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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 (15)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 Dwight Michael DBA/Michael Trucking, 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 two (2) pages, and incorporated herein by this reference 2 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 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 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 SA 7/93 1 0 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 often (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 SA 7/93 U 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 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 SA 7/93 4 ELIJ 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 _ James B O'Neill, II, CPPO Director of Purchasing and Risk Management Date Mf ctlarc C TVVCLwe _ Business name (please indicate if you are a corporation or sole owner (DBA) By C r signature) PRINT NAME TITLE (owner, president of corp , etc ) Date q"% 91 EXHIBIT C #5263 QUOTE EQUIPMENT YR MAKE MODEL CU YDS HP $/HR TRACTOR/TRL _ $ TRUCKS _ $ TANDEM — $ DUMP TRUCKS _ $ $ 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 /V/C!hAE/ /V-w&e1lt q/ 3 25S1F 05-13-1998 DECLARATIONS PAGE MATCH 01433 N _ _, 11 13001 8TH AVENUE GREELEY CO 80638 " NAVV1fPIadlli➢&X POLICY NUMBER S55 9543—A26-06A p 01433 06-1680-22RS i *** CITY OF FORT COLLINS POLICYPERIODMAY 08 1998TO JUL 26 1998 *C* PURCHASING DEPT *0* 256 W MOUNTAIN AVE *P* FORT COLLINS CO 80521-2711 *Y* 1a \\ ` * * * DO NOT PAY PREMIUMS SHOWN ON THIS PAGE. — SEPARATE STATEMENT ENCLOSED IF AMOUNT DUE. NAMED INSURED: MICHAEL, DWIGHT DBA MICHAEL DESCRIBED YEAR MAKE MODEL BODY STYLE VEHICLE IDENTIFICATION NUMBER CLASS VEHICLE 1983 PETERBUILT 359 DUMP 1XP9D29XODP161U15 306000 COVERAGES (AS DEFINED IN POLICY) SYMBOL PREMIUM COVERAGE NAME LIMITS OF LIABILITY A $255.03 BODILY INJURY/PROPERTY DAMAGE LIABILITY -LIMITS OF LIABILITY - COVERAGE A— 6(,/D I L Y 1 N J U R I EACH PERSON, EACH ACCIDENT 500,000 500,000 LIMITS OF LIABILITY —COVERAGE A —PROPERTY DAMAGE EACH ACCIDENT 500,000 P3 $19.31 NO—FAULT (SEE POLICY SCHEDULE FOR LIMITS.) D1000 $42.61 $1000 DEDUCTIBLE COMPREHENSIVE G1000 $57.59 $1000 DEDUCTIBLE COLLISION U $16.54 UNINSURED MOTOR VEHICLE LIMITS OF LIABILITY—U EACH PERSON, EACH ACCIDENT 100,000 300,000 $391.08 TOTAL PREMIUM FOR POLICY PERIOD MAY 08 1998 TO JUL 26 1998 $903.20 CURRENT 6 MONTH PREMIUM FOR JAN 26 1998 TO JUL-26 1998 EXCEPTIONS AND ENDORSEMENTS FINANCED— FIRST NATIONAL BANK, 205 W OAK, FORT COLLINS CO 80521-2712. 6028E.5 ADDITIONAL INSURED —CITY OF FORT COLLINS, PURCHASING DEPT 256 W MOUNTAIN AVE, FORT COLLINS CO 80521-2711. 01 6037F.11 CERTIFICATE OF INSURANCE—GERRARD EXCAVATING INC, 1739 SOUTH COUNTY ROAD 13C, LOVELAND CO 80537-8869. 02 6037F.11 CERTIFICATE OF INSURANCE —CITY OF FORT COLLINS, 300 LAPORT, FORT COLLINS CO 80521-2719. 6038H.2 AMENDMENT OF DEFINED WORDS, LIABILITY AND PHYSICAL DAMAGE COVERAGES AND CONDITIONS. 6093DD.3 AMENDMENT OF DEFINED WORDS, NO—FAULT — COVERAGE P AND UNINSURED MOTOR VEHICLE — COVERAGE U. USE —COMMERCIAL. IRB 35396 IRB 3538A. NAMED INSURED— MICHAEL, DWIGHT DBA MICHAEL TRUCKING 832 SYCAMORE ST FORT COLLINS CO 80521-1907 THIS IS YOUR DECLARATIONS PAGE AGENT: GARY CRAMER 14 PLEASE ATTACH IT TO YOUR AUTO POLICY BOOKLET PHONE: (970) 484-1374 1680-625 YOUR POLICY CONSISTS OF THIS PAGE, ANY ENDORSEMENTS, AND THE POLICY BOOKLET, FORM 9906.4 PLEASE KEEP TOGETHER REPLACED POLICY S559543-06 FIRE O V L 155-4977 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, Streets Dept P O Box 580 Ft Collins, CO 80522 Attn Bruce Juelfs Service Provider Michael Trucking 832 Sycamore St Ft collets, CO 80521 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, as stated in the bid schedule identified as Exhibit C 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 SA 7/93 2 AWN 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 