Loading...
The URL can be used to link to this page
Your browser does not support the video tag.
Home
My WebLink
About
109420 HYDRO CONSTRUCTION CO INC - CONTRACT - RFP - 8286 CONSTRUCTION CONTRACTOR FOR PROJECTS AT THE W (5)
FORT COLLINS UTILITIES CONSTRUCTION WORK ORDERS SPECIFICATIONS AND CONTRACT DOCUMENTS FOR 8286 CONSTRUCTION CONTRACTOR FOR PROJECTS AT THE WATER & WASTEWATER TREATMENT FACILITIES WITH HYDRO CONSTRUCTION COMPANY INC. DATED: JUNE 20, 2016 Financial Services Purchasing Division 215 N. Mason St. 2nd Floor PO Box 580 Fort Collins, CO 80522 970.221.6775 970.221.6707 fcgov.com/purchasing DocuSign Envelope ID: E79F28D6-E3CC-457D-B9C8-E7F0014947B1 CONTRACT DOCUMENTS TABLE OF CONTENTS CONTRACTOR INFORMATION 00300 Contractor Pricing CONTRACT DOCUMENTS 00500 Construction work Order Agreement Forms 00520 Agreement – Construction Work Order Type 00525 Work Order & Notice of Award 00530 Work Order Notice to Proceed 00600 Bonds and Certificates 00610 Performance Bond 00615 Payment Bond 00630 Certificate of Insurance 00635 Certificate of Substantial Completion 00640 Certificate of Final Acceptance 00650 Lien Waiver Release (CONTRACTOR) 00651 Lien Waiver Release (SUBCONTRACTOR) 00660 Consent of Surety 00670 Application for Exemption Certificate CONDITIONS OF THE CONTRACT 00700 General Conditions Exhibit GC-A 00800 Supplementary Conditions 00900 Addenda, Modifications, and Payment 00950 Contract Change Order 00960 Application for Payment SPECIFICATIONS DocuSign Envelope ID: E79F28D6-E3CC-457D-B9C8-E7F0014947B1 SECTION 00300 CONTRACTOR PRICING DocuSign Envelope ID: E79F28D6-E3CC-457D-B9C8-E7F0014947B1 DocuSign Envelope ID: E79F28D6-E3CC-457D-B9C8-E7F0014947B1 . DocuSign Envelope ID: E79F28D6-E3CC-457D-B9C8-E7F0014947B1 DocuSign Envelope ID: E79F28D6-E3CC-457D-B9C8-E7F0014947B1 DocuSign Envelope ID: E79F28D6-E3CC-457D-B9C8-E7F0014947B1 SECTION 00500 AGREEMENT FORMS 00520 Agreement - Construction Work Order Type 00525 Work Order & Notice of Award 00530 Work Order Notice to Proceed DocuSign Envelope ID: E79F28D6-E3CC-457D-B9C8-E7F0014947B1 SECTION 00520 AGREEMENT THIS AGREEMENT is dated as of the 20th day of June in the year of 2016 and shall be effective on the date this AGREEMENT is signed by the City. The City of Fort Collins (hereinafter called OWNER) and Hydro Construction Company Inc. (hereinafter called CONTRACTOR) OWNER and CONTRACTOR, in consideration of the mutual covenants hereinafter set forth, agree as follows: ARTICLE 1. WORK 1.1 Work Order Requirements. 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 generally defined as 8286 Construction Contractor for Projects at the Water & Wastewater Treatment Facilities; a Work Order for a specific portion of the Work, and incorporating the Notice of Award for that portion of the Work, may be agreed upon in writing by the parties from time to time. A blank sample of a Work Order & Notice of Award is attached hereto as Section 00525, consisting of two (2) pages, and incorporated herein by this reference. Each signed, executed Work Order & Notice of Award is incorporated into the Contract Documents by this reference. 1.2. Work to be Performed. Each Work Order shall include a description and specification of the work to be performed; the location and time for initiation and performance of the work; the amount of and procedures for payment, as specified in Article 5 of this Agreement; any labor, materials, or support to be supplied by the City; and any other special circumstances relating to the performance of work. 1.3 Work Orders Planned. The Project will include Work in accordance with 8286 Construction Contractor for Projects at Water & Wastewater Treatement Facilities. However, pursuant to this Agreement and the Contract Documents, OWNER reserves the right to alter or amend the scope of work of any specific Work Order as needed. 1.4. Work Order Authorization. The only work authorized under this Agreement is that which is performed after CONTRACTOR receives Notice to Proceed from OWNER, pursuant to a signed Work Order. The Notice to Proceed, Section 00530, shall be incorporated into each executed Work Order. However, in emergency circumstances, as required to protect the public health, safety, or welfare, oral work requests may be issued by OWNER. Oral requests for emergency actions will be confirmed by issuance of a written Work Order within two (2) working days; however, nothing in this paragraph may be construed to alter or eliminate CONTRACTOR’S responsibilities pursuant to paragraph 6.23 of the General Conditions. DocuSign Envelope ID: E79F28D6-E3CC-457D-B9C8-E7F0014947B1 1.5. Changes in the Work. OWNER may, at any time during the term of a particular Work Order and without invalidating the Agreement, make changes within the general scope of the particular work assigned and CONTRACTOR agrees to perform such changed work, pursuant to the provisions of the Contract Documents. OWNER reserves the right to independently contract for any services, rather than issuing work to CONTRACTOR pursuant to this Agreement. Nothing within this Agreement shall obligate OWNER to have any particular service performed by CONTRACTOR. 1.6. Bonds & Certificates. Pursuant to the Contract Documents and Article 5 of the General Conditions, each Work Order & Notice of Award shall specify the requirements for Performance and Payment Bonds. CONTRACTOR shall provide insurance required pursuant to the Contract Documents prior to OWNER’S execution of any Work Order, and, as may be required at the sole option of OWNER, prior to the Work Order Notice to Proceed. ARTICLE 2. ENGINEER 2.1. ENGINEER. Each portion of the Project to be performed by CONTRACTOR through the issuance of a Work Order will be designed by a person, firm, or corporation designated by OWNER and identified in the Work Order, who is hereinafter called ENGINEER and who will assume all duties and responsibilities and will have the rights and authority assigned to ENGINEER in the Contract Documents in connection with completion of the Work in accordance with the Contract Documents. 2.2. OWNER’S Representative. Notwithstanding the provisions of paragraph 2.1 above, the OWNER will designate, prior to the commencement of work on each specific Work Order, the OWNER’S Representative, who shall make, within the scope of his or her authority, all necessary and proper decisions with reference to the work requested. All requests concerning this Agreement shall be directed to OWNER’S Representative. ARTICLE 3. CONTRACT TIMES 3.1. Substantial Completion and Final Payment & Acceptance. Each Work Order shall define the Contract Times, including the number of days or dates for the Work of that Work Order to be Substantially Complete, as provided in the General Conditions, and completed and ready for Final Payment and Acceptance in accordance with the General Conditions. 3.2. Liquidated Damages. OWNER and CONTRACTOR recognize that time is of the essence of each Work Order authorized under this Agreement and that OWNER will suffer financial loss if the Work is not completed within the times specified in each Work Order pursuant to paragraph 3.1. above, plus any extensions thereof allowed in accordance with Article 12 of the General Conditions. They also recognize the delays, expenses DocuSign Envelope ID: E79F28D6-E3CC-457D-B9C8-E7F0014947B1 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 amount set forth in each Work Order. 