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CORRESPONDENCE - RFP - 7616 WETLAND RIVER & FLOODPLAIN ECOLOGICAL RESTORATION (5)
CONSTRUCTION WORK ORDER FOR 7616 WETLAND, RIVER & FLOODPLAIN ECOLOGICAL RESTORATION WORK ORDER NO. NA - 102 TITLED KINGFISHER NATURAL AREA RESTORATION PROJECT DATE: July 20, 2018 CONTRACTOR: Biohabitats, Inc. DocuSign Envelope ID: BD25E13B-DA93-4732-BB8D-43F812131F41 TABLE OF CONTENTS AGREEMENT FORMS 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 GC-A1 - GC-A2 00800 Supplementary Conditions 00900 Addenda, Modifications and Payment 00950 Work Order Change Order Form 00960 Application for Payment DocuSign Envelope ID: BD25E13B-DA93-4732-BB8D-43F812131F41 SECTION 00500 CONSTRUCTION WORK ORDER AGREEMENT FORMS 00525 Work Order, Notice of Award & Bid Schedule 00530 Work Order Notice to Proceed DocuSign Envelope ID: BD25E13B-DA93-4732-BB8D-43F812131F41 SECTION 00525 WORK ORDER, NOTICE OF AWARD AND BID SCHEDULE TO: Biohabitats, Inc. WORK ORDER # & TITLE: NA 102 - Kingfisher Natural Area Restoration Project PURCHASE ORDER: ORIGINAL BID/RFP # & TITLE: 7616 Wetland, River & Floodplain Ecological Restoration OWNER’S REPRESENTATIVE: Rachel Steeves NOTICE OF AWARD DATE: July 20, 2018 OWNER: City of Fort Collins (hereinafter referred to as OWNER) 1. WORK. You are hereby notified that your bid dated July 20, 2018, for the above Work Order has been considered. Pursuant to your AGREEMENT with OWNER dated August 15, 2014, you have been awarded a Work Order for this Work Order Description: A. Biohabitats will assume responsibility for the construction of the Kingfisher Natural Area Restoration project. 2. CONTRACT PRICE, BONDS AND CERTIFICATES. The price of your Work Order is One Million Three Hundred Four Thousand One Hundred Twenty-Four Dollars and Seventy- Three Cents ($1,304,124.73). 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 date for Substantial Completion of this Work Order is May 14, 2019, and after Substantial Completion, the date for Final Acceptance is June 14, 2019. 4. 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 above, plus any extensions thereof allowed in accordance with Article 12 of the General Conditions. They also recognize the delays, expenses and difficulties involved in proving in a legal proceeding the actual loss suffered by OWNER if the Work is not completed on time. Accordingly instead of requiring any such proof, OWNER and CONTRACTOR agree that as liquidated damages for delay (but not as penalty) CONTACTOR shall pay OWNER the amounts set forth hereafter. 1) Substantial Completion: Zero dollars ($0) for each calendar day or fraction thereof that expires after May 14, 2019 until the work is Substantially Complete. 2) Final Acceptance: After Substantial Completion Zero dollars ($0) for each calendar day or fraction thereof that expires after the Final Acceptance date of June 14, 2019 until the Work is ready for Final Payment and Acceptance. 5. EXECUTION. Work Order Documents must be executed in DocuSign within fifteen (15) calendar days of the date of the Notice of Award, that is August 6, 2018. Contractor shall DocuSign Envelope ID: BD25E13B-DA93-4732-BB8D-43F812131F41 attach Payment and Performance Bonds and Certificate of Insurance (COI) to the Work Order Documents in DocuSign. In addition, one original set of executed Bonds and COI shall be provided to the Buyer. Failure to comply with these conditions within the time specified will entitle OWNER to consider your Work Order Proposal abandoned and to annul this Work Order & Notice of Award CONTRACTOR’S NOTICE OF AWARD REPRESENTATION & EXECUTION: CONTRACTOR agrees