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HomeMy WebLinkAboutRESPONSE - RFP - 7546 DIRECTIONAL BORING & TRENCHING SERVICES (2)RFP 7546 Directional Boring & Trenching Page 1 of 66 Sage Telecommunications Corp. of Colorado, LLC Response to City of Fort Collins Purchasing REQUEST FOR PROPOSAL 7546 DIRECTIONAL BORING & TRENCHING Sage is excited to have the opportunity to respond to the Request for Proposal for Directional Boring & Trenching. Sage is the current contractor for underground and directional bore services under the P113 LP Electrical Services Underground Program. The City has renewed that contract for the maximum extension periods which has enabled Sage to become very familiar with the intricacies of the work orders as well as the overall project. Sage also held the P762 L&P Utility Electric Services Underground Program that started in August 2000 and was extended for several years. Most recently Sage was acquired by Dycom Industries Inc. This enables Sage to have the benefits of acting as two companies, a regional company that is customer focused, and a billion dollar corporation with many resources. Sage has a long tenure in providing services to the City and looks forward to your response to our proposal. We acknowledge receipt of Addendum No. 1 for this proposal. Sincerely, Roger Hoaglund President Sage Telecommunications RFP 7546 Directional Boring & Trenching Page 2 of 66 Section Specific Responses II. SCOPE OF WORK Answer: Sage currently performs under these conditions and complies with these conditions. Pricing for items 14-16 are included in the rate schedule. III. SPECIAL CONDITIONS Answer: Sage currently performs under these conditions and complies with these conditions. 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. Answer: See Section 5. 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. Answer: Sage has been in contact with the EPA as well as local landfills to help determine the best manner of spoil disposal. The contents are benign since they consist of local dirt and water. However, the presence of water from bore spoils in landfills creates leaching of other material that pre-exist with such landfills. We have found specific landfills that keep our spoils separate and open to the air so that natural drying conditions renders them safe. 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. Answer: See Rate sheet for traffic control rates. We believe that using certified third party specialty contractors provides the most cost effective and safest solution to lane closures. Sage does its own traffic control designs since the work zone is under our control and responsibility. RFP 7546 Directional Boring & Trenching Page 3 of 66 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. Answer: See IV. B.c. below. 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. Answer: The legal name of the company is Sage Telecommunications Corp. of Colorado, LLC and was established on November 18, 2005 in the State of Colorado, as a limited liability company. Sage is a wholly owned subsidiary of Dycom Industries, Inc. as of June 17, 2013. Dycom Industries, Inc. is the largest communication construction company in the United States. Current owner is Dycom Industries, Inc. Contact is Rick Vilsoet, General Council, Rick.Vilsoet@Dycominc.com, 11770 US 1, Palm Beach, Florida (561) 627-7171. Previous owners were Roger and Betsy Hoaglund, Roger.Hoaglund@Sagecom.net, 31326 Tanoa Road, Evergreen, Colorado, 80439, (303) 638-8741. Sage started in 1992 as DEA Construction and was located in Colorado. In 2001, publicly traded Tetra Tech purchased Sage and Drake Construction to form its CSI division. In 2005, Tetra Tech sold the Colorado operations of CSI to a private party, Mike McNeill (address and phone unknown), and the name Sage was adopted. Sage assets were purchased by Betsy and Roger Hoaglund on January 1, 2006. While the Hoaglunds sold Sage to Dycom, they remain executives at Sage and are involved with daily operations. Proposal Contact Person: Mike McFadden, Area Manager Mike.McFadden@Sagecom.net Phone Number: (303) 210-4710 Fax Number: (970) 482-3655 Local Address: 205 Racquette Drive, Fort Collins, CO 80524 RFP 7546 Directional Boring & Trenching Page 4 of 66 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. Answer: Contract Percent Completion Owner’s name Price Complete Date Description Comcast Gary Gregg (303) 603-5031 $17M annually. 75% Dec. 31, 2013 Annual new build, maintenance, and On- Call for Denver, North Metro, and Colorado Mountains. No change orders, work is done per scheduled rates. City of Fort Collins Lou Cordova (970) 217-6033 Up to $900,000 per year. 1 year, with 4 annual renewals. 99% August 2013 Directional bore replacement of electric lines, some work for Light and Power. Change orders have been minimal. Work Orders are walked out prior to activity so any adjustments are captured upfront. CEI Ryan Dickinson (303) 944-4870 $1,879,000 bid. 67% December 2013 Construction of underground communication lines and display panels. Change orders are initiated by Client for changes in design. XO Steve Valdez (303) 539-1022 $100,000/year estimate. 90% December 2013 Miscellaneous conduit and fiber placement. Change orders come from both client and Sage RFP 7546 Directional Boring & Trenching Page 5 of 66 materials (ie fuels and raw materials), Sage has tried to reduce its carbon footprint in various manners. First, we have a recycling program for paper, oil, scrap metal, and used cable. We are able to recycle between 50% to 95% of the above materials at a small cost to the company. The more material we recycle, the less goes into landfills. Second, we operate multiple yards and offices so that the expense of commuting to job sites is decreased. We currently have 4 offices and yards in Colorado and strive to remain as close to the clients’ outside plant as possible. Third, we have 4 full time mechanics to service our equipment. We believe that equipment that is kept in tune will reduce hazardous spills and remain more fuel efficient. Fourth, we constantly replace older, less efficient equipment with newer less polluting models. This not only includes trucks, but also the heavy equipment like directional bore rigs. Fifth, Sage will be implementing Cab Cam which monitors drivers speed, location and driving habits. We believe that keeping speeds down is not only is a fuel saver, but also good for the general public. Finally, Sage has been able to work with our clients to coordinate workloads by area so to reduce the number of trips and save fuel and manhours associated with a work order. 