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HomeMy WebLinkAboutMORRIS TRUCKING LLC - CONTRACT - BID - 7210 HAULINGSERVICES 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 Morris Trucking LLC referred to as the "City" and , 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 1 page and incorporated herein by this reference. 2. Contract Period. This Agreement shall commence March 1, 2011, and shall continue in full force and effect until March 31, 2012, 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. Renewals and pricing changes shall be negotiated by and agreed to by both parties. The Denver Boulder Greeley CPIU published by the Colorado State Planning and Budget Office will be used as a guide. 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) 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 3 SA rev03/10 EXHIBIT "B " INSURANCE REQUIREMENTS 1. 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 rev03/10 03/01/2011 02:46:38 PM PINNACOL ASSURANCE PAGE 2 OF 3 CERTIFICATE OF LIABILITY INSURANCE DATE(MMDO Y Dwlrmn PINNAER wry Blvd OL ASSURANCE 7501 E Lowry Denver, CO 80230.7006 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. INSURERS AFFORDING COVERAGE NA= INSURED PINNACOL ASSURANCE 41190 MORRIS TRUCKING LLC 3900IDEAL DR. FORT COLLINS. CO 80524 wswER a MRE. uai.�R o. tl4UERE __ COVERAGES THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANONG ANY REOUIRFMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMMENT WITH RESPECT TO WHICH 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. 1N I PCUCY EFFECTIVE PQICf EMRATKW LTR rN IYPECFIN6LWWLE POLICY MA6ER WIE WAMO(Y V) mTgw LdYYYY) UMIi6 OEMFML.mL E HOC4YPREIICE ¢ mtOPENIEO COIWERCVLf FmWBIu1V CWY6 MILE OCWy PI>EMT6E6 Wo EW u PER6CNLL(wW YUA! �NLA^-0RECNTE uwl APPIIER6 PER ����� PROOUCT6-COIPwIPH'Tr IWCY El mo2Cyfl LOC AYTOWiRF UwPPITI CfYMIED YMiE UYI H1YwUT0 BCOIYOIARY I11 Qtt(DIUICB dCHEOUHI Wig Q�m� ___ BOmYWIUN MR£O WIGS WaQY120 W fas PROPERTYa4 M Pa sYONQ o 09 weluTr W 00WY-Ew ACCXHIT Oi1ER1 EAw C —AOTO WIOONLY. AOd ECCFf NMBREUA WBM1ITY E/'CH OCCIeOENCE AGCREWIE OCCIR! CWM6 MWE ormcnau RETENTION S W0N{mcoWNIMl10NYD WC61AN 0TWR A EWLOYERI LMBLI Y wNV PRCPMEIOWPMINER/EXEClI11VE 410893/ 10/012010 1001 J2011 TOWUNTS ELMCHwCCWIf SIOO,WD E.LDM4 -E EMROIEE 4100,060 OFFlCf RMEMBER IXQU0E0i IT Y4 NUEY 0[YVMIS10a 6PECMLPRMMON60tleM E.LoffnsE-PalnunT o1REa DESCRIPTIONOFOMMMONSILOCATION4(I.ENICMSEXQUSIONSADO WE1ID00.4EMENTI3PECIPLPRP Sl01 CERTIFICATE HOLDER 1293741 _CANCELLATION SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE CITY OF FORT COLLINS THE EXPIRATION DATE THEREOF, THE ISSUING COMPANY WILL ENDEAVOR T P O BOX 580 FORT COLLINS CO 80522 MAIL 0 DAYS WRITTEN NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE LEFT, BUT FAILURE TO MAIL SUCH NOTICE SHALL IMPOSE NO OBLIGATION OI LIABILITY OFANY KIND UPON THE COMPANY, ITS AGENTS OR REPRESENTATIVES. AUTHORIZED REPRESENTATIVE Cora Burns ACORD 28(2001108) Underwriter ACORD CORPORATION 1988 201142-25 ME? WELSH INS 6637103 >> ,4cx3kffAtJr CERTIFICATE OF I PRODUCER VVaMI Agmq. Vm t310 Egg Ebanhmw DtA LON1104comw Phan (g70)6636404 Fax (O70)OB3.7183 978 SO 1149 TEMMIDDIT" TY INSURANCE i DA02125M I I., c -1 V2 '. 4; , P TM CERTIFICATE G ISSUED AS A MATTER OF 111FORMAIM OKLY AND CONFERS NO ROM UPON THE CERTOMTE;; NDLOM TM CERTOWATE OM NOT AS= EXTE300 OR ALTER TIE COVEIVAM AfEOMM BY THE POLICIES BMW. i mm AFFORDsis COVERAGE .. UWM FIRE GROUP OMURlD M"4 Trud&V LL" 39M IDEAL OR OisLIRER r- FT COLLM. CO 80524 -- (g7m we-mm COVEX%M THE POLICIES OF RGURAINCE LWEO NAVE BM ISMIED TO THE 191URM IWORROVIEFORTIMPOMPERIODOMr. TEP ANYREMOREMIM TBMORCONWMOFMYCOKTRIkCTOPOT)IMD=MUWWXWREM3WTTDWMNTHMCERTD:rATEMkYSEMSMOR MAT PERMOL THE 99SURANCE AFFORDED BY M POUCIM DESCRIBED PIEREVI 15 SUILIECTTOALLYIS TEMM. 0=W31o16 ASO CONDITIOMI OF SUCH POLICM& AGGREGATE LIEVIS SHOWN ANY HAVE BEEN REDUCED BY PAD) CLAD& AIM TYPE 0POI8UNA= Pauff OTECM ucyawmKom Fou"IlKlIZOER polCAW I.EACH umn GENER&UABILM OCCURREMM 'A COIAWRCIAIL GENERAL LIABUTY 180376523ommo I awl 100000, CLAOMMADE V" 0ccLm . PEAS ONAL ACV NAM 1000000; IA lbol PROOtiCTS COUPIOP AG"G 2OD%IOO' OEWL AGGREGATE LIIWT APPL[Es P L'Po=:JPRojFcT !