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HomeMy WebLinkAbout112307 E & LL 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 J (2)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 Brian K Fuller Doing Business as Fuller Landscaping 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 April 15, 2000, and shall continue in full force and effect until April 1, 2001, 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 1 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 TRACTOR/TRL TRUCKS TANDEM DUMP TRUCKS —_ -- -- $ TANDEM DUMP TRUCKS WITH PUP OTHER EQUIPT (LIST TYPE) 5l( LL(zoo z— 4S $ NS,cq 93 F35v 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 FvLLLA', LAwdscf LL�Le .Q K3 A Are you a Corporation, Partnership, DBA, LLC, or PC SIGNATURE. PRINT NAME 0(?(Aw (C F-ULL iC ADDRESS ( l Y Q rt UCH # ,= r co I I( c o 8osz y PHONE/FAX # 59 3 - Y 2 SZ 5 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 K �ot1 (LIST TYPE) 9!o01112VAR LL(Zoo z '/S $ I/S,co 93 FWjo F35o e NA $ So,00 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 FtJLLEJ�9- L,4vucQScgyo il�g Are you a Corporation, Partnership, DBA, LLC, or PC SIGNATURE. uo (C- PRINT NAME K32fAw iC F,Ut-cff2 ADDRESS l �/ /V 61 ve SpO0 UcF # D co t l .ti S c o 80S2'/ PHONE/FAX # S9 3 - Y _2 S2 4y R t k 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 (late 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 Fuller Landscaping Brian K Fuller 1414 Blue Spruce #D Ft Collins, CO 80524 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 "it 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 7 'E KI 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 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 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 SA 10197 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 shall be allowed a period often (10) days within which to cure said default In the event the default remains uncorrected, the parry 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 SA 10197 4 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 commencing services hereunder, shall deliver to the C:ity'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/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 17 Special Provisions Special provisions or conditions relating to the services to be performed pursuant to this Agreement are set forth in Exhibit D, consisting of one (1) page, attached hereto and incorporated herein by this referencE' SA 10/97 5 CITY OF FORT COLLINS, COLORADO a municipal corporation B r C�—� 0 Ja es O'Neill II, CPPO Dir or of Purchasing and Risk Management Date 5/ t% f 2-0 O 0 Brian K Fuller Doing business as Fuller Landscaping By&.tO� COW ^i£21 eRi 4w K �co / PRINT NAME SA 10/97 0jt;i'EXHIBIT A ;. CITY OF FORT COLLINS BID PROPOSAL BID #5491 HAULING BID OPENING APRIL 18, 2000, 3 00 p m (our clock) WE HEREBY ENTER OUR BID FOR THE CITY OF FORT COLLINS' REQUIREMENTS FOR HAULING PER THE BID INVITATION AND ANY REFERENCED SPECIFICATIONS ATTENTION: 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 of 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 rnust 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 -•...v.•v �_.•--•,. .... ..� .r. ....w..�.. . ..Yvv��r��YVL 04/24/2000 'RODUCER (g70�223-0924 ( 223-7438 Community First Insurance Agencie_ nc. ONLY AND CONFERS N TS UPON THE CERTIFICATE HOLDER THIS CER7IFIC a DOES NOT AMEND, EXTEND OR 1075 W Horsetooth Rd, Ste 100 ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW - Fort Collins, CO 80526 INSURERS AFFORDING COVERAGE -.Wt Fuller Lanascaping MSURERA CGU 1414 Blue Spruce, Unit D MSURERe pinnacol Assurance Fort Collins, CO 80SZ4 INSURER INSURER D NSURER E. THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE -OLICY PERIOD INDICATED NOTWTTHSTANDING ANY REQUIREMENT, TERM OR CONDI nON 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 SUBJECTTO ALL THE TERMS EXCLUSIONS AND CONDITIONS OF SUCH POLICIES, AGGREGATE LIMITS SHOVO4 MAY HAVE BEEN REDUCED BY PAID CLAIMS LTR TYPE OF INSURANCE POLICY NUMBER DATE(MMIDOA^!) DATE MMMDMT LIMITS GENERAL u,uttu TY DKZ-106948/00 04/24/2000 04/24/2001 EACHocCURRENCE S 500100 Y. COMMEPCIALGEIEALLNBILTIY FIREDAMGE(ANanefire) S 100,000 CLAIMS MADE a OCCUR IM EXP (Any we pn l S 5,000 PERSONAL&AWINJURY $ 500,000 A GENERAL AGGREGATE $ 1,000,000 GEN'L AGGREGATE LIMIT APPLIES PER POLICY ECT LOC PRO0UCT3-COMP/OPAGG S 11000,000 AMOMOMLE LIABILITY ANYAUTO COMBINED SINGLE LIMIT S ALL OW.TIED AUTOS SCHEDULEDAUTOS BODILY INJURY S HLP£0 AUTOS NON O'NNED AUTO$ BOD0.Y RLURY (PBT ameelrt) S PROPERTY DAMAGE (lAva=vInl) S GARAGE UAOILITY AUTOONLY-EAACCIUENT S ANYAUTO OTHERTHAN EA ACC S AUTO ONLY AGG S EXCBSS LWUILRY EACH OCCURRENCE S OCCUR El CLAIMS MADE AGGREGATE S S DEDUCTIBLE $ RETENTION S S B WORKERS COMPENSATION AND EMPLOYERS' UASfUTY 023686 09/18/1999 110/01/2000 X TORYLIM ER - EL EACH ACCIDENT S 100,000 EL DISEASE - EA EMPLOY $ 100,00 EL DISEASE -POLICY LIMB I S 500,00 O NER QESCAIPYION OF OPERATIONSILGCATONSNFItlCLESIfJ(CL 1 NS ADDED BY PIOOR-SEMI NTSPECLAL PRpYI$IDNS -7 City of Fort Collins Purchasing Department 256 W. Mountain Ave, P.O. Box 580 Fort Collins, CO 80522-0580 FAX: SHOULD ANY OF THE ABOVE DESCRIBED POLICIES Be CANCELLED BEFORE THE EWRATION DATE THEREOF THE ISSUING COMPANY WILL ENDEAVOR TO MAIL 10_ DAYS WRITTEN NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE LEFT BUT FAILURE TO MAIL SUCH NOTICE SHALL IMPOSE NO OBLIGATION OR LIABILITY OF ANY MND UPON TNECOMPANY nS AGENTS OR REPRESFNTATnrES,