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HomeMy WebLinkAboutBID - 10058 Snow and Ice Removal 2024-2025BID 10058 Snow & Ice Removal Page 1 of 26 INVITATION TO BID 10058 SNOW & ICE REMOVAL BIDS DUE: 3:00 PM MST (our clock), September 27, 2024 The City of Fort Collins is requesting bids from qualified Service Providers for snow and ice removal. The City intends to award to all responsive and responsible bidders. However, the City will prioritize and utilize Service Providers based on price, availability, responsiveness, performance, and suitability of equipment. As part of the City’s commitment to Sustainable Purchasing, electronic bid submission is required. Bids shall be submitted online through the Rocky Mountain E-Purchasing System (RMEPS) at http://www.bidnetdirect.com/colorado/city-of-fort-collins no later than 3:00 PM MT on September 27, 2024. Please note: submitting bids through RMEPS may need additional time for completion. Bids not submitted by the designated Opening Date and Time will not be accepted by the system. Bids may also be emailed to purchasing@fcgov.com. Emailed bids must be received before 3:00 p.m. (our clock) on September 27, 2024, and referenced as Bid No. 10058 Snow & Ice Removal in the subject of the email. Public Bid Opening: The bid opening will be conducted by video conference per the following information. At said place and time, and promptly thereafter, all Bids that have been duly received will be publicly opened and read aloud. To access the public Bid opening, please follow the link to join the Microsoft Teams meeting: Microsoft Teams Join the meeting now Meeting ID: 216 427 849 259 Passcode: nEER45 Alternatively, the bid opening can be accessed via phone. This option will only allow you to hear the audio presentation. Call in #: 1 970-628-0892 Phone Conference ID: 411 671 663# The City encourages all disadvantaged business enterprises to submit a bid in response to all invitations to bid. No individual or business will be discriminated against on the grounds of race, color, sex, or national origin. It is the City’s policy to create a level playing field on which DBEs can compete fairly and to ensure nondiscrimination in the award and administration of all contracts. Any questions should be submitted in writing via email, to Adam Hill, Senior Buyer at adhill@fcgov.com, with a copy to Tom Knostman, Project Manager, at Purchasing Division 215 N. Mason St. 2nd Floor PO Box 580 Fort Collins, CO 80522 970.221.6775 fcgov.com/purchasing BID 10058 Snow & Ice Removal Page 2 of 26 tknostman@fcgov.com, no later than 3:00 PM MT (our clock) on September 20, 2024. Please format your e-mail to include: Bid 10058 Snow & Ice Removal in the subject line. Questions received after this deadline may not be answered. Responses to all questions submitted before the deadline will be addressed in an addendum and posted on the Rocky Mountain E-Purchasing System webpage. Rocky Mountain E-Purchasing System hosted by BidNet: A copy of the Bid may be obtained at http://www.bidnetdirect.com/colorado/city-of-fort-collins. This BID has been posted utilizing the following Commodity Code(s): 962 39 Hauling Services 968 72 Snow and Ice Removal Services Prohibition of Unlawful Discrimination: The City of Fort Collins, in accordance with the provisions of Title VI of the Civil Rights Act of 1964 (78 Stat. 252, 42 US.C. §§ 2000d to 2000d- 4) and the Regulations, hereby notifies all bidders that it will affirmatively ensure that any contract entered into pursuant to this advertisement, disadvantaged business enterprises will be afforded full and fair opportunity to submit bids in response to this invitation and will not be discriminated against on the grounds of race, color, or national origin in consideration for an award. The City strictly prohibits unlawful discrimination based on an individual’s gender (regardless of gender identity or gender expression), race, color, religion, creed, national origin, ancestry, age 40 years or older, marital status, disability, sexual orientation, genetic information, or other characteristics protected by law. For the purpose of this policy “sexual orientation” means a person’s actual or perceived orientation toward heterosexuality, homosexuality, and bisexuality. The City also strictly prohibits unlawful harassment in the workplace, including sexual harassment. Further, the City strictly prohibits unlawful retaliation against a person who engages in protected activity. Protected activity includes an employee complaining that he or she has been discriminated against in violation of the above policy or participating in an employment discrimination proceeding. The City requires its Service Provider to comply with the City’s policy for equal employment opportunity and to prohibit unlawful discrimination, harassment and retaliation. This requirement applies to all third-party Service Provider and their subcontractors/subconsultants at every tier. Colorado Open Records Act: The City is a governmental entity subject to the Colorado Open Records Act, C.R.S. §§ 24-72-200.1 et seq. (“CORA”). Any bid submitted hereunder is subject to public disclosure by the City pursuant to CORA and City ordinances. All submitted bids, Bid Forms, and the awarded contract will be considered public records subject to disclosure under CORA. By responding to this Bid, Contractor hereby waives any and all claims for damages against the City for the City’s good faith compliance with CORA. Special Instructions: All bids must be properly signed by an authorized representative of the company with the legal capacity to bind the company to the agreement. Bids may be withdrawn up to the date and hour set for closing. Once bids have been accepted by the City and closing has occurred, failure to enter into contract or honor the purchase order will be cause for removal of supplier's name from the City of Fort Collins' bidders list for a period of twelve months from the date of the