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HomeMy WebLinkAboutHEIDEN TRUCKING - CONTRACT - BID - 5491 HAULINGTHIS f THE CITY OF "City" and Hei In con'. and between 1 with the scop incorporated t 2 in full force an at the option exceed one (1 both parties a Planning and mailed no late 3 by unforeseeal party so prevei the extent that notice to the C SERVICES AGREEMENT EMENT made and entered into the day and year set forth below by and between RT COLLINS, COLORADO, a Municipal Corporation, hereinafter referred to as the Trucking, LLC, hereinafter referred to as "Service Provider" WITNESSETH ration of the mutual covenants and obligations herein expressed, it is agreed by parties hereto as follows The Service Provider agrees to provide services in accordance of services attached hereto as Exhibit "A", consisting of two (2) pages, and by this reference This Agreement shall commence June 1, 2003, and shall continue effect until April 1, 2004, unless sooner terminated as herein provided In addition, the City, the Agreement may be extended for additional one year periods not to one year period Pricing changes shall be negotiated by and agreed to by may not exceed the Denver - Boulder CPI-U as published by the Colorado State Office Written notice of renewal shall be provided to the Service Provider and than ninety (90) days prior to contract end If either party is prevented in whole or in part from performing its obligations causes beyond its reasonable control and without its fault or negligence, then the d shall be excused from whatever performance is prevented by such cause To e performance is actually prevented, the Service Provider must provide written of such condition within fifteen (15) days from the onset of such condition 4 EarlvT 6y_rl Notwithstanding the time periods contained herein, IN, M EXHIBIT C BID SCHEDULE #5491 You may attach a separate page with an equipment list Please include Firm name on it EQUIPMENT YR MAKE MODEL CU YDS HP $/HR TRACTOR/TRL $ TRUCKS _ $ $ TANDEM DUMP TRUCKS pm*, 31 I Z $ Lf s 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 FIRMNAME I14E��OE7M 1-C(C Are you a Corporation, Partnership, DBA, LLC, or PC SIGNATURE ^q— , 1 PRINT NAME �/�� A tkTor'T3 ADDRESS i3q, cS�C12A^�C E (0 yo6yg PHONE/FAX #1 q % O' S65, J�q7 5 241 the City may termination to this Agreement at any time without cause by providing written notice of 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 City City of Fort Col Stan Welsch P O Box 580 Ft Collins, CO In the event of to the date of resses Streets Dept Service Provider Heiden Trucking, LLC PC Box 134 Severance, CO 80546 Phone 970-568-3947 Cell 970-567-7510 termination by the City, the Service Provider shall be paid for services rendered n, subject only to the satisfactcry 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 as stated in the Bid Schedule, cost breakdown is attached as Exhibit "C", consisting of one (2) pages, 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 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 SA 10/97 7 77 R, hereunder for other purpose 8 the special at payment of FICA, Workmen's Compensation or other taxes or benefits or for any It is understood that the City enters into the Agreement based on 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 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 11 element of this terms of this a SA 10197 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 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 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 Each and every term and condition hereof shall be deemed to be a material In the event either party should fail or refuse to perform according to the such party may be declared in default thereof M 12 shall be allow remains unco damages, (b) In the event a party has been declared in default, such defaulting party a period of ten (10) days within which to cure said default In the event the default the party declaring default may elect to (a) terminate the Agreement and seek 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'i 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 , 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, suds, claims, demands or liability of any character whatsoever brought or asserted for injuries to or death of any person lor 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 attached commencing SA 10/97 type and with the limits specified within Exhibit B, consisting of one (1) pages, and incorporated herein by this reference The Service Provider before :rvices hereunder, shall deliver to the City's Director of Purchasing and Risk M Management, 2 15 N Mason, Second Floor, Fort Collins Colorado 80524 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, Agreement sF holding shall r SA 10/97 execution and enforcement of this Agreement In the event any provision of this II be held invalid or unenforceable by any court of competent jurisdiction, such t invalidate or render unenforceable any other provision of this Agreement 10 CITY OF FORT COLLINS, COLORADO a municipal corporation By ti �' - �, nit �Jjfl Jame B 'Neill II, CPPO, FNIGP Direct6r,6f Purchasing and Risk Management Date to Heiden Trucking, LLC By_ U u . PRINT NAME SA 10/97 11 EXHIBIT A 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 Phone contact with a company representative, qualified to dispatch equipment, must be available atall times The City Representative will try to schedule night/weekend work in l advance, if possible 2 The eiguipment and the driver shall be used primarily to haul asphalt from various asphalt plants to the fob site as directed by the City Representative Material from the fob site may also be hauled to various other fob 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 requiremerits 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 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 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 damagie 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 At n0ime 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 ion fob 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 fob 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 0 E 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 three (3) 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 o1 renewal shall be provided to the Service Provider and mailed no later than 90 days prior to contract end 13 The City does not intend to award to one vendor, but will issue multiple awards The Service Pr designated hei shall furnish th effective dates "The insurance days written no In case of the and maintain, deduct the co: under this Agr on the Service of work perfor Insurance I_1 3 Wo this insura combs In the any li 6yr[i i1�i7 EXHIBIT B INSURANCE REQUIREMENTS viderwill provide, from insurance companies acceptable to the City, the insurance coverage inafter and pay all costs Before commencing work under this bid, the Service Provider City with certificates of insurance showing the type, amount, class of operations covered, and date of expiration of policies, and containing substantially the following statement" enced by this Certificate will not be cancelled or materially altered, except afterten (10) has been received by the City of Fort Collins " each of any provision of the Insurance Requirements, the City, at its option, may take out the expense of the Service Provider, such insurance as the City may deem proper and may )f such insurance from any monies which may be due or become due the Service Provider ment The City, its officers, agents and employees shall be named as additional insureds rovider's general liability and autorobile liability insurance policies for any claims arising out Dd under this Agreement es shall be as follows Compensation & Employer's Liability The Service Provider shall maintain during the life of :ment for all of the Service Provider's employees engaged in work performed under this rs' Compensation insurance with statutory limits as required by Colorado law ployer's Liability insurance with limits of $100,000 per accident, $500,000 disease regate, and $100,000 disease each employee cial General & Vehicle Liability The Service Provider shall maintain during the life of this !nt such commercial general liability and automobile liability insurance as will provide for damage claims of personal injury, including accidental death, as well as for claims for damage, which may arise directly or indirectly from the performance of work under this nt Coverage for property damage shall be on a "broad form" basis The amount of for each coverage, Commercial General and Vehicle, shall not be less than $500,000 J single limits for bodily injury and property damage mt anywork is performed by a subcontractor, the Service Provider shall be responsible for ity directly or indirectly arising out of the work performed under this Agreement by a 3ctoi, which liability is not covered by the subcontractor's insurance