biddoc.pdf

REQUEST FOR PROPOSALS

Big Thompson Canyon Broadband Expansion

RFP #2026-054

NOTICE TO PROPOSERS

The City of Loveland, Colorado (“City”) is requesting sealed proposals to provide Big Thompson Canyon Broadband Expansion, RFP #2026-054. Proposals must be received electronically on or before 2:00 p.m. (Mountain Time “MT”) on Thursday, August 20, 2026 at www.bidnetdirect.com//city-of-loveland, at which time they will be recorded, but not publicly opened.

There will be a virtual public bid opening. Anyone wanting to attend can use this link:

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No proposals will be considered which have not been received by the deadline set forth above. Responsibility for timely submittal and routing of proposals prior to recording lies solely with the Proposer.

The RFP is available at www.bidnetdirect.com//city-of-loveland . If you are not registered with BidNet, please visit their website and select “Vendor Registration,” or call 800-835- 4603. There is a free registration option available for inquiry.

Questions concerning this RFP shall be submitted at www.bidnetdirect.com//city-of-loveland.

Question Due Date: August 10, 2026 Question Due Time: 2:00 p.m. (MT) Answer Due Date: August 12, 2026

The project will be funded by a USDA Community Connect Grant. The procurement, contracting, administration, and project close-out will follow the Federal Grant Provisions and the Contract Federal Provisions included in this RFP.

The City of Loveland is committed to providing an equal opportunity for services, programs and activities and does not discriminate on the basis of disability, race, age, color, national origin, religion, or sex. For more information on non-discrimination or for translation assistance, contact the City’s Title VI Coordinator at TitleSix@cityofloveland.org or (970) 962-2372. The City will make reasonable accommodations for Proposers in accordance with the Americans with Disabilities Act (ADA). For more information on ADA or accommodations, contact the City’s ADA Coordinator at ADACoordinator@cityofloveland.org or (970) 962-3319.

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La Ciudad de Loveland está comprometida a proporcionar la igualdad de oportunidades para los servicios, programas y actividades y no discriminar por motivos de discapacidad, raza, edad, color, origen nacional, religión, o sexo. Para más información sobre la no discriminación o para asistencia en traducción, contacte al Coordinador de Título VI de la Ciudad al TitleSix@cityofloveland.org o al (970) 962-2372. La Ciudad realizará acomodaciones razonables para los Proponentes de acuerdo con la Ley de Estadounidenses con Discapacidades (ADA).

Para más información sobre la ADA o alguna acomodación, contacte al Coordinador de ADA de la Ciudad: ADACoordinator@cityofloveland.org o al (970) 962-3319.

COLORADO OPEN RECORDS ACT NOTIFICATION

The City of Loveland is subject to section 24-72-201 et seq. of the Colorado Revised Statutes, the Colorado Open Records Act. If a Proposer objects to the disclosure of any confidential or privileged information as such is defined in the Colorado Open Records Act, any such pages must be marked confidential. Include a detailed list of the documents marked confidential and provide a) an explanation as to why those should be withheld; b) the specific legal basis for that position. Failure to mark the documents confidential and failure to include the explanation, any objection to the release of any information will be deemed waived by the City.

Please note that objections will be considered but are not binding on the City. The City is required to make a determination under the Colorado Open Records Act, and may only withhold documents that are confidential under the law. If the City releases documents marked as confidential in compliance with the Colorado Open Records Act, the Proposer waives any claims for liability or damages.

REQUEST FOR PROPOSALS

FOR BIG THOMPSON CANYON BROADBAND EXPANSION PROJECT

Project Background and Purpose The City of Loveland (City), located along the Front Range of Northern Colorado, is a community of approximately 77,000 residents. In 2019, the City began construction of a municipally owned Fiber-to-the-Premise (FTTP) broadband network (Pulse) to provide residents and businesses with the option of reliable, high-speed fiber-optic internet service.

The City is now looking to expand its network boundaries to serve residents and communities outside of its City limits throughout Larimer County. The Loveland Pulse Big Thompson Canyon Broadband Expansion Project will extend high-speed FTTP service to underserved residential and business customers located west of Loveland along Highway 34 within the Big Thompson Canyon corridor.

The project area spans approximately mile markers 77 through 82 and will provide reliable, multi-gigabit symmetrical broadband connectivity to approximately 100 premises, including 96 residential and 4 commercial locations.

The design primarily consists of aerial fiber deployment utilizing existing utility pole infrastructure within the Highway 34 corridor. City of Loveland Utilities and Pulse have infrastructure in place along this route that will allow for right-of-way and easement access. New fiber optic cable and strand will be attached to existing poles where required, and existing strand may be used to lash new fiber optic cable where identified in the approved design.

Project implementation will be completed exclusively through coordination with Pulse and existing utility infrastructure owners.

