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HomeMy WebLinkAboutBID - 9779 UTILITY SERVICE CENTER GATE REPLACEMENTS INVITATION TO BID 9779 UTILITY SERVICE CENTER GATE REPLACEMENTS BID OPENING: 3:00 PM MT (our clock), March 23, 2023 The City of Fort Collins is requesting proposals from qualified Contractors to remove all obsolete, unsafe, and unreliable vehicle and employee automatic gates from the Utilities Service Center (USC) and replace them with modern reliable equipment that will directly integrate with the City of Fort Collins standard Access Control System “Continental Access Control”. This project is chartered to replace a total of seven (7) automated vehicle gates and one employee gate with access control. As part of the City’s commitment to Sustainable Purchasing, electronic bid submission is preferred. Bids shall be submitted online through the Rocky Mountain E-Purchasing System (RMEPS) at http://www.bidnetdirect.com/colorado/city-of-fort-collins. Please note: submitting bids through RMEPS may need additional time for completion. Bids not submitted by the designated Opening Date and Time will not be accepted by the system. The City encourages all disadvantaged business enterprises to submit bid in response to all invitations to bid. No individual or business will be discriminated against on the grounds of race, color, sex, or national origin. It is the City’s policy to create a level playing field on which DBEs can compete fairly and to ensure nondiscrimination in the award and administration of all contracts. A pre-bid conference and job walk with representatives of prospective Contractors will be held at 3:30 pm, on March 6, 2023 at 700 Wood Street, Fort Collins. Contractors are strongly encouraged to attend and bring questions to this conference. Public Bid Opening: Bid opening will be conducted via video conference shortly after 3:00 PM MT March 24, 2023. Bids that have been duly received will be publicly opened and read aloud. To access the public Bid opening, please follow the link to join the Zoom meeting. Join Zoom Meeting https://us02web.zoom.us/j/86744362151?pwd=UC9CSTZUSW1XNllxcStZd1h2cE95Zz09 Meeting ID: 867 4436 2151 Passcode: 456555 One tap mobile +17193594580,,86744362151#,,,,*456555# US +16699009128,,86744362151#,,,,*456555# US (San Jose) All questions should be submitted, in writing via email, to Pat Johnson, CPPB, Senior Buyer at pjohnson@fcgov.com, no later than 3:00 PM MT on March 16, 2023. Please format your e-mail to include: Bid 9779 USC Gate Replacements in the subject line. Questions received after this deadline may not be answered. Responses to all questions submitted before the deadline will be addressed in an addendum and posted on RMEPS. Rocky Mountain E-Purchasing System hosted by BidNet: A copy of the Bid may be obtained at http://www.bidnetdirect.com/colorado/city-of-fort-collins. Financial Services Purchasing Division 215 N. Mason St. 2nd Floor PO Box 580 Fort Collins, CO 80522 970.221.6775 fcgov.com/purchasing 9779 Utility Service Center Gate Replacements Page 1 of 63 Prohibition of Unlawful Discrimination: The City of Fort Collins, in accordance with the provisions of Title VI of the Civil Rights Act of 1964 (78 Stat. 252, 42 US.C. §§ 2000d to 2000d- 4) and the Regulations, hereby notifies all bidders that it will affirmatively ensure that any contract entered into pursuant to this advertisement, disadvantaged business enterprises will be afforded full and fair opportunity to submit bids in response to this invitation and will not be discriminated against on the grounds of race, color, or national origin in consideration for an award. The City strictly prohibits unlawful discrimination based on an individual’s gender (regardless of gender identity or gender expression), race, color, religion, creed, national origin, ancestry, age 40 years or older, marital status, disability, sexual orientation, genetic information, or other characteristics protected by law. For the purpose of this policy “sexual orientation” means a person’s actual or perceived orientation toward heterosexuality, homosexuality, and bisexuality. The City also strictly prohibits unlawful harassment in the workplace, including sexual harassment. Further, the City strictly prohibits unlawful retaliation against a person who engages in protected activity. Protected activity includes an employee complaining that he or she has been discriminated against in violation of the above policy or participating in an employment discrimination proceeding. The City requires its Contractors to comply with the City’s policy for equal employment opportunity and to prohibit unlawful discrimination, harassment and retaliation. This requirement applies to all third-party Contractors and their subcontractors/subconsultants at every tier. Public Viewing Copy: The City is a governmental entity subject to the Colorado Open Records Act, C.R.S. §§ 24-72-200.1 et seq. (“CORA”). Any proposals submitted hereunder are subject to public disclosure by the City pursuant to CORA and City ordinances. Contractors may submit one (1) additional complete proposal clearly marked “FOR PUBLIC VIEWING.” In this version of the proposal, Contractors may redact text and/or data that it deems confidential or proprietary pursuant to CORA. Failure to provide a public viewing copy will be considered a waiver of any claim of confidentiality under CORA without regard to how the applicant’s proposal or certain pages of the proposal are marked confidential, proprietary, or similar. Such statement does not necessarily exempt such documentation from public disclosure if required by CORA, by order of a court of appropriate jurisdiction, or other applicable law. Generally, under CORA trade secrets, confidential commercial and financial data information is not required to be disclosed by the City. Proposals may not be marked “Confidential” or ‘Proprietary’ in their entirety. By responding to this BID, Contractors hereby waives any and all claims for damages against the City for the City’s good faith compliance with CORA. All provisions of any contract resulting from this request for proposal will be public information. Special Instructions: All bids must be properly signed by an authorized representative of the company with the legal capacity to bind the company to the agreement. Bids may be withdrawn up to the date and hour set for closing. Once bids have been accepted by the City and closing has occurred, failure to enter into contract or honor the purchase order will be cause for removal of supplier's name from the City of Fort Collins' bidders list for a period of twelve months from the date of the opening. The City may also pursue any remedies available at law or in equity. Bid prices must be held firm for a period of ninety (90) days after bid openings. Submission of a bid is deemed as acceptance of all terms, conditions and specifications contained in the City's specifications initially provided to the Contractors. Any proposed modification must be accepted in writing by the City prior to award of the bid. Only bids properly received by the Purchasing Office will be accepted. All bids should be 9779 Utility Service Center Gate Replacements Page 2 of 63 clearly identified by the bid number and bid name contained in the bid proposal. No bid will be accepted from, or any purchase order awarded, to any person, firm or corporation in default on any obligation to the City. Bids must be furnished exclusive of any federal excise tax, wherever applicable. Contractors must be properly licensed and secure necessary permits wherever applicable. The City may elect where applicable, to award bids on an individual item/group basis or on a total bid basis, whichever is most beneficial to the City. The City reserves the right to accept or reject any and all bids, and to waive any irregularities or informalities. Sales Prohibited/ Conflict of Interest: No officer, employee, or member of City Council, shall have a financial interest in the sale to the City of any real or personal property, equipment, material, supplies or services where such officer or employee exercises directly or indirectly any decision-making authority concerning such sale or any supervisory authority over the services to be rendered. This rule also applies to subcontracts with the City. Soliciting or accepting any gift, gratuity, favor, entertainment, kickback or any items of monetary value from any person who has or is seeking to do business with the City of Fort Collins is prohibited. Freight Terms: Unless otherwise noted, all freight is F.O.B. Destination, Freight Prepaid. All freight charges must be included in prices submitted on proposal. Collusive or Sham Bids: Any bid deemed to be collusive or a sham bid will be rejected and reported to authorities as such. Your authorized signature of this bid assures that such bid is genuine and is not a collusive or sham bid. Utilization of Award by Other Agencies: The City of Fort Collins reserves the right to allow other state and local governmental agencies, political subdivisions, and/or school districts to utilize the resulting award under all terms and conditions specified and upon agreement by all parties. Usage by any other entity shall not have a negative impact on the City of Fort Collins in the current term or in any future terms. Contractor Registration: The City requires new Contractors receiving awards from the City to submit IRS form W-9 or W-8BEN/W8-BEN-E (international firms) and requires all Contractors to accept Direct Deposit (Electronic) payment. If needed, the W-9 form and the Vendor Direct Deposit Authorization Form can be found on the City’s Purchasing website at www.fcgov.com/purchasing under Vendor Reference Documents. Please do not submit these documents with your proposal, however, if you take exception to participating in Direct Deposit (Electronic) payments please clearly note such in your proposal as an exception. The City may waive the requirement to participate in Direct Deposit (Electronic) payments at its sole discretion. Bid results are posted online at http://www.bidnetdirect.com/colorado/city-of-fort-collins. Gerry Paul Purchasing Director 9779 Utility Service Center Gate Replacements Page 3 of 63 CITY OF FORT COLLINS GENERAL INFORMATION I. BACKGROUND & OBJECTIVE / OVERVIEW A. Objective The City of Fort Collins is requesting proposals from qualified Contractors to remove all obsolete, unsafe, and unreliable vehicle and employee automatic gates from the Utilities Service Center (USC) and replace them with modern reliable equipment that will directly integrate with the City of Fort Collins standard Access Control System “Continental Access Control”. The gate materials and automated openers are to meet or exceed HySecurity SlideDriver model 15 with AC power and Extreme drive This project is chartered to replace a total of 7 automated vehicle gates and one employee gate with access control. Removal of the old