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HomeMy WebLinkAbout357372 MSI ENTERPRISES INC - CONTRACT - BID - 9033 METER BOX INSTALLATIONOfficial Purchasing Document Last updated 10/2017 Service Agreement – Work Order Type - Utilities 9033 Meter Box Installation Page 1 of 20 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 MSI ENTERPRISES, 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 9033 Meter Box 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 two (2) pages 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. A general scope of services is attached hereto as Exhibit C, consisting of five (5) pages, and incorporated herein by this reference. 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. Irrespective of references in Exhibit A to certain named third parties, Service Provider shall be solely responsible for performance of all duties hereunder. b. The City may, at any time during the term of a particular Work Order and without invalidating such Work Order, make changes to the scope of the particular services. Such changes shall be agreed upon in writing by the parties by Change Order, a sample of which is attached hereto as Exhibit B, consisting of one (1) page and incorporated herein by this reference. 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. Contract Period. This Agreement shall commence November 12, 2019 and shall continue in full force and effect until November 11, 2020, unless sooner terminated as herein provided. In addition, at the option of the City, the Agreement may be extended for additional DocuSign Envelope ID: 8B808F43-9EC4-45CE-B25B-DD8C44553DFC Official Purchasing Document Last updated 10/2017 Service Agreement – Work Order Type - Utilities 9033 Meter Box Installation Page 2 of 20 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. Written notice of renewal shall be provided to the Service Provider and mailed no later than thirty (30) days prior to contract end. 4. 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. 5. 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: Service Provider: City: Copy to: MSI Enterprises, Inc. Attn: Matt Iverson 1600 Harris Drive Fort Collins, CO 80524 City of Fort Collins Attn: Wes Watkinson PO Box 580 Fort Collins, CO 80522 City of Fort Collins Attn: Purchasing Dept. 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. 6. 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. 7. 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, attached hereto as Exhibit D, consisting of three (3) pages, and incorporated herein by this reference. Payment shall be made by the City Net 30 days from the date of the invoice and 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. DocuSign Envelope ID: 8B808F43-9EC4-45CE-B25B-DD8C44553DFC Official Purchasing Document Last updated 10/2017 Service Agreement – Work Order Type - Utilities 9033 Meter Box Installation Page 3 of 20 8. Liquidated Damages. OWNER and CONTRACTOR 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. 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. 9. City Representative. The City's representative will be shown on the specific Work Order and shall make, within the scope of his or her authority, all necessary and proper decisions with reference to the work requested. All requests concerning this Agreement shall be directed to the City Representative. 10. Independent Contractor. It is agreed that in the performance of any services 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 extent that the work shall be done in accordance with the terms, plans and specifications furnished by the City. 11. Subcontractors. Service Provider may not subcontract any of the Work set forth in the Exhibit A, Statement of Work without the prior written consent of the city, which shall not be unreasonably withheld. If any of the Work is subcontracted hereunder (with the consent of the City), then the following provisions shall apply: (a) the subcontractor must be a reputable, qualified firm with an established record of successful performance in its respective trade performing identical or substantially similar work, (b) the subcontractor will be required to comply with all applicable terms of this Agreement, (c) the subcontract will not create any contractual relationship between any such subcontractor and the City, nor will it obligate the City to pay or see to the payment of any subcontractor, and (d) the work of the subcontractor will be subject to inspection by the City to the same extent as the work of the Service Provider. 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. 