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HomeMy WebLinkAbout372543 ROCKY MOUNTAIN PAVEMENT - CONTRACT - CONTRACT - 5508690 RUBBERIZED CARCK SEALERSERVICES 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 obligatiors 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. Eariv Termination by City/Notice. Notwithstanding the time periods contained herein, the City may terminate this Agreement at any tirne 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. Ali notices provided under this Agreement shall be effective when mailed, postage prepaid and sent to the following addresses: sA ja„j,w cn; 1 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 uncler the Agreement without the prior written consent of the City. sA J.,,,,,„,, 20cs 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. sn danue,y '00t 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 J,,I ., , 2..:07 4 CITY OF FORT COLLINS, COLORADO a municipal corporation By- James1B 'Neill II, CPPO, FNIGP Director of Purchasing and Risk Management Date: t ?. t, d Rocky Mountain Pigment Maintenance Inc. PRINT NAVE P, , , I �-- CORPORATE PRESIDENT OR VICE PRESIDENT Date: -� ATTEs�i ;" (Corporate Seal) CORPORATE SECRETARY sn 5 EXHIBIT A - ,•• fifinot FREE ESTIMATES I No. 04170 970.472.5255 FAX 97IL47ESSOB I N 6 0 R P i a A f [ 0 M 11EA1tY011EN Dfl. • FT. MUN9, CO 80526 • 979.472.5255 C0NTRAICT Proposal s Ittod to: � d4V '* Data Name :_�17 —`' /���—_—/—/_ /—Contact_�� � Phone —471L�—IM/ Address, Y�lriA%._____ lN+�l met city stets zip Rocky Mountain Pavement Maintenance aproea�stoottotal It materials for the work (specified befow) on pramlaea located at: Job Name and Address_ RMPM, Inc. Repr6santative____'�� `_ We hereby submit specifications and estimates for: • Clean n. Ft, of cracks 1J4" or wider wfth compressed air and fill with 13405 hot pour rubberized crack sealer. • Apply Glenzol( 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 sealcoated will be cleaned with push blowers and wire brooms. • Prime all spots where applicable. Sealcoat will not adhere to heavily saturated oil spots. Infrared patching is recommended In these areas to ensure adh¢�9� ai. • Sealcoat / `X—`( Sq. Ft. of parking lot with blended sealcoat (70% Coaltar and 30% asphalt emulsion). Add "Top Tutr Wait additive for durability and aggror traction into sealcoat before application. eg1t f * Sealcoat will take approx. days. • Restrlpe designated lot with traffic paltry. Lot will be striped with existing layout and color unless otherwise specified. atom Trlp charges �� % Cieenlpp Charge (it applicable) each Charge Mist. Charges --A �IInit _ Description PRICE GUARANTEE: We quarantoa our price is the lowest In Ina industry ccISid aOne Out ieurlonanship, warranty, swpo of work, Insurance, timely lab start and me use of high quality matadals. If im sam -reason you receta a cheaper esdmate clean t•ant3rf , If you have say questions, I can be reached at 1170472-5265. For work to be acbodWee, please fax a signed contrast to office. Fax (970)472.5596 TOTAL (Labor and Materials) $ �5?2 P'ayrnent is due upon completiop of work, Nob' i 1 Addleonal work can done at your request at an eddblpral charge, while the crew b an Of it dme end rnata4s am aiailatlk. 2) nM y0oe W n 'WarlonLnahlp and maiedN9. aJ Tretflc rdr/ slreeb not Included unless appcbkaxy called out on this contract. 4) AX pon it uhiect to aot royal of manaoemant l� it Accepted bY: r— {Aemoezea Amoy IRm rx,s,) (JailMl eurcduerJ Cate._. — — -- — --- -- F(W rbi rev ti•e:a SA Januar: 6 IMMIMAIIIIIIIII 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 agreernent: 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 $500,000 combined single limits for bodily injury and property damage. In the event any work is performed by a subcontractor, the Service Provider shall be responsible for any liability directly or Indirectly arising out of the work performed under this Agreement by a subcontractor, which liability is not covered by the subcontractor's insurance. 7 Ivumuel . vale Crne$eo. ej2tl/YUUb ACORD. CERTIFICATE OF LIABILIn' INSURANCE D6ize/20D o ) PRODUCER COMPREHENSIVE INSURANCE SERVICES THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION 1113 E. Alameda Avenue ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE Denver, Colorado 80209 HOLDER. THIS CERTIFICATE DOES NOT AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. (303)778-7811 INSURERS AFFORDING COVERAGE NAIC 1t INSURED ROCKY MOUNTAIN PAVEMENT MAINTENANCE, INC INSURER A.ALLIED INSURANCE CO fIrINSURER B 2001 W. 64TH LANE INSURER c. DENVER, CO 80221 INSURER of ,INSURER E: THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTVIATHSTANDING ANY REQUIREMENT, TERM OR CONDITION OFANY 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. INSR ADD' L - _ POLICY EFFECTIVE POLICY EXPIRATION TYPE -DE INSURANCE - .POLICY NUMBER _ DATE jMWOUTY) 'LE IMM/DDM'1 LIMITS GENERAL ER IA MADE OCCUR EACH OCCURRENCE 100, OOD A � �� ' bAf�aG`i= TGTELtiTED - -- COMMERCIAL GENERAL LIABIury �ACP 7501883462 6/1E��/2005 6/18/2006 PR�ntlses IE, ou„r�,o,1 s 100, 000 I MED EXP (Any ane pe,wn) $ 5, 000 - PERSONAL & ADV INJURY l S 1 , 000, 000. $1 , 000 PD_D_ED_ _ GENERAL AGGREGATE _ $ 2, 000 , 000. GENL AGGREGATE LIMIT APPLIES PER PRODUCTS - COMPIOP AGG $ 2 000 r 000 - ,OLICV JR9TO- I _ ilii P AUT � I OMOOJ E LIABILITY � coMBINED BINGI E UNIT $ 1 � 000 , D00 - A ANY AUTO P 7501683462 6/18/2005 6/18/2006 IEAa«ide„q _.- -- ALL OWNED AUTOS eoDlLv InuuRv I s (Pe, vesonl SCHEDULED AUTOS I AIRED AUTOS BODILY INJURY b 1 NON OWNED AUTOS PROPERTY DAMACE $ ` GA (Per amGel p RAGE LIABILITY AUTO ONLY EA ACCIDE111C33 - ANY AUTO OTHER THAN EA A _ AUTO ONLY AGG $ __ `.—I__w n6c,000. iEXCESS/UMBRELLA LIABILITY EACH OCCURRENCE _ $ � i �_ x c CUR I I CLAIMS MADE ��pCP 7501883462 6/18/2005 6/18/2006 AGGREGATE s_4, 0002 000._ A �- kDEDUCTIBLE $ RETENTION �. $ 0 _ _ WORKERS COMPENSATON AND WC LIMIT OTH EMPLOYERS' LIABILITY OR-Y-LIMITS - ER ANY PROPRIETORIPARTNEFIFXECUTIVE E L EACH ACCIDENT $ OFFICER/MEMBER EXCLUOEDO EL g Il yes. rleactlba antler � DISEASE -EA - - - - - SPECIAL PROV1510N5 below E.L DISEASE POLEICP L M TE $ A OTHER LIMITED JOBSITE CP 7501883462 6/18/2005f 6/18/2006 PER CLAIM $ 100,000- -- -- POLLUTION COVERAGE 'AGGREGATE $ 300,000. -- -- --- - �— -- ---—-----'-------. IL.—_.---- (DEDUCTIBLE NONE DESCRIPTION OF OPERATIONS / LOCATIONS 1 VFHICLES I EXCLUSIONS ADDED BY ENDORSEMENT I SPECIAI- PROVISIONS CITY OF FORT COLLINS IS ADDED AS ADDITIONAL INSURED. SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION CITY OF FORT COLLINS DATE THEREOF, THE ISSUING INSURER WILL ENDEAVOR TO MAIL 30 _ DAYS WRITTEN 281 N. COLLEGE AVENUE NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE IFFT, BUT FAILURE TO DO SO SHALL P.O. BOX 580 IMPOSE NO OBLIGATION OR LIABILITY OF ANY KIND UPON THE INSURER, ITS AGENTS OR FT COLLINS, CO 80522-0580 REPRESENTATIVES. AUTHORIZED REPRESENTATIVE 25 (2001100) ©ACORD CORPORATION 1988