- Loc MITOMOOMLIARLM CommilD SINGLE uw 'ou 00=1 I ANVALITO ollwo caml I %M ALL OWNED AUTOS I VA SCKEDIAMAUM IA I NOUDAVT08 BarALrDuuar WWOWNIEDAUTOS i PROPERTY DAMAGE — CAROM UABLITY A�UTOO!ILY-,EAACCIDENT ANYAM OTHIERTIlAm, EA IiCC #=Cxr AGG EACH ONCE EXGlESSWEENCELUILIABOJIM OCCUR r CLAM DEDUCTIBLE RETENTION 5 I VAIRKERS COMPUMTM AND I. FT K AF EmkoyaRrLm luff I -R ANY PROPRIETOR I PARTNER I ElMnWE �AM LL EACH OFFICER I I&EMBER EXCLUOE07 EL DISEASE - EA ERIPIAWEE EA� Da; �-PoLcvCuir­ OTH" DESCRPTM OF OPERATICOM i LOCATIO14 ISIMICLUBIGNA0013i CERTIFICATE HOLDER IS LISTED AS AN ADDITIONAL INSURED. CERTIFICATE HOLDER 04 of Fort CoTm - Purctming Divesima p 0 Box sea Fort Collins: CO GOM ftm 2214707 ACORD 25 PODWOO) OF CARCEULATM 30 CAYSINVITMNOTICE701INCERTIFICA Tig-U&T, BUT FNAM 1000 80 BHA'I IMP00 KI OF ART KIND UPIN TM NMAM% ITS AGBM OR RI AUTHORIII11OREPRIMENTATIVE EXHIBIT "C" BID SCHEDULE 7210 Hauling You may attach a separate page with an equipment list— Please Include Contractor name on ft . TRACTOR/TRL TRUCKS TANDEM DUMP TRUCKS 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_ IM Y 1 Sir WC U' C)Cq , L j- , Are you orporatio-n�artn�ershlp BA, L-C, or PC PRINT NAME %�0.iha'0 Y 1 S ADDRESS 3`1UQ I C Q`A R, C D\ VAC C u W"3,� pp PHONE 56o )-gq?Ao CELL PHONE 55 LD" Ot-I B0 FAX 1 iy5. EMAIL ('�rnuYJwe n! Rf )c n , 0 01 I'J �o the following addresses: City: Service Provider: City of Fort Collins Attn: Purchasing r(\-or Y �S"Tc u_ol t`i l . VA t PO Box 580 Fort Collins, CO 80522 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 Providers obligations under this Agreement Such payment shall be the Service Providers 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, per the attached Exhibit W, consisting of one page, and incorporated herein by this reference. 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 underthis 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 Providers 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 neither assign any responsibilities nor delegate any duties arising under the Agreement without the prior written 4 SA rev03110 q consent of the City. 9. Acceotance 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-fumished 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 fumished 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. It the non-defaufting party commences legal or 5 SA rev03/10 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 ofthe 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 indemnity 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. 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 1 SA rev03/10 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. 17. Prohibition Aaainst Emolovina Illegal Aliens. Pursuant to Section 8-17.5-101, C.R.S., et. seq., Service Provider represents and agrees that: a. As of the date of this Agreement: 1. Service Provider does not knowingly employ or contract with an illegal alien who will perform work under this Agreement; and 2. Service Provider will participate in either the a -Verify program created in Public Law 208,104th Congress, as amended, and expanded in Public Law 156,108th Congress, as amended, administered by the United States Department of Homeland Security (the "e-Verify Program') or the Department Program (the "Department Program"), an employment verification program established pursuant to Section 8-17.5-102(5)(c) C.R.S. in order to confirm the employment eligibility of all newly hired employees to perform work under this Agreement. b. Service Provider shall not knowingly employ or contract with an illegal alien to perform work under this Agreement or knowingly enter into a contract with a subcontractor that knowingly employs or contracts with an illegal alien to perform work under this Agreement. c. Service Provider is prohibited from using the a -Verify Program or Department Program procedures to undertake preemployment