HomeMy WebLinkAboutMCEVOY AND SONS 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
McEvoy and Sons,lnc., 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:
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EXHIBIT D
AFFIDAVIT PURSUANT TO C.R.S. 24-76.5-103
swear or affirm under penalty of perjury under the laws of the
State of Colorado that (check one):
' I am a United States citizen, or
i 1 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.
Signature Da`
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 driver's 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 following forms of identification may be accepted through February 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 driver's 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 I-
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.
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City: Service Provider:
City of Fort Collins, Purchasing McEvoy and Sons, Inc.
PO Box 582 35703 West CR 25
Fort Collins, CO 80522 Eaton, CO
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.
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(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 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
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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 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.
17. Prohibition Against Employing Illegal Aliens. Pursuant to Section 8-17.5-101, C.R.S., et.
seq., Service Provider represents and agrees that:
A. As of the date of this Agreement:
1. Service Provider does not knowingly employ or contract with an illegal alien
who will perform work under this Agreement; and
2. Service Provider will participate in either the e-Verify 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 "e-Verify Program") or the Department Program (the "Department
Program"), an employment verification program established pursuant to Section 8-17.5-
102(5)(c) C.R.S. in order to confirm the employment eligibility of all newly hired
employees to perform work under this Agreement.
B. Service Provider shall not knowingly employ or contract with an illegal alien to perform
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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. Service Provider is prohibited from using the e-Verify Program or Department Program
procedures to undertake pre -employment screening of job applicants while this Agreement is
being performed.
D. If Service Provider obtains actual knowledge that a subcontractor performing work under
this Agreement knowingly employs or contracts with an illegal alien, Service Provider shall:
1. Notify such subcontractor and the City within three days that Service Provider 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 Service Provider 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.
E. Service Provider 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.
F. If Service Provider 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, Service Provider shall be liable for actual and consequential
damages to the City arising out of Service Provider's violation of Subsection 8-17.5-102, C.R.S.
G. The City will notify the Office of the Secretary of State if Service Provider violates this
provision of this Agreement and the City terminates the Agreement for such breach.
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 §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
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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
James B.-O'Neill Il, CPPO, FNIGP
(Director of Purchasing and Risk Management
Date: /j , (
By.
Wea0ra01re1.r
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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 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.
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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.
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.
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EXHIBIT C
Bid Schedule
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
$
$
7
TANDEM DUMP TRUCKS
TANDEM DUMP TRUCKS
W/PUP
Is
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
1, C
Are you a CorpoKation, Partnership, DBA, LLC, or PC
SIGNATURE
PRINT NAME
ADDRESS
PHONE
CELLPHONE 1-/0
FAX Zv —
EMAIL /'Y1 c C UAI)/ (� Ot C C211\
SA January 2005