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. DocuSign Envelope ID: 8B808F43-9EC4-45CE-B25B-DD8C44553DFC Official Purchasing Document Last updated 10/2017 Service Agreement – Work Order Type - Utilities 9033 Meter Box Installation Page 4 of 20 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-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 E, consisting of one (1) page, attached hereto and incorporated herein by this reference. The Service DocuSign Envelope ID: 8B808F43-9EC4-45CE-B25B-DD8C44553DFC Official Purchasing Document Last updated 10/2017 Service Agreement – Work Order Type - Utilities 9033 Meter Box Installation Page 5 of 20 Provider before commencing services hereunder shall deliver to the City's Purchasing Director, 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. 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 Unlawful Discrimination. The City of Fort Collins, in accordance with the provisions of Title VI of the Civil Rights Act of 1964 (78 Stat. 252, 42 US.C. §§ 2000d to 2000d-4) and the Regulations, hereby notifies all bidders that it will affirmatively ensure that any contract entered into pursuant to this advertisement, disadvantaged business enterprises will be afforded full and fair opportunity to submit bids in response to this invitation and will not be discriminated against on the grounds of race, color, or national origin in consideration for an award. The City strictly prohibits unlawful discrimination based on an individual’s gender (regardless of gender identity or gender expression), race, color, religion, creed, national origin, ancestry, age 40 years or older, marital status, disability, sexual orientation, genetic information, or other characteristics protected by law. For the purpose of this policy “sexual orientation” means a person’s actual or perceived orientation toward heterosexuality, homosexuality, and bisexuality. The City also strictly prohibits unlawful harassment in the workplace, including sexual harassment. Further, the City strictly prohibits unlawful retaliation against a person who engages in protected activity. Protected activity includes an employee complaining that he or she has been discriminated against in violation of the above policy or participating in an employment discrimination proceeding. The City requires its vendors to comply with the City’s policy for equal employment opportunity and to prohibit unlawful discrimination, harassment and retaliation. This requirement applies to all third-party vendors and their subcontractors at every tier. 22. 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 DocuSign Envelope ID: 8B808F43-9EC4-45CE-B25B-DD8C44553DFC Official Purchasing Document Last updated 10/2017 Service Agreement – Work Order Type - Utilities 9033 Meter Box Installation Page 6 of 20 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 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. 23. Dust Control. The Service Provider shall abide by the City of Fort Collins “Dust Control and Prevention Manual,” which is available for public download at https://www.fcgov.com/airquality/pdf/dust-prevention-and-control-manual.pdf, and is incorporated herein by this reference. The City of Fort Collins has implemented this manual for all projects performed for the City of Fort Collins or located within the City of Fort Collins City limits. DocuSign Envelope ID: 8B808F43-9EC4-45CE-B25B-DD8C44553DFC Official Purchasing Document Last updated 10/2017 Service Agreement – Work Order Type - Utilities 9033 Meter Box Installation Page 7 of 20 24. Haul Routes. All trucks used for work contracted by the City utilizing asphalt from the asphalt plant located at 1800 North Taft Hill Road may only enter North Taft Hill Road from the North using CR 54 G and only exit the site on North Taft Hill Road to the North to CR 54G. 25. Special Provisions. Special provisions or conditions relating to the services to be performed pursuant to this Agreement are set forth in Exhibit F - Confidentiality consisting of one (1) page, attached hereto and incorporated herein by this reference. THE CITY OF FORT COLLINS, COLORADO By: Gerry Paul Purchasing Director DATE: ATTEST: APPROVED AS TO FORM: MSI ENTERPRISES, INC. By: Printed: Title: CORPORATE PRESIDENT OR VICE PRESIDENT Date: DocuSign Envelope ID: 8B808F43-9EC4-45CE-B25B-DD8C44553DFC 12/3/2019 president Matt Iverson Assistant City Attorney ll 12/9/2019 City Clerk Official Purchasing Document Last updated 10/2017 Service Agreement – Work Order Type - Utilities 9033 Meter Box Installation Page 8 of 20 EXHIBIT A WORK ORDER FORM PURSUANT TO A MASTER AGREEMENT BETWEEN THE CITY OF FORT COLLINS AND MSI ENTERPRISES, INC. WORK ORDER NUMBER: PM's Tracking # PROJECT TITLE: ORIGINAL BID/RFP NUMBER & NAME: MASTER AGREEMENT EFFECTIVE DATE: November 12, 2019 ARCHITECT/ENGINEER: If using a 3rd party architect/engineer or City PM/Engineer OWNER’S REPRESENTATIVE: City PM WORK ORDER COMMENCEMENT DATE: WORK ORDER COMPLETION DATE: MAXIMUM FEE: (time