HomeMy WebLinkAboutBID - 6127 STREETSCAPE MAINTENANCE SERVICES (4)Rev 10/20/07
INVITATION TO BID
6127 Streetscape Maintenance Services
BID OPENING:3:00 P.M. (our clock), December 12, 2008
The City Of Fort Collins is requesting bids for annual mowing, trimming, irrigation repair, weed
control and other work as needed in City owned medians and streetscapes.
Sealed bids will be received and publicly opened at the office of the Director of Purchasing and Risk
Management, PO Box 580, 215 North Mason St., 2nd floor, Fort Collins, Colorado 80522, at the
time and date noted on the bid proposal and/or contract documents. If delivered, they are to be sent
to 215 North Mason Street, 2nd Floor, Fort Collins, Colorado 80524. If mailed, the address is P.O.
Box 580, Fort Collins, 80522-0580.
Bids must be received at the Purchasing Office prior to 3:00 p.m. (our clock), December 12,2008
Technical questions concerning the scope of the bid should be directed to Project Manager Steve
Lukowski (970) 416-2063 or slukowski@fcgov.com.
Questions regarding bid submittal or process should be directed to John Stephen, CPPO, Senior
Buyer (970) 221-6777 or jstephen@fcgov.com.
A pre-bid meeting is scheduled for 10:00 am December 2, 2008 at 215 N. Mason, Conference
Room 2A, Fort Collins, CO.
A copy of the Bid may be obtained as follows:
1. Download the Bid from the Purchasing Webpage, Current Bids page, at:
http://fcgov.com/eprocurement
2. Come by Purchasing at 215 North Mason St., 2nd floor, Fort Collins, and request a
copy of the Bid.
Special Instructions
All bids must be properly signed by an authorized representative of the company with the legal
capacity to bind the company to the agreement. Bids may be withdrawn up to the date and hour set
for closing. Once bids have been accepted by the City and closing has occurred, failure to enter into
contract or honor the purchase order will be cause for removal of supplier's name from the City of
Fort Collins' bidders list for a period of twelve months from the date of the opening. The City may
also pursue any remedies available at law or in equity. Bid prices must be held firm for a period of
forty-five (45) days after bid openings.
Submission of a bid is deemed as acceptance of all terms, conditions and specifications contained
in the City's specifications initially provided to the bidder. Any proposed modification must be
accepted in writing by the City prior to award of the bid.
Financial Services
Purchasing Division
215 N. Mason St. 2nd Floor
PO Box 580
Fort Collins, CO 80522
970.221.6775
970.221.6707
fcgov.com/purchasing
Rev 10/20/07
Only bids properly received by the Purchasing Office will be accepted. All bids should be clearly
identified by the bid number and bid name contained in the bid proposal.
No proposal will be accepted from, or any purchase order awarded, to any person, firm or
corporation in default on any obligation to the City.
Bids must be furnished exclusive of any federal excise tax, wherever applicable.
Bidders must be properly licensed and secure necessary permits wherever applicable.
Bidders not responding to this bid will be removed from our automated vendor listing for the subject
commodities.
The City may elect where applicable, to award bids on an individual item/group basis or on a total
bid basis, whichever is most beneficial to the City. The City reserves the right to accept or reject any
and all bids, and to waive any irregularities or informalities.
Sales prohibited/conflict of interest: no officer, employee, or member of City Council, shall have a
financial interest in the sale to the City of any real or personal property, equipment, material,
supplies or services where such officer or employee exercises directly or indirectly any decision-
making authority concerning such sale or any supervisory authority over the services to be rendered.
This rule also applies to subcontracts with the City. Soliciting or accepting any gift, gratuity, favor,
entertainment, kickback or any items of monetary value from any person who has or is seeking to do
business with the City of Fort Collins is prohibited.
Freight terms: unless otherwise noted, all freight is F.O.B. Destination, Freight Prepaid. All freight
charges must be included in prices submitted on proposal.
Discounts: any discounts allowed for prompt payment, etc., must be reflected in bid figures and not
entered as separate pricing on the proposal form.
Purchasing restrictions: your authorized signature of this bid assures your firm's compliance with
the City's purchasing restrictions. A copy of the resolutions is available for review in the Purchasing
Office or the City Clerk's Office. Request Resolution 91-121 for cement restrictions.
Collusive or sham bids: any bid deemed to be collusive or a sham bid will be rejected and reported
to authorities as such. Your authorized signature of this bid assures that such bid is genuine and is
not a collusive or sham bid.
Bid results: for information regarding results for individual bids send a self-addressed, self-stamped
envelope and a bid tally will be mailed to you. Bid results will be posted in our office 7 days after the
bid opening.
