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HomeMy WebLinkAboutRFP - 9934 Connexion Premise InstallationRFP 9934 Connexion Premise Installation Services REQUEST FOR PROPOSAL RFP 9934 CONNEXION PREMISE INSTALLATION SERVICES RFP DUE: 3:00 PM MT (Mountain Time), March 29, 2024 The City of Fort Collins is requesting proposals from qualified Contractors to perform premise installation services in support of the City’s Connexion Fiber-to-the-Premise (FTTP) broadband network. The City plans to utilize the awarded Contractor to perform services for projects funded by local funds and federal funds. Any projects funded utilizing federal funds will be subject to compliance to 2 CFR 200 and applicable federal terms as detailed in the Agreement in Section VII of this RFP. As part of the City’s commitment to sustainability, proposals must be submitted online through the Rocky Mountain E-Purchasing System (RMEPS) at http://www.bidnetdirect.com/colorado/city- of-fort-collins. Note: please ensure adequate time to submit proposals through RMEPS. Proposals not submitted by the designated Opening Date and Time will not be accepted by RMEPS. All questions should be submitted, in writing via email, to Gerry Paul, Purchasing Director at gspaul@fcgov.com, with a copy to Joshua Ooms, Project Manager, at jooms@fcgov.com, no later than 3:00 PM MT on March 15, 2024. Please format your e-mail to include: RFP 9934 CONNEXION PREMISE INSTALLATION SERVICES in the subject line. Questions received after this deadline may not be answered. Responses to all questions submitted before the deadline will be addressed in an addendum and posted on the Rocky Mountain E-Purchasing System webpage. Rocky Mountain E-Purchasing System hosted by BidNet A copy of the RFP may be obtained at http://www.bidnetdirect.com/colorado/city-of-fort-collins. This RFP has been posted utilizing the following Commodity Code(s): 910 Building Maintenance, Installation and Repair Services 912 Construction Services, General (Incl. Maintenance and Repair Services) 913 Construction Services, Heavy (Incl. Maintenance and Repair Services) 914 Construction Services, Trade (New Construction) 92037 Networking Services (Including Installation, Security, and Maintenance) Small and Minority Businesses, Women’s Business Enterprises, and Labor Surplus Area Firms: In compliance with 2 CFR 200.321 for any projects funded with federal funds, the City must take all necessary affirmative steps to assure that minority businesses, women’s business enterprises, and labor surplus area firms are used when possible. The City encourages all qualified minority businesses, women’s business enterprises, and labor surplus area firms to participate in this Request for Proposal. Prime Contractors contracted to perform services for the City utilizing federal funds must also take affirmative steps, if subcontracts are to be let, to contract with minority businesses, women’s business enterprises, and labor surplus area firms. 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 RFP 9934 Connexion Premise Installation Services Prohibition of Unlawful Discrimination: The City of Fort Collins, in accordance with the provisions of Title VI of the Civil Rights Act of 1964 (78 Stat. 252, 42 US.C. §§ 2000d to 2000d- 4) and the Regulations, hereby notifies all bidders that it will affirmatively ensure that any contract entered into pursuant to this advertisement, disadvantaged business enterprises will be afforded full and fair opportunity to submit bids in response to this invitation and will not be discriminated against on the grounds of race, color, or national origin in consideration for an award. The City strictly prohibits unlawful discrimination based on an individual’s gender (regardless of gender identity or gender expression), race, color, religion, creed, national origin, ancestry, age 40 years or older, marital status, disability, sexual orientation, genetic information, or other characteristics protected by law. For the purpose of this policy “sexual orientation” means a person’s actual or perceived orientation toward heterosexuality, homosexuality, and bisexuality. The City also strictly prohibits unlawful harassment in the workplace, including sexual harassment. Further, the City strictly prohibits unlawful retaliation against a person who engages in protected activity. Protected activity includes an employee complaining that he or she has been discriminated against in violation of the above policy or participating in an employment discrimination proceeding. The City requires its Contractor(s) to comply with the City’s policy for equal employment opportunity and to prohibit unlawful discrimination, harassment and retaliation. This requirement applies to all third-party Contractor(s) and their subcontractors/subconsultants at every tier. Public Viewing Copy: The City is a governmental entity subject to the Colorado Open Records Act, C.R.S. §§ 24-72-200.1 et seq. (“CORA”). Any proposals submitted hereunder are subject to public disclosure by the City pursuant to CORA and City ordinances. Professionals may submit one (1) additional complete proposal clearly marked “FOR PUBLIC VIEWING.” In this version of the proposal, Professionals may redact text and/or data that it deems confidential or proprietary pursuant to CORA. All pricing will be considered public records subject to disclosure under CORA and as such pricing cannot be redacted from the “FOR PUBLIC VIEWING” version of the proposal. Failure to provide a public viewing copy will be considered a waiver of any claim of confidentiality under CORA without regard to how the applicant’s proposal or certain pages of the proposal are marked confidential, proprietary, or similar. Such statement does not necessarily exempt such documentation from public disclosure if required by CORA, by order of a court of appropriate jurisdiction, or other applicable law. Generally, under CORA, trade secrets, confidential commercial information and financial data information may not be disclosed by the City. Proposals may not be marked “Confidential” or ‘Proprietary’ in their entirety. By responding to this RFP, Professionals hereby waives any and all claims for damages against the City for the City’s good faith compliance with CORA. All provisions and pricing of any contract resulting from this request for proposal will be public information. Registration: The City requires new Contractors receiving awards from the City to submit IRS form W-9 and requires all Contractor(s) to accept Direct Deposit (Electronic) payment. If needed, the W-9 form and the Vendor Direct Deposit Authorization Form can be found on the City’s Purchasing website at www.fcgov.com/purchasing under Vendor Reference Documents. Please do not submit these documents with your proposal, however, if you take exception to participating in Direct Deposit (Electronic) payments please clearly note such in your proposal as an exception. The City may waive the requirement to participate in Direct Deposit (Electronic) payments at its sole discretion. RFP 9934 Connexion Premise Installation Services Sales Prohibited/Conflict of Interest: No officer, employee, or member of City Council, shall have a financial interest in the sale to the City of any real or personal property, equipment, material, supplies or services where such officer or employee exercises directly or indirectly any decision-making authority concerning such sale or any supervisory authority over the services to be rendered. This rule also applies to subcontracts with the City. Soliciting or accepting any gift, gratuity favor, entertainment, kickback or any items of monetary value from any person who has or is seeking to do business with the City of Fort Collins is prohibited. Collusive or Sham Proposals: Any proposal deemed to be collusive or a sham proposal will be rejected and reported to authorities as such. Your authorized signature of this proposal assures that such proposal is genuine and is not a collusive or sham proposal. The City of Fort Collins reserves the right to reject any and all proposals and to waive any irregularities or informalities. Utilization of Award by Other Agencies: The City of Fort Collins reserves the right to allow other state and local governmental agencies, political subdivisions, and/or school districts to utilize the resulting award under all terms and conditions specified and upon agreement by all parties. Usage by any other entity shall not have a negative impact on the City of Fort Collins in the current term or in any future terms. The selected Contractors shall be required to sign the City’s Agreement prior to commencing services (see sample attached to this document). Sincerely, Gerry Paul Purchasing Director RFP 9934 Connexion Premise Installation Services I. BACKGROUND & OBJECTIVE / OVERVIEW A. Objective The City of Fort Collins (City) is requesting proposals from qualified Contractors (Contractor or Contractors) to perform premise installation services in support of the City’s Connexion Fiber-to-the-Premise (FTTP) broadband network. The City plans to utilize the awarded Contractor to perform services for projects funded by local funds and federal funds. Any projects funded utilizing federal funds will be subject to compliance to 2 CFR 200 and applicable federal terms and conditions as detailed in the Agreement in Section VII attached hereto. B. Background The City is seeking proposals to provide Fiber to the Premise (FTTP) installation services to single family residences, Multiple Dwelling Units (MDUs), and commercial entities. Additionally, this activity will involve external drop and outside demarcation box, internal or external Optical Network Terminal (ONT) and inside wiring. Connexion also offers triple- play services including Internet, voice, and video. Contractors are encouraged to identify their experience, capabilities, and pricing proposal across both internal and external connection tasks in their response. The awarded Contractor will be required to utilize compatible tools to enable smart device/handheld access to the OSS platform in the field, as well as for all install scheduling, quota management, work order entry and issuance, and inventory management of the ONT’s. The awarded Contractor will provide crews and technicians for aerial fulfillment of plant being built in the mountainous areas north and west of Fort Collins City limits. These areas will rely heavily on aerial installation of premise drops, in comparison to the 100% underground methods used to provide service within City limits. Please see the included maps showing the areas for which the City has been awarded grants to provide service in these mountainous areas. There will also be areas in the Growth Management Areas (GMA) immediately next to City limits where the awarded Contractor will perform installations that are comparable to the installations provided within City limits. II. SCOPE OF PROPOSAL A. Specifications and Scope of Work The Scope of Work and Specifications are detailed in Appendix A. The awarded Contractor will be responsible for performing all tasks in the Scope of Work in conformance with the Specifications stated in Appendix A. B. Anticipated Schedule The following represents the City’s target schedule for the RFP. The City reserves the right to amend the target schedule at any time. • RFP issuance: March 7,2024 • Question deadline: 3:00 PM MT on March 15, 2024 RFP 9934 Connexion Premise Installation Services • Proposal due date: 3:00 PM MT on March 29,2024 • Interviews (optional): Week of April 1, 2024 • Award of Contract: April 2024 • Contract Effective Date: May 2024 C. Interviews In addition to submitting a written proposal, the top-rated Contractor(s) may be interviewed by the RFP assessment team and asked to participate in an oral presentation to provide an overview of the company, approach to the project and to address questions. The evaluation criteria for the oral interviews will be the same as the criteria for the written evaluations and is included in Section IV. D. Subcontractors/Subconsultants Contractors will be responsible for identifying any subcontractors and/or subconsultants in their proposal. Please note that the City will contract solely with the awarded Contractor; therefore, subcontractors and/or subconsultants will be the responsibility of the Contractor. Contractors are encouraged to take affirmative steps, if subcontracts are to be let, to contract with minority businesses, women’s business enterprises, and labor surplus area firms. E. Fees, Licenses, Permits The successful Contractor shall be responsible for obtaining any necessary licenses, fees or permits without additional expense to the City. All vehicles and equipment shall be properly licensed and insured, carry the appropriate permits and be placarded as required by law. F. Laws and Regulations The Contractor agrees to comply fully with all applicable local, State of Colorado and Federal laws and regulations and municipal ordinances to include American Disabilities Act (ADA). G. Invoicing and Payment Invoices should be emailed monthly to invoices@fcgov.com with a copy to the Project Manager. The cost of the work completed shall be paid to the Contractor each month following the submittal of a correct invoice by the Contractor indicating the project name, Purchase Order number, task description, hours worked, personnel/work type category, hourly rate for each employee/work type category, date of the work performed specific to the task, percentage of that work that has been completed by task, 3rd party supporting documentation with the same detail and a brief progress report. Payments will be made using the prices stated in the Agreement. In the event a service is requested which is not stated in the Agreement, the Contractor and the City will negotiate an appropriate unit price for the service prior to the Contractor(s) initiating such work. The City pays invoices on Net 30 terms. RFP 9934 Connexion Premise Installation Services III. PROPOSAL SUBMITTAL Please limit the total length of your proposal to a maximum of fifty (50) 8 ½ x 11” pages (excluding cover pages, table of contents, dividers and Acknowledgement form). Font shall be a minimum of 10 Arial and margins are limited to no less than .5” for sides and top/bottom. Extended page sizes, such as 11” x 17”, count as a single page and may be used for detailed pricing. Links to other files or websites shall not be permitted. Proposals that do not conform to these requirements may be rejected. Contractor(s) are required to provide detailed written responses to the following items in the order outlined below. The responses shall be considered technical offers of what Contractor(s) propose to provide and shall be incorporated in the contract award as deemed appropriate by the City. A proposal that does not include all the information required may be deemed non- responsive and subject to rejection. Responses must include all the items in the order listed below. It is suggested that the Contractor(s) include each of the City’s questions with their response. The City of Fort Collins shall not reimburse any firm for costs incurred in the preparation and presentation of their proposal. A. Cover Letter / Executive Summary The Executive Summary should highlight the content of the proposal and features of the program offered, including a general description of the program and any unique aspects or benefits provided by your firm. Indicate your availability to participate in the interviews/demonstrations on the proposed dates as stated in the Schedule section. B. Contractor(s) Information 1. Describe the Contractor(s) business and background 2. Number of years in the business 3. Details about ownership 4. An overview of services offered and qualifications 5. Size of the firm 6. Location(s) of offices. If multiple, please identify which will be the primary for our account. 7. Primary contact information for the company including contact name(s) and title(s), mailing address(s), phone number(s), and email address(s). C. Scope of Proposal 1. Provide a detailed narrative of the services proposed if awarded the contract per the Scope of Work detailed in Appendix A. Please annotate any exceptions to the Scope or Work or Specifications if applicable. 2. Describe how the project would be managed and who would have primary responsibility for its timely and professional completion. 3. Briefly describe the approach to execute the scope of work to include the methods and assumptions used, and any exceptions and/or risks. RFP 9934 Connexion Premise Installation Services 4. Identify what portion of work, if any, may be subcontracted or outsourced to subconsultants. Include all applicable information herein requested for each Contractor(s). 5. Discuss the availability of qualified personnel and ability to support a contract strat date of May 2024. D. Firm Capability and Assigned Personnel Provide relevant information regarding previous experience related to this or similar projects, to include the following: 1. Provide an Organization Chart/Proposed Project Team: An organization chart containing the names of all key personnel and subconsultants with titles and their specific task assignment for this Agreement shall be provided in this section. 2. Provide resumes for each professional and technical person to be assigned to the project, including partners, subconsultants, and subcontractors. Please limit resumes to one page. 3. A list of qualifications for your firm and qualifications and experience of the specific staff members proposed to perform the services described above. 4. References. Provide a minimum of three similar projects with public agencies in the last 5 years that have involved the staff and subcontractors/subconsultants proposed to work on this project. Include the owner’s name, title of project, beginning price, ending price, contact name, email and phone number, subconsultants on the team and a brief description of the work and any change orders. The Contractor(s) authorizes the City to verify any and all information contained herein and hereby releases all those concerned providing information as a reference from any liability in connection with any information provided. 5. Provide any information that distinguishes Contractor(s) from its competition and any additional information applicable to this RFP that might be valuable in assessing Contractor(s) proposal. E. Sustainability/TBL Methodology In concise terms (no more than two pages), please describe your organization’s commitment to sustainability and supporting values. Each element of the TBL sustainability criteria will receive equal consideration in determining the final Sustainability/TBL score. 1. Address how your firm strives to incorporate all three aspects (social, environmental, and economic) of Triple Bottom Line (TBL) sustainable practices into the workplace. Provide examples along with any metrics used to measure success within your firm. 2. Also provide examples of how your firm has incorporated all three aspects of TBL sustainable practices in previous similar projects on which your firm has been the prime Contractor(s). Some examples are provided below: a. Environmental – Experience delivering projects / programs focused on environmental health priorities in the areas of climate resiliency, water quality and watershed protection, regulatory performance, management systems, RFP 9934 Connexion Premise Installation Services air quality, renewable energy, sustainable building and design, construction materials management, and solid waste reduction. b. Economic – Experience working and delivering projects with an emphasis on strategic financial planning, job creation, business development, asset management, various project delivery methods, value engineering, regional partnerships, transparency, stakeholder engagement, strategic investments, aging infrastructure, repurposing of existing facilities, and competing financial priorities. c. Social - Experience working and delivering projects, programs, and/or initiatives that support Equity, Diversity, and Inclusion throughout your firm’s workplace, including leadership, and supply chain. Examples of this may be demonstration of working within cultural and language gaps, development of diversity programs, diverse project teams, equitable opportunity vendor supply chain, and how your firm has applied an equity lens to processes such as recruitment, hiring, purchasing, career pathways, salaries, and staff engagement. F. Cost and Work Hours In your response to this proposal, please complete the Schedule of Values in Section VI of this RFP. As noted, some work assigned under the awarded contract will be federally funded. Any federally funded work will be subject to the federal terms and conditions in Exhibit XX to the attached Sample Agreement in Section XX of this RFP. In addition, federally funded work will be subject to compliance with Davis Bacon wages attached hereto. 1. Complete Section VI Schedule of Values consisting of two (2) pages for work performed which is not federally funded and not subject to Davis Bacon wages. 