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Home My WebLink AboutCUSTOM ENVIRONMENTAL SERVICES - CONTRACT - RFP - P757 CHEMICAL SPILL CLEAN-UP SERVICES ANNUALSERVICES AGREEMENT WORK ORDER TYPE 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 Custom Environmental Services, 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. Services to be Performed. a. This Agreement shall constitute the basic agreement between the parties for services for Chemical Spill Clean -Up Services. The conditions set forth herein shall apply to all services performed by the Service Provider on behalf of the City and particularly described in Work Orders agreed upon in writing by the parties from time to time. Such Work Orders, a sample of which is attached hereto as Exhibit "A", consisting of one (1) page, and incorporated herein by this reference, shall include a description of the services to be performed, the location and time for performance, the amount of payment, any materials to be supplied by the City and any other special circumstances relating to the performance of services. No workorder shall exceed $50,000. The only services authorized under this agreement are those which are performed after receipt of such Work Order, except in emergency circumstances where oral work requests may be issued. Oral requests for emergency actions will be confirmed by issuance of a written Work Order within two (2) working days. b. The City may, at any time during the term of a particular Work Order and without invalidating the Agreement, make changes within the general scope of the particular services WOSA 7/98 11 Custom Environmental Scheduled Services Rate Schedule Page 2 Jan. 2000 VEHICLES --------------------------------------------------- =-------------------------- RATE UNIT ----------------------------- NOTE Automobile 65.00 day Truck, Pickup, 2wd 70.00 day Truck, Pickup, 4wd 95.00 day Truck, Emergency Response 150.00 day 1 Trailer, Emergency Response 150.00 day 1 PERSONAL PROTECTIVE EQUIPMENT ---------------------------------------------------------------------------------------------------------------- RATE UNIT NOTE Level A PPE 185.00 Change 2 Level B PPE 65.00 Change 2 Level C PPE 30.00 Change 2 SUPPORT EQUIPMENT RATE UNIT NOTE ---------------------------------------------------------------------------------------------------------------- Air Compressor, 185 cfm 140.00 Day Pressure Washer, Portable 100.00 Day Pressure Washer, Portable, Steam 185.00 Day Pressure Washer, Trailer 225.00 Day Pump, Diaphragm, 1" 105.00 Day Pump, Diaphragm, 2" 195.00 Day Pump, Diaphragm, 3" 325.00 Day Pump, Trash w/hose, 3" 95.00 Day Pump, Trash w/hose, 2" 75.00 Day Containment Boom 1.00 Foot/Day Lights, Explosion Proof 70.00 Day Blower, Copus 25.00 Day Blower, Electric 70.00 Day Negative Air Machine 65.00 Day Tripod, Retrieval Block, Harness 95.00 Day Vacuum, HEPA 40.00 Day Vacuum, Mercury 125.00 Day Custom Environmental Scheduled Services Rate Schedule Page 3 Jan. 2000 SUPPORT EQUIPMENT RATE UNIT SCBA, 60 Minute 125.00 Day SCBA, 30 Minute 95.00 Day Emergency Escape 5 Minute 75.00 Day Cascade Breathing Air System 140.00 Day Cellular Phone 15.00 Day INSTRUMENTS RATE UNIT Mini -Rae (PID) 95.00 Day Photovac Microtip (pid) 95.00 Day MSA Passport (02,le1, co,h2s) 75.00 Day Jerome