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HomeMy WebLinkAbout109244 WASTE MANAGEMENT OF NO COLORADO - CONTRACT - BID - 7374 PORTABLE TOILETS RENTAL & SERVICINGSERVICES 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 Waste Management of Colorado Inc, 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 four (4) pages and incorporated herein by this reference. 2. Contract Period. This Agreement shall commence June 1, 2012, and shall continue in full force and effect until May 31, 2013, unless sooner terminated as herein provided. In addition, at the option of the City, the Agreement may be extended for additional one year periods not to exceed four (4) additional one year periods. Renewals and pricing changes shall be negotiated by and agreed to by both parties. The Denver Boulder Greeley CPIU published by the Colorado State Planning and Budget Office will be used as a guide. Written notice of renewal shall be provided to the Service Provider and 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. Eat 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 Services Agreement 7374 Portable Toilets Rental & Servicing Page 1 of 12 Contacts: Service Issues: Mike Sprenger Telephone: (970) 674-2550 Fax: (970) 674-2515 Cell: (303) 435-2538 Email: msprenciawm.com Emergency: (303) 435-2538 Backup: (970) 567-0448 Billing Issues: Amy Wenger Telephone: (970) 674-2507 Fax: (970) 674-2515 Cell: NA Email: awengera-wm.com Emergency: (970) 674-2545 City: Service Issues Parks: Mike Calhoon (Project Manager) Telephone: (970) 416-2079 Cell: (970) 567-7273 Email: mcalhoon(abfcgov.com Natural Areas: Ryan Kogut Telephone: (970) 416-2206 Cell: (970) 274-6253 City: Billing Issues Payables: Dawn Henderson Telephone: (970) 416-2435 Backup: Jolene Reed Telephone: (970) 416-2462 Emergency: Linda Brown Telephone: (970) 416-2441 Email: rkogut@fcgov.com Email: dhenderson( fcgov.com Email: ioreedCa�fcgov.com Email: lbrown fcgov.com Services Agreement 7374 Portable Toilets Rental & Servicing Page 10 of 12 GENERAL SERVICES: PORTABLE TOILET LOCATIONS These portable toilets need once a week service. (Date of service is 10/17/12 to 4/17/13) (City Park Fishing Pier and Roselawn Cemetery are year'round) These are the locations known at Bid time. Actual locations and quantities may vary, at the discretion of the Area Project Manager. Site Address Number of Units Service Da PARKS Buckingham Park 101 First St. 1 accessible Mon City Park Ballfields 211 S. Bryan Ave. 1 accessible Mon City Park Fishing Pier 211 S. Brvan Ave. 1 accessible Mon Cottonwood Glenn 3074 S. Overland Trail. 1 accessible Thurs Dog Park (Spring Canyon Park Horsetooth Rd. & Horsetooth Ct. 2 accessible Thurs English Ranch 3825 Kingsley Drive 1 accessible Weds Fossil Creek Park 1 accessible Weds Greenbriar Park 730 Willox Lane 1 accessible Mon Jefferson Park Jefferson & Linden Sts 1 accessible Mon & Thurs Landings Park 1 accessible Weds Legacy Park 300 Woodlawn Drive 1 accessible Mon Martinez Park 600 N. Sherwood 1 accessible Mon Miramont Park 1 accessible Weds Rolland Moore Basketball 2201 South Shields Street 1 accessible Thurs Rolland Moore Playground 1 accessible Thurs Rolland Moore Tennis 2 accessible Soft Gold Park 1 accessible Mon Spring Park 2100 Matthews St. 1 accessible Weds Troutman Park 500 W. Troutman Parkway 1 accessible Thurs Warren Park 1 accessible Weds Webster Park 1 accessible Weds GOLF COURSES City Park Nine 411 S Bryan Ave. 1 accessible 5 winter months only) Mon Collindale Golf Course 1441 E Horsetooth Road 2 accessible Weds SouthRid a Golf Course 5750 S Lemay Ave 2 accessible Weds CEMETERY: Weekly service from March to November. Monthly service December to February. Roselawn Cemetery 2718 E. Mulberry 1 accessible Mon NATURAL AREAS Arapaho Bend 3950 CR 7 (Strauss Cabin Rd) Non ADA Mon N. Shields Pond 1333 N. Shields St 1 accessible Mon Services Agreement 7374 Portable Toilets Rental & Servicing Page 11 of 12 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. Services Agreement 7374 Portable Toilets Rental & Servicing Page 12 of 12 A`� �" CERTIFICATE OF LIABILITY INSURANCEIII2013 DATE 2/5�2011 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER. IMPORTANT: If the certificate holder Is an ADDITIONAL INSURED, the policy(ies) must be