3.3. Contract Period. This Agreement shall commence June 20, 2016, and shall continue in full force and effect through June 19, 2017. In addition, at the option of the City, the agreement may be extended for additional one year periods not to exceed four (4) additional one year periods. Written notice of renewal shall be provided to the Contractor and mailed no later than ninety (90) days prior to contract end. 3.4. Early Termination by OWNER / Notices. Notwithstanding the time periods contained herein or in any Work Order, OWNER may terminate this Agreement or any Work Order at any time without cause by providing written notice of termination to CONTRACTOR. Such notice shall be mailed at least fifteen (15) days prior to the termination date contained in said notice unless otherwise agreed in writing by the parties. All notices provided under this Agreement shall be effective when mailed, postage prepaid and sent to the following address: CONTRACTOR: OWNER: Copy to: Hydro Construction Company Inc. Attn: James Eurich 301 E Lincoln Ave Fort Collins, CO 80524 City of Fort Collins Attn: Purchasing Dept. PO Box 580 Fort Collins, CO 80522 City of Fort Collins Attn: Owen Randall PO Box 580 Fort Collins, CO 80522 In the event of early termination by OWNER, CONTRACTOR shall be paid for services rendered to the termination date, subject only to the satisfactory performance of CONTRACTOR’S obligations under this Agreement. Such payment shall be CONTRACTOR’S sole right and remedy for such termination. ARTICLE 4. CONTRACT PRICE 4.1. Unless otherwise provided in a Work Order, OWNER shall pay CONTRACTOR for performance of the Work in accordance with the Contract Documents in current funds, as specified in each Work Order, as Contract Price equal to the Cost of the Work plus a Fixed Fee in accordance with Exhibit “A” or Fixed Cost by specific line items. The Cost of the Work shall be as defined or excluded in Article 11, paragraphs 11.4 and 11.5, of the General Conditions, subject to the following: 4.1.1. Unless otherwise provided in a Work Order, payroll costs in the Cost of the Work shall be as defined in Article 11.4.1 of the General Conditions and shall not exceed thirty nine (39%) percent of the salaries and wages. DocuSign Envelope ID: E79F28D6-E3CC-457D-B9C8-E7F0014947B1 4.1.2. Unless otherwise provided in a Work Order, the Contract Price, exclusive of the cost or credit of any Change Orders or of Owner-procured equipment or Owner-provided work listed in each Work Order, is guaranteed by the CONTRACTOR not to exceed a Guaranteed Maximum Price specified in each Work Order, for all work covered by and included in the Work Order. The Allowable Cost of the Work shall be defined as the difference in the Fixed Fee and the Guaranteed Maximum Price. Costs which would cause the CONTRACTOR to exceed the Allowable Cost of the Work and/or Guaranteed Maximum Price shall be paid by the CONTRACTOR without reimbursement by the OWNER. 4.1.3. Unless otherwise provided in a Work Order, the CONTRACTOR’S Fixed Fee that may be authorized in the Work Order shall include all Field Office and General Office overhead, mark-up on all materials, equipment and subcontract costs, small tools allowance, equipment fuels, and equipment rentals as defined in Article 11.4.5.3 and the CONTRACTOR’S profit for the Allowable Cost of the Work. Payment for additional Field Office and General Office overhead and the CONTRACTOR’S profit shall not be included in any Change Order unless the total Contract Price, including all Change Orders, exceeds the Guaranteed Maximum Price. For any Change Order which increases the total Contract Price above the Guaranteed Maximum Price, the CONTRACTOR’S fee applied to the net increase shall, unless otherwise provided in the Work Order, include Field Office overhead and profit which shall be defined as 5.5(5.5%) percent of the actual Cost of the Work, General Office overhead and profit which shall be defined as 5.0 (5.0%) percent of the actual Cost of the Work. 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. RETAINAGE. Prior to Substantial Completion, Owner will be entitled to withhold as contract retainage five percent (5%) of each progress payment, but, in each case, less the aggregate of payments previously made and less such amounts as ENGINEER shall determine, or OWNER may withhold, in accordance with paragraph 14.7 of the General Conditions. If, in the sole discretion of Owner, on recommendation of Engineer, Owner determines that the character and progress of the Work have been satisfactory to OWNER and ENGINEER, OWNER may DocuSign Envelope ID: E79F28D6-E3CC-457D-B9C8-E7F0014947B1 determine that as long as the character and progress of the Work remain satisfactory to them, there will be no additional retainage on account of Work completed in which case the remaining progress payments prior to Substantial Completion will be in an amount equal to 100% of the Work completed. 95% of materials and equipment not incorporated in the Work (but delivered, suitably stored and accompanied by documentation satisfactory to OWNER as provided in paragraph 14.2 of the General Conditions) may be included in the application Section 00520 Page 3 for payment. 5.1.2. Upon Substantial Completion of a Work Order, payment will be made in an amount sufficient, if necessary, to increase total payments to CONTRACTOR to 95% of the Contract Price, less such amounts as 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, DocuSign Envelope ID: E79F28D6-E3CC-457D-B9C8-E7F0014947B1 tests, reports, studies or similar information or data are or will be required by CONTRACTOR for such purposes. 6.4. CONTRACTOR has reviewed and checked all information and data shown or indicated on the Contract Documents with respect to existing Underground Facilities at or contiguous to the site and assumes responsibility for the accurate location of said Underground Facilities. No additional examinations, investigations, explorations, tests, reports, studies or similar information or data in respect of said Underground Facilities are or will be required by CONTRACTOR in order to perform and furnish the Work at the Contract Price, within the Contract Times and in accordance with the other terms and conditions of the Contract Documents, 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, as specified and identified in each Work Order. The Contract Drawings for a Work Order shall be stamped "Final for Construction" and dated. Any revisions made shall be clearly identified and dated. 7.4. 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, including amendments to any Work Order.. DocuSign Envelope ID: E79F28D6-E3CC-457D-B9C8-E7F0014947B1 7.5. 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. ARTICLE 8. MISCELLANEOUS 8.1. DEFINITIONS. 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. ASSIGNMENT. 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. BINDING EFFECT. 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. 8.4. INDEPENDENT CONTRACTOR. It is agreed that in the performance of any services hereunder, CONTRACTOR is an independent contractor responsible to OWNER only as to the results to be obtained in the particular work assignment and to the extent that the work shall be done in accordance with the terms, plans and specifications furnished by OWNER. CONTRACTOR shall neither assign any responsibilities nor delegate any duties arising under the Agreement without the prior written consent of OWNER. 