HomeMy WebLinkAboutRFP - 7546 DIRECTIONAL BORING & TRENCHING SERVICESRFP 7546 Directional Boring & Trenching Page 1 of 86
REQUEST FOR PROPOSAL
7546 DIRECTIONAL BORING & TRENCHING
The City of Fort Collins is requesting proposals from qualified firms to perform
directional boring and/or trenching operations, potholing, vacuum excavation and
dewatering caissons.
Proposals submission via email is preferred. Proposals shall be submitted n
Microsoft Word or PDF format and e-mailed to: purchasing@fcgov.com. If
electing to submit hard copy proposals instead, five (5) copies, will be received at the
City of Fort Collins' Purchasing Division, 215 North Mason St., 2nd floor, Fort Collins,
Colorado 80524. Proposals will be received before 3:00 p.m. (our clock),
September 30, 2013 and referenced as Proposal No. 7546. If delivered, they are to
be sent to 215 North Mason Street, 2nd Floor, Fort Collins, Colorado 80524. If mailed,
the address is P.O. Box 580, Fort Collins, 80522-0580.
The City encourages all disadvantaged business enterprises to submit proposals in
response to all requests for proposals and will not be discriminated against on the
grounds of race, color, national origin for all proposals for negotiated agreements.
Questions concerning the scope of the project should be directed to Project Manager,
Lou Cordova at (970) 217-6033 or lcordova@fcgov.com.
Questions regarding bid submittal or process should be directed to Pat Johnson,
CPPB, Buyer at (970) 221-6816 or pjohnson@fcgov.com.
A copy of the Proposal may be obtained as follows:
1. Download the Proposal/Bid from the BuySpeed Webpage,
www.fcgov.com/eprocurement
The City of Fort Collins is subject to public information laws, which permit access to
most records and documents. Proprietary information in your response must be clearly
identified and will be protected to the extent legally permissible. Proposals may not be
marked ‘Proprietary’ in their entirety. Information considered proprietary is limited to
material treated as confidential in the normal conduct of business, trade secrets,
discount information, and individual product or service pricing. Summary price
information may not be designated as proprietary as such information may be carried
forward into other public documents. All provisions of any contract resulting from this
request for proposal will be public information.
Financial Services
Purchasing Division
215 N. Mason St. 2nd Floor
PO Box 580
Fort Collins, CO 80522
970.221.6775
970.221.6707
fcgov.com/purchasing
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Sales Prohibited/Conflict of Interest: No officer, employee, or member of City Council,
shall have a financial interest in the sale to the City of any real or personal property,
equipment, material, supplies or services where such officer or employee exercises
directly or indirectly any decision-making authority concerning such sale or any
supervisory authority over the services to be rendered. This rule also applies to
subcontracts with the City. Soliciting or accepting any gift, gratuity favor, entertainment,
kickback or any items of monetary value from any person who has or is seeking to do
business with the City of Fort Collins is prohibited.
Collusive or sham proposals: Any proposal deemed to be collusive or a sham proposal
will be rejected and reported to authorities as such. Your authorized signature of this
proposal assures that such proposal is genuine and is not a collusive or sham proposal.
The City of Fort Collins reserves the right to reject any and all proposals and to waive
any irregularities or informalities.
Sincerely,
Gerry S. Paul
Director of Purchasing & Risk Management
RFP 7546 Directional Boring & Trenching Page 3 of 86
7546 DIRECTIONAL BORING AND TRENCHING
PROJECT SCOPE OF WORK
I. PURPOSE & BACKGROUND
A. PURPOSE
The City of Fort Collins is requesting proposals from qualified construction
Contractors to perform directional boring and/or trenching operations, potholing
to locate underground utilities or verify clear zones for traffic signal caisson
installation, vacuum excavation of traffic signal caissons and to dewater
caissons.
The City of Fort Collins Light & Power Operations Department (L&P) will be the
primary users of this contract, while the Traffic Operations Department will also
request work of the chosen Contractors. Additional City departments may utilize
this contract occasionally. The selected Contractor(s) will work closely with L&P
crews, L&P customers, and other City Project Managers.
The City intends to select a primary Contractor to perform directional boring
and/or trenching operations to assist L&P in installing underground electric lines,
mostly in existing subdivisions; and a second Contractor to assist with this scope
of work should the workload become too great. Both Contractors may be asked
to assist Traffic and other departments with potholing and vacuum excavation.
The amount of work required for the calendar year has no guaranteed quantities
and quantities in the bid tab will be used for bidding and award purposes only.
The selected consultants may be retained by the City of Fort Collins Utilities
annually for up to five years to provide these services as they are required.
The City of Fort Collins shall have the option to bid specific projects as deemed
necessary.
B. L&P BACKGROUND
Throughout the City of Fort Collins there are areas of underground electric lines
that are nearing the end of their life-cycle. Many of these are over 30 years old
and have been marked for “reconstruction”. This typically will involve installing
new electric lines in the front of lots and will require directional boring and/or
trenching. Electric mains as well as services will be installed throughout the
process. A smaller project may consist of a single pothole.
Some areas recently annexed to the City will have some construction to
underground existing overhead and/or “rebuild” existing underground. This area
of work will include residential as well as business customers. Light & Power’s
(L&P) Project Managers (PM) will draw up work orders with mapping for all of the
work to be done.
Conduits, cables, flush-mounted vaults, transformers and switch cabinets will be
installed during the course of the awarded contract(s). The main area of
assistance from a Contractor will be in the installing of the conduits as well as at
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times non-energized cables for services to customers. This likely will include
directional boring as well as trenching. The Contractor is expected to possess
the experienced personnel, the proper equipment, and the necessary tools to
trench and/or directional bore in a wide variety of differing physical locations and
conditions (including shale), to backfill, compact, remove spoils from
trenching/directional boring, compact and re-landscape with various materials, to
install L&P’s equipment.
