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HomeMy WebLinkAboutBAKER TRUCKING LLC - CONTRACT - BID - 7355 HAULING SERVICESSERVICES AGREEMENT THIS AGREEMENT made and entered into the day and yearset forth below by and between THE CITY OF FORT COLLINS, COLORADO, a Municipal Corporation, hereinafter referred to as the "City" and Uhereinafter referred to as "Service Provider". WITNESSETH: In consideration of the mutual covenants and obligations herein expressed, it is agreed by and between the parties hereto as follows: 1. Scope of Services. The Service Provider agrees to provide services in accordance with the scope of services attached hereto as Exhibit "A", consisting of two (2) 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, 2016. In addition, at the option of the City, the Agreement may be extended for one additional year period not to exceed one (1) additional year period. 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 BID SCHEDULE - 7355 HAULING SERVICi You may attach a separate page with an equipment list — Pleas on it. EQUIPMENT YR MAKE MODEL CU. YDS. HP $[HR. TRACTOR/TRL TRUCKS with trailer $ $ TANDEM DUMP TRUCKS $ $ TANDEM DUMP TRUCKS W/PUP $ $ $ TYPES OF TRAILERS (for example) End, Belly, Bottom Not paid for separately included with Tractor/Trailer $ CERTIFICATE OF LIABILITY INSURANCE DATE 5/20/2015 Y) 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 Flood and Peterson PO Box 578 Greeley CO 80632 CONTACT Suzannah Preisendorf, CISR NAME: PHONE (970) 356-0123 FAX No: (970)330-1867 ADDRIEss SPreisendorf@floodpeterson.com INSURERS AFFORDING COVERAGE NAIC # INSURERAArtisan and Truckers Casualty 10194 INSURED Baker Trucking, LLC 2079 Vineyard Drive Windsor CO 80550 INSURER B : INSURER C : INSURER D : INSURER E : INSURER F: COVERAGES CERTIFICATE NUMBER:CL1552002941 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. INSRPOLICY LTR TYPE OF INSURANCE IR5& WVp SUER POLICY NUMBER EFF MM DDIYYYYI POLICY EXP (MM1DDfYYYYJ LIMITS GENERAL LIABILITY EACH OCCURRENCE $ DAMAGE TO RENTED COMMERCIAL GENERAL LIABILITY PREMISES Ea occurrence $ CLAIMS -MADE F—IOCCUR MED EXP (Any one person) $ PERSONAL & ADV INJURY $ GENERAL AGGREGATE $ GENT AGGREGATE LIMIT APPLIES PER: PRODUCTS - COMP/OP AGG $ $ POLICY PRO-LOC AUTOMOBILE LIABILITY COMBINED SINGLE LIMIT Ea accident 1 000 000 BODILY INJURY (Per person) $ A ANY AUTO ALL OWNED X SCHEDULED AUTOS AUTOS X 3635807-0 /2/2015 /2/2016 BODILY INJURY (Per accident) $ PROPERTY DAMAGE Per accident $ NON -OWNED HIRED AUTOS AUTOS Medical payments $ 5,000 UMBRELLA LIAB OCCUR EACH OCCURRENCE $ AGGREGATE $ EXCESS LIAB CLAIMS -MADE DED I I RETENTION $ $ WORKERS COMPENSATION WC STATU- I OTH- TORY LIMITS ER_ AND EMPLOYERS' LIABILITY Y I N ANY PROPRIETOR/PARTNER/EXECUTIVE E.L. EACH ACCIDENT $ OFFICER/MEMBER EXCLUDED? ❑ N / A (Mandatory in NH) E.L. DISEASE - EA EMPLOYE $ If yes, describe under DESCRIPTION OF OPERATIONS below E.L. DISEASE - POLICY LIMIT $ DESCRIPTION OF OPERATIONS / LOCATIONS I VEHICLES (Attach ACORD 101, Additional Remarks Schedule, if more space is required) Certificate holder is included as Additional Insured as required by written contract with respects to liability arising out of work performed by the named insured. GEK I IFIGA I It HULUtK L ANGtLLA I IUN City of Fort