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HomeMy WebLinkAboutBID - 8096 FIBER OPTIC SPLICING & RELATED SERVICES (3)BID 8096 Fiber Optic Splicing & Related Services Page 1 of 28 INVITATION TO BID 8096 FIBER OPTIC SPLICING & RELATED SERVICES The City of Fort Collins is requesting bids from qualified firms with extensive skills, knowledge, and hands-on experience in the area of building, testing, documenting, troubleshooting, and repairing fiber optics infrastructure. Sealed bids will be received and publicly opened at the office of the Director of Purchasing and Risk Management, 215 North Mason St., 2nd floor, Fort Collins, Colorado 80522, at the time and date noted on the bid proposal and/or contract documents. If mailed, the address is P.O. Box 580, Fort Collins, 80522-0580. Please note that additional time is required for bids mailed to the PO Box to be received at the Purchasing Office. Bids must be received at the Purchasing Office prior to 3:00 p.m. (our clock), April 17, 2015. The City encourages all Disadvantaged Business Enterprises (DBEs) to submit bids in response to all invitations. No individual or businesses will be discriminated against on the grounds of race, color, sex, or national origin. It is the City’s policy to create a level playing field on which DBEs can compete fairly and to ensure nondiscrimination in the award and administration of all contracts. Questions concerning the scope of the bid should be directed to Clint Reetz, Telecom Systems Administrator at (970) 221-6326 or creetz@fcgov.com. Questions regarding bid submittal or process should be directed to Pat Johnson, CPPB, Senior Buyer at (970)221-6816 or pjohnson@fcgov.com. All questions must be submitted in writing via email to Clint Reetz, with a copy to Pat Johnson, no later than 5:00 PM our clock on April 10, 2015. Questions received after this deadline will not be answered. A copy of the Bid may be obtained at www.rockymountainbidsystem.com. Special Instructions All bids must be properly signed by an authorized representative of the company with the legal capacity to bind the company to the agreement. Bids may be withdrawn up to the date and hour set for bid opening. Once bids have been accepted by the City and bid opening has occurred, failure to enter into contract or honor the purchase order will be cause for removal of supplier's name from the City of Fort Collins' bidders list for a period of twelve months from the date of the opening. The City may also pursue any remedies available at law or in equity. Bid prices must be held firm for a minimum period of forty-five (45) days after bid openings. Submission of a bid is deemed as acceptance of all terms, conditions and specifications contained in the City's specifications and agreement template initially provided to the bidder. Financial Services Purchasing Division 215 N. Mason St. 2nd Floor PO Box 580 Fort Collins, CO 80522 970.221.6775 970.221.6707 fcgov.com/purchasing BID 8096 Fiber Optic Splicing & Related Services Page 2 of 28 Any proposed modification must be accepted in writing by the City prior to award of the bid. Only bids received by the Purchasing Office prior to the bid opening date and time will be accepted. All bids should be clearly identified by the bid number and bid name contained in the bid proposal. No proposal will be accepted from, or any purchase order awarded, to any person, firm or corporation in default of any obligation to the City. Bids must be furnished exclusive of any federal excise tax, wherever applicable. Bidders must be properly licensed and secure necessary permits wherever applicable. New Vendors: The City requires new vendors receiving awards from the City to fill out and submit an IRS form W-9 and to register for Direct Deposit (Electronic) payment. If needed, the W-9 form and the Vendor Direct Deposit Authorization Form can be found on the City’s Purchasing website at www.fcgov.com/purchasing under Vendor Reference Documents. The City may elect where applicable, to award bids on an individual item/group basis or on a total bid basis, whichever is most beneficial to the City. The City reserves the right to accept or reject any and all bids, and to waive any irregularities or informalities. Sales prohibited/conflict of interest: no officer, employee, or member of City Council, shall have a financial interest in the sale to the City of any real or personal property, equipment, material, supplies or services where such officer or employee exercises directly or indirectly any decision- making authority concerning such sale or any supervisory authority over the services to be rendered. This rule also applies to subcontracts with the City. Soliciting or accepting any gift, gratuity, favor, entertainment, kickback or any items of monetary value from any person who has or is seeking to do business with the City of Fort Collins is prohibited. Freight terms: unless otherwise noted, all freight is F.O.B. Destination, Freight Prepaid. All freight charges must be included in prices submitted on proposal. Discounts: any discounts allowed for prompt payment, etc., must be reflected in bid figures and not entered as separate pricing on the proposal form. Purchasing restrictions: your authorized signature of this bid assures your firm's compliance with