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Office of the City Attorney

CONTRACTS / AGREEMENTS

PURPOSE OF THESE PAGES

This site is intended to give City departments information and guidance on completing contracts. We have tried to address common problems that often delay contract

approval.

Section 2-8-9 of the Boulder Revised Code, provides contract guidelines and requires that all contracts be approved by the City Attorney’s Office, before they are

signed by the City Manager. Our goal is that this site will help you prepare contracts faster and better.

The City Attorney's Office maintains and updates templates of some of the most commonly used contracts throughout the City. Use of these contracts will greatly

increase the speed of the approval process because our office has previously approved the language. USE THESE TEMPLATES. They are intended to make your job easier and

to expedite contract approval.

Most departments have contracts that are specific to their needs. We do not currently have links to all contracts in use, but will be adding them to this site in the future.

(Please let us know if there are contracts you would like to see on this site.)

SITE OVERVIEW

This site is divided into four sections with hypertext links to everything you will need to prepare a City contract. These sections are:

STEP-BY-STEP CONTRACT PROCESS (follow this link for detailed steps to follow in creating your contract AND tips to

avoid the most common errors)

ROUTING YOUR CONTRACT (follow this link for information on double checking your contract and how to

route for signatures) TEMPLATES

(follow this link for contract forms) FAQs

** If this is your FIRST VISIT to this site, you will want to start with the Step-by-Step Contract Process link. This link starts you down a procedural guide to develop your contract.

Please contact Maureen Amundson or Mary Wallace with your questions or suggestions to make this site a valuable resource for all City staff.

/tt/file_convert/5b57adc97f8b9a88698b5679/document.doc June 2008

http://intraweb.ci.boulder.co.us/cao/FAQ/Contract2a.htm

mailto:[email protected]

mailto:[email protected]

http://intraweb.ci.boulder.co.us/cao/FAQ/FAQ.htm

http://intraweb.ci.boulder.co.us/cao/Contracts2/Templates.htm

http://intraweb.ci.boulder.co.us/cao/FAQ/Contracts4B.htm



CONTRACTS - STEP BY STEP

STEP 1: CHECK THE FINANCE INTRAWEB: If you have not selected a vendor then go to Finance's BID / PROPOSAL page. The Finance Department maintains information regarding annual contracts, pricing agreements, bids, encumbrances rules and

regulations, records retention, requisitions, and vendors on their Purchasing page. This is an invaluable resource, and we recommend you visit this site—often.

STEP 2: DEVELOP THE SCOPE OF WORK: Once the vendor has been selected, you need to develop the "scope of work" for the contract. The Scope of Work describes in detail

the work that the vendor will perform, the schedule, and the deliverables to be provided. The City Attorney’s Office can help you with the required contractual

language, but you need to consider the terms of your contract. This Scope of Work is usually attached to a contract as an Exhibit. Think of it this way: a contract is essentially an exchange of promises -- What is it that the City wants the vendor to promise to do?

Think WHO, WHAT WHEN, WHERE, WHY . . . .

STEP 3: CHECK FOR A TEMPLATE: See if one of the City’s template contracts (see link below) will work for your project. Most departments have contracts that are specific to

their needs that have been developed in conjunction with the City Attorney’s Office over the years. If you are looking for a contract template, first read the descriptions of the templates linked at the bottom of the page. If none of these templates seem to work, talk to your co-workers or call the City Attorney’s Office to see if they have a similar

type of contract that can be reworked to fit your needs. Templates are just one place to start. If your vendor has sent you a contract on its form, CLICK HERE.

STEP 4: DRAFT YOUR CONTRACT: Once you have selected a template, incorporate the specific terms into the draft. Provide the draft to the vendor for their comments. Contact

the City Attorney's Office if you need assistance in negotiating any terms of the contract.

STEP 5: FINALIZE, CHECK, AND ROUTE YOUR CONTRACT: Once your contract has been drafted and your vendor has agreed to the terms, the following items need to be

completed before routing the contract for signature. Making sure these items items are complete will avoid common errors and delays in having your contract approved by the

City Attorney’s Office.

**READING THE FOLLOWING TIPS WILL GREATLY INCREASE A TROUBLE FREE CONTRACT APPROVAL

WE GUARANTEE IT!**

TIP #1. THE CONTRACT MUST BE SIGNED BY THE CONTRACTOR

The contractor signs the contract first to assure the City that the contract is final and that there will be no subsequent changes to any terms or conditions. There are, of


http://intraweb.ci.boulder.co.us/cao/FAQ/FAQ1.htm

http://intraweb.ci.boulder.co.us/finance/purchasing/buying.htm

http://intraweb.ci.boulder.co.us/finance/purchasing/bbidpro.htm

course, exceptions to this rule, generally for contracts with the State or County, please contact Central Records if you have a question on this.

o Follow this link for the correct City signature block

TIP #2. THE SIGNATURE OF THE CONTRACTOR MUST BE NOTARIZED

Notarizing the signature provides legal evidence that the person signing the document (the contractor) appeared in person before the notary, and that the contractor signed

the contract as a voluntary act for the uses and purposes set forth in the contract.

TIP #3. THE CERTIFICATE OF INSURANCE MUST BE ATTACHED

A Certificate of Insurance is proof of insurance much like the insurance card you carry which is proof of insurance for your car. It verifies that an insurance policy has been

written and states the nature of the insurance coverage in general terms. If your contract requires that the contractor carry insurance, the Certificate of Insurance has to

be included with the contract when the contract is routed for signature.

The City needs to be named as an "Additional Insured" on the Certificate of Insurance. An Additional Insured is an entity other than a named insured which is protected under

the terms of an insurance policy. In other words, when the City is named as an Additional Insured it is protected under the terms of the insurance policy carried by the contractor. Please note that the City cannot name a contractor as an additional insured.

o Follow this link to a sample Certificate of Insurance

TIP #4. MAKE SURE ALL THE EXHIBITS REFERENCED IN YOUR CONTRACT ARE IDENTIFIED AND ATTACHED



ROUTING THE CONTRACT

CHECKLIST: If you are brand new to contracts, or if you do them many times per month, it is easy to overlook or forget an important step somewhere in the contract process. The delay involved by having the insufficient contract rejected, returned, corrected, and sent through the process again is frustrating and time consuming. SO, we have created a Contract Checklist that should be printed and followed for each contract.

If this Checklist is kept with the contract throughout the entire process, it will ensure that you, as contract creator, have not missed a step and will further enable any other staff handling the contract to keep the process and requirements in mind. It is not mandatory, but we strongly encourage you to print the Checklist each time you prepare a contract and keep them together throughout the process.


http://intraweb.ci.boulder.co.us/cao/documents/Contract%20Routing%20Checklist.pdf

http://intraweb.ci.boulder.co.us/cao/documents/Sample%20Liability%20With%20Key.pdf

http://intraweb.ci.boulder.co.us/cao/FAQ/Contract-language.htm#SignatureBlock

CONTRACT CHECKLIST

CONTRACT ROUTING SYSTEM: When you believe your contract is in its final, best form (confirmed by your Checklist) you will need to prepare it for routing using the

City's Contract Routing System. This is an on-line contract tracking process that MUST occur prior to routing contracts for final approval. Central Records maintains an

intraweb site which contains all the information you need on this Contract Routing System. Please review this information carefully before submitting your contract.

CONTRACT ROUTING WEB PAGE



CONTRACT TEMPLATES

Important: Do not save these templates to your computer. Our office occasionally updates contracts and the only way to ensure you are using the most current contract is to ALWAYS return to this page when starting a new

contract. If you access this page often, we recommend that you create a shortcut and save it to your desktop.

1. Consulting Services Agreement This contract is to be used when entering into an agreement for consulting services where the amount to be paid by the City is more than $25,000, or for any agreement with a licensed professional. If you are entering into an agreement that involves the development of engineering plans and/or drawings, go to the Public Works Consulting Agreement.

2. Personal Services Contract - "Consulting Lite" This contract can be used in place of the Consulting Services Agreement for services of non-licensed Contractor, excluding engineers, architects and environmental consultants, where the amount to be paid by the City is less than $25,000.

3. Renewal for Agreement This is used to extend the term of the agreement, and the terms of the contract remain the same. This is primarily used by Purchasing for renewals of materials, services and consulting services contracts.

4. Amendment to Agreement This is to be used when the terms of the contract have changed, for example, the scope of work has been expanded or the schedule has changed.

5. Services Contract This is primarily used by Purchasing for annual bid contracts for services, such as custodial or HVAC services.

6. Materials Contract This is primarily used by Purchasing for annual bid contracts for materials, such as chemicals or chlorine.


http://intraweb.ci.boulder.co.us/cao/documents/A-Final%20Materials%20contract%202006.doc

http://intraweb.ci.boulder.co.us/cao/documents/Final%20Services%202008-.doc

http://intraweb.ci.boulder.co.us/cao/documents/a-Amendment%20Template%20Final.doc

http://intraweb.ci.boulder.co.us/cao/documents/a-Renewal%20Template%20Final.doc

http://intraweb.ci.boulder.co.us/cao/documents/Personal%20Services%20final%202008-.doc

http://intraweb.ci.boulder.co.us/cao/documents/Consulting%20Services%20Final%202008-.doc

http://intraweb.ci.boulder.co.us/cmoclerk/crecords/contract_routing.htm



http://intraweb.ci.boulder.co.us/cao/documents/Contract%20Routing%20Checklist.pdf

7. Public Works Consulting Agreement This contract is to be used primarily by Public Works staff for a consulting agreement with a licensed professional such as an engineer. If you are entering into an agreement that involves the development of engineering plans and drawings, this form should be used. This agreement is different from the City’s standard consulting agreement as it contains additional appendices as well as contractual language which acknowledges the copyright of City GIS data as well as the condition that the County GIS data cannot be shared.

8. Insurance Requirements Formatted to be cut into an existing contract template.

9. General Terms and Conditions for Large Construction Projects This is used for large capital construction projects for the City. Purchasing assembles this contract and associated documentation for City Project Managers. NOT AVAILABLE FOR EDITING.

INSTRUCTIONS FOR CONSULTING AGREEMENTS1. PURPOSE: This contract is to be used when entering into an agreement for

consulting services where the amount to be paid by the city is more than $25,000,

or for any agreement with a licensed professional. If you are entering into an

agreement that involves the development of engineering plans and/or

drawings, go to the Public Works Consulting Agreement.

2. APPENDICES SHOULD BE MARKED AND ATTACHED AS FOLLOWS:

(If you are not attaching all appendices, please delete references to those

appendices in the body of the Agreement)

APPENDIX A: SCOPE OF WORK (Include Project Schedule within this

appendix)

APPENDIX B: CONSULTANTS PERSONNEL AND BILLING RATES

3. INSURANCE:

City is named as an additional insured (except on Work’s Compensation

and Professional Liability)

A Certificate of Insurance must be attached to the Contract when routing

for signature.

4. SIGNATURE:

Have consultant sign the document prior to routing for City Manager’s signature;

Consultant’s signature should be notarized.

Sample Notary Block


http://intraweb.ci.boulder.co.us/cao/documents/A-Final%20General%20Conditions%20July%202006.BCN.pdf

http://intraweb.ci.boulder.co.us/cao/documents/x-formatted%20insurance%202006.doc

http://intraweb.ci.boulder.co.us/cao/documents/PW%20Consulting%20Services%20Final%202008-.doc

STATE OF COLORADO ) ) ss.

COUNTY OF BOULDER )

The foregoing instrument was acknowledged before me this ___ day of ______, 20___, by Cosmo Spacely (name of person signing on behalf of consultant), as President of Spacely Sprockets (title of that person, for example, president, vice president).

Witness my hand and official seal.My commission expires: ______________

_____________________ Notary Public

(seal)

5. IDENTIFICATION AFFIDAVIT:

If the agreement is with a sole proprietorship (an individual, and not a business entity such as a corporation, partnership, LLC, etc.) you need to follow the requirements of House Bill 1023. Therefore, you will be required to use the separate affidavit applicable in these circumstances and review the individual’s identification. The affidavit should not be routed with the contract, but maintained with the project file. Please go to the City Attorney’s Office Intraweb page for a sample affidavit.

6. DELETE THESE INSTRUCTIONS WHEN YOUR CONTRACT IS

COMPLETE


AGREEMENT FOR CONSULTING SERVICES

THIS AGREEMENT is made this ____ day of ______________, 20__ by and between the

City of Boulder, Colorado, a Colorado home rule city (hereafter “the City”), and

_________________, (hereafter the “Consultants”).

RECITALS

A. The City desires to obtain consulting services during the period from

______________ through ____________, in connection with the procurement of

__________________ (hereafter the “Project”).

B. The Consultants provide professional consulting services to the public and are fully

qualified to perform the consulting services needed by the City in connection with the Project.