to perform the services identified above, in accordance with the terms and conditions contained herein and in the MASTER AGREEMENT dated August 15, 2014, and the NOTICE OF AWARD dated July 20, 2018, between the parties. In the event of a conflict between or ambiguity in the terms of the MASTER AGREEMENT or specific Work Orders, the MASTER AGREEMENT shall control. CONTRACTOR: BIOHABITATS, INC. By: Date: Name: Title: DocuSign Envelope ID: BD25E13B-DA93-4732-BB8D-43F812131F41 Adam Feuerstein CFO 7/26/2018 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. REVIEWED: Date: _____ Elliot Dale, Senior Buyer ACCEPTANCE: Date: _____ Rachel Steeves, Projects Manager OWNER: CITY OF FORT COLLINS ACCEPTANCE: ___________________________________________ Date: __________ Darin Atteberry, City Manager (if greater than $1,000,000) ACCEPTANCE: ___________________________________________ Date: __________ Gerry Paul, Purchasing Director (if greater than $60,000) APPROVED AS TO FORM: __________________________________ Date: __________ ATTEST:_________________________________________________ Date: __________ City Clerk DocuSign Envelope ID: BD25E13B-DA93-4732-BB8D-43F812131F41 7/23/2018 7/26/2018 Senior Assistant City Attorney 7/27/2018 7/27/2018 7/27/2018 7/27/2018 BID SCHEDULE AND SCOPE OF WORK DocuSign Envelope ID: BD25E13B-DA93-4732-BB8D-43F812131F41 DocuSign Envelope ID: BD25E13B-DA93-4732-BB8D-43F812131F41 DocuSign Envelope ID: BD25E13B-DA93-4732-BB8D-43F812131F41 DocuSign Envelope ID: BD25E13B-DA93-4732-BB8D-43F812131F41 DocuSign Envelope ID: BD25E13B-DA93-4732-BB8D-43F812131F41 DocuSign Envelope ID: BD25E13B-DA93-4732-BB8D-43F812131F41 SECTION 00530 WORK ORDER NOTICE TO PROCEED NOTICE TO PROCEED DATE: July 20, 2018 WORK ORDER TITLE: Kingfisher Natural Area Restoration Project WORK ORDER NUMBER: ORIGINAL BID/RFP # & TITLE: 7616 Wetland, River & Floodplain Ecological Restoration TO: Biohabitats, Inc. Attn: Adam Feuerstein 1732 Wazee St., Ste 209 Denver, CO 80202 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 May 14, 2019, and June 14, 2019, respectively. Dated this _____________ day of ___________, _____. CITY OF FORT COLLINS (OWNER) By: ___________________________________________ ___________________________________________ Name & Title ACKNOWLEDGMENT OF NOTICE Receipt of the above Work Order Notice to Proceed is hereby acknowledged this _____________ day of ___________, _____. BIOHABITATS, INC. (CONTRACTOR) By: ___________________________________________ ___________________________________________ Name & Title DocuSign Envelope ID: BD25E13B-DA93-4732-BB8D-43F812131F41 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: BD25E13B-DA93-4732-BB8D-43F812131F41 SECTION 00610 PERFORMANCE BOND Bond No __ KNOW ALL MEN BY THESE PRESENTS: that Biohabitats, Inc. 1732 Wazee St., Ste 209 Denver, CO 80202 (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 One Million Three Hundred Four Thousand One Hundred Twenty-Four Dollars and Seventy-Three Cents ($1,304,124.73) 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 15th day of August, 2014, for 7616 Wetland, River & Floodplain Ecological Restoration a copy of which is hereto attached and made a part hereof, for the performance of The City of Fort Collins Work Order, titled Kingfisher Natural Area Restoration Project, Work Order Number NA - 102, dated the 20th day of July, 2018, 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 Work Order and 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 Work Order and 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 Work Order and 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 Work Order and 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: BD25E13B-DA93-4732-BB8D-43F812131F41 IN WITNESS WHEREOF, this instrument is executed in three (3) counterparts, each one of which shall be deemed an original, this _____ day of ___________, _____. 