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. Answer: Sage is the current contractor for underground and directional bore services under the P113 LP Electrical Services Underground Program. The City has renewed that contract for the maximum extension periods which has enabled Sage to become very familiar with the intricacies of the work orders as well as the overall project. Sage also held the P762 L&P Utility Electric Services Underground Program that started in August 2000 and was extended for several years. Sage’s primary focus is to be the turnkey provider of outside plant construction for utility owners. Besides the City, Sage covers 65% of Comcast’s Colorado infrastructure. We have been providing dry utility construction for network owners for over 20 years for clients ranging from US West, AT&T, Verizon, and Comcast’s predecessors. Sage is the largest employer for underground construction in Colorado. e. Describe in detail your firms approach to the project. RFP 7546 Directional Boring & Trenching Page 6 of 66 Answer: The key approach is to be local and use the management and crews that have worked not only in immediate area, but also those that have actually worked for the City. Sage has a local presence with an office in Fort Collins, from which this Project will be staffed. We believe that employing local residents and having an office close to our customer enables us to provide quick and efficient service that is sensitive to the needs of our client and their customers. The management team has been with Sage an average of 10 years and have worked in the Front Range most of their careers. Sage and its predecessors have managed projects for many different operators including cable, telephone, cellular, water, power, and education districts. The experience of working in Colorado for so many years with the same management team gives Sage unique knowledge of Colorado’s utility infrastructure which translates to safe and efficient project management. 2. Key project staffing Submit the following information: a. An organization chart of onsite project management with names Answer: See Attached Organizational Chart (second tab has highlighted onsite staffing). b. An organizational chart of all management with names that will be involved in the project including subcontractors Answer: See Attached Organizational Chart. c. Job descriptions of key positions (i.e., onsite supervisor, all personnel of installation crew, others as appropriate) Answer: We will employ the following key positions for this project: Project Manager, Domingo Torres – has overall responsibility of project including client interface and escalations, resource allocation, staffing, planning, technical knowledge, and negotiation and acceptance of individual work orders. He will have on-site responsibility of all crews and daily allocation of workload by work order. The Project Manager will be dedicated fulltime. Domingo is available for the duration of the contract. Mike McFadden will assist Domingo for any escalations or conflicts and will negotiate individual work orders. Field Foreman – will directly coordinate the construction and installation of infrastructure and manage hourly laborers. The Field Foremen will also be responsible for any on-site decisions concerning changes to method of construction, locates, safety, and construction techniques. Donovan Scherrer, RFP 7546 Directional Boring & Trenching Page 7 of 66 David Park, Matt Stepisnik, and Frank Barrientes will be the Field Foremen and will be dedicated fulltime to the project and are available for the duration of the contract. Operators –The Operators will be the heavy equipment operators (ie directional bore machines, backhoes, large trenchers). The Foreman is also responsible for jobsite safety and analysis. Various Foremen will be used including Luis Placencia (directional bore), and Carlos Lazcano (directional bore). The exact number and name of Foremen will be dependent on the amount and type of workload assigned by the City. Foremen will be dedicated fulltime to the project. Individual assignments will occur after we had a chance to meet with the City on methods of construction (aerial, bore, trenching, mini-excavation). Project Coordinator, –The Project Coordinator is responsible for billing and associated as-built maps and back-up detail for invoicing. Michele Nelson will be the Project Coordinator and will support both Domingo and Mike McFadden. d. Resumes or work history of individuals proposed to fill these key positions Answer: Resumes are attached. e. Define who will negotiate (a) the Services Agreement (b) individual work orders Answer: Mike McFadden will negotiate the Services Agreement, and Domingo Torres will negotiate 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. Answer: It is the intent of Sage to staff the entire project with in-house crews. Sage consists of 148 people, all here in Colorado, so resources are certainly available for this project. We believe in using our own employees since we can better control the final product and adhere to all safety and hiring policies. When we were awarded the 2008 contract, we opened an office in Fort Collins to be more available to the City’s managers and closer to the actual projects. Resumes for the key individuals are attached. Staff availability is detailed above. References for Mike McFadden: RFP 7546 Directional Boring & Trenching Page 8 of 66 1. City of Fort Collins – P113 and P762 Projects – conduit and fiber construction for City, Lou Cordova (970)- 217-6033. 