and reimbursable direct costs): PROJECT DESCRIPTION/SCOPE OF SERVICES: Service Provider agrees to perform the services identified above and on the attached forms in accordance with the terms and conditions contained herein and in the Master Agreement between the parties. In the event of a conflict between or ambiguity in the terms of the Master Agreement and this Work Order (including the attached forms) the Master Agreement shall control. The attached forms consisting of ( ) pages are hereby accepted and incorporated herein, by this reference, and Notice to Proceed is hereby given after all parties have signed this document. SERVICE PROVIDER: MSI Enterprises, Inc. By: Date: Name: Title: DocuSign Envelope ID: 8B808F43-9EC4-45CE-B25B-DD8C44553DFC Official Purchasing Document Last updated 10/2017 Service Agreement – Work Order Type - Utilities 9033 Meter Box Installation Page 9 of 20 OWNER’S ACCEPTANCE & EXECUTION: This Work Order and the attached Contract Documents are hereby accepted and incorporated herein by this reference. ACCEPTANCE: Date: Name, Project Manager REVIEWED: Date: Name, Buyer or Senior Buyer APPROVED AS TO FORM: Date: Name,City Attorney's Title (if greater than $1,000,000) ACCEPTANCE: Date: Name, Title ACCEPTANCE: Date: Name, Title ACCEPTANCE: Date: Kevin Gertig, Utilities Executive Director (if greater than $1,000,000) ACCEPTANCE: Date: Gerry Paul, Purchasing Director (if greater than $60,000) ACCEPTANCE: Date: Darin Atteberry, City Manager (if greater than $1,000,000) ATTEST: Date: City Clerk (if greater than $1,000,000) DocuSign Envelope ID: 8B808F43-9EC4-45CE-B25B-DD8C44553DFC Official Purchasing Document Last updated 10/2017 Service Agreement – Work Order Type - Utilities 9033 Meter Box Installation Page 10 of 20 EXHIBIT B CHANGE ORDER NO. PROJECT TITLE: SERVICE PROVIDER: MSI Enterprises, Inc. WORK ORDER NUMBER: PO NUMBER: DESCRIPTION: 1. Reason for Change: Why is the change required? 2. Description of Change: Provide details of the changes to the Work 3. Change in Work Order Price: 4. Change in Work Order Time: ORIGINAL WORK ORDER PRICE $ .00 TOTAL APPROVED CHANGE ORDER .00 TOTAL PENDING CHANGE ORDER .00 TOTAL THIS CHANGE ORDER .00 TOTAL % OF THIS CHANGE ORDER % TOTAL C.O.% OF ORIGINAL WORK ORDER % ADJUSTED WORK ORDER COST $ .00 SERVICE PROVIDER: MSI Enterprises, Inc. By: Date: Name: Title: ACCEPTANCE: Date: Name, Project Manager REVIEWED: Date: Name, Buyer or Senior Buyer ACCEPTANCE: Date: Name, Title ACCEPTANCE: Date: Gerry Paul, Purchasing Director (if greater than $60,000) DocuSign Envelope ID: 8B808F43-9EC4-45CE-B25B-DD8C44553DFC Official Purchasing Document Last updated 10/2017 Service Agreement – Work Order Type - Utilities 9033 Meter Box Installation Page 11 of 20 EXHIBIT C GENERAL SCOPE OF SERVICES 1. MATERIALS: The City of Fort Collins will furnish all meters, meter setters, idlers, connection couplings, meter box, cast iron recessed lid with worm lock, rubber or plastic inner lid, and all type “K” copper pipe as necessary to complete the installation at no cost to the Service Provider. All other material shall be furnished by the Service Provider in accordance with the City of Fort Collins current Development Construction Standards. 2. INSTALLATION/REPAIR: The Service Provider shall install all piping, fittings, meter box complete, meter setter and meter. Where Service Provider encounters galvanized service pipe, the Service Provider shall leave a 6-inch sample of the service line for customer’s inspection. The 6-inch sample shall also be submitted to the Engineer tagged with the address, Service Provider’s name, and date. All work shall comply with drawings 16-B, 11, 15 (Service Line for Duplex), 16-A, and 15 (Standard Exterior Setting). The Service Provider will be responsible for removing all landscaping, asphalt, concrete, etc., to facilitate the installation. The Service Provider will be responsible for backfilling the excavated area, compaction of all excavated holes and trenches, and restoration of all disturbed landscaping to original, or better, condition. Compaction will be warranted by the Service Provider through the contract specified warranty period. Any settling or trench failure will be corrected within twenty-four (24) hours. Damage to any surface supported by a failed trench will be repaired at the Service Provider’s expense. If concrete removal is necessary to complete the meter box installation, the Service Provider will subsequently repair the affected area with an approved temporary cold patch sufficient to support light vehicular and foot traffic until permanent repairs are made. The City will assume responsibility for making permanent repairs to these areas at a later date. It is the Water Utilities’ preference that excavation and backfill for meter box installations be performed by hand. However, the use of machinery is acceptable provided that any area affected by machinery is restored to original, or better, condition. It is the Service Provider’s responsibility to locate and protect existing utilities. If a utility is damaged during Service Provider’s Work, the Service Provider shall contact the appropriate Utility company immediately for repair. Notification to the City Project Manager shall be provided immediately thereafter. The Service Provider shall pay all costs for such repair. Since meter box installations continue through the winter months, the Service Provider will, at times, be required to work in somewhat less than favorable soil conditions. Should the schedule dictate working in areas of ground frost, the Service Provider must be capable of removing frozen soil and will be required to remove up to 10 inches of such soil to facilitate the meter box installation at no extra charge. No frozen soil will be used for backfill. All excavated frozen soil will be stockpiled at a designated City facility or properly disposed of by Service Provider. DocuSign Envelope ID: 8B808F43-9EC4-45CE-B25B-DD8C44553DFC Official Purchasing Document Last updated 10/2017 Service Agreement – Work Order Type - Utilities 9033 Meter Box Installation Page 12 of 20 Any sod replacement postponed through the winter will be replaced by the Service Provider, at his expense, according to the Water Utilities’ schedule, no later than May 1st of the following season. If, after the meter is installed, the meter continues to run with all water turned off, the Service Provider will assist the Water Utilities customer in discovering the leak. (Limited to a visual inspection only – fixtures, access valves, hose bibs, etc.) The Service Provider will report his findings to the Project Manager or Inspector and will not be responsible for repairing any leaks that are not a direct result of work performed by Service Provider. The Service Provider may repair a leak with authorization from the City Project Manager. A service line entering a meter box must be within a depth of 54 to 66 inches to meet the correct installation requirements. The Service Provider will loop the service line up or down to meet the required installation elevations at no extra charge. In any installation, the Service Provider will be responsible to a depth of 72 (seventy-two) inches of excavation before any extra money is paid for the “deep hole”. If the installation requires that an electronic location be made on the service line, the Water Utility will provide such location, and the Service Provider will be responsible for excavation to the required depth plus 24 (twenty-four) inches either side of the location mark. 3. INSPECTIONS: Inspections will be performed by the City of Fort Collins Water Utilities Department, Meter Shop. Inspection of the meter box is required before the excavated area is backfilled. The Water Utilities Department will perform the final inspection approximately 1 (one) week after installation. 4. WARRANTY: The Service Provider shall be responsible for a period of two (2) years following the final acceptance of each item of work performed under this contract for the satisfactory repair or replacement of all work or material which becomes defective, during this period, as a direct or indirect result of faulty workmanship. SPECIAL CONDITIONS 1. INVOICING AND PAYMENT: Invoices should be emailed monthly to invoices@fcgov.com with a copy to the Project Manager. The cost of the work completed shall be paid to the Vendor each month following the submittal of a correct invoice by the Vendor indicating the project name, Purchase Order number, task description, hours worked, personnel/work type category, hourly rate for each employee/work type category, date of the work performed specific to the task, percentage of that work that has been completed by task, 3rd party supporting documentation with the same detail and a brief progress report. Payments will be made using the prices listed on the agreed-to Price Schedule. In the event a service is requested which is not listed on the Price Schedule, the Vendor and the City will negotiate an appropriate unit price for the service prior to Consultant initiating such work. The City pays invoices on Net 30 terms. DocuSign Envelope ID: 8B808F43-9EC4-45CE-B25B-DD8C44553DFC Official Purchasing Document Last updated 10/2017 Service Agreement – Work Order Type - Utilities 9033 Meter Box Installation Page 13 of 20 2. WORK SCHEDULES: No work shall be done between 6:00 p.m. and 7:00 a.m., nor on Sunday or Legal Holidays without permission of the homeowner/occupant, except emergency work. No service shall be interrupted before 8:00 a.m. or after 5:00 p.m. without prior permission of homeowner/occupant. ALL work will be scheduled through the City of Fort Collins Water Utilities, Meter Shop. 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 from the award of this contract. Service Provider shall respond to initial City request for a new work order within 24 hours. Service Provider shall begin work within forty-eight (48) hours of a signed Notice to Proceed. Completion of Work on individual meter box installations shall be within 5 days from commencement of work at that particular location. Service Provider shall provide emergency or urgently requested services within 2 (two) hours of request. Service Provider will give homeowner/occupant a minimum of 24 hours’ notice prior to beginning any work. The Service Provider shall attempt to contact the homeowner or resident at the property immediately prior to commencing work, to explain the nature and schedule of the work to be performed. 3. PROTECTION OF WORK: The Service Provider shall, at his own expense: a. Provide and maintain proper protection to all finished work, any unfinished work, and to all material and equipment, including but not limited to that furnished to him by the City from the time it is delivered to him during the entire progress of the work, and be responsible for and make good any injury to same and shall protect exterior surfaces against any defacement which would detract from their good appearance. b. Clean up the job site at the end of each day and upon completion of the work, make good all damage, leaving the site in a clean and orderly condition, restoring the site to original or better condition. Haul away all debris or excess material remaining as an end product at job completion. 4. NON-ASSIGNABILITY: Within three (3) days after award, the Service Provider shall submit to the City of Fort Collins Water Utilities Department a list of all subcontractors proposed for the work. The City reserves the right to deny the use of any subcontractor that it deems to be incapable of properly performing the work. No changes of the subcontractor list will be allowed without written consent of the City of Fort Collins Water Utilities Department. If the Service Provider should sublet any part of this contract, the Service Provider shall be as fully responsible to the City for acts and omissions of a subcontractor, and of persons either directly or indirectly employed by his subcontractor, as he is for the acts and omissions of persons directly employed by him. 5. LANGUAGE REQUIREMENT: The Service Provider shall have a person at each job site while work is being performed who is able to speak English. DocuSign Envelope ID: 8B808F43-9EC4-45CE-B25B-DD8C44553DFC Official Purchasing Document Last updated 10/2017 Service Agreement – Work Order Type - Utilities 9033 Meter Box Installation Page 14 of 20 6. SAFETY: The Service Provider shall be responsible for maintaining safe conditions in the various work areas at all times. Barricades and warning devices shall be installed where required or if requested by the Engineer. Service Provider(s) shall comply with all engineering, safety, and operating requirements concerning installation or repair of equipment in, on or around utility facilities; obtaining access facilities; and adhering to operating rules and requirements involving safe contact with utility equipment and water, gas and power lines, and confined spaces. Service Provider(s) shall adopt Utility's minimum safety standards as the baseline requirements. 7. CHARACTER OF WORKERS: The Service Provider shall employ only competent, skillful workers to do the work. Whenever any worker shall appear to be incompetent or to act in a disorderly or improper manner, such persons shall be removed from the work upon request of the City of Fort Collins Water Utilities Department. Workers shall be courteous and responsible when dealing with homeowners. 8. MINIMUM COMPLETION: The Service Provider must be able to complete as many as three (3) meter box installations per day, or; a minimum of fifteen (15) meter box installations per week, as may be determined by scheduling generated through the project manager. 9. WRITTEN ESTIMATES: This agreement also allows for the installation of water meter pits designed for 1 ½ inch and 2-inch meters (See specs detail #9). The contract in its entirety will apply to these installations except that the Service Provider shall submit written estimates for each pit installation on a case by case basis. 10. CUSTOMER SERVICE: Services outlined in this agreement are provided to City customers through the City of Fort Collins Water Utility and the Utility has certain expectations as to the successful fulfillment of this contract: a. The Service Provider will maintain a high standard of quality in his workmanship as determined by specifications, regulations, requirements and procedures incorporated in these documents. b. Any interaction between the Service Provider and City of Fort Collins Water Utility customer, concerning a meter installation, will be handled in a positive and respectful manner. c. Process and outcome will meet the valid expectations of both the homeowner and the Water Utility. 