An environmental review for Award CO 1405-A23, City of Loveland / CC-2023-E-10, under the Rural Utilities Service Community Connect Program has been completed.

Based on the proposed aerial construction methodology and limited building renovations, the project determination concluded that there would be no effect on federally threatened or endangered species. Authorization has been granted to proceed with obtaining all necessary local construction and right-of-way permits within Larimer County.

It is the intent of this Request for Proposals (RFP) to select one qualified contractor to expand outside plant network infrastructure beyond the current Pulse network build. The scope of work includes coordination of ongoing material procurement with the City’s material providers, installation of aerial hardware, enclosures, cabinets, splice enclosures, aerial fiber installation, splicing, testing, and documentation necessary to extend the existing outside plant fiber optic network.

All materials will be provided by the City No material substitutions are allowed on this project unless specifically authorized in writing by the City.

USDA Community Connect Grant – Capital Projects Fund Grant Awarded Project Area

• Approximately 99 premises

• Approximately 45,000 feet of fiber placement

• 180 Working Days

• Project start required by September 2026

• 100% aerial installation

Scope of Work Overview The Scope of Work described herein establishes the minimum requirements of the Contract. The Contractor shall furnish all labor, supervision, equipment, tools, transportation, permits, traffic control, testing, documentation, incidentals, and other resources necessary to provide a complete, fully operational, and accepted installation, whether or not every individual item is specifically identified herein.

Materials specifically identified as Owner-furnished will be provided by the City. The Contractor shall be responsible for receiving, storing, protecting, handling, and installing Owner-furnished materials in accordance with the Contract Documents.

The project will be based on the unit costs established in the agreement. Should the work change from the scope of work stated in the Task Order, a Change Order must be completed and approved prior to initiating any new work.

There are five primary categories of work associated with this project. Tasks within each category may apply to one or more project phases and shall be completed in accordance with the approved design, Contract Documents, permit requirements, and applicable standards.

1. Permitting, Traffic Control, and Project Coordination This work category includes the coordination and acquisition of permits and approvals necessary to complete the project. Tasks may include, but are not limited to:

• Obtaining all necessary permits, including CDOT, right-of-way, stormwater management, groundwater dewatering, and other local or agency-required permits.

• Providing and maintaining traffic control in accordance with applicable permits, standards, and agency requirements.

• Coordinating with Pulse, utility owners, pole owners, permitting agencies, and other affected stakeholders.

• Coordinating construction sequencing and scheduling with the City and other utility owners to minimize disruption to existing facilities and services.

• Submitting permit costs for reimbursement at cost plus 10% for each permit acquired.

2. Aerial Fiber-Optic Network Construction and Expansion

This work category includes the construction and extension of City’s aerial Outside Plant (OSP) fiber optic network within the designated project limits. Tasks may include, but are not limited to:

• Performing aerial OSP fiber optic construction within the designated project area.

• Completing all required make-ready activities in accordance with the Owner’s approved engineering design.

• Installing aerial fiber optic cable, including messenger-supported and self-supporting cable systems where specified.

• Installing catenary support strand and associated aerial support infrastructure where required.

• Installing aerial hardware, splice enclosures, cabinets, aerial terminals, fiber distribution equipment, and related passive OSP components.

• Installing service drops from the distribution network to customer premises where identified in the project design.

• Protecting existing utilities, infrastructure, public property, and private property during construction activities.

• Restoring all disturbed areas to a condition equal to or better than the condition existing prior to construction.

3. Fiber Splicing, Testing, and Network Acceptance This work category includes splicing, testing, verification, and correction of installed fiber optic facilities. Tasks may include, but are not limited to:

• Performing fiber optic cable splicing and associated fiber management activities.

• Completing optical performance testing of fiber optic strands, connections, and splices.

• Testing installed fiber optic facilities in accordance with the Contract Documents and Owner requirements.

• Identifying, repairing, and retesting any deficiencies identified during construction, testing, or inspection.

• Supporting Owner inspections, quality assurance activities, punch list completion, and final project acceptance.

• Delivering a complete, fully operational, tested, documented, and Owner-accepted aerial fiber optic network.

4. Project Management, Reporting, and Documentation This work category includes project management, reporting, documentation, and closeout responsibilities required for successful project delivery. The Contractor, as prime contractor, shall be responsible for managing cost, schedule, quality, and scope. Tasks may include, but are not limited to:

• Assigning a Contractor Project Manager to coordinate directly with the Project Manager designated by the City.

• Submitting an overall project schedule that identifies the major elements of the work and supports the expeditious and practical execution of the project.

• Updating the project schedule as needed, but no less than monthly, to reflect actual work progress.

• Conducting progress meetings and preparing daily and weekly site and production reports.

• Utilizing the Owner-provided electronic, cloud-based project and construction management software to track drawings, markups, as-builts, daily logs, billing quantities, field observations, project photos, and task progress.

• Developing and maintaining a project plan in Microsoft Project version 2013 or later.

