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Home My WebLink About492167 TETRA TECH CONSTRUCTION SERVICES INC - PURCHASE ORDER - 9115207PURCHASE ORDER PO Number Page City of , of 2 Fort Collins Thls9 number must appear alfinvoices,dllpacking slips and labels. Date: 09/08/2011 Vendor: 492167 Ship To: ENGINEERING DEPT-MASON TETRA TECH CONSTRUCTION SERVICES INC CITY OF FORT COLLINS 5401 E 48TH AVE ENGINEERING DEPT-MASON_ ENVER Colorado 80216 281 N. COLLEGE AVE FORT COLLINS Colorado 80524 Delivery Date: 09/07/2011 Buyer: JOHN STEPHEN Note: Line Description Quantity UOM Unit Price Extended Ordered Price I Downtown Conduit Work 1 LOT .LS 796,303.40 Mason SB1 Downtown PER TERMS AND CONDITIONS OF BID 7263 AND AGREEMENT DATED SEPTEMBER 19, 2011 City of Fort Collins Director of Purchasing and Risk Management This order Is not valid over $5000 unless signed by James B. O'Neill II, CPPO City of Fort Collins Purchasing, PO BOX 580, Fort Collins, CO 80522-0580 Phone:970-221-6775 Fax:970-221-6707 Email:purchasing@fcgov.com Total $796,303.40 Invoice Address: City of Fort Collins Accounting Department PO Box 580 Fort Collins, CO 80522-0580 time. 50) Piggybacking NO 1) The file contains: Assignability provisions. 2) The procurement file contains: Price reasonableness determination. 56) Clauses YES Check list of clauses made This contract contains the appropriate and correct clauses included with FTA required clauses. bid solicitation and will be included with contract. Page 1 of 1 John Stephen From: Erika Keeton Sent: Thursday, August 18, 2011 5:43 PM To: John Stephen Cc: Terry Tyrrell; Tracy Dyer; Michael Lopez; Ward Stanford; Britney Sorensen; Janet Mctague; Eric Dahlgren; Jim O'Neill; Kryste Korf-Bartsch; Kurt Ravenschlag; Helen Migchelbrink Subject: 7263 Recommend Award Attachments: Bid Comparison.pdf; Buy American Compliance.pdf; Response to Questions related to Bid 7263.pdf; Tetra Tech Schedule.pdf; Tetratech Reference Check 8-18-11.pdf John, please find attached the bid comparison for Bid No. 7263 Downtown Conduit Backbone and Laterals. I have reviewed the bids for accuracy, and Tetra Tech is the apparent low bidder. The bid prices are reasonable and I recommend award to Tetra Tech Construction Services, Inc. Also attached are the results of my conversations with various references, correspondence with Tetra Tech, proposed schedule, and.the revised Buy America statement. Please let me know if you need any other information. I am expecting a stamped set of final plans from the consultant next week. Thanks, Erika Erika Keeton, P.E. Special Projects Engineer City of Fort Collins Engineering Department o. 970.221.6521 c. 970.222.0787 ekeeton@fcgov.00m 9/7/2011 From: Vaughn, Katie To: Erika Keeton; CC: Subject: RE: Questions related to Bid 7263 Date: Monday, August 15, 2011 11:20:31 AM Attachments: Sorry this took so long, see below for answers to your specific questions. Let me know if you have any additional questions/concerns. We look forward to working with you to the successful completion of this project. From: Erika Keeton [mailto:EKEETON@fcgov.com] Sent: Thursday, August 11, 2011 8:19 AM To: Vaughn, Katie Subject: RE: Questions related to Bid 7263 Thanks Katie — as soon as you can as I can't recommend award until I have the information. Could you send the references sooner? I can be working on that while you assemble the other items. From: Vaughn, Katie[mailto:Katie.Vaughn@tetratech.com] Sent: Thursday, August 11, 2011 7:42 AM To: Erika Keeton Subject: RE: Questions related to Bid 7263 1 received your email from out Project Manager Scott. I will go over all the questions and should be able to get you everything you need by Monday. Is that timeframe alright? Thanks! From: Delaroy, Scott Sent: Wednesday, August 10, 2011 5:05 PM To: Vaughn, Katie Subject: FW: Questions related to Bid 7263 Help..... I think you may be in a better position to help out the city with their questions. Scott Deraroy Senior Project Manager Tetra Tech Construction Services Inc. DIA Field Office 26775 E. 72nd Ave Denver, Co. 80249 Direct: 303.342.6789 Cell: 303.901.9761 Fax: 303.342.6796 Email: scott.delaroy a,tetratech.com www.tetratech.com From: Erika Keeton (mailto:EKEETON@fcgov.com] Sent: Wednesday, August 10, 2011 4:49 PM To: Delaroy, Scott Subject: Questions related to Bid 7263 Scott, I left you a voice mail too — I have a few questions related to your bid. Thought it might be helpful if you had these in advance before we talk. Please give me a call or respond to this email. If you are not the right person, please forward this along. Understand that this is a small part of a much larger ($82 million) project, so I'm trying to make sure we have all our ducks in a row. Thanks for your help, and I look forward to working with you. Erika 1. Please provide names and phone numbers of references for recent comparable work. CDOT project listed is several years old. No dates were provided on other projects. City of Greeley — Traffic Signal Maintenance Project — Ongoing — Mike Comstock (970) 539-6211 CDOT-170 ITS Installation — Close Out Phase —Mat Flores (303) 807-7475 City of Centennial — Solar School Beacons — Close out Phase — Craig Faessler (720) 570-6154 SEMA Construction — Pecos Street Bridge ARRA Funded — Ongoing — Bill Harris (720) 284-7860 2. What obligations/contracts do you currently have? Current Construction: Zayo Bandwidth — Start Up — Fiber Optic Division SEMA Construction —Ongoing —Traffic Division CDOT— Close Out —Traffic Division City of Centennial — Close Out —Traffic Division DIA Runway Lighting — Ongoing — Electrical Division 3. Both the compliance and non-compliance Buy America statements are signed. Which should be applied? Compliance 4. Please describe specifically what work is being performed by Tetra Tech staff on this project. Trenching, Setting Vaults, Setting Pull Boxes, Dig & Flow Fill Bore Pits, Supply Material, Project Management 5. What percentage of the work is going to be performed per subcontractor? By Tetra Tech staff? Please provide a detailed cost breakdown that totals 100% of the project. Northern Colorado Traffic Control (DBE) — $31,250 3.92% SSD (Sure Shot Drilling) — $36,000 Potholing 4.52% & $175,810 Boring 22.07% A to Z Cable — Civil Work - $165,659.00 20.80% Communication Design Engineering— plan & profile boring - $11,600.00 1.46% Tetra Tech - $375,984.40 47.22% 6. What is Tetra Tech's experience providing federal paperwork, Davis Bacon wages, etc? We are currently working on 3 projects that are Davis Bacon and we have current ARRA funded and RUS projects in our other divisions 7. The Schedule of Subcontractors lists "Engineering" performed by Communication Design Group? What is the scope of this work? Plan & Profile for the boring 8. Who will be on site daily during the project and what is their experience? Adan Huerta — 15 years experience in the fiber/directional boring/traffic/ electrical industry 9. What experience does the crew/SSD/PM have working in an urban environment? Rebuild for Xcel energy via directional boring, right-of-ways, rear & front lot easements 10. Please describe your understanding of the surface restoration required for this project. Area disturbed by construction will be restored to original state if not better. 11. Are you familiar with the Larimer County Urban Area Street Standards as they pertain to surface restoration, potholing, and traffic control? Yes, we understand the project specs. 