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HomeMy WebLinkAboutBID - 10131 Concrete Products ITB 10131 Concrete Products Page 1 of 11 INVITATION TO BID 10131 CONCRETE PRODUCTS BIDS DUE: 3:00 PM MT (our clock), April 10, 2025 The City of Fort Collins Light and Power Utility is requesting bids from approved suppliers for supplying Flowable Fill (a.k.a. Non-Yielding), Ready Mix Concrete, Slurry Concrete, Sand and Water Mix and Pumpable Flowable Fill in accordance with Specification 366-501, attached hereto as Exhibit A and incorporated by this reference. Rocky Mountain E-Purchasing System hosted by BidNet As part of the City’s commitment to Sustainable Purchasing, electronic bid submission is required. 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. A copy of the Bid may be obtained at http://www.bidnetdirect.com/colorado/city-of-fort-collins. Any additional questions should be submitted, in writing via email, to JD McCune, Senior Buyer at jmccune@fcgov.com, no later than 3:00 PM MT (our clock) on March 28, 2025. Please format your e-mail to include: ITB 10131 Concrete Products 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. 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. Financial Services Purchasing Division 215 N. Mason St. 2nd Floor PO Box 580 Fort Collins, CO 80522 970.221.6775 fcgov.com/purchasing ITB 10131 Concrete Products Page 2 of 11 The City requires its Service Providers 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 Service Providers 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. Service Providers may submit one (1) additional complete proposal clearly marked “FOR PUBLIC VIEWING.” In this version of the proposal, Service Providers 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, Service Providers 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. 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. Submission of a bid is deemed as acceptance of all terms, conditions and specifications contained in the City's specifications initially provided to the Service Provider. 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. Service Providers 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 of Fort Collins reserves the right to split the Bid award to multiple Service Providers as deemed by the City to be most advantageous. The City reserves the right to accept or reject any and all bids, and to waive any irregularities or informalities. ITB 10131 Concrete Products Page 3 of 11 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 the unit prices submitted. 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. 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. Service Provider Registration: The City requires new Service Providers receiving awards from the City to submit IRS form W-9 and requires all Service Provider to accept Direct Deposit (Electronic) payment. If needed, the W-9 form and the Service Provider Direct Deposit Authorization Form can be found on the City’s Purchasing website at www.fcgov.com/purchasing under Service Provider 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 ITB 10131 Concrete Products Page 4 of 11 CITY OF FORT COLLINS GENERAL INFORMATION The City of Fort Collins Light and Power Utility is requesting bids from approved suppliers for supplying Flowable Fill (a.k.a. Non-Yielding), Ready Mix Concrete, Slurry Concrete, Sand and Water Mix and Pumpable Flowable Fill in accordance with Specification 366-501, attached hereto as Exhibit A. 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: March 18, 2025 • Question deadline: 3:00 PM MT on March 28, 2025 • Addendum Due: April 3, 2025 • Bid Due Date: 3:00 PM MT (our clock) on April 10, 2025 Method of Award The City may elect to award each material individually, by line item or as a total package, or to all Service Providers responding, whichever is in the best interest of the City. Additionally, each material may be split between two or more Bidders. Award(s) from this bid will be based primarily on lowest bid price. Delivery lead times and exceptions taken will also be considered. Satisfactory pricing and delivery are required for future orders based on this bid. Included in this Invitation to Bid is a sample Agreement that the City intends to use for obtaining the Services of the Service Provider, attached as Exhibit B. The Service Provider is required to review this Agreement and indicate any objections to the terms of the Agreement. If revisions to the Agreement terms are requested, provide suggested revisions with the Bid Submittal. The initial Agreement will be effective for a period of one (1) year. At the sole option of the City, the Agreement may be extended for additional one (1) one-year periods for up to two (2) additional one (1) year periods. Renewals and pricing changes shall only be negotiated and agreed to by both parties at the time of renewal. Written notice of renewal shall be provided to the Service Provider and mailed no later than thirty (30) days prior to the Agreement expiration date. Invoices & Payments Invoices should be emailed monthly or after a shipment to invoices@fcgov.com with a copy to the Project Manager. The cost of the item(s) delivered shall be paid to the Service Provider each month following the submittal of a correct invoice. Service Provider should include Purchase Order Number and a detailed