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Home My WebLink AboutELMER TEH PEBBLE HAULTER - CONTRACT - BID - 5491 HAULING A AND B ALARIDS ASHLAND BIVENS CHUCK HOFFMAN CLEARSTONE DEGROOT E AND LL FULLER J D KERBS ENTERPRISES MICHAEL SCOTT STILO T AND JC THIS ) to as SERVICES AGREEMENT GREEMENT made and entered into the day and year set CITY OF FORT COLLINS, COLORADfO, as Municipal Corl ie "City" and�� hereinafter rE below by and lion, hereinafter Dd to as "Service WITNESSETH In consideration of the mutual covenants and obligations herein expressed, it is agreed by d between the parties hereto as follows 1 Sco e of Services The Service Provider agrees to provide services in accordance th the scopi of services attached hereto as Exhibit 'W', consisting of two (2) pages, and :orporated herein by this reference 2 Contract Period This Agreement shall commence April 15, 2000, and shall continue full force and effect until April 1, 2001, unless sooner terminated as herein provided In addition, the option if the City, the Agreement may be extended for additional one yoar periods not to ceed three (3) additional one year periods Pricing changes shall be negotiated by and agreed by both partlies and may not exceed the Denver - Boulder CPI-U as publisheli by the Colorado ate Planning and Budget Office Written notice of renewal shall be provided to the Service ovider 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 unforeseeable causes beyond its reasonable control and without its fault or negligence, then the arty so prevented shall be excused from whatever performance is prevented by such cause To a extent that the performance is actually prevented, the Service Provider must provide written A 10/97 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 cq ids 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. FIRM N SIGNA" PRINT ADDRE PHONE/FAX # - 2 f7 5 AI UHU ail:K I I C Uf- LIAUILI I Y INSUKAN(Ag -_-'^ WTOII 03/15/00 Sruckets' Equity Agency, Inc Nab y L Belleville P O Box 741090 Arvada CO 90006-1090 Phone•303-430-5725 Fax•303-430-7698 Elmer The Pebble Hauler Elmer DeWitt P.O.Box 435 Laporte CO 80535 ONLY AND CONFER RIGHTS UPON THE CERTIFICATE HOLDER T141S CERTIFTCATE DOES NOT AMEND, EXTEND OR ALTER THE COVERAGE AF FORDED BY THE POLICIES BELOW INSURERS AFFORDING COVERAGE INSURERA _Wilshire Insurance_ C_om__pany INSURER B INSURER C INSURER B__—_—_— INSURER E THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO n1E INSURED NAMED ABOVE FOR TIIF POLICY PERIOD INDICATED NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACTOR OTHER DOCUMENT VAT" RESPECT TO WHICH T1419 CERTIFICATE MAYBE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED SY JHF POLICIES DESCRIBED HEREIN Is SUB IECT TO ALL THE TERMS EXCLUSIONS AND CONDInONS OF SVCH POLICIES AGGREGATE LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS ILiSq TYPE OF INSURANCE POLICY NUMBER 10'FIE(YLUGMD," TFGLIC7EKn"Tra" LIMIT —"-- - OATE(MM/OD/YY DATE MMIOpIW LIMITS GENERAL LIABILITY EACH OCCURRFNCE f COMMERCIAL GENERAL LIABILITY FIRE DAMAGE (Any one fire) S �I CLAIMS MADE ❑ OCCUR NED EXP (Any one Person) S PERSONAL 3 AOV INJURY f GENERAL AGGREGATE f GEN L AGGREGATE LIMIT APPLIES PER PRODUCTS COMPIOP AGO S POLICY PRO- __ LOC JECT AUTOMOBILE LIABILITY COMBINEDSINGLEOMIT s1,000,000 A ANY AUTO DA2485626 03/25/130 03/25/01 Ee ncHenl ALL OWNED AUTOS BODILY INJURY f X SCHEDULED A0T09 (Par Pes°") NIRED AUTOS BODILY INJURY NON OWNED AUTOS MOB/LE LABBPROP PROPER" pAMAGF (Per PER" f GARAGE LIABILITY AUTO ONLY EA ACCIDENT f -- ANY AUTO Your Drug -Free Work Place Resource EA ACC --"_----- S — Cedtfied B A T OTHER THAN Drug Screening AUTO ONLY AGO S EXCESSLIABILITY EACH OCCURRENCE S _, OCCUR 1A CLAIMS MADE PO Box 932 Loveland, CO 80539-0932 AGGREGATE _ _ — _ It — s DEDUCTIBLE Jill Drager, R N Bus (970) 593-1228 __ RETENTION 1 Ken Keller Fax (970) 593-0121 WCHTATU. TORY LIMITS ER f WORKERS COMPENSATION AND EMPLOYERS LIABILITY EL EACH ACCIDENT E L DISEASE EA EMPLOYE S EL DISEASE POLICY LIMIT f DESCRIPTION OF OPERATIONSA.00ATIONSNEHICLES/EXCLUSIONS ADDED BY FNDORSFMENTISPECIAL PROVISIONS G t IS I I P H:A 1 t Tf U LU Ell IN I ADDITIONAL INSURtu, NismleH Lt 11 tH UAnl.Cl LA1TV" —ar NOHOLDR SHOULD ANY OF THE ABOVE DESCRIBED PO(lCIES RF CAMCRI ED 9EFORE THE FXPIRARDI DATE THCREOF, THE JVUING INSURFR "LL FNOFAVOR TO MAIL XX DAYS WRITTEN morrF TO TIIF cERnrICATF IIOI nER NAMFD TO TIIE LFFT BUT PNI URF TO DO SO SHALL XXX PROOF OF INSURANCE XXX IMP09F NO OBI IGATION OR LIABILITY Or ANY NINO UPON TIIE INSURFR ITS AGENTS OR i f AL _ , z _r,oj'7', v ACORD 25-S (7197) J 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 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 SIGN/ PRINT ADDR PHONE/FAX#_ 2],�7 ,RI 5 U 4 to ::e to the City of such condition within fifteen (15) days from the onset of suc 4 Early Termination by City/Notice Notwithstanding the time periods City may terminate this Agreement at any time without cause by providing imation to the Service Provider Such notice shall be delivered at least fiftee ie termination date contained in said notice unless otherwise agreed in wntu notices provided under this Agreement shall be effective when mailed, pos t to the following addresses City Service Provider of Fort Collins Streets Dept,�� Bruce Juelfs /'0. /> ,-"/ condition ntained herein, ritten notice of (15) days prior by the parties )e prepaid and P O Box 580 s�� os_; Fort Collins, CO 80522 f _ i7c In the event of early termination by the City, the Service Provider shall be plaid 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 per of this Contract, subte t to additions and deletions provided herein, the sum as stated in the Bid Schedule, co st breakdown is attached as Exhibit "C", consisting of ( ) pages, and incorporated herein by this referer 6 its representat d asions with this agreemer SA 10/97 amity Representative The City will designate, prior to comme ee who shall make, within the scope of his or her authority, all i -eference to the services provided under this agreement All shall be directed to the City Representative 7 of the work, i and proper concerning 7 Independent Service provider The services to be performed by those of an lindependent service provider and not of an employee of the City shall not be responsible for withholding any portion of Service for the payment of FICA, Workmen's Compensation or other taxes or purpose 8 Personal Services It is understood that the City enters into the the special abilities of the Service Provider and that this Agreement shall be for 'personal services Accordingly, the Service Provider shall bihties Inor delegate any duties arising under the Agreement without of the 9 Acce lance Not Waiver The City's approval or acceptance of, or services 'shall riot be construed to operate as a waiver of any rights or City under this Agreement or cause of action arising out of performance of 10 Service Provider warrants that all work performed performed with the highest degree of competence and with accepted standards for work of a similar nature ;rvice Provider of Fort Collins compensation refits or for any reement based nsidered as an ier assign any ie prior written rayment for any fits provided to s Agreement under shall be in accordance 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, labs provided under this Agreement, except City -furnished me and labor, against defects and nonconformances in des workmanship/workwomanship for a period beginning w work and ending twelve (12) months from and after final the Agreement, regardless whether the same were furnia by Service Provider or by any of its subcontractors of any of written notice from City of any such defect or none 10197 8 and other work, nals, equipment 'i, materials and the start of the ;ceptance under ed or performed er Upon receipt iformances, the 0 t tIl 11 of affected item or part thereof shall be redesigned, repa Service Provider in a manner and at a time ,acceptable Default Each and every term and condition hereof shall be Agreement In the event either party should fail or refuse to terms of this agreement, such party may be declared in default thereof 12 Remedies In the event a party has been declared in default, be allowed a period often (10) days within which to cure said default In ins uncorrected, the party declaring default may elect to (a) terminate the images, (b) treat the Agreement as continuing and require specific perforr mself of any other remedy at law or equity If the non -defaulting party co suitable actin ns against the defaulting party, the defaulting party shall be :faulting party for the non -defaulting party's reasonable attorney fees and cost the default 13 Bindrno Effect This writing, together with the exhibits hereto, reement beltween the parties and