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HomeMy WebLinkAbout107133 BATH INC; 441376 ROCKY RIDGE NURSERY & LAND - CONTRACT - BID - 7205 NEIGHBORHOOD STREET TREE REPLACEMENT (2)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 Rocky Ridge Nursery & Landscape 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. Services to be Performed. a. This Agreement shall constitute the basic agreement between the parties for services for 7205 Neighborhood Street Tree Replacement. 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 one (1) page 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 Seventy Five Thousand Dollars ($75,000.00). 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. 7205 Neighborhood Street Tree Replacement Service Agreement — Rocky Ridge Nursery & Landscape LLC Page 1 of 15 EXHIBIT "A" WORK ORDER FORM PURSUANT TO AN AGREEMENT BETWEEN THE CITY OF FORT COLLINS AND Rocky Ridge Nursery & Landscape LLC DATED: Work Order Number: Purchase Order Number: Project Title: 7205 Neighborhood Street Tree Replacement 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. 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 -23 By: Director of Purchasing and Risk Management (over $60,000.00) Date: 7205 Neighborhood Street Tree Replacement Service Agreement - Rocky Ridge Nursery & Landscape LLC Page 10 of 15 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 insured 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. 7205 Neighborhood Street Tree Replacement Service Agreement— Rocky Ridge Nursery & Landscape LLC Page 11 of 15 EXHIBIT C SCOPE OF WORK Neighborhood Street Tree Replacement Description: This bid is for a unit price to replace City street trees located in parkway areas (usually the zone between the sidewalk and curb) that are mostly part of new neighborhood developments in the City of Fort Collins. In most cases, trees will be planted along residential streets in front of or to the side of residential properties. Parkway widths are generally 4-6 feet wide, but some could be as wide as 9 feet. Some trees may be planted along collector and arterial streets. In most cases the parkway will be turf that is irrigated with an underground irrigation system. Trees will be from a selected list of balled and burlapped, 2.0 inch caliper canopy shade trees. Other species or cultivars not on the list will be priced as needed. Specifications: 1. Around 100-150 trees will be planted per year. 2. Projects will be assigned in groups of approximately 10 -20 trees at a time and may include multiple species. Assignment of projects may start as early as March and extend into November. More than one contractor may be used throughout the season. 3. Individual projects must be completed within 3 weeks from being assigned. 4. The contractor will be provided the address and assigned species and/or cultivar to be planted. 5. The planting locations will be marked with a pink wooden stake prior to the project being assigned. 6. Planting locations for replacement trees will be either in the same spot as where the original tree was removed, or it may be shifted off of the spot based upon site considerations. The City will remove dead or dying street trees before the contractor plants. Planting locations at the tree removal site will consist of the area where a tree has been pulled out of the ground or where the stump and surrounding root flare have been completely ground out. In most cases the tree being removed and replaced will be 6 inches in caliper or less. 7. The contractor is legally responsible for obtaining utility locates. 8. The City will mulch all trees and provide regular tank watering after planting. The contractor is responsible for one initial thorough watering at planting. 9. Plant material shall be inspected by the Owner's Representative before planting. Rejected materials must be removed from the site, replaced and the new tree reinspected before planting. The Owner reserves the right to reject plant material at any stage of installation. 10.All trees used shall meet the ANSI Z60.1 - 2004 American Standards For Nursery Stock. Trees with disease or insects are not permitted. Trees with 7205 Neighborhood Street Tree Replacement Service Agreement - Rocky Ridge Nursery & Landscape LLC Page 12 of 15 wounds or broken branches will be rejected. Trees with co -dominant leaders or poor form will be rejected. 11.Trees shall be balled and burlapped. Broken or loose rootballs will be rejected. Balled and burlapped plants shall be nursery grown stock adequately balled with a firm rootball, and in sizes and ratios conforming to the Colorado Nursery Act and in conformance with the ANSI Z60.1 standards. 