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Home My WebLink About108951 HALL IRWIN CORPORATION - CONTRACT - BID - 5824 INFIELD MIX TURFACE BLENDSERVICES 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 Hall Irwin Corporation, 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 one (1) page[s], and incorporated herein by this reference. 2. Contract Period. This Agreement shall commence December 30, 2003, and shall continue in full force and effect until December 31, 2004, 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 four (4) 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 termination to the Service Provider. Such notice shall be delivered at least fifteen (15) SA 10/01 M 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 Hall Irwin Corporation P.O. Box 580 P.O. Box 2150 Ft. Collins, CO 80522 Greeley, CO 80632 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, the sum of Twenty-nine Dollars and Nineteen cents ($29.19) per ton. 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 agreement for personal services. Accordingly, the Service Provider shall SA 10/01 7 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 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 SA 10/01 9 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, P. O. Box 580 Fort Collins, Colorado 80522 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. SA 10/01 9 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. Hppr e o Form torney Assistant tyAt CITY OF FORT COLLINS, COLORADO a municipal corporation By JoW F. Fischbach City Manager By: James eill II, CPPO, FNIGP Directo o urchasing and Risk Management Date: 12-1 Zg ( D3 CORPORATE PRESIDENT OR VICE PRESIDENT Date: 12• 2-;'0? (Corporate Seal) SA 10/01 10 EXHIBIT A SPECIFICATIONS FOR INFIELD MIX/ TURFACE BLEND Quantity: 3,000 tons infield mix Quantity: 120 tons Turface brand MVP infield conditioner Delivery Date and Location: Prior to December 22, 2003 or as approved by the City Representative to 1300 Hoffman Mill Road, Fort Collins, Colorado 80521 Infield Mix Percent Passing Sieve Size Sieve Size Percent Range 3 8' 100% #4 97% - 100% #10 95% - 100% #20 80% - 95% #40 60% - 80% #60 45% - 70% #100 30% - 50% #200 15% - 35% "Percent of clay in total mix must not exceed 8% • Texture of material must be sandy loam • Product must meet "percent passing" specification requirements as listed above. Samples must be verified by bidder to meet these specifications. This must be done by submitting, with your quote, a laboratory soils test analysis of the material. The test(s) must confirm that all specifications listed above are met satisfactorily. • The bidder must notify the City of Fort Collins Parks Division by telephone (970-221-6355) as to when they are beginning to manufacture this material and a representative from the City Parks Division will come out for a "grab" sample of this material. • Turface brand MVP infield conditioner must be computer blended with the infield mix at the rate of 10% of the VOLUME of the infield mix. • Bid price quotes are to be submitted as cost per ton delivered. 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 Service 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 $500,000 combined single limits for bodily injury and property damage. In the event any work is performed by a subcontractor, the Service Provider shall be responsible for any liability directly or indirectly arising out of the work performed under this Agreement by a subcontractor, which liability is not covered by the subcontractor's insurance. SA 10/01 DEC-24-2003 09:19 AM GAULT, SCOTT ucy Ao we wrti-pia riDoa B reter'Son ins, f+ I I. 44W4A 9706866737 P.01 Iti•'UI 5Ub U202 p.1 �ACORD. CERTIFICATE TIFICATE OF LIABILITY I oArta{N001Y1YY► INSURANCE PRaO eR Flood A Paterson Ina. Inc. P. O. Sox 0TD 4887 W.18th Street 12H9f03 IS C FICA w l UtiD Ti F I R ONLYANO CONI{ripB NO RIGNTB UPON TNF QCR11FtQATIt HOLDER. THIS CfItTIe1CAT[ Does NOT AMlND, P_M"1 0 OA ALTER THE COVERAGE APFtlADBO BY TNL POUF BELOW. INSURERS AFFORMNO COVERAGE NAIC N Greeley, CD 80032 I REO HALL IRWIN CORPORATION P.O. BOX 2150 INSURERA: Zurich INSUNeNEI Plnnacoi Assurance INSUREHD, travelers Insurance GRELTLEY, 09 00032 INauRER O: COVERAGES 1140115116; TAAW RE POLICIES OF INSU E 1,141 BELOW HAVE BEEN ISSUED TO TNB INSURED NA JM ABOVE FOR THE POLICv RPERT CONTRACT OR OTHER PERIOD INDICATED, NOTWMWANDII N.TTHE INSURANCE AFFMCD sy THE Pp G[9 D SCRIs 0 hEpE MAY DS Item T I CERTIFICATEa ]$SU Oft ERRlduS of cr E rrHH N IY & 1 E POLICIEA. AGGREGATE OMITS SH0I MAY HAVE BEEN REDUC.Eo aT PAID CLAIMS.SUCH pMAY OP wil rTP{OPIN IURANCE POLCYNIINBER yI DIYfe A SMERALUAVAUTY CP037MIBIQD 01101104 01101105 OCROCCURRENCE 111.000.000 X COMMERCIAL tlENERAL LIABILITY 1.000 CLAIMS MADE F7x 01 1 NED EXP LInv ensAaonl PNIWONAL A A0V INJYW 11 M,Q00 OW{RALAGGR{OATE 12 000 GEN'L AOONEOA7E LPAIT APPLELE PiR PRDOUCTs . COW10P AGG 22900000 PRO. POLh:Y X LOC A L1 LALIry CP037477moo 01/01/04 0110110a Lail?ANYnuro ALLGWNEDAUTDB�ru�'AC.NAISULQuAVYOtl ImffmamI AWLYINJURYMIRWAUTO$ N Pmnan) NON•G WNE0 AUT09 OODILY IWURY LFIr 110a11I11 e Qn ANAGE i OARAGI LIARINTY AUTO ONLY • {A ACCIDENT { ANY AUTO pp77�NpL�RTKAN EA ACC. e A SItEa10.AIMtlRrIIAUMILITT AUC375770200 01101104 01101105 AUT00NLY: AGG r EACHGCOURRUCE 46,000,000 X VCCUR CLAWA MADE ALAJl Wh 05,000.000 DeuucnaLE 1 N IrnIIUH s B WORNaRs COMP1NSAMON AND 4021105 01/01/04 01/01/00 6"1 WW161TY s X YYC ETAT q�p"gppW�ErpRrpARTNElaXECUTNE ReA lR 1Y.Y,LWGV7 E^LEACMACC@p{T QQ 9 Yu, erLneR ynpM .L IN3 E -EA EMPLOYE 1 0 000 P C OTHER Equipment OTCBOQOOX1144TIL04 01101104 81/01105 I.L. OIEEAEE• PdJCY LNrr SQ Wankel Equipment Limit $11,d7A,336 Deductible 1000 G{aCRIPn�I OF OP{RAl10NS1 LOCATION$ I VhNIGliB/ i%CLBNONa ADDRD EY ENDORSEMENT I SPECIAL PROVIEICNB nGRTMeATG LLYN IYGn City of Fort Collins Engineering Department P.D. Box 380 Fort C011ine, CO 00522.0580 ANY OF TN{ AWE 0e10RIaW P00006 a{ CAI LW EEFORI THE EXPIRATION iR{OP, TNI aruN01NEUR{ t+1{{AYCR L sn . OAYO WpITTEN nlccaanEmATSNO NAW TOTNaL a PAJUMUTCUD$a$1Y1LL IO uG� ORLIA TV OF ANY KINGLI IIOIACRIW a�iT MA \ 1 ACORD 25 (2001/08) 1 of 2 11111 g1 /M2Qi340 -- - J� — a�RPDORp CON 18ae ti-- —