HomeMy WebLinkAboutSTEVE SCHMIDT TRUCKING LLC - 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 Steve Schmidt Trucking LLC, 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
EXHIBIT A
SCOPE OF WORK
The work consists offurnishing any equipment and labor deemed necessary oncallbytheCity
Streets Department or Neighborhood Services 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 penods 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 or Neighborhood
Services 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
2 The City is requesting an hourly cost to provide equipment operators to operate a variety of
snow removal equipment including but not limited to small and large articulated tractors skid
steers and the like Vendors must be experienced to operate the equipment and the City
reserves the right to approve and remove vendors without cause Vendor must provide liability
insurance for property including the responsibility to reimburse the City for damages to City
equipment due to unreasonable use or negligence by the operator
3 Vendor must be able to provide the equipment bid and a qualified operator Sunday through
Saturday (24/7) at anytime within two hours 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 by to schedule nighttweekend work in advance dpossible
4 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
5 All Truck Drivers must have a valid CDL license and all operators must be qualified to operate
the equipment Any person (contractor) who operates a commercial motor vehicle as defined in
§382 107 in intrastate or interstate commerce and is subject to the commercial driver's license
requirement of 49 CFR part 383 must be included in an alcohol and controlled substances
testing program under the Federal Highway Administration s rule Documentabon of proof
must be submitted wrath this bid pnor to performing work for the City of Fort Collins
6 All equipment must comply with all DOT CDL and any other local/State/Fed era requirements
Trucks must be equipped with an effective load covering tarp if required by City Representative
7 All work shall be done in a professional SAFE courteous and efficient manner The dnver or
operator shall exercise the utmost courtesy to other drivers and pedestrians The City reserves
the right to terminate contract with a vendor for not performing in a professional SAFE
courteous and efficient manner
8 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
9 Any damage caused by the vendors 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
vendors 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
10 At no time whatsoever shall 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 end of each day by the City Representative Hours will
be counted from the time of arrival on the fob site (not from the time of notification) and will end
per direction of the City Representative
13 The City shall have the option to proceed with calling the next available vendor if the lowest
vendor rs not available In case of a tie the City Representative will alternate calling the tied
vendors Vendors who want to work for the City, butwere not included in the original bid willbe
added to the end of the list regardless of price upon approval by the City When special
conditions anse the City shall have the option to choose the vendor to fit any special equipment
needs
14 At the option of the City the Agreement maybe extended for additional one year periods not to
exceed four (4) additional one year periods Pricing changes shall be negotiated by and agreed
to by both parties and wnli 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 90 days prior to contract end
15 The City does not intend to award to one vendor but will issue multiple awards
16 Vendors that are completing sidewalk snow abatements must provide a digital camera with
sufficient memory or memory cards capable of taking and storing up to 100 digital 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 Delux or Camedia software All digital photos provided
are the property of the City
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 Steve Schmidt Trucking LLC.
1JENDiDUMPS '
Capacity (yds)
Number of Units-
JRate per Hour
Vehicle'
701
101
80.00
Rock, Rip Rap/Demo, Belly
2._TANDEMdDUMP
Capacity (yds)
INumber of Units
Rate per Hour
Vehicle;
3SINGLE'AXEL DUMP".
Capacity (yds)
INumber of Units
IRate per Hour
Vehicle
4. WHEEL',LOADER
Capacity (yds)
INumber of Units
IRate per Hour
lVeNcle
5iMOTOR'GRADER
Capacity (hp)
lNumber of Units
IRate per Hour
Vehicle
EOTHER,LARGE +(i.e.'.Unimog)_
Capacity
Number of Units
Rate per Hour
Vehicle
T:;BACK'HOE'
Capacity (hp)
INumber of Units
I Rate per Hour
Vehicle
8. SKID`STEER`
Capacity (hp)
Number of Units IRate
per Hour
Blade/Broom
9. SMALL TRACTOR '
Capacity (hp) INumber
of Units
Rate per Hour
Blade/Broom
10.,OTHER-SMALL'EQUIPMENT(i.e. WalkerMowerwith'blade) _
Capacity (hp)
INumber of Units
IRate per Hour
Blade/Broom
1,1`,WQLKBEHIND;SNOW-)BLOWE_R'�
Capacity (hp)
INumber of Units
I Rate per Hour
lWidth
12.,:PICK-UP;WITHPLOW
Capacity (ton)
Number of Units
Rate per Hour
Blade width
13;-HAND SHOVELING AND DE-ICER
APPLICATION
Rate per Hour
De-icer per lb
$
14:DPERATiING�CITY,OWNED,,.
EQUIP.MENT'«
Rate per Hour
$
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 COC
INVOICE NO.:
INVOICE DATE:
BILLED TO: (CITY OF FORT COLLINS) JOB
LOCATI
WORK DONE (DATE/S AND TIME/S):
HOURS:
WORK ACCOMPLISHED:
ICEMELT MATERIAL USED:
INSTRUCTIONS
(IN POUNDS) CHARGE:
CHARGE: $
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, amount of icemelt
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. Failure to do so will
result in the denial of payment until 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
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 Employers 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 subcontractors 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. 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 January 31, 2013, 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.
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 failing 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
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 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:
City of Fort Collins, Purchasing
P.O. Box 580
Ft. Collins, CO 80522
Service Provider:
Steve Schmidt Trucking LLC
Attn: Steve Schmidt
PO Box 740
Windsor. CO 80550
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 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 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 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 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 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, 2ntl 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.
20. Prohibition Against Employing Illegal Aliens. Pursuant to Section 8-17.5-101, C.R.S.,
et. seq., Service Provider represents and agrees that:
a. As of the date of this Agreement:
1. Service Providerdoes not knowinglyemploy or contractwith an illegal
alien who will perform work under this Agreement; and
2. Service Providerwill participate in eitherthe 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
"e-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 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 under this Agreement knowingly employs or contracts with an illegal alien, Service 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 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 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 arising out of Service Provider's violation of Subsection 8-17.5-102, C.R.S.
g. 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.
21. Amendment 54. To the extent that this Agreement may constitute a "sole
source government contract" within the meaning of Section 2(14.4) of Article XXVIII of the
constitution of the State of Colorado, about which the City makes no representation, Section 15 of
said Article XXVII I, which reads as follows, is hereby incorporated into this Agreement and made a
part hereof:
a. Section 15. Because of a presumption of impropriety between contributions
to any campaign and sole source government contracts, contract holders shall contractually agree,
for the duration of the contract and for two years thereafter, to cease making, causing to be made, or
inducing by any means, a contribution, directly or indirectly, on behalf of the contract holder or on
behalf of his or her immediate family member and for the benefit of any political party or for the
benefit of any candidate for any elected office of the state (of Colorado) or any of its political
subdivisions.
THE CIT-Y OF FORT COLLINS, C
BY: 1
Jame W O'Neill, II, CPPO, FNIGP
Director of Purchasing and Risk Management
Date:
COMPANY NAME: Steve SSchnV'dd�t�Trucking. Inc.
Harold S. Schmidt
PRINT NAME
Phone# 303-289-1521