C. TRAFFIC OPERATIONS BACKGROUND
The Traffic Operations Department is looking for an on-call boring services
contractor. The scope of work will vary from potholes and vacuum excavation to
directional boring and trenching.
Construction activities specific to Traffic Operations work may include:
1. Potholing to locate underground utilities or verify clear zones for traffic signal
caisson installation.
2. Vacuum excavation of traffic signal caissons.
3. Dewatering caissons.
II. SCOPE OF WORK
When a need is identified, City Project Managers (PM) will contact the Contractor to
discuss the scope of the work order, perhaps meeting onsite. The Project Manager
will draw up the work order with mapping for all of the work to be done. The
representatives of the Contractor will work closely with the PM to plan work activities
for each work order and decide on a schedule for completion. The Contractor will
submit a Work Order Estimate Sheet (Exhibit E) with charges estimated for the work
order.
During the project, the Contractor will be expected to submit a weekly log of services
completed. The Contractor is required to submit an invoice for each work order upon
completion and acceptance of the project.
Typical construction activities include:
1. Perform directional boring and installation of conduit and/or inner duct to a
depth of 30-48 inches. Other depths are possible due to circumstances
but must be approved in advance by the City Project Manager.
2. Remove “mud” from bore areas as needed.
3. Open trench in dirt.
4. Open trench in landscaped area.
5. Open trench in street, parking lot, or other areas paved with concrete,
asphalt, roadbase, or other materials.
6. Backfill and compact using spoils from the trench.
7. Backfill and compact using non-shrink material.
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8. Backfill and compact using slurry.
9. Install conduit and/or inner duct in trenches, raceways, vaults, and building
entrances.
10. Install handholes, vaults, splice boxes, building risers, and associated
equipment.
11. Install electrical cables in trenches, vaults, raceways, and other areas.
12. Core drill concrete slab (typical patio thickness) next to house meter
locations.
13. Coordinate with L&P customers and citizens, utility locators, permit
administrators, job inspectors, L&P subcontractors, and others as
required.
14. **Saw-cut and remove concrete and/or asphalt.
15. **Replace concrete, asphalt, roadbase, dirt and other material in order to
restore are to as near original condition as possible.
16. **Restore landscaping, irrigation and other disturbed areas to previous
condition.
17. Other construction activities may be requested by the City at a price to be
negotiated between the parties.
**These services may or may not be requested at the discretion of the City Project
Manager. Contractor shall, however, provide pricing in their proposal to the City of
Fort Collins.
Typical Project to Proceed as Follows
1. The PM provides a map indicating the project area information specific to
that area as required.
2. The PM and the Contractor’s Representative jointly review the project
area and clarify any remaining details.
3. The Contractor’s Representative will complete a Work Order Estimate
Sheet for the project area indicating work units and any items specific to
the work area. Upon completion of the Work Order Estimate Sheet, the
price for completing the project area is calculated based on unit prices
submitted in the Contractor’s response to the City’s Request for Proposal
along with any specific adjustments mutually agreed by the parties.
4. The PM and the Contractor’s Representative determine a starting date
and a completion date for the project area and include this on the work
order.
5. The PM and the Contractor’s Representative review and approve the
completed work order for the area. The completed work order must have
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the specific dollar amounts and stated completion dates as agreed to by
both parties.
6. Work is then completed by the Contractor, in accordance with the specific
requirements as stated in the Request for Proposal, between the agreed
to starting and completion dates. Contractor will be responsible for the
following, as required:
a. Obtaining private locates for all utilities for each project;
b. Quality control;
c. Traffic control.
7. Should there be a need to add, delete or revise the scope of work; change
the completion date; or change the price due to the scope of work change;
a Change Order form must be completed. Both the PM and the
Contractor’s Representative will negotiate, approve and sign the Change
Order form prior to initiation of the additional work.
8. After completion, the PM and the Contractor’s Representative review the
project area to verify work is complete and satisfactory. The PM and the
Contractor’s Representative mutually edit and update the construction
maps and other project information as necessary to reflect as-built
conditions.
9. Upon mutual agreement between the PM and the Contractor’s
Representative that work is complete and satisfactory, the Contractor
prepares and submits to the PM an invoice for the amount agreed to on
the work order. The PM then initiates processing the payment request.
III. SPECIAL CONDITIONS
A. In order to be selected, the Contractor must:
1. be licensed to perform the required work in the City of Fort Collins;
2. be able to obtain all required permits, utility locates, traffic plans, and must
pay all fees as necessary;
3. must respond to the Project Manager’s request by scheduling a meeting to
begin an individual work order within five (5) working days of notification;
4. must carry required levels of insurance and agree to indemnify the City as
described in the Services Agreement and the General Conditions;
5. must be able to comply with all applicable safety regulations;
6. must demonstrate, to the City’s satisfaction that they have adequate staffing,
experience, equipment, and tools, including safety equipment to do the job;
and
7. sign the attached Services Agreement and agree to comply to all terms of the
Agreement through the Agreement term.
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B. Property Owners/Customers: The City has a responsibility to coordinate all of
these construction activities with the property owners and customers and expects
to work with the Contractor in this capacity, with the Contractor taking the lead
with the property owners/customers. The Contractor will be expected to notify
affected property owners and tenants at least 24 hours in advance of starting
work at a given property. Various methods may be used at the discretion of the
Project Manager including door hangers, telephone contact, and on-site
meetings with customers.
The Contractor may have to reschedule work based on requests from a property
owner or tenant, deal with complaints, and perform follow-up work to the
satisfaction of the City and its customers.
