HomeMy WebLinkAbout414759 SWINGLE LAWN TREE & LANDSCAPE CARE - CONTRACT - RFP - P1075 HOLIDAY LIGHTINGSERVICES 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 Swingle Lawn, Tree and Landscape Care, 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:
Scope of Services. The Service Provider agrees to provide services in accordance
with the scope of services attached hereto as Exhibit "A", consisting of Two (2) pages and
incorporated herein by this reference.
2. Contract Period. This Agreement shall commence upon signing, and shall continue
in full force and effect until August 31, 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 ninety (90) days prior to contract end.
3. Del9y. 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
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EXHIBIT B
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 be cancelled or materially altered,
except after ten (10) days written notice has been received by the City of Fort Collins."
In case of the breach of any provision of the Insurance Requirements, the City, at its option, may
take out and maintain, at the expense of the Service Provider, such insurance as the City may
deem proper and may deduct the cost of such insurance from any monies which may be due or,
become due the Service Provider under this Agreement. The City, its officers, agents and
employees shall be named as additional insureds on the Service Provider's general liability and
automobile liability insurance policies for any claims arising out of work performed under this
Agreement.
Insurance coverages shall be as follows:
A. Workers' Compensation & Employer's Liability. The Service Provider shall
maintain during the life of this Agreement for all of the Service Provider's employees
engaged in work performed under this agreement:
Workers' Compensation insurance with statutory limits as required by
Colorado law.
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 $500,000 combined single limits
for bodily injury and property damage.
In the event any work is performed by a subcontractor, the Service Provider shall be
responsible for any liability directly or indirectly arising out of the work performed under
this Agreement by a subcontractor, which liability is not covered by the subcontractor's
insurance.
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FEB-13-2007(TUE) 15:3d SWINDLE TREE COMPANY
(FAX)3033370157 P.002/002
A.C_QjW. CERTIFICATE OF LIABILITY
INSURANCE
2/13/ oo ''
PRON CER
van Gilder Insuranoc Corp.
THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION
ONLY AND CONFERS NO, RIGHTS UPON THE CERTIFICATE
700 Broadway, Suite 1000
Denver CD 80203
HOLDER. THIS CERTIFICATE DOES NOT AD, EXTEND OR
ALTER THE COVERAGE AFFORDED 8Y MEN
THE POLICIES BELOW,
INSURERS AFFORDING COVERAGE
RISURM
INSURERA: Hartford Fire Insurance CO. (CL)
Swingle, Inc.; Swingle Lawn, Tree and
Landscape Care; Arbprworks by Swingle
3SGS E. Warren Avenue
Denver CO 80231
INSURER B.FL-Hartford CasualtX Insurance Co.
W ERc pinnaool Assurance
INSURER D:
INSURER
COVrRAGe$
TILE POLICIES of INBDRANCE LISTED BELOW NAVE BEEN ISSUED TO. THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED,
NO'TNITHSTANDINO ANY REQUIREMENT, TERN OR CONDITION OF ANT CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS
CBRTYFICATB MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DTSCRIBED RCREIX IS eUBJSCr TO ALL
THE TERMS. EXCLUSIONS AM COWDITIMM OP SUCH POLICIES. AGGREGATE LIMITD SHOWN WAY HAVE DEW REDUCED DY PAID CLAIMS.
SR
re"ORINSUPANCE
0941RALLIABAnY
X COMLUOICIALGCNIOD UAMLITY
CUIM9IAAOE I (OCCUR
POLICY NUMBS
P000'F CIWE
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A
34UUNSR3055
10/l/2006
10/l/2007
EACH OCCU4r1ENc6
$1.000,000
FWDAMAGE 0WV*)
$300,000
MP.PF" om,
$10,000
PERSONALCAOVINAIHY
71,000.000
_
GENER&AGGREGATE
$5,000,000
CENLAGGREGAYE
POLICY
LMrr APPLIES PER:
X PRQ I.oc
PRO[A1C19 -COMP/OP A00_
$2.000,000
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ANY AM
34UUNSR5055
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10/1/2007
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11. 000. 000
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ALL OWNED AUTOS
SCHEDULCDAUTOS
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NaTED AUrOa
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(Pma denl)
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CAPJICE UASILTY
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ANY AUTO
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B
OICESSUIBO.HY
x OCCUR QOume MADE
34HMSR5057
10/7/2006
10/1/2007
ruNaccuapGNCG
2.000.000
ADoyEaATE
-
S2,000;000
S
S
OEOUOTOLE
X RMENTION 310,000
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WORAEnB DONTiMBAnnN ANO
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4033574.
