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HomeMy WebLinkAboutE AND L LEGG CHUCK HOFFMAN FULLER BIVENS STEELY - CONTRACT - BID - 5263 HAULING MICHAEL DANNY LEEPER MCEVOY AND SONS GREGG J B EXCAVATING VINEY ASHLAND (7)111 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 V I Y o L� n Co \ _°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 penods 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 marled no later than ninety (90) days prior to contract end Deli 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 =Ipm 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 City . Service Provide `/ City of Fort Collins, Purchasing V 1 n4e=. \ ru C-L. . Jr-� 256 W Mountain Ave 250`1 0 _ Ft Collins, CO80522 0 ui ri 5 tV 8(-)5z 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 2 2 C 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 Dejault 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 1 J 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 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 In 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 Enlire Agreement This Agreement, along with all Exhibits and other documents incorporated herein, shall constitute the entire Agreement of the parties Covenants or 0 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 BY e �/ VL Jame B O'Neill, II, CPPO Direc of Purchasing and Risk Management Date s /6 y t r-t U C\\L� in `11 Q- Business n me (please indiebte if you are a corporation or sole owner (DBA)) In (Your signature) PRINT NAME TITLE (owner, president of corp , etc ) Date EXHIBIT B INSURANCE REQUIREMENTS 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 Seance 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 1 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 $500,000 combined single limits for bodily injury and property damage In the event any work is performed by a subcontractor, the Service Provider shall be responsible for any liability directly or indirectly arising out of the work performed under this Agreement by a subcontractor, which liability is not covered by the subcontractor's insurance Tandems 1 S-$+-Kemvos"th 19 85 Peterbilt 23 80 Kenworth 25 86 Peterbilt 32 86 Peterbilt Tandem & Pups 22 88 Kenworth 24 82 Peterbilt 31 84 Kenworth �38 89 Peterbilt 20 88 Peterbilt 27 86 Peterbilt-1 17 85 Peterbilt 29 89 Peterbilt '� 30 86 Peterbilt 39�90Peterbilt �✓ Viney Trucking Inc. Equipment Li I.D. No. . P 1XP9D29X6FN188928 182281S 1XP9DB9XOGP197775 1XP9D29XGN195762 1XKAD29X5JS513913 1XP9D29XOCP151387 1XKWD29X9ES318807 1XPFD29X8KD279198 z� Kw o6 C�X 3 L_m S'11 1xnFc>P>Cix 2 L0z8S92_-Z 1XPFD29X9JD264448 1XP9D29X4GD195545 1XP9D29X2FD188365 1XP5DDB9X5KD269692 1XP9D29X3GP195910 1XP5 DB9X3LD289019 PupTrailers -8G-3867f'9'Yi9TZHT5-- 38P 85 Homeade ✓ IDO618545CD 18P -!A Ea ptjP •34852- 31P 94 Williamson 1W94E252XRS004702 'PM 95 Williamson �' 1W9ES2745004792 Rock Trailers 43T 74 Fruhauf FWS617103 33T 90 Western WE190EDFS02086070 J-1-1T Q i VI. rtec� 1 QVI FS aSC a'111 L 0 U 1J _Belly Dumps 35T 90 Fruehauf --� 1H4H04027LJ021405 30T 92 Ranco i 1R9BSE.5503NLOO8572 34T 94 Ranco i 1R9BSE599RL008339 IW-V96 Ranco ✓ 1R9BSE50XTL008002 Enddumps 42T 80 Trailmobile 41T 82 Fruehauf 29T 93 Lufkin ✓ 815 94 Western ✓ 20T 94 Western V41495 1H4DO2729CFO20901 11,01C3820P1098858 1W9103224RW172291 1W9103227RW172348 Lowboys \, il3'�� 3=,c' 