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HomeMy WebLinkAboutBID - 10085 Landscaping - Water Treatment Plant BID INFORMATION AND CONTRACT DOCUMENTS FOR LANDSCAPING – WATER TREATMENT PLANT BID NO. 10085 November 7, 2024 Financial Services Purchasing Division 215 N. Mason St. 2nd Floor PO Box 580 Fort Collins, CO 80522 970.221.6775 970.221.6707 fcgov.com/purchasing CONTRACT DOCUMENTS TABLE OF CONTENTS BID INFORMATION 00020 Invitation to Bid 00050 Scope of Work 00100 General Information 00300 Bid Form 00400 Supplements to Bid Forms 00410 Bid Bond 00420 Statements of Bidders Qualifications 00430 Schedule of Subcontractors 00440 Safety Form CONTRACT DOCUMENTS 00500 Contract Forms 00510 Notice of Award 00520 Contract 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 and Completion 00650 Lien Waiver Release (CONTRACTOR) 00660 Consent of Surety 00670 Application for Exemption Certificate CONDITIONS OF THE CONTRACT 00700 General Conditions 00800 Supplementary Conditions 00900 Addenda, Modifications, and Payment 00950 Contract Change Order 00955 Work Change Directive 00960 Application for Payment ADDITIONAL CONTRACT DOCUMENTS ATTACHMENT A – FC WTP 100% LANDSCAPING PLANS ATTACHMENT B – FCWTP IRRIGATION PLANS ATTACHMENT C – FORT COLLINS WTP XERISCAPE TECH SPECS BID SET ATTACHMENT D – CONTRACTOR REQUIREMENTS – WATER TREATMENT PLANT SECTION 00020 INVITATION TO BID BID DUE: 3:00 PM MT (MT RMEPS clock), December 4, 2024 As part of the City’s commitment to sustainability, sealed Bids must be submitted online through the Rocky Mountain E-Purchasing System (RMEPS) at http://bidnetdirect.com/colorado/city-of-fort-collins. Public Bid Opening: The Bid Opening will be conducted by video conference per the following information. At said place and time, and promptly thereafter, all Bids that have been duly received will be publicly opened and read aloud. To access the public Bid opening, please follow the link to join the Teams meeting: Join the meeting now Meeting ID: 262 607 376 066 Passcode: 5PDxzV The Contract Documents provide for the construction of Bid 10085 Landscaping – Water Treatment Plant. The Work This project is to re-landscape two areas around the front parking lot of the Fort Collins Water Treatment Facility. One area is currently primarily turf on a steep slope. The second area is turf already converted for low-water use. The project will require demolition of existing landscape to the extent necessary, then installation of rock retaining walls to create terraces, back fill of same, installation of specified trees, shrubs, and other plants, installation of drip irrigation, and installation of heavy rock mulch, all as specified in the plan provided. To the greatest extent possible, construction of terraces shall be accomplished by building up and backfilling, rather than cutting into the hillside. The areas to be landscaped have multiple underground utilities running through. The area is an access point for facility staff and managing vehicle and pedestrian traffic safely must be taken into consideration. The anticipated completion of the project is Spring 2025. A pre-bid conference and job walk with representatives of prospective Bidders will be held at 4:00 PM MT on November 19, 2024, at the Fort Collins Water Treatment Plant 4316 Laporte Ave., Fort Collins, CO 80521. High visibility vests are required for the job walk. Contractors will enter through the South gate entrance and park in the parking lot to the south of the Administrative Building by the West exit gate. All questions should be submitted, in writing via email, to Jake Rector, Senior Buyer at jrector@fcgov.com, no later than 3:00 PM MT on November 22, 2024. Please format your e- mail to include: Bid 10085 Landscaping – Water Treatment Plant in the subject line. Questions received after this deadline may not be answered. Responses to all questions submitted before the deadline will be addressed in an addendum and posted on RMEPS. The Contract Documents and Construction Drawings may be examined online at: http://www.bidnetdirect.com/colorado/city-of-fort-collins Bid Bond in the amount of not less than 5% of the total Bid must accompany each Bid in the form specified in the Instructions to Bidders. The successful Bidder will be required to furnish a Performance Bond and a Payment Bond guaranteeing faithful performance and the payment of all bills and obligations arising from the performance of the Contract. No Bid may be withdrawn within a period of ninety (90) days after the date fixed for opening Bids. The City reserves the right to reject any and all Bids, and to waive any informalities and irregularities therein. Prohibition of Unlawful Discrimination: The City, in accordance with the provisions of Title VI of the Civil Rights Act of 1964 (78 Stat. 252, 42 US.C. §§ 2000d to 2000d-4) and the Regulations, affirmatively ensures that for all contracts entered into with the City, disadvantaged business enterprises are afforded a full and fair opportunity to bid on the contract and are not to be discriminated against on the grounds of race, color, or national origin in consideration for an award. The Bidder acknowledges that the City, in accordance with the provisions of Title VI of the Civil Rights Act of 1964 (78 Stat. 252, 42 US.C. §§ 2000d to 2000d-4); Section §§24-34-401, et seq., C.R.S., and any associated State or Federal laws and regulations, strictly prohibits unlawful discrimination based on an individual’s gender (regardless of gender identity or gender expression), race, color, religion, creed, national origin, ancestry, age forty (40) years or older, marital status, disability, sexual orientation, genetic information, or other characteristics protected by law. Pursuant to City policy, sexual orientation means a person’s actual or perceived orientation toward heterosexuality, homosexuality, and bisexuality. The City also strictly prohibits unlawful harassment in the workplace, including sexual harassment. Further, the City strictly prohibits unlawful retaliation against a person who engages in protected activity. Protected activity includes an employee complaining that the employee has been discriminated against in violation of the above policy or participating in an employment discrimination proceeding. The City requires the Bidder to comply with the City’s policy for equal employment opportunity and to prohibit unlawful discrimination, harassment and retaliation. This requirement applies to all third-party subcontractors/subconsultants at every tier. Sales Prohibited/Conflict of Interest: No officer, employee, or member of City Council, shall have a financial interest in the sale to the City of any real or personal property, equipment, material, supplies or services where the officer or employee exercises directly or indirectly any decision-making authority concerning the sale or any supervisory authority over the services to be rendered. This rule also applies to subcontracts with the City. Soliciting or accepting any gift, gratuity favor, entertainment, kickback or any items of monetary value from any person who has or is seeking to do business with the City of Fort Collins is prohibited. Contractor Registration: The City requires new Contractors receiving awards from the City to submit IRS form W-9 and requires all Contractors to accept Direct Deposit (Electronic) payment. If needed, the W-9 form and the Vendor Direct Deposit Authorization Form can be found on the City’s Purchasing website at www.fcgov.com /purchasing under Vendor Reference Documents. Please do not submit these documents with your bid. Colorado Open Records Act: The City is a governmental entity subject to the Colorado Open Records Act, C.R.S. §§ 24-72-200.1 et seq. (“CORA”). Any Bid submitted hereunder is subject to public disclosure by the City pursuant to CORA and City ordinances. All submitted provisions and pricing of Bids, Bid Forms, and the awarded CONTRACT will be, without redaction, considered public records subject to disclosure under CORA. By responding to this Bid, Bidder hereby waives any and all claims against the City relating to CORA. Collusive or Sham Bid: Any Bid deemed to be collusive or a sham Bid will be rejected and reported to authorities. Bidder’s authorized signature on its Bid assures that the Bid is genuine and is not a collusive or sham Bid. City of Fort Collins Gerry Paul Purchasing Director SECTION 00050 SCOPE OF SERVICES This project is to re-landscape two areas around the front parking lot of the Fort Collins Water Treatment Facility. One area is currently primarily turf on a steep slope. The second area is turf already converted for low-water use. The project will require demolition of existing landscape to the extent necessary, then installation of rock retaining walls to create terraces, back fill of same, installation of specified trees, shrubs, and other plants, installation of drip irrigation, and installation of hea vy rock mulch, all as specified in the plan provided. To the greatest extent possible, construction of terraces shall be accomplished by building up and backfilling, rather than cutting into the hillside. The areas to be landscaped have multiple underground utilities running through. The area is an access point for facility staff and managing vehicle and pedestrian traffic safely must be taken into consideration. SECTION 00100 INSTRUCTIONS TO BIDDERS 1.0 DEFINED TERMS Terms used in these Instructions to Bidders which are defined in the Standard General Conditions of the Construction Contract (No. 1910-8, 1990 ed.) have the meanings assigned to them in the General Conditions. The term "Bidder" means one who submits a Bid to City (OWNER), as distinct from a sub-bidder, who submits a Bid to Bidder. The term "Successful Bidder" means the lowest, qualified, responsible and responsive Bidder to whom OWNER (on basis of OWNER's evaluation as hereinafter provided) makes an award. The Successful Bidder becomes the CONTRACTOR once awarded and the CONTRACT is fully executed. The term "Bidding Documents" includes the Advertisement or Invitation to Bid, Instructions to Bidders, the Bid Form, and the proposed CONTRACT Documents (including all Addenda issued before receipt of Bids). 