04 25-15 Contract.pdf

City of Gunnison Contract for 2025 Tree Grinding Project

This Contract made and entered into on ___________, 2025, by and between the City of Gunnison, Colorado, a Colorado home rule municipality (hereinafter “the City”) and ________________. (Hereinafter “the Contractor”) for labor and services to be rendered and materials supplied by the Contractor to the City of Gunnison, Colorado.

For and in consideration of the Contract amount not to exceed $__________ for crushing material, which total is determined by the rates and units identified as follows: payable by the City to the Contractor, upon completion, inspection and approval of the work, the Contractor agrees to undertake and perform the following described project:

See Exhibit A - Scope of Work, attached hereto and incorporated herein

The Contractor will be required to submit, for approval, a work schedule within 5 working days of Contract execution. All work must complete no later than December 31, 2025.

1. The Contractor agrees to perform and complete the work in accordance with Exhibit A – Scope of Work and in compliance with the rules, regulations, statutes and ordinances of the City of Gunnison and all other applicable local, state, federal and other governmental ordinances, statutes, laws, rules and regulations.

2. The Contractor agrees to indemnify, defend and hold harmless the City, its officers, agents, employees, and insurers, from and against all liability, claims, and demands, on account of injury, loss, or damage, including without limitation claims arising from bodily injury, personal injury, sickness, disease, death, property loss or damage, or any other loss of any kind whatsoever, which arises out of or is connected in any manner with the Contract or the work provided for herein, if such injury, loss or damage is caused in whole or part by the act omission, error, professional error, mistake, negligence, willful or intentional act, or other fault or conduct of the Contractor, any sub-contractor, agent, employee of the Contractor or which arises out of any worker’s compensation claim of any employee of the Contractor or of any employee or agent of any sub-contractor of the Contractor. The Contractor agrees to investigate, handle, respond to and provide defense for and defend against, any such liability, claims or demands at the sole expense of the Contractor. The Contractor also agrees to bear all other costs and expenses related thereto, including court costs and attorney’s fees, regardless of whether any such liability, claim or demand alleged is groundless, false fraudulent, vexatious, or frivolous or substantially frivolous.

3. The Contractor agrees to maintain in effect during the term of this Contract, at its own cost, a policy or policies of insurance sufficient to insure against all liability, claims, demands, and other obligations assumed by the Contractor. The Contractor shall not be relieved of any liability, claim, demand or other obligation assumed pursuant to Paragraph 3, by reason of the Contractor’s failure to procure or maintain insurance in sufficient amounts, duration or type.

4. The Contractor shall procure and maintain the minimum insurance coverage listed below. Such coverage shall be procured and maintained with forms and insurers acceptable to the City. In the case of any claims-made policy the necessary retroactive dates and extended reporting periods shall be procured to maintain such continuous coverage. Insurance provided by the Contractor shall include:

(a) Worker’s Compensation Insurance in accordance with Colorado and Federal law which adequately protects all labor employed by Contractor during the term of this Agreement.

(b) Comprehensive General Liability Insurance or the equivalent for any injury to one person in any single occurrence, Four Hundred Twenty-Four Thousand Dollars and No Cents ($424,000.00); and for an injury to two or more persons in any single occurrence, the sum of One Million One Hundred Ninety-Five Thousand Dollars and No Cents ($1,195,000.00).

(c) Comprehensive automobile liability insurance on all vehicles used in the Services, in an amount no less than Four Hundred Twenty-Four Thousand Dollars and No Cents ($424,000.00) for any injury to one person in any single occurrence and in an amount no less than One Million One Hundred Ninety-Five Thousand Dollars and No Cents ($1,195,000.00) for any injury to two or more persons in any single occurrence.

5. The policy required by subparagraph 5(b), above, and by subparagraph 5(c), above, shall be endorsed to include the City and its officers, agents and employees as additional insured. The general liability policy shall be primary insurance, and any insurance carried by the City, its officers, agents or employees shall be excess and not contributory insurance to that provided by the Contractor. No additional insured endorsement to the policy required by subparagraph 5(a), above, shall contain any exclusion for bodily injury or property damage arising from completed operations. The Contractor shall be solely responsible for any deductible losses under any policy required by this Contract.

