Loading...
HomeMy WebLinkAboutMULTIPLE VENDORS AWARDED - CONTRACT - BID - 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 KEN FISHER, 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 Services Agreement - Ken Fisher 7651 Hay Harvesting at Natural Areas Page 1 of 15 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. Reservoir Ridge NA (Andrijeski parcel) — Northwest 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 Services Agreement— Ken Fisher 7651 Hay Harvesting at Natural Areas Page 10 of 15 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: 2. Bobcat Ridge: (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: 3. Eagle View: (check one) Contractor pays City of Fort Collins Services Agreement — Ken Fisher 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 $ 15-16 Q Cash or Certified check only Total in Words: Fi10_e rli Dollars FIRM Are you a Corporation, Partnership, DBA, RW .:9 EMAIL:.. . Services Agreement — Ken Fisher 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: 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. Services Agreement — Ken Fisher 7651 Hay Harvesting at Natural Areas Page 14 of 15 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. Services Agreement— Ken Fisher 7651 Hay Harvesting at Natural Areas Page 15 of 15 11 SARKIN 11 BUREAU 11 `INSURANCE EVIDENCE OF FARM LIABILITY AND/OR FARM MOTOR VEHICLE COVERAGE DATE: 8/12/14 This Evidence of Coverage is issued as a matter of information only and confers no rights upon the Holder. This Evidence of Insurance does not amend, extend, or alter the coverage(s) afforded by the Colorado Farm Bureau Mutual Insurance Company policy below. INSURER: Colorado Farm Bureau Mutual Insurance Company 9177 E Mineral Circle, Centennial Co, 80112 INSURED Kenneth P and Linda L Fisher Living Trust Kenneth Fisher 4916 Bingham Hill Rd Ft Collins Co 80521 M ADDITIONAL INSURED: City of Ft Collins EVIDENCE OF INSURANCE HOLDER City of Ft Collins 215 N Mason St Ft Collins Co 80524 ® CANCELLATION: Should the below described policy be canceled before the expiration date thereof, we will endeavor to mail 10 days written notice to evidence holder but failure to do so shall impose no obligation or liability of any kind upon the insurer, its agents or representative. The policies of insurance listed below have been issued to the insured shown above for the policy period indicated. Notwithstanding any requirement, tens or condition of any contract or other document with respect to which this Evidence of Insurance may be issued or may pertain. The insurance afforded by the policies described herein is subject to all the terms, exclusions and conditions of such policies. Aggregate limits shown may have been reduced by paid claims. COVERAGE INFORMATION POLICY NUMBER CS218602 FARM LIABILITY ® Occurrence ® Contractual Liability ® Medical Payments to Others MOTOR VEHICLE LIABILITY ® Scheduled Autos ® Non -owned Autos POLICY EFFECTIVE DATE POLICY EXPIRATION DATE 11 /20/13 11 /20/14 FARM AND RANCH UMBRELLA -EXCESS LIABILITY ❑ Occurrence LIMITS Each Occurrence $600,000 * (see below for SPECIAL PROVISIONS) Each person $1,000 LIMITS Bodily Injury each Person $300,000 Bodily Injury each Accident $500,000 Property Damage each Accident $300,000 LIMITS Each occurrence $ Annual Aggregate $ * SPECIAL PROVISIONS "Insured contract" means: 1. A contract for a lease of premises or land. However, that portion of the contract for a lease of premises or land that indemnifies any person or organization for damage by fire to premises while rented to the insured or temporarily occupied by the insured with permission of the Evidence of Insurance holder is not an insured contract, 2. A sidetrack agreement; 3. Any easement or license agreement except in connection with construction or demolition operations on or within 50 feet of a railroad; 4. An obligation, as required by ordinance or statute, to indemnify a governmental entity, except in connection with work for a municipality; and 5. An elevator maintenance agreement. Disclaimer- this Evidence of Insurance does not constitute a contract between Colorado Farm Bureau Mutual Insurance Company, its authorized representative or producer, and the Evidence of Insurance Holder, nor does it amend, extend or alter the coverage afforded by the policies shown above. CS-1001 (2109) Colorado Farm Bureau Mutual Insurance Company 9177 E. Mineral Circle I Centennial, CO 80112 U C 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: Ken Fisher 4916 Bingham Hill Road Fort Collins, CO 80521 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, Fifteen Dollars ($15) 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 Services Agreement — Ken Fisher 7651 Hay Harvesting at Natural Areas Page 2 of 15 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 Services Agreement — Ken Fisher 7651 Hay Harvesting at Natural Areas Page 3 of 15 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 Services Agreement — Ken Fisher 7651 Hay Harvesting at Natural Areas Page 4 of 15 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. Services Agreement — Ken Fisher 7651 Hay Harvesting at Natural Areas Page 5 of 15 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. Services Agreement — Ken Fisher 7651 Hay Harvesting at Natural Areas Page 6 of 15 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 Services Agreement —Ken Fisher 7651 Hay Harvesting at Natural Areas Page 7 of 15 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. C a By: V I v Gerry Paul Director of Purchasing and Risk Management Date: oe/ KEN FISHER PRINT NAME awn-er TITLE Date: Services Agreement — Ken Fisher 7651 Hay Harvesting at Natural Areas Page 8 of 15 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. Reservoir Ridge (Andrijeski parcel) — approximately 49 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 101h 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. Services Agreement — Ken Fisher 7651 Hay Harvesting at Natural Areas Page 9 of 15