11. UTILITIES a. Service Provider is responsible for furnishing all power necessary for construction and shall make arrangements with homeowner as to the amount of water required and time water is needed. b. Service Provider is responsible for furnishing and maintaining sanitary facilities at job site. 12. WASTE The City encourages recycling waste when practical. All waste will be disposed of according to all local, state and federal regulations. Service Providers are to provide a description of how they propose to dispose of the construction waste. Waste disposal cost shall be included in the per unit pricing. DocuSign Envelope ID: 8B808F43-9EC4-45CE-B25B-DD8C44553DFC Official Purchasing Document Last updated 10/2017 Service Agreement – Work Order Type - Utilities 9033 Meter Box Installation Page 15 of 20 13. FEES, LICENSES, PERMITS The successful Service Provider(s) shall be responsible for obtaining any necessary licenses, fees or permits, utility locates, traffic plans (ie. right of way excavation, traffic control, engineering, parking), without additional expense to the City. All equipment shall be properly licensed and insured, carry the appropriate permits and be placarded as required by law. DocuSign Envelope ID: 8B808F43-9EC4-45CE-B25B-DD8C44553DFC Official Purchasing Document Last updated 10/2017 Service Agreement – Work Order Type - Utilities 9033 Meter Box Installation Page 16 of 20 EXHIBIT D BID SCHEDULE Vendor Name: MSI ENTERPRISES, INC. We hereby enter our bid for the City of Fort Collins’ requirements for METER BOX INSTALLATION, per the bid invitation and any referenced specifications. The following prices shall include but are not limited to all labor, equipment, materials, rentals, fuel, safety, transportation, shoring, removal, dewatering, overhead, profit, insurance, etc. needed to perform all work as one contract, all in accordance with the plans, specifications, and other documents for the installation of standard meter boxes or meter pits to be added to existing water service lines at various locations throughout the City. 1. Excavation for meter box installation up to 4’W x 5’L x 6’D. (Includes removing existing meter box in same hole, back fill, compaction and site restoration, may include removing existing meter box in same excavation; does not include plumbing or setting a meter box to grade.) $1,625 2. Oversized excavation for two-meter box installations up to 4’W x 7’L x 6’D. (Includes back fill, compaction and site restoration, may include removing existing meter box in same excavation; does not include plumbing or setting a meter box to grade.) $1,825 3. Plumb and set a meter box to grade. (Does not include excavation or backfill.) $375 4. Demo meter box. (Remove substandard meter box and reconnect services at original grade.) $1,825 5. Deep hole. (Extra digging for excavations greater than 72” deep.) Cost per foot $500 6. Open cut trench. (Up to 3’W x 5’D) Cost per lineal foot $65 7. Bore. Able to accommodate up to a 2-inch service. Cost per lineal foot $100 8. Cut and remove concrete. Cost per square foot $14 9. Cut and remove asphalt. Cost per square foot $14 10. Add a curb stop. $325 DocuSign Envelope ID: 8B808F43-9EC4-45CE-B25B-DD8C44553DFC Official Purchasing Document Last updated 10/2017 Service Agreement – Work Order Type - Utilities 9033 Meter Box Installation Page 17 of 20 11. Materials furnished by Service Provider. Cost Plus % 15% 12. Removal of frozen soil. (Deeper than 10”) $600 13. Excavate for a meter pit for a 1 ½” or 2” meter. (Includes back fill, compaction and site restoration; does not include plumbing or setting a meter pit to grade. May include removing existing meter pit in same excavation.) $2,500 14. Plumb and set a meter pit to grade for a 1 ½” or 2” meter. (Does not include excavation or backfill.) $1,000 15. Demo meter pit for a 1 ½” or 2” service. (Remove substandard meter pit and reconnect services at original grade) $2,500 16. Remove meter box lid housing leaving old meter box. (Includes backfill, compaction and site restoration.) $1,200 17. Removal of the existing water meters, copperhorns, isolation valves and water modules from typical inside after meter installation (basements, crawlspaces or other interior meter settings) to which the current water meter, copperhorns, isolation valves and meter module are located within the property associated with the outside meter box installation. This scope requires the re-connection of all applicable City of Fort