HomeMy WebLinkAbout403996 VAN BREWSTER - CONTRACT - RFP - 7651 HAY HARVESTING AT NATURAL AREASSERVICES 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 VAN BREWSTER, 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 three (3) pages and
incorporated herein by this reference. Irrespective of references in Exhibit A to certain
named third parties, Professional shall be solely responsible for performance of all duties
hereunder.
2. Contract Period. This Agreement shall commence July 1, 2014, and shall continue in full
force and effect until June 30, 2015, 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 ninety (90) days prior to contract
end.
3. Delay. If either party is prevented in whole or in part from performing its obligations by
unforeseeable causes beyond its reasonable control and without its fault or negligence,
then the party so prevented shall be excused from whatever performance is prevented by
such cause. To the extent that the performance is actually prevented, the Service
Provider must provide written notice to the City of such condition within fifteen (15) days
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10. Service Provider must adhere to any applicable Larimer County fire restrictions.
11. The City is not responsible for property damages caused by the contractor (fire or
otherwise).
12. If nesting birds are observed in the tract to be hayed, all efforts must be made to avoid
the nest.
13. Natural Areas may (but will not be required to) offer opportunities for additional acreage
for the Service Provider to hay on the designated Natural Area or other City properties
within a geographical district. Service Provider agrees to negotiate in good faith with the
City to reach agreeable terms on the additional acreage. If City deems Service Provider
has not acted in good faith or contractor continually rejects the City's requests to hay
additional acreage, the City at its sole discretion may terminate the agreement.
a. Geographical districts are associated with specific properties. As the successful
Service Provider for the afore mentioned property, a haying district will also be
assigned to you. The districts associated with the properties are as follows:
i. Bobcat Ridge NA — Southwest District
14. Natural Areas may add or remove acreage from haying on the property for different
management purposes. Contractor will only be responsible for the actual acreage hayed.
15. Natural Areas contact:
Daylan Figgs
Natural Areas
215 N Mason
PO Box 580
Fort Collins, CO 80522-0580
Office 970 416-2814
Cell 970 217-5968
Email dfiggs@fcgov.com
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No Text
EXHIBIT B
COMPENSATION
BID PROPOSAL
BID 7651 Hay Harvesting at Natural Areas
BID OPENING: June 12, 2014 at 3:00 p.m., (our clock)
WE HEREBY ENTER OUR BID FOR THE CITY OF FORT COLLINS' REQUIREMENTS FOR
HAY HARVESTING AT NATURAL AREAS PER THE BID INVITATION AND ANY
REFERENCED SPECIFICATIONS AND DRAWINGS:
The City of Fort Collins is requesting bids for hay harvesting on several Natural Areas located
within and near Fort Collins. Vegetation to be hayed consists of irrigated and dryland smooth
brome or smooth brome/alfalfa mix. The successful bidder will be responsible for cutting,
baling, and removing all hay from the properties. Cutting shall begin no earlier than July 10,
2014.
Natural Areas include:
1. Arapaho Bend— approximately 18 acres
2. Bobcat Ridge —approximately 120 acres
3. Eagle View —approximately 44 acres
4. Reservoir Ridge (Andrijeski parcel) —approximately 49 acres
BID SCHEDULE
The City reserves the right to award In the best Interest of the City and may award as a
group or on an individual basis. Contractors can select one or more sites to bid on and must
bid each property separately on the bid schedule below.
1. Arapaho Bend: (check one)
Contractor pays City of Fort Collins
City of Fort Collins pays Contractor
Price per Acre $ Cash or Certified check only
Total in Words: Dollars
2. Bobcat Ridge: (check one)
y/Contractor pays City of Fort Collins
City of Fort Collins pays Contractor
Price per Acre $ ate�, c����� Cash or Certified check only
Total in Words:
3. Eagle View: (check one)
Contractor pays City of Fort Collins
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7651 Hay Harvesting at Natural Areas Page 12 of 15
City of Fort Collins pays Contractor
Price per Acre $ Cash or Certified check only
Total in Words:
4. Reservoir Ridge (Andriieski parcel): (check one)
Contractor pays City of Fort Collins
City of Fort Collins pays Contractor
Price per Acre $ Cash or Certified check only
Total in Words:
FIRM NAME V 4 ✓i j6r 'eiV6-ler
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Signature Printed
PHONEWAX# 02/%-6(��
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7651 Hay Harvesting at Natural Areas Page 13 of 15
EXHIBIT C
INSURANCE REQUIREMENTS
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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EXHIBIT D
CONFIDENTIALITY
IN CONNECTION WITH SERVICES provided to the City of Fort Collins (the "City") pursuant to
this Agreement (the "Agreement"), the Service Provider hereby acknowledges that it has been
informed that the City has established policies and procedures with regard to the handling of
confidential information and other sensitive materials.
In consideration of access to certain information, data and material (hereinafter individually and
collectively, regardless of nature, referred to as "information") that are the property of and/or
relate to the City or its employees, customers or suppliers, which access is related to the
performance of services that the Service Provider has agreed to perform, the Service Provider
hereby acknowledges and agrees as follows:
That information that has or will come into its possession or knowledge in connection with the
performance of services for the City may be confidential and/or proprietary. The Service
Provider agrees to treat as confidential (a) all information that is owned by the City, or that
relates to the business of the City, or that is used by the City in carrying on business, and (b) all
information that is proprietary to a third party (including but not limited to customers and
suppliers of the City). The Service Provider shall not disclose any such information to any
person not having a legitimate need -to -know for purposes authorized by the City. Further, the
Service Provider shall not use such information to obtain any economic or other benefit for itself,
or any third party, except as specifically authorized by the City.
The foregoing to the contrary notwithstanding, the Service Provider understands that it shall
have no obligation under this Agreement with respect to information and material that (a)
becomes generally known to the public by publication or some means other than a breach of
duty of this Agreement, or (b) is required by law, regulation or court order to be disclosed,
provided that the request for such disclosure is proper and the disclosure does not exceed that
which is required. In the event of any disclosure under (b) above, the Service Provider shall
furnish a copy of this Agreement to anyone to whom it is required to make such disclosure and
shall promptly advise the City in writing of each such disclosure.
In the event that the Service Provider ceases to perform services for the City, or the City so
requests for any reason, the Service Provider shall promptly return to the City any and all
information described hereinabove, including all copies, notes and/or summaries (handwritten or
mechanically produced) thereof, in its possession or control or as to which it otherwise has
access.
The Service Provider understands and agrees that the City's remedies at law for a breach of the
Service Provider's obligations under this Confidentiality Agreement may be inadequate and that
the City shall, in the event of any such breach, be entitled to seek equitable relief (including
without limitation preliminary and permanent injunctive relief and specific performance) in
addition to all other remedies provided hereunder or available at law.
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4.
5.
Q
7
from the onset of such condition.
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:
Service Provider:
Van Brewster
2132NCR25E
Bellvue, CO 80512
City:
City of Fort Collins
Attn: Justin Scharton
PO Box 580
Fort Collins, CO 80522
Copy to:
City of Fort Collins
Attn: Purchasing Dept.
PO Box 580
Fort Collins, CO 80522
In the event of early termination by the City, the Service Provider shall be paid for services
rendered to the date of termination, subject only to the satisfactory performance of the
Service Provider's obligations under this Agreement. Such payment shall be the Service
Provider's sole right and remedy for such termination.
Contract Sum. The Service Provider shall pay the City for the performance of this
Contract, subject to additions and deletions provided herein, Twenty —Five Dollars ($25)
per acre as per the attached Exhibit "B", consisting of two (2) pages, and incorporated
herein by this reference.
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.
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
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compensation hereunder for the payment of FICA, Workmen's Compensation or other
taxes or benefits or for any other purpose.
8. Subcontractors. Service Provider may not subcontract any of the Work set forth in the
Exhibit A, Statement of Work without the prior written consent of the city, which shall not
be unreasonably withheld. If any of the Work is subcontracted hereunder (with the
consent of the City), then the following provisions shall apply: (a) the subcontractor must
be a reputable, qualified firm with an established record of successful performance in its
respective trade performing identical or substantially similar work, (b) the subcontractor will
be required to comply with all applicable terms of this Agreement, (c) the subcontract will
not create any contractual relationship between any such subcontractor and the City, nor
will it obligate the City to pay or see to the payment of any subcontractor, and (d) the work
of the subcontractor will be subject to inspection by the City to the same extent as the
work of the Service Provider.
9. 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.
10. 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.
11. Warranty.
a. Service Provider warrants that all work performed hereunder shall be performed with
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the highest degree of competence and care in accordance with accepted standards for
work of a similar nature.
b. Unless otherwise provided in the Agreement, all materials and equipment incorporated
into any work shall be new and, where not specified, of the most suitable grade of their
respective kinds for their intended use, and all workmanship shall be acceptable to
City.
c. Service Provider warrants all equipment, materials, labor and other work, provided
under this Agreement, except City -furnished materials, equipment and labor, against
defects and nonconformances in design, materials and workmanship/workwomanship
for a period beginning with the start of the work and ending twelve (12) months from
and after final acceptance under the Agreement, regardless whether the same were
furnished or performed by Service Provider or by any of its subcontractors of any tier.
Upon receipt of written notice from City of any such defect or nonconformances, the
affected item or part thereof shall be redesigned, repaired or replaced by Service
Provider in a manner and at a time acceptable to City.
12. 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.
13. 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
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attorney fees and costs incurred because of the default.
14. 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.
15. Indemnity/Insurance.
a. The Service Provider agrees to indemnify and save harmless the City, its officers,
agents and employees against and from any and all actions, suits, claims, demands or
liability of any character whatsoever brought or asserted for injuries to or death of any
person or persons, or damages to property arising out of, result from or occurring in
connection with the performance of any service hereunder.
b. The Service Provider shall take all necessary precautions in performing the work
hereunder to prevent injury to persons and property.
c. Without limiting any of the, Service Provider's obligations hereunder, the Service
Provider shall provide and maintain insurance coverage naming the City as an
additional insured under this Agreement of the type and with the limits specified within
Exhibit 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.
16. 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.
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17. 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.
18. Prohibition Against Employing Illegal Aliens. Pursuant to Section 8-17.5-101, C.R.S., et.
seq., Service Provider represents and agrees that:
a. As of the date of this Agreement:
1. Service Provider does not knowingly employ or contract with an illegal alien who
will perform work under this Agreement; and
2. Service Provider will participate in either the e-Verify program created in Public
Law 208, 104th Congress, as amended, and expanded in Public Law 156, 108th
Congress, as amended, administered by the United States Department of
Homeland Security (the "e-Verify Program") or the Department Program (the
."Department Program"), an employment verification program established pursuant
to Section 8-17.5-102(5)(c) C.R.S. in order to confirm the employment eligibility of
all newly hired employees to perform work under this Agreement.
b. Service Provider shall not knowingly employ or contract with an illegal alien to perform
work under this Agreement or knowingly enter into a contract with a subcontractor that
knowingly employs or contracts with an illegal alien to perform work under this
Agreement.
c. Service Provider is prohibited from using the e-Verify Program or Department Program
procedures to undertake pre -employment screening of job applicants while this
Agreement is being performed.
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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.
19. Special Provisions. Special provisions or conditions relating to the services to be
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performed pursuant to this Agreement are set forth in Exhibit "D" - Confidentiality,
consisting of one (1) page, attached hereto and incorporated herein by this reference.
CITY OF FORT COLLINS, COLORADO
a municipal pora n
,/By:
Gerry Paul
Director of Purchasing and Risk Management
Date:
VAN BREWSTER
PRINT NAME
Date: %" 30 -116
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EXHIBIT A
SCOPE OF WORK
Service Provider will provide hay,cutting services on specified Natural Area(s) located within
and near Fort Collins. Vegetation to be hayed consists of irrigated and dryland smooth brome or
smooth brome/alfalfa mix. Service Provider will be responsible for cutting, baling, and removing
all hay from the properties specified below. Hay cutting shall begin no earlier than July 10, of
any year.
Service Provider is responsible for the following Natural Area(s):
1. Bobcat Ridge — approximately 120 acres
Approximate areas for hay harvesting are shown on the attached maps and are based on
locations of hay cut during previous years. Service Provider must assume responsibility for
locating and avoiding irrigation ditches and other obstacles.
Payment: Payment from Contractor is due to City for haying, 50% of the anticipated payment
shall be due prior to Contractor haying, with final payment due 30 days after the haying is
completed based on the actual number of acres hayed.
Guidelines for haying:
1. Notify Natural Areas contact prior to entering any of the designated properties for haying.
2. Cut hay only on those tracts designated or as directed by Natural Areas.
3. NO HAYING SHALL OCCUR PRIOR TO JULY 10`h OF ANY YEAR TO ALLOW FOR
GROUND NESTING BIRD BREEDING HABITAT.
4. Each property shall be hayed each year unless exception granted by Natural Areas.
Failure to hay property as agreed upon will constitute a failure to perform and may be
cause for termination of agreement.
5. Use only existing roads or lanes and designated access points.
6. All hay must be removed from the property within 72 hours after baling. If weather
conditions do not allow hay removal, you must contact Natural Areas for an extension.
7. Do not enter fields when muddy.
8. Equipment can be stored on the property for a time period not to exceed 120 hours (5
days). If an extension is needed, you must contact Natural Areas. If equipment is
stored on site, the following areas, by priority, are available for storage:
a. Parking lots
b. Interior roads within the tract cut for hay. Grass around the equipment must be
mowed.
c. Edges or corners of tract cut for hay. Grass around the equipment must be
mowed.
9. Service Provider must have a fire extinguisher on site.
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