32-ci,4 39T 94 Fontaine/Liddell �-'4LF484;33B35 929 38T 96 Dynaweld 40181DHX1T1X33033 Flatbed 40T 85 Lufkin Livebottoms 1-71-94 Red River 'QT'94 Red River--' yT-96 Red River ` 5j96 Red River ✓ 1L01B4223F1067152 R1051143 R1051144 1R9LB4225T1051100 1R9LB4227T1051101 61 B Mack B753S2338 Plate No. 371-LV2 830-LU2 305-LV2 804-LU2 249-LU2 303-LV2 668-LU2 850-LU2 �0 0+�U0 6AV-868 471-LU8 G[5 C.6A G6A -11v`t -7 Ci D8c15 LO51 439 -) 6O %citoLO56427 L42880 L44932 7BA153 7BA213 7BA187 710 Q�-7C, 3 L44844 L049314 'iA-Z •3v7� 160ZD(v •0 L054993 7AZ366 L102482 L44840 -IQ 0 Lv7 i9- 7 -7 a -1 ib -7 b s #5263 EQUIPMENT YR MAKE TRACTOR/TRL —_ TRUCKS TANDEM DUMP TRUCKS DUMP TRUCKS WITH PUP OTHER EQUIPT (LIST TYPE) QUOTE MODEL CU YDS $/H R $ 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 FIRMNAME 3 ACORD CERTIFIC OF LIABILITY INSU NCkID BI DATE(MMIDDIYV) INEY-1 03/05/98 PRODUCER THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE The Linden Co. of Northern Co. HOLDER THIS CERTIFICATE DOES NOT AMEND, EXTEND OR 2900 South College Avenue-#3B ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW COMPANIES AFFORDING COVERAGE Fort Collins CO 80525 COMPANY np� A Employers Mutual Michael D. Pierce Phone No 970-229-9304 Fax Na 970-229-1398 INSURED COMPANY � `lt1 B C.C.I A. v f 0 Viney Trucking, Inc. Dba COMPANY Duane Viney Trucking C 2507 Brookhill Rd. Ft. Collins CO 80524 GD PAW war CAVERAGES \\ THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOYS'FQR�T E IJCYy�RIOD INDICATED, NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH HICH 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 GO LTRDATE TYPE OF INSURANCE POLICY NUMBER POLICY EFFECTIVE POLICY EXPIRATION LIMITS (MMIDDIYY) DATE (MMIDD/YY) GENERAL LIABILITY GENERALAGGREGATE $ 1000000 X PRODUCTS -COMPIOPAGG $ 1000000 A COMMERCIAL GENERAL LIABILITY OX8104898 09/14/97 09/14/98 CLAIMS MADE OCCUR PERSONAL& ADV INJURY $ 1000000 EACH OCCURRENCE $ 1000000 OWNER'S& CONTRACTORS PROT FIRE DAMAGE (Any one fire) $ 50000 MED EXP(Any one person) $ 5000 AUTOMOBILE LIABILITY A ANY AUTO OX8104898 09/14/97 09/14/98 COMBINED SINGLE LIMIT $ 1,000,000 X BODILY INJURY ALL OWNED AUTOS SCHEDULED AUTOS (Per person) $ HIRED AUTOS BODILY INJURY $ NON -OWNED AUTOS (Per axident) PROPERTY DAMAGE $ GARAGELIABIUTY AUTOONLY EAACCIDENT $ ANY AUTO OTHER THAN AUTO ONLY EACH ACCIDENT $ AGGREGATE $ EXCESS LIABILITY EACH OCCURRENCE $ UMBRELLA FORM AGGREGATE $ OTHER THAN UMBRELLA FORM $ WORKERS COMPENSATION AND WC STATU OTH TORV LIMBS ER EMPLOYERS' LIAHILITV EL EACH ACCIDENT $ 100000 B THEPROPRIETORI INCL PARTNERSIEXECUPVE 1963162 07 O1 / /97 O7/O1/96 EL DISEASE -POLICY LIMIT $ SOOOOO OFFICERS ARE EXCL EL DISEASE-EAEMPLOVEE $ 100000 OTHER A PHYSICAL DAMAGE OES104898 09/14/97 09/14/98 SEE BELOW SEE BELOW DESCRIPTION OF OPERATIONSILOCATIONSNEHICLESISPECIAL ITEMS ALL OPERATIONS -ALL LOCATIONS CERTIIFCATE HOLDER IS NAMED AS ADDITIONAL INSURED WITH RESPECTS TO THE WORT{ PERFORMED BY THE NAMED INSURED FOR THE ADDITIONAL INSURED. CERTIFICATE HOLDER CANCELLATION FORT-23 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, PURCHASING DEPARTMENT BUT FAILURE TO MAIL SUCH NOTICE SHALL IMPOSE NO OBLIGATION OR LIABILITY 256 W MOUNTAIN AVE. OF ANY KIND UPON THE COMPANY ITS AGENTS OR REP_RE TATWJS FT. COLLINS CO 80522 AUTHORIZED REPRESENTATIVE Michael D. Pierce nrnrzn ss c Frost _ _ .nr,.aawsra>K.. r ¢nN TNxx