12. Please explain how you have accounted for the surface restoration costs in the various bid items. We based our restoration qty/costs on previous experience in similar projects and review of the project prior to bidding 13. Does Tetra Tech have a local crew/facility/staging area? Yes 14. Tetra Tech is $160,000+ below the next lowest bidders. Are you comfortable that the project can be completed for this bid amount? Absolutely 15. Do you foresee any potential change order items not covered by the contract documents? Not at this time, as construction progresses this could change 16. Please provide an anticipated schedule (days per intersection or other logical sequence) to show how the work will be completed in the given time frame and by October 31. Progress schedule will be given at precon Erika Keeton, P.E. Special Projects Engineer City of Fort Collins Engineering Department o 970.221.6521 c. 970.222.0787 ekeetonC�fcaov. corn Reference Check: Tetra Tech, Bid No. 7263 Downtown Conduit Backbone and Laterals CDOT Dave Judy, ITS Project Manager 425 C Corporate Circle Golden, CO 80401 303-880-0784 Performed comparable work but on the highway, in a rural setting in 2008-2009. Contractor provided sufficient manpower and equipment for the job. Total project cost was $5,300,000, and was complete under or at budget, and on time. Some change orders were necessary. Contractor was cooperative. No federal paperwork was required, but general paperwork was completed in a timely manner. The same project manager was on the job for the duration, Scott Delaroy. No liquidated damages. Restoration was required - seeding, and patching. One year later manholes had settled and Contractor returned to adjust and replaced asphalt. Stated he would hire this contractor again. ERK 8-10-11 Utah Telecommunications Open Infrastructure Agency (UPTOPIA) Kirk Sudweeks 2175 S Redwood Road West Valley City, Utah 84120 801-990-5450 503-620-8202 ext8840 Performed comparable underground and above ground utility work from 2004 through 2008. Contractor provided sufficient manpower and equipment for the job. Contracts ranged in the several million dollar range, and were complete under or at budget, on time with no liquidated damages. Kirk did note that they were low bid but felt Tetra Tech "Nickel and Dimed " them on the change orders. No Federal monies involved except RUS loans. Kirk only worked with them from 2006-2008 but the Contractor kept the staff consistent. No warranty work needed. The contractor had bid on work since but has not won any. He would hire them again. ML 8-17-11 City of Greeley — Traffic Signal Maintenance Project Mike Comstock 970-539-6211 Not comparable work. The Contractor performed on call sign erection work. The Current ongoing contract has set price schedule of $5000 maximum per call out. No change orders, or Federal money. He has no problems with their work. ML 8-16-11 CDOT I70 Installation Matt Flores 303-807-7475 Tetra Tech performed over $1 M of conduit installation work and ITS equipment, radar detectors in Summit County in 2010-2011. In ground work and quality of work was excellent. Main operator for trenching was exceptional — saved the company $10k or 15k due to experience in the industry. Contractor did provide sufficient manpower and equipment for the job. Project was a little over on time due to location of project site in the mountains, which is common for this area. Contractor commuted to and from Denver each day. Project was on budget. CDOT did add extra work, 9-10 additional traffic cameras, and negotiated a change order. Matt did not enjoy working with Scott Delaroy, as it took a long time to negotiate the change order for new work and Matt felt the prices could have been much more reasonable. Matt requested that Scott be replaced as the project manager on the project and this request was accommodated. No payrolls or other federal paperwork was required for this project. Other typical submittals and paper work were fine. Office people were pretty good, Katie Vaughn is a good quality office person, and provided good communication. No surface restoration required. No liquidated damages. Matt would hire this contractor again. ERK 8-16-11 City of Centennial — Solar School Beacons Craig Faessler 720-570-6154 Tetra Tech performed installation of 17 solar school zone beacons in June through August of 2011. They had sufficient manpower and equipment on site to complete the project, finished the work on time, within budget and with no liquidated damages. There were no change orders. The project was a Davis Bacon job. Craig's Junior Engineers ran the project and he could not recall the Tetra Tech Project Manager. The project was recently completed and still under warranty period but there hasn't been any problems. Craig did note that during construction there was problem with the wiring of beacons but Tetra Tech responded quickly fixing the issue. They would hire this contractor again. ML 8-17-11 SEMA Construction — Pecos Street Bridge ARRA Bill Harris720-395-7860 Did not return calls 8-16-11 and 8-17-11 CUSTnucTlaNReglOnal Publications AFFIDAVIT INVOICE # A316313 01 ACCOUNT # A30027004 INVOICE DATE 07/27/11 INQUIRIES TO: TEL 800-648-3045 FAX 609-426-7143 ADVERTISER/AGENCY: BILL TO: CITY OF FORT.COLLINS BETH DIVEN P 0 BOX 580 FORT COLLINS CO 80522 The McGraw-Hill companies PUBLICATION: DENVER DAILY JOURNAL STATE OF COLORADO COUNTY OF DENVER I, DOTTY MONTANTI, OF THE CITY AND COUNTY OF MERCER, STATE OF NEW JERSEY, HAVING DULY BEEN SWORN, DEPOSES AND SAYS: I AM NOW AND AT ALL TIME HEREINAFTER MENTIONED A CITIZEN OF THE UNITED STATES OF AMERICA, OVER TWENTY-ONE YEARS OF AGE, AND COMPETENT TO BE A WITNESS ON THE HEARING OF THE MATTERS MENTIONED IN THE ANNEXED PRINTED COPY NOTICE HEREINAFTER SET FORTH; I HAVE NO INTEREST WHATSOEVER IN ANY OF THE SAID MATTERS; I AM NOW AND DURING ALL TIMES EMBRACED IN THE PUBLICATION HEREIN MENTIONED WAS THE CHIEF CLERK OF THE NEWSPAPER, A NEWSPAPER OF GENERAL CIRCULATION PRINTED AND PUBLISHED IN SAID CITY AND COUNTY; AS CHIEF CLERK DURING ALL TIME MENTIONED IN THE AFFIDAVIT I HAVE HAD AND I STILL HAVE CHARGE OF ALL ADVERTISEMENTS AND NOTICES PUBLISHED IN SAID NEWSPAPER; THAT SAID LEGAL NOTICE OF WHICH THE ANNEXED IS A TRUE PRODUCTION COPY OF THE PRINTED PAGE IN WHICH THE ADVERTISEMENT WAS PUBLISHED IN THE ABOVE NAMED NEWSPAPER ON THE FOLLOWING DAYS TO WIT: DOWNTOWN CONDUIT BACKBON - 07/22/11 07/25/11 I CERTIFY (OR DECLARE) UNDER PENALTY OF PERJURY THAT THE FOREGOING IS TRUE AND CORRECT. SIGNED, CHIEF CLERK AF233B • Get YWI bidding into FASTERI Call 8868373459 MorMay, July 25. 2011 1)3zllca, Jruunx^a, 11 is ,n, nwnenr no. en n--s r•.a p-II.,�1 CONSTRUCTION MANAOEMEBT/GENERAL CONTRACTOR fUTE OF COLORADO UNIVERSRT OF NORTHERN COLORADO NOTICE NUMBER: UNCRFP-II4001 Prole[t No. gOate, Pmjm-ode: Butler Hancock Ea eeim Clean Wall Pard lit"Cmnenl Boosted (:tin rv[Ilon LastF9W,BOo •AFRA FUNDING? : NO SNYemen4 If reJmlrcd, well be a&e "at Uravermnlc .,it.. Frouracced in Iva, has been remwaled a tthough IM1e pail 31 years 'he on-amm, pom .].ransoms, locker moms, and ap-ampus "re, .up rls and large grevent for hnl 1Te on, ina, weathering arel'COB TEN' meal panels on if t bap r Portion mine gym rile. have been dmelloadng fc yass. and haec cu a r,sars m eFlan, In the pmrexs I edscu—nooftbepama,i ,Col afore unbenit, 1. • Impmsre Ne wathering pe.fommnam(IM1is system and anchor future dealer ...... n .,Fri.,, and air an0lmrcen • Increase Ne insulation mrfnromera of foh,ordnn adshe buildingwith the use of msuland metal panels. • Candder a more refined visual apperme-C thaunnns the overall Junk of the surks,, hm mmPlememx the ors rnI ..].]Hens I. Ne noun side of me building Sink Combs Dethlefs will p,m'.d, amh ncian l se es