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HomeMy WebLinkAboutBID - 8788 SNOW & ICE REMOVALBID 8788 Snow & Ice Removal Page 1 of 19 INVITATION TO BID 8788 SNOW & ICE REMOVAL BID OPENING: 3:00 P.M. (our clock), SEPTEMBER 21, 2018 The City of Fort Collins is requesting bids from firms for snow and ice removal. Sealed bids will be received and publicly opened at the office of the Director of Purchasing, PO Box 580, 215 North Mason St., 2nd floor, Fort Collins, Colorado 80522, at the time and date noted on the bid proposal and/or contract documents. If delivered, they are to be sent to 215 North Mason Street, 2nd Floor, Fort Collins, Colorado 80524. If mailed, the address is P.O. Box 580, Fort Collins, 80522-0580. Please note, additional time is required for bids mailed to the PO Box to be received at the Purchasing Office. Bids must be received at the Purchasing Office prior to 3:00 p.m. (our clock), September 21, 2018. The City encourages all disadvantaged business enterprises to submit bid in response to all invitations to bid. No individual or business will be discriminated against on the grounds of race, color, sex, or national origin. It is the City’s policy to create a level playing field on which DBEs can compete fairly and to ensure nondiscrimination in the award and administration of all contracts. Questions concerning the scope of the bid should be directed to Jeff Johnston, Manager – Transportation Operations at (970) 221-6764 or jjohnston@fcgov.com. Questions regarding bid submittal or process should be directed to Elliot Dale, Senior Buyer, at (970) 221-6777 or edale@fcgov.com. All questions must be submitted in writing via email to Jeff Johnston, with a copy to Elliot Dale, no later than 5:00 PM our clock on September 12, 2018. Questions received after this deadline will not be answered. A copy of the Bid may be obtained at http://www.bidnetdirect.com/colorado/city-of-fort-collins. Special Instructions All bids must be properly signed by an authorized representative of the company with the legal capacity to bind the company to the agreement. Bids may be withdrawn up to the date and hour set for closing. Once bids have been accepted by the City and closing has occurred, failure to enter into contract or honor the purchase order will be cause for removal of supplier's name from the City of Fort Collins' bidders list for a period of twelve months from the date of the opening. The City may also pursue any remedies available at law or in equity. The City intends to award to multiple bidders and assign work based on bid price, responsiveness, quality of work, equipment needs, prevailing snow and ice conditions, site characteristics, and weather forecasts. Submission of a bid is deemed as acceptance of all terms, conditions and specifications contained in the City's specifications initially provided to the bidder. Any proposed modification must be Financial Services Purchasing Division 215 N. Mason St. 2nd Floor PO Box 580 Fort Collins, CO 80522 970.221.6775 970.221.6707 fcgov.com/purchasing BID 8788 Snow & Ice Removal Page 2 of 19 accepted in writing by the City prior to award of the bid. Only bids properly received by the Purchasing Office will be accepted. All bids should be clearly identified by the bid number and bid name contained in the invitation to bid. No bid will be accepted from, or any purchase order awarded, to any person, firm or corporation in default on any obligation to the City. Bids must be furnished exclusive of any federal excise tax, wherever applicable. Bidders must be properly licensed and secure necessary permits wherever applicable. The City may elect where applicable, to award bids on an individual item/group basis or on a total bid basis, whichever is most beneficial to the City. The City reserves the right to accept or reject any and all bids, and to waive any irregularities or informalities. Sales prohibited/conflict of interest: no officer, employee, or member of City Council, shall have a financial interest in the sale to the City of any real or personal property, equipment, material, supplies or services where such officer or employee exercises directly or indirectly any decision- making authority concerning such sale or any supervisory authority over the services to be rendered. This rule also applies to subcontracts with the City. Soliciting or accepting any gift, gratuity, favor, entertainment, kickback or any items of monetary value from any person who has or is seeking to do business with the City of Fort Collins is prohibited. Freight terms: unless otherwise noted, all freight is F.O.B. Destination, Freight Prepaid. All freight charges must be included in prices submitted on proposal. Discounts: any discounts allowed for prompt payment, etc., must be reflected in bid figures and not entered as separate pricing on the proposal form. Purchasing