description of item(s) on each invoice submitted. The City pays invoices on Net 30 terms. ITB 10131 Concrete Products Page 5 of 11 Laws and Regulations The Service Provider 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). Fees, Licenses, Permits The successful Service Provider(s) 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. Insurance Service Provider(s) are responsible for providing the City with insurance as required in the attached Agreement. Dust Control The Service Provider 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. ITB 10131 Concrete Products Page 6 of 11 CONCRETE REQUIREMENTS SPECIFICATIONS AND APPROVED SERVICE PROVIDERS: The City of Fort Collins Light and Power Utility (City) requires all firms supplying Flowable Fill (a.k.a. Non-Yielding), Ready Mix Concrete, Slurry Concrete, Sand and Water Mix and Pumpable Flowable Fill to conform to the attached Exhibit A, Material Specification #366-501. An important aspect of the specifications is Section 7.0 Requirements to be an Approved Supplier (prequalification). Due to the extensive test data, certification of the supplier's plant, and references requested, only those Suppliers listed on Appendix A Approved Suppliers Specification 366-501 may bid these requirements. All Approved Suppliers must be located within 10 miles of Fort Collins' urban growth area. Firms wishing to be approved for future work can submit all required documentation for approval at any time. The City will analyze the documentation and determine the firm's status of approval. The firm will be notified immediately of their status, however firms not currently approved by the City will not be eligible for this ITB.. Delivery Time: Service Provider must deliver concrete a minimum of 2 hours and a maximum of 24 hours after the order is called in, unless agreed otherwise by the City. The City will give Service Provider as much time as possible for large deliveries. Please reference Section 4.0 of Material Specification #366-501 for more details about delivery requirements. Admixtures: Due to the detailed specifications for these materials, there will be no adders bid for admixtures. ITB 10131 Concrete Products Page 7 of 11 CITY OF FORT COLLINS 10131 BID SUBMITTAL INSTRUCTIONS The following items must be provided in the bid submittal package: • Bid Schedule Form: The Bid Schedule Form is provided as a separate document in word format as an attachment in Bidnet, or in PDF format in the Solicitation document. Please only fill out one version of the Bid Submittal. One version must be filled out completely to be considered responsive for this Bid. • References: Form is provided as a separate document in word format, or in PDF format in the Solicitation document, Please only fill out one version. One version must be filled out completely to be considered responsive for this Bid. • Service Provider Acknowledgement: The Acknowledgement Form is provided as a separate document in word format, or in PDF format in the Solicitation document. Please only fill out one version. One version must be filled out completely to be considered responsive for this Bid. Failure to submit any of the above may result in your bid being considered non-responsive. ITB 10131 Concrete Products Page 8 of 11 10131 CONCRETE PRODUCTS BID SUBMITTAL FORM SERVICE PROVIDER NAME: ___________________________________________________ BID SCHEDULE A. Pricing Cost of material includes batching, handling and delivery (within the Fort Collins urban growth area). See attached Material Specification 366-501 for complete specifications. 1. Flowable-Fill (a.k.a. Non-yielding) Backfill, 3/8” $____________/cy 2. Ready-Mix Concrete, ¾” (#57/67) $____________/cy 3. Slurry, 5/8” $____________/cy 4. Sand and Water $____________/cy 5. Pumpable Flowable Fill 5/8” (#57/67) $____________/cy B. Delivery Over 5 miles from urban growth area of Fort Collins, not in the mountains, ADD $_________ per load mile. Over 5 miles from urban growth area of Fort Collins, in mountains, ADD $_________ per load mile. List the volume (cy) of a full load for the various sizes of trucks available. Additional charges if less than full load is $ cy/load. Additional charges for weekends or nighttime $ cy/load. ITB 10131 Concrete Products Page 9 of 11 REFERENCES Client: Contact Name: Title: Phone: Email: Please note: The City reserves the right to request and contact additional references. ITB 10131 Concrete Products Page 10 of 11 ACKNOWLEDGEMENT Service Provider 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 10131 Concrete Products as otherwise noted. Additionally, Service Provider 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 Service Provider’s knowledge and belief. b. Service Provider commits that it is able to meet the terms provided in this Invitation to Bid. c. This proposal is a firm and binding offer, for a period of 90 days from the date hereof. d. Service Provider further agrees that the method of award is acceptable. e. Service Provider acknowledges receipt of addenda. f. Service Provider acknowledges no conflict of interest. g. 