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HomeMy WebLinkAboutBID - 10127 Confluence Plaza Concrete ImprovementsBID 10127 Confluence Plaza Improvements Page 1 of 44 INVITATION TO BID 10127 Confluence Plaza Improvements BID OPENING: 3:00 PM MT (our clock), March 12, 2025 The City of Fort Collins is requesting bids from qualified Contractors for replacement of in- ground lighting with finished concrete at the Confluence Plaza. As part of the City’s commitment to Sustainable Purchasing, electronic bid submission is preferred. Bids shall be submitted online through the Rocky Mountain E-Purchasing System (RMEPS) at http://www.bidnetdirect.com/colorado/city-of-fort-collins. Please note: submitting bids through RMEPS may need additional time for completion. Bids not submitted by the designated Opening Date and Time will not be accepted by the system. The City encourages all disadvantaged business enterprises to submit bid in response to all invitations to bid. No individual or business will be discriminated against on the grounds of race, color, sex, or national origin. It is the City’s policy to create a level playing field on which DBEs can compete fairly and to ensure nondiscrimination in the award and administration of all contracts. A pre-bid conference and job walk with representatives of prospective Contractors will be held at 2:00 PM MST, on February 26, 2025 at 401 Linden Street, Fort Collins, CO 80524. Public Bid Opening: Bid opening will be conducted shortly after 3:00 PM MT on [DATE]. Bid openings will be conducted by videoconference. At said place and time, and promptly thereafter, all Bids that have been duly received will publicly opened and read aloud. To access the Bid opening, please follow the link: Join the meeting now Meeting ID: 296 706 542 167 Passcode: E92jp6jG Alternatively, the bid opening can be accessed via phone. This option will only allow you to hear the audio presentation. Call-in number: 1-970-628-0892 Conference ID: 420 558 028# Any additional questions should be submitted in writing via email, to Adam Hill, Senior Buyer at adhill@fcgov.com with a copy to Project Manager, John Gerwel at jgerwel@fcgov.com, no later than 3:00 PM MT (our clock) on March 5, 2025. Please format your e-mail to include: Bid 10127 Confluence Plaza Improvements 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 Bid may be obtained at http://www.bidnetdirect.com/colorado/city-of-fort-collins. Financial Services Purchasing Division 215 N. Mason St. 2nd Floor PO Box 580 Fort Collins, CO 80522 970.221.6775 fcgov.com/purchasing BID 10127 Confluence Plaza Improvements Page 2 of 44 This BID has been posted utilizing the following Commodity Code(s): 210 15 Bricks, Concrete 906 19 Concrete Architectural Concrete 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 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 and their subcontractors/subconsultants at every tier. Colorado Open Records Act: The City is a governmental entity subject to the Colorado Open Records Act, C.R.S. §§ 24-72-200.1 et seq. (“CORA”). Any bid submitted hereunder is subject to public disclosure by the City pursuant to CORA and City ordinances. All submitted bids, Bid Forms, and the awarded contract will be considered public records subject to disclosure under CORA. By responding to this Bid, Contractor hereby waives any and all claims for damages against the City for the City’s good faith compliance with CORA. Special Instructions: All bids must be properly signed by an authorized representative of the company with the legal capacity to bind the company to the agreement. Bids may be withdrawn up to the date and hour set for closing. Once bids have been accepted by the City and closing has occurred, failure to enter into contract or honor the purchase order will be cause for removal of supplier's name from the City of Fort Collins' bidders list for a period of twelve months from the date of the opening. The City may also pursue any remedies available at law or in equity. Bid prices must be held firm for a period of ninety (90) days after bid openings. Submission of a bid is deemed as acceptance of all terms, conditions and specifications contained in the City's specifications initially provided to the Contractor. Any proposed modification must be accepted in writing by the City prior to award of the bid. Only bids properly received by the Purchasing Office will be accepted. All bids should be clearly identified by the bid number and bid name contained in the bid proposal. No bid will be accepted from, or any purchase order awarded, to any person, firm or corporation in default on any obligation to the City. Bids must be furnished exclusive of any federal excise tax, wherever applicable. BID 10127 Confluence Plaza Improvements Page 3 of 44 Contractors must be properly licensed and secure necessary permits wherever applicable. The City may elect where applicable, to award bids on an individual item/group basis or on a total bid basis, whichever is most beneficial to the City. The City reserves the right to accept or reject any and all bids, and to waive any irregularities or informalities. 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. Freight Terms: Unless otherwise noted, all freight is F.O.B. Destination, Freight Prepaid. All freight charges must be included in prices submitted on proposal. Collusive or Sham Bids: Any bid deemed to be collusive or a sham bid will be rejected and reported to authorities as such. Your authorized signature of this bid assures that such bid is genuine and is not a collusive or sham bid. Contractor Registration: The City requires a new Contractor receiving awards from the City to submit IRS form W-9 and requires all Contractors to accept Direct Deposit (Electronic) payment. If needed, the W-9 form and the Contractor Direct Deposit Authorization Form can be found on the City’s Purchasing website at www.fcgov.com/purchasing under Contractor 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. Bid results are posted online at http://www.bidnetdirect.com/colorado/city-of-fort-collins. Gerry Paul Purchasing Director BID 10127 Confluence Plaza Improvements Page 4 of 44 CITY OF FORT COLLINS GENERAL INFORMATION The City of Fort Collins is requesting bids from qualified Contractors for replacement of in-ground lighting with finished concrete at the Confluence Plaza. Schedule The following represents the City’s target schedule for the bid. The City reserves the right to amend the target schedule at any time. • Bid issuance: February 19, 2025 • Pre-bid Meeting: 2:00 PM MT on February 26, 2025 • Question deadline: 3:00 PM MT on March 5, 2025 • Issue Final Addendum March 7, 2025 • Bid Opening Date: 3:00 MT (our clock) on March 12, 2025 • Award of Contract (tentative): Week of March 17th, 2025 • Substantial Completion: May 23, 2025 • Final Completion: June 6, 2025 Method of Award Award from this bid will be based primarily on lowest bid price, statement of qualifications, reference checks and ability to meet the project schedule. Agreement The awarded Contractor will receive a Purchase Order from the City authorizing Work under this Agreement. Contractor should not begin any Work prior to receipt of the Purchase Order. The awarded Contractor is also expected to sign the City’s standard Services Agreement, a sample of which is attached. Invoices & Payments 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. Contractor should include Purchase Order Number and a detailed description of item(s) on each invoice submitted. The City pays invoices on Net 30 terms. Fees, Licenses, Permits The successful Contractor shall be responsible for obtaining any necessary licenses, fees or permits without additional expense to the City. All equipment shall be properly licensed and insured, carry the appropriate permits and be placarded as required by law. Laws and Regulations All Work and/or materials must meet current standards in force by recognized technical and professional societies, trade and materials supply associations, institutes and organizations, bureaus and testing laboratories. 