• Developing and maintaining a project communications plan.

• Preparing and submitting required project documentation, including test results, as-built documentation, fiber assignment records, splice records, and other closeout documents.

• Completing and submitting Change Orders in a timely manner prior to performing work outside the approved scope.

5. Work Standards, Quality, and Restoration This work category includes compliance with applicable codes, standards, specifications, and restoration requirements. The Contractor shall comply with all applicable federal, state, local, utility, permitting, environmental, safety, and Owner requirements.

Requirements include, but are not limited to:

• Compliance with the National Electrical Code (NEC), National Electrical Safety Code (NESC), and applicable industry standards.

• Compliance with Society of Cable Telecommunications Engineers (SCTE) recommended practices for optical fiber construction and testing, International Telecommunication Union Telecommunication (ITU-T) standards, Building Industry Consulting Service International (BICSI)/Electronic Industries Alliance (EIA)/ Telecommunications Industry Association (TIA)/ standards, Telcordia Blue Book procedures, and the Occupational Safety and Health Administration (OSHA) regulations.

• Compliance with City of Loveland and State of Colorado Department of Transportation (CDOT) standard specifications and construction details, as applicable.

• Compliance with Larimer County Urban Area Street Standards (LCUASS) and CDOT requirements for work performed in public rights-of-way or easements.

• Compliance with the City of Loveland Dust Prevention and Control Manual and Municipal Code.

• Correction and reinstallation, at the Contractor’s expense, of any work constructed in violation of applicable codes, standards, specifications, permit conditions, or Contract Documents.

• Protection of roadways, streets, sidewalks, utility property, public property, private property, and all surrounding work areas.

• Full restoration of disturbed areas to a condition equal to or better than the condition existing prior to construction.

Project Schedule and Contract Administration Representatives from the Contractor shall work closely with the Project Manager designated by Pulse to plan work activities and determine a schedule for completion. The Contractor shall notify the City in a timely manner when challenges arise that may impact cost, schedule, quality, or scope so the City may make timely and informed decisions throughout the project.

Should the Contractor fail to provide adequate protection to the surroundings of a work site, or should operations be carried out in a manner that allows or causes damage to any roadway, street, sidewalk, utility property, or other private or public property, the City may stop work until the deficiencies are corrected. Should the Contractor fail to complete the required repairs, and should it become necessary for the City to protect the area or make the repairs, the City shall document and withhold the associated costs from payment due to the Contractor.

The Contractor shall be responsible for determining the means, methods, techniques, sequences, procedures, staffing, equipment, and construction approach necessary to complete the work in accordance with the Contract Documents, applicable codes and standards, and accepted utility construction practices.

Submittal Instructions and Conditions

1. All prospective Proposers shall comply with the requirements, conditions, and specifications contained in this RFP. Failure to do so may result in rejection of the proposal.

2. A representative of the proposing company who has contractual authority must sign the proposal. Only one proposal will be accepted from any one company serving as a prime Proposer. Sub-Proposers to the prime Proposer may be included in the proposal of more than one firm.

3. All proposals must be complete, comprehensive, and professional, but it is not necessary to include expensive displays or excessive materials.

4. All costs incurred to prepare and submit the proposal shall be the Proposer’s responsibility and will not be reimbursed by the City.

5. In the event that it becomes necessary to provide additional clarifying data or information, or to revise any part of this RFP, revisions/amendments and/or supplements will be posted at www.bidnetdirect.com//city-of-loveland. The schedule above lists the deadline for submission of questions and the expected date of responses from the City. It shall be the responsibility of the Proposers to monitor www.bidnetdirect.com//city-of-loveland for any such postings.

6. There will be a virtual public opening. To attend use the link on the Notice to Proposers page above. The City will open and consider all proposals privately. The City will provide a list of those institutions that have submitted a proposal at www.bidnetdirect.com//city-of-loveland.

7. The City shall select the proposal(s) that is most advantageous to the City, as determined by the City in its sole discretion. The City reserves the right to reject any or all proposals and waive any informalities therein and to accept or reject any portion of the proposal if deemed to be in the best interest of the City to do so.

8. A City selection committee will review all proposals received and select the Proposer(s) it believes are the most qualified to furnish the construction on an on-call basis. The City will award the contract to the lowest responsible Proposer(s) who best meets the City’s needs.

9. The following documents constitute the proposal documents and will be incorporated into the contract: RFP, Notice to Proposers, General Conditions, Instructions to Proposer, Bid, Bid Bond, Construction Contract, Performance Bond, Payment Bond, Special Conditions. The selected Proposer will be required to execute a Construction Contract in substantially the form attached hereto, which incorporates these documents and is provided as an attachment to this RFP. There shall be no expectation that the City will accept any proposed contract language modifications, http://www.bidnetdirect.com/city-of-loveland http://www.bidnetdirect.com/colorado http://www.bidnetdirect.com/city-of-loveland http://www.bidnetdirect.com/city-of-loveland and the City may determine that requested changes disqualify a proposal. All contracts will be on a unit price basis with a not-to-exceed total price or lump sum.

10. Proposers shall not contact anyone regarding the RFP during the solicitation and selection process. Proposers who communicate with other City staff members or elected officials regarding the RFP during the solicitation and selection shall automatically be disqualified. Proposers shall submit questions in the Bidnet system as indicated on Page 2 of this RFP.

11. The City has no obligation to award any work to a selected Proposer and makes no guarantee as to the amount of work that may be awarded or actually performed.

12. Each proposal shall stipulate that it is predicated upon the terms and conditions of this RFP and any supplements, addenda or revisions thereof.

13. In submitting a response to this RFP, Proposal acknowledges that section 24-85- 101 et seq. of the Colorado Revised Statutes and the Accessibility Standards for Individuals with a Disability, established by the Colorado Governor’s Office of Information Technology (collectively “Accessibility Standards”), apply to delivery of any information technology under any associated Contract, and that Proposer’s performance shall be in compliance with Accessibility Standards. The City may, in its sole discretion, request Proposer provide details regarding Proposer's commitment to satisfying the Accessibility Standards.

14. The successful Proposer shall be required to furnish a performance bond and a payment bond to the City, each in an amount equal to one hundred percent (100%) of the Contract amount. The performance and payment bonds shall be executed on standard City forms and signed by a surety company authorized to do business in the State of Colorado and acceptable as surety to the City. Copies of a “Power of Attorney” certified to include the date of the bonds shall be filed with the performance and payment bonds.

15. The time of completion for each work order will be set forth in the work order. The Proposer must satisfy the City of the Proposer’s ability to complete the work on time.

The General Conditions contain provisions relative to delays and extensions of time.

The successful Proposer shall dedicate all necessary labor, material, and equipment for a continuous operation, weather permitting, to assure completion of the project within the allowed time. Any deviation from this condition shall require the City’s prior written approval.

16. Pursuant to Loveland Municipal Code Section 3.12.140, all construction contracts of $100,000.00 or more shall be accompanied by a bid security in an amount not less than five percent (5%) of the total proposal. Bid security shall be in the form of a certified check or cashier’s check drawn on any solvent bank or bid bond acceptable to the City executed by the Proposer and a surety company in good standing and authorized to do business in the State of Colorado. The bid security of each unsuccessful Proposer will be returned when the proposal is rejected, or the time for withdrawal of proposals has elapsed, if the Proposer encloses a self-addressed stamped envelope for that purpose. The bid security of the Proposer to whom any Contract is awarded will be returned when said Proposer executes the Contract and files satisfactory performance and payment bonds. The bid security of the second lowest responsible Proposer may be retained for a period not to exceed sixty (60) days pending the execution of a Contract and performance and payment bonds by the successful Proposer.

17. If the Proposer is in doubt as to the true meaning of any part of the proposal documents, the Proposer may submit a written request to the City for an interpretation through the portal listed above. The Proposer shall be responsible for its prompt delivery. Any interpretation of the proposal documents will be made only by written addendum through the portal listed above. The City is not responsible for any other explanations or interpretations of the proposal documents. The Proposer shall be responsible for informing the City before bid opening of conflicting requirements, real or apparent, or missing information requiring clarification.

18. The Proposer is responsible to be informed of, and the Proposer(s) awarded a Contract shall comply with all federal, state, and local laws, statutes, and ordinances relative to the execution of the work. This requirement includes, without limitation, applicable regulations concerning minimum wage rates, nondiscrimination in the employment of labor, protection of public and employee safety and health, permits, fees, and similar subjects.

19. The Proposer acknowledges and agrees that it is required to utilize the Build America, Buy America (BABA) / Buy America Act (BAA) compliant materials furnished by the City for all covered work under this RFP. The Proposer, if awarded, shall not substitute, replace, modify, or independently purchase any covered materials without the City's prior written approval. Any unauthorized substitution, replacement, or procurement of covered materials shall constitute a violation of the Contract and may result in the Proposer being responsible for all associated costs, delays, corrective work, and any other remedies available under this RFP, subsequent Contract, or applicable law. The Proposer shall further indemnify and hold harmless the City for any such violation.

20. Offers may be withdrawn, altered, and resubmitted at any time before bid opening.

Offers may not be withdrawn, altered, or resubmitted within thirty (30) days thereafter, and the offer of the lowest and second lowest responsible Proposer may not be withdrawn for a period of sixty (60) days thereafter, or until execution of a Construction Contract, whichever occurs first.

21. Upon the City’s request, the Proposer shall supply the City with a list of all subcontractors the Proposer plans to employ to complete the Project. The City reserves the right to reject the use of any or all subcontractors that, in the City’s judgment, are not reasonably capable of performing the work required. Prior to award, the City may require the apparent successful Proposer to submit documentation and references to verify that the Proposer, and any designated subcontractors, have adequate equipment and experienced personnel to perform the work within the Contract time.