Because the Contractor will be working on customer properties and around
customer’ homes, they must maintain the cleanliness of the job site to the
greatest extent possible. All trash and construction debris must be removed daily
and the area restored to as near original condition as quickly as possible.
Citizen’s property that is not included in the work order and damaged during the
course of the work order will be the responsibility of the Contractor to repair.
C. Project Contact: The Contractor will be expected to provide a primary and a
back-up contact person for all work orders. Both the primary and back-up contact
will be involved in the following: agreement on the work to be performed, work
schedules, construction details, making contact with customers, settling disputes,
site inspections, work acceptance, change orders, and other issues.
D. Liquidated Damages: The date to begin and complete actual construction will
be mutually agreed to, and defined in each individual work order. The City may
impose liquidated damages of $500.00 per day for each day following the date of
completion for each work order if the work is not completed.
E. Warranty: A two year installation warranty shall be required from the Contractor.
F. Standard of Conduct: The successful firm shall be responsible for maintaining
satisfactory standards of employees' competency, conduct, courtesy,
appearance, honesty, and integrity, and shall be responsible for taking such
disciplinary action with respect to any employee, as may be necessary.
The City may request the successful firm to immediately remove from this
assignment any employee found unfit to perform duties due to one or more of the
following reasons:
(1) Neglect of duty.
(2) Disorderly conduct, use of abusive or offensive language, quarreling,
intimidation by words or actions or fighting.
(3) Theft, vandalism, immoral conduct or any other criminal action.
(4) Selling, consuming, possessing, or being under the influence of intoxicants,
including alcohol, or illegal substances while on assignment for the City.
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Agents and employees of Contractor working for the City shall present a clean
and neat appearance. Prior to performing any work for the City, the Contractor or
Consultant shall require each of their employees to wear ID badges or uniforms
identifying: the Contractor or Consultant by name, the first name of their
employee and a photograph of their employee if using an ID badge. Their
employee shall wear or attach the ID badge to the outer garments at all times.
G. OSHA: Contractors are asked to provide their “OSHA Lost Time Rate” and
“OSHA Recordable Incident Rate”, accompanied by the Contractors OSHA 300
log for the last full year. Contractors must also provide a letter from NCCI
showing the current year Experience Modification Rate.
H. Waste: Boring waste will be disposed of according to all local, state and federal
regulations. Contractors are to provide a description of how they propose to
dispose of their boring waste.
I. Traffic Control: Awarded Contractor is required to provide traffic control for
projects. Contractor will itemize traffic control on each scope of work based on
the pricing submitted with the Contractor’s proposal. Contractor is required to
provide a traffic control rate sheet with their RFP response.
J. Sustainability: All qualified Contractors participating in the submitted proposal
are to explain in detail what their organization does in the way of a Sustainability
Plan. Include as a minimum what your firm does in the way of use of materials,
equipment, vehicles, fuel, recycling, office practices, etc. as an organization that
demonstrates leadership and that you “walk the talk” in regard to sustainable
practices within your own organization.
IV. PROPOSAL GUIDELINES
Qualified Contractors interested in the work described in this request should submit
the following information to the City:
1. General information.
a. Name of firm, type of firm (incorporation, LLC, etc) contact person for this
proposal, title, phone number, email, street and mailing addresses, any
previous names of firm in last ten (10) years, and date established.
b. List current projects under construction and include owner’s name, contract
price, percent complete, scheduled completion date and brief description of
the type of work and detail about change orders that have occurred during the
project.
c. Please provide a brief description about your company and/or its interest in
promoting environmental sustainability.
d. Include 1-2 paragraph’s regarding your firm’s experience in projects/contracts
similar to the scope of work as requested in this RFP.
e. Describe in detail your firms approach to the project.
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2. Key project staffing
Submit the following information:
a. An organization chart of onsite project management with names
b. An organizational chart of all management with names that will be involved in
the project including subcontractors
c. Job descriptions of key positions (i.e., onsite supervisor, all personnel of
installation crew, others as appropriate)
d. Resumes or work history of individuals proposed to fill these key positions
e. Define who will negotiate (a) the Services Agreement (b) individual work
orders
f. Indicate the availability of all individuals proposed on this project
Please indicate your firms approach to staffing the entire project. Indicate
pertinent work experience and availability of assigned personnel. Include
references from owners for the last 3 projects for each assigned person and
similar references for work on Electric Services Undergrounding Programs (if not
among last three projects). Indicate if key staff will be assigned to manage the
work for the duration of the contract.
3. General company resources.
Indicate the resources available for construction approach and methods,
construction sequencing and scheduling, equipment scheduling.
Indicate location(s) if not based in the office location listed in item 1 above. If firm
has several locations, identify which will be the primary contact for contracts
awarded from this RFP.
List all projects and contract amounts completed by the firm in the past five
years.
Please address in detail the availability of equipment necessary to perform this
work.
4. Project experience.
Provide a brief summary of at least five (5) construction similar to this RFP’s
scope of work projects performed by the firm in the last five (5) years. Highlight
any participation by key staff proposed for this project. Provide data on:
a. Bid cost
b. Cost at completion and number of change orders
c. Contractor, subcontractor or owner initiated claims and their resolution
d. Contract time for completion when bid.
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e. Actual completion time.
Brief discussion of any unusual factor is encouraged (e.g. Owner initiated delays,
additions to the work, etc.). Provide an owner reference (contact name, phone
number and email) for cited projects.
5. Safety record.
Contractors are asked to provide their “OSHA Lost Time Rate” and “OSHA
Recordable Incident Rate”, accompanied by the Contractors OSHA 300 log for
the last full year. Contractors must also provide a letter from NCCI showing the
current year Experience Modification Rate.
