HomeMy WebLinkAboutCORRESPONDENCE - BID - 5491 HAULING ASHLAND TRUCKING (4)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" andU�'-
C 16 A/G , 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. 031ay. 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
SA 10/97
6
CERTIFICATE OF INSURANCE
SUCH INSURANCE AS RESPECTS THE TEREST OF THE CERTIFICATE HOLDER LL NOT BE CANCELED OR OTHERWISE
TERMINATED WITHOUT GIVING 10 DAYS PRIOR WRITTEN NOTICE TO THE CERTIFICATE HOLDER NAMED BELOW, BUT IN NO
EVENT SHALL THIS CERTIFICATE BE VALID MORE THAN 30 DAYS FROM THE DATE WRITTEN. THIS CERTIFICATE OF INSURANCE
DOES NOT CHANGE THE COVERAGE PROVIDED BY ANY POLICY DESCRIBED BELOW.
This certifies that: �; STATE FARM MUTUAL AUTOMOBILE INSURANCE COMPANY of Bloomington, Illinois, or
_;—KSTATE FARM FIRE AND CASUALTY COMPANY of Bloomington, Illinois
has coverage in force for the 1911119wing Named inspired as shpwn below:
Named Insured
Address of Named
S27s37
POLICY NUMBER
EFFECTIVE DATE
OF POLICY
DESCRIPTION OF
VEHICLE
��
�'( s1G�
LIABILITY COVERAGE
�,j/j�YES 0 NO
2� `rES Q NO
n YES NO
YES NO _
LIWS OF LIABILITY
a. a oday InjuryEach Person
-OW evz)
_
Each Ac0dwl-
- _ G � n o L) --
~
b. Property Damage
Each Accident-
c. SOCIRY opt
Each Ao;ident
PHYSICAL DAMAGE
{ ? VE':S NC
Q YES
ED YES Q NO
YES NO
COVERAGES
a. Cehermive.
$ ..._... Deductible --
$ Oed
S_ Deductible
$ Deductible _
— L] VES NO
Q YES Q NO
Q YES Q NO
_ .
. _, --NC
b. Collision
S .. Oeduetibb
$ Deductible
$ „ Deductible
$ Deductible
EMPLOYER'S
NON -OWNERSHIP
Yr-: i_ ry0
= YES [:INO
0 YES O NO
r YES n NO
COVERAGE
__
---
HIRED CAR CO E
_ _ y
�- YLS L_ NO
Q YES NO
[� YES Q NO
Q YES NO
Signature of Authorized Representative
VVVV Name and Address of Certificate Holder
F-j
L
11tie
Agent's Code Number Date
Name and Address of Agent
�i
J L_
rrI=Q-rWlnerc unl nF.R rnpv
ASHLAND,LOUIS L
DBA ASHLAND TRUCKING
961 E 7TH ST
LOVELAND CO 80537-4953
STATUS:SFPP
AMT DUE:SFPP
A Soo /500 /100
P3 INC LOSS
U 100 /300
AUTO POLICY STATUS MAY 03, 2000
H PHONE: (970) 635-0274
FIRE 013 7475-B02-06 -001 IRG: 6
TERR: 007
1969 MACK LRS CLASS: 306000
DUMP ACC FREE: NOT ELIG
VIN: D044497S6682 BIRTH: JUN-16-67
DUE DATE: TERM DATE: TOT PREM: 541.80
OXD:FEB-02-00 COV DATE:FEB-02-00 PREV PREM: 0.00
SFPP ACCT: 0377-0929-20
AMT PAID: SFPP
ODM 180000 02--00_
NAME: ASHLAND,LOUIS L
REPLACED POLICY:
469.60
49.40
22.80
DATE PAID: SFPP
H PHONE: (970) 635-0274
POLICY FORM: 99065
EXCEP. & END: IRB35392 AND IRB3538A EFF 020200 FILE PUC.
REC CHG:
COV. S NAMES S AMT
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
TRACTOR/TRL _
TRUCKS _
TANDEM
DUMP
TRUCKS
TANDEM
DUMP
TRUCKS
WITH
PUP
OTHER
EQUIPT
(LIST TYPE)
CU.YDS
HP
�6
$/H R.
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 9u b �Vm C
Are you a Corporation, Partners p, DBA, LLC, or PC
SIGNATUR
= it
ADDRESS / E - 7w ` V
PHONE/FAX # l %d — 6 3 6 `O27C`
5
EXHIBIT D
YEAR 2000 COMPLIANCE CERTIFICATION AND INDEMNITY
Section 1. Contractor hereby certifies that all information resources or systems to be
provided or used in connection with the performance of this Agreement are "Year 2000
Compliant", except as otherwise expressly described in Section 2, below. "Year 2000
Compliant' shall mean that information resources meet the following criteria:
a. Data structures (e.g., databases, data files) provide 4-digit date century
recognition. For example, "1996" provides date century recognition; "96" does not.
b. Stored data contains date century recognition, including (but not limited to) data
stored in databases and hardware/device internal system dates.
C. Calculations and programs logic accommodate both same century and multi -
century formulas and date values. Calculations and logic include (but are not limited to) sort
algorithms, calendar generation, event recognition, and all processing actions that use or
produce date values.
d. Interfaces (to and from other systems or organizations) prevent non -compliant
dates and data from entering any state system.
e. User interfaces (i.e., screens; reports; etc.) accurately show 4 digit years.
f. Year 2000 is correctly treated as a leap year within all calculation and calendar
logic.
Section 2. Contractor agrees to notify the City immediately of any information resources or
systems that are not Year 2000 Compliant upon encountering the same in connection with the
performance of the Agreement, including without limitation any information resources or
systems in use by Contractor in the performance of the Agreement or information resources or
systems of the City regarding which Contractor obtains information in the course of its
performance of the Agreement.
Section 3. Contractor agrees to permit examination, by the City or agents thereof, of any
and all information resources and systems in use in connection with this Agreement, and
related Year 2000 Compliance implementation plans, in order to evaluate Year 2000
Compliance and potential implications of the same for the City and for performance of the
Agreement.
Section 4. The Contractor shall indemnify and hold harmless the City, and its officers,
agents and employees, from and against all claims, damages, losses, and expenses, including
attorneys fees, arising out of or resulting from the Contractor's information resources or
systems that are not Year 2000 Compliant.
SA 10/97
13
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:
As1, l R nl s c Khoo
Love/AnID (28t/6 %G
VO-6 3 S �0-12 74/
�o �7r a Qa 31111 2—
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
7
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. Warran .
(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
SA 10/97
8
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 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 parry'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
0
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
By: (.r
Jam B. 'Neill II, CPPO
Dire of Purchasing and Risk Management
Date:_ �Z �ZZz,2cx
[Insert Corporation's name] or
[Insert Partnership name] or
[Insert individual's name]���gµ
Doing business as [inseri name ofbusiness]
By: 1 ,5
PRINT NAME--
Ll
CORPORATE PRESIDENT OR VICE PRESIDENT
Date: `� ��� 90
ATTEST: �porate'Seal)
CORPORATE SECRETARY
SA 10/97
11
EXHIBIT A
CITY OF FORT COLLINS
BID PROPOSAL
BID #5491
HAULING
BID OPENING: APRIL 18,200, 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
) All questions should be directed to John Stephen at (970) 221-6777
01
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 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 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 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 liability 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:
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 10/97
12