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HomeMy WebLinkAboutIMLAY TRUCKING - CONTRACT - BID - 7564 SNOW AND ICE REMOVALBID PROPOSAL BID #7564 SNOW & ICE REMOVAL BID OPENING: October 22, 2013, 3:00 p.m. (our clock) We hereby enter our bid for the City of Fort Collins' requirements for Snow and Ice Removal per the bid invitation and any referenced specifications: ATTENTION: SPECIAL INSTRUCTIONS PLEASE NOTE: The Service Agreement that is included with the bid documents will become your contract. Please fill out the highlighted areas, sign it and return with your bid. The signed copy will be e-mailed to you. BIDDER CONTACT INFORMATION (must be returned with bid submittal): Company Name: Address: City, State, Zip Bid Submitted Printed Name: Phone: ql(7lbf-- �� O Email: BID 7564 Snow & Ice Removal Page 1 of 20 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) 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, BID 7564 Snow & Ice Removal Page 10 of 20 postage prepaid and sent to the following addresses Service Provider: City: Copy to: City of Fort Collins City of Fort Collins Attn: Attn: Tom Knostman Attn: Purchasing Dept. PO Box 580 PO Box 580 Fort Collins, CO 80522 Fort Collins, CO 80522 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, consisting of one (1) page, and incorporated herein. 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, consisting of one (1) page, and incorporated herein. 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 BID 7564 Snow & Ice Removal Page 11 of 2D 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, prior to commencement of the work, its representative who shall make, within the scope of his or her 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. Subcontractors. Service Provider may not subcontract any of the Work set forth in the Exhibit A, Statement of Work without the prior written consent of the city, which shall not be unreasonably withheld. If any of the Work is subcontracted hereunder (with the consent of the City), then the following provisions shall apply: (a) the subcontractor must be a reputable, qualified firm with an established record of successful performance in its respective trade performing identical or substantially similar work, (b) the subcontractor will be required to comply with all applicable terms of this Agreement, (c) the subcontract will not create any contractual relationship between any such subcontractor and the City, nor will it obligate the City to pay or see to the payment of any subcontractor, and (d) the work BID 7564 Snow & Ice Removal Page 12 of 20 of the subcontractor will be subject to inspection by the City to the same extent as the work of the Service Provider. 12. 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. 13. 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. 14. Warranty. 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 new and, where not specified, 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 nonconformances in design, materials and workmanship/workwomanship for a period beginning with the start of the work BID 7564 Snow & Ice Removal Page 13 of 20 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 nonconformances, 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. 15. 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. 16. 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. 17. 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. 18. 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, BID 7564 Snow & Ice Removal Page 14 of 20 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, P. O. Box 580, Fort Collins, Colorado 80522 one copy of a certificate evidencing the insurance coverage required from an insurance company acceptable to the City. 19. 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. 20. 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. BID 7564 Snow & Ice Removal Page 15 of 20 21. Prohibition Against Emoloving 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 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 "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 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 City within three days that Service Provider has actual knowledge that the subcontractor is employing or contracting with an illegal BID 7564 Snow & Ice Removal Page 16 of 20 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. 