12. Trees to be planted shall have been dug within one year from the time of planting. If stock is not available to meet this specification then trees stored above ground for less than two years may be acceptable. Stock held above ground 1-2 years will only be acceptable by special approval and only if quality and condition have not been reduced by extended storage. 13. Trees shall be protected at all times from injury of any kind. Protect rootballs from drying out during storage, transport and the planting process. When trees are in foliage special care should be taken to prevent crowns from drying out. Cover trees with a protective cloth or tarp when transporting. If trees must be transported at higher speeds (i.e. - the interstate highway), they must be covered with a protective tarp. 14. Caution must be used to prevent damage to roots, trunks and branches during all phases of storage, transport and during the planting process. 15. Planting holes shall be dug 1.5 times wider than the tree ball. Existing soil shall be used for back fill. Trees shall be planted so that the top of the natural ball is about 1" above grade. Planting holes shall not be over excavated in terms of depth. 16. Remove at least the top half of the wire basket and burlap. 17. Remove all labels, flagging and twine from around the trunk and branches. 18 Remove excess soil, sod and any other materials not part of the tree planting. 19. When extra soil is needed to complete planting to specification it shall be provided by the contractor. 20.All trees will be staked with two round wooden stakes that are a minimum of 6ft long. Attachments to the trunk shall be by a method approved by the City Forester. The City Forester must inspect and approve the staking materials prior to the start of this contract. Hose and wire will not be an acceptable method of securing the tree to the stakes. The City is responsible for removing stakes and staking materials. 21. Contractor will provide a warrantee for one year after planting. Contractor is not responsible for trees that die from lack of water, vandalism or extreme unforeseen circumstances. The City will notify the contractor of trees that need to be replaced. Notifications made from May 1 to September 1 shall be completed within three weeks. 22.At the end of the warrantee period, the Owner's Representative will inspect trees for satisfactory condition. The Owner's Representative shall contact the Contractor concerning replacements. Replacements may take place the following growing season if deemed proper or necessary by the Owner's Representative. 7205 Neighborhood Street Tree Replacement Service Agreement- Rocky Ridge Nursery & Landscape LLC Page 13 of 15 23. If a tree is in marginal condition at the end of the warrantee period it may be agreeable to both parties to wait until the end of the growing season before deciding whether to replace that tree. Plant materials that are replaced during the warranty period shall be replaced one time at the Contractor's expense. Cost of subsequent replacements, if required, shalt be negotiated with the Owner's Representative. 24. Replacements shall be of the same kind and size as originally specified and shall be installed as described in the contract documents unless changes are approved by the City Representative. Repairs and replacements shall be made at no expense to the Owner. 25. The contractor is responsible for fixing irrigation lines damaged or broken during planting. Repairs must be completed within 3 work days of damage or notification of damage. 26. Contractor shall notify the City Forestry Division at least one day prior to planting. Planting will not occur on Fridays. 27. Work shall conform to City of Fort Collins traffic control requirements and all other rules and laws of the land. 28. City Forestry will be responsible for pre -notification of adjacent residents. The contractor shall be responsive and courteous to all citizens they come in contact with and promptly report any concerns or requested changes to City Forestry. 29. Failure of a Contractor to adhere to any of these specifications or requirements shall be grounds to terminate the use of that Contractor. 30. Other species and/or additional tree transplanting methods will be handled on an individual basis. Prices would be negotiated on a per job basis. Tree List: Ulmus 'Accolade' Accolade Elm Tilia cordata 'Greenspire Greenspire Linden Celtis occidentalis Hackberry Quercus macrocarpa — Only Bullet Gall resistant and gall -free trees will be approved Bur Oak Gleditsia triacanthos 'Skyline' Skyline Honeylocust Gleditsia triacanthos 'Shademaster' Shademaster Honeylocust Catalpa speciosa Northern Catalpa 7205 Neighborhood Street Tree Replacement Service Agreement — Rocky Ridge Nursery & Landscape LLC Page 14 of 15 7205 Neighborhood Street Tree Replacement BID OPENING: 3:00 p.m. (our clock). February 18, 2011 WE HEREBY ENTER OUR BID FOR THE CITY OF FORT COLLINS' REQUIREMENTS FOR NEIGHBORHOOD STREET TREE REPLACEMENT PER THE BID INVITATION AND ANY REFERENCED SPECIFICATIONS: The City of Fort Collins is requesting bids from firms to provide unit pricing to replace City street trees located in parkway areas (usually the zone between the sidewalk and curb) that are mostly part of new neighborhood developments in the City of Fort Collins. Awarded service provider must enter into a service agreement (sample attached for your review) and provide the required insurance (Exhibit B). This agreement is effective for one year from the date on the service agreement. 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. Pricing changes shall be negotiated by and agreed to by both parties and will use the Denver - Boulder - Greeley GPI-U as a guide. BID SCHEDULE Our firm will provide price to supply and plant one of any of the trees per specification. Award will be based on lowest responsive, responsible base bid that meets specification including qualifications. Base Bid Unit Price to supply and plant one tree Cost per Unit Price to plant one tree when tree is provided by the City FIRM NAM SIGNATURE PRINT NAMI ADDRESS: E Wock\4 1ZOGe-I�AurSery c.x.,� �ar��scc PHONE/FFAAX#::q7O-Lj8'f-?/ate / C17O- ql6-Nq`/3 EMAIL: ISGC.tC C, 3rx' n, x'c�L'i C� G� W S O, r1 P a'L4.'55-0' i J 0 LLL 1'1 e) 11n.s, Cb slo! -Zy 7205 Neighborhood Street Tree Replacement Service Agreement- Rocky Ridge Nursery & Landscape LLC Page 15 of 15 03/23/2011 10:54:19 AM PINNACOL ASSURANCE Deng 9 nR q ACORDT" CERTIFICATE OF LIABILITY INSURANCE DATE (MNVrA ) W 3/D:1 PROWCEP PINNACOL ASSURANCE THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY 7501 E Lowry BNd AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS Denver, CO 80230-7006 CERTIFICATE DOES NOT AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. INSURERS AFFORDING COVERAGE NAIC# INsuRED ROCKY RIDGE NURSERY 8 LANDSCAPE LLC INSURER PINNACOL ASSURANCE 41190 INSURER e. 327 EAST COUNTY RD 60 11;URER a FORT COLLINS, CO 80524 INORER6 INSURER EP. COVERAGES THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERI00 INDICATED. NOTWITHSTANDNG ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. INSR ADDL Pa.ICYEFFECTIVE PO -ICY EXPIRAnoN LTR INSPD TYPEOFINSURMICE POUCYNUMBEP DATEIMMIDMNYY DATEMMNDRYYY LIMITS GENERAL LIABILITY EY4 OCCURRENCE DAMAGE TO RENTED COMMERCIAL GENERAL UABIUTY CLNMSMADE OCCUR PREMISES MED EXPIAmmI, P-RSONALSADVINUNr CENLAGGFEGATE UMITAPPUERSPER: C£NERALAGGnEGATE PCUCV I PROTECT LOS PRODUCTS-COMP/OR AGG AUTOMOBILE LIABILITY COMBINED SINGLE LIMIT ANYAVTO IEa AePtlpnq BOInLnwuRv ALL MNED Auras SCHEDULEOAUTOs Per eB HIREDAUTOS BODILYINWRY NVKONN'_D AVTW rye12ttl0en[ PROPERTY DAMAGE GARAGE LIABILITY AUTOONLY EA ACCIDEM1T O'XER T. EAACC AMIAVTG AUTOONLV AG EX0VNRJM1 SR1'-" W BILITY OCCUR CIAIMBMADE EACH OCCURRENCE AGGREGATE DEDUCTIBLE RETENTION } WORKERS GOMPENSATIONANG WL STATLL OTHER A EMLOYERS LIABILITY ANY PEDPRIETORIPARTNERrexECUTIVE 4061992 10/01/2010 IN0112011 TORYUWTS EI EACXALCIOENi $100000 OFRCERIMEMBEPEXCLWEOT E. L DISEASE - EA EMPLOIEE $t00.OW II Yei Pleai<EieplOt urWe15PEC14PRM'ISIGNS 41IM E.LDISEASE-POUCYUMIi S500 OLD OTNER DESCRIPTION OF OPERATIONSA-MATIONSIVEHICLESIEXCLUSIONS ADDED BY ENDORSEMENTfSPECIPL PROVISIONS CERTIFICATE HOLDER CANCELLATION 1298447 CITY OF FORT COLLINS P O BOX 580 SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, THE ISSUING COMPANY WILL ENDEAVOR T MAIL 0 DAYS WRITTEN NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE FORT COLLINS CO 80522 LEFT, BUT FAILURE TO MAIL SUCH NOTICE SHALL IMPOSE NO OBLIGATION OR LIABILITY OFANY KIND UPON THE COMPANY, ITS AGENTS OR REPRESENTATIVES. AUTHORIZED REPRESENTATIVE ACORD 25(2001108) Irma Vigil Underwriter ACORD CORPORATION 1988 03/23/2011 1.0:54:19 AM PINNACOL ASSURANCE PAGE 3 OF 3 CERTIFICATE HOLDER COPY CITY OF FORT COLLINS P 0 BOX 580 FORT COLLINS CO 80522 IMPORTANT If the certificate holder is an ADDITIONAL INSURED, the policy(ies) must be endorsed. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). DISCLAIMER The Certificate of Insurance on the reverse side of this form does not constitute a contract between the issuing insurer(s), authorized representative or producer, and the certificate holder, nor does it affirmatively or negatively amend, extend or alter the coverage afforded by the policies listed thereon. 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. This Agreement shall commence March 15, 2011 and shall continue in full force and effect until March 14, 2012, 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. 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. 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: 7205 Neighborhood Street Tree Replacement Service Agreement - Rocky Ridge Nursery & Landscape LLC Page 2 of 15 City Service Provider City of Fort Collins Rocky Ridge Nursery & Landscape LLC Attn: Purchasing Attn: Joe Moreng PO Box 580 327 East County Road 60 Fort Collins, CO 80522 Fort Collins, CO 80524 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. 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 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 7205 Neighborhood Street Tree Replacement Service Agreement— Rocky Ridge Nursery & Landscape LLC Page 3 of 15 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. 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. 7205 Neighborhood Street Tree Replacement Service Agreement — Rocky Ridge Nursery & Landscape LLC Page 4 of 15 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 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 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 parry'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 7205 Neighborhood Street Tree Replacement Service Agreement— Rocky Ridge Nursery & Landscape LLC Page 5 of 15 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. 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. 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 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 7205 Neighborhood Street Tree Replacement Service Agreement — Rocky Ridge Nursery & Landscape LLC Page 6 of 15 Program (the "Department Program"), an employment verification program established pursuant to Section 8-17.5-102(5)(c) C.R.S. in order to confirm the employment eligibility of all newly hired employees to perform work under this Agreement. b. Service Provider shall not knowingly employ or contract with an illegal alien to perform work under this Agreement or knowingly enter into a contract with a subcontractor that knowingly employs or contracts with an illegal alien to perform work under this Agreement. C. Service Provider is prohibited from using the e-Verify Program or Department Program procedures to undertake pre -employment screening of job applicants while this Agreement is being performed. d. If Service Provider obtains actual knowledge that a subcontractor performing work under this Agreement knowingly employs or contracts with an illegal alien, Service Provider shall: 1. Notify such subcontractor and the City within three days that Service Provider has actual knowledge that the subcontractor is employing or contracting with an illegal alien; and 2. Terminate the subcontract with the subcontractor if within three days of receiving the notice required pursuant to this section the subcontractor does not cease employing or contracting with the illegal alien; except that Service Provider shall not terminate the contract with the subcontractor if during such three days the subcontractor provides information to establish that the subcontractor has not knowingly employed or contracted with an illegal alien. e. Service Provider shall comply with any reasonable request by the Colorado Department of Labor and Employment (the "Department") made in the course of an investigation that the Department undertakes or is undertaking pursuant to the authority established in Subsection 8-17.5-102 (5), C.R.S. f. If Service Provider violates any provision of this Agreement pertaining to the 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. 7205 Neighborhood Street Tree Replacement Service Agreement - Rocky Ridge Nursery 8 Landscape LLC Page 7 of 15 22. Special Provisions. Special provisions or conditions relating to the services to be performed pursuant to this Agreement are set forth in Exhibit "C", consisting of five (5) page, attached hereto and incorporated herein by this reference. 7205 Neighborhood Street Tree Replacement Service Agreement — Rocky Ridge Nursery & Landscape LLC Page 8 of 15 CITY OF FORT COLLINS, COLORADO a municipal cor oration By: _ ) r .2 James B. 'Neill II, CPPO n'TC°�`irector of Purchasing and Risk Management f" 'Date: d� — Rocky Ridge Nursery & Landscape LLC u.e� Print Name Title O cr h e__ r Corporate President or Vice President ATTEST Date: 3.12-3 I t 1 (Corporate Seal) Corporate Secretary 7205 Neighborhood Street Tree Replacement Service Agreement — Rocky Ridge Nursery & Landscape LLC Page 9 of 15