HomeMy WebLinkAboutCONTRACT - BID - 9779 UTILITY SERVICE CENTER GATE REPLACEMENTS
BID INFORMATION
AND
CONTRACT DOCUMENTS
FOR
UTILITY SERVICE CENTER GATE
REPLACEMENTS
BID NO. 9779
April 28, 2023
Financial Services
Purchasing Division
215 N. Mason St. 2nd Floor
PO Box 580
Fort Collins, CO 80522
970.221.6775
970.221.6707
fcgov.com/purchasing
DocuSign Envelope ID: 875F80D0-DB78-429F-AD59-56B3F2F1FA49
CONTRACT DOCUMENTS TABLE OF CONTENTS
BID INFORMATION
Addendum 1
Addendum 2
Addendum 3
00020 Invitation to Bid
00300 Bid Form
00400 Safety Form
00410 Bid Bond
00420 Statements of Bidders Qualifications
00430 Schedule of Subcontractors
CONTRACT DOCUMENTS
00500 Agreement Forms
00510 Notice of Award
00520 Agreement
00530 Notice to Proceed
00600 Bonds and Certificates
00610 Performance Bond
00615 Payment Bond
00630 Certificate of Insurance
00635 Certificate of Substantial Completion
00640 Certificate of Final Acceptance
00650 Lien Waiver Release (CONTRACTOR)
00660 Consent of Surety
00670 Application for Exemption Certificate
00900 Addenda, Modifications, and Payment
00950 Contract Change Order
00955 Work Change Directive
00960 Application for Payment
ADDITIONAL CONTRACT DOCUMENTS
Exhibit 1 - Specification
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Addendum Description
There are a couple of dates in the document for the Bid Opening Date. The correct date is March 23, 2023 at 3:00.
Notice Modifications
Category Modifications
Please note that solicitations issued prior to September 07, 2016 can be found here: http://legacy.rockymountainbidsystem.com
Notice Information From Value To Value
No entries
Added Categories
No Categories Added
Removed Categories
No Categories Removed
9779 - Utility Service Center Gate Replacements Addendum No: 1 (Published)
03/03/2023 09:56 AM MST Page 1 of 1
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ADDENDUM NO. 2
SPECIFICATIONS AND CONTRACT DOCUMENTS
Description of RFP 9779: Utility Service Center Gate Replacements
OPENING DATE: 3:00 PM (Our Clock) March 23, 2023
To all prospective bidders under the specifications and contract documents described above, the
following changes/additions are hereby made and detailed in the following sections of this
addendum:
1. A battery backup and inverter for two of the gates is being added to the following gates.
Three total are needed. The specification is attached. The Bid Submittal package has
been revised to add this line to the Bid Schedule. Please use the Bid Submittal
documents that say REVISED. It is also attached to this Addenda.
700-S Wood 2 each
701-S Wood 1 each
2. Bid dates are as follows:
• 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 23, 2023
3. Pre-Bid Attendance list is in the Communications tab.
Please contact Pat Johnson, CPPB, Senior Buyer at pjohnson@fcgov.com with any questions
regarding this addendum.
RECEIPT OF THIS ADDENDUM MUST BE ACKNOWLEDGED BY A WRITTEN STATEMENT
ENCLOSED WITH THE BID STATING THAT THIS ADDENDUM HAS BEEN RECEIVED.
Financial Services
Purchasing Division
215 N. Mason St. 2nd Floor
PO Box 580
Fort Collins, CO 80522
970.221.6775
970.221.6707
fcgov.com/purchasing
DocuSign Envelope ID: 875F80D0-DB78-429F-AD59-56B3F2F1FA49
REVISED PER ADDENDUM 2 3/6/2023
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.
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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
- 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.
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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.
IN WORDS:
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
per the attached specification. Each 1
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
AC Power Supply with HyInverter AC Each 3
TOTAL
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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
DocuSign Envelope ID: 875F80D0-DB78-429F-AD59-56B3F2F1FA49
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 ☐
Hazard Recognition and Control Y ☐ N ☐
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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:
Does your company maintain records of all safety training and certifications?
Y ☐ N ☐
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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.
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
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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.
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 $
DocuSign Envelope ID: 875F80D0-DB78-429F-AD59-56B3F2F1FA49
($ ) 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.
DocuSign Envelope ID: 875F80D0-DB78-429F-AD59-56B3F2F1FA49
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)
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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?
