HomeMy WebLinkAbout105405 DOUG WEITZEL EXCAVATING - 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 Doug Weitzel Excavating and Supplies, Inc., hereinafter referred to as "Service
Provider".
W ITNESSETH:
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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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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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 driver 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.
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
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):
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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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 Agreement by a subcontractor, which
liability is not covered by the subcontractor's insurance.
Page 1 of 1
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ACORD CERTIFICATE OF LIABILITY INSURANCE OP ID D DATE (MMIDDflY)
UGW-1 07/11/03
PRODUCER THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION
Brown & Brown Inc - Ft Collins ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE
125 S Howes, 5th Floor HOLDER. THIS CERTIFICATE DOES NOT AMEND, EXTEND OR
P O Box 2226 ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW.
Fort Collins CO 80522-2226
Phone: 970-482-7747 Fax: 970-484-4165 INSURERS AFFORDING COVERAGE
INSURED INSURER A: UNITED FIRE & CASUALTY
INSURER B: PINNACOL ASSURANCE
Doug
� ]Weitzel Excavating & INSURERC:
263D1FT�Mu%4r St. INSURERD:
Ft Collins CO 50521
INSURER E:
;sialrl=1:7_TH9
THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING
ANY REQUIREMENT, 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 OF SUCH
POLICIES. AGGREGATE LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS.
INSR
LTR
TYPE OF INSURANCE -
POLICY NUMBER
DATE MPOLICY MIDDIYY FECTIVE
XPIRATION
DATECY MMIDDIYY
LIMITS
A
GENERAL LIABILITY
X COMMERCIAL GENERAL LIABILITY
CLAIMS MADE FKOCCUR
60069729
07/01/03
07/01/04
EACH OCCURRENCE
$ 500000
FIRE DAMAGE (Any one fire)
$ 100000
MED EXP (Any one person)
$ 5000
PERSONAL S ADV INJURY
$500000
GENERALAGGREGATE
$ 1000000
GENT AGGREGATE LIMIT APPLIES PER:
17 PCILICYF-j JEC LOC
PRODUCTS-COMPIOP AGG
$ 1000000
A
AUTOMOBILE
LIABILITY
ANY AUTO
ALL OWNED AUTOS
SCHEDULED AUTOS
HIRED AUTOS
NON -OWNED AUTOS
60069729
"
07/01/03
07/01/04
COMBINED SINGLE LIMIT
(Ea accident)
$ 500000
X
BODILY INJURY
(Par person)
$
BODILY INJURY
(Per accident)
$
PROPERTY DAMAGE
(Per accident)
$
GARAGE LIABILITY
ANY AUTO
AUTO ONLY - EA ACCIDENT
$
OTHER THAN EA ACC
AUTO ONLY: AGG
$
$
A
EXCESS LIABILITY
X OCCUR 1-1 CLAIMS MADE
RDEDUCTIBLE
X RETENTION $ 10000
60069729
07/01/03
07/01/04
EACH OCCURRENCE
$ 1000000
AGGREGATE
$ 1000000
S
$
$
B
WORKERS COMPENSATION AND
EMPLOYERS'LIABILITY
4031492
07/01/03
07/01/04
X TORY LIMITS ER
E.L. EACH ACCIDENT
$ 500000
E.L. DISEASE - EA EMPLOYEE
$500000
E.L. DISEASE -POLICY LIMIT
S500000
OTHER
DESCRIPTION OF OPERATIONSILOCATIONSNEHICLESIEXCLUSIONS ADDED BY ENDORSEMENTISPECIAL PROVISIONS
Fax# 602-683-0242 Attn: Pamela Stinauer
I cm I IriuA I c nuEuCm Y Anmmnull IuQo lo=n• lucuero l=tree. a CANCFI I ATInN
SUNSTAI
SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION
Doug Weitzel EXcavating
DATE THEREOF, THE ISSUING INSURER WILL ENDEAVOR TO MAIL 10 DAYS WRITTEN
2630 West Mulberry
Ft. Collins, CO 80521
(970) 482-4983
NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE LEFT, BUT FAILURE TO DO SO SHALL
IMPOSE NO OBLIGATION OR LIABILITY OF ANY KIND UPON THE INSURER, ITS AGENTS OR
REPRESENTATIVES.
AUTHORIZED REPRESENTAME-�.. T+�
M�Wnw &ra Irlar7 VAL:VRU GVRPONATIVN 119159