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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 (8)0 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 __6Lfi?U-& KL) C j L)6 , 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 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 " condition 4 Early Termination by City/Notice Notwithstanding the time periods contained U 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 Provider City of Fort Collins, Purchasing 69-L-%L TKUCKI NU 256 W Mountain Ave ECf2 �,,2- Ft Collins, CO 80522 CVELLI AIG-1 ON CO `W?I(i �I 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 l l 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 parry 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 0 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 parry 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 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 0 E representations not contained in this Agreement shall not be binding on the parties 16 Law/Severabihty 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 C i ""__` fA Ja s O'Neill, II, CPPO Dir or of Purchasing and Risk Management Date ObA fU-66 TPWCK/f6�- Business name (please indicate if you are a corporation or sole owner (DBA)) il��lL�i'�`�f •y K&lij l N T C-, E&6 U- PRINT NAME colt N>\ P,, - 0P6f-fET'2 TITLE (owner, president of corp , etc ) Date 3 10 �i �s #5263 QUOTE EQUIPMENT YR MAKE MODEL CU YDS HP $/HR TRACTOR/TRL TRUCKS __ $ TANDEM DUMP TRUCKS ` (( (�L(tifR 116 3 TO Q TANDEM — $ 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 EEUG TQt7C1'-) 0 C9 3 From Skies WeSt 303 3-7611 P01 R7 /1 /� ��EErr I'r��.//'�•�� 156VE DAIS IMMmO/YYI ,t,`.•IIE k wrBA, Tv eTy•Iyh1 A1'ICN/i�� , ��' 10-02-97 ►gooucER THIS RT FICAT IS I88UED AS A MATTEfi qF INFORMATFON ONLY AND CONFERS NO RIGHTS UPON TII[ CERTIFICATE HOLDER THIS CERTIFICATE iKU,S (d( S7 JAIWb( IA`(` /)IIp' M !1, JNC. DOES NOT AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE d((U h. lu,1111 # (,S PO IMES._. COMPANIES AFFORDING COVERAGE p/`/ ((1Z-1IN,1, ((' LETTERRYA NORTWAIt1IA't77tbb'/I(,` ((h'(PANIi INSUgEO COMPANY B LETTER l(1 111 N �. �Ji(' (/(/ / 1/'1) 1/ �r i flI f i 1111 1[7N(1 LETTER Y C 2507 t. (O1N?;1 /''>. r, ' OCIL 11Kj70N, (17 ,w, /, ,) COMPANY D LETTER COMPANY E LETTER THIS IS TO CFRTIFY THAT THI 1'01_101`q OI INSURANCE LISTED BELOW NAYS BEEN ISSUED TO THU INSLIRI O NAIAFU ABOVE FOR 1HL POLICY PERIOD III NOT WITHSI ANDINU A14 Y RT OUIRFMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHE n 1 0' I/MF N I WITH RF SPC 4T TO WHICH THIS CERTIFICATF MAYBE ISSUED 011 MAY PI III AIN, THE INSURANCE AFFORDED BY THE POLICIES DLIX FULICP T11 NE NI IS SUBJECT TO Al L THE TERMS, AND CONDITIONS OF ;,UCH POLICIES LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID TEXCLUSIONS CD I 1 I AIM' LTRI TYPE OF INSURANCE POLICY NUMBER �� _ POLICY EFFECTIVE POLICY EXPIRA0op DATE/MMIODNYT DATE(MMIOO/YYI LIMITS GENERAL LIABILITY 101 IIAI AUURLGAII 5 IAim COM)AFHLIAL GENOIAL UY PIIff IUC T G f OMP/UI' A(,G 5 (CLAIMS MADE( IU (UII IEW,0NAl AAOV IN 111flY 5 I OWNER S 6 40NTMCT VII L PRGI i E Atll O< [ IIIOIENLC 5 I AU, IIAMAGr (Any ('no Ine) F I HID � q C1I9C (Any no PeNM1) S AUTOMOBILE LIABILITY i I � ANY AUIU i fiA+PHLV iNGi F i IMIt IAI L UWNCO AUTOS nllTil Y III 9RIY F SCHEDULED AUTOS P"n Pvs nl 1 HIRED ALI09 nl.nu Y 11+iGnv 5 NON OWNED AUIGS P'eI nTlJnnq I OAnAGF LIANILITY A � a' 7iJlU(l'RS /_IAn "ll"7 t,Y;S I'l1UnL11i/DAMAGE 5 4_78_97 EXCESS LIABILITY �I ArTI n, 1 UIINEIVLL a UMBRELLA FORM A"(,4uA1E t UTNLR THAN UMBRELLA F,IHM �T WORKER S COMPENSATION _ �SIATIIIORY I IM119 AND CAE II A(CIOFNI $ UISr AGE- PVLIOY LIMIT i EMPLOYCg6' LIABILITY j bKMSF EALH EMPLOYEE S OTHER A CAR(jO 7A"7tS%5 4-28-97 4-28-98 $10,000 DESCRIPTION OF OPERATIONSILOLATIONS/VI HICLCAMPLCIAL ITEMS CERTIFICATE HOLDER II)f)f); /T(blVllr 1N,Sib2FL) I.pp (J7(/ O) 7010 ( 0! / / I/ ((CANCELLATION !i)h SHOULD ANY OF THE ABOVE DLJWVIIEI) POLICIES BE CANCELLED BEFORE TIIE PU/tUlASJN(/ L71III `10A' EXPIRATION DATE THEREOF, IIIL ISSUING COMPANY WILL ENDEAVOR TO � 156 7d. r?'W1N7r1JIP II ". MAIL _M_ DAYS WRITTEN NOUCL IL) III( LLHIRALAIE IIOLOER NAMED TOTITC /U/t( (W IINS, ((I S(I i / LEFT, BUT FAILURE TO MAIL 90(H NUIK i 4nA1L IMPOSE NO OPLIGATION OR LIABILITY OF ANY KIND UPON THE COMPANY I IS AGENTS OR REPRESENTATIVES 7/)X: ' I'V —( 101 AUT ORIEED REPRESENTAT a cam% r1a,11 7 I,Tr f