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HomeMy WebLinkAbout102136 KORBY SOD AND LANDSCAPING - CONTRACT - BID - 5360 STREETSCAPE MAINTENANCESERVICES AGREEMENT STREETSCAPE MAINTENANCE 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 Steve Korby, DBA KORBY'S SOD SERVICE, hereinafter referred to as "Service Provider" or "Contractor" WITNESSETH. In consideration of the mutual covenants and obligations herein expressed, it is agreed by and between the parties hereto as follows 1. Scope of Services The Service Provider agrees to provide Streetscape Maintenance services in accordance with the scope of services attached hereto as Exhibit "A", consisting of eleven (11) pages, and incorporated herein by this reference 2. The Work Schedule The services to be performed pursuant to this Agreement shall be performed in accordance with the schedules incorporated in Exhibit "A" 3 Contract Period This Agreement shall commence April 1, 1999, and shall continue in full force and effect until December 31, 1999, 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 Pricing changes shall be negotiated by and agreed to by both parties and may not exceed the Denver - Boulder CPI-U as published by the Colorado State Planning and Budget Office Written notice of renewal will be provided to the Service Provider and mailed no later than thirty (30) days prior to contract end 4. 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 6. 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 SA 7/93 1 i 26 OPERATION OF AUTOMATIC IRRIGATION CONTROLLERS The Contractor shall protect the security of irrigation controllers by keeping the controller cabinet doors locked at all times Any stolen or vandalized controllers as a result of unlocked cabinets shall be replaced at Contractor's expense Remote control and hand held programmers shall be protected from theft and shall be replaced at Contractor's expense in case of loss or damage Care should be exercised in the operation of automatic controllers Any defective or nonfunctioning controller shall be reported to the City Representative 27 ROUTINE SYSTEM MAINTENANCE The contractor shall perform routine maintenance on the sprinkler system components on an every week to ten (10) day cycle Routine maintenance shall include the following maintenance tasks 1 Unplugging components i e valves, heads, piping, etc rendered nonfunctional due to rock, rust, debris, etc The Contractor should be aware of a higher than normal rate of plugged heads on Mountain Avenue 2 Making all routine arc adjustments for part circle heads to promote optimum coverage 3 Check controller programming and rescheduling as needed 4 Repairing/replacing all broken risers and nipples This applies to all risers and nipples regardless of reason for failure 5 Replacing batteries in controllers as needed Any replacement equipment or parts must be of the same brand, model number, nozzle size and new unless authorized by the City Representative The Contractor shall maintain all sprinkler systems in such a way as to insure proper coverage and full working capability 28 SPRINKLER SYSTEM REPAIR Sprinkler system repair shall consist of those operations not covered in routine sprinkler system maintenance When the Contractor discovers a need for repair, he shall effect repairs immediately For onetime repairs that exceed $150 00, the Contractor shall notify the City Representative for approval The Contractor shall make an itemized report on the monthly billing that list man-hours spent, parts used, location (closest address) and reason for each repair When the Contractor performs the repair work, it shall be charged at the per hour rate on the bid form plus materials at list price less 20% or contractor price (whichever is greater) 29 SPRINKLER SYSTEM SPRING ENERGIZATION The City Representative will schedule water turn -on through the Water Utility Contractor is not to turn any curb stop or water valve The Contractor shall turn on each sprinkler system at the meter Mainlines shall be filled slowly and each zone activated by use of the automatic controller visually inspecting each head for performance and coverage Repairs will be made prior to system being used for irrigation purposes Visually inspect each backflow device for proper operation SA 7193 210 SPRINKLER SYSTEM WINTERIZATION The City Representative will schedule water turn-off through the Water Utility The Contractor shall turn off the sprinkler system at the meter Air shall be forced through the system via the blow out tubes on the systems Air shall pass through each system expelling all water Care shall be taken