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HomeMy WebLinkAbout307738 MANCOM MANUFACTURING - CONTRACT - RFP - P908 SHOOTING RANGE RETRIEVAL SYSTEMSERVICES 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 Mancom Manufacturing 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. Time of Commencement and Completion of Services. The services to be performed pursuant to this Agreement shall be initiated within five (5) days following execution of this Agreement. Services shall be completed no later than March 1, 2004. 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. 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. 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 SA 10101 1 notices provided under this Agreement shall be effective when mailed, postage prepaid and sent to the following addresses: City: City of Fort Collins Purchasing P.O. Box 580 Ft. Collins, CO 80522 Attn: John Stephen Service Provider: Mancom Manufacturing Inc. 1335 Osprey Drive Ancaster, Ontario Canada L9G 4V5 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, the sum of One Hundred Twenty-six Thousand One Hundred Sixty-five Dollars ($126,165.00). This includes the Base Bid of $122,004.00 and $4161.00 for dual running man per letter dated November 17, 2003. 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 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 SA 10/01 2 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 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. 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 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 - SA 10/01 3 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 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, 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. 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 SA 10/01 4 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. CITY OF FORT COLLINS, COLORADO a municipal corporation By: Q4=2 � . 1� JohW F. Fischbach City Manager By: Ja es . O'Neill II, CPPO, FNIGP Dir for of Purchasing and Risk Management Date: d .EST: c w, T.. kf C CI@r"-I APP T FORM: Assist5nt CITY Attorney 0 SA 10/01 Mancom Manufacturing I C. By: PRINT NAME CORPORATE PRESIDENT M VICE-PRESIDENT O� Date: ( orpor a Seal) ARY EXHIBIT A Touch Plus Tm Target Retrieval Systems Scope of work Basic: Mancom Manufacturing Incorporated. is pleased to present the following Scope of Work in response to the referenced Request for Proposal No. P-908, as issued by the City of Fort Collins, Colorado for the upgrade to the "Shooting Range Target Retrieval System' . Mancom proposes to fabricate, ship and install the following components: a 12- Dynamic OneTM drive units including 1/2hp motor, industrial grade CPU, variable speed drive controller, interface board and power supply a 12- Model Y-2000 lighted and 360-degree turning target carriers ■ 12- lengths of carrier AccutracTM each being 25 yards with 12 starter sections and copper buss bar for motor and light activation ■ 12- TouchPlusTM local control screens to be suspended from the firing line safety ceiling ■ I- Master Control Screen capable of storing up to 100 individual training scenarios ■ 12- target track hanger extensions for the two additional shooting lanes a One year Warranty on parts and material ■ Training for all personnel designated by the Fort Collins Police (minimum 1 day) ■ 2- Copies of the Operating and Maintenance Manuals a Customer support and technical assistance for the life of the equipment Optional Items: 50 feet wide. System will be installed on the range floor in front of the bullet trap. This is required due to the lack of necessary clearance between the end of the target retrieval tracks and the top of the bullet trap. The running man track will be protected with a'/4" steel floor bathe. a Floor mounted dual running man target system, 50 feet wide. Same installation as above. 