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HomeMy WebLinkAboutBID - 5886 TENNIS COURT LIGHTING AT CITY PARK (5)CITY OF FORT COLLINS INVITATION TO BID BID #5886 TENNIS COURT LIGHTING AT CITY PARK BID OPENING: DECEMBER 1, 2004, 3:00P.M. (Our Clock) Sealed bids will be received and publicly opened at the office of the Director Of Purchasing and Risk Management, PO Box 580, 215 North Mason St., 2nd floor, Fort Collins, Colorado 80522, at the time and date noted on the bid proposal and/or contract documents. If delivered, they are to be sent to 215 North Mason Street, 2nd Floor, Fort Collins, Colorado 80524. If mailed, the address is P.O. Box 580, Fort Collins, 80522-0580. Bids must be received at the Purchasing Office prior to 3:00p.m. (Our Clock), December 1, 2004. A copy of the Bid may be obtained as follows: 1. Download the Bid from the Purchasing Webpage, Current Bids page, at: www.fcgov.com/purchasing. 2. Come by Purchasing at 215 North Mason St., 2nd floor, Fort Collins, and request a copy of the Bid. Special Instructions All bids must be properly signed by an authorized representative of the company with the legal capacity to bind the company to the agreement. Bids may be withdrawn up to the date and hour set for closing. Once bids have been accepted by the City and closing has occurred, failure to enter into contract or honor the purchase order will be cause for removal of supplier's name from the City of Fort Collins' bidders list for a period of twelve months from the date of the opening. The City may also pursue any remedies available at law or in equity. Bid prices must be held firm for a period of forty-five (45) days after bid openings. Submission of a bid is deemed as acceptance of all terms, conditions and specifications contained in the City's specifications initially provided to the bidder. Any proposed modification must be accepted in writing by the City prior to award of the bid. Only bids properly received by the Purchasing Office will be accepted. All bids should be clearly identified by the bid number and bid name contained in the bid proposal. No proposal will be accepted from, or any purchase order awarded, to any person, firm or corporation in default on any obligation to the City. Bids must be furnished exclusive of any federal excise tax, wherever applicable. SA 10/2004 2 Bidders must be properly licensed and secure necessary permits wherever applicable. Bidders not responding to this bid will be removed from our automated vendor listing for the subject commodities. The City may elect where applicable, to award bids on an individual item/group basis or on a total bid basis, whichever is most beneficial to the City. The City reserves the right to accept or reject any and all bids, and to waive any irregularities or informalities. Sales prohibited/conflict of interest: no officer, employee, or member of City Council, shall have a financial interest in the sale to the City of any real or personal property, equipment, material, supplies or services where such officer or employee exercises directly or indirectly any decision- making authority concerning such sale or any supervisory authority over the services to be rendered. This rule also applies to subcontracts with the City. Soliciting or accepting any gift, gratuity, favor, entertainment, kickback or any items of monetary value from any person who has or is seeking to do business with the City of Fort Collins is prohibited. Freight terms: unless otherwise noted, all freight is F.O.B. Destination, Freight Prepaid. All freight charges must be included in prices submitted on proposal. Discounts: any discounts allowed for prompt payment, etc., must be reflected in bid figures and not entered as separate pricing on the proposal form. Purchasing restrictions: your authorized signature of this bid assures your firm's compliance with the City's purchasing restrictions. A copy of the resolutions are available for review in the Purchasing Office or the City Clerk's Office. Request Resolution 91-121 for cement restrictions. Collusive or sham bids: any bid deemed to be collusive or a sham bid will be rejected and reported to authorities as such. Your authorized signature of this bid assures that such bid is genuine and is not a collusive or sham bid. Bid results: for information regarding results for individual bids send a self-addressed, self- stamped envelope and a bid tally will be mailed to you. Bid results will be posted in our office 7 days after the bid opening. James B. O’Neill II, CPPO, FNIGP Director of Purchasing and Risk Management SA 10/2004 3 BID PROPOSAL BID #5886 TENNIS COURT LIGHTING AT CITY PARK BID OPENING: December 1, 2004, 3:00p.m., (our clock) WE HEARBY ENTER OUR BID FOR THE CITY OF FORT COLLINS REQUIREMENTS FOR TENNIS COURT LIGHTING AT CITY PARK PER THE BID INVITATION AND ANY REFERENCED SPECIFICATIONS: The City of Fort Collins Parks Department is requesting bids for the tennis court