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HomeMy WebLinkAbout124503 SAGE TELECOMMUNICATIONS CORP - CONTRACT - RFP - 8820 DIRECTIONAL BORING AND TRENCHING ON-CALLOfficial Purchasing Document Last updated 10/2017 Services Agreement - Work Order Type 8820 Directional Boring & Trenching Page 1 of 114 SERVICES AGREEMENT WORK ORDER TYPE 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 SAGE TELECOMMUNICATIONS CORP. OF COLORADO, LLC, 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. Services to be Performed. a. This Agreement shall constitute the basic agreement between the parties for boring & trenching services. The conditions set forth herein shall apply to all services performed by the Service Provider on behalf of the City and particularly described in Work Orders agreed upon in writing by the parties from time to time. Such Work Orders, samples of which are attached hereto as Exhibit A & B, consisting of two (2) and thirty-three (33) pages and incorporated herein by this reference, shall include a description of the services to be performed, the location and time for performance, the amount of payment, any materials to be supplied by the City and any other special circumstances relating to the performance of services. A general scope of services is attached hereto as Exhibit D, consisting of ten (10) pages, and incorporated herein by this reference. The only services authorized under this Agreement are those which are performed after receipt of such Work Order, except in emergency circumstances where oral work requests may be issued. Oral requests for emergency actions will be confirmed by issuance of a written Work Order within two (2) working days. Irrespective of references in Exhibit A and Exhibit B to certain named third parties, Service Provider shall be solely responsible for performance of all duties hereunder. b. The City may, at any time during the term of a particular Work Order and without invalidating such Work Order, make changes to the scope of the particular services. Such changes shall be agreed upon in writing by the parties by Change Order, a sample of which is attached hereto as Exhibit C, consisting of one (1) page and incorporated herein by this reference. 2. Changes in the Work. The City reserves the right to independently bid any services rather than issuing work to the Service Provider pursuant to this Agreement. Nothing within this Agreement shall obligate the City to have any particular service performed by the Service Provider. 3. Time of Commencement and Completion of Services. The services to be performed pursuant to this Agreement shall be initiated as specified by each written Work Order or oral DocuSign Envelope ID: 67EF3EA8-2F68-4EB7-B3AC-1A0D4E9181E5 Official Purchasing Document Last updated 10/2017 Services Agreement - Work Order Type 8820 Directional Boring & Trenching Page 2 of 114 emergency service request. Oral emergency service requests will be acted upon without waiting for a written Work Order. Time is of the essence. 4. Contract Period. This Agreement shall commence March 11, 2019 and shall continue in full force and effect until March 10, 2020, 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 four (4) additional one year periods. Renewals and pricing changes shall be negotiated by and agreed to by both parties. Written notice of renewal shall be provided to the Service Provider and mailed no later than thirty (30) days prior to contract end. 5. Delay. If either party is prevented in whole or in part from performing its obligations by unforeseeable causes beyond its reasonable control and without is 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. 6. Early Termination by City/Notices. 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 mailed 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 address: Service Provider: City: Copy to: Sage Telecommunications Corp. of Colorado, LLC Attn: Mike McFadden 6700 Race Street Denver, CO 80229 City of Fort Collins Attn: Travis Walker PO Box 580 Fort Collins, CO 80522 City of Fort Collins Attn: Purchasing Dept. 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 termination date, 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. 7. Contract Sum. This is an open-end indefinite quantity Agreement with no fixed price. The actual amount of work to be performed will be stated on the individual Work Orders. The City makes no guarantee as to the number of Work Orders that may be issued or the actual amount of services which will in fact be requested. 8. Payments. a. The City agrees to pay and the Service Provider agrees to accept as full payment for all work done and all materials furnished and for all costs and expenses incurred in performance of the work the sums set forth for the hourly labor rate and material costs, DocuSign Envelope ID: 67EF3EA8-2F68-4EB7-B3AC-1A0D4E9181E5 Official Purchasing Document Last updated 10/2017 Services Agreement - Work Order Type 8820 Directional Boring & Trenching Page 3 of 114 with markups, stated within the Bid Schedule, attached hereto as Exhibit E, consisting of five (5) pages, and incorporated herein by this reference. Payment shall be made by the City only upon acceptance of the work by the City and upon the Service Provider furnishing satisfactory evidence of payment of all wages, taxes, supplies and materials, and other costs incurred in connection with the performance of such work. 9. Liquidated Damages. OWNER and CONTRCTOR recognize that time is of the essence of this Agreement and that OWNER will suffer financial loss if the Work is not completed within the times specified in the Work Order, plus any extensions thereof allowed in accordance with Article 12 of the General conditions. They also recognize the delays, expenses and difficulties involved in proving in a legal proceeding the actual loss suffered by OWNER if the Work is not completed on time. Accordingly, instead of requiring any such proof, OWNER and CONTRACTOR agree that as liquidated damages for delay (but not as penalty) CONTRACTOR shall pay OWNER the amount set forth in each Work Order. 10. City Representative. The City's representative will be shown on the specific Work Order and shall make, within the scope of his or her authority, all necessary and proper decisions with reference to the work requested. All requests concerning this Agreement shall be directed to the City Representative. 11. Independent Contractor. It is agreed that in the performance of any services hereunder, the Service Provider is an independent contractor responsible to the City only as to the results to be obtained in the particular work assignment and to the extent that the work shall be done in accordance with the terms, plans and specifications furnished by the City. 12. 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. 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 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. 13. 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. DocuSign Envelope ID: 67EF3EA8-2F68-4EB7-B3AC-1A0D4E9181E5 Official Purchasing Document Last updated 10/2017 Services Agreement - Work Order Type 8820 Directional Boring & Trenching Page 4 of 114 14. 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 under the Agreement or of any cause of action arising out of the performance of this Agreement. 15. 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. 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 twenty-four (24) months from and after final acceptance under the Work Order, 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. 16. 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. 17. 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. 18. 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 representative, successors and assigns of said parties. 19. Indemnity/Insurance. 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 DocuSign Envelope ID: 67EF3EA8-2F68-4EB7-B3AC-1A0D4E9181E5 Official Purchasing Document Last updated 10/2017 Services Agreement - Work Order Type 8820 Directional Boring & Trenching Page 5 of 114 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 F, 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 Purchasing Director, 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. 20. 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. 21. Law/Severability. This Agreement shall be governed in all respect by the laws of the State of Colorado. 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. 22. Prohibition Against Employing Illegal Aliens. Pursuant to Section 8-17.5-101, C.R.S., et. 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. DocuSign Envelope ID: 67EF3EA8-2F68-4EB7-B3AC-1A0D4E9181E5 Official Purchasing Document Last updated 10/2017 Services Agreement - Work Order Type 8820 Directional Boring & Trenching Page 6 of 114 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 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. 23. Dust Control. The Service Provider shall abide by the City of Fort Collins “Dust Control and Prevention Manual,” which is available for public download at https://www.fcgov.com/airquality/pdf/dust-prevention-and-control-manual.pdf, and is incorporated herein by this reference. The City of Fort Collins has implemented this manual for all projects performed for the City of Fort Collins or located within the City of Fort Collins City limits. 24. Haul Routes. All trucks used for work contracted by the City utilizing asphalt from the asphalt plant located at 1800 North Taft Hill Road may only enter North Taft Hill Road from the North using CR 54 G and only exit the site on North Taft Hill Road to the North to CR 54G. 25. Special Provisions. Special provisions or conditions relating to the services to be performed pursuant to this Agreement are set forth in Exhibit G - Confidentiality consisting of one (1) page attached hereto and incorporated herein by this reference. DocuSign Envelope ID: 67EF3EA8-2F68-4EB7-B3AC-1A0D4E9181E5 Official Purchasing Document Last updated 10/2017 Services Agreement - Work Order Type 8820 Directional Boring & Trenching Page 7 of 114 THE CITY OF FORT COLLINS, COLORADO By: Gerry Paul Purchasing Director DATE: ATTEST: APPROVED AS TO FORM: SAGE TELECOMMUNICATIONS CORP. OF COLORADO, LLC By: Printed: Title: Date: DocuSign Envelope ID: 67EF3EA8-2F68-4EB7-B3AC-1A0D4E9181E5 3/28/2019 Mike McFadden Vice President of Operations Assistant City Attorney ll 3/28/2019 City Clerk Official Purchasing Document Last updated 10/2017 Services Agreement - Work Order Type 8820 Directional Boring & Trenching Page 8 of 114 EXHIBIT A WORK ORDER FORM (Short form) PURSUANT TO A MASTER AGREEMENT BETWEEN THE CITY OF FORT COLLINS AND SAGE TELECOMMUNICATIONS CORP. OF COLORADO, LLC WORK ORDER NUMBER: PM's Tracking # PROJECT TITLE: ORIGINAL BID/RFP NUMBER & NAME: MASTER AGREEMENT EFFECTIVE DATE: March 11, 2019 ARCHITECT/ENGINEER: If using a 3rd party architect/engineer or City PM/Engineer OWNER’S REPRESENTATIVE: City PM WORK ORDER COMMENCEMENT DATE: WORK ORDER COMPLETION DATE: MAXIMUM FEE: (time and reimbursable direct costs): PROJECT DESCRIPTION/SCOPE OF SERVICES: Service Provider agrees to perform the services identified above and on the attached forms in accordance with the terms and conditions contained herein and in the Master Agreement between the parties. In the event of a conflict between or ambiguity in the terms of the Master Agreement and this Work Order (including the attached forms) the Master Agreement shall control. The attached forms consisting of ( ) pages are hereby accepted and incorporated herein, by this reference, and Notice to Proceed is hereby given after all parties have signed this document. SERVICE PROVIDER: Sage Telecommunications Corp. of Colorado, LLC By: Date: Name: Title: DocuSign Envelope ID: 67EF3EA8-2F68-4EB7-B3AC-1A0D4E9181E5 Official Purchasing Document Last updated 10/2017 Services Agreement - Work Order Type 8820 Directional Boring & Trenching Page 9 of 114 OWNER’S ACCEPTANCE & EXECUTION: This Work Order and the attached Contract Documents are hereby accepted and incorporated herein by this reference. ACCEPTANCE: Date: Name, Project Manager REVIEWED: Date: Name, Buyer or Senior Buyer APPROVED AS TO FORM: Date: Name,City Attorney's Title (if greater than $1,000,000) ACCEPTANCE: Date: Name, Title ACCEPTANCE: Date: Name, Title ACCEPTANCE: Date: Kevin Gertig, Utilities Executive Director (if greater than $1,000,000) ACCEPTANCE: Date: Gerry Paul, Purchasing Director (if greater than $60,000) ACCEPTANCE: Date: Darin Atteberry, City Manager (if greater than $1,000,000) ATTEST: Date: City Clerk (if greater than $1,000,000) DocuSign Envelope ID: 67EF3EA8-2F68-4EB7-B3AC-1A0D4E9181E5 Official Purchasing Document Last updated 10/2017 Services Agreement - Work Order Type 8820 Directional Boring & Trenching Page 10 of 114 EXHIBIT B WORK ORDER FORM (Construction over $100,000) FORT COLLINS UTILITIES CONSTRUCTION WORK ORDER PROJECT TITLE WORK ORDER NO. PM'S TRACKING # CONTRACTOR: Sage Telecommunications Corp. of Colorado, LLC DocuSign Envelope ID: 67EF3EA8-2F68-4EB7-B3AC-1A0D4E9181E5 Official Purchasing Document Last updated 10/2017 Services Agreement - Work Order Type 8820 Directional Boring & Trenching Page 11 of 114 TABLE OF CONTENTS AGREEMENT FORMS 00525 Work Order, Notice of Award & Bid Schedule 00530 Work Order Notice to Proceed 00600 Bonds and Certificates 00610 Performance Bond 00615 Payment Bond 00630 Certificate of Insurance 00635 Certificate of Substantial Completion 00640 Certificate of Final Acceptance 00650 Lien Waiver Release (CONTRACTOR) 00651 Lien Waiver Release (SUBCONTRACTOR) 00660 Consent of Surety 00670 Application for Exemption Certificate 00700 General Conditions of the Construction Contract 00800 Supplementary Conditions 00900 Addenda, Modifications and Payment 00950 Work Order Change Order Form 00960 Application for Payment ADDITIONAL DOCUMENTS Attachment A DRAWING INDEX DocuSign Envelope ID: 67EF3EA8-2F68-4EB7-B3AC-1A0D4E9181E5 Official Purchasing Document Last updated 10/2017 Services Agreement - Work Order Type 8820 Directional Boring & Trenching Page 12 of 114 SECTION 00500 CONSTRUCTION WORK ORDER AGREEMENT FORMS 00525 Work Order, Notice of Award & Bid Schedule 00530 Work Order Notice to Proceed DocuSign Envelope ID: 67EF3EA8-2F68-4EB7-B3AC-1A0D4E9181E5 Official Purchasing Document Last updated 10/2017 Services Agreement - Work Order Type 8820 Directional Boring & Trenching Page 13 of 114 SECTION 00525 WORK ORDER, NOTICE OF AWARD AND BID SCHEDULE TO: Sage Telecommunications Corp. of Colorado, LLC WORK ORDER NUMBER: PM's Tracking # PROJECT TITLE: ORIGINAL BID/RFP NUMBER & NAME: MASTER AGREEMENT EFFECTIVE DATE: March 11, 2019 ARCHITECT/ENGINEER: If using a 3rd party architect/engineer or can be City PM/Engineer OWNER’S REPRESENTATIVE: City PM WORK ORDER COMMENCEMENT DATE: MAXIMUM FEE: (time and reimbursable direct costs): NOTICE OF AWARD DATE: Date of this Document OWNER: City of Fort Collins (hereinafter referred to as OWNER) 1. WORK. Pursuant to your MASTER AGREEMENT with OWNER dated March 11, 2019, and your Work Order Proposal dated Date of Quote, you have been awarded a Work Order for Project Title. PROJECT DESCRIPTION & SITE LOCATION: 2. CONTRACT PRICE, BONDS AND CERTIFICATES. The price of your Work Order is Written Dollar Amount ($Numerical Dollar Amount). Pursuant to the AGREEMENT and the Work Order Documents, Performance and Payment Bonds and insurance are required. 3. CONTRACT TIMES. Pursuant to the MASTER AGREEMENT and the Work Order Documents, the date for Substantial Completion of this Work Order is Date, and after Substantial Completion, the date for Final Completion is Date. 4. LIQUIDATED DAMAGES. OWNER and CONTRACTOR recognize that time is of the essence of this Work Order and that OWNER will suffer financial loss if the Work is not completed within the times specified in paragraph 3 above, plus any extensions thereof allowed in accordance with Article 12 of the General Conditions. They also recognize the delays, expenses and difficulties involved in proving in a legal proceeding the actual loss suffered by OWNER if the Work is not completed on time. Accordingly instead of requiring any such proof, OWNER and CONTRACTOR agree that as liquidated damages for delay (but not as penalty) CONTACTOR shall pay OWNER the amounts set forth hereafter. DocuSign Envelope ID: 67EF3EA8-2F68-4EB7-B3AC-1A0D4E9181E5 Official Purchasing Document Last updated 10/2017 Services Agreement - Work Order Type 8820 Directional Boring & Trenching Page 14 of 114 1) Substantial Completion: Written Dollar Amount ($Numerical Dollar Amount) for each calendar day or fraction thereof after Date until the work is Substantially Complete. 2) Final Acceptance: After Substantial Completion, Written Dollar Amount ($Numerical Dollar Amount) for each calendar day or fraction thereof after XX number of calendar days until the Work is ready for Final Payment and Acceptance. 5. PAYMENT PROCEDURES. CONTRACTOR shall submit Applications for Payment in accordance with Article 14 of the General Conditions. Applications for Payment will be processed by OWNER. PROGRESS PAYMENTS. OWNER shall make progress payments on account of the Contract Price on the basis of CONTRACTOR's Application for Payment, once each month during construction as provided below. All progress payments will be on the basis of the progress of the Work measured by the schedule of values established in paragraph 2.6 of the General Conditions and in the case of Unit Price Work based on the number of units completed, and in accordance with the General Requirements concerning Unit Price Work. Prior to Substantial Completion, Owner will be entitled to withhold as contract retainage five percent (5%) of each progress payment, but, in each case, less the aggregate of payments previously made and less such amounts as OWNER may withhold, in accordance with paragraph 14.7 of the General Conditions. If, in the sole discretion of Owner, Owner determines that the character and progress of the Work have been satisfactory to OWNER, OWNER may determine that as long as the character and progress of the Work remain satisfactory to them, there will be no additional retainage on account of Work completed in which case the remaining progress payments prior to Substantial Completion will be in an amount equal to 100% of the Work completed. 95% of materials and equipment not incorporated in the Work (but delivered, suitably stored and accompanied by documentation satisfactory to OWNER as provided in paragraph 14.2 of the General Conditions) may be included in the application Section 00960. Upon Substantial Completion payment will be made in an amount sufficient, if necessary, to increase total payments to CONTRACTOR to 95% of the Contract Price, less such amounts as OWNER may withhold in accordance with paragraph 14.7 of the General Conditions or as provided by law. Upon Final Completion and Acceptance of the Work in accordance with paragraph 14.13 of the General Conditions, OWNER shall pay the remainder of the Contract Price as provided in said paragraph 14.13. 6. EXECUTION. Work Order Documents must be executed in DocuSign within fifteen (15) calendar days of the date of this Notice of Award. Contractor shall attach Payment and Performance Bonds and Certificate of Insurance(COI) to the Work Order Documents in DocuSign. In addition, one original set of executed Bonds and COI shall be provided to the Buyer. DocuSign Envelope ID: 67EF3EA8-2F68-4EB7-B3AC-1A0D4E9181E5 Official Purchasing Document Last updated 10/2017 Services Agreement - Work Order Type 8820 Directional Boring & Trenching Page 15 of 114 Failure to comply with these conditions within the time specified will entitle OWNER to consider your Work Order Proposal abandoned and to annul this Work Order & Notice of Award. CONTRACTOR’S NOTICE OF AWARD REPRESENTATION & EXECUTION: CONTRACTOR agrees to perform the services identified above, in accordance with the terms and conditions contained herein, the MASTER AGREEMENT, and the NOTICE OF AWARD between the parties. In the event of a conflict between or ambiguity in the terms of the MASTER AGREEMENT or specific Work Orders, the MASTER AGREEMENT shall control. CONTRACTOR: Sage Telecommunications Corp. of Colorado, LLC By: Date: Name: Title: DocuSign Envelope ID: 67EF3EA8-2F68-4EB7-B3AC-1A0D4E9181E5 Official Purchasing Document Last updated 10/2017 Services Agreement - Work Order Type 8820 Directional Boring & Trenching Page 16 of 114 OWNER’S ACCEPTANCE & EXECUTION: This Work Order and the attached Documents are hereby accepted and incorporated herein by this reference. ACCEPTANCE: Date: Name, Project Manager REVIEWED: Date: Name, Buyer or Senior Buyer APPROVED AS TO FORM: Date: Name,City Attorney's Title (if greater than $1,000,000) ACCEPTANCE: Date: Name, Title ACCEPTANCE: Date: Name, Title ACCEPTANCE: Date: Kevin Gertig, Utilities Executive Director (if greater than $1,000,000) ACCEPTANCE: Date: Gerry Paul, Purchasing Director (if greater than $60,000) ACCEPTANCE: Date: Darin Atteberry, City Manager (if greater than $1,000,000) ATTEST: Date: City Clerk (if greater than $1,000,000) DocuSign Envelope ID: 67EF3EA8-2F68-4EB7-B3AC-1A0D4E9181E5 Official Purchasing Document Last updated 10/2017 Services Agreement - Work Order Type 8820 Directional Boring & Trenching Page 17 of 114 BID SCHEDULE Insert Work Order Quote/Proposal Here DocuSign Envelope ID: 67EF3EA8-2F68-4EB7-B3AC-1A0D4E9181E5 Official Purchasing Document Last updated 10/2017 Services Agreement - Work Order Type 8820 Directional Boring & Trenching Page 18 of 114 SECTION 00530 WORK ORDER NOTICE TO PROCEED NOTICE TO PROCEED DATE: WORK ORDER TITLE: WORK ORDER NUMBER: TO: Sage Telecommunications Corp. of Colorado, LLC Attn: Mike McFadden 6700 Race Street Denver, CO 80229 This notice is to advise you: That the Work Order and all amendments and supplements to the Work Order Documents covering the above described Work have been fully executed by the CONTRACTOR and the OWNER. That the required CONTRACTOR's Performance and Payment Bonds and insurance have been received by the OWNER. That the OWNER has approved the said Work Order and Work Order Documents. Therefore, as the CONTRACTOR for the above described Work, you are hereby authorized and directed to proceed within ( ) calendar days from receipt of this notice as required by the Work Order and the AGREEMENT. The dates for Substantial Completion and Final Acceptance shall be , and , respectively. Dated this _____________ day of ___________, _____. CITY OF FORT COLLINS (OWNER) By: Name, Title ACKNOWLEDGMENT OF NOTICE Receipt of the above Work Order Notice to Proceed is hereby acknowledged this Day day of Month, Year. (CONTRACTOR) By: ___________________________________________ Name, Title DocuSign Envelope ID: 67EF3EA8-2F68-4EB7-B3AC-1A0D4E9181E5 Official Purchasing Document Last updated 10/2017 Services Agreement - Work Order Type 8820 Directional Boring & Trenching Page 19 of 114 SECTION 00600 BONDS AND CERTIFICATES 00610 Performance Bond 00615 Payment Bond 00630 Certificate of Insurance 00635 Certificate of Substantial Completion 00640 Certificate of Final Acceptance 00650 Lien Waiver Release (CONTRACTOR) 00651 Lien Waiver Release (SUBCONTRACTOR) 00660 Consent of Surety 00670 Application for Exemption Certificate DocuSign Envelope ID: 67EF3EA8-2F68-4EB7-B3AC-1A0D4E9181E5 Official Purchasing Document Last updated 10/2017 Services Agreement - Work Order Type 8820 Directional Boring & Trenching Page 20 of 114 SECTION 00610 PERFORMANCE BOND Bond No __ KNOW ALL MEN BY THESE PRESENTS: that Sage Telecommunications Corp. of Colorado, LLC 6700 Race Street Denver, CO 80229 (an Individual), (a Partnership), (a Corporation), hereinafter referred to as the "Principal" and (Firm) (Address) hereinafter referred to as "the Surety", are held and firmly bound unto City of Fort Collins, 300 LaPorte Ave, Fort Collins, Colorado 80522 a (Municipal Corporation) hereinafter referred to as the "OWNER", in the penal sum of ($ ) in lawful money of the United States, for the payment of which sum well and truly to be made, we bind ourselves, successors and assigns, jointly and severally, firmly by these presents. THE CONDITIONS OF THIS OBLIGATION are such that whereas the Principal entered into a certain Master Agreement with the OWNER, dated the 11th day of March, 2019, a copy of which is hereto attached and made a part hereof, for the performance of The City of Fort Collins Work Order, titled Work Order Project Title, Work Order Number PM's Tracking #, dated Work Order Date, a copy of which is hereto attached and made a part hereof. NOW, THEREFORE, if the Principal shall well, truly and faithfully perform its duties, all