Cass County, Missouri
Request for Proposals
Rock Hauling
CASS COUNTY, MISSOURI
REQUEST FOR PROPOSALS
Cass County, Missouri will accept sealed proposals for rock hauling until 10:00 a.m., April 25, 2023 at which time they will be publicly opened and read aloud. Proposals must be received in an envelope marked “Rock Hauling” at the Old Historic Courthouse, 3
rd
Floor (Commission Secretary), 102 East Wall Street, Harrisonville, Missouri.
The Request for Proposals document may be examined at the office of the County Commission at the above address or at the Road and Bridge Office, 30508 SW Outer Road, Harrisonville. Copies may also be obtained at the above address. You can also view the document on the County’s website.
The County reserves the right to waive any informality or to reject any or all proposals. No proposer may withdraw a proposer within 60 days after the actual date of the opening thereof.
Request for Proposals
Cass County, Missouri
Cass County, Missouri will accept sealed proposals for rock hauling until 10:00 a.m., April 25, 2023 at which time they will be publicly opened and read aloud. Proposals must be received in an envelope marked “Rock Hauling” at the Old Historic Courthouse, 3
rd
Floor (Commission Secretary), 102 East Wall Street, Harrisonville, Missouri.
Scope of Work
Successful bidder will be responsible for hauling aggregates from local Cass County rock quarries to various project road sites within Cass County. Haulers must have the ability to spread rock on the roadways. Successful bidder will need to coordinate with the Cass County on-site project manager for spreading instructions and project site locations.
Quantities will vary but will range from 600 to 1200 tons daily on days of hire. Approximate days of hire will range from 25 to 50 days, weather permissible. Contract days could be extended to companies with the ability to haul rock chips that have the equipment to hook up to an asphalt chip spreader for the purpose of chip sealing roadways.
All aggregates will be charged to Cass County accounts and contracted drivers will be responsible for turning in daily receipts (weight tickets) to the Cass County on-site project manager.
Construction Requirements:
It shall be the responsibility of the contractor to furnish all labor and equipment for material hauling and spreading.
The contractor shall begin hauling upon 48 hours’ notice.
The County will require materials to be spread in a specific manner and shall designate specific haul routes. Drivers will work in a cooperative manner with the County to deliver material in the manner requested.
Any drivers for hire of the contracted company unable to perform with the above requirements shall be removed from the operation upon request of the Cass County Road & Bridge Superintendent.
Hours of Operation:
Trucks will be at the quarry site ready to load by no later than 7:15am, unless otherwise specified. Work hours include 10-hour days Monday-Thursday with occasional Fridays. Generally, trucks will be loaded at the end of a workday no later than 3:00 pm. The County is requesting bids on a loaded mile basis therefore preference may be given to bidders operating higher volume (ton) transport.
.Proposal Terms and Conditions:
1. All Proposals shall remain open for sixty (60) days after the day of the Proposal Opening.
2. The County: i) reserves the right to reject any or all proposals; ii) may waive any irregularity in proposals if in the County’s best interests; iii) shall award the proposal based upon its determination of the lowest and best Proposer; and iv) may negotiate further with the selected Proposer.
3. Unauthorized Alien Affidavit. Proposers are informed that pursuant to Section 285.530, RSMo, each Proposer shall, by sworn affidavit and provisions of documentation, affirm its enrollment and participation in a federal work authorization program with respect to the employees working in connection to the contracted services. Each Proposer shall also sign an affidavit affirming that it does not knowingly employ any person who is an unauthorized alien in connection to the work on the projects.
4. Proposers shall execute and maintain its work so as to avoid injury or damage to any person or property. In carrying out its services, Proposers shall at all times be in compliance with all applicable local, state and federal laws, rules and regulations, and shall exercise all necessary precautions for the safety of employees appropriate to the nature of the work and the conditions under which the work is to be performed.
5. Insurance. The successful Contractor shall have the following insurance coverages:
COMMERCIAL GENERAL LIABILITY - Contractor shall provide coverage for Contractor, County, its employees, officers, and agents, against claims for damage to property and/or illness of, injury to, or death of any person or persons related to or arising out of the Project Services. Such coverage shall name the County as an additional insured and have not less than the following limits:
a. Each occurrence $2,000,000.00
b. General aggregate $2,000,000.00
AUTOMOBILE LIABILITY - Contractor shall provide coverage for Contractor, County, its employees, officers, and agents, against claims for bodily injury and/or property damage arising out of the ownership or use of any owned, hired, and/or non-owned vehicle and shall include protection for any auto, or all owned autos, hired autos, and non-owned autos. The coverage shall have not less than a combined single limit of $2,000,000.00 for each accident.
WORKERS’ COMPENSATION AND EMPLOYER’S LIABILITY - This insurance shall protect Contractor against all claims under applicable state workers’ compensation laws. The limits shall not be less than the following:
a. Workers’ Compensation Statutory
6. Contract Execution. The Proposer to whom the Contract is awarded shall enter into a written contract with the County within 15 days. Failure to execute a contract will be considered abandonment of the award, the County shall have no further obligation to that Proposer.
