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HomeMy WebLinkAbout292606 STILO ENTERPRISES - CONTRACT - BID - 5964 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 Stilo Enterprises, 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 one (1) page, and incorporated herein by this reference. 2. Contract Period. This Agreement shall commence upon signing and shall continue in full force and effect until March 31, 2007, 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 will use the Denver - Boulder CPI-U as published by the Colorado State Planning and Budget Office as a guide. 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 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: SA January 2005 rTCH Policy No. 96-GK-7080-6 EFF DATE JAN 19 2006 2015-F625 FEeeOs nan r"u SECTION 11 ADDITIONAL INSURED ENDORSEMENT nsrurts Pollcy No.: 96-GK-7080-6 Named Insured: STILO, ROBERT J JR DBA STILO ENTERPRISES Additional Insured (include address): CITY OF FORT COLLINS C/O PURCHASING DEPT PO BOX 580 FORT COLLINS CO 80522-0580 WHO IS AN INSURED, under SECTION II DESIGNATION OF INSURED, is amended to include as an Insured the Additional Insured shown above, but only to the extent that liability is imposed on that Additional Insured solely because of your work performed for that Additional Insured shown above. Any insurance provided to the Additional insured shall only apply with respect to a claim made or a suit brought for damages for which you are provided coverage. The Primary Insurance coverage below applies only when there is an "X" in the box. ❑ Primary insurance. The insurance provided to the Additional Insured shown above shall be primary insurance. Any insurance carried by the Additional Insured shall be noncontributory with respect to coverage provided to you. All other policy provisions apply. FE-6em Printed in U.S.A. City of Fort Collins, Purchasing PO Box 582 Fort Collins, CO 80522 Service Provider: Stilo Enterprises Attn: Robert Stilo Jr. PO Box 358 Loveland, CO 80539 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 paymentshallbe 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) page, 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 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 2 SA January 2005 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 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 3 SA January 2005 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) 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. CITY OF FORT COLLINS, COLORADO a municipal corporation Jarre6s,B. O'Neill II, CPPO, FNIGP Dirft6r of Purchasing and Risk Management Date:` Corporations Name or DBA By:,� PRINT NAME 9 SA January 2005 BID #5964 HAULING 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. SA January 2005 6 EXHIBIT B INSURANCE REQUIREMENTS 1. 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 January 2005 5 BID SCHEDULE 5964 Hauling You may attach a separate page with an equipment list-- Please include Firm name on it. EQUIPMENT YR MAKE MODEL. CY.YDS. HP $/HR. TRACTOR/TRL $ TRUCKS $ T.��{�r 9y i��la•,ll 79 s $ 7S� TANDEM DUMP TRUCKS $ A $ $ $ $ TANDEM DUMP TRUCKS W/PUP $ OTHER EQUIP (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 S9/zla EN'EP�.eiS� Are you a Corporation, Partnership, DBA, LLC, or PC SIGNA PRINT NAME J. S> ✓l c )r . ADDRESS 0,0 0 6/X- ?.s9 Lar/% 4 /- d dOS`39 PHONE �' v — CELL PHONE 970 — W,,;? - 7t�r0 FAX 06ad - z9'r8 EMAIL 5 SA January 2006 Policy Number 9WK,7080-6 DECLARATIONS PAGE AMENDED JAN 19 2006 fW STATE FARM FIRE AND CASUALTY COMPANY 1555 PROMONTORY CIRCLE, GREELEY CO 80638-0001 A STOCK COMPANY WITH HOME OFFICES IN BLOOMINGTON, ILLINOIS 20-2015-F625 T 2 BUSINESS POLICY - SPECIAL FORM 3 AUTOMATIC RENEWAL - If the stib�ect to the remiums, rules gry you and tie Mortgagee/Liei Policy Period: 12 Months Effective Date: APR 25 2005 Expiration Date: APR 25 2006 Location of Covered Premises: 435 E 11 TH ST LOVELAND CO 80537-4827 Coverages & Property Section A Buildings B Business Personal Property C Loss of Income - 12 Months Section II L Business Liability M Medical Payments Products -Completed Operations (PCO) Aggregate General Aggregate (Other Than PCO) Named Insured and Mailing Address STILO, ROBERT J JR DBA STILO ENTERPRISES PO BOX 358 LOVELAND CO 80539-0358 Cov A - Inflation Coverage Index: N/A Cov B - Consumer Priaelndex:191.8 :Y PERIOD is shown as 12 MONTHS, this policy will be renewed automatical1r ns in effect for each succeeding policy period it this policy is terminate, we will written notice in compliance wittf the policy provisions or as required by aw. The policy period begins and ends at 12:01 am standard time at the premises location. Limits of Insurance Excluded 1 400 Actual toss 1,000,000 5,000 2,000,000 2,000,000 Forms Options, and Endorsements Special Form 3 FP-6103 "Section II Additional Insured FE-6609 Amendatory Endorsement FE-6206.1 Tree Debris Removal FE-6451 Business Policy Endorsement FE-6464 Glass Deductible Deletion FE-6538.1 Fungus (including Mold) Excl FE-6566 • New Form Attached Your policy is amended JAN 19 2006 ENDORSEMENT FE-6324 DELETED ENDORSEMENT FE-6309 DELETED ENDORSEMENT FE-6609 ADDED Deductibles - Section I 500 Basic In case of loss under this policy, the deductible will be applied to each occurrence and will be deducted from the amount of the loss. Other deductibles may apply - refer to Endorsement Premium Discounts Applied: Claim Record Continued on Reverse Side of Page I Prepared OTHER LIMITS AND EXCLUSIONS MAY APPLY - JAN 27 2006 Counters FP-8030.2C AFM5 By 06/1993 ED BOWEN Your policy consists of this page, any endorsements (970) 667-22r r and the policy form. PLEASE KEEP THESE TOGETHER. TO None (012172b) Policy Number 96-GK-7080-6 • CONTINUED FROM FRONT SIDE Rj BUSINESS POLICY - SPECIAL FORM 3 Prepared JAN 27 2006 (012175a)