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). The BID 10127 Confluence Plaza Improvements Page 5 of 44 Contractor further agrees to comply fully with the Occupational Safety and Health Act, all regulations issued there under, and all state laws and regulations enacted and adopted pursuant thereto. Insurance Contractor is responsible for complying with the insurance requirements in the attached Services Agreement. Warranty The warranty for the Work is in accordance with the attached Services Agreement. BID 10127 Confluence Plaza Improvements Page 6 of 44 CITY OF FORT COLLINS BID SUBMITTAL INSTRUCTIONS The following items must be provided in the bid submittal package: 1) Completed Bid Submittal Form, consisting of ( ) pages, including: • Bid Schedule • Experience & References List, providing documentation of at least three (3) reference of similar scope and price within the last five (5) years. • List of Subcontractors to be used on project (if applicable) • Acknowledgement. • Provide a written statement of qualifications including your current safety record. • Provide a list of (10) successful decorative concrete placement projects. • Provide a preliminary construction schedule. • Additional documents may be submitted in Word or PDF. Failure to submit any of the above may result in your bid being considered non-responsive. 10127 CONFLUENCE PLAZA IMPROVEMENTS BID SUBMITTAL FORM BID 10127 Confluence Plaza Improvements Page 7 of 44 CONTRACTOR NAME: SUBMITTAL DATE: A. BID SCHEDULE – PLEASE COMPLETE THE ATTACHED FILE “10127 CONLUENCE PLAZA BID SCHEDULE.XLSX 10127 CONFLUENCE PLAZA IMPROVEMENTS BID SUBMITTAL FORM BID 10127 Confluence Plaza Improvements Page 8 of 44 B. EXPERIENCE & REFERENCES LIST PROJECT #1 Project Name: Project Type: Location: Contract Amount: $ Client: Contact Name: Title: Phone: Email: Start Date: Completion Date: Was the Project completed on time? Yes No If no, please describe: Was the Project completed within the original budget? Yes No If no, please describe: Additional information: 10127 CONFLUENCE PLAZA IMPROVEMENTS BID SUBMITTAL FORM BID 10127 Confluence Plaza Improvements Page 9 of 44 PROJECT #2 Project Name: Project Type: Location: Contract Amount: $ Client: Contact Name: Title: Phone: Email: Start Date: Completion Date: Was the Project completed on time? Yes No If no, please describe: Was the Project completed within the original budget? Yes No If no, please describe: Additional information: 10127 CONFLUENCE PLAZA IMPROVEMENTS BID SUBMITTAL FORM BID 10127 Confluence Plaza Improvements Page 10 of 44 PROJECT #3 Project Name: Project Type: Location: Contract Amount: $ Client: Contact Name: Title: Phone: Email: Start Date: Completion Date: Was the Project completed on time? Yes No If no, please describe: Was the Project completed within the original budget? Yes No If no, please describe: Additional information: PLEASE NOTE: THE CITY RESERVES THE RIGHT TO REQUEST AND CONTACT ADDITIONAL REFERENCES. 10127 CONFLUENCE PLAZA IMPROVEMENTS BID SUBMITTAL FORM BID 10127 Confluence Plaza Improvements Page 11 of 44 C. SCHEDULE OF SUBCONTRACTORS Please list all subcontractors and their corresponding Work items in the space below. If not applicable, please note “N/A”. ITEM SUBCONTRACTOR 10127 CONFLUENCE PLAZA IMPROVEMENTS BID SUBMITTAL FORM BID 10127 Confluence Plaza Improvements Page 12 of 44 D. ACKNOWLEDGEMENT Contractor hereby acknowledges receipt of the City of Fort Collins Bid and acknowledges that it has read and agrees to be fully bound by all of the terms, conditions and other provisions set forth in 10127 Confluence Plaza Improvements except as otherwise noted. Additionally, Contractor 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 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 further agrees that the method of award is acceptable. e. Contractor also agrees to complete the proposed Notice of Award (NOA) with the City of Fort Collins within 10 days of notice of award. If NOA is not completed and signed within 10 days, City reserves the right to cancel and award to the next highest rated firm. f. Contractor acknowledges receipt of addenda. g. Contractor acknowledges no conflict of interest. h. Contractor 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 bid submitted hereunder is subject to public disclosure by the City pursuant to CORA and City ordinances. All submitted bids, Bid Forms, and the awarded contract will be considered public records subject to disclosure under CORA. By responding to this Bid, Contractor hereby waives any and all claims for damages against the City for the City’s good faith compliance with CORA. Legal Firm Name: Physical Address: Remit to Address: Phone: Name of Authorized Agent of Firm: Signature of Authorized Agent: Primary Contact for Project: Title: Email Address: Phone: Cell Phone: NOTE: ALL BID SUBMITTAL FORM PAGES MUST BE COMPLETED, SIGNED WHERE REQUIRED & RETURNED WITH YOUR BID PROPOSAL PACKAGE. BID 10127 Confluence Plaza Improvements Page 13 of 44 EXHIBIT A SCOPE OF WORK The City of Fort Collins is seeking services for the replacement of in-ground lighting at the Confluence Plaza. The selected Contractor agrees to perform the services identified below. Project Background The existing in-ground lighting system established at the northern corner of the Linden and Willow intersection is no longer desirable to maintain. The City of Fort Collins would like to remove and replace the in-ground lighting system with decorative concrete, as described in the accompanying Exhibit B - Specifications and Exhibit C – Project Plan Set. Scope of Work The Contractor will be responsible for the successful removal and disposal of existing in-ground lighting system in accordance with the City of Fort Collins Construction Waste Management Plan (Construction Waste Management Plan). In succession completion of the decorative concrete, both of which are described in the accompanying bid set plans and specifications. This includes, but is not limited to the following: • Samples of the decorative concrete consistent with the accompanying decorative concrete specifications must be delivered to City Project Manager within (2) weeks of contract execution. • Right-of-way/excavation permit will be acquired by the City with the Contractor listed as the prime Contractor. • Work Area Traffic Control plans and permits will be the responsibility of the Contractor. • Coordination with impacted adjacent businesses for access to their properties will be the responsibility of the Contractor. • A start date of March 24, 2025, and an end date no later than May 23, 2025, for the Substantial Completion of the Work. The final payment and acceptance of Work will be no later than June 6, 2025. These dates may be adjusted at the City’s sole discretion in the event additional samples are requested by the City. Weather Delays In the event of unusually severe weather conditions which prevent the