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HomeMy WebLinkAboutRESPONSE - BID - 5825 LIBRARY COURIER SERVICE (3)CITY OF FORT COLLINS BID PROPOSAL BID #5825 BID OPENING: NOVEMBER 21, 2003, 3:00 p.m. (our clock) WE HEREBY ENTER OUR BID FOR THE CITY OF FORT COLLINS' REQUIREMENTS FOR LIBRARY COURIER SERVICE PER THE BID INVITATION, ATTACHED SPECIAL INSTRUCTIONS, AND ANY REFERENCED SPECIFICATIONS: The City of Fort Collins is soliciting bids to provide pickup and delivery service for its Public Library Department (Fort Collins Public Library). This service (per attached scope of work) includes pickup and delivery services between the Main Library, located at 201 Peterson Street; Technical Services (TS) at 101 Remington Street and the Harmony Library at Front Range Community College Campus, Fort Collins, Colorado. Items collected are to be presorted into branch print and non -print categories and are collected and transported in collapsible crates. This service involves 365 days of service per year, including all holidays and weekends. The Public Library seeks a flat per circuit bid for weekdays and for weekends and holidays if different than that for weekdays. The Bid Schedule includes a list of current circuits with the number of weekday and weekend runs. The service provider must be prepared to increase or decrease services according to the library's needs and time of year. The number of circuits and/or the number of times each circuit is to be run may change. The service provider must enter into the attached service agreement with the City of Fort Collins and provide insurance as requested in Exhibit "B". The Agreement shall commence January 1, 2004 and shall continue in full force and effect until December 31, 2004, 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. For Technical questions, please call Lynda Dickson at (970) 221-6889. For Purchasing/contract questions, please call David Carey, C. P. M., Buyer at (970) 416-2191. 4 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. 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. 08/03/03 13 08/03t03 14 Anfance Protection, Ltd PO Box 2401 ,fort Coffin, CO. 80522 To Whom It May Concern: Anlance Protection, Ltd. has received the Addendum No. 1 for the Bid # 5825, Library Courier Services. Barry Wi n, President Anlance Protection. Ltd. 1 8o0 767-6885 970 484-8095 info@anfance.com www.anlance.com CITY OF FORT COLLINS ADDENDUM No. 1 SPECIFICATIONS AND CONTRACT DOCUMENTS Description of Bid: 5825 Library Courier Service OPENING DATE: 3:00 P.M. November 21, 2003 To all prospective bidders under the specifications and contract documents described above, the following changes are hereby made. ADD TO SCOPE OF WORK: Drop times are negotiable depending on the situation and circumstances of the Service Provider. All time changes must have prior approval of the City Representative. ADD TO BID SCHEDULE: It is acceptable to bid on one (1) or both circuits; however preference will be given to bidder who can service both circuits. RECEIPT OF THIS ADDENDUM MUST BE ACKNOWLEDGED BY A WRITTEN STATEMENT ENCLOSED WITH THE BIDIQUOTE STATING THAT THIS ADDENDUM HAS BEEN RECEIVED. 