the undertakings, covenants, terms, conditions and agreements of said Work Order and Master Agreement during the original term thereof, and any extensions thereof which may be granted by the OWNER, with or without Notice to the Surety and during the life of the guaranty period, and if the Principal shall satisfy all claims and demands incurred under such Work Order and Master Agreement, and shall fully indemnify and save harmless the OWNER from all cost and damages which it may suffer by reason of failure to do so, and shall reimburse and repay the OWNER all outlay and expense which the OWNER may incur in making good any default, then this obligation shall be void; otherwise to remain in full force and effect. PROVIDED, FURTHER, that the said Surety, for value received, hereby stipulates and agrees that no change, extension of time, alteration or addition to the terms of the Work Order and Master Agreement or to the Work to be performed thereunder or the Specifications accompanying the same shall in any way affect its obligation on this bond; and it does hereby waive notice of any such change, extension of time, alteration or addition to the terms of the Work Order and Master Agreement or to the Work or to the Specifications. PROVIDED, FURTHER, that no final settlement between the OWNER and the CONTRACTOR shall abridge the right of any beneficiary hereunder, whose claim may be unsatisfied. PROVIDED, FURTHER, that the Surety Company must be authorized to transact business in the State of Colorado and be acceptable to the OWNER. DocuSign Envelope ID: 67EF3EA8-2F68-4EB7-B3AC-1A0D4E9181E5 Official Purchasing Document Last updated 10/2017 Services Agreement - Work Order Type 8820 Directional Boring & Trenching Page 21 of 114 IN WITNESS WHEREOF, this instrument is executed in three (3) counterparts, each one of which shall be deemed an original, this _____ day of ___________, _____. IN PRESENCE OF: Principal (Title) (Title) (Corporate Seal) (Address) IN PRESENCE OF: Other Partners _____________________________ By: _____________________________ By: IN PRESENCE OF: Surety _____________________________ By: _____________________________ (Address) (Surety Seal) NOTE: Date of Bond must not be prior to date of Work Order. If CONTRACTOR is Partnership, all partners should execute Bond. DocuSign Envelope ID: 67EF3EA8-2F68-4EB7-B3AC-1A0D4E9181E5 Official Purchasing Document Last updated 10/2017 Services Agreement - Work Order Type 8820 Directional Boring & Trenching Page 22 of 114 SECTION 00615 PAYMENT BOND Bond No __ KNOW ALL MEN BY THESE PRESENTS: that Sage Telecommunications Corp. of Colorado, LLC 6700 Race Street Denver, CO 80229 (an Individual), (a Partnership), (a Corporation), hereinafter referred to as the "Principal" and (Firm) (Address) hereinafter referred to as "the Surety", are held and firmly bound unto City of Fort Collins, 300 LaPorte Ave, Fort Collins, Colorado 80522 a (Municipal Corporation) hereinafter referred to as the "OWNER", in the penal sum of ($ ) in lawful money of the United States, for the payment of which sum well and truly to be made, we bind ourselves, successors and assigns, jointly and severally, firmly by these presents. THE CONDITIONS OF THIS OBLIGATION are such that whereas the Principal entered into a certain Master Agreement with the OWNER, dated the 11th day of March, 2019, a copy of which is hereto attached and made a part hereof, for the performance of The City of Fort Collins Work Order, titled Work Order Project Title, Work Order Number PM's Tracking #, dated Work Order Date, a copy of which is hereto attached and made a part hereof. NOW, THEREFORE, if the Principal shall make payment to all persons, firms, subcontractors, and corporations furnishing materials for or performing labor in the prosecution of the Work provided for in such Work Order and Master Agreement and any authorized extension or modification thereof, including all amounts due for materials, lubricants, repairs on machinery, equipment and tools, consumed, rented or used in connection with the construction of such Work, and all insurance premiums on said Work, and for all labor, performed in such Work whether by subcontractor or otherwise, then this obligation shall be void; otherwise to remain in full force and effect. PROVIDED, FURTHER, that the said Surety, for value received, hereby stipulates and agrees that no change, extension of time, alteration or addition to the terms of the Work Order and Master Agreement or to the Work to be performed thereunder or the Specifications accompanying the same shall in any way affect its obligation on this bond; and it does hereby waive notice of any such change, extension of time, alteration or addition to the terms of the Work Order and Master Agreement or to the Work or to the Specifications. PROVIDED, FURTHER, that no final settlement between the OWNER and the CONTRACTOR shall abridge the right of any beneficiary hereunder, whose claim may be unsatisfied. PROVIDED, FURTHER, that the Surety Company must be authorized to transact business in the State of Colorado and be acceptable to the OWNER. DocuSign Envelope ID: 67EF3EA8-2F68-4EB7-B3AC-1A0D4E9181E5 Official Purchasing Document Last updated 10/2017 Services Agreement - Work Order Type 8820 Directional Boring & Trenching Page 23 of 114 IN WITNESS WHEREOF, this instrument is executed in three (3) counterparts, each one of which shall be deemed an original, this _____ day of ___________, _____. IN PRESENCE OF: Principal (Title) (Title) (Corporate Seal) (Address) IN PRESENCE OF: Other Partners _____________________________ By: _____________________________ By: IN PRESENCE OF: Surety _____________________________ By: _____________________________ (Address) (Surety Seal) NOTE: Date of Bond must not be prior to date of Work Order. If CONTRACTOR is Partnership, all partners should execute Bond. DocuSign Envelope ID: 67EF3EA8-2F68-4EB7-B3AC-1A0D4E9181E5 Official Purchasing Document Last updated 10/2017 Services Agreement - Work Order Type 8820 Directional Boring & Trenching Page 24 of 114 SECTION 00630 CERTIFICATE OF INSURANCE CONTRACTOR shall submit Certificate of Insurance in compliance with the Work Order Documents. DocuSign Envelope ID: 67EF3EA8-2F68-4EB7-B3AC-1A0D4E9181E5 Official Purchasing Document Last updated 10/2017 Services Agreement - Work Order Type 8820 Directional Boring & Trenching Page 25 of 114 SECTION 00635 CERTIFICATE OF SUBSTANTIAL COMPLETION TO: CITY OF FORT COLLINS (OWNER) PROJECT TITLE: DATE OF SUBSTANTIAL COMPLETION: LOCATION: Fort Collins, Colorado OWNER: City of Fort Collins PROJECT OR SPECIFIED PART SHALL CONTRACTOR: Sage Telecommunications Corp. of Colorado, LLC INCLUDE: WORK ORDER DATE: The Work performed under this Work Order, pursuant to the Work Order Documents, has been inspected by authorized representatives of the OWNER, CONTRACTOR, and the ENGINEER and the project (or specified part of the project, as indicated above) is hereby declared to be substantially completed on the above date. A tentative list of items to be completed or corrected is appended hereto. This list may not be exhaustive, and the failure to include an item on it does not alter the responsibility of the CONTRACTOR to complete all the Work in accordance with the Work Order Documents. _____________________________ By: __________________________ ________ PROJECT MANAGER AUTHORIZED REPRESENTATIVE DATE The CONTRACTOR accepts the above Certificate of Substantial Completion and agrees to complete and correct the items on the tentative list within the time indicated. _____________________________ By: __________________________ ________ CONTRACTOR AUTHORIZED REPRESENTATIVE DATE The OWNER accepts the project or specified area of the project as substantially complete and will assume full possession of the project or specified area of the project at 12:01 a.m., on . The responsibility for heat, utilities, security, and insurance under the Work Order Documents shall be as set forth under "Remarks" below. CITY OF FORT COLLINS ________ By: __________________________ ________ OWNER AUTHORIZED REPRESENTATIVE DATE REMARKS: _________________________________________________________________ ____________________________________________________________________________ ____________________________________________________________________________ DocuSign Envelope ID: 67EF3EA8-2F68-4EB7-B3AC-1A0D4E9181E5 Official Purchasing Document Last updated 10/2017 Services Agreement - Work Order Type 8820 Directional Boring & Trenching Page 26 of 114 SECTION 00640 CERTIFICATE OF FINAL ACCEPTANCE DATE: TO: You are hereby notified that on the Day day of Month, Year, the City of Fort Collins, Colorado, has accepted the Work completed by Sage Telecommunications Corp. of Colorado, LLC, for the City of Fort Collins Work Order, titled Project Title, Work Order Number PM's Tracking #. Your continuing obligations and guarantees for the Project will be as provided in the Work Order and Work Order Documents. Sincerely, City of Fort Collins OWNER By: ___________________________________________ ___________________________________________ Name, Title DocuSign Envelope ID: 67EF3EA8-2F68-4EB7-B3AC-1A0D4E9181E5 Official Purchasing Document Last updated 10/2017 Services Agreement - Work Order Type 8820 Directional Boring & Trenching Page 27 of 114 SECTION 00650 LIEN WAIVER RELEASE (CONTRACTOR) TO: City of Fort Collins, Colorado (OWNER) FROM: Sage Telecommunications Corp. of Colorado, LLC (CONTRACTOR) WORK ORDER TITLE: WORK ORDER NUMBER: 1. The CONTRACTOR acknowledges having received payment, except retainage from the OWNER for all work, labor, skill and material furnished, delivered and performed by the CONTRACTOR for the OWNER or for anyone in the construction, design, improvement, alteration, addition or repair of the above described project. 2. In consideration of such payment and other good and valuable consideration, the receipt and adequacy of which are hereby acknowledged, the CONTRACTOR voluntarily waives all rights, claims and liens, including but not limited to, mechanic's liens, Miller Act claims (40 U.S.C.A. 270 a and b), stop notices, equitable liens and labor and material bond rights which the CONTRACTOR may now or may afterward have, claim or assert for all and any work, labor, skill or materials furnished, delivered or performed for the construction, design, improvement, alteration, addition or repair of the above described project, against the OWNER or its officers, agents, employees or assigns, against any fund of or in the possession or control of the OWNER, against the project or against all land and the buildings on and appurtenances to the land improved by the project. 3. The CONTRACTOR affirms that all work, labor and materials, furnished, delivered or performed to or for the construction, design, improvement, alteration, addition or repair of the project were furnished, delivered or performed by the CONTRACTOR or its agents, employees, and servants, or by and through the CONTRACTOR by various Subcontractors or materialmen or their agents, employees and servants and further affirms the same have been paid in full and have released in full any and all existing or possible future mechanic's liens or rights or claims against the project or any funds in the OWNER'S possession or control concerning the project or against the OWNER or its officers, agents, employees or assigns arising out of the project. 4. The CONTRACTOR agrees to defend and hold harmless the OWNER, the lender, if any, and the Surety on the project against and from any claim hereinafter made by the CONTRACTOR's Subcontractors, materialmen, employees, servants, agents or assigns against the project or against the OWNER or its officers, employees, agents or assigns arising out of the project for all loss, damage and costs, including reasonable attorneys fees, incurred as a result of such claims. 