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HomeMy WebLinkAboutRFP - 8847 CURED-IN-PLACE PIPE SANITARY SEWERS/ STORMWATER MAINS REHABILITATIONRFP 8847 Cured-In-Place Pipe Sanitary Sewers/Stormwater Mains Rehabilitation Page 1 of 126 REQUEST FOR PROPOSAL 8847 CURED-IN-PLACE PIPE SANITARY SEWERS/STORMWATER MAINS REHABILITATION The City of Fort Collins is requesting proposals from qualified Service Providers for Sanitary Sewers/Stormwater Mains Rehabilitation. Various sizes of pipe are to be rehabilitated using the Cured-In-Place Pipe process. As part of the City’s commitment to Sustainable Purchasing, proposals submission via email is preferred. Proposals shall be submitted in a single Microsoft Word or PDF file under 20MB and e-mailed to: purchasing@fcgov.com. If electing to submit a hard copy proposal we require one (1) hard copy and one (1) electronic copy on a jump drive to be received at the City of Fort Collins' Purchasing Division, 215 North Mason St., 2nd floor, Fort Collins, Colorado 80524. Proposals must be received before 3:00 p.m. (our clock) on March 11, 2019 and referenced as Proposal No. 8847. If delivered, they are to be sent to 215 North Mason Street, 2nd Floor, Fort Collins, Colorado 80524. If mailed, the address is P.O. Box 580, Fort Collins, 80522-0580. Please note, additional time is required for bids mailed to the PO Box to be received at the Purchasing Office. The City encourages all Disadvantaged Business Enterprises (DBEs) to submit proposals in response to all requests for proposals. No individual or business 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. A pre-proposal meeting will be held at 1:00 PM MST, on February 20, 2019 at 700 Wood Street, Fort Collins. All questions should be submitted, preferably in writing via email, to Pat Johnson, CPPB, Senior Buyer at pjohnson@fcgov.com, no later than 4:00 PM MT (our clock) on February 26, 2019. Please format your e-mail to include: 8821 Independent Cost Estimating Services in the subject line. Questions received after this deadline may not be answered. Responses to all questions submitted before the deadline will be addressed in an addendum and posted on the Rocky Mountain E-Purchasing System webpage. Rocky Mountain E-Purchasing System hosted by Bidnet A copy of the RFP may be obtained at http://www.bidnetdirect.com/colorado/city-of-fort-collins. This RFP has been posted utilizing the following Commodity Code(s): 91377 Maintenance & Repair, Pipe Culvert 91378 Maintenance & Repair, Pipeline Public Viewing Copy: The City is a governmental entity subject to the Colorado Open Records Act, C.R.S. §§ 24-72-200.1 et seq. (“CORA”). Any proposals submitted hereunder are subject to public disclosure by the City pursuant to CORA and City ordinances. Vendors may submit one (1) additional complete proposal clearly marked “FOR PUBLIC VIEWING.” In this version 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 RFP 8847 Cured-In-Place Pipe Sanitary Sewers/Stormwater Mains Rehabilitation Page 2 of 126 of the proposal, the Vendor may redact text and/or data that it deems confidential or proprietary pursuant to CORA. Such statement does not necessarily exempt such documentation from public disclosure if required by CORA, by order of a court of appropriate jurisdiction, or other applicable law. Generally, under CORA trade secrets, confidential commercial and financial data information is not required to be disclosed by the City. Proposals may not be marked “Confidential” or ‘Proprietary’ in their entirety. All provisions of any contract resulting from this request for proposal will be public information. 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. Please do not submit with your proposal. Sales Prohibited/Conflict of Interest: No officer, employee, or member of City Council, shall have a financial interest in the sale to the City of any real or personal property, equipment, material, supplies or services where such officer or employee exercises directly or indirectly any decision-making authority concerning such sale or any supervisory authority over the services to be rendered. This rule also applies to subcontracts with the City. Soliciting or accepting any gift, gratuity favor, entertainment, kickback or any items of monetary value from any person who has or is seeking to do business with the City of Fort Collins is prohibited. Collusive or Sham Proposals: Any proposal deemed to be collusive or a sham proposal will be rejected and reported to authorities as such. Your authorized signature of this proposal assures that such proposal is genuine and is not a collusive or sham proposal. The City of Fort Collins reserves the right to reject any and all proposals and to waive any irregularities or informalities. Utilization of Award by Other Agencies: The City of Fort Collins reserves the right to allow other state and local governmental agencies, political subdivisions, and/or school districts to utilize the resulting award under all terms and conditions specified and upon agreement by all parties. Usage by any other entity shall not have a negative impact on the City of Fort Collins in the current term or in any future terms. The selected Vendor shall be expected to sign the City’s standard Agreement prior to commencing Services (see sample attached to this Proposal). Sincerely, Gerry Paul Purchasing Director RFP 8847 Cured-In-Place Pipe Sanitary Sewers/Stormwater Mains Rehabilitation Page 3 of 126 TABLE OF CONTENTS Invitation 1 Table of Contents 3 Background & Objective 4 Scope of Services 4 Scope of Work 4 Additional Terms 11 Proposal Submittal 16 Review and Assessment Criteria 20 Exhibit A: Sample Services Agreement, Work Order Type 22 Work Order Form (short form, under $100,000) 29 Work Order Form (over $100,000) 31 00525 Work Order, Notice of Award & Bid Schedule 34 00530 Work Order Notice to Proceed 39 00600 Bonds and Certificates 40 00610 Performance Bond 41 00615 Payment Bond 43 00630 Certificate of Insurance 45 00635 Certificate of Substantial Completion 46 00640 Certificate of Final Acceptance 47 00650 Lien Waiver Release (SERVICE PROVIDER) 48 00651 Lien Waiver Release (SUBCONTRACTOR) 50 00660 Consent of Surety 52 00670 Application for Exemption Certificate 53 00950 Work Order Change Order Form 55 00960 Application for Payment 56 Attachment A DRAWING INDEX 58 General Scope of Services 59 Bid Schedule 60 Insurance Exhibit 61 Confidentiality Agreement 62 Change Order Form 63 CONDITIONS OF THE CONTRACT Exhibit B: 00700 General Conditions 64 Exhibit C: 00800 Supplementary Conditions 118 Exhibit D: Sample Mutual Non-Disclosure Agreement 122 RFP 8847 Cured-In-Place Pipe Sanitary Sewers/Stormwater Mains Rehabilitation Page 4 of 126 I. BACKGROUND & OBJECTIVE A. Objective The City of Fort Collins is requesting proposals from qualified Service Providers for Sanitary Sewers/Stormwater Mains Rehabilitation. Various sizes of pipe are to be rehabilitated using the Cured-In-Place Pipe process. B. Background Over the last thirty (30) years the City of Fort Collins has installed a variety of sizes of cured- in-place pipe and the appurtenances to go with them. For the next several years, the intent is to do approximately 10,000’ per year with sizes ranging from 6” to 33”. The combination of sizes each year, comes from the size of the pipe in the ground for the specific projects that are chosen. For the past 3 years, below is an average of the sizes used. 1,000’ of 6” 7,200’ of 8” 2,000’ of 10” 1,000’ of 12” 1,000’ of 15” 1,000” of 30” 100’ of 33” 130 service laterals 12 intruding taps 30 manhole rehabilitations II. SCOPE OF SERVICES A. SCOPE OF WORK The following scope of work is the amount expected to be installed in a year’s time, however there is no guarantee of any work. Definitions: VCP Vitrified Clay Pipe RCP Reinforced Concrete Pipe CIPPR Cured in Place Pipe Repair 1. Pipe Diameter Sanitary Sewer 6” VCP 1,000 lineal feet 8” VCP 4,000 lineal feet 10” VCP 2,000 lineal feet 12” VCP 1,000 lineal feet 18” VCP 1,200 lineal feet RFP 8847 Cured-In-Place Pipe Sanitary Sewers/Stormwater Mains Rehabilitation Page 5 of 126 2. Pipe Diameter Stormwater 10” VCP/RCP 100 lineal feet 12” VCP/RCP 300 lineal feet 15” VCP/RCP 200 lineal feet 18” VCP/RCP 500 lineal feet 24” VCP/RCP 200 lineal feet 30” VCP/RCP 100 lineal feet 36” VCP/RCP 100 lineal feet 3. CCIPR Point Repairs Stormwater 10” CIPPR 0’ - 5’ Length 1 Each 10” CIPPR 6’ - 10’ Length 1 Each 10” CIPPR 11’ - 15’ Length 1 Each 10” CIPPR 16’ - 20’ Length 1 Each 12” CIPPR 0’ - 5’ Length 1 Each 12” CIPPR 6’ - 10’ Length 1 Each 12” CIPPR 11’ - 15’ Length 1 Each 12” CIPPR 16’ - 20’ Length 1 Each 15” CIPPR 0’ - 5’ Length 1 Each 15” CIPPR 6’ - 10’ Length 1 Each 15” CIPPR 11’ - 15’ Length 1 Each 15” CIPPR 16’ - 20’ Length 1 Each 18” CIPPR 0’ - 5’ Length 1 Each 18” CIPPR 6’ - 10’ Length 1 Each 18” CIPPR 11’ - 15’ Length 1 Each 24” VCP 1,600 lineal feet 30” RCP 100 lineal feet 36” RCP 800 lineal feet RFP 8847 Cured-In-Place Pipe Sanitary Sewers/Stormwater Mains Rehabilitation Page 6 of 126 18” CIPPR 16’ - 20’ Length 1 Each 24” CIPPR 0’ - 5’ Length 1 Each 24” CIPPR 6’ - 10’ Length 1 Each 24” CIPPR 11’ - 15’ Length 1 Each 24” CIPPR 16’ - 20’ Length 1 Each 30” CIPPR 0’ - 5’ Length 1 Each 30” CIPPR 6’ - 10’ Length 1 Each 30” CIPPR 11’ - 15’ Length 1 Each 30” CIPPR 16’ - 20’ Length 1 Each 36” CIPPR 0’ - 5’ Length 1 Each 36” CIPPR 6’ - 10’ Length 1 Each 36” CIPPR 11’ - 15’ Length 1 Each 36” CIPPR 16’ - 20’ Length 1 Each 48” CIPPR 0’ - 5’ Length 1 Each 48” CIPPR 6’ - 10’ Length 1 Each 48” CIPPR 11’ - 15’ Length 1 Each 48” CIPPR 16’ - 20’ Length 1 Each 4. Service Connections Service Connections: 130 Protruding Taps: 20 Manhole rehabilitation (Class A): 35 5. Preconstruction Conference After the contract award and prior to commencing work, the Service Provider will attend a preconstruction conference. The Service Provider will have the following submittal available for City of Fort Collins approval: traffic control plans, fire hydrant metering, homeowner notification letter, summary of equipment to be used, sources of materials, summary of trenchless lining method to be used, subcontractors, proposed method of handling existing sewage while replacing lines. 