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Home My WebLink About359019 LITTLE BOYS TRUCKING LLC - CONTRACT - BID - 5845 HAULING3 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 Little Boys Trucking LLC, 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, 2004, and shall continue in full force and effect until April 1, 2005, 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 period. 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 MEDICAL EXAMINER'S CERTIFICATE I certify that t have examined in accordance with the Federal Motor Carrier N Safety Regu:ations (49 CPR 391,41-391.49) and with knowledge of the driving duties, I find this person is qualified; and, if applicable. only 6 when: LL c (],wearing corrective lenses driving within an exempt intracity zone (49 CFR 391.62) m ❑ wearing hearing aid u7 accompanied by a Skill Performance Evaluation Certificate (SPE) 0 accompanied by a waiver/exemption qualified by operation of 49 CFR 391.64 ¢ The information f have provided regarding this physical examination is true and complete. A complete examination form with any j attachment embodies my findings completely and correctly. and is on file in my office. a' MOTOR CARRIER'S COPY f �� C'yl — /c/ => >� A 1 MEDICAL EXAMINER'S CERTIFICATE PART i OF 2 1 carJity that t haw exarf+" N Lanxhk-��—m a46o 4"" with mo Fwoniil Motor Cairiw Safety R (49 CFR 391 4I-MI.49) and we knpw- iedo of fAa drwxip dd>ios, t find this pet is nuatifiad, and, A ap*atNe. wly when. QoNmaring correctiye fensm rl wearing hearing ail o accompanied by a•�,_-_,�,._„__�, watvmlexomptipn C) driving wdttin an exempt oetraeay zone (49 CFR 391,62) ri accompanied try a Sean Porformanca Evaluatro Comficate (SPE) Q Ovahtiad by operatM of 49 CFR 391,64 Tne.aumwvnf r„we pwwe4'�aa^a^d Pw DMeiy nan.�ori,A mw as w.peu. aoonpwr enn,rww,!m�+r!: any amtMMm mdeAaa.�y^naMi«Pa+`'h a+icwrtaeq. W won � n my o*re AwVfW ca MER OATE , JJ��- P S•Qg-[n-x Lcwa}oR:-7ransportabon Services t-sm4U-ftn o2w, A , nt;WS nrsEmto �% '�!% ww.lnWanWad+tbn.ga+r MEDICAL EXAMINER'S CERTIFICATE PART 2OF2 yesan A..a M pAWsxA49yada, tCWSE OR cEAT W j I>SU,K STATE lea <tayl'ransponationservices l-W"SMln CRdptA R1GHT3RFS$AVED �I ww.t.nt.vanworra+oncom pcC-, 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. Stan Welsch P.O. Box 580 Fort Collins, CO 80522 Service Provider: Little Boys Trucking LLC 2302 Stanely Court Fort Collins, CO 80526 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) 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. 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. SA 10/97 2 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 10/97 (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. 3 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. 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 SA 10/97 4 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, 215 N. Mason, Second Floor, Fort Collins, Colorado 80524 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. SA 10197 CITY OF FORT COLLINS, COLORADO a municipal corporation By: Jame O'Neill II, CPPO, FNIGP Direct of Purchasing and Risk Management Date: f 1 Q Li Little Boys Truckin , LLC By: PRINT NAME 5 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 9 EXHIBIT C BID SCHEDULE #5845 You may attach a separate page with an equipment list. Please include Firm name on it. EQUIPMENT YR MAKE MODEL CU.YDS. HP TRCTOR/TRL — TRUCKS _ TANDEM DUMP — R. TRUCKS r 9�00 _ Tln� — $ qq 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 SKtnq � Are you a C'Ore ation, Partners ' , DBA, LLC, or PC SIGNATURE PRINT NAME ADDRESS o� l lartieg fT. CoI1i� �'� k (D PHONE g7(:)-Jj��- �35� CELL PHONE FAX q-7 - �i,S.e.LI.QQ CERTIFICATE I bArF,IUW0D(YYY) OF LIABILITY INSURANCE _ 5/14/2004 TH13 CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION Chuck Noland/FUSA ONLY AND CONFERS CERTIFICATE 121 Lr _ i#115 HOLDER THIS CERT CERTIFICATE DOES D S NOT AME , EXTND OR _ Ft Collinnss C80525 COO ALTER THE COVERAGE AFFORDLU I4Y THE POLICIES BELOW. —�. _ _ feURED INSURERS AFFORDING_ COVERAGE NAICN IN970-484-3200 11 LITTLE Myq TRUCKING _ LLC ....... - SNI UAA FRF1-MWQLAti :INDEMITY COKPANY -_.. ......_.__— DANIEL E WILLIA14S .- NBuflER eFARNLRS iF20N INSURANCE �NSURER 2302 STANLEY CT II -- C. FT COLLINS, CO 80526 IINSURER D — ! INSURER E'. COVERAGES — THfi POLICIES OF 14SUPMCL LISTED BELOW HAVE BEEN S5UED TO THE INSURED NAMED ABOVE FOR rHE POLICY PERIOD INDICATED NOTWITN$7ANDMIG I ANY REOIAREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER "r0 DOCUMENT WITH RESPECT WHICH THI$ CERTIf CATE MAY BE ISSUED OR MAY PERTAIV, THE INSURANCE BY THE POLICIES DESCRIBED HEREIN IS SJSJFCT TO ALL HE TERMS. eXCL,)NONS AND CO OLICIESAOOREL3A7E UNITS SWOWN NA CONDITIONS OF SUCH ' AVE BEEN REDUCED BYPAIDC(A..IMMS Y�YM NBRD� EFFORDSA R YEFrECrIVE POLtCYEXPORA I n PGL ICY NUMBER ML4DIXYY) DATE(MldlODt ---"--" TS 11ENFRAL LIABILITY ti ! : EACH CCCURRENCE $ 1 . 000 _ 000 cn a-.v FRIMISFc .L ._4iBiL2m CLAIJSNAUE X OCCUR 8, X 16M TRUCXING I1CG0428773 MEDExaiayyvnY «rm! 11/12/D3 11/12/a4 PERSONA.LSADVINJURY aL 15AT.Tf`v --..— r.. i I CSENCIIAL _AGGne..-vATe, .` GEN'L AGGIiiGAYE LIMIT APPLIES PEfl goo, 000 RrPRODOCTS•COMROPAGG15 2_, OOO OOO' ... _.I .°JEr I LOC 41 POLICY - -- '" AVTgMpB,Lp IL\pLIN --'-- I ANYAUTO I oOMBINEOSINGLE LIMIT i (E.aIWICsilsO— s l,000,000 ALL OW.4ED AUrDS it IOHFOVLCD BODILY INJURY HUT03 � j (Pvr pe^mn) S � AIX X j HIREDAUTOS C 7825369 00 05/16/a9 05/16105 'LyDDILYnwoRY — i �S X NON-CrYMEVAUTOS LPBfel�aeRiJ I (PYlra ERTY ) AMACE S I GARAGE LIABILITY ANYAUTO j A' TO ONLY -EAACOUENT S _ 10YHERTHAN EAAGG I y... ...... _.._�__.__.__ EXCESS&MABRELLA LIABI.iTY� .I OCCUR --I CLAIMS MADE 1 j --' 'Ir,... DEDUCTIBLE RETENTION S T :. WORKERS COMPENSATION AND I IEMPLOYERS' LIABILITY .V.Y �RGnaaTORT'MYNeruineutr �IYC arRCERtMEMpGa E%GELDED^ 10. .... ! IL)KYLIMIT 6I 1 ER f.. .. F L. RACH ACCY JT I B — `_ E. L OI6EA.5E - EA EMPLOYEt S E L D15EASE - POLICY LIMIT I _.._.. _. __. S J ibV,RIPTION OF OPERATIONS I LOCATIONS I VEHInI FP f Fwr:1 IICs/]NF Ann, r.lFry iNo9R8GMWT, &PFLIA, D: O'IaM.ws; —� 91 KenDump (559220)$40k 91 IntlDump(047994)$43k 93 Kendump (590693)$48k All 3 trucks carry full coverage with $250comp/$500co1l 50mile radius on full covera" and liability current FUC in Colorado Drivers: DanNilliams, CindyLopez, L TonyLopea POA.11II.ls. City of Fort Collins Street Dept PO Box 580 Fart Collins, CO $0522 �Or Certificate Holder n SHOULD ANY OF THE ABOVE DESCRIBED POLICIES SE CANCELED BEFORE THE EFPIRATIOf DATE 1"HEREOF, THE SSUNG INSUREF WILL ENDEAVOR TO MAQQ_ DAYS WRITTEN NOTC"e TO T }FICATL HOLDER. NAMED TO THE LEFT, BUT FAILURE TO DO 50 SHALL BAPOSE' ION OR IL171 ;,IF ANN-91 UP ON T SURER, I''S .4GFNTS OR 4 J M s 1 j • � +�' waYj l�.s Jam.: ..$ �.� w O r