8.5. ACCEPTANCE NOT WAIVER. OWNER'S approval or acceptance of, or payment for, any of the Work shall not be construed to operate as a waiver of any rights under the Agreement or of any cause of action arising out of the performance of this Agreement. 8.6. DEFAULT. Each and every term and condition hereof shall be deemed to be a material element of this Agreement. In the event either party should fail or refuse to perform according to the terms of this agreement, such party may be declared in default thereof. 8.7. REMEDIES. In the event a party has been declared in default, such defaulting party shall be allowed a period of ten (10) days within which to cure said default. In the event the default remains uncorrected, the party declaring default may elect to (a) terminate the Agreement and seek DocuSign Envelope ID: E79F28D6-E3CC-457D-B9C8-E7F0014947B1 damages; (b) treat the Agreement as continuing and require specific performance; or (c) avail himself of any other remedy at law or equity. If the non-defaulting party commences legal or equitable actions against the defaulting party, the defaulting party shall be liable to the non-defaulting party for the non-defaulting party's reasonable attorney fees and costs incurred because of the default. 8.8. LAW / SEVERABILITY. This Agreement shall be governed in all respects by the laws of the State of Colorado. In the event any provision of this Agreement shall be held invalid or unenforceable by any court of competent jurisdiction, such holding shall not invalidate or render unenforceable any other provision of this Agreement. 8.9 AMENDMENT 54. To the extent that this Agreement may constitute a "sole source government contract" within the meaning of Section 2(14.4) of Article XXVIII of the constitution of the State of Colorado, about which the City makes no representation, Section 15 of said Article XXVIII, which reads as follows, is hereby incorporated into this Agreement and made a part hereof: a. Section 15. Because of a presumption of impropriety between contributions to any campaign and sole source government contracts, contract holders shall contractually agree, for the duration of the contract and for two years thereafter, to cease making, causing to be made, or inducing by any means, a contribution, directly or indirectly, on behalf of the contract holder or on behalf of his or her immediate family member and for the benefit of any political party or for the benefit of any candidate for any elected office of the state (of Colorado) or any of its political subdivisions. DocuSign Envelope ID: E79F28D6-E3CC-457D-B9C8-E7F0014947B1 OWNER: CITY OF FORT COLLINS CONTRACTOR: HYDRO CONSTRUCTION COMPANY INC. By: By: GERRY PAUL PURCHASING DIRECTOR PRINTED Date: Title: Date: Attest: City Clerk Address for giving notices: P. O. Box 580 Fort Collins, CO 80522 Approved as to Form Assistant City Attorney DocuSign Envelope ID: E79F28D6-E3CC-457D-B9C8-E7F0014947B1 6/27/2016 Jim Eurich COO 6/29/2016 SECTION 00525 NOTICE TO PROCEED DATE: TO: Hydro Construction Company Inc. WORK ORDER # AND TITLE: PURCHASE ORDER NUMBER: ORIGINAL RFP # AND TITLE: 8286 Construction Contractor for Projects at the Water & Wastewater Treatment Facilities OWNER: CITY OF FORT COLLINS (hereinafter referred to as OWNER) OWNER’S REPRESENTATIVE: ENGINEER: 1. WORK. You are hereby notified that your Bid dated , for the above Work Order has been considered. Pursuant to your AGREEMENT with OWNER dated June 20, 2016 under RFP 8286 Construction Contractor for Projects at the Water & Wastewater Treatment Facilities, you have been awarded a Work Order for [Project # and Name] and is generally described in Section 01010. The charges and fees are defined in Attachment A, hereby attached and incorporated as a part of this agreement. 2. CONTRACT PRICE, BONDS, AND CERTIFICATES. The Price of your Work Order is ($ ). Pursuant to the AGREEMENT and the Contract Documents, Performance and Payment Bonds and insurance are required. 3. CONTRACT TIMES. Pursuant to the AGREEMENT and the Contract Documents, the Work shall be Substantially Complete within ( ) calendar days 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 ( ) calendar days after the date when the Contract Times commence to run. 4. LIQUIDATED DAMAGES. Pursuant to the AGREEMENT and the Contract Documents: 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 preceding the actual loss suffered by OWNER if the Work is not completed on time. Accordingly, instead of requiring any such proof, OWNER and CONTRACTOR agree DocuSign Envelope ID: E79F28D6-E3CC-457D-B9C8-E7F0014947B1 that as Liquidated damages for delay (but not as penalty) CONTRACTOR shall pay OWNER the amounts set forth hereafter. 1) Substantial Completion: Dollars ($ ) for each calendar day or fraction thereof that expires after the ( ) calendar day period for Substantial Completion of the Work until the Work is Substantially Complete. 2) Final Acceptance: After Substantial Completion, Dollars ($ ) for each calendar day or fraction thereof that expires after the ( ) calendar day period for Final Payment and Acceptance until the Work is ready for Final Payment and Acceptance. 5. EXECUTION. Three (3) copies of this proposed Work Order & Notice of Award, and accompanying amendments or supplements to the Contract Documents (except any applicable Drawings) incorporated herein, are provided. Four (4) sets of any applicable 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 [Date]. 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. 6. MISCELLANEOUS. In the event of a conflict between or ambiguity in the terms of the AGREEMENT and this Work Order (included the attached Contract Documents), the AGREEMENT shall control. DocuSign Envelope ID: E79F28D6-E3CC-457D-B9C8-E7F0014947B1 CONTRACTOR: HYDRO CONSTRUCTION COMPANY INC. By: ________________________________________ Date: ____________________ Printed: ___________________________ Title: ________________________________ OWNER’S ACCEPTANCE & EXECUTION: This Work Order and the attached Contract Documents are hereby accepted and incorporated herein by this reference, and the attached Notice to Proceed is hereby given. ACCEPTANCE: _____________________________________________ , Special Projects Manager ACCEPTANCE: ______________________________________________ , Chief Engineer ACCEPTANCE: ______________________________________________ , Water Resources/Treatment Operations Manager ACCEPTANCE: ______________________________________________ Kevin Gertig, Utilities Executive Director (if $1,000,000) OWNER: CITY OF FORT COLLINS By: ________________________________________ Date: _________________ GERRY PAUL PURCHASING DIRECTOR (if greater than $60,000) DocuSign Envelope ID: E79F28D6-E3CC-457D-B9C8-E7F0014947B1 SECTION 00530 WORK ORDER NOTICE TO PROCEED WORK ORDER NUMBER: WORK ORDER TITLE: TO: HYDRO CONSTRUCTION COMPANY INC. Attn: This notice is to advise you: That the Work Order and all amendments and supplements to the Contract Documents covering the above described Work have been fully executed by the CONTRACTOR and the OWNER. That the required CONTRACTOR's Performance and Payment Bonds and insurance have been received by the OWNER. That the OWNER has approved the said Work Order and 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 Work Order and the AGREEMENT. The dates for Substantial Completion and Final Acceptance shall be , 20 and , 20__ , respectively. Dated this day of , 20 . City of Fort Collins OWNER By: Title: ACKNOWLEDGMENT OF NOTICE Receipt of the above Notice to Proceed is hereby acknowledged this day of , 20__. CONTRACTOR: HYDRO CONSTRUCTION COMPANY INC. By: Title: DocuSign Envelope ID: E79F28D6-E3CC-457D-B9C8-E7F0014947B1 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) 00651 Lien Waiver Release (SUBCONTRACTOR) 00660 Consent of Surety 00670 Application for Exemption Certificate DocuSign Envelope ID: E79F28D6-E3CC-457D-B9C8-E7F0014947B1 SECTION 00610 PERFORMANCE BOND Bond No. KNOW ALL MEN BY THESE PRESENTS: that Hydro Construction Company Inc. 301 E Lincoln Ave., Fort Collins, CO 80524 (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 Dollars ($ ) 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 20th day of June, 2016, a copy of which is hereto attached and made a part hereof for the performance of The City of Fort Collins RFP 8286 Construction Contractor for Projects at the Water & Wastewater Treatment Facilities, for the performance of The City of Fort Collins Work Order, titled , Work Order Number , dated , a copy of which is hereto attached and made a part hereof. 