HomeMy WebLinkAbout414759 SWINGLE LAWN TREE & LANDSCAPE CARE - CONTRACT - BID - 7342 TREE PRUNING AND REMOVALSERVICES 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 Swingle Lawn, Tree & Landscape,°. hereinafter referred to as "Service Provider".
Garth W ITNESSETH: V
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 7342 Pruning, Removal & Miscellaneous Tree Work 2012. 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(s) and
incorporated herein by this reference, shall include a description of the services to be performed, the
location and time for performance, the amount of payment, any materials to be supplied by the City
and any other special circumstances relating to the performance of services. No work order shall
exceed $75,000. 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.
Service Agreement— Work Order Type
Page 1 of 12
EXHIBIT A
WORK ORDER FORM
PURSUANT TO AN AGREEMENT BETWEEN
THE CITY OF FORT COLLINS
AND
SWINGLE LAWN, TREE & LANDSCAPES
DATED:
Work Order Number:
Purchase Order Number:
Project Title: 7342 Pruning, Removal & Miscellaneous Tree Work 2012
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.
User Acceptance
City of Fort Collins
0
By:
Director of Purchasing and Risk Management
(over $60,000.00)
Date:
Service Agreement Work Order Type — Swingle Lawn
7342 Pruning, Removal & Miscellaneous Tree Work 2012
Page 10 of 12
EXHIBIT B
7342 PRUNING, REMOVAL & MISCELLANEOUS TREE WORK 2012
BID SCHEDULE
Hourly Rate for a four (4) person crew with equipment
Normal Rate
—Cm—ergency Rate
(3) climbers and (1) ground person
(1) aerial lift truck (minimum 55 ft working height)
() chipper truck
_ $
$
and (must handle at least a 9° diameter log) or
1 log -loader trailer or truck
Hourly Rate for a three (3) person crew with equipment
(2) climbers and (1) ground person
(1) aerial lift truck (minimum 55 ft. working height)
(1)
$ ;I L4
$ C
chipper and truck (must handle at least a 9" diameter log) or
1 log -loader trailer or truck
Hourly Rate for a two (2) person crew with equipment
(2) climbers and (1) ground person
(1) aerial lift truck (minimum 55 ft. working height)
() chipper and truck (must handle at least a 9" diameter log) or
$
1 log -loader trailer or truck
Extra price per hour costs:
Tree Climber =
$
Ground Worker =
$ 7
$ l
Chipper & Truck Operator
$
Lift Truck & Operator =
$ +
$ I vUr
Log Loader Truck & Operator =
$IZW Lf.
Crane Truck & Operator _
$
$
Stump Grinder & Operator (stump grinder> 50 HP) =
$ 1 7)Q
$
Stump Grinder & Operator(stump grinder < 50 HP) =
$ ( '3 C)
ADDITIONALLY: Provide an equipment list with hourly prices including an operator.
"Describe the type of log -loader truck included in your bid:
ISA Certification #
FIRM
Are you a rorporallon, Partnership,
SIGNATURE:C_T_:— --
ADDRESS:
A, LLC,or PC I
PRINTED NAME: OMA A)LN
PHONE/FAX#: EMAIL'
c1-70 a�,l- "i, f��)_ +(yNc.6.®s,.� N.96--"Vet_, ecw't
Service Agreement Work Order Type — Swingle Lawn
7342 Pruning, Removal & Miscellaneous Tree Work 2012
Page 11 of 12
EXHIBIT C
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.
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7342 Pruning, Removal & Miscellaneous Tree Work 2012 Page 12 of 12
2. Changes in the Work. The City reserves the right to independently bid any
services rather than issuing work to the Service Provider pursuant to this Agreement. Nothing
within this Agreement shall obligate the City to have any particular service performed by the
Service Provider.
3. Time of Commencement and Completion of Services. The services to be
performed pursuant to this Agreement shall be initiated as specified by each written Work Order
or oral emergency service request. Oral emergency service requests will be acted upon without
waiting for a written Work Order. Time is of the essence.
4. Contract Period. (Option 2] This Agreement shall commence April 15, 2012 and
shall continue in full force and effect until April 14, 2013, 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 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
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7342 Pruning, Removal & Miscellaneous Tree Work 2012 Page 2 of 12
the parties. All notices provided under this Agreement shall be effective when mailed, postage
prepaid and sent to the following address:
Service Provider: City: Copy to:
Swingle Lawn, Tree & City of Fort Collins City of Fort Collins
Landscaper C4.KG Attn: Purchasing Dept.
Attn: Tom Lynch PO Box 580 PO Box 580
1805 E. Lincoln Avenue, A-3 Fort Collins, CO 80522 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 one (1) page, 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
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7342 Pruning, Removal & Miscellaneous Tree Work 2012 Page 3 of 12
accordance with Article 12 of the General conditions. They also recognize the delays, expenses
and difficulties involved in proving in a legal proceeding the actual loss suffered by OWNER if
the Work is not completed on time. Accordingly instead of requiring any such proof, OWNER
and CONTRACTOR agree that as liquidated damages for delay (but not as penalty)
CONTRACTOR shall pay OWNER the amount set forth in each Work Order.
10. City Representative. The City's representative will be shown on the specific Work
Order and shall make, within the scope of his or her authority, all necessary and proper
decisions with reference to the work requested. All requests concerning this Agreement shall be
directed to the City Representative.
11. Independent Contractor. It is agreed that in the performance of any services
hereunder, the Service Provider is an independent contractor responsible to the City only as to
the results to be obtained in the particular work assignment and to the extend that the work shall
be done in accordance with the terms, plans and specifications furnished by the City.
12. Personal Services. It is understood that the City enters into the Agreement based
on the special abilities of the Service Provider and that this Agreement shall be considered as an
agreement for personal services. Accordingly, the Service Provider shall neither assign any
responsibilities nor delegate any duties arising under the Agreement without the prior written
consent of the city.
13. Acceptance Not Waiver. The City's approval or acceptance of, or payment for
any of the services shall not be construed to operate as a waiver of any rights under the
Agreement or of any cause of action arising out of the performance of this Agreement.
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
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7342 Pruning, Removal & Miscellaneous Tree Work 2012 Page 4 of 12
incorporated into any work shall be new and, where not specified, of the most suitable grade of their
respective kinds for their intended use, and all workmanship shall be acceptable to City.
C. Service Provider warrants all equipment, materials, labor and other work,
provided under this Agreement, except City -furnished materials, equipment and labor, against
defects and nonconformances in design, materials and workmanship/workwomanship for a period
beginning with the start of the work and ending twelve (12) months from and after final acceptance
under the Agreement, regardless whether the same were furnished or performed by Service
Provider or by any of its subcontractors of any tier. Upon receipt of written notice from City of any
such defect or nonconformances, the affected item or part thereof shall be redesigned, repaired or
replaced by Service Provider in a manner and at a time acceptable to City.
15. Default. Each and every term and condition hereof shall be deemed to be a
material element of this Agreement. In the event either party should fail or refuse to perform
according to the terms of this agreement, such party may be declared in default thereof.
16. Remedies. In the event a party has been declared in default, such defaulting
party shall be allowed a period of ten (10) days within which to cure said default. In the event
the default remains uncorrected, the party declaring default may elect to (a) terminate the
Agreement and seek damages; (b) treat the Agreement as continuing and require specific
performance; or (c) avail himself of any other remedy at law or equity. If the non -defaulting party
commences legal or equitable actions against the defaulting party, the defaulting party shall be
liable to the non -defaulting party for the non -defaulting party's reasonable attorney fees and
costs incurred because of the default.
17. Binding Effect. This writing, together with the exhibits hereto, constitutes the
entire agreement between the parties and shall be binding upon said parties, their officers,
employees, agents and assigns and shall inure to the benefit of the respective survivors, heirs,
personal representative, successors and assigns of said parties.
18. Indemnity/Insurance.
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7342 Pruning, Removal & Miscellaneous Tree Work 2012 Page 5 of 12
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 "C", 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
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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.
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:
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
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.
Service Provider shall comply with any reasonable request by the Colorado
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Department of Labor and Employment (the "Department') made in the course of an investigation
that the Department undertakes or is undertaking pursuant to the authority established in Subsection
8-17.5-102 (5), C.R.S.
If Service Provider violates any provision of this Agreement pertaining to the
duties imposed by Subsection 8-17.5-102, C.R.S. the City may terminate this Agreement. If this
Agreement is so terminated, Service Provider shall be liable for actual and consequential damages
to the City arising out of Service Provider's violation of Subsection 8-17.5-102, C.R.S.
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.
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7342 Pruning, Removal & Miscellaneous Tree Work 2012 Page 8 of 12
APPROVED 0 FORM:
.� '�Il.,
Assi t City Attorney
CITY OF FORT COLLINS, COLORADO
a municipal corporation
/,'Jarnes B. O'Neill II, CPPO
Director f Purchasing and Risk Management
Date: `I' / c / / I
SWINGLE WN TREE & LANDSCAPE SW CA44*,,
By:
Print Name
Title f'/t'�S�Oc�fi✓T�
Corporate President or Vice President
Date: f11?b 7/
(Corporate Seal)
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