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Home My WebLink About485433 JOHNSON TRUCKING - CONTRACT - BID - 6113 SNOW AND ICE REMOVALSERVICES.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 Johnson Trucking, 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. Services to be Performed. This Contract shall constitute the basic agreement between the parties for removal of snow and ice from sidewalks, parking lots and streets located within the City of Fort Collins from designated properties in accordance with Exhibit A, attached hereto and by this reference made a part hereof. The conditions set forth herein shall apply to all services performed by the Service Provider on behalf of the City. The City shall notify Service Provider verbally, via email or fax of services to be performed. Such notification shall include the location of such services and any other special circumstances relating to the services. If the Service Provider cannot be reached for notification, the City may elect to have the services performed by others. Nothing within this Contract shall obligate the City to have any particular service performed by the i Service Provider. If, upon arrival at the work location, the Service Provider finds that any or all of the work assigned has been or is being accomplished by others, the Service Provider shall leave the location and immediately notify the City Representative. 2. Time for Completion. The services described herein shall be completed by the Service Provider within forty-eight (48) hours after receiving notification to proceed. 3. Changes in the Work. The City may, at any time during the term of a particular work assignment and without invalidating the Contract, make changes within the general scope of the 8. SKID STEER Capacity (hp) Number of Units Rate per Hour Blade/Broom l 9. SMALL TRACTOR Capacity (hp) Number of Units Rate per Hour Blade/Broom 10. OTHER SMALL EQUIPMENT(i.e. Walker Mower with blade Capacity (hp) lNumber of Units Rate per Hour Blade/Broom 11. WALK -BEHIND SNOW BLOWER Capacity (hp) Number of Units Rate per Hour Width 12. PICK-UP WITH PLOW Capacity (ton) Number of Units Rate per Hour Blade width i 13. HAND SHOVELING AND DE-ICER APPLICATION Rate per Hour De-icer per lb $ 14.OPERATING CITY OWNED EQUIPMENT Rate per Hour $ EXHIBIT D INSURANCE AND LIABILITY General. 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. Compensation and Employer's Liability. The Service Provider shall maintain during the life of this Agreement Workers' Compensation insurance as required by Colorado law, and Employer's Liability Insurance, in an amount not less than $400,000 for each occurrence, for all of the Service Provider's employees engaged in work performed under this Agreement. B. Commercial General 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 claims for damages for 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 to be provided shall be not less than $500,000 combined single limits for bodily injury and property damage. In the event any work under this Agreement 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. CERTIFICATE OF LIABILITY INSURANCE DATE(1/07/11YY 1141 `�� 1 vmn 1 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER. IMPORTANT: If the certificate holder is an ADDITIONAL INSURED, the policy(ies) must be endorsed. If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsements). PRODUCER CONTACT NAME: Welsh Insurance Agency, Inc. PNONE (97OJ2O6-1810 Ne: (97OJ2O6-1606 'M'TIL Bmce@wiainsurance.com 4033 Boardwalk Drive, Suite #200 INSURE 5 AFFORDING COVERAGE NAIC # Fort Collins, CO 80525 INSURER A: United Fire B Casualty Phone 970 206-1810 Fax 970 206-1808 INSURED INSURER B INSURER C : Johnson, Wes, DBA Johnson Trucking INSURER D: PINNACOL 408 E. 50th INSURER E: Loveland, CO 80538- 970 NSURER F: COVERAGES CERTIFICATE NUMBER: REVISION NUMBER: THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. INSR LTR TYPE