gates and recycling of them is also the responsibility of the Contractor. · 1 ingress and 1 egress gate and openers located at the Northwest corner of 700 wood street main building. · 1 gate and opener located on the east end of 700 wood “warehouse transformer storage yard”. · 1 ingress and 1 egress gate and openers located on the south side of the main 700 building. · 2 gates, openers and posts located at 701 water vehicle storage facility. These are dual purpose ingress and egress gates. · 1 employee gate located at 701 south. B. Existing Conditions: The Utilities Service Center (USC) property at 700 and 701 Wood Street, Fort Collins, CO 80522 consists of land and buildings that support the electric and water utility operations and their associated fleet equipment, and office staff housing over 300 city employees. There are a total of 7 vehicle gates and 1 employee gate. All equipment is at or past the end of their whole life cycles. Maintenance trouble calls have been increasing over the past 3+ years, and replacement parts have become obsolete. Access to 701 wood Street facility has been limited to one entrance and exit gate for the last year. C. Alignment: All gates shall have photo eyes, contact edges and in ground loops as required for safety. All existing in ground loops will be tested by the Contractor and reused if found to be in good and reliable condition. If loop replacement is required, it shall be logged in a change log and reviewed and approved by the change committee (project sponsor and stakeholders) prior to any out of scope work beginning. Gate systems will be installed by Certified Gate Automation Technicians. Contractor will assume the responsibility for having underground public utilities located and marked. D. Final Product & Format: The completion of this project will produce safe functional and more efficient flow of vehicle and pedestrian traffic to and from location. In addition to reducing the number of maintenance and after hours calls due to chronic gate failure. Increasing security, efficiency, while improving aesthetics. 9779 Utility Service Center Gate Replacements Page 4 of 63 II. SCOPE OF PROPOSAL A. Scope of Work The City of Fort Collins Utilities is seeking turnkey services to support the design and installation of seven (7) automatic gates, posts, and automated openers. These services must include necessary integrations with the City’s existing access control systems as well as the removal, recycling/ disposal of the old equipment. B. Pricing 701 Wood St: Install (2 each) 40' x 6’ Pro Access aluminum double track gates with aluminum mesh infill on 4 new 4" posts. Frames set in concrete to design standards for grading and concrete per city of Fort Collins code. Install HySecurity SlideDriver model 15 with AC power and Extreme drive. Install inground loops for automated exit. Integration of pre-existing radio frequency remote openers is required. Removal and recycling of old gates should be included per the attached specification. 701 Wood St: “Employee gate.” Install (1 each) 4' x 6’ employee gate with 2 new posts for access control integration, closure, and hinging. Frames set in concrete to design standards for grading and concrete per city of Fort Collins code. 700 Wood St: “North & South entry gates.” Install (4 each) 16’ x 6’ + 1’ security wire. Pro Access aluminum single track gates with aluminum mesh infill on existing posts. Install HySecurity SlideDriver model 15 with AC power and Extreme drive. Removal and recycling of old gates should be included per the attached specification. 700 Wood St. East transformer yard gate: install (1 each) 30’ x 6’ + 1’ security wire. Pro Access aluminum single track gate with aluminum mesh infill on existing posts. Install HySecurity SlideDriver 15 with AC power and extreme drive. Removal and recycling of old gate should be included per the attached specification. C. Project Controls: 1. Project Management: The project will be assigned utilities Project Manager and operations services representative, who may both serve multiple roles supporting procurement, finance, communications, change control, and quality assurance and quality control. A Project Manager or single point of contact for the Contractor will be required of the Contractor that is awarded this work. 2. Change Control: Throughout the project, the scope of work must be closely monitored by both the City and the Contractor PM. Out of scope items must be logged in a change log and reviewed and approved by the change committee (project sponsor and stakeholders) prior to any out of scope work beginning. If changes are approved, a subsequent change order will be initiated by the City PM. 3. Schedule: A schedule will be developed by the Contractor PM and accepted by the City PM based on the requirements and agreed upon timeline to properly deliver the project within the 2023 calendar year. Submit schedule as part of Bid Submittal. 4. Resources: It is the responsibility of the City PM and operations services representative to provide the appropriate resources and ensure that they are available to participate and work within the defined project schedule. The Contractor PM will ensure that their 9779 Utility Service Center Gate Replacements Page 5 of 63 resources are available and enabled to accomplish their goals outlined in the project schedule. D. Equipment Specifications Refer to Exhibit “A” for all specifications. 1. It is the responsibility of the Contractor to offer maintenance, service and operation support including after hours service post installation and warranty period. Provide information and pricing regarding this maintenance, service and operation support as requested in the Bid Submittal. 2. Awarded Contractor will guarantee above fencing, gate and equipment free of defects and workmanship warranty of one (1) year from completion of installation, as well as a manufacturer warranty of five (5) years on the equipment for drive operators. 3. Material delivery and staging can take place at 700 Wood Street. E. Maps and Pictures Site Location 700 Wood Street and 701 Wood Street Facilities 9779 Utility Service Center Gate Replacements Page 6 of 63 700 Vehicle Gate – Main Light & Power Operations Yard 700 Vehicle Gate – Northwest Entrance/ Exit 9779 Utility Service Center Gate Replacements Page 7 of 63 700 Vehicle Gate – Light & Power Transformer Storage Yard 701 Employee Gate – Water Field Operations Equipment Shop and Yard 9779 Utility Service Center Gate Replacements Page 8 of 63 701 Northeast Vehicle Gate – Water Field Operations Equipment Shop and Yard 701 Southeast Vehicle Gate – Water Field Operations Equipment Shop and Yard III. GENERAL INFORMATION A. Schedule The following represents the City’s target schedule for the bid. The City reserves the right to amend the target schedule at any time. · Bid issuance: February 28, 2023 · Pre-bid Meeting: 3:30 MT on March 6, 2023 · Question deadline: 3:00 PM MT on March 13, 2023 · Addendum issued: March 15, 2023 · Bid Opening Date: 3:00 MT (our clock) on March 24, 2023 · Award of Contract (tentative): March 30, 2023 · Estimated completion date: September 1, 2023 9779 Utility Service Center Gate Replacements Page 9 of 63 B. Method of Award The City reserves the right to split the bid award in whatever percentages are most advantageous to the City. Award(s) from this bid will be based primarily on lowest bid price, the warranty and maintenance and support plan costs over five (5) years. Delivery lead times, details of the maintenance & support plans and exceptions taken will also be considered. C. Agreement The awarded Contractor will receive a Purchase Order from the City authorizing work under this Agreement. Contractor should not begin any Work prior to receipt of the Purchase Order. The awarded Contractor is also expected to sign the City’s Agreement, a sample of which is attached. Any changes to the dates, cost or scope of the Work must be agreed upon in writing utilizing the City’s Change Order (included in the agreement) and will not be considered valid until signed, at a minimum, by the Contractor, project manager and Purchasing Department representative. D. Invoices & Payments Invoices should be emailed monthly or after a shipment to invoices@fcgov.com with a copy to the Project Manager. The cost of the item(s) delivered shall be paid to the Contractor each month following the submittal of a correct invoice. Contractor should include Purchase Order Number and a detailed description of item(s) on each invoice submitted. The City pays invoices on Net 30 terms. E. Fees, Licenses, Permits The successful Contractor shall be responsible for obtaining any necessary licenses, fees or permits without additional expense to the City. All equipment shall be properly licensed and insured, carry the appropriate permits and be placarded as required by law. F. Laws and Regulations All work and/or materials must meet current standards in force by recognized technical and professional societies, trade and materials supply associations, institutes and organizations, bureaus and testing laboratories. The Contractor agrees to comply fully with all applicable local, State of Colorado and Federal laws and regulations and municipal ordinances to include American Disabilities Act (ADA). The Contractor further agrees to comply fully with the Occupational Safety and Health Act, all regulations issued there under, and all state laws and regulations enacted and adopted pursuant thereto. G. Insurance Contractor is responsible for providing the City with insurance as required in the attached Agreement. H. Warranty Contractor 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 delivery and ending twelve (12) months from and after final acceptance under 9779 Utility Service Center Gate Replacements Page 10 of 63 the Agreement, regardless whether the same were furnished or performed by Contractor or by any of its subcontractors 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 Contractor in a manner and at a time acceptable to City. I. Delivery Delivery of all items shall be to the City of Fort Collins Warehouse. Please provide a 24-48 hour advance notice by calling Dan Hofeling – 970-221-6389 OR Steve Serna – 970-221- 6709. Delivery shall be made to: 700 Wood Street Fort Collins, CO 80521 Freight terms: F.O.B. destination freight prepaid. All freight charges must be included in pricing submitted on the Bid Schedule, and not entered as separate pricing. Any surcharges or additional costs shall be noted & included in proposed pricing. J. Standard of Conduct The successful firm shall be responsible for maintaining satisfactory standards of employees' competency, conduct, courtesy, appearance, honesty, and integrity, and shall be responsible for taking such disciplinary action with respect to any employee, as may be necessary. The City may request the successful Contractor to immediately remove from this assignment any employee the City identifies to be unfit to perform duties due to one or more of the following reasons: 1. Neglect of duty. 2. Disorderly conduct, use of abusive or offensive language, quarreling, intimidation by words or actions or fighting. 