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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:
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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.
Company:
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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)
DocuSign Envelope ID: 875F80D0-DB78-429F-AD59-56B3F2F1FA49
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
DocuSign Envelope ID: 875F80D0-DB78-429F-AD59-56B3F2F1FA49
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:
DocuSign Envelope ID: 875F80D0-DB78-429F-AD59-56B3F2F1FA49
AC Power Supply with
HyInverter™ AC
LISTE D
USC
Contact HySecurity for an operator/parts distributor near you.
phone 253-867-3700 | 800-321-9947
hysecurity.com | sales@hysecurity.com
PN: 948109606 | D0635 121222
Back Up Your AC &
VFD Operators
Keep gates, doors or other
3000W devices running in the
event of AC power loss. The
HyInverter AC Charger offers backup
for operators that use AC power.
• VFD models up to 2 hp now have the option for
true Uninterruptible Power Supply (UPS)
• Retrofit existing installation sites that require UPS
• May be used with 1 hp motor driven equipment or
up to 2 hp motor driven equipment equipped with
soft-start controllers. May be used with resistive
loads up to 3000 W.
• Quick power transfer; occurs in 1/2 AC cycle
• Pure sine wave output
• May be installed anywhere on the branch circuit
from panel to protected device
CONTROL PANEL
2 line 16 character OLED
display communicates to
Smart Touch Controller via
ModBus RTU and
RS-485 cable
AGM BATTERIES
4 each; 12VDC 110Ah
FOOTMAN LOOPS
For lifting unit in conjunction
with supplied strap
EXHAUST FAN
(temperature controlled)
INVERTER/
CHARGER UNIT
HEATING ELEMENTS
underneath both battery
shelves (temperature
controlled)
FOOTMAN LOOPS
21
Model HyInverter ACOperatorsHydraSwing; SlideDriver 15, 40, 50VF2/3; StrongArm; StrongArm M30/M50; SwingRiser (single leaf models)Duty Cycle See operator*Input Power 208-230VAC, single phase, 60/50Hz switch selectableOutput Power 230V 60Hz or 220V 50Hz, 3000VASurge Power 6000VA, 10 seconds
Batteries 4 AGM batteries for extended cycles. 110Ah, 12VDC each; 5200 Wh
AC Loss Signal Dry contact output to report power failure to gate operator (50mA, 0-36VDC)
Recharge Fast: Minimum 6 hour recharge; 12 hours for high cycle applications
Temperature Rating -40° to 122°F (-40° to 50°C) Heater and fan automatically adjust cabinet temperature for optimal battery life
Humidity 5% to 95% relative humidity, non-condensing
Communication Modbus RTU via RS-485
User Controls Programmable with Smart Touch Controller
Charger Smart charge system conditions batteries
Retrofi t Easy. Same fi t and fi nish as existing AC powered operator
Enclosure NEMA 3R. Footman loops for lifting. Heater and fan automatically adjust cabinet temperature for optimal battery life.
ETL Listed UL 1778
Warranty 2 year (system and electronics), 1 year battery
* The operator’s normal duty cycle and the actual number of combined cycles available from batteries depends upon wedge plate weight, number of batteries,
state of charge and health, ambient temperature, accessory power draw and frequency of gate cycles during power outage.
AC Power Supply with HyInverter™ AC
Model HyInverter AC
Operators
HydraSwing; SlideDriver 15, 40, 50VF2/3; StrongArm;
StrongArm M30/M50;
SwingRiser (single leaf models)
Duty Cycle See operator
Input Power 208-230VAC, single phase, 60/50Hz switch selectable
Output Power 230V 60Hz or 220V 50Hz, 3000VA
Surge Power 6000VA, 10 seconds
Batteries 4 AGM batteries for extended cycles. 110Ah, 12VDC
each; 5200 Wh
AC Loss Signal Dry contact output to report power failure to gate
operator (50mA, 0-36VDC)
Recharge Fast: Minimum 6 hour recharge; 12 hours for high cycle
applications
Temperature
Rating
-40° to 122°F (-40° to 50°C) Heater and fan
automatically adjust cabinet temperature for optimal
battery life
Humidity 5% to 95% relative humidity, non-condensing
Communication Modbus RTU via RS-485
User Controls Programmable with Smart Touch Controller
Charger Smart charge system conditions batteries
Retrofi t Easy. Same fi t and fi nish as existing AC powered
operator
Enclosure
NEMA 3R. Footman loops for lifting. Heater and fan
automatically adjust cabinet temperature for optimal
battery life.