endorsed. If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). PRODUCER LOCKTON COMPANIES, LLC 5847 SAN FELIPE, SUITE 320 HOUSTON TX 77057 866-260-3538 CONTACT NAME: PHONE EX1: (FAX Na: INC,E-MAIL ADDRESS: INSURERS AFFORDING COVERAGE NAIC# INSURER A: ACE American Insurance COm anv 22667 INSURED WASTE MANAGEMENT HOLDINGS, INC. & ALL AFFILIATED, 1300436 RELATED & SUBSIDIARY COMPANIES INCLUDING: WASTE MANAGEMENT, INC. 5500 SOUTH QUEBEC STREET GREENWOOD VILLAGE CO 80111 INSURER B: Indemnity Insurance Co Of North America 43575 INSURER C: ACE Property & Casualty Insurance Co 20699 INSURER D INSURER E: INSURER F: COVERAGES AJ CERTIFICATE NUMBER: 1446916 REVISION NUMBER- XXXXXXX THIS IS TO CERTIFY THAT 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. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. INSR LTR TYPE OF INSURANCE ADDL INSR SUBR WVD POLICY NUMBER POLICY EFF MM/DD/YYYY POLICY EXP MM/DD/YYYY LIMITS A GENERAL LIABILITY Y Y LIDO G26436886 I/l2012 1/12013 EACH OCCURRENCE $ 000 000 X COMMERCIAL GENERAL LIABILITY DAMAGE OEaBarurzence $ 5000000 CLAIMS -MADE E OCCUR MED EXP (A:,y oneperson) XXXXXXX PERSONAL &ADV INJURY 5,000,000 X XCU INCLUDED X ISO FORM CG 0001 1207 GENERAL AGGREGATE 6,000,0000 GENT AGGREGATE LIMIT APPLIES PER'. PRODUCTS-COMP/OP AGG POLICY X jECOT X L C A AUTOMOBILE LIABILITY Y Y MMT1108692853 1/l2012 1/l2013 OMBBINEIlia accidenDSINGLELIMIT X BODILY INJURY (Per person) ANY AUTO ALL AUT SNED SCHEDULED X BODILY INJURY (Per actltlenl X HIRED AUTOS X AUTOSWNED PerOemidentDAMAGE }{ MCS-90 C X UMBRELLA LIAR X OCCUR Y Y XOOG25834501 1/l/2012 1/12013 EACH OCCURRENCE $ 15000000 AGGREGATE $ 15,000,000 EXCESS LIAR CLAIMS -MADE DELI I I RETENTION$ $ j()(jY'j(xxx B A A WORKERS COMPENSATION AND EMPLOYERS'LIABILI'D YIN OFFICER EMER EXCLUDED ECUrIVE El IMymnEatory In NH) DESLRIPTON Of OPERKTIONS.W. N/A Y WLR C46774747((CA&) WLR C46774747 (CA SCF C4677579A(WI) 1/12012 1/1/2012 1112012 1/12013 1/1/2013 1/12013 WC STATU- OTH- X TORV LIMITS EIR E.L. EACH ACCIDENT $ 3.000000 EL DISEASE - EA EMPLOYEE $ 3,000000 ELDISEASE- POLICYDMIT s 3000000 A EXC17SS AUTO LIABILITY Y Y XTR H08692865 1/l2012 1/l2013 COMBINED SENGLELIMIT $9,000,000 (EACH ACCIDENT) DESCRIPTION OF OPERATIONS / LOCATIONS / VEHICLES f(Attech ACORD 101, Additional Remarks Schedule, if more space is required) ADDITIONAL INSURED IN FAVOR OF CITY OFFT. COLLINS (ON ALL POLICIES EXCEPT WORKERS COMPENSATIONILL) WHERE AND TO THE EXTENT REQUIRED BY WRITTEN CONTRACT. WAIVER OF SUBROGATION IN FAVOR OF CITY OF FT. COLLINS ON ALL POLICIES will, ANU'I'O FIE EXTENT REQUIRED BY WRITTEN CONTRACT WHERE PERMISSIBLE BY LAW. V CR I IrlliM 1 C R V LI.ICR LNIY V CLLM I I V IV SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS. 3446916 AUTHORIZED REPRESENTATIVE CITY OF FORT COLLINS P.O. BOX 580 FT. COLLINS CO 80522 ACORD 25 (2010/05) ©1988-2010 ACORD CORPORATIC1111. All rahts reserved The ACORD name and logo are registered marks of ACORD 0 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: Copy to: Service Provider: City of Fort Collins City of Fort Collins Waste Management of Attn: Purchasing Attn: Mike Calhoon, Parks Colorado Inc PO Box 580 Supervisor 40950 Weld County Rd 25 Fort Collins, CO 80522 PO Box 580 Ault, CO 80610 Fort Collins, CO 80522 Attn: Mike Sprenger ms ren a wm.com 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, per the attached Exhibit "A", consisting of four (4) pages, and incorporated herein by this reference. 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 Services Agreement 7374 Portable Toilets Rental 8 Servicing Page 2 of 12 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, 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 often (10) days within which to cure said default. In the event the default remains uncorrected, the parry declaring default may elect to (a) terminate the Agreement and seek Services Agreement 7374 Portable Toilets Rental & Servicing Page 3 of 12 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. 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 Services Agreement 7374 Portable Toilets Rental & Servicing Page 4 of 12 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. 