Loading...
HomeMy WebLinkAboutDOUBLESTROKE TRUCKING LLC - 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 Doublestroke Trucking Co., hereinafter referred to as "Service Provider". 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 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 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: TEND DUMPS 5/L 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 8. SKID STEER Capacity (hp) Number of Units Rate per Hour Blade/Broom 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) Number 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 13. HAND SHOVELING AND DE-ICER APPLICATION Rate per Hour De-icer per lb $ 14.OPERATING CITY OWNED EQUIPMENT Rate per Hour $ Date: 3/7/2012 Time: 11:31 AM From: Flood and Peterson To: 8773938771 CliPnftt: 51 dqn DOUTR Page: 2 of 3 ACORD- CERTIFICATE OF LIABILITY INSURANCE F D3/07� 12 " 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 es 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 Flood & Peterson Ins., Inc. P. O. Box 578 CONTACI Both Isakson NAME: PHONE 970 356.0123 AS N,,Ex NP:9705066836 AD AL M. beth.isaksonQipinsuranoe.com Greeley, CO 80632 970 356.DI23 CUSTOMER ID P: INSURER(S) AFFORDING COVERAGE NAICS INSURED DoublestrokeTrocking LLC 1200 Crest Ct INSURER A: Great West Casualty INSURER B: Windsor, CO 80550 INSURER C : INSURER D: INSURER E: INSURER 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 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. INR I TYPEOFINSURANCE L WEIR POLICY NUMBER LN:YEFF YLIIC POLICY UP MM/ OMITS A GENERALLIABLITY GWP86978A 5/23/2011 05/23/2012 EACHOCCURRENCE $1,000,000 PREMISES Faotturtenui $100,000 X COMMERCIAL GENERALUABIUTY CINM3MADE 51OCCUR MEDUP(AnyaMpemn) $5,000 PERSONAL A ADV INJURY $1,000,000 GENERAL AGGREGATE s2,000,000 GEN'L AGGREGATE LIMIT APPLIES PER: PRODUCTS - COMPIOP AGO s2,000,000 POLICY PRO 17 LOG S A AUTOMOBILE LIABILITY GWP86978A O5/23/2011 OW2312012 `OMEa BIN�EEDL'INCLELIMIT $11WDDD9 ANY AUTO BODI LY INJ URY(Ip.) S 1xx ALL OWNED AUTOS SCHEDULEDAUTOS HIREDAUTOSNON-OWNED BODILY INJURY (PereadeM) E PROPERTY DAMAGE $ S AUTOS $ UMBRELLA LJAB OCCUR EACH OCCURRENCE $ AGGREGATE $ EXCESS LIAR GLMMSMADE DEDUCTIBLE $ $ RETENTI WORKERS COMPENSATION TORY LI IT OTH- ANDEMPLOYERS' LIABILITY YIN ANY PROPRIETORIPARTNEWEXECUTIVE OFFICERIMEMBEREXCLUDED? ❑ WA EL EACH ACCIDENT $ E.L. DISEASE- EA EMPLOYEE $ (MAndAM In NK) Ny, dmcri unaor 0ySGRIPTION OF OPERATIONS belw E.L. DISEASE - POLICY LIMIT $ A Broad Form Cargo GWP86978A 5/23/2011 05123/201 $10,000 Each Unit 'See Description* $1 000 Deductible DESCRIPTION OF OPERATIONS I LOCATIONS / VENICLES (Aeaeb ACORD 101, AalI W R ft Sd Wulo, N rt,oro sp1oP b ,vyul,Pd) City of Fort Collins is listed as an Additional Insured in regards to the General Liability and Auto Liability. `The cargo limit of Insurance is changed to $100,000 if you have a "loss" to property (See Attached Descriptions) City of Fort Collins Attn: Purchasing PO Box 580 Fort Collins, CO 80522 SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS. AUTHORIZED REPRESENTATIVE 01983.2009 ACORD CORPORATION. All rights reserved. ACORD 25 (2009/09) 1 of 2 The ACORD name and logo are registered marks of ACORD #S679825/M668219 BAI Date: 3/7/2012 Time: 11:31 AM From: Flood and Peterson To: 8773938771 Page: 3 of 3 PFscRIPTIONs (Cont<inueq from Page 1) consisting of Flatbed loads.' AMS 25.3 (2009109) 2 Of 2 #S6798251M668219 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, 2013, 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: City of Fort Collins, Purchasing P.O. Box 580 Ft. Collins, CO 80522 Service Provider: Double Stroke Trucking Co 1200 Crest Ct Windsor, CO 80550 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 Providers 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. (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. 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. (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. 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, 2n° 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. 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. 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 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 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. 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 XXVI II, 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 OF FORT COLLINS, COLOPADO BY James B. O'Neill, 11, CPPO, FNIGP Director of Purchasing and Risk Management Date: �� ) -7 / 12-- COMPANY NAME:�GIJ[�5�1���,' By: /6 PRINT NAME Phone#g7o -3o7- _�,�3