restrictions: your authorized signature of this bid assures your firm's compliance with the City's purchasing restrictions. A copy of the resolutions is available for review in the Purchasing Office or the City Clerk's Office. Request Resolution 91-121 for cement restrictions. Collusive or sham bids: any bid deemed to be collusive or a sham bid will be rejected and reported to authorities as such. Your authorized signature of this bid assures that such bid is genuine and is not a collusive or sham bid. Bid results are posted online at http://www.bidnetdirect.com/colorado/city-of-fort-collins. Gerry Paul Purchasing Director BID 8788 Snow & Ice Removal Page 3 of 19 BID PROPOSAL 8788 SNOW & ICE REMOVAL 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 The following must be provided in the bid submittal package:  1) Completed Bid Schedule (This will become Exhibit B in your Services Agreement). As many or as few items may be bid. You must also complete the contact information section on the second page of Exhibit B. Only fill in the service items your business can provide.  2) Insurance certificate (meeting the requirements set forth in Exhibit D of the Services Agreement) naming the City of Fort Collins as an additional insured for General Liability and Automobile.  3) Evidence of workman’s compensation insurance as required by Exhibit D (if work is to be completed by anyone other than the owner/operator). If there is only the owner/operator performing work, workman’s compensation insurance is not required. Instead, vendor may sign and submit Exhibit D-1 – Certificate of Exemption from Statutory Workers’ Compensation Law.  4) As applicable for Truck Drivers: a. Evidence of participation in an alcohol and controlled substances testing program for each driver. Evidence may consist of a letter from the testing consortium or certificate of participation, including effective dates of testing program. Effective dates shall encompass the duration of the Snow & Ice Removal Agreement. b. Copy of CDL Driver’s license for each driver including valid effective dates.  5) Signed and dated Services Agreement (attached). All required fields are highlighted in yellow. Failure to submit any of the above may result in your bid being considered non- responsive and you may be ineligible for the October 2018-September 2019 snow and ice removal season. All responsive and responsible bidders will be emailed a copy of their fully executed Service Agreement. BID 8788 Snow & Ice Removal Page 4 of 19 EXHIBIT A SCOPE OF WORK 1. 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 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 outside 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 17 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 Service Providers operators must be experienced to operate the equipment and the City reserves the right to approve and remove Service Providers without cause should safety, production or public contact issues arise. Service Provider 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 Service Provider must be able to provide the equipment bid and a qualified operator Sunday through Saturday (24/7/365) 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 Service Provider(s) for sidewalk and connector path snow and ice clearing shall consists of snow and ice removal for approximately 100 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 and South Shields underpasses, stairs and ramps, and the sidewalks at Colorado State Highway 392 & Harmony Interstate interchanges with I-25. 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 on-line map at: http://www.fcgov.com/streets/maps/snowmaps/sidewalk_removal_type.html 5. Bids to select the principal sidewalk Service Provider(s) will be evaluated based upon unit prices, number of available units (equipment), past performance, and two typical example snow events. The two snow events are detailed below as a Small Snow Event (4 inches of snow and less) and Large Snow Event (8 inches of snow and more); each with varying hourly unit needs. Bid unit prices entered into Exhibit B will be used for the analysis and selection of the principal sidewalk Service Providers The two snow events are examples and are used for evaluation purposes only and are not a guarantee of hours. BID 8788 Snow & Ice Removal Page 5 of 19 a. Small Snow Event (4 inches of snow and less) Item Number Equipment Description Hours of Units Needed 8 or 9 Tractor Tool cat with attachment(s) 25 7 or 17 Skidsteer or MT55 or equal with attachment(s) 15 10 ATV with attachment(s) 20 20 Support Truck 20 12 Pick up with plow 4 13 Hand Snow Removal Labor 40 14 Walk-Behind Snow Blower (45 hp) 60 15 Ice Melt, Pounds 150 b. Large Snow Event (8 inches of snow and more) Item Number Equipment Description Hours of Units Needed 8 or 9 Tractor or Tool cat with attachment(s) 50 7 or 17 Skidsteer or MT55 or equal with attachment(s) 50 10 ATV with attachment(s) 40 11 Pick up with plow 40 12 Hand Snow Removal Labor 150 13 Walk-Behind Snow Blower (45 hp) 100 15 Ice Melt, Pounds 500 18 Arrow board, Truck and Operator 50 19 Support Truck Operator and labor foreman 120 6. The City will have a mandatory pre-season orientation meeting to give the Service Providers direction and reinforce the City’s 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 in need of additional effort. Damaged property shall be repaired at the Service Provider’s expense. 7. Material from any site may be hauled to various collection 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 (Service Provider) 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. Service Provider must maintain all required documentation and provide proof prior to working for the City and during the term of the contract upon request. Failure to provide documentation as requested may result in Service Provider not working until documentation is provided. Repeated violations may result in Service Provider being dismissed for the season. 9. The City has adopted a “Limitation on Engine Idling” to discourage the idling of vehicle BID 8788 Snow & Ice Removal Page 6 of 19 engines. Service Provider 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 Service Providers run biodiesel in their equipment. 10. All 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. All work shall be performed in a professional, SAFE, courteous and efficient manner. The driver shall exercise the utmost courtesy to other drivers, the City, and the public including a zero tolerance for foul language on the job and during radio communications. The City reserves the right to terminate the contract or direct the Service Provider to remove an individual(s) from performing work for the City under this contract in the event of non- compliance with this provision. 12. Service Providers must use appropriate sanitary facilities as provided by the City on each job site or facility. 13. The City shall not be responsible for any equipment failures, damage to equipment, or maintenance required on the equipment. The Service Provider is responsible for all fuel required. 14. Any damage caused by the Service Provider's equipment or contract driver or equipment operators using City supplied equipment shall be the sole responsibility of the Service Provider. The Service Provider shall indemnify and hold harmless the City for any damage done by the Service Provider’s equipment/driver to any member of the public, private property, and any part of the right-of-way. 15. At no time whatsoever shall a driver/operator be considered or become a City employee. However, the driver/operator must understand that their actions reflect upon the City’s reputation. 16. The City will not guarantee hours. Service Providers will be used on an as-needed basis, depending on needs, availability and type of equipment. 17. 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. 18. The City shall have the option to proceed with contacting the next available Service Provider if the lowest priced responsive and responsible Service Provider is not available. When special conditions arise, the City shall have the option to choose the Service Provider to fit any special equipment needs or is otherwise in the best interest of the City. 19. The City will award to all responsive and responsible bidders. However, the City intends to prioritize and utilize vendors based on price, availability, responsiveness, and equipment. Qualification of Service Provider The City may make such pre-award survey as it deems necessary to determine the qualification of the Service Provider including suitability of the Service Providers vehicles and equipment to perform the work and the Service Provider shall furnish to the City all such information and data BID 8788 Snow & Ice Removal Page 7 of 19 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 sole opinion of the City, that the Service Provider is not properly qualified to perform the work described herein. The Service Provider 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 Service Provider(s) meeting the conditions of the Instructions to Bidder by equipment categories, with the low Service Provider at the top of each category list and in consideration of the capacity and availability of each Service Provider. 