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HomeMy WebLinkAboutDEGROOT TRUCKING - 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 JHAULING 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 DeGroot Trucking Inc , 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 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 June 1, 2001, and shall continue in full force and effect until April 1, 2002, 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 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 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 SA 10/97 DeGroot Trucking Inc EXHIBIT C M P O Box 600 Wellington Co 80549 Name / Address City of Ft Collins Date Bid 6M2001 1051 Description Per Hour Tandom Truck rate for the City of Fort Collms from De Groot Truckmg Inc Donny DeCrroot Phone 970-568-7840 Cell 970-566-3274 Total 4800 w 00 D nden Bartels &Noe Agency -PC ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE Fort Collins HOLDER. THIS CERTIFICATE DOES NOT AMEND, EKIEND OR 2900 South College Ave Ste. 2A ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. Fort Collins 00 80525 Phou®s970-229-9304 Paxs970-229-1398 INSURERS AFFORDING COVERAGE WSUREIN6 CCIA/Plimaccl Assurance Dona d TruC ing, Inc. INSURER MW Insurance C Dona Box 600 ompNxniea P Wellington 00 80549 ��D' I INSURER COVERAGES THE POLICIES OF INSURANCE LISTED BELOW NAVE BEEN 9=0 TO THE INSURED NAAEDA00VE FOR THE POLICY PERIOD INDICATED NOTWITHSTANDING ANY REQUIREMENT. TERM OR CONDITION OF ANY CONTRACT OROTHER DOCUMENT WITH RESPECT TO WHIGHTHIS CERiIICATEMAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TOALLTHE TERNS, MICLUSIONS AND CONDRiONSOF SUCH POLICES. AGGREGATE LIMITS SHOWN MAY HAVE BEEN REDUCED B(PAMCLAMS LTR TYPE OF INSURANCE POIICTRUMOER PDOMAMMELILTE I UMRS C GENERAL LIABILITY $ CEAEERCIALGENEPALLMILITY CLAMS MADE ®OCCUR BnWNR 06/23/01 06/23/02 EACH OCCURRENCE x 1, 000, 000 Fmw&AGEtan fte) x50,000 MED EIP(AM ere Pl ) $5,000 PERSONAL6ADVINIDRY _ 31,000,000 GENERALAGGREGATE $2,000,000 GEMLAGGREGATE LOUT APPLES PER 17 POLICY PRO- LOC PRODUCTS-COMP/OP AGG $2,000,000 A AUTOMMILRUABUM AM A M ALL OWNED AUTOS SamxxmAuTOs HIRED AUTOS NON-OWMEDAUTOS Cargo $10,000 THT277682 06/23/01 06/23/02 COMBINED SINGLELBBT (Ee wddm f) x 1, tltltl,000 $ SOMLY NAM OwPww) s LV% Y DUURY S x PROPERTYDANAGE (PW awwaw) x GARAGE LIABB.ITY ANYAUTO AUTO ONLY -FA ACCIDENT S OTHERTHAN EA ACC AUTO ONLY; ADD S S EICRBS UABXITY OCCUR CLAIMS MADE DEDUCTIBLE RETENTION S EACH OCCURRENCE S AGGREGATE S 5 S S S VYpION IFIENSCOMPENSATAND F�LOraRs•uneaJtY 3508990 07/01/01 07/01/02 $ 70RY LDdtTS ER F-L EACH AL.'CIDENT $100, 000 E.L DISEASE -EA EMPLOYEE $100,000 E.L DISEASE -POLICY LOW $500,000 OTwm DESCRIPTION OF ADM BY ELDORSEYENTISPSCMLPROV=O!xS CERTIFICATE HOLDER I N ( ADDITIONAL I SUREDI INSURER LETTER CANCELLATION SHOULD ANY OF THEABOVB DESCR®ED POLICIES BE CANCELLED BEFORE THE E MIRATOM DATE THEREOF, THE ISSUING INSURER WILL ENDEAVOR TO MAIL. 10 DAYSWW7TEN NOTICE TOTHE CERTIFICATE HOLDER NAMEDTOTHE L.EPT, BUT FAB.URBTO DO 00 SNALI. IMPOSE NO OBLIGATION OR LIABILOYOFANY KIND UPON THE PNSURER. ITS AGENTS OR 1 111 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 Streets Dept Bruce Juelfs P O Box 580 Fort Collins, CO 80522 Service Provider DeGroot Trucking Inc P O Box 600 Wellington, CO 80549 PH 970-568-7840, Cell 566-3274 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) pages, and incorporated herein by this reference 6 Q v 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 SA 10/97 2 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 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 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 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 YQlRil E 11 D— fe ault 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 R�medies In the event a party has been declared in default, such defaulting party shall be allowed a period often (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 l ding_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 ,n performing the work hereunder to prevent injury to persons and property SA 10/97 4 H 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 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 LawLaw/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 5 CITY OF FORT COLLINS, COLORADO a municipal corporation By ek James BO'Neill II, CPPO Director of Purchasing and Risk Management Date 711 Z / e DeGroot/Trucking Inc BY 211Y� _ PRINT NPE CORPORATE PRESIDENT OR VICE PRESIDENT Date ATTEST (Corporate Seal) CORPORATE SECRETARY SA 10/97 6 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 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 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 r . 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 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 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