6. Subcontractors.
Based on the description of the work in this request, describe which portions of
the work (if any) will be performed by subcontractors. Provide data on:
Project cost
Cost at completion and number of change orders
Contractor, subcontractor or owner initiated claims and their resolution
Contract time for completion when bid.
Actual completion time.
7. Damages Caused by Contractor.
Describe any major and/or minor damages caused by Contractor to others
property during the last five (5) years. Indicate how the damages were handled,
who handled them and who paid for them.
8. Construction Costs.
Complete the Unit Price Sheet (Exhibit D) attached to this request for proposal.
Provide costs for additional services you provide that are not included on the
price sheet.
Note: The City of Fort Collins shall provide materials to the Contractor for
installation.
Provide the fee schedules for the following, if any, for:
a. Obtaining private locates
b. Quality control
c. Traffic control
9. Financial statement.
Provide a recent financial statement showing:
a. Current assets
b. Other assets
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c. Current liabilities
d. Other liabilities
10. Available Equipment.
Provide a list of equipment and available labor that may be utilized during the
course of work. Hourly rates for equipment and labor shall be included.
11. Sample Project – L & P
Please complete a Work Order Estimation Sheet (Exhibit E) and provide a
narrative explaining your task, sequence and time frame for the following work.
This information will be used to assist in the evaluation of each proposal.
Contractors are to provide information for both sample projects.
The attached map is a sample of a "typical work order" in which L&P would be
asking the awarded company to install the duct system. Please assume that all
2" and 4" conduit, all 90 degree bends, glue and couplings will be provided by
L&P through the L&P warehouse.
The wire, to be later installed by L&P, is 1/0 primary cable, 1/0T, 4/0T, and 350T
secondary cable.
200-308 Swallow consists of 11 residences which will have a new electric
underground system installed front lot. Each electric service (1/0 and 4/0) will
have a 2" conduit installed from the secondary vault (square box) or primary vault
(oval vault). At the electric meter (on the house) the conduit will be swept up
utilizing a 24" radius 90 degree bend. At secondary boxes (2" and 4") all conduit
will be swept up utilizing 24" radius 90 degree bends. At primary vaults all
conduit will be routed into the vaults by L&P personnel in coordination with
directional boring work. The conduit is to be bored between 30"-48". Installing at
these depths is vital to maintain proper clearances and to meet required codes.
Please assume that the front of each lot is 75' in width and 100' in length. Each
service is to be 50' from the front of the lot.
Pit holes will be utilized at each vault for directional boring. L&P will install the
vaults (primary and secondary). All cable will be installed by L&P.
Please assume that 3 of the electric services have patios directly under the
meters. For these L&P would like you to core drill a hole directly under the meter
to provide access to install the conduit.
Each residence is to have a private plumbing company locate the sewer service.
Include the cost in your estimate to complete the work.
-South of 212 Swallow the 2" conduit is to be bored across Swallow for future
use.
-At the east edge of 308 Swallow the 2" conduit is to be left at the property
line for future use.
- This job consists of:
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- 1 oval vault
- 3 secondary vaults
- 2 street crossings (including the cul-de-sac crossing)
-All conduit and vaults to be installed within 3' behind the sidewalk except for
crossings and services to residences.
L&P will obtain a City Engineering permit that the Directional Boring Company
will be allowed to work under.
Contractors are expected to submit, in their proposal, an estimate to complete
this work. Any questions in working up this estimate may be directed to lcordova
@970-217-6033.
12. Sample Project – Traffic Operations
Please complete a Work Order Estimation Sheet (Exhibit E) and provide a
narrative explaining your task, sequence and time frame for the following work.
This information will be used to assist in the evaluation of each proposal.
Contractors are to provide information for both sample projects.
Include a sample quality control plan and all traffic control plans necessary to
complete the scope of work.
A new signal is being built at College and Carpenter as part of a new
development. As part of the permitting process, the Colorado Department of
Transportation (CDOT) will require a quality control plan and appropriate work
area traffic control plans. The scope of work includes the following tasks:
1. Directional boring of all four legs of the intersection. Each crossing will have
2-2” and 2-3” conduits installed and tied into 17” X 30” vaults set by the boring
Contractor.
2. Vacuum excavation of a 36” diameter caisson to a depth of 15 feet.
3. Dewatering of a caisson prior to concrete placement.
4. Provide all traffic control required to complete this work.
Traffic Operations will obtain a City Engineering permit that the Directional Boring
Company will be allowed to work under.
Any questions in working up this estimate may be directed to Britney Sorensen
@970-222-5533.
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V. REVIEW AND ASSESSMENT.
Firms will be evaluated on the following criteria. These criteria will be the basis for
review of the written proposals and optional interview session. At discretion of the
City, interviews of top rated firms may be held.
The rating scale shall be from 1 to 5, with 1 being a poor rating, 3 being an average
rating, and 5 being an outstanding rating.
WEIGHTING
FACTOR QUALIFICATION STANDARD
2.0 Scope of Proposal
Does the proposal show an understanding
of the project objective, methodology to be
used and results that are desired from the
project?
2.0
Assigned Personnel/
Assigned Project
Team; and Safety
Record
Do the persons who will be working on the
project have the necessary skills? Are
sufficient people of the requisite skills
assigned to the project?
Provide your firms OSHA 300 log for the
last full year, including the “OSHA Lost
Time Rate” and “OSHA Recordable
Incident Rate”.
Contractors must also provide a letter from
NCCI showing the current year Experience
Modification Rate.
1.0 Firm experience
Has the firm worked on projects similar in
scope to this project? Was their work of a
high quality in nature?
Does the firm have experience to complete
the work?
