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Home My WebLink About109244 WASTE MANAGEMENT UNITED SITE SERVICES - CONTRACT - BID - 5918 PORTABLE TOILETS (2)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 UNITED SITE SERVICES INC., 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. Scooe of Services. The Service Provider agrees to provide services in accordance with the scope of services attached hereto as Exhibit "A", consisting of four (4) pages, and incorporated herein by this reference. 2. Contract Period. This Agreement shall commence July 1, 2005, and shall continue in full force and effect until June 30, 2006, 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. Renewals and pricing changes shall be negotiated by and agreed to by both parties. The Denver Boulder Greeley CPIU published by the Colorado State Planning and Budget Office will be used as a guide. 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 the termination date contained in said notice unless otherwise agreed in writing by the parties. All SA 1012004 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. Fax Server 6114/'LUUb U:13 AM PAU r/UUZ rax server ACORQrr, CERTIFICATE OF LIABILITY INSURANCE 11/03r2005 06114/2005 PRODUCER LAC1(tOfl Canes p 444 W.4Rh Street, Suite 9W Kansas City Mo 64112-1906 (816) 9648000 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTfFICATh DOES NOT AMEND, EXTEND OR LTERT_HFFrOV-R?GE-AEEORDEDBYTtlE_PQUrI &S ow. INSURERS AFFORDING COVERAGE INSURED UNITED SITE SERVICES 1051643 Pp, BOX 219 COMMERCE CITY CO W037 INSURER At NsuRER B . ANERICAN GI JARANTEE & LIABTLTT"*"' su 'INSURANCR CO.-ZLW . INSURE INSURER COVERAGES UNISI02 XO THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED 70 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 13E ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POUCIES DESCRIBED HEREIN IS SUBJECT 70 ALL THE TERMS. EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. AGGREGATE LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. INSR I LTR TYPE OF INSURANCE POLICY NUMBER POUCYEFFECTIVE D WYY POLICY EXPIRATION OATFIMMJDDffYI LIMITS A GENERAL LIABILITY X COMMERCIAL CENERALLIA847V CLAIMS MADE a OCCUR 7 CONfRACTUALIXGT) R02641435338024 11/03/2004 11/032005 gACH OCCURRENCE S 1 0OO O0U FIRE DAMAGE Any me are 6 100000 MED EXP AA one ereon g 10 000 PERSONAL&ADVINJURY 8 1000000 X, �OLLLTIIUN _. GEN-.ERPL �REGATE_ PIaODUCYG- COMPIOP AGG 5 2 00Q,000 2000000 GEN, AGGREGATE LIMIT APPLIES PER'. PRO- PCLfCY JEC A AUTOMOSILEUA541TY ANY AUTO ALL OWNED AUTOS SCHEDULED AUTOS HIRED AUTOS NOR -OWNED AUTOS AS2641435338034 11/03/2004 11/03/2005 COMBINED SINGLELIMI7 IE ocddem) g 2,000,000 X SOPILV INJURY (Poi poison) g X SGpILY INJURY (Par accldel) 9 3CJr.XX%0�ii X PRopgkTY DAMAGE (Per amideMl g X' GARACELIASILt" ANY AUTO NOTAPPLICADLE AUTOONLY-EAAOCIOENT °+ OTHER THAN EAACO AUTOONLY; AGG 8 3C0QCXXX 9 XXXX oC B EXCESS LIABILITY XI OCCUR �r-LArms MADE ❑ UYBREUA DEDUOTTBLE X FpiM RETENTION 3 AUC427541600 11/03/2004 11/03/2005 EACH OCCURRENCE 5.000000 AGGREGATE is 5000000 g XXXKXXX ± i.700= _ ._ 1 XXXKM A WORKERS COMPENSATION AND EMPLOYERS' UAB1UTY WA7641)435338014 11/03/2004 11/01/2005 X WC STATU. 0 H. E.L. EACH ACCIDENT .._ b __ j000,000 u E.L. 015EA5E-EAFWPLOYEE P 000000 E,L, DISEASE - POLICY LIMIT 8 1 000 000 OTHER DOCRIPTION OF OPERA'noXa LOCAT1ON9N HCLMFEXCLUS10115 ADDEDBY ENDORBEMENTISPECIAL PROVISIONS =Y OF FORT COLLINS 15 AN ADDITIONAL INSURED AS REQIMkED BY WRITTEN CONTRACT. 