3. Theft, vandalism, immoral conduct or any other criminal action. 4. Selling, consuming, possessing, or being under the influence of intoxicants, including alcohol, or illegal substances while on assignment for the City. 5. Acting in an unsafe manner All City owned or operated facilities and their grounds are non-smoking sites. All City parks, trails and natural areas are also non-smoking. Agents and employees of Contractor(s) working for the City shall present a clean and neat appearance. Prior to performing any work for the City, Contractor(s) shall require each of their employees to wear ID badges or uniforms identifying: Contractor by name, the first name of their employee and a photograph of their employee if using an ID badge. Their employee shall wear or attach the ID badge to the outer garments at all times. K. Accident Reporting Any incident/accident resulting in damage to property or causing personal injury within the limits of a work site shall be immediately reported to the appropriate police agency, other required agencies, Project Manager and the City of Fort Collins Risk Management Department. The Contractor shall immediately contact the Utility Operator/Owner and the City of Fort Collins when damage to an underground facility is identified. If a natural or propane gas line is damaged, the Contractor must call 911 prior to notifying the Utility Operator. The Contractor shall not backfill around the underground utility line until the Utility Operator has repaired the 9779 Utility Service Center Gate Replacements Page 11 of 63 damage and has given clearance to backfill. The City of Fort Collins will not pay the Contractor for labor, vehicles, material, or equipment or any other cost associated with the repair to any at-fault damage. Failure to comply may result in a verbal warning, suspension of the crew, loss of work, and/or termination of the Agreement. L. Safety Practices, Safety Documentation and Training Contractor shall comply with all engineering, safety, and operating requirements concerning installation of equipment in, on or around utility facilities; obtaining access facilities; and adhering to operating rules and requirements involving safe contact with utility equipment and water, gas and power lines, and confined spaces. Contractor shall adopt Utility's minimum safety standards as the baseline requirements. M. Unsatisfactory Operations Should it be necessary to halt the work because of incorrect or unsatisfactory operations under the terms of the awarded contract or because of failure to follow safety standards applicable hereto, the Contractor must take immediate steps to remedy the deficiencies. Should repair or correction of any safety defect or deficiency not be immediately undertaken and should the City of Fort Collins be required to protect the site or make the repair or correction, the cost of such work shall be deducted from payment due the Contractor. N. Traffic Control The Contractor must provide all labor, materials and equipment, including optional traffic control and barricading to accomplish the work in accordance with City standard specifications and Erosion Control requirements. Replacement of curb, gutter and sidewalk shall match existing, i.e., vertical curb shall be replaced with vertical curb, etc., or as directed by the Project Manager. O. Examination of Contract Documents and Site It is the responsibility of each Bidder, before submitting a Bid, to (a) examine the Contract Documents thoroughly, (b) visit the site to familiarize itself with local conditions that may in any manner affect cost, progress or performance of the Work, (c) familiarize itself with federal, state and local laws, ordinances, rules and regulations that may in any manner affect cost, progress or performance of the Work, (d) study and carefully correlate Bidder's observations with the Contract Documents, and (e) notify Project Manager of all conflicts, errors or discrepancies in the Contract Documents. The submission of a Bid will constitute an incontrovertible representation by Bidder that Bidder has complied with every requirement of this section, that without exception the Bid is premised upon performing and furnishing the Work required by the Contract Documents and such means, methods, techniques, sequences or procedures of construction as may be indicated in or required by the Contract Documents, and that the Contract Documents are sufficient in scope and detail to indicate and convey understanding of all terms and conditions for performance and furnishing of the Work. P. Bid Bond Each Bid must be accompanied by Bid Security in an amount no less than five (5) percent of the Bid. If a SURETY does not issue electronic Bid Bonds, a scanned copy of the Bid Bond must be submitted electronically through Rocky Mountain E-Purchasing System at the time of bidding, and the hard copy Bid Bond must be mailed to the Purchasing Department at PO Box 580, Fort Collins CO 80522 and received by OWNER prior to contract execution. 9779 Utility Service Center Gate Replacements Page 12 of 63 The Bid Security of the successful Bidder will be retained until such Bidder has executed the Agreement and furnished the required contract security, whereupon Bid Security will be returned. If the successful Bidder fails to execute and deliver the Agreement and furnish the required contract security within 15 days of the Notice of Award, OWNER may annul the Notice of Award and the Bid Security of that Bidder will be forfeited. The Bid Security of other Bidders whom OWNER believes to have reasonable chance receiving the award may be retained by OWNER until the earlier of the seventh day after the effective date of the Agreement or forty-five days after the Bid Opening, whereupon Bid Security furnished by such Bidders will be returned. Bid Security with Bids which are not competitive will be returned. Q. Liquidated Damages Provisions for liquidated damages are set forth in the Agreement, Section 00520. R. Performance & Payment Bonds Performance and Payment Bonds are required for this project. When the awarded Contractor delivers the executed Agreement to the OWNER, it shall be accompanied by the required contract bonds. S. Retainage Provisions concerning retainage are set forth in the Agreement. T. Recyling/Disposal of Old Gates Contractor shall follow the City’s recycling guidelines found at https://www.fcgov.com/recycling/constructiondebris. 9779 Utility Service Center Gate Replacements Page 13 of 63 CITY OF FORT COLLINS BID SUBMITTAL INSTRUCTIONS The following items must be provided in the bid submittal package: 1) Completed Bid Submittal Form, including: - Bid Form (Section 00300) - Electronic Bid Bond - Statement of Bidder's Qualifications (Section 00420) - Schedule of Subcontractors (Section 00430) - Safety Form (Section 00400) - Bid Schedule - Project Milestone Schedule – Estimated timeline for procurement and installation by milestone/gate - Support & Maintenance offering - Acknowledgement - Additional documents may be submitted in Word or PDF. Failure to submit any of the above may result in your bid being considered non-responsive. 9779 Utility Service Center Gate Replacements Page 14 of 63 SECTION 00300 BID FORM PROJECT: 9779 USC GATE REPLACEMENT Date: 1. In compliance with your Invitation to Bid dated , 20 and subject to all conditions thereof, the undersigned a (Corporation, Limited Liability Company, Partnership, Joint Venture, or Sole Proprietor) authorized to do business in the State of Colorado hereby proposes to furnish and do everything required by the Contract Documents to which this refers for the construction of all items listed on the following Bid Schedule or Bid Schedules. 2. The undersigned Bidder does hereby declare and stipulate that this proposal is made in good faith, without collusion or connection with any other person or persons Bidding for the same Work, and that it is made in pursuance of and subject to all the terms and conditions of the Contract Documents pertaining to the Work to be done, all of which have been examined by the undersigned. 3. Accompanying this Bid is a Bid Bond in the sum of ($ ) in accordance with the Invitation to Bid and Instructions to Bidders. 4. All the various phases of Work enumerated in the Contract Documents with their individual jobs and overhead, whether specifically mentioned, included by implication or appurtenant thereto, are to be performed by the CONTRACTOR under one of the items listed in the Bid Schedule, irrespective of whether it is named in said list. 6. Payment for Work performed will be in accordance with the Bid Schedule(s) subject to change(s) as provided in the Contract Documents. 7. The undersigned Bidder hereby acknowledges receipt of Addenda No. through . 8. The undersigned Bidder hereby acknowledges the documents listed below are required elements of the Bid and must be submitted with the Bid. The City may reject any incomplete Bids as non-responsive. - Bid Form (this Section 00300) - Electronic Bid Bond (Item 3 above and Section 00410) for five (5) percent of the base Bid amount - Acknowledgement of Bid Addenda (Item 7 above) - Statement of Bidder's Qualifications (Section 00420) - Schedule of Subcontractors (Section 00430) - Safety Form (Section 00400) - Bid Schedule 9779 Utility Service Center Gate Replacements Page 15 of 63 - Project Milestone Schedule – Estimated timeline for procurement and installation by milestone/gate - Support & Maintenance offering - Acknowledgement - Additional documents may be submitted in Word or PDF. 10. BID SCHEDULE (Base Bid) At the City’s option the basis of award is the low responsive and responsible Bidder based on the total price for Base Bid or the total price for the Base Bid plus selected Alternates. Item # Description Unit Quantity Unit Cost Total Cost HySecurity Gate – Pricing Includes Labor and Materials 700-N Gate, Pro Access Aluminum, Single Track, HySecurity Slide Driver Model 15, A/C Power, Extreme Drive w/ Aluminum mesh infill. Dimensions: 16’ W x 6’ H + 1’ H security wire. Installation shall be on existing posts. Removal and recycling of old gates should be included per the attached specification. Each 2 700-S Gate, Pro Access Aluminum, Single Track, HySecurity Slide Driver Model 15, A/C Power, Extreme Drive w/ Aluminum mesh infill. Dimensions: 16’ W x 6’ H + 1’ H security wire. Installation shall be on existing posts. Removal and recycling of old gates should be included per the attached specification. Each 2 700-E Gate, Pro Access Aluminum, Single Track, HySecurity Slide Driver Model 15, A/C Power, Extreme Drive w/ Aluminum mesh infill. Dimensions: 30’ W x 6’ H + 1’ H security wire. Installation shall be on existing posts. Removal and recycling of old gates should be included per the attached specification. Each 1 701-N Gate, Pro Access Aluminum, Single Track, HySecurity Slide Driver Model 15, A/C Power, Extreme Drive w/ Aluminum mesh infill. Dimensions: 40’ W x 6’, to include the installation of (2) new posts. Removal and recycling of old gates should be included per the attached specification. Each 1 701-S Gate, Pro Access Aluminum, Single Track, HySecurity Slide Driver Model 15, A/C Power, Extreme Drive w/ Aluminum mesh infill. Dimensions: 40’ W x 6’, to include the installation of (2) new posts. Removal and recycling of old gates should be included Each 1 9779 Utility Service Center Gate Replacements Page 16 of 63 IN WORDS: 11. PRICES The foregoing prices shall include but is not limited to all labor, materials, overhead, profit, insurance, etc., for completion of the Work. Bidder acknowledges that the OWNER has the right to change items prior to award or during Construction at their sole discretion without affecting the Agreement or prices of any item so long as the deletion or change does not exceed twenty-five percent (25%) of the total Agreement Price. RESPECTFULLY SUBMITTED: Legal Firm Name: Physical Address: Remit to Address: Phone: Email Address: Name of Authorized Agent of Firm: Signature of Authorized Agent: Primary Contact for Project: Title: Email Address: Phone: Cell Phone: (Seal - if Bid is by corporation) Attest: Address Telephone Email per the attached specification. 