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HomeMy WebLinkAboutRFP - 7184 DISCOVERY MUSEUM EXHIBIT FABRICATIONRequest for Proposals DISCOVERY MUSEUM EXHIBIT FABRICATION RFP 7184 PROPOSAL DUE DATE: 3:00 p.m. (our clock) December 6, 2010 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 2 REQUEST FOR PROPOSAL 7184 Discovery Museum Exhibit Fabrication On behalf of the Partnership between the Discovery Science Center and the Fort Collins Museum, the City of Fort Collins is seeking qualifications and the best possible exhibit fabrication services for the exhibits designed for the new Discovery Museum. Written proposals, nine (9) will be received at the City of Fort Collins' Purchasing Division, 215 North Mason St., 2nd floor, Fort Collins, Colorado 80524. Proposals will be received before 3:00 p.m. (our clock), December 6, 2010. Proposal No.7184. If delivered, they are to be sent to 215 North Mason Street, 2nd Floor, Fort Collins, Colorado 80524. If mailed, the address is P.O. Box 580, Fort Collins, 80522-0580. Proposing teams or members must have experience on Museum and Science Center projects of similar size and must also display significant interactive exhibit fabrication experience within the last five years. In order to provide the most fair and objective judgment in the selection process, no telephone communications regarding the scope of the project will be answered by the City, Partnership staff or Board or our exhibit designer, Gyroscope. City of Fort Collins’ staff will not hold individual meetings with any prospective proposers. Questions concerning the scope of the proposal will be addressed to the following individuals. Questions regarding the proposal submittal process should be directed to John Stephen, CPPO, LEED AP (970) 221-6777 or jstephen@fcgov.com. Questions regarding the project should be directed to Ron Kechter, PE, Facilities Project Manager (970) 221-6805 or rkechter@fcgov.com. A copy of the Proposal may be obtained as follows: 1. Download the Proposal/Bid from the BuySpeed Webpage, www.fcgov.com/eprocurement 2. Come by Purchasing at 215 North Mason St., 2nd floor, Fort Collins, and request a copy of the Bid. The City of Fort Collins is subject to public information laws, which permit access to most records and documents. Proprietary information in your response must be clearly identified and will be protected to the extent legally permissible. Proposals may not be marked ‘Proprietary’ in their entirety. Information considered proprietary is limited to material treated as confidential in the normal conduct of business, trade secrets, discount information, and individual product or service pricing. Summary price information may not be designated as proprietary as such information may be carried forward into other public documents. All provisions of any contract resulting from this request for proposal will be public information. 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 3 Sales Prohibited/Conflict of Interest: No officer, employee, or member of City Council, shall have a financial interest in the sale to the City of any real or personal property, equipment, material, supplies or services where such officer or employee exercises directly or indirectly any decision-making authority concerning such sale or any supervisory authority over the services to be rendered. This rule also applies to subcontracts with the City. Soliciting or accepting any gift, gratuity favor, entertainment, kickback or any items of monetary value from any person who has or is seeking to do business with the City of Fort Collins is prohibited. Collusive or sham proposals: Any proposal deemed to be collusive or a sham proposal will be rejected and reported to authorities as such. Your authorized signature of this proposal assures that such proposal is genuine and is not a collusive or sham proposal. The City of Fort Collins reserves the right to reject any and all proposals and to waive any irregularities or informalities. Sincerely, James B. O'Neill II, CPPO, FNIGP Director of Purchasing & Risk Management 4 TABLE OF CONTENTS CHAPTER 1 - GENERAL INFORMATION .................................................................... 4-5 CHAPTER 2 - OBJECTIVES ......................................................................................... 6-7 CHAPTER 3 – QUALIFICATION REQUIREMENTS ..................................................... 8-9 CHAPTER 4 - PROPOSAL EVALUATION CRITERIA .............................................. 10-14 CHAPTER 5 – EXAMPLE AGREEMENT ...................................................................... 15- 5 CHAPTER 1 – GENERAL INFORMATION 1. GENERAL On behalf of the Partnership, the City of Fort Collins is seeking qualifications and the best possible exhibit fabrication services for the exhibits designed for the new Discovery Museum. The facility design has allocated 16,000 sq. ft. of interior exhibit space of the 47,500 sq. ft. facility and has 38,400 sq. ft. for possible exterior exhibits. The exhibit fabrication may be phased, based on the funds available and the pledges and funds that are yet to be secured. The site is located on the East side of Martinez Park at the North end of Mason Street. The Discovery Museum combines the Fort Collins Museum and the Discovery Science Center into an integrated interactive and artifact based Museum. The new Museum will have exhibits that interpret: Music and Sound; Early Childhood; Live Animals; Wildlife and Wildlands; First Peoples; Food, Forage and Farm; People on the Move; Water; Energy and Sustainability; Science; Natural Areas; and Outdoor Programming. 2. REQUIREMENTS The City desires the best possible exhibit fabrication services for the project. The successful team will be responsible for ALL disciplines required for the engineering, cost estimating, and fabrication services necessary for completion of the exhibits for this project. The successful team will be responsible for meeting all state and local licensing requirements. The standards referenced and included in this RFP are intended to establish the expectations the City has for this project regarding quality of materials, workmanship and performance. 3. TEAM BUILDING The City desires a successful project for everyone involved. The City would like to create an environment where trust and teamwork prevent disputes, foster a cooperative bond to everyone’s benefit, and facilitate the completion of a successful project. City, Partnership and Gyroscope staffs will work with the exhibit fabrication team closely on a day to day basis as members of an integrated project team. 4. EXHIBIT FABRICATOR SELECTION PROCESS The exhibit fabricator selection process will be completed in two phases: Step I: Selection by Qualifications The City will issue a “Request for Proposal” (RFP) and select the top ranked exhibit fabrication teams based upon the quality and experience of the team. In Step I, the selection committee will evaluate the submitting Teams’ qualifications only. The following information is attached: a. Discovery Museum Exhibit Master Plan, dated 10/11/10 b. Discovery Museum Project Milestone Schedule dated 10/26/10 Step II: Selection of the Exhibit Fabrication Team The City will transmit to the selected teams the following: a. 75% Exhibit Final Design Report - Design Description. b. 75% Exhibit Final Design Drawings c. 75% Exhibit Final Design Report - Media Treatment d. 100% Discovery Museum Construction Documents – Selected Architectural and MEP Drawings 6 e. Following is the proposed schedule for the selection process: (will change) STEP I DATE Select Top Ranked Fabricators January 7, 2011 STEP II DATE Submit Information to Top Ranked Fabricators January 7, 2011 Exhibit Fabricators Telephone Conference January 24-26, 2011 Receive Exhibit Fabrication Proposals February 21, 2011 Interviews with Top Ranked Fabricators March 10-11, 2011 Select Exhibit Fabricator March 14, 2011 Exhibit Fabricator Pricing for 100% Final Design April 1, 2011 Notice to Proceed Exhibit Fabrication Team April 15, 2011 Exhibit Fabrication and Installation Complete March 2, 2012 5. PURCHASING RESTRICTIONS The proposer’s authorized signature on the proposal assures the team’s compliance with City of Fort Collins’ purchasing restrictions. A copy of the restrictions is available for review in the Purchasing and Risk Management Division or the City Clerk’s Office. City of Fort Collins’ Resolution 91-121 requires that suppliers and producers of cement, or products containing cement, certify that the cement was not made in cement kilns that burn hazardous waste as fuel. 6. STATE TAXATION The City of Fort Collins is exempt from all state taxation including state sales and use taxes. 