Do your subcontractors have the
experience to complete the work?
1.0 Motivation
Is the firm interested and are they capable
of doing the work in the required time
frame?
Is there a commitment to the successful
completion of each project phase or task?
2.0
Cost and
Work Hours
Do the proposed cost and work hours
compare favorably with industry standards
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Construction Cost
Factors
and other firm’s construction costs?
Are the work hours presented reasonable
for the effort required in each project task
or phase?
2.0
Firm Capability and
Construction
performance
Does the firm have the support capabilities
the assigned personnel require? Has the
firm been awarded previous projects of this
type and scope?
Do the referenced projects reflect
favorably in respect to completion within
the contract schedule, cost and number of
change orders and claims?
Identify any damages caused by your firm
and your subcontractor’s in the last three
(3) years.
Does the firm have equipment, manpower
and finances to complete the work?
Do your subcontractors have the
experience, equipment, manpower and
finances to complete the work?
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VI. REFERENCE EVALUATION (TOP RANKED FIRM)
The project Manager may check references using the following criteria. The
evaluation rankings will be labeled Satisfactory/Unsatisfactory.
QUALIFICATION STANDARD
Overall Performance
Would you hire this Professional again?
Did they show the skills required by this
project?
Timetable
Was the original Scope of Work completed
within the specified time? Were interim
deadlines met in a timely manner?
Completeness
Was the Professional responsive to client
needs? Did the Professional anticipate
problems? Were problems solved quickly
and effectively?
Budget
Was the original Scope of Work completed
within the project budget?
Job Knowledge
a) If a study, did it meet the Scope of
Work?
b) If Professional administered a
construction contract, was the project
functional upon completion and did it
operate properly? Were problems
corrected quickly and effectively?
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EXHIBIT A
SERVICES AGREEMENT
THIS AGREEMENT made and entered into the day and year set forth below by and
between THE CITY OF FORT COLLINS, COLORADO, a Municipal Corporation, hereinafter
referred to as the "City" and , hereinafter referred to as "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 attached hereto as Exhibit "A", consisting of ( )
page and incorporated herein by this reference. Irrespective of references in Exhibit
A to certain named third parties, Professional shall be solely responsible for performance
of all duties hereunder.
2. The Work Schedule. [Optional] The services to be performed pursuant to this Agreement
shall be performed in accordance with the Work Schedule attached hereto as Exhibit "B",
consisting of ( ) page , and incorporated herein by this reference.
3. Time of Commencement and Completion of Services. The services to be performed
pursuant to this Agreement shall be initiated within ( ) days following
execution of this Agreement. Services shall be completed no later than . Time is of
the essence. Any extensions of the time limit set forth above must be agreed upon in a
writing signed by the parties.
4. Contract Period. [Option 1] This Agreement shall commence upon the date of execution
shown on the signature page of this Agreement and shall continue in full force and effect
for one (1) year, unless sooner terminated as herein provided. In addition, at the option of
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the City, the Agreement may be extended for an additional period of one (1) year at the
rates provided with written notice to the Professional mailed no later than ninety (90) days
prior to contract end.
5. Contract Period. [Option 2] This Agreement shall commence , 200 , and shall
continue in full force and effect until , 200 , 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 ( ) additional one year periods.
Renewals and pricing changes shall be negotiated by and agreed to by both parties. The
Denver Boulder Greeley CPIU published by the Colorado State Planning and Budget
Office will be used as a guide. Written notice of renewal shall be provided to the Service
Provider and mailed no later than ninety (90) days prior to contract end.
6. Delay. If either party is prevented in whole or in part from performing its obligations by
unforeseeable causes beyond its reasonable control and without its fault or negligence,
then the party so prevented shall be excused from whatever performance is prevented by
such cause. To the extent that the performance is actually prevented, the Service
Provider must provide written notice to the City of such condition within fifteen (15) days
from the onset of such condition.
7. Early Termination by City/Notice. Notwithstanding the time periods contained herein, the
City may terminate this Agreement at any time without cause by providing written notice of
termination to the Service Provider. Such notice shall be delivered at least fifteen (15)
days prior to the termination date contained in said notice unless otherwise agreed in
writing by the parties. All notices provided under this Agreement shall be effective when
mailed, postage prepaid and sent to the following addresses:
Service Provider: City: Copy to:
Attn:
City of Fort Collins
Attn:
City of Fort Collins
Attn: Purchasing Dept.
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PO Box 580
Fort Collins, CO 80522
PO Box 580
Fort Collins, CO 80522
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. Such payment shall be the Service
Provider's sole right and remedy for such termination.
8. Contract Sum. The City shall pay the Service Provider for the performance of this
Contract, subject to additions and deletions provided herein, ($ ) as per the
attached Exhibit " ", consisting of page , and incorporated herein by this
reference.
9. City Representative. The City will designate, prior to commencement of the work, its
representative who shall make, within the scope of his or her authority, all necessary and
proper decisions with reference to the services provided under this agreement. All
requests concerning this agreement shall be directed to the City Representative.
10. Independent Service provider. The services to be performed by Service Provider are
those of an independent service provider and not of an employee of the City of Fort
Collins. The City shall not be responsible for withholding any portion of Service Provider's
compensation hereunder for the payment of FICA, Workmen's Compensation or other
taxes or benefits or for any other purpose.
11. Subcontractors. Service Provider may not subcontract any of the Work set forth in the
Exhibit A, Statement of Work without the prior written consent of the city, which shall not
be unreasonably withheld. Service Provider may, however, subcontract the […] work or
other portions of the Work by providing notice to the City of its intent to do so. If any of the
Work is 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
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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.
