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HomeMy WebLinkAboutBID - 7007 CABLING INSTALLATION (2)INVITATION TO BID 7007 CABLING INSTALLATION BID OPENING: 3:00 P.M. (our clock), February 6, 2009 The City of Fort Collins is soliciting bids to establish a Primary vendor for fiber optic and category 5e or better copper cable installation work at various locations in and around Fort Collins. Bidders shall supply the requested prices and information on the enclosed Bid Sheets, and supply the requested resume and certification information. It is our intent to enter into a Service Agreement with a Primary Vendor; based on the lowest responsible and responsive bidder as evidenced by the Final Bid price, that meets the requirements set forth in this bid proposal. 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 3:00 p.m. (our clock), February 6, 2009. A pre-bid conference will be held on Wednesday, January 21, 2009 at 1:00 p.m. in Conference Room 2E (Training Room) located at 215 N. Mason St., 2nd floor in Fort Collins. Questions concerning the scope of the bid should be directed to Project Managers Quentin Antrim, MIS, (970)218-3057 or e-mail at qantrim@fcgov.com; or Hillary Koontz, MIS, (970)416-2421 or e- mail at hkoontz@fcgov.com. Questions regarding bid submittal or process should be directed to Ed Bonnette, C.P.M., CPPB, Buyer (970) 416-2247; or e-mail at ebonnette@fcgov.com. A copy of the Bid may be obtained as follows: 1. Download the Bid from the Purchasing Webpage, Current Bids page, at: http://fcgov.com/eprocurement 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 Bids may be withdrawn up to the date and hour set for closing.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. Financial Services Purchasing Division 215 N. Mason St. 2nd Floor PO Box 580 Fort Collins, CO 80522 970.221.6775 970.221.6707 fcgov.com/purchasing 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. 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 is 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 3 BID PROPOSAL 7007 CABLING INSTALLATION BID OPENING: February 6, 2009, 3:00p.m., (our clock) A pre-bid conference will be held on Wednesday, January 21 at 1:00 p.m. in Conference Room 2E (Training Room) located at 215 N. Mason St., 2nd floor in Fort Collins. Questions concerning the scope of the project should be directed to Project Managers Quentin Antrim, MIS, 970-218-3057 or e-mail at qantrim@fcgov.com ; or Hillary Koontz, MIS, 970-416-2421 or hkoontz@fcgov.com . Questions regarding Bid submittal or process should be directed to Ed Bonnette, C.P.M., CPPB, Buyer (970) 416-2247; email ebonnette@fcgov.com . WE HEREBY ENTER OUR BID FOR THE CITY OF FORT COLLINS' REQUIREMENTS FOR FIBER OPTIC & CATEGORY 5e OR BETTER COPPER CABLING PER THE BID INVITATION AND ANY REFERENCED SPECIFICATIONS: The City of Fort Collins is requesting bids using the following guidelines: BIDDING GUIDELINES: The City of Fort Collins is soliciting bids to establish a Primary vendor for fiber optic and category 5e or better copper cable installation work at various locations in and around Fort Collins. Bidders shall supply the requested prices and information on the enclosed Bid Sheets, and supply the requested resume and certification information. It is our intent to enter into a Service Agreement with a Primary Vendor; based on the lowest responsible and responsive bidder as evidenced by the Final Bid price, that meets the requirements set forth in this bid proposal. Please review the enclosed Work Order Service Agreement. The Awarded Service Provider will be expected to sign the Agreement without revision. Needed services during the contract period will be requested through issuance of work orders. There is no guaranteed minimum amount of services to be ordered. No work order exceeding $60,000 will be issued. The City reserves the right to supply any or all materials. In the last three years, the total work orders have averaged $175,000 per year. Changes in the Work. The City reserves the right to independently bid any services rather than issuing work to the Service Provider pursuant to the awarded Service Agreement(s). Nothing within the awarded Agreement(s) shall obligate the City to have any particular service performed by the awarded Service Provider(s). Awarded service provider(s) must enter into the attached Work Order Services Agreement(s) (sample attached, for your review) and provide the required Certificate of Liability Insurance(Exhibit B) naming the City as an Additional Insured. This agreement is effective for one year from the date on the service agreement. 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 ninety (90) days prior to contract end. 4 I. Scope of Work: Fiber Optic Cable A. lnstallation of Fiber Optic Cable (glass fiber only) 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 unless otherwise specified by City MIS project manager. 