HomeMy WebLinkAbout125038 H & H DATA SERVICES INC - CONTRACT - BID - 7007 CABLING INSTALLATIONSERVICES AGREEMENT
WORK ORDER TYPE
THIS AGREEMENT made and entered into the day and year set forth below, by and between
THE CITY OF FORT COLLINS, COLORADO, a Municipal Corporation, hereinafter referred to
as the "City" and H&H Data Services, Inc. hereinafter referred to as "Service Provider".
WITNESSETH:
In consideration of the mutual covenants and obligations herein expressed, it is agreed by and
between the parties hereto as follows:
1. Services to be Performed.
a. This Agreement shall constitute the basic agreement between the parties for
services for Fiber -Optic and Copper Cabling Installation. 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 work order shall exceed $60,000 unless signed by Director of Purchasing and Risk
Management. 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.
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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:
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
Fiber -Optic and Copper Cabling Parts & Labor Elements List
Parts
H&H
Item #
Description
rice per
Unit
1
ST to ST MMF jumper cord 1 meter
$11.47
2
ST to ST MMF jumper cord 3 meter
$13.94
3
ST to LC MMF jumper cord 1 meter
$17.53
4
ST to LC MMF jumper cord 3 meter
$19.71
5
SC to LC SMF jumper cord 1 meter
$20.29
6
SC to LC SMF jumper cord 3 meter
$22.29
7
ST to LC SMF jumper cord 1 meter
$18.76
8
ST to LC SMF jumper cord 3 meter
$21.41
9
Siemon SC SMF simplex buffered fiber connector
$6.65
10
Siemon SC SMF simplex buffered fiber pigtail
$16.65
11
FiberConn AP-VCCGOB 12 Panel SC SMF bulkhead
$33.71
12
FiberConn RAC-2X-EXT 2U Fiber enclosure
$195.00
13
24-strand MMF outside plant grade (per foot)
$2.30
14
24-strand SMF outside plant grade (per. foot)
$0.45
15
48-strand SMF outside plant grade (per foot)
$0.76
16
1-inch PVC conduit (per foot)
$0.18
17
2-inch PVC conduit (per foot)
$0.38
18
4-inch PVC conduit (per foot)
$1.14
19
90-degree 4" conduit 2-port junction box
$118.00
20
90-degree 2" conduit 2-port junction box
$53.00
21
Innerduct (per foot)
$0.64
22
Pull Tape (per foot)
$0.25
23
Tracer Wire (per foot)
$0.14
24
Siemon-certified CAT 5e plenum -rated UTP cable (per foot)
$0.19
25
Siemon-certified CAT 6 plenum -rated UTP cable (per foot)
$0.43
26
Siemon CAT 5e 24-port 19" rack -mount UTP patch panel
$126.50
27
Siemon CAT 6 24-port 19" rack -mount UTP patch panel
$157.00
28
Siemon CAT 5e 48-port 19" rack -mount UTP patch panel
$253.00
29
Siemon CAT 6 48-port 19" rack -mount UTP patch panel
$313.00
30
Siemon 110 block field termination kits - wall mount
$29.12
31
Siemon 110 block field termination kits - rack mount
$54.41
32
Chatsworth 84" x 19" 2-post universal rack
$134.00
33
Chatsworth 84" x 19" M-series cabinet M1030-712
$2,319.00
34
Chatsworth ladder rack 12-inch wide (per foot)
$8.12
35
Flextray 12' VI/x2"DX10'L
$7.00
36
Chatsworth Cube -IT 24" high 11900-724
$571.00
37
Chatsworth vertical cable system 11730-703
$281.00
38
Siemon MX-SM2-02 2-port surface mount box
$3.29
39
Siemon MX-SM4-02 4-port surface mount box
$4.65
40
Siemon single -gang faceplate for one coupler CT2-FP-02
$2.88
41
Siemon single -gang faceplate for two couplers CT4-FP-02
$2.65
42
Siemon CAT6 UTP angled single coupler CT-C6-02
$8.00
43
Siemon CAT6 UTP angled dual coupler CT-C6-C6-02
$13.85
44
Siemon CAT5e UTP angled single coupler CT-05-02
$6.25
45
Siemon CAT5e UTP angled dual coupler CT-05-05-02
$12.00
46
Siemon white CAT 5e UTP patch cord - 3 foot
$3.47
47
Siemon white CAT 6 UTP patch cord - 3 foot
$7.71
48
Siemon white CAT 5e UTP patch cord - 5 foot
$4.00
49
Siemon white CAT 6 UTP patch cord - 5 foot
$8.29
50
Siemon white CAT 5e UTP patch cord - 10 foot
$5.29
51
Siemon white CAT 6 UTP patch cord - 10 foot
$9.88
52
Siemon white CAT 5e UTP patch cord - 25 foot
$10.53
53
Siemon white CAT 6 UTP patch cord - 25 foot
$15.88
54
15-amp horizontal 19" rack -mount power strip
$88.25
55
Siemon VCM 25-06-01 hook -and -loop cable management
$16.47
56
Siemon WM-143-5 horizontal cable manager
$31.65
57
Siemon W M-144-5 horizontal cable manager
$38.00
58
Blank single -gang faceplate
$2.00
59
1-inch metal conduit (per foot)
$0.67
60
2-inch metal conduit (per foot)
$1.53
61
4-inch metal conduit (per foot)
$4.61
Labor
Item #
Description
rice per
Unit
62
Installing exterior conduit - labor (per hour)
$32.00
63
Pulling innerduct, trace wire and fiber cable - labor (per hour)
$32.00
64
Splicing fiber - labor (per hour)
$32.00
65
Terminating fiber -labor (per hour)
$32.00
66
Installing interior conduit - labor (per hour)
$32.00
67
Installing 2-post rack - labor (per hour)
$32.00
68
Installing ladder rack — labor (per hour)
$32.00
69
Installing Cube -IT — labor (per hour)
$32.00
70
Installing CAT 5e UTP cable — labor (per hour)
$32.00
71
Installing CAT 6 UTP cable - labor (per hour)
$32.00
72
Terminating CAT 5e UTP cable - labor (per hour)
$32.00
73
Terminating CAT 6 UTP cable - labor (per hour)
$32.00
74
Installing Flex Tray - labor (per hour)
$32.00
Bidder: Please indicate the percentage Mark -Up over your Material
Cost
that is represented by the Material Prices Bid: 1 1
15.000io
EXHIBIT C
SCOPE OF WORK
I. Scope of Work: Fiber Optic Cable
A. Installation 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 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 G652.0 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.
Table 1.0 — Sin lemode Fiber Strand Properties
Fiber,Attribute �. � .. r R6 u ement�
Cladding Diameter
125.0 ± 1.0 m
Cladding Non -Circularity
< 1.0 %
Colored Fiber Diameter.
250 ± 15 prn
Core Diameter
8.3 prn
Index of Refraction
0.33%
Core/Cladding Concentricity
±0.8 pirn
Mode Field Diameter
9.3 ± 0.5 prn @ 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:
Computer diskette copies of OTDR test results. Diskette copies
must be in a format approved by the Project Manager. Test strips
and power meter records shall be labeled by strand number and
the color which identifies the strand within the sheath.
2. Diagram of completed cable installation, detailing cable coils,
splice points and vaults.
II. Scope of Work: Category 5e or better 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.
Ill. Repair
Service Provider 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.
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.
2. Changes in the Work. The City reserves the right to independently bid any
services rather than issuing work to the Service Provider pursuant to this Agreement. Nothing
within this Agreement shall obligate the City to have any particular service performed by the
Service Provider.
3. Time of Commencement and Completion of Services The services to be
performed pursuant to this Agreement shall be initiated as specified by each written Work Order
or oral emergency service request. Oral emergency service requests will be acted upon without
waiting for a written Work Order. Time is of the essence.
4. Contract Period. This Agreement shall commence March 1, 2009 and shall
continue in full force and effect until February 28, 2010, 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. 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.
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
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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 H&H Data Services, Inc.
Attn: Purchasing Attn: Joseph M. Hehn, Vice President
PO Box 580 1310 Webster Avenue
Fort Collins, CO 80522 Fort Collins, CO 80524
In the event of early termination by the City, the Service Provider shall be paid for services
rendered to the termination date, subject only to the satisfactory performance of the Service
Provider's obligations under this Agreement. Such payment shall be the Service Provider's sole
right and remedy for such termination.
7. Contract Sum. This is an open-end indefinite quantity. Agreement with no fixed
price. The actual amount of work to be performed will be stated on the individual Work Orders.
The City makes no guarantee as to the number of Work Orders that may be issued or the actual
amount of services which will in fact be requested.
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 Fiber -Optic and Copper Cabling Parts & Labor Elements List,
attached hereto as Exhibit "B", consisting of three (3) pages, and incorporated herein by this
reference.
b. Payment shall be made by the City only upon acceptance of the work by the City
and .upon the Service Provider furnishing satisfactory evidence of payment of all wages, taxes,
supplies and materials, and other costs incurred in connection with the performance of such
work.
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9. Liquidated Damages. CITY and CONTRACTOR recognize that time is of the
essence of this Agreement and that the CITY 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 the CITY if
the Work is not completed on time. Accordingly instead of requiring any such proof, the CITY
and SERVICE PROVIDER agree that as liquidated damages for delay (but not as penalty)
SERVICE PROVIDER shall pay the CITY 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.
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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
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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.
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 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, 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
1.1
representations not contained in this Agreement shall not be binding on the parties.
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
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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 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. Special provisions or conditions relating to the services to be
performed pursuant to this Agreement are set forth in "Exhibit C" SCOPE OF WORK, consisting
of four (4) pages, attached hereto and incorporated herein by this reference.
K
ATTEST
ate ecretary
CITY OF FORT COLLINS, COLORADO
a municipal corporation
By:
Ja es B. O'Neill II, CPPO
Direc f Purchasing and Risk Management
Date: (�
H&H Data S ices, Inc.
By:
s eph M. Hehn
Print Name
Title Vice President
Corporate President or Vice President
Date: 6
(Corporate Seal)
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