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HomeMy WebLinkAboutVARIOUS VENDORS - CONTRACT - BID - 5485 WEED CUTTING & RUBBISH REMOVAL ANNUALSERVICES 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 Brian Fuller Doing Business As Fuller Landscaping, hereinafter referred to as "Service Provider". WITNESSETH: In consideration of the mutual covenants and obligations herein expressed, it is agreed by and between the parties hereto as follows: 1. Scope of Services. The Service Provider agrees to provide services in accordance with the scope of services attached hereto as Exhibit "A", consisting of three (3) pages referring to Section 2, Heavy Rubbish Removal, Section 3, Weed Mowing and Rubbish Removal, and Section 4, Road Shoulder Mowing, and incorporated herein by this reference. 2. Time for Completion of Services. The services described herein shall be completed by the Contractor within five (5) days of receiving notification to proceed. 3. Contract Period. This Agreement shall commence May 16, 2000, and shall continue in full force and effect until May 15, 2001, 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 shall be provided to the Service Provider and mailed no later than ninety (90) 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 SA 10/97 1 YEAR 2000 COMPLIANCE CERTIFICATION AND INDEMNITY Section 1. Contractor hereby certifies that all information resources or systems to be provided or used in connection with the performance of this Agreement are "Year 2000 Compliant", except as otherwise expressly described in Section 2, below. "Year 2000 Compliant" shall mean that information resources meet the following criteria: a. Data structures (e.g., databases, data files) provide 4-digit date century recognition. For example, "1996" provides date century recognition; "96" does not. b. Stored data contains date century recognition, including (but not limited to) data stored in databases and hardware/device internal system dates. C. Calculations and programs logic accommodate both same century and multi - century formulas and date values. Calculations and logic include (but are not limited to) sort algorithms, calendar generation, event recognition, and all processing actions that use or produce date values. d. Interfaces (to and from other systems or organizations) prevent non -compliant dates and data from entering any state system. e. User interfaces (i.e., screens; reports; etc.) accurately show 4 digit years. f. Year 2000 is correctly treated as a leap year within all calculation and calendar logic. Section 2. Contractor agrees to notify the City immediately of any information resources or systems that are not Year 2000 Compliant upon encountering the same in connection with the performance of the Agreement, including without limitation any information resources or systems in use by Contractor in the performance of the Agreement or information resources or systems of the City regarding which Contractor obtains information in the course of its performance of the Agreement. Section 3. Contractor agrees to permit examination, by the City or agents thereof, of any and all information resources and systems in use in connection with this Agreement, and related Year 2000 Compliance implementation plans, in order to evaluate Year 2000 Compliance and potential implications of the same for the City and for performance of the Agreement. Section 4. The Contractor shall indemnify and hold harmless the City, and its officers, agents and employees, from and against all claims, damages, losses, and expenses, including attorneys fees, arising out of or resulting from the Contractor's information resources or systems that are not Year 2000 Compliant SA 10/97 1 APR-24-00 0S;11 FROM:POUDRE VALLEY 'BANK ID:S702237438 ../-fyyl�L ��•• � • • •vim • • � v• i��r\LJ�F�I � � ��\V Vl\r1�y �►` •••••�••••"••••,• 04/24/2000 >RODUCER (970)ZZ3-0924 ( )223-7435 ICAT91" 3 WA MATrER"OFTNFIIRADCIION Community First Insurance Agencies, Inc. ONLY AND CONFERS NO:,IGHTSUPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AMEND, EXTEND OR 107S W Horsetooth Rd, Ste 100 ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW, Fort Collins, CO 80526 INSURERS AFFORDING COVERAGE 'navnor FU I I er Lanascapi ng INSURERA; CGU 1414 Blue Spruce, Unit D INSURERS: Pinnacol Assurance Fort Collins, CO $0524 INSURERC_ INSURER D: I INSURER E THE POLICIES OF INSUMMCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED- NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OFANY CONTRACT OR OTHER DOCUMENT WITH RESPECTTO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS. EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. AGGREGATE LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. LTR TYPE OF INSURANCE POLICY NUMBER DATE ( DAB WDD/yy) LIMITS GENERAL LIABILITY KZ-106949/00 04/24/2000 04/24/2001 EACH occuRRENcE $ SO0100 X COMMERCIAL GENERAL LMBIf.TTY CLAIMS MADE X❑ OCCUR FIRE DAMAGE (Any one fire) $ 100.000 MED EXP (Any one perswe) $ S , 00 A PERSONAL & ADV INJURY $ 500,000 GENERAL AGGREGATE $ 1,000 00 GENL AGGREGATE LIMIT APPLIES PER: POLICY