Loading...
HomeMy WebLinkAbout125758 FULLER LANDSCAPING - CONTRACT - BID - 7133 WEED CUTTING AND RUBBISH REMOVALSERVICES 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 Fuller Landscaping, LLC, 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 five (5) pages and incorporated herein by this reference. 2. Contract Period. This Agreement shall commence upon signing, 2010, and shall continue in full force and effect until April 30, 2011, unless sooner terminated as herein provided. In addition, at the option of the City, the Agreement may be extended for additional one year periods not to exceed four (4) additional one year periods. Renewals and pricing changes shall be negotiated by and agreed to by both parties. The Denver Boulder Greeley CPIU published by the Colorado State Planning and Budget Office will be used as a guide. Written notice of renewal shall be provided to the Service Provider and mailed no later than ninety (90) days prior to contract end. 3. Delay. If either party is prevented in whole or in part from performing its obligations by unforeseeable causes beyond its reasonable control and without its fault or negligence, then the party so prevented shall be excused from whatever performance is prevented by such cause. To the extent that the performance is actually prevented, the Service Provider must provide written notice to the City of such condition within fifteen (15) days from the onset of such condition. 4. Early Termination by City/Notice. Notwithstanding the time periods contained herein, the City may terminate this Agreement at any time without cause by providing written notice of termination to the Service Provider. Such notice shall be delivered at least fifteen (15) days prior to the termination date contained in said notice unless otherwise agreed in writing by the parties. All 1 SA rev03/10 The Contractor shall perform each job required in the most efficient manner and at the lowest cost to the City. The Contractor shall be assigned each job by the City Representative, or his designate. A. list noting the address of the job, and the date the job was given to the Contractor shall be considered notice to proceed on each given job. At the time jobs are assigned, the City Representative shall give oral and/or written instructions as to how each job is to be performed. The Contractor shall complete each job as assigned within five working days of receiving the assignment. If the job is not completed within five days, the City Representative shall have the option of giving the assigned job to another contractor of his choice, or having the original Contractor complete the job. Should the Contractor fail to complete twelve jobs within five days (as specified) in any one calendar year, the Contract award may be suspended, and that Contractor shall not be used for weed or rubbish removal for the remainder of the year. Should extenuating circumstances arise, such as severe weather, which prevents the Contractor from completing the job.on schedule, the Contractor must immediately notify the City Representative, who shall decide if an extension can be granted. If the Contractor does not perform the job as instructed, they shall be called back to correct the job. The City shall not be charged for any corrections, and all corrections shall be made promptly and professionally. Failure to make corrections as specified will be cause to terminate the contract. Should the Contractor arrive at a job site, to find the work partially done or being done, the Contractor shall not begin work, and shall immediately notify the City Representative. Should a property owner or a resident request that the Contractor stop work, the Contractor shall immediately stop work, give the property owner/resident the City Representative's card or phone number, and immediately notify the City Representative. If possible the Contractor should also obtain the name and number of the property owner/resident. CHANGES IN THE WORK The City may, at any time during the term of a particular work assignment and without invalidating the Contract, make changes within the general scope of the particular work assignment and the Contractor agrees to perform such changed work. MATERIALS, EQUIPMENT AND LABOR The Contractor undertakes and agrees to furnish and pay for all materials, supplies, labor, transportation, equipment, tools, services and supervision necessary to perform any services hereunder. 