Loading...
HomeMy WebLinkAbout109445 CONNELL RESOURCES INC - CONTRACT - BID - 5858 MISC. STREET IMPROVEMENTSSERVICES 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 Connell Resources 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 Miscellaneous Street Improvements. 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 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. 1 WOSA 10/97 MAY-14-2004 FRI 02:20 PM FC RISK MANAGEMENT FAX NO. 9706216296 P. 03/08 EXHIBIT B Bid Schedule for Addendum #1 Miscellaneous Contract Bid Tab Item Number Description Quant Unit Total it Unit Cost Cos: J _J 202-01 202-02 202-03 202-04 202-05 202-06 202-07 202-08 202-09 202-10 202-12 Remove pipe ADS-CMP-RCP-PVC-CLAY TILE Plug Existing Pie 12"-36" Remove Vertical Curb Remove Roll Over Curb And Sidewalk. Remove Cross an/Drivewa /A ron. Remove Concrete Paving 8" Avg Depth. Remove Asphalt 8". Roto Mill W-4" Asphalt. Profile Mill 0-3", Remove Sidewalk 4"-W. Remove Ri Ra 30 1 137 100 150 400 50 100 600 403 20 LF EA LF LF SF SF 1 SY SY SY SF SY S. Ito 4,20 .�.D •20 0 O I,. Sl2 j, 1. 1 ba I u0— 5-1.5'40 4w - 'IS 30- q Ao� 6G — — p 202-13 202-14 Remove Fence Various T es. Saw Cutting Existing Asphalt. 100 100 LF LF , 1-60 203 01 203-02 203-03 203-04 203-05 203-06 203-07 203-08 203-09 203-11 _ 203-11 Unclassified Excavation. Embankment CIP . Borrow Suitable Fill Material. Haul Dispose. To soil(Stripping,Stockpiling, Placing) Muck Excavation CIP . Borrow ABC Class 5 or 6 CIP . Borrow Fill R-25 Median Splash Block Shaping Im ort To soil Screened Potholing 115 75 50 65 75 50 50 50 500 50 10 CY CY CY CY CY CY TonpQ- CY SF CY EA - 3. 5 _90 , $Q 2� — 0 2 �Z 0 23ei,bQ p0 — 3 — _ C0 206-01 206-02 Structure Excavation Structure Backfill On Site Fill 50 50 CY CY .ECUO- --. ((� — 206-03 Haul And Leveling— 50 CY 1 - 206-04 Structure Backfill Flow Fill Filter material 1" 1/2 " washed rock Dewalering 50 CY — � — 206-05 206-06 5o 15 Ton Da — qp-- ),�0 11 i?SD- 208-02 208-03 208-04 Silt Fence Furnished And Installed Straw Bales Furnished And Installed Soil Retention Blanket 320 10 150 LF LF SY 0 5a `l — 0 — ape "3lJID-- - 0 -- 210-01 Adjust Valve Box 3 2 EA ��- 0 - ®^ 210-02 -- __ Adjust Manhole Ring/Cover Modify Manhole - Relocate Fire Hydrant. EA - 210-03 2 EA_ 2.0 — 210-04 1 EA I Da oo = 210 05 Relocate Water Meter _ 1 MAY-14-2004 FRI 02:20 PM FC RISK MANAGEMENT FAX N0, 9706216296 P. 04/08 210-07 210-08 Te210-06 cate C.P. Test Station Im ation Service 3/4%1" Relocate Fence Various T es 1 2 100 �EA EA LF G 'ZD©- -' 2 � 210-09 Relocate Mailbox rovide tem ora service 2 304-01 A re ate Base CL 5-6 CIP 6" 50 Ton - OO 304-02 ShoulderingBase Class 5-6- 4in CIP 50 on 1 304-03 Patch Placement Base CL-5-6 6" CIP 50 Ton G - Snp 306-01 Reconditioning (8") - �- 403-01 403-02 403-03 403-04 Asphalt PatchingGradingS 3" Depth) Asphalt PatchingGradingSG 6"-10" Depth) Hot Bituminous Pavement - GradingS 3" Depth) Hot Bituminous Pavement - Gradin SG 4" De th =50on 6-� p _ S - 4.5 - 1-7 90 2 1 S_- 403-05 403-06 Asphalt Paver Leveling Course SG Asphalt Paver Patch GradingS (3" depth) 25 25 Ton Ton L4- �- p S 1~ 412-01 412-02 Concrete Pavement 10" Concrete Pavement 8" 75 175 SY 420-01 Geotextile Stabilization Fabric 50 Sy 420-02 420-03 Geo-Grid Reinforcement _ Geotextile Paving Fabric SO 50 Sy- Sy Q 40 506-01 Ri Ra with Type II Bedding, Topsoil -CIP 10 SY 3- 30- _. 603-01 _ 603-02 603-03 _603-04 12" CMP 12" CMP FES 24" CMP 24" CMP FES 27 2 30 2 30 30 Lt Ea EA _LF LF_ LF_CJ- Go— �(- 230- OG - 1C7, - 603-05 603 06 12" Class III RCP 15" Class III RCP _ 18" Class III RCP 603-07 30 30 LF LF - 603 08 _ 21" Class III RCP w 603-09 24" Class III RCP 80 30 30 30 LF LF LF LF - 6 -- l Sa - 2 c( 6p- 3 2 I3n 803-10 603-11 27" Class III RCP 30" Class III RCP 603-12 - 36" Class III RCP 603-13 42"Class III RCP 30 LF - � 603-14 . 603-15 603 16 12 RCP Class III FES 15" RCP Class III FES - 18" RCP Class III FES 2 EA "3__ 2 EA 33co 660- 2 EA 3$(j 603-17 3-18 21" RCP Class 111 FES 2 EA I C'J_ 0 24" RCP Class III FES _ _ 27" RCP Class III FES 2 2 EA EA l O ^ f{p - _ 3-19 !3-2 0 30" RCP Class III FES J 36" RCP Class III FES 2 2 2 EA-21 EA EA 56 v o, 1 Z o z 603-22 42" RCP Class III FES_ MAY-14-2004 FRI 02:20 PM FC RISK MANAGEMENT FAX N0, VU6216296 F, Ub/Ub 603-23 24"x 38" RCP 30 LF T5' �G10 603-24 24"x 38" RCP- FES 2 EA 603-25 14" x23" RCP 30 LF 603-26 14"x 23" RCP FES 2 EA ��- 603-27 Trash Rack 2 EA 603-28 15" ADS N-12 30 1 LF 603-29 15" ADS FES 2 EA 0,0 - 3 603-30 18" ADS Pipe N-12 30 603-31 18" ADS FES 2 EA 603-32 24" ADS Pi eN-12 30 LF 0 606-33 24" ADS FES _ 2 EA '71W 44 603-34 36" ADS Pie N-12 30 LF 603-35 36" ADS FES 2 EA ?C' - S? 40 603-36 4" PVC Irrigation Pi a SCH-200 30 LF 1 5qO 603-37 4" Sanitary Sewer Service SDR-35 30 LF �2 603-38 6" Pvc Sanitary Sewer 30 LF 603-39 8" Pvc Sanitary Sewer SDR-35 30 LF 603-40 Concrete Encasement 20 LF 56� 603-41 Concrete Cut Off Walls (ditch crossing) 2 EA 603-42 Pipe Headwall 2 EA ©© 603-43 4" Median Urlderdrain Pipe Perforated 30 LF 603-44 4" Median Underdrain Pipe Solid 30 LFI�IE- 603-45 4" Clean Out 2 EA<6 �4a 604-01 Type 3 Single Inlet 2 EA 604-02 Type 3 Double Inlet 2 EA oe) 640-03 �604-04 5'Tvpe R Inlet y EA e1 c6 _ 10'Type R Inlet 2 EA 'Z&00- 604-06 15'Type R Inlet 2 EA 1JCj00 - O - 604-06 _ _ Combination Type 13 Inlet 2 EA - - 604-07 COFC Sin le Inlet ( Area Inlet) 2 EA 3 Qp - 604-08 4' Diameter Manhole _ 2 EA 2 604-09 5' Diameter Manhole 2 2 2 100 EA EA.. EA LF V00 2 ©©- -Zt. ' NEI COO 2,-Z00'�-607-02 604-10 5' Diameter Manhole Drop 604-11 6' Diameter Manhole _ 607-01 Temporary Fence- Corral Fence Temp Fence- Corral Panel + screen100 100 LF LF 2- 9ft - 2>avv 607-03 Privacy Fence 8' Cedar _ 607-04 _ acy Fence 6' Cedar 100 LF 607-05- 607-06 2 Rail Split 100 100 LF LF_ LF L10 O 1 Op607-07 G- _ 3 Railed Dowel Fence_ 4 Strand Barb Wire100 607-08 Orange Safety Fence. 