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 Service Providers used during any single storm will depend upon bid prices, equipment needs, prevailing snow and ice conditions, site characteristics, and weather forecasts. All factors noted will be considered on a storm-by-storm basis to determine which Service Providers are called. The ideal Service Provider has the equipment flexibility to perform under various conditions AND who submits the lowest responsive and responsible bid. BID 8788 Snow & Ice Removal Page 8 of 19 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 $ 3 Single Axel Dump Truck $ 4 Wheel Loader $ 5 Motor Grader $ 6 Back Hoe $ 7 Skid Steer with attachment(s) (bucket, plow blade, etc.) $ 8 Small Tractor with attachment(s) (bucket, plow blade, etc.) $ 9 Tool cat or equal with attachment(s) (broom, etc.) $ 10 ATV with attachment(s) (V-blade, etc.) $ 11 Walker Mower with 3' to 4' blade $ 12 Pick up with plow WITHOUT salt spreader $ 13 Hand Snow Removal Labor $ 14 Walk-Behind Snow Blower (45 hp or equal) $ 15 Ice Melt, Pounds (pet friendly, non-calcium) $ 16 Qualified Operator for City Owned Small Tractor $ 17 MT55 with bucket or blade $ 18 Arrow board, Truck & Operator $ 19 Support Truck for Labor & Operator $ Note: The rate per hour stated above is the total hourly cost for the equipment and operator. Please also note if any of equipment are running biodiesel. BID 8788 Snow & Ice Removal Page 9 of 19 FIRM NAME Are you a Corporation, Partnership, DBA, LLC, or PC? (circle one) SIGNATURE PRINT NAME ADDRESS PHONE CELL PHONE EMAIL BID 8788 Snow & Ice Removal Page 10 of 19 EXHIBIT C CITY OF FORT COLLINS STREETS, PARKING LOTS AND SIDEWALK SNOW AND ICE REMOVAL BILLING INSTRUCTIONS AND INVOICE FORM USE THIS FORM, OR EQUIVALENT AS APPORVED BY CITY REPRESENTATIVE, WHEN INVOICING CONTRACTOR NAME: PHONE NUMBER: _______ ADDRESS (STREET & #) ____________________________________________ CITY, STATE, ZIP CODE: ___________________________________________ INVOICE NO.: ________________ INVOICE DATE: __________________ BILLED TO: (CITY OF FORT COLLINS) JOB NO.: _________ LOCATION: WORK DONE (DATE/S AND TIME/S): HOURS: WORK ACCOMPLISHED: ICEMELT MATERIAL USED: _______________ (IN POUNDS) CHARGE: CHARGE: $ _______________ DEFINITIONS 1. Invoice date: Date you are billing the City of Fort Collins. 2. Work done (date/s and time/s): Dates and times work was conducted. 3. Hours: Man hours worked. 4. Work accomplished: Specifies type of work conducted based on equipment descriptions in Exhibit B. BID 8788 Snow & Ice Removal Page 11 of 19 EXHIBIT D INSURANCE REQUIREMENTS 1. 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 reduce coverage or limits and will not be cancelled, except after thirty (30) 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: 1. 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. 3. If Service Provider is a Sole Proprietor, Service Provider may sign and submit Certificate of Exemption from Statutory Workers’ Compensation Law as provided herein in Exhibit D-1. 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 8788 Snow & Ice Removal Page 12 of 19 SAMPLE CERTIFICATE OF INSURANCE The City of Fort Collins PO Box 580 Fort Collins, CO 80522 BID 8788 Snow & Ice Removal Page 13 of 19 EXHIBIT D-1 CERTIFICATE OF EXEMPTION FROM STATUTORY WORKERS’ COMPENSATION LAW AND ACKNOWLEDGEMENT OF RISK/HOLD HARMLESS AGREEMENT I, _________________________________ , as an owner / member / partner / stockholder (circle one) in ______________________________________ (insert business name), a Sole Proprietorship / Limited Liability Company / Partnership / Corporation (circle one), with a principal address of , certify to the City of Fort Collins, Colorado (the “City”) that the aforementioned business has no employees as defined by the Workers’ Compensation Act of Colorado, C.R.S. §§ 8-40-101, et seq., (the “Act”) other than those owners, members, partners, directors or other principals that have elected to be exempt from Workers’ Compensation coverage in accordance with Colorado law. On behalf of said business and its officers, agents, insurers, heirs, legal representatives, successors and assigns (collectively the “Business”), I warrant that I have full authority to execute this Exhibit on behalf of the Business. I warrant I understand the requirements of the Act with respect to providing Workers’ Compensation coverage for any employees of the Business. If the Business’s status changes in such a manner that requires Workers’ Compensation Insurance, the Business shall provide the City with a Certificate of Insurance evidencing proof of Workers’ Compensation Insurance coverage and Employer’s Liability Insurance coverage as required by the Agreement. The Business shall provide such Certificate of Insurance prior to the employees’ start of work for the City. On behalf of the Business, I acknowledge the Business may be contracting to engage in activities that involve a risk of personal injury, that the Business is capable of performing the activities, and that the Business shall take all necessary precautions to prevent injury. The Business does hereby waive, release and forever discharge and hold harmless the City, its officers, employees, agents and insurers from any and all liability, damages, claims, causes of action and demands with respect to any bodily injury, personal injury, illness, or death that may result from the performance of the Agreement, either in law or equity, whether caused by the negligence or breach of contract of the City its officers, employees, agents and insurers or otherwise. The Business also understands that the City, its officers, employees, agents and insurers do not assume any responsibility for, or obligation to, provide the Business with financial assistance or other assistance, including but not limited to medical, health, or disability insurance in the event of any bodily injury, personal injury, illness or death The Business agrees to defend, indemnify, and hold harmless the City from any and all such claims. As an independent contractor, the Business acknowledges that neither the Business nor any person employed by or serving the Business is entitled to workers’ compensation benefits from the City. The Business hereby waives any rights or claims to workers’ compensation benefits from the City and agrees to indemnify and hold the City harmless against any claims for such benefits by any officer, director, owner, employee, or servant of the Business or any other person claiming through the Business. By signing this Certificate, the Business acknowledges that it is responsible and liable for all work-related injuries, and further requests the City waive its requirement for evidence of Workers’ Compensation Insurance. BUSINESS: By: _____________________________________________ Printed: ___________________________________________ Title: ____________________________________________ Date: ____________________________________________ BID 8788 Snow & Ice Removal Page 14 of 19 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 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, Service Provider 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 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) 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 Service Provider is operating City provided equipment. 5. Delay. If either party is prevented in whole or in part from performing its obligations by BID 8788 Snow & Ice Removal Page 15 of 19 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. 6. Contract Period. This Agreement shall commence October 1, 2018 and shall continue in full force and effect until September 30, 2019, unless sooner terminated as herein provided. 7. 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: Service Provider: Copy to: Attn: City of Fort Collins Attn: Purchasing Dept. PO Box 580 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. Contract Sum. a. The City shall pay the Service Provider for the performance of this Contract, subject to additions and deletions provided herein, in accordance with Exhibit B, consisting of ( ) page(s), and incorporated herein by this reference. b. The Service Provider shall submit invoices on the City's form entitled "Streets, Parking Lots and Sidewalk Snow and Ice Removal Billing Instruction and Invoice Form" attached hereto as Exhibit C, consisting of one (1) page and incorporated herein, or on approved equivalent. 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 BID 8788 Snow & Ice Removal Page 16 of 19 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 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 BID 8788 Snow & Ice Removal Page 17 of 19 and nonconformances in design, materials and workmanship/workwomanship 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 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, 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 two (2) pages, attached hereto and incorporated herein by this reference. In the event the Service Provider is exempt from Workers’ Compensation, the Service Provider shall complete Exhibit D-1 – Certificate of Exemption from Statutory Workers’ Compensation Law and Acknowledgement of Risk/Hold Harmless Agreement, 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 Purchasing Director, P. O. Box 580, Fort Collins, Colorado 80522, one copy of a certificate evidencing the BID 8788 Snow & Ice Removal Page 18 of 19 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. 21. 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 Provider does not knowingly employ or contract with an illegal alien who will perform work under this Agreement; and 2. Service Provider will participate in either the e-Verify program created in Public Law 208, 104th Congress, as amended, and expanded in Public Law 156, 108th Congress, as amended, administered by the United States Department of Homeland Security (the “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 BID 8788 Snow & Ice Removal Page 19 of 19 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. THE CITY OF FORT COLLINS, COLORADO By: Gerry Paul Purchasing Director DATE: COMPANY NAME By: Printed: Title: CORPORATE PRESIDENT OR VICE PRESIDENT Date: