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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 DocuSign Envelope ID: 875F80D0-DB78-429F-AD59-56B3F2F1FA49 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 DocuSign Envelope ID: 875F80D0-DB78-429F-AD59-56B3F2F1FA49 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. DocuSign Envelope ID: 875F80D0-DB78-429F-AD59-56B3F2F1FA49 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. DocuSign Envelope ID: 875F80D0-DB78-429F-AD59-56B3F2F1FA49 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 DocuSign Envelope ID: 875F80D0-DB78-429F-AD59-56B3F2F1FA49 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 ☐ DocuSign Envelope ID: 875F80D0-DB78-429F-AD59-56B3F2F1FA49 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 ☐ DocuSign Envelope ID: 875F80D0-DB78-429F-AD59-56B3F2F1FA49 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 DocuSign Envelope ID: 875F80D0-DB78-429F-AD59-56B3F2F1FA49 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) DocuSign Envelope ID: 875F80D0-DB78-429F-AD59-56B3F2F1FA49 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? DocuSign Envelope ID: 875F80D0-DB78-429F-AD59-56B3F2F1FA49 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: DocuSign Envelope ID: 875F80D0-DB78-429F-AD59-56B3F2F1FA49 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: DocuSign Envelope ID: 875F80D0-DB78-429F-AD59-56B3F2F1FA49 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. DocuSign Envelope ID: 875F80D0-DB78-429F-AD59-56B3F2F1FA49 4 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 DocuSign Envelope ID: 875F80D0-DB78-429F-AD59-56B3F2F1FA49 5 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 6 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 ☐ DocuSign Envelope ID: 875F80D0-DB78-429F-AD59-56B3F2F1FA49 7 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? DocuSign Envelope ID: 875F80D0-DB78-429F-AD59-56B3F2F1FA49 8 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: DocuSign Envelope ID: 875F80D0-DB78-429F-AD59-56B3F2F1FA49 9 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 DocuSign Envelope ID: 875F80D0-DB78-429F-AD59-56B3F2F1FA49 10 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. DocuSign Envelope ID: 875F80D0-DB78-429F-AD59-56B3F2F1FA49 11 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) DocuSign Envelope ID: 875F80D0-DB78-429F-AD59-56B3F2F1FA49 12 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? DocuSign Envelope ID: 875F80D0-DB78-429F-AD59-56B3F2F1FA49 13 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: DocuSign Envelope ID: 875F80D0-DB78-429F-AD59-56B3F2F1FA49 14 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: DocuSign Envelope ID: 875F80D0-DB78-429F-AD59-56B3F2F1FA49 15 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 16 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 17 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 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 DocuSign Envelope ID: 875F80D0-DB78-429F-AD59-56B3F2F1FA49 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 DocuSign Envelope ID: 875F80D0-DB78-429F-AD59-56B3F2F1FA49 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 DocuSign Envelope ID: 875F80D0-DB78-429F-AD59-56B3F2F1FA49 DocuSign Envelope ID: 875F80D0-DB78-429F-AD59-56B3F2F1FA49 DocuSign Envelope ID: 875F80D0-DB78-429F-AD59-56B3F2F1FA49 DocuSign Envelope ID: 875F80D0-DB78-429F-AD59-56B3F2F1FA49 DocuSign Envelope ID: 875F80D0-DB78-429F-AD59-56B3F2F1FA49 DocuSign Envelope ID: 875F80D0-DB78-429F-AD59-56B3F2F1FA49 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 DocuSign Envelope ID: 875F80D0-DB78-429F-AD59-56B3F2F1FA49 DocuSign Envelope ID: 875F80D0-DB78-429F-AD59-56B3F2F1FA49 DocuSign Envelope ID: 875F80D0-DB78-429F-AD59-56B3F2F1FA49 DocuSign Envelope ID: 875F80D0-DB78-429F-AD59-56B3F2F1FA49 DocuSign Envelope ID: 875F80D0-DB78-429F-AD59-56B3F2F1FA49 DocuSign Envelope ID: 875F80D0-DB78-429F-AD59-56B3F2F1FA49 DocuSign Envelope ID: 875F80D0-DB78-429F-AD59-56B3F2F1FA49 DocuSign Envelope ID: 875F80D0-DB78-429F-AD59-56B3F2F1FA49 DocuSign Envelope ID: 875F80D0-DB78-429F-AD59-56B3F2F1FA49 DocuSign Envelope ID: 875F80D0-DB78-429F-AD59-56B3F2F1FA49 DocuSign Envelope ID: 875F80D0-DB78-429F-AD59-56B3F2F1FA49 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 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 DocuSign Envelope ID: 875F80D0-DB78-429F-AD59-56B3F2F1FA49 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. DocuSign Envelope ID: 875F80D0-DB78-429F-AD59-56B3F2F1FA49 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