2.0 COPIES OF BIDDING DOCUMENTS 2.1. Complete sets of Bidding Documents may be obtained as stated in the Invitation to Bid. No partial sets will be issued. The Bidding Documents may be examined at the locations identified in the Invitation to Bid. 2.2. Complete sets of Bidding Documents shall be used in preparing Bids; neither OWNER nor ENGINEER assumes any responsibility for errors or misinterpretations resulting from the use of incomplete sets of Bidding Documents. 2.3. The submitted Bid shall include Sections 00300 and 00400, fully executed. 2.4. OWNER and ENGINEER, in making copies of Bidding Documents available on the above terms, do so only for the purpose of obtaining Bids on the Work and do not confer a license or grant for any other use. 3.0 QUALIFICATION OF BIDDERS 3.1 To demonstrate qualifications to perform the Work, each Bidder must submit at the time of the Bid Opening, a written statement of qualifications provided in Section 00420. As applicable, Bidder must possess all required state and local licenses. 3.2. In accordance with Section 8-160 of the Code of the City of Fort Collins in determining whether a Bidder is responsible, the following shall be considered: (1) The ability, capacity and skill of the Bidder to perform the CONTRACT or provide the services required, (2) whether the Bidder can perform the contract or provide the service promptly and within the time specified without delay or interference, (3) the character, integrity, reputation, judgment, experience and efficiency of the Bidder, (4) the quality of the Bidder's performance of previous contracts or services, (5) the previous and existing compliance by the Bidder with laws and ordinances relating to the contract or service, (6) the sufficiency of the financial resources and ability of the Bidder to perform the contract or provide the service, (7) the quality, availability and adaptability of the materials and services to the particular use required, (8) the ability of the Bidder to provide future maintenance and service for the use of the subject of the contract, and (9) any other circumstances which will affect the Bidder's performance of the contract. 3.3. Each Bidder may be required to show that any Work previously performed by the Bidder has no claims pending against such Work. No Bid will be accepted from a Bidder who is engaged on any other Work which would impair its ability to perform or finance this Work. 3.4 No Bidder shall be in default on the performance of any other contract with the City or in the payment of any taxes, licenses or other monies due to the City. 4.0 EXAMINATION OF CONTRACT DOCUMENTS AND SITE 4.1. It is the responsibility of each Bidder, before submitting a Bid, to (a) examine the CONTRACT Documents thoroughly, (b) visit the site to familiarize itself with local conditions that may in any manner affect cost, progress or performance of the Work, (c) familiarize itself with federal, state and local laws, ordinances, rules and regulations that may in any manner affect cost, progress or performance of the Work, (d) study and carefully correlate Bidder's observations with the CONTRACT Documents, and (e) notify City in accordance with Section 00020 of all conflicts, errors or discrepancies in the Bid and CONTRACT Documents. 4.2. The submission of a Bid will constitute an incontrovertible representation by Bidder that Bidder has complied with every requirement of this Article 4, that without exception the Bid is premised upon performing and furnishing the Work required by the CONTRACT Documents and the means, methods, techniques, sequences or procedures of construction as may be indicated in or required by the CONTRACT Documents, and that the CONTRACT Documents are sufficient in scope and detail to indicate and convey understanding of all terms and conditions for performance and furnishing of the Work. 5.0 INTERPRETATIONS AND ADDENDA. 5.1. All questions about the meaning or intent of the Bidding Documents are to be submitted in writing to the City in accordance with Section 00020. Interpretation or clarifications considered necessary in response to the questions will be issued only by Addenda. Only questions answered by formal written Addenda will be binding. Oral and other interpretations or clarifications will be without legal effect. 5.2. All questions concerning the scope of this project and submittal of Bids should be directed to the City of Fort Collins' Purchasing Division. 5.3. Addenda may also be issued to modify the Bidding Documents as deemed advisable by City. 5.4. Responses to all questions submitted before the deadline will be addressed in an addendum and posted on the Rocky Mountain E-Purchasing System webpage. 6.0 BID BOND 6.1. Each Bid must be accompanied by Bid Bond in an amount no less than five (5) percent of the Bid. The Bid Bond must be executed by a SURETY meeting the requirements of the General Conditions for surety bonds. If a SURETY does not issue electronic Bid Bonds, a scanned copy of the Bid Bond must be submitted electronically through Rocky Mountain E-Purchasing System at the time of bidding, and the hard copy Bid Bond must be mailed to the Purchasing Department at PO Box 580, Fort Collins CO 80522 and received by OWNER prior to CONTRACT execution. 6.2. If the successful Bidder fails to execute and deliver the CONTRACT and furnish the required Payment and Performance Bonds within 15 days of the Notice of Award, City may annul the Notice of Award and the Bid Bond of that Bidder will be forfeited. The Bid Bond of other Bidders whom City believes to have reasonable chance receiving the award may be retained by City until the earlier of the seventh day after the effective date of the CONTRACT or sixty (60) days after the Bid Opening, whereupon Bid Bond furnished by the Bidders will be returned. Bid Bonds with Bids which are not competitive will be returned. 7.0 CONTRACT TIME The number of days within which, or the date by which the Work is to reach Substantial Completion and also completed and ready for Final Payment (the CONTRACT Times) are set forth in the CONTRACT. 8.0 LIQUIDATED DAMAGES Provisions for liquidated damages are set forth in Section 00520. 9.0 SUBSTITUTE ("OR EQUAL") MATERIAL AND EQUIPMENT The CONTRACT, if awarded, will be on the basis of material and equipment described on the Drawings or specified in the Specifications without consideration of possible substitute or "or equal" items. Whenever it is indicated on the Drawings or specified in the Specifications that a substitute or "or equal" item of material or equipment may be furnished or used by CONTRACTOR if acceptable to ENGINEER, application for acceptance will not be considered by ENGINEER until after the "effective date of the CONTRACT". The procedure for submittal of any application by CONTRACTOR and consideration by ENGINEER is set forth in the General Conditions which may be further defined in the Supplementary Conditions. 10.0 SUBCONTRACTORS, SUPPLIERS AND OTHERS 10.1. Each Bidder shall submit at the Bid opening to OWNER a list of principal subcontractors proposed for use in the Work. Refer to Section 00430 contained within the CONTRACT Documents. The Bidder may only use the subcontractors stated in Section 00430 except in the event that the OWNER requires a change in accordance with Section 10.2 below. Should the Bidder request a change to the subcontractor list, OWNER approval shall be required. Proposed subcontractor/supplier qualifications and references may be requested to be submitted within three (3) business days after Bid Opening. Subcontractor/supplier responsibility will be determined in accordance with Section 8-160 of the Code of the City of Fort Collins. 10.2. If OWNER or ENGINEER after due investigation has reasonable objection to any proposed Subcontractor, either may, before the Notice of Award is given, request the apparent successful Bidder to submit an acceptable substitute without an increase in Bid price. If the apparent successful Bidder declines to make any substitution, OWNER may award the contract to the next lowest responsive and responsible Bidder that proposes to use acceptable subcontractors. Subcontractors, suppliers, other persons or organization listed and to whom OWNER or ENGINEER does not make written objection before the giving of the Notice of Award will be deemed acceptable to OWNER and ENGINEER subject to revocation of the acceptance after the effective date of the CONTRACT as provided in the General Conditions. 11.0 BID FORM 11.1. A copy of the Bid Form will be posted at http://www.bidnetdirect.com/colorado/city- of-fort-collins. 11.2. Bid Forms must be complete in ink or typed. All lump sum prices on the form must be stated in words and numerals; in case of conflict, words will take precedence. Unit prices shall govern over extensions of sums. Discrepancies between the indicated sum of any column of figures and the correct sum thereof will be resolved in favor of the correct sum. In the event that there are unit price items in a Bid Schedule and the "extended amount" indicated for a unit price of a Bid item does not equal the product of the unit price and quantity listed, the unit price shall govern, and the extended amount will be corrected accordingly. If there is more than one Bid item in a Bid Schedule, and the total indicated for the schedule does not agree with the sum of prices of the individual Bid items, the prices listed for the individual items shall govern and the total for the schedule will be corrected accordingly. The Contractor will be bound by said corrections. 11.3. Bids by corporations must be executed in the corporate name by the president or a vice-president (or other appropriate officer accompanied by evidence of authority to sign) and the corporate seal shall be affixed and attested by the secretary or an assistant secretary. The corporate address and state of incorporation shall be shown below the corporate name. 11.4. Bids by partnerships must be executed in the partnership name and signed by a partner, the title must appear under signature and the official address of the partnership must be shown below the signature. 11.5. Bids by joint venture shall be signed by each participant in the joint venture or by an authorized agent of each participant. The full name of each person or company interested in the Bid shall be listed on the Bid Form. 11.6. The Bid shall contain an acknowledgement of receipt of all Addenda (the numbers of which must be filled in on the Bid Form). 11.7. No alterations in Bids, or in the printed forms therefore, by erasures, interpolations, or otherwise will be acceptable unless each alteration is signed or initialed by the Bidder; if initialed, OWNER may require the Bidder to identify any alteration so initialed. 12.0 BID PRICING Bids must be priced as set forth in the Bid Schedule or Schedules. 13.0 SUBMISSION OF BIDS 13.1. Bids shall be submitted before the time and date stated in the Bid Documents or any extension thereof made by addendum, electronically using Rocky Mountain E- Purchasing System at the time and place indicated in the Invitation to Bid and accompanied by the documents identified as required in Sections 00300 & 00400. Bids received after the time and date for receipt of Bids will not be accepted. Bidder shall assume full responsibility for timely delivery at the location designated for receipt of Bids. 13.3. Oral, telephonic, telegraphic, physically mailed or delivered or facsimile Bids are invalid and will not receive consideration. 13.4. No Bidder may submit more than one Bid. Multiple Bids under different names will not be accepted from one firm or association. 14.0 MODIFICATION AND WITHDRAWAL OF BIDS 14.1. Bids may be modified or withdrawn at any time before the opening of Bids on RMEPS. 14.2. Withdrawn Bids may be resubmitted up to the time designated for the receipt of Bids provided that they are then fully in conformance with these Instructions to Bidders. 15.0 BID OPENING Bids will be opened and read aloud publicly as indicated in the Invitation to Bid. A Bid Tally of the amounts of the Base Bids and major alternates (if any) will be made available on RMEPS after the opening of Bids. 16.0 BIDS TO REMAIN OPEN SUBJECT TO ACCEPTANCE All Bids shall remain open for forty-five (45) days after the day of the Bid Opening, but OWNER may, in his sole discretion, release any Bid before that date. 17.0 AWARD OF CONTRACT 17.1. OWNER reserves the right to reject any and all Bids, to waive any and all informalities not involving price, time or changes in the Work, to negotiate contract terms with the Successful Bidder, and the right to disregard all nonconforming, nonresponsive, unbalanced or conditional Bids. Also, OWNER reserves the right to reject the Bid of any Bidder if OWNER believes that it would not be in the best interest of the Project to make an award to that Bidder, whether because the Bid is not responsive, or the Bidder is unqualified or of doubtful financial ability or fails to meet any other pertinent standard or criteria established by OWNER. 17.2. In evaluating Bids, OWNER will consider the qualifications of the Bidders, whether or not the Bids comply with the prescribed requirements, and the alternates, unit prices and other data, as may be requested in the Bid Form or before the Notice of Award. 17.3. OWNER may consider the qualification and experience of Subcontractors, Suppliers, and other persons and organizations proposed for those portions of the Work as to which the identity of Subcontractors, Suppliers, and other persons and organizations is submitted as requested by OWNER. OWNER also may consider the operating costs, maintenance requirements, performance data and guarantees of major items of materials and equipment proposed for incorporation in the Work when such data is required to be submitted before the Notice of Award. 17.4. OWNER may conduct investigations as OWNER deems necessary to assist in the evaluation of any Bid and to establish the responsibility, qualifications and financial ability of the Bidder's proposed Subcontractors, Suppliers and other persons and organizations to do the Work in accordance with the CONTRACT Documents to OWNER's satisfaction within the prescribed time. 17.5. If the CONTRACT is to be awarded, it will be awarded to the lowest responsive and responsible Bidder whose evaluation by OWNER indicates to OWNER that the award will be in the best interest of the OWNER. The basis for award shall be as noted in Section 00300. Only one contract will be awarded. 17.6. If the CONTRACT is to be awarded, OWNER will give the Successful Bidder a Notice of Award within sixty (60) days after the date of the Bid opening, or a mutually agreed upon date. 18.0 PERFORMANCE & PAYMENT BONDS The General Conditions and the Supplementary Conditions set forth OWNER's requirements as to Performance and Payment Bonds. When the awarded CONTRACTOR delivers the executed CONTRACT to the OWNER, it shall be accompanied by the required contract bonds. 19.0 SIGNING OF CONTRACT When OWNER gives a Notice of Award to the awarded CONTRACTOR it will be accompanied by the CONTRACT with all other written CONTRACT Documents attached. Within fifteen (15) days thereafter, CONTRACTOR shall sign and deliver the CONTRACT and attached documents to OWNER with the required Bonds. Within ten (10) days thereafter, OWNER shall deliver the executed CONTRACT to CONTRACTOR. 20.0 TAXES OWNER is exempt from Colorado State Sales and Use Tax as applicable. Said taxes shall not be included in the CONTRACT Price. 21.0 RETAINAGE Provisions concerning retainage are set forth in the CONTRACT. 22.0 PURCHASING RESTRICTIONS. Purchasing restrictions: The Bidder's authorized signature of this Bid assures the Bidder's compliance with the City's purchasing restrictions. A copy of the resolutions is available for review in the Purchasing Division or the City Clerk's office. A. Cement Restrictions: City of Fort Collins Resolution 91-121 requires that suppliers and producers of cement or products containing cement to certify that the cement was not made in cement kilns that burn hazardous waste as a fuel. 23.0 BID RESULTS Bid results will be posted at http://www.bidnetdirect.com/colorado/city-of-fort-collins. 24.0 SCHEDULE The anticipated schedule for this project is as follows: Item Dates Bid Issue Date November 7, 2024 Pre Bid Job Walk 4:00 PM MT November 19, 2024 Deadline for questions 3:00PM MT November 22, 2024 Bid Due 3:00PM MT, December 4, 2024 Tentative start date Spring 2025 Tentative project completion date Spring 2025 END OF SECTION SECTION 00300 BID FORM SECTION 00300 BID FORM PROJECT: 10085 Landscaping – Water Treatment Plant 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. The undersigned Bidder agrees to execute the CONTRACT and a Performance Bond and a Payment Bond for the amount of the total of this Bid within fifteen (15) calendar days from the date when the written Notice of Award is delivered to the address given on this Bid. The name and address of the corporate SURETY with which the Bidder proposes to furnish the specified Performance and Payment Bonds is as follows: 5. All the various phases of Work enumerated in the CONTRACT Documents with their individual jobs and overhead, whether specifically mentioned, included by implication or appurtenant thereto, are to be performed by the CONTRACTOR under one of the items listed in the Bid Schedule, irrespective of whether it is named in the 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. COLORADO OPEN RECORDS ACT The undersigned Bidder acknowledges that the City is a governmental entity subject to the Colorado Open Records Act, C.R.S. §§ 24-72-200.1 et seq. (“CORA”). Any bids submitted hereunder is subject to public disclosure by the City pursuant to CORA and City ordinances. All provisions and pricing of submitted bids, Bid Forms, and the awarded contract will be, without redaction, considered public records subject to disclosure under CORA. By responding to this Bid, Contractor hereby waives any and all claims against the City relating to CORA. 9. 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 00440) 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. This Bid Schedule has also been uploaded to RMEPS as a separate Microsoft Excel document titled 10085 BID SCHEDULE. Description Quantity Unit Unit Cost Total Cost Additional Notes Landscaping Site Clearing - Sod Removal 7033 SF $ - Site Clearing - Cobble/Misc Removal 2857 SF $ - Site Clearing - CMU Block Wall Removal 65 LF $ - Earthwork / Wall Backfill 1 LS $ - Boulder Retaining Wall w/ Drain 125 LF $ - Boulders - Outcroppings (Blocky) 82 EA $ - Rock Mulch - VL Riprap Buff w/ 1- 1/2" Cherokee 7100 SF $ - Shrub Bed Edge - Steel 309 LF $ - Native Turf Seed w/ erosion control blanket 1851 SF $ - Evergreen Tree, 4'' ht B&B 2 EA $ - Evergreen Tree, 6' ht B&B 8 EA $ - Deciduous Tree, 6' ht B&B (or 1.5" cal) 2 EA $ - Shrubs, #5 Container 144 EA $ - Shrubs, #1 Container 51 EA $ - Perennials & Grasses, #1 Container 132 EA $ - Subtotal Landscaping $ - Subtotal Irrigation (Aqua Engr) Combined Subtotal $ - Mobilization & General Conditions 10% Contingency Total $ - BASE BID IN WORDS:_______________________________________________ PROPOSED FINAL COMPLETION DATE: ____________________________ 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 before award or during Construction at their sole discretion without affecting the CONTRACT or prices of any item so long as the deletion or change does not exceed twenty-five percent (25%) of the total CONTRACT Price. RESPECTFULLY SUBMITTED: Legal Firm Name: Physical Address: Remit to Address: Phone: 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 SECTION 00400 SUPPLEMENTS TO BID FORMS 00410 Bid Bond 00420 Statement of Bidder's Qualifications 00430 Schedule of Subcontractors 00440 Safety Form SECTION 00410 BID BOND KNOW ALL PEOPLE BY THESE PRESENTS: that we, the undersigned as PRINCIPAL, and , as SURETY, are hereby held and firmly bound unto the City of Fort Collins, Colorado, as OWNER, in the sum of ($ ) for the payment of which, well and truly to be made, we hereby jointly and severally bind ourselves, successors, and assigns. THE CONDITION of this obligation is such that whereas the PRINCIPAL has submitted to the City of Fort Collins, Colorado the accompanying Bid and hereby made a part hereof to enter into a Construction CONTRACT for the construction of Fort Collins Project, 10085 Landscaping – Water Treatment Plant. 