HomeMy WebLinkAbout292606 STILO ENTERPRISES - CONTRACT - BID - 5811 SNOW AND ICE REMOVALSERVICES AGREEMENT
THIS AGREEMENT made and entered into the day and year set forth below by and between
THE CITY OF FORT COLLINS, COLORADO, a Municipal Corporation, hereinafter referred to
as the "City" and Stilo Enterprises, hereinafter 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. Services to be Performed. This Contract 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,
consisting of two (2) pages attached hereto and by this reference made a part hereof. The
conditions set forth herein shall apply to all services performed by the Contractor on behalf of
the City. The City shall notify Contractor verbally 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 Contractor 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 Contractor.
After completing the work described in any one notice, the Contractor shall so notify the
City Inspector by calling (970) 221-6615.
If, upon arrival at the work location, the Contractor finds that any or all of the work
assigned has been or is being accomplished by others, the Contractor shall leave the location
and immediately notify the City Inspector,
2. Time for Completion. The services described herein shall be completed by the
Contractor within twenty-four (24) hours after receiving notification to proceed.
3. Changes in the Work. The City may, at any time during the term of a particular work
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EXHIBIT A
SCOPE OF WORK
1. The work consists of furnishing any equipment and labor deemed necessary, on call
by the City Streets Department, to remove snow and ice hazards from City streets, parking lots
and sidewalks per the terms of a Contract for Snow and Ice Removal (attached). Clearing of
snow shall occur before the high traffic periods of the day when the snow depth is 2" or more
(7:30 a.m.-8:30 a.m; 12:00 p.m.-1:00 p.m.; 4:30 p.m.-6 p.m.) or as specified by Streets
Department representative. Some sidewalks may have had additional deposits of snow or ice
placed upon them by City snowplows during street snow removal operations. Only those
sidewalks specified by the Streets Department will be cleared as a part of this contract; it is the
responsibility of the adjacent resident/s/ to clear sidewalks of free -falling snow. The existing
parking lots to be contracted for clearing are as follows and the City reserves the right to change
as needed:
1) Block 31 Lot - Howes Street and Laporte Avenue
2) American Lot - Mason Street and Laporte Avenue
3) Remington/Oak Lot - Remington Street and Oak Street
4) Olive/Mathews Lot - Olive Street and Mathews Street
5) Mountain Lot - East Mountain Street
6) Jefferson Lot - Jefferson Street
2. Vendor must be able to provide the equipment bid and a qualified operator Sunday
through Saturday at any time, within one hour 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.
3. Material from any site may be hauled to various dump sites located around the City, as
directed by the City Representative. Other City departments may use this bid.
4. All Truck Drivers must have a valid CDL license, and all operators be qualified to operate
the equipment.
5. 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 if needed.
6. All work shall be done in a professional, SAFE, courteous and efficient manner. The
driver or operator shall exercise the utmost courtesy to other drivers and pedestrians.
7. The City shall not be responsible for any equipment failures, damage to equipment, or
maintenance required on the equipment. The vendor is responsible for all fuel required.
8. Any damage caused by the vendor's equipment or driver shall be the sole responsibility
of the vendor. The vendor shall indemnify and hold harmless the City for any damage done by
the vendor's equipment/driver to any member of the public, private property, and any part of the
right-of-way. If City -owned equipment, or City employees directly cause any damage, the City
will assume responsibility for the damage.
9. At no time whatsoever shall the driver be considered or become a City employee
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10. The City will not guarantee hours. Vendors will be used on an as -needed basis,
depending on job site, availability and type of equipment.
11. 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 City Representative.
12. The City shall have the option to proceed with calling the next available vendor if the
lowest vendor is not available. In case of a tie, the City Representative will alternate calling the
tied vendors. Vendors who want to work for the City, but were not included in the original bid,
will be added to the end of the list, regardless of price, upon approval by the City. When
special conditions arise, the City shall have the option to choose the vendor to fit any special
equipment needs.
13. At the option of the City, the Agreement may be extended for additional one year
periods not to exceed three (3) additional one year periods. Pricing changes shall be negotiated
by and agreed to by both parties and may not exceed the Denver - Boulder CPI-U as published
by the Colorado State Planning and Budget Office. Written notice of renewal shall be provided
to the Service Provider and mailed no later than 90 days prior to contract end.
14. The City does not intend to award to one vendor, but will issue multiple awards.
15. Vendors that are completing sidewalk snow abatements should provide a digital camera
with sufficient memory or memory cards capable of taking and storing up to 100 digital photos.
Vendor must be able to download to a City PC or e-mail pictures to the City representative using
either Adobe Photo Delux or Camedia software. All digital photos provided are the property of
the City.
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EXHIBIT B
BID SCHEDULE
We hereby enter our bid for the City of Fort Collins' requirements for City Street, Parking Lots
and Sidewalk Snow and Ice Removal. NOTE: Any move -on charges for sidewalk clearing will
be assessed at fifty percent (50%) of your hourly rate for each job.
Contractor Name
1. END DUMPS
Capacity (yds)
Number of Units
Rate per Hour
2. TANDEM DUMP
Capacity (yds)
Number of Units
Rate per Hour
G
3. SINGLE AXEL DUMP
Capacity (yds)
Number of Units
Rate per Hour
4. WHEEL LOADER
Capacity (yds)
Number of Units
Rate per Hour
5. MOTOR GRADER
Capacity (hp)
Number of Units
Rate per Hour
6. OTHER LARGE (i.e. Unimog)
Capacity
Number of Units
Rate per Hour
7. BACK HOE
Capacity (hp)
Number of Units
Rate per Hour
8. SKID STEER
Capacity (hp)
Number of Units
Rate per Hour
Blade/Broom
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9. SMALL TRACTOR
Capacity (hp)
Number of Units
Rate per Hour
Blade/Broom
10. OTHER SMALL (ke. Walker
Mower
Capacity (hp)
Number of Units
Rate per Hour
Blade/Broom
11. WALK -BEHIND SNOW BLOWER
Capacity (hp)
Number of Units
Rate per Hour
Width
12. PICK-UP WITH PLOW
Capacity (ton)
Number of Units
Rate per Hour
Blade width
13. HAND SHOVELING AND DE-
ICER APPLICATION
Rate per Hour
De-icer per lb
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EXHIBIT C
Snow and Ice Hazard Removal Billing Instruction and Invoice Form
Vendor Nam
Address (Street & #)
City, State, Zip Code:
INVOICE NO.:
BILLED TO: (City of Fort Collins)
LOCATION:
WORK DONE (Date/s and time/s
Phone Number:
INVOICE DATE:
JOB NO.:
HOURS:
WORK ACCOMPLISHED:
CHARGE: $
INSTRUCTIONS
1. Invoice date will be the date you are billing the City of Fort Collins.
2. Hours will be man hours.
3. Work done is date/s and time/s you do the work.
4. Work accomplished: Removal, truck only; removal, grader,
blower, truck or whatever combination you used.
5. Attach an original copy of "Lien Release" form for each
Subcontractor or Supplier used to each invoice dated the same
date or subsequent to the invoice date. Failure to do so will
result in the denial of payment until Contractor is in compliance.
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INSURANCE AND LIABILITY
General.
The Service Provider will provide, from insurance companies acceptable to the City, the
insurance coverage designated hereinafter and pay all costs. Before commencing work
under this bid, the Service Provider shall furnish the City with certificates of insurance
showing the type, amount, class of operations covered, effective dates and date of
expiration of policies, and containing substantially the following statement"
"The insurance evidenced by this Certificate will not be cancelled or materially altered,
except after ten (10) days written notice has been received by the City of Fort Collins."
In case of the breach of any provision of the Insurance Requirements, the City, at its
option, may take out and maintain, at the expense of the Service Provider, such
insurance as the City may deem proper and may deduct the cost of such insurance from
any monies which may be due or become due the Service Provider under this
Agreement. The City, its officers, agents and employees shall be named as additional
insureds on the Service Provider's general liability and automobile liability insurance
policies for any claims arising out of work performed under this Agreement.