COVENANTS AND CONDITIONS

NOW, THEREFORE, in consideration of the promises and obligations set forth below, the

City and the Consultants agree as follows:

I. SCOPE OF SERVICES

A. General.

The Consultants shall serve as the City’s professional advisors and representatives

in connection with the Project and shall consult with and advise the City as it reasonably

requires during the term of this Agreement. As a general matter, they shall communicate with

the City about the Project only through ________________, who has been assigned by the City

to the Project as Project Manager.


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B. Specific Duties and Responsibilities

In connection with the Project, the Consultants shall undertake the duties and

responsibilities and provide the services described in Appendix A, captioned “Scope of Work”

which consists of ____ pages and is attached hereto and made a part hereof.

C. Extra Services.

Upon the express, written request of the City, the Consultants shall perform services

beyond the scope of the duties and responsibilities described in Appendix A. The Consultants shall

charge the City for such extra services, if any, in accordance with the provisions of Subsection

IV.B.

D. Documents.

All work notes, reports, documents, computer programs (non-proprietary), computer

input and output, analyses, tests, maps, surveys, or any other materials developed specifically for

the Project are and shall remain the sole and exclusive property of the City. The Consultants, upon

request by the City, agree to provide documents or any other materials developed specifically for

the Project in an electronically editable format (for example, Word or WordPerfect). The

Consultants shall not provide copies of any material prepared under this Agreement to any other

party without the prior written consent of the City.

II. COOPERATION BY THE CITY

The City will thoroughly and as expeditiously as reasonably possible consider all reports,

sketches, drawings, specifications, proposals, and other documents prepared by the Consultants, and

it shall inform the Consultants of all decisions that it has made which would affect the Consultants’

work under this Agreement as soon as reasonably feasible. The City will inform the Consultants of

any pending change or revision to the Project as soon as reasonably feasible. The City will provide


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the Consultants with current, updated plans, if any, for the Project as soon as reasonably feasible

after they are produced.

III. SCHEDULE

The Consultants’ services are anticipated to be provided over the course of

________________, occurring between _________________ and _______________. A detailed

project schedule is presented in Appendix A. However, it is understood by the parties that the

actual schedule may differ from what is anticipated. The City shall advise the Consultants in

writing of each change in the schedule as soon as feasible after it becomes aware thereof, and the

Consultants shall thereafter adjust the timing of their services so as to comply with the revised

schedule. The Consultants shall provide their services at such times as are necessary in order to

promote the smooth progress of the Project.

IV. AMOUNT OF PAYMENTS TO CONSULTANTS

A. Aggregate Limits.

Unless services in addition to those specified in Section I are subsequently agreed

upon in writing, the total amount paid by the City to the Consultants pursuant to this Agreement

shall not exceed the sum of $__________.

B. Specific Charges. The Consultant’s primary employees who will work on the

Project and their billing rates are set forth Appendix B, which consists of _____ page(s) and is

attached hereto and made a part hereof. The City will pay the Consultants on the basis of their time

and direct expenses incurred in order to provide the services required by this Agreement.

l. The charge for time shall consist of the hourly rates for the

Consultants’ employees multiplied by the number of hours and parts of hours each such employee

works directly on the Project. The time each such employee must spend traveling in order to

provide the services required by this Agreement will be charged in the same way as his or her other


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time spent working on the Project. It is understood by the parties that the rates include a surcharge

intended to cover profit and overhead, including, but not limited to, taxes, employee benefits,

administrative support staff and supplies, office rent and utilities, and insurance. The Consultants’

primary employees who will work on the Project and their billing rates, which includes the

surcharge, are set forth in Appendix B.

2. Direct expenses incurred by the Consultants in connection with the

Project shall be charged to the City on the basis of the expenses actually incurred by the

Consultants, without any additional surcharge added by the Consultants. Such direct expenses shall

include printing costs and long-distance telephone charges. Any direct or indirect expenses

incurred by the Consultants while working on the Project that are in common with work on other

projects for other clients shall be prorated among all those clients according to the benefit derived

by each client. The City shall not pay for the expense of the Consultants’ owned or hired

automobiles used in the connection with the Project, which shall be considered a part of the

Consultants’ hourly rates.

C. Inspection of Records.

Upon reasonable, advance request, the City may inspect and copy any or all records

of the Consultants which would bear on any amounts charged to the City pursuant to this

Agreement.

V. TIME OF PAYMENTS TO CONSULTANTS

The Consultants shall bill their charges to the City periodically, but no more frequently than

once a month. Each bill shall contain a statement of the time that the primary employees spent on

the Project since the previous bill, a brief description of the services provided by each such

employee and an itemization of direct expenses for each task.


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VI. QUALIFICATIONS ON OBLIGATIONS TO PAY

Notwithstanding any other terms of this Agreement, the City may withhold any payment

(whether a progress payment or final payment) to the Consultants if any one or more of the

following conditions exists:

A. The Consultants are in default of any of their obligations under this

Agreement.

B. Any part of such payment is attributable to services which are not performed

according to this Agreement. (The City will pay for any part thereof attributable to services

performed according to this Agreement).

C. The Consultants have failed to make payments promptly to any third parties

used in the services for which the City has made payment to the Consultants.

D. The City, in its good faith judgment, determines that the portion of the

compensation then remaining unpaid will not be sufficient to complete the Project or any task

according to this Agreement. In such case, no additional payments will be due to the Consultants

until the Consultants, at their sole cost, perform a sufficient portion of the Project or task so that the

City determines that the compensation then remaining unpaid is sufficient to complete the Project or

task.

E. No partial payment shall be final acceptance or approval of that part of the

Project or task paid for, or shall relieve the Consultants of any of their obligations under this

Agreement.

VII. CONSULTANTS’ DUTIES

A. Abilities, Qualifications, Experience, and Best Efforts.

Notwithstanding anything to the contrary contained in this Agreement, the City and

the Consultants agree and acknowledge that the City enters into this Agreement relying on the


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special and unique abilities of the Consultants to accomplish the Project. The Consultants accept

the relationship of trust and confidence established between them and the City by this Agreement.

The Consultants covenant with the City to use their best efforts. The Consultants shall further the

interests of the City according to the City’s requirements and procedures, according to the highest

professional standards and in compliance with all applicable national, federal, state, municipal laws,

regulations, codes, ordinances, orders and with those of any other body having jurisdiction.

B. No Conflicts.

The Consultants represent, covenant, and agree that they have and will undertake no

obligations, commitments, or impediments of any kind that will limit or prevent them from the

timely completion of the Project, loyally and strictly according to the best interests of the City. In

case of any conflict between interests of the City and any other entity, the Consultant shall fully and

immediately disclose the issue to the City and shall take no action contrary to the City’s interests.

C. Limitation on Public Statements and Lobbying Activity.

Consultants are retained to provide information and advice to the City that includes

confidential data, work product, and other privileged or confidential information that is protected

under pertinent laws and City policies. In order to maintain the fact and appearance of absolute

objectivity, loyalty, and professionalism, Consultants shall not, without the prior written consent of

the City, do any of the following:

1. Disclose at any time information obtained as a result of this

contractual relationship to any third party;

2. Lobby any City agency on any pending matter while they are under

contract to the City;


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3. Make any public statements or appear at any time to give testimony at

any public meeting on the subject matters with regard to which Consultant is or was retained by the

City.

To the extent that the City provides written consent for the disclosure of information

or authorizes the making of public statements, the City may impose such conditions upon such

disclosure or communications as it thinks appropriate, and Consultants agree to comply with those

conditions.

This provision shall not preclude Consultants from providing information to law

enforcement officials in connection with any criminal justice investigation.

D. Quality of Services.

The Consultants represent, covenant, and agree that all of the services that they will

furnish under this Agreement shall be of at least the standard and quality prevailing among highly

competent professionals who perform work of a similar nature to the work described in this

Agreement.

E. Accuracy of Work.

The Consultants represent, covenant, and agree that its work will be accurate and

free from any material errors. The Consultants additionally represent, covenant, and agree that the

planning for the Project will conform to all foreseeable uses thereof. City approval shall not

diminish or release the Consultants’ duties, since the City is ultimately relying upon the

Consultants’ skill and knowledge.

F. Duty to Warn.

The Consultants agree to call to the City’s attention errors in any drawings, plans,

sketches, instructions, information, requirements, procedures, and other data supplied to the

Consultants (by the City or any other party) that it becomes aware of and believes may be


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unsuitable, improper, or inaccurate in a material way. However, Consultants shall not

independently verify the validity, completeness, or accuracy of such information unless otherwise

expressly engaged to do so by the City. Nothing shall detract from this obligation unless the

Consultants advise the City in writing that such data may be unsuitable, improper, or inaccurate and

the City nevertheless confirms in writing that it wishes the Consultants to proceed according to the

data as originally given.

G. Attendance at Meetings.

The Consultants shall attend such meetings on the work required by this Agreement

as the City requires. The City will give reasonable notice of any such requirement, so that the

Consultants may schedule and attend.

H. Efficiency.

The Consultants represent, covenant, and agree to furnish efficient business

administration and superintendence and perform the services required by this Agreement in the best,

most expeditious and most economical manner consistent with the interests of the City.

I. Books and Records.

The Consultants shall keep their books and records for the Project and reimbursable

expenses according to recognized accounting principles and practices, consistently applied. The

Consultants shall make them available for the City’s inspection at all reasonable times. The

Consultants shall retain such books and records for at least three years after completion of the

Project.

J. Payment of Bills.

The Consultants shall promptly pay all bills for labor and material performed and

furnished by others in performance of the Project.


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VIII. TERMINATION

A. Termination for Breach.

This Agreement may be terminated by either party for a material breach of this

Agreement by the other party not caused by any action or omission of the terminating party by

giving the other party written notice at least three days in advance of the termination date. The

termination notice shall specify in reasonable detail each such material breach. In the event of such

termination by either party, the Consultants shall promptly deliver to the City all drawings,

computer programs, computer input and output, analysis, plans, photographic images, tests, maps,

surveys, and written materials of any kind generated in the performance of services under this

Agreement up to and including the date of termination. If this Agreement is so terminated by the

Consultants, they will be paid for all services rendered up to the date of termination, except as set

forth in Section VI above. If this Agreement is so terminated by the City, the Consultants will be

paid for all services rendered to the date of termination, except those services which, in the City’s

judgment, constituted the grounds, in whole or in part, of the notice of termination, and except as set

forth in Section VI, above. Upon such payment, all obligations of the City to the Consultants under

this Agreement shall cease.

B. Termination for Convenience.

In addition to the foregoing, this Agreement may be terminated by the City for its

convenience and without cause of any nature by giving the Consultants written notice at least seven

days in advance of the termination date. In the event of such termination, the Consultants will be

paid for all services rendered to the date of termination, except as set forth in Section VI, above, and

upon such payment, all obligations of the City to the Consultants under this Agreement shall cease.

Furthermore, in the event of such termination, the Consultants shall promptly deliver to the City all

drawings, computer programs, computer input and output, plans, photographic images, analyses,


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test, maps, surveys, and written materials of any kind generated in the performance of their services

under this Agreement up to and including the date of termination.

IX. SUSPENSION

Without terminating this Agreement or breaching its obligations hereunder, the City may, at

its pleasure, suspend the services of the Consultants hereunder. Such suspension may be

accomplished by giving the Consultants written notice one day in advance of the suspension date.

Upon receipt of such notice, the Consultants shall cease their work in as efficient a manner as

possible so as to keep their total charges to the City for services under this Agreement to the

minimum. No work shall be performed during such suspension except with specific prior

authorization by the Project Manager. The City recognizes that suspension and subsequent

reactivation may inconvenience the Consultants and will endeavor to provide advance notice and

minimize its use. After a suspension has been in effect for thirty days, the Consultants may

terminate this Agreement at will.

X. LAWS TO BE OBSERVED

The Consultants shall be cognizant of all federal and state laws and local ordinances and

regulations which in any manner affect those engaged or employed in the work or which in any

manner affect the conduct of the work, and of all such orders and decrees of bodies or tribunals

having any jurisdiction over the same, and shall defend, at all times observe and comply with all

such existing laws, ordinances, regulations and decrees, and shall defend, protect and indemnify the

City against any claim or liability arising from or based on the violation of any such law, ordinance,

regulation, order, or decree, whether by itself, its subcontractors, agents, or employees.


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XI. PERMITS AND LICENSES

The Consultants shall procure all permits and licenses, pay all charges, fees, and taxes and

give all notices necessary and incidental to the due and lawful prosecution of their services under

this Agreement.

XII. PATENTED DEVICES, MATERIALS AND PROCESSES

The Consultants shall hold and save harmless the City from any and all claims for

infringement, by reason of the use of any patented design, device, material, process, or trademark or

copyright and shall indemnify the City for any costs, expenses, and damages, including court costs

and attorney fees, which it might be obligated to pay by reason of infringement at any time during

the prosecution or after completion of their services under this Agreement.

XIII. INDEPENDENT CONTRACTOR

The relationship between the Consultants and the City is that of an independent contractor.

The Consultants shall supply all personnel, equipment, materials and supplies at their own expense,

except as specifically set forth herein. The Consultants shall not be deemed to be, nor shall they

represent themselves as, employees, partners, or joint venturers of the City. No employee or officer

of the City shall supervise the Consultants. The Consultants are not entitled to workers’

compensation benefits and are obligated to directly pay federal and state income tax on

money earned under this Agreement.

XIV. INDEMNIFICATION

The Consultants shall be responsible for all damages to persons or property caused by them,

their agents, subcontractors, employees or representatives which may arise from their negligent or

wrongful performance of this Agreement, and shall indemnify, hold harmless, and defend the City

and its officers, agents and employees from any claim or action brought by reason thereof. As part

of this obligation, the Consultants shall compensate the City for the time, if any, spent by its counsel


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in connection with such claims or actions at the rates generally prevailing among private

practitioners in the City of Boulder for similar services. The Consultants’ obligation to indemnify

the City as set forth in this Agreement shall survive the termination or expiration of this Agreement.

XV. INSURANCE

A. The Consultants agree to procure and maintain in force during the terms of

this Agreement, at its own cost, the following minimum coverages:

1. Workers’ Compensation and Employers’ Liability

a) State of Colorado: Statutoryb) Applicable Federal: Statutoryc) Employer’s Liability: $100,000 Each Accident

$500,000 Disease-Policy Limit$100,000 Disease-Each Employee

d) Waiver of Subrogation

2. Commercial General Liability

a) Bodily Injury & Property Damage General Aggregate Limit $1,000,000

b) Personal & Advertising Injury Limit $1,000,000c) Each Occurrence Limit $1,000,000

The policy shall be on an Occurrence Form and include the following

coverages: Premises Operations; Personal and Advertising Injury; Medical Payments; Liability

assumed under an Insured Contract; Independent Contractors; and Broad Form Property Damage.

Coverage provided should be at least as broad as found in Insurance Services Office (ISO) form

CG0001.

3. Professional Liability (errors and omissions)

a) Each Claim/Loss: $1,000,000b) Aggregate: $1,000,000

City of Boulder may require that this coverage remain in place for one year after the

project is complete.

4. Commercial Automobile Liability Limits


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a) Bodily Injury & Property Damage Combined Single Limit$1,000,000

b) Medical Payments per person $ 5,000 c) Uninsured/Underinsured Motorist $ 100,000

Coverage is to be provided on Business Auto, Garage, or Truckers form.

Coverage provided should be at least as broad as found in ISO form CA0001 (BAP), CA0005

(Garage) or CA0012 (Trucker) including coverage for owned, non-owned, & hired autos.

B. Coverage.

Insurance required by this Agreement shall be primary coverage, unless otherwise

specified, and shall specify that in the event of payment for any loss under the coverage provided,

the insurance company shall have no right of recovery against the City or its insurers. All policies

of insurance under this Agreement shall be provided by a reputable insurance company or

companies qualified to conduct business in Colorado. The City reserves the right, but shall not have

the duty, to reject any insurer which it finds to be unsatisfactory and insist that the Consultants

substitute another insurer that is reasonably satisfactory to the City. Property and Liability Insurance

Companies shall be licensed to do business in Colorado and shall have an AM Best rating of not

less than A- VI. This insurance shall be maintained in full force and effect during the term of this

Agreement and for the additional periods set forth herein and shall protect the Consultants, its

agents, employees and representatives, from claims for damages for personal injury and wrongful

death and for damages to property arising in any manner from negligent or wrongful acts or

omissions of the Consultants, their agents, employees, and representatives in the performance of the

services covered herein.

C. Additional Insureds.


13

All Insurance policies (except Workers Compensation and Professional Liability)

shall include City of Boulder and its elected officials and employees as additional insureds as

their interests may appear. The additional insured endorsement should be at least as broad as ISO

form CG2010 for General Liability coverage and similar forms for Commercial Auto and Umbrella

Liability.

D. Automobile Coverage.

Automobile insurance shall, without limitation, cover all automobiles used in

performing any services under this Agreement.

E. Claims-Made Policies.

If coverage is to be provided on Claims Made forms, Consultants must refer policy

to the City Attorney’s Office for approval and additional requirements. In the case of any claims-

made insurance policies, the Consultants shall procure necessary retroactive dates, Atail@ coverage

and extended reporting periods to cover a period at least two years beyond the expiration date of

this Agreement. This obligation shall survive the termination or expiration of this Agreement.

F. The Consultants shall not cancel, materially change, or fail to renew required

insurance coverages. The Consultants shall notify the Project Manager of any material reduction or

exhaustion of aggregate limits. Should the Consultants fail to immediately procure other insurance,

as specified, to substitute for any policy canceled before final payment to the Consultants, the City

may procure such insurance and deduct its cost from any sum due to the Consultants under this

Agreement.

G. Certificates.

Certificates showing that the Consultants are carrying the above-described insurance,

and the status of the additional insureds, shall be furnished to the City prior to the execution of this

Agreement by the City. Certificates of insurance on all policies shall give the City of Boulder


14

written notice of not less than thirty (30) days prior to cancellation or change in coverage. The

Consultants shall forthwith obtain and submit proof of substitute insurance in the event of

expiration or cancellation of coverage.

H. Non-Waiver.

The parties understand and agree that the parties are relying on, and do not waive or

intend to waive by any provision of this Agreement, the monetary limitations (now $150,000 per

person and $600,000 per occurrence) or any other rights, immunities, and protections provided by

the Colorado Governmental Immunity Act, '24-10-101, et seq., C.R.S., as from time to time

amended, or otherwise available to the parties, their officers, or their employees.

XVI. PROHIBITIONS ON PUBLIC CONTRACTS FOR SERVICES

The Consultants certify that it shall comply with the provisions of section 8-17.5-101 et seq.,

C.R.S. The Consultants shall not knowingly employ or contract with an illegal alien to perform

work under this contract or enter into a contract with a subcontractor that fails to certify to the

Consultants that the subcontractor shall not knowingly employ or contract with an illegal alien to

perform work under this contract.

The Consultants represent, warrant, and agree (i) that it has confirmed the employment

eligibility of all employees who are newly hired for employment to perform work under this

contract through participation in either the E-Verify or the Department Program; (ii) that the

Consultants are prohibited from using either the E-Verify Program or the Department Program

procedures to undertake preemployment screening of job applicants while the public contract for

services is being performed; and (iii) if the Consultants obtain actual knowledge that a

subcontractor performing work under the public contract for services knowingly employs or

contracts with an illegal alien, the Consultants shall be required to:


15

1) Notify the subcontractor and the contracting state agency or political subdivision within

three days that the Consultants 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 8-17.5-102(2)(b)(III)(A) the subcontractor does not stop

employing or contracting with the illegal alien; except that the Consultants 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.

The Consultants further agree that it shall comply with all reasonable requests made in the

course of an investigation under section 8-17.5-102(5), C.R.S. by the Colorado Department of

Labor and Employment. If the Consultants fail to comply with any requirement of this provision or

section 8-17.5-101 et seq., C.R.S. the City may terminate this contract for breach and the

Consultants shall be liable for actual and consequential damages to the City.

XVII. INTEGRATION

This document constitutes the entire agreement between the City and the Consultants and

incorporates all prior verbal and written communications between the parties concerning the subject

matter included herein.

XVIII. NO ASSIGNMENT

Neither party shall assign, sublet, or transfer any interest in this Agreement without the

written consent of the other.

XIV. AMENDMENT IN WRITING

No amendment or modification shall be made to this Agreement unless it is in writing and

signed by both parties.


16

XX. GOVERNING LAW AND VENUE

This Agreement is governed by the laws of the State of Colorado. Any suit between the

parties arising under this Agreement shall be brought only in a court of competent jurisdiction for

the Twentieth Judicial District of the State of Colorado.

XXI. NO THIRD PARTY BENEFICIARIES

The parties intend no third party beneficiaries under this Agreement. Any person other than

the City or the Consultants receiving services or benefits under this Agreement is an incidental

beneficiary only.

XXII. FINANCIAL OBLIGATIONS OF THE CITY

All financial obligations of the City under this Agreement are contingent upon

appropriation, budgeting, and availability of specific funds to discharge such obligations. Nothing

in this Agreement shall be deemed a pledge of the City’s credit, or a payment guarantee by the City

to the Consultants.

XXIII. NO WAIVER

No waiver of any breach or default under this Agreement shall be a waiver of any other or

later breach of default.

XXIV. AUTHORITY

Consultants warrant that the individual executing this Agreement is properly authorized to

bind the Consultants to this Agreement.

[SIGNATURE PAGE TO FOLLOW]


17

IN WITNESS WHEREOF, the parties hereto have signed this Agreement effective as of the

day and year first above written.

CONSULTANTS

By: _____________________________Title: ____________________________

STATE OF COLORADO )) ss.

COUNTY OF BOULDER )

Acknowledged before me, a notary public, this ______ day of ______________ 200__, by

__________________________________, as _________________________________.

Witness my hand and official seal.My commission expires:

________________________________________Notary Public

(SEAL)

CITY OF BOULDER

________________________________________City Manager

ATTEST:

__________________________________City Clerk on behalf of theDirector of Finance and Record

APPROVED AS TO FORM:

__________________________________City Attorney’s Office


18

APPENDIX A SCOPE OF WORK


19

APPENDIX BCONSULTANTS PERSONNEL AND BILLING RATES

INSTRUCTIONS FOR PERSONNEL SERVICES AGREEMENTS

1. PURPOSE: This contract is to be used when entering into an agreement for

personnel services, usually consulting services, where the Vendor is not a licensed

professional such as an architect or engineer, and where the amount to be paid by the

city is less than $25,000.


(If you are not attaching all appendices, please delete references to those appendices

in the body of the Agreement)

APPENDIX A: SCOPE OF WORK (Include Project Schedule within this appendix)


3. INSURANCE:

City is named as an additional insured (except on Work’s Compensation)

A Certificate of Insurance must be attached to the Contract when routing for

signature.

4. SIGNATURE:



Sample Notary Block


COUNTY OF BOULDER )



_____________________ Notary Public


20

(seal)



6. DELETE THESE INSTRUCTIONS WHEN YOUR CONTRACT IS COMPLETE


21

CITY OF BOULDERPERSONAL SERVICES CONTRACT

THIS CONTRACT is made this ____ day of ______________, 20__ by and between the City of Boulder, Colorado, a Colorado home rule city (hereafter “the City”), and _________________, (hereafter the “Contractor”).

RECITALS

A. The City desires to obtain services during the period from ______________ through ____________, in connection with the procurement of __________________ (hereafter the “Project”).

B. The Contractor provides these services to the public and is fully qualified to perform the services needed by the City in connection with the Project.


NOW, THEREFORE, in consideration of the promises and obligations set forth below, the City and the Contractor agree as follows:

1. SCOPE OF SERVICES

A. General. The Contractor shall serve as the City=s advisors in connection with the Project and shall advise the City as it reasonably requires during the term of this Contract. As a general matter, they shall communicate with the City about the Project only through ________________, who has been assigned by the City to the Project as Project Manager.

B. Specific Duties and Responsibilities. In connection with the Project, the Contractor shall undertake the duties and responsibilities and provide the services described in Appendix A, captioned “Scope of Work,” which consists of _____ pages and is attached hereto and made a part hereof.

C. Documents. All work notes, reports, computer programs (non-proprietary), computer input and output, analyses, tests, maps, surveys, or any other materials developed specifically for the Project are and shall remain the sole and exclusive property of the City. The Contractor, upon request by the City, agree to provide documents or any other materials developed specifically for the Project in an electronically editable format (for example, Word or WordPerfect). The Contractor shall not provide copies of any material prepared under this Contract to any other party without the prior written consent of the City.

2. SCHEDULE

/tt/file_convert/5b57adc97f8b9a88698b5679/document.docJuly 2006

The Contractor’s services are anticipated to be provided over the course of ________________, occurring between ____________________ and __________________. However, it is understood by the parties that at times the actual schedule may differ from what is anticipated. The Contractor agrees to provide its services at such times as are necessary in order to promote the smooth progress of the Project.

3. AMOUNT OF PAYMENTS TO CONTRACTOR

A. Aggregate Limits. Unless services in addition to those specified in Section I are subsequently agreed upon in writing, the total amount paid by the City to the Contractor pursuant to this Contract shall not exceed the sum of $______________.

B. Specific Charges. The Contractor’s primary employees who will work on the Project and their billing rates are set forth in Appendix B. The City will pay the Contractor on the basis of its time and direct expenses incurred in order to provide the services required by this Contract. The City shall not pay for the expense of the Contractor’s owned or hired automobiles used in the connection with the Project, which shall be considered a part of the Contractor’s= hourly rates.

C. Inspection of Records. Upon reasonable, advance request, the City may inspect and copy any or all records of the Contractor which would bear on any amounts charged to the City pursuant to this Contract.

4. TIME OF PAYMENTS TO CONTRACTOR

The Contractor shall bill its charges to the City periodically, but no more frequently than once a month. Each bill shall contain a statement of the time that the primary employees spent on the Project since the previous bill, a brief description of the services provided by each such employee and an itemization of direct expenses for each task.

5. CONTRACTOR’S DUTIES

A. Abilities and Best Efforts. The Contractor agrees to use its best efforts.

The Contractor shall further the interests of the City according to the City=s requirements

and procedures, according to the customary professional standards and in compliance with all

applicable national, federal, state, municipal laws, regulations, codes, ordinances, orders and

with those of any other body having jurisdiction.


B. No Conflicts. The Contractor agrees that they have and will undertake no obligations, commitments, or impediments of any kind that will limit or prevent it from the timely completion of the Project.

C. Limitation on Public Statements and Lobbying Activity. Contractors are retained to provide information and advice to the City that includes confidential data, work product, and other privileged or confidential information. In order to maintain the fact and appearance of absolute objectivity and professionalism, Contractor shall not, without the prior written consent of the City, do any of the following:


contractual relationship to any third party;2. Lobby any City agency on any pending matter while they are

under contract to the City;3. Make any public statements or appear at any time to give

testimony at any public meeting on the subject matters with regard to which Consultant is or was retained by the City.

To the extent that the City provides written consent for the disclosure of information or authorizes the making of public statements, the City may impose such conditions upon such disclosure or communications as it thinks appropriate, and Consultants agree to comply with those conditions.

6. INSURANCE

Contractor agrees to procure and maintain in force during the terms of this Agreement, at its own cost, the following minimum coverages:

A. Workers’ Compensation and Employers’ Liability

e) State of Colorado: Statutoryf)Applicable Federal: Statutoryg) Employer’s Liability: $100,000 Each Accident


h) Waiver of Subrogation

B. Commercial General Liability

i. Bodily Injury & Property Damage General Aggregate Limit

$1,000,000ii. Personal & Advertising Injury Limit $1,000,000

iii. Each Occurrence Limit $1,000,000

The policy shall be on an Occurrence Form and include the following coverages: Premises Operations; Personal and Advertising Injury; Medical Payments; Liability


assumed under an Insured Contract; Independent Contractors; and Broad Form Property Damage. Coverage provided should be at least as broad as found in Insurance Services Office (ISO) form CG0001.

C. Automobile Liability Limits

The Contractor agrees to provide evidence that the Contractor maintains in their vehicle proof of current liability insurance coverage in compliance with the State of Colorado Motor Vehicle Financial Responsibility Act. The City of Boulder should be named as additional insured. The minimum amount of insurance required by the State is $25,000 per person and $50,000 per accident for bodily injury or death and $15,000 for property damage. The contractor’s car insurance is the sole coverage for any casualty or liability claims.

Prior to the execution of this Contract by the City, the Contractor shall forward Certificates of Insurance to Purchasing. The insurance required shall be procured and maintained in full force and effect for the duration of the Contract. Certificate Holder shall be the City of Boulder at 1777 Broadway, P.O. Box 791, Boulder, CO 80306.

All insurance policies (except Workers Compensation) shall include City of Boulder and its elected officials and employees as additional insureds as their interests may appear. The additional insured endorsement should be at least as broad as ISO form CG2010 for General Liability coverage and similar forms for Commercial Auto Liability.

The City requires that all policies of insurance be written on a primary basis, non-contributory with any other insurance coverages and/or self-insurance carried by the City.

The City of Boulder reserves the right to reject any insurer it deems not financially acceptable by insurance industry standards. Property and Liability Insurance Companies shall be licenses to do business in Colorado and shall have an AM Best rating of not less than A- VI.

Certificates of insurance on all policies shall give the City of Boulder written notice of not less than thirty (30) days prior to cancellation or change in coverage.

7. INDEMNIFICATION

The Contractor agrees to indemnify and save harmless the City against any and all damages to property or injuries to or death of any person or persons arising from its performance of this Contract, including property and employees or agents of the City and shall defend, indemnify and save harmless the City from any and all claims, demands, suits, actions or proceedings of any kind or nature, including without limitation Worker's Compensation claims, of or by anyone whomsoever in any way resulting from or arising out of the Contractor's operations in connection with this Contract, including operations of sub-contractors and acts or admissions of employees or agents of the Contractor or its sub-contractor.

8. INDEPENDENT CONTRACTOR

The relationship between the Contractor and the City is that of an independent contractor. The Contractor shall supply all personnel, equipment, materials and supplies at its own expense, except as specifically set forth herein. The Contractor shall not be deemed to be, nor shall it represent itself as, an employee, partner, or joint venturer of the City. No employee or officer of


the City shall supervise the Contractor. The Contractor is not entitled to worker’s compensation benefits and is obligated to directly pay federal and state income tax on money earned under this Contract.

9. MISCELLANEOUS PROVISIONS

A. Assignment. The Contractor shall not assign this Contract without the written consent of the City, which it may withhold at its sole discretion.

B. Termination. This Contract may be terminated by either party if it has been materially breached by the other party and proper notification is tendered. City may, at any time, terminate this Contract, in whole or in part, for its own convenience. City shall pay Contractor for work satisfactorily completed, to the date of termination; The City shall determine the portion of work completed. Notification of intent to terminate this Contract shall be given in writing thirty (30) days prior to the date of termination.

C. Renewals. The City reserves the right to extend the Contract for an additional one year terms if mutually agreeable by both parties and conditions remain constant. Contract renewals shall be in writing and signed by both parties.

D. No Third Party Beneficiaries. It is expressly understood and agreed that the enforcement of the terms and conditions of this Contract and all rights of action relating to such enforcement, shall be strictly reserved to the City and the Contractor. Nothing contained in this Contract shall give or allow any claim or right of action whatsoever by any other third person. It is the express intention of the City and the Contractor that any such party or entity, other than the City or the Contractor, receiving services or benefits under this Contract shall be deemed an incidental beneficiary only.

E. Waiver. The waiver of any breach of a term, provision, or requirement of this Contract shall not be construed or deemed as waiver of any subsequent breach of such term, provision, or requirement, or of any other term, provision, or requirement.

F. Amendments. This Contract is intended as the complete integration of all

understandings between the parties. No prior or contemporaneous addition, deletion, or other

amendment hereto shall have any force or effect whatsoever, unless embodied herein in

writing. No subsequent notation, renewal, addition, deletion, or other amendment hereto

shall have any force or effect unless embodied in a writing executed and approved by the

City pursuant to City rules.


G. Prohibitions on Contracts for Public Services. The Contractor certifies that the Contractor shall comply with the provisions of section 8-17.5-101 et seq., C.R.S. The Contractor shall not knowingly employ or contract with an illegal alien to perform work under this contract or enter into a contract with a subcontractor that fails to certify to the Contractor that the subcontractor shall not knowingly employ or contract with an illegal alien to perform work under this contract.

The Contractor represents, warrants, and agrees (i) that it has confirmed the employment eligibility of all employees who are newly hired for employment to perform work under this contract through participation in either the E-Verify or the Department Program; (ii) that the Contractor is prohibited from using either the E-Verify Program or the Department Program procedures to undertake preemployment screening of job applicants while the public contract for services is being performed; and (iii) if the Contractor obtains actual knowledge that a subcontractor performing work under the public contract for services knowingly employs or contracts with an illegal alien, the contractor shall be required to:

a) Notify the subcontractor and the contracting state agency or political subdivision within three days that the contractor has actual knowledge that the subcontractor is employing or contracting with an illegal alien; and b) Terminate the subcontract with the subcontractor if within three days of receiving the notice required pursuant to 8-17.5-102(2)(b)(III)(A) the subcontractor does not stop employing or contracting with the illegal alien; except that the contractor 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.

The Contractor further agrees that it shall comply with all reasonable requests made in the course of an investigation under section 8-17.5-102(5), C.R.S. by the Colorado Department of Labor and Employment. If the Contractor fails to comply with any requirement of this provision or section 8-17.5-101 et seq., C.R.S. the City may terminate this contract for breach and the Contractor shall be liable for actual and consequential damages to the City.

H. Authority to Sign. Contractor warrants that the individual executing this Contract is properly authorized to bind the Contractor to this Contract.

IN WITNESS WHEREOF, the Parties hereto have signed this Contract effective as of the day and year first written.

CONTRACTOR

By: _____________________________Title: ____________________________



COUNTY OF BOULDER )

SUBSCRIBED AND SWORN to before me, a notary public, this ______ day of ______________, 200__, by ______________________________________ (contractor name) as ____________________________________ (contractor title).


_________________________________Notary Public

(SEAL)


CITY OF BOULDER

___________________________________City Manager

ATTEST:

_____________________________City Clerk on behalf of theDirector of Finance and Record


______________________________City Attorney’s Office

ATTACHMENTS: APPENDIX A: SCOPE OF WORKAPPENDIX B: SCHEDULE OF CHARGES


APPENDIX A SCOPE OF WORK


APPENDIX BSCHEDULE OF CHARGES

INSTRUCTIONS FOR RENEWAL TEMPLATE

1. PURPOSE: This form is to be used to extend the term of a contract and the terms of the contracts remain the same. This form is primarily used by Purchasing for renewals of materials, services, and consulting services contracts.

2. SIGNATURE: Have the contractor sign the document prior to routing for City Manager’s signature; Contractor’s signature must be notarized.

Sample Notary Block


COUNTY OF BOULDER )



_____________________ Notary Public

(seal)

3. INSURANCE: Please attached a new certificate of insurance evidencing insurance for the renewal period.

4. DELETE THIS PAGE WHEN YOUR CONTRACT IS COMPLETE


CONTRACT RENEWAL AGREEMENT

WHEREAS, the City of Boulder, Colorado, a Colorado home rule city (hereafter "the City"), and [name of contractor or consultant] _________________, entered into a Contract dated_________________________, to [describe purpose of the original contract] ________________________________________________; and

WHEREAS, the parties wish to renew the period of performance of this Contract and extend it through ______________ _____, 20__.

NOW THEREFORE, in consideration of the promises and obligations attached hereto, the parties hereby amend the Agreement dated _______________ _____, 20____, so that the promises and obligations of each party specified therein are extended through _____________ _____, ____ with all terms and conditions remaining the same as stated in the original Contract dated _____________ ____, 20___. A certificate of insurance showing that the Contractor is carrying insurance for the extended term of the Contract shall be furnished to the City at the time of this renewal.

THIS AMENDMENT is entered into as of the ____ day of ________________, 20__.

CONTRACTOR

By: _____________________________Title: ____________________________


COUNTY OF BOULDER )

Acknowledged before me, a notary public, this ______ day of ______________ 200__, by __________________________________, as _________________________________.


_________________________________Notary Public

(SEAL)CITY OF BOULDER

___________________________________City Manager

ATTEST:





INSTRUCTIONS FOR AMENDMENT TEMPLATE

1. PURPOSE: This form is to be used when the terms of the original contract have changed, for exampled the scope of work has been expanded or the schedule has changed.

2. SIGNATURE: Have the contractor sign the document prior to routing for City Manager’s signature; Contractor’s signature must be notarized.

Sample Notary Block


COUNTY OF BOULDER )



_____________________ Notary Public

(seal)

3. ATTACHMENTS: Please mark and attach any exhibits or attachments that are referenced in the body of the contract.

4. DELETE THIS PAGE WHEN YOUR CONTRACT IS COMPLETE


AMENDMENT TO [NAME OF ORIGINAL CONTRACT]DATED ________________

This Amendment is made as of the ______ day of ______________, 20__, by and between the City of Boulder, Colorado, a Colorado home rule city (“City"), and [NAME OF CONTRACTOR OR CONSULTANT] _________________ ( “Contractor”).

The City and Contractor entered into a Contract dated_________________________, to [DESCRIBE PURPOSE OF THE ORIGINAL CONTRACT]________________________; and

B. The parties wish to amend the terms of the Contract and to clarify the promises and obligations of the parties.

NOW THEREFORE, in consideration of the promises and obligations set forth below, the parties agree to amend the Contract as follows:

1. The parties agree to abide by the terms of the Contract, except as modified by this Amendment.

2. Section ___ of the Contract is replaced by the following section, to read:

i. [ADD IN NEW CONTRACT LANGUAGE HERE]

[OR YOU MAY BE ADDING PROVISIONS TO AN CONTRACT]

3. Section ___ of the Contract, is expanded to include the following additional provisions, which read as follows:

i. [ADD IN EXPANDED PROVISIONS]

4. Except as amended herein, the Contract shall remain in full force and effect.

IN WITNESS WHEREOF, the parties have set their hands to this Contract on the day and year above first written.

[SIGNATURE PAGE FOLLOWS]

/tt/file_convert/5b57adc97f8b9a88698b5679/document.docJune 2008

THIS AMENDMENT is entered into as of the ____ day of ________________, 20__.

CONTRACTOR

By: __________________________________Title: _________________________________


COUNTY OF BOULDER )

Acknowledged before me, a notary public, this ______ day of ______________ 20__, by __________________________________, as _________________________________.


______________________________________Notary Public

(SEAL)

CITY OF BOULDER

_______________________________________City Manager

ATTEST:




CITY OF BOULDER

SERVICES CONTRACT

THIS CONTRACT made and entered into this _____ day of ________, 20__, by and between the CITY OF BOULDER, hereinafter referred to as the "City," and ______________________________, hereinafter referred to as the "Contractor."


RECITALS:

WHEREAS, the City is desirous of contracting with one company for ______________________________ for the period from _______________ to _______________, inclusive; and

WHEREAS, the Contractor has submitted the lowest and best bid for said ______________________________.

NOW, THEREFORE, in consideration of the terms, conditions and covenants herein stated, the parties agree as follows:

1. The City agrees to use the Contractor's services in connection with ______________________________ needed and required by it during the period from _________________ to _______________, inclusive, and the Contractor covenants and agrees to provide said services as required and requested by the City during said period.

2. It is agreed that the request for bids, the specifications, and the Contractor's proposal, copies of which are hereto attached, are hereby made a part of this Contract, and each of the parties hereto agrees to carry out and perform all of the provisions of said documents upon its part to be performed. In the event of conflicts or inconsistencies between this Contract and its exhibits or attachments, such conflicts or inconsistencies shall be resolved by reference to the documents in the following order of priority:

A) The Contract;B) The request for bids and specifications; andC) The Contractor's proposal.

3. City agrees to pay for said services and materials the prices as set forth in the Contractors proposal.

4. Payment by the City shall be made upon receipt of invoices from the Contractor, which

shall be subject to verification as to the cost of materials used, and the time spent in

performance of the services. The City shall not be liable for payment for services or

materials which do not conform to the Contract documents.

5. The work to be done under this Contract and under the specifications above referred to shall include the furnishings of all materials, labor and equipment therefor.

6. The Contractor agrees that it shall perform all said services and supply the necessary materials to the entire satisfaction of the director of the department requesting said


work. All material used and all labor performed shall be subject to the inspection and approval or rejection of the director of the department requesting said work, or his or her authorized agent.

7. The City hereby reserves the right to decide all questions arising as to the proper

performance of said services, and as to the quality of the materials used. In the event that the

City shall determine that the services are not being performed in accordance with the terms

of this Contract, or, if the services be wholly, or in part, negligently, or improperly

performed, then written notice of such defect or defects shall be given to the Contractor.

In the event that such defect or defects are not remedied within a reasonable time from the date notice is given, the City may, at its option, declare the Contractor to be in default, either as to the particular work performed and declared to be defective, or as to the entire Contract. In the event the City should declare the Contract to be in default only as to the particular work performed and declared defective, then the City may relet such portion and the costs incurred in consequence of such default may be applied in payment of any money due and owing to the Contractor. If there shall not be a sufficient sum due from the City, then in such case, the costs incurred shall be a just claim against the Contractor and shall be recoverable in any court of competent jurisdiction.

In the event that a default is declared as to work performed and declared defective, it is agreed and understood that such declaration of default shall not in any way relieve the Contractor from any liability for non-performance of the covenants and agreements of this Contract, but the same shall be and remain valid and binding obligations against the Contractor. As to work not declared to be in default, Contractor agrees to complete the same under the terms of this Contract.

8. Contractor agrees to procure and maintain in force during the terms of this Agreement, at its own cost, the following minimum coverages:


i) State of Colorado: Statutoryj) Applicable Federal: Statutoryk) Employer’s Liability: $100,000 Each Accident


l) Waiver of Subrogation



iv. Bodily Injury & Property Damage General Aggregate Limit

$1,000,000v. Personal & Advertising Injury Limit $1,000,000

vi. Each Occurrence Limit $1,000,000

The policy shall be on an Occurrence Form and include the following coverages: Premises Operations; Personal and Advertising Injury; Medical Payments; Liability assumed under an Insured Contract; Independent Contractors; and Broad Form Property Damage. Coverage provided should be at least as broad as found in Insurance Services Office (ISO) form CG0001.

C. Commercial Automobile Liability Limits

d) Bodily Injury & Property Damage Combined Single Limit

$1,000,000e) Medical Payments per person $

5,000 f) Uninsured/Underinsured Motorist $

100,000

Coverage is to be provided on Business Auto, Garage, or Truckers form. Coverage provided should be at least as broad as found in ISO form CA0001 (BAP), CA0005 (Garage) or CA0012 (Trucker) including coverage for owned, non-owned, & hired autos.




The City of Boulder reserves the right to reject any insurer it deems not financially acceptable by insurance industry standards. Property and Liability Insurance Companies shall be licensed to do business in Colorado and shall have an AM Best rating of not less than A- VI.


9. The Contractor agrees to indemnify and save harmless the City against any and all damages to property or injuries to or death of any person or persons arising from its performance of this Contract, including property and employees or agents of the City and shall defend, indemnify and save harmless the City from any and all claims, demands, suits, actions or proceedings of any kind or nature, including without limitation Worker's Compensation claims, of or by anyone whomsoever in any way resulting from or arising out of the Contractor's operations in connection with this Contract, including operations of sub-contractors and acts or admissions of employees or agents of the Contractor or its sub-contractor.

10. Notwithstanding any other provision of this Contract to the contrary, no term or condition of this Contract shall be construed or interpreted as a waiver, express or implied, of any of the immunities, rights, benefits, protection, or other provisions of the Colorado Governmental Immunity Act, Section 24-10-101 et seq., C.R.S., as now or hereafter amended. The parties understand and agree that liability for claims for injuries to persons or property arising out of negligence of the City, its departments, institutions, agencies, boards, officials and employees is controlled and limited by the provisions of Section 24-10-101 et seq., C.R.S., as now or hereafter amended.

11. The relationship between the Contractor and the City is that of an independent contractor. The Contractor shall supply all personnel, equipment, materials and supplies at its own expense, except as specifically set forth herein. The Contractor shall not be deemed to be, nor shall it represent itself as, an employee, partner, or joint venturer of the City. No employee or officer of the City shall supervise the Contractor. The Contractor is not entitled to worker’s compensation benefits and is obligated to directly pay federal and state income tax on money earned under this Contract.

12. The Contractor agrees that it will not cause or permit any claims in the nature of mechanic's liens for materials or labor placed or used under the terms of this Contract to be filed or served upon the City; and the Contractor hereby guarantees to indemnify and save harmless the City against any and all such claims for liens which may be filed or asserted against any of the work done hereunder.

13. The City agrees that the Contractor shall not be liable for any delay or non-performance

due to the failure of the source of supply from which the Contractor obtains the materials to

make delivery, or due to delays in transportation, labor strikes, floods, fires, acts of God, or

to the acts or regulations of any governmental entity or any branch or agency thereof. The

Contractor however, shall not be excused from liability for delays or non-performance

caused by events or conditions within its control, nor for delays or non-performance which it

could have foreseen and avoided, prevented or significantly ameliorated by exercising

reasonable prudence or diligence, nor for any delays or non-performance caused in whole or

in part by the Contractor itself.


14. In the event of delay or non-performance by the Contractor for any reasons set forth in paragraph 13 of this Contract, or for any other reason, the City shall be free to obtain said services from other sources without incurring liability or damages to the Contractor therefor.

15. The Contractor shall not assign this Contract without the written consent of the City, which it may withhold at its sole discretion.

16. This Contract shall be subject to the provisions of the Charter, Municipal Code and Ordinances of the City of Boulder.

17. This Contract may be terminated by either party if it has been materially breached by the other party and proper notification is tendered. Notification of intent to terminate this Contract shall be given in writing thirty (30) days prior to the date of termination.

18. The City reserves the right to extend the Contract for additional one year terms, and may grant up to four one year extensions if mutually agreeable by both parties and conditions remain constant. Contract renewals shall be in writing and signed by both parties.

19. It is expressly understood and agreed that the enforcement of the terms and conditions of this Contract and all rights of action relating to such enforcement, shall be strictly reserved to the City and the Contractor. Nothing contained in this Contract shall give or allow any claim or right of action whatsoever by any other third person. It is the express intention of the City and the Contractor that any such party or entity, other than the City or the Contractor, receiving services or benefits under this Contract shall be deemed an incidental beneficiary only.

20. The waiver of any breach of a term, provision, or requirement of this Contract shall not be construed or deemed as waiver of any subsequent breach of such term, provision, or requirement, or of any other term, provision, or requirement.

21. This Contract is intended as the complete integration of all understandings between the

parties. No prior or contemporaneous addition, deletion, or other amendment hereto shall

have any force or effect whatsoever, unless embodied herein in writing. No subsequent

notation, renewal, addition, deletion, or other amendment hereto shall have any force or

effect unless embodied in a writing executed and approved by the City pursuant to City rules.

22. The Contractor certifies that the Contractor shall comply with the provisions of section 8-17.5-101 et seq., C.R.S. The Contractor shall not knowingly employ or contract with


an illegal alien to perform work under this contract or enter into a contract with a subcontractor that fails to certify to the Contractor that the subcontractor shall not knowingly employ or contract with an illegal alien to perform work under this contract.

The Contractor represents, warrants, and agrees (i) that it has confirmed the employment eligibility of all employees who are newly hired for employment to perform work under this contract through participation in either the E-Verify or the Department Program; (ii) that the Contractor is prohibited from using either the E-Verify Program or the Department Program procedures to undertake preemployment screening of job applicants while the public contract for services is being performed; and (iii) if the Contractor obtains actual knowledge that a subcontractor performing work under the public contract for services knowingly employs or contracts with an illegal alien, the contractor shall be required to:

a) Notify the subcontractor and the contracting state agency or political subdivision within three days that the contractor has actual knowledge that the subcontractor is employing or contracting with an illegal alien; and b) Terminate the subcontract with the subcontractor if within three days of receiving the notice required pursuant to 8-17.5-102(2)(b)(III)(A) the subcontractor does not stop employing or contracting with the illegal alien; except that the contractor 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.

The Contractor further agrees that it shall comply with all reasonable requests made in

the course of an investigation under section 8-17.5-102(5), C.R.S. by the Colorado Department of Labor and Employment. If the Contractor fails to comply with any requirement of this provision or section 8-17.5-101 et seq., C.R.S. the City may terminate this contract for breach and the Contractor shall be liable for actual and consequential damages to the City.

23. Contractor warrants that the individual executing this Contract is properly authorized to bind the Contractor to this Contract.

IN WITNESS WHEREOF, the parties hereto have signed this Contract effective as of the day and year first written above.

CONTRACTOR

By: __________________________Title: _________________________

STATE OF COLORADO ) ) ss.COUNTY OF BOULDER )

The foregoing instrument was acknowledged before me, a notary public, this ______ day of __________________, 20___, by __________________, as ______________.

Witness my hand and official seal.


My commission expires: _____________________________

(SEAL) Notary Public


CITY OF BOULDER

ATTEST: _____________________________City Manager




CITY OF BOULDERMATERIALS CONTRACT

THIS CONTRACT made and entered into this day of , 20___, by and between the CITY OF BOULDER, hereinafter referred to as the “City,” and ____________, hereinafter referred to as the “Contractor.”

RECITALS:

WHEREAS, the City is desirous of contracting with one supplier for the purchase of ________________________ for the period from to ________________, inclusive; and

WHEREAS, the Contractor has submitted the lowest and best bid for the sale of said ____________________.

NOW, THEREFORE, IN CONSIDERATION OF THE TERMS, CONDITIONS, AND COVENANTS HEREIN CONTAINED, the parties agree as follows:

1. The City hereby agrees to purchase the needed and required by it during the period from to , inclusive, from the Contractor, and the Contractor agrees to furnish, supply and deliver to the City said needed, required and ordered during said period.

2. It is agreed that the request for bids, the specifications, and the Contractor's proposal, copies of which are hereto attached, are hereby made a part of this Contract; and each of the parties hereto agrees to carry out and perform each and all of the provisions of said documents upon its part to be performed. In the event of conflicts or inconsistencies between this Contract and its exhibits or attachments, such conflicts or inconsistencies shall be resolved by reference to the documents in the following order of priority:


A) The Contract;B) The request for bids and specifications; andC) The Contractor’s proposal.

3. The City agrees to pay for said materials the price as set forth in the Contractor's proposal.

4. Payment by the City shall be made upon receipt of invoices from the Contractor, which shall be subject to verification as to quantities and qualities. The materials so delivered shall conform to specifications provided in the above mentioned documents, and the City shall not be liable for payment for non-conforming materials. The warranties of merchantability and fitness for a particular purpose shall apply to the materials.

5. The Contractor agrees to deliver materials to the place as designated in the request for bids. Title shall pass to the City on delivery to said designated place. Risk of loss, destruction, or damage to the materials shall be borne by the Contractor until title passes to the City.

6. The City agrees that the Contractor shall not be liable for any delay or non-performance due to the failure of the source of supply from which the Contractor obtains the materials to make delivery, or due to delays in transportation, labor strikes, floods, fires, acts of God, or to the acts or regulations of any governmental authority or any branch or agency thereof. The Contractor however, shall not be excused from liability for delays or non-performance caused by events or conditions within its control, nor for delays or non-performance which it could have foreseen and avoided, prevented or significantly ameliorated by exercising reasonable prudence or diligence, nor for any delays or non-performance caused in whole or in part by the Contractor itself.

7. In the event of delay or non-performance by the Contractor for any reasons set forth in paragraph 6 of this Contract, or for any other reason, the City shall be free to obtain said materials from other sources without incurring liability or damages to the Contractor.

8. Contractor agrees to procure and maintain in force during the terms of this Agreement, at its own cost, the following minimum coverages:


m) State of Colorado: Statutoryn) Applicable Federal: Statutoryo) Employer’s Liability: $100,000 Each Accident


p) Waiver of Subrogation



vii. Bodily Injury & Property Damage General Aggregate Limit

$1,000,000viii. Personal & Advertising Injury Limit $1,000,000

ix. Each Occurrence Limit $1,000,000



g) Bodily Injury & Property Damage Combined Single Limit

$1,000,000h) Medical Payments per person $

5,000 i) Uninsured/Underinsured Motorist $

100,000







9. The Contractor shall not assign this Contract without the written consent of the City, which it may withhold in its sole discretion.


10. This Contract shall be subject to the provisions of the Charter, Municipal Code and ordinances of the City of Boulder.

11. Notwithstanding any other provisions of this Contract to the contrary, no term or condition of this Contract shall be construed or interpreted as a waiver, express or implied, of any of the immunities, rights, benefits, protection, or other provisions of the Colorado Governmental Immunity Act, Section 24-10-101 et seq., C.R.S., as now or hereafter amended. The parties understand and agree that liability for claims for injuries to persons or property arising out of negligence of the City, its departments, institutions, agencies, boards, officials and employees is controlled and limited by the provisions of Section 24-10-101 et seq., C.R.S, as now or hereafter amended.

12. This Contract may be terminated by either party if it has been materially breached by the other party and proper notification is tendered. Notification of intent to terminate this Contract shall be given in writing thirty (30) days prior to the date of termination.

13. The City reserves the right to extend the Contract for additional one year terms, and may grant up to four one-year extensions, if mutually agreeable by both parties and conditions remain constant. Contract renewals shall be in writing and signed by both parties.

14. It is expressly understood and agreed that the enforcement of the terms and conditions of this Contract and all rights of action relating to such enforcement, shall be strictly reserved to the City and the named Contractor. Nothing contained in this Contract shall give or allow any claim or right of action whatsoever by any other third person. It is the express intention of the City and the Contractor that any such person or entity, other than the City or the Contractor, receiving services or benefits under this Contract shall be deemed an incidental beneficiary only.

15. The waiver of any breach of a term, provision, or requirement of this Contract shall not be construed or deemed as waiver of any subsequent breach of such term, provision, or requirement, or of any other term, provision, or requirement.

16. This Contract is intended as the complete integration of all understandings between the parties. No prior or contemporaneous addition, deletion, or other amendment hereto shall have any force or effect whatsoever, unless embodied herein in writing. No subsequent notation, renewal, addition, deletion, or other amendment hereto shall have any force or effect unless embodied in a writing executed and approved by the City pursuant to City rules.

17. Contractor warrants that the individual executing this Contract is properly authorized to bind the Contractor to this Contract.

[SIGNATURE PAGE FOLLOWS]


CONTRACTOR

By: __________________________Title: _________________________

STATE OF COLORADO ) ) ss.COUNTY OF BOULDER )

The foregoing instrument was acknowledged before me, a notary public, this ______ day of __________________, 20___, by __________________, as ______________.


___________________________________(SEAL) Notary Public

CITY OF BOULDER

ATTEST: ___________________________________City Manager

___________________________________City Clerk on behalf of theDirector of Finance and Record


____________________________________City Attorney’s Office

INSTRUCTIONS FOR

CONSULTING AGREEMENTS PUBLIC WORKS

1. This contract is to be used primarily by Public Works staff for a consulting

agreement with a licensed professional such as an engineer. If you are entering

into an agreement that involves the development of engineering plans and

drawings, this form should be used. This agreement is different from the City’s

standard consulting agreement as it contains language which acknowledges the


copyright of City GIS data as well as the condition that the County GIS data

cannot be shared.


(If you are not attaching all appendices, please delete references to those

appendices in the body of the Agreement)

APPENDIX A: SCOPE OF WORK (Include Project Schedule within this

appendix)


APPENDIX C: CITY'S GEOGRAPHIC DATA BASE

APPENDIX D: COUNTY DATA

3. INSURANCE:

City is named as an additional insured (except on Work’s Compensation

and Professional Liability)

A Certificate of Insurance must be attached to the Contract when routing

for signature.

4. SIGNATURE:



Sample Notary Block


COUNTY OF BOULDER )


Witness my hand and official seal.My commission expires: ______________

_____________________ Notary Public

(seal)




6. DELETE INSTRUCTIONS PAGE WHEN YOUR CONTRACT IS COMPLETE


AGREEMENT FOR CONSULTING SERVICES

THIS AGREEMENT is made this ____ day of ______________, 20__ by and

between the City of Boulder, Colorado, a Colorado home rule city (hereafter “the City”),

and _________________, (hereafter the “Consultants”).

RECITALS

A. The City desires to obtain consulting services during the period from

______________ through ____________, in connection with the procurement of

__________________ (hereafter the “Project”).

B. The Consultants provide professional consulting services to the public and

are fully qualified to perform the consulting services needed by the City in connection

with the Project.


NOW, THEREFORE, in consideration of the promises and obligations set forth

below, the City and the Consultants agree as follows:

I. SCOPE OF SERVICES

A. General.

The Consultants shall serve as the City’s professional advisors and

representatives in connection with the Project and shall consult with and advise the City

as it reasonably requires during the term of this Agreement. As a general matter, they

shall communicate with the City about the Project only through ________________, who

has been assigned by the City to the Project as Project Manager.


B. Specific Duties and Responsibilities.

In connection with the Project, the Consultants shall undertake the duties

and responsibilities and provide the services described in Appendix A, captioned AScope

of Work,@ which consists of _____ pages and is attached hereto and made a part hereof.

C. Extra Services.

Upon the express, written request of the City, the Consultants shall

perform services beyond the scope of the duties and responsibilities described in

Appendix A. The Consultants shall charge the City for such extra services, if any, in

accordance with the provisions of Subsection IV.B.

D. Documents.

All work notes, reports, documents, computer programs (non-proprietary),

computer input and output, analyses, tests, maps, surveys, or any other materials

developed specifically for the Project are and shall remain the sole and exclusive property

of the City. The Consultants, upon request by the City, agree to provide documents or

any other materials developed specifically for the Project in an electronically editable

format (for example, Word or WordPerfect). The Consultants shall not provide copies of

any material prepared under this Agreement to any other party without the prior written

consent of the City.

II. COOPERATION BY THE CITY

The City will thoroughly and as expeditiously as reasonably possible consider all

reports, sketches, drawings, specifications, proposals, and other documents prepared by

the Consultants, and it shall inform the Consultants of all decisions that it has made

which would affect the Consultants’ work under this Agreement as soon as reasonably


feasible. The City will inform the Consultants of any pending change or revision to the

Project as soon as reasonably feasible. The City will provide the Consultants with

current, updated plans, if any, for the Project as soon as reasonably feasible after they are

produced.

III. SCHEDULE

The Consultants’ services are anticipated to be provided over the course of

________________, occurring between _________________ and _______________. A

detailed project schedule is presented in Appendix A. However, it is understood by the

parties that the actual schedule may differ from what is anticipated. The City shall advise

the Consultants in writing of each change in the schedule as soon as feasible after it

becomes aware thereof, and the Consultants shall thereafter adjust the timing of their

services so as to comply with the revised schedule. The Consultants shall provide their

services at such times as are necessary in order to promote the smooth progress of the

Project.

IV. AMOUNT OF PAYMENTS TO CONSULTANTS

A. Aggregate Limits.

Unless services in addition to those specified in Section I are subsequently

agreed upon in writing, the total amount paid by the City to the Consultants pursuant to

this Agreement shall not exceed the sum of $__________.

B. Specific Charges. The Contractor’s primary employees who will

work on the Project and their billing rates are set forth Appendix B, which consists of

_____ page(s) and is attached hereto and made a part hereof. The City will pay the


Consultants on the basis of their time and direct expenses incurred in order to provide the

services required by this Agreement.

l. The charge for time shall consist of the hourly rates for the

Consultants’ employees multiplied by the number of hours and parts of hours each such

employee works directly on the Project. The time each such employee must spend

traveling in order to provide the services required by this Agreement will be charged in

the same way as his or her other time spent working on the Project. It is understood by

the parties that the rates include a surcharge intended to cover profit and overhead,

including, but not limited to, taxes, employee benefits, administrative support staff and

supplies, office rent and utilities, and insurance. The Consultants’ primary employees

who will work on the Project and their billing rates, which includes the surcharge, are set

forth in Appendix B.

2. Direct expenses incurred by the Consultants in connection

with the Project shall be charged to the City on the basis of the expenses actually incurred

by the Consultants, without any additional surcharge added by the Consultants. Such

direct expenses shall include printing costs and long-distance telephone charges. Any

direct or indirect expenses incurred by the Consultants while working on the Project that

are in common with work on other projects for other clients shall be prorated among all

those clients according to the benefit derived by each client. The City shall not pay for

the expense of the Consultants’ owned or hired automobiles used in the connection with

the Project, which shall be considered a part of the Consultants’ hourly rates.


C. Inspection of Records.

Upon reasonable, advance request, the City may inspect and copy any or

all records of the Consultants which would bear on any amounts charged to the City

pursuant to this Agreement.

V. TIME OF PAYMENTS TO CONSULTANTS

The Consultants shall bill their charges to the City periodically, but no more

frequently than once a month. Each bill shall contain a statement of the time that the

primary employees spent on the Project since the previous bill, a brief description of the

services provided by each such employee and an itemization of direct expenses for each

task.

VI. QUALIFICATIONS ON OBLIGATIONS TO PAY

Notwithstanding any other terms of this Agreement, the City may withhold any

payment (whether a progress payment or final payment) to the Consultants if any one or

more of the following conditions exists:

A. The Consultants are in default of any of their obligations under this

Agreement.

B. Any part of such payment is attributable to services which are not

performed according to this Agreement. (The City will pay for any part thereof

attributable to services performed according to this Agreement).

C. The Consultants have failed to make payments promptly to any

third parties used in the services for which the City has made payment to the Consultants.


D. The City, in its good faith judgment, determines that the portion of

the compensation then remaining unpaid will not be sufficient to complete the Project or

any task according to this Agreement. In such case, no additional payments will be due

to the Consultants until the Consultants, at their sole cost, perform a sufficient portion of

the Project or task so that the City determines that the compensation then remaining

unpaid is sufficient to complete the Project or task.

E. No partial payment shall be final acceptance or approval of that

part of the Project or task paid for, or shall relieve the Consultants of any of their

obligations under this Agreement.

VII. CONSULTANTS’ DUTIES

A. Abilities, Qualifications, Experience, and Best Efforts.

Notwithstanding anything to the contrary contained in this Agreement, the

City and the Consultants agree and acknowledge that the City enters into this Agreement

relying on the special and unique abilities of the Consultants to accomplish the Project.

The Consultants accept the relationship of trust and confidence established between them

and the City by this Agreement. The Consultants covenant with the City to use their best

efforts. The Consultants shall further the interests of the City according to the City’s

requirements and procedures, according to the highest professional standards and in

compliance with all applicable national, federal, state, municipal laws, regulations, codes,

ordinances, orders and with those of any other body having jurisdiction.

B. No Conflicts.

The Consultants represent, covenant, and agree that they have and will

undertake no obligations, commitments, or impediments of any kind that will limit or


prevent them from the timely completion of the Project, loyally and strictly according to

the best interests of the City. In case of any conflict between interests of the City and any

other entity, the Consultant shall fully and immediately disclose the issue to the City and

shall take no action contrary to the City’s interests.

