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578809 ALL TERRAIN PONDS AND SPRINKLERS - CONTRACT - RFP - 8731 LANDSCAPE & IRRIGATION MAINTENANCE SERVICES
Service Agreement – Work Order Type 8731 Landscape & Irrigation Maintenance Services Page 1 of 45 SERVICES AGREEMENT WORK ORDER TYPE THIS AGREEMENT made and entered into the day and year set forth below, by and between THE CITY OF FORT COLLINS, COLORADO, a Municipal Corporation, hereinafter referred to as the "City" and ALL TERRAIN PONDS AND SPRINKLERS, LLC DBA ALL TERRAIN LANDSCAPING, hereinafter referred to as "Service Provider". WITNESSETH: In consideration of the mutual covenants and obligations herein expressed, it is agreed by and between the parties hereto as follows: 1. Services to be Performed. a. This Agreement shall constitute the basic agreement between the parties for services for 8731 Landscape & Irrigation Maintenance Services. The conditions set forth herein shall apply to all services performed by the Service Provider on behalf of the City and particularly described in Work Orders agreed upon in writing by the parties from time to time. Such Work Orders, a sample of which is attached hereto as Exhibit A, consisting of one (1) page and incorporated herein by this reference, shall include a description of the services to be performed, the location and time for performance, the amount of payment, any materials to be supplied by the City and any other special circumstances relating to the performance of services. A general scope of services is attached hereto as Exhibit C, consisting of 33 (thirty-three) pages, and incorporated herein by this reference. The only services authorized under this Agreement are those which are performed after receipt of such Work Order, except in emergency circumstances where oral work requests may be issued. Oral requests for emergency actions will be confirmed by issuance of a written Work Order within two (2) working days. Irrespective of references in Exhibit A to certain named third parties, Service Provider shall be solely responsible for performance of all duties hereunder. b. The City may, at any time during the term of a particular Work Order and without invalidating such Work Order, make changes to the scope of the particular services. Such changes shall be agreed upon in writing by the parties by Change Order, a sample of which is attached hereto as Exhibit B, consisting of one (1) page and incorporated herein by this reference. 2. Changes in the Work. The City reserves the right to independently bid any services rather than issuing work to the Service Provider pursuant to this Agreement. Nothing within this Agreement shall obligate the City to have any particular service performed by the Service Provider. 3. Time of Commencement and Completion of Services. The services to be performed DocuSign Envelope ID: 21E3C89D-70A9-4F4A-8E2A-9CC472E76AD2 Service Agreement – Work Order Type 8731 Landscape & Irrigation Maintenance Services Page 2 of 45 pursuant to this Agreement shall be initiated as specified by each written Work Order or oral emergency service request. Oral emergency service requests will be acted upon without waiting for a written Work Order. Time is of the essence. 4. Contract Period. This Agreement shall commence November 1, 2018 and shall continue in full force and effect until October 31, 2019, 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 thirty (30) days prior to contract end. 5. Delay. If either party is prevented in whole or in part from performing its obligations by unforeseeable causes beyond its reasonable control and without is fault or negligence, then the party so prevented shall be excused from whatever performance is prevented by such cause. To the extent that the performance is actually prevented, the Service Provider must provide written notice to the City of such condition within fifteen (15) days from the onset of such condition. 6. Early Termination by City/Notices. Notwithstanding the time periods contained herein, the City may terminate this Agreement at any time without cause by providing written notice of termination to the Service Provider. Such notice shall be mailed at least fifteen (15) days prior to the termination date contained in said notice unless otherwise agreed in writing by the parties. All notices provided under this Agreement shall be effective when mailed, postage prepaid and sent to the following address: Service Provider: City: Copy to: All Terrain Ponds and Sprinklers, LLC dba All Terrain Landscaping Attn: Jason Thomas Yeater 5312 W. 9th St Dr, 120 Greeley, CO 80634 City of Fort Collins Attn: Jill Wuertz PO Box 580 Fort Collins, CO 80522 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 termination date, subject only to the satisfactory performance of the Service Provider's obligations under this Agreement. Such payment shall be the Service Provider's sole right and remedy for such termination. 7. Contract Sum. This is an open-end indefinite quantity Agreement with no fixed price. The actual amount of work to be performed will be stated on the individual Work Orders. The City makes no guarantee as to the number of Work Orders that may be issued or the actual amount of services which will in fact be requested. 8. Payments. a. The City agrees to pay and the Service Provider agrees to accept as full payment for all DocuSign Envelope ID: 21E3C89D-70A9-4F4A-8E2A-9CC472E76AD2 Service Agreement – Work Order Type 8731 Landscape & Irrigation Maintenance Services Page 3 of 45 work done and all materials furnished and for all costs and expenses incurred in performance of the work the sums set forth for the hourly labor rate and material costs, with markups, stated within the Bid Schedule Proposal Form, attached hereto as Exhibit D, consisting of one (1) page, and incorporated herein by this reference. Payment shall be made by the City Net 30 days from date of the invoice and upon acceptance of the work by the City and upon the Service Provider furnishing satisfactory evidence of payment of all wages, taxes, supplies and materials, and other costs incurred in connection with the performance of such work. 9. City Representative. The City's representative will be shown on the specific Work Order and shall make, within the scope of his or her authority, all necessary and proper decisions with reference to the work requested. All requests concerning this Agreement shall be directed to the City Representative. 10. Independent Contractor. It is agreed that in the performance of any services hereunder, the Service Provider is an independent contractor responsible to the City only as to the results to be obtained in the particular work assignment and to the extent that the work shall be done in accordance with the terms, plans and specifications furnished by the City. 11. 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. 12. Personal Services. It is understood that the City enters into the Agreement based on the special abilities of the Service Provider and that this Agreement shall be considered as an agreement for personal services. Accordingly, the Service Provider shall neither assign any responsibilities nor delegate any duties arising under the Agreement without the prior written consent of the city. 13. Acceptance Not Waiver. The City's approval or acceptance of, or payment for any of the services shall not be construed to operate as a waiver of any rights under the Agreement or of any cause of action arising out of the performance of this Agreement. 14. Warranty. a. Service Provider warrants that all work performed hereunder shall be performed with the highest degree of competence and care in accordance with accepted standards for work DocuSign Envelope ID: 21E3C89D-70A9-4F4A-8E2A-9CC472E76AD2 Service Agreement – Work Order Type 8731 Landscape & Irrigation Maintenance Services Page 4 of 45 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. 15. Default. Each and every term and condition hereof shall be deemed to be a material element of this Agreement. In the event either party should fail or refuse to perform according to the terms of this Agreement, such party may be declared in default thereof. 16. Remedies. In the event a party has been declared in default, such defaulting party shall be allowed a period of ten (10) days within which to cure said default. In the event the default remains uncorrected, the party declaring default may elect to (a) terminate the Agreement and seek damages; (b) treat the Agreement as continuing and require specific performance; or (c) avail himself of any other remedy at law or equity. If the non-defaulting party commences legal or equitable actions against the defaulting party, the defaulting party shall be liable to the non-defaulting party for the non-defaulting party's reasonable attorney fees and costs incurred because of the default. 17. Binding Effect. This writing, together with the exhibits hereto, constitutes the entire Agreement between the parties and shall be binding upon said parties, their officers, employees, agents and assigns and shall inure to the benefit of the respective survivors, heirs, personal representative, successors and assigns of said parties. 18. Indemnity/Insurance. 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 DocuSign Envelope ID: 21E3C89D-70A9-4F4A-8E2A-9CC472E76AD2 Service Agreement – Work Order Type 8731 Landscape & Irrigation Maintenance Services Page 5 of 45 under this Agreement of the type and with the limits specified within Exhibit E, 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 Purchasing Director, P. O. Box 580, Fort Collins, Colorado 80522 one copy of a certificate evidencing the insurance coverage required from an insurance company acceptable to the city. 19. Entire Agreement. This Agreement, along with all Exhibits and other documents incorporated herein, shall constitute the entire Agreement of the parties. Covenants or representations not contained in this Agreement shall not be binding on the parties. 20. Law/Severability. This Agreement shall be governed in all respect by the laws of the State of Colorado. In the event any provision of this Agreement shall be held invalid or unenforceable by any court of competent jurisdiction such holding shall not invalidate or render unenforceable any other provision of this Agreement. 21. Prohibition Against Employing Illegal Aliens. Pursuant to Section 8-17.5-101, C.R.S., et. seq., Service Provider represents and agrees that: a. As of the date of this Agreement: 1) Service Provider does not knowingly employ or contract with an illegal alien who will perform work under this Agreement; and 2) Service Provider will participate in either the e-Verify program created in Public Law 208, 104th Congress, as amended, and expanded in Public Law 156, 108th Congress, as amended, administered by the United States Department of Homeland Security (the “e-Verify Program”) or the Department Program (the “Department Program”), an employment verification program established pursuant to Section 8- 17.5-102(5)(c) C.R.S. in order to confirm the employment eligibility of all newly hired employees to perform work under this Agreement. b. Service Provider shall not knowingly employ or contract with an illegal alien to perform work under this Agreement or knowingly enter into a contract with a subcontractor that knowingly employs or contracts with an illegal alien to perform work under this Agreement. c. Service Provider is prohibited from using the e-Verify Program or Department Program procedures to undertake pre-employment screening of job applicants while this Agreement is being performed. d. If Service Provider obtains actual knowledge that a subcontractor performing work under this Agreement knowingly employs or contracts with an illegal alien, Service Provider shall: 1) Notify such subcontractor and the City within three days that Service Provider has actual knowledge that the subcontractor is employing or contracting with an illegal alien; and DocuSign Envelope ID: 21E3C89D-70A9-4F4A-8E2A-9CC472E76AD2 Service Agreement – Work Order Type 8731 Landscape & Irrigation Maintenance Services Page 6 of 45 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. 22. Dust Control. The Service Provider shall abide by the City of Fort Collins “Dust Control and Prevention Manual,” which is available for public download at https://www.fcgov.com/airquality/pdf/dust-prevention-and-control-manual.pdf, and is incorporated herein by this reference. The City of Fort Collins has implemented this manual for all projects performed for the City of Fort Collins or located within the City of Fort Collins City limits. 23. Special Provisions. Special provisions or conditions relating to the services to be performed pursuant to this Agreement are set forth in Exhibit F - Confidentiality, consisting of one (1) page, attached hereto and incorporated herein by this reference. DocuSign Envelope ID: 21E3C89D-70A9-4F4A-8E2A-9CC472E76AD2 Service Agreement – Work Order Type 8731 Landscape & Irrigation Maintenance Services Page 7 of 45 THE CITY OF FORT COLLINS, COLORADO By: Gerry Paul Purchasing Director DATE: ATTEST: APPROVED AS TO FORM: ALL TERRAIN PONDS AND SPRINKLERS, LLC DBA ALL TERRAIN LANDSCAPING By: Printed: Title: CORPORATE PRESIDENT OR VICE PRESIDENT Date: DocuSign Envelope ID: 21E3C89D-70A9-4F4A-8E2A-9CC472E76AD2 11/9/2018 Jason Yeater member Assistant City Attorney ll 11/9/2018 City Clerk Service Agreement – Work Order Type 8731 Landscape & Irrigation Maintenance Services Page 8 of 45 EXHIBIT A WORK ORDER FORM PURSUANT TO A MASTER AGREEMENT BETWEEN THE CITY OF FORT COLLINS AND ALL TERRAIN PONDS AND SPRINKLERS, LLC DBA ALL TERRAIN LANDSCAPING WORK ORDER NUMBER: PROJECT TITLE: ORIGINAL BID/RFP NUMBER & NAME: 8731 Landscape & Irrigation Maintenance Services MASTER AGREEMENT EFFECTIVE DATE: November 1, 2018 WORK ORDER COMMENCEMENT DATE: WORK ORDER COMPLETION DATE: MAXIMUM FEE: (time and reimbursable direct costs): PROJECT DESCRIPTION/SCOPE OF SERVICES: Service Provider agrees to perform the services identified above and on the attached forms in accordance with the terms and conditions contained herein and in the Master Agreement between the parties. In the event of a conflict between or ambiguity in the terms of the Master Agreement and this Work Order (including the attached forms) the Master Agreement shall control. The attached forms consisting of ( ) page(s) are hereby accepted and incorporated herein, by this reference, and Notice to Proceed is hereby given after all parties have signed this document. SERVICE PROVIDER: Date: Name, Title ACCEPTANCE: Date: Name, Project Manager REVIEWED: Date: Name, Buyer or Senior Buyer ACCEPTANCE: Date: Gerry Paul, Purchasing Director (if greater than $60,000) DocuSign Envelope ID: 21E3C89D-70A9-4F4A-8E2A-9CC472E76AD2 Service Agreement – Work Order Type 8731 Landscape & Irrigation Maintenance Services Page 9 of 45 EXHIBIT B CHANGE ORDER NO. PROJECT TITLE: 8731 Landscape & Irrigation Maintenance Services SERVICE PROVIDER: All Terrain Ponds and Sprinklers, LLC dba All Terrain Landscaping WORK ORDER NUMBER: PO NUMBER: DESCRIPTION: 1. Reason for Change: Why is the change required? 