when blowing out as excessive pressure will damage the sprinkler system Backflow device ball valves should be left in a partial open or partial closed position to prevent damage from trapped water that will freeze A second blowout maybe necessary on larger systems Contractor will be responsible for any freeze damage This should be scheduled no later than October 31 (smaller systems and backflow devices will freeze rapidly) Wrapping backflow devices with insulation is prohibited 30 MOWING 31 IRRIGATED TURF GRASS MOWING All lawn areas included in this contract shall be mowed with either power reel - type or rotary mowers The mower blades or reels shall be sharpened and maintained so as to provide a smooth, even cut without tearing The cutting adjustment will provide a uniform, level cut without ridges or depressions Mowing height shall be set at 2'/2" - 3" Mowing shall be performed so that no more than one-third (1/3) of the grass blade is removed during each mowing in returning the grass to the accepted height or one time per week whichever is most often Mowing may be in excess of once per week during fast growth periods Any damage to turf, trees, shrubs, sprinkler system components, buildings, or other objects during trimming or mowing operations shall be repaired at the Contractor's expense 32 MOWING FREQUENCY IRRIGATED TURF All irrigated turf areas (including areas where only trees are irrigated) will be mowed on a weekly basis or when a mowing would cut one third of the grass blade, whichever is most often 33 MOWING FREQUENCY NONIRRIGATED TURF Mowing shall be performed depending on the growth of the turf This turf will grow rapidly in the early season and go dormant with the heat of summer and may pick up again in the cool of fall The last mowing should be timed to either pick up or mulch the remaining leaves of the season The Contractor should plan on 17 mowings scheduled approximately as follows April #2 July #2 May #4 August #2 June #4 September #1 October #2 TOTAL #17 SA 7/93 40 EDGING AND TRIMMING 41 TURF GRASS EDGING All turf shall be edged adjacent to all improved surfaces so that the foliage is maintained within the turf area Any overgrowth into improved surfaces such as curbs, gutter areas or sidewalks shall be removed at time of mowing Gutters may be sprayed with a herbicide to eliminate growth between concrete and asphalt A mechanical edger shall be used to run down the curb line and sidewalk edges once per year to reclaim the hard surface Spoils shall be removed from the site 42 TURF GRASS TRIMMING After each mowing, the grass around all obstructions (such as vacuum breakers, fences, controllers, curbs, trees, etc ) will be trimmed to match the height of the open turf areas Trimming shall be accomplished around irrigation system sprinkler heads as necessary to permit maximum water coverage by the system 43 PARKWAY ADDED MOWING Where parkway turf areas are adjacent to other turf areas not under this contract, the Contractor will mow one mower width of turf on the adjacent area This includes where a sidewalk may be the separation Adjacent to the sidewalk will also receive one mower width of mowing on the non -contract side 44 WEED EATER CARE Extreme care shall be utilized when trimming around trees with any trimming device Any marks, chipped bark, or girdling by a string trimmer, mower or other device will result in stipulated damages being assessed by the City Forester or his representative The use of herbicides around the tree trunks (no wider than eighteen (18) inches from the base) is encouraged A representative from the Forestry Division is available to meet with Contractor personnel to discuss turf trimming around trees and its effects on trees (and the resulting penalties) 50 CLIPPINGS REMOVAL 51 CLEANUP Any visible grass clippings left on sidewalks, streets, or turf areas shall be removed from the hard surfaces and excess on the turf shall be removed or spread to eliminate dead spots from heavy turf clippings This shall be done after each mowing and trimming 52 REMOVAL If clippings are picked up for removal they shall be removed to an approved site, preferably for mulching SA 7/93 60 WEED CONTROL 61 WEED CONTROL IN TURF AREAS All landscaped areas within the specified maintenance areas shall be kept free of weeds (WEEDS Any plant material not intended for placement in the landscape ) Weeding may be done manually or by the use of selective herbicide and or pre -emergent The Contractor shall use extreme care in the use of herbicides so as not to damage desirable plants or the health of other humans or animals The Contractor shall post all areas with flags to indicate that a herbicide application has taken place (include the company name and contact phone number) The Contractor shall follow any and all State, County or local regulations pertaining to herbicide application and use, or any weed ordinances that may be in effect The Contractor will replace any desirable plants or trees damaged beyond recovery as a result of herbicide use Herbicide use should not take place within the drip line of any tree Herbicide applications should be made on a timely basis to avoid seed head development Only one broadleaf weed application will be required per year for non -irrigated turf grass All irrigated turf grass shall be on an as needed basis All herbicide applications shall be recorded for the monthly report 62 WEED CONTROL IN SHRUBS AND SHRUB BED AREAS Weed growth in shrubs and shrub beds shall be controlled on a minimum monthly basis Weeds and grass shall be removed by hand pulling only Large mulched areas may be approved for herbicide applications Shrub beds shall be kept weed and debris free 70 OTHER TURF NEEDS 71 FERTILIZATION The Contractor shall take soil samples and have them analyzed by a qualified laboratory Based on the soil report, the Contractor shall make a written recommendation for fertilization requirements A schedule for fertilization will be drawn up and submitted for approval of the Protect Manager It is anticipated that a minimum of one spring and one late fall application would be needed for irrigated turf No fertilization will be required for non -irrigated turf or shrub beds 72 AERATION Aeration shall be limited to an as needed basis This includes compaction by foot traffic, mower traffic, or other vehicular traffic as directed by the City Representative Aeration shall be accomplished by using a tine aerator to a depth of up to six (6) inches over the affected area Other aeration may be done to promote turf health at the discretion of the Contractor SA 7193 80 LITTER TRASH DEBRIS AND PRUNNING 81 GENERAL All areas covered under this contract shall be kept free of all trash, debris, tree limbs, branches, and other foreign matter on a weekly basis during the growth season and biweekly during the winter 82 PREMOWING CLEANUP The Contractor will remove all paper, tree branches and limbs, rubbish, or other debris from each area prior to mowing Mowing over paper and debris is considered an unsafe and unacceptable practice 83 SPRING CLEANUP The Contractor during the first four weeks shall remove all debris, leaves, paper, branches, rubbish, etc from all areas before any other maintenance activities commence 84 FALL CLEANUP During the term of this contract, leaves shall be the responsibility of the Contractor Removal or approved mowing with a mulching mower (attachment) shall be the methods used to control the build up of falling leaves The final mowing of the season shall be after 90% of leaves have fallen to promote a well cared for looking turf 85 TREE SUCKER GROWTH Suckers should be clipped unless otherwise directed by Forestry Division personnel 86 SHRUB PRUNNING Shrubs and bushes shall be kept trimmed so that they hold a compact shape and do not extend outside the median line or over splash block 87 TREE PRUNNING Contractor shall notify the City Representative of any trees that need to be pruned for safety or any other reason 90 HARD SURFACE CARE 91 WEEDS Weeds shall be removed from all hard surfaces and margins on an as needed basis This shall be no less than once per month 92 CLEANUP The hard surface areas shall be cleaned at least once annually, after snow season These areas shall be washed by use of a high power washer to remove debris to the street The City's Street Washing Crews will be contacted by the Contractor to coordinate efforts so that street sweeping occurs shortly after the hard surface washing occurs SA 7/93 9 CONTRACTOR WORK RATINGS 1 0 WORK RATING The City and the Contractor recognize that the quality of work is important to both parties and that the City will suffer financial loss if work is performed poorly or not at all Accordingly, the City and Contractor agree that as Stipulated Damages for such poor work performance (but not as a penalty) the Contractor shall forfeit such damages, calculated as set forth herein The quality and performance shall be rated by the City Representative or his representative 1 1 STIPULATED DAMAGES Stipulated damages (damages) shall be invoked when an inspection report reveals a maintenance item (i e mowing, trimming, sprinkler maintenance, weeding, trash pickup, etc ) was done unsatisfactorily in accordance with