5. The parties acknowledge that the description of the project set forth above constitutes an adequate description of the property and improvements to which this Lien Waiver Release pertains. It is further acknowledged that this Lien Waiver Release is for the benefit of and may be relied upon by the OWNER, the lender, if any, and Surety on any labor and material bonds for the project. DocuSign Envelope ID: 67EF3EA8-2F68-4EB7-B3AC-1A0D4E9181E5 Official Purchasing Document Last updated 10/2017 Services Agreement - Work Order Type 8820 Directional Boring & Trenching Page 28 of 114 Signed this ______ day of __________, ___. CONTRACTOR: Sage Telecommunications Corp. of Colorado, LLC By: ___________________________________________ ___________________________________________ Name, Title ATTEST: _____________________________ Secretary STATE OF COLORADO ) )ss. COUNTY OF LARIMER ) Subscribed and sworn to before me this _________ day of __________, _____, by ________________________________________________________________. Witness my hand and official seal. My Commission Expires: ___________________________. _________________________ Notary Public DocuSign Envelope ID: 67EF3EA8-2F68-4EB7-B3AC-1A0D4E9181E5 Official Purchasing Document Last updated 10/2017 Services Agreement - Work Order Type 8820 Directional Boring & Trenching Page 29 of 114 SECTION 00650 LIEN WAIVER RELEASE (SUBCONTRACTOR) TO: City of Fort Collins, Colorado (OWNER) FROM: Sage Telecommunications Corp. of Colorado, LLC (CONTRACTOR) WORK ORDER TITLE: WORK ORDER NUMBER: 1. The Subcontractor acknowledges having received payment from the CONTRACTOR for all work, labor, skill and material furnished, delivered and performed by the Subcontractor for the CONTRACTOR or for anyone in the construction, design, improvement, alteration, addition or repair of the above described project. 2. In consideration of such payment and other good and valuable consideration, the receipt and adequacy of which are hereby acknowledged, the Subcontractor voluntarily waives all rights, claims and liens, including but not limited to, mechanic's liens, Miller Act claims (40 U.S.C.A. 270 a and b), stop notices, equitable liens and labor and material bond rights which the Subcontractor may now or may afterward have, claim or assert for all and any work, labor, skill or materials furnished, delivered or performed for the construction, design, improvement, alteration, addition or repair of the above described project, against the CONTRACTOR or its officers, agents, employees or assigns, against the project or against all land and the buildings on and appurtenances to the land improved by the project. 3. The Subcontractor affirms that all work, labor and materials, furnished, delivered or performed to or for the construction, design, improvement, alteration, addition or repair of the project were furnished, delivered or performed by the Subcontractor or its agents, employees, and servants, or by and through the Subcontractor by various sub- subcontractors or materialmen or their agents, employees and servants, and further affirms the same have been paid in full and have released in full any and all existing or possible future mechanic's liens or rights or claims against the project or against the CONTRACTOR or its officers, agents, employees or assigns arising out of the project. 4. The Subcontractor agrees to defend and hold harmless the CONTRACTOR, the lender, if any, and the Surety on the project against and from any claim hereinafter made by the Subcontractor's sub-subcontractors, materialmen, employees, servants, agents or assigns against the project or against the CONTRACTOR or OWNER, lender or Surety or their officers, employees, agents or assigns arising out of the project for all loss, damage and costs, including reasonable attorneys fees, incurred as a result of such claims. 5. The parties acknowledge that the description of the project set forth above constitutes an adequate description of the property and improvements to which this Lien Waiver Release pertains. It is further acknowledged that this Lien Waiver Release is for the benefit of and may be relied upon by the CONTRACTOR, OWNER, the lender, if any, and Surety on any labor and material bonds for the project. DocuSign Envelope ID: 67EF3EA8-2F68-4EB7-B3AC-1A0D4E9181E5 Official Purchasing Document Last updated 10/2017 Services Agreement - Work Order Type 8820 Directional Boring & Trenching Page 30 of 114 Signed this ______ day of _________, ___. SUBCONTRACTOR: By: ___________________________________________ ___________________________________________ Name, Title ATTEST: _____________________________ Secretary STATE OF COLORADO ) )ss. COUNTY OF LARIMER ) Subscribed and sworn to before me this _________ day of __________, _____, by __________________________________________________________________. Witness my hand and official seal. My Commission Expires: ___________________________. __________________________________ Notary Public DocuSign Envelope ID: 67EF3EA8-2F68-4EB7-B3AC-1A0D4E9181E5 Official Purchasing Document Last updated 10/2017 Services Agreement - Work Order Type 8820 Directional Boring & Trenching Page 31 of 114 SECTION 00660 CONSENT OF SURETY TO: City of Fort Collins, Colorado (hereinafter referred to as the "OWNER") CONTRACTOR: Sage Telecommunications Corp. of Colorado, LLC TITLE: WORK ORDER NUMBER: WORK ORDER DATE: In accordance with the provisions of the Work Order and Master Agreement between the OWNER and the CONTRACTOR as indicated above, for the Work Order titled Work Order Project Title on bond of , (Surety) _______________________________________ hereby approves of the Final Payment to the CONTRACTOR, and agrees that Final Payment to the CONTRACTOR shall not relieve the Surety Company of any of its obligations to the OWNER, as set forth in the said Surety Company's Bond. IN WITNESS WHEREOF, the Surety Company has hereunto set its hand this _________ day of _________ _, _____. ____________________________________________ (Surety Company) By: ________________________________________ (Name) Attorney-in-Fact ATTACH: Power of Attorney and Certificate of Authority of Attorney(s)-in-Fact. DocuSign Envelope ID: 67EF3EA8-2F68-4EB7-B3AC-1A0D4E9181E5 Official Purchasing Document Last updated 10/2017 Services Agreement - Work Order Type 8820 Directional Boring & Trenching Page 32 of 114 DocuSign Envelope ID: 67EF3EA8-2F68-4EB7-B3AC-1A0D4E9181E5 Official Purchasing Document Last updated 10/2017 Services Agreement - Work Order Type 8820 Directional Boring & Trenching Page 33 of 114 DocuSign Envelope ID: 67EF3EA8-2F68-4EB7-B3AC-1A0D4E9181E5 Official Purchasing Document Last updated 10/2017 Services Agreement - Work Order Type 8820 Directional Boring & Trenching Page 34 of 114 SECTION 00800 SUPPLEMENTARY CONDITIONS These Supplementary Conditions amend or supplement the General Conditions of the Construction Contract (EJCDC General Conditions 1910-8, 1990 edition, with City of Fort Collins Modifications, Rev. 9/94) and other provisions of the Work Order Documents as indicated below. SC-1 DEFINITIONS SC-1.38. Add the following language to the conclusion of paragraph 1.38 of the General Conditions: 1.38. Substantial Completion. .... Substantial Completion is further defined as that degree of completion of the operating facilities or systems of the Project defined in the Work Order sufficient to provide the OWNER the full time, uninterrupted, continuous, beneficial operation of the modifications, and all inspections required have been completed and identified conditions corrected. SC-1.43.A. Add the following new paragraph immediately after paragraph 1.43 of the General Conditions: 1.43.A. Work Order--A written document executed by OWNER and CONTRACTOR that provides for the construction of the Work, or a portion of the Work pursuant to the Master Agreement and all as required by the Work Order Documents, and that becomes a Work Order Document when executed. SC-2 PRELIMINARY MATTERS SC-2.8. Delete paragraph 2.8 of the General Conditions entirely and replace it with the following paragraph: 2.8. Preconstruction Conference. Within ten days after the Work Order Times for a Work Order start to run, but before any Work at the site is started, a conference attended by CONTRACTOR, ENGINEER and others as appropriate will be held to establish a working relationship among the parties as to the Work and to discuss the schedules referred to in paragraph 2.6, procedures for handling Shop Drawings and other submittals, processing Applications for Payment, and maintaining required records. SC-2.10. Add the following new paragraph immediately after paragraph 2.9 of the General Conditions: 2.10. Work Order Required for All Work. References to the Master Agreement in this Article 2 and in the General and Supplementary Conditions and Work Order Documents notwithstanding, no Work shall be initiated or performed until CONTRACTOR has received a signed and executed Work Order, and the Notice to Proceed, from OWNER; and no provision of this Article 2 or of the General and Supplementary Conditions and Work Order Documents shall permit or require any action of CONTRACTOR in the absence of a signed and executed Work Order. All provisions of this Article 2 and of the General and Supplementary Conditions and Work DocuSign Envelope ID: 67EF3EA8-2F68-4EB7-B3AC-1A0D4E9181E5 Official Purchasing Document Last updated 10/2017 Services Agreement - Work Order Type 8820 Directional Boring & Trenching Page 35 of 114 Order Documents referencing the Master Agreement or other parts of the Work Order Documents, or permitting or requiring any action of CONTRACTOR, shall be read as referencing and, as appropriate, requiring a signed and executed Work Order. SC-4 AVAILABILITY OF LANDS; SUBSURFACE AND PHYSICAL CONDITIONS; REFERENCE POINTS SC-4.2.1.2. Add the following new paragraph immediately following paragraph 4.2.1.2 of the General Conditions: 4.2.1.2.1. No drawing of physical conditions in or relating to existing surface or subsurface structures (except Underground Facilities referred to in paragraph 4.3) which are at or contiguous to the site have been utilized by the Engineer in preparation of the Work Order Documents, except the following: SC-5 BONDS AND INSURANCE SC-5.4.7. Include the following parties or entities as additional insureds, as provided in paragraph 5.4.7 of the General Conditions: 5.4.7.1. City of Fort Collins, Colorado, PO Box 580, Fort Collins, CO 80522. 5.4.7.2. list all entities to be included as named additional insureds SC-5.4.8.1. Add the following new paragraph immediately following paragraph 5.4.8 of the General Conditions: 6.4.8.1. Limits of Liability. The limits of liability for the insurance required by the paragraph numbers of the General Conditions listed below are as follows: For Paragraphs 5.02.A.1 and 5.02.A.2: Coverage A - Statutory Limits; Coverage B - $100,000 / $100,000 / $500,000. For Paragraphs 5.02.A.3 and 5.02.A.5: The Commercial General Liability policy will have limits of $1,000,000 combined single limits (CSL). This policy will include coverage for Explosion, Collapse, and Underground coverage unless waived by the Owner. For Paragraph 5.02.A.6: The Comprehensive Automobile Liability Insurance policy will have limits of $1,000,000 combined single limits (CSL). For Paragraph 5.02.B.3: This policy will include completed operations coverage / product liability coverage with limits of $1,000,000 combined single limits (CSL). This policy shall also include an Umbrella Excess Liability as follows: General liability and automobile liability insurance in an amount not less than $1,000,000 per occurrence in excess of the above stated primary limits. DocuSign Envelope ID: 67EF3EA8-2F68-4EB7-B3AC-1A0D4E9181E5 Official Purchasing Document Last updated 10/2017 Services Agreement - Work Order Type 8820 Directional Boring & Trenching Page 36 of 114 SC-6 CONTRACTOR’S RESPONSIBILITIES SC-6.14.3. Add the following new paragraph immediately after paragraph 6.14.2 of the General Conditions: 6.14.3. The following Laws or Regulations are included in the Work Order Documents as mandated by statute or for the convenience of the CONTRACTOR. Other Laws and Regulations apply which are not included herein, and are within the CONTRACTOR's duty and responsibility for compliance thereto: 6.14.3.1. Notice to owners of Underground Facilities is required prior to excavations in the vicinity of such facilities. 