opening. The City may also pursue any remedies available at law or in equity. Bid prices must be held firm for a period of ninety (90) days after bid openings. Submission of a bid is deemed as acceptance of all terms, conditions and specifications contained in the City's specifications initially provided to the Service Provider. Any proposed modification BID 10058 Snow & Ice Removal Page 3 of 26 must be accepted in writing by the City prior to award of the bid. Only bids properly received by the Purchasing Office will be accepted. All bids should be clearly identified by the bid number and bid name contained in the bid proposal. No bid will be accepted from, or any purchase order awarded, to any person, firm or corporation in default on any obligation to the City. Bids must be furnished exclusive of any federal excise tax, wherever applicable. Service Providers must be properly licensed and secure necessary permits wherever applicable. The City may elect where applicable, to award bids on an individual item/group basis or on a total bid basis, whichever is most beneficial to the City. The City reserves the right to accept or reject any and all bids, and to waive any irregularities or informalities. Sales Prohibited/ Conflict of Interest: No officer, employee, or member of City Council, shall have a financial interest in the sale to the City of any real or personal property, equipment, material, supplies or services where such officer or employee exercises directly or indirectly any decision-making authority concerning such sale or any supervisory authority over the services to be rendered. This rule also applies to subcontracts with the City. Soliciting or accepting any gift, gratuity, favor, entertainment, kickback or any items of monetary value from any person who has or is seeking to do business with the City of Fort Collins is prohibited. Freight Terms: Unless otherwise noted, all freight is F.O.B. Destination, Freight Prepaid. All freight charges must be included in prices submitted on proposal. Collusive or Sham Bids: Any bid deemed to be collusive or a sham bid will be rejected and reported to authorities as such. Your authorized signature of this bid assures that such bid is genuine and is not a collusive or sham bid. Utilization of Award by Other Agencies: The City of Fort Collins reserves the right to allow other state and local governmental agencies, political subdivisions, and/or school districts to utilize the resulting award under all terms and conditions specified and upon agreement by all parties. Usage by any other entity shall not have a negative impact on the City of Fort Collins in the current term or in any future terms. Service Provider Registration: The City requires a new Service Provider receiving awards from the City to submit IRS form W-9 and requires all Service Providers to accept Direct Deposit (Electronic) payment. If needed, the W-9 form and the Service Provider Direct Deposit Authorization Form can be found on the City’s Purchasing website at www.fcgov.com/purchasing under Service Provider Reference Documents. Please do not submit these documents with your proposal, however, if you take exception to participating in Direct Deposit (Electronic) payments please clearly note such in your proposal as an exception. The City may waive the requirement to participate in Direct Deposit (Electronic) payments at its sole discretion. Bid results are posted online at http://www.bidnetdirect.com/colorado/city-of-fort-collins. Gerry Paul Purchasing Director BID 10058 Snow & Ice Removal Page 4 of 26 CITY OF FORT COLLINS GENERAL INFORMATION The City of Fort Collins is requesting bids from qualified Service Providers for snow and ice removal. The City intends to award to all responsive and responsible bidders. However, the City will prioritize and utilize Service Providers based on price, availability, responsiveness, performance, and suitability of equipment. Schedule The following represents the City’s target schedule for the bid. The City reserves the right to amend the target schedule at any time. • Bid issuance: September 13, 2024 • Question deadline: 3:00 PM MST on September 20, 2024 • Bid Opening Date: 3:00 PM MST (our clock) on September 27, 2024 • Award of Contracts (tentative): September 30, 2024 Agreement The awarded Service Providers are required to sign the City’s standard Services Agreement, which is attached to this Invitation to Bid (IFB). The Agreement will be effective for a period of one year. The City intends to award contracts to multiple Service Providers for the Work. The City reserves the right to choose which Service Provider to contact regarding any Work to be performed hereunder, unless order of preference and/or specific Work assignments are established by the City during the contracting process. Invoices & Payments Invoices for services should be emailed upon completion of the Work, or as otherwise specified in the Agreement, to invoices@fcgov.com. The cost of the Work completed shall be paid to the Service Provider on Net 30 terms following the submittal of a correct invoice by the Service Provider in accordance with the format attached hereto as Exhibit C or as otherwise approved by the Project Manager. Fees, Licenses, Permits The successful Service Provider shall be responsible for obtaining any necessary licenses, fees or permits without additional expense to the City. All equipment shall be properly licensed and insured, carry the appropriate permits and be placarded as required by law. Laws and Regulations All work and/or materials must meet current standards in force by recognized technical and professional societies, trade and materials supply associations, institutes and organizations, bureaus and testing laboratories. The Service Provider agrees to comply fully with all applicable local, State of Colorado and Federal laws and regulations and municipal ordinances to include American Disabilities Act (ADA). The Service Provider further