17. Prohibition Against Employing Illegal Aliens. Pursuant to Section 8-17.5-101, C.R.S., et. seq., Service Provider represents and agrees that: a. As of the date of this Agreement: 1. Service Provider does not knowingly employ or contract with an illegal alien who will perform work under this Agreement; and 2. Service Provider will participate in either the e-Verify program created in Public Law 208, 104th Congress, as amended, and expanded in Public Law 156, 108th Congress, as amended, administered by the United States Department of Homeland Security (the "e-Verify Program") or the Department Program (the "Department Program"), an employment verification program established pursuant to Section 8-17.5-102(5)(c) C.R.S. in order to confirm the employment eligibility of all newly hired employees to perform work under this Agreement. b. Service Provider shall not knowingly employ or contract with an illegal alien to perform work under this Agreement or knowingly enter into a contract with a subcontractor that knowingly employs or contracts with an illegal alien to perform work under this Agreement. c. Service Provider is prohibited from using the e-Verify Program or Department Program procedures to undertake pre -employment screening of job applicants while this Agreement is being performed. d. If Service Provider obtains actual knowledge that a subcontractor performing work under this Agreement knowingly employs or contracts with an illegal alien, Service Services Agreement 7374 Portable Toilets Rental & Servicing Page 5 of 12 Provider shall: 1. Notify such subcontractor and the City within three days that Service Provider has actual knowledge that the subcontractor is employing or contracting with an illegal alien; and 2. Terminate the subcontract with the subcontractor if within three days of receiving the notice required pursuant to this section the subcontractor does not cease employing or contracting with the illegal alien; except that Service Provider shall not terminate the contract with the subcontractor if during such three days the subcontractor provides information to establish that the subcontractor has not knowingly employed or contracted with an illegal alien. e. Service Provider shall comply with any reasonable request by the Colorado Department of Labor and Employment (the "Department") made in the course of an investigation that the Department undertakes or is undertaking pursuant to the authority established in Subsection 8-17.5-102 (5), C.R.S. f. If Service Provider violates any provision of this Agreement pertaining to the duties imposed by Subsection 8-17.5-102, C.R.S. the City may terminate this Agreement. If this Agreement is so terminated, Service Provider shall be liable for actual and consequential damages to the City arising out of Service Provider's violation of Subsection 8-17.5-102, C.R.S. g. The City will notify the Office of the Secretary of State if Service Provider violates this provision of this Agreement and the City terminates the Agreement for such breach. Services Agreement 7374 Portable Toilets Rental & Servicing Page 6 of 12 AT E C PO AT S CRETARY Services Agreement 7374 Portable Toilets Rental & Servicing CITY OF FORT COLLINS, COLORADO a municipal corporation By: ` James B. O'Neill II, PP , FNIGP Directp1 of Purchasing and Risk Management Date: Waste Manag ment of Colorado Inc By: PRINT NAN CORPORATE PRESIDENT OR VICE PRESIDENT Page 7 of 12 EXHIBIT A SCOPE OF WORK GENERAL SERVICES These are the estimated quantities of units known at Bid time. Actual locations and quantities may vary, at the discretion of the Area Project Manager. Daily rental of portable toilets to be serviced once per week (for special events) Estimate 4 @ $70.00/Each = $280.00 Total Daily rental of handicapped -accessible portable toilets to be serviced once per week (for special events) Estimate 2 @ $100.00/Each = $200.00 Total Monthly rental of handicapped -accessible portable toilets to be serviced once per week (see General Services: Portable Toilet Locations) 30 @ $100.00/Each = $3,000.00 Total Monthly rental of non -handicapped -accessible toilets to be serviced once per week @ "normal' locations (see General Services: Portable Toilet Locations, Arapaho Bend Natural Area) 1 @ $70.00/Each = $70.00 Total GRAND TOTAL GENERAL SERVICES: $3,550.00 BID SCHEDULE - 4TH OF JULY EVENT The portable toilets (forty-five (45) regular and nine (9) handicapped) must be delivered and set at various locations, as indicated by the Park Supervisor, by 5:00 a.m. on July 4, 2012 and removed on July 5, 2012 before 9:00 a.m.. The awarded vendor must supply the Park Supervisor with twelve (12) keys for the portable toilet paper holders before 12:00 p.m. July 3, 2012. Awarded vendor must supply 1 case (250 rolls) of toilet paper and must supply 40 special events boxes with liners for recycle materials July 4. 45 regular portable toilets at $45.00/ea X 45 = $2,025.00 total 9 handicapped portable toilets at $55.00/ ea X 9 = $ 495.00 total 1 case of toilet paper = $ 40.00 total 40 special events boxes with liners at $6.00/ea X 40 = $ 240.00 total GRAND TOTAL 4th of JULY EVENT: $2,800.00 Delivery and pickup schedules can be met as listed above? X yes no Services Agreement 7374 Portable Toilets Rental 8 Servicing Page 8 of 12 General Requirements 1. Each portable toilet shall display a record of service clearly identifying personnel performing service and date of service. 2. Pick up of canceled units or of units reaching their pre -established termination date will be made within one week of cancellation or termination. 3. Units will be anchored, at the expense of the Contractor, where necessary. 4. Minor repairs of units will be made on site when possible. Any unit which cannot be repaired on site must be exchanged within 48 hours. 5. Contractor must insure that toilet tissue will be placed in all units at the time of service. 6. Units which have been overturned shall be righted by the Contractor at no charge to the City. 7. Each unit shall be equipped with original equipment or the manufacturer's replacement parts. Units with altered or rigged equipment will not be accepted, i.e., eye and hook as replacement for locking mechanism. 8. Each unit shall be equipped with a working lock system, occupied/vacant indicator, tissue paper holder that is firmly attached to the unit per manufacturer's specification, seat cover shall be hinged and in working order. All other equipment shall be in working order. 9. All units shall be consistent in color, appearance and age. These units are for public use and must represent a positive image. 10. Frequency of cleaning units must be maintained, i.e. weekly or daily. If awarded contractor misses cleaning any units more than two times per year, City has the right to cancel contract and award a new contract with next low responsive, responsible bidder. Units will be replaced if they cannot be serviced during their normally scheduled cycle, weekly or daily, due to conditions such as frozen units in winter and etc. 11. Awarded contractor will be responsible for replacement of portable toilet if damaged by an act of God. City will be responsible for replacement if damaged by vandalism. 12. The Contractor shall provide one single point of contact to the City to handle any service issues, and notify the City immediately if there is a contact change. The Contractor shall also provide one single point of contact to the City to handle any billing issues. The Contractor agrees to hold prices firm for the term of the Annual Contract. Any price adjustment requests for the following year will be submitted when the Renewal Letter is sent out; the City of Fort Collins uses the Denver Boulder Greeley CPIU index published by the Colorado State Planning and Budget Office as a guide (see sample Services Agreement, attached). The contractor agrees that they will not charge the City any Fuel Surcharges, Finance Charges, or Late Charges. All billing will be sent to the Accounts Payable Department at P.O. Box 580, not to the individual departments. 13. The Contractor agrees to stress the importance to their Drivers to obey all posted speed limits on City of Fort Collins and Natural Areas streets, access roads, and trails. Repeated violations may be cause for contract termination. 14. The City has adopted a "Limitation on Engine Idling" to discourage the idling of vehicle engines. Contractor must comply with turning off vehicles instead of idling for long periods (more than three minutes, as a general rule). The City also desires that contractors run biodiesel or other alternative fuels in their trucks. Services Agreement 7374 Portable Toilets Rental & Servicing Page 9 of 12