2. Longmont Network Upgrade for Comcast, also Area Manager for Comcast NOMA region, Ryan Anderson 720-490-3853. 3. Page, Arizona Schools fiber network construction, Unite, Jeff Hughes 719-671- 1734. References for Domingo Torres: 1. City of Fort Collins – P113 and P762 Projects – conduit and fiber construction for City, Lou Cordova (970)- 217-6033. 2. City of Greeley – fiber network to connect new Police headquarters, Vicky Santee, 970-350-9568. 3. Larimer County – various projects including utility locates, Mark Lyons, 970-481- 4352 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. Answer: The key resource is management experience. Our managers have at least 15 years of experience working with utility construction in the front range. Project Managers work together to solve issues and create designs that are appropriate and efficient for our clients. Sage has over $2M of equipment and vehicles for utility construction (see Exhibit J). The majority of this equipment is located either at our Fort Collins or Denver yards and can be scheduled for use on the Project. Our equipment gives us the ability to provide various methods of underground construction for this Project (4 directional drills, vacuum excavation, backhoe, and trenching). The actual method and used of equipment will depend on soil conditions, landscaping, hard scaping, street and utility crossings. RFP 7546 Directional Boring & Trenching Page 9 of 66 Past Projects Customer Project Description of Services / Participation by Key Staff STC Portion of Total Job Arista, LLC Arista / Broomfield Event Center Construct new fiber optic network $205,000 City of Ft Collins New Build and Maintenance Projects Construct and maintain utility duct system $900,000/yr. City of Loveland Traffic Operations Construct fiber optic signalling network $100,000 City of Greeley Police Headquarters Construct fiber optic network $100,000 Comcast Various New Build, Maintenance and Relocation Projects Engineering and construction services throughout Denver and northern metro MSA $17,00,000/yr. Comcast Public Works projects- Pepsi Center, Convention Center, Invesco Field Engineering and construction services for fiber optic networks $500,000 Comcast Adams County School District Construct new and upgrade existing CATV and fiber optic network $1,200,000 Comcast Longmont Upgrade Construct new and upgrade existing CATV and fiber optic network $1,000,000 Riviera Electric Various Projects Utility potholing $300,000 Roche Constructors Orchard Towne Center Construct new CATV and fiber optic network $250,000 TimeWarner Cable Lincoln, NE rebuild Construct new and upgrade existing CATV and fiber optic network $500,000 Unite Private Networks Various School District Engineer and construct new CATV and fiber optic network $400K to $1.2M per project VCC/JA Walker Northfield at Stapleton Construction services for telephone and fiber optic network $150,000 Verizon CO Line Installation Engineering and construction services to install new fiber optic line $25,000 XCEL Energy Various projects Engineering locates and plan & profile mapping; utility potholing $2,000,000 XCEL Energy Install Fiber Optic network at new building site Construct fiber optic network $250,000 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. e. Actual completion time. RFP 7546 Directional Boring & Trenching Page 10 of 66 Answer: Project Experience Customer Project Initiated Claims and Resolution Bid cost/Completed Cost/ Number of change orders Project time to complete/ Actual completion time City of Ft Collins Lou Cordova 970-221-6033 Tom Rock 970-221-6727 L&P Utility Services Underground Program (contracted in 2000 and current 2008 agreement) Fiber damage due to unmarked utility Not bid – Unit priced/ $600K- $1M per year / no change orders because unit priced Several projects under master contract, each with separate timelines City of Greeley Vicky Santee 970-350-9568 Police Headquarters Delay from severe weather. Extended deadline by 16 days $89,217 / $103,837 / 1 30 days / 46 days Comcast Gary Gregg 303-603-5031 Various New Build, Maintenance and Relocation Projects Various damages listed in section 7. All are resolved except for one Qwest damage. Not bid – Unit priced / $6.5M / No change orders Several projects under master contract, each with separate timelines – no delays to report Comcast Dennis Greenwalt 970-567-4807 Fort Collins new build and drop bury None Not bid – Unit priced/ $50,000 per year / no change orders because unit priced Several projects under master contract, each with separate timelines – no delays to RFP 7546 Directional Boring & Trenching Page 11 of 66  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. Answer: Sage intends to self-perform 100% of the work. 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. Answer: Sage performs a vast range of construction services, including direct bury of residential cable. The vast majority of our damages come from unlocated residential sprinkler lines. Sage has a dedicated employee to call in all locate requests and crews do not begin construction until the locates are completed. Even with this process, damages occur since locators have either mis-located the utility or did not mark a utility (usually the resident lateral sewer lines). Sage has worked with the City to develop a City specific Door Hanger to help notify residents of pending construction activities and what actions are needed by the homeowners. This form enables Sage to perform sewer locates on private property and help indemnify the City of any damages when residents don’t respond. Roger Hoaglund handles all damages. All damages are paid by Sage unless noted. 2008- Sage hit located Qwest copper phones lines four times, highest was $2,335. Electric lines were hit twice. highest was $2,204. Gas was struck twice, highest bill was $1,629. Water lines were damaged once: City of Fort Collins for $1,132. Sewer lines are damaged three times (all unlocated by utility owner). Repair bills were $5,241, $5,866 and $4,991 (last paid by insurance). 2009- Located Electric lines were damaged twice by directional bore: $10,395 (Sage paid $5,000 and insurance paid balance, and $3,922 paid by Sage). Gas lines were hit in three instances, largest bill was $2,692. Two sewer lines were hit. The largest was $3,480 and cost was split with the City and Sage. 2010- Gas lines were hit three times. Largest bill was for $7,233 and paid by insurance. Damage was due to poor bore head calibration. City power was hit due to lack of accurate pothole use ($1,012). Xcel electric was hit during emergency repair ($3,724). Unlocated sewers was hit twice, with largest repair bill of $5,471. Private fiber line was located but drill hit PRPA line. Invoice for $9,801 was paid by Sage. RFP 7546 Directional Boring & Trenching Page 12 of 66 2011- Qwest lines were hit once with a repair bill of $220. Unlocated server line (City of Fort Lupton) was hit with drill and was repaired for $9,151 (paid by Sage). Gas lines were struck twice, with largest bill of $8,226. Xcel and Sage agreed to split invoice since both companies had fault (ticket description was vague, Locator did not locate line). Sage drill operator failed to use potholes to verify depth on other gas damage. 2012- Qwest was hit twice, with largest bill of $950. Electric lines were hit three times, with largest of $1,025. Gas was hit three times, with largest bill for $718. Private fiber was damaged by mini-ex for a repair of $3,801. Sage’s subcontractor hit City water and paid for repair bill of $7,920. Sage also hit the City waterline and repaired for $1,089 (Sage did not expect elbow in lateral line). The City and Sage split the cost to repair unlocated sewer lateral for $10,756. After this damage, Sage and the City developed new door hanger to reduce City’s liability. 2013- Qwest located line was hit once for a repair of $787. Unlocated sewer lateral was damaged and repaired for $1,718. On any damage, the first goal is to protect customers and their property, especially on gas line ruptures. The second goal is to repair the utility and get the service back online. The third goal is to investigate, determine how to avoid future accidents and determine who is at fault. There have been several near misses in the last 2 years that went unrecorded, so Sage has created missed locate forms to track locate issues with poor locate companies. 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 Answer: Most sewer locates can be done for $225.00. Locates for other private utilities are generally $175 per address. b. Quality control Answer: Sage does not charge for Quality Control. c. Traffic control RFP 7546 Directional Boring & Trenching Page 13 of 66 Answer: Rates generally run $1,200 per day for a Traffic Supervisor with a single lane closure with signs, cones, and traffic control plan. 9. Financial statement. Provide a recent financial statement showing: a. Current assets b. Other assets c. Current liabilities d. Other liabilities Answer: (Information is Proprietary) 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. Answer: See Exhibit I 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. Answer for Narrative: We have worked together with City L & P group to best eliminate unforeseen issues and have written a narrative as to the processes we take consistently for every City based project: RFP 7546 Directional Boring & Trenching Page 14 of 66 --Walkout the job w/ L & P Foreman to premeasure footages of each address and agree so that L & P and Sage know the bore footage of work ahead of job starting. --Door hang all home owners w/ preprinted information concerning “construction will be taking place in your neighborhood”. This door hangar also explains the need for H/O to follow instructions to get the sewer to the residence located at no cost to them. -- H/O calls in for sewer locates --Sage calls in locates --Potholes commence on all UNCC located utilities and private located sewer services --Commence bore operations on Main line and the services to each residence --Tie in services at house and at main line locations or secondary vault locations --Proof pipe throughout project of all installed infrastructure -- Walk out completed project with L & P foreman for final approval --Invoice job with no unknown items 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. Answer for Narrative: We have worked together with City L & P group to best eliminate unforeseen issues and have written a narrative as to the processes we take consistently for every City based project: --We would like to walkout the job w/ Traffic Foreman to make sure we are getting done what is needed to meet expectations --Sage calls in locates --Potholes commence on all UNCC located utilities --Commence bore operations at main line locations --Set vaults at pre-marked locations --Proof pipe throughout intersections -- Walk out completed project with Traffic for final approval --Invoice job in full. Quality Control Plan is attached as Exhibit L. RFP 7546 Directional Boring & Trenching Page 15 of 66 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 RFP 7546 Directional Boring & Trenching Page 16 of 66 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. RFP 7546 Directional Boring & Trenching Page 17 of 66 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 RFP 7546 Directional Boring & Trenching Page 18 of 66 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. RFP 7546 Directional Boring & Trenching Page 19 of 66 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. RFP 7546 Directional Boring & Trenching Page 20 of 66 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. RFP 7546 Directional Boring & Trenching Page 21 of 66 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 RFP 7546 Directional Boring & Trenching Page 22 