11/20/2603 15:54 w02263929 KISSOCKANDCRAM PAGE 01 PLEASE READ YOUR POLICY POLICY NUMBER CA 0-19-65-534-1 Wits Dectrttwtlana FaD9lAmwitaW Declaration Pape • the pocky locket identified by the twin and edition date "Ated cmmplates tam above numbered palmy ' Prew"s Pot" Nuraber - arm 1050 Ed- 1194 -, ff** YIItS AMENDED DECLARATION SUPERSEDES PRIOR DECLARATION PAGE EFFECTIVE 06/30/03 *** DECLARATIONS I NAMED INSURED EP SERVICESINC PAGE 1 OF 3 1800 E LINCOLN #C3 M FORT COLLINS Cfl A-0524 l '« l� a ee 1 ENDORSED EFFECTIVE: NOV 10, 2003 ----- __ POLICY TERM: JUN 30, 2003 TO DEC 30, 2003 A K I SSOCK AND CRAM 1 NC TMs 00" alcepls the Mier of: 1. the time the apPfiCSIM for 6tturance is ilxetrrfell on to 181 W BOARDWL K DR 2g2 the first dvV of the pocky period: Of 2 12 01 a M. on the fast day of the po" pemd. NFT COLLINS CD D525 This pokey she6 d. expire in 12:01 am m the feet day of the policy period PROGRESSIVE CASUALTY INS. CO. A PROOR6sS1YE CCWAW PROGRESS P.O. BOX 94739, CLEVELAND, OHIO 44101 1-800-444-44117 The 100owinp caverepe and Omits apply to the desmityld vetucW a3 shown iW ". CNarreliLa a.e 41168rled in the policy and are suDkct to the terms and conditions Contained in the policy. mc:WdinO Mrendments end andorsenWms. No charities will be effective Prim to the time chsrgn an requesled. SCHEDULE OF COVERAGES AND LIMITS OF LIABILITY COVERAGES FULL TERM PREMIUM CHARGES A SINGLE LIMIT BODILY INJURY AND PROPERTY DAMAGE LIABILITY $500,000 EACH ACC $2gg10 D COMP OR FTCAC STATED ANT SEE PHYSICAL DAMAGE BY VEH FOR DED S63 E COLLISION OR UPSET -STD AMT SEE PHYSICAL DAMAGE BY VEH FOR DED 1333 1 UM/UNDfRINSURED MOTORIST S 501000 /PERS. $100.000 /ACC. $Z136 PERSONAL INJURY PROTECTION-PPO OPTION (SELECTIVE HEALTH CARE PROVIDERS) $1056 BASIC WITH $0 DED WITH WORKERS COMP i UNINSURED MOTORIST PROPERTY DAMAGE REJECTED DRIVER 02 DELETED VEHICLE 03 ADDED SURCHARGE CHANGED FILING FEES $0.00 TOT. CHARGES DUE TO CHANGE $697.00 TOTAL TERM PREMIUM $4,579.00 ATTACHMENT IDENTIFIED BY FORM NUMBER 9585 (o8-947 1716A (0i-93) 2004C (07-90) 3098 (12-96) 5686 (02-97) 8470 (12-86) DRIVERS PAGE 2 . COVERED VEH PAGE 3 PUC-N OTH-N ** THIS POLICY HAS SOME NON-STANDARD RESTRICTIONS, PLEASE READ IT CAREFULLY ** Any 103a under part I 1 I is payable a$ interest may appear to named insured and a0aye ions payee' Prop PlemiUrn Sudast• C 4 Fin. Heap. File: For Wtxx.t Celia No: w111002%Factm Use: 27. 32 C4 AGO 03315 INC 10.0 CAICS11C FIR 092000 Coumersrpned: ey yk'1c-A Y�tA1-7: 73'iSc.`n 1113 (12-92) AGENT COPY =ee , 0320001213011301 11/20/2003 15:54 9702263929 KISSOCKANDCRAM PAGE 02 PLEASE READ YOUR POLICY POLICY NUMBER CA 0-19-65-534-1 TM OW)AF611110uti Feprwmanded Declaration Pow h the policy W-w identified by the lam and edition dat. cased Completes the above numbered policy Ptevteus Pocky Number: _norm 1050 Ed. 1 194 1 *** THIS AMENDED DECLARATION SUPERSEDES PRIOR DECLARATION PAGE fff€CTIV£ 06/30/03 **A DECLARATIONS T' NAMED INSURED EP SERVICES 1 NC PAGE 3 OF 3 1800 E LINCOLN #C3 e M FORT COLLINS CO 80524 ENDORSED EFFECTIVE: NOV 10, 2003 POLICY TERM: JUN 30, 2003 TO DEC 30, 2003 A K I SSOC K AND CRAM I N C This Poky 1006ista the calm of: t the time the apolicabon for msurenu is am clad on G 181 W BOAROWLK DR 202 the first day of the Porky period, or 2 12.01 a.m. on the ram day of the policy period NFT COLLINS CO 80525 Tfate policy Shall erpre at 12:01 a.m. on the later day of the policy period. T ® CA-55248 PROGRESSIVE CASUALTY INS. CO. APROOMSUM COMPANY P.O. BOX 94739, CLEVELAND, OHIO 44101 14o0-4444487 The following novsrage and limits apply to Ms desnibed on to as shown below. Coverages are delined in the policy and see subject to the terms and condninna cOntaInad in the policy, including amandlMnls end twrdasamerllle No chengea will be oftch%v p:ax to the time chergaa we raquieststd. SCHEDULE OF COVERED VEHICLES VEH OR TRADE BODY VEH TER RAO DSC DSC NO NO YR NAME TYPE SERIAL NO CLS NO ZIP IUS COD PCT 1-01 1 2-08 6 92 CHEVROLET PASS AUTO FORD 1G1BL55374NR142966 S30 6 0524 050 000 3 09 4 97 03 DODGE PASS AUTO PASS 2FALP)3Y1 W 64955 S30 66 0524 050 000 AUTO 283HD R03M548411 S30 66 80524 050 000 4-10 2 0 DODGE PASS AUTO 283HO46RX3H559464 S30 66 80524 050 000 5 It 5 033 DODGE PASS AUTO 26ZHD46R53H5332432 S30 66 80524 050 000 6-12 3 91 JEEP SUV IJFJ58SXML582990 S32 66 80524 050 000 LIABILITY PREMIUM BY VEHICLE VEM MED NO LIAB PAY UM/UIM UM/PD PIP PIP/PPO 2 462 36 .. ........_.. 508 - 36 L t8i84 3b _ 5 Z62 b 36 168 PHYSICAL DAMAGE PREMIUM BY VEHICLE VEH COMP OR FT/LAC COLLISION ON —HOOK VEH NO TYPE DEB PREM BED PREM LIMIT BED PREM TOTAL 1 666 2 666 3 COMP 1,fl00 21 ill 860 4 COMP 11000 11.000 21 1,000 111COMP till 1,000 21 1,000 666 Any loss under Net I 1 I Is payable so Interest may appear to nsrtred Insured and above loss payee; Prop Premium Budget: C4 Fin. 11"p- F40; For 1Nhem:. Case No: WRI002 %Fwar use; 27.32 F C4 AGO 03315 INC 10.0 CAICSIIc 092000 Countasdpned: 8y sr +'1 i1,.J� / A aiteed j� ;- tt13 (t2•e21 C�OG�AGENT COPY Cw2t]Lt 11 ]b] '942 •? JACORD CERTIFICATE OF LIABILITY INSURANCE DATE(MWWNYM 'RODtICER (470)223-0924 (970)Z67-2231 08/11/2003 Community First Insurance, Inc. 1075 ( I I ONLY AND CONFERS NOItiGHT;UPONTHE CERTIFICATE W Horsetooth Rd, Ste 100 Fort Collins, HOLDER. THIS CERTIFICATE DOES NOT AIMENO, EXTEND OR ALTER THE COVERAGE AFFORDED CO 80526 8Y THE POLICIES BELOW. INSURERS AFFORDING COVERAGE ieURED Anlance Protection Lt NAIC III PO Box 2401 BRA Everest Insurance/All Risks Ltd. Ft Collins, CO BOS22 INSURER B: INSURER INSURER D: OVERAGES INSURER E .� r .._._..-- ... _ _..._ .. .o .,. _ BEL HE IUIRE E URANOE LISTED IONO F HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOT VYITH3TANrmu 'ANY REQUIREMENT, OR CONDITION OF ANY CONTRACT OR OTHER nnrl Bacntr wm, e�eeKe T ....._.. — . _ _ . _ . ---• - _._ .... v... o T r ne rul-ILAM UESCRIBED POLICIES. AGGREGATE LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID HEREIN IS SUBJECT CLAIMS. TO AU L THE TERMS ��� r rr-n.n' c MAT CG ISSUED OR EXCLUSIONS AND CONDITIONS OF SUCH LTR NSIH YPE OF INSURANCE POLICY NUMBER-POCAUTEMWOMM GENERAL LIABILITY 51GL000975031 X COMMERCIAL GENERAL LIABILITY _ 07/13/2003 07/13/2004 LIMITS RENCE] 1 , 000 0001 CLAIMS MADE OCCUR n S 5�, A X ane Pe son) $ S OO GF1J'L AGGREGATE LIMB APPLIES PER:POLICY 7PMRSONAL ADV INJURY j 1000, REGATE f2. 000 OMPA�AGG j 1 000, jE LOC AUTOMOBILE LWBILf7Y ANY AUTO COMBINED SINGLE LIMIT Ma accident) S ALL OWNED AUTOS BODILY INJURY f SCHEDULEDAUTOS HIREOAUTOS - - NON -OWNED AUTOS BODILY INJURY (Per eciid0 I j PROPERTY DAMAGE (Per accident) f GARAGE LIABILITY - ANY AUTO AUTO ONLY - FA ACCIDENT S OTHER THAN FA ACC AUTO AUTO ONLY: AGG f f EXCESSNIMBRELIA LIABILITY OCCUR ❑CLAIMS MADE _ _ OCCURRENCE j AGGREGATE j S DEDUCTIBLE S RETENTION S -- S WORKERS COMPENSATION AND EMPLOYERS! LIABILITY U RS ER ANY PROPRIETOR PARTNERIE(ECUTNE OFFWMMEMBER EXCLUDED? E.L. EACH ACCIDENT j E.L. DISEASE - EA EMPLO 3 .Iyes describe under SPECIAL PROVISIONS below E.L. DISEASE - POLICY LIMIT f OTHER )ESCRIPTION OF OPERATIONS l LOCATIONS ! VEH161 EXCL ADDED BY ENDOPMEM ff—I SPECIAL PR Nis he-.cer_tificete-holder is named -as an additional iu3urad as their may appear with -interest aspect to the ongoing operations of the names! insured. ER COPY vrvTvc� r r m SHOULD ANY OF THE ABOVE DESCRIBED POLICIES SP CANCELLED BEFORE THE EXPIRATION DATE THEREOF, THE ISSUING INSURER WILL ENDEAVOR TO MAIL O_ DAYS WRITTEN NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE LEFT. BUT FAILURE TO MAIL SUCH NOTICE SHALL IMPOSE ND OBLIGATION OR LIABILITY OF ANY IBNQAON THE INSURER, ITS AQRf AQ0RF./RGBENTAiTWFS__ — _ - .,I PINNAACOL ASSURANCE ITEM 1. INSURED: ANLANCE PROTECTION LTD PO BOX 2401 FORT COLLINS CO 