HomeMy WebLinkAboutMULTIPLE - CONTRACT - BID - 8373 CODE COMPLIANCE ON-CALLServices Agreement
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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 HIGH POINTE LAWNS 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. Scope of Work. The Service Provider agrees to provide services in accordance with the
Scope of Work attached hereto as Exhibit "A", consisting of five (5) 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.
2. Contract Period. This Agreement shall commence upon contract execution and shall
continue in full force and effect until October 31, 2017, 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 four (4) additional one year periods. Renewals
and pricing changes shall be negotiated by and agreed to by both parties. Written notice of
renewal shall be provided to the Service Provider and mailed no later than thirty (30) days
prior to contract end.
3. 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.
4. 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: City: Copy to:
High Pointe Lawns LLC
Attn: Cole Patterson
1142 Windcrest Lane
Fort Collins, CO 80524
City of Fort Collins
Attn: Eric Keselburg
PO Box 580
Fort Collins, CO 80522
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
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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.
5. Contract Sum. 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 three (3) pages, and incorporated herein by this reference.
6. 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.
7. 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.
8. 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.
9. 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.
10. 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.
11. 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
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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 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.
12. 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.
13. 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.
14. 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.
15. 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
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additional insured under this Agreement of the type and with the limits specified within
Exhibit C, 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 insurance coverage required from an insurance
company acceptable to the City.
16. 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.
17. 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.
18. 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
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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.
19. Special Provisions. Special provisions or conditions relating to the services to be
performed pursuant to this Agreement are set forth in Exhibit "D" – Subcontractors,
consisting of one (1) page; Exhibit “E” – Sample Billing Form, consisting of one (1) page;
and Exhibit “F” – Sample Lien Release, consisting of one (1) page, attached hereto and
incorporated herein by this reference.
20. Fugitive Dust Prevention and Control. The City of Fort Collins has adopted a Dust
Prevention and Control Manual and can be found at the following link:
http://www.fcgov.com/airquality/fugitive-dust.php. All operations conducted under this
Agreement shall be performed in accordance with the stated procedures and
requirements.
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THE CITY OF FORT COLLINS, COLORADO
By:
Gerry Paul
Purchasing Director
DATE:
ATTEST:
APPROVED AS TO FORM:
HIGH POINTE LAWNS LLC
By:
Printed:
Title:
Date:
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Owner
11/30/2016
Cole Patterson
Assistant City Attorney
12/2/2016
City Clerk
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EXHIBIT A
SCOPE OF WORK
DEFINITIONS
City Representative shall mean the Code Compliance Supervisor or their designated
representative.
Service Provider shall mean a successful bidder who has entered into a Services Agreement
with the City of Fort Collins.
EQUIPMENT REQUIRED
The Service Provider shall submit a list of equipment that will be utilized to accomplish the work,
defined as the industry standard for the P.T.O. horse power needed for the make and model of
mower or snow removal equipment and shall be prepared to have equipment inspected and
approved by the City's Representative.
The City Representative shall make the final determination if the equipment made available by
the Service Provider is sufficient to perform the work satisfactorily in a timely means.
Inspections of equipment may be performed by the City Representative at any point during the
contract.
WORK DIVISION
The City intends to award this bid, based on bid price and demonstrated capacity, to multiple
Service Providers who may be responsible for one or more of the categories placed for bid. It is
the intent of Community Development and Neighborhood Services Department to assign work
equitably among Service Providers based on bid price and level of performance including
quality and timeliness of work, however, there is no stated nor implied guarantee regarding the
allocation of assigned work. The City reserves the right to accept or reject any or all bids, and to
waive any informalities and irregularities in the bids. All Service Providers must have the
equipment specified for the scope of the work in each category it chooses to bid.
All work shall be performed under the direction of the City Representative, and in strict
accordance with the bid specifications and the signed Services Agreement.
The City Representative is authorized to assign jobs based on their sole discretion including
their judgement what is in the best interest of the City.
REGULATIONS
All work must be done in compliance with all local/state/federal regulations. This includes
having your vehicles current including Colorado Intrastate USDOT Carrier Identification
Numbers and equipment above 500 lbs. must have current Special Mobile Equipment (SME)
registration. All employees must be properly licensed and qualified to operate the equipment
they work on. All employees must be hired and managed in accordance with all
local/state/federal requirements. All equipment must be properly licensed and maintained. A
violation of any applicable regulation will be grounds for termination.
NOTIFICATION
The City shall notify Service Provider verbally or in writing of services to be performed. Such
notification shall include the location of such services and any other special circumstances
relating to the services.
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The City Representative must be able to reach the Service Provider easily, be responded to
within a reasonable time frame of two (2) hours. The Service Provider must have a mobile
phone where messages can be left.