Collins Purchasing Department 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 ACORD 25 (2010/05) INS(12s rgmnnsi of S Preisendorf, CISR/S �¢- ©1988-2010 ACORD CORPORATION. All rights reserved. Tha Al'nPr) nzma and In nra raniefarnrl -lrc of A(`(1Rr) ,aco CERTIFICATE OF LIABILITY INSURANCE �D°"YYY' 05/28/2/2812015 PRODUCER Fax# Phone# THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION Guardian Insurance Group LLC ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE P HOLDER. THIS CERTIFICATE DOES NOT AMEND, EXTEND OR 215 W South 1st Street _ ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. Johnstown, CO 80534 Phone: 970-744-6412 Fax: 970-692-8164 INSURERS AFFORDING COVERAGE NAIC # INSURED Fax# Phone# ,NSURERA: ESSEX INSURANCE COMPANY Broderick L Baker _ INSURER8: DBA: Baker Trucking INSURERC: 708 County Rd. 5 INSURERD: Fort Collins, CO 80524 INSURERE: rnvcrtec:Fs 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. AGGREGATE LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. INSR ADD'L: POLICY NUMBER POLICY EFFECTIVE POLICY EXPIRATYPE OF INSURANCE TION ` DATE IN MtDDrrM1 I LIMITS 11-1-1 GENERAL LIABILITY X COMMERCIAL GENERAL LIABILITY CLAIMS MADE !X OCCUR 3DW3240 ! 11 /06/2014 ' 11 /06/2015 EACH OCCURRENCE DAM P EMI E� Eax1 MED EXP (Any one parson $ 1000000 S 100000 $ 5000 S 1000000 A X . PERSONAL A ADV INJURY GENERAL AGGREGATE $ 2000000 �GEN'L AGGREGATE LIMIT APPLIES PIER: a ' PRO 3 LOC POLICY JEQT — $ 2000000 PRODUCTS - COMRoP AGG AUTOMOBILE LIABILITY ANY AUTO 1 COMBINED SINGLE LIMIT i (Ea accident) S. _ i ALL OWNED AUTOS SCHEDULED AUTOS j WDILY INJURY (Per person) — BOOILY INMY HIRED AUTOS 1J j NON-OWNEDAUTOS (Per accident) 1 �PROPERTY DAMAGE Per accident) 3 GARAGE LIABILITY AUTO ONLY - EA ACCIDENT I S OTHER THAN EA ACC - $ ! ANY AUTO $ AUTO ONLY: AGG EXCESS I UMBRELLA LIABILITY EACH OCCURRENCE $ L.__j OCCUR ;, CLAIMS MADE AGGREGATE $ I I DEDUCIIBLE I $ i RETENTION $ I WORKERS COMPENSATION AND EMPLOYERS' LIABILITY YIN ANY PROPRIETORPARTNER+EXECUTIVE , OFFICER+MEMBER EXCLUDED? (Mandatary In NH) Ir ea. describe uMM _ S.XECIAL PROVISIONS below + , I i WC STATU- OTH- El EACH ACCIDENT $ E.L. DISEASE - EA EMPLOYEE ---------- $ El DISEASE - POLICY LIMIT ' $ OTHER i i _ ! I DESCRIPTION Of OPERATIONS I LOCATIONS I VEHICLES + EXCLUSIONS ADDED BY ENDORSEMENT I SPECIAL PROVISIONS r�orlerr ate ui., r•..-.� .-_.-... _- .. ADDITIONAL INSURED:SHOULDANY OFTHE ABOVE DESCRIBEDPOLICIESBECANCELLED8EFORE THE EXPIRATION City of Fort Collins DATE THEREOF, THE ISSUING INSURER WILL ENDEAVOR TO MAIL DAYS WRITTEN PO Box 580 NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE LEFT, BUT FAILURE TO DO so SHALL Fort Collins, CO 80522 IMPOSE NO OBLIGATION OR LIABILITY OF ANY KIND UPON THE INSURER, ITS AGENTS OR REPRESENTATIVES, AUTHORIZED REPRESENTATIVE Zack Reitz ACORD 25 126n4/nt1 _ v 1V00-ZVUV At;UKU UUKPORATION. All rights reserved. The ACORD name and logo are registered marks of ACORD 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 ck � L l_ j Attn: Purchasing �i(—Tr-LA-f] PO Box 580 ! Fort Collins, CO 80522 i esiw r rl Vt 1LV t 11 d 5D tr , CD 1 Io J,5 L) 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. 