jECT- LOC PRODUCTS -CAMP/OP AGG S 1,000,000 AUTOMOBILE UA81UTY ANY AUTO COMBINED SINGLE LIMIT (EH 8�ent) $ ALL OWNED AUTOS SCHEDULEDAUTOS BODILY INJURY (P�I'-oI Pe) $ HIRED AUTOS NON -OWNED AUTOS BODILY INIURY (PerewdeAq b PROPERTY DAMAGE (PeraCd4eM) S GARAGE LIASRITY AUTO ONLY- FA ACCIDENT S ANY AUTO OTHER THAN EA ACC S AUTO ONLY: AGG $ EXCESS LIABILITY OCCUR ❑ CLAIMS MADE EACH OCCURRENCE $ AGGREGATE S S DEDUCTIBLE $ RETENTION S $ WORIMRS COMPENSATION AND EMPLOYERS' LIA91Ur! 4023696 09/18/1999 10/01/2000 - X roRY LIMITS ER - E.L. EACH ACCIDENT S 100'Ooo E,L. DISEASE. EA EMPLOYEE $ 100,000 E.L. DISEASE -POLICY LIMIT $ 500 00 OT DESCRIPTION OF OPERATIONS(LOCATONSNEMCLE$IEICCL SADDED BY ENDORSBMfi ONS r=D�=o AYc U^I nce I I City of Fort Collins Purchasing Department 256 W. Mountain Ave. P.O. Box 580 Fort Collins, CO 80522-0580 FAX: (970)221-6707 S"JLDANY OF TIA ABOVE DESCRIBED POLICIES BE CANCMAID BEFORE THE EXPIRATION DATE THEREOF. THE ISSUING COMPANY WILL ENDEAVOR TO MAIL 10 DAYS WRITTEN NOTICE TO" CERTIFICATE HOLDER NAMED TO THE LEFT, BUT FAILURE TO MAIL SUCH NOTICE SHALL IMPOSE NO OBLIGATION OR LIABILITY OF ANY NND UPON THE COMPANY, ITS AGENT$ OR REPRESENTAyAW, 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. 5. 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: City: Service Provider: City of Fort Collins, Purchasing Fuller Landscaping 256 W. Mountain Ave. 1414 Blue Spruce Unit D Ft. Collins, CO 80521 Ft. 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. 6. Payments. The City agrees to pay and the Contractor agrees to accept as full payment for all work done and all materials furnished and for all costs and expenses incurred in the performance of the work under the notification in accordance with the prices stated within the Bid Schedule Proposal Form, attached hereto as Exhibit C and by this reference made a part hereof. 7. 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. SA 10/97 8. 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. 9. Personal Services. It is understood that the City enters into the Agreement based on the special abilities of the Service Provider and that this Agreement shall be considered as an agreement for personal services. Accordingly, the Service Provider shall neither assign any responsibilities nor delegate any duties arising under the Agreement without the prior written consent of the City. 10. Acceptance Not Waiver. The City's approval or acceptance of, or payment for any of the services shall not be construed to operate as a waiver of any rights or benefits provided to the City under this Agreement or cause of action arising out of performance of this Agreement. 11. Warranty. (a) Service Provider warrants that all work performed hereunder shall be performed with the highest degree of competence and care in accordance with accepted standards for 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. SA 10/97 3 12. Default. Each and every term and condition hereof shall be deemed to be a material element of this Agreement. In the event either party should fail or refuse to perform according to the terms of this agreement, such party may be declared in default thereof. 13. Remedies. In the event a party has been declared in default, such defaulting party shall be allowed a period of ten (10) days within which to cure said default. In the event the default remains uncorrected, the party declaring default may elect to (a) terminate the Agreement and seek damages; (b) treat the Agreement as continuing and require specific performance; or (c) avail himself of any other remedy at law or equity. If the non -defaulting party commences legal or equitable actions against the defaulting party, the defaulting party shall be liable to the non - defaulting party for the non -defaulting party's reasonable attorney fees and costs incurred because of the default. 14. Binding Effect. This writing, together with the exhibits hereto, constitutes the entire agreement between the parties and shall be binding upon said parties, their officers, employees, agents and assigns and shall inure to the benefit of the respective survivors, heirs, personal representatives, successors and assigns of said parties. 15. Indemnity/Insurance. a. The Service Provider agrees to indemnify and save harmless the City, its officers, agents and employees against and from any and all actions, suits, claims, demands or liability of any character whatsoever brought or asserted for injuries to or death of any person or persons, or damages to property arising out of, result from or occurring in connection with the performance of any service hereunder. b. The Service Provider shall take all necessary precautions in performing the work hereunder to prevent injury to persons and property. c. Without limiting any of the Service Provider's obligations hereunder, the Service Provider SA 10/97 4 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. 16. Entire Aareement. This Agreement, along with all Exhibits and other documents incorporated herein, shall constitute the entire Agreement of the parties. Covenants or representations not contained in this Agreement shall not be binding on the parties. 17. Law/Severability_ The laws of the State of Colorado shall govern the construction interpretation, execution and enforcement of this Agreement. In the event any provision of this Agreement shall be held invalid or unenforceable by any court of competent jurisdiction, such holding shall not invalidate or render unenforceable any other provision of this Agreement. CITY OF FORT COLLINS, COLORADO a municipal corporation �n By: (10 t, '- awl JoHA F. Fischbach ity Manager By: ATTEST. Ja es B O'Neill II, CPPO Dir ct of Purchasing and Risk Management �,s _ City Clerk Date: —�- Brian Fuller Doing Business As Fuller Landscaping By: `Sg/-tN -Y .� C C w:ve^ i2 ) 13(?/4vU K PUL(r2 �Owvs°2) PRINT NAME SA 10/97 5 EXHIBIT A HEAVY RUBBISH REMOVAL BID SECTION 2 Minimum equipment required: Check (J) equipment you have ✓/ fork or bucket loader tractor with sufficient capacity, defined as the industry standard for the P.T.O. horse power / needed for the loader, to perform the work. 5 yard minimum capacity dump truck EQUIPMENT YEAR MODEL CU. YDS. HP $/HR. BOX/BUCKET K�boTfl �6 CY2©c� z YS yS,00 Fog b 93 F-35 6c "A 50.00 Combined minimum price for fork/bucket loader and tractor ......... $ yS per hour. Minimum price for dump truck: ................................................ $ 5 0 per hour. FIRM NAME FUL L E12 C,4wc( Sc AP Iwo 013A Are you a Corporation, Partnership, DBA, LLC, or PC SIGNATURE k�- FlN1ER LANDSCAPING ADDRESS AIAMam&-,...,,,_...._ PHONE/FAX# S9 3 - L/262- E t EXHIBIT A WEED MOWING AND RUBBISH REMOVAL BID SECTION 3 The minimum equipment required is:,please check () equipment you have five-foot rotary or sickle mower tractor with sufficient capacity, defined as the industry standard for the P.T.O. horse power needed for the make and model of mower; hand tools high back pickup truck hand operated weed cutter three-foot walk behind mower. List a three-foot walk behind grooming mower, if available. Equipment Year Model HP Width $/Hr. 7_ R 6 72-. &F` rS, vo BvSli Hop ?o_ SZZO w I '/U.oO AAoTA 9(0 Joh.v Df�2£ 8% f' ©►2 b 93 Lgzoo 1(5' F3S0 NA wo}IKr-le, 37 GHS -2o ,S-rt f4L 901 F58s 2Scc Combined minimum price for tractor and mower: FIRM NAME r '!S, 00 (o ` 6/1no So, 00 yz " S y " K0.00 is" Z5, 00 $L 60 per hour. EXHIBIT A Road Shoulder Mowing Bid Sec. 4 Approximately 100 lane miles of road shoulders to be mowed, three or more times a summer, depending upon climate conditions. From past experience a mile to a mile and a half can be mowed in an hour. Includes weed whipping around poles, signs, etc. Must avoid mowing major arterials during rush hour, from 7-9am, and 4-6pm. Major arterials are streets like Prospect, Drake, Lemay, Timberline, Horsetooth, Taft, Shields, etc. This restriction does not apply to weekends. Minimum equipment required: please (4 ) check equipment you have tV 'mower capable of mowing road shoulders ractor with sufficient capacity, defined as the industry standard for the P.T.O. horse power needed /for the make and model of the mower. 7' mower with a T wing is desirable, and will be given preference on the wider stretches of road /'houlder. ✓ hand operated power weed cutter. Safely Equipment: The tractor must be equipped with safety placards: "Caution", etc., and working flashers as well as reflectors. The mower must be equipped safety guards or chain guards to prevent rocks and debris from flying out from under the mower. Personnel working on or near the road including the road shoulder or right-of-way must wear a reflective safety vest at all times. Tractor\Whip Year Model Width Width $/Hr. �171h1d kK / �aF' /5,00 KWoo -t 9(0 L q2o o yS. oo 6v5h Hog 90 sz Z 0 F WOWr� ,7oG,w n£F1er- 810 gg3O (120 tip) 60. oc, 5q"iHL 9`% F585 18`l �5.00 Combined minimum price for tractor and mower: $ (o o per hour. Minimum price for weed whip: $ z S per hour. FIRM NAME Fv[,L EA�!- e-A A 0 / d"8 7' 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. 2. Insurance coverages shall be as follows: A. Workers' Compensation & Employer's Liability. The Service Provider shall maintain during the life of this Agreement for all of the Service Provider's employees engaged in work performed under this agreement: 1. Workers' Compensation insurance with statutory limits as required by Colorado law. 2. Employer's Liability insurance with limits of $100,000 per accident, $500,000 disease aggregate, and $100,000 disease each employee. B. Commercial General & Vehicle Liability. The Service Provider shall maintain during the life of this Agreement such commercial general liability and automobile liability insurance as will provide coverage for damage claims of personal injury, including accidental death, as well as for claims for property damage, which may arise directly or indirectly from the performance of work under this Agreement. Coverage for property damage shall be on a "broad form" basis. The amount of insurance for each coverage, Commercial General and Vehicle, shall not be less than $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 10/97 6