James B. O’Neill II, CPPO, FNIGP
Director of Purchasing and Risk Management
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BID #6127
STREETSCAPE MAINTENANCE SERVICES
BID OPENING: December 12, 2008, 3:00p.m., (our clock)
WE HEREBY ENTER OUR BID FOR THE CITY OF FORT COLLINS REQUIREMENTS FOR
STREETSCAPE MAINTENANCE SERVICES PER THE BID INVITATION AND ANY
REFERENCED SPECIFICATIONS:
The City Of Fort Collins is requesting bids for annual mowing, trimming, irrigation repair, weed
control and other work as needed in City owned medians and streetscapes. This is a one year
agreement and 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.
BID SCHEDULE
Contract will be awarded on totals of Section A-F plus labor cost.
Streetscape Maintenance
Section A $_________________
Section B $_________________
Section C $_________________
Section D $_________________
Section E $_________________
Section F $_________________
325 Man Hours x Labor Cost $_________________
Grand Total $_________________
Extra Labor Cost/Man Hour $_________________
FIRM NAME____________________________________________
Are you a Corporation, Partnership, DBA, LLC, or PC
SIGNATURE________________________ Printed ____________________
ADDRESS______________________________________________
______________________________________________
PHONE/FAX # __________________________________________
E-MAIL ______________________________________________
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CONTRACTOR QUALIFICATIONS
1. GENERAL
1. The City of Fort Collins wishes to hire a professional and experienced Contractor. The
following items must be submitted with the bid package and will be reviewed as an
integral part of the selection process and will have a bearing on the award.
2. Bidders shall supply the following information:
a. Company name, address, phone number, fax number.
b. Principal owners names and addresses.
c. Qualifications of owners, including experience (minimum of last five years with
same company name), duties, certifications, schooling, and other pertinent data.
d. Qualifications of crew chiefs with number of years experience, number of years of
supervisory experience, training, certifications, and specialties.
e. Qualifications of other permanent crew members.
f. Staff size estimated for this contract and break out of crews.
g. Current equipment list with age of equipment. A list of equipment to be
purchased if awarded this contract.
h. A list of five references of past work, one per year desirable over the last five
years. List of similar work within last five years (municipal, county, work
desirable).
i. Draft a schedule (brief) for work to be done in the month of July 2009 under this
contract.
j. Other major work that is scheduled for Contractor for 2009.
k. Other types of services that may be used for this project or other City work
(explain).
l. A short written description of the Contractor motivation for the project and what
enhanced service the City would receive as a result of the contract being
awarded to your firm.
SPECIFICATIONS
1.0 GENERAL
1.1 SCOPE
Complete landscape maintenance of designated areas as specified herein. During
and at the end of the maintenance period, all plant material shall be in a healthy,
growing condition. The Contractor shall provide all equipment, labor, and materials
necessary for performing landscape maintenance and irrigation services according
to the following specifications.
1.2 QUALITY OF WORK
All work shall be performed in accordance with the best landscape maintenance
practices and irrigation management practices as per ALCC Best Management
Practices and Green Co Best Management Practices.
1.3 LOST AND FOUND ARTICLES
The Contractor shall insure that all articles found by his employees while performing
duties under this contract are turned in to the Project Manager.
1.4 CONTRACTOR RESPONSIBILITY FOR WORK
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The Contractor shall be responsible for all damages, losses or injuries that occur as
a result of the fault or negligence of said Contractor or his employees in connection
with the performance of this work.
1.5 LOCAL OFFICE
The Contractor shall maintain a local office capable of receiving messages and
contacting a responsible representative of the contractor during normal working
hours. A local office is one that is a toll free call from Fort Collins. Office must have
a FAX machine capable of sending and receiving. Contractor shall have a mobile
phone for contact with the Project Manager during normal working hours.
1.6 PERSONNEL
The Contractor shall furnish sufficient supervisory and working personnel capable of
promptly accomplishing to the satisfaction of the City and on schedule all work
required under this contract during regular and prescribed hours. The Contractor
and his employees shall conduct themselves in a proper and efficient manner at all
times. They shall cause the least possible annoyance to the public.
The City may require the Contractor to remove from the work site any employee(s)
deemed careless, incompetent, or otherwise objectionable, whose continued
employment on the job is considered to be contrary to the best interests of the City.
The Contractor shall have competent supervisors, who may be working supervisors,
on the job at all times work is being performed, who are capable of discussing
matters pertaining to this contract with the Project Manager. Adequate and
competent supervision shall provide for all work done by the contractor’s employees
to ensure accomplishment of high quality work, which will be acceptable to the
Project Manager.
Each Contractor crew shall have at least one English-speaking crew chief able to
translate directions to the remaining crewmembers.
1.7 COMPANY IDENTIFICATION
The employees shall wear clothing that identifies them as employees of the
Contractor’s company at all times they are working under this contract. Company
vehicles shall have a company-identifying marker prominently displayed.
1.8 SUBCONTRACTORS
All persons engaged in the work will be considered employees of the Contractor.
