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DocuSign Envelope ID:7FFCOE71-7C9F-498C-9A8A-D9969FBC8D7D <br /> city of <br /> /�F&t Collins OlficialPurchasing Document �^r� <br /> � Last updated 1012017 > <br /> pursuant to this Agreement shall be initiated as specified by each written Work Order or <br /> oral emergency service request. Oral emergency service requests will be acted upon <br /> without waiting for a written Work Order. Time is of the essence. <br /> 4. Contract Period. This Agreement shall commence February 15, 2021 and shall continue <br /> in full force and effect until February 14, 2022, unless sooner terminated as herein <br /> provided. In addition, at the option of the City, the Agreement may be extended for <br /> additional one year periods not to exceed four (4) additional one year periods. Renewals <br /> and pricing changes shall be negotiated by and agreed to by both parties. Written notice <br /> of renewal shall be provided to the Service Provider and mailed no later than thirty (30) <br /> days prior to contract end. <br /> 5. Delay. If either party is prevented in whole or in part from performing its obligations by <br /> unforeseeable causes beyond its reasonable control and without is fault or negligence, <br /> then the party so prevented shall be excused from whatever performance is prevented by <br /> such cause. To the extent that the performance is actually prevented, the Service <br /> Provider must provide written notice to the City of such condition within fifteen (15) days <br /> from the onset of such condition. <br /> 6. Early Termination by City/Notices. Notwithstanding the time periods contained herein, the <br /> City may terminate this Agreement at any time without cause by providing written notice of <br /> termination to the Service Provider. Such notice shall be mailed at least fifteen (15) days <br /> prior to the termination date contained in said notice unless otherwise agreed in writing by <br /> the parties. All notices provided under this Agreement shall be effective when mailed, <br /> postage prepaid and sent to the following address: <br /> Service Provider: City: Copy to: <br /> Ames Construction Inc. City of Fort Collins City of Fort Collins <br /> Attn: Trent Irick Attn: Dan Woodward Attn: Purchasing Dept. <br /> 18450 East 28th Ave. PO Box 580 PO Box 580 <br /> Aurora, CO 80011 Fort Collins, CO 80522 Fort Collins, CO 80522 <br /> In the event of early termination by the City, the Service Provider shall be paid for services <br /> rendered to the termination date, subject only to the satisfactory performance of the <br /> Service Provider's obligations under this Agreement. Such payment shall be the Service <br /> Provider's sole right and remedy for such termination. <br /> 7. Contract Sum. This is an open-end indefinite quantity Agreement with no fixed price. The <br /> actual amount of work to be performed will be stated on the individual Work Orders. The <br /> City makes no guarantee as to the number of Work Orders that may be issued or the <br /> actual amount of services which will in fact be requested. <br /> 8. Payments. <br /> a. The City agrees to pay and the Service Provider agrees to accept as full payment for <br /> all work done and all materials furnished and for all costs and expenses incurred in <br /> performance of the work the sums set forth for the hourly labor rate and material costs, <br /> Services Agreement—Work Order Type <br /> RFP 9227 CM/GC Services for Lemay Ave Realignment over the BNSF Railroad Tracks and Vine Dr Page 2 of 123 <br />