6.14.3.2. Unless otherwise decided by reason of the amount of the Work Order Price involved, or other good reason, before or at the time that the contract is awarded to a corporation outside the State of Colorado, such corporation must carry out the proper procedure to become authorized to do business in the State of Colorado, designate a place of business therein, and appoint an agent for service of process. Such corporation must furnish the OWNER with a certificate from the Secretary of State of Colorado has been issued by its office and there shall also be procured from the Colorado Secretary of State or certified copy of the designated of place of business and appointment of agent for service of process, or a letter from the Colorado Secretary of State that such designation of place of business and agent for service of process have been made. 6.14.3.3. The CONTRACTOR must conform to the rules and regulations of the Industrial Commission of Colorado. Particular reference is made to rules and regulations governing excavation Work adopted by the Industrial Commission of Colorado. SC-11 CHANGE OF CONTRACT PRICE SC-11.6.2.7. Add the following new paragraph to paragraph 11.6.2 of the General Conditions: 11.6.2.7. Cost of the Work. Allowances for profit, overhead and mark-up prescribed by the Master Agreement shall be used in lieu of any CONTRACTOR'S fee, overhead, profit or mark-up allowances as prescribed in paragraphs 11.6.2.1, 11.6.2.2, and 11.6.2.3. SC-12 CHANGE OF CONTRACT TIMES SC-12.3. Add the following language to the end of paragraph 12.3 of the General Conditions: 12.3. .... Lost days due to abnormal weather conditions will be allocated as required. SC-14 PAYMENTS TO CONTRACTOR AND COMPLETION SC-14.1. Add the following language to the end of paragraph 14.1 of the General Conditions: DocuSign Envelope ID: 67EF3EA8-2F68-4EB7-B3AC-1A0D4E9181E5 Official Purchasing Document Last updated 10/2017 Services Agreement - Work Order Type 8820 Directional Boring & Trenching Page 37 of 114 14.1. Schedule of Values. .... Progress payments on the fixed fee shall be in proportion to the cumulative actual Cost of the Work as a percentage of the Allowable Cost of the Work. An amount not to exceed fifteen (15%) percent of the fixed fee shall be advanced to the Contractor for mobilization in the first progress payment. DocuSign Envelope ID: 67EF3EA8-2F68-4EB7-B3AC-1A0D4E9181E5 Official Purchasing Document Last updated 10/2017 Services Agreement - Work Order Type 8820 Directional Boring & Trenching Page 38 of 114 SECTION 00900 ADDENDA, MODIFICATIONS AND PAYMENT 00950 Change Order 00960 Application for Payment DocuSign Envelope ID: 67EF3EA8-2F68-4EB7-B3AC-1A0D4E9181E5 Official Purchasing Document Last updated 10/2017 Services Agreement - Work Order Type 8820 Directional Boring & Trenching Page 39 of 114 SECTION 00950 CHANGE ORDER NO. PROJECT TITLE: CONTRACTOR: Sage Telecommunications Corp. of Colorado, LLC WORK ORDER NUMBER: PO NUMBER: DESCRIPTION: 1. Reason for Change: Why is the change required? 2. Description of Change: Provide description of the changes to the Work 3. Change in Work Order Price: 4. Change in Work Order Time: ORIGINAL WORK ORDER PRICE $ .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 WORK ORDER % ADJUSTED WORK ORDER COST $ .00 CONTRACTOR: Sage Telecommunications Corp. of Colorado, LLC By: Date: Name: Title: ACCEPTED: Date: City PM Name, Title REVIEWED: Date: Name, Buyer or Senior Buyer ACCEPTED: Date: Name, Title ACCEPTED: Date: Gerry Paul, Purchasing Director (if greater than $60,000) DocuSign Envelope ID: 67EF3EA8-2F68-4EB7-B3AC-1A0D4E9181E5 Services Agreement - Work Order Type 8820 Directional Boring & Trenching Page 40 of 114 SECTION 00960 APPLICATION FOR PAYMENT PROJECT Page 1 of 1 OWNER: ENGINEERS: ADDRESS: NUMBER DATE AMOUNT $ - $ - $ - NUMBER DATE AMOUNT FUND OBJECT Amount Due this Pay Application (before retainage): $ - $ - 0.00% Payment of the above Amount Due This Application has been reviewed by the OWNER'S Project Manager. BY: DATE: DATE: NAME & TITLE: BY: DATE: NAME & TITLE: Official Purchasing Form Last updated 10/2017 Net Change by Change Order: Change order %: Original Contract Amount Net Change by Change Order Revised Current Contract Amount Total Work Completed to Date: Total Stored to Date: CHANGE ORDERS PAY APPLICATION Application is made for Payment as shown below in connection with the Contract. The present status of the account for this Contract is as follows: CONTRACTOR: $ - $ - RETAINAGE $ -NumbersCharge $ - $ - Less Previous Payments: Total Completed and Stored Materials to Date: Less Retainage $ - $ - $ - AMOUNT DUE THIS APPLICATION: $ - The above Amount Due this Application is requested by the CONTRACTOR's Project Manager. BY: PO NUMBER ADDRESS: ADDRESS: APPLICATION NUMBER APPLICATION DATE PERIOD BEGINNING PERIOD ENDING PROJECT NUMBER Retainage to Date: NAME & TITLE: Total (after retainage): Payment of the above Amount Due This Application is approved by the OWNER. Services Agreement - Work Order Type 8820 Directional Boring & Trenching Page 41 of 114 Unit Price Total Quanitity Total Quantity Total Quantity Total 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 $ - $ - $ - $ - $ - 0.00% $ - $ - $ - $ - $ - 0.00% Official Purchasing Form Last Updated 10/2017 Total to Date Less Retention Change Orders to Date (see attached) $ - $ - CONTRACT SUMMARY Total Due Adjusted Contract Amount $ - Total Change Order Work to Date (see attached) Value of Work in Place Percent Complete Including Stored Materials Less Retention @ 10% up to 50% complete, 5% beyond 50% of Adjusted Contract Crosscheck Total Completed to Date Total Materials Remaining @ Site $ - $ - $ - Original Contract Amount Less Previous Billings $ - $ - $ - $ - Official Purchasing Document Last updated 10/2017 Services Agreement - Work Order Type 8820 Directional Boring & Trenching Page 42 of 114 ATTACHMENT A DRAWING INDEX WORK ORDER # WORK ORDER TITLE BY: Company Name who last revised the drawings Sheet Title Drawing Revision Date DocuSign Envelope ID: 67EF3EA8-2F68-4EB7-B3AC-1A0D4E9181E5 Official Purchasing Document Last updated 10/2017 Services Agreement - Work Order Type 8820 Directional Boring & Trenching Page 43 of 114 EXHIBIT C CHANGE ORDER NO. PROJECT TITLE: SERVICE PROVIDER: Sage Telecommunications Corp. of Colorado, LLC WORK ORDER NUMBER: PO NUMBER: DESCRIPTION: 1. Reason for Change: Why is the change required? 2. Description of Change: Provide details of the changes to the Work 3. Change in Work Order Price: 4. Change in Work Order Time: ORIGINAL WORK ORDER PRICE $ .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 WORK ORDER % ADJUSTED WORK ORDER COST $ .00 SERVICE PROVIDER: Sage Telecommunications Corp. of Colorado, LLC By: Date: Name: Title: ACCEPTANCE: Date: Name, Project Manager REVIEWED: Date: Name, Buyer or Senior Buyer ACCEPTANCE: Date: Name, Title ACCEPTANCE: Date: Gerry Paul, Purchasing Director (if greater than $60,000) DocuSign Envelope ID: 67EF3EA8-2F68-4EB7-B3AC-1A0D4E9181E5 Official Purchasing Document Last updated 10/2017 Services Agreement - Work Order Type 8820 Directional Boring & Trenching Page 44 of 114 EXHIBIT D GENERAL SCOPE OF SERVICES A. PURPOSE The primary duty of the awarded Contractors will include but is not limited 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. 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 and fiber 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 times non-energized cables for services to customers. This likely will include directional boring as well as trenching. The Contractor(s) are 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, and to install L&P’s equipment. C. TRAFFIC OPERATIONS BACKGROUND The scope of work for Traffic Operations will vary from potholes and vacuum excavation to directional boring and trenching. Construction activities specific to Traffic Operations work may include: 1. Directional boring and/or trenching to install conduit. 2. Potholing to locate underground utilities or verify clear zones for traffic signal caisson installation. 3. Vacuum excavation of traffic signal caissons. 4. Dewatering caissons. D. BROADBAND OPERATIONS BACKGROUND Any award from RFP 8820 will not encompass the initial installation of Broadband. The initial installation of Broadband has been awarded under a separate RFP titled 8696 Design, DocuSign Envelope ID: 67EF3EA8-2F68-4EB7-B3AC-1A0D4E9181E5 Official Purchasing Document Last updated 10/2017 Services Agreement - Work Order Type 8820 Directional Boring & Trenching Page 45 of 114 Engineering and Construction Services for a Fiber-to-the-Premises (FTTP) Broadband Network. If Broadband bore work is requested from the Contractors awarded under RFP 8820, it will be in areas not covered by RFP 8696. Typical broadband infrastructure that may be requested will be 2” and 1 ¼” rolled duct and various flush mount vaults. E. Additional City departments may utilize this contract occasionally. I. SCOPE OF PROPOSAL A. Description of Work When a need is identified, the City Project Manager (PM) will contact a Contractor to discuss the scope of the pending Work Order, perhaps meeting onsite. The Project Manager will draw up the Work Order with mapping for the work. 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 quote for the work, itemized based on the unit costs in the agreement, but with a not to exceed cost. Should the work change from the scope of work stated in the Work Order, a Change Order is required prior to initiating any new work. The Change Order procedure is discussed in a later section of this RFP. 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. 1. Project Management duties performed by the Contractor: The Contractor, as prime contractor, will be responsible for providing professional project management of the entire project, which includes managing the cost, schedule, quality, and scope. The Contractor’s Project Manager (PM) should be assigned to the City of Fort Collins and will be responsible to inform the City in a timely manner when challenges impacting any of these items arise, in order for the City to make timely, informed decisions throughout the Project. The Contractor shall be responsible for reporting and status management including but not limited to the following: a. The Contractor shall submit an overall timetable of the schedule for the Project to the City. The schedule shall portray fully a timetable representing the various elements in the schedule and shall provide for the expeditious and practicable execution of the Project. This schedule shall be revised from time to time during the Project to reflect actual work progress. b. The Contractor shall conduct progress meetings, prepare daily and weekly site and production reports, and shall supervise and direct the work to complete the Project c. Project Plan - developed and maintained in Microsoft Project d. Communications Plan e. Weekly Project Team Meeting Agendas and Minutes f. Risk Management log and tracking g. Issue Management log and tracking h. Document Tracking i. Responsibility for completing change orders in a timely manner 2. Construction activities include: DocuSign Envelope ID: 67EF3EA8-2F68-4EB7-B3AC-1A0D4E9181E5 Official Purchasing Document Last updated 10/2017 Services Agreement - Work Order Type 8820 Directional Boring & Trenching Page 46 of 114 a. Identifying and avoiding all existing utilities and will comply with Utility Notification Center of Colorado 811 requirements b. Perform directional boring and installation of conduit and/or inner duct to a depth of 30-48 inches. Roadway depths are 36-48 inches. Other depths are possible due to circumstances but must be approved in advance by the City Project Manager. Contractor will be required to adhere to specifications provided by each department concerning depth of conduits or other facilities c. Clearances are expected to be 10’ from water and/or sewer when parallel, 18” separation when crossing water/sewer and 3’ from all other utilities when parallel, 18” separation when crossing. If these clearances aren’t able to be adhered to, Contractor shall discuss with Project Manager d. Install conduit and/or inner duct in trenches, raceways, vaults, and building entrances e. Light and Power requires written consent from the Project Manager and Line Crew Chief any time the top of the facility being installed is less than 30” or greater than 72” or varies from a bore profile provided by Light and Power f. Remove “mud” from bore areas as needed g. Open trench in dirt h. Open trench in landscaped area i. Open trench in street, parking lot, or other areas paved with concrete, asphalt, roadbase or other materials j. Backfill with spoils from the trench, using non-shrink material or slurry, per the City PM k. Compaction shall be completed thoroughly using a power tamper in lifts of not more than 6 inches as it is being placed unless otherwise directed in writing by the City of Fort Collins l. All holes and trenches shall be protected at the Contractor’s expense from accidental entry by vehicles and pedestrians through the use of steel plates or other approved materials. Should the Contractor fail to provide adequate protection to the surroundings of a work site, or should the operations be carried out in such a way as to allow or cause damage to any roadway, street, sidewalk, the property of any utility, or other private or public property, work may be stopped until deficiencies are corrected. Should the repair not be undertaken and should it be necessary for the City of Fort Collins to protect the area and/or make the repair, the cost shall be deducted from payment due the Contractor m. All excavation work shall take into account schedules and the impact related to obtaining necessary de-watering permits per Colorado law n. At the discretion of the City of Fort Collins, sod shall be removed either by the use of an approved sod cutter and then replaced, or topsoil and seed shall be placed. Care shall be taken to minimize the disturbance, and the area shall be fully restored to the previous condition o. All concrete work shall be performed and tested in accordance with applicable City of Fort Collins Specifications. Concrete shall be finished to match any adjacent concrete. If no match is required, the surface area shall be broom finished and edged p. Install handholes, vaults, splice boxes, building risers, and associated equipment q. Install electrical cables in trenches, vaults, raceways, and other areas. r. Core drill concrete slab (typical patio thickness) next to house meter locations s. Coordinate with L&P customers and citizens, utility locators, permit administrators, job inspectors, L&P subcontractors, and others as required t. **Provide traffic control DocuSign Envelope ID: 67EF3EA8-2F68-4EB7-B3AC-1A0D4E9181E5 Official Purchasing Document Last updated 10/2017 Services Agreement - Work Order Type 8820 Directional Boring & Trenching Page 47 of 114 u. **Saw-cut and remove concrete and/or asphalt v. **Replace concrete, asphalt, roadbase, dirt and other material to same quality or better w. **Restore landscaping, irrigation and other disturbed areas to same condition or better x. 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(s) shall, however, provide pricing in their proposal to the City of Fort Collins. 3. Project Procedure: a. The PM provides a map indicating the project area information specific to that area as required. b. The PM and the Contractor’s Representative jointly review the project area and clarify any remaining details. c. The Contractor’s Representative will complete a quote, within five (5) days for the project area indicating work units and any items specific to the work area. The price for completing the project area is calculated using unit prices established by the Agreement, along with any specific adjustments mutually agreed by the parties. d. 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. e. The PM and the Contractor’s Representative review and approve the completed Work Order for the area. The completed Work Order must have the specific dollar amounts and stated completion dates as agreed to by both parties. f. When the Work Order is completed, fully executed with insurance and bonds submitted as required, the City PM creates a requisition. The requisition is then converted to a Purchase Order. Once the Purchase Order is sent to the Contractor, the work may begin. g. Work is then completed by the Contractor, in accordance with the specific requirements as stated in the Work Order, 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. h. 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. The PM, Contractor’s Representative and Purchasing representative will negotiate, approve and sign the Change Order form prior to initiation of the additional work. i. 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. j. Upon mutual agreement between the PM and the Contractor’s Representative that work is complete and satisfactory, the Contractor prepares and submits an invoice to invoices@fcgov.com with a copy to the PM for the amount agreed to on the Work Order. The City then initiates processing the payment request. If the project is longer than thirty (30) days, the Contractor may request monthly DocuSign Envelope ID: 67EF3EA8-2F68-4EB7-B3AC-1A0D4E9181E5 Official Purchasing Document Last updated 10/2017 Services Agreement - Work Order Type 8820 Directional Boring & Trenching Page 48 of 114 payments for work satisfactorily completed and verified by the PM by submitting an invoice. B. Waste All 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 the construction waste. Waste disposal cost shall be included in the per unit pricing. C. Traffic Control Awarded Contractor(s) may be required to provide traffic control for projects. Contractor(s) will itemize traffic control on each scope of work based on the pricing established by the Agreement. Contractor(s) shall provide all equipment necessary to protect the safety and well-being of employees, motorists and all others who come in contact with construction areas. Such precautions include, but are not limited to, crash cushions, flashing arrow boards, lighted barricades, steel plates, and concrete barriers. Existing public streets or highways shall be kept open to traffic at all times by Contractor(s) unless permission to close these streets, or portions thereof, is granted by the City of Fort Collins, Larimer County and/or CDOT. In addition, the City of Fort Collins Traffic Department must be contacted by the Contractor per permit requirements if any streets are closed or partially closed, unless approved by the City of Fort Collins Traffic Department to implement emergency repairs. The City of Fort Collins’s PM may request that the Contractor(s) make additional notifications to property owners. Traffic control devices shall be installed at the inception of construction operations, and shall be properly maintained, relocated as necessary, cleaned, and operated during the time they are in use. They shall remain in place only as long as they are needed and shall be immediately removed thereafter. Where operations are performed in stages, only those devices that apply to the conditions present shall be left in place. During periods when not warranted, warning signs and other devices shall be removed from the work area, covered with specified material, or otherwise positioned so that they do not convey their message to the traveling public. Covering material shall be maintained in a neat manner during its use. Contractor(s) shall continuously review and maintain all traffic control measures to assure that adequate provisions have been made for the safety of the public and workers. D. Project Contact Contractor(s) 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, prepare quotes, construction details, making contact with customers, settling disputes, site inspections, work acceptance, change orders, and other issues. E. 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(s) in this DocuSign Envelope ID: 67EF3EA8-2F68-4EB7-B3AC-1A0D4E9181E5 Official Purchasing Document Last updated 10/2017 Services Agreement - Work Order Type 8820 Directional Boring & Trenching Page 49 of 114 capacity, with the Contractor(s) taking the lead with the property owners/customers. The Contractor(s) 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(s) 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(s) 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 damaged during the course of the Work Order will be the responsibility of the Contractor(s) to repair. F. 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. If liquidated damages are necessary, the PM and Contractor will negotiate and agree to the amount which is then documented in the Work Order for that specific project. G. 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 Contractor to immediately remove from this assignment any employee the City identifies to be 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. All City owned or operated facilities and their grounds are non-smoking sites. All City parks, trails and natural areas are also non-smoking. Agents and employees of Contractor(s) working for the City shall present a clean and neat appearance. Prior to performing any work for the City, Contractor(s) shall require each of their employees to wear ID badges or uniforms identifying: Contractor 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. DocuSign Envelope ID: 67EF3EA8-2F68-4EB7-B3AC-1A0D4E9181E5 Official Purchasing Document Last updated 10/2017 Services Agreement - Work Order Type 8820 Directional Boring & Trenching Page 50 of 114 H. Use of Subcontractors Contractors will be responsible for identifying any subcontractors in their proposal. Please note that the City will contract solely with the awarded Contractor; therefor subcontractors will be the responsibility of the Contractor. If subcontractors are used in individual work orders, Contractors shall document the subcontractors in each work order quote. I. Work Standards The awarded Contractor(s) shall comply with the National Electrical Code (NEC), the National Electric Safety Code (NESC), and applicable industry standards, the most recent revision of the Americans with Disabilities Act of 1990 (“ADA”) Standards for Accessible Design, separate from and in addition to compliance with applicable building codes, as well as any and all other applicable Federal, State and local laws and regulations, including Federal Occupational Safety and Health Administration (OSHA) regulations. Contractor(s) are retained by the City of Fort Collins based on Contractor’s expertise and experience in the type of work that is the subject of this Contract. Contractor(s) represent and warrant that Contractor is familiar with the aforementioned Codes. Construction methods and techniques used by the Contractor(s) shall be in accordance with the recommended practices and procedures published by leading industry manufacturers and trade associations. The Contractor(s) shall also follow all applicable City of Fort Collins and State of Colorado Department of Transportation Standard Specifications and Construction Details, as applicable. The Contractor(s) shall be aware of all standards and their application. Ignorance or lack of knowledge shall not be an excuse for improper work to occur. Any work constructed in violation of any applicable code shall be corrected and re-installed properly at the Contractor’s expense. J. Accident Reporting Any accident resulting in damage to property or causing personal injury within the limits of a work site shall be immediately reported to the appropriate police agency, other required agencies, Project Manager and the City of Fort Collins Risk Management Department. The Contractor shall immediately contact the Utility Operator/Owner and the City of Fort Collins when damage to an underground facility is identified. If a natural or propane gas line is damaged, the Contractor must call 911 prior to notifying the Utility Operator. The Contractor shall not backfill around the underground utility line until the Utility Operator has repaired the damage and has given clearance to backfill. The City of Fort Collins will not pay the Contractor for labor, vehicles, material, or equipment or any other cost associated with the repair to any at-fault damage. Failure to comply may result in a verbal warning, suspension of the crew, loss of work, and/or termination of the Agreement. K. Safety Practices, Safety Documentation and Training Contractor(s) shall comply with all engineering, safety, and operating requirements concerning: installation of equipment in, on or around utility facilities; obtaining access DocuSign Envelope ID: 67EF3EA8-2F68-4EB7-B3AC-1A0D4E9181E5 Official Purchasing Document Last updated 10/2017 Services Agreement - Work Order Type 8820 Directional Boring & Trenching Page 51 of 114 facilities; and adhering to operating rules and requirements involving safe contact with utility equipment and water, gas and power lines, and confined spaces. Contractor(s) shall adopt