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Home My WebLink AboutCLEARSTONE - 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 Je 0 SERVICES 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 Clearstone Trucking, 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 Scooe 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 May 1, 2003, and shall continue in full force and effect until April 1, 2004, 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 one (1) additional one year period 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 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, SA 10197 0 MAY 05 20OZ 09 53 FIR Q TO 2' 07 P 01/01 dL R IBBVE DATE (MM'OD/YY) fs _ 2003 PRODUCER THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS ADCO General Corporation NO RIGHTS UPON THE CERTIFICATE HOLDER THIS CERTIFICATE DOES NOT AMEND, P 0 Box 40009 EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW Denver, CO 80204 COMPANIES AFFORDING COVERAGE NLN COMPANY A INTERSTATE INDEhZT17Y COMPANY LETTER COMPANY s LETTER INSURED COMPANY c DAVID MC CORMICK, OR LETTER COMPANY D LETTER 15805 N CO RD 25E LOVEL,AND, CO 8053E COMPANY E LETTER • , •�"z. us,c NNt4' i'_4I ° '1: »1Pd', +,v THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSUREDNAMEDABOVE 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 CONDb TIONS OF SUCH POLICIES L TYPE OF INSURANCE POLICY NUMBER POLICY EFFECTIVE POLICY EXPIRATION ALL LIMITS IN THOUSANDS DATE(MMIo01YY) OATE(MMIDDVYI GENERAL LIABILITY GENERAL AGGREGATE $ PROWCTS�-OMPOPS AGDREGATE $ COMMERCIAL GENERAL LIABILITY CLAIMS MADE [] OCCURRENCE PERSONAL 6 AWERTISINO INJURY $ EACH OCCURRENCE OWNER S a CONTRACTURE PROTECTIVE RRE DAMAGE (ANY ONE FIRE) $ MEDICAL EXPENSE (ANY ONE PERSON) $ AU70MOBILL LIABILITY ANY AUTO 2A6114426 05(16/2002 05(16/2003 GSL $ 1,000,000 ? BODILY t ALL OWNED AUTOS A X SOHEDULEDAUTOB NJURY (PEP PERSON) $ HIREDAUTOS BODLY MJUA000ILY NON -OWNED AUTOS )PEP ACCIDf:NTI $ , PROPERTY GARAGE LABILITY DAMAGE $ EXCESS LABILITY EACIi AGGREGATE OCCURRENCE ON $ 1 $ OTHER THAN UMBRELLA FORM WORKERS'COMPENSATION STATUTORY AND $ (EACH ACCIDENT) EMPLOYERS' LIABILITY $ (DISEASE POLICY LIMIT) $ (DISEASE EACH EMPLOYEE) OTHER A 6A6114426 05(16/2002 03/16/2003 PHYS DAM DESCRIPTION OF OPERATIONS/LDCATIONSNEHICLESIRESTRICTIONSISPECIAL ITEMS � 0 M ) m. 'x:.i>$i"I'it'r-"k'+ i1A g` � I � 'f�^.S7 ;:gyp `a s"9"�`; 1e.L y5i•-, -,.''. wk. r City Of FOYt Collins i7 SHOULD ANY OF THE ABOVE DESCRIBED POL IDES BE CANCELLED BEFORE THE EX - Purchasing Div PIRATION DATE THEREOF, THE ISSUING COMPANY WILL ENDEAVOR TO Attn: John Stephan MAIL 10 DAYS WRITTEN NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE LEFT, BUT FAILURE TO MAIL SUCH NOTICE SHALL IMPOSE NO OBLIGATION OR P 0 BOX S8O LIABILITY OF ANY KIND UPON THE COMPANY, ITS AGENTS OR REPRESENTATIVES Pt. Collins, CO 80522 AUTHORIZED REPRESENTATIV FAX: 221-6707 12 r c 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 — $ 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 NAME 0/t?Q/Z�/J�2(% Are/you a Corporation, Partnership, / DIBA, LLC, or PC SIGNATURE n� r PRINT NAME ADDRESS PHONE/FAX # 9291Y •-� TO 2207 P 01/01 MAY 05 2003 09.53 FIR •. �• I : • - ,x.