Loading...
HomeMy WebLinkAbout129302 HAGEMAN EARTH CYCLE - CONTRACT - CONTRACT - 1999 LEAF COLLCTION PROJECTSERVICES 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 Hageman Earth Cycle Inc , hereinafter referred to as "Service Provider" WITNESSETH In consideration of the mutual covenants and obligations herein expressed, it is agreed by and between the parties hereto as follows 1 Scope of Services The Service Provider agrees to provide services in accordance with the scope of services attached hereto as Exhibit "A", consisting of one (1) page, and incorporated herein by this reference 2 Contract Period This Agreement shall commence upon signing, and shall continue in full force and effect until June 30, 2000, unless sooner terminated as herein provided In addition, at the option of the City, the Agreement may be extended for adational one year periods not to exceed one (1) 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 07/24/98 1 ACQRD. CERTIFICATE OF LIABILITY INSURANCE , GAT 09 PRODUCER THIS CERTIFICATE IS ISSUED AS A MATTER OF IN Flood & Peterson Insurance Inc ONLY AND CONFERS NO RIGHTS UPON THE CI 4821 Wheaton Drive HOLDER. THIS CERTIFICATE DOES NOT AMEND, 1 P O Box 270370 ALTER THE COVERAGE AFFORDED BY THE POLICH Fort Collins, CO 80527 INSURERS AFFORDING COVERAGE INSURED INSURERA UniOn Insurance Company Hageman Earth Cycle, Inc ---- ----- INSURER B Roger and Peggy Hageman INSURER C 3501 1/2 E Prospect Road INSURER Fort Collins CO 80525 INSURER E COVERAGES I (MMIDD/YY) 01/99 ORMATION 3TIFICATE {TEND OR i I BELOW I THE POLICIES OF INSURANCE LASTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREN IS SUBJECT TO ALL THE TERMS EXCLUSIONS AND CONDTIONS'OF SUCH POLICIES AGGREGATE LIMITS SHOWN MAY HAVE BEEN REOUCED BY PAID CLAIMS INeR POLIOT EFFEOTIV@PO ICY BXP_1_A TT0 - 7ypE OF INSURANCE POLICY NUMBER LIMITS A GENERAL LIABILITY UPK5076696 09/01/99 09/01/00 EACHOCCURRENCE $1 000, 000 COMMERCIAL GENERA -LIABILITY FIRE DAMAGE (Any one IV.! 3 50,000 _X_ —]CLAIMS MADEI xI OCCUR MED EXP(Any one p°raao) f i 5, 000 X_ PD Ded:250 PERSONAL&ADV INJURY fl 000, 000 _ GENERAL AGGREGATE 32 000 000 OENL POGREOATE LIMIT A ESPER PRODUCTS-COMPIOP AGO Q GOO O0O POLICY PRO17 LOC I I A AUTOMOBILE LIABILITY UPK5076696 09/01/99 09/01/00 COMBINED BINDLE LIMIT I X 311000, 000 ANY AUTO°°Cc1tlen1) I __— BODILY INJURY f ALL OWNED AUTOS SCHEDULED AUTOS (Per p°raon) X BODILY INJURY HIREDUTOS_—_ �\ X NON OW NED AUTOS NON O DPROPERTY (Per accltlenl) $ — DAMAGE 3 (P°raccltlanl) GARAGE LIABILITY Li AUTO ONLY - EA ACCIDENT f OTHERTHAN EAACC 3 ANYAUTO 3 AUTO ONLY AGO EXCESS LIABILITY EACH OCCURRENCE f OCCUR L_J CLAIMS MADE ADGREGATE 3 f Is DEDUCTIBLE Is RETENTION 3 WORKERS COMPENSATION AND WC STATU- OTH- ER EMPLOYERS' LIABILITY EL EACH ACCIDENT f E L DISEASE-EAEMPLOYE 3 E L DISEASE -POLICY LIMIT f �— OTHER DESCRIPTION OF OPERATIONS/ LOCATIONSIVEHICLESIEXCLUSIONS ADDED BY EN DORSEMENTISPECIAL PROVISIONS Re: Snow Removal I City of Fort Collins Purchasing Department 256 W. Mountain Ave Fort Collins, CO 80521 SHOULD ANYOF THE ABOVE DESCRIBED POLICES BE CANCELLED BEFORETFEEXPPATION DATE THEREDF,THE ISSUING INSURER W ILLENDEAVORTOMAIl3jL_ DAYSW WTTEN NOTICE TOTFE CERTIFICATE HOLDER NAMED TOTHE LEFT, BUTFAILUPE TO DOSOSHALL IMPOSE NO OBLIGATION OR LIABILITY OF ANYKINO UPON THE INSURE0.R8 AGENTS OR AUTHORIZED RE'R£SENTATI `q ACORD 25•S (7197) #S136719/M136714 CMH Q ACORD CORPOIRATION 108 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 City of Fort Collins, Purchasing 256 W Mountain Ave Ft Collins, CO 80521 Service Provider Hageman Earth Cycle, Inc 3501 E Prospect Ft Collins, CO 80525 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 Seven Thousand Five Hundred Dollars ($7,500 00) 6 City Representative 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 07/24/98 2 hereunder for the payment of FICA, Workmen's Compensation or other taxes or benefits or for any other purpose 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 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 (12) months from and after final acceptance under the Agreement, regardless whether the same were furnished or performed by Service Provider or by any of its subcontractors of any tier Upon receipt of written notice from City of any such defect or nonconformances, the affected item or part thereof shall be redesigned, repaired or replaced by Service Provider in a manner and at a time acceptable to City 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 07/24/98 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 shall be allowed a period often (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) page, 07/24/98 4 attached hereto and incorporated herein by this reference The Service Provider before commencing services hereunder, shall deliver to the City's Director o1 Purchasing and Risk Management, 256 West Mountain Avenue, Fort Collins, Colorado 80521 one copy of a certificate 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 j holding shall not invalidate or render unenforceable any other provision of this Agreement 17 Special Provisions Special provisions or conditions relating to the services to be performed pursuant to this Agreement are set forth in Exhibit C, consisting of two I (2) pages, attached hereto and incorporated herein by this reference CITY OF FORT COLLINS, COLORADO a munt I corporation B (� Ja s B O'Neill II, CPPO Dir vr/of Purchasing and Risk Mgmt ATTEST