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Home My WebLink AboutE AND L LEGG CHUCK HOFFMAN FULLER BIVENS STEELY - CONTRACT - BID - 5263 HAULING MICHAEL DANNY LEEPER MCEVOY AND SONS GREGG J B EXCAVATING VINEY ASHLAND (6)21 SERVICES 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 7,-,e5_ F✓d.e,/ ,niV7, ::CSt/G 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 Scope of Services The Service Provider agrees to provide services in accordance with the scope of services attached hereto as Exhibit "A", consisting of two (2) pages, and incorporated herein by this reference Contract Period This Agreement shall commence April 1, 1998, and shall continue in full force and effect until March 31, 1999, 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 two (2) additional one year periods Pricing changes shall be negotiated by and agreed to by both parties and may not exceed the Denver - Boulder CPI-U as published by the Colorado State Planning and Budget Office Written notice of renewal shall be provided to the Service Provider and mailed no later than ninety (90) days prior to contract end 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 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 City City of Fort Collins, Purchasing 256 W Mountain Ave Ft Collins, CO 80522 Service Provider _TZ5 1'5",'4 Ada � 3 /G S ,mac SoSZ 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 Contract Sum The City shall pay the Service provider for the performance of this Contract, subject to additions and deletions provided herein, as stated in the bid schedule identified as Exhibit C 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 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 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 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 parry 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, 256 West Mountain Avenue, Fort Collins, Colorado 80521 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 THE CITY OF FORT COLLINS, COLORADO Jame B 'Neill, II, CPPO Direc or f PPurrc�h/asing and Risk Management Date Business name (please indicateif you are ,am es 3artG, PRINT NAME Pro- S�9erV TITLE (owner, president of corp , etc ) Date j I #5263 EQUIPMENT YR MAKE QUOTE MODEL CU YDS HP TRACTOR/TRL — $ TRUCKS _ $ $ TANDEM $ bill A I % TRUCKS — $ $ TANDEM X72 1 rr g„k�L� 33S $-VQ Ob DUMP TRUCKS $ WITH PUP $ OTHER — $ EQUIPT (LIST TYPE) $ $ Failure to provide said equipment with qualified drivers as listed in the bid submitted may result in the removal of the vendor's name from the City's bidding list for a period of three years FIRM NAME 3 AGORD CERTIFIC OF LIABILITY INSU NC ID °03i CS2 9/98 PRODUCER THIS CERTIFICATE ISnSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE The Linden Co. of Northern Cc HOLDER THIS CERTIFICATE DOES NOT AMEND, EXTEND OR 2900 South College Avenue-N3B ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. COMPANIES AFFORDING COVERAGE Fort Collins CO 80525 COMPANY A Employers Mutual A� Phone No 970-229-9304 Fax No 970-229-1398 INSURED COMPANY ., B C. C.I.A. COMPANY J B Excavating, Inc. C 1316 S SunweatvieW Fort Collins CO 80524 COMPANY D COVERAGES 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 CO LTR TYPE OF INSURANCE POLICY NUMBER POLICY EFFECTIVE DATE(MM/DD/YY) POLICY EXPIRATION DATE(MM/DDNY) LIMITS GENERAL LIABILITY GENERAL AGGREGATE s2,000,000 X PRODUCE-COMP/OP AGO $2,000,000 A COMMERCIAL GENERAL LIABILITY OM4574198 03/22/97 03/22/98 CLAIMS MADE [�] OCCUR PERSONAL S ADV INJURY $ 1,000,000 EACH OCCURRENCE $ 1,000,000 OW NER S S CONTRACTORS PROT FIRE DAMAGE (Any one hie) $50f000 MED EXP (Any one Penwnl % 5 , 000 AUTOMOBILE LIABILITY A ANY AUTO ON4574198 03/22/97 03/22/98 COMBINED SINGLE LIMIT $ 1,000,000 X BODILY INJURY (per Person) $ ALL OWNED AUTOS SCHEDULED AUTOS _ HIRED AUTOS NON -OWNED AUTOS I - X BODILY INJURY (Per accident) $ X PROPERTYDAMAGE $ GARAGE LIABILITY AUTO ONLY EA ACCIDENT $ ANY AUTO OTHER THAN AUTO ONLY EACH ACCIDENT $ AGGREGATE $ EXCESS LIABILITY EACH OCCURRENCE S UMBRELLA FORM AGGREGATE $ OTHER THAN UMBRELLA FORM $ WORKERS COMPENSATION AND EMPLOYERS LIABILITY X WC STATU OTH TORV LIMITS ER EL EACH ACCIDENT s500,000 B THE PROPRIETOR/ INCL PARTNERS(EXECUTTVE 0876410 04/01/97 04/01/98 ELDISEASE POUCYLIMIT $ 500 000 r EL DISEASE EA EMPLOYEE $ 500 , 000 OFFICERS ARE EXCL OTHER A INLAND MARINE OP4574198 03/22/97 03/22/98 $250 DED DESCRIPTION OF OPERATIONS/LOCATIONSAtEHICLESISPECIAL ITEMS ALL OPERATIONS - ALL LOCATIONS CERTIFICATE HOLDER IS LISTED AS ADDITIONAL INSURED. CERTIFICATE HOLDER ° CANCELLATION ' FORT-02 SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, THE ISSUING COMPANY WILL ENDEAVOR TO MAIL CITY OF FORT COLLINS 30 DAYS WRITTEN NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE LEFT C/O JB EXCAVATING 1316 S SUMMITVIEW BUT FAILURE TO MAIL SUCH NOTICE SHALL IMPOSE NO OBLIGATION OR LIABILITY /OF ANY KIND UPON TOE COMPANY, ITS AGE S OR REPRESENTATIVES FORT COLLINS CO 80524 OCORD RR S 11119.51 UTHORIZEDR PRESEN IV CAR PORATION 19RR