701-P Gate, Employee, w/ Aluminum mesh infill, to include the installation of (2) new posts for access control integration, closure, and hinging. Each 1 TOTAL 9779 Utility Service Center Gate Replacements Page 17 of 63 SECTION 00400 SAFETY FORM Please complete the following form to provide information about your Company’s safety records and procedures. This information will be included in the evaluation of the submitted proposal. We reserve the right to request additional documentation, at any point, that supports the accuracy of this form. Section 1. General Information Company Name Number of Employees Full Time: Part Time: Seasonal: Insurance Carrier Self-insured for Workers Compensation? Y ☐ N ☐ Section 2. Health and Safety Professional Information Does your company have a full-time dedicated Safety Officer? Y ☐ N ☐ If yes, provide the following information for the dedicated Safety Officer: Name: Title: Phone Number: Email: If no, provide the following information of the person responsible for safety in your company: Name: Title: Phone Number: Email: Provide the following information for the site safety Point of Contact: Name: Title: Phone Number: Email: Section 3. Health and Safety Program Does your company have a written Company Safety Program? Y ☐ N ☐ Does the written Company Safety Program cover the work activities proposed by your company for this project? Y ☐ N ☐ Does the written Company Safety Program include the following: Health and Safety Training Y ☐ N ☐ Employee/Management Responsibility Y ☐ N ☐ 9779 Utility Service Center Gate Replacements Page 18 of 63 Hazard Recognition and Control Y ☐ N ☐ Incident Reporting and Investigation Y ☐ N ☐ Describe a typical job site safety briefing (time, location, frequency, topics, documentation). How does your company ensure health and safety program compliance throughout the project? Does your company perform written Job Hazard Analysis’s (JHA’s) regularly and document them? Y ☐ N ☐ How often does your company conduct Health and Safety audits or inspections? Does your company have a written corrective action plan for any findings? Y ☐ N ☐ Section 4. Training and Certifications List required safety training ALL employees receive: List specialized safety training employees receive as needed: 9779 Utility Service Center Gate Replacements Page 19 of 63 Does your company maintain records of all safety training and certifications? Y ☐ N ☐ Section 5. Safety Equipment (Engineered Controls) Will your company be performing any Trenching/Excavation and Confined Space Activities? Y ☐ N ☐ If yes, list what protective shoring equipment you will have available for the job site? If entering Permit Required Confined Spaces (PRCS), such as vaults or sewers, what is your procedure for these activities? Section 6. Health and Safety Records List the Company’s Experience Modification Rate (EMR) for the previous 3 years Year: EMR: Year: EMR: Year: EMR: For any EMR greater than 1, provide an explanation for the rating and describe the corrective action taken by the Company. Use additional pages if needed. 9779 Utility Service Center Gate Replacements Page 20 of 63 Provide the number of injuries and illnesses recorded (OSHA 300 log or equivalent) in the previous 3 years: Calendar Year Year: Year: Year: Number of Fatalities Number of OSHA recordable cases Number of OSHA modified duty cases Number of OSHA lost time cases OSHA Total Recordable Incident Rate (TRIR) Number of recordable cases x 200,000 Number of hours worked OSHA DART Rate (Days Away Restricted or Transferred) Number of DART cases x 200,000 Number of hours worked Average number of employees on payroll Have any OSHA citations been issued to your company in the past 3 years? Y ☐ N ☐ If yes, list the citations and for each, provide the type of violation, an explanation for the citation, the penalty issued, and describe the corrective action taken by the Company. Limit your response to projects that have occurred in the Rocky Mountain region. Use additional pages if needed. 9779 Utility Service Center Gate Replacements Page 21 of 63 SECTION 00410 BID BOND KNOW ALL PEOPLE BY THESE PRESENTS: that we, the undersigned as PRINCIPAL, and , as SURETY, are hereby held and firmly bound unto the City of Fort Collins, Colorado, as OWNER, in the sum of $ ($ ) for the payment of which, well and truly to be made, we hereby jointly and severally bind ourselves, successors, and assigns. THE CONDITION of this obligation is such that whereas the PRINCIPAL has submitted to the City of Fort Collins, Colorado the accompanying Bid and hereby made a part hereof to enter into a Construction Agreement for the construction of Fort Collins Project, . NOW THEREFORE, (a) If said Bid shall be rejected, or (b) If said Bid shall be accepted and the PRINCIPAL shall execute the Contract attached hereto (properly completed in accordance with said Bid) and shall furnish a BOND for their faithful performance of said Contract, and for payment of all persons performing labor or furnishing materials in connection therewith, and shall in all other respects perform the Agreement created by the acceptance of said Bid, then this obligation shall be void; otherwise the same shall remain in force and effect, it being expressly understood and agreed that the liability of the SURETY for any and all claims hereunder shall, in no event, exceed the penal amount of this obligation as herein stated. The SURETY, for value received, hereby stipulates and agrees that the obligations of said SURETY and its BOND shall be in no way impaired or affected by any extension of the time within which the OWNER may accept such Bid; and said SURETY does hereby waive notice of any such extension. SURETY Companies executing bonds must be authorized to transact business in the State of Colorado and be accepted by the OWNER. 9779 Utility Service Center Gate Replacements Page 22 of 63 IN WITNESS WHEREOF, the PRINCIPAL and the SURETY have hereunto set their hands and seals this day of , 20 , and such of them as are corporations have caused their corporate seals to be hereto affixed and these presents to be signed by their proper officers, the day and year first set forth above. PRINCIPAL SURETY Name: Address: By: By: Title: Title: ATTEST: By: (SEAL) (SEAL) 9779 Utility Service Center Gate Replacements Page 23 of 63 SECTION 00420 STATEMENT OF BIDDER'S QUALIFICATIONS All questions must be answered, and the data given must be clear and comprehensive. This statement must be notarized. If necessary, questions may be answered on separate attached sheets. The Bidder may submit any additional information if needed. 1. Name of Bidder: 3. When was Bidder’s firm organized: 4. If your firm is a corporation, where is the firm incorporated: 5. How many years has the firm been engaged in the contracting business under the present firm or trade name? 6. Provide a list of the contracts on hand: (list these, showing the amount of each contract and the appropriate anticipated dates of completion.) 7. What is the general character of Work performed by your company: 8. Have you or a firm for which you were a principal ever failed to complete any Work awarded to you? If so, where and why? 9. Has the firm ever defaulted on a contract? If so, where and why? 9779 Utility Service Center Gate Replacements Page 24 of 63 10. Is the firm debarred by any government agency? If yes, list agency name. 11. Provide the background and experience of the principal members of your organization, including officers: 12. Credit available: $ 13. Bank Reference: 14. Will you, upon request, provide a detailed financial statement for your Company and furnish any other information that may be required by the OWNER? 15. Are any lawsuits pending against you or your firm at this time? If yes, provide detail 16. REFERENCES The undersigned Bidder shall provide three (3) completed or under construction project references of similar scope and price from the past three (3) years. It is the City’s preference that the reference projects use the same Project Manager as the CONTRACTOR is proposing for this project. It is preferred that references are from three separate owners and shall include a brief project description, owner contact information (name, title, email, and phone number), and total contract value. References may be checked by the City and bids that do not include the required and satisfactory references may be deemed non-responsive. The City reserves the right to request additional project references at its sole discretion. Project 1 Name: Brief Description: 9779 Utility Service Center Gate Replacements Page 25 of 63 Contract Value: Client: Contact Name: Title: Phone: Email: Project 2 Name: Brief Description: Contract Value: Client: Contact Name: Title: Phone: Email: Project 3 Name: Brief Description: Contract Value: Client: Contact Name: Title: Phone: Email: 17. The undersigned hereby authorizes and requests any person, firm or corporation to furnish any information requested by the OWNER in verification of the recital comprising this Statement of Bidder's Qualifications. By signing below, the Contractor agrees that the answers to the foregoing questions and all statements therein contained are true and correct. 