the City's purchasing restrictions. A copy of the resolutions is available for review in the Purchasing Office or the City Clerk's Office. Request Resolution 91-121 for cement restrictions. Collusive or sham bids: any bid deemed to be collusive or a sham bid will be rejected and reported to authorities as such. Your authorized signature of this bid assures that such bid is genuine and is not a collusive or sham bid. Bid results will be posted online at www.rockymountainbidsystem.com. Gerry S. Paul Director of Purchasing and Risk Management BID 8096 Fiber Optic Splicing & Related Services Page 3 of 28 I. GENERAL INFORMATION & BACKGROUND A. General Information The City of Fort Collins is requesting bids in order to contract with a Contractor for fiber optics splicing and related services. The Contractor must also have the background and skills to assist the Utilities in fiber optics system related activities such as the development of splice plans, patch panel design, cost estimating, and suggestions regarding fiber optic equipment choices, documentation of work, and labeling for fiber identification purposes. Depending upon the specific project at any given time, if the project is funded wholly or in part by Federal funds, the Contractor must be prepared to meet Federal regulations with respect to the payment of Davis-Bacon wages, Buy American and Buy America requirements, and any other Federal requirements which may apply to that given project (see Exhibit “E” for examples). B. General Background Information The City of Fort Collins Utilities and Traffic departments, in partnership with the Platte River Power Authority, have constructed an extensive fiber optics infrastructure consisting of a 26.2 mile, 144-strand backbone loop within the City of Fort Collins which connects electric substations, traffic signals and various other City facilities. Lateral fiber cables attached to the backbone loop serve a large variety of both public and private commercial agencies. There is frequent need to design and build fiber connections to additional agencies and facilities. The City of Fort Collins is seeking a Contractor with extensive skills, knowledge, and hands- on experience in the area of building, testing, documenting, troubleshooting, and repairing fiber optics infrastructure including suggestions regarding route planning, system design details, methods and procedures. The Contractors primary duties will be in system construction activities which may include installing cable, patch panel and splice enclosure preparation, fiber splicing, terminations, optical loss testing, troubleshooting, and documentation. However, the City of Fort Collins is also interested in a Contractor who can offer suggestions and brainstorm options related to the planning, design, troubleshooting, and repair of complex fiber optics systems including new additions and occasional redesign/rebuilding and/or repair of existing systems and subsystems on a project by project basis. II. SCOPE OF SERVICES A. SCOPE OF WORK Work assignments may include: 1. Perform the splicing of single-mode and multi-mode fiber strands using both fusion and mechanical splicing methods. 2. Build and install a variety of fiber connectors such as ST, SC, LC, and other connectors the City may decide to use in the future. 3. Assist with the design of, and have hands-on responsibility for building fiber patch panels, patch cords, pigtails, splice trays, and splice enclosures for both inside and outside fiber optics plant as requested. 4. Test and troubleshoot fiber optics cables and connectors using a variety of test equipment including OTDRs, light source and power meters, optical fiber identifiers, laser devices, viewing scopes, and visual fault indicators in order to determine and document optical losses, span distances, and system trouble points. 5. Make repairs to damaged fiber cables, bad splice points, dirty or poorly-constructed BID 8096 Fiber Optic Splicing & Related Services Page 4 of 28 connectors and other fiber related infrastructure as required. 6. Offer suggestions regarding the design of and planning for new fiber infrastructure including splice plans, fiber routes, and suggested equipment and configurations. 7. Offer suggestions and advice regarding materials, equipment, procedures, and practices keeping in mind the City’s accepted standards and industry best practices. 8. If equipped, install fiber cables in existing conduit paths provided by the City of Fort Collins. *Note: All work performed by the Contractor must conform to accepted applicable industry standards (e.g. ETA, IMSA, FOA, BICSI), industry best practices, other applicable equipment standards and specifications. B. CONTRACTOR QUALIFICATIONS Bids will be considered only from Contractors who have experienced personnel able to provide the required services. Bids submitted shall provide resumes of all personnel to be performing the work and information substantiating previous work experience including similar projects performed by the. Contact information for each listed project shall be provided with the bid response. C. INTERVIEWS After evaluation of the written bids, the City may interview the short-listed firms. The City reserves the right to award directly as a result of the written bids. D. PROJECT SCHEDULE