HomeMy WebLinkAbout372543 ROCKY MOUNTAIN PAVEMENT MAINTENANCE - CONTRACT - CONTRACT - 5508690SERVICES 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. Delav, 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.
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:�✓�-�9-4 UZ
Jame B. 'Neill II, CPPO, FNIGP
Direct f Purchasing and Risk Management
Date: 9 ��2_�l�O�
Rocky Mountain PpvKnent Maintenance Inc.
By:
C.s5=A ?%lam
PRINT NAM CORPORATE PRESIDENT OR VICE PRESIDENT
Date: 17-) z.z Los
(Corporate Seal)
SA January 2005
5
EXHIBIT A
lb001
rMam
n l , t No. 04170
FAI l70.417 55/8 I a B B B► B B B T[ e
B!! MARINATE! !!. • FT. SKM CO WU • lfer47t'.SM
CONTRACT
Proposal ayRMd m: u erg Date
Mama /j // Cam'- 47a'J�
Address � �ly —
cly aM
Rosa Msutbb Pavement Nhlatensal series IQ
to AN materials for On work (apelfbtl Wine) ea Pramfaa located It
Job Name and Address
RMPM, Inc. RapresenWW
We hereby submit speeffleadons and estimates for.
• Clean n. Ft. of cracM 114" or wider with compressed ale and f[(wtth 4305 hot pour rubberized crack sealer.
• M%piy Gten;oil sealant to crack sealed areas to prevent traddng.
• Tranavon crack $al (concrete to asphall) joints will not be sealed unless otherwise stated.
SETTLING OF CRACK SEAL MATERIAL MAY OCCUR, BUT DOES NOT AFFECT PERFORMANCE. ALLIGATORED AREAS WILL NOT 8E
CRACK SEALED. INFRARED PATCHING 13 RECOMMENDED IN THESE AREAS.
• Area. to be aaloasted will be cleaned with push blowers and wine brooms.
• Prime OR spot* where applicable. Seelcoat will not adhere to heavily saturated OR spots. hdrared patching Is recommef" In Mae area
to ensure adh i.
• Seloet � R. of parldng lot with blended selcoat (70% Coaitar and 30% aaphaft emulslon). Add "Top Tuff
lax addWs for durability Ed agoret for bacdon Into sealcoat before appticadon.
• Salem wig take appmx days:
• Restrlpe designated lot with tragic peiftl Lot vAl be strlped with existing layout and color unless otherwise speoifbd.
TdP Charges � [/ � Cleaning Charge of appllaabla)
0—each /Yes`►!
nd� Chargs, f� Mina. Charges
oapiptlon
Nick aUARANT@: We guarmtes our price Is the lowest in the Industry considering: Our worbnanehip, wsrrenb, scope of work, Insurance, en *
Tait start and the use Of high 4twity matarrofa.
If Yae base my qus>slisex, I qa be rs#*W Of (971IM-11>!K. for want to be ecbeddad, gleaea to a afgaed nr*ad to ofnat. hx (271147245ee
5 fea- 5jPP4 �gboo TOTAL (Labor and, Materials) $ � _.-
Payment is due upon complbltd of work,
1p C
Hop: t) Adeeonl wank ckn�gdone tl your newel N N addaaW cheree, wHlk tM crew k an ees a IkM lad materuN ap aveaaap. �"'iY
sewn not im1wed unless kpxclmwl y caned out on t* Coact
to axmvd of agropemenL
Accepted W.
Date: ---
FORM pa tov $143
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
Policy Number.
Date Entered: 6/28/2005
ACORD�, CERTIFICATE OF
LIABILITY INSURANCE
°""`"""°°"'""'
6/28/2005
PRODUCER COMPREHENSIVE INSURANCE SERVICES
1113 E. Alameda Avenue
Denver, Colorado 80209
(303)778-7811
THIS CERTIFICATE IS ISSUED AS A 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 COVERAGE
HAIL 0
ENSURED ROCKY MOUN`ZAIN PAVEMENT MAINTENANCE, INC
2001 W. 64TH LANE
DENVER, CO 80221
INSURER A:ALLIED INSURANCE CO
INSURER 8:
INSURERC.
INSURER D:
INSURER E:
COVERAGES
THE POLICIES 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 AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH
POLICIES. AGGREGATE LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS.
POLICY NUMBER
POLY EFPEC.
TI.
UMITs
GENERAL UABIUTY
EACH OCCURRENCE
3 1, 000, 000
INUMME-M RENTED
PREMISES Ea ooyro
s 100, 000.
A
COMMERCIAL GENERAL LIABILITY
P 7501883462
fi118/2005
6/18/2006
CLAIMS MADE X OCCUR
MED EXP w pv )
3 5,000.
PERSONAL 8 ADV INJURY
3 1,000,000.
$1, 000 PD DED
GENERAL AGGREGATE
3 2, 000, 000 -
GENL AGGREGATE LIMIT APPLIES PER:
PRODUCTS - COMPXTP AGO
$2 , 000 , 000
-.--
POLICY PRO LOD
AUTOMOSILE
LIABILITY
COMBINED
31,00D,ODD.
A
ANY AUTO
P 7501883462
6/18/2005
6/18/2006
(E*-**l)SINGLELIMIT
BODILY INJURY
3
ALL OWNED AUTOS
SCHEDULED AUTOS
(Per pe )
BODILY INJURY
3
HIRED AUTOS
NON -OWNED AUTOS
(Par aoddacq
PROPERTY DAMAGE
3
(Par acaUNq)
GARAGE LIABLITY
AUTO ONLY - EA ACCIDENT
7
OTHER THAN EAAOC
S
ANY AUTO
3
AUTO ONLY: AGG
EXCESSNMBRELLA LIABILITY
EACH OCCURRENCE
3 4,000,000.
AGGREGATE
84,000,000.
OCCUR 1 CLAEAB MADE
ACP 7501883462
6/18/2005
6/18/2006
A
$
i
DEDUCTIBLE
3
RETENTION $0
WORKER$ COMPENSATION AND
WC 721 OTHF
I
EMPLOYERS! LIABILITY
E.L. EACH ACCIDENT
$
ANY PROPRERORIPARTPEFIEXECUTNE
E.L DISEASE -EA EMPLOYEE
3
OFFICERIMEMBER EXCLUDED?
-
I(yn rPRO uMx
SPECIAL PROVISIONS bMow
E.L. DISEASE -POLICY LIMIT
3
A
OTWR LIMITED JOBSITE
ACP 7501883462
6/18/2005
6/18/2006
PER CLAXI4 $ 100,000.
POLLUTION COVERAGE
AGGREGATE $ 300,000.
DEDUCTIBLE NONE
DESCRIPTION OF OPERATIONS I LOCATIONS I VEHICLES I EXCLUSIONS ADDED BY ENDORSEMENT I SPECIAL PROVISIONS
CITY OF FORT COLLINS IS ADDED AS ADDITIONAL INSURED.
CITY OS FORT COLLINS
281 N. COLLZGE AVENUE
P.O. BOX 580
FT COLLINS, CO 80522-0580
2512001ro91
SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIATION
DATE THEREOF, THE HOMING INSURER WILL ENDEAVOR TO MAIL 30 DAYS WTOTTEN
NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE LEFT, BUT FAILURE TO DO e0 SHALL
IMPOSE ND OBLNRATION OR LIABILITY OF ANY KIND UPON THE INSURER, ITS AGENTS OR
O ACORD CORPORATION 1988