lighting at City Park. The work will consist of installing new poles, lights, conduit, wires and electrical connections for a complete job. Work between the service and the junction boxes at the edge of the courts will be done by others. Old poles and lights will be removed by the Parks Department. Contract must be completed 90 days after notice to proceed is issued. Substantial completions must be completed by March 25, 2005, with final completion by April 1, 2005. The successful bidder must enter into the attached services agreement (sample) and supply proof of insurance “Exhibit B” as requested. Substantial completion means all poles, lights, wiring, and other components must be installed. Final completion means everything must be energized and working and the site is cleaned of any debris. Any technical questions should be directed to Eileen Scholl, Project Manager at (970) 416-2062. Any purchasing questions should be directed to John Stephen, CPPO, CPPB, Senior Buyer at (970) 221-6775. A prebid meeting will be held at City Park tennis courts, located at the intersection of Oak & Roosevelt, Ft. Collins at 10:00 am on November 18, 2004. BID SCHEDULE LUMP SUM $___________________ FIRM NAME____________________________________________ Are you a Corporation, Partnership, DBA, LLC, or PC SIGNATURE____________________________________________ ADDRESS______________________________________________ ______________________________________________ PHONE/FAX # __________________________________________ SA 10/2004 4 Qualifications of Bidder: A. Qualified bidder must be doing business under the present business name for the past three consecutive years. B. Qualified bidder will supply with bid, 3 references specific to tennis type lighting installation. References must include contact name, date when work was completed and type of work. C. Qualified bidder shall have sufficient manpower and equipment to accomplish said work in required time. This includes the ability to bore holes and trench through asphalt or frost. D. The Owner may make such investigation as it deems necessary to determine the ability of the bidder to perform the work and the bidder shall furnish to the Owner all such information and data as is reasonably required for this purpose. The Owner reserves the right to disqualify any bid if the evidence resulting from the Owners investigation shows, in the opinion of the Owner, that the bidder is not properly qualified to prosecute the work described herein. E. Failure to meet the agreed upon milestones, place order for light system within 5 days, or fully complete the work by April 1, 2005 shall result in damages assessed against the Contractor. Since this tennis complex is one of five lighted tennis complexes, the work needs to be completed in a timely manner. At the City’s option, liquidated damages in the amount of $100.00 per day may be retained from any monies due the Contractor, or the City may retain an additional contractor(s) to complete the work, or portion thereof, and retain any costs incurred above and beyond the bid prices of the Contractor from any monies due the Contractor in lieu of liquidated damages. SCOPE OF WORK A. The contractor shall place the order for the light system within five (5) working days after receiving notice to proceed by the Project Manager or as approved by the Project Manager. Written notification of placement of the order from the light manufacturer shall be given to the Project Manager. Work must commence within 7 days after receipt of light system. Mutually acceptable milestones indicating working days shall be determined by the City and the Contractor. Any extensions of the time limits set forth above must be agreed upon in writing by the parties hereto. B. The Contractor shall be solely responsible for cleaning the job site at the end of each working day and at work completion. C. The Contractor shall be solely responsible for making sure the work area is left in a safe condition or fenced to keep the area safe. D. The City may order changes within the scope of the work without invalidating this agreement. If such changes alter the amount due under the contract documents or the time required for the performance of the work, such alteration shall be approved by the parties in writing in the form of a change order. SA 10/2004 5 UNIT WORK ITEMS: A. Receiving and unloading shipment. B. Setting of light poles. C. Trenching for conduit. D. Electrical hookup. SA 10/2004 6 SPECIFICATIONS: Lighting system to be installed is by Ruud Lighting. It will consist of six single fixture assemblies and six double fixture assemblies. They will be 19’ square straight steel poles with tenon mount. Luminaire Schedule 18 - Ruud Lighting AC3499-M (Luminaire) 12 - Rudd Lighting PS4S19TBZ (Steel Pole) 2 of which will have GFI outlets 6 - Rudd Lighting PA-1A4 (Single Tenon) 6 - Ruud Lighting PD-2A4(180) (Double Tenon) The performance criteria shall be 43.0 footcandles