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 the CONTRACT, and for payment of all persons performing labor or furnishing materials in connection therewith, and shall in all other respects perform the CONTRACT 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 the SURETY and its BOND shall be in no way impaired or affected by any extension of the time within which the OWNER may accept the Bid; and the SURETY does hereby waive notice of any extension. SURETY Companies executing bonds must be authorized to transact business in the State of Colorado and be accepted by the OWNER. IN WITNESS WHEREOF, the PRINCIPAL and the SURETY have hereunto set their hands and seals this day of , 20 , and such of them as are corporations have caused their corporate seals to be hereto affixed and these presents to be signed by their proper officers, the day and year first set forth above. PRINCIPAL SURETY Name: Address: By: By: Title: Title: ATTEST: By: (SEAL) (SEAL) SECTION 00420 STATEMENT OF BIDDER'S QUALIFICATIONS All questions must be answered, and the data given must be clear and comprehensive. This statement must be notarized. If necessary, questions may be answered on separate attached sheets. The Bidder may submit any additional information if needed. 1. Name of Bidder: 2. When was Bidder’s firm organized: 3. If your firm is a corporation, where is the firm incorporated: 4. How many years has the firm been engaged in the contracting business under the present firm or trade name? 5. Provide a list of the contracts on hand: (list these, showing the amount of each contract and the appropriate anticipated dates of completion.) 6. What is the general character of Work performed by your company: 7. 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? 8. Has the firm ever defaulted on a contract? If so, where and why? 9. Is the firm debarred by any government agency? If yes, list agency name. 10. Provide the background and experience of the principal members of your organization, including officers: 11. Credit available: $ 12. Bank Reference: 13. Will you, upon request, provide a detailed financial statement for your Company and furnish any other information that may be required by the OWNER? 14. Is the firm licensed as a General Contractor, if applicable, in the City of Fort Collins? 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: 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: By: Printed: Title: State of ____________________ County of ____________________ Signed before me on _______________________, 20____ by __________________________________ (name(s) of individual(s) making statement). ____________________________________ [SEAL] (Notary’s official signature) ____________________________________ (Title of office) ____________________________________ (Commission Expiration) SECTION 00430 SCHEDULE OF SUBCONTRACTORS List all subcontractors and their corresponding Work items when performing over 10% of the total Bid. WORK ITEM and EST % of PROJECT SUBCONTRACTOR SECTION 00440 SAFETY FORM CONTRACTOR 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. Contractor(s) safety record will be evaluated by the evaluation team as an element of determining whether the Contractor(s) is responsible. Contractor(s) whose safety record is above 1.0 for Experience Modification Rating (EMR) and 5.0 for Total Recordable Incident Rate (TRIR) will be reviewed in depth and may be deemed ineligible to be considered for award at the City’s sole discretion. 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 ☐ 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 ☐ 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 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 00500 CONTRACT FORMS 00510 Notice of Award 00520 Contract 00530 Notice to Proceed SECTION 00510 NOTICE OF AWARD DATE: [Date] TO: [Contractor] (hereinafter referred to as the CONTRACTOR) PROJECT: 10085 Landscaping – Water Treatment Plant OWNER: CITY OF FORT COLLINS (hereinafter referred to as the OWNER) CONTRACTOR is hereby notified that its Bid dated [CONTRACTOR'S Bid Date] for the above project has been considered. CONTRACTOR is the apparent successful Bidder and has been awarded a CONTRACT for 10085 Landscaping – Water Treatment Plant. The Price of the CONTRACT is ($ ). One (1) copy of all CONTRACT Documents accompany this Notice of Award. CONTRACTOR must comply with the following conditions within fifteen (15) business days of the date of this Notice of Award, that is by [Date]. 1. CONTRACTOR must deliver to the OWNER a fully executed CONTRACT complete with authorized signature on the signature page. 2. CONTRACTOR must deliver with the executed CONTRACT the Payment and Performance Bonds as specified in the Instructions to Bidders. Failure to comply with these conditions within the time specified will entitle OWNER to consider the CONTRACTOR’s Bid abandoned, to annul this Notice of Award, and to declare CONTRACTOR’s Bid Bond forfeited. City of Fort Collins OWNER By: Gerry Paul Purchasing Director SECTION 00520 CONTRACT THIS CONTRACT is dated as of the [Day] day of [Month] in the year of 20[Year] and shall be effective on the date this CONTRACT is signed by the City. The City of Fort Collins (hereinafter called OWNER) and [Contractor] (hereinafter called CONTRACTOR) OWNER and CONTRACTOR, in consideration of the mutual covenants hereinafter set forth, agree as follows: ARTICLE 1. WORK CONTRACTOR shall complete all Work as specified or indicated in the CONTRACT Documents. The Project for which the Work under the CONTRACT Documents may be the whole or only a part is defined as the construction of 10085 Landscaping – Water Treatment Plant. ARTICLE 2. CHANGE ORDERS AND WORK CHANGE DIRECTIVES 2.1 Change Orders. The City, may, at any time during the term and without invalidating the CONTRACT, make changes to the particular services. 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. 2.2 Work Change Directives. Work Change Directives are 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 that 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 will, in most cases, require a Change Order. A sample Work Change Directive is attached hereto as 00955, consisting of one (1) page and incorporated herein by this reference. ARTICLE 3. ENGINEER The Project has been designed by Confluent Design. However, all references in the CONTRACT Documents to the ENGINEER shall be the City’s Project Manager, Gregg Stonecipher, who will assume all duties and responsibilities and will have the rights and authority assigned to ENGINEER in the CONTRACT Documents in connection with completion of the Work in accordance with the CONTRACT Documents. The Project Manager is subject to change by the OWNER by written notice via email to the CONTRACTOR. ARTICLE 4. CONTRACT TIMES 4.1. The Work shall be Substantially Completed by the CONTRACTOR, as evidenced by the issuance of the Certificate of Substantial Completion (Section 00635), within ( ) calendar days after the date of the Notice to Proceed. OR by [month, day, year]. 4.2. The Work must be completed by the CONTRACTOR and ready for issuance of the Certificate of Final Acceptance and Completion (Section 00640) in accordance with Article 14 of the General Conditions within thirty (30) calendar days after Substantial Completion. OR by [month, day, year]. 4.3. Liquidated Damages. OWNER and CONTRACTOR recognize that time is of the essence of this CONTRACT and that OWNER will suffer financial loss if the Work is not completed within the times specified in paragraphs 4.1 and 4.2 above, plus any extensions thereof allowed in accordance with Article 12 of the General Conditions. They also recognize the delays, expenses and difficulties involved in proving in a legal preceding the actual loss suffered by OWNER if the Work is not completed on time. Accordingly, instead of requiring any 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. Two Hundred Fifty Dollars ($250.00) 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 Two Hundred Fifty Dollars ($250.00) per calendar day, or fraction thereof, until the Work is Substantially Complete. 2) Final Acceptance and Completion: After Substantial Completion, Two Hundred Fifty Dollars ($250.00) for each calendar day or fraction thereof after [Date or number of calendar days] until Final Acceptance and Completion. ARTICLE 5. CONTRACT PRICE OWNER shall pay CONTRACTOR for performance of the Work in accordance with the CONTRACT Documents in the amount of ($ ). ARTICLE 6. PAYMENT PROCEDURES CONTRACTOR shall submit Applications for Payment in accordance with Article 14 of the General Conditions. Applications for Payment will be processed by ENGINEER as provided in the General Conditions. 6.1. PROGRESS PAYMENTS. OWNER shall make progress payments in accordance with the CONTRACT on the basis of CONTRACTOR's Application for Payment as approved by ENGINEER, 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. 6.1.1. 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 CONTRACT. In the event additional Work is requested that is not stated in the CONTRACT, the CONTRACTOR and the OWNER will negotiate an appropriate unit price for the Work. Before the CONTRACTOR initiates such Work, the parties shall document the change in accordance with Article 2. The OWNER pays undisputed payment applications on Net 30 days from the date of submittal or, for disputed payment applications, Net 30 days from the date of ENGINEER’s approval. 6.1.2. RETAINAGE Before 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 any amounts as ENGINEER shall determine, or OWNER may withhold, in accordance with Article 14.7 of the General Conditions. If, in the sole discretion of OWNER, on recommendation of ENGINEER, OWNER determines that the character and progress of the Work have been satisfactory to OWNER and ENGINEER, OWNER may determine that as long as the character and progress of the Work remain satisfactory to them, there will be no additional retainage on account of Work completed in which case the remaining progress payments before Substantial Completion will be in an amount equal to 100% of the Work completed. Subject to OWNER’s prior written approval, 95% of materials and equipment not incorporated in the Work (but delivered, suitably stored, insured, and accompanied by documentation satisfactory to OWNER as provided in Article 14.2 of the General Conditions) may be included in the Application for Payment 00960. 6.1.3. Upon Substantial Completion and if necessary, payment will be made in an amount sufficient to increase total payments to CONTRACTOR to 95% of the CONTRACT Price, less any amounts as ENGINEER shall determine or OWNER may withhold in accordance with Article 14.7 of the General Conditions or as provided by law. 6.2. FINAL ACCEPTANCE AND COMPLETION. Upon Final Acceptance and Completion of the Work in accordance with Article 14.13 of the General Conditions, OWNER shall pay the remainder of the CONTRACT Price as recommended by ENGINEER. ARTICLE 7. CONTRACTOR'S REPRESENTATION CONTRACTOR makes the following representations and acknowledgement of obligations upon which the OWNER may rely: 7.1 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. 7.3 CONTRACTOR has studied and acknowledges the results of (or assumes responsibility for obtaining and carefully studying) all examinations, investigations, explorations, tests, reports, studies, subsurface conditions and physical conditions, identified in the Contract Documents, at or contiguous to the site or otherwise may affect the cost, progress, performance or furnishing of the Work as CONTRACTOR considers necessary for the performance or furnishing of the Work at the Contract Price, within the Contract Times and in accordance with the other terms and conditions of the Contract Documents, including specifically the provisions of Article 4.2 of the General Conditions; and no additional examinations, investigations, explorations, tests, reports, studies or similar information or data are or will be required by CONTRACTOR for such purposes. 7.3 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 the Underground Facilities. No additional examinations, investigations, explorations, tests, reports, studies or similar information or data in respect of the Underground Facilities are or will be required by CONTRACTOR in order to perform and furnish the Work at the Contract Price, within the Contract Times and in accordance with the other terms and conditions of the Contract Documents, including specifically the provision of Article 4.3 of the General Conditions. CONTRACTOR has correlated the results of all observations, examinations, investigations, tests, reports and data with the terms and conditions of the Contract Documents. CONTRACTOR has given ENGINEER written notice of all conflicts, errors or discrepancies that it has discovered in the Contract Documents and the written resolution thereof by ENGINEER is acceptable to CONTRACTOR. 7.4 CONTRACTOR represents that all Work and/or materials must meet all applicable standards currently in force by recognized technical and professional societies, trade and materials supply associations, institutes and organizations, bureaus and testing laboratories, and national, federal, state, county, and local laws, codes and municipal ordinances to including but not limited to the American Disabilities Act (ADA), American National Standards Institute (ANSI), and American Water Works Association (AWWA) standards. The CONTRACTOR further agrees to comply fully with the Occupational Safety and Health Act (OSHA), all regulations issued there under, and all state laws and regulations enacted and adopted pursuant thereto. 7.5 Dust Control. The CONTRACTOR shall abide by the City of Fort Collins “Dust Control and Prevention Manual,” which is available for public download at https://www.fcgov.com/airquality/pdf/dust-prevention-and- control-manual.pdf, and is incorporated herein by this reference. 7.6 The CONTRACTOR is responsible for recording and submitting all applicable information on the ‘City of Fort Collins Waste Management Plan Form’. The Plan form is available at https://www.fcgov.com/recycling/files/construction-waste-management- plan.pdf. The OWNER reserves the right to withhold payment until a completed ‘City of Fort Collins Waste Management Plan Form’ is submitted. 7.7 The CONTRACTOR shall be responsible for obtaining any necessary licenses, fees or permits without additional expense to the OWNER. All vehicles and equipment shall be properly licensed and insured, carry the appropriate permits and be placarded as required by law. The CONTRACTOR and all subcontractors will be required to have a City of Fort Collins applicable permits, prior to the start of construction and throughout the project duration. CONTRACTOR will also be responsible for ensuring current Code requirements are met. The permits will be the responsibility of CONTRACTOR. 7.8 The CONTRACTOR shall be responsible for maintaining satisfactory standards of employees' competency, conduct, courtesy, appearance, honesty, and integrity, and shall be responsible for taking such disciplinary action with respect to any employee, as may be necessary. The OWNER may require the CONTRACTOR to immediately remove any employee the OWNER identifies to be unfit to perform duties due to one or more of the following reasons: 1. Neglect of duty. 2. Disorderly conduct, use of abusive or offensive language, quarreling, intimidation by words or actions or fighting. 3. Theft, vandalism, immoral conduct or any other criminal action. 4. Selling, consuming, possessing, or being under the influence of intoxicants, including alcohol, or illegal substances while on assignment for the City. 5. Acting in an unsafe manner. All OWNER facilities and grounds are non-smoking sites. All OWNER parks, trails and natural areas are also non-smoking. Agents and employees of CONTRACTOR working for the OWNER shall present a clean and neat appearance. Prior to performing any Work for the OWNER, CONTRACTOR shall require each of their employees to wear ID badges or uniforms identifying CONTRACTOR by name. 7.10 CONTRACTOR agrees that any incident/accident resulting in damage to property or causing personal injury within the limits of a work site shall be immediately reported to the appropriate police agency, other required agencies, Project Manager and the City of Fort Collins Safety and Risk Management Department. The Contractor shall immediately contact the Project Manager when damage to an underground facility is identified. If a natural or propane gas line is damaged, the Contractor must call 911 prior to notifying the City Representative. The Contractor shall not backfill around the underground utility line until the Project Manager has repaired the damage and has given clearance to backfill. The City will not pay the Contractor for labor, vehicles, material, or equipment or any other cost associated with the repair to any at-fault damage. Failure to comply may result in a verbal warning, suspension of the crew, loss of work, and/or termination of the Master Agreement. 7.11 CONTRACTOR shall comply with all engineering, safety, and operating requirements concerning installation of equipment in, on or around utility facilities; obtaining access facilities; and adhering to operating rules and requirements involving safe contact with utility equipment and water, gas and power lines, and confined spaces. CONTRACTOR shall adopt Utility's minimum safety standards as the baseline requirements. 7.12 Should it be necessary to halt the work because of incorrect or unsatisfactory operations under the terms of this CONTRACT or because of failure to follow safety standards applicable hereto, the CONTRACTOR must take immediate steps to remedy the deficiencies. Should repair or correction of any safety defect or deficiency not be immediately undertaken and should the OWNER be required to protect the site or make the repair or correction, the cost of such work shall be deducted from payment due the CONTRACTOR. ARTICLE 8. CONTRACT DOCUMENTS 8.1. The CONTRACT Documents which comprise the entire CONTRACT between OWNER and CONTRACTOR concerning the Work consist of the General Conditions and Supplementary Conditions. CONTRACT Documents are further defined in Article 1.10 of the General Conditions and other items as stated below, all of which are incorporated herein by this reference. 8.2. Forms for use by CITY and/or CONTRACTOR in performing the Work and related actions in carrying out the terms of this CONTRACT are deemed CONTRACT Documents and incorporated herein by this reference, and include, but are not limited to, the following: Section 00300 Bid Form Section 00420 Statement of Bidder’s Qualifications Section 00430 Schedule of Subcontractors Section 00440 Contractors Safety Form Section 00510 Notice of Award Section 00520 CONTRACT Section 00525 Scope of Work Section 00530 Notice to Proceed Section 00610 Performance Bond Section 00615 Payment Bond Section 00630 Certificate of Insurance Section 00635 Certificate of Substantial Completion Section 00640 Certificate of Final Acceptance and Completion Section 00650 Lien Waiver Releases Section 00660 Consent of SURETY Section 00700 General Conditions Section 00800 Supplementary Conditions Section 00950 Change Order Section 00955 Work Change Directive Section 00960 Application for Payment 8.3. Specifications, Reports & Drawings, October, 4 2023 and consisting of a cover sheet and sheets numbered as follows: ATTACHMENT A – FC WTP 100% LANDSCAPING PLANS ATTACHMENT B – FCWTP IRRIGATION PLANS ATTACHMENT C – FORT COLLINS WTP XERISCAPE TECH SPECS BID SET ATTACHMENT D – CONTRACTOR REQUIREMENTS – WATER TREATMENT PLANT ARTICLE 9. MISCELLANEOUS 9.1. Terms used in this CONTRACT which are defined in Article I of the General Conditions shall have the meanings indicated in the General Conditions. 9.2 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 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 assignment without the required prior written consent of the OWNER, shall be deemed null and void and have no effect. 9.3. OWNER and CONTRACTOR each binds itself, its partners, successors, assigns and legal representatives to the other party hereto, its partners, successors, assigns and legal representatives in respect to all covenants, promises, and obligations in this CONTRACT and in the CONTRACT Documents. 9.4 To the extent this CONTRACT 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 CONTRACT in any fiscal year for which no supporting appropriation has been made. 9.5 The laws of the State of Colorado, the City of Fort Collins Charter and Municipal Code shall govern the construction, interpretation, execution, and enforcement of this CONTRACT without regard to choice law or conflict of law principles. 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 Federal District Court in Denver. 9.6 All notices provided under this CONTRACT shall be written. All notices provided under this CONTRACT shall be effective immediately when emailed or three business days from the date of the notice when mailed to the following addresses: CONTRACTOR: CITY: Copy to: Attn: Email Address City of Fort Collins Attn: Gregg Stonecipher PO Box 580 Fort Collins, CO 80522 GSTONECIPHER@fcgo v.com City of Fort Collins Attn: Purchasing Dept. PO Box 580 Fort Collins, CO 80522 purchasing@fcgov.com OWNER: CITY OF FORT COLLINS CONTRACTOR: [CONTRACTOR] By: By: Kelly DiMartino, City Manager (over $1,000,000) PRINTED By: Gerry Paul, Purchasing Director Title: Date: Date: Attest: (CORPORATE SEAL) Attest: Approved as to Form: SECTION 00530 NOTICE TO PROCEED 10085 Landscaping – Water Treatment Plant Description of Work: 10085 Landscaping – Water Treatment Plant To: [CONTRACTOR] This notice is to advise you: That the CONTRACT covering the above described Work has been fully executed by the CONTRACTOR and the OWNER. That the required CONTRACTOR's Performance Bond and Payment Bond have been received by the OWNER. Therefore, as the CONTRACTOR for the above described Work, CONTRACTOR is hereby authorized and directed to proceed with the Work to begin on . The dates for Substantial Completion and Final Acceptance shall be , 20 and , 20 , respectively. Dated this day of , 20 . OWNER: CITY OF FORT COLLINS By: Title: ACKNOWLEDGMENT OF NOTICE Receipt of the above Notice to Proceed is hereby acknowledged this day of , 20 . CONTRACTOR: [CONTRACTOR] By: Title: SECTION 00600 BONDS AND CERTIFICATES 00610 Performance Bond 00615 Payment Bond 00630 Certificate of Insurance 00635 Certificate of Substantial Completion 00640 Certificate of Final Acceptance and Completion 00650 Lien Waiver Release (CONTRACTOR) 00660 Consent of SURETY 00670 Application for Exemption Certificate SECTION 00610 PERFORMANCE BOND Bond No. KNOW ALL PEOPLE BY THESE PRESENTS: that (firm) (address) (an Individual), (a Partnership), (a Corporation) (a Limited Liability Company), hereinafter referred to as the "PRINCIPAL" and (Firm) (Address) hereinafter referred to as "the SURETY", are held and firmly bound unto City of Fort Collins, 300 Laporte Ave, Fort Collins, Colorado 80522, a home rule municipality, hereinafter referred to as the "OWNER", in the penal sum of ($ ) in lawful money of the United States, for the payment of which sum well and truly to be made, SURETY binds itself, its 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 CONTRACT with the OWNER, dated the [Day] day of [Month] in the year of 20[Year], a copy of which is hereto attached and made a part hereof for the performance of the City of Fort Collins Project, 10085 Landscaping – Water Treatment Plant. NOW, THEREFORE, if the PRINCIPAL shall well, truly and faithfully perform its duties, all the undertakings, covenants, terms, conditions and agreements of the CONTRACT 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 the CONTRACT, and shall fully indemnify and save harmless the OWNER from all cost and damages which it may suffer by reason of failure to do so, and shall reimburse and repay the OWNER all outlay and expense which the OWNER may incur in making good any default then this obligation shall be void; otherwise to remain in full force and effect. PROVIDED, FURTHER, that the SURETY, for value received, hereby stipulates and agrees that no change, extension of time, alteration or addition to the terms of the CONTRACT 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 change, extension of time, alteration or addition to the terms of the CONTRACT 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 must be authorized to transact business in the State of Colorado and be acceptable to the OWNER. IN WITNESS WHEREOF, this instrument is executed this _____ day of , 20__. IN PRESENCE OF: PRINCIPAL (Title) (Title) (Corporate Seal) (Address) IN PRESENCE OF: Other PARTNERS _____________________________ By: _____________________________ By: IN PRESENCE OF: SURETY _____________________________ By:_____________________________________ _____________________________ (Address) (SURETY Seal) NOTE: Date of Bond must not be before date of the CONTRACT. 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 SECTION 00615 PAYMENT BOND Bond No. KNOW ALL PEOPLE BY THESE PRESENTS: that (firm) (address) (an Individual), (a Partnership), (a Corporation) (a Limited Liability Company), hereinafter referred to as the "PRINCIPAL" and (Firm) (Address) hereinafter referred to as "the SURETY", are held and firmly bound unto the City of Fort Collins, 300 Laporte Ave., Fort Collins, Colorado 80522 , a home rule municipality, a home rule municipality, hereinafter referred to as "the OWNER", in the penal sum of ($ ) in lawful money of the United States, for the payment of which sum well and truly to be made, we bind ourselves, successors and assigns, jointly and severally, firmly by these presents. THE CONDITIONS OF THIS OBLIGATION are such that whereas the PRINCIPAL entered into a certain CONTRACT with the OWNER, dated the [Day] day of [Month] in the year of 20[Year], a copy of which is hereto attached and made a part hereof for the performance of the City of Fort Collins Project, 10085 Landscaping – Water Treatment Plant. 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 the CONTRACT 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 the Work, and all insurance premiums on the Work, and for all labor, performed in the Work whether by subcontractor or otherwise, then this obligation shall be void; otherwise to remain in full force and effect. PROVIDED, FURTHER, that the SURETY, for value received, hereby stipulates and agrees that no change, extension of time, alteration or addition to the terms of the CONTRACT 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 change, extension of time, alteration or addition to the terms of the CONTRACT 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 must be authorized to transact business in the State of Colorado and be acceptable to the OWNER. IN WITNESS WHEREOF, this instrument is executed this day of , 20__. IN PRESENCE OF: PRINCIPAL (Title) (Title) (Corporate Seal) (Address) IN PRESENCE OF: Other PARTNERS _____________________________ By: _____________________________ By: IN PRESENCE OF: SURETY _____________________________ By:_____________________________________ _____________________________ (Address) (SURETY Seal) NOTE: Date of Bond must not be before date of CONTRACT. 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 SECTION 00630 CERTIFICATE OF INSURANCE The CONTRACTOR will provide, from insurance companies acceptable to the OWNER, the insurance coverage designated hereinafter and pay all costs. Before commencing work under this Bid, the CONTRACTOR shall furnish the OWNER 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 OWNER, at its option, may take out and maintain, at the expense of the CONTRACTOR, insurance as the OWNER may deem proper and may deduct the cost of the insurance from any monies which may be due or become due the CONTRACTOR under this CONTRACT. Insurance certificates should show the certificate holder as follows: City of Fort Collins Purchasing Division PO Box 580 Fort Collins, CO 80522 The OWNER, 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 CONTRACT. Insurance coverages shall be as follows: A. Workers' Compensation & Employer's Liability. The CONTRACTOR shall maintain during the life of this CONTRACT for all of the CONTRACTOR’s employees engaged in work performed under this CONTRACT. 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 CONTRACT 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 CONTRACT. 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 CONTRACT 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 CONTRACT. Coverage for property damage shall be on a "broad form" basis. The amount of insurance for Automobile Liability, shall not be less than $1,000,000 combined single limits for bodily injury and property damage. D. 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 CONTRACT by a subcontractor, which liability is not covered by the subcontractor's insurance. E. Primary Coverage. For any claims related to the CONTRACT, CONTRACTOR’s insurance shall be primary coverage, and any insurance or self-insurance maintained by the OWNER, its officers, agents and employees shall be in excess of the CONTRACTOR’s insurance and shall not contribute with it. F. Waiver of Subrogation. CONTRACTOR will grant to the OWNER a waiver of any right of subrogation which any insurer of CONTRACTOR may acquire against the OWNER 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 OWNER 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 CONTRACT by a subcontractor, which liability is not covered by the subcontractor's insurance. SECTION 00635 CERTIFICATE OF SUBSTANTIAL COMPLETION TO: CITY OF FORT COLLINS (OWNER) DATE OF SUBSTANTIAL COMPLETION: PROJECT TITLE: 10085 Landscaping – Water Treatment Plant PROJECT OR SPECIFIED PART SHALL LOCATION: Fort Collins, Colorado INCLUDE: OWNER: City of Fort Collins CONTRACTOR: [Contractor] CONTRACT DATE: [Date] The Work performed under this CONTRACT has been inspected by authorized representatives of the OWNER, CONTRACTOR, and the ENGINEER and the Project or specified part of the Project, as indicated above is hereby declared to 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: Other: A tentative list of items to be completed or corrected is appended hereto. This list may not be exhaustive, and the failure to include an item on it does not alter the responsibility of the CONTRACTOR to complete all the Work in accordance with the CONTRACT Documents. OWNER AUTHORIZED REPRESENTATIVE DATE The CONTRACTOR accepts the above Certificate of Substantial Completion and agrees to complete and correct the items on the tentative list on or before the Final Acceptance and Completion date of , 20 . CONTRACTOR AUTHORIZED REPRESENTATIVE DATE 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 SECTION 00640 CERTIFICATE OF FINAL ACCEPTANCE AND COMPLETION Month, day , 20 TO: [CONTRACTOR] You are hereby notified that on the day of , 20__, the City of Fort Collins, Colorado, has accepted the Work completed by [CONTRACTOR] for the City of Fort Collins Project, 10085 Landscaping – Water Treatment Plant. Pursuant to the CONTRACT Documents, CONTRACTOR has provided the following items: A. All documentation called for in the CONTRACT Documents, including without limitation certified payrolls as required for state or federally funded projects; B. Consent of the SURETY, if any, to final payment; C. 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. D. A list of all disputes that CONTRACTOR believes are unsettled; and E. 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. Contractor]’s continuing obligations and guarantees for the Project will be as provided in the CONTRACT Documents. OWNER: City of Fort Collins By: Title: SECTION 00650 LIEN WAIVER RELEASE (CONTRACTOR) TO: City of Fort Collins, Colorado (OWNER) FROM: [CONTRACTOR] (CONTRACTOR) PROJECT: 10085 Landscaping – Water Treatment Plant 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 the 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. Signed this day of , 20 . CONTRACTOR: [CONTRACTOR] By: Title: ATTEST: Secretary STATE OF ) )ss. COUNTY OF ) Subscribed and sworn to before me this day of , 20 , by (name(s) of individual(s) making statement). Witness my hand and official seal. ____________________________________ [SEAL] (Notary’s official signature) ____________________________________ (Title of office) ____________________________________ (Commission Expiration) SECTION 00660 CONSENT OF SURETY TO: City of Fort Collins, Colorado (hereinafter referred to as the "OWNER") CONTRACTOR: [CONTRACTOR] PROJECT: 10085 Landscaping – Water Treatment Plant CONTRACT DATE: [Date] In accordance with the provisions of the CONTRACT between the OWNER and the CONTRACTOR as indicated above, for (SURETY), on bond , the SURETY 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 SURETY's Bonds. IN WITNESS WHEREOF, the SURETY has hereunto set its hand this day of , 20 . By: (SURETY) ATTACH: Power of Attorney and Certificate of Authority of Attorney(s)-in-Fact. STATE OF ) )ss. COUNTY OF ) This record was acknowledged before me on _________________________, 20 _____. By (name of officer or agent, title of officer or agent)as (type of authority, such as officer or trustee) of (name of corporation acknowledging), a (state or place of incorporation) corporation, on behalf of the corporation. Witness my hand and official seal. [SEAL] (Notary’s official signature) ____________________________________ (Title of office) ____________________________________ (Commission Expiration) SECTION 00670 APPLICATION FOR EXEMPTION CERTIFICATE SECTION 00700 GENERAL CONDITIONS SECTION 00800 SUPPLEMENTARY CONDITIONS SECTION 00800 SUPPLEMENTARY CONDITIONS Conditions of the CONTRACT These Supplementary Conditions amend or supplement the General Conditions of the Construction Contract (EJCDC General Conditions 1910-8, 1990 edition with City of Fort Collins modifications) and other provisions of the CONTRACT Documents as indicated below. SC-1.46 Work Order A. Add the following new paragraph immediately after paragraph 1.43 of the General Conditions: 1.43 Work Order - A CONTRACT Document once executed by OWNER and CONTRACTOR, that provides for the construction of all or a portion of the Work, pursuant to the CONTRACT and CONTRACT Documents. SC-2.8 Preliminary Matters A. Delete paragraph 2.8 of the General Conditions entirely and replace it with the following paragraph: Preconstruction Conference. Within ten days after the CONTRACT Times for a Work Order start to run, but before any Work at the site is started, a conference attended by CONTRACTOR, ENGINEER and others as appropriate will be held to establish a working relationship among the parties as to the Work and to discuss the schedules referred to in paragraph 2.6, procedures for handling Shop Drawings and other submittals, processing Applications for Payment, and maintaining required records. Unless otherwise agreed by the parties, the CONTRACTOR shall be responsible for documenting the meeting minutes which shall be subject to the OWNER’S approval. SC-4.2 Subsurface and Physical Conditions: A. Add the following language to paragraph 4.2.1 of the General Conditions. 4.2.1.1.1 The following report(s) of exploration and tests of subsurface conditions at the site of the Work: N/A Contractor may rely upon the accuracy of the technical data contained in the geotechnical documents, but not upon nontechnical data, interpretations or opinions contained therein or upon the completeness of any information in the report. SC-5.4.7 Additional Insureds. Include the following parties or entities as additional insureds, as provided in paragraph 5.4.7 of the General Conditions: 5.4.7.1 City of Fort Collins, PO Box 580, Fort Collins, Colorado 80522 SC-5.4.8 Limits of Liability A. Add the following language at the end of paragraph 5.4.8. The limits of liability for the insurance required by the paragraph numbers of the General Conditions listed in paragraphs 5.4.1 through 5.4.10 of the General Conditions are as outlined in Section 00630 of the CONTRACT. The limits of liability for the insurance required by paragraphs 5.4.1 through 5.4.6 inclusive and requirements of 5.4.7 through 5.4.10 shall be in accordance with Section 00630 of the CONTRACT. SC-8.0 OWNER’s Responsibilities A. 8.1 Change reference to ENGINEER to PROJECT MANAGER B. Add the following language to ARTICLE 8: 8.10. The OWNER will provide a project manager (the Project Manager). The CONTRACTOR shall direct all questions concerning CONTRACT interpretation, Change Orders, and other requests for clarification or instruction to the Project Manager. 8.10.1 Authority: The Project Manager will be the OWNER's representative during the construction of the project. The Project Manager shall have the authority to reject work and materials whenever rejection may be necessary to ensure the proper performance of the Work in accordance with the CONTRACT Documents. 8.10.2 Duties and Responsibilities: The Project Manager will make periodic visits to the project site to observe the progress and quality of the Work and to determine, in general, if the Work is proceeding in accordance with the CONTRACT Documents. The Project Manager shall not be required to make comprehensive or continuous inspections to check the progress or quality of the Work. The Project Manager shall not be responsible for construction means, methods, techniques, sequences, or procedures, or for safety precautions or programs in connection with the Work, or for any failure of the CONTRACTOR to comply with laws and regulation applicable to the performance or furnishing of the Work. Visits and observations made by the Project Manager shall not relieve the CONTRACTOR of his obligation to conduct comprehensive inspections of the Work, to furnish materials and perform acceptable Work, and to provide adequate safety precautions in conformance with the CONTRACT Documents. The Project Manager shall at all times have access to the Work. The CONTRACTOR shall provide facilities for access so the Project Manager may perform his or her functions under the CONTRACT Documents. 8.10.3 One or more Construction Inspector(s) (CI) may be assigned to assist the Project Manager in providing observation of the Work, to determine whether or not the Work is proceeding according to the construction documents. CONTRACTOR will receive written notification from the OWNER of any CI assignments. The CI shall not supervise, direct or have control or authority over, nor be responsible for, CONTRACTOR's means, methods, techniques, sequences or procedures of construction or the safety precautions and programs incident thereto, or for any failure of CONTRACTOR to comply with Laws and Regulations applicable to the furnishing or performance of the Work. The CI will not be responsible for CONTRACTOR's failure to perform or furnish the Work in accordance with the CONTRACT Documents. The CI's dealings in matters pertaining to the on-site work will be to keep the Project Manager properly apprised about such matters. 8.10.4 Communications: All instructions, approvals, and decisions of the Project Manager shall be in writing. The CONTRACTOR may not rely on instructions, approvals, or decisions of the Project Manager until the same are reduced to writing. SC-11.6.2 Change of CONTRACT Price A. Add the following new paragraph to paragraph 11.6.2 of the General Conditions: 11.6.2.7. Cost of the Work. Allowances for profit, overhead and mark-up prescribed by Article 5 of the CONTRACT shall be used in lieu of any CONTRACTOR'S fee, overhead, profit or mark-up allowances as prescribed in paragraphs 11.6.2.1, 11.6.2.2, and 11.6.2.3. SC-12.3. Add the following language to the end of paragraph 12.3 of the General Conditions. Lost days due to abnormal weather conditions will be allocated as required. Should there be a day with abnormal weather conditions, Contractor and the City Project Manager will consult, before start of Work, and determine whether Work should begin or not, documenting the decision in writing. In the event the parties mutually agree to suspend Work due to weather, the Project Schedule may be extended on a day for day basis equivalent to the period of time the Work was suspended for weather. SC-13.12 Correction Period: 13.12.1 If within two years after the date of Substantial Completion or a longer period of time as may be prescribed by Laws or Regulations or by the terms of any applicable special guarantee required by the CONTRACT Documents or by any specific provision of the CONTRACT Documents, and Work is found to be defective, CONTRACTOR shall promptly, without cost to OWNER and in accordance with OWNER’s written instructions . . . SC-DB Davis Bacon Wage Rates A. The terms and conditions set forth in the following pages are hereby incorporated as part of this CONTRACT. SC-CONFIDENTIALITY IN CONNECTION WITH SERVICES provided to the City of Fort Collins (the “City”) pursuant to this CONTRACT (the “CONTRACT”), the Service Provider hereby acknowledges that it has been informed that the City has established policies and procedures with regard to the handling of confidential information and other sensitive materials. In consideration of access to certain information, data and material (hereinafter individually and collectively, regardless of nature, referred to as “information”) that are the property of and/or relate to the City or its employees, customers or suppliers, which access is related to the performance of services that the Service Provider has agreed to perform, the Service Provider hereby acknowledges and agrees as follows: That information that has or will come into its possession or knowledge in connection with the performance of services for the City may be confidential and/or proprietary. The Service Provider agrees to treat as confidential (a) all information that is owned by the City, or that relates to the business of the City, or that is used by the City in carrying on business, and (b) all information that is proprietary to a third party (including but not limited to customers and suppliers of the City). The Service Provider shall not disclose any such information to any person not having a legitimate need-to- know for purposes authorized by the City. Further, the Service Provider shall not use the information to obtain any economic or other benefit for itself, or any third party, except as specifically authorized by the City. The foregoing to the contrary notwithstanding, the Service Provider understands that it shall have no obligation under this CONTRACT with respect to information and material that (a) becomes generally known to the public by publication or some means other than a breach of duty of this CONTRACT, or (b) is required by law, regulation or court order to be disclosed, provided that the request for disclosure is proper and the disclosure does not exceed that which is required. In the event of any disclosure under (b) above, the Service Provider shall furnish a copy of this CONTRACT to anyone to whom it is required to make disclosure and shall promptly advise the City in writing of each disclosure. In the event that the Service Provider ceases to perform services for the City, or the City so requests for any reason, the Service Provider shall promptly return to the City any and all information described hereinabove, including all copies, notes and/or summaries (handwritten or mechanically produced) thereof, in its possession or control or as to which it otherwise has access. The Service Provider understands and agrees that the City’s remedies at law for a breach of the Service Provider’s obligations under this Confidentiality Agreement may be inadequate and that the City shall, in the event of any breach, be entitled to seek equitable relief (including without limitation preliminary and permanent injunctive relief and specific performance) in addition to all other remedies provided hereunder or available at law. SECTION 00900 CHANGE ORDERS AND PAYMENT 00950 Change Order 00955 Work Change Directive 00960 Application for Payment SECTION 00950 CHANGE ORDER NO. PROJECT TITLE: 10085 Landscaping – Water Treatment Plant CONTRACTOR: [Company Name] PO NUMBER: DESCRIPTION: 1. Reason for Change: Why is the change required? 2. Description of Change: Provide details 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 WORK ORDER % ADJUSTED COST $ .00 SERVICE PROVIDER: Date: Name, Title ACCEPTANCE: Date: Name, Project Manager REVIEWED: Date: Name, Buyer II or Senior Buyer ACCEPTANCE: Date: Gerry Paul, Purchasing Director (if greater than $60,000) 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 Engineer initiates the form, including a description of the items involved and attachments. Based on conversations between the Engineer/Owner and Contractor, Engineer 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 Engineer has completed and signed the form, all copies should be sent to Owner for authorization because Engineer alone does not have authority to authorize changes in Price or Times. Once authorized by Owner, a copy should be sent by Engineer to Contractor. Price and Times may only be changed by Change Order signed by Owner and Contractor with Engineer’s recommendation. Article 10 of the General Conditions requires that a Change Order 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 determined, 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. WORK CHANGE DIRECTIVE NO. PROJECT TITLE: 10085 Landscaping – Water Treatment Plant CONTRACTOR: Name ENGINEER: Confluent Design 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: ENGINEER AUTHORIZED REPRESENTATIVE DATE AUTHORIZED: OWNER AUTHORIZED REPRESENTATIVE DATE Section 00960 APPLICATION FOR PAYMENT PAGE 1 OF 4 OWNER: City of Fort Collins PROJECT: APPLICATION NUMBER: APPLICATION DATE: PERIOD BEGINNING: ENGINEER: Confluent Design 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: $ Total Completed and Stored to Date: $ Less Previous Applications: $ Amount Due this Application - Before Retainage $ Less Retainage $ Net Change by Change Order $0.00 AMOUNT DUE THIS APPLICATION: $ CERTIFICATION: The undersigned CONTRACTOR certifies that all obligations of CONTRACTOR incurred in connection with the Work have been satisf ied as required in Paragraph 14.3. of the General Conditions of the CONTRACT. OR The undersigned CONTRACTOR certifies that to the best of its knowledge, information and belief the Work covered by this Appli cation 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 rec eived, and this current payment requested herein is now due. The above Amount Due this Application is requested by the CONTRACTOR. Date: By: In accordance with the CONTRACT Documents, based on site observations and the data comprising the above Application, the ENGINEER certifies to the OWNER that the Work has progressed to the point indicated; that to the best of its knowledge, information and belief, the quality of the Wor k 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. Date: By: Payment of the above Amount Due This Application has been reviewed by the OWNER'S Project Manager. Date: By: Payment of the above Amount Due This Application is approved by the OWNER. Date: By: CONTRACT AMOUNTS APPLICATION FOR PAYMENT PAGE 2 OF 4 Work Completed Work Completed Work Completed Stored Bid This Month Previous Periods To Date Materials Total Item This Earned Percent Number Description Quantity Units Unit Price Amount Qty. Amount Qty. Amount Qty. Amount Period To Date Billed $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 TOTALS $0.00 $0.00 $0.00 $0.00 $0.00 CHANGE ORDERS APPLICATION FOR PAYMENT PAGE 3 OF 4 Work Completed Work Completed Work Completed Stored Bid This Month Previous Periods To Date Materials Total Item This Earned Percent Number Description Quantity Units Unit Price Amount Qty. Amount Qty. Amount Qty. Amount Period To Date Billed $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 TOTALS CHANGE ORDERS $0.00 $0.00 $0.00 $0.00 $0.00 PROJECT TOTALS $0.00 $0.00 $0.00 $0.00 $0.00 STORED MATERIALS SUMMARY PAGE 4 OF 4 On Hand Received Installed On Hand Item Invoice Previous This This This Number Number Description Application Period Period Application $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 TOTALS $0.00 $0.00 $0.00 $0.00