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HomeMy WebLinkAboutContract - Foster & Dirt Construction LLC - BID - 9945 Hauling Services 2024DocuSign Envelope ID: 7FE8536E-FB7B-4E12-A6B7-7180F54B3DDD DocuSign Envelope ID: 7FE8536E-FB7B-4E12-A6B7-7180F54B3DDD BID 9945 Hauling Services 2024 Page 20 of 23 consent of the City. 11. Acceptance Not Waiver. The City's approval or acceptance of, or payment for any of the services shall not be construed to operate as a waiver of any rights or benefits provided to the City under this Agreement or cause of action arising out of performance of this Agreement. 12. Warranty. The Service Provider represents and warrants that all services provided hereunder will be performed in a good and workmanlike manner and in conformance to the requirements of this Agreement. Service Provider further warrants that as of the Effective Date it has, and that at all times during the term hereof it shall have and maintain, at its sole expense, all licenses, certifications, approvals, insurance, permits, and other authorizations required by law to perform its obligations hereunder. Any revocation, withdrawal or non- renewal of licenses, certifications, approvals, insurance, permits or any such similar requirements necessary for Service Provider to properly perform the terms of this Agreement is a material breach by Service Provider and constitutes grounds for termination of this Agreement. 13. Default. Each and every term and condition hereof shall be deemed to be a material element of this Agreement. In the event either party should fail or refuse to perform according to the terms of this agreement, such party may be declared in default thereof. 14. Remedies. In the event a party has been declared in default, such defaulting party shall be allowed a period of ten (10) days within which to cure said default. In the event the default remains uncorrected, the party declaring default may elect to (a) terminate the Agreement and seek damages; (b) treat the Agreement as continuing and require specific performance; or (c) avail himself of any other remedy at law or equity. If the non-defaulting party commences legal or equitable actions against the defaulting party, the defaulting party shall be liable to the non-defaulting party for the non-defaulting party's reasonable attorney fees and costs incurred because of the default. 15. Binding Effect. This writing, together with the exhibits hereto, constitutes the entire agreement between the parties and shall be binding upon said parties, their officers, employees, agents and assigns and shall inure to the benefit of the respective survivors, heirs, personal representatives, successors and assigns of said parties. 16. Indemnity/Insurance. a. The Service Provider agrees to indemnify and save harmless the City, its officers, agents and employees against and from any and all actions, suits, claims, demands or liability of any character whatsoever brought or asserted for injuries to or death of any person or persons, or damages to property arising out of, result from or occurring in connection with the performance of any service hereunder. b. The Service Provider shall take all necessary precautions in performing the work hereunder to prevent injury to persons and property. c. Without limiting any of the Service Provider's obligations hereunder, the Service Provider shall provide and maintain insurance coverage naming the City as an additional insured DocuSign Envelope ID: 7FE8536E-FB7B-4E12-A6B7-7180F54B3DDD BID 9945 Hauling Services 2024 Page 21 of 23 under this Agreement of the type and with the limits specified within Exhibit C, consisting of two (2) pages, attached hereto and incorporated herein by this reference. In the event the Service Provider is exempt from Workers’ Compensation, the Service Provider shall complete Exhibit D – Certificate of Exemption from Statutory Workers’ Compensation Law and Acknowledgement of Risk/Hold Harmless Agreement, consisting of one (1) page, attached hereto and incorporated herein by this reference. The Service Provider, before commencing services hereunder, shall deliver to the City's Purchasing Director, P. O. Box 580, Fort Collins, Colorado 80522, one copy of a certificate evidencing the insurance coverage required from an insurance company acceptable to the City. 17. Entire Agreement. This Agreement, along with all Exhibits and other documents incorporated herein, shall constitute the entire Agreement of the parties. Covenants or representations not contained in this Agreement shall not be binding on the parties. 18. Law/Severability. The laws of the State of Colorado shall govern the construction interpretation, execution and enforcement of this Agreement. In the event any provision of this Agreement shall be held invalid or unenforceable by any court of competent jurisdiction, such holding shall not invalidate or render unenforceable any other provision of this Agreement. 19. Prohibition Against Unlawful Discrimination. The City of Fort Collins, in accordance with the provisions of Title VI of the Civil Rights Act of 1964 (78 Stat. 252, 42 US.C. §§ 2000d to 2000d-4) and the Regulations, hereby notifies all bidders that it will affirmatively ensure that any contract entered into pursuant to this advertisement, disadvantaged business enterprises will be afforded full and fair opportunity to submit bids in response to this invitation and will not be discriminated against on the grounds of race, color, or national origin in consideration for an award. The City strictly prohibits unlawful discrimination based on an individual’s gender (regardless of gender identity or gender expression), race, color, religion, creed, national origin, ancestry, age 40 years or older, marital status, disability, sexual orientation, genetic information, or other characteristics protected by law. For the purpose of this policy “sexual orientation” means a person’s actual or perceived orientation toward heterosexuality, homosexuality, and bisexuality. The City also strictly prohibits unlawful harassment in the workplace, including sexual harassment. Further, the City strictly prohibits unlawful retaliation against a person who engages in protected activity. Protected activity includes an employee complaining that he or she has been discriminated against in violation of the above policy or participating in an employment discrimination proceeding. The City requires its Service Providers to comply with the City’s policy for equal employment opportunity and to prohibit unlawful discrimination, harassment and retaliation. This requirement applies to all third-party Service Providers and their subcontractors at every tier. 20. Public Contracts for Services. The Service Provider verifies, warrants, and agrees that it is aware of, and if applicable shall comply with, C.R.S. Sec. 8-17.6-101 and -102 in its employment, contracting and subcontracting practices with respect to performing work under this Agreement. In the event the Service Provider fails to comply with any requirements of C.R.S. Sec. 8-17.6-101 and -102, the City may terminate this Agreement for breach and, if DocuSign Envelope ID: 7FE8536E-FB7B-4E12-A6B7-7180F54B3DDD DocuSign Envelope ID: 7FE8536E-FB7B-4E12-A6B7-7180F54B3DDD DocuSign Envelope ID: 7FE8536E-FB7B-4E12-A6B7-7180F54B3DDD 3/27/2024 DocuSign Envelope ID: 7FE8536E-FB7B-4E12-A6B7-7180F54B3DDD DocuSign Envelope ID: 7FE8536E-FB7B-4E12-A6B7-7180F54B3DDD DocuSign Envelope ID: 7FE8536E-FB7B-4E12-A6B7-7180F54B3DDD DocuSign Envelope ID: 7FE8536E-FB7B-4E12-A6B7-7180F54B3DDD DocuSign Envelope ID: 7FE8536E-FB7B-4E12-A6B7-7180F54B3DDD DocuSign Envelope ID: 7FE8536E-FB7B-4E12-A6B7-7180F54B3DDD DocuSign Envelope ID: 7FE8536E-FB7B-4E12-A6B7-7180F54B3DDD DocuSign Envelope ID: 7FE8536E-FB7B-4E12-A6B7-7180F54B3DDD DocuSign Envelope ID: 7FE8536E-FB7B-4E12-A6B7-7180F54B3DDD DocuSign Envelope ID: 7FE8536E-FB7B-4E12-A6B7-7180F54B3DDD