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Home My WebLink About375603 DOME - CONTRACT - BID - 5945 CONVEYORS FOR DE-ICING FACILITYSERVICES AGREEMENT Dome Corporation, Conveyor Installation 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 DOME CORPORATION, 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. Contract Period This Agreement shall commence upon the date of execution shown on the signature page of this Agreement and shall continue in full force and effect for one (1) year, unless sooner terminated as herein provided. In addition, at the option of the City, the Agreement may be extended for an additional period of one (1) year at the rates provided with written notice to the Professional 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 notices provided under this Agreement shall be effective when mailed, postage prepaid and sent to the following addresses: City: City of Fort Collins Purchasing PO Box 580 Fort Collins, CO 80521 Service Provider: Dome Corporation 5450 East Street Saginaw, MI 48601 SA 10/97 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 Sixty -Eight Thousand, Two Hundred, Sixty Dollars ($68,260). 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. 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, laborand otherwork, provided underthis 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. SA 10/97 2 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. 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. IndemnitylInsurance 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, 215 N Mason, 2"d Floor, Fort Collins, Colorado 80524 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. SA 10/97 3 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. --„ueoaca¢sy_ u City Clerk Approve s to form: c (AR Assistant City Attorney THE CITY OF FORT COLLINS, COLORADO By: ,� (-1 yt,_.•_ Jam s B. 'Neill II, CPPO Direct f Purchasing & Risk Management Date: DOME CORPORATION Jer y Estes,ce President Date: Attest C7�IZVAAj &1k (Corporate Seat): Corporate Secretary a: SA 10/97 4 Exhibit A: Scope of Work All work shall be done in accordance with the following documents, which are incorporated into the Agreement by reference: (a) Service Provider's bid (Bid #5945), dated November 29, 2005; (b) the Construction Drawings, consisting of sheets with the following numbers and titles: Drawing. No. Title AS1 Architectural Site Plan A1.1 Dome Building Floor Plan A1.2 Dome Building Roof Plan A2.1 Dome Building Elevations A2.2 Dome Building Elevations A3.1 Building Sections A3.2 Dome Building Wall Sections & Details S1 Dome Building Foundation Plan S4 Details S5 Details General description of installation: • Install below grade hoppers (concrete pit by others) • Install supports for incline conveyors. (concrete foundations by others) • Install incline belt conveyor. • Provide and install hot -dipped galvanized shuttle conveyor hangers and supports inside building. • Install shuttle conveyor inside dome. • Ensure all conveyor components are properly installed in barrel dome. • Installation Price: $68,260.00 • Excludes: Electrical Hookup, any necessary permit fees. Anything not listed above. Pricing includes the supply and install of the hangers and supports. Exhibit B: Insurance Requirements 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 insured 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 coverage 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: 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 10/97 6 DEC-21-2005 17:44 FROM:IEUTER 8, SECOR 9898352964 TO:989 777 3477 P.002/002 A.CORD�, CERTIFICATE 4F LIABILITY INSURANCE DEC-1 DATE fMMfDOA'YYYI 12 21 05 Tenter InsuranCe GrOUP 2-13 E. Larkin St. P.O. Sox 552 Midland M1 48640 Phonet989-835-6701 vaxt989-835-2964 Dome COrpoTation of North AmOrlaa SaginawsM14 Street COVERAGES ONLY AND I HOLDER. TI ALTER THE A MATTER OF INFORMATIOP UPON THE CERTIFICATE i3 NOT AMEND, EXTEND OR INSURERS AFFORDING COVERAGE INSURER AI Ohio c Rwlty Qro µtad A INSURER B: Aaaident .Fund-24 INSURER C: MY Ob PAti= NMABara, i THE POLICIES OF INSURANCE LISTED DEL= HAvF BEEN ISSuEo TO THE INSURED NAMED ABOVE FOR THE POLICYPERIOD INDICAT ANY REOUIREMENT. TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE I MAY PERTAIN, THE INSURANCE AFFORDED BY THF. POLICIES DESCRIBED HEREIN 13 SUBJECT TO ALL THE TERMS, EXCLUSIONS AND POLICp.S, AGGREGATE LIMITS SHOWN MAY HAVE BEEN RFDUCED BY PAID CLAIMS. �T_(�POLICY NUMWER I DA �(MNYD DAY.( I GENERAL IABILITY A X COMMERCIALC,FNERALLIAOILm 53122682 CLAMS MADE L�_] OCCUR X BxPlasion, CollpsI53122082 X Undergrn.d OEN'L AGGREGATE LIMIT APPLIES PER; AUTOMOBILE UABIUTY A X ANY AUTO 53122882 X ALI, OWNED AUTOS X SCHEDULED AUTOG X HIREDAUTOS X NON-OWNEO AUTOS % Hired PhysiCal 53122082 GARAGE UAPILITY 7 ANY AUTO DXCESB)UMBRELLA LIABILITY n OCCUR CLAIMS MADE TVU6680111 DEDUCTIBLr X, RETTENTION $10000. WORKERS COMPENSATION AND H EMPLOYER9•UABR.ITY WCV378552 CCUTIVF C OFFICEPoMF.M ER CXCLUDFD? w521504-NY' 09/01/o5( 09/01/06 09/01/051 09/01/06 09/Ol/051 09/01/06 $35,0001 09/02/051 09/01/06 09/Ol/05I 09/01/06 09/01/05I 09/01/06 09/01/05 09/01/06 E IPollution PCC921095400 07/18/05 07/10/06 A Installation/BRisk 53122882 09/01/05 1 09/01/06 DESCRIPTION OF OPERATIONS I LOCATIONS I VOHICLF.9 ) EXCLUSIONS AODFD BY ENDORSEMENT I SPECIAL PROVISIONS City of Fort Collins, CO is named as Additional Insured. The Cont agrees to indemnify and save harmless the City, its officers, agen employees. HOLDER City of Fort Collins 215 H. Mason Fort Collins CID RD524 NAIC 0 A p. NOTWrT'IWANDING AY BE ISSUED OR X)NDITIONS OF SUCH LIMITS FACH OCCURRENCE $1000000 PREMISES 01comwenca $ 10000E MED EXP(Anyone PW..OMI $ 5000 PERSONAL A ADV INJURY $1000000 s 2000000 GENERAL AGGREGATE PRODUCTS-OOMP/DP AGO $ 2000000 Ben. 1000000 COMBINED SINGLE LIMIT $1000000 (Ea wddnM) -. BODILY INJURY $ (Pox pl wn) DDDILY INJURY $ (Pxx eccldanq PROPERTY DAMAGE $ (ruacddMq AUTO ONLY • EA ACCIDENT $ ...- OTHER THAN EA ACC $ ... 9 AUTO ONLY: AGG EACH OCCURRENCE $ 10000000. AGGREGATE $10000000. $ X 70RY LIMTT3 FR E,L EACH ACCIDENT $1000000 E,L, DISEASE -EA EMPLOYE _ $ 1000000 _ E.L. DISEASE -POLICY LIMIT F 1000000 Pollution 5m/lom Inst/Bidr 1000000 .actor ,a & FORTC-1 I SHOULD ANY OF THF, ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATIOI DATE THEREOF, THE ISSUING INSURER WILL ENDEAVOR TO MAIL 10 DAYS WRITTEN NOTICE TO THIS CERTIFICATE NOLDBR NAWD TO THE LEFT. BUT FAILURE TO DO 30 SHALL IMPOSE NO OBLIOATION OR UARILITY OF ANY KIND UPON THE INSURER, ITS AGDNT3001 D 25 (2001