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Home My WebLink AboutMINERS INC - CONTRACT - BID - 5465 BUS PAD SHELTERSity of Fort Collins Admix xative Services Purchasing Division LETTER OF TRANSMITTAL To: Carrie Daggett, Assistant City Attorney John Fischbach, City Manager Wanda Krajicek, City Clerk 1y, From: James B. O'Neill II, CPPO`� /'!� Director of Purchasing & Ris'nagemen _ Date: March 14, 2000 Re: Bid #5465 Transfort Bus Pads/Shelters Project 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. The bidder received the award through the normal bid process. 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 EXHIBIT B Bid Schedule ESTIMATED ITEM DESCRIPTION QUANTITY UNIT UNIT PRICE TOTAL COST 450 S.F. $ /-IV $ 67S,00 Sod Sprinkler Repair ( Reset 2 Heads & Replace 30' of Line) 30 HR. $ 35. b0 $kpi,5.00 Miscellaneous Landscape Work 45 HR. $ 35.00 $ 1.5'76 .0D 180 L.F. $ S,eD $ htkikl,DD Landscape Timbers 150 C.Y. $13. 00 $ 3'I50. DD Excavation Concrete Bus Pad ( 6") 4500 S.F. $ S.bb $ 1'� ca.Oo Concrete Sidewalk/Flatwork (4') 300 S.F. $ $ 764 oD 5' x 9' Bronze Cleveland CSE-WS Bus Shelter ( Purchase & Assemble) 20 EACH $ ,DD $ 9.T.ODD. 00 5' x 9 Bronze Cleveland CSE-WS Bus Shelter ( Deliver & Install ) 20 EACH $ 1,D4. DD $ 1AVW.,0D. 5' x 9' Green Model # 6081 Bus Shelter ( Purchase & Assemble ) 10 EACH $ y OD d0 $ �7000,OG 5' x 9' Green Model # 6081 Bus Shelter ( Deliver & Install) 10 EACH $ leM DD $ 606 Traffic Control 240 EACH $ /r00 $ a?4.00 Reflector Tube Vertical Panel without Light 225 EACH $ b0d, $A,15.D4D Type I Barricade without Light 480 EACH $ I,OD $ 4w.don Type II Barricade without Light 90 EACH $ k.OD $ Q.b. 00 Type III Barricade without Light 90 EACH $ S,CO $ 460, 00 "No Parking" Sign w! Stand 120 EACH $ i1.7. D $ 21r4. Ob Size A Sign w/Stand 180 EACH $ .2.00 $ S100. DD Size B Sign w/ Stand 60 EACH $.Q. 00 $ 12O. CD 2 EACH $ :6.6b $ 170. bO Specialty Sign Size A 2 EACH $ L76 00 $ Ic1b.4bo Specialty Sign Size B Cone -with reflective tape 1200 EACH $ 1,Ob $l72 Oct 00 -T 180 EACH I $6c4o $ 72.011, Light - flashing 5 EACH $ Q3. DO $ 75, DD Adv. Warn. Flasher or Sequencer Parking Space Permits 16 EACH $ 1'a . DO $ a 4b. Do 240 HR. $ 4,615 $ ll DJ a 6.00 Traffic Control Supervisor 60 HR. $ silo. Ob $ I S� LO.OD Flagger TOTAL COST $iQI0�9Ib,00 Signature and Title 0 ng Person Typed or Printed Name and Title Company Name Telephone Number EXHIBIT D INSURANCE REQUIREMENTS The Service Provider will provide, from insurance companies acceptable to the City, the insurance coverage designated hereinafter and pay all costs. Before commencing work under this bid, the Service Provider shall furnish the City with certificates of insurance showing the type, amount, class of operations covered, effective dates and date of expiration of policies, and containing substantially the following statement" "The insurance evidenced by this Certificate will not 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: Workers' Compensation insurance with statutory limits as required by Colorado law. 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. EXHIBIT E YEAR 2000 COMPLIANCE CERTIFICATION AND INDEMNITY Section 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, below. "Year 2000 Compliant" shall mean that information resources meet the following criteria: a. Data structures (e.g., databases, data files) provide 4-digit date century recognition. For example, "1996" provides date century recognition; "96" does not. b. Stored data contains date century recognition, including (but not limited to) data stored in databases and hardware/device internal system dates. 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. e. User interfaces (i.e., screens; reports; etc.) accurately show 4 digit years. Year 2000 is correctly treated as a leap year within all calculation and calendar logic Section 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 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 Year 2000 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 City, 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. PRODUCER Marsh USA Inc. 17th Street Plaza 1225 17th St., Suite 2100 Denver. CO 80202-5534 3113100 THIS CERTIFICA, IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT—AMIEND, EXTEND OR ALTER THE COVERAGE AFFORDED--.:HY-1010I19OLICIES BELOW. Lynette Mattedi (303) 308-4536 _ y COMPANY A PINNACOL ASSURANCE '� �'� � ", `" �' )RED Miners, Inc. DBA COMPANY Aj a , B Miners (Western), Inc. 5590 East Yale Avenue Ste. 1 COMPANY O C� , Denver, CO 80222 _ COMPANY Did THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED, NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. LTA TYPE OF INSURANCE POLICY NUMBER I DATE (MMFDDYV) I ECTIVE POLICY ( MPDD YIOVN LIMITS GENERAL LIABILITY IERCIAL GENERAL LIABILITY CLAIMS MADE = OCCUR '.R'S & CONTRACTOR'S PROT AUTOMOBILE LIABILITY ANY AUTO ALL OWNED AUTOS SCHEDULED AUTOS HIRED AUTOS NON -OWNED AUTOS GENERAL AGGREGATE PRODUCTS - COMPIOP AGG PERSONAL & ADV INJURY EACH OCCURRENCE FIRE DAMAGE (Any one fire) MED EXP (Anyone Person) COMBINED SINGLE LIMIT S BODILY INJURY S (Per Person) BODILY INJURY g (Per aocid.nt) PROPERTY DAMAGE 9 GARAGE LIABILITY ANY AUTO AUTO ONLY - EA ACCIDENT t OTHER THAN AUTO ONLY: 9 EACH ACCIDENT AGGREGATE 9 EXCESS LIABILITY UMBRELLA FORM OTHER THAN UMBRELLA FORM EACH OCCURRENCE 8 AGGREGATE 9 F A WORKER'S COMPENSATION AND EMPLOYERS' LIABILITY I-� THE PROPgIETOR/ INCL PARTNERS/EXECUTIVE I —I OFFICERS ARE: EXCL 1550271 7101199 7101100 WC STATU- OTH TORV LIMITS ER i........:._,.. ":i __ EL EACH ACCIDENT a 1,000,000 EL DISEASE - POLICY LIMIT 8 1, 000.000 EL DISEASE . EA EMPLOYEE $ i nnn nnn DESCRIPTION OF OPERATIONS/LOCATIONSNEHICLES/SPECIAL ITEMS (LIMITS Re: Bid #5465- Transport Bus Shelters & Pads City of Fort Collins 256 W. Mountain Ave P.O. Box 580 Ft. Collins, CO 80522 DEDUCTIBLES OR RETENTIONS). SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, THE ISSUING COMPANY WILL ENDEAVOR TO MAIL 30 * DAYS WRITTEN NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE LEFT, BUT FAILURE TO MAIL SUCH NOTICE SHALL IMPOSE NO OBLIGATION OR LIABILITY OF ANY KIND UPON THE COMPANY, ITS AGENTS OR REPRESENTATIVES. (* 10 DAYS FOR NON-PAYMENT) - 1 CERTIFICATE NO. 0004001-00011 M.ar-08-00 06:51A miners northern 970 472 8761 P.02 Rer 07 00 04r35p N'"ers Inc. 303-`1b'/-G94G P.5 3 1 O0 15 -.14 ;HALLMA.... IN50EAI'CE 99i432:;1 2;' HALLMARK INSURANCE BROKERS LTD, A FINANCIAL PLANNING A BENEFITS CONSULTING CERTIFICATE OF INSURANCE THIS IS TO CERTIFY THAT THE FOLLOWING POLICY (IES) HAVE BEEN ISSUED BY THE INSURING COMPANY ANO ARE x4 FULL FORCE AND EFFECT AS TO THE DATE OF THIS CERTIFICATE AND IN FAVOR OF THE NAMED INSURED: Millers Inc. 6699 E. Yale Avenue. Suit 01 Denver. CoWado 90222.OM IN FAVOR OF: CITY OF FORT COLLINS 256 W. Molmtain Avenue, P.O. Box 550 Fort Collin, Colorago 60522 OSAO RE. Bid m5465 TFanspmf Bus Pads B Shelters IS HEREBY ADDED AS 'ADDITIONAL INSURED' BUT ONLY WITH RESPECT TO TNF LIA81L1TY ARISING OUT OF TH6 OPERATIONS OF THE NAMED INSURED INSURER: CominO 8111n InsuWce Company POLICY •: CRX57412 TERM; 1999104101 TO 20DO)04)01 COVERAGE: $500,000 Commercial General Liability TN6 )NSURANCE AFFORDED IS SUBJECT TO THE TERMS. CONDITIONS AND EXCLUSIONS OF THE APPLICABLE POLICY. THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND INS RER jno WILL ENDEAVOR TO MAIL TO THE HOLDER OF THIS CERTIFICATEN7a OATS VVWITEN NOTICE OF ANY MATERIAL CHAN09 IN OR CANCELLATION OF THESE POLICIM BUT ASSUME$ NO RESPONSIBIIFFY FOR FAILURE TO DO SO. HALLMARK INSURANCE BROKERS LTD. AUTHOR ATWF EdOE DATE: 2WOM"7 1c4B 6 1047 MCW00AVotnre 1•009-4a2.4070 1014pnone: (416) 492.4070 TworAo, Ontario Claims Lira: (416) 402.4242 Fax: (41S) 492-4321 n�•.�Y'M/w .. �.�.. \Iw n.AsllMarY�..e inn. Mxr-08-00 06:51A miners northern 970 472 8761 P_03 "Mar 07 00 04135P " ners Inc. 303 157-6946 P.6 AI Iweae Insur onto SOi"7 t. r_N: CERTIFICATE OR INSURANCE lid ALLSTATE INSURANCE COMPANY UALISTATEINDEMNITY COMPANY ❑ALLSTATE TEDu5L40h1±1► THrS CERTrF1CATE IS ISSVEO AS A MATTER OF INFOHMAI ION ONLY ANO CONFE AS NO RIGHTS 000H THE CLR1151CATE HOLOCR. THIS Cl"JJ CATE DOES NOT AMCND. EATCND Dn ALTER Yu[ COV ER An c AF F0ROE0 AY TI IT POLICIES BELOW. CERTIFICATE HOLDER __, _.., _ NAMEOINSVRED i _— NAmeaM AdOmfa of maVMd �_ _Name end�daaa IPMIYIO Wnoro UlF Cylillrale is l6facn tCOLLINSMINERS INC �! . CI'I'y OF FORT CO 5590 E YALE AVB 256 M MOUNTAIN AVE 5UI?E 1 PO DOX S80 DENVER, CO 80222 i FORT COLLINS, CO 80522 Tnle Ia to eelbfy mat enlieleb or Mumma Ilswo below heve been issue0101ne maured named el)OH ioeleat to the vapbalion May Indlca Odded ,1"If netwithsbndin0 a^Y mquireroenl, term or condlVen of any eoni'mv or otaer doOVmeM -nn re3o"I ro wnl.n iMa mrM:evlF rnAv W IssaM Or�neY derU{n. Tne Iniuranea Allermd ay 109 poNcN9 described nneM Ia a Wiosl Id all tM 1enn0. sael°stony Md CbndillPlle of sotR policies. TYPE OF INSURANCE AND LIMITS 1' IOIICT Dale unit allacd•e Eta1r01iLn i ' COGENERAL ERAL LIA/IL NY Number _ T_ Aalearll �v^�._ All :::At GALIMIT ..... ..- '— Mi ICALE PENliy MIT Ellad ' 18palItMs,compENSATION{ Oele NMPLOYE�S'lLM1ARY Numy _ Cases WOq�RS' COMPENSATION STATUTORY -a IfOnIIm IM l0lbwln�l8les: tiVOttT IMLIMY by ADaVCNT stePIOYER/' /OORY INJURY 8YDISEASE LIASIUTY 8001LY INJURY EY DISEASE .•.. Valley Enaa AUTOMOEtUt UA/ILITY Number 050690895 Dale �}Aitr Auro �arMeb,wron OLnuw.VTos �e^- EODILY INJURY AFABKATy DAMAGE []SPEIrIFI(D4UTo5 IB NON•OWNEO AUTOS.—.- ' CkLwmniO PAIWIENSS[MCERAUDJS L [JOIMItOW10S O1NlN!AIMQE MSSEnOEA S ElivOuve I Policy Oals I yM/REtsA LIA/GITT HVMap - j--��yR,ryOE GENERAL AGGRFGAi! _PR I / VDIKT Fllgd•e GTNE/19bow n.r. OI OPERATION/ILOCATIONSIYIHICLESIRQSTRICTIONSISOECIAL ITEMS Number of daYi nollC30 e_ a r..•...._.____ kind upon 1ne tompe^n Na Ape^ta of NPradenlehrei UMIAf Expiletlnn _ Date _ Y�CR ACGVW"l 111C11 CMPL0T"E 130t ICY LIMIT y Eap,Ielion I, 1,2000 Date NARCN 1A 20O�L Capmuon Date I . . O►EAATIONSAGOREGAy excitation Oau 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 Miners, Inc., hereinafter referred to as "Service Provider". 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 Transfort Bus Pads and Shelters. 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 one (1) pages, and incorporated herein by this reference, shall include a description of the services to be performed, the location and time for performance, the amount of payment, any materials to be supplied by the City and any other special circumstances relating to the performance of services. No 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. 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. WOSA 7/98 1 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 This Agreement shall commence March 6, 2000, and shall continue in full force and effect until March 5, 2001 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 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. Delay. If either party is prevented in whole or in part from performing its obligations by unforeseeable causes beyond its reasonable control and without is fault or negligence, then the party so prevented shall be excused from whatever performance is prevented by such cause. To the extent that the performance is actually prevented, the Service Provider must provide written notice to the City of such condition within fifteen (15) days from the onset of such condition. 6. Early Termination by City/Notices Notwithstanding the time periods contained herein, the City may terminate this Agreement at any time without cause by providing written notice of termination to the Service Provider. Such notice shall be mailed at least fifteen (15) days prior to the termination date contained in said notice unless otherwise agreed in writing by WOSA 7/98 2 the parties. All notices provided under this Agreement shall be effective when mailed, postage prepaid and sent to the following address: City Purchasing: City of Ft. Collins Purchasing P.O. Box 580 Ft. Collins, CO 80522 Department Copy To: City of Ft. Collins Engineering P.O. Box 580 Ft. Collins, CO 80522 Attn: Erika Keeton Service Provider: Miners, Inc. 5590 E. Yale Ave. Suite 1 Denver, CO 80222 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 $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, supplies and materials, and other costs incurred in connection with the performance of such work. WOSA 7/98 3 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. Warran . (a) Service Provider warrants that all work performed hereunder shall be performed with the highest degree of competence and care in accordance with accepted standards for work of a similar nature. (b) Unless otherwise provided in the Agreement, all materials and equipment incorporated into any work shall be new and, where not specified, of the most suitable grade of their respective kinds for their intended use, and all workmanship shall be acceptable to City. (c) Service Provider warrants all equipment, materials, labor and other work, provided under this Agreement, except City -furnished materials, equipment and labor, against defects 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 WOSA 7/98 4 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. Indemni /Insurance. a. The Service Provider agrees to indemnify and save harmless the City, its officers, agents and employees against and from any and all actions, suits, claims, demands or liability of any character whatsoever, brought or asserted for injuries to or death of any person or persons, or damages to property arising out of, result from or occurring in connection with the performance of any service hereunder. b. The Service Provider shall take all necessary precautions in performing the work hereunder to prevent injury to persons and property. WOSA 7/98 5 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 one (1) page, 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/Severabilitk 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 Special provisions or conditions relating to the services to be performed pursuant to this Agreement are set forth in Exhibit E, consisting of one (1) page, attached hereto and incorporated herein by this reference. CITY OF FORT COLLINS, COLORADO a municipal corporation By: Qa 4. JohK F. Fischbach City Manager C By: Jame R. 'Neill II, CPPO Direct Purchasing and Risk Management Date: WOSA 7/98 7 `Ci lerl� AssistgAtlty ttor Miners, Inc. By: I2 i2111li2k"WhiM CORPORATE PRESIDENT OR VICE PRESIDENT Date: 0 1//2 3? / %-oo-o ATTEST: .(1. 2,11, CORPORATE SECRETARY WOSA 7/98 8 (Corporate Seal) 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 _ Q pages are hereby accepted and incorporated herein by this reference, and Notice to Proceed is hereby given. City of Fort Collins By: Date: WOSA 7/98