HomeMy WebLinkAbout- CONTRACT - CONTRACT - PAVEMENT MAINTENANCESERVICES 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:
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 obligation
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.
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 parry 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 parry's reasonable attorney fees and costs incurred because
of the default.
SA January 2005
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13. Bindinq 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:
James B. O'Neill II, CPPO, FNIGP
Director of Purchasing and Risk Management
Date:
Rocky Mountain Pavement Maintenance Inc.
By:
PRINT NAME
CORPORATE PRESIDENT OR VICE PRESIDENT
Date:
ATTEST: (Corporate Seal)
CORPORATE SECRETARY
SA January 2005
5
EXHIBIT A
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FAX N70A47 WIS I N 0 N N P e S A T I S
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CONTRACT
Propaeal s m: d.vpr Data
Name F �`'LYY� b� rni5 �J Contact - ptwrla Q��' '
Addtees ri _
cq a
Reft Nowak PavoinvottMolln�tenana Mran two anf/ aD maierlah tot use work (specified below) of prandNa Ioaaled a1:
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Job Naand Address `^ �' 4�
RMPM, Inc. Ropresentative
We hereby submit spedillestleas nd estimate: for,
a Clean n. R, of trance 11V or wider with Compressed eN and 1%1 whh l3405 hot pour rubberized crack sealer.
• Apply GlanzoK sealant to crack cooled area to prevent tracking.
• TrensRWn crack seal (concrete to asphait) Joints will not be sealed unless otherwise stated.
SETTLING OF CRACK SEAL MATERIAL MAY OCCUR, WT DOES NOT AFFECT PERFORMANCE. ACLIGATORED AREAS WILL U07 SE
CRACK SEALED. INFRARED PATCI M It RECOMMENDED IN TRESE AREAS.
• Area to be sealcoated will be cleaned with push blowers and wire brooms.
• Prime all spots where applicable. Seelcoat will not adhere to heavily saturated of spots. mtrared patching Is recommended In these weds
to ensure adh i.
• sealoaat - yV . Sig. R. of parting lot with blended sealcoat (70% Coaltar and 30% asphalt enwlebn). Add "Top Tff
latex addldve for durability and agg tar traction into easiest before epplica ion.
• SealCoet wed take approx _ days.
• Restrlps deslignated lot with traffic paint Lot will be salpod with axisting layout and older unless otherwise spelled.
TripQL ed h I J�O, Cleaning Chap Of appNsabls)
Misc. fA>arSss
r �""IFtit Description
PRICE al"ANTEE: We guentse oar price is the lowest In the Ia UM canalderhla: Our aruWanshlp, warranq, scope of watt Irteurance, gmelf
lab Burt and the use of high "ley mateRau.
It yam eays ear euetltaee, I as be reached d (VIM-BZB. her were to be apbedured, plan fee a signed aanYaci to o fRa. cis (M)4724WM
Gt:,0-3 *p-. ie'At ODOO TOTAL (Labor and Materials) $
Payment is due upon cam0wa(r of work.
NOW 1) adaeotrl wattle eb,w mt yen nexq, tl a mddwwW d+ee•, regga tln sew It as sin R rbM wd mebtllala ►m mhaebk.
2)oaere. worloneeMP eM anhendm.
33 Tmeb AmYm oatwaudod unlemm spmmnay ceded aut en ok co*10.-7�t-Jn
Q M poem r to approwl of mereeement ' 1 i. r
mcepw W. r
IrW pmaas0
Date:_
MRM 104 W 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:
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
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