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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