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HomeMy WebLinkAbout129302 HAGEMAN EARTH CYCLE - 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 Hageman Earth Cycle 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 Chances 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 09/22/2003 14 47 9702217163 PAGE 13 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 shoHnng 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 Fart 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 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 anse directly or indirectly from the performance of work under this Agreement Coverage for property damage shall be on a "broad form" bans The amount of insurance lobe 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 09/22/2008 14 47 9702217163 PAGE 03 assignment and without invalidating the Contract make changes within the general scope of the particular work assignment and the Service Provider agrees to perform such changed work 4 Materials Eaumment and La or 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 Exception is when the vendor is operating City provided equipment 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 may be extended for an additional four year period Pacing changes shall be negotiated by and agreed to by both pates 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 Clty 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 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 Service Provider whatsoever and the Service Provider 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 penods 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 City of Fort Collins Purchasing P O Box 580 Ft Collins CO 80522 Service Provider Hageman Earth Cycle Inc 3501 East Prospect Road Fort Collins CO 80525 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 Citys form entitled Snow and Ice Removal Billing Instruction and Invoice Form attached hereto as Exhibit C and by this reference 09/22/2008 14 47 9702217163 PAGE 05 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 fire (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 Reoresenta ve 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 Provider's compensation hereunder for the payment of FICA, Workmen s Compensation or othertaxes 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 09/22/2008 14 47 9702217163 PAGE 06 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 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 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 underthis 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 OePiagil 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 terns 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 09/22/2008 14 47 9702217163 PAGE 07 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 Indem i /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 2n° 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 18 LawlSeverability. 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 gainst Emoloyinq Illegal Aliens Pursuant to Section 8-17 5-101 C R S , 09/22/2008 14 47 9702217163 PAGE 08 et 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 e-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 Of. -Verify Program") or the Department Program (the `Department Program ) an employment venficabon 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-Venfy Program or Department Program procedures to undertake pre -employment screening of fob 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 ServiceProvider shall 1 Notify such subcontractor and the City within 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 09/22/2008 14 47 9702217163 PAGE 09 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 S the City may terminate this Agreement If this Agreement is so terminated, Service Provider shall be liable for actual and consequential damages to the City ansing out of Service Provider's violation of Subsection 8-17 5-102 CRS The City will notify the Office of the Secretary of State If Service Provider violates this provision of this Agreement and the City terminates the Agreement for such breach THE CITY OF FORT COLLINS COLORADO B Jami B O'Neill II CPPO FNIGP Dire f Purchasing and Risk Management Date NAME By wt u i'l aa) - 7/7 Phone# 566- 19/.F `cd�A 09/22/2008 14 47 9702217163 PAGE 12 3, 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 1 END DUMPS Capaci (yds) Number of Units Rate per Hour 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 S� I-C).Y,,T C&290il� 1A) ).:V' o 5 MOTOR GRADER Capacity (hp) Number of Units Rate per Hour 6 OTHER LARGE (i a Unimcg) Capacity Number of Units Rate per Hour 7 BACK HOE Capacity (hp) Number of Units Rate par Hour