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. Service Providers may submit one (1) additional complete proposal clearly marked “FOR PUBLIC VIEWING.” In this version of the proposal, Service Providers 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, Service Providers 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. ITB 10131 Concrete Products Page 11 of 11 Legal Firm Name: Remit to Address: Name of Authorized Agent of Firm: Email of Authorized Agent of Firm: Signature of Authorized Agent: Title: Email Address: Phone: Cell Phone: THE CITY OF FORT COLLINS UTILITIES Electric Department P.O. Box 580 Fort Collins, CO 80522 SPECIFICATION NO: 366-501, Revision K TITLE: Material Specification for Ready Mix Concrete, Slurry Concrete, Flowable Fill (a.k.a. Non-Yielding) Backfill, and Sand and Water Mix UPDATED BY: Christian Gottschalk Standards Engineering APPROVED BY: Jim Spaulding Standards Engineering Lead ORIGINATED: April 10, 1990 LAST REVISED: February 13, 2025 EXHIBIT A Rev. K Material Specification 366-501 Page 2 REVISION DESCRIPTIONS REVISION DESCRIPTION APPROVED REVISION A  Change Flow-Fill backfill spec for 28 day compressive strength from 60 psi min. and 90 psi max. to 60 psi max. (no min) 4-10-90 DM REVISION B  Add Fort Collins Ready-Mix to the approved suppliers list for slurry concrete 7-16-93 DM REVISION C  Add Bestway Concrete to the approved suppliers list for ready- mix concrete, Flow-Fill backfill, and sand & water mix 5-30-91 DM REVISION D  Add Bestway Concrete to the approve suppliers list for slurry concrete 6-25-92 DM REVISION E  Remove Bestway concrete from the approved suppliers list per letter from James O’Neill 11-14-94 BV REVISION F  Correct zip code on mailing address of purchase and risk management 6-8-95 DM REVISION G  Correct phone number of Doug Martine 6-8-95 DM REVISION H  Add EZ pour Ready-Mix to approved suppliers list 10-10-05 BV REVISION I  Clarified material specification references  Added Table 1 title for concrete temperature requirements  Added reference to section 7 test requirements in Section 5  Added table 2 to mix designs section to more clearly define the desired properties of mixes  Updated approved suppliers list  Converted spec to Word doc  Changed L&P contact person to Standards Engineering Manager 2-4-16 JS / KEB Revision J  Updated delivery conditions in 4.0.2  Updated mix design table to include a pumpable flowable fill and thermal properties for the existing mixes. 1/22/2021 JS/KB Revision K  Updated paragraph 4, section 4.0.3 to ensure mixes are pre- mixed before delivery to job site.  Updated aggregate sizes for slurry and pumpable flowable fill in table 2.  Updated paragraph 7 contact information  Updated Approved Manufacturer listing  Removed On-Demand from conditionally approved manufacturers. 2/13/2025 CG/JS Rev. K Material Specification 366-501 Page 3 Table of Contents 1. SCOPE .................................................................................................................................................. 4 2. APPLICABLE DOCUMENTS ................................................................................................................. 4 3. GENERAL REQUIREMENTS FOR CONCRETE PRODUCTION AND DELIVERY ............................. 4 3.1 MATERIALS ........................................................................................................................................ 5 3.2 CONCRETE BATCHING AND HANDLING ........................................................................................ 6 4. DELIVERY ............................................................................................................................................. 6 5. MIX DESIGNS ....................................................................................................................................... 6 6. FIELD CONTROL TESTING ................................................................................................................. 8 7. REQUIREMENTS TO BE AN APPROVED SUPPLIER ........................................................................ 8 8. WITHDRAWAL OF CONTRACTUAL AWARD ...................................................................................... 9 9. EVALUATION OF PROPOSALS ........................................................................................................... 9 Rev. K Material Specification 366-501 Page 4 1. SCOPE This specification sets forth minimum requirements for the making, delivery and off-loading of concrete mixtures and sand & water mix as described in this document, for use by the City of Ft. Collins Light and Power utility. Finishing will be by the City. 2. APPLICABLE DOCUMENTS  American society for Testing and Materials (ASTM) o ASTM C31 / C31M; Standard Practice for Making and Curing Concrete Test Specimens in the Field o ASTM C33; Standard Specification for Concrete Aggregates o ASTM C39 / C39M; Standard Test Method for Compressive Strength of Cylindrical Concrete Specimens o ASTM C136; Standard Test Method for Sieve Analysis of Fine and Coarse Aggregates o ASTM C143; Standard Test Method for Slump of Hydraulic Cement Concrete o ASTM C150; Standard Specification for Portland Cement o ASTM C618; Standard Specification for Coal Fly Ash and Raw or Calcined Natural Pozzolan for Use in Concrete o ASTM C260; Standard Specification for Air-Entraining Admixtures for Concrete o ASTM 989; Standard Specification for Ground Granulated Blast-Furnace Slag for Use In Concrete and Mortars.  American Concrete Institute (A.C.I) standards o ACI 304; Guide for Measuring, Mixing, Transporting, and Placing Concrete 3. GENERAL REQUIREMENTS FOR CONCRETE PRODUCTION AND DELIVERY Production, transportation, and off-loading shall be by a company specializing in providing concrete mixtures and services normally associated with concrete production and delivery. Personnel at the batching and mixing plant, as well as the delivery driver shall be qualified and experienced. Rev. K Material Specification 366-501 Page 5 3.1 MATERIALS 3.1.1 Cement shall be standard brand Portland cement, conforming to ASTM C150 for Type I-II. 3.1.2 Water shall be potable, clean and free from objectionable quantities of silty organic matter, alkali, salts and other impurities. 3.1.3 Fine Aggregate shall be clean, hard natural sand conforming to ASTM C33. 3.1.4 Coarse Aggregate shall be hard, durable, clean crushed stone or gravel conforming to ASTM C33. 3.1.5 Air Entraining Agent shall conform to ASTM C260. The air entraining agent shall be added to the batch in a portion of the mixing water. The solution shall be batched by means of a mechanical batcher capable of accurate measurement. 3.1.6 Admixture may be added to concrete mixes to control the set, effect water reduction and increase workability. The admixture shall be water-reducing normal or retarding admixture conforming to ASTM C 494 but shall contain no calcium chloride. The required quantities of cement shall be used in the mix regardless of whether or not any admixture is used. The quantity of admixture used and the method of mixing shall be in accordance with the manufacturer’s instructions. 3.1.7 Fly Ash shall conform to ASTM C618 Type C or F. 3.1.8 Water, or other additives, added at the job site by the truck driver shall be the responsibility of the providing company, unless directed by Light and Power personnel. 3.1.9 The temperature of the material, when off-loaded from the delivery truck shall not exceed 90 °F. In cold weather conditions, the temperature of material at the time of mixing shall not be less than that indicated in the following table for corresponding outdoor temperature (in shade) existing at the time of placement. Table 1 – Concrete Temperature Requirements Outdoor Temperature Minimum Concrete Temperature T < 30°F 70°F 30°F ≤ T ≥ 45°F 60°F T > 45°F 45°F Rev. K Material Specification 366-501 Page 6 3.2 CONCRETE BATCHING AND HANDLING 3.2.1 The ready-mix batch plant equipment and facilities must comply with the requirements of ACI 304 and ASTM C94. 3.2.2 Concrete shall be measured, mixed, and delivered in accordance with ASTM C94. All concrete not placed within 1 ½ hours of initial contact of cement and water shall be rejected. 3.2.3 Where additional water is added to concrete mixes, it shall be mixed thoroughly for 40 revolutions of drum or 3 ½ minutes at mixing speed, whichever is greater. 3.2.4 Bidder agrees to on-site plant inspections without prior notice both prior to bid award and during the period of the contract. Inspections will be during normal working hours. 4. DELIVERY 4.0.1 Material shall be delivered to the job site, at various locations around Fort Collins, in truck mixers of the revolving drum type. Trucks shall be equipped with a mixing water tank. 4.0.2 Contractor shall strive to deliver concrete product to work site within 24 hours of order placement, unless an alternate timeframe is mutually agreed upon by the Contractor and Light and Power. City shall strive to provide as much notice as practical (up to 1 week) for large deliveries (exceeding 50 yards). 4.0.3 All deliveries shall fulfill the volume of concrete product requested per delivery and shall arrive to the jobsite pre-mixed. At the City’s option, it may be necessary for one delivery truck to be standing by at the work site ready to unload upon completion of delivery from another truck. 4.0.4 A delivery ticket shall be prepared for each load of material delivered. A copy of each ticket shall be handed to the Light and Power crew chief (or his designate) by the truck operator at the time of delivery. Tickets shall show the mix identification, the number of cubic yards delivered, the outdoor temperature in the shade, the time at which the cement was added, and the numerical sequence of the delivery. 5. MIX DESIGNS 5.0.1 Mix designs shall conform to the performance requirements of Table 2 in this specification. A written mix design of the bidder’s proposed material meeting those requirements shall be included with the bid. 5.0.2 Design mix shall contain all admixtures required by these specifications and proposed by the bidder to be used in the mixture. 5.0.3 In lieu of designing new mixes for each bid proposal, existing mix designs meeting all requirements specified for each mix and used successfully on previous bids may be used provided the following test information consistent with the requirements of Section 7 in this specification is submitted with the bid proposal: A. Report of mix design and previous test results for that exact mix. B. Reports of at least 3 sets of 7 and 28-day compressive strength tests for ready-mix concrete. C. Reports of 3 sets of 24-hour and 28-day compressive strength tests for Flow-Fill backfill mix made during the last six months. Rev. K Material Specification 366-501 Page 7 D. Reports of compliance tests of fine and coarse aggregates made during the last six months. Table 2 – Mix Designs and Performance Requirements Performance Requirements Flowable-Fill Ready-Mix Concrete Slurry Sand & Water Pumpable Flowable Fill Application Trench and underground power conduit encasement Transformer pads, sidewalk repair, setting bollards, reinforcing 90o bends on long cable pulls, shallow circuit protection Duct Bank encasement concrete Encasement around vaults and streetlight poles Pumpable backfill for large directional boring casings. 