The Contractor shall be held directly responsible for the work of all employees.
1.9 REPAIRS TO EXISTING FACILITIES
All portions of existing structures, facilities, or equipment including irrigation systems,
which are damaged or altered in any way, as a result of the Contractor’s
performance shall be repaired or replaced to a like new condition. The Contractor at
no cost to the City shall perform all work of this kind. Repairs shall be made on the
day of damage or alteration, unless otherwise directed by the City.
1.10 VANDALISM
Existing structures, facilities, or equipment (including irrigation systems) which are
damaged or altered in any way, including acts of God, vandalism, vehicular damage,
theft, or other mysterious damages that are not a result of the Contractor, shall be
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repaired at City expense by the Contractor on a time and materials basis. This does
not include any irrigation riser and nipples that shall be repaired as routine
maintenance. The Contractor shall submit a weekly report of any damages that will
be billed to the City.
1.11 SAFETY REQUIREMENTS
All work performed under this contract shall be in such a manner as to provide
maximum safety to the public and where applicable comply with all safety standards
required by OSHA. The Project Manager reserves the right to stop the Contractor or
his crews when unsafe or harmful acts are observed or reported relative to the
performance of work under this contract.
1.12 HAZARDOUS CONDITIONS
The City will be responsible for all hazards in the contract areas that are not a result
of the Contractor’s work. The City will not be responsible for hazards created by the
negligence or omissions of the Contractor. Any hazardous condition noted by the
Contractor, which is not a result of his work, shall be immediately reported to the
Project Manager at 221-6365 or the Parks Division at 221-6660.
1.13 TRAFFIC CONTROL
The Contractor shall conduct the work at all times in a manner that will not interfere
with normal pedestrian traffic on adjacent sidewalks. Interference with vehicular
traffic shall be in accordance with the City’s traffic control policies and regulations.
1.14 MAINTENANCE PERFORMANCE INSPECTIONS
The City will inspect all areas under this contract for adherence to the specifications.
Any deficiencies or deviations in the work will be submitted to the Contractor for
immediate correction. See Work Evaluation Standards, Exhibit B.
1.16 PAYMENT PROCESS
The total bid will be divided by the number of months in the contract. Monthly billing
will then be based on the contract amount divided by the total number of months.
The Contractor will be paid monthly for work performed satisfactorily under this
contract. Within the first five days of the month, the contractor shall submit a
detailed report of maintenance performed in the prior month. The report shall
include (but not limited to) the following information: number of complete mowings,
number of complete irrigation inspections, schedule changes, major work to be
performed in the coming month, and any other pertinent information. The use of
pesticides or fertilizations shall be noted as to date, time, area and what material was
used. This report shall be accompanied by a billing in accordance with the contract
price for the work performed and shall become the basis for payment. The City may
withhold payment to such extent as may be necessary to protect the City from loss
due to work required in the specifications which is defective, inadequate, incomplete
or not performed.
1.17 SCHEDULING OF WORK
The Contractor shall accomplish all normal landscape maintenance required under
this contract between the hours of 7:00 a.m. and 6:00 p.m., Monday through
Saturday. No maintenance functions that generate excessive noise shall be
performed before 8:00 a.m. in residential areas (i.e. mowing).
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The contractor must also have the ability to respond to an urgent call within 45
minutes or less of receiving the call.
The Contractor shall establish a schedule of routine work to be followed in the
performance of this contract. A copy of this schedule shall be provided to the City at
the pre-work meeting and updated with the monthly submittal.
2.0 IRRIGATION
2.1 GENERAL
Irrigation shall be accomplished by the use of automatic sprinkler systems.
2.2 TIME OF OPERATION
The automatic sprinkler systems shall operate between the hours of 10:00 p.m. and
7:00 a.m. only. System checks may be run during the day and time shall be kept to a
minimum.
No make up watering will be allowed during the day. Newly planted sod or seed may
be watered up to twice during the day, but only with irrigation zones needed. During
periods of drought, predetermined city schedules may take precedence.
2.3 WATER APPLICATION RATES
The programming of all irrigation controllers shall be scheduled by a Certified
Irrigation Technician with one or more of the following certifications: “Associated
Landscape Contractors of Colorado” CLT-Irrigation, “Irrigation Association”,
Landscape Water Auditor, or “Irrigation Association” Certified Irrigation Designer.
The irrigation controllers shall be adjusted monthly to meet monthly ETs
(evaporation transpiration) averages.
Turf shall be irrigated to maintain horticulturally acceptable growth and color while
encouraging deep rooting. Trees and shrubs shall be watered to prevent wilting and
color loss. Water shall be applied so that runoff is avoided and applied to match the
needs of the turf, tree or shrub bed being irrigated. Daily watering shall be avoided,
every third day irrigation is recommended. Turf that shows signs of drought stress
(foot printing), wilting or browning shall receive immediate attention. Any loss of turf
shall require resodding at the Contractor’s expense. The Contractor shall submit a
scheduling report with scheduling criteria and each controller’s operating schedule.
