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HomeMy WebLinkAbout360806 ARROWHEAD TRAILS INC - CONTRACT - CONTRACT - 5506031SERVICES AGREEMENT THIS AGREEMENT made and entered into the day and yearsetforth below by and between THE CITY OF FORT COLLINS, COLORADO, a Municipal Corporation, hereinafter referred to as the "City" and Mill Brothers Landscape & Nursery Inc., hereinafter referred to as "Service Provider". W ITNESSETH: 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 one (1) page, and incorporated herein by this reference. 2. Time of Commencement and Completion of Services The services to be performed pursuant to this Agreement shall be initiated on September 1, 2005. Services shall be completed no later than September 30, 2005. Time is of the essence. Any extensions of the time limit set forth above must be agreed upon in a writing signed by the parties. 5. Delay. If either party is prevented in whole or in part from performing its obligations by unforeseeable causes beyond its reasonable control and without 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 January 2005 City: Service Provider: City of Ft. Collins Mill Brothers Landscape & Nursery Inc. PO 580 6121 E. Harmony Rd. Ft. Collins, CO 80522 Ft. Collins, CO 80528 Purchasing 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 Forty Three Thousand Five Hundred Thirty Seven Dollars ($43,537). 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. 11. Acceptance Not Waiver. The City's approval or acceptance of, or payment for any of SA January 2005 2 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. 15. Binding Effect. This writing, together with the exhibits hereto, constitutes the entire SA January 2005 3 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) pages, attached hereto and incorporated herein by this reference. The Service Provider before commencing services hereunder, shall deliver to the City's Director of Purchasing and Risk Management, P. O. Box 580 Fort Collins, Colorado 80522 one copy of a certificate evidencing the insurance coverage required from an insurance company acceptable to the City. 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 January 2005 rd CITY OF FORT COLLINS, COLORADO a municipal corporation By: Jam . O'Neill II, CPPO, FNIGP Dire t of Purchasing and Risk Management Date: Mill Brothers andscape & Nurse By: evrh w- /�l�l PRINT NAME � ORPORATE PRESIDENT OR VICE PRESIDENT fTYT. (Corporate Sea]) C RPORATE SECRETARY SA January 2005 5 Exhibit "A' Scope of Services: Mill Brothers Landscape & Nursery Inc. Work preformed by Mill Brothers for the 1.45 acre mini -park will include the design of an irrigation layout, installation of that layout, and installation of an existing landscape design. The irrigation work will include the design, relocation of 200' of a 4" mainline, installation of a new 2" gate valve to the existing Waterglen Subdivision irrigation system, all electrical components, as well as all time and materials for installation. Landscape items are to include fine grading, soil preparation for the 1 .45 acres which will be composted manure, plant material, crusher fine path, placement of three boulders, and seeding. From date of commencement work will be completed within 30 calendar days. SA January 2005 6 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 January 2005 7 Date: 911105 01:54 PM Sender's Fax ID: 970-229-1398 Page 2 of 3 ACORD CERTIFICATE OF LIABILITY INSURANCE OP ID N DATE (MI MILLS-2 09 O1 05 PRODUCER THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE LBN Insurance Agency-£C HOLDER. THIS CERTIFICATE DOES NOT AMEND, EXTEND OR 1614 Oakridge Drive, Unit A ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. Fort Collins CO 80525 Phone:970-229-9304 Fax:970-229-1398 INSURERS AFFORDING COVERAGE NAIC4 INSURED INSURER A. bountaSn Stl tas Inse,rinee 4tp INSURER D. Pinnacol Assurance Mill Bros. Landscaping & Nursery, Inc. 6121 E. Harmony Road Fort Collins CO 80528 NsuRFRc NSURERo INSURER E. COVERAGES THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY f ERIOD 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 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 INSRE TYPE OF INSURANCE POLICY NUMBER DATE (MMIDDIYY) DATE (MM/DDM') LIMITS GENERAL LIABILITY CACI I OCCURRCNCE s 1,000,000 A X X COMMFRCIAI GFNFRAI IIARIIITY CPPOO82875 07/01/05 07/01/06 PREMISES Eaoccuronce) $ 100,000 CLAIMS MADE 50 OCCUR MED EAP (Any one person) $ 10,000 PERSONAL & ADV INJURY $ 1 , 000 , 000 X Blanket Add' 1 Ins X Blanket Waiver GENERAL AGGREGATE s2,000,000 GEN'L AGGREGATE LIMIT APPLIES PER PRODUCTS - COMP(OP AGG $ 2,000,000 POLICY FX7 JET LOC A AUTOMOBILE LIABILITY ANY AUTO SAP0082875 07/01/05 07/01/06 COMBINED SINGLE LIMIT (Ea occitlen[) $ 1,000,000 X BODILY INJURY (Pei Pernnrl) $ ALL OWNED AUTOS S r,HFDl II Fn AI ITOS X BUUILV INJURY (Por accidonL) $ HIRED AUTOS NON OWNED AUTOS X PROPERTY DAMAGE (Hel"i)e0ldenl) y GARAGE LIABILITY AIUI ONLY - EA ACCIDENT OTHER THAN LAACC AUTO ONLY'. ACC $ ANY AU $ EXCESSNMBRELLA LIABILITY EACI I OCCURRENCE $ 2 , 000 , 000 A X OCCIIR F-1CIAIMSMAi UME0082875 07/01/OS 07/01/06 AG('.PFGATF $2,000,000 $ $ nFDI ICTIRI F $ RETENTION $ WORKERS COMPENSATION AND X TORV LIMITS ER B EMPLOYERETOR/LIABILITY ANY PROPRIETOR/PART 3037054 07/01/1 07/01/06 E.L. EACH ACCIDENT $ 500, 000 t.L. UIStASt- tAtMPLUYtt $ 5OO , OOO UDED?ECUTIVE OFFIOER/MEMBER EXCLUDED? If yes, describe under SPECIAL PROVISIONS below E.L. DISEASE - POLICY LIMIT $ 500 , 000 OTHER A Installation Float CPP00082875 07/01/05 07/01/06 Limit $500,000 Ded. $500 DESCRIPTION OF OPERATIONS I LOCATIONS I VEHICLES I EXCLUSIONS ADDED BY ENDORSEMENT I SPECIAL PROVISIONS The City, its officers, agents and employees shall be named as additional insureds with respects to the general liability. CERTIFICATE HOLDER CANCELLATION CITYFT1 SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, THE ISSUING INSURER WILL ENDEAVOR TO MAIL 10 DAYS WRITTEN NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE LEFT, BUT FAILURE TO DO SO SHALL City of Fort Collins IMPOSE NO OBLIGATION OR LIABILITY OF ANY KIND UPON THE INSURER, ITS AGENTS OR 281 North College REPRESENTATIVES. A D EPRESE �I Fort Collins, CO 80524 ACORD 25 (2001108) © ACORD CORPORATION 1988 Received Sep-01-2005 01:10pm From-970-229-1398 To -MILL BROTHERS LANOSC Page 002 Date: 9f1105 01:54 PM Sender's Fax ID: 970-229-1398 Page 3 of 3 IMPORTANT If the certificate holder is an ADDITIONAL INSURED, the policy(ies) must be endorsed. A statement on this certificate does not confer rights to the certificate Holder in lieu of such endoisernent(s). If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). DISCLAIMER The Certificate of Insurance on the reverse side of this form does not constitute a contract between the issuing insurer(s), authorized representative or producer, and the certificate holder, not does it affirmatively or negatively amend, extend or alter the coverage afforded by the policies listed thereon. Received Sea-01-2005 01:10om From-9TO-229-1398 To -MILL BROTHERS LANDSC Page 003