agrees to comply fully with the Occupational Safety and Health Act, all regulations issued there under, and all state laws and regulations enacted and adopted pursuant thereto. BID 10058 Snow & Ice Removal Page 5 of 26 Insurance Service Provider is responsible for providing the City with insurance as required in the attached Agreement. BID 10058 Snow & Ice Removal Page 6 of 26 BID PROPOSAL 10058 SNOW & ICE REMOVAL We hereby enter our bid for the City of Fort Collins’ requirements for Snow and Ice Removal per the bid invitation and any referenced specifications: ATTENTION: SPECIAL INSTRUCTIONS The following must be provided in the bid submittal package:  1) Completed Bid Schedule (This will become Exhibit B in your Services Agreement). As many or as few items may be bid. Ensure that you only bid items that you can currently supply. You must also complete the contact information section on the second page of Exhibit B.  2) Insurance certificate (meeting the requirements set forth in Exhibit D of the Services Agreement) naming the City of Fort Collins as an additional insured for General Liability and Automobile Liability.  3) Evidence of Workers’ Compensation insurance as required by Exhibit D . If there is only the owner/operator performing Work, Workers’ Compensation insurance may not be required. In the event Workers’ Compensation is not required by law, the Service Provider must sign and submit Exhibit D-1 – Certificate of Exemption from Statutory Workers’ Compensation Law.  4) As applicable for Truck Drivers: a. Evidence of participation in an alcohol and controlled substances testing program for each driver. Evidence may consist of a letter from the testing consortium or certificate of participation, including effective dates of testing program. Effective dates shall encompass the duration of the Snow & Ice Removal Agreement. b. Copy of CDL Driver’s license for each driver including valid effective dates.  5) Signed and dated Services Agreement (attached). All fields required to be completed are highlighted in yellow. Failure to submit any of the above may result in your bid being considered non-responsive and you may be ineligible for the October 2024 - September 2025 snow and ice removal season. All responsive and responsible bidders will be emailed a copy of their fully executed Service Agreement. BID 10058 Snow & Ice Removal Page 7 of 26 EXHIBIT A SCOPE OF WORK 1. Contract snow and ice removal Work may consist of furnishing any equipment and labor from Exhibit B deemed necessary, on call to the City Streets Department or other City departments, to remove snow and ice hazards from City streets, parking lots and sidewalks per the terms of the contract. Clearing of snow shall occur outside the high traffic periods of the day (if possible) when the snow depth may be 0.5" or more or icy conditions are deemed unsafe, as specified by Streets Department Representative. Some sidewalks may have additional deposits of snow or ice placed upon them by City snow plowing operations compounding the assignment. Sidewalk clearing in these areas will be delayed until after street clearing is complete. Only those sidewalks specified by the City will be cleared as a part of this contract. 2. The City is requesting an hourly rate to provide equipment and operators to operate a variety of snow removal equipment including, but not limited to, dump trucks, graders, loaders, small tractors, utility vehicles, support and safety vehicles, walk-behind blowers, and brooms, ATV or walker mowers equipped with plows, skid steers, snow blowers and the like. The City is also requesting an hourly rate for operators only (item 16 for Exhibit B) to operate City owned equipment. Please enter your bid unit cost and the number of available units you can provide into Exhibit B attached below. The Service Provider’s operators must be experienced and licensed as applicable to operate the equipment and the City reserves the right to approve and remove Service Providers without cause should safety, production or public contact issues arise. Service Provider must provide liability insurance for property damage including the responsibility to reimburse the City for damages to City equipment due to unreasonable use or negligence by the Service Provider and its employees. 3. The Service Provider must be able to provide the equipment bid and a qualified operator Sunday through Saturday (24/7/365) at any time, within two hours of being called by the City Representative. 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. 4. The Principal Sidewalk Service Provider(s) (PSSP) for sidewalk and connector path snow and ice clearing shall consists of snow and ice removal for approximately 100 miles of sidewalks (widths varying from 2 to 10 feet wide), the 3.5 mile long Mason bike trail (12 feet wide including ramps), the Harmony Park and Ride lot and sidewalks, the Troutman railroad and South Shields underpasses, stairs and ramps, and the sidewalks at Colorado State Highway the Prospect and Kechter Overpasses, 392 & Harmony Interstate interchanges with I-25. These areas will be addressed after each significant snowfall event and may need to be repeated during longer duration storms. Maps of these areas will be provided to the selected PSSP Service Provider(s). 