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HomeMy WebLinkAboutWORK ORDER - PURCHASE ORDER - 9134834EXHIBIT "A" WORK ORDER FORM PURSUANT TO AN AGREEMENT BETWEEN THE CITY OF FORT COLLINS and Biohabitats July 16, 2013 Work Order Number: NAD - 1965 Project Title: Construction of Phase 2 Restoration at McMurry Natural Area Commencement Date: August 1, 2013. Completion Date: November 14, 2014 Maximum Fee: $6597052.90 Project Description: See attached description Scope of Services: See attached Scope of Services Service Provider agrees to perform the services identified above and on the attached forms in accordance with the terms and conditions contained herein and in the Services Agreement between the parties. In the event of a conflict between or ambiguity in the terms of the Services Agreement and this work order (including the attached forms), the Services Agreement shall control. Service Provider By: Date: —7 (1(I 20 13 APPROVAL: The attached forms consisting of zero (0) pages are hereby accepted and incorporated herein by this reference, and Notice to Proceed is hereby given. City of t ollins By: Date: �2 _ l IN WITNESS WHEREOF, this instrument is executed in three (3) counterparts, each one of which shall be deemed an original, this 21s' day of August , 2013. IN PRESENCE OF: Principal Biohabitats Inc. (Title)- (Title) (Coroorate Sea[) IN PRESENCE OF: IN PRESENCE OF: ($urefii Seal) 1732 Wazee Street, Suite 209, Denver, CO 80202 (Address) Other Partners M- in Surety RLI Insurance Company William Francik, Attorney -in -Fact 9025 N. Lindbergh Drive, Peoria, IL 61615 (Address) NOTE: Date of Bond must not be prior to date of Agreement. If CONTRACTOR is Partnership, all partners should execute Bond. SECTION 00615 PAYMENT BOND Bond No. 394186 KNOW ALL IV1EN BY THESE PRESENTS: that Biohabitats Inc '1732 Wazee Street, Suite 209, Denver, CO 80202 (an Individual), (a Partnership), (a Corporation), hereinafter referred to as the "Principal' and (Firm) RLI Insurance Company (Address) 9025 N. Lindbergh Drive, Peoria, IL 61615 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 Six Hundred Fifty -Nine Thousand Fifty Two Dollars and Ninety Cents ($659,059.90) 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 16'h day of July , 2013, a copy of which is hereto attached and made a part hereof for the performance of The City of Fort Collins Project, P1126 Westland & Riparian Ecological Restoration — McMurry Natural Area Restoration Phase 2. 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. 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 215` day of August , 2013. IN PRESENCE OF: (Ccrporat&Seal) IN PRESENCE OF: IN PRESENCE OF: (Surety Sea]) Principal Biohabitats Inc. 2). Q-ZtE (Title) 1732 Wazee Street, Suite 209, Denver, CO 80202 (Address) Other Partners 0 Surety RL�I Insurance Company By: �9 ;� William Francik, Attorney -in -Fact 9025 N. Lindbergh Drive, Peoria, IL 61615 (Address) NOTE: Date of Bond must not be prior to date of Agreement. If CONTRACTOR is Partnership, all partners should execute Bond. RLIRLI Surety P.O. Box 3967 1 Peoria, IL 61612-3967 Phone:(800)645-2402 1 Fax:(309)689-2036 w .rlicorpxom Know All Men by These Presents: POWER OF ATTORNEY RLI Insurance Company That this Power of Attorney is not valid or in effect unless attached to the bond which it authorizes executed, but may be detached by the approving officer if desired. That RLI Insurance Company, a(n) Illinois corporation, does hereby make, constitute and appoint: Robert F. White, Shari L. Bowers, Robert N. Oster, Craig Bancroft Stephen M. Mutscheller, Joshua B. Hauserman William Francik in the City of Hunt Valley , State of Maryland its true and lawful Agent and Attorney in Fact, with full power and authority hereby conferred, to sign, execute, acknowledge and deliver for and on its behalf as Surety, the following described bond. Any and all bonds, undertakings, and recognizances in an amount not to exceed Ten Million Dollars ($10,000,000) for any single obligation. The acknowledgment and execution of such bond by the said Attorney in Fact shall be as binding upon this Company as if such bond had been executed and acknowledged by the regularly elected officers of this Company. The RLI Insurance Company further certifies that the following is a true and exact copy of the Resolution adopted by the Board of Directors