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Home My WebLink About109256 BARKER CONSTRUCTION - CONTRACT - BID - 7355 HAULING SERVICESSERVICES 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 k a-h' 6n cI . 6). 1 h (- , hereinafter referred to as "Service Provider". W ITNESSETH: In consideration of the mutual covenants and obligations herein expressed, it is agreed by and between the parties hereto as follows: Scope of Services. The Service Provider agrees to provide services in accordance with the scope of services attached hereto as Exhibit "A", consisting of two (a) page(s) and incorporated herein by this reference. 2. Contract Period. This Agreement shall commence upon the date of execution shown on the signature page of this Agreement and shall continue in full force and effect until March 31, 2013. 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 BID 7355 Hauling Services 2012 Page 8 of 15 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, or delay in work assignments. 21. The City reserves the right to discipline companies (i.e. day/s off to termination) for violations of these rules. BID 7355 Hauling Services 2012 Page 6 of 15 BID SCHEDULE - 7355 HAULING SERVICES 2012 You may attach a separate page with an equipment list -- Please include Contractor name on it. EQUIPMENT YR MAKE MODEL CU. YDS. HP $/HR. TRACTOR/TRL TRUCKS with trailer $ n b D$ n m AA g U $ TANDEM DUMP TRUCKS $ O $ iv 81 O l O a $ (e $ $ TANDEM DUMP TRUCKS W/PUP $ TYPES OF TRAILERS (for example) End, Belly, Bottom Not paid for separately included with Tractor/Trailer $ Aeftey 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 8 Fid,0k Lund/ Co J�7 (. Are y u a Corporation, Partnership, DBA, LLC, or PC �% SIGNATURE /J ✓ PRINT NAME 11Pi1r1Nis� Ci/d/1eY�2 ADDRESS PHONE V "'? — 4 Sij L CELL PHONE d I8 A -3 %.7� FAX .4)24 `-!�yT EMAIL O CL I Y t0 P°et / . CD/rl BID 7355 Hauling Services 2012 Page 7 of 15 To: 9702216707 From: Flood 6 Peterson [ns 9-13-11 6:07ps p. 2 of 3 RACrn ACORa CERTIFICATE OF LIABILITY INSURANCE °pIW 3)2011YY' 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 pet cy(les) 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 Ileu of such andorsement(s). PRODUCER NAME Jennifer Winter Rood 8 Peterson Ins., Inc. PHONE 970 266.7127 A.c.No , 970 506.6846 A Na Fi P. O. Box 578 `n..REes: Jennifer.Winterpfpinsurance.com Greeley, CO S0632 CUSTOMER 10 970356-0123 INSURERS) AFFORDING COVERAGE NAICIF INSURED INSURER A: Bituminous Insurance Barker Construction Company, Inc. INSURER e - Pinrlacml Assurance 142 North Timberline Road : INSURER c: Fort Collins, CO 80524 INSURER O: INSURER E: INSURER F CnVFRAn FS CERTIFICATE NUMBER: REVISION NUMBER: THIS IS TO CERTIFY THAr THE PCI ICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTW fTHSTANDING ANY REOUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAYBE ISSUED OR MAY PERTAIN, THE NSURANCE 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. LTJL TYPE OF INSURANCE POLICY NUMBER MAUOY/YYYY PMWOO)YYY UNITS A GENERAL UASILITY CLP3552974 5/01/2011 05t01120111 EACHOCCURRE.NCE $1000000 PREMISES Eeamnenw E300000 X CO.MMEPC'AL GENEPAL UABILITY CLAIMS.MADE F—X1OCC'UR M.ED EXP(my anP canon) s10000 P=RSONALS ADVI,VJOPY S1000.000 X PD Ded:1,000 G=NERALAGOPEOATE E2,000,000 CEN'LAGGREGATE UMITAPPLIES PER. PRODUCTS -COMPIOPADO E2 000 000 - E POLICY X PRO. LOD A AUrOMOBILEUABILITY CAP3552975 5/01/2011 05/Ot/201 '=DMBINEDSINGLE UMn (Ea awiaena '1000000 ANY AUTO BODILY INJURY (P9r peraan) E ]XXX ALL OWNED AUTOS SCHEDULED AUTOS HIREDAUTOS HOMILY I NJURY(Per ecdd•na E PROPERTY OAAIAGE (Pe scddsna S NONOW.YEDALHOS E Drive Other Car s UlIBPELIJ UAB OCCUR JCH.00CUAFI E AGGREGATE t EXCESS UAB CLAIMS .MADE DEDUCTIBLE t RETCNT109 S{ B WORKERSCOMPENSATION AND EMPLOY&FUT UASILRY YIN ANY PROPRETOR/PAPTNE NEXECUTNE A0;RCERNE P9R EXCWOEO? W4 4033353 0/01/2011 10I01l201 X rc sTATD. oFIR E.L. EACHACCIOENT L1 D00000 eLgSEASE-EAEMPLOVEE El 0000D0 (ManCWwyln NNl Ilyflf UAYlib9 NfldM OF.ti(r HIPTIOY OE OPERATION.` UMcx E L. DISEAaE � POLM•V LIMIT I S1,000,000 OESGR"ION OF OR EPATION3I LOCATIONS / VEHICLES (Anach ACORD 1e1, Addlaona, Pv aAo BPMdMIa, II men apap Is Tpulna) City of Fort Collins is listed as an Additional Insured as their interest may appear as respects General Liability. Insurance is primary and non-contributory. City of Fort Collins SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE PurchasingDe rtment;Atbr: James O'Neil THE EXPIRATION DATETHEREOF, NOTICE WILL BE DELIVEREDIN W ACCORDANCE WITH THE POLICY PROVISIONS. PO Box 580 R Collins, CO 80522 At ORIMO RE➢RESEP(TATIVE !=/oock Q AeJ•vJLOw! I TA.JC. 01988-2009 ACORD CORPORATION. All rights reserved. ACORO 25 (2009109) 1 of 1 The ACORD name and logo are registered marks of ACORD #S645625/MG45616 JZS 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 nn Attn: Purchasing I��l/%e v ConS1 CO - I N PO Box 580 Fort Collins, CO 80522 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 C, consisting of () page(s), 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 BID 7355 Hauling Services 2012 Page 9 of 15 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. 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. it. 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 often (10) days within which to cure said default. In the event the default BID 7355 Hauling Services 2012 Page 10 of 15 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 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 BID 7355 Hauling Services 2012 Page 11 of 15 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 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 BID 7355 Hauling Services 2012 Page 12 of 15 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. BID 7355 Hauling Services 2012 Page 13 of 15 CITY OF FORT COLLINS, COLORADO a municipal corporation �A By: v`J UU Jams B. 'Neill 11, CPPO, FNIGP Direc yo Purchasing and Risk Management Date: ///,Qyl aol-.2, Prof7."t By: /r E�1 /1 e f � L 5 fz'2fi P2 PRINT NAME CORPORATE PRESIDENT OR VICE PRESIDENT Date: ///i7 z (Corporate Seal) CORPORATE SECRETARY BID 7355 Hauling Services 2012 Page 14 of 15 BID #7355 HAULING SERVICES SCOPE OF WORK 1. Service Provider 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. Vendor must own all trucks. 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. 3. 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 at all times. 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. Night work will require a Class III Safety Vest. 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 foul 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. BID 7355 Hauling Services 2012 Page 4 of 15 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). The City also desires that contractors run biodiesel in their trucks. 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. The City reserves right to choose which truck or tractor/trailer is utilized on each project that meets the best iriterests of the City. 14. In the event a vendor chooses to pull off a City project to work for another company or contractor, the City reserves the right to utilize other vendors in there place for the duration of the project at the City Representative's discretion. Also, a Vendor may not return until the start of the next job. Exceptions will be at the City Representative's discretion which may include mechanical breakdowns, illnesses, etc. 15. 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 and the City Representative is unable to provide a one hour cancellation notice the Vendor shall be paid one hour show up time. 16. 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. 17. 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. 18. The City does not intend to award to one vendor, but will issue multiple awards. 19. 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 each renewal year. Owner must notify the City of any changes. 20. If changes, the 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 BID 7355 Hauling Services 2012 Page 5 of 15