5. Bids to select the PSSP will be evaluated based upon unit prices, number of available units (equipment), past performance, knowledge of the area assignment/working with City personnel and two typical example snow events. The two snow events are detailed below as a Small Snow Event (5 inches of snow and less) and Large Snow Event (8 inches of snow and more); each with varying hourly unit needs. Bid unit prices entered into Exhibit B will be used for the analysis and selection of the PSSPs. The two snow events are examples and are used for evaluation purposes only and are not a guarantee of hours. BID 10058 Snow & Ice Removal Page 8 of 26 a. Small Snow Event (5 inches of snow and less) Item Number Equipment Description* Units 7 or 9 25 7 or 21 15 20 20 b. Large Snow Event (8 inches of snow and more) Item Number Equipment Description* Units 9 or 10 50 7 or 21 50 20 80 * Includes equipment, driver/operator, and fuel 6. The City will have a mandatory pre-season orientation meeting to give the PSSPs direction and reinforce the City’s expectations. After a storm, the PSSPs shall review their efforts in their assigned areas to verify that they are complete, and sidewalks are clear of snow from road overplow prior to declaring their efforts complete. It is the City’s intent that areas should be completed as quickly as possible, but no longer than 24-hours after the end of the snowfall. The City shall monitor the snow removal efforts including authorization to begin snow removal, inspection of completed Work, and provide mapping of areas deemed in need of additional effort. Damaged property shall be repaired at the Service Provider’s expense. 7. Material from any site may be hauled to various collection sites located around the City, as directed by the City Representative. 8. All truck drivers must have a valid CDL license, a DOT Medical Card, and all operators must BID 10058 Snow & Ice Removal Page 9 of 26 be qualified to operate the specified equipment. Any person (Service Provider) 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. Service Provider must maintain all required documentation and provide proof prior to working for the City and during the term of the contract upon request. Failure to provide documentation as requested may result in Service Provider’s suspension until such documentation is provided. Repeated violations may result in Service Provider being dismissed for the season. 9. The City has adopted a “Limitation on Engine Idling” to discourage the idling of vehicle engines. Service Provider must comply with turning off vehicles instead of idling for long periods (more than three minutes, as a general rule). The City also prefers, but does not mandate, that Service Providers run biodiesel in their equipment. 10. All equipment must comply with all DOT, CDL, and any other Local/State/Federal requirements. Trucks must be equipped with an effective load covering tarp. 11. All Work shall be performed in a professional, SAFE, courteous and efficient manner. The driver shall exercise the utmost courtesy to other drivers, the City, and the public including a zero tolerance for foul language on the job and during radio communications. The City reserves the right to terminate the contract or direct the Service Provider to remove an individual(s) from performing Work for the City under this contract in the event of non- compliance with this provision. 12. Service Providers must use appropriate sanitary facilities as provided by the City on each job site or facility. 13. The City shall not be responsible for any equipment failures, damage to equipment, or maintenance required on the equipment. The Service Provider is responsible for all fuel required for any equipment provided by the Contractor. The City of Fort Collins will provide fuel for City equipment provided with Contractor provide operators. 14. Any damage caused by the Service Provider's equipment, driver(s) or equipment operators using City supplied equipment shall be the sole responsibility of the Service Provider. The Service Provider shall indemnify and hold harmless the City for any damage done by the Service Provider’s staff, equipment/driver to any member of the public, private property, City property, or any part of the right-of-way. 15. At no time whatsoever shall a driver/operator be considered or become a City employee. However, the driver/operator must understand that their actions and behavior reflect upon the City’s reputation. 16. The City will not guarantee hours. Service Providers will be used on an as-needed basis, subject to the City’s needs, and Service Provider’s cost, availability, equipment type required, responsiveness and performance. 17. 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 per direction of the responsible City Representative. 18. The City will award to all responsive and responsible bidders. However, the City intends to BID 10058 Snow & Ice Removal Page 10 of 26 prioritize and utilize Service Providers based on price, availability, responsiveness, performance, and equipment. The City reserves the option to choose the Service Provider(s) at its sole discretion it deems best suited for any and all Work assignments or is otherwise in the best interest of the City. 19. At the City’s sole discretion, the optional Site-Specific Work Instruction Form, included as Attachment 1, may be used to define additional site-specific snow and ice removal instructions. 20. Additional snow and ice removal opportunities exist with the Fort Collins Parks Department. The Parks Department manages the snow and ice removal contract for properties owned by the Downtown Development Authority. These properties include: • Old Town Square: This location will require well-coordinated approach of equipment and hand shoveling to ensure Old Town Square is cleared of snow and ice to ensure safe pedestrian use by square users during business hours. This area may need to be repeated during longer duration storms. • Downtown renovated alleys: Trimble Court, Tenney Court, Old Firehouse Alley (West), Montezuma Fuller Alley, Dalzell Alley, West Mountain Alley, Old Firehouse/Sekner Alley, Tenney Alley, West Olive Alley, East Myrtle Alley, Harper Goff Alley. These areas are comprised of drivable and pedestrian-only areas with separate and different snow/ice removal needs. These areas may need to be repeated during longer duration storms. More information on these alleys can be found at https://downtownfortcollins.org/downtown-alleys/completed-alleys/. • Service Providers must coordinate with the Project Manager and City Staff for allowable equipment (Rubber Base Protection) and deicing materials that can be utilized on the newly completed paver installation on Linden Street between Jefferson Street & Walnut Street. 