of 66 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. RFP 7546 Directional Boring & Trenching Page 23 of 66 RFP 7546 Directional Boring & Trenching Page 24 of 66 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. Answer: Sage complies with this provision. RFP 7546 Directional Boring & Trenching Page 25 of 66 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. Answer: Sage understands and agrees. RFP 7546 Directional Boring & Trenching Page 26 of 66 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). = $ 7.50 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) $ 8.50 1-3” (cost/foot) $ 9.25 2-2” (cost/foot) $ 10.00 2-3” (cost/foot) $ 12.50 3-2” (cost/foot) $ 12.50 1-4” (cost/foot) $ 10.00 1-4”&1-2” (cost/foot) $ 12.50 1-4”&2-2” (cost/foot) $ 14.50 1-4”&3-2” (cost/foot) $ 17.50 2-2” & 2-3” (cost/foot) $ 17.50 1-5” (cost/foot) $ 12.00 2-5” (cost/foot) $ 18.00 3-5” (cost/foot) $ 23.00 1-6” (cost/foot) $ 12.50 2-6” (cost/foot) $ 19.00 3-6” (cost/foot) $ 28.50 Hole-hog Tunneling - up to 4" diameter (cost/foot) = $ 10.00 Mud Control Vac Machine (cost/hour) $ 165.00 Mud Control Vac Machine (cost/hour) $ 165.00 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): $ 150.00 Pothole in unpaved surface (cost/each): $ 85.00 Surface Restoration (restoring surface to original condition with original surface): Replacing sod surface (cost/square foot) = $ 1.00 Replacing paved asphalt surface (cost/cubic foot) = $ 20.00 RFP 7546 Directional Boring & Trenching Page 27 of 66 Replacing paved concrete surface (cost/cubic foot) = $ 26.25 Sawcutting Surface $ Asphalt surface less than 4" thick - single cut (cost/foot) = $ 2.55 Concrete surface less than 4" thick - single cut (cost/foot) = $ 4.20 Core Drilling (typically patio): $ Asphalt surface less than 4" thick - up to 6" diameter (cost/hole) = $ 55.00 Concrete surface less than 4" thick - up to 6" diameter (cost/hole) = $ 55.00 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) = $ 45.00 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) = $ 50.00 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) = $ 65.00 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) = $ 130.00 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) = $ 225.00 Miscellaneous Services: Unit Cost per Unit Locate Private Sewer Line (per locate): $ 225.00 Locate Private Water Line (per locate): $ 225.00 $ $ $ RFP 7546 Directional Boring & Trenching Page 28 of 66 EXHIBIT E – L&P WORK ORDER ESTIMATE SHEET Work Order No.: 1 Date: 9/27/13 (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) 625 $8.50 $5312.50 1-3” (in feet) $ $ 2-2” (in feet) 400 $10.00 $4000.00 2-3” (in feet) $ $ 3-2” (in feet) 75 $12.50 $937.50 1-4” (in feet) 150 $10.00 $1500.00 1-4”&1-2”(in feet) 150 $12.50 $1875.00 1-4”&2-2” (in feet) 75 $14.50 $1087.50 1-4”&3-2”(in feet) 100 $17.50 $1750.00 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 = 26 x 85.00/ 6 x 150.00 $2210/900 $3110.00 Surface Restoration: Replacing paved asphalt - cu. ft. = 24 $20.00 $480.00 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 = 3 $55.00 $165.00 Vault Installations: Size "A" vault - number of vaults = 3 $45.00 $135.00 Size "B" vault - number of vaults = $ $ Size "C" vault - number of vaults = $ $ Size "D" vault - number of vaults = $ $ RFP 7546 Directional Boring & Trenching Page 29 of 66 Size "E" vault - number of vaults = 1 $225.00 $225.00 Miscellaneous Items (describe below): Locate Private Sewer Lines : 11 $225.00 $2475.00 Locate Private Water Lines: Total Cost for Work Order Area: 23052.50 Work to commence no later than: 10/1/13 Work to be completed no later than: 10/30/13 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: RFP 7546 Directional Boring & Trenching Page 30 of 66 EXHIBIT E - Traffic WORK ORDER ESTIMATE SHEET Work Order No.: 1 Date: 9/27/13 (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) 368 $17.50 $6440.00 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) 10 $165 $1650.00 Mud Control Vac Machine (cost/day) 1 $3158.06 $3158.06 Potholing - number of holes = 24 $150.00 $3600.00 Surface Restoration: Replacing paved asphalt - cu. ft. = 96 $20.00 $1920.00 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 = 4 $65.00 $260.00 Size "D" vault - number of vaults = $ $ RFP 7546 Directional Boring & Trenching Page 31 of 66 Size "E" vault - number of vaults = $ $ Miscellaneous Items (describe below): Locate Private Sewer Lines : $ $ Locate Private Water Lines: Traffic control 4,800 Total Cost for Work Order Area: 21,828.06 Work to commence no later than: 10/1/13 Work to be completed no later than: 10/30/13 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: RFP 7546 Directional Boring & Trenching Page 32 of 66 RFP 7546 Directional Boring & Trenching Page 33 of 66 RFP 7546 Directional Boring & Trenching Page 32 of 66 RFP 7546 Directional Boring & Trenching Page 33 of 66 RFP 7546 Directional Boring & Trenching Page 34 of 66 RFP 7546 Directional Boring & Trenching Page 35 of 66 RFP 7546 Directional Boring & Trenching Page 36 of 66 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 RFP 7546 Directional Boring & Trenching Page 37 of 66 EXHIBIT H Answer: No change to template form. For purposes of brevity, the pages were not included in Proposal. However, to help clarify an item, we would recommend that on page 57 of 86 in paragraph 5.4.10 you strike the words “…covering CONTRACTOR’s indemnity obligations under paragraph 6.12.” The contractual liability coverage is subject to all the terms and conditions of the policy. The policy covers bodily injury, personal injury, and property damage and would respond to indemnification requests for those damages. However, the policy does not cover things like fine, penalties, liens, breach of contract, patent infringement, violation of laws and permits etc. which are included in the indemnification provision of a contract. RFP 7546 Directional Boring & Trenching Page 38 of 66 EXHIBIT I Organizational Chart and Resumes (Information is Proprietary) RFP 7546 Directional Boring & Trenching Page 39 of 66 RFP 7546 Directional Boring & Trenching Page 40 of 66 MIKE MCFADDEN 4949 W. 2nd st rd , Greeley, Colorado 80634, USA 303-210-4710 EDUCATION: Jun 1987 San Gorgonio High School, California, USA • High School • Concentration: General EXPERIENCE: Mar 2000 - Present Sage Telecommunications and predecessor companies DEA Construction and Tetra Tech CSI, Denver, Colorado, USA Supervisor, Project Manager, Operations Manager Manage projects beginning to completion, supervise upwards of 100 employees and several supervisors, bid on projects, prepare spreadsheets for construction coordination. Worked on projects such as Stapleton Redevelopment utility infrastructure, Northfield @ Stapleton in Denver. Have managed/supervised telecom fiber projects for McLeod USA, Williams Communications, Enron, ICG Communications, Comcast, Qwest in Colorado. Sure West Fiber to the home project in California. Managed/Supervised project for Adams 12 School District with Comcast. Managed Unite project for Pueblo School District. I have held the contract for the City of Fort Collins Light and Power division for the last 5 years and am currently working with City of Fort Collins on an aerial to underground beautification projects. My office also has held the city of FC traffic division contract for multiple years. We also have held the City of Loveland Traffic division construction contract 2009-2011 as well Apr 1997 - Mar 2000 ICG Communications Inc, Englewood, Colorado, USA Route Inspector Conduct inspection of construction services being done by contractors for a 160 mile ICG fiber build throughout all of Denver and Northern Colorado region. Check on miscellaneous contractors digging on existing ICG facilities to keep them protected from damage. Hire and oversee contractors to do relocation of existing ICG facilities. Engineer fiber entrances at different real estate locations for new and existing customer base. Feb 1994 - Apr 1997 Kelly Cable Co. / UtiliQuest Locating , Kelim, Colorado, USA Locator, Trainer Locate utilities for Xcel gas and power, US West, Comcast, AT&T, ICG Communications, United Power, REA Power, and multiple City entities. Do standby inspections on construction jobs when different facility owners were in conflict. Propose fiber relocations when needed. May 1988 - Sep 1992 HOK Communications, San Bernardino, California, USA Splicer Telephone cable splicer mainline and distribution for new developments and long haul. New residential and commercial OSP construction. CERTIFICATES & LICENSES: Jan 2000 Trench Safety Jan 1995 NUCLA Jun 1998 Fiber optic installation LANGUAGES: Spanish - Intermediate REFERENCES: Bob Pyle 303 603 5039 Robert Gudka 303 227 0986 Rick Shannon 303 284 8251 Tony Leix Roche Constructors 303 255 1780 312 9TH STREET,GREELEY,CO ,80631 970-566-1257 DOMINGO.TORRES@SAGECOM.NET RFP 7546 Directional Boring & Trenching Page 41 of 66 DOMINGO TORRES EDUCATION Greeley Central High School , Colorado USA EXPERIENCE Aug 2000 -Present DEA Construction/Tetra Tech CSI/Sage Telecommunications, Denver ,Colorado USA Foreman, Supervisor , Project Manager Managed projects for City of Fort Collins, CSU , Comcast , Larimer County, City of Greeley. Prepared bids , Invoicing , Construction Coordination. Supervised up to 50 employees & Foreman. Sept 1999 - Aug 2000 Platte River By-Products Greeley , Colorado USA Nightshift Lead man Loading and Unloading of By-Products. Supervised Crew of 5. Supervised Truck loading dock & Freezer . Operating Forklift, Load counting and paperwork. Oct 1997 - Aug 1999 Monfort Portions Greeley, Colorado USA Nightshift Receiving Lead man Supervision of Receiving crew. Crew of 6. Loading and Unloading of Semi-Trailers Receiving Dock Lead man in charge of Maintaining Freezers and storage of Food and distribution of product to other internal departments. Keeping track of total freezer and truck storage. Final count on product and paperwork. Member of Safety committee. LANGUAGES Spanish-Fluent REFERENCES Robert Gudka 303-227-0986 Mike McFadden 303-210-4710 Mark Lyons 970-481-4352 Dennis Greenwalt 970-424-7166 RFP 7546 Directional Boring & Trenching Page 42 of 66 Exhibit J Sage Telecommunications Corp Master Asset List Vehicles and Trailers Asset # Year Make Model/Description Serial Number BH18 2000 Terramite T5C 2WD Mini Backhoe 5980102 BH19 1984 Ford Ford 555A Backhoe C730536 BH25 2006 Kubota U35 20125 BH29 2007 Kubota U25 30729 BH35 2005 New Holland EH35 Mini Excavator N3TN60035 BH3593 2005 New Holland LB90 031053593 BH44 2008 Kubota U35 40044 BH79 2006 Kubota U35 30179 C02 2006 Ingersoll-Rand P-185 Compressor 4FVCABAA26U372702 C10 1996 Ingersoll P-185 Compressor ID01133088CO C11 1995 Sullivan Compressor 14402A C14 1997 Ingersoll Rand Compressor 273275UBH221 C17 1994 Ingersoll Rand P-185 Compressor 248783UGE327 C20 2006 Sullair 185DPQ 200604040020 C22 1994 Sullair D1850 Compressor 12952A C24 1995 Sullivan Air Compressor D210Q5B 14278A C28 1997 Sullivan Compressor AC-15 16473A C471 1994 Ingersoll Rand 185 Compressor 240471UJE3228 C48 2006 Sullair 185JD 200604280148 C49 2005 Sullair 185DPOJD 004151549 C9 1994 Ingersoll P-185 Compressor 243927UBE328 C985 2006 Ingersoll Rand Airsource Plus JD 185C 4FVCABAA26U371985 C966 2003 Sullair 185CPM Compressor Model 185DPQ 140966 DB06 2006 Astec DD1215 DD12150240706 DB30 2010 Vermeer D20x22 1VR6180T7A1000430 DB39 2005 Ditch Witch JT921s 2Z1239 DB65 2013 Vermeer 2440 Drill 1VRZ19037D1002265 FL2U 1997 Hyster H90X1 GOO5D10452U FL60 1995 Hyster H155XL2 F006D02560S FL91 1998 JCB 940, 4WD, 30' mast 0663691 LT5 1987 Case 582E 8,000# FORKLIFT 17020943 LT56 2002 Ingersol Rand Light Tower 4FVLSBDA63U333356 LT64 1979 Champ 530 TS Forklift CCM 10764 MX1 2013 Vermeer MX240 Mixing unit, 750 gallon 1VR6120P0D2002051 SS-3 1999 New Holland LX665 SKID STEER LOADER 70078 TC4A 1997 Vermeer Sheepsfoot tamper 1VRP08266T1000145 TK0376 1997 Ford E350 Bucket truck 1FTJE34L0VHB00376 TK0412 2006 Ford F450 1FDXF47P16ED20412 TK0506 2004 Ford F450 SD 4 Dr