2. Description of Change: Provide details of the changes to the Work 3. Change in Work Order Price: 4. Change in Work Order Time: ORIGINAL WORK ORDER PRICE $ .00 TOTAL APPROVED CHANGE ORDER .00 TOTAL PENDING CHANGE ORDER .00 TOTAL THIS CHANGE ORDER .00 TOTAL % OF THIS CHANGE ORDER % TOTAL C.O.% OF ORIGINAL WORK ORDER % ADJUSTED WORK ORDER COST $ .00 SERVICE PROVIDER: Date: Name, Title ACCEPTANCE: Date: Name, Project Manager REVIEWED: Date: Name, Buyer or Senior Buyer ACCEPTANCE: Date: Gerry Paul, Purchasing Director (if greater than $60,000) DocuSign Envelope ID: 21E3C89D-70A9-4F4A-8E2A-9CC472E76AD2 Service Agreement – Work Order Type 8731 Landscape & Irrigation Maintenance Services Page 10 of 45 EXHIBIT C GENERAL SCOPE OF SERVICES Scope of Work The City of Fort Collins is seeking Professional Green Industry Service Providers to assist with landscape and irrigation maintenance. This RFP will be utilized to select and award contracts to several landscape Service Providers to be utilize at various locations across the City. Some specific sites will be solicited through this RFP; additionally, future work orders, for locations not listed, may be created for sites by various City entities. Service Providers can choose to include pricing on the Streetscape Maintenance Work Orders, the Police Services Building Work Order, and/or just submit hourly rates for possible future work orders. Work will be directed by the work order process as outlined within this document. The Service Provider shall provide all administrative oversight, equipment, labor, and materials necessary for performing the services that meet the intent as stated in the attached specifications. During and at the end of the maintenance period, all plant material shall be in a healthy growing condition and all irrigation operational. The City does not guarantee work if a Service Provider is selected for future work based only on hourly rates. This intent is to award each selected Service Provider 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. Unit Price adjustments shall be negotiated and agreed upon at the time of the annual agreement renewal. Definitions Green Industry: The environmental horticulture industry which includes products and services, includes wholesale nursery, water supplies and irrigation services, landscaping services, nursery and garden center supply stores, nursery and tree production, cemeteries, floriculture production, golf courses, zoos and botanical gardens, landscape architectural services, and florists. (Economic Contribution of the Green Industry to Colorado’s Economy: A 2016 Update; Allison Bauman, Colorado State University, Dawn Thilmany McFadden, Colorado State University; Jan 2017). Best Management Practices assist with defining industry practices, see section 1.a.vi below. Work Order Procedure As this RFP intends to award contracts to multiple Professional Green Industry Service Providers, selection of specific Service Providers for individual Work Orders will be made at the discretion of the City Project Manager. The City reserves the right to request unit-price quotes by all selected Service Providers for any Work Order. Factors that will influence selection include, but are not limited to: cost, availability, past performance, expertise and knowledge in specific landscape maintenance needs. All job estimates must be submitted on a unit price basis consistent with the prices established in the Bid Schedule section. DocuSign Envelope ID: 21E3C89D-70A9-4F4A-8E2A-9CC472E76AD2 Service Agreement – Work Order Type 8731 Landscape & Irrigation Maintenance Services Page 11 of 45 Service Provider will invoice for all jobs completed on a unit price basis with the prices established by the Services Agreement. Each Work Order shall be signed and returned to the issuing department within 48 hours. Work Orders must be signed by all parties prior to commencement of any work. Work Order number must be included on the billing invoices. Items not listed within the established Bid Schedule shall be broken down by material cost, material mark-up (if applicable) and labor hours. Work Orders shall include all mandatory site information (table provided below). A pre-season meeting, at the site, shall be scheduled by the City Project Manager at the beginning of the contract period to identify any pre-existing conditions that may exist. Pre-existing conditions may include tree damage, poor turf health, poor pruning practices, broken concrete etc. Pre- existing conditions, to the extent known, shall be documented by the Service Provider and verified by the City Representative and any actions needed shall be agreed upon by both parties, in writing, prior to start of services. A post-season evaluation shall be completed by the City Project Manager (see Appendix). Service Providers are permitted to decline participation in quote process if they deem the project is not advantageous to their operations (e.g.: size of business, schedule, expertise). A rationale for not quoting must be provided to City Project Manager. MANDATORY SITE INFORMATION FOR WORK ORDER ITEMS INFORMATION NOTES Year Built Taps Water Provider Contract duration Maximum Water Budget Tap Allotments Irrigation Controller type Number of Zones/Stations Irrigation system type (conventional or 2-wire) Landscape Drawings (yes/no) Irrigation Drawings (yes/no) Are any landscape areas recently planted within 1-3 years Inspection It shall be the Service Provider's responsibility to notify the City Project Manager, or their representative, that the work is complete and ready for inspection. Every request for inspection shall be made at least twenty-four (24) hours before inspection is desired, unless an alternative time frame has been previously agreed upon by the City Project Manager and Service Provider. Any work completed by the Service Provider and not inspected and accepted by the City may be required to be removed and replaced at the Service Provider's expense. DocuSign Envelope ID: 21E3C89D-70A9-4F4A-8E2A-9CC472E76AD2 Service Agreement – Work Order Type 8731 Landscape & Irrigation Maintenance Services Page 12 of 45 City PM completes mandatory site information form New site City will solicit 3 quotes (1 must be from one of the Streetscapes contractors) Execute work order based on low quote and other potential variables Issue PO and begin Work Existing site City PM updates maintenance site scope if necessary Contractor updates Bid Schedule/Compensation to current year City PM reviews updated information and past year performance City PM either renews with existing contractor or solicits 3 quotes (follows "New site" process) Issue PO and begin Work One time maintenance work orders For projects below $10,000, City PM may proceed with any contractor under contract For projects over $10,000, City PM may solicit 3 quotes and award based on low quote and other potential variables Issue PO and begin Work 8731: Landscape Maintenance Work Order Guidelines for New and Existing Sites DocuSign Envelope ID: 21E3C89D-70A9-4F4A-8E2A-9CC472E76AD2 Service Agreement – Work Order Type 8731 Landscape & Irrigation Maintenance Services Page 13 of 45 ATTACHMENT 1: MAINTENANCE BID SCHEDULE DESCRIPTIONS, SPECIFICATIONS AND GUIDELINES Contents 1. Administrative Oversight ............................................................................................................. 14 a. Objective: Administrative oversight shall be performed to ensure contract compliance and quality control of work in accordance with best management practices. ......................... 14 b. Objective: The City of Fort Collins has a culture of safety excellence through promoting and integrating safety and health into all elements of the City's daily operations. Our vision is to be the safest workplace in America with a mission of safety matters as much as getting the job done. As a Contractor working on behalf of the City, safety shall be treated the same. .................................................................................................................................................. 18 2. Landscape Maintenance ............................................................................................................. 19 a. Objective: Plants shall be maintained in accordance with Green Industry best management practices and local code requirements to in order to sustain healthy, thriving plant material. When prioritization must occur, trees and long-lived plant materials shall be given highest priority. Sites should be maintained in a tidy fashion, mainly weed free. ...... 19 3. Water Management & Irrigation Maintenance ......................................................................... 25 a. Objective: Water management goals should support plant health. Irrigation infrastructure should be maintained in a way that supports water management goals and promotes water conservation. Response time to issues should reflect the importance of water conservation. .......................................................................................................................... 25 b. Establishment Water Management & Irrigation Maintenance Objective: More rigorous maintenance is needed during the first two to three years after planting due to plant stress from transplanting and plant maturity. Irrigation infrastructure installation must be more accurate because plant root systems are not established. The objective during this grow-in period is to ensure plant success by directing the correct amount of water to exactly where the plant needs it. Monitor landscape quality to identify strengths and weaknesses of existing management and revise as appropriate. ....................................................................... 30 4. Other Maintenance ....................................................................................................................... 32 a. Objective: Per city code, maintain public right of way in a neat, tidy, methodical, systematic, clean and orderly condition, permitting no deposit or accumulation of materials other than those ordinarily attendant upon the use for which the premises are legally intended. Refuse and rubbish shall be picked up which will prevent it from being carried by the elements to adjoining premises. .............................................................................................. 32 5. Minor Repairs and Replacements ............................................................................................. 33 DocuSign Envelope ID: 21E3C89D-70A9-4F4A-8E2A-9CC472E76AD2 Service Agreement – Work Order Type 8731 Landscape & Irrigation Maintenance Services Page 14 of 45 a. Objective: Repairs and replacements shall be billed in a format that matches contract requirements while also allowing for long-term tracking to determine trends and issues on a site. Minor repairs must be directly related to the maintenance work order. ......................... 33 APPENDIX ................................................................................................................................................ 34 1. Administrative Oversight a. Objective: Administrative oversight shall be performed to ensure contract compliance and quality control of work in accordance with best management practices. i. Personnel: The Contractor shall furnish sufficient supervisory and working personnel qualified and capable of performing all work required under this contract. The Contractor and his employees shall always conduct themselves in a professional and efficient manner. 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 and subcontractors. The City may require the Contractor to remove any employee(s) deemed careless, incompetent, or otherwise objectionable due to improper behavior, whose continued employment on the job is contrary to the best interests of the City. The Contractor shall always have competent working supervisors on the job who can is qualified to discuss matters pertaining to adherence to the contract requirements with the Project Manager. Each Contractor crew shall have at least one fluent English-speaking employee able to translate directions to the crew members if they do not speak English. The employees shall always wear clothing that identifies them as employees of the Contractor’s company. Company vehicles shall always have a company-identifying marker prominently displayed. The contractor shall train employees on best management practices of the Green Industry. ii. Damages: 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. All portions of existing structures, facilities, or equipment including irrigation systems, which are damaged, as a result of the Contractor’s performance shall be repaired or replaced to a new condition. The Contractor shall perform all work of this kind at no cost to the City. Repairs shall be made on the day of damage or alteration, unless otherwise directed by the City. Damages due to acts of God, vandalism, vehicular damage, theft, or other mysterious damages that are not a result of the Contractor, shall be repaired at City expense by the Contractor on a time and materials basis. Notify City PM of such damages immediately upon discovery. DocuSign Envelope ID: 