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. Acceptance Not Waiver. The City's approval or acceptance of, or payment for any of the
services shall not be construed to operate as a waiver of any rights or benefits provided to
the City under this Agreement or cause of action arising out of performance of this
Agreement.
14. Warranty.
a. Service Provider warrants that all work performed hereunder shall be performed with
the highest degree of competence and care in accordance with accepted standards for
work of a similar nature.
b. Unless otherwise provided in the Agreement, all materials and equipment incorporated
into any work shall be new and, where not specified, of the most suitable grade of their
respective kinds for their intended use, and all workmanship shall be acceptable to
City.
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c. Service Provider warrants all equipment, materials, labor and other work, provided
under this Agreement, except City-furnished materials, equipment and labor, against
defects and nonconformances in design, materials and workmanship/workwomanship
for a period beginning with the start of the work and ending twelve (12) months from
and after final acceptance under the Agreement, regardless 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 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, such party may be declared in default thereof.
16. Remedies. In the event a party has been declared in default, such defaulting party shall
be allowed a period of ten (10) days within which to cure said default. In the event the
default remains uncorrected, the party declaring default may elect to (a) terminate the
Agreement and seek damages; (b) treat the Agreement as continuing and require specific
performance; or (c) avail himself of any other remedy at law or equity. If the non-defaulting
party commences legal or equitable actions against the defaulting party, the defaulting
party shall be liable to the non-defaulting party for the non-defaulting party's reasonable
attorney fees and costs incurred because of the default.
17. Binding Effect. This writing, together with the exhibits hereto, constitutes the entire
agreement between the parties and shall be binding upon said parties, their officers,
employees, agents and assigns and shall inure to the benefit of the respective survivors,
heirs, personal representatives, successors and assigns of said parties.
18. Indemnity/Insurance.
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a. The Service Provider agrees to indemnify and save harmless the City, its officers,
agents and employees against and from any and all actions, suits, claims, demands or
liability of any character whatsoever brought or asserted for injuries to or death of any
person or persons, or damages to property arising out of, result from or occurring in
connection with the performance of any service hereunder.
b. The Service Provider shall take all necessary precautions in performing the work
hereunder to prevent injury to persons and property.
c. Without limiting any of the Service Provider's obligations hereunder, the Service
Provider shall provide and maintain insurance coverage naming the City as an
additional insured under this Agreement of the type and with the limits specified within
Exhibit , consisting of one (1) page, attached hereto and incorporated herein by
this reference. The Service Provider before commencing services hereunder, shall
deliver to the City's Director of Purchasing and Risk Management, P. O. Box 580 Fort
Collins, Colorado 80522 one copy of a certificate evidencing the insurance coverage
required from an insurance company acceptable to the City.
19. Entire Agreement. This Agreement, along with all Exhibits and other documents
incorporated herein, shall constitute the entire Agreement of the parties. Covenants or
representations not contained in this Agreement shall not be binding on the parties.
20. Law/Severability. The laws of the State of Colorado shall govern the construction
interpretation, execution and enforcement of this Agreement. In the event any provision of
this Agreement shall be held invalid or unenforceable by any court of competent
jurisdiction, such holding shall not invalidate or render unenforceable any other provision
of this Agreement.
21. Prohibition Against Employing Illegal Aliens. Pursuant to Section 8-17.5-101, C.R.S., et.
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seq., Service Provider represents and agrees that:
a. As of the date of this Agreement:
1. Service Provider does not knowingly employ or contract with an illegal alien who
will perform work under this Agreement; and
2. Service Provider will participate in either the e-Verify program created in Public
Law 208, 104th Congress, as amended, and expanded in Public Law 156, 108th
Congress, as amended, administered by the United States Department of
Homeland Security (the “e-Verify Program”) or the Department Program (the
“Department Program”), an employment verification program established pursuant
to Section 8-17.5-102(5)(c) C.R.S. in order to confirm the employment eligibility of
all newly hired employees to perform work under this Agreement.
b. Service Provider shall not knowingly employ or contract with an illegal alien to perform
work under this Agreement or knowingly enter into a contract with a subcontractor that
knowingly employs or contracts with an illegal alien to perform work under this
Agreement.
c. Service Provider is prohibited from using the e-Verify Program or Department Program
procedures to undertake pre-employment screening of job applicants while this
Agreement is being performed.
d. If Service Provider obtains actual knowledge that a subcontractor performing work
under this Agreement knowingly employs or contracts with an illegal alien, Service
Provider shall:
1. Notify such subcontractor and the City within three days that Service Provider has
actual knowledge that the subcontractor is employing or contracting with an illegal
alien; and
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2. Terminate the subcontract with the subcontractor if within three days of receiving
the notice required pursuant to this section the subcontractor does not cease
employing or contracting with the illegal alien; except that Service Provider shall
not terminate the contract with the subcontractor if during such three days the
subcontractor provides information to establish that the subcontractor has not
knowingly employed or contracted with an illegal alien.
e. Service Provider shall comply with any reasonable request by the Colorado
Department of Labor and Employment (the “Department”) made in the course of an
investigation that the Department undertakes or is undertaking pursuant to the
authority established in Subsection 8-17.5-102 (5), C.R.S.
f. If Service Provider violates any provision of this Agreement pertaining to the duties
imposed by Subsection 8-17.5-102, C.R.S. the City may terminate this Agreement. If
this Agreement is so terminated, Service Provider shall be liable for actual and
consequential damages to the City arising out of Service Provider’s violation of
Subsection 8-17.5-102, C.R.S.
g. The City will notify the Office of the Secretary of State if Service Provider violates this
provision of this Agreement and the City terminates the Agreement for such breach.
22. Special Provisions. Special provisions or conditions relating to the services to be
performed pursuant to this Agreement are set forth in Exhibit " " - Confidentiality,
consisting of ( ) pages, attached hereto and incorporated herein by this
reference.
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CITY OF FORT COLLINS, COLORADO
a municipal corporation
By:_______________________________
Gerry Paul
Director of Purchasing and Risk Management
Date:_____________________________
ATTEST:
_________________________________
City Clerk
APPROVED AS TO FORM:
________________________________
Assistant City Attorney
By:_______________________________
__________________________________
PRINT NAME
__________________________________
CORPORATE PRESIDENT OR VICE PRESIDENT
Date:_____________________________
ATTEST: (Corporate Seal)
_____________________________
CORPORATE SECRETARY
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EXHIBIT B
INSURANCE REQUIREMENTS
1. 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, and containing substantially the following statement:
"The insurance evidenced by this Certificate will not be cancelled or materially
altered, except after ten (10) days written notice has been received by the City of Fort
Collins."
In case of the breach of any provision of the Insurance Requirements, the City, at its
option, may take out and maintain, at the expense of the Service Provider, such
insurance as the City may deem proper and may deduct the cost of such insurance from
any monies which may be due or become due the Service Provider under this
Agreement. 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 for any claims arising out of work performed under this Agreement.
2. Insurance coverages shall be as follows:
A. Workers' Compensation & Employer's Liability. The Service Provider shall
maintain during the life of this Agreement for all of the Service Provider's
employees engaged in work performed under this agreement:
1. Workers' Compensation insurance with statutory limits as required by
Colorado law.
2. Employer's Liability insurance with limits of $100,000 per accident,
$500,000 disease aggregate, and $100,000 disease each employee.
B. Commercial General & Vehicle Liability. The Service Provider shall maintain
during the life of this Agreement such commercial general liability and automobile
liability insurance as will provide coverage for damage claims of personal injury,
including accidental death, as well as for claims for property damage, which may
arise directly or indirectly from the performance of work under this Agreement.
Coverage for property damage shall be on a "broad form" basis. The amount of
insurance for each coverage, Commercial General and Vehicle, shall not be less
than $500,000 combined single limits for bodily injury and property damage.
In the event any work is performed by a subcontractor, the Service Provider shall
be responsible for any liability directly or indirectly arising out of the work
performed under this Agreement by a subcontractor, which liability is not covered
by the subcontractor's insurance.
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EXHIBIT C
CONFIDENTIALITY
IN CONNECTION WITH SERVICES provided to the City of Fort Collins (the “City”) pursuant to
this Agreement (the “Agreement”), the Service Provider hereby acknowledges that it has been
informed that the City has established policies and procedures with regard to the handling of
confidential information and other sensitive materials.
In consideration of access to certain information, data and material (hereinafter individually and
collectively, regardless of nature, referred to as “information”) that are the property of and/or
relate to the City or its employees, customers or suppliers, which access is related to the
performance of services that the Service Provider has agreed to perform, the Service Provider
hereby acknowledges and agrees as follows:
That information that has or will come into its possession or knowledge in connection with the
performance of services for the City may be confidential and/or proprietary. The Service
Provider agrees to treat as confidential (a) all information that is owned by the City, or that
relates to the business of the City , or that is used by the City in carrying on business, and (b)
all information that is proprietary to a third party (including but not limited to customers and
suppliers of the City) . The Service Provider shall not disclose any such information to any
person not having a legitimate need-to-know for purposes authorized by the City. Further, the
Service Provider shall not use such information to obtain any economic or other benefit for itself,
or any third party, except as specifically authorized by the City.
The foregoing to the contrary notwithstanding, the Service Provider understands that it shall
have no obligation under this Agreement with respect to information and material that (a)
becomes generally known to the public by publication or some means other than a breach of
duty of this Agreement, or (b) is required by law, regulation or court order to be disclosed,
provided that the request for such disclosure is proper and the disclosure does not exceed that
which is required. In the event of any disclosure under (b) above, the Service Provider shall
furnish a copy of this Agreement to anyone to whom it is required to make such disclosure and
shall promptly advise the City in writing of each such disclosure.
In the event that the Service Provider ceases to perform services for the City, or the City so
requests for any reason, the Service Provider shall promptly return to the City any and all
information described hereinabove, including all copies, notes and/or summaries (handwritten or
mechanically produced) thereof, in its possession or control or as to which it otherwise has
access.
The Service Provider understands and agrees that the City’s remedies at law for a breach of the
Service Provider’s obligations under this Confidentiality Agreement may be inadequate and that
the City shall, in the event of any such breach, be entitled to seek equitable relief (including
without limitation preliminary and permanent injunctive relief and specific performance) in
addition to all other remedies provided hereunder or available at law.
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EXHIBIT D
UNIT PRICE SHEET
Trenching (trenching consists of trenching in bare ground, placement of
conduit/s/, backfill and compaction, all associated site cleanup, and
preparation for surface restoration. Typical installation is one 2" continuous
conduit for electric.
trenching (cost/foot). = $
Directional Boring (boring consists of boring in average soil, back-reaming,
pulling conduits, all associated site cleanup, and preparation for surface
restoration.):
1-2” (cost/foot) $
1-3” (cost/foot) $
2-2” (cost/foot) $
2-3” (cost/foot) $
3-2” (cost/foot) $
1-4” (cost/foot) $
1-4”&1-2” (cost/foot) $
1-4”&2-2” (cost/foot) $
1-4”&3-2” (cost/foot) $
2-2” & 2-3” (cost/foot) $
1-5” (cost/foot) $
2-5” (cost/foot) $
3-5” (cost/foot) $
1-6” (cost/foot) $
2-6” (cost/foot) $
3-6” (cost/foot) $
Hole-hog Tunneling - up to 4" diameter (cost/foot) = $
Mud Control Vac Machine (cost/hour) $
Mud Control Vac Machine (cost/hour) $
Potholing (manual excavation as needed to locate existing utilities and
prevent damage from construction activities. Surface restoration in any
public street would have to be determined for each specific location based on
City Street Department requirements.)