initial and 34.4 footcandles maintained. New conduit and wiring will need to be trenched in to new poles from the junction boxes at the edge of the courts. Wire sizes and conduit sizes are noted on drawing Attachment B. Contractor will be responsible for receiving and unloading shipment. Care must be taken not to damage court surface, with plans to use plywood and tarps if necessary. All asphalt cutting will be with a saw, not a trencher. All trenches shall be flow filled. No cement trucks will be allowed on the courts. LIGHT STRUCTURE SYSTEM SPECIFICATIONS A. Playability Specifications A.1. *Initial Light Levels The average initial levels for the entire court area shall be 43.0 footcandles. A.2. *Target Light Levels The average target (maintained) light levels for the entire court area shall be 34.4 footcandles. A.3. *Light Loss Factor The light loss factor used to determine the target light levels shall be a maintenance factor of .80. A.4. *Uniformities The uniformities of the playing field shall be measured by comparing the maximum reading to the minimum reading. The ratio shall not exceed 1.86:1 maximum to minimum for the entire court area. A.5. *Structural Strength To prevent misalignment of any luminaires or damage to the crossarms or its components, the crossarm, reflector, and its attachment to the pole shall be able to structurally withstand winds of 100 mph with a 1.3 gust factor. A.6. *Mounting Heights To ensure proper aiming angles for reduced glare and to provide better playability, the pole mounting heights from the playing field surface shall be 19 feet. B. Maintenance Ease B.1. Electrical Enclosure Fusing To prevent multiple failures, an individual fuse shall be provided for each ballast conductor except neutral conductors. C. Durability SA 10/2004 7 C.1. Enclosed Wiring To protect from deterioration from exposure to the elements, all wiring shall be contained inside the crossarms or pole. C.2. Materials and Coatings To facilitate adequate heat dissipation from the ballasts, the electrical enclosure shall be fabricated of heavy gauge aluminum. The electrical enclosure shall be further coated with a TGIF thermoset polyester powder paint finish to provide protection from oxidation of the aluminum. C.3. Internal Wire Rating To ensure longer durability, internal wiring shall be routed away from ballast cores, rated for at least 90 degrees C, suitable for the voltage and amperage involved. Luminaire manufacturer shall supply U.L. temperature test of electrical enclosure. C.4. Weather Proof Enclosure To provide protection against weather-related elements, it shall be UL and CSA rated to wet locations. C.5. Pole Material For added durability, the poles shall be high strength low alloy tapered tubular steel meeting ASTM-A595 standards, and shall have a TGIC thermoset polyester powder paint finish. D. Safety D.1. UL Listing To provide independent assessment of equipment and system safety, the lighting and electrical equipment shall have a U.L. listing. This listing shall be based upon U.L. testing and evaluation of the compatibility of the structures, enclosures and the components for use in combination with this application in addition to the individual components being U.L. listed or recognized. D.2. Grounding Lug within Electrical Enclosure For the safety of personnel and protection of the equipment, one grounding lug shall be supplied within the electrical enclosure, which is rigidly fastened to the enclosure, sized to accept up to a 1/0 conductor. D.3. Enclosed Wiring Because the additional structures often required to support overhead wiring systems can present safety hazards for players and spectators, all wiring shall be contained inside the crossarms or the pole. Since the overhead is exposed to wind, lightning, and other elements causing deterioration over time, underground wiring, supplied by the installer, shall be enclosed within the pole and concrete base. D.4. Compliance to Specified Codes The lightning equipment shall comply with the codes as specified including, but not limited to: National Fire Protection Asso (NFPA) 780 Lightning SA 10/2004 8 Protection National Electrical Codes Underwriter’s Laboratory (UL) National Electrical Manufacturers Asso (NEMA) Standard 250-1991 Enclosures for Electrical Equipment D.5. Lightning Protection Meeting NFPA 780 Code For added protection against lightning, all structures shall be equipped with lightning protection meeting standards established by NFPA 780 (National Fire Protection Asso.) At each structure, the contractor shall provide at least one copper-clad steel ground rod of not less than 5/8 inches in diameter and not less than 10 feet in length. The ground rods shall be connected to the structure by a copper main down conductor. This conductor shall be not less than a #2 conductor. For steel poles, the main down conductor shall extend from the base of the steel pole to the ground rods and shall be bonded to