Flatbed 1FDXW47P44EC70506 TK0687 2003 Ford F450 1FDXF46S13EA30687 TK0703 2009 Ford F150 1FTPX14V39KB30703 TK0766 2006 Ford F550 4x4 1FDAF57P16EA60766 RFP 7546 Directional Boring & Trenching Page 43 of 66 TK1029 2004 Ford F750 Dump Truck 3FRXF75264V591029 TK1078 2007 Dodge Grand Caravan 1D4GP24E47B151078 TK1450 1990 Ford F450 2FDLF47G7LCA81450 TK1615 2003 Ford F150 XLT 1FTRX18L03NA41615 TK1644 2007 Ford F150 1FTPX14506FA41644 TK172 2004 Ford Ranger 1FTYR15EX4PB04172 TK1734 2005 Ford F150 XLT 1FTPX14545NA01734 TK2053 2000 Ford F450 Crew 1FDXW47Z0YED72053 TK2205 2009 Ford Escape 1FMCU92739KA12205 TK2232 2001 International Bucket Truck w/ Telsta SU34 1HTSCAAM31H382232 TK2335 1996 Ford F800 Bucket truck 1FDNF82C5TVA12335 TK2378 2007 Ford F150 1FTRF14W57KC22378 TK2425 2008 Ford Escape 1FMCU93118KE32425 TK2667 2003 Ford F250 1FTNX21L53EB32667 TK267 1999 Ford Ford F150 Truck 1FTRF17W3XKB29807 TK2787 2007 Dodge Grand Caravan 2D8GP44L07R292787 TK283 1999 Ford Ford E-250 Cargo Van, splicer 1FTNE24L6XHA66717 TK2922 2000 Chevrolet 3500HD 1GBKC34J2YF492922 TK294 1997 Ford Ford F450 Flatbed Truck 3FELF47G3VMA03461 TK301 2005 Ford Ranger 1FTZR15E35PA46301 TK3025 2011 Ford F150 1FTEX1EM4BFC73025 TK308 1996 Ford Ford F250 4x4 Truck 2FTHF26H0TCA60089 TK315 1997 Ford Ford F700 Truck 1FDNF70J8VVA02218 TK317 2000 Ford Ford F150 1FTZF1727YKA53006 TK318 2000 Ford Ford F150 Truck 1FTZF1726YKA53014 TK319 2000 Ford Ford F150 Truck 1FTZF1721YKA52806 TK320 1990 Volvo Volvo GMC Tandem Dump Truck 4V2JCBME4LR804845 TK323 1993 GMC 3500 HD Flatbed Truck, Shop Ser. Tr. 1GDKC34F3PJ500315 TK3230 2004 Ford F150 V6 2WD 2FTRF17294CA63230 TK3369 2006 Ford F450 1FDXX47P76EB93369 TK343 1994 Ford 94 F350 2FDKF37F3RCA49083 TK347 1999 Chevy CHEVY K2500 EXPRESS VAN 1GCGG29R9X1100724 TK3471 2009 Ford F150 XL 1FTRX14W59KA73471 TK3519 2004 Ford F750 Dump Truck 3FRXF75P24V693519 TK365 1998 Chevy 2500 - NEEDS TRANSFER CASE 1GCGK24R2WZ272437 TK3816 2007 Ford F150 1FTVX14547NA43816 TK396 1999 Chevy Chevy K3500 1GBJK34RXXF026352 TK4172 2003 Ford F450 1FDXF46F93EA94172 TK424 2000 Ford Ford F650 - enclosed van box 3FDNF6520YMA32436 TK4339 2004 Ford Ranger 1FTZR45E64PA24339 TK4401 2004 Ford F650 Flatbed 3FRNF65J34V664401 TK444 1996 GMC Desert GMC 3500 Truck 1GBJC34R9TE217953 TK4443 2000 Ford F 250 1FTNF21L7YEB44443 TK4455 2000 Ford F250 1FTNF21L3YEB44455 TK4513 2010 Ford Escape 1FMCU9DG9AKB54513 TK4738 2001 Ford F350 1FDSF35L21EA44738 TK5270 2006 Ford F750 3FRXX75Z86V285270 TK5382 2001 Ford F550 4x4 Altec AT235P Bucket Truck 1FDAF57F51EC55382 TK5463 2007 Ford F150 1FTPF12V47KC35463 TK5564 2006 Ford F350 1FDWF31P06EC25564 TK5593 2005 Ford F450 1FDXF47P25EB65593 TK5647 1993 Ford F700 Bucket Truck 1FDNK74P1PVA15647 TK5663 2007 Ford F450 1FD47P17EA65663 RFP 7546 Directional Boring & Trenching Page 44 of 66 TK5797 2008 Ford F350 1FDWF36508EA15797 TK5873 2009 Ford F150 1FTVX14V99KB15873 TK6117 2008 Ford F150 1FTRW14W78FA16117 TK6270 2006 Ford F350 V-10 1FDWW35Y76ED16270 TK6301 2004 Ford F450 1FDXF47P24ED96301 TK6337 2005 Ford Escape 1FMYU93105KC96337 TK6413 2003 Ford F250 1FTNX21LX3EA56413 TK6589 2004 Ford Ranger 1FTYR15E94PB06589 TK7372 2002 Ford F450 1FDXF46F52EC07372 TK7378 2002 Ford F650 Flatbed 3FDNF65842MA27378 TK7552 2008 Ford F550 1FDAF57R88ED27552 TK7667 2008 Ford Ranger 1FTYR11U88PA07667 TK8343 2008 Ford Ranger 1FTZR15EX8PA08343 TK8359 2008 Ford Escape 1FMCU93148KB98359 TK8380 2009 Ford F550 1FDAF57R89EA08380 TK8562 2005 Ford Ranger 1FTZR15E75PA28562 TK8637 2009 Ford Escape 1FMCU93G29KC38637 TK8981 2008 Ford Ranger 1FTYR10D98PA68981 TK9100 2008 Ford F450 1FDXF46R38EA19100 TK9278 2007 Ford F350 1FDWX37Y47EA79278 TK9666 2005 Ford F450 1FDXW47P75EC49666 TK9719 2004 Ford F450 Bucket Truck 1FDXF47P54EC69719 TK9882 2006 Ford F450 SD 1FDXX47P36EA89882 TK9998 2008 Ford F450 1FDXX46R28EC09998 TL1-032 1955 Eaton Hydraulic Reel Trailer 3032 TL1-05 1993 Homemade Cable Reel Trailer/Custom ID12024617CO TL1-055 2010 Diamond 5x8 Trailer 5FWUS0812AR013055 TL1-057 2010 Diamond T 5x8 trailer 5FWUS0816AR013057 TL1-058 2010 Diamond 5x8 Trailer 5FWUS0818AR013058 TL1-059 2010 Diamond 5x8 Trailer 5FWUS081XAR013059 TL1-06 1993 Homemade Cable Reel Trailer/Custom ID12024711CO TL1-128 2009 Butler Reel Trailer 1B9CR141X92726128 TL1-13 1993 Homemade Cable Reel Trailer ID12025174CO TL1-160 2004 Big Tex 5x8 Utility Trailer 16VAX081641A27160 TL1-19 1995 Homemade 95 HOMEMADE REEL TRAILER ID12026723CO TL1-20 1995 Homemade Dump trailer ID12026764CO TL1-23 1995 Truco Truco Hydraulic Cable Reel Trailer TCR14T1780 TL1-231 2007 HMD 1 axel trailer IDTL008231CO TL1-266 1999 Wheeler Reeler Hydraulic Reel Trailer 1S9SK16N2X1519266 TL1-275 2007 HMD 1 axel trailer IDTL008275CO TL1-28 1997 Homemade Cable Reel Trailer/Custom ID2027374CO TL1-3 1996 Homemade Hydraulic Reel Trailer ID246443CO TL1-31 1999 Wheeler Reeler 1-60 Hydraulic Trailer 1S9SK16N4X1519186 TL1-333 2012 Diamond T 5x8 Trailer 5FWUS0815CR014333 TL1-37 2000 TEC-70 Hydraulic Cable Reel Trailer 1T9BR1315YB648002 TL1-38 2000 TEC-70 Hydraulic Cable Reel Trailer 1T9BR1317YB648003 TL1-43 2000 Homemade TEC HYDROLIC REEL TRAILER 12030649CO TL1-442 2011 Diamond T 5x8 Trailer 5FWUS0817BR013442 TL1-443 2011 Diamond T 5x8 Trailer 5FWUS0819BR013443 TL1-453 2007 HMD Reel Trailer IDTL005453CO TL1-47 1971 Hogg Davis 1971 Hogg Davis Winch Trailer 11701295 TL1-48 1994 Arrowmaster Arrowmaster Arrow Board 01940F5 TL1-49 1996 Arrowmaster Arrowmaster Arrow Board 0893588 RFP 7546 Directional Boring & Trenching Page 45 of 66 TL1-496 2009 Diamond T 5x8 Trailer 5FWUS08109R012496 TL1-50 1999 Bulter Hydraulic reel trailer 1BUC1010XX2009440 TL1-538 2007 Home made 1 axel trailer TLID001538CO TL1-56 1994 WHITE HYDRAULIC REEL TRAILER 1DVDC1220RA001877 TL1-560 2011 Diamond T 5x10 trailer 5FWUS1010BR013560 TL1-566 2007 Lane Hydraulic Reel Trailer 1L9LS10177G321566 TL1-582 2006 Home made tool trailer, w/ Sullair 185 #00890002880 IDTL002582CO TL1-614 2008 Lane Hydraulic Reel Trailer 1L9LS10118G321614 TL1-615 2008 Lane Hydraulic Reel Trailer 1L9LS10138G321615 TL1-616 2008 Lane Hydraulic Reel