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: BD25E13B-DA93-4732-BB8D-43F812131F41 SECTION 00615 PAYMENT BOND Bond No __ KNOW ALL MEN BY THESE PRESENTS: that Biohabitats, Inc 1732 Wazee St., Ste 209 Denver, CO 80202) (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 One Million Three Hundred Four Thousand One Hundred Twenty-Four Dollars and Seventy-Three Cents ($1,304,124.73) 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 15th day of August, 2014, for 7616 Wetland, River & Floodplain Ecological Restoration, a copy of which is hereto attached and made a part hereof, for the performance of The City of Fort Collins Work Order, titled Kingfisher Natural Area Restoration Project, Work Order Number NA - 102, dated the 20th day of July, 2018, 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 Work Order and 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 Work Order and 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 Work Order and 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: BD25E13B-DA93-4732-BB8D-43F812131F41 IN WITNESS WHEREOF, this instrument is executed in three (3) counterparts, each one of which shall be deemed an original, this _____ day of ___________, _____. 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: BD25E13B-DA93-4732-BB8D-43F812131F41 SECTION 00630 CERTIFICATE OF INSURANCE CONTRACTOR shall insert his own standard form for Certificate of Insurance in accordance with the following: 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: BD25E13B-DA93-4732-BB8D-43F812131F41 SECTION 00635 CERTIFICATE OF SUBSTANTIAL COMPLETION TO: CITY OF FORT COLLINS (OWNER) WORK ORDER # & TITLE: NA -102 Kingfisher Natural Area Restoration Project DATE OF SUBSTANTIAL COMPLETION: ORIGINAL BID/RFP # & TITLE: 7616 Wetland, River & Floodplain Ecological Restoration PROJECT OR SPECIFIED PART SHALL LOCATION: Fort Collins, Colorado INCLUDE: OWNER: City of Fort Collins CONTRACTOR: Biohabitats, Inc. WORK ORDER DATE: July 20, 2018 The Work performed under this Work Order, pursuant to the Contract Documents, 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. _____________________________ By: __________________________ ________ PROJECT MANAGER AUTHORIZED REPRESENTATIVE DATE The CONTRACTOR accepts the above Certificate of Substantial Completion and agrees to complete and correct the items on the tentative list within the time indicated. _____________________________ By: __________________________ ________ CONTRACTOR AUTHORIZED REPRESENTATIVE DATE The OWNER accepts the project or specified area of the project as substantially complete and will assume full possession of the project or specified area of the project at 12:01 a.m., on . The responsibility for heat, utilities, security, and insurance under the Contract Documents shall be as set forth under "Remarks" below. CITY OF FORT COLLINS ________ By: __________________________ ________ OWNER AUTHORIZED REPRESENTATIVE DATE REMARKS: _________________________________________________________________ ____________________________________________________________________________ ____________________________________________________________________________ DocuSign Envelope ID: BD25E13B-DA93-4732-BB8D-43F812131F41 SECTION 00640 CERTIFICATE OF FINAL ACCEPTANCE DATE: ________________, _____ TO: Biohabitats, Inc. Gentlemen: You are hereby notified that on the day of , , the City of Fort Collins, Colorado, has accepted the Work completed by , for the City of Fort Collins Work Order, titled Kingfisher Natural Area Restoration Project, Work Order Number NA - 102 under 7616 Wetland, River & Floodplain Ecological Restoration. 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 July 20, 2018, and the AGREEMENT, which is dated . In conformance with the Work Order and Contract Documents for this project, your obligations and guarantees will continue for the specified time from the following date: ___________________, _____. Sincerely, City of Fort Collins OWNER By: ___________________________________________ ___________________________________________ Name & Title ATTEST: _________________________________________ ___________________________________________ Name & Title DocuSign Envelope ID: BD25E13B-DA93-4732-BB8D-43F812131F41 SECTION 00650 LIEN WAIVER RELEASE (CONTRACTOR) TO: City of Fort Collins, Colorado (OWNER) FROM: Biohabitats, Inc. (CONTRACTOR) WORK ORDER TITLE: Kingfisher Natural Area Restoration Project WORK ORDER NUMBER: NA - 102 ORIGINAL BID/RFP # & TITLE: 7616 Wetland, River & Floodplain Ecological Restoration 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 attorneys fees, incurred as a result of such claims. 5. The parties acknowledge that the description of the project set forth above constitutes an adequate description of the property and improvements to which this Lien Waiver Release pertains. It is further acknowledged that this Lien Waiver Release is for the benefit of and DocuSign Envelope ID: BD25E13B-DA93-4732-BB8D-43F812131F41 may be relied upon by the OWNER, the lender, if any, and Surety on any labor and material bonds for the project. Signed this ______ day of __________, ___. CONTRACTOR: Biohabitats, Inc. By: ___________________________________________ ___________________________________________ Name & Title ATTEST: _____________________________ Secretary STATE OF COLORADO ) )ss. COUNTY OF LARIMER ) Subscribed and sworn to before me this _________ day of __________, _____, by ________________________________________________________________. Witness my hand and official seal. My Commission Expires: ___________________________. _________________________ Notary Public DocuSign Envelope ID: BD25E13B-DA93-4732-BB8D-43F812131F41 SECTION 00650 LIEN WAIVER RELEASE (SUBCONTRACTOR) TO: City of Fort Collins, Colorado (OWNER) FROM: Biohabitats, Inc. (CONTRACTOR) WORK ORDER TITLE: Kingfisher Natural Area Restoration Project WORK ORDER NUMBER: NA - 102 ORIGINAL BID/RFP # & TITLE: 7616 Wetland, River & Floodplain Ecological Restoration 1. The Subcontractor acknowledges having received payment from the CONTRACTOR for all work, labor, skill and material furnished, delivered and performed by the Subcontractor for the CONTRACTOR 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 CONTRACTOR or its officers, agents, employees or assigns, 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 sub- 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 against the CONTRACTOR or its officers, agents, employees or assigns arising out of the project. 4. The Subcontractor agrees to defend and hold harmless the CONTRACTOR, the lender, if any, and the Surety on the project against and from any claim hereinafter made by the Subcontractor's sub-subcontractors, materialmen, employees, servants, agents or assigns against the project or against the CONTRACTOR or OWNER, lender or Surety or their officers, employees, agents or assigns arising out of the project for all loss, damage and costs, including reasonable attorneys fees, incurred as a result of such claims. 5. The parties acknowledge that the description of the project set forth above constitutes an adequate description of the property and improvements to which this Lien Waiver Release pertains. It is further acknowledged that this Lien Waiver Release is for the benefit of and may be relied upon by the CONTRACTOR, OWNER, the lender, if any, and Surety on any labor and material bonds for the project. DocuSign Envelope ID: BD25E13B-DA93-4732-BB8D-43F812131F41 Signed this ______ day of _________, ___. SUBCONTRACTOR: By: ___________________________________________ ___________________________________________ Name & Title ATTEST: _____________________________ Secretary STATE OF COLORADO ) )ss. COUNTY OF LARIMER ) Subscribed and sworn to before me this _________ day of __________, _____, by __________________________________________________________________. Witness my hand and official seal. My Commission Expires: ___________________________. __________________________________ Notary Public DocuSign Envelope ID: BD25E13B-DA93-4732-BB8D-43F812131F41 SECTION 00660 CONSENT OF SURETY TO: City of Fort Collins, Colorado (hereinafter referred to as the "OWNER") CONTRACTOR: Biohabitats, Inc. WORK ORDER # & TITLE: NA - 102 Kingfisher Natural Area Restoration Project ORIGINAL BID/RFP # & TITLE: 7616 Wetland, River & Floodplain Ecological Restoration CONTRACT DATE: August 15, 2014 WORK ORDER DATE: July 20, 2018 In accordance with the provisions of the Work Order and Contract between the OWNER and the CONTRACTOR as indicated above, for the Work Order titled Kingfisher Natural Area Restoration Project on bond of , (Surety) _______________________________________ hereby approves of the Final Payment to the CONTRACTOR, and agrees that Final Payment to the CONTRACTOR shall not relieve the Surety Company of any of its obligations to the OWNER, as set forth in the said Surety Company's Bond. IN WITNESS WHEREOF, the Surety Company has hereunto set its hand this _________ day of _________ _, _____. ____________________________________________ (Surety Company) By: ________________________________________ (Name) Attorney-in-Fact ATTACH: Power of Attorney and Certificate of Authority of Attorney(s)-in-Fact. DocuSign Envelope ID: BD25E13B-DA93-4732-BB8D-43F812131F41 SECTION 00670 APPLICATION FOR EXEMPTION CERTIFICATE DocuSign Envelope ID: BD25E13B-DA93-4732-BB8D-43F812131F41 DocuSign Envelope ID: BD25E13B-DA93-4732-BB8D-43F812131F41 SECTION 00700 GENERAL CONDITIONS DocuSign Envelope ID: BD25E13B-DA93-4732-BB8D-43F812131F41 DocuSign Envelope ID: BD25E13B-DA93-4732-BB8D-43F812131F41 DocuSign Envelope ID: BD25E13B-DA93-4732-BB8D-43F812131F41 DocuSign Envelope ID: BD25E13B-DA93-4732-BB8D-43F812131F41 DocuSign Envelope ID: BD25E13B-DA93-4732-BB8D-43F812131F41 DocuSign Envelope ID: BD25E13B-DA93-4732-BB8D-43F812131F41 DocuSign Envelope ID: BD25E13B-DA93-4732-BB8D-43F812131F41 DocuSign Envelope ID: BD25E13B-DA93-4732-BB8D-43F812131F41 DocuSign Envelope ID: BD25E13B-DA93-4732-BB8D-43F812131F41 DocuSign Envelope ID: BD25E13B-DA93-4732-BB8D-43F812131F41 DocuSign Envelope ID: BD25E13B-DA93-4732-BB8D-43F812131F41 DocuSign Envelope ID: BD25E13B-DA93-4732-BB8D-43F812131F41 DocuSign Envelope ID: BD25E13B-DA93-4732-BB8D-43F812131F41 DocuSign Envelope ID: BD25E13B-DA93-4732-BB8D-43F812131F41 DocuSign Envelope ID: BD25E13B-DA93-4732-BB8D-43F812131F41 DocuSign Envelope ID: BD25E13B-DA93-4732-BB8D-43F812131F41 DocuSign Envelope ID: BD25E13B-DA93-4732-BB8D-43F812131F41 DocuSign Envelope ID: BD25E13B-DA93-4732-BB8D-43F812131F41 DocuSign Envelope ID: BD25E13B-DA93-4732-BB8D-43F812131F41 DocuSign Envelope