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Home My WebLink AboutFOUTCH AND FOUTCH - CONTRACT - BID - 5845 HAULINGSERVICES 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 Foutch & Foutch, Inc., hereinafter referred to as "Service Provider". W ITNESSETH: 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. 4. Early Termination by City/Notice. Notwithstanding the time periods contained SA 10/97 1 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 $MR. TRACTOR/TRL K(A) T-kno 220 TRUCKS g3 KW r 1A0V -2 M rL TANDEM DUMP TRUCKS TANDEM DUMP TRUCKS WITH PUP OTHER EQUIPT (LIST TYPE) QI 5Nt I ZZO $5doIO gL T Al T < < $ �D C, 1Nf 15 5 $6Goo — J D lcdcr� $ — —A/14 — $�S•00 — '-ram- — $Rn.or' 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 h&04&k l V Are you a� ratio Part . ip, DBA, LLC, or PC SIGNATURE /� .{�• PRINT NAME y-e.)� E v T I ,le, l✓I ADDRESS S S I (,t/, 2 f" S f (yc� el 9063 y PHONE 9'70- .506' l 4'1 CELL PHONE - q 3 - FAX 4T 7 O - ? Lte: 3/25/04 Time: 9:54 AM To: Rob (R 19705069925 )58k Page; 002-000 303E ACOR ,,M CERTIFICATE OF LIA___BIL_ITY INSURANCE PROCUCER (303)980-0220 FAX (303)980-1610 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFO THE BURGESS AGENCY, INC. ONLY AND CONFERS NO RIGHTS UPON THE CERTIF HOLDER. THIS CERTIFICATE DOES NOT AMEND, EXI 9100 WEST JEWELL AVE 5100 ALTER THE COVERAGE AFFORDED BY THE POLICIE P.O. BOX 150037 7— LAKEWOOD, CO 80215-0037 1 INSURERS AFFORDING COVERAGE wsuREn Foutch &Foutch, Inc. „rEFA Atlantic Casualty Insurance 5951 W. 26th St. aFaEPEPE _Interstate Indemnity Insuran Greeley, CO 80634 Fireman's Fund Insurance_C_o_m_ FCE'..lFEF D - PiF11'1aco1 Assurance I frLU"EP E DATE (MMIDD" 03/25/2004 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 HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDIT'ONS OF SUCH PULIC,FS. AGGREGATE LIMITS SHOWN MAY HAVE BEEN REDI ED RY PAID CLAI%AS. INSR LTR' —---.— TYPE OF INSURANCE T— POLICY NUMBER GATE MM DATE NM1UOD LIMITS GENERAL LIABILITY Er H-�t,I.URRE� 8 1,000,00 LIMEr.-.IaLCENEr,ALLwaILTr L09S000388 10/02/2003 � 10/02/2004 rl FDA17k_=%Nn $ ='ire( 50,000 rgEr E :P..c,w.)nf .e �� 3 5,000 aIL4= va'IE Fx�_UP A ILP A ; PI, - I Jek Y 1,000,000 2, 000, 00 SETI'L 1 -FED/;1F Jr+ 'LIES PEP �— oG IiT=aI�Pr x_ 2,000,00 PPC POLICI' JEC` LUL AUTDMDBaEuaBlurV P6117540 02/07/20041,02/07/2005 X ,_ ar„Lc_wvT ulsALTIo (E3ac 11 v 1,000,000 ILL � WPoFF, ALIT;S � ^�l L it lJyr..v — S HEULLt.J A! i I V' B HREl4-IT rIIIJIJF" $ IJ r /kVE; ALT )5 IP , ...oV LX Truckers Policy I F'FpFERTr D�Pn�r_E 6 a,I eni) GARAGE LIABILITY EAACJIDENT R' aNr �u?o I AUT0JP2T EXCESS LIABILITY i— 10i:CUF26^JCE $ A44"E_PSE =CC9R ELA'II3 NAGE I $ — OEDU! IIELt RETErJTION $ WORKERS COMPENSATION AND 067254 04/01/2004 04/01/2005 X EMPLOYERS' LIABILITY TLR LIa9I�3 I En EI EL-iA CEBIT A' 100,00 D I ELosane.=-a_IVFL,;EE 100,00 EL �rsEAs_-En_I'; um,T a 500 00 Carg90 XI99468962 05/02/2003105/02/2004 $80,000 C II $1,000 Deductible DESCRIPTION OF OPERA'FION$ILOCATICNSFVEHICLESIEXCLUSIONS ADDED BY ENDDRSEMEN ISPECIAL PROVISIONS City of Fort Collins 215 N. Mason 2nd Floor Fort Collins, CO 80522 SHOULD AN! OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, THE ISSLXNC COMPANY WILL ENDEAVOR TO MAIL 10 DAYS WRITTEN NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE LEFT. BUT FAILURE TO MAIL SUCH NOTICE SHALL IMPOSE NO OBLIGATION OR LIABILITY OF ANY KIND UPON THE COMPANY, TS AGENTS OR REPRESENTATIVES. AUTHORIZED REPRESENTATIVE h ti4 ' Scott Pope/TH fir; A. COa4D. CERTIFICATE OF LIABILITY INSURANCE DATE (5/200 03/25/2004 PRODUCER (303)980-0220 FAX (303)980-1610 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION THE BURGESS AGENCY, INC. ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AMEND, EXTEND OR 9100 WEST JEWELL AVE #100 ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. P.O. BOX 150037 LAKEWOOD, CO 80215-0037 INSURERS AFFORDING COVERAGE INSURED Foutch & Foutch, Inc. INSURER A: Atlantic Casualty Insurance Company 5951 W. 26th St. INSURERS: Interstate Indemnity Insurance Greeley, CO 80634 INSURERC: Fireman's Fund Insurance Company INSURER D: Pinnacol Assurance INSURER E: 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 HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. AGGREGATE LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. INSR LTR TYPE OF INSURANCE POLICY NUMBER POLICY EFFECTNE DATE IMM/DDfYY1 POLICY EXPIRATION DATE MMIDD LIMITS A GENERAL LIABILITY X COMMERCIAL GENERAL LIABILITY CLAIMS MADE O OCCUR L09S000388 10/02/2003 10/02/2004 EACH OCCURRENCE $ 11000,000 FIRE DAMAGE (Any one fire) $ S010011 MED EXP (Any one person) $ 5,00( PERSONAL B ADV INJURY $ 11000100 GENERAL AGGREGATE $ 2,000,00( GENT AGGREGATE LIMIT APPLIES PER: POLICY PRO LOC JECT PRODUCTS - COMP/OP AGG $ 2 , 000 , OO AUTOMOBILE LIABILITY ANY AUTO TP6117540 02/07/2004 02/07/2005 COMBINED SINGLE LIMIT (Ea accident) $ 1 , OOO , OO X ALL OWNED AUTOS B SCHEDULED AUTOS BODILY INJURY (Per person) $ HIRED AUTOS NON -OWNED AUTOS BODILY INJURY (Per accident) $ X Truckers Policy PROPERTY DAMAGE (Per accident) $ GARAGE LIABILITY AUTO ONLY - EA ACCIDENT $ ANY AUTO OTHER THAN EA ACC AUTO ONLY: AGG $ $ EXCESS LIABILITY OCCUR CLAIMS MADE EACH OCCURRENCE $ AGGREGATE $ DEDUCTIBLE RETENTION $ $ WORKERS COMPENSATION AND EMPLOYERS' LIABILITY 4067254 04/01/2004 04/01/200S X I TORY LIMITS ER E.L. EACH ACCIDENT $ 100,000 D E.L. DISEASE - EA EMPLOYEd $ 100,000 E.L. DISEASE - POLICY LIMIT $ S00,00 $80,000 $1,000 Deductible C ETH XI98468962 05/02/2003 05/02/2004 DESCRIPTION OF OPERATIONSILOCATIONSNEHICLESIEXCLUSIONS ADDED BY ENDORSEMENT/SPECIAL PROVISIONS QCDTICI `ATC Vn1 ftCe I I City of Fort Collins 21S N. Mason 2nd Floor Fort Collins, CO 80522 SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, THE ISSUING COMPANY WILL ENDEAVOR TO MAIL 10 DAYS WRITTEN NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE LEFT, BUT FAILURE TO MAIL SUCH NOTICE SHALL IMPOSE NO OBLIGATION OR LIABILITY OF ANY KIND UPON THE COMPANY, ITS AGENTS OR REPRESENTATIVES. AUTHORIZED REPRESENTATIVE Scott PODe/TH IMPORTANT If the certificate holder is an ADDITIONAL INSURED, the policy(ies) must be endorsed. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). DISCLAIMER The Certificate of Insurance on the reverse side of this form does not constitute a contract between the issuing insurer(s), authorized representative or producer, and the certificate holder, nor does it affirmatively or negatively amend, extend or alter the coverage afforded by the policies listed thereon. 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: Foutch & Foutch, Inc. 5951 W. 26`h St. Greeley, CO 80634 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. The City shall not be responsible for withholding any portion of Service Provider's compensation SA 10/97 2 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. (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 SA 10/97 3 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 insured under this Agreement of the type and with the limits specified within Exhibit B, SA 10/97 4 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 10/97 E1 CITY OF FORT COLLINS, COLORADO a municipal corporation B G "- 4 Janjes 9F. O'Neill II, CPPO, FNIGP QL- DirdQW of Purchasing and Risk Management Date: KLox Foutch & Foutch, Inc. Corporations Name or DBA SA 10/97 EXHIBIT A SCOPE OF WORK 1. Vendor must be able to provide the equipment bid and a qualified driver Sunday through Saturdayat any time, within one hour of being caned 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 jab 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 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 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 afterten (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. 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