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