HomeMy WebLinkAbout279796 COCAL LANDSCAPE - CONTRACT - BID - 6127 STREETSCAPE MAINTENANCE SERVICESSERVICES 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 CoCal Landscape Services, Inc., 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 twenty four (24) pages and
incorporated herein by this reference.
2. Contract Period. This Agreement shall commence January 1, 2009, and shall
continue in full force and effect until December 21, 2009, unless sooner terminated as herein
provided. In addition, at the option of the City, the Agreement may be extended for additional one
year periods not to exceed four (4) additional one year periods. Renewals and pricing changes shall
be negotiated by and agreed to by both parties. The Denver Boulder Greeley CPIU published by the
Colorado State Planning and Budget Office will be used as a guide. Written notice of renewal shall
be provided to the Service Provider and mailed no later than ninety (90) days prior to contract end.
3. 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.
4. Early Termination by City/Notice. Notwithstanding the time periods contained herein,
the City may terminate this Agreement at any time without cause by providing written notice of
termination to the Service Provider. Such notice shall be delivered at least fifteen (15) days prior to
the termination date contained in said notice unless otherwise agreed in writing by the parties. All
notices provided under this Agreement shall be effective when mailed, postage prepaid and sent to
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2.2 TIME OF OPERATION
The automatic sprinkler systems shall operate between the hours of 10:00
p.m. and 7:00 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. During periods of drought, predetermined city schedules may
take precedence.
2.3 WATER APPLICATION RATES
The programming of all irrigation controllers shall be scheduled by a Certified
Irrigation Technician with one or more of the following certifications:
"Associated Landscape Contractors of Colorado" CLT-Irrigation, "Irrigation
Association", Landscape Water Auditor, or "Irrigation Association" Certified
Irrigation Designer. The irrigation controllers shall be adjusted monthly to
meet monthly ETs (evaporation transpiration) averages.
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, every third day irrigation is
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 as determined
by the Project Manager shall be at the Contractor's expense.
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 Project Manager.
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. This is even more
important in times of drought.
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
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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 Project
Manager.
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. Making
all routine arc adjustments for part circle heads to promote
optimum coverage.
2. Check controller programming and rescheduling as needed
(refer to 2.3 water application rates).
3. Repairing/replacing all broken risers and nipples. This applies to
all risers and nipples regardless of reason for failure.
4. Replacing batteries in controllers each spring and as needed.
Any replacement equipment or parts must be of the same brand, model
number, nozzle size and new unless authorized by the Project Manager. 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 make repairs immediately. For onetime repairs that
exceed $200.00, the Contractor shall notify the Project Coordinator 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 contractor price. City may
request invoices from supply house to verify contractor pricing.
2.9 SPRINKLER SYSTEM SPRING ENERGIZATION
The Project Manager will schedule water turn -on through the Water Utility.
Contractor is not to turn any curb stop or street 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.
2.10 SPRINKLER SYSTEM WINTERIZATION
The Project Manager will schedule water turn-off through the Water Utility.
The Contractor shall turn off the sprinkler system at the meter. Air shall be
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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. It is
recommended that air pressure does not exceed normal irrigation system
operation pressures. 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). Do not wrap backflow devices with insulation.
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 %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.
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 12 mowings scheduled approximately as follows:
April #1
May #4
June #3
July #1
August #1
September #1
October #1
TOTAL #12
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4.0 EDGING AND TRIMMING
4.1 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.
4.2 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 a penalty assessed by the Project Manager. The
use of herbicides (i.e. Roundup) 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. The Project Manager will discuss the resulting penalties with the
Contractor.
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 due to heavy clumps they shall be removed to an
approved site, preferably for mulching. However, it is recommended that
grass catchers not be used as it causes loss of turf nutrients.
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 (2-4 D) and or pre -emergent. The use of any restricted herbicides
or soil sterilant is prohibited. 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 flags shall be picked up three working days after
the herbicide application. Observation of the effectiveness of the herbicide
shall be monitored at this time. 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.
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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.
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.
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. Leaves must be removed from all shrub beds and areas where leaves collect
on both medians and parkways.
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8.5 TREE SUCKER GROWTH
Suckers shall be removed from trees as they appear. Clipping them off shall
be the preferred method or as 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
The City shall do all tree pruning. The Project Manager shall request any
trees that need to be pruned for safety of Contractor personnel through the
City Forestry Division. Contractor will request all tree pruning through the
Project Manager.
WORK EVALUATION STANDARDS
1.0 WORK RATING
The quality of work and performance are important to the City and reflect on the
City and Contractor. To establish compliance with the specifications found in
Exhibit A, the following penalties shall be used in case of insufficient performance
by the Contractor. The Project Manager shall rate the quality and performance.
1.1 PENALTIES
A penalty 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 penalty:
Number of Deficient
Maintenance Operations
1
2
3
4
5 or more
Degree of Penalty
5% of monthly billing
10% of monthly billing
15% of monthly billing
20% of monthly billing
25% of monthly billing
At the point of more than five (5) 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 were notified prior to an inspection
notice, the penalty would be reduced to $10.00. Any penalties would be
deducted from the next monthly billing.
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1.2 PENALTY EXAMPLES
1. Example Number One
Calculated monthly price = $8,000.00
Inspection report for June 8, 2004, 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, a penalty 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
penalty will be deducted from the monthly invoice for that period.
2. Example Number Two
Inspection report of July 15, 2004 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 a penalty of $25 is
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.
A penalty of $425.00 will be deducted from the monthly billing.
If the Contractor notifies the Project Coordinator, prior to the
inspection report being faxed, about the tree damage the penalty will
only be $10.00. And the $400.00 would still be assessed for the
sprinkler.
If none of the work is done then $825.00 will be assessed against the
monthly billing.
3. Example Number Three
In example number two the drink cup was removed and the sprinkler
was still washing cars after two days. The $400.00 penalty is
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.
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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 penalty is assessed even though the brown
spot remains. If the problem is not corrected a penalty of an
additional $800.00 is assessed against the monthly billing.
1.3 NONRECOVERY OF PENALTY BY CONTRACTOR
1 . Money withheld as a penalty 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 penalties.
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the following addresses:
City: Copy to: Service Provider:
City of Fort Collins City of Fort Collins- CoCal Landscape Services, Inc.
Attn: Purchasing Attn: Steve Lukowski Attn: Carlos Medrano, LLT
PO Box 580 PO Box 580 110 East 1 s' Street
Fort Collins, CO 80522 Fort Collins, CO 80522 Loveland, CO 80537
In the event of early termination by the City, the Service Provider shall be paid for services rendered
to the date of termination, subject only to the satisfactory performance of the Service Provider's
obligations under this Agreement. Such payment shall be the Service Provider's sole right and
remedy for such termination.
5. Contract Sum. The City shall pay the Service provider for the performance of this
Contract, subject to additions and deletions provided herein, per the attached Exhibit "B", consisting
of one (1) pages, and incorporated herein by this reference.
6. City Representative. The City will designate, prior to commencement of the work, its
representative who shall make, within the scope of his or her authority, all necessary and proper
decisions with reference to the services provided under this agreement. All requests concerning this
agreement shall be directed to the City Representative.
7. Independent Service provider. The services to be performed by Service Provider are
those of an independent service provider and not of an employee of the City of Fort Collins. The
City shall not be responsible for withholding any portion of Service Provider's compensation
hereunder for the payment of FICA, Workmen's Compensation or other taxes or benefits or for any
other purpose.
8. . Personal Services. It is understood that the City enters into the Agreement based on
the special abilities of the Service Provider and that this Agreement shall be considered as an
agreement for personal services. Accordingly, the Service Provider shall neither assign any
responsibilities nor delegate any duties arising under the Agreement without the prior written
consent of the City.
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EXHIBIT B
FEE SCHEDULE
BID #6127
STREETSCAPE MAINTENANCE SERVICES
BID OPENING: December 12, 2008, 100p.m., (our clock)
WE HEREBY ENTER OUR BID FOR THE CITY OF FORT COLLINS REQUIREMENTS
FOR STREETSCAPE MAINTENANCE SERVICES PER THE BID INVITATION AND
ANY REFERENCED SPECIFICATIONS:
The City Of Fort Collins is requesting bids for annual mowing, trimming, irrigation repair,
wood control and other work as needed in City owned medians and streetscapes. This
is a one year agreement and 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.
BID SCHEDULE ADDENDUM 1
Contract will be awarded on totals of Section A-F plus irrigation and labor cost.
Streetscape Maintenance
Section A
Section B
Section C
Section D
Section E
Section F
Irrigation Technician 200 Man Hours x Labor Cost
Labor 150 Man Hours x Labor Cost
Grand Total
Extra Irrigation Technician Cost/Man Hour $
__.. .
Extra tabor Cost/Man Hour $
FIRM NAME �,1�� L'i w.
Are you a Corporation, Partnership, DBA, L-C, or PC
/i '' U
-- ,w-
-- -- —__ Printed
SIGNATURE
ADDRESS�_�1.r
y z
PHONE/FAX #
'7u1 '1 `t
E-MAIL---
rev06/07
29
9. 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.
10. Warran
(a) Service Provider warrants that all work performed hereunder shall be
performed with the highest degree of competence and care in accordance
with accepted standards for work of a similar nature.
(b) Unless otherwise provided in the Agreement, all materials and equipment
incorporated into any work shall be new and, where not specified, of the most
suitable grade of their respective kinds for their intended use, and all
workmanship shall be acceptable to City.
(c) Service Provider warrants all equipment, materials, labor and other work,
provided under this Agreement, except City -furnished materials, equipment
and labor, against defects and nonconformances in design, materials and
workmanship/workwomanship for a period beginning with the start of the
work and ending twelve (12) months from and after final acceptance under
the Agreement, regardless whether the same were furnished or performed by
Service Provider or by any of its subcontractors of any tier. Upon receipt of
written notice from City of any such defect or nonconformances, the affected
item or part thereof shall be redesigned, repaired or replaced by Service
Provider in a manner and at a time acceptable to City.
11. Default. Each and every term and condition hereof shall be deemed to be a material
element of this Agreement. In the event either party should fail or refuse to perform according to the
terms of this agreement, such party may be declared in default thereof.
12. Remedies. In the event a party has been declared in default, such defaulting party
shall be allowed a period of ten (10) days within which to cure said default. In the event the default
remains uncorrected, the party declaring default may elect to (a) terminate the Agreement and seek
damages; (b) treat the Agreement as continuing and require specific performance; or (c) avail
himself of any other remedy at law or equity. If the non -defaulting party commences legal or
equitable actions against the defaulting party, the defaulting party shall be liable to the non -
defaulting party for the non -defaulting parry's reasonable attorney fees and costs incurred because
of the default.
3
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EXHIBIT C
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.
rev06/07
30
Client#: 3b/26
�JCLAN3
ACi_L13D. CERTIFICATE OF LIABILITY
INSURANCE
DATE 12/24/08 Dm1
PRODUCER
THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION
Van Gilder Insurance Corp.
700 Broadway, Suite 1000
Y
ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE
HOLDER. THIS CERTIFICATE DOES NOT AMEND, EXTEND OR
ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW.
Denver, CO 80203
303 837-8500
INSURERS AFFORDING COVERAGE
INSURED
INSURER A: Zurich American Insurance Company
CoCal Landscape Services, Inc.
CoCal Landscape Construction Co.
12570 E. 39th Ave.
Denver, CO 80239
INSURER a Everest National Insurance Company
IN3URCRC. Federal Inc Company
-'—
M9TRER D
-- :.__._._..._—___
INSURRERER L'
COVERAGES
THE POLICIES OF INSURANCE LISTED DELOW 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 POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONCH BONS OF SUCH
POLICIES. AGGREGATE LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS.
INSR POLICY EFFECTIVE POLICY EXPIRATION----
LTR TYPE OF INSURANCE POLICY NUMBER _DATE (AMIDD DATEMMIOD LIMITS
A
GENERAL LIABILITY
GLO831168904
03/01/08
03101/09
EACH OCCURRENCE
$1000000
X COMMERCIAL GENERAL LIABILITY
FIRE DAMAGE (Anyonanro)
$100000
CLAIMS MADE OCCUR
S1QOD0
MED EXP(Any ono prson)
$1 000,000
PERSONAL S ADV INJURY
$2,000,000
GENFRAIAGGREGATE
s2000000
GENT AGGREGATELIMITAPPLICS PER:
PRODUCTS-COMP/OPAGG
POLICY X RR0 X LOG
___
A
AUTOMOBILE
X
LIABILITY
ANY AUTO
BAP831169004
03/01/08
03/01109
COMBINED SINGLE LIMIT
(Ea amdant)
$1,000,000
BODILY INJURY
(Pel person)
$
ALL OWNED AUTOS
SCHEDULED AUTOS
_
BODILY INJURY
(Por nccidenp
$
_X _
X
HIRED AUTOS
NON -OWNED AUTOS
PROPERTY DAMAGE
(Per asLidenp
$
GARAGE LIABILITY
AUTO ONLY - CA ACCIDENT
$
UIHGRTHAEA ACC
$
ANY AUTO
$
AUTO ONLY:: AGG
B
EXC68S
LIABILITY
_.
71CO000025081
03/01/08
03/01109
EACH OCCURRENCE
S5 000,000
AGOREGAT
X-1
OCCUR I I CLAIMS MALTS
$6,000,000
5
_
5
H
X1Denurrinl
RLTLN11ON $10 000
S
A
WORKERS COMPENUATION AND
EMPLOV[RS' LIABILITY
WC831160804
03/01/08
03101109
/( WC STA,U- OIH.
TO LIMITS ER
E.L. EACH ACCIDENT
_
$1,000,000
E.L. DISEASE - EA EMPLOYEE
S1,000000 __
E.L. DISEASE-POLICYLIMIT
$1,000,000
C
OTHER Leased/
06635655
03/01/08
03/01/09
$125,000 Limit
ented/Borrowed
$1,000 Deductible
ui ment
DESCRIPTION OF OPERATIONSILOCATIONSNEHICLES/EXCLUSIONS ADDED BY ENDORSEMENT/SPECIAL PROVISIONS
If required by written contract or written agreement, the City of Ft. Collins, its
officers and employees are included as Additional Insured for ongoing operations under
General Liability. *Except 10 days notice for non-payment of premium.
City of Ft. Collins
City's Director of Purchasing s Risk Mgmt
P.O. Box 580
Fort Collins, CO 00522
ANYOFTHEABOVE
CANCELLED
THEREOF, THE ISSUING INSURER WILL ENDEAVOR TOMAIL'-30—DAYSWRITTEN
£ TOTHE CERTIFICATE HOLDER NAMED TOTHE LEFT, BUTFAILURE TO DO SOSH ALL
SE NOOBLIGATION OR LIAOILITY OF ANY KIND UPON THE INSURERJTS AGENTS OR
AIJji10RIZCT - -0 REPRE
ACORD 25S (7/97)1 of 2 #3556432/M525017 KLT 0 ACOKU GUKFUKAI[ON 111015
IMPORTANT
Fthis
holder is an ADDITIONAL INSURED, the policy(ies) must be endorsed. A statement
te does not confer rights to the certificate holderin lieu of such endorsement(s).
N IS WAIVED, subject to the terms and conditions of the policy, certain policies may
orsement. A statement on this certificate does not confer rights to the certificate
oerin 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, nor does it
affirmatively or negatively amend, extend or alter the coverage afforded by the policies listed thereon.
ACORD25-S(7197)2 of 2 #S556432/M525017
13. Binding Effect. This writing, together with the exhibits hereto, constitutes the entire
agreement between the parties and shall be binding upon said parties, their officers, employees,
agents and assigns and shall inure to the benefit of the respective survivors, heirs, personal
representatives, successors and assigns of said parties.
14. Indemnity/Insurance.
a. The Service Provider agrees to indemnify and save harmless the City, its officers,
agents and employees against and from any and all actions, suits, claims, demands or
liability of any character whatsoever brought or asserted for injuries to or death of any person
or persons, or damages to property arising out of, result from or occurring in connection with
the performance of any service hereunder.
b. The Service Provider shall take all necessary precautions in performing the work
hereunder to prevent injury to persons and property.
c. Without limiting any of the Service Provider's obligations hereunder, the Service
Provider shall provide and maintain insurance coverage naming the City as an additional
insured under this Agreement of the type and with the limits specified within Exhibit B,
consisting of one (1) page, attached hereto and incorporated herein by this reference. The
Service Provider before commencing services hereunder, shall deliver to the City's Director
of Purchasing and Risk Management, P. O. Box 580 Fort Collins, Colorado 80522 one copy
of a certificate evidencing the insurance coverage required from an insurance company
acceptable to the City.
15. Entire Agreement. This Agreement, along with all Exhibits and other documents
incorporated herein, shall constitute the entire Agreement of the parties. Covenants or
representations not contained in this Agreement shall not be binding on the parties.
16. Law/Severability. The laws of the State of Colorado shall govern the construction
interpretation, execution and enforcement of this Agreement. In the event any provision of this
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.
4
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17. Prohibition Against Employing Illegal Aliens. Pursuant to Section 8-17.5-101,
C.R.S., et. seq., Service Provider represents and agrees that:
a. As of the date of this Agreement:
1. Service Provider does not knowingly employ or contract with an illegal
alien who will perform work under this Agreement; and
2. Service Provider will participate in either the e-Verify program created in
Public Law 208, 104th Congress, as amended, and expanded in Public Law 156,
108th Congress, as amended, administered by the United States Department of
Homeland Security (the "e-Verify Program") or the Department Program (the
"Department Program"), an employment verification program established
pursuant to Section 8-17.5-102(5)(c) C.R.S. in order to confirm the employment
eligibility of all newly hired employees to perform work under this Agreement.
b. Service Provider shall not knowingly employ or contract with an illegal alien to
perform work under this Agreement or knowingly enter into a contract with a
subcontractor that knowingly employs or contracts with an illegal alien to perform work
under this Agreement.
C. Service Provider is prohibited from using the e-Verify Program or Department
Program procedures to undertake pre -employment screening of job applicants while this
Agreement is being performed.
d. If Service Provider obtains actual knowledge that a subcontractor performing
work under this Agreement knowingly employs or contracts with an illegal alien, Service
Provider shall:
Notify such subcontractor and the City within three days that Service
Provider has actual knowledge that the subcontractor is employing or contracting
with an illegal alien; and
2. Terminate the subcontract with the subcontractor if within three days of
receiving the notice required pursuant to this section the subcontractor does not
cease employing or contracting with the illegal alien; except that Service Provider
shall not terminate the contract with the subcontractor if during such three days
the subcontractor provides information to establish that the subcontractor has not
knowingly employed or contracted with an illegal alien.
e. Service Provider shall comply with any reasonable request by the Colorado
Department of Labor and Employment (the "Department") made in the course of an
investigation that the Department undertakes or is undertaking pursuant to the authority
established in Subsection 8-17.5-102 (5), C.R.S.
5
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If Service Provider violates any provision of this Agreement pertaining to the
duties imposed by Subsection 8-17.5-102, C.R.S. the City may terminate this Agreement.
If this Agreement is so terminated, Service Provider shall be liable for actual and
consequential damages to the City arising out of Service Provider's violation of
Subsection 8-17.5-102, C.R.S.
g. The City will notify the Office of the Secretary of State if Service Provider violates
this provision of this Agreement and the City terminates the Agreement for such breach.
CITY OF FORT COLLINS, COLORADO
a. municipal corporation
By: v
Jam B. 'Neill II, CPPO, FNIGP
Dire for f Purchasing and Risk Management
Date:
CoCal Landscape Services, Inc.
By:
=�*Y11
PRI TTAME
CORPORATE FrRESIDENT OR VICE PRESIDENT
_ Date: 01%„Ensrl,,,��.,
A,TJ- _ (Corpo�. o��ATF••��F
CORPORATE SECRETARY
d 44` wv
L 4� • 4 L L f. L u .. L1 i-M4�1.
EV
SA rev07/08
EXHIBIT A
SCOPE OF SERVICE
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 QUALITY OF WORK
All work shall be performed in accordance with the best landscape
maintenance practices and irrigation management practices as per ALCC Best
Management Practices and Green Co Best Management Practices.
1.3 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 Project Manager.
1.4 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.
1.5 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 Project Manager
during normal working hours.
1.6 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.
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.
7
SA rev07/08
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 the Project Manager.
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 Project Manager.
Each Contractor crew shall have at least one English-speaking crew chief
able to translate directions to the remaining crewmembers.
1.7 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.
1.8 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.
1.9 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 at no cost to the City shall perform all work of
this kind. Repairs shall be made on the day of damage or alteration, unless
otherwise directed by the City.
1.10 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.
1.11 SAFETY REQUIREMENTS
All work performed under this contract shall be in such a manner as to provide
maximum safetyto the public and where applicable complywith all safety standards
required by OSHA. The Project Manager 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.
1.12 HAZARDOUS CONDITIONS
The City will be responsible for all hazards in the contract areas that are not
a result of the Contractor's work. The City will not be responsible for
hazards created by the negligence or omissions of the Contractor. Any
hazardous condition noted by the Contractor, which is not a result of his
f3
SA rev07/08
work, shall be immediately reported to the Project Manager at 221-6365 or
the Parks Division at 221-6660.
1.13 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.
1.14 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 Work Evaluation Standards,
Exhibit B.
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 must also have the ability to respond to an urgent call within 45
minutes or less of receiving the call.
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.
9
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