If the City Representative is unable to reach a Service Provider when needed, the City
Representative may use any Service Provider to perform any type of services under this
Agreement, regardless of original assignment. Nothing within this Contract shall obligate the
City to have any particular service performed by the Service Provider.
SAFETY
The Service Provider shall perform all work in a safe manner, and must ensure that proper
safety gear is worn at all times. Personnel working on or near the road including the road
shoulder or right-of-way must wear a Class III reflective safety vest and hard hats at all times.
Personnel must wear eye and ear protection during weed whipping and while performing other
tasks that create a hazard to the ears and eyes.
PERFORMANCE
The Service Provider shall perform each job required in the most efficient manner and at the
lowest cost to the City. Any damage caused by the Service Provider in the performance of this
contract shall be the sole responsibility of the Service Provider.
The Service Provider shall be assigned each job by the City Representative, or his designate. A
list noting the address of the job, and the date the job was given to the Service Provider shall be
considered notice to proceed on each given job. At the time jobs are assigned, the City
Representative shall give oral and/or written instructions as to how each job is to be performed.
The Service Provider shall complete each job as assigned within forty-eight (48) hours of
receiving the assignment. If the job is not completed within forty-eight (48) hours, the City
Representative shall have the option of giving the assigned job to another Service Provider of
the City’s choice, or allowing the original Service Provider complete the job.
Should extenuating circumstances arise, such as severe weather, which prevents the Service
Provider from completing the job on schedule, the Service Provider must immediately notify the
City Representative, who shall decide if an extension shall be granted.
If the Service Provider does not perform the job as instructed, they shall be called back to
correct the job. The City shall not be charged for any corrections, and all corrections shall be
made promptly and professionally. Failure to make corrections as specified will be cause to
terminate the contract.
Should the Service Provider arrive at a job site, to find the work partially done or in process, the
Service Provider shall not begin work, and shall immediately notify the City Representative.
Should a property owner or a resident request that the Service Provider stop work, the Service
Provider shall immediately stop work, give the property owner/resident the City Representative's
card or phone number, and immediately notify the City Representative. If possible the Service
Provider should also obtain the name and number of the property owner/resident.
DIGITAL PHOTOS
All services performed under this contract require the use of a digital camera. A digital photo,
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with accurate date and time stamp, must be taken prior to, and upon completion, of all services
performed. Photos must clearly represent the work performed. If photos do not meet the
intended needs of the City Representative, the City Representative reserves the right to NOT
pay invoices for that job site.
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.
MATERIALS, EQUIPMENT AND LABOR
The Service Provider undertakes and agrees to furnish and pay for all materials, supplies, labor,
transportation, equipment, tools, consumables, services and supervision necessary to perform
any services hereunder.
ICE MELT
The City understands that the application of Ice Melt may be a necessary tool to soften hard-
packed snow and ice, however excessive use of Ice Melt will not be tolerated. If the excessive
use of Ice Melt per job is determined excessive by the City Representative, an explanation of
need may be required by the Service Provider. Disregard for the City Representative’s
recommended quantity of Ice Melt may be cause for non-payment of invoice.
MOVE-ON FEE
A Move-On Fee is defined as de-mobilizing from one work site and re-mobilizing to a different
work site greater than ¼ mile distance per City Representative directive, but no work is
performed because the abatement has already been completed. In such cases, the Service
Provider shall be allowed to charge one (1) Move-On Fee of $20.00. If multiple work sites are
within a ¼ mile range and meet the Move-On Fee criteria, only one (1) Move-On Fee may be
applied.
HAZARD FEE
The Service Provider shall be allowed to charge a “hazardous fee” of $50.00 on jobs where the
rubbish contains potentially hazardous items. These items may include bedbugs, drug related
materials/waste, excrement, insect infestation, etc. It will be the responsibility of the Service
Provider to fully document the possible hazard with photos and narrative.
DUST PREVENTION AND CONTROL MANUAL
The City of Fort Collins has adopted a Dust Prevention and Control Manual. The manual can
be found at: www.fcgov.com/dust. All operations conducted under this Agreement shall be
performed in accordance with the stated procedures and requirements.
SUB CONTRACTORS AND MATERIALS
Any sub-contractor Service Provider intends to utilize under the Agreement must be approved
by the City in writing prior to the start of any work by such sub-contractor. A list of all permitted
sub-contractors (if applicable) and material suppliers (if any) must be submitted with the bid.
The Service Provider shall not utilize the services of any sub-contractor not listed on the sub-
contractor list as submitted in performing work pursuant to the Contract without the prior written
consent of the City nor shall the Service Provider obtain supplies or equipment used in the
performance of this contract unless such supplier is listed on the material list. The City reserves
the right to deny use of sub-contractors hereunder at its sole discretion.
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RECORDS
The Service Provider shall, at all times, maintain accurate work records, noting the address of
the job, the City-assigned job number, digital photos (as required), the condition of the property,
the hours worked, the number of employees used, the equipment used and any problems or
unusual incidents. These work records may be requested and inspected at any time by the City
Representative.
BILLING
Invoices shall be submitted on City-approved forms only, and each invoice shall be submitted
with a lean-waiver release, if approved sub-contractors are used. Invoices shall reflect the
equipment used, the number of people on site, and total time spent on site. Billings shall be
submitted within seven (7) calendar days of job completion.
Work shall be charged at the hourly rate associated with the most efficient type of work and the
equipment used, as bid. All reasonable landfill and/or recycle fees will be reimbursed.
However, landfill tickets must also be submitted with the invoice. Time spent driving from the
job site to the landfill, and back to the job site shall be charged by the quarter hour, at the hourly
rate submitted for light weed and rubbish removal. Move-on fees may also be included on the
invoice, if appropriate (see above section for further information on Move-On Fees).
The first flat tire incurred in the course of work (if the flat was caused by a hazard on a job site,
and not in the public right-of-way) shall be reimbursed by the City, subject to City review and
provided a receipt is submitted. Subsequent flat tires caused by hazards on the same job site
shall be paid for by the Service Provider.
All billing must accurately reflect the actual time worked. Non-accurate billings may be cause
for termination of the contract.
TERMINATION
The City may terminate this contract for any reason with fifteen (15) days written notice to
Service Provider.
BIDS
The City may complete such pre-award reference verification as it deems necessary to
determine the ability of the Bidder to perform the work and the Bidder 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 sole
opinion of the City, that the Bidder is not properly qualified to perform the work described herein.
Fill in all blanks on the Bid Forms. Failure to do so may result in a bid disqualification. Bids
entered on forms where phraseology has been altered or where the documents have been
otherwise altered may not be accepted. A list of sub-contractors must be submitted with all
bids, signed supplemental instructions, and a workman's compensation waiver if deemed
necessary. The successful bidder(s) shall be required to enter into the attached Services
Agreement.
LAWS AND REGULATIONS
The Service Provider agrees to comply fully with all applicable state and federal laws and
regulations and municipal ordinances. The Service Provider further agrees to comply fully with
the Occupational Safety and Health Act, all regulations issued there under and all state laws
and regulations enacted and adopted pursuant thereto.
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The Service Provider also agrees to require that all persons operating motorized equipment
possess a valid drivers' license and that it will comply with Title 8, Article 12, C.R.S., the
Colorado Youth Employment Opportunity Act of 1971.
The Service Provider agrees to pay all state and federal social security, unemployment
insurance and other taxes, assessments or contributions due and payable to the State of
Colorado and/or the United States in connection with the work to be performed under this
Contract, and the Service Provider shall hold the City harmless from any liability on account of
any such taxes or assessments.
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EXHIBIT B
COMPENSATION
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EXHIBIT C
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.
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.
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No new insurance required
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EXHIBIT D
SUBCONTRACTORS
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EXHIBIT E
SAMPLE BILLING FORM
CITY OF FORT COLLINS
CODE COMPLIANCE ON-CALL
BILLING INSTRUCTIONS AND INVOICE FORM
Vendor Name:
Phone Number:
Address (Street & #):
City, State, Zip Code:
INVOICE NO: INVOICE DATE:
BILLED TO: (City of Fort Collins) JOB NO:
LOCATION:
WORK COMPLETED (include dates/times, locations, materials, equipment used, and time per
person):
PHOTO DOCUMENTATION ATTACHED (Including date and time stamps)
MOVE ON FEE (provide further documentation of addresses) $
TOTAL CHARGE: $ _______
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EXHIBIT F
SAMPLE LIEN RELEASE
The undersigned, for good and valuable consideration, the receipt and sufficiency of which are
hereby acknowledged, and intending to be contractually bound, hereby waives and releases to
and for the benefit of the owners of any properties on which work was performed pursuant to the
Contract for Code Compliance On-Call, by and between the undersigned and the City of Fort
Collins, Colorado, all rights of the undersigned to claim a mechanic's lien pursuant to Colorado
Revised Statutes, or any similar lien for work completed before ____ in conjunction with the
property at the following address:
and the undersigned hereby acknowledges the reliance of the owner or owners of such property
and the City of Fort Collins, Colorado, upon the waiver and release herein contained.
Name of Service Provider:
Authorized Signature:
Capacity (i.e., officer sole owner, partner):
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