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HomeMy WebLinkAboutTELESUPPORT H AND H DATA AXIS NETWORKS - CONTRACT - BID - 5757 FIBER OPTIC AND COPPER CABLING (2)ORIGINAL 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 H & H Data 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. Services to be Performed. a. This Agreement shall constitute the basic agreement between the parties for services for Primary Vendor, Copper and Fiber Optic Cabling. 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 ) 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 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 Orderwithin 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. 2. Changes in the Work. The City reserves the right to independently bid any services WOSA 10/97 H&H Data Services Exhibit C - Fiber Optic and Copper Cabling Price Sheet PARTS % Material Mark-up DESCRIPTION PRICE PER UNIT ST to ST MMF patch cord 1 meter $11.41 15% ST to ST MMF patch cord 2 meter $12.24 15% ST to ST SMF patch cord 1 meter $27.72 15% ST to ST SMF patch cord 2 meter $34.32 15% Duplex ST-SC SMF 3m patch cords $41.53 15% Connectors MMF $7.06 15% Connectors SMF $18.09 15% 12 Strand MMF outside plant grade $1.52/ft 15% 24 Strand MMF outside plant grade $2.78/ft 15% 12 Strand SMF outside plant grade $0.35/ft 15% 24 Strand SMF outside plant grade $0.71/ft 15% 24 port MMF splice case $147.25 15% 48 port MMF splice case $168.24 15% 24 port SMF splice case $147.25 15% 48 port SMF splice case $168.24 15% 15% 2 inch PVC conduit(per foot $0.62/ft 15% 3 inch PVC conduit(per foot $1.31/ft 15% 4 inch PVC conduit(per foot $1.74/ft 15% Innerduct(per foot $0.26/ft 15% Pull Tape(per foot $.66/ft 15% Tracer Wire(per foot $.04/ft 15% CAT 5e or better plenum rated cable $0.13/ft CAT 5E 15% Siemons CAT 5e or better EIA- T568B Jacks $3.71 CAT 5E 15% Siemons CAT 5e or better 24 port patch panel $104.12 CAT 5E 15% Siemons CAT 5e or better 48 port patch panel $208.24 CAT 5E 15% Siemons 110 block field termination kits - wall mount $20.12 15% Siemons 110 block field termination kits - rack mount $40.59 15% Panes 1 of 'I H&H Data Services Exhibit C - Fiber Optic and Copper Cabling Price Sheet % Material PARTS Mark-up DESCRIPTION PRICE PER UNIT 84" by 19" rack $117.65 15% Siemons Wall Mount bracket - dual port $3.76 15% Siemons Surface Mount Box - dual port $9.53 15% Siemons Face Plate - dual port $1.54 15% Siemons Wall Mount Bracket - uad port $3.76 15% Siemons Surface Mount Box - uad port $19.05 15% Siemons Face Plate - quad port $1.89 15% CAT 5e or better patch cord - 3 feet $3.06 CAT 5E 15% CAT 5e or better patch cord - 4 feet $3.32 CAT 5E 15% CAT 5e or better patch cord - 5 feet $3.54 CAT 5E 15% CAT 5e or better patch cord - 7 feet $4.01 CAT 5E 15% CAT 5e or better patch cord - 10 feet $4.72 CAT 5E 15% CAT 5e or better patch cord - 15 feet $5.93 CAT 5E 15% CAT 5e or better patch cord - 25 feet $8.33 CAT 5E 15% CAT 5e or better patch cord - 50 feet $14.75 CAT 5E 15% 50 pair 24 AWG IWC plenum cable(per foot $0.89/ft 15% 100 pair 24 AWG IWC plenum cable(per foot $1.84/ft 15% 200 pair 24 AWG IWC plenum cable(per foot $4.49/ft 15% 50 pair 24 AWG Gel Filled Outside Plant (for exterior conduit) (per foot $0.59/ft 15% 100 pair 24 AWG Gel Filled Outside Plant (for exterior conduit) (per foot $1.08/ft 15% 200 pair 24 AWG Gel Filled Outside Plant (for exterior conduit) (per foot $1.85/ft 15% LABOR Pane 2 of 3 H&H Data Services Exhibit C - Fiber Optic and Copper Cabling Price Sheet PARTS % Material Mark-up DESCRIPTION PRICE PER UNIT 7:30 am-5:00 pm Mon -Fri Saturdays (time -and -a- half) Sundays and Holidays (double time Installing exterior conduit - labor (per hour) $28.50/hr $42.75/hr $57.00/hr Pulling innerduct, trace wire and fiber cable - labor (per hour) $28.50/hr $42.75/hr $57.00/hr Splicing fiber - labor (per hour) $28.50/hr $42.75/hr $57.00/hr Terminating fiber - labor (per hour) $28.50/hr $42.75/hr $57.00/hr Installing interior conduit - labor (per hour) $28.50/hr $42.75/hr $57.00/hr Pulling interior CAT 5e or better copper cable - labor (per hour) $28.50/hr $42.75/hr $57.00/hr Terminating CAT 5e or better copper cable - labor (per hour) $28.50/hr $42.75/hr $57.00/hr 15% Material Markup will apply to any purchased materials not shown on this Price Sheet. Pape 3 of 3 EXHIBIT D H & H DATA SERVICES INC. SCOPE OF WORK I. Scone of Work: Fiber Optic Cable A. Installation of Fiber Optic Cable Pull fiber optic cable and innerduct through conduit following manufacturer's recommendations for installation. Installer must comply with specifications for cable bend radius and pull tension. Fiber optic cable must be hand -pulled unless Project Manager (the City -designated manager for the project) gives written permission for other pulling methods. All wiring and any necessary grounding shall comply with current NEC codes and local amendments. Fiber optic cable must be protected by innerduct when run through conduits. Cable must be run around the periphery of vaults unless this procedure would exceed the maximum bend radius. Slack cable shall be coiled, lashed to permanent support brackets, and properly identified. The Project Manager will specify slack cable to be provided at cable ends and vaults as needed for each cabling job. At cable terminations, any strands removed from cable sheath must be protected by fan -out tubing secured to the cable sheath. Fiber optic cable shall be terminated using ST style connectors. Individual connector loss shall not exceed EIA/TIA standards for db loss. Only fusion splices will be allowed in fiber optic cable. The installer shall use a splice tray/enclosure to provide proper strain relief and protection to the splice. Splices shall not exceed EIA/TIA standards for db loss. Fiber optic cable must be labeled in sequence from the origin, anywhere on the data communications backbone, to the destination. At the origin, the cable must be labeled with the destination name. At intervening vaults the labels must show the origin and destination. At the destination, labels must show the origin name. Fiber optic cable outside of conduit must be clearly labeled as: "Fiber Optic". All labels shall be heavy- duty, bright plastic markers acceptable to the Project Manager. When running cable from patch panel to patch panel, terminations should be in the same position and order in both panels. Conduit in the vaults shall also be labeled. All conduits shall have tracer wires in them. Empty conduits shall have tracer wire and pull strings in them. Tracer wire shall be included with all fiber cables. Tracer wire shall be grounded in each vault. If cable is being installed in a duct bank containing high voltage electric cable, the vendor shall take all necessary precautions to safeguard the work crew from the dangers of working in a high voltage electrical environment. City of Fort Collins Light and Power personnel must be on hand when contractor employees are working in electrical vaults. B. Testing After fiber optic cable has been installed, temnated, and mounted in a patch panel, OTDR testing shall be done, with test results provided to the City. Test results shall be within the specifications of the EIA/TIA standards. Any splice that exceeds attenuation limits shall be reworked until the splice is within limits. The cable run must be replaced, at vendor's expense if it does not meet specifications. C. Certification Vendor shall be industry certified. Bidder shall include evidence of such certification with the bid response along with resumes, including certifications, for technicians who will be used on City cable splicing jobs. D. Required Documentation At the completion of each cabling project the vendor must supply the Project Manager with two (2) copies of the following: Printed and computer diskette copies of OTDR test results. Diskette copies must be in a format approved by the Project Manager. Test strips and power meter records shall be labeled by strand number and the color which identifies the strand within the sheath. 2. Diagram of completed cable installation, detailing cable coils, splice points and vaults. II. Scope of Work: Category 5e or better Cable A. Installation of Category 5e or better copper cabling. Vendor must perform end to end Category 5e or better cabling for 10/100/1000BaseT Ethernet networks. Work will originate in a wiring closet and will require installing a new patch panel if one is not already in place. Category 5e or better, plenum rated cable is to be installed in ceilings and walls. Cabling jobs will require installing cable in finished ceilings, installing cable above drop ceilings, and running cable through walls or surface -mounted raceways, ending in flush -mounted or surface -mounted boxes with faceplates. Vendor must supply appropriate raceway, boxes and faceplates where needed. Both ends of cable must be terminated with Siemons Category 5e or better (EIA-T568B) jacks. Cable runs must be labeled at the patch panel and at the faceplate. Cable must be run neatly, using Velcro tie wraps, raceways, etc. to hang cable above ceiling tiles and in any other area where cable is exposed. All cabling components (jacks face plates, etc.) shall be of Siemons manufacture or can be AT&T manufacture in special cases approved by the City project manager. B. Testing Completed runs must be tested using an appropriately rated tester approved by the Project Manager and results provided to the City. C. Certification Vendor shall be Siemons certified. Bidder shall include evidence of such certification with the bid response along with resumes, including certifications, for technicians who will be used on City cabling jobs. III. Repair The selected vendors shall give evidence of the ability to offer emergency, off -hours repairs. This emergency repair is intended for such situations as a fiber-optic or copper cable that gets cut or damaged. An example would be a backhoe operator inadvertently hitting a City duct bank in the street. The requirement will be that this repair crew can be brought on site and ready to make repairs within two hours of contact by the appropriate City personnel; unless prevented by circumstances not within their control (such as weather or road closures). IV. Pricine Each year pricing changes shall be negotiated by and agreed to by both parties, subject to the limits set forth in the Service Agreement. Price increases shall be justified by evidence of increased costs, such as supplier's invoices. Prices of materials are firm for one year from date of execution shown on the signature page of this Agreement. Prices are quoted on a "not greater than" basis with the expectation that the bidder can pass on discounted prices to the City of Fort Collins if available. Markups for any materials not listed on Exhibit C shall not exceed 15% over vendor's cost. No Drive Time charges or Travel Expenses will be included in City of Fort Collins project pricing. V. Use of Vendor List The Primary Vendor will be contacted by the Project Manager and asked to provide a price quote for a specific cabling job, based on the rates they have bid on the enclosed Cabling Price Sheet (See Exhibit C). The Vendor must advise the Project Manager if they cannot provide a quote or would not be able to complete a cabling job on schedule because of prior commitments, or for any other reason. In this case the Project Manager will contact the Secondary Vendor to provide the service. A Work Order form shall be completed and signed for each job, in accordance with the Work Order Service Agreement. A vendor's inability to quote on a job will not affect their inclusion in the vendor list. VI. Special Conditions and Instructions The following conditions and instructions will be met: • Vendor will itemize their Proposals and Invoices by Labor Hours and Materials. • Work Order Estimates are expected to be within +/- 15% of the Final Job Cost. • Change Orders should be listed separately (broken out) on invoices; although they can be billed and paid together. • Progressive billing is permitted and encouraged on large jobs, but final billing for any job must be received within 2 weeks of job completion (unless there is some delay or problem that is worked out with the City Telecom Project Manager). MAR-12-2003 WED 02:49 PM DIVERSIFIED INSURANCE BR FAX NO, 8015322804 AVOW. CERTIFICATE OF LIABILITY INSURA PRODUCER THIS CERTIFIC Diversified Insurance Brokers ONLY ANOCOI of Utah HOLDER. THIS 136 E . South Temple, Ste 2300 ALTER THE CC Salt Lake City UT 84111 P. 01 DATE Ie AIDWYWV) RESOU-1 03 12 03 A MATTER OF INFORMAT )N UPON THE CERTIFICATI' iS NOT AMEND, EXTEND , )R ED BY THE POLICIES BE. OW. Phone:801-325-5000 Fax:801-532-2804 INSURERS AFFORDING COVERAGE NAI. III INSURED INSURER A• Pinnacol Assurance H G H Data Services Inc. INSURER8 C/o Resource One, LLc a: TerraFirma INSURER C. 1310 Webster Avenue INSURER D: Fort Collins CO 80524 ""-`-- INsuaER E: v THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INOICATEO. NOTWTHSTANDING 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 18 SUBJECT TO ALL THE TERMS. EXCLUSIONS AND CONDITIONS OF SUCH POLICIES AGGREGATE LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. INSR ADD' -- POLICY NUMBER[1 LIMITS LTRINSR TYPE OF INSURANCE I DATE MM10O OA MW GENERAL LIABILITY EACH OCCURRENCE t PREMWS Es eecurenee S COMMERCIAL GENERAL LIABILITY I I MEO EXP (Any WO Pertbr) CLAIMS MADE n OCCUR t PERSONAL S ADV INJURY S GENERAL AGGREGATE IS PRODUCTS - COMP/OP AGG GEN L AGGREGATE LIMIT APPLIES PER. 3 POLICY 71 JEq CT LOC _ AUTOMOBILE LIABILITY ANY AUTO COMBINED SINGLE LIMIT Ea wodenO _.__ f ._.... ... _. _... '—I ALL OWNED AUTOS j SCHEDULED AUTOS ' BODILY INJURY (Pw "M0,,) t I BODILY INJURY (Per Mt,denl) ^� HIRED AUTOS NON OWNED AUTOS I S _ PROPERTY DAMAGE (Pw acclPentl S I GARAGE LIABILITY I AUTO ONLY - EA ACCIDENT ___.... S ANY AUTO OTHER THAN EA ACC AUTO ONLY: AGG S S EXCESWUMBRELLA LIABILITY EACH OCCURRENCE Ste_ I (—^�, ^} OCCUR L I CLAIMS MADE AGGREGATE I S 'DEDUCTIBLE I 'RETENTION S A WORKERS COMPENSATION AND EMPLOYERS' LIABILITY ANY PROPRIETOWPARTNEWEXECUTiVE OFFICERIMEMBER EXCLUDED? 4038719 01/01/03 01/01/04 X TDRY LIMITS I ER 001000 1 e jL.EACH ACCIDENT -. E L. DISEASE • EA EMPLOYEE t 1 OO OOO _ EL. DISEASE - POLIGV LIMIT $1OO.000 I y�e. deeanee Under SPECIAL PROVISIONS Wow OTHER DESCRIPTION OF OPERATIONS I LOCATIONS I VEHICLES I EXCLUSIONS ADDED BY ENDOILSEMENT I SPECIAL PROVISIONS This policy Covers employeas for this customer that are handled by Resource One, LLC dba: TerraFirma. CERTIFICATE HOLDER CANCELLATION CITFORT SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE IEEXPIRATION DATE THEREOF. THE ISSUING INSURER WILL ENDEAVOR TO MAIL 30 C , YS WRITTEN NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE LEFT. BUT FAILURE TC )O SO SHALL IMPOSE NO OBLIOATION OR LIABILITY OF ANY KIND UPON THE INSURER, ITS : GENTS OR City of Fort Collins PO Box 580 REMES NTATIVES. Ft. Collins CO 80522-0580 A REPRESENTATIVE (DACORDCORPO ATION1969 acORD CERTIFICATE OF LIABILITY INSURANCE OF ID DATE(MM/DD(YY) ELE-1 07/18/02 PRODUCER THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE Front Range Insurance Group HOLDER. THIS CERTIFICATE DOES NOT AMEND, EXTEND OR Suite 3900, 2850 McClelland ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. Fr `. Collins CO 80525 E .e: 970-223-1804 INSURERS AFFORDING COVERAGE INSURED INSURER A: Trinity Universal Insurance INSURER B: I H S Fi Data Services INSURER C: Fort Collins COe80524 INSURER D' COVERAGES 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. AGGREGATE LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. INSR LTR TYPE OF IN POLICY NUMBER POLICY EFFECTIVE DATE MM/DD POLICY EXPIRATIO DATE MMIDDIYY N LIMITS A GENERAL LIABILITY X COMMERCIAL GENERAL LIABILITY CLAIMS MADE 7 OCCUR CPA 4966560-02 07/01/02 07/01/03 EACH OCCURRENCE $ 1 , 000 , 000 FIRE DAMAGE (Anyone fire) $100,000 MED EXP (Any one person) $ 5000 PERSONAL & ADV INJURY $ 1,000,000 GENERAL AGGREGATE s2,000,000 1 GEN'L AGGREGATE LIMIT APPLIES PER: F-IPOLICYF-] PROECT LOC J PRODUCTS-COMP/OP AGG $2,000,000 A AUTOMOBILE