Water use on turf areas shall be monitored and excessive water use as determined
by the Project Manager shall be at the Contractor’s expense.
2.4 TREE AND SHRUB BED IRRIGATION
Trees shall be watered so that they receive 40 gallons of water a week during May,
June, July, August and the first two weeks of September. Shrubs shall receive 5
gallons of water per week during the same time frame. Schedules may need to be
adjusted at the request of the Forestry Division. Mature areas that have irrigation
systems may not have this requirement, at the discretion of the Project Manager.
2.5 WATER CONSERVATION AND RESTRICTIONS
Watering schedules must meet restrictions set forth by the City of Fort Collins
Utilities. Any fines or penalties due to failure to follow watering restrictions will be the
responsibility of the Contractor. This is even more important in times of drought.
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2.6 OPERATION OF AUTOMATIC IRRIGATION CONTROLLERS
The Contractor shall protect the security of irrigation controllers by keeping the
controller cabinet doors locked at all times. Any stolen or vandalized controllers as a
result of unlocked cabinets shall be replaced at Contractor’s expense. Remote
control and hand held programmers shall be protected from theft and shall be
replaced at Contractor’s expense in case of loss or damage. Care should be
exercised in the operation of automatic controllers. Any defective or nonfunctioning
controller shall be reported to the Project Manager.
2.7 ROUTINE SYSTEM MAINTENANCE
The contractor shall perform routine maintenance on the sprinkler system
components on an every week to ten (10) day cycle. Routine maintenance shall
include the following maintenance tasks:
1. Unplugging components i.e. valves, heads, piping, etc. rendered
nonfunctional due to rock, rust, debris, etc. Making all routine arc
adjustments for part circle heads to promote optimum coverage.
2. Check controller programming and rescheduling as needed (refer
to 2.3 water application rates).
3. Repairing/replacing all broken risers and nipples. This applies to
all risers and nipples regardless of reason for failure.
4. Replacing batteries in controllers each spring and as needed.
Any replacement equipment or parts must be of the same brand, model number,
nozzle size and new unless authorized by the Project Manager. The Contractor shall
maintain all sprinkler systems in such a way as to insure proper coverage and full
working capability.
2.8 SPRINKLER SYSTEM REPAIR
Sprinkler system repair shall consist of those operations not covered in routine
sprinkler system maintenance. When the Contractor discovers a need for repair; he
shall make repairs immediately. For onetime repairs that exceed $200.00, the
Contractor shall notify the Project Coordinator for approval.
The Contractor shall make an itemized report on the monthly billing that list: man-
hours spent, parts used, location (closest address) and reason for each repair.
When the Contractor performs the repair work, it shall be charged at the per hour
rate on the bid form plus materials at contractor price. City may request invoices
from supply house to verify contractor pricing.
2.9 SPRINKLER SYSTEM SPRING ENERGIZATION
The Project Manager will schedule water turn-on through the Water Utility.
Contractor is not to turn any curb stop or street water valve. The Contractor shall
turn on each sprinkler system at the meter. Mainlines shall be filled slowly and each
zone activated by use of the automatic controller visually inspecting each head for
performance and coverage. Repairs will be made prior to system being used for
irrigation purposes. Visually inspect each backflow device for proper operation.
2.10 SPRINKLER SYSTEM WINTERIZATION
The Project Manager will schedule water turn-off through the Water Utility. The
Contractor shall turn off the sprinkler system at the meter. Air shall be forced
through the system via the blow out tubes on the systems. Air shall pass through
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each system expelling all water. Care shall be taken when blowing out, as excessive
pressure will damage the sprinkler system. It is recommended that air pressure
does not exceed normal irrigation system operation pressures. Backflow device ball
valves should be left in a partial open or partial closed position to prevent damage
from trapped water that will freeze. A second blow out may be necessary on larger
systems. Contractor will be responsible for any freeze damage. This should be
scheduled no later than October 31 (smaller systems and backflow devices will
freeze rapidly). Do not wrap backflow devices with insulation.
3.0 MOWING
3.1 IRRIGATED TURF GRASS MOWING
All lawn areas included in this contract shall be mowed with either power reel-type or
rotary mowers. The mower blades or reels shall be sharpened and maintained so as
to provide a smooth, even cut without tearing. The cutting adjustment will provide a
uniform, level cut without ridges or depressions. Mowing height shall be set at 2 ½” -
3”.
Mowing shall be performed so that no more than one-third (1/3) of the grass blade is
removed during each mowing in returning the grass to the accepted height or one
time per week whichever is most often. Mowing may be in excess of once per week
during fast growth periods.
Any damage to turf, trees, shrubs, sprinkler system components, buildings, or other
objects during trimming or mowing operations shall be repaired at the Contractor’s
expense.
3.2 MOWING FREQUENCY IRRIGATED TURF
All irrigated turf areas (including areas where only trees are irrigated) will be mowed
on a weekly basis or when a mowing would cut one third of the grass blade,
whichever is most often.
3.3 MOWING FREQUENCY NONIRRIGATED TURF
Mowing shall be performed depending on the growth of the turf. This turf will grow
rapidly in the early season and go dormant with the heat of summer and may pick up
again in the cool of fall. The last mowing should be timed to either pick up or mulch
the remaining leaves of the season. The Contractor should plan on 12 mowings
scheduled approximately as follows:
April #1
May #4
June #3
July #1
August #1
September #1
October #1
TOTAL #12
4.0 EDGING AND TRIMMING
4.1 TURF GRASS TRIMMING
After each mowing, the grass around all obstructions (such as vacuum breakers,
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fences, controllers, curbs, trees, etc.) will be trimmed to match the height of the open
turf areas. Trimming shall be accomplished around irrigation system sprinkler heads
as necessary to permit maximum water coverage by the system.
4.2 WEED EATER CARE
Extreme care shall be utilized when trimming around trees with any trimming device.
Any marks, chipped bark, or girdling by a string trimmer, mower or other device will
result in a penalty assessed by the Project Manager. The use of herbicides (i.e.
Roundup) around the tree trunks (no wider than eighteen (18) inches from the base)
is encouraged.
A representative from the Forestry Division is available to meet with Contractor
personnel to discuss turf trimming around trees and its effects on trees. The Project
Manager will discuss the resulting penalties with the Contractor.
5.0 CLIPPINGS REMOVAL
5.1 CLEANUP
Any visible grass clippings left on sidewalks, streets, or turf areas shall be removed
from the hard surfaces and excess on the turf shall be removed or spread to
eliminate dead spots from heavy turf clippings. This shall be done after each
mowing and trimming.
5.2 REMOVAL
If clippings are picked up due to heavy clumps they shall be removed to an approved
site, preferably for mulching. However, it is recommended that grass catchers not be
used as it causes loss of turf nutrients.
6.0 WEED CONTROL
6.1 WEED CONTROL IN TURF AREAS
All landscaped areas within the specified maintenance areas shall be kept free of
weeds. (WEEDS=Any plant material not intended for placement in the landscape.)
Weeding may be done manually or by the use of selective herbicide (2-4 D) and or
pre-emergent. The use of any restricted herbicides or soil sterilant is prohibited.
The Contractor shall use extreme care in the use of herbicides so as not to damage
desirable plants or the health of other humans or animals. The Contractor shall post
all areas with flags to indicate that a herbicide application has taken place (include
the company name and contact phone number). The flags shall be picked up three
working days after the herbicide application. Observation of the effectiveness of the
herbicide shall be monitored at this time. The Contractor shall follow any and all
State, County or local regulations pertaining to herbicide application and use, or any
weed ordinances that may be in effect.
The Contractor will replace any desirable plants or trees damaged beyond recovery
as a result of herbicide use. Herbicide use should not take place within the drip line
of any tree. Herbicide applications should be made on a timely basis to avoid seed
head development. Only one broadleaf weed application will be required per year for
non-irrigated turf grass. All irrigated turf grass shall be on an as needed basis. All
herbicide applications shall be recorded for the monthly report.
6.2 WEED CONTROL IN SHRUBS AND SHRUB BED AREAS
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Weed growth in shrubs and shrub beds shall be controlled on a minimum monthly
basis. Weeds and grass shall be removed by hand pulling only. Large mulched
areas may be approved for herbicide applications. Shrub beds shall be kept weed
and debris free.
7.0 OTHER TURF NEEDS
7.1 FERTILIZATION
The Contractor shall take soil samples and have them analyzed by a qualified
laboratory. Based on the soil report, the Contractor shall make a written
recommendation for fertilization requirements. A schedule for fertilization will be
drawn up and submitted for approval of the Project Manager.
A minimum of one spring and one late fall application would be needed for irrigated
turf. No fertilization will be required for non-irrigated turf or shrub beds.
8.0 LITTER, TRASH, DEBRIS AND PRUNNING
8.1 GENERAL
All areas covered under this contract shall be kept free of all trash, debris, tree limbs,
branches, and other foreign matter on a weekly basis during the growth season and
biweekly during the winter.
8.2 PREMOWING CLEANUP
The Contractor will remove all paper, tree branches and limbs, rubbish, or other
debris from each area prior to mowing. Mowing over paper and debris is considered
an unsafe and unacceptable practice.
8.3 SPRING CLEANUP
The Contractor during the first four weeks shall remove all debris, leaves, paper,
branches, rubbish, etc. from all areas before any other maintenance activities
commence.
8.4 FALL CLEANUP
During the term of this contract, leaves shall be the responsibility of the Contractor.
