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HomeMy WebLinkAboutFOUTCH AND FOUTCH - CONTRACT - BID - 5811 SNOW AND ICE REMOVAL ANNUAL00500 SERVICES 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 Foutch & Foutch, Inc., 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, 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. Snow & Ice Removal 8 EXHIBIT C CITY OF FORT COLLINS STREETS, PARKING LOTS AND SIDEWALK SNOW AND ICE REMOVAL �[/ B LING INSTRUCTIONS AND INVOICE FORM Vendor Name: ED UT r/ E FU,U 2i,,'_ Phone Number: t 767_ Az - Address (Street & #) .59 57/ We s / 26 {'t S )'reel City, State, Zip Code: 6✓'cr/cy �Ol cry INVOICE DATE: INVOICE NO.: BILLED TO: (City of Fort Collins) JOB NO.: LOCATIO WORK DONE (Date/s and time/s):. HOURS: WORK ACCOMPLISHED: CHARGE: $ INSTRUCTIONS t. 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 times 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. Snow & Ice Removal 15 EXHIBIT D 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. 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. 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 Snow& Ice Removal 16 T'" FI Do ACORDN CERTIFICATE OF LIABILITY INSURANCE THE BURGESS AGENCY, INC. 9100 WEST JEWELL AVE #100 P.O. BOX 1S0037 LAKEWOOD, CO 9021.5-0037 NsuRED Foutch & Foutc , Inc 5951 W. 26th St. Greeley, CO 80634 ONLY AND CONFERS NO RIGHTS UPON THE CERTII HOLDER. THIS CERTIFICATE DOES NOT AMEND, EX ALTER THE COVERAGE AFFORDED BY THE POUCH INSURERS AFFORDING COVERAGE INSURERA: Atlantic Casualty Insurance CI iNSURERtr: Interstate Indemnity InsurLnCl r'• II11 l �JL PATi IMMIDDNY} 09/30/Z003 iMAT1ON i CATS !!ND OR INSLIRFRCo Fireman's Fund Insurance ComuanY I I I INE(1RERE: I THE POLICIES OF INSURANCE UBTBD 02LOW HAVE BEEN ISSUED TO THE INSURED NA%%0 ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY RGQUIRBMBNT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OP SUCH POLICIES. AGGREGATE LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. SIR TYPE OF INSURANCE POLICYNLIMBPR DATE N ON LIM" GENERAL LIANUrY EACH OCCURRENCE F 1 OOO OO FIRE DAMAGE (Any aleR,eH S 50,000 X COMMERCA4 GENERALUAI ILITY BD 10/02/2003 10/02/2004 CLAIMS MADE O OCCUR MEO EXP (Ary PM person) 3 S O0 r PCn:ONAL 6 ACV ELIUKY $ 11000.000 A GENERAL AGGREGATE S 21000.000 CEN'L AGGREGATE LIMIT APPLIES PER: PRODUCTS -(;OMPlOP A30 S 2,000,00 POLICY PRO- LOC AUTCMOBILE X LWSIUTY ANY AUTO _ TP6113773 0210.7/2003 02/07/2004 COMSINW SINGLE LIMITT �ecddenO S 1,,000,00 BODILY INJURY (Pw per'°°) S B ALL OW NW AUTOS SGHEDULEDAUTOS BODILY INJURY (Per ecerderl[y S HYWDAUTDS NON -OW NEC AUTOS PROPERTY DAMAGE (PerecdderdJ I X Truckers Policy OARAOL'WAANJTY AMONLY -EA ACCIDENT S OTHER THAN EA Ec— AUTO ONLY: AGG S ANYAUTO S EXCESS LIABILITY OCCUR CLAIMS LADE EACH OCCURRENCE P AGGREGATE S S 3 DEDUCTIBLE S RETENTION $ WORKERS COMPENSATION AVD qPP Lu 09102091 03/19/2003 04/01/260a X TORT UMITB ER __ D ENPLOYERS'LIABILGY E,L, EACH ACCIDENT 3 100,00 E.L.OISPABE-FA EMPLOYE S 100 000 fi.L.DISEASE-POLICY LIMIT S 500 00 C I.PTHER [argo I98468952 05/02/2003 O5/02/2004 580,000 51,000 Deductible 37P, f�aN DF CPC,ItJLTIQNSiLOt�iA'fIOyQNEHM`IE01RXCLUNON3 ADDED BY ENDORSEMENTWECIAL PROVISIONS artT Tcate er Ts Tst as an additional insured on the General Liability only ATINA. :ERTIFICATE HOLDER City of Fort Collins 215 N. Mason 2nd Floor Fort Collins, CO BOS22 INSURERLETTERt (:ARGtLLAI ION SHOULD ANY OF THE ABOVE DESCRIBED POLICIES EE CANCELLED YEiORE THE MOWTICN III THEREOP, THE ISSUING COMPANY WILL ENDEAVOR TO MAIL SO CATS wmrrEN NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE LEFT BUT FAILURE TO MAIL SUCH NOTICE SHALL IMPOSE NO OBLIGATION OR LIABILITY OP ANY