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HomeMy WebLinkAboutFUELING SOLUTIONS - CONTRACT - RFP - P820 FUEL MANAGEMENT SYSTEMSERVICES AGREEMENT FUELMASTER Fuel Management System THIS AGREEMENT made and entered into by and between THE CITY OF FORT COLLINS, COLORADO, a Municipal Corporation, hereinafter referred to as the "City" and FUELING SOLUTIONS, a sole proprietorship, 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 four (4) pages, and incorporated herein by this reference. 2. Time of Commencement and Completion of Services The services to be performed pursuant to this Agreement shall be initiated within forty-five (45) days following execution of this Agreement. Services shall be completed no later than thirty (30) days thereafter, except for the installation at Fossil Creek Park. A schedule for that location shall be negotiated by and agreed to by both parties. Time is of the essence. Any extensions of the time limit set forth above must be agreed upon in a writing signed by the parties. 3. Contract Period This Agreement shall commence upon the date of execution by the City shown on the signature page of this Agreement and shall continue in full force and effect for one (1) year, unless sooner terminated as herein provided. In addition, at the option of the City, the Agreement may be extended for an additional period of one (1) year at the rates provided with written notice to the Professional mailed no later than ninety (90) days prior to contract end. 4. 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. 5. 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: SA 10/97 1 Exhibit C: 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 coverage 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. SA 10/97 10 City: Service Provider: City of Fort Collins Purchasing Fueling Solutions PO Box 580 3604 Empire Street Fort Collins, CO 80521 Evans, CO 80620 303-880-0343 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. 6. Contract Sum The City shall paythe Service providerforthe performance of this Contract, subjectto additions and deletions provided herein, the sum of Seventy Thousand, Eight Hundred, Sixty Eight Dollars ($70,868) in accordance with the Cost Summary and Payment Schedule, attached hereto as Exhibit B, consisting of one (1) page, and incorporated herein by this reference. 7. 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. 8. 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. 9. 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. 10. 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. 11. 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 SA 10/97 2 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 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. 12. 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. 13. 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 parry 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 parry shall be liable to the non -defaulting party for the non -defaulting party's reasonable attorney fees and costs incurred because of the default. 14. 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. 15. 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 C, consisting of one (1) page, attached hereto and incorporated herein by this reference. The Service SA 10/97 3 Provider before commencing services hereunder, shall deliver to the City's Director of Purchasing and Risk Management, 215 N Mason, 2Id Floor, Fort Collins, Colorado 80524 one copy of a certificate evidencing the insurance coverage required from an insurance company acceptable to the City. 16. 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. 17. 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. Wa Ns EW I I FITRINVAN Approv V forgh: Ingrid Decker, Assistant City Attorney THE CITY �OFF FORT COLLINS, COLORADO By: l..l-� 4. I a D John Fischbach, City \Manager � Ja es . O'Neill II, CPPO Dir c r of Purchasing and Risk Management Date: 6 2 7 0 4 , Bob Purcell Doing business as: FUELING SOLUTIONS By: Date: SA 10/97 4 Exhibit A: Scope of Work For each of the sites listed in this Scope of Work, the Service Provider shall supply the necessary fuel management system equipment, installation of such equipment and installation of Fuelmaster system software at the locations specified. Service Provider shall complete initial startup and configuration of the Fuelmaster software and train City personnel in the operation and maintenance of the system. The Fuelmaster system shall provide a flat ASCII file suitable for use in importing fuel system data into the City's CSI Maximus M4 fleet management application. The Project Manager must accept each phase of the project and provide final acceptance of the entire project before payments for each particular phase or final payment for an entire project shall be made. "Acceptance" shall mean approval, in writing, of the completed installation