Removal or approved mowing with a mulching mower (attachment) shall be the
methods used to control the build up of falling leaves. The final mowing of the
season shall be after 90% of leaves have fallen to promote a well cared for looking
turf. Leaves must be removed from all shrub beds and areas where leaves collect
on both medians and parkways.
8.5 TREE SUCKER GROWTH
Suckers shall be removed from trees as they appear. Clipping them off shall be the
preferred method or as directed by Forestry Division personnel.
8.6 SHRUB PRUNNING
Shrubs and bushes shall be kept trimmed so that they hold a compact shape and do
not extend outside the median line or over splash block.
8.7 TREE PRUNNING
The City shall do all tree pruning. The Project Manager shall request any trees that
need to be pruned for safety of Contractor personnel through the City Forestry
Division. Contractor will request all tree pruning through the Project Manager.
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WORK EVALUATION STANDARDS
1.0 WORK RATING
The quality of work and performance are important to the City and reflect on the City and
Contractor. To establish compliance with the specifications found in Exhibit A, the following
penalties shall be used in case of insufficient performance by the Contractor. The Project
Manager shall rate the quality and performance.
1.1 PENALTIES
A penalty shall be invoked when an inspection report reveals a maintenance item
(i.e. mowing, trimming, sprinkler maintenance, weeding, trash pickup, etc.) was done
unsatisfactorily in accordance with the standards set forth in Exhibit A. The
Contractor will be given a minimum of two working days to correct the deficient work.
If the work after this time period remains unsatisfactory, the following percentage of
the total calculated monthly billing would be deducted as penalty:
Number of Deficient Degree of Penalty
Maintenance Operations
1 5% of monthly billing
2 10% of monthly billing
3 15% of monthly billing
4 20% of monthly billing
5 or more 25% of monthly billing
At the point of more than five (5) deficient operations, the Contractor may be found in
default of the contract and removed for no cause.
Damage to trees by string trimmers or mowers will be penalized at $25.00 per
occurrence. If the project manager were notified prior to an inspection notice, the
penalty would be reduced to $10.00. Any penalties would be deducted from the next
monthly billing.
1.2 PENALTY EXAMPLES
1. Example Number One
Calculated monthly price = $8,000.00
Inspection report for June 8, 2004, shows trimming was missed or poorly
done on College Avenue Frontage Road between Rutgers and Columbia.
The Contractor is given two (2) working days to properly perform the work. If
after this time (two working days), the work is still unsatisfactory, a penalty of
5% or $400.00 will be deducted from the next monthly invoice.
If the work is satisfactorily performed within the two-day period, no penalty
will be deducted from the monthly invoice for that period.
2. Example Number Two
Inspection report of July 15, 2004 shows that on Mountain Avenue a drink
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cup was shredded by a mower and is now part of the landscape. There is a
sprinkler head in the 1000 block that is spraying water into traffic while
operating. The tree furthest west on the median in the 300 block has a
gouge in the bark with red paint similar to the mower generally used by the
Contractor on Mountain Avenue and there are mower tracks in the dirt at the
base of the tree.
The Contractor is given two days to correct problems #1 and #2.
However the tree damage is not repairable and a penalty of $25 is assessed
and unrecoverable.
After two days an inspection shows that the drink cup fragments have been
removed but the sprinkler head is still washing cars.
A penalty of $425.00 will be deducted from the monthly billing.
If the Contractor notifies the Project Coordinator, prior to the inspection report
being faxed, about the tree damage the penalty will only be $10.00. And the
$400.00 would still be assessed for the sprinkler.
If none of the work is done then $825.00 will be assessed against the
monthly billing.
3. Example Number Three
In example number two the drink cup was removed and the sprinkler was still
washing cars after two days. The $400.00 penalty is assessed.
An inspection report on the following week shows that the sprinkler is still
washing cars and now there is a brown spot developing in front of the
sprinkler in the turf.
The Contractor is given two working days to correct the problem.
A follow-up inspection shows the sprinkler has been adjusted but the brown
spot remains. No penalty is assessed even though the brown spot remains.
If the problem is not corrected a penalty of an additional $800.00 is assessed
against the monthly billing.
1.3 NONRECOVERY OF PENALTY BY CONTRACTOR
1. Money withheld as a penalty from any monthly payment due the
Contractor will be considered a forfeiture on the part of the Contractor and
not recoverable.
2. The intent of this contract is to provide a well maintained landscaped with
regard to the specifications. Adherence to the specifications will make it
unnecessary to invoke penalties.
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MEDIANS/FRONTAGES/PARKWAYS
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SERVICES 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 , 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 pages and
incorporated herein by this reference.
2. The Work Schedule. [Optional] The services to be performed pursuant to this
Agreement shall be performed in accordance with the Work Schedule attached hereto as Exhibit
"B", consisting of ____ (____) page[s], and incorporated herein by this reference.