2. Insurance coverages shall be as follows:
A. Compensation and Employer's Liability. The Service Provider shall maintain
during the life of this Agreement Workers' Compensation insurance as required
by Colorado law, and Employer's Liability Insurance, in an amount not less than
$400,000 for each occurrence, for all of the Service Provider's employees
engaged in work performed under this Agreement.
B. Commercial General Liability. The Service Provider shall maintain during the life
of this Agreement such commercial general liability and automobile liability
insurance as will provide coverage for claims for damages for 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 to be provided shall be not less than $500,000 combined single limits
for bodily injury and property damage.
In the event any work under this Agreement 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.
Page 1 of 1
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EXHIBIT E
AFFIDAVIT PURSUANT TO C.R.S. 24-76.5-103
I, 4Z, 3 /d % S% o, swear or affirm under penalty of perjury under the laws of the
State of Colorado that (check one):
I am a United States citizen, or
I am a Permanent Resident of the United States, or
I am lawfully present in the United States pursuant to Federal law.
I understand that this sworn statement is required by law because I have applied for a
public benefit. I understand that state law requires me to provide proof that I am lawfully
present in the United States prior to receipt of this public benefit. I further acknowledge
that making a false, fictitious, or fraudulent statement or representation in this sworn
affidavit is punishable under the criminal laws of Colorado as perjury in the second
degree under Colorado Revised Statute 18-8-503 and it shall constitute a separate
criminal offense eachtime a public benefit is fraudulently received.
iture Date
INTERNAL USE ONLY Valid forms of identification
Y --- current Colorado driver's license, minor driver's license, probationary driver's license,
commercial driver's license, restricted driver's license, instruction permit
Y--- current Colorado identification card
Y---U.S. military card or dependent identification card
Y---U.S. coast guard merchant mariner card
Y--- Native American tribal document
The following forms of identification may be accepted through February 28, 2007*
Y --- original birth certificate from any state of the United States
Y --- certificate verifying naturalized status by U.S. with photo and raised seal
---certificate verifying U.S. citizenship by U.S. government, e.g., U.S. passport
p--- order of adoption by a U.S. court with seal of certification
q--- valid driver's license from any state of the U.S. or the Dist. of Columbia excluding AK, Hl, IL,
MD, Ml, NE, NM, NC, OR, TN, TX, UT, VT and WI
T---valid immigration documents demonstrating lawful presence, e.g., current foreign passport with
current 1-551 stamp or visa, current foreign passport with 1-94, 1-94 with asylum status, unexpired
Resident Alien card, Permanent Resident card or Employment Authorization card
*A waiver may be available where no identification exists or can be obtained due to a medical
condition, homelessness, or insufficient documentation to receive a Colorado I.D. or driver's
license. Contact your department director.
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assignment and without invalidating the Contract, make changes within the general scope of the
particular work assignment and the Contractor agrees to perform such changed work.
4. Materials. Equipment and Labor. The Contractor undertakes and agrees to furnish
and pay for all materials, supplies, labor, transportation, equipment, tools, services and
supervision necessary to perform any services hereunder.
5. Contract Period. This Agreement shall commence upon signing, and shall
continue in full force and effect until September 30, 2008 unless sooner terminated as herein
provided. In addition, at the option of the City, the Agreement may be extended for an
additional three year period. Pricing changes shall be negotiated by and agreed to by both
parties. The Denver - Boulder CPI-U as 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.
6. 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.
7. Termination.
(A) The City shall have the right to terminate this Contract as to any work assignment
for default should the City determine that the Contractor is failing to prosecute the work in a
manner which will assure timely completion or that the Contractor is not performing any of the
provisions of this Contract or the notification.
(B) The City shall have the right to terminate this Contract for default, barring the
Contractor from further participation in the Snow and Ice Hazard Removal Program, should the
City determine that the Contractor repeatedly fails to complete the work within the time required
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or otherwise fails to perform the work in accordance with the provisions of this Contract.