IONS UPON TNB COMPANY, ITS AGENTS OR REPRESENTATIVES. r,4"-)ij wYED he !h 'V �. '�` � a � ,t hi'a '' • � - - - IMPORTANT If the certificate heftier is an AbtiITIONAL INSURED, the policy(les) must be andorsed. A statement on this certificate does not confer rights to the certificate holder in lieu of suoh andorcemont(s). If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder In lieu of such endorsement(s), DISCLAIMER The Certificate of Insurance on the reverse side of this form does not constitute a contract betWeen. the issuing insurer(s), authorized representative or producer, and the certificate holder, nor does it affirmatively or negatively emend, extend or alter the coverage afforded by the policies listed thereon. 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 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 October 1, 2003, and shall continue in full force and effect until September 30, 2004, 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 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 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 Snow & Ice Removal 9 City determine that the Contractor repeatedly fails to complete the work within the time required 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 Foutch & Foutch P.O. Box 580 5951 W. 26`h St. Ft. Collins, CO 80522 Greeley, CO 80634 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 and by this reference made a part hereof. (B) The Contractor shall submit invoices on the City's form entitled "Snow and Ice Snow & Ice Removal 10 Hazard Removal Billing Instruction and Invoice Form" attached hereto as Exhibit C 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 Snow& Ice Removal 11 0 provided to the City under this Agreement or cause of action arising out of performance of this Agreement. 13. Warran (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 workmanshiptworkwomanship 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 often (10) days within which to cure said default. Intheevent 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-defautting party's reasonable attorney fees and costs incurred because of the default. 16. Binding Effect. This writing, together with the exhibits hereto, constitutes the Snow& lee Removal 12 Ma entire agreement between the parties and shall be binding upon said parties, their officers, employees, agents and assigns and shall inure to the benefit of the respective survivors, heirs, personal representatives, successors and assigns of said parties. 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. Snow & Ice Removal 13 2tO Snow & Ice Removal THE CITY FORT COLLINS, C,OnLOR_AADOO BY:li� James B 'N II, II, CPPO, FNIGP Director f P rchasing and Risk Management Date: I I I { b `f Doina business as 14 /C. 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 r- 1. END DUMPS Capacity (yds) Number of Units Rate per Hour 5 2. TANDEM DUMP Capacity (yds) Number of Units Rate per Hour 3. SINGLE AXEL DUMP Capacity (yds) Number of Units Rate per Hour 4. WHEEL LOADER Capacity (yds) Number of Units Rate per Hour Y. 5 5. MOTOR GRADER Capacity (hp) INumber of Units Rate per Hour 6. OTHER LARGE (i.e. Unimog) Capacity Number of Units Rate per Hour 7G 7. BACK HOE Capacity (hp) Number of Units Rate per Hour 7 8. SKID STEER Capacity (hp) INumber of Units Rate per Hour Blade/Broom 2 AlAY0, od /vdt Snow & Ice Removal 9. SMALL TRACTOR Capacity (hp) Number of Units Rate per Hour Blade/Broom t ate. o c- 10. OTHER SMALL (i.e. 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 / CIO 10` oD / 13. HAND SHOVELING AND DE- ICER APPLICATION Rate per Hour De-icer per lb .�jmav VI- Snow & Ice Removal UOC4/0_d