Loading...
HomeMy WebLinkAboutMCLEOD USA - CONTRACT - CONTRACT - FIBER OPTICS CABLE CONDUIT PURCHASE AND INSTALLATICity of Fort Collins Admi ;trative Services Purchasing Division LETTER OF TRANSMITTAL To: Carrie Daggett, Assistant City Attorney John Fischbach, City Manager Wanda Krajicek, City Clerk From: James B. O'Neill II, CPPOF ' Director of Purchasing & s nt. Date: January 17, 2001 Re: Fiber Optics Cable Conduit Purchase and Installation RECEIVED JAN 17 2001 vly CITY T Na Attached find four (4) sets of contract documents regarding the above -mentioned matter. Would you approve as to form and forward to the City Manager. John, please sign the contract documents and forward them to the City Clerk. Wanda, please call Purchasing, Jim will come over, sign the contracts and have you attest his signature. Would you call Purchasing when that is completed. Thank you. 256 W. Mountain Avenue • P.O. Box 580 • Fort Collins, CO 80522-0580 • (970) 221-6775 • FAX (970) 221-6707 SERVICES AGREEMENT 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 McLeodUSA Telecommunications Services, Inc. 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. Scope of Services. The Service Provider agrees to provide services in accordance with the scope of services attached hereto as Exhibit "A" consisting of one (1) page, and incorporated herein by this reference. 2. Time of Commencement and Completion of Services. The services to be performed pursuant to this Agreement shall be initiated within one (1) day following execution of this Agreement. Services shall be completed no later than January 31, 2001. Time is of the essence. Any extensions of the time limit set forth above must be agreed upon in a writing signed by the parties. 3. Contract Period. 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 Service Provider mailed no later than ninety (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 its fault or negligence, then the SA 10/97 party so prevented shall be excused from whatever performance is prevented by such cause. To the extent that the performance is actually prevented, the Service Provider must provide written notice to the City of such condition within fifteen (15) days from the onset of such condition. 6. Early Termination by City/Notice 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 delivered at least thirty (30) 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 addresses: City: James B. O'Neill II, CPPO Director of Purchasing and Risk Management City of Fort Collins P. O. Box 580 Fort Collins, CO 80522 Service Provider: McLeodUSA Telecommunications Services, Inc. Attn: Law Group 6400 C Street, SW Cedar Rapids, Iowa 52406 In the event of early termination by the City, the Service Provider shall be paid for services rendered through the date of termination.. Such payment shall be the Service Provider's sole right and remedy for such termination. 7. Contract Sum. The City shall pay the Service provider for the performance of this Contract, subject to additions and deletions provided herein, the sum of Two Hundred Forty Nine Thousand Four Hundred Eighty Dollars ($249,480.00) such amount shall be paid within thirty (30) days of invoice date. 8. City Representative. The City will designate, prior to commencement of the work, its representative who shall make, within the scope of his or her authority, all necessary and proper decisions with reference to the services provided under this agreement. All requests concerning SA 10/97 this agreement shall be directed to the City Representative. 9. Independent Service provider. The services to be performed by Service Provider are those of an independent service provider and not of an employee of the City of Fort Collins. The City shall not be responsible for withholding any portion of Service Provider's compensation hereunder for the payment of FICA, Workmen's Compensation or other taxes or benefits or for any other purpose. 10. Assignment. Except as provided in this paragraph 10, neither Party shall assign or otherwise transfer this Agreement or its rights or obligations hereunder to any third party without the prior written consent of the other Party, which will not be unreasonably withheld or delayed. At any time, both Parties shall have the right, without the other Party's consent, to assign or otherwise transfer this Agreement as collateral to any lender or to any parent, subsidiary or affiliate of itself or any corporation into which it may be merged or consolidated or which purchases all or substantially all of its assets; provided, however, that any such assignment or transfer shall be subject to the other Party's rights under this Agreement and any assignee or transferee shall continue to perform the assigning Party's obligations to the other Party under the terms and conditions of this Agreement and written notice of any such assignment provided to the City with thirty (30) days. Notwithstanding any other provisions of this Agreement, Service Provider may at its sole discretion use or employ subcontractors to perform its duties. 11. 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 or benefits provided to the City under this Agreement or cause of action arising out of performance of this Agreement. SA 10/97 12. Warran (a) Service Provider warrants that all work performed hereunder shall be performed with the requisite degree of competence and care in accordance with accepted standards for work of a similar nature. (b) Unless otherwise provided in the Agreement, all materials and equipment incorporated into any work shall be new and, where not specified, of the most suitable grade of their respective kinds for their intended use, and all workmanship shall be reasonably acceptable to City. (c) Service Provider shall assign all manufacturer's warranties to the City for materials incorporated into the work. Service Provider otherwise warrants all labor and other work provided under this Agreement, against defects and nonconformances in design, 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 reasonably acceptable to City. 13. 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. 14. 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. IN NO EVENT, SHALL SERVICE PROVIDER BE LIABLE, WHETHER BASED ON CONTRACT, INDEMNITY, WARRANTY, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY SA 10/97 OR OTHERWISE, FOR SPECIAL, INCIDENTAL, EXEMPLARY OR CONSEQUENTIAL DAMAGES, INCLUDING BUT LIMITED TO, LOSS OF PROFITS OR REVENUES, LOSS OF USE OF EQUIPMENT OR PROPERTY, COST OF CAPITAL, COST OF SUBSTITUTE EQUIPMENT, FACILITIES OR SERVICES, DOWNTIME COSTS, FINES OR PENALTIES IMPOSED BY GOVERNMENTAL AUTHORITIES OR CLAIMS OF CUSTOMERS. 15. 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 representatives, successors and assigns of said parties. 16. 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 brought or asserted for injuries to or death of any person or persons, or damages to property arising out of, result from or occurring in connection with the negligent performance of any service hereunder by Service Provider. 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 B consisting of one (1) page, attached hereto and incorporated herein by this reference. The Service Provider 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. SA 10/97 17. 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. 18. Law/Severability. The laws of the State of Colorado shall govern the construction interpretation, execution and enforcement of this Agreement. 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 CITY OF FORT COLLINS, COLORADO, a municipal corporation By: Joh F. Fischbach City Manager By. D Jame . O'Neill II, CPPO DirecW of Purchasing and Risk Management Date: ! 131 Jz "�-o I ATTEST: City Clerk ii -• j� •• = — ` ��_ • fiim McLeodUSA Telecommunications Services, Inc., An Iowa corporation APPROVED By: ( 1y V O D(< f Law Grour� Date:�aW-,Lav i �acc� U Date I -OF-o A ST: � J `-Ckal , vw CcffRATE SECRETARY SA 10/97 Exhibit A Scope Of Work Fiber Optics Cable Conduit Purchase and Installation The City shall purchase from McLeod Communications approximately 10.5 miles of one and one- half inch (1.5"), SDR 13.5 or better, HDPE conduit at a cost of fifty (0.50) cents per foot. The above provided conduit is to be installed underground coincidentally with the under -grounding of McLeod's conduit at a cost of four (4) dollars per foot. The City's conduit will be adjacent to and parallel with the McLeod conduit except at McLeod vaults. The City's conduit will be separated from the McLeod conduit bundle and routed around the vault upon which it will rejoin the McLeod conduit bundle. The total installation route is to cover, more or less, ten and one half miles from the intersection of Taft Hill Road and Harmony Road eastward to the vicinity of College Avenue, then Northwards on a path paralleling College Avenue to Vine Street, then westward along Vine as is reasonably possible to Taft Hill Road. The City's portion of the conduit installation shall terminate at this point. AutoCad "asbuilts" of the exact route of the conduit installation are to be provided to the City upon final completion of the installation. Estimated costs to the City for its portion of the project are: 10.5 miles of 1.5" conduit @ 0.50 cents/foot = $27,720.00 Installation of 10.5 miles of conduit Cad $4/foot = $221,760.00 TOTAL $249,480.00 SA 10/97 INSURANCE REQUIREMENTS The Service Provider will provide, from insurance companies acceptable tothe City, the insurance coverage designated hereinafter and pay all costs. Before commencing work under this bid, the Service Provider shall furnish the City with certificates of insurance showing the type, amount, class of operations covered, effective dates and date of expiration of policies, and containing substantially the following statement" "The insurance evidenced by this Certificate will not be cancelled or materially altered, except after ten (10) days written notice has been received by the City of Fort Collins." In case of the breach of any provision of the Insurance Requirements, the City, at its option, may take out and maintain, at the expense of the Service Provider, such insurance as the City may deem proper and may deduct the cost of such insurance from any monies which may be due or become due the Service Provider under this Agreement. The City, its officers, agents and employees shall be named as additional insureds on the Service Provider's general liability and automobile liability insurance policies for any claims arising out of work performed under this Agreement. 2. Insurance coverages shall be as follows: A. Workers' Compensation & Employer's Liability. The Service Provider shall maintain during the life of this Agreement for all of the Service Provider's employees engaged in work performed under this agreement: 1. Workers' Compensation insurance with statutory limits as required by Colorado law. 2. Employer's Liability insurance with limits of $100,000 per accident, $500,000 disease aggregate, and $100,000 disease each employee. B. Commercial General & Vehicle Liability. The Service Provider shall maintain during the life of this Agreement such commercial general liability and automobile liability insurance as will provide coverage for damage claims of personal injury, including accidental death, as well as for claims for property damage, which may arise directly or indirectly from the performance of work under this Agreement. Coverage for property damage shall be on a "broad form" basis. The amount of insurance for each coverage, Commercial General and Vehicle, shall not be less than $500,000 combined single limits for bodily injury and property damage. In the event any work is performed by a subcontractor, the Service Provider shall be responsible for any liability directly or indirectly arising out of the work performed under this Agreement by a subcontractor, which liability is not covered by the subcontractor's insurance. SA 10/97