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10/1/2007
X wG bTATU. OTW
TO'W mrro,
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$500,000
F.L. wBE -EAE OY
500, OQO
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LL=EAS6. POu0Y uMrr
i300.000
A
Herbicide L Pesticide EN
34UONSR5055
10/1/2006
10/l/2007
+"3,000,000 Limit
Applicator Coverage
Claims Made
DENUR11TON OF WEM'IIONFAOCAnGli NEMOUE CLUSIONS ADDED BY BNODRSUMWM BCLj P110VpI0N5
general Liability inClUdea blanket Additional InOUTed EndOCGement raQvire4 by written Contract or Written agreement.
Blanket Waivers of Subrogation apply to General Liability and Workers COmpensa Lion as reguirad by written Contract or
written agreement.
I
City Of Fort Co13insi Tim Buchanan - City BEFORE THE EXPIRATION DATE THEREOF, THE ISSUING INSMOIR
FOreeter Y WILL MAIL 30 DAYS WRITTEN NOTICE TO THE CERTIFICATE HOLDER
281 N. College NAMED TO THG LEFT,
Fort Collins CC 80524
notices provided under this Agreement shall be effective when mailed, postage prepaid and sent to
the following addresses:
City: Service Provider:
City of Fort Collins Swingle Lawn, Tree and Landscape Care
Attn: Purchasing Attn: Eric Shaub
PO Box 580 1805 East Lincoln Ave A-3
Fort Collins, CO 80522 Fort Collins, CO 80524
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.
5. Contract Sum. The City shall pay the Service provider for the performance of this
Contract, subject to additions and deletions provided herein, $149,295.00 for the first year, $75,000
for the second year and $75,000 plus negotiated increases for the third, fourth and fifth years. .
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 underthis 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. 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.
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I
9. Acceptance Not Waiver. The City's approval or acceptance of, or payment for any of
i
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.
10. Warranty.
(a) Service Provider warrants that all work performed hereunder shall be
performed with the highest degree of competence and care in accordance
with accepted standards for work of a similar nature.
(b) Unless otherwise provided in the. Agreement, all materials and equipment
incorporated into any work shall be new and, where not specified, of the most
suitable grade of their respective kinds for their intended use, and all
workmanship shall be acceptable to City.
(c) Service Provider warrants all equipment, materials, labor and other work,
provided under this Agreement, except City -furnished materials, equipment
and labor, against defects and nonconformances' in design, materials and
workmanship/workwomanship for a period beginning with the start of the
work 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.
11. 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.
12. . 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
i
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.
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13. 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.
14. 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
t
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 B,
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.
15. 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.
16. 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
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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.
17. 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
specific end product other than reports that are merely incidental to the performance of said
i
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;i
and
2. 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 confirm the employment eligibility of all newly hired i
employees.
b. Contractor 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. 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.
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e. If Contractor obtains actual knowledge that a subcontractor performing work
under this Agreement knowingly employs or contracts with an illegal alien, Contractor
shall:
1. 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 i
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 an investigation that
I
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
i
damages to the City arising out of Contractor's violation of Subsection 8-17.5-102, C.R.fS.
h. The City will notify the Office of the Secretary of State if Contractor violates this f
provision of this Agreement and the City terminates the Agreement for such breach.