Utility's minimum safety standards as the baseline requirements. L. Unsatisfactory Operations Should it be necessary to halt the work because of incorrect or unsatisfactory operations under the terms of the awarded contract or because of failure to follow safety standards applicable hereto, the Contractor must take immediate steps to remedy the deficiencies. Should repair or correction of any safety defect or deficiency not be immediately undertaken and should the City of Fort Collins be required to protect the site or make the repair or correction, the cost of such work shall be deducted from payment due the Contractor. M. Fees, Licenses, Permits The successful Contractor(s) shall be responsible for obtaining any necessary licenses, fees or permits without additional expense to the City. All equipment shall be properly licensed and insured, carry the appropriate permits and be placarded as required by law. N. Pricing Specifications Pricing shall remain valid during the term of the Agreement for the same services and materials required for the expansion or modification of the particular project scope or design. Proposed pricing for each unit shall reflect the entirety of cost due to the Contractor for the scope of work defined by this document, inclusive of materials, shipping, labor, benefits, profit, overhead, permitting, and any other direct and/or indirect costs. Pricing shall include all mobilization, site preparation, work area protection, site restoration, and traffic control necessary to perform the task safely and according to all applicable specifications referenced in this document. Unless otherwise specified, the basis of pricing and payment for lineal foot-based units shall be network route distance, not material length (conduit, innerduct, etc.). The City of Fort Collins shall not be invoiced for costs associated with scrap or waste materials. Contractors are to review the project specifications carefully to determine if any miscellaneous materials not specified will be necessary to perform the defined project scope, and to include all necessary materials in the proposal. On most projects, the City of Fort Collins provides materials to the Contractor for installation. If Contractor is to store and issue material from their facility, the material shall be new and unused when it is installed at the project site and shall be per the City specification. All pricing shall be “open book” and at the City’s request the Contractor shall provide cost or pricing data including but not limited to subcontractor quotes, material quotes, invoices, labor, equipment usage, etc. During the construction phase of any projects over $100,000, the City will retain 5% of the contract cost and will require performance and payment bonds. DocuSign Envelope ID: 67EF3EA8-2F68-4EB7-B3AC-1A0D4E9181E5 Official Purchasing Document Last updated 10/2017 Services Agreement - Work Order Type 8820 Directional Boring & Trenching Page 52 of 114 O. Work Orders In the event that the City has agreements with multiple Contractors for the work, the City reserves the right to choose which Contractor to contact regarding the projects, unless order of preference has been established during the contracting process. Individual work assignments will be requested and agreed to utilizing the City’s standard Work Order (included in the Agreement). Each Work Order form must include a start and completion date, total cost and a general summary of work. Subsequent supporting documentation pages may include a project schedule, deliverables, hours, cost detail supporting total cost, and personnel details. Fees outlined in the Work Order will conform with those incorporated into the Agreement. No Work Order over $5,000 will be considered valid until signed, at a minimum, by the Contractor’s Authorized Representative, City Project Manager and Purchasing Department representative. Depending on the cost and nature of the work, additional signature authorization may be required. Any changes to the dates, cost or scope of any Work Order must be agreed upon in writing utilizing the City’s Change Order (included in the agreement) and will not be considered valid until signed, at a minimum, by the Contractor, Project Manager and Purchasing Department representative. A purchase order confirmation will also be sent to the Service Provider. P. Invoicing and Payment Invoices should be emailed at the completion of each Work Order or monthly to invoices@fcgov.com. The cost of the work completed shall be paid to the Contractor following the submittal of a correct invoice by the Contractor indicating the project name, task description, hours worked, personnel/work type category, hourly rate for each employee/work type category, date of the work performed specific to the task, percentage of that work that has been completed by task, 3rd party supporting documentation with the same detail and a brief progress report. It is strongly suggested that invoices are submitted every thirty (30) days. Payments will be made using the prices stated on the agreed-to Price Schedule incorporated into the Agreement. In the event a service is requested which is not stated on the Price Schedule, the Contractor and the City will negotiate an appropriate unit price for the service prior to Contractor initiating such work. The City pays invoices on Net 30 terms. DocuSign Envelope ID: 67EF3EA8-2F68-4EB7-B3AC-1A0D4E9181E5 Official Purchasing Document Last updated 10/2017 Services Agreement - Work Order Type 8820 Directional Boring & Trenching Page 53 of 114 II. EXHIBIT A SPECIFICATIONS Item Number: 6535 1075 Description: Conduit, 2", SDR-15.5, Flexible red HDPE. Conduit shall be clearly marked at intervals of 5 feet or less with sequential footage, Manufacturer’s name or trademark, size and type of conduit, SDR and shall also include a lightning bolt symbol as defined in ANSI Z535.3, ANNEX C. Ship in 500' coils. Approved Manufacturers: Duraline, per description; Performance Pipe, per description. Item Number: 6541 1116 Description: Conduit, 4" X 20’ Overall length, schedule 40 PVC with water-tight locking ring joints for directional boring applications. Approved Manufacturers: Certainteed, 667237; Prime Conduit, BG440SP-020 Item Number: 6543 1150 Description: Conduit, 5” X 20’ overall length, Schedule 40 PVC with water-tight locking ring joints for directional boring applications. Approved Manufacturers: Certainteed, 667275; Prime Conduit, BG540SP Drilling Fluid (Drilling Mud): Of primary concern for directional drilling installations is the dissipation of heat (also known as the thermal conductivity), and the effect on cable current-carrying capacity (ampacity rating) resulting from the thermal properties and possible void formation in the drilling fluids used. Drilling fluids used for directional drilling shall be bentonite-based fluids and shall be adequately compacted and applied to minimize voids around the installed conduits. For smaller jobs where the drilling fluid is not recycled and is used as the backfill around electric conduits, it shall have a thermal resistivity between 62 oC·cm/W (for fully saturated mixes) and 90 oC·cm/W (for unsaturated state at the time of deposition). For larger jobs where the drilling fluid is recycled, the space immediately surrounding the conduits (with or without a bore casing) shall be filled with a fluidized thermal backfill or slurry with similar thermal resistivity values to those previously mentioned for the drilling fluid to assure efficient heat transfer from the cables installed in the conduits. DocuSign Envelope ID: 67EF3EA8-2F68-4EB7-B3AC-1A0D4E9181E5 Official Purchasing Document Last updated 10/2017 Services Agreement - Work Order Type 8820 Directional Boring & Trenching Page 54 of 114 EXHIBIT E BID SCHEDULE/COMPENSATION DocuSign Envelope ID: 67EF3EA8-2F68-4EB7-B3AC-1A0D4E9181E5 Official Purchasing Document Last updated 10/2017 Services Agreement - Work Order Type 8820 Directional Boring & Trenching Page 55 of 114 DocuSign Envelope ID: 67EF3EA8-2F68-4EB7-B3AC-1A0D4E9181E5 Official Purchasing Document Last updated 10/2017 Services Agreement - Work Order Type 8820 Directional Boring & Trenching Page 56 of 114 DocuSign Envelope ID: 67EF3EA8-2F68-4EB7-B3AC-1A0D4E9181E5 Official Purchasing Document Last updated 10/2017 Services Agreement - Work Order Type 8820 Directional Boring & Trenching Page 57 of 114 DocuSign Envelope ID: 67EF3EA8-2F68-4EB7-B3AC-1A0D4E9181E5 Official Purchasing Document Last updated 10/2017 Services Agreement - Work Order Type 8820 Directional Boring & Trenching Page 58 of 114 Traffic Control Price List - 2019/2020 Traffic Control Supervisor - $50.00/Hour --- Night/Emergency - $65.00/Hour Flagger Service Charges - $25.00/Hour --- Night/Emergency - $30.00/Hour (Note: Sunday/Holidays are Double Time Normal Days Fees Per Hour) Traffic Control Plans (TCP)/Methods of Handling Traffic (MHT) 1 TCP – (1-2 MHT Pages – 30 Minutes of Work Time) - $75.00 (Includes Submitting & Tracking Traffic Permits) Equipment Charges: 36” Traffic Cones - $0.60 Each Class II Barricades - $2.50 Each Class III Barricades - $3.00 Each Electronic Arrowboard - $55.00 Each Large Traffic Control Signs - $3.00 Each DocuSign Envelope ID: 67EF3EA8-2F68-4EB7-B3AC-1A0D4E9181E5 Official Purchasing Document Last updated 10/2017 Services Agreement - Work Order Type 8820 Directional Boring & Trenching Page 59 of 114 EXHIBIT F 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 reduce coverage or limits and will not be cancelled, except after thirty (30) days written notice has been received by the City of Fort Collins.” In case of the breach of any provision of the Insurance Requirements, the City, at its option, may take out and maintain, at the expense of the 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 $1,000,000 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. DocuSign Envelope ID: 67EF3EA8-2F68-4EB7-B3AC-1A0D4E9181E5 Official Purchasing Document Last updated 10/2017 Services Agreement - Work Order Type 8820 Directional Boring & Trenching Page 60 of 114 EXHIBIT G 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. DocuSign Envelope ID: 67EF3EA8-2F68-4EB7-B3AC-1A0D4E9181E5 Official Purchasing Document Last updated 10/2017 Services Agreement - Work Order Type 8820 Directional Boring & Trenching Page 61 of 114 EXHIBIT H SECTION 00700 GENERAL CONDITIONS OF THE CONSTRUCTION CONTRACT DocuSign Envelope ID: 67EF3EA8-2F68-4EB7-B3AC-1A0D4E9181E5 Official Purchasing Document Last updated 10/2017 Services Agreement - Work Order Type 8820 Directional Boring & Trenching Page 62 of 114 DocuSign Envelope ID: 67EF3EA8-2F68-4EB7-B3AC-1A0D4E9181E5 Official Purchasing Document Last updated 10/2017 Services Agreement - Work Order Type 8820 Directional Boring & Trenching Page 63 of 114 DocuSign Envelope ID: 67EF3EA8-2F68-4EB7-B3AC-1A0D4E9181E5 Official Purchasing Document Last updated 10/2017 Services Agreement - Work Order Type 8820 Directional Boring & Trenching Page 64 of 114 DocuSign Envelope ID: 67EF3EA8-2F68-4EB7-B3AC-1A0D4E9181E5 Official Purchasing Document Last updated 10/2017 Services Agreement - Work Order Type 8820 Directional Boring & Trenching Page 65 of 114 DocuSign Envelope ID: 67EF3EA8-2F68-4EB7-B3AC-1A0D4E9181E5 Official Purchasing Document Last updated 10/2017 Services Agreement - Work Order Type 8820 Directional Boring & Trenching Page 66 of 114 DocuSign Envelope ID: 67EF3EA8-2F68-4EB7-B3AC-1A0D4E9181E5 Official Purchasing Document Last updated 10/2017 Services Agreement - Work Order Type 8820 Directional Boring & Trenching Page 67 of 114 DocuSign Envelope ID: 67EF3EA8-2F68-4EB7-B3AC-1A0D4E9181E5 Official Purchasing Document Last updated 10/2017 Services Agreement - Work Order Type 8820 Directional Boring & Trenching Page 68 of 114 DocuSign Envelope ID: 67EF3EA8-2F68-4EB7-B3AC-1A0D4E9181E5 Official Purchasing Document Last updated 10/2017 Services Agreement - Work Order Type 8820 Directional Boring & Trenching Page 69 of 114 DocuSign Envelope ID: 67EF3EA8-2F68-4EB7-B3AC-1A0D4E9181E5 Official Purchasing Document Last updated 10/2017 Services Agreement - Work Order Type 8820 Directional Boring & Trenching Page 70 of 114 DocuSign Envelope ID: 67EF3EA8-2F68-4EB7-B3AC-1A0D4E9181E5 Official Purchasing Document Last updated 10/2017 Services Agreement - Work Order Type 8820 Directional Boring & Trenching Page 71 of 114 DocuSign