3 MOVE -ON FEE The Contractor shall be allowed to charge a "move -on" fee of $20.00 on each job. Move - on fees shall be determined jointly in writing or verbally between the Contractor and the City Representative when jobs are assigned. SUBCONTRACTORS AND MATERIALS Any Subcontractors to be used must be 2Ligr approved by the City. A list of all permitted subcontractors (if applicable) and material suppliers (if any) must be submitted with the bid. The Bidder shall not utilize the services of any Subcontractor not listed on the subcontractor list as submitted in performing work pursuant to the Contract without the prior written consent of the City nor shall the Contractor obtain supplies or equipment used in the performance of this contract unless such supplier is listed on the material list. RECORDS The Contractor shall, at all times, maintain 'accurate work records, noting the address of the job, the City -assigned job number, the condition of the property, the hours worked, the employees used, the equipment used and any problems or unusual incidents. These work records may be requested and inspected at any time by the City Representative. BILLING Invoices shall be submitted on City -approved forms only, and each invoice shall be submitted with a lean -waiver release, if subcontractors are used. Billings shall be submitted within seven calendar days of job completion. Bills not submitted in this time frame shall be subject to a three percent (3%) penalty. Work shall be charged at the hourly rate associated with the most efficient type of work and the equipment used, as bid. All landfill fees will be reimbursed. However, landfill tickets must also be submitted with the invoice. Time spent driving from the job site to the landfill, and back to the job site shall be charged by the quarter hour, at the hourly rate submitted for light weed and rubbish removal. Move -on fees may also be included on the invoice, if appropriate. The first flat tire incurred in the course of work (if the flat was caused by a hazard on a job site, and not in the public right-of-way) shall be reimbursed by the City, provided a receipt is submitted. Subsequent flat tires caused by hazards on the same job site shall be paid for by the Contractor. All billing must accurately reflect the actual time worked. Non -accurate billings may be cause for termination of the contract. TERMINATION The City may terminate this contract for any reason with fifteen (15) days written notice. 4 BIDS The City may make such pre -award survey as it deems necessary to determine the ability of the Bidder to perform the work and the Bidder shall furnish to the City all such information and data as is reasonably required for this purpose. The City reserves the right to disqualify any bid if the evidence resulting from the City's investigation shows, in the opinion of the City, that the Bidder is not properly qualified to perform the work described herein. Fill in all blanks on the Bid Forms. Failure to do so may result in a bid disqualification. All entries shall be made in ink or typed on the forms bound herein. Bids entered on forms where phraseology has been altered or where the documents have been otherwise altered will not be accepted. A list of subcontractors must be submitted with all bids, signed supplemental instructions, and a workman's compensation waiver if deemed necessary. The successful bidder/s shall be required to enter into the attached Services Agreement within five working days of receipt of Agreement. LAWS AND REGULATIONS The Contractor agrees to comply fully with all applicable state and federal laws and regulations and municipal ordinances. The Contractor further agrees to comply fully with the Occupational Safety and Health Act, all regulations issued there under and all state laws and regulations enacted and adopted pursuant thereto. The Contractor also agrees to require that all persons operating motorized equipment possess a valid drivers' license and that it will comply with Title 8, Article 12, C.R.S., the Colorado Youth Employment Opportunity Act of 1971. The Contractor agrees to pay all state and federal social security, unemployment insurance and other taxes, assessments or contributions due and payable to the State of Colorado and/or the United States in connection with the work to be performed under this Contract, and the Contractor shall hold the City harmless from any liability on account of any such taxes or assessments. NO CONFLICT WITH THIRD PARTIES The Contractor agrees that no conflicts between the Contractor or its employees and any third party who owns or exercises control over the work site or adjacent property shall occur. 