C. Limitation on Public Statements and Lobbying Activity.

Consultants are retained to provide information and advice to the City that

includes confidential data, work product, and other privileged or confidential information

that is protected under pertinent laws and City policies. In order to maintain the fact and

appearance of absolute objectivity, loyalty, and professionalism, Consultants shall not,

without the prior written consent of the City, do any of the following:


contractual relationship to any third party;

2. Lobby any City agency on any pending matter while they

are under contract to the City;

3. Make any public statements or appear at any time to give

testimony at any public meeting on the subject matters with regard to which Consultant is

or was retained by the City.

To the extent that the City provides written consent for the disclosure of

information or authorizes the making of public statements, the City may impose such

conditions upon such disclosure or communications as it thinks appropriate, and

Consultants agree to comply with those conditions.

This provision shall not preclude Consultants from providing information

to law enforcement officials in connection with any criminal justice investigation.


D. Quality of Services.

The Consultants represent, covenant, and agree that all of the services that

they will furnish under this Agreement shall be of at least the standard and quality

prevailing among highly competent professionals who perform work of a similar nature

to the work described in this Agreement.

E. Accuracy of Work.

The Consultants represent, covenant, and agree that its work will be

accurate and free from any material errors. The Consultants additionally represent,

covenant, and agree that the planning for the Project will conform to all foreseeable uses

thereof. City approval shall not diminish or release the Consultants’ duties, since the City

is ultimately relying upon the Consultants’ skill and knowledge.

F. Duty to Warn.

The Consultants agree to call to the City’s attention errors in any

drawings, plans, sketches, instructions, information, requirements, procedures, and other

data supplied to the Consultants (by the City or any other party) that it becomes aware of

and believes may be unsuitable, improper, or inaccurate in a material way. However,

Consultants shall not independently verify the validity, completeness, or accuracy of such

information unless otherwise expressly engaged to do so by the City. Nothing shall

detract from this obligation unless the Consultants advise the City in writing that such

data may be unsuitable, improper, or inaccurate and the City nevertheless confirms in

writing that it wishes the Consultants to proceed according to the data as originally given.


G. Attendance at Meetings.

The Consultants shall attend such meetings on the work required by this

Agreement as the City requires. The City will give reasonable notice of any such

requirement, so that the Consultants may schedule and attend.

H. Efficiency.

The Consultants represent, covenant, and agree to furnish efficient

business administration and superintendence and perform the services required by this

Agreement in the best, most expeditious and most economical manner consistent with the

interests of the City.

I. Books and Records.

The Consultants shall keep their books and records for the Project and

reimbursable expenses according to recognized accounting principles and practices,

consistently applied. The Consultants shall make them available for the City’s inspection

at all reasonable times. The Consultants shall retain such books and records for at least

three years after completion of the Project.

J. Payment of Bills.

The Consultants shall promptly pay all bills for labor and material

performed and furnished by others in performance of the Project.

VIII. TERMINATION

A. Termination for Breach.

This Agreement may be terminated by either party for a material breach of

this Agreement by the other party not caused by any action or omission of the terminating

party by giving the other party written notice at least three days in advance of the


termination date. The termination notice shall specify in reasonable detail each such

material breach. In the event of such termination by either party, the Consultants shall

promptly deliver to the City all drawings, computer programs, computer input and output,

analysis, plans, photographic images, tests, maps, surveys, and written materials of any

kind generated in the performance of services under this Agreement up to and including

the date of termination. If this Agreement is so terminated by the Consultants, they will

be paid for all services rendered up to the date of termination, except as set forth in

Section VI above. If this Agreement is so terminated by the City, the Consultants will be

paid for all services rendered to the date of termination, except those services which, in

the City’s judgment, constituted the grounds, in whole or in part, of the notice of

termination, and except as set forth in Section VI, above. Upon such payment, all

obligations of the City to the Consultants under this Agreement shall cease.

B. Termination for Convenience.

In addition to the foregoing, this Agreement may be terminated by the

City for its convenience and without cause of any nature by giving the Consultants

written notice at least seven days in advance of the termination date. In the event of such

termination, the Consultants will be paid for all services rendered to the date of

termination, except as set forth in Section VI, above, and upon such payment, all

obligations of the City to the Consultants under this Agreement shall cease. Furthermore,

in the event of such termination, the Consultants shall promptly deliver to the City all

drawings, computer programs, computer input and output, plans, photographic images,

analyses, test, maps, surveys, and written materials of any kind generated in the


performance of their services under this Agreement up to and including the date of

termination.

IX. SUSPENSION

Without terminating this Agreement or breaching its obligations hereunder, the

City may, at its pleasure, suspend the services of the Consultants hereunder. Such

suspension may be accomplished by giving the Consultants written notice one day in

advance of the suspension date. Upon receipt of such notice, the Consultants shall cease

their work in as efficient a manner as possible so as to keep their total charges to the City

for services under this Agreement to the minimum. No work shall be performed during

such suspension except with specific prior authorization by the Project Manager. The

City recognizes that suspension and subsequent reactivation may inconvenience the

Consultants and will endeavor to provide advance notice and minimize its use. After a

suspension has been in effect for thirty days, the Consultants may terminate this

Agreement at will.

X. LAWS TO BE OBSERVED

The Consultants shall be cognizant of all federal and state laws and local

ordinances and regulations which in any manner affect those engaged or employed in the

work or which in any manner affect the conduct of the work, and of all such orders and

decrees of bodies or tribunals having any jurisdiction over the same, and shall defend, at

all times observe and comply with all such existing laws, ordinances, regulations and

decrees, and shall defend, protect and indemnify the City against any claim or liability

arising from or based on the violation of any such law, ordinance, regulation, order, or

decree, whether by itself, its subcontractors, agents, or employees.


XI. PERMITS AND LICENSES

The Consultants shall procure all permits and licenses, pay all charges, fees, and

taxes and give all notices necessary and incidental to the due and lawful prosecution of

their services under this Agreement.

XII. PATENTED DEVICES, MATERIALS AND PROCESSES

The Consultants shall hold and save harmless the City from any and all claims for

infringement, by reason of the use of any patented design, device, material, process, or

trademark or copyright and shall indemnify the City for any costs, expenses, and

damages, including court costs and attorney fees, which it might be obligated to pay by

reason of infringement at any time during the prosecution or after completion of their

services under this Agreement.

XIII. INDEPENDENT CONTRACTOR

The relationship between the Consultants and the City is that of an independent

contractor. The Consultants shall supply all personnel, equipment, materials and supplies

at their own expense, except as specifically set forth herein. The Consultants shall not be

deemed to be, nor shall they represent themselves as, employees, partners, or joint

venturers of the City. No employee or officer of the City shall supervise the Consultants.

The Consultants are not entitled to workers’ compensation benefits and are

obligated to directly pay federal and state income tax on money earned under this

Agreement.

XIV. INDEMNIFICATION

The Consultants shall be responsible for all damages to persons or property

caused by them, their agents, subcontractors, employees or representatives which may


arise from their negligent or wrongful performance of this Agreement, and shall

indemnify, hold harmless, and defend the City and its officers, agents and employees

from any claim or action brought by reason thereof. As part of this obligation, the

Consultants shall compensate the City for the time, if any, spent by its counsel in

connection with such claims or actions at the rates generally prevailing among private

practitioners in the City of Boulder for similar services. The Consultants’ obligation to

indemnify the City as set forth in this Agreement shall survive the termination or

expiration of this Agreement.

XV. INSURANCE

A. The Consultants agree to procure and maintain in force during the

terms of this Agreement, at its own cost, the following minimum coverages:

1. Workers’ Compensation and Employers’ Liability

q) State of Colorado: Statutoryr) Applicable Federal: Statutorys) Employer’s Liability: $100,000 Each Accident

$500,000 Disease-Policy Limit

$100,000 Disease-Each Employee

t) Waiver of Subrogation

2. Commercial General Liability

d) Bodily Injury & Property Damage General Aggregate Limit

$1,000,000e) Personal & Advertising Injury Limit

$1,000,000f) Each Occurrence Limit

$1,000,000


The policy shall be on an Occurrence Form and include the

following coverages: Premises Operations; Personal and Advertising Injury; Medical

Payments; Liability assumed under an Insured Contract; Independent Contractors; and

Broad Form Property Damage. Coverage provided should be at least as broad as found in

Insurance Services Office (ISO) form CG0001.

3. Professional Liability (errors and omissions)

a) Each Claim/Loss:

$1,000,000b) Aggregate:

$1,000,000

City of Boulder may require that this coverage remain in place for one year

after the project is complete.

4. Commercial Automobile Liability Limits

j) Bodily Injury & Property Damage Combined Single Limit

$1,000,000k) Medical Payments per person $

5,000 l) Uninsured/Underinsured Motorist $

100,000

Coverage is to be provided on Business Auto, Garage, or Truckers

form. Coverage provided should be at least as broad as found in ISO form CA0001

(BAP), CA0005 (Garage) or CA0012 (Trucker) including coverage for owned, non-

owned, & hired autos.


B. Coverage.

Insurance required by this Agreement shall be primary coverage, unless

otherwise specified, and shall specify that in the event of payment for any loss under the

coverage provided, the insurance company shall have no right of recovery against the

City or its insurers. All policies of insurance under this Agreement shall be provided by

a reputable insurance company or companies qualified to conduct business in Colorado.

The City reserves the right, but shall not have the duty, to reject any insurer which it finds

to be unsatisfactory and insist that the Consultants substitute another insurer that is

reasonably satisfactory to the City. Property and Liability Insurance Companies shall be

licensed to do business in Colorado and shall have an AM Best rating of not less than A-

VI. This insurance shall be maintained in full force and effect during the term of this

Agreement and for the additional periods set forth herein and shall protect the

Consultants, its agents, employees and representatives, from claims for damages for

personal injury and wrongful death and for damages to property arising in any manner

from negligent or wrongful acts or omissions of the Consultants, their agents, employees,

and representatives in the performance of the services covered herein.


C. Additional Insureds.

All Insurance policies (except Workers Compensation and Professional

Liability) shall include City of Boulder and its elected officials and employees as

additional insureds as their interests may appear. The additional insured endorsement

should be at least as broad as ISO form CG2010 for General Liability coverage and

similar forms for Commercial Auto and Umbrella Liability.

D. Automobile Coverage.

Automobile insurance shall, without limitation, cover all automobiles used

in performing any services under this Agreement.

E. Claims-Made Policies.

If coverage is to be provided on Claims Made forms, Consultants must

refer policy to the City Attorney’s Office for approval and additional requirements. In the

case of any claims-made insurance policies, the Consultants shall procure necessary

retroactive dates, Atail@ coverage and extended reporting periods to cover a period at

least two years beyond the expiration date of this Agreement. This obligation shall

survive the termination or expiration of this Agreement.

F. The Consultants shall not cancel, materially change, or fail to

renew required insurance coverages. The Consultants shall notify the Project Manager of

any material reduction or exhaustion of aggregate limits. Should the Consultants fail to

immediately procure other insurance, as specified, to substitute for any policy canceled

before final payment to the Consultants, the City may procure such insurance and deduct

its cost from any sum due to the Consultants under this Agreement.


G. Certificates.

Certificates showing that the Consultants are carrying the above-described

insurance, and the status of the additional insureds, shall be furnished to the City prior to

the execution of this Agreement by the City. Certificates of insurance on all policies

shall give the City of Boulder written notice of not less than thirty (30) days prior to

cancellation or change in coverage. The Consultants shall forthwith obtain and submit

proof of substitute insurance in the event of expiration or cancellation of coverage.

H. Non-Waiver.

The parties understand and agree that the parties are relying on, and do not

waive or intend to waive by any provision of this Agreement, the monetary limitations

(now $150,000 per person and $600,000 per occurrence) or any other rights, immunities,

and protections provided by the Colorado Governmental Immunity Act, '24-10-101, et

seq., C.R.S., as from time to time amended, or otherwise available to the parties, their

officers, or their employees.

XVI. PROHIBITIONS ON PUBLIC CONTRACTS FOR SERVICES

The Consultants certify that it shall comply with the provisions of section 8-17.5-

101 et seq., C.R.S. The Consultants shall not knowingly employ or contract with an

illegal alien to perform work under this contract or enter into a contract with a

subcontractor that fails to certify to the Consultants that the subcontractor shall not

knowingly employ or contract with an illegal alien to perform work under this contract.

The Consultants represent, warrant, and agree (i) that it has confirmed the

employment eligibility of all employees who are newly hired for employment to perform


work under this contract through participation in either the E-Verify or the Department

Program; (ii) that the Consultants are prohibited from using either the E-Verify Program

or the Department Program procedures to undertake preemployment screening of job

applicants while the public contract for services is being performed; and (iii) if the

Consultants obtain actual knowledge that a subcontractor performing work under the

public contract for services knowingly employs or contracts with an illegal alien, the

Consultants shall be required to:

a) Notify the subcontractor and the contracting state agency or political

subdivision within three days that the Consultants has actual knowledge that the

subcontractor is employing or contracting with an illegal alien; and

b) Terminate the subcontract with the subcontractor if within three days of

receiving the notice required pursuant to 8-17.5-102(2)(b)(III)(A) the

subcontractor does not stop employing or contracting with the illegal alien; except

that the Consultants 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.