Contractor’s performance of the Work, the Contractor shall notify the Project Manager in writing within two (2) business days requesting an extension of time due to weather conditions. The Contractor shall state the specific impact to the Work due to the severe weather and justification for the request for additional time. The Project Manager will assess the justification and notify the Contractor of its determination. Liquidated Damages The Contractor acknowledges that completing this project in a timely manner is important to minimize disruption to adjacent businesses, pedestrians, and vehicular traffic. The Contractor further recognizes delays in the completion of this project would constitute financial loss for the City, but proving the amount of actual loss would require delays, expenses, and difficulty. As such, the Contractor agrees that liquidated damages for delay (but not as a penalty) will be five hundred dollars and zero cents ($500.00) per calendar day or fraction thereof after May 23, 2025 until the Work is Substantially Complete. The Contractor agrees to pay five hundred dollars and zero cents ($500.00) per calendar day or fraction thereof after June 6, 2025 until the Work is ready for final acceptance. BID 10127 Confluence Plaza Improvements Page 14 of 44 EXHIBIT B SPECIFICATIONS REVISION OF SECTION 608 - SIDEWALKS AND BIKEWAYS Section 608 of the CDOT Standard Specifications is hereby revised for this project as follows: In subsection 608.01, add the following: This Work also consists of the provision and installation of salvaged interlocking concrete pavers; and special finish concrete to include – Sandscape Refined finish concrete (with glass aggregate) in conformance with these specifications and in conformity with the lines and grades shown on the plans. In subsection 608.02, add the following: Interlocking Concrete Pavers Salvaged, Interlocking Concrete Pavers - Placed on sand setting bed over a concrete sub- slab, in the location and pattern as identified on the Drawings. Paver Aggregate Setting Bed Materials Graded Aggregate for Base: Class 6 Aggregate Base Course complying with CDOT standards. Sand for Leveling Course: Sound, sharp, washed, natural sand or crushed stone complying with gradation requirements in ASTM C 33/C 33M for fine aggregate. Sand for Joints: Fine, sharp, washed, natural sand or crushed stone with 100 percent passing No. 16 sieve and no more than 10 percent passing No. 200 sieve. Concrete Portland cement: shall conform to ASTM C 150, Type I, II or V. Use single brand of cement from single source for the entire project. 1. Slump: 3 to 5 inch slump. Obtain approval from Owner’s Authorized Representative if slump is outside these parameters. 2. Minimum PSI Rating at 28 days: 4,000. 3. Cement quantity per yard of mix: a. Minimum: 6 sacks. b. Maximum: 7 sacks. 4. Water/cement ratio: Maximum .6 5. Aggregates: Use maximum 1” top size aggregate. Aggregates: shall conform to ASTM C 33 and be optimized with minimal gap grading and the largest top sized aggregate feasible. Use same sand and aggregate source for the entire project. 6. Admixtures: BID 10127 Confluence Plaza Improvements Page 15 of 44 a. Air entrainment: As determined required by aggregate size and environment b. Water-Reducing Admixtures: Water-reducing admixtures and/or super- plasticizers are permitted and shall conform to ASTM C 494. 7. Fly ash: Fly Ash shall conform to ASTM C618 – type F. Use in all applications as required up to 25% of total cement content 8. Accelerators: Do not use accelerators. 9. Water: Mixing water shall be fresh, clean and potable. 10. Air Entrainment: Conforming to ASTM C260. In freeze-thaw areas, air entrainment shall be provided. Concrete Reinforcing Reinforcing Steel: Conforming to ASTM A615, clean and free of rust, dirt, grease or oils. Tie Wire: 16-gauge plain cold-drawn steel conforming to ASTM A82, clean, and free of rust, dirt, grease or oils. Supports for Reinforcement: 1. Provide supports for reinforcement including bolsters, chairs, spacers and other devices for spacing, supporting and fastening reinforcing bars in place. Polypropylene Fiber Reinforcement: 100% virgin multifilament polypropylene fibers, complying with ASTM C 1116 - Type III. Acceptable Products: 1. Fiber Mesh: UltraFiber500 2. FiberMesh150. Fibermesh 3. Fibermix Stealth – 1/4” long 4. Grace Construction Products; MicroFiberTM 5. Or pre-approved equivalent. Application Rate: 1/2 LB./CY of mix, unless recommended otherwise by manufacturer. Sandscape Refined Finish with Glass Aggregate Available Manufacturers: Subject to compliance with requirements, manufacturers offering materials decorative in nature required to be incorporated into the Work include, and are limited to, manufacturer listed. 1. Basis of Design: The Bomanite Company (303) 369-1115 www.bomanite.com 2. Or pre-approved equivalent Materials: Retarder: Exposed sand finish concrete shall be treated with a surface retarder applied to result in a sand micro finish. Apply and clean up per manufacturer’s instructions. Manufacturers include: BID 10127 Confluence Plaza Improvements Page 16 of 44 1. Bomanite Profiler, Water-based reactive compound designed to etch the surface concrete at the surface. 2. Dayton Superior Top-Cast Surface Retarder, Product 05 Light Blue Sandblast Finish 3. Architectural Concrete Chemicals Optimus Surface Retarder, Sand Finish. 4. Or pre-approved equivalent. Bomanite Dry Shake Surface Applied color, OR pre-approved equivalent. Bomanite Con-Shield, hydrolyzed quartz compound, designed to reduce surface porosity while improving surface abrasion resistance and bond strength of sand aggregates, OR pre-approved equivalent. Bomanite Hydro-Lock, epoxy modified acrylic sealer with medium sheen and minimal film formation, OR pre-approved equivalent Glass Aggregate for Sandscape Refined Finish Manufacturer: American Specialty Glass, OR approved equivalent Product: Terrazzo Glass Glass Aggregate Color and Sizes: Final colors and sizes of glass aggregate mix shall be approved by Owner’s Representative. Submit the following mock-ups for Owner review and approval prior to construction. Mock-Up #1 1. 12” x 12” x 1” thick concrete panel with color hardener, glass aggregate, and an exposed sand finish. 2. Color Hardener: 3/16 inch to 5/16 inch depth, color – to be selected from supplier’s range of White and Off-White colors 3. Glass Aggregate Colors and Mix: In proportion to the weight of the color hardener aggregate must include 10% Mirror Glass (Sieve No. 20-12), and 10% Dark Blue (Sieve No. 12-5) 4. Coverage: glass aggregate shall be mixed into the color hardener thoroughly and be evenly distributed across the entire exposed surface. Mock-Up #2 1. Description: 12” x 12” x 1” thick concrete panel with color hardener, glass aggregate and an exposed sand finish. 2. Color Hardener: 3/16 inch to 5/16 inch depth, color – Adobe, Painted Desert or approved equivalent to be selected from supplier’s full range of standard colors. 3. Glass Aggregate Colors and Mix: In proportion to the weight of the color hardener aggregate must include 10% Mirror Glass (Sieve No. 20-12), 20% Dark Blue glass (Sieve No. 12-5), 5% Teal Terrazzo (Sieve No 12-5). Quantity of Mirror glass can be reduced accordingly, if necessary. BID 10127 Confluence Plaza Improvements Page 17 of 44 4. Coverage: glass aggregate shall be mixed into the color hardener thoroughly and be evenly distributed across the entire exposed surface. Curing After initial texture exposure, wet cure the slab for a minimum of 24 hours by means of fogging, sheet or spraying. Sealing Treat exposed sand finish sandscape surface once cured with Bomanite Con-Shield, OR approved equivalent, as per manufacturer’s instructions After Bomanite Con-Shield has reacted fully, Bomanite Hydro-Lock is applied as per manufacturer’s instruction, OR approved equivalent Construction Joint Dowels Construct construction joints in areas as required- diamond dowels are required to provide load transference at construction joints Dowel schedule to match rebar schedule and at a minimum spacing as indicated in the drawings. Diamond or speed dowels Expansion Joint Materials Provide expansion joints as required- dowels are required to provide load transference at expansion joints. Caulk expansion joints and apply sand to exposed surface caulked joints. Subsection 608.03 shall include the following: Interlocking Concrete Pavers. Installation shall be by a paving contractor and crew with a minimum of five (5) years of experience in placing pavers on projects of similar nature or scope. Submittals: Submit full size samples of paver units to indicate color and shape selections as detailed on the Drawings. Submit product cut sheet and sieve analysis for gradation of bedding and joint sand. Project Conditions: Do not install pavers during heavy rainfall or snowfall. Lay the pavers in the pattern(s) as shown on the Drawings. In areas where existing pavers were disturbed by construction, reinstall per paver BID 10127 Confluence Plaza Improvements Page 18 of 44 manufacturer’s installation instruction, and match pattern of abutting areas. Fill gaps at edges/ends of paver runs with cut pavers as required. Fill joints with sand and vibrate pavers per manufacturer’s instructions. Sweep off excess sand and dispose of off-site when the job is complete. The final surface elevation of pavers shall be a maximum of 1/8” above/below the adjacent finished concrete. Special Concrete Finishes Installer Qualifications: 1. Installation shall be by a paving contractor and crew with a minimum of five (5) years of experience with projects of similar nature or scope. Experience placing color hardener with glass aggregate and an exposed sand finish is required. 2. Applicator shall be familiar with the specified requirements and the methods needed for proper performance of Work of this section. 3. Applicator shall be familiar with the previously approved mock-ups that demonstrated standard of workmanship. 4. Applicator to belong to the Decorative Concrete Council of the American Society of Concrete Contractors (ASCC) and conform to their safety and quality standards. 5. Pre-approved decorative finish installers include the following: a. Colorado Hardscapes b. Other qualified installers that are approved prior to bidding. Source Limitations: 1. Seeded glass: Obtain seeded glass from one source determined suitable for concrete seeding. Mock-ups: 1. Apply finish to mock-ups constructed by contracted installer, using each type of finish to demonstrate finished appearance and standard of workmanship. a. Mock-up shall include surface treatments. b. Mock-up to be a minimum of 1 square foot based on selected sample c. Obtain from Owner’s Representative approval of mock-ups before starting construction. d. Maintain mock-ups during construction in an undisturbed condition as a standard for judging the completed Work. Concrete Placement. Concrete mixtures to be designed by an approved commercial testing laboratory, using approved materials to obtain specified minimum compressive strength. Submit laboratory analysis of proposed concrete mixture to Owner’s Representative for approval prior to placing concrete. Proportion and mix of cement, aggregate, admixture and water to attain required plasticity and BID 10127 Confluence Plaza Improvements Page 19 of 44 strength in accordance with current edition of ACI Manual of Concrete Practice and PCA "Design and Control of Concrete Mixtures." Subgrade preparation. Remove debris, sand, and other foreign material from concrete sub- slabs that new concrete will be placed over. Blanket placed concrete as needed to protect from inclement weather. Concrete Forming. Ensure that Work conforms to recommended practice for concrete form work (ACI 347), latest edition. Use form lumber that is new #2 or better grade wood or plastic coated plywood for vertical faces. Allow forms to remain in place long enough restrain the concrete during set and for a minimum of 12 hours after pour. Concrete Finishing Concrete flatwork shall be performed under the supervision of a craftsman who has completed the American Concrete Institute (ACI) Concrete Flatwork Finisher and Technician (ACICFFT) training and has five years of experience installing sand finish. The concrete shall be placed and screeded to the finished grade and floated to a uniform surface using standard finishing techniques. Exposed sand finish should be finished using Day1 finishing aid per manufacturer’s written instructions Where necessary, exposed sand finish Work to be installed using smooth forms, stripped while concrete is workable and troweled smooth. Surface retarder will be applied and cleaned off with proper equipment Finish shall match approved mock-up sample. Mask adjacent pavers while placing and finishing concrete. Concrete Jointing Construction and Contraction Joints: 1. Sawcut construction and contraction joints in locations indicated on drawings. 2. Perform jointing with a circular saw – walk behind saws are not acceptable unless of the early entry type to maintain required straightness standards. 3. Joint Width: Per drawings and approved samples. Do not exceed 3/16 inch in width. 4. Sawcut joints in a straight line with no overcutting. Use a hand tool to sawcut up to vertical edges such as walls, steps, curbs and columns. BID 10127 Confluence Plaza Improvements Page 20 of 44 5. Depth of Sawcut Joints: 1/3rd depth of slab. 6. Decorative Sawcut Joints: Per Drawings. 7. Sawcut joints in a straight line with no overcutting. 8. Use a hand tool to sawcut up to vertical edges such as walls, steps, curbs and columns. No cutting into vertical surfaces will be allowed. Concrete Cleaning Prior to sealing, concrete surface must be washed and uniformly cleaned per manufacturer’s recommendations to achieve desired sand exposure. Cleaning may require the use of auto scrubbers and pressure washers. Collection and disposal of slurry per applicable waste disposal regulations. Remove all debris and excess materials from the job site and dispose of in accordance to with all applicable waste disposal regulations. Concrete Curing and Sealing After surface seeded aggregate is complete, cure concrete for a minimum of seven (7) days (or longer) without foot traffic and a minimum of thirty (30) days or longer without vehicular traffic for all Architectural Cast-in-place areas. Contractor shall verify these suggested time frames and shall coordinate this schedule with other related construction. Seal surface of paving using Sealer. Apply sealer to slab seal the sand finish concrete. Follow sealer manufacturer’s directions when applying this product. Unless specified otherwise by the manufacturer, sealer shall be applied in 3 to 6 coats. METHOD OF MEASUREMENT 608.05 Interlocking Concrete Pavers will be measured by the actual square foot of material used. Bedding aggregate and joint sand are incidental to the price of the Work and will not be paid for separately. Color pigment, surface seeded