OF ADD IN UBR MD POLICY NUMBER POLICY EFF MMIDDI YYY POLICY UP MMIDD LIMITS A GENERAL LIABILITY ❑J COMMERCIAL GENERALUABIUTV ❑ ❑ CLAIMS. -MADE O OCCUR Y 60402441 04/08I0111 04/08/2012 EACH OCCURRENCE $ 1,000,000.00 DAMAGE TO RENTED PREMISES Ea ocmrrenca $ 100,000.00 MED UP (My one person) $ 5,000.00 PERSONAL BADV INJURY $ 1,000,000.00 ❑ GENERALAGGREGATE $ 2,000,000.00 GEN'L AGGREGATE LIMIT APPLIES PER: d❑ POLICY ❑ PRO- IFQ.T❑ L, PRODUCTS - COMP/OP AGG $ 2,000,000.00 $ A AUTOMOBILE LIABILITY ❑ MY AUTO ALLOWNED SCHEDULED ❑ ALTOS rr❑� AUTOS J❑ HIREDAUTOS u NON-0OWNED ❑ ❑ 60402441 04/08/2011 04/08/2012 CEaOMBINED SINGLE LIMIT ...'rent 1,000,000.00 WDILYINIURV(Perpemon) $ BODILY INJURY (Peraai0enl ) $ PR�PE�a�DAMAGE P $ $ A O UMBRELLA LIAR .00CUR EXCESS uaa ❑ ❑ .Lents -MADE 60402441 04/08/2011 04/08/2012 EACH OCCURRENCE $ 1,000,000.00 AGGREGATE $ 1,000,000.00 ❑ DED H❑ RETENTION$ 10,000.00 $ D WORKERS COMPENSATION AND EMPLOYERS' LIABILITY YIN ANY PROPRIETOR/PARTNER/EXECUTIVE OFFICERIMEMBER EXCLUDED' ❑ (Mandatorydecin NH) If RIPTIOe under DESCRIPTION OF OPERATIONS pBIga NIA 9264149 04/OB/2011 O3/31/2012 ❑� VIC STATU- ER EL EACH ACCIDEM $ 500,000.00 EL DISEASE - EA EMPLOYE s 500,000.00 EL DISEASE -POUCV UMIT $ 500,000.00 OESCRIPTION OF OPERATIONS LOCATIONS I VEHICLES (Attach ACORD 101, Additional Remarha Schedule, if more apace la require!) TRUCKING CERTIFICATE HOLDER IS AN ADDITIONAL INSURED FOR GL. SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE City of Fort Collins - PURCHASING DEPARTMENT THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN Attn: Purchasing -Jenny Beck ACCORDANCE WITH THE POLICY PROVISIONS. PO BOX 580 AUTHORIZED REPRESENTATIVE Fort Collins, CO 80522 fax 221,621.6707 ACORD 25 (2010I05) OF The ACORD name and logo are registered marks of ACORD acoRl7 CERTIFICATE OF LIABILITY INSURANCE GATE (MM DD YYYY ��. 11/07/11 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER. IMPORTANT: If the certificate holder is an ADDITIONAL INSURED, the policy(ies) must be endorsed. If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). PRODUCER CONTACT NAME: Welsh Insurance Agency, Inc. PHONE (970)206-1810 Fnlc Nq; (970)206-1808 noonL Bmce@.iainsurance.com 4033 Boardwalk Drive, Suite #200 INSURERS AFFORDING COVERAGE NAIC N Fort Collins, CO 80525 INSURER A: United Fire & Casualty Phone (970) 206-1810 Fax (970) 206-1808 INSURED INSURERS: INSURER C : Johnson, Wes, DBA Johnson Trucking INSURER D: PINNACOL 408 E. 50th INSURER E Loveland, CO 80538- 970 NSURER F: COVERAGES CERTIFICATE NUMBER: ; REVISION NUMBER: THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDrr ION OF ANY CONTRACTOR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAYBE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. INS, LTR TYPE OF INSURANCE ADDL INSR UBR MD POLICY NUMBER POLICYEFF MMIDD POLICY EXP MMIDD/YYYY LIMITS GENERAL LIABILITY EACH OCCURRENCE $ 1,000,000.00 O COMMERCIALGENERALL DAMAGE TO RENTED PREMISES Ea occurrence $ 100,000.00 A UIABILITY ..II ❑ ❑CLAIMS -MADE OCCUR ElPERSONALBADV Y 60402441 04/08l0111 04I08/2012 MED EXP(My one person) $ 5,000.00 INJURY $ 1,000,000.00 ❑ GENERALAGGREGATE s 2,000,000.00 GEN'L AGGREGATE LIMIT APPLIES PER PRODUCTS - COMPIOPAGG $ 2,000,000.00 d❑ POLICY ❑PRO- ❑ LOC $ AUTOMOBILE LIABILITY COMBINED SINGLE LIMIT Ea accident 1,000,000.00 ❑ ANVAUTO BODILY INJURY(Per person) $ A ❑ AUTOSALLOWNED ,,i SAUTOSCHEDULED 60402441 04/0$/2011 O4/O$/2012 BODILY INJURY(Pw accident) $ Q HIRED AUTOS J❑ AUUTOSw NED Perax OanOAMAGE $ ❑ ❑ $ A d❑ UMBRELLA Like J❑OCCUR EXCESS LIAB ❑ ❑ CLAIMS -MADE 60402441 04/08/2011 04/08/2012 EACH OCCURRENCE S 1,000,000.00 AGGREGATE 8 1,000,000.00 ❑ DED J❑ RETENTION $ 10,000.00 $ WORKERS COMPENSATION AND EMPLOYERS' LIABILITY YIN ❑� WC ST MRS ❑ EORH EL EACH ACCIDENT $ 500,000.00 D ANY PROPRIETOWPARTNEREXECUTIVE OFFICER/MEMBER EXCLUDED? ❑NIA (Mandatory In NM) Wsdescribe under M KION OF OPERATIONS belay 9264149 04/08/2011 03/31/2012 E.L DISEASE - EA EMPLOYE $ 500,000.00 EL DISEASE - POLICY OMIT $ 500,000.00 DESCRIPTION OF OPERATIONS I LOCATIONS / VEHICLES (Attach ACORD 101, Additional Remarks Schedule, if more space is required) TRUCKING CERTIFICATE HOLDER IS AN ADDITIONAL INSURED FOR GL. SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE City Of Fort Collins - PURCHASING DEPARTMENT THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN Attn: Purchasing -Jenny Beck ACCORDANCE WITH THE POLICY PROVISIONS. PO BOX 580 AUTHORIZED REPRESENTATIVE Fort Collins, CO 80522 fax 221.6707 rnoonewT,nu a„ ACORD 25 (2010105) CIF I The ACORD name and logo are registered marks of ACORD particular work assignment and the Service Provider agrees to perform such changed work. 4. Materials. Equipment and Labor. The Service Provider undertakes and agrees to furnish and pay for all materials, supplies, labor, transportation, equipment, tools, services and supervision necessary to perform any services hereunder. Exception is when the vendor is operating City provided equipment. 5. Contract Period. This Agreement shall commence upon signing, and shall continue in full force and effect until September 15, 2009, unless sooner terminated as herein provided. In addition, at the option of the City, the Agreement may be extended for an additional four year period. Pricing changes shall be negotiated by and agreed to by both parties and may 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. 6. 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. 7. Termination. (A) The City shall have the right to terminate this Contract as to any work assignment for default should the City determine that the Service Provider is failing to prosecute the work in a manner which will assure timely completion or that the Service Provider is not performing any of the provisions of this Contract or the notification. (B) The City shall have the right to terminate this Contract for default, barring the Service Provider from further participation in the Snow and Ice Removal Program, should the City determine that the Service Provider repeatedly fails to complete the work within the time required or otherwise fails to perform the work in accordance with the provisions of this Contract. (C) If the City terminates for default, the City shall not be liable for any further payments to the Service Provider whatsoever, and the Service Provider shall be liable for any costs to the City as a result of the termination. The City's rights herein shall be in addition to any other remedies it may have under the law. (D) 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: City: Service Provider: City of Fort Collins, Purchasing Johnson Trucking P.O. Box 580 408 E 50th Ft. Collins, CO 80522 Loveland, CO 80538 In the event of early termination by the City, the Service Provider shall be paid for services I 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. 8. Payments. (A) The City agrees to pay and the Service Provider agrees to accept as full payment for all work done and all materials furnished and for all costs and expenses incurred in the performance of the work under the notification in accordance with the prices stated within the Bid Schedule Proposal Form, attached hereto as Exhibit B and by this reference made a part hereof. (B) The Service Provider shall submit invoices on the City's form entitled "Snow and Ice Removal Billing Instruction and Invoice Form" attached hereto as Exhibit C and by this reference made a part hereof. Failure to use this form will result in delayed payments. Invoices must contain all requested information and must be received by the City within five (5) working days after completion of the work assignment. i (C) Within thirty (30) days after the final acceptance of the work, the City Representative will certify the total work done and the amount due and payment will be completed. Payment shall be made by the City only upon completion of the work by the Service Provider in a satisfactory manner and upon the Service Provider furnishing satisfactory evidence of payment of all wages, taxes, supplies and materials, and other costs incurred in connection with the performance of such services. 