the steel pole and the equipment ground. All metal components on the pole shall be bonded to the pole All main down conductors and all bonding conductors shall maintain a horizontal or downward coursing path, free from “U” or “V” (down and back up) pockets. Such pockets, often formed by metal components mounted below the pole top bond location, shall be provided with a down conductor from the base of the component to ground or to an adjacent main down conductor. No bend of any conductor shall form an included angle of less than 90 degrees nor shall it have a radius bend of less than 8 inches. E. Energy Usage E.1. Lamp Type Lamps shall be 1000 watt metal halide and shall meet ANSI standards. E.2. Lumens per Lamp Manufacturers shall supply computer generated point-by-point light scans based on 107,800 lumens per lamp. E.3. Meeting Specifications To ensure compliance with the specifications, at the completion of the project, actual light performance meter reading shall be taken and verified. Inspection and Testing Procedures F.4.1. All testing will be done with the entire facility illuminated. F.4.2. Horizontal footcandle readings shall be taken with the meter positioned horizontal 36 inches above grade. F.4.3. Testing equipment for measurement of footcandle levels shall be a calibrated Gossen Panalux Electronic 2 or an approved equal. F.4.4. For final approval of the project, the manufacturer shall provide a final report from the test results that shall provide the following items: a. Identification and location of test stations. b. Actual horizontal footcandle readings taken at each test station SA 10/2004 9 c. Number of hours of operation. Point by Point Analysis Measurements of light shall be demonstrated on a grid of a specified number of points covering a stated area on an equally spaced grid. See the below chart for the exact specifications of points, areas and grid spacing for each court. Area of Lighting Each Court Area # of Points 45 Size of Area to be Covered 36’ x 78’ Grid Spacing 10’ x 10’ E.5. Beam Control Fixtures In order to turn wasted spill light into useable light on the field resulting in lower energy consumption, that the reflector system design of the approved lighting fixture shall place more than 60% of the total light output below the maximum candlepower point and thereby onto the field to be illuminated. F. Accountability F.7. Delivery Timeframe for Sports Lighting Equipment The equipment must be on-site 4-6 weeks from the receipt of signed purchase order, acceptance of order and receipt of complete order information. F.8. Pole Strength To ensure proper pole stress allowance, the pole analysis and design will be based on the American Association of State Highway and Transportation Officials (AASHTO) design criteria. F.10. Manufacturer Name and Model Number The approved lighting/pole manufacturer is Ruud Lighting. Approval must be obtained 10 days prior to bid date for all substitutions. F.11. 10 Day Prior Approval for all Manufacturers All bidders must use an approved product. Approval must be obtained by each equipment manufacturer 10 days prior to the bid date. FOUNDATION SPECIFICATIONS The foundation pier shall be 18” in diameter and 5’ in length. See Attachment “A” for all specifications. The geotechnical engineering report is from CTL Thompson and is included in this bid specification. Soil profiles are included in the report. Contractor may need to use dewatering procedures. Cement trucks will not be allowed on tennis court surface due potential damage to court. SA 10/2004 10 CONDUIT TRENCHING Trenching depth will be determined by City code. Trenches will be backfilled with flow fill. Asphalt patch will match depth of existing asphalt. Color coat surface will be done by others. The asphalt will be sawcut prior to trenching to minimize damage to tennis surface. Maximum sawcut width will be 6". Trenching will follow trenching diagram. See Attachment "B". Conduit size is marked on trenching diagram. GENERAL ELECTRICAL General Requirements A. Codes and Regulations: Comply with all applicable state and local codes, regulations and ordinances and the latest applicable requirements of the National Electrical Code as interpreted by the local inspection authority who shall have final jurisdiction. B. Permits and Fees: Secure and pay for all permits, fees, taxes, royalties, licenses and inspections in connection with the electrical work. Upon completion of work, furnish to the Project Manager a Certificate of Inspection indicating final approval by the local inspection authority. C. Examination of Premises: Examine the premises prior to bidding and become fully familiar with existing conditions. Materials 2.0 GENERAL A. All materials and equipment shall be manufactured, tested and installed in accordance with the following: 1. National Electrical Code (NEC). 2. Underwriters’ Laboratory (UL). 3. National Electrical Manufacturer’s Association (NEMA). 