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 (__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 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 Senrice 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 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 a -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 a -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 FO=OfINS, CO a municipal ra on / By: r " Gerry S. Paul Director of Purchasing and Risk Management Date: &17 hi / Profess'onal A (✓ i'�1-L t= i I,j �l.�C, B Y �ro�� r�r✓k. t� . '�c�.�-Q r PRINT NAME CORPORATE PRESIDENT OR VICE PRESIDENT Date: fvt A.J ! (� 4 9 L) 15 ATTEST: (Corp6rate Seal) CORPORATE SECRETARY BID 7355 Hauling Services 2012 Page 14 of 15 A>mlendment #O1 7355 Hauling Services Agreement between The City of Fort Collins and Baker Trucking LLC This Amendment ("Amendment") is entered into by and between Barker Construction Co Inc (the "Service Provider") and the City of Fort Collins, Colorado (the "City"). WHEREAS, Service Provider and the City hrm mutually entered into a Hauling Services Agreement dated May 1, 2012 (the "Agreement'-), and WHEREAS, the City desire to expand the scope of the Agreement to incorporate new requirements for certain hauling routes and requirements for covered loads; and WHEREAS, Service Provider agrees to conform to the new requirements; NOW, THEREFORE, in consideration of the foregoing recitals and the mutual promises herein contained, the parties agree as follows: Scope of Work. The Scope of Work shall incorporate the following new requirements. A. Add the following new language to paragraph 6: "No vehicle shall be driven or moved on any private or public highway, street, road or right of way if the vehicle is transporting aggregate material or asphalt paving material unless the load is covered by a tarp or other cover in a manner that prevents the load from escaping the vehicle and which minimizes fumes and emissions. Aggregate material means any rock, clay, silts, gravel, limestone, dimension stone, marble and shale, and hot asphalt including asphalt patching material; except that aggregate material does not include wet concrete or other materials not susceptible to blowing Asphalt paving material means any material formed by mixing aggregate and asphalt cement and includes hot mix asphalt, warm mix asphalt, cold mix asphalt, and bituminous concrete." B. Add a new paragraph 22: "All hauls traveling to or from Martin Marietta Materials, Inc. (MM) located at 1800 North Taft Hill Road, Fort Collins, Colorado shall enter and exit the site from the North to CR 54G." Except as expressly amended by this Amendment, all other terms and conditions of the Agreement shall remain in full force and effect. In the event of a conflict between the terns of the Agreement and Amendment #01, Amendment #01 shall prevail. IN WITNESS WHEREOF, the parties have executed this Agreement the day and year shown. CITY OFRO T COLLINS: /7 BAKER TRUCKING LLC: v By:/11�%By: Gerry'Paul Director of Purchasing & Risk Management F�li(4 ' ti+i t,. ,�, ii .t i�...�• NN t t ' 1 ....+�. , i .. •. ,+ +� .� i t '. � . ,.. f`itifit t t►'giN'a"it '+44Hf ~ ,i. � , vat low /TIC ��"♦�� ter /���r. E�'� I � • aTr.�'rra"'�i' r r ►• ■�i�ia"N-�_�rii�� �i �aaiara=' ir_ `=�i�rir ` :r_ai iri is rJ r!r�yr�w!iaw�Crrir!ai �1 •/ •+air��rrraa .iar�rrr-�rilk rriara/� i i •