7 CHAPTER 2 – OBJECTIVES 1. DESCRIPTION The proposed project is for the fabrication and installation of exhibits designed to be housed in 16,000 sq. ft. of the interior space and 38,400 sq. ft of exterior space of the Discovery Museum Facility. The exhibits will be a major part of the Facility that will serve the Fort Collins Museum and Discovery Science Center Partnership, which will include a lobby, exhibit space, digital dome theater, administration, gift store, archive and collections storage and all common areas. 2. IMAGE Project Positive Image to the Community a. Convey sense of community pride. b. Approachable feel. c. Relevant and current. d. Useful and efficient. e. Fits well into site/environment. f. Connects the indoors and outdoors experiences. g. Attractive for visitors. 3. FLEXIBILITY/DURABILITY b. Plan for changes. c. Maximize use of re-locatable/reusable/recyclable products. d. Maintain “modular” space standards that will enable exhibit change-outs. e. Plan for future expansion. 4. Reduce On-Going Operation, Maintenance and Repair Costs a. Reduce operating costs to the maximum extent feasible. b. Reduce need to repair or replace equipment and materials. c. Use materials that prolong the useful service life of the exhibit. d. Ensure equipment and corresponding distribution network is accessible for serviceability. e. Consider maintenance costs in the life cycle analyses of equipment, systems and materials. 5. Sustainability It is the intent that this project earns enough credits using the US Green Building Council’s (USGBC) LEED™ Green Building Rating System to earn at least a “Gold” certification. In this context, it is desired that particular attention be given to optimizing the efficiency of the exhibits. 6. Sustainable Theme for Science/Cultural Education While the new Museum is an ideal application for sustainability, the full benefits are diminished if the facility is not used to help visitors gain knowledge about sustainability. Through hands on science, visitors can understand interrelationships between science, technology, and human activity and how they can affect the world. Looking at cultural examples, visitors can learn what has worked positively and detrimentally; we can learn from our past and what is relevant to our community today. Many facilities have been designed and built “green”, but few offer immersive and interactive insights to expose the knowledge and methods through which the public can learn. This Museum will provide an up-to-date exposition of practices and ideas to reveal the progress of 8 sustainability. Sustainability offers long-term cost savings in operations and maintenance, an opportunity for a superior visitor experience, and reinforces commitment to living conscientiously and reflecting values of the community. These are not competing interests, but goals that can be achieved simultaneously through a Museum that will:  enhance the visitor experience  teach principles and methods of sustainable design  harmonize with the natural landscape – the outdoors is a functional programming space for nature, environment, and other topics  provide high quality lighting and lessen museum fatigue  consume less energy and use renewable energy  conserve materials and natural resources  showcase newer technologies  provide visitors the highest level of visitation and education experience in heritage and science as related to our culture, region and community  for each sustainable choice, illustrate not only the contribution to sustainability, but what key conflict was considered in adoption. Present this in the exhibit to have visitors question, think and learn about the decision process  incorporate material sources into the teaching  reflect the national curriculum standards 7. EXHIBIT FABRICATION SERVICES Provide concrete evidence that your team can provide the services necessary to complete the fabrication and installation of the exhibits designed by the Exhibit Designer - Gyroscope. 8. EXHIBITS BUDGET The budget for the fabrication and installation of the exhibits is in excess of $4,000,000. The exhibit fabrication may be phased, based on the funds available and the pledges and funds that are yet to be secured. 9 CHAPTER 3 – QUALIFICATION REQUIREMENTS Only Teams that have the requisite experience and qualifications are encouraged to submit proposals. 1. EXHIBIT FABRICATION PROJECTS FOR MUSEUM AND SCIENCE FACILITIES Provide a brief project description and history for exhibit fabrication and installation projects, similar in scope to this project, completed in the last 5 years. Due to the breadth and depth of this exhibit project, it may be necessary for the applicant to contract with other exhibit fabrication firms that have specific expertise. Include the following information: a. Project description that includes the project name, firms that comprised the exhibit fabrication team and gross square footage of exhibits. b. Project history that includes the original schedule agreed upon at the time of signing the contract and the actual duration of exhibit fabrication. c. Project budget information that includes the cost at the time of signing the contract, and the final cost. d. Methodology for controlling project cost and schedule for each phase of the project. e. Names, addresses and telephone numbers of project owners. 2. FINANCIAL CAPABILITY Applicants must have the financial capacity to absorb project start-up costs, as well as to maintain the day-to-day working financial aspects of the organizational structure. Provide the following information: a. Bonding company. Provide the name, address and phone number of the firm’s bonding agent. Provide a letter from the bonding agent indicating the firm’s bonding capacity is adequate to undertake this work. b. Identify project financial arrangements. c. Any pending or outstanding claims or judgments. d. References from banking and credit institutions with whom business has been conducted. e. Insurance company. Provide the name, address and phone number of the firm’s insurance agent(s). Provide certificate of insurance outlining coverage and policy limits. Can this coverage be extended for work on this project? Can coverage be increased? Can the City be listed as an additional insured? Are there any current claims that will affect coverage limits available to the City for this project? f. Banking reference. Provide the name, address and phone number of the firm’s banking reference. 3. MANAGEMENT EXPERIENCE AND CAPABILITY Applicants must have strong project team leadership capability and relevant management experience, for exhibit fabrication services. Provide information on: a. Recent (within the past 5 years) examples of management of projects that required management organization, skills, and expertise, similar to those required by this project. b. Approaches used to cut costs when estimated costs exceed the budget. 