Loading...
HomeMy WebLinkAboutBID - 6127 STREETSCAPE MAINTENANCE SERVICES (3)Rev 10/20/07 INVITATION TO BID 6127 Streetscape Maintenance Services BID OPENING:3:00 P.M. (our clock), December 12, 2008 The City Of Fort Collins is requesting bids for annual mowing, trimming, irrigation repair, weed control and other work as needed in City owned medians and streetscapes. Sealed bids will be received and publicly opened at the office of the Director of Purchasing and Risk Management, PO Box 580, 215 North Mason St., 2nd floor, Fort Collins, Colorado 80522, at the time and date noted on the bid proposal and/or contract documents. If delivered, they are to be sent to 215 North Mason Street, 2nd Floor, Fort Collins, Colorado 80524. If mailed, the address is P.O. Box 580, Fort Collins, 80522-0580. Bids must be received at the Purchasing Office prior to 3:00 p.m. (our clock), December 12,2008 Technical questions concerning the scope of the bid should be directed to Project Manager Steve Lukowski (970) 416-2063 or slukowski@fcgov.com. Questions regarding bid submittal or process should be directed to John Stephen, CPPO, Senior Buyer (970) 221-6777 or jstephen@fcgov.com. A pre-bid meeting is scheduled for 10:00 am December 2, 2008 at 215 N. Mason, Conference Room 2A, Fort Collins, CO. A copy of the Bid may be obtained as follows: 1. Download the Bid from the Purchasing Webpage, Current Bids page, at: http://fcgov.com/eprocurement 2. Come by Purchasing at 215 North Mason St., 2nd floor, Fort Collins, and request a copy of the Bid. Special Instructions All bids must be properly signed by an authorized representative of the company with the legal capacity to bind the company to the agreement. Bids may be withdrawn up to the date and hour set for closing. Once bids have been accepted by the City and closing has occurred, failure to enter into contract or honor the purchase order will be cause for removal of supplier's name from the City of Fort Collins' bidders list for a period of twelve months from the date of the opening. The City may also pursue any remedies available at law or in equity. Bid prices must be held firm for a period of forty-five (45) days after bid openings. Submission of a bid is deemed as acceptance of all terms, conditions and specifications contained in the City's specifications initially provided to the bidder. Any proposed modification must be accepted in writing by the City prior to award of the bid. Financial Services Purchasing Division 215 N. Mason St. 2nd Floor PO Box 580 Fort Collins, CO 80522 970.221.6775 970.221.6707 fcgov.com/purchasing Rev 10/20/07 Only bids properly received by the Purchasing Office will be accepted. All bids should be clearly identified by the bid number and bid name contained in the bid proposal. No proposal will be accepted from, or any purchase order awarded, to any person, firm or corporation in default on any obligation to the City. Bids must be furnished exclusive of any federal excise tax, wherever applicable. Bidders must be properly licensed and secure necessary permits wherever applicable. Bidders not responding to this bid will be removed from our automated vendor listing for the subject commodities. The City may elect where applicable, to award bids on an individual item/group basis or on a total bid basis, whichever is most beneficial to the City. The City reserves the right to accept or reject any and all bids, and to waive any irregularities or informalities. Sales prohibited/conflict of interest: no officer, employee, or member of City Council, shall have a financial interest in the sale to the City of any real or personal property, equipment, material, supplies or services where such officer or employee exercises directly or indirectly any decision- making authority concerning such sale or any supervisory authority over the services to be rendered. This rule also applies to subcontracts with the City. Soliciting or accepting any gift, gratuity, favor, entertainment, kickback or any items of monetary value from any person who has or is seeking to do business with the City of Fort Collins is prohibited. Freight terms: unless otherwise noted, all freight is F.O.B. Destination, Freight Prepaid. All freight charges must be included in prices submitted on proposal. Discounts: any discounts allowed for prompt payment, etc., must be reflected in bid figures and not entered as separate pricing on the proposal form. Purchasing restrictions: your authorized signature of this bid assures your firm's compliance with the City's purchasing restrictions. A copy of the resolutions is available for review in the Purchasing Office or the City Clerk's Office. Request Resolution 91-121 for cement restrictions. Collusive or sham bids: any bid deemed to be collusive or a sham bid will be rejected and reported to authorities as such. Your authorized signature of this bid assures that such bid is genuine and is not a collusive or sham bid. Bid results: for information regarding results for individual bids send a self-addressed, self- stamped envelope and a bid tally will be mailed to you. Bid results will be posted in our office 7 days after the bid opening. James B. O’Neill II, CPPO, FNIGP Director of Purchasing and Risk Management SA rev07/08 3 BID #6127 STREETSCAPE MAINTENANCE SERVICES BID OPENING: December 12, 2008, 3:00p.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, weed 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 Contract will be awarded on totals of Section A-F plus labor cost. Streetscape Maintenance Section A $_________________ Section B $_________________ Section C $_________________ Section D $_________________ Section E $_________________ Section F $_________________ 325 Man Hours x Labor Cost $_________________ Grand Total $_________________ Extra Labor Cost/Man Hour $_________________ FIRM NAME____________________________________________ Are you a Corporation, Partnership, DBA, LLC, or PC SIGNATURE________________________ Printed ____________________ ADDRESS______________________________________________ ______________________________________________ PHONE/FAX # __________________________________________ E-MAIL ______________________________________________ SA rev07/08 4 CONTRACTOR QUALIFICATIONS 1. GENERAL 1. The City of Fort Collins wishes to hire a professional and experienced Contractor. The following items must be submitted with the bid package and will be reviewed as an integral part of the selection process and will have a bearing on the award. 