ID: BD25E13B-DA93-4732-BB8D-43F812131F41 DocuSign Envelope ID: BD25E13B-DA93-4732-BB8D-43F812131F41 DocuSign Envelope ID: BD25E13B-DA93-4732-BB8D-43F812131F41 DocuSign Envelope ID: BD25E13B-DA93-4732-BB8D-43F812131F41 DocuSign Envelope ID: BD25E13B-DA93-4732-BB8D-43F812131F41 DocuSign Envelope ID: BD25E13B-DA93-4732-BB8D-43F812131F41 DocuSign Envelope ID: BD25E13B-DA93-4732-BB8D-43F812131F41 DocuSign Envelope ID: BD25E13B-DA93-4732-BB8D-43F812131F41 DocuSign Envelope ID: BD25E13B-DA93-4732-BB8D-43F812131F41 DocuSign Envelope ID: BD25E13B-DA93-4732-BB8D-43F812131F41 DocuSign Envelope ID: BD25E13B-DA93-4732-BB8D-43F812131F41 DocuSign Envelope ID: BD25E13B-DA93-4732-BB8D-43F812131F41 DocuSign Envelope ID: BD25E13B-DA93-4732-BB8D-43F812131F41 DocuSign Envelope ID: BD25E13B-DA93-4732-BB8D-43F812131F41 DocuSign Envelope ID: BD25E13B-DA93-4732-BB8D-43F812131F41 DocuSign Envelope ID: BD25E13B-DA93-4732-BB8D-43F812131F41 DocuSign Envelope ID: BD25E13B-DA93-4732-BB8D-43F812131F41 DocuSign Envelope ID: BD25E13B-DA93-4732-BB8D-43F812131F41 DocuSign Envelope ID: BD25E13B-DA93-4732-BB8D-43F812131F41 DocuSign Envelope ID: BD25E13B-DA93-4732-BB8D-43F812131F41 DocuSign Envelope ID: BD25E13B-DA93-4732-BB8D-43F812131F41 DocuSign Envelope ID: BD25E13B-DA93-4732-BB8D-43F812131F41 DocuSign Envelope ID: BD25E13B-DA93-4732-BB8D-43F812131F41 DocuSign Envelope ID: BD25E13B-DA93-4732-BB8D-43F812131F41 DocuSign Envelope ID: BD25E13B-DA93-4732-BB8D-43F812131F41 DocuSign Envelope ID: BD25E13B-DA93-4732-BB8D-43F812131F41 DocuSign Envelope ID: BD25E13B-DA93-4732-BB8D-43F812131F41 DocuSign Envelope ID: BD25E13B-DA93-4732-BB8D-43F812131F41 DocuSign Envelope ID: BD25E13B-DA93-4732-BB8D-43F812131F41 DocuSign Envelope ID: BD25E13B-DA93-4732-BB8D-43F812131F41 DocuSign Envelope ID: BD25E13B-DA93-4732-BB8D-43F812131F41 DocuSign Envelope ID: BD25E13B-DA93-4732-BB8D-43F812131F41 DocuSign Envelope ID: BD25E13B-DA93-4732-BB8D-43F812131F41 DocuSign Envelope ID: BD25E13B-DA93-4732-BB8D-43F812131F41 DocuSign Envelope ID: BD25E13B-DA93-4732-BB8D-43F812131F41 DocuSign Envelope ID: BD25E13B-DA93-4732-BB8D-43F812131F41 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, Rev. 9/94) and other provisions of the Contract Documents as indicated below. SC-1 DEFINITIONS SC-1.38. Add the following language to the conclusion of paragraph 1.38 of the General Conditions: 1.38. 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.A. Add the following new paragraph immediately after paragraph 1.43 of the General Conditions: 1.43.A. 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 PRELIMINARY MATTERS SC-2.8. Delete paragraph 2.8 of the General Conditions entirely and replace it with the following paragraph: 2.8. 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. 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 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 DocuSign Envelope ID: BD25E13B-DA93-4732-BB8D-43F812131F41 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 AVAILABILITY OF LANDS; SUBSURFACE AND PHYSICAL CONDITIONS; REFERENCE POINTS SC-4.2.1.2. Add the following new paragraph immediately following paragraph 4.2.1.2 of the General Conditions: 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 BONDS AND INSURANCE SC-5.4.7. 