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HomeMy WebLinkAboutLANDTECK SPECIALITIES - CONTRACT - BID - 5263 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 referred to as the "City" and Landtek Specialties, LLC, 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 Sccoe 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, 1999, and shall continue in full force and effect until March 31, 2000, 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 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 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 SA 10/97 1 EXHIBIT D YEAR 2000 COMPLIANCE CERTIFICATION AND INDEMNITY Section 1 Contractor hereby certifies that all information resources or systems to be provided or used in connection with the performance of this Agreement are "Year 2000 Compliant", except as otherwise expressly described in Section 2, below "Year 2000 Compliant" shall mean that information resources meet the following criteria a Data structures (e g , databases, data files) provide 4-digit date century recognition For example, "1996" provides date century recognition, "96" does not b Stored data contains date century recognition, including (but not limited to) data stored in databases and hardware/device internal system dates c Calculations and programs logic accommodate both same century and multi - century formulas and date values Calculations and logic include (but are not limited to) sort algorithms, calendar generation, event recognition, and all processing actions that use or produce date values d Interfaces (to and from other systems or organizations) prevent non -compliant dates and data from entering any state system e User interfaces (i e , screens, reports, etc ) accurately show 4 digit years f Year 2000 is correctly treated as a leap year within all calculation and calendar logic Section 2 Contractor agrees to notify the City immediately of any information resources or systems that are not Year 2000 Compliant upon encountering the same in connection with the performance of the Agreement, including without limitation any information resources or systems in use by Contractor in the performance of the Agreement or information resources or systems of the City regarding which Contractor obtains information in the course of its performance of the Agreement Section 3 Contractor agrees to permit examination, by the City or agents thereof, of any and all information resources and systems in use in connection with this Agreement, and related Year 2000 Compliance implementation plans, in order to evaluate Year 2000 Compliance and potential implications of the same for the City and for performance of the Agreement Section 4 The Contractor shall indemnify and hold harmless the City, and its officers, agents and employees, from and against all claims, damages, losses, and expenses, including attorneys fees, arising out of or resulting from the Contractor's information resources or systems that are not Year 2000 Compliant ACCRD CERTIFICATE OF LIABILI I Y INSU NU CSR RT'M1 I 11/30/9r9 PRODUCER THIS CERTIFICATE IWUED AS A MATTER OF INFORMATION ONLY AND CONFERS O RIGHTS UPON THE CERTIFICATE The Linden Cc of Northern Co HOLDER THIS CERTIFICATE DOES NOT AMEND, EXTEND OR 2900 South College Avenue-#2A ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW Fort Collins CO 80525 Phone 970-229-9304 Fax 970-229-1398 INSURERS AFFORDING COVERAGE Landtek Specialties LLC Larry Oft 419 E Douglas Road Fort Collins CO 80524 r.0V FRAI;FS INSURER Maryland Casualty Co/Zurich INSURER B INSURER C INSURER D THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT 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 AGGREGATE LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS INSR1 LTR TYPE OF INSURANCE POLICY NUMBER POLICY EFFECTIVE DATE MWDD POLICY h771T9TMN DATE MM/DD/YV LIMITS A GENERAL LIABILITY X COMMERCIAL GENERAL LIABILITY CLAIMSMADEOCCUR BINDER 11/29/99 11/29/00 EACH OCCURRENCE S 500000 FIRE DAMAGE (Any cne fire) $ 300000 MED EXP (Any one person) $10000 PERSONAL &ADV INJURY S 500000 GENERAL AGGREGATE S 1000000 GEN L AGGREGATE LIMIT APPLIES PER POLICY jEpT n LOC PRODUCTS - COMP/CP AGG $ 1000000 A AUTOMOBILE LIABILITY ANY AUTO ALL OWNED AUTOS SCHEDULED AUTOS HIRED AUTOS NONOWNED AUTOS BINDER 11/29/99 11/29/00 COMBINED SINGLE LIMIT (Ea accident) $ 500000 X BODILY INJURY (Per person) $ BODILY INJURY (Per accident) $ PROPERTY DAMAGE (Per accdent) $ GARAGE LIABILITY ANY AUTO AUTO ONLY-EAACCIDENT $ OTHER THAN EAACC AUTO ONLY AGG IS $ EXCESS LIABILITY OCCUR CLAIMSMADE DEDUCTIBLE RETENTION $ EACH OCCURRENCE S AGGREGATE $ $ $ WORKERS COMPENSATION AND EMPLOYERS LIABILITY TORY LIMITS I ER EL EACH ACCIDENT $ EL DISEASE - EA EMPLOYEE $ EL DISEASE -POLICY LIMIT 1 $ OTHER DESCRIPTION OF OPERATIONSILOCATIONSNEHICLES/EXCLUSIONS ADDED BY ENOORSEMENT/SPECIAL PROVISIONS , Certificate Holder is included as an Additional Insured as respects liability arising out of the operations of the Named Insured CERTIFICATE HOLDER N I ADDITIONAL INSURED, INSURER LETTER A CANCELLATION FTCOL01 SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF THE ISSUING INSURER WILL ENDEAVOR TO MAIL 30 DAYS WRITTEN NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE LEFT, BUT FAILURE TO DO SO SHALL City of Ft Collins IMPOSE NO OBLIGATION OR LIABILITY OF ANY KIND UPON UPON THE INSURER ITS AGENTS OR PO BOX 580 REPRESENTATIVES �. ` Ft Collins CO 80522-0580 AUTHORIZED REPRESENTATIVE oddrec 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, Purchasing 256 W Mountain Ave Ft Collins, CO 80522 Service Provider Landtek Specialties, LLC 419 E Douglas Rd Ft Collins, CO 80524 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 ,hall 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 Indee>endent 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 SA 10/97 8 Personal Services It is understood that the City enters into the Agreement based on 2 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 Warr,anty (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 SA 10/97 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 aganst 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 10/97 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 Jams B 'Neill, II, CPPO Direc of Purchasing and Risk Management Date % / ./ �Z 4J Landtek Specialties, LLC a�2�i. o' TITLE (owner, sident of corp , etc ) Date SA 10/97 EXHIBIT A SCOPE OF SERVICES 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 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 lob site as directed by the City Representative Material from the lob site may also be hauled to various other lob sites, or dump sites located around the City, as directed by the City Representative Other City departments may use this bid for hauling 3 All Drivers must have a valid CDL license, and be qualified to operate the equipment 4 All equipment must comply with all DOT, CDL, and any other local/State/Federal requirements Trucks must be equipped with an effective load covering tarp and asphalt apron (asphalt lip) 5 All work shall be done in a professional, SAFE, courteous and efficient manner The driver shall exercise the utmost courtesy to other drivers and pedestrians 6 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 7 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 8 At no time whatsoever shall the driver be considered or become a City employee 9 The City will not guarantee hours Vendors will be used on an as -needed basis, depending on lob site, availability and type of equipment 10 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 lob site (not from the time of notification), and will end after the last load is unloaded 11 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 12 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 90 days prior to contract end Y" 13 The City does not intend to award to one vendor, but will issue multiple awards 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 Workers' Compensation insurance with statutory limits as required by Colorado law 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 10/97 EXHIBIT C Service B Landtek Specialties, LLC 419 E Douglas Rd. Fort Collins, CO 80524 970/482-6065 Customer Service Hourly fee City of FortCollins Hauling 1600 --�'Lar3R7roft, n- an ger La k Specialties, LLC