2. Complete Section VI Schedule of Provide consisting of two (2) pages for work performed which utilizing federal funds and subject to Davis Bacon wages. Included with this request for proposals is a sample Agreement that the City intends to use for obtaining the services of the Contractor(s). The Contractor(s) is required to review this Agreement and indicate any objections to the terms of the contract. If revisions to the contractual terms are requested, provide suggested revisions. G. Acknowledgement The Acknowledgement form is attached as Section V. Complete the attached form indicating the Contractor(s) hereby acknowledges receipt of the City of Fort Collins Request for Proposal and acknowledges that the Contractor(s) has read and agrees to be fully bound by all of the terms, conditions and other provisions set forth in the RFP. H. Byrd Anti-Lobbying Amendment (31 U.S.C. 1352) Certification Complete the Byrd Anti-Lobbying Amendment Certification attached in Section V. I. Buy America Build America Certification Complete the Buy America Build America Certification attached in Section V. RFP 9934 Connexion Premise Installation Services IV. REVIEW AND ASSESSMENT CRITERIA A. Proposal and Interview Criteria Contractor(s) will be evaluated on the following criteria. This set of criteria will be the basis for review and assessment of the written proposals and optional interview session. At the discretion of the City, interviews of the top-rated Contractor(s) may be conducted. The rating scale shall be from 1 to 10, a rating of 1 doesn’t meet minimum requirements, a rating of 5 means the category fulfills the minimum requirements, and 10 exceeds minimum requirements in that category. CRITERIA WEIGHTING FACTOR SCOPE OF PROPOSAL 3.0 QUALIFICATIONS 3.0 COST 3.0 SUSTAINABILITY 1.0 RFP 9934 Connexion Premise Installation Services V. ACKNOWLEDGEMENT Contractor(s) hereby acknowledges receipt of the City of Fort Collins Request for Proposal and acknowledges that it has read and agrees to be fully bound by all of the terms, conditions and other provisions set forth in the RFP 9934 Connexion Premise Installation Services and sample Agreement except as otherwise noted. Additionally, Contractor(s) hereby makes the following representations to City: a. All of the statements and representations made in this proposal are true to the best of the Contractor(s) knowledge and belief. b. Contractor(s) commits that it is able to meet the terms provided in this proposal. c. This proposal is a firm and binding offer, for a period of 90 days from the date hereof. d. Contractor(s) further agrees that the method of award is acceptable. e. Contractor(s) also agrees to complete the proposed Agreement with the City of Fort Collins within 10 days of notice of award. If contract is not completed and signed within 10 days, City reserves the right to cancel and award to the next highest rated firm. f. Contractor(s) acknowledges receipt of addenda. g. Contractor(s) acknowledges no conflict of interest. h. Contractor(s) acknowledges that the City is a governmental entity subject to the Colorado Open Records Act, C.R.S. §§ 24-72-200.1 et seq. (“CORA”). Any proposals submitted hereunder are subject to public disclosure by the City pursuant to CORA and City ordinances. Professionals may submit one (1) additional complete proposal clearly marked “FOR PUBLIC VIEWING.” In this version of the proposal, Professionals may redact text and/or data that it deems confidential or proprietary pursuant to CORA. All pricing will be considered public records subject to disclosure under CORA and as such pricing cannot be redacted from the “FOR PUBLIC VIEWING” version of the proposal. Failure to provide a public viewing copy will be considered a waiver of any claim of confidentiality under CORA without regard to how the applicant’s proposal or certain pages of the proposal are marked confidential, proprietary, or similar. Such statement does not necessarily exempt such documentation from public disclosure if required by CORA, by order of a court of appropriate jurisdiction, or other applicable law. Proposals may not be marked “Confidential” or ‘Proprietary’ in their entirety. By responding to this RFP, Professionals hereby waives any and all claims for damages against the City for the City’s good faith compliance with CORA. All provisions and pricing of any contract resulting from this request for proposal will be public information. Legal Firm Name: Physical Address: Phone: Name of Authorized Agent of Firm: Signature of Authorized Agent: Primary Contact for Project: Title: Email Address: Phone: Cell Phone: NOTE: ACKNOWLEDGMENT IS TO BE SIGNED & RETURNED WITH YOUR PROPOSAL. RFP 9934 Connexion Premise Installation Services Byrd Anti-Lobbying Amendment (31 U.S.C. 1352) CERTIFICATION The Contractor attests that it has filed the required certification under the Byrd Anti-Lobbying Amendment. The Contractor attests that it has certified that it will not and has not used Federal appropriated funds to pay any person or organization for influencing or attempting to influence an officer or employee of any agency, a member of Congress, officer or employee of Congress, or an employee of a member of Congress in connection with obtaining any Federal Contract, grant or any other award covered by 31 U.S.C.1352. The Contractor further attests that it has disclosed, and will continue to disclose, any lobbying with non-Federal funds that takes place in connection with obtaining any Federal award. The undersigned certifies, to the best of his or her knowledge and belief, that: (1) No Federal appropriated funds have been paid or will be paid, by or on behalf of the undersigned, to any person for influencing or attempting to influence an officer or employee of an agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with the awarding of any Federal contract, the making of any Federal grant, the making of any Federal loan, the entering into of any cooperative agreement, and the extension, continuation, renewal, amendment, or modification of any Federal contract, grant, loan, or cooperative agreement. (2) If any funds other than Federal appropriated funds have been paid or will be paid to any person for making lobbying contacts to an officer or employee of any agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with this Federal contract, grant, loan, or cooperative agreement, the undersigned shall complete and submit Standard Form--LLL, "Disclosure Form to Report Lobbying," in accordance with its instructions [as amended by "Government wide Guidance for New Restrictions on Lobbying," 61 Fed. Reg. 1413 (1/19/96). (3) The undersigned shall require that the language of this certification be included in the award documents for all subawards at all tiers (including subcontracts, subgrants, and contracts under grants, loans, and cooperative agreements) and that all subrecipients shall certify and disclose accordingly. This certification is a material representation of fact upon which reliance was placed when this transaction was made or entered into. Submission of this certification is a prerequisite for making or entering into this transaction imposed by 31, U.S.C. § 1352 (as amended by the Lobbying Disclosure Act of 1995). Any person who fails to file the required certification shall be subject to a civil penalty of not less than $10,000 and not more than $100,000 for each such failure. The Contractor, ________________ ___, certifies or affirms the truthfulness and accuracy of each statement of its certification and disclosure, if any. In addition, the Contractor understands and agrees that the provisions of 31 U.S.C. A 3801, et seq., apply to this certification and disclosure, if any. __________________________ Entity Name __________________________ Signature of Authorized Official __________________________ Name and Title of Authorized Official __________________________ Date RFP 9934 Connexion Premise Installation Services BUY AMERICA CERTIFICATION Procurement of Steel, Iron, or Manufactured Products Applies to contracts exceeding $150,000 The contractor agrees to comply with 49 U.S.C. 5323(j) and 49 C.F.R. Part 661, and any later amendments, which provide that Federal funds may not be obligated unless steel, iron, and manufactured products used in FTA-funded projects are produced in the United States, unless a waiver has been granted by FTA or the product is subject to a general waiver. General waivers are listed in 49 C.F.R. 661.7. A bidder or offeror must submit to the FTA recipient, the City of Fort Collins, the appropriate Buy America certification (below) with all bids or offers on FTA- funded contracts, except those subject to a general waiver. Bids or offers that are not accompanied by a completed Buy America certification will be rejected as nonresponsive. 1) Certification required for procurement of steel, iron, or manufactured products. Certificate of Compliance with 49 U.S.C. 5323(j) The bidder or offeror hereby certifies that it will meet the requirements of 49 U.S.C. 5323(j), as amended, and FTA regulations, “Buy America Requirements”, 49 C.F.R. Part 661, to the extent consistent with 49 U.S.C 5323(j). Date: ___________________________________________ Signature: _______________________________________ Company: _______________________________________ Name: __________________________________________ Title: ___________________________________________ 2) Certificate of Non-Compliance with 49 U.S.C. 5323(j). Certificate of Non-Compliance with 49 U.S.C. 5323(j) The bidder or offeror hereby certifies that it cannot comply with the requirements of 49 U.S.C. 5323(j), as amended, and FTA regulations, “Buy America Requirements”, 49 C.F.R. Part 661, to the extent consistent with 49 U.S.C 5323(j). Date: ___________________________________________ Signature: _______________________________________ Company: _______________________________________ Name: __________________________________________ Title: ___________________________________________ RFP 9934 Connexion Premise Installation Services VI. REQUIRED PROPOSAL SUBMITTAL DOCUMENTS Connexion Premise Installation Services RFP 9934 - Schedule of Values Non Federal Item # Description Estimated Annual Quantity UOM Bid Summary Unit Price Total Amount CFC-1000 Utility Pothole 425 EACH $ - CFC-1000S Construction Set Up/Restoration 175 EACH $ - CFC-1001 Directional Bore (Up to 2”) 36000 FT $ - CFC-1002 Directional Bore – Additional Conduit (Up to 2”) 550 FT $ - CFC-1003 Missile Bore 350 FT $ - CFC-1004 Hand Trenching – Single Conduit 100 FT $ - CFC-1005 Trenching – Single Conduit 100 FT $ - CFC-1006 Trenching – Additional Conduit 100 FT $ - CFC-1007 Vault Installation – Drop Vault 200 EACH $ - CFC-1008 Vault Installation – Small Vault 5 EACH $ - CFC-1009 UG Conduit Pull – Mainline Drop 200 FT $ - CFC-1010 Hand Rodding – Empty Conduit 350 FT $ - CFC-1011 Hand Rodding – Occupied Conduit 1300 FT $ - CFC-1012 Hourly – Excavator Machine + Operator 5 HOUR $ - CFC-1013 Asphalt/Concrete Excavation – Per Sq. FT. 25 SQ FT $ - CFC-1014 Asphalt/Concrete Core Drill (2” to 6”) 10 EACH $ - CFC-1015 Rock Clause 75 FT $ - CFC-1101 Fiber Optic Fusion Splicing – Single Splice 175 EACH $ - CFC-1102 Fiber Optic Fusion Splicing (2 – 12 Fibers) 200 EACH $ - CFC-1103 Fiber Optic Fusion Splicing (13 – 96 Fibers) 25 EACH $ - CFC-1104 OTDR – Uni-Directional Testing and Documentation 4800 EACH $ - CFC-1105 Wall Mount Closure 10 EACH $ - CFC-2001 Direct Fiber Bury (Up to 100’) 4800 EACH $ - CFC-2002 Non-Turf Trenching 125000 FT $ - CFC-2003 Overage – Direct Fiber Bury (Over 100’) 11500 FT $ - CFC-2004 Fiber Placement / Pull Fiber Drop Through Conduit 540000 FT $ - CFC-2005 Driveway / Sidewalk Bore (Up to 20’) 9250 FT $ - CFC-2005FS Sidewalk Bore - Frozen Ground Conditions 120 EACH $ - CFC-2005FD Driveway Bore - Frozen Ground Conditions 15 EACH $ - CFC-2006 Overage – Driveway / Sidewalk Bore (Over 20’) 50 FT $ - CFC-2007 Temporary Surface Fiber Drop 250 EACH $ - CFC-2008 Light UG Service Drop 4800 EACH $ - CFC-2009 Asphalt/Concrete Excavation – Per Sq. FT. 100 SQ FT $ - CFC-2010 Asphalt/Concrete Core Drill (2” to 6”) 100 EACH $ - CFC-2012 Residential Missile Bore 3500 EACH $ - CFC-3001 Residential Premise Install – Data Service 4800 EACH $ - CFC-3002 Activate Data Service to Existing Fiber Address 10 EACH $ - CFC-3003 Add Video Service to Premise Install 350 EACH $ - CFC-3004 Add Voice Service to Premise Install 150 EACH $ - CFC-3005 Additional Residential Outlet – Install NEW Outlet 5 EACH $ - CFC-3006 Additional Residential Outlet – Activate EXISTING Outlet 5 EACH $ - CFC-3007 Residential Advanced Wi-Fi Device – Setup and Activation 20 EACH $ - CFC-3010 Residential Premise Wallfish 1 EACH $ - RFP 9934 Connexion Premise Installation Services CFC-3014 Add Video Service to Existing Customer 10 EACH $ - CFC-3016 Add VoiceService to Existing Customer 30 EACH $ - CFC-3018 Residential UPS Install 175 EACH $ - CFC-3020 Residential Premise Assistance 10 EACH $ - CFC-3050 Service Trip Charge 300 EACH $ - CFC-4000 Commercial Site Survey 250 EACH $ - CFC-4001 Commercial Install – Data / Video / Voice Demarcs 250 EACH $ - CFC-4004 Additional Commercial Outlet – Install NEW Outlet 10 EACH $ - CFC-4005 Additional Commercial Outlet – Activate EXISTING Outlet 10 EACH $ - CFC-4006 Commercial Advanced Wi-Fi Device – Setup and Activation 10 EACH $ - CFC-4010 Commercial Wallfish 50 EACH $ - CFC-4011 Commercial Multi-Box Prep 150 EACH $ - CFC-4012 Commercial Internal UPS Install 20 EACH $ - CFC-4020 Commercial Assistance 600 HOUR $ - CFC-4040 Commercial Service Equipment Request 10 EACH $ - CFC-4050 Commercial Service Trip Charge 10 EACH $ - CFC-5000 MDU Survey & Design 10 HOUR $ - CFC-5002 MDU Pre-Wire Installation 10 EACH $ - CFC-5003 MDU Pre-Wire Internal Conduit Installation 10 EACH $ - CFC-5010 MDU Wallfish 25 EACH $ - CFC-5011 MDU Multi-Box Prep 50 EACH $ - CFC-5012 MDU Post-Wire Installation 10 EACH $ - CFC-5013 MDU Post-Wire Internal Conduit Installation 10 EACH $ - CFC-5015 MDU Trim Outs 1000 EACH $ - CFC-5020 MDU Custom Service 1000 HOUR $ - CFC-6001 Service & Maintenance Field Technicians – Standard Hours 200 HOUR $ - CFC-6011 Service & Maintenance Field Technicians – Non- Standard Hours 10 HOUR $ - CFC-7000 Project Management 52 WEEK $ - CFC-7002 Material Management / Warehousing 2080 HOUR $ - CFC-7003 Office/Data Service Representative 2080 HOUR $ - CFC-8000 Reimbursable Materials (cost + 10%) 0 EACH $ - CFC-8005 Reimbursable Equipment / Tool Rental (Cost + 10%) 0 EACH $ - Total Annual Bid $ - RFP 9934 Connexion Premise Installation Services Connexion Premise Installation Services RFP 9934 - Schedule of Values Federal Pricing Item # Description Estimated Annual Quantity UOM Bid Summary Federal Unit Price Total Amount CFC-1000 Utility Pothole 425 EACH $ - CFC-1000S Construction Set Up/Restoration 175 EACH $ - CFC-1001 Directional Bore (Up to 2”) 36000 FT $ - CFC-1002 Directional Bore – Additional Conduit (Up to 2”) 550 FT $ - CFC-1003 Missile Bore 350 FT $ - CFC-1004 Hand Trenching – Single Conduit 100 FT $ - CFC-1005 Trenching – Single Conduit 100 FT $ - CFC-1006 Trenching – Additional Conduit 100 FT $ - CFC-1007 Vault Installation – Drop Vault 200 EACH $ - CFC-1008 Vault Installation – Small Vault 5 EACH $ - CFC-1009 UG Conduit Pull – Mainline Drop 200 FT $ - CFC-1010 Hand Rodding – Empty Conduit 350 FT $ - CFC-1011 Hand Rodding – Occupied Conduit 1300 FT $ - CFC-1012 Hourly – Excavator Machine + Operator 5 HOUR $ - CFC-1013 Asphalt/Concrete Excavation – Per Sq. FT. 25 SQ FT $ - CFC-1014 Asphalt/Concrete Core Drill (2” to 6”) 10 EACH $ - CFC-1015 Rock Clause 75 FT $ - CFC-1101 Fiber Optic Fusion Splicing – Single Splice 175 EACH $ - CFC-1102 Fiber Optic Fusion Splicing (2 – 12 Fibers) 200 EACH $ - CFC-1103 Fiber Optic Fusion Splicing (13 – 96 Fibers) 25 EACH $ - CFC-1104 OTDR – Uni-Directional Testing and Documentation 4800 EACH $ - CFC-1105 Wall Mount Closure 10 EACH $ - CFC-2001 Direct Fiber Bury (Up to 100’) 4800 EACH $ - CFC-2002 Non-Turf Trenching 125000 FT $ - CFC-2003 Overage – Direct Fiber Bury (Over 100’) 11500 FT $ - CFC-2004 Fiber Placement / Pull Fiber Drop Through Conduit 540000 FT $ - CFC-2005 Driveway / Sidewalk Bore (Up to 20’) 9250 FT $ - CFC- 2005FS Sidewalk Bore - Frozen Ground Conditions 120 EACH $ - CFC- 2005FD Driveway Bore - Frozen Ground Conditions 15 EACH $ - CFC-2006 Overage – Driveway / Sidewalk Bore (Over 20’) 50 FT $ - CFC-2007 Temporary Surface Fiber Drop 250 EACH $ - CFC-2008 Light UG Service Drop 4800 EACH $ - CFC-2009 Asphalt/Concrete Excavation – Per Sq. FT. 100 SQ FT $ - CFC-2010 Asphalt/Concrete Core Drill (2” to 6”) 100 EACH $ - CFC-2012 Residential Missile Bore 3500 EACH $ - CFC-3001 Residential Premise Install – Data Service 4800 EACH $ - CFC-3002 Activate Data Service to Existing Fiber Address 10 EACH $ - CFC-3003 Add Video Service to Premise Install 350 EACH $ - CFC-3004 Add Voice Service to Premise Install 150 EACH $ - RFP 9934 Connexion Premise Installation Services CFC-3005 Additional Residential Outlet – Install NEW Outlet 5 EACH $ - CFC-3006 Additional Residential Outlet – Activate EXISTING Outlet 5 EACH $ - CFC-3007 Residential Advanced Wi-Fi Device – Setup and Activation 20 EACH $ - CFC-3010 Residential Premise Wallfish 1 EACH $ - CFC-3014 Add Video Service to Existing Customer 10 EACH $ - CFC-3016 Add VoiceService to Existing Customer 30 EACH $ - CFC-3018 Residential UPS Install 175 EACH $ - CFC-3020 Residential Premise Assistance 10 EACH $ - CFC-3050 Service Trip Charge 300 EACH $ - CFC-4000 Commercial Site Survey 250 EACH $ - CFC-4001 Commercial Install – Data / Video / Voice Demarcs 250 EACH $ - CFC-4004 Additional Commercial Outlet – Install NEW Outlet 10 EACH $ - CFC-4005 Additional Commercial Outlet – Activate EXISTING Outlet 10 EACH $ - CFC-4006 Commercial Advanced Wi-Fi Device – Setup and Activation 10 EACH $ - CFC-4010 Commercial Wallfish 50 EACH $ - CFC-4011 Commercial Multi-Box Prep 150 EACH $ - CFC-4012 Commercial Internal UPS Install 20 EACH $ - CFC-4020 Commercial Assistance 600 HOUR $ - CFC-4040 Commercial Service Equipment Request 10 EACH $ - CFC-4050 Commercial Service Trip Charge 10 EACH $ - CFC-5000 MDU Survey & Design 10 HOUR $ - CFC-5002 MDU Pre-Wire Installation 10 EACH $ - CFC-5003 MDU Pre-Wire Internal Conduit Installation 10 EACH $ - CFC-5010 MDU Wallfish 25 EACH $ - CFC-5011 MDU Multi-Box Prep 50 EACH $ - CFC-5012 MDU Post-Wire Installation 10 EACH $ - CFC-5013 MDU Post-Wire Internal Conduit Installation 10 EACH $ - CFC-5015 MDU Trim Outs 1000 EACH $ - CFC-5020 MDU Custom Service 1000 HOUR $ - CFC-6001 Service & Maintenance Field Technicians – Standard Hours 200 HOUR $ - CFC-6011 Service & Maintenance Field Technicians – Non-Standard Hours 10 HOUR $ - CFC-7000 Project Management 52 WEEK $ - CFC-7002 Material Management / Warehousing 2080 HOUR $ - CFC-7003 Office/Data Service Representative 2080 HOUR $ - CFC-8000 Reimbursable Materials (cost + 10%) 0 EACH $ - CFC-8005 Reimbursable Equipment / Tool Rental (Cost + 10%) 0 EACH $ - Total Annual Bid $ - AREA MAPS The attached maps provide an overview of the mountainous areas outside City limits that will utilize federal funds and be subject to federal terms and conditions. Bellvue Substation Legend CPF Proposed Funded Service Area Planned Location Eligibility Eligible - Unserved Eligible - Underserved Ineligible - Funded Ineligible - Served Proposed Fiber Network Route Proposed Fiber Network Route PVREA Substations 0 1 2 Miles LayoutName: CPF Grant Exhibits Layout ProjectName: CPF Larimer County 2023 Date Exported: September 2023 CBO - Capital Projects Fund Fort Collins Connexion Proposed Project Area Boundary And Proposed Fiber Network Route Bellvue Substation Poudre Substation Legend CPF Proposed Funded Service Area Planned Project Proposed Fiber Route PVREA Substations PVREA Existing Fiber Connexion Feeder Fiber Network 0 1 2 3 4 Miles LayoutName: CPF Grant Exhibits Layout ProjectName: CPF Larimer County 2023 Date Exported: September 2023 CBO - Capital Projects Fund Fort Collins Connexion Proposed Project Overview Goodwin Substation Legend CPF Proposed Funded Service Area Planned Location Eligibility Eligible - Unserved Eligible - Underserved Ineligible - Funded Ineligible - Served Proposed Fiber Network Route Proposed Fiber Network Route PVREA Substations 0 0.25 0.5 0.75 1 Miles LayoutName: CPF Grant Exhibits Layout ProjectName: CPF Larimer County 2023 Date Exported: September 2023 CBO - Capital Projects Fund Fort Collins Connexion Proposed Project Area Boundary And Proposed Fiber Network Route Goodwin Substation Poudre Substation Legend CPF Proposed Funded Service Area Planned Project Proposed Fiber Route PVREA Substations PVREA Existing Fiber Connexion Feeder Fiber Network 0 2 4 6 Miles LayoutName: CPF Grant Exhibits Layout ProjectName: CPF Larimer County 2023 Date Exported: September 2023 CBO - Capital Projects Fund Fort Collins Connexion Proposed Project Overview Bellvue Substation Legend CPF Proposed Funded Service Area Planned Location Eligibility Eligible - Unserved Eligible - Underserved Ineligible - Funded Ineligible - Served Proposed Fiber Network Route Proposed Fiber Network Route PVREA Substations 0 1 2 Miles LayoutName: CPF Grant Exhibits Layout ProjectName: CPF Larimer County 2023 Date Exported: September 2023 CBO - Capital Projects Fund Fort Collins Connexion Proposed Project Area Boundary And Proposed Fiber Network Route Bellvue Substation Poudre Substation Legend CPF Proposed Funded Service Area Planned Project Proposed Fiber Route PVREA Substations PVREA Existing Fiber Connexion Feeder Fiber Network 0 1 2 3 4 Miles LayoutName: CPF Grant Exhibits Layout ProjectName: CPF Larimer County 2023 Date Exported: September 2023 CBO - Capital Projects Fund Fort Collins Connexion Proposed Project Overview Manhattan Substation Rustic Substation LeJend CPF Proposed Funded Service Area Planned FCC Fabric Availability 20230615 Speed≤25/3 25/3<Speed<100/20 Speed≥100/20 Proposed Fiber Network Route Proposed Fiber Network Route PVREA Substations 0 1 2 3 Miles LayoutName: CPF Grant Exhibits Layout ProjectName: CPF Larimer County 2023 Date Exported: September 2023 CBO - Capital Projects Fund Fort Collins Connexion Proposed Project Area Boundary And Proposed Fiber Network Route Manhattan Substation Rustic Substation Legend CPF Proposed Funded Service Area Planned Location Eligibility Eligible - Unserved Eligible - Underserved Ineligible - Funded Ineligible - Served Proposed Fiber Network Route Proposed Fiber Network Route PVREA Substations 0 1 2 3 Miles LayoutName: CPF Grant Exhibits Layout ProjectName: CPF Larimer County 2023 Date Exported: September 2023 CBO - Capital Projects Fund Fort Collins Connexion Proposed Project Area Boundary And Proposed Fiber Network Route Rustic Substation Poudre Substation Legend CPF Proposed Funded Service Area Planned Project Proposed Fiber Route PVREA Substations PVREA Existing Fiber Connexion Feeder Fiber Network 0 2 4 6 Miles LayoutName: CPF Grant Exhibits Layout ProjectName: CPF Larimer County 2023 Date Exported: September 2023 CBO - Capital Projects Fund Fort Collins Connexion Proposed Project Overview RFP 9934 Connexion Premise Installation Services APPENDIX A SPECIFICATIONS AND SCOPE OF WORK EXHIBIT CONTENTS Exhibit 1 Exhibit 2.1 General Specifications Outside Plant Section A - Underground Construction Section B - Splicing & Testing Exhibit 2.2 Outside Plant Section A - Underground Drops Section B - Aerial Drops & Transitions Exhibit 2.3 Inside Wiring – Residential Exhibit 2.4 Inside Wiring – Commercial Exhibit 2.5 Multi-Dwelling Units (MDU) Exhibit 2.6 Service & Maintenance – Hourly Exhibit 2.7 Professional Services Exhibit 2.8 Materials/Equipment RFP 9934 Connexion Premise Installation Services APPENDIX A EXHIBIT 1 GENERAL SPECIFICATIONS 1.1 Office Location. Contractor shall perform the Broadband Services out of an office/warehouse established by Contractor in or within one mile of the Client’s service area. 1.2 Staffing and Supervision. Contractor agrees to supply a sufficient number of experienced and qualified personnel to meet the demand of Owner’s customers for the Broadband Services, and to supply tools and installation equipment to install and commission the Broadband Services in Owner’s service area. Contractor shall provide sufficient installation technicians such that, with five (5) slots per technician per day, installation slots shall be available for scheduling not further than fifteen (15) business days in the future. Should the number of available installation slots exceed demand in such a way that multiple open slots remain between the 1st and 10th business day in the future, the Owner shall reduce the number of slots available for scheduling by five (5) per day. The Contractor and Owner shall mutually agree to make exceptions to these specifications. Contractor shall give sufficient supervision to the work. Contractor shall employ capable, experienced, and reliable supervisors and such skilled workers as necessary for the various classes of work to be performed and shall be solely responsible for the supervision of its employees. Contractor’s work will be performed to the satisfaction of Owner, whose determination will be final and binding. Owner reserves the right to require the removal from the project of any employee of Contractor if in the judgment of Owner such removal shall be necessary to protect the interest of Owner. 1.3 Personnel, Tools, and Equipment. At its own expense, Contractor will supply all personnel, tools, and installation equipment in order to perform the installation of the Broadband Services. 1.4 Schedule of Work. Owner may at any time require Contractor to alter the schedule of work with respect to the order of completion of particular segments of Contractor’s work. The hours of work and the days upon which Contractor will perform its work will be subject to mutual agreement of the parties; however, the dates and times of performance shall be consistent with the schedule established by Owner for the work and this Agreement. All work will be performed at reasonable hours and in a manner so as to minimize any disruptions to the customers served by Owner. RFP 9934 Connexion Premise Installation Services 1.5 Work Order Process and Time To Complete Work. Owner shall issue all work orders to Contractor in a process which best meets Owner expectations for competitive delivery of services and which best assists Contractor in successful completion of work. All work subject to invoicing must be accompanied by a valid Owner work order ID. OSP Fiber Drop work must be completed within ten (10) business days of receipt of work order such that the appointment for the Owner’s customer in-house installation can be scheduled to be completed beginning not later than the tenth business day. Owner shall be notified of completion of OSP Fiber Drop work in a manner dictated by Owner. Subscriber Premise Installation Services appointments shall be scheduled by Owner based on consideration of the OSP completion window. Owner shall be notified of completion of Premise Installation Services in a manner dictated by Owner. The expectation is that Contractor’s technician will arrive at the Owner’s customer premise at the appointed arrival time. Contractor will contact the Owner’s customer 30 minutes prior to the technician’s arrival to the Owner’s customer. 