100 500 935 LF SFt-}' SF 3� 310 - 2 608 01 ..608-02 Concrete -Sidewalk (4") Concrete Sidewalk (6") _ 608-03 Concrete Access Ramps with Colored Landings 6" _ 36 SF 608-04 Concrete Drive Approach (6") 250 200 SF SF 3 2fgC� '75D- ,y P— 608-05 Drive Over Curb+Sidewalk (6") _ a MAY-14-2004 FRI 02:21 PM FC RISK MANAGEMENT FAX NO. 9706216296 P. 06/08 n_ n1^1 608-06 Concrete Cross ans+A rons 10" 390 SF (S' (:U 141 �f f _ 608-07 Concrete Trickle Pan 4ft Wide 6" Thick 760 SF , j 9 608-08 Colored Concrete Bike Path 5" Fibermesh And Colored Yosemite Brown 1000 SF 7 �>300 608-09 Bus Stop Pad 6" Flat Work 500 SF 608-10 Pedestrian Refuge Islands 100 SF -30 0� 608-11 Hi -Early Concrete 24hr 25 C 808-12 Flow Fill 50 C 2 TM 609-01 Remove and Replace Concrete Curb and Gutter match existing) 100 LF 609-02 Vertical Curb+Gutter 30" 66 LF 00-4 609-03 Outfall Curb+Gutter 18" 50 LF 609-04 Rollover Curb+ Gutter 50 LF 609-05 —6—riveway Curb Cuts 4 EA 609-06 Asphalt Curb 150 LF DSD 610.01 Exposed Aggregate Concrete Hardsca a Medians 4" 250 1's42610-02 Patterned Concrete Stam ed 250 610-03 Interlockin Sidewalk Pavers-T e 1 250 PSFE-V }� 6D619-01 6" DIP Class 52 And Pol Wra 30 I 619-02 6"x6" Tee u 1 EA I-q& ?Ao — 619-03 _ 6"x6" Cross 1 EA CJ 530 - 619-04 6" 45' Bend 1 EA_ 2qa- 2 619-05 6" Gate Valve And Box 1 6 40 •- 619-08 6" Mega Lugs Restraints _ 2 _EA EA 619-07 6"x2" Blow Off 1 EA �710- 10 - 619-08 8" DIP Class 52 And Ploy Wrap 30 LF 619-09 8"x6" Tee 1 EA �i•- - 619-10 8"x8" Cross 1 EA 3Q, 0c� - 619-11 8"45'Bend 1 EA 250- 619-12 8x2" Blow Off -_~ 1 EA q6D S©_- 619-13 _ _ 8" PVC C-900 - 30 LF - 619-14 _ 8" Gate Valve And Box 1 2 EA EA q Z i }©- p - 2go.- 619-15 8" Mega Lugs Restraints 619-16 _ 8"x2"Blow Off 1 EA 915-0 Q 619-17 Fire Hydrant 1 EA j __ 1 0- 619-18 _ 6" Fire Hydrant Extension V 1 EA ct 0 - c5-OQ� - 619 18 _ 12" Fire Hydrant Extension 1 EA 540 - 619-20 _N _ 3/4" Copper Pie 30 LF D ^ 6W 619-21 _619-22 619-23 3/4" CorpStop-- 1 1 1 FA EA EA © JCLO - (0 D 160 _ 1 qU ^ 610s _- . _ .__ 3/4" Curb Stop_ 3/4" Meter Pit with 3/4" Yoke T 619-24 619-25 1" Copper Pipe 30 1 1 LF EA I !^! 4 190 _1" Corp Stop 619-26 1" Curb -Stop EA EA 2t C' 1(7 ^ 619-27 1" Meter Pit with 3/4" Yoke 1 619-28 1" Air Vac Assembles _ _ 1 EA p00- cC L M'AY-14-2004 FRl 02:21 PM FC RISK MANAGEMENT FAX NO. 9706216296 P. 07/08 LF 2810-02 6" CL-200 PVC Main 4.5 cover 100 2810-03 Cap Irrigation Line 2 EA Zr, -- 510-04 Sprinkler Line Install Trenching and Backfill 100 LF Co 2810-05 Mainline PVC Class 200 3" 100 LF �. 3 2810-06 Laterals PVC 200 2"-11/2"-1" 100 LF 2810-07 Remote Control Zone Valves 2 EA 4 ' 2810-08 Isolation Gate Valves 2" Square Nut 2 EA � 2810-09 Valve Boxes 2 EA 2810-10 Control System 18 Station 1 EA 610 — 10 2810-11 Electric Control Wiring ( 5 Wires #14 Feed and #12 Common) 100 LF 0' �3 2810-12 Gear Driven Rotor Heads Rainbird 2 EA �;6� D 2810-13 Pop Up Spray Heads Rainbird 4 EA 1D — 2810-14 Xeri-Pop Heads 2 EA `2, G &20- Drip System Pie 100 LF 1, I 110 — 2810-16 Sidewalk Bore 100 LF 2900-01 Wood Mulch 500 SF Os b 1 s- 2900-02 Landscape Cobbles CIP 6"-9" Size 2 1 Ton 1 2900-03 Topsoil 60/40 Mix For Medians CIP 20 Cy 3 — Gov- 2900-04 Native Seeding 0.5 ACR E 1 % 2900-05 1 Turf Sod _ _ 6500 SF ID, 3-�4Lt- TOTAL Note: Also attach Labor Costs and Equipment costs to be used for unanticipated additional work. 19 x .. Material Costs. Cost plus %for materials costing less than $500.00. Maximum allowed is 10% Cost plus % for materials costing $500.00 or more. Maximum allowed is 8% CONTRACT AWARD Award will be based upon (1) The most favorable total cost for the labor, material and mark-up requirements stated below and (2) the Service Provider meeting the requirements of the Service Agreement. Contractor must provide an equipment list with current pricing per hour with an operator and a list of proposed sub -contractors with the bid. Firm Name Connell Resources. INc. (Are you a corporation, BA, Partnership, LLC, PC) Signature PRINTED NAME William T Welch Title Vice President Address 4305 E Harmony Road Fort Collins. CO 80528 —=Phone/Fax(970) 223-3151 Fax: (970) 223-3191 11 CONNELL RESOURCES, INC. CITY OF FORT COLLINS TIME AND MATERIAL LABOR AND EQUIPMENT RATES MISCELLANEOUS STREETIMPROVEMENTS Bid # 5858 All Rates are per hour except as noted GRADING EQUIPMENT - Operated, Fueled & Maintained Scraper 631 E $169.00 Scraper 627E $158.00 Scraper 623F $140.00 Scraper 621E $132.00 Scraper 613B $90.00 Scraper 613C $90.00 Blade 140G $87.00 Blade 140H $87.00 Road Reclaimer-Dirt $123.00 Road Reclaimer - Asphalt $170.00 980 Loader $116.00 972 Loader $111.00 970 Loader $106.00 966 Loader $95.00 950 Loader $75.00 938 Loader $75.00 936 Loader $70.00 IT 28 Loader $70.00 John Deere 8650 with Disk $63.00 John Deere Landscape Loader $50.00 Skid Steer $30.00 D-9 Cat Dozer $148.00 D-8 Cat Dozer w/rippers $132.00 D-6 Cat Dozer $88.00 D-4 Cat Dozer $72.00 D-3 Cat Dozer $67.00 ASV 4810 Track Dozer $52.00 EXCAVATION EQUIPMENT - Fueled & Maintained Komatsu PC600 $142.00 Komatsu PC400 $127.00 Komatsu PC300 $109.00 Komatsu PC220 $88.00 Komatsu PC150 $67.00 350 Cat Excavator $127.00 330 Cat Excavator $106.00 325 Cat Excavator $98.00 436 Cat Backhoe $67.00 426 Cat Backhoe $67.00 416 Cat Backhoe $67.00 Rock $185.00 $165.00 Page 1 of 3 CONNELL RESOURCES, INC. CITY OF FORT COLLINS TIME AND MATERIAL LABOR AND EQUIPMENT RATES MISCELLANEOUS STREETIMPROVEMENTS Bid # 5858 All Rates are per hour except as noted PUMPS 3" Trash pump $26.00 4" Submersible $30.00 6" Diesel pump $34.00 PAVING EQUIPMENT - Operated, Fueled & Maintained Paving Machine Cat AP1055B $129.00 Paving Machine BG225 $87.00 Paving Machine BG145 $87.00 Gilcrest 813 Pro Paver $76.00 CMI PR-500 Profiler $397.00 CS 8200 Profilograph $134.00 Power Curber 150 $134.00 Johnson Street Sweeper $70.00 Crew Truck & Tools $200.00 Day Spray Rig $150.00 Day Tractor w/Spreader Bar $300.00 Day Tack $3.00 Gal ROLLER EQUIPMENT - Operated, Fueled & Maintained 815B Sheepsfoot Compactor $109.00 Rex 3-35 Compactor $88.00 Dynapac CA151 Vibratory Roller $75.00 Dynapac CAI 51 Compactor $75.00 Cat CP323 Compactor $64.00 Cat CP433 Smooth Drum $75.00 Hypac 530A Rubber Roller $59.00 Hyster C766 Roller $80.00 Dynapac Roller,CC21,CC101,CC122 $49.00 Ing Rand DD32 Asphalt Roller $51.00 MISCELLANEOUS Kick Broom $51.00 Sweeper $118.00 Asphalt Saw $65.00 Compressor & Tools $280.00 Day Pickup Truck & Tools $14.00 Fuel Truck $70.00 Portable generator set $46.00 Page 2 of 3 CONNELL RESOURCES, INC. CITY OF FORT COLLINS TIME AND MATERIAL LABOR AND EQUIPMENT RATES MISCELLANEOUS STREETIMPROVEMENTS Bid # 5858 All Rates are per hour except as noted LABOR Straight Time Overtime Project Site Manager with Pickup $55.00 Supervisor with Pickup $51.00 Foreman - Pickup Truck with Tools $42.00 $63.00 Operator - Blade $36.00 $54.00 Operator- Lg Scraper, Loader, Dozer, Hoe $33.00 $49.50 Operator -Sm Scraper, Loader, Dozer, Hoe $30.00 $45.00 Operator - 815, Disk, Rex Compactors $30.00 $45.00 Operator - Skip tractor, Skid Steer $24.00 $36.00 Operator - Paver, Screedman $35.00 $52.50 Operator - Paving Rollers, Sweeper $32.00 $48.00 Laborer - Asphalt $28.00 $42.00 Grade Checker $32.00 $48.00 Pipe Layer $26.00 $39.00 Laborer $24.00 $36.00 Field Mechanic $35.00 $52.50 Oiler $33.00 $49.50 Overtime will be added to the above prices for Weekend, Holidays, and above 8 hour: during the week. All units listed above will be an additional $12.00 per hour for overtim TRUCKS - Fueled, Operated & Maintained Tractor w/Low Boy $89.00 Tractor w/Rock Trailer $66.00 Tractor w/Flow Boy $66.00 Tractor w/Belly Dump $66.00 Tractor w/End Dump $66.00 Truck and Pup $61.00 Tandem Dump $61.00 Cat D35 Rock Truck $91.00 Cat 621 Rock Truck $91.00 Cat D25 Water Tanker $70.00 International Water Truck $59.00 Ford 2000 Gallon Water Truck $54.00 Overtime will be added to the above prices for Weekend, Holidays, and above 8 hour; during the week. All units listed above will be an additional $12.00 per hour for overtim Page 3 of 3 Connell Resources, Inc. 4305 East Harmony Rd Fort Collins, CO 80528 Phone: (970) 223-3151 Fax: (970) 223-3191 Email: rtrembleP-connellresources.com City of Fort Collins Miscellaneous Street Improvements Bid # 5858 Subcontractor Listing Scope Contractor Phone # Flat Concrete C,G&Walk Express Concrete Inc (970) 225-1287 Structural Concrete Concrete Structures Inc. (970) 535-0202 Fencing Cedar Supply (970) 663-2828 Irrigation / Landscape Bath Inc. (970) 484-5022 Saw Cutting Crystal Sawcutting (970) 484-7707 Paving Fabric A&S Paving Fabric (970) 223-7664 Vendor Listing Scope Vendor Phone # Reinforced Concrete Pipe Foothills Concrete Pipe (970) 785-6066 Water / Sewer Pipe & Fittings Hughes Supply (970) 221-4422 Concrete Loveland Ready Mix (970) 667-1108 Precast Manhole Aguilars Corp. (970) 330-7086 HDPE Pipe Advanced Drainage Systems (970) 493-7234 Corr Steel Pipe Big R Manufacturing (970) 356-9600 Rip Rap and Topsoil Pioneer sand Company (970) 223-4305 Fabrics Vance Brothers (303) 341-2604 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 upon signing, and shall continue in full force and effect until July1, 2005, 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 2 WOSA 10/97 Client#: 14427 %lurAMC-1 ACORD. CERTIFICATE OF LIABILITY INSURANCE 06/0; 04D " PRODUCER THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION Flood & Peterson Insurance Inc ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AMEND, EXTEND OR 4821 Wheaton Drive ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. P O Box 270370 Fort Collins, CO 80527 INSURED Connell Resources, Inc. 4305 E. Harmony Road Fort Collins, CO 80528-9527 :OVERAGES INSURERS AFFORDING COVERAGE INSURERA: Zurich INSURERB: American International INSURERC: Pinnacol Assurance INSURER D: INSURER E: NAIC # 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. LTR NSR TYPE OF INSURANCE POLICY NUMBER POLICY EFFECTIVE DATE MMIDDIYI' POLICY EXPIRATION DATE MM/DD/YY LIMITS A GENERAL LIABILITY CP0375782400 06/01/04 06/01/05 EACH OCCURRENCE $1000000 DPREMISES fEa occurrence) AMAGE TO RENTED $300 000 COMMERCIAL GENERAL LIABILITY MED EXP (Any one person) $5 0OO CLAIMS MADE O OCCUR PERSONAL &ADV INJURY $1 000 000 GENERAL AGGREGATE $2 DDD DUO GEN'L AGGREGATE LIMIT APPLIES PER: PRODUCTS - COMP/OP AGG $2000000 POLICY X PRO LOC JECT A AUTOMOBILE LIABILITY ANY AUTO CP0375782400 06/01/04 06/01/05 COMBINED SINGLE LIMIT (Ea accident) $1 OOO DOO r r X BODILY INJURY (Per person) $ ALL OWNED AUTOS SCHEDULEDAUTOS X BODILY INJURY (Per accident) $ HIRED AUTOS NON -OWNED AUTOS X X PROPERTY DAMAGE (Peraccident) $ Drive Other Car GARAGE LIABILITY AUTO ONLY - EA ACCIDENT $ OTHER THAN EA ACC $ ANY AUTO $ AUTO ONLY: AGG B EXCESS/UMBRELLA LIABILITY BE2681480 06/01/04 06/01/05 EACH OCCURRENCE s3,000,000 7X OCCUR CLAIMS MADE AGGREGATE s3,000,000 $ RDEDUCTIBLE $ X RETENTION $10 000 C WORKERS COMPENSATION AND 4029651 06/01/04 06/01/05 - X I OR WCSSTATU- OTHEs- EMPLOYERS' LIABILITY ANY PROPRIETOR/PARTNER/EXECUTIVE E.L. EACH ACCIDENT $5OO OOO E.L. DISEASE - EA EMPLOYEE s500,000 OFFICER/MEMBER EXCLUDED? It yes, describe under SPECIAL PROVISIONS below E.L. DISEASE - POLICY LIMIT $500,000 OTHER DESCRIPTION OF OPERATIONS / LOCATIONS / VEHICLES / EXCLUSIONS ADDED BY ENDORSEMENT / SPECIAL PROVISIONS RE: CRI# 2041006 Northeast Area Overlay Project (Property at County Rd 11) Certificate holder, Owner, Engineer, Engineer's Consultants are named as additional insured, but only as respects liability