glass aggregate and exposed sand finish shall be incidental to the price of the decorative concrete bands and will not be paid for separately. BASIS OF PAYMENT 608.06 The accepted quantities of pavers will be paid for at the contract unit price for each of the pay items listed below that appear in the bid schedule. Contractor shall furnish materials, labor, transportation, services, sand blasting and other equipment necessary to furnish and install concrete pavers, as detailed on the drawings and specified in this Section. Payment will be made under: Pay Item Pay Unit Salvaged, Interlocking Concrete Pavers Square Foot BID 10127 Confluence Plaza Improvements Page 21 of 44 Decorative Concrete Bands Square Foot Official Purchasing Document Last updated 5/2024 Services Agreement BID 10127 Confluence Plaza Improvements Page 22 of 44 EXHIBIT C PROJECT PLAN SET Willow St. Li n d e n S t r e e t EXISTING ART COLUMNS & FOUNDATIONS, TO REMAIN AND BE PROTECTED, TYP. (2) EXISTING CONCRETE STREET SIGN, PROTECT IN PLACE 1 EXISTING OVERHEAD STRING LIGHTS, TO BE PROTECTED IN PLACE, TYP. EXISTING CONCRETE SEAT WALLS, TO BE PROTECTED IN PLACE, TYP. EXISTING UNDERGROUND UTILITY, PROTECT IN PLACE 3 2 3 3 1 1 1 1603 Oakridge Drive Fort Collins, CO 80525 (970) 223-7577 1201-012-08 L0.1-RE PR E P A R E D F O R PROJECT NUMBER: DA T E : RE V I S I O N : SC A L E : CH E C K E D B Y : DE S I G N E D B Y : PR O J E C T N A M E SHEET NO. CO N F L U E N C E P L A Z A I M P R O V E M E N T S DE M O L I T I O N P L A N RSRS / S R 0' 10'05'2.5' NO R T H 01 / 2 7 / 2 5 1" = 1 0 ' - 0 " DEMOLITION NOTES: REMOVE AND DISPOSE OF THE EXISTING IN-GRADE LIGHT BANDS INCLUDING CONCRETE CHANNELS, LENSES, LIGHT ROPES, RELATED ELECTRICAL COMPONENTS, SAND, AGGREGATE BENEATH THE CHANNELS. THE EXISTING CONCRETE SUB-SLAB SHALL REMAIN AND BE PROTECTED IN PLACE. REFER TO ELECTRICAL DEMOLITION PLANS FOR ADDITIONAL INFORMATION. REMOVE AND SALVAGE EXISTING SOLDIER COURSE CONCRETE PAVERS ABUTTING BOTH SIDES OF IN-GRADE LIGHT BANDS INCLUDING SAND AND AGGREGATE BENEATH THE PAVERS. THE EXISTING CONCRETE SUB-SLAB SHALL REMAIN AND BE PROTECTED IN PLACE. 1 3 2 EXISTING INTERLOCKING CONCRETE PAVERS TO REMAIN. IF PAVERS THAT ARE TO REMAIN ARE DISTURBED BY CONSTRUCTION, THEY SHALL BE RE-INSTALLED. GENERAL NOTE: ITEMS TO BE DEMOLISHED ARE SHOWN IN RED. OTHER EXISTING IMPROVEMENTS ARE TO BE PROTECTED IN PLACE. EXHIBIT C Willow St. Li n d e n S t r e e t 1603 Oakridge Drive Fort Collins, CO 80525 (970) 223-7577 1201-012-08 L1.1-RE PR E P A R E D F O R PROJECT NUMBER: DA T E : RE V I S I O N : SC A L E : CH E C K E D B Y : DE S I G N E D B Y : PR O J E C T N A M E SHEET NO. CO N F L U E N C E P L A Z A I M P R O V E M E N T S PA V I N G P L A N RSRS / S R 0' 10'05'2.5' NO R T H 01 / 2 7 / 2 5 1" = 1 0 ' - 0 " LI N D E N S T R E E T OVERHEAD STRING LIGHT TO REMAIN, TYP. EXISTING PLANTERS, PROTECT IN PLACE, TYP. WILLOW STREET CONFLUENCE DEVELOPMENT 320 WILLOW STREET EXISTING TRASH RECEPTACLES PROTECT IN PLACE, TYP.EXISTING CONCRETE SEAT WALL, PROTECT IN PLACE EXISTING CONCRETE HEADER TO REMAIN, TYP. EXISTING INTERLOCKING PAVERS TO REMAIN, TYP. EXISTING ART FEATURE, PROTECT IN PLACE, TYP. EJ EXISTING CONCRETE CURB HEADER & RAMP TO REMAIN, TYP. EXISTING PAVERS AND PAVER BAND TO REMAIN, TYP. EXISTING UNDERGROUND UTILITY, PROTECT IN PLACE EXISTING CONCRETE HEADER TO REMAIN, TYP. EXISTING PLANTER POTS, PROTECT IN PLACE DECORATIVE CONCRETE BAND, TYP. SEE DECORATIVE CONCRETE BAND SECTION ABUTTING INTERLOCKING PAVERS V-CUT JOINT SAW CUT CONTROL JOINT, SEE DECORATIVE CONCRETE BAND SECTION 1 L2.1-RE 3 L2.1-RE 2 L2.1-RE EJ EJ EXHIBIT C +/ - 5 " VARIES, 7'-6" MAX. 1 8" WIDE SAW-CUT CONTROL JOINT, TYP. SEE PAVING PLAN FOR JOINT LOCATIONS DECORATIVE CONCRETE BAND, SEE PAVING PLAN CONCRETE CONTROL JOINT SPACING VARIES, SEE PAVING PLAN FOR JOINT LOCATIONS EXISTING CONCRETE RAT SLAB BREAK BOND BETWEEN SLABS V-CUT JOINT, TYP. SEE PAVING PLAN FOR JOINT LOCATIONS VARIES 1 1 / 2 " , TY P . +/ - 5 " 1/8" TYP. APPROX. 1'-5" EXISTING INTERLOCKING PAVERS TO REMAIN AND BE RESET IF DISTURBED BY CONSTRUCTION, TYP. EXISTING AGGREGATE AND SAND SUB-BASE TO REMAIN EXISTING CONCRETE RAT SLAB DECORATIVE CONCRETE BAND WITH BOMANITE SANDSCAPE REFINED FINISH OR APPROVED EQUIVALENT BREAK BOND BETWEEN CONCRETE SLABS FILL JOINT BETWEEN PAVERS AND CONCRETE BAND WITH POLYMERIC SAND (BOTH SIDES) 1 4" RADIUS AT EDGES 1 2" 1 4" 5 8" 1 8" SAW CUT JOINT V-CUT JOINT, GRIND TOP 1 4" OF JOINT TO CREATE DECORATIVE 'V' SHAPED GROOVED' JOINT, AS SHOWN. SEE PAVING PLAN FOR LOCATIONS L2.1-RE PR E P A R E D F O R PROJECT NUMBER: PR O J E C T N A M E SHEET NO. CO N F L U E N C E P L A Z A I M P R O V E M E N T S DE T A I L S 1603 Oakridge Drive Fort Collins, CO 80525 (970) 223-7577 RE V I S I O N : SC A L E : CH E C K E D B Y : DE S I G N E D B Y : 1" = 1 ' - 0 " DA T E : 0 1 / 2 7 / 2 5 RSRS / S R SCALE:1"=1'-0"1 DECORATIVE CONCRETE BAND SECTION SCALE:1"=1'-0"2 DECORATIVE CONCRETE BAND SECTION ABUTTING INTERLOCKING PAVERS 1201-012-08 SCALE:1"=1"3 V-CUT JOINT EXHIBIT C J E C T S2 T J ST A 1 + 0 0 T O S T A 4 + 5 0 1201-012-08 E1.0 12 1 8 W . A s h , S u i t e A Wi n d s o r , C o l o r a d o 8 0 5 5 0 Ph o n e : ( 9 7 0 ) 6 7 4 - 3 3 0 0 Fa x : ( 9 7 0 ) 6 7 4 - 3 3 0 3 C O N S U L T I N G G R O U P I N T E R W E S T PR E P A R E D F O R PROJECT NUMBER: DA T E : SC A L E ( H ) : SC A L E ( V ) : CH E C K E D B Y : DE S I G N E D B Y : PR O J E C T N A M E SHEET NO. WI L L O W S T R E E T I M P R O V E M E N T S 100% COMPLETE FOR CONSTRUCTION SI T E P L A N BNDR 10 / 1 7 / 1 9 DEMO NOTES: REMOVE ALL TYPE 'D' LINEAR LED LUMINAIRES AND ASSOCIATED MOUNTING HARDWARE. REMOVE LINE VOLTAGE AND LOW-VOLTAGE CONDUCTORS FROM ALL TYPE 'D' LINEAR LED LUMINAIRES BACK TO SOURCE, LABEL THE BREAKER AS SPARE, AND ABANDON THE CONDUIT IN-PLACE. REMOVE THE GT POWER SUPPLIES AND DIMMERS ASSOCIATED WITH THE TYPE 'D' LUMINAIRES FROM THE CONTROL CABINET. 2 1 21 EXHIBIT C 5.39 6 3 1.39 2 8 Willow St. Li n d e n S t r e e t J J J J WILLOW STREET LI N D E N S T R E E T JJ SCALE:1"=10'-0"1 LINDEN & WILLOW CORNER - ENLARGED LANDSCAPE LIGHTING 1201-012-08 E1.6 12 1 8 W . A s h , S u i t e A Wi n d s o r , C o l o r a d o 8 0 5 5 0 Ph o n e : ( 9 7 0 ) 6 7 4 - 3 3 0 0 Fa x : ( 9 7 0 ) 6 7 4 - 3 3 0 3 C O N S U L T I N G G R O U P I N T E R W E S T PR E P A R E D F O R PROJECT NUMBER: DA T E : SC A L E ( H ) : SC A L E ( V ) : CH E C K E D B Y : DE S I G N E D B Y : PR O J E C T N A M E SHEET NO. WI L L O W S T R E E T I M P R O V E M E N T S 100% COMPLETE FOR CONSTRUCTION EN L A R G E D L A N D S C A P E L I G H T I N G BNDR 10 / 1 7 / 1 9 1 1 1 2 2 DEMO NOTES: REMOVE ALL TYPE 'D' LINEAR LED LUMINAIRES AND ASSOCIATED MOUNTING HARDWARE. REMOVE LINE VOLTAGE AND LOW-VOLTAGE CONDUCTORS FROM ALL TYPE 'D' LINEAR LED LUMINAIRES BACK TO SOURCE, LABEL THE BREAKER AS SPARE, AND ABANDON THE CONDUIT IN-PLACE. REMOVE THE GT POWER SUPPLIES AND DIMMERS ASSOCIATED WITH THE TYPE 'D' LUMINAIRES FROM THE CONTROL CABINET. (TYPICAL) LCC3-2,4,6,8, 10,24 REMOVE CKT#6 BACK TO LCC3 AND LABEL BREAKER AS SPARE 2 1 1 2 2 2 EXHIBIT C 1201-012-08 E1.9 12 1 8 W . A s h , S u i t e A Wi n d s o r , C o l o r a d o 8 0 5 5 0 Ph o n e : ( 9 7 0 ) 6 7 4 - 3 3 0 0 Fa x : ( 9 7 0 ) 6 7 4 - 3 3 0 3 C O N S U L T I N G G R O U P I N T E R W E S T PR E P A R E D F O R PROJECT NUMBER: DA T E : SC A L E ( H ) : SC A L E ( V ) : CH E C K E D B Y : DE S I G N E D B Y : PR O J E C T N A M E SHEET NO. WI L L O W S T R E E T I M P R O V E M E N T S 100% COMPLETE FOR CONSTRUCTION PA N E L S C H E D U L E DR BN 10 / 1 7 / 1 9 SPARE PANEL SCHEDULE DEMO NOTES: REMOVE CKT#6 FROM TYPE 'D' LUMINAIRES AND ASSOCIATED GT POWER SUPPIED BACK TO LCC3 AND LABEL BREAKER AS SPARE. 