9779 Utility Service Center Gate Replacements Page 26 of 63 Company: By: Printed: Title: State of County of ____________________ Signed before me on _______________________, 20____ by __________________________________ (name(s) of individual(s) making statement). ____________________________________ (Notary’s official signature) ____________________________________ (Title of office) ____________________________________ (Commission Expiration) 9779 Utility Service Center Gate Replacements Page 27 of 63 SECTION 00430 SCHEDULE OF SUBCONTRACTORS Please list all subcontractors and their corresponding Work items in the space below. If not applicable, please note “N/A”. ITEM SUBCONTRACTOR 9779 Utility Service Center Gate Replacements Page 28 of 63 ACKNOWLEDGEMENT Contractor hereby acknowledges receipt of the City of Fort Collins Bid and acknowledges that it has read and agrees to be fully bound by all of the terms, conditions and other provisions set forth in 9779 USC Gate Replacements except as otherwise noted. Additionally, Contractor hereby makes the following representations to City: a. All of the statements and representations made in this proposal are true to the best of the Contractor’s knowledge and belief. b. Contractor commits that it is able to meet the terms provided in this proposal. c. This proposal is a firm and binding offer, for a period of 90 days from the date hereof. d. Contractor further agrees that the method of award is acceptable. e. Contractor also agrees to complete the proposed Notice of Award (NOA) with the City of Fort Collins within 10 days of notice of award. If NOA is not completed and signed within 10 days, City reserves the right to cancel and award to the next highest rated firm. f. Contractor acknowledges receipt of addenda. g. Contractor acknowledges no conflict of interest. h. Failure to provide a public viewing copy will be considered a waiver of any claim of confidentiality under Colorado Open Records Act (CORA). Contractor hereby waives any and all claims for damages against the City for the City’s good faith compliance with CORA. Legal Firm Name: Physical Address: Remit to Address: Phone: Email Address: Name of Authorized Agent of Firm: Signature of Authorized Agent: Primary Contact for Project: Title: Email Address: Phone: Cell Phone: NOTE: ALL BID SUBMITTAL FORM PAGES MUST BE COMPLETED, SIGNED WHERE REQUIRED & RETURNED WITH YOUR BID PROPOSAL PACKAGE. 9779 Utility Service Center Gate Replacements Page 29 of 63 EXHIBIT A SPECIFICATION 9779 Utility Service Center Gate Replacements Page 30 of 63 Slide Gate OperatorINDUSTRIAL n Moves up to 20,000 lb (9,072 kg) gates with ease n Longest life and lowest maintenance. SlideDriver reliably secures tens of thousands of sites worldwide and lasts decades n Smooth travel and less wear. 1 ft/s (30 cm/s) to 3 ft/s (91 cm/s) Emergency Fast Close available on SlideDriver 50VF2/3 n Seamless synchronization with all HySecurity operators for dual gate, sally port or other specialized applications n 31 models including UPS, Correctional Facility and Modular SMART TOUCH CONTROLLER provides the ultimate in reliability, configurability and system troubleshooting. iNdUSTRiAL gRAdE COMpONENTS ensure extremely low maintenance and exceptionally long life. iNSidE ELECTRiCAL ENCLOSURE ExTREMELy RELiAbLE HydRAULiCS contain only one gallon of high performance environmentally friendly hydraulic fluid. Operates without fail in hottest and coldest climates. SlideDriver ™ Aviation Utilities Corrections 1-800-321-9947 • www.hysecurity.com SlideDriver 40 4,000 lb gates (1,814 kg) 1 ft/s (30 cm/s) SlideDriver 15 1,500 lb gates (680 kg) 1 ft/s (30 cm/s) SlideDriver 80 8,000 lb gates (3,629 kg) 1 ft/s (30 cm/s) SlideDriver 200 20,000 lb gates (9,072kg) 1 ft/s (30 cm/s) SlideDriver 30F 3,000 lb gates (1,361 kg) 1.7 ft/s (50 cm/s) SlideDriver 50VF 2/3 5,000 lb gates (2,268 kg) Field adjustable 2.2 ft/s (70 cm/s) or 3 ft/s (90 cm/s) and Emergency Fast Close FASTFAST Ultra reliable • Unlimited cycles • Secure • Long/Heavy gates • Low maintenance Smart Touch Controller keypad & display For specifications, tech support, pictures and email subscriptions Visit www.hysecurity.com 9779 Utility Service Center Gate Replacements Page 31 of 63 INDUSTRIALdistributed by:Ultra ReliableHigh Security See the latest from HySecurity at www.hysecurity.com FAST Operators 1,500 lb (680 kg) gates 1 ft/s (30 cm/s) 4,000 lb (1,814 kg) gates 1 ft/s (30 cm/s) 8,000 lb (3,629 kg) gates 1 ft/s (30 cm/s) 20,000 lb (9,072 kg) gates 1 ft/s (30 cm/s) 3,000 lb (1,361 kg) gates 1.7 ft/s (50 cm/s) 5,000 lb (2,268 kg) gates 2.2 ft/s (70 cm/s) or 3 ft/s (91 cm/s) Model SlideDriver 15 SlideDriver 40 SlideDriver 80 SlideDriver 200 SlideDriver 30F SlideDriver 50VF2/3 Part #222 SS ST 222 E ST 222 X1 ST 444 XS ST 222 EX 1.7 ST 222 X3 ST Duty Cycle Continuous Horsepower 1 hp 1 hp 2 hp 5 hp 2 hp 2 hp Drive Hydraulic Drive Wheels Two 6” (15 cm) AdvanceDrive wheels Two 6” (15 cm) AdvanceDrive wheels One 8” (20 cm) AdvanceDrive wheel, One 8” XtremeDrive wheel and 27 ft (8 m) of rack Two 8” (20 cm) AdvanceDrive wheels, Two 8” XtremeDrive wheels and 52 ft (16 m) of rack Two 6” (15 cm) AdvanceDrive wheels Two 8” (20 cm) AdvanceDrive wheels Gate Weight Max.1,500 lb (680 kg) 4,000 lb (1,814 kg)8,000 lb (3,629 kg) 20,000 lb (9,072 kg) 3,000 lb (1,361 kg) 5,000 lb (2,268 kg) Gate Length Max.Limited only by weight Drawbar Pull 300 lb (136 kg)300 lb (136 kg)600 lb (272 kg)1,200 lb (544 kg)300 lb (136 kg)300 lb (136 kg) Rate of Travel 1 ft/s (30 cm/s)1.7 ft/s (50 cm/s) Field adjustable, 2.2 ft/s (70 cm/s) or 3 ft/s (91 cm/s) Emergency Fast Close 3 ft/s (91 cm/s) Temperature Rating -40º F to 158º F (-40º C to 70º C) using environmentally friendly Uniflow fluid or -10° F to 158° F (-23° C to 70° C) using biodegradeable fluid. No heater necessary. 1 Phase Power 115/208/230V 60 Hz 110/220V 50 Hz 115/208/230V 60 Hz 110/220V 50 Hz 208/230V 60 Hz 220V 50 Hz 230V 60 Hz 208/230V 60 Hz 220V 50 Hz 208/230V 60 Hz 220V 50 Hz 3 Phase Power 208/230/460/575V 60 Hz , 220/380V 50 Hz Communication RS-232, RS-485, Ethernet option User Controls Smart Touch Controller with 70+ configurable settings. Smart Touch keypad and display or a PC using S.T.A.R.T. software. Relays Three configurable user relays: one 30VDC, 3A solid state and two 250VAC, 10A electromechanical ETL Listed (UL 325)Usage Class I, II, III, IV Usage Class I, II, III, IV Usage Class III, IV Usage Class III, IV Usage Class III, IV Usage Class III, IV Warranty 5 year Additional SlideDriver models available UPS Backup*SlideDriver 15 UPS* SlideDriver 40 UPS* SlideDriver 80 UPS* SlideDriver 200 UPS* SlideDriver 30F UPS*– Correctional Facility –SlideDriver 40-C SlideDriver 80-C SlideDriver 200-C SlideDriver 30F-C SlideDriver 50VF2/3-C Modular SlideDriver 15-M SlideDriver 40-M SlideDriver 80-M SlideDriver 200-M SlideDriver 30F-M SlideDriver 50VF2/3-M * 1000 cycles/day expected duty cycle. Actual duty cycle depends on site specific conditions and gate configuration. Programming Functions Operating Functions LCD Display Smart Touch Controller Keypad Smart Touch Controller Board SMART TOUCH COnTROLLER AnD S.T.A.R.T. (Smart Touch Analyze & Retrieve Tool) HY-5A Vehicle Detectors (up to 4) plug into sockets Free Exit Inside Loop Outside Loop Center Loop n Microprocessor-based (Non-PLC) n 21 field configurable inputs n 3 field configurable user relay outputs n 4 plug-in Hy-5A vehicle detector sockets n RS-485 and RS-232 n Date & time stamped fault logs, errors and security alerts n PC interface provided for easy configuration and quick troubleshooting using Smart Touch Analyze and Retrieve Tool (S.T.A.R.T.)The XtremeDrive traction rack and drive wheel system OPTiOnAL ACCESSORiES: Hy-5A intelligent vehicle detectors, 12 in (30 cm) base extension, tamper proof heavy gauge cover, cabinet lock, solenoid lock, Fire and Emergency Access Lock Box, heater, strobe light, photo eye, snowbrush and blade kit, XtremeDrive rack kit, custom colors and more. SySTEM DESiGn SUPPORT: Contact HySecurity for CAD drawings, tech manuals, help with custom site requirements or other specifications support. Download operator specifications online at www.hysecurity.com or call to speak with a HySecurity representative today. 31 SlideDriver™ Models Contact HySecurity for an operator/parts distributor near you. phone 800-321-9947 fax 888-321-9946 www.hysecurity.com • info@hysecurity.com D0504 081613 HySecurity operators secure the world’s critical infrastructure and key assets where ultimate reliability is vital. SlideDriver delivers uncompromising quality to industrial customers worldwide, where ease of use, consistent operation, low maintenance, long life and high reliability is expected. Standard Drive WheelDrive Rail Rack XtremeDrive Wheel The AdvanceDrive Wheel 9779 Utility Service Center Gate Replacements Page 32 of 63 9779 Utility Service Center Gate Replacements Page 33 of 63 SECTION 00510 NOTICE OF AWARD DATE: [Date] TO: [Contractor] PROJECT: OWNER: CITY OF FORT COLLINS (hereinafter referred to as "the OWNER") CONTRACTOR is hereby notified that your Bid dated [CONTRACTOR'S Bid Date] for the above project has been considered. CONTRACTOR is the apparent successful Bidder and has been awarded an Agreement for . The Price of the Agreement is ($ ). One (1) copy of all Contract Documents accompany this Notice of Award. Additional copies of the drawings may be requested from the Project Manager. CONTRACTOR must comply with the following conditions within fifteen (15) days of the date of this Notice of Award, that is by [Date]. 1. CONTRACTOR must deliver to the OWNER a fully executed Agreement complete with authorized signature on the signature page. 2. CONTRACTOR must deliver with the executed Agreement the Contract Security (Bonds) as specified in the Instructions to Bidders. Failure to comply with these conditions within the time specified will entitle OWNER to consider your Bid abandoned, to annul this Notice of Award and to declare your Bid Security forfeited. City of Fort Collins OWNER By: Gerry Paul Purchasing Director 9779 Utility Service Center Gate Replacements Page 34 of 63 SECTION 00520 AGREEMENT THIS AGREEMENT is dated as of the [Day] day of [Month] in the year of 20[Year] and shall be effective on the date this AGREEMENT is signed by the City. The City of Fort Collins (hereinafter called OWNER) and [Contractor] (hereinafter called CONTRACTOR) OWNER and CONTRACTOR, in consideration of the mutual covenants hereinafter set forth, agree as follows: ARTICLE 1. WORK CONTRACTOR shall complete all Work as specified or indicated in the Contract Documents. The Project for which the Work under the Contract Documents may be the whole or only a part is defined as the construction of the . ARTICLE 2. CHANGE ORDERS The City, may, at any time during the term and without invalidating the Agreement, make changes to the particular services. Such changes shall be agreed upon in writing by the parties by Change Order, a sample of which is attached hereto as 00950, consisting of one (1) page and incorporated herein by this reference. ARTICLE 3. CONTRACT TIMES 3.1. The Work shall be Substantially Completed by the CONTRACTOR, as evidenced by the issuance of the Certificate of Substantial Completion, within one hundred twenty-two (122) calendar days after the date of the Notice to Proceed. 