4. TEAM MEMBER EXPERIENCE Describe the level of participation in the projects listed above by key staff proposed for this project. Provide information regarding each team member’s professional licensure. 10 5. TEAM BUILDING Describe the firm’s experience with team building, either formal or informal. Highlight any team building experience by key staff proposed for the project. Address in this section all projects completed in the last five years on a negotiated contract basis and give details and references. 6. UNIQUE CAPABILITIES Describe any unique capabilities/experience the proposed key staff will bring to this project. How will their experience benefit this project? 7. SAFETY RECORD Safety is our highest priority during the fabrication and installation process. Provide the firm’s current Workman’s Compensation Experience Modification Rate (EMR) Insurance multiplier for the last 3 years, OSHA Safety Citations, if any, and the most recent OSHA 300 Form. Outline your company’s safety program and any additional information that would be useful in showing your approach to a safe work site. Unsafe conditions with respect to the public, owner, fabricator, consultants and subcontractors are not an option. 8. SUBCONTRACTORS Based on the description of the work in this request, describe subcontractors that you have working relationships with that will be used on this project. 9. AGREEMENT COMMENTS The Exhibit Fabrication team is expected to sign the agreement (Chapter 7). Any exceptions to the agreement must be stated with your submission of qualifications for this project. The City makes no guarantees it will change the agreement, but will consider the exceptions. 10. COST FACTORS Establish in detail the factors which will be used in determining the final negotiated price for this contract. These factors shall be comprehensive in establishing all costs to be applied to direct project labor and materials in determining the fabrication cost. Commitments shall include:  Overhead and profit (combined) margin for general office activities on the base bid cost.  Overhead and profit (combined) margin for other office activities on the base bid cost.  Markup on subcontractor exhibit fabricators work by the Prime Contractor.  Markup on materials and equipment on the base bid cost.  Markup on project labor or materials to determine the final contract price.  Change order markup, including supervision, labor and material markups, and overhead and profit percentages, as a percent of labor and materials cost for any changes in the work following contract award.  You MUST submit the above requested information.  Your firm is expected and required to have a completely open book policy on all pricing of work. 11 CHAPTER 4 – PROPOSAL EVALUATION CRITERIA 1. PROCUREMENT PROCESS This is a two-step procurement process. Firms will be judged on the following rating criteria. 2. STEP 1 The selection committee will evaluate the submitting Teams’ qualifications only. The output of this step is to select minimum three Exhibit Fabrication Teams to go on to Step II. Proposals will be evaluated on the following criteria. These criteria will be the basis for review of the written proposal. The rating scale is from 1 to 5, with 1 being a poor rating, 3 being an average rating, and 5 being an outstanding rating. Weighting Factor Criteria Standard 3.0 Team Capability/ Experience Does the team have the capability and experience to fabricate and install exhibits of this type and scope? Does the team have the proven ability to design highly interactive exhibits, as well as, exhibits that house fragile artifacts? Does the team have the skills needed to manage the project? Are sufficient people of the requisite skills assigned to the project? 2.0 Assigned Personnel Has the team identified the personnel that will work on the project? 2.0 Sustainable Design Has the team completed work on sustainable or LEED projects? 1.0 Schedule/Availability Can the target completion date be met? Are other qualified personnel available to assist in meeting the project schedule, if required? Is the project team available to attend meetings as required by services outlined for this project? 1.0 Motivation Is the team interested and motivated to perform the work in the required time frame? 1.0 Safety Has the team performed well, meeting all safety requirements. 12 3. STEP II 1. PROPOSAL FORMAT AND CONTENT The Exhibit Fabrication Teams that are selected to proceed to the costing process are required to provide the following information. The proposal shall remain subject to acceptance for 90 days after the proposal due date. Submit proposals in an 8-1/2” x 11” binder, organized as outlined below. Nine (9) copies shall be submitted. Each page must be numbered. It is the responsibility of each team to include any information necessary to adequately respond to each section. Failure to supply the required information may result in rejection of the proposal. Any proprietary information submitted shall be clearly identified and placed in a separate section of the proposal. Proposers may include any additional information they feel would supplement the submittal. Include such supplemental information within an appendix. 2. CONTENT a. COVER PAGE Include a signed page with the following information at the front end of the proposal. Name of team and address Telephone number Fax number E-mail address Name and Title of individual signing for the team Signature Date The Guaranteed Maximum Price to the City b. TABLE OF CONTENTS Include a table of contents identifying the various sections of the proposal. c. STATEMENT OF UNDERSTANDING Provide a written description of the project scope and objectives as you understand them to be from the request for proposal. Provide a written description of the scope of services the team will provide to best meet the needs of the project. d. TEAM ORGANIZATION AND MANAGEMENT PLAN Provide a clear and descriptive organizational chart. Identify all firms and key personnel including, but not limited to, the names of consulting firms, project managers, and superintendents that are members of the team. Describe their project roles and responsibilities and their reporting accountability. Show how the team will be managed, including internal, sub-consultant, and sub-contractor management. Describe the work to be performed by each firm that is a member of the team. e. PROJECT EXPERIENCE AND QUALIFICATIONS Provide the information requested in Chapter 3, Qualification Requirements, regarding exhibit fabrication and installation projects that encompass a wide variety of exhibit experiences, financial capability, management experience and capability, team member experience, partnering, and any unique capabilities the team may have. 13 In addition, provide legal evidence of the team’s form of business, i.e.: corporation, partnership, joint venture, or sole proprietor. Provide the legal business address, contact person, and phone number for each firm that is part of the team. Provide evidence that the team has the capacity to bond or otherwise insure the entire project concurrently with current and anticipated workloads. Teams selected for interviews may be asked to provide a copy of the team’s, or each firm’s, latest financial statement. f. KEY PERSONNEL Provide a one-page resume for each individual listed on the organizational chart. List the individual’s firm, position, project experience, education, and license or registration. g. PROJECT COST, SCHEDULE, AND QUALITY CONTROL Describe the methods/process the team will take to establish and control the costs, schedule, and quality of the work during each phase of the project. Indicate periods of owner participation. Explain the methods that will be used to insure delivery of a project that meets or exceeds the contract documents or the City’s needs. h. GUARANTEED MAXIMUM PRICE Establish in detail