24-hour Strength Min: 8 psi Max: 12 psi - 180 psi 7 day Strength Min: 2,000 psi - 28 day Strength Max: 100 psi Min: 3,000 psi Min: 3,000 psi - Max Aggregate Size 3/8” 3/4” (#57/67) 5/8” - 5/8” (#57/67) Slump-at point of placement Min: 5” Max: 8” Min: 3” Max: 4” Min: 7” Max: 9” - 5 – 7 Cement Type I-II Ideal (ASTM C 150) Min cement content: 5.5 sacks/cu. yd. Min cement content: 4 sacks/cu. yd. - 250 Air Entrainment 1.5% 6%±1.5% - - Sand 3200 lbs. per 50-55 gallons of water, depending on sand moisture content - Thermal Resistivity Range 0C-cm/W Wet: 42 - 52 Dry: 107 - 109 Wet: Dry: Wet:39 - 62 Dry: 75 - 97 N/A Wet: 42 Dry: 107 Rev. K Material Specification 366-501 Page 8 6. FIELD CONTROL TESTING Tests, consisting of aggregate gradation tests, slump tests, air content tests, temperature testing, and/or the securing of compression test cylinders, may be made at the discretion of Light and Power. These tests will be performed by an independent testing laboratory selected by the city. The costs for field tests will be borne by Light and Power, unless the tests show failure to meet specifications outlined in this document. In the event of failure, the costs for testing, and all expenses incurred by Light and Power to remove and replace the defective materials, if necessary, shall be borne by the company providing the material. 7. REQUIREMENTS TO BE AN APPROVED SUPPLIER Material purchased under this specification shall be from the suppliers listed in Appendix A. Suppliers not listed may submit written proposals demonstrating compliance with this specification and request addition to the approved suppliers list prior to the next request for bids. In addition to inclusion on approved suppliers list, suppliers must satisfy all requirements of this specification to be acceptable. In order to be added to the approved supplier list (Appendix A), a perspective bidder must complete the following requirements and submit the information to the following address. City of Fort Collins Purchasing and Risk Management P.O. Box 580 Fort Collins, CO 80522 Requests for clarification or information should be directed to Standards Engineering standardsengineering@fcgov.com 970-221-5700 In order to be added to the approved supplier list, the following must be submitted prior to the request for bids. 7.2.1 Written mix design 7.2.2 Certification by an independent laboratory of the city’s choice. Certification will include a plant inspection to determine bidder’s ability to adhere to the requirements of this specification, including conformance to referenced ACI and ASTM standards. Inspection and certification will be at the expense of the city. A written request for inspection and certification may be submitted to the address above. 7.2.3 Certified test reports from two sets of compression test cylinders, each from different batches. Reports for ready mix concrete shall include two at 7 days cure, and two at 28 days cure. Reports for Flow-Fill backfill shall include two at 24 hours cure, and two at 28 days cure. Compression test cylinders shall be cast and stored as specified in ASTM C 31. Laboratory cured compression test cylinders for Ready-Mix Concrete shall be at least 15% greater than the minimum specified strength. Rev. K Material Specification 366-501 Page 9 7.2.4 Certified results of slump tests from each of the two batches. Slump tests shall conform to ASTM C 172. 7.2.5 The above tests shall be performed and certified by and independent testing laboratory approved by the City, and be dated no earlier than 24 months prior to bid opening. With written concurrence from the City, test results exceeding 24 months old may be submitted. 7.2.6 Sand & Water mix is exempt from qualification test requirements. 7.2.7 Test reports shall include at least the following information. 1. Description of material tested 2. Source of concrete aggregate and cement 3. Cement type and brand 4. Manufacturers and brand name admixtures 5. Proportions of concrete mixed per cubic yard 6. Test results for each property specifier for design mix 7. Date of batch preparation 8. Date of break tests 9. City of Fort Collins specification number 10. Slump of mix, in inches 11. Breakage strength in pounds per square inch 12. Signature of a representative of the testing laboratory 7.2.8 The above qualification tests shall be performed at the expense of the company requesting inclusion in the approved suppliers list. 7.2.9 Three references other than the City of Fort Collins, from the previous 12 months’ business. Please include the following information per reference. 1. Name of Company 2. Address 3. Contact Person & Phone Number 8. WITHDRAWAL OF CONTRACTUAL AWARD Purchase order is contingent on conformance with these specifications and attachments. The City reserves the right at any time to cancel the purchase contract, if in the opinion of the City, the product or delivery does not meet specifications, even if non-conforming material has previously been accepted. At the discretion of the City, a supplier providing non-conforming material may be removed from the approved suppliers list for an indefinite reevaluation period of not less than two years. 