arising out of work performed by the named insured (Excluding Workers' Compensation). City of Fort Collins Purchasing Division PO Box 580 Fort Collins, CO 80522-0580 SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, THE ISSUING INSURER WILL ENDEAVOR TO MAIL 311 DAYS WRITTEN NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE LEFT, BUT FAILURE TO DO SO SHALL IMPOSE NO OBLIGATION OR LIABILIyP Q ANY KIRk UPW THE INSURER, ITS AGENTS OR AUTHORIZED ACORD 25 (2001/08) 1 of 2 #M283554 NIK © ACORD CORPORATION 1988 the parties. All notices provided under this Agreement shall be effective when mailed, postage prepaid and sent to the following address: City: Service Provider: City of Fort Collins, Purchasing Connell Resources Inc. P.O. Box 580 4305 E. Harmony Road Ft. Collins, CO 80522 Ft. Collins, CO 80528 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 ten (10) 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 3 WOSA 10/97 a 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, Service Provider shall neither assign any responsibilities nor delegate any duties arising under this Agreement without the prior written consent of the City. The parties acknowledge that Service Provider may use the subcontractors and vendors listed in Exhibit "C", attached hereto and incorporated herein by reference, to complete all or a portion of the work under this Agreement. Service Provider assumes responsibility for the acts and omissions of its subcontractors and vendors and of persons directly or indirectly employed by them. Nothing contained in this Agreement shall create any contractual relationship between any subcontractor or vendor and the City. However, the work to be provided by these subcontractors shall be done at the rates paid by the tAy to the Service Provider for these services. 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. WOSA 10/97 (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. 4 (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. 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. 5 WOSA 10/97 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 "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, 215 N. Mason, PO Box 580, Fort Collins, Colorado 80522 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. 6 WOSA 10/97 CITY OF FORT COLLINS, COLORADO a municipal corporation By: O Jamof 'NeillIICPPODirePurchasing and Risk Management Date: 7 O Conne1j Resources Inc. By: ,PRINT WQMZ� CORPORATE PRESIDENT OR VICE PRESIDENT ATTEST: CORPORATE SECRETARY 7 WOSA 10/97 (Corporate Seal) w °r 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 By: Date WOSA 10/97 Acceptance _ User 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: EXHIBIT D 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 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. 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.