21. In addition to Old Town Square and the Downtown renovated alleys, the Parks Department manages the snow and ice removal contract for two pedestrian underpasses. One underpass is located at the intersection of Shields Street and Elizabeth Street. The other underpass is located near College Avenue and Foothill Parkway. These areas will be addressed after each significant snowfall event and may need to be repeated during longer duration storms. Qualification of Service Provider The City may make such pre-award survey as it deems necessary to determine the qualification of the Service Provider including suitability of the Service Provider’s vehicles and equipment to perform the Work. The Service Provider shall furnish to the City all such information and data as is reasonably required for this purpose. The City reserves the right to disqualify any bid if such determination is made resulting from the City’s assessment shows, in the sole opinion of the City, that the Service Provider is not properly qualified to perform the Work described herein. As part of the bid submittal, Service Providers shall submit a list of vehicles and equipment that will be made available to accomplish the Work and shall be prepared to have equipment inspected and approved by the City's Representative. The City reserves the right to accept or reject any or all bids, and to waive any informalities and BID 10058 Snow & Ice Removal Page 11 of 26 irregularities in the bids. The number and types of Service Providers used during any single storm will depend upon bid prices, equipment needs, responsiveness, performance, prevailing snow and ice conditions, site characteristics, and weather forecasts. All factors noted will be considered on a storm-by-storm basis to determine which Service Providers are called. The ideal Service Provider has the equipment flexibility to perform under various conditions AND who submits the lowest responsive and responsible bid. BID 10058 Snow & Ice Removal Page 12 of 26 ATTACHMENT 1 SITE-SPECIFIC WORK INSTRUCTION FORM (Optional form – City Representative to use for any site-specific instructions or needs) Service Provider Name: Location: Department: Snow Removal Date Range: Site Specific Instructions (Equipment needs, snow clearing hours, etc): City Representative Signature: Service Provider Signature: BID 10058 Snow & Ice Removal Page 13 of 26 EXHIBIT B BID SCHEDULE We hereby enter our bid for the City of Fort Collins' requirements for City Streets, Parking Lots, Old Town Square, downtown renovated alleys, and Sidewalk Snow and Ice Removal. Please attach an equipment list with cost for equipment and operator for any additional equipment not stated in this Bid Schedule. Item Number Equipment Description Available Per 1 End Dump, Rock Truck or Live Bottom $ 2 Tandem Dump Truck $ 3 Single Axel Dump Truck $ 4 Wheel Loader $ 5 Motor Grader $ 6 Backhoe $ 7 Skid Steer with attachment(s) (bucket, plow blade, etc.) $ 8 Skid Steer with attachment(s) (bucket, plow blade, etc.) with RUBBER BASE $ 9 Small Tractor with attachment(s) (bucket, plow blade, etc.) $ 10 Utility Tool Truck (Tool Cat) or equal with attachment(s) (broom, etc.) $ 11 ATV with attachment(s) (V-blade, etc.) $ 12 ATV with attachment(s) (V-blade, etc.) with RUBBER BASE $ 13 Walker Mower with 3' to 4' blade $ 14 Walker Mower with 3' to 4' blade with RUBBER BASE $ 15 Pick up with plow WITHOUT salt spreader $ 16 Pick up with plow WITHOUT salt spreader with RUBBER BASE $ 17 Hand Snow Removal Labor $ 18 Walk-Behind Snow Blower/Broom (45 hp or equal) $ 19 Ice Melt, Pounds (pet friendly, non-calcium) As Required $ 20 Qualified Operator for City Owned Small Tractor $ 21 MT55 with bucket or blade $ BID 10058 Snow & Ice Removal Page 14 of 26 22 Arrow board, Truck & Operator $ 23 Support Truck for Labor & Operator $ Note: The rate per hour stated above is the total hourly cost for the equipment, operator, and fuel. Please also note if any of equipment are running biodiesel. LEGAL FIRM NAME: Please include type of Organization (Corporation, Partnership, LLC, etc.) SIGNATURE: PRINT NAME: ADDRESS: PHONE: CELL PHONE: EMAIL: BID 10058 Snow & Ice Removal Page 15 of 26 EXHIBIT C CITY OF FORT COLLINS STREETS, PARKING LOTS AND SIDEWALK SNOW AND ICE REMOVAL BILLING INSTRUCTIONS AND INVOICE FORM USE THIS FORM, OR EQUIVALENT AS APPROVED BY CITY REPRESENTATIVE, WHEN INVOICING CONTRACTOR NAME: PHONE NUMBER: _______ ADDRESS (STREET & #) ____________________________________________ CITY, STATE, ZIP CODE: ___________________________________________ INVOICE NO.: ________________ INVOICE DATE: __________________ BILLED TO: (CITY OF FORT COLLINS) JOB NO.: _________ LOCATION: WORK DONE (DATE/S AND TIME/S): HOURS: WORK ACCOMPLISHED: ICEMELT MATERIAL USED: _______________ (IN POUNDS) CHARGE: CHARGE: $ _______________ DEFINITIONS 1. Invoice date: Date you are billing the City of Fort Collins. 2. Work done (date/s and time/s): Dates and times Work was conducted. 3. Hours: Man hours worked. 4. Work accomplished: Specifies type of Work conducted based on equipment descriptions in Exhibit B. BID 10058 Snow & Ice Removal Page 16 of 26 EXHIBIT D INSURANCE REQUIREMENTS 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. 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. Insurance certificates should show the certificate holder as follows: City of Fort Collins Purchasing Division PO Box 580 Fort Collins, CO 80522 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 by marking the appropriate box or adding a statement to this effect on the certificate, for any claims arising out of Work performed under this Agreement. 