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. 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. DocuSign Envelope ID: E79F28D6-E3CC-457D-B9C8-E7F0014947B1 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) (Title) (Corporate Seal) (Address) IN PRESENCE OF: Other Partners _____________________________ By: _____________________________ By: IN PRESENCE OF: Surety _____________________________ By:_____________________________________ _____________________________ (Address) (Surety Seal) NOTE: Date of Bond must not be prior to date of Agreement. If CONTRACTOR is Partnership, all partners should execute Bond. DocuSign Envelope ID: E79F28D6-E3CC-457D-B9C8-E7F0014947B1 SECTION 00615 PAYMENT BOND Bond No. KNOW ALL MEN BY THESE PRESENTS: that Hydro Construction Company Inc. 301 E Lincoln Ave., Fort Collins, CO 80524 (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 Dollars ($ ) 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 20th day of June, 2016, a copy of which is hereto attached and made a part hereof for the performance of The City of Fort Collins RFP 8286 Construction Contractor for Projects at the Water & Wastewater Treatment Facilities, for the performance of The City of Fort Collins Work Order, titled , Work Order Number , dated , a copy of which is hereto attached and made a part hereof. 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. DocuSign Envelope ID: E79F28D6-E3CC-457D-B9C8-E7F0014947B1 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) (Title) (Corporate Seal) (Address) IN PRESENCE OF: Other Partners _____________________________ By: _____________________________ By: IN PRESENCE OF: Surety _____________________________ By:_____________________________________ _____________________________ (Address) (Surety Seal) NOTE: Date of Bond must not be prior to date of Agreement. If CONTRACTOR is Partnership, all partners should execute Bond. DocuSign Envelope ID: E79F28D6-E3CC-457D-B9C8-E7F0014947B1 SECTION 00630 CERTIFICATE OF INSURANCE CONTRACTOR shall insert his own standard form for Certificate of Insurance in accordance with the following requirements: 1. The Contractor will provide, from insurance companies acceptable to the City, the insurance coverage designated hereinafter and pay all costs. Before commencing work under this bid, the Contractor shall furnish the City with certificates of insurance showing the type, amount, class of operations covered, effective dates and date of expiration of policies, and containing substantially the following statement: “The insurance evidenced by this Certificate will not reduce coverage or limits and will not be cancelled, except after thirty (30) days written notice has been received by the City of Fort Collins.” In case of the breach of any provision of the Insurance Requirements, the City, at its option, may take out and maintain, at the expense of the Contractor, such insurance as the City may deem proper and may deduct the cost of such insurance from any monies which may be due or become due the Contractor under this Agreement. The City, its officers, agents and employees shall be named as additional insureds on the Contractor 's general liability and automobile liability insurance policies for any claims arising out of work performed under this Agreement. 2. Insurance coverages shall be as follows: A. Workers' Compensation & Employer's Liability. The Contractor shall maintain during the life of this Agreement for all of the Contractor's employees engaged in work performed under this agreement: 1. Workers' Compensation insurance with statutory limits as required by Colorado law. 2. Employer's Liability insurance with limits of $100,000 per accident, $500,000 disease aggregate, and $100,000 disease each employee. B. Commercial General & Vehicle Liability. The Contractor shall maintain during the life of this Agreement such commercial general liability and automobile liability insurance as will provide coverage for damage claims of personal injury, including accidental death, as well as for claims for property damage, which may arise directly or indirectly from the performance of work under this Agreement. Coverage for property damage shall be on a "broad form" basis. The amount of insurance for each coverage, Commercial General and Vehicle, shall not be less than $1,000,000 combined single limits for bodily injury and property damage. In the event any work is performed by a subcontractor, the Contractor shall be responsible for any liability directly or indirectly arising out of the work performed under this Agreement by a subcontractor, which liability is not covered by the subcontractor's insurance DocuSign Envelope ID: E79F28D6-E3CC-457D-B9C8-E7F0014947B1 SECTION 00635 CERTIFICATE OF SUBSTANTIAL COMPLETION TO: CITY OF FORT COLLINS (OWNER) WORK ORDER #: WORK ORDER TITLE: DATE OF SUBSTANTIAL COMPLETION: PROJECT OR SPECIFIED PART SHALL LOCATION: Fort Collins, Colorado INCLUDE: OWNER: City of Fort Collins CONTRACTOR: Hydro Construction Company Inc. CONTRACT DATE: June 20, 2016 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. 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: DocuSign Envelope ID: E79F28D6-E3CC-457D-B9C8-E7F0014947B1 SECTION 00640 CERTIFICATE OF FINAL ACCEPTANCE , 20__ TO: Hydro Construction Company Inc. Gentlemen: You are hereby notified that on the day of , 20__, the City of Fort Collins, Colorado, has accepted the Work completed by Hydro Construction Company Inc. for the City of Fort Collins Work Order number , titled . A check is attached hereto in the amount of $ as Final Payment for all Work done, subject to the terms of the Contract Documents including the Work Order, which is dated , and the AGREEMENT, which is dated June 20, 2016. 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: DocuSign Envelope ID: E79F28D6-E3CC-457D-B9C8-E7F0014947B1 SECTION 00650 LIEN WAIVER RELEASE (CONTRACTOR) TO: City of Fort Collins, Colorado (OWNER) FROM: Hydro Construction Company Inc. (CONTRACTOR) WORK ORDER #: WORK ORDER TITLE: 1. The CONTRACTOR acknowledges having received payment, except retainage from the OWNER for all work, labor, skill and material furnished, delivered and performed by the CONTRACTOR for the OWNER or for anyone in the construction, design, improvement, alteration, addition or repair of the above described project. 