screening of job applicants while this Agreement is being performed. d. If Service Provider obtains actual knowledge that a subcontractor performing work under this Agreement knowingly employs or contracts with an illegal alien, Service Provider shall: 1. Notify such subcontractor and the City within three days that Service Provider has actual knowledge that the subcontractor is employing or contracting with an illegal alien; and 2. Terminate the subcontract with the subcontractor if within three days of receiving the notice required pursuant to this section the subcontractor does not cease employing or contracting with the illegal alien; except that Service Provider shall not terminate the contract with the subcontractor if during such three days the subcontractor provides information to establish that SA rev03/10 the subcontractor has not knowingly employed or contracted with an illegal alien. e. Service Provider shall comply with any reasonable request by the Colorado Department of Labor and Employment (the "Department") made in the course of an investigation that the Department undertakes or is undertaking pursuantto the authority established in Subsection 8-17.5-102 (5), C.R.S. f. If Service Provider violates any provision of this Agreement pertaining to the duties imposed by Subsection 8-17.5-102, C.R.S. the City may terminate this Agreement. If this Agreement is so terminated, Service Provider shall be liable for actual and consequential damages to the City arising out of Service Provider's violation of Subsection 8-17.5-102, C.R.S. g. The City will notify the Office of the Secretary of State if Service Provider violates this provision of this Agreement and the City terminates the Agreement for such breach. SA rev03/10 CITY OF FORT COLLINS, COLORADO a municipal corporation By. Jan. O'Neill II, CPPO, FNIGP Di of Purchasing and Risk Management Date: � 1 B� Nn Mw'v\ YYI t r r S PRINT NAME CORPORATE PRESIDENT OR VICE PRESIDENT Date: , �'-2 ' & ATTEST: (Corporate Seal) 16T.00001'k\ SECRETARY SA rev03/10 BID #7210 HAULING SCOPE OF WORK 1. Vendor must be able to provide the equipment bid and a qualified driver Sunday through Saturday at any time, within one hour of being called by the City Representative or designated Truck Boss. Phone contact with a company representative, qualified to dispatch equipment, must be available at all times. The City Representative will try to schedule night/weekend work in advance, if possible. 2. The equipment and the driver shall be used primarily to haul asphalt from various asphalt plants to the job site as directed by the City Representative. Material from the job site may also be hauled to various other job sites, or dump sites located around the City, as directed by the City Representative. Other City departments may use this bid for hauling. Equipment and drivers shall report in at the time and location, as directed by the City Representative, mechanically sound and fully prepared to work a full day. 3. All Drivers must have a valid CDL license, and be qualified to operate the equipment. Any driver (contractor) who operates a commercial motor vehicle, as defined in §382.107, in intrastate or interstate commerce and is subject to the commercial driver's license requirement of 49 CFR part 383 must be included in an alcohol and controlled substances testing program under the Federal Highway Administration's rule. Documentation of proof must be submitted with this bid prior to performing work for the City of Fort Collins. 4. Drivers must be mentally and physically alert, and capable of maintaining safe control of their vehicle. Drivers must be properly dressed for work in the construction environment. a. Hard Hats — ANSI approved, must be worn all times when outside a vehicle or equipment. b. Eye Protection — ANSI Approved, must be worn when drivers are exposed to machines, equipment, or operations that present a potential eye injury. c. Footwear, suitable footwear that fits and provides adequate protection from hazards present at the construction site must be worn at all times. d. Safety Vests — ANSI Class 11 must be worn at all times on the job site or public right- of-way. e. No Animals / pets are allowed on facilities or job sites. 5. All drivers must attend a pre -construction meeting to review the scope of work. 6. All equipment must comply with all DOT, CDL, and any other local/State/Federal requirements including able to clear Port of Entry, Portable Scales, and posses current inspection stickers. Trucks must be equipped with an effective load covering tarp, asphalt apron (asphalt lip), and backup alarms. 7. All work shall be done in a professional, SAFE, courteous and efficient manner. The driver shall exercise the utmost courtesy to other drivers, the City, and the public including language on the job and during radio communications. 8. Drivers must use appropriate sanitary facilities as provided by the City on each job site or facility. 9. The City shall not be responsible for any equipment failures, damage to equipment, or maintenance required on the equipment. The vendor is responsible for all fuel required. 10. The City has adopted a "Limitation on Engine Idling" to discourage the idling of vehicle engines. Contractor must comply with turning off vehicles instead of idling for long periods (more than three minutes, as a general rule). 11. Any damage caused by the vendor's equipment or driver shall be the sole responsibility of the vendor. The vendor shall indemnify and hold harmless the City for any damage done by the vendor's equipment/driver to any member of the public, private property, and any part of the right-of-way. If City -owned equipment or City employees directly cause any damage, the City will assume responsibility for the damage. 12. At no time whatsoever shall the driver be considered or become a City employee. However the driver must understand that their actions represent the City since that is the citizens' perception. 13. The City will not guarantee hours. Vendors will be used on an as -needed basis, depending on job site, availability and type of equipment. 14. Hours worked must be approved at the end of each day by the City Representative. Hours will be counted from the time of arrival on the job site (not from the time of notification), and will end after the last load is unloaded. In the event, that a project is cancelled for the day or the City Representative is unable to provide adequate cancellation notice the Vendor shall be paid one hour show up time. 15. The City shall have the option to proceed with calling the next available vendor if the lowest vendor is not available. In case of a tie, the City Representative will alternate calling the tied vendors. Vendors who want to work for the City, but were not included in the original bid, will be added to the end of the list, regardless of price, upon approval by the City. When special conditions arise, the City shall have the option to choose the vendor to fit any special equipment needs. 16. 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 bythe Colorado State Planning and Budget Office. Written notice of renewal shall be provided to the Service Provider and mailed no later than 90 days prior to contract end. 17. The City does not intend to award to one vendor, but will issue multiple awards. 18. All drivers must provide Workman's Compensation insurance unless you own and drive your own truck. Owners who do not sub lease their trucks must provide a completed workman's compensation waiver, Exhibit D, each renewal year. Owner must notify the City of any changes. 19. Owners who sub lease a truck must provide a drivers name with copy of CDL driver's license, insurance including liability/workman's compensation and proof of alcohol and controlled substances testing program under the Federal Highway Administration's rule. It is the owner's responsibility to immediately send any changes in driver's, to the City Purchasing department, and include the required above documentation. Non-compliance could be terms of contract cancellation.