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Home My WebLink About107125 BIVENS TRUCKING & EXCAVATING INC - 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 Bivens Trucking & Excavating, 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. 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 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 $/HR. TRkTiTRL $ TR_ _ $ TANDEM $ DUMP — TRUCKS $ss= rAle-- TANDEM — $ DUMP TRUCKS — $ WITH — PUP OTHER — $ EQUIPT — $ ((LIST TYPE) Z 4r pr1�o►1,3,� $ 9S�� 0—Acc.V2f"or- _ LJ_S�' 0� Z20 $ 91f 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 iVEti r(ULIt,yG Are you a Corporation, Partners ip, DBA, LLC, or PC SIGNATURE /QC2,cp Z, PRINT NAME NAME(3Lc/ ADDRESS PHONE 4Y CELL PHONE FAX _ y 9 3 eye FS, FKUM : SKItb WtS1 INS HUC:Y, INC:. HHUNU NU. : `jfb 22.3 52Jb Sep. 26 200.3 b1:Ilf'M N1 AMR-D.. CERTIFICATE OF LIABILITY INSURANCE 09/26/2003 PRODUCER SKIES REST Ifs AOWY TNr S 2601 SOUTH LEIdAY N38 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND OONrLRO NO RIayHTS UP6im Inc l4CIS I11-0;ATE HOLDER. THIS CERTIFICATE DOES NOT AMEND. EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. OUTH , Co SORT 30525 INSURERS AFFORDING COVERAGE INSURED INSURERA: ALLIED GROUP _ BIVE145 TRUCKING S EXCAVATING, INC INSURERS: BINALSCIAL XNDOWITY COHPAXY 3900 IDEAL DRIVE INSURERC INSURER D: •. •. FORT COLLINS CO 80524- INSURER E; - TFIE POUCN:C Or INCURANCE LISTED BELOW NAVE nCeN IE;sueo TO THE INSURED NANEO ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT. TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT MATH RESPECT TO WHCH THIC cm-ni-ICATE MAY ne ISSUED AR MAY PERTAIN, THE INtiURANCE AFFORDED BY THE POLICIES DESCRIDED HEREIN IS SUBJECT TO ALL THE TERMS. EXCLUSIONS AND CONDITION OF SUCH POLICIES. AGGREGATE LIMITS SHMN MAY HAVE SEEN REDUCED BY PAID CLAIMS. _ INSR TYPE OF INSURANCE POLICY NUMBER POLIOY EF THE LILY IDWIW1T10N LIMITS A oEND:RAL LIABILITY ® COMMDTDaALOaCRALUARLITY 101 CLAIMS MAOE LET OCCUR n Wao 7536ub133b 06-20-2002 0115-20-1004 EACH QG41JRRE NCE S 1 000 OO S 50,000 FIRE DAMA13E (An-yG *fir#) MED VXP (An RXM pwr S 5,000 s 1` D-l00 PERSONAL d AOV I WURY ❑ GENERAL AGGREGATE _ $ 2 ODD 00 L AGGREGATE UMIT APPLIES PER: 21771POLICY ❑ PRO- LOC PRODUCTS-COMPOP AGO 3 2,000,00 $ AUTOMOBILE Dp1 1111 .12 LIABILITY ANY AUTO ALL OWNED AUTOS SClIEOULED AUTOS HIRED AUTOS NON -OWNED AUTOS TS1Y779i ITan r 790921B 09-SE-i88S 03-id-ZVU41 COMBINED SINGLE LIMIT (Ea webard) W.ULT IN.ARHT (Pw omon) S BODILY INJURY (PRN ae6 * PROPERTY DAMAGE (Pxaai&m) S 3 GARAGE LIABILITY 0 ANY AUTO ❑ AUTO ONLY - EA ACCIDENT S OTHER THAN EA ACC AUTO ONLY. AGO S $ E WESS LIABILITY ❑ OCCUR LL J CLAIMS MADE y DEDUCTIBLE RETENTION 3 EACH OCCURRENCE S AGGREGATE S _ ;, 3 $ WORKERS COMP@ISATIONAND EMPLOYERS LIABILITY 6TATU O H- RY 1M1 .j EL. EACH ACCIDENT $ _ C.L. OIO%AOC - EA r&VL6Y91 ! E.L. DISEASE -POLICY LIMIT; OTHQt DESCRIPTION OF OPERATIONBRLOCATU*SNEMOLESMOLUSIONS ADDED BY ENDORSEMENTIBPURAAL PROVISIONS CITY 08 SORT COLLINS PURCHASING DIVISION 21.r, '14F >f ACN Sat, 214IJ r'LKXAL FORT COLLINS CO 80524- (9-10) 221-6707 SHOULD ANY OF THE ABOVE DESCRIBED POL KNES BE CANCELLED SBPORE THE EXPIRATION DATE THEREOF, THE ISSUNO INSURER WILL. ENDEAVOR TO MAIL 010 DAYS WRITTEN NRTY`E TO TIGCENTIMOATe 1 MLD[R IIAMEN TO THE LEFT, &UY rwwme ,. NU tW W VA IMPOSE NO OBUG0.TION OR LIARILITY OF ANY FIND UPON THE INSURER. ITS AGENTS OR PRODUCER Pinnacol Assurance 7501 E Lowry Blvd DENVER CO 80230-7006 INSURED BIVENS TRUCKING & EXCAVATING INC 3900 IDEAL DRIVE FORT COLLINS CO 80524 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AMEND, EXTEND OR ALTER THE COVERAGE ...................................... THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED, NOTWITHSTANDING ANY REQUIREMENT. TERM AND 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. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. CO TYPE OP INSURANCE POLICY NUMBER I POLICY EFFECTIVE I POLICY EXPIRATION LIMITS GENERAL LIABILITY I GENERAL AGGREGATE PRODUCTS - COMPYOP AGG COMMERCIAL GENERAL LIABILITY PERSONAL & ADV INJURY CLAIMS MADE ❑ OCCUR EACH OCCURRENCE OWNER'S & CONTRACTOR'S PROT FIRE DAMAGE 1 we Nel MED EXP ime AUTOMOBILE LIABILITY ANY AUTO COMBINED SINGLE LIMIT BODILY INJURY ALL OWNED AUTOS SCHEDULED AUTOS aw) BODILY INJURY HIRER AUTOS NON OWNED AUTOS 1 .tt PROPERTY DAMAGE GARAGE LIABILITY AUTO ONLY - EA ACCIDENT OTHER THAN AUTO ONLY ANY AUTO EACH ACIDENT EXCESS LIABILITY EACH OCCURRENCE UMBRELLA FORM AGGREGATE OTHER THAN UMBRELLA FORNI WORKERS COMPENSATION AND WC STATU OTHER EMPLOYERS' LIABILITY TORY LIMITS A 3241983 08/01/2003 08/01/2004 EL EACHAC(TDENT $1.000,000 THE PROPRIETORIPARTNERS n INCL cr n.ec e.c —vim. .,...r f 1 non non OTHER DESCRIPTION OF OPERATIOMILOCATIOMi EHICLESISPECIAL ITEMS SEE BACK OF CERTIFICATE FOR CLASS COVERAGE AND OWNERSHIP COVERAGE DETAIL 719307 SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE CITY OF FT COLLINS EXPIRATION DATE THEREOF, THE ISSUING COMPANY WILL ENDEAVOR TO MAIL ATTN: PURCHASING DIVISION _ DAYS WRITTEN NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE LEFT. 215 N MASON ST 2ND FLOOR BUT FAILURE TO MAIL SUCH NOTICE SHALL IMPOSE NO OBLIGATION OR FORT COLLINS CO 80524 LIABILITY OF ANY HIND UPON THE COMPANY ITS AGENTS OR REPRESENTATIVI AUTHORIZED REPRESENTATIVE Charles Doggett APOLJUNDCSRSx,,� 09.'2610312,W01 32419S3 UTA. t 12'1511W ]IM(W ]IV135 Date: 9/26/03 Time: 12:14 PM To: @ 91970-221-6707 Pinnacol Assurance Page: 003-003 CERTIFICATE HOLDER COPY CITY OF FT COLLINS ATTN: PURCHASING DIVISION 215 N MASON ST 2ND FLOOR FORT COLLINS CO 80524 POLICY NUMBER: 3241983 BUSINESS LOCATION: AARON BIVENS CLASSIFICATION OF OPERATION COVERAGE COVERAGE RATING CLASS DESCRIPTION EFFECTIVE EXPIRES TYPE 621705 EXCAVATION N.O.C. 08/01/2003 08/01/2004 EM 722805 TRUCKING --LOCAL HAULING ONLY & DRIVERS 08/01/2003 08/01/2004 EM 874205 OUTSIDE SALESPERSON 08/01/2003 08/01/2004 EM 881005 EXCLUSIVELY OFFICE 08/01/2003 08/01/2004 EM 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: Bivens Trucking & Excavating, Inc. 3900 Ideal Drive Ft. Collins, CO 80524 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. SA 10/97 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. 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 10/97 5 CITY OF FORT COLLINS, COLORADO a municipal corporation By: �IrC9--�C 4 Ja e . O'Neill II, CPPO, FNIGP Dir for of Purchasing and Risk Management Date: 1.e" y BIVENS TRUCKING & EXCAVATING, INC. Corpora 'ons Name or DBA By: Z Z ,ra Al PRINT NAME -` SA 10/97 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 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 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 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