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HomeMy WebLinkAboutCORRESPONDENCE - BID - 5001 OFFICE RECYCLING PROGRAM (13)SERVICES AGREEMENT THIS AGREEMENT made and entered into the day and year set forth below by and between THE CITY OF FORT COLLINS, COLORADO, a Municipal Corporation, hereinafter referred to as the "City" and hereinafter referred to as "Service Provider". WITNESSETH: In consideration of the mutual covenants and obligations herein expressed, it is agreed by and between the parties hereto as follows: Scope of Services. The Service Provider agrees to provide services in accordance with the scope of services attached hereto as Exhibit "A", consisting of _ (_) page[s], and incorporated herein by this reference. 2. Contract Period. This Agreement shall commence nd shall / �' - continue in full force and effect until �aQcaa „unless sooner terminated as herein provided. In addition, at the option of the City, the Agreement may be extended for additional one year periods not to exceed three (3) additional one year periods. Pricing changes shall be negotiated by and agreed to by both parties and may not exceed the Denver - Boulder CPI-U as published by the Colorado State Planning and Budget Office. Written notice of renewal shall be provided to the Service Provider and mailed no later than ninety (90) days prior to contract end. 3. Delay. If either party is prevented in whole or in part from performing its obligations by unforeseeable causes beyond its reasonable control and without its fault or negligence, then the party so prevented shall be excused from whatever performance is prevented by such cause. To the extent that the performance is actually prevented, the Service Provider must provide written notice to the City of such condition within fifteen (15) days from the onset of such condition. SA 7/93 1 l) C,,,# 6 ; i k 4-r p w IJ. � - -I-)D i rt F w^-� to * c Ic LICENSES AND BUSINESS REGULATIONS to administrative regulation with proof of the same to be presented at the time of submission of the application. Any licensee who fails to provide proof of such insurance shall be prohibited from operating within or entering upon such property. (d) The licensee shall pick up and dispose of any paper, cardboard, wood or plastic container, wrap- pers or any litter which is deposited within twenty-five (25) feet of the designated location or within twenty-five (25) feet of the point of any sale or transaction made by the licensee if the ra- dius of the designated location exceeds twenty-five (25) feet. The licensee shall carry a suitable con- tainer for the placement of such litter by cus- tomers or other persons. (e) Each licensee shall maintain in safe condi- tion any vehicle, structure or device as described in (a) above, so as not to create an unreasonable risk of harm to the person or property of others. M The licensee shall not leave unattended any such vehicle, structure or device on a public right- of-way or at the designated location. (g) The licensee shall comply with the provi- sions of all applicable ordinances of the city as well as the requirements of all state and federal laws. (Ord. No. 182, 1986, § 3(73-160), 11-18-86) Sec. 15-389. Renewal. Renewal of a license shall be treated as a new application under the provisions ,of this Article. Any violation by the licensee of the provisions of § 15-388 shall be an additional factor to be consid- ered in the review and approval procedure de- scribed in § 15-385. (Ord. No. 182, 1986, § 3(73-161), 11-18-86) Sea 15-390. Transfer of license or location. If the licensee requests the transfer of a license to a new licensee or to a new location, such re- quest shall be treated as a new application. (Ord. No. 182, 1986, § 3(73-162), 11-18-86) Sec. 15-391. Suspension. If the operation of the licensee at any designated location becomes unsafe due to construction activ- § 15411 ity or other temporary condition, the license to operate at such location shall be temporarily sus- pended by the Financial Officer upon written no- tice to the licensee and shall not be reinstated un- til such time, if at all, as the operation may be safely resumed in the judgment of the Director of Engineering. Any such suspension shall not ex- tend the term of the license. (Ord. No. 182, 1986, § 3(73-163), 11-18-86) Sec. 15-392. Violations and penalties. In addition to the cancellation of any license is- sued hereunder, any person who violates the pro- visions of this Article may be punished by a fine or imprisonment or both, in accordance with § 1-15. (Ord. No. 182, 1986, § 3(73-164), 11-18-86) Cross reference —General penalty, § 1.15. See. 15-393. Administration. The Financial Officer shall administer the provi- sions of this Article and is authorized to promul- gate reasonable rules and regulations for its ad- ministration and implementation. Such rules and regulations shall include a process for obtaining input from interested parties concerning the granting of outdoor vendor licenses and the selec- tion of