Collins permits required by Building Inspection. $1,500 TOTAL BASE BID $15,968 WORK SITE EXAMPLES: PRICING OF THESE EXAMPLES WILL BE USED AS THE BASIS FOR BID AWARD Typical Meter Box Installations UNIT PRICES TO BE USED: Amount (1) The meter box is in a lawn area near the curb where a new sidewalk will be installed. The meter box needs to be removed from its current location and a new one installed 10 feet closer to the house. The service line is 66” deep. 4 + 1 + 3 $3,825 (2) The meter box and the plumbing in the box are in poor condition. The meter box needs to be replaced and re-plumbed with new materials to current standards in the same spot in the lawn. The service line is 78” deep. 1 + 3 + 5 $2,500 DocuSign Envelope ID: 8B808F43-9EC4-45CE-B25B-DD8C44553DFC Official Purchasing Document Last updated 10/2017 Service Agreement – Work Order Type - Utilities 9033 Meter Box Installation Page 18 of 20 (3) The meter box is by the curb stop and currently serves both sides of a duplex and the customer is separating the duplex service. Need to install a tee at the existing curb stop, two new curb stops, and one- meter box with a 5 ft pigtail for the customer to connect the second service to. The service lines are 66” deep. 2 + 10 +10 + 3 $2,850 (4) The meter box needs to be relocated. A new meter box can be installed without removing the old one by plumbing a new box beside the old one. Disconnecting the pipes outside the old box, removing the top cover and backfilling the old pit. The service line is 66” deep. 1 + 16 + 3 $3,200 (5) The meter box will be installed in a lawn area next to the curb box. The service line is 66” deep. The existing meter and copperhorn are removed from the crawl space. 1+3 + 17 $3,500 Average of typical installation x .90 = (1 + 2 + 3 + 4 + 5 divided by 5 x .90) “TYPICAL INSTALLATIONS” WILL BE THE CASE 90% OF THE TIME. $2,857.50 Non-Typical Meter Box Replacement UNIT PRICES TO BE USED: (6) The curb box and meter box are in the center of a 16’ wide concrete driveway. The meter box needs to be moved to the lawn area next to the driveway. Need to remove the current meter box, loop the service from the curb stop to the lawn area at the edge of the driveway, install a new meter box and loop back to tie the service back in at the center of the driveway. Approximately 24 sq ft of concrete driveway will be removed. The service is 66” deep. 8 + 4 + 6 + 1 + 3 $4,876 (7) The meter pit and the plumbing for a 2-inch meter are in poor condition. The pit and plumbing in the pit need to be replaced with new materials to current standards in the same spot in the lawn. The service is 66” deep. 13+ 14 + 15 $6,000 Average of non-typical installation x .10 = (6 + 7) divided by 2 x .10) “NON-TYPICAL INSTALLATIONS” WILL BE THE CASE 10% OF THE TIME. $543.80 Total Bid = Official Purchasing Document Last updated 10/2017 Service Agreement – Work Order Type - Utilities 9033 Meter Box Installation Page 19 of 20 EXHIBIT E 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 reduce coverage or limits and will not be cancelled, except after thirty (30) 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 $1,000,000 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. DocuSign Envelope ID: 8B808F43-9EC4-45CE-B25B-DD8C44553DFC Official Purchasing Document Last updated 10/2017 Service Agreement – Work Order Type - Utilities 9033 Meter Box Installation Page 20 of 20 EXHIBIT F CONFIDENTIALITY IN CONNECTION WITH SERVICES provided to the City of Fort Collins (the “City”) pursuant to this Agreement (the “Agreement”), the Service Provider hereby acknowledges that it has been informed that the City has established policies and procedures with regard to the handling of confidential information and other sensitive materials. In consideration of access to certain information, data and material (hereinafter individually and collectively, regardless of nature, referred to as “information”) that are the property of and/or relate to the City or its employees, customers or suppliers, which access is related to the performance of services that the Service Provider has agreed to perform, the Service Provider hereby acknowledges and agrees as follows: That information that has or will come into its possession or knowledge in connection with the performance of services for the City may be confidential and/or proprietary. The Service Provider agrees to treat as confidential (a) all information that is owned by the City, or that relates to the business of the City, or that is used by the City in carrying on business, and (b) all information that is proprietary to a third party (including but not limited to customers and suppliers of the City). The Service Provider shall not disclose any such information to any person not having a legitimate need-to-know for purposes