4. American National Standards Institute (ANSI). 5. Illuminating Engineering Society (1ES). B. The Contractor shall submit proof, if requested by the Project Manager, that the materials, equipment or devices that he installs under this contract meet the requirements of the Underwriters’ Laboratories, Inc. in regard to fire and casualty hazards. C. All electrical material shall display a UL label. 2.1 RACEWAYS - ACCEPTABLE CLASSES A. Description of System. 1. Provide raceways as required below for raceway systems. 2. Conduit sizes not noted on Drawings shall be in accordance with NEC requirements for the quantities and size of wire installed therein. SA 10/2004 11 3. Where nonmetallic raceways are utilized, size as required to conform with the grounding conductor considered as an insulated additional conductor. 4. Where metallic raceways are used, they must establish positive low-resistance paths to ground and effectively isolate conductors so that any short-circuit arcs will be confined. 5. Reference Section 16450, Grounding. B. Acceptable Classes. 1. Electrical Metallic Tubing (EMT). a. Install 2” and smaller for all exposed branch circuit wiring. b. Fittings. 1) Compression connectors. c. Comply with Underwriters’ Laboratories Standard UL 797 and USA Standards Institute C80-3. 2. Poly-Vinyl Chloride (PVC) Plastic Conduit. a. Provide in the following locations. 1) In or below slabs on grade. 2) In earth or gravel. b. Schedule 80 Heavy Wall, 90 degrees Celsius, UL listed for above ground use and Schedule 40 PVC per electrical code for underground use. c. Conform to NEMA TC-2 and UL-651 standards. d. UL listed in conformity with Article 347 of the Nation Electric Code. e. 1-1/2” and larger shall conform to NEMA Publications No. TC-1-1965. 3. Surface Metal Wireway. a. Provide surface metal wireway of a dimension permitting the number of conductors and splices installed. NEMA 1 enclosure. b. The raceway shall meet all NEW Article 352A requirements and shall be UL listed. c. Provide with appropriate boxes and fittings by same manufacturer. 2.2 WIRES AND CABLES A. Description of System. 1. Provide a complete system of conductors in raceway systems with minimum wire size to be No. 12, unless shown otherwise on Drawings. 2. Unless otherwise indicated, wire sizes noted on Drawings are to be extended for the entire length of a circuit including taps and risers. 3. 120-volt branch circuits shall be No. 10 or larger where the distance to the first outlet exceeds 75 feet. B. Conductor Material. 1. Copper conductors shall be high conductivity tin coated annealed copper in accordance with ASTM B-33. a. Use copper conductors for all wiring. SA 10/2004 12 C. Insulation. 1. THHN Cu conductors - Use for all branch circuit conductors installed in conduit. a. UL Type THHN, suitable for operation at 600 volts in wet or dry locations at conductor temperatures not to exceed 75° C. b. Poly-vinyl chloride insulation that is UL defined as heat, abrasion, moisture and oil resistant. 2.3 JUNCTION BOXES A. General Requirements. 1. Provide all covers of same gauge metal and include screws. B. Concealed Junction Boxes. 1. Provide code gauge sheet metal boxes located and sized as required with suitable covers and trims. a. Make of material resistant to corrosion or suitably protected, both internally and externally, by galvanizing. b. Boxes installed in damp or wet locations shall be UL approved for the purpose. c. Comply with UL Standard 50. d. Metal boxes to meet NEC construction specifications. C. Exposed Junction Boxes. 1. Boxes exposed or surface mounted shall be die-cast or permanent-mold cast aluminum body with threaded external hub and cast over. 2.4 WIRE CONNECTORS AND DEVICES A. Description of System. 1. Provide wire connectors, crimp terminals, splice connectors, mechanical lugs, compression lugs, pin connectors, split bolt connectors and associated insulating devices for a complete wiring connection system suitable for specified cables furnished. 2. Connectors shall be in accordance with NEC, state and local requirements for size and color installed therein. 3. Connectors and devices shall be installed in accordance with manufacturers and U.L. standard requirements for tightening torques. Use proper torquing tools to achieve accurate values. SA 10/2004 13 OTHER COMPONENTS Individual in line fuses shall be installed at base of pole. All components shall be UL Approved. SA 10/2004 14 SA 10/2004 15 SA 10/2004 16 Attachment A-1 SA 10/2004 17 Attachment A-2 SA 10/2004 18 Attachment B (not to scale) SA 10/2004 19 SERVICES AGREEMENT THIS AGREEMENT made and entered into the day and year set forth below by and between THE CITY OF FORT COLLINS, COLORADO, a Municipal Corporation, hereinafter referred to as the "City" and ____________________________, hereinafter referred to as "Service Provider". WITNESSETH: In consideration of the mutual covenants and obligations herein expressed, it is agreed by and between the parties hereto as follows: 1. Scope of Services. The Service Provider agrees to provide services in accordance with the scope of services attached hereto as Exhibit "A", consisting of ____ (____) page[s], and incorporated herein by this reference. 