concessionaires. (Ord. No. 36, 1994, § 16, 3-15-94) Sees.15-394-15-410. Reserved. Sec. 15-411. Definitions. The following words, terms and phrases, when used in this Article, shall have the meanings as- cribed to them in this Section: . Collector shall mean the person or entity provid- ing collection service. *Editor's note —Prior to its repeal and reenactment by Ord. No. 116, 1990, adopted Oct. 16, 1990, Art. XV was entitled "Refuse maulers"; consisted of §§ 15.411-15-415; and was de- rived from Code 1972, §§ 54-7-54-9, 54.1% 54-13, and Ord. No. 183, 1996, § 1(54-26)—(54-30), adopted Nov. 18, 1986. Cross reference —Garbage and refuse, § 12-16 et seq. Supp. No. 35 1033 § 15-411 FORT COLLINS CODE Commercial customers shall mean any premises utilizing collection service where a commercial, industrial or institutional enterprise is carried on, including, without limitation, retail establish- ments, restaurants, hospitals, schools, day care centers, office buildings, nursing homes, clubs, churches and public facilities. Curbside shall mean at or near the perimeter of the premises, whether or not there is a curb, but does not mean or permit placement on the side- walk or in the street. If the curb and any sidewalk are of unitary construction, the term means be- hind the sidewalk. Curbside collection shall mean the collection of solid waste or recyclables placed at a curbside lo- cation or within a dumpster site. Household recycling container shall mean bags, bin -type containers, carts or bulk -volume dump- sters and plastic receptacles used for storing and setting out recyclable materials. Multifamily customers shall mean residential properties for which there is a communal system for the collection of solid waste. Recyclable materials shall mean materials which have been separated from solid waste and can be recovered as useful materials and are properly prepared for the purpose of recycling, provided that such materials have been designated by the City Manager as recyclable. Recycling shall mean the process of recovering useful materials from solid waste, including items for reuse. Refuse shall mean solid waste. Residential customers shall mean residential properties for which there is a curbside collection system for the collection of solid waste. Service shall mean collecting, transporting or disposing of solid waste or recyclable materials. Solid waste shall mean all putrescible and non- putrescible waste, excluding discarded or aban- doned vehicles or parts thereof, sewage, sludge, septic tank and cesspool pumpings or other sludge, discarded home or industrial appliances, haz- ardous wastes, materials used as fertilizers or for other productive purposes and recyclable materi- als which have been source separated ' for oollec- tion. Solid waste collector shall mean the person who provides solid waste collection service on a regu- lar, recurring schedule. Source separation shall mean to separate recy- clable materials from solid waste at the waste source. (Ord. No. 116, 1990, 10-16-90; Ord. No. 58, 1995, § 1, 6-6-95) Sec. 15-412. License requirement. (a) License required. No person shall operate as a solid waste collector within the corporate limits of the city without first obtaining a collection li- cense for such activity. (b) Exemptions. The following persons or enti- ties are not required to obtain a solid waste collec- tion license: (1) A civic, community, benevolent or charitable nonprofit organization that collects, trans- ports and markets materials for resource re- covery solely for the purpose of raising funds for a charitable, civic or benevolent activity; (2) A person who transports solid waste or recy- clable materials produced by such person; (3) A property owner or agent thereof who transports solid waste or recyclable materi- als left by a tenant upon such owner's prop- erty, so long as such property owner does not provide solid waste collection service for compensation for tenants on a regular or continuing basis; (4) A demolition or construction contractor or landscaper who produces and transports solid waste in the course of such occupation, where the solid waste produced is merely in- cidental to the particular demolition or con- struction work being performed by such per- son. supp. No. 35 1034 LICENSES AND BUSINESS REGULATIONS (c) Volume based rates. Commencing January 1, 1996, any person licensed to operate as a solid waste collector within the city shall charge all cus- tomers solely on the basis of the volume of solid waste collected, with such charge to be propor- tional to each gallon of container size; provided, however, that such charge need not be based upon the volume of solid waste deposited within each such container. In order to further ensure that the charge for the collection of solid waste is based upon volume as required above, any person li- censed as a solid waste collector shall, with respect to single-family and two-family residential cus- tomers, provide to such customers disposable bags, or labels to be affixed to nondisposable containers showing the volume of such containers, or shall establish another system for accomplishing the same purpose which is acceptable to the city. The charge for such bags, labels or other system shall be paid by the customers of the collectors, and shall be proportional to each gallon of container size. No such solid waste collector shall collect or transport solid waste which has not been placed for collection through such system or in bags or containers upon which such labels have been af- fixed. Upon emptying any such containers, the col- lector shall remove or otherwise void all such la- bels. The provisions of this subsection shall not be construed as prohibiting any collector from also establishing rules and regulations regarding the maximum weight of containers of solid waste and/or recyclable materials. (Ord. No. 116, 1990, 10-16-90; Ord. No. 58, 1995, § 2, 6-6-95) See. 15-413. Recycling requirement. (a) Curbsidelon-site collection. (1) All solid waste collectors licensed by the city shall make available to their customers, at the customer's option, curbside collection of recyclable materials as said materials are designated from time to time by the City Manager as provided in § 15-414 of this Ar- ticle. Notwithstanding the foregoing, the col- lection of recyclable materials from multi- family and/or commercial customers shall not be required if the collector determines that there is not sufficient space available to § 15-413 allow the placement of recycling containers without encroaching on needed parking ar- eas or on the sidewalk or street, or without impairing or impeding bicycle, pedestrian or vehicular traffic. The provisions of this sub- paragraph (1) as they apply to single-family and two-family residential customers shall terminate and be of no further force or effect commencing October 1, 1995. (2) Commencing October 1, 1995, all solid waste collectors licensed by the city shall provide to each single-family and two-family residen- tial customer in the city, as a part of any solid waste collection services provided by such solid waste collector, both the collection at curbside of solid waste, and recyclable ma- terials as said materials are designated from time to time by the City Manager as pro- vided in § 15-414 of this Article. No such col- lector shall be permitted to divide or dimin- ish the provision of said basic service at the request of such customer or for any other reason. (b) Collection of recyclable materials; rights and duties of collectors. All licensed collectors of recy- clable materials and solid waste operating within the city shall have the following duties and rights: (1) Except for materials which customers have not properly prepared for recycling, collec- tors may not dispose of recyclable materials set out by recycling customers by any means other than at a recycling facility. Recyclable materials shall include all those materials designated by the City Manager as materials which collectors must offer to collect for re- cycling. (2) Household recycling containers for storing and setting out recyclable materials must be made available by collectors to all solid waste customers who utilize curbside recy- cling services within the city. The collector may establish such reasonable and industry - accepted requirements for the preparation of materials for recycling as are necessary to provide for the orderly collection of recy- clable materials, including requirements re- Supp. No. 35 1035 § 15413 FORT COLLINS CODE garding the preparation of materials for col- lection, the collection of recyclable materials and requirements for source separation. (3) In the event that a collector elects to per- form collection of solid waste or recyclable materials through subcontractors or agents, such agency relationship shall not relieve the collector of responsibility for compliance with the provisions of this Code and the rules promulgated hereunder. (4) All recyclable materials placed for collection shall be owned by and be the responsibility of the customer until the materials are col- lected by the collector. The material then shall become the property and the responsi- bility of the collector. No person other than the customer or the collector of recyclable materials shall take physical possession of any recyclable materials placed for collec- tion. (c) Frequency of coUection. (1) All collectors providing solid waste collection services to residential customers shall pro- vide curbside recycling collection services to all such customers who desire such services. Such curbside recycling collection services shall°be provided on at least a once -weekly basis and on the same day as the day of col- lection of solid waste from the customer; provided, however, that collection of recy- clable materials need not be accomplished on the same day as the collection of solid waste for multifamily dwelling units and dwelling units located within mobile home parks. (2) Collectors providing collection services to