The Consultants further agree that it shall comply with all reasonable requests

made in the course of an investigation under section 8-17.5-102(5), C.R.S. by the

Colorado Department of Labor and Employment. If the Consultants fail to comply with

any requirement of this provision or section 8-17.5-101 et seq., C.R.S. the City may

terminate this contract for breach and the Consultants shall be liable for actual and

consequential damages to the City.


XVII. CITY GEOGRAPHIC DATA BASE

If, in connection with the Project, the City allows the Consultant access to

or use of any portion of the City's Geographic Data Base, the rights and obligations of the

parties with respect to the dissemination and use of the City's Geographic Data Base shall

be as stated in Appendix C City's Geographic Data Base, which consists of two (2)

pages and is attached hereto and made a part hereof.

XVIII. COUNTY ELECTRONIC DATA

If, in connection with the Project, the City allows the Consultant access to

or use of any data in electronic format (Data), which has been provided to the City by the

County of Boulder, Colorado, the rights and obligations of the parties with respect to the

dissemination and use of the Data shall be as stated in Appendix D - County Data, which

consists of one (1) page and is attached hereto and made a part hereof.

XIV. INTEGRATION

This document constitutes the entire agreement between the City and the

Consultants and incorporates all prior verbal and written communications between the

parties concerning the subject matter included herein.

XX. NO ASSIGNMENT

Neither party shall assign, sublet, or transfer any interest in this Agreement

without the written consent of the other.

XXI. AMENDMENT IN WRITING

No amendment or modification shall be made to this Agreement unless it is in

writing and signed by both parties.


XXII. GOVERNING LAW AND VENUE

This Agreement is governed by the laws of the State of Colorado. Any suit

between the parties arising under this Agreement shall be brought only in a court of

competent jurisdiction for the Twentieth Judicial District of the State of Colorado.

XXIII. NO THIRD PARTY BENEFICIARIES

The parties intend no third party beneficiaries under this Agreement. Any person

other than the City or the Consultants receiving services or benefits under this Agreement

is an incidental beneficiary only.

XXIV. FINANCIAL OBLIGATIONS OF THE CITY

All financial obligations of the City under this Agreement are contingent upon

appropriation, budgeting, and availability of specific funds to discharge such obligations.

Nothing in this Agreement shall be deemed a pledge of the City’s credit, or a payment

guarantee by the City to the Consultants.

XXV. NO WAIVER

No waiver of any breach or default under this Agreement shall be a waiver of any

other or later breach of default.

XXVI. AUTHORITY

Consultants warrant that the individual executing this Agreement is properly

authorized to bind the Consultants to this Agreement.

[SIGNATURE PAGE TO FOLLOW]


IN WITNESS WHEREOF, the parties hereto have signed this Agreement ef-

fective as of the day and year first above written.

CONSULTANTS

By: _____________________________Title: ____________________________


COUNTY OF BOULDER )

Acknowledged before me, a notary public, this ______ day of ______________

200__, by __________________________________, as

_________________________________.


________________________________________Notary Public

(SEAL)

CITY OF BOULDER

________________________________________City Manager

ATTEST:

__________________________________City Clerk on behalf of theDirector of Finance and Record


__________________________________City Attorney’s Office


APPENDIX A

SCOPE OF WORK


APPENDIX BCONSULTANTS PERSONNEL AND BILLING RATES


APPENDIX CCITY'S GEOGRAPHIC DATA BASE

This Appendix C is incorporated into the underlying engineering/consulting contract of which it forms a part. For the purposes of this Appendix C, the Consultant is the consultant, engineer, or other professional which is the second party in the underlying contract with the City for professional services.

1. Purpose. The purpose of this Appendix is to define the rights and obligations of the parties with respect to the use by Consultant of the City's Geographic Data Base (DATA) or a portion thereof with which it will be supplied by City in furtherance of the underlying Consulting Contract. The DATA was and is being developed with a significant expenditure of public funds.

A. Consultant shall only use the DATA for purposes in connection with its obligations under the Consulting Contract.

B. Consultant shall keep a record of the location of each copy.

C. Consultant may not use, copy, modify, assign or transfer the DATA or any copy, modification or merged portion thereof; in whole or in part, except as expressly provided for in this Appendix. If Consultant transfers possession of any copy, modification or merged portion of the DATA to another party, the rights granted under the terms of this Agreement are automatically terminated.

D. Consultant shall not, in whole or in part, assign, sublease, extend, absorb or otherwise transfer its rights under the Consulting Contract or any right granted under this Appendix. Consultant may make copies, BUT ONLY FOR USE BY ITS OWN PERSONNEL AS NEEDED TO SATISFY ITS OBLIGATIONS TO CITY UNDER THE CONSULTING CONTRACT, and pursuant to the terms of this Agreement.

2. DATA - For the purposes of this Agreement the DATA shall be as shown in the attached Exhibit A.

3. Term. Regardless of the date of execution hereunder, this Agreement shall be in effect from the date of Consultant's receipt, in digital form, of any portion of the City's DATA until the return or certified destruction of the DATA by Consultant, unless earlier terminated by law or according to the terms herein.

4. Ownership. The DATA is the property of City and City reserves all rights of ownership, title and control to the DATA under common law, federal copyright law or other law relating to confidential and/or trade secret information. The parties agree that the development of the DATA required the skilled efforts of professionals in its design and compilation and the end product is the result of the original work of City, its


employees and agents. Pursuant to Colorado law, the DATA is a trade secret of City and may only be used as authorized herein.

5. Obligation of Confidentiality.Consultant acknowledges and agrees that City reserves all rights of ownership, title and control of the DATA. Consultant agrees that it will treat the DATA as confidential and trade secret information. Consultant shall not under any circumstances disclose or disseminate the DATA or any portion thereof to 1) any other (including governmental, educational or non-profit) person, firm or entity or organization except as expressly authorized herein or 2) any employee of Consultant who does not need access thereto in connection with the Consulting Contract. Consultant will use its best efforts to keep and maintain the DATA in a secure manner so as to preclude unauthorized use, dissemination, or disclosure.

6. Assistance. At the request of the City, Consultant shall use good faith and reasonable efforts to assist the City in identifying any use, copying, or disclosure of the DATA by any current or former Consultant personnel - or anyone else who may have come in possession of the DATA while the same was in Consultant's possession - in any manner that is contrary to the provisions of this Agreement so long as the City shall have provided Consultant with information reasonably justifying the conclusion of the City that such contrary use may have occurred.

7. Survival of Confidentiality Obligation. Consultant's obligations respecting confidentiality of the DATA shall survive termination of this Agreement.

8. Injunctive Relief. Consultant acknowledges and agrees that disclosure or use of the DATA in breach of this Amendment could cause irreparable harm and significant injury to City, which may be difficult to measure with certainty or to compensate through damages. Accordingly, Consultant agrees that City may seek and obtain against City and/or any other person or entity, injunctive relief for the breach or threatened breach of any of the terms and conditions of this Agreement, in addition to any other equitable or legal remedies which may be available to City.

9. Termination. Upon termination of this Agreement, Consultant shall, within five (5) days, return the DATA, with any additions and modifications, to City and shall certify, in writing, that all other copies thereof have been destroyed.

10. Updates/Additions to DATA. The terms of this Agreement shall apply to Consultant's receipt of the DATA or any portion thereof, whether prior to, concurrent with or subsequent to the date of execution. Portions of the DATA received after execution of this Agreement shall be covered the same as if originally included herein.


Exhibit A to Appendix C of City of Boulder Consulting Contract

City Data

1. 1993 Aerial Photography, AutoCAD Planimetric and Contour Drawings developed by Merrick & Co.

2. 2003 Digital Aerial Photography, Digital Terrain Model and Contours, ArcInfo coverage developed by Merrick & Co.

3. 2005 Imperious Surfaces; Arc Info coverage developed by VarGIS Inc.

4. Property Boundaries; ArcInfo coverage developed by City of Boulder.

5. Street Centerlines; ArcInfo coverage developed by Merrick & Co.

6. Floodplain Mapping; ArcView shapefiles developed by City of Boulder

7. Wetlands; ArcView shapefiles developed by City of Boulder.

8. Easements; ArcInfo coverage generated by Merrick & Co.

9. Water Distribution, Sanitary Sewer, Storm Drainage and Telecommunications; AutoCAD drawings developed by City of Boulder.


APPENDIX DCOUNTY DATA

As part of the engineering or consulting contract of which this Appendix Dis a

part, the City will be providing to the engineer/consultant certain data in electronic format

("Data") which has been provided to the City by the County of Boulder, Colorado

("County"), under a LICENSE AND EXCHANGE AGREEMENT FOR GEOGRAPHIC

DATA dated October 25, 1994 ("County License"), which County License is attached

hereto and incorporated into this Agreement. Engineer/Consultant agrees to treat County

Data in strict accordance with the terms of the County License, and further agrees that the

terms of the County License are enforceable against it by the City or by Boulder County,

Colorado, in case of breach by engineer/consultant of the County License.

Engineer/consultant's obligations under the County License with respect to County Data

include, but are not limited to, maintaining the confidentiality and trade secret nature of

the Data, limiting access to the Data to employees of the engineer/consultant with a need

to know, limiting copies of the Data, segregating the Data and not commingling it with

other data, insuring that the disclaimer and copyright information appears whenever the

Data are displayed, using the Data for no purpose other than specified in the underlying

contract with the City, and returning to the City or destroying all copies of the Data upon

termination of the contract with the City.

FORMATTED INSURANCE PROVISIONS

THIS CAN BE INSERTED IN MOST DEPARTMENTAL TEMPLATES. FORMATTING MAY NEED TO BE MODIFIED TO FIT WITH DEPARTMENT

TEMPLATE.


*NOT FOR USE WITH CONSULTING OR CONSTRUCTION CONTRACTS*

#. INSURANCE. Contractor agrees to procure and maintain in force during the terms of this Agreement, at its own cost, the following minimum coverages:


i. State of Colorado: Statutory

ii. Applicable Federal: Statutory

iii. Employer’s Liability $100,000 Each Accident

$500,000 Disease-Policy Limit

$100,000 Disease-Each Employee

iv. Waiver of Subrogation

B. Commercial General Liabilityi. Bodily Injury & Property Damage

General Aggregate Limit:$1,000,000

ii. Personal & Advertising Injury Limit: $1,000,000

iii. Each Occurrence Limit $1,000,000



i. Bodily Injury & Property Damage Combined Single Limit:

$1,000,000

ii. Medical Payments per person: $ 5,000

iii. Uninsured/Underinsured Motorist $ 100,000



Prior to the execution of this Contract by the City, the Contractor shall forward Certificates of Insurance to the Project Manager. The insurance required shall be procured and maintained in full force and effect for the duration of the Contract. Certificate Holder shall be the City of Boulder at 1777 Broadway, P.O. Box 791, Boulder, CO 80306.





PURCHASING

Established Contracts & Pricing Agreements

Annual Pricing & Contract Agreement Catalog

City Wide Material & Service Contracts Consulting Agreement Catalog

City Wide Continuing Services ContractsPre-Qualified Vendor Catalog

City Wide On Call Services Less than 50K Emergency Vendor List (coming soon)

Bidding Procedures & Exceptions

Construction Contracts (Capital

BFS - Purchase Orders & Purchasing Inquries

Creating New Purchase Orders Requisitions

Commodity Codes

Delivery Address

Documentation

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http://intraweb.ci.boulder.co.us/finance/purchasing/bcapcon.htm

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http://intraweb.ci.boulder.co.us/finance/purchasing/Doc1_003.htm

http://intraweb.ci.boulder.co.us/finance/purchasing/frames_Doc2_003.htm

Improvements)

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Formal Bids & RFPs (over 50K)

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Sole / Single Source Over 10K without competative selection

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Test Table


http://intraweb.ci.boulder.co.us/finance/purchasing/SortableTable.htm

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http://intraweb.ci.boulder.co.us/finance/bfs_qrg/purchasing/bencumb.htm

http://intraweb.ci.boulder.co.us/finance/purchasing/documents/credit_app.pdf

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http://intraweb.ci.boulder.co.us/finance/purchasing/bbidpro.htm

http://intraweb.ci.boulder.co.us/finance/purchasing/bpoemgy.htm

http://intraweb.ci.boulder.co.us/finance/purchasing/bvesole.htm

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http://intraweb.ci.boulder.co.us/finance/purchasing/bbprupos.htm

