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HomeMy WebLinkAbout180828 COLORADO BORING - CONTRACT - BID - 5471 DIRECTIONAL BORING,;flit SERVICES AGREEMENT WORK ORDER TYPE THIS AGREEMENT made and entered into the day and yeah set forth below, by and between THE CITY OF FORT COLLINS, COLORADO, a Municipal. Corporation, hereinafter referred to as the "City" and Jon Jacobs Doing Business As Colorado Boring Company, hereinafter referred to as "Service Provider" i 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 Directional Boring 3" and Below 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 timl Such Work Orders, a sample of which is attached hereto as Exhibit "A", consisting of one (I) page, and incorporated herein by this reference, shall include a description of the services to be performed, the location and time for performance, the amount of payment, any materials to b I supplied by the City and any other special circumstances relating to the performance of services No workorder shall exceed $50,000 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 WOSA 7/98 1 I EXHIBIT C YEAR 2000 COMPLIANCE CERTIFICATION AND INDEMNITY Se tic on 1 Contractor hereby certifies that all information resources or systems to be provided or used in connection with the performance of this Agreement are "Year 2000 Compliant", except as otherwise expressly described in Section) 2, 1 below "Year 2000 Compliant" shall mean that information resources meet the following criteria i a Data structures (e g , databases, data files) provide 14-digit date century recognition For example, "1996" provides date century recognition, "96" does not b Stored data contains date century recognition, include I g (but not limited to) data stored in databases and hardware/device internal system dates I c Calculations and programs logic accommodate both same century and multi - century formulas and date values Calculations and logic include (but are not limited to) sort algorithms, calendar generation, event recognition, and all processing actions that use or produce date values d Interfaces (to and from other systems or organizations) prevent non -compliant dates and data from entering any state system I I e User interfaces (i e , screens, reports, etc ) accurately show 4 digit years f Year 2000 is correctly treated as a leap year within all calculation and calendar logic Se tic on 2 Contractor agrees to notify the City immediately of any information resources or systems that are not Year 2000 Compliant upon encountering the same in connection with the performance of the Agreement, including without limitation any I information resources or systems in use by Contractor in the performance of the Agreement or information resources or systems of the City regarding which Contractor obtains information+ in the course of its performance of the Agreement Section 3 Contractor agrees to permit examination, by the City' or agents thereof, of any and all information resources and systems in use in connection with this Agreement, and related Year 2000 Compliance implementation plans, in order to evaluate Year12000 Compliance and potential implications of the same for the City and for performance of the Agreement Section 4 The Contractor shall indemnify and hold harmless the ICity, and its officers, agents and employees, from and against all claims, damages, losses, and expenses, including attorneys fees, arising out of or resulting from the Contractor's information resources or systems that are not Year 2000 Compliant N C 2 EXHIBIT D INSURANCE REQUIREMENTS The Service Provider will provide, from insurance companies aca coverage designated hereinafter and pay all costs, Before con Service Provider shall furnish the City with certificates of insurance operations covered, effective dates and date of expiration of police following statement" "The insurance evidenced by this Certificate will not be cancelled or (10) days written notice has been received by the City of Fort Collins In case of the breach of any provision of the Insurance Requremen out and maintain, at the expense of the Service Provider, such insur and may deduct the cost of such insurance from any monies whic Service Provider under this Agreement The City, its officers, agents additional insureds on the Service Provider's general liability and au for any claims arising out of work performed under this Agreement Insurance coverages shall be as follows A Workers' Compensation & Employer's Liability The Service life of this Agreement for all of the Service Provider's empli under this agreement Workers' Compensation insurance with statutory limits 2 Employer's Liability insurance with limits of $100 aggregate, and $100,000 disease each employee B Commercial General & Vehicle Liability The Service Provic this Agreement such commercial general liability and aut provide coverage for damage claims of personal injury, includ claims for property damage, which may arise directly or indin under this Agreement Coverage for property damage shall amount of insurance for each coverage, Commercial General $500,000 combined single limits for bodily injury and property In the event any work is performed by a subcontractor, the for any liability directly or indirectly arising out of the work subcontractor, which liability is not covered by the subcont e to the City, the insurance ng work under this bid, the -ig the type, amount, class of i containing substantially the altered, except after ten I ie City, at its option, may take aI as the City may deem proper 3y be due or become due the lemployees shall be named as >bile liability insurance policies fer shall maintain during the engaged in work performed as iequired by Colorado law per accident, $500,000 disease i �r shall maintain during the life of mobile liability insurance as will ig accidental death, as well as for ctlyifrom the performance of work be on a "broad form" basis The 3nd,Vehicle, shall not be less than Provider shall be responsible ied under this Agreement by a insurance b The City may, at any time during the term of a particular Work Order and without invalidating the Agreement, make changes within the general scopei of the particular services assigned and the Service Provider agrees to perform such changed services 2 Changes in the Work The City reserves the right �to independently bid any services rather than,isswng work to the Service Provider pursuant td this Agreement Nothing within this Agreement shall obligate the City to have any particular service performed by the Service Provider 3 performed pursuant to this Agreement shall be initiated as specified or oral emergency service request Oral emergency service waiting for a written Work Order Time is of the essence 4 Contract Period This Agreement shall commence continue in full force and effect until March 31, 2001, unless provided In addition, at the option of the City, the Agreement may The services to be each written Work Order will be acted upon without signing, and shall terminated as herein extended for additional one year periods not to exceed four (4) additional one year periods Pricing changes shall be negotiated by and agreed to by both parties and may not exceed the Denver - Boulder CPI-U as published by the Colorado State Planning and Budget Office Written notice of renewal shall be provided to the Service Provider and mailed no later than 90 days prior to contract end 5 Dglay 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 the onset of such condition WOSA 7/98 t fifteen (15) days from 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 City of Fort Collins, Purchasing Service Provider 2546 W Mountain Avenue Colorado Boring Company Ft Collins, CO 80521 405 N Cnty Rd 3 Attn John Stephen Ft Collins! CO 80524 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 pay rient 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 No Work Order of $50,000 or more shall be issued 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 "B", consisting of one (1) page, and incorporated herein by this reference b Payment shall be made by the City only upon acceptance of the work by the City and upon the Service Provider furnishing satisfactory evidence of payment of all wages, taxes, WOSA 7/98 2 supplies and materials, and other costs incurred in connection with the performance of such work 9 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 be directed to the City Representative 10 Inde endent Contractor It is agreed that in the hereunder, the Service Provider is an independent contractor the results to be obtained in the particular work assignment and to the be done in accordance with the terms, plans and specifications 11 Personal Services It is understood that the City based on the special abilities of the Service Provider and that considered as an agreement for personal services Accordingly, neither assign any responsibilities nor delegate any duties arising ur the prior written consent of the city 12 Acceptance Not Waiver The City's approval or any of the services shall not be construed to operate as a this Agreement shall ce of any services to the City only as to that the work shall by the City 's into the Agreement 5 Agreement shall be Service Provider shall the Agreement without of, or payment for of any rights under the Agreement or of any cause of action arising out of the performance of this Agreement 13 Warrant (a) Service Provider warrants that all work pe performed with the highest degree of compel with accepted standards for work of a similar (b) Unless otherwise provided in the Agreement, al incorporated into any work shall be new and, v most suitable grade of their respective kinds for workmanship shall be acceptable to City WOSA 7/98 3 ed hereunder shall be and care in accordance materials and equipment sere not specified, of the -ieir intended use, and all (c) Service Provider warrants all equipment, materials, labor and other work, provided under this Agreement, except City -furnished materials, equipment and labor, against defects and nonconformances in design, materials and workmanship/workwomanship for a period beginning with the start of the work and ending twelve (12) months from and after final acceptance under the Agreement, regardless whether the same were furnished or performed by Service Provider or by any of its subcontractors of any tier Upon receipt of written notice fromIcity 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 14 Default Each and every term and condition hereof material element of this Agreement In the event either party according to the terms of this agreement, such party may be d 15 Remedies In the event a party has been declared party shall be allowed a period of ten (10) days within which to cur( the default remains uncorrected, the party declaring default may Agreement and seek damages, (b) treat the Agreement as cont performance, or (c) avail himself of any other remedy at law or e party commences legal or equitable actions against the defaulting shall be liable to the non -defaulting party for the non -defaulting part and costs incurred because of the default 16 Binding Effect This writing, together with the entire agreement between the parties and shall be binding upon II be deemed to be a fail or refuse to perform in default thereof default, such defaulting said default In the event to (a) terminate the uing and require specific If the non -defaulting arty, the defaulting party reasonable attorney fees hereto, constitutes the 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 17 Indemnity/Insurance a The Service Provider agrees to indemnify and save harmless the City, its officers, agents and employees against and I from any and all actions, suits, claims, demands or liability of any character whatsoever, brought or asserted for injuries WOSA 7/98 4 I 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 precaution's in; performing the work i hereunder to prevent injury to persons and property c Without limiting any of the Service Provider's obligations hereunder, the Service I Provider shall provide and maintain insurance coverage naming the City as an additional I insured under this Agreement of the type and with the limits specified within Exhibit "D", consisting of one (1) page, attached hereto and incorporated herein by this reference The I Service Provider before commencing services hereunder, shall deliver tol the City's Director of i Purchasing and Risk Management, 256 West Mountain Avenue, Fort Collins, Colorado 80521 one copy of a certificate evidencing the insurance coverage required from an insurance company acceptable to the city 18 Entire Agreement This Agreement, along with all Exhibits!and other documents incorporated herein, shall constitute the entire Agreement of the'i parties Covenants or representations not contained in this Agreement shall not be binding on the parties 19 Law/Severabihty 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 unenforceable any other provision of this Agreement 20 Special Provisions Special provisions or conditions be performed pursuant to this Agreement are set forth in Exhibit C, attached hereto and incorporated herein by this reference WOSA 7198 5 not invalidate or render I ng to the services to of one (1) page, J WOSA 7/98 CITY OF FORT COLLINS, a municipal corporation City B O'Neill II, CPPO r of Purchasing and Risk Management Date 1 5 / 13 120 Jon Jacofls DoSi�g-Busmless As Colorado Boring Company 0 Date EXHIBIT "A" WORK ORDER FORM PURSUANT TO AN AGREEMENT BETWEEN THE CITY OF FORT COLLINS AND DATED Work Order Number _ Purchase Order Number Project Title Commencement Date _ Completion Date Maximum Fee (time and reimbursable direct costs) Project Description Scope of Services Acceptance 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 Services Agreement between the parties In the event of a conflict between or ambiguity in the terms of the Services Agreement and this work order (including the attached forms) the Services Agreement shall control Service Provider By Date The attached forms consisting of _ (_) pages are hereby accepted and incorporated herein by this reference, and Notice to Proceed is hereby given I City of Fort Collins By Date WOSA 7/98 I i EXHIBIT B i I Bid Schedule I Linear feet and pot holes are an arbitrary number for bid purposes only The City reserves the right to award in the best interest of the City, either by linear foot or total cost o I Directional boring $ f y /Linear Foot X 185LF =Total $ .2 h zz With one 3" conduit Directional boring $ r q.� /Linear Foot X 15OLF =Total $ With two 3" conduit ' am Pot holing $ V' /Pot hole X 10 locations = Total $_1I I i o Total Cost $ G 7 i n i Firm Name _ CO /t9l^a o UO^1r 12,Q`L/� D.-�04id y (A o a rporation,�Partnership PC) Signature PRINTED NAME 4cc e, d4—r Title O OW'07E/�A/ e Address y/�� r��11 N. 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