HomeMy WebLinkAboutSCOTT 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 JSERVICES 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 Keith Scott Doing Business As Scott Trucking , hereinafter referred
to as "Service Provider"
WITNESSETH
In consideration of the mutual covenants and obligations herein expressed, of 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 forts 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
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 $/HR
TRACTOR/TRL _
$
TRUCKS —
$
TANDEM'D_—
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 2 CeY T IC-f) ,�—
Are you a -eo�Coorrporation, Partnership, BA t LC, or PC
SIGNATURE N /e%- ,
PRINT
ffbAw
3.Sop
PHONE/FAX #
5
"`I" . a
'M
ACORD,-� Z�+FI
if lC =.«:w. DATE MM DD YY,
)• :WPIRf',:1 Y!
�F 06/20/00
PRODUCER
THIS CERTIFICATE 1S ISSUED AS A MATTER OF INFORMATION
Flood & Peterson Insurance Inc
ONLY GHTS UPON THE CERTIFICATE
0CERT
211 FirSt StrPet
HOLOER.NTHIS FICANFERSOTERIDOES NOT AMEND
ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW.
Eaton, CO 80615
COMPANIES AFFORDING COVERAGE_
970-454-3381
_
COMPANY
AProgress>_ve Companies
INSURED
COMPANY
KExTH SCOTT
B
3500 REAGAN COURT
--
WELLINGTON, CO 80549
COMPANY
J
Fax to Cynthia ® 970-221-62,39
COMPANY
COVERAGAt
THIS IS rO 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 HEROIN 13 SUBJECT TO ALL THE TERMS,
EXCLUSIONS AND CONDITIONS OF SUCH POLICIES LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS _—
_
TYPE Of INSURANCE POUG UNITS
POLICY POLICY COLxR
POLICY NUMBER PATE IMhVDCAN) OATl B&MIDD/Yn
GENERAL
LIABILITY
GENERAL AUGREGATF,
II
CO_MMFRCUL CENEAKL UMIOLITY
PRCOIICTS CI)MPIOP AOG_
$
ICLAIMSMAOE FJOCCUR
PERSO"&ADV INJURY
S
OWNER I A CONTRACTOR S PROT
EACH U(X IIRRFNCE
S_— _
FINE DAMAGE( — one llm)
S
MCD CXP (Any USE pens,j
S
A
ADYOMOBILELIABILITY
CA044719540
05 11 00
05/11/01
COMOINFD SINGLE LIMIT
$500, 000
ANY AUTO
ALL OWNED AUTOS
BODILY INJURY
S
%
SCREOULED AUT08
(PrrMaoe)
^_
HIREDAUTOS
Boon Y INJURY
S
NONdWNCDAUTOS
(P2 ecddent)
_
--�
PROPtR1YoAMAOE
S
OARACELIABILITY
AU rO ONLY FA ACCIDENT
5
ANYAUTO
OTIIFR HAN AUTO ONLY
--. --
FACH ACCIDENT
S
_---
AGGREGATE
$
EXCESSLIABILITY
EACH OLLURRENCE_
S
UMBRFI LA FORM
AGC,RBGArF
OTHER THAN UMBRELLA PORM
S
WORKERS COMPENSATION AND
_ [BIAIUrCRYIIMITO
.,
CMPLOYERY LIABILITY
EACH ACCIUE14T
THE PROPRIETOR/ INCL
DIICASF PULILY LIMIT
S
PARTNtHS/EXECUTNEOFFICERS
ARE EXCL
DIbKASC CACHEMPLOYEE
S
A
OTHER
CA044719540
OS 11 00
OS 11 01
PHYSICAL DAMAGE
$1,000 FIRE & THEFT
$2,500 COLLISION
DESCRIPTION OF OPIRATIONSfLOCAnONMENICLE&BPECUIL ITEMS
RE: 1987 INTERNATIONAL 9370 DUMPTRUCK #084419
The City of Ft. Collins is listed as Additional Insured where their
interest may appear.
--.
'CERTIFECAT9HOLDEk ,' .. . ... ...... .... •- ..-'•CA,�'1CkCL'd�fON:I"
. .. „
SHOULD ANY OF THE ABOVE DESCRIBED POUCICS BE CANCELLED BEFORE THE
City of Ft. Collins
EXPIRATION DATE THEREOP, THE ISSUING COMPANY WILL ENDEAVOR rO MAIL
Attu: Purchasing Dept
10 DAYS WWTTIN NOTICE TO THECERARCATE HOLDER NAMED TO THE LEFT,
PO Box SAD
BUT FAILURE TO MAIL SUCH NOTICE SHALL IMPOSE NO ORLIOATION OR LIABILITY
Ft Collins, CO 80522
OF ANY KIND UPON THE COMPANY, ITS AGENr9 OR REPRESENTATMES
ALITHDI LIED RIFRISINTATIVE
`"
_ -
ACORD 25-t loa o1 'f - • '� $ - $(" jY1' -1
_6
n O 4CORO CORPORATION 4M
ZO d OTO'DN OS 6 00,OZ Nnf
ZSZS-vSv QI N01H3 313d/1200l3
s
June 20, 2000
Jim O'Neill, Director of Purchasing & Risk Management
City of Fort Collins
P O Box 580
Fort Collins, CO 80522-0580
Dear Mr O'Neill
Re Workers' Compensation/Scott Trucking
We are aware that we do not have Workers' Compensation insurance as we are
not required by law to have it We also understand that we are taking on the risk
ourselves
Sincerely,
FA I
Keith Scott
Owner
Benjamin Scott
Owner
June 20, 2000
Jim O'Neill, Director of Purchasing & Risk Management
City of Fort Collins
P O Box 580
Fort Collins, CO 80522-0580
Dear Mr O'Neill
Re Workers' Compensation/Scott Trucking
We are aware that we do not have Workers' Compensation insurance as we are
not required by law to have it We also understand that we are taking on the risk
ourselves
Sincerely,
�I
I - - � Wo
Keith Scott
Owner
Benjamin Scott
Owner
_J E
ACVRD. —�CERTv "
„ „- _ DATE IMMffi / )
FC Vie "�,;w
Y 06/20/00
PRDDucIiR
THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION
Flood & Peterson Insurance Inc
ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE
211 First Street
HOLDER. THIS CERTIFICATE DOES NOT AMEND, EXTEND OR
ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW.
Eaton, CO 80615
COMPANIES AFFORDING COVERAGE
970-454-3381
COMPANY
APro ressive Companies
RE MNO
KEITH SCOTT
COMPANY -- _
g
3500 REAGAN COURT
—'
WELLINGTON, CO 80549
COMPANY
C
^
Fax to Cynthia ® 970-221-6239
COMD NY
COVERAGES
~LISTED
THIS IS FO CERTIFY THAT THE POLICIES OF INSURANCE 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 HEROIN 13 SUBJECT TO ALL THE TERMS,
EXCLUSIONS AND CONDITIONS OF SUCH POLICIES LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS
CO TYPE OF INSURANCE POLICY NUMBER
LTR
POUCYEFFECTIVE POUCYEXPIRAYION! LIMITS
DATE(MM/DDWY) DATE MMOD/YY)
GENERAL
UABIUTY
GENERAL AUUREGATF
f
COMMFRCIAL CENERAL LlI1ABILITY
PROOIICTS COMP/OP AGO
is
S
1CLAIMS MADE I rJ OCCUR
PERSONAI 8 ADV INJURY
_
OWNER1 S CONTRACTORS PROT
EACH UL( IIRRFNCE
-
S
^
HIKE DAMAGE(AAY P 1110)
S --
MCOGXP(Awoap"n )
b
A
AUTOMOBILE
LIABILITY
CA044719540
05 11 OO
_
05/11/01
COMOINFnSINCLELIMIT
$500, 000
ANY AUTO
ALL OWNED AUTOS
BODILY INJURY
S
i
SLHEOULEDAUTOS
(PnP mj
HYPED AUTOS
00011 Y INJURY
S
NON-0WNCD AUTOS
IPn,acddlnN
- -
PROPER I Y DAMAGE
$
GARAGE UAEIUTY
AUTO ONLY FA ACCIDENT
ANY AUTO
nT IF_R I NAN AUTO ONLY _
_
FACH ACCIDENT
f_
AGGREGATE
S
EXCESSUA011)"
_
FALH OLLURR6NC_F.
$
UMORFI IA FORM
AGGRUCA f_F_
OTHER THAN UMBRELLA FORM
$
WORKERS CO
COMPENSATION AND
I S(AlUTORYLIMITS
EMPLOYER!' LIABILITY
_
EACH A_CCIU[NT
-v
THE PROPRIETOR/ INCL
DISG$F-PULILY LIMIT
f
PARTNEHSR:xScUTIVE
- —'
-- -
OFFICERSARE EXCL
UIJEA]C_ TACHEMPLOYEE
A
OTHER
CA044719540
05 11 00
OS 11 O1
_$
PHYSICAL DAMAGE
$1,000 FIRE & THEFT
$2,500 COLLISION
DESCRIPTION OF OPEMTIONE/LOCATIOWNEIECLEB(EPECIAL TIEMB
RE: 1987 INTERNATIONAL 9370 DUMPTRUCK #084419
The City of Ft. Collins is listed as
Additional Insured where their
interest may appear.
CERTIFICATE HOLOdk „, '. . , , x
QANQELLAY#4N "
SHOULD ANY OF THE ABOVE UWCRIBEO POUCIEB BE CANCELLED BEFORE We
City of Ft. Collins
EXPIRATION DATE THEREOF, THE ISSUING COMPANY WILL ENDEAVOR TO MAIL
Attnt Purchasing Dept
10_ DAYS WRITTEN NOTICE TO THE CER ARCATE HOLDER NAMED TO THE LEFT,
PO Box 580
BUT FAILURE TO AWL SUCH NOTICE SHALL IMPOSE NO OBLIGATION OR UABIUTY
Ft Collins, CO 80522
OF ANY KIND UPON WE COMPANY ITS AGENTS OR ITEPR[B[NTATIV[s
AUTHGFUEED REPRESENTATIVE
Flood .0. �e s�A, -r su sa -" , -Zna'
ACORD i6•S (3,01 of 7• S 6 61' "
1 LQ 0 ACORD CORPORATION 1"3
ZO'd OTO ON OS 6 OO,OZ Nnr ZSZ£-bSb'III N01H3 313d/(10013
4 •,
a
t
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, 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
Scots Trucking
3500 Reagan Ct
Wellington, CO 80549
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
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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 for any 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 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 Warianty
(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
SA 10/97
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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 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
SA 10/97
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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 1:1) 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 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
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5
CITY OF FORT COLLINS, COLORADO
a municipal corporation
By
Jam B 'Neill II, CPPO
Direc of Purchasing and Risk Management
Date/, 312'D0,',
Keith Scott Doing Business As
Scott Trucking D
By l -
cjP
PRINT NAME
SA 10/97
7
SCOPE OF WORK
EXHIBIT A
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
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 Deriver - 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
FW:cuar■:3
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