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HomeMy WebLinkAboutJW 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 J W 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 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 2009 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 two (2) 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 EXHIBIT D AFFIDAVIT PURSUANT TO C R S 24 76 5 103 N t c wear or affirm under penalty of perjury under the laws of the State of Colorado that (check one) v 1 am a United States citizen or I am a Permanent Resident of the United States or I am lawfully present in the United States pursuant to Federal law I understand that this sworn statement is required by law because I have applied for a public benefit I understand that state law requires me to provide proof that I am lawfully present in the United States prior to receipt of this public benefit I further acknowledge that making a false fictitious or fraudulent statement or representation in this sworn affidavit is punishable under the criminal laws of Colorado as perjury in the second degree under Colorado Revised Statute 18 8 503 and it shall constitute a separate criminal offense each time a public benefit is fraudulently received / --), s Date INTERNAL USE ONLY Valid forms of identification current Colorado driver s license minor driver s license probationary driver s license commercial driver's license restricted drivers license instruction permit current Colorado identification card U S military card or dependent identification card U S coast guard merchant mariner card Native American tribal document The f ol lowi no forms of identification ma be acce led throu h Februa 28 2007- original birth certificate from any state of the United States certificate verifying naturalized status by U S with photo and raised seal certificate verifying U S citizenship by U S government e g U S passport order of adoption by a U S court with seal of certification - valid drivers license from any state of the U S or the Dist of Columbia excluding AK HI IL MD MI NE NM NC OR TN TX UT VT and WI valid immigration documents demonstrating lawful presence e g current foreign passport with current 1 551 stamp or visa current foreign passport with 1 94 1 94 with asylum status unexpired Resident Alien card Permanent Resident card or Employment Authorization card 'A waiver may be available where no identification exists or can be obtained due to a medical condition homelessness or insufficient documentation to receive a Colorado I D or driver s license Contact your department director SA January 2005 10 Jan 28 2008 11 59RM BILL COFER STRTE FRRM 970 223 7919 p 3 CERTIFICATE OF INSURANCE SUCH INSURANCE AS RESPECTS THE INTEREST OF THE CERTIFICATE HOLDER NAMED BELOW WILL NOT BE CANCELED OR OTHERWISE TERMINATED WITHOUT GMNG 1U DAYS PRIOR WRITTEN NOTICE TO THE CERTIFICATE I TE WRITTEN THIS CERTIFICATE SINSURANCE DOES NOTHANGE HE COVERAGE PROVIDED BY THIS CERTIFICATE BE VALID MORE THAN 30 DAYS FRO THE DATE ANY POLICY DESCRIBED BELOW This cerbfies that. ❑ STATE FARM MUTUAL AUTOMOBILE INSURANCE COMPANY of Bloonngton Illinois ® STATE FARM FIRE AND CASUALTY COMPANY of Sborrilrrgton tMnols ❑ STATE FARM COUNTY MUTUAL INSURANCE COMPANY OF TEXAS of Dallas Texas or ❑ STATE FARM tNDEMNRTY COMPANY Of Bloomington Illnois has coverage in force forme rnarrem Men..f t..m.— .._ -— _ _____... .......... ......aw as auoeiur ue1VW" NAMEDINSURED JW Txtickinq Inc ADDRESS OF NAMED INSURED 600 Louise Ln Fort Coll***. CO 80521-3037 POLICY NUMBER 055-7203-D08-06I EFFECTIVE DATE OFPOUCY 10/08/07-04/08/08 DESCRIPTIONOF 1990 Xer=rth VEHICLE (hwkwq VIN) T600 Dump Truck 1X1QADB9X5LJ551242 LIABILITY COVERAGE ® YES ❑ NO ❑ YES ❑ NO ❑ YES ❑ NO ❑ YES ❑ NO LIMITS OF LIABILITY a Bodily Injury Each Penton N/A -- see below Each Accident N/A b Property Damage Each Accident N/A c Bodily Injury $ Property Damage Single Limit Each Accident Sl DOD 000 PHYSICAL DAMAGE COVERAGES ® YES ❑ NO ❑ YES ❑ NO ❑ YES ❑ NO ❑ YES ❑ NO a Com ehenstve $ 1000 OediicflWe $ DedixtlEb $ b Collision ® YES ❑ NO ❑ YES ❑ NO ❑ YES ped ❑ NO ❑ YES ble ❑ NO EMPLOYERS NON-OWNW $ SflDO Deduafte $ Deduome $ Deduo" $ DeducdWe CAR LIABIDTY COVERAGE HIRED ❑ YES ® NO ❑ YES ❑ NO ❑YES ❑ NO ❑YES ❑ NO CAR LIABILITY COVERAGE FLEET ❑ YES NO ❑ YES ❑ NO ❑YES ❑ NO (I YES ❑ NO COVERAGE FOR ALLWEDAND MOTOR ❑ YES ® NO ❑ YES ❑ NO ❑YES ❑ NO ❑ YES ❑ NO city of Fort Fax 221-6707 344 E Foothills Pkwy M7 Fort Collins CO 80525 tii4'A.j Rev 06.1a8e01--ro...w..m.Ra.mce�e w eaiurenoe Mr llbbiayCoverege. Requeel Certiftdo Holler to be added o an Addkkma Insured City Service Provider City of Fort Collins Purchasing J W Trucking Inc PO Box 582 2007 Rockport Court Fort Collins CO 80522 Fort Collins CO 80528 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 Providers obligations under this Agreement Such payment shall be the Service Providers 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 Providers 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 Warren (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 $A 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 parry 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 parry the defaulting party shall be liable to the non -defaulting party for the non -defaulting partys 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 Jan a, 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 Providers 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/Severabdity 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 17 Prohibition Against Employing Illegal Aliens This paragraph shall apply to all Contractors whose performance of work under this Agreement does not involve the delivery of a specific end product other than reports that are merely incidental to the performance of said work Pursuant to Section 8- 17 5-101 C R S et seq Contractor represents and agrees that A As of the date of this Agreement 1 Contractor does not knowingly employ or contract with an illegal alien and 2 Contractor has participated or attempted to participate in the basic pilot employment verification program created in Public Law 208 104th Congress as amended and expanded in Public Law 156 108th Congress as amended administered by the United States Department of Homeland Security (the Basic Pilot Program ) in 4 SA January 2005 order to confirm the employment eligibility of all newly hired employees B Contractor shall not knowingly employ or contract with an illegal alien to perform work under this Agreement or knowingly enter into a contract with a subcontractor that knowingly employs or contracts with an illegal alien to perform work under this Agreement C Contractor shall continue to apply to participate in the Basic Pilot Program and shall in writing verify same every three (3) calendar months thereafter until Contractor is accepted or the public contract for services has been completed whichever is earlier The requirements of this section shall not be required or effective if the Basic Pilot Program is discontinued D Contractor is prohibited from using Basic Pilot Program procedures to undertake pre- employment screening of job applicants while this Agreement is being performed E If Contractor obtains actual knowledge that a subcontractor performing work under this Agreement knowingly employs or contracts with an illegal alien Contractor shall 1 Notify such subcontractor and the City within three days that Contractor has actual knowledge that the subcontractor is employing or contracting with an illegal alien and 2 Terminate the subcontract with the subcontractor if within three days of receiving the notice required pursuant to this section the subcontractor does not cease employing or contracting with the illegal alien except that Contractor shall not terminate the contract with the subcontractor if during such three days the subcontractor provides information to establish that the subcontractor has not knowingly employed or contracted with an illegal alien F Contractor shall comply with any reasonable request by the Colorado Department of Labor and Employment (the Department ) made in the course of an investigation that the Department undertakes or is undertaking pursuant to the authority established in Subsection 8- 17 5-102 (5) C R S G If Contractor violates any provision of this Agreement pertaining to the duties imposed by Subsection 8 17 5-102 C R S the City may terminate this Agreement If this Agreement is so terminated Contractor shall be liable for actual and consequential damages to the City arising 5 SA Jawary 2005 out of Contractors violation of Subsection 8-17 5-102 C R S H The City will notify the Office of the Secretary of State if Contractor violates this provision of this Agreement and the City terminates the Agreement for such breach 18 Any person (contractor) who operates a commercial motor vehicle as defined in §382107 in intrastate or interstate commerce and is subject to the commercial drivers 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 provided prior to performing work for the City of Fort Collins 19 Special Provisions Special provisions or conditions relating to the services to be performed pursuant to this Agreement are set forth in Exhibit D consisting of one (1) page attached hereto and incorporated herein by this reference CITY OF FORT COLLINS COLORADO a municipal corporation By Ja esJO'Neil lII CPPO FNIGP Dire or of Purchasing and Risk Management Date_ 1AKID J W Trucking Inc By e it), T NAME 6 M January 2005 EXHIBIT A 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 vendors 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 Providers 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 & Employers Liability The Service Provider shall maintain during the life of this Agreement for all of the Service Providers employees engaged in work performed under this agreement 1 Workers Compensation insurance with statutory limits as required by Colorado law 2 Employers 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 subcontractors insurance SA January 2005 8 EXHIBIT C Bid Schedule You may attach a separate page with an equipment list-- Please include Firm name on it EQUIPMENT TRACTOR/TRL YR MAKE MODEL CY YDS HP $/HR $ TRUCKS w /ppJ �5 oU $ 5� TANDEM DUMP TRUCKS $ /PDPM DUMP TRUCKS Qp K r� rloop as ��s $ 7oZ $ $ $ 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 vendors name from the City's bidding list for a period of three years FIRM NAME ::� W rivc �ii ,$ SNC Are you a Corporation Partnership DBA LLC or SIGNA PRINT NAME_` -2� e 71-,� tc),` , c /t 19©7 c/� ao,,-r G PHONE g70—e217— 5/yj; CELL PHONE 9 70 — l7. r y6 FAX EMAIL SA January 2005