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. The City may require the installation of fiber optics cables in electrical duct banks, conduits, and vaults belonging to the City of Fort Collins Utilities. In such case, the Service Provider will coordinate with the MIS Project Manager and the Utilities’ Fiber Manager to arrange for qualified electric utility crew members to assist with the installation of the cable. For safety reasons only employees of the City of Fort Collins Utilities are allowed to work in or around the electric utility power infrastructure, regardless of whether the power lines are energized. The Utilities will make every effort to accommodate the needs and scheduling of the Service Provider . Billing arrangements will be agreed upon by all parties before the start of the project. B. Testing After fiber optic cable has been installed, terminated, and mounted in a patch panel, light source/power meter testing shall be done, with test results provided to the City. Test results 5 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. Fiber Optic Cable Requirements (Outside) Fiber Optic Cable shall be designed for use in underground outside plant environment. Cable shall be fabricated by a certified ISO 9001 manufacturer and meet or exceed the following requirements and Standards: 1. Dielectric construction using center strength member configuration. 2. Dry tape water blocked for interstitial space between buffer tubes and cable jacket. 3. Cable shall support optical fiber strands separated into water block gel filled buffer tubes. Each buffer tube shall be color-coded following the TIA 598 standard. Each buffer tube shall contain color coded fiber strands compliant with Telcordia GR0020 and the requirements of EIA/TIA-598-A Standard. 4. The cable shall be designed to function between -40 degrees Celsius to +70 degrees Celsius throughout the life expectancy of the cable. 5. Fiber shall be of a matched cladding design meeting both ITU G652 and G652.C specifications, along with the Telcordia GR-00020-core specification. 6. Mechanical and optical properties of the fiber strands shall meet or exceed those listed in table 1.0. 6 Table 1.0 – Singlemode Fiber Strand Properties Fiber Attribute Requirement Cladding Diameter 125.0 ± 1.0 µm Cladding Non-Circularity ≤ 1.0 % Colored Fiber Diameter. 250 ± 15 µm Core Diameter 8.3 µm Index of Refraction 0.33% Core/Cladding Concentricity ±0.8 µm Mode Field Diameter 9.3 ± 0.5 µm @ 1310 nm Minimum Proof Strength 100.000 psi Maximum Attenuation .40 dB/km @ 1310 nm .30 dB/km @ 1550 nm Maximum Dispersion 3.5 ps/nm-km 1285 to 1330 nm Fiber Cutoff Wavelength ≥1150 nm ≥1350 nm Fiber Macrobend (100 turns @ 32 mm dia.) ≥0.05 dB @ 1310 nm ≥0.10 dB @ 1550 nm Coating Strip Force 1.3 N ≤ F ≤ 8.9 N Dynamic Fatigue Parameter (nd) ≥ 20 Static Fatigue Parameter (ns) ≥ 20 Fiber Curl ≥ 2 meters Macrobend (1 turn, 32 mm dia.) ≤ 0.5 dB at 1550 nm Zero Dispersion Wavelength Not Applicable Dispersion Slope Not Applicable Dispersion (Absolute) 1.0 to 5.0 ps/nm-km from 1550nm to 1565nm E. Required Documentation At the completion of each cabling project the vendor must supply the Project Manager with two (2) copies of the following: 1. 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. 7 II. Scope of Work: Category 5e or better Copper 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. AT&T manufacture may be acceptable in situations involving existing infrastructure or in special cases as approved by the MIS project manager. All Cabling will be Siemons certified. 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 and list the hourly labor costs that would be charged to the City. 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. IV. Bidding Instructions Bidders are to follow the following instructions in submitting their Bids. Any Bids submitted with missing elements may be considered Non-Responsive. A. Bidders are to fill in the enclosed Parts and Labor Elements List. These are the Unit Prices that will be included in the Work Order Service Agreement in the event a Bid Award is received. Also, please indicate the percentage mark-up over your invoice cost that you are charging the City for the materials your will be supplying on each Job; in the space provided on the bottom of the Parts and Labor Elements List. B. The City has selected a series of five (5) Typical Network Jobs for the Bidder to price out, using the prices you have listed on the Parts and Labor Elements List. Bidders are 8 to fill in the blanks on the Typical Network Jobs Bid Sheet with the cost of the Item Number indicated on their List. For Labor Elements, the Bidder is to fill in both the cost of the Labor Element and the number of hours (to the nearest tenth of an hour) they estimate will be required to complete the task. For example; Typical Job #1 requires Labor Element #70. The Bidder is to fill in the cost of Labor Element #70 and the number of hours they estimate will be required to complete it. The Cost per Hour may be $20; the time required may be .1 hour ($2), .5 hour ($10), 1 hour ($20), 1.5 hours ($30), etc. The Bidder is to fill in all blanks for each Job, and compute the Job Cost for each particular Job. C. On the Sum of Typical Network Jobs Bid Sheet, fill in the cost of each of the five Typical Network Jobs; add those five together and fill in the Sum of Typical Jobs. Divide that number by 5, then fill in the Average of Typical Jobs. D. Next, multiply the Average of Typical Jobs by .90 (i.e., 90%) and fill in the Weighted Average of Typical Jobs. E. The City has selected a series of two (2) Non-Typical Network Jobs for the Bidder to price out, again using the prices you have listed on the Parts and Labor Elements List. Bidders are to fill in the blanks on the Non-Typical Network Jobs Bid Sheet with the cost of the Item Number indicated on their List. Labor Elements are to be figured the same way as explained above for the Typical Jobs. The Bidder is to fill in all blanks for both Jobs, and compute the Job Cost for both Non-Typical Jobs. F. Fill in the cost of the Non-Typical Jobs under Sum of Non-Typical Jobs Bid Sheet. Add those two together and fill in the Sum of Non-Typical Jobs. Divide that number by 2, then fill in the Average of Non-Typical Jobs. G. Next, multiply the Average of Non-Typical Jobs by .10 (i.e., 10%) and fill in the Weighted Average of Non-Typical Jobs. H. Finally, go to the Final Bid Tally Sheet. Fill in the Weighted Average of Typical Jobs and the Weighted Average of Non-Typical Jobs. Add those two figures together and fill in the total under Final Bid. I. Bidders shall include evidence of industry certifications along with resumes, including certifications, for technicians who will be used on City cable splicing jobs. The following is the text description of the five Typical Network Jobs. Use the enclosed Parts and Labor Elements List you have filled out for your Unit Costs. Use the enclosed Typical Network Jobs Bid Sheet and fill in the blanks to compute your Job Costs. 1) There are two single-gang, dual coupler station outlets in the sheetrock wall of a room. Both outlets need to be moved to a different wall, and the original outlets replaced with blank faceplates. Assume that the CAT 5e cables are of sufficient length to move and that the original Siemon faceplates and couplers can be re-used. 9 2) A set of offices are being remodeled. New station outlets are being added in the offices. The electrician will provide conduit from the ceiling to an electrical box in the wall, and the ceiling will be open during the remodel. Existing cable tray already exists from the closet to the office area. Install a total of 12 station outlets. Each outlet would consist of an angled dual coupler. Assume that the distance to each outlet would be an average of 200 feet and that CAT 6 cable will be used. A new 24-port patch panel will need to be installed in the network closet. Twelve 10’ UTP patch cords for the stations and twelve 3’ UTP patch cords for the network closet are also needed. Station outlets and patch panels need to be labeled and cable test results provided. 3) New station outlets need to be added to offices with new wooden furniture with kickplates in back that would cover access to wall outlets. Install a total of 12 station outlets. Each outlet would consist of a 2-port surface mount box attached to the wooden furniture. Assume that the distance to each outlet would be an average of 250 feet and that CAT 6 cable will be used. The cable will need to be pulled from the network closet to each office above a suspended ceiling, and the cables will need to be fished down the wall and an exit hole cut in the sheetrock. A new 48-port patch panel will need to be installed in the network closet. Twenty-four 10’ UTP patch cords for the stations and twenty-four 3’ UTP patch cords for the network closet are also needed. Station outlets and patch panels need to be labeled and cable test results provided. 4) A new building is being built. Two Chatsworth 19” 2-post universal racks need to be installed and bolted to the floor, with Chatsworth vertical cable system installed between and on each side of the racks. Twenty feet of ladder rack needs to be installed in the closet from wall to wall and attached to the racks. A total of 1000 feet of flex tray needs to be installed in the hallways radiating out from the closet, and the ceiling will be open during all cabling installation. The electrician will provide conduit from the ceiling to an electrical box at each outlet location. A total of 75 outlets with single angled dual couplers and 25 outlets with two angled dual couplers need to be installed. Assume that the distance to each outlet would be an average of 200 feet and that CAT 6 cable will be used. Six 48-port CAT 6 UTP patch panels need to be installed in the network closet in one rack. A total of twelve horizontal wire managers are needed, as well as two horizontal power strips. 250 10’ UTP patch cords for the stations and 250 3’ UTP patch cords for the network closet need to be provided. Station outlets and patch panels need to be labeled and cable test results provided. 5) A Chatsworth Cube-IT will be installed in an electrical closet. A 24-strand SM fiber cable has been pulled up through an entrance conduit in the floor to the proposed location of the Cube-IT. All 24 strands of fiber need to be terminated with SC pigtails and installed in a fiber patch panel. Four SC to LC SMF 3 meter jumper cords need to be provided. The following is the text description of the two Non-Typical Network Jobs. Use the enclosed Parts and Labor Elements List you have filled out for your Unit Costs. Use the enclosed Non- Typical Network Jobs Bid Sheet and fill in the blanks to compute your Job Costs. 1) There are four old 24-port, fully-populated, wall-mount AT&T patch panels, containing CAT 5e cables, in a closet. These cables need to be relocated to a rack on the other side of the room. Half of the cables will reach. The other half are 5 feet short and will not reach. A CAT 5e consolidation point on CAT 5e 110 blocks needs to be installed in order to extend 10 these short cables. New 24-port CAT 5e UTP patch panels need to be provided, and the cables re-routed 20 feet across the room to the rack. Twenty feet of ladder rack needs to be installed. 2) A Chatsworth Cube-IT will be installed in an electrical closet. Three hundred feet of 2” conduit needs to be installed, with a total of six 90-degree swept bends and three junction boxes, from an exterior wall to the Cube-IT. Assume this is being installed along wall and ceiling within a warehouse with 20’ ceilings. A 24-strand SM fiber cable needs to be installed from a vault immediately outside the building through the conduit into the Cube-IT. Assume that you will be providing 400’ of fiber in total. All 24 strands of fiber need to be terminated with SC pigtails and installed in a fiber patch panel. Four SC to LC SMF 3 meter jumper cords need to be provided. V. Method of Award The City of Fort Collins will sign a Work Order Service Agreement (see attached sample) with the lowest responsible and responsive bidder that meet the requirements set forth in this bid proposal. The resulting Agreement will be for a period of one year, unless sooner terminated. In addition, at the option of the City, the award may be extended for additional one-year periods, as specified in the Service Agreement with the expectation of up to a five year continuing relationship as City funding permits. Each year any 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 quoted for one year 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. VI. Work Order Initiation The awarded Service Provider 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 Parts and Labor Elements List, which will become part of the signed Service Agreement. The Service Provider 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 other providers to provide the service. A Work Order form shall be completed and signed for each job, in accordance with the Work Order Service Agreement. Service Provider’s inability to quote on a specific job will not affect their status as the awarded vendor for subsequent cabling jobs. VII. Special Conditions and Instructions The City of Fort Collins reserves the right, based on the Service Provider’s subsequent performance, to terminate any awarded Work Order Service Agreement after written notice of any infractions is given and corrective actions are not satisfactory, or for misrepresentation of the claims stated in his/her bid. Please complete and return all five Bid Sheets: (Parts and Labor Elements List, Typical Network Jobs Bid Sheet, Sum of Typical Network Jobs Bid Sheet, Non-Typical Network Jobs Bid Sheet, Final Bid Tally Sheet). If you have any questions on Bidding Process, contact Ed Bonnette, C.P.M., CPPB, Buyer, Purchasing Office, at 970-416-2247 or e-mail at ebonnette@fcgov.com . For technical questions call Quentin Antrim, MIS, 970-218-3057 or e-mail at qantrim@fcgov.com ; or Hillary Koontz, MIS, 970-416-2421 or hkoontz@fcgov.com . 11 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 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 . 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 ( )page(s) 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 work order shall exceed $ . 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. 12 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 {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 90 days prior to contract end. 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 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. 13 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: City Service Provider City of Fort Collins Attn: PO Box 580 Fort Collins, CO 80522 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. 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 two (2) page[s], 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 14 and materials, and other costs incurred in connection with the performance of such work. 9. Liquidated Damages. OWNER and CONTRCTOR recognize that time is of the essence of this Agreement and that OWNER will suffer financial loss if the Work is not completed within the times specified in the work order, plus any extensions thereof allowed in accordance with Article 12 of the General conditions. They also recognize the delays, expenses and difficulties involved in proving in a legal proceeding the actual loss suffered by OWNER if the Work is not completed on time. Accordingly instead of requiring any such proof, OWNER and CONTRACTOR agree that as liquidated damages for delay (but not as penalty) CONTRACTOR shall pay OWNER the amount set forth in each Work Order. 10. 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. 11. 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. 12. 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. 13. 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. 15 14. 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. 15. 