Submittal Requirements:
1. Proposal Sheet.
2. Affidavit of Work Authorization and Documentation form pursuant to 285.530 RSMo.
3. Proof of Insurance.
PROPOSAL SHEET
Bid shall be calculated for a period beginning ending December 31, 2023.
BID AMOUNT $________________________per ton
Contractor shall furnish all labor, materials, equipment, tools, and insurance necessary to complete the work described in the Scope of Work.
Contractor: _______________________________________________________________
Address__________________________________________________________________
Phone ____________________________
E-mail __________________________________________________
Taxpayer ID # _____________________
Authorized Signature:
By: ______________________________________________
Name & Title (Printed) ______________________________________________
Date __________________
Work Authorization Affidavit
STATE OF MISSOURI )
) ss.
COUNTY OF _____________ )
As used in this Affidavit, the following terms shall have the following meanings:
EMPLOYEE: Any person performing work or service of any kind or character for hire within the State of Missouri.
FEDERAL WORK AUTHORIZATION PROGRAM: Any of the electronic verification of work authorization programs operated by the United States Department of Homeland Security or an equivalent federal work authorization program operated by the United States Department of Homeland Security to verify information of newly hired employees, under the Immigration Reform and Control Act of 1986 (IRCA), P.L. 99-603.
KNOWINGLY: A person acts knowingly or with knowledge, (a) with respect to the person’s conduct or to attendant circumstances when the person is aware of the nature of the person’s conduct or that those circumstances exist; or (b) with respect to a result of the person’s conduct when the person is aware that the person’s conduct is practically certain to cause that result.
UNAUTHORIZED ALIEN: An alien who does not have the legal right or authorization under federal law to work in the United States, as defined in 8 U.S.C. 1324a(h)(3).
BEFORE ME, the undersigned authority, personally appeared ____________________, who, being duly sworn, states on his oath or affirmation as follows:
1. My name is ___________________________ and I am currently the ______________ of _____________________ (hereinafter “Contractor”), and I am authorized to make this Affidavit.
2. I am of sound mind and capable of making this Affidavit and am personally acquainted with the facts stated herein.
3. Contractor is enrolled in and participates in a federal work authorization program with respect to the employees working in connection with the contracted services.
4. Contractor does not knowingly employ any person who is an unauthorized alien in connection with the contracted services set forth above.
________________________________ ____________________________
Affiant / Contractor Printed Name
Subscribed and sworn to before me this _____ day of ____________, 2022.
___________________________________________
SEAL Notary Public
DRAFT FORM OF AGREEMENT TO BE ENTERED INTO WITH SUCCESSFUL BIDDER
AGREEMENT
THIS AGREEMENT, made and entered into this ____ day of ____________, 2022, (the “Effective Date”) by _____________________ (hereinafter “Contractor”) and Cass County, Missouri (hereinafter “County”).
WHEREAS, County has caused to be prepared certain contract documents for rock hauling said contract documents setting forth such equipment, labor and/or services to be furnished as therein fully described; and,
WHEREAS, Contractor did file with County its bid to furnish such equipment, labor and/or services, as specified; and,
WHEREAS, the said contract documents adequately and clearly describe the terms and conditions upon which the Contractor is to furnish such equipment, facilities, labor and/or services as specified;
NOW, THEREFORE, in consideration of the compensation to be paid to the Contractor and of the mutual agreement herein contained, the parties to these presents have agreed and hereby agree, the County for itself and its successors, and the Contractor for itself, himself, or themselves, or its, his or their successors and assigns, or its, his or their executors and administrators, as follows:
Section 1. Term of Agreement. This Agreement shall begin as of the Effective Date and shall continue until Contractor has had a reasonable amount of time to complete the Project Services.
Section 2. Scope of Services. The Contractor shall provide the Project Services described in the Request for Proposals for Rock Hauling document, which is incorporated herein by this reference as if fully set forth. The Contractor will hire, train, supervise, direct the work of, and discharge all personnel engaged by them to perform the Project Services. The Contractor is solely responsible for payment of wages, salaries, fringe benefits and other compensation of, or claimed by, the Contractor’s personnel in the performance of the Project Services, including, without limitation, contributions to any employee benefit plans and all payroll taxes. Contractor shall be responsible to pay all costs for permits, licenses, fees and insurance which may be required to perform the work required. The Contractor will utilize the personal services of its staff to deliver the Project Services. The Contractor may also engage third-party contractors and other parties in connection with its performance of the Project Services, subject to prior approval by the County.
Section 3. Payment. County shall pay Contractor for the Project Services as follows:
$________ per ton.
Section 4. Federal Work Authorization. Pursuant to RSMo 285.530(1), by its sworn affidavit in substantially the form included in the bid documents and incorporated herein, Contractor hereby affirms its enrollment and participation in a federal work authorization program with respect to the employees working in connection with the contracted services. Furthermore, Contractor affirms that it does not knowingly employ any person who is an unauthorized alien in connection with the contracted services.
Section 5. Insurance Requirements.