2. The Work Schedule. [Optional] The services to be performed pursuant to this Agreement shall be performed in accordance with the Work Schedule attached hereto as Exhibit "B", consisting of ____ (____) page[s], and incorporated herein by this reference. 3. Time of Commencement and Completion of Services. The services to be performed pursuant to this Agreement shall be initiated within ______________ (____) days following execution of this Agreement. Services shall be completed no later than _______________. Time is of the essence. Any extensions of the time limit set forth above must be agreed upon in a writing signed by the parties. 4. Contract Period. [Option 1] This Agreement shall commence upon the date of execution shown on the signature page of this Agreement and shall continue in full force and effect for one (1) year, unless sooner terminated as herein provided. In addition, at the option of the City, the Agreement may be extended for an additional period of one (1) year at the rates provided with written notice to the Professional mailed no later than ninety (90) days prior to contract end. SA 10/2004 20 4. Contract Period. [Option 2] This Agreement shall commence ________, 200_, and shall continue in full force and effect until ________, 200_, unless sooner terminated as herein provided. In addition, at the option of the City, the Agreement may be extended for additional one year periods not to exceed ___ (_) additional one year periods. Renewals and pricing changes shall be negotiated by and agreed to by both parties. The Denver Boulder Greeley CPIU published by the Colorado State Planning and Budget Office will be used as a guide. Written notice of renewal shall be provided to the Service Provider and mailed no later than ninety (90) days prior to contract end. 5. Delay. If either party is prevented in whole or in part from performing its obligations by unforeseeable causes beyond its reasonable control and without its fault or negligence, then the 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. [Early Termination clause here as an option. 6. Early Termination by City/Notice. Notwithstanding the time periods contained herein, the City may terminate this Agreement at any time without cause by providing written notice of termination to the Service Provider. Such notice shall be delivered at least 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 addresses: City: Copy to: Service Provider: SA 10/2004 21 In the event of early termination by the City, the Service Provider shall be paid for services rendered to the date of termination, 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. The City shall pay the Service provider for the performance of this Contract, subject to additions and deletions provided herein, the sum of Dollars ($_________) [Option Cost Breakdown is attached Exhibit "C"] 8. City Representative. The City will designate, prior to commencement of the work, its representative who shall make, within the scope of his or her authority, all necessary and proper decisions with reference to the services provided under this agreement. All requests concerning this agreement shall be directed to the City Representative. 9. Independent Service provider. The services to be performed by Service Provider are those of an independent service provider and not of an employee of the City of Fort Collins. The City shall not be responsible for withholding any portion of Service Provider's compensation hereunder for the payment of FICA, Workmen's Compensation or other taxes or benefits or for any other purpose. 10. 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. 11. Acceptance Not Waiver. The City's approval or acceptance of, or payment for any of the services shall not be construed to operate as a waiver of any rights or benefits provided to the City under this Agreement or cause of action arising out of performance of this Agreement. SA 10/2004 22 12. 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. 13. Default. Each and every term and condition hereof shall be deemed to be a material element of this Agreement. In the event either party should fail or refuse to perform according to the terms of this agreement, such party may be declared in default thereof. 14. Remedies. In the event a party has been declared in default, such defaulting party shall be allowed a period of ten (10) days within which to cure said default. In the event the default remains uncorrected, the party declaring default may elect to (a) terminate the Agreement and seek damages; (b) treat the Agreement as continuing and require specific performance; or (c) avail himself of any other remedy at law or equity. If the non-defaulting party commences legal or equitable actions against the defaulting party, the defaulting party shall be liable to the non-defaulting party for the non-defaulting party's reasonable attorney fees and costs incurred because of the default. 