HomeMy WebLinkAbout364578 MISTLER TRUCKING INC - 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
Mistler Trucking, 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 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
POLICY NUMBER: BA2496043
WA 143 05 99
THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY.
ADDITIONAL INSURED - DESIGNATED PERSON OR
ORGANIZATION
This endorsement modifies insurance provided under the following:
COMMERCIAL AUTOMOBILE COVERAGE PART
This endorsement changes the policy effective on the inception date of the policy unless another date is indicated
below.
Endorsement Effective: 02/27/06
Countersigned By:
Named Insured: Mistler Trucking, Inc.
(Authorized Representative)
(If no entry appears above, information required to complete this endorsement will be shown in the Declarations as
applicable to this endorsement.
Who Is An Insured (Section II, Part 1) of the policy is amended to include as an insured the person or organization
shown in the schedule as an insured but only with respect to liability arising out of the operation of "covered autos"
owned, maintained or used by the Named Insured, as listed in the Declarations.
Schedule of person(s) or organization(s):
71734
City of Fort Collins
Purchasing
P.O. Box 580
Fort Collins, CO 80522
Thig endorsement shall take effect at 12:01 o'clock A.M. ctanrlard time at insured's address and shall terminate
simultaneously with this policy.
Nothing herein contained shall be held to vary, waive, alter, or extend any of the terms, conditions, agreements or
declarations of the undermentioned Policy other than as above stated.
WA 143 05 99 Page 1 of 1
POLICY NUMBER: BA2496043
COMMERCIAL GENERAL LIABILITY
CG 20 12 07 98
THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY.
ADDITIONAL INSURED -
STATE OR POLITICAL SUBDIVISIONS - PERMITS
This endorsement modifies insurance provided under the following:
COMMERCIAL GENERAL LIABILITY COVERAGE PART
SCHEDULE
State Or Political Subdivision:
City of Fort Collins
Purchasing
P.O. Box 580
Fort Collins, CO 80522
X no entry appears above, information required to complete this endorsement will be shown in the Derlarntinnn ac
applicable to this endorsement.)
Section II — Who Is An Insured is amended to include
as an insured any state or political subdivision shown
in the Schedule, subject to the following provisions:
1. This insurance applies only with respect to
operations performed by you or on your behalf for
which the state or political subdivision has issued
a permit.
2. This insurance does not apply to:
a. 'Bodily injury," "property damage" or "personal
and advertising injury" arising out of operations
performed for the state or municipality; or
b. "Bodily injury" or "property damage" included
within the "products -completed operations
hazard."
CG 20 12 07 98 Copyright, Insurance Services Office, Inc., 1997 Page 1 of 1 0
City:
City of Fort Collins
Purchasing
P. O. Box 580
Fort Collins, CO 80522
Service Provider:
Mistler Trucking, Inc.
PO Box 83
Nunn, CO 80648
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) 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. 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.
2
SA January 2005
(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 atl necessary precautions in performing the work hereunder to
prevent injury to persons and property.
c. Wfflxxd timiticng any of the Service Provider's obliga to+s hereunder, the Service Pccvider shall
provide and maintain insurance coverage naming the City as an additional imxed under this Agreement of
the type and with the Work specified within Exhibit B, consisting of one 41) pages. attached hereto and
incorporated herein by this reerence. The Service Provider before commencing services hereunder, shoo
d*#w to the City's Director of Purdmft and Risk Management, 215 N. Mason, Second Flow, Fort
Collins, Colorado 80524 one copy of a certificate evidencing the insurance cove" required from an
insurance company acceptable to the City.
:-ilL-dl. '.• r. r 1 _',. , r'� r r r rr' r.r.Y:l-ter',
heroin, shah constitute the entire Agreement of the parties. Covenants or representations not contained in
this Agreement shall not be binding on the parties.
iL� i'-1:=c�1-.'Y-.+�;111 •t , _ n: r r v rr r s ♦s. rr♦
krierpretation, execution and enforcement of tivs Agreement. In the event any provamn of this Agreement
shah be held kwsW dX d wftrceable by any court of cmv peerkpunsdld�rott, sduch hoidirng shah n01 imvatidate
or render unerdorceabie any other provision of this A"ment.
CITY OF FORT COLLINS, COLORADO
a municipal corporation
By:
J O'Neill 11, CPPO, FNIGP
D' of Purchasing and Risk Management
Date:
tXI,S Name or f7BA
$y{y�y
PRINT NAME
9
sn JW, yzoos
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 7
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 January 2005 (j
BID SCHEDULE 5964 Hauling
You may attach a separate page with an equipment list— please include Firm name on it .
TANDEM DUMP TRUCKS
OTHER EOUIP (LIST TYPE)
Fail" 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 !"'IAL"QTR%jJC4r� ,-1�4v
Are you a Corporation, 0arlimship, DBA, LLC, or PC
C ¢ VSIGNATURE �,, 427 I.
PRINT NAME_ Gd�re. l� ft'44 en 'J12
ADDRESS O. E" 8 3
NuNr% co 8oG4R
PHONE 91y— 817_2,0Z
CELL PHONE � %o - r,, `t I - 1 43 1
FAX 261 L
EMAIL MISfEYTRj&(ejc, Ci p I . coc
SA,wuwyzoos
02/27/2006 11:06 TRUCKERS EQUITY 4 19702216707 NO.467 D001
ACORD CERTIFICATE OF LIABILITY INSURANCE OLTR02
MISTLTR
uAlElxw271'
02/27/06
YAOOVCfA
Truckers' Equity Agency, Inc.
THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION
ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE
Mary I acilaville
P.O. Box 741090
HOLDER. THIS CERTIFICATE DOES NOT AMEND, EXTEND OR
ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW,
I
Arvada CO 60006-1090
Phone: 303-430-5725 Fax: 303-430-7698
INSURERS AFFORDING COVERAGE
NAIC #
INBWERA Wilshire Insurance Company
iWunEA B.
I
Miaticr Trucking, Inc
Edward Mistler
"—
PO sox 83
Nunn co 80648
Wy.NCR [:
:OVERAGES
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ACORD 25 (2001108)
0
CERTIFICATE Or INSURANCE
03/06/06
000602003
THIS IS TO CERTIFY THAT we have issued to the Insured a policy of insurance wiirh provides coverage as described below. THIS
CERTIFICATE OF INSURANCE DOES NOT IN ANY WAY AMEND,EXTEND,ALTER, ORVARY THE COVERAGE AFFORDED BY THE
POLICY OR POLICIES REFERRED TO HEREIN. I;NTIL
ITEM 1. Policy Number BA2 4 9 6 0 4 3- 5 7- 0 2 Effective Date 0 2 2 7') 6 Expiration Data CANCELLED
ITEM2. Nameof InsurecIMISTLER TRUCKING, INC.
ITEM 3. Address of Insured PO BOX 83 NUNN _ CO 80648
ITEM 4. Name and Address of Certificate Holder
r 71734 If the policy is cancelled, we will endeavor to
CITY OF FORT COLLINS give written notice to the person to whom this
256 W. MOUNTAIN AVE. certificate is issued, but failure to give such
PO BOX 580 notice will impose no obligation or liability
L
FORT COLLINS CO 80524 upon us.
J
ITEM 5. Description of Insurance
POLICY
COVERAGE
LIMITS OF LIABILITY
Bodily Injury/Property Damage
Combined Single Limit
$1. 0 0 0 , 0 0 0
Each Person
$
Automobile
Bodily Injury
Each Accident
$
Liability
Each Accident
$
Property Damage
Each Unit
$NOCVG
Cargo
Less Deductible $
Aggregate
$
Automobile
Stated Amount or ACV
$ NOCVG
Collision
Less Deductible $
Physical
Specified Perils
Less Deductible $
Damage
Comprehensive
Less Deductible $
Other
GENERAL LIABILITY
COMBINED SINGLE LIMIT
$ S1.000.00
Coverage
$
ITEM 6. Covered Autos
Due to periodic changes in Schedule
of Vehicles we do not furnish specific descriptions.
You are listed as a certificate holder on this policy
ITEM 7. Description of Operations: ® Truckmen - Primary Liability; ❑ Non -trucking Liability only; ❑ Other (Explain)
This certificate shall not be valid until countersigned by a duly authorized representative of
GTRUCKERS' EQUITY
E PO BOX 741090
N ARVADA
T
WILSHIRE INSURANCE COMPANY
P.O. BOX 7006
LANCASTER, CALIFORNIA 93539-7006
AGENCY, INC.
CO 80006-109
Authorized Represen alive
Countersignature
Da as 2 (8/91) ORIGINAL