HomeMy WebLinkAbout160736 APPLE ANNIES 157778 SCOTCHIES - CONTRACT - BID - 5852 DRY CLEANING SERVICES (3)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 Nelson Schroeder Enterprises, Inc. Doing Business As Apple Annie's Washouse &
Cleaners, 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 three (3) pages, and
incorporated herein by this reference.
2. Contract Period, This Agreement shall commence July 15, 2004, and shall continue
in full force and effect until July 14, 2005, unless sooner terminated as herein provided. In addition,
at the option of the City, the Agreement may be extended for additional one year periods not to
exceed four (4) additional one year periods. Pricing changes shall be negotiated by and agreed to
by both parties and may not exceed the Denver- Boulder CPI-U as published by the Colorado State
Planning and Budget Office. Written notice of renewal shall be provided to the Service Provider and
mailed no later than ninety (90) days prior to contract end.
3. Delay. If either party is prevented in whole or in part from performing its obligations
by unforeseeable causes beyond its reasonable control and without its fault or negligence, then the
party so prevented shall be excused from whatever performance is prevented by such cause. To
the extent that the performance is actually prevented, the Service Provider must provide written
notice to the City of such condition within fifteen (15) days from the onset of such condition.
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
SA 10/01
EXHIBIT C
ALTERATIONS PRICES FOR 2004-2005 CONTRACT; APPLE ANNIE'S
Description
Price, each
1 — Taking up and tapering of pants
$8.65
2 — Taking up and letting out waist
$7.20
3 — Shortening or lengthening trousers
$7.20
4 — Taking up and tapering of shirt body and sleeves
$8.65
5 — Taking up sleeve length
$7.20
10
Of
�iCORD. CERTIFICATE OF LIABILITY INSURANCE 06/01/2 0
PRODUCER (970) 484-2805 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION
ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE
John C. Beckett & Associates, Inc. HOLDER. THIS CERTIFICATE DOES NOT AMEND, EXTEND OR
220 Smith Street ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW.
Ft. Collins CO 80524- INSURERS AFFORDING COVERAGE NAIC #
INSURED INSURER A: MARYLAND CASUALTY COMPANY
NELSON SCHROEDER ENTERPRISES, INC DBA INSURERB:PINNACOL ASSURANCE
APPLE ANNIE' S WASHHOUSE INSURER C:
1119 W. DRAJKE C-40 INSURER D:
FT COLLINS CO 80526-6030 INSURER E:
VVVCRMVGJ
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.
INSR
LTR
ADD'L
NERD
TYPE OF INSURANCE
POLICY NUMBER
POLICY EFFECTIVE
DATE MWDDIYY
POLICY EXPIRATION
DATE MMIDDIYY
LIMITS
A
GENERAL LIABILITY
COMMERCIAL GENERAL LIABILITY
CLAIMS MADE aOCCUR
PPS034903949
/ /
05/07/2003
/ /
05/07/2004
EACH OCCURRENCE
5 1,000,000
DAMAX
PREMI ETORENTED
PREMISES Ea occurrence)
1,000 000
S �
MEDEXP(Any one arson
11 10,000
PERSONAL & ADV INJURY
$ 1,000,000
05/07/2004
05/07/2005
GENERAL AGGREGATE
s 2,000,000
GEN'L AGGREGATE LIMIT APPLIES PER:
PRODUCTS - COMPIOP AGG
$ 2,000,000
X POLICYF_j JEC LOC
A
AUTOMOBILE
LIABILITY
ANY AUTO
/ /
/ /
COMBINED SINGLE LIMIT
(Ea accident)
8 500,000
X
BODILY INJURY
(Per person)
If
ALL OWNED AUTOS
PPS034903949
05/07/2003
05/07/2004
SCHEDULED AUTOS
BODILY INJURY
(Per aaident)
B
HIRED AUTOS
05/07/2004
05/07/2005
NON -OWNED AUTOS
PROPERTY DAMAGE
(Per accident)
8
GARAGE LIABILITY
AUTO ONLY - FA ACCIDENT
$
OTHERTHAN EA ACC
AUTO ONLY: AGO
s
ANY AUTO
NO COVERAGE
/ /
/ /
$
EXCESSIUMBRELLA LIABILITY
NO COVERAGE
/ /
/ /
EACH OCCURRENCE
$
AGGREGATE
$
OCCUR CLAIMS MADE
8
II
DEDUCTIBLE
/ /
/ /
$
RETENTION S
B
WORKERS COMPENSATION AND
PENDING
05/21/2004
06/01/2005
C g U _
X TWTY LIMITS ER
E.L. EACH ACCIDENT
8 100,000
EMPLOYERS' LIABILITY
ANY PROPRIETORIPARTNERIEXECUTIVE
OFFICERIMEMBER EXCLUDED?