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, Colorado, 4316 LaPorte Avenue, Fort Collins, Colorado 80522 SC-5.4.8.1. Add the following new paragraph immediately following paragraph 5.4.8 of the General Conditions: 5.4.8.1. Limits of Liability. The limits of liability for the insurance required by the paragraph numbers of the General Conditions listed below are as follows: For Paragraphs 5.02.A.1 and 5.02.A.2: Coverage A - Statutory Limits; Coverage B - $100,000 / $100,000 / $500,000. For Paragraphs 5.02.A.3 and 5.02.A.5: The 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. For Paragraph 5.02.A.6: The Comprehensive Automobile Liability Insurance policy will have limits of $1,000,000 combined single limits (CSL). For Paragraph 5.02.B.3: This policy will include completed operations coverage / product liability coverage with limits of $1,000,000 combined single limits (CSL). This policy shall also include an Umbrella Excess Liability as follows: General liability and automobile liability insurance in an amount not less than $1,000,000 per occurrence in excess of the above stated primary limits. DocuSign Envelope ID: BD25E13B-DA93-4732-BB8D-43F812131F41 SC-6 CONTRACTOR’S RESPONSIBILITIES SC-6.14.3. 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. DocuSign Envelope ID: BD25E13B-DA93-4732-BB8D-43F812131F41 SECTION 00900 ADDENDA, MODIFICATIONS AND PAYMENT 00950 Change Order 00960 Application for Payment DocuSign Envelope ID: BD25E13B-DA93-4732-BB8D-43F812131F41 SECTION 00950 CHANGE ORDER FORM CHANGE ORDER NO. CONTRACTOR: Biohabitats, Inc. WORK ORDER TITLE & NO. : NA 102 - Kingfisher Natural Area Restoration Project ORIGINAL BID/RFP # & TITLE: 7616 Wetland, River & Floodplain Ecological Restoration DESCRIPTION: 1. Reason for change: 2. Description of Change: 3. Change in Contract Cost: 4. Change in Contract Time: ORIGINAL CONTRACT COSTS $ ________________ TOTAL APPROVED CHANGE ORDER(S) $ ________________ TOTAL PENDING CHANGE ORDER(S) $ ________________ TOTAL THIS CHANGE ORDER $ ________________ TOTAL % OF ORIGINAL CONTRACT, THIS CO: _______________ % TOTAL % OF ORIGINAL CONTRACT, ALL CO’S: _______________ % ADJUSTED CONTRACT COST $ ________________ _________________ (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 if > $60,000) cc: City Clerk Architect/Engineer Finance Purchasing Project Manager Contractor DocuSign Envelope ID: BD25E13B-DA93-4732-BB8D-43F812131F41 SECTION 00960 PAYMENT APPLICATION DocuSign Envelope ID: BD25E13B-DA93-4732-BB8D-43F812131F41 Section 00960 APPLICATION FOR PAYMENT PAGE 1 OF 4 OWNER: City of Fort Collins PROJECT: APPLICATION NUMBER: APPLICATION DATE: PERIOD BEGINNING: ENGINEER: CONTRACTOR: PERIOD ENDING: PROJECT NUMBER: CHANGE ORDERS Application is made for Payment as shown below in connection with Contract NUMBER DATE AMOUNT The present status of the account for this Contract is as follows: 1 2 Original Contract Amount: 3 Net Change by Change Order: Current contract Amount: $0.00 Total Completed and Stored to Date: Less Previous Applications: Amount Due this Application - Before Retainage: $0.00 Less Retainage: Net Change by Change Order $0.00 AMOUNT DUE THIS APPLICATION: $0.00 CERTIFICATION: The undersigned CONTRACTOR certifies that all obligations of CONTRACTOR incurred in connection with the Work have been satisfied as required in Paragraph 14.3. of the General Conditions of the Contract. The above Amount Due This Application is requested by the CONTRACTOR. Date: By: Payment of the above Amount Due This Application is recommended by the ENGINEER. Date: By: Payment of the above Amount Due This Application has been reviewed by the OWNER'S Project Manager. Date: By: Payment of the above Amount Due This Application is approved by the OWNER. Date: By: DocuSign Envelope ID: BD25E13B-DA93-4732-BB8D-43F812131F41 CONTRACT AMOUNTS APPLICATION FOR PAYMENT PAGE 2 OF 4 Work Completed Work Completed Work Completed Stored Bid This Month Previous Periods To Date Materials Total Item This Earned Percent Number Description Quantity Units Unit Price Amount Qty. Amount Qty. Amount Qty. 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Amount Qty. Amount Qty. 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P.O. Box 219 Timonium MD 21094 (410)832-7600 (410)832-1849 certs@kleinagencyllc.com Biohabitats, Inc. 2081 Clipper Park Road Baltimore MD 21211-1406 The Charter Oak Fire Insurance Co. 25615 Travelers Indemnity Co. of CT 25682 Travelers Property Casualty Company of America 25674 The Phoenix Insurance Company 25623 Continental Casualty Company 20443 18-19 A Contractural Liability 6600J612234 01/01/2018 01/01/2019 2,000,000 1,000,000 10,000 2,000,000 4,000,000 4,000,000 Employee Benefits 1,000,000 B BA0J630633 01/01/2018 01/01/2019 1,000,000 C CUP0J633531 01/01/2018 01/01/2019 4,000,000 4,000,000 D UB0J634195 All States Incl VA. 01/01/2018 01/01/2019 1,000,000 1,000,000 1,000,000 E Professional Liability/ Pollution Liability ECH288389268 01/01/2018 01/01/2019 Each Claim $5,000,000 Aggregate $5,000,000 Re: Project - I-25 Wetlands; Biohabitats Project # 12904-01 See attached for specific additional insured wording. City of Fort Collins, Colorado P.O. Box 508 Fort Collins 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. INSURER(S) AFFORDING COVERAGE INSURER F : INSURER E : INSURER D : INSURER C : INSURER B : INSURER A : NAIC # NAME: CONTACT (A/C, No): FAX E-MAIL COMMENTS/REMARKS OFREMARK COPYRIGHT 2000, AMS SERVICES INC. If required under an insured written contract, executed prior to any loss, City of Fort Collins, Colorado are an 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, City of Fort Collins, Colorado are an 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 City of Fort Collins, Colorado 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. DocuSign Envelope ID: BD25E13B-DA93-4732-BB8D-43F812131F41 ADDRESS: PRODUCER (A/C, No, Ext): PHONE INSURED COVERAGES CERTIFICATE NUMBER: REVISION NUMBER: IMPORTANT: If the certificate holder is an ADDITIONAL INSURED, the policy(ies) must have ADDITIONAL INSURED provisions or 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). 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. OTHER: (Per accident) (Ea accident) $ $ N / A SUBR WVD ADDL INSD 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. $ $ $ PROPERTY DAMAGE $ BODILY INJURY (Per accident) BODILY INJURY (Per person) COMBINED SINGLE LIMIT AUTOS ONLY AUTOS ONLY AUTOS NON-OWNED OWNED SCHEDULED ANY AUTO AUTOMOBILE LIABILITY Y / N WORKERS COMPENSATION AND EMPLOYERS' LIABILITY OFFICER/MEMBER EXCLUDED? (Mandatory in NH) DESCRIPTION OF OPERATIONS below If yes, describe under ANY PROPRIETOR/PARTNER/EXECUTIVE $ $ $ E.L. DISEASE - POLICY LIMIT E.L. DISEASE - EA EMPLOYEE E.L. EACH ACCIDENT ER OTH- STATUTE PER (MM/DD/YYYY) LIMITS POLICY EXP (MM/DD/YYYY) POLICY EFF LTR TYPE OF INSURANCE POLICY NUMBER INSR DESCRIPTION OF OPERATIONS / LOCATIONS / VEHICLES (ACORD 101, Additional Remarks Schedule, may be attached if more space is required) EXCESS LIAB UMBRELLA LIAB EACH OCCURRENCE $ AGGREGATE $ $ OCCUR CLAIMS-MADE DED RETENTION $ PRODUCTS - COMP/OP AGG $ GENERAL AGGREGATE $ PERSONAL & ADV INJURY $ MED EXP (Any one person) $ EACH OCCURRENCE $ DAMAGE TO RENTED PREMISES (Ea occurrence) $ COMMERCIAL GENERAL LIABILITY CLAIMS-MADE OCCUR GEN'L AGGREGATE LIMIT APPLIES PER: POLICY PRO- JECT LOC CERTIFICATE OF LIABILITY INSURANCE DATE (MM/DD/YYYY) CANCELLATION AUTHORIZED REPRESENTATIVE ACORD 25 (2016/03) © 1988-2015 ACORD CORPORATION. All rights reserved. CERTIFICATE HOLDER The ACORD name and logo are registered marks of ACORD HIRED AUTOS ONLY DocuSign Envelope ID: BD25E13B-DA93-4732-BB8D-43F812131F41