6. Pumping and Bypassing When pumping and bypassing is required, the Service Provider shall provide a bypass plan to the City for approval, supply the pumps, conduits, and other equipment to divert the flow of sewage around the manhole section in which work is to be performed. The bypass system shall be of sufficient capacity to handle existing peak flow plus additional flow that may occur during a storm. The bypassing system RFP 8847 Cured-In-Place Pipe Sanitary Sewers/Stormwater Mains Rehabilitation Page 7 of 126 shall be water tight and not leak. The Service Provider will be responsible for furnishing the necessary labor and supervision to set up and operate the pumping and bypassing system. At no time will the bypass operation be unattended. Pumps shall be equipped in a manner to keep hose noise to a minimum. Standby equipment will be available to allow continuous operation of bypass pumping despite equipment, pump, or generator failure. All bypassed sewage flow shall be returned to the sanitary sewer system. The bypass piping shall not interfere with traffic unless absolutely necessary. The use of steel plates or other ramp materials is anticipated. With this type of sewer line rehabilitation, interruptions of the normal flow of sewage from residences and businesses are expected. The Service Provider will be responsible for notifying the affected users and insuring that any interruptions are as brief as possible. 7. Flow Control Precautions Precautions must be taken to insure sewer flow control operations do not cause flooding or damage to public or private property being served by the sewers involved. Service Provider will be liable for private property damages caused by sewer blockages resulting from Service Provider’s activities or lack of action to prevent. Service Provider will be liable for punitive damages should the City of Fort Collins be fined by a regulatory agency because of the Service Provider’s failure to control sewage flow. 8. Clean up The Service Provider will remove all internal debris out of the sewer line that will interfere with the installation of cured-in-place pipe. Upon acceptance of the cured-in-place pipe installation and testing, the Service Provider will restore surface to original condition within the project area affected by the operations. Waste material from sewer line and site restoration will be disposed of by the Service Provider at his expense. All waste will be disposed of according to all local, state and federal regulations. Waste disposal cost shall be included in the per unit pricing. 9. Line Obstruction It will be the responsibility of the Service Provider to clear the line of obstructions such as solids, roots and protruding service connections that will prevent the insertion of the liner. If inspection reveals an obstruction such as protruding service connection, dropped joint, or a collapse that will prevent the cured-in-place pipe process, and it cannot be removed by conventional sewer cleaning equipment, then the City of Fort Collins project manager will make a decision for the appropriate action prior to the commencement of the work. 10. Service Line Location During the inspection of the sanitary and storm sewer lines the Service Provider will be responsible for locating all service connections to the sanitary and storm sewer mains. The Service Provider will also determine if each individual service connection is active or inactive and to what property they are connected. Inactive service connections may or may not be reconnected. The project manager will make the final decision on reconnecting inactive services. RFP 8847 Cured-In-Place Pipe Sanitary Sewers/Stormwater Mains Rehabilitation Page 8 of 126 11. Inspection of Pipeline Prior to lining the pipe the Service Provider will clean and television inspect the sanitary and storm sewer lines. The Service Provider will inspect the sanitary and storm lines with a closed circuit television unit (CCTV). At the time of this inspection the Service Provider will produce a hard copy TV reports and video files of the complete project. 12. Hours Working hours are from 8:00 am to 5:00 pm Monday through Friday and does not include recognized holidays. City Project Manager may agree, in writing, to overtime or night work if conditions require it. 13. Confined Space Entry Any Service Provider retained by the City of Fort Collins to perform permit space entry operations shall: Inform the City of Fort Collins of the permit space program that the Service Provider will follow and of any hazards confronted or created in permit spaces, whether through a debriefing or during the entry operations. 14. Traffic Control The Service Provider shall follow all City of Fort Collins codes and regulations, which include the “Manual of Traffic Control Devices” and the “Colorado Supplement” to this manual. The Service Provider will submit a written Traffic Control Plan in accordance with previously mentioned codes and manuals. When the contracted project requires more than one traffic control plan, more than one will be provided. All traffic control plans will be submitted to the Traffic Operations Superintendent. The Service Provider shall appoint a Traffic Control Supervisor to this project. The Traffic Control Supervisor shall be certified as a Worksite Traffic Supervisor by the American Safety Services Association (ATSSA). Traffic control is to be paid for as part of the unit price for various other work and shall not be paid for separately. 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. RFP 8847 Cured-In-Place Pipe Sanitary Sewers/Stormwater Mains Rehabilitation Page 9 of 126 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. 15. Public Information and Notification The Service Provider will be responsible for contacting each home/apartment or business connected to the sanitary sewer informing them of the work to be done, and when the system will be off line and including but not limited to the following: a. Written notification to be delivered by mail one week prior to installation to each home or business describing work, schedule, what impact or how it affects tenants or owners, and a local telephone number of the Service Provider they can call to discuss the project or problems. This is mandatory no exceptions will be allowed. Service Provider is required to work with Utilities Customer Connections staff to create the notification. b. Personal contact with homeowners or apartment manager/front office on the day of pre-installation inspection of the sewer. Each lateral shall be verified by having the owner/tenant run water down their drain. If the owner/tenant is unavailable, other arrangements shall be made to drain water through the lateral. c. Personal contact with owner/tenant or apartment manager/front office and written notice the day prior to beginning reconstruction of the section of sewer to which they are connected. d. Personal contact with any home or business which cannot be reconnected within the time stated in the written notice. e. If required by a served business or homeowner, portable toilets for use by the occupants will be furnished and serviced by the Service Provider. The cost of these items is considered to be included in the cost of the cured-in-place pipe installation. No additional payment will be made for these items. f. Daily notification of job location and schedule to the project manager is mandatory. This will be accomplished by emailing a report the night before or on the morning work will begin. This will be done for each location. The City of Fort Collins Utilities project manager will provide the necessary email information at the pre-construction meeting. g. The use of water from fire hydrants will be free to the Service Provider. However a hydrant meter/backflow preventer with auxiliary valve will be connected to the approved fire hydrant. Only fire hydrants approved by the City of Fort Collins will RFP 8847 Cured-In-Place Pipe Sanitary Sewers/Stormwater Mains Rehabilitation Page 10 of 126 be used. All fire hydrant use will be coordinated through the Water Utilities leak detection specialist Lindy Westcott @ 970-221-6234 or 970-222-0064. 16. Installation Cured-in-place pipe installation shall be in accordance with ASTM F1216, Section 7. The quantity of resin used for tube impregnation shall be sufficient to fill the volume or air voids in the tube with additional allowances for polymerization shrinkage and the loss of resin through cracks and irregularities in the original pipe wall. A vacuum impregnation process shall be used. A roller system shall be used to uniformly distribute the resin throughout the tube. 17. Reinstatement of branch connections Branch connections will be reopened without excavation, utilizing a remote controlled cutting device, monitored by a video TV camera. The Service Provider will certify they have a minimum of two (2) complete working cutters before reconstruction. No additional payment will be made for excavations for the purpose of reopening connections and the Service Provider will be responsible for all costs and liability associated with such excavation and restoration work. No service connection will remain out of service for more than 24 hours without the Service Provider providing some means of temporary facilities or hotel accommodations for the residents. Service lines will be reconnected with 100% of their original capacity. 18. Quality control The Service Provider will be responsible for the quality, safety and protection of work until accepted by the City of Fort Collins. 19. Inspection Cured-in-place pipe samples will be prepared and tested in accordance with ASTM F1216, Section 8.1 using method 8.1.1 when space and size permits. The results will be submitted to the City of Fort Collins. A television inspection of the completed project will be performed by the Service Provider. The City of Fort Collins will have a representative present at the time of this inspection. At the time of this inspection the Service Provider will produce a DVD of the entire project/work order. These video DVD’s will be delivered to the project manager at completion of the project/work order. The Service Provider will maintain bypassing operations during this inspection so the entire circumference of the pipe can be viewed. 