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General Provisions. Contractor shall file (by the Effective Date) with the County evidence of liability insurance that is consistent with the amounts and endorsements set forth below, and shall maintain such insurance until this contract is terminated.
B. Limits and Coverage. Contractor shall, at all times during the performance of any of the Work, maintain not less than the following insurance coverages and amounts:
1. COMMERCIAL GENERAL LIABILITY - Contractor shall provide coverage for Contractor, County, its employees, officers, and agents, against claims for damage to property and/or illness of, injury to, or death of any person or persons related to or arising out of the Project Services. Such coverage shall name the County as an additional insured and have not less than the following limits:
a. Each occurrence $2,000,000.00
b. General aggregate $2,000,000.00
2. AUTOMOBILE LIABILITY - Contractor shall provide coverage for Contractor, County, its employees, officers, and agents, against claims for bodily injury and/or property damage arising out of the ownership or use of any owned, hired, and/or non-owned vehicle and shall include protection for any auto, or all owned autos, hired autos, and non-owned autos. The coverage shall have not less than a combined single limit of $2,000,000.00 for each accident.
3. WORKERS’ COMPENSATION AND EMPLOYER’S LIABILITY - This insurance shall protect Contractor against all claims under applicable state workers’ compensation laws. The limits shall not be less than the following:
a. Workers’ Compensation Statutory
Section 6. Additional Conditions
A. The Contractor shall be as fully responsible to the County for the acts and omissions of its subcontractors, and of persons either directly or indirectly employed by them, as Contractor is for the acts and omissions of persons it directly employs. Contractor shall cause appropriate provisions to be inserted in all subcontracts relating to this work, to bind all subcontractors to Contractor by all the terms herein set forth, and insofar as applicable to the work of subcontractors and to give Contractor the same power regarding termination of any subcontract as the County may exercise over Contractor under any provisions of this contract. Nothing contained in this contract shall create any contractual relation between the subcontractor and the County or between any subcontractors.
B. This agreement does not create an employee/employer relationship between the parties. It is the parties' intention that the Contractor will be an independent contractor and not the County's employee for all purposes, including, but not limited to, the application of the Fair Labor Standards Act minimum wage and overtime payments, Federal Insurance Contribution Act, the Social Security Act, the Federal Unemployment Tax Act, the provisions of the Internal Revenue Code, Missouri Revenue and Taxation laws, Missouri Workers' Compensation and Unemployment Insurance laws.
C. The County shall have the right at any time by written notice to Contractor to terminate and cancel this contract, without cause and without recourse, for the convenience of the County, and Contractor shall immediately stop work. In such event County shall not be liable in any manner whatsoever to Contractor except for payment for actual work performed prior to such notice in an amount proportionate to the completed contract price and for the actual costs of preparations made by Contractor for the performance of the cancelled portions of the contract, including a reasonable allowance of profit applicable to the actual work performed and such preparations. Anticipatory profits and consequential damages shall not be recoverable by Contractor.
D. The Contractor shall defend, indemnify and save harmless the County, its elected or appointed officials, agents and employees from and against any and all liability, suits, damages, costs (including attorney fees), losses, outlays and expenses from claims in any manner caused by, or allegedly caused by, or arising out of, or connected with, this contract, or the work or any subcontract thereunder (the Contractor hereby assuming full responsibility for relations with subcontractors), including, but not limited to, claims for personal injuries, death, property damage, or for damages from the award of this contract to Contractor.
E. The Contractor shall not assign any interest in this contract, and shall not transfer any interest in the same (whether by assignment or novation), without prior written consent of the County thereto, provided, however, that claims for money due or to become due to the Contractor from the County under this Contract may be assigned to a bank, trust company, or other financial institution without such approval. Notice of such assignment or transfer shall be furnished in writing promptly to the County and the bond surety. Any such assignment is expressly subject to all rights and remedies of the County under this agreement, including the right to change or delete activities from the Contract or to terminate the same as provided herein, and no such assignment shall require the County to give any notice to any such assignee of any actions which the County may take under this agreement.
F. This agreement contains the entire agreement of the parties. No modification, amendment, or waiver of any of the provisions of this agreement shall be effective unless in writing specifically referring hereto, and signed by both parties.
G. This agreement and every question arising hereunder shall be construed or determined according to the laws of the State of Missouri. Should any part of this agreement be adjudicated, venue shall be proper only in the Circuit Court of Cass County, Missouri.
H. Contractor shall execute and maintain its work so as to avoid injury or damage to any person or property. In carrying out its services, Contractor shall at all times be in compliance with all applicable local, state and federal laws, rules and regulations, and shall exercise all necessary precautions for the safety of employees appropriate to the nature of the work and the conditions under which the work is to be performed.
IN WITNESS WHEREOF, the Contractor and the County have executed this Agreement as of the Effective Date.
(Contractor): CASS COUNTY, Missouri (COUNTY):
By: ____________________________ By: __________________________
Name:___________________________ Name:________________________
Title:____________________________ Title: _________________________
Date:___________________________ Date:___________________________
