The URL can be used to link to this page

Home My WebLink About102829 DON KEHN 102511 LAFARGE 109445 CONNELL - CONTRACT - BID - 5697 ASPHALT SUPPLY ANNUAL (3)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 Connell Resources, 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. Scooe of Services. The Service Provider agrees to provide services in accordance with the scope of services attached hereto as Exhibit "A", consisting of three (3) pages, and incorporated herein by this reference. 2. Contract Period. This Agreement shall commence upon signing, and shall continue in full force and effect until May 1, 2003, 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 four (4) 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. 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 1 SA 10/01 'd�y EXHIBIT "C" The City, and authorized government agents, and their representatives shall at all times be provided safe access to the Contractors asphalt plant; and the Contractor shall provide facilities for such access and for inspection. BID SCHEDULE FOR BID #5697 2002 CITY OF FORT COLLINS ASPHALT SUPPLY CONTRACT ITEM ITEM ESTMATED UNIT NO. DESCRIPTION QUANTITY PRICE 403.20 HBP Grading SX 3,000 Ton $ Do per Ton 403.30 HBP Grading S 24,000 Ton $ ZJ�g' per Ton 403.40 HBP Grading SG 63,000 Ton $ Z3'—a per Ton Firm Name C/Q�dS �/✓G :' //(Are you a corporation, DBA, Partnership, LLC, PC) S)gnature %��i PRINTED NAMEk i,, .—rA;..,,,tf Title Address 43oS '!5� f�" &Z -WS 1 GD B105ze Phone/Fax _�970 ► ZZX-3/5'l I(197�) ZZ3 -311) 11 Atw�Loz, A v '05-113-02 14:57 FLOOD 8 PETF'RSON ID=970-2668715 Client#: vzI - CO M CERTIFICATE OF LIABILITY INSURANCE I uc rrO MrATP IC maven AS A I Flood & Peterson Insurance 4821 Wheaton Drive P O Box 270370 Fort Collins, CO 80527 — INSURED Connell Resources, Inc. 4305 E. Harmony Road Fort Collins, CO 80528-9527 P02/02 DATE (MIODNY) 5/13/02 I ric I ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. INSURERS AFFORDING COVERAGE —r SURERS INBUREF A. Zuich US INAmerican International_ Companies INSURER C I.P1nndC01 AssurancLe NS,, IRER D'.. WYCHAI THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REOUIREMENT, 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 CONDITIONS OF SUCH POLICIES. AGGREGATE LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. LIMITS R A -- TYPE OF INSURANCE POLICY NUMBER POCKEEEEEE� / TIYE DATE (WILD OLICY�XP11I Y1ON ATE MY A GENEPALLIABILIT CON95B46870 06/01/01 06/01/02 EACH OCCURRENCE Sl, 000-000 }(_COM M ERCUIL GENERAL LIAS IL ITV FIRE DAMAGE IM_yanA UNI f3OO,000.— � CLAIMS MADE X I OCCUR MEO EXP (My w& penoP) f 1�00 Q 0 _ X �EL Dec:25O PERSONAL A ADV INJURY f1 000, 000 — GENERAL AGGREGATE f 1 OOO `00 - IIG�ENIL AGGREGATE LIMITAPPLIES PER: PRODUCTS COMPIDP AGG .. —..... . 112,000, -GOO ' A jLOC POLICY X PRO AUTOMOBILEUABIUTY CON9S846912 06/61/01 06/01/02 COMBINED LIMIT al, 000, 000 ANY AUTO ISINGLE — Ir�XJI TALL OWNED AUTOS BODILYIm) S jl IPPI�M�I SCHEDULED AUTOS -- IHIRED AUTOS li BODILY INJURY (Par xClMm) S NON -OWNED AUTOS XIDrive Other Car PROPERTY DAMAGE �S 1 -- (PN M4611) GARAGE LIABILITY AUTO ONLY - EA ACCIDENT S _,-- ANY AUTO OTHER THAN EA ACC i AUTO ONLY AGO f B EXCESS LIABILITY BE8715415 06/01/01 06/01/02 EACH OCCURRENCE - $3,000,_000 �XI OCCUR EjCtAIMS MADE AGGREGATE—f3JO0 O�000, 1 DEDUCTIBLE I f - S --- --- X PETENTION SlO I OOO f C WORKERS COMPENSATION AND I EMPLOYERS' LABILTY 4029651 06/01/01 06/01/02 oErAH 1 X LWORYSTOAS . ..l _ -- 00..-0 ELEACH ACCI I--_- E_-_ — EL. DIA• EA EMPL DYEEtS00,OOO- EL DISEASE -POLICYUMIT 1 S500, 000 OTHER DESCRIPTION OF OPEMTION&LOCATIONSMEHICLESIERCLUS10NS ADDEO BY ENDORSEMENT(SI ECIAL PROVISIONS RE: CRI# 2025001 - 2002 Asphalt Supply contract Certificate holder is named as additional. insured, but only as respects liability arising out of work performed by the named insured (Excluding Workers, Compensation). City of Fort Collins PO Box 580 Fort Collins, CO 80522-0580 LO ANYOF THE ABOVE DESCRIBED POLICIESBE CANCELLED BEFORE THE EXPIRATION THEREOF. THE ISSUING INSURER WILL ENDEAVOR TOM UL 3.D___ DAYS WRITTEN E TOTHf CERTIFICATE HOLDER NAM ED TOTHE LEFT, BUT FAILURE TODD SOSHALL ;ENO OBLIGATION OR LIABILITY OF ANY KIND UPON THE INSURER,ITS AGENTS OR TV O 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, Purchasing P.O. Box 580 Fort Collins, CO 80522 Attn: John Stephen Service Provider: Connell Resources, Inc. 4305 E. Harmony Road Fort Collins, CO 80528 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, according to Option Cost Breakdown which is attached as Exhibit "C". 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 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 2 SA 10/O1 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. 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 SA 10/01 3 goY 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 thenon-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) page, 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, P. O. Box 580, Fort Collins, Colorado 80522 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. SA 10/01 4 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. ATTEST: SW. -- CORPORATE SECRETARY Sheri L. UJA Assa- - c-.