80522 7601 E Lowry Blvd Denver, CO W230-7000 www.pinnacol.com Policy Information Page POLICY #: 4064145 POLICY TYPE: ADVANCE AGENT: COMMUNITY FIRST/THE EMPLOYER'S SOUR 1075 W. HORSETOOTH RD. SUITE 100 FT. COLLINS, CO 80526 (970) 223-0924 PR / 9.00 UNLESS OTHERWISE STATED, THIS POLICY COVERS: LOCATIONS - ALL USUAL WORKPLACES OF THE INSURED AT OR FROM WHICH OPERATIONS COVERED BY THIS POLICY ARE CONDUCTED AND ARE LOCATED AT THE ADDRESS LISTED ABOVE. ITEM 2. POLICY PERIOD: FROM 01101/2003 TO 01/01/2004 12:01 A.M. MOUNTAIN STANDARD TIME ITEM 3. A. WORKERS' COMPENSATION INSURANCE: PART ONE OF THE POLICY APPLIES TO THE WORKERS' COMPENSATION LAW OF THE STATES LISTED HERE: COLORADO B. EMPLOYERS LIABILITY INSURANCE: PART TWO OF THE POLICY APPLIES TO WORK IN EACH STATE LISTED IN ITEM 3 A. THE L04M OF OUR LIABILITY UNDER PART TWO ARE: BODILY INJURY BY ACCIDENT $1,000,000 EACH ACCIDENT BODILY INJURY BY DISEASE $1,000,000 EACH EMPLOYEE BODILY INJURY BY DISEASE $1,000,000 POLICY LIMIT C. OTHER STATES INSURANCE: PART THREE OF THE POLICY APPLIES TO THE STATES, IF ANY, LISTED HERE: NONE (CONTACTUS FOR INFORMATION OUTSIDE THE STATE OF COLORADO) D. THIS POLICY INCLUDES THE ATTACHED ENDORSEMENTS AND SCHEDULES: 1TEM 4. WE WILL DETERMINE THE PREMIUM FOR THIS POLICY BY OUR MANUALS OF RULES, CLASSIFICATIONS, RATES AND RATING PLANS. ALL INFORMATION REQUIRED BELOW IS SUBJECT TO VERIFICATION AND CHANGE BY AUDIT. THE STATEMENTS OF ESTIMATED ADVANCE PREMIUM ARE ALSO PART OF THIS POLICY. BID SCHEDULE BID # 5825-LIBRARY COURIER SERVICE Please fill-in the daily and total charges for each circuit. CIRCUIT FREQUENCY DAILY RATE TOTAL 1) Weekday 1x/day $ / . `j • /day $ AZ" O for (5) days (TS- Main- Harmony-TS-Main) 2) Weekend 1x/day $jffY. 76lday $_3 7 •5;2- for (2) days (Main -Harmony -Main) TOTAL COST PER WEEK: 3-2, NAME OF FIRM: Arlon t�e_ /ram/• SIGNATURE: �✓ bi % PRINTED NAME: 2� Cam. Ly/L�Uti/ TITLE: ,&Si��r" ADDRESS: /i(6V £• 4ne0b) * C - 3 CITY: LoRtf©//r.?� Co. ZIP: So.SaZy TELEPHONE #: �/70 0-11 o-02 S- FAX#: 97o- 332S SCOPE OF WORK The Service Provider will make one (1) complete circuit daily (Monday -Friday) between Technical Services (TS), the Main Library and Harmony Library. Route: Start at TS, collect materials for Main & Harmony Libraries; go to Main Library drop TS items and collect Harmony and outgoing TS items; go to Harmony drop TS items and Main items, collect outgoing items for TS and Main; go to TS with items collected for TS from both libraries; and return to Main with items from Harmony. The Service Provider will make one (1) complete circuit (Saturday -Sunday) between the Main and Harmony Libraries. Route: Start at Main, go to Harmony, return to Main. 3. Drop Times: Harmony Library -prior to 8:30 a.m. (M-F), and 9:00 a.m. (Saturday), and 11:00 a.m. (Sunday) Main Library -prior to 9:00 a.m. (M-F), and 9:30 a.m. (Saturday), and 11:30 a.m. (Sunday) Technical Service is open at 7:00 a.m. (M-F) 4. Service Provider must provide reliable transportation and dolly. 5. Library requires itemized (number of visits per -site per month) monthly billing. 6. Monthly reports of concerns, issues and recommendations must be submitted to the City Representative by the 10`h of each month. Open, immediate and daily communication is required in conjunction with the monthly reports. Service Provider must sign a key request form with Front Range Community College for a key to Harmony Library. Holiday service will be determined in partnership with the City Representative. 