22. If the City desires, interviews may be scheduled with Proposers to follow up with concepts, portions of the construction, or any other questions to allow the City to select the most responsive and responsible Proposer.

23. Acceptance of the proposal shall be by written notice of award emailed to the office designated in the proposal. The City will furnish a Contract for execution with the notice of award. If the successful Proposer fails to execute the Contract and furnish the performance and payment bonds and certificate of insurance within fifteen (15) days from the issuance of the notice of award, the City may terminate the award and award the Contract to the next responsive and responsible Proposer. Such award shall be made within sixty (60) days after opening the proposals.

24. If the successful Proposer fails to execute a Contract and furnish the performance and payment bonds and certificate of insurance within fifteen (15) days from the issuance of the notice of award, the Proposer shall forfeit the bid security accompanying the bid. The bid security shall be retained as liquidated damages by the City, and it is agreed that this said sum is a fair estimate of the amount of damages the City will sustain. The City may treat a Proposer’s conditional execution of a Contract subject to proposed revisions to be forfeiture of the award.

Proposal Contents and Format

The response to this RFP, for items described below, is limited to a maximum of thirty

(30) (8.5”X11”) pages, excluding front and back covers, using no smaller than ten (10)-point font. Each response should be complete yet concise and contain only the elements shown below. Please avoid submittal of extraneous and unnecessary information. Proposals that exceed thirty (30) pages will receive a reduced score.

A. Cover Letter A one-page cover letter shall be provided that expresses the firm’s interest in being considered for the project and identifies the firm’s primary contact person for the project. Please provide the name, telephone number, and email address of the primary contact person. The cover letter shall be signed by a person who has contractual authority with the firm, such as a principal, partner, senior manager, or officer of the firm.

B. Relevant Project Experience Describe the firm’s experience and capabilities in providing similar services to those required, particularly projects with Municipal Governments. Be specific and identify projects, dates, and results. It will be to your benefit to provide your experience with recent projects, and to provide examples.

C. Staff Qualifications Provide brief resumes describing the educational and work experiences for each of the key staff who will be assigned to the project.

D. System for Award Management Provide proof that it has an active Unique Entity Identifier (UEI) registration in SAM.gov. Such proof shall be provided prior to contract execution and at any time thereafter upon request. Failure to provide acceptable proof of an active UEI registration may result in rejection of the Proposers proposal.

E. Contract Management Plan Provide a contract management plan specifying timeline, activities, and project management strategies, including the City’s roles and resource requirements.

F. Proposer References Proposers must include as a supplement to their proposal a list of references, including points of contact (name, address, email address, and telephone number), which can be used as references for work performed in the area of service required.

Selected organizations may be contacted to determine the quality of work performed and personnel assigned to the project.

G. Cost

Provide costs for all elements of project listed in the Scope of Work. The Cost should be a not to exceed amount for the scope of work described. If the total cost amount incurred by Contractor in performance of agreed upon scope of work subject to a Not-to-Exceed Amount is less than such Not-to-Exceed Amount, Contractor shall not be entitled to receive the difference in these amounts, or any portion thereof, and City will not be obligated to make any additional payments to Contractor for such obligations. Provide a spreadsheet of cost breakdown listing tasks and proposed fees for the entire scope of the work.

Tentative Schedule of Events August 10, 2026 Questions are due

August 20, 2026 Proposals are due

Week of August 31, 2026 Award is made

EVALUATION CRITERIA

A. Proposer Qualification Review and Assessment

Proposals will be evaluated on the following qualification criteria. These criteria will be the basis for reviewing the written proposals, as well as for any oral interviews of the top-ranked firms. The Proposer may be chosen based upon the Proposals or the additional step of interviews may be used if needed.

Maximum Points Qualification Standard

15 Scope of Proposal The proposal shows an understanding of the objective and requirements included in this RFP;

methodology to be used in the completion of construction and the results that are desired from the project.

10 Assigned Project Team

The proposed team has the necessary skills and experience to fulfill the requirements of the project. Level of experience the key staff bring to the team. Key staff are available for this project.

15 Safety Record The proposal shall demonstrate that the Proposer has effective safety programs and procedures in place to protect both workers and the public during all phases of construction. The

Proposer shall provide documentation of their safety performance, including OSHA Total Recordable Incident Rate (TRIR) or Illness/Injury Rate, OSHA Lost Workday Case Rate (LWCR), and Workers’ Compensation Experience Modification Rate (EMR) or equivalent insurance multiplier. The City will evaluate the Proposer’s overall safety record and programs to ensure they meet industry standards and minimize the risk of injury, property damage, or public safety concerns throughout the execution of this contract.