1.6 Due Diligence and Responsibility for Damage. Contractor agrees that it will become familiar with the general service area and local conditions before starting the project. Contractor will assume the risk of the condition of the site(s) where its work is to be performed. Contractor shall be responsible for submitting underground locate requests to the Call Before You Dig Center for the State of Colorado at 811 or 1-800-922-1987. Contractor shall be responsible for damage to property caused directly or indirectly by Contractor, its employees, agents, subcontractors or representatives. Contractor will restore all disturbed terrain to its original state or better. Sod method shall be utilized as necessary to replace grass for all restoration. In the event of adverse conditions due to weather or season, Contractor shall complete a temporary restoration and promptly complete a permanent restoration when conditions permit. Contractor shall restore concrete or asphalt cuts in accordance with the Larimer County Urban Area Street Standard (LCUASS) and applicable road authority’s specifications. Contractor shall take appropriate precautions to avoid the possibilities that no utilities, including but not limited to, sewer, water, and electric services are disrupted during any construction of fiber installation. Contractor shall be responsible for damage caused to any resident or entity as a result of Contractor’s damage to a utility while serving the Owner’s customers. Contractor will remove any trash, debris and surplus materials left over or resulting from the performance of its work. 1.7 Incident Reporting and Complaint Resolution. Contractor will maintain a Trouble Ticket tracking system and/or comply with Owner’s trouble addresses for resolution. Contractor’s Project Manager and Office Manager will take lead on these issues and assign to field crew (copied to Lead Techs) within 24 hours. Contractor shall respond to and repair complaints or damages relating to water (i.e. sprinklers, water pipes, sewer lines) no later than 48 hours after receiving notice. Contractor will address other complaints or repairs within 72-hours unless otherwise approved by the Owner. Contractor will proactively communication with Owner and Owner’s end customers to keep all informed of RFP 9934 Connexion Premise Installation Services progress on incident resolution. Contractor will provide positive response to the Owner after the resolution of any damage or incident. 1.8 Compliance with Laws and Regulations. Contractor will comply with all applicable federal, state, and local laws, rules and regulations, including those pertaining to the licensing of contractors. Contractor will be responsible for any permits, licenses or other authorizations necessary for the performance of the work, copies of which will be provided to Owner upon request. Contractor will comply with the requirements of all such permits, licenses and authorizations. 1.9 Safety Contractor shall at all times take reasonable precautions for the safety of its personnel and the public and shall comply with all applicable safety provisions of federal, state, and local laws, rules, and regulations and building and construction codes, in addition to the latest edition of the National Electric Safety Code (NEC), National Electric Safety Code (NESC), Electronic Industries Alliance/Telecommunication Industries Associate (EIA/TIA), and the safety rules and procedures of Owner. The Owner shall have the right to suspend any work performed by Contractor or its subcontractors in the event the Owner believes the work is not being performed in a safe manner consistent with best practices and/or any Owner policy. 1.9.1 Hazardous Conditions. In the event Contractor encounters hazardous conditions, Contractor will stop work immediately in the affected area and duly notify the Client, end user and applicable entities such as Xcel Energy, etc. Hazardous conditions may include materials, wastes, substances, gases and chemicals deemed to be hazardous under applicable law, or the handling, storage, remediation, or disposal of which are regulated by applicable law. 1.10 Contractor Staff Contractor installers will conform to the following: 1.10.1 Hiring Protocols. Contractor will complete both criminal background checks and DMV records for applicants. Applicants will undergo drug screening. Contractor will staff this project with local employees as well as local partners as reasonably practical. 1.10.2 Technician Training. Contractor shall maintain a technician certification program based off its Best Practices Manual in conjunction with the particular specifications of the Owner. Trainees are paired with a skilled Tech Trainer and follow a regimented PQTR program (Primary Quality Training Requirements). Lead Technicians monitor progress and recommend final certification to Project Manager or recommendation for extended trainings. Contractor shall provide training documents to the owner at the start of the project. PQTR normally runs to certification on these time frames: o Premise Technician- data/phone only = 3 weeks; video = 4 weeks; IPTV = 5 weeks o Aerial Technician- strand/ladder = 4 weeks; bucket/PZ = 6 weeks RFP 9934 Connexion Premise Installation Services o Underground Technician- 5 weeks o Warehouse Technician- 2 weeks o Lead Technician- 6 months to 1 year Contractor shall track sign up demand and work with the Owner to reasonably predict increases or decreases in demand. Contractor shall be responsible to plan their training timelines so as not to fall behind their responsibilities lined out in section 1.2 of these specifications. 1.10.3 Badging. Client-approved identification will be utilized. Badging type, appearance, photo size, preferred location will be mutually agreed by the parties and furnished by Contractor. 1.10.4 Housekeeping Skills Install technicians are trained and inspected on work area cleaning processes. Each technician carries a cordless vacuum and mini-broom. In addition, all technicians are issued and required to use protective booties. 1.10.5 Grooming Contractor maintains standards for hygiene, grooming, facial hair, jewelry, and body art- all part of training protocols and daily morning inspections. 1.10.6 Uniforms Technicians are issued uniform shirts, hats, and outerwear. Install technicians are required to carry a change of shirts in their vehicle. Contractor’s uniforms shall be subject to the Owner’s review and approval. 1.10.7 Vehicles Contractor will utilize late model vehicles that are less than seven (7) years old. All vehicles will be white, dent free, in good working order, with no noticeable cosmetic defects, and regularly cleaned. Technicians will keep their truck clean and clutter-free. Contractor will maintain a truck cleaning station and cleaning equipment, as well as dumpster areas for refuse. Each vehicle will undergo a thorough monthly vehicle safety inspection which will include criteria for cleanliness and clutter-free. 1.10.8 Signage/Logos All vehicles used for the project will be decaled/badged according to the standards and requirements of the Owner. Contractor will include Owner or product badging on all vehicles, uniforms and operation center signage including subcontractors as mutually agreed by the parties. 1.11 Care of Assets Provided by Owner Contractor will be responsible for the condition and safekeeping of any tools, vehicles, equipment, materials, CPE or other such tangible assets (“Assets”) as provided by Owner. RFP 9934 Connexion Premise Installation Services Contractor will provide a receipt for all Assets received from Owner and account for the Assets in a manner satisfactory to Owner. Contractor will maintain the Assets in its care in good operating condition, repair, and appearance, and protect the same from deterioration, other than normal wear and tear, and will use the Assets only for work on the project, in the regular course of business only within its normal capacity, without abuse, and in a manner contemplated and recommended by the manufacturer. The Assets that are provided to Contractor will be the sole responsibility of Contractor, who will be responsible for adequately insuring said Assets in accordance with the requirements of Owner. With the exception of materials and CPE installed at customer premises and properly accounted for in a manner that meets the requirements of Owner, Contractor will return such Assets to Owner upon completion of the work set forth in this Agreement. In the event of damage or loss of such Assets, at Owner’s option Contractor shall promptly reimburse the Owner for the replacement value of such Assets or the replacement costs may be deducted from any remaining payment due Contractor. 1.12 Progress Reports and Inspection Owner may require Contractor to attend weekly, biweekly or monthly meeting to review progress and resolve any issues. Contractor will provide Owner with such reports and other evidence of the progress of Contractor’s work as Owner may reasonably request. Owner or its Engineer may inspect Contractor’s work at any time without notice to Contractor. All residential, commercial and MDU connections will include records of validation and documentation to confirm compliance to the Owner’s specifications. RFP 9934 Connexion Premise Installation Services APPENDIX A EXHIBIT 2.1 OUTSIDE PLANT Section A Underground Construction Utility Pothole CFC-1000 per each Includes: • Turf /gravel-aggregate/open soil up to 36” deep (6” – 8” diameter) • Asphalt/concrete wide utility drill up to 36” deep (6” – 8” diameter) • Utility pothole in street, alleyway, parking lot attending to municipal codes • Removal of material and backfill • Verification of utility location & documentation • Patching and sealing with appropriate hard surface materials as per LCUASS Construction Set Up / Restoration CFC-1000S per each • Construction machinery mobilization for Directional Boring or Missile Boring (under 500’) • If required, Vac/pothole machinery mobilization • Verification of utility location & documentation • Restoration of bore pits and any machine trenches • Street/sidewalk/work area clean up • Invoiced per construction work order (per location) Directional Bore (Up to 2”) CFC-1001 per foot Includes: • Directional bore and pull back up to and including 2” conduit, with a minimum depth of 24” • All set up and placing of conduit with locatable conductor or inner duct, cable, wire in bore length • Directional bore measurements determined by the linear foot measurements at the ground surface (or equivalent such as over water at ground level) for intended path as provided by the engineering work order or as otherwise provided by a company representative RFP 9934 Connexion Premise Installation Services Directional Bore – Additional Conduit (Up to 2”) CFC-1002 per foot Includes: • Directional bore per additional conduit, up to and including 2” conduit, with a minimum depth of 24” • Each additional conduit or inner duct, cable or wire in bore Missile Bore CFC-1003 per foot Includes: • The placement of conduit up to 2” diameter, minimum of 24” deep by method of missile boring • Standard Missile Bore pit excavation requires 4’ adder to bore length • Unit to include back fill and ground restoration Hand Trenching – Single Conduit CFC-1004 per foot Includes: • Hand trench conduit up to 2” diameter, minimum of 24” deep, by method of hand trenching • Can be liner trench line or area excavation (i.e. exposing existing pipe for intercept) • Trenching less than 24” deep to be invoiced under Non-Turf Trenching code • Placing conduit(s) in trench • Backfill, compact and restore cover Trenching – Single Conduit CFC-1005 per foot Includes: • The placement of conduit up to 2” diameter, up to 24” deep by method of trenching • Unit to include back fill and ground restoration Trenching – Additional Conduit CFC-1006 per foot Includes: • The installation of one additional conduit up to 2” diameter, in existing open trench RFP 9934 Connexion Premise Installation Services Vault Installation – Drop Vault CFC-1007 per each Includes: • Small, flush with grade, hand / drop vault per manufacturer’s specifications • Transition conduits and/or drop cables at specified elevations • Seal conduits if required • Install hand vault lid • Install gravel that will be provided by Contractor Vault Installation – Small Vault CFC-1008 per each Includes: • Small, flush with grade, vault per manufacturer’s specifications • Transition conduits and/or drop cables at specified elevations • Seal conduits if required • Install hand vault lid • Install gravel that will be provided by Contractor UG Conduit Pull – Mainline Drop CFC-1009 per foot Includes: • Pull service mainline fiber cable through conduit • Pull tracer wire • This unit is to be used for the pulling of cables larger than 12-cnt through conduit. Hand Rodding – Empty Conduit CFC-1010 per foot Includes: • Hand rodding/blown in empty duct with approved pull tape • NOT to be used for drop fiber Hand Rodding – Occupied Conduit CFC-1011 per foot Includes: • Hand rodding/blown in an occupied duct with approved pull tape • NOT to be used for drop fiber RFP 9934 Connexion Premise Installation Services Hourly – Excavator Machine + Operator CFC-1012 per hour Includes: • One man / One excavator machine on a pre-approved / Owner request basis Asphalt/Concrete Excavation CFC-1013 per square foot Includes: • Survey with property owner concerning best path for aesthetics • Asphalt/concrete sawing and/or trenching (footage per cross cut) of material • Conduit installation (as required) • Patching and sealing with appropriate restoration materials • Minimum charge of 2 sq. ft. excavation per site Asphalt/Concrete Core Drill (2” to 6”) CFC-1014 per each Includes: • For drop access when premise/building is surrounded by concrete or asphalt • Asphalt/concrete core drill up to 12” deep • Removal of materials • Patching and sealing with appropriate restoration materials Rock Clause CFC-1015 per each When Contractor’s field management determines that a location is composed of rock or rock formations on a case-by-case basis. Contractor will not proceed without written approval from the Owner’s authorized representative. RFP 9934 Connexion Premise Installation Services Section B Splicing and Testing Fiber Optic Fusion Splicing – Single Splice CFC-1101 per each Includes a single splice using fusion splice machine at a single location Fiber Optic Fusion Splicing (2 – 12 Fibers) CFC-1102 per each Includes more than one (1) fusion splice and up to and including twelve (12) fusion splices at a single location Fiber Optic Fusion Splicing (13 – 96 Fibers) CFC-1103 per each Includes core alignment splicing at closure locations requiring 13 – 96 fiber splices OTDR – Uni-Directional Testing and Documentation CFC-1104 per each Applicable to mainline testing and documentation only. Includes testing and documentation for spliced fiber strands with fiber terminated on one end as required by Owner standards for Uni-Directional fiber testing. Wall Mount Closure CFC-1105 per each When applicable, includes: • Installation of a wall mounted Mid Cable Access splice closure per Owner and manufacturer standards and specifications • The preparation of all fiber cables, buffer tubes, trays and fibers for splicing • The labeling and photographs of cable, closure, and trays RFP 9934 Connexion Premise Installation Services APPENDIX A EXHIBIT 2.2 OUTSIDE PLANT Section A Underground Drops NOTE: These underground drop units are for stick bore, or cable trench tool methods. Direct Fiber Bury (Up to 100’) CFC-2001 per each Includes: • Burying of 100’ or less of direct fiber (per location) • Drop cable shall be buried no shallower than 10” along the entire bury path. • Installation of tracer (if required) • Installation of protective pvc U-Guard or conduit sleeve at location • Coil fiber drop at Terminal (100’) • Coil fiber drop at Riser (3’) • Restoration of grounds • Encountering “non-turf” materials or situations requires additional billing • If applicable, invoiced in addition to Temporary Surface Fiber Drop upon return to complete direct fiber bury • This unit shall be used only for residential installs. For Commercial, MDU, or MTU drops, Contractor shall place conduit from the NAP to the NID. Non-Turf Trenching CFC-2002 per foot Includes: • Per foot trenching fee for navigating non-turf surfaces from assigned vault to residence • “Non-Turf” includes bury path traversing landscape or hardscape through rock, plantings, mulch, fence lines, decorative stone/pavers, and/or any lawn surface requiring landscape fabric/barrier which requires additional labor to remove materials. Also included would be distances of tree/brush root sections through standard turf areas where root obstacles are greater than ¾” in diameter. • Restoration of non-turf areas to better than or equal to the original condition. • Drop cable shall be buried no shallower than 10” along the entire bury path. RFP 9934 Connexion Premise Installation Services Overage – Direct Fiber Bury (Over 100’) CFC-2003 per foot Includes per foot charge: • Additional per foot charge when direct fiber bury from closure to ONT exceeds 100’ • Drop cable shall be buried no shallower than 10” along the entire bury path. • Restoration of grounds Fiber Placement / Pull Fiber Drop Through Conduit CFC-2004 per foot. Includes: • Pulling individual fiber drop through conduit (mainline duct or drop duct) • Replace pull string as required • Initial clearance of blocked conduit by fishtape and/or rodder equipment – maximum one (1) hour labor extended Driveway / Sidewalk Bore (Up to 20’) CFC-2005 per foot Includes per foot charge: • Applicable to Sidewalk Bores regardless of ROW • Applicable to Driveway Bores only within the ROW • Standard Bore pit excavation/restoration requires standard 2’ adder to bore length • Installation of conduit as required by LCUASS in the ROW or under any privately owned hardscape surfaces. • Maximum driveway width/footage of 20’ (bore lengths exceeding 20’ billed as overage) SIDEWALK BORE - FROZEN GROUND CONDITIONS CFC-2005FS PER EACH Following conditions apply to this Scope of Work: • Persistent winter temperatures (snow/ice) resulting in frozen (permafrost) conditions below grade requiring additional underground labor/time to penetrate the horizontal subsurface crossing under a sidewalk where required • Requires digital photographic documentation of the job site as well as documentation of current weather conditions. (Example; Screen shot of current temperature at the time of bury, may also include previous 24 hour recorded low temperature) • Billed in addition to standard Driveway/ Sidewalk Bore CFC-2005/CFC-2006. • Where applicable, billed in addition to CFC 2001-Direct Fiber Bury (Up to 100’) • Where applicable, billed in addition to CFC-2007-Temporary Surface Fiber Drop RFP 9934 Connexion Premise Installation Services DRIVEWAY BORE - FROZEN GROUND CONDITIONS CFC-2005FD PER EACH Following conditions apply to this Scope of Work: • Persistent winter temperatures (snow/ice) resulting in frozen (permafrost) conditions below grade requiring additional underground labor/time to penetrate the horizontal subsurface crossing under a driveway where required. Owner contact and authorization required. • Requires digital photographic documentation of the job site as well as documentation of current weather conditions. (Example; Screen shot of current temperature at the time of bury, may also include previous 24 hour recorded low temperature) • Billed in addition to standard Driveway/ Sidewalk Bore CFC-2005/CFC-2006. • Where applicable, billed in addition to CFC 2001-Direct Fiber Bury (Up to 100’) • Where applicable, billed in addition to CFC-2007-Temporary Surface Fiber Drop Overage – Driveway / Sidewalk Bore (Over 20’) CFC-2006 per foot Includes: • Additional per foot charge when driveway bore exceeds 20’ • Any bore footage needed over 30’ will fall under a construction menu and rate (discuss with Owner on a per case basis) Temporary Surface Fiber Drop CFC-2007 per each Includes: • Temporary surface fiber drop placed as required and approved by Owner due to weather or other unavoidable circumstances • Temporary surface fiber drop will be removed and pulled through conduit (if applicable) in the most reasonable time available • Temporary surface fiber drop will be removed and direct buried (if applicable) in the most reasonable time available • Appropriate safety cautions and markings to guard surface fiber will be taken Light UG Service Drop CFC-2008 per each Includes: • Dress out drop cable to primary cable(s) • Enter closure with drop cable • Mount ONT or NID • Dress out Tracer at NID • Either fusion splice or connectorized at NAP and ONT or NID • Contractor to provide Uni-Directional OTDR readings with a minimum 100 ft launch reel from the bulkhead in the NID pointing upstream to show that splices have not more than 0.75 dB of light loss at the NID and 0.25 dB at the NAP. • Patch down at LCP, if required RFP 9934 Connexion Premise Installation Services • Record optical power meter readings at NID • Re-seal closure • Neatly coil fiber slack in vault Asphalt/Concrete Excavation CFC-2009 per square foot Includes: • Survey with property owner concerning best path for aesthetics • Asphalt/concrete sawing and/or trenching (footage per cross cut) of material • Conduit installation (as required) • Patching and sealing with appropriate restoration materials • Minimum charge of 2 sq. ft. excavation per site Asphalt/Concrete Core Drill (2” to 6”) CFC-2010 per each Includes: • For drop access when premise/building is surrounded by concrete or asphalt • Asphalt/concrete core drill up to 12” deep • Removal of materials • Patching and sealing with appropriate restoration materials Residential Missile Bore CFC-2012 per each Includes: • Primary unit for Driveway bores which fall within private property beyond ROW • The placement of conduit up to 2” diameter, up to 24” deep by method of missile boring • Minimum depth of 12” • Standard Missile Bore pit excavation requires 4’ adder to bore length • Unit to include back fill and ground restoration RFP 9934 Connexion Premise Installation Services Section B Aerial Drops Install New Strand CFC-2501 per foot Includes: • Install New Strand cost shall include pulling of Erin rope and the installation of a new strand, as indicated on the approved drawings. Measurement shall be the pole-to-pole or pole-to-premise distance of new strand installed. • Payment shall be made at the applicable price and shall include full compensation for all labor, equipment, tools, and incidental materials necessary to complete the work. Lash Cable to Strand CFC-2502 per foot Includes: • Lash Cable to Strand cost shall include pulling of Erin rope, lashing of fiber cable and installation of slack/storage loops as indicated on the approved drawings. Measurement shall be taken based on footstamp of cable installed. This item shall include installation of fiber cable as shown on the approved drawings of 2, 12, and 24 count fiber cable. • Payment shall be made at the applicable price and shall include full compensation for all labor, equipment, tools, and incidental materials necessary to complete the work. Access Aerial Splice Closure CFC-2503 per each Includes: • Access Aerial Splice Closure cost shall include accessing, entering, performing splice work in, re-attaching or replacing, and handling and replacing slace loops for any aerial splice enclosure. Payment shall be made at the applicable price and shall include full compensation for all labor, equipment, tools, and incidental materials necessary to complete the work. RFP 9934 Connexion Premise Installation Services APPENDIX A EXHIBIT 2.3 Inside Wiring B. Residential Wiring Residential Premise Install – Data Service CFC-3001 per each Includes Installation of data service with one (1) data outlet. Further details of data connections and testing standards are as follows: ONT connection includes: • Best Practice Methods for exterior structured cabling in physical routing, screws and/or anchors, and wraps. • Wraps shall be attached to the structure with cable clips at intervals not exceeding 18” OC. • Wraps shall be placed up under the eaves instead of low under a sill when there is a feasible option. • The Contractor shall select the smallest possible wrap length that is feasible in each situation to minimize slack remaining in the NID. • Routing/sealing indoor fiber cable from exterior NID to interior location • Installation of fiber jack/wall plate at interior location • Install indoor ONT and terminate to fiber jack • ONTs shall not be placed in garages, on floors, within laundry rooms, or in closets. • The ONT shall be placed central to the home if feasible. • Power up ONT, test for operation, verify and record ONT optical power meter readings at device. • If for whatever reason, light is not available by the end of the scheduled installation window, the Contractor shall return when light is present to provide the scope listed in the “Data connection” section below. If the no-light problem arose from an issue outside of the Contractor’s control, the Contractor shall provide the Owner with a photo at the NAP showing the power meter spliced onto the proper fiber and showing a zero- light reading. In this case, the Contractor may bill the CFC-3050 unit, after approval by the Owner. • No-light issues that the Contractor discovers at the time of splicing the NID and NAP shall be reported to the Owner immediately after the Contractor confirms the no-light issue is not a result of an issue within their scope. • If necessary, coordination with NOC to provision data services for ONT Data connection includes: • For premises where a central ONT location is not close enough to where the customer requests a hard-wired connection to a device, and existing ethernet does not provide a route from the central location to that device. • Installation of one (1) CAT5/6 cable from ONT to Customer preferred location/device • If applicable- includes one (1) wallfish from “top-plate” down to wall plate • Confirmation/documentation of Wi-Fi signal via speed test in three (3) different premise RFP 9934 Connexion Premise Installation Services locations, which are directed by Customer • Setup of ALL Simple Wi-Fi devices for data: defined as any tablet, smartphone, laptop, or desktop computer • Customer education on all applicable products and services; and distribution of Owner materials when applicable • The Contractor shall verify that all paid services work at the time of the install, and that the customer has been provided education on how to operate their services. This includes, without being limited to: • Tablets, smartphones, laptops, or desktop computers can access websites. • Phones can make and receive calls. • Television works and the customer can perform all basic functions to control their TV. Additional Owner and/or Customer requests for data connectivity tasks beyond installation scope will incur the following charges: • When applicable, any Customer request for the installation of each NEW Cat 5/6 cable/outlet to an additional location/device will be invoiced separately (see CFC-3004) • When applicable, any Customer request for the activation of each EXISTING Cat5/6 cable/outlet to an additional location/ device will be invoiced separately (see CFC- 3005) • When applicable, any Customer request to setup and activate an advanced Wi-Fi device will be invoiced separately (see CFC-3006) When applicable, any Customer request for any additional wallfish beyond one (1) will each be invoiced separately (see CFC-3010) Data collection and transfer • This unit includes the collection of information about the installation, including the following. These items shall be regularly provided to the Owner in a format acceptable to the Owner, functioning with the Owner’s customer data management system. • Technician installation notes containing light levels at the time of the installation and other pertinent information. • Customer-signed form confirming their acceptance of the installation. This form is to be approved by the Owner. • Photos showing the ONT placement in context, wall plate placement, the house penetration, representative photos of the wrap path, interior of the NID, and NID placement. • OTDR test results demonstrating acceptable splices at the NID and NAP. Activate Data Service to Existing Fiber Address CFC-3002 per each Includes activating data service to an existing fiber-served address on a separate trip. ONT/Data connection includes: • Install indoor ONT and terminate to existing fiber jack • Power up ONT, test for operation, verify and record ONT optical power meter readings at device RFP 9934 Connexion Premise Installation Services • If necessary, coordination with NOC to provision data services for ONT • If requested, Installation of one (1) CAT5/6 cable from ONT to Customer preferred location/device • If applicable- includes one (1) wallfish from “top-plate” down to wall plate • Confirmation/documentation of Wi-Fi signal via speed test in three (3) different premise locations as directed by Customer • Setup of ALL Simple Wi-Fi devices for data: defined as any tablet, smartphone, laptop, or desktop computer • Customer education on all applicable products and services; and distribution of Owner materials when applicable • Customer request for alternate location for fiber jack / ONT will be billed as new install • Activate Data Service work order requiring added video service and/or voice service will be billed at units CFC-3003 and/or CFC-3004. Add Video Service to Premise Install CFC-3003 per each Includes adding video service at the time of a Premise Install – Data Service, or upon Activate Data Service at Existing Fiber Address (see CFC-3002) Video connection includes: • Install, download and activate video service app on up to two (2) over-the-top (OTT) video devices- including STB units • When applicable, any Customer request for the installation of each NEW Cat 5/6 cable/outlet to an additional location/device will be invoiced separately (see CFC-3005) • When applicable, any Customer request for the activation of each EXISTING Cat5/6 cable/outlet to an additional location/device will be invoiced separately (see CFC-3006) Add Voice Service to Premise Install CFC-3004 per each Includes adding voice service at the time of a Premise Install – Data Service, or upon Activate Data Service at Existing Fiber Address (see CFC-3002) Voice connection includes: • Activation of ALL handsets in a “loop” or radial configuration (considered as one (1) single outlet) • Dial tone and ringer checked on all handsets along with placing and receiving phone calls on all active phone jacks • If applicable, test fax sent • If required, installation of Universal Power Source will be invoiced separately (see CFC- 3018) • When applicable, any Customer request for the installation of each NEW voice line/outlet to other location(s) will be invoiced separately (see CFC-3005) RFP 9934 Connexion Premise Installation Services Additional Residential Outlet – Install New Outlet CFC-3005 per each Includes the installation of one (1) NEW outlet for data or video or voice at the time of an install, reactivation, or change order. When applicable, includes: • If applicable, installing NEW data outlet to customer’s preferred location/device • If applicable, installing NEW video outlet to customer’s preferred location/device • If applicable, installing NEW voice outlet to customer’s preferred location which includes the testing of handset • Wall plates, connectors, and testing of service - Connectors on all cabling will be installed or replaced as necessary • Provisioning and Customer Education on all installed devices • When applicable, a Customer request for any additional wallfish beyond one (1) will be invoiced separately (see CFC-3010) Additional Residential Outlet – Activate Existing Outlet CFC-3006 per each Includes the activation of one (1) EXISTING outlet for data or video or voice at the time of an install, reactivation, or change order. When applicable, includes: • If applicable, activating EXISTING data outlet at customer’s pre-existing location • If applicable, activating EXISTING video outlet at customer’s pre-existing location • If applicable, activating EXISTING voice outlet at customer’s pre-existing location which includes the testing of handset • Wall plates, connectors, and testing of service - connectors on all cabling will be replaced as necessary • Provisioning and Customer Education on all installed devices Residential Advanced Wi-Fi or Streaming Device – Setup and Activation CFC-3007 per each Includes the setup and activation of EACH advanced Wi-Fi or streaming device during initial install defined as a device that typically requires more in-depth programming including but not limited to a wireless printer, Wi-Fi Camera, Thermostat, Lighting, Smart Home Hub, beacon or set top box. When applicable, includes: • Download applicable device application • Assist customer in setting up an account • Assist customer in registering device • Sync device to Wi-Fi • Log-in to app and check for updates • Test the device with customer • For set top boxes, ensure that the customer is able to operate all normal TV functions themselves. • Does not include mounting and installing customer-owned devices RFP 9934 Connexion Premise Installation Services Residential Premise Wallfish CFC-3010 per each Includes the vertical placement of any cable type in an existing wall, by means of entry through a top plate, and exit through a finished wall plate. Multiple cables fished through the same wall will be charged once for every (3) cables. NOTE: Wallfish from bottom plate up to wall plate (18”) will be considered “standard” with no additional charges Add Video Service to Existing Customer CFC-3014 per each Includes adding video service to an existing customer on a separate trip- as a change order. Video connection includes: • Install, download and activate video service app on up to two (2) over-the-top (OTT) video devices- including STB units • When applicable, any Customer request for the installation of each NEW Cat 5/6 cable/outlet to an additional location/device will be invoiced separately (see CFC-3005) • When applicable, any Customer request for the activation of each EXISTING Cat5/6 cable/outlet to an additional location/device will be invoiced separately (see CFC-3006) Add Voice Service to Existing Customer CFC-3016 per each Includes adding voice service to an existing customer on a separate trip- as a change order. Voice connection includes: • Activation of ALL handsets in a “loop” or radial configuration (considered as one (1) single outlet) • Dial tone and ringer checked on all handsets along with placing and receiving phone calls on all active phone jacks • If applicable, test fax sent • If required, installation of Universal Power Source will be invoiced separately (see CFC- 3018) • When applicable, any Customer request for the installation of each NEW voice line/outlet to other location(s) will be invoiced separately (see CFC-3005) Residential UPS Install CFC-3018 per each When applicable, includes the installation of an uninterruptible power source to the ONT (internal or external) at the time of a voice install, reconnect, or change order. RFP 9934 Connexion Premise Installation Services Residential Premise Assistance CFC-3020 per hour Hourly rate to perform ad-hoc services at the customer premise as required by customer and as pre-approved by Owner representative. Accompanied by Mobilization Charge if separate trip. Service Trip Charge CFC-3050 per each Applicable when technician doesn’t have proper access to perform scheduled install or when technician arrives at scheduled install and the customer is not at home (wait time of 30 minutes) or when technician is notified in-route or arrives at scheduled install and the customer needs to reschedule. Mobilization fee included. RFP 9934 Connexion Premise Installation Services APPENDIX A EXHIBIT 2.4 INSIDE WIRING C. Commercial Wiring NOTE: Commercial units are applied in any situation where Owner has cataloged a commercial entity as a “Commercial Account” for purposes of monthly subscription charges/fees. Commercial Site Survey CFC-4000 per hour This hourly fee includes on-site building survey for drop/wire schemes, station counts, install planning and coordination/scheduling with business customer to accomplish fiber drop and installation of services with as little downtime as possible. As requested by client, can include OSP survey tasks to determine fiber drop approach to building, necessary construction units, multiple customer service schemes, and network/fiber requirements. OSP survey must be approved by Owner prior to exterior drop work. Commercial Install – Data / Video / Voice Demarcs CFC-4001 per each Includes: • Best Practice Methods for structured cabling in physical routing, screws and/or anchors, and wraps • Routing/sealing indoor fiber cable from exterior to building interior • Installation of fiber jack and/or transition wall plate, if required • Installation of fiber jumper to ONT or route and terminate indoor fiber cable within ONT unit • Coordination with NOC to provision data services for ONT • Power up ONT, test for operation, verify and record ONT optical power meter readings at device • Installation of data demark (RJ-45 Surface Mount Jack) • Installation of video demark • Installation of phone demark (66 block) • Installation of phone equipment as needed (voice IAD and power supply) • Run RG-6 coax jumper with compression connectors from the RF output of the ONT and terminate into a ground block RF documentation on low, medium, and high frequencies. Unique efforts requiring more than one hour shall fall under Commercial Assistance All data / video / voice activity occurs on service provider side of demarc Additional Commercial Outlet – Install New Outlet CFC-4004 per each Includes the installation of one (1) NEW outlet for data or video or voice at the time of an install or change order. When applicable, includes: RFP 9934 Connexion Premise Installation Services • If applicable, installing new data outlet to customer’s preferred location • If applicable, activating video outlet at pre-existing location • If applicable, installing new voice outlet to customer’s preferred location which includes the testing of handset • Wall plates, connectors, and testing of service • Provisioning and Customer Education on all installed devices • If a wallfish is required, that will be billed separately from outlet • All data / video / voice activity occurs on service provider side of demarc Additional Commercial Outlet – Activate Existing Outlet CFC-4005 per each Includes the activation of one (1) EXISTING outlet for data or video or voice at the time of an install or change order. When applicable, includes: • If applicable, activating data outlet at pre-existing location • If applicable, activating video outlet at pre-existing location • If applicable, activating voice outlet at pre-existing location which includes the testing of handset • Wall plates, connectors, and testing of service • Provisioning and Customer Education on all installed devices • All data / video / voice activity occurs on service provider side of demarc Commercial Advanced Wi-Fi Device – Setup and Activation CFC-4006 per each Includes the setup and activation of EACH advanced Wi-Fi device during initial install defined as a device that typically requires more in-depth programming including but not limited to a wireless printer, Wi-Fi Camera, Thermostat, Lighting, and Smart Home Hub. When applicable, includes: • Download applicable device application • Assist customer in setting up an account • Assist customer in registering device • Sync device to Wi-Fi • Log-in to app and check for updates • Test the device with customer • Does not include mounting and installing device Commercial Wallfish CFC-4010 per each Includes the vertical placement of any cable type in an existing wall, by means of entry through a top plate, and exit through a finished wall plate. Multiple cables fished through the same wall will be charged once for every (3) cables. NOTE: Wallfish from bottom plate up to wall plate (18”) will be considered “standard” with no additional charges All wallfish activity occurs on the customer’s side of demarc. RFP 9934 Connexion Premise Installation Services Commercial Multi-Box Prep CFC-4011 per each Includes: • For interior or exterior application • Mounting multi-port Splitter/Splice Box • Prep/install bulkhead or splitter cassettes, as required • Dressing and terminating single or multiple fiber entries as required • Record optical power meter readings at Multi-Port Box • Seal box and tag • Splicing will be Invoiced in addition per Splicing Section Commercial Internal UPS Install CFC-4012 per each When applicable, includes the installation of an uninterruptible power source to the ONT at the time of a voice install or change order. Commercial Assistance CFC-4020 per hour Hourly rate to perform ad-hoc services at the demarc as required by Contractor(s), or on customer side of demarc as requested by the subscriber, including but not limited to voice wiring cutover or data wiring cutover from incumbent demarc to the new demarc. Must be pre-approved by Owner representative. Unit will be applied for labor on external or internal Drop Protection such as EMT installation or raceway/Panduit installation. Accompanied by Mobilization Charge if separate trip. Commercial Service Equipment Request CFC-4040 per each Includes collecting and/or delivering equipment from/to customer (per address) as pre-approved by Owner representative on a non-install, non-reconnect, non- change order request. Mobilization fee included. Commercial Service Trip Charge CFC-4050 per each Applicable when technician doesn’t have proper access to perform scheduled install or when technician arrives at scheduled install and the customer is not at home (wait time of 30 minutes) or when technician is notified in-route or arrives at scheduled install and the customer needs to reschedule. Mobilization fee included. RFP 9934 Connexion Premise Installation Services APPENDIX A EXHIBIT 2.5 MDU D. Multi-Dwelling Units NOTE: Multi-Dwelling Unit (MDU) properties, or sets of properties, are treated as independent projects. MDU projects can involve combinations of site survey work, pre-design, design/cost reporting, property owner consultation, clustered splice points, OSP construction and other labor unique to property type and location. MDU wiring services units do not require truck roll/mobilization costs. In the event a specific property requires a high number of conduit and/or direct fiber buries to deliver fiber service, then the Contractor and Owner will negotiate UG rates to accommodate request. MDU Survey & Design CFC-5000 per hour This hourly fee includes a pre-construction survey to determine project cost and design. Includes coordinating design and approval(s) with property owner and/or associations and Client engineering team. Also includes final design for mapping out installations and/or connections. Performed as requested by Owner. MDU Pre-Wire Installation CFC-5002 per each Individual wire management rate including fiber, Ethernet, coaxial, twisted pair, and/or power cables in a specific location for a unit or building that is under new construction (pre-drywall). Can be cabling internal or external to building. Includes pulling, securing, and dressing cabling for terminations. Assumes one (1) hour labor per cable. MDU Pre-Wire Internal Conduit Installation CFC-5003 per each Individual wire management rate including fiber, Ethernet, coaxial, twisted pair, and/or power cables in a specific location for a unit or building that is under new construction (pre-drywall). Specific to interior cabling specified to be ran within conduit where pre- existing conduit is not present. Includes pulling, securing, and dressing cabling and conduit for terminations. Assumes one (1) hour labor per cable. MDU Wallfish CFC-5010 per each Includes the vertical placement of any cable type in an existing wall, by means of entry through a top plate, and exit through a finished wall plate. Multiple cables fished through the same wall will be charged once for every (3) cables. RFP 9934 Connexion Premise Installation Services MDU Multi-Box Prep CFC-5011 per each Includes: • Mounting multi-port Splitter/Splice Box or NID • Prep/install bulkhead or splitter cassettes, as required • Dressing and terminating single or multiple fiber entries as required • Record optical power meter readings at Multi-Port Box • Seal box and tag • Label conduit, cables, or ports with their unit numbers in the Multi-Port Box Splicing will be Invoiced in addition per Splicing Section MDU Post-Wire Installation CFC-5012 per each Includes home run wiring for data, video, and voice (per cable) including fiber, Ethernet, coaxial, twisted pair, and/or power cables in a specific location for previously constructed MDU buildings/units (interior or exterior). Includes pulling, securing, and dressing cabling for terminations. Assumes one (1) hour labor per cable. MDU Post-Wire Internal Conduit Installation CFC-5013 per each Individual wire management rate including fiber, Ethernet, coaxial, twisted pair, and/or power cables in a specific location for an existing unit or structure. Specific to interior cabling specified to be ran within conduit where pre-existing conduit is not present. Includes pulling, securing, and dressing cabling and conduit for terminations. Assumes one (1) hour labor per cable. MDU Trim Outs CFC-5015 per each Includes: • Termination and testing of pre-wire outlets • Installation of necessary keystone jacks, wall plates, or biscuit boxes as required • Contractor shall provide Uni-Directional OTDR readings with a minimum 100 ft launch reel from the wallplate connector pointing upstream showing that splices have not more than 0.75 dB of light loss at the wallplate (0.5 dB for the connecter and 0.25 dB for the splice in a merged event) MDU Custom Service CFC-5020 per hour This work will be invoiced per man / per hour, including but not limited to; • Testing/tagging of all cabling after routing • Additional labor on wiring past one standard hour • Cable routing to central termination point or cabinet RFP 9934 Connexion Premise Installation Services • Installation of drop protection or concealment materials • Miscellaneous MDU service tasks requiring hourly labor RFP 9934 Connexion Premise Installation Services APPENDIX A EXHIBIT 2.6 SERVICE & MAINTENANCE E. Hourly Services NOTE: Service & Maintenance hourly units serve to provide broad troubleshooting tasks as requested by Owner, and also serves as the primary per-hour rate for agreed “hourly only” billing/invoicing. Hourly services can also include agreed Service Calls, Field Surveys, and required customer consultations. Mobilization costs are included in all hourly units. Service & Maintenance Field Technicians – Standard Hours / Standard Truck CFC-6001 per hour When applicable, includes: • Service and Maintenance requests for Standard Technician / Standard Vehicle for required service and/or maintenance for any fiber issue resolution (per person / per hour). • Defined as standard hours Monday – Friday (7:00AM to 6:00PM) Service & Maintenance Field Technicians – Non-Standard Hours / Standard Truck CFC-6011 per hour When applicable, includes: • Service and Maintenance requests for Standard Technician / Standard Vehicle for required service and/or maintenance for any fiber issue resolution (per person / per hour). • Defined as non-standard hours which is after 6:00PM on weekdays, ALL weekend hours, and ALL holiday hours RFP 9934 Connexion Premise Installation Services APPENDIX A EXHIBIT 2.7 PROFESSIONAL SERVICES F. Professional Services NOTE: Full service provision of local management team for complete oversight and responsibility for agreed scope of work with additional value functions for material inventory administration and key front office data functions. Features an offsite operations center for warehousing and office space Project Management CFC-7000 per week Contractor will provide a single point of contact for Owner. A local professional Management Team(s) will provide instant access for Owner and will act in a position of authority with Contractor personnel and subcontractors. Management Teams incorporate combinations of professional Project Managers, Project Foremen, and Lead Technicians of various compositions. The management team is authorized to act on behalf of the Contractor in capacities of all field operations, installations, and material management in the system. The management team will build, reconcile, and deliver all invoices to a single point of Owner contact. The Management Team has authority to act on behalf of the Contractor in all “soft negotiations” and meetings with Owner pertaining to professional execution of service contract and billing Exhibits. Final negotiations regarding rates, task descriptions or major changes in daily operations will be fully supported by a member of the corporate staff who will liaison with the local Management Team. Contractor Management Teams will reflect the highest level of team building and customer satisfaction with the Owner. Material Management / Warehousing CFC-7002 per hour Includes professional material / inventory functions on behalf of Owner. Limited to standard 40-hour workweek. Core functions include: • Internal database management system for all incoming and outgoing inventory • Daily material distribution and technician usage records • Customized detailed reports to Owner on consumption, shelving, in-plant capital and other necessary data points • Secured warehouse and warehouse equipment, plus staffing • Material stocking system and pick up • Procurement (as requested) • Audit reporting (as necessary) • Coordination with Owner’s material vendor or warehouse • Material waste management RFP 9934 Connexion Premise Installation Services Office/Data Service Representative CFC-7003 per hour Includes professional Customer Service / Database Representative functions on behalf of Owner. Both parties will agree upon the total number of representatives before hiring. Limited to standard 40-hour workweek. Core functions include: • Routing and distributing work/service orders by technician/certification for maximum efficiency- basic management of Owner work order processes • Maintain Owner-required installation/service work order data input to Owner fiber management system • Management/routing of Service Calls, Field Surveys, and Consultations • Submitting locate tickets and confirming locate completions for UG • Daily/hourly dispatch issues and data entry on completed work/service orders (all service work dated/timed) • Re-routing technicians for assists and emergencies and coordinate with any customer appointment conflicts • Coordinate subscriber/customer contacts and provide key daily customer calls for maximum customer service • Daily processing of completed work orders into billing systems and preparation/delivery of Owner-requested back-up documents for billing history and auditing • Manage weekly invoicing/billing cycle and research all billing questions • Maintain tracking on all Trouble Tickets and issue reports, integrating into required software/tracking systems • Reporting and research provision on behalf of Owner Services Agreement – Work Order Type RFP 9934 Connexion Premise Installation Services APPENDIX A EXHIBIT 2.8 MATERIALS/EQUIPMENT G. Procurement & Reimbursement NOTE: This section applies to materials required to successfully complete work orders to specification that are not either (a) furnished by Owner, or (b) not standard to common consumable materials as included in unit rates. Examples would include such materials as asphalt fill, concrete replacement, fire caulk, backhoe rental, scissor lift rental, replacement sod, etc. Reimbursable Materials CFC-8000 cost + 10% When applicable, includes COST+ (10%) for materials not provided by Owner. Reimbursable Equipment / Tool Rental CFC-8005 cost + 10% When applicable, includes COST+ (10%) for additional equipment/tool rental as dictated by work order(s). Services Agreement – Work Order Type RFP 9934 Connexion Premise Installation Services Section VII – Sample Agreement SERVICES AGREEMENT WORK ORDER TYPE THIS AGREEMENT made and entered into the day and year set forth below, by and between THE CITY OF FORT COLLINS, COLORADO, a Municipal Corporation, hereinafter referred to as the "City" and _________________ hereinafter referred to as "Contractor". WITNESSETH: In consideration of the mutual covenants and obligations herein expressed, it is agreed by and between the parties hereto as follows: 1. Services to be Performed. a. This Agreement shall constitute the basic agreement between the parties for 9934 Connexion Premise Installation Services. The conditions set forth herein shall apply to all services performed by the Contractor on behalf of the City and particularly described in Work Orders agreed upon in writing by the parties from time to time. Such Work Orders, samples of which are attached hereto as Exhibit A & B, consisting of two (2) and ninety-one (91) pages and incorporated herein by this reference, shall include a description of the services to be performed, the location and time for performance, the amount of payment, any materials to be supplied by the City and any other special circumstances relating to the performance of services. A general scope of services is attached hereto as Exhibit C, consisting of five (5) pages, and incorporated herein by this reference. The only services authorized under this Agreement are those which are performed after receipt of such Work Order, except in emergency circumstances where oral work requests may be issued. Oral requests for emergency actions will be confirmed by issuance of a written Work Order within two (2) working days. Irrespective of references in Exhibit A & B to certain named third parties, Contractor shall be solely responsible for performance of all duties hereunder. b. The City may, at any time during the term of a particular Work Order and without invalidating such Work Order, make changes to the scope of the particular services. Such changes shall be agreed upon in writing by the parties by Change Order, a sample of which is attached hereto as Exhibit B Section 00950, consisting of one (1) page, and incorporated herein by this reference. 2. Changes in the Work. The City reserves the right to independently bid any services rather than issuing work to the Contractor pursuant to this Agreement. Nothing within this Agreement shall obligate the City to have any particular service performed by the Contractor. Services Agreement – Work Order Type RFP 9934 Connexion Premise Installation Services 3. Time of Commencement and Completion of Services. The services to be performed pursuant to this Agreement shall be initiated as specified by each written Work Order or oral emergency service request. Oral emergency service requests will be acted upon without waiting for a written Work Order. Time is of the essence. 4. Contract Period. This Agreement shall commence May 1, 2024 and shall continue in full force and effect until June 30, 2025, unless sooner terminated as herein provided. 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. Renewals and pricing changes shall be negotiated by and agreed to by both parties only at the time of renewal. Written notice of renewal shall be provided to the Contractor and mailed no later than thirty (30) days prior to contract end. 5. Delay. If either party is prevented in whole or in part from performing its obligations by unforeseeable causes beyond its reasonable control and without is fault or negligence, then the party so prevented shall be excused from whatever performance is prevented by such cause. To the extent that the performance is actually prevented, the Contractor must provide written notice to the City of such condition within ten (10) days from the onset of such condition. 6. Early Termination by City/Notices. Notwithstanding the time periods contained herein, the City may terminate this Agreement at any time without cause by providing written notice of termination to the Contractor. Such notice shall be mailed at least ten (10) 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 immediately when emailed or three business days from the date of the notice when mailed to the following addresses: Contractor: City: Copy to: City of Fort Collins Attn: PO Box 580 Fort Collins, CO 80522 City of Fort Collins Attn: Purchasing Dept. PO Box 580 Fort Collins, CO 80522 purchasing@fcgov.com In the event of early termination by the City, the Contractor shall be paid for services rendered to the date of termination, subject only to the satisfactory performance of the Contractor's obligations under this Agreement. Contractor shall submit a final invoice within ten (10) days of the effective date of termination. Undisputed invoices shall be paid Net 30 days of the date of the invoice. Such payment shall be the Contractor's sole right and remedy for such termination. Services Agreement – Work Order Type RFP 9934 Connexion Premise Installation Services 7. Contract Sum. This is an open-end indefinite quantity Agreement with no fixed price. The actual amount of work to be performed will be stated on the individual Work Orders. The City makes no guarantee as to the number of Work Orders that may be issued or the actual amount of services which will in fact be requested. 8. Payments. a. The City agrees to pay and the Contractor agrees to accept as full payment for all work done and all materials furnished and for all costs and expenses incurred in performance of the work the sums set forth for the hourly labor rate and material costs, with markups, stated within the Bid Schedule, attached hereto as Exhibit D, consisting of three (3) pages, and incorporated herein by this reference. b. Invoices shall be emailed to invoices@fcgov.com with a copy to the Project Manager. The cost of the work completed shall be paid to the Contractor following the submittal of a correct itemized invoice by the Contractor. Payment shall be made by the City only upon acceptance of the work by the City and upon the Contractor furnishing satisfactory evidence of payment of all wages, taxes, supplies and materials, and other costs incurred in connection with the performance of such work. The City is exempt from sales and use tax. The City’s Certificate of Exemption license number is 09804502. A copy of the license is available upon written request. The City pays invoices on Net 30 days from the date of the invoice. 9. Appropriation. To the extent this Agreement or any provision in it constitutes a multiple fiscal year debt or financial obligation of the City, it shall be subject to annual appropriation by City Council as required in Article V, Section 8(b) of the City Charter, City Code Section 8-186, and Article X, Section 20 of the Colorado Constitution. The City shall have no obligation to continue this Agreement in any fiscal year for which no such supporting appropriation has been made. 10. Liquidated Damages. OWNER and CONTRCTOR 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 the Work Order, plus any extensions thereof allowed in accordance with Article 12 of the General conditions. They also recognize the delays, expenses and difficulties involved in proving in a legal proceeding the actual loss suffered by OWNER if the Work is not completed on time. Accordingly, instead of requiring any such proof, OWNER and CONTRACTOR agree that as liquidated damages for delay (but not as penalty) CONTRACTOR shall pay OWNER the amount set forth in each Work Order. 11. City Representative. The City's representative will be shown on the specific Work Order and 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 the City Representative. Services Agreement – Work Order Type RFP 9934 Connexion Premise Installation Services 12. Independent Contractor. It is agreed that in the performance of any services hereunder, the Contractor is an independent contractor responsible to the City 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 the City. 13. Subcontractors/subconsultants. Contractor may not subcontract any of the Work set forth in the subsequent Work Orders without the prior written consent of the city, which shall not be unreasonably withheld. If any of the Work is subcontracted hereunder (with the consent of the City), then the following provisions shall apply: (a) the subcontractor/subconsultant must be a reputable, qualified firm with an established record of successful performance in its respective trade performing identical or substantially similar work, (b) the subcontractor/subconsultant will be required to comply with all applicable terms of this Agreement, (c) the subcontract will not create any contractual relationship between any such subcontractor/subconsultant and the City, nor will it obligate the City to pay or see to the payment of any subcontractor/subconsultant, and (d) the work of the subcontractor/subconsultant will be subject to inspection by the City to the same extent as the work of the Contractor. 14. Personal Services. It is understood that the City enters into the Agreement based on the special abilities of the Contractor and that this Agreement shall be considered as an agreement for personal services. Accordingly, the Contractor shall neither assign any responsibilities nor delegate any duties arising under the Agreement without the prior written consent of the city. 15. Acceptance Not Waiver. The City's approval or acceptance of, or payment for any of the services 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. 16. Warranty. a. Contractor warrants that all work performed hereunder shall be performed with the highest degree of competence and care in accordance with accepted standards for work of a similar nature. b. Unless otherwise provided in the Agreement, all materials and equipment incorporated into any work shall be new and, where not specified, of the most suitable grade of their respective kinds for their intended use, and all workmanship shall be acceptable to City. c. Contractor warrants all equipment, materials, labor and other work, provided under this Agreement, except City-furnished materials, equipment and labor, against defects and nonconformances in design, materials and workmanship/workwomanship for a period beginning with the start of the work and ending twenty-four (24) months from and after final acceptance under the Work Order, regardless whether the same were furnished or performed by Contractor or by any of its subcontractors/subconsultants of any tier. Upon receipt of written notice from City of any such defect or nonconformances, the affected item or part thereof shall be redesigned, repaired, or replaced by Contractor in a manner Services Agreement – Work Order Type RFP 9934 Connexion Premise Installation Services and at a time acceptable to City. 17. 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. 18. 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 damages; (b) treat the Agreement as continuing and require specific performance; or (c) avail themselves 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. 19. Entire Agreement; Binding Effect; Order of Precedence; Authority to Execute. This Agreement, along with all Exhibits and other documents incorporated herein, shall constitute the entire Agreement of the parties regarding this transaction and shall be binding upon said parties, their officers, employees, agents and assigns and shall inure to the benefit of the respective survivors, heirs, personal representatives, successors and assigns of said parties. Covenants or representations not contained in this Agreement shall not be binding on the parties. In the event of a conflict between terms of the Agreement and any exhibit or attachment, the terms of the Agreement shall prevail. Each person executing this Agreement affirms that they have the necessary authority to sign on behalf of their respective party and to bind such party to the terms of this Agreement. 20. Indemnity/Insurance. a. The Contractor agrees to indemnify and save harmless the City, its officers, agents and employees against and from any and all actions, suits, claims, demands or liability of any character whatsoever, brought or asserted for injuries to or death of any person or persons, or damages to property arising out of, result from or occurring in connection with the performance of any service hereunder. b. The Contractor shall take all necessary precautions in performing the work hereunder to prevent injury to persons and property. c. Without limiting any of the Contractor's obligations hereunder, the Contractor shall provide and maintain insurance coverage naming the City as an additional insured under this Agreement of the type and with the limits specified within Exhibit B Sectio n 00630, consisting of one (1) page, attached hereto, and incorporated herein by this reference. The Contractor before commencing services hereunder shall deliver to the City's Purchasing Director, purchasing@fcgov.com, P. O. Box 580, Fort Collins, Colorado 80522 one copy of a certificate evidencing the insurance coverage required from an insurance company acceptable to the city. Services Agreement – Work Order Type RFP 9934 Connexion Premise Installation Services 21. Law/Severability. The laws of the State of Colorado shall govern the construction, interpretation, execution, and enforcement of this Agreement. The Parties further agree that Larimer County District Court is the proper venue for all disputes. If the City subsequently agrees in writing that the matter may be heard in federal court, venue will be in Denver District Court. 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. 22. Governmental Immunity Act. No term or condition of this Agreement shall be construed or interpreted as a waiver, express or implied, of any of the notices, requirements, immunities, rights, benefits, protections, limitations of liability, and other provisions of the Colorado Governmental Immunity Act, C.R.S. § 24-10-101 et seq. and under any other applicable law. 23. Prohibition Against Unlawful Discrimination. The City of Fort Collins, in accordance with the provisions of Title VI of the Civil Rights Act of 1964 (78 Stat. 252, 42 US.C. §§ 2000d to 2000d-4) and the Regulations, hereby notifies all Bidders that it will affirmatively ensure that any contract entered into pursuant to this advertisement, disadvantaged business enterprises will be afforded full and fair opportunity to submit bids in response to this invitation and will not be discriminated against on the grounds of race, color, or national origin in consideration for an award. The City strictly prohibits unlawful discrimination based on an individual’s gender (regardless of gender identity or gender expression), race, color, religion, creed, national origin, ancestry, age 40 years or older, marital status, disability, sexual orientation, genetic information, or other characteristics protected by law. For the purpose of this policy “sexual orientation” means a person’s actual or perceived orientation toward heterosexuality, homosexuality, and bisexuality. The City also strictly prohibits unlawful harassment in the workplace, including sexual harassment. Further, the City strictly prohibits unlawful retaliation against a person who engages in protected activity. Protected activity includes an employee complaining that he or she has been discriminated against in violation of the above policy or participating in an employment discrimination proceeding. The City requires its vendors to comply with the City’s policy for equal employment opportunity and to prohibit unlawful discrimination, harassment, and retaliation. This requirement applies to all third-party vendors and their subcontractors/subconsultants at every tier. 24. Dust Control. The Contractor shall abide by the City of Fort Collins “Dust Control and Prevention Manual,” which is available for public download at https://www.fcgov.com/airquality/pdf/dust-prevention-and-control-manual.pdf, and is incorporated herein by this reference. The City of Fort Collins has implemented this manual for all projects performed for the City of Fort Collins or located within the City of Fort Collins City limits. Services Agreement – Work Order Type RFP 9934 Connexion Premise Installation Services 25. Colorado Open Records Act. The City is subject to Sec. 24-72-201 et seq. of the Colorado Revised Statute (CORA). This Agreement is subject to public disclosure in whole pursuant to CORA. 26. Special Provisions. Special provisions or conditions relating to the services to be performed pursuant to this Agreement are set forth in Exhibit E – Addenda 1 thru 3, consisting of ten (10) pages, Exhibit F - Confidentiality, consisting of one (1) page(s), and Exhibit B, Section 00700 General Conditions consisting of fifty-three (53) pages. THE CITY OF FORT COLLINS, COLORADO By: Gerry Paul Purchasing Director Date: ATTEST: APPROVED AS TO FORM: By: Printed: Title: Date: Services Agreement – Work Order Type RFP 9934 Connexion Premise Installation Services EXHIBIT A WORK ORDER FORM (Short form) PURSUANT TO A MASTER AGREEMENT BETWEEN THE CITY OF FORT COLLINS AND WORK ORDER NUMBER: PM's Tracking # PROJECT TITLE: ORIGINAL BID/RFP NUMBER & NAME: _________________ MASTER AGREEMENT EFFECTIVE DATE: ________________ WORK ORDER COMMENCEMENT DATE: WORK ORDER COMPLETION DATE: MAXIMUM FEE: (time and reimbursable direct costs): PROJECT DESCRIPTION/SCOPE OF SERVICES: Contractor agrees to perform the services identified above and on the attached forms in accordance with the terms and conditions contained herein and in the Master Agreement between the parties. In the event of a conflict between or ambiguity in the terms of the Master Agreement and this Work Order (including the attached forms) the Master Agreement shall control. The attached forms consisting of ( ) pages are hereby accepted and incorporated herein, by this reference, and Notice to Proceed is hereby given after all parties have signed this document. CONTRACTOR: Date: ACCEPTANCE: Date: REVIEWED: Date: ACCEPTANCE: Date: Gerry Paul, Purchasing Director (if greater than $60,000) Services Agreement – Work Order Type RFP 9934 Connexion Premise Installation Services EXHIBIT B WORK ORDER FORM (Construction over $100,000) CONSTRUCTION WORK ORDER FOR 9934 CONNEXION PREMISE INSTALLATION SERVICES WORK ORDER NO. TITLED (WORK ORDER TITLE) DATE: CONTRACTOR: _________________ Services Agreement – Work Order Type RFP 9934 Connexion Premise Installation Services TABLE OF CONTENTS AGREEMENT FORMS 00525 Work Order & Notice of Award 00530 Work Order Notice to Proceed 00600 Bonds and Certificates 00610 Performance Bond 00615 Payment Bond 00630 Certificate of Insurance 00635 Certificate of Substantial Completion 00640 Certificate of Final Acceptance 00650 Lien Waiver Release (CONTRACTOR) 00660 Consent of Surety 00670 Application for Exemption Certificate CONDITIONS OF THE CONTRACT 00700 General Conditions Exhibit GC-A GC-A1 - GC-A2 00800 Supplementary Conditions 00900 Addenda, Modifications and Payment 00950 Work Order Change Order Form 00960 Application for Payment Services Agreement – Work Order Type RFP 9934 Connexion Premise Installation Services SECTION 00500 CONSTRUCTION WORK ORDER AGREEMENT FORMS 00525 Work Order, Notice of Award & Bid Schedule 00530 Work Order Notice to Proceed Services Agreement – Work Order Type RFP 9934 Connexion Premise Installation Services SECTION 00525 WORK ORDER, NOTICE OF AWARD AND BID SCHEDULE TO (CONTRACTOR): __________________________ WORK ORDER # & TITLE: PURCHASE ORDER: ORIGINAL BID/RFP # & TITLE: __________________________ OWNER’S REPRESENTATIVE: __________________ NOTICE OF AWARD DATE: OWNER: City of Fort Collins (hereinafter referred to as OWNER) 1. WORK. You are hereby notified that your bid dated , for the above Work Order has been considered. Pursuant to your AGREEMENT with OWNER dated _________, you have been awarded a Work Order for this Work Order Description: A. See Section 01100 – Summary of Work. 2. CONTRACT PRICE, BONDS AND CERTIFICATES. The price of your Work Order is ($ ). 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 date for Substantial Completion of this Work Order is , and after Substantial Completion, the date for Final Completion is . 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: ($ ) for each calendar day or fraction thereof that expires after until the work is Substantially Complete. 2. Final Acceptance: After Substantial Completion ($ ) for each calendar day or fraction thereof that expires after the period for Final Payment and Acceptance until the Work is ready for Final Payment and Acceptance. 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 Services Agreement – Work Order Type RFP 9934 Connexion Premise Installation Services of the Contract Price on the basis of CONTRACTOR's Application for Payment as recommended by ENGINEER, once each month during construction as provided below. All progress payments will be on the basis of the progress of the Work measured by the schedule of values established in paragraph 2.6 of the General Conditions and in the case of Unit Price Work based on the number of units completed, and in accordance with the General Requirements concerning Unit Price Work. 5.1.1 Prior to Substantial Completion, 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 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 00960. 5.1.2 Upon Substantial Completion 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. 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 Services Agreement – Work Order Type RFP 9934 Connexion Premise Installation Services affect the cost, progress, performance or furnishing of the Work as CONTRACTOR considers necessary for the performance or furnishing of the Work at the Contract Price, within the Contract Times and in accordance with the other terms and conditions of the Contract Documents, including specifically the provisions of paragraph 4.2 of the General Conditions; and no additional examinations, investigations, explorations, tests, reports, studies or similar information or data are or will be required by CONTRACTOR for such purposes. 6.4 CONTRACTOR has reviewed and checked all information and data shown or indicated on the Contract Documents with respect to existing Underground Facilities at or contiguous to the site and assumes responsibility for the accurate location of said Underground Facilities. No additional examinations, investigations, explorations, tests, reports, studies or similar information or data in respect of said Underground Facilities are or will be required by CONTRACTOR in order to perform and furnish the Work at the Contract Price, within the Contract Times and in accordance with the other terms and 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. 7. CONTRACT DOCUMENTS. 7.1 The Contract Documents which comprise the entire Agreement between OWNER and CONTRACTOR concerning the Work consist of the General Conditions, Supplementary Conditions, those items included in the definition of “Contract Documents” in Article 1.10 of the General Conditions, and such other items as are referenced in this Article 7, all of which are incorporated herein by this reference. 7.2 Forms for use by CONTRACTOR in performing the Work and related actions in carrying out the terms of this Agreement are deemed Contract Documents and incorporated herein by this reference, and include, but are not limited to, the following: 7.2.1 Certificate of Substantial Completion 7.2.2 Certificate of Final Acceptance 7.2.3 Lien Waiver Releases 7.2.4 Consent of Surety 7.2.5 Application for Exemption Certificate 7.2.6 Application for Payment 7.3 Drawings, consisting of a cover sheet and sheets numbered as follows: The Contract Drawings shall be stamped "Final for Construction" and dated. Any revisions made shall be clearly identified and dated. Services Agreement – Work Order Type RFP 9934 Connexion Premise Installation Services 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. 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. 8. MISCELLANEOUS 8.1. Terms used in this Agreement which are defined in Article I of the General Conditions shall have the meanings indicated in the General Conditions. 8.2. No assignment by a party hereto of any rights under or interests in the Contract Documents will be binding on another party hereto without the written consent of the party sought to be bound; and specifically but not without limitations, moneys that may become due and moneys that are due may not be assigned without such consent (except to the extent that the effect of this restriction may be limited by law), and unless specifically stated to the contrary in any written consent to an assignment no assignment will release or discharge that assignor from any duty or responsibility under the Contract Document. 8.3. OWNER and CONTRACTOR each binds itself, its partners, successors, assigns and legal representatives to the other party hereto, its partners, successors, assigns and legal representatives in respect to all covenants, Agreement and obligations contained in the Contract Document. 9. 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. Three (3) 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 . A. You must deliver to OWNER three (3) fully-executed counterparts of this Work Order, including all amendments or supplements to the Contract Documents incorporated herein. Each Work Order must bear your signature as provided. B. You must deliver with the executed Work Order the Contract Security (Bonds) and insurance, as specified in the Agreement, this Work Order, the General Conditions (Article 5.1) and the Supplementary Conditions. Failure to comply with these conditions within the time specified will entitle OWNER to consider your Bid abandoned and to annul this Work Order & Notice of Award. Within ten (10) days after you comply with those conditions, OWNER will return to you one (1) fully-signed counterpart of this Work Order with any amendments or supplements to the Contract Documents attached. CONTRACTOR’S NOTICE OF AWARD REPRESENTATION & EXECUTION: Services Agreement – Work Order Type RFP 9934 Connexion Premise Installation Services CONTRACTOR agrees to perform the services identified above, in accordance with the terms and conditions contained herein and in the AGREEMENT dated , and the NOTICE OF AWARD dated , between the parties. In the event of a conflict between or ambiguity in the terms of the AGREEMENT or specific Work Orders, the AGREEMENT shall control. CONTRACTOR: By: Date: Name: Title: Services Agreement – Work Order Type RFP 9934 Connexion Premise Installation Services 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: Date: _____ Mike Knox, Projects Manager OWNER: CITY OF FORT COLLINS ACCEPTANCE: ___________________________________________ Date: __________ Kelly DiMartino, 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: __________ Services Agreement – Work Order Type RFP 9934 Connexion Premise Installation Services BID SCHEDULE Services Agreement – Work Order Type RFP 9934 Connexion Premise Installation Services SECTION 00530 WORK ORDER NOTICE TO PROCEED NOTICE TO PROCEED DATE: WORK ORDER TITLE: WORK ORDER NUMBER: ORIGINAL BID/RFP # & TITLE: ________________________ TO: 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 , and , 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 ___________, _____. ____________________ (CONTRACTOR) By: ___________________________________________ ___________________________________________ Name & Title Services Agreement – Work Order Type RFP 9934 Connexion Premise Installation Services 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 Services Agreement – Work Order Type RFP 9934 Connexion Premise Installation Services SECTION 00610 PERFORMANCE BOND Bond No __ KNOW ALL MEN BY THESE PRESENTS: that (Firm) (Address) (an Individual), (a Partnership), (a Corporation), hereinafter referred to as the "Principal" and (Firm) (Address) hereinafter referred to as "the Surety", are held and firmly bound unto City of Fort Collins, 300 LaPorte Ave, Fort Collins, Colorado 80522 a (Municipal Corporation) hereinafter referred to as the "OWNER", in the penal sum of ($ ) in lawful money of the United States, for the payment of which sum well and truly to be made, we bind ourselves, successors and assigns, jointly and severally, firmly by these presents. THE CONDITIONS OF THIS OBLIGATION are such that whereas the Principal entered into a certain Agreement with the OWNER, dated the ____ day of ____, 2024, for 9934 Connexion Premise Installation Services a copy of which is hereto attached and made a part hereof, for the performance of The City of Fort Collins Work Order, titled , Work Order Number , dated the day of , , 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. Services Agreement – Work Order Type RFP 9934 Connexion Premise Installation Services 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. Services Agreement – Work Order Type RFP 9934 Connexion Premise Installation Services SECTION 00615 PAYMENT BOND Bond No __ KNOW ALL MEN BY THESE PRESENTS: that (Firm) (Address) (an Individual), (a Partnership), (a Corporation), hereinafter referred to as the "Principal" and (Firm) (Address) hereinafter referred to as "the Surety", are held and firmly bound unto City of Fort Collins, 300 LaPorte Ave, Fort Collins, Colorado 80522 a (Municipal Corporation) hereinafter referred to as the "OWNER", in the penal sum of ($ ) in lawful money of the United States, for the payment of which sum well and truly to be made, we bind ourselves, successors and assigns, jointly and severally, firmly by these presents. THE CONDITIONS OF THIS OBLIGATION are such that whereas the Principal entered into a certain Agreement with the OWNER, dated the ____ day of ______, 2024, for 9934 Connexion Premise Installation Services a copy of which is hereto attached and made a part hereof, for the performance of The City of Fort Collins Work Order, titled , Work Order Number , dated the day of , , 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. Services Agreement – Work Order Type RFP 9934 Connexion Premise Installation Services 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. Services Agreement – Work Order Type RFP 9934 Connexion Premise Installation Services 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. Services Agreement – Work Order Type RFP 9934 Connexion Premise Installation Services Page 26 of 159 SECTION 00635 CERTIFICATE OF SUBSTANTIAL COMPLETION TO: CITY OF FORT COLLINS (OWNER) WORK ORDER # & TITLE: DATE OF SUBSTANTIAL COMPLETION: ORIGINAL BID/RFP # & TITLE: __________________________ PROJECT OR SPECIFIED PART SHALL LOCATION: Fort Collins, Colorado INCLUDE: OWNER: City of Fort Collins CONTRACTOR: ___________________ WORK ORDER DATE: 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 decla red 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: _________________________________________________________________ ____________________________________________________________________________ ____________________________________________________________________________ Services Agreement – Work Order Type RFP 9934 Connexion Premise Installation Services Page 27 of 159 SECTION 00640 CERTIFICATE OF FINAL ACCEPTANCE DATE: ________________, _____ TO: ___________________________ 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 , Work Order Number under _______________________. 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 ____________________. 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 Services Agreement – Work Order Type RFP 9934 Connexion Premise Installation Services Page 28 of 159 SECTION 00650 LIEN WAIVER RELEASE (CONTRACTOR) TO: City of Fort Collins, Colorado (OWNER) FROM: _________________________ (CONTRACTOR) WORK ORDER TITLE: WORK ORDER NUMBER: ORIGINAL BID/RFP # & 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 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 OWNER, the lender, if any, and Surety on any labor and material Services Agreement – Work Order Type RFP 9934 Connexion Premise Installation Services Page 29 of 159 bonds for the project. Signed this ______ day of __________, ___. CONTRACTOR: 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 Services Agreement – Work Order Type RFP 9934 Connexion Premise Installation Services Page 30 of 159 SECTION 00660 CONSENT OF SURETY TO: City of Fort Collins, Colorado (hereinafter referred to as the "OWNER") CONTRACTOR: _____________________ WORK ORDER # & TITLE: ORIGINAL BID/RFP # & TITLE: _____________________ CONTRACT DATE: _______________ WORK ORDER DATE: 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 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. SECTION 00670 APPLICATION FOR EXEMPTION CERTIFICATE SECTION 00700 GENERAL CONDITIONS SECTION 00800 SUPPLEMENTARY CONDITIONS Conditions of the Contract These Supplementary Conditions amend or supplement the General Conditions of the Construction Contract (EJCDC General Conditions 1910-8, 1990 edition, with City of Fort Collins Modifications, 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 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: 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 5.4.7.2. . SC-5.4.8.1. Add the following new paragraph immediately following paragraph 5.4.8 of the General Conditions: 9.4.8.1. 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. 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. SC-11 CHANGE OF CONTRACT PRICE SC-11.6.2.7. 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 CHANGE OF CONTRACT TIMES SC-12.3. Add the following language to the end of paragraph 12.3 of the General Conditions: 12.3. .... Lost days due to abnormal weather conditions will be allocated as required. SC-14 PAYMENTS TO CONTRACTOR AND COMPLETION SC-14.1. Add the following language to the end of paragraph 14.1 of the General Conditions: 14.1. Schedule of Values. .... Progress payments on the fixed fee shall be in proportion to the cumulative actual Cost of the Work as a percentage of the Allowable Cost of the Work. An amount not to exceed fifteen (15%) percent of the fixed fee shall be advanced to the Contractor for mobilization in the first progress payment. SECTION 00900 ADDENDA, MODIFICATIONS AND PAYMENT 00950 Change Order 00960 Application for Payment SECTION 00950 CHANGE ORDER FORM CHANGE ORDER NO. CONTRACTOR: ________________________ WORK ORDER TITLE & NO. : ORIGINAL BID/RFP # & TITLE: _________________________ 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: ____________ ACCEPTED BY: _____________________________________ DATE: ____________ REVIEWED BY: _____________________________________ DATE: ____________ APPROVED BY: _____________________________________ DATE: ____________ (Gerry Paul, Purchasing Director if > $60,000) cc: City Clerk Architect/Engineer Finance Purchasing Project Manager Contractor SECTION 00960 PAYMENT APPLICATION 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: CONTRACT AMOUNTS APPLICATION FOR PAYMENT PAGE 2 OF 4 Work Completed Work Completed Work Completed Stored Bid This Month Previous Periods To Date Materials Total Item This Earned Percent Number Description Quantity Units Unit Price Amount Qty. Amount Qty. Amount Qty. Amount Period To Date Billed $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 CHANGE ORDERS APPLICATION FOR PAYMENT PAGE 3 OF 4 Work Completed Work Completed Work Completed Stored Bid This Month Previous Periods To Date Materials Total Item This Earned Percent Number Description Quantity Units Unit Price Amount Qty. Amount Qty. Amount Qty. Amount Period To Date Billed $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 TOTALS CHANGE ORDERS $0.00 $0.00 $0.00 $0.00 $0.00 PROJECT TOTALS $0.00 $0.00 $0.00 $0.00 $0.00 STORED MATERIALS SUMMARY PAGE 4 OF 4 On Hand Received Installed On Hand Item Invoice Previous This This This Number Number Description Application Period Period Application $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 TOTALS $0.00 $0.00 $0.00 $0.00 EXHIBIT D CONFIDENTIALITY IN CONNECTION WITH THE SERVICES to be provided by PROFESSIONAL under this AGREEMENT, the parties agree to comply with reasonable policies and procedures with regard to the exchange and handling of confidential information and other sensitive materials between the parties, as set forth below. 1. Definitions. For purposes of this AGREEMENT, the party who owns the referenced information and is disclosing same shall be referenced as the “Disclosing Party.” The party receiving the Disclosing Party’s information shall be referenced as the “Receiving Party.” 2. Confidential Information. Confidential Information controlled by this AGREEMENT refers to information that is not public and/or is proprietary, including but not limited to location information, network security system, business plans, formulae, processes, intellectual property, trade secrets, designs, photographs, plans, drawings, schematics, methods, specifications, samples, reports, mechanical and electronic design drawings, customer lists, financial information, studies, findings, inventions, ideas, CITY customer identifiable information (including account, address, billing, consumption, contact, and other customer data), utility metering data, service billing records, customer equipment information. To the extent practical, Confidential Information shall be marked “Confidential” or “Proprietary.” Nevertheless, PROFESSIONAL shall treat as Confidential Information all customer identifiable information in any form, whether or not bearing a mark of confidentiality or otherwise requested by the CITY, including but not limited to the non-exclusive list of Confidential Information above. In the case of disclosure in non-documentary form of non- customer identifiable information, made orally or by visual inspection, the Disclosing Party shall have the right, or, if requested by the Receiving Party, the obligation to confirm in writing the fact and general nature of each disclosure within a reasonable time after it is made in order that it is treated as Confidential Information. Any information disclosed to the other party before the execution of this AGREEMENT and related to the services for which PROFESSIONAL has been engaged shall be considered in the same manner and be subject to the same treatment as the information disclosed after the execution of this AGREEMENT with regard to protecting it as Confidential Information. 3. Use of Confidential Information. Receiving Party hereby agrees that it shall use the Confidential Information solely for the purpose of performing its obligations under this AGREEMENT and not in any way detrimental to Disclosing Party. Receiving Party agrees to use the same degree of care Receiving Party uses with respect to its own proprietary or confidential information, which in any event shall result in a reasonable standard of care to prevent unauthorized use or disclosure of the Confidential Information. Except as otherwise provided herein, Receiving Party shall keep confidential and not disclose the Confidential Information. The CITY and PROFESSIONAL shall cause each of their directors, officers, employees, agents, representatives, and subcontractors to become familiar with, and abide by, the terms of this Exhibit, which shall survive this AGREEMENT as an on-going obligation of the Parties. PROFESSIONAL shall not use such information to obtain any economic or other benefit for itself, or any third party, other than in the performance of obligations under this AGREEMENT. 4. Exclusions from Definition. The term “Confidential Information” as used herein does not include any data or information which is already known to the Receiving Party or which before being divulged by the Disclosing Party: (a) was generally known to the public through no wrongful act of the Receiving Party; (b) has been rightfully received by the Receiving Party from a third party without restriction on disclosure and without, to the knowledge of the Receiving Party, a breach of an obligation of confidentiality; (c) has been approved for release by a written authorization by the other party hereto; or (d) has been disclosed pursuant to a requirement of a governmental agency or by operation of law, subject to Paragraph 5 below. 5. Required Disclosure. Notwithstanding Paragraph 4(d) above, if the Receiving Party receives a request (by interrogatories, requests for information or documents, subpoena, civil investigative demand or similar process, or by federal, state, or local law, including without limitation, the Colorado Open Records Act) to disclose any Confidential Information, the Parties agree the Receiving Party will provide the Disclosing Party with immediate notice of such request, so the Disclosing Party may seek an appropriate protective order before disclosure or waive the Receiving Party’s compliance with this Exhibit. The Receiving Party shall furnish a copy of this Exhibit with any disclosure. Notwithstanding this Paragraph 5, Receiving Party shall not disclose Confidential Information to any person, directly or indirectly, nor use it in any way, except as required by law or authorized in writing by Disclosing Party. 