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Home My WebLink About132905 ROUSSELLE VAULT - CONTRACT - CONTRACT - 21224SERVICES 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 Rousselle Enterprises, 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 ten (10) days following execution of this Agreement. Services shall be completed no later than March 30, 2005. 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 notices provided under this Agreement shall be effective when mailed, postage prepaid and sent to the following addresses: SA 10/2004 CERTIFICATE OF INSURANCE This certifies that ® STATE FARM FIRE AND CASUALTY COMPANY, Bloomington, Illinois ❑ STATE FARM GENERAL INSURANCE COMPANY, Bloomington, Illinois ❑ STATE FARM FIRE AND CASUALTY COMPANY, Scarborough, Ontario ❑ STATE FARM FLORIDA INSURANCE COMPANY, Winter Haven, Florida ❑ STATE FARM LLOYDS, Dallas, Texas insures the following policyholder for the coverages indicated below. Name of policyholder Kenneth Rousselle, DBA Rousselle Vault Company Address of policyholder 1508 Falls Court, Loveland, CO 80538 Location of operations Colorado Description of operations The policies listed below have been issued to the policyholder for the policy periods shown. The insurance described in these policies is subject to all the terms exclusions, and conditions of those policies. The limits of liability shown may have been reduced by any paid claims_ POLICY PERIOD LIMITS OF LIABILITY POLICY NUMBER TYPE OF INSURANCE Effective Date ; Expiration Dais (at beginning of policy period) 96-Ez-0722-5 Comprehensive 02/07/2004 02/07/2005 Business Liability $500, 000 $500, 000 -------- --- - ------------------ BODILY INJURY AND PROPERTY DAMAGE This insurance includes: — ❑ Products - Completed Operations ❑ Contractual Liability ❑ Underground Hazard Coverage Each Occurrence $ ❑ Personal Injury ❑ Advertising Injury General Aggregate $ ❑ Explosion Hazard Coverage ❑ Collapse Hazard Coverage Products — Completed $ ❑ Operations Aggregate El POLICY PERIOD BODILY INJURY AND PROPERTY DAMAGE EXCESS LIABILITY Effective Data ; Expiration Data (Combined Single Limit) ❑ Umbrella Each Occurrence $ ❑ Other Aggregate $ Part 1 STATUTORY Part 2 BODILY INJURY Workers' Compensation and Employers Liability Each Accident $ Disease Each Employee $ Disease - Policy Limit $ POLICY NUMBER TYPE OF INSURANCE POLICY PERIOD Effective Date ; Expiration Date LIMITS OF LIABILITY (at beginning of policy period) i nc ur-K i irivA i t car imsuRArout m Nut A CONTRACT OF INSURANCE AND NEITHER AFFIRMATIVELY NOR NEGATIVELY AMENDS, EXTENDS OR ALTERS THE COVERAGE APPROVED BY ANY POLICY DESCRIBED HEREIN. If any of the described policies are canceled before its expiration date, State Farm will try to mail a written notice to the certificate holder 30 days before Name and Address of Certificate Holder cancellation. If however, we fail to mail such notice, City of Fort Collins no obligation or liability will be imposed on State Purchasing Division Farm or its agents or epresentatives. PO Box 580 Fort Collins, CO 80522-0580 Signet of Authorized Rep A en 11/09/2004 Title Date Agent's Code stamp S7AiE SASM JAMES A. CAURELD, Ag 2291 W. Eisenhower Bloc AFO Code F625 Loveland, 008=7 558-W4a.3 04-IM PdrdedinU.SA. INSaSANC Bus: (970)OW4121 Fax: (970) 689.4820 City: Service Provider: City Dept. Copy: City of Fort Collins, Purchasing P.O. Box 580 Ft. Collins, CO 80522 Attn: John Stephen Rousselle Enterprises, Inc. 1508 Falls Ct. Loveland, CO 80528 City of Fort Collins Grandview Cemetery P. O. Box 580 Ft. Collins, CO 80522 Attn: Phil Carpenter 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 Twenty-nine Thousand Nine Hundred Fifty Dollars ($29,950.00). 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 underthis 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 consent of the City. SA 1012004 2 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 whetherthe 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 often (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 parry for the non -defaulting party's reasonable attorney fees and costs incurred because of the default. SA 10/2004 3 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 10/2004 4 CITY OF FORT COLLINS, COLORADO a municipal corporation By: Ja es B O'Neill II, CPPO, FNIGP Dire for of Purchasing and Risk Management Date: A I 10 1 /0 �t Rousselle Enterprises, Inc By: 4 Ke-N/Ye7W eOUSS Lc�S P E COP,PCIRATE PRESIDENT OR VICE PRESIDENT Date: Ai Ol (Corporate Seal) CORPORATE SECRETARY r :r vie . SA 1012004 5 0ct-27-04 08:54A P.01 lii'«i' I�I�s in:s/ rr,1•knu ,. EXHIBIT A �y l; Ity of 1't Uollins \ II f111.1 Y 1\Y.♦ A... \iLL1\.\\i.l, V I9UO W -Mountain Ave. F! Cvllirs, CO gnc� I I'wn-49 niehe Cnitimbarium to meitcl7 existing columbariam ,ill work to be perfo-imed by Rousselle Enterpiaes, Inc_ 13lue print furnished by Grandview Cemetery to be used for project reference. Foundation excavation to be furnished by Grandview Cemetery Concrete foundations, granite, hardware, andlabor to be furnished by Roiissell_e Enterpises, Inc_ (Tranites to be used are Balmoral and Blanco Perla Balmoral granite doors will be fastened with all brass hardware Rousselie Fnterpises, Inc. will, complete onsite work within 45 days ox ►11e granite delivery to Grandview Cemetery Roussel le Enterpises, Inc. wilt require a $5,000 draw oil. completion of both of the foundations Balance of bid price will be due upon project completion and approval by Grandvim Cemetery reprecentativo, 1'roject Price $29,950,00 Rost -it" Fax Noto 7671 OU tin s► To 1 .. • y\i EI 1 From / �1 ' 4�'43C M i V' Co./Dept. Phone N Phone B Fax # Fax # EXHIBIT B 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. SA 10/2004 6 Date: 11/3/04 Time: 4:31 PM To: @ 91970-667-4990 Pinnacol Assurance Page: 002-003 r C JRD �.'� FIC-AT +�F :L I� T�ITY 1 5L� tN� .:.......:: - :.:.... ... THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY PRODUCER AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS Pinnacol Assurance 7501 E Lowry Blvd CERTIFICATE DOES NOT AMEND, EXTEND OR ALTER THE COVERAGE DENVER CO 80230-7006 AFFORDED BY THE POLICIES BELOW. COMPANIES AFFORDING COVERAGE MPAW A Pinnacol Assurance INWRED MPANY ROUSSELLE ENTERPRISES INC B MPArr' 1508 FALLS COURT LOVELAND CO 80538 C MPAN'l D .:: _. _. _ _._._ THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED, NOTWTFHSTANDING ANY REQUIREMENT, TERM AND 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. LIMITS SHORN MAY HAVE BEEN REDUCED BY PAID CLAIMS. DO TYFEOFINS'JRANCE POLC:'NIIMBcR POLICY UPECTNE POLICYFXPIRAT_ON _IMITS LTF. DATE(a:m/A!(�rv>, OAT-ruNEJI GENERAL LIARILITS. GENERAL AGGREGAT E PRODUCTS - COMPI OP AGG COMMERCAL GENERAL U"ZLITY PERSONAL kADV INJURY CLAI.Y.S VADE ❑ OCCUR EACH OCCURRENCE OWN[R'S G CONTRACTOR'S PROT F P.E DAMAGE — Eir<1 MED EXP AUTOMOBILE LIABILITY ANY IL70 COMBINED SINGLE LIMB BODILY INJURY ALL OWNED AL i OS SCHEDULED AL1705 (ror rwcl EMILY INJURY HIP.EDAUTOS NONOWNEDAUTOS ..