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HomeMy WebLinkAboutContract - JG Dirtx - BID - 9945 Hauling Services 2024DocuSign Envelope ID: DFECAFA4-CB09-46D8-80D2-B4F64BC01D88 DocuSign Envelope ID: DFECAFA4-CB09-46D8-80D2-B4F64BC01D88 BID 9945 Hauling Services 2024 Page 20 of 23 consent of the City. 11. 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. 12. Warranty. The Service Provider represents and warrants that all services provided hereunder will be performed in a good and workmanlike manner and in conformance to the requirements of this Agreement. Service Provider further warrants that as of the Effective Date it has, and that at all times during the term hereof it shall have and maintain, at its sole expense, all licenses, certifications, approvals, insurance, permits, and other authorizations required by law to perform its obligations hereunder. Any revocation, withdrawal or non- renewal of licenses, certifications, approvals, insurance, permits or any such similar requirements necessary for Service Provider to properly perform the terms of this Agreement is a material breach by Service Provider and constitutes grounds for termination of this Agreement. 13. 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. 14. 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. 15. 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. 16. 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 DocuSign Envelope ID: DFECAFA4-CB09-46D8-80D2-B4F64BC01D88 BID 9945 Hauling Services 2024 Page 21 of 23 under this Agreement of the type and with the limits specified within Exhibit C, consisting of two (2) pages, attached hereto and incorporated herein by this reference. In the event the Service Provider is exempt from Workers’ Compensation, the Service Provider shall complete Exhibit D – Certificate of Exemption from Statutory Workers’ Compensation Law and Acknowledgement of Risk/Hold Harmless Agreement, consisting of one (1) page, attached hereto and incorporated herein by this reference. The Service Provider, before commencing services hereunder, shall deliver to the City's Purchasing Director, P. O. Box 580, Fort Collins, Colorado 80522, one copy of a certificate evidencing the insurance coverage required from an insurance company acceptable to the City. 17. 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. 18. 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. 19. Prohibition Against Unlawful Discrimination. The City of Fort Collins, in accordance with the provisions of Title VI of the Civil Rights Act of 1964 (78 Stat. 252, 42 US.C. §§ 2000d to 2000d-4) and the Regulations, hereby notifies all bidders that it will affirmatively ensure that any contract entered into pursuant to this advertisement, disadvantaged business enterprises will be afforded full and fair opportunity to submit bids in response to this invitation and will not be discriminated against on the grounds of race, color, or national origin in consideration for an award. The City strictly prohibits unlawful discrimination based on an individual’s gender (regardless of gender identity or gender expression), race, color, religion, creed, national origin, ancestry, age 40 years or older, marital status, disability, sexual orientation, genetic information, or other characteristics protected by law. For the purpose of this policy “sexual orientation” means a person’s actual or perceived orientation toward heterosexuality, homosexuality, and bisexuality. The City also strictly prohibits unlawful harassment in the workplace, including sexual harassment. Further, the City strictly prohibits unlawful retaliation against a person who engages in protected activity. Protected activity includes an employee complaining that he or she has been discriminated against in violation of the above policy or participating in an employment discrimination proceeding. The City requires its Service Providers to comply with the City’s policy for equal employment opportunity and to prohibit unlawful discrimination, harassment and retaliation. This requirement applies to all third-party Service Providers and their subcontractors at every tier. 20. Public Contracts for Services. The Service Provider verifies, warrants, and agrees that it is aware of, and if applicable shall comply with, C.R.S. Sec. 8-17.6-101 and -102 in its employment, contracting and subcontracting practices with respect to performing work under this Agreement. In the event the Service Provider fails to comply with any requirements of C.R.S. Sec. 8-17.6-101 and -102, the City may terminate this Agreement for breach and, if DocuSign Envelope ID: DFECAFA4-CB09-46D8-80D2-B4F64BC01D88 BID 9945 Hauling Services 2024 Page 22 of 23 so terminated, the Service Provider shall be liable for actual and consequential damages. 21. Governmental Immunity Act. No term or condition of this Agreement shall be construed or interpreted as a waiver, express or implied, of any of the notices, requirements, immunities, rights, benefits, protections, limitations of liability, and other provisions of the Colorado Governmental Immunity Act, C.R.S. § 24-10-101 et seq. and under any other applicable law. 22. Colorado Open Records Act. The City is subject to Sec. 24-72-201 et seq. of the Colorado Revised Statute (CORA). This Agreement is subject to public disclosure in whole pursuant to CORA. 23. Dust Control. The Service Provider shall abide by the City of Fort Collins “Dust Control and Prevention Manual,” which is available for public download at https://www.fcgov.com/airquality/pdf/dust-prevention-and-control-manual.pdf, and is incorporated herein by this reference. The City of Fort Collins has implemented this manual for all projects performed for the City of Fort Collins or located within the City of Fort Collins City limits. DocuSign Envelope ID: DFECAFA4-CB09-46D8-80D2-B4F64BC01D88 DocuSign Envelope ID: DFECAFA4-CB09-46D8-80D2-B4F64BC01D88 3/27/2024 BID 9945 Hauling Services 2024 Page 9 of 23 EXHIBIT A SCOPE OF WORK 1. Service Provider must be able to provide the equipment bid and a qualified driver Sunday through Saturday at any time, within twelve (12) hours of being called by the City Representative or designated Truck Boss. 