for It ormrse Shk Cartons Dem eh will rediscount with Mardodar, A col mpY of rfte Faces, (hati,c F Is a I the RFP A Guaranteed Maamnm Pere Ira.?) at the comakads, of Drops Devempmmr phase. roam I. all mteresud Paine, that all firm: wan he III mminmer qualmarla ve,, be unirdead for be considered as yun6fird, increased firea shall For Mann a JCeneal Commerce, ale e. (33)) Y®n s a least ram (1) Pmhras Faith in LLUll (hard FiaW in lo.oR In, allmtne Pmenl In Rfe and :J specific Construction Monaga ens/General m Deiem mfwmtfar scrousnd mmpl 1w, and d bonding apa cloy up to f 2Jku 000 for an nddsomfy won m and s icipmed P1 laep1 Inter bet aurerymvlvmmis houndiday obtain me rrea omnememr.m tMaln me m[ l,.mebrm ans gemeal Consarunlmn Servlcea 639 hand p)35L13B3 be upern in Comrade reddens bidders and for as Prmided by law. ./I'/" at 1: W PM Usher", of Nmrmvn Colorado Fad110a Managemar4 am ye k sen BeMvea ,or CO0 era N D eo63r lkan: No. µnonvd d c,l,m1r Mil be re Late, am. is rhll be tensed without Thee no r, or Norman or oado and me Mae rrvyonpb111tY for cords, Mated 10 Line Nate Rnlnbaed UNC 970,351-23e3 te Nareashardroo-o.edu '..]able on on web at O DENVER INTERNANONAL AIRPORT REQUEST FOR PROPOSALS INSIDE / OUTSIDE PLANT CONTRACT NO. 201101111 Oenvec Col do July ]5. ]Oil The Denanm emuff, .....a, Denver Iratemaruanl Abnpv Rn. MnnitorinR and Maintenance xe The FP a twofold. Pon One of Ise Stone serves me or multiple Freedom with eligible'on i contract C IA has me abinem anage, ptom.e and plemenm0nn of'Food and worde- pbmt soprvs duped try uthui) on a tl mrly 113111 w1111 a 2Bw. If national for No One only Pan Two of the for ,ropotala Uoe' I§apmals in response Rude µFP will be due no Inter Ihim '1'.00 PM, LOCAL TIME AUGUST 16, 1011 and s be submined to Nathan Inner, Ter aril Semen Office, Room islo, Denver Imerants ... I Airport, B5001'ma tlled, Denver CO 60249. p.e Prupaaal Conferenec A Ile-I'rupnssl Conference-11 be you,al der [ AM. LOGFTIME IA Saudi 4, r In the 01 F. wide laibv Iooaled wi Drove, me CIA SPUN Campus at 2I301 F. Minority Business es pEnte CO 801a9. Mlmtlty BMBEI a Enterprise and Women Business mayI ,do Comeat (MBE/WBE) Pammus, tr d: Prufes...Far design antl arty and n nvic contra Is male and eto All II hY iM1e City and Cuunly o! Denver a the Y e, iclelll, Namim,m 1 and M1 of .M.C.)r ]B of iM1e Denver Revised Munir...v CDJe, ea nt Basin. and all ts, LhilY Business [ p J ' P Concepts, 11 l n and EqualEmployment Opportunity si J Repulsions adopted hY the D f M1 Divis ! 5 II Business nap ry(Dsno) ern t, ul D ... 1 e5 ofChapter2e ran D.tm.(1 I the Dlmner of the Division of Small Huslness Dapm tonesg addcaparedgoalfore ork...tr an p. teas pal design and naenver se work.tn turned by, acry one r,.umy of Denver ... orood etas fee One only of his 0mle.l Is ]B% prise (y Businm Ellerpdr protect and Women BnanaFa Enterprise (N'PE). n protect emen 29 65. DR. MC. o Nmvgh ed the demnmlatinnts Is set f D(a suffiGenl good falter effort under Section 2t-6'1DR M C For reph( with goodfaitheffort segment under Section d1] chit(y)ea it,, ar Mtl'.e red IWtFril the rote.... of 100^,fi I the ronlvnrt a in l smpd of work The Director of the Division f Small Business opportunity urges all participants In ON, prefiemonal Jura and mmnposam -Iscon. pmjms to merit'. udnerlaµ dose gnah Ise hmdmm area Join 11. 16 a n, ImI .o[Dj Invitation for Bid Bids will he received by me Ciry of Fon Collins of Fee office of the Purchasing Division, 215 North Mason end Floor. Fun Culllns, Women until 3:00 I'.M. our dud on Ai,ua B, 2011 forme Dmxnnevn Ckenha l Backhone and laleals, Bid Number 7263. 'lire War, anduds, excavation, i analln ion, backnll, not m.Ind and arms Is rcamnnion of a mvllipl. mndual dual hank in downtown Fon Cullim related to the carol nimeresm. of Mason StreM e1 and me MAX Buy Ral Transit P.oleaFederal requirements and Davi,even wages apply wmnlr.poll be eby 11-1 nit, 1110. Tni, cu Formally Poohmproles with a ❑DIIF, requirement of ad a For information call ( .say farm cos or download a copy of Bid Number 7363 at www.f[grn [tom/purchasing. Zama B. O'Neill IF (TPO, FNICP Director of (Iurdmajng 9 Risk Management tiny 1B ]ell yerinms, Darn Jury 21 IF as, lob tin oe q0,µr�, STATE OF COLORADO 1,,y' OFFICE OF THE STATE ARCHITECT vim' STATE BUILDINGS PROGRAMS NOTICE OF CONTRACTOR'S SETTLEMENT Institution/Agenrycohnery and Vneans Affairs Noll ee Num her: I'0369 Project Nn/Fl de. P036B Building at lO Remodel and For Suppression Nmice is he¢by FIvan chat For Amebae 11, yell at 6... S. on nt of the Contract for IM1e construction 01 IECT as Mmmend above Any pstion, pmpanmennlp.a coma. ah has tin! the furnto ishingnst the ofalaboratm project. cam but sustenance ponyourns, pru enJea rental machinery, tool'. equipment andothersupplies used or consumed b such Contractor or any of his submnnaftors In or after the perform of said work, may at any timeup to an mdrmten avidhen¢ofnt localsettlement,file nountI statement of me amount due and unpaid on .aeons . ]. All such claims shall be filed with the Authority College Intention Department or Agenry 3- Fadmenn the Pan ofo creditor it) file%in Innocent as such final ammmlent will relieve me Sum of (solo( from any and all Lability far .in ].ins AUNoresed Cadillac Manager or AUNotlzed Individual Name. Inner, lone. Approval Date'. 07/21/2011 Agenry'. Department ofa,finsry Find VNeana Affairs Phone (720) 750-1541 Fu: (]20)Inp, 5a9 Carol Ianid-uhroamermaaem 1.a frimbrance froos]my 15 A A.,, 1,"" 13 PRNOWOW Invitation for Bid Sealed Bads will be accepted by the City of Aur ra painful Depart umdl Aom�u Ill:00 nor fit, Hampden Aven tie as + a if SuCon, Removal, project 11167A General Gunrooms have beenprequalified for this p mica Jawing. and \pefilirlainna are awtilahle for f]5. ind (t'.11 formal only) in the Purchasing Department at 15151 Fast Alameda parkxay, Sol,, 4400, 103-]39-Cop . For additional Informbon please go to oweveroweasedion and select Rocky Mounain 6Punhase's,em., Ivnlintion Dam: July lR zm i Ia1 RO D D NOTICE OF n FINAL SETTLEMENT In n[roult— with p la uium Contained in 38-26.1117, C.P S. 1973, the Regional Tanspnrtnti or Diduat hm esmhInhed AURust Mr 2011,as the date of Final Settlement with Tower One Construction, for the protect known as the flour Drivers End Addition Jo learned finger Cuntan NumSec 30FD001. life maiml wins drys nrl ,up,....... saraY. Scia ly, and Van "Ill" "lartmenL Negn'nal Tmnapnnat inn Dlsrrir1.I a00 Blake Alter.. C.... Colorado 80,02, Steve Butcher (:use (gnlrol Sup wise r. Safety, Se tin,, and Facilities Department Tariff l[alino Danes: July 25 ® Augurs 3, 2011 13EV5 Advertise in The Daily Journal Call: 888-814-0513 FOR CONSTRUCTION NOTICES, CALL: 888-814-0513 Purchase Ordcf Terms and Conditions Page 2 of 2 1. COMMERCIAL DETAILS. Tax exemptions. By stature the City of Fort Collins is exempt from state and local taxes. Our Exemption Number is 11. NONWATVER. 