2. In consideration of such payment and other good and valuable consideration, the receipt and adequacy of which are hereby acknowledged, the CONTRACTOR voluntarily waives all rights, claims and liens, including but not limited to, mechanic's liens, Miller Act claims (40 U.S.C.A. 270 a and b), stop notices, equitable liens and labor and material bond rights which the CONTRACTOR may now or may afterward have, claim or assert for all and any work, labor, skill or materials furnished, delivered or performed for the construction, design, improvement, alteration, addition or repair of the above described project, against the OWNER or its officers, agents, employees or assigns, against any fund of or in the possession or control of the OWNER, against the project or against all land and the buildings on and appurtenances to the land improved by the project. 3. The CONTRACTOR affirms that all work, labor and materials, furnished, delivered or performed to or for the construction, design, improvement, alteration, addition or repair of the project were furnished, delivered or performed by the CONTRACTOR or its agents, employees, and servants, or by and through the CONTRACTOR by various Subcontractors or materialmen or their agents, employees and servants and further affirms the same have been paid in full and have released in full any and all existing or possible future mechanic's liens or rights or claims against the project or any funds in the OWNER'S possession or control concerning the project or against the OWNER or its officers, agents, employees or assigns arising out of the project. 4. The CONTRACTOR agrees to defend and hold harmless the OWNER, the lender, if any, and the Surety on the project against and from any claim hereinafter made by the CONTRACTOR'S Subcontractors, materialmen, employees, servants, agents or assigns against the project or against the OWNER or its officers, employees, agents or assigns arising out of the project for all loss, damage and costs, including reasonable attorney’s fees, incurred as a result of such claims. 5. The parties acknowledge that the description of the project set forth above constitutes 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. DocuSign Envelope ID: E79F28D6-E3CC-457D-B9C8-E7F0014947B1 Signed this day of , 20__. CONTRACTOR: HYDRO CONSTRUCTION COMPANY INC. 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. Notary Public My Commission Expires: DocuSign Envelope ID: E79F28D6-E3CC-457D-B9C8-E7F0014947B1 SECTION 00651 LIEN WAIVER RELEASE (SUBCONTRACTOR) TO: City of Fort Collins, Colorado (OWNER) FROM: [Subcontractor] (SUBCONTRACTOR) WORK ORDER #: WORK ORDER TITLE: 1. The SUBCONTRACTOR acknowledges having received payment, except retainage from the OWNER for all work, labor, skill and material furnished, delivered and performed by the SUBCONTRACTOR 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 SUBCONTRACTOR 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 SUBCONTRACTOR 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 SUBCONTRACTOR 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 SUBCONTRACTOR or its agents, employees, and servants, or by and through the SUBCONTRACTOR 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 SUBCONTRACTOR 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 SUBCONTRACTOR'S Subcontractors, materialmen, employees, servants, agents or assigns against the project or against the OWNER or its officers, employees, agents or assigns arising out of the project for all loss, damage and costs, including reasonable attorney’s fees, incurred as a result of such claims. 5. The parties acknowledge that the description of the project set forth above constitutes 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. DocuSign Envelope ID: E79F28D6-E3CC-457D-B9C8-E7F0014947B1 Signed this day of , 20__. CONTRACTOR: HYDRO CONSTRUCTION COMPANY INC. 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. Notary Public My Commission Expires: DocuSign Envelope ID: E79F28D6-E3CC-457D-B9C8-E7F0014947B1 SECTION 00660 CONSENT OF SURETY TO: City of Fort Collins, Colorado (hereinafter referred to as the "OWNER") CONTRACTOR: Hydro Construction Company Inc. WORK ORDER #: WORK ORDER TITLE: CONTRACT DATE: June 20, 2016 WORK ORDER DATE: [Date] 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 , 20____ . (Surety Company) By: ATTACH: Power of Attorney and Certificate of Authority of Attorney(s)-in-Fact. DocuSign Envelope ID: E79F28D6-E3CC-457D-B9C8-E7F0014947B1 SECTION 00670 APPLICATION FOR EXEMPTION CERTIFICATE DocuSign Envelope ID: E79F28D6-E3CC-457D-B9C8-E7F0014947B1 DocuSign Envelope ID: E79F28D6-E3CC-457D-B9C8-E7F0014947B1 SECTION 00700 GENERAL CONDITIONS DocuSign Envelope ID: E79F28D6-E3CC-457D-B9C8-E7F0014947B1 DocuSign Envelope ID: E79F28D6-E3CC-457D-B9C8-E7F0014947B1 DocuSign Envelope ID: E79F28D6-E3CC-457D-B9C8-E7F0014947B1 DocuSign Envelope ID: E79F28D6-E3CC-457D-B9C8-E7F0014947B1 DocuSign Envelope ID: E79F28D6-E3CC-457D-B9C8-E7F0014947B1 DocuSign Envelope ID: E79F28D6-E3CC-457D-B9C8-E7F0014947B1 DocuSign Envelope ID: E79F28D6-E3CC-457D-B9C8-E7F0014947B1 DocuSign Envelope ID: E79F28D6-E3CC-457D-B9C8-E7F0014947B1 DocuSign Envelope ID: E79F28D6-E3CC-457D-B9C8-E7F0014947B1 DocuSign Envelope ID: E79F28D6-E3CC-457D-B9C8-E7F0014947B1 DocuSign Envelope ID: E79F28D6-E3CC-457D-B9C8-E7F0014947B1 DocuSign Envelope ID: E79F28D6-E3CC-457D-B9C8-E7F0014947B1 DocuSign Envelope ID: E79F28D6-E3CC-457D-B9C8-E7F0014947B1 DocuSign Envelope ID: E79F28D6-E3CC-457D-B9C8-E7F0014947B1 DocuSign Envelope ID: E79F28D6-E3CC-457D-B9C8-E7F0014947B1 DocuSign Envelope ID: E79F28D6-E3CC-457D-B9C8-E7F0014947B1 DocuSign Envelope ID: E79F28D6-E3CC-457D-B9C8-E7F0014947B1 DocuSign Envelope ID: E79F28D6-E3CC-457D-B9C8-E7F0014947B1 DocuSign Envelope ID: E79F28D6-E3CC-457D-B9C8-E7F0014947B1 DocuSign Envelope ID: E79F28D6-E3CC-457D-B9C8-E7F0014947B1 DocuSign Envelope ID: E79F28D6-E3CC-457D-B9C8-E7F0014947B1 DocuSign Envelope ID: E79F28D6-E3CC-457D-B9C8-E7F0014947B1 DocuSign Envelope ID: E79F28D6-E3CC-457D-B9C8-E7F0014947B1 DocuSign Envelope ID: E79F28D6-E3CC-457D-B9C8-E7F0014947B1 DocuSign Envelope ID: E79F28D6-E3CC-457D-B9C8-E7F0014947B1 DocuSign Envelope ID: E79F28D6-E3CC-457D-B9C8-E7F0014947B1 DocuSign Envelope ID: E79F28D6-E3CC-457D-B9C8-E7F0014947B1 DocuSign Envelope ID: E79F28D6-E3CC-457D-B9C8-E7F0014947B1 DocuSign Envelope ID: E79F28D6-E3CC-457D-B9C8-E7F0014947B1 DocuSign Envelope ID: E79F28D6-E3CC-457D-B9C8-E7F0014947B1 DocuSign Envelope ID: E79F28D6-E3CC-457D-B9C8-E7F0014947B1 DocuSign Envelope ID: E79F28D6-E3CC-457D-B9C8-E7F0014947B1 DocuSign Envelope ID: E79F28D6-E3CC-457D-B9C8-E7F0014947B1 DocuSign Envelope ID: E79F28D6-E3CC-457D-B9C8-E7F0014947B1 DocuSign Envelope ID: E79F28D6-E3CC-457D-B9C8-E7F0014947B1 DocuSign Envelope ID: E79F28D6-E3CC-457D-B9C8-E7F0014947B1 DocuSign Envelope ID: E79F28D6-E3CC-457D-B9C8-E7F0014947B1 DocuSign Envelope ID: E79F28D6-E3CC-457D-B9C8-E7F0014947B1 DocuSign Envelope ID: E79F28D6-E3CC-457D-B9C8-E7F0014947B1 DocuSign Envelope ID: E79F28D6-E3CC-457D-B9C8-E7F0014947B1 DocuSign Envelope ID: E79F28D6-E3CC-457D-B9C8-E7F0014947B1 DocuSign Envelope ID: E79F28D6-E3CC-457D-B9C8-E7F0014947B1 DocuSign Envelope ID: E79F28D6-E3CC-457D-B9C8-E7F0014947B1 DocuSign Envelope ID: E79F28D6-E3CC-457D-B9C8-E7F0014947B1 DocuSign Envelope ID: E79F28D6-E3CC-457D-B9C8-E7F0014947B1 DocuSign Envelope ID: E79F28D6-E3CC-457D-B9C8-E7F0014947B1 DocuSign Envelope ID: E79F28D6-E3CC-457D-B9C8-E7F0014947B1 DocuSign Envelope ID: E79F28D6-E3CC-457D-B9C8-E7F0014947B1 DocuSign Envelope ID: E79F28D6-E3CC-457D-B9C8-E7F0014947B1 DocuSign Envelope ID: E79F28D6-E3CC-457D-B9C8-E7F0014947B1 DocuSign Envelope ID: E79F28D6-E3CC-457D-B9C8-E7F0014947B1 DocuSign Envelope ID: E79F28D6-E3CC-457D-B9C8-E7F0014947B1 DocuSign Envelope ID: E79F28D6-E3CC-457D-B9C8-E7F0014947B1 DocuSign Envelope ID: E79F28D6-E3CC-457D-B9C8-E7F0014947B1 SECTION 00800 SUPPLEMENTARY CONDITIONS Conditions of the Contract These Supplementary Conditions amend or supplement the General Conditions of the Construction Contract (EJCDC General Conditions 1910-8, 1990 edition with City of Fort Collins modifications) and other provisions of the Contract Documents as indicated below. SC-1.38 Definitions A. Add the following language to the conclusion of paragraph 1.38 of the General Conditions: Substantial Completion. .... Substantial Completion is further defined as that degree of completion of the operating facilities or systems of the Project defined in the Work Order sufficient to provide the OWNER the full time, uninterrupted, continuous, beneficial operation of the modifications, and all inspections required have been completed and identified conditions corrected. SC-1.43 Work Order A. Add the following new paragraph immediately after paragraph 1.43 of the General Conditions: 1.43 Work Order--A written document executed by OWNER and CONTRACTOR that provides for the construction of a portion of the Work, pursuant to the Agreement and all as required by the Contract Documents, and that becomes a Contract Document when executed. SC-2.8 Preliminary Matters A. Delete paragraph 2.8 of the General Conditions entirely and replace it with the following paragraph: Preconstruction Conference. Within ten days after the Contract Times for a Work Order start to run, but before any Work at the site is started, a conference attended by CONTRACTOR, ENGINEER and others as appropriate will be held to establish a working relationship among the parties as to the Work and to discuss the schedules referred to in paragraph 2.6, procedures for handling Shop Drawings and other submittals, processing Applications for Payment, and maintaining required records. SC-2.10 Work Order A. Add the following new paragraph immediately after paragraph 2.9 of the General Conditions: 2.10 Work Order Required for All Work. References to the Agreement in this Article 2 and in the General and Supplementary Conditions and Contract DocuSign Envelope ID: E79F28D6-E3CC-457D-B9C8-E7F0014947B1 Documents notwithstanding, no Work shall be initiated or performed until CONTRACTOR has received a signed and executed Work Order, incorporating the Notice to Proceed, from OWNER; and no provision of this Article 2 or of the General and Supplementary Conditions and Contract Documents shall permit or require any action of CONTRACTOR in the absence of a signed and executed Work Order. All provisions of this Article 2 and of the General and Supplementary Conditions and Contract Documents referencing the Agreement or other parts of the Contract Documents, or permitting or requiring any action of CONTRACTOR, shall be read as referencing and, as appropriate, requiring a signed and executed Work Order. SC-4.2 Subsurface and Physical Conditions: A. Add the following language to paragraph 4.2.1 of the General Conditions. 4.2.1.1.1 The following report(s) of exploration and tests of subsurface conditions at the site of the Work: N/A Contractor may rely upon the accuracy of the technical data contained in the geotechnical documents, but not upon nontechnical data, interpretations or opinions contained therein or upon the completeness of any information in the report. B. 4.2.1.2.1 No drawing of physical conditions in or relating to existing surface or subsurface structures (except Underground Facilities referred to in Paragraph 4.3) which are at or contiguous to the site have been utilized by the Engineer in preparation of the Contract Documents, except the following: N/A SC-5.4.7 Additional Insureds. Include the following parties or entities as additional insureds, as provided in paragraph 5.4.7 of the General Conditions: 5.4.7.1 City of Fort Collins, PO Box 580, Fort Collins, Colorado 80522 SC-5.4.8 Limits of Liability A. Add the following language at the end of paragraph 5.4.8. The limits of liability for the insurance required by the paragraph numbers of the General Conditions listed below are as follows: 5.4.1 and 5.4.2 Coverage A - Statutory Limits Coverage B - $100,000/$100,000/$500,000 DocuSign Envelope ID: E79F28D6-E3CC-457D-B9C8-E7F0014947B1 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). SC-6.14.3 Contractors Responsibilities A. Add the following new paragraph immediately after paragraph 6.14.2 of the General Conditions: 6.14.3. The following Laws or Regulations are included in the Contract Documents as mandated by statute or for the convenience of the CONTRACTOR. Other Laws and Regulations apply which are not included herein, and are within the CONTRACTOR's duty and responsibility for compliance thereto: 6.14.3.1 Notice to owners of Underground Facilities is required prior to excavations in the vicinity of such facilities. 6.14.3.2 Unless otherwise decided by reason of the amount of the Contract Price involved, or other good reason, before or at the time that the contract is awarded to a corporation outside the State of Colorado, such corporation must carry out the proper procedure to become authorized to do business in the State of Colorado, designate a place of business therein, and appoint an agent for service of process. Such corporation must furnish the OWNER with a certificate from the Secretary of State of Colorado has been issued by its office and there shall also be procured from the Colorado Secretary of State of photostatic or certified copy of the designated of place of business and appointment of agent for service of process, or a letter from the Colorado Secretary of State that such designation of place of business and agent for service of process have been made. 6.14.3.3 The CONTRACTOR must conform to the rules and regulations of the Industrial Commission of Colorado. Particular reference is made to rules and regulations governing excavation Work adopted by the Industrial Commission of Colorado. SC-8.10 OWNER’s Project Manager DocuSign Envelope ID: E79F28D6-E3CC-457D-B9C8-E7F0014947B1 A. Add the following language to ARTICLE 8: 8.10. The OWNER will provide a Project Manager. The CONTRACTOR shall direct all questions concerning Contract interpretation, Change Orders, and other requests for clarification or instruction to the Project Manager. 8.10.1 Authority: The Project Manager will be the OWNER's representative during the construction of the project. The Project Manager shall have the authority set forth in the OWNER's Capital Project Procedures Manual. The Project Manager shall have the authority to reject work and materials whenever such rejection may be necessary to ensure the proper performance of the Work in accordance with the Contract Documents. 