2317523 SHOULD ANY OF TH ; ABOVE DESCRIBED POLICIES SE CANCELLED BEFORE THE EXPIRATION CITY OF FORT COLLINS DATE THEREOF, THE ISSUING INSURER WILL ENDEAVOR TO MAIL 30 DAYS WRITTEN PO BOX Sea FORT COLLINS CO 60522 NOTICE TO THE CERTIFICATE HOLDER NAMED TO TIE LEFT. BUT FAILURE TO DO 80 SHALL IMPOSE NO OBLIGATION OR LIABILITY OF ANY HIND UPON THE IW31JAER, ITS AGENTS OR REFRESCUTATIVES, AUTHORISRD REPRESENTATIVE Ar.nvn IR_c nrovj Parp. fioR .a rtunalw unu nw. eo tcrrne numbrlwl.d"WPrMucor axponamwangswa7F n.enoN eeeo UNlsmz. 0 ACORO CMPORATON 1988 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, C.P.M., CPPB, Buyer Service Provider: United Site Services Inc. 6015 E. 59`h Avenue P.O. Box 219 Commerce City, CO 80037 Attn: Vickie Speer, Account Manager 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, per Exhibit A Pricing Schedule. 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 10/2004 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 1012004 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 10/2004 4 ATTEST: TE SECRETARY CITY OF FORT COLLINS, COLORADO a municipal corporation By: C�>� Jam B. O'Neill II, CPPO, FNIGP Direc r f Purchasing and Risk Management Date: /O Jon G's Portable Toilets Doing business as United Site Services, Inc. By: PRINT NAME CORPORATE PRESIDENT OR VICE PRESIDENT Date: ....z. 'N,�`f (Corporate Seal) R.9 J i t t SA 10/2004 5 EXHIBIT A PRICING AND SCOPE OF WORK GENERAL SERVICES REQUIREMENTS Daily rental of portable toilets to be serviced once per week (for special events) Estimate 4 @ $44.00//Each $176.00 Total Daily rental of handicapped -accessible portable toilets to be serviced once per week (for special events) Estimate 2 @ $55.00/Each $110.00 Total Monthly rental of portable toilets to be serviced once per week (see General Services Locations) 19 @ $58.00/Each $1,102.00 Total Monthly rental of handicapped -accessible toilets to be serviced once per week (see General Services Locations; Natural Areas) 3 @ $81.00/Each $243.00 Total Monthly rental of handicapped toilet to be serviced once per week @ Soapstone Prairie 1 @ $81.00/Each $81.00 Total GRAND TOTAL $1,712.00 Scope of Work and General Requirements 1. Each portable toilet shall display a record of service clearly identifying personnel performing service and date of service. 2. Pick up of canceled units or of units reaching their pre -established termination date will be made within one week of cancellation or termination. 3. Units will be anchored, at the expense of the Contractor, where necessary. 4. Minor repairs of units will be made on site when possible. Any unit which cannot be repaired on site must be exchanged within 48 hours. 5. Contractor must insure that toilet tissue will be placed in all units at the time of service. 6. Units which have been overturned shall be righted by the Contractor at no charge to the City. 7. Each unit shall be equipped with original equipment or the manufacturer's replacement parts. Units with altered or rigged equipment will not be accepted, i.e., eye and hook as replacement for locking mechanism. 8. Each unit shall be equipped with a working lock system, occupied/vacant indicator, tissue paper holder that is firmly attached to the unit per manufacturer's specification, seat cover shall be hinged and in working order. All other equipment shall be in working order. 9. All units shall be consistent in color, appearance and age. These units are for public use and must represent a positive image. 10. Frequency of cleaning units must be maintained, i.e. weekly or daily. If awarded contractor misses cleaning any units more than two times per year, City has the right to cancel contract and award a new contract with next low responsive, responsible bidder. 11. Awarded contractor will be responsible for replacement of portable toilet if damaged by an act of God. City will be responsible for replacement if damaged by vandalism. 12. The Contractor shall provide one single point of contact to the City to handle any service issues, and notify the City immediately if there is a contact change. The Contractor shall also provide one single point of contact to the City to handle any billing issues. The Contractor agrees to hold prices firm for the term of the Annual Contract. Any price adjustment requests for the following year will be submitted when the Renewal Letter is sent out; the City of Fort Collins uses the Denver Boulder Greeley CPIU index published by the Colorado State Planning and Budget Office as a guide. The contractor agrees that they will not charge the City any Fuel Surcharges, Finance Charges, or Late Charges. All billing will be sent to the Accounts Payable Department at P.O. Box 580, not to the individual departments. a) SERVICE PROVIDER SERVICE ISSUES CONTACT: Vickie Speer TELEPHONE: (303) 985-0164 FAX: (303) 985-1428 Or (888) 232-0001 EMAIL: Vickie.speer@unitedsiteservices.com CELL #: (303) 210-0849 EMERGENCY: (303) 435-0077 BACKUP: Rochelle Denner SERVICE PROVIDER BILLING ISSUES CONTACT: Richard Priest TELEPHONE: (303) 985-0164 FAX: (303) 985-1428 Or (888) 232-0001 EMAIL: Richard.priest@unitedsiteservices.com CELL #: (303) 985-0164 EMERGENCY: (303) 435-0077 BACKUP: Larry Perez b) CITY SERVICE ISSUES CONTACT: Mike Calhoon, Parks & Recreation TELEPHONE: (970) 221-6128 FAX: (970) 221-6849 EMAIL: mcalhoon@fcgov.com Jim Miller, Natural Resources TELEPHONE: (970) 416-2133 FAX: (970) 224-6177 EMAIL: jmiller@fcgov.com CELL #: N/A EMERGENCY: (970) 221-6775 BACKUP: Ed Bonnette (970) 221-6775 CITY BILLING ISSUES CONTACT: Alicja Miodonski TELEPHONE: (970) 416-2438 FAX: (970) 221-6782 EMAIL: amiodonski@fcgov.com CELL #: N/A EMERGENCY: (970) 221-6788 BACKUP: Linda Brown (970) 416-2441 GENERAL SERVICES PORTABLE TOILET LOCATIONS PARKS These portable toilets need once a week service. (Date of service is 10/17/05 to 4/17/06) (Legacy, Rolland Moore B-ball, NACC, and Dog Park are year 'round) Site Address Number of Units Buckingham Park 101 First St. 1 City Park Ballfields 211 S. Bryan Ave. 1 Cottonwood Glenn 3074 S. Overland Trail. 1 Dog Park Horsetooth Rd. & Horsetooth Ct. 1 Edora Park 1420 East Stuart Street 1 English Ranch 3825 Kingsley Drive 1 Greenbriar Park 730 Willox Lane 1 Homestead Park 7045 Avondale Dr. 1 Legacy Park 300 Woodlawn Drive 1 Martinez Park 600 N. Sherwood 1 Old Fort Collins Heritage 112 E. Willow 1 Park (NACC) Rolland Moore Park 2201 South Shields Street 3 Spring Park 2100 Matthews St. 1 Troutman Park 500 W. Troutman Parkwav 1 CEMETERY Weekly service from March to November. Monthly service December to February. Roselawn Cemetery 2718 E. Mulberry 1 NATURAL AREAS Gustav Swanson N. Shields Pond Riverbend Ponds Arapaho Bend Bobcat Ridge Soapstone Prairie 445 Linden St. 1 accessible 1333 N. Shields St 1 accessible 2425 Countryside Dr. 1 3950 County Rd 7 1 8281 W County Rd 32C Masonville 1 accessible 3700 Soapstone Prairie Rd. 1 accessible 25 mi north on 1-25