Envelope ID: 67EF3EA8-2F68-4EB7-B3AC-1A0D4E9181E5 Official Purchasing Document Last updated 10/2017 Services Agreement - Work Order Type 8820 Directional Boring & Trenching Page 72 of 114 DocuSign Envelope ID: 67EF3EA8-2F68-4EB7-B3AC-1A0D4E9181E5 Official Purchasing Document Last updated 10/2017 Services Agreement - Work Order Type 8820 Directional Boring & Trenching Page 73 of 114 DocuSign Envelope ID: 67EF3EA8-2F68-4EB7-B3AC-1A0D4E9181E5 Official Purchasing Document Last updated 10/2017 Services Agreement - Work Order Type 8820 Directional Boring & Trenching Page 74 of 114 DocuSign Envelope ID: 67EF3EA8-2F68-4EB7-B3AC-1A0D4E9181E5 Official Purchasing Document Last updated 10/2017 Services Agreement - Work Order Type 8820 Directional Boring & Trenching Page 75 of 114 DocuSign Envelope ID: 67EF3EA8-2F68-4EB7-B3AC-1A0D4E9181E5 Official Purchasing Document Last updated 10/2017 Services Agreement - Work Order Type 8820 Directional Boring & Trenching Page 76 of 114 DocuSign Envelope ID: 67EF3EA8-2F68-4EB7-B3AC-1A0D4E9181E5 Official Purchasing Document Last updated 10/2017 Services Agreement - Work Order Type 8820 Directional Boring & Trenching Page 77 of 114 DocuSign Envelope ID: 67EF3EA8-2F68-4EB7-B3AC-1A0D4E9181E5 Official Purchasing Document Last updated 10/2017 Services Agreement - Work Order Type 8820 Directional Boring & Trenching Page 78 of 114 DocuSign Envelope ID: 67EF3EA8-2F68-4EB7-B3AC-1A0D4E9181E5 Official Purchasing Document Last updated 10/2017 Services Agreement - Work Order Type 8820 Directional Boring & Trenching Page 79 of 114 DocuSign Envelope ID: 67EF3EA8-2F68-4EB7-B3AC-1A0D4E9181E5 Official Purchasing Document Last updated 10/2017 Services Agreement - Work Order Type 8820 Directional Boring & Trenching Page 80 of 114 DocuSign Envelope ID: 67EF3EA8-2F68-4EB7-B3AC-1A0D4E9181E5 Official Purchasing Document Last updated 10/2017 Services Agreement - Work Order Type 8820 Directional Boring & Trenching Page 81 of 114 DocuSign Envelope ID: 67EF3EA8-2F68-4EB7-B3AC-1A0D4E9181E5 Official Purchasing Document Last updated 10/2017 Services Agreement - Work Order Type 8820 Directional Boring & Trenching Page 82 of 114 DocuSign Envelope ID: 67EF3EA8-2F68-4EB7-B3AC-1A0D4E9181E5 Official Purchasing Document Last updated 10/2017 Services Agreement - Work Order Type 8820 Directional Boring & Trenching Page 83 of 114 DocuSign Envelope ID: 67EF3EA8-2F68-4EB7-B3AC-1A0D4E9181E5 Official Purchasing Document Last updated 10/2017 Services Agreement - Work Order Type 8820 Directional Boring & Trenching Page 84 of 114 DocuSign Envelope ID: 67EF3EA8-2F68-4EB7-B3AC-1A0D4E9181E5 Official Purchasing Document Last updated 10/2017 Services Agreement - Work Order Type 8820 Directional Boring & Trenching Page 85 of 114 DocuSign Envelope ID: 67EF3EA8-2F68-4EB7-B3AC-1A0D4E9181E5 Official Purchasing Document Last updated 10/2017 Services Agreement - Work Order Type 8820 Directional Boring & Trenching Page 86 of 114 DocuSign Envelope ID: 67EF3EA8-2F68-4EB7-B3AC-1A0D4E9181E5 Official Purchasing Document Last updated 10/2017 Services Agreement - Work Order Type 8820 Directional Boring & Trenching Page 87 of 114 DocuSign Envelope ID: 67EF3EA8-2F68-4EB7-B3AC-1A0D4E9181E5 Official Purchasing Document Last updated 10/2017 Services Agreement - Work Order Type 8820 Directional Boring & Trenching Page 88 of 114 DocuSign Envelope ID: 67EF3EA8-2F68-4EB7-B3AC-1A0D4E9181E5 Official Purchasing Document Last updated 10/2017 Services Agreement - Work Order Type 8820 Directional Boring & Trenching Page 89 of 114 DocuSign Envelope ID: 67EF3EA8-2F68-4EB7-B3AC-1A0D4E9181E5 Official Purchasing Document Last updated 10/2017 Services Agreement - Work Order Type 8820 Directional Boring & Trenching Page 90 of 114 DocuSign Envelope ID: 67EF3EA8-2F68-4EB7-B3AC-1A0D4E9181E5 Official Purchasing Document Last updated 10/2017 Services Agreement - Work Order Type 8820 Directional Boring & Trenching Page 91 of 114 DocuSign Envelope ID: 67EF3EA8-2F68-4EB7-B3AC-1A0D4E9181E5 Official Purchasing Document Last updated 10/2017 Services Agreement - Work Order Type 8820 Directional Boring & Trenching Page 92 of 114 DocuSign Envelope ID: 67EF3EA8-2F68-4EB7-B3AC-1A0D4E9181E5 Official Purchasing Document Last updated 10/2017 Services Agreement - Work Order Type 8820 Directional Boring & Trenching Page 93 of 114 DocuSign Envelope ID: 67EF3EA8-2F68-4EB7-B3AC-1A0D4E9181E5 Official Purchasing Document Last updated 10/2017 Services Agreement - Work Order Type 8820 Directional Boring & Trenching Page 94 of 114 DocuSign Envelope ID: 67EF3EA8-2F68-4EB7-B3AC-1A0D4E9181E5 Official Purchasing Document Last updated 10/2017 Services Agreement - Work Order Type 8820 Directional Boring & Trenching Page 95 of 114 DocuSign Envelope ID: 67EF3EA8-2F68-4EB7-B3AC-1A0D4E9181E5 Official Purchasing Document Last updated 10/2017 Services Agreement - Work Order Type 8820 Directional Boring & Trenching Page 96 of 114 DocuSign Envelope ID: 67EF3EA8-2F68-4EB7-B3AC-1A0D4E9181E5 Official Purchasing Document Last updated 10/2017 Services Agreement - Work Order Type 8820 Directional Boring & Trenching Page 97 of 114 DocuSign Envelope ID: 67EF3EA8-2F68-4EB7-B3AC-1A0D4E9181E5 Official Purchasing Document Last updated 10/2017 Services Agreement - Work Order Type 8820 Directional Boring & Trenching Page 98 of 114 DocuSign Envelope ID: 67EF3EA8-2F68-4EB7-B3AC-1A0D4E9181E5 Official Purchasing Document Last updated 10/2017 Services Agreement - Work Order Type 8820 Directional Boring & Trenching Page 99 of 114 DocuSign Envelope ID: 67EF3EA8-2F68-4EB7-B3AC-1A0D4E9181E5 Official Purchasing Document Last updated 10/2017 Services Agreement - Work Order Type 8820 Directional Boring & Trenching Page 100 of 114 DocuSign Envelope ID: 67EF3EA8-2F68-4EB7-B3AC-1A0D4E9181E5 Official Purchasing Document Last updated 10/2017 Services Agreement - Work Order Type 8820 Directional Boring & Trenching Page 101 of 114 DocuSign Envelope ID: 67EF3EA8-2F68-4EB7-B3AC-1A0D4E9181E5 Official Purchasing Document Last updated 10/2017 Services Agreement - Work Order Type 8820 Directional Boring & Trenching Page 102 of 114 DocuSign Envelope ID: 67EF3EA8-2F68-4EB7-B3AC-1A0D4E9181E5 Official Purchasing Document Last updated 10/2017 Services Agreement - Work Order Type 8820 Directional Boring & Trenching Page 103 of 114 DocuSign Envelope ID: 67EF3EA8-2F68-4EB7-B3AC-1A0D4E9181E5 Official Purchasing Document Last updated 10/2017 Services Agreement - Work Order Type 8820 Directional Boring & Trenching Page 104 of 114 DocuSign Envelope ID: 67EF3EA8-2F68-4EB7-B3AC-1A0D4E9181E5 Official Purchasing Document Last updated 10/2017 Services Agreement - Work Order Type 8820 Directional Boring & Trenching Page 105 of 114 DocuSign Envelope ID: 67EF3EA8-2F68-4EB7-B3AC-1A0D4E9181E5 Official Purchasing Document Last updated 10/2017 Services Agreement - Work Order Type 8820 Directional Boring & Trenching Page 106 of 114 DocuSign Envelope ID: 67EF3EA8-2F68-4EB7-B3AC-1A0D4E9181E5 Official Purchasing Document Last updated 10/2017 Services Agreement - Work Order Type 8820 Directional Boring & Trenching Page 107 of 114 DocuSign Envelope ID: 67EF3EA8-2F68-4EB7-B3AC-1A0D4E9181E5 Official Purchasing Document Last updated 10/2017 Services Agreement - Work Order Type 8820 Directional Boring & Trenching Page 108 of 114 DocuSign Envelope ID: 67EF3EA8-2F68-4EB7-B3AC-1A0D4E9181E5 Official Purchasing Document Last updated 10/2017 Services Agreement - Work Order Type 8820 Directional Boring & Trenching Page 109 of 114 DocuSign Envelope ID: 67EF3EA8-2F68-4EB7-B3AC-1A0D4E9181E5 Official Purchasing Document Last updated 10/2017 Services Agreement - Work Order Type 8820 Directional Boring & Trenching Page 110 of 114 DocuSign Envelope ID: 67EF3EA8-2F68-4EB7-B3AC-1A0D4E9181E5 Official Purchasing Document Last updated 10/2017 Services Agreement - Work Order Type 8820 Directional Boring & Trenching Page 111 of 114 DocuSign Envelope ID: 67EF3EA8-2F68-4EB7-B3AC-1A0D4E9181E5 Official Purchasing Document Last updated 10/2017 Services Agreement - Work Order Type 8820 Directional Boring & Trenching Page 112 of 114 DocuSign Envelope ID: 67EF3EA8-2F68-4EB7-B3AC-1A0D4E9181E5 Official Purchasing Document Last updated 10/2017 Services Agreement - Work Order Type 8820 Directional Boring & Trenching Page 113 of 114 DocuSign Envelope ID: 67EF3EA8-2F68-4EB7-B3AC-1A0D4E9181E5 Official Purchasing Document Last updated 10/2017 Services Agreement - Work Order Type 8820 Directional Boring & Trenching Page 114 of 114 DocuSign Envelope ID: 67EF3EA8-2F68-4EB7-B3AC-1A0D4E9181E5 SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS. INSURER(S) AFFORDING COVERAGE INSURER F : INSURER E : INSURER D : INSURER C : INSURER B : INSURER A : NAIC # NAME: CONTACT (A/C, No): FAX E-MAIL ADDRESS: PRODUCER (A/C, No, Ext): PHONE INSURED COVERAGES CERTIFICATE NUMBER:REVISION NUMBER: IMPORTANT: If the certificate holder is an ADDITIONAL INSURED, the policy(ies) must have ADDITIONAL INSURED provisions or be endorsed. If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER. OTHER: (Per accident) (Ea accident) $ $ N / A SUBR WVD ADDL INSD THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. $ $ $ PROPERTY DAMAGE $ BODILY INJURY (Per accident) BODILY INJURY (Per person) COMBINED SINGLE LIMIT AUTOS ONLY AUTOS ONLY AUTOS NON-OWNED OWNED SCHEDULED ANY AUTO AUTOMOBILE LIABILITY Y / N WORKERS COMPENSATION AND EMPLOYERS' LIABILITY OFFICER/MEMBER EXCLUDED? (Mandatory in NH) DESCRIPTION OF OPERATIONS below If yes, describe under ANY PROPRIETOR/PARTNER/EXECUTIVE $ $ $ E.L. DISEASE - POLICY LIMIT E.L. DISEASE - EA EMPLOYEE E.L. EACH ACCIDENT ER OTH- STATUTE PER (MM/DD/YYYY) LIMITS POLICY EXP (MM/DD/YYYY) POLICY EFF LTR TYPE OF INSURANCE POLICY NUMBER INSR DESCRIPTION OF OPERATIONS / LOCATIONS / VEHICLES (ACORD 101, Additional Remarks Schedule, may be attached if more space is required) EXCESS LIAB UMBRELLA LIAB EACH OCCURRENCE $ AGGREGATE $ $ OCCUR CLAIMS-MADE DED RETENTION $ PRODUCTS - COMP/OP AGG $ GENERAL AGGREGATE $ PERSONAL & ADV INJURY $ MED EXP (Any one person) $ EACH OCCURRENCE $ DAMAGE TO RENTED PREMISES (Ea occurrence) $ COMMERCIAL GENERAL LIABILITY CLAIMS-MADE OCCUR GEN'L AGGREGATE LIMIT APPLIES PER: POLICY PRO- JECT LOC CERTIFICATE OF LIABILITY INSURANCE DATE (MM/DD/YYYY) CANCELLATION AUTHORIZED REPRESENTATIVE ACORD 25 (2016/03) © 1988-2016 ACORD CORPORATION. All rights reserved. CERTIFICATE HOLDER The ACORD name and logo are registered marks of ACORD HIRED AUTOS ONLY C 5,000,000 01/31/2020 TB2-631-004260-019 Manashi Mukherjee X ATL-004595606-07 1,000,000 5,000,000 WC5-631-004260-049 (MN.WI) X 33600 5,000,000 of Marsh USA Inc. N 01/31/2019 X 0 01/31/2020 01/31/2020 AS2-631-004260-029 B 10,000,000 5,000,000 X 10030 LM Insurance Corporation 1,000,000 X 01/08/2019 01/31/2019 The following is Additional Insured as respects General Liability and Auto Liability only if required by written contract and coverage applies only as respects work performed by the Insured for the Additional Insured. All coverage terms, conditions and exclusions of the policy apply. Additional Insured: City of Fort Collins. X 01/31/2019 300 La Porte Ave Fort Collins, CO 80522 City of Fort Collins 10,000 A Westchester Fire Insurance Company CN102986923-upl-GAWU-19-20 01/31/2020 5,000,000 G22049860013 B 10,000,000 23035 1,000,000 1,000,000 WA5-63D-004260-039 (AOS) 1560 Sawgrass Corporate Pkwy, Suite 300 Marsh USA Inc. X Sunrise, FL 33323 X of Colorado, LLC Sage Telecommunications Corp. Denver, CO 80229 6700 Race Street X X 01/31/2019 Attn: Engineering Dept 01/31/2019 A . 01/31/2020 Liberty Mutual Fire Insurance Company DocuSign Envelope ID: 67EF3EA8-2F68-4EB7-B3AC-1A0D4E9181E5 $ - $ - Combined Total Completed to Date Total Contract Amount Total This Period Previous Billings Balance Remaining Percent Complete PAY REQUEST Item # Description Quantity Cost Remaining Percent UOMComplete Contract Summary This Period Previous Total to Date Period Ending: DocuSign Envelope ID: 67EF3EA8-2F68-4EB7-B3AC-1A0D4E9181E5 The undersigned CONTRACTOR certifies that all obligations of CONTRACTOR incurred in connection with the WORK have been satisfied as required in paragraph 14.3 of the General Conditions of the Contract. CERTIFICATION BU SCOPE OF WORK CHANGE ORDERS RECONCILIATION CHANGE ORDERS INVOICE NUMBER Total Change Order Work to Date: $ - $ - Retainage Previous: Change in Retainage: DocuSign Envelope ID: 67EF3EA8-2F68-4EB7-B3AC-1A0D4E9181E5