9 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. EXHIBIT Financial Services Purchasing Division 215 N. Mason St. 2nd Floor PO Box 580 Fort Collins, CO 80522 970.221.6775 970.221.6707 kgov. com/purchasing ADDENDUM No. 1 SPECIFICATIONS AND CONTRACT DOCUMENTS Description of Bid 7133: Weed Cutting and Rubbish Removal OPENING DATE: 3:00 P.M. (Our Clock) April 13, 2010 To all prospective bidders under the specifications and contract documents described above, the following changes are hereby made. CHANGE: 1. The following will be paid to contractors on an hourly or negotiated cost with the City Representative. The City may ask contractors for pricing for a project and the low responsive responsible price would be awarded the work. Work must be completed in a complete and professional manner. Scope of work for Dilapidated Fences & Dirt Yards Ordinances: Repair, replace or remove sections of fences that are found in violation of Code Sec. 20-32 by the City of Fort Collins Code Compliance Inspectors. Must use compatible/comparable materials to the original fence for all repairs. Bring dirt yards into compliance with Code Sec. 20-31 by performing work as instructed by Compliance Inspectors by coving dirt area of yard with some form of ground cover (e.g. seed, sod, gravel, mulch, plants, etc.). Hourly Rate: $ '"T p o O 2. Traffic control for Road Shoulder mowing will be the responsibility of the contractor. Please contact John D. Stephen, CPPO, LEED AP, Senior Buyer at (970) 221-6777 with any questions regarding this addendum. RECEIPT OF THIS ADDENDUM MUST BE ACKNOWLEDGED BY A WRITTEN STATEMENT ENCLOSED WITH THE BIDIQUOTE STATING THAT THIS ADDENDUM HAS BEEN RECEIVED. where renewal is a way of life BID SCHEDULE 7133 Weed Cutting and Rubbish Removal We hereby enter our pricing for the City of Fort Collins' requirements to cut and remove weeds and rubbish in accordance with Section 20 - 45 of the Code and Ordinance of the City of Fort Collins. All pieces of equipment shall be priced separately, listing make, model, year, horsepower, size, and cost per hour. Also, a combined price shall be given for minimum equipment required in each category. Contractor may bid on one or all categories. Category II and III require a digital camera and all weed mowing and rubbish removal must have a digital photo taken prior to the weed mowing and rubbish removal. The disk with the pictures should be turned it with the invoice. Failure to do so may result in the contractor not being paid. Camera malfunction will be taken into consideration. Section 1. Extra Heavy Rubbish Removal Minimum equipment required: Please check N) equipment you have i der _Tandem dump truck with a 10 yard minimum box. EQUIPMENT YEAR MODEL CU. YDS. HP $/HR BOX/BUCKET _R78 T C-B / _ 82I0 3 6S -S Cj c- Top K�C!\ :200/ r-7-00 j 0 300 70 Combined minimum price for fork/bucket loader and tractor......... $-7-6— per hour. Minimum price for dump truck: ................................................ s7 per hour. FIRM NAME r�/Merl►�SG�� (�-� Section 2. Heavy Rubbish Removal Minimum equipment required: Please Check N) equipment you have :/;;rk or bucket loader I r for with sufficient capacity, defined as the industry standard for the P.T.O. horsepower seeded for the loader, to perform the work. yard minimum capacity dump truck _Digital Camera EQUIPMENT YEAR MODEL CU YDS. HP $/HR BOYUBUCKET 17C %S SAGk-h0 Cs�III _ 13Z !y 3 !os— %S- -F© r D �-- ?"G W 0 vMP �7 3 �350 (� / '4 65- C me Tot' e;cK G q K7500 i D 30o -70 Combined ied minimum price for fork/bucke' loader and tractor ......... $-2!�I per ! sour . Minimum price for dump truck: ............... ......... ................. . ...... $ &sper 11 a FIRM NAIRVILEE uOrr //-vvc/6Gft fp Section 3. WEED MOMNG AND RuBBISH REMONVAL The minimum equipment required is: piease check (-v) equipment You have _ /C;,e-foot rotary mower ✓ Tractor with sufficient capacity, defined as the industry standard for the P.T.O. horse power /needed for the make and model of mower; and tools igh back pickup truck — and operated weed cutter ✓ T#:.. -°ot walk behind plower. f a three -font walk behind grooming mower, if available. gital CUamero Equipment n� >,yvrNrner�i Year Wvei Li 1ArGIth w1Ur `f7 PA K u cTA `�� 4/Z� �!3 (� ` $�co Ford I -tom loury Z3 F350 AIA (�S, CO S Ti h L 07 Fs Ss 25-C-G 18 410,00 VJA IKeol- C (O GG)s z S ��� Sy S0100 lr(jriilji-Jed rf mitiiurn price for tramor and movdef .........................�5 �fJ per hour. �-l1HIv NAF%Fi= ry l j>°r !,� a'sc,f-�o w� LLc Section 4. Road Shoulder Mowing Approximately 100 lane miles of road shoulders to be mowed, three or more times a summer, depending upon climate conditions. From past experience a mile to a mile and a half can be mowed in an hour. Includes weed whipping around poles, signs, etc. Must avoid mowing major arterials during rush hour, from 7-9am, and 4-6pm. Major arterials are streets like Prospect, Drake, Lemay, Timberline, Horsetooth, Taft, Shields, etc. This restriction does not apply to weekends. or larger mower capable of mowing road shoulders or with sufficient capacity, defined as the industry standard for the P.T.O. horse power e .for the. make and model of the mower. . o werwer with a 7' wing is desirable, and will be given preference on the wider stretches of road oulder. _Hand operated 20 hp power weed cutter. Safety Eouipment: The tractor must be equipped with safety placards: "Caution", etc., and working flashers as well as reflectors. The mower must be equipped safety guards or chain guards to prevent rocks and debris from flying out from under the mower. Personnel working on or near the road including the road shoulder or right-of-way must wear a Class III reflective safety vest and hard hats at all times. Personnel must wear eye and ear protection during weed whipping. City will provide traffic control for work on all major roads. Litter control on some major arterials will be required, as well as special cleanup instructions on Harmony/1- 25 interchange to prevent blockage of the irrigation siphon. Contractor must have irrigation experience so they can operate the irrigation system at the intersection. Tractor\Whip Year Model rv0 S£� �pT o q c? y F59S Width $/Hr. I�i4 6 S-, op . 7/us�/o , 18 ` Combined minimum price for tractor and mower ........................$ 80 per hour Minimum price for weed whip ................................................$ y-!� per hour. FIRM NAME Fc? ����' i,�r ►v(ISCA p .' rux CC G COLORADO-BW INSURANCE Fax 19702672231 May 6 2010 11:49am P001/002 DATE ((ntM/DDh'YYY) �Ic�C��4C�� CERTIFICATE OF LIABILITY INSURANCE 05/OS/2010 PRODUCER g; 0 , ZZ3 , d924 FAX 970.267. i231 THIS CERTIFICATE: IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE Colorado BW Insurance Agency, Inc. HOLDER. THIS CERTIFICATE DOES NOT AMEND, EXTEND OR 1075 W Horsetooth Rd, Ste 106 ALTER THE COVERAGE AFFORDED BYE POLICIES BELOW. Fort. Ul i i nS, CO SOS26 INSURERS AFFORDING COVERAGE NAIC # _ lNSUREP FUR —IC g, L.LC "�uReRA: Cvlarado Casualty Ynsurante .41785 NSURER Ft: —' 4836 Ki va Drive i-- Laporte, CO 80535 INsu�t�R C. — ----- ——�----- i INSURER ❑: --- --- --- 1NSURERE: :OVERAGES ANY REQUIRE ENT,ST5-kki OR COP DIIT ON ANY BELOW CONTRACBEEN TOR OTHER E)OCUMEN WITH RESPECT TO WHICH ED TO THE 1) A130\T FOR 7H(THIS CERTIIF GATE MAYBE ISS)VEJ OR MAY PERYA)N, THE INSURANCE AFFORDEE BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONNTIONS Of Wr> POLICIES. AGGREGATE LIPIITS SHOWN MAY HAVE BFEN REDUCED BY PAID CLAIMS, c f 1; POLICY NIJMtBER DATE MM DDTY . DATE KWtDtDD/Y7Y N LfA11i6 ,TF NERD TYPE OF INSURANCti ----�— CBP8617571 04/Z4/2010 04 24/2011 EACHcccuRFENc_ $ 1,OOtl,QQ CENE3tAL LIABILITI' x COMM£RCfAL GENERAL LIA9ILITY i � PPEMI$£,S 1QO, �v I OCCUR CLAIMS MADE I MEO E7(P (A>S one person) Tir$ 1510 I I PERSONAL & ADV IFI.IURY $ 1,000,00 A I I GEN'L AGGREGATE LIMIT APPLIES PER: PRO= I POLICY r i L , 'T JE'%T �I AUTOMOBILE LtAMILITV j ANY AUTO ALL ()WNEDALITOS 1 _ 1 — SCHEGULaDA:JTOS HIRED AUTOS i I NON -OWNED AUTOS :GARAGE LIAMLITY �. .. ANY AIA 0 I ------III tXCESS / UMBRELLA LIABILITY i OCCUfi CLAIMS MADE CEDUCTIBLE RETENTION $ WORKERS O0MP6N8ATIUN AND EMPLOYERS' LJAEILITY Yt li ANY PROPRSETOR!P.ARTNE WEKECUT:VEr- CFFICEPIMEMBER EXCLUDED? (MwjdatM in NH) If yes dnwibu undar r;:r'lAL PROVISIONS beive UES:RIPTIGN OF OPE1IATIONS i LGCAIIC; !3 / VEHICLES / EXCLUSIONS ADDED BY CERTIFICATE HOLDER City of Fort Collins 215 North Mason PO Boa 850 Fort Collins, CO $0522 GENERAL2GREGATE 62,000 �0() .O PFDUCTS - COMP101`3 AGG COMBINED SINGLE LIMIT S (Fa amaent) BODILY INJURY (PBY (wjtSCn} BODILY INJURY y (Pcr aCi:ItlSfY.) PROPERTY DAMAGE i (PdlBccicL-nl) AUTO ONLY - EA ACCIDENT I S O'rHEP.THAN EAACC I---; AUTO ONLY: AGG b EACH OCCURRENCE i AGGREGATE r �' S E.L. EACH AGGIDENIT _ S E.L. pISEASE - EA EMPLOYEE S E.L. DISEASE - POLICY UNIT S / SPECIAL PROVISIONS ;ANCELLATION SHOULD ANY OF The ABOVE DESCRIBED FOLtCIES BE CAUCELLED BEFORE THE EXFIRATION DATE THEREOF, THE ISSUING INSURER MLL ENDEAVOR TO MAIL _10 _ llAY5INRI'TTEN NOTICE TC THE CERTIFICATE HOLDER NAMED TO THE LEFT, BUT FAILURE T O DO SO SHALL IMPOSE NO OaLIGATION OR LIABILjV OF ANY KIND UPON THE INSURED ITS AGENTO OR AUTHORIZED Leslie FAX: 221.571E — )1988.2GO 8 ACC The ACORD name and logo are registered marks of ACORD 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 Fuller Landscaping, LLC Attn: Purchasing Attn: Polly Lauridsen Attn: Mr. Brian K. Fuller PO Box 580 PO Box 580 4836 Kiva Drive Fort Collins, CO 80522 Fort Collins, CO 80522 Laporte, CO 80535 In the event of early termination by the City, the Service Provider shall be paid for services rendered to the date of termination, subject only to the satisfactory performance of the Service Provider's obligations under this Agreement. Such payment shall be the Service Provider's sole right and remedy for such termination. 5. Contract Sum. The City shall pay the Service provider for the performance of this Contract, subject to additions and deletions provided herein, per the attached Exhibit "A", consisting of five (5) pages, and incorporated herein by this reference. 6. City Representative. The City will designate, prior to commencement of the work, its representative who shall make, within the scope of his or her authority, all necessary and proper decisions with reference to the services provided under this agreement. All requests concerning this agreement shall be directed to the City Representative. 7. Independent Service provider. The services to be performed by Service Provider are those of an independent service provider and not of an employee of the City of Fort Collins. The City shall not be responsible for withholding any portion of Service Provider's compensation hereunder for the payment of FICA, Workmen's Compensation or other taxes or benefits or for any other purpose. 8. Personal Services. It is understood that the City enters into the Agreement based on the special abilities of the Service Provider and that this Agreement shall be considered as, an agreement for personal services. Accordingly, the Service Provider shall neither assign any responsibilities nor delegate any duties arising under the Agreement without the prior written consent of the City. 2 SA rev03/10 9. Acceptance Not Waiver. The City's approval or acceptance of, or payment for any of the services shall not be construed to operate as a waiver of any rights or benefits provided to the City under this Agreement or cause of action arising out of performance of this Agreement. 10. Warran a. Service Provider warrants that all work performed hereunder shall be performed with the highest degree of competence and care in accordance with accepted standards for work of a similar nature. b. Unless otherwise provided in the Agreement, all materials and equipment incorporated into any work shall be new and, where not specified, of the most suitable grade of their respective kinds for their intended use, and all workmanship shall be acceptable to City. C. Service Provider warrants all equipment, materials, labor and other work, provided under this Agreement, except City -furnished materials, equipment and labor, against defects and nonconformances in design, materials and workmanship/workwomanship for a period beginning with the start of the work and ending twelve (12) months from and after final acceptance under the Agreement, regardless whether the same were furnished or performed by Service Provider or by any of its subcontractors of any tier. Upon receipt of written notice from City of any such defect or nonconformances, the affected item or part thereof shall be redesigned, repaired or replaced by Service Provider in a manner and at a time acceptable to City. 11. Default. Each and every term and condition hereof shall be deemed to be a material element of this Agreement. In the event either party should fail or refuse to perform according to the terms of this agreement, such party may be declared in default thereof. 12. Remedies. In the event a party has been declared in default, such defaulting party shall be allowed a period of ten (10) days within which to cure said default. In the event the default remains uncorrected, the party declaring default may elect to (a) terminate the Agreement and seek damages; (b) treat the Agreement as continuing and require specific performance; or (c) avail himself of any other remedy at law or equity. If the non -defaulting party commences legal or equitable actions against the defaulting party, the defaulting party shall be liable to the non- 3 SA rev03/10 defaulting party for the non -defaulting party's reasonable attorney fees and costs incurred because of the default. 13. Binding Effect. This writing, together with the exhibits hereto, constitutes the entire agreement between the parties and shall be binding upon said parties, their officers, employees, agents and assigns and shall inure to the benefit of the respective survivors, heirs, personal representatives, successors and assigns of said parties. 14. Indemnity/Insurance. a. The Service Provider agrees to indemnify and save harmless the City, its officers, agents and employees against and from any and all actions, suits, claims, demands or liability of any character whatsoever brought or asserted for injuries to or death of any person or persons, or damages to property arising out of, result from or occurring in connection with the performance of any service hereunder. b. The Service Provider shall take all necessary precautions in performing the work hereunder to prevent injury to persons and property. c. Without limiting any of the Service Provider's obligations hereunder, the Service Provider shall provide and maintain insurance coverage naming the City as an additional insured under this Agreement of the type and with the limits specified within Exhibit B, consisting of one (1) page, attached hereto and incorporated herein by this reference. The Service Provider before commencing services hereunder, shall deliver to the City's Director of Purchasing and Risk Management, P. O. Box 580 Fort Collins, Colorado 80522 one copy of a certificate evidencing the insurance coverage required from an insurance company acceptable to the City. 15. Entire Agreement. This Agreement, along with all Exhibits and other documents incorporated herein, shall constitute the entire Agreement of the parties. Covenants or representations not contained in this Agreement shall not be binding on the parties. 16. Law/Severability. The laws of the State of Colorado shall govern the construction interpretation, execution and enforcement of this Agreement. In the event any provision of this Agreement shall be held invalid or unenforceable by any court of competent jurisdiction, such 4 SA rev03/10 holding shall not invalidate or render unenforceable any other provision of this Agreement. 17. Prohibition Against Employing Illegal Aliens. Pursuant to Section 8-17.5-101, C.R.S., et. seq., Service Provider represents and agrees that: a. As of the date of this Agreement: 1. Service Provider does not knowingly employ or contract with an illegal alien who will perform work under this Agreement; and 2. Service Provider will participate in either the e-Verify program created in Public Law 208, 104th Congress, as amended, and expanded in Public Law 156, 108th Congress, as amended, administered by the United States Department of Homeland Security (the "e-Verify Program") or the Department Program (the "Department Program"), an employment verification program established pursuant to Section 8-17.5-102(5)(c) C.R.S. in order to confirm the employment eligibility of all newly hired employees to perform work under this Agreement. b. Service Provider shall not knowingly employ or contract with an illegal alien to perform work under this Agreement or knowingly enter into a contract with a subcontractor that knowingly employs or contracts with an illegal alien to perform work under this Agreement. c. Service Provider is prohibited from using the e-Verify Program or Department Program procedures to undertake pre -employment screening of job applicants while this Agreement is being performed. d. If Service Provider obtains actual knowledge that a subcontractor performing work under this Agreement knowingly employs or contracts with an illegal alien, Service Provider shall: 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 61 SA rev03/10 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. 0 SA rev03/10 CITY OF FORT COLLINS, COLORADO a municipal corporation By: James . O'Neill II, CPPO, FNIGP Director'Qf,Purchasing and Risk Management Date: Fuller Landscaping, LLC By: 'C (OWNPe-) IJ h ' 4 kv JC_ Fy l l& r PRINT NAME Ow NCI ' CORPORATE PRESIDENT OR VICE PRESIDENT Date: S - S _ / O ATTEST: (Corporate Seal) CORPORATE SECRETARY 7 SA rev03/10 EXHIBIT A SPECIFICATIONS DEFINITIONS City Representative shall mean the Compliance Supervisor or Streets Department Superintendent, or their designated representative. Contractor shall mean a successful bidder who has entered into a Services Agreement with the City of Fort Collins. EQUIPMENT REQUIRED The Bidder shall submit a list of equipment that will be made available to accomplish the work, defined as the industry standard for the P.T.O. horse power needed for the make and model of mower, the size of the bucket or for any other attachment used, and shall be prepared to have equipment inspected and approved by the City's Representative. Category II and III require a digital camera and all weed mowings and rubbish removal must have a digital photo taken prior to the weed mowing and rubbish removal. The disk with the pictures should be turned it with the invoice. Failure to do so may result in the contractor not being paid. Camera malfunction will be taken into consideration. The City Representative shall make the final determination if the equipment made available by the contractor is sufficient to perform the work satisfactorily. Inspections of equipment may be performed by the City Representative at any point during the contract. There are five (5) categories to be bid on, and a contractor may bid on any or all of the five categories: Category 1: Extra Heavy Rubbish Removal which requires a loader and a tandem dump truck with a 10 yard minimum box. Category 2: Heavy Rubbish Removal requires a fork or bucket loader, a tractor with sufficient capacity, defined as the industry standard for the P.T.O. horse power needed for the loader to perform the work. A 5 yard minimum capacity dump truck and a Digital Camera. Category 3: Weed and Normal Rubbish Removal requires a Five-foot rotary mower; a tractor with sufficient capacity, defined as the industry standard for the P.T.O. horse power needed for the make and model of the mower; hand tools; high back pickup truck; hand operated power weed cutter; three-foot walk behind mower; a Digital Camera. Optional: a three-foot walk behind grooming mower. Category 4: Road Shoulder Mowing requires a five-foot mower capable of mowing road shoulders; tractor with sufficient capacity, defined as the industry standard for the P.T.O. horse power needed for the make and model of the mower. Seven -foot mower with a seven -foot wing is desirable; hand operated power weed cutter. Category 5: Stormwater Detention Basins and Drainage Channels Mowing requires a Five- foot or larger rotary mower; a tractor with sufficient capacity, defined as the industry standard for the P.T.O. horse power needed for the make and model of the mower; hand tools; high back pickup truck; hand operated power weed cutter; three-foot walk behind mower; a Digital Camera. Optional: a three-foot walk behind grooming mower. WORK DIVISION The City intends to award this bid, based on bid price and demonstrated capacity, to multiple Contractors who may be responsible for one or more of the four categories placed for bid. It is the intent of the Streets Department to assign work equally among contractors when possible, however, there are no stated nor implied guarantees regarding the assigning of work equally. All contractors must have the equipment specified for the scope of the work bid. All work shall be performed under the direction of the City Representative, and in strict accordance with the bid specifications and the signed services agreement. The City Representative is authorized to assign jobs based on the equipment needed for any particular job, regardless of original assignments. REGULATIONS All work must be done in compliance with all local/state/federal regulations. All employees must be properly licensed and qualified to operate the equipment they work on. All employees must be hired and managed in accordance with all local/state/federal requirements. All equipment must be properly licensed and maintained. A violation of any applicable regulation will be grounds for termination.. NOTIFICATION The City shall notify Contractor verbally or written of services to be performed. Such notification shall include the location of such services and any other special circumstances relating to the services. The City Representative must be able to reach the Contractor easily, and within a reasonable time frame. It is strongly suggested that Contractors call the City Representative daily, or Contractors have an answering machine/answering service which can deliver messages within four hours, or Contractors have a mobile phone or a pager from May through August. If the City Representative is unable to reach a Contractor when needed, the City Representative may use any contractor to perform any type of weed and rubbish removal, regardless of original assignment. Nothing within this Contract shall obligate the City to have any particular service performed by the Contractor. PERFORMANCE The Contractor shall perform all work in a safe manner, and shall ensure that proper safety gear is worn at all times. Any damage caused by the Contractor in the performance of this contract shall be the sole responsibility of the Contractor. 2