of RLI Insurance Company, and now in force to -wit: "All bonds, policies, undertakings, Powers of Attorney or other obligations of the corporation shall be executed in the corporate name of the Company by the President, Secretary, any Assistant Secretary, Treasurer, or any Vice President, or by such other officers as the Board of Directors may authorize. The President, any Vice President, Secretary, any Assistant Secretary, or the Treasurer may appoint Attorneys in Fact or Agents who shall have authority to issue bonds, policies or undertakings in the name of the Company. The corporate seal is not necessary for the validity of any bonds, policies, undertakings, Powers of Attorney or other obligations of the corporation. The signature of any such officer and the corporate seal may be printed by facsimile." IN WINESS WHEREOF, the RLI Insurance Company has caused these presents to be executed by its Vice President with its corporate seal affixed this 13th day of August 2013 . J°Pp CECp'a RLI Insurance Company RA State of Illinois l •'•.,, ... _,.�' Roy C. Die Vice President SS 6j County of Peoria 111111.00, CERTIFICATE On this 1 th day of August , 2013 , before me, a Notary Public, personally appeared Roy C. Die , who being by me duly swom, acknowledged that he signed the above Power of Attorney as the aforesaid officer of the RLI Insurance Company and acknowledged said instrument to be the voluntary act and deed of said corporation. Jacqu ine M. Bockler Notary Public Lh' 1, the undersigned officer of RLI Insurance Company, a stock corporation of the State of Illinois, do hereby certify that the attached Power of Attorney is in full force and effect and is irrevocable; and furthermore, that the Resolution of the Company as set forth in the Power of Attorney, is now in force. In testimony whereof, I have hereur�� s t my hand and tI e seal of LI Insurance Company this /-LS� , day of t LUl i ; RLI Insurance Company Roy C. Die x Vice President 1914324020212 .AO059411 A�� "® CERTIFICATE OF LIABILITY INSURANCE 8/15/2013 "' THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER. IMPORTANT: If the certificate holder is an ADDITIONAL INSURED, the policy(ies) must be endorsed. If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). PRODUCER Klein Agency, LLC. P.O. BOX 219 Timonium MD 21094 CONTACT NAME: PNC,N . (410)832-7600 FAX No: (410)832-1849 E-MAIL ADDRESS: INSURERS AFFORDING COVERAGE NAIC # INSURER A.Natlonal SuretV Corp. INSURED Biohabitats, Inc. 2081 Clipper Park Road Baltimore MD 21211-1406 INSURER BAmerican Automobile Ins. Co. INSURER C:Travelers Casualty & Surety Co INSURERD:Continental CasualtV Com an INSURER E: INSURER F: COVERAGES CERTIFICATE NUMBER 13-14 REVISION NUMBER: THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. INSR LTR TYPE OF INSURANCE ADDL SUER WVD POLICY NUMBER POLICY EFF MM/DD YYYY POLICY EXP MM/DD YYYY LIMITS GENERAL LIABILITY -. EACH OCCURRENCE $ 2,000,000 X COMMERCIAL GENERAL LIABILITY _ DAMAGE TO RENTED PREMISES Ea occurrence) S 1,000,000 A CLAIMS -MADE �X OCCUR IIBC80882715 /1/2013 /1/2014 MED EXP(Any one person) $ 10,000 PERSONAL B ADV INJURY S 2,000,000 X Contractural Liability - GENERAL AGGREGATE S 4,000,000 GEN'L AGGREGATE LIMIT APPLIES PER: PRODUCTS - COMP/OP AGG $ 4,000,000 S POLICY X PRO LOC AUTOMOBILE LIABILITY COMBINED SINGLE LIMIT Ea accident 1,000,000 BODILY INJURY (Per person) $ X ANY AUTO B BODILY INJURY (Per accident) $ ALLOWNEO SCHEDULED 80294816 1/1/2013 /1/2014 AUTOS AUTOS PROPERTY DAMAGE Per accident $ NON -OWNED HIRED AUTOS AUTOS X UMBRELLA LIAR X OCCUR EACH OCCURRENCE $ 2 , 000 , 000 AGGREGATE $ 2,000,000 A EXCESS LIAB CLAIMS -MADE DED RETENTIONS S ABC80882715 /1/2013 /1/2014 C WORKERS COMPENSATION UB41014T893 X WCSTATULIM - I DTH- AND EMPLOYERS' LIABILITY Y/N E.L. EACH ACCIDENT $ 1,000,000 ANY PROPRIETOR/PARTNER/EXECUTIVE All States Coverage OFFICER/MEMBER EXCLUDED? (Mandatary in NH) N/A ndoisement /1/2013 /1/2014 E.L. DISEASE - EA EMPLOYEE S 1,000,000 If yes, describe under DESCRIPTION OF OPERATIONS below A is a Covered State E.L. DISEASE - POLICY LIMIT $ 1,000,000 D Professional Liability CH288389266 /1/2013 1/1/2014 Each Claim $5,000,000 Aggregate $ 5 , 000 , 000 DESCRIPTION OF OPERATIONS / LOCATIONS / VEHICLES (Attach ACORD 101, Additional Remarks Schedule, if more space is required) See attached for specific additional insured wording