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. 16. 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- 16 defaulting party for the non-defaulting party's reasonable attorney fees and costs incurred because of the default. 17. 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. 18. 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 ( ) page[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. 19. 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. 17 20. 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. 21. Prohibition Against Employing Illegal Aliens. Pursuant to Section 8-17.5-101, C.R.S., et. seq., Service Provider represents and agrees that: a. As of the date of this Agreement: 1. Service Provider does not knowingly employ or contract with an illegal alien who will perform work under this Agreement; and 2. Service Provider will participate in either the e-Verify program created in Public Law 208, 104th Congress, as amended, and expanded in Public Law 156, 108th Congress, as amended, administered by the United States Department of Homeland Security (the “e-Verify Program”) or the Department Program (the “Department Program”), an employment verification program established pursuant to Section 8-17.5-102(5)(c) C.R.S. in order to confirm the employment eligibility of all newly hired employees to perform work under this Agreement. b. Service Provider shall not knowingly employ or contract with an illegal alien to perform work under this Agreement or knowingly enter into a contract with a subcontractor that knowingly employs or contracts with an illegal alien to perform work under this Agreement. c. Service Provider is prohibited from using the e-Verify Program or Department Program procedures to undertake pre-employment screening of job applicants while this Agreement is being performed. d. If Service Provider obtains actual knowledge that a subcontractor performing work under this Agreement knowingly employs or contracts with an illegal alien, Service Provider shall: 1. Notify such subcontractor and the City within three days that Service Provider has actual knowledge that the subcontractor is employing or contracting with an 18 illegal alien; and 2. Terminate the subcontract with the subcontractor if within three days of receiving the notice required pursuant to this section the subcontractor does not cease employing or contracting with the illegal alien; except that Service Provider shall not terminate the contract with the subcontractor if during such three days the subcontractor provides information to establish that the subcontractor has not knowingly employed or contracted with an illegal alien. e. Service Provider shall comply with any reasonable request by the Colorado Department of Labor and Employment (the “Department”) made in the course of an investigation that the Department undertakes or is undertaking pursuant to the authority established in Subsection 8-17.5-102 (5), C.R.S. f. If Service Provider violates any provision of this Agreement pertaining to the duties imposed by Subsection 8-17.5-102, C.R.S. the City may terminate this Agreement. If this Agreement is so terminated, Service Provider shall be liable for actual and consequential damages to the City arising out of Service Provider’s violation of Subsection 8-17.5-102, C.R.S. g. The City will notify the Office of the Secretary of State if Service Provider violates this provision of this Agreement and the City terminates the Agreement for such breach. 22. 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. 19 CITY OF FORT COLLINS, COLORADO a municipal corporation By: __________________________________ James B. O'Neill II, CPPO Director of Purchasing and Risk Management Date:_________________________________ ATTEST: ____________________________ City Clerk APPROVED AS TO FORM: ____________________________ Assistant City Attorney [INSERT CORPORATIONS NAME] or [Insert Partnership name] or [Insert individual's name] Doing business as [Insert name of business] By:____________________________________ _______________________________________ Print Name Title____________________________________ Corporate President or Vice President Date: _______________________________ ATTEST (Corporate Seal) _____________________________ Corporate Secretary 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: ____________________________________________________________________________ User Acceptance ______________________ Professional agrees to perform the services identified above and on the attached forms in accordance with the terms and conditions contained herein and in the Professional Services Agreement between the parties. In the event of a conflict between or ambiguity in the terms of the Professional Services Agreement and this work order (including the attached forms) the Professional Services Agreement shall control. Professional By:________________________________ Date:_______________________________ 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:_______________________________ By: ________________________________ Director of Purchasing and Risk Management (over $60,000.00) 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 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.