HomeMy WebLinkAbout126259 CHUCK HOFFMAN - 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 Chuck Hoffman, 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.
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EXHIBIT C
CITY OF FORT COLLINS
STREETS, PARKING LOTS AND SIDEWALK SNOW AND ICE REMOVAL
BILLING INSTRUCTIONS AND INVOICE FORM
Vendor Name: Phone Number:
Address (Street & #)
City, State, Zip Code:
INVOICE NO.:
BILLED TO: (City of Fort Collins)
LOCATION:
WORK DONE (Date/s and time/s):
HOURS:
WORK ACCOMPLISHED:
INVOICE DATE:
JOB NO.:
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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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.
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 AgreemenVby a subcontractor, which
liability is not covered by the subcontractor's insurance.
Page 1 of 1
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CERTIFICATE OF INSURANCE
SUCH INSURANCE AS RESPECTS THE INTEREST OF THE CERTIFICATE HOLDER WILL NOT BE CANCELED OR OTHERWISE
TERMINATED WITHOUT GIVING 10 DAYS PRIOR WRITTEN NOTICE TO THE CERTIFICATE HOLDER NAMED BELOW, BUT IN NO
EVENT SHALL THIS CERTIFICATE BE VALID MORE THAN 30 DAYS FROM THE DATE WRITTEN. THIS CERTIFICATE OF INSURANCE
DOES NOT CHANGE THE COVERAGE PROVIDED BY ANY POLICY DESCRIBED BELOW.
This certifies that: Q STATE FARM MUTUAL AUTOMOBILE INSURANCE COMPANY of Bborrd gton, Illinois, or
STATE FARM FIRE AND CASUALTY COMPANY of Bloomington, Illinois
has coverage in force for th
Named Insured
Address of Named Insured
S.so G86a-Ca/-
POLICY NUMBER
a&K -
DATE
OFPOLICY
9 aCi��3o-¢y3ai/�v
DESCRIPTION
/d d i �2c@cwv
OF
VEHICLE
Dit rK 1 T laa<
LIABILITY COVERAGE
Q YES Q NO
El YES
Q NO
Q YES
Q NO
[] YES
Q NO
LIMITS OF LIABILITY
a. Bodly lryury
✓^r'L/ht
Each Person
Each Accident
✓�Y/C
b. Property Damage
�,}
_.
Each AccKW
✓Y(/ r l
C. Bodily Irjury & Propety
Damage Sirgle Licit
Each Accident
PHYSICAL DAMAGE
Q YES NO
Q YES
Q NO
Q YES
Q NO
Q YES
[] NO
COVERAGES
a. Congrehertswe
$ Deductible
$
Deductible
$
Deductible
$
Deductible
Q YES NO
Q YES
Q NO
Q YES
[::] NO
Q YES
Q NO
b. C�
$ Deductible
$
Deductible
$
Deductible
$
Deductible
EMPLOYER'S
NON -OWNERSHIP
Q YES X NO
Q YES
Q NO
Q YES
Q NO
Q YES
Q NO
COVERAGE
HIREQ CAR COVERAGE
Q YES %�<NO
Q YES
Q NO
Q YES
Q NO
Q YES
Q NO
Signature of Nuffigieked Representa3we' Title Agent's Code Number Dag
Name and Address of Certificate Holder Name and Address of Agent
f —1 f
{TATf 111{N
M10SURANC
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c>iaRvw.cRal*rl,Age,n
Avenue
rafcains,0ulaado OM
Bus. 9M4N4374x9M484.7050 J
L J L
CERTIFICATE HOLDER COPY
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
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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 Chuck Hoffman
P.O. Box 580 1901 Longworth
Ft. Collins, CO 80522 Ft. Collins, CO 80526
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
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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
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provided to the City under this Agreement or cause of action arising out of performance of this
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
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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, 2Id 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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THE CI=OF T COLLINS, COLORADO
BY:V
Jam . O'Neill, II, CPPO, FNIGP
DirekW of Purchasing and Risk Management
Date:IF
Doing business as
By: a ul
PRINT NAME
Phone # Q 70 — 3o�9 — O VV!2
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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.
Name
I
11. END DUMPS
of Units IRate
12. TANDEM DUMP
Capacity (yds) lNumberofUnits I Rate per Hour
13. SINGLE AXEL
Rate per Hour
14. WHEEL LOADER
ICapaclty (yds) JNumberofUnits I Rate Der Hour
5. MOTOR GRADER
CCapacity (hp) lNumber of Units IRate per Hour
16. OTHER LARGE (i.e. Unimog)
(Capacity lNumber of Units I Rate Der Hour
7. BACK HOE
Capacity (hp) lNumber of Units Rate per Hour
8. SKID STEER
Capacity (hp) INumber 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 (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
13. HAND SHOVELING AND DE-
ICER APPLICATION
Rate per Hour
De-icer per lb
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