Project: McMurry Natural Area Restoration Phase 2, and Sterling Pond Restoration CERTIFICATE HOLDER CANCELLATION City Of Fort Collins John Stephen, CPPO, LEED AP 215 N Mason Fort Collin, CO 80522 SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS. AUTHORIZED REPRESENTATIVE Klein/LISA ACORD 25 (2010/05) ©1988-2010 ACORD CORPORATION. All rights reserved. INSn25/?n1nn5in1 Tha Ar:r1Rr1 name and Innn ara ranictarad mar4e of Ar.r1Rr1 COMMENTS/REMARKS If required under an insured written contract, executed prior to any loss, the City of Fort Collins are Additional Insured under the General Liability Policy, but only with respects to liability arising from work performed by or on behalf of Biohabitats, Inc. If required under an insured written contract, executed prior to any loss, the City of Fort Collins are Additional Insured under the Automobile Policy, but only with respects to liability arising from the operation of vehicles by employees of Biohabitats, Inc. If required under an insured written contract, executed prior to any loss, Waiver of Subrogation is provided for the City of Fort Collins under the General Liability, Automobile Liability and Workers Compensation Policies. It is further understood that coverage provided the Additional Insured under the General Liability and Automobile Liability shall be primary and non-contributory to any other coverage available to the Additional Insured. OFREMARK COPYRIGHT 2000, AMS SERVICES INC. Biohabitats SOUTHERN ROCKY MOUNTAIN BIOREG16N 1732 Wazee Street Suite 209 Denver, CO 80202 July 16, 2013 Mr. Rick Bachand Environmental Program Manager Fort Collins Natural Areas Program PO Boa 580 Fort Collins, CO 80522-0580 Dear Mr. Bachand: Thank you for providing Biohabitats the opportunity to submit this revised scope and fee for the construction of the McMurry Phase 2 Design -Build project. The attached proposal covers construction of the ecological restoration project by the Biohabitats Inc. Team. Please note that this scope and fee presents our current best estimate of construction cost; however, new information, such as the results of the floodplain permitting process and changes in construction schedule, may affect the final dollar amount and require future changes to the work order. In addition, design (but not construction) of the Poudreometer is also included. The fee estimate for this scope of work takes into account the $135,000 of upfront costs which were approved and are being billed under our existing Work Order NA-204. We are very excited about moving into the build phase of the project with the City, and believe that the project reflects the City's innovative vision for urban -natural stream corridors. If you have questions or concerns regarding this proposal, please call me at 303.477.0660. Sincerely, Biohabitats, Inc. Claudia Browne, Project Team Leader Restore the -Earth & Inspire Eco1qgica/S1e;mrdsbip 49* PROPOSAL Construction of Phase 2 Restoration at Mcblurry Natural Area -- City of Ft Collins, CO OVERALL APPROACH Biohabitats will assume responsibility for the construction of the Mc -Murry Phase 2 Restoration project as described in this scope of work. At each step of the project, Biohabitats is committed to maintaining ongoing, open communication (via regular meetings, telephone conversations, and emails) with City representatives to ensure that the project is developing in alignment with expectations and needs. Please note that, this scope and fee presents our current best estimate of construction cost; however, requested design modifications; new information, such as the results floodplain permitting process; and changes in construction schedule may affect the final dollar amount and require future changes to the work order. Should a task modification be desired, we will work with the City to develop a mutually -agreed upon approach to be implemented after receiving the City's authorization to proceed. 1. POUDREOMETER DESIGN Biohabitats will develop a design for the Poudreometer to a level of detail appropriate for integration into the restoration design -build plans. Based on guidance from the City, this task assumes that the design should correspond with a Poudreometer construction budget that does not exceed approximately $25,000. As such, the design will focus on locating the structure in a manner that avoids high -scour areas and on using large boulders to the extent feasible to minimize more -costly structural components such as reinforced concrete. Biohabitats will employ the services of a structural engineer, as appropriate, to assist with design and review of necessary structural components. The design will include an opinion of probable construction cost. The City will be responsible for coordination with the Shields Street bridge design and construction. This task and the associated fee estimate does not include construction of the Poudreometer. 2. CONSTRUCTION ADMINISTRATION Biohabitats will manage and supervise construction to ensure that implementation conforms to the design -build documents and this scope of work. Specific steps are described in more detail below. Task 2.1 Pre -Construction Meeting Biohabitats will lead a pre -construction meeting after all permitting is final and close to the start of construction date (to be determined). At this meeting, Biohabitats, along with our equipment operator(s) and City staff, will review the construction plans, walk the site, and discuss coordination issues including vegetation protection. We understand that the City will be responsible for marking existing native. vegetation areas that it would like protected in the Field. This task does not anticipate any revisions to the actual construction drawings. Task 2.2 Construction Administration Successful implementation of the project will require a number of administrative tasks such as material procurement, site controls, project management, communication, and inspections. As part of this task, Biohabitats will be responsible for arranging utility clearances, health and safety planning, and erosion and sediment control. Material Procurement: We will identify and order materials required for construction including boulders, matting, topsoil, compost, mulch, and materials for goose exclusion and beaver caging. To the extent feasible, we will look for ways to facilitate the use of materials that the City may have in stock. Erosion & Sediment Control (ESC): Erosion control measures will be installed and maintained throughout the project according to the Storm Water Management Plan (SWD1P), which will follow the City of Fort Collins Storm Water guidelines. Project Management and Communication: Claudia Browne will be the project administrator and will be responsible for overall project administration, staffing, budget tracking and compliance, and meeting our scope commitments. Any project administration -related inquiries should be addressed directly to her. Vince Sortman and Mike Lighthiser will be the construction supervisors for all grading activities, and Biohabitat's landscape designer, Andi Rutherford, will be on -site to supervise plant installation. Construction -related inquiries should be addressed to the respective construction supervisor, who will respond, as appropriate. 0 Biohabitats, Inc. Restate the Ear7h & Inspire Ecological Stewardship 07/ 16/2013 PROPOSAL Construction of Phase 2 Restoration at McMurry Natural Area -- City of Ft Collins, CO Biohabitats will hold weekly team meetings onsite to discuss the progress of construction, upcoming work, site conditions, and any health and safety considerations. The City project managers, Rick Bachand or Rachel Steeves (or both), will also attend the team meeting to directly observe construction progress, provide input, and express any questions or concerns. Biohabitats will prepare a daily construction summary to document the work completed each day, site conditions, or additional observations worth noting. In addition, the summary will include a record of any communications that occurred with site visitors and any notes on minor adjustments that are made in the field. The summaries will be prepared electronically and sent by email to the City project managers and construction team in the morning the following day. Biohabitats will compile electronic copies of the summaries and submit them to the City once the project is complete. Inspections: After rough grade excavation is complete and prior to planting, Biohabitats will meet with the City on site to inspect the project and create a punch fist of follow-up items. Biohabitats will address the punch list items and meet with the City again for their approval, after which planting will commence. Biohabitats and the City will go through this same process for the planting work — a preliminary punch -list meeting and then final inspection after planting will be conducted to review conditions and site cleanup. Biohabitats expects, depending on the phasing of construction, that it may be necessary to repeat this inspection process — once for the river channel work and again for the floodphun excavation and pond filling work. This scope of work assumes two separate sets of inspection meetings for the channel and for the floodplain/pond. 3. CONSTRUCTION EARTHWORK Site Preparation: At the outset of the earthwork, we will complete construction staking and establishment of benchmark elevations and arrange for utility clearances. This scope of work assumes that the City will be responsible for posting public notices of the project and communicating with adjacent landowners. The City will also provide the blaze orange construction fencing and T- posts, which Biohabitats will install, as appropriate. Our soil management plan is to remove the uppermost vegetation and O-horizon from cut areas to be used as fill in the ponds as we did in Phase 1 to help reduce the reintroduction of invasive plant species and the spread of the weed seed bank across the site. Approximately 4 to 6 inches of the underlying topsoil (or A -horizon, if present) will then be stockpiled for replacement at the end of grading. Based on our estimates and experience with Phase 1, no imported topsoil is expected to be needed for the project. Grading: We anticipate using up to two track hoes, two front loaders, and articulated dump trucks, as needed. Grading activities will be completed in accordance with the approved plan. All equipment will be washed before entering the site. Most of the streambank work will occur from in the channel in order to minimize disturbance to existing bank vegetation. Work in the river will be conducted in select locations where in -channel vegetation is being relocated and where bank protection grading will occur. Variations from the plans may be necessary depending on site conditions and new information and will be noted in the daily construction summary. Significant changes from the plans will be discussed with the City project managers prior to implementation. Based on recent discussions, the City is interested in exploring design changes to the toe protection with the hope that such changes may result in significant cost savings. This additional design work is not covered in this task and will be completed as part of our current 2013 Professional Services contract. Any construction cost savings due to approved design modifications will be available for other project items or, if not used, will remain in the City's budget and not be billed by Biohabitats. As part of the grading, City staff will finalize the locations of trails and designated fishing and access points. Biohabitats will create the rough grade for the trail and the fishing/access areas. City staff will be responsible for completing the trail and fishing/access points. 0 Biohabitats, Inc. Reslote the Earth 6— Inspire Ecological Stewardship 07/16/2013 PROPOSAL Construction of Phase 2 Restoration at McMurry Natural Area -- City of Ft Collins, CO There appears to be extensive concrete and other types of nubble in one particular area on the left bank of the river channel, close to the old location of the crack willow and rope swing that was removed in 2011 and extending further downstream. In addition, there are at least three old automobiles embedded in the bank and may be others. As part of this scope of work, Biohabitats will be responsible for the removal and appropriate disposal of non -contaminated artificial rubble and the automobile encountered during grading. Biohabitats will extract the debris and place it in an on -site stockpile or dumpster. However, due to the uncertainty of the volume of material that will need to be removed and disposed, and additional handling and disposal fees above the assumed level of effort will have to be on a Time and i1laterials basis and will depend on the number of truckloads of material. Soil Preparation: Barring any unforeseen subsurface conditions that may be encountered, soil preparation will proceed as follows. After rough grading, Biohabitats will rip to a depth of 12 inches areas compacted by heavy equipment. Before compost is applied and before seeding and planting can begin, the final grades will be surveyed to confirm that they are within required ranges for the approved FED1A model. If additional grading is necessary to bring the final grades within required elevations it will be accomplished at this time before planting or seeding takes place. The City will then conduct rock removal attempting to remove as much cobble material as is practical. Following these steps, Biohabitats will then place stockpiled topsoil over graded areas, as appropriate. Biohabitats -,vill then provide up to 4 inches of compost from a certified source over the 3.5-acre Cottonwood/Shrub Woodland zone. To prevent promotion of weed growth, no additional amendments or fertilizer will be added. After the compost is placed, the City will disk the compost into the soil, which will also provide shallow soil loosening for areas that were driven on after the deeper ripping. The City will then seed the Cottonwood/Shrub Woodland zone and upland side slopes. As part of the Planting phase (below), Biohabitats will plant the trees in the Cottonwood/Shrub Woodland zone. Site Cleanup: We will work on maintaining a clean site throughout the project and will remove any trash upon completion. Construction fencing will be left in place for the City to relocate or remove at a future date of their choosing. Flagging individual trees for a variety of purposes will be lim ted to reduce overall need for cleanup. Site -clean up will include erosion control materials that do not need to remain for stability and flagging. City will be responsible for removal of geese exclusion material once the need for the protection is no longer needed. Overwintering: If the site will need to overwinter unvegetated due to construction completion being too late in the season for planting, then we will install temporary erosion and sediment control measures, which may include straw wattles along the streambank. Additional erosion control matting or hydromulching is not expected to be needed; however, if it is deemed necessary, it will be purchased and installed on a time and materials basis. 4. PLANTING Biohabitats will install the vegetation as listed on the planting schedules. Nursery stock will be delivered directly to the site, at which time Biohabitats and a Natural Areas staff member will inspect the plants as soon as possible after delivery to confirm that they match the plant schedule and are of the appropriate size, condition and species. In addition to the purchased plants, we will spend one day with a trackhoe to transplant trees up to 4 inches in diameter that would otherwise be removed due to grading activities. We will work with the City to ensure that appropriate trees are selected for transplanting. During planting, Biohabitats staff will prepare an "as - planted list" at the per pod level in the cottonwood zone to be included in the as -built plan.. During installation, we will irrigate plants, as needed, depending on soil conditions. Once planting is complete, the City will be responsible for watering during the establishment period. Vegetation protection from beaver and goose predation will be provided as fisted below: • Beaver protection caging will consist of 3-foot high, 14-gauge welded wire fencing for each individual cottonwood tree. Each cage will consist of 10 feet of fencing, one 5-foot T post (provided by the City), and three 10-inch metal staples. © Biohabitats, Inc. Retlaz the Earth & Inspire Ecological Steivardship 07/16/2013 PROPOSAL Construction of Phase 2 Restoration at McMurry Natural Area -- City of Ft Collins, CO Goose exclusion fencing for the areas of transition zone, wet meadow, and emergent wetland will be based on the City's wildlife fencing detail and consist of 2 strands of 14 gauge wire strung from 6' t-posts (or rebar as available from the City) placed in a grid 15-feet apart Two 1.5-foot lengths of metallic flagging tape will be attached between each t-post. As shown on the detail, we will install an additional top wire at 100-feet intervals. 