ETL Listed UL 1778
Warranty 2 year (system and electronics), 1 year battery
Cutsheet version
AC Power Supply with HyInverter™ AC
a Nice company
DocuSign Envelope ID: 875F80D0-DB78-429F-AD59-56B3F2F1FA49
1
ADDENDUM NO. 3
SPECIFICATIONS AND CONTRACT DOCUMENTS
Description of RFP 9779: Utility Service Center Gate Replacements
OPENING DATE: 3:00 PM (Our Clock) March 23, 2023
To all prospective bidders under the specifications and contract documents described above, the
following changes/additions are hereby made and detailed in the following sections of this
addendum:
Bid Schedule, Items 701-N and 701-S are to be changed to Double Track. The Bid
Submittal form has been updated. Please use the updated version that is attached.
Please contact Pat Johnson, CPPB, Senior Buyer at pjohnson@fcgov.com with any questions
regarding this addendum.
RECEIPT OF THIS ADDENDUM MUST BE ACKNOWLEDGED BY A WRITTEN STATEMENT
ENCLOSED WITH THE BID STATING THAT THIS ADDENDUM HAS BEEN RECEIVED.
Financial Services
Purchasing Division
215 N. Mason St. 2nd Floor
PO Box 580
Fort Collins, CO 80522
970.221.6775
970.221.6707
fcgov.com/purchasing
DocuSign Envelope ID: 875F80D0-DB78-429F-AD59-56B3F2F1FA49
2
REVISED PER ADDENDUM 3 3/16/2023
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.
DocuSign Envelope ID: 875F80D0-DB78-429F-AD59-56B3F2F1FA49
3
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
- 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.
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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.
TOTAL IN WORDS:
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, Double
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, Double
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-P
Gate, Employee, w/ Aluminum mesh infill,
to include the installation of (2) new posts
for access control integration, closure, and
hinging. Each 1
AC Power Supply with HyInverter AC Each 3
TOTAL
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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
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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 ☐
Hazard Recognition and Control Y ☐ N ☐
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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:
Does your company maintain records of all safety training and certifications?
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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.
Provide the number of injuries and illnesses recorded (OSHA 300 log or equivalent) in the
previous 3 years:
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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.
SECTION 00410
BID BOND
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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.
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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)
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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?
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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:
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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.
Company:
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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)
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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
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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:
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REVISED PER ADDENDUM 3 3/16/2023
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.
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PROPOSAL/CONTRACT
Black Eagle Fence Inc.
5441 Boeing Dr., Suite 1B
Loveland, CO 80538
970-667-1228
blackeaglefence.com
QUOTATION:
CUSTOMER:
COFC
Ft Collins CO
DATE: 03/30/2023
JOB LOCATION:
Wood Street Complex
700 Wood Street
Ft Collins Co
BLACK EAGLE FENCE AGREES TO PROVIDE MATERIALS AND LABOR FOR THE FOLLOWING:
Remove and recycle - 2-40 gates, 1 - 30' gate and 4-16' gates.
701 Wood St: Install 2 - 40 x 6 Pro Access aluminum double track gates with aluminum mesh infill on new 4" posts frames set in concrete. Install
HySecurity SlideDriver 15's with AC power and Extreme drive.
2 each @ $60,570.00 = $121,140.00
700 Wood St: North & South entry gates.
Install 4 - 16 x 6 + 1 Pro Access aluminum single track gates with aluminum mesh infill on existing posts. Install HySecurity SlideDriver 15's with
AC power and Extreme drive.
4 each @ $20,600.00 = $82,400.00
East gate: install 30 x 6+1 Pro Access aluminum single track gate with aluminum mesh infill on existing posts. Install HySecurity SlideDriver 15
with AC power and extreme drive.
1 each @ $42,230.00 = $42,230.00
Install 3 - HySecurity UPS power supply units.
3 each @ 16,995.00 = $50,985.00
Install 1 - 4 x 6 aluminum walk gate with mesh infill(matches new gates).
1 each @ 3090.00
Includes 3% bond costs.
All gate operators includes steel base riser for operator mounting.
* all gates have photo eyes and contact edges as required for safety.
*** all existing loops will be tested and reused if ok. If loop need s to be replaced additional charges will be charged at T & M rates.
Gate systems will be installed by Certified Gate Automation Technicians.
NOTES:
Page 1 of 2
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TERMS & CONDITIONS
Black Eagle Fence Inc. agrees to guarantee above fence to be free from defects in materials and workmanship for one year.
Black Eagle Fence Inc. shall advise the customer as to local zoning regulations but responsibility for complying with said regulations and
obtaining any required permits shall rest with the customer. Black Eagle Fence Inc. will assist the customer, upon request, in determining where
the fence is to be erected, but under no circumstance does Black Eagle Fence Inc. assume any responsibility concerning property lines or in any
way guarantee their accuracy. If property pins cannot be located it is recommended that the customer have the property surveyed.
Black Eagle Fence Inc. will assume the responsibility for having underground public utilities located and marked. However, Black Eagle Fence
Inc. assumes no responsibility for unmarked sprinkler lines, or any other unmarked buried lines or objects. The customer will assume all liability
for any damage caused by directing Black Eagle Fence Inc. to dig in the immediate vicinity of known utilities. The customer will assume full
financial and legal liability for property pins, boundaries, easements, right of ways, and subdivision covenants.
The final billing will be based on the actual footage of fencing built and the work performed. Partial billing for materials delivered to the job site
and work completed may be sent at weekly intervals. Adjustments for material used on this job and adjustments for labor will be charged or
credited at the currently established rates. Additional charges for any extra work not covered in this contract that was requested by the customer
will also be added. The full amount of this contract along with any additional charges will become payable upon completion of all work whether or
Subtotal .................................$299845.00
Tax ...........................................$0.00
Grand Total .........................$299845.00
Down Payment ........................$
BALANCE DUE ..........$299845.00
not it has been invoiced.
A finance charge of 1 1/2% per month (or a minimum of $1.00), which is an annual percentage rate of 18%, shall be applied to accounts that are
not paid within 10 days after completion of any work invoiced. All materials will remain the property of Black Eagle Fence Inc. until all invoices
pertaining to this job are paid in full. The customer agrees to pay all interest and any costs incurred in the collection of this debt.
Page 2 of 2
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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
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SECTION 00510
NOTICE OF AWARD
DATE: May 5, 2023
TO: Black Eagle Fence
PROJECT: 9779 UTILITY SERVICE CENTER GATE REPLACEMENTS
OWNER: CITY OF FORT COLLINS, a Colorado municipal corporation (hereinafter referred to as
"the OWNER")
CONTRACTOR is hereby notified that your Bid dated March 22, 2023 for the above project has
been considered. CONTRACTOR is the apparent successful Bidder and has been awarded an
Agreement for 9779 Utility Service Center Gate Replacements.
The Price of the Agreement is two hundred ninety-nine, eight hundred forty-five dollars
($299,845).
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 May 22, 2023.
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
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SECTION 00520
AGREEMENT
THIS AGREEMENT is dated as of the 5th day of May in the year of 2023 and shall be effective
on the date this AGREEMENT is signed by the City.
The City of Fort Collins (a Colorado municipal corporation, hereinafter
called OWNER, or CITY) and
Black Eagle Fence (a Colorado corporation, 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 Utility Service Center Gate
Replacements.
ARTICLE 2. CHANGE ORDERS
The OWNER, 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 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.
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2) Final Payment and Acceptance: After Substantial Completion, five
hundred dollars ($500) for each calendar day or fraction thereof after
thirty (30) days after Substantial Completion until the Work is ready for
Final Payment and Acceptance.
ARTICLE 4. CONTRACT PRICE
4.1 OWNER shall pay CONTRACTOR for performance of the Work in accordance with
the Contract Documents as follows: two hundred ninety-nine, eight hundred forty-
five dollars ($299,845), 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. 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 Agreement. In the
event a service is requested that is not stated in the Agreement, the
Contractor and the City will negotiate an appropriate unit price for the
service prior to the Contractor initiating such work. The City is exempt from
sales and use tax. The City’s Certificate of Exemption license number is
09804502. A copy of the license is available upon written request.
The OWNER 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
DocuSign Envelope ID: 875F80D0-DB78-429F-AD59-56B3F2F1FA49
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.
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 itself with the nature and extent of the Contract
Documents, Work, site, locality, local conditions, and all applicable Laws and
Regulations that in any manner may affect cost, progress, performance or
furnishing of the Work.
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
DocuSign Envelope ID: 875F80D0-DB78-429F-AD59-56B3F2F1FA49
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
00400 Safety Form
00410 Bid Bond
00420 Statements of Bidders Qualifications
00430 Schedule of Subcontractors
Acknowledgement
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 Release
00660 Consent of SURETY
00955 Work Change Directive
00960 Application for Payment
7.3 Specifications as follows:
SlideDriver specification and photo of aluminum mesh, consisting of three (3)
pages
7.4. Addenda Numbers 1 to 3, 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.
DocuSign Envelope ID: 875F80D0-DB78-429F-AD59-56B3F2F1FA49
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
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:
Black Eagle Fence
Attn: Randy Peck
PO Box 295
Loveland, CO 80539
randy@blackeaglefence.co
m
City of Fort Collins
Attn: DeEtta Carr
PO Box 580
Fort Collins, CO 80522
dcarr@fcgov.com
City of Fort Collins
Attn: Purchasing Dept.
PO Box 580
Fort Collins, CO 80522
purchasing@fcgov.com
DocuSign Envelope ID: 875F80D0-DB78-429F-AD59-56B3F2F1FA49
OWNER: CITY OF FORT COLLINS CONTRACTOR: BLACK EAGLE FENCE
By: By:
Gerry Paul, Purchasing Director
Date:
PRINTED
Title:
Attest: Date:
(CORPORATE SEAL)
Approved as to Form
Attest:
DocuSign Envelope ID: 875F80D0-DB78-429F-AD59-56B3F2F1FA49
VP
Randy Peck
5/8/2023
Assistant City Attorney
5/8/2023
City Clerk
SECTION 00530
NOTICE TO PROCEED
Original Bid Number & Name: 9779 USC Gate Replacement
Description of Work:
To: Black Eagle Fence
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: Black Eagle Fence
By:
Title:
DocuSign Envelope ID: 875F80D0-DB78-429F-AD59-56B3F2F1FA49
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
DocuSign Envelope ID: 875F80D0-DB78-429F-AD59-56B3F2F1FA49
SECTION 00610
PERFORMANCE BOND
Bond No.
KNOW ALL PEOPLE BY THESE PRESENTS:
Black Eagle Fence
PO Box 295
Loveland, CO 80539
a Corporation, hereinafter referred to as the "PRINCIPAL" and
(Firm)
(Address)
hereinafter referred to as "the SURETY", are held and firmly bound unto City of Fort Collins, 300
Laporte Ave, Fort Collins, Colorado 80522, a home rule municipality, hereinafter referred to as
the "OWNER", in the penal sum of two hundred ninety-nine, eight hundred forty-five dollars
($299,845) 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 5th day of May in the year of 2023, a copy of
which is hereto attached and made a part hereof for the performance of the City of Fort Collins
Project, 9779 USC Gate Replacement.
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 hold 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.
DocuSign Envelope ID: 875F80D0-DB78-429F-AD59-56B3F2F1FA49
IN WITNESS WHEREOF, this instrument is executed this _____ day of _____ ____, 2023.
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
DocuSign Envelope ID: 875F80D0-DB78-429F-AD59-56B3F2F1FA49
SECTION 00615
PAYMENT BOND
Bond No.
KNOW ALL PEOPLE BY THESE PRESENTS: that
Black Eagle Fence
PO Box 295
Loveland, CO 80539
a Corporation hereinafter referred to as the "PRINCIPAL" and
(Firm)
(Address)
hereinafter referred to as "the SURETY", are held and firmly bound unto the City of Fort Collins,
300 Laporte Ave., Fort Collins, Colorado 80522 , a home rule municipality, a home rule
municipality, hereinafter referred to as "the OWNER", in the penal sum of two hundred ninety-
nine, eight hundred forty-five dollars ($299,845) 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 5th day of May in the year of 2023, a copy of
which is hereto attached and made a part hereof for the performance of the City of Fort Collins
Project, 9779 USC Gate Replacement.
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.
DocuSign Envelope ID: 875F80D0-DB78-429F-AD59-56B3F2F1FA49
IN WITNESS WHEREOF, this instrument is executed this _____ day of _____ ____, 2023.
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
DocuSign Envelope ID: 875F80D0-DB78-429F-AD59-56B3F2F1FA49
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.
DocuSign Envelope ID: 875F80D0-DB78-429F-AD59-56B3F2F1FA49
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:
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 ins urance.
DocuSign Envelope ID: 875F80D0-DB78-429F-AD59-56B3F2F1FA49
SECTION 00635
CERTIFICATE OF SUBSTANTIAL COMPLETION
TO: CITY OF FORT COLLINS (OWNER)
DATE OF SUBSTANTIAL COMPLETION: PROJECT TITLE: 9779 USC Gate
Replacement
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
DocuSign Envelope ID: 875F80D0-DB78-429F-AD59-56B3F2F1FA49
DATE
The OWNER accepts the Project or specified area of the Project as substantially complete and
will assume full possession of the Project or specified area of the Project at 12:01 a.m.,
on , 20 .
CITY OF FORT COLLINS, COLORADO By:
OWNER AUTHORIZED REPRESENTATIVE
DATE
DocuSign Envelope ID: 875F80D0-DB78-429F-AD59-56B3F2F1FA49
SECTION 00640
CERTIFICATE OF FINAL ACCEPTANCE AND COMPLETION
Month, day , 20
TO: Black Eagle Fence
You are hereby notified that on the day of , 20__, the City of
Fort Collins, Colorado, has accepted the Work completed by Black Eagle Fence for the City of
Fort Collins Project, 9779 USC Gate Replacement.
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:
DocuSign Envelope ID: 875F80D0-DB78-429F-AD59-56B3F2F1FA49
SECTION 00650
LIEN WAIVER RELEASE
(CONTRACTOR)
TO: City of Fort Collins, Colorado (OWNER)
FROM: Black Eagle Fence (CONTRACTOR)
PROJECT: 9779 USC Gate Replacement
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.
DocuSign Envelope ID: 875F80D0-DB78-429F-AD59-56B3F2F1FA49
Signed this date , day of month , 20 .
CONTRACTOR: Black Eagle Fence
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)
DocuSign Envelope ID: 875F80D0-DB78-429F-AD59-56B3F2F1FA49
SECTION 00660
CONSENT OF SURETY
TO: City of Fort Collins, Colorado (hereinafter referred to as the "OWNER")
CONTRACTOR: Black Eagle Fence
PROJECT: 9779 USC Gate Replacement
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)
DocuSign Envelope ID: 875F80D0-DB78-429F-AD59-56B3F2F1FA49
SECTION 00670
APPLICATION FOR EXEMPTION CERTIFICATE
DocuSign Envelope ID: 875F80D0-DB78-429F-AD59-56B3F2F1FA49
DocuSign Envelope ID: 875F80D0-DB78-429F-AD59-56B3F2F1FA49
DocuSign Envelope ID: 875F80D0-DB78-429F-AD59-56B3F2F1FA49
Section 00900
Addenda, Modifications, and Payment
00950 Contract Change Order
00955 Work Change Directive
00960 Application for Payment
DocuSign Envelope ID: 875F80D0-DB78-429F-AD59-56B3F2F1FA49
SECTION 00950
CHANGE ORDER NO.
PROJECT TITLE: 9779 USC Gate Replacement
CONTRACTOR: Black Eagle Fence
ORIGINAL BID NUMBER & NAME:
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 Price:
4. Change in Time:
ORIGINAL PRICE $ .00
TOTAL APPROVED CHANGE ORDER .00
TOTAL PENDING CHANGE ORDER .00
TOTAL THIS CHANGE ORDER .00
TOTAL % OF THIS CHANGE ORDER %
TOTAL C.O.% OF ORIGINAL PRICE %
ADJUSTED COST $ .00
CONTRACTOR: Black Eagle Fence
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)
DocuSign Envelope ID: 875F80D0-DB78-429F-AD59-56B3F2F1FA49
SECTION 00955
WORK CHANGE DIRECTIVE
A. GENERAL INFORMATION
This document was developed for use in situations involving changes in the Work which, if not
processed expeditiously, might delay the Project. These changes are often initiated in the field
and may affect the Contract Price or the Contract Times. This is not a Change Order, but only a
directive to proceed with the Work that may be included in a subsequent Change Order.
For supplemental instructions and minor changes not involving a change in the Contract Price or
the Contract Times a Field Order should be used.
B. COMPLETING THE WORK CHANGE DIRECTIVE FORM
Owner initiates the form, including a description of the items involved and attachments.
Based on conversations between the Owner and Contractor, Owner completes the following:
METHOD OF DETERMINING CHANGE, IF ANY, IN CONTRACT PRICE: Mark the
method to be used in determining the final cost of Work involved and the estimated net
effect on the Contract Price. If the change involves an increase in the Contract Price and
the estimated amount is approached before the additional or changed Work is completed,
another Work Change Directive must be issued to change the estimated price or
Contractor may stop the changed Work when the estimated time is reached. If the Work
Change Directive is not likely to change the Contract Price, the space for estimated
increase (decrease) should be marked “Not Applicable”.
Once authorized by Owner, a copy should be sent to Contractor. Price and Times may only be
changed by Change Order signed by Owner and Contractor.
A Change Order is to be initiated and processed to cover any undisputed sum or amount of time
for Work actually performed pursuant to this Work Change Directive.
Once the Work covered by this directive is completed or final cost and times are determ ined,
Contractor should submit documentation for inclusion in a Change Order.
IF THIS IS A DIRECTIVE TO PROCEED WITH A CHANGE THAT MAY AFFECT THE
CONTRACT PRICE OR CONTRACT TIMES. A CHANGE ORDER, IF ANY, SHOULD BE
CONSIDERED PROMPTLY.
DocuSign Envelope ID: 875F80D0-DB78-429F-AD59-56B3F2F1FA49
WORK CHANGE DIRECTIVE
NO.
PROJECT TITLE: 9779 USC Gate Replacement
CONTRACTOR: Black Eagle Fence
PO NUMBER:
You are directed to proceed promptly with the following change(s):
Description:
Purpose of Work Change Directive:
Attachments: (List documents supporting change)
If OWNER OR CONTRACTOR believe that the above change has affected Contract Price, any
Claim for a Change Order based thereon will involve one or more of the following methods as
defined in the Contract Documents.
Method of determining change in Contract Price:
Unit Prices
Lump Sum
Cost of the Work
Estimated increase (decrease) in Contract Price: $
If the change involves an increase, the estimated amount is not to be exceeded without further
authorization.
Estimated increase (decrease) in Contract Times: Substantial Completion: days; Ready for
Final Acceptance: days
REQUESTED:
Name
CONTRACTOR AUTHORIZED REPRESENTATIVE
DATE
RECOMMENDED:
AUTHORIZED REPRESENTATIVE
DATE
AUTHORIZED:
OWNER AUTHORIZED REPRESENTATIVE
DATE
DocuSign Envelope ID: 875F80D0-DB78-429F-AD59-56B3F2F1FA49
Section 00960
APPLICATION FOR PAYMENT PAGE 1 OF 4
OWNER: City of Fort Collins
PROJECT: 9779 USC Gate
Replacement APPLICATION NUMBER:
APPLICATION DATE:
PERIOD BEGINNING:
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:
DocuSign Envelope ID: 875F80D0-DB78-429F-AD59-56B3F2F1FA49
In accordance with the Contract Documents, based on site observations and the data comprising
the above Application, the ENGINEER certifies to the OWNER that the Work has progressed to the
point indicated; that to the best of its knowledge, information and belief, the quality of the Work is
generally in accordance with the Contract Documents, and that the CONTRACTOR is entitled to
payment of the amount requested herein subject to any set-offs set forth on the attached exhibit.
Payment of the above Amount Due This Application is recommended by the ENGINEER.
DocuSign Envelope ID: 875F80D0-DB78-429F-AD59-56B3F2F1FA49
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
DocuSign Envelope ID: 875F80D0-DB78-429F-AD59-56B3F2F1FA49
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
STORED MATERIALS
SUMMARY PAGE 4 OF 4
On Hand Received Installed On Hand
DocuSign Envelope ID: 875F80D0-DB78-429F-AD59-56B3F2F1FA49
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
DocuSign Envelope ID: 875F80D0-DB78-429F-AD59-56B3F2F1FA49
EXHIBIT A
SPECIFICATION
9779 Utility Service Center Gate Replacements Page 30 of 63
DocuSign Envelope ID: 875F80D0-DB78-429F-AD59-56B3F2F1FA49
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
DocuSign Envelope ID: 875F80D0-DB78-429F-AD59-56B3F2F1FA49
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
DocuSign Envelope ID: 875F80D0-DB78-429F-AD59-56B3F2F1FA49