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Home My WebLink AboutBID - 10111 Downtown Transit Center (DTC) South Roofing Project BID INFORMATION AND CONTRACT DOCUMENTS FOR DTC SOUTH ROOFING REPLACEMENT BID NO. 10111 February 27, 2025 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 00100 Instructions to Bidders 00300 Bid Form 00400 Supplements to Bid Forms 00410 Bid Bond 00420 Statements of Bidders Qualifications 00430 Schedule of Subcontractors 00440 CDOT Form #606, Anti-Collusion Affidavit 00450 CDOT Form #1413, Bidders List 00460 Build America, Buy America Certification 00470 Appendix A, 49 CFR Part 20, Certification Regarding Lobbying 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 Exhibit GC-A GC-A1 - GC-A2 00800 Supplementary Conditions Davis Bacon Wage Rates Federal Terms & Conditions 00900 Addenda, Modifications, and Payment 00950 Contract Change Order 00955 Work Change Directive 00960 Application for Payment ADDITIONAL CONTRACT DOCUMENTS ATTACHMENT A SECTION 00020 INVITATION TO BID SECTION 00020 INVITATION TO BID BID DUE: 3:00 PM MT (MT RMEPS clock), March 31, 2025 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: 215 320 061 294 Passcode: 8ms6YA6x Dial in by phone +1 970-628-0892,, Phone conference ID: 194 360 784# The Contract Documents provide for the construction of BID # 10111 DTC South Roofing Replacement. The Work: The scope of this project is to remove and replace the existing EPDM roof on the south portion of the Downtown Transit Center building. The existing roof is reaching the end of its useful life and needs to be replaced. The goals of this project are to provide a new water-tight roof, re-use existing roofing insulation, add new insulation to meet current building codes, and raise existing curbs and hatches for the height of the new roof. A traffic control plan shall be provided for shutting down the east alley whenever crane services are required. This scope of work does not include any work to the TPO roof on the adjacent north roof. A Mandatory pre-bid conference and job walk with representatives of prospective Bidders will be held at 1:00pm on Thursday, March 6th,2025 at Fort Collins Downtown Transit Center located at 250 N. Mason St, Fort Collins, CO 80524. Weather permitting, a job walk will take place immediately after the pre-bid conference. Prospective Bidders are invited to present their questions relative to this Bid proposal at this meeting. All questions should be submitted, in writing via email, to Dennis Ralph, Senior Buyer at dralph@fcgov.com, no later than 3:00 PM MT on March 13, 2025. Please format your e-mail to include: Bid 10111 - Downtown Transit Center (DTC) South Roofing Project 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. In the event the successful Bid exceeds $100,000, the awarded 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 00100 INSTRUCTIONS TO BIDDERS 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 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 Owner or in the payment of any taxes, licenses or other monies due to the Owner. 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 Owner 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 Owner 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 Owner. 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 (required for awarded Bid exceeding $100,000) within 15 days of the Notice of Award, Owner may annul the Notice of Award and the Bid Bond of that Bidder will be forfeited. The Bid Bond of other Bidders whom Owner believes to have reasonable chance receiving the award may be retained by Owner until the earlier of the seventh day after the effective date of the 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. 13.2. Oral, telephonic, telegraphic, physically mailed or delivered or facsimile Bids are invalid and will not receive consideration. 13.3. 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 Owner'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 February 27, 2025 Mandatory Prebid meeting March 6, 2025 Deadline for questions March 13, 2025 Addendum issued March 18, 2025 Bid Due March 31,2025 Tentative start date June 2, 2025 Tentative project completion date June 13, 2025 END OF SECTION SECTION 00300 BID FORM SECTION 00300 BID FORM PROJECT: 10111 - Downtown Transit Center (DTC) South Roofing Project 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 (required for awarded Bid exceeding $100,000) 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 Owner 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 Owner 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 Owner may reject any incomplete Bids as non-responsive. - Bid Form (Section 00300) - Certified or Cashier’s Check Bid Bond (Item 3 above and Section 00410) - Acknowledgement of Bid Addenda (Item 7 above) - Statement of Bidder's Qualifications (Section 00420) - Schedule of Subcontractors (Section 00430) - CDOT Form #606, Anti-Collusion Affidavit (Section 00440) - CDOT Form #1413, Bidders List (Section 00450) - Build America, Buy America Certification (Section 00460) - Appendix A, 49 CFR Part 20, Certification Regarding Lobbying* (Section 00470) *Required for all Bids exceeding $100,000 The Bidder acknowledges this is a Federally funded project subject to the Federal Terms and Conditions incorporated herein as part of the Invitation to Bid. There is not a DBE goal for this project. 10. BID SCHEDULE (Base Bid) At the Owner’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. 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. BID FORM Base Bid: $_______________________ In Words: _________________________________________________ Alternates Alternate #1: $_______________________ In Words: _____________________________ Use of PVC Membrane in lieu of Base Bid TPO Membrane Alternate #2: $_______________________ In Words: _____________________________ Provide reglet termination for new membrane in lieu of surface-applied termination Alternate #3: $_______________________ In Words: _____________________________ Deduct for large cricket at north side of roof if not required due to structural sloping of the roof deck. Alternate #4: $_______________________ In Words: _____________________________ Add to include 110 mile-per-hour roof warranty RESPECTFULLY SUBMITTED: Legal Firm Name: Physical Address: Remit to Address: Phone: Name of Authorized Agent of Firm: Signature of Authorized Agent: Primary Contact for Project: Title: Email Address: Phone: Cell Phone: (Seal - if Bid is by corporation) Attest: Address Telephone Email SECTION 00400 SUPPLEMENTS TO BID FORMS 00410 Bid Bond 00420 Statement of Bidder's Qualifications 00430 Schedule of Subcontractors 00440 CDOT Form #606, Anti-Collusion Affidavit 00450 CDOT Form #1413, Bidders List 00460 Build America, Buy America Certification 00470 Appendix A, 49 CFR Part 20, Certification Regarding Lobbying SECTION 00410 BID BOND KNOW ALL PEOPLE BY THESE PRESENTS: that we, the undersigned as PRINCIPAL, and , as SURETY, are hereby held and firmly bound unto the City of Fort Collins, Colorado, as OWNER, in the sum of ($ ) 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, 10111 DTC South Roofing Replacement. 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 Owner and bids that do not include the required and satisfactory references may be deemed non-responsive. The Owner 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 SUBCONTRACTOR SECTION 00440 SECTION 00450 SECTION 00460 BUILD AMERICA, BUY AMERICA CERTIFICATION Build America – Construction materials used in the Project are subject to the domestic preference requirement of the Build America, Buy America Act, Pub. L. 117-58, div. G, tit. IX, §§70911 – 70927 (2021), as implemented by the U.S. Office of Management and Budget, the U.S. Department of Transportation, and FTA. The Recipient acknowledges that this agreement is neither a waiver of § 70914(a) nor a finding under § 70914(b). Buy America – The domestic preference requirements of 49 U.S.C. § 5323(j), and FTA regulations, “Buy America Requirements,” 49 CFR Part 661, to the extent consistent with 49 U.S.C. 5323(j) apply to this contract. BIDDER MUST SIGN ONE (1) OF THE FOLLOWING: Certification requirement for Build America, Buy America. The bidder or offeror hereby certifies that it will meet the requirements of Build America, Buy America. Date _______________________________________________________________________ Signature ____________________________________________________________________ Company Name _______________________________________________________________ Title ________________________________________________________________________ SECTION 00470 APPENDIX A, 49 CFR PART 20--CERTIFICATION REGARDING LOBBYING Certification for Contracts, Grants, Loans, and Cooperative Agreements (To be submitted with each bid or offer exceeding $100,000) The undersigned [Contractor] certifies, to the best of his or her knowledge and belief, that: (1) No Federal appropriated funds have been paid or will be paid, by or on behalf of the undersigned, to any person for influencing or attempting to influence an officer or employee of an agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with the awarding of any Federal contract, the making of any Federal grant, the making of any Federal loan, the entering into of any cooperative agreement, and the extension, continuation, renewal, amendment, or modification of any Federal contract, grant, loan, or cooperative agreement. (2) If any funds other than Federal appropriated funds have been paid or will be paid to any person for making lobbying contacts to an officer or employee of any agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with this Federal contract, grant, loan, or cooperative agreement, the undersigned shall complete and submit Standard Form--LLL, "Disclosure Form to Report Lobbying," in accordance with its instructions [as amended by "Government wide Guidance for New Restrictions on Lobbying," 61 Fed. Reg. 1413 (1/19/96). Note: Language in paragraph (2) herein has been modified in accordance with Section 10 of the Lobbying Disclosure Act of 1995 (P.L. 104-65, to be codified at 2 U.S.C. 1601, et seq.)] (3) The undersigned shall require that the language of this certification be included in the award documents for all subawards at all tiers (including subcontracts, subgrants, and contracts under grants, loans, and cooperative agreements) and that all subrecipients shall certify and disclose accordingly. This certification is a material representation of fact upon which reliance was placed when this transaction was made or entered into. Submission of this certification is a prerequisite for making or entering into this transaction imposed by 31, U.S.C. § 1352 (as amended by the Lobbying Disclosure Act of 1995). Any person who fails to file the required certification shall be subject to a civil penalty of not less than $10,000 and not more than $100,000 for each such failure. [Note: Pursuant to 31 U.S.C. § 1352(c)(1)-(2)(A), any person who makes a prohibited expenditure or fails to file or amend a required certification or disclosure form shall be subject to a civil penalty of not less than $10,000 and not more than $100,000 for each such expenditure or failure.] The Contractor, ________________ ___, certifies or affirms the truthfulness and accuracy of each statement of its certification and disclosure, if any. In addition, the Contractor understands and agrees that the provisions of 31 U.S.C. A 3801, et seq., apply to this certification and disclosure, if any. __________________________ Signature of Contractor's Authorized Official __________________________ Name and Title of Contractor's Authorized Official ___________________________ Date SECTION 00500 CONTRACT FORMS 00510 Notice of Award 00520 Contract 00530 Notice to Proceed SECTION 00510 NOTICE OF AWARD DATE: [Date] TO: [Contractor] (hereinafter referred to as the CONTRACTOR) PROJECT: 10111 DTC South Roofing Replacement OWNER: CITY OF FORT COLLINS (hereinafter referred to as the OWNER) CONTRACTOR is hereby notified that its Bid dated [CONTRACTOR'S Bid Date] for the above project has been considered. CONTRACTOR is the apparent successful Bidder and has been awarded a CONTRACT for 10111 DTC South Roofing Project. The Price of the CONTRACT is ($ ). 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 10111 DTC South Roofing Project. ARTICLE 2. CHANGE ORDERS AND WORK CHANGE DIRECTIVES 2.1 Change Orders. The Owner, 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 Terracon Consultants, Inc. However, all references in the CONTRACT Documents to the ENGINEER shall be the City’s Project Manager, Victor Trowbridge, 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 Twenty-One (21) calendar days after the date of the Notice to Proceed. 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 Fourteen (14) calendar days after the date of Substantial Completion. 