9. EVALUATION OF PROPOSALS In evaluation the proposals, the purchaser will consider whether the bidder can perform the contract and provide the services specified within the time specified without delay or interference. In addition, the following and any other factors that determine which proposal best serves the interests of the City will be considered. Failure to comply with the requirements of this specification, including 3 positive references, will result in disqualification of the bid. Rev. K Material Specification 366-501 Page 10 9.1.1 Proposal price 9.1.2 Qualification compression test reports (for concrete mixtures). 9.1.3 Qualification slump test reports (for concrete mixtures). 9.1.4 Written mix design 9.1.5 Aggregate compliance report 9.1.6 Certification as outlined in this specification 9.1.7 The charter, integrity, reputation, judgment, experience, efficiency, and quality of performance of previous contracts or services. 9.1.8 The material bid meets all referenced specifications, without exception (check one) YES NO (attach explanation) 9.1.9 At the discretion of the city, the bid award may be split between two or more bidders. Rev. K Material Specification 366-501 Page 11 Appendix A Approved Suppliers Specification 366-501 Materials purchased under this specification shall be provided by one or more of the following approved suppliers. Aggregate Industries 3000 Environmental Dr., Fort Collins, CO 80525 970-223-8877 EZ Pour Ready Mix PO Box 1166 Wellington, CO 80549 970-568-9756 Smyrna Ready Mix 1800 N Taft Hill Rd, Fort Collins, CO 80521 970-407-3600 Ken Nelson (Sales Rep) 970-407-3625 Conditionally Approved Suppliers The manufacturers in the following list have been conditionally approved and may bid as an alternate. The definition and intent of "Conditional Approval" of a manufacturer is to allow the City to gain some experience with the manufacturer's product. To be added to the Conditionally Approved List, the manufacturer shall submit drawings or test reports demonstrating that their design meets technical and dimensional requirements contained within this Specification. Should a conditionally approved manufacturer be the evaluated low bidder, the City reserves the right to award all, part, or none of the order to them, dependent upon the current needs of the City for that item or items. Services Agreement RFP/BID [ # & Title] Page 1 of 16 Official Purchasing Document Last updated 3/2025 EXHIBIT B – SAMPLE AGREEMENT (FOR REVIEW 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], (SERVICE PROVIDER). 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 SERVICE PROVIDER 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 SERVICE PROVIDER 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(Year) (the Effective Date) and shall continue in full force and effect until , 20(Year), 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 [choose one] additional one-year period(s). 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 SERVICE PROVIDER no later than thirty (30) days prior to AGREEMENT end. 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 SERVICE PROVIDER. In the event of early termination by the CITY, the SERVICE PROVIDER shall be paid for Services rendered to the date of termination, subject only to the satisfactory performance of the SERVICE PROVIDER's obligations under this AGREEMENT. SERVICE PROVIDER shall submit a final invoice within ten (10) calendar days of the effective date of termination. Payment shall be the SERVICE PROVIDER'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: SERVICE PROVIDER: CITY: Copy to: Services Agreement RFP/BID [ # & Title] Page 2 of 16 Official Purchasing Document Last updated 3/2025 Attn: Attn: PO Box 580 Fort Collins, CO 80522 Email Address 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 SERVICE PROVIDER in accordance with Exhibit [choose one], consisting of [# of Pages], attached and incorporated herein. Monthly partial payments based upon the SERVICE PROVIDER's billings and itemized statements are permissible. The amounts of all such partial payments shall be based upon the SERVICE PROVIDER's CITY-verified progress in completing the Services to be performed pursuant hereto and upon the CITY's approval of the SERVICE PROVIDER'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 SERVICE PROVIDER following the submittal of a correct itemized invoice by the SERVICE PROVIDER. 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. Indemnification. The SERVICE PROVIDER 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 SERVICE PROVIDER 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. 8. Insurance. The SERVICE PROVIDER shall maintain insurance in accordance with Exhibit [choose one] consisting of [# of Pages], attached and incorporated herein. 9. 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 Services Agreement RFP/BID [ # & Title] Page 3 of 16 Official Purchasing Document Last updated 3/2025 breach of this AGREEMENT. 10. 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 [Enter Name] and can be reached at [Enter Email] or [Enter Phone]. The CITY Project Manager is subject to change by the CITY. 11. Independent Contractor. The Services to be performed by the SERVICE PROVIDER 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 SERVICE PROVIDER's compensation hereunder or any other amounts on behalf of SERVICE PROVIDER for the payment of FICA, Workmen's Compensation, unemployment insurance, other taxes or benefits or for any other purpose. 12. Personal Services. It is understood that the CITY enters into the AGREEMENT based on the special abilities of the SERVICE PROVIDER and that this AGREEMENT shall be considered as an AGREEMENT for personal services. Accordingly, the SERVICE PROVIDER shall neither assign any responsibilities nor delegate any duties arising under the AGREEMENT without the prior written consent of the CITY. 13. Subcontractors/Subconsultants. SERVICE PROVIDER 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 SERVICE PROVIDER. The SERVICE PROVIDER 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 SERVICE PROVIDER shall maintain a copy of each subcontractor’s/subconsultant’s certificate Services Agreement RFP/BID [ # & Title] Page 4 of 16 Official Purchasing Document Last updated 3/2025 evidencing the required insurance. Upon request, the SERVICE PROVIDER shall provide the CITY with a copy of the certificate(s) within two (2) business days. The SERVICE PROVIDER 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. 14. Warranty. a. SERVICE PROVIDER 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. SERVICE PROVIDER 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 twelve (12) months from and after final acceptance under the AGREEMENT, whichever is time is longer, regardless of whether the same were furnished or performed by SERVICE PROVIDER 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 SERVICE PROVIDER in a manner and at a time acceptable to CITY. 15. 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. 16. 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. 17. Entire Agreement; Binding Effect; Authority to Execute. This AGREEMENT, along with all Exhibits and other documents incorporated herein, shall constitute the entire AGREEMENT Services Agreement RFP/BID [ # & Title] Page 5 of 16 Official Purchasing Document Last updated 3/2025 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 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. 18. 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. 19. Prohibition Against Unlawful Discrimination. The SERVICE PROVIDER 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 SERVICE PROVIDER 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 vendors and their subcontractors at every tier. 20. ADA and Public Accommodations. In performing the Services required hereunder, the SERVICE PROVIDER 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 SERVICE PROVIDER or which would be imposed on the CITY as a public entity. Services Agreement RFP/BID [ # & Title] Page 6 of 16 Official Purchasing Document Last updated 3/2025 21. Technology Accessibility. The SERVICE PROVIDER 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 SERVICE PROVIDER 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 Content Accessibility Guidelines (WCAG), incorporated in the State of Colorado technology standards. To confirm that the Project Instruments meet these standards, the SERVICE PROVIDER may be required to demonstrate compliance.  The SERVICE PROVIDER 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 SERVICE PROVIDER’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 SERVICE PROVIDER’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). 22. Data Privacy. SERVICE PROVIDER 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). SERVICE PROVIDER 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, SERVICE PROVIDER shall require that any subcontractors meet the obligations of SERVICE PROVIDER with respect to any personal data connected to this AGREEMENT. The Parties agree that upon termination of the Services that SERVICE PROVIDER 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. SERVICE PROVIDER shall make available to the CITY all information necessary to demonstrate compliance with the obligations of the Privacy Act. SERVICE PROVIDER shall allow for, and contribute to, reasonable audits and inspections by the CITY or the CITY’s designated auditor. 23. 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. 24. Colorado Open Records Act. SERVICE PROVIDER acknowledges that the CITY is a governmental entity subject to the Colorado Open Records Act, C.R.S. § 24-72-200, et seq. (CORA), and documents in the CITY’S possession may be considered public records Services Agreement RFP/BID [ # & Title] Page 7 of 16 Official Purchasing Document Last updated 3/2025 subject to disclosure under the CORA. The parties agree that this Agreement and all incorporated Exhibits, unless specifically marked as Confidential, are considered public records under the CORA. 25. Delay. Time is of the essence. Subject to Force Majeure , if the SERVICE PROVIDER is temporarily delayed in whole or in part from performing its obligations, then the SERVICE PROVIDER 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 waiver of any rights or benefits provided to the CITY under this AGREEMENT. 26. 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 SERVICE PROVIDER must provide notice to the CITY of such condition within ten (10) calendar days from the onset of such condition. 27. Dust Control. The SERVICE PROVIDER 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. 28. 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. 29. 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. 30. 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 SERVICE PROVIDER harmless; requires the CITY to agree to binding arbitration; limits SERVICE PROVIDER’s liability; or that conflicts with statute, Services Agreement RFP/BID [ # & Title] Page 8 of 16 Official Purchasing Document Last updated 3/2025 City Charter or City Code in any way, shall be void. [Signature Page Follows] Services Agreement RFP/BID [ # & Title] Page 9 of 16 Official Purchasing Document Last updated 3/2025 THE CITY OF FORT COLLINS, COLORADO By: Gerry Paul, Purchasing Director Date: ATTEST: APPROVED AS TO FORM: SERVICE PROVIDER By: Printed: Title: Date: Services Agreement RFP/BID [ # & Title] Page 10 of 16 Official Purchasing Document Last updated 3/2025 EXHIBIT A SCOPE OF SERVICES Services Agreement RFP/BID [ # & Title] Page 11 of 16 Official Purchasing Document Last updated 3/2025 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. Services Agreement RFP/BID [ # & Title] Page 12 of 16 Official Purchasing Document Last updated 3/2025 EXHIBIT [CHOOSE ONE] INSURANCE REQUIREMENTS The SERVICE PROVIDER 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 SERVICE PROVIDER shall furnish the CITY with certificates of insurance showing the type, amount, class of operations covered, effective dates and date of expiration of policies. 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 SERVICE PROVIDER, 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 SERVICE PROVIDER under this AGREEMENT. Insurance certificates should show the certificate holder as follows: City of Fort Collins Purchasing Division PO Box 580 Fort Collins, CO 80522 The CITY, its officers, agents and employees shall be named as additional insureds on the SERVICE PROVIDER's general liability and automobile liability insurance policies by marking the appropriate box or adding a statement to this effect on the certificate, for any claims arising out of work performed under this AGREEMENT. Insurance coverages shall be as follows: A. Workers' Compensation & Employer's Liability. The SERVICE PROVIDER shall maintain Worker’s Compensation and Employer’s Liability insurance during the life of this AGREEMENT for all of the SERVICE PROVIDER's employees engaged in work performed under this AGREEMENT. Workers' Compensation & Employer’s Liability insurance shall conform with statutory limits of $100,000 per accident, $500,000 disease aggregate, and $100,000 disease each employee, or as required by Colorado law. B. General Liability. The SERVICE PROVIDER shall maintain during the life of this AGREEMENT General 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 General Liability shall not be less than $1,000,000 combined single limits for bodily injury and property damage. C. Automobile Liability. The SERVICE PROVIDER shall maintain during the life of this AGREEMENT 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 Automobile Liability shall not be less than $1,000,000 combined single limits for bodily injury and property damage. D. Errors and Omissions. The SERVICE PROVIDER shall maintain errors and omissions insurance in the amount of $1,000,000. Services Agreement RFP/BID [ # & Title] Page 13 of 16 Official Purchasing Document Last updated 3/2025 EXHIBIT [CHOOSE ONE] CONFIDENTIALITY IN CONNECTION WITH THE SERVICES to be provided by SERVICE PROVIDER 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, SERVICE PROVIDER 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 SERVICE PROVIDER 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 SERVICE PROVIDER 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. SERVICE PROVIDER 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 Services Agreement RFP/BID [ # & Title] Page 14 of 16 Official Purchasing Document Last updated 3/2025 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, SERVICE PROVIDER 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, SERVICE PROVIDER 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. SERVICE PROVIDER 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) SERVICE PROVIDER’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 Services Agreement RFP/BID [ # & Title] Page 15 of 16 Official Purchasing Document Last updated 3/2025 • 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. SERVICE PROVIDER may use subcontractors, though such activity shall not release or absolve SERVICE PROVIDER 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 SERVICE PROVIDER 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 SERVICE PROVIDER 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 SERVICE PROVIDER 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 SERVICE PROVIDER breaches any of the terms of this Exhibit, in the CITY’s sole discretion, the CITY may immediately terminate this AGREEMENT and withdraw SERVICE PROVIDER’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. SERVICE PROVIDER Receiving Party acknowledges that the Disclosing Services Agreement RFP/BID [ # & Title] Page 16 of 16 Official Purchasing Document Last updated 3/2025 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.