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CONTRACT - RFP - 9768 UNINTERRUPTED POWER SUPPLY (UPS) REPLACEMENT - CITY HALL
Services Agreement – Work Order Type RFP 9768 UPS Replacement – City Hall Page 1 of 109 SERVICES AGREEMENT WORK ORDER TYPE THIS AGREEMENT made and entered into the day and year set forth below, by and between THE CITY OF FORT COLLINS, COLORADO, a Municipal Corporation, hereinafter referred to as the "City" and KENNY ELECTRIC SERVICE, INC., a Colorado corporation, hereinafter referred to as "Service Provider". WITNESSETH: In consideration of the mutual covenants and obligations herein expressed, it is agreed by and between the parties hereto as follows: 1.Services to be Performed. a.This Agreement shall constitute the basic agreement between the parties for 9768 UPS Replacement – City Hall project. The conditions set forth herein shall apply to all services performed by the Service Provider on behalf of the City and particularly described in Work Orders agreed upon in writing by the parties from time to time. Such Work Orders, samples of which are attached hereto as Exhibit A & B, consisting of one (1)and ninety two (92) pages and incorporated herein by this reference, shall include a description of the services to be performed, the location and time for performance, the amount of payment, any materials to be supplied by the City and any other special circumstances relating to the performance of services. A general scope of services is attached hereto as Exhibit C, consisting of two (2) pages, and incorporated herein by this reference. The only services authorized under this Agreement are those which are performed after receipt of such Work Order, except in emergency circumstances where oral work requests may be issued. Oral requests for emergency actions will be confirmed by issuance of a written Work Order within two (2) working days. Irrespective of references in Exhibit A & B to certain named third parties, Service Provider shall be solely responsible for performance of all duties hereunder. b.The City may, at any time during the term of a particular Work Order and without invalidating such Work Order, make changes to the scope of the particular services. Such changes shall be agreed upon in writing by the parties by Change Order, a sample of which is attached hereto as Section 00950, consisting of one (1) page, and incorporated herein by this reference. 2.Changes in the Work. The City reserves the right to independently bid any services rather than issuing work to the Service Provider pursuant to this Agreement. Nothing within this Agreement shall obligate the City to have any particular service performed by the Service Provider. 3.Time of Commencement and Completion of Services. The services to be performed pursuant to this Agreement shall be initiated as specified by each written Work Order or oral DocuSign Envelope ID: 2087E535-42D8-4AF8-B022-31E32591D3B5 Services Agreement – Work Order Type RFP 9768 UPS Replacement – City Hall Page 2 of 109 emergency service request. Oral emergency service requests will be acted upon without waiting for a written Work Order. Time is of the essence. 4.Contract Period. This Agreement shall commence June 16, 2023 and shall continue in full force and effect until October 31st, 2023, unless sooner terminated as herein provided. 5.Early Termination by City/Notices. Notwithstanding the time periods contained herein, the City may terminate this Agreement at any time without cause by providing written notice of termination to the Service Provider. Such notice shall be mailed at least ten (10) days prior to the termination date contained in said notice unless otherwise agreed in writing by the parties. All notices provided under this Agreement shall be effective immediately when emailed or three business days from the date of the notice when mailed to the following addresses: City: Copy to: Service Provider: Kenny Electric Service, INC. Attn: George Kettlewell 901 SW Frontage Road Fort Collins, CO 80524 george.k@kenny-electric.com City of Fort Collins Attn: Bryan Garrett PO Box 580 Fort Collins, CO 80522 bgarrett@fcgov.com City of Fort Collins Attn: Purchasing Dept. PO Box 580 Fort Collins, CO 80522 purchasing@fcgov.com In the event of early termination by the City, the Service Provider shall be paid for services rendered to the date of termination, subject only to the satisfactory performance of the Service Provider's obligations under this Agreement. Service Provider shall submit a final invoice within ten (10) days of the effective date of termination. Undisputed invoices shall be paid Net 30 days of the date of the invoice. Such payment shall be the Service Provider's sole right and remedy for such termination. 6.Contract Sum. This is an open-end indefinite quantity Agreement with no fixed price. The actual amount of work to be performed will be stated on the individual Work Orders. The City makes no guarantee as to the number of Work Orders that may be issued or the actual amount of services which will in fact be requested. 7.Payments. a.The City agrees to pay and the Service Provider agrees to accept as full payment for all work done and all materials furnished and for all costs and expenses incurred in performance of the work the sums set forth for the hourly labor rate and material costs, with markups, stated within the Bid Schedule Proposal Form, attached hereto as Exhibit D, consisting of three (3) pages, and incorporated herein by this reference. b.Invoices shall be emailed to invoices@fcgov.com with a copy to the Project Manager. The cost of the work completed shall be paid to the Service Provider following the submittal of a correct itemized invoice by the Service Provider. Payment shall be made by the City only upon acceptance of the work by the City and upon the Service Provider furnishing satisfactory evidence of payment of all wages, taxes, supplies and materials, and other costs incurred in connection with the performance of such work. The City is DocuSign Envelope ID: 2087E535-42D8-4AF8-B022-31E32591D3B5 Services Agreement – Work Order Type RFP 9768 UPS Replacement – City Hall Page 3 of 109 exempt from sales and use tax. The City’s Certificate of Exemption license number is 09804502. A copy of the license is available upon written request. The City pays invoices on Net 30 days from the date of the invoice. 8.Appropriation. To the extent this Agreement or any provision in it constitutes a multiple fiscal year debt or financial obligation of the City, it shall be subject to annual appropriation by City Council as required in Article V, Section 8(b) of the City Charter, City Code Section 8-186, and Article X, Section 20 of the Colorado Constitution. The City shall have no obligation to continue this Agreement in any fiscal year for which no such supporting appropriation has been made. 9.Liquidated Damages. OWNER and CONTRCTOR recognize that time is of the essence of this Agreement and that OWNER will suffer financial loss if the Work is not completed within the times specified in the Work Order, plus any extensions thereof allowed in accordance with Article 12 of the General conditions. They also recognize the delays, expenses and difficulties involved in proving in a legal proceeding the actual loss suffered by OWNER if the Work is not completed on time. Accordingly, instead of requiring any such proof, OWNER and CONTRACTOR agree that as liquidated damages for delay (but not as penalty) CONTRACTOR shall pay OWNER the amount set forth in each Work Order. 10.City Representative. The City's representative will be shown on the specific Work Order and shall make, within the scope of his or her authority, all necessary and proper decisions with reference to the work requested. All requests concerning this Agreement shall be directed to the City Representative. 11.Independent Contractor. It is agreed that in the performance of any services hereunder, the Service Provider is an independent contractor responsible to the City only as to the results to be obtained in the particular work assignment and to the extent that the work shall be done in accordance with the terms, plans and specifications furnished by the City. 12.Subcontractors/subconsultants. Service Provider may not subcontract any of the Work set forth in the subsequent Work Orders without the prior written consent of the city, which shall not be unreasonably withheld. If any of the Work is subcontracted hereunder (with the consent of the City), then the following provisions shall apply: (a) the subcontractor/subconsultant must be a reputable, qualified firm with an established record of successful performance in its respective trade performing identical or substantially similar work, (b) the subcontractor/subconsultant will be required to comply with all applicable terms of this Agreement, (c) the subcontract will not create any contractual relationship between any such subcontractor/subconsultant and the City, nor will it obligate the City to pay or see to the payment of any subcontractor/subconsultant, and (d) the work of the subcontractor/subconsultant will be subject to inspection by the City to the same extent as the work of the Service Provider. 13.Acceptance Not Waiver. The City's approval or acceptance of, or payment for any of the services shall not be construed to operate as a waiver of any rights under the Agreement or DocuSign Envelope ID: 2087E535-42D8-4AF8-B022-31E32591D3B5 Services Agreement – Work Order Type RFP 9768 UPS Replacement – City Hall Page 4 of 109 of any cause of action arising out of the performance of this Agreement. 14.Warranty. a.Service Provider warrants that all work performed hereunder shall be performed with the highest degree of competence and care in accordance with accepted standards for work of a similar nature. b.Unless otherwise provided in the Agreement, all materials and equipment incorporated into any work shall be new and, where not specified, of the most suitable grade of their respective kinds for their intended use, and all workmanship shall be acceptable to City. c.Service Provider warrants all equipment, materials, labor and other work, provided under this Agreement, except City-furnished materials, equipment and labor, against defects and nonconformances in design, materials and workmanship/workwomanship for a period beginning with the start of the work and ending twelve (12) months from and after final acceptance under the Work Order, regardless whether the same were furnished or performed by Service Provider or by any of its subcontractors/subconsultants of any tier. Upon receipt of written notice from City of any such defect or nonconformances, the affected item or part thereof shall be redesigned, repaired, or replaced by Service Provider in a manner and at a time acceptable to City. 15.Default. Each and every term and condition hereof shall be deemed to be a material element of this Agreement. In the event either party should fail or refuse to perform according to the terms of this Agreement, such party may be declared in default thereof. 16.Remedies. In the event a party has been declared in default, such defaulting party shall be allowed a period of ten (10) days within which to cure said default. In the event the default remains uncorrected, the party declaring default may elect to (a) terminate the Agreement and seek damages; (b) treat the Agreement as continuing and require specific performance; or (c) avail themselves of any other remedy at law or equity. If the non-defaulting party commences legal or equitable actions against the defaulting party, the defaulting party shall be liable to the non-defaulting party for the non-defaulting party's reasonable attorney fees and costs incurred because of the default. 17.Entire Agreement; Binding Effect; Order of Precedence; Authority to Execute. This Agreement, along with all Exhibits and other documents incorporated herein, shall constitute the entire Agreement of the parties regarding this transaction and shall be binding upon said parties, their officers, employees, agents and assigns and shall inure to the benefit of the respective survivors, heirs, personal representatives, successors and assigns of said parties. Covenants or representations not contained in this Agreement shall not be binding on the parties. In the event of a conflict between terms of the Agreement and any exhibit or attachment, the terms of the Agreement shall prevail. Each person executing this Agreement affirms that they have the necessary authority to sign on behalf of their respective party and to bind such party to the terms of this Agreement. 18.Indemnity/Insurance. DocuSign Envelope ID: 2087E535-42D8-4AF8-B022-31E32591D3B5 Services Agreement – Work Order Type RFP 9768 UPS Replacement – City Hall Page 5 of 109 a.The Service Provider agrees to indemnify and save harmless the City, its officers, agents and employees against and from any and all actions, suits, claims, demands or liability of any character whatsoever, brought or asserted for injuries to or death of any person or persons, or damages to property arising out of, result from or occurring in connection with the performance of any service hereunder. b.The Service Provider shall take all necessary precautions in performing the work hereunder to prevent injury to persons and property. c.Without limiting any of the Service Provider's obligations hereunder, the Service Provider shall provide and maintain insurance coverage naming the City as an additional insured under this Agreement of the type and with the limits specified within Section 00630, consisting of one (1) page, attached hereto, and incorporated herein by this reference. The Service Provider before commencing services hereunder shall deliver to the City's Purchasing Director, purchasing@fcgov.com, P. O. Box 580, Fort Collins, Colorado 80522 one copy of a certificate evidencing the insurance coverage required from an insurance company acceptable to the city. 19.Law/Severability. The laws of the State of Colorado shall govern the construction, interpretation, execution, and enforcement of this Agreement. The Parties further agree that Larimer County District Court is the proper venue for all disputes. If the City subsequently agrees in writing that the matter may be heard in federal court, venue will be in Denver District Court. In the event any provision of this Agreement shall be held invalid or unenforceable by any court of competent jurisdiction, such holding shall not invalidate or render unenforceable any other provision of this Agreement. 20.Governmental Immunity Act. No term or condition of this Agreement shall be construed or interpreted as a waiver, express or implied, of any of the notices, requirements, immunities, rights, benefits, protections, limitations of liability, and other provisions of the Colorado Governmental Immunity Act, C.R.S. § 24-10-101 et seq. and under any other applicable law. 21.Prohibition Against Unlawful Discrimination. The City of Fort Collins, in accordance with the provisions of Title VI of the Civil Rights Act of 1964 (78 Stat. 252, 42 US.C. §§ 2000d to 2000d-4) and the Regulations, hereby notifies all bidders that it will affirmatively ensure that any contract entered into pursuant to this advertisement, disadvantaged business enterprises will be afforded full and fair opportunity to submit bids in response to this invitation and will not be discriminated against on the grounds of race, color, or national origin in consideration for an award. The City strictly prohibits unlawful discrimination based on an individual’s gender (regardless of gender identity or gender expression), race, color, religion, creed, national origin, ancestry, age 40 years or older, marital status, disability, sexual orientation, genetic information, or other characteristics protected by law. For the purpose of this policy “sexual orientation” means a person’s actual or perceived orientation toward heterosexuality, homosexuality, and bisexuality. The City also strictly prohibits unlawful harassment in the DocuSign Envelope ID: 2087E535-42D8-4AF8-B022-31E32591D3B5 Services Agreement – Work Order Type RFP 9768 UPS Replacement – City Hall Page 6 of 109 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 Service Providers to comply with the City’s policy for equal employment opportunity and to prohibit unlawful discrimination, harassment, and retaliation. This requirement applies to all third-party vendors and their subcontractors/subconsultants at every tier. 22.Colorado Open Records Act. The City is subject to Sec. 24-72-201 et seq. of the Colorado Revised Statute (CORA). This Agreement is subject to public disclosure in whole pursuant to CORA. 23.Force Majeure. No Party hereto shall be considered in default in the performance of an obligation hereunder to the extent that performance of such obligation is delayed, hindered, or prevented by force majeure. Force majeure shall be any cause beyond the control of the defaulting Party which could not reasonably have been foreseen and guarded against. Force majeure includes, but is not limited to, acts of God, fires, riots, pandemics, incendiarism, interference by civil or military authorities, compliance with regulations or orders of military authorities, and acts of war (declared or undeclared), provided such cause could not have been reasonably foreseen and guarded against by the defaulting Party. Force majeure shall not include increases in labor, commodity, utility, material, supply, fuel, or energy costs, or compliance with regulations or orders of civil authorities. To the extent that the performance is actually prevented, the Service Provider must provide written notice to the City of such condition within ten (10) days from the onset of such condition. 24.Special Provisions. Special provisions or conditions relating to the services to be performed pursuant to this Agreement are set forth in Exhibit E - Confidentiality, consisting of one (1) page, and Section 00700 General Conditions consisting of fifty-three (53) pages. [Signature Page Follows] DocuSign Envelope ID: 2087E535-42D8-4AF8-B022-31E32591D3B5 Services Agreement – Work Order Type RFP 9768 UPS Replacement – City Hall Page 7 of 109 THE CITY OF FORT COLLINS, COLORADO By: Gerry Paul Purchasing Director Date: ATTEST: APPROVED AS TO FORM: KENNY ELECTRIC SERVICE, INC. By: Printed: Title: Date: DocuSign Envelope ID: 2087E535-42D8-4AF8-B022-31E32591D3B5 6/16/2023 Vice President Operations George Kettlewell Assistant City Attorney 6/20/2023 Chief Deputy City Clerk Services Agreement – Work Order Type RFP 9768 UPS Replacement – City Hall Page 8 of 109 EXHIBIT A WORK ORDER FORM (Short form) PURSUANT TO A MASTER AGREEMENT BETWEEN THE CITY OF FORT COLLINS AND KENNY ELECTRIC SERVICE, INC. WORK ORDER NUMBER: PM's Tracking # PROJECT TITLE: 9768 UPS Replacement – City Hall ORIGINAL BID/RFP NUMBER & NAME: 9768 UPS Replacement – City Hall MASTER AGREEMENT EFFECTIVE DATE:June 16th, 2023 WORK ORDER COMMENCEMENT DATE: WORK ORDER COMPLETION DATE: MAXIMUM FEE: (time and reimbursable direct costs): PROJECT DESCRIPTION/SCOPE OF SERVICES: Service Provider agrees to perform the services identified above and on the attached forms in accordance with the terms and conditions contained herein and in the Master Agreement between the parties. In the event of a conflict between or ambiguity in the terms of the Master Agreement and this Work Order (including the attached forms) the Master Agreement shall control. The attached forms consisting of ( ) pages are hereby accepted and incorporated herein, by this reference, and Notice to Proceed is hereby given after all parties have signed this document. SERVICE PROVIDER: Date: Name, Title ACCEPTANCE: Date: Name, Project Manager REVIEWED: Date: Name, Buyer or Senior Buyer ACCEPTANCE: Date: Gerry Paul, Purchasing Director (if greater than $60,000) DocuSign Envelope ID: 2087E535-42D8-4AF8-B022-31E32591D3B5 Services Agreement – Work Order Type RFP 9768 UPS Replacement – City Hall Page 9 of 109 EXHIBIT B WORK ORDER FORM (Construction over $100,000) CONSTRUCTION WORK ORDER FOR 9768 UPS Replacement – City Hall WORK ORDER NO. 1 TITLED 9768 UPS Replacement – City Hall DATE: CONTRACTOR: DocuSign Envelope ID: 2087E535-42D8-4AF8-B022-31E32591D3B5 Services Agreement – Work Order Type RFP 9768 UPS Replacement – City Hall Page 10 of 109 TABLE OF CONTENTS AGREEMENT FORMS 00525 Work Order & Notice of Award 00530 Work Order Notice to Proceed 00600 Bonds and Certificates 00610 Performance Bond 00615 Payment Bond 00630 Certificate of Insurance 00635 Certificate of Substantial Completion 00640 Certificate of Final Acceptance 00650 Lien Waiver Release (CONTRACTOR) 00660 Consent of Surety 00670 Application for Exemption Certificate CONDITIONS OF THE CONTRACT 00700 General Conditions Exhibit GC-A GC-A1 - GC-A2 00800 Supplementary Conditions 00900 Addenda, Modifications and Payment 00950 Work Order Change Order Form 00960 Application for Payment DocuSign Envelope ID: 2087E535-42D8-4AF8-B022-31E32591D3B5 Services Agreement – Work Order Type RFP 9768 UPS Replacement – City Hall Page 11 of 109 SECTION 00500 CONSTRUCTION WORK ORDER AGREEMENT FORMS 00525 Work Order, Notice of Award & Bid Schedule 00530 Work Order Notice to Proceed DocuSign Envelope ID: 2087E535-42D8-4AF8-B022-31E32591D3B5 Services Agreement – Work Order Type RFP 9768 UPS Replacement – City Hall Page 12 of 109 SECTION 00525 WORK ORDER, NOTICE OF AWARD AND BID SCHEDULE TO (CONTRACTOR OR CM/GC): Kenny Electric Service, INC. WORK ORDER # & TITLE: 9768 UPS Replacement – City Hall PURCHASE ORDER: ORIGINAL BID/RFP # & TITLE: 9768 UPS Replacement – City Hall ENGINEER: City of Fort Collins OWNER’S REPRESENTATIVE: Bryan Garrett NOTICE OF AWARD DATE: OWNER: June 16th, 2023 City of Fort Collins (hereinafter referred to as OWNER) 1.WORK. You are hereby notified that your bid dated April 21, 2023, for the above Work Order has been considered. Pursuant to your AGREEMENT with OWNER dated June 16, 2023, you have been awarded a Work Order for this Work Order Description: A.Scope of Work The City of Fort Collins is requesting proposals from qualified Service Providers to supply and install an Uninterrupted Power Supply (UPS) for the Fort Collins City Hall. It is the intent of this RFP to leverage the experience of companies to provide the City of Fort Collins with a solution that successfully meets the City’s Power needs based on the system requirements provided in this RFP. Please provide product information for the proposed UPS system and provide hardware costs and potential options. 1.Equipment must be datacenter grade rated. 2.Warranty options: Include 24/7 support for first year. 3.Current UPS is a 75KVA 480v primary, 277/480v secondary. 4.Current unit has integrated bypass. We would like this to be a separate unit. 5.Unit must have a 4hr run time. 6.Unit must have capability for IP network control, monitoring, and alerts. 7.Unit must be compatible with automatically switching over to existing generator. 8.Unit must have a high efficacy rating. 9.Downtime must be coordinated and scheduled prior and limited to minimal amount of time. 10.Service Provider must provide removal and recycling certificate of existing UPS unit and batteries. (Attachment A) 11.Service Provider is required to conduct a start-up test of each newly installed unit to demonstrate and confirm correct installation and proper functioning which must include at a minimum, the failover/failback, bypass and switching capabilities. 12.Service Provider must provide an arc flash report for the new equipment installed. DocuSign Envelope ID: 2087E535-42D8-4AF8-B022-31E32591D3B5 Services Agreement – Work Order Type RFP 9768 UPS Replacement – City Hall Page 13 of 109 13.Service Provider to follow NEC (2023 Edition) and NFPA 70E standards. 14.Service Provider to provide a clean and safe work site at all times. 15.At any time, if the City determines that personnel on the construction team is not fit to continue, the City reserves the right to direct Service Provider personnel changes as needed. 16.Contractor will be expected to follow the City of Fort Collins QA/QC program. A copy of the QA/QC Plan along with Checklists can be downloaded at: https://www.fcgov.com/opserv/pdf/dsgnstnds/qa-qc-plan.pdf?1360100535 a.Please reference: i.Written QA-QC Plan ii.Preparatory Phase Checklist iii.QC Initial Checklist iv.QC Follow-Up Checklist 17.Any damage caused to the existing buildings, parking lot, & site during construction or through access to the construction area will be at the contractor’s expense to repair the damaged area to existing conditions before the damage occurred. All OSHA regulations to be followed at all times. 2.CONTRACT PRICE, BONDS AND CERTIFICATES. The price of your Work Order is ____ ($_________). Pursuant to the AGREEMENT and the Contract Documents, Performance and Payment Bonds and insurance are required. 3.CONTRACT TIMES. Pursuant to the AGREEMENT and the Contract Documents, the date for Substantial Completion of this Work Order is , and after Substantial Completion, the date for Final Completion is . 4.LIQUIDATED DAMAGES. OWNER and CONTRACTOR recognize that time is of the essence of this Agreement and that OWNER will suffer financial loss if the Work is not completed within the times specified in paragraph 3 above, plus any extensions thereof allowed in accordance with Article 12 of the General Conditions. They also recognize the delays, expenses and difficulties involved in proving in a legal proceeding the actual loss suffered by OWNER if the Work is not completed on time. Accordingly instead of requiring any such proof, OWNER and CONTRACTOR agree that as liquidated damages for delay (but not as penalty) CONTACTOR shall pay OWNER the amounts set forth hereafter. 1.Substantial Completion: Three Hundred Dollars ($300.00) for each calendar day or fraction thereof that expires after until the work is Substantially Complete. 2.Final Acceptance: After Substantial Completion One Hundred Fifty Dollars ($150.00) 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. DocuSign Envelope ID: 2087E535-42D8-4AF8-B022-31E32591D3B5 Services Agreement – Work Order Type RFP 9768 UPS Replacement – City Hall Page 14 of 109 5.PAYMENT PROCEDURES. CONTRACTOR shall submit Applications for Payment in accordance with Article 14 of the General Conditions. Applications for Payment will be processed by ENGINEER as provided in the General Conditions. 5.1 PROGRESS PAYMENTS. OWNER shall make progress payments on account of the Contract Price on the basis of CONTRACTOR's Application for Payment as recommended by ENGINEER, once each month during construction as provided below. All progress payments will be on the basis of the progress of the Work measured by the schedule of values established in paragraph 2.6 of the General Conditions and in the case of Unit Price Work based on the number of units completed, and in accordance with the General Requirements concerning Unit Price Work. 5.1.1 Prior to Substantial Completion, Owner will be entitled to withhold as contract retainage five percent (5%) of each progress payment, but, in each case, less the aggregate of payments previously made and less such amounts as ENGINEER shall determine, or OWNER may withhold, in accordance with paragraph 14.7 of the General Conditions. If , in the sole discretion of Owner, on recommendation of Engineer, Owner determines that the character and progress of the Work have been satisfactory to OWNER and ENGINEER, OWNER may determine that as long as the character and progress of the Work remain satisfactory to them, there will be no additional retainage on account of Work completed in which case the remaining progress payments prior to Substantial Completion will be in an amount equal to 100% of the Work completed. 95% of materials and equipment not incorporated in the Work (but delivered, suitably stored and accompanied by documentation satisfactory to OWNER as provided in paragraph 14.2 of the General Conditions) may be included in the application Section 00960. 5.1.2 Upon Substantial Completion payment will be made in an amount sufficient, if necessary, to increase total payments to CONTRACTOR to 95% of the Contract Price, less such amounts as ENGINEER shall determine or OWNER may withhold in accordance with paragraph 14.7 of the General Conditions or as provided by law. 5.2 FINAL PAYMENT. Upon Final Completion and Acceptance of the Work in accordance with paragraph 14.13 of the General Conditions, OWNER shall pay the remainder of the Contract Price as recommended by ENGINEER as provided in said paragraph 14.13. 6.CONTRACTOR'S REPRESENTATION. In order to induce OWNER to enter into this Agreement, CONTRACTOR makes the following representations: 6.1 CONTRACTOR has familiarized himself with the nature and extent of the Contract Documents, Work, site, locality, and with all local conditions and Laws and Regulations that in any manner may affect cost, progress, performance or furnishing of the Work. 6.2 CONTRACTOR has studied carefully all reports of explorations and tests of subsurface conditions and drawings of physical conditions which are identified in the Supplementary Conditions as provided in paragraph 4.2 of the General Conditions. DocuSign Envelope ID: 2087E535-42D8-4AF8-B022-31E32591D3B5 Services Agreement – Work Order Type RFP 9768 UPS Replacement – City Hall Page 15 of 109 6.3 CONTRACTOR has obtained and carefully studied (or assumes responsibility for obtaining and carefully studying) all such examinations, investigations, explorations, tests, reports, and studies (in addition to or to supplement those referred to in paragraph 6.2 above) which pertain to the subsurface or physical condition at or contiguous to the site or otherwise may affect the cost, progress, performance or furnishing of the Work as CONTRACTOR considers necessary for the performance or furnishing of the Work at the Contract Price, within the Contract Times and in accordance with the other terms and conditions of the Contract Documents, including specifically the provisions of paragraph 4.2 of the General Conditions; and no additional examinations, investigations, explorations, tests, reports, studies or similar information or data are or will be required by CONTRACTOR for such purposes. 6.4 CONTRACTOR has reviewed and checked all information and data shown or indicated on the Contract Documents with respect to existing Underground Facilities at or contiguous to the site and assumes responsibility for the accurate location of said Underground Facilities. No additional examinations, investigations, explorations, tests, reports, studies or similar information or data in respect of said Underground Facilities are or will be required by CONTRACTOR in order to perform and furnish the Work at the Contract Price, within the Contract Times and in accordance with the other terms and conditions of the Contract Documents, including specifically the provision of paragraph 4.3. of the General Conditions. 6.5 CONTRACTOR has correlated the results of all such observations, examinations, investigations, tests, reports and data with the terms and conditions of the Contract Documents. 6.6 CONTRACTOR has given ENGINEER written notice of all conflicts, errors or discrepancies that he has discovered in the Contract Documents and the written resolution thereof by ENGINEER is acceptable to CONTRACTOR. 7.CONTRACT DOCUMENTS. 7.1 The Contract Documents which comprise the entire Agreement between OWNER and CONTRACTOR concerning the Work consist of the General Conditions, Supplementary Conditions, those items included in the definition of “Contract Documents” in Article 1.10 of the General Conditions, and such other items as are referenced in this Article 7, all of which are incorporated herein by this reference. 7.2 Forms for use by CONTRACTOR in performing the Work and related actions in carrying out the terms of this Agreement are deemed Contract Documents and incorporated herein by this reference, and include, but are not limited to, the following: 7.2.1 Certificate of Substantial Completion 7.2.2 Certificate of Final Acceptance 7.2.3 Lien Waiver Releases 7.2.4 Consent of Surety 7.2.5 Application for Exemption Certificate 7.2.6 Application for Payment DocuSign Envelope ID: 2087E535-42D8-4AF8-B022-31E32591D3B5 Services Agreement – Work Order Type RFP 9768 UPS Replacement – City Hall Page 16 of 109 7.3 Drawings, consisting of a cover sheet and sheets numbered as follows: The Contract Drawings shall be stamped "Final for Construction" and dated. Any revisions made shall be clearly identified and dated. 7.4 The Contract Documents also include all written amendments and other documents amending, modifying, or supplementing the Contract Documents pursuant to paragraphs 3.5 and 3.6 of the General Conditions. 7.5 There are no Contract Documents other than those listed or incorporated by reference in this Article 7. The Contract Documents may only be amended, modified or supplemented as provided in paragraphs 3.5 and 3.6 of the General Conditions. 8.MISCELLANEOUS 8.1. Terms used in this Agreement which are defined in Article I of the General Conditions shall have the meanings indicated in the General Conditions. 8.2. No assignment by a party hereto of any rights under or interests in the Contract Documents will be binding on another party hereto without the written consent of the party sought to be bound; and specifically but not without limitations, moneys that may become due and moneys that are due may not be assigned without such consent (except to the extent that the effect of this restriction may be limited by law), and unless specifically stated to the contrary in any written consent to an assignment no assignment will release or discharge that assignor from any duty or responsibility under the Contract Document. 8.3. OWNER and CONTRACTOR each binds itself, its partners, successors, assigns and legal representatives to the other party hereto, its partners, successors, assigns and legal representatives in respect to all covenants, Agreement and obligations contained in the Contract Document. 9.EXECUTION. Three (3) copies of this proposed Work Order & Notice of Award, and accompanying amendments or supplements to the Contract Documents (except any applicable Drawings) incorporated herein, are provided. Three (3) sets of any applicable Drawings will be delivered separately or otherwise made available to you immediately. You must comply with the following conditions precedent within fifteen (15) days of the date of this Notice of Award, that is, by MONTH, DATE, 2023. A.You must deliver to OWNER three (3) fully-executed counterparts of this Work Order, including all amendments or supplements to the Contract Documents incorporated herein. Each Work Order must bear your signature as provided. B.You must deliver with the executed Work Order the Contract Security (Bonds) and insurance, as specified in the Agreement, this Work Order, the General Conditions (Article 5.1) and the Supplementary Conditions. Failure to comply with these conditions within the time specified will entitle OWNER to consider your Bid abandoned and to annul this Work Order & Notice of Award. Within ten (10) days after DocuSign Envelope ID: 2087E535-42D8-4AF8-B022-31E32591D3B5 Services Agreement – Work Order Type RFP 9768 UPS Replacement – City Hall Page 17 of 109 you comply with those conditions, OWNER will return to you one (1) fully-signed counterpart of this Work Order with any amendments or supplements to the Contract Documents attached. CONTRACTOR’S NOTICE OF AWARD REPRESENTATION & EXECUTION: CONTRACTOR agrees to perform the services identified above, in accordance with the terms and conditions contained herein and in the AGREEMENT dated June 16, 2023, and the NOTICE OF AWARD dated MONTH DATE, 2023, between the parties. In the event of a conflict between or ambiguity in the terms of the AGREEMENT or specific Work Orders, the AGREEMENT shall control. CONTRACTOR: Kenny Electric Service, INC. By: Date: Name: Title: DocuSign Envelope ID: 2087E535-42D8-4AF8-B022-31E32591D3B5 Services Agreement – Work Order Type RFP 9768 UPS Replacement – City Hall Page 18 of 109 OWNER’S ACCEPTANCE & EXECUTION: This Work Order and the attached Contract Documents are hereby accepted and incorporated herein by this reference and the attached Notice to Proceed is hereby given. ACCEPTANCE: Date: _____ Jerod Cordell, Projects Manager OWNER: CITY OF FORT COLLINS ACCEPTANCE: ___________________________________________ Date: __________ Kelly DiMartino, City Manager (if greater than $1,000,000) ACCEPTANCE: ___________________________________________ Date: __________ Gerry Paul, Purchasing Director (if greater than $60,000) APPROVED AS TO FORM: __________________________________ Date: __________ ATTEST: ___ ________________________________________ Date: __________ DocuSign Envelope ID: 2087E535-42D8-4AF8-B022-31E32591D3B5 Services Agreement – Work Order Type RFP 9768 UPS Replacement – City Hall Page 19 of 109 BID SCHEDULE DocuSign Envelope ID: 2087E535-42D8-4AF8-B022-31E32591D3B5 Services Agreement – Work Order Type RFP 9768 UPS Replacement – City Hall Page 2 of 109 SECTION 00530 WORK ORDER NOTICE TO PROCEED NOTICE TO PROCEED DATE: MONTH DATE, 2023 WORK ORDER TITLE: 9768 UPS Replacement – City Hall WORK ORDER NUMBER: ORIGINAL BID/RFP # & TITLE: 9768 UPS Replacement – City Hall TO: Kenny Electric Service, INC. Attn: Orlando Ramirez 901 SW Frontage Road Fort Collins, CO 80524 This notice is to advise you: That the Work Order and all amendments and supplements to the Contract Documents covering the above described Work have been fully executed by the CONTRACTOR and the OWNER. That the required CONTRACTOR's Performance and Payment Bonds and insurance have been received by the OWNER. That the OWNER has approved the said Work Order and Contract Documents. Therefore, as the CONTRACTOR for the above described Work, you are hereby authorized and directed to proceed within fifteen (15) calendar days from receipt of this notice as required by the Work Order and the AGREEMENT 9768 UPS Replacement – City Hall. The dates for Substantial Completion and Final Acceptance shall be , and , respectively. Dated this _____________ day of ___________, _____. CITY OF FORT COLLINS (OWNER) By: ___________________________________________ ___________________________________________ Name & Title ACKNOWLEDGMENT OF NOTICE Receipt of the above Work Order Notice to Proceed is hereby acknowledged this _____________ day of ___________, _____. KENNY ELECTRIC SERVICE, INC. (CONTRACTOR) By: ___________________________________________ ___________________________________________ Name & Title DocuSign Envelope ID: 2087E535-42D8-4AF8-B022-31E32591D3B5 Services Agreement – Work Order Type RFP 9768 UPS Replacement – City Hall Page 3 of 109 SECTION 00600 BONDS AND CERTIFICATES 00610 Performance Bond 00615 Payment Bond 00630 Certificate of Insurance 00635 Certificate of Substantial Completion 00640 Certificate of Final Acceptance 00650 Lien Waiver Release (CONTRACTOR) 00651 Lien Waiver Release (SUBCONTRACTOR) 00660 Consent of Surety 00670 Application for Exemption Certificate DocuSign Envelope ID: 2087E535-42D8-4AF8-B022-31E32591D3B5 Services Agreement – Work Order Type RFP 9768 UPS Replacement – City Hall Page 4 of 109 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 16th day of June, 2023, for 9768 UPS Replacement – City Hall a copy of which is hereto attached and made a part hereof, for the performance of The City of Fort Collins Work Order, titled 9768 UPS Replacement – City Hall, dated the ___ day of ____, 2023, a copy of which is hereto attached and made a part hereof. NOW, THEREFORE, if the Principal shall well, truly and faithfully perform its duties, all the undertakings, covenants, terms, conditions and agreements of said Work Order and Agreement during the original term thereof, and any extensions thereof which may be granted by the OWNER, with or without Notice to the Surety and during the life of the guaranty period, and if the Principal shall satisfy all claims and demands incurred under such Work Order and Agreement, and shall fully indemnify and save harmless the OWNER from all cost and damages which it may suffer by reason of failure to do so, and shall reimburse and repay the OWNER all outlay and expense which the OWNER may incur in making good any default, then this obligation shall be void; otherwise to remain in full force and effect. PROVIDED, FURTHER, that the said Surety, for value received, hereby stipulates and agrees that no change, extension of time, alteration or addition to the terms of the Work Order and Agreement or to the Work to be performed thereunder or the Specifications accompanying the same shall in any way affect its obligation on this bond; and it does hereby waive notice of any such change, extension of time, alteration or addition to the terms of the Work Order and Agreement or to the Work or to the Specifications. PROVIDED, FURTHER, that no final settlement between the OWNER and the CONTRACTOR shall abridge the right of any beneficiary hereunder, whose claim may be unsatisfied. PROVIDED, FURTHER, that the Surety Company must be authorized to transact business in the State of Colorado and be acceptable to the OWNER. DocuSign Envelope ID: 2087E535-42D8-4AF8-B022-31E32591D3B5 Services Agreement – Work Order Type RFP 9768 UPS Replacement – City Hall Page 5 of 109 IN WITNESS WHEREOF, this instrument is executed in three (3) counterparts, each one of which shall be deemed an original, this _____ day of ___________, _____. IN PRESENCE OF: Principal (Title) (Title) (Corporate Seal) (Address) IN PRESENCE OF: Other Partners By: By: IN PRESENCE OF: Surety By: (Address) (Surety Seal) NOTE: Date of Bond must not be prior to date of Agreement. If CONTRACTOR is Partnership, all partners should execute Bond. DocuSign Envelope ID: 2087E535-42D8-4AF8-B022-31E32591D3B5 Services Agreement – Work Order Type RFP 9768 UPS Replacement – City Hall Page 6 of 109 SECTION 00615 PAYMENT BOND Bond No __ KNOW ALL MEN BY THESE PRESENTS: that (Firm) (Address) (an Individual), (a Partnership), (a Corporation), hereinafter referred to as the "Principal" and (Firm) (Address) hereinafter referred to as "the Surety", are held and firmly bound unto City of Fort Collins, 300 LaPorte Ave, Fort Collins, Colorado 80522 a (Municipal Corporation) hereinafter referred to as the "OWNER", in the penal sum of _________________ ($_______) in lawful money of the United States, for the payment of which sum well and truly to be made, we bind ourselves, successors and assigns, jointly and severally, firmly by these presents. THE CONDITIONS OF THIS OBLIGATION are such that whereas the Principal entered into a certain Agreement with the OWNER, dated the 16th day of June, 2023, for 9768 UPS Replacement – City Hall, a copy of which is hereto attached and made a part hereof, for the performance of The City of Fort Collins Work Order, titled 9768 UPS Replacement – City Hall, dated the ___ day of ___, 2023, a copy of which is hereto attached and made a part hereof. NOW, THEREFORE, if the Principal shall make payment to all persons, firms, subcontractors, and corporations furnishing materials for or performing labor in the prosecution of the Work provided for in such Work Order and Agreement and any authorized extension or modification thereof, including all amounts due for materials, lubricants, repairs on machinery, equipment and tools, consumed, rented or used in connection with the construction of such Work, and all insurance premiums on said Work, and for all labor, performed in such Work whether by subcontractor or otherwise, then this obligation shall be void; otherwise to remain in full force and effect. PROVIDED, FURTHER, that the said Surety, for value received, hereby stipulates and agrees that no change, extension of time, alteration or addition to the terms of the Work Order and Agreement or to the Work to be performed thereunder or the Specifications accompanying the same shall in any way affect its obligation on this bond; and it does hereby waive notice of any such change, extension of time, alteration or addition to the terms of the Work Order and Agreement or to the Work or to the Specifications. PROVIDED, FURTHER, that no final settlement between the OWNER and the CONTRACTOR shall abridge the right of any beneficiary hereunder, whose claim may be unsatisfied. PROVIDED, FURTHER, that the Surety Company must be authorized to transact business in the State of Colorado and be acceptable to the OWNER. DocuSign Envelope ID: 2087E535-42D8-4AF8-B022-31E32591D3B5 Services Agreement – Work Order Type RFP 9768 UPS Replacement – City Hall Page 7 of 109 IN WITNESS WHEREOF, this instrument is executed in three (3) counterparts, each one of which shall be deemed an original, this _____ day of ___________, _____. IN PRESENCE OF: Principal (Title) (Title) (Corporate Seal) (Address) IN PRESENCE OF: Other Partners By: By: IN PRESENCE OF: Surety By: (Address) (Surety Seal) NOTE: Date of Bond must not be prior to date of Agreement. If CONTRACTOR is Partnership, all partners should execute Bond. DocuSign Envelope ID: 2087E535-42D8-4AF8-B022-31E32591D3B5 Services Agreement – Work Order Type RFP 9768 UPS Replacement – City Hall Page 8 of 109 SECTION 00630 CERTIFICATE OF INSURANCE CONTRACTOR shall insert his own standard form for Certificate of Insurance in accordance with the following: 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. DocuSign Envelope ID: 2087E535-42D8-4AF8-B022-31E32591D3B5 SECTION 00635 CERTIFICATE OF SUBSTANTIAL COMPLETION TO: CITY OF FORT COLLINS (OWNER) WORK ORDER # & TITLE: 9768 UPS Replacement – City Hall DATE OF SUBSTANTIAL COMPLETION: ORIGINAL BID/RFP # & TITLE: 9768 UPS Replacement – City Hall PROJECT OR SPECIFIED PART SHALL LOCATION: Fort Collins, Colorado INCLUDE: OWNER: City of Fort Collins CONTRACTOR: Kenny Electric Service, INC. WORK ORDER DATE: The Work performed under this Work Order, pursuant to the Contract Documents, has been inspected by authorized representatives of the OWNER, CONTRACTOR, and the ENGINEER and the project (or specified part of the project, as indicated above) is hereby decla red to be substantially completed on the above date. A tentative list of items to be completed or corrected is appended hereto. This list may not be exhaustive, and the failure to include an item on it does not alter the responsibility of the CONTRACTOR to complete all the Work in accordance with the Contract Documents. _____________________________ By: __________________________ ________ PROJECT MANAGER AUTHORIZED REPRESENTATIVE DATE The CONTRACTOR accepts the above Certificate of Substantial Completion and agrees to complete and correct the items on the tentative list within the time indicated. _____________________________ By: __________________________ ________ CONTRACTOR AUTHORIZED REPRESENTATIVE DATE The OWNER accepts the project or specified area of the project as substantially complete and will assume full possession of the project or specified area of the project at 12:01 a.m., on . The responsibility for heat, utilities, security, and insurance under the Contract Documents shall be as set forth under "Remarks" below. CITY OF FORT COLLINS ________ By: __________________________ ________ OWNER AUTHORIZED REPRESENTATIVE DATE REMARKS: _________________________________________________________________ DocuSign Envelope ID: 2087E535-42D8-4AF8-B022-31E32591D3B5 ____________________________________________________________________________ ____________________________________________________________________________ DocuSign Envelope ID: 2087E535-42D8-4AF8-B022-31E32591D3B5 SECTION 00640 CERTIFICATE OF FINAL ACCEPTANCE DATE: ________________, _____ TO: Kenny Electric Service, INC. Gentlemen: You are hereby notified that on the day of , , the City of Fort Collins, Colorado, has accepted the Work completed by Kenny Electric Service, INC., for the City of Fort Collins Work Order, titled 9768 UPS Replacement – City Hall, Work Order Number 9768 UPS Replacement – City Hall. A check is attached hereto in the amount of $ as Final Payment for all Work done, subject to the terms of the Contract Documents, including the Work Order, which is dated __________, and the AGREEMENT, which is dated June 16, 2023. In conformance with the Work Order and Contract Documents for this project, your obligations and guarantees will continue for the specified time from the following date: ___________________, _____. Sincerely, City of Fort Collins OWNER By: ___________________________________________ ___________________________________________ Name & Title ATTEST: _________________________________________ ___________________________________________ Name & Title DocuSign Envelope ID: 2087E535-42D8-4AF8-B022-31E32591D3B5 SECTION 00650 LIEN WAIVER RELEASE (CONTRACTOR) TO: City of Fort Collins, Colorado (OWNER) FROM: Kenny Electric Service, INC. (CONTRACTOR) WORK ORDER TITLE: 9768 UPS Replacement – City Hall WORK ORDER NUMBER: ORIGINAL BID/RFP # & TITLE: 9768 UPS Replacement – City Hall 1.The CONTRACTOR acknowledges having received payment, except retainage from the OWNER for all work, labor, skill and material furnished, delivered and performed by the CONTRACTOR for the OWNER or for anyone in the construction, design, improvement, alteration, addition or repair of the above described project. 2.In consideration of such payment and other good and valuable consideration, the receipt and adequacy of which are hereby acknowledged, the CONTRACTOR voluntarily waives all rights, claims and liens, including but not limited to, mechanic's liens, Miller Act claims (40 U.S.C.A. 270 a and b), stop notices, equitable liens and labor and material bond rights which the CONTRACTOR may now or may afterward have, claim or assert for all and any work, labor, skill or materials furnished, delivered or performed for the construction, design, improvement, alteration, addition or repair of the above described project, against the OWNER or its officers, agents, employees or assigns, against any fund of or in the possession or control of the OWNER, against the project or against all land and the buildings on and appurtenances to the land improved by the project. 3.The CONTRACTOR affirms that all work, labor and materials, furnished, delivered or performed to or for the construction, design, improvement, alteration, addition or repair of the project were furnished, delivered or performed by the CONTRACTOR or its agents, employees, and servants, or by and through the CONTRACTOR by various Subcontractors or materialmen or their agents, employees and servants and further affirms the same have been paid in full and have released in full any and all existing or possible future mechanic's liens or rights or claims against the project or any funds in the OWNER'S possession or control concerning the project or against the OWNER or its officers, agents, employees or assigns arising out of the project. 4.The CONTRACTOR agrees to defend and hold harmless the OWNER, the lender, if any, and the Surety on the project against and from any claim hereinafter made by the CONTRACTOR's Subcontractors, materialmen, employees, servants, agents or assigns against the project or against the OWNER or its officers, employees, agents or assigns arising out of the project for all loss, damage and costs, including reasonable attorneys fees, incurred as a result of such claims. 5.The parties acknowledge that the description of the project set forth above constitutes an adequate description of the property and improvements to which this Lien Waiver Release pertains. It is further acknowledged that this Lien Waiver Release is for the benefit of and DocuSign Envelope ID: 2087E535-42D8-4AF8-B022-31E32591D3B5 may be relied upon by the OWNER, the lender, if any, and Surety on any labor and material bonds for the project. Signed this ______ day of __________, ___. CONTRACTOR: Kenny Electric Service, INC. By: ___________________________________________ ___________________________________________ Name & Title ATTEST: _____________________________ Secretary STATE OF COLORADO ) )ss. COUNTY OF LARIMER ) Subscribed and sworn to before me this _________ day of __________, _____, by ________________________________________________________________. Witness my hand and official seal. My Commission Expires: ___________________________. _________________________ Notary Public DocuSign Envelope ID: 2087E535-42D8-4AF8-B022-31E32591D3B5 SECTION 00660 CONSENT OF SURETY TO: City of Fort Collins, Colorado (hereinafter referred to as the "OWNER") CONTRACTOR: Kenny Electric Service, INC. WORK ORDER # & TITLE: 9768 UPS Replacement – City Hall ORIGINAL BID/RFP # & TITLE: CONTRACT DATE: 9768 UPS Replacement – City Hall June 16, 2023 WORK ORDER DATE: In accordance with the provisions of the Work Order and Contract between the OWNER and the CONTRACTOR as indicated above, for the Work Order titled 9768 UPS Replacement – City Hall on bond of , (Surety) _______________________________________ hereby approves of the Final Payment to the CONTRACTOR, and agrees that Final Payment to the CONTRACTOR shall not relieve the Surety Company of any of its obligations to the OWNER, as set forth in the said Surety Company's Bond. IN WITNESS WHEREOF, the Surety Company has hereunto set its hand this _________ day of _________ _, _____. ____________________________________________ (Surety Company) By: ________________________________________ (Name) Attorney-in-Fact ATTACH: Power of Attorney and Certificate of Authority of Attorney(s)-in-Fact. DocuSign Envelope ID: 2087E535-42D8-4AF8-B022-31E32591D3B5 SECTION 00670 APPLICATION FOR EXEMPTION CERTIFICATE DocuSign Envelope ID: 2087E535-42D8-4AF8-B022-31E32591D3B5 DocuSign Envelope ID: 2087E535-42D8-4AF8-B022-31E32591D3B5 DocuSign Envelope ID: 2087E535-42D8-4AF8-B022-31E32591D3B5 SECTION 00700 GENERAL CONDITIONS DocuSign Envelope ID: 2087E535-42D8-4AF8-B022-31E32591D3B5 DocuSign Envelope ID: 2087E535-42D8-4AF8-B022-31E32591D3B5 DocuSign Envelope ID: 2087E535-42D8-4AF8-B022-31E32591D3B5 DocuSign Envelope ID: 2087E535-42D8-4AF8-B022-31E32591D3B5 DocuSign Envelope ID: 2087E535-42D8-4AF8-B022-31E32591D3B5 DocuSign Envelope ID: 2087E535-42D8-4AF8-B022-31E32591D3B5 DocuSign Envelope ID: 2087E535-42D8-4AF8-B022-31E32591D3B5 DocuSign Envelope ID: 2087E535-42D8-4AF8-B022-31E32591D3B5 DocuSign Envelope ID: 2087E535-42D8-4AF8-B022-31E32591D3B5 DocuSign Envelope ID: 2087E535-42D8-4AF8-B022-31E32591D3B5 DocuSign Envelope ID: 2087E535-42D8-4AF8-B022-31E32591D3B5 DocuSign Envelope ID: 2087E535-42D8-4AF8-B022-31E32591D3B5 DocuSign Envelope ID: 2087E535-42D8-4AF8-B022-31E32591D3B5 DocuSign Envelope ID: 2087E535-42D8-4AF8-B022-31E32591D3B5 DocuSign Envelope ID: 2087E535-42D8-4AF8-B022-31E32591D3B5 DocuSign Envelope ID: 2087E535-42D8-4AF8-B022-31E32591D3B5 DocuSign Envelope ID: 2087E535-42D8-4AF8-B022-31E32591D3B5 DocuSign Envelope ID: 2087E535-42D8-4AF8-B022-31E32591D3B5 DocuSign Envelope ID: 2087E535-42D8-4AF8-B022-31E32591D3B5 DocuSign Envelope ID: 2087E535-42D8-4AF8-B022-31E32591D3B5 DocuSign Envelope ID: 2087E535-42D8-4AF8-B022-31E32591D3B5 DocuSign Envelope ID: 2087E535-42D8-4AF8-B022-31E32591D3B5 DocuSign Envelope ID: 2087E535-42D8-4AF8-B022-31E32591D3B5 DocuSign Envelope ID: 2087E535-42D8-4AF8-B022-31E32591D3B5 DocuSign Envelope ID: 2087E535-42D8-4AF8-B022-31E32591D3B5 DocuSign Envelope ID: 2087E535-42D8-4AF8-B022-31E32591D3B5 DocuSign Envelope ID: 2087E535-42D8-4AF8-B022-31E32591D3B5 DocuSign Envelope ID: 2087E535-42D8-4AF8-B022-31E32591D3B5 DocuSign Envelope ID: 2087E535-42D8-4AF8-B022-31E32591D3B5 DocuSign Envelope ID: 2087E535-42D8-4AF8-B022-31E32591D3B5 DocuSign Envelope ID: 2087E535-42D8-4AF8-B022-31E32591D3B5 DocuSign Envelope ID: 2087E535-42D8-4AF8-B022-31E32591D3B5 DocuSign Envelope ID: 2087E535-42D8-4AF8-B022-31E32591D3B5 DocuSign Envelope ID: 2087E535-42D8-4AF8-B022-31E32591D3B5 DocuSign Envelope ID: 2087E535-42D8-4AF8-B022-31E32591D3B5 DocuSign Envelope ID: 2087E535-42D8-4AF8-B022-31E32591D3B5 DocuSign Envelope ID: 2087E535-42D8-4AF8-B022-31E32591D3B5 DocuSign Envelope ID: 2087E535-42D8-4AF8-B022-31E32591D3B5 DocuSign Envelope ID: 2087E535-42D8-4AF8-B022-31E32591D3B5 DocuSign Envelope ID: 2087E535-42D8-4AF8-B022-31E32591D3B5 DocuSign Envelope ID: 2087E535-42D8-4AF8-B022-31E32591D3B5 DocuSign Envelope ID: 2087E535-42D8-4AF8-B022-31E32591D3B5 DocuSign Envelope ID: 2087E535-42D8-4AF8-B022-31E32591D3B5 DocuSign Envelope ID: 2087E535-42D8-4AF8-B022-31E32591D3B5 DocuSign Envelope ID: 2087E535-42D8-4AF8-B022-31E32591D3B5 DocuSign Envelope ID: 2087E535-42D8-4AF8-B022-31E32591D3B5 DocuSign Envelope ID: 2087E535-42D8-4AF8-B022-31E32591D3B5 DocuSign Envelope ID: 2087E535-42D8-4AF8-B022-31E32591D3B5 DocuSign Envelope ID: 2087E535-42D8-4AF8-B022-31E32591D3B5 DocuSign Envelope ID: 2087E535-42D8-4AF8-B022-31E32591D3B5 DocuSign Envelope ID: 2087E535-42D8-4AF8-B022-31E32591D3B5 DocuSign Envelope ID: 2087E535-42D8-4AF8-B022-31E32591D3B5 DocuSign Envelope ID: 2087E535-42D8-4AF8-B022-31E32591D3B5 DocuSign Envelope ID: 2087E535-42D8-4AF8-B022-31E32591D3B5 DocuSign Envelope ID: 2087E535-42D8-4AF8-B022-31E32591D3B5 SECTION 00800 SUPPLEMENTARY CONDITIONS Conditions of the Contract These Supplementary Conditions amend or supplement the General Conditions of the Construction Contract (EJCDC General Conditions 1910-8, 1990 edition, with City of Fort Collins Modifications, Rev. 9/94) and other provisions of the Contract Documents as indicated below. SC-1 DEFINITIONS SC-1.38. Add the following language to the conclusion of paragraph 1.38 of the General Conditions: 1.38. Substantial Completion. .... Substantial Completion is further defined as that degree of completion of the operating facilities or systems of the Project defined in the Work Order sufficient to provide the OWNER the full time, uninterrupted, continuous, beneficial operation of the modifications, and all inspections required have been completed and identified conditions corrected. SC-1.43.A. Add the following new paragraph immediately after paragraph 1.43 of the General Conditions: 1.43.A. Work Order--A written document executed by OWNER and CONTRACTOR that provides for the construction of a portion of the Work, pursuant to the Agreement and all as required by the Contract Documents, and that becomes a Contract Document when executed. SC-2 PRELIMINARY MATTERS SC-2.8. Delete paragraph 2.8 of the General Conditions entirely and replace it with the following paragraph: 2.8. Preconstruction Conference. Within ten days after the Contract Times for a Work Order start to run, but before any Work at the site is started, a conference attended by CONTRACTOR, ENGINEER and others as appropriate will be held to establish a working relationship among the parties as to the Work and to discuss the schedules referred to in paragraph 2.6, procedures for handling Shop Drawings and other submittals, processing Applications for Payment, and maintaining required records. SC-2.10. Add the following new paragraph immediately after paragraph 2.9 of the General Conditions: 2.10. Work Order Required for All Work. References to the Agreement in this Article 2 and in the General and Supplementary Conditions and Contract Documents notwithstanding, no Work shall be initiated or performed until CONTRACTOR has received a signed and executed Work Order, incorporating the Notice to Proceed, from OWNER; and no provision of this Article 2 or of the General and Supplementary DocuSign Envelope ID: 2087E535-42D8-4AF8-B022-31E32591D3B5 Conditions and Contract Documents shall permit or require any action of CONTRACTOR in the absence of a signed and executed Work Order. All provisions of this Article 2 and of the General and Supplementary Conditions and Contract Documents referencing the Agreement or other parts of the Contract Documents, or permitting or requiring any action of CONTRACTOR, shall be read as referencing and, as appropriate, requiring a signed and executed Work Order. SC-4 AVAILABILITY OF LANDS; SUBSURFACE AND PHYSICAL CONDITIONS; REFERENCE POINTS SC-4.2.1.2. Add the following new paragraph immediately following paragraph 4.2.1.2 of the General Conditions: 4.2.1.2.1. No drawing of physical conditions in or relating to existing surface or subsurface structures (except Underground Facilities referred to in paragraph 4.3) which are at or contiguous to the site have been utilized by the Engineer in preparation of the Contract Documents, except the following: SC-5 BONDS AND INSURANCE SC-5.4.7. Include the following parties or entities as additional insureds, as provided in paragraph 5.4.7 of the General Conditions: 5.4.7.1. City of Fort Collins, Colorado, 300 Laporte Ave., Fort Collins, Colorado 80521 5.4.7.2. . SC-5.4.8.1. Add the following new paragraph immediately following paragraph 5.4.8 of the General Conditions: 9.4.8.1. Limits of Liability. The limits of liability for the insurance required by the paragraph numbers of the General Conditions listed below are as follows: For Paragraphs 5.02.A.1 and 5.02.A.2: Coverage A - Statutory Limits; Coverage B - $100,000 / $100,000 / $500,000. For Paragraphs 5.02.A.3 and 5.02.A.5: The Commercial General Liability policy will have limits of $1,000,000 combined single limits (CSL). This policy will include coverage for Explosion, Collapse, and Underground coverage unless waived by the Owner. For Paragraph 5.02.A.6: The Comprehensive Automobile Liability Insurance policy will have limits of $1,000,000 combined single limits (CSL). For Paragraph 5.02.B.3: This policy will include completed operations coverage / product liability coverage with limits of $1,000,000 combined single limits (CSL). This policy shall also include an Umbrella Excess Liability as follows: General liability and automobile liability insurance in an amount not less than $1,000,000 per occurrence in excess of the above stated primary limits. DocuSign Envelope ID: 2087E535-42D8-4AF8-B022-31E32591D3B5 SC-6 CONTRACTOR’S RESPONSIBILITIES SC-6.14.3. Add the following new paragraph immediately after paragraph 6.14.2 of the General Conditions: 6.14.3. The following Laws or Regulations are included in the Contract Documents as mandated by statute or for the convenience of the CONTRACTOR. Other Laws and Regulations apply which are not included herein, and are within the CONTRACTOR's duty and responsibility for compliance thereto: 6.14.3.1. Notice to owners of Underground Facilities is required prior to excavations in the vicinity of such facilities. 6.14.3.2. Unless otherwise decided by reason of the amount of the Contract Price involved, or other good reason, before or at the time that the contract is awarded to a corporation outside the State of Colorado, such corporation must carry out the proper procedure to become authorized to do business in the State of Colorado, designate a place of business therein, and appoint an agent for service of process. Such corporation must furnish the OWNER with a certificate from the Secretary of State of Colorado has been issued by its office and there shall also be procured from the Colorado Secretary of State of photostatic or certified copy of the designated of place of business and appointment of agent for service of process, or a letter from the Colorado Secretary of State that such designation of place of business and agent for service of process have been made. 6.14.3.3. The CONTRACTOR must conform to the rules and regulations of the Industrial Commission of Colorado. Particular reference is made to rules and regulations governing excavation Work adopted by the Industrial Commission of Colorado. SC-11 CHANGE OF CONTRACT PRICE SC-11.6.2.7. Add the following new paragraph to paragraph 11.6.2 of the General Conditions: 11.6.2.7. Cost of the Work. Allowances for profit, overhead and mark-up prescribed by Article 4 of the Agreement shall be used in lieu of any CONTRACTOR'S fee, overhead, profit or mark-up allowances as prescribed in paragraphs 11.6.2.1, 11.6.2.2, and 11.6.2.3. SC-12 CHANGE OF CONTRACT TIMES SC-12.3. Add the following language to the end of paragraph 12.3 of the General Conditions: 12.3. .... Lost days due to abnormal weather conditions will be allocated as required. SC-14 PAYMENTS TO CONTRACTOR AND COMPLETION DocuSign Envelope ID: 2087E535-42D8-4AF8-B022-31E32591D3B5 SC-14.1. Add the following language to the end of paragraph 14.1 of the General Conditions: 14.1. Schedule of Values. .... Progress payments on the fixed fee shall be in proportion to the cumulative actual Cost of the Work as a percentage of the Allowable Cost of the Work. An amount not to exceed fifteen (15%) percent of the fixed fee shall be advanced to the Contractor for mobilization in the first progress payment. DocuSign Envelope ID: 2087E535-42D8-4AF8-B022-31E32591D3B5 SECTION 00900 ADDENDA, MODIFICATIONS AND PAYMENT 00950 Change Order 00960 Application for Payment DocuSign Envelope ID: 2087E535-42D8-4AF8-B022-31E32591D3B5 SECTION 00950 CHANGE ORDER FORM CHANGE ORDER NO. CONTRACTOR: Kenny Electric Service, INC. WORK ORDER TITLE & NO. : 9768 UPS Replacement – City Hall ORIGINAL BID/RFP # & TITLE: 9768 UPS Replacement – City Hall DESCRIPTION: 1. Reason for change: 2. Description of Change: 3. Change in Contract Cost: 4. Change in Contract Time: ORIGINAL CONTRACT COSTS $ ________________ TOTAL APPROVED CHANGE ORDER(S) $ ________________ TOTAL PENDING CHANGE ORDER(S) $ ________________ TOTAL THIS CHANGE ORDER $ ________________ TOTAL % OF ORIGINAL CONTRACT, THIS CO: _______________ % TOTAL % OF ORIGINAL CONTRACT, ALL CO’S: _______________ % ADJUSTED CONTRACT COST $ ________________ _________________ (Assuming all change orders approved) ACCEPTED BY: _____________________________________ DATE: ____________ Contractor's Representative ACCEPTED BY: _____________________________________ DATE: ____________ Project Manager REVIEWED BY: _____________________________________ DATE: ____________ Title: APPROVED BY: _____________________________________ DATE: ____________ Title: APPROVED BY: _____________________________________ DATE: ____________ (Purchasing Agent if > $60,000) cc: City Clerk Architect/Engineer Finance Purchasing Project Manager Contractor DocuSign Envelope ID: 2087E535-42D8-4AF8-B022-31E32591D3B5 SECTION 00960 PAYMENT APPLICATION DocuSign Envelope ID: 2087E535-42D8-4AF8-B022-31E32591D3B5 Section 00960 APPLICATION FOR PAYMENT PAGE 1 OF 4 OWNER: City of Fort Collins PROJECT: APPLICATION NUMBER: APPLICATION DATE: PERIOD BEGINNING: ENGINEER: CONTRACTOR: PERIOD ENDING: PROJECT NUMBER: CHANGE ORDERS Application is made for Payment as shown below in connection with Contract NUMBER DATE AMOUNT The present status of the account for this Contract is as follows: 1 2 Original Contract Amount: 3 Net Change by Change Order: Current contract Amount: $0.00 Total Completed and Stored to Date: Less Previous Applications: Amount Due this Application - Before Retainage: $0.00 Less Retainage: Net Change by Change Order $0.00 AMOUNT DUE THIS APPLICATION: $0.00 CERTIFICATION: The undersigned CONTRACTOR certifies that all obligations of CONTRACTOR incurred in connection with the Work have been satisfied as required in Paragraph 14.3. of the General Conditions of the Contract. The above Amount Due This Application is requested by the CONTRACTOR. Date: By: Payment of the above Amount Due This Application is recommended by the ENGINEER. Date: By: Payment of the above Amount Due This Application has been reviewed by the OWNER'S Project Manager. Date: By: Payment of the above Amount Due This Application is approved by the OWNER. Date: By: CONTRACT AMOUNTS APPLICATION FOR PAYMENT PAGE 2 OF 4 Work Completed Work Completed Work Completed Stored Bid This Month Previous Periods To Date Materials Total Item This Earned Percent Number Description Quantity Units Unit Price Amount Qty. Amount Qty. Amount Qty. 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Amount Qty. Amount Qty. Amount Period To Date Billed $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 TOTALS CHANGE ORDERS $0.00 $0.00 $0.00 $0.00 $0.00 PROJECT TOTALS $0.00 $0.00 $0.00 $0.00 $0.00 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 DocuSign Envelope ID: 2087E535-42D8-4AF8-B022-31E32591D3B5 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 TOTALS $0.00 $0.00 $0.00 $0.00 DocuSign Envelope ID: 2087E535-42D8-4AF8-B022-31E32591D3B5 EXHIBIT C SCOPE OF SERVICES B. Scope of Work The City of Fort Collins is requesting proposals from qualified Service Providers to supply and install an Uninterrupted Power Supply (UPS) for the Fort Collins City Hall. It is the intent of this RFP to leverage the experience of companies to provide the City of Fort Collins with a solution that successfully meets the City’s Power needs based on the system requirements provided in this RFP. Please provide product information for the proposed UPS system and provide hardware costs and potential options. 18. Equipment must be datacenter grade rated. 19. Warranty options: Include 24/7 support for first year. 20. Current UPS is a 75KVA 480v primary, 277/480v secondary. 21. Current unit has integrated bypass. We would like this to be a separate unit. 22. Unit must have a 4hr run time. 23. Unit must have capability for IP network control, monitoring, and alerts. 24. Unit must be compatible with automatically switching over to existing generator. 25. Unit must have a high efficacy rating. 26. Downtime must be coordinated and scheduled prior and limited to minimal amount of time. 27. Service Provider must provide removal and recycling certificate of existing UPS unit and batteries. (Attachment A) 28. Service Provider is required to conduct a start-up test of each newly installed unit to demonstrate and confirm correct installation and proper functioning which must include at a minimum, the failover/failback, bypass and switching capabilities. 29. Service Provider must provide an arc flash report for the new equipment installed. 30. Service Provider to follow NEC (2023 Edition) and NFPA 70E standards. 31. Service Provider to provide a clean and safe work site at all times. 32. At any time, if the City determines that personnel on the construction team is not fit to continue, the City reserves the right to direct Service Provider personnel changes as needed. 33. Contractor will be expected to follow the City of Fort Collins QA/QC program. A copy of the QA/QC Plan along with Checklists can be downloaded at: https://www.fcgov.com/opserv/pdf/dsgnstnds/qa-qc-plan.pdf?1360100535 a. Please reference: i. Written QA-QC Plan ii. Preparatory Phase Checklist iii. QC Initial Checklist iv. QC Follow-Up Checklist DocuSign Envelope ID: 2087E535-42D8-4AF8-B022-31E32591D3B5 34. Any damage caused to the existing buildings, parking lot, & site during construction or through access to the construction area will be at the contractor’s expense to repair the damaged area to existing conditions before the damage occurred. All OSHA regulations to be followed at all times. DocuSign Envelope ID: 2087E535-42D8-4AF8-B022-31E32591D3B5 EXHIBIT D BID PROPOSAL FORM DocuSign Envelope ID: 2087E535-42D8-4AF8-B022-31E32591D3B5 DocuSign Envelope ID: 2087E535-42D8-4AF8-B022-31E32591D3B5 DocuSign Envelope ID: 2087E535-42D8-4AF8-B022-31E32591D3B5 EXHIBIT E CONFIDENTIALITY IN CONNECTION WITH SERVICES provided to the City of Fort Collins (the “City”) pursuant to this Agreement (the “Agreement”), the Service Provider hereby acknowledges that it has been informed that the City has established policies and procedures with regard to the handling of confidential information and other sensitive materials. In consideration of access to certain information, data and material (hereinafter individually and collectively, regardless of nature, referred to as “information”) that are the property of and/or relate to the City or its employees, customers or suppliers, which access is related to the performance of services that the Service Provider has agreed to perform, the Service Provider hereby acknowledges and agrees as follows: That information that has or will come into its possession or knowledge in connection with the performance of services for the City may be confidential and/or proprietary. The Service Provider agrees to treat as confidential (a) all information that is owned by the City, or that relates to the business of the City, or that is used by the City in carrying on business, and (b) all information that is proprietary to a third party (including but not limited to customers and suppliers of the City). The Service Provider shall not disclose any such information to any person not having a legitimate need-to-know for purposes authorized by the City. Further, the Service Provider shall not use such information to obtain any economic or other benefit for itself, or any third party, except as specifically authorized by the City. The foregoing to the contrary notwithstanding, the Service Provider understands that it shall have no obligation under this Agreement with respect to information and material that (a) becomes generally known to the public by publication or some means other than a breach of duty of this Agreement, or (b) is required by law, regulation or court order to be disclosed, provided that the request for such disclosure is proper and the disclosure does not exceed that which is required. In the event of any disclosure under (b) above, the Service Provider shall furnish a copy of this Agreement to anyone to whom it is required to make such disclosure and shall promptly advise the City in writing of each such disclosure. In the event that the Service Provider ceases to perform services for the City, or the City so requests for any reason, the Service Provider shall promptly return to the City any and all information described hereinabove, including all copies, notes and/or summaries (handwritten or mechanically produced) thereof, in its possession or control or as to which it otherwise has access. The Service Provider understands and agrees that the City’s remedies at law for a breach of the Service Provider’s obligations under this Confidentiality Agreement may be inadequate and that the City shall, in the event of any such breach, be entitled to seek equitable relief (including without limitation preliminary and permanent injunctive relief and specific performance) in addition to all other remedies provided hereunder or available at law. DocuSign Envelope ID: 2087E535-42D8-4AF8-B022-31E32591D3B5 ATTACHMENT A Removal and Recycling Certificate / Recycling Resources DocuSign Envelope ID: 2087E535-42D8-4AF8-B022-31E32591D3B5 DocuSign Envelope ID: 2087E535-42D8-4AF8-B022-31E32591D3B5 Services Agreement – Work Order Type RFP 9768 UPS Replacement – City Hall Page 1 of 96 WORK ORDER FORM (Construction over $100,000) CONSTRUCTION WORK ORDER FOR 9768 UPS Replacement – City Hall WORK ORDER NO. 1 TITLED 9768 UPS Replacement – City Hall DATE: CONTRACTOR: June 16, 2023 Kenny Electric Service, INC. DocuSign Envelope ID: 2087E535-42D8-4AF8-B022-31E32591D3B5 Services Agreement – Work Order Type RFP 9768 UPS Replacement – City Hall Page 2 of 96 TABLE OF CONTENTS AGREEMENT FORMS 00525 Work Order & Notice of Award 00530 Work Order Notice to Proceed 00600 Bonds and Certificates 00610 Performance Bond 00615 Payment Bond 00630 Certificate of Insurance 00635 Certificate of Substantial Completion 00640 Certificate of Final Acceptance 00650 Lien Waiver Release (CONTRACTOR) 00660 Consent of Surety 00670 Application for Exemption Certificate CONDITIONS OF THE CONTRACT 00700 General Conditions Exhibit GC-A GC-A1 - GC-A2 00800 Supplementary Conditions 00900 Addenda, Modifications and Payment 00950 Work Order Change Order Form 00960 Application for Payment ATTACHMENT A Removal and Recycling Certificate / Recycling Resources DocuSign Envelope ID: 2087E535-42D8-4AF8-B022-31E32591D3B5 Services Agreement – Work Order Type RFP 9768 UPS Replacement – City Hall Page 3 of 96 SECTION 00500 CONSTRUCTION WORK ORDER AGREEMENT FORMS 00525 Work Order, Notice of Award & Bid Schedule 00530 Work Order Notice to Proceed DocuSign Envelope ID: 2087E535-42D8-4AF8-B022-31E32591D3B5 Services Agreement – Work Order Type RFP 9768 UPS Replacement – City Hall Page 4 of 96 SECTION 00525 WORK ORDER, NOTICE OF AWARD AND BID SCHEDULE TO (CONTRACTOR OR CM/GC): Kenny Electric Service, INC. WORK ORDER # & TITLE: 9768 UPS Replacement – City Hall PURCHASE ORDER: ORIGINAL BID/RFP # & TITLE: 9768 UPS Replacement – City Hall ENGINEER: City of Fort Collins OWNER’S REPRESENTATIVE: Bryan Garrett NOTICE OF AWARD DATE: OWNER: June 16, 2023 City of Fort Collins (hereinafter referred to as OWNER) 1.WORK. You are hereby notified that your bid dated April 21, 2023, for the above Work Order has been considered. Pursuant to your AGREEMENT with OWNER dated June 16, 2023, you have been awarded a Work Order for this Work Order Description: A.Scope of Work The City of Fort Collins is requesting proposals from qualified Service Providers to supply and install an Uninterrupted Power Supply (UPS) for the Fort Collins City Hall. It is the intent of this RFP to leverage the experience of companies to provide the City of Fort Collins with a solution that successfully meets the City’s Power needs based on the system requirements provided in this RFP. Please provide product information for the proposed UPS system and provide hardware costs and potential options. 1.Equipment must be datacenter grade rated. 2.Warranty options: Include 24/7 support for first year. 3.Current UPS is a 75KVA 480v primary, 277/480v secondary. 4.Current unit has integrated bypass. We would like this to be a separate unit. 5.Unit must have a 4hr run time. 6.Unit must have capability for IP network control, monitoring, and alerts. 7.Unit must be compatible with automatically switching over to existing generator. 8.Unit must have a high efficacy rating. 9.Downtime must be coordinated and scheduled prior and limited to minimal amount of time. 10.Service Provider must provide removal and recycling certificate of existing UPS unit and batteries. (Attachment A) 11.Service Provider is required to conduct a start-up test of each newly installed unit to demonstrate and confirm correct installation and proper functioning which must include at a minimum, the failover/failback, bypass and switching capabilities. 12.Service Provider must provide an arc flash report for the new equipment installed. DocuSign Envelope ID: 2087E535-42D8-4AF8-B022-31E32591D3B5 Services Agreement – Work Order Type RFP 9768 UPS Replacement – City Hall Page 5 of 96 13.Service Provider to follow NEC (2023 Edition) and NFPA 70E standards. 14.Service Provider to provide a clean and safe work site at all times. 15.At any time, if the City determines that personnel on the construction team is not fit to continue, the City reserves the right to direct Service Provider personnel changes as needed. 16.Contractor will be expected to follow the City of Fort Collins QA/QC program. A copy of the QA/QC Plan along with Checklists can be downloaded at: https://www.fcgov.com/opserv/pdf/dsgnstnds/qa-qc-plan.pdf?1360100535 a.Please reference: i.Written QA-QC Plan ii.Preparatory Phase Checklist iii.QC Initial Checklist iv.QC Follow-Up Checklist 17.Any damage caused to the existing buildings, parking lot, & site during construction or through access to the construction area will be at the contractor’s expense to repair the damaged area to existing conditions before the damage occurred. All OSHA regulations to be followed at all times. 2.CONTRACT PRICE, BONDS AND CERTIFICATES. The price of your Work Order is One Hundred Forty Thousand Seven Hundred Eighty Five Dollars ($140,785.00). Pursuant to the AGREEMENT and the Contract Documents, Performance and Payment Bonds and insurance are required. 3.CONTRACT TIMES. Pursuant to the AGREEMENT and the Contract Documents, the date for Substantial Completion of this Work Order is September 29, 2023, and after Substantial Completion, the date for Final Completion is October 29, 2023. 4.LIQUIDATED DAMAGES. OWNER and CONTRACTOR recognize that time is of the essence of this Agreement and that OWNER will suffer financial loss if the Work is not completed within the times specified in paragraph 3 above, plus any extensions thereof allowed in accordance with Article 12 of the General Conditions. They also recognize the delays, expenses and difficulties involved in proving in a legal proceeding the actual loss suffered by OWNER if the Work is not completed on time. Accordingly instead of requiring any such proof, OWNER and CONTRACTOR agree that as liquidated damages for delay (but not as penalty) CONTACTOR shall pay OWNER the amounts set forth hereafter. 1.Substantial Completion: Three Hundred Dollars ($300.00) for each calendar day or fraction thereof that expires after September 29, 2023 until the work is Substantially Complete. 2.Final Acceptance: After Substantial Completion One Hundred Fifty Dollars ($150.00) 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. DocuSign Envelope ID: 2087E535-42D8-4AF8-B022-31E32591D3B5 Services Agreement – Work Order Type RFP 9768 UPS Replacement – City Hall Page 6 of 96 5.PAYMENT PROCEDURES. CONTRACTOR shall submit Applications for Payment in accordance with Article 14 of the General Conditions. Applications for Payment will be processed by ENGINEER as provided in the General Conditions. 5.1 PROGRESS PAYMENTS. OWNER shall make progress payments on account of the Contract Price on the basis of CONTRACTOR's Application for Payment as recommended by ENGINEER, once each month during construction as provided below. All progress payments will be on the basis of the progress of the Work measured by the schedule of values established in paragraph 2.6 of the General Conditions and in the case of Unit Price Work based on the number of units completed, and in accordance with the General Requirements concerning Unit Price Work. 5.1.1 Prior to Substantial Completion, Owner will be entitled to withhold as contract retainage five percent (5%) of each progress payment, but, in each case, less the aggregate of payments previously made and less such amounts as ENGINEER shall determine, or OWNER may withhold, in accordance with paragraph 14.7 of the General Conditions. If , in the sole discretion of Owner, on recommendation of Engineer, Owner determines that the character and progress of the Work have been satisfactory to OWNER and ENGINEER, OWNER may determine that as long as the character and progress of the Work remain satisfactory to them, there will be no additional retainage on account of Work completed in which case the remaining progress payments prior to Substantial Completion will be in an amount equal to 100% of the Work completed. 95% of materials and equipment not incorporated in the Work (but delivered, suitably stored and accompanied by documentation satisfactory to OWNER as provided in paragraph 14.2 of the General Conditions) may be included in the application Section 00960. 5.1.2 Upon Substantial Completion payment will be made in an amount sufficient, if necessary, to increase total payments to CONTRACTOR to 95% of the Contract Price, less such amounts as ENGINEER shall determine or OWNER may withhold in accordance with paragraph 14.7 of the General Conditions or as provided by law. 5.2 FINAL PAYMENT. Upon Final Completion and Acceptance of the Work in accordance with paragraph 14.13 of the General Conditions, OWNER shall pay the remainder of the Contract Price as recommended by ENGINEER as provided in said paragraph 14.13. 6.CONTRACTOR'S REPRESENTATION. In order to induce OWNER to enter into this Agreement, CONTRACTOR makes the following representations: 6.1 CONTRACTOR has familiarized himself with the nature and extent of the Contract Documents, Work, site, locality, and with all local conditions and Laws and Regulations that in any manner may affect cost, progress, performance or furnishing of the Work. 6.2 CONTRACTOR has studied carefully all reports of explorations and tests of subsurface conditions and drawings of physical conditions which are DocuSign Envelope ID: 2087E535-42D8-4AF8-B022-31E32591D3B5 Services Agreement – Work Order Type RFP 9768 UPS Replacement – City Hall Page 7 of 96 identified in the Supplementary Conditions as provided in paragraph 4.2 of the General Conditions. 6.3 CONTRACTOR has obtained and carefully studied (or assumes responsibility for obtaining and carefully studying) all such examinations, investigations, explorations, tests, reports, and studies (in addition to or to supplement those referred to in paragraph 6.2 above) which pertain to the subsurface or physical condition at or contiguous to the site or otherwise may affect the cost, progress, performance or furnishing of the Work as CONTRACTOR considers necessary for the performance or furnishing of the Work at the Contract Price, within the Contract Times and in accordance with the other terms and conditions of the Contract Documents, including specifically the provisions of paragraph 4.2 of the General Conditions; and no additional examinations, investigations, explorations, tests, reports, studies or similar information or data are or will be required by CONTRACTOR for such purposes. 6.4 CONTRACTOR has reviewed and checked all information and data shown or indicated on the Contract Documents with respect to existing Underground Facilities at or contiguous to the site and assumes responsibility for the accurate location of said Underground Facilities. No additional examinations, investigations, explorations, tests, reports, studies or similar information or data in respect of said Underground Facilities are or will be required by CONTRACTOR in order to perform and furnish the Work at the Contract Price, within the Contract Times and in accordance with the other terms and conditions of the Contract Documents, including specifically the provision of paragraph 4.3. of the General Conditions. 6.5 CONTRACTOR has correlated the results of all such observations, examinations, investigations, tests, reports and data with the terms and conditions of the Contract Documents. 6.6 CONTRACTOR has given ENGINEER written notice of all conflicts, errors or discrepancies that he has discovered in the Contract Documents and the written resolution thereof by ENGINEER is acceptable to CONTRACTOR. 7.CONTRACT DOCUMENTS. 7.1 The Contract Documents which comprise the entire Agreement between OWNER and CONTRACTOR concerning the Work consist of the General Conditions, Supplementary Conditions, those items included in the definition of “Contract Documents” in Article 1.10 of the General Conditions, and such other items as are referenced in this Article 7, all of which are incorporated herein by this reference. 7.2 Forms for use by CONTRACTOR in performing the Work and related actions in carrying out the terms of this Agreement are deemed Contract Documents and incorporated herein by this reference, and include, but are not limited to, the following: 7.2.1 Certificate of Substantial Completion 7.2.2 Certificate of Final Acceptance 7.2.3 Lien Waiver Releases 7.2.4 Consent of Surety DocuSign Envelope ID: 2087E535-42D8-4AF8-B022-31E32591D3B5 Services Agreement – Work Order Type RFP 9768 UPS Replacement – City Hall Page 8 of 96 7.2.5 Application for Exemption Certificate 7.2.6 Application for Payment 7.3 Drawings, consisting of a cover sheet and sheets numbered as follows: The Contract Drawings shall be stamped "Final for Construction" and dated. Any revisions made shall be clearly identified and dated. 7.4 The Contract Documents also include all written amendments and other documents amending, modifying, or supplementing the Contract Documents pursuant to paragraphs 3.5 and 3.6 of the General Conditions. 7.5 There are no Contract Documents other than those listed or incorporated by reference in this Article 7. The Contract Documents may only be amended, modified or supplemented as provided in paragraphs 3.5 and 3.6 of the General Conditions. 8.MISCELLANEOUS 8.1. Terms used in this Agreement which are defined in Article I of the General Conditions shall have the meanings indicated in the General Conditions. 8.2. No assignment by a party hereto of any rights under or interests in the Contract Documents will be binding on another party hereto without the written consent of the party sought to be bound; and specifically but not without limitations, moneys that may become due and moneys that are due may not be assigned without such consent (except to the extent that the effect of this restriction may be limited by law), and unless specifically stated to the contrary in any written consent to an assignment no assignment will release or discharge that assignor from any duty or responsibility under the Contract Document. 8.3. OWNER and CONTRACTOR each binds itself, its partners, successors, assigns and legal representatives to the other party hereto, its partners, successors, assigns and legal representatives in respect to all covenants, Agreement and obligations contained in the Contract Document. 9.EXECUTION. Three (3) copies of this proposed Work Order & Notice of Award, and accompanying amendments or supplements to the Contract Documents (except any applicable Drawings) incorporated herein, are provided. Three (3) sets of any applicable Drawings will be delivered separately or otherwise made available to you immediately. You must comply with the following conditions precedent within fifteen (15) days of the date of this Notice of Award, that is, by July 1, 2023. A.You must deliver to OWNER three (3) fully-executed counterparts of this Work Order, including all amendments or supplements to the Contract Documents incorporated herein. Each Work Order must bear your signature as provided. B.You must deliver with the executed Work Order the Contract Security (Bonds) and insurance, as specified in the Agreement, this Work Order, the General Conditions (Article 5.1) and the Supplementary Conditions. DocuSign Envelope ID: 2087E535-42D8-4AF8-B022-31E32591D3B5 Services Agreement – Work Order Type RFP 9768 UPS Replacement – City Hall Page 9 of 96 Failure to comply with these conditions within the time specified will entitle OWNER to consider your Bid abandoned and to annul this Work Order & Notice of Award. Within ten (10) days after you comply with those conditions, OWNER will return to you one (1) fully-signed counterpart of this Work Order with any amendments or supplements to the Contract Documents attached. CONTRACTOR’S NOTICE OF AWARD REPRESENTATION & EXECUTION: CONTRACTOR agrees to perform the services identified above, in accordance with the terms and conditions contained herein and in the AGREEMENT dated June 16, 2023, and the NOTICE OF AWARD dated June 16, 2023, between the parties. In the event of a conflict between or ambiguity in the terms of the AGREEMENT or specific Work Orders, the AGREEMENT shall control. CONTRACTOR: Kenny Electric Service, INC. By: Date: Name: Title: DocuSign Envelope ID: 2087E535-42D8-4AF8-B022-31E32591D3B5 Vice President OperationsGeorge Kettlewell 6/16/2023 Services Agreement – Work Order Type RFP 9768 UPS Replacement – City Hall Page 10 of 96 OWNER’S ACCEPTANCE & EXECUTION: This Work Order and the attached Contract Documents are hereby accepted and incorporated herein by this reference and the attached Notice to Proceed is hereby given. ACCEPTANCE: Date: _____ Jerod Cordell, Projects Manager OWNER: CITY OF FORT COLLINS ACCEPTANCE: ___________________________________________ Date: __________ Kelly DiMartino, City Manager (if greater than $1,000,000) ACCEPTANCE: ___________________________________________ Date: __________ Gerry Paul, Purchasing Director (if greater than $60,000) APPROVED AS TO FORM: __________________________________ Date: __________ ATTEST: ___ ________________________________________ Date: __________ DocuSign Envelope ID: 2087E535-42D8-4AF8-B022-31E32591D3B5 6/16/2023 Assistant City Attorney 6/20/2023 6/20/2023 Chief Deputy City Clerk 6/23/2023 Services Agreement – Work Order Type RFP 9768 UPS Replacement – City Hall Page 11 of 96 BID SCHEDULE DocuSign Envelope ID: 2087E535-42D8-4AF8-B022-31E32591D3B5 Services Agreement – Work Order Type RFP 9768 UPS Replacement – City Hall Page 12 of 96 DocuSign Envelope ID: 2087E535-42D8-4AF8-B022-31E32591D3B5 Services Agreement – Work Order Type RFP 9768 UPS Replacement – City Hall Page 13 of 96 DocuSign Envelope ID: 2087E535-42D8-4AF8-B022-31E32591D3B5 Services Agreement – Work Order Type RFP 9768 UPS Replacement – City Hall Page 14 of 96 SECTION 00530 WORK ORDER NOTICE TO PROCEED NOTICE TO PROCEED DATE: WORK ORDER TITLE: WORK ORDER NUMBER: ORIGINAL BID/RFP # & TITLE: June 16, 2023 9768 UPS Replacement – City Hall 1 9768 UPS Replacement – City Hall TO: Kenny Electric Service, INC. Attn: Orlando Ramirez 901 SW Frontage Road Fort Collins, CO 80524 This notice is to advise you: That the Work Order and all amendments and supplements to the Contract Documents covering the above described Work have been fully executed by the CONTRACTOR and the OWNER. That the required CONTRACTOR's Performance and Payment Bonds and insurance have been received by the OWNER. That the OWNER has approved the said Work Order and Contract Documents. Therefore, as the CONTRACTOR for the above described Work, you are hereby authorized and directed to proceed within fifteen (15) calendar days from receipt of this notice as required by the Work Order and the AGREEMENT 9768 UPS Replacement – City Hall. The dates for Substantial Completion and Final Acceptance shall be , and , respectively. Dated this _____________ day of ___________, _____. CITY OF FORT COLLINS (OWNER) By: ___________________________________________ ___________________________________________ Name & Title ACKNOWLEDGMENT OF NOTICE Receipt of the above Work Order Notice to Proceed is hereby acknowledged this _____________ day of ___________, _____. KENNY ELECTRIC SERVICE, INC. (CONTRACTOR) By: ___________________________________________ ___________________________________________ Name & Title DocuSign Envelope ID: 2087E535-42D8-4AF8-B022-31E32591D3B5 Services Agreement – Work Order Type RFP 9768 UPS Replacement – City Hall Page 15 of 96 SECTION 00600 BONDS AND CERTIFICATES 00610 Performance Bond 00615 Payment Bond 00630 Certificate of Insurance 00635 Certificate of Substantial Completion 00640 Certificate of Final Acceptance 00650 Lien Waiver Release (CONTRACTOR) 00651 Lien Waiver Release (SUBCONTRACTOR) 00660 Consent of Surety 00670 Application for Exemption Certificate DocuSign Envelope ID: 2087E535-42D8-4AF8-B022-31E32591D3B5 Services Agreement – Work Order Type RFP 9768 UPS Replacement – City Hall Page 16 of 96 SECTION 00610 PERFORMANCE BOND Bond No __ KNOW ALL PEOPLE 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 One Hundred Forty Thousand Seven Hundred Eighty Five Dollars ($140,785.00) 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 16th day of June, 2023, for 9768 UPS Replacement – City Hall a copy of which is hereto attached and made a part hereof, for the performance of The City of Fort Collins Work Order, titled 9768 UPS Replacement – City Hall, dated the 4th day of May, 2023, a copy of which is hereto attached and made a part hereof. NOW, THEREFORE, if the Principal shall well, truly and faithfully perform its duties, all the undertakings, covenants, terms, conditions and agreements of said Work Order and Agreement during the original term thereof, and any extensions thereof which may be granted by the OWNER, with or without Notice to the Surety and during the life of the guaranty period, and if the Principal shall satisfy all claims and demands incurred under such Work Order and Agreement, and shall fully indemnify and save harmless the OWNER from all cost and damages which it may suffer by reason of failure to do so, and shall reimburse and repay the OWNER all outlay and expense which the OWNER may incur in making good any default, then this obligation shall be void; otherwise to remain in full force and effect. PROVIDED, FURTHER, that the said Surety, for value received, hereby stipulates and agrees that no change, extension of time, alteration or addition to the terms of the Work Order and Agreement or to the Work to be performed thereunder or the Specifications accompanying the same shall in any way affect its obligation on this bond; and it does hereby waive notice of any such change, extension of time, alteration or addition to the terms of the Work Order and Agreement or to the Work or to the Specifications. PROVIDED, FURTHER, that no final settlement between the OWNER and the CONTRACTOR shall abridge the right of any beneficiary hereunder, whose claim may be unsatisfied. PROVIDED, FURTHER, that the Surety Company must be authorized to transact business in the State of Colorado and be acceptable to the OWNER. DocuSign Envelope ID: 2087E535-42D8-4AF8-B022-31E32591D3B5 Services Agreement – Work Order Type RFP 9768 UPS Replacement – City Hall Page 17 of 96 IN WITNESS WHEREOF, this instrument is executed in three (3) counterparts, each one of which shall be deemed an original, this _____ day of ___________, _____. IN PRESENCE OF: Principal (Title) (Title) (Corporate Seal) (Address) IN PRESENCE OF: Other Partners By: By: IN PRESENCE OF: Surety By: (Address) (Surety Seal) NOTE: Date of Bond must not be prior to date of Agreement. If CONTRACTOR is Partnership, all partners should execute Bond. DocuSign Envelope ID: 2087E535-42D8-4AF8-B022-31E32591D3B5 Services Agreement – Work Order Type RFP 9768 UPS Replacement – City Hall Page 18 of 96 SECTION 00615 PAYMENT BOND Bond No __ KNOW ALL PEOPLE 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 One Hundred Forty Thousand Seven Hundred Eighty Five Dollars ($140,785.00) 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 16th day of June, 2023, for 9768 UPS Replacement – City Hall, a copy of which is hereto attached and made a part hereof, for the performance of The City of Fort Collins Work Order, titled 9768 UPS Replacement – City Hall, dated the 16th day of June, 2023, a copy of which is hereto attached and made a part hereof. NOW, THEREFORE, if the Principal shall make payment to all persons, firms, subcontractors, and corporations furnishing materials for or performing labor in the prosecution of the Work provided for in such Work Order and Agreement and any authorized extension or modification thereof, including all amounts due for materials, lubricants, repairs on machinery, equipment and tools, consumed, rented or used in connection with the construction of such Work, and all insurance premiums on said Work, and for all labor, performed in such Work whether by subcontractor or otherwise, then this obligation shall be void; otherwise to remain in full force and effect. PROVIDED, FURTHER, that the said Surety, for value received, hereby stipulates and agrees that no change, extension of time, alteration or addition to the terms of the Work Order and Agreement or to the Work to be performed thereunder or the Specifications accompanying the same shall in any way affect its obligation on this bond; and it does hereby waive notice of any such change, extension of time, alteration or addition to the terms of the Work Order and Agreement or to the Work or to the Specifications. PROVIDED, FURTHER, that no final settlement between the OWNER and the CONTRACTOR shall abridge the right of any beneficiary hereunder, whose claim may be unsatisfied. PROVIDED, FURTHER, that the Surety Company must be authorized to transact business in the State of Colorado and be acceptable to the OWNER. DocuSign Envelope ID: 2087E535-42D8-4AF8-B022-31E32591D3B5 Services Agreement – Work Order Type RFP 9768 UPS Replacement – City Hall Page 19 of 96 IN WITNESS WHEREOF, this instrument is executed in three (3) counterparts, each one of which shall be deemed an original, this _____ day of ___________, _____. IN PRESENCE OF: Principal (Title) (Title) (Corporate Seal) (Address) IN PRESENCE OF: Other Partners By: By: IN PRESENCE OF: Surety By: (Address) (Surety Seal) NOTE: Date of Bond must not be prior to date of Agreement. If CONTRACTOR is Partnership, all partners should execute Bond. DocuSign Envelope ID: 2087E535-42D8-4AF8-B022-31E32591D3B5 Services Agreement – Work Order Type RFP 9768 UPS Replacement – City Hall Page 20 of 96 SECTION 00630 CERTIFICATE OF INSURANCE CONTRACTOR shall insert his own standard form for Certificate of Insurance in accordance with the following: 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. DocuSign Envelope ID: 2087E535-42D8-4AF8-B022-31E32591D3B5 Services Agreement – Work Order Type RFP 9768 UPS Replacement – City Hall Page 21 of 96 SECTION 00635 CERTIFICATE OF SUBSTANTIAL COMPLETION TO: CITY OF FORT COLLINS (OWNER) WORK ORDER # & TITLE: 9768 UPS Replacement – City Hall DATE OF SUBSTANTIAL COMPLETION: ORIGINAL BID/RFP # & TITLE: 9768 UPS Replacement – City Hall PROJECT OR SPECIFIED PART SHALL LOCATION: Fort Collins, Colorado INCLUDE: OWNER: City of Fort Collins CONTRACTOR: Kenny Electric Service, INC. WORK ORDER DATE: June 16, 2023 The Work performed under this Work Order, pursuant to the Contract Documents, has been inspected by authorized representatives of the OWNER, CONTRACTOR, and the ENGINEER and the project (or specified part of the project, as indicated above) is hereby declared to be substantially completed on the above date. A tentative list of items to be completed or corrected is appended hereto. This list may not be exhaustive, and the failure to include an item on it does not alter the responsibility of the CONTRACTOR to complete all the Work in accordance with the Contract Documents. _____________________________ By: __________________________ ________ PROJECT MANAGER AUTHORIZED REPRESENTATIVE DATE The CONTRACTOR accepts the above Certificate of Substantial Completion and agrees to complete and correct the items on the tentative list within the time indicated. _____________________________ By: __________________________ ________ CONTRACTOR AUTHORIZED REPRESENTATIVE DATE The OWNER accepts the project or specified area of the project as substantially complete and will assume full possession of the project or specified area of the project at 12:01 a.m., on . The responsibility for heat, utilities, security, and insurance under the Contract Documents shall be as set forth under "Remarks" below. CITY OF FORT COLLINS ________ By: __________________________ ________ OWNER AUTHORIZED REPRESENTATIVE DATE REMARKS: _________________________________________________________________ ____________________________________________________________________________ ____________________________________________________________________________ DocuSign Envelope ID: 2087E535-42D8-4AF8-B022-31E32591D3B5 Services Agreement – Work Order Type RFP 9768 UPS Replacement – City Hall Page 22 of 96 SECTION 00640 CERTIFICATE OF FINAL ACCEPTANCE DATE: ________________, _____ TO: Kenny Electric Service, INC. Gentlemen: You are hereby notified that on the day of , , the City of Fort Collins, Colorado, has accepted the Work completed by Kenny Electric Service, INC., for the City of Fort Collins Work Order, titled 9768 UPS Replacement – City Hall, Work Order Number 9768 UPS Replacement – City Hall. A check is attached hereto in the amount of $ as Final Payment for all Work done, subject to the terms of the Contract Documents, including the Work Order, which is dated June 16, 2023, and the AGREEMENT, which is dated June 16, 2023. In conformance with the Work Order and Contract Documents for this project, your obligations and guarantees will continue for the specified time from the following date: ___________________, _____. Sincerely, City of Fort Collins OWNER By: ___________________________________________ ___________________________________________ Name & Title ATTEST: _________________________________________ ___________________________________________ Name & Title DocuSign Envelope ID: 2087E535-42D8-4AF8-B022-31E32591D3B5 Services Agreement – Work Order Type RFP 9768 UPS Replacement – City Hall Page 23 of 96 SECTION 00650 LIEN WAIVER RELEASE (CONTRACTOR) TO: City of Fort Collins, Colorado (OWNER) FROM: Kenny Electric Service, INC. (CONTRACTOR) WORK ORDER TITLE: 9768 UPS Replacement – City Hall WORK ORDER NUMBER: 1 ORIGINAL BID/RFP # & TITLE: 9768 UPS Replacement – City Hall 1.The CONTRACTOR acknowledges having received payment, except retainage from the OWNER for all work, labor, skill and material furnished, delivered and performed by the CONTRACTOR for the OWNER or for anyone in the construction, design, improvement, alteration, addition or repair of the above described project. 2.In consideration of such payment and other good and valuable consideration, the receipt and adequacy of which are hereby acknowledged, the CONTRACTOR voluntarily waives all rights, claims and liens, including but not limited to, mechanic's liens, Miller Act claims (40 U.S.C.A. 270 a and b), stop notices, equitable liens and labor and material bond rights which the CONTRACTOR may now or may afterward have, claim or assert for all and any work, labor, skill or materials furnished, delivered or performed for the construction, design, improvement, alteration, addition or repair of the above described project, against the OWNER or its officers, agents, employees or assigns, against any fund of or in the possession or control of the OWNER, against the project or against all land and the buildings on and appurtenances to the land improved by the project. 3.The CONTRACTOR affirms that all work, labor and materials, furnished, delivered or performed to or for the construction, design, improvement, alteration, addition or repair of the project were furnished, delivered or performed by the CONTRACTOR or its agents, employees, and servants, or by and through the CONTRACTOR by various Subcontractors or materialmen or their agents, employees and servants and further affirms the same have been paid in full and have released in full any and all existing or possible future mechanic's liens or rights or claims against the project or any funds in the OWNER'S possession or control concerning the project or against the OWNER or its officers, agents, employees or assigns arising out of the project. 4.The CONTRACTOR agrees to defend and hold harmless the OWNER, the lender, if any, and the Surety on the project against and from any claim hereinafter made by the CONTRACTOR's Subcontractors, materialmen, employees, servants, agents or assigns against the project or against the OWNER or its officers, employees , agents or assigns arising out of the project for all loss, damage and costs, including reasonable attorneys fees, incurred as a result of such claims. 5.The parties acknowledge that the description of the project set forth above constitutes an adequate description of the property and improvements to which this Lien Waiver Release pertains. It is further acknowledged that this Lien Waiver Release is for the benefit of and DocuSign Envelope ID: 2087E535-42D8-4AF8-B022-31E32591D3B5 Services Agreement – Work Order Type RFP 9768 UPS Replacement – City Hall Page 24 of 96 may be relied upon by the OWNER, the lender, if any, and Surety on any labor and material bonds for the project. Signed this ______ day of __________, ___. CONTRACTOR: Kenny Electric Service, INC. By: ___________________________________________ ___________________________________________ Name & Title ATTEST: _____________________________ Secretary STATE OF COLORADO ) )ss. COUNTY OF LARIMER ) Subscribed and sworn to before me this _________ day of __________, _____, by ________________________________________________________________. Witness my hand and official seal. My Commission Expires: ___________________________. _________________________ Notary Public DocuSign Envelope ID: 2087E535-42D8-4AF8-B022-31E32591D3B5 Services Agreement – Work Order Type RFP 9768 UPS Replacement – City Hall Page 25 of 96 SECTION 00660 CONSENT OF SURETY TO: City of Fort Collins, Colorado (hereinafter referred to as the "OWNER") CONTRACTOR: Kenny Electric Service, INC. WORK ORDER # & TITLE: 9768 UPS Replacement – City Hall ORIGINAL BID/RFP # & TITLE: CONTRACT DATE: WORK ORDER DATE: 9768 UPS Replacement – City Hall June 16, 2023 June 16, 2023 In accordance with the provisions of the Work Order and Contract between the OWNER and the CONTRACTOR as indicated above, for the Work Order titled 9768 UPS Replacement – City Hall on bond of , (Surety) _______________________________________ hereby approves of the Final Payment to the CONTRACTOR, and agrees that Final Payment to the CONTRACTOR shall not relieve the Surety Company of any of its obligations to the OWNER, as set forth in the said Surety Company's Bond. IN WITNESS WHEREOF, the Surety Company has hereunto set its hand this _________ day of _________ _, _____. ____________________________________________ (Surety Company) By: ________________________________________ (Name) Attorney-in-Fact ATTACH: Power of Attorney and Certificate of Authority of Attorney(s)-in-Fact. DocuSign Envelope ID: 2087E535-42D8-4AF8-B022-31E32591D3B5 Services Agreement – Work Order Type RFP 9768 UPS Replacement – City Hall Page 26 of 96 SECTION 00670 APPLICATION FOR EXEMPTION CERTIFICATE DocuSign Envelope ID: 2087E535-42D8-4AF8-B022-31E32591D3B5 Services Agreement – Work Order Type RFP 9768 UPS Replacement – City Hall Page 27 of 96 DocuSign Envelope ID: 2087E535-42D8-4AF8-B022-31E32591D3B5 Services Agreement – Work Order Type RFP 9768 UPS Replacement – City Hall Page 28 of 96 DocuSign Envelope ID: 2087E535-42D8-4AF8-B022-31E32591D3B5 Services Agreement – Work Order Type RFP 9768 UPS Replacement – City Hall Page 29 of 96 SECTION 00700 GENERAL CONDITIONS DocuSign Envelope ID: 2087E535-42D8-4AF8-B022-31E32591D3B5 Services Agreement – Work Order Type RFP 9768 UPS Replacement – City Hall Page 30 of 96 DocuSign Envelope ID: 2087E535-42D8-4AF8-B022-31E32591D3B5 Services Agreement – Work Order Type RFP 9768 UPS Replacement – City Hall Page 31 of 96 DocuSign Envelope ID: 2087E535-42D8-4AF8-B022-31E32591D3B5 Services Agreement – Work Order Type RFP 9768 UPS Replacement – City Hall Page 32 of 96 DocuSign Envelope ID: 2087E535-42D8-4AF8-B022-31E32591D3B5 Services Agreement – Work Order Type RFP 9768 UPS Replacement – City Hall Page 33 of 96 DocuSign Envelope ID: 2087E535-42D8-4AF8-B022-31E32591D3B5 Services Agreement – Work Order Type RFP 9768 UPS Replacement – City Hall Page 34 of 96 DocuSign Envelope ID: 2087E535-42D8-4AF8-B022-31E32591D3B5 Services Agreement – Work Order Type RFP 9768 UPS Replacement – City Hall Page 35 of 96 DocuSign Envelope ID: 2087E535-42D8-4AF8-B022-31E32591D3B5 Services Agreement – Work Order Type RFP 9768 UPS Replacement – City Hall Page 36 of 96 DocuSign Envelope ID: 2087E535-42D8-4AF8-B022-31E32591D3B5 Services Agreement – Work Order Type RFP 9768 UPS Replacement – City Hall Page 37 of 96 DocuSign Envelope ID: 2087E535-42D8-4AF8-B022-31E32591D3B5 Services Agreement – Work Order Type RFP 9768 UPS Replacement – City Hall Page 38 of 96 DocuSign Envelope ID: 2087E535-42D8-4AF8-B022-31E32591D3B5 Services Agreement – Work Order Type RFP 9768 UPS Replacement – City Hall Page 39 of 96 DocuSign Envelope ID: 2087E535-42D8-4AF8-B022-31E32591D3B5 Services Agreement – Work Order Type RFP 9768 UPS Replacement – City Hall Page 40 of 96 DocuSign Envelope ID: 2087E535-42D8-4AF8-B022-31E32591D3B5 Services Agreement – Work Order Type RFP 9768 UPS Replacement – City Hall Page 41 of 96 DocuSign Envelope ID: 2087E535-42D8-4AF8-B022-31E32591D3B5 Services Agreement – Work Order Type RFP 9768 UPS Replacement – City Hall Page 42 of 96 DocuSign Envelope ID: 2087E535-42D8-4AF8-B022-31E32591D3B5 Services Agreement – Work Order Type RFP 9768 UPS Replacement – City Hall Page 43 of 96 DocuSign Envelope ID: 2087E535-42D8-4AF8-B022-31E32591D3B5 Services Agreement – Work Order Type RFP 9768 UPS Replacement – City Hall Page 44 of 96 DocuSign Envelope ID: 2087E535-42D8-4AF8-B022-31E32591D3B5 Services Agreement – Work Order Type RFP 9768 UPS Replacement – City Hall Page 45 of 96 DocuSign Envelope ID: 2087E535-42D8-4AF8-B022-31E32591D3B5 Services Agreement – Work Order Type RFP 9768 UPS Replacement – City Hall Page 46 of 96 DocuSign Envelope ID: 2087E535-42D8-4AF8-B022-31E32591D3B5 Services Agreement – Work Order Type RFP 9768 UPS Replacement – City Hall Page 47 of 96 DocuSign Envelope ID: 2087E535-42D8-4AF8-B022-31E32591D3B5 Services Agreement – Work Order Type RFP 9768 UPS Replacement – City Hall Page 48 of 96 DocuSign Envelope ID: 2087E535-42D8-4AF8-B022-31E32591D3B5 Services Agreement – Work Order Type RFP 9768 UPS Replacement – City Hall Page 49 of 96 DocuSign Envelope ID: 2087E535-42D8-4AF8-B022-31E32591D3B5 Services Agreement – Work Order Type RFP 9768 UPS Replacement – City Hall Page 50 of 96 DocuSign Envelope ID: 2087E535-42D8-4AF8-B022-31E32591D3B5 Services Agreement – Work Order Type RFP 9768 UPS Replacement – City Hall Page 51 of 96 DocuSign Envelope ID: 2087E535-42D8-4AF8-B022-31E32591D3B5 Services Agreement – Work Order Type RFP 9768 UPS Replacement – City Hall Page 52 of 96 DocuSign Envelope ID: 2087E535-42D8-4AF8-B022-31E32591D3B5 Services Agreement – Work Order Type RFP 9768 UPS Replacement – City Hall Page 53 of 96 DocuSign Envelope ID: 2087E535-42D8-4AF8-B022-31E32591D3B5 Services Agreement – Work Order Type RFP 9768 UPS Replacement – City Hall Page 54 of 96 DocuSign Envelope ID: 2087E535-42D8-4AF8-B022-31E32591D3B5 Services Agreement – Work Order Type RFP 9768 UPS Replacement – City Hall Page 55 of 96 DocuSign Envelope ID: 2087E535-42D8-4AF8-B022-31E32591D3B5 Services Agreement – Work Order Type RFP 9768 UPS Replacement – City Hall Page 56 of 96 DocuSign Envelope ID: 2087E535-42D8-4AF8-B022-31E32591D3B5 Services Agreement – Work Order Type RFP 9768 UPS Replacement – City Hall Page 57 of 96 DocuSign Envelope ID: 2087E535-42D8-4AF8-B022-31E32591D3B5 Services Agreement – Work Order Type RFP 9768 UPS Replacement – City Hall Page 58 of 96 DocuSign Envelope ID: 2087E535-42D8-4AF8-B022-31E32591D3B5 Services Agreement – Work Order Type RFP 9768 UPS Replacement – City Hall Page 59 of 96 DocuSign Envelope ID: 2087E535-42D8-4AF8-B022-31E32591D3B5 Services Agreement – Work Order Type RFP 9768 UPS Replacement – City Hall Page 60 of 96 DocuSign Envelope ID: 2087E535-42D8-4AF8-B022-31E32591D3B5 Services Agreement – Work Order Type RFP 9768 UPS Replacement – City Hall Page 61 of 96 DocuSign Envelope ID: 2087E535-42D8-4AF8-B022-31E32591D3B5 Services Agreement – Work Order Type RFP 9768 UPS Replacement – City Hall Page 62 of 96 DocuSign Envelope ID: 2087E535-42D8-4AF8-B022-31E32591D3B5 Services Agreement – Work Order Type RFP 9768 UPS Replacement – City Hall Page 63 of 96 DocuSign Envelope ID: 2087E535-42D8-4AF8-B022-31E32591D3B5 Services Agreement – Work Order Type RFP 9768 UPS Replacement – City Hall Page 64 of 96 DocuSign Envelope ID: 2087E535-42D8-4AF8-B022-31E32591D3B5 Services Agreement – Work Order Type RFP 9768 UPS Replacement – City Hall Page 65 of 96 DocuSign Envelope ID: 2087E535-42D8-4AF8-B022-31E32591D3B5 Services Agreement – Work Order Type RFP 9768 UPS Replacement – City Hall Page 66 of 96 DocuSign Envelope ID: 2087E535-42D8-4AF8-B022-31E32591D3B5 Services Agreement – Work Order Type RFP 9768 UPS Replacement – City Hall Page 67 of 96 DocuSign Envelope ID: 2087E535-42D8-4AF8-B022-31E32591D3B5 Services Agreement – Work Order Type RFP 9768 UPS Replacement – City Hall Page 68 of 96 DocuSign Envelope ID: 2087E535-42D8-4AF8-B022-31E32591D3B5 Services Agreement – Work Order Type RFP 9768 UPS Replacement – City Hall Page 69 of 96 DocuSign Envelope ID: 2087E535-42D8-4AF8-B022-31E32591D3B5 Services Agreement – Work Order Type RFP 9768 UPS Replacement – City Hall Page 70 of 96 DocuSign Envelope ID: 2087E535-42D8-4AF8-B022-31E32591D3B5 Services Agreement – Work Order Type RFP 9768 UPS Replacement – City Hall Page 71 of 96 DocuSign Envelope ID: 2087E535-42D8-4AF8-B022-31E32591D3B5 Services Agreement – Work Order Type RFP 9768 UPS Replacement – City Hall Page 72 of 96 DocuSign Envelope ID: 2087E535-42D8-4AF8-B022-31E32591D3B5 Services Agreement – Work Order Type RFP 9768 UPS Replacement – City Hall Page 73 of 96 DocuSign Envelope ID: 2087E535-42D8-4AF8-B022-31E32591D3B5 Services Agreement – Work Order Type RFP 9768 UPS Replacement – City Hall Page 74 of 96 DocuSign Envelope ID: 2087E535-42D8-4AF8-B022-31E32591D3B5 Services Agreement – Work Order Type RFP 9768 UPS Replacement – City Hall Page 75 of 96 DocuSign Envelope ID: 2087E535-42D8-4AF8-B022-31E32591D3B5 Services Agreement – Work Order Type RFP 9768 UPS Replacement – City Hall Page 76 of 96 DocuSign Envelope ID: 2087E535-42D8-4AF8-B022-31E32591D3B5 Services Agreement – Work Order Type RFP 9768 UPS Replacement – City Hall Page 77 of 96 DocuSign Envelope ID: 2087E535-42D8-4AF8-B022-31E32591D3B5 Services Agreement – Work Order Type RFP 9768 UPS Replacement – City Hall Page 78 of 96 DocuSign Envelope ID: 2087E535-42D8-4AF8-B022-31E32591D3B5 Services Agreement – Work Order Type RFP 9768 UPS Replacement – City Hall Page 79 of 96 DocuSign Envelope ID: 2087E535-42D8-4AF8-B022-31E32591D3B5 Services Agreement – Work Order Type RFP 9768 UPS Replacement – City Hall Page 80 of 96 DocuSign Envelope ID: 2087E535-42D8-4AF8-B022-31E32591D3B5 Services Agreement – Work Order Type RFP 9768 UPS Replacement – City Hall Page 81 of 96 DocuSign Envelope ID: 2087E535-42D8-4AF8-B022-31E32591D3B5 Services Agreement – Work Order Type RFP 9768 UPS Replacement – City Hall Page 82 of 96 DocuSign Envelope ID: 2087E535-42D8-4AF8-B022-31E32591D3B5 Services Agreement – Work Order Type RFP 9768 UPS Replacement – City Hall Page 83 of 96 DocuSign Envelope ID: 2087E535-42D8-4AF8-B022-31E32591D3B5 Services Agreement – Work Order Type RFP 9768 UPS Replacement – City Hall Page 84 of 96 SECTION 00800 SUPPLEMENTARY CONDITIONS Conditions of the Contract These Supplementary Conditions amend or supplement the General Conditions of the Construction Contract (EJCDC General Conditions 1910-8, 1990 edition, with City of Fort Collins Modifications, Rev. 9/94) and other provisions of the Contract Documents as indicated below. SC-1 DEFINITIONS SC-1.38. Add the following language to the conclusion of paragraph 1.38 of the General Conditions: 1.38. Substantial Completion. .... Substantial Completion is further defined as that degree of completion of the operating facilities or systems of the Project defined in the Work Order sufficient to provide the OWNER the full time, uninterrupted, continuous, beneficial operation of the modifications, and all inspections required have been completed and identified conditions corrected. SC-1.43.A. Add the following new paragraph immediately after paragraph 1.43 of the General Conditions: 1.43.A. Work Order--A written document executed by OWNER and CONTRACTOR that provides for the construction of a portion of the Work, pursuant to the Agreement and all as required by the Contract Documents, and that becomes a Contract Document when executed. SC-2 PRELIMINARY MATTERS SC-2.8. Delete paragraph 2.8 of the General Conditions entirely and replace it with the following paragraph: 2.8. Preconstruction Conference. Within ten days after the Contract Times for a Work Order start to run, but before any Work at the site is started, a conference attended by CONTRACTOR, ENGINEER and others as appropriate will be held to establish a working relationship among the parties as to the Work and to discuss the schedules referred to in paragraph 2.6, procedures for handling Shop Drawings and other submittals, processing Applications for Payment, and maintaining required records. SC-2.10. Add the following new paragraph immediately after paragraph 2.9 of the General Conditions: 2.10. Work Order Required for All Work. References to the Agreement in this Article 2 and in the General and Supplementary Conditions and Contract Documents notwithstanding, no Work shall be initiated or performed until CONTRACTOR has received a signed and executed Work Order, incorporating the Notice to Proceed, from DocuSign Envelope ID: 2087E535-42D8-4AF8-B022-31E32591D3B5 Services Agreement – Work Order Type RFP 9768 UPS Replacement – City Hall Page 85 of 96 OWNER; and no provision of this Article 2 or of the General and Supplementary Conditions and Contract Documents shall permit or require any action of CONTRACTOR in the absence of a signed and executed Work Order. All provisions of this Article 2 and of the General and Supplementary Conditions and Contract Documents referencing the Agreement or other parts of the Contract Documents, or permitting or requiring any action of CONTRACTOR, shall be read as referencing and, as appropriate, requiring a signed and executed Work Order. SC-4 AVAILABILITY OF LANDS; SUBSURFACE AND PHYSICAL CONDITIONS; REFERENCE POINTS SC-4.2.1.2. Add the following new paragraph immediately following paragraph 4.2.1.2 of the General Conditions: 4.2.1.2.1. No drawing of physical conditions in or relating to existing surface or subsurface structures (except Underground Facilities referred to in paragraph 4.3) which are at or contiguous to the site have been utilized by the Engineer in preparation of the Contract Documents, except the following: SC-5 BONDS AND INSURANCE SC-5.4.7. Include the following parties or entities as additional insureds, as provided in paragraph 5.4.7 of the General Conditions: 5.4.7.1. City of Fort Collins, Colorado, 300 Laporte Ave., Fort Collins, Colorado 80521 5.4.7.2. . SC-5.4.8.1. Add the following new paragraph immediately following paragraph 5.4.8 of the General Conditions: 9.4.8.1. Limits of Liability. The limits of liability for the insurance required by the paragraph numbers of the General Conditions listed below are as follows: For Paragraphs 5.02.A.1 and 5.02.A.2: Coverage A - Statutory Limits; Coverage B - $100,000 / $100,000 / $500,000. For Paragraphs 5.02.A.3 and 5.02.A.5: The Commercial General Liability policy will have limits of $1,000,000 combined single limits (CSL). This policy will include coverage for Explosion, Collapse, and Underground coverage unless waived by the Owner. For Paragraph 5.02.A.6: The Comprehensive Automobile Liability Insurance policy will have limits of $1,000,000 combined single limits (CSL). For Paragraph 5.02.B.3: This policy will include completed operations coverage / product liability coverage with limits of $1,000,000 combined single limits (CSL). This policy shall also include an Umbrella Excess Liability as follows: General liability and DocuSign Envelope ID: 2087E535-42D8-4AF8-B022-31E32591D3B5 Services Agreement – Work Order Type RFP 9768 UPS Replacement – City Hall Page 86 of 96 automobile liability insurance in an amount not less than $1,000,000 per occurrence in excess of the above stated primary limits. SC-6 CONTRACTOR’S RESPONSIBILITIES SC-6.14.3. Add the following new paragraph immediately after paragraph 6.14.2 of the General Conditions: 6.14.3. The following Laws or Regulations are included in the Contract Documents as mandated by statute or for the convenience of the CONTRACTOR. Other Laws and Regulations apply which are not included herein, and are within the CONTRACTOR's duty and responsibility for compliance thereto: 6.14.3.1. Notice to owners of Underground Facilities is required prior to excavations in the vicinity of such facilities. 6.14.3.2. Unless otherwise decided by reason of the amount of the Contract Price involved, or other good reason, before or at the time that the contract is awarded to a corporation outside the State of Colorado, such corporation must carry out the proper procedure to become authorized to do business in the State of Colorado, designate a place of business therein, and appoint an agent for service of process. Such corporation must furnish the OWNER with a certificate from the Secretary of State of Colorado has been issued by its office and there shall also be procured from the Colorado Secretary of State of photostatic or certified copy of the designated of place of business and appointment of agent for service of process, or a letter from the Colorado Secretary of State that such designation of place of business and agent for service of process have been made. 6.14.3.3. The CONTRACTOR must conform to the rules and regulations of the Industrial Commission of Colorado. Particular reference is made to rules and regulations governing excavation Work adopted by the Industrial Commission of Colorado. SC-11 CHANGE OF CONTRACT PRICE SC-11.6.2.7. Add the following new paragraph to paragraph 11.6.2 of the General Conditions: 11.6.2.7. Cost of the Work. Allowances for profit, overhead and mark-up prescribed by Article 4 of the Agreement shall be used in lieu of any CONTRACTOR'S fee, overhead, profit or mark-up allowances as prescribed in paragraphs 11.6.2.1, 11.6.2.2, and 11.6.2.3. SC-12 CHANGE OF CONTRACT TIMES SC-12.3. Add the following language to the end of paragraph 12.3 of the General Conditions: 12.3. .... Lost days due to abnormal weather conditions will be allocated as required. DocuSign Envelope ID: 2087E535-42D8-4AF8-B022-31E32591D3B5 Services Agreement – Work Order Type RFP 9768 UPS Replacement – City Hall Page 87 of 96 SC-14 PAYMENTS TO CONTRACTOR AND COMPLETION SC-14.1. Add the following language to the end of paragraph 14.1 of the General Conditions: 14.1. Schedule of Values. .... Progress payments on the fixed fee shall be in proportion to the cumulative actual Cost of the Work as a percentage of the Allowable Cost of the Work. An amount not to exceed fifteen (15%) percent of the fixed fee shall be advanced to the Contractor for mobilization in the first progress payment. DocuSign Envelope ID: 2087E535-42D8-4AF8-B022-31E32591D3B5 Services Agreement – Work Order Type RFP 9768 UPS Replacement – City Hall Page 88 of 96 SECTION 00900 ADDENDA, MODIFICATIONS AND PAYMENT 00950 Change Order 00960 Application for Payment DocuSign Envelope ID: 2087E535-42D8-4AF8-B022-31E32591D3B5 Services Agreement – Work Order Type RFP 9768 UPS Replacement – City Hall Page 89 of 96 SECTION 00950 CHANGE ORDER FORM CHANGE ORDER NO. CONTRACTOR: Kenny Electric Service, INC. WORK ORDER TITLE & NO. : 9768 UPS Replacement – City Hall ORIGINAL BID/RFP # & TITLE: 9768 UPS Replacement – City Hall DESCRIPTION: 1. Reason for change: 2. Description of Change: 3. Change in Contract Cost: 4. Change in Contract Time: ORIGINAL CONTRACT COSTS $ ________________ TOTAL APPROVED CHANGE ORDER(S) $ ________________ TOTAL PENDING CHANGE ORDER(S) $ ________________ TOTAL THIS CHANGE ORDER $ ________________ TOTAL % OF ORIGINAL CONTRACT, THIS CO: _______________ % TOTAL % OF ORIGINAL CONTRACT, ALL CO’S: _______________ % ADJUSTED CONTRACT COST $ ________________ _________________ (Assuming all change orders approved) ACCEPTED BY: _____________________________________ DATE: ____________ Contractor's Representative ACCEPTED BY: _____________________________________ DATE: ____________ Project Manager REVIEWED BY: _____________________________________ DATE: ____________ Title: APPROVED BY: _____________________________________ DATE: ____________ Title: APPROVED BY: _____________________________________ DATE: ____________ (Purchasing Agent if > $60,000) cc: City Clerk Architect/Engineer Finance Purchasing Project Manager Contractor DocuSign Envelope ID: 2087E535-42D8-4AF8-B022-31E32591D3B5 Services Agreement – Work Order Type RFP 9768 UPS Replacement – City Hall Page 90 of 96 SECTION 00960 PAYMENT APPLICATION DocuSign Envelope ID: 2087E535-42D8-4AF8-B022-31E32591D3B5 Services Agreement – Work Order Type RFP 9768 UPS Replacement – City Hall Page 91 of 96 Section 00960 APPLICATION FOR PAYMENT PAGE 1 OF 4 OWNER: City of Fort Collins PROJECT: APPLICATION NUMBER: APPLICATION DATE: PERIOD BEGINNING: ENGINEER: CONTRACTOR: PERIOD ENDING: PROJECT NUMBER: CHANGE ORDERS Application is made for Payment as shown below in connection with Contract NUMBER DATE AMOUNT The present status of the account for this Contract is as follows: 1 2 Original Contract Amount: 3 Net Change by Change Order: Current contract Amount: $0.00 Total Completed and Stored to Date: Less Previous Applications: Amount Due this Application - Before Retainage: $0.00 Less Retainage: Net Change by Change Order $0.00 AMOUNT DUE THIS APPLICATION: $0.00 CERTIFICATION: The undersigned CONTRACTOR certifies that all obligations of CONTRACTOR incurred in connection with the Work have been satisfied as required in Paragraph 14.3. of the General Conditions of the Contract. The above Amount Due This Application is requested by the CONTRACTOR. Date: By: Payment of the above Amount Due This Application is recommended by the ENGINEER. Date: By: Payment of the above Amount Due This Application has been reviewed by the OWNER'S Project Manager. Date: By: Payment of the above Amount Due This Application is approved by the OWNER. Date: By: DocuSign Envelope ID: 2087E535-42D8-4AF8-B022-31E32591D3B5 Services Agreement – Work Order Type RFP 9768 UPS Replacement – City Hall Page 92 of 96 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 $0.00 $0.00 $0.00 $0.00 $0.00 DocuSign Envelope ID: 2087E535-42D8-4AF8-B022-31E32591D3B5 Services Agreement – Work Order Type RFP 9768 UPS Replacement – City Hall Page 93 of 96 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 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 TOTALS CHANGE ORDERS $0.00 $0.00 $0.00 $0.00 $0.00 PROJECT TOTALS $0.00 $0.00 $0.00 $0.00 $0.00 DocuSign Envelope ID: 2087E535-42D8-4AF8-B022-31E32591D3B5 Services Agreement – Work Order Type RFP 9768 UPS Replacement – City Hall Page 94 of 96 STORED MATERIALS SUMMARY PAGE 4 OF 4 On Hand Received Installed On Hand Item Invoice Previous This This This Number Number Description Application Period Period Application $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 TOTALS $0.00 $0.00 $0.00 $0.00 DocuSign Envelope ID: 2087E535-42D8-4AF8-B022-31E32591D3B5 Services Agreement – Work Order Type RFP 9768 UPS Replacement – City Hall Page 95 of 96 ATTACHMENT A Removal and Recycling Certificate / Recycling Resources DocuSign Envelope ID: 2087E535-42D8-4AF8-B022-31E32591D3B5 Services Agreement – Work Order Type RFP 9768 UPS Replacement – City Hall Page 96 of 96 DocuSign Envelope ID: 2087E535-42D8-4AF8-B022-31E32591D3B5 DocuSign Envelope ID: 2087E535-42D8-4AF8-B022-31E32591D3B5 Vice President George Kettlewell Digitally signed by George Kettlewell DN: C=US, E=george.k@kenny-electric.com, O=Kenny Electric, OU=Operations, CN=George Kettlewell Date: 2023.06.14 16:11:28-06'00' DocuSign Envelope ID: 2087E535-42D8-4AF8-B022-31E32591D3B5 DocuSign Envelope ID: 2087E535-42D8-4AF8-B022-31E32591D3B5 DocuSign Envelope ID: 2087E535-42D8-4AF8-B022-31E32591D3B5 Vice President George Kettlewell Digitally signed by George Kettlewell DN: C=US, E=george.k@kenny-electric.com, O=Kenny Electric, OU=Operations, CN=George Kettlewell Date: 2023.06.14 12:48:38-06'00' DocuSign Envelope ID: 2087E535-42D8-4AF8-B022-31E32591D3B5 ANY PROPRIETOR/PARTNER/EXECUTIVE OFFICER/MEMBER EXCLUDED? INSR ADDL SUBR LTR INSD WVD PRODUCER CONTACT NAME: FAXPHONE (A/C, No):(A/C, No, Ext): E-MAIL ADDRESS: INSURER A : INSURED INSURER B : INSURER C : INSURER D : INSURER E : INSURER F : POLICY NUMBER POLICY EFF POLICY EXPTYPE OF INSURANCE LIMITS(MM/DD/YYYY)(MM/DD/YYYY) AUTOMOBILE LIABILITY UMBRELLA LIAB EXCESS LIAB WORKERS COMPENSATION AND EMPLOYERS' LIABILITY DESCRIPTION OF OPERATIONS / LOCATIONS / VEHICLES (ACORD 101, Additional Remarks Schedule, may be attached if more space is required) AUTHORIZED REPRESENTATIVE EACH OCCURRENCE $ DAMAGE TO RENTEDCLAIMS-MADE OCCUR $PREMISES (Ea occurrence) MED EXP (Any one person)$ PERSONAL & ADV INJURY $ GEN'L AGGREGATE LIMIT APPLIES PER:GENERAL AGGREGATE $ PRO-POLICY LOC PRODUCTS - COMP/OP AGGJECT OTHER:$ COMBINED SINGLE LIMIT $(Ea accident) ANY AUTO BODILY INJURY (Per person)$ OWNED SCHEDULED BODILY INJURY (Per accident)$AUTOS ONLY AUTOS HIRED NON-OWNED PROPERTY DAMAGE $AUTOS ONLY AUTOS ONLY (Per accident) $ OCCUR EACH OCCURRENCE CLAIMS-MADE AGGREGATE $ DED RETENTION $ PER OTH- STATUTE ER E.L. EACH ACCIDENT E.L. DISEASE - EA EMPLOYEE $ If yes, describe under E.L. DISEASE - POLICY LIMITDESCRIPTION OF OPERATIONS below INSURER(S) AFFORDING COVERAGE NAIC # COMMERCIAL GENERAL LIABILITY Y / N N / A (Mandatory in NH) SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS. THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER. IMPORTANT: If the certificate holder is an ADDITIONAL INSURED, the policy(ies) must have ADDITIONAL INSURED provisions or be endorsed. If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). COVERAGES CERTIFICATE NUMBER:REVISION NUMBER: CERTIFICATE HOLDER CANCELLATION © 1988-2015 ACORD CORPORATION. All rights reserved.ACORD 25 (2016/03) CERTIFICATE OF LIABILITY INSURANCE DATE (MM/DD/YYYY) $ $ $ $ $ The ACORD name and logo are registered marks of ACORD 6/13/2023 (414) 221-0361 361 (414) 273-8521 20478 Kenny Electric Service, Inc. 595 Quivas St Denver, CO 80204-4915 20494 35289 20443 25674 A 1,000,000 X X 6056574676 12/31/2022 12/31/2023 500,000 No Deductible 15,000 1,000,000 2,000,000 2,000,000 1,000,000B X X 6056575245 12/31/2022 12/31/2023 Hired Phys Damage $75,000 BI/PD Deduct 5,000 10,000,000C X X 6056575293 12/31/2022 12/31/2023 10,000,000 0 D X 6056575262 12/31/2022 12/31/2023 1,000,000 N 1,000,000 1,000,000 E Professional Liab 22AE129917826 12/31/2022 Per Claim/Aggregate 5,000,000 F Install Floater 660575X1380 12/31/2022 12/31/2023 Materials 500,000 Project: 9768 UPS Replacement – City Hall The City of Fort Collins is included as an Additional Insured on a primary and non-contributory basis as required by the written contract. Waiver of subrogation applies as indicated. 30 days notice of cancellation will be given to the certificate holder if the policy is canceled for any statutorily permitted reason other than nonpayment of premium. 10 days notice of cancellation will be given in the event of nonpayment of premium. City of Fort Collins PO Box 580 Fort Collins, CO 80522 KENNELE-01 LWENSLAFF Robertson Ryan - Milwaukee 330 East Kilbourn Avenue, Suite 850 Milwaukee, WI 53202 Linda Wenslaff lwenslaff@robertsonryan.com National Fire Insurance Company of Hartford Transportation Insurance Company Continental Insurance Company Continental Casualty Company LLOYDS OF LONDON INSURANCE The Travelers Property Casualty Insurance Company of America X 12/31/2023 X X X X X X X X X X X X DocuSign Envelope ID: 2087E535-42D8-4AF8-B022-31E32591D3B5 FORM NUMBER: EFFECTIVE DATE: The ACORD name and logo are registered marks of ACORD ADDITIONAL REMARKS ADDITIONAL REMARKS SCHEDULE FORM TITLE: Page of THIS ADDITIONAL REMARKS FORM IS A SCHEDULE TO ACORD FORM, ACORD 101 (2008/01) AGENCY CUSTOMER ID: LOC #: AGENCY NAMED INSURED POLICY NUMBER CARRIER NAIC CODE © 2008 ACORD CORPORATION. All rights reserved. Robertson Ryan - Milwaukee KENNELE-01 SEE PAGE 1 1 SEE PAGE 1 ACORD 25 Certificate of Liability Insurance 1 SEE P 1 Kenny Electric Service, Inc. 595 Quivas St Denver, CO 80204-4915 SEE PAGE 1 LWENSLAFF 1 COVERAGES CONTINUED: Insurer: Navigators Specialty Insurance Company Type of Insurance: Pollution Liability Policy Number: CH22ECP817906IC Policy Effective Date: 12/31/22 Policy Expiration Date: 12/31/23 Limits: $5,000,000 Each Incident/$10,000,000 Policy Aggregate/$5,000 Deductible The certificate holder is included as an Additional Insured when agreed to in a written contract with respect to a pollution incident arising out of the work of the insured. Waiver of subrogation applies in favor of the certificate holder when agreed to in a written contract. Coverage is primary and non-contributory when required by written contract. The insured’s Umbrella policy is following form over the General Liability, Automobile Liability, and Employers Liability limits. The insured's Workers Compensation policy includes Employers Liability coverage in the states of North Dakota, Ohio and Wyoming. DocuSign Envelope ID: 2087E535-42D8-4AF8-B022-31E32591D3B5 DocuSign Envelope ID: 2087E535-42D8-4AF8-B022-31E32591D3B5 DocuSign Envelope ID: 2087E535-42D8-4AF8-B022-31E32591D3B5 DocuSign Envelope ID: 2087E535-42D8-4AF8-B022-31E32591D3B5 Business Auto Policy Policy Endorsement ADDITIONAL INSURED - PRIMARY AND NON-CONTRIBUTORY It is understood and agreed that this endorsement amends the BUSINESS AUTO COVERAGE FORM as follows: SCHEDULE Name of Additional Insured Person Or Organization ANY PERSON OR ORGANIZATION THAT YOU ARE REQUIRED BY WRITTEN CONTRACT OR WRITTEN AGREEMENT TO NAME AS AN ADDITIONAL INSURED. 1.In conformance with paragraph A.1.c. of Who Is An Insured of Section II - LIABILITY COVERAGE, the person or organization scheduled above is an insured under this policy. 2.The insurance afforded to the additional insured under this policy will apply on a primary and non-contributory basis if you have committed it to be so in a written contract or written agreement executed prior to the date of the “accident” for which the additional insured seeks coverage under this policy. All other terms and conditions of the policy remain unchanged This endorsement, which forms a part of and is for attachment to the policy issued by the designated Insurers, takes effect on the Policy Effective date of said policy at the hour stated in said policy, unless another effective date (the Endorsement Effective Date) is shown below, and expires concurrently with said policy. BUA 6056575245 Endorsement No: 36; Page: 1 of 1 Policy Page: 136 of 653 Underwriting Company: Transportation Insurance Company, 151 N Franklin St, Chicago, IL 60606 Form No: CNA71527XX (10-2012) Endorsement Effective Date: Policy No: Policy Effective Date: 12/31/2022Endorsement Expiration Date: © Copyright CNA All Rights Reserved. DocuSign Envelope ID: 2087E535-42D8-4AF8-B022-31E32591D3B5 DocuSign Envelope ID: 2087E535-42D8-4AF8-B022-31E32591D3B5 DocuSign Envelope ID: 2087E535-42D8-4AF8-B022-31E32591D3B5 DocuSign Envelope ID: 2087E535-42D8-4AF8-B022-31E32591D3B5 DocuSign Envelope ID: 2087E535-42D8-4AF8-B022-31E32591D3B5 DocuSign Envelope ID: 2087E535-42D8-4AF8-B022-31E32591D3B5 DocuSign Envelope ID: 2087E535-42D8-4AF8-B022-31E32591D3B5 DocuSign Envelope ID: 2087E535-42D8-4AF8-B022-31E32591D3B5 DocuSign Envelope ID: 2087E535-42D8-4AF8-B022-31E32591D3B5 DocuSign Envelope ID: 2087E535-42D8-4AF8-B022-31E32591D3B5 DocuSign Envelope ID: 2087E535-42D8-4AF8-B022-31E32591D3B5 DocuSign Envelope ID: 2087E535-42D8-4AF8-B022-31E32591D3B5 DocuSign Envelope ID: 2087E535-42D8-4AF8-B022-31E32591D3B5 DocuSign Envelope ID: 2087E535-42D8-4AF8-B022-31E32591D3B5 DocuSign Envelope ID: 2087E535-42D8-4AF8-B022-31E32591D3B5 DocuSign Envelope ID: 2087E535-42D8-4AF8-B022-31E32591D3B5 DocuSign Envelope ID: 2087E535-42D8-4AF8-B022-31E32591D3B5 DocuSign Envelope ID: 2087E535-42D8-4AF8-B022-31E32591D3B5 Business Auto Policy Policy Endorsement WAIVER OF TRANSFER OF RIGHTS OF RECOVERY AGAINST OTHERS TO US (WAIVER OF SUBROGATION) THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. This endorsement modifies insurance provided under the following: AUTO DEALERS COVERAGE FORM BUSINESS AUTO COVERAGE FORM MOTOR CARRIER COVERAGE FORM With respect to coverage provided by this endorsement, the provisions of the Coverage Form apply unless modified by the endorsement. This endorsement changes the policy effective on the inception date of the policy unless another date is indicated below. Named Insured: CORPORATE GROUP INC. Endorsement Effective Date: 12/31/2022 SCHEDULE Name(s) Of Person(s) Or Organization(s): ANY PERSON OR ORGANIZATION FOR WHOM OR WHICH YOU ARE REQUIRED BY WRITTEN CONTRACT OR AGREEMENT TO OBTAIN THIS WAIVER FORM US. YOU MUST AGREE TO THAT REQUIREMENT PRIOR TO LOSS. Information required to complete this Schedule, if not shown above, will be shown in the Declarations. The Transfer Of Rights Of Recovery Against Others To Us condition does not apply to the person(s) or organization(s) shown in the Schedule, but only to the extent that subrogation is waived prior to the "accident" or the "loss" under a contract with that person or organization. BUA 6056575245 Endorsement No: 10; Page: 1 of 1 Policy Page: 58 of 653 Underwriting Company: Transportation Insurance Company, 151 N Franklin St, Chicago, IL 60606 Form No: CA 04 44 10 13 Endorsement Effective Date: Policy No: Policy Effective Date: 12/31/2022Endorsement Expiration Date: © Copyright Insurance Services Office, Inc., 2011 DocuSign Envelope ID: 2087E535-42D8-4AF8-B022-31E32591D3B5 Workers Compensation And Employers Liability Insurance Policy Endorsement WAIVER OF OUR RIGHT TO RECOVER FROM OTHERS ENDORSEMENT We have the right to recover our payments from anyone liable for an injury covered by this policy. We will not enforce our right against the person or organization named in the Schedule. This agreement applies only to the extent that you perform work under a written contract that requires you to obtain this agreement from us. This agreement shall not operate directly or indirectly to benefit anyone not named in the Schedule. Schedule Any Person or Organization on whose behalf you are required to obtain this waiver of our right to recover from under a written contract or agreement. The premium charge for the endorsement is reflected in the Schedule of Operations. All other terms and conditions of the policy remain unchanged. This endorsement, which forms a part of and is for attachment to the policy issued by the designated Insurers, takes effect on the Policy Effective Date of said policy at the hour stated in said policy, unless another effective date (the Endorsement Effective Date) is shown below, and expires concurrently with said policy unless another expiration date is shown below. WC 6 56575262 Endorsement No: 9; Page: 1 of 1 Policy Page: 69 of 104 Underwriting Company: Continental Casualty Company, 151 N Franklin St, Chicago, IL 60606 Form No: WC 00 03 13 (04-1984) Endorsement Effective Date: Policy No: Policy Effective Date: 12/31/2022Endorsement Expiration Date: Copyright 1983 National Council on Compensation Insurance. DocuSign Envelope ID: 2087E535-42D8-4AF8-B022-31E32591D3B5