HomeMy WebLinkAbout109244 WASTE MANAGEMENT - CONTRACT - BID - 5508 PORTABLE TOILETS RENTAL & SERVICING ANNUALSERVICES 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 Waste Management of Northern Colorado, 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 July 1, 2000, and
shall continue in full force and effect until June 31, 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.
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.
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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:
City of Fort Collins, Purchasing Waste Management
256 W. Mountain Ave. 500 E. Vine Dr.
Ft. Collins, CO 80521 Ft. Collins, CO 80524
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, per the
Cost Breakdown which is attached as Exhibit "C".
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
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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 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
workman ship/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
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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 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
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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.
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.
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
Ja . O'Neill II, CPPO
Dir ct of Purchasing and Risk Management
Date:— Clo ho J o
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AT EST:
LJ
CORP TE SECRETARY
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of borthern Colorado, Inc.
CORPORATE PRESIDENT OR VICE PRESIDENT
Date: % a)
(Corl1orate Seal)
EXHIBIT A
Scope of Work and General Requirements
1. Each portable toilet shall display a record of service clearly identifying personnel performing
service and date of service.
2. Pick up of canceled units or of units reaching their pre -established
termination date will be made within one week of cancellation or termination.
3. Units will be anchored, at the expense of the Contractor, where necessary.
4. Minor repairs of units will be made on site when possible. Any unit which cannot be repaired
on site must be exchanged within 48 hours.
5. Contractor must insure that toilet tissue will be placed in all units at the time of service.
6. Units which have been overturned shall be righted by the Contractor at no charge to the City.
7. Each unit shall be equipped with original equipment or the manufacturer's replacement parts.
Units with altered or rigged equipment will not be accepted, i.e., eye and hook as replacement
for locking mechanism.
8. Each unit shall be equipped with a working lock system, occupied/vacant indicator, tissue
paper holder that is firmly attached to the unit per manufacturer's specification, seat cover shall
be hinged and in working order. All other equipment shall be in working order.
9. All units shall be consistent in color, appearance and age. These units are for public use and
must represent a positive image.
10. Frequency of cleaning units must be maintained, i.e. weekly or daily. If awarded contractor
misses cleaning any units more than two times per year, City has the right to cancel contract
and award a new contract with next low responsive, responsible bidder.
11. Awarded contractor will be responsible for replacement of portable toilet if damaged by an
act of God. City will be responsible for replacement if damaged by vandalism.
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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
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:
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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