6. The Certificate of Insurance provided to the City shall be completed by the Contractor’s insurance agent as evidence that policies providing the required coverage, conditions, and minimum limits are in full force and effect, and shall be reviewed and approved by the City Clerk.

No other form of certificate shall be used. The certificate shall identify this Contract. The completed Certificate of Insurance shall be sent to: City of Gunnison, Attn: Jackie Johnson, P.O.

Box 239, Gunnison, CO 81230. Or email to jjohnson@gunnisonco.gov.

7. Failure on the part of the Contractor to procure or maintain policies providing the required coverage, conditions, and minimum limits shall constitute a material breach of the Contract upon which the City may immediately terminate this Contract, or at its discretion, the City may procure or renew any such policy or any extended reporting periods and thereto and may pay any and all premiums in connection therewith, and all monies so paid by the City shall be repaid by the Contractor to the City upon demand, or the City may offset the cost of the premiums against any monies due to the Contractor from the City.

8. The City reserves the right to request and receive any endorsement thereto provided for in this Contract.

mailto:jjohnson@gunnisonco.gov

9. The parties hereto understand and agree that the City is relying on and does not waive or intend to waive any provision of the Contract, the monetary limitations (presently $424,000 per person and $1,195,000 per occurrence) or any other rights, immunities and protections provided by the Colorado Governmental Immunity Act, Section 24-10-101 et seq., C.R.S. as amended, or otherwise available to the City, its officers, agents or employees.

10. The Contractor agrees to pay all just claims for materials, supplies, tools, fuels, lubricants, equipment, rental, machinery, insurance premiums, and services used or consumed in the performance of the Work by the Contractor, any of its sub-contractors, agents, employees, or suppliers in carrying out the provisions of this Contract as outlined in Exhibit A – Scope of Work.

11. The Contractor agrees to pay for all Unemployment Insurance of the State of Colorado, the unemployment contributions and interest due under provisions of Colorado law on wages paid to individuals employed, to provide Worker’s Compensation for all individuals employed, to provide for Worker’s Compensation for all employees as is required by Colorado law and to comply with the employees as is required by Colorado law and to comply with the conditions regarding Fair Employment practices as required by law.

12. Neither the City nor the Contractor shall, without the prior written consent of the other, assign or sublet in whole or in part, their interests under any of the provisions of the Contract and specifically, the Contractor shall not assign any monies due or to become due without the prior written consent of the City. The City and the Contractor each bind themselves, their partners, successors, assigns, heirs and legal representatives to the other party hereto in respect to all covenants, agreements, and obligations contained in the Contract.

13. The Contractor shall not do any work or furnish any material or labor not covered and authorized by this Contract, except under an executed written Change Order, approved by the City. Any such work which may be done or any such materials which may be furnished by the Contractor without such written Change Order first being given, shall be at the Contractor’s own risk, cost, and expense, and the Contractor hereby covenants and agrees that he shall make no claim for compensation for any work so done or any materials so furnished.

14. In the event a dispute should arise as to the provisions of this Contract, such Contract shall be interpreted in accordance with the laws of the State of Colorado. Venue for any action shall be in Gunnison County, Colorado.

15. By executing this Contract, the parties hereto acknowledge their right and opportunity to consult with counsel and further acknowledge that they have consulted with legal counsel to the extent they desire to do so.

16. This Contract constitutes the entire agreement between the City and the Contractor and may only be altered, amended, or repealed by written agreement, signed by both parties hereto, except as otherwise provided herein. This Contract may be executed in counterparts.

A. IN WITNESS WHEREOF, Owner and Contractor have signed this Contract.

This Contract will be effective on __________ (which is the Effective Date of the Contract).

OWNER: CONTRACTOR:

By: Amanda Wilson By:

Title: City Manager Title:

(If Contractor is a corporation, a partnership, or a joint venture, attach evidence of authority to sign.)

Address for giving notices: Address for giving notices:

201 W Virginia Ave

PO Box 239

Gunnison, CO 81230

License No.:

(where applicable)

(If Owner is a corporation, attach evidence of authority to sign. If Owner is a public body, attach evidence of authority to sign and resolution or other documents authorizing execution of this Contract.)