20. Materials The tube requirement shall meet the requirements of ASTM F1216. 21. Quarter Section Maps and TV Report Awarded Service Provider will be expected to sign a Non-Disclosure form (attached) in order to receive the quarter section maps. The City will provide a copy of the TV report, if available, to the awarded Service Provider. RFP 8847 Cured-In-Place Pipe Sanitary Sewers/Stormwater Mains Rehabilitation Page 11 of 126 B. ADDITIONAL TERMS 1. 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 personal conduct of the Service Provider and its staff has a direct impact on the quality of performance. Unacceptable personal conduct/behavior by the Service Provider, as defined herein, may result in immediate or early termination of the Agreement. The City may request the Service Provider to immediately remove from this assignment any employee found unfit to perform duties due to one or more of the following reasons: (1) Neglect of duty. (2) Disorderly conduct, use of abusive or offensive language, quarreling, intimidation by words or actions or fighting. (3) Theft, vandalism, immoral conduct or any other criminal action. (4) Selling, consuming, possessing, or being under the influence of intoxicants, including alcohol, or 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 Service Provider working for the City shall present a clean and neat appearance. Prior to performing any work for the City, Service Provider shall require each of their employees to wear ID badges or uniforms identifying: Service Provider 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. 2. Language Requirement The Service Provider shall have a person at each job site while work is being performed who is able to speak English. 3. 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 Service Provider 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 Service Provider. 4. Fees, Licenses, Permits The successful Vendor 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. Projects within the State Highways require a permit from the Colorado Department of Transportation. The Service Provider shall make application to the City of Fort Collins by filling out the appropriate forms. RFP 8847 Cured-In-Place Pipe Sanitary Sewers/Stormwater Mains Rehabilitation Page 12 of 126 Before and after normal working hours 8 am to 5 pm the City of Fort Collins requires a noise ordinance variance permit. The request form can be obtained at https://www.fcgov.com/specialevents/pdf/noise-variance-form.pdf. If Service Provider vehicles or equipment are parked in designated parking areas parking permits will need to be obtained from parking enforcement at 970-221-6617. 5. Project Contact Service Provider(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. 6. Measurement and payment Payment will be made based on unit price of material actually installed in the sanitary and storm water systems. Measurement for cured-in-place pipe payment will be that footage measured from center of manhole to center of manhole or actual length of line. 7. Invoicing and Payment Invoices should be emailed monthly to invoices@fcgov.com with a copy to the Project Manager. The cost of the work completed shall be paid to the Vendor each month following the submittal of a correct invoice by the Vendor indicating the project name, Purchase Order number, 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. Payments will be made using the prices listed on the agreed-to Unit Price Schedule. In the event a service is requested which is not listed on the Unit Price Schedule, the Vendor and the City will negotiate an appropriate unit price for the service prior to Consultant initiating such work. The City pays invoices on Net 30 terms. 8. Warranty The Service Provider and the manufacturer shall warranty all materials and workmanship for a period of two (2) calendar years. The warranty shall cover, but not limited to the following: Defects discovered in material used in the project. Failure of liner to remain formed to the previously existing sewer line. Lateral connections that were active but not reconnected to the line at the time of construction. Any damages resulting from same. 9. Certificate of Insurance and Bonds Service Provider must provide certificate of insurance as indicated in the attached Exhibit. Performance and Payment Bonds for one-hundred percent (100%) of the project will be required from each project with a total cost exceeding one-hundred thousand dollars ($100,000). RFP 8847 Cured-In-Place Pipe Sanitary Sewers/Stormwater Mains Rehabilitation Page 13 of 126 10. Retainage 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 Project Manager may withhold, in accordance with paragraph 14.7 of the General Conditions. 11. Use of Subcontractors Vendors will be responsible for identifying any subcontractors in their proposal. Please note that the City will contract solely with the awarded Vendor; therefore, subcontractors will be the responsibility of the Vendor. 12. Construction Services Construction services are to include, but are not limited to the following, as necessary: full time site supervision; stormwater management; site protection and security; traffic control; warranty and management of project safety and quality control. 13. Contract Documents Samples of the documents that may comprise the Agreement concerning the Work include the Service Agreement, EJCDC General Conditions, Supplementary Conditions, the City of Fort Collins Development Construction Standards for Water, Wastewater and Stormwater located at https://www.fcgov.com/utilities/img/site_specific/uploads/water_wastewater_construc tion_standards.pdf, the documents included in the Work Orders, and such other items as are referenced in this RFP. 14. 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 Service Provider 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 Service Provider must call 911 prior to notifying the Utility Operator. The Service Provider 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 Service Provider 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. 15. Safety Practices, Safety Documentation and Training Service Provider(s) shall comply with all engineering, safety, and operating requirements concerning installation of equipment in, on or around utility facilities; obtaining access facilities; and adhering to operating rules and requirements involving safe contact with utility equipment and water, gas and power lines, and confined spaces. Service Provider(s) shall adopt Utility's minimum safety standards as the baseline requirements. RFP 8847 Cured-In-Place Pipe Sanitary Sewers/Stormwater Mains Rehabilitation Page 14 of 126 16. Current standards The Service Provider(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 Service Provider(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 Service Provider’s expense. All work and/or materials must meet current standards in force by recognized technical and professional societies, trade and materials supply associations, institutes and organizations, bureaus and testing laboratories, and national, federal, state, county, and local laws, codes and ordinances. All work shall be performed in accordance with ANSI Z133.1 A300 and applicable OSHA and AWWA Standards. Service Provider(s) are retained by the City of Fort Collins based on Service Provider’s expertise and experience in the type of work that is the subject of this Contract. Service Provider(s) represent and warrant that Service Provider is familiar with the aforementioned Codes. Construction methods and techniques used by the Service Provider(s) shall be in accordance with the recommended practices and procedures published by leading industry manufacturers and trade associations. 17. Proposal Format Please limit the total length of your proposal to a maximum of twenty-five (25) double sided or fifty (50) single sided 8 ½ x 11” pages (excluding cover pages, table of contents, dividers and Vendor Statement form). Font shall be a minimum of 10 Arial and margins are limited to no less than .5” for sides and top/bottom. Extended page sizes, such as 11” x 17”, count as a single page. Please, no embedded documents. Proposals that do not conform to these requirements may be rejected. 18. Schedule: All work to be completed within 90 days of notice to proceed. Issuance of RFP February 11, 2019 Preproposal Meeting February 20, 2019 RFP Questions Due February 26, 2019 RFP Proposals Due March 11, 2019 Notice of Short List March 27, 2019 Interviews(tentative) April 10 &11 Start Work First week of June 19. Work Orders The awarded Vendor(s) will be expected to sign the City’s standard work order type services agreement, a sample of which is attached as Section VI for reference purposes. In the event that the City has agreements with multiple Vendors for the Work, the City reserves the right to choose which Vendor to contact regarding the project, 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 RFP 8847 Cured-In-Place Pipe Sanitary Sewers/Stormwater Mains Rehabilitation Page 15 of 126 outlined in the work order will conform with those submitted in the RFP response and subsequently included in the contract. No work order over $5,000 will be considered valid until signed, at a minimum, by the Vendor, 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 Vendor, project manager and Purchasing Department representative. 20. Pricing Specifications Pricing shall remain valid during the initial 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 Service Provider 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. Service Providers 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 Service Provider for installation. If Service Provider 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 Service Provider shall provide cost or pricing data including but not limited to subcontractor quotes, material quotes, invoices, labor, equipment usage, etc. 21. Interviews In addition to submitting a written proposal, the top-rated Vendors may be interviewed by the RFP assessment team and asked to participate in an oral presentation to provide an overview of the company, approach to the project and to address questions. The evaluation criteria for the oral interviews will be the same as the criteria for the written evaluations and is included in Section IV. RFP 8847 Cured-In-Place Pipe Sanitary Sewers/Stormwater Mains Rehabilitation Page 16 of 126 III. PROPOSAL SUBMITTAL For this section, Service Providers are required to provide detailed written responses to the following items in the order outlined below. The responses shall be considered technical offers of what Service Providers propose to provide and shall be incorporated in the contract award as deemed appropriate by the City. A proposal that does not include all the information required may be deemed non-responsive and subject to rejection. Responses must include all the items in the order listed below. It is suggested that the Service Providers include each of the City’s questions with their response immediately following the question. The City of Fort Collins shall not reimburse any firm for costs incurred in the preparation and presentation of their proposal. Cover Letter / Executive Summary The Executive Summary should highlight the content of the proposal and features of the program offered, including a general description of the program and any unique aspects or benefits provided by your firm. Indicate your availability to participate in the interviews/demonstrations on the proposed dates as stated in the Schedule section. B. Service Provider Information 1. Describe the Service Provider’s business and background, including an overview of services offered and qualifications 2. Number of years in the business 3. Details about ownership 4. Size of the firm 5. Location(s) of offices. If multiple, please identify which will be the primary for our account. 6. Primary contact information for the company including contact name(s) and title(s), mailing address(s), phone number(s), and email address(s). Complete Vendor Statement. 7. Provide the name, address and phone number of the firm’s bonding agent. Provide a letter from the bonding agent indicating the firm’s bonding capacity. Capacity up to $1,000,000 may be required. C. Scope of Proposal 1. Provide a detailed & technical narrative of the processes proposed if awarded the contract per the scope above. The narrative should include any options that may be beneficial for the City to consider. Materials to be used are to be mentioned. 2. Describe how the City’s projects will be managed. 3. Describe the methods and timeline of communication your firm will use with the City’s Project Manager and other parties. 4. Include a description of the software and other analysis tools to be used. 5. Describe your pothole process, inception through restoration. 6. Provide a list of equipment and available labor that may be utilized during the course of work. Hourly rates for equipment and labor shall be included. 7. List all projects and contract amounts completed by the firm in the past three (3) years. RFP 8847 Cured-In-Place Pipe Sanitary Sewers/Stormwater Mains Rehabilitation Page 17 of 126 8. Provide a brief summary of at least three (3) projects similar to this RFP’s scope of work completed by the firm in the last three (3) years. Highlight any participation by key staff proposed for this project. Provide data on: a. Project title, owner’s name b. Description of work c. Bid/work order cost d. Cost at completion and number of change orders e. Service Provider, subcontractor or owner initiated claims and their resolution f. Contracted amount of time for completion and actual completion time. g. Subcontractors on the team h. Brief discussion of any unusual factor is encouraged (e.g. Owner initiated delays, additions to the work, etc.). i. Provide an owner reference (contact name, phone number and email) for cited projects. 9. Describe any damages caused by Service Provider to others’ property during the last three (3) years. Indicate how the damages were handled, who handled them and who paid for them. 10. Describe your change order process. 11. Provide specifications for the proposed material your firm would provide for us. 12. Provide a description of how and where your firm proposes to dispose of waste. 13. Indicate what warranty will be provided to the City of Fort Collins. 14. Describe project problems encountered in other similar implementation projects and how your firm managed these issues. D. Firm Capability Provide relevant information regarding previous experience related to this or similar Projects, to include the following: 1. Provide an Organization Chart/Proposed Project Team: An organization chart containing the names of key personnel and subcontractor with titles and their specific task assignment for this Agreement shall be provided in this section. 2. Job descriptions of key positions (i.e., onsite supervisor, all personnel of installation crew, others as appropriate). 3. A list of qualifications for your firm and qualifications and experience of the specific staff members proposed to perform the consulting services described above. 4. Provide an owner reference for six (6) similar projects with agencies in the last five (5) years that have involved the staff proposed to work on this project. NOTE: If your firm has worked for the City previously, one City reference is acceptable, while the other references and experience are from outside the City. Include the following: a. Project title, owner’s name b. Description of work c. Bid/work order cost d. Cost at completion and number of change orders e. Service Provider, subcontractor or owner initiated claims and their resolution f. Contracted amount of time for completion and actual completion time. g. Subcontractors on the team h. Brief discussion of any unusual factor is encouraged (e.g. Owner initiated delays, additions to the work, etc.). i. Provide an owner reference (contact name, phone number and email) for cited projects. RFP 8847 Cured-In-Place Pipe Sanitary Sewers/Stormwater Mains Rehabilitation Page 18 of 126 5. Describe an experience by the firm or key staff which demonstrates your ability to work with owners in a team environment. 6. Identify what portion of work, if any, may be subcontracted. 7. Describe which portions of the work (if any) will be performed by subcontractors. 8. Provide examples of at least two projects where you’ve worked with your subcontractors. List the subcontractor firm(s) for this Agreement, their area(s) of expertise, and include all other applicable information herein requested for each subcontractor. 9. Describe the process for conflict resolution, both internally and externally. 10. Some functions of this project may require the use of subcontractors. If you intend to utilize subcontractors, list each firm and provide a paragraph or two identifying their key personnel. 11. Indicate the resources available for construction approach and methods, construction sequencing and scheduling, and equipment scheduling. E. Assigned Personnel 1. List of project personnel: This list should include the identification of the contact person with primary responsibility for this Agreement, the personnel proposed for this Agreement, and any supervisory personnel, including partners and/or subcontractors, and their individual areas of responsibility. Resumes or work history of individuals proposed to fill these key positions are to be included. Please limit resumes to one-half page each. 2. Describe the roles and job duties of project personnel, including where that person does the majority of his work (office/field). 3. Define who will negotiate (a) the master agreement; and (b) individual workorders. 5. Indicate if key staff will be assigned to manage the work for the duration of the contract. 6. Indicate if the City would be allowed to review resumes of any key replacement staff. F. Safety & Availability 1. Service Providers are asked to provide their “OSHA Lost Time Rate” and “OSHA Recordable Incident Rate”, accompanied by the Service Providers OSHA 300 log for the last full year. Service Providers must also provide a letter from NCCI showing the current year Experience Modification Rate. 2. Describe the availability of project personnel to participate in this project in the context of the Service Provider firm’s other commitments. 3. Provide an overview of your safety program. 4. What training is provided to employees regarding safety? Regarding being around equipment? How often is it provided? 5. Explain how the Service Provider tracks potential project risks. 6. Explain how the Service Provider identifies, communicates and determines, with the City, an acceptable level of risk. 7. Describe risk-sharing strategies employed by the Service Provider. 8. Describe the detailed Risk Management plan, tracking and mitigation process to be included as part of this implementation. RFP 8847 Cured-In-Place Pipe Sanitary Sewers/Stormwater Mains Rehabilitation Page 19 of 126 G. Sustainability/TBL Methodology In concise terms (no more than two pages), please describe how your organization strives to be sustainable. Address how your firm incorporates Triple Bottom Line (TBL) into the workplace. See the section titled Review and Assessment for additional information. Please highlight any areas of opportunity in the project where sustainability could be applied and/or improved. H. Costs 1. Complete the Unit Price Schedule, issued separately as part of the Unit Price Sheet. 2. Provide costs for additional services you offer that are not included on the Unit Price Schedule. 3. Provide, in detail, the fee schedules for the following, if any, for: a. Obtaining private locates b. Quality control c. Traffic control 4. Provide a list of equipment and available labor that may be utilized during the course of work. Hourly rates for equipment and labor shall be included. I. Additional Information 1. Provide any information that distinguishes Service Provider from its competition and any additional information applicable to this RFP that might be valuable in assessing Service Provider’s proposal. 2. Explain any concerns Service Provider may have in maintaining objectivity in recommending the best solution. All potential conflicts of interest must be disclosed. 