9. Should an expansion of service between the Main and Harmony Libraries be deemed necessary rates will remain the same. l A 4^1^A 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 Anlglic PioYe6har) 1-id, , 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 (1 ) page[s], and incorporated herein by this reference. 2. The Work Schedule. [Optional] The services to be performed pursuant to this Agreement shall be performed in accordance with the Work Schedule attached hereto as Exhibit "B", consisting of () page[s], and incorporated herein by this reference. 3. Time of Commencement and Completion of Services. The services to be performed pursuant to this Agreement shall be initiated within (_) days following execution of this Agreement. Services shall be completed no later than 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. 4. Contract Period. [Option 1] This Agreement shall commence upon the date of execution 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. oA 4^1^4 4. Contract Period. [Option 2] This Agreement shall commence J-A�J /, 200: , and shall continue in full force and effect until DCO 3 L , 200 `r 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 (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. 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 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. [Early Termination clause here as an option. 6. 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: Ab/Ghee b/'DfIeaion 1-t %f�CJO c�i59 GiNlo/s7 AuG *-c-3 C^ AA/AA 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. 7. Contract Sum. The City shall pay the Service provider for the performance of this Contract, subject to additions and deletions provided herein, the sum of ($ ) [Option Cost Breakdown is attached Exhibit "C' ] Dollars 8. 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. 9. 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. 10. 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. 11. 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. oh 4nm4 12. Warran . (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. 13. 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. 14. 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. 15. 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, oA 4nin4 employees, agents and assigns and shall inure to the benefit of the respective survivors, heirs, personal representatives, successors and assigns of said parties. 16. 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 a an additional insured under this Agreement of the type and with the limits specified within Exhibit B , consisting of (-)A-S ( P ) pages[s], 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, P. O. Box 580 Fort Collins, Colorado 80522 one copy of a certificate evidencing the insurance coverage required from an insurance company acceptable to the City. 17. 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. 18. 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. oA 4n,n4 19. Special Provisions. [Optional] Special provisions or conditions relating to the services to be performed pursuant to this Agreement are set forth in Exhibit __, consisting of `_) page[s], attached hereto and incorporated herein by this reference. ATTEST: City Clerk APPROVED AS TO FORM: Assistant City Attorney CITY OF FORT COLLINS, COLORADO a municipal corporation By: John F. Fischbach City Manager James B. O'Neill II, CPPO, FNIGP Director of Purchasing and Risk Management Date: [Insert Corporation's name] or [Insert Partnership name] or [Insert individual's name] Doin ess a [irk a name of business] Y. / PRINT NAME CORPORATE PRESIDENT OR VICE PRESIDENT Date: //'LZD � ATTEST: (Corporate Seal) i CORPORATE SEC E ARYL�` nn 4nin+