3.2. The Work must be completed by the CONTRACTOR and ready for Final Payment and Acceptance within thirty (30) calendar days after Substantial Completion. 3.3. Liquidated Damages. OWNER and CONTRACTOR recognize that time is of the essence of this Agreement and that OWNER will suffer financial loss if the Work is not completed within the times specified in paragraphs 3.1 and 3.2 above, plus any extensions thereof allowed. They also recognize the delays, expenses and difficulties involved in proving in a legal preceding the actual loss suffered by OWNER if the Work is not completed on time. Accordingly, instead of requiring any such proof, OWNER and CONTRACTOR agree that as Liquidated Damages for delay (but not as penalty) CONTRACTOR shall pay OWNER the amounts set forth hereafter. 1) Substantial Completion. One thousand dollars ($1,000) for each calendar day or fraction thereof, during one (1) to thirty (30) days after XX number of calendar days OR the Substantial Completion date established in Section 00530 Notice to Proceed until the work is Substantially Complete; if incomplete after thirty (30) days, the liquidated damages are five hundred dollars ($500) per calendar day, or fraction thereof, until the work is Substantially Complete. 2) Final Payment and Acceptance: After Substantial Completion, five hundred dollars ($500) for each calendar day or fraction thereof after XX number of calendar days after Substantial Completion until the Work is ready for Final Payment and Acceptance. 9779 Utility Service Center Gate Replacements Page 35 of 63 ARTICLE 4. CONTRACT PRICE 4.1 OWNER shall pay CONTRACTOR for performance of the Work in accordance with the Contract Documents as follows: ($ ), in accordance with Section 00300, attached and incorporated herein by this reference. ARTICLE 5. PAYMENT PROCEDURES CONTRACTOR shall submit Applications for Payment in accordance with this Article. Applications for Payment will be processed by OWNER. 5.1. PROGRESS PAYMENTS. OWNER shall make progress payments on account of the Contract Price on the basis of CONTRACTOR's Application for Payment, once each month during construction as provided below. All progress payments will be calculated on the basis of the progress of the Work. I In the case of Unit Price Work, progress payments will be based on the number of units completed and pricing will be in accordance with the Bid Form, Section 00300. 5.1.1. APPLICATION FOR PAYMENT Applications for Payment should be emailed monthly to invoices@fcgov.com with a copy to the Project Manager. The cost of the work completed shall be paid to the Contractor each month following the submittal of a correct invoice completed in accordance with the Application for Payment, Section 00960. Payments will be made using the prices stated in the Work Order. In the event a service is requested that is not stated in the Work Order, the Contractor and the City will negotiate an appropriate unit price for the service prior to the Contractor initiating such work. The City pays invoices on Net 30 terms. 5.1.2. Prior to Substantial Completion, OWNER will be entitled to withhold as contract retainage five percent (5%) of each progress payment, but, in each case, less the aggregate of payments previously made and less such amounts as OWNER shall determine, or OWNER may withhold. If, in the sole discretion of OWNER, OWNER determines that the character and progress of the Work have been satisfactory to OWNER, 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 may be included in the Application for Payment 00960. 5.1.3. Upon Substantial Completion payment will be made in an amount sufficient, if necessary, to increase total payments to CONTRACTOR to 95% of the Contract Price, less such amounts as OWNER shall determine or OWNER may withhold in accordance as provided by law. 9779 Utility Service Center Gate Replacements Page 36 of 63 5.2. FINAL PAYMENT AND ACCEPTANCE. Upon Final Payment and Acceptance of the Work in accordance with Contract Documents, OWNER shall pay the remainder of the Contract Price. ARTICLE 6. CONTRACTOR'S REPRESENTATION In order to induce OWNER to enter into this Agreement, CONTRACTOR makes the following representations: 6.1. CONTRACTOR has familiarized himself with the nature and extent of the Contract Documents, Work, site, locality, local conditions, and all applicable Laws and Regulations that in any manner may affect cost, progress, performance or furnishing of the Work. 6.2. CONTRACTOR has obtained and carefully studied (or assumes responsibility for obtaining and carefully studying) all such examinations, investigations, explorations, tests, reports, studies, and subsurface or physical conditions, 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; 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. 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 OWNER written notice of all conflicts, errors or discrepancies that he has discovered in the Contract Documents and the written resolution thereof by OWNER is acceptable to CONTRACTOR. ARTICLE 7. CONTRACT DOCUMENTS 7.1. The Contract Documents which comprise the entire Agreement between OWNER and CONTRACTOR concerning the Work consist of the documents defined below, all of which are incorporated herein by this reference. 7.2. Forms for use by CITY and/or CONTRACTOR in performing the Work and related actions in carrying out the terms of this Agreement are deemed Contract Documents and incorporated herein by this reference, and include, but are not limited to, the following: 00300 Bid Form 9779 Utility Service Center Gate Replacements Page 37 of 63 00420 Statements of Bidders Qualifications 00430 Schedule of Subcontractors 00510 Notice of Award 00520 Agreement 00530 Notice to Proceed 00610 Performance Bond 00615 Payment Bond 00630 Certificate of Insurance 00635 Certificate of Substantial Completion 00640 Certificate of Final Acceptance 00650 Lien Waiver Releases 00660 Consent of SURETY 00960 Application for Payment 7.3 Specifications, Reports & Drawings, dated and 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. Addenda Numbers to , inclusive. 7.5. The Contract Documents also include all written amendments and other documents amending, modifying, or supplementing the Contract Documents. 7.6. There are no Contract Documents other than those listed or incorporated by reference in this Article 7. The Contract Documents may only be amended, modified or supplemented as provided in Article 2 of this Agreement. ARTICLE 8. MISCELLANEOUS 8.1. No assignment by a party hereto of any rights, obligations or interests in or under the Contract Documents will be binding on another party hereto without the prior written consent of the party sought to be bound; and specifically but not without limitations, moneys that may become due and moneys that are due may not be assigned without such consent and unless specifically stated to the contrary in any written consent to an assignment no assignment will release or discharge that assignor from any duty or responsibility under the Contract Documents. Any such assignment without the required prior written consent of the OWNER, shall be deemed null and void and have no effect. 8.2. OWNER and CONTRACTOR each binds itself, its partners, successors, assigns and legal representatives to the other party hereto, its partners, successors, assigns and legal representatives in respect to all covenants, promises, and obligations in this Agreement and in the Contract Documents. 8.3. To the extent this Agreement or any provision in it constitutes a multiple fiscal year debt or financial obligation of the OWNER, it shall be subject to annual appropriation by OWNER’S City Council as required in Article V, Section 8(b) of the City Charter, City Code Section 8-186, and Article X, Section 20 of the Colorado Constitution. The OWNER shall have no obligation to continue this 9779 Utility Service Center Gate Replacements Page 38 of 63 Agreement in any fiscal year for which no such supporting appropriation has been made. 8.4. The laws of the State of Colorado shall govern the construction, interpretation, execution, and enforcement of this Agreement. The Parties further agree that Larimer County District Court is the proper venue for all disputes. If the OWNER subsequently agrees in writing that the matter may be heard in federal court, venue will be in Denver District Court. 8.5. 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: Contractor: City: Copy to: Attn: email address City of Fort Collins Attn: PO Box 580 Fort Collins, CO 80522 email address City of Fort Collins Attn: Purchasing Dept. PO Box 580 Fort Collins, CO 80522 purchasing@fcgov.com OWNER: CITY OF FORT COLLINS CONTRACTOR: [CONTRACTOR] By: By: , City Manager (over $1,000,000) PRINTED By: Gerry Paul, Purchasing Director Title: Date: Date: Attest: (CORPORATE SEAL) City Clerk Attest: Approved as to Form Assistant City Attorney 9779 Utility Service Center Gate Replacements Page 39 of 63 SECTION 00530 NOTICE TO PROCEED Original Bid Number & Name Description of Work: To: [CONTRACTOR] This notice is to advise you: That the Contract covering the above described Work has been fully executed by the CONTRACTOR and the OWNER. That the required CONTRACTOR's Performance Bond and Payment Bond have been received by the OWNER. Therefore, as the CONTRACTOR for the above described Work, CONTRACTOR is hereby authorized and directed to proceed with the Work to begin on . The expected dates for Substantial Completion and Final Acceptance shall be , 20 and , 20 , respectively. Dated this day of , 20 . City of Fort Collins OWNER By: Title: ACKNOWLEDGMENT OF NOTICE Receipt of the above Notice to Proceed is hereby acknowledged this day of , 20__. CONTRACTOR: [CONTRACTOR] By: Title: 9779 Utility Service Center Gate Replacements Page 40 of 63 SECTION 00600 BONDS AND CERTIFICATES 00610 Performance Bond 00615 Payment Bond 00630 Certificate of Insurance 00635 Certificate of Substantial Completion 00640 Certificate of Final Acceptance 00650 Lien Waiver Release (CONTRACTOR) 00660 Consent of SURETY 00670 Application for Exemption Certificate 9779 Utility Service Center Gate Replacements Page 41 of 63 SECTION 00610 PERFORMANCE BOND Bond No. KNOW ALL PEOPLE BY THESE PRESENTS: (firm) (address) (an Individual), (a Partnership), (a Corporation) (a Limited Liability Company), hereinafter referred to as the "PRINCIPAL" and (Firm) (Address) hereinafter referred to as "the SURETY", are held and firmly bound unto City of Fort Collins, 300 Laporte Ave, Fort Collins, Colorado 80522, a home rule municipality, hereinafter referred to as the "OWNER", in the penal sum of ($ ) in lawful money of the United States, for the payment of which sum well and truly to be made, we bind ourselves, successors and assigns, jointly and severally, firmly by these presents. THE CONDITIONS OF THIS OBLIGATION are such that whereas the PRINCIPAL entered into a certain