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HomeMy WebLinkAboutCORRESPONDENCE - BID - 5964 HAULING (2)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 T & J Trucking 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: 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 City: Service Provider: City of Fort Collins, Purchasing T& J Trucking PO Box 582 Attn: Kevin Tucker Fort Collins, CO 80522 8739 N. Taft Hill Rd Fort 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) 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 2 SA January 2005 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 noncoriformances, 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 underthis 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 1 interpretation, execution and enforcement ©# 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 By: James B. O'Neill II, CPPO, FNIGP Director of Purchasing and Risk Management Date: Corporations Name or DBA PRINT NAME 9 SA January 2005 BID #6964 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 indemnity 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 4 SA January 2W5 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: Workers' Compensation insurance with statutory limits as required by Colorado law. 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. 10 SA January 2005 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 $ TANDEM DUMP TRUCKS g99917 za 15$ o P�9 aL5$ $ $ $ $ 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 - I 1 F-•VC.,111IL� �f�//L. Are you a Corporation, Partnership, DBA, LLC, or PC SIGNATUREi . IQ�/1I✓W7! PRINTNAME _ L i ADDRESS • s / CELL PHONE ` LI Ji:� FAX s < 5 SA January 2005 FEB.27.2006 10:41AM NO. 549 F. 1 CERTIFICATE OF INSURANCE This rarti6cate of Insurance Is NOT an Insurance poky and does not emarld, extend or alter the coverage afforded by the policies listed herein. Notwithstanding any requirement, tens or condition of arty contract or other document with respect to which this cer5flcate maybe Issued or may pertain; the Insurance afforded by the policies described herein Is subject to all the terms, exclusions and conditions of such policies which may substanfiaNy limit coverage, Where reference is made to an Aggregate Limit those limits are Company's maximum liability under the Policy for the entire policy period regardless of the number of insureds, claimants or occurrences. Certificate is issued by Inured s Representative. additional iasyred and other snderaementa any only be authorised by the Company or its appolated General Aeant. Date 02/27/2006 NAME OFINSURED T & J Trucking, Inc P.O-ADDRESS 8739 N. Taft Hill Rd Ft. Collins CO 80524 Insurance Company Name: Columbia Insurance Company Insurance Company Address: 3024 Harney Street • Omaha, Nebraska - 68131-3560 POLICY NUMBER KINDS OF INSURANCE LIMITS EFFECTIVE EXPIRES �pMMFRCIAL GENERAL LIABILILY ❑ L7 Made Form Occurrence Form Claims Coverages C Premises -Operations ❑ ProductsfComplated Operations ❑ Other (Specify) N/A General Aggregate Limn Products -Completed Operations Aggregate limit S _. N/A Personal 9 Advertising Injury Limit 5 N/A Each Occurrence Limit 5 N/A Fire Damage limit (Any One Fire) $ . _ N/A Medical Expense Limit (Any One Person) 5 N/A Aggregate Limit on Claims Expenses 5 N/A manuscript andorsemencs spolieable AUTOMOBILE LIABILITY Bodilylrrjury Each Person 5 N/A 05/26/2005 05/26/2C 72TRN308999 EarhAccident S N/iA 12:01 A.M. 12:01 A_ Property Damage Each Accident s N/A Bodily Injury and Property Damage Combined Single Llmk $ X, 000. 