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HomeMy WebLinkAboutSHRADER OIL COMPANY - CONTRACT - BID - 5363 PROPANE FUEL SUPPLIERAMk SERVICES AGREEMENT PROPANE FUEL SUPPLIER 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 SCHRADER PROPANE, 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. Scope of Services The Service Provider agrees to provide propane fuel 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 26, 1999, and shall continue in full force and effect until December 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 four (4) additional one year periods Pricing changes shall be negotiated by and agreed to by both parties Written notice of renewal will be provided to the Service Provider and mailed no later than thirty (30) 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 the following addresses City: City of Fort Collins Purchasing PO Box 580 Fort Collins, CO 80521 Service Provider: Schrader Propane, LLC 320 N College Ave Fort Collins, CO 80524 SA 7/93 1 APR-26-99 09:50 AM CARTER INSURANCE AGENCY 303 972 0072 P . 01 ACORD MIDDLE 1 I CERTIFICA Q .LABILITY lNS�URA ' 04 DATE ;MMO ,4 _ ,T' ) THIS CER7IFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER, "HIS CERTIFICATE DOES NOT AMEND, EXIEND OR ,`Ilk' 1 Jt f NS[1RANC'F AGENCY ALTER THI:_COVERAGE AFFORDED BY THE POLICIES BELOW - SMITE #220 COMPANIES AFFORDING COVERAGE f I1 1I1 8017 1 COMPANY FAX' 972-0072 A COMPANY HIIAPEP 011, COMPANY B HPAPHP PPOPANE ;OMPANY HO{ ,195 C MID CENTURY INSURANCE "1 OfiLINS, CO 80i (OMPANY D COVEH4ffS ---- _� — -—�---�---- - --- I HI' I, 'I- CLF, II " rHAT THE POLICIES OF INSURANCE L151ED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POI IC, PERIOD daft+ I f P NCI I VJI I HSIANDING ANY REQUIREMENT TERM OR CONDITION OF ANY CONTRACT OR OTHEN DOCUMENT WITH RFSPECT TO WHIP 11 iw9 ' EM 'I' (A IL MAY BF ISSUI D OH MAY PERTAIN, THE IN51.1 RANGE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL TIH IFHM, XI I Y )N', AN[) ( ONDHHUNS OF SUCH POLICIES LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS WE OI NS TRANCE POLICY NUMBER POLICY EFFECTIVE POLICY FNPIRATION� LIMITS lIN DATE (MMIDDNY) DATE (MM/DD/YV) (ANE In1 IIANIII Y 'y II(1, 11NIJTr IIARR11Y' rV' Mri 10((UiII ,,I I I' A I (IN I JIM h)R S PI10 ( Ai AO Ali f , r , !%I E ��IARllill 11I JAI UM RI ILAI OHM NOEII1 NS COMPI NSATION AND EMIL JOIN IIAE1111Y I( ,,, IIN(L N0408-07-30 P r A; I, GENERAL AGC,RE(,A II S I I PRODUCT; COMPI]I'AI,G $ PERSONAL B ADV INJI IRY $ EACH OCCLIRRL NCI $ F IRE DAMAGE (Any ono lire) I $ M F D EXP(Anv one oar on) $ LUMBINEU SINGLE I IMIT 1 S BODILY IN ILIRY $ (Per person) BODILY IN AIRY $ (Per au Ioen') PROPERTY DAMAGE S AUTO ON[ Y EA ACCIDI,NI I S I o1r'EH n wN nuro oNL r j EALII ACCI )ENT E AGGRE ..A iE S E�,URRLNCI S AGGREGATE E WCSTATU OIFI X IOJ4I7 IrS E R FI FACHACCIOINI $It)( ((II' 10-01-98 10-01-99 ELOISEAGF PonC( IMT 'EFUC, 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 a. $_ 00 per gallon of delivered propane fuel, as a delivery charge, and b $_ 08 per gallon of delivered propane fuel, as a markup over Service Provider's cost for such fuel c For 1999, the maximum cost of delivered propane fuel $ 535 per gallon d. From May 1, 1999 through October 1, 1999, propane fuel shall be delivered at a fixed cost of $ 385 per gallon 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 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 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 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 SA 7/93 2 731 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 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 representations not contained in this Agreement shall not be binding on the parties 16. Law/Severabdity 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 SA 7/93 3 z 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, COOLORADO By a� John Fischba h, City Manager By Jame B O'Neill II, CPPO Director of Purchasing & Risk Management DATE id 7 4i 0 City Clerk d ¢ O; APPROVED A 3,QF0f1 Carrie Mineart-Daggett, Ass sfant-City Attorney SCHR DER PROP NE, LLCM By s !