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: 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 $500,000 combined single limits for bodily injury and property damage. In the event any work is performed by a subcontractor, the Service Provider shall be responsible for any liability directly or indirectly arising out of the work performed under this Agreement by a subcontractor, which liability is not covered by the subcontractor's insurance. 2/9/00 JAN 05 2004 14:59 7R WCB HAMILTON 305 521 4502 TO 9305304SI37 P.01./01 WO&PME'n� & 120 KXKG STREBr WEST Clearance Certificate . HAMILTON, ONTARro CerGflcat de df Chat*pe !re °ass' a«rNE!m"m,r LBP 4V2 (905) 523-2900 The Workplace Safety and Insurance Board (WSI9) hereby waives Its rights under Section 141 of the Workplace Safety and Insurance Act to hold the Principal, that Is in a contractual agreement with the Contractor named, liable for any Section 141 CONTRA=R liability of the Contractor for premiums and levies L' ffiVPREPRi3'NBfIR of the WSIB owing now or within 60 days from the date of this Certificate MANCOM MANUFACTURING Par Is pr6sente, Is Commission de Is s6oudt6 INCORPORAZ'liD profeesionnelle at Passurance eontre lee accidents 1335 OSPREY DR du travail 1CSPAATI renonce aux drolts qui lui eont ANCASTSR ON confdrbs an vertu de I'article 141 de la Loi sur Is MG 4 VS s6curitbprofessiomalle at I'assurance contre lea accidents du travail at qui I'autorisent ! tenir I'antrepreneur principal, qui a eignb une entente contractualle avec 1'entrepreneur door le nom figureaur Is pr6sent cortif cat, responsable du paiement de tout prime ou de toute Somme qua I'antrepreneur eat toms de verser A Is CSPAAT lmmddiatement ou done see 60 Jours sulvent Is date indiqube sur ce certificat. CITY OF P01ZT COLLMS COLORADO when doned by en authorized Ofeoer of the WSIB. esra a epwatwe d *e apart MWW da A CSPAAT, 4129261 1 250395FC Re% I T$VX Dearbdoa Rate I Tevx Description 4261000 $ZB R Creme[ the Web tl you *MIJ n the validity of We dowment. V06*02 Coremur*~ Bum is CSPAA T ai ✓dud derrrea de re w*001 do p"smi dea wt. 0190C (07/99) Cerdf oate No. I AP do eneWoet 201776$70 w<* TOTAL PRGE.01 ** /2004 10:34 S05-545-8119 MACMIL'_AN & LAW'SON PAGE 02/02 l5CNi17.an 6 Lawson Insurance Douglas MacMillan 271 Quumaiston Road Hamilton, ON LOX 109 ManCom Manufacturing Inc. Tom Mandy 1335 Osprey Drive Ancaster, ON L9G 4V5 Thib ie lu Wrdty that the policies of insurance listed below have t indicated, notwithstanding any rwfulrement, term or condition of I cerdficate may be 1650d or may pertain, the insurance afforded I exclusion and Donditinrw of such policies. LJMn''E Of co LTR 'typo OPINS RANce I POLICY NU1aaoR eaNFWII, LiAtlIU IY 1 X COLIMGRCiAL GtSdaRAL LIABILrrY ! e519291 INC& :00Sr LIAR t� CLAIMS MADE 8519269 X OCCURRENCE j X TENAN•rSLEGAL LMIU'IY 8919269 X NON -OWNED 0519269 MIRED AUTOMDMLB LWAIEnn' DESCRIBED AUTOMOBILES ALL OWNED AUTO$ I WASEDAUTOM011 :s ISO LIANILMV UMBRELLA FORM CITY OF FORT COLLINS 215 NORTH MASON ST. FORT COLLINS, COLORADO, 80!S29—AR8 This oertifieale is Issued as a mattK of Iftimistion only and confers no rights upon the certificate holder. This certificate does not amend, extend or alter the cnvarsoe afforded by the policies Iselow. • •�r�,ro, Ir•l Mw VVyeRNVG COMPANY A Zurich Insttlanaal Company._ COMPANY a COMPANY C COMPANY D I issued to the insured named above for Ins policy period Contract or other document whit respect to which this he policies described herein is subject to BR the terms, MAAY_HAYC. BEEN REDVVLU YY P^lp CLAIMS, 'VW I POLCY aPPEormIN DATEiYYM4WIDD) POLCY EXPRAt1ON UMrf3 BA�WDa) RACK OCCURRENCE Is 03/06/04 04/06/04 CENVALAGGREGATE e n.a/06/04 04JOB104 rnocucra•cOMProPA:c, s PERSONAL INJURY 5 03/06/04 04/06/04 T614ANT'S LEGAL LABILITY s 03/06/04 ( 04/06/04 MEDExP(Anyone praon) 9 NON-OWMBD s BODILYINJUAYa PROPERTY DAMAGE s COMBINED BODILY INJURY a (hr Prmn) BppILYINJURY 5 1pv acaaenp PROPIRTYDAMAGE s s 3000 MANUFACTLTZ SALE & INSTALLATION OF TARGMT RmTRIYVAL BfSTsto Should any of the above described polloiea be cancelled before the Pynirattnn dais thereof, the Issuing company will endoavor to moil 30 days written notice to the certificate holder named to the left, but failure to mall such notice shall Impose no obligation or liability of am+ Rind upon trio company. its agents or rocroiantstives.