22. Special Provisions. Special provisions or conditions relating to the services to be performed pursuant to this Agreement are set forth in Exhibit "E" - Confidentiality, consisting of one (1) page, attached hereto and incorporated herein by this reference. BID 7564 Snow & Ice Removal Page 17 of 20 CITY OF F RT COLLINS, COLORADO a municip I rporatiN By:Y+�t Gerry Paul Director of Purchasing and Risk Management Date: NT Date:T ��y BID 7564 Snow & Ice Removal Page 18 of 20 EXHIBIT D INSURANCE REQUIREMENTS 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. Workers' Compensation & Employer's Liability. The Service Provider shall maintain during the life of this Agreement for all of the Service Provider's employees engaged in work performed under this agreement: Workers' Compensation insurance with statutory limits as required by Colorado law. 2. Employer's Liability insurance with limits of $100,000 per accident, $500,000 disease aggregate, and $100,000 disease each employee. B. Commercial General & Vehicle 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 damage claims of 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 for each coverage, Commercial General and Vehicle, shall not be less than $1,000,000 combined single limits for bodily injury and property damage. In the event any work 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. BID 7564 Snow & Ice Removal Page 19 of 20 12312014 Ill__ O CERTIFICATE OF LIABILITY INSURANCE DAT12D//23/ THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER. IMPORTANT: If the certificate holder is an ADDITIONAL INSURED, the policy(ies) must be endorsed. If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement A statement on this certificate does not confer rights to the certificate holder in lieu of such endomoment(s). PRODUCER - CONTACT NAME: AC NNO Exl. (970) 206-1810 ac No: (970) 206-1808 Welsh Insurance Agency, Inc. 4033 Boardwalk Drive, Suite #200 "MAIL Bruce@wiainsurance.com INSURERS AFFORDING COVERAGE NAIC N Fort Collins, CO 80525 INSURERA: United Fire & Casualty 13021 Phone (970) 206A810 Fax (970) 206-1808 INSURED INSURER B INSURER C : Imlay Trucking, LLC INSURER D : 1667 E County Road 64 Wellington CO 80549 INSURER E : INSURER F COVERAGES CERTIFICATE NUMBER: REVISION NUMBER: THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACTOR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAYBE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. INSR LTR rypE OF ADD UB POLICY NUMBER POLICY Err MMIDDMI)M POLICY EXP (MMIDDffYyYI LIMITS A GENERAL LIABILITY O COMMERCIAL GENERAL LIABILITY ❑ ❑ CLAIMS -MADE O OCCUR ❑ Y 60455481 12/12/2014 12/12/2015 EACH OCCURRENCE $ 1,000,000.00 DAMAGE TO REMED PREMISES Eaoaunence $ 100,000.00 MED EXP(Any one person $ 5,000.00 PERSONAL a ADV INJURY s 1,000,000.00 ❑ GENERAL AGGREGATE E 2,000,000.00 GEHL AGGREGATE LIMIT APPLIES PER J❑ POLICY ❑ EnT PRO- ❑ LOC PRODUCTS - COMPIOP AGG $ 2,000,000.00 $ A AUTOMOBILE LIABILITY ❑ ANY AUTO ALL OWNED SCHEDULED ❑ AUTOS AUTOS NON -OWNED ❑ HIRED AUTOS ❑ AUTOS ❑ ❑ Y 60455481 12/12/2014 12/12/2014 COMBINED SINGLE LIMIT Ea accident 1,000,000.00 BODILY INJURY (Par person) $ BODILY INJURY (Per actltlers E PROPERTY DAMAGE Per accident $ $ ❑ UMBRELLA UAB ❑ OCCUR ❑ EXCESS LIAR ❑ CLAIMS -MADE - EACH OCCURRENCE $ AGGREGATE $ ❑ DED ❑ RETENTION $ $ WORKERS COMPENSATION AND EMPLOYERS' LIABILITY Y I N ANY PROPRIETOR/PARTNERIEXECUTIV OFFICERIMEMBER EXCLUDED? (Mandatory In NH) If yes, describe under DESCRIPTION OF OPERATIONS bel. NIA ❑ PTR ❑ OTH- UTE E.L. EACH ACCIDENT $ E.L. DISEASE - EA EMPLOYE $ EL DISEASE -POLICY LIMIT $ DESCRIPTION OF OPERATIONS I LOCATIONS VEHICLES (Attach ACORD 101, Additional Remarks Schedule, If more space Is required) TRUCKING CERTIFICATE HOLDER IS LISTED AS ADDITIONAL INSURED ON GENERAL LIABILITY AND BUSINESS AUTO. CERTIFICATE HOLDER CANCELLATION CITY OF FORT COLLINS PURCHASING DEPARTMENT PO BOX 580 FORT COLLINS CO 80522 attn Jam SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS. AUTHORIZED REPRESENTATIVE 4D1988-2014 ACORD CORPORATION. All rights reserved. ACORD 25 (2014101) OF The ACORD name and logo are registered marks of ACORD EXHIBIT E CONFIDENTIALITY IN CONNECTION WITH SERVICES provided to the City of Fort Collins (the "City") pursuant to this Agreement (the "Agreement"), the Service Provider hereby acknowledges that it has been informed that the City has established policies and procedures with regard to the handling of confidential information and other sensitive materials. In consideration of access to certain information, data and material (hereinafter individually and collectively, regardless of nature, referred to as "information") that are the property of and/or relate to the City or its employees, customers or suppliers, which access is related to the performance of services that the Service Provider has agreed to perform, the Service Provider hereby acknowledges and agrees as follows: That information that has or will come into its possession or knowledge in connection with the performance of services for the City may be confidential and/or proprietary. The Service Provider agrees to treat as confidential (a) all information that is owned by the City, or that relates to the business of the City, or that is used by the City in carrying on business, and (b) all information that is proprietary to a third party (including but not limited to customers and suppliers of the City). The Service Provider shall not disclose any such information to any person not having a legitimate need -to -know for purposes authorized by the City. Further, the Service Provider shall not use such information to obtain any economic or other benefit for itself, or any third party, except as specifically authorized by the City. The foregoing to the contrary notwithstanding, the Service Provider understands that it shall have no obligation under this Agreement with respect to information and material that (a) becomes generally known to the public by publication or some means other than a breach of duty of this Agreement, or (b) is required by law, regulation or court order to be disclosed, provided that the request for such disclosure is proper and the disclosure does not exceed that which is required. In the event of any disclosure under (b) above, the Service Provider shall furnish a copy of this Agreement to anyone to whom it is required to make such disclosure and shall promptly advise the City in writing of each such disclosure. In the event that the Service Provider ceases to perform services for the City, or the City so requests for any reason, the Service Provider shall promptly return to the City any and all information described hereinabove, including all copies, notes and/or summaries (handwritten or mechanically produced) thereof, in its possession or control or as to which it otherwise has access. The Service Provider understands and agrees that the City's remedies at law for a breach of the Service Provider's obligations under this Confidentiality Agreement may be inadequate and that the City shall, in the event of any such breach, be entitled to seek equitable relief (including without limitation preliminary and permanent injunctive relief and specific performance) in addition to all other remedies provided hereunder or available at law. BID 7564 Snow & Ice Removal Page 20 of 20 EXHIBIT A SCOPE OF WORK Contract snow and ice removal work may consist of furnishing any equipment and labor from Exhibit B deemed necessary, on call to the City Streets Department or Neighborhood Services or other City departments, to remove snow and ice hazards from City streets, parking lots and sidewalks per the terms of the Contract. Clearing of snow shall occur before the high traffic periods (7:00 a.m.-9:00 a.m.; 12:00 p.m.- 1:00 p.m.; 4:30 p.m.-6:00 p.m.) of the day when the snow depth may be 0.5" or more as specified by Streets Department Representative. Some sidewalks may have additional deposits of snow or ice placed upon them by City snow plowing operations. Sidewalk clearing in these areas will be delayed until after street clearing is complete. Only those sidewalks specified by the City will be cleared as a part of this contract. 2. The City is requesting an hourly rate to provide equipment and operators to operate a variety of snow removal equipment including but not limited to small and large tractors, ATV or walker mowers equipped with plows, skid steers, snow blowers and the like. The City is also requesting an hourly rate for operators only (item 13 for Exhibit B) to operate City owned equipment. Please enter your bid unit cost and the number of available units you can provide onto Exhibit B attached below. The Contractors operators must be experienced to operate the equipment and the City reserves the right to approve and remove Contractors without cause should safety, production or public contact issues arise. Contractor must provide liability insurance for property damage including the responsibility to reimburse the City for damages to City equipment due to unreasonable use or negligence by the Contract operators. 3. The Contractor must be able to provide the equipment bid and a qualified operator Sunday through Saturday (2417/365) at any time, 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 try to schedule night/weekend work in advance, if possible. 4. The Principal Sidewalk Contractor/s for sidewalk and connector path snow and ice clearing shall consists of snow and ice removal for approximately 68 miles of sidewalks(widths varying from 2 to 10 feet wide), the 3.5 mile long Mason bike trail (12 feet wide including ramps), the Harmony Park and Ride lot and sidewalks, the Troutman railroad underpass, stairs and ramps, and the South MAX /BRT and North Police Services parking lot. These areas will be addressed after each significant snowfall event and may need to be repeated during longer duration storms. These areas are shown on the attached map packet (Exhibit F; 5 pages). 5. Bids to select the Principal Sidewalk Contractor/s will be evaluated based upon unit prices, number of available units (equipment), and two typical example snow events. The two snow events are detailed below as a Small Snow Event and Large Snow Event; each with varying hourly unit needs. Bid unit prices entered into Exhibit B will BID 7564 Snow & Ice Removal Page 2 of 20 be used for the analysis and selection of the Principal Sidewalk Contractors The two snow events are examples and are used for evaluation purposes only and are not a guarantee of hours. a. Small Snow Event Item Number Equipment Description Hours of Units Needed 8 Small Tractor with 5' Plow blade 15 9 Small Tractor with 4' broom 2' to 3' dia. 15 10 ATV with 3' to 4' V-blade 8 11 Walker Mower with 3' to 4' blade 8 12 Pick up with plow and Salts reader 4 13 Hand Snow Removal Labor 6 14 Walk -Behind Snow Blower 45 h 8 15 Ice Melt, Pounds 100 b. Large Snow Event Item Number Equipment Description Hours of Units Needed 8 Small Tractor with 5' Plow blade 50 9 Small Tractor with 4' broom 2' to 3' dia. 30 10 ATV with 3' to 4' V-blade 30 11 Pick up with plow and Salts reader 12 12 Hand Snow Removal Labor 18 13 Walk -Behind Snow Blower 45 h 15 14 Ice Melt, Pounds 500 6. The City will have a mandatory pre -season orientation meeting to give the Contractors direction and expectations. The City shall monitor the snow removal efforts including authorization to begin snow removal, inspection of completed work, and provide mapping of areas deemed unsatisfactory. Damaged property shall be repaired at the Contractors expense. 7. Material from any site may be hauled to various dump sites located around the City, as directed by the City Representative. 8. All truck drivers must have a valid CDL license, a DOT Medical Card, and all operators must be qualified to operate the specified 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. Contractor must maintain all required documentation and provide proof prior to working for the City and upon request. Failure to provide documentation as BID 7564 Snow & Ice Removal Page 3 of 20 requested will result in Contractor not working until documentation is provided. Repeated violations (more than 2 per season) will result in Contractor being dismissed for the season. 9. The City has adopted a "Limitation on Engine Idling" to discourage the idling of vehicle engines. Contractor must comply with turning off vehicles instead of idling for long periods (more than three minutes, as a general rule). The City also desires that Contractors run biodiesel in their equipment. 10.A►► equipment must comply with all DOT, CDL, and any other Local/State/Federal requirements. Trucks must be equipped with an effective load covering tarp. 11.A l work shall be done in a professional, SAFE, courteous and efficient manner. The driver or operator shall exercise the utmost courtesy to other drivers and pedestrians. The City reserves the right to terminate contract with the Contractor for not acting in a professional, SAFE, courteous and efficient manner. 12.The City shall not be responsible for any equipment failures, damage to equipment, or maintenance required on the equipment. The Contractor is responsible for all fuel required. 13.Any damage caused by the Contractor's equipment or contract driver or equipment operators using City supplied equipment shall be the sole responsibility of the Contractor. The Contractor shall indemnify and hold harmless the City for any damage done by the Contractor's equipment/driver to any member of the public, private property, and any part of the right-of-way. 14.At no time whatsoever shall a driver/operator be considered or become a City employee. 15.The City will not guarantee hours. Contractors will be used on an as -needed basis, depending on needs, availability and type of equipment. 16. Hours worked must be approved at the end of each day by the City Representative. Hours will be counted from the time of arrival on the job site not from the time of notification), and will end per direction of the City Representative. 17.The City shall have the option to proceed with contacting the next available Contractor if the lowest priced Contractor is not available. When special conditions arise, the City shall have the option to choose the Contractor to fit any special equipment needs. 18.At the option of the City, the Agreement may be 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 will use the Denver - Boulder CPI-U as published by the Colorado State Planning and Budget Office as a guide. Written BID 7564 Snow & Ice Removal Page 4 of 20 notice of renewal shall be provided to the Service Provider and mailed no later than 90 days prior to contract end. 19.The City will issue multiple awards. 20.Contractors 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. Contractor 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. Qualification of Contractor The City may make such pre -award survey as it deems necessary to determine the qualification of the Contractor including suitability of the Contractors vehicles and equipment to perform the work and the Contractor shall furnish to the City all such information and data as is reasonably required for this purpose. The City reserves the right to disqualify any bid if the evidence resulting from the City's investigation shows, in the opinion of the City, that the Contractor is not properly qualified to perform the work described herein. The Contractor shall submit a list of vehicles and 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 lowest responsive and responsible Contractor(s) meeting the conditions of the Instructions to Bidder by equipment categories, with the low Contractor at the top of each category list and in consideration of the capacity and availability of each Contractor. The City reserves the right to accept or reject any or all bids, and to waive any informalities and irregularities in the bids. The number and types of Contractors used during any single storm will depend upon bid prices, prevailing snow and ice conditions, site characteristics, weather forecasts, etc. All factors noted will be considered on a storm -by -storm basis to determine which Contractors are called. The ideal Contractor has the equipment flexibility to perform under various conditions AND who submits the lowest responsible bid. Submittals: Bidders must submit the following with your bid: • Signed and dated Service Agreement • Completed Exhibit B bid schedule • Completed Contact Information page • Insurance information as specified in Exhibit "D " of the Services Agreement BID 7564 Snow & Ice Removal Page 5 of 20 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. Please attach an equipment list with cost for equipment and operator for equipment beyond this bid schedule. Item Number Equipment Description Number of Available Units Rate Per Hour 1 End Dump, Rock Truck or Live Bottom $ 2 Tandem Dump Truck $ 5 3 Single Axel Dump Truck $ 4 Wheel Loader $ 5 Motor Grader $ 6 Back Hoe $ 7 Skid Steer with bucket $ 8 Small Tractor with 5' Plow blade $ 9 Small Tractor with 4' broom (2' to 3' dia.) $ 10 ATV with 3' to 4' V-blade $ 11 Walker Mower with 3' to 4' blade $ 12 Pick up with plow and Salt spreader $ 13 Hand Snow Removal Labor $ 14 Walk -Behind Snow Blower (45 hp) $ 15 Ice Melt, Pounds $ 16 Qualified Operator for City Owned Small Tractor $ BID 7564 Snow & Ice Removal Page 6 of 20 SERVICES AGREEMENT THIS AGREEMENT made and entered into the day and year set forth below by and between THE CITY OF FORT COLLINS, COLORADO, a Municipal Corporation, hereinafter referred to as the "City" and s L4 A t / 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. Scope of Services. The Service Provider agrees to provide services in accordance with the scope of services attached hereto as Exhibit "A", consisting of four (4) pages and incorporated herein by this reference. Irrespective of references in Exhibit A to certain named third parties, Professional shall be solely responsible for performance of all duties hereunder. This Agreement 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. 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 BID 7564 Snow & Ice Removal Page 8 of 20 assigned has been or is being accomplished by others, the Service Provider shall leave the location and immediately notify the City Representative. 2. Time of Commencement and Completion of Services. The services to be performed pursuant to this Agreement shall be initiated and completed 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 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 Contractor is operating City provided equipment. 5. Contract Period. This Agreement shall commence upon signing and shall continue in full force and effect until October 1, 2015, unless sooner terminated as herein provided. In addition, at the option of the City, the Agreement may be extended for additional one year periods not to exceed three (3) additional one year periods. Renewals and pricing changes shall be negotiated by and agreed to by both parties. The Denver Boulder Greeley CPIU published by the Colorado State Planning and Budget Office will be used as a guide. Written notice of renewal shall be provided to the Service Provider and mailed no later than thirty (30) 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 BID 7564 Snow & Ice Removal Page 9 of 20