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HomeMy WebLinkAboutFETZER 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 F—C i-7c �(- —I,- ,C k,-A ,�, 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 Deli 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'iperformance is actually prevented, the Service Provider must provide written SA t 0/97 6 PL ..�E REMOVE THESE CARDS BY CUTTING ON POTTED LINES --------------------------------------------------------------------------------------------------------------- AUTOMOBILE INSURANCE IDENTIFICATION CARD THIS CARD MUST BE CARRIED IN THE INSURED MOTOR VEHICLE SHELTER GENERAL INSURANCE COMPANY 1-800-SHELTER 1817 W. BROADWAY COLUMBIA NO 65218-0001 AGENT. DONALD W. WATERS LUTH 970-484-7505 POLICY NO 05-1-C-4521503-2 BI/PD 501 100/ 50 EFFECTIVE DATE 11-17-2001 EXPIRATION DATE 02-17-2002 1917 KENWO DUMP TRUCK`Fnj,TM" VIN 1553775 'R 'k; i e 1, MATT FETZER""" 18690 COUNTY ROAD 76 EATON CO BD615-9019 AUTOMOBILE INSURANCE IDENTIFICATION CARD LHIS CARD MUST BE CARRIED IN THE INSURED MOTOR VEHICLE SHELTER GENERAL INSURANCE COMPANY 1-800-SHELTER 1817 W BROADWAY COLUMBIA NO. 65218-0001 AGENT' DONALD W WATERS LUTCO 970-484-7505 POLICY NO 05-1-C-4521503-2 BI/PD• 50/ 100/ 50 EFFECTIVE DATE 11-17-2001 EXPIRATION DATE 02-17-2002 1977 KENWO DUMP TRUCK '�___VIN 1553775 '_ NS ,- 18690 MATT FETZER " COUNTY ROADD76 EATON EA70N CO 80615-9019 -------------------------------------------------------------------------------------------------------------- KEEP ONE CARD IN YOUR MOTOR VEHICLE AND CARRY THE OTHER CARD WITH YOU Lol or Raw, ,, CERTIFICATE INSURANCE Name & Address To Whom Issued LATON SHIPPING P AX- 970-454-3541 SHELTER UAL INSURANCE COMPANY 7 UAL COMPANY SHFI TPR GENERAL INSURANCE COMPANY A STOCK COMPANY Name & Address of the insured MAT FETZER 18690 COUNTY RD 96 EATON CO 80615 I his is to certify that insurance policies as indicated below by policy numbet have been Issued Company Type Of Insurance Policy Number Expiration Date Limits of LrahtOty, Shelter Gt ro al Liability mutual N Premises&Operations 05-31-4521503-1 12/14/01 500,000 Per Ooeurrence 1,000000 Aggregate* ❑ Pmduergcouipleted Ope ut ons Provided' Products/Completed Operations For (Describe) NYes ❑ No *The Limns of Liability for any indicated General Liability pohr.y am the ]units at the time the policy P rssued The aggregate hoot i%, and other limas may be, reduced by the amount of etmm payments Shelter General Garngc Liabrbly Single Lima BI Per Person BI Per AODldent I PD Per Accident Sheller Automobile ❑ Mutual ❑ All Owned or Leased Autos Single Limit ❑ Scheduled Antos Shelia ❑ Haed Autos BI Per Person ❑ General ❑ Non -Owned Autos DI Pet Accident I PD Per Accident Shelter Apartment Owner) ❑ Mutual Rental Dwelhng Per DCCORCnee Sheller ❑ Mutual Business Per Occurrenco Shchor Mutual Cargo-Sohcdulcd Auto/Traders I Pu Vetrnlc; Shoher ❑ Mutual Sheltet General Year Model VLHICLE(S) Trade Name Moroi Serial No (Last 5 Digits) This Cerufreate of Insurance neaher affirmatively nor negatively amends, alters or extends the covernge afforded by the policy Date Thursday, November 08, 2001 By— Authorved Representative M 51 24-M 1817 WEST BROADWAY • COLUMBIA, MISSOURI • 65218 • (573)445-8441 I'd ITBbbBi,OL6 SNI 213113HS ebS=00 TO 80 ADN 1 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 4=c�z�✓ �..,,ckrn � �c•fcsv. �� �6i'7(/S 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 _ (_) pages, 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 SA 10/97 rA 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 Warranty SA 10197 (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 9 3 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 fad 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 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 Inclemnity/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 M 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 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 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 10 CITY OF FORT COLLINS, COLORADO a municipal corporation Jamo B O'Nei I II, CPPO Dire V f Purchasing and Risk Management Date [Insert Corporation's name] or [Insert Partnership name] or [Insert individual's name] Doing business as [insert name of business] <<fLe✓'T2ccc,��.nr� BY PRINT NAME JZA CORPORATE PRESIDENT OR V E PRESIDENT Date / (— -' b 1 ATTEST (Corporate Sea]) CORPORATE SECRETARY SA 10/97 11 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 6 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 foi 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 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 lability and automobile liability insurance policies for any claims arising out of work performed under this Agreement 2 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 10197 12