=� (- e i I ISSUE DATE (MMVDOIYYI A n PRODUCER THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS ADCO General Corporation NO R*HTS UPON THE CERTIFICATE HOLDER THIS CERTIFICATE DOES NOT AMEND, P,0 BOX 4DO07 EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW Denver, CO 80204 COMPANIES AFFORDING COVERAGE Mua COMPANY A INTERSTATE INDEMNITY COMPANY LETTER COMPANY B LETTER INSURED COMPANY C DAVID MC COP-MICK, JR LETTER 15805 N CO RD 25E COMPANY D LETTER L LETTER LOVELAND, CO 80538 COMPANY E LETTER t i ,in um & wrowwwww'Arm`k 777 THIS IS TO CERTIFY THAT 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 CONOI TIONS OF SUCH POLICIES CO L TYPE OF INSURANCE POLICY NUMBER POLICY EFFECTIVE POUCY EXPIRATION ALL LIMITS IN THOUSANDS DATE(MNND/'(YI DATE(MWOO1YYI GENERAL LIABILITY GENERAL AGGREGATE $ PRODUCTS-CWWOPS AGGREGATE $ COMMERCIAL, GENERAL LIABILITY CWMS MADE ❑OCCURRENCE PERSONAL& ADVERTISING INJURY $ EACH OCCURRENCE $ OWNERS& CONTRACTORS PROTECTIVE FIRE DAMAGE (ANY ONE FIRE) $ MEDICAL EXPENSE(ANY ONE PERSON) $ AUTOMOBILE LIARIUTY ANY AUTO OSL $1, 000, 000 2A6114426 05/16/2002 05/16/2003 BODILY ALL OWNED AUTOS , A X SCHEDULED AUTOS INJURY IPER PERSON) $ d HIREDAUTOS GO INJURY RY NON OWNED AUTOS ACCIDENT) $ PROPERTY I' GARAGE LIABILITY DAMAGE $", , Excess LIABILITY EACH AGGREGATE OCCURRCNCE $ $ OTHER THAN UMBRELLA FORM , WORKERS'COMPENSATION STATUTORY AND $ (EACH ACCIDENT) EMPLOYERS' UABILITY $ (DISEASE- POLICY LIMIT) $ (OISEASE•EACH EMPLOYEE) OTHER A DA6114426 05/16/2002 03/16/2003 PAYS IIAM DESCRIPTION OF OPERATIONS/LOCATIONSMHnLESIRESTRICTION&SPECIAL ITEMS IMAMIZIM Iona City Of Fort Collins OF THE ABOVE DESCRIBED POLICIES BE CANCELLED 13EFORE THE EX- Furchasing Div DATE THEREOF, THE ISSUING COMPANY WILL ENDEAVOR TO Attn: John Stephan DAYS WRITTEN NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE FAILURE TO MAIL SUCH NOTICE SHALL IMPOSE NO OBLIGATION OR ],ETATIVIPW BoxCol580 P 0 Box S80 NY KIND UP ON THE COMPANY, ITS AGENTS OR REPRESENTATIVES Ft. CO H0522 D REPRESENTA7IV FA%: 221�-6707 _ - 'I um ** THTRI PGrF Al ** 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 Streets Dept Stan Welsch P O Box 580 Fort Collins, CO 80522 Service Provider Clearstone Trucking 15805 NCR 25E Loveland, CO 80538 Phone # 970-223-9018 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 as stated in the Bid Schedule, cost breakdown is attached as Exhibit "C", consisting of one (1) 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 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 forany SA 10/97 III 04 Yalb 0 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 Provides 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 (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 alter 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 SA 10/97 IN 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) pages, attached hereto and incorporated herein by this reference The Service Provider before cornmencing services hereunder, shall deliver to the City's Director of Purchasing and Risk Management, 215 N Mason, Second Floor, Fort Collins, Colorado 80524 one copy of a certificate SA 10/97 9 E 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 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 SA 10/97 CITY OF FORT COLLINS, COLORADO a municipal corporation By J e O'Neill II, CPPO, FN)GF' ire or of Purchasing and Risk Management Date 2 0 3 Clearstone Trucking By PRINT NAME Date S ` 03 10 Y 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 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 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 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 job 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 job 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 19 EF 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 Providerwill 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 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 69Ji[i1121M • 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 $ $ $ TANDEMpipfLQQ_ 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 FIRM NAME Are you a Corporation, Partnership, / D13A, LLC, or PC / SIGNATURE L/G/ /;/W( 1/`L/GLC -r PRINT NAME l n4sJ/c/ %%l 1200yej f c C'(C ADDRESS /SL OS WC2 c�S PHONE/FAX#