HomeMy WebLinkAboutMARTIN VERMILYEA - CONTRACT - AGREEMENT MISC - MARTIN VERMILYEASERVICES 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 Martin Vermilyea, 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 four (4) pages and
incorporated herein by this reference.
2. Contract Period. 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 until
December 31, 2011, unless sooner terminated as herein provided. In addition, at the option of the
City, the Agreement may be extended for an additional period of one (1) year at the rates provided
with written notice to the Professional mailed no later than ninety (90) days prior to contract end.
3. Delay. If either party is prevented in whole or in part from performing its obligations
by unforeseeable causes beyond its reasonable control and without its fault or negligence, then the
party so prevented shall be excused from whatever performance is prevented by such cause. To
the extent that the performance is actually prevented, the Service Provider must provide written
notice to the City of such condition within fifteen (15) days from the onset of such condition.
4. Early Termination by City/Notice. Notwithstanding the time periods contained herein,
the City may terminate this Agreement at any time without cause by providing written notice of
termination to the Service Provider. Such notice shall be delivered at least fifteen (15) days prior to
the termination date contained in said notice unless otherwise agreed in writing by the parties. All
notices provided under this Agreement shall be effective when mailed, postage prepaid and sent to
the following addresses:
SA rev03/10
HAY HARVESTING AT EAGLE VIEW NATURAL AREA
Service Provider is responsible for harvesting hay on Eagle View Natural Area including
irrigating, cutting, baling, and removing all hay from the property.
Approximate areas for hay harvesting are shown on the attached maps and are based on
locations of hay cut during previous years. Service Provider must assume responsibility for
locating and avoiding irrigation ditches and other obstacles.
Guidelines for haying:
12. Notify Natural Areas contact prior to entering any of the designated properties for haying.
13. Cut hay only on those tracts designated.
14. Service Provider must irrigate fields using water provided by and paid for by the City of
Fort Collins. Coordinate with Natural Areas contact to determine water availability and
delivery systems.
15. Service Provider may make multiple cuttings per season.
16. For any cuttings occurring prior to July 10, Service Provider should notify the Natural
Areas contact a minimum of five (5) business days. in advance so that City staff can
search the field for nesting grassland birds. City staff will mark the nest locations with
flags and notify the Service Provider of their locations. If nesting birds are located in the
tract to be hayed, all efforts must be made to avoid the nest.
17. All hay must be removed from the property within 72 hours after baling. If weather
conditions do not allow hay removal, you must contact the Natural Areas for an
extension.
-18. Do not enter fields when muddy.
19. Equipment can be stored on the property for a time period not to exceed 120 hours (5
days). If an extension is needed, you must contact the Natural Areas. If equipment is
stored on site, the following areas, by priority, are available for storage:
a. Parking lots
b. Interior roads within the tract cut for hay. Grass around the equipment must be
mowed.
c. Edges or corners of tract cut for hay. Grass around the equipment must be
mowed.
20. The Service Provider must have a fire extinguisher on site.
21. The Service Provider must adhere to any applicable Larimer County fire restrictions.
22. The City of Fort Collins is not responsible for property damages caused by the Service
Provider (fire or otherwise).
Natural Areas contact:
Daylan Figgs
Natural Areas Land Manager
215 N Mason
PO Box 580
Fort Collins, CO 80522-0580
Office
(970) 416-2814
Cell
(970) 217-5968
Email
dfiggs@fcgov.com
Rev7/2009
10
Hay Cutting - Eagle View Natural Area
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Rev7/2009
11
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.
Rev7/2009
12
City:
Copy to:
Service Provider:
City of Fort Collins
City of Fort Collins
Martin Vermilyea
Attn: Purchasing
Attn: Daylan Figgs
4412 Stable Lane
PO Box 580
PO Box 580
Fort Collins, CO 80525
Fort Collins, CO 80522
Fort Collins, CO 80522
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. This is to be a zero -cost contract to the City.
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.
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. Warranty.
a. Service Provider warrants that all work performed hereunder shall be
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SA rev03/10
performed with the highest degree of competence and care in accordance with accepted standards
for work of a similar nature.
b. Unless otherwise provided in the Agreement, all materials and equipment
incorporated into any work shall be new and, where not specified, of the most suitable grade of their
respective kinds for their intended use, ,and all workmanship shall be acceptable to City.
C. Service Provider warrants all equipment, materials, labor and other work,
provided under this Agreement, except City -furnished materials, equipment and labor, against
defects and nonconformances in design, materials and workmanship/workwomanship for a period
beginning with the start of the work and ending twelve (12) months from and after final acceptance
under the Agreement, regardless whether the same were furnished or performed by Service
Provider or by any of its subcontractors of any tier. Upon receipt of written notice from City of any
such defect or nonconformances, the affected item or part thereof shall be redesigned, repaired or
replaced by Service Provider in a manner and at a time acceptable to City.
11. Default. Each and every term and condition hereof shall be deemed to be a material
element of this Agreement. In the event either party should fail or refuse to perform according to the
terms of this agreement, such party may be declared in default thereof.
12. Remedies. In the event a party has been declared in default, such defaulting party
shall be allowed a period of ten (10) days within which to cure said default. In the event the default
remains uncorrected, the party declaring default may elect to (a) terminate the Agreement and seek
damages; (b) treat the Agreement as continuing and require specific performance; or (c) avail
himself of any other remedy at law or equity. If the non -defaulting party commences legal or
equitable actions against the defaulting party, the defaulting party shall be liable to the non -
defaulting party for the non -defaulting 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
3
SA rev03/10
representatives, successors and assigns of said parties.
