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HomeMy WebLinkAboutVARIOUS VENDORS SEE LIST - CONTRACT - BID - SNOW AND ICE ANNUAL (2)CITY OF FORT COLLINS BID PROPOSAL BID #5491 HAULING BID OPENING: APRIL 18, 2000 3.00 o m (our clock) WE HEREBY ENTER OUR BID FOR THE CITY OF FORT COLLINS' REQUIREMENTS FOR HAULING PER THE BID INVITATION AND ANY REFERENCED SPECIFICATIONS: ATTENTION: SPECIAL INSTRUCTIONS The City is changing procedures for signing of the Service Agreement and acquiring the insurance certificate. The Service Agreement that is included with the bid documents will become your contract. Please sign it. If any vendor wants a copy of their service agreement after the bid is awarded and signed by the City, please check below. The City is requiring the following to be included with your bid: 1) Copy of you insurance naming the City of Fort Collins as an additional insured 2) Your bid amount in the bid schedule. This will become your Exhibit "C" in the Service Agreement. 3) Please sign the Service Agreement and date it 4) All questions should be directed to John Stephen at (970) 221-6777 Please send my company a copy of the Service Agreement 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 EXHIBIT B INSURANCE REQUIREMENTS The Service Providerwill 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 IPA LuwKADO DEPARTMENT OF LABOR AND EMPLOYMENT DIVISION OF WORKERS' COMPENSATION REJECTION OF COVERAGE BY CORPOR-ATE OFFICERS OR MEMBERS OF A LIMITED LIABILITY COMPANY (LLC) PART B Corporate Officer or LLC Member Questionnaire I. Name of Corporation or LLC O'Neill Trucking, r.rr 2. Mailing Address 12378 N. Co. Rd. 7 Wellington, CO 80549 Street or P.O. Box, Unit/Suite Ciry State 3. Federal Employer Identification Number 75-2995816 4. Officer or Member Name Pat O'Neill 5. Social Security # 521-72-0257 6. Corporate Officer Title Manager 7. Business Phone (970) 568-7927 8. Date Officer Member Elected February 11, 2002 9. Duties performed for Corporation or LLC Control supervise artd mans e the busines affair 10. Mark ONE that Applies: of the LLC. LY I hereby elect to reject workers' compensation insurance coverage based on C.R.S.. 341-202 (Non-agricultural). By signing this form, you are acknowledging your rejecrion of all benefits under the Workers' Compensation Act. You are further acknowledging that you are an owner of at least 10% of the stock of the corporation or at least 10% of the membership interest of the LLC at all times, and control. supervise or manage the business affairs of the corporation or LLC. The election to reject workers' compensation insurance as a corporate officer/LLC member must be voluntary and cannot be a condition of your employment. t ❑ 1 11. Notary Subscribed my previously filled rejection of coverage. Corporate Officer; LLC Member "Ar %k man _ G'�sJbe• h'1a e. 7 - Date be before this -7 day of �.`2� Notary P9r,C d " / In and for Lp r' w County r and C©lo 1, 40 State z .... My commission expires ro C.R.S. Section 10-1-127(7)(a) states: "It is unlawful to knowingly provide false. incomplete, or misleading facts or information to an insurance company for the purpose of defrauding or attempting to defraud the companv. Penalties may include imprisonment, nes. denial of insurance, and civil damages. Any insurance company or agent of an insurance company who knowingly provides alse. incomplete or misleading facts or information to a policyholder or claimant for the purpose of defrauding or attempting to defraud the policyholder or claimant with regard to a settlement or award payable from insurance proceeds shall be reported to the Colorado Division of Insurance within the Department of Regulatory Agencies." No Text STATE OF COLORADO MOTOR VEHICLE RECORD NAME : PATRICK JAMES ONEILL ADDRESS: 12378 N CO RD 7 WELLINGTON CO 80549 PREVIOUS NAME COLORADO PIN 92-172-8892 DOCUMENT TYPE ADULT CDL LICENSE DOCUMENT NUMBER: 92-172-8892 HEIGHT: 5 07 WEIGHT: 180 HAIR BLONDE EYES BLUE DONOR N SEX MALE ENDORSEMENTS: HAZARDOUS AND TANKER DOUBLES/TRIPLES RESTRICTIONS: **NONE** PREVIOUS STATE AND LICENSE NOT APPLICABLE REGULAR LICENSE STATUS VALID COMMERCIAL LICENSE STATUS VALID DATE: 05/02/02 TIME: 09:52:31 PAGE: 01 CDL CLASS : A ISSUE DATE: 06/20/2000 EXPIRATION: 11/23/2004 BIRTH -DATE: 11/23/1958 -----------------------------------RECORD------- ---------------------------- **** END OF MOTOR VEHICLE RECORD **** "ACCIDENT" REFLECTS INVOLVEMENT ONLY AND DOES NOT IMPLY FAULT AS OF THE PRINTED DATE OF THIS MOTOR VEHICLE RECORD, THIS REPORT SERVES AS A CLEARANCE LETTER. THE ABOVE NAMED PERSON IS ELIGIBLE TO APPLY FOR A DRIVER LICENSE IN THE STATE OF COLORADO OR ANY OTHER JURISDICTION. i ANY UNPAID TICKETS MUST BE PAID TO THE COURT SHOWN EXCEPT UNPAID PENALTY ASSESSMENT WHICH MUST BE PAID TO THE DEPARTMENT OF REVENUE AT: 1881 PIERCE ST. LAKEWOOD, CO. Mobile Lab 5004 Lynnwood Ct., Loveland, Colorado 80537 Ph (970) 391-9677 Fax (970) 613-9009 Drug free workplace, TPA, Consortium management. To: Pat Oneill Oneill Trucking 12378 North County Road 7 Wellington, CO 80549 Certification of Enrollment in Random Selection R0001079 9/17/02 8:37:18AM Generated on 7/23/02 Number of your employees eligible for selection: 1 Number of your employees selected for Drug testing only: 0 Number of your employees selected for Alcohol testing only: 0 Number of your employees selected for dual Druq/Alcohol testing: 0 Total number of vour emplovees selected for testing: 0 Number of your employees reserved as Alternates for Drug and/or Alcohol Testing: 1 Total number of participants in this random pool: 502 Total number of participants selected from this random pool: 76 Total percentage of eligible participants selected from this random pool: 15.14 % This document certifies that your company's employees are subject to computer - generated random selections for alcohol and/or drug testing. You should store this document withyourother permanent drug testing records. A zed Signature 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 three (3) 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. BID SCHEDULE #5491 You may attach a separate page with an equipment list. Please include Firm name on it. EQUIPMENT YR MAKE MODEL CU.YDS. HP $/HR. TRACTOR/TRL — $ TRUCKS — _ $ — $ TANDEM — — $ DUMP — TRUCKS Aete FCCk YLS $ �Y5.6 TANDEM — $ DUMP — TRUCKS — $ WITH — PUP — — $ $ OTHER _ — $ EQUIPT — (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 CJ' Arm u a Corporation, Partnership, DBA, LLC, or SIGNATURE A-11Y i'7' f7�� PRINT NAME 1A-7— O1Ve."1/ ADDRESS /2-378 Nc2 7 bvellwij &,A Co 90-5-f9 PHONE/FAX# ! 70-s&g-'7qa-7 Flo ` 70 -At 7 - -'t07(o �yvicL� 1 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 O'Neill Trucking, LLC, 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 two (2) pages, and incorporated herein by this reference. 2. Contract Period. This Agreement shall commence September 18, 2002, and shall continue in full force and effect until April 1, 2003, 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 one (1) 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 parry 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, SA 10/97 R 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: Service Provider City of Fort Collins Streets Dept. O'Neill Trucking, LLC Stan Welsch 12378 N. County Rd. 7 P.O. Box 580 Wellington, CO 80549 Fort Collins, CO 80522 Phone # 970-217-4076 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 (2) 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. The City shall not be responsible for withholding any portion of Service Provider's compensation SA 10/97 II 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 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. SA 10/97 12. Remedies. In the event a party has been declared in default, such defaulting party shall be allowed a period often (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 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 SA 10/97 11 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 10 SA 10/97 CITY OF FORT COLLINS, COLORADO a municipal corporation By: lJ y l4_ I`� L Jame O' eill II, CPPO, FNIGP Direct r of urchasing and Risk Management Date: f0�? 34 0 1 O'Neill Tr ckin�gi7I L7LC Q� By: PRINT NAME Ph g7D-o-2/7--1/07& Cn 040'1 970 - 5'19 --79a7 11