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Home My WebLink About372543 ROCKY MOUNTAIN PAVEMENT MAINTENANCE - CONTRACT - CONTRACT - 2477012/06/05 10:16 FAX 970 221 6736 FT COLLINS WTF j001 FREE EMNATES ' t No. 04170 870.472.S255 FAX 970A72.5S96 I B C 0 B P I R A r E 0 B31 OREAf0 TEN OB. • Fi. COLLINS, CO 505B • $70.472.5256 CONTRACT Proposals Itted to: C�LY� Date Name Ur r52� (:?0f'11A1Z- nt I act,69APAAAWO Phone 4?74D-'0V` .., - vL. lea.- kv',� Rocky Mountain PavementMaintenanceagrees sttooffurnish all materials for the work (specified below) on premises located at: Job Name and Address `' 4(/ RMPM, Inc. Representative 6y� L&& We hereby submit specifications and estimates for: • Clean = n. Ft. of cracks 1/4" or wider with compressed air and fill with #3405 hot pour rubberized crack sealer. • Apply Glenzoil sealant to crack sealed areas to prevent tracking. • Transition crack seal (concrete to asphalt) joints will not be sealed unless otherwise stated. SETTLING OF CRACK SEAL MATERIAL MAY OCCUR, BUT DOES NOT AFFECT PERFORMANCE. ALLIGATORED AREAS WILL NOT BE CRACK SEALED. INFRARED PATCHING IS RECOMMENDED IN THESE AREAS. • Area to be saalcoated will be cleaned with push blowers and wire brooms. • Prime oil spots where applicable. Sealcoat will not adhere to heavily saturated oil spots. Infrared patching is recommended In these areas to ensure adh I to Mat. • Sealcoat [o `l Sq. R. of parking lot with blended Sealcoat (70% Coaltar and 30% asphalt emulsion). Add "Top Tuff" latex additive for durability and aggregate for traction into sealcoat before application. • Sealcoat will take approx. days. • Restripe designated lot with traffic paint. Lot will be striped with existing layout and color unless otherwise specified. eturn itip Charges �� I��, Cleaning Charge (it applicable) each Charge Mist. Charges Description PRICE OUARMM: We guarantee our price is the lowest In the Industry considering: Our workmanship, warranty, scope of work, Insurance, timely lob start and the use of high quality materials. IfIf. fear ssome reason. you recetve a cheaper estimate, please contact us_ It you have airy questions, i can be reached at (970)472-5255. For wort to be scheduled, please fax a signed contract to office. Fax (970)472-5596 OJ G�,63 fop_ 1�1'JA % ODO� TOTAL (Labor and _Materials) $ Payment is due upon comp 8fiop of work. Note: 1) Additional work can 0 done at your request, at an Additional charge, while the crew is on site it time and materials are available. 2) One year w n workmanship and materials. 3) Tratc ec streets not Included unless specticaey called out on this contract.—/( n 4) AN posal t to approval at management. Accepted by: r Date: (rtutnad�e Agent) IPurenaar) Data: (Joke Purchaser) FORM 104 rev 1 t-e3 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 Rocky Mountain Pavement Maintenance, 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 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 April 30, 2006. 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 January 2005 City: City of Fort Collins, Purchasing PO Box 580 Fort Collins, CO 80522 Service Provider: Rocky Mountain Pavement Maintenance Inc. 630 Breakwater Dr Fort Collins, CO 80525 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 Nine Thousand Nine Hundred Ninety Two.Dollars ($9,932 ). 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. V SA January 2005 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 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 of the default. SA January 2005 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 January 2005 4 CITY OF FORT COLLINS, COLORADO a municipal corporation By: C)S!� �� (�) &- Jame B. O'Neill II, CPPO, FNIGP Direct f Purchasing and Risk Management Date: 4 ZU 2,a I C, j Rocky Mountain PpKnent Maintenance Inc. By: C.s5=!� Qa10A— PRINT NAM CORPORATE PRESIDENT OR VICE PRESIDENT Date: 1z1 zz) oC (Corporate Seal) SA January 2005 5 r EXHIBIT A FOR Ui1wW Wool 87WESM REWHYRU9111, "th,11%jif M_ in 870.47tfi588 I N C a 1 F 1 1 A i E 1 No. 04170 M11EARItM 0L • FL WMI, so 80i8 • S7U?l.S25s CONTRACT Proposal ssuupbankted to: /� Name � �.- dtic: �y� C�GVq� Oete Address I n—,GMnaM Phone Ra91q Meutb4 Paretaeaf M cg �y a "a lines "d,sd an mtlerlah forgo work (spelled hsfoN) ae pnmisea located a1: Job Name and Address i (p( RMPM. In Reeresenwhia ✓. /� // . We hereby submit specifications and estimates for: Clean n. R. of cracks 11r or wider with com • APpll Gtemakk sealant to crack sear areas to Pressed etr and tNl wNh 43405 hot pour rubberized crack sealer. • TroRsltion crack seal (concrete to g. asphalt) jolrle wY not be sealed unless otherwise stated. SETTLING OF CRACK SEAL MATERIAL MAY OCCUR, EAS BUT DOES NOT AFFECT PERFORI UM. ALLISATORED AREAS WILL N CRACK SEALED- INFRARED PATCN01013 RECOAOVIFNDEO IN TNESE AR. OT BE • Area to be sealccated will be cleaned with push blowers and wire brooms, • P"Me on to ensure adhb where cable. Seakoat will not edhare to heevGy saburatad op spots. hdrared Paton p Is recommarMed In these uses • Sealooat 4 Ft of parking lot with blended sealcoV (70% Coalter and 30% asphalt e"wkbn), Add "Top lbtf Ift: additive for durabiiRy and agar for trecaon ink aealcoat before applkation. • Seefcout wm take approx dons • tumim designees lot With troflk pairs. Lot will be Striped with Wstkng layout and color unless otherwise spscgked. 9wm imp CAatiss. I GleeNa Cha e f each Nam %,ck6g0p� ��r1 (f applltobie) tread 6htuye/ MIN. Char89s '•"—""ffnit eacrlptbn PRICE QWUtha le: we Quarantum our price k the lowest 10 me la 111617 conslderla our Job Shut end the use of high quellb metenahr. (f_fe�agme reason v , ,e . e worlumeehlp, warnnb, swpe of work, hum now errwly it you have ear "WINa, I pe lea raehed at {97e)472 SEei. For we* to be abedesed, pap tea a algned esnlnct to oma. Fee (97e1472-9R99 ►�a �+U�, coo TOTAL (Labor and Materials) $` Payment is due upon G' mM—P tlop of work. A Nor t) Mdranl work can dam at Your ngmq, en addelpul chugs. whlN we sew Is an sW Ir wm wd MMd* an avuhhh. V.�.. r/,• d' C 91 "•e luau ,weAarrugMe and anwhla. 8l Ttaek 7kea4 teclatled unless e e1 � 1 la appravet m an/beneen� PKI1081Y Wed out an this contract. .`�.. 79 ActepwdW. AWN) (Mnnr) Wove orR4wen FORM 101 rw 11-03 SA January 2005 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 January 2005 7