-�,etv a4Aary CITY OF FORT COLLINS, COLORADO a municipal corporation pp,� /� By: ' - lcG.f' �k John W Fischbach City Manager By: Ja es . O'Neill II, CPPO, FNIGP Dir of Purchasing and Risk Management Date: Resources, Inc. PRESIDENT OR VICE PRESIDENT Date: Mav Ib, aDba- (Corpo ate Sea[) SA 10/01 EXHIBIT "A" SPECIFICATIONS Section 403 of the Colorado Department of Transportation Design Criteria Standard Specifications is hereby revised as follows: Subsection 403.01 is revised to include the following: This work shall consist of supplying HBP to the City of Fort Collins. This material shall be picked up by The City of Fort Collins at the suppliers plant site. The materiel shall include Grading SX, Grading S, and Grading SG Hot Bituminous Pavement, according to the current Colorado Department of Transportation Design Criteria and the Larimer County Urban Area Street Standards or as specified hear -in. Subsection 403.02 is revised to include the following Laboratory Mix Design - SHRP Mix, Grading SX, Grading S, and Grading SG - The mix design shall be prepared by an independent laboratory acceptable to the Engineer. The criteria for the mix design is as follows: Designed according to most recent set of SUPERPAVE Specifications available at the time A laboratory mix design shall be determined by the Contractor and submitted to the Engineer for approval a minimum of five working days prior to supplying materiel to the City. The Contractor shall provide the Engineer with a report from an independent testing laboratory acceptable to the Engineer. The report shall state the Superpave properties, optimum oil content, job mix formula and recommended mixing and placing temperatures. The costs for all laboratory mix design shall be the responsibility of the Contractor. Following laboratory mix design approval verification of mix properties will be performed by an independent laboratory on plant -produced mix and approved by the Local Entity. This verification is to be performed on or before the first day of production for The City of Fort Collins To maintain production mix design approval verification of mix properties shall be performed by an independent laboratory on plant -produced mix and approved by The City of Fort Collins every 10,000-ton of mix produced. Mix design verification shall be provided to confirm properties indicated in the following chart: �v Mix Verification Tests and Tolerances for Hot Mix Asphalt Asphalt Cement Content +/- 0.30% Temperature of Mixture When Dischar ed from Mixer +/- 10 C Voids in Mineral Aggregate VMA) +/- 1.2% Air Voids (Va) +/- 1.2% Lottman min. 80 Rice Value +/- .010 HOT MIX ASPHALT GRADATION 2 Passing the 3/8" and larger sieves +/- 6% z Passina the No. 4 and No. 8 sieves 1 +/- 5% s Passin the No. 30 sieve +/- 4% z Passing the No. 200 sieve +/- 2% When 100% passing is designated, there shall be no tolerance. When 90-100% passing is designated, 90% shall be minimum; no tolerance shall be used. 2 These tolerances apply to the contractor's Quality Control Testing^ F� tllx Dios If the Contractor uses more than three (3) laboratory mix designs for a type of plant mix pavement used, the City may charge the Contractor for testing and evaluation of the mix Z designs, including the costs for calibration. Requests made in writing by the Contractor for the Engineer will consider changes in the laboratory mix design . Subsection 403.05 shall include the following: Payment will be made under: Pay Item Pay Unit 403.20 HBP Grading SX Ton 403.30 HBP Grading S Ton 403.40 HBP Grading SG Ton The above prices and payments shall include full compensation for furnishing all labor, materials, tools, equipment, and incidentals, and for doing all the work involved in providing Hot Bituminous materials, complete, as specified in these specifications, and as directed by the Engineer. The awarded Contractor(s) must supply asphalt as requested by the City departments on demand, when a 12 hour notic%is given. This applies to pickups Monday through Saturday and occasionally at night.F City crews shall not be kept waiting for loading of asphalt for a period longer than fifteen (15) minutes and should alternate when loading if Contractors trucks are waiting. The transportation adjustment factor will consider tons/mile to compensate for shipping costs associated with asphalt plants located outside the Fort Collins city limits. The City may require testing of the work, including materials, products, processes and equipment. The costs for tests not required elsewhere by these specifications shall be paid by the City where such tests show compliance with the Contract Documents; otherwise the costs shall be paid by the Contractor. Any products, materials and equipment condemned or rejected by the City or it's authorized inspector because of nonconformity with the Contract Documents may be removed or reduced in price as provided in the Standard Specifications. Any costs to remove and replace non -conforming materials, shall be borne by the Contractor. The City, and authorized government agents, and their representatives shall at all times be provided safe access to the Contractors asphalt plant; and the Contractor shall provide facilities for such access and for inspection. DN A 4qw Py 4to 64:W & . WkAMOX P6'�7/TP/N6, /Y, " _ C ats V&J? .-5 A48 W"`� 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: 1. 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 10/01 *67-