3. Exceptions to the attached Sample Agreement shall be documented in this section. RFP 8847 Cured-In-Place Pipe Sanitary Sewers/Stormwater Mains Rehabilitation Page 20 of 126 IV. REVIEW AND ASSESSMENT CRITERIA Proposal and Interview Criteria Vendors will be evaluated on the following criteria. These criteria will be the basis for review and assessment of the written proposals and optional interview session. At the discretion of the City, interviews of the top-rated Vendors may be conducted. The rating scale shall be from 1 to 5, with 1 being a poor rating, 3 being an average rating, and 5 being an outstanding rating. WEIGHTING FACTOR QUALIFICATION STANDARD 2.0 Scope of Proposal Does the proposal address all elements of the RFP? Does the proposal show an understanding of the project objectives, methodology to be used and results/outcomes required by the project? Are there any exceptions to the specifications, Scope of Work, or agreement? 2.0 Firm Capability Does the firm have the resources, financial strength, capacity and support capabilities required to successfully complete the project on- time and in-budget? Has the firm successfully completed previous projects of this type and scope? 2.0 Assigned Personnel Do the persons who will be working on the project have the necessary skills and qualifications? Are sufficient people of the requisite skills and qualifications assigned to the project? 1.0 Safety & Availability Can the work be completed in the necessary time? Can the target start and completion dates be met? Are other qualified personnel available to assist in meeting the project schedule if required? Is the project team available to attend meetings as required by the Scope of Work? How does your “OSHA Lost Time Rate” and “OSHA Recordable Incident Rate” compare? How does your firm manage safety training and risk management? 1.0 Sustainability/TBL Methodology Does the firm demonstrate a commitment to Sustainability and incorporate Triple Bottom Line methodology in both their Scope of Work for the project, and their day-to-day business operating processes and procedures? 2.0 Cost & Work Hours Does the proposal included detailed cost break- down for each cost element as applicable and are the line-item costs competitive? Do the RFP 8847 Cured-In-Place Pipe Sanitary Sewers/Stormwater Mains Rehabilitation Page 21 of 126 proposed cost and work hours compare favorably with the Project Manager's estimate? Are the work hours presented reasonable for the effort required by each project task or phase? Definitions Sustainable Purchasing is a process for selecting products or services that have a lesser or reduced negative effect on human health and the environment when compared with competing products or services that serve the same purpose. This process is also known as “Environmentally Preferable Purchasing” (EPP), or “Green Purchasing”. The Triple Bottom Line (TBL) is an accounting framework that incorporates three dimensions of performance: economic, or financial; environmental, and social. The generally accepted definition for TBL is that it “captures the essence of sustainability by measuring the impact of an organization’s activities on the world…including both its profitability and shareholders values and its social, human, and environmental capital.” Reference Evaluation Criteria Prior to award, the Project Manager will check references using the following criteria. Negative responses from references may impact the award determination. CRITERIA STANDARD QUESTIONS Overall Performance Would you hire this Vendor again? Did they show the skills required by this project? Timetable Was the original Scope of Work completed within the specified time? Were interim deadlines met in a timely manner? Completeness Was the Vendor responsive to client needs; did the Vendor anticipate problems? Were problems solved quickly and effectively? Budget Was the original Scope of Work completed within the project budget? Job Knowledge If a study, did it meet the Scope of Work? If Vendor administered a construction contract, was the project functional upon completion and did it operate properly? Were problems corrected quickly and effectively? RFP 8847 Cured-In-Place Pipe Sanitary Sewers/Stormwater Mains Rehabilitation Page 22 of 126 EXHIBIT A SAMPLE 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 two (2) 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. No Work Order shall exceed $ . A general scope of services is attached hereto as Exhibit C, consisting of ( ) page(s), 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 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 B, 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 emergency service request. Oral emergency service requests will be acted upon without waiting for a written Work Order. Time is of the essence. RFP 8847 Cured-In-Place Pipe Sanitary Sewers/Stormwater Mains Rehabilitation Page 23 of 126 4. Contract Period. This Agreement shall commence , 20 and shall continue in full force and effect until , 20 , 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. 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: 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. 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, with markups, stated within the Bid Schedule Proposal Form, attached hereto as Exhibit , consisting of ( ) page(s), and incorporated herein by this reference. Payment shall be made by the City Net 30 days from the date of the invoice and 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 RFP 8847 Cured-In-Place Pipe Sanitary Sewers/Stormwater Mains Rehabilitation Page 24 of 126 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 SERVICE PROVIDER agree that as liquidated damages for delay (but not as penalty) SERVICE PROVIDER 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 Service Provider. It is agreed that in the performance of any services hereunder, the Service Provider is an independent 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. 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 RFP 8847 Cured-In-Place Pipe Sanitary Sewers/Stormwater Mains Rehabilitation Page 25 of 126 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. 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 or persons, or damages to property arising out of, result from or occurring in connection with the performance of any service hereunder. b. The Service Provider shall take all necessary precautions in performing the work hereunder to prevent injury to persons and property. c. Without limiting any of the Service Provider's obligations hereunder, the Service Provider shall provide and maintain insurance coverage naming the City as an additional insured under this Agreement of the type and with the limits specified within Exhibit , consisting of one (1) page, attached hereto and incorporated herein by this reference. The Service Provider before commencing services hereunder shall deliver to the City's 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. RFP 8847 Cured-In-Place Pipe Sanitary Sewers/Stormwater Mains Rehabilitation Page 26 of 126 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. 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. RFP 8847 Cured-In-Place Pipe Sanitary Sewers/Stormwater Mains Rehabilitation Page 27 of 126 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 - Confidentiality consisting of three (3) pages, attached hereto and incorporated herein by this reference. RFP 8847 Cured-In-Place Pipe Sanitary Sewers/Stormwater Mains Rehabilitation Page 28 of 126 THE CITY OF FORT COLLINS, COLORADO By: Gerry Paul Purchasing Director DATE: ATTEST: APPROVED AS TO FORM: SERVICE PROVIDER'S NAME By: Printed: Title: CORPORATE PRESIDENT OR VICE PRESIDENT Date: RFP 8847 Cured-In-Place Pipe Sanitary Sewers/Stormwater Mains Rehabilitation Page 29 of 126 EXHIBIT WORK ORDER FORM (Short form) PURSUANT TO A MASTER AGREEMENT BETWEEN THE CITY OF FORT COLLINS AND SERVICE PROVIDER'S NAME WORK ORDER NUMBER: PM's Tracking # PROJECT TITLE: ORIGINAL BID/RFP NUMBER & NAME: MASTER AGREEMENT EFFECTIVE DATE: Original Contract Date 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: Service Provider's Name By: Date: Name: Title: RFP 8847 Cured-In-Place Pipe Sanitary Sewers/Stormwater Mains Rehabilitation Page 30 of 126 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) RFP 8847 Cured-In-Place Pipe Sanitary Sewers/Stormwater Mains Rehabilitation Page 31 of 126 EXHIBIT WORK ORDER FORM (Construction over $100,000) FORT COLLINS UTILITIES CONSTRUCTION WORK ORDER PROJECT TITLE WORK ORDER NO. PM'S TRACKING # SERVICE PROVIDER: Company Name RFP 8847 Cured-In-Place Pipe Sanitary Sewers/Stormwater Mains Rehabilitation Page 32 of 126 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 (SERVICE PROVIDER) 00651 Lien Waiver Release (SUBCONTRACTOR) 00660 Consent of Surety 00670 Application for Exemption Certificate 00800 Supplementary Conditions 00900 Addenda, Modifications and Payment 00950 Work Order Change Order Form 00960 Application for Payment ADDITIONAL DOCUMENTS Attachment A DRAWING INDEX RFP 8847 Cured-In-Place Pipe Sanitary Sewers/Stormwater Mains Rehabilitation Page 33 of 126 SECTION 00500 CONSTRUCTION WORK ORDER AGREEMENT FORMS 00525 Work Order, Notice of Award & Bid Schedule 00530 Work Order Notice to Proceed RFP 8847 Cured-In-Place Pipe Sanitary Sewers/Stormwater Mains Rehabilitation Page 34 of 126 SECTION 00525 WORK ORDER, NOTICE OF AWARD AND BID SCHEDULE TO: Company Name WORK ORDER NUMBER: PM's Tracking # PROJECT TITLE: ORIGINAL BID/RFP NUMBER & NAME: MASTER AGREEMENT EFFECTIVE DATE: Original Contract Date 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 Original Contract Date, 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 SERVICE PROVIDER 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 SERVICE PROVIDER agree that as liquidated damages for delay (but not as penalty) CONTACTOR shall pay OWNER the amounts set forth hereafter. 1) Substantial Completion: Written Dollar Amount ($Numerical Dollar Amount) for each calendar day or fraction thereof after Date until the work is Substantially Complete. RFP 8847 Cured-In-Place Pipe Sanitary Sewers/Stormwater Mains Rehabilitation Page 35 of 126 2) Final Acceptance: After Substantial Completion, Written Dollar Amount ($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. SERVICE PROVIDER 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 SERVICE PROVIDER'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 SERVICE PROVIDER 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. Service Provider 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. 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. SERVICE PROVIDER’S NOTICE OF AWARD REPRESENTATION & EXECUTION: RFP 8847 Cured-In-Place Pipe Sanitary Sewers/Stormwater Mains Rehabilitation Page 36 of 126 SERVICE PROVIDER 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. SERVICE PROVIDER: Company Name By: Date: Name: Title: RFP 8847 Cured-In-Place Pipe Sanitary Sewers/Stormwater Mains Rehabilitation Page 37 of 126 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) RFP 8847 Cured-In-Place Pipe Sanitary Sewers/Stormwater Mains Rehabilitation Page 38 of 126 BID SCHEDULE Insert Work Order Quote/Proposal Here RFP 8847 Cured-In-Place Pipe Sanitary Sewers/Stormwater Mains Rehabilitation Page 39 of 126 SECTION 00530 WORK ORDER NOTICE TO PROCEED NOTICE TO PROCEED DATE: WORK ORDER TITLE: WORK ORDER NUMBER: TO: Attn: 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 SERVICE PROVIDER and the OWNER. That the required SERVICE PROVIDER'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 SERVICE PROVIDER 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. (SERVICE PROVIDER) By: ___________________________________________ Name, Title RFP 8847 Cured-In-Place Pipe Sanitary Sewers/Stormwater Mains Rehabilitation Page 40 of 126 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 (SERVICE PROVIDER) 00651 Lien Waiver Release (SUBCONTRACTOR) 00660 Consent of Surety 00670 Application for Exemption Certificate RFP 8847 Cured-In-Place Pipe Sanitary Sewers/Stormwater Mains Rehabilitation Page 41 of 126 SECTION 00610 PERFORMANCE BOND Bond No __ KNOW ALL MEN BY THESE PRESENTS: that (Firm) (Address) (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 Day day of Month, Year, 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 SERVICE PROVIDER 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. RFP 8847 Cured-In-Place Pipe Sanitary Sewers/Stormwater Mains Rehabilitation Page 42 of 126 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 SERVICE PROVIDER is Partnership, all partners should execute Bond. RFP 8847 Cured-In-Place Pipe Sanitary Sewers/Stormwater Mains Rehabilitation Page 43 of 126 SECTION 00615 PAYMENT BOND Bond No __ KNOW ALL MEN BY THESE PRESENTS: that (Firm) (Address) (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 Day day of Month, Year, 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 SERVICE PROVIDER 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. RFP 8847 Cured-In-Place Pipe Sanitary Sewers/Stormwater Mains Rehabilitation Page 44 of 126 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 SERVICE PROVIDER is Partnership, all partners should execute Bond. RFP 8847 Cured-In-Place Pipe Sanitary Sewers/Stormwater Mains Rehabilitation Page 45 of 126 SECTION 00630 CERTIFICATE OF INSURANCE SERVICE PROVIDER shall submit Certificate of Insurance in compliance with the Work Order Documents. RFP 8847 Cured-In-Place Pipe Sanitary Sewers/Stormwater Mains Rehabilitation Page 46 of 126 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 SERVICE PROVIDER: 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, SERVICE PROVIDER, 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 SERVICE PROVIDER to complete all the Work in accordance with the Work Order Documents. _____________________________ By: __________________________ ________ PROJECT MANAGER AUTHORIZED REPRESENTATIVE DATE The SERVICE PROVIDER accepts the above Certificate of Substantial Completion and agrees to complete and correct the items on the tentative list within the time indicated. _____________________________ By: __________________________ ________ SERVICE PROVIDER 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: _________________________________________________________________ ____________________________________________________________________________ ____________________________________________________________________________ RFP 8847 Cured-In-Place Pipe Sanitary Sewers/Stormwater Mains Rehabilitation Page 47 of 126 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 Service Provider Company Name, 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 RFP 8847 Cured-In-Place Pipe Sanitary Sewers/Stormwater Mains Rehabilitation Page 48 of 126 SECTION 00650 LIEN WAIVER RELEASE (SERVICE PROVIDER) TO: City of Fort Collins, Colorado (OWNER) FROM: Company Name (SERVICE PROVIDER) WORK ORDER TITLE: WORK ORDER NUMBER: 1. The SERVICE PROVIDER acknowledges having received payment, except retainage from the OWNER for all work, labor, skill and material furnished, delivered and performed by the SERVICE PROVIDER 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 SERVICE PROVIDER 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 SERVICE PROVIDER 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 SERVICE PROVIDER 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 SERVICE PROVIDER or its agents, employees, and servants, or by and through the SERVICE PROVIDER 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 SERVICE PROVIDER 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 SERVICE PROVIDER'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. RFP 8847 Cured-In-Place Pipe Sanitary Sewers/Stormwater Mains Rehabilitation Page 49 of 126 Signed this ______ day of __________, ___. SERVICE PROVIDER: Company Name 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 RFP 8847 Cured-In-Place Pipe Sanitary Sewers/Stormwater Mains Rehabilitation Page 50 of 126 SECTION 00650 LIEN WAIVER RELEASE (SUBCONTRACTOR) TO: City of Fort Collins, Colorado (OWNER) FROM: Company Name (SERVICE PROVIDER) WORK ORDER TITLE: WORK ORDER NUMBER: 1. The SubService Provider acknowledges having received payment from the SERVICE PROVIDER for all work, labor, skill and material furnished, delivered and performed by the Subcontractor for the SERVICE PROVIDER 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 SERVICE PROVIDER 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 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 SERVICE PROVIDER or its officers, agents, employees or assigns arising out of the project. 4. The Subcontractor agrees to defend and hold harmless the SERVICE PROVIDER, the lender, if any, and the Surety on the project against and from any claim hereinafter made by the Subcontractor's subcontractors, materialmen, employees, servants, agents or assigns against the project or against the SERVICE PROVIDER 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 SERVICE PROVIDER, OWNER, the lender, if any, and Surety on any labor and material bonds for the project. RFP 8847 Cured-In-Place Pipe Sanitary Sewers/Stormwater Mains Rehabilitation Page 51 of 126 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 RFP 8847 Cured-In-Place Pipe Sanitary Sewers/Stormwater Mains Rehabilitation Page 52 of 126 SECTION 00660 CONSENT OF SURETY TO: City of Fort Collins, Colorado (hereinafter referred to as the "OWNER") SERVICE PROVIDER: Company Name TITLE: WORK ORDER NUMBER: WORK ORDER DATE: In accordance with the provisions of the Work Order and Master Agreement between the OWNER and the SERVICE PROVIDER as indicated above, for the Work Order titled Work Order Project Title on bond of , (Surety) _______________________________________ hereby approves of the Final Payment to the SERVICE PROVIDER, and agrees that Final Payment to the SERVICE PROVIDER 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. RFP 8847 Cured-In-Place Pipe Sanitary Sewers/Stormwater Mains Rehabilitation Page 53 of 126 RFP 8847 Cured-In-Place Pipe Sanitary Sewers/Stormwater Mains Rehabilitation Page 54 of 126 SECTION 00900 ADDENDA, MODIFICATIONS AND PAYMENT 00950 Change Order 00960 Application for Payment RFP 8847 Cured-In-Place Pipe Sanitary Sewers/Stormwater Mains Rehabilitation Page 55 of 126 SECTION 00950 CHANGE ORDER NO. PROJECT TITLE: SERVICE PROVIDER: [Service Provider] 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 SERVICE PROVIDER: Company Name 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) RFP 8874 Cured-In-Place Pipe Sanitary Sewers/Stormwater Mains Rehabilitation Page 56 of 126 SECTION 00960APPLICATION 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. 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. RFP 8874 Cured-In-Place Pipe Sanitary Sewers/Stormwater Mains Rehabilitation Page 57 of 126 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 $ - $ - $ - $ - $ - RFP 8874 Cured-In-Place Pipe Sanitary Sewers/Stormwater Mains Rehabilitation Page 58 of 126 ATTACHMENT A DRAWING INDEX WORK ORDER # WORK ORDER TITLE BY: Company Name who last revised the drawings Sheet Title Drawing Revision Date RFP 8874 Cured-In-Place Pipe Sanitary Sewers/Stormwater Mains Rehabilitation Page 59 of 126 EXHIBIT GENERAL SCOPE OF SERVICES RFP 8874 Cured-In-Place Pipe Sanitary Sewers/Stormwater Mains Rehabilitation Page 60 of 126 EXHIBIT (BID SCHEDULE/COMPENSATION) RFP 8874 Cured-In-Place Pipe Sanitary Sewers/Stormwater Mains Rehabilitation Page 61 of 126 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. RFP 8874 Cured-In-Place Pipe Sanitary Sewers/Stormwater Mains Rehabilitation Page 62 of 126 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. RFP 8874 Cured-In-Place Pipe Sanitary Sewers/Stormwater Mains Rehabilitation Page 63 of 126 EXHIBIT CHANGE ORDER NO. PROJECT TITLE: SERVICE PROVIDER: Company Name 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: Company Name 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) RFP 8874 Cured-In-Place Pipe Sanitary Sewers/Stormwater Mains Rehabilitation Page 64 of 126 EXHIBIT B SECTION 00700 GENERAL CONDITIONS RFP 8874 Cured-In-Place Pipe Sanitary Sewers/Stormwater Mains Rehabilitation Page 65 of 126 RFP 8874 Cured-In-Place Pipe Sanitary Sewers/Stormwater Mains Rehabilitation Page 66 of 126 RFP 8874 Cured-In-Place Pipe Sanitary Sewers/Stormwater Mains Rehabilitation Page 67 of 126 RFP 8874 Cured-In-Place Pipe Sanitary Sewers/Stormwater Mains Rehabilitation Page 68 of 126 RFP 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Sewers/Stormwater Mains Rehabilitation Page 101 of 126 RFP 8874 Cured-In-Place Pipe Sanitary Sewers/Stormwater Mains Rehabilitation Page 102 of 126 RFP 8874 Cured-In-Place Pipe Sanitary Sewers/Stormwater Mains Rehabilitation Page 103 of 126 RFP 8874 Cured-In-Place Pipe Sanitary Sewers/Stormwater Mains Rehabilitation Page 104 of 126 RFP 8874 Cured-In-Place Pipe Sanitary Sewers/Stormwater Mains Rehabilitation Page 105 of 126 RFP 8874 Cured-In-Place Pipe Sanitary Sewers/Stormwater Mains Rehabilitation Page 106 of 126 RFP 8874 Cured-In-Place Pipe Sanitary Sewers/Stormwater Mains Rehabilitation Page 107 of 126 RFP 8874 Cured-In-Place Pipe Sanitary Sewers/Stormwater Mains Rehabilitation Page 108 of 126 RFP 8874 Cured-In-Place Pipe Sanitary Sewers/Stormwater Mains Rehabilitation Page 109 of 126 RFP 8874 Cured-In-Place Pipe Sanitary Sewers/Stormwater Mains Rehabilitation Page 110 of 126 RFP 8874 Cured-In-Place Pipe Sanitary Sewers/Stormwater Mains Rehabilitation Page 111 of 126 RFP 8874 Cured-In-Place Pipe Sanitary Sewers/Stormwater Mains Rehabilitation Page 112 of 126 RFP 8874 Cured-In-Place Pipe Sanitary Sewers/Stormwater Mains Rehabilitation Page 113 of 126 RFP 8874 Cured-In-Place Pipe Sanitary Sewers/Stormwater Mains Rehabilitation Page 114 of 126 RFP 8874 Cured-In-Place Pipe Sanitary Sewers/Stormwater Mains Rehabilitation Page 115 of 126 RFP 8874 Cured-In-Place Pipe Sanitary Sewers/Stormwater Mains Rehabilitation Page 116 of 126 RFP 8874 Cured-In-Place Pipe Sanitary Sewers/Stormwater Mains Rehabilitation Page 117 of 126 RFP 8874 Cured-In-Place Pipe Sanitary Sewers/Stormwater Mains Rehabilitation Page 118 of 126 EXHIBIT C 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 SERVICE PROVIDER 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 SERVICE PROVIDER, 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 SERVICE PROVIDER 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 RFP 8874 Cured-In-Place Pipe Sanitary Sewers/Stormwater Mains Rehabilitation Page 119 of 126 action of SERVICE PROVIDER 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 Order Documents referencing the Master Agreement or other parts of the Work Order Documents, or permitting or requiring any action of SERVICE PROVIDER, 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. RFP 8874 Cured-In-Place Pipe Sanitary Sewers/Stormwater Mains Rehabilitation Page 120 of 126 SC-6 SERVICE PROVIDER’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 SERVICE PROVIDER. Other Laws and Regulations apply which are not included herein, and are within the SERVICE PROVIDER'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 SERVICE PROVIDER 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 SERVICE PROVIDER'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 SERVICE PROVIDER AND COMPLETION RFP 8874 Cured-In-Place Pipe Sanitary Sewers/Stormwater Mains Rehabilitation Page 121 of 126 SC-14.1. Add the following language to the end of paragraph 14.1 of the General Conditions: 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 Service Provider for mobilization in the first progress payment. RFP 8874 Cured-In-Place Pipe Sanitary Sewers/Stormwater Mains Rehabilitation Page 122 of 126 EXHIBIT D SAMPLE MUTUAL NON-DISCLOSURE AGREEMENT – NOT TO BE COMPLETED AT THIS TIME THIS MUTUAL NON-DISCLOSURE AGREEMENT (this “Agreement”), effective as of the day of , 20 , is between the City of Fort Collins, a Colorado home rule municipal corporation (the “City”), and (“Vendor”). The City and Vendor may hereinafter be referred to individually as a “Party” or collectively as the “Parties.” WHEREAS, Vendor and the City may engage in discussions regarding the City’s strategic technologies in relationship to sanitary sewers/stormwater mains rehabilitation (the “Purpose”); and WHEREAS, in the course of discussions, communications, and/or negotiations each Party may disclose to and/or receive from the other Party certain information belonging to the disclosing Party or its affiliates (collectively, the “Discloser”) that includes trade secrets, privileged information, or confidential commercial and information (“Confidential Information”); NOW, THEREFORE, in consideration of the foregoing and of the mutual covenants and promises set forth herein and for other good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged, the Parties agree as follows: 1. Records maintained by the City are subject to public disclosure pursuant to the Colorado Open Records Act (“CORA”). Certain confidential business records are exempt. If Vendor provides to the City documents that include trade secrets, privileged information, or confidential commercial or financial information, Vendor shall segregate any documents including such information from other documents provided to the City and shall clearly identify such documents with a stamp, watermark or other clear mark identifying the documents as confidential pursuant to CORA. 2. The Party receiving Confidential Information (the “Recipient”) (i) shall use such Confidential Information only for the Purpose; (ii) shall reproduce such Confidential Information only to the extent necessary for the Purpose; (iii) shall restrict disclosure of such Confidential Information to its, and its affiliates', employees and agents who need to know such Confidential Information to carry out the Purpose and who are not direct competitors of the Discloser (and require such employees and agents to undertake confidentiality and use obligations at least as restrictive as those Recipient assumes herein); (iv) shall not disclose such Confidential Information to any other Party without prior written approval of Discloser; and (v) shall protect such Confidential Information with at least the same degree of care as it normally exercises to protect its own proprietary information of a similar nature, which shall be no less than reasonable care. If Recipient discloses Confidential Information to an employee, affiliate, or other person in accordance with the terms of this Agreement, any subsequent disclosure or use of such Confidential Information by such employee, affiliate, or other person shall be deemed a disclosure or use by Recipient and Recipient shall be responsible for such disclosure or use. The Recipient shall immediately notify the Discloser upon the discovery of any loss or unauthorized disclosure or use of the Confidential Information of the Discloser. 3. The restrictions on use and disclosure of Confidential Information shall not apply unless such Confidential Information, when in tangible, electronic or viewable form is marked RFP 8874 Cured-In-Place Pipe Sanitary Sewers/Stormwater Mains Rehabilitation Page 123 of 126 confidential or proprietary by Discloser, or when disclosed only orally is both identified as confidential or proprietary at the time of disclosure and summarized in a writing so marked and provided to Recipient within thirty (30) days following the oral disclosure; except that any unmarked material and any verbally disclosed information that Recipient knows or reasonably should know to contain Confidential Information of the Discloser, including but not limited to business or technical information not generally known to the public, such as patents, copyrights, trademarks and trade secrets, as well as all written or oral pricing and contract proposals exchanged between the Parties shall be subject to the use and disclosure restrictions of this Agreement. Within the 30-day period referenced above, all Confidential Information communicated only orally shall be subject to the use and disclosure restrictions of this Agreement. 4. The restrictions on the use or disclosure of Confidential Information shall not apply to any information: a. Which is independently developed by the Recipient as evidenced by documentation in such Party's possession; or b. Which is lawfully received from another source free of restriction and without breach of this Agreement by the Recipient; or c. After it has become generally available to the public without breach of this Agreement by the Recipient; or d. Which at the time of disclosure to the Recipient was known to the Recipient free of restriction as evidenced by documentation in such Party's possession; or e. Which the Discloser agrees in writing is free of such restrictions. 5. All Confidential Information shall remain the exclusive property of the Discloser, and no license under any intellectual property right is either granted or implied by this Agreement or the conveying of Confidential Information to Recipient hereunder. Discloser makes no representations, warranties, assurances, guarantees or inducements of any kind, and, in particular, with respect to the non- infringement of any intellectual property rights, or other rights of third persons or of Discloser. 6. Neither this Agreement nor the disclosure or receipt of Confidential Information hereunder shall constitute or imply any promise or intention by either Party to enter into any transaction or business relationship, nor is it an inducement for either Party or its affiliated companies to spend funds or resources or purchase or provide products or services, nor is it any commitment by either Party or its affiliated companies with respect to the present or future marketing of any product or service. No such agreement will be binding unless and until stated in a separate writing signed by authorized representatives of both Parties. 7. Each Party agrees not to announce or disclose to any other person (other than persons described in Section 2(iii), above) the Confidential Information or the nature of any discussions concerning the Purpose without first securing the prior written approval of the other Party. All Confidential Information furnished hereunder shall be returned or destroyed upon written request or upon Recipient’s determination that it no longer has a need for such Confidential Information, except that Recipient’s legal counsel may retain RFP 8874 Cured-In-Place Pipe Sanitary Sewers/Stormwater Mains Rehabilitation Page 124 of 126 one copy in counsel’s files solely to provide a record of such Confidential Information for archival purposes. 8. The restrictions on use and disclosure of Confidential Information disclosed hereunder shall survive for a period of three (3) years from the date of last disclosure of any such Confidential Information (except in the case of software, for an indefinite period). Either Party may terminate this Agreement upon thirty (30) days advance written notice to the other. 9. All notices or communications required or permitted as a part of this Agreement shall be in writing (unless another verifiable medium is expressly authorized) and shall be deemed delivered when: a. actually received, b. upon receipt by sender of a certified mail, return receipt signed by an employee or agent of the Party, c. upon receipt by sender of proof of email receipt, or d. if not actually received, ten (10) days after deposit with the United States Postal Service authorized mail center with proper postage (certified mail, return receipt requested) affixed and addressed to the respective other party at the address set forth in this Agreement or such other address as the Party may have designated by notice or Agreement amendment to the other Party. The consequences of failure to receive a notice due to improper notification by the intended Recipient of a new address will be borne by the intended Recipient. The addresses of the Parties to this Agreement are as follows: City of Fort Collins 215 N. Mason PO Box 580 Fort Collins, CO 80522 Attention: Attention: Purchasing Director 10. This Agreement shall not be construed to limit either Party's right to independently develop or acquire products or services without use of the other Party's Confidential Information. 11. The restrictions on disclosure of Confidential Information under this Agreement shall not preclude Recipient, on the advice of counsel, from complying with applicable law, regulation, other governmental requirement or other demand under lawful process, including a discovery request in a civil litigation, if Recipient first gives Discloser notice of the required disclosure and cooperates with Discloser, at Discloser’s expense, in seeking reasonable protective arrangements. In no event shall Recipient be required to take any RFP 8874 Cured-In-Place Pipe Sanitary Sewers/Stormwater Mains Rehabilitation Page 125 of 126 action which, on the advice of Recipient’s counsel, could result in the imposition of any sanctions or other penalties by a court or government body. 12. Neither Party has any obligation to disclose Confidential Information to the other. Either Party may, at any time: (i) cease giving Confidential Information to the other Party without any liability, or (ii) request in writing return of Confidential Information previously disclosed. 13. Recipient acknowledges that Confidential Information provided under this Agreement may be subject to U.S. export laws or regulations. Recipient shall not use, distribute, transfer or transmit Confidential Information (even if incorporated into products, software or other information) except in compliance with such laws and regulations. If requested, Recipient shall sign written assurances and other export-related documents as may be required to comply with such laws or regulations. 14. Each Party agrees that all of its obligations undertaken herein as Recipient shall survive and continue after any termination of this Agreement, subject to Section 8 above. 15. No amendment or modification of this Agreement shall be valid or binding on the Parties unless made in writing and signed by duly authorized representatives of each Party. 16. Subject to the limitations set forth in this Agreement, this Agreement will inure to the benefit of and be binding upon the Parties. This Agreement may not be assigned by one Party without the other Party's prior written consent. 17. If any provision of this Agreement shall be held by a court of competent jurisdiction to be illegal, invalid or unenforceable, the remaining provisions shall remain in full force and effect to the greatest extent permitted by law. 18. No forbearance, failure or delay in exercising any right, power or privilege is waiver thereof, nor does any single or partial exercise thereof preclude any other or future exercise thereof, or the exercise of any other right, power or privilege. This Agreement is binding upon and inures to the benefit of the Parties and their heirs, executors, legal and personal representatives, successors and assigns, as the case may be. 19. This Agreement shall be governed by the laws of the State of Colorado, U.S.A., without regard to its conflicts of law principles. Each Party acknowledges and agrees that a breach by it or one of its affiliates, employees or representatives of any of the covenants set forth in this Agreement will cause irreparable injury to the other Party and its business for which damages, even if available, will not constitute an adequate remedy. Accordingly, each Party, for itself and its affiliates, employees and representatives, agrees that the other Party, in addition to any other remedy available at law or in equity, shall be entitled to the issuance of injunctive relief (including, without limitation, specific performance) by a court of competent jurisdiction in order to enforce the covenants and agreements contained herein. 20. Any judicial proceeding brought by or against any of the Parties on any dispute arising out of this Agreement or any matter related hereto shall be brought exclusively in the state district court sitting in Larimer County, Colorado, and by execution and delivery of this Agreement, each of the Parties accepts for itself the exclusive jurisdiction and venue of the aforesaid court as trial courts. Each Party expressly waives any objection (including, without limitation, objections based on forum non conveniens) which any Party may have RFP 8874 Cured-In-Place Pipe Sanitary Sewers/Stormwater Mains Rehabilitation Page 126 of 126 now or hereafter to the laying of venue or to the jurisdiction of any such suit, action, or proceeding, and irrevocably submits generally and unconditionally to the jurisdiction of any such court in any such suit, action, or proceeding. Each Party agrees that its attorneys shall accept service of process. 21. This Agreement constitutes the entire understanding between the Parties as to the treatment of Confidential Information disclosed for the Purpose and merges all prior discussion between them relating thereto. Each Party has read this Agreement, understands it and agrees to be bound by its terms and conditions. This Agreement may be executed in counterparts, each of which shall be deemed an original, but all of which taken together shall constitute one single agreement between the Parties. Signatures exchanged by facsimile or other electronic means are effective for all purposes hereunder to the same extent as original signatures. IN WITNESS WHEREOF, the Parties have executed this Agreement as of the date first set forth above. CITY OF FORT COLLINS, COLORADO By: By: Printed: Printed: Title: Title: UNIT PRICE SCHEDULE 8847 CURED-IN-PLACE PIPE SANITARY SEWER/STORMWATER MAINS REHABILITATION Linear foot cost must include all permits, mobilization, labor, materials, debris removal, installation, equipment, tools, traffic control, transportation, and supplies required. QTY. DESCRIPTION PRICE/UNIT EXTENSION 1,000 Lineal Feet 6” VCP $ $ 4,000 Lineal Feet 8” VCP $ $ 2,100 Lineal Feet 10” VCP/RCP $ $ 1,300 Lineal Feet 12” VCP/RCP $ $ 200 Lineal Feet 15” VCP/RCP $ $ 1,700 Lineal Feet 18” VCP/RCP $ $ 1,800 Lineal Feet 24” VCP/RCP $ $ 200 Lineal Feet 30” VCP/RCP $ $ 900 Lineal Feet 36” VCP/RCP $ $ Service Connections 130 $ $ Intruding Taps 20 $ $ Manhole Rehabilitation (Class A) 35 $ $ 1 Each 10” CIPPR 0’-5’ Length $ $ 1 Each 10” CIPPR 6’-10’ Length $ $ 1 Each 10” CIPPR 11’-15’ Length $ $ 1 Each 10” CIPPR 16’-20’ Length $ $ 1 Each 12” CIPPR 0’-5’ Length $ $ 1 Each 12” CIPPR 6’-10’ Length $ $ 1 Each 12” CIPPR 11’-15’ Length $ $ QTY. DESCRIPTION PRICE/UNIT EXTENSION 1 Each 12” CIPPR 16’-20’ Length $ $ 1 Each 15” CIPPR 0’-5’ Length $ $ 1 Each 15” CIPPR 6’-10’ Length $ $ 1 Each 15” CIPPR 11’-15’ Length $ $ 1 Each 15” CIPPR 16’-20’ Length $ $ 1 Each 18” CIPPR 0’-5’ Length $ $ 1 Each 18” CIPPR 6’-10’ Length $ $ 1 Each 18” CIPPR 11’-15’ Length $ $ 1 Each 18” CIPPR 16’-20’ Length $ $ 1 Each 24” CIPPR 0’-5’ Length $ $ 1 Each 24” CIPPR 6’-10’ Length $ $ 1 Each 24” CIPPR 11’-15’ Length $ $ 1 Each 24” CIPPR 16’-20’ Length $ $ 1 Each 30” CIPPR 0’-5’ Length $ $ 1 Each 30” CIPPR 6’-10’ Length $ $ 1 Each 30” CIPPR 11’-15’ Length $ $ 1 Each 30” CIPPR 16’-20’ Length $ $ 1 Each 36” CIPPR 0’-5’ Length $ $ 1 Each 36” CIPPR 6’-10’ Length $ $ 1 Each 36” CIPPR 11’-15’ Length $ $ 1 Each 36” CIPPR 16’-20’ Length $ $ 1 Each 48” CIPPR 0’-5’ Length $ $ 1 Each 48” CIPPR 6’-10’ Length 1 Each 48” CIPPR 11’-15’ Length $ $ 1 Each 48” CIPPR 16’-20’ Length $ $ Additional Size: Please provide per lineal ft. unit prices on other sizes you can provide and any additional costs or pricing if quantities differ on those listed above: DESCRIPTION $ Per Lineal Foot $ $ $ $ $ $ $ $ EXHIBIT A VENDOR STATEMENT Vendor hereby acknowledges receipt of the City of Fort Collins Request for Proposal 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 RFP. Additionally, Vendor hereby makes the following representations to City: a. All of the statements and representations made in this proposal are true to the best of the Vendor’s knowledge and belief. b. Vendor commits that it is able to meet the terms provided in this proposal. c. This proposal is a firm and binding offer, for a period of 90 days from the date hereof. d. Vendor further agrees that the method of award is acceptable. e. Vendor also agrees to complete the proposed Agreement with the City of Fort Collins within 30 days of notice of award. If contract is not completed and signed within 30 days, City reserves the right to cancel and award to the next highest rated firm. f. Vendor acknowledge receipt of addenda. Firm Name: Physical Address: Remit to Address: Phone: Name of Authorized Agent of Firm: Signature of Authorized Agent: Primary Contact for Project: Title: Email Address: Phone: Cell Phone: NOTE: VENDOR STATEMENT IS TO BE SIGNED & RETURNED WITH YOUR PROPOSAL. $ - 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: CERTIFICATION BU SCOPE OF WORK CHANGE ORDERS RECONCILIATION CHANGE ORDERS INVOICE NUMBER Total Change Order Work to Date: $ - $ - Retainage Previous: Change in Retainage: