HomeMy WebLinkAboutBID - 7016 PRAIRIE DOG FUMIGATIONC'}\/OT
City
Financial Services
Purchasing Division
215 N. Mason St. 2ntl Floor
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PO Box 580
Fort Collins, CO 80522
P u rch a s i n g
970.221.6775
970.221.6707
fcgov.com/Purchasing
INVITATION TO BID
7016 Prairie Dog Fumigation
BID OPENING: 3:00 P.M. (our clock), February 18, 2009
The City of Fort Collins is requesting bids from contractors for Prairie Dog Fumigation.
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�roposal and/or contract documents. If delivered, they are to be sent
to 215 North Mason Street, 2" 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), February 18,
2009.
Questions concerning the scope of the bid should be directed to Project Manager Jennifer
Shanahan, Environmental Planner (970)221-6281 or email at jshanahan@fcgov.com.
Questions regarding bid submittal or process should be directed to John D. Stephen, CPPO, Senior
Buyer, (970) 221-6777 or e-mail at jstephen@fcgov.com.
A copy of the Bid may be obtained as follows:
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 Bids may be withdrawn up to the date and hour set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.
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.
where renewal is a way of life
defaulting party for the non -defaulting party's reasonable attorney fees and costs incurred because
of the default.
17. 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
representative, successors and assigns of said parties.
18. 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 "D", consisting of
( ) page[s], 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.
19. 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.
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20. Law/Severability. This Agreement shall be governed in all respect by the laws of the
State of Colorado. 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.
21. Prohibition Against Employinq Illegal Aliens. Pursuantto 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:
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
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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.
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.
22. 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
) page[s], attached hereto and incorporated herein by this reference.
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CITY OF FORT COLLINS, COLORADO
a municipal corporation
By:
James B. O'Neill II, CPPO
Director of Purchasing and Risk Management
Date:
ATTEST:
City Clerk
APPROVED AS TO FORM:
Assistant City Attorney
[INSERT CORPORATIONS NAME] or
[Insert Partnership name] or
[Insert individual's name]
Doing business as [Insert name of business]
By:
Print Name
Title
Corporate President or Vice President
Date:
ATTEST
Corporate Secretary
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(Corporate Seal)
EXHIBIT "A"
WORK ORDER FORM
PURSUANT TO AN AGREEMENT BETWEEN
THE CITY OF FORT COLLINS
AND
DATED:
Work Order Number:
Purchase Order Number:
Project Title:
Commencement Date:
Completion Date:
Maximum Fee: (time and reimbursable direct costs):
Project Description:
Scope of Services:
Professional agrees to perform the services
identified above and on the attached forms in
accordance with the terms and conditions
contained herein and in the Professional
Services Agreement between the parties. In
the event of a conflict between or ambiguity in
the terms of the Professional Services
Agreement and this work order (including the
attached forms) the Professional Services
Agreement shall control.
Professional
By:
Date:
User Acceptance
The attached forms consisting of U
pages are hereby accepted and incorporated
herein, by this reference, and Notice to
Proceed is hereby given.
City of Fort Collins
In
Date:
By:
Director of Purchasing and Risk Management
(over $60,000.00)
Date:
. EXHIBIT B
INSURANCE REQUIREMENTS
1. The Service Provider will provide, from insurance companies acceptable to the City, the
insurance coverage designated hereinafter and pay all costs. Before commencing work under this
bid, the Service Provider shall furnish the City with certificates of insurance showing the type,
amount, class of operations covered, effective dates and date of expiration of policies, and
containing substantially the following statement:
"The insurance evidenced by this Certificate will not be cancelled or materially altered, except after
ten (10) days written notice has been received by the City of Fort Collins."
In case of the breach of any provision of the Insurance Requirements, the City, at its option, may
take out and maintain, at the expense of the Service Provider, such insurance as the City may deem
proper and may deduct the cost of such insurance from any monies which may be due or become
due the Service Provider under this Agreement. The City, its officers, agents and employees shall
be named as additional insureds on the Service Provider's general liability and automobile liability
insurance policies for any claims arising out of work performed under this Agreement.
2. Insurance coverages shall be as follows:
A. Workers' Compensation & Employer's Liability. The Service Provider shall
maintain during the life of this Agreement for all of the Service Provider's employees
engaged in work performed under this agreement:
Workers' Compensation insurance with statutory limits as required by
Colorado law.
2. Employer's Liability insurance with limits of $100,000 per accident,
$500,000 disease aggregate, and $100,000 disease each employee.
B. Commercial General & Vehicle Liability. The Service Provider shall maintain
during the life of this Agreement such commercial general liability and automobile
liability insurance as will provide coverage for damage claims of personal injury,
including accidental death, as well as for claims for property damage, which may
arise directly or indirectly from the performance of work under this Agreement.
Coverage for property damage shall be on a "broad form" basis. The amount of
insurance for each coverage, Commercial General and Vehicle, shall not be less
than $500,000 combined single limits for bodily injury and property damage.
In the event any work is performed by a subcontractor, the Service Provider shall be responsible for
any liability directly or indirectly arising out of the work performed under this Agreement by a
subcontractor, which liability is not covered by the subcontractor's insurance.
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 acceptor 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
BID PROPOSAL
7016 PRAIRIE DOG FUMIGATION
BID OPENING: FEBRUARY 18, 2009, 3:OOP.m., (our clock)
WE HEREBY ENTER OUR BID FOR THE CITY OF FORT COLLINS REQUIREMENTS FOR PRAIRIE
DOG FUMIGATION PER THE BID INVITATION AND ANY REFERENCED SPECIFICATIONS
The City of Fort Collins is requesting bids from contractors for Prairie Dog Fumigation. This will be a
one year contract with the option to renew for another 4 years. The successful bidder must enter into
the attached services agreement (sample) and supply proof of insurance "Exhibit B" as requested.
Qualifications
• Company must have been in business for 3 years or more.
• Company must include in the bid 3 references for doing like work from preferably government
agencies.
• Business must have at least one staff member, who will always be on site during fumigation
and who is certified to apply phostoxin in compliance with all state license requirements.
Please provide copies of certifications with bid.
• Certified personnel who will lead crews must have 3 or more years experience (since
certification) applying phostoxin in prairie dog burrows.
• Personnel must always be professionally dressed and be prepared to respond to inquiries from
members of the public in an educated, polite professional manner regarding the work being
done. City has the right to approve personnel.
Bid Schedule
Cost per burrow for small job*
Each $
Cost per burrow for large job** Each $
Mobilization Charge***
Each $.
* When treating under 5 acres on one site (Natural Area) and includes mobilization within 5 mile
radius of Ft Collins City limits.
** When treating over 5 or more acres on one site and includes mobilization within 5 mile radius of Ft
Collins City limits.
***Mobilization charge will be allowed only for potential work 5 -25 miles from the city limits.
Firm Name
(Are you a corporation, DBA, Partnership, LLC, PC)
Signature:
Printed Name:
Title:
Address:
Phone/Fax:
E-Mail Address:
Back Ground
The City of Fort Collins Natural Areas program owns more than 30,000 acres of property in Larimer
County. The mission of the Natural Areas Program is;
To protect and enhance lands with existing or potential natural areas values, lands that serve as
community separators, agricultural lands and lands with scenic values. Protection of natural habitats
and features is highest priority while providing for education and passive recreation for the Fort Collins
community.
A significant portion of this property is suitable habitat for the black -tailed prairie dog, Cynomus
ludivicianus. Natural Areas properties typically support between 700 and 1700 acres of prairie dogs.
Program goals include both promoting prairie dog populations in some areas and conversely, reducing
population on unsuitable locations. Asa result, the program has the need to apply lethal control (using
the preferred application of phostoxin) on an annual basis.
Scope of Work
The contractor will be applying phostoxin pellets to prairie dog colonies on lands owned by the Natural
Areas program. The work may occur throughout the year, with the exclusion of the pup season (spring
months). The majority of the work will likely occur in cooler months of fall and winter. The amount of
work in any season will vary and may be fairly small scale (10 to 20 acres) to much larger (200 acres).
The contractor will be expected to follow up on each assignment within two weeks of the initial
application and reapply the phostoxin to burrows that remain active.
The selected contractor will be able to initiate the work for a specific work order within 15 calendar
days. If the contractor is unable to do this, the City retains the right to use another provider for that job.
SERVICES AGREEMENT
WORK ORDER TYPE
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 I hereinafter referred to as "Service Provider".
W ITNESSETH:
In consideration of the mutual covenants and obligations herein expressed, it is agreed by and
between the parties hereto as follows:
1. Services to be Performed.
a. This Agreement shall constitute the basic agreement between the parties for services
for . The conditions set forth herein shall apply to all services performed by the Service
Provider on behalf of the City and particularly described in Work Orders agreed upon in writing by
the parties from time to time. Such Work Orders, a sample of which is attached hereto as Exhibit
"A",consisting of ( )page(s) and incorporated herein by this reference, shall
include a description of the services to be performed, the location and time for performance, the
amount of payment, any materials to be supplied by the City and any other special circumstances
relating to the performance of services. No work order shall exceed $ . The only services
authorized under this agreement are those which are performed after receipt of such Work Order,
except in emergency circumstances where oral work requests may be issued. Oral requests for
emergency actions will be confirmed by issuance of a written Work Order within two (2) working
days.
b. The City may, at any time during the term of a particular Work Order and without
invalidating the Agreement, make changes within the general, scope of the particular services
assigned and the Service Provider agrees to perform such changed services.
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2. Changes in the Work. The City reserves the right to independently bid any services
rather than issuing work to the Service Provider pursuant to this Agreement. Nothing within this
Agreement shall obligate the City to have any particular service performed by the Service Provider.
3. Time of Commencement and Completion of Services. The services to be performed
pursuant to this Agreement shall be initiated as specified by each written Work Order or oral
emergency service request. Oral emergency service requests will be acted upon without waiting for
a written Work Order. Time is of the essence.
4. Contract Period {Option 11 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 90 days prior to contract end.
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 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 is 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.
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6. Early Termination by City/Notices. 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 mailed 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 address:
City Service Provider
City of Fort Collins
Attn:
PO Box 580
Fort Collins, CO 80522
In the event of early termination by the City, the Service Provider shall be paid for services rendered
to the termination date, 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. This is an open-end indefinite quantity Agreement with no fixed price.
The actual amount of work to be performed will be stated on the individual Work Orders. The City
makes no guarantee as to the number of Work Orders that may be issued or the actual amount of
services which will in fact be requested.
8. Payments.
a. The City agrees to pay and the Service Provider agrees to accept as full payment for
all work done and all materials furnished and for all costs and expenses incurred in performance of
the work the sums set forth for the hourly labor rate and material costs, with markups, stated within
the Bid Schedule Proposal Form, attached hereto as Exhibit "B", consisting of two (2) page[s], and
incorporated herein by this reference.
b. Payment shall be made by the City only upon acceptance of the work by the City and
upon the Service Provider furnishing satisfactory evidence of payment of all wages, taxes, supplies
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and materials, and other costs incurred in connection with the performance of such work.
9. Liquidated Damages. OWNER and CONTRCTOR recognize that time is of the
essence of this Agreement and that OWNER will suffer financial loss if the Work is not completed
within the times specified in the work order, plus any extensions thereof allowed in accordance with
Article 12 of the General conditions. They also recognize the delays, expenses and difficulties
involved in proving in a legal proceeding the actual loss suffered by OWNER if the Work is not
completed on time. Accordingly instead of requiring any such proof, OWNER and CONTRACTOR
agree that as liquidated damages for delay (but not as penalty) CONTRACTOR shall pay OWNER
the amount set forth in each Work Order.
10. City Representative. The City's representative will be shown on the specific Work
Order and shall make, within the scope of his or her authority, all necessary and proper decisions
with reference to the work requested. All requests concerning this Agreement shall be directed to
the City Representative.
11. Independent Contractor. It is agreed that in the performance of any services
hereunder, the Service Provider is an independent contractor responsible to the City only as to the
results to be obtained in the particular work assignment and to the extend that the work shall be
done in accordance with the terms, plans and specifications furnished by the City.
12. 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.
13. 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 under the Agreement or of
any cause of action arising out of the performance of this Agreement.
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14. Warranty.
a. Service Provider warrants that all work performed hereunder shall be performed with
the highest degree of competence and care in accordance with accepted standards for work of a
similar nature.
b. Unless otherwise provided in the Agreement, all materials and equipment
incorporated into any work shall be new and, where not specified, of the most suitable grade of
their respective kinds for their intended use, and all workmanship shall be acceptable to City.
C. Service Provider warrants all equipment, materials, labor and other work, provided
under this Agreement, except City -furnished materials, equipment and labor, against defects
and nonconformances in design, materials and workmanship/workwomanship for a period
beginning with the start of the work and ending twelve (12) months from and after final
acceptance under the Agreement, regardless whether the same were furnished or performed by
Service Provider or by any of its subcontractors of any tier. Upon receipt of written notice from
City of any such defect or nonconformances, the affected item or part thereof shall be
redesigned, repaired or replaced by Service Provider in a manner and at a time acceptable to
City.
15. Default. Each and every term and condition hereof shall be deemed to be a material
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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.
16. 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-
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