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CITY OF FORT COLLINS, COLORADO
a municip oration
By:
,tames B. 'NeiIIII, CPP , F IGP
Director of Purchasing and Risk Management
Date: Qj
Swingle Lawn,
PRINT
COR OR TE PR SIDENT OR IC RESIDENT
ATTEST: (Corporate Seal)
CORPORATE SECRETAR
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EXHIBIT A
P1075 Holiday Lighting
Scope of Work
This work includes the supply, installation, maintenance, take -down and storage (turn key) of
holiday lighting for the City Old Town area. This is a one year agreement with the option to
renew four more years.
Installation of holiday lighting onto the street and median trees are located in the following areas:
o College Avenue from Magnolia to Laporte Avenue
o West Mountain to Mason
o East Mountain to Walnut
o Linden Street from Jefferson Street to Old Town Square
o Old Town Square proper
o Walnut St. from Linden to Pine.
o Oak Street Plaza Park.
1. The trees in these areas vary in size with a total count of 275 trees. All canopies and trunks
of the trees are wrapped as approved by the City project manager and per the installation
description.
2. All lights must be LED Cool White to mimic the appearance of incandescent lighting and will
be supplied by the contractor. All lights must be commercial grade with the ability to string light's
in line to accommodate the installation. The City will own all lights that are supplied.
3. Lights must be installed, tested and ready for operation by the first Friday in November and
installation must be completed in three weeks. Lights must be installed in a tamper -resistant
method as possible.
4. During the light: season the contractor shall inspect the lights no less than once every 7 days
to ensure proper function and that all lights are in working order. All maintenance of the lights
must be provided by contractor and contractor shall have 24 hours to respond to any phone, e-
mail or fax notification from the project manager. Contractor must repair any loose light strings
or wiring that present a hazard to pedestrians or obstruct the passage of vehicles within 2 hours
of notification.
5. Lights are turned off for the season on January 2"d and removal must be complete within
three weeks after that date. Consideration for inclement weather shall be given and must be
approved by the project manager.
6. Contractor is liable for all damage of trees during the installation, removal and maintenance
phases. All pruning must be completed by an ISA Certified Arborist licensed in the City of Fort i
Collins. No tree shall be cut in such a manner that its health or eventual safety will be impaired.
7. Proper storage of the lights shall be the contractor's responsibility. Any lights damaged
during storage due to excessive heat, sun exposure, water damage or other improper storage
methods, shall be replaced by the contractor with no cost to the City of Fort Collins.
8 Lights will be warm white mini -type LED and warm white C9 LED. C9jlights will be on 36-inch
Center Strand.
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9. Contractor will install, maintain, remove and store lights for the 1st year renewal for a total sum
of $75,000.00 and following years may be renewed using the Denver Boulder CPI-U as a guide
for any increases in price. All material replacement will be invoiced separately for the following
year renewals. Contractor must make every effort to remove and install, ights so they are not
damaged.
10. Repairs approved by the City Project Manger as a result of vandalism or acts of nature will;
be billed at $70/ Man Hour for aground crew and $170/ Man Hour for a bucket truck crew.
INSTALLATION DESCRIPTION
• Trunk Wrap with 47,000 Minis in 74 trees.
• Canopy Wrap with 41,000 C9 Lights in 275 trees.
Total length of 146,500 Linear Feet.
TREE LOCATIONS:
College Avenue from Maqnolia to Laporte Avenue
Canopy all trees with 36 inch spaced C9 LED lights. Complete trunk wrap on median
trees only. No trunk wrap on trees along pedestrian walkway
West Mountain to Mason
Canopy all trees with 36 inch spaced C9 LED lights
East Mountain to Walnut
Canopy all trees along pedestrian N. Side of Mountain with 36 inch spaced C9 LED lights
Linden Street from Jefferson Street to Old Town Square
Canopy all trees along pedestrian walkways with 36 inch spaced C9 LED lights
Old Town Square Proper
Canopy wrap trees in square with 36 inch spaced C9 lights, trunk wrap trees with LED
minis
Walnut St from Linden to Pine
Canopy wrap trees along pedestrian walkway with 36 inch spaced C9 lights
Oak Street Plaza Park
Canopy wrap trees in Park with 36 inch spaced C9 lights, trunk wrap trees with LED
minis
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