The City has established the target schedule shown below for the Bid. The City reserves the right to amend the target schedule at any time. • BID issuance: April 1, 2015 • Question deadline: April 10, 2015 • Bid due date: April 17, 2015 • Interviews (tentative): May 4-5, 2015 E. TRAVEL & EXPENSES Contractors are to provide a list of fees for reimbursable expenses. Reasonable expenses will be reimbursable as per the attached Exhibit F Fort Collins Expense guidelines. F. WORK ORDER PROCEDURES Work performed pursuant to contract(s) executed pursuant to this Invitation to Bid will be authorized by Work Order, issued by the appropriate department(s). No Work Order shall exceed $75,000. This is not an exclusive contract and the City reserves the right to independently seek bids/quotes on any project, rather than issuing a Work Order to the Contractor. The Contractor shall provide all personnel, equipment and supplies necessary to complete the professional services set forth in the Scope of Work. Work Order scope, total project time, project cost, any retainage clause, and any applicable liquidated damages clause will be determined as part of the project Work Order for each individual project. The awarded Contractor will be contacted by the Project Manager on a project-by-project basis and asked to provide a price quote for each project, based on the rates submitted in BID 8096 Fiber Optic Splicing & Related Services Page 5 of 28 the BID. A Work Order form will be completed and signed for each project in accordance with the Service Agreement. The City reserves the right to independently contract any services rather than issuing work to the awarded Contractor. 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 from the award of this contract. G. TERM Any agreement(s) will be effective for a period of one year from the date of the completed Professional Services Agreement, and will be renewable for up to four (4) additional one- year terms (one at a time), at the option of the City and if the Contractor is agreeable to the same terms and conditions contained herein. H. MATERIALS The City of Fort Collins may furnish materials and in some instances may require the Contractor to provide materials; this will be a case by case basis. The material mark-up can be described by the Contractor on page 12 under “other pricing”. I. INSPECTIONS The City will perform the final inspection approximately 1 (one) week after installation. J. WORK SCHEDULES No work shall be done between 6:00 p.m. and 7:00 a.m., nor on Sunday or Legal Holidays without permission of the City Project Manager, except emergency work. No service shall be interrupted before 8:00 a.m. or after 5:00 p.m. without prior permission of City Project Manager. ALL work will be scheduled through the City of Fort Collins Utilities and Traffic Departments. Contractor shall respond to initial City Project Manager request for a new Work Order within 24 hours. Contractor will give City Project Manager a minimum of 24 hours notice prior to beginning any work. The Contractor shall contact the City Project Manager at the job site immediately prior to commencing work, to explain the nature and schedule of the work to be performed. Contractor shall provide emergency or urgently requested services within 2 (two) hours of request. K. PROTECTION OF WORK The Contractor shall, at his own expense: 1. Provide and maintain proper protection to all finished work, any unfinished work, and to all material and equipment, including but not limited to that furnished to him by the City from the time it is delivered to him during the entire progress of the work, and be responsible for and make good any injury to same and shall protect exterior surfaces against any defacement which would detract from their good appearance. 2. Clean up the job site at the end of each day and upon completion of the work, make good all damage, leaving the site in a clean and orderly condition, restoring the site to original or better condition. Haul away all debris or excess material remaining as an end product at job completion. BID 8096 Fiber Optic Splicing & Related Services Page 6 of 28 L. USE OF SUBCONTRACTORS/PARTNERS There may be areas for use of additional sub-contractors in the Work Orders resulting from the award of this BID. Contractors will be responsible for identifying the sub-contractors necessary during the scope of work negotiation for each specific project/Work Order. Each Work Order shall list the sub-contractors’ personnel, their area(s) of expertise, and include all other applicable information herein requested for each sub-contractor/partner. Fee schedules for sub-contractors (if known) are to be included in your bid submittal. Please keep in mind that the City will contract solely with your company, therefore sub- contractors/partners remain your sole responsibility. No changes of the subcontractor list will be allowed without written consent of the City Project Manager. M. LICENSES & PERMITS Prior to commencing work, the Contractor shall obtain a license from the City of Fort Collins Engineering Department to work in the Public Right of Way. The Contractor shall submit a copy of this license to the Project Manager. N. SAFETY The Contractor shall be responsible for maintaining safe conditions in the