multifamily and/or commercial customers shall provide services for the collection of re- cyclable materials from such customers who desire such services with such frequency as is necessary to prevent overflow of the recy- cling containers. (d) Customer notification. Upon the initial pro- vision of solid waste collection services to new cus- tomers, and on or before December 31 of each year with respect to existing customers, collectors shall notify in writing such customers of the availability of the collection of recyclable materials, the mate- rials designated for recycling collection pursuant to § 15-414 and such rules and regulations as have been established by the collector for the orderly collection of recyclable materials as authorized pursuant to § 15-413(b)(2). (Ord. No. 116, 1990, 10-16-90; Ord. No. 58, 1995, § 3, 6-6-95) Sec. 15-414. Designation of recyclable mate- rials. (a) The City Manager shall, on or before the 30th day of November of each year, after consulta- tion with the Larimer County Board of Commis- sioners, the Natural Resources Advisory Board and representatives of the licensed solid waste col- lectors operating within the city, determine which items shall be designated for recycling collection based upon the following criteria: (1) Local, state and federal laws and regula- tions; (2) Potential for waste stream reduction; (3) Availability of markets; (4) Market price; (5) Safety factors and risks of transportation; and (6) Risks of commingling of liquid wastes. (b) All collectors shall be responsible for notify- ing their customers of the items identified to be recycled. (c) The City Manager is authorized to promul- gate such rules and regulations as are necessary to effectuate the implementation and enforcement of this Article. (Ord. No. 116, 1990, 10-16-90) Sec. 15-415. Application for license. Any person desiring to obtain a license to engage in the business of solid waste collection shall make written application to the Financial Officer on for provided by the city. The application shall include, without limitation, the following informa- tion: supp. No. 35 1036 LICENSES AND BUSINESS REGULATIONS (1) The name and address of the applicant; (2) The principal place of business for the busi- ness to be conducted; (3) A list of vehicles owned and/or operated by the applicant directly in the collection of solid waste and/or recyclables, including ve- hicle make, color, year, cubic yard capacity, Colorado license plate number and empty tare weight. (Ord. No. 116, 1990, 10-16-90) Sec. 15-416. License requirements; fees and insurance. Upon approval of a license application, but prior to issuance, the collector shall furnish to the Fi- nancial Officer the following: (1) A license fee in the sum of thirty dollars ($30.) for each vehicle to be used in the busi- ness for the purpose of the collection of solid waste or recyclable materials; and (2) Proof that the collector has obtained a gen- eral comprehensive liability/automobile in- surance policy protecting the collector from all claims for damage to property or for bod- ily injury, including death, which may arise from operations under or in connection with this license and providing limits of coverage of not less than five hundred thousand dol- lars ($500,000.) for bodily injury and prop- erty damage per occurrence or in the aggre- gate. (Ord. No. 116, 1990, 10-16-90; Ord. No. 58, 1995, § 4, 6-6-95) Sec. 15-417. Term of license. All licenses issued pursuant to this Article shall run from the date of issuance until the 31st day of December of the year in which such license is is- sued. All licenses shall expire on December 31 of each year. Licenses are not transferable. (Ord. No. 116, 1990, 10-16-90) Sec. 15-418. Plans and reports. f 1&418 (a) Each collector licensed pursuant to this Arti- cle shall submit to the city as a part of the license application a written plan describing how the re- cycling collection services will be structured by the firm or corporation for each customer class. Any changes to the plan shall be submitted to the city prior to implementation of the change. Said in- formation may be disseminated by the city for public information purposes, without liability to any collectors for errors in the information if such errors were not the result of acts or omissions of the city. (b) All collectors shall report to the city the fol- lowing information: (1) Number of tons or cubic yards of solid waste collected from all single-family, two-family and multifamily residential and commercial customers. (2) Number of tons of each type (as determined by the City Manager pursuant to § 15-414) of recyclables collected through the commer- cial and multifamily recyclables collection program. (3) Number of tons of each type (as determined by the City Manager pursuant to § 15-414) of household recyclables collected through the curbside recyclables collection program. (4) Number of tons of each type (as determined by the City Manager pursuant to § 15-414) of household recyclables