authorized by the City. Further, the Service Provider shall not use such information to obtain any economic or other benefit for itself, or any third party, except as specifically authorized by the City. The foregoing to the contrary notwithstanding, the Service Provider understands that it shall have no obligation under this Agreement with respect to information and material that (a) becomes generally known to the public by publication or some means other than a breach of duty of this Agreement, or (b) is required by law, regulation or court order to be disclosed, provided that the request for such disclosure is proper and the disclosure does not exceed that which is required. In the event of any disclosure under (b) above, the Service Provider shall furnish a copy of this Agreement to anyone to whom it is required to make such disclosure and shall promptly advise the City in writing of each such disclosure. In the event that the Service Provider ceases to perform services for the City, or the City so requests for any reason, the Service Provider shall promptly return to the City any and all information described hereinabove, including all copies, notes and/or summaries (handwritten or mechanically produced) thereof, in its possession or control or as to which it otherwise has access. The Service Provider understands and agrees that the City’s remedies at law for a breach of the Service Provider’s obligations under this Confidentiality Agreement may be inadequate and that the City shall, in the event of any such breach, be entitled to seek equitable relief (including without limitation preliminary and permanent injunctive relief and specific performance) in addition to all other remedies provided hereunder or available at law. DocuSign Envelope ID: 8B808F43-9EC4-45CE-B25B-DD8C44553DFC 12/03/2019 Security Insurance Group, LLC 8219 W 20th St, Ste A Greeley, CO 80634 Jodi Witter 970-378-4818 970-378-4820 jodi@securityinsurancegroup.net 00000000-37233 13 MSI ENTERPRISES Matt Iverson 1600 Harris Dr Fort Collins, CO 80524 Liberty Mutual Insurance 24074 A X Y BLO57280280 07/30/2019 07/30/2020 X X 1,000,000 200,000 15,000 1,000,000 2,000,000 2,000,000 Liberty Mutual 24074 B Y BAO57280280 07/30/2019 07/30/2020 X 1,000,000 Pinnacol Assurance C 4149679 03/01/2019 03/01/2020 X 100,000 100,000 500,000 City of Fort Collins to be listed as Additional Insured as it applies to General Liability and Auto Liability. City of Fort Collins to be listed as Obligee as it applies to the License-Contractors Bond. City of Fort Collins Purchasing Department 700 Wood St Fort Collins, CO 80524 (JMW) Printed by JMW on December 03, 2019 at 08:43AM ANY PROPRIETOR/PARTNER/EXECUTIVE OFFICER/MEMBER EXCLUDED? INSR ADDL SUBR LTR INSD WVD DATE (MM/DD/YYYY) PRODUCER CONTACT NAME: PHONE FAX (A/C, No, Ext): (A/C, No): E-MAIL ADDRESS: INSURER A : INSURED INSURER B : INSURER C : INSURER D : INSURER E : INSURER F : POLICY NUMBER TYPE OF INSURANCE POLICY EFF POLICY EXP LIMITS (MM/DD/YYYY) (MM/DD/YYYY) AUTOMOBILE LIABILITY UMBRELLA LIAB EXCESS LIAB WORKERS COMPENSATION AND EMPLOYERS' LIABILITY DESCRIPTION OF OPERATIONS / LOCATIONS / VEHICLES (ACORD 101, Additional Remarks Schedule, may be attached if more space is required) AUTHORIZED REPRESENTATIVE EACH OCCURRENCE $ DAMAGE TO RENTED CLAIMS-MADE OCCUR PREMISES (Ea occurrence) $ MED EXP (Any one person) $ PERSONAL & ADV INJURY $ GEN'L AGGREGATE LIMIT APPLIES PER: GENERAL AGGREGATE $ POLICY PRO- LOC PRODUCTS - COMP/OP AGG $ JECT OTHER: $ COMBINED SINGLE LIMIT $ (Ea accident) ANY AUTO BODILY INJURY (Per person) $ OWNED SCHEDULED BODILY INJURY (Per accident) $ AUTOS ONLY AUTOS HIRED NON-OWNED PROPERTY DAMAGE $ AUTOS ONLY AUTOS ONLY (Per accident) $ OCCUR EACH OCCURRENCE $ CLAIMS-MADE AGGREGATE $ DED RETENTION $ $ PER OTH- STATUTE ER E.L. EACH ACCIDENT $ E.L. DISEASE - EA EMPLOYEE $ If yes, describe under DESCRIPTION OF OPERATIONS below E.L. DISEASE - POLICY LIMIT $ INSURER(S) AFFORDING COVERAGE NAIC # COMMERCIAL GENERAL LIABILITY Y / N N / A (Mandatory in NH) SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS. THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER. IMPORTANT: If the certificate holder is an ADDITIONAL INSURED, the policy(ies) must have ADDITIONAL INSURED provisions or be endorsed. If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). COVERAGES CERTIFICATE NUMBER: REVISION NUMBER: CERTIFICATE HOLDER CANCELLATION © 1988-2015 ACORD CORPORATION. All rights reserved. ACORD 25 (2016/03) The ACORD name and logo are registered marks of ACORD CERTIFICATE OF LIABILITY INSURANCE DocuSign Envelope ID: 8B808F43-9EC4-45CE-B25B-DD8C44553DFC (Sum of Typical + Non-Typical Average) PLEASE NOTE: THIS IS THE TOTAL BASE BID AMOUNT, TO BE USED FOR AWARD PURPOSES. $3,401.30 DocuSign Envelope ID: 8B808F43-9EC4-45CE-B25B-DD8C44553DFC