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HomeMy WebLinkAbout107125 BIVENS TRUCKING & EXCAVATING 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 Bivens 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 amval 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 EXHIBIT D INSURANCE AND LIABILITY The Service Provider will provide, from insurance companies acceptable to the City the Insurance coverage designated hem and pay all cow Before comniarneing work under this bid, the Service Provider shall furnish the City with certificates of insurance the type amount class Of operations covered, efteclim dabs and date of expiration of policies, and containing substantially the following statemenr "The insurance evidenced by this Cerbllcade will not be cancelled or materially aitered, except ardor ten (10) days written notice has been received by the City of Fort Collins " In case ofthe broach of airy Wmieron ofthe imwmoe Regtorerrenls the City. at its option may take out and maintain at the expense of the Service Provider, such insurance as the City may'n o proper and may deduct the cost of such insurance from any monies which maybe due or become due the Service Rwkler under this Agreement. The City its officers, agents and employees shall be named as additional insureds an the Service Providers general lability and automobile liability, Insurance policies for any dews arising out of work perfumed under this Agreement. 2 Insurance coverages shall be as follows A Compensation and Employers Labiliy The Serves Providershall mashfan during the We of this Agreement Workout Compensation I strrance as required by Colorado law and Employers Lability Insurance, in an amount not low than $400,000 fax each occurrence, for all of the Ser Ace Providers employees engaged in work performed under this Agreement B Commercial General Liability The Service Provider shallmandsh during the life of this Agreement such commercial general liability and autamoble liability entrance as will provide coverage for dabs for damages for r i a n ai lhjuy Including accidental des h, as well as for claims for property damage, whidh may arise directly or indirectly from the performance of work under this Agreermert Coverage for property damage shall be on a "broad fo►m" basis The amount of insurance to be provided shall be not less than $500,000 combined single limits for bodily rrgury and property damage In the event any work under this Agreement is perfcnned by a subcontractor the Seance Provider shall be responsible for any liabdity 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 EXHIBITA SCOPE OF WORK The work consists of furnshing any equpTwd and labor deemed necessary. on cad by the City Streets ' to remove snow and ice hazards from City streets, Daunt lets and al (acted'" Clearing of snow shad occur betas the a Contract er periods o and toe when the snow depth is 2" or more(7 3o am -8 3o am IZW high m -1 W P ap p rr he day as specified by Skeels Department mpresaitadve Some sidewads may have had additional deposits Of snow or ice placed upon them by City snowplows during street snow removal Operadorus• Only those sudswaUs specified by the Streets Deparbment or Neughborhood Services will be cleared as a part of this cmUW4 It is the resporistli ty of the a* cwg resider" to dear ardewaUs of free4Wft snow 2 The City is requesBng an hourly cost to provide equipment operators to operate a variety of snow removal equipment including but not United to small and large aromAdad tractors, skid steers, and the like. Vandors must be wiperienced to operate the equipment and the City reserves the right m approve and remove vendors without cause Vendor must WMWe Uabdity in9twance for property Including the responsibility to reli nburse the City for damages to City equipment due to unreasonable use or neglgence by the operator 3 Vendor must be able to provide the equipment bid and a quaardied operator Sunday through Saturday (24M at any tune, within two hours of be ft called by the City RepreseMabva Phone canted with a 0ompany AlPresentairve, quadded to dispatch WilpmeM, must be available at ad tines The City Reptesentadve wilt tryto schedule nVWweekww work in advanoe, if possible 4 Material from any site may be hauled to various dump sites located wound the Ciy, as directed by the City Repreeentiths. Other City departments may use On bid 5 AN Truck Drivers must ham a vadd CDL dcense, and all operators must be quadlled to operate the equip. ,'it. Any Person (contracor) who operates a commercial motorvehrde, as dellhed in §382107, in mtrastete or interstate commerce and is subtectto the conrrrerad dnva's license requirement Of 49 CFR Part 383 must be included in an alcohol and cm Odell aubetances tMMV Program under the Federal Highway Administration rule, DOLYmmnbdom of proof must be submitted with this bid prior to performing work for the City of Fort Collins 6 All equipment must comply with all DOT. CMI , and any other bcaYStaWFederai requkementr_ Trucks must be equipped wk h an ef/echm bad cove" tarp if regisred by City Represehhtadve 7 AN work shall be done in a proles sionai SAFE, courteous and eifiaent manner The driver or operator shad exwclw the i&"M courtesy tO Other strivers ant Pedaabww The Cityreserves the light to tPdrmnate contract with a vendor for not pafomNng in a professional ,SAFE, coussuous and efficient manna The City shall not be responsible for any egiuipnsM fe kKW damage to eq nhent. or maintenance required on the equipment. The vendor is responsible for all fuel required 9 Any damage caused by the vendors equipment or droner shall be the soie responsibility of the vendor The vendor shall indemnify and hold harmless the City for any damage done by the vendors egL"~ddm to any member of the pubk private property and any part of the right-of-way If Cdy-owned 6"Ment, or City employees directly cause any damage the City will asammne responsibility for the damage. 10 At no time whatsoever shag the driver be considered or become a City employee 11 The City will not guarantee hours. Vendors will be used on an as -needed basis, depending on needs, availability and type of equipment 12 Hours worked must be approved at the and of each day by the City Repreeentobve Hours will be counted firm the tune of anal on the job site (0111rorn the time of notification), and will and per direction of the City Representative 13 The City shag have the option to proceed with calling the nand available vendor d the lowest vendor Is not available in case of a tie, the City Representative will alternate aftg the tied vendors. Vendors who wand to work for the City, but were not Sxiuded In the original bid, will be added to the end of the list, regardless of price, upon approval by the City When special conditions arise, the City stag have the option to choose the vendor to fit any special equipment needs 14 At the option of the City, the Agreement may be Wdended for additional are year penods not to exceed feu (4) addgbnal one year r i min Pricsg urges shall be negotiated by and agreed to by both perbes and will use the Denver- Boulder CPW as published by the Colorado State Planning and Budget Office as a grids Witten notice of renewal shag be provided to the Service Prowler and mailed no later than 90 days prior to contract and 15 The City does not intend to award to one vendor but will issue mmdU* awards 16 Vendors that are completing sidewalk snow abatements must provide a digital camera with atrfticierd memory or memory cards capable of taking and 9" tip to 100 digftal photos Vendor must be able to download to a City PC or e-mail before and after pictures to the City representative using either Adobe Photo Deli or Camedla software Al dgdal photos provided we the property of the city ouagfication of vendor The City may make such pre -award survey as it deems necessary to determine the ability of the vendor to perform the work and the vendor shag famish to the City all such umfomnambon and data as Is reasonably required for this purpose The City reserves the right to dlsqually any bid d the evidence resulting from the City s investigation shows an the opinion of the Croy, that the vendor is not properly quelled to perform the work described heron The vendor shag submit a list of equipment that will be made available to accomplish the work and shall be prepared to have equipment inspected and approved by the City's Representative The award will be made by the City to the knest responsive and responsible vendors meeting the conditions of the Instructions to Bidder by equoment categories, with the low vendor at the top of each cal egory Nst and In consideration of the capacity and avaNati ft of each vendor The City reserves the right to accept or reject any or all bids, and to wane any mformaNNes and NreguienU s In the bids The number and types of vendors used during any single stone wNl depend upon bid Prices Prevailing snow and ice conditions, site characteristics, weather forecasts, etc. AN factors noted WIN be considered on a storm -by storm basis to determine which vendors are called The K" vendor has the equipment JIOMNy to perform under various conditions AND who submits the lowest responsible lad Submittals Bidders must submit: the following with your bid • Signed and dated Service Agreement • Completed bid ad*" • Insurance infommdon as spedNed in Exhibit `D ' of the Services Agreement • Copy of alcohol and controlled substances testing Program certificate EXHIBIT B BID SCHEDULE We hereby erKer our bid for the City of Fort Collins' regtdrenwfs for City Street, Parlong Lots and Sidewalk Snow and Ice Removal NOTE Any move -on dwMas for sidewalk clearing will be assessed at lilty perarrd (50%) of your haft rate for each job Please attach an equipment Net with coat for e*dpment and operator for uppment beyond this bid schedule 8 SKID STEER Capacity (hp) Number of Units Rate Hour BtadeBroom 9 SMALL TRACTOR Capacity ) lNumber of Units Rape per Hour BladeBroom 10 OTHER SMALL Waacer Mower with EQUIPMENT(( e blade Capecdy (hp) Number of Units Rate per Hour Blade/Broom 11 WALK43EHIND SNOW BLOWER Number of Units Rate per Horn VWKft 12 PICK-UP WITH PLOW Capacity (ton) Number of Units Rye per Hour Blade wbth f ro 13 HAND SHOVELING AND DE-ICER APPLICATION Rate per Hour De4ow per b S 14 OPERATING CITY OWNED EQUIPMENT Rate per Hour $ EXHIBIT C CITY OF FORT COLLINS STREETS, PARKING LOTS AND SIDEWALK SNOW AND ICE REMOVAL BILLING INSTRUCTIONS AND INVOICE FORM LEI::U:dA'k,V�I ADDRESS (STREET & 9, CITY, STATE 21P CODE INVOICE NO BILLED TO (CITY OF FORT COLLINS) LOCATION WORK DONE (DATEIS AND TIMES) HOURS WORK ACCOMPLISHED ICEMELT MATERIAL USED kilihiIre, ;Fj PHONE NUMBER INVOICE DATE o • ON POUNDS) CHARGE CHARGE t 1 Invoice data will be the data you are billing the City of Fort Collins 2 Hours will be man hours 3 Work done Is datele and tlme✓s you do the work. 4 Work axomphshed Removal, truck only, removal, graderblower, tuck, amount of Wemeit material used 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 Fallurs to do so will result In the dental of psymsrrt untg Contractor Is in compliance 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 Providers 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 Employers 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 assignment and without invalidating the Contract malm changes within the general scope of the LM.77777,- and pay for all materials supphes, Nibor, irarisportatiorr equipment. toot services and siy�erviaiori necessary to perform arty services hereunder provided equipmert Exception is when the vendor is operating City in full force and effect until September 15, 2009, unless sooner terminated as herein provided In addition, at the option of the City, the Agremrrent may be extended for an additional four year period Pricing changes shall be negotiated by and agreed to by both parties and may use the Deriver- Boulder CPKJ as published by the Colorado State Planning and Budget Ofllce as a guide Witten notice of renewal shall be provided to the Service Provider and mailed no later than ninety (90) days prior to contract end 6 QdU N 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 acually 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 Terimnabon (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 falling to prosecute the work in a manner which will assure timely completion or gig the Service Provider is not performing any ofthe provisions of this Contract or the notification (B) The City shall have the right to tennmate this Contract for debutt, barring the Service Provider from further participation in the Snow and Ice Removal Program, should the City determine 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 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 Service Provider City of Fort Collins Purchasing Bivens Trucking P O Box 580 862 West Wilcox Lane Ft Collins CO 80522 Fort Collins CO 80524 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 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 inlormetion and must be received by the City within five (a) working days after completion of the work assignment (C) Within thirty (30) days alter the final accepter= of the wait, 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 fumkshing satisfactory evidence or payment or an wages taxes supplies and materials, and other costs Incurred in connection with the perfor mence of such seMees n if-:- •a�__ ma _ • • • - 1 - MI_ • I• I 1 A, -- those of an indeperident service provider and not of an employee of the City of Fat Collins The Cdy shall not be responsible for wilhholdhg any portion of Service Provider's comperrsabon hereunder for the payment of FICA, Wbrlonen's Compensation or other taxes or benefits or for any other purpose 11 Personal Services it is understood thatthe City enters situ the Agreement based on the special abitides of the Service Provider and that this Agreemant shell 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 Cdys 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 W rranly (a) Service Provider warrants that all work performed hereurder shall be performed with the highest degree of competence and core In accordance with accepted standards for work of a similar nature. (b) UMess otnedwdse 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 me, turd all workmanship shall be acceptable to City (c) Service Prwmder warrants all egtepment, materials. labor and other work, provided under this Agreement exaoept t:i 14urnished mauls. equipment and labor,e against defects and s in design , materials and workmanship for a period begsadng with the start of the work and ending twelve (12) months from and attar final acceptance under the Agreement, regardless whether the same were furnished or performed by Servks Provider or by any of its subcontractors of any ter Upon mosipt of written notice from City of wry such defect or nonconformance, the affected darn or pat thereof shallbe redesigned, Rpm P or replaced by Sennkxe Provender in a manner and at a time acceptable to City 14 Qgftu(( Each and every tern and condition hereof shall be deemed to be a matenai element of this Agreement. In the event silher party should fait or refuse to perform according to the terms of this agreement, such party may be declared to default thereof 15 Remedies, In the event a party has been declared in default such defaulting party shall be allowed a period often (10) dayswithin which to We said default. In the avant the default remains uncortecied the party declaring default may elect t o (a) iermkhatethe 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-debuling party cornmencee Iegal or equitsthie actions against the defaulting party, the defaulting party shati be liable to the non- defaulrng party for the non -defaulting partyts reasonable attorney fees and coda incurred because of time default. 18 SindmaEflea 1'W wff& g toget her with the exhibits hereto constitutes the entire agreement between the parties and shall be binding upon sad parties their oflioars, employees, agents and SSW" and shall inure to the benefit of the respective survivors, heirs personal representatives successors and assgns of said parties 17 Indemnitvnnsurance a The Samoa Provider agrees to mdemndy 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 per0or nanoe of any service hereunder b The Service Provider shall take all necessary precautions in performing the work hereunder to prevent injury to parsons and property c VWhout Uniting 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 rsntfs 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 iron an insurance company scoop" to the City 18 Emti s Agreement. This Agreement, along with all Exhibits and doour nents incorporated herein, shall constitute the entire Agreement of the parties I Covenants or representations not contained in this Agreement shall not be b m ft on the parties 19 Law/Sevembitfir. The lava 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 Emolovirm Ideas! Aliens Pursuant to Section 8-17 5-101 C R S eL seq , Service Provider represents and agrees that a As of the data 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 parbapste in either the a -Verify program created in Public Law 208 104th Congress as amended and expanded in Public Law 156 106tin Congress, as amended administered by the United States Department of Homeland Security (the me -Verify Program*) or the Department Program (the •Department Program), an employment venficebon program established ptffam tto Section &17 5-102(5)(c) C R S in order to confirm the empkryment eligibility of all newly hired employees to perform work under this Agrearirent b Service Provider shad rat knowingly employ or contact with an illegal alien to perform work under this Agreement or knowingly enter Into a coi(a with a subcontractor that knowingly employs or contrails with an Illegal alien to perform work under this Agreement a Service Provider is prohibited from using the e•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 underthis Agreement knowingly employs or contracts with an illegal alien Servloe Provider 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 recemng 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 'Departrmennr) made in the course of an investigation that the Department undertakes or is undertaking pursuant to the authority established in SubsecUm 8-17 5-102 (5), C R S f N Service Provkfer violates any provision of this Agreement perfmrsrig to the duties Imposed by Subsection 8-17 5-102, C R S the City may terminate this Agreement If this Agreement is so tarMnated Service Provider shall be liable for actual and consequential damages to the City arising out of Service Provider's violation of Subsection 8-17 5.102 CRS g The City vnp notify the Office of the Secretary of State if Service Provktervkcigies this provision of this Agreement and the City terminates the Agreement for such breach THE CITY OF FORT COLLINS, COLORADO Jam O'Neill, II CPPO FNI` GP� Directbr of Purchasing and Risk Management Date COMPANY NAME By- !� PRINT WHE Phone # BID PROPOSAL BID 06118 SNOW & ICE REMOVAL CITY SIDEWALKS, STREETS AND PARKING LOTS BID OPENING September 22 , 2008, 8 00 pm (our clock) We hereby enter our bid for the City of Fort Collins requrements for Snow and los Removal per the bid Invitation and any referenced specNCadons ATTENTION SPECIAL INSTRUCTIONS PLEASE NOTE The Swvrce Agreementthat is included with the bid doc unents will become your contract. Please sign it and Check below if you want a copy of your servroe agreement afterthe bid is awarded and signed by the Cdy Please provide an e-nrait address and the agned copy will be a- nraile, ,to YOU _ Please send my company a copy of the Service Agreement E-mail address [L%g A6,.ar L? A-SN L0,11