15 Firm Experience Proposer has successfully completed projects similar in scope to the projects. Proposer has the experience necessary to successfully complete this project.

15 Firm Capability Proposer has the personnel/manpower, experience, equipment, bonding capacity, insurance, and finances to successfully complete the project.

15 Construction Performance

Referenced projects reflect favorably in respect to completion within the contract schedule, cost control, and claims.

15 Cost Cost factors and billing rates presented in the proposal are reflective of industry norms.

B. Reference evaluation process (top rated Proposer) After the top-rated Proposer is selected, the City will check references for overall performance, timetable, completeness, cost control and job knowledge of selected project references. A satisfactory/unsatisfactory rating shall be given to each reference contacted. If reference checks are positive for the top-ranked Proposer, the City will work to negotiate a contract for services. If the top firm’s reference checks are not positive, then the City will refer to the second-ranked Proposer to evaluate their respective references, and so on.

C. Reference Check Questionnaire

Qualification Standard Overall Performance Would you hire this Proposer again? Did their level of quality meet the project specifications and Owner needs?

Schedule Was the original Scope of Work completed within the specified time? Were interim deadlines met in a timely manner?

Completeness Was the Proposer responsive to client needs; did they anticipate problems? Were problems solved quickly and effectively?

Cost Control Was the original Scope of Work completed within the project budget?

Job Knowledge Did Proposer personnel exhibit the knowledge and skills necessary for the efficient completion of the scope or work?

Attachments:

Attachment A – Pulse Standards & Specifications

GENERAL CONDITIONS

1.0 CONTRACT DOCUMENTS

The bid documents, the Contractor’s bid (including quotes, estimates, and/or formal bids as appropriate), any addenda and change orders issued by the City, and all drawings, construction plans, specifications, and engineering data furnished by the Contractor and accepted by the City, these General Conditions, and special conditions are included in the Contract, and the Contractor warrants that the work will strictly conform to the requirements therewith. In the event of any conflict between these General Conditions and any other component documents of the Contract (such as special conditions, specifications, etc.), these General Conditions shall prevail.

2.0 DEFINITIONS

Words, phrases, or other expressions used in these Contract Documents shall have meanings as follows:

“Contract” shall mean the construction contract, which incorporates all of the Contract Documents by reference therein.

“Contract documents” shall mean those documents set forth in paragraph 1.0.

“City” shall mean the City of Loveland, Colorado and its duly authorized agents. All notices, letters, and other communications directed to the City shall be addressed and delivered to the City as specified in the Special Conditions.

“Contractor” shall mean the corporation, company, partnership, firm, other legal business entity or individual so named and designated in the contract and its or their duly authorized representatives.

“Subcontractor” shall mean and refer only to a corporation, partnership, other legal business entity or individual having a direct contract with the Contractor for performing work at the job site.

“Day” or “days” shall mean a calendar day.

“Work” shall mean the equipment, supplies, materials, labor, and services to be furnished under the Contract and the carrying out of all obligations imposed by the Contract Documents.

“Drawings” and “construction plans” shall include all of the following: (a) drawings furnished by the City as a basis for bids; (b) supplementary drawings furnished by the City to clarify and to define in greater detail the intent of the contract drawings and specifications; (c) drawings submitted by the Contractor with its bid, provided such drawings are acceptable to the City; (d) drawings furnished by the City to the Contractor during the progress of the work; and (e) engineering data and drawings submitted by the

Contractor during the progress of the work provided such drawings are acceptable to the City.

“Substantial completion,” “substantially complete,” or “substantially completed” shall mean the date when the construction is sufficiently complete, in the City’s judgment, in accordance with the contract and the Contract Documents, as modified by any change orders agreed to by the City, so that the work or designated portion thereof is available for use by the City.

“Inspector,” “representative,” “construction observer,” “observer,” “engineer,” and similar terms mean the person or persons designated by the City to monitor the progress of the work on behalf of the City.

Wherever in the Contract Documents the words “as ordered,” “as directed,” “as required,” “as permitted,” “as allowed,” or words or phrases of like effect and import are used, it shall be understood that the order, direction, requirement, permission, or allowance of the City is intended only to the extent of judging compliance with the terms of the contract; none of these terms shall imply that the City has authority or responsibility for supervision of the Contractor’s forces or construction operations, such supervision and the sole responsibility therefore being strictly reserved for the Contractor.

Similarly, the words “approved,” “reasonable,” “suitable,” “acceptable,” “proper,” “satisfactory,” or words of like effect and import, unless otherwise particularly specified herein, shall mean approved, reasonable, suitable, acceptable, proper, or satisfactory in the sole judgment of the City.

Wherever in the Contract Documents the expression “it is understood and agreed” or an expression of like import is used, such expression shall mean the mutual understanding and agreement of the parties executing the contract.

“Official acceptance” shall mean the City’s written acceptance of all work performed under the contract based on final inspection and issuance of a final payment certificate.

3.0 EXECUTION OF CONTRACT

Two (2) copies of the Contract and the performance and payments bonds will be prepared by the City, if requested. If required by the bonding agency in writing, an additional copy of the contract and the performance and payment bonds will be prepared by the City. The copies will be submitted to the Contractor, who shall execute the Contract, insert executed copies of the required performance and payment bonds, power of attorney, and insurance certificates and submit all copies to the City. The date of contract on the Contract and performance and payment bonds shall be left blank for filling in by the City. The certification date on the power of attorney shall also be left blank for filling in by the City.

The City will execute all copies, insert the date of contract on the Contract, performance and payment bonds, and power of attorney, retain one (1) copy, and distribute the remaining copy/copies to the Contractor.

4.0 LEGAL ADDRESSES

All notices, letters, and other communication to the Contractor shall be mailed or delivered to either the Contractor’s business address listed in the bid or the Contractor’s office in the vicinity of the work, with delivery to either of these addresses being deemed as delivery to the Contractor. The address of the City is hereby designated as the place to which all notices, letters, and other communication to the City shall be mailed or delivered as identified in the special conditions.

5.0 SCOPE AND INTENT OF CONTRACT DOCUMENTS

The specifications and drawings are intended to supplement but not necessarily duplicate each other. Any work exhibited in one and not in the other shall be executed as if it had been set forth in both so that the work will be constructed according to the complete design as determined by the City.

Should anything necessary for a clear understanding of the work be omitted from the specifications and drawings, or should the requirements appear to be in conflict, the Contractor shall secure written instructions from the City before proceeding with the work affected thereby. Any detail that appears on one page of the drawings shall be as if it appears on all sections within the set of drawings. It is understood and agreed that the work shall be performed according to the true intent of the Contract Documents.

6.0 INDEPENDENT CONTRACTOR

The City hereby retains the Contractor for the Project to perform the services on the terms and conditions specified in the Contract Documents, and the Contractor agrees so to serve. The parties agree that the Contractor shall be an independent contractor and shall not be an employee of the City. The Contractor, as an independent contractor, is not entitled to workers’ compensation benefits and unemployment insurance benefits, and the Contractor is obligated to pay federal and state income tax on any monies earned pursuant to the contract relationship.

7.0 ASSIGNMENT AND SUBCONTRACTING

The Contractor shall not assign by power of attorney or otherwise any of the money payable under this Contract unless prior written consent of the City has been obtained.

No right under this Contract, nor claim for any money due or to become due hereunder, shall be asserted against the City or persons acting for the City by reason of any so-called assignment of the Contract, or any part thereof, unless such assignment has been authorized by the prior written consent of the City. In case the Contractor is permitted to assign monies due or to become due under this Contract, the instrument of assignment shall contain a clause subordinating the claim of the assignee to all prior liens for services rendered or materials supplied for the performance of the work.

The City reserves the right to reject the use of any or all subcontractors, which, in the City’s opinion, are not reasonably capable of performing the work required.

Should any subcontractor fail to perform in a satisfactory manner the work undertaken, the subcontractor shall be immediately terminated by the Contractor upon notice from the City. The Contractor shall be as fully responsible and accountable to the City for the acts and omissions of subcontractors and of persons either directly or indirectly employed by the Contractor as if the Contractor completed the work. Nothing contained in the Contract shall create any contractual relationship between any subcontractor and the City.

8.0 ORAL STATEMENTS

It is understood and agreed that the written terms and provisions of this Contract shall supersede all oral statements of representatives of the City, and oral statements shall not be effective or construed as being a part of this Contract.

9.0 REFERENCE STANDARDS

Reference to the standards of any technical society, organization, or association or to codes of local or state authorities shall mean the latest standard, code, specification, or tentative standard adopted and published at the date of taking bids unless specifically stated otherwise.

10.0 OWNER’S DRAWINGS AND SPECIFICATIONS

The Contractor will be furnished electronic files of all drawings and specifications, including revisions thereto, and may may request up to two (2) hard copy sets of the same without charge.

11.0 CONTRACTOR TO CHECK DRAWINGS AND LISTS

The Contractor shall check all dimensions, elevations, and quantities indicated on the drawings and lists furnished to it by the City. The Contractor shall notify the City of any discrepancy between the drawings and the conditions at the site or any error or omission in drawings or in the layout as given by stakes, points, or instructions which the Contractor may discover in the course of the work. The Contractor shall not be allowed to take advantage of any error or omission in the drawings or Contract Documents. Full instructions shall be furnished by the City upon discovery of such error or omission, and the Contractor shall carry out such instructions as if originally specified.

12.0 FIGURED DIMENSIONS TO GOVERN

Dimensions and elevations indicated on the drawings shall be accurately followed even though different from scaled measurements. No work indicated on the drawings, the dimensions of which are not indicated, shall be executed until necessary dimensions have been obtained from the City.