&.) PROPERTY DAMAGE GARAGE IJABIIJTY AUTOONLY EAA=DEN: O' 1ER T:aAN AlR O ONLY: ........................... ........................... ........................... ANY AlR C EACH ACCIDENT AGGRS.GATF. E'iCESS I.L\BILJTS EACH OCCURRENCE UMBRELLA FORM AGGREGA-E OT HER THAN UMRRRTlA FORM WORKERS COMPENSATION AND W'CSTATU OTHER EMPLOYERS' LIABILITY TORY LIMITS ':::::: ELFACHACCIDENT $100.000 A 2318952 10/01/2004 10/'01/2005 FLDISEASE PO:.ICYLIMIT 1 $500.000 THE PROPFJETORC. 'FARTNERS/ IN El. DISEASE - EA EMPLOYEE 100000 EYECLRIVE OFT CERS ArS 17X L OTHER UESCBIFI ION OF OPERATIONSJLOCATIONSIYEHICLESISFECIAL U EMS SEE BACK OF CERTIFICATE FOR CLASS COVERAGE AND OWNERSHIP COVERAGE DETAIL ,.........::::::::..; ..:;..,..:.::..,........::..,.:.....:...::::.::::.. .:.::..':..: :....: ��..:: 794691 SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE CITY OF FT COLLINS ATTN: PURCHASING DEPT EXPIRATION DATE THEREOF, THE ISSUING COMPANY WILL ENDEAVOR TO MAIL LAMES B O'NEILL II, CPPO, FNIGP ATTN: PHIL 0 DAYS WRITTEN NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE LEFT, PO BOX 580 BUT FAILURE TO MAIL SUCH NOTICE SHALL IMPOSE NO OBLIGATION OR FORT COLLINS CO 80522 LIABILITY OF ANY HIND UPON THE COMPANY ITS AGENTS OR REPRESENTATIVES. AUTHORI7ED REPRESENTATIVE Nichole Valdez ... Underwriter . S:FF�'rI 13iC31'6 J1:31.06 2316?i:. Jp1atN: 1: /:S/135512:00:00 LM1Yll� A CERTIFICATE OF INSURANCE SUCH INSURANCE AS RESPECTS THE INTEREST OF THE CERTIFICATE HOLDER NAMED BELOW WILL NOT BE CANCELED OR OTHERWISE TERMINATED WITHOUT GIVING 10 DAYS PRIOR WRITTEN NOTICE TO THE CERTIFICATE HOLDER, BUT IN NO EVENT SHALL THIS CERTIFICATE BE VALID MORE THAN 30 DAYS FROM THE DATE WRITTEN. THIS CERTIFICATE OF INSURANCE DOES NOT CHANGE THE COVERAGE PROVIDED BY ANY POLICY DESCRIBED BELOW. This Certifies that: ® STATE FARM MUTUAL AUTOMOBILE INSURANCE COMPANY of Bloomington, Illinois ❑ STATE FARM FIRE AND CASUALTY COMPANY of Bloomington, Illinois ❑ STATE FARM COUNTY MUTUAL INSURANCE COMPANY OF TEXAS of Dallas, Texas, or ❑ STATE FARM INDEMNITY COMPANY of Bloomington, Illinois hoe nnvarona in fnrra fnr fha fnlinwinn Namad inSurPd ar ShOWn below: NAMED INSURED: Rousselle, Kenneth DBA Rousselle Vault CO 1508 Falls Ct, Loveland, CO 80538 ADDRESS OF NAMED INSURED: POLICY NUMBER 663 0346-A09-06A EFFECTIVE DATE OF POLICY 11/08/2004 DESCRIPTION OF VEHICLE (Including VIN) 1995 Hino Flatbed LIABILITY COVERAGE ® YES ❑ NO ❑ YES ❑ NO ❑ YES ❑ NO ❑ YES ❑ NO LIMITS OF LIABILITY a. Bodily Injury Each Person Each Accident b. Property Damage Each Accident c. Bodily Injury & Property Damage Single Limit Each Accident $500, 000 PHYSICAL DAMAGE COVERAGES ® YES ❑ NO ❑ YES ❑ NO ❑ YES ❑ NO ❑ YES ❑ NO a. Comprehensive $ 100 Deductible $ Deductible $ Deductible $ Deductible ® YES ❑ NO ❑ YES ❑ NO ❑ YES ❑ NO ❑ YES ❑ NO b. Collision $ 500 Deductible $ Deductible $ Deductible $ Deductible EMPLOYERS CAR LIABILITY COVERAGE OVERAGE ❑ YES ElNO ❑ YES ❑ NO ❑ YES ElNO [IYES ❑ NO HIRED CAR LIABILITY [IYES ElNO V YES [INO ❑ YES ElNO ❑ YES ❑ NO COVERAGE FLEET - COVERAGE FOR ALLMO O E ENSED ❑ YES ❑ NO ❑ YES ❑ NO ❑ YES ❑ NO ❑ YES ❑ NO MOTOR VEHICLES R VEHICLES Of Holder City of Fort Collins Purchasing Division PO Box 580 Fort Collins, CO 80522-0580 1506 Title Name and Address of Aaent James A Caufield, Agent 2291 W Eisenhower Blvd Loveland, CO 80537 Bus: (970) 669-4121 Fax: (970) 669-4620 INTERNAL STATE FARM USE ONLY: ® Request permanent Certificate of Insurance for liability coverage. 122429.2 Rev. 0a-10-2004 0 Request Certificate Holder to be added as an Additional Insured. Code 11/8/2004