9. City Representative. The City will designate a representative who shall make, within the scope of there 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. 10. 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. 11. 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. 12. 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. 13. Warran . (a) Service Provider warrants that all work performed hereunder shall be performed with ttie highest degree of competence and care in accordance with accepted standards for work of a similar nature. I (b) Unless otherwise provided in the Agreement, all materials and equipment incorporated into any work shall be 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 nonconformance's in design, materials and workmanship 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 nonconformance, 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. 14. 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. I 15. 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. 16. 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. 17. 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 D, 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, 215 N. Mason, 2nd Floor, Fort Collins, Colorado 80524 one copy of a certificate evidencing the insurance coverage required from an insurance company acceptable to the City. 18. Entire Agreement. ThisAgreement, 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. 19. 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. 20. Prohibition Aqainst 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 i 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 i 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. 21. Amendment 54. To the extent that this Agreement may constitute a "sole source government contract" within the meaning of Section 2(14.4) of Article XXVIII of the constitution of the State of Colorado, about which the City makes no representation, Section 15 of said Article XXVIII, which reads as follows, is hereby incorporated into this Agreement and made a part hereof: a. Section 15. Because of a presumption of impropriety between contributions to any campaign and sole source government contracts, contract holders shall contractually agree, for the duration of the contract and for two years thereafter, to cease making, causing to be made, or inducing by any means, a contribution, directly or indirectly, on behalf of the contract holder or on behalf of his or her immediate family member and for the benefit of any political party or for the benefit of any candidate for any elected office of the state (of Colorado) or any of its political subdivisions. THE CIT OF FORT COL��LINS, COLORADO James';B.,"Neill, II, CPPO, FNIGP Direct of Purchasing and Risk Management Date: ! COMPANY. NAME: By: f /� PRINT NAME G, p Phone # 7 f EXHIBIT B BID SCHEDULE We hereby enter our bid for the City of Fort Collins' requirements for City Street, Parking Lots and Sidewalk Snow and Ice Removal. NOTE: Any move -on charges for sidewalk clearing will be assessed at fifty percent (50%) of your hourly rate for each job. Please attach an equipment list with cost for equipment and operator for equipment beyond this bid schedule. Contractor Name: Johnson Trucking 1. END DUMPS Capacity (yds) Number of Units Rate per Hour 2. TANDEM DUMP Capacity (yds) Number of Units Rate per Hour 3. SINGLE AXEL DUMP Capacity (yds) Number of Units Rate per Hour 4. WHEEL LOADER Capacity (yds) Number of Units Rate per Hour 5. MOTOR GRADER Capacity (hp) Number of Units Rate per Hour 6. OTHER LARGE (i.e. Unimog) Capacity Number of Units Rate per Hour 7. BACK HOE Capacity (hp) Number of Units Rate per Hour �WeS