3. Time of Commencement and Completion of Services. The services to be performed
pursuant to this Agreement shall be initiated within ______________ (____) days following
execution of this Agreement. Services shall be completed no later than _______________. Time is
of the essence. Any extensions of the time limit set forth above must be agreed upon in a writing
signed by the parties.
4. Contract Period. [Option 1] 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
for one (1) year, 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.
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4. Contract Period. [Option 2] This Agreement shall commence ________, 200_, and
shall continue in full force and effect until ________, 200_, 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 ___ (_) 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.
5. Delay. If either party is prevented in whole or in part from performing its obligations
by unforeseeable causes beyond its reasonable control and without its fault or negligence, then the
party so prevented shall be excused from whatever performance is prevented by such cause. To
the extent that the performance is actually prevented, the Service Provider must provide written
notice to the City of such condition within fifteen (15) days from the onset of such condition.
[Early Termination clause here as an option.
6. Early Termination by City/Notice. Notwithstanding the time periods contained herein,
the City may terminate this Agreement at any time without cause by providing written notice of
termination to the Service Provider. Such notice shall be delivered at least fifteen (15) days prior to
the termination date contained in said notice unless otherwise agreed in writing by the parties. All
notices provided under this Agreement shall be effective when mailed, postage prepaid and sent to
the following addresses:
City:
City of Fort Collins
Attn: Purchasing
PO Box 580
Fort Collins, CO 80522
Copy to:
City of Fort Collins
Attn:
PO Box 580
Fort Collins, CO 80522
Service Provider:
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.
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7. 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 pages, and incorporated herein by this reference.
8. City Representative. The City will designate, prior to commencement of the work, its
representative who shall make, within the scope of his or her authority, all necessary and proper
decisions with reference to the services provided under this agreement. All requests concerning this
agreement shall be directed to the City Representative.
9. Independent Service provider. The services to be performed by Service Provider are
those of an independent service provider and not of an employee of the City of Fort Collins. The
City shall not be responsible for withholding any portion of Service Provider's compensation
hereunder for the payment of FICA, Workmen's Compensation or other taxes or benefits or for any
other purpose.
10. Personal Services. It is understood that the City enters into the Agreement based on
the special abilities of the Service Provider and that this Agreement shall be considered as an
agreement for personal services. Accordingly, the Service Provider shall neither assign any
responsibilities nor delegate any duties arising under the Agreement without the prior written
consent of the City.
11. Acceptance Not Waiver. The City's approval or acceptance of, or payment for any of
the services shall not be construed to operate as a waiver of any rights or benefits provided to the
City under this Agreement or cause of action arising out of performance of this Agreement.
12. Warranty.
(a) Service Provider warrants that all work performed hereunder shall be
performed with the highest degree of competence and care in accordance
with accepted standards for work of a similar nature.
(b) Unless otherwise provided in the Agreement, all materials and equipment
incorporated into any work shall be new and, where not specified, of the most
suitable grade of their respective kinds for their intended use, and all
workmanship shall be acceptable to City.
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(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.
13. Default. Each and every term and condition hereof shall be deemed to be a material
element of this Agreement. In the event either party should fail or refuse to perform according to the
terms of this agreement, such party may be declared in default thereof.
14. Remedies. In the event a party has been declared in default, such defaulting party
shall be allowed a period 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.
15. Binding Effect. This writing, together with the exhibits hereto, constitutes the entire
agreement between the parties and shall be binding upon said parties, their officers, employees,
agents and assigns and shall inure to the benefit of the respective survivors, heirs, personal
representatives, successors and assigns of said parties.
16. Indemnity/Insurance.
a. The Service Provider agrees to indemnify and save harmless the City, its officers,
agents and employees against and from any and all actions, suits, claims, demands or
liability of any character whatsoever brought or asserted for injuries to or death of any person
or persons, or damages to property arising out of, result from or occurring in connection with
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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.
17. Entire Agreement. This Agreement, along with all Exhibits and other documents
incorporated herein, shall constitute the entire Agreement of the parties. Covenants or
representations not contained in this Agreement shall not be binding on the parties.
18. Law/Severability. The laws of the State of Colorado shall govern the construction
interpretation, execution and enforcement of this Agreement. In the event any provision of this
Agreement shall be held invalid or unenforceable by any court of competent jurisdiction, such
holding shall not invalidate or render unenforceable any other provision of this Agreement.
19. Prohibition Against Employing Illegal Aliens. Pursuant to Section 8-17.5-101, C.R.S.,
et. seq., Service Provider represents and agrees that:
a. As of the date of this Agreement:
1. Service Provider does not knowingly employ or contract with an illegal
alien who will perform work under this Agreement; and
2. Service Provider will participate in either the e-Verify program created in
Public Law 208, 104th Congress, as amended, and expanded in Public Law 156,
108th Congress, as amended, administered by the United States Department of
Homeland Security (the “e-Verify Program”) or the Department Program (the
“Department Program”), an employment verification program established pursuant to
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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.
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20. Special Provisions. [Optional] Special provisions or conditions relating to the services
to be performed pursuant to this Agreement are set forth in Exhibit " ", consisting of
( ) pages, attached hereto and incorporated herein by this reference.
CITY OF FORT COLLINS, COLORADO
a municipal corporation
By:_______________________________
James B. O'Neill II, CPPO, FNIGP
Director of Purchasing and Risk Management
Date:_____________________________
ATTEST:
_________________________________
City Clerk
APPROVED AS TO FORM:
________________________________
Assistant City Attorney
By:_______________________________
__________________________________
PRINT NAME
__________________________________
CORPORATE PRESIDENT OR VICE PRESIDENT
Date:_____________________________
ATTEST: (Corporate Seal)
_____________________________
CORPORATE SECRETARY
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:
1. 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.
Financial Services
Purchasing Division
215 N. Mason St. 2nd Floor
PO Box 580
Fort Collins, CO 80522
970.221.6775
970.221.6707
fcgov.com/purchasing
ADDENDUM No. 1
SPECIFICATIONS AND CONTRACT DOCUMENTS
Description of 6127: Streetscape Maintenance Services
OPENING DATE: 3:30 P.M. (Our Clock) December 12, 2008
To all prospective bidders under the specifications and contract documents described
above, the following changes are hereby made.
CHANGE:
1. The bid opening time has been changed to 3:30 P.M.
2. Hourly man hour cost:
Irrigation Technician hourly cost: To be applied for irrigation technical work such
as adjusting irrigation controller, trouble shooting irrigation system problems,
technical repairs such as wiring at controller and valves, replacing and repairs of
controller and valves and system modifications. Other like jobs.
Labor hourly cost: To be applied to manual labor jobs and routine irrigation duties.
Examples: Digging, pipe repairs, nozzle and head replacement , turf repair and
other routine turf and irrigation maintenance. Other like duties.
3. Pesticide License requirement:
Contractor should possess and maintain appropriate applicators license as required
by the Colorado Department of Agriculture.
4. Soil sample requirement:
If recommended fertilizers are not achieving desirable results, it will be the
responsibility of the contractor (at the request of the contract manager) to have a soil
sample taken from the problem area. Multiple samples shall be removed from the
targeted area to be tested. Testing should be performed by a credited research
facility such as Colorado State University. Cost for testing will be the responsibility of
the contractor.
Recommend fertilizer blends for spring and fall are as followed:
Spring N20 P5 K10 with 3% Fe 10%S and 50% Sulfur Coated Urea as the
Nitrogen form.
Fall N24 P0 K12 with 3% Fe 12%S and 50% Sulfur Coated Urea as the
Nitrogen form.
One lbs of nitrogen per 1000 sq ft shall be applied per application.
Sidewalks and other hard surfaced areas are to be cleaned after fertilizer has
been applied to avoid staining from the iron.
5. Nose caps of landscaped, turf, mulched, rocked or anything other then concrete fall
under a part of the continued median or streetscape to be maintained.
6. Medians and Streetscape link: http://www.fcgov.com/gis/maps.php
7. Revised bid schedule attached.
Please contact John D. Stephen, CPPO, 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 BID/QUOTE STATING THAT THIS ADDENDUM
HAS BEEN RECEIVED.
BID #6127
STREETSCAPE MAINTENANCE SERVICES
BID OPENING: December 12, 2008, 3:00p.m., (our clock)
WE HEREBY ENTER OUR BID FOR THE CITY OF FORT COLLINS REQUIREMENTS
FOR STREETSCAPE MAINTENANCE SERVICES PER THE BID INVITATION AND
ANY REFERENCED SPECIFICATIONS:
The City Of Fort Collins is requesting bids for annual mowing, trimming, irrigation repair,
weed control and other work as needed in City owned medians and streetscapes. This
is a one year agreement and 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.
BID SCHEDULE ADDENDUM 1
Contract will be awarded on totals of Section A-F plus irrigation and labor cost.
Streetscape Maintenance
Section A $_________________
Section B $_________________
Section C $_________________
Section D $_________________
Section E $_________________
Section F $_________________
Irrigation Technician 200 Man Hours x Labor Cost $_________________
Labor 150 Man Hours x Labor Cost $_________________
Grand Total $_________________
Extra Irrigation Technician Cost/Man Hour $_________________
Extra Labor Cost/Man Hour $_________________
FIRM NAME____________________________________________
Are you a Corporation, Partnership, DBA, LLC, or PC
SIGNATURE________________________ Printed ____________________
ADDRESS______________________________________________
______________________________________________
PHONE/FAX # __________________________________________
E-MAIL ______________________________________________