Trailer 1L9LS10158G321616 TL1-617 2008 Lane Hydraulic Reel Trailer 1L9LS10178G321617 TL1-62 2001 Wanco 2001 WANCO ARROWBOARD 5F11S101211000363 TL1-66 2005 Homemade Trailer IDTL004666CO TL1-660 2006 Homemade Reel Trailer IDTL004660CO TL1-663 2006 Homemade Reel trailer IDTL004663CO TL1-667 2006 Homemade Was 2001 TEC-70 HYD. REEL IDTL004667CO TL1-697 1995 Wheeler Reeler 185 - Reel Trailer 1S9SK18N1S1228697 TL1-768 2006 Ditch Witch S2A Trailer 1DSB081P861700768 TL1-821 2008 Kiefer 9900 SL 1DVDC12188G055821 TL1-822 2008 Kiefer 6000 SL 1DVDC121X8G055822 TL1-844 2011 Diamond T 5x8 Trailer 5FWUS0815BR013844 TL1-893 2010 Diamond T 5x8 Trailer 5FWUS0814AR012893 TL1-8W 1998 HMD trailer S39468W TL2-022 2005 Ditch Witch Vac Trailer T9SH for Vac-16 1DSB122R8517Z2022 TL2-060 2013 Felling FT-30 trailer 5FTEE2623D1043060 TL2-08 1991 Big Tex 1991 BIG TEX (WHITE) 16VAX1624MIC12941 TL2-133 2005 Ditch Witch T18B Trailer with mud mixer 2Z0078 1DSB232N6517Z2133 TL2-137 2011 Load Trail Dump trailer 4ZEDT1422B1005137 TL2-178 2007 Innovative 10K Trailer 5PDCE18287R006178 TL2-18 1994 Big Tex Big Tex Trailer (Black) 16VPX1629R1E49880 TL2-24 1994 Big Tex Big Tex Trailer (Red) 16VPX162XR1E60967 TL2-263 2005 Ditch Witch Trailer - T18S, has DW VAC-15 1DSB202S2517Z2263 TL2-27 1994 Big Tex Big Tex Trailer (White) 16VPX162XR1E60001 TL2-28 1994 Big Tex Big Tex Trailer (White) 16VPX1621R1E60002 TL2-339 2005 Ditch Witch Trailer - T18S, has DW VAC-02 1DSB202S9517Z2339 TL2-35 1996 Big Tex 1996 Big Tex Trailer (Red) 16VPX1627T1373810 TL2-358 2005 Ditch Witch Trailer - T18S, has DW VAC-21 1DSB202S2517Z2358 TL2-41 1993 Eager Beaver Eager Beaver Drill Trailer 112HAN304PL040912 TL2-42 1998 Homemade DOUBLE REEL TRAILER ID12050011CO TL2-508 2008 Jayhawk Dump Trailer 4ZEDT102481045508 TL2-562 1996 PJ Dual axle trailer 4P5CF1827T1115562 TL2-59 2000 Diamond T Diamond T Trailer 5FWUS1623YR000844 TL2-717 2012 PJ 20' flatbed trailer 4P5CC2023C2172717 TL2-718 2012 PJ 20' flatbed trailer 4P5CC2025C2172718 TL2-728 2012 Load Trail 12' Dump Trailer 4ZEDT1224C1024728 TL2-729 2012 Load Trail 10' Dump Trailer 4ZEDT1022C1024729 TL2-789 2006 HMD Trailer IDTL004789CO TL2-90 1997 Diamond T 25' Float Trailer 46UFU2522V1049360 TL2-908 1999 Miller Office Trailer 486908 TL2-955 2006 Ditch Witch Trailer - T18S, has DW VAC-76 1DSB202S361701955 TL2-961 2009 Interstate 40DLA Trailer, Flatbed 1JKDLA4099M009961 TL3-148 2006 Superior 3LS7M 1S9LG26316C241148 RFP 7546 Directional Boring & Trenching Page 46 of 66 TR10 1997 Ditch Witch Ditch Witch 1820HE Trencher 1M0242 TR98 2007 Ditch Witch 1820 trencher CMW182HEC70001098 TRD19 1995 Ditch Witch 7610 Trencher 5M0642 TRD20 1997 Ditch Witch 7610 Trencher 5N0643 TRD7 1999 Ditch Witch 1820 trencher 1S1947 TRD8 1993 Ditch Witch 3610 Trencher 3K0231 VAC-02 2005 Ditch Witch Vac Unit - 800 gal FX30S CMWFX30XE50000002 VAC-15 2005 Ditch Witch Vac Unit - 800 gal FX30S 2z0715 VAC-16 2005 Ditch Witch FX30 Vac Unit 2Z1116 VAC-21 2005 Ditch Witch Vac Unit - 800 gal FX30S CMWFX30XT50000021 VAC-76 2006 Ditch Witch Vac Unit - 800 gal FX30S CMWFX30XA60000076 Hourly Rates for Equipment (Information is Proprietary) Equipment Equipment Rate Labor Rate 20K Directional Bore Rig $125.00 $105.00 Vacuum Excavator $80.00 $85.00 1 Ton Truck with hand tools $40.00 $85 Single Axle Dump Truck $45.00 $75 Dual Axle Dump Truck $65.00 $75 Dump trailer $65.00 $75 Arrow/light board $35.00 $0 Cable / flatbed trailer $35.00 $0 Mini Ex $50.00 $85.00 Backhoe $60.00 $85.00 Foreman $0.00 $50.00 Laborer $0.00 $35.00 Overtime surcharge is 50% Holiday and weekend surcharge is 100% RFP 7546 Directional Boring & Trenching Page 47 of 66 Exhibit K RFP 7546 Directional Boring & Trenching Page 48 of 66 RFP 7546 Directional Boring & Trenching Page 49 of 66 Exhibit L Quality Control Plan RFP 7546 Directional Boring & Trenching Page 50 of 66 RFP 7546 Directional Boring & Trenching Page 51 of 66 RFP 7546 Directional Boring & Trenching Page 52 of 66 RFP 7546 Directional Boring & Trenching Page 53 of 66 RFP 7546 Directional Boring & Trenching Page 54 of 66 RFP 7546 Directional Boring & Trenching Page 55 of 66 RFP 7546 Directional Boring & Trenching Page 56 of 66 RFP 7546 Directional Boring & Trenching Page 57 of 66 RFP 7546 Directional Boring & Trenching Page 58 of 66 RFP 7546 Directional Boring & Trenching Page 59 of 66 RFP 7546 Directional Boring & Trenching Page 60 of 66 RFP 7546 Directional Boring & Trenching Page 61 of 66 RFP 7546 Directional Boring & Trenching Page 62 of 66 RFP 7546 Directional Boring & Trenching Page 63 of 66 RFP 7546 Directional Boring & Trenching Page 64 of 66 RFP 7546 Directional Boring & Trenching Page 65 of 66 RFP 7546 Directional Boring & Trenching Page 66 of 66 report Unite Private Networks Jeff Hughes 719-583-7832 Page, Arizona Unmarked gas line damage $248,800 / 267,000 / 1 from customer redesign 180 days / 150 days Larimer County Mark Lyons 970-481-4352 Various projects None $25,000 per year / no changes to contract Several projects under master contract, each with separate timelines – no delays to report 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. Answer: Sage has an excellent OSHA Lost Time Rate and low Incident Rate. Our NCCI rate went up to 1.26 due to 3 accidents from 2 years ago (the calculation was changed and now goes back 3 years). The largest claim was from an underinsured third party driver running a red light and causing significant injury and vehicle damage. Our previous mod rates ranged between 0.69 and 0.82. (2012’s rate) Total OSHA recordable incidents for 2012 were 7 injuries, with 7 days away for a recordable rate of 8.95 and a DART of 3.84. None of these accidents occurred on City projects. See Attached. 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: 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. and reflect unique ground conditions. c. Please provide a brief description about your company and/or its interest in promoting environmental sustainability. Answer: While the construction industry is considered a net consumer of