HomeMy WebLinkAboutCORRESPONDENCE - BID - 5485 WEED CUTTING & RUBBISH REMOVAL ANNUAL (9)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 Mike Feltz Doing Business As A & L Services, 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 two (2) page referring to
Section 2, Heavy Rubbish Removal and Section 3, Weed Mowing and Rubbish Removal, and
incorporated herein by this reference.
2. Time for Completion of Services. The services described herein shall be completed
by the Contractor within five (5) days of receiving notification to proceed.
3. Contract Period. This Agreement shall commence May 16, 2000, and shall continue
in full force and effect until May 15, 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 four (4) 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.
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
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ACORD CERTIFICATE OF LIABILITY
INSURANCE DATE(MM/DDIYY)
PRODUCER 970)223_0924 t
( (_ )223-7438
Community First Insurance Agencies, Inc.
1075 W Horsetooth Rd, Ste 100
000
FICATEIS 04/2I]ON
ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE
HOLDER. THIS CERTIFICATE DOES NOT AMEND, EXTEND OR
ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW.
Fort Collins, CO 80526
INSURERS AFFORDING COVERAGE
INSURED A & L Services
INSURER A: Colorado Casualty
2329 West Mulberry
INSURERS
Ft. Collins, CO 80521
INSURER c:
INSURER D:
INSURER E:
COVERAGES
THE POLICIES OF INSURANCE LISTED 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 HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH
POLICIES. AGGREGATE LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS.
HWR LTR
TYPE OF INSURANCE
POLICY NUMBER
DATE (MMIDDIYY)
DATE (MWDD/YY)
LIMITS
A
GENERAL LIABILITY
X COMMERCIAL GENERAL LIABILITY
CLAIMS MADE a OCCUR
AP 0506568 06
05/29/1999
05/29/2000
EACH OCCURRENCE
$ 11000,000
FIRE DAMAGE (Any one (re)
$ 50,00
MED EXP (Any one person)
$ 1,000
PERSONAL & ADV INJURY
$ 1,000,000
GENERAL AGGREGATE
$ 2 - 000 1 000
GEN'L AGGREGATE LIMIT APPLIES PER:
POLICY PRO- LOC
JECT
PRODUCTS - COMP/OP AGG
$ 2,000.000
AUTOMOBILE
LIABILITY
ANYAUTO
ALL OWNED AUTOS
SCHEDULED AUTOS
HIRED AUTOS
NON -OWNED AUTOS
COMBINED SINGLE LIMIT
(Ea accident)
$
BODILY INJURY
(Per person)
$
BODILY INJURY
(Per accident)
$
PROPERTY DAMAGE
(Per accident)
$
GARAGE LIABILITY
ANY AUTO
AUTO ONLY - EA ACCIDENT
$
OTHER THAN EA ACC
AUTO ONLY: AGG
$
$
EXCESS LIABILITY
OCCUR ❑ CLAIMS MADE
DEDUCTIBLE
RETENTION $
EACH OCCURRENCE
$
AGGREGATE
$
$
$
$
WORKERS COMPENSATION AND
EMPLOYERS' LIABILITY
TORY LIMITS ER
E.L. EACH ACCIDENT
$
E.L. DISEASE - FA EMPLOYEI
$
E.L. DISEASE - POLICY LIMIf
1 $
OTHER
DESCRIPTION OF OPERATIONSILOCATIONSfVEHICLES!EXCLUSIONS ADDED BY ENDORSEMENTISPECIAL PROVISIONS
City of Fort Collins
Attn: Purchasing
256 W Mountain
Fort Collins, CO 80521
SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE
EXPIRATION DATE THEREOF, THE ISSUING COMPANY WILL ENDEAVOR TO MAIL
10_ DAYS WRITTEN NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE LEFT,
BUT FAILURE TO MAIL SUCH NOTICE SHALL IMPOSE NO OBLIGATION OR LIABILITY
OF ANY KIND UPON THE COMPANY, ITS AGENTS OR REPRESENTATIVES.
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:
City: Service Provider:
City of Fort Collins, Purchasing A & L Services
256 W. Mountain Ave. 2329 W. Mulberry
Ft. Collins, CO 80521 Ft. Collins, CO 80521
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. Payments. The City agrees to pay and the Contractor agrees to accept as full
payment for all work done and all materials furnished and for all costs and expenses incurred in
the performance of the work under the notification in accordance with the prices stated within the
Bid Schedule Proposal Form, attached hereto as Exhibit C and by this reference made a part
hereof.
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.
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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 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.
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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 parry
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.
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
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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,
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
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.
ATTEST -
City Clerk - 7�cG
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CITY OF FORT COLLINS, COLORADO
a municipal corporation
I joy
JoM F. Fischbach
City Manager
J me B. O'Neill II, CPPO
D' for of Purchasing and Risk Management
Date:_ j / ZJ-VT>
Mike Feltz Doing Business As A & L Services
By:
PRINT NAME
5
EXHIBIT A
HEAVY RUBBISH REMOVAL
BID SECTION 2
Minimum equipment required- Check (4) equipment you have
fork or bucket loader
tractor with sufficient capacity, defined as the industry standard for the P.T.O. horse power
needed for the loader, to perform the work.
5 yard minimum capacity dump truck
EQUIPMENT
YEAR
MODEL CU. YDS.
HP $/HR.
Box/BUCKET
Du r
CF 7-
/��/
r
TO ,
Combined minimum price for fork/bucket loader and tractor.........$
per hour.
Minimum price for dump truck: ................................................ uLper hour.
FIRM NAME.�Vll SC'J'V' (Ia3 f ;fe, /-"eraZ
Are you a Corporation, Partnership, DBA, LLC, or PC
SIGNATUF
ADDRESS
'�r/ G'o/li/v C)
PHONE/FAX #f
P
Year
EXHIBIT A
WEED MOWING AND RUBBISH REMOVAL
BID SECTION 3
The minimum equipment required is: tease check (4) equipment you have
five-foot rotary or sickle mower
L tractor with sufficient capacity, defined as the industry standard for the P.T.O. horse power
\ needed for the make and model of mower;
�! hand tools
high back pickup truck
hand operated weed cutter
three-foot walk behind mower.
List a three-foot walk behind grooming mower, if available.
Equipment
07 Owe
�atsiw iLi�wei=
Tl�/�c�aF
i ..
Combined minimum price for tractor and mower:
$e!5"10 per hour.
h r,
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.
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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.
e. User interfaces (i.e., screens; reports; etc.) accurately show 4 digit years.
f. Year 2000 is correctly treated as a leap year within all calculation and calendar
logic.
Section 2. 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 3. 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.
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