HomeMy WebLinkAboutRFP - P818 ENVIRONMENTAL SERVICES (2)CITY OF FORT COLLINS
Request for Proposals
for
ENVIRONMENTAL SERVICES
WORK ORDER CONTRACT
RFP No. P-818
PROPOSAL OPENING DATE:
3:00 p.m. (Our Clock), JANUARY 23, 2002
215 N Mason, Second Floor, Fort Collins
PRE-PROPOSAL CONFERENCE DATE:
10:00 a.m., January 14, 2002
215 N Mason, First Floor Community Room, Fort Collins
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TABLE OF CONTENTS
Invitation to Propose 3
I. Overview & Instructions to Proposers 5
II. General Scope of Anticipated & Potential Services 8
III. Proposal Description & Format 11
IV. Review & Assessment 13
V. Reference Evaluation 14
Attachments:
Professional Services Agreement
Exhibit A: Work Order Form
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CITY OF FORT COLLINS
REQUEST FOR PROPOSALS
General Environmental Services Work Order Contract:
Proposal No. P-818
INVITATION TO PROPOSE
The City of Fort Collins is seeking qualified consultants for a General Environmental Services
Work Order Contract, to perform services specified below, as needed. These services may
include a variety of environmentally-related services. Contract(s) resulting from this RFP will be
made available to all City departments; use of such contract(s) will be at the option of those
departments, depending upon their needs.
Written proposals, five (5) copies, will be received at the Office of Purchasing and Risk
Management, P. O. Box 580, Fort Collins, Colorado, 80522. Proposals will be received before
3:00 p.m. (our clock), January 23, 2002, identified as Proposal No. P-818. Written questions
may be submitted to this address or via fax at (970) 221-6707 up to ten (10) calendar days prior
to this date.
A copy of the Proposal may be obtained as follows:
1. Call the Purchasing Fax-line, 970-416-2033 and follow the verbal instruction to
request document #30818. (The proposal number must be preceded by 30
when using the Fax-line.)
2. Download the Bid from the Purchasing Webpage, Current Bids page, at:
www.fcgov.com/purchasing.
3. Come by Purchasing at 215 North Mason St., 2nd floor., Fort Collins, and request
a copy of the Proposal.
A Pre-Proposal Conference is scheduled for January 14, 2002, at 10:00 a.m. in the Community
Room, 215 N Mason. (First Floor) We recommend that all interested parties attend, since City
staff may not be available for other meetings during the RFP process.
Questions concerning the scope of the services required should be directed to the Project
Manager, Margit Hentschel, Natural Resources Department, (970) 224-6179. Questions
regarding proposal submittal or the proposal process should be directed John Stephen, CPPB,
Senior Buyer, Purchasing Division, (970) 221-6775.
The City of Fort Collins reserves the right to reject any and all proposals and to waive any
irregularities or informalities.
Sales Prohibited / Conflict of Interest:
No officer, employee, or their dependent or person residing in and sharing the expenses
of their household, shall have a financial interest in the sale to the City of any real or personal
property, equipment, material, supplies, or services. This rule also applies to subcontracts with
the City.
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This shall not apply to members of any authority, board, committee or commission of the
City, other than the members of the City Council. Soliciting or accepting any gift, gratuity, favor,
entertainment, kick-back or any items of monetary value from any person who has sought or is
seeking to do business with the City of Fort Collins is prohibited.
Any vendor knowing of this type of activity is encouraged to report in confidence to the
Director of Purchasing and Risk Management, the Director of Finance, the City Attorney, or the
City Manager so the matter can be dealt with.
Sincerely,
James B. O’Neill II, CPPO, FNIGP
Director of Purchasing & Risk Management
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I. OVERVIEW & INSTRUCTIONS TO PROPOSERS
The City of Fort Collins is requesting proposals from qualified full-service environmental services
Professionals to conduct general environmental consulting services as may be required by the
City from time to time.
Objectives & Structure: This solicitation has four primary objectives:
To provide the City with environmental services consultants with the depth of experience,
staff capabilities, materials, and equipment required to address in a timely and competent
manner the diverse environmental issues that face the City.
To develop a partnership between the City’s environmental management staff and the
environmental services vendor(s), focused on long-term cost savings and reduction in City
expenditures through state-of-the-art approaches to compliance; effective management of
environmental issues, assets, and liabilities; and use of competitive, cost-effective service
providers.
To support City staff and contractors in assuring that the City is proactively addressing its
environmental responsibilities in a high-quality, integrated approach, protecting human
health and the environment and complying with regulatory requirements cost-effectively and
pollution prevention.
To help make the City of Fort Collins a leader in environmental management, quality, and
compliance, resulting in the achievement of a better environment for the citizens of Fort
Collins at a lower overall cost.
These services could be applicable to City properties, operations, and/or services. Contract(s)
resulting from this RFP will be made available to all City departments; use of such contract(s)
will be at the option of those departments, depending upon their needs.
The firm(s) selected to provide these services may be required, on a Work Order (task order)
basis, to provide a wide range of services, as required to meet the City's needs. The general
environmental services solicited herein include, but are not necessarily limited to, items and
tasks in these seven areas:
1. Environmental Assessment and Investigation
2. Remedial Technology Selection and Implementation
3. Ecological Assessment and Permitting
4. Environmental Auditing
5. Human Health Risk Assessment
6. Air Quality Permitting, Monitoring, Modeling, and Compliance
Evaluation & Award: A review team will rank the proposals based on the City of Fort Collins
procedures for the review of professional firms. At least the three highest-ranked Professionals
(in conjunction with any affiliated subconsultants) will then be invited to make formal
presentations to the review team. Based on these interviews, one or more Professionals will be
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retained to provide these general environmental services, as the need for work is generated,
based upon their ranking.
The City recognizes that different Professional firms and subconsultants may have different
levels of expertise and experience in different service areas. Each Proposer must be explicit
and detailed in response to this RFP in regard to the Professional’s and subconsultant(s)’
specific strengths, experience, and areas of expertise. It is possible that the City will choose not
to incorporate one or more portions of the general scope of services described in this Request
for Proposals into any contract(s) executed pursuant to Request for Proposals. (See also
Section III below, Proposal Description & Format.)
Work Order Procedures: Work performed pursuant to contract(s) executed pursuant to this
Request for Proposals will be authorized by Work Order, issued by the appropriate
department(s). No Work Order shall exceed $50,000. The City reserves the right to
independently seek proposals on any project, rather than issuing a Work Order to the
Professional. The Professional shall provide all personnel, equipment and supplies necessary
to complete the professional services set forth in the Scope of Work. Total project time, any
retainage clause, and any applicable liquidated damages clause will be determined as part of
the project Work Order for each individual project.
If the City chooses to enter into more than one contract, after the contracts are completed, the
highest-ranked Professional will be considered first for any Work Order. If the City determines
that company cannot meet the required time schedule, or a conflict of interest exists, or the work
to be performed is not within the scope of the capabilities of that company and/or any applicable
subconsultants, the second-highest-ranked Professional with whom the City has contracted will
be considered for the work.
Term & Fees: Any agreement(s) will be effective for a period of one year from the date of the
completed Professional Services Agreement, and will be renewable for four (4) additional one-
year terms (one at a time), at the option of the City and if the Contractor is agreeable to the
same terms and conditions contained herein. Fees and costs shall remain the same for the first
renewable term. If appropriate, increases in fees and costs may be negotiated for the
subsequent renewals. Any such increases shall not exceed the Denver-Boulder CPI index.
Method Of Payment: The Professional shall receive payments for satisfactorily-completed
work based on verified progress in the following manner: The cost of the work completed shall
be paid to the Professional each month following the submittal of a bill by the Professional
indicating the percentage of that work that has been completed by task, and including a brief
progress report.
All bills submitted by the Professional shall be directed to the City Representative for review and
authorization of payment.
Billings and payments will be made using the prices listed on the agreed-to Price Schedule. In
the event a service is requested which is not listed on the Price Schedule, the Consultant and
the City will negotiate an appropriate unit price for the service. A copy of the City's standard
Professional Services Agreement for Work Order Contracts and a sample Work Order are
attached.
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Conferences: During the progress of the work, the Professional shall confer with the City as
necessary to ensure that the completed work will meet with the City’s approval. The City will
designate a City Representative for each project Work Order. The Professional shall meet with
the City Representative at intervals to review the progress of the work and shall be required to
submit brief monthly progress reports to the City Representative.
II. GENERAL SCOPE OF ANTICIPATED & POTENTIAL SERVICES
This section is intended to outline and define the categories in the general scope of work that
may be needed by the City. The items or tasks listed in each general category are examples of
the types of specific services that the City anticipates are likely to be required or may potentially
be required. It is possible that additional or extended similar services may be required at some
point in time, and the City may choose to utilize the Professional under such circumstances.
However, the City makes no assurance that any specific service described in this section will be
needed during the initial one-year term of any contract that may be awarded pursuant to this
Request for Proposal, or during any extension of such a contract.
See Section III below, Proposal Description & Format, for more information on defining your
capabilities in relationship to these categories, items, and tasks, and other similar capabilities.
In general, in all relevant categories, please be prepared to incorporate compliance with all
Federal, State, regional, and local laws, regulations, and policies.
1. Environmental Assessment and Investigation
The Professional will work with the City to:
a. Perform due diligence assessments (Phase I Environmental Site Assessments
in accordance with ASTM standards) of property to be acquired by the City,
including recommendations regarding the potential liability associated with a
property.
b. Perform Phase 2 investigations associated with and in support of the above
property transfer due diligence assessments.
c. Provide, on an as-required basis, integrated services for the collection, analysis,
and interpretation of environmental samples (air, water, soil, biota, and wastes).
d. Design and perform subsurface soil and groundwater investigations associated
with leaking underground tanks, release of hazardous substances, or other
environmental impacts. These services are to include the capability of providing
drilling and sample collection, and analytical and laboratory services.
e. Advise the City in matters associated with contaminant transport, hydrogeology,
geology, environmental chemistry, and related disciplines needed to assess the
potential environmental exposure to hazardous substances releases.
f. Advise the City on matters associated with Superfund, state mandated
cleanups, underground storage tank programs, voluntary cleanup program, and
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other investigative type programs. Prepare Spill Prevention and train employees
on SPCC plan procedures.
g. Advise the City on issues associated with the use and release of petroleum
fuels, chlorinated solvents, PCBs, metals, and other constituents that may
represent a threat to human health and the environment.
2. Remedial Technology Selection and Implementation
The Professional will work with the City to:
a. Evaluate the impact of environmental releases of hazardous substances or
petroleum products on soil and in groundwater.
b. Determine the technologies that would be applicable to mitigate the concerns
caused by release of hazardous substances or petroleum products.
c. Design, implement, and/or manage environmental remediation projects,
including excavation and disposal, in-situ treatment of soil and groundwater,
vapor extraction, bioventing, groundwater pump-and-treat projects, and intrinsic
remediation technologies. These services are to include obtaining any
necessary regulatory agency approvals.
d. Prepare necessary reports and submittals, both for the City and for any other
relevant regulatory or public agency.
e. Excavate and contain hazardous and non-hazardous contaminated materials.
f. Collect and/or treat contaminated water.
g. Provide post-cleanup site assessment, following appropriate site closure
procedures.
3. Ecological Assessment and Permitting
The Professional will work with the City to:
a. Design and conduct assessments of the impact of various programs (i.e., road
construction) on ecological receptors such as riverine and wetland environment
and terrestrial habitats.
b. Advise the City in matters associated with environmental permits (i.e. 404 permit
for wetland activity), including the preparation and submittal of such permits.
c. Advise the City in matters associated with projects to improve, manage, and
develop habitat.
d. Design site revegetation and restoration projects.
e. Conduct assessments of threatened and endangered species.
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4. Voluntary Cleanup
The Professional will work with the City to evaluate the applicability of voluntary cleanup
regulations or policies for City properties, or properties of interest to the City, and
prepare the plans required to implement such actions.
5. Environmental Auditing
The Professional will work with the City to:
a. Design and conduct audit programs needed to assess activities and services,
and assure environmental compliance.
b. Develop specific protocols for auditing environmental, health, and safety
compliance and related issues.
c. Provide and report on specific environmental, health, and safety compliance
assessments.
6. Human Health Risk Assessment
The Professional will work with the City to design, review, and/or perform work plans for
ecological and human health risk assessments.
7. Air Permitting, Monitoring, Modeling, and Compliance
The Professional will work with the City to:
a. Develop and prepare air permits.
b. Perform air monitoring, record keeping, and reporting. Prepare routine and
special reports of air quality data.
c. Advise the City on implications of pending or proposed federal, state, regional,
or local air quality laws, regulations, ordinances, and standards.
d. Advise and assist in the development or review of risk management plans for
responding to the accidental release of regulated substances.
e. Prepare air hazard assessment regarding release scenarios, zones of impact,
identification of impacted receptors.
III. PROPOSAL DESCRIPTION & FORMAT
Written proposals should be structured in this fashion and should include, at a minimum, the
following sections:
Proposal Section One: Scope of Proposal
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This section is to include, at a minimum, the following components:
1-A. Proposal Understanding. This section should demonstrate the understanding of the
Professional (and any applicable subconsultants) of the required services, and of the
policy and procedural issues that may be involved in providing such services. This
section should not exceed 5-8 pages.
1-B. Specific Service Requirements. This section should consist of a description of the
understanding, expertise, and experience of the Professional (and any applicable
subconsultants) in relationship to each item or task listed in Section II above. This
section should not exceed one-half to one page of description for each of the 29 items
or tasks listed separately in Section II, or no more than 15-20 pages total.
1-C. Relevant Project Experience. This section should consist of summary descriptions of
projects that will provide examples of how the Professional and any affiliated
subconsultants have performed the activities included in the scope of work in the past.
Detailed or extended descriptions may be provided in the Appendices. This section
should not exceed 5-8 pages.
Proposal Section Two: Capabilities and Qualifications
This section is to include, at a minimum, the following components:
2-A. Capabilities. This section should describe the capabilities of the Professional and any
affiliated subconsultants, based on education, experience, and previous projects. This
should include a matrix chart or description of area of expertise vs. available staffing.
Please also include in this section a description of any additional similar and related
environmental service and consulting capabilities, above and beyond those required to
perform the services described in Section II above.
2-B. Staff. This section should list staff members who will provide services directly, including
the length and type of experience related to each type of service, specific areas of
expertise, and billing category. Include resumes for these persons in the Appendices.
2-C. References. This section should consist of five client references that the City may
contact concerning performance on current or recent projects, complete with address,
phone numbers, and contact persons, including at least one municipality or public entity
for whom the Professional has done work. Reference review procedures are described
in Section V below.
2-D. Subconsultants. This section should list the name, address, phone numbers,
capabilities, qualifications, experience, and expertise of any subconsultant to be
retained by the Professional to assist in any of the defined service areas.
Proposal Section Three: Fees and Costs
This section is to include, at a minimum, the following components:
3-A. General Labor and Direct Costs. This section should consist of a schedule of hourly
rates by each labor category and an additional schedule for direct and reimbursable
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costs associated with the performance of such work, for both the Professional and for
any subconsultants (not including laboratory and testing costs; see below).
3-B. Specific Scope of Services Costs. This section should consist of a schedule of costs
relating to the specific items included in Section II above, General Scope of Anticipated
& Potential Services, organized in that fashion. This should include any and all specific
costs, separate from the Professional’s/subconsultant’s general labor and direct costs,
that would be associated with providing those services. Specifically, this section should
include laboratory and testing costs, with identification of the laboratory and testing
facilities that the Professional intends to use.
3-C. Other Costs. A schedule of costs, not included above, for any additional services or
expenses, that you believe, based upon your professional experience, may be of value
to the City under specific circumstances.
Proposal Section Four: Appendices
4-A. Resumes.
4-B. Detailed Project Descriptions. Additional project descriptions may be included here.
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IV. REVIEW AND ASSESSMENT
Professional firms will be evaluated on the following criteria. These criteria will be the basis for
review of the written proposals. The rating scale shall be from 1 to 5, with 1 a poor rating, 3 an
average rating, and 5 an outstanding rating.
Weighting Factor Qualifications Standard
2.0 Scope of Proposal &
Innovation
Does the proposal show an understanding of the
project objectives, methodology, and
requirements? Has the firm demonstrated
innovative professional approaches to problem-
solving?
2.0 Firm Capability Does the firm have the technical experience,
quality assurance and quality control procedures,
and staff to perform the contract? Can the firm
provide special expertise, additional staff, or
specialized subconsultants for a large project?
Has the firm previously performed the type and
full range of services required?
2.0 Assigned Personnel Do the persons who will work on the contract
have the necessary skills? Are sufficient people
of the requisite skills assigned to the contract?
1.0 Availability Can the work be completed in the time frame
required? Can targeted start- and completion
dates be met? Can additional qualified staff be
made available on short notice as needed? Does
the senior staff have adequate time available?
What is the ratio of senior staff to junior staff?
1.0 Motivation Is the firm interested in the work? Are they
committed to successful performance and
completion of the contract?
2.0 Costs Is the company cost-competitive and cost-
effective? Are they capable of controlling their
costs and meeting on-time performance?
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VI. REFERENCE EVALUATION (TOP-RANKED FIRMS)
The Project Managers will check references using the following criteria. The evaluation
rankings will be labeled Satisfactory / Unsatisfactory.
QUALIFICATION STANDARD
Overall Performance Would you hire this Professional 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 Professional responsive to
client needs; did the Professional anticipate problems?
Were problems solved quickly and effectively?
Budget Was the original Scope of
Work completed within the project budget?
Job Knowledge a) If a study, did it meet the Scope of
Work?
b) If Professional administered a contract with another
contractor, was the project properly completed? Were
problems corrected quickly and effectively.
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SERVICES AGREEMENT
WORK ORDER TYPE
THIS AGREEMENT made and entered into the day and year set forth below, by and
between THE CITY OF FORT COLLINS, COLORADO, a Municipal Corporation, hereinafter
referred to as the "City" and ____________________, hereinafter referred to as "Service
Provider".
WITNESSETH:
In consideration of the mutual covenants and obligations herein expressed, it is agreed
by and between the parties hereto as follows:
1. Services to be Performed.
a. This Agreement shall constitute the basic agreement between the parties for
services for ________________________. The conditions set forth herein shall apply to all
services performed by the Service Provider on behalf of the City and particularly described in
Work Orders agreed upon in writing by the parties from time to time. Such Work Orders, a
sample of which is attached hereto as Exhibit "A", consisting of ____ (___ ) page[s], 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
workorder shall exceed $_________. The only services authorized under this agreement are
those which are performed after receipt of such Work Order, except in emergency
circumstances where oral work requests may be issued. Oral requests for emergency actions
will be confirmed by issuance of a written Work Order within two (2) working days.
b. The City may, at any time during the term of a particular Work Order and without
invalidating the Agreement, make changes within the general scope of the particular services
assigned and the Service Provider agrees to perform such changed services.
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2. Changes in the Work. The City reserves the right to independently bid any
services rather than issuing work to the Service Provider pursuant to this Agreement. Nothing
within this Agreement shall obligate the City to have any particular service performed by the
Service Provider.
3. Time of Commencement and Completion of Services. The services to be
performed pursuant to this Agreement shall be initiated as specified by each written Work Order
or oral emergency service request. Oral emergency service requests will be acted upon without
waiting for a written Work Order. Time is of the essence.
4. Contract Period. [Option 1] This Agreement shall commence upon the date of
execution shown on the signature page of this Agreement and shall continue in full force and
effect for one (1) year, unless sooner terminated as herein provided. In addition, at the option of
the City, the Agreement may be extended for an additional period of one (1) year at the rates
provided with written notice to the professional mailed no later than 90 days prior to contract
end.
4. Contract Period. [Option 2] This Agreement shall commence _____ 200_, and
shall continue in full force and effect until _______, 200_, unless sooner terminated as herein
provided. In addition, at the option of the City, the Agreement may be extended for additional
one year periods not to exceed __ (_) additional one year periods. 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. 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
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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:
City Service Provider
___________________________ __________________________
___________________________ __________________________
___________________________ __________________________
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. No Work Order of _______ 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 ____ (___) page[s], and incorporated herein by this reference.
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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,
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 concerning this Agreement shall be
directed to the City Representative.
10. Independent Contractor. It is agreed that in the performance of any services
hereunder, the Service Provider is an independent contractor responsible to the City only as to
the results to be obtained in the particular work assignment and to the extend that the work shall
be done in accordance with the terms, plans and specifications furnished by the City.
11. 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.
12. 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.
13. 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
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workmanship shall be acceptable to City.
(c) Service Provider warrants all equipment, materials, labor and other work,
provided under this Agreement, except City-furnished materials,
equipment and labor, against defects and nonconformances in design,
materials and workmanship/workwomanship for a period beginning with
the start of the work and ending twelve (12) months from and after final
acceptance under the Agreement, regardless whether the same were
furnished or performed by Service Provider or by any of its subcontractors
of any tier. Upon receipt of written notice from City of any such defect or
nonconformances, the affected item or part thereof shall be redesigned,
repaired or replaced by Service Provider in a manner and at a time
acceptable to City.
14. 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.
15. 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.
16. 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.
17. 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
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death of any person or persons, or damages to property arising out of, result from or occurring in
connection with the performance of any service hereunder.
b. The Service Provider shall take all necessary precautions in performing the work
hereunder to prevent injury to persons and property.
c. Without limiting any of the Service Provider's obligations hereunder, the Service
Provider shall provide and maintain insurance coverage naming the City as an additional
insured under this Agreement of the type and with the limits specified within Exhibit "D",
consisting of _____ (____) page[s], attached hereto and incorporated herein by this reference.
The Service Provider before commencing services hereunder, shall deliver to the City's Director
of Purchasing and Risk Management, 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 parties. Covenants or
representations not contained in this Agreement shall not be binding on the parties.
19. 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.
20. Special Provisions. [Optional] Special provisions or conditions relating to the
services to be performed pursuant to this Agreement are set forth in Exhibit ___, consisting of
_____ (____) page[s], attached hereto and incorporated herein by this reference.
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CITY OF FORT COLLINS, COLORADO
a municipal corporation
By: _________________________________
John F. Fischbach
City Manager
By: __________________________________
James B. O'Neill II, CPPO, FNIGP
Director of Purchasing and Risk Management
Date:_________________________________
ATTEST:
____________________________
City Clerk
APPROVED AS TO FORM:
____________________________
Assistant City Attorney
[INSERT CORPORATIONS NAME] or
[Insert Partnership name] or
[Insert individual's name]
Doing business as [Insert name of business]
By: _________________________________
______________________________________
PRINT NAME
______________________________________
CORPORATE PRESIDENT OR VICE PRESIDENT
Date:_________________________________
ATTEST: (Corporate Seal)
___________________________
CORPORATE SECRETARY
WOSA 10/97
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 _________________________________
User
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:______________________________
WOSA 10/97
Date:_________________________________
The attached forms consisting of ____ (_) pages
are hereby accepted and incorporated herein by
this reference, and Notice to Proceed is hereby
given.
City of Fort Collins
By: _________________________________
Date: _______________________________