LIABILITY ANY AUTO ALL OWNED AUTOS SCHEDULED AUTOS HIRED AUTOS NON -OWNED AUTOS CPA 4966560-02 07/01/02 07/01/03 COMBINED SINGLE LIMIT (Ea accident) $ 1 , 000,000 X BODILY INJURY (Per person) $ BODILY INJURY (Per accident) � $ i PROPERTY DAMAGE (Per accident) $ GARAGE GARAGE LIABILITY ANY AUTO AUTO ONLY - EA ACCIDENT $ EA ACC THAN AUTO ONLY: AGG $ $ X EXCESS LIABILITY OCCUR CLAIMS MADE DEDUCTIBLE RETENTION $ EACH OCCURRENCE $ AGGREGATE $ $ $ $ WORKERS COMPENSATION AND EMPLOYERS' LIABILITY WC 97ATU-7--r07R- TORY LIMITS I j ER E.L. EACH ACCIDENT $ E.L. DISEASE - EA EMPLOYEE $ E.L. DISEASE -POLICY LIMIT 1 $ A A OTHER Umbrella Inland Marine U0176250803 CPA496656002 07/01/02 07/01/02 07/01/03 1 07/01/03 Umbrella $2,000,000 DESCRIPTION OF OPERATIONSILOCATIONSNEHICLES/EXCLUSIONS ADDED BY ENDORSEMENTISPECIAL PROVISIONS Fax: 484-3252 City of Fort Collins is listed as additional insured. CERTIFICATE HOLDER I Y I ADDITIONAL INSURED; INSURER LETTER: CANCELLATION City of Fort Collins P.O. Box 580 Fort Collins CO 80522-0580 FORTC-1 SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATIOr DATE THEREOF, THE ISSUING INSURER WILL ENDEAVOR TO MAIL -lD—_ DAYS WRITTEN NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE LEFT, BUT FAILURE TO DO SO SHALL IMPOSE NO OBLIGATION OR LIABILITY OF ANY KIND UPON THE INSURER, ITS AGENTS OR REPRESENTATIVES. ACORD 25-S (7/97) ©ACORD CORPORATION 1988 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 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 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 the parties. All notices provided under this Agreement shall be effective when mailed, postage prepaid and sent to the following address: WOSA 10/97 City Service Provider Ed Bonnette, C.P.M., CPIM, Buyer Joe Hahn, RCDD City of Fort Collins Purchasing H & H Data Services Inc. P.O. Box 580 1310 Webster Avenue Fort Collins, CO 80522 Fort 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 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 $50,000.00 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 prices (which include markups over Supplier Cost as shown), stated within the Fiber Optic and Copper Cabling Price Sheet, attached hereto as Exhibit "C", consisting of three (3) pages, 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. 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 WOSA 10/97 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 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. WOSA 10/97 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 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 "B", 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, 215 N. Mason, Fort Collins, Colorado 80524 one copy of a certificate evidencing the WOSA 10/97 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. Special provisions or conditions relating to the services to be performed pursuant to this Agreement are set forth in Exhibit D Scope of Work, consisting of three (3) pages, attached hereto and incorporated herein by this reference. W OSA 10/97 CITY OF FORT COLLINS, COLORADO a municipal corporation By: �-. John F F schbach City Manager ByesB. r J 0 `Z JaNeill II, CPPO, FNIGP Diurc asing and Risk Management Date: r �3 A tTL City Clerk ,. APPRO'OED9A,A.S FORM: A s s i s f ffWC i tq'Att o r n e y H & H Data ervices Inc. By: PRINT NAME CORPORATE PRESIDENT OR VICE PRESIDENT Date: 303 ATTEST: (Corporate Seal) 171, R TE 8 LYC RE ARY 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: 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 The attached forms consisting of (_) pages are hereby accepted and incorporated herein by WOSA 10/97 Acceptance User this reference, and Notice to Proceed is hereby given. City of Fort Collins By: Date: EXHIBIT B INSURANCE REQUIREMENTS 1. 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 afterten (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 Citymay 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 Providershall 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.