15. Binding Effect. This writing, together with the exhibits hereto, constitutes the entire agreement between the parties and shall be binding upon said parties, their officers, SA 10/2004 23 employees, agents and assigns and shall inure to the benefit of the respective survivors, heirs, personal representatives, successors and assigns of said parties. 16. Indemnity/Insurance. a. The Service Provider agrees to indemnify and save harmless the City, its officers, agents and employees against and from any and all actions, suits, claims, demands or liability 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 ___, consisting of ______ (___) pages[s], attached hereto and incorporated herein by this reference. The Service Provider before commencing services hereunder, shall deliver to the City's Director of Purchasing and Risk Management, P. O. Box 580 Fort Collins, Colorado 80522 one copy of a certificate evidencing the insurance coverage required from an insurance company acceptable to the City. 17. Entire Agreement. This Agreement, along with all Exhibits and other documents incorporated herein, shall constitute the entire Agreement of the parties. Covenants or representations not contained in this Agreement shall not be binding on the parties. 18. Law/Severability. The laws of the State of Colorado shall govern the construction interpretation, execution and enforcement of this Agreement. In the event any provision of this Agreement shall be held invalid or unenforceable by any court of competent jurisdiction, such holding shall not invalidate or render unenforceable any other provision of this Agreement. SA 10/2004 24 19. Special Provisions. [Optional] Special provisions or conditions relating to the services to be performed pursuant to this Agreement are set forth in Exhibit ___, consisting of _____ (____) page[s], attached hereto and incorporated herein by this reference. CITY OF FORT COLLINS, COLORADO a municipal corporation By:_______________________________ James B. O'Neill II, CPPO, FNIGP Director of Purchasing and Risk Management Date:_____________________________ ATTEST: _________________________________ City Clerk APPROVED AS TO FORM: ________________________________ Assistant City Attorney [Insert Corporation's name] or [Insert Partnership name] or [Insert individual's name] Doing business as ____[insert name of business] By:_______________________________ __________________________________ PRINT NAME __________________________________ CORPORATE PRESIDENT OR VICE PRESIDENT Date:_____________________________ ATTEST: (Corporate Seal) _____________________________ CORPORATE SECRETARY 25 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 after ten (10) days written notice has been received by the City of Fort Collins." In case of the breach of any provision of the Insurance Requirements, the City, at its option, may take out and maintain, at the expense of the Service Provider, such insurance as the City may deem proper and may deduct the cost of such insurance from any monies which may be due or become due the Service Provider under this Agreement. The City, its officers, agents and employees shall be named as additional insureds on the Service Provider's general liability and automobile liability insurance policies for any claims arising out of work performed under this Agreement. 2. Insurance coverages shall be as follows: A. Workers' Compensation & Employer's Liability. The Service Provider shall maintain during the life of this Agreement for all of the Service Provider's employees engaged in work performed under this agreement: 1. Workers' Compensation insurance with statutory limits as required by Colorado law. 2. Employer's Liability insurance with limits of $100,000 per accident, $500,000 disease aggregate, and $100,000 disease each employee. B. Commercial General & Vehicle Liability. The Service Provider shall maintain during the life of this Agreement such commercial general liability and automobile liability insurance as will provide coverage for damage claims of personal injury, including accidental death, as well as for claims for property damage, which may arise directly or indirectly from the performance of work under this Agreement. Coverage for property damage shall be on a "broad form" basis. The amount of insurance for each coverage, Commercial General and Vehicle, shall not be less than $500,000 combined single limits for bodily injury and property damage. In the event any work is performed by a subcontractor, the Service Provider shall be responsible for any liability directly or indirectly arising out of the work performed under this Agreement by a subcontractor, which liability is not covered by the subcontractor's insurance.