(C) If the City terminates for default, the City shall not be liable for any further
payments to the Contractor whatsoever, and the Contractor shall be liable for any costs to the
City as a result of the termination. The City's rights herein shall be in addition to any other
remedies it may have under the law.
(D) 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 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, Streets Stilo Enterprises
P.O. Box 580 PO Box 358
Ft. Collins, CO 80522 Loveland, CO 80539
In the event of early termination by the City, the Service Provider shall be paid for
services rendered to the date of termination, subject only to the satisfactory performance of the
Service Provider's obligations under this Agreement. Such payment shall be the Service
Provider's sole right and remedy for such termination.
8. Payments.
(A) The City agrees to pay and the Contractor agrees to accept as full payment for all
work done and all materials furnished and for all costs and expenses incurred in the
performance of the work under the notification in accordance with the prices stated within the
Bid Schedule Proposal Form, attached hereto as Exhibit B consisting of two (2) pages, and by
this reference made a part hereof.
(B) The Contractor shall submit invoices on the City's form entitled "Snow and Ice
Hazard Removal Billing Instruction and Invoice Form" attached hereto as Exhibit C consisting of
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one (1) page, and by this reference made a part hereof. Failure to use this form will 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.
(C) Within thirty (30) days after the final acceptance of the work, the City Inspector
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 Contractor in a satisfactory
manner and upon the Contractor furnishing satisfactory evidence of payment of all wages,
taxes, supplies and materials, and other costs incurred in connection with the performance of
such services.
9. City Representative. The City will designate a representative who shall make,
within the scope of his 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.
10. 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.
11. 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 shall
neither assign any responsibilities nor delegate any duties arising under the Agreement without
the prior written consent of the City.
12. 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
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Agreement.
13. 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.
14. 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.
15. 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. 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.
16. 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,
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employees, agents and assigns and shall inure to the benefit of the respective survivors, heirs,
personal representatives, successors and assigns of said parties.
17. 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 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, 215 N. Mason, 2nd Floor, Fort Collins, Colorado 80524 one
copy of a certificate evidencing the insurance coverage required from an insurance company
acceptable to the City.
18, Entire Agreement. This Agreement, along with all Exhibits and other documents
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.
19. 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.
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20. Prohibition Against Employing Illegal Aliens. This paragraph shall apply to all
Contractors whose performance of work under this Agreement does not involve the delivery of a
specific end product other than reports that are merely incidental to the performance of said
work. Pursuant to Section 8-17.5-101, C.R.S., et. seq., Contractor represents and agrees that:
a. As of the date of this Agreement:
1. Contractor does not knowingly employ or contract with an illegal alien;
and
2. Contractor has participated or attempted to participate in the basic pilot
employment verification 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 'Basic
Pilot Program") in order to confirm the employment eligibility of all newly hired
employees.
b. Contractor 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. Contractor shall continue to apply to participate in the Basic Pilot Program and
shall in writing verify same every three (3) calendar months thereafter, until Contractor is
accepted or the public contract for services has been completed, whichever is earlier.
The requirements of this section shall not be required or effective if the Basic Pilot
Program is discontinued.
d. Contractor is prohibited from using Basic Pilot Program procedures to undertake
pre -employment screening of job applicants while this Agreement is being performed.
e. If Contractor obtains actual knowledge that a subcontractor performing work
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under this Agreement knowingly employs or contracts with an illegal alien, Contractor
shall:
1. Notify such subcontractor and the City within three days that Contractor
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 Contractor 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.
f. Contractor 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.
g. If Contractor 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, Contractor shall be liable for actual and consequential
damages to the City arising out of Contractor's violation of Subsection 8-17.5-102,
C.R.S.
In . The City will notify the Office of the Secretary of State if Contractor violates this
provision of this Agreement and the City terminates the Agreement for such breach.
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THE CITY -Olf FORT C LINS OLORADO
BY:
-(Ckjames B. O'Neill, 11, C'P-PO, 'FNiGP
Director of Purchasing and Risk Management
Date: ( - � (-tl — 0 6-
Stilo
By:
PRINT NAME
Phone# 0
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