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HomeMy WebLinkAbout485433 JOHNSON TRUCKING - CONTRACT - BID - 7210 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 Jphnson Trucking referred to as the "City" and , 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 1 page and incorporated herein by this reference. 2. Contract Period. This Agreement shall commence March 1, 2011, and shall continue in full force and effect until March 31, 2012, 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 periods. Renewals and pricing changes shall be negotiated by and agreed to by both parties. The Denver Boulder Greeley CPIU published by the Colorado State Planning and Budget Office will be used 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 3 SA rev03/10 EXHIBIT "B " 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 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. SA rev03/10 Mar 10 Z011 14:50:53 19705930624 MSG# B2741210-006-1 Page OOZ Of OOZ CERTIFICATE OF LIABILITY INSURANCE RCDUceR THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION JOEL S MILLER AGENCY, LLC ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AMEND, EXTEND OR 150 E 29th St Ste 156 1 ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW, Loveland, CO 80538 INSURERS AFFORDING COVERAGE Johnson Truoking IN3URER 8'. 408 E. 50th Street Loveland, CO 80538 NSUHFr F. rrnrA:T�mlxy NAIC N 'tHls POLICIES OF INSURANCE LISTED RELOIN HAVE BEEN IS91JE0 TO THE INSVRSD NAMED ALONE FOR ]HE POLICY PERK�Q INDICATED, NOWrHETANOIING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS GERT IFICATE MAY 8E iSSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES CESCRIBED HEREIN IS SUBJEr7 TO ALL THE TERMS. EXCLUSIONS AND CONDITIONS OF SUGi POLICIES AGGRSCATE LIMITS SHOIAN MAY HAVE DEEM PS[AJIX-D BY PAID CLAIMS T I aL -� yam- TYPE OF INBURAlN.'�E FQICV NlIM4 yl R POLICY EFFECTIVE DATEMM,DWYYYI FOLIOY f%PIRATION DATh WIIOUIYYY LIMITS GENERAL LIABILITY F.ACH CCCURREWE S 1 () 00 t� PREMISES (Ea aewere-; 100,000 COMMERCIAL GE'JERM LI481L1TY ICLAIMSMADE 10 OCCUR LIED E%P (Pmnrvp='wn) � 9Q� I A LGBGL51931R4- 09/12/10 09/12/11 PERswaaLenwINJURY s GENERAL AcC:a.CATE $ 2,000,000 52469775 LREN'LAUUkEOATEUM11APPLIES PER . FkODUUI'3.(:tNAPrLF AGG I1- T,_L..A.}I.L QA-It,AI,It P!II.ICY FCi L!T(' AUYv'h.1OUILE LAU:ILI I'T _�.. ANYAUTO C:JtA 81NE0 GIN4L.E LIMIT (e:I acolUaRB a 1,000,000 UWIILT INJURY ALL MN NLU All ras SCHEDULFD ALTOS (PT L'^TWR) 13 HIrw AUToc NON OWNCD AUTO5 FCFICV249929 05/09/10 05/09/11 BWUT wjURy 01" eccide.�B i VRGPERTY UAMaOE (P., ucc M) 5 GARAOE VANLITv AVTO(ONL!-F.AACCID=NT 3 OWER THAN EAAV2 3 ANYAUTO Y AUTOCDNLY: AGO ERCE5IUMBRELLA LIABILITY EACH_ OCC'182REtIDE ..,�.....,—�. 3 I:)CCLIR C--I GWMZW1A AI'-REnATe�. $.�...........�........, _-- 3 'a DEDUCTIBLE RETr.NNCN a COMPENSATION ANO EMPLOYERS AND EMPI1[IYBt2' LIAEILITY YIN YVY', :SLAT 1. TSJRY LIMIT_ � f'R GL EACH ACOOEN I' '}: ANY PRf)RRIE'IIII'ARTNERIEXE(•ITNE OFFICERRACUNCR [%CWTJEriI L C� ^� (M:aWvlAry 1. NH) IEI,. pI5Fi1SE E.IEMPLCrcEE L It,, Mpxenpp um., -- FL PISFASC Fi"ll.v:Y I'MIt - $ GAEi14l,f H(},ll$I(JN:; fplpry _ OTHCR - —" DE SCEIPTIOH OF OPERATIONS /LOGTICNS VEHICLF3 (EXGLU3tWl AOUEO BY ENMRGEMENT I.9PECOL PROJISIONS FOR HIRE HAULING **10 days notice for non-payment of premium CERTIFICATE HOLDER CANCELLATION City P.O. FORT of Ft. Collins Box 580 COLLINS, CO 80524 SHOULD ANYOF THE ABOVE DESCRIBED POLICIES BE CANCELLED DCPORC THE SXRIRATIDN DATE THERF.09. THE 135UINO NIURER WILL ENDEAVOR TO MAIL DAYS WRITTEN NOTICE TO THECERTIFICATE HOLDER NAMED TO THE LEFT, BUT FAILURE TO 00 30 SHALL IMPOSE NO OaLIOATION OR LIABILITY OF ANY KIND UPON THE INWHER, ITS AOENN OR REPRESENTATIVE$. AtITH,Qx(IZED REFNEGLNIA.UVE , FAX (970)221-6707 ACC RD 20 J2009/01) C, 1988-2009(AC9 _QqOR.PQRATAON' All rights reserved. The ACORD name and logo are reyistered marks of ACO /W EXHIBIT "C" BID SCHEDULE 7210 Hauling You may attach a separate page with an equipment list— Please include Contractor name on it. TANDEM DUMP TRUCKS 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 Citys bidding list for a period of three years. PRINT NAME Opi T�wsoN. ADDRESS yO P £ SD M S�- PHONEg26-613-6%7S CELL PHONE 9 FAX EMAIL_2 EXHIBIT D The following is a written waiver under the Workers' Compensation laws of the State of Colorado for a Sole Proprietor. The Sole Proprietor must provide the following information, sign, and return the form to the City of Fort Collins Purchasing. ✓✓ I am a sole proprieto I and I am doing business as T) II M 5m1, !C� Kr n4 (name of Sole Proprietor's business). I am performing work as an independent contractor for the City of Fort Collins, and therefore; I do not need to provide workers' compensation insurance. I understand that if I have any employees working for me, I must maintain workers' compensation insurance on them and will send copies to the City within 30 days. Name of Sole Proprietor (UeS as kL Sat (Y CDL No. 9 .3Os- os_5-1 Telephone No. 9 %10 - Address/P.O. Box yD ry �• _S/�+J City �d, State t_.e . Zip Code Signature of Sole Proprietor wwt- �— Date _ 3- E-Mail addressNay cam the following addresses: City of Fort Collins Attn: Purchasing 3-0 S PO Box 580 Fort Collins, CO 80522 )) o k%50-L �i uCk/n Z yd tip £ ns)" lr>7-YXAxd �bs3,F 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, per the attached Exhibit "A", consisting of one 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 4 SA rev03/10 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 Rem 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 I•1 SA rev03/10 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 indemnity 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) page, 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, 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. 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 N SA rev03/10 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 Emolovinp 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 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 SA rev03/10 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. I. 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. SA rev03/10 CITY OF FORT COLLINS, COLORADO a municipal corporation 24?tA� ei II, CPPO, FNIGP Dir of PurchasingandRisk Management Date: J ll eS 7To" srwt_ PRINT AME. rP it�F.(-'� CORP RATE PRESIDENT OR VICE PRESIDENT Date: 3 - / - // ATTEST: (Corporate Seal) CORPORATE SECRETARY SA rev03/10 BID #7210 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 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. 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. 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. All Drivers must have a valid CDL license, and be qualified to operate the equipment. Any driver (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 alcohol and controlled substances testing program under the Federal Highway Administration's rule. Documentation of proof must be submitted with this bid prior to performing work for the City of Fort Collins. 4. Drivers must be mentally and physically alert, and capable of maintaining safe control of their vehicle. Drivers must be properly dressed for work in the construction environment. a. Hard Hats — 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. e. No Animals / pets are allowed on facilities or job sites. 5. All drivers must attend a pre -construction meeting to review the scope of work. 6. All equipment must comply with all DOT, CDL, and any other local/State/Federal requirements including able to clear Port of Entry, Portable Scales, and posses current inspection stickers. Trucks must be equipped with an effective load covering tarp, asphalt apron (asphalt lip), and backup alarms. 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 including language on the job and during radio communications. 8. Drivers must use appropriate sanitary facilities 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 vendor is responsible for all fuel required. 10. The City has adopted a "Limitation on Engine Idling" to discourage the idling of vehicle engines. Contractor must comply with turning off vehicles instead of idling for long periods (more than three minutes, as a general rule). 11. 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. 12. At no time whatsoever shall the driver be considered or become a City employee. However the driver must understand that their actions represent the City since that is the citizens' perception. 13. The City will not guarantee hours. Vendors will be used on an as -needed basis, depending on job site, availability and type of equipment. 14. 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. In the event, that a project is cancelled for the day or the City Representative is unable to provide adequate cancellation notice the Vendor shall be paid one hour show up time. 15. 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. 16. 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-LI 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. 17. The City does not intend to award to one vendor, but will issue multiple awards. 18. All drivers must provide Workman's Compensation insurance unless you own and drive your own truck. Owners who do not sub lease their trucks must provide a completed workman's compensation waiver, Exhibit D, each renewal year. Owner must notify the City of any changes. 19.Owners who sub lease a truck must provide a drivers 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 owner's responsibility to immediately send any changes in driver's, to the City Purchasing department, and include the required above documentation. Non-compliance could be terms of contract cancellation.