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HomeMy WebLinkAbout414759 SWINGLE LAWN TREE & LANDSCAPE CARE - CONTRACT - BID - 6020 STUMP GRINDINGSERVICES AGREEMENT WORK ORDER TYPE 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 Swingle Lawn, Tree & Landscape Care, Inc. hereinafter referred to as "Service Provider". WITNESSETH: In consideration of the mutual covenants and obligations herein expressed, it is agreed by and between the parties hereto as follows: 1. Services to be Performed. a. This Agreement shall constitute the basic agreement between the parties for services for 6020 Stump Grinding. The conditions set forth herein shall apply to all services performed by the Service Provider on behalf of the City and particularly described in Work Orders agreed upon in writing by the parties from time to time. Such Work Orders, a sample of which is attached hereto as Exhibit "A", consisting of one (1) page and incorporated herein by this reference, shall include a description of the services to be performed, the location and time for performance, the amount of payment, any materials to be supplied by the City and any other special circumstances relating to the performance of services. No work order shall exceed $50,000.00. The only services authorized under this agreement are those which are performed after receipt of such Work Order, except in emergency circumstances where oral work requests may be issued. Oral requests for emergency actions will be confirmed by issuance of a written Work Order within two (2) working days. b. The City may, at any time during the term of a particular Work Order and without invalidating the Agreement, make changes within the general scope of the particular services assigned and the Service Provider agrees to perform such changed services. Exhibit B CITY OF FORT COLLINS BID PROPOSAL Bla #602n BID QPENING.. January 2 2007, 3:00 a. (our ctockl WE HEREBY ENTER OUR BID FOR THE CITY OF FORT COLLINS' REQUIREMENTS FOR STUMP GRINDING PER THE BID INVITATION AND ANY REFERENCED SPECIFICATIONS: The City of Fort Collins Is requesting bids for stump grinding including dean -up at various sites as listed per the attached specifications. Work will be Issued by work orders. This Is a one year agreement but, 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 may use the Denver - Boulder CPI-U as published by the Colorado State Planning and Budget OMoe as a guide. Written notice of renewal shall be provided to the Service Provider and malled no later than 60 days prior to contract arid. Awarded contractor must sign the attached Service Agreement and provide insurance per Exhibit •B" BID SCHEDULE 1. Cost per inch for large stump grinder (50 horsepower or greater): $ J , (40 per" with herding all debris and stump chips and fNgngllevellng the hole with topsoll $5 per inch with filling hole with soli and stump dips and hauling away excess material $ 1, 75' per inch with no dean -up except raking stump grips and debris into a pile 2. Cost per inch for small stump grinder when needed: $(Or QQ per inch with hauling at debris and stump chips and fiilinglievdHrg the hole with topsoil $ 4r 5 Q per Inch with filling hole with soft and stump drips and hauling away excess material $ , 0'0 per inch with no dean -up except raking stump chips and debris into a pile ISA Certification # _ 9 YI —Ulf / FIRM SIGN NAME tvt Are you tier Pa hip, DBA, LLC, or PC ATURE y PHONE/FAX#% o`�api —' �tilts'� CJ%3 a2ti— 4IZs��• EMAIL Q,%" �atvi C jryl FEB-13-2007(TUE) 15:34 SWIN6LE TREE COMPANY (FAX)3033370157 P.002/002 AC_0-0. CERTIFICATE OF LIABILITY INSURANCE Emmmnr PRODUCER van Gilder Insurancc Corp. 700 Broadway, Suite 1000 Denver CO 80203 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. INSURERS AFFORDING COVERAGE INSURED Swingle, Inc.; Swingle Lawn, Tree and Landscape Care; Arborworks by Swingle 8585 E. Warren Avenue Denver CO 80231 INSURERA: Hartford Fire Insurance CO. (CL) INSURERS!PL-Hartford CasualtX Insurance Co. awKF.Hc pinnaCQ1 Assurance INsurERD: INSURER E' COVFRo6FS 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 CONTRACT OR OTHER DOCUMBNT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICE&; DESCRIBED HEREIN IS SUBJECT TO ALL TAR T87148. UC4USIONS AND CONDITIONS OF SUCH POLICIES. AGGREGATE LIMITS SHOWN MAY [LAVE BEEN REDUCED OY PAID CLAIMS. INSR TYPEOPINSURANCP POLICYNUMBER POLICY FFIR=.- PO MMATION LIMITS A 0I401ALL9MIULY 34tftWSR5055 10/l/2006 10/1/2007 EACH OCCURRENCE $1, 000, 000 FIRE DAMAGE Wy 011*ih) $300,000 X COMMERCIAL GCNCRALUAMLITY CLAIMS MADE F-- J OCCUR MEP FXP LAMY ar,a $10 , 000 PERSONAL aabYINJURY $1,000.000 GENERAL AGGREGATE $5,000,000 GENT AGGREGATE LIMIT APPLIES PER PRODUCTS-COMPIOPAOO _ — _ - 22, 000, 000 POLICY X PR0. LOC A AuramoadA X LIAsILDY ANAL 34UUNSR5055 10/l/2006 10/1/2007 COMBINED SINGLE LIMIT (ENacddwdl $1.000.000 BODILY INJURY IParp—) i ALLOWNEDAUTOS SCHEDULIDAUTOS X BODILY INJURY (Paraceidanl) _ HIREDAUTOS NON -OWNED AUTOS PROPERTY DAMAGE lk'arAaidanq s GARAGE LUIBIUTY AUTO ONLY, CA ACCIDENT S OTHER THAN EAACC AUTO ONLY. AGO $ ' ANY AUTO S B E=EBSLIABILRY X OCCUR CLAIMS MADE 34HRUSR5057 10/l/2006 10/1/2007 EACH OCCURRENCE f2.000.000 AGGREGATE $2,000,000 S S RDEDUCTIBLE s X RETENTION $IG, 000 C WDRBERS COMPENSATION AND SIaPLOYERW LUMLITY 4033574. 10/1/2006 10/1/2007 X wG SUMr%z TDRYTATI- I R C.L. EACH ACCIDENT 000, 000 P.L, DISEASE-EAEMPLOYE SSD0, 000 C.L DISEASE. POLICY LAAT 5500.DD0 A OTHER Herbicide L Pesticide 34UUNSR5055 10/1/2006 10/1/2007 a"1,000,000 Limit Applicator Coverage Claims Made DE4CIUPnON of OPERAmoNe&ocATIONSNEMCLESMXCLUSIONS ADDBO BY ENOORSEMENTISPECUL PROVISIONS General Liability includes illgnket Additioba.1 Insured rInftCCement required by written contract or written agreement. blanket waivers of Subrogatign apply to General Liability and Workers Compensation as required by written contract or written agreement. _ CERTIFICATE 14LA nFR I 1 sae, roar.. naa,ere, ar,aa. RA/dCCI 1 ATIf1M SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED City of Fort CollinsT Tim Buchanan - City Y BEFORE THE EXPIRATION DATE THEREOF, THE ISSUING INSURER Forester WILL MAIL 30 DAYS WRITTEN NOTICE TO THE CERTIFICATE HOLDER NAMED To THE LEFT, 281 N. College Fort Collins CO 80524 AUTHORUMD REPRESENTATIVE AuWmwza- Ilas1) 0ACORDCORPORATION 1888 2. Changes in the Work. The City reserves the right to independently bid any services rather than issuing work to the Service Provider pursuant to this Agreement. Nothing within this Agreement shall obligate the City to have any particular service performed by the Service Provider. 3. Time of Commencement and Completion of Services. The services to be performed pursuant to this Agreement shall be initiated as specified by each written Work Order or oral emergency service request. Oral emergency service requests will be acted upon without waiting for a written Work Order. Time is of the essence. 4. Contract Period. This Agreement shall commence February 1, 2007 and shall continue in full force and effect until January 30, 2008, 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. 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 90 days prior to contract end. 5. Delay. If either party is prevented in whole or in part from performing its obligations by unforeseeable causes beyond its reasonable control and without is 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. Early Termination by City/Notices. 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 mailed at least fifteen (15) days 2 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 address: Attn: PO Box 580 Fort Collins, CO 80522 In the event of early termination by the Service Froviaer Swingle Lawn, Tree & Landscape Care, Inc. 1805 East Lincoln Avenue Fort Collins, CO 80524 ce Provider shall be Vices rendered to the termination date, 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. 7. Contract Sum. This is an open-end indefinite quantity Agreement with no fixed price. The actual amount of work to be performed will be stated on the individual Work Orders. The City makes no guarantee as to the number of Work Orders that may be issued or the actual amount of services which will in fact be requested. 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 performance of the work the sums set forth for the hourly labor rate and material costs, with markups, stated within the Bid Schedule Proposal Form, attached hereto as Exhibit "B", consisting of two (2) page[s], and incorporated herein by this reference. Payment shall be made by the City only upon acceptance of the work by the City 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 work. 9. Liquidated Damages. OWNER and CONTRCTOR recognize that time is of the essence of this Agreement and that OWNER will suffer financial loss if the Work is not completed within the times specified in the work order, plus any extensions thereof allowed in accordance 3 with Article 12 of the General conditions. They also recognize the delays, expenses and difficulties involved in proving in a legal proceeding the actual loss suffered by OWNER if the Work is not completed on time. Accordingly instead of requiring any such proof, OWNER and CONTRACTOR agree that as liquidated damages for delay (but not as penalty) CONTRACTOR shall pay OWNER the amount set forth in each Work Order. 10. City Representative. The City's representative will be shown on the specific Work Order and shall make, within the scope of his or her authority, all necessary and proper decisions with reference to the work requested. All requests concerning this Agreement shall be directed to the City Representative. 