various work areas at all times. Barricades and warning devices shall be installed where required or if requested by the Project Manager. Traffic control and locates for utilities may be included in the scope of work for each work order. O. CHARACTER OF WORKERS The Contractor shall employ only competent, skillful workers to do the work. Whenever any worker shall appear to be incompetent or to act in a disorderly or improper manner, such persons shall be removed from the work upon request of the City of Fort Collins. The Contractor shall have a person at each job site while work is being performed who is able to speak English. P. UTILITIES 1. Contractor is responsible for furnishing all power necessary for construction and shall make arrangements with Owner as to the amount of water required and time water is needed. 2. Contractor is responsible for furnishing and maintaining sanitary facilities at job site. Q. METHOD OF PAYMENT Monthly payment shall be made for work completed following the submittal of a correct invoice by the Contractor indicating the hours worked, hourly rate and percentage of that work that has been completed by task, and including a brief progress report. All invoices submitted by the Contractor shall be directed to the City at invoices@fcgov.com. Payments will be made using the prices listed on the Work Order which will be based upon the Fee Schedule attached to the Agreement. In the event a service is requested which is not listed on the Fee Schedule, the Contractor and the City will negotiate an appropriate unit price for the service prior to Contractor initiating such work. R. PROJECT STATUS MEETINGS During the progress of the work, the Contractor shall confer with the City as necessary to ensure that the completed work will meet with the City’s approval. The City will designate a BID 8096 Fiber Optic Splicing & Related Services Page 7 of 28 Project Manager for each project Work Order. The Contractor shall meet with the Project Manager at intervals to review the progress of the work and shall be required to submit brief monthly progress reports to the Project Manager. S. WARRANTY The Contractor shall be responsible for a period of two (2) years following the final acceptance of each item of work performed under this contract for the satisfactory repair or replacement of all work or material which becomes defective, during this period, as a direct or indirect result of faulty workmanship. T. PREFERENCE Preference may be given to Contractors who: 1. have advanced certifications such as BICSI accreditations. 2. have a working knowledge of the fiber optics infrastructure in the City of Fort Collins. 3. are an approved contractor for Platte River Power Authority. BID 8096 Fiber Optic Splicing & Related Services Page 8 of 28 EXHIBIT A BID ACKNOWLEDGEMENT Contractor hereby acknowledges receipt of the City of Fort Collins Invitation to Bid for the 8096 Fiber Optic Splicing & Related Services, and acknowledges that it has read and agrees to be fully bound by all of the terms, conditions and other provisions set forth in the Bid. Additionally, the Contractor hereby makes the following representations to Utilities: a. All of the statements and representations made in this proposal are true to the best of the Contractor’s knowledge and belief. b. The Contractor has obtained all necessary authorizations and approvals that will enable the Contractor to commit to the terms provided in this proposal. c. This proposal is a firm and binding offer, for a period of 45 days from the date hereof. d. I further agree that the method of award is acceptable to my company. e. I acknowledge receipt of addenda. Contractor Firm Name: Physical Address: Remit to Address: Phone: Authorized Agent of Firm Name: Signature of Authorized Agent: Primary Contact for Project: Title: Email Address: Phone: Cell Phone: PLEASE NOTE: BID SUBMITTALS MUST INCLUDE THE BID SCHEDULE AND EXHIBITS A, B AND C TO BE CONSIDERED. FAILURE TO PROVIDE ANY OF THESE REQUIRED DOCUMENTS MAY RESULT IN YOUR BID BEING CONSIDERED NON-RESPONSIVE AND THEREFORE REJECTED FROM CONSIDERATION. BID 8096 Fiber Optic Splicing & Related Services Page 9 of 28 EXHIBIT B STATEMENT OF BIDDER'S QUALIFICATIONS & BID SCHEDULE All questions must be answered and the data given must be clear and comprehensive. This statement must be notarized. If necessary, questions may be answered on separate attached sheets. The Bidder may submit additional information if desired. 1. Name of Firm: 2. When was the firm organized? 3. General character of Work performed by your company: 4. How many years have you been engaged in the contracting business under your present firm or trade name? 5. Contracts on hand. (show the amount of each contract and the appropriate anticipated dates of completion.) 6. Bank Reference: 7. Will you, upon request, fill out a detailed financial statement and furnish any other information that may be required by the OWNER? 8. Are you licensed as a General Contractor? a. If yes, in what city, county and state? b. What class, license and numbers? 9. Do you anticipate subcontracting Work under this Contract? a. If yes, what percent of total contract? b. And to whom? 10. Are any lawsuits pending against you or your firm at this time? If yes, PROVIDE DETAIL 11. What are your company's bonding limitations? 12. Have you ever failed to complete any Work awarded to you? If so, where and why? 13. Have you ever defaulted on a contract? If so, where and why? 13. Are you debarred by any government agency? If yes, list agency name. 14. List your major equipment available for this contract. BID 8096 Fiber Optic Splicing & Related Services Page 10 of 28 15. Provide names, work history, background and experience of the principal members of your organization, including officers (resumes are welcome). Include relevant professional training, and industry certifications of the person(s) who will be the primary contact person for the City of Fort Collins and who will have primary responsibility for requested Work Orders. 16. Names, work history, background and experience of the technical experts of your organization (resumes are welcome). Include relevant professional training, and industry certifications of any and all technical experts who will perform the actual hands-on work. If the hands-on technician is the same person as in Question 16, just state “same as Question 16.” If other technicians will be used by the primary contact person, include the requested information for each of them. 17. Provide descriptions of at least three (3) large-scale fiber optics projects where the person listed in Question 16 had primary technical responsibility for hands-on fiber work including splicing, terminations, cable preparation, testing, labeling, and documentation. If the person listed in Question 16 was not the hands-on technician for the project, please describe the circumstances. Be specific about the scope and scale of the project including information such as type and feet of fiber cable for the project, overhead or underground construction, number of splices, number and type of connectors, and any other technical details that will help the reader evaluate your technical competency. a. For each project, include dates that the work was performed and the job location. b. For each project, include the name and phone number or other contact information for the Project Manager or Project Supervisor. c. State the approximate cost of each, and location and type of construction 18. Provide any other information about the person(s) named in Questions 16 & 17 that would be helpful in evaluating that person’s skills and experience level related to fiber optics. This could include information such as supervisory experience, the training of others regarding fiber optics industry standards and procedures, relevant research efforts, speaking engagements at industry seminars, or similar information. 19. Provide 3 references for similar projects for your firm. Include current contact name, current telephone number and email address. 20. The successful Contractor must provide a mobile, protected environment for field splicing activities. Most outside splice closures in Fort Collins are located in telecom vaults or hand holes that are next to or near paved roadways. However, the Contractor BID 8096 Fiber Optic Splicing & Related Services Page 11 of 28 may be requested to perform work at a location that would be difficult to access with a vehicle. a. Please describe the vehicle(s), trailer(s), or other means that you own or lease that you will normally be using as a work platform. b. Describe how you will control the work environment if the work location is not accessible by a vehicle. 20. Please provide your best estimates for the following: a. What is your average response time for non-emergency work orders? b. How quickly can you respond to emergency work orders? c. What is your availability throughout a normal year? Are there periods when you would not be available? 21. Do you have a competent, experienced, and certified back-up person that the City of Fort Collins can call upon in the event you are not available (if yes, please include that person’s information in Question 2, above.) Please note that the use of subcontractors will not be allowed without the prior written consent of the Project Manager. 22. The Contractor will be expected to supply all tools, equipment, vehicles, and supplies necessary to perform the work. Describe the following equipment that you will be using: a. Fusion splicer – manufacturer, model, date of last calibration. b. OTDR – manufacturer, model, date of last calibration. c. Other specialized equipment including fiber optics test equipment. 23. The Service Provider will supply current pricing for the following tasks: a. Fusion splicing, single-mode fiber, includes labor and consumables (splice sleeves) Number of strands Cost per strand Comments 1-12 13-24 25-36 37-48 49-72 73-96 97-144 >144 BID 8096 Fiber Optic Splicing & Related Services Page 12 of 28 b. OTDR test single-mode fiber strands on reel (including the supplying of test documentation on disc and hard copy in a format to be agreed upon), includes labor Number of strands Cost per strand Comments 1-12 13-24 25-36 37-48 49-72 73-96 97-144 >144 c. Build connectors in the field (SC, ST, LC, etc.). (non-fusion glue type, includes labor and consumables) Number of connectors Cost per connector Comments 1-12 13-24 25-36 37-48 d. Other typical cost items Activity Cost per unit Comments Open/close a splice enclosure Mobilization charge to Fort Collins location/per splice crew Splice case prep/per splice case Splice cable prep/per cable Splice tray prep/per tray Labor – cable/pull string installation (materials provided)/per man hour BID 8096 Fiber Optic Splicing & Related Services Page 13 of 28 Light source/power meter test on 2 strands of installed SM fiber (Note: for this example, assume end points are 5 miles apart) Labor hourly rate, 8 AM – 5 PM (for activities not otherwise specified) Labor hourly rate, 5 PM – 8 AM (off hours) (for activities not otherwise specified) Percentage added to materials cost for ordering, handling, storage, and delivery to site Build 12 fiber fan-out kit Build 24 fiber fan-out kit Build 48 fiber fan-out kit Mid-span Cable Entry Dual Wavelength OTDR test at patch panel location. Provide test result report. (most locations are 48f or under) Build and install a rack mount 12 fiber patch panel,) load and splice pigtails. Build and install a rack mount 24 fiber patch panel,) load and splice pigtails. Build and install a rack mount 48 fiber patch panel,) load and splice pigtails. Other: BID 8096 Fiber Optic Splicing & Related Services Page 14 of 28 The undersigned hereby authorizes and requests any person, firm or corporation to furnish any information requested by the CITY OF FORT COLLINS in verification of the recital comprising this Statement of Bidder's Qualifications. Dated at ________________ this ______ day of __________________, 2015. Company: By: Printed: Title: State of County of being duly sworn deposes and says that he is of (Name) (Organization) and that the answers to the foregoing questions and all statements therein contained are true and correct. Subscribed and sworn to before me this _______ day of____________, 2015. (Seal) Notary Public My commission expires: . BID 8096 Fiber Optic Splicing & Related Services Page 15 of 28 EXHIBIT C SCHEDULE OF SUBCONTRACTORS List all subcontractors for the work items and the percentage of the contract that each will be performing. ITEM SUBCONTRACTOR BID 8096 Fiber Optic Splicing & Related Services Page 16 of 28 EXHIBIT D 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 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 services for . 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, a sample of which is attached hereto as Exhibit "A", consisting of ( ) page( ) 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. No work order shall exceed $ . 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 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 the Agreement, make changes within the general scope of the particular services assigned and the Service Provider agrees to perform such changed services. 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 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 {Option 1} This Agreement shall commence upon the date of execution BID 8096 Fiber Optic Splicing & Related Services Page 17 of 28 shown on the signature page of this Agreement and shall continue in full force and effect for one (1) year, unless sooner terminated as herein provided. In addition, at the option of the city, the Agreement may be extended for an additional period of one (1) year at the rates provided with written notice to the Service Provider mailed no later than thirty (30) days prior to contract end. 5. Contract Period. {Option 2] This Agreement shall commence , 200 and shall continue in full force and effect until , 200 , unless sooner terminated as herein provided. In addition, at the option of the City, the Agreement may be extended for additional one year periods not to exceed ( ) additional one year periods. Renewals and pricing changes shall be negotiated by and agreed to by both parties. Written notice of renewal shall be provided to the Service Provider and mailed no later than thirty (30) days prior to contract end. 6. Delay. If either party is prevented in whole or in part from performing its obligations by unforeseeable causes beyond its reasonable control and without 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. 7. 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: Attn: City of Fort Collins Attn: 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. 8. 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. 9. Payments. a. The City agrees to pay and the Service Provider agrees to accept as full payment for BID 8096 Fiber Optic Splicing & Related Services Page 18 of 28 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, with markups, stated within the Bid Schedule Proposal Form, attached hereto as Exhibit "B", consisting of two (2) page[s], 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. 10. 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. 11. 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. 12. 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. 13. 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. 14. 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 BID 8096 Fiber Optic Splicing & Related Services Page 19 of 28 written consent of the city. 15. 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. 16. 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 twelve (12) months from and after final acceptance under the Agreement, regardless whether the same were furnished or performed by Service Provider or by any of its subcontractors of any tier. Upon receipt of written notice from City of any such defect or nonconformances, the affected item or part thereof shall be redesigned, repaired or replaced by Service Provider in a manner and at a time acceptable to City. 17. 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. 18. 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. 19. 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. 20. Indemnity/Insurance. a. The Service Provider agrees to indemnify and save harmless the City, its officers, BID 8096 Fiber Optic Splicing & Related Services Page 20 of 28 agents and employees against and from any and all actions, suits, claims, demands or liability of any character whatsoever, brought or asserted for injuries to or death of any person or persons, or damages to property arising out of, result from or occurring in connection with the performance of any service hereunder. b. The Service Provider shall take all necessary precautions in performing the work hereunder to prevent injury to persons and property. c. Without limiting any of the Service Provider's obligations hereunder, the Service Provider shall provide and maintain insurance coverage naming the City as an additional insured under this Agreement of the type and with the limits specified within Exhibit "D", consisting of ( ) page[s], attached hereto and incorporated herein by this reference. The Service Provider before commencing services hereunder, shall deliver to the City's Director of Purchasing and Risk Management, P. O. Box 580, Fort Collins, Colorado 80522 one copy of a certificate evidencing the insurance coverage required from an insurance company acceptable to the city. 21. 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. 22. 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. 23. 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 BID 8096 Fiber Optic Splicing & Related Services Page 21 of 28 Agreement is being performed. d. If Service Provider obtains actual knowledge that a subcontractor performing work under this Agreement knowingly employs or contracts with an illegal alien, Service Provider shall: 1. Notify such subcontractor and the City within three days that Service Provider has actual knowledge that the subcontractor is employing or contracting with an illegal alien; and 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. 24. Red Flags Rules. Service Provider must implement reasonable policies and procedures to detect, prevent and mitigate the risk of identity theft in compliance with the Identity Theft Red Flags Rules found at 16 Code of Federal Regulations part 681. Further, Service Provider must take appropriate steps to mitigate identity theft if it occurs with one or more of the City’s covered accounts and must as expeditiously as possible notify the City in writing of significant breeches of security or Red Flags to the Utilities or the Privacy Committee. 25. Special Provisions. Special provisions or conditions relating to the services to be performed pursuant to this Agreement are set forth in Exhibit - Confidentiality consisting of one (1) page[s], attached hereto and incorporated herein by this reference. BID 8096 Fiber Optic Splicing & Related Services Page 22 of 28 CITY OF FORT COLLINS, COLORADO a municipal corporation By: __________________________________ Gerry Paul Director of Purchasing and Risk Management Date:_________________________________ ATTEST: ____________________________ City Clerk APPROVED AS TO FORM: ____________________________ Assistant City Attorney By:____________________________________ _______________________________________ Print Name Title____________________________________ Corporate President or Vice President Date: _______________________________ BID 8096 Fiber Optic Splicing & Related Services Page 23 of 28 EXHIBIT A WORK ORDER FORM PURSUANT TO AN AGREEMENT BETWEEN THE CITY OF FORT COLLINS AND DATED: Work Order Number: Purchase Order Number: Project Title: Original Bid/BID Project Number & Name: Commencement Date: 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 Service Provider Services Agreement between the parties. In the event of a conflict between or ambiguity in the terms of the Service Provider Services Agreement and this work order (including the attached forms) the Service Provider Services 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. SERVICE PROVIDER By:_______________________________ Date:_____________________________ CITY OF FORT COLLINS Submitted By: _________________________ Project Manager Date: _________________________ Reviewed by: _________________________ Engineer Date: _________________________ Approved by: _________________________ Operations Manager Date: ________________________ Approved by: _________________________ Utilities General Manager (over $1,000,000) Date: ________________________ Approved by: _________________________ Director of Purchasing & Risk Management (if over $60,000.) Date: _______________________ BID 8096 Fiber Optic Splicing & Related Services Page 24 of 28 EXHIBIT 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. BID 8096 Fiber Optic Splicing & Related Services Page 25 of 28 EXHIBIT 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. BID 8096 Fiber Optic Splicing & Related Services Page 26 of 28 EXHIBIT E Fort Collins Expense Guidelines: Lodging, Per Diem Meals and Incidentals and Other expenses: October 1, 2013 Fort Collins Policy: Lodging:  Hotels will be reimbursed at $91/day provided the government rate is available. If the government rate is not available, the best available rate shall be used and a printout of the available rates at the time of the reservation provided as documentation.  