/ /
/ /
E.L. DISEASE - EA EMPLOYEE
$ 100,000
E.L. DISEASE -POLICY LIMIT
6 500,000
If yea, describe under
SPECIAL PROVISIONS below
OTHER
NO COVERAGE
DESCRIPTION OF OPERATIONSILOCATIONSNEHICLESIEXCLUSIONS ADDED BY ENDORSEMENTISPECIAL PROVISIONS
THIS CERTIFICATE HOLDER IS LISTED AS AN ADDITIONAL INSURED IN RESPECT TO THE GENERAL LIABILITY.
V CRIIrIVM1G AVLYGR—""----'"--'-
( SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE
EXPIRATION DATE THEREOF, THE ISSUING INSURER WILL ENDEAVOR TO MAIL
10 DAYS WRITTEN NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE LEFT, BUT
CITY OF FT. COLLINS FAILURE TO DO SO SHALL IMPOSE NO OBLIGATION OR LIABILITY OF ANY KIND UPON THE
PO BOX 580 INSURER ITS AGENTS OR REPRESENTATIVES.
AUTHORIZED REPRESENTATIVE � �'/
FORT COLLINS CO 80522— I
ACnRn 25120011091 m ACORD CORPORATION 1988
*,,i INS025 (oloa).05 ELECTRONIC LASER FORMS, INC. - (800)327-0545 Page 1 of 2
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 25 (2001103)
ft..: INS025 (of os).0s Page 2 of 2
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:
City of Fort Collins Purchasing Division
P.O. Box 580
Fort Collins, CO 80522
Attn: Ed Bonnette
Service Provider:
Apple Annie's Washouse & Cleaners
1119 W. Drake Rd. #C40
Fort Collins, CO 80526
Attn: Nelson S. Schroeder, Owner
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, per Exhibit "C", consisting of two (2) pages, incorporated herein by this reference.
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
responsibilities nor delegate any duties arising under the Agreement without the prior written
SA 10l01
2
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 -
defaulting party for the non -defaulting party's reasonable attorney fees and costs incurred because
SA 10/01
3
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
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.
SA 10/01
4
CITY OF FORT COLLINS, COLORADO
a municipal corporation
� Q
By: 1 " L
James 'Neill II, CPPO, FNIGP
Direct r f Purchasing and Risk Management
Date: S/ 3E/ y y
Nelson Schroeder Enterprises, Inc.
Doing Business As Apple Annie's Washouse and Cleansers
ly Gc-,5o,ej �. Sch `0C-Q(
PRINT NAME
CORPORATE PRESIDENT OR VICE PRESIDENT
Date: �A%O ' /
TTEST: (Corporate Seal)
RPORATE SECRETARY
SA 10/01
EXHIBIT A
SCOPE OF WORK — DRY CLEANING SERVICES
1) General: This specification covers the Dry Cleaning, other Cleaning, and Alterations
requirements of the City of Fort Collins Police Department (FCPD). Services under this
Agreement shall be provided only to authorized department personnel. Any price
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. Any requests for pricing changes will only be
reviewed annually during the renewal period.
2) Assignment & Equipment: Assignment or transfer of this agreement shall not be
allowed without written approval by the City of Fort Collins. Service Provider shall have
necessary equipment to provide dry cleaning of clothing and shall not employ a third
party for this operation. The City reserves the right to inspect equipment on the bidder's
premises.
3) Pickup and Delivery: Uniforms ands apparel will be delivered to and picked up from the
vendors by authorized police department personnel (or representatives designated by
the officer to the FCPD Representative) only.
4) Unlisted Items: The City shall only pay for the cleaning of items listed in Exhibit C of
this Agreement.
5) Lost or Damaged Items: If the officer determines that an item has been lost or
damaged by the Service Provider, the City of Fort Collins reserves the right to reduce the
Service Provider's bill for that month by the current replacement value for that item.
6) Minimum Specifications:
Shirts, Uniformed Officers: Items are to be cleaned as specified by the officer, mended
as needed (i.e., buttons secured and/or reattached if needed), and returned wrinkle -free
and with all buttons firmly in place. Uniform shirts must be pressed with military creases
and returned on hangers.
Shirts, Plain Clothes Officers: Items are to be cleaned as specified by the officer,
mended as needed (i.e., buttons secured and/or reattached if needed), and returned
wrinkle -free and with all buttons firmly in place. Return on hangers.
