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Home My WebLink About109244 WASTE MANAGEMENT UNITED SITE SERVICES - CONTRACT - BID - 5918 PORTABLE TOILETS (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 WASTE MANAGEMENT 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. Scope of Services. The Service Provider agrees to provide services in accordance with the scope of services attached hereto as Exhibit "A", consisting of two (2) 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 10/2004 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: Waste Management Inc. 500 East Vine Drive Fort Collins, CO 80524 Attn: Don Archuleta, 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 consent of the City. SA 10/2004 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 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 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 party for the non -defaulting party's reasonable attorney fees and costs incurred because of the default. SA 1012004 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. sn 1012004 4 CITY OF FORT COLLINS, COLORADO a municipal corporation By: t� 607�1E Jame B. 'Neill II, CPPO, FNIGP Direc r f Purchasing and Risk Management Date: (o / 7. CORPORATE PRESIDENT OR VICE PRESIDENT Date: ddvr ATTEST: (o orate Seal) CO PORATEPYCRETARY Aille"L CO Oo-4 SA 1012004 EXHIBIT A PRICING AND SCOPE OF WORK 4T" OF JULY REQUIREMENTS The portable toilets (forty-four (44) regular and eight (8) handicapped) must be delivered and set at various locations, as indicated by the Park Supervisor, by 5:00 a.m. on July 4, 2005 and removed on July 5, 2005 before 9:00 a.m.. The awarded vendor must supply the Park Supervisor with twelve (12) keys for the portable toilet paper holders before 12:00 p.m. July 3, 2005. Awarded vendor must supply 1 case (250 rolls) of toilet paper and must supply 40 special events boxes with liners for recycle materials July 4. PRICING SCHEDULE: 4T" of JULY 44 regular portable toilets at $40.00/ea X 44 = $1,760.00 total 8 handicapped portable toilets at $55.00/ea X 8 = $440.00 total 1 case of toilet paper @ NO CHARGE _ $0.00 total 40 special events boxes with liners at $4.00/ea X 40 = $160.00 total GRAND TOTAL $2,360.00 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. Units will be anchored, at the expense of the Contractor, where necessary. 3. Contractor must insure that toilet tissue will be placed in all units at the time of service. 4. Units which have been overturned shall be righted by the Contractor at no charge to the City. 5. 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. 6. 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. 7. All units shall be consistent in color, appearance and age. These units are for public use and must represent a positive image. 8. 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. 9. 