the cost for general conditions, general and administrative overhead and fabrication fees. i. SCHEDULE Provide a Gantt chart schedule that includes dates for fabrication and installation of the various exhibits, substantial completion and final completion. j. PROPOSAL SECURITY Each proposal must be accompanied by a Proposal Security made payable to the City of Fort Collins in the amount of 5% of the Guaranteed Maximum Price. The required security must be in the form of a certified or bank cashier’s check, or a Bid Bond on the attached form. A surety meeting the requirements of the General Conditions for surety bonds must execute the Bid Bond. The successful Proposer’s Proposal Security will be retained until such Proposer has executed the Agreement and furnished the required contract security, whereupon the Proposal Security will be returned. If the successful Proposer fails to execute and deliver the Agreement and furnish the required contract security within 15 days of the Notice of Award, the City may annul the Notice of Award and the Proposal Security of that Proposer will be forfeited. k. PROPRIETARY INFORMATION Include any information that you consider proprietary in this section. l. APPENDIX Include any supplemental information you want to submit in this section. m. EXHIBIT FABRICATORS TELEPHONE CONFERENCE The purpose of this telephone conference is to allow the Exhibit Fabrication Teams to have the opportunity to dialogue with the Exhibits Designer, Gyroscope and the Museum Staff to ascertain the full scope of the exhibits to be fabricated and the requirements for installation. It is intended that each conference call will be a 14 maximum of 3 hours duration. Go to Meeting will be utilized to enhance the dialogue. n. INTERVIEW Each selected Exhibit Fabrication Team will have an interview with the Evaluation Committee on one of the dates outlined in the schedule. Each Team will have the opportunity to make a presentation for 25 minutes, which will be followed by a question and answer period conducted by the Evaluation Committee that will be 30 minutes, which will be followed by a wrap-up by the Team of 5 minutes. Thereby, the interview will be a maximum of 60 minutes. o. SELECTION Selection of one Exhibit Fabrication Team is the output of Step II. The following criteria will be used for evaluation of the Teams. The rating scale will be from 1 to 5, with 1 being a poor rating, 3 being an average rating and 5 being an outstanding rating. Weighting Factor Criteria Standard 3.0 Scope of Proposal Does the proposal show an understanding of the scope of the project, methodology to be used in the fabrication and installation and the results desired from the project? 3.0 Cost for Exhibit Fabrication Are the proposed GMP costs reasonable and competitive? 2.0 Exhibit Fabrication Performance Do the referenced projects reflect favorably in respect to completion within the contract schedule, cost and number of change orders and claims? 2.0 Assigned Project Team Does the proposed team have the necessary skills and experience to fulfill the requirements of the project? Is the key staff available to do the work? 2.0 Team Experience with Exhibit Fabrication & Sustainability Has the firm worked on deeply interactive and artifact-based exhibit projects similar in scope to this project? Has partnering been used as a basis in completing other projects? Was this work of high quality in nature? Has the team completed sustainable exhibit fabrication work? 1.0 Safety Record Workman’s Compensation Experience Modification Rate (EMR) Insurance multiplier and OSHA 300 Form. 1.0 Construction Cost Factors Do the proposed cost factors compare favorably with industry standards and other firms’ cost factors? 15 1.0 Motivation Has the firm shown an interest in the work and a commitment to the successful completion of the project? 4. EVALUATION COMMITTEE The same panel will evaluate each proposal. The panel will be comprised of the following: Four Representatives from the NPC, three Representatives from the City and the City’s Project Manager, plus the City’s Director of Purchasing Representative and a member of the Exhibit Design Team. Panel member evaluation scores, rankings, results and comments will remain confidential. 5. REFERENCE EVALUATION (TOP RANKED TEAM) The City’s Project Manager will check references of the top ranked Team using the following criteria. The evaluation will be labeled Satisfactory/Unsatisfactory. Qualification Standard Overall Performance Would you hire this exhibit fabricator again? Did they have the skills required by the project? Timetable Was the original scope of work completed within the specified time? Were interim deadlines met in a timely manner? Professionalism Was the professional responsive to client needs? Did the professional anticipate problems? Were problems solved quickly and effectively? Budget Was the original scope of work completed within the project budget? Quality Was the project functional upon completion and did it operate properly? Did the project meet or exceed the client objectives and needs? Warranty Service How well has this exhibit fabricator done in responding to warranty service requests? 16 CHAPTER 5– EXAMPLE AGREEMENT SECTION 00500 AGREEMENT FORMS 00510 Notice of Award 00520 Agreement 00530 Notice to Proceed Section 00510 Page 1 SECTION 00510 NOTICE OF AWARD Date: TO: PROJECT: 7184 Discovery Museum Exhibit Fabrication OWNER: CITY OF FORT COLLINS (hereinafter referred to as "the OWNER") You are hereby notified that your Bid dated , 20 for the above project has been considered. You are the apparent successful Bidder and have been awarded an Agreement for 7184 Discovery Museum Exhibit Fabrication. The Price of your Agreement is . Three (3) copies of each of the proposed Contract Documents (except Drawings) accompany this Notice of Award. Three (3) sets of the Drawings will be delivered separately or otherwise made available to you immediately. You must comply with the following conditions precedent within fifteen (15) days of the date of this Notice of Award, that is by , 20 . 1. You must deliver to the OWNER three (3) fully executed counterparts of the Agreement including all the Contract Documents. Each of the Contract Documents must bear your signature on the cover of the page. 2. You must deliver with the executed Agreement the Contract Security (Bonds) as specified in the Instructions to Bidders, General Conditions (Article 5.1) and Supplementary Conditions. Failure to comply with these conditions within the time specified will entitle OWNER to consider your Bid abandoned, to annul this Notice of Award and to declare your Bid Security forfeited. Within ten (10) days after you comply with those conditions, OWNER will return to you one (1) fully-signed counterpart of the Agreement with the Contract Documents attached. City of Fort Collins OWNER By:________________________________________ James B. O’Neill, II, CPPO, FNIGP Director of Purchasing & Risk Management 17 Section 00520 Page 1 SECTION 00520 AGREEMENT THIS AGREEMENT is dated as of the day of in the year of 20 and shall be effective on the date this AGREEMENT is signed by the City. The City of Fort Collins (hereinafter called OWNER) and (hereinafter called CONTRACTOR) OWNER and CONTRACTOR, in consideration of the mutual covenants hereinafter set forth, agree as follows: ARTICLE 1. WORK CONTRACTOR shall complete all Work as specified or indicated in the Contract Documents. The Project for which the Work under the Contract Documents may be the whole or only a part is defined as the construction of the 7184 Discovery Museum Exhibit Fabrication. ARTICLE 2. ENGINEER The Project has been designed by Gyroscope. The City of Fort Collins Facilities Project Manager is hereinafter called ENGINEER and 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. ARTICLE 3. CONTRACT TIMES 3.1 The Work shall be Substantially Complete February 2, 2012 after the date when the Contract Times commence to run as provided in the General Conditions and completed and ready for Final Payment and Acceptance in accordance with the General Conditions within March 2, 2012 after the date when the Contract Times commence to run. 3.2. Liquidated Damages. OWNER and CONTRACTOR recognize that time is of the essence of this Agreement and that OWNER will suffer financial loss if the Work is not completed within the times specified in paragraph 3.1. 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 proceeding the actual loss suffered by OWNER if the Work is not completed on time. Accordingly, instead of requiring any such proof, OWNER and CONTRACTOR agree that as liquidated damages for delay (but not as penalty) CONTRACTOR shall pay OWNER the amounts set forth hereafter. 18 Section 00520 Page 2 1) Substantial Completion: Five Hundred Dollars ($500.00) for each calendar day or fraction thereof that expires after the February 2, 2012 period for Substantial Completion of the Work until the Work is Substantially Complete. 2) Final Acceptance: After Substantial Completion, One Hundred Dollars ($100.00) for each calendar day or fraction thereof that expires after the March 2, 2012 period for Final Payment and Acceptance until the Work is ready for Final Payment and Acceptance. ARTICLE 4. CONTRACT PRICE 4.1. OWNER shall pay CONTRACTOR for performance of the Work in accordance with the Contract Documents in current funds as follows: ($ ), $ Dollars, in accordance with Section 00300, attached and incorporated herein by this reference. ARTICLE 5. PAYMENT PROCEDURES CONTRACTOR shall submit Applications for Payment in accordance with Article 14 of the General Conditions. Applications for Payment will be processed by ENGINEER as provided in the General Conditions. 5.1. PROGRESS PAYMENTS. OWNER shall make progress payments on account of the Contract Price on the basis of CONTRACTOR's Application for Payment as recommended by ENGINEER, once each month during construction as provided below. All progress payments will be on the basis of the progress of the Work measured by the schedule of values established in paragraph 2.6 of the General Conditions and in the case of Unit Price Work based on the number of units completed, and in accordance with the General Requirements concerning Unit Price Work. 5.1.1. Prior to Substantial Completion, progress payments will be in the amount equal to the percentage indicated below, but, in each case, less the aggregate of payments previously made and less such amounts as ENGINEER shall determine, or OWNER may withhold, in accordance with paragraph 14.7 of the General Conditions. 90% of the value of Work completed until the Work has been 50% completed as determined by ENGINEER, when the retainage equals 5% of the Contract Price, and if the character and progress of the Work have been satisfactory to OWNER and ENGINEER, OWNER on recommendation of ENGINEER, may determine that as long as the character and progress of the Work remain satisfactory to them, there will be no additional retainage on account of Work completed in which case the remaining progress payments prior to Substantial Completion will be in an amount equal to 100% of the Work completed. 90% of materials and equipment not incorporated in the Work (but delivered, suitably stored and accompanied by documentation satisfactory to OWNER as provided in 19 Section 00520 Page 3 paragraph 14.2 of the General Conditions) may be included in the application for payment. 5.1.2. Upon Substantial Completion payment will be made in an amount sufficient to increase total payments to CONTRACTOR to 95% of the Contract Price, less such amounts as ENGINEER shall determine or OWNER may withhold in accordance with paragraph 14.7 of the General Conditions or as provided by law. 5.2. FINAL PAYMENT. Upon Final Completion and Acceptance of the Work in accordance with paragraph 14.13 of the General Conditions, OWNER shall pay the remainder of the Contract Price as recommended by ENGINEER as provided in said paragraph 14.13. ARTICLE 6. CONTRACTOR'S REPRESENTATION In order to induce OWNER to enter into this Agreement, CONTRACTOR makes the following representations: 6.1. CONTRACTOR has familiarized himself with the nature and extent of the Contract Documents, Work, site, locality, and with all local conditions and Laws and Regulations that in any manner may affect cost, progress, performance or furnishing of the Work. 6.2. CONTRACTOR has studied carefully all reports of explorations and tests of subsurface conditions and drawings of physical conditions which are identified in the Supplementary Conditions as provided in paragraph 4.2 of the General Conditions. 6.3. CONTRACTOR has obtained and carefully studied (or assumes responsibility for obtaining and carefully studying) all such examinations, investigations, explorations, tests, reports, and studies (in addition to or to supplement those referred to in paragraph 6.2 above) which pertain to the subsurface or physical condition 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 paragraph 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. 6.4. CONTRACTOR has reviewed and checked all information and data shown or indicated on the Contract Documents with respect to existing Underground Facilities at or contiguous to the site and assumes responsibility for the accurate location of said Underground Facilities. No additional examinations, investigations, explorations, tests, reports, studies or similar information or data in respect of said Underground Facilities are or will be required by CONTRACTOR in order to perform and furnish the Work at the Contract Price, within the Contract Times and in accordance with the other terms and 20 Section 00520 Page 4 conditions of the Contract Documents, including specifically the provision of paragraph 4.3. of the General Conditions. 6.5. CONTRACTOR has correlated the results of all such observations, examinations, investigations, tests, reports and data with the terms and conditions of the Contract Documents. 6.6. CONTRACTOR has given ENGINEER written notice of all conflicts, errors or discrepancies that he has discovered in the Contract Documents and the written resolution thereof by ENGINEER is acceptable to CONTRACTOR. ARTICLE 7. CONTRACT DOCUMENTS 7.1 The Contract Documents which comprise the entire Agreement between OWNER and CONTRACTOR concerning the Work consist of the General Conditions, Supplementary Conditions, those items included in the definition of “Contract Documents” in Article 1.10 of the General Conditions, and such other items as are referenced in this Article 7, all of which are incorporated herein by this reference. 7.2 Forms for use by CONTRACTOR in performing the Work and related actions in carrying out the terms of this Agreement are deemed Contract Documents and incorporated herein by this reference, and include, but are not limited to, the following: 7.2.1 Certificate of Substantial Completion 7.2.2 Certificate of Final Acceptance 7.2.3 Lien Waiver Releases 7.2.4 Consent of Surety 7.2.5 Application for Exemption Certificate 7.2.6 Application for Payment 7.3 Drawings, consisting of a cover sheet and sheets numbered as follows: The Contract Drawings shall be stamped "Final for Construction" and dated. Any revisions made shall be clearly identified and dated. 7.4. Addenda Numbers to , inclusive. 7.5. The Contract Documents also include all written amendments and other documents amending, modifying, or supplementing the Contract Documents pursuant to paragraphs 3.5 and 3.6 of the General Conditions. 7.6. There are no Contract Documents other than those listed or incorporated by reference in this Article 7. The Contract Documents may only be amended, modified or supplemented as provided in paragraphs 3.5 and 3.6 of the General Conditions. 21 Section 00520 Page 5 ARTICLE 8. MISCELLANEOUS 8.1. Terms used in this Agreement which are defined in Article I of the General Conditions shall have the meanings indicated in the General Conditions. 8.2. No assignment by a party hereto of any rights under or interests in the Contract Documents will be binding on another party hereto without the written consent of the party sought to be bound; and specifically but not without limitations, moneys that may become due and moneys that are due may not be assigned without such consent (except to the extent that the effect of this restriction may be limited by law), 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 Document. 8.3. 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, Agreement and obligations contained in the Contract Document. 22 Section 00520 Page 6 OWNER: CITY OF FORT COLLINS CONTRACTOR: By: ____________________________ By:_______________________________ JAMES B. O’NEILL II, CPPO, FNIGP DIRECTOR OF PURCHASING __________________________________ AND RISK MANAGEMENT Title:____________________________ Date:___________________________ Date:_____________________________ (CORPORATE SEAL) Attest: ________________________ Attest:___________________________ City Clerk Address for giving notices: Address for giving notices: P. O. Box 580 __________________________________ Fort Collins, CO 80522 __________________________________ LICENSE NO.:______________________ Approved as to Form _______________________________ Assistant City Attorney 23 Section 00530 Page 1 SECTION 00530 NOTICE TO PROCEED Description of Work: 7184 Discovery Museum Exhibit Fabrication To: 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. That the OWNER has approved the said Contract Documents. Therefore, as the CONTRACTOR for the above described Work, you are hereby authorized and directed to proceed within ( ) calendar days from receipt of this notice as required by the Agreement. Dated this day of , 20__. The dates for Substantial Completion and Final Acceptance shall be _____ _____, 20_ and , 20__, respectively. City of Fort Collins OWNER By: Title: ACKNOWLEDGMENT OF NOTICE Receipt of the above Notice to Proceed is hereby acknowledged this day of , 20__. CONTRACTOR: By: Title: 24 SECTION 00600 BONDS AND CERTIFICATES 00610 Performance Bond 00615 Payment Bond 00630 Certificate of Insurance 00635 Certificate of Substantial Completion 00640 Certificate of Final Acceptance 00650 Lien Waiver Release (CONTRACTOR) 00660 Consent of Surety 00670 Application for Exemption Certificate 25 Rev 07/08 Section 00610 Page 1 SECTION 00610 PERFORMANCE BOND Bond No. KNOW ALL MEN BY THESE PRESENTS: that (Firm) (Address) (an Individual), (a Partnership), (a Corporation), hereinafter referred to as the "Principal" and (Firm) (Address) hereinafter referred to as "the Surety", are held and firmly bound unto City of Fort Collins, 300 Laporte Ave, Fort Collins, Colorado 80522 a (Municipal Corporation) hereinafter referred to as the "OWNER", in the penal sum of ____________ in lawful money of the United States, for the payment of which sum well and truly to be made, we bind ourselves, successors and assigns, jointly and severally, firmly by these presents. THE CONDITIONS OF THIS OBLIGATION are such that whereas the Principal entered into a certain Agreement with the OWNER, dated the {date of agreement} day of __________, 20__, a copy of which is hereto attached and made a part hereof for the performance of The City of Fort Collins project, 7184 Discovery Museum Exhibit Fabrication. NOW, THEREFORE, if the Principal shall well, truly and faithfully perform its duties, all the undertakings, covenants, terms, conditions and agreements of said Agreement during the original term thereof, and any extensions thereof which may be granted by the OWNER, with or without Notice to the Surety and during the life of the guaranty period, and if the Principal shall satisfy all claims and demands incurred under such Agreement, and shall fully indemnify and save harmless the OWNER from all cost and damages which it may suffer by reason of failure to do so, and shall reimburse and repay the OWNER all outlay and expense which the OWNER may incur in making good any default then this obligation shall be void; otherwise to remain in full force and effect. 26 Rev 07/08 27 Section 00610 Page 2 PROVIDED, FURTHER, that the said Surety, for value received, hereby stipulates and agrees that no change, extension of time, alteration or addition to the terms of the Agreement or to the Work to be performed thereunder or the Specifications accompanying the same shall in any way affect its obligation on this bond; and it does hereby waive notice of any such change, extension of time, alteration or addition to the terms of the Agreement or to the Work or to the Specifications. PROVIDED, FURTHER, that no final settlement between the OWNER and the CONTRACTOR shall abridge the right of any beneficiary hereunder, whose claim may be unsatisfied. PROVIDED, FURTHER, that the Surety Company must be authorized to transact business in the State of Colorado and be acceptable to the OWNER. IN WITNESS WHEREOF, this instrument is executed in three (3) counterparts, each one of which shall be deemed an original, this _____ day of _________, 20__. IN PRESENCE OF: Principal ______________________________ ________________________________________ ______________________________ ________________________________________ (Title) ________________________________________ (Address) (Corporate Seal) IN PRESENCE OF: Other Partners _____________________________ By:_____________________________________ _____________________________ By:_____________________________________ IN PRESENCE OF: Surety _____________________________ By:_____________________________________ _____________________________ By:_____________________________________ (Address) (Surety Seal) NOTE: Date of Bond must not be prior to date of Agreement. If CONTRACTOR is Partnership, all partners should execute Bond. Rev 07/08 Section 00615 Page 1 SECTION 00615 PAYMENT BOND Bond No. KNOW ALL MEN BY THESE PRESENTS: that (Firm) (Address) (an Individual), (a Partnership), (a Corporation), hereinafter referred to as the "Principal" and (Firm) (Address) hereinafter referred to as "the Surety", are held and firmly bound unto the City of Fort Collins, 300 Laporte Ave., Fort Collins, Colorado 80522 a (Municipal Corporation) hereinafter referred to as "the OWNER", in the penal sum of in lawful money of the United States, for the payment of which sum well and truly to be made, we bind ourselves, successors and assigns, jointly and severally, firmly by these presents. THE CONDITIONS OF THIS OBLIGATION are such that whereas the Principal entered into a certain Agreement with the OWNER, dated the {date of agreement} day of , 20__, a copy of which is hereto attached and made a part hereof for the performance of The City of Fort Collins project, 7184 Discovery Museum Exhibit Fabrication. NOW, THEREFORE, if the Principal shall make payment to all persons, firms, subcontractors, and corporations furnishing materials for or performing labor in the prosecution of the Work provided for in such Agreement and any authorized extension or modification thereof, including all amounts due for materials, lubricants, repairs on machinery, equipment and tools, consumed, rented or used in connection with the construction of such Work, and all insurance premiums on said Work, and for all labor, performed in such Work whether by subcontractor or otherwise, then this obligation shall be void; otherwise to remain in full force and effect. 28 Rev 07/08 Section 00615 Page 2 PROVIDED, FURTHER, that the said Surety, for value received, hereby stipulates and agrees that no change, extension of time, alteration or addition to the terms of the Agreement or to the Work to be performed thereunder or the Specifications accompanying the same shall in any way affect its obligation on this bond; and it does hereby waive notice of any such change, extension of time, alteration or addition to the terms of the Agreement or to the Work or to the Specifications. PROVIDED, FURTHER, that no final settlement between the OWNER and the CONTRACTOR shall abridge the right of any beneficiary hereunder, whose claim may be unsatisfied. PROVIDED, FURTHER, that the Surety Company must be authorized to transact business in the State of Colorado and be acceptable to the OWNER. IN WITNESS WHEREOF, this instrument is executed in three (3) counterparts, each one of which shall be deemed an original, this __ day of , 20__. IN PRESENCE OF: Principal ______________________________ By:___________________________________ ______________________________ ______________________________________ (Title) ______________________________________ (Address) (Corporate Seal) IN PRESENCE OF: Other Partners ______________________________ ______________________________________ ______________________________ ______________________________________ IN PRESENCE OF: Surety ______________________________ By:___________________________________ ______________________________ By:___________________________________ (Address) (Surety Seal) NOTE: Date of Bond must not be prior to date of Agreement. If CONTRACTOR is Partnership, all partners should execute Bond. 29 Rev 07/08 Section 00630 Page 1 SECTION 00630 CERTIFICATE OF INSURANCE CONTRACTOR shall insert his own standard form for Certificate of Insurance. 30 Rev 07/08 Section 00635 Page 1 SECTION 00635 CERTIFICATE OF SUBSTANTIAL COMPLETION TO: CITY OF FORT COLLINS (OWNER) DATE OF SUBSTANTIAL COMPLETION: PROJECT TITLE:7184 Discovery Museum Exhibit Fabrication _____________________________ PROJECT OR SPECIFIED PART SHALL LOCATION: Fort Collins, Colorado INCLUDE: OWNER: City of Fort Collins ____________________________ ____________________________ CONTRACTOR: ____________________________ CONTRACT DATE: {date of agreement} 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 be substantially completed on the above date. 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. _________________________________ ________________________________________ ENGINEER AUTHORIZED REPRESENTATIVE DATE The CONTRACTOR accepts the above Certificate of Substantial Completion and agrees to complete and correct the items on the tentative list within the time indicated. ________________________________ By: ________________________________________ 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 . The responsibility for heat, utilities, security, and insurance under the Contract Documents shall be as set forth under "Remarks" below. CITY OF FORT COLLINS, COLORADO By: ________________________________________ OWNER AUTHORIZED REPRESENTATIVE DATE REMARKS: 31 Rev 07/08 Section 00640 Page 1 SECTION 00640 CERTIFICATE OF FINAL ACCEPTANCE , 20__ TO: Gentlemen: You are hereby notified that on the day of , 20__, the City of Fort Collins, Colorado, has accepted the Work completed by for the City of Fort Collins project, 7184 Discovery Museum Exhibit Fabrication. A check is attached hereto in the amount of $_______________________________ as Final Payment for all Work done, subject to the terms of the Contract Documents which are dated _____________ __, 20__. In conformance with the Contract Documents for this project, your obligations and guarantees will continue for the specified time from the following date:____________ __, 20__. Sincerely, OWNER: City of Fort Collins By: Title: ATTEST: Title: 32 Rev 07/08 Section 00650 Page 1 SECTION 00650 LIEN WAIVER RELEASE (CONTRACTOR) TO: City of Fort Collins, Colorado (OWNER) FROM: (CONTRACTOR) PROJECT:7184 Discovery Museum Exhibit Fabrication 1. The CONTRACTOR acknowledges having received payment, except retainage from the OWNER for all work, labor, skill and material furnished, delivered and performed by the CONTRACTOR for the OWNER or for anyone in the construction, design, improvement, alteration, addition or repair of the above described project. 2. In consideration of such payment and other good and valuable consideration, the receipt and adequacy of which are hereby acknowledged, the CONTRACTOR voluntarily waives all rights, claims and liens, including but not limited to, mechanic's liens, Miller Act claims (40 U.S.C.A. 270 a and b), stop notices, equitable liens and labor and material bond rights which the CONTRACTOR may now or may afterward have, claim or assert for all and any work, labor, skill or materials furnished, delivered or performed for the construction, design, improvement, alteration, addition or repair of the above described project, against the OWNER or its officers, agents, employees or assigns, against any fund of or in the possession or control of the OWNER, against the project or against all land and the buildings on and appurtenances to the land improved by the project. 3. The CONTRACTOR affirms that all work, labor and materials, furnished, delivered or performed to or for the construction, design, improvement, alteration, addition or repair of the project were furnished, delivered or performed by the CONTRACTOR or its agents, employees, and servants, or by and through the CONTRACTOR by various Subcontractors or materialmen or their agents, employees and servants and further affirms the same have been paid in full and have released in full any and all existing or possible future mechanic's liens or rights or claims against the project or any funds in the OWNER'S possession or control concerning the project or against the OWNER or its officers, agents, employees or assigns arising out of the project. 4. The CONTRACTOR agrees to defend and hold harmless the OWNER, the lender, if any, and the Surety on the project against and from any claim hereinafter made by the CONTRACTOR'S Subcontractors, materialmen, employees, servants, agents or assigns against the project or against the OWNER or its officers, employees, agents or assigns arising out of the 33 Rev 07/08 Section 00650 Page 2 project for all loss, damage and costs, including reasonable attorneys fees, incurred as a result of such claims. 5. The parties acknowledge that the description of the project set forth above constitutes and 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 labor and material bonds for the project. Signed this day of , 20__. CONTRACTOR : By: Title: ATTEST: Secretary STATE OF COLORADO ) )ss. COUNTY OF LARIMER ) Subscribed and sworn to before me this day of 20__, by Witness my hand and official seal. My Commission Expires: . Notary Public 34 Rev 07/08 Section 00660 Page 1 SECTION 00660 CONSENT OF SURETY TO: City of Fort Collins, Colorado (hereinafter referred to as the "OWNER") CONTRACTOR: PROJECT: 7184 Discovery Museum Exhibit Fabrication CONTRACT DATE: {date of agreement} In accordance with the provisions of the Contract between the OWNER and the CONTRACTOR as indicated above, for (Surety) on bond of hereby approves of the Final Payment to the CONTRACTOR, and agrees that Final Payment to the CONTRACTOR shall not relieve the Surety Company of any of its obligations to the OWNER, as set forth in the said Surety Company's Bond. IN WITNESS WHEREOF, the Surety Company has hereunto set its hand this day of , ____ . (Surety Company) By ATTACH: Power of Attorney and Certificate of Authority of Attorney(s)-in- Fact. 35 Section 00670 Page 1 SECTION 00670 36 Section 00670 Page 2 DR 0172 (12/98) COLORADO DEPARTMENT OF REVENUE DENVER CO 80261 (303) 232-2416 DO NOT WRITE IN THIS SPACE The exemption certificate for which you are applying must be used only for the purpose of purchasing construction