9 Acceptance Not Waiver The Cdy'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 often (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 SA 7/93 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 Indemnitvlinsurance 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 SA 7/93 4 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 BYq-2 JamNeill, II, CPPO Dvurchasing and Risk Management Date /y z Cl Business name (please indicate if you are a corporation or sole owner (DBA)) By r� signature) �W+q � VIAt e,4ti14 � i PRINT NAME TITLE (owner, president of corp , etc ) Date g _ & 9' _ #5263 EXHIBIT C QUOTE EQUIPMENT YR MAKE MODEL CU YDS HP 5/HR TRACTOR/TRL TRUCKS — $ TANDEM DUMP TRUCKS TANDEM DUMP &7 Y �v u 1 �- �1bL� S $ 9 TRUCKS a WITH PUP — $ $ OTHER EQUIPT (LIST TYPE) Failure to proviae 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 IyIc-4.90 172y koi 3 05- 13-19JO DECLARATIONS PAGE 3001 8TH AVENUE GREELEY CO 80638 01433 06-1680-22RS CITY OF FORT COLLINS PURCHASING DEPT 256 W MOUNTAIN AVE FORT COLLINS CO 80521-2711 NAMED INSURED: MICHAEL, DWIGHT DBA MICHAEL MATCH 01433 POLICY NUMBER S55 9543-A26-06A POLICYPERIoDMAY 08 1998TO JUL 26 1998 5 z- DO NOT PAY PREMIUMS SHOWN ON THIS PANE, SEPARATE STATEMENT ENCLOSED IF AMOUNT DUE - DESCRIBED VEHICLE YEAR MAKE MODEL BODY STYLE VEHICLE 0ENTIFICATION NUMBER 1983 PETERBUILT 359 DUMP 1XP9D29XODP161U15 CLASS 306000 COVERAGES (AS DEFINED IN POLICY) SYMBOL -PREMIUM COVERAGE NAME -LIMITS OF LIABILITY A $255.03 BODILY INJURY/PROPERTY DAMAGE LIABILITY LIMITS OF LIABILITY COVERAGE A -BODILY INJURY EACH PERSON, EACH ACCIDENT 500,000 500,000 LIMITS OF LIABILITY -COVERAGE A -PROPERTY DAMAGE EACH ACCIDENT 500,000 P3 $19.31 NO-FAULT (SEE POLICY SCHEDULE FOR LIMITS.) D1000 $42.61 $1000 DEDUCTIBLE COMPREHENSIVE G1000 $57.59 $1000 DEDUCTIBLE COLLISION U $16.54 UNINSURED MOTOR VEHICLE LIMITS OF LIABILITY-U EACH PERSON, EACH ACCIDENT 100,000 300,000 $391.08 TOTAL PREMIUM FOR POLICY PERIOD MAY 08 1998 TO JUL 26 1998 ------------------------------------------------------------------------------ $903.20 CURRENT 6 MONTH PREMIUM FOR JAN 26 1998 TO JUL-26 1998 EXCEPTIONS AND ENDORSEMENTS FINANCED- FIRST NATIONAL BANK, 205 W OAK, FORT COLLINS CO 80521-2712. 6028E.5 ADDITIONAL INSURED -CITY OF FORT COLLINS, PURCHASING DEP.T 256 W MOUNTAIN AVE, FORT COLLINS CO 80521-2711. 01 6037F.11 CERTIFICATE OF INSURANCE-GERRARD EXCAVATING INC, 1739 SOUTH COUNTY ROAD 13C, LOVELAND CO 80537-8869. 02 6037F.11 CERTIFICATE OF INSURANCC-CITY OF FORT COLLINS, 300 LAPORT, FORT COLLINS CO 80521-2719. 6038H.2 AMENDMENT OF DEFINED WORDS, LIABILITY AND PHYSICAL DAMAGE COVERAGES AND CONDITIONS. 6093DD.3 AMENDMENT OF DEFINED WORDS, NO-FAULT - COVERAGE P AND UNINSURED MOTOR VEHICLE - COVERAGE U. USE -COMMERCIAL. IRB 3539B IRB 3538A. NAMED INSURED- MICHAEL, DWIGHT DBA MICHAEL TRUCKING 832 SYCAMORE ST FORT COLLINS CO 80521-1907 ' THIS IS YOUR DECLARATIONS PAGE AGENT: GARY CRAMER PLEASE ATTACH IT TO YOUR AUTO POLICY BOOKLET PHONE: (970) 484-1374 1680-625 YOUR POLICY CONSISTS OF THIS PAGE, ANY ENDORSEMENTS AND THE POLICY BOOKLET, FORM 9906.4 PLEASE KEEP TOGETHER REPLACED POLICY S559543-06 FIRE OVL t5'-�977 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 Dwight Michael DBA/Michael Trucking, 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 Scooc 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 2 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 pnor 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 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 SA 7/93 1 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, Streets Dept Michael Trucking P O Box 580 832 Sycamore St Ft Collins, CO 80522 Ft collins, CO 80521 Attn Bruce Juelfs 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, as stated in the bid schedule identified as Exhibit C 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 SA 7/93 2