CORPORATE SECRETARY 07/24/98 CORPORATE PRESIDENT OR VICE PRESIDENT Date-3�-�I�1 (Corporate Sea]) Scope of Work 1999 Leaf Collection Project Project summary: The City of Fort Collins Natural Resources Department has outlined a community leaf collection program for fall 1999 that is organized around the use of two free coupons Each coupon will allow the bearer (Fort Collins citizens) to make one free visit to drop off tree leaves and pumpkins during a specified period at no cost at Earth Cycle, Inc The City of Fort Collins will pay a total fee of $7,500 to Earth Cycle and Earth Cycle agrees to honor the City coupons by allowing the bearer to deliver leaves to its facility, located at 3501 E Prospect for a three-week period, from October 27 until November 17, 1999 Customers will be required to remove leaves and pumpkins from any bags or containers and pile them in designated locations on -site Earth Cycle will use the leaves and pumpkins that are collected to make compost Earth Cycle will collect coupons from customers to account for the number of drop-off trips taken by citizens The amount of leaves per trip shall not be limited The contract fee shall not cap the number of coupon -bearing customers, nor are there a minimum number of participants The City will print and distribute two coupons per Fort Collins Utilities customers in fall billing envelopes The City will also provide advertising for the leaf program and other publicity measures Coupons will include a map of Earth Cycle's premises, egress, and exits, and list Earth Cycle's hours of operations (8 00 am — 5 00 p m ), and urge people to go during the week to avoid long waiting lines on Saturdays The City will enlist volunteers to help guide traffic and assist citizens with removing leaves from bags on Saturdays EXHIBIT B INSURANCE REQUIREMENTS 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 clue 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 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 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 i 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 EXHIBIT C YEAR 2000 COMPLIANCE CERTIFICATION AND INDEMNITY Section 1 Contractor hereby certifies that all information resources or systems to be provided or used in connection with the performance of this Agreement are "Year 2000 Compliant", except as otherwise expressly described in Section 2, below "Year 2000 Compliant' shall mean that information resources meet the following criteria a Data structures (e g , databases, data files) provide 4-digit date century recognition For example, 1996" provides date century recognition, 96" does not b Stored data contains date century recognition, including (but not limited to) data stored in databases and hardware/device internal system dates c Calculations and programs logic accommodate both same century and multi - century formulas and date values Calculations and logic include (but are not limited to) sort algorithms, calendar generation, event recognition, and all processing actions that use or produce date values d Interfaces (to and from other systems or organizations) prevent non -compliant dates and data from entering any state system User interfaces (i e , screens, reports, etc ) accurately show 4 digit years Year 2000 is correctly treated as a leap year within all calculation and calendar logic Section 2 Contractor has identified the following information resources or systems that will be provided or used in connection with the performance of this Agreement that are not, or will not by July 1, 1999, be Year 2000 Compliant 0 Section 3 a Contractor hereby certifies that the instances of information resources or systems not Year 2000 Compliant identified in Section 2, above, will be Year 2000 Compliant no later than October 1, 1999 b Contractor hereby certifies that the instances of information resources or systems identified in Section 2, above, as not Year 2000 Compliant, and for which Year 2000 Compliance is or will not be achieved by October 1, 1999, are not related to and do not impair the performance by Contractor of the terms of this Agreement, and do not produce new non- compliant information resources or systems Section 4 Contractor agrees to notify the City immediately of any information resources or systems that are not Year 2000 Compliant upon encountering the same in connection with the performance of the Agreement, including without limitation any information resources or systems in use by Contractor in the performance of the Agreement or information resources or systems of the City regarding which Contractor obtains information in the course of its performance of the Agreement Section 5 Contractor agrees to permit examination, by the City or agents thereof, of any and all information resources and systems in use in connection with this Agreement, and related Year 2000 Compliance implementation plans, in order to evaluate Year 2000 Compliance and potential implications of the same for the City and for performance of the Agreement Section 6 The Contractor shall indemnify and hold harmless the City, and its officers, agents and employees, from and against all claims, damages, losses, and expenses, including attorneys fees, arising out of or resulting from the Contractor's failure to disclose instances of information resources or systems that are not Year 2000 Compliant, or failure to comply with the terms of this Exhibit C