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: Don Archuleta TELEPHONE: (970) 416-3574 FAX: (970) 482-4491 EMAIL: darchule2@wm.com CELL #: (970) 567-0439 EMERGENCY: (970) 567-0439 BACKUP: Rick Smith (970) 566-0955 SERVICE PROVIDER BILLING ISSUES CONTACT: Jennifer West TELEPHONE: (970) 416-3552 FAX: (970) 482-4491 EMAIL: jzwest@wm.com CELL #: (970) 567-5280 EMERGENCY: (970) 567-5280 BACKUP: Kaycee Oldright (970) 416-3546 b) CITY SERVICE ISSUES CONTACT: Mike Calhoon, Parks & Recreation TELEPHONE: (970) 221-6128 FAX: (970) 221-6849 EMAIL: mcalhoon@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 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 $500,000 combined single limits for bodily injury and property damage. In the event any work is performed by a subcontractor, the Service Provider shall be responsible for any liability directly or indirectly arising out of the work performed under this Agreement by a subcontractor, which liability is not covered by the subcontractor's insurance. (CERTIFICATE OF INSURANCE MCDfYY 121 712004 ? R�CUC oddon Companies of Houston 5847 Can Pups, Sulle 320 Houston, TX 77067 53 aBBa60-S538 {PhdTe) 866.482.10W (Pax) THIS CERTIFICATE IS ISSUED ABA MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. INSURERS AFFORDING rQVIERAGIE INSURED: WASTE MANAGEMENT and Waste Management of Northern Colorado 500 East Vine Street Fort Collins, CO 80524 Insurer A: ACE AMOftell Insurance Company Insurer B. Indemnity Insurance Company of North America Insurer C: Insurer D: Insurer E: COVERAGES PTHE POLIMES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE APPOROED SY THE POLICIES DESCRI9RD HEAEIN 3 SWJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. AGGREGATI: LIMITS SHOWN MAY BE EXHAUSTED BY PAID CLA1MB. 14R TYPE OF INSURANCE POLICY NUMBER EFFecnvY DATE wTE uurm ENERALI ILrrY HDO G21712973 Ili/=$ 111/2006 EACH OCCURRENCE $ 5,000,000 A X COMMERCWLGENERALLLABIUIY FIDAMAGEyWYOTiRREI 5,000,000 �{ OCCURRENCE M EXV IPPAPERSOM X XOU INCILR)ED PERSONAL 8 ADV INJURY $ 51000,000 X ISO FORM CO 00 01 10 01 GENERAL AGGREGATE 6,000,000 OEM AORREGATE LIUMAPPLISS PER: PRODUCTS/COMP, OP. AGG $ 6,000,000 X PROJECT X LOCATION AUTOMOBIL! UABUU ISA M07932704 1IN2005 1/W006 COMBINED SNGL1 LIMIT $ 10,000,0W A X ANY AUTO 1 ACdD ALLOWNEDAUTOS X HIREDAUTOS X NON CW%EDAUYOG X NCSAO PXCESS LIABILI Y/UMBREL A XOOG22082334 1/112DO5 1/112000 EACH OCCURRENCE $ 15,000,000 A X jOtWRRENC9 AGGREGATE $ 15,000,000 CLAIMS MADE WORKPRSR UOMPENSAMON WLR C44173803 (AOS) WLR044181095(CA) SCF 04418f058 (WI) 1nr2005 1/1/2005 Inr2006 1/1/2006 1/112008 1/1/2006 WORKERS' COMPENSATION STATUTORY B end CNPLOYERS LIABILITY � EL EACHACCIDENT 3,000,000 A FL oISEASE-EA&ApLOYEE $ 3, 000,000 ILA BLDISEASB•POucYLIMIT $ 310001000 REAI4RKS: DESCRIPTION OPOPFRAnONSILOCATIONSNEHICLil$/EXCLUSIONS ADDED BY ENDORSEMENT PROVISIONS: BMX CHECI( BLANKET WITIZ OF SUBROOATIONN GRANTED IN FAVOR OF DERTIFICATE HOUMA ON ALA, POIICIES WNRIff AND TO nIl EMEW AgatM:D BY WftMMKGOMYRACT. ® CERTUTCATT HOLDER IS NAMED AS AN ADOMONAL INSIIREDIEXOEPT FOR WORKERS' COB MV4 WHEW AND TO THE VIT'ENT RBOUIRED BY W RITTEN OONTRACT. CERTIFICATE HOLDER: CANCELLATION: City of Fort Collins P.O. Box 580 FL Collins, CO 80622.0580 IKDLJLIDA141OFYR bWff1dED PoLIN93Y CAF4CELLO RIPWH EXPIRATION OATS THFAEOP, THE ISSUINO INSURER WILL ENDEAVOR TO MAIL `AO DAYS WAITTEN NOYICL TO THE CERTIFICATE MOLDER NAM TO THE LEPY, BUT FAILURE TO DO 30 SHALL IMPOSE NO OBLIGATION OR LIABILITY OF ANY VINO WON THE INSURER, RS E WT3 OR REP SWATH .S.'EXCRE� IO DAYS NOTICE FOR NONTPAYheN7 AUTHORIZED REPRESENVATIVE L0 39Vd 1N3W39VNVW 31SVM OEC06IPOZ6 90:17I 980Z/L0/I9