14. Indemnity/Insurance.
a. The Service Provider agrees to indemnify and save harmless the City, its officers,
agents and employees against and from any and all actions, suits, claims, demands or liability of any
character whatsoever brought or asserted for injuries to or death of any person or persons, or
damages to property arising out of, result from or occurring in connection with the performance of
any service hereunder.
b. The Service Provider shall take all necessary precautions in performing the work
hereunder to prevent injury to persons and property.
c. Without limiting any of the Service Provider's obligations hereunder, the Service
Provider shall provide and maintain insurance coverage naming the City as an additional insured
under this Agreement of the type and with the limits specified within Exhibit B, consisting of one (1)
page, attached hereto and incorporated herein by this reference. The Service Provider before
commencing services hereunder, shall deliver to the City's Director of Purchasing and Risk
Management, P. O. Box 580 Fort Collins, Colorado 80522 one copy of a certificate evidencing the
insurance coverage required from an insurance company acceptable to the City.
15. Entire Agreement. This Agreement, along with all Exhibits and other documents
incorporated herein, shall constitute the entire Agreement of the parties. Covenants or
representations not contained in this Agreement shall not be binding on the parties.
16. Law/Severability. The laws of the State of Colorado shall govern the construction
interpretation, execution and enforcement of this Agreement. In the event any provision of this
Agreement shall be held invalid or unenforceable by any court of competent jurisdiction, such
holding shall not invalidate or render unenforceable any other provision of this Agreement.
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
4
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alien who will perform work under this Agreement; and
2. Service Provider will participate in either the e-Verify program created in
Public Law 208, 104th Congress, as amended, and expanded in Public Law 156, 108th
Congress, as amended, administered by the United States Department of Homeland Security
(the "e-Verify Program") or the Department Program (the "Department Program"), an
employment verification program established pursuant to Section 8-17.5-102(5)(c) C.R.S. in
order to confirm the employment eligibility of all newly hired employees to perform work under
this Agreement.
b. Service Provider shall not knowingly employ or contract with an illegal alien to
perform work under this Agreement or knowingly enter into a contract with a subcontractor that
knowingly employs or contracts with an illegal alien to perform work under this Agreement.
c. Service Provider is prohibited from using the e-Verify Program or Department
Program procedures to undertake pre -employment screening of job applicants while this
Agreement is being performed.
d. If Service Provider obtains actual knowledge that a subcontractor performing
work under this Agreement knowingly employs or contracts with an illegal alien, Service Provider
shall:
1. Notify such subcontractor and the City within three days that Service Provider
has actual knowledge that the subcontractor is employing or contracting with an illegal alien; and
2. Terminate the subcontract with the subcontractor if within three days of
receiving the notice required pursuant to this section the subcontractor does not cease
employing or contracting with the illegal alien; except that Service Provider shall not terminate
the contract with the subcontractor if during such three days the subcontractor provides
information to establish that the subcontractor has not knowingly employed or contracted with an
illegal alien.
e. Service Provider shall comply with any reasonable request by the Colorado
Department of Labor and Employment (the "Department") made in the course of an investigation
SA rev03/10
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.
N.
SA rev03/10
CITY OF FORT COLLINS, COLORADO
a municipal corporation
By: �0 Y��
Jame B. 'Neill II, CPPO, FNIGP
Direc f Purchasing and Risk Management
Date: 6- Z L/ /D
Martin Vermilyea
By -
PRINT NAME
CORPORATE PRESIDENT OR VICE PRESIDENT
Date:
ATTEST:
CORPORATE SECRETARY
(Corporate Seal)
SA rev03/10
EXHIBIT A
SCOPE OF SERVICES
HAY HARVESTING AT ARAPAHO BEND NATURAL AREA
Service Provider is responsible for harvesting hay on Arapaho Bend Natural Area including
irrigating, cutting, baling, and removing all hay from the property.
Approximate areas for hay harvesting are shown on the attached maps and are based on
locations of hay cut during previous years. Service Provider must assume responsibility for
locating and avoiding irrigation ditches and other obstacles.
Guidelines for haying:
1. Notify Natural Areas contact prior to entering any of the designated properties for haying.
2. Cut hay only on those tracts designated.
3. Service Provider must irrigate fields using water provided by and paid for by the City of
Fort Collins. Coordinate with Natural Areas contact to determine water availability and
delivery systems.
4. Service Provider may make multiple cuttings per season.
5. For any cuttings occurring prior to July 10, Service Provider should notify the Natural
Areas contact a minimum of five (5) business days in advance so that City staff can
search the field for nesting grassland birds. City staff will mark the nest locations with
flags and notify the Service Provider of their locations. If nesting birds are located in the
tract to be hayed, all efforts must be made to avoid the nest.
6. All hay must be removed from the property within 72 hours after baling. If weather
conditions do not allow hay removal, you must contact the Natural Areas for an
extension.
7. Do not enter fields when muddy.
8. Equipment can be stored on the property for a time period not to exceed 120 hours (5
days). If an extension is needed, you must contact the Natural Areas. If equipment is
stored on site, the following areas, by priority, are available for storage:
a. Parking lots
b. Interior roads within the tract cut for hay. Grass around the equipment must be
mowed.
c. Edges or corners of tract cut for hay. Grass around the equipment must be
mowed.
9. The Service Provider must have a fire extinguisher on site.
10. The Service Provider must adhere to any applicable Larimer County fire restrictions.
11. The City of Fort Collins is not responsible for property damages caused by the Service
Provider (fire or otherwise).
Natural Areas contact:
Daylan Figgs
Natural Areas Land Manager
215 N Mason
PO Box 580
Fort Collins, CO 80522-0580
Office (970) 416-2814
Cell (970) 217-5968
Email dfiggs@fcgov.com
Rev7/2009
8
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