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HomeMy WebLinkAbout126508 RECREATION PLUS LTD - CONTRACT - BID - 5809 PLAYGROUND CLIMBING STRUCTURE COMPONENTS0 SERVICES 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 Recreation Plus, LTD, hereinafter referred to as "Service Provider". W ITNESSETH: 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 Playground Climbing Structure Components. 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 13 M H 17 18 19 20 �O [ 38"$1 trapeze horizontal ladder 9, /on Q 13 S y q hand ring horizontal ladder j d Triple ring fling/fun wheels/sky whe wobble wings (multiple wheels) `6 I Enclosures $ IM7 513 23 a 0 0 0 0 "7 0 4 to math play panel - 5 5 7 24 �•OOOp DUJ spelling lapanel 55 % 25 00 [ 0 � 8 q/)-driver olav panel 28 0( vUVO /OV 7 seat play panel - j U .4-- 29 a O O OC 7 (/ 5 slant window/look down/lookout play panel $ Li''S Climbers 30 4000 K 11 S 4 `f chain ladder/cargo for 3 ft deck 31 - 0 00 ( 37 a 0 loop 32 -)C)00� ,�S 91 pods/stone/bongo.... each 33 a oo0 $ S(,..3 S cliff/rock challenge V111 dte ^ 34 aZ00 O 0701).._. arch/curved for 4 ft deck 35 � 0600 20 3')--steps/stair for 3 ft deck 36 -� 0 000 70 33 steps/stair for 4 ft deck 8 W (p $ ) IS $),097 9 K, 38 S interdeck step/deck to deck climber 39 510 deck to deck steps Posts - 5" OD w/caps 40 d.000l390(v 5ft 41 -1000 13J 07 6 ft Other 44 a O 00 / i 93 % parallel bars - 3y $ 45 :� 000 i 3 8" f ),chinning bars 46 a 00 0 / '3 S j.). turning bars 47 dna Dull - /1 c) h 48 _ installation cost per hour X 25 hours TOTAL Note: grey highlighted items are mandatory AND award bid items I Z S& Total EXHIBIT D 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. a.nenLn. 441 j VVALI I ILt MR& "CERTIFICATE OF LIABILITY INSURANCE PRODUCER THIS CERTIFICATE IS ISSUED AS A MATTER OF WAUSAU INSURANCE COMPANIES ONLY AND CONFERS NO RIGHTS UPON THE PO BOX 8017 HOLDER. THIS CERTIFICATE DOES NOT AMEI ALTER THE COVERAGE AFFORDED BY THE POI WAUSAU, WI 54402-8017 715 847-8135 INSURED WAUSAU TILE INC. 9001 BUS HWY 51 Wausau WI 54401 PO BOX 1520 WAUSAU, WI 54402-1520 INSURERS AFFORDING COVERAGE INSURERA:WAUSAU UNDO :NSURER B:EMPLOYERS II INSURER C:WAUSAU BUSI I,SURER D: t.SURER E: DATE (MM/OD/YY) 12/26/02 INFORMATION CERTIFICATE D, EXTEND OR ICIES BELOW. i INSURANCE CO. COMPANY OF WAUSA RANCE COMPANY THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSUFFFD 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 HEREI4 IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. AGGREGATE LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. INSR TYPEOFINSURANCE POLICYNUMBER PDArF(MGY FECTIVE DPTE M/DD/ POATEIMPIDD/Y GATE MM/DDIY LIMITS A GENERAL LIABILITY YYJY91503213073 0101103 01/01/04 EACH OCCURRENCE $1 000 000 X COMMERCIALGENERAL �LIABILITY CLAIMSMADEIX OCCUR FIRE DAMAGE (Any one fireJs3000OO MED EXP(Anyone person) $10000 PERSONAL 6 ADY INJURY $1,000000 GENERAL AGGREGATE $2 000 000 - GENILAGGREGATE LIMITAPPLIESPER: POLICY PJRCT LOC PRODUCTS-COMP/OPAGG $Z 00O 000 B AUTOMOBILE LIABILITY ANYAUTO ASCY91503213043 01:01/03 O1/01/O4 COMBINED SINGLE LIMIT (Eaaccident) $11000,000 X ALL OWNED AUTOS - SCHEDULED AUTOS 80DILY I (Per personn)) $ HIRED AUTOS X NON -OWNED AUTOS - BODILY INJURY (Per accident) $ X PROPERTY DAMAGE (Per accide nt) $ - - — GARAGE LIABILITY AUTO ONLY-EAACCIDENT $ OTHER THAN EA ACC $ ANY AUTO $ - _ AUTOONLY: AGO B EXCESSLIABIUTY X OCCUR CLAIMS MADE THCY91503213053 0101103 01/01/04 EACH OCCURRENCE $10000000 AGGREGATE $1000O 000 S $ - DEDUCTIBLE X RETENTION $10000 - $ C WORKERS COMPENSATION AND WCKY91503213023 01 OV03 01/01/04 WCSTATU- I OTH EMPLOYERS! LIABILITY E.L. EACH ACCIDENT $100,000 E.L.DISEASE-EA EMPLOYEE $100,000 - E.L. DISEASE -POLICY LIMIT $500,000 ._ OTHER DESCRIPnON OF OPERATIONS/LOCATIONS/VEHICLES/EXC LUSIONS ADDED BYE DORS-.=MENT/SPECIAL PROVISIONS Additional Named Insured: WAUSAU TRANSIT LTD Additional Named Insured: IMPERIAL INDUSTRIES INC. Additional Named Insured: CALUMET INC. RECREATION PLUS 15209 W ELLSWORTH DRIVE GOLDEN, CO 80401-5007 I ACORD 25-S (7187)1 of 2 #M266906 SHOULD ANYOFTHE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORETHE E)PIRATION LATETHEREOF,THE ISSUING INSURER WILLENDEAVORTOMAIL30_ DAYSWRITfEN NOTICE TO THE CERTIFICATE HOLDERNAMED TO THE LEFT, 8UTFAILURE TO DO SOSHALL IMPOSE NO O B LIGATION OR LIABILITY OF ANY KIND UPON THE INSURERFTSAGENTS OR AUTHORIZED REPRESENTATIVE ACORD CORPORATION 1988 IMPORTANT If the certificate holder is an ADDITIONAL INSURED, the policy(ies) must be endorsed. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). DISCLAIMER The Certificate of Insurance on the reverse side of this form does not constitute a contract between the issuing insurer(s), authorized representative or producer, and the certificate holder, nor does it affirmatively or negatively amend, extend or alter the coverage afforded by the policies listed thereon. :ORD26-S(7/97)2 of 2 #M266906 ACORDDATE (MM/DDfn) CERT{F.1CATE LIABILITY INSURA' Nq6 M .OF 12/27/2002 PRODUCER Serial # 3187 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION AON RISK SERVICES, ILLINOIS ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE 1 1000 N. MILWAUKEE AVENUE HOLDER. THIS CERTIFICATE DOES NOT AMEND, EXTEND OR GLENVIEW, IL 60025 ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. ATiN: DOCUMENT PRODUCTION IT 866-283-712218d7-953-5390 3-6390 � COMPANIES AFFORDING COVERAGE D/B/A AON RISK INSURANCE SERVICES OF ILLINOIS, CA LICENSE NO. 0095623 COMPANY A TRAVELERS INDEMNITY CO. OF IL INSURED NEWELL RUBBERMAID INC. COMPANY NATIONAL UNION FIRE INSURANCE CO. OF PA LITTLE TIKES COMMERCIAL PLAY SYSTEMS B COMPANY 29 EAST STEPHENSON STREET FREEPORT, IL 61032 C COMPANY D ..+,�...31i; p i F.l l k N 1' i y+'k2:,,.�:f..,W,Mwry THIS IS TO CERTIFY THAT 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 CONTRACTOR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED B Y THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES, LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. ;LCo TYPE OF INSURANCE POLICY NUMBER POLICY EFFECTIVE DATE (MMIDDN-0 POLICY EXPIRATIONLIMITS DATE (MMIDDIYY) A GENERAL LIABILITY ITC2JGLSA199T2081TIL03 01/01/2003 01,01/2004 GENERALA.GGREG-TE $ 6,000,000 X COMMERCIAL GENERAL LIABILITY (ALL STATES) PRODUCTS-COMP/OP AGG $ 7,500,000 CLAIMS MADE ❑X OCCUR PERSONALS ADV INJURY $ 2,000,000 EACH OCCURRENCE $ 2,000,000 OWNERS & CONTRACTOR'S PROT X FIRE DAMAGE (Any one fire) $ BROAD FORM VENDORS COVERAGE INCLUDED MED EXP (Any one person) $ A AUTOMOBILE LIABILITY TC2JCAP199T2068TIL03 (AOS) 01/01/2003 01/01/2004 X ANYAUTO TC2ECAP 1 99T207ATCT03 (TX) COMBINED SINGLE LIMIT $ 2,000,000 ALL OWNED AUTOS - BODILY INJURY $ SCHEDULED AUTOS (Per person) HIRED AUTOS BODILY INJURY $ NON -OWNED AUTOS i (Per accident) - PROPERTY DAMAGE $ GARAGE LIABILITY - AUTO ONLY - EA AC CIDENT $ ANY AUTO OTHER THAN AUTO ONLY: EACH ACCIDENT $ AGGREGATE $ B EXCESS U BE2859968 01/01/2003 01/01/2004 EACH OCCURRENCE $ 5,000,000 UMBRELLA FORM X UMBRELLA AGGREGATE $ 5,000,000 OTHER THAN UMBRELLA FORM $ A WORKER'S COMPENSATION AND TRJUB199T203-2-03(RETRO 01/01/2003 01/01/2004 X TDRVLAMRS DE - EMPLOYERS' LIABILITY STATES EL EACH ACCIDENT $ 1,000,000 THE PRIETOR/ PARTNER&EXECUTNE INCL PMTNE TC2JUB204TO20303(AOS) EL DISEASE - POLICY LIMIT $ 1,000,000 OFFICERS ARE: EXCL EL DISEASE - EA EMPLOYEE $ 1,000,000 OTHER A EXCESS WORKERS' TWXJUB1 99T752503 -OHIO, 01/01/2003 01/01/2004 .COV.A(WC)-STATUTORY COMPENSATION MO (LEE -ROWAN AND LTCP), COV. 6 (EL) - GA (GOODY), AND EACH ACCIDENT - $500.000 KS (COMMERCIAL PRODUCTS) DISEASE - EACH EMPLOYEE - $500,000 DESCRIPTION OF OPERATIONSILOCATIONSIVEHICLESISPECIAL ITEMS RECREATION PLUS IS INCLUDED AS ADDITIONAL INSURED ON THE ABOVE GENERAL LIABILILTY POLICY. GL POLICY INCLUDES PRODUCTS COMPLETED OPERATIONS LIMITS OF $3,000,000 PER OCCURRENCE SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE RECREATION PLUS EXPIRATION DATE THEREOF, THE ISSUING COMPANY WILL ENDEAVOR TO MAIL 15209 W. ELLSWORTH DRIVE 30 DAYS WRITTEN NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE LEFT, GOLDEN, CO 80401 BUT FAILURE TO MAIL SUCH NOTICE SHALL IMPOSE NO OBLIGATION OR LIABILITY ATTN: CATHY OAFANY KIND UPON THE COMPANY, ITS AGENTS OR REPRESENTATIVES. AUTHOR" R/E�PRESENTATIVE OF AON RISK SERVICES INC OF IL - .. �S I ...' 6 .�: rl r.y �. �LL - �i��' dvq.�r'F, ..,'F ✓ .�_x.y" ..... ...., &nia`��iS {�iqN,S'�'�'Ly ACORD- CERTIFICATE OF LIABILITY INSURANCE PRMUCER THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION Flood & Peterson Insurance Inc ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE 4821 Wheaton Drive HOLDER. THIS CERTIFICATE DOES NOT AMEND, EXTEND OR P O B 270370 ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. ox Fort Collins, CO 80527 Steven and Edelwina Leschinsky dba Built for Fun, Inc. 6228 East Highway 402 Loveland, CO 80537 rnvcoAr-M0 INSURERS AFFORDING COVERAGE INSURER A: Swett & Crawford INSURERS: Pinnacol Assurance INSURER C: INSURER D: INSURER E: NAIC # 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. LTR INSRI TYPE OF INSURANCE POLICY NUMBER POLICY EFFECTIVE DATE MMIDD/YY POLICY EXPIRATION DATE M DrfY LIMITS A GENERAL LIABILITY COMMERCIAL GENERAL LIABILITY CLAIMS MADE FXI OCCUR BI1PD Ded:2,500 72LP150311 03/30/03 03/30/04 EACH OCCURRENCE $1 000 000 X DAMAICE CPREMO REC.NTED nCel $SO OOO MED EXP (Any one person) $5 OOO X PERSONAL & ADV INJURY $1 00O 000 GENERAL AGGREGATE E2 000 000 GEN'L AGGREGATE LIMIT APPLIES PER: POLICY PEO LOC PRODUCTS - COMPIOP AGG $t 000 000 ' AUTOMOBILE LIABILITY ANY AUTO ALLOWNEDAUTOS SCHEDULED AUTOS HIREDAUTOS NON -OWNED AUTOS COMBINED SINGLE LIMIT (Ea accident) $ BODILY INJURY (Per person) S BODILY INJURY (Peraccident) $ PROPERTY DAMAGE (Peraccident) $ GARAGE LIABILITY ANY AUTO AUTO ONLY - EAACCIDENT S OTHER THAN EA ACC AUTO ONLY: AGG $ S B q EXCESSIUMBRELLA LIABILITY OCCUR CLAIMS MADE DEDUCTIBLE RETENTION S WORKERSCOMPENSATION AND EMPLOYERS' LIABILITYTORY ANY PROPRIETOR/PARTNERIEXECUTIVE OFFICER/MEMBER EXCLUDED? I SPECdescribe under IAL PROVISIONS below OTHER Installation Floater 4028382 IMP76102802 04101/03 03/30/03 04i01/04 03/30/04 EACH OCCURRENCE $ AGGREGATE $ S S X WC LIMIT PR E.L. EACH ACCIDENT S $1 00O 000 E.L. DISEASE - EA EMPLOYE $1,000,000 E.L. DISEASE - POLICY LIMIT —', 000 50,000 DESCRIPTION OF OPERATIONS 1 LOCATIONS I VEHICLES I EXCLUSIONS ADDED BY ENDORSEMENT I SPECIAL PROVISIONS " Workers Comp Information *' Policy Fee CO Prem-140.00 1 001MCV'ATc unr nco Recreation Plus LLC 15209 W Ellsworth Drive Golden, CO 80401 LO ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION THEREOF, THE ISSUING INSURER WILL ENDEAVOR TO MAIL 'A0_ DAYS WRITTEN E TO THE CERTIFICATE HOLDER NAMED TO THE LEFT, BUT FAILURE TO DO SO SHALL ;E NO OBLIGATION OR LIABILITY OF ANY KIND UPON THE INSURER, ITS AGENTS OR ACnRFI OR /9nn4HIRL . _s ., _ AUTHORIZED REPRESENTATIVE GXB © ACORD CORPORATION 1988 -AC-ORD. CERTIFICATE OF LIABILITY INSURANCE 01/29103°"Y' PRODUCER I THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION IMA of Colorado, Inc. ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE 1550 17th Street, Suite 600 HOLDER. THIS CERTIFICATE DOES NOT AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. Denver, CO 80202 303 534-4567 INSURERS AFFORDING COVERAGE INSURED j INSURER A: Lexington Insurance Co (CRC -TX) Koala Corporation INSURER B: 7881 South Wheeling Court INSURER C: Englewood, CO 80112 i INSURER D: INSURER E: r_nVFRAGFS 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. NSR LTR TYPE OF INSURANCE POLICY NUMBER POLICY EFFECTIVE DATE MMIDD/YY POLICY EXPIRATOd-- DATE WOD/YY LIMITS A, I GENERAL LIABIUTY 14891804 110/15/02 110/15/03 EACH OCCURRENCE 1$1,000,000 nFCOMMERCIAL GENERAL LIABILITY I 1 FIRE DAMAGE (Any one fire) $50,000 7 �� CLAIMS MADE U OCCUR I MED EXP (Any one person) — $Excluded PERSONAL & ADV INJURY X BI/PD Ded:15000 $1 000,000 GENERAL AGGREGATE $2,000,000 III---G---ENNL AGGREGATE LIM IT APPLIES PER: PRODUCTS-COMPfOPAGG $2 000,000 i 1 POLICY JECTPRO �—, LOC I AUTOMOBILE U UAeIUTY I ANY AUTO I I CO Bi ED COMBINED SINGLE LIMIT I (EaALL $ F BODILY INJURY (Per person) $ OWNED AUTOS SCHEDULED AUTOS I I i I BODILY INJURY (Per accident) $ HIRED AUTOS NON -OWNED AUTOS 1 I PROPERTY DAMAGE- (Per accident) $ AGELIABILITY AUTO ONLY - EA ACCIDENT $ OTHER THAN EA ACC $ ANY AUTO $ AUTO ONLY: AGG EXCESS LIABILITY EACH OCCURRENCE $ OCCUR CLAIMS MADE AGGREGATE $ $ $ DEDUCTIBLE $ RETENTION $ WORKERS COMPENSATION AND EMPLOYERS'LIABILITY I WC STATU- i 10TH- TORY LIMITS ER E.L EACH ACCIDENT _ $ E.L DISEASE - EA EMPLOYEE $ E.L. DISEASE -POLICY LIMIT $ OTHER DESCRIPTION OF OPERA'nONS/LOCH-nONS/VEHICLESIEXCLUSIONS ADDED BY ENDORSEMENUSPECIAL PROVISIONS Recreation Plus, LTD Attn: Cathy Weissberg 15209 West Ellsworth Drive Golden, CO 80401-5007 SHOULD ANYOFTHE ABOVE DESCRIBED POLICIESBE CANCELLED BEFORETHE EXPIRATION DATE THEREOF, THE ISSUING INSURER WILL ENDEAVOR TOMAIL30_ DAYSWRITTEN NOTICETOTHE CERTIFICATE HOLDER NAMED TOTHE LEFT, BUTFAILURE TODOSOSHALL IMPOSE NO OBLIGATION OR LIABILITY OF ANY KIND UPON THE INSUREFLITS AGENTS OR ACORD 25S (7/97)1 of 2 #M154131 SZM 0 ACORD CORPORATION 1988 IMPORTANT If the certificate holder is an ADDITIONAL INSURED, the policy(ies) must be endorsed. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). DISCLAIMER The Certificate of Insurance on the reverse side of this form does not constitute a contract between the issuing insurer(s), authorized representative or producer, and the certificate holder, nor does it affirmatively or negatively amend, extend or alter the coverage afforded by the policies listed thereon. ACORD 25S (7/97) 2 of 2 #M154131 particular services 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 November 1, 2003, and shall continue in full force and effect until October 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 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 herein, the City may terminate this Agreement at any time without cause by 14 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 Fort Collins, Purchasing P.O. Box 580 Ft. Collins, CO 80522 Attn: John Stephen Service Provider Recreation Plus, LTD 15209 West Ellsworth Drive Golden, CO 80401-5007 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 three (3) pages, and incorporated herein by this reference. 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. ILI 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 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 16 n 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 party'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, 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. 17 11 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 "D", 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, 215 N. Mason, PO Box 580, Fort Collins, Colorado 80522 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 unenforceable by any court of competent jurisdiction such holding shall not invalidate or render unenforceable any other provision of this Agreement. 18 n SECRETARY CITY OF FORT COLLINS, COLORADO a municipal corporation By: Z,-,t Jam B. O'Neill II, CPPO Director of Purchasing and Risk Management Date: l D ` C) 9 --d RecreationPlus, PRINT Date: 10�0-0 3 (Corporate Seal) 19 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: 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: Date: Acceptance User 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: 20 EXHIBIT B Climbing Structure Component Bid Sheet Cost Mandatory Item # Component w/freight bid item Decks 4 02 000 0 (o L 0 1/2 hex a it 5 a 0 0 0 3 7 3 1 transfer deck (from ground to structure) Slides - plastic - one piece construction -IN VI- " 0 Bridges 9 a 00 00 giv)- arch bridge 8-10 ft. 10 curved/90' bridge - burma/catwalk (narrow bridge w/wider $ 11 a OO D U D 30 railings) - /, a 1 n disc challenge/floating stones/lily pods/bongo jungle climber (multiple pods a 000 (os-7i hanging from an overhead bar secured to $ C/ D `l3 12 ground by a chain)- 13 sbDc>O ��O wheel chair ramp -12 ft. ground to deck Overhead Events $ y 14 AD 0 10 a, y t V S horizontal ladder - loop/ring horizontal ladder (no moving $ 15 Doob 31I3 yy parts) - Ll 13 7