Hotel taxes do not count to the $91 limit, i.e. the rate is $91 plus applicable taxes.  Receipts are to be provided.  Actual expense will apply Meals and Incidentals: In lieu of requiring expense receipts, Fort Collins will use Federal GSA per diem guidelines.  Daily rate: $56  Travel Days rate: 75% of $56 = $42 Vehicle Expenses:  All costs related to rental vehicles (gas, parking, etc.) must be documented if they are to be reimbursed. The standard for vehicle size is mid-size to lower.  If a private vehicle is used, mileage will be reimbursed using the mileage rate set by the IRS. The most direct route is the standard for determining total mileage. Extra Ordinary Cost  Prior authorization required. Expenses Not Allowed  Liquor, movies, or entertainment (including in-room movies);  Sporting events;  Laundry, dry-cleaning or shoe repair;  Personal phone calls, including connection and long-distance fees;  Computer connections (unless required for City business);  Other personal expenses not directly related to City business;  Convenience charges;  Rescheduling Airline Charges not related to City requirements.  Excessive meal tip amounts generally over 20%;  Delivery fees shall not exceed 10% of the total bill, if not already included;  Hotel Cleaning Tips;  Extra Baggage for one day trips;  Air Travel (when local);  Items that are supplied by the City. Time Frame for Reporting  Per contract (every 30 days). BID 8096 Fiber Optic Splicing & Related Services Page 27 of 28 Reference: The Federal GSA guidelines for Fort Collins are $91/day for hotel and $56 for meals and incidentals (M&IE). (Incidentals are defined as 1) fees and tips given to porters, baggage carriers, bellhops, hotel maids, stewards or stewardesses , and 2) transportation between places of lodging or business and places where meals are taken). Hotel taxes (i.e. lodging taxes) are not covered by per diem and are expensed as a separate line item. The M&IE is further broken down by:  Breakfast: $9  Lunch: $13  Dinner: $29  Incidentals: $5 Federal guidelines further provide for the use of 75% of the M&IE rate for travel days, i.e. $42 for Fort Collins. BID 8096 Fiber Optic Splicing & Related Services Page 28 of 28 EXHIBIT F FEDERAL TERMS AND CONDITIONS ‘‘American Recovery and Reinvestment Act of 2009’’ Procurement Provisions: This contract is funded by the ‘‘American Recovery and Reinvestment Act of 2009’’ (ARRA). In compliance with the ARRA contractors and subcontractor must adhere to the following provisions: ARRA TITLE XV—ACCOUNTABILITY AND TRANSPARENCY BUY AMERICAN SEC. 1605. USE OF AMERICAN IRON, STEEL, AND MANUFACTURED GOODS. (a) None of the funds appropriated or otherwise made available by this Act may be used for a project for the construction, alteration, maintenance, or repair of a public building or public work unless all of the iron, steel, and manufactured goods used in the project are produced in the United States. (b) Subsection (a) shall not apply in any case or category of cases in which the head of the Federal department or agency involved finds that— (1) applying subsection (a) would be inconsistent with the public interest; (2) iron, steel, and the relevant manufactured goods are not produced in the United States in sufficient and reasonably available quantities and of a satisfactory quality; or (3) inclusion of iron, steel, and manufactured goods produced in the United States will increase the cost of the overall project by more than 25 percent. (c) If the head of a Federal department or agency determines that it is necessary to waive the application of subsection (a) based on a finding under subsection (b), the head of the department or agency shall publish in the Federal Register a detailed written justification as to why the provision is being waived. (d) This section shall be applied in a manner consistent with United States obligations under international agreements. ECONOMIC STABILIZATION CONTRACTING SEC. 1611. HIRING AMERICAN WORKERS IN COMPANIES RECEIVING TARP FUNDING. (a) SHORT TITLE.—This section may be cited as the ‘‘Employ American Workers Act’’. (b) PROHIBITION.— (1) IN GENERAL.—Notwithstanding any other provision of law, it shall be unlawful for any recipient of funding under title I of the Emergency Economic Stabilization Act of 2008 (Public Law 110–343) or section 13 of the Federal Reserve Act (12 U.S.C. 342 et seq.) to hire any nonimmigrant described in section 101(a)(15)(h)(i)(b) of the Immigration and Nationality Act (8 U.S.C. 1101(a)(15)(h)(i)(b)) unless the recipient is in compliance with the requirements for an H–1B dependent employer (as defined in section 212(n)(3) of such Act (8 U.S.C. 1182(n)(3))), except that the second sentence of section 212(n)(1)(E)(ii) of such Act shall not apply. (2) DEFINED TERM.—In this subsection, the term ‘‘hire’’ means to permit a new employee to commence a period of employment.