/ i Perry W chrader, Manager Date SA 7/93 2 Exhibit A. Scope of Work Fuel Delivery Locations Primary locations for fuel delivery are Transfort, 6570 Fortner Road and Fleet Services, 835 Wood Street, both in Fort Collins Other locations may be added upon the approval of both parties Tanks Both sites are to be equipped, at a minimum, with 1000 gallon tanks The Service Provider may use larger tanks, if desired, and vertical tanks are acceptable Transfort and the Fleet Services Shop will each need one tank with a single dispenser Tanks must be in place and operating properly within two(2) weeks of award Ongoing maintenance of tanks and dispensing equipment is the responsibility of the Service Provider Note The City uses an automated fuel reporting system made by Trak Engineering Co The system requires an electrical or mechanical 10 1 pulser Maintenance of the Trak equipment is not the responsibility of the Service Provider Drivers No more than two drivers shall be assigned to deliver fuel to the City It shall be the Service Provider's responsibility to ensure that all drivers are properly trained and familiar with tank locations, quantities, etc Deliveries Fuel deliveries must be made on a regular schedule Shipments must arrive at specified destinations between the hours of 8 00 A.M. and 3.30pm for the City of Fort Collins A City representative shall be present for all fuel deliveries It is the driver's responsibility to inform the City representative that he is ready to unload Requests for scheduled weekend/holiday deliveries shall be accommodated by the Service Provider It is imperative that neither site run out of propane fuel Emergencies The Service Provider must be able to provide after hours service in the event of an emergency (i a fire, main break, power outage, etc ) If there is an emergency, the Service Provider must be able to deliver propane fuel within two hours after notification Repair Response Time The Service Provider must be able to respond to a fuel system leak or equipment failure within thirty (30) minutes of receiving a report of such leak or failure Fuel Supply Any potential problems in supplying fuel must be brought to the attention of the Purchasing Division IMMEDIATELY Non -availability of fuel will allow the City to obtain fuel an alternate source Problem Resolution In the event of service or delivery problems which are not resolved via telephone contact with the Vendor, the City's Representative will notify the Vendor in writing and schedule a meeting to resolve the situation The Vendor representative and the City Representative shall agree on a SA 7/93 qW r course of action and the Vendor will have one calendar month to remedy the problems If such problems are not remedied, the City may cancel the Agreement with no penalty Invoices The Service Provider, on all invoices, shall specify the quantity of fuel delivered and the Service Provider's cost of fuel, along with the Service Provider's mark-up and delivery charge Invoices must be furnished exclusive of any Federal Excise Tax and State and Local Taxes The City will need invoices faxed to Fleet Services within two calendar days and an original invoice mailed to the City within five calendar days after the fuel has been delivered The Service Provider must, when requested, also supply proof of fuel costs in a form acceptable to the City Representative All City invoices shall be sent to City of Fort Collins Accounting Department, PO Box 580, Ft Collins, CO 80522 Fax invoice to City of Fort Collins - Fleet Services 970-221-6857 All deliveries are priced F O B , Destination, freight allowed Any percentage discount allowed for prompt payment shall be noted on invoices Whenever possible, payment will be made to conform to this discount SA 7/93 M 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 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 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 7/93 A MARCH & LILEY, P C ATTORNEYS AND COUNSELORS AT LAW 110 E OAK STREET SUITE 200 ARTHUR E MARCH, JR FORT COLLINS COLORADO 80524 2880 LUCIAA LILEY 1970) 482 4322 J BRADFORD MARCH Fax 19701 482 5719 April 22, 1999 Jim Hume City of Fort Collins 256 West Mountain Avenue Fort Collins, CO 80521 Re: Schrader Propane Dear Mr Hume ARTHUR E MARCH 1908 1981 VIA FACSIMILE (221-6707) and FIRST CLASS MAIL Our office serves as general counsel for Schrader Oil Co Propane, LLC, which has a trade name authorizing it to do business as Schrader Propane, LLC Schrader Propane is a wholly -owned subsidiary of Schrader Oil Co Schrader Oil Co serves as the sole manager of Schrader Propane As manager, Schrader Oil Co has signature authority for Schrader Propane All Schrader Oil Co officers have signatory authority to act for the corporation Perry Schrader is a vice president of Schrader Oil Co and has the ability to sign on behalf of the corporation The contracts which were forwarded to the City of Fort Collins in conjunction with Schrader Propane's agreement to provide propane have been properly signed by Perry Schrader as vice president of Schrader Oil Co , which signed as the manager of Schrader Propane If this letter is not adequate to address any questions or concerns you may have, please do not hesitate to contact me Sincerely yours, MARCH & LILEY", P C J Brad March JBM lhm cc Scott Hartman, Schrader Oil Co F \W PCU9M\SCHRADERWROPANE\CFC HUME 422 DATE IMM ND, YYI ACORD,,, CERTIFICA-* OF LIABILITY INSURA ' E DATE _ -_,10 , '11000 l 1 THIS CERTIFICATE I ISSUED AS A MATTER OF INFORMATION ONLY ANSI CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER, -HIS CERTIFICATE DOES NOT AMEND, EXPEND OR Ij k INSURANCE AGENCY ALTER THI:_COVERAGE AFFORDED BY THE POLICIES BELOW 'I E 1';1Wl? - SMITE 4220 COMPANIES AFFORDING COVERAGE T� J 8 O i% j I C OMPANY I i I'00 FAX 972-0072 A INSIINI Il ( OMPANY HIIAIIRR OP., COMPANY B lllyAPHI_ PROPANE COMPANY { '1915 C MID CENTURY INSURANCE, 1 I ' OIJANS, CO 80522 COMPANY D— - ---- - COVERAGES F"' I I 'I- CLh' P - fHAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE F OR THE POI IC', PERIOD I14DI I. 1 U NC I WI I HSTANUING ANY REQUIREMENT TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RFSPECT TO WIII( H Nil^, ' Eh ' I' ( A I L III RF ISSUED OH MAY PERTAIN, THE INSURANCE AFFORDED BY THE POL ICIES DESCRIBED HEREIN IS SUBJEC T TO Al_: THI tHAA'T I A, I d )W, AND I,ONOITIUNS OF SUCH POLICIES LIMITS SHOWN MAY HAVE BEEN REDU,,ED BY PAID CLAIMS I POLICYEFFECTIVE POLICY EXPIRATION YPE Or HS INANCE POLICY NUMBER LIMITS LiN � DATE (MMIDDlY1� DATE (MM1DD/YY) Stet.Irl nnxniv--.___--I-- GENEPAL AGGREOP I I S 1 Y III In I.I Nf PIA I IARILJY A M' IAAPI OCC UI I j I I AI W, I ILA( IOR', PRO i E1I19117) IILF LIAIIIIIIY PRODUCTI COMP,)1'A(,G $ PERSONAL BAOV INJI IR', $ EACH OCCURIILNG E FIRE DAMAGE (Any 6m1 hle) 5 Al EXP (Any one P •rknn) $ COMBINED SINGLE IIMIT 1 S KL` t I ll l 1. BODILY IN IURY S (Per pe,san) Ill "It ' BODILY IN IURY $ (Per acl (dent) V ^ I WIN, f A 110, PnOPERTY DAMAGE 5 1 AUTOONLY FAAO;IUEIJI IS GAIAo1 MIERII r n I I OTHL,i TI TAN AUTO ONLY EACH ACCIDENT S AGGRE SATE S I EACH DCGURRLNCI S 1XI E IANIUII AGGREGATE S I IFPI I b Ili 1np lLtillffll IIAfOf{M ---- - --- — — - - -- - wcsrnru ol�l X � LIMITS H I WUHFIR`,COMPI NSATION AND EMIL III ITS IUIRIIIY ,'UHY FI FACHACCIDFNr 1 $1I)( ( III ' 'III 01. N0408-07-30 10-01-98 10-01-99 ELDISEASE PnII(I IMT SSUC CU' INIA JII ,I}tI nb El Olcf ASE FA EMPI OYf E 5� I) C , (, ( �� n ( All, _ (III FIT N'Sf RIPIIU Iu (3Pf RATIONS/IOOATIONSVEHICLESISPECIAL ITEMS I rl ( I I I 0 701 CFRTIF ICATE HOLDER "i'i I)t, E'ORI III- 'I'AS1NG I. On CANCELLATION ----- SHOULD AN` OF THE ABOVE DESCRIBED POLICIES Rh EANCEELFD B[tORE RIF COLLINS EXPIRATION DATE THEREOF THE ISSUING COMPANY WILL ENDEAVOR TO MAIL 3 0 DAYS WRITTEN NOTICE TO THE CERTIFI('ATE HOLDER NAMED 11, THE EFr BUT FAILuRI TO MAIL SUCH NOTICE SHALL IMPOSE NO OBLIGATION (IN LIARII M