collected by drop-off system. Such reports shall be made on forms to be pro- vided by the city and shall be made biannually for each full half -year of curbside collection performed by the collector. A half -year shall mean January 1 through June 30 or July 1 through December 31. All such reports shall be submitted to the City Manager no later than thirty (30) days following the close of each half -year. (Ord. No. 116, 1990, 10-16-90; Ord. No. 58, 1995, § 5, 6-6-95) Supp. No. 35 1037 § 15.419 FORT COLUN3 CODE Sec. 15-419. Disposal of solid waste; suspen- sion of license. All persons holding licenses pursuant to this Ar- ticle and engaged in the business of collection of solid waste shall dispose of all such refuse and solid waste at the Larimer County Landfill or at any other disposal site which is approved by any state. No solid waste shall be disposed of at any other location either inside or outside of the city. The City Manager may, after notice and hearing, suspend or revoke the license of any person violat- ing this Section. (Ord. No. 116, 1990, 10-16-90; Ord. No. 58, 1995, § 6, 6-6-95) Sec. 15-420. Identification of vehicles. Each vehicle used in the solid waste collection business shall bear an identification sticker issued by the Financial Officer in a conspicuous place upon the vehicle, which identification sticker shall be issued by the Financial Officer at the time the license is granted. (Ord. No. 116, 1990, 10-16-90) Sec. 15-421. Hours of operation. No collector shall operate any vehicle for the purpose of collection of solid waste or recyclable materials on any street designated by the city as "local residential" or "residential collector" be- tween the hours of 7:00 p.m. and 7:00 am. (the "Nighttime Hours"). (Ord. No. 58, 1995, § 7, 6-6-95) supp. No. 35 1038 [The next pop is 10831 ATTACHMENT C CITY OF FORT COLLINS OUTDOOR OFFICE RECYCLING COLLECTION ­.-� ............ u. ":K�, �Mxi 0 1-2 cubic yard Cardboard I x per week beside trash enclosure/cast side - Yes City Hall West 300 LaPorte ICS Annex 321 Maple 1-2 cubic yard Office paper City must have concrete pad I polycart Newspaper poured 5500-5750 I polycart Commingled I polycart Magazines I polycart Paperboard I polycart Styrofoam 2 City Hall East 300 LaPorte 1-2 cubic yard Cardboard I x per week beside tree in back parking tot - Yes 1-2 cubic yard Office paper straight across from glass 1 polycart Newspaper enclosure I polycart Commingled I polycart Magazines I polycart Paperboard I of cart Styrofoam 3 CPES, CLRS & Engineering 281 N College 1-3 cubic yard Cardboard I x per week up against west wall, behind Yes 1-2 cubic yard Office paper building I polycart Newspaper I polycart Commingled I polycart Magazines I polycart Paperboard 1 of cart Styrofoam 4 Purchasing 256WMountain 1 polycart Office paper I x per week behind building No 5 Human Resources 200 W Mountain 1-2 cubic yard Cardboard I x per week cast side of trash enclosure behind Yes Facilities 117NMason 1-polycart Office paper facilities building up against wall I polycart Newspaper I polycart Commingled 1 polycart Magazines I polycart Paperboard I polycart Styrofoam 6* Park Shop 413 S Bryan 1-2 cubic yard Cardboard I x per week No I polycart Office paper I polycart Newspaper I polycart Commingled I polycart Magazines I polycart Paperboard 1 polveart I Styrofoam I 7* IStormwater/Transportation 1235 Mathews Services 8 1 Senior Center 9 Lee Martinez Farm 10* FwLigater/MWaostewater ht & Pwer I 1 * I Lincoln Center 12* ILibrary/ Museum 13 I Equipment Shop 14* EPIC 15 Neighborhood Resources 1200 Raintree 600 N Sherwood 700 Wood, Bldg A 417 W Magnolia 201 Peterson 200 Mathews (to take office paper, news & cardboard to Library) 835 Wood 1801 Riverside 405 Canyon 1 polycart 1 polycart I polycart 1 polycart �lycart 1-3 cubic yard I polycart 1 polycart I polycart 1 polvcart I polycart 1-3 cubic yard 1-3 cubic yard I polycart 1 polycart 1 polycart I polycart I-2 cubic yard I polycart 1 polycart I polycart 1 polvcart 1 polycart 1 polycart I polycart 1 polycart 1 polycart I polycart 1 poly-- ca_ 1 polycart 1 polycart 1 polycart 1 polycart I polycart 1 pol c-- ar_ 1 polycart 1 polycart 1 polycart Cardboard Office paper Newspaper Commingled Magazines Cardboard Office paper Commingled Magazines S ofoam Commingled Cardboard Office paper Commingled Magazines Paperboard Styrofoam Commingled Office paper Magazines Paperboard Styrofoam Cardboard Office paper Newspaper Commingled Magazines Styrofoam Paperboard Cardboard Newspaper Commingled Office paper Magazines Paperboard Office paper Commingled Office paper I x per week 3 x per week 3 x per week I x per week u « 1 x per month I x per week I x per week 1 x per week 1 x per month 1 x per month 1 x per month in alley up against building, south I Yes end west side of parking lot inside fenced area dock area No No No near back door (between indoor I No Pool & LCC) up against east wall of concrete I No trash area — need LOCKS on carts beside trash dumpster west side I Yes of building back door behind