is made for Payment, as shown below, in connection with the Contract. Schedule of Values is attached to show pay application details. The present status of the account for this Contract is as follows: ORIGINAL CONTRACT AMOUNT $0.00 APPROVED CHANGE ORDERS TO DATE $0.00 ADJUSTED CONTRACT AMOUNT $0.00 TOTAL WORK COMPLETED AND MATERIALS USED $0.00 RETAINAGE (5% OF TOTAL) $0.00 TOTAL EARNED LESS RETAINAGE $0.00 LIQUIDATED DAMAGES WITHHELD $0.00 TOTAL EARNED LESS LIQUIDATED DAMAGES $0.00 LESS PREVIOUS PAYMENTS $0.00 CURRENT PAYMENT DUE $0.00 APPROVED BY:___________________________ DATE: _______________________ Craig Kisling - Parks Project Manager APPROVED BY: DATE: Matt Schaefer - Facilities Project Manager cc: Accounting Contractor Project File APPLICATION FOR PAYMENT APPLICATION FOR PAYMENT PAGE 1 OF 4 OWNER: City of Fort Collins PROJECT: APPLICATION NUMBER: APPLICATION DATE: PERIOD BEGINNING: ENGINEER: CONTRACTOR: PERIOD ENDING: PROJECT NUMBER: CHANGE ORDERS Application is made for Payment as shown below in connection with Contract NUMBER DATE AMOUNT The present status of the account for this Contract is as follows: 1 2 Original Contract Amount: 3 Net Change by Change Order: Current contract Amount: $0.00 Total Completed and Stored to Date: Less Previous Applications: Amount Due this Application - Before Retainage: $0.00 Less Retainage: Net Change by Change Order $0.00 AMOUNT DUE THIS APPLICATION: $0.00 CERTIFICATION: The undersigned CONTRACTOR certifies that all obligations of CONTRACTOR incurred in connection with the Work have been satisfied as required in Paragraph 14.3. of the General Conditions of the Contract. The above Amount Due This Application is requested by the CONTRACTOR. Date: By: Payment of the above Amount Due This Application is recommended by the ENGINEER. Date: By: Payment of the above Amount Due This Application has been reviewed by the OWNER'S Project Manager. Date: By: Payment of the above Amount Due This Application is approved by the OWNER. Date: By: 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