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HomeMy WebLinkAbout112297 VINEY TRUCKING INC - CONTRACT - BID - 6113 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 Vmey Trucking 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 Service Provider on behalf of the City The City shall notify Service Provider
verbally via email or fax 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 for Completion The services described herein shall be completed by the Service
Provider within forty-eight (48) hours 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
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Bid Solicitation
Bid Solicitation ID 6113 Opening Date saW200615 00 00 PM
Buyer John Stephon CPPO Description Snow and lee Removal
Phone (970)221.6775
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Bid Attachments
File Namo Type DeAcriptlon
6113 Pelf Bk 'Bid 6113 Snow & Ice Removal
Bid Detail
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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 Employers Liability Insurance in an amount not less than
$400 000 for each occurrence for all of the Service Providers 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
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
provided equipment
Exception is when the vendor is operating City
5 Contract Period This Agreement shall commence upon signing and shall continue
in full force and effect until September 15 2009 unless sooner terminated as herein provided In
addition at the option of the City the Agreement maybe extended for an additional four year period
Pricing changes shall be negotiated by and agreed to by both parties and may use the Denver -
Boulder CPI U as published by the Colorado State Planning and Budget Office 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 Service Provider is fading to prosecute the work in a
manner which will assure timely completion or that the Service Provider 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 Service
Provider from further participation in the Snow and Ice Removal Program should the City determine
that the Service Provider repeatedly fails to complete the work within the time required or otherwise
fads 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 Service Provider whatsoever and the Service Provider shall be liable for any costs to the City as
a result of the termination The Citys 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 Purchasing Viney Trucking Inc
P O Box 580 Po Box 1446
Ft Collins CO 80522 LaPorte CO 80535
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 Service Provider 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 Service Provider shall submit invoices on the City s form entitled Snow and Ice
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 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 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
9 City Representative The City will designate a representative who shall make within
the scope of there 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 Provader'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 Agreement
13 Warren
(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 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 nonconformance s in design materials and
workmanship 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 nonconformance 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 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 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 Citys 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/Severabdity 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
20 Prohibition Against Employing Illegal Aliens Pursuant to Section 8-17 5-101 C R S
at seq Service Provider represents and agrees that
a As of the date of this Agreement
1 Service Provider does not knowingly employ or contract with an illegal
alien who will perform work under this Agreement and
2 Service Provider will participate in either the a -Verify 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 a -Verify Program ) or the Department Program (the
Department Program ) an employment verification program established pursuant to
Section 8-17 5 102(5)(c) C R S in order to confirm the employment eligibility of all
newly hired employees to perform work under this Agreement
b Service Provider 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 Service Provider is prohibited from using the a -Verify Program or Department
Program procedures to undertake pre -employment screening of job applicants while this
Agreement is being performed
d If Service Provider obtains actual knowledge that a subcontractor performing work
under this Agreement knowingly employs or contracts with an illegal alien Service Provider
shall
1 Notify such subcontractor and the Citywithin three days that Service Provider
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 Service Provider
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
e Service Provider 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
SEF-23-2006 12 bi OCCUPATIONAL HEALTH 9(U4tlbfb64 r uuZ
I Sfgrol vine 6113 Snow and Ice SI Uqt !re a e doe Y�,,,,,,,,,......, „�,,;-.?`
established in Subsection 8-17 5 102 (5) C R S
f If Service Provider violates any provision of this Agreement pertaining to
the duties imposed by Subsection 8.17 5 102 C R 8 the City may terminate this
Agreement If this Agreement is so terminated, Service Provider shall be Imble
for actual and consequential damages to the City arising out of service
Provider's violation of Subsection 8 17 6-102 C R S
The City wiu no* the Ofiae of the Secretary of Slate If Service Provider
violates this provision of this Agreemam and the City terminates tee Agreement for such
breach
TFIStMOF FORT COLLINS COLORADO
jarr B 0%1edl 11 CPPO FNIOP
Diref Purchasing and Risk Management
Date
COMP A tY NAME -/y
EII
PRINT NAME
Phone #/(? (0) �/F3 — I (/(/-'S
10TAL P 002
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 Please attach an equipment list with
cost for equipment and operator for equipment beyond this bid schedule
Contractor Name Vinev Truckin
1 END DUMPS
Capacity (yds)
Number of Units
Rate per Hour
8
$85 00
2 TANDEM DUMP
Capacity (yds)
Number of Units
Rate per Hour
3
$75 00
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 a Unimog)
Capacity
Number of Units
Rate per Hour
7 BACK HOE
Capacity (hp)
Number of Units
Rate per Hour