HomeMy WebLinkAboutROBS SERVICE CENTER - CONTRACT - BID - 5491 HAULING A AND B ALARIDS ASHLAND BIVENS CHUCK HOFFMAN CLEARSTONE DEGROOT E AND LL FULLER J D KERBS ENTERPRISES MICHAEL SCOTT STILO T AND JSERVICES AGREEfyIENT
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 VM2 5-1y � ��glukc^ . , 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 two (2) pages, and
incorporated herein by this reference
2 Contract Period This Agreement shall commence April 15, 2000, and shall continue
in full force and effect until April 1, 2001, 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 i
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
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notice to the City of such condition within fifteen (15) days from the onset of such condition
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 Streets Dept
Bruce Juelfs
P O Box 580
Fort Collins, CO 80522
Service Provider
5?1 A),��
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In the event of early termination by the City, the Semite 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 as stated in the Bid Schedule,
cost breakdown is attached as Exhibit "C", consisting of _kr4 (J pages, and incorporated herein
by this reference
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
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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
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 appi oval or acceptance of, or payment for any
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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 11
10 Warranty
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(a) Service Provider warrants that all work performed hereunder shall be I
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
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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 Re em dies 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, suds,
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 ansing out of, result from or occurring in
connection with thelperformance of any service hereunder
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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,
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
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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/Severabdity 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
17 Special Provisions Special provisions or conditions relating to the services to be
performed pursuant to this Agreement are set forth in Exhibit D, consisting of one (1) page,
attached hereto and incorporated herein by this reference
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CITY OF FORT COLLINS, COLORADO
a municipal corporation
By
�A,James B O'Neill II, CPPO
Director of Purchasing and Risk Management
Date , —Q .
[Insert Corporation's name] or
[Insert Partnership name] or
[insert individual's name]
Doing business as _[insert name of business]
By S car'\?y;c l� seP(1)1 c r,
I
PRINT NAME
CORPORATE PRESIDENT OR VICE PRESIDENT
Date Cl -a7-Rax r�
ATTEST (Corporate Seal)
CORPORATE SECRETARY
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BID SCHEDULE #5491
You may attach a separate page with an equipment list. Please include Firm name on it.
EQUIPMENT YR MAKE MODEL CU YDS HP $/HR
TRACTOR/TRL
TRUCKS
TANDEM
DUMP
TRUCKS
NM 9.US � f`/'\
I`t
OTHER —
EQUIPT
(LIST TYPE)
a 4v l:i S
14 VACUA,
1 d(2 N T,Ii 4,ri
Failure to provide said equipment with qualified drivers as listed in the bid submitted may result
in the removal of the vendor's name from the City's bidding list for a period of three years
lo
FIRM NAME i�e)6S SLQV•Cy.
Are you a Corpq, ation, Partnership, DBA, LLC, or PC
SIGNATURE
PRINT NAME—
ADDRESS
PHONE/FAX #
5
qp5z-S 3E� Z
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 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
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
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 lifelof 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
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COLORADO INSURANCE IDENTIFICATION CA
(STATE)
COMPANY NUMBER COMPANY
AMCO INSURANCE COMPANY
POIUCY NUMBER EFFECTIVE DATE EDTIRATION DATE
PENDING 03/31/2000 03/31/2001
YEAR MOBMODEL VEHICLE MFMT1RCATmt4 NUMBER
2000 GMC TRUCK 4RDB4B1R4YJ804356
AGENCY/COMPANY ISSUING CARD
John C Beckett 6 Associates,
220 Smith Street
Ft Collins, CO U0524
P 970-484-2805 P.5170-484-2885
INSURED
rRob Geary DSA Robs Service Center
228 N Grant
7t Collins CO 80521-
SEE IMPORTANT NOTICE ON REVERSE SIDE
THIS CARD MUST BE KEPT IN THE INSURED
VEHICLE AND PRESENTED UPON DEMAND
IN CASE OF ACCIDENT Report all accidents to your Agent/Company as
soon as possible Obtain the following Information
1 Name and address of each driver, passenger and witness
2 Name of Insurance Company and policy number for each
vehicle Involved
ACORD 5011183)
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CORPORA7I ON 1903
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