the standards set forth in Exhibit A The Contractor will be given a minimum of two working days to correct the deficient work If the work after this time period remains unsatisfactory, the following percentage of the total calculated monthly billing would be deducted as stipulated damages Number of Deficient Maintenance Operations 1 2 5 or more Degree of Damages 5% of monthly billing 10% of monthly billing 15% of monthly billing 20% of monthly billing 25% of monthly billing When the Contractor has been notified of five (5) or more deficient operations, the Contractor may be found in default of the contract and removed for no cause Damage to trees by string trimmers or mowers will be penalized at $25 00 per occurrence If the project manager is notified prior to an inspection notice, the stipulated damages would be reduced to $10 00 Such damages would be deducted from the next monthly billing 1 2 STIPULATED DAMAGES EXAMPLES Example Number One Calculated monthly price = $8,000 00 Inspection report for June 8, 1999, shows trimming was missed or poorly done on College Avenue Frontage Road between Rutgers and Columbia The Contractor is given two (2) working days to properly perform the work If after this time (two working days), the work is still unsatisfactory, damages of 5% or $400 00 will be deducted from the next monthly invoice If the work is satisfactorily performed within the two-day period, no damages will be deducted from the monthly invoice for that period SA 7193 10 2 Example Number Two Inspection report of July 15, 1999, shows that on Mountain Avenue a drink cup was shredded by a mower and is now part of the landscape There is a sprinkler head in the 1000 block that is spraying water into traffic while operating The tree furthest west on the median in the 300 block has a gouge in the bark with red paint similar to the mower generally used by the Contractor on Mountain Avenue and there are mower tracks in the dirt at the base of the tree The Contractor is given two days to correct problems #1 and #2 However the tree damage is not repairable and damages of $25 are assessed and unrecoverable After two days an inspection shows that the drink cup fragments have been removed but the sprinkler head is still washing cars Damages of $425 00 will be deducted from the monthly billing If the Contractor notifies the City Representative, prior to the inspection report being faxed, about the tree damage, the damages assessed will only be $10 00 And the $400 00 would still be assessed for the sprinkler If none of the work is done than $825 00 will be assessed against the monthly billing Example Number Three On example number two the drink cup was removed and the sprinkler was still washing cars after two days The $400 00 damages are assessed An inspection report on the following week shows that the sprinkler is still washing cars and now there is a brown spot developing in front of the sprinkler in the turf The Contractor is given two working days to correct the problem A follow-up inspection shows the sprinkler has been adjusted but the brown spot remains No damages are assessed even though the brown spot remains If the problem is not corrected damages of an additional $800 00 is assessed against the monthly billing 1 3 NONRECOVERY OF STIPULATED DAMAGES BY CONTRACTOR 1 Money withheld as stipulated damages from any monthly payment due the Contractor will be considered a forfeiture on the part of the Contractor and not recoverable 2 The intent of this contract is to provide a well maintained landscaped with regard to the specifications Adherence to the specifications will make it unnecessary to invoke damages SA 7/93 11 EXHIBIT B INSURANCE REQUIREMENTS 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 Irfe 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 $500,000 combined single limits for bodily injury and property damage In the event any work is performed by a subcontractor, the Service Provider shall be responsible for any liability directly or indirectly arising out of the work performed under this Agreement by a subcontractor, which liability is not covered by the subcontractor's insurance SA 7/93 12 0401R1®e CERTIFIC OF INSURANCE A vu 04 4/02/98/02/98) PRODUCER THIS CERTIFICATE U ISSUED AS A MATTER OF INFORMATION Flood & Peterson Ins Inc ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE P. O. SOX S7$ HOLDER THIS CERTIFICATE DOES NOT AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW 4687 W. 18th Street COMPANIES AFFORDING COVERAGE Greeley, CO 80632 COMPANY AContinental Western INSURED Korby's Sod Service COMPANY BBUSINESS INSURANCE COMPANY Steve and April Korby DBA P O Box 989 COMPANY C Wellington, CO 80549 COMPANY 1 0 COVERAGES THIS IS TO CERTIFY THAT 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 DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POUCIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS CO I TYPE OF INSURANCE LTR POLICY NUMBER POLICY EFFECTIVE DATE(MM/DD/YY) POLICY EXPIRATION1 LIMITS DATE(MM/DO/YY) i A I GENERAL LIABILITY H739920 04/28/98 04/28/99 IGENERALAGGRED TE 32 OOO 000 IOMMERCIAL GENERAL LIABILITYPRODUCTS-COMPIOP Ili CLAIMS MADE FR71 OCCUR AG 352 OOO 000 PERSONAL B ADV INJURY $1 000 OOO IO WNER S B CONTRACTOR SPROT INNS CURRENCE $1 000000 FIRE DAMAGE (Anyone fire) 3250 000 MED EXP (Anyone parson) $5 000 A AUTOMOBILELIABILITY iANYAUTO H739921 04/28/98 04/28/99 COMBINED SINGLE LIMIT $1, 000, 000 X BODILY INJURY (Per Person) 3 ALL OWNED AUTOS SCHEDULED AUTOS HIRED AUTOS NON -OWNED AUTOS C D CO) BODILY INJURY BODILYINJ (Par accident) S PROPERTY DAMAGE 3 i GARAGE LIABILITY AUTO ONLY -EA ACCIDENT $ OTHER THAN AUTO ONLY ANYAUTO EACH ACCIDENT IS AGGREGATE IS EXCESS LIABILITY EACH OCCURRENCE IS UMBRELLA FORM AGGREGATE IS OTHER THAN UMBRELLA FORM IS B WORKERS COMPENSATION AND W974139968 04/28/98 04/28/99 STATUTORY LIMITS EMPLOYERS' LIABILITY EACH ACCIDENT 1$100,000 DISEASE -POLICY LIMIT 3500 000 THE PROPRIETOR/ INCL PARTNERS/EXECUTIVE OFFICERSARE EXCL DISEASE -EACH EMPLOYEE $100 1 000 OTHER DESCRIPTION OF OPERATIONS/LOCATIONS/VEHICLES/SPECIAL ITEMS CERTIFICATE HOLDER CANCELLATION SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE City Of Ft. Collins EXPIRATION DATE THEREOF, THE ISSUING COMPANY WILL ENDEAVOR TO MAIL 256 W. Mountain 1_ DAYS WRITTEN NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE LEFT, BOX 580 BUT FAILURE TO MAIL SUCH NOTICE SHALL IMPOSE NO OBLIGATION OR LIABILITY Fort Collins, CO 80521 OF A IND UPON HE COM NY AG NTS REPRESENTATIVES UTHORI2E EPR ESENTATIV `. ACORD 25• S(3/93)1 of 4MI05050 pR oACOR CORPORATION 1993 M C City: City of Fort Collins Purchasing PO Box 580 Fort Collins, CO 80521 Service Provider. Korby's Sod Service 6625 N County Rd 9 Wellington, CO 80549 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 7. Contract Sum The City shall pay the Service provider for the performance of this Contract, subject to additions and deletions provided herein, the sum of One Hundred, Thirty -Five Thousand, Nine Hundred, Forty -Six Dollars and Eighty -Four Cents ($135,946 84) for 1999 services, broken down as follows Bid Section A - $ 8,853 60 Bid Section B - $44,298 41 Bid Section C - $26,826 75 Bid Section D - $11,074 00 Bid Section E - $39,870 00 Bid Section F - $ 5,021 08 Any repair work or other additional work authorized by this agreement or by the City Representative shall be billed at a labor rate of $33 00 per hour 8. 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 9 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 10. 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 SA 7/93 2 .l F 11 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 12. 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 13. 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 14. 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 SA 7193 3 Ell 15. 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 16. 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 "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, 256 West Mountain Avenue, Fort Collins, Colorado 80521 one copy of a certificate evidencing the insurance coverage required from an insurance company acceptable to the City 17. 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 18. 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 SA 7/93 4 FIB THE CITY OF FORT COLLINS, COLORADO By -Qa— 't John Fischbach, City Manager By � � - C Ja s O'Neill II, CPPO Di or of Purchasing & Risk Management DATE � Y_� ATTEST =City Clerk APPROVED AS TO FORM Carrie Mineart-Daggett, Assistant City Attorney Steve Korby DBA KORBY'S SOD SERVICE By L U Date 3I2a.lM SA 7/93 Exhibit A, Scope of Work SPECIFICATIONS 10 GENERAL 11 SCOPE Complete landscape maintenance of designated areas as specified herein During and at the end of the maintenance period, all plant material shall be in a healthy, growing condition The Contractor shall provide all equipment, labor, and materials necessary for performing landscape maintenance and irrigation services according to the following specifications 1 2 TIME OF WORK The Contractor shall maintain all areas under this contract for an initial period ending December 31, 1999 At the option of the City the contract may be renewed for additional one-year periods, not to exceed four (4) additional periods Price changes must be negotiated with and agreed to by both parties 1 3 QUALITY OF WORK All work shall be performed in accordance with the best landscape maintenance practices and irrigation management practices 14 LOST AND FOUND ARTICLES The Contractor shall insure that all articles found by his employees while performing duties under this contract are turned in to the City Representative 15 CONTRACTOR RESPONSIBILITY FOR WORK The Contractor shall be responsible for all damages, losses or injuries that occur as a result of the fault or negligence of said Contractor or his employees in connection with the performance of this work 1 6 LOCAL OFFICE The Contractor shall maintain a local office capable of receiving messages and contacting a responsible representative of the contractor during normal working hours A local office is one that is a toll free call from Fort Collins Office must have a FAX machine capable of sending and receiving Contractor shall have a mobile phone for contact with the City Representative during normal working hours 17 PERSONNEL The Contractor shall furnish sufficient supervisory and working personnel capable of promptly accomplishing to the satisfaction of the City and on schedule all work required under this contract during regular and prescribed hours The Contractor and his employees shall conduct themselves in a proper and efficient manner at all times They shall cause the least possible annoyance to the public SA 7/93 The City may require the Contractor to remove from the work site any employee(s) deemed careless, incompetent, or otherwise objectionable, whose continued employment on the job is considered to be contrary to the best interests of the City The Contractor shall have competent supervisors, who may be working supervisors, on the job at all times work is being performed, who are capable of discussing matters pertaining to this contract with a City Representative Adequate and competent supervision shall provide for all work done by the contractor's employees to ensure accomplishment of high quality work, which will be acceptable to the City Representative Each Contractor crew shall have at least one English-speaking member of the crew able to translate directions to the remaining crewmembers 1 8 COMPANY IDENTIFICATION The employees shall wear clothing that identifies them as employees of the Contractor's company at all times they are working under this contract Company vehicles shall have a company -identifying marker prominently displayed 19 SUBCONTRACTORS All persons engaged in the work will be considered employees of the Contractor The Contractor shall be held directly responsible for the work of all employees 1 10 REPAIRS TO EXISTING FACILITIES All portions of existing structures, facilities, or equipment including irrigation systems, which are damaged or altered in any way, as a result of the Contractor's performance shall be repaired or replaced to a like new condition The Contractor shall perform all work of this kind at no cost to the City Repairs shall be made on the day of damage or alteration, unless otherwise directed by the City 111 VANDALISM Existing structures, facilities, or equipment (including irrigation systems) which are damaged or altered in any way, including acts of God, vandalism, vehicular damage, theft, or other mysterious damages that are not a result of the Contractor shall be repaired at City expense by the Contractor on a time and materials basis This does not include any irrigation riser and nipples that shall be repaired as routine maintenance The Contractor shall submit a weekly report of any damages that will be billed to the City 1 12 SAFETY REQUIREMENTS All work performed under this contract shall be in such a manner as to provide maximum safety to the public and where applicable comply with all safety standards required by OSHA The City's Representative reserves the right to stop the Contractor or his crews when unsafe or harmful acts are observed or reported relative to the performance of work under this contract SA 7/93 1 13 HAZARDOUS CONDITIONS The City will not be responsible for hazards created by the negligence or omissions of the Contractor The Contractor is responsible for reporting any observed potential hazards to the Parks Division at 221-6660 Contractor must cease operations in any work area where such hazards are a threat to people or property 1 14 TRAFFIC CONTROL The Contractor shall conduct the work at all times in a manner that will not interfere with normal pedestrian traffic on adjacent sidewalks Interference with vehicular traffic shall be in accordance with the City's traffic control policies and regulations 1 15 MAINTENANCE PERFORMANCE INSPECTIONS The City will inspect all areas under this contract for adherence to the specifications Any deficiencies or deviations in the work will be submitted to the Contractor for immediate correction See Contractor Work Ratings 1 16 PAYMENT PROCESS The total bid will be divided by the number of months in the contract Monthly billing will then be based on the contract amount divided by the total number of months The Contractor will be paid monthly for work performed satisfactorily under this contract Within the first five days of the month, the contractor shall submit a detailed report of maintenance performed in the prior month The report shall include (but not limited to) the following information number of complete mowings, number of complete irrigation inspections, schedule changes, major work to be performed in the coming month, and any other pertinent information The use of pesticides or fertilizations shall be noted as to date, time, area and what material was used This report shall be accompanied by a billing in accordance with the contract price for the work performed and shall become the basis for payment The City may withhold payment to such extent as may be necessary to protect the City from loss due to work required in the specifications which is defective, inadequate, incomplete or not performed 1 17 SCHEDULING OF WORK The Contractor shall accomplish all normal landscape maintenance required under this contract between the hours of 7 00 a m and 6 00 p m , Monday through Saturday No maintenance functions that generate excessive noise shall be performed before 8 00 a m in residential areas (i e mowing) The Contractor shall establish a schedule of routine work to be followed in the performance of this contract A copy of this schedule shall be provided to the City at the pre -work meeting and updated with the monthly submittal 20 IRRIGATION 21 GENERAL Irrigation shall be accomplished by the use of automatic sprinkler systems SA 7/93 22 TIME OF OPERATION The automatic sprinkler systems shall operate between the hours of 11 00 p m and 6 00 a m only System checks may be run during the day and time shall be kept to a minimum No make up watering will be allowed during the day Newly planted sod or seed may be watered up to twice during the day, but only with irrigation zones needed 23 WATER APPLICATION RATES Turf shall be irrigated to maintain horticulturally acceptable growth and color while encouraging deep rooting Trees and shrubs shall be watered to prevent wilting and color loss Water shall be applied so that runoff is avoided and applied to match the needs of the turf, tree or shrub bed being irrigated Daily watering shall be avoided with every third day irrigation recommended Turf that shows signs of drought stress (foot printing), wilting or browning shall receive immediate attention Any loss of turf shall require resodding at the Contractor's expense The Contractor shall submit a scheduling report with scheduling criteria and each controller's operating schedule Water use on turf areas shall be monitored and excessive water use shall be at the Contractor's expense This shall be determined by the following formula Number of inches applied=U= Gallons/325892/acreage x 12 Number of ET inches=E=Total ET for period at Collindale weather station adjusted for crop coefficient Number of Rain inches=R=rainfall at Collindale /4 Uniformity coefficient =C= 0 75 U < (E-R) / C = Required Irrigation If the use is 5% more than the required irrigation, the Contractor shall reimburse the City for excessive water cost The percentage of excessive water over the needed water will be the percentage figure used to determine amount of charges when multiplied by the water bill All means should be used to be equal to or less than the formulated amount 24 TREE AND SHRUB BED IRRIGATION Trees shall be watered so that they receive 40 gallons of water a week during May, June, July, August and the first two weeks of September Shrubs shall receive 5 gallons of water per week during the same time frame Schedules may need to be adjusted at the request of the Forestry Division Mature areas that have irrigation systems may not have this requirement, at the discretion of the City Representative 25 WATER CONSERVATION AND RESTRICTIONS Watering schedules must meet restrictions set forth by the City of Fort Collins Utilities Any fines or penalties due to failure to follow watering restrictions will be the responsibility of the Contractor SA 7/93 4