and building materials for the exempt project described below. This exemption does not include or apply to the purchase or rental of equipment, supplies, and materials which are purchased, rented, or consumed by the contractor and which do not become part of the structure, highway, road, street, or other public works owned and used by the exempt organization. Any unauthorized use of the exemption certificate will result in revocation of your exemption certificate and other penalties provided by law. A separate certificate is required for each contract. Subcontractors will not be issued Certificates of Exemption by the Department of Revenue. It is the responsibility of the prime contractor to issue certificates to each of the subcontractors. (See reverse side). FAILURE TO ACCURATELY COMPLETE ALL BOXES WILL CAUSE THE APPLICATION TO BE DENIED. Registration/Account No. (to be assigned by DOR) 89 - Period 0170-750 (999) $0.00 CONTRACTOR INFORMATION Trade name/DBA: Owner, partner, or corporate name: Mailing address (City, State, Zip): Contact Person E-Mail address: Federal Employer’s Identification Number: Bid amount for your contract: $ Fax Number: ( ) Business telephone number: ( ) Colorado withholding tax account number: EXEMPTION INFORMATION Copies of contract or agreement pages (1) identifying the contracting parties and (2) containing signatures of contracting parties must be attached. Name of exempt organization (as shown on contract): Exempt organization’s number: 98 - Address of exempt organization (City, State, Zip): Principal contact at exempt organization: Principal contact’s telephone number: Physical location of project site (give actual address when applicable and Cities and/or County (ies) where project is located) Scheduled construction start date: Month Day Year Estimated completion date: Month Day Year I declare under penalty of perjury in the second degree that the statements made in this application are true and complete to the best of my knowledge. Signature of owner, partner or corporate officer: Title of corporate officer: Date: DO NOT WRITE BELOW THIS LINE CONTRACTOR APPLICATION FOR EXEMPTION CERTIFICATE Pursuant to Statute Section 39-26.114(1)(a)(XIX) 6 37 Section 00670 Page 3 Special Notice Contractors who have completed this application in the past, please note the following changes in procedure: The Department will no longer issue individual Certificates of exemption to subcontractors. Only prime contractors will receive a Contractor’s Exemption Certificate on exempt projects. Upon receipt of the Certificate, the prime contractor should make a copy for each subcontractor involved in the project and complete it by filling in the subcontractor’s name and address and signing it. The original Certificate should always be retained by the prime contractor. Copies of all Certificates that the prime contractor issued to subcontractors should be kept at the prime contractor’s place of business for a minimum of three years and be available for inspection in the event of an audit. Once an 89# has been assigned to you, please use the next five numbers following it for any applications submitted for future projects. This should be your permanent number. For instance, if you were assigned 89-12345-0001, every application submitted thereafter should contain 89-12345 on the application. The succeeding numbers will be issued by the Department of Revenue. DO NOT enter what you believe to be the next in sequence as this may delay processing of your application. 38 39 SECTION 00700 GENERAL CONDITIONS 40 41 42 43 44 45 46 47 48 49 50 51 52 53 54 55 56 57 58 59 60 61 62 63 64 65 66 67 68 69 70 71 72 73 74 75 76 77 78 79 80 81 82 83 84 85 86 87 88 89 90 91 92 93 SE 94 SECTION 00800 SUPPLEMENTARY CONDITIONS Rev 07/08 Section 00800 Page 1 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-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 below are as follows: 5.4.1 and 5.4.2 Coverage A - Statutory Limits Coverage B - $100,000/$100,000/$500,000 5.4.3 and 5.4.5 Commercial General Liability policy will have limits of $1,000,000 combined single limits (CSL). This policy will include coverage for Explosion, Collapse, and Underground coverage unless waived by the Owner. 5.4.6 The Comprehensive Automobile Liability Insurance policy will have limits of $1,000,000 combined single limits (CSL). 5.4.9 This policy will include completed operations coverage/product liability coverage with limits of $1,000,000 combined single limits (CSL). 95 Rev 07/08 SECTION 00900 ADDENDA, MODIFICATIONS AND PAYMENT 00950 Contract Change Order 00960 Application for Payment 96 Rev 07/08 Section 00950 Page 1 SECTION 00950 CHANGE ORDER NO. PROJECT TITLE: CONTRACTOR: {date of agreement} PROJECT NUMBER: DESCRIPTION: 1. Reason for change: 2. Description of Change: 3. Change in Contract Cost 4. Change in Contract Time: __ ORIGINAL CONTRACT COST $ .00 TOTAL APPROVED CHANGE ORDER 0.00 TOTAL PENDING CHANGE ORDER 0.00 TOTAL THIS CHANGE ORDER 0.00 TOTAL % OF THIS CHANGE ORDER TOTAL C.O.% OF ORIGNINAL CONTRACT ADJUSTED CONTRACT COST $ 0.00 (Assuming all change orders approved) _ ACCEPTED BY: DATE: Contractor's Representative ACCEPTED BY: DATE: __ Project Manager REVIEWED BY: DATE: Title: APPROVED BY: DATE: Title: APPROVED BY: DATE: Purchasing Agent over $60,000 cc: City Clerk Contractor Project File Architect Engineer Purchasing 97 Rev 07/08 Section 00960 Page 1 Section 00960 APPLICATION FOR PAYMENT PAGE 1 OF 4 OWNER: City of Fort Collins PROJECT: APPLICATION NUMBER: APPLICATION DATE: PERIOD BEGINNING: ENGINEER: CONTRACTOR: PERIOD ENDING: PROJECT NUMBER: CHANGE ORDERS Application is made for Payment as shown below in connection with Contract NUMBER DATE AMOUNT The present status of the account for this Contract is as follows: 1 2 Original Contract Amount: 3 Net Change by Change Order: Current contract Amount: $0.00 Total Completed and Stored to Date: Less Previous Applications: Amount Due this Application - Before Retainage: $0.00 Less Retainage: Net Change by Change Order $0.00 AMOUNT DUE THIS APPLICATION: $0.00 CERTIFICATION: The undersigned CONTRACTOR certifies that all obligations of CONTRACTOR incurred in connection with the Work have been satisfied as required in Paragraph 14.3. of the General Conditions of the Contract. The above Amount Due This Application is requested by the CONTRACTOR. Date: By: Payment of the above Amount Due This Application is recommended by the ENGINEER. Date: By: Payment of the above Amount Due This Application has been reviewed by the OWNER'S Project Manager. Date: By: Payment of the above Amount Due This Application is approved by the OWNER. Date: By: 97 98 Rev 07/08 Section 00960 Page 2 CONTRACT AMOUNTS APPLICATION FOR PAYMENT PAGE 2 OF 4 Work Completed Work Completed Work Completed Stored Bid This Month Previous Periods To Date Materials Total Item This Earned Percent Number Description Quantity Units Unit Price Amount Qty. Amount Qty. Amount Qty. Amount Period To Date Billed $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 TOTALS $0.00 $0.00 $0.00 $0.00 $0.00 99 Rev 07/08 Section 00960 Page 3 CHANGE ORDERS APPLICATION FOR PAYMENT PAGE 3 OF 4 Work Completed Work Completed Work Completed Stored Bid This Month Previous Periods To Date Materials Total Item This Earned Percent Number Description Quantity Units Unit Price Amount Qty. Amount Qty. Amount Qty. Amount Period To Date Billed $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 TOTALS CHANGE ORDERS $0.00 $0.00 $0.00 $0.00 $0.00 PROJECT TOTALS $0.00 $0.00 $0.00 $0.00 $0.00 100 Rev 07/08 Section 00960 Page 4 STORED MATERIALS SUMMARY PAGE 4 OF 4 On Hand Received Installed On Hand Item Invoice Previous This This This Number Number Description Application Period Period Application $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 TOTALS $0.00 $0.00 $0.00 $0.00 101