98-04502. Federal Excise Tax Exemption Certificate of Registry 84-6000587 is registered with the Collector of Failure of the Purchaser to insist upon strict performance of the tears and conditions havo( failure or delay to Internal Rcvermc, Deaver, Colorado (Ref. Colorado Revised Statures 1973. Chapter 39-26, 114 (a). exercise any rights or remedies provided herein or by law, failure to promptly notify the Seller in the event of a breach, the acceptance of or payment fro goods hereunder or approval of the design, shall nor release the Seller of Goods Rejected. GOODS REJECTED due to failure to men specifications, either %ben shipped or due to defects of any of the warranties or obligations of this purchase order and shall nor be deemed a waiver of any right of the damage in transit, may be resumed to you fro credit and are nor to be replaced except upon receipt of written purchaser to insist upon strict performance hffeofor any of its rights or remedies as to any such goods, regardless instructions from the City of Fort Collins. of when shipped, received or accepted, as to any Prot or subsequent default hereunder, not shall any purported oral modification or rescission of this purchase order by the Purchaser operate as a waiver of any of the terms Inspection. GOODS are subject to the City of Fort Collins inspection on arrival. hereof. Final Acceptance. Receipt of the merchandise, services m equipment in response to this order can result in 12. ASSIGNMENT OF ANTITRUST CLAIMS. authorized payment on the pan of the City of Fort Collins. However, it is to be understood that FINAL Seller and the Purchaser recognize that in actual economic practice, overcharges resulting from antitrust ACCEPTANCE is dependent upon completion of all applicable required inspection procedures. violations are in fan bore by the Purchaser. Theretofore, for good cause and as consideration for executing this purchase order, the Seller hereby assigns to the Purchaser any and all claims it may now have or hereafter Freight Terms. Shipments must be F.O.B., City of Fort Collins, 700 Woad St., Fort Collins, CO 80522, unless acquired under federal or state antitrust laws for such overcharges relating to the particular goods m services otherwise specified on this order. If permission is given to prepay freight and charge separately, the original freight purchased or acquired by the Purchaser pursuant to this purchase order. bill must accompany invoice. Additional charges fro packing will no be accepted. 13. PURCHASERS PERFORMANCE OF SELLERS OBLIGATIONS. Shipment Distance. Where manufacturers have distributing points in various parts of the country, shipment is If the Puna. directs the Seller to correct nonconforming or defective goods by a date to be agreed upon by the expected from the nearest distribution point to destination. and excess freight will be deducted from Invoice when Purchaser and the Seller, and the Seller thereafter indicates its inability or unwillingness to comply, the Purchaser shipments are made from greater distance. .. _ _ _ _ may cause the work to be pMormed bythe most expeditious mains available to it, and the Seller shall pay all costs associated with such work. Permits. Seller shall procure at sellers sole cast all necessary permits, certificates and licenses required by all applicable laws, regulations, ordinances and roles of the state, municipality, territory or political subdivision where the work is performed, or required by any other duly constituted public authority having jurisdiction over the work of vendor. Sella further agrees to hold the City of Fart Collins harmless from end against all liability and loss incurred by them by reason of an asserted or established violation of any such laws, regulations, ordinances, rules and requirements. Authorization. All parties to this contract agree that the representatives am, in fan, bona fide and possess full and complete authority to bind said parin. LIMITATION OF TERMS. This Purchase Order expressly limits acceptance to the terms and conditions stated herein act forth and any supplementary or additional terms and conditions annexed hereto or incorporated herein by reference. Any additional m different terms and conditions proposed by seller are objected to and hereby rejected. 2. DELIVERY. PLEASE ADVISE PURCHASING AGENT immediately if you cannot make complete shipment to arrive on your promised delivery date as noted. Time is of the essence. Delivery and performance must be effected within the time stated on the purchase order and the docmneats attached hereto. No acts of the Purchasers including, without limitation, acceptance of partial late deliveries, shall operate as a waiver of this provision. In the event of any delay, the Puichasm shall have, in addition to other legal and equitable remedies, the option of placing this order elsewhere and holding the Seller liable for damages. However, the Seller shall not be liable fro damages as a result of delays due to causes not reasonably foreseeable which are beyond its reasonable central and without its fault of negligence, such acts of God, sees of civil or military srthorities, governmental priorities, fires, strikes, flood, epidemics, wars or riots provided that notice of the conditions causing such delay is given to the Purchasff within five (5) days of the time when the Sella first received knowledge thereof In the event of any such delay, the date of delivery shall be extended for the period equal to the time actually lost by reason of the delay. 3. WARRANTY. The Seller warrants that all goods, articles, materials and work covered by this order will conform with applicable drawings, specifications, samples and/or other descriptions given, will be fit fro the purposes intended and performed with the highest degree of care and competence in accordance with accepted standards fro work of a similar nahtte. The Sella agrees to hold the purchaser harmless from any loss, damage or expense which the Purchaser may suffn at inar on account of the Sellers breach of warranty. The Seller shall replace, repair or make good, without cost to the purchasa, any defects or faults arising within one (1) year err within such long" period of time as may be prescribed by law or by the terms of any applicable warmly provided by the Sella after the date of acceptance of the goods famished hereunder (acceptance not to be unreasonably delayed), resulting from imperfect or defective work done or materials famished by the Seller. Acceptance or use of goods by the Purchaser shall not constitute a waiva of any claim under this warranty. Except as otherwise provided in this purchase order, the Sellars liability hereunder shall extend to all damages proximately caused by the breach of any of the foregoing warranties or guarantees, but such liability shall in no event include Ioss ofmofnts or loss of use. NO IMPLIED WARRANTY OR MERCHANTABILITY OR OF FITNESS FOR PURPOSE SHALL APPLY. 4. CHANGES IN LEGAL TERMS. The Purchaser may make changes to legal terms by written change order. 5. CHANGES IN COMMERCIAL TERMS. The Puahasa may make any changes to the terms, other than legal terms, including additions to or del"ions from the quantities originally ordered in the specifications or drawings, by verbal or written change orda. If any such change affin s the amount due or the time ofpeffmmance hereunder, an equitable adjustment shall be made. 6. TERMINATIONS. The Purchaser may at any time by written change order, terminate this agreement as to any or all portions of the goods then not shipped, subject to any equitable adjustment between the panics as to any work or materials then in progress provided that the Purchaser shall net be liable for any claims for anticipated profits on the uncompleted portion of the goods and/or work, fro incidental or consequential damages, and that no such adjustment be made in favor of the Sella with respect to any goods which are the Sellers standard stock No such temdnatim shall relieve the Purchasa ar the Sella of any of their obligations as to any goods delivered bereunder. 7. CLAIMS FOR ADJUSTMENT. Any claim for adjustment most be asserted within thirty (30) days from the date the change or termination is ordered. 