13.0 PROJECT MANAGEMENT

The coordination of all field construction shall be under the direction of the Contractor, who shall be responsible for coordinating work between various subcontractors and resolving any conflicts between subcontractors regarding scheduling or coordination.

The time of completion is of the essence of the Contract, and the Contractor shall be responsible for performing the work in accordance with the specified construction schedule. If at any time the Contractor’s work is behind schedule, the Contractor shall increase forces, work overtime, or otherwise accelerate operations to comply with the schedule and shall put into effect definite procedures for getting the work back on schedule. The proposed procedures shall be subject to the City’s approval or modification. The procedures adopted shall be put into effect immediately. The Contractor will not be allowed extra compensation for costs incurred because of additional regular or premium time or of additional mobilization of equipment required to keep its work on schedule.

14.0 NO WAIVER OF RIGHTS

Neither the inspection by the City or any of its officials, employees, or agents, nor any order by the City for payment of money, or any payment for, or acceptance of, the whole or any part of the work by the City, nor any extension of time, nor any possession taken by the City or its employees shall operate as a waiver of any provision of the Contract, or of any power herein reserved to the City, or any right to damages herein provided, nor shall any waiver of any breach in the Contract be held to be a waiver of any other or subsequent breach.

15.0 CONSTRUCTION OBSERVATION

The City may appoint such inspectors as the City deems proper to observe the materials furnished and the work performed for compliance with the drawings and specifications.

The Contractor shall furnish all reasonable assistance required by the inspectors for the proper observation of the work. Should the Contractor object to any order given by any inspector, the Contractor may make written appeal to the City for a decision.

The City reserves the right to inspect construction on any part of the project, including but not limited to: inlets, detention facilities, structures, backfill, streets and paving, concrete, water and sanitary sewer utilities, and any storm sewer or system of storm sewers, irrigation lines, or drain lines that connect to the City system. Testing requirements are shown in the Technical Specifications or appropriate City Standards. All inspections shall be performed by the Inspector.

Inspectors shall have the authority to reject work that is unsatisfactory, faulty, defective, or does not conform to the requirements of the drawings and specifications. Observation shall not relieve the Contractor from any obligation to construct the work strictly in accordance with the drawings and specifications. Work not so constructed shall be removed and replaced by the Contractor at its own expense.

16.0 FIELD RECORDS

The Contractor shall maintain at the site office current copies of all drawings, specifications, and other Contract Documents and supplementary data, complete with latest revisions thereto. In addition, the Contractor shall maintain a continuous record of all field changes and, at the conclusion of work, shall incorporate all such changes on the drawings and other engineering data and shall submit the required number of copies thereof to the City.

17.0 CONTRACTOR’S SUPERVISION AT THE SITE

The Contractor shall furnish adequate management, supervisory, and technical personnel on the site to ensure expeditious and competent handling of the work. A superintendent experienced in construction of the type specified and who is a permanent member of the Contractor’s organization shall be a resident at the project throughout the construction. The superintendent shall be fully authorized to act for the Contractor and to receive whatever orders or notices may be given for the proper prosecution of the work.

The Contractor’s field organization shall include an experienced staff of qualified technical personnel to handle on-site engineering, planning, and direction of all fieldwork.

The Contractor shall be responsible for complete supervision and control of its subcontractors as though they were its own forces. Notice to the Contractor shall be considered notice to any affected subcontractor.

Any change of the Contractor’s superintendent on the project requires a seventy-two

(72) hour advance written notice to the City. Exceptions are permitted in emergency circumstances and Contractor shall provide written notice to the City immediately after change.

18.0 CONTRACTOR’S OFFICE

During the performance of the Contract, the Contractor shall maintain a suitable office, which shall be headquarters of a representative authorized to receive drawings, instructions, or other communication or articles. Any communication given to the said representative or delivered to the Contractor’s office in its absence shall be deemed to have been delivered to the Contractor.

Copies of items listed under Section 16.0, “FIELD RECORDS,” shall be kept at the Contractor’s office at the site of the work, available for use at all times.

19.0 RELATIONS WITH OTHER CONTRACTORS

The Contractor shall cooperate with all other contractors who may be performing work on behalf of the City and workers who may be employed by the City in the vicinity of the work under the Contract and shall conduct operations to minimize interference with the work of such contractors or workers. The Contractor shall promptly make good, at the Contractor’s own expense, any injury or damage that may be sustained by other contractors or employees of the City at the Contractor’s hands. Any difference or conflict that may arise between the Contractor and other contractors shall be resolved as determined by the City. If the work of the Contractor is delayed because of any acts or omissions of any other contractor, the Contractor shall have no claim against the City on that account other than an extension of time.

If any part of the Contractor’s work is dependent upon the quality and completeness of work performed under another contract, the Contractor shall inspect the other contractor’s work and promptly report defects therein which…