EXHIBIT A - SCOPE OF WORK

1. GENERAL

This contract consists of grinding tree limbs for use in the City of Gunnison’s production of Gunnison Gold.

1.1. Locations - The location of the work is at the City of Gunnison Tree Dump, located at 137 County Road 51, Gunnison, Colorado.

1.2. Work Performed - The work covered within this contract will consist of approximately 45 hours of grinding tree trunks and limbs at the City Tree Dump and hauling ground material to the City of Gunnison Wastewater Treatment Plant. Contractor will furnish their own equipment which requires a tub grinder or horizontal grinder in good working order and capable of processing large tree trunks and limbs, and an experienced operator(s). Size of screened material will be 3 square inches with a maximum thickness of one-half of an inch.

1.3. The Contract will be on a price per hour basis for grinding and hauling ground material to the City of Gunnison Wastewater Treatment Plant at 524 County Road 32, Gunnison, Colorado.

1.4. Productive Time – Contractor shall keep track of productive, standby and nonproductive time, so that only productive hours are credited. Equipment needs to be in good working condition, to minimize down time.

2. CONTRACTORS RESPONSIBILITIES

2.1. Supervision - The CONTRACTOR will supervise and direct the work. Contractor will be solely responsible for the means and methods, techniques, and procedures for performing the Work. The CONTRACTOR will employ and maintain on the work a qualified Supervisor or Superintendent who shall have been designated in writing by the CONTRACTOR as the CONTRACTOR's representative at the site. The Supervisor shall have full authority to act on behalf of the CONTRACTOR, and all communications given to the Supervisor shall be as binding as if given to the CONTRACTOR. The Supervisor shall be present on the site at all times as required to perform adequate supervision and coordination of the work. The Supervisor shall not be changed except with the consent of the OWNER, unless the Supervisor has proven to be unsatisfactory to the CONTRACTOR and ceases to be in his employ.

2.2. Safety and Protection - CONTRACTOR shall be responsible for initiating, maintaining and supervising all safety precautions and programs in connection with the work.

CONTRACTOR shall take all necessary precautions for the safety of, and shall provide the necessary protection to prevent damage, injury or loss to the General Public and all employees on the jobsite and other persons who may be affected thereby. CONTRACTOR shall comply with all applicable laws, ordinances, rules, regulations, and orders of any public body having jurisdiction for the safety of persons or property.

2.3. Use of Premises - The CONTRACTOR shall not enter upon private property, outside of the established easements or work limits for this project, for any purpose without first obtaining written permission from the owner. A copy of the document giving CONTRACTOR permission to enter private property along with all terms of the agreement shall be transmitted to the OWNER prior to entering property.

3. QUALITY ASSURANCE AND QUALITY CONTROL

Quality control will the responsibility of the CONTRACTOR to ensure compliance with the requirements of the Work. CONTRACTOR will identify in writing individuals who will carry out these duties and have the experience managing quality control on similar types of projects. OWNER may at any time enter work sites to inspect, test, and/or verify work and materials for the project as part of quality assurance to verify quality control is adhered to. Any testing, sampling, or inspection by the OWNER does not relieve the CONTRACTOR of their quality control responsibilities.

4. CONTRACT PERFORMANCE

4.1 This project will be completed no later than December 31, 2025. Failure to complete contract on time will result in $100 per day liquidated damages. If weather or other conditions prevent completion, the parties may negotiate a new date for completion, reflected in a change order.

The selected contractor will coordinate with Jason Kibler, Streets & Alleys Superintendent, at 970-641-8321, jkibler@gunnisonco.gov of a start date at least 48 hours and/or 2 working days prior to commencing work.

4.2 Contract Execution - Contract will be fully executed within 10 (ten) days of award.

4.3 Operations - Contract operations will be limited to daytime hours. Workdays will not include

Sundays or Holidays recognized by the State of Colorado.

4.4 Project Inspections - Owner will have right to access any and all contractor locations and project areas to inspect work, material, traffic control, equipment, and productive hours performed.

4.5 The parties may extend this contract via written change order for up to three years with the first year ending December 31, 2025, subject to appropriations. Dates and time for completion shall be stated in the change order.

A. IN WITNESS WHEREOF, Owner and Contractor have signed this Contract.