Pothole in paved surface (cost/each): $
Pothole in unpaved surface (cost/each): $
Surface Restoration (restoring surface to original condition with original
surface):
$
Replacing sod surface (cost/square foot) = $
Replacing paved asphalt surface (cost/cubic foot) = $
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Replacing paved concrete surface (cost/cubic foot) = $
Sawcutting Surface $
Asphalt surface less than 4" thick - single cut (cost/foot) = $
Concrete surface less than 4" thick - single cut (cost/foot) = $
Core Drilling (typically patio): $
Asphalt surface less than 4" thick - up to 6" diameter (cost/hole) = $
Concrete surface less than 4" thick - up to 6" diameter (cost/hole) = $
Installing subsurface vaults (excavate hole, place vault, route conduits and/or
cable into vault, backfill around vault, restore surrounding surface):
$
Size "A" - Install vault with dimensions of 12" wide by 18" long by 18" deep or less
(cost/vault) = $
Size "B" - Install vault with dimensions greater than 12" wide by 18" long by 18"
deep but less than 15" wide by 25" long by 18" deep (cost/vault) = $
Size "C" - Install vault with dimensions greater than 15" wide by 25" long by 18"
deep but less than 25" wide by 37" long by 18" deep (cost/vault) = $
Size "D" - Install vault with dimensions greater than 25" wide by 37" long by 18"
deep but less than 37" wide by 49" long by 30" deep (cost/vault) = $
Size "E" - Install vault with dimensions greater than 37" wide by 49" long by 30"
deep but less than 49" wide by 97" long by 49" deep (cost/vault) = $
Miscellaneous Services: Unit Cost per Unit
Locate Private Sewer Line (per locate):
$
Locate Private Water Line (per locate):
$
$
$
$
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EXHIBIT E
WORK ORDER ESTIMATE SHEET
Work Order No.:_____________________ Date:_____________
(See attached map(s) and work order specification sheet(s) for details.)
Total Number of
Units
Cost/Unit Total Cost
Trenching:
$ $
Setup @ first 65' = $ $
Additional trenching in ft. = $ $
Directional
boring:
1-2” (in feet) $ $
1-3” (in feet) $ $
2-2” (in feet) $ $
2-3” (in feet) $ $
3-2” (in feet) $ $
1-4” (in feet) $ $
1-4”&1-2”(in feet) $ $
1-4”&2-2” (in feet) $ $
1-4”&3-2”(in feet) $ $
2-2” & 2-3” (in feet) $ $
1-5” (in feet) $ $
2-5” (in feet) $ $
3-5” (in feet) $ $
1-6” (in feet) $ $
2-6” (in feet) $ $
3-6” (in feet) $ $
Hole-Hog Tunneling - linear feet = $ $
Mud Control Vac Machine (cost/hour) $ $
Mud Control Vac Machine (cost/day) $ $
Potholing - number of holes = $ $
Surface
Restoration:
Replacing paved asphalt - cu. ft. = $ $
Replacing paved concrete - cu. ft. = $ $
Sawcutting
Surface:
Asphalt surface - linear feet = $ $
Concrete surface - linear feet = $ $
Core Drilling: Asphalt surface - number of holes = $ $
Concrete surface - number of holes = $ $
Vault
Installations:
Size "A" vault - number of vaults = $ $
Size "B" vault - number of vaults = $ $
Size "C" vault - number of vaults = $ $
Size "D" vault - number of vaults = $ $
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Size "E" vault - number of vaults = $ $
Miscellaneous Items (describe below):
Locate Private Sewer Lines : $ $
Locate Private Water Lines:
Total Cost for Work Order Area:
Work to commence no later than:_________________________________________
Work to be completed no later than:_______________________________________
Work Order Total Cost and Commencement and Completion Dates Accepted by:
Contractors Representative:_______________________________ Date:______________
Utilities - L&P Representative:______________________________ Date:______________
Work Completed and Satisfactory:
Contractors Representative:_______________________________ Date:______________
Utilities - L&P Representative:______________________________ Date:______________
Contractor Requests Payment in the amount of $_______________________ Date:______________
Contractors Representative:________________________________________ Date:______________
Utilities Representative Concurs with Payment Request in the amount of $______________Date: ________
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EXHIBIT F
SAMPLE PROJECT MAP
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EXHIBIT G
CITY OF FORT COLLINS
SECTION 00950
CHANGE ORDER NO.
PROJECT TITLE:
CONTRACTOR:
PROJECT NUMBER:
DESCRIPTION:
1. Reason for change:
2. Description of Change:
3. Change in Contract Cost:
4. Change in Contract Time:
ORIGINAL CONTRACT COST $ .00
TOTAL APPROVED CHANGE ORDER .00
TOTAL PENDING CHANGE ORDER .00
TOTAL THIS CHANGE ORDER .00
TOTAL % OF THIS CHANGE ORDER %
TOTAL C.O.% OF ORIGINAL CONTRACT %
ADJUSTED CONTRACT COST $ .00
(Assuming all change orders approved)
ACCEPTED BY: DATE:
Contractor's Representative
REVIEWED BY: DATE:
Project Manager
APPROVED BY: DATE:
Title:
APPROVED BY: DATE:
Director of Purchasing & Risk Management
(over $60,000)
cc: City Clerk Contractor Engineer
Project File Architect Purchasing
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EXHIBIT H
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