shall be binding upon said parties, their ents and assigns and shall inure to the benefit of the respective survr successors and assigns of said parties 14 Indemnity/Insurance a The Service Provider agrees to in -mless the (City, its officers, agents and employees against and from any an ims, demands or liability of any character whatsoever brought or asserted for any person or persons, or damages to property ansing out of, result fr< nnection with the performance of any service hereunder 10/97 E i or replaced by City to be a material according to i defaulting party event the default and seek or (c) avail es legal or to the non - incurred because the entire employees, , heirs, personal and save all actions, suits, to or death or occurring in U 11) b TI hereunder to c W1 shall provide Service Provider shall take all necessary precautions in performing the work revent injury to persons and property out limiting any of the Service Provider's obligations hereunder, the Service Provider id maintain insurance coverage naming the City as an additional Insured under this nt of the type and with the limits specified within Exhibit B, consisting of one (1) pages, hereto and incorporated herein by this reference The Service, Provider before ng 'services hereunder, shall deliver to the City's Director of P :nt, 256 West Mountain Avenue, Fort Collins, Colorado 80521 one :ing the insurance coverage required from an insurance company acce 15Entire Agreement This Agreement, along with all Exhibits anc , shall constitute the entire Agreement of the s not contained in this Agreement shall not be binding on the Law/Severabdity The laws of the State of Colorado shall go, execution and enforcement of this Agreement In the event all be held invalid or unenforceable by any court of compete shall not invalidate or render unenforceable any other provision of thi 17 Special Provisions Special provisions or conditions relating tc to this Agreement are set forth in Exhibit D, consisting and incorporated herein by this reference 10/97 10 :hasing and Risk )py of a certificate )table to the City other documents Covenants or rties n the construction y provision of this jurisdiction, such Agreement the services to be of one (1) page, CITY OF FORT COLLINS, COLORADO a municipal corporation Jam O'Neill II, CPPO Dire for f Purchasing and Risk Managem Date -0 V [Insert Corporation's name] or [Insert Partnership name] or [Insert individual's name]�� L� Doing business as _[insert name of By EL /yyJJf- PRINT NAME CORPORATE PRESIDENT OR VICE Date CORPORATE SECRETARY (Corporate Seal) 10/97 11 iness] EXHIBIT A E 3h11 CITY OF FORT COLLINS -:G•0-191 BID #5491 HAULING BID OPENING: APRIL 18 2000 3:00 p.m. Pour clock WE HEREBY ENTER OUR BID FOR THE CITY OF FORT COLLINS' REQUIREMENTS R HAULING PER THE BID INVITATION AND ANY REFERENCED SPECIFICATIONS SPECIAL INSTRUCTIONS The City is changing procedures for signing of the Service Agreement and acquiring the insurance certificate The Service Agreement that is included with the bid documents will become your contract Please sign it If any vendor wants a copy of their service agreement after the bid is awarded and signed by the City, please check below The City is requiring the following to be included with your bid 1) Copy o1 you insurance naming the City of Fort Collins as an additional insured 2) Your bid amount in the bid schedule This will become your Exhibit "C" in the Service Agreement 3) Please sign the Service Agreement and date it 4) All questions should be directed to John Stephen at (970) 221-6777 Please send my company a copy of the Service Agreement 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 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 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 tarpl and asphalt apron El (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 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 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 Flours 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 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 of 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 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 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 ansing out of the work performed under this Agreement by a subcontractor, which liability is not covered by the subcontractor's insurance SA 10/97 12