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 & Employer’s Liability insurance shall conform with statutory limits of $100,000 per accident, $500,000 disease aggregate, and $100,000 disease each employee, or as required by Colorado law. B. General Liability. The Service Provider shall maintain during the life of this Agreement such General Liability 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 General Liability, shall not be less than $1,000,000 combined single limits for bodily injury and property damage. C. Automobile Liability. The Service Provider shall maintain during the life of this Agreement such 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 Automobile Liability, shall not be less than $1,000,000 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 10058 Snow & Ice Removal Page 17 of 26 SAMPLE CERTIFICATE OF INSURANCE BID 10058 Snow & Ice Removal Page 18 of 26 EXHIBIT D-1 CERTIFICATE OF EXEMPTION FROM STATUTORY WORKERS’ COMPENSATION LAW AND ACKNOWLEDGEMENT OF RISK/HOLD HARMLESS AGREEMENTI, _________________________________ , as an owner / member / partner / stockholder (circle one) in ______________________________________ (insert business name), a Sole Proprietorship / Limited Liability Company / Partnership / Corporation (circle one), with a principal address of __________________________________________________________,certify to the City of Fort Collins, Colorado (the “City”) that the aforementioned business has no employees as defined by the Workers’ Compensation Act of Colorado, C.R.S. §§ 8-40-101, et seq., (the “Act”) other than those owners, members, partners, directors or other principals that have elected to be exempt from Workers’ Compensation coverage in accordance with Colorado law. On behalf of said business and its officers, agents, insurers, heirs, legal representatives, successors and assigns (collectively the “Business”), I warrant that I have full authority to execute this Exhibit on behalf of the Business. I warrant I understand the requirements of the Act with respect to providing Workers’ Compensation coverage for any employees of the Business. If the Business’s status changes in such a manner that requires Workers’ Compensation Insurance, the Business shall provide the City with a Certificate of Insurance evidencing proof of Workers’ Compensation Insurance coverage and Employer’s Liability Insurance coverage as required by the Agreement. The Business shall provide such Certificate of Insurance prior to the employees’ start of Work for the City. On behalf of the Business, I acknowledge the Business may be contracting to engage in activities that involve a risk of personal injury, that the Business is capable of performing the activities, and that the Business shall take all necessary precautions to prevent injury. The Business does hereby waive, release and forever discharge and hold harmless the City, its officers, employees, agents and insurers from any and all liability, damages, claims, causes of action and demands with respect to any bodily injury, personal injury, illness, or death that may result from the performance of the Agreement, either in law or equity, whether caused by the negligence or breach of contract of the City its officers, employees, agents and insurers or otherwise. The Business also understands that the City, its officers, employees, agents and insurers do not assume any responsibility for, or obligation to, provide the Business with financial assistance or other assistance, including but not limited to medical, health, or disability insurance in the event of any bodily injury, personal injury, illness or death The Business agrees to defend, indemnify, and hold harmless the City from any and all such claims. As an independent contractor, the Business acknowledges that neither the Business nor any person employed by or serving the Business is entitled to workers’ compensation benefits from the City. The Business hereby waives any rights or claims to workers’ compensation benefits from the City and agrees to indemnify and hold the City harmless against any claims for such benefits by any officer, director, owner, employee, or servant of the Business or any other person claiming through the Business. By signing this Certificate, the Business acknowledges that it is responsible and liable for all work-related injuries, and further requests the City waive its requirement for evidence of Workers’ Compensation Insurance. BUSINESS: _______________________________ By: ______________________________________ Printed: ___________________________________ Title: _____________________________________ Date: ____________________________________ BID 10058 Snow & Ice Removal Page 19 of 26 SERVICES AGREEMENT This SERVICES AGREEMENT (AGREEMENT) made and entered into the day and year set forth in the Agreement Period section below by and between the CITY OF FORT COLLINS, COLORADO, a Colorado Municipal Corporation, (CITY) and a(n) [enter state] [business type], (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 five (5) pages and incorporated herein by this reference. Irrespective of references in Exhibit A to certain named third parties, SERVICE PROVIDER shall be solely responsible for performance of all duties hereunder. This AGREEMENT 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. 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 or via email 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 of Commencement and Completion of Services. The services to be performed pursuant to this AGREEMENT shall be initiated and completed within forty-eight (48) 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 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 SERVICE PROVIDER is operating CITY provided equipment. BID 10058 Snow & Ice Removal Page 20 of 26 5. Contract Period. This AGREEMENT shall commence October 1, 2024 and shall continue in full force and effect until September 30, 2025, unless sooner terminated as herein provided. 6. Early Termination by CITY. Notwithstanding the time periods contained herein, the CITY may terminate this AGREEMENT at any time without cause or penalty by providing at least ten (10) calendar days written notice of termination to the SERVICE PROVIDER. 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. SERVICE PROVIDER shall submit a final invoice within ten (10) calendar days of the effective date of termination. Payment shall be the SERVICE PROVIDER's sole right and remedy for such termination. 7. Notices. All notices provided under this AGREEMENT shall be effective immediately when emailed or three (3) business days from the date of the notice when mailed to the following addresses: SERVICE PROVIDER: Copy to: Attn: Attn: Purchasing Dept. PO Box 580 Fort Collins, CO 80522 purchasing@fcgov.com All notices under this AGREEMENT shall be written. 8. Compensation. a. The CITY shall pay the SERVICE PROVIDER for the performance of this Contract, subject to additions and deletions provided herein, in accordance with Exhibit B, consisting of one (1) page, and incorporated herein by this reference. b. Invoices shall be emailed to invoices@fcgov.com with a copy to the Project Manager. The cost of the Work completed shall be paid to the SERVICE PROVIDER following the submittal of a correct itemized invoice by the SERVICE PROVIDER. The CITY is exempt from sales and use tax. The CITY’s Certificate of Exemption license number is 09804502. A copy of the license is available upon written request. c. The SERVICE PROVIDER shall submit invoices on the CITY's form entitled "Streets, Parking Lots and Sidewalk Snow and Ice Removal Billing Instruction and Invoice Form" attached hereto as Exhibit C, consisting of one (1) page, and incorporated herein, or on approved equivalent. Failure to use this form may 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. d. 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 BID 10058 Snow & Ice Removal Page 21 of 26 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. e. The CITY pays invoices on Net 30 days from the date of the invoice. 9. Appropriation. To the extent this AGREEMENT or any provision in it. requires payment of any nature in fiscal years subsequent to the current fiscal year and constitutes a multiple fiscal year debt or financial obligation of the CITY, it shall be subject to annual appropriation by Fort Collins City Council as required in Article V, Section 8(b) of the City Charter, City Code Section 8-186, and Article X, Section 20 of the Colorado Constitution. The CITY shall have no obligation to continue this AGREEMENT in any fiscal year for which there are no pledged cash reserves or supporting appropriations pledged irrevocably for purposes of payment obligations herein. Non-appropriation by the CITY shall not be construed as a breach of this AGREEMENT. 10. 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. 11. 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. 12. Subcontractors/Subconsultants. SERVICE PROVIDER may not subcontract any of the Services without the prior written consent of the CITY, which shall not be unreasonably withheld. If any of the Services are subcontracted hereunder (with the consent of the CITY), then the following provisions shall apply: a. the subcontractor must be a reputable, qualified firm with an established record of successful performance in its respective trade performing identical or substantially similar work; b. the subcontractor will be required to comply with all applicable terms of this AGREEMENT; c. the subcontract will not create any contractual relationship between any such subcontractor and the CITY, nor will it obligate the CITY to pay or see to the payment of any subcontractor; and d. the work of the subcontractor will be subject to inspection by the CITY to the same extent as the work of the SERVICE PROVIDER. 13. 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 BID 10058 Snow & Ice Removal Page 22 of 26 shall neither assign any responsibilities nor delegate any duties arising under the AGREEMENT without the prior written consent of the CITY. 14. Acceptance Not Waiver. The CITY's approval of Project Instruments furnished hereunder shall not in any way relieve the SERVICE PROVIDER of responsibility for the quality or technical accuracy of the Services. 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. 15. 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. 16. 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, that party may be declared in default upon notice. 17. 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. In the event of a dispute between the parties regarding this AGREEMENT, each party shall bear its own attorney fees and costs, except as provided for in the Indemnification and Technology Accessibility sections. BID 10058 Snow & Ice Removal Page 23 of 26 18. Entire Agreement; Binding Effect; Authority to Execute. This AGREEMENT, along with all Exhibits and other documents incorporated herein, shall constitute the entire AGREEMENT of the parties regarding this transaction and the matter recited herein. This AGREEMENT supersedes any prior agreements, promises, or understandings as to the matter recited herein. The AGREEMENT 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. Covenants or representations not contained in this AGREEMENT shall not be binding on the parties. In the event of a conflict between terms of the AGREEMENT and any exhibit or attachment, the terms of the AGREEMENT shall prevail. Each person executing this AGREEMENT affirms that they have the necessary authority to sign on behalf of their respective party and to bind such party to the terms of this AGREEMENT. 19. 