11. Independent Contractor. It is agreed that in the performance of any services hereunder, the Service Provider is an independent contractor responsible to the City only as to the results to be obtained in the particular work assignment and to the extend that the work shall be done in accordance with the terms, plans and specifications furnished by the City. 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 under the Agreement or of any cause of action arising out of the 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. 4 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. 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 5 representative, 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 "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 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. This Agreement shall be governed in all respect by the laws of the State of Colorado. 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. This paragraph shall apply to all Contractors whose performance of work under this Agreement does not involve the delivery of a 0 specific end product other than reports that are merely incidental to the performance of said work. Pursuant to Section 8-17.5-101, C.R.S., et. seq., Contractor represents and agrees that: A. As of the date of this Agreement: 1. Contractor does not knowingly employ or contract with an illegal alien; and Contractor has participated or attempted to participate in the basic pilot employment verification 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 "Basic Pilot Program") in order to verify that Contractor does not employ any illegal aliens. B. Contractor shall not knowingly employ or contract with an illegal alien to perform works under this Agreement or enter into a contract with a subcontractor that fails to certify to Contractor that the subcontractor shall not knowingly employ or contract with an illegal alien to perform work under this Agreement. C. Contractor shall continue to apply to participate in the Basic Pilot Program and shall in writing verify same every three (3) calendar months thereafter, until Contractor is accepted or the public contract for services has been completed, whichever is earlier. The requirements of this section shall not be required or effective if the Basic Pilot Program is discontinued. D. Contractor is prohibited from using Basic Pilot Program procedures to undertake pre -employment screening of job applicants while this Agreement is being performed. E. If Contractor obtains actual knowledge that a subcontractor performing work under this Agreement knowingly employs or contracts with an illegal alien, Contractor shall: Notify such subcontractor and the City within three days that Contractor 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 Contractor 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. F. Contractor shall comply with any reasonable request by the Colorado Department of Labor and Employment (the "Department') made in the course of 02-05-'07 15:41 FROM- T-824 P009/014 F-078 an investigation that the Department undertakes or is undertaking pursuant to the authority established in Subsection 8-17.5-102 (5), C.R.S. G. If Contractor 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, Contractor shall be liable for actual and consequential damages to the City arising out of Contractor's violation of Subsection 8-17.5-102, C.R.S. H. The City will notify the Office of the Secretary of State if Contractor 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 "D", consisting of two (2) pages, attached hereto and incorporated herein by this reference. ATTEST Corporate Secretary CITY OF FORT COLLINS, COLORADO a municipal corporation By: a as B. O'Neill II, CPPO Direc r Purchasing and Risk Management Date: Swingle Lawn, Tree & Landscape Care, i. e r i Print Name Title lr' i Corporate President or' Date: G 3 (Corporate Seal) N EXHIBIT "A" WORK ORDER FORM PURSUANT TO AN AGREEMENT BETWEEN THE CITY OF FORT COLLINS AND DATED: Work Order Number: Purchase Order Number: Project Title: Commencement Date: Completion Date: Maximum Fee: (time and reimbursable direct costs): Project Description: Scope of Services: Professional agrees to perform the services identified above and on the attached forms in accordance with the terms and conditions contained herein and in the Professional Services Agreement between the parties. In the event of a conflict between or ambiguity in the terms of the Professional Services Agreement and this work order (including the attached forms) the Professional Services Agreement shall control. Professional By: Date: User Acceptance The attached forms consisting of _ (, pages are hereby accepted and incorporated herein, by this reference, and Notice to Proceed is hereby given. City of Fort Collins By: Date: By: Director of Purchasing and Risk Management (over $30,000.00) Date: