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HomeMy WebLinkAboutEMPIRE LANDSCAPING - CONTRACT - RFP - 7017 Outdoor Teaching KitchenSERVICES 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 Empire Landscaping, hereinafter referred to as "Service Provider". WITNESSETH: I 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 twelve (12) pages and incorporated herein by this reference. 2. The Work Schedule. The services to be performed pursuant to this Agreement shall be performed in accordance with the Work Schedule attached hereto as Exhibit "B", consisting of one (1) page, and incorporated herein by this reference. 3. Time of Commencement and Completion of Services. Phase I services to be performed pursuant to this Agreement shall be initiated following execution of this Agreement. Services for Phase I shall be completed no later than June 30, 2009. Services for Phase II shall be performed upon notice to proceed and completed no later than December 31, 2009. Phase II shall be subject to sufficient funds being collected. If funds are not collected by December 31, 2009, City has the right to cancel this Agreement. 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. This Agreement shall commence upon signing and shall continue in full force and effect until December 31, 2009, unless sooner terminated as herein provided. 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 1 SA rev07/08 20300 County Road 17 Johnstown, CO 80534 970-587-8858 Fax 970-587-9773 Addresses of Completed Landscaping by Empire Landscaping We selected landscaping that are as near to your home as possible while allowing you to see landscaping that is comparable to your desired design and amenities. 8754 Longs Peak Cir. - the landscaping for this home was completed in Windsor, CO 80550 12/08. (Steeplechase) Water Valley Casita • there are two homes with 1890 Sea Drift in Water 1890 Seadrift Dr. Valley as the address. The home that we completed Windsor, CO 80550 the landscaping for is the one located on the west end of Water Valley. 8881 Longs Peak Circle Windsor, CO 80550 (Steeplechase) 4731 Sorrel Johnstown, CO 80534 (Thompson River Ranch) 4636 Sorrel Johnstown, CO 80534 (Thompson River Ranch) ,12742 County Road 54 Greeley, CO 80634 • the landscaping for this home was completed in 1/07. . the landscaping for this home was completed in 10/08. • the landscaping for this home was mostly completed as of 3/08. The concrete patio and lights were completed in 12/08. ; this property was completed 10/07. � � y�m�� P� i (J. r •; ti � � � �. Z-10LUMN AND CABINET FINISHING MATERIAL TEJAS TEXTURED STONE Ledge Stone Veneer Size: Heights of 1.5" to 5", lengths of 6.75" to 1.9" with an average thickness of 1.4" Ledge Stone veneer, dry stack — color'Windfern' Recommenrldtion. Windfern Ledgestone veneer, grouted. Grout color to be chosen by the Owner Calise Modular Cabinets and Bars: ® Cabinets are constructed of 22 gauge galvanized 60 steel framing. • Each Modular is covered with ready to finish'h" Permabase*. • Each Modular- cabinet is designed to fit the exact specifications of Calise's stainless steel grills and built-in components. • All Calise cabinets are installed 6" above the ground. ® Modbars are 18" deep and add a 13" hang -over counter top to any Mod giving room for seating and serving. • Modbar is constructed of 1 " galvanized tubular steel framing *Permabase is made from recycled Styrofoam and concrete. It is maid and mildew resistant, noncombustible, and built for outdoor use. CAUSE KITCHEN COMPONENTS Stainless Steel, Outdoor Rated OK3921 OK4000 Axi', 3r Ae',,,j� C4D4se9:X,,,r1W 914h o,"fot =,, k, 788 ­'_­ mfes of gal tkj fa0?4,es 16 & 18 �pg- 3(A 4ovy doy ixumj '-A, -Ki 11 C'xAtcfc" V11 1' fr'93 pofel lot 0,40 heat ph.*-,tem, 16 h'KA a rxOmf poyfiag onf"-„';&_-.J!: ""I rxc'ews dscol ofmal at *!DP cl the At 901CO-1 "X­J�""V reh'[M;e Pea' Sy-J-m oust is bO 1""z The kOcd satin porn and 'c U,-.,rKI tr."n 114t IrWiN ku (KktArJ sblnfeit feet temo%,ublo Vwr.VTg ',w ho; a owmmd back to asap 6A two fnttlqdi, QW I/P* w';A'g ?.�_l cQuk:'.j $yvt�l on" ba ql hyx� k"I fafltrj tw'no and are eqvppod m& w wmy fc!w4- d,maofs dj.,r 1'a oud iv gim wi" OWC1 OL' Cwftwo PArc bvw &".' 6-Amnw*A c6n:' to-6 we 0!i Calise Gourmet Grill — OK4060 (4811) Calise Gourmet Grill: • Lifetime warranty - Calise Gourmet Grills and Built -In Stainless Steel Components, including cooking grates, flavor grids, and patented Cross-T-Burner. All stainless steel components have a lifetime warranty against defects in workmanship and materials. • Made in the U.S.A. - Las Vegas, NV. (Lynx grills are manufactured in Japan, shipped to Los Angeles, CA, and distributed from there.) • One of the most efficient and clean burning grills ever tested by CSA International. • Vented grill cabinet • Larger grill size and higher BTU rating than the Lynx grill *The Calise Gourmet Series provides a savings of over $1,000 compared to the standard Lynx grill. Single High Temperature Side Burner — OKI.000HT/Dual Side Burner — OK1.000 Calise Single High Temperature Side Burner: • Delivers up to 55,000 BTUs of intense heat. (Compare to Lynx 15,000 BTUs side burner) • Propane only (Natural gas cannot generate enough gas to fuel the high heat burner.) • Features Hide -A -Lid technology allowing the lid to slide behind the burner freeing up valuable counter space when open. *The Calise Single High Temperature Side Burner will provide a $900 savings over the Lynx burner. Calise Dual Side Burners: • Two Starfire burners generate over 36,000 BTUs between the two of them. • Features Hide -A -Lid technology which allows the lid to slide behind the burner freeing up valuable counter space when open. Calise Large lee Chest — OKICE-L Calise Large Insulated lee Chest: • Commercial rated • Holds over 80 pounds of ice • Comes with speed rack, bottle opener, cap catcher and condiment trays 'Largge-Iios#s drawer Ffts in the �� �:OK1927G Large Trash Drawer — OKLTD Calise Large Trash Drawer: • Each large trash drawer has two trash bins within the cabinet, one for trash and one for recyclables • Lynx trash drawer — tip -out only Outdoor Blender — OKBLEND Calise Built-in Outdoor Rated Professional Blender: • Commercial grade (same blender used by'Orange Julius') • Non -breakable pitcher • Blend Tech blender Gp.of*s . oKt?Va - DV6 f ockage QKCD CD pxkoye SSD - Stoi,Q-.s t% Dtmorisfom W WOO Calise TV Cabinet with DVD Package — OKTV, OKDVD Calise TV with Built-in Lift: • Designed to accommodate a 42" flat screen TV (not included) • Anti -theft design — TV lift operable ONLY with remote control • Lynx does not make a TV cabinet Calise DVD Package: • Includes the stainless steel built-in box, aux audio input, two speakers, sub woofer, antenna, remote control and remote eye 1175R stainless -steel U-Line Stainless Steel Refrigerator —1175R We will use a refrigerator manufactured by U-Line Corporation and place it in the Calise Large Refrigerator Cabinet. U-Line Refrigerator: • Features 5.7 cubic feet of refrigerator capacity • Push button digital controls make setting and seeing temperature controls easy • Automatic defrost • Solid stainless steel door • ENERGY STAR. qualified refrigerator • This is the only manufactured in -cabinet refrigerator available Large Sink with Faucet — OKLS Large Sink: • Large tub sink *The large Calise sink will provide a savings of $1.,400 over the smaller Lynx sink. Decorative washers Pergola Built by Clear Gut Construction notice to the City of such condition within fifteen (15) days from the onset of such condition. 6. Early Termination by City/Notice. Notwithstanding the time periods contained herein, the City may terminate this Agreement at any time without cause by providing written notice of termination to the Service Provider. Such notice shall be delivered at least fifteen (15) days prior to the termination date contained in said notice unless otherwise agreed in writing by the parties. All notices provided under this Agreement shall be effective when mailed, postage prepaid and sent to the following addresses: City: Copy to: Service Provider: City of Fort Collins City of Fort Collins Empire Landscaping Attn: Purchasing Attn: Michelle Provaznik Attn: Mr. Brian Williams PO Box 580 PO Box 580 20300 County Road 17 Fort Collins, CO 80522 Fort Collins, CO 80522 Johnstown, CO 80534 In the event of early termination by the City, the Service Provider shall be paid for services rendered to the date of termination, subject only to the satisfactory performance of the Service Provider's obligations under this Agreement. Such payment shall be the Service Provider's sole right and remedy for such termination. 7. Contract Sum. The City shall pay the Service provider for the performance of this Contract, subject to additions and deletions provided herein, the sum of Twenty Nine Thousand Three Hundred Twenty Three Dollars and Eight Cents ($29,323.08) for Phase I and the sum of Fifty Thousand Nine Hundred Sixty Dollars and Seventy Five Cents ($50,960.75) for Phase II per the attached Exhibit "C", consisting of three (3) 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 2 SA rev07/08 GARDEN5 ON 5PR(NG CREK OUTDOOR KiTC1-EN 5OUTHWEST 5ECTION VIEW 1.5 THIGK GRANTE SLAB CO MER 5ET ON 36' HIGH CARET T EJA!3 TDMRED RGUT COLOR TBD5TCNE VNIK GROUTED LEOGESTONE / COLOR MLLW CAUSE KITCHEN AFFLM25 - 5EE I4TCHEN DETAIL PERGOLA COWAJFI CT1D WITH A 5ERE5OF 8 X 8P05T5c 2 X 10DEAtv&, 2 X 8 DEAND; 2 X 6 JG6T5; 2 X 2 %AT5 - 5EE PERGOLA DETAL 2' X 2' COLt M\R; 3' 0" HIGH GRANCTE CAP ON COLLM�r,15" THU< 4 MER CaUvN5 CAP 26' X 26" 4OUTERCOLLW5 TO HAVE AN DCre WCAP 5 X 3' ewe.. ... ... .... ELLCTWAL 0UTLFT Ma ERT[WM5F - WALL M"T LMaE ENVOY - CEIL11r, WNT MILE PATH - 5a-495 LHOLE VANWAR0 8 - TACK GARDEN5 ON SPRING CREEK OUTDOOR KITG-EN PLAN VIEW . . . ........................ . 20'0" 4Z'W,4 W01,61, 4z I tylemi, �1 W.H a OFF. OKI&' 9pignvkkx Ilym fulwr wsc 'k;L� f"M? ra'a 22' 6" - - - - MEW .......... 47. 11 "H 4Z'WH xwlG .............. M43c ­-(,jWtj ""M"'gU c,4+Mc1Y1.1 mv CM—T J .. . ........... . . . tyarM 7 U 'R 'Xi3c MIX oan WWI IAIMCOX. Fwo� aa 111M�1T i Ruull f440-MYN 111mf ,, c1m, COX, 10M4 ill = 4 GARDEN5 ON SPRING CREEK CAL15E OUTDOOR KITGI EN DETAIL Q Q rOKi c 2.3" OK`d OKPIZC 2Y OKW K r OKLRC , +^hti,, CCCf. t , tf 3PY.EP3T+P. ([ '0kz fxyT.. �i �11R � tti M�ftLt2 fiP.h( i flL. St(R.f..E Udt . ......... W.Al'.TI'i';3,F At •_ t�.i t{��4� t.A � NJi %AifAY VKT OF CK�: CK55C-� OKS�` o"Fo ' CK1000HT 2 DRAWER RAI C'JT HGH 1-E-W VWFAF3?: PROPAE'. %GLEF3, 1? 10M PLACE ELEGRICAL. 51NGLE GANG 5OX N9DE MODULAR CABINET FCR HOT WATER HEATER ' a a; 1/ CABWE i C?'�'' co" OK40C 4B" coia OK4BC 48"C _TGPRLL MH P.O1r--)61 E CAS ET F)OCF,5 Q 0111 42 HIGH 65ACK5PLA5H WTH 42" HIGH 5A9 16' OVERH" GK90F13T PLACE ELEMCAL 4Z' +UGH 9WAE GANG 50X6 ___.._.... ON BACK5PL.A5H �i OK5BC 00927C X may OK'1327C U GXat Y .isti.. t. Kira{n,,fle avt � L 1MI , � Fiat tt.3,aavze rptlr, ti ccc � .11NFt,�, (r{f F.hY � QK1927C GK1000 0KC01- CK5TD 2 5M TRA5 I CURL 5VLIA=R OK1927C DFIAMR `j1 C'Rd -E IXF VKH FILLER (IJT-I'W 5K,i FULL Wr TRAY CA�h LT WA)E MODl LAR CABINET W5VE MODIlAR CADIWET FOR SLER)ER FOR REFRVGERATOR — .... t �tt� .vr _...._. ..LZ __ _ _ 48 — ( r„x} ;xtr�✓�.,m('j xanrmE^t❑ OK36C »,ate,; n xy�o 1>10 uy'eXl DZld>IO 37"cua OK1027G lylcl�'1f 12 ° GlKLR-r r 2 el TIRA'"H FILUR OK OKI F6 GAV fF"AfKAGL cL,rTICA q' ORAWER VATH LU. FRO LG REFRLG, 61-A&E-Efi 19 T 5RU FkFN. TR. LG iCE.04::5 T 9GLE r CABII r COXR�? xm un ggg' —� �Nl air�u a.rcia l:� c[ Q ELECTRCAL 13OX 36' HIGHCAE>0\ET 1MTH 12" BAR OVERHANG 2CRRlh--R W/FAP€ R 1 OACPL EXHIBIT B WORK SCHEDULE Design and construction will be done in two phases: Phase 1 includes design of the structure and kitchen, and construction of the pergola structure and must be complete by June 30, 2009. Phase 2 is construction of the kitchen and must be completed by December 30, 2009. SA rev07/08 EXHIBIT C FEE SCHEDULE PHASE Empire Landscaping 20300 County Road 17 Johnstown, CO 80534 970-587-8858 www. ernpirelandscaping.us Proposal Customer CustomerNumber 461 Quote Date March 03.2009 The Gardens on Spring Creek f Michelle Pro) Sates Person Brian Williams 2145 S. Centre Ave. Expiration Date, April 03, 2009 Fort Collins, CO 80526 Terms 970-221-688.1 Proposal Name. Garden of Eatin Project Name Outdoor Kitchen Phase 1 Contr Proposal Number 2008-762 Version Number 1 Pergola per plan Sq. Ft. Stone Veneer - Columns 'Sunset Stone- Vail Valley Ledge Stone Sq. Ft Slab Granite Gap for Columns `Tan Brown Slab.Granite Each Unique - Enterprise Down Light Each Unique - Envoy Down. Light Electrical Each Delivery General Conditions Permits - Pergola only Customer Date Empire Landscaping Representative Date 1 1.00 $14,901.76 $14,901,70 192.00 $12.25 $2,352.00 $0.00 72.00 $61.50 $4,428,00 $0.00 16♦00 $228:43 $3,654.91 8.00 $228.43 $1,827.46 1.00 $250.00 $250.00 3.00 $150.00 $450.00 1.00 $1,200:00 $1,200.00 1.00 $259.01 $259.01 Taxable $0.00 Tax Exempt $29,323.08 Tax $0.00 Total $29,323. a8 SA rev07/08 Empire,Landscaping 20300 County Road 17 Johnstown, CO 80534 970-587-8858 www. empiretandscaping.us FEE SCHEDULE PHASE II gym_ Proposal Customer Customer Number 461 Quote ©ate March 03, 2009 The Gardens on Spring Greek,` Michelle Pro) Sales Person Brian Williams 2145 S. Gentre Ave. Expiration Date April 03, 2009 Fort Collins, CO 80526_ Terms 970-221-6881 Proposal Name Garden of Eatin Project Name Outdoor Kitchen Phase 11Contr ProposalNumber 20,08-762 Version Number 1 OK4000 Each 48"' Calise Gourmet Grill, cover & rotisserie 1.00 $3.865.50 $3,865.50 OK1600 Each Calise Gourmet dual side -burner 1_00 $715:50 $715.56 OK1000HT Each Calise single side burner/high temp (propane only) 1.00 $715,50 $715.50 Each Calise outdoor rated stainless steel Refrigerator 1.00 $1,507.00 $1,507.00 OK2DP Each 2-Drawer w/ paper towel dispenser (16"x20") 2.00 $715:50 $1,481.00 OKPOP Each Pull out propane tank holder i sm trash (16"x20") 1.00 $355,50 $355,50 OKSTD Each Storage Unit with pull out tray 1.00 $585.00 $585.00 OKICE-PRO Each Cocktail Large (27") Ice chest, condiment& bottle 1-00 $1,075.50 $1,075.50 OKCDT Each 19x27 Cutting board,.6" drawer; trash (19"x27") 2.00 $895.50 $1,791.00 OKBLEND2 Each Pro Built in Blender � Ig Pitcher, exterior rated- 1.06 $715.50 $715:56 OK27D Each, 27"' Double doors w/ storage trays 1.00 $337.50 $33T50 OK37D Each 37" Double door w/ storage trays 2.00 $8513.20 '$11706.40 OK48D Each 48" Double doors w/ storage trays 1.00 $535.50 $535.50 OKLRTK Each Large trim kit for Ig. Calise refrigerator 1.00 $202.50 $202.50 OKSBC Each Cabinet for 27" grill"or OKICE-PRO cutout for door 1.00 $403.20 $403.20 OK3BC Each Cabinet for 37" grill, cut out for door, w/ floor 2-00 $456.30 $912.60 OK4BC Each Cabinet for 46" grill, cut out for door, w/ floor 1.00 $517.50 $517.50 OKSBC Each Cabinet for side burner or ice chest 4.00 $320.40 $1,281.60 OKSB.C-S Each Cabinet for drop side burner. (33" wide) 1.00 $368.10 $368,10 OK1927C Each Cabinet wf 19°x27" opening - OK3LD, OKLTD, OKCDI 3.00 $299.70 $899.10 OKLRC Each Cabinet for Ig refrigerator-OKLFS, OKKEG-L OKLDF 1_00 $351.90 $351.90 2 SA rev07/08 OK6FC Each Filler Cabinet 6" 1.00 $136.80. $136.80 0K12FC Each Filler Cabinet 12" 2.00 $181.80 $363.60 OKLEC Each End cap Left wt cut corner too $161.10 $161,10 OKREC Each End cap right w/ cut corner 1.60 $161.10 $161.10 OK60BT42 Each Straight bar 60", electrical box 42"H x.17"D 100 $607.50 $1,822.50 OK90FBT42 Each Comer Fillet -go 42"H X 26.5" X 26.5"W. X 17"D 2.00 $634.50 $1,269.00 OKDVD Each DVD Package - Outdoor ,rated (S/S box included) 1.00 $1,075 50 $1,075.50 TV supplied by others $0.00 OKECO Each Electrical cut out box (wiring not included) : 4.00 $22.00 $88.00 OKPERM Each Permabase 112" full sheet (3'x5') 2.00 $27.00 $54.00 OKSHIMS Each Shims 25' - 30.5" random lengths 4.00 $47.00 $188.00 Misc. Parts'for Modular Cabinets 1.00 $50.00. $50.00 Each Stainless Steel Double Sink 1.00 $250.00 $250,00 Each Hot Water Heater - on demand' I.00 $369.00 $369.00 Ln. Ft. Modular Cabinet. Install 40 00 $25.00 $1,000.00 Ln. Ft. Modular Bar Install 24:00 $45.00 $1,080.00 Plumbing 1.00 $500,00 $500 00 Electrician 1.00 $500.00 $500,00. Sq. Ft. Stone Veneer - Kitchen 290:06. $12.25 $3,552,50 'Sunset Stone - Vail Valley ledge Stone $0.00 Sq. Ft. Slab Granite Counter top 200.00 $61.50 $12,300,00 *Tan Brown Slab Granite Woo Sq..Ft. Back splash 145.00 $12.25 $1,776.25 Each Unique_- 840 watt 24 volt Transformer 1.00 $844,73 $844.73 Each Unique - 360 watt 24volt Transformer 1.00 $531.26 $531.26 Each Unique - Solaris Pathway Light 2.00 t200.46 $400.93 Each Unique - F225 Weli.Light 9.00 $139.67 $1,257,05 Each Unique - Vanguard 8 Task Light 4.00 $151.63 $606.53 Each Delivery 1.00 $150.00 $150.00 General. Conditions 1.00 $1,200:00 $1,200.00 Donated Labor for Kitchen 1.00 ($1,000.00) ($1,000.00) Permits - TBD 1.00 $0.00 $0.00 Taxable $0.00 Tax Exempt $50,960.75 Tax $0.00 3 Total .$50,960.75 2 SA rev07/08 EXHIBIT D 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. rev06/07 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 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. 3 SA rev07/08 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 often (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. 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 D, consisting of one (1) 4 SA rev07/08 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: 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. 5 SA rev07/08 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 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. C. SA rev07/08 CITY OF FORT COLLINS, COLORADO a municipal corporation By: -- (-� �—L a— =4�— James B. O'N II II, CPPO, FNI P ;.ePirector of Purchasing and Risk Management Date: L' — (S D 91 Empir scaping B PRINT NAME CORPORATE PRESIDENT OR VICE PRESIDENT Date: Gi /3 D j ATTEST: (Corporate Seal) CORPORATE SECRETARY SA rev07/08 EXHIBIT A SCOPE OF WORK 20300 County Road 17 Johnstown, GO 80534 970-587-8858 Fax 970-587-9773 March 4, 2009 The Gardens on Spring Creek Attn: Michelle Provaznik, Director 2145 S. Centre Avenue Ft, Collins, CO 80526 To Whom It May Concern:: We are excited for the opportunity to introduce you toEmpire Landscaping and the services we can provide. Our staff is dedicated to a strong work ethic, unsurpassed artistry.; technical excellence, clear communication, and quality in all that we do. Empire Landscaping has over 40 years experience in designing and building extraordinary landscapes. We have developed a keen understanding and interest in sustainable landscaping principles and we strive to create attractive environments that are aesthetically pleasing and environmentally friendly. We do all this with the ultimate goat in mind to "Enhance the Beauty of Your Castle". We believe that Colorado offers its own unique sense of style to which we must harmonize both visually and functionally, and yet still reflectourcustomers ideas and desires.. Our company's main objectives are to: Establish a long-term relationship that benefits you through unparalleled customer service. Create uniquely personal designs. Install meticulous landscapes. We have assembled the enclosed materials foryour review. We have invested many hours of time and invested our combined talents to create this design and bid presentation for The Gardens on Spring Creek. We are including our designs for your review, but would ask that they:not be shared or distributed out.to other companies. These designs have a value of $1500 and we trust you to value but efforts and keep them confidential. In consideration of the budget provided for this project, we suggest that the project be completed in two stages. Phase 1 would include the pergola structure and the. complete kitchen installation with exception oftherefdgeratorand hot water heater.. We would recommend that the lights, the refrigerator and the: hot water heater be in phase two of the project. We have Included a. phase 2 proposal for your review. SA rev07/08 We feel that our product choices of Calise for the outdoor kitchen and of Unique Lights for the outdoor lighting is vital to provide functionality and to aid in the longevity of this outdoor kitchen at The Gardens on Spring Creek. Additionally, by using Calise and Unique Lights, you will minimize the need for future maintenance of this outdoor kitchen. Both Calise and Unique Lights' products are far superior to the other recommended product lines included in the request for proposal document. We feel that it is worth the investment to get a better product that will be useful and beautiful for years to come. Feel free to call with any questions. We would be happy to meet with you to discuss our designs and proposal in more detail and to provide any clarification or answer any questions you might have. We look forward to fulfilling your dreams for The Gardens at Spring Creek. What a wonderful Outdoor Kingdom you are creating that will be a great benefit to the Northern Colorado Community. Thank you for the opportunity to share what we have to offer and we look forward to your favorable consideration of the materials provided. If you dream it, we can build it. -.--Sirycerely, , Brian Williams Owner