8. COMPLIANCE WITH LAW. The Sella warrants that all goods sold hereunder shall have been produced sold, delivered and famished in strict compliance with all applicable laws and regulations to which the goods are subject. The Seller shall execute and deliver such documents as may be required to effect or evidence compliance. All laws and regulations required to be incorporated in agreements of this character are hereby incorporated herein by this reference. The Seller agrees to indemnify and hold the Purchaser harmless from all costs and damages suffered by the Purchaser as a result of the Sellers failure to comply with such law. 9. ASSIGNMENT. Neither parry shall assign, tramfa, or convey this order, m any monies due or to become due hereunder without the prior written consent ofthe other parry. 10. TITLE. The Sella warrants full, clear and unrestricted title to the Purchaser fro all equipment, materials, and items furnished in performance of this agreement, free and clear of any and all liens, restrictions, reservations, security interest encumbrances and claims ofothers. The Seller shall release the Purchaser and its contractors of any tiff from all liability and claims of any nature resulting from the performance of such work. This release shall apply even in the event of fault of negligent_ c of the parry released and shall extend to the directors, officers and employees of such parry. The Sellers contractual obligations, including warranty, shall not be darned to be reduced, in any way, because such work is performed or caused to be performed by the purchaser. 14. PATENTS. Whenever the Seller is required to use any design, device, material or process covered by letter, patent, trademark Or copyright, the Seller shall indemnify and save harmless the Purchase from any and all claims fro infringement by reason of the use of such patented design, device, material or process in connection with the contract, and shall indemnify the Purchaser fro any cost, expense or damage which it may be obliged to pay by ransom of such infringement at any time during the prosecution or after the completion of the work. In case said equipment, or any part thereof or the intended use of the goods, is in such suit held to constitute infringement and the use of said equipment or pan is enjoined, the Sella shall, at its own expense and at its option, either procure for the Purchaser the right to continue using said equipment or parts, replace the same with substantially equal but noninfringing equipment, or modify it so it becomes noninfringing. 15. INSOLVENCY. If the Sella shall become insolvent or bankrupt, make an assignment fro the benefit of creditors, appoint a receiver or trustee for any of the Sellers property or business, this order may forthwith be canceled by the Purchaser without liability. 16, GOVERNING LAW. The definitions ofu ns used or the interpretation ofhc agreement and the rights of all parties hereunder shall be construed under and governed by the laws of the State of Colomdo, USA. ' The following Additional Conditions apply only in cases where the Sella is to perform work hereunder, including the services of $tilers Rcionvotative(s), on the premises of others. 17. SELLERS RESPONSIBILITY. The Seller shall carry on said work at Sellers own risk until the same is fully completed and accepted, and shall, in case of any accident, destruction or injury to the work and/or materials before Seller's final completion and acceptance, complete the work at Sellers own expense and to the satisfaction of the Purchaser. When materials and equipment are famished by others fro installation or erection by the Seller, the Sella shall receive, unload store and handle same at the site and become responsible therefm es though such materials and/or equipment were being famished by the Seller under the order. 18, INSURANCE. The Seller shall, at his own expense, provide for the payment ofworkers compensation, including occupational disease benefits, to its employees employed on or in connection with the work covered by this purchase order, and/or to their dependents in accordance with the laws of the state in which the work is to be done. The Sella shall also carry comprehensive general liability including, but not limited to, contractual and automobile public liability insurance with bodily injury and death limits of at Into $300.000 for any one person, 5500,000 for any one accident and property damage limit per accident of 5400,000. The Seiler shall likewise require his contractors, if any, to provide for such compensation and insurance. Before any of the Sellers or his contractors employees shall do any work upon the premium of othcm. the Seller shall famish the Purchaser with a certificate that such compensation and insurance have been pmvided. Such certificates shall specify the date when such compensation and insurance have been provided. Such certificates shall specify the date what such compensation and insurance expires. The Sella agrees that such compensation and insurance shall be maintained until after the entire work is completed and accepted. 19. PROTECTION AGAINST ACCIDENTS AND DAMAGES. The Sella hereby assumes the entire responsibility and liability for any and all damage, loss or injury of any kind or nature whatsoever to persons or property caused by or resulting from the execution ofthe work provided fro in this purchase order or in connection herewith. The Seller will indemnify and hold harmless the Pumhas" and any or all of the Purchasers officers, agents and employees from and against any and all claims, losses, damages, charges or expenses, whether direct or indirect, and whether to persons or property to which the Purchases may be put or subject by reason of any act action, neglect, omission or default on the pan of the Seller, any of his contractors, or any of the Sellers or contractors officers, agents or employees. In case any suit or other proceedings shall be brought against the Purchaser, or its officers, agents or employees at any time on account or by reason of any act, action, neglect omission or default of the Sella of any of his contractors or any of its or their officers, agents or employees as aforesaid, the Sella hereby agrees to assume the defense thereof and to defend the same at the Sellers own expense, to pay any and all costs, charges, attorneys firm and other expenses, any and all judgments that may be incurred by or obtained against the Purchaser or any of its or their Officers, agents or employees in such suits or other proceedings, and in me judgment or other lien be placed upon or obtained against the property of the Purchases, or said panics in or as a result of such suits or other proceedings. the Sella will at once cause the same to be dissolved and discharged by giving bond or otherwise. The Seller and his contractors shall take all safety precautions, famish and install all guards necessary for the prevention of accidents, comply with all laws and regulations with regard to safety including, but without limitation, the Occupational Safety and Health Act of 1970 and all mlm and regulations issued pursuannhereto. Revised 03/2010 cuYsTnucTIUN'Regional Publications REMIT TO: THE MCGRAW-HILL COMPANIES 75 REMITTANCE DRIVE SUITE 3085 CHICAGO, IL 60675-3085 BILL TO: NVOICE TEAR SHEETS 1 INVOICE A316313 01 ACCOUNT # A30027004 INVOICE DATE 07/27/11 INQUIRIES TO: TEL 800-648-3045 FAX 609-426-7143 ADVERTISER/AGENCY: CITY OF FORT COLLINS BETH DIVEN P 0 BOX 580 The MCGraWHill Companies FORT COLLINS CO 80522 --------ALL AMOUNTS ARE IN U.S. DOLLARS -------- ISSUE/ ::DESCRIPTION:..... :::.:AGENCY :::;::NET .PAGE#1 7, DOLLARS COMMISSION: DOLLARS JOB NUMBER 07/25/11 DENVER DAILY JOURNAL FULL RUN 3 X INCHXICOLUMN 069245001 OFFICIAL PROPOSAL 1 X RATE 153.60 DOWNTOWN CONDUIT BACKBON 07/22/11 07/25/11 HYLDK PO# BID# 7263 TOTAL FOR JOB 069245001 153.60 153.60 1 BILLING TERMS: AYMENT IN FULL DUE PON RECEIPT OF INVOICE TOTAL TAX/VAT 153.60 0.00 153.60 �'I`�.