and implementation of a project phase or of an entire project, after allowing what the Project Manager deems to be sufficient operating time in a production environment to allow the Project Manager to determine that such installation and implementation complies with the Scope of Work and/or any Specifications relevant to the project. Shane Armfield, Fleet Parts Manager, is the designated Project Manager for the City. The City will provide computer hardware for installation of software, provide any needed printers, and handle the import of existing vehicle and user data. The City will coordinate with CSI on any interfacing program required for the import of Fuelmaster data. PROJECT ONE: PRIMARY INSTALLATION —ALL SITES EXCEPT FOSSIL CREEK PARK 1. Main Office, 117 N Mason St. Equipment List: 1 each — Fuel Master Windows Software 3 each — Software Workstation License 1 each — Prokee Encoder 1200 each — Prokees Equipment Cost: $8,470 Installation Cost: $1,432 SA 10/97 5 2. Fleet Services, 835 Wood St. Equipment List: 1 each — FMU, 2500 Master Unit 2 each — FMU, 2501 SC Satellite Unit 1 each — MassK 2500, Master to Satellite com board 4 each — HKC, Hose Controllers 1 each — Prokee Encoder Equipment Cost: $15,826 Installation: Service Provider will install one Master unit and one Satellite on the fueling islands. RS422 direct bury cable will be used to link the two units allowing the entire site to be polled using one phone number. Existing VR pulsars will be used. One Satellite unit will be installed at the propane tank and linked to the Master unit at the fueling island. Direct bury wire will be run from the propane dispenser to a location at the Main Shop building. Such location must be coordinated with and approved by the Project Manager. Com wire will be run from this location to where existing com wires exit the building to the fuel island, then via existing conduit to the Master unit. Installation Cost: $5,712 3. Transfort, 6570 Portner Road Equipment List: 1 each - FMU 2500 Master Unit 1 each - FMU 2501 SC Satellite Unit 6 each — HKC Hose Controllers 1 each — FMU 2530 Carwash Gate Reader 1 each — MassK 2500 com board — Gate Reader to Master Unit Equipment Costs: $13,768 SA 10/97 0 Installation: One FMU 2500 Master unit will be installed on the fueling island. All eight hoses on that fueling island shall be controlled by the Master unit. One FMU 2501 Satellite unit will be installed at the propane dispenser and linked to the Master unit by RS422 com wire. One FMU 2350 Carwash Gate Reader will be installed at the carwash entrance and linked to the Master unit using RS422 com wire. This will allow downloads of Master, Satellite and Gate Reader at one time using a single phone number. Installation Costs: $5,164 *If the existing conduit cannot be used, Service Provider will install direct -bury cable between the Satellite unit at the propane dispenser and the Master unit and between the Carwash Gate Reader and the Master unit, including loop sawing, backer rod, sealant and labor for an additional $800. 4. Park Shop, 413 South Bryan Equipment List: 1 each — FMU 2500 Master Unit Equipment Cost: $5,086 Installation: One FMU 2500 unit will be installed. Existing conduit will be used to run phone lines. Installation Cost: $1,786 5. Collindale Golf Course Equipment List: 1 each — FMU 2500 Master Unit Equipment Cost: $5,086 Installation: One FMU 2500 unit will be installed. Existing conduit will be used to run phone lines. Installation Cost: $1,786 SA 10/97 7 PROJECT TWO: FOSSIL CREEK PARK INSTALLATION Equipment List: 1 each — FMU 2500 Master Unit Equipment Cost: $5,086 Installation: One FMU 2500 unit will be installed. Conduit must be in place from breaker panel to tank farm and from telephone room to tank farm. Installation Cost: $1,786 SA 10/97 E3 Exhibit B: Cost Summary and Payment Schedule Equipment Costs, Project One: Main Office $ 8,470 Fleet Services $ 15,826 Transfort $ 13,678 Park Shop $ 5,086 Collindale Golf $ 5,071 Total $ 48,131 Payment for Project One equipment to be made promptly upon delivery and acceptance by the City. The City will provide storage for such equipment. Prices for all equipment shall include shipping and handling. No additional freight charges are allowed. Installation Costs, Project One: Main Office $ 1,432 Fleet Services $ 5,712 Transfort $ 5,164 Park Shop $ 1,786 Collindale Golf $ 1,786 Total $15,880 Payment for Project One system installation shall be as follows: 80% upon completion of site installations. 20% upon final acceptance by the City Project Manager. Combined Costs, Fossil Creek, Project Two: Equipment $ 5,071 Installation $ 1,786 Total $ 6,857 Payments as set forth in for Project One equipment and installation. Miscellaneous Equipment: Existing pulsars shall be used at locations where they are installed. If any existing pulsars must be replaced, new units will cost and additional $120 each. SA 10/97 9