2. Bidders shall supply the following information: a. Company name, address, phone number, fax number. b. Principal owners names and addresses. c. Qualifications of owners, including experience (minimum of last five years with same company name), duties, certifications, schooling, and other pertinent data. d. Qualifications of crew chiefs with number of years experience, number of years of supervisory experience, training, certifications, and specialties. e. Qualifications of other permanent crew members. f. Staff size estimated for this contract and break out of crews. g. Current equipment list with age of equipment. A list of equipment to be purchased if awarded this contract. h. A list of five references of past work, one per year desirable over the last five years. List of similar work within last five years (municipal, county, work desirable). i. Draft a schedule (brief) for work to be done in the month of July 2009 under this contract. j. Other major work that is scheduled for Contractor for 2009. k. Other types of services that may be used for this project or other City work (explain). l. A short written description of the Contractor motivation for the project and what enhanced service the City would receive as a result of the contract being awarded to your firm. 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 SA rev07/08 5 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. 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 SA rev07/08 6 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 safety to the public and where applicable comply with 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 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. SA rev07/08 7 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. 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 SA rev07/08 8 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 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 SA rev07/08 9 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 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 ½” - 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: SA rev07/08 10 April #1 May #4 June #3 July #1 August #1 September #1 October #1 TOTAL #12 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 SA rev07/08 11 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. 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 SA rev07/08 12 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. 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 Degree of Penalty Maintenance Operations 1 5% of monthly billing 2 10% of monthly billing 3 15% of monthly billing 4 20% of monthly billing 5 or more 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, SA rev07/08 13 the penalty would be reduced to $10.00. Any penalties would be deducted from the next monthly billing. 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 SA rev07/08 14 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 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. SA rev07/08 15 MEDIANS/FRONTAGES/PARKWAYS SA rev07/08 16 SA rev07/08 17 SA rev07/08 18 SA rev07/08 19 SA rev07/08 20 SA rev07/08 21 SA rev07/08 22 SA rev07/08 23 SA rev07/08 24 SA rev07/08 25 SA rev07/08 26 SERVICES 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 , 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 pages and incorporated herein by this reference. 2. The Work Schedule. [Optional] The services to be performed pursuant to this Agreement shall be performed in accordance with the Work Schedule attached hereto as Exhibit "B", consisting of ____ (____) page[s], and incorporated herein by this reference. 3. Time of Commencement and Completion of Services. The services to be performed pursuant to this Agreement shall be initiated within ______________ (____) days following execution of this Agreement. Services shall be completed no later than _______________. 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. 4. Contract Period. [Option 1] This Agreement shall commence upon the date of execution shown on the signature page of this Agreement and shall continue in full force and effect for one (1) year, unless sooner terminated as herein provided. In addition, at the option of the City, the Agreement may be extended for an additional period of one (1) year at the rates provided with written notice to the Professional mailed no later than ninety (90) days prior to contract end. SA rev07/08 27 4. Contract Period. [Option 2] This Agreement shall commence ________, 200_, and shall continue in full force and effect until ________, 200_, 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 ___ (_) 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. 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. [Early Termination clause here as an option. 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: City: City of Fort Collins Attn: Purchasing PO Box 580 Fort Collins, CO 80522 Copy to: City of Fort Collins Attn: PO Box 580 Fort Collins, CO 80522 Service Provider: In the event of early termination by the City, the Service Provider shall be paid for services SA rev07/08 28 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, per the attached Exhibit "A", consisting of pages, and incorporated herein by this reference. 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 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 SA rev07/08 29 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 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. SA rev07/08 30 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, 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. 19. 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: SA rev07/08 31 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: 1. 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. f. If Service Provider violates any provision of this Agreement pertaining to the SA rev07/08 32 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. 20. Special Provisions. [Optional] Special provisions or conditions relating to the services to be performed pursuant to this Agreement are set forth in Exhibit "", consisting of () pages, attached hereto and incorporated herein by this reference. CITY OF FORT COLLINS, COLORADO a municipal corporation By:_______________________________ James B. O'Neill II, CPPO, FNIGP Director of Purchasing and Risk Management Date:_____________________________ ATTEST: _________________________________ City Clerk APPROVED AS TO FORM: ________________________________ Assistant City Attorney By:_______________________________ __________________________________ PRINT NAME __________________________________ CORPORATE PRESIDENT OR VICE PRESIDENT Date:_____________________________ ATTEST: (Corporate Seal) _____________________________ SA rev07/08 33 CORPORATE SECRETARY 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: 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.