Agreement with the OWNER, dated the [Day] day of [Month] in the year of 20[Year], a copy of which is hereto attached and made a part hereof for the performance of the City of Fort Collins Project, number and title of project . NOW, THEREFORE, if the PRINCIPAL shall well, truly and faithfully perform its duties, all the undertakings, covenants, terms, conditions and agreements of said Agreement during the original term thereof, and any extensions thereof which may be granted by the OWNER, with or without any notice to the SURETY and during the life of the guaranty period, and if the Principal shall satisfy all claims and demands incurred under such Agreement, and shall fully indemnify and save harmless the OWNER from all cost and damages which it may suffer by reason of failure to do so, and shall reimburse and repay the OWNER all outlay and expense which the OWNER may incur in making good any default then this obligation shall be void; otherwise to remain in full force and effect. PROVIDED, FURTHER, that the said SURETY, for value received, hereby stipulates and agrees that no change, extension of time, alteration or addition to the terms of the Agreement or to the Work to be performed thereunder or the Specifications accompanying the same shall in any way affect its obligation on this bond; and it does hereby waive notice of any such change, extension of time, alteration or addition to the terms of the Agreement or to the Work or to the Specifications. PROVIDED, FURTHER, that no final settlement between the OWNER and the PRINCIPAL shall abridge the right of any beneficiary hereunder, whose claim may be unsatisfied. PROVIDED, FURTHER, that the SURETY Company must be authorized to transact business in the State of Colorado and be acceptable to the OWNER. 9779 Utility Service Center Gate Replacements Page 42 of 63 IN WITNESS WHEREOF, this instrument is executed this _____ day of _____ ____, 20__. IN PRESENCE OF: PRINCIPAL (Title) (Title) (Corporate Seal) (Address) IN PRESENCE OF: Other PARTNERS _____________________________ By: _____________________________ By: IN PRESENCE OF: SURETY _____________________________ By:_____________________________________ _____________________________ (Address) (SURETY Seal) NOTE: Date of Bond must not be prior to date of Agreement. If CONTRACTOR is Partnership, all partners should execute Bond. Attach to form when submitted: Power of Attorney and Certificate of Authority of Attorney(s)-in-Fact 9779 Utility Service Center Gate Replacements Page 43 of 63 SECTION 00615 PAYMENT BOND Bond No. KNOW ALL PEOPLE BY THESE PRESENTS: that (firm) (address) (an Individual), (a Partnership), (a Corporation) (a Limited Liability Company), hereinafter referred to as the "PRINCIPAL" and (Firm) (Address) hereinafter referred to as "the SURETY", are held and firmly bound unto the City of Fort Collins, 300 Laporte Ave., Fort Collins, Colorado 80522 , a home rule municipality, a home rule municipality, hereinafter referred to as "the OWNER", in the penal sum of ($ ) in lawful money of the United States, for the payment of which sum well and truly to be made, we bind ourselves, successors and assigns, jointly and severally, firmly by these presents. THE CONDITIONS OF THIS OBLIGATION are such that whereas the PRINCIPAL entered into a certain Agreement with the OWNER, dated the [Day] day of [Month] in the year of 20[Year], a copy of which is hereto attached and made a part hereof for the performance of the City of Fort Collins Project, number and title of project . NOW, THEREFORE, if the PRINCIPAL shall make payment to all persons, firms, subcontractors, and corporations furnishing materials for or performing labor in the prosecution of the Work provided for in such Agreement and any authorized extension or modification thereof, including but not limited to, all amounts due for materials, lubricants, repairs on machinery, equipment and tools, consumed, rented or used in connection with the construction of such Work, and all insurance premiums on said Work, and for all labor, performed in such Work whether by subcontractor or otherwise, then this obligation shall be void; otherwise to remain in full force and effect. PROVIDED, FURTHER, that the said SURETY, for value received, hereby stipulates and agrees that no change, extension of time, alteration or addition to the terms of the Agreement or to the Work to be performed thereunder or the Specifications accompanying the same shall in any way affect its obligation on this bond; and it does hereby waive notice of any such change, extension of time, alteration or addition to the terms of the Agreement or to the Work or to the Specifications. PROVIDED, FURTHER, that no final settlement between the OWNER and the PRINCIPAL shall abridge the right of any beneficiary hereunder, whose claim may be unsatisfied. PROVIDED, FURTHER, that the SURETY Company must be authorized to transact business in the State of Colorado and be acceptable to the OWNER. 9779 Utility Service Center Gate Replacements Page 44 of 63 IN WITNESS WHEREOF, this instrument is executed this day of , 20__. IN PRESENCE OF: PRINCIPAL (Title) (Title) (Corporate Seal) (Address) IN PRESENCE OF: Other PARTNERS _____________________________ By: _____________________________ By: IN PRESENCE OF: SURETY _____________________________ By:_____________________________________ _____________________________ (Address) (SURETY Seal) NOTE: Date of Bond must not be prior to date of Agreement. If CONTRACTOR is Partnership, all partners should execute Bond. Attach to form when submitted: Power of Attorney and Certificate of Authority of Attorney(s)-in-Fact 9779 Utility Service Center Gate Replacements Page 45 of 63 SECTION 00630 CERTIFICATE OF INSURANCE The CONTRACTOR will provide, from insurance companies acceptable to the City, the insurance coverage designated hereinafter and pay all costs. Before commencing work under this bid, the CONTRACTOR shall furnish the City with certificates of insurance showing the type, amount, class of operations covered, effective dates and date of expiration of policies. In case of the breach of any provision of the Insurance Requirements, the City, at its option, may take out and maintain, at the expense of the Contractor, such insurance as the City may deem proper and may deduct the cost of such insurance from any monies which may be due or become due the CONTRACTOR under this Agreement. Insurance certificates should show the certificate holder as follows: City of Fort Collins Purchasing Division PO Box 580 Fort Collins, CO 80522 The City, its officers, agents and employees shall be named as additional insureds on the Contractor 's general liability and automobile liability insurance policies by marking the appropriate box or adding a statement to this effect on the certificate, for any claims arising out of work performed under this Agreement. Insurance coverages shall be as follows: A. Workers' Compensation & Employer's Liability. The CONTRACTOR shall maintain during the life of this Agreement for all of the CONTRACTOR’s employees engaged in work performed under this agreement. Workers' Compensation & Employer’s Liability insurance shall conform with statutory limits of $100,000 per accident, $500,000 disease aggregate, and $100,000 disease each employee, or as required by Colorado law. B. General Liability. The CONTRACTOR shall maintain during the life of this Agreement such General Liability as will provide coverage for damage claims of personal injury, including accidental death, as well as for claims for property damage, which may arise directly or indirectly from the performance of work under this Agreement. Coverage for property damage shall be on a "broad form" basis. The amount of insurance for General Liability, shall not be less than $1,000,000 combined single limits for bodily injury and property damage. C. Automobile Liability. The CONTRACTOR shall maintain during the life of this Agreement such Automobile Liability insurance as will provide coverage for damage claims of personal injury, including accidental death, as well as for claims for property damage, which may arise directly or indirectly from the performance of work under this Agreement. Coverage for property damage shall be on a "broad form" basis. The amount of insurance for Automobile Liability, shall not be less than $1,000,000 combined single limits for bodily injury and property damage. D. Builder’s Risk. The CONTRACTOR shall maintain during the term of this Agreement builder’s risk insurance in the amount of full insurable replacement cost. The insurance shall: 9779 Utility Service Center Gate Replacements Page 46 of 63 Be written on a builder’s risk “all risk” policy form that shall at least include insurance for physical loss or damage to the Work, temporary buildings, falsework, and materials and equipment in transit, and shall insure against at least the following perils or causes of loss: fire; lightning; windstorm; riot; civil commotion; terrorism; vehicle impact; aircraft; smoke; theft; vandalism and malicious mischief; earthquake and other earth movement; flood; collapse; explosion; debris removal; demolition; and water damage (other than that caused by flood). Cover, as insured property, at least the following: (a) the Work and all materials, supplies, machinery, apparatus, equipment, fixtures, and other property of a similar nature that are to be incorporated into or used in the preparation, fabrication, construction, erection, or completion of the Work, including OWNER-furnished or assigned property; (b) spare parts inventory required within the scope of the Contract; and (c) temporary works which are not intended to form part of the permanent constructed Work but which are intended to provide working access to the Site, or to the Work under construction, or which are intended to provide temporary support for the Work under construction, including scaffolding, form work, fences, shoring, falsework, and temporary structures E. Subcontractors. In the event any work is performed by a subcontractor, the CONTRACTOR shall be responsible for any liability directly or indirectly arising out of the work performed under this Agreement by a subcontractor, which liability is not covered by the subcontractor's insurance. F. Primary Coverage. For any claims related to the Agreement, CONTRACTOR’s insurance shall be primary coverage, and any insurance or self-insurance maintained by the City, its officers, agents and employees shall be in excess of the CONTRACTOR’s insurance and shall not contribute with it. G. Waiver of Subrogation. CONTRACTOR will grant to the City a waiver of any right of subrogation which any insurer of CONTRACTOR may acquire against the City by virtue of any payment of any loss. CONTRACTOR agrees to obtain any endorsement that may be necessary to affect this waiver of subrogation, but this provision applies regardless of whether or not the City has received a waiver of subrogation endorsement from the insurer. In the event any work is performed by a subcontractor, the CONTRACTOR shall be responsible for any liability directly or indirectly arising out of the work performed under this Agreement by a subcontractor, which liability is not covered by the subcontractor's insurance. 9779 Utility Service Center Gate Replacements Page 47 of 63 SECTION 00635 CERTIFICATE OF SUBSTANTIAL COMPLETION TO: CITY OF FORT COLLINS (OWNER) DATE OF SUBSTANTIAL COMPLETION: PROJECT TITLE: PROJECT OR SPECIFIED PART SHALL LOCATION: Fort Collins, Colorado INCLUDE: OWNER: City of Fort Collins CONTRACTOR: [Contractor] CONTRACT DATE: [Date] The Work performed under this AGREEMENT has been inspected by authorized representatives of the OWNER and CONTRACTOR and the Project or specified part of the Project, as indicated above is hereby declared to have achieved Substantial Completion on the above date. Pursuant to the Contract Documents, CONTRACTOR has provided the following items, where applicable: Record Drawings (ie. final as-builts) Operations & Maintenance Manuals All applicable training Commissioning Third Party Warranties Owner’s Extra Stock & Parts Keys Other: A tentative list of items to be completed or corrected is appended hereto. This list may not be exhaustive, and the failure to include an item on it does not alter the responsibility of the CONTRACTOR to complete all the Work in accordance with the Contract Documents. OWNER AUTHORIZED REPRESENTATIVE DATE The CONTRACTOR accepts the above Certificate of Substantial Completion and agrees to complete and correct the items on the tentative list on or before the Final Acceptance and Completion date of , 20 . CONTRACTOR AUTHORIZED REPRESENTATIVE DATE 9779 Utility Service Center Gate Replacements Page 48 of 63 The OWNER accepts the Project or specified area of the Project as substantially complete and will assume full possession of the Project or specified area of the Project at 12:01 a.m., on , 20 . CITY OF FORT COLLINS, COLORADO By: OWNER AUTHORIZED REPRESENTATIVE DATE 9779 Utility Service Center Gate Replacements Page 49 of 63 SECTION 00640 CERTIFICATE OF FINAL ACCEPTANCE AND COMPLETION Month, day , 20 TO: [CONTRACTOR] You are hereby notified that on the day of , 20__, the City of Fort Collins, Colorado, has accepted the Work completed by [CONTRACTOR] for the City of Fort Collins Project, . Pursuant to the Contract Documents, CONTRACTOR has provided the following items: All documentation called for in the Contract Documents, including without limitation certified payrolls as required for state or federally funded projects; Consent of the SURETY, if any, to final payment; Satisfactory evidence that all title issues have been resolved such that title to all Work, materials, and equipment has passed to OWNER free and clear of any Liens or other title defects or will so pass upon final payment. A list of all disputes that CONTRACTOR believes are unsettled; and Complete and legally effective releases or waivers (satisfactory to OWNER) of all Lien rights arising out of the Work, and of Liens filed in connection with the Work. Your continuing obligations and guarantees for the Project will be as provided in the Contract Documents. OWNER: City of Fort Collins By: Title: 9779 Utility Service Center Gate Replacements Page 50 of 63 SECTION 00650 LIEN WAIVER RELEASE (CONTRACTOR) TO: City of Fort Collins, Colorado (OWNER) FROM: [CONTRACTOR] (CONTRACTOR) PROJECT: 1. The CONTRACTOR acknowledges having received payment, except retainage from the OWNER for all work, labor, skill and material furnished, delivered and performed by the CONTRACTOR for the OWNER or for anyone in the construction, design, improvement, alteration, addition or repair of the above described project. 2. In consideration of such payment and other good and valuable consideration, the receipt and adequacy of which are hereby acknowledged, the CONTRACTOR voluntarily waives all rights, claims and liens, including but not limited to, mechanic's liens, Miller Act claims (40 U.S.C.A. 270 a and b), stop notices, equitable liens and labor and material bond rights which the CONTRACTOR may now or may afterward have, claim or assert for all and any work, labor, skill or materials furnished, delivered or performed for the construction, design, improvement, alteration, addition or repair of the above described project, against the OWNER or its officers, agents, employees or assigns, against any fund of or in the possession or control of the OWNER, against the project or against all land and the buildings on and appurtenances to the land improved by the project. 3. The CONTRACTOR affirms that all work, labor and materials, furnished, delivered or performed to or for the construction, design, improvement, alteration, addition or repair of the project were furnished, delivered or performed by the CONTRACTOR or its agents, employees, and servants, or by and through the CONTRACTOR by various subcontractors or materialmen or their agents, employees and servants and further affirms the same have been paid in full and have released in full any and all existing or possible future mechanic's liens or rights or claims against the project or any funds in the OWNER'S possession or control concerning the project or against the OWNER or its officers, agents, employees or assigns arising out of the project. 4. The CONTRACTOR agrees to defend and hold harmless the OWNER, the lender, if any, and the SURETY on the project against and from any claim hereinafter made by the CONTRACTOR'S subcontractors, materialmen, employees, servants, agents or assigns against the project or against the OWNER or its officers, employees, agents or assigns arising out of the project for all loss, damage and costs, including reasonable attorney’s fees, incurred as a result of such claims. 5. The parties acknowledge that the description of the project set forth above constitutes an adequate description of the property and improvements to which this Lien Waiver Release pertains. It is further acknowledged that this Lien Waiver Release is for the benefit of and may be relied upon by the OWNER, the lender, if any, and SURETY on any Payment and Performance Bonds for the project. 9779 Utility Service Center Gate Replacements Page 51 of 63 Signed this date , day of month , 20 . CONTRACTOR: [CONTRACTOR] By: Title: ATTEST: Secretary STATE OF ) )ss. COUNTY OF ) Subscribed and sworn to before me this date day of month 20 , by printed name of notary . Witness my hand and official seal. Signed and sworn to [or affirmed] before me on _______________________, 20____ by __________________________________ (name(s) of individual(s) making statement). ____________________________________ (Notary’s official signature) ____________________________________ (Title of office) ____________________________________ (Commission Expiration) 9779 Utility Service Center Gate Replacements Page 52 of 63 SECTION 00660 CONSENT OF SURETY TO: City of Fort Collins, Colorado (hereinafter referred to as the "OWNER") CONTRACTOR: [CONTRACTOR] PROJECT: CONTRACT DATE: [Date] In accordance with the provisions of the Contract between the OWNER and the CONTRACTOR as indicated above, for . (SURETY) on bond numbers hereby approves of the Final Payment to the CONTRACTOR and agrees that Final Payment to the CONTRACTOR shall not relieve the SURETY of any of its obligations to the OWNER, as set forth in the said SURETY's Bonds. IN WITNESS WHEREOF, the SURETY has hereunto set its hand this date day of month , 20 . (SURETY) By: ATTACH: Power of Attorney and Certificate of Authority of Attorney(s)-in-Fact. State of County of ____________________ This record was acknowledged before me on _________________________, 20 _____ by _________________________ as (type of authority, such as officer or trustee) of (name of party/entity on behalf of whom record was executed). (name of officer or agent, title of officer or agent) of (name of corporation acknowledging) a (state or place of incorporation) corporation, on behalf of the corporation. ____________________________________ (Notary’s official signature) ____________________________________ (Title of office) ____________________________________ (Commission Expiration) 9779 Utility Service Center Gate Replacements Page 53 of 63 SECTION 00670 APPLICATION FOR EXEMPTION CERTIFICATE 9779 Utility Service Center Gate Replacements Page 54 of 63 9779 Utility Service Center Gate Replacements Page 55 of 63 9779 Utility Service Center Gate Replacements Page 56 of 63 SECTION 00950 CHANGE ORDER NO. PROJECT TITLE: CONTRACTOR: [Contractor] WORK ORDER NUMBER: PO NUMBER: DESCRIPTION: 1. Reason for Change: Why is the change required? 2. Description of Change: Provide description of the changes to the Work 3. Change in Work Order Price: 4. Change in Work Order Time: ORIGINAL WORK ORDER PRICE $ .00 TOTAL APPROVED CHANGE ORDER .00 TOTAL PENDING CHANGE ORDER .00 TOTAL THIS CHANGE ORDER .00 TOTAL % OF THIS CHANGE ORDER % TOTAL C.O.% OF ORIGINAL WORK ORDER % ADJUSTED WORK ORDER COST $ .00 CONTRACTOR: By: Date: Name: Title: ACCEPTED: Date: City PM Name, Title REVIEWED: Date: Name, Buyer or Senior Buyer ACCEPTED: Date: Name, Title ACCEPTED: Date: Gerry Paul, Purchasing Director (if greater than $60,000) 9779 Utility Service Center Gate Replacements Page 57 of 63 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. OR The undersigned CONTRACTOR certifies that to the best of its knowledge, information and belief the Work covered by this Application for Payment has been completed in accordance with the Contract Documents, that all accounts have been paid for Work for which previous Applications for Payment were issued and payments received, and this current payment requested herein is now due. The above Amount Due This Application is requested by the CONTRACTOR. Date: By: In accordance with the Contract Documents, based on site observations and the data comprising the above Application, the ENGINEER certifies to the OWNER that the Work has progressed to the 9779 Utility Service Center Gate Replacements Page 58 of 63 point indicated; that to the best of its knowledge, information and belief, the quality of the Work is generally in accordance with the Contract Documents, and that the CONTRACTOR is entitled to payment of the amount requested herein subject to any set-offs set forth on the attached exhibit. Payment of the above Amount Due This Application is recommended by the ENGINEER. 9779 Utility Service Center Gate Replacements Page 59 of 63 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 TOTALS $0.00 $0.00 $0.00 $0.00 $0.00 9779 Utility Service Center Gate Replacements Page 60 of 63 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 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 9779 Utility Service Center Gate Replacements Page 61 of 63 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 TOTALS $0.00 $0.00 $0.00 $0.00 9779 Utility Service Center Gate Replacements Page 62 of 63