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. Service Provider must own all trucks. 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 (other than Streets Department) may use this bid for hauling. Equipment and drivers shall report in at the time and location, as directed by the City Representative, mechanically sound and fully prepared to work a full day. Any tipping fees from the Larimer County landfill would be reimbursed at those fee rates (pass through) with included receipt. 3. All Drivers must have a valid CDL and be qualified to operate the equipment. Any driver who operates a commercial motor vehicle, as defined in §382.107, in intrastate or interstate commerce and is subject to the commercial driver’s license requirement of 49 CFR part 383 must be included in an alcohol and controlled substances testing program under the Federal Highway Administration’s rule. Documentation of proof must be submitted with this bid (see BID SUBMITTAL INSTRUCTIONS). 4. Drivers must be mentally and physically alert, and capable of maintaining safe control of their vehicle at all times. Drivers must be properly dressed for work in the construction environment. a. Hard Hats – American National Standards Institute (ANSI) approved, must be worn all times when outside a vehicle or equipment. b. Eye Protection – ANSI approved, must be worn when drivers are exposed to machines, equipment, or operations that present a potential eye injury. c. Footwear – suitable footwear that fits and provides adequate protection from hazards present at the construction site must be worn at all times. d. Safety Vests – ANSI Class II must be worn at all times on the job site or public right- of-way. Night work will require a Class III Safety Vest. e. Safety items listed in 4.a. thru 4.d. are the responsibility of the driver/Service Provider. f. No animals/pets are allowed on facilities or job sites. 5. All drivers must attend a Spring pre-construction meeting to review this scope of work. 6. All equipment must comply with all Department of Transportation (DOT), CDL, and any other local/State/Federal requirements including able to clear Port of Entry, Portable Scales, and possess current inspection stickers. Trucks must be equipped with an effective load covering DocuSign Envelope ID: DFECAFA4-CB09-46D8-80D2-B4F64BC01D88 BID 9945 Hauling Services 2024 Page 10 of 23 tarp, asphalt apron (asphalt lip), and backup alarms. Trucks shall always tarp all loads when hauling material. The City of Fort Collins reserves the right to inspect vehicles and to remove any truck from a jobsite that has equipment maintenance issues such as bald tires, leaks, and/or any issue which takes the equipment out of DOT compliance. Repeat issues of non-compliance may result in a suspension and/or contract termination. 7. All work shall be done in a professional, safe, courteous and efficient manner. The driver shall exercise the utmost courtesy to other drivers, the City, and the public. Foul language or gestures on the job and during radio communications is strictly prohibited. 8. Drivers must use appropriate sanitary facilities for restroom breaks as provided by the City on each job site or facility. 9. The City shall not be responsible for any equipment failures, damage to equipment, or maintenance required on the equipment. The Service Provider is responsible for all fuel required. 10. The City has adopted a “Limitation on Engine Idling” to discourage the idling of vehicle engines. The Service Provider must comply with turning off vehicles instead of idling for long periods (more than thirty seconds, as a general rule). The City also desires that Service Provider’s run biodiesel in their trucks. 11. Any damage caused by the Service Provider’s equipment or driver shall be the sole responsibility of the Service Provider. The Service Provider shall indemnify and hold harmless the City for any damage done by the Service Provider’s equipment/driver to any persons, property, or any part of the right-of-way. 12. At no time whatsoever shall the driver be considered or become a City employee. However, the driver must understand that their actions reflect upon the City. 13. The City will not guarantee hours. Service Providers will be used on an as-needed basis, based on rates, job site requirements, availability, type of equipment, and past performance in the event of a violation of the rules. The City reserves right to choose which Service Providers and trucks or tractor/trailers are utilized on each project that meets the best interests of the City. 14. In the event a Service Provider chooses to pull off a City project to work for another company or contractor, the City reserves the right to utilize other Service Providers in their place for the duration of the project at the City Representative’s discretion. Also, such Service Providers may not return to the project. Exceptions may be made at the City Representative’s discretion which may include mechanical breakdowns, illnesses, etc. 15. 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 or departure time from the Service Provider’s site) and will end after the last load is unloaded. In the event, that a project is cancelled for the day and the City Representative is unable to provide a one-hour cancellation notice, the Service Provider shall be paid a one hour show up time. Service Provider will get signed out at the jobsite if empty and are not needed any DocuSign Envelope ID: DFECAFA4-CB09-46D8-80D2-B4F64BC01D88 BID 9945 Hauling Services 2024 Page 11 of 23 further. If you are loaded and need to dump at Hoffman Mill you will have ½ hour added for your time for travel. 16. The City shall have the option to proceed with calling the next available Service Provider if the lowest cost Service Provider with the required equipment is not available and/or cannot commit to support the project duration or other project requirements. In case of a tie based on the hourly rates quoted, the City Representative will alternate calling the tied Service Providers. At the discretion of the City, Service Providers who were not included in the original bid may be added to the Agreement but will be added to the end of the list, regardless of price, upon submission of all required documentation and subsequent approval by the City. While the City intends to select Service Providers for each project based on rates, job site requirements, Service Provider availability, and equipment, the City reserves the right to choose the Service Provider best qualified to perform the work in the City’s sole judgement and discretion. 17. The City will award to all responsive and responsible bidders. However, the City intends to prioritize and utilize Service Providers based on price, availability, responsiveness, and equipment. All equipment or subcontracted equipment needs to be included on the bid form at time of the bid, with all requirements listed in the Bid Submittal. If new equipment or subcontracted equipment is requested to be added by the Service Provider, Service Provider shall issue this information along with all Bid Submittal requirements to the City for their review and approval. If accepted the City will issue Service Provider an amendment to their contract and this newly added equipment will be placed at the end of the call list. 18. The Service Provider must provide Workman’s Compensation insurance in accordance with Exhibit C of the Services Agreement, unless he Service Provider has no employees as defined by the Workers’ Compensation Act of Colorado, C.R.S. §§ 8-40-101, et seq., (the “Act”). In such event, the Service Provider shall complete the workman’s compensation waiver (Exhibit D). The Service Provider must immediately notify the City of any changes to this status. 19. If changes occur, the Service Provider must provide a driver’s name with copy of CDL driver’s license, insurance including liability/workman’s compensation and proof of alcohol and controlled substances testing program under the Federal Highway Administration’s rule. It is the Service Provider’s responsibility to immediately send any changes in drivers to the City Purchasing department and include the required above documentation. Non- compliance may result in a suspension and/or contract termination. 20. The City of Fort Collins has adopted a Dust Prevention and Control Manual: http://www.fcgov.com/purchasing/pdf/dust_prevention_control_manual.pdf. All operations conducted under this Agreement shall be performed in accordance with the stated procedures and requirements. 21. Invoices & Payments: Invoices for services should be emailed upon completion of the Work, or as otherwise specified in the Agreement, to the City Representative and to invoices@fcgov.com. The cost of the work completed shall be paid to the Service Provider on Net 30 terms following the submittal of a City Representative approved invoice by the Service Provider indicating the Purchase Order number, project name and address, task description, hours worked, personnel/work type category, hourly rate for each employee/work type DocuSign Envelope ID: DFECAFA4-CB09-46D8-80D2-B4F64BC01D88 BID 9945 Hauling Services 2024 Page 12 of 23 category, date of the work performed specific to the task, percentage of that work that has been completed by task (if applicable), 3rd party supporting documentation with the same detail (if applicable) and a brief progress report (if applicable). 22. The City reserves the right to discipline companies for violations of these rules. The first violation may result in a written warning and removal from job site. Any subsequent violation may result in, depending on the violation, suspension and/or contract termination. In addition, the City reserves the right to suspend and/or terminate the contract for violations of the rules without a written warning depending on the severity of the violation and may result in an exclusion from participating in future bids for a period up to (3) years. DocuSign Envelope ID: DFECAFA4-CB09-46D8-80D2-B4F64BC01D88 DocuSign Envelope ID: DFECAFA4-CB09-46D8-80D2-B4F64BC01D88 12 5 . 0 0 DocuSign Envelope ID: DFECAFA4-CB09-46D8-80D2-B4F64BC01D88 DocuSign Envelope ID: DFECAFA4-CB09-46D8-80D2-B4F64BC01D88 BID 9945 Hauling Services 2024 Page 15 of 23 EXHIBIT C 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 reduce coverage or limits and will not be cancelled, except after thirty (30) 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 /insurers 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 $1,000,000 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. DocuSign Envelope ID: DFECAFA4-CB09-46D8-80D2-B4F64BC01D88 DocuSign Envelope ID: DFECAFA4-CB09-46D8-80D2-B4F64BC01D88 DocuSign Envelope ID: DFECAFA4-CB09-46D8-80D2-B4F64BC01D88