000 GARAGE LIABILITY Bodily Injury and Property Damage Auto Only Other than Auto Combined Single Limit S N/A $ N/A N/A Aggregate Limit 5 N/A Garagekeepers Insurance O Legal Liability S ❑ Direct Excess 5 ❑ Direaprimery $ N A EXCESS LIABILITY 0 Automobile d General Liability Name of Primary Insurer: Primary Limits s N/A Excess Limits s N/A General Aggregate Limit 5 _ N/A Q Aggregate limit inclusive of Claims Exponsas N/A N/A EmployersLiabifiy $ N/A N/A Other N/A DESCRIPTION OF OPERATIONS/LOCATIONSA(FmICLES In the event of any material change in or cancellation of said policies, the Insumd's Representative Issuing this Cer"cate intends to, but is not obrrgefed to, nosy the party to whom this Certificate is addressed or such change or cancellation. The COMPANY undertakes no responsibility by reason of any failure of the Insured's Representatve to provide such notlflradon. This Certificate issued to: This Ceftifl ' sued by: City of Fort Collins By PO Box 580 Wifrance e c Fort Collins, CO 80522-OSBO Name of Insured's Reprtis flue lY1-60446 (0612002) 06 DATE(M ACORD,. CERTIFICATE OF LIABILITY INSURANCE 02/28/20'1'YY)� 28/2006 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY PRODUCER AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS Pinnacol Assurance CERTIFICATE DOES NOT AMEND, EXTEND OR ALTER THE COVERAGE 7501 E Lowry Blvd DENVER CO 80230-7006 AFFORDED BY THE POLICIES BELOW. INSURERS AFFORDING COVERAGE NAIC # Pinnacol Assurance 41190 INSURED INSURER — T & J TRUCKING INC NsuRERB NsuRERc 8739 NORTH TAFT HILL ROAD INSURER FORT COLLINS CO 80524 INSURER E. COVERAGES 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. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. INSR ADD'L POLICY EFFECTIVE POLICY EXPIRATION LTR INSRD TYPE OF INSURANCE POLICY NUMBER DATE(MM/DD,YYYY) DATE(MM/DD/YYYY) LIMITS GENERAL LIABILITY EACH OCCURRENCE DAMAGE TO RENTED COMMERCIAL GENERAL LIABILITY CLAIMS MADE 11 OCCUR PREMISES (Ea occurrence) MED EXP (Any ane person) PERSONAL It ADV INJURY GEN'L AGGREGATE LIMIT APPLIERS PER'. GENERAL AGGREGATE PRODUCTS - COMP/OP AGG POLICY PROJECT LOC AUTOMOBILE LIABILITY COMBINED SINGLE LIMIT ANY AUTO (Ea accident) BODILY I W URY ALL OWNED AUTOS SCHEDULED AUTOS (Per person) BODILY INJURY HIRED AUTOS NON -OWNED AUTOS (Per accident) PROPERTY DAMAGE (Per accident) GARAGE LIABILITY AUTO ONLY - EA ACCIDENT OTHER THAN EA ACC ANY AUTO AUTOONLY-. AGO EXCESS/UMBRELLA LIABILITY EACH OCCURRENCE OCCUR CLAIMS MADE AGGREGATE DEDUCTIBLE RETENTION $ WORKERS COMPENSATION AND WCSTATU-_U OTHER EMPLOYERS' LIABILITY TORY LIMITS E.L EACH ACCIDENT d� $100,000 A ANY PROPRIETOR/PARTNER/EXECUTIVE 4054162 03/01/2006 03/01/2007 E.L. DISEASE EA EMPLOYEE $100,000 OFFICER/MEMBER EXCLUDED? E.L. DISEASE - POLICY LIMIT $500,000 Ityes, please describe under SPECIAL PROVISIONS below OTHER DESCRIPTION OF OPERATIONS / LOCATIONS / VEHICLES / EXCLUSIONS ADDED BY ENDORSEMENT / SPECIAL PROVISIONS SEE BACK OF CERTIFICATE FOR CLASS COVERAGE AND OWNERSHIP COVERAGE DETAIL CERTIFICATE HOLDER CANCELLATION 892223 SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE CITY OF FORT COLLINS EXPIRATION DATE THEREOF, THE ISSUING COMPANY WILL ENDEAVOR TO MAIL ATTN: JAMES O'NEAL 30 DAYS WRITTEN NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE LEFT, PO BOX 580 BUT FAILURE TO MAIL SUCH NOTICE SHALL IMPOSE NO OBLIGATION OR FORT COLLINS CO 80522 LIABILITY OF ANY KIND UPON THE COMPANY, ITS AGENTS OR REPRESENTATIVES. AUTHORIZED REPRESENTATIVE Kristin Trujillo ACORD 25 2001108 Underwriter ACORD CORPORATION 1988 fRUJILKJ Undemrder 02/2810609:25:58 4054162 Updated. 12/15/199912:00 Uu UW1;b