�v�-cam nMem�orandum. From: John Clare To: Donna Douville, FTA, Region VIII Date: July 21, 2011 Subject: City of Fort Collins — Downtown Conduit Backbone and Laterals - IFB I have reviewed the documents forwarded to me regarding the IFB issued by the City of Fort Collins for the Downtown Conduit Backbone and Laterals. I have used the standard FTA PSR competitive IFB checklist with the construction supplement to review these documents. Below are my comments and observations. Independent Cost Estimate The independent cost estimate is acceptable. Advertisement of IFB The City's checklist indicates a location of advertisement, but copies of actual ads were not provided. Adequate Number of Sources Solicited The City's checklist indicates that known DBE firms and other minority interests were notified, but actual copies of the notifications were not provided. Clauses The following clauses are not contained in the IFB document: • Cargo Preference The City's checklist indicates that Fly America is not included. However, this clause is included in the bid documents. This may indicate that a closer review of the checklist signoffs may be warranted. Other Potential Issues The section of the bid documents containing the FTA clauses includes a description of the Payment Bond requirements that include the minimum FTA amounts based on contract value. However, the City's standard General Conditions at Section 5.1 include a requirement for a Payment Bond in the amount of 100% of the contract price. It is recommended that clarification be provided to bidders regarding this inconsistency prior to bid opening since it may have an impact on how the contractors develop their bids. Please let me know if you have any additional questions or comments. Memorandum From: John Clare To: Donna Douville, FTA, Region VIII Date: July 21, 2011 Subject: City of Fort Collins — Downtown Conduit Backbone and Laterals - lFB I have reviewed the documents forwarded to me regarding the IFB issued by the City of Fort Collins for the Downtown Conduit Backbone and Laterals. I have used the standard FTA PSR competitive IFB checklist with the construction supplement to review these documents. Below are my comments and observations. Independent Cost Estimate The independent cost estimate is acceptable. Advertisement of IFB The City's checklist indicates a location of advertisement, but copies of actual ads were not provided. Adequate Number of Sources Solicited The City's checklist indicates that known DBE firms and other minority interests were notified, but actual copies of the notifications were not provided. Clauses The following clauses are not contained in the IFB document: • Cargo Preference The City's checklist indicates that Fly America is not included. However, this clause is included in the bid documents. This may indicate that a closer review of the checklist signoffs may be warranted. Other Potential Issues The section of the bid documents containing the FTA clauses includes a description of the Payment Bond requirements that include the minimum FTA amounts based on contract value. However, the City's standard General Conditions at Section 5.1 include a requirement for a Payment Bond in the amount of 100% of the contract price. It is recommended that clarification be provided to bidders regarding this inconsistency prior to bid opening since it may have an impact on how the contractors develop their bids. Please let me know if you have any additional questions or comments. Tr City "y O• Planning, Development & Transportation Engineering Fort Collins 281 North College Avenue 580 Fortrt CBox ollins, CO8 522.0580 970.221.6605 970.221.6378 - fax fcgo v. comiengineering Pre -Bid Meeting Agenda - Bid No. 7263 City of Fort Collins Downtown Conduit Backbone and Laterals Monday, July 25, 2011 - 2:00 p.m. 215 North Mason Street, Community Room INTRODUCTIONS John Stephen — Senior Buyer, Purchasing 970-221-6777 Erika Keeton - Special Projects Engineer 970-221-6521 BID OPENING SCOPE Monday, August 8, 2011, 3:00 p.m. Purchasing — 215 North Mason Street, Fort Collins MAX BRT Project - Two-way conversion of Mason Conduits, vaults for Traffic, BNSF, BRT Communications Location: City right of way on Mason Street — Laurel to Maple GENERAL CONDITIONS AND GENERAL REQUIREMENTS Substantially complete on or before October 31, 2011 Liquidated Damages - $1000.00 per day Construction Hours - 7:00 a.m. to 6:00 p.m., Monday through Friday. Sanitary Facilities PROJECT SPECIFICATIONS - SECTION 02000 Traffic Control Pedestrian accessibility during construction Maintenance during construction Restoration of landscape and hardscape — concrete, asphalt, potholing flowfill, irrigation Erosion Control Vault locks MISCELLANEOUS Staging Proximity to BNSF railroad — Safety certification QUESTIONS UCP Reports 1 L 6 ✓ Db,,� Page 1 of 1 Unliled Ceartlfication Program z� w Reports a Qg On-line Directory. I Work Codes I Work Code Map �E I Updates Save as Excel IF - Labels/Text Download Directory of Certified Disadvantaged Business Enterprises (DBEs) Contractor: AMERICAN INDUSTRIAL & CONSTRUCTION SUPPLY, INC. Cert.N: 7145 Contact information: Veronica LeDoux Phone: 303-292-5424 Fax: 303-292-9036 975 E. 58th Ave., Unit C County: Denver Woman Owned: Y Denver, CO 80216-0000 Ethnicity: Hispanic Email: veronicaa@aicscolorad_o.com Website: hitp //help://www.aicscolorado.com Work Codes: CDOT GFE Eligible: 60903 Yes Broker fee Concrete 60908 Yes Broker fee Sand 61500 Yes Regular Electrical Products, Supplies And Dealer 60% Components 62000 Yes Regular Fasteners Dealer 60% 63200 Yes Regular Industrial Supplies And Dealer 60% Equipment 64400 Yes Regular Mechanical Dealer 60% 66100 Yes Regular Roofing Dealer 60% g 67200 Yes Regular Tools Dealer 60 Email: Page Master regarding information/ comments about this page Email: Web MaSter regarding website functionality. http://apps.coloradodot.info/ucp/ucp_report.cfm 08/23/2011 UCP Reports Page t of I ,PNZAGFD eG@ o � w �a AsPO' Un~ Certification Pr"raw Reports On-line Directory WorkCodes I Work Code Map I Updates Save as Excet I, labels/rext Download Directory of Certified Disadvantaged Business Enterprises (DBEs) Contractor: NORTHERN COLORADO TRAFFIC CONTROL, INC. Cert.