Trousers, Uniformed Officers: Items are to be cleaned as specified by the officer,
mended as needed (i.e., buttons secured and/or reattached if needed), and returned
wrinkle -free and with all buttons firmly in place.
Trousers, Plain Clothes Officers: Items are to be cleaned as specified by the officer,
mended as needed (i.e., buttons secured and/or reattached if needed), and returned
wrinkle -free and with all buttons firmly in place.
Jackets, Uniformed Officers: Items are to be dry cleaned, mended as needed (i.e.,
buttons secured and/or reattached if needed), and returned wrinkle -free and with no
am
, ......x1. # .l
mats in pile. Return on hangers. Dry clean on an as -needed basis.
Sport Coats, Plain Clothes Officers: Items are to be dry cleaned, mended as needed (i.e.,
buttons secured and/or reattached if needed), and returned wrinkle -free and with all
buttons firmly in place. Return on hangers.
Caps, Uniformed Officers: Items are to be dry cleaned on an as -needed basis.
Neckties, Uniformed and Plain Clothes Officers: Items are to be dry cleaned on an as -
needed basis.
Skirts, Dresses, Blouses, Etc; Plain Clothes Female Officers: Items are to be cleaned as
specified by the officer, mended as needed (i.e., buttons secured and/or reattached if
needed), and returned wrinkle -free and with all buttons firmly in place. Return on
hangers.
7) Alteration Service: Service Provider shall perform quality alteration services as
requested by authorized personnel. Alteration services shall consist of:
a) Taking up and tapering of pants.
b) Taking up or letting out waist.
c) Shortening or lengthening trousers.
d) Taking up and tapering of shirt body and sleeves.
e) Taking up sleeve length.
The City of Fort Collins reserves the right to employ other firms for such alteration
services, as needed.
8) Normal Turnaround Time: All uniforms and plain clothes attire worn in lieu of uniforms
must be ready for use within two (2) working days from the time delivered to Service
Provider. The City of Fort Collins may deduct 5% of officer's billing for each additional
day, should the cleaning time exceed two (2) working days. A schedule of business
closures due to holidays, normal days closed, etc. must be furnished in writing by the
Service Provider to the FCPD representative.
9) Complaint Forms: Service Provider must provide Complaint Forms to the
designated FCPD representative, when requested. Service Provider must report to the
FCPD representative in writing on Corrective Action taken within ten (10) working
days of notification of problem.
10) FCPD Representative: FCPD Representative will be Tricia Davis
(tdavis@fcgov.com; 221-6541).
11) Early Termination: The City of Fort Collins reserves the right to terminate the Service
Agreement in accordance with Section 4 in the main body of the Service Agreement, in
the event of deterioration in the quality of services rendered by the Service Provider.
7
:*�v42t-.IkgHo-
INSURANCE REQUIREMENTS
1. 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.
.- .4 ,Y •,
EXHIBIT C
DRY CLEANING/CLEANING PRICES FOR 2004-2005 CONTRACT; APPLE ANNIE'S
Item
Description
Price, each
1
Shirts, short -sleeve, uniformed officers. Clean
as specified by officer, mend as needed, press
$1.40
with military creases, return wrinkle -free on
hangers.
1 A
Shirts, long -sleeve, uniformed officers. Clean
as specified by officer, mend as needed, press
$1.40
with military creases, return wrinkle -free on
hangers.
2
Shirts, plain clothes officers. Clean as specified
by officer, return wrinkle -free on hangers.
$1.40
3
Trousers, uniformed officers.
Clean as specified by officer, return wrinkle-
$2.25
free.
4
Trousers, plain clothes officers.
Clean as specified by officer, return wrinkle-
$2.25
free.
5
Jackets, uniformed officers.
Dry clean as specified by officer, return
$2.25
wrinkle -free on hangers with no mats in pile.
6
Sport Coats, plain clothes officers.
Dry clean as specified by officer, return
$2.25
wrinkle -free on hangers.
7
Hats, uniformed officers.
Dry clean hat as specified by officer.
$1.40
8
Neckties, uniformed and plain clothes officer.
Dry clean as specified by officer.
$1.20
9
Skirts, plain clothes officer.
Clean as specified by officer, mend as needed,
$2.25
return wrinkle -free on hangers.
10
Dresses, plain clothes officer..
Clean as specified by officer, mend as needed,
$2.25
return wrinkle -free on hangers.
11
Blouses, plain clothes officer.
Clean as specified by officer, mend as needed,
$2.25
return wrinkle -free on hangers.
0