HomeMy WebLinkAbout359019 LITTLE BOYS TRUCKING - 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„
"Service Provider".
W ITNESSETiH:
hereinafter referred to as
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
i
with the scope of services attached hereto as Exhibit "A", consisting of two Q 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.
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
$
$
TANDEM DUMP TRUCKS
iggl
T"
$
TANDEM DUMP TRUCKS
W/PUP
$
TYPES OF TRAILERS (for
example) End, Belly, Bottom
Not paid for separately
included with Tractor/Trailer
$
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
as period of three years.
FIRM NAME G D
r you a Corpor ion, Partnership, D A, LLC, or Lvzz
SIGNATURE PRINT NAM�
ADDRESS
PHONE Aze&
FAX
CELL PHONE _9,10 /Di -JWF
BID 7355 Hauling Services 2012 Page 7 of 15
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.
BID 7355 Hauling Services 2012 Page 15 of 15
PROGREIR YAF
FUSAMOLANDIOHN C
121 E SWALLOW RD #115
FT COLLINS, CO 990525
1-970 484-3200
Policy number: 05351504-3
Underwritten by:
ARTISAN AND TRUCKERS CASUALTY CO
March 26, 2012
Page 1 of 1
Certificate of Insurance
certificate Holder Insured Agent
Additional Insured LITTLE BOYS TRUCKING, LLC FUSA/NOLAND JOHN C
CITY OF FT COLLINS 2302 STANLEY CT 121 E SWALLOW RD #115
PO BOX 580 FT COLLINS, CO 80526 FT COLLINS, CO 80525
FT COLLINS, CO 80522
This document certifies that insurance policies identified below have been issued by the designated insurer to the insured
named above for the period(s) indicated. This Certificate is issued for information purposes only. It confers no rights upon
the certificate holder and does not change, alter, modify, or extend the coverages afforded by the policies listed below.
The coverages afforded by the policies listed below are subject to all the terms, exclusions, limitations, endorsements, and
conditions of these policies.
.............................................................................................................................................................................
Policy Effective Date: Mar 25, 2012 Policy Expiration Date: Mar 25, 2013
Insurance coverage(s) Limits
.............................................................................................................................................................................
BODILY INIURY/PROPERTY DAMAGE $1,000,000 COMBINED SINGLE LIMIT
.............................................................................................................................................................................
UNINSUREDIUNDERINSUREDMOTORIST simoo000MBINEDSINGLEIIMIT
Description of LocationNehicles/Special Items
Scheduled autos only
..........................................................._.................... _.......... I .... ,.......
.
1991 KW T60 1XKADR9X7MS559220 Stated Amount $28,000
MEDICAL PAYMENTS $5,000
COMPREHENSIVE $1,000 DIED
COLLISION $1,000 DIED
Certificate number
08612NET504
Please be advised that additional insureds and loss payees will be notified in the event of a mid-term
cancellation.
A
Form 5241 (10/02)
EXHIBIT 2 — WAIVER OF WORKER'S COMPENSATION BENEFITS FORM
WAIVER OF WORKERS' COMPENSATION BENEFITS FORM
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 proprietor and I am doing business as sjr (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 orb -them and will send copies to the City within 30 days.
Name of Sole Proprietor
CDL No. .2A_,A/ _�/4 Telephone No. ,94=/ 4� _i�/z
Address/P.O. Box
City
Signature of Sole Proprietor
Zip Code _22)1:24
E-Mail address/_ C 12 S :%��
Addendum 1 - 7355 Hauling Services 2012 Page 3 of 3
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
Attn: Purchasing ,I /Q &Us -7 UrklU a
PO Box 580
Fort Collins, CO 80522 f T
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 Q()e,- (J—) 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 Citys 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.
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
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 orderto 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—k
1 � By. L
James B. O'Neill ll, CPPO, FNIGP
�: / Director of Purchasing and Risk Management
I Date: ,d 1/-3o rZ
CORPORATE PRESIDENT OR VICE PRESIDENT
Date:
ATTEST: (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 interests 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 startof
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