#: 7496 Contact information: Trish Moran Phone:970-356-6881 Fax:970-356-5862 PO Box 490 County: Weld Woman Owned: Y Greeley, CO 80632-0000 Ethnicily: Caucasian Email: nctct mora-n@aol.c_om Work Codes: CDOT GFE Eligible 20700 Yes Traffic Control 20701 Yes Flagging Flagging 20702 Yes Channelizing Devices (Vertical Panels, Barrels, Cones, Glare Screens) Channelizing Devices Vertical Panels, Barrels, Cones, Glare Screens 20703 Yes Temporary Impact Attenuators Temporary Impact Attenuators 20704 Yes Construction Signing Construction Signing 20705 Yes Pavement Marking Pavement Marking 20706 Yes Pilot Vehicle Pilot Vehicle 20800 Yes Delineators And Reflectors Delineators and Reflectors 23001 Yes Permanent Signing Permanent Signing 66700 Yes Signage 67300 Yes Traffic Signs Email: Page_Master regarding information/ comments about this page Email: Web Master regarding website functionality. http://apps.coloradodot.info/ucp/ucp_report.cfm 08/23/2011 FINDING: Element (18) Award to Responsible Contractor The grantee shall make awards only to responsible contractors possessing the ability to perform successfully under the terms and conditions ofa proposed procurement, considering such matters as contractor integrity, compliance with public policy, record of past performance, and f nancial and technical resources. FTA C4220.1 F, CH. VI, 8.b. Discussion The City of Fort Collins is deficient with respect to this element. The City was also deficient with respect to this element in the Procurement System Review performed in FY2010. In one of the 35 files reviewed (Wilson -Mohr), there was no evidence that the City made a determination regarding the contractor's responsibility. RESPONSE: Element 18 Award to Responsible Contractor. The City disagrees that it is deficient in the Wilson -Mohr ($16,028) contract for this element. Info from licensed vendors needed FINDING: Element (23) Price Quotations [Small Purchase) !f small purchase procedures are used, price or rate quotations shall be obtained from an adequate number ofqualified sources. FTA C4220. IF Ch. VI, 3.b Discussion The City of Fort Collins is deficient with respect to this element. The City was also deficient with respect to this element in the Procurement System Review performed in FY2010. In one of the files reviewed (Colorado Boring), there was no evidence that competitive price quotations were requested or received from multiple sources. RESPONSE: Element 23 Price Quotation (Small Purchase). The City disagrees with this finding. This was a purchase to Colorado Boring ($4,538) which was part of the overall City blanket for directional boring work which was bid. A bid tally sheet is attached (Attachment 4) This was the same type of purchase as made with CTL Thompson and which was met the requirements for Small Purchase as reviewed by the auditors. FEDERALLY REQUIRED AND OTHER MODEL CLAUSES APPLICABILITY OF THIRD PARTY CONATRACT CLAUSES (excluding micro -purchases, except for construction contracts over $2,000) TYPE OF PROCUREMENT Clause Professional Operations/ Rolling Stock Construction Materials & Services/A& E Management Purchase Supplies No Federal Government Obligation To Third Parties / All All All All All (by Use of a Disclaimer False Statements or Claims All All All All All Civil and Criminal Fraud Access To Third Party ✓ All All All All All Contract Records Changes to Federal All All All All All Requirements Termination All All All All All Civil Rights Title VI, EEO, ADA >$10,000 >$10,000 >$10,000 >$10,000 >$10,000 Disadvantaged Business All All All All All Enterprises DBEs Incorporation of (FTA) Terns All All All All All Suspension and Debarment I>$25,000 >$25,000 >$25,000 >$25,000 >$25,000 Buy America >$100,000 >$100,000 >$100,000 Resolution of Disputes, ✓ >$100,000 >$100,000 >$100,000 >$100,000 >$100,000 Breaches, or Other Litigation Lobbying >$100,000 >$100,000 >$100,000 >$100,000 >$100,000 Clean Air >$100,000 >$100,000 >$100,000 >$100,000 >$100,000 Clean Water >$100,000 >$100,000 >$100,000 >$100,000 >$100,000 Cargo Preference Involves property Involves property Involves property transported by transported by transported by ocean vessel ocean vessel ocean vessel Fly America 4. �1 Involves foreign transport t travel Involves foreign air Involves foreign Involves foreign Involves foreign air transport or travel transport or travel transport or travel transport or travel b air Davis -Bacon And Copeland Anti- >$2,000 (including Kickback Acts fe vessels Contract Work Hours And Safety >$2,500 (except >$2,000 (including Standards Act transportation >$2,500 ferry vessels) services) Bonding $100,000 Seismic Safety A & E for New Buildings & New Buildings & Additions Transit Employee Protective Transit Operations Agreements Charter Bus All School Bus All Drug Use - Testing and Alcohol Transit Operations Misuse - Testing Patent Rights and Rights in Data Research & and Copyright Requirements Development Energy Conservation All All All All All Recycled Products Contracts for items Contracts for items Contracts for items designated by designated by designated by EPA,when EPA, when EPA,when procuring $10,000 procuring $10,000 procuring $10,000 or more er ear 1 1 or more er ear I or more er ear Conformance With ITS National Architecture I ITS Projects ITS Projects ITS Projects ITS Projects ITS Projects ADA Access A & E All All All All Bus Testing All Pre -Award And Post Delivery Audits All OPINION OF PROBABLE COSTS EARLY CONSTRUCTION ITEM NO WORK ITEM/DESCRIPTION UNIT CITY COST ST nnrrn CITY COST TOTAL PRICE 203-00000 TRENCHING LF 640 $ 876.80287.70 125 $ 171.25 $ 1,335.75 601-00000 CONTROLLED LOW STRENGTH MATERIALCY 640 $ 52,480.00220.00 65 $ 5,330.00 $ 75,030.00 613-00001 DIRECTIONAL BORING LF 4,515 $ 71.550.74728.71 1,955 $ 34.325.94 $ 207,605.38 613-000 22 2" HDPE SDR11 LF 17,192 $ 52,703.50- gl 2,600 $ 8,239.90 $ 60,943.40 61300003 3" HDPE SDR11 LF,514.90 4.400 $ 26.770.00 $ 61,284.90 613-00004 4- HDPE SDRI I LF $ - .776.20 $ - $ 70,776.20 613-00005 2-PVC SCH 40 LF 550 $ 14,159.88,829.44 114 $ 5.227.16 $ 28,216.48 613-00005 2" PVC SCH 4045' RADIUS 10XINTERNAL DI EA 17 $ 646.00$ 13 $ 494.00 $ 1,140.00 813-00005 2' PVC SCH 40.90' RADIUS 10XINTERNAL DI EA 17 $ 731.00 $ 13 $ 559.00 $ 1,290.00 613-00 006 3" PVC SCH 40 LF 1 325 $ 2,778.75 145 $ 1,239.75 $ 4,018.50 613-00006 3' PVC SCH 4045' RADIUS 10XINTERNAL DI EA $ 13 $ 598.00 18 $ 828.00 $ 1,426.00 613-00006 3" PVC SCH 40-90' RADIUS 10XINTERNAL DV EA $ - 13 $ 663.00 18 $ 918.00 $ 1,581.00 613-00007 4" PVC SCH 40 LF $ 325 $ 4,D46.25 $ $ 4.046.25 613-00007 4" PVC SCH 4D45- RADIUS 10XINTERNAL DU EA $ - 13 $ 741.00 $ $ 741.00 613-00007 4" PVC SCH 40-90- RADIUS 10XINTERNAL DU EA $ - 13 $ 806.00 $ - $ 806.00 613-00013 36"X48' EA $ - 11 $ 25.300.00 11 $ 25.300.00 $ 50.600.00 613-00010 365 i4 COMM SPLICE VAULT EA 11 $ 25,300.00 $ $ $ 25,300.00 613-00011 36"X48" COMM SLACK STORAGE VAULT EA 6 $ 13,800.00 $ $ $ 73,800.00 61300014 18"X31' TRAFFIC VAULT EA $ - $ 6 $ 7,650.00 $ 7,650.00 613-00015 13'X24' TRAFFIC VAULT EA $ - $ - 7 $ 6.965.00 $ 6,965.00 613-00016 COMM RANDHOLE EA 3 $ 2,985.00 $ $ $ 2,985.00 203-01596 POTHOLING HR 100 $ 30,000.00 100 $ 30,000.00 100 $ 30,000.00 $ 90,000.00 626-00000 MOBILIZATION LS 0.333333 $ 3,333.33 0.333333 $ 3,333.33 0.333333 $ 3,333.33 $ 10.000.00 630-00000 FIA TRAFFIC CONTROL Lb 0.3 1 $ 7,200.00 0.4 $ 9,600.00 0.3 $ 7.200.00 $ 24.000.00 TOTAL ESTIMATED COSTS 5287,121.13 E320,052.72 5169197.09 E751,540.85 to°lo cw 1S corn lMCA TCFA-c, j 1- Bid 7263 Downtown Conduit Backbone and Laterals CONTRACT CHECKLIST FOR SEALED BIDS Checklist Item Contract File Comments Location 7) Independent Cost Estimate In efile and file Date 7-14-11 by Erika Keeton The City made and documented an independent cost estimate before receipt of proposals. 9) Unreasonable Qualification NO Requirements This solicitation did not contain unreasonable requirements placed on firms in order for them to qualify to do business. 10) Unnecessary Experience and NO Standard requirements Excessive Bonding Unnecessary experience and excessive bonding requirements were not included in this solicitation or contract documents. 11) Organizational Conflict of NO Interest (OCI) If there is an apparent or potential OCI the solicitation contains provisions to eliminate or mitigate the conflict (e.g. by inserting a clause that prohibits the contractor from competing for the follow-on contract to the current design or research contact) and OCI Certification is submitted by the contractor. 12) Arbitrary Action NO There was no arbitrary action in the procurement process. (An example of arbitrary action is when award is made to other than the contractor who most satisfied all the City requirements as specified in the solicitation and as evaluated by staff. 