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 two (2) pages, attached hereto and incorporated herein by this reference. In the event the SERVICE PROVIDER is exempt from Workers’ Compensation, the SERVICE PROVIDER shall complete Exhibit D-1 – Certificate of Exemption from Statutory Workers’ Compensation Law and Acknowledgement of Risk/Hold Harmless Agreement, consisting of one (1) page, attached hereto and incorporated herein by this reference. The SERVICE PROVIDER, before commencing services hereunder, shall send to the City's Purchasing Department via email to purchasing@fcgov.com one copy of a certificate evidencing the insurance coverage required from an insurance company acceptable to the City. 20. Law/Severability. The laws of the State of Colorado and the City of Fort Collins Charter and Municipal Code shall govern the construction, interpretation, execution, and enforcement of this AGREEMENT—without regard to choice of law or conflict of law principles. The Parties further agree that Larimer County District Court is the proper venue for all disputes. If the CITY subsequently agrees in writing that the matter may be heard in federal court, venue will be in U.S. District Court for the District of Colorado. In the event any provision of this AGREEMENT shall be held invalid or unenforceable by any court of competent jurisdiction, that holding shall not invalidate or render unenforceable any other provision of this AGREEMENT. BID 10058 Snow & Ice Removal Page 24 of 26 21. Prohibition Against Unlawful Discrimination. The SERVICE PROVIDER acknowledges that the CITY, in accordance with the provisions of Title VI of the Civil Rights Act of 1964 (78 Stat. 252, 42 US.C. § 2000d to 2000d-4); C.R.S. § 24-34-401, and any associated State or Federal laws and regulations strictly prohibits unlawful discrimination based on an individual’s gender (regardless of gender identity or gender expression), race, color, religion, creed, national origin, ancestry, age 40 years or older, marital status, disability, sexual orientation, genetic information, or other characteristics protected by law. Pursuant to CITY policy “sexual orientation” means a person’s actual or perceived orientation toward heterosexuality, homosexuality, and bisexuality. The CITY also strictly prohibits unlawful harassment in the workplace, including sexual harassment. Further, the CITY strictly prohibits unlawful retaliation against a person who engages in protected activity. Protected activity includes an employee complaining that he or she has been discriminated against in violation of the above policy or participating in an employment discrimination proceeding. The SERVICE PROVIDER shall comply with the CITY’s policy for equal employment opportunity and to prohibit unlawful discrimination, harassment and retaliation. This requirement applies to all third-party vendors and their subcontractors at every tier. 22. ADA and Public Accommodations. In performing the Services required hereunder, the SERVICE PROVIDER agrees to meet all requirements of the Americans with Disabilities Act of 1990, C.R.S. § 24-85-101, and all applicable rules and regulations (ADA), and all applicable Colorado public accommodation laws, which are imposed directly on the SERVICE PROVIDER or which would be imposed on the CITY as a public entity. 23. Governmental Immunity Act. No term or condition of this AGREEMENT shall be construed or interpreted as a waiver, express or implied, of any of the notices, requirements, immunities, rights, benefits, protections, limitations of liability, and other provisions of the Colorado Governmental Immunity Act, C.R.S. § 24-10-101, and under any other applicable law. 24. Colorado Open Records Act. The SERVICE PROVIDER acknowledges the CITY is a governmental entity subject to the Colorado Open Records Act, C.R.S. § 24-72-201 (CORA), and documents in the CITY’s possession may be considered public records subject to disclosure under the CORA. 25. Delay. Time is of the essence. Subject to Force Majeure , if the SERVICE PROVIDER is temporarily delayed in whole or in part from performing its obligations, then the SERVICE PROVIDER shall provide written notice to the CITY within two (2) business days defining the nature of the delay. Provision of written notice under this Section shall not operate as a waiver of any rights or benefits provided to the CITY under this AGREEMENT. 26. Force Majeure. No Party hereto shall be considered in default in the performance of an obligation hereunder to the extent that performance of such obligation is delayed, hindered, or prevented by force majeure. Force majeure shall be any cause beyond the control of the party that could not reasonably have been foreseen and guarded against. Force majeure BID 10058 Snow & Ice Removal Page 25 of 26 includes, but is not limited to, acts of God, fires, riots, pandemics, incendiarism, interference by civil or military authorities, compliance with regulations or orders of military authorities, and acts of war (declared or undeclared), provided such cause could not have been reasonably foreseen and guarded against by the affected party. Force majeure shall not include increases in labor, commodity, utility, material, supply, fuel, or energy costs, or compliance with regulations or orders of civil authorities. To the extent that the performance is actually prevented, the SERVICE PROVIDER must provide notice to the CITY of such condition within ten (10) calendar days from the onset of such condition. 27. Order of Precedence. In the event of a conflict or inconsistency within this AGREEMENT, the conflict or inconsistency shall be resolved by giving preference to the documents in the following order of priority: a. The body of this AGREEMENT (and any written amendment), b. Exhibits to this AGREEMENT, and c. The Purchase Order document. 28. Prohibited Terms. Nothing in any Exhibit or other attachment shall be construed as a waiver of any provision above. Any terms included in any Exhibit or other attachment that requires the CITY to indemnify or hold SERVICE PROVIDER harmless; requires the CITY to agree to binding arbitration; limits SERVICE PROVIDER’s liability; or that conflicts with statute, City Charter or City Code in any way, shall be void. [Signature Page Follows] BID 10058 Snow & Ice Removal Page 26 of 26 THE CITY OF FORT COLLINS, COLORADO By: Gerry Paul Purchasing Director DATE: COMPANY NAME By: Printed: Title: Date: