HomeMy WebLinkAboutKORBYS SOD SERVICE - 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
2.6 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.
2.7 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.
2.8 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).
2.9 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 7/93
5
2.10 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 blow out may be
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.
3.0 MOWING
3.1 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 Y2" - 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.
3.2 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.
3.3 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
6
4.0 EDGING AND TRIMMING
4.1 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.
4.2 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.
4.3 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.
4.4 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).
5.0 CLIPPINGS REMOVAL
5.1 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.
5.2 REMOVAL
If clippings are picked up for removal they shall be removed to an approved site,
preferably for mulching.
SA 7/93
7
6.0 WEED CONTROL
6.1 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.
6.2 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.
7.0 OTHER TURF NEEDS
7.1 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 Project 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.
7.2 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 7/93
8
8.0 LITTER. TRASH, DEBRIS AND PRUNNING
8.1 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.
8.2 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.
8.3 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.
8.4 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.
8.5 TREE SUCKER GROWTH
Suckers should be clipped unless otherwise directed by Forestry Division
personnel.
8.6 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.
8.7 TREE PRUNNING
Contractor shall notify the City Representative of any trees that need to be
pruned for safety or any other reason.
9.0 HARD SURFACE CARE
9.1 WEED
Weeds shall be removed from all hard surfaces and margins on an as needed
basis. This shall be no less than once per month.
9.2 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
3
4
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.
3. 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
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:
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 7/93
12
i1/ 111t11. CERTiFtC"'E OF
INSURANCE
DATE(MM;°°;,,;
_ 04/02/98
PRODUCER
Flood & Peterson Ins. Inc.
P. O. BOX 578
4687 W. 18th Street
Greeley, CO 80632
THIS CERTIFICATE , , 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.
COMPANIES AFFORDING COVERAGE
COMPANY
AContinental Western
INSURED
Korby's Sod Service
Steve and April Korby DBA
COMPANY
BBUSINESS INSURANCE COMPANY
P 0 BOX 989
COMPANY
C
Wellington, CO 80549
COMPANY
D
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
LTR
TYPE OF INSURANCE
POLICYNUMBER
POLICY EFFECTIVE
DATE(MM/DD/YY)
POLICY EXPIRATION
DATE(MM/DD/YY)
LIMITS
A
GENERAL
LIABILITY
H739920
04/28/98
04/28/99
GENERAL AGGREGATE
s2,000,000
X
PRODUCTS-COMP/OPAGG
s2,000,000
MERCIAL GENERAL LIABILI
tCLAIMSMADE7xOCCUR
PERSONAL a ADV INJURY
$1 0 O O 0 0 0
EACH OCCURRENCE
$1 O O O 0 0 0
W NER'S & CONTRACTOR'S PROT
FIRE DAMAGE (Any one fire)
s2 5 O 0 0 0
ME EXP (Any one person)
$5 0 0 0
A
AUTOMOBILELIABILITY
H739921
04/28/98
04/28/99
ANY AUTO
COMBINED SINGLE LIMIT
31, GOO, OOO
X
BODILY INJURY
(Per person)
S
ALL OW NE D AUTOS
SCHEDULED AUTOS
HIgEO AUTOS
NON -OWNED AUTOS
O F
BODILY INJURY
(Per accldent)
$
PROPERTY DAMAGE
$
GARAGE LIABILITY
AUTO ONLY -EA ACCIDENT
S
OTHER THAN AUTO ONLY:
ANY AUTO
EACH ACCIDENT
S
AGGREGATE
S
EXCESS LIABILITY
EACH OCCURRENCE
S
AGGREGATE
S
UMBRELLAFORM
S
OTHER THAN UMBRELLA FORM
B
WORKERS COMPENSATION AND
EMPLOYERS' LIABILITY
W974139968
04/28/98
04/28/99
STATUTORY LIMITS
EACH ACCIDENT
$100000
THE PROPRIETOR/ INCL
PARTNERS/EXECUTIVE
DISEASE -POLICY LIMIT
$500 000
DISEASE -EACH EMPLOYEE
$100 000
OFFICERS ARE: EXCL
OTHER
DESCRIPTION OF OPERATIONS!LOCATIONS/VEHICLESISPECIAL ITEMS
CERTIFICATE HOLDER`i'ANCELLATION
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
3Q_ 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 INO UPON IIHE C M NY AG NTS ESENTATNES.
UTHORIZE ESENTATI
ACORD 25•S (3l93)j . Ct 1 #M busoO
ACOR CORPORATION4993
J
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
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 7/93
3
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
THE CITY OF FORT COLLINS, COLORADO
John Fisch ach, City Manager
By
Ja s . O'Neill II, CPPO
Di or of Purchasing & Risk Management
DATE: >5 Z
mulm - 1. OR
i
APPROVED AS TO FORM:
Carrie Mineart-Daggett, Assistant City Attorney
Steve Korby
DBA: KORBY'S SOD SERVICE
By: US L. hA
Date: 3 11111 S
SA 7/93
5
Exhibit A, Scope of Work
SPECIFICATIONS
1.0 GENERAL
1.1 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.
1.4 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.
1.5 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.
1.7 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.
1.9 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.
1.11 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
2
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.
2.0 IRRIGATION
2.1 GENERAL
Irrigation shall be accomplished by the use of automatic sprinkler systems.
SA 7/93
3
2.2 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.
2.3 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.
2.4 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.
2.5 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