13) Brand Name Restrictions NONE Brand Name or Equal. When it is impractical or uneconomical to provide a clear and accurate description of the technical requirements of the property to be acquired, a "brand name or equal' description may be used to define the performance or other salient characteristics of a specific type of property. The City must identify the salient characteristics of the named brand that offerors must provide. When using a "brand name" specification, the City does not need to reverse -engineer a complicated part to identify precise measurements or specifications in order to describe its salient characteristics. FT A's "Best Practices Procurement Manual," (BPPM) contains additional information on preparation of specifications including examples with specific language. 14) Geographic Preferences NO The solicitation contains no in -State or local geographic preference except where Federal statutes mandate or encourage them. 15) Contract Term Limitation NO The contract period of performance for rolling stock and replacement parts does not exceed five (5) years inclusive of options without prior written FTA approval. For all other types of contracts, the procurement file contains evidence that the contract term is based on sound business judgment. 16) Written Procurement Selection YES Procedures The City has written selection procedures and the solicitation also identifies all requirements that offerors must fulfill and all other factors to be used in evaluating bids or proposals. 17) Solicitation Prequalification NO---- POST QUALIFY Criteria The solicitation required prequalification of persons, firms, or products. The list is current includes enough qualified sources to ensure maximum full and open competition, and potential bidders are not precluded from qualifying during solicitation period from issuance of the solicitation to its closing date. If the solicitation does not contain a prequalification requirement, check NA. 18) Award to Responsible Erika Keeton, Project Manager, Contractor reviewed the bids for accuracy, and The City made a determination that it Tetra Tech is the apparent low was awarding to a responsible bidder. The bid prices are reasonable contractor considering such matters as and she recommend award to Tetra contractor integrity, compliance with Tech Construction Services, Inc. public policy, record of past performance, and financial and Reference checks are in the file. technical resources. 19) Sound and Complete Agreement YES This contract is a sound and complete agreement. In addition, it includes remedies for breach of contract and provisions covering termination for cause and convenience. 23) Price Quotations YES 3 BID RECIEVED Price or rate quotations were obtained from an adequate number of qualified sources. 24) Clear, Accurate, and Complete YES Specification A complete, adequate, and realistic specification or purchased description was available and included any specifications and pertinent attachments which define the items or services sought in order for the bidder to properly respond. 25) Two Bidders YES Bids were received from 3 Two or more responsible bidders were contractors willing and able to compete effectively for the business. 26) Firm Fixed Price YES A firm fixed price contract was appropriate for this procurement. 27) Selection on Price YES The selection of the successful bidder could be made principally on the basis of price. 28) Discussions Unnecessary YES EXCEPT PRE BID WAS In this procurement, other than a HELD JULY 25, 2011 prebid conference, discussions with bidders should not be needed between solicitation and award. 29) Advertising YES DAILY JOURNAL AND The Invitation for Bids was publically COLORADOAN AND COPIES advertised. ARE IN THE EFILE 30) Adequate Number of Sources YES, Also notice sent DBE Solicited vendors from CDOT List for Bids were solicited from an adequate Potholing and Traffic Control and number of known suppliers. also to the Hispanic Chamber of Commerce. 31) Sufficient Bid Time 3 WEEKS Prospective bidders were provided sufficient time to prepare bids prior to the date set for opening the bids. 32) Bid Opening YES All bids were publicly opened at the time and place prescribed in the invitation for bids. 33) Responsiveness YES A firm fixed price contract was awarded in writing to the lowest responsive bidder. 34) Lowest Price NA The bidding documents specified that factors, such as discounts, transportation costs, and life cycle costs, would be considered in determining which bid was the lowest. These factors were considered by the City in determining which bid was the lowest. If these factors were not specified, check NA. 35) Rejecting Bids NA A bid (or bids) was rejected for a sound documented business reason. If no bids were rejected, check NA. 40) Evaluation of Options NO The option quantities or periods contained in the contractor's bid or offer were evaluated in order to determine contract award. (To be eligible for Federal funding, options must be evaluated as part of the price evaluation of offers, or must be treated as sole source awards. 41) Cost or Price Analysis WAS A BID Either a cost analysis or a price analysis was performed and documented. The price was determined to be fair and reasonable. 42) Written Record of Procurement 1. Pricing can be obtained by History Sealed Bidding. The file contains records detailing the 2. Contract will be a firm fixed history of this procurement. At a Price. minimum, these records include: 3. Lowest Responsive (1) the rationale for the method of Responsible Bidder procurement, 4. Firm Fixed Price (2) Selection of contract type, (3) reasons for contractor selection or rejection, and 4 the basis for the contract price. 43) Exercise of Options Not Applicable The grantee exercised an option on this contract adhering to the terms and conditions of the option stated in the contract and determined that the option price was better than prices available in the market or that the option was a more advantageous offer at the time the option was exercised. If an option was not exercised under this contract, check NA. 44) Out of Scope Changes Not Applicable The grantee amended this contract outside the scope of the original contract. The amendment was treated as a sole source procurement (complying with the FTA requirements for a justification, cost analysis and profit negotiation). 45) Advance Payment Provisions NO The contractor did not receive an advance payment utilizing FTA funds and the contract does not contain advance payment provisions or, if it did, prior written concurrence was obtained from FTA. 46) Progress Payment Provisions YES The contract contains progress payments based on costs incurred (as opposed to percent of completion) and the contract contains a provision giving the grantee title to property (materials, work in progress, and finished goods) for which progress payments are made. The contract may contain other security in lieu of obtaining title. 47) Time and Materials Contracts NO This is a time and materials contract; the grantee determined that no other type of contract is suitable; and the contractspecifies a ceiling rice. 48) Cost Plus Percentage of Cost CORRECT This is not a cost plus a percentage of cost type contract. 49) Liquidated Damages Provisions YES This contract contains liquidated damages provisions and the assessment for damages is specified in the contract at a specific rate per day for each day of overrun in contract