building? No No 16 PFA Administration Parking Remington ..... . - ------ Services Ipolycar I fcepaper....... I x bi-weekly . . - - --------- polycart Newspaper behind parking garage by trash Yes I polycart Commingled dUMpster I polycart Magazines I polycart Paperboard 17 Revenue/Utility office 330 S College 1 01 c-- S ofoarn I polycart 1 polycart Office paper Newspaper I x . Per month South wall by alley on concrete I polycart Magazines pad Yes I polycart Paperboard 18 Transfort I of cart Q�Irofoarn Commuter Pool 6570 Portner I polycart Cardboard I polycart Office paper I x bi-weekly add POlYcarts to current pickup Yes I polycart Newspaper area in garage I polycart Commingled I polycart Magazines I polycart Paperboard 19* Streets I of cart S rofoarn 625 Ninth I polycart Cardboard I polycart Office paper I X Per week back by trash dumpster, north side No I polycart Newspaper of building I polycart Commingled I polycart Magazines I polycart PaPerboard 20* Water Treatment Plant 4316 LaPorte I of cart S ,rofoam I polycart I polycart Office paper Cardboard I x per month check -- must use call box to 1 polycart Commingled gain entry to WTp No I polycart Magazines I polycart Paperboard 21* Wastewater Treat Plant 3036 E Drake I of cart S rofoam I polycart I polycart Office paper Cardboard I x per month 99 22 Southridge Golf Course 1 of cart Commingled No 5750 S Lemay 1-2 cubic yard Cardboard .. I ol cart Commin led x per week Concessionaire 23- 30* PFA Fire Stations # I -# I I See A Attachment A 4- 18-gal bins No Commingled X per week Indoor locations (currently Ere Of&Newspaper ce Paper Stations have weekly curbside No :azines pick-up servie) n 4. Early Termination by City/Notice. Notwithstanding the time periods contained herein, the City may terminate this Agreement at any time without cause by providing written notice of termination to the Service Provider. Such notice shall be delivered at least fifteen (15) days prior to the termination date contained in said notice unless otherwise agreed in writing by the parties. All notices provided under this Agreement shall be effective when mailed, postage prepaid and sent to the following addresses: City: Service Provider: In the event of early termination by the City, the Service Provider shall be paid for services rendered to the date of termination, subject only to the satisfactory performance of the Service Provider's obligations under this Agreement. Such payment shall be the Service Provider's sole right and remedy for such termination. 5. Contract Sum. The City shall pay the Service provider for the performance of this Contract, subject to additions and deletions provided herein, the sum of Dollars (S ). [Option Cost Breakdown is attached Exhibit hibit 6. City epresentative. The City will designate, prior to commencement of the work, its representative who shall make, within the scope of his or her authority, all necessary and proper decisions with reference to the services provided under this agreement. All requests concerning this agreement shall be directed to the City Representative. 7. Independent Service provider. The services to be performed by Service Provider are those of an independent service provider and not of an employee of the City of Fort Collins. The City shall not be responsible for withholding any portion of Service Provider's compensation hereunder for the payment of FICA, Workmen's Compensation or other taxes or benefits or for any SA 7/93 2 other purpose. 8. Personal Services. It is understood that the City enters into the Agreement based on the special abilities of the Service Provider and that this Agreement shall be considered as an agreement for personal services. Accordingly, the Service Provider shall neither assign any responsibilities nor delegate any duties arising under the Agreement without the prior written consent of the City. 9. 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. 10. Warranty. (a) Service Provider warrants that all work performed hereunder shall be performed with the highest degree of competence and care in accordance with accepted standards for work of a similar nature. (b) Unless otherwise provided in the Agreement, all materials and equipment incorporated into any work shall be new and, where not specified, of the most suitable grade of their respective kinds for their intended use, and all workmanship shall be acceptable to City. (c) Service Provider warrants all equipment, materials, labor and other work, provided under this Agreement, except City -furnished materials, equipment and labor, against defects and nonconformances in design, materials and workmanship/workwomanship for a period beginning with the start of the work and ending twelve 0 2) months from and after final acceptance under the Agreement, regardless whether the same were furnished or performed by Service Provider or by any of its subcontractors of any tier. Upon receipt of written notice from City of any such defect or nonconformances, the affected item or part thereof shall be redesigned, repaired or replaced by Service Provider in a manner and at a time acceptable to City. 11. 