Mercury Vapor Analyzer 195.00 Day HazCat Kit 55.00 Day Pump, Personal Air Sample 40.00 Day SUPPLIES / MATERIALS RATE UNIT Acid Suit 60.00 Each Alconox Sanitizer 15.00 Each Banner Guard 22.00 Roll Boots, Chemical PVC 28.00 Pair Boot Covers, Latex 7.00 Pair Breathing Air, Type K Bottle 36.00 Each Cartridge, Mercury 22.00 Each Cartridge; Combination 10.00 Each Citric Acid (50#) 70.00 Bag Drum, Steel Closed Top, 55 Gallon 42.00 Each Drum, Steel Open Top, 55 Gallon 52.00 Each Drum, Steel Closed Top, 15 Gallon 22.00 Each Drum, Steel Open Top, 15 Gallon 25.00 Each Drum, Poly Closed Top, 15 Gallon 30.00 Each Drum, Poly Open Top, 15 Gallon 33.00 Each NOTE NOTE NOTE Custom Environmental Scheduled Services Rate Schedule Page 4 Jan. 2000 SUPPLIES / MATERIALS RATE UNIT Drum, Poly Closed Top, 55 Gallon 55.00 Each Drum, Poly Open Top, 55 Gallon 60.00 Each Drum, Steel Closed Top, 30 Gallon 29.00 Each Drum, Steel Open Top, 30 Gallon 34.00 Each Drum, Poly Closed Top, 30 Gallon 37.00 Each Drum, Poly Open Top, 30 Gallon 40.00 Each Drum, Steel Salvage, 85 Gallon 135.00 Each Drum, Poly Overpack, 95 Gallon 195.00 Each Drum Liners 2.00 Each Duct Tape 5.00 Roll Floor Dry (40#) 10.00 Bag Gloves, Cotton 1.50 Pair Gloves, Latex 1.50 Pair Gloves, Nitrile 6.00 Pair Gloves, PVC 7.00 Pair Gloves, Butyl 19.00 Pair HEPA Filters, Negative Air Machine 125.00 Each Lime (40#) 25.00 Bag Poly Coated Tyvek 12.00 Each Sample Bottle, 40 mil vial 3.00 Each Sample Bottle, 4 -8 oz. 5.00 Each Sample Bottle, 16 - 32 oz. 7.00 Each Sample Bottle, 80 - 128 oz. 10.00 Each Drum Thieves 5.00 Each Rags 1.00 Pound Saranex 22.00 Each Sorbent Boom 48.00 Each Sorbent Pad 70.00 Bail Soda Ash 26.00 Bag Sodium Thiosulfate 9.00 Pound Responder Level A Suit 800.00 Each Tyvek 8.00 Each Vermiculite 20.00 Bag Visqueen, 6 mil 20X100 48.00 Roll NOTE Custom Environmental Scheduled Services Rate Schedule Page 5 Jan. 2000 HEAVY EQUIPMENT Rubber Tire Backhoe Front End Loader, 2.75 CY Bucket Front End Loader, 3.25 CY Bucket Uniloader, Bobcat 753 Excavator, 27,000 #, 18' Dig Depth Excavator, 44000 #, 2 F Dig Depth End Dump, 18 CY Truck / Trailer Vacuum Trailer Mounted Vacuum Truck Supersucker Vacuum Truck Heavy Equipment Mob / Demob RATE UNIT 350.00 Day 500.00 Day 625.00 Day 225.00 Day 525.00 Day 625.00 Day 72.00 Hour 75.00 Hour 85.00 Hour 140.00 Hour 69.00 Hour NOTE 3 3 3 3 3 3 1) Emergency Response Trailer Rate includes all stock equipment housed by trailer. Personal Protective Equipment, additional equipment, and all expendable materials will be billed per the individual rates. } 2) PPE rate includes all supplies, equipment, hazard pay for each change of PPE per man. Level A rate does not include expending the suit. Special or extensive usage of items or expending a Level A suit will be billed per individual rates. 3) Heavy Equipment Rates include fuel based on an 8 hour daily rate. Rates are based on an 8 hours of usage per day. ♦ All subcontractors, additional equipment, materials, services, and other non -rated items will be billed at cost plus 15 % ♦ Subsistence and lodging will be billed at cost plus 15%. ♦ Charges are portal to portal. ♦ Equipment rates do not include fuel. ♦ Net 30 days, 2% interest per month on unpaid balance. F USToM <ESS ENVIRONMENTAL SEfl010ES, INC. 8041 W. 1-70 Frontage Road, Unit #5 Arvada. Colorado 80002 303423-9949 • Fax 303-423.1854 24hr Response (800) 310-7445 EMERGENCY RESPONSE RATE SCHEDULE Effective January, 2000 Straight Over PERSONNEL ----------------------------------- ------------------------------------------------------------------------- Time Time Sr. Emergency Response Manager 85.00 85.00 Emergency Response Coordinator 75.00 75.00 Emergency Response Manager 70.00 70.00 Registered Professional Engineer 85.00 85.00 Chemist 50.00 50.00 Environmental Scientist 52.00 52.00 Health and Safety Supervisor 55.00 55.00 Secretary 30.00 30.00 Foreman / Response Supervisor 55.00 63.00 Equipment Operator 48.00 55.00 Technician Class lI 44.00 54.00 Technician Class I 38.00 46.00 Notes: Straight time applies to hours between 8:00 A.M. and 4:00 P.M. Monday - Friday or as negotiated. Overtime applies to hours after 4:00 P.M. and before 8:00 A.M. and all day Saturday and Sunday. Holidays to be billed at overtime rates. Workers who do not receive an 8 hour break between shifts shall be billed at overtime rates. Custom Environmental Emergency Response Rate Schedule Page 2 Jan. 2000 VEHICLES ----------------------------------------------------------------------------------------------------------- RATE UNIT NOTE Automobile 65.00 day Truck, Pickup, 2wd 70.00 day Truck, Pickup, 4wd 95.00 day Truck, Emergency Response 150.00 day 1 Trailer, Emergency Response 150.00 day 1 PERSONAL PROTECTIVE EQUIPMENT RATE UNIT NOTE Level A PPE 185.00 Change 2 Level B PPE 65.00 Change 2 Level C PPE 30.00 Change 2 SUPPORT EQUIPMENT RATE UNIT NOTE I Air Compressor, 185 cfm 140.00 Day Pressure Washer, Portable 100.00 Day Pressure Washer, Portable, Steam 185.00 Day Pressure Washer, Trailer 225.00 Day Pump, Diaphragm, 1" 105.00 Day Pump, Diaphragm, 2" 195.00 Day Pump, Diaphragm, 3" 325.00 Day Pump, Trash whose, 3" 95.00 Day Pump, Trash whose, 2" 75.00 Day Containment Boom 1.00 Foot/Day Lights, Explosion Proof 70.00 Day Blower, Copus 25.00 Day Blower, Electric 70.00 Day Negative Air Machine 65.00 Day Tripod, Retrieval Block, Harness 95.00 Day Custom Environmental Emergency Response Rate Schedule Page 3 Jan 2000 SUPPORT EQUIPMENT RATE UNIT Vacuum, HEPA 40.00 Day Vacuum, Mercury 150.00 Day Filter, Mercury Vacuum 175.00 Each SCBA, 60 Minute 125.00 Day SCBA, 30 Minute 95.00 Day Emergency Escape 5 Minute 75.00 Day Cascade Breathing Air System 140.00 Day Cellular Phone 15.00 Day INSTRUMENTS RATE UNIT Mini -Rae (PID) 95.00 Day Photovac Microtip (pid) 95.00 Day MSA Passport (02,1e1, co,h2s) 75.00 Day Jerome Mercury Vapor Analyzer 195.00 Day HazCat Kit 55.00 Day Pump, Personal Air Sample 40.00 Day a SUPPLIES / MATERIALS RATE UNIT Acid Suit 60.00 Each Alconox Sanitizer 15.00 Each Banner Guard 22.00 Roll Boots, Chemical PVC 28.00 Pair Boot Covers, Latex 7.00 Pair Breathing Air, Type K Bottle 36.00 Each Cartridge, Mercury 22.00 Each Cartridge, Combination 10.00 Each Citric Acid (50#) 70.00 Bag Drum, Steel Closed Top, 55 Gallon 42.00 Each Drum, Steel Open Top, 55 Gallon 52.00 Each NOTE NOTE NOTE Custom Environmental Emergency Response Rate Schedule Page 4 Jan 2000 SUPPLIES / MATERIALS (CONT.) RATE UNIT Drum, Steel Closed Top, 15 Gallon 22.00 Each Drum, Steel Open Top, 15 Gallon 25.00 Each Drum, Poly Closed Top, 15 Gallon 30.00 Each Drum, Poly Open Top, 15 Gallon 33.00 Each Drum, Poly Closed Top, 55 Gallon 55.00 Each Drum, Poly Open Top, 55 Gallon 60.00 Each Drum, Steel Closed Top, 30 Gallon 29.00 Each Drum, Steel Open Top, 30 Gallon 34.00 Each Drum, Poly Closed Top, 30 Gallon 37.00 Each Drum, Poly Open Top, 30 Gallon 40.00 Each Drum, Steel Salvage, 85 Gallon 135.00 Each Drum, Poly Overpack, 95 Gallon 195.00 Each Drum Liners 2.00 Each Duct Tape 5.00 Roll Floor Dry (40#) 10.00 Bag Gloves, Cotton 1.50 Pair Gloves, Latex 1.50 Pair Gloves, Nitrile 6.00 Pair Gloves, PVC 7.00 Pair Gloves, Butyl 19.00 Pair BEPA Filters, Negative Air Machine 125.00 Each Lime (40#) 25.00 Bag Poly Coated Tyvek 12.00 Each Sample Bottle, 40 mil vial 3.00 Each Sample Bottle, 4 -8 oz. 5.00 Each Sample Bottle, 16 - 32 oz. 7.00 Each Sample Bottle, 80 - 128 oz. 10.00 Each Drum Thieves 5.00 Each Rags 1.00 Pound Saranex 22.00 Each Sorbent Boom 48.00 Each Sorbent Pad 70.00 Bail Soda Ash 26.00 Bag Sodium Thiosulfate 9.00 Pound Responder Level A Suit 800.00 Each Tyvek 8.00 Each Vermiculite 20.00 Bag Visqueen, 6 mi120X100 48.00 Roll I NOTE Custom Environmental. Emergency Response Rate Schedule Page 5 Jan 2000 HEAVY EQUIPMENT Rubber Tire Backhoe Front End Loader, 2.75 CY Bucket Front End Loader, 3.25 CY Bucket Uniloader, Bobcat 753 Excavator, 27,000 #, 18' Dig Depth Excavator, 44000 #, 2F Dig Depth End Dump, 18 CY Truck / Trailer Vacuum Trailer Mounted Vacuum Truck Supersucker Vacuum Truck Heavy Equipment Mob / Demob RATE UNIT 350.00 Day 500.00 Day 625.00 Day 225.00 Day 525.00 Day 625.00 Day 72.00 Hour 75.00 Hour 85.00 Hour 150.00 Hour 69.00 Hour NOTE 3 3 3 3 3 3 1) Emergency Response Trailer Rate includes all stock equipment housed by trailer. Personal Protective Equipment, additional equipment, and all expendable materials will be billed per the individual rates. r 2) PPE rate includes all supplies, equipment, hazard pay for each change of PPE per man. Level A rate does not include expending the suit. Special or extensive usage of items or expending a Level A suit will be billed per individual rates. 3) Heavy Equipment Rates include fuel based on an 8 hour daily rate. Rates are based on an 8 hours of usage per day. ♦ All subcontractors, additional equipment, materials, services, and other non -rated items will be billed at cost plus 15 % ♦ Subsistence and lodging will be billed at cost plus 15%. ♦ Charges are portal to portal. ♦ Equipment rates do not include fuel. ♦ Net 30 days, 2% interest per month on unpaid balance. EXHIBIT C 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: 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. assigned and the Service Provider agrees to perform such changed services. 2. Changes in the Work. The City reserves the right to independently bid any services rather than issuing work to the Service Provider pursuant to this Agreement. Nothing within this Agreement shall obligate the City to have any particular service performed by the Service Provider. 3. Time of Commencement and Completion of Services The services to be performed pursuant to this Agreement shall be initiated as specified by each written Work Order or oral emergency service request. Oral emergency service requests will be acted upon without waiting for a written Work Order. Time is of the essence. 4. Contract Period, This Agreement shall commence upon signing of this agreement, and shall continue in full force and effect until July 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 90 days prior to contract end. 5. Delay. If either party is prevented in whole or in part from performing its obligations by unforeseeable causes beyond its reasonable control and without is 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. 6. Early Termination by City/Notices Notwithstanding the time periods contained WOSA 7/98 12 JUL-05-00 WED 04:28 PM VAN GILDER INSURANCE FAX N0, 303 831 5146 Js2NV1 ti.Jf�L/r.l diikTIFI AfE 6T INSURANCE rROpucER Van Gilder Insurance Corp. 700 Broadway, Suite 1000 Denver, CO 80203 P. 01 OAPF (MMimm) 07/05/00 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AMEND, EXTEND OR ALTER_ -THE COVERAGE AFFORDED BY THE POLICIES BELOW COMPANIES AFFORDING COVERAGE COMPANY AHartford Insurance Group INCURCD i _ .. _ . .._ _ _...... (%1L3tOm FnViT00TIlC'nCOMPANYtal Services, I BFinnaco]. Assurance1nC . I COMPANY 804] West T-70 Frontage Rrj., Unitf C Arvada, Co E10002 COMPANY _ d THIS IS TO CLRPIFY THAT TI-I- POLICIES OF INSUWVJCE. LISI-EL) 130OW HAVE UCCN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWIT)ISTANDIN(j ANY REi)UIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHCR DOCUMENT WITH RESPECT TO WHICH THIS 01-R•FIF'ICATE MAY BE 19SVED Oil MAY FERTAIN, THE. IN.-.URANCt: AFFONDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, F,XCL UFIoNlS ANI) CONDI'rIOPI$ Or. SUCH POLICIES. LIMITS SI IOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS, CO LTR TYPE Or INwRANCD POLICY P.UIdIB:R POLICY LFF[C11VE IpOLICY EXPIRATION LIMITS DATE IMM1DD/YY) I DATE (MM1130( ) ' CENLRALUAMUTY I S4'i BAL03791T C2/01/QO 102/01/01 GENERAL ACGREGAIt $2, OOO� GOO_ ICONIMGNCIAL OCNrUZAL I IADII ITY PRODUCTS-COMNOP AGG s2 , 0001.900. !CLAIMSMADC I X`UCCUR PERiONA(.&AFNINJUE1, 000, QQQ IOImkY(IrSACON UTACIOI:S Pr.UI EACIIOr,CLFRR1NCF____. 131, 000, 000 A AIJTOMORI1 C LIAMUTY .i{ I ANY AI PTO f ALL OW,IrD AUros ,GI1t;DULF..0 AU 108 X I IIRCO AUTOS X NON Own:cbnuios i 34I7FCL'Y428034 102/01/00;02/01/01 FIRE OAMAGC (Any dlc ruC) IS.� U NED EXP (Any ono person) IfE1 O COMBINBU SINCLE LINtIT IE BODILYINJ)_ Y S IPerperson BODILY INJURY E (Pw ocr d.r 1) PROPERFY DAMAGE S GARACE IJAI:ILITY—r—•——T^�� W AUTO ONLY -CA ACCIDENT..S ...._ ......__.._._ ANY Auto i _OTHER THAN AUTO ONLY: - •• • • _ EACI I ACCIOF.NT S I_,..1.... _..--�-..— ,...........,...., .. ACCRE-OATE S F EXCESS LIABILITY i EACH OCCURRENCE S IIMDFtEI I A FC,HFd I I _AGGREGATE- .••... ____. E •-J OYl ll-IT It IAN IIMCRELLA rORM ' __M•I•N�u`-_ S }� WORM kS COrm,ENSATION AND 401F3550 104/01/00 04/01/01 x1STATUTORY LIMITS _.-- f MPLOYE'RS' unUILN'Y I EACII ACCIDENT jg1frIErIGI11E':R0 DAR'f:_ 1..O_O_O DISEnSC-rgICY lIMR _ rATt)Nnrl:.IAxrrIRNEI I $509 T 90.0 EXI:L_._._ DISCASE•EACHEMPLOYEEIElOQ, 000 A •OTIIQ Automobile 34UECVY42E3p .........__ 102/03/00 02/01/01 Comprehensive & �PIIyL,ica1 I)am.t��e I Collision Ded: $250 il,e;ased/Rented/ 346ISI�Z2840 107/23/00 107/23/01 $100,000 Limit 13orrowed Rcuip I i $50) Deductible Df,SCkIP(ION OF qf'i RATIONSIL UCATIONSNEt11CLESISP4CIAL fYEMS �^ �•��—LL "��u RL : Spill Responcie and 4gzAs;e DwposZtl City of Fort Collinsl iaa listed as an Additional Insured in respect to General and Automobile Liability. 0! t�1'IFI L:'Al'� HGLLh t R. �....'_.._.. �._____�..—___._�...,.... �_. --•.•_ CANCELLATION SHOULD ANY OF THE ABOVE DESCRLBEb POLICIES BE CANCELLED BEFORE THE City of hart- Col 1 ins EANIHA'nON bA rE THEREOF, THE ISSUING COMPANY WILL ENDEAVOR TO MAIL 1)ur.chasing ncpartment -10— DAYS WRITTEN NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE LEFT. 25 G W . Mu1.I n t. a i n Avenue. BUT FAILURE TO MAIL SUCH NOTICE SHALL IMPOSE NO ODLIGATION OR LIABILITY 110I.-: Collins, CO SOS21 Or ANY KIND UPON THE COMPANY I)S AGENTS OR REPRESENTATIVES. AUTIICRIzi.O RCPRESENTATFVE I - ACC>RD 25•S (3193) 1 Of 1 _` 1 1 C C)_3L� 7 3 02__ CMP 0 ACORD CORPORATION 1993 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 mailed 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 address: City: City of Ft. Collins Purchasing 256 W. Mountain Ave Ft. Collins, CO 80521 Copy to Dept.: Natural Resources P.O. Box 580 Ft. Collins, CO 80522 Attn: Margit Service Provider: Custom Environmental Services, Inc. 8041 W. 1-70 Frontage Rd., Unit #5 Arvada, CO 80002 In the event of early termination by the City, the Service Provider shall be paid for services rendered to the termination date, 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. 7. Contract Sum. This is an open-end indefinite quantity Agreement with no fixed price. The actual amount of work to be performed will be stated on the individual Work Orders. The City makes no guarantee as to the number of Work Orders that may be issued or the actual amount of services which will in fact be requested. No Work Order of $50,000 or more shall be issued. 8. Payments. a. The City agrees to pay and the Service Provider agrees to accept as full payment for all work done and all materials furnished and for all costs and expenses incurred in performance of the work the sums set forth for the hourly labor rate and material costs, with markups, stated within the Bid Schedule Proposal Form, attached hereto as Exhibit "B", consisting of ten (10) pages, and incorporated herein by this reference. WOSA 7/98 13 b. Payment shall be made by the City only upon acceptance of the work by the City and upon the Service Provider furnishing satisfactory evidence of payment of all wages, taxes, supplies and materials, and other costs incurred in connection with the performance of such work. 9. City Representative. The City's representative will be shown on the specific Work Order and shall make, within the scope of his or her authority, all necessary and proper decisions with reference to the work requested. All requests concerning this Agreement shall be directed to the City Representative. 10. Independent Contractor. It is agreed that in the performance of any services hereunder, the Service Provider is an independent contractor responsible to the City only as to the results to be obtained in the particular work assignment and to the extend that the work shall be done in accordance with the terms, plans and specifications furnished by the City. 11. 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. 12. 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 under the Agreement or of any cause of action arising out of the performance of this Agreement. 13. Warranty. (a) Service Provider warrants that all work performed hereunder shall be performed with the highest degree of competence and care in WOSA 7/98 18 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. 14. 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. 15. 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 parry's reasonable attorney fees and costs incurred because of the default. 16. 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, WOSA 7/98 19 employees, agents and assigns and shall inure to the benefit of the respective survivors, heirs, personal representative, successors and assigns of said parties. 17. 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 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. 18. 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. 19. Law/Severability, This Agreement shall be governed in all respect by the laws of the State of Colorado. In the event any provision of this Agreement shall be held invalid or WOSA 7/98 20 unenforceable by any court of competent jurisdiction such holding shall not invalidate or render unenforceable any other provision of this Agreement. CITY OF FORT COLLINS, COLORADO a municipal corporation By: Qa) I, JoU F. Fischbach City Manager By: .> Ja es . O'Neill II, CPPO Dir r of Purchasing and Risk Management Date: Custom Environmental Services, Inc. By: PRINT NAME EE :>, Ls(f1J 1 CORPORATE PRESIDENT OR VICE PRESIDENT Date:_A ! O (Corporate Seal) WOSA 7/98 21 EXHIBIT "A' WORK ORDER FORM PURSUANT TO AN AGREEMENT BETWEEN THE CITY OF FORT COLLINS AND DATED: Work Order Number: Purchase Order Number: Project Title: Commencement Date: Completion Date: Maximum Fee: (time and reimbursable direct costs): Project Description: Scope of Services: Acceptance User Service Provider agrees to perform the services identified above and on the attached forms in accordance with the terms and conditions contained herein and in the Services Agreement between the parties. In the event of a conflict between or ambiguity in the terms of the Services Agreement and this work order (including the attached forms) the Services Agreement shall control. Service Provider By: The attached forms consisting of _ (_) pages are hereby accepted and incorporated herein by this reference, and Notice to Proceed is hereby given. City of Fort Collins By: Date: WOSA 7/98 22 EXHIBIT B 8041 W. 1-70 Frontage Road. Unit #5 Arvada. Colorado 80002 303-423-9949• Fax 303-423-1854 24hr Response (800) 310-7445 SCHEDULED RATE SCHEDULE Effective January, 2000 Straight Over PERSONNEL ------------------------------------------------------------------------------------------------------------- Time Time Sr. Response Manager 75.00 75.00 Response Coordinator 70.00 70.00 Project Manager 64.00 64.00 Registered Professional Engineer 75.00 75.00 Chemist 43.00 43.00 Environmental Scientist 44.00 44.00 Health and Safety Supervisor 48.00 48.00 Secretary 25.00 25.00 Foreman / Response Supervisor 50.00 62.00 Equipment Operator 42.00 54.00 Technician Class II 38.00 47.00 Technician Class I 34.00 42.00 Notes: Straight time applies to hours between 8:00 A.M. and 4:00 P.M. Monday - Friday or as negotiated. Overtime applies to hours after 4:00 P.M. and before 8:00 A.M. and all day Saturday and Sunday. Holidays to be billed at overtime rates. Workers who do not receive an 8 hour break between shifts shall be billed at overtime rates.