6. Red Flags Rules. If applicable, PROFESSIONAL must implement reasonable policies and procedures to detect, prevent and mitigate the risk of identity theft in compliance with the Identity Theft Red Flags Rules found at 16 Code of Federal Regulations part 681. Further, PROFESSIONAL must take appropriate steps to mitigate identity theft if it occurs with any of the CITY’s covered information and must notify the CITY in writing within twenty-four (24) hours of discovery of any breaches of security or Red Flags to the CITY. 7. Data Protection and Data Security. PROFESSIONAL shall have in place information security safeguards designed to conform to or exceed industry best practices regarding the protection of the confidentiality, integrity and availability of Confidential Information and shall have written agreements requiring any subcontractor to meet those standards. These information security safeguards (the “Information Security Program”) shall be materially consistent with, or more stringent than, the safeguards described in this Exhibit. (a) PROFESSIONAL’s information security safeguards shall address the following elements: • Data Storage, Backups and Disposal • Logical Access Control (e.g., Role-Based) • Information Classification and Handling • Secure Data Transfer (SFTP and Data Transfer Specification) • Secure Web Communications • Network and Security Monitoring • Application Development Security • Application Security Controls and Procedures (User Authentication, Security Controls, and Security Procedures, Policies and Logging) • Incident Response • Vulnerability Assessments • Hosted Services • Personnel Security (b) Subcontractors. PROFESSIONAL may use subcontractors, though such activity shall not release or absolve PROFESSIONAL from the obligation to satisfy all conditions of this AGREEMENT, including the data security measures described in this Exhibit, and to require a substantially similar level of data security, appropriate to the types of services provided and Confidential Information received, for any subcontractor PROFESSIONAL may use. Accordingly, any release of data, confidential information, or failure to protect information under this AGREEMENT by a subcontractor or affiliated party shall be attributed to PROFESSIONAL and may be considered to be a material breach of this AGREEMENT. 8. Information Storage. Confidential Information is not to be stored on any local workstation, laptop, or media such as CD/DVD, USB drives, external hard drives or other similar portable devices unless the PROFESSIONAL can ensure security for the Confidential Information so stored. Workstations or laptops to be used in the Services will be required to have personal firewalls on each, as well as have current, active anti-virus definitions. 9. Continuing Obligation. The agreement not to disclose Confidential Information as set forth in this Exhibit shall apply during the term of the Services and or AGREEMENT and at any time thereafter unless specifically authorized by the CITY in writing. 10. Termination Remedy. If PROFESSIONAL breaches any of the terms of this Exhibit, in the CITY’s sole discretion, the CITY may immediately terminate this AGREEMENT and withdraw PROFESSIONAL’s right to access Confidential Information. 11. Return of Information. Notwithstanding any other provision of this AGREEMENT to provide Project Instruments and work product, all material, i.e., various physical forms of media in which Confidential Information is stored, including but not limited to writings, drawings, tapes, diskettes, prototypes or products, shall remain the sole property of the Disclosing Party and, upon request, shall be promptly returned, together with all copies thereof to the Disclosing Party. Upon return of such materials, all digital and electronic data shall also be deleted in a non-restorable way by which it is no longer available to the Receiving Party. Upon Disclosing Party’s request, written verification of the deletion (including date of deletion) is to be provided to the Disclosing Party within ten (10) days after completion of engagement, whether it be via termination, completion or otherwise. 12. Injunctive Relief. PROFESSIONAL Receiving Party acknowledges that the Disclosing Party may, based upon the representations made in this AGREEMENT, disclose security information that is critical to the continued success of the Discloser’s business. Accordingly, Receiving Party agrees that the Disclosing Party does not have an adequate remedy at law for breach of this AGREEMENT and therefore, the Disclosing Party shall be entitled, as a non- exclusive remedy, and in addition to an action for damages, to seek and obtain an injunction or decree of specific performance or any other remedy, from a court of competent jurisdiction to enjoin or remedy any violation of this AGREEMENT. ATTACHMENT E APPENDIX II: CONTRACT PROVISIONS FOR NON-FEDERAL ENTITY CONTRACTS UNDER FEDERAL AWARDS (A) For a Contract for more than the simplified acquisition threshold ($250,000). Breach. Any breach of the Contract by Contractor shall be governed by the termination and remedies provisions of the Contract. Additionally, in the event that the City incurs damages as a result of Contractor’s breach, the City may pursue recovery of such damages from Contractor, subject to any disclaimers or limitation on liability as set forth in the Contract. The City further retains the right to seek specific performance of the Contract at any time as authorized by law. The City further retains the right to otherwise pursue any remedies available to the City as a result of the Contractor’s breach, including but not limited to administrative, Contractual, or legal remedies, as well as any applicable sanctions and penalties. Remedies for Non-Performance. If Contractor fails to perform any of its obligations under this Contract, the City may, at its sole discretion, exercise one or more of the following remedies, which shall survive expiration or termination of this Contract: a. Suspend Performance: The City may require the Contractor to suspend performance of all or any portion of the Work pending necessary corrective action specified by the City and without entitling Contractor to an increase in compensation or extension of the performance schedule. Contractor must promptly stop performance and incurring costs upon delivery of a notice of suspension by the City. b. Withhold Payment Pending Corrections: The City may permit Contractor to correct any rejected Work at the City ’s discretion. Upon City ’s request, Contractor must correct rejected Work at Contractor’s sole expense within the time frame established by the City. Upon completion of the corrections satisfactory to the City, City will remit payment to Contractor. c. Deny Payment: City may deny payment for any Work that does not comply with the requirements of the Contract or that Contractor otherwise fails to provide or complete, as determined by the City in its sole discretion. Upon City request, Contractor will promptly refund any amounts prepaid by the City with respect to such non-compliant Work. d. Removal: Upon City ’s request, Contractor will remove any of its employees or agents from performance of the Work, if the City, in its sole discretion, deems any such person to be incompetent, careless, unsuitable, or otherwise unacceptable. (B) [Except as otherwise provided under 41 CFR Part 60, all Contracts that meet the definition of “federally assisted construction Contract” in 41 CFR Part 60-1.3] Equal Employment Opportunity. Contractor agrees to comply with the Equal Opportunity Clause provided under 41 CFR 60-1.4(a) (Government Contracts) and 41 CFR 60-1.4(b) (Federal Assisted Construction Contracts), in accordance with Executive Order 11246, “Equal Employment Opportunity” (30 FR 12319, 12935, 3 CFR Part, 1964-1965 Comp., p. 339), as amended by Executive Order 11375, “Amending Executive Order 11246 Relating to Equal Employment Opportunity,” and implementing regulations at 41 CFR part 60, “Office of Federal Contract Compliance Programs, Equal Employment Opportunity, Department of Labor.” Contractor further agrees to include this provision, including the Equal Opportunity Clause or a reference thereto, in any subcontracts it enters into pursuant to the Contract. During the performance of this Contract, the Contractor agrees as follows: (1) The Contractor will not discriminate against any employee or applicant for employment because of race, color, religion, sex, sexual orientation, gender identity, or national origin. The Contractor will take affirmative action to ensure that applicants are employed, and that employees are treated during employment without regard to their race, color, religion, sex, sexual orientation, gender identity, or national origin. Such action shall include, but not be limited to the following: Employment, upgrading, demotion, or transfer; recruitment or recruitment advertising; layoff or termination; rates of pay or other forms of compensation; and selection for training, including apprenticeship. The Contractor agrees to post in conspicuous places, available to employees and applicants for employment, notices to be provided setting forth the provisions of this nondiscrimination clause. (2) The Contractor will, in all solicitations or advertisements for employees placed by or on behalf of the Contractor, state that all qualified applicants will receive consideration for employment without regard to race, color, religion, sex, sexual orientation, gender identity, or national origin. (3) The Contractor will not discharge or in any other manner discriminate against any employee or applicant for employment because such employee or applicant has inquired about, discussed, or disclosed the compensation of the employee or applicant or another employee or applicant. This provision shall not apply to instances in which an employee who has access to the compensation information of other employees or applicants as a part of such employee's essential job functions discloses the compensation of such other employees or applicants to individuals who do not otherwise have access to such information, unless such disclosure is in response to a formal complaint or charge, in furtherance of an investigation, proceeding, hearing, or action, including an investigation conducted by the employer, or is consistent with the Contractor's legal duty to furnish information. (4) The Contractor will send to each labor union or representative of workers with which he has a collective bargaining agreement or other Contract or understanding, a notice to be provided advising the said labor union or workers' representatives of the Contractor's commitments under this section, and shall post copies of the notice in conspicuous places available to employees and applicants for employment. (5) The Contractor will comply with all provisions of Executive Order 11246 of September 24, 1965, and of the rules, regulations, and relevant orders of the Secretary of Labor. (6) The Contractor will furnish all information and reports required by Executive Order 11246 of September 24, 1965, and by rules, regulations, and orders of the Secretary of Labor, or pursuant thereto, and will permit access to his books, records, and accounts by the administering agency and the Secretary of Labor for purposes of investigation to ascertain compliance with such rules, regulations, and orders. (7) In the event of the Contractor's noncompliance with the nondiscrimination clauses of this Contract or with any of the said rules, regulations, or orders, this Contract may be canceled, terminated, or suspended in whole or in part and the Contractor may be declared ineligible for further Government Contracts or federally assisted construction Contracts in accordance with procedures authorized in Executive Order 11246 of September 24, 1965, and such other sanctions may be imposed and remedies invoked as provided in Executive Order 11246 of September 24, 1965, or by rule, regulation, or order of the Secretary of Labor, or as otherwise provided by law. (8) The Contractor will include the portion of the sentence immediately preceding paragraph (1) and the provisions of paragraphs (1) through (8) in every subContract or purchase order unless exempted by rules, regulations, or orders of the Secretary of Labor issued pursuant to section 204 of Executive Order 11246 of September 24, 1965, so that such provisions will be binding upon each subcontractor or vendor. The Contractor will take such action with respect to any subContract or purchase order as the administering agency may direct as a means of enforcing such provisions, including sanctions for noncompliance: Provided, however, that in the event a Contractor becomes involved in, or is threatened with, litigation with a subcontractor or vendor as a result of such direction by the administering agency, the Contractor may request the United States to enter into such litigation to protect the interests of the United States. The applicant further agrees that it will be bound by the above equal opportunity clause with respect to its own employment practices when it participates in federally assisted construction work: Provided, that if the applicant so participating is a State or local government, the above equal opportunity clause is not applicable to any agency, instrumentality or subdivision of such government which does not participate in work on or under the Contract. The applicant agrees that it will assist and cooperate actively with the administering agency and the Secretary of Labor in obtaining the compliance of Contractors and subcontractors with the equal opportunity clause and the rules, regulations, and relevant orders of the Secretary of Labor, that it will furnish the administering agency and the Secretary of Labor such information as they may require for the supervision of such compliance, and that it will otherwise assist the administering agency in the discharge of the agency's primary responsibility for securing compliance. The applicant further agrees that it will refrain from entering into any Contract or Contract modification subject to Executive Order 11246 of September 24, 1965, with a Contractor debarred from, or who has not demonstrated eligibility for, Government Contracts and federally assisted construction Contracts pursuant to the Executive Order and will carry out such sanctions and penalties for violation of the equal opportunity clause as may be imposed upon Contractors and subcontractors by the administering agency or the Secretary of Labor pursuant to Part II, Subpart D of the Executive Order. In addition, the applicant agrees that if it fails or refuses to comply with these undertakings, the administering agency may take any or all of the following actions: Cancel, terminate, or suspend in whole or in part this grant (Contract, loan, insurance, guarantee); refrain from extending any further assistance to the applicant under the program with respect to which the failure or refund occurred until satisfactory assur ance of future compliance has been received from such applicant; and refer the case to the Department of Justice for appropriate legal proceedings. (9) [Reserved] (c) Subcontracts. Each nonexempt prime Contractor or subcontractor shall include the equal opportunity clause in each of its nonexempt subcontracts. (d) Inclusion of the equal opportunity clause by reference. The equal opportunity clause may be included by reference in all Government Contracts and subcontracts, including Government bills of lading, transportation requests, Contracts for deposit of Government funds, and Contracts for issuing and paying U.S. savings bonds and notes, and such other Contracts and subcontracts as the Director of OFCCP may designate. (e) Incorporation by operation of the order. By operation of the order, the equal opportunity clause shall be considered to be a part of every Contract and subContract required by the order and the regulations in this part to include such a clause whether or not it is physically incorporated in such Contracts and whether or not the Contract between the agency and the Contractor is written. (f) Adaptation of language. Such necessary changes in language may be made in the equal opportunity clause as shall be appropriate to identify properly the parties and their undertakings. (C) [Where applicable, all Contracts awarded by the non-Federal entity in excess of $100,000 that involve the employment of mechanics or laborers] Contract Work Hours and Safety Standards Act (40 U.S.C. 3701-3708). Contractor must fully comply with the Contract Work Hours and Safety Standard Act (40 U.S.C. 3701-3708), including 40 U.S.C. 3702 and 3704, as supplemented by Department of Labor regulations (29 CFR Part 5). Under 40 U.S.C. 3702 of the Act, Contract is required to compute the wages of every mechanic and laborer on the basis of a standard work week of 40 hours. Work in excess of the standard work week is permissible provided that the worker is compensated at a rate of not less than one and a half times the basic rate of pay for all hours worked in excess of 40 hours in the work week. The requirements of 40 U.S.C. 3704 are applicable to construction work and provide that no laborer or mechanic must be required to work in surroundings or under working conditions which are unsanitary, hazardous or dangerous. These requirements do not apply to the purchases of supplies or materials or articles ordinarily available on the open market, or Contracts for transportation or transmission of intelligence. a. Overtime requirements. No contractor or subcontractor contracting for any part of the contract work which may require or involve the employment of laborers or mechanics shall require or permit any such laborer or mechanic in any workweek in which he or she is employed on such work to work in excess of forty hours in such workweek unless such laborer or mechanic receives compensation at a rate not less than one and one-half times the basic rate of pay for all hours worked in excess of forty hours in such workweek. b. Violation; liability for unpaid wages; liquidated damages. In the event of any violation of the clause set forth in paragraph (a) of this section the contractor and any subcontractor responsible therefor shall be liable for the unpaid wages. In addition, such contractor and subcontractor shall be liable to the United States (in the case of work done under contract for the District of Columbia or a territory, to such District or to such territory), for liquidated damages. Such liquidated damages shall be computed with respect to each individual laborer or mechanic, including watchmen and guards, employed in violation of the clause set forth in paragraph (a) of this section, in the sum of $26 for each calendar day on which such individual was required or permitted to work in excess of the standard workweek of forty hours without payment of the overtime wages required by the clause set forth in paragraph (a) of this section. c. Withholding for unpaid wages and liquidated damages. The FEMA shall upon its own action or upon written request of an authorized representative of the Department of Labor withhold or cause to be withheld, from any moneys payable on account of work performed by the contractor or subcontractor under any such contract or any other Federal contract with the same prime contractor, or any other federally-assisted contract subject to the Contract Work Hours and Safety Standards Act, which is held by the same prime contractor, such sums as may be determined to be necessary to satisfy any liabilities of such contractor or subcontractor for unpaid wages and liquidated damages as provided in the clause set forth in paragraph (b) of this section. d. Subcontracts. The contractor or subcontractor shall insert in any subcontracts the clauses set forth in paragraph (a) through (d) of this section and also a clause requiring the subcontractors to include these clauses in any lower tier subcontracts. The prime contractor shall be responsible for compliance by any subcontractor or lower tier subcontractor with the clauses set forth in paragraphs (a) through (d) of this section. (D) [If the Federal award meets the definition of “funding agreement” under 37 CFR §401.2 (a)] Rights to Inventions Made Under a Contract or Contract. For Contracts entered into by the Contractor or the City with a small business firm or nonprofit organization regarding the substitution of parties, assignment or performance of experimental, developmental, or research work under that “funding agreement,” the parties must comply with the requirements of 37 CFR Part 401, “Rights to Inventions Made by Nonprofit Organizations and Small Business Firms Under Government Grants, Contracts and Cooperative Contracts,” and any implementing regulations issued by the awarding agency. (E) [Contracts and subgrants of amounts in excess of $150,000] Clean Air Act (42 U.S.C. 7401-7671q.) and the Federal Water Pollution Control Act (33 U.S.C. 1251-1387), as amended. a. All parties agree to comply with all applicable standards, orders or regulations issued pursuant to the Clean Air Act (42 U.S.C. 7401-7671q) and the Federal Water Pollution Control Act as amended (33 U.S.C. 1251-1387). All parties shall report violations to the Federal awarding agency and the Regional Office of the Environmental Protection Agency (EPA). b. The Contractor agrees to report each violation to the City and understands and agrees that the City will, in turn, report each violation as required to assure notification to the Federal Emergency Management Agency, and the appropriate Environmental Protection Agency Regional Office. c. The Contractor agrees to include these requirements in each subcontract exceeding $150,000 financed in whole or in part with Federal funds. (F) [For Contract awards (see 2 CFR 180.220)] Debarment and Suspension (Executive Orders 12549 and 12689). Contractor attests that it is not listed on the government-wide exclusions in the System for Award Management (SAM), in accordance with the OMB guidelines at 2 CFR 180 that implement Executive Orders 12549 (3 CFR part 1986 Comp., p. 189) and 12689 (3 CFR part 1989 Comp., p. 235), “Debarment and Suspension.” SAM Exclusions contains the names of parties debarred, suspended, or otherwise excluded by agencies, as well as parties declared ineligible under statutory or regulatory authority other than Executive Order 12549. a. This contract is a covered transaction for purposes of 2 C.F.R. pt. 180 and 2 C.F.R. pt. 3000. As such, the C ontractor is required to verify that none of the Contractor’s principals (defined at 2 C.F.R. § 180.995) or its affiliates (defined at 2 C.F.R. § 180.905) are excluded (defined at 2 C.F.R. § 180.940) or disqualified (defined at 2 C.F.R. § 180.935). b. The Contractor must comply with 2 C.F.R. pt. 180, subpart C and 2 C.F.R. pt. 3000, subpart C, and must include a requirement to comply with these regulations in any lower tier covered transaction it enters into. c. This certification is a material representation of fact relied upon by the City. If it is later determined that the Contractor did not comply with 2 C.F.R. pt. 180, subpart C and 2 C.F.R. pt. 3000, subpart C, in addition to remedies available to the City, the Federal Government may pursue available remedies, including but not limited to suspension and/or debarment. d. The bidder or proposer agrees to comply with the requirements of 2 C.F.R. pt. 180, subpart C and 2 C.F.R. pt. 3000, subpart C while this offer is valid and throughout the period of any contract that may arise from this offer. The bidder or proposer further agrees to include a provision requiring such compliance in its lower tier covered transactions. (G) [For Contracts exceeding $100,000] Byrd Anti-Lobbying Amendment (31 U.S.C. 1352). Contractor attests that it has filed the required certification under the Byrd Anti-Lobbying Amendment. Contractor attests that it has certified that it will not and has not used Federal appropriated funds to pay any person or organization for influencing or attempting to influence an officer or employee of any agency, a member of Congress, officer or employee of Congress, or an employee of a member of Congress in connection with obtaining any Federal Contract, grant or any other award covered by 31 U.S.C. 1352. Contractor further attests that it has disclosed, and will continue to disclose, any lobbying with non-Federal funds that takes place in connection with obtaining any Federal award. (H) [All Contracts] Procurement of recovered materials (2 CFR §200.323). All parties agree to comply with all applicable requirements of Section 6002 of the Solid Waste Disposal Act, as amended by the Resource Conservation and Recovery Act. The requirements of Section 6002 include procuring only items designated in guidelines of the Environmental Protection Agency (EPA) at 40 CFR part 247 that contain the highest percentage of recovered materials practicable, consistent with maintaining a satisfactory level of competition, where the purchase price of the item exceeds $10,000 or the value of the quantity acquired during the preceding fiscal year exceeded $10,000; procuring solid waste management services in a manner that maximizes energy and resource recovery; and establishing an affirmative procurement program for procurement of recovered materials identified in the EPA guidelines. a. In the performance of this contract, the Contractor shall make maximum use of products containing recovered materials that are EPA-designated items unless the product cannot be acquired: • Competitively within a timeframe providing for compliance with the contract performance schedule; • Meeting contract performance requirements; or • At a reasonable price. b. Information about this requirement, along with the list of EPA-designated items, is available at EPA’s Comprehensive Procurement Guidelines web site, https://www.epa.gov/smm/comprehensive-procurement-guideline-cpg-program. (I) [All Contracts] Prohibition on certain telecommunications and video surveillance services or equipment (2 CFR §200.216). Contractor is prohibited from using equipment, services, or systems that uses covered telecommunications equipment or services as a substantial or essential component of any system, or as critical technology as part of any system. As described in Public Law 115-232, section 889, covered telecommunications equipment is telecommunications equipment produced by Huawei Technologies Company or ZTE Corporation (or any subsidiary or affiliate of such entities). (i) For the purpose of public safety, security of government facilities, physical security surveillance of critical infrastructure, and other national security purposes, video surveillance and telecommunications equipment produced by Hytera Communications Corporation, Hangzhou Hikvision Digital Technology Company, or Dahua Technology Company (or any subsidiary or affiliate of such entities). (ii) Telecommunications or video surveillance services provided by such entities or using such equipment. (iii) Telecommunications or video surveillance equipment or services produced or provided by an entity that the Secretary of Defense, in consultation with the Director of the National Intelligence or the Director of the Federal Bureau of Investigation, reasonably believes to be an entity owned or controlled by, or otherwise connected to, the government of a covered foreign country. (J) [All Contracts] 2 CFR § 200.322 and 2 CFR Part 184 Domestic preferences for procurements (Buy America Build America (BABA). As appropriate and to the extent consistent with law, Contractor should, to the greatest extent practicable, prefer the purchase, acquisition, or use of goods, products, or materials produced in the United States (including but not limited to iron, aluminum, steel, cement, and other manufactured products). The requirements of this section must be included in all subawards including all Contracts and purchase orders for work or products under this award. (K) [All Contracts] 2 C.F.R. § 200.321 Small and Minority Businesses, Women’s Business Enterprises, and Labor Surplus Area Firms. The City will take affirmative steps to solicit and include small, minority, and women-owned businesses when possible in an effort to encourage participation and fair competition in providing supplies/services described in this solicitation. As set forth in 2 C.F.R. § 200.321(b)(1)-(5), such affirmative steps must include: 1. Placing qualified small and minority businesses and women's business enterprises on solicitation lists; 2. Assuring that small and minority businesses, and women's business enterprises are solicited whenever they are potential sources; 3. Dividing total requirements, when economically feasible, into smaller tasks or quantities to permit maximum participation by small and minority businesses, and women's business enterprises; 4. Establishing delivery schedules, where the requirement permits, which encourage participation by small and minority businesses, and women's business enterprises; and 5. Using the services and assistance, as appropriate, of such organizations as the Small Business Administration and the Minority Business Development Agency of the Department of Commerce. If subcontracts are to be let, Contractor must take all necessary affirmative steps to assure that minority businesses, women’s business enterprises, and labor surplus area firms are used as required by 2 C.F.R. § 200.321. (L) Bid Protest Procedures City of Fort Collins Bid Protest Procedures. The City of Fort Collins has a protest procedure covering any phase of solicitation or award, including but not limited to specification or award. The protest procedures are available from the Purchasing Department, City of Fort Collins, 215 N. Mason, Street, 2nd Floor, P. O. Box 580, Fort Collins, CO. 80522. You may also request a copy of the procedures by emailing: Purchasing@fcgov.com or calling 970-221-6775. (M) Title VI of the Civil Rights Act of 1964 - The sub-grantee, contractor, subcontractor, successor, transferee, and assignee shall comply with Title VI of the Civil Rights Act of 1964, which prohibits recipients of federal financial assistance from excluding from a program or activity, denying benefits of, or otherwise discriminating against a person on the basis of race, color, or national origin (42 U.S.C. § 2000d et seq.), as implemented by the Department of the Treasury’s Title VI regulations, 31 CFR Part 22, which are herein incorporated by reference and made a part of this contract (or agreement). Title VI also includes protection to persons with “Limited English Proficiency” in any program or activity receiving federal financial assistance, 42 U.S.C. § 2000d et seq., as implemented by the Department of the Treasury’s Title VI regulations, 31 CFR Part 22, and herein incorporated by reference and made a part of this contract or agreement. (N) Increasing Seat Belt Use in the United States – Pursuant to Executive Order 13043, 62 FR 19217 (Apr. 18, 1997), the City encourages its contractors to adopt and enforce on-the- job seat belt policies and programs for their employees when operating company-owned, rented, or personally owned vehicles. (O) Reducing Text Messaging While Driving – Pursuant to Executive Order 13513, 74 FR 51225 (Oct. 6, 2009), the City encourages its employees, subrecipients, and contractors to adopt and enforce policies that ban text messaging while driving, and the City has established workplace safety policies to decrease accidents caused by distracted drivers. (P) Publications – Any publications produced under this contract or agreement must display the following language: “This project is being supported, in whole or in part, by federal award number 21.019 awarded to the City of Fort Collins by the U.S. Department of the Treasury.” "General Decision Number: CO20240004 02/23/2024 Superseded General Decision Number: CO20230004 State: Colorado Construction Type: Residential Counties: Adams, Arapahoe, Boulder, Broomfield, Denver,  Douglas, El Paso, Jefferson, Larimer, Mesa, Pueblo and Weld  Counties in Colorado. RESIDENTIAL CONSTRUCTION PROJECTS (consisting of single family homes and apartments up to and including 4 stories) Note: Contracts subject to the Davis‐Bacon Act are generally required to pay at least the applicable minimum wage rate required under Executive Order 14026 or Executive Order 13658. Please note that these Executive Orders apply to covered contracts entered into by the federal government that are subject to the Davis‐Bacon Act itself, but do not apply to contracts subject only to the Davis‐Bacon Related Acts, including those set forth at 29 CFR 5.1(a)(1). ______________________________________________________________ |If the contract is entered    |. Executive Order 14026      | |into on or after January 30,  |  generally applies to the   | |2022, or the contract is      |  contract.                  | |renewed or extended (e.g., an |. The contractor must pay    | |option is exercised) on or    |  all covered workers at     | |after January 30, 2022:       |  least $17.20 per hour (or  | |                              |  the applicable wage rate   | |                              |  listed on this wage        | |                              |  determination, if it is    | |                              |  higher) for all hours      | |                              |  spent performing on the    | |                              |  contract in 2024.          | |______________________________|_____________________________| |If the contract was awarded on|. Executive Order 13658      | |or between January 1, 2015 and|  generally applies to the   | |January 29, 2022, and the     |  contract.                  | |contract is not renewed or    |. The contractor must pay all| |extended on or after January  |  covered workers at least   | |30, 2022:                     |  $12.90 per hour (or the    | |                              |  applicable wage rate listed| |                              |  on this wage determination,| |                              |  if it is higher) for all   | |                              |  hours spent performing on  | |                              |  that contract in 2024.     | |______________________________|_____________________________| The applicable Executive Order minimum wage rate will be adjusted annually. If this contract is covered by one of the Executive Orders and a classification considered necessary for performance of work on the contract does not appear on this wage determination, the contractor must still submit a conformance request. Additional information on contractor requirements and worker protections under the Executive Orders is available at http://www.dol.gov/whd/govcontracts. Modification Number     Publication Date           0              01/05/2024           1              02/23/2024  BRCO0007‐007 01/01/2023 ADAMS, ARAPAHOE, BOULDER, BROOMFIELD, DENVER, DOUGLAS AND JEFFERSON COUNTIES                                   Rates          Fringes BRICKLAYER.......................$ 33.76            10.64 ‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐  ELEC0012‐012 09/01/2023 PUEBLO COUNTY                                   Rates          Fringes ELECTRICIAN (Including  Low    Voltage Wiring and     Installation of Fire Alarms,     Security Systems and     Communications Systems)..........$ 31.90            14.96 ‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐ * ELEC0068‐014 12/01/2023                                   Rates          Fringes ELECTRICIAN        (Including Low Voltage       Wiring and Installation of       Fire Alarms, Security       Systems and Communication       Systems)....................$ 29.51            11.42 ‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐ * ELEC0111‐011 01/01/2023 MESA COUNTY                                   Rates          Fringes ELECTRICIAN        (Including Low Voltage       Wiring and Installation of       Fire Alarms, Security       Systems and Communication       Systems)....................$ 27.10            12.62 ‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐  ELEC0113‐007 06/01/2023 EL PASO COUNTY                                   Rates          Fringes ELECTRICIAN        (Including Low Voltage       Wiring and Installation of       Fire Alarms, Security       Systems and Communication       Systems)....................$ 34.90            17.25 ‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐  ENGI0009‐007 05/01/2023                                   Rates          Fringes Power equipment operators:        Bulldozer...................$ 34.05            14.25      Motor Grader: Blade‐finish..$ 34.58            14.25      Motor Grader: Blade‐rough...$ 34.05            14.25      Roller: Self‐propelled all       types over 5 tons...........$ 34.05            14.25      Roller: Self‐propelled       rubber tires under 5 tons...$ 33.62            14.25      Scraper: Single bowl       including pups 40 cubic       yards and tandem bowls and       over       Single bowl including        pups 40 cubic yards and        tandem bowls and over......$ 34.41            14.25      Scraper: Single bowl under       40 cubic yards..............$ 34.21            14.25      Water Wagon.................$ 34.05            14.25 ‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐  IRON0024‐001 11/01/2023                                   Rates          Fringes IRONWORKER, STRUCTURAL...........$ 37.23            12.50 ‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐  PAIN0930‐001 07/01/2023                                   Rates          Fringes GLAZIER..........................$ 33.51            12.65 ‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐  PLUM0003‐002 06/01/2018 ADAMS, ARAPAHOE, BOULDER, BROOMFIELD, DENVER, DOUGLAS, JEFFERSON, LARIMER AND WELD COUNTIES                                   Rates          Fringes PLUMBER        (Including HVAC Pipe).......$ 23.24             5.35 ‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐  PLUM0058‐011 07/01/2023 EL PASO AND PUEBLO COUNTIES                                   Rates          Fringes PLUMBER/PIPEFITTER        (Plumbers include HVAC       pipe)      (Pipefitters exclude HVAC       pipe).......................$ 39.40            16.83   Zone 1 ‐ 40 miles and over: $19.85 per hour + $32.00 per day   per diem will be paid on projects over 40 miles (Zone 1)   measured in practical driving miles by the shortest route,   beginning at 5th and Main Streets in Pueblo, Colorado, when   the employee stays overnight or drives their own vehicle.   Hazardous Pay: Add $2.20 per hour to $19.85 base rate.   Hazardous pay applies to projects at chemical plants, steel   mills, cement plants, power generator plants, process   piping at manufacturing plants, food processing plants,and   all projects which may present a health hazard or serious   personal injury. ‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐  PLUM0145‐005 08/01/2016 MESA COUNTY                                   Rates          Fringes PLUMBER        (Plumbers include HVAC       pipe) & PIPEFITTERS       (exclude HVAC pipe).........$ 26.18            11.52 ‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐  PLUM0208‐002 06/01/2023 ADAMS, ARAPAHOE, BOULDER, BROOMFIELD, DENVER, DOUGLAS, JEFFERSON, LARIMER AND WELD COUNTIES                                   Rates          Fringes PIPEFITTER        (Excluding HVAC pipe).......$ 41.50            21.90 ‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐  SHEE0009‐003 07/01/2023                                   Rates          Fringes Sheet metal worker        HVAC Duct and Installation       of HVAC Systems.............$ 38.47            20.83 ‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐ *  SUCO2001‐002 12/20/2001                                   Rates          Fringes CARPENTER        (Excluding drywall        hanging/framing, metal       stud  work and form       building/setting)...........$ 16.36 **          1.38    Cement Mason/Concrete Finisher...$ 16.80 **                  Drywall Finisher/Taper...........$ 13.00 **                  Drywall Hanger/Framer        (Including metal stud work).$ 17.13 **          2.63    Formbuilder/Formsetter...........$ 12.78 **          1.98    Laborers:        Brick Finishers/Tenders.....$ 11.25 **                    Common......................$  8.86 **                    Concrete/Mason Tenders......$ 10.00 **                  PAINTER        (Excludes drywall       finishing and taping):       Brush, Roller and Spray.....$ 13.62 **          3.39    Power equipment operators:        Backhoe.....................$ 12.98 **          3.31      Front End Loader............$ 16.50 **                  ROOFER...........................$ 14.73 **                  Sheet Metal Worker        All Other Work..............$ 17.30             4.05    SPRINKLER FITTER.................$ 18.47             3.74 ‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐ WELDERS ‐ Receive rate prescribed for craft performing operation to which welding is incidental. ================================================================ ** Workers in this classification may be entitled to a higher minimum wage under Executive Order 14026 ($17.20) or 13658 ($12.90).  Please see the Note at the top of the wage determination for more information. Please also note that the minimum wage requirements of Executive Order 14026 are not currently being enforced as to any contract or subcontract to which the states of Texas, Louisiana, or Mississippi, including their agencies, are a party. Note: Executive Order (EO) 13706, Establishing Paid Sick Leave for Federal Contractors applies to all contracts subject to the Davis‐Bacon Act for which the contract is awarded (and any solicitation was issued) on or after January 1, 2017.  If this contract is covered by the EO, the contractor must provide employees with 1 hour of paid sick leave for every 30 hours they work, up to 56 hours of paid sick leave each year. Employees must be permitted to use paid sick leave for their own illness, injury or other health‐related needs, including preventive care; to assist a family member (or person who is like family to the employee) who is ill, injured, or has other health‐related needs, including preventive care; or for reasons resulting from, or to assist a family member (or person who is like family to the employee) who is a victim of, domestic violence, sexual assault, or stalking.  Additional information on contractor requirements and worker protections under the EO is available at https://www.dol.gov/agencies/whd/government‐contracts. Unlisted classifications needed for work not included within the scope of the classifications listed may be added after award only as provided in the labor standards contract clauses (29CFR 5.5 (a) (1) (iii)). ‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐ The body of each wage determination lists the classification and wage rates that have been found to be prevailing for the cited type(s) of construction in the area covered by the wage determination. The classifications are listed in alphabetical order of ""identifiers"" that indicate whether the particular rate is a union rate (current union negotiated rate for local), a survey rate (weighted average rate) or a union average rate (weighted union average rate). Union Rate Identifiers A four letter classification abbreviation identifier enclosed in dotted lines beginning with characters other than ""SU"" or ""UAVG"" denotes that the union classification and rate were prevailing for that classification in the survey. Example: PLUM0198‐005 07/01/2014. PLUM is an abbreviation identifier of the union which prevailed in the survey for this classification, which in this example would be Plumbers. 0198 indicates the local union number or district council number where applicable, i.e., Plumbers Local 0198. The next number, 005 in the example, is an internal number used in processing the wage determination. 07/01/2014 is the effective date of the most current negotiated rate, which in this example is July 1, 2014. Union prevailing wage rates are updated to reflect all rate changes in the collective bargaining agreement (CBA) governing this classification and rate. Survey Rate Identifiers Classifications listed under the ""SU"" identifier indicate that no one rate prevailed for this classification in the survey and the published rate is derived by computing a weighted average rate based on all the rates reported in the survey for that classification.  As this weighted average rate includes all rates reported in the survey, it may include both union and non‐union rates. Example: SULA2012‐007 5/13/2014. SU indicates the rates are survey rates based on a weighted average calculation of rates and are not majority rates. LA indicates the State of Louisiana. 2012 is the year of survey on which these classifications and rates are based. The next number, 007 in the example, is an internal number used in producing the wage determination. 5/13/2014 indicates the survey completion date for the classifications and rates under that identifier. Survey wage rates are not updated and remain in effect until a new survey is conducted. Union Average Rate Identifiers Classification(s) listed under the UAVG identifier indicate that no single majority rate prevailed for those classifications; however, 100% of the data reported for the classifications was union data. EXAMPLE: UAVG‐OH‐0010 08/29/2014. UAVG indicates that the rate is a weighted union average rate. OH indicates the state. The next number, 0010 in the example, is an internal number used in producing the wage determination. 08/29/2014 indicates the survey completion date for the classifications and rates under that identifier. A UAVG rate will be updated once a year, usually in January of each year, to reflect a weighted average of the current negotiated/CBA rate of the union locals from which the rate is based. ‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐                    WAGE DETERMINATION APPEALS PROCESS 1.) Has there been an initial decision in the matter? This can be: *  an existing published wage determination *  a survey underlying a wage determination *  a Wage and Hour Division letter setting forth a position on    a wage determination matter *  a conformance (additional classification and rate) ruling On survey related matters, initial contact, including requests for summaries of surveys, should be with the Wage and Hour National Office because National Office has responsibility for the Davis‐Bacon survey program. If the response from this initial contact is not satisfactory, then the process described in 2.) and 3.) should be followed. With regard to any other matter not yet ripe for the formal process described here, initial contact should be with the Branch of Construction Wage Determinations.  Write to:             Branch of Construction Wage Determinations             Wage and Hour Division             U.S. Department of Labor             200 Constitution Avenue, N.W.             Washington, DC 20210 2.) If the answer to the question in 1.) is yes, then an interested party (those affected by the action) can request review and reconsideration from the Wage and Hour Administrator (See 29 CFR Part 1.8 and 29 CFR Part 7). Write to:             Wage and Hour Administrator             U.S. Department of Labor             200 Constitution Avenue, N.W.             Washington, DC 20210 The request should be accompanied by a full statement of the interested party's position and by any information (wage payment data, project description, area practice material, etc.) that the requestor considers relevant to the issue. 3.) If the decision of the Administrator is not favorable, an interested party may appeal directly to the Administrative Review Board (formerly the Wage Appeals Board).  Write to:             Administrative Review Board             U.S. Department of Labor             200 Constitution Avenue, N.W.             Washington, DC 20210 4.) All decisions by the Administrative Review Board are final. ================================================================           END OF GENERAL DECISION"