1 1 EXHIBIT C Official Purchasing Document Last updated 5/2024 Services Agreement BID 10127 Confluence Plaza Improvements Page 29 of 44 EXHIBIT D SAMPLE SERVICES AGREEMENT (FOR REFERENCE ONLY – DO NOT SIGN) SERVICES AGREEMENT This SERVICES AGREEMENT (AGREEMENT) made and entered into the day and year set forth in the Agreement Period section below by and between the CITY OF FORT COLLINS, COLORADO, a Colorado Municipal Corporation, (CITY) and , a(n) [enter state] [business type], (CONTRACTOR). WITNESSETH: In consideration of the mutual covenants and obligations herein expressed, it is agreed by and between the parties hereto as follows: 1. Scope of Services. The CONTRACTOR agrees to provide Services in accordance with the Scope of Services (Services) attached hereto as Exhibit A, consisting of [# of Pages] and incorporated herein. Irrespective of references to named third parties in this AGREEMENT and its Exhibits, the CONTRACTOR shall be solely responsible for performance of all duties hereunder. 2. Changes. The CITY may, at any time during the term of the AGREEMENT, make changes to the AGREEMENT. Such changes shall be agreed upon in writing by the parties. 3. Agreement Period. This AGREEMENT shall commence , 20 (the Effective Date) and shall continue in full force and effect until , 20 , unless sooner terminated as herein provided. 4. Early Termination by CITY. Notwithstanding the time periods contained herein, the CITY may terminate this AGREEMENT at any time without cause or penalty by providing at least ten (10) calendar days written notice of termination to the CONTRACTOR. 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) calendar days of the effective date of termination. Payment shall be the CONTRACTOR's sole right and remedy for such termination. 5. Notices. All notices provided under this AGREEMENT shall be effective immediately when emailed or three (3) business days from the date of the notice when mailed to the following addresses: Official Purchasing Document Last updated 5/2024 Services Agreement BID 10127 Confluence Plaza Improvements Page 30 of 44 CONTRACTOR: CITY: Copy to: Attn: John Gerwel PO Box 580 Fort Collins, CO 80522 jgerwel@fcgov.com Attn: Purchasing Dept. PO Box 580 Fort Collins, CO 80522 purchasing@fcgov.com All notices under this AGREEMENT shall be written. 6. Compensation. In consideration of the Services to be performed pursuant to this AGREEMENT, the CITY agrees to pay the CONTRACTOR in accordance with Exhibit [choose one], consisting of [# of Pages], attached and incorporated herein. Monthly partial payments based upon the CONTRACTOR's billings and itemized statements are permissible. The amounts of all such partial payments shall be based upon the CONTRACTOR's CITY-verified progress in completing the Services to be performed pursuant hereto and upon the CITY's approval of the CONTRACTOR's actual reimbursable expenses. Final payment shall be made following acceptance by the CITY of the Services. Invoices shall be emailed to invoices@fcgov.com with a copy to the CITY Project Manager. The cost of the Services completed shall be paid to the CONTRACTOR following the submittal of a correct itemized invoice by the CONTRACTOR. 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 undisputed invoices on Net 30 days from the date of the invoice submittal to the CITY or, for disputed invoices, Net 30 days from the date of CITY Project Manager’s approval. 7. Design and Service Standards. The CONTRACTOR warrants and shall be responsible for the professional quality, technical accuracy, accessibility requirements under ADA and Public Accommodations and Technology Accessibility sections below, timely completion and the coordination of all Services rendered by the CONTRACTOR, and the Project Instruments as defined in the Project Instruments and License section below. The CONTRACTOR shall, without additional compensation, promptly remedy and correct any errors, omissions, or other deficiencies from such standards. 8. Indemnification. The CONTRACTOR shall indemnify, defend, and hold harmless the CITY and its officers and employees, to the maximum extent permitted under Colorado law, against and from any and all actions, suits, claims, demands, or liability of any character whatsoever claimed by the CONTRACTOR or third parties against the CITY arising out of or related to this AGREEMENT (including but not limited to contract, tort, intellectual property, accessibility, or otherwise). This obligation extends to reimbursement of the CITY's defense costs and reasonable attorney’s fees. 9. Insurance. The CONTRACTOR shall maintain insurance in accordance with Exhibit [choose one] consisting of [# of Pages], attached and incorporated herein. Official Purchasing Document Last updated 5/2024 Services Agreement BID 10127 Confluence Plaza Improvements Page 31 of 44 10. Appropriation. To the extent this AGREEMENT or any provision in it. requires payment of any nature in fiscal years subsequent to the current fiscal year and constitutes a multiple fiscal year debt or financial obligation of the CITY, it shall be subject to annual appropriation by Fort Collins 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 there are no pledged cash reserves or supporting appropriations pledged irrevocably for purposes of payment obligations herein. Non-appropriation by the CITY shall not be construed as a breach of this AGREEMENT. 11. Project Instruments and License. a. Upon execution of this AGREEMENT, the CONTRACTOR grants to the CITY an irrevocable, unlimited and royalty free license to use any and all sketches, drawings, as- builts, specifications, designs, blueprints, data files, calculations, studies, analysis, renderings, models, plans, reports, and other deliverables (Project Instruments), in any form whatsoever and in any medium expressed, for purposes of constructing, using, maintaining, altering and adding to the project, provided that the CITY substantially performs its obligations under the AGREEMENT. The license granted hereunder permits the CITY and third parties reasonably authorized by the CITY to reproduce applicable portions of the Project Instruments for use in performing the Services or construction for the project. In addition, the license granted hereunder shall permit the CITY and third parties reasonably authorized by the CITY to reproduce and use the Project Instruments for similar projects, provided however, in such event the CONTRACTOR shall not be held responsible for the design to the extent the CITY deviates from the Project Instruments. This license shall survive termination of the AGREEMENT by default or otherwise. b. Upon payment of each invoice, associated Project Instruments rendered by the CONTRACTOR shall become the CITY’s property. The CONTRACTOR shall provide the CITY with the Project Instruments in electronic format in a mutually agreed upon file type. 12. CITY Project Manager. The CITY will designate, before commencement of the Services, the CITY Project Manager who will make, within the scope of their authority, all necessary and proper decisions with reference to the Services provided under this AGREEMENT. All requests for contract interpretations, change order, and other clarification or instruction shall be directed to the CITY Project Manager. The initial CITY Project Manager for this AGREEMENT is John Gerwel and can be reached at jgerwel@fcgov.com. The CITY Project Manager is subject to change by the CITY. 13. Independent Contractor. The Services to be performed by the CONTRACTOR are those of an independent contractor and not of an employee of the CITY. The CITY shall not be responsible for withholding or remitting any portion of CONTRACTOR's compensation hereunder or any other amounts on behalf of CONTRACTOR for the payment of FICA, Official Purchasing Document Last updated 5/2024 Services Agreement BID 10127 Confluence Plaza Improvements Page 32 of 44 Workmen's Compensation, unemployment insurance, other taxes or benefits or for any other purpose. 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. Subcontractors/Subconsultants. CONTRACTOR may not subcontract any of the Services without the prior written consent of the CITY, which shall not be unreasonably withheld. If any of the Services are subcontracted hereunder (with the consent of the CITY), then the following provisions shall apply: a. the subcontractor 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 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 and the CITY, nor will it obligate the CITY to pay or see to the payment of any subcontractor; and d. the work of the subcontractor will be subject to inspection by the CITY to the same extent as the work of the CONTRACTOR. The CONTRACTOR shall require all subcontractor/subconsultants performing Service(s) hereunder to maintain insurance coverage naming the CITY as an additional insured under this AGREEMENT in accordance with Exhibit [choose one]. The CONTRACTOR shall maintain a copy of each subcontractor’s/subconsultant’s certificate evidencing the required insurance. Upon request, the CONTRACTOR shall provide the CITY with a copy of the certificate(s) within two (2) business days. The CONTRACTOR shall be responsible for any liability directly or indirectly arising out of the Services performed under this AGREEMENT by a subcontractor/subconsultant, which liability is not covered by the subcontractor/subconsultant's insurance. 16. Acceptance Not Waiver. The CITY's approval of Project Instruments furnished hereunder shall not in any way relieve the CONTRACTOR of responsibility for the quality or technical accuracy of the Services. 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 or benefits provided to the CITY under this AGREEMENT. 17. Warranty. Official Purchasing Document Last updated 5/2024 Services Agreement BID 10127 Confluence Plaza Improvements Page 33 of 44 a. CONTRACTOR warrants that all Services performed hereunder shall be performed with the highest degree of competence and care in accordance with accepted standards for Services of a similar nature. b. Unless otherwise provided in the AGREEMENT, all materials and equipment incorporated into any Services shall be new and, where not specified, of the most suitable grade of their respective kinds for their intended use, and all Services must be of a quality acceptable to CITY. c. CONTRACTOR warrants all equipment, materials, labor and other Services, provided under this AGREEMENT, except CITY-furnished materials, equipment and labor, against defects and nonconformances in design, materials and Service quality for the original manufacturer’s warranty term or a period beginning with the start of the Services and ending twenty-four (24) months from and after final acceptance under the AGREEMENT, whichever is time is longer, regardless of whether the same were furnished or performed by CONTRACTOR or by any of its subcontractors of any tier. Upon receipt of written notice from the CITY of any such defect or nonconformances, the affected item or part thereof shall be redesigned, repaired or replaced by CONTRACTOR in a manner and at a time acceptable to CITY. 18. 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, that party may be declared in default upon notice. 19. Remedies. In the event a party has been declared in default, that defaulting party shall be allowed a period of ten (10) calendar days from the date of notice 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. In the event of a dispute between the parties regarding this AGREEMENT, each party shall bear its own attorney fees and costs, except as provided for in the Indemnification and Technology Accessibility sections. 20. Entire Agreement; Binding Effect; 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 the matter recited herein. This AGREEMENT supersedes any prior agreements, promises, or understandings as to the matter recited herein. The AGREEMENT 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 Official Purchasing Document Last updated 5/2024 Services Agreement BID 10127 Confluence Plaza Improvements Page 34 of 44 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. 21. Law/Severability. The laws of the State of Colorado and the City of Fort Collins Charter and Municipal Code shall govern the construction, interpretation, execution, and enforcement of this AGREEMENT—without regard to choice of law or conflict of law principles. 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 U.S. District Court for the District of Colorado. In the event any provision of this AGREEMENT shall be held invalid or unenforceable by any court of competent jurisdiction, that holding shall not invalidate or render unenforceable any other provision of this AGREEMENT. 22. Prohibition Against Unlawful Discrimination. The CONTRACTOR acknowledges that the CITY, 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); C.R.S. § 24-34-401, and any associated State or Federal laws and regulations 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. Pursuant to CITY 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 CONTRACTOR shall 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 Contractors and their subcontractors at every tier. 23. ADA and Public Accommodations. In performing the Services required hereunder, the CONTRACTOR agrees to meet all requirements of the Americans with Disabilities Act of 1990, C.R.S. § 24-85-101, and all applicable rules and regulations (ADA), and all applicable Colorado public accommodation laws, which are imposed directly on the CONTRACTOR or which would be imposed on the CITY as a public entity. 24. Technology Accessibility. The CONTRACTOR represents that the Project Instruments hereunder, shall fully comply with all applicable provisions of C.R.S. § 24-85-101, and the Accessibility Standards for Individuals with a Disability, as established by the State of Colorado Governor’s Office of Information Technology (OIT) pursuant to C.R.S. § 24-85-103 (2.5), including all updates and amendments to those standards as provided by the OIT. The CONTRACTOR shall also comply with all State of Colorado technology standards related to technology accessibility and with Level AA of the most current version of the Web Official Purchasing Document Last updated 5/2024 Services Agreement BID 10127 Confluence Plaza Improvements Page 35 of 44 Content Accessibility Guidelines (WCAG), incorporated in the State of Colorado technology standards. To confirm that the Project Instruments meet these standards, the CONTRACTOR may be required to demonstrate compliance.  The CONTRACTOR shall indemnify, save, and hold harmless the CITY against any and all costs, expenses, claims, damages, liability, court awards and other amounts (including attorneys’ fees and related costs) incurred by the CITY in relation to the CONTRACTOR’s failure to comply with C.R.S. § 24-85-101, or the Accessibility Standards for Individuals with a Disability as established by OIT pursuant to C.R.S. § 24-85-103 (2.5). The CITY may require the CONTRACTOR’s compliance to the State’s Accessibility Standards to be determined by a third party selected by the CITY to attest to the Project Instruments and software compliance with C.R.S. § 24-85-101, and the Accessibility Standards for Individuals with a Disability as established by OIT pursuant to C.R.S. § 24-85-103 (2.5). 25. Data Privacy. CONTRACTOR will comply with all applicable data privacy regulations and laws, specifically including Colorado’s Privacy Act, C.R.S § 6-1-1301 (the Privacy Act). CONTRACTOR shall ensure that each person processing any personal data connected to the Services is subject to a duty of confidentiality with respect to the data. If applicable, CONTRACTOR shall require that any subcontractors meet the obligations of CONTRACTOR with respect to any personal data connected to this AGREEMENT. The Parties agree that upon termination of the Services that CONTRACTOR shall, at the CITY’s choice, delete or return all personal data to the CITY unless retention of the personal data is required by law. CONTRACTOR shall make available to the CITY all information necessary to demonstrate compliance with the obligations of the Privacy Act. CONTRACTOR shall allow for, and contribute to, reasonable audits and inspections by the CITY or the CITY’s designated auditor. 26. 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, and under any other applicable law. 27. Colorado Open Records Act. The CONTRACTOR acknowledges the CITY is a governmental entity subject to the Colorado Open Records Act, C.R.S. § 24-72-201 (CORA), and documents in the CITY’s possession may be considered public records subject to disclosure under the CORA. 28. Delay. Time is of the essence. Subject to Force Majeure , if the CONTRACTOR is temporarily delayed in whole or in part from performing its obligations, then the CONTRACTOR shall provide written notice to the CITY within two (2) business days defining the nature of the delay. Provision of written notice under this Section shall not operate as a Official Purchasing Document Last updated 5/2024 Services Agreement BID 10127 Confluence Plaza Improvements Page 36 of 44 waiver of any rights or benefits provided to the CITY under this AGREEMENT. 29. Force Majeure. No Party hereto shall be considered in default in the performance of an obligation hereunder to the extent that performance of such obligation is delayed, hindered, or prevented by force majeure. Force majeure shall be any cause beyond the control of the party that could not reasonably have been foreseen and guarded against. Force majeure includes, but is not limited to, acts of God, fires, riots, pandemics, incendiarism, interference by civil or military authorities, compliance with regulations or orders of military authorities, and acts of war (declared or undeclared), provided such cause could not have been reasonably foreseen and guarded against by the affected party. Force majeure shall not include increases in labor, commodity, utility, material, supply, fuel, or energy costs, or compliance with regulations or orders of civil authorities. To the extent that the performance is actually prevented, the CONTRACTOR must provide notice to the CITY of such condition within ten (10) calendar days from the onset of such condition. 30. 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 has implemented this manual for all projects performed for the CITY or located within Fort Collins city limits. 31. Special Provisions. Special provisions or conditions relating to the Services to be performed pursuant to this AGREEMENT are set forth in Exhibit [choose one] - Confidentiality, consisting of four (4) pages, incorporated herein. 32. Order of Precedence. In the event of a conflict or inconsistency within this AGREEMENT, the conflict or inconsistency shall be resolved by giving preference to the documents in the following order of priority: a. The body of this AGREEMENT (and any written amendment), b. Exhibits to this AGREEMENT, and c. The Purchase Order document. 33. Prohibited Terms. Nothing in any Exhibit or other attachment shall be construed as a waiver of any provision above. Any terms included in any Exhibit or other attachment that requires the CITY to indemnify or hold CONTRACTOR harmless; requires the CITY to agree to binding arbitration; limits CONTRACTOR’s liability; or that conflicts with statute, City Charter or City Code in any way, shall be void. [Signature Page Follows] Official Purchasing Document Last updated 5/2024 Services Agreement BID 10127 Confluence Plaza Improvements Page 37 of 44 THE CITY OF FORT COLLINS, COLORADO By: Gerry Paul, Purchasing Director Date: ATTEST: APPROVED AS TO FORM: CONTRACTOR By: Printed: Title: Date: Official Purchasing Document Last updated 5/2024 Services Agreement BID 10127 Confluence Plaza Improvements Page 38 of 44 EXHIBIT A SCOPE OF SERVICES Official Purchasing Document Last updated 5/2024 Services Agreement BID 10127 Confluence Plaza Improvements Page 39 of 44 EXHIBIT [CHOOSE ONE] BID SCHEDULE/ COMPENSATION The following pricing shall remain fixed for the initial term of this AGREEMENT. Any applicable price adjustments may only be negotiated and agreed to in writing at the time of renewal. Official Purchasing Document Last updated 5/2024 Services Agreement BID 10127 Confluence Plaza Improvements Page 40 of 44 EXHIBIT [CHOOSE ONE] 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. Official Purchasing Document Last updated 5/2024 Services Agreement BID 10127 Confluence Plaza Improvements Page 41 of 44 EXHIBIT [CHOOSE ONE] CONFIDENTIALITY IN CONNECTION WITH THE SERVICES to be provided by CONTRACTOR 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, CONTRACTOR 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 CONTRACTOR 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 CONTRACTOR 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. CONTRACTOR 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. Official Purchasing Document Last updated 5/2024 Services Agreement BID 10127 Confluence Plaza Improvements Page 42 of 44 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, CONTRACTOR 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, CONTRACTOR 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. CONTRACTOR 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) CONTRACTOR’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 Official Purchasing Document Last updated 5/2024 Services Agreement BID 10127 Confluence Plaza Improvements Page 43 of 44 • 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. CONTRACTOR may use subcontractors, though such activity shall not release or absolve CONTRACTOR 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 CONTRACTOR 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 CONTRACTOR 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 CONTRACTOR 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 CONTRACTOR breaches any of the terms of this Exhibit, in the CITY’s sole discretion, the CITY may immediately terminate this AGREEMENT and withdraw CONTRACTOR’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. CONTRACTOR 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 Official Purchasing Document Last updated 5/2024 Services Agreement BID 10127 Confluence Plaza Improvements Page 44 of 44 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.