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. 12. Remedies. In the event a party has been declared in default, such defaulting party SA 7/93 Cl 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. 13. 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. 14. Indemnity/Insurance. a. The Service Provider agrees to indemnify and save harmless the City, its officers, agents and employees against and from any and all actions, suits, claims, demands or liability of any character whatsoever brought or asserted for injuries to or death of any person or persons, or damages to property arising out of, result from or occurring in connection with the performance of any service hereunder. b. The Service Provider shall take all necessary precautions in performing the work hereunder to prevent injury to persons and property. c. Without limiting any of the Service Provider's obligations hereunder, the Service Provider shall provide and maintain insurance coverage naming the City as an additional insured under this Agreement of the type and with the limits specified within Exhibit B, consisting of one (1) pages[s], attached hereto and incorporated herein by this reference. The Service Provider before commencing services hereunder, shall deliver to the City's Director of Purchasing and Risk Management, 256 West Mountain Avenue, Fort Collins, Colorado 80521 one copy of a certificate SA 7/93 4 evidencing the insurance coverage required from an insurance company acceptable to the City. 15. 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. 16. 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. SA 7/93 THE CITY OF FORT COLLINS, COLORADO BY: James B. O'Neill, II, CPPO Director of Purchasing and Risk Management Date: [Insert individual's name] Doing business as [Insert name of business] By: PRINT NAME 5 TITLE Date: SA 7/93 CITY OF FORT COLLINS, COLORADO a municipal corporation James B. O'Neill II, CPPO Director of Purchasing and Risk Management Date: [Insert Partnership name] By: PRINT NAME PRINT TITLE Date: SA 7/93 7 CITY OF FORT COLLINS, COLORADO a municipal corporation By: James B. O'Neill II, CPPO Director of Purchasing and Risk Management Date: [Insert Corporation's name] By: PRINT NAME CORPORATE PRESIDENT OR VICE PRESIDENT Date: ATTEST: CORPORATE SECRETARY SA 7/93 (Corporate Seal) H EXHIBIT B INSURANCE REQUIREMENTS 1. The Service Provider will provide, from insurance companies acceptable to the City, the insurance coverage designated hereinafter and pay all costs. Before commencing work under this bid, the Service Provider shall furnish the City with certificates of insurance showing the type, amount, class of operations covered, effective dates and date of expiration of policies, and containing substantially the following statement" " "The insurance evidenced by this Certificate will not be cancelled or materially altered, except after ten (10) days written notice has been received by the City of Fort Collins." In case of the breach of any provision of the Insurance Requirements, the City, at its option, may take out and maintain, at the expense of the Service Provider, such insurance as the City may deem proper and may deduct the cost of such insurance from any monies which may be due or become due the Service Provider under this Agreement. The City, its officers, agents and employees shall be named as additional insureds on the Service Provider's general liability and automobile liability insurance policies for any claims arising out of work performed under this Agreement. 2. Insurance coverages shall be as follows: A. Workers' Compensation & Employer's Liability. The Service Provider shall maintain during the life of this Agreement for all of the Service Provider's employees engaged in work performed under this agreement: 1. Workers' Compensation insurance with statutory limits as required by Colorado law. 2. Employer's Liability insurance with limits of $100,000 per accident, $500,000 disease aggregate, and $100,000 disease each employee. B. Commercial General & Vehicle Liability. The Service Provider shall maintain during the life of this Agreement such commercial general liability and automobile liability insurance as will provide coverage for damage claims of personal injury, including accidental death, as well as for claims for property damage, which may arise directly or indirectly from the performance of work under this Agreement. Coverage for property damage shall be on a "broad form" basis. The amount of insurance for each coverage, Commercial General and Vehicle, shall not be less than $500,000 combined single limits for bodily injury and property damage. In the event any work is performed by a subcontractor, the Service Provider shall be responsible for any liability directly or indirectly arising out of the work performed under this Agreement by a subcontractor, which liability is not covered by the subcontractor's insurance.