8.10.2 Duties and Responsibilities: The Project Manager will make periodic visits to the project site to observe the progress and quality of the Work and to determine, in general, if the Work is proceeding in accordance with the Contract Documents. The Project Manager shall not be required to make comprehensive or continuous inspections to check the progress or quality of the Work. The Project Manager shall not be responsible for construction means, methods, techniques, sequences, or procedures, or for safety precautions or programs in connection with the Work, or for any failure of the Contractor to comply with laws and regulation applicable to the performance or furnishing of the Work. Visits and observations made by the Project Manager shall not relieve the CONTRACTOR of his obligation to conduct comprehensive inspections of the Work, to furnish materials and perform acceptable Work, and to provide adequate safety precautions in conformance with the Contract Documents. The Project Manager shall at all times have access to the Work. The CONTRACTOR shall provide facilities for such access so the Project Manager may perform his or her functions under the Contract Documents. 8.10.3 One or more Resident Construction Inspector(s) (RCI) may be assigned to assist the Project Manager in providing observation of the Work, to determine whether or not the Work is proceeding according to the construction documents. CONTRACTOR will receive written notification from the OWNER of any RCI assignments. The RCI shall not supervise, direct or have control or authority over, nor be responsible for, CONTRACTOR's means, methods, techniques, sequences or procedures of construction or the safety precautions and programs incident thereto, or for any failure of CONTRACTOR to comply with Laws and Regulations applicable to the furnishing or performance of the Work. The RCI will not be responsible for CONTRACTOR's failure to perform or furnish the Work in accordance with the Contract Documents. The RCI's dealings in matters pertaining to the on-site work will be to keep the Project Manager properly apprised about such DocuSign Envelope ID: E79F28D6-E3CC-457D-B9C8-E7F0014947B1 matters. 8.10.4 Communications: All instructions, approvals, and decisions of the Project Manager shall be in writing. The CONTRACTOR may not rely on instructions, approvals, or decisions of the Project Manager until the same are reduced to writing. SC-11.6.2 Change of Contract Price A. Add the following new paragraph to paragraph 11.6.2 of the General Conditions: 11.6.2.7. Cost of the Work. Allowances for profit, overhead and mark-up prescribed by Article 4 of the Agreement shall be used in lieu of any CONTRACTOR'S fee, overhead, profit or mark-up allowances as prescribed in paragraphs 11.6.2.1, 11.6.2.2, and 11.6.2.3. SC-12.3 Add the following language to the end of paragraph 12.3. Contractor will include in the project schedule zero (0) days lost due to abnormal weather conditions. SC-13.12 Correction Period: 13.12.1 If within two years after the date of Substantial Completion or such longer period of time as may be prescribed by Laws or Regulations or by the terms of any applicable special guarantee required by the Contract Documents or by any specific provision of the Contract Documents, an Work is found to be defective, CONTRACTOR shall promptly, without cost to OWNER and in accordance with OWNER’s written instructions . . . DocuSign Envelope ID: E79F28D6-E3CC-457D-B9C8-E7F0014947B1 SECTION 00900 ADDENDA, MODIFICATIONS AND PAYMENT 00950 Contract Change Order 00960 Application for Payment DocuSign Envelope ID: E79F28D6-E3CC-457D-B9C8-E7F0014947B1 SECTION 00950 CHANGE ORDER NO. WORK ORDER # AND TITLE: CONTRACTOR: Hydro Construction Company Inc. ORIGINAL PROJECT # AND TITLE: 8286 Construction Contractor for Projects at the Water & Wastewater Treatment Facilities 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 .00 TOTAL PENDING CHANGE ORDER .00 TOTAL THIS CHANGE ORDER .00 TOTAL % OF THIS CHANGE ORDER % TOTAL C.O.% OF ORIGNINAL CONTRACT % ADJUSTED CONTRACT COST $ .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 $30,000 cc: City Clerk Contractor Engineer Project File Architect Purchasing DocuSign Envelope ID: E79F28D6-E3CC-457D-B9C8-E7F0014947B1 SECTION 00960 APPLICATION FOR PAYMENT DocuSign Envelope ID: E79F28D6-E3CC-457D-B9C8-E7F0014947B1 DocuSign Envelope ID: E79F28D6-E3CC-457D-B9C8-E7F0014947B1 DocuSign Envelope ID: E79F28D6-E3CC-457D-B9C8-E7F0014947B1 DocuSign Envelope ID: E79F28D6-E3CC-457D-B9C8-E7F0014947B1 DocuSign Envelope ID: E79F28D6-E3CC-457D-B9C8-E7F0014947B1 DocuSign Envelope ID: E79F28D6-E3CC-457D-B9C8-E7F0014947B1 GENERAL SCOPE OF SERVICES A. Alternative Product Delivery System (APDS) Projects awarded under this contract will be managed utilizing the Utilities’ Alternative Product Delivery System (APDS). Experience with the APDS or a similar system of design and construction is critical. The selected contractor will become a member of the “Project Team” which consists of the Contractor, sub-contractors, the Engineering Consultants, and the City of Fort Collins Utilities Project Management Staff. This team will work together from the start of project design through the project completion. Our mutual goal is to establish an atmosphere of respect, responsibility, and trust resulting in successful project implementation and ultimately superior projects for the City of Fort Collins Utilities’ customers. Each team member has significant involvement in the design and construction concepts that are utilized for the successful completion of Utility capital projects. Participation by all team members throughout the project is expected and the City encourages innovation to provide an enhanced project quality and value. Work will be assigned on an as needed basis with the scope of work to be defined, cost identified and a work order negotiated prior to the time the work on each project is commenced. B. Scope of Work The following are the types of capital infrastructure improvement projects that the awarded Contractor would serve as the General Contractor and provide assistance on during the project design phase: Water Resource and Treatment Facilities: These projects will vary in size and complexity and can include buildings, basins, process equipment, and on-site and off-site treatment infrastructure. Water Reclamation and Bio-Solids Facilities: These projects will vary in size and complexity and can include buildings, basins, process equipment, and on-site and off-site treatment infrastructure. The Contractor can expect to provide services during two major project phases: Project Design Phase The selected Contractor will function as part of the Project Team and attend design meetings, as needed, during conceptual, preliminary, and final design of Utility Capital Projects. The selected Contractor is expected to bring to the table their construction experience and actively assist the Project Team on issues of constructability, materials selection, scheduling, cost estimating and contract requirements. An innovative approach to solving difficult construction problems is recommended. The selected Contractor will also assist the Project Team in developing positive public relations, investigating and recommending methods to reduce construction impacts to the public, and anticipating and planning for potential adverse site conditions. DocuSign Envelope ID: E79F28D6-E3CC-457D-B9C8-E7F0014947B1 Project Construction Phase This list is not intended to be inclusive of all possible services that could be required, but rather to give a good representation of those possible. The selected Contractor will serve as the General Contractor on selected Utilities Water and Wastewater projects. The selected Contractor will function as part of the Project Team during construction with the primary goal of a successful project for all team members. The selected Contractor will be expected to provide construction services for a wide variety of Utility infrastructure improvements. Examples include water treatment facility and wastewater treatment facility additions and improvements. Construction of manholes, curb inlets, concrete cast in place structures, trenching, concrete flatwork, paving and landscaping. Construction services are to include the following as necessary; full time site supervision; applicable construction permits; stormwater management; site protection and security; traffic control; emergency response; warranty and management of project safety and quality control. Project work will be paid by one of three methods using a work order system: on a time and material basis from rates submitted as part of the RFP which may be renegotiated annually. on a negotiated unit price contract determined before the work is started, or on a lump sum basis determined before the work is started. Costs for the work are not limited nor are they defined at this time. As part of the Work Order negotiations the complete scope of the work will be determined for each individual project. Projects are frequently phased and costs are negotiated as each phase is identified and the design completed. C. USE OF SUB-CONTRACTORS/PARTNERS There may be areas for use of sub-contractors from the award of this RFP. Contractors will be responsible for identifying the sub-contractors needed during the scope of work negotiation. While the City contracts solely with the Contractor and sub-contractors remain the sole responsibility of the Contractor, these sub-contractors become part of the APDS team. D. WORK ORDER PROCEDURES As work arises, the City will contact the awarded Contractor and discuss the scope of work, ensuring that the Contractor’s team is a good fit for the work and the Contractor has the time available for the project. The Contractor then attends the design meetings providing input based on construction experience and expertise. The Scope of Work to be performed will be negotiated and then authorized through Work Orders. The Contractor will create a Scope of Work/Work Order for the design phase of the project and subsequent construction phases. Projects are frequently phased with costs negotiated as each phase is identified and the design completed. All Work Order costs over $300,000 will be verified by an independent cost estimate. DocuSign Envelope ID: E79F28D6-E3CC-457D-B9C8-E7F0014947B1 The Contractor shall provide all personnel, equipment and supplies necessary to complete the services set forth in the scope of work. Total project time, fees, bonds, any retainage clause, and any applicable liquidated damages clause will be detailed as part of the project Scope of Work/Work Order for each individual project. Fees will be based on those submitted in the RFP response and negotiated in an “open book” manner. E. REFERENCE 1. Construction documents will be prepared using the City of Fort Collins modified EJCDC General Conditions and City standard contract documents. These documents are attached. The City of Fort Collins is in the process of updating the City modified version of the EJCDC documents. We anticipate finalizing the new document later this year and intend to incorporate it via amendment to the awarded contracts. 2. The City of Fort Collins has adopted a new Dust Prevention and Control Manual: http://www.fcgov.com/purchasing/pdf/dust_prevention_control_manual.pdf. All operations conducted under this Agreement shall be performed in accordance with the stated procedures and requirements. F. METHOD OF PAYMENT The Contractor shall receive payments for satisfactorily completed work based on verified progress by submitting a correct invoice to the City Project Manager after review and authorization. Payments will be made using the prices listed on the agreed-to Price Schedule for the Work Order. In the event a service is requested which is not listed on the Price Schedule, the Contractor and the City will negotiate an appropriate unit price for the service prior to Contractor initiating such work, based on the fees submitted in the RFP response. DocuSign Envelope ID: E79F28D6-E3CC-457D-B9C8-E7F0014947B1 The ACORD name and logo are registered marks of ACORD CERTIFICATE HOLDER © 1988-2014 ACORD CORPORATION. All rights reserved. ACORD 25 (2014/01) AUTHORIZED REPRESENTATIVE CANCELLATION CERTIFICATE OF LIABILITY INSURANCE DATE (MM/DD/YYYY) JECT LOC POLICY PRO- GEN'L AGGREGATE LIMIT APPLIES PER: CLAIMS-MADE OCCUR COMMERCIAL GENERAL LIABILITY PREMISES (Ea occurrence) $ DAMAGE TO RENTED EACH OCCURRENCE $ MED EXP (Any one person) $ PERSONAL & ADV INJURY $ GENERAL AGGREGATE $ PRODUCTS - COMP/OP AGG $ DED RETENTION $ CLAIMS-MADE OCCUR $ AGGREGATE $ UMBRELLA LIAB EACH OCCURRENCE $ EXCESS LIAB DESCRIPTION OF OPERATIONS / LOCATIONS / VEHICLES (ACORD 101, Additional Remarks Schedule, may be attached if more space is required) INSR LTR TYPE OF INSURANCE POLICY NUMBER POLICY EFF (MM/DD/YYYY) POLICY EXP (MM/DD/YYYY) LIMITS PER STATUTE OTH- ER E.L. EACH ACCIDENT E.L. DISEASE - EA EMPLOYEE E.L. DISEASE - POLICY LIMIT $ $ $ ANY PROPRIETOR/PARTNER/EXECUTIVE If yes, describe under DESCRIPTION OF OPERATIONS below (Mandatory in NH) OFFICER/MEMBER EXCLUDED? WORKERS COMPENSATION AND EMPLOYERS' LIABILITY Y / N AUTOMOBILE LIABILITY ANY AUTO ALL OWNED SCHEDULED HIRED AUTOS NON-OWNED AUTOS AUTOS AUTOS COMBINED SINGLE LIMIT BODILY INJURY (Per person) BODILY INJURY (Per accident) PROPERTY DAMAGE $ $ $ $ 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. INSD ADDL WVD SUBR N / A $ $ (Ea accident) (Per accident) OTHER: 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). COVERAGES CERTIFICATE NUMBER: REVISION NUMBER: INSURED PHONE (A/C, No, Ext): PRODUCER ADDRESS: E-MAIL FAX (A/C, No): CONTACT NAME: NAIC # INSURER A : INSURER B : INSURER C : INSURER D : INSURER E : INSURER F : INSURER(S) AFFORDING COVERAGE SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS. INS025 (201401) 6/27/2016 Flood and Peterson PO Box 578 Greeley CO 80632 Nikki Mosbrucker CIC,CISR (970)266-7123 (970)506-6823 NMosbrucker@floodpeterson.com Hydro Construction Company Inc. 301 E Lincoln Ave Fort Collins CO 80524 Phoenix Insurance Company 25623 Travelers Indemnity Company 25658 Travelers Property Casualty Company 25674 Pinnacol Assurance 41190 Indian Harbor Insurance Co 36940 CL1632809881 A X X X X DTCO8G990899PHX16 4/1/2016 4/1/2017 1,000,000 300,000 10,000 1,000,000 2,000,000 2,000,000 Employee Benefits 2,000,000 B X X X X DT8108G990899IND16 4/1/2016 4/1/2017 1,000,000 Underinsured motorist 1,000,000 C X X X DTSMCUP8G990899TIL16 4/1/2016 4/1/2017 5,000,000 D N 2091550 4/1/2016 4/1/2017 X 1,000,000 1,000,000 1,000,000 E Builders Risk 71003020200006 4/1/2016 4/1/2017 $15,000,000 Limit E Installation Floater 71003020200006 4/1/2016 4/1/2017 $1,000,000 Limit RE: 8286 Construction Contractor for Projects at the Water & Wastewater Treatment Facilities The City of Fort Collins, its officers, agents and employees are included as Additional Insured on the General and Automobile Liability Policies as required by written contract or agreement and with respect to work performed by Insured subject to the policy terms and conditions. The insurance evidenced by this certificate will not reduce coverage or limits and will not be cancelled, except after thirty (30) days written notice has been received by the City of Fort Collins. N Mosbrucker CIC,CISR City of Fort Collins Attn: Purchasing Dept PO Box 580 Fort Collins, CO 80522 DocuSign Envelope ID: E79F28D6-E3CC-457D-B9C8-E7F0014947B1