5. POST -CONSTRUCTION ACTIVITIES This scope of work includes the development of a LONIR submittal, the associated pre -submittal review by the County and City, and MIA submittal and review. At the completion of construction, Biohabitats will work with Anderson Consulting Engineers and a professional surveyor to complete the work necessary for the LOMR. The LOAM will cover both the N4cN4urry Restoration project as well as the Sterling Restoration project, upstream. In addition, Biohabitats will use a CPS unit to locate and map the planting zone boundaries and overlap the planting zone boundaries on the design plan with the survey data to create an as built plan for the City. SCHEDULE This scope of work assumes the following approximate schedule discussed in recent planning meetings: Floodplain CLON4R review (by FENLA) — Summer 2013 CLON4R approved, begin construction (earliest date possible) — Fall 2013 Planting dependant on construction end date. If earthwork is finished by mid October, 2013 then planting will occur in late October 2013. Otherwise, planting will be completed in Spring 2014. Once the CLONIR is approved by FENiA, then construction can begin. However, we will work with the City at that time to determine the best construction start date based on site and weather conditions, state of river flows, and the status of any other items or projects that may influence the schedule. FEE The fee to complete the project described in this scope of work provided in the attached Table 1 fee breakdown spreadsheet and includes the labor, direct costs, reimbursables, and equipment required to complete the tasks outlined above. Please note, the budget includes an estimate of labor to remove debris from the bank, but the cost of rubble and debris removal (beyond this estimated level of effort) and disposal will be billed on a time and material basis as the nature and extent of the material is unknown at this time. The existing Work Order NA204 established an upfront budget of $135,000.00 for the purchase of plant materials -and rocks; and therefore, the final construction budget shows a credit for those items. Additional tasks will be billed, with City approval, on a time and materials basis, based on our contract rates. Tasks that the City will be responsible for conducting include: public notices and signage; assessing and identifying vegetation to be protected and trees to be felled; felling and bucking trees; rock picking, dishing, seeding and hpdromulch of upland areas; final selection and finishing of fishing areas and trails; and establishment irrigation. Our fee associated with this scope of work is based on past discussions with City staff and the assumptions provided below. If any assumptions in this scope of work are inconsistent with the City's understanding, Biohabitats would be more than happy to discuss them and revise our level of effort and associated fee accordingly. Assumptions The scope and fee estimate for Construction is based on the assumptions listed below: © Biohabitats, Inc. Restore the EmYh 6 Inspire Ecological Stewardship 07/16/2013 PROPOSAL Construction of Phase 2 Restoration at McAlurry Natural Area -- City of Ft Collins, CO 1. Biohabitats' scope of work does not include an assessment of water rights, property ownership, or other legal issues that may be associated with the project. 2. The City is responsible for the coordination of their staff for any construction -related activities in which they are involved. 3. The scope, fee, and schedule do not include any hydraulic analysis related to floodplain regulations or attendance to meetings not covered by the existing work order and this construction scope of work. Should the project assumptions or design approach change, any additional analysis and coordination will be added on a time and reimbursable direct -cost fee based on our contract rates. In addition, the final construction cost may need to be modified depending on the results from the permitting process, as well as schedule adjustments. 4. The construction budget is based on the current price of fuel: should the price go significantly- up or down between scope approval and the start of work, we will work with the City to modify the scope and or fee accordingly. 5. The City will be responsible for notifying adjoining land owners and providing signage and notification to the public of the restoration activities, goals, expectations and contact information for questions. 6. The following work items are not anticipated and are therefore not included in the fee estimate and proposed schedule: • Property boundary surveys • Geotechnical testing • Archeological, rare species, or cultural surveys • Utility relocation 7. This scope of work and fee estimate is based on the assumption that the projects are design/build and that the construction will not go out to bid. 8. Biohabitats will ensure all planted material receives thorough watering at the time of installation and until all plants are installed on site, which may include up to 3 weeks after installation; subsequent irrigation willbe the responsibility of the City. 9. The price does not include a warranty for the plant material. Biohabitats will inspect all plant material for viability when it is delivered to the site and will inspect the planting operations of the planting subcontractors to ensure proper installation. The City map inform Biohabitats of their desire to conduct another plant inspection prior to installation, i.e., if the plants have been stored on -site for several days or been subject to extreme weather. 10. This scope of work does not include permit application fees, and financial obligations related to local, state, and federal permits. 11. This scope of work assumes that any debris or excavated material is nonhazardous and does not include testing as a special solid waste. 12. The design and.costs are based on the expected time to balance the earthwork material across the site by retaining removed materials (approx. 50,000 cubic yards, expanded) on site and as close to the point of removal as possible. 13. No dewatering is anticipated during construction. 14. Revisions to drawings or other documents shall be considered extra services requiring adjustments to the fee and schedule. 15. This scope of work does not include weed control or a weed control plan. Construction activities will be managed to minimize the spread of invasive species into or across the site. This proposal is valid for 90 days, after which it may be renegotiated. © Biohabitats, Inc. Restore the Eaah & Ltsptre Ecological Stelvardship 07/16/2013 TABLE 1 McMurry Restoration Phase 2 Construction FEE BREAKDOWN 16.Jul-13 Pre -Construction Meeting & Construction Administration $ 15,595.00 Poudreometer/Put-in Feasibility and Final Design $ 10,105.00 Construction Supervision $ 46,450.00 Post construction -- as built $ 3,095.00 TOTAL BIO FEE $ 75,245.00 Grading and Survey ITEM UNIT QTY Budhoe Backhoe (includes bond) LS 1 $ 286,000.00 Survey staking LS 1 $ 5,500.00 Boulders for Rock Toe LS 1 $ 177,100.00 Riprap+Matting for Rock Toe and behind Bench LS 1 $ 17,020.30 Treatment for Riprap Bend LS 1 $ 19,085.00 River Access Areas LS 1 $ 10,000.00 TOTAL GRADING & SURVEYOR $ 514,706.00 Plant Material , ITEM UNIT QTY Aquatic and Wetland Nursery LS 1 $ 36,115.59 TOTAL PLANT MATERIAL $ 36,116.00 Plant Installation ITEM UNIT QTY Aquatic and Wetland Nursery LS 1 $ 38,865.59 TOTAL PLANTING $ 38,866.00 Other Items (includes compost, caging, and fencing) ITEM UNIT QTY Erosion and Sediment Control LS 1 $ 5,060.00 Compost LS 1 $ 35,616.67 Mulch LS 1 $ 652.30 Caging and Fencing LS 1 $ 15,510.00 Misc items LS 1 $ 6,666.00 TOTAL OTHER ITEMS $ 63,505.00 Grading Check Survey and Model Run 7773 ITEM UNIT QTY JNIT COST Survey and modeling LS 1 $ 13,200.00 TOTAL PLANTING $ 13,200.00 Subtotal $ 741,638 Biohabitats Performance Bond $ 15,333 Contingency 5% $ 37,082 Project Total $ 794,053 NA-204 Materials Procurement $ 135,000.00 Work Order Total $ 659,052.90 SECTION 00610 PERFORMANCE BOND Bond No. 394186 KNOW ALL MEN BY THESE PRESENTS: that Biohabitats Inc 1732 Wazee Street, Suite 209, Denver, CO 80202 (an Individual), (a Partnership), (a Corporation), hereinafter referred to as the "Principal' and (Firm) RLI Insurance Company (Address) 9025 N. Lindbergh Drive, Peoria, IL 61615 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 Six Hundred Fifty -Nine Thousand Fifty Two Dollars and Ninety Cents ($659,059.90) 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 161h day of July , 20,13, a copy of which is hereto attached and made a part hereof for the performance of The City of Fort Collins Project, P1126 Westland & Riparian Ecological Restoration — McMurry Natural Area Restoration Phase 2_ 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 temi 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. 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 some 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.