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. Five Hundred dollars ($500.00) for each calendar day or fraction thereof, after the Substantial Completion date established in Article 4.1 above until the Work is Substantially Complete. 2) Final Acceptance and Completion: After Substantial Completion, Five Hundred dollars ($500.00) for each calendar day or fraction thereof after fourteen (14) calendar days until Final Acceptance and Completion. ARTICLE 5. CONTRACT PRICE OWNER shall pay CONTRACTOR for performance of the Work in accordance with the CONTRACT Documents in the amount of ($ ). 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 In the event the awarded Bid exceeds $100,000, the Owner will withhold 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 the 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: 8.2.1. Section 00300 Bid Form 8.2.2. Section 00420 Statement of Bidder’s Qualifications 8.2.3. Section 00430 Schedule of Subcontractors 8.2.4. Section 00440 CDOT Form #606, Anti-Collusion Affidavit 8.2.5. Section 00450 CDOT Form #1413, Bidders List 8.2.6. Section 00460 Build America, Buy America Certification 8.2.7. Section 00510 Notice of Award 8.2.8. Section 00520 CONTRACT 8.2.9. Section 00530 Notice to Proceed 8.2.10. Section 00610 Performance Bond 8.2.11. Section 00615 Payment Bond 8.2.12. Section 00630 Certificate of Insurance 8.2.13. Section 00635 Certificate of Substantial Completion 8.2.14. Section 00640 Certificate of Final Acceptance and Completion 8.2.15. Section 00650 Lien Waiver Releases 8.2.16. Section 00660 Consent of SURETY 8.2.17. Section 00700 General Conditions 8.2.18. Section 00800 Supplementary Conditions 8.2.19. Section 00950 Change Order 8.2.20 Section 00955 Work Change Directive 8.2.21 Section 00960 Application for Payment 8.3. Specifications, Reports & Drawings, dated January 7, 2025 and consisting of a cover sheet and sheets numbered as follows: Attachment A DTC Re-Roof 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 Attn: Victor Trowbridge PO Box 580 Fort Collins, CO 80522 vtrowbridge@fcgov.com Attn: Purchasing Dept. PO Box 580 Fort Collins, CO 80522 purchasing@fcgov.com OWNER: CITY OF FORT COLLINS CONTRACTOR: [CONTRACTOR] By: By: Gerry Paul, Purchasing Director PRINTED Title: Date: Date: Attest: (CORPORATE SEAL) Attest: Approved as to Form: SECTION 00530 NOTICE TO PROCEED [Original Bid Number & Name] Description of Work: To: [CONTRACTOR] This notice is to advise you: That the CONTRACT covering the above described Work has been fully executed by the CONTRACTOR and the OWNER. That the required CONTRACTOR's Performance Bond and Payment Bond have been received by the OWNER. Therefore, as the CONTRACTOR for the above described Work, CONTRACTOR is hereby authorized and directed to proceed with the Work to begin on . The 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, 10111 DTC South Roofing Replacement. 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, 10111 DTC South Roofing Replacement. NOW, THEREFORE, if the PRINCIPAL shall make payment to all persons, firms, subcontractors, and corporations furnishing materials for or performing labor in the prosecution of the Work provided for in 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. Builder’s Risk. The CONTRACTOR shall maintain during the term of this CONTRACT builder’s risk insurance in the amount of full insurable replacement cost. The insurance shall: Be written on a builder’s risk “all risk” policy form that shall at least include insurance for physical loss or damage to the Work, temporary buildings, falsework, and materials and equipment in transit, and shall insure against at least the following perils or causes of loss: fire; lightning; windstorm; riot; civil commotion; terrorism; vehicle impact; aircraft; smoke; theft; vandalism and malicious mischief; earthquake and other earth movement; flood; collapse; explosion; debris removal; demolition; and water damage (other than that caused by flood). Cover, as insured property, at least the following: (a) the Work and all materials, supplies, machinery, apparatus, equipment, fixtures, and other property of a similar nature that are to be incorporated into or used in the preparation, fabrication, construction, erection, or completion of the Work, including OWNER-furnished or assigned property; (b) spare parts inventory required within the scope of the CONTRACT; and (c) temporary works which are not intended to form part of the permanent constructed Work but which are intended to provide working access to the Site, or to the Work under construction, or which are intended to provide temporary support for the Work under construction, including scaffolding, form work, fences, shoring, falsework, and temporary structures E. Subcontractors. In the event any work is performed by a subcontractor, the CONTRACTOR shall be responsible for any liability directly or indirectly arising out of the work performed under this CONTRACT by a subcontractor, which liability is not covered by the subcontractor's insurance. F. 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. G. 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: 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, [Project # and Name]. 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: 10111 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: [Project # and Name] 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-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-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-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-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-FED Federal Terms & Conditions A. The terms and conditions set forth in the following pages are hereby incorporated as part of this CONTRACT. In the event of a conflict between the Federal Terms & Conditions and other CONTRACT Documents, the Federal Terms & Conditions shall take precedence. 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. DAVIS BACON WAGE RATES "General Decision Number: CO20240024 12/20/2024 Superseded General Decision Number: CO20230024 State: Colorado Construction Type: Building County: Larimer County in Colorado. BUILDING CONSTRUCTION PROJECTS (does not include single family homes or apartments up to and including 4 stories). Note: Contracts subject to the Davis-Bacon Act are generally required to pay at least the applicable minimum wage rate required under Executive Order 14026 or Executive Order 13658. Please note that these Executive Orders apply to covered contracts entered into by the federal government that are subject to the Davis-Bacon Act itself, but do not apply to contracts subject only to the Davis-Bacon Related Acts, including those set forth at 29 CFR 5.1(a)(1). |If the contract is entered |. Executive Order 14026 | |into on or after January 30, | generally applies to the | |2022, or the contract is | contract. | |renewed or extended (e.g., an |. The contractor must pay | |option is exercised) on or | all covered workers at | |after January 30, 2022: | least $17.20 per hour (or | | | the applicable wage rate | | | listed on this wage | | | determination, if it is | | | higher) for all hours | | | spent performing on the | | | contract in 2024. | | | | |If the contract was awarded on|. Executive Order 13658 | |or between January 1, 2015 and| generally applies to the | |January 29, 2022, and the | contract. | |contract is not renewed or |. The contractor must pay all| |extended on or after January | covered workers at least | |30, 2022: | $12.90 per hour (or the | | | applicable wage rate listed| | | on this wage determination,| | | if it is higher) for all | | | hours spent performing on | | | that contract in 2024. | | | | The applicable Executive Order minimum wage rate will be adjusted annually. If this contract is covered by one of the Executive Orders and a classification considered necessary for performance of work on the contract does not appear on this wage determination, the contractor must still submit a conformance request. Additional information on contractor requirements and worker protections under the Executive Orders is available at http://www.dol.gov/whd/govcontracts. Modification Number Publication Date 0 01/05/2024 1 02/23/2024 2 07/05/2024 3 08/02/2024 4 09/06/2024 5 11/08/2024 6 11/22/2024 7 ELEC0068-002 06/01/2024 12/20/2024 Rates Fringes ELECTRICIAN......................$ 44.95 19.08 ELEV0025-001 01/01/2024 Rates Fringes ELEVATOR MECHANIC................$ 54.20 37.89 FOOTNOTE: a. Vacation: 6%/under 5 years based on regular hourly rate for all hours worked. 8%/over 5 years based on regular hourly rate for all hours worked. b. PAID HOLIDAYS: New Year's Day; Memorial Day; Independence Day; Labor Day; Veterans' Day; Thanksgiving Day; the Friday after Thanksgiving Day; and Christmas Day. ENGI0009-017 05/01/2024 Rates Fringes POWER EQUIPMENT OPERATOR (Crane) 141 tons and over...........$ 39.80 15.20 50 tons and under...........$ 35.78 15.20 51 to 90 tons...............$ 36.09 15.20 91 to 140 tons..............$ 37.34 15.20 IRON0024-009 11/01/2024 Rates Fringes IRONWORKER, ORNAMENTAL...........$ 39.21 12.50 * IRON0024-010 11/01/2024 Rates Fringes IRONWORKER, STRUCTURAL...........$ 39.21 12.50 PAIN0079-009 08/01/2022 Rates PAINTER (Spray)..................$ 25.11 Fringes 10.95 * PAIN0419-002 06/01/2022 Rates Fringes FLOOR LAYER: Carpet Only.........$ 16.25 ** 14.33 PLUM0003-010 06/01/2024 Rates Fringes PLUMBER (Excludes HVAC Duct and Pipe Installation)...........$ 45.43 20.15 PLUM0208-011 06/01/2024 Rates Fringes PIPEFITTER (Includes HVAC Pipe Installation; Excludes HVAC Duct Installation)..........$ 44.15 22.43 SHEE0009-007 07/01/2024 Rates Fringes SHEET METAL WORKER (Includes HVAC Duct Inst24allation; Excludes HVAC Pipe Installation). $ 39.47 21.78 * SUCO2013-010 07/31/2015 Rates Fringes ACOUSTICAL CEILING MECHANIC. $ 21.08 0.00 BRICKLAYER. $ 21.96 0.00 CARPENTER (Drywall Finishing/Taping Only). $ 17.49 0.00 CARPENTER (Drywall Hanging Only). $ 16.91 ** 0.00 CARPENTER, Excludes Acoustical Ceiling Installation, Drywall Finishing/Taping, and Drywall Hanging. $ 21.87 4.83 CEMENT MASON/CONCRETE FINISHER...$ 21.44 10.23 INSULATOR - MECHANICAL (Duct, Pipe & Mechanical System Insulation). $ 18.46 3.10 LABORER: Common or General. $ 13.87 ** 2.80 LABORER: Mason Tender - Brick...$ 15.99 ** 0.00 LABORER: Mason Tender - Cement/Concrete. $ 16.00 ** 0.00 LABORER: Pipelayer. $ 16.96 ** 3.68 OPERATOR: Backhoe/Excavator/Trackhoe. $ 20.78 5.78 OPERATOR: Bobcat/Skid Steer/Skid Loader. $ 18.58 2.42 OPERATOR: Grader/Blade. $ 21.50 0.00 PAINTER (Brush and Roller). $ 17.00 ** 1.81 ROOFER. $ 16.03 ** 0.00 TRUCK DRIVER: Dump Truck. $ 17.34 0.00 WELDERS - Receive rate prescribed for craft performing operation to which welding is incidental. ================================================================ ** Workers in this classification may be entitled to a higher minimum wage under Executive Order 14026 ($17.20) or 13658 ($12.90). Please see the Note at the top of the wage determination for more information. Please also note that the minimum wage requirements of Executive Order 14026 are not currently being enforced as to any contract or subcontract to which the states of Texas, Louisiana, or Mississippi, including their agencies, are a party. Note: Executive Order (EO) 13706, Establishing Paid Sick Leave for Federal Contractors applies to all contracts subject to the Davis-Bacon Act for which the contract is awarded (and any solicitation was issued) on or after January 1, 2017. If this contract is covered by the EO, the contractor must provide employees with 1 hour of paid sick leave for every 30 hours they work, up to 56 hours of paid sick leave each year. Employees must be permitted to use paid sick leave for their own illness, injury or other health- related needs, including preventive care; to assist a family member (or person who is like family to the employee) who is ill, injured, or has other health-related needs, including preventive care; or for reasons resulting from, or to assist a family member (or person who is like family to the employee) who is a victim of, domestic violence, sexual assault, or stalking. Additional information on contractor requirements and worker protections under the EO is available at https://www.dol.gov/agencies/whd/government-contracts. Unlisted classifications needed for work not included within the scope of the classifications listed may be added after award only as provided in the labor standards contract clauses (29CFR 5.5 (a) (1) (iii)). The body of each wage determination lists the classifications and wage rates that have been found to be prevailing for the type(s) of construction and geographic area covered by the wage determination. The classifications are listed in alphabetical order under rate identifiers indicating whether the particular rate is a union rate (current union negotiated rate), a survey rate, a weighted union average rate, a state adopted rate, or a supplemental classification rate. Union Rate Identifiers A four-letter identifier beginning with characters other than ""SU"", ""UAVG"", ?SA?, or ?SC? denotes that a union rate was prevailing for that classification in the survey. Example: PLUM0198-005 07/01/2024. PLUM is an identifier of the union whose collectively bargained rate prevailed in the survey for this classification, which in this example would be Plumbers. 0198 indicates the local union number or district council number where applicable, i.e., Plumbers Local 0198. The next number, 005 in the example, is an internal number used in processing the wage determination. The date, 07/01/2024 in the example, is the effective date of the most current negotiated rate. Union prevailing wage rates are updated to reflect all changes over time that are reported to WHD in the rates in the collective bargaining agreement (CBA) governing the classification. Union Average Rate Identifiers The UAVG identifier indicates that no single rate prevailed for those classifications, but that 100% of the data reported for the classifications reflected union rates. EXAMPLE: UAVG-OH-0010 01/01/2024. UAVG indicates that the rate is a weighted union average rate. OH indicates the State of Ohio. The next number, 0010 in the example, is an internal number used in producing the wage determination. The date, 01/01/2024 in the example, indicates the date the wage determination was updated to reflect the most current union average rate. A UAVG rate will be updated once a year, usually in January, to reflect a weighted average of the current rates in the collective bargaining agreements on which the rate is based. Survey Rate Identifiers The ""SU"" identifier indicates that either a single non-union rate prevailed (as defined in 29 CFR 1.2) for this classification in the survey or that the rate was derived by computing a weighted average rate based on all the rates reported in the survey for that classification. As a weighted average rate includes all rates reported in the survey, it may include both union and non-union rates. Example: SUFL2022-007 6/27/2024. SU indicates the rate is a single non- union prevailing rate or a weighted average of survey data for that classification. FL indicates the State of Florida. 2022 is the year of the survey on which these classifications and rates are based. The next number, 007 in the example, is an internal number used in producing the wage determination. The date, 6/27/2024 in the example, indicates the survey completion date for the classifications and rates under that identifier. ?SU? wage rates typically remain in effect until a new survey is conducted. However, the Wage and Hour Division (WHD) has the discretion to update such rates under 29 CFR 1.6(c)(1). State Adopted Rate Identifiers The ""SA"" identifier indicates that the classifications and prevailing wage rates set by a state (or local) government were adopted under 29 C.F.R 1.3(g)-(h). Example: SAME2023-007 01/03/2024. SA reflects that the rates are state adopted. ME refers to the State of Maine. 2023 is the year during which the state completed the survey on which the listed classifications and rates are based. The next number, 007 in the example, is an internal number used in producing the wage determination. The date, 01/03/2024 in the example, reflects the date on which the classifications and rates under the ?SA? identifier took effect under state law in the state from which the rates were adopted. WAGE DETERMINATION APPEALS PROCESS 1) Has there been an initial decision in the matter? This can be: a) a survey underlying a wage determination b) an existing published wage determination c) an initial WHD letter setting forth a position on a wage determination matter d) an initial conformance (additional classification and rate) determination On survey related matters, initial contact, including requests for summaries of surveys, should be directed to the WHD Branch of Wage Surveys. Requests can be submitted via email to davisbaconinfo@dol.gov or by mail to: Branch of Wage Surveys Wage and Hour Division U.S. Department of Labor 200 Constitution Avenue, N.W. Washington, DC 20210 Regarding any other wage determination matter such as conformance decisions, requests for initial decisions should be directed to the WHD Branch of Construction Wage Determinations. Requests can be submitted via email to BCWD-Office@dol.gov or by mail to: Branch of Construction Wage Determinations Wage and Hour Division U.S. Department of Labor 200 Constitution Avenue, N.W. Washington, DC 20210 2) If an initial decision has been issued, then any interested party (those affected by the action) that disagrees with the decision can request review and reconsideration from the Wage and Hour Administrator (See 29 CFR Part 1.8 and 29 CFR Part 7). Requests for review and reconsideration can be submitted via email to dba.reconsideration@dol.gov or by mail to: Wage and Hour Administrator U.S. Department of Labor 200 Constitution Avenue, N.W. Washington, DC 20210 The request should be accompanied by a full statement of the interested party's position and any information (wage payment data, project description, area practice material, etc.) that the requestor considers relevant to the issue. 3) If the decision of the Administrator is not favorable, an interested party may appeal directly to the Administrative Review Board (formerly the Wage Appeals Board). Write to: Administrative Review Board U.S. Department of Labor 200 Constitution Avenue, N.W. Washington, DC 20210. ================================================================ END OF GENERAL DECISION" FEDERAL TERMS & CONDITIONS FEDERAL TRANSIT ADMINISTRATION FEDERALLY REQUIRED AND OTHER MODEL CONTRACT CLAUSES 1. NO FEDERAL GOVERNMENT OBLIGATION TO THIRD PARTIES Applies to all FTA-Assisted Third-Party Contracts and Subcontracts. No Obligation by the Federal Government. 1. The Purchaser and Contractor acknowledge and agree that, notwithstanding any concurrence by the Federal Government in or approval of the solicitation or award of the underlying contract, absent the express written consent by the Federal Government, the Federal Government is not a party to this contract and shall not be subject to any obligations or liabilities to the Purchaser, Contractor, or any other party (whether or not a party to that contract) pertaining to any matter resulting from the underlying contract. 2. The Contractor agrees to include the above clause in each subcontract financed in whole or in part with Federal assistance provided by FTA. It is further agreed that the clause shall not be modified, except to identify the sub-contractor who will be subject to it provisions. 2. Records retentions and access to sites of performance Applies to all FTA-Assisted Third-Party Contracts and Subcontracts. 1. For a period of three years following Contract closing, the Contractor and its subcontractors shall maintain, preserve and make available to the City, the FTA Administrator, the Comptroller General of the United States, and any of their authorized representatives, access at all reasonable times to any books, documents, papers and records of Contractor which are directly pertinent to this Contract for the purposes of making audits, examinations, excerpts and transcriptions. Contractor also agrees, otherwise comply with 49 U.S.C. § 5325(g), and federal access to records requirements as set forth in the applicable U.S. DOT Common Rule. 2. The Contractor shall maintain and the City shall have the right to examine and audit all records and other evidence sufficient to reflect properly all prices, costs or rates negotiated and invoiced in performance of this Contract. This right of examination shall include inspection at all reasonable times of the Contractor’s offices engaged in performing the Contract. 3. If this Contract is completely or partially terminated, the Contractor shall make available the records relating to the work terminated until 3 years after any resulting final termination settlement. The Contractor shall make available records relating to appeals under the Disputes clause or to litigation or the settlement of claims arising under or relating to this Contract until such appeals, litigation, or claims are finally resolved. 4. Access to Records and Reports” applies with equal force and effect to any subcontractors hired by the Contractor to perform Work under this Contract. The Contractor shall insert this provision in all subcontracts under this Contract and require subcontractor compliance therewith. 5. Access to the Sites of Performance. The Recipient agrees to permit, and to require its Third Party Participants to permit, FTA to have access to the sites of performance of its Award, the accompanying Underlying Agreement, and any Amendments thereto, and to make site visits as needed in compliance with the U.S. DOT Common Rules. 6. Closeout. Closeout of the Award does not alter the record retention or access requirements of this section of this Master Agreement. 3. FEDERAL CHANGES Applies to all FTA-Assisted Third-Party Contracts and Subcontracts. Federal Changes - Contractor shall at all times comply with all applicable FTA regulations, policies, procedures and directives, including without limitation those listed directly or by reference in the Master Agreement between Purchaser and FTA, as they may be amended or promulgated from time to time during the term of this contract. Contractor's failure to so comply shall constitute a material breach of this contract. 4. CIVIL RIGHTS (EEO, TITLE VI & ADA) Applies to all FTA-Assisted Third-Party Contracts and Subcontracts. The following requirements apply to the underlying contract: a) The Recipient agrees that it must comply with applicable federal civil rights laws, regulations, requirements, and guidance, and follow applicable federal guidance, except as the Federal Government determines otherwise in writing. Therefore, unless a Recipient or a federal program, including the Tribal Transit Program or the Indian Tribe Recipient, is specifically exempted from a civil rights statute, FTA requires compliance with that civil rights statute, including compliance with equity in service. b) Nondiscrimination in Federal Public Transportation Programs. The Recipient agrees to, and assures that it and each Third-Party Participant, will: (1) Prohibit discrimination based on the basis of race, color, religion, national origin, sex, disability, or age. (2) Prohibit the: (a) Exclusion from participation in employment or a business opportunity for reasons identified in 49 U.S.C. § 5332, (b) Denial of program benefits in employment or a business opportunity identified in 49 U.S.C. § 5332, or (c) Discrimination, including discrimination in employment or a business opportunity identified in 49 U.S.C. § 5332. (3) Follow: (a) The most recent edition of FTA Circular 4702.1, “Title VI Requirements and Guidelines for Federal Transit Administration Recipients,” to the extent consistent with applicable federal laws, regulations, requirements, and guidance, and other applicable federal guidance that may be issued, but (b) FTA does not require an Indian Tribe to comply with FTA program- specific guidelines for Title VI when administering its Underlying Agreement supported with federal assistance under the Tribal Transit Program. c) Nondiscrimination – Title VI of the Civil Rights Act. The Recipient agrees to, and assures that each Third Party Participant, will: (1) Prohibit discrimination based on race, color, or national origin, (2) Comply with: (a) Title VI of the Civil Rights Act of 1964, as amended, 42 U.S.C. § 2000d et seq., (b) U.S. DOT regulations, “Nondiscrimination in Federally-Assisted Programs of the Department of Transportation – Effectuation of Title VI of the Civil Rights Act of 1964,” 49 C.F.R. part 21, and (c) Federal transit law, specifically 49 U.S.C. § 5332, and (3) Follow: (a) The most recent edition of FTA Circular 4702.1, “Title VI Requirements and Guidelines for Federal Transit Administration Recipients,” to the extent consistent with applicable federal laws, regulations, requirements, and guidance, (b) U.S. DOJ, “Guidelines for the enforcement of Title VI, Civil Rights Act of 1964,” 28 C.F.R. § 50.3, and (c) All other applicable federal guidance that may be issued. d) Equal Employment Opportunity. (1) Federal Requirements and Guidance. The Recipient agrees to, and assures that each Third Party Participant will, prohibit discrimination on the basis of race, color, religion, sex, or national origin, and: (a) Comply with Title VII of the Civil Rights Act of 1964, as amended, 42 U.S.C. § 2000e et seq., (b) Facilitate compliance with Executive Order No. 11246, “Equal Employment Opportunity,” as amended by Executive Order No. 11375, “Amending Executive Order No. 11246, Relating to Equal Employment Opportunity,” 42U.S.C. § 2000e note, (c) Comply with Federal transit law, specifically 49 U.S.C. § 5332, as stated in section a, and (d) Comply with FTA Circular 4704.1other applicable EEO laws and regulations, as provided in Federal guidance, including laws and regulations prohibiting discrimination on the basis of disability, except as the Federal Government determines otherwise in writing, (2) General. The Recipient agrees to: (a) Ensure that applicants for employment are employed and employees are treated during employment without discrimination on the basis of their: 1 Race, 2 Color, 3 Religion, 4 Sex, 5 Disability, 6 Age, or 7 National origin, (b) Take affirmative action that includes, but is not limited to: 1 Recruitment advertising, 2 Recruitment, 3Employment, 4 Rates of pay, 5 Other forms of compensation, 6 Selection for training, including apprenticeship, 7 Upgrading, 8 Transfers, 9 Demotions, 10 Layoffs, and 11 Terminations, but (b) Indian Tribe. Title VII of the Civil Rights Act of 1964, as amended, exempts Indian Tribes under the definition of "Employer". (3) Equal Employment Opportunity Requirements for Construction Activities. In addition to the foregoing, when undertaking “construction” as recognized by the U.S. Department of Labor (U.S. DOL), the Recipient agrees to comply, and assures the compliance of each Third Party Participant, with: (a) U.S. DOL regulations, “Office of Federal Contract Compliance Programs, September 2019 Equal Employment Opportunity, Department of Labor,” 41 C.F.R. chapter 60, and (b) Executive Order No. 11246, “Equal Employment Opportunity,” as amended by Executive Order No. 11375, “Amending Executive Order No. 11246, Relating to Equal Employment Opportunity,” 42U.S.C. § 2000e note. e) Disadvantaged Business Enterprise. To the extent authorized by applicable federal laws and regulations, the Recipient agrees to facilitate, and assures that each Third- Party Participant will facilitate, participation by small business concerns owned and controlled by socially and economically disadvantaged individuals, also referred to as “Disadvantaged Business Enterprises” (DBEs), in the Underlying Agreement as follows: (1) Statutory and Regulatory Requirements. The Recipient agrees to comply with: (a) Section 1101(b) of the FAST Act, 23 U.S.C. §101 note, (b) U.S. DOT regulations, “Participation by Disadvantaged Business Enterprises in Department of Transportation Financial Assistance Programs,” 49 C.F.R. part 26, and (c) Federal transit law, specifically 49 U.S.C. § 5332, as provided in section 12a of this Master Agreement. (2) DBE Program Requirements. A Recipient that receives planning, capital and/or operating assistance and that will award prime third-party contracts exceeding $250,000 in a federal fiscal year must have a DBE program meeting the requirements of 49 C.F.R. Part 26, which is approved by FTA, and establish an annual DBE participation goal. (3) Special Requirements for a Transit Vehicle Manufacturer (TVM). The Recipient agrees that: (a) TVM Certification. Each TVM, as a condition of being authorized to bid or propose on FTA-assisted transit vehicle procurements, must certify that it has complied with the requirements of 49 C.F.R. part 26, and (b) Reporting TVM Awards. Within 30 days of any third-party contract award for a vehicle purchase, the Recipient must submit to FTA the name of the TVM contractor and the total dollar value of the third-party contract and notify FTA that this information has been attached to FTA’s electronic award and management system, the Recipient must also submit subsequent notifications if options are exercised in subsequent years to ensure the TVM is still in good standing. (4) Assurance. As required by 49 C.F.R. § 26.13(a): (a) Recipient Assurance. The Recipient agrees and assures that: 1 It must not discriminate on the basis of race, color, national origin, or sex in the award and performance of any FTA or U.S. DOT-assisted contract, or in the administration of its DBE program or the requirements of 49 C.F.R. part 26, 2 It must take all necessary and reasonable steps under 49 C.F.R. part 26 to ensure nondiscrimination in the award and administration of U.S. DOT- assisted contracts, 3 Its DBE program, as required under 49 C.F.R. part 26 and as approved by U.S. DOT, is incorporated by reference and made part of the Underlying Agreement, and 4 Implementation of its DBE program approved by U.S. DOT is a legal obligation and failure to carry out its terms shall be treated as a violation of this Master Agreement. (b) Subrecipient/Third Party Contractor/Third Party Subcontractor Assurance. The Recipient agrees and assures that it will include the following assurance in each subagreement and third party contract it signs with a Subrecipient or Third Party Contractor and agrees to obtain the agreement of each of its Subrecipients, Third Party Contractors, and Third Party Subcontractors to include the following assurance in every subagreement and third party contract it signs: 1 The Subrecipient, each Third Party Contractor, and each Third Party Subcontractor must not discriminate on the basis of race, color, national origin, or sex in the award and performance of any FTA or U.S. DOT-assisted subagreement, third party contract, and third party subcontract, as applicable, and the administration of its DBE program or the requirements of 49 C.F.R. part 26, 2 The Subrecipient, each Third Party Contractor, and each Third Party Subcontractor must take all necessary and reasonable steps under 49 C.F.R. part 26 to ensure nondiscrimination in the award and administration of U.S. DOT-assisted subagreements, third party contracts, and third party subcontracts, as applicable, 3 Failure by the Subrecipient and any of its Third Party Contractors or Third Party Subcontractors to carry out the requirements of this subparagraph 13.d(4)(b) is a material breach of this subagreement, third party contract, or third party subcontract, as applicable, and 4 The following remedies, or such other remedy as the Recipient deems appropriate, include, but are not limited to, withholding monthly progress payments; assessing sanctions; liquidated damages; and/or disqualifying the Subrecipient, Third Party Contractor, or Third Party Subcontractor from future bidding as non-responsible. (5) Remedies. Upon notification to the Recipient of its failure to carry out its approved program, FTA or U.S. DOT may impose sanctions as provided for under 49 C.F.R. part 26, and, in appropriate cases, refer the matter for enforcement under either or both 18 U.S.C. § 1001, and/or the Program Fraud Civil Remedies Act of 1986, 31 U.S.C. § 3801 et seq. f) Nondiscrimination on the Basis of Sex. The Recipient agrees to comply with federal prohibitions against discrimination on the basis of sex, including: (1) Title IX of the Education Amendments of 1972, as amended, 20 U.S.C. § 1681 et seq., (2) U.S. DOT regulations, “Nondiscrimination on the Basis of Sex in Education Programs or Activities Receiving Federal Financial Assistance,” 49 C.F.R. part 25, and (3) Federal transit law, specifically 49 U.S.C. § 5332. g) Nondiscrimination on the Basis of Age. The Recipient agrees to comply with federal prohibitions against discrimination on the basis of age, including: (1) The Age Discrimination in Employment Act, 29 U.S.C. §§ 621 – 634, which prohibits discrimination on the basis of age, (2) U.S. Equal Employment Opportunity Commission (U.S. EEOC) regulations, “Age Discrimination in Employment Act,” 29 C.F.R. part 1625, (3) The Age Discrimination Act of 1975, as amended, 42 U.S.C. § 6101 et seq., which prohibits discrimination against individuals on the basis of age in the administration of Programs, Projects, and related activities receiving federal assistance, (4) U.S. Health and Human Services regulations, “Nondiscrimination on the Basis of Age in Programs or Activities Receiving Federal Financial Assistance,” 45 C.F.R. part 90, and (5) Federal transit law, specifically 49 U.S.C. § 5332. h) Nondiscrimination on the Basis of Disability. The Recipient agrees to comply with the following federal prohibitions against discrimination on the basis of disability: (1) Federal laws, including: (a) section 504 of the Rehabilitation Act of 1973, as amended, 29 U.S.C. § 794, which prohibits discrimination on the basis of disability in the administration of federally assisted Programs, Projects, or activities, (b) The Americans with Disabilities Act of 1990 (ADA), as amended, 42 U.S.C. § 12101 et seq., which requires that accessible facilities and services be made available to individuals with disabilities: 1 For FTA Recipients generally, Titles I, II, and III of the ADA apply, but 2 For Indian Tribes, Titles II and III of the ADA apply, but Title I of the ADA does not apply because it exempts Indian Tribes from the definition of “employer,” (c) The Architectural Barriers Act of 1968, as amended, 42 U.S.C. § 4151 et seq., which requires that buildings and public accommodations be accessible to individuals with disabilities, (d) Federal transit law, specifically 49 U.S.C. § 5332, which now includes disability as a prohibited basis for discrimination, and (e) Other applicable federal laws, regulations and requirements pertaining to access for seniors or individuals with disabilities. (2) Federal regulations, including: (a) U.S. DOT regulations, “Transportation Services for Individuals with Disabilities (ADA),” 49 C.F.R. part 37, (b) U.S. DOT regulations, “Nondiscrimination on the Basis of Disability in Programs and Activities Receiving or Benefiting from Federal Financial Assistance,” 49 C.F.R. part 27, (c) Joint U.S. Architectural and Transportation Barriers Compliance Board (U.S. ATBCB) and U.S. DOT regulations, “Americans With Disabilities (ADA) Accessibility Specifications for Transportation Vehicles,” 36 C.F.R. part 1192 and 49 C.F.R. part 38, (d) U.S. DOT regulations, “Transportation for Individuals with Disabilities: Passenger Vessels,” 49 C.F.R. part 39, (e) U.S. DOJ regulations, “Nondiscrimination on the Basis of Disability in State and Local Government Services,” 28 C.F.R. part 35, (f) U.S. DOJ regulations, “Nondiscrimination on the Basis of Disability by Public Accommodations and in Commercial Facilities,” 28 C.F.R. part 36, (g) U.S. EEOC, “Regulations to Implement the Equal Employment Provisions of the Americans with Disabilities Act,” 29 C.F.R. part 1630, (h) U.S. Federal Communications Commission regulations, “Telecommunications Relay Services and Related Customer Premises Equipment for Persons with Disabilities,” 47 C.F.R. part 64, Subpart F, (i) U.S. ATBCB regulations, “Electronic and Information Technology Accessibility Standards,” 36 C.F.R. part 1194, and (j) FTA regulations, “Transportation for Elderly and Handicapped Persons,” 49 C.F.R. part 609, and (k) Other applicable federal civil rights and nondiscrimination guidance. (i) Drug or Alcohol Abuse - Confidentiality and Other Civil Rights Protections. The Recipient agrees to comply with the confidentiality and civil rights protections of: (1) The Drug Abuse Office and Treatment Act of 1972, as amended, 21 U.S.C. § 1101 et seq., (2) The Comprehensive Alcohol Abuse and Alcoholism Prevention, Treatment and Rehabilitation Act of 1970, as amended, 42 U.S.C. § 4541 et seq., and (3) The Public Health Service Act, as amended, 42 U.S.C. §§ 290dd – 290dd-2. (j) Access to Services for Persons with Limited English Proficiency. The Recipient agrees to promote accessibility of public transportation services to persons with limited understanding of English by following: (1) Executive Order No. 13166, “Improving Access to Services for Persons with Limited English Proficiency,” August 11, 2000, 42 U.S.C. § 2000d-1 note, and (2) U.S. DOT Notice, “DOT Policy Guidance Concerning Recipients’ Responsibilities to Limited English Proficiency (LEP) Persons,” 70 Fed. Reg. 74087, December 14, 2005. (k) Other Nondiscrimination Laws, Regulations, Requirements, and Guidance. The Recipient agrees to comply with other applicable federal nondiscrimination laws, regulations, and requirements, and follow federal guidance prohibiting discrimination. (l) Remedies. Remedies for failure to comply with applicable federal Civil Rights laws, regulations, requirements, and guidance may be enforced as provided in those federal laws, regulations, or requirements. (m) Free Speech and Religious Liberty. The recipient shall ensure that Federal funding is expended in full accordance with the U.S. Constitution, Federal Law, and statutory and public policy requirements: including, but not limited to, those protecting free speech, religious liberty, public welfare, the environment, and prohibiting discrimination. 5. INCORPORATION OF FEDERAL TRANSIT ADMINISTRATION (FTA) TERMS (Per FTA C 4330.1F) Applies to all FTA-Assisted Third-Party Contracts and Subcontracts. Incorporation of Federal Transit Administration (FTA) Terms - The preceding provisions include, in part, certain Standard Terms and Conditions required by DOT, whether or not expressly set forth in the preceding contract provisions. All contractual provisions required by DOT, as set forth in FTA Circular 4220.1F, are hereby incorporated by reference. Anything to the contrary herein notwithstanding, all FTA mandated terms shall be deemed to control in the event of a conflict with other provisions contained in this Agreement. The Contractor shall not perform any act, fail to perform any act, or refuse to comply with any City requests which would cause the City to be in violation of the FTA terms and conditions. 6. ENERGY CONSERVATION REQUIREMENTS Applies to all FTA-Assisted Third-Party Contracts and Subcontracts. Energy Conservation - The contractor agrees to comply with mandatory standards and policies relating to energy efficiency which are contained in the state energy conservation plans under the Energy Policy and Conservation Act, as amended 42 U.S.C. § 6321, et. seq., and perform an energy assessment for any building constructed, reconstructed, or modified with federal assistance required under FTA regulations, “Requirements for Energy Assessments,” 49 CFR Part 622, subpart C. 7. Veterans employment Applies to all FTA-Assisted Third-Party Contracts and Subcontracts. Veterans Employment. As provided by 49 U.S.C. § 5325(k): To the extent practicable, the contractor agrees and assures that each of its subcontractors: 1. Will give a hiring preference to veterans (as defined in 5 U.S.C. § 2108), who have the skills and abilities required to perform construction work required under a third-party contract in connection with a capital project supported with funds made available or appropriated for 49 U.S.C. chapter 53, and 2. Will not require an employer to give a preference to any veteran over any equally qualified applicant who is a member of any racial or ethnic minority, female, an individual with a disability, or a former employee. 8. Prohibition on certain telecommunications and video surveillance services or equipment (2 CFR §200.216) Applies to all FTA-Assisted Third-Party Contracts and Subcontracts. Contractor is prohibited from using equipment, services, or systems that uses covered telecommunications equipment or services as a substantial or essential component of any system, or as critical technology as part of any system. As described in Public Law 115-232, section 889, covered telecommunications equipment is telecommunications equipment produced by Huawei Technologies Company or ZTE Corporation (or any subsidiary or affiliate of such entities). a. For the purpose of public safety, security of government facilities, physical security surveillance of critical infrastructure, and other national security purposes, video surveillance and telecommunications equipment produced by Hytera Communications Corporation, Hangzhou Hikvision Digital Technology Company, or Dahua Technology Company (or any subsidiary or affiliate of such entities). b. Telecommunications or video surveillance services provided by such entities or using such equipment. c. Telecommunications or video surveillance equipment or services produced or provided by an entity that the Secretary of Defense, in consultation with the Director of the National Intelligence or the Director of the Federal Bureau of Investigation, reasonably believes to be an entity owned or controlled by, or otherwise connected to, the government of a covered foreign country. 9. TERMINATION Provisions (appendix II to Part 200) Applies to all contracts except micro-purchases. a. Termination for Convenience. The City may terminate this Contract, in whole or in part, for any reason, upon five (5) days written notice to the Contractor. In such event, the City shall pay the Contractor its costs, including reasonable Contract close-out costs, and profit on Work performed up to the time of termination. The Contractor shall promptly submit its termination claim to the City to be paid the Contractor. If the Contractor has any property in its possession belonging to the City, the Contractor will account for the same, and dispose of it in a manner the City directs. b. Termination for Breach. Either Party’s failure to perform any of its material obligations under this Contract, in whole or in part or in a timely or satisfactory manner, will be a breach. The institution of proceedings under any bankruptcy, insolvency, reorganization or similar law, by or against Contractor, or the appointment of a receiver or similar officer for Contractor or any of its property, which is not vacated or fully stayed within thirty (30) days after the institution of such proceeding, will also constitute a breach. In the event of a breach, the non-breaching Party may provide written notice of the breach to the other Party. If the notified Party does not cure the breach, at its sole expense, within thirty (30) days after delivery of notice, the non-breaching Party may exercise any of its remedies provided under this Contract or at law, including immediate termination of the Contract. 10. GOVERNMENT-WIDE DEBARMENT AND SUSPENSION Applies to all contracts and subcontracts exceeding $25,000. Suspension and Debarment Executive. The contractor attests that it is not listed on the government-wide exclusions in the System for Award Management (SAM). The Contractor agrees to the following: (a) It will comply with the requirements of 2 C.F.R. part 180, subpart C, as adopted and supplemented by U.S. DOT regulations at 2 C.F.R. part 1200, which include the following: (a) It will not enter into any arrangement to participate in the development or implementation of the Project with any Third Party Participant that is debarred or suspended except as authorized by: 1 U.S. DOT regulations, “Non-procurement Suspension and Debarment,” 2 C.F.R. part 1200, 2 U.S. OMB, “Guidelines to Agencies on Government wide Debarment and Suspension (Non-procurement),” 2 C.F.R. part 180, including any amendments thereto, and 3 Executive Orders Nos. 12549 and 12689, “Debarment and Suspension,” 31 U.S.C. § 6101 note, (b) It will review the U.S. GSA “System for Award Management,” https://www.sam.gov, if required by U.S. DOT regulations, 2 C.F.R. part 1200, and (c) It will include, and require each of its Third Party Participants to include, a similar provision in each lower tier covered transaction, ensuring that each lower tier Third Party Participant: 1 Will comply with Federal debarment and suspension requirements, and 2 Reviews the “System for Award Management” at https://www.sam.gov, if necessary to comply with U.S. DOT regulations, 2 C.F.R. part 1200, and (b) If the Recipient suspends, debars, or takes any similar action against a Third-Party Participant or individual, the Recipient will provide immediate written notice to the: (a) FTA Regional Counsel for the Region in which the Recipient is located or implements the Project, (b) FTA Project Manager if the Project is administered by an FTA Headquarters Office, or (c) FTA Chief Counsel. 11. NOTICE TO FTA AND U.S. DOT INSPECTOR GENERAL OF INFORMATION RELATED TO FRAUD, WASTE, ABUSE OR OTHER LEGAL MATTERS Applies to all contracts and subcontracts exceeding $25,000. The prime contractor is required to “flow down” this requirement to subcontractors. a. If a current or prospective legal matter that may affect the Federal Government emerges, the Recipient must promptly notify the FTA Chief Counsel and FTA Regional Counsel for the Region in which the Recipient is located. The Recipient must include a similar notification requirement in its Third Party Agreements and must require each Third Party Participant to include an equivalent provision in its subagreements at every tier, for any agreement that is a “covered transaction” according to 2 C.F.R. §§ 180.220 and 1200.220. 1. The types of legal matters that require notification include, but are not limited to, a major dispute, breach, default, litigation, or naming the Federal Government as a party to litigation or a legal disagreement in any forum for any reason. 2. Matters that may affect the Federal Government include, but are not limited to, the Federal Government’s interests in the Award, the accompanying Underlying Agreement, and any Amendments thereto, or the Federal Government’s administration or enforcement of federal laws, regulations, and requirements. 3. Additional Notice to U.S. DOT Inspector General. The Recipient must promptly notify the U.S. DOT Inspector General in addition to the FTA Chief Counsel or Regional Counsel for the Region in which the Recipient is located, if the Recipient has knowledge of potential fraud, waste, or abuse occurring on a Project receiving assistance from FTA. The notification provision applies if a person has or may have submitted a false claim under the False Claims Act, 31 U.S.C. § 3729, et seq., or has or may have committed a criminal or civil violation of law pertaining to such matters as fraud, conflict of interest, bid rigging, misappropriation or embezzlement, bribery, gratuity, or similar misconduct involving federal assistance. This responsibility occurs whether the Project is subject to this Agreement or another agreement between the Recipient and FTA, or an agreement involving a principal, officer, employee, agent, or Third Party Participant of the Recipient. It also applies to subcontractors at any tier. Knowledge, as used in this paragraph, includes, but is not limited to, knowledge of a criminal or civil investigation by a Federal, state, or local law enforcement or other investigative agency, a criminal indictment or civil complaint, or probable cause that could support a criminal indictment, or any other credible information in the possession of the Recipient. In this paragraph, “promptly” means to refer information without delay and without change. This notification provision applies to all divisions of the Recipient, including divisions tasked with law enforcement or investigatory functions. b. Federal Interest in Recovery. The Federal Government retains the right to a proportionate share of any proceeds recovered from any third party, based on the percentage of the federal share for the Underlying Agreement. Notwithstanding the preceding sentence, the Recipient may return all liquidated damages it receives to its Award Budget for its Underlying Agreement rather than return the federal share of those liquidated damages to the Federal Government, provided that the Recipient receives FTA’s prior written concurrence. c. Enforcement. The Recipient must pursue its legal rights and remedies available under any third party agreement or any federal, state, or local law or regulation. 12. BYRD ANTI-LOBBYING amendment (31 u.s.c. 1352) Applies to all contracts exceeding $100,000. Byrd Anti-Lobbying Amendment (31 U.S.C. 1352). Contractor attests that it has filed the required certification under the Byrd Anti-Lobbying Amendment. Contractor attests that it has certified that it will not and has not used Federal appropriated funds to pay any person or organization for influencing or attempting to influence an officer or employee of any agency, a member of Congress, officer or employee of Congress, or an employee of a member of Congress in connection with obtaining any Federal Contract, grant or any other award covered by 31 U.S.C. 1352. Contractor further attests that it has disclosed, and will continue to disclose, any lobbying with non-Federal funds that takes place in connection with obtaining any Federal award. If contract exceeds $100,000 the contractor is required to sign the attached certification. 13. BUILD AMERICA, BUY AMERICA REQUIREMENTS Applies to contracts exceeding $150,000 (When tangible property of construction is acquired.) Build America – Construction materials used in the Project are subject to the domestic preference requirement of the Build America, Buy America Act, Pub. L. 117-58, div. G, tit. IX, §§70911 – 70927 (2021), as implemented by the U.S. Office of Management and Budget, the U.S. Department of Transportation, and FTA. The Recipient acknowledges that this agreement is neither a waiver of § 70914(a) nor a finding under § 70914(b). Buy America – The domestic preference requirements of 49 U.S.C. § 5323(j), and FTA regulations, “Buy America Requirements,” 49 CFR Part 661, to the extent consistent with 49 U.S.C. 5323(j) apply to this contract. Uniform Administrative Requirements. Compliance with FTA’s Buy America requirements shall be deemed to satisfy 2 CFR § 200.322, “Domestic Preference for Procurements”. Limitations on Certain Rolling Stock Procurements. The contractor will comply with the limitations on certain rolling stock procurements at 49 U.S.C. § 5323(u). If contract exceeds $150,000, the contractor is required to sign the attached certification, except those subject to a general waiver. 14. CLEAN AIR and Federal Water Pollution Control Act Applies to all contracts exceeding $150,000. Clean Air Act (42 U.S.C. 7401-7671q.) and the Federal Water Pollution Control Act (33 U.S.C. 1251-1387), as amended. a. All parties agree to comply with all applicable standards, orders or regulations issued pursuant to the Clean Air Act (42 U.S.C. 7401-7671q) and the Federal Water Pollution Control Act as amended (33 U.S.C. 1251-1387). All parties shall report violations to the Federal awarding agency and the Regional Office of the Environmental Protection Agency (EPA). b. The Contractor agrees to report each violation to the City and understands and agrees that the City will, in turn, report each violation as required to assure notification to the Federal Emergency Management Agency, and the appropriate Environmental Protection Agency Regional Office. c. The Contractor agrees to include these requirements in each subcontract exceeding $150,000 financed in whole or in part with Federal funds. 15. ADMINISTRATIVE, CONTRACTUAL, OR LEGAL REMEDIES OR BREACH – (Appendix II to Part 200) Applies to all contracts over $250,000. Breach. Any breach of the Contract by Contractor shall be governed by the termination and remedies provisions of the Contract. Additionally, in the event that the City incurs damages as a result of Contractor’s breach, the City may pursue recovery of such damages from Contractor. The City further retains the right to seek specific performance of the Contract at any time as authorized by law. The City further retains the right to otherwise pursue any remedies available to the City as a result of the Contractor’s breach, including but not limited to administrative, Contractual, or legal remedies, as well as any applicable sanctions and penalties. Remedies for Non-Performance. If Contractor fails to perform any of its obligations under this Contract, the City may, at its sole discretion, exercise one or more of the following remedies, which shall survive expiration or termination of this Contract: a. Suspend Performance: The City may require the Contractor to suspend performance of all or any portion of the Work pending necessary corrective action specified by the City and without entitling Contractor to an increase in compensation or extension of the performance schedule. Contractor must promptly stop performance and incurring costs upon delivery of a notice of suspension by the City. b. Withhold Payment Pending Corrections: The City may permit Contractor to correct any rejected Work at the City ’s discretion. Upon City ’s request, Contractor must correct rejected Work at Contractor’s sole expense within the time frame established by the City. Upon completion of the corrections satisfactory to the City, City will remit payment to Contractor. c. Deny Payment: City may deny payment for any Work that does not comply with the requirements of the Contract or that Contractor otherwise fails to provide or complete, as determined by the City in its sole discretion. Upon City request, Contractor will promptly refund any amounts prepaid by the City with respect to such non-compliant Work. d. Removal: Upon City ’s request, Contractor will remove any of its employees or agents from performance of the Work, if the City, in its sole discretion, deems any such person to be incompetent, careless, unsuitable, or otherwise unacceptable. 16. CARGO PREFERENCE REQUIREMENTS Applies to purchases of property suitable for shipment by ocean vessel. Cargo Preference - Use of United States-Flag Vessels - The contractor agrees comply with the shipping requirements of 46 U.S.C. § 55305, and U.S. Maritime Administration regulations, “Cargo Preference – U.S.-Flag Vessels,” 46 CFR Part 381. 17. FLY AMERICA REQUIREMENTS Applies to property or persons transported by air between U.S. and foreign destinations, or between foreign locations. Fly America Requirements. The contractor agrees to air transportation requirements of Section 5 of the International Air Transportation Fair Competitive Practices Act of 1974, as amended, 49 U.S.C. § 40118, and U.S. General Services Administration (U.S. GSA) regulations, “Use of United States Flag Air Carriers,” 41 C.F.R. §§ 301-10.131 – 301-10.143. 18. DAVIS-BACON Act (Appendix II to Part 200) Applies to all prime construction contracts in excess of $2,000. Davis-Bacon Act, as amended (40 U.S.C. 3141-3148). Contractor must fully comply with the Davis-Bacon Act (40 U.S.C. 3141-3144, and 3146-3148) as supplemented by Department of Labor regulations (29 CFR Part 5, “Labor Standards Provisions Applicable to Contracts Covering Federally Financed and Assisted Construction”). In accordance therewith, Contractor must pay wages to laborers and mechanics at a rate not less than the prevailing wages specified in a wage determination made by the Secretary of Labor. In addition, Contractors must be required to pay wages not less than once a week. The applicable Davis-Bacon Wage Determination is attached hereto. 19. COPELAND ANTI-KICKBACK ACTS (Appendix II to Part 200) Applies to all prime construction contracts in excess of $2,000. Copeland “Anti-Kickback” Act (40 U.S.C. 3145). Contractor must fully comply with the Copeland “Anti-Kickback” Act (40 U.S.C. 3145), as supplemented by Department of Labor regulations (29 CFR Part 3, “Contractors and Subcontractors on Public Building or Public Work Financed in Whole or in Part by Loans or Grants from the United States”). Pursuant to the Act, Contractor is prohibited from inducing, by any means, any person employed in the construction, completion, or repair of public work, to give up any part of the compensation to which he or she is otherwise entitled. The City shall report all suspected or reported violations of the Copeland “Anti-Kickback” Act to the Federal awarding agency. 20. CONTRACT WORK HOURS AND SAFETY STANDARDS ACT (Appendix II to Part 200) Applies to all contracts over $100,000 that involve the employment of mechanics or laborers. Contractor must fully comply with the Contract Work Hours and Safety Standard Act (40 U.S.C. 3701-3708), including 40 U.S.C. 3702 and 3704, as supplemented by Department of Labor regulations (29 CFR Part 5). Under 40 U.S.C. 3702 of the Act, Contract is required to compute the wages of every mechanic and laborer on the basis of a standard work week of 40 hours. Work in excess of the standard work week is permissible provided that the worker is compensated at a rate of not less than one and a half times the basic rate of pay for all hours worked in excess of 40 hours in the work week. The requirements of 40 U.S.C. 3704 are applicable to construction work and provide that no laborer or mechanic must be required to work in surroundings or under working conditions which are unsanitary, hazardous or dangerous. These requirements do not apply to the purchases of supplies or materials or articles ordinarily available on the open market, or Contracts for transportation or transmission of intelligence. a. Overtime requirements. No contractor or subcontractor contracting for any part of the contract work which may require or involve the employment of laborers or mechanics shall require or permit any such laborer or mechanic in any workweek in which he or she is employed on such work to work in excess of forty hours in such workweek unless such laborer or mechanic receives compensation at a rate not less than one and one- half times the basic rate of pay for all hours worked in excess of forty hours in such workweek. b. Violation; liability for unpaid wages; liquidated damages. In the event of any violation of the clause set forth in paragraph (a) of this section the contractor and any subcontractor responsible therefor shall be liable for the unpaid wages. In addition, such contractor and subcontractor shall be liable to the United States (in the case of work done under contract for the District of Columbia or a territory, to such District or to such territory), for liquidated damages. Such liquidated damages shall be computed with respect to each individual laborer or mechanic, including watchmen and guards, employed in violation of the clause set forth in paragraph (a) of this section, in the sum of $26 for each calendar day on which such individual was required or permitted to work in excess of the standard workweek of forty hours without payment of the overtime wages required by the clause set forth in paragraph (a) of this section. c. Withholding for unpaid wages and liquidated damages. The FEMA shall upon its own action or upon written request of an authorized representative of the Department of Labor withhold or cause to be withheld, from any moneys payable on account of work performed by the contractor or subcontractor under any such contract or any other Federal contract with the same prime contractor, or any other federally-assisted contract subject to the Contract Work Hours and Safety Standards Act, which is held by the same prime contractor, such sums as may be determined to be necessary to satisfy any liabilities of such contractor or subcontractor for unpaid wages and liquidated damages as provided in the clause set forth in paragraph (b) of this section. d. Subcontracts. The contractor or subcontractor shall insert in any subcontracts the clauses set forth in paragraph (a) through (d) of this section and also a clause requiring the subcontractors to include these clauses in any lower tier subcontracts. The prime contractor shall be responsible for compliance by any subcontractor or lower tier subcontractor with the clauses set forth in paragraphs (a) through (d) of this section. 21. BONDING REQUIREMENTS (2 crf 200.326) Applies to construction or facility improvement contracts or subcontracts exceeding the Simplified Acquisition Threshold ($250,000). Except where the Federal awarding agency or pass-through entity has made a determination that alternative bonding policy and requirements adequately protect the Federal interest, Contractor agrees to comply with the following minimum bonding requirements: a. Contractor must provide a bid guarantee equivalent to five percent of the bid price. The "bid guarantee" must consist of a firm commitment such as a bid bond, certified check, or other negotiable instrument accompanying a bid as assurance that the Contractor will, upon acceptance of the bid, execute such Contractual documents as may be required within the time specified. b. Contractor must provide a performance bond on the part of the Contractor for 100 percent of the Contract price. A "performance bond" is one executed in connection with a Contract to secure fulfillment of all the Contractor's obligations under such Contract. c. Contractor must provide a payment bond on the part of the Contractor for 100 percent of the Contract price. A "payment bond" is one executed in connection with a Contract to assure payment as required by law of all persons supplying labor and material in the execution of the work provided for in the Contract. 22. Equal Employment opportunity (Appendix II to Part 200) Applies to all contracts that meet the definition of “federally assisted construction contract”. Equal Employment Opportunity. Contractor agrees to comply with the Equal Opportunity Clause provided under 41 CFR 60-1.4(a) (Government Contracts) and 41 CFR 60-1.4(b) (Federal Assisted Construction Contracts), in accordance with Executive Order 11246, “Equal Employment Opportunity” (30 FR 12319, 12935, 3 CFR Part, 1964-1965 Comp., p. 339), as amended by Executive Order 11375, “Amending Executive Order 11246 Relating to Equal Employment Opportunity,” and implementing regulations at 41 CFR part 60, “Office of Federal Contract Compliance Programs, Equal Employment Opportunity, Department of Labor.” Contractor further agrees to include this provision, including the Equal Opportunity Clause or a reference thereto, in any subcontracts it enters into pursuant to the Contract. During the performance of this Contract, the Contractor agrees as follows: (1) The Contractor will not discriminate against any employee or applicant for employment because of race, color, religion, sex, sexual orientation, gender identity, or national origin. The Contractor will take affirmative action to ensure that applicants are employed, and that employees are treated during employment without regard to their race, color, religion, sex, sexual orientation, gender identity, or national origin. Such action shall include, but not be limited to the following: Employment, upgrading, demotion, or transfer; recruitment or recruitment advertising; layoff or termination; rates of pay or other forms of compensation; and selection for training, including apprenticeship. The Contractor agrees to post in conspicuous places, available to employees and applicants for employment, notices to be provided setting forth the provisions of this nondiscrimination clause. (2) The Contractor will, in all solicitations or advertisements for employees placed by or on behalf of the Contractor, state that all qualified applicants will receive consideration for employment without regard to race, color, religion, sex, sexual orientation, gender identity, or national origin. (3) The Contractor will not discharge or in any other manner discriminate against any employee or applicant for employment because such employee or applicant has inquired about, discussed, or disclosed the compensation of the employee or applicant or another employee or applicant. This provision shall not apply to instances in which an employee who has access to the compensation information of other employees or applicants as a part of such employee's essential job functions discloses the compensation of such other employees or applicants to individuals who do not otherwise have access to such information, unless such disclosure is in response to a formal complaint or charge, in furtherance of an investigation, proceeding, hearing, or action, including an investigation conducted by the employer, or is consistent with the Contractor's legal duty to furnish information. (4) The Contractor will send to each labor union or representative of workers with which he has a collective bargaining agreement or other Contract or understanding, a notice to be provided advising the said labor union or workers' representatives of the Contractor's commitments under this section, and shall post copies of the notice in conspicuous places available to employees and applicants for employment. (5) The Contractor will comply with all provisions of Executive Order 11246 of September 24, 1965, and of the rules, regulations, and relevant orders of the Secretary of Labor. (6) The Contractor will furnish all information and reports required by Executive Order 11246 of September 24, 1965, and by rules, regulations, and orders of the Secretary of Labor, or pursuant thereto, and will permit access to his books, records, and accounts by the administering agency and the Secretary of Labor for purposes of investigation to ascertain compliance with such rules, regulations, and orders. (7) In the event of the Contractor's noncompliance with the nondiscrimination clauses of this Contract or with any of the said rules, regulations, or orders, this Contract may be canceled, terminated, or suspended in whole or in part and the Contractor may be declared ineligible for further Government Contracts or federally assisted construction Contracts in accordance with procedures authorized in Executive Order 11246 of September 24, 1965, and such other sanctions may be imposed and remedies invoked as provided in Executive Order 11246 of September 24, 1965, or by rule, regulation, or order of the Secretary of Labor, or as otherwise provided by law. (8) The Contractor will include the portion of the sentence immediately preceding paragraph (1) and the provisions of paragraphs (1) through (8) in every subContract or purchase order unless exempted by rules, regulations, or orders of the Secretary of Labor issued pursuant to section 204 of Executive Order 11246 of September 24, 1965, so that such provisions will be binding upon each subcontractor or vendor. The Contractor will take such action with respect to any subContract or purchase order as the administering agency may direct as a means of enforcing such provisions, including sanctions for noncompliance: Provided, however, that in the event a Contractor becomes involved in, or is threatened with, litigation with a subcontractor or vendor as a result of such direction by the administering agency, the Contractor may request the United States to enter into such litigation to protect the interests of the United States. The applicant further agrees that it will be bound by the above equal opportunity clause with respect to its own employment practices when it participates in federally assisted construction work: Provided, that if the applicant so participating is a State or local government, the above equal opportunity clause is not applicable to any agency, instrumentality or subdivision of such government which does not participate in work on or under the Contract. The applicant agrees that it will assist and cooperate actively with the administering agency and the Secretary of Labor in obtaining the compliance of Contractors and subcontractors with the equal opportunity clause and the rules, regulations, and relevant orders of the Secretary of Labor, that it will furnish the administering agency and the Secretary of Labor such information as they may require for the supervision of such compliance, and that it will otherwise assist the administering agency in the discharge of the agency's primary responsibility for securing compliance. The applicant further agrees that it will refrain from entering into any Contract or Contract modification subject to Executive Order 11246 of September 24, 1965, with a Contractor debarred from, or who has not demonstrated eligibility for, Government Contracts and federally assisted construction Contracts pursuant to the Executive Order and will carry out such sanctions and penalties for violation of the equal opportunity clause as may be imposed upon Contractors and subcontractors by the administering agency or the Secretary of Labor pursuant to Part II, Subpart D of the Executive Order. In addition, the applicant agrees that if it fails or refuses to comply with these undertakings, the administering agency may take any or all of the following actions: Cancel, terminate, or suspend in whole or in part this grant (Contract, loan, insurance, guarantee); refrain from extending any further assistance to the applicant under the program with respect to which the failure or refund occurred until satisfactory assurance of future compliance has been received from such applicant; and refer the case to the Department of Justice for appropriate legal proceedings. (9) [Reserved] (c) Subcontracts. Each nonexempt prime Contractor or subcontractor shall include the equal opportunity clause in each of its nonexempt subcontracts. (d) Inclusion of the equal opportunity clause by reference. The equal opportunity clause may be included by reference in all Government Contracts and subcontracts, including Government bills of lading, transportation requests, Contracts for deposit of Government funds, and Contracts for issuing and paying U.S. savings bonds and notes, and such other Contracts and subcontracts as the Director of OFCCP may designate. (e) Incorporation by operation of the order. By operation of the order, the equal opportunity clause shall be considered to be a part of every Contract and subContract required by the order and the regulations in this part to include such a clause whether or not it is physically incorporated in such Contracts and whether or not the Contract between the agency and the Contractor is written. (f) Adaptation of language. Such necessary changes in language may be made in the equal opportunity clause as shall be appropriate to identify properly the parties and their undertakings. 23. SEISMIC SAFETY REQUIREMENTS Applies to contracts for construction of new buildings or additions to existing buildings. Seismic Safety - The contractor agrees that any new building or addition to an existing building will be designed and constructed in accordance with the standards for Seismic Safety required in Department of Transportation Seismic Safety Regulations 49 CFR Part 41 and will certify to compliance to the extent required by the regulation. The contractor also agrees to ensure that all work performed under this contract including work performed by a subcontractor is in compliance with the standards required by the Seismic Safety Regulations and the certification of compliance issued on the project. 24. SPECIAL DOL CLAUSE Applies to contracts for construction exceeding $10,000. 41 CFR Part 60 – See Section 15 – Contract Clause Civil Rights Requirements 25. NONCONSTRUCTION EMPLOYEE PROTECTION (CONTRACT WORK HOURS AND SAFETY STANDARDS ACT) Applies to all turnkey, rolling stock and operational contracts (excluding contracts for transportation services exceeding $100,000. The contractor agrees to comply and assures that each subcontractor will comply with all federal laws, regulations, and requirements providing wage and hour protections for nonconstruction employees, including Section 102 of the Contract Work Hours and Safety Standards Act, as amended, 40 U.S.C. § 3702, and other relevant parts of that Act, 40 U.S.C. § 3701, et seq., and U.S. DOL regulations, “Labor Standards Provisions Applicable to Contracts Covering Federally Financed and Assisted Construction (also Labor Standards Provisions Applicable to Nonconstruction Contracts Subject to the Contract Work Hours and Safety Standards Act),” 29 CFR Part 5. 26. TRANSIT EMPLOYEE PROTECTIVE ARRANGEMENTS Applies to all Contracts for transit operations except micro-purchases. (1) The Contractor agrees to comply with applicable transit employee protective requirements as follows: a) General Transit Employee Protective Requirements - To the extent that FTA determines that transit operations are involved, the Contractor agrees to carry out the transit operations work on the underlying contract in compliance with terms and conditions determined by the U.S. Secretary of Labor to be fair and equitable to protect the interests of employees employed under this contract and to meet the employee protective requirements of 49 U.S.C. A 5333(b), and U.S. DOL guidelines at 29 C.F.R. Part 215, and any amendments thereto. These terms and conditions are identified in the letter of certification from the U.S. DOL to FTA applicable to the ITP's project from which Federal assistance is provided to support work on the underlying contract. The Contractor agrees to carry out that work in compliance with the conditions stated in that U.S. DOL letters. The requirements of this subsection (1), however, do not apply to any contract financed with Federal assistance provided by FTA either for projects for elderly individuals and individuals with disabilities authorized by 49 U.S.C. § 5310(a)(2), or for projects for nonurbanized areas authorized by 49 U.S.C. § 5311. Alternate provisions for those projects are set forth in subsections (b) and (c) of this clause. b) Transit Employee Protective Requirements for Projects Authorized by 49 U.S.C.§ 5310(a)(2) for Elderly Individuals and Individuals with Disabilities - If the contract involves transit operations financed in whole or in part with Federal assistance authorized by 49 U.S.C. § 5310(a)(2), and if the U.S. Secretary of Transportation has determined or determines in the future that the employee protective requirements of 49 U.S.C. § 5333(b) are necessary or appropriate for the state and the public body subrecipient for which work is performed on the underlying contract, the Contractor agrees to carry out the Project in compliance with the terms and conditions determined by the U.S. Secretary of Labor to meet the requirements of 49 U.S.C. § 5333(b), U.S. DOL guidelines at 29 C.F.R. Part 215, and any amendments thereto. These terms and conditions are identified in the U.S. DOL's letter of certification to FTA, the date of which is set forth Grant Agreement or Cooperative Agreement with the state. The Contractor agrees to perform transit operations in connection with the underlying contract in compliance with the conditions stated in that U.S. DOL letter. c) Transit Employee Protective Requirements for Projects Authorized by 49 U.S.C. § 5311 in Nonurbanized Areas - If the contract involves transit operations financed in whole or in part with Federal assistance authorized by 49 U.S.C. § 5311, the Contractor agrees to comply with the terms and conditions of the Special Warranty for the Nonurbanized Area Program agreed to by the U.S. Secretaries of Transportation and Labor, dated May 31, 1979, and the procedures implemented by U.S. DOL or any revision thereto. (2) The Contractor also agrees to include the any applicable requirements in each subcontract involving transit operations financed in whole or in part with Federal assistance provided by FTA. 27. CHARTER SERVICES Applies to all contract for Operational Services except micro-purchases. Charter Service Operations - The contractor agrees that neither it nor any Third-Party Participant involved in the contract will engage in charter service, except as permitted under federal transit laws, specifically 49 U.S.C. § 5323(d), (g), and (r), FTA regulations, “Charter Service,” 49 CFR Part 604, any other federal Charter Service regulations, federal requirements, or federal guidance from the provision of mass transportation. 28. SCHOOL BUS operations Applies to all contract for Operational Services except micro-purchases. School Bus Operations - Recipient agrees that neither it nor any Third Party Participant that is participating in its Award will engage in school bus operations exclusively for the transportation of students or school personnel in competition with private school bus operators, except as permitted by federal transit laws, 49 U.S.C. § 5323(f) or (g), FTA regulations, “School Bus Operations,” 49 CFR Part 605, and any other applicable federal “School Bus Operations” laws, regulations, requirements, or applicable federal guidance. 29. DRUG AND ALCOHOL TESTING Applies to all Operational Services contracts except micro-purchases. Drug and Alcohol Testing The contractor agrees to (select one option): Option 1 Participate in the City’s drug and alcohol program established in compliance with 49 CFR 653 and 654. Option 2 The contractor agrees to establish and implement a drug and alcohol testing program that complies with 49 CFR Parts 653 and 654, produce any documentation necessary to establish its compliance with Parts 653 and 654, and permit any authorized representative of the United States Department of Transportation or its operating administrations, the State Oversight Agency of (name of State), or the (insert name of grantee), to inspect the facilities and records associated with the implementation of the drug and alcohol testing program as required under 49 CFR Parts 653 and 654 and review the testing process. The contractor agrees further to certify annually its compliance with Parts 653 and 654 before (insert date) and to submit the Management Information System (MIS) reports before (insert date before March 15) to (insert title and address of person responsible for receiving information). To certify compliance the contractor shall use the "Substance Abuse Certifications" in the "Annual List of Certifications and Assurances for Federal Transit Administration Grants and Cooperative Agreements," which is published annually in the Federal Register. Option 3 The contractor agrees to establish and implement a drug and alcohol testing program that complies with 49 CFR Parts 653 and 654, produce any documentation necessary to establish its compliance with Parts 653 and 654, and permit any authorized representative of the United States Department of Transportation or its operating administrations, the State Oversight Agency of (name of State), or the (insert name of grantee), to inspect the facilities and records associated with the implementation of the drug and alcohol testing program as required under 49 CFR Parts 653 and 654 and review the testing process. The contractor agrees further to certify annually its compliance with Parts 653 and 654 before (insert date) and to submit the Management Information System (MIS) reports before (insert date before March 15) to (insert title and address of person responsible for receiving information). To certify compliance the contractor shall use the "Substance Abuse Certifications" in the "Annual List of Certifications and Assurances for Federal Transit Administration Grants and Cooperative Agreements," which is published annually in the Federal Register. The Contractor agrees further to [Select a, b, or c] (a) submit before (insert date or upon request) a copy of the Policy Statement developed to implement its drug and alcohol testing program; OR (b) adopt (insert title of the Policy Statement the recipient wishes the contractor to use) as its policy statement as required under 49 CFR 653 and 654; OR (c) submit for review and approval before (insert date or upon request) a copy of its Policy Statement developed to implement its drug and alcohol testing program. In addition, the contractor agrees to: (to be determined by the recipient, but may address areas such as: the selection of the certified laboratory, substance abuse professional, or Medical Review Officer, or the use of a consortium). 30. RIGHTS TO INVENTIONS MADE UNDER A CONTRACT OR AGREEMENT Appendix II to Part 200 Applies to “funding agreement” under 37 CFR Part §401.2(a) Rights to Inventions Made Under a Contract or Contract. For Contracts entered into by the Contractor or the City with a small business firm or nonprofit organization regarding the substitution of parties, assignment or performance of experimental, developmental, or research work under that “funding agreement,” the parties must comply with the requirements of 37 CFR Part 401, “Rights to Inventions Made by Nonprofit Organizations and Small Business Firms Under Government Grants, Contracts and Cooperative Contracts,” and any implementing regulations issued by the awarding agency. 31. DISADVANTAGED BUSINESS ENTERPRISE (DBE) & PROMPT PAYMENT (49 CFR Part 26) Applies to contracts awarded on the basis of a bid or proposal offering to use DBEs. Disadvantaged Business Enterprises a. This contract is subject to the requirements of Title 49, Code of Federal Regulations, Part 26, Participation by Disadvantaged Business Enterprises in Department of Transportation Financial Assistance Programs. The agency’s overall goal for DBE participation is 2.29%. A contract goal of 0 % DBE participation has been established for this procurement. b. The contractor shall not discriminate on the basis of race, color, national origin, or sex in the performance of this contract. The contractor shall carry out applicable requirements of 49 CFR Part 26 in the award and administration of this DOT-assisted contract. Failure by the contractor to carry out these requirements is a material breach of this contract, which may result in the termination of this contract or such other remedy as the City of Fort Collins deems appropriate. Each subcontract the contractor signs with a subcontractor must include the assurance in this paragraph (see 49 CFR 26.13(b)). c. The successful bidder/offeror will be required to report its DBE participation obtained through race-neutral means throughout the period of performance. 32. PROMPT PAYMENT and return of retainage Applies to all contracts except micro-purchases. The contractor is required to pay its subcontractors performing work related to this contract for satisfactory performance of that work no later than 30 days after the contractor’s receipt of payment for that work from the City. In addition, the contractor may not hold retainage from its subcontractors. The contractor must promptly notify the City whenever a DBE subcontractor performing work related to this contract is terminated or fails to complete its work and must make good faith efforts to engage another DBE subcontractor to perform at least the same amount of work. The contractor may not terminate any DBE subcontractor and perform that work through its own forces or those of an affiliate without prior written consent of the City. See Contract Section 00965 Prompt Payment Certification form which must be completed with each pay application. 33. 6002 OF THE SOLID WASTE DISPOSAL ACT (2 CFR 200.322) Applies to all contracts except micro-purchases. Recovered Materials - All parties agree to comply with all applicable requirements of Section 6002 of the Solid Waste Disposal Act, as amended by the Resource Conservation and Recovery Act. The requirements of Section 6002 include procuring only items designated in guidelines of the Environmental Protection Agency (EPA) at 40 CFR part 247 that contain the highest percentage of recovered materials practicable, consistent with maintaining a satisfactory level of competition, where the purchase price of the item exceeds $10,000 or the value of the quantity acquired during the preceding fiscal year exceeded $10,000; procuring solid waste management services in a manner that maximizes energy and resource recovery; and establishing an affirmative procurement program for procurement of recovered materials identified in the EPA guidelines. a. In the performance of this contract, the Contractor shall make maximum use of products containing recovered materials that are EPA-designated items unless the product cannot be acquired: • Competitively within a timeframe providing for compliance with the contract performance schedule; • Meeting contract performance requirements; or • At a reasonable price. b. Information about this requirement, along with the list of EPA-designated items, is available at EPA’s Comprehensive Procurement Guidelines web site: https://www.epa.gov/smm/comprehensive-procurement-guideline-cpg-program 34. ADA ACCESS Applies to contracts for rolling stock or facilities construction/renovation 1. The City must comply with 49 U.S.C. § 5332, which states the Federal policy that elderly individuals and individuals with disabilities have the same right as other individuals to use public transportation services and facilities, and that special efforts shall be made in planning and designing those services and facilities to implement transportation accessibility rights for elderly individuals and individuals with disabilities; all applicable provisions of section 504 of the Rehabilitation Act of 1973, as amended, 29 U.S.C. § 794, which prohibits discrimination on the basis of disability; the Americans with Disabilities Act of 1990 (ADA), as amended; 42 U.S.C. § 12101 et seq., which requires that accessible facilities and services be made available to individuals with disabilities; and the Architectural Barriers Act of 1968, as amended, 42 U.S.C. § 4151 et seq., which requires that buildings and public accommodations be accessible to individuals with disabilities. 2. All deliverable items deliverable items provided by the contractor for the City under this contract shall comply with the above-referenced laws as well as all other applicable federal, state and local regulations and directives and any subsequent amendments 35. ASSIGNABILITY Applies to all contracts except micro-purchases. Neither the City nor the Contractor shall assign or transfer any of its rights or obligations hereunder without the prior written consent of the other. 36. CITY OF FORT COLLINS BID PROTEST PROCEDURES Applies to all contracts except micro-purchases. The City of Fort Collins has a protest procedure, covering any phase of solicitation or award, including but not limited to specification or award. The protest procedures are available from the Purchasing Department, City of Fort Collins, 215 N. Mason, Street, 2nd Floor, P. O. Box 580, Fort Collins, CO. 80522. You may also request a copy of the procedures by emailing: Purchasing@fcgov.com or calling 970-221-6775. 37. Title VI of the Civil Rights Act of 1964 Applies to all contracts except micro-purchases. The sub-grantee, contractor, subcontractor, successor, transferee, and assignee shall comply with Title VI of the Civil Rights Act of 1964, which prohibits recipients of federal financial assistance from excluding from a program or activity, denying benefits of, or otherwise discriminating against a person on the basis of race, color, or national origin (42 U.S.C. § 2000d et seq.), as implemented by the Department of the Treasury’s Title VI regulations, 31 CFR Part 22, which are herein incorporated by reference and made a part of this contract (or agreement). Title VI also includes protection to persons with “Limited English Proficiency” in any program or activity receiving federal financial assistance, 42 U.S.C. § 2000d et seq., as implemented by the Department of the Treasury’s Title VI regulations, 31 CFR Part 22, and herein incorporated by reference and made a part of this contract or agreement. 38. Increasing Seat Belt Use in the United States Applies to all contracts except micro-purchases. Pursuant to Executive Order 13043, 62 FR 19217 (Apr. 18, 1997), the City encourages its contractors to adopt and enforce on-the-job seat belt policies and programs for their employees when operating company-owned, rented, or personally owned vehicles. 39. Reducing Text Messaging While Driving Applies to all contracts except micro-purchases. Pursuant to Executive Order 13513, 74 FR 51225 (Oct. 6, 2009), the City encourages its employees, subrecipients, and contractors to adopt and enforce policies that ban text messaging while driving, and the City has established workplace safety policies to decrease accidents caused by distracted drivers. SECTION 00900 CHANGE ORDERS AND PAYMENT 00950 Change Order 00955 Work Change Directive 00960 Application for Payment SECTION 00950 CHANGE ORDER NO. PROJECT TITLE: [Project # and Name] 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: Name CONTRACTOR: Name ENGINEER: Name 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 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 Application for Payment has been completed in accordance with the CONTRACT Documents, that all accounts have been paid for Work for which previous Applications for Payment were issued and payments received, In accordance with the CONTRACT Documents, based on site observations and the data comprising the above Application, the ENGINEER certifies to the OWNER that the Work has progressed to the point indicated; that to the best of its knowledge, information and belief, the quality of the Work is generally in accordance with the CONTRACT Documents, and that the CONTRACTOR is entitled to payment of the amount requested herein subject to any set-offs set forth on the attached exhibit. Work Completed Work Completed Work Completed Stored This Month To Date Materials Total Period Billed