21E3C89D-70A9-4F4A-8E2A-9CC472E76AD2 Service Agreement – Work Order Type 8731 Landscape & Irrigation Maintenance Services Page 15 of 45 iii. Schedule. Per City Code, maintenance functions that generate excessive noise (greater than eighty-five (85) dB(A)) shall only be performed between 7:00 a.m. and 8:00 p.m. Requirements for working in the right-of-way with traffic control will vary based on location (see B.ii). The Contractor shall establish and update a schedule of routine work to be followed in the performance of this contract. Contractor shall schedule a pre-contract meeting, post contract meeting (early December) as well as monthly meetings for the duration of the contract. Meeting agendas shall include updated schedule, water conservation issues, landscape maintenance issues. Additional communication shall occur outside of meeting times. It is the expectation that response times shall be: 1. Urgent water leaks, safety issues, etc., communication: 45 minutes or less of receiving during 6 am to 5 pm 2. Non-urgent communication: 48 hours iv. Quality Control & Reporting 1. Within one week of contract start date, the contractor shall submit for approval: a. Integrated Pest Management Plan (IPM) for the control of pests and weeds through the contract period. Plan shall include recommendations for preventative, cultural, chemical and mechanical control in irrigated turf, non- irrigated turf, native grass turf, basic landscaped areas and enhanced landscaped areas. Utilize CSU Fact Sheet “Broadleaf Weed Control in Lawns” for guidance on irrigated turf weed management. 2. Within the first five days of each contract month, the contractor shall submit a detailed Maintenance Performance Report (MPR) for work included in the prior month. The report shall include (but is not limited to) the following information: a. Number/location of complete mowings; b. Number/location of complete irrigation inspections; c. Irrigation schedule changes; d. Pruning locations; e. Inspection log which details communication to staff on issues found while inspecting, date reported and their resolution and date of resolution. Weather delays shall be noted as well. This inspection log shall also include communication from the City Project Manager to the Contractor and include issue, date reported, resolution and date of resolution; f. Major work to be performed in the coming month; g. Integrated Pest Management Plan (IPM) with log updates; DocuSign Envelope ID: 21E3C89D-70A9-4F4A-8E2A-9CC472E76AD2 Service Agreement – Work Order Type 8731 Landscape & Irrigation Maintenance Services Page 16 of 45 i. Using the City of Fort Collins general IPM policy and five IPM procedures, create an IPM plan that includes: summary of approach for contract; schedule and milestone dates; personnel certifications for spraying; necessary IPM communications; narrative on safety procedures used by Contractor; criteria for use of chemical control; guidelines for use of chemical control; protection of trees; proposed list of chemical control (which will be evaluated and approved/denied by City Project Manager); log template that notes date, time, site conditions (windspeed, temp, rainfall predicted within 1hr, 4hr, >4hr), chemical (pesticide, herbicide, fertilizer, etc.) type and name, location applied, application method, chemical rate/amount applied, approximate square feet of application, applicator signature, follow-up communication; comments (see link 4 below). 1. Samples that show some of the following information include: example 1, example 2, example 3, example 4, example 5 ii. Note, a more rigorous IPM approach is needed during the first two to three years after planting because soil was recently disturbed and weeds are more prevalent. Make note of sites where this applies and adjust IPM plan accordingly. iii. Spraying herbicide on hardscape areas of medians shall be included in median cost of maintenance, this includes hardscape ends, splash block, curb, and gutter up to joint with asphalt/concrete lane of traffic. iv. Acceptable active ingredients include: Glyphosate; 2, 4-Dichlorophenoxyacetic acid v. Non-acceptable products Include: soil sterilant; restricted use herbicides h. any other pertinent information. v. Payment: 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 for the previous month’s work satisfactorily completed. Payment will be withheld if the Maintenance Performance report (MPR) and Contract Inspection report (CIR) are not submitted with the billing. If MPR is not submitted within the first five business days from the previous DocuSign Envelope ID: 21E3C89D-70A9-4F4A-8E2A-9CC472E76AD2 Service Agreement – Work Order Type 8731 Landscape & Irrigation Maintenance Services Page 17 of 45 month end, the Service Provider will provide a late project completion discount as specified on each Work Order. 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. See Appendix for work evaluation standards discount and nonrecovery of discount by contractor. vi. Best Management Practices: Reference sources used shall be reputable, trusted, and appropriate for the Colorado Front Range. Examples of Best Management Practices for reference include, but are not limited to: 1. GreenCO BMP’s a. http://www.greenco.org/best-management-practices.html 2. ALCC Landscape Training Manual for Technicians a. https://alcc.memberclicks.net/index.php?option=com_mc& view=mc&mcid=form_227265 3. City of Fort Collins Landscape and Irrigation Standards for Water Conservation a. https://www.fcgov.com/utilities/business/builders-and- developers/development-forms-guidelines- regulations/water-conservation-standards-for-commercial- development 4. Sustainable Landscape Conversion Design and Irrigation a. https://www.denverwater.org/sites/default/files/sustainable- landscape-conversion3.pdf 5. 2013 Streetscape Standards a. https://www.fcgov.com/planning/pdf/streetscape-doc.pdf 6. Low Impact Development a. https://www.fcgov.com/utilities/img/site_specific/uploads/bi z_edmanaging_stormwater_naturally.pdf b. https://www.fcgov.com/utilities/what-we- do/stormwater/stormwater-quality/low-impact-development 7. Landscape Irrigation Best Management Practices a. https://www.irrigation.org/IA/Advocacy/Standards-Best- Practices/Landscape-Irrigation- BMPs/IA/Advocacy/Landscape-Irrigation- BMPs.aspx?hkey=93b546ad-c87a-41b8-bf70-8c4fd2cff931 8. CSU Extension Fact Sheets a. http://extension.colostate.edu/publications-2/ 9. Tree Care Standards (if applicable) a. https://tcia.org/TCIA/BUSINESS/ANSI_A300_Standards_/ TCIA/BUSINESS/A300_Standards/A300_Standards.aspx? hkey=202ff566-4364-4686-b7c1-2a365af59669 10. Native Grass maintenance & maintenance for detention basins, retention ponds, wetland basins, riparian areas DocuSign Envelope ID: 21E3C89D-70A9-4F4A-8E2A-9CC472E76AD2 Service Agreement – Work Order Type 8731 Landscape & Irrigation Maintenance Services Page 18 of 45 a. https://udfcd.org/wp- content/uploads/uploads/vol2%20criteria%20manual/13_R evegetation.pdf & https://udfcd.org/wp- content/uploads/2014/07/Chapter-6-BMP-Maintenance.pdf b. Objective: The City of Fort Collins has a culture of safety excellence through promoting and integrating safety and health into all elements of the City's daily operations. Our vision is to be the safest workplace in America with a mission of safety matters as much as getting the job done. As a Contractor working on behalf of the City, safety shall be treated the same. i. Safety: All work performed under this contract shall be performed in such a manner as to provide a safe work environment for employees and a safe work zone for citizens. All work shall be performed in compliance with all applicable safety regulations and requirements including but not limited to the following areas: 1. Proper Personal Protective Equipment (PPE) including high visibility gear. 2. Proper traffic control and utilization of spotters when necessary, 3. Perform daily safety tailgate talks prior to work commencing. 4. Any hazardous condition noted by the Contractor shall be immediately reported to the City Project Manager. The Project Manager reserves the right to stop the Contractor and staff when unsafe or harmful acts are observed or reported relative to the performance of work under this contract. ii. Traffic Control: All work occurring in the public right of way under the jurisdiction of the City of Fort Collins that affects the traveling public requires a Work Area Traffic Control permit from the City of Fort Collins Traffic Operations Department. A permit is required for all work where traffic moves differently than the normal conditions. Contractor shall utilize the Work Area Traffic Control Policies and Procedures handbook for guidance. Note that there may be restrictions on work during peak traffic hours (7 am - 8:30 am and again 3:30 pm - 6:30 pm). In some cases, work may be required at night and/or weekends to minimize delays. 1. If Contractor sets up work area traffic control without City Traffic department approval, or set up in an unsafe manner or pattern, Contractor will be asked to stop work and may be subject to fines by City Traffic. DocuSign Envelope ID: 21E3C89D-70A9-4F4A-8E2A-9CC472E76AD2 Service Agreement – Work Order Type 8731 Landscape & Irrigation Maintenance Services Page 19 of 45 2. Landscape Maintenance a. Objective: Plants shall be maintained in accordance with Green Industry best management practices and local code requirements to in order to sustain healthy, thriving plant material. When prioritization must occur, trees and long- lived plant materials shall be given highest priority. Sites should be maintained in a tidy fashion, mainly weed free. i. Trees 1. Trees are maintained by the City Forestry Department. A representative from the Forestry Division is available to meet with the Contractor personnel to discuss turf trimming around trees and its effects on trees. 2. Tree suckers shall be removed by Contractor by clipping or as directed by the Forestry Division personnel. Timing of clipping shall be as encountered. Chemical removal of suckers shall not be allowed. Tree Sucker definition: shoots originating from the soil. 3. Tree rings a. Tree Ring Definition: Mulch ring that is offset 3-feet from the face of trunk and which leaves 4” space away from trunk. The mulch ring shall be 4” in depth. b. Refreshing tree rings – Refreshing tree rings, or topping off tree rings with mulch, shall be included in this contract. City mulch shall be used. Contractor is responsible for transporting and loading. Refreshing tree rings shall be completed prior to mowing season. Work can be scheduled on a 2 year rotation for tree rings. Refresh half of existing trees in year 1 and half of remaining trees in year 2. Repeat through length of contract. c. New tree rings – Installing new tree rings, on trees without tree rings, will be issued as a separate work order process. d. The use of glyphosate around tree trunks prior to installing tree ring mulch and annual maintenance of tree rings is required. 4. Extreme care shall be utilized when mowing/trimming around trees. Proactive reporting of tree damage shall be reported and a review of damage shall determine penalty. Any marks, chipped bark or girdling by devices will result in a penalty assessed by the Project Manager when not reported. 5. Report trees in decline, dead or impeding signs, pedestrian or vehicular traffic to the City Project Manager and Forestry Division contact as they appear. ii. Irrigated Turf DocuSign Envelope ID: 21E3C89D-70A9-4F4A-8E2A-9CC472E76AD2 Service Agreement – Work Order Type 8731 Landscape & Irrigation Maintenance Services Page 20 of 45 1. Turf Height: Mowing shall be performed so that turf is maintained uniformly between a 3-inch to 4-inch height. No more than one- third (1/3) of the grass blade shall be removed during each mowing in returning the grass to the accepted height. Edging should be performed annually along hard edges for the Streetscape Work Order. Edging shall occur monthly from May- September for all other work orders. Edging is limited to concrete areas in order to avoid damage to irregular asphalt, flagstone, brick, wood walks and decks. 2. Mowing frequency: Mowing frequency shall be determined by the contractor to meet the turf height specifications. Coordinate mowing schedule with irrigation schedule to prevent turf damage. The first mowing of the season shall take place no later than April 15th or as determined by City Project Manager. The last mowing of the season shall be after 90% of leaves have fallen to mulch the remaining leaves of the season, regardless of turf height. 3. Fertilizer: A properly fertilized lawn requires less water. Applying more fertilizer than is needed can deplete other nutrients and cause deficiencies. Excessive quantities of nutrients are often as detrimental as deficiencies. Adding excess may adversely affect the availability of other nutrients that were previously in sufficient supply. (GreenCO BMP p 168). a. A minimum of one spring and one late fall application would be needed for irrigated turf. b. Recommend fertilizer blends for spring and fall are as followed: i. Spring: Slow release N20 P5 K10 with 3% Fe 10%S and 50% Sulfur Coated Urea as the Nitrogen form. ii. Fall: Slow release N24 P0 K12 with 3% Fe 12%S and 50% Sulfur Coated Urea as the Nitrogen form. One lb of nitrogen per 1000 sq ft shall be applied per application. c. Sidewalks and other hard surfaced areas are to be cleaned after fertilizer has been applied to avoid staining from the iron. 4. Aeration: Contractor shall aerate once per year or as determined by work order, typically in Spring. 5. Mowing equipment: Contractor shall utilize any equipment to achieve turf height specifications uniformly (e.g. mowers, trimmers, etc.). Equipment that mulches turf in place (mulching mowers) shall be utilized. Mowing equipment shall be well maintained and blades shall be sharpened frequently. DocuSign Envelope ID: 21E3C89D-70A9-4F4A-8E2A-9CC472E76AD2 Service Agreement – Work Order Type 8731 Landscape & Irrigation Maintenance Services Page 21 of 45 6. Cleanup: The Contractor shall 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. 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. 7. Weeds: Follow pre-approved IPM plan to maintain turf that is mainly weed free using preventative, cultural, chemical and mechanical control. Carefully inspect the lawn at least weekly for disease and pests, correcting problems as they occur. Early detection and control of problems is essential. iii. Non-Irrigated Turf 1. Turf Height: Mowing shall be performed so that turf is maintained uniformly between a 3-inch to 5-inch height. No more than one- third (1/3) of the grass blade shall be removed during each mowing in returning the grass to the accepted height. Edging should be performed annually along hard edges for the Streetscape Work Order. 2. Mowing frequency: Mowing frequency shall be determined by the contractor to meet the turf height specifications uniformly. The first mowing of the season shall take place no later than April 15th or as determined by City Project Manager. The last mowing of the season shall be after 90% of leaves have fallen to mulch the remaining leaves of the season, regardless of turf height. 3. Mowing equipment: Contractor shall utilize any equipment to achieve turf height specifications uniformly (e.g. mowers, trimmers, etc.). Equipment that mulches turf in place shall be utilized. Mowing equipment shall be well maintained and blades shall be sharpened frequently. 4. Cleanup: The Contractor shall 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. 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. 5. Weeds: Follow pre-approved IPM plan to maintain non-irrigated turf areas by using chemical or mechanical control. 6. In some non-irrigated turf areas, trees may be watered with an irrigation system. Care of this tree irrigation system shall be part of maintenance of non-irrigated turf. iv. Native Grass Turf DocuSign Envelope ID: 21E3C89D-70A9-4F4A-8E2A-9CC472E76AD2 Service Agreement – Work Order Type 8731 Landscape & Irrigation Maintenance Services Page 22 of 45 1. Turf Height: Native grasses shall be allowed to grow to natural plant height. 2. Mowing frequency: Mowing in native grass areas shall only be utilized as it relates to weed management and the IPM plan. Typically, spot mowing may need to occur 2-3 times per year to manage weeds. Excessive leaves that collect in native turf areas shall be removed by contractor through the use of hand blowers. 3. Mowing equipment: Contractor shall utilize any equipment necessary to meet IPM plan. If mowing is selected, mow height shall be 6” and above. 4. Weeds: Follow pre-approved IPM plan to maintain turf that is mainly weed free using preventative, cultural, chemical and mechanical control. Per City Code, weeds shall not be permitted to grow to a height of more than six (6) inches. Weeds shall be removed prior to flowering and/or before they reach the height restriction. 5. Care of irrigation system associated with native grass area shall be part of maintenance of native turf. v. Basic Landscape Areas & Enhanced Landscape Areas 1. Shrubs a. All Shrubs i. Remove dead or damaged branches with clean, sharp pruners, as close as possible to the base of the plant. Remove dead shrubs completely. ii. Include any shrub work in MPR and list plant and location. iii. Proactive pruning should match blooming period and promote an aesthetic of Colorado native plants. See below for recommendations based on shrub type. iv. Shearing of shrubs is strictly prohibited unless specifically prescribed by the City Project Manager. b. Flowering Shrubs i. Pruning has a major influence on a shrub’s flowering habit, shape, size and pest problems. Prune shrubs based on flowering time (spring or summer) and green industry recommended practices (https://static.colostate.edu/client- files/csfs/pdfs/PruningFloweringShrubs_619.pdf and http://extension.colostate.edu/docs/pubs/garden/07 415.pdf ). DocuSign Envelope ID: 21E3C89D-70A9-4F4A-8E2A-9CC472E76AD2 Service Agreement – Work Order Type 8731 Landscape & Irrigation Maintenance Services Page 23 of 45 ii. Prune on a 2 year rotation for flowering shrubs. Prune half of existing shrubs in year 1 and half of remaining shrubs in year 2. Repeat through length of contract. iii. Notify City Project Manager prior to any rejuvenation pruning for approval. c. Evergreen Shrubs i. Pruning evergreen shrubs should only occur when they have overgrown their space and are encroaching into splash block or over a curb (without splash block) and into the street. ii. When pruning is necessary, utilize Green Industry recommended practices (http://www.ext.colostate.edu/mg/gardennotes/617. pdf). iii. Notify City Project Manager if severely overgrown plants should be removed. d. Native Shrubs i. Native shrubs (http://extension.colostate.edu/docs/pubs/garden/0 7422.pdf) should be allowed to grow naturally. However, due to the urban environment in which they are placed, rejuvenation pruning may be beneficial on a regular basis to control size and to provide an attractive aesthetic. Work with City Project Manager to determine if native shrubs should be pruned. 2. Perennials a. Perennial maintenance is driven by the plant. Identify perennials and best cultural practices for the species. b. Perennials, including ornamental grasses i. Trim and remove old leaves and stems of perennials in the early spring. Complete work no later than mid-April. ii. Cut all dead blades on the ornamental grass clump 4-6 inches, uniformly, from the ground in spring. Let ornamental grass blades stand in winter unless material is unsightly or is causing a sight obstruction. c. Perennial division i. Perennial division shall be agreed upon as a work order process not contained within the Streetscape Contract. Contractor shall propose work to City DocuSign Envelope ID: 21E3C89D-70A9-4F4A-8E2A-9CC472E76AD2 Service Agreement – Work Order Type 8731 Landscape & Irrigation Maintenance Services Page 24 of 45 Project Manager each year based on conditions in the field. ii. After three to five growing seasons, perennials may need to be divided to prevent overcrowding. Signs of overcrowded perennials are poor or no blooming. Ornamental grasses should be divided when they become thin or die out in the center. Aggressive perennials may need to be divided when the side shoots or runners become crowded by other plants. iii. Spring and early-summer blooming perennials are should be divided in the fall or when foliage dies (mid-September through mid-October). Plants that flower in mid- to late summer and fall should be divided in the spring before growth begins. Warm season ornamental grasses should be divided during early spring, just before new growth starts. Iris and daylilies usually are divided immediately after flowering. iv. Some plants should not be divided. Several types of perennials are actually small woody shrubs and should not be divided. These include perennial Iberis sempervirens, lavender, rosemary, and several other artemesias. These plants often have rooted layers (branches that have developed roots while touching the soil). The layers can be cut off the parent plant, dug up and replanted as though they were divisions. 3. Annuals a. Annual planting, maintenance, fertilization and removal shall be contracted through separate work orders. 4. Weeds: Follow pre-approved IPM plan to maintain basic landscape areas that are mainly weed free using preventative, cultural, chemical and mechanical control. a. Individual Weeds: Weeds shall not be allowed to reach a height greater than 2-inches and shall be removed prior to flowering. Spreading weeds shall be addressed proactively and shall not be allowed to grow to a size greater than 6-inches by 6-inches. b. Weed massings: Weeds shall not exceed 5% of the plantable area of a basic landscape or enhanced landscape median, parkway or planting area. Groupings of weeds shall not exceed a 1-foot by 1-foot area. DocuSign Envelope ID: 21E3C89D-70A9-4F4A-8E2A-9CC472E76AD2 Service Agreement – Work Order Type 8731 Landscape & Irrigation Maintenance Services Page 25 of 45 c. Weed IPM Schedule: A schedule for weed management shall be included in the IPM document for approval by the City Project Manager. The first treatment of weeds shall take place no later than April 1st or as determined by City Project Manager. vi. Mulch 1. Organic a. Mulch should be maintained in a tidy fashion and should be free of trash. Monitor mulch to ensure it has not moved. Mulch shall not be placed within 3”-4” of plant base. b. Organic mulch top off and/or replacement shall be contracted through separate work orders. Contractor shall propose work to City Project Manager each year based on conditions in the field where mulch is less than 2 inches deep. 2. Inorganic a. Rock Mulch: Mulch top off and/or replacement shall be contracted through separate work orders. Contractor shall propose work to City Project Manager each year based on conditions in the field where rock mulch is missing or unsightly. b. Decorative Hardscapes & Concrete: Report any damage to decorative hardscapes and decorative concrete to City Project Manager. vii. Decorative Features & Streetscape Amenities 1. Functional Concrete: Report any damage to the City Project Manager so that they can be reported to the Streets Department. 2. Decorative Features & Streetscape Amenities: Report any damage to the City Project Manager. 3. Water Management & Irrigation Maintenance a. Objective: Water management goals should support plant health. Irrigation infrastructure should be maintained in a way that supports water management goals and promotes water conservation. Response time to issues should reflect the importance of water conservation. i. Water Management 1. Annual Water Management goals: a. Turf: 15 gallons per square foot per season maximum b. Landscaped areas & Trees only areas: 10 gallons per square foot per season maximum c. Trees: 15 gallons per square foot per season maximum after first 2-3 years of establishment watering DocuSign Envelope ID: 21E3C89D-70A9-4F4A-8E2A-9CC472E76AD2 Service Agreement – Work Order Type 8731 Landscape & Irrigation Maintenance Services Page 26 of 45 d. Each work order shall include a water management goal for each tap. e. Irrigate according to the requirements of the plants, not on a fixed schedule. Apply only enough irrigation to replace water loss by evapotranspiration (ET). Match irrigation application rate to the soil type and root depth. Avoid applying more water than can be contained in the root zone. f. 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. Drought restrictions shall be followed when necessary. City Project Manager shall communicate watering restrictions as necessary. 2. Water Management scheduling a. 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 (ALCC) CLT-Irrigation, Irrigation Association (IA) Landscape Water Auditor, or Irrigation Association (IA) Certified Irrigation Designer, or ASLA licensed Landscape Architect. b. Overall schedule changes i. Sites under Central Control: Daily ET based changes to watering to meet water management goals. Program rain gauges to shut off at ½” precipitation. Utilize rain gauges for active use. ii. Sites with standalone controllers: Biweekly ET based changes to watering to meet water management goals. Utilize rain gauge. iii. Sites with valves controlled by nodes: Monthly historical based changes to watering to meet water management goals. Manually turn off water at the backflow during rain events over ½”. c. Frequency of irrigation: all controllers i. All turf and landscape types: Water shall be applied so that runoff is avoided and applied to match the needs of the plant being irrigated. Cycle and soak irrigation methods should be utilized. ii. Trees: Trees shall be watered to prevent wilting and color loss. Most tree roots are in the top 6 to 24 inches of the soil and occupy an area two to four times the diameter of the tree crown. Trees vary in DocuSign Envelope ID: 21E3C89D-70A9-4F4A-8E2A-9CC472E76AD2 Service Agreement – Work Order Type 8731 Landscape & Irrigation Maintenance Services Page 27 of 45 water requirements (see Attachment x), adjust for xeric properties of plant. Use less frequent but deeper watering to meet the 15 gal/sf requirement for mature trees iii. Shrubs: Shrubs shall be watered to prevent wilting and color loss. Small established shrubs (less than 3 feet tall) should receive 5 gallons monthly maximum. Large established shrubs (more than 6 feet tall) require 18 gallons per month maximum. Shrubs vary in water requirements, adjust for xeric properties of plant. iv. Turf shall be irrigated to maintain horticulturally acceptable growth and color while encouraging deep rooting. Daily watering of one particular zone shall be avoided, every third day irrigation is recommended. Water the lawn uniformly until the soil is moist to a depth of 4 to 6 inches to encourage deep roots. Frequent, light sprinklings moisten only the surface and may cause shallow- rooted turf and increase weed seed germination. Cycle soak scheduling on sloped or poor soil infiltration areas is required. d. Hours of operation for irrigation schedule i. Overhead irrigation shall operate between the hours of 10:00 p.m. and 7:00 a.m. only. ii. Drip and subsurface irrigation may operate at any time. iii. Newly planted sod or seed may be watered during the day, with pre-approval of watering times and locations by City Project Manager. City Project Manager may request public signs be posted. iv. During periods of drought, predetermined city schedules and a permit process may take precedence. e. Rain events i. All sites shall utilize rain sensors. ii. Contractor shall shut off (central control sites can be shut off at controller, backflow for all other sites) irrigation when excessive rain fall (1/2” or greater) is experienced to reduce water use. 3. Utilization of water reports a. Within the Fort Collins Utilities boundary, water usage data is available in hour-increments through the smart meter DocuSign Envelope ID: 21E3C89D-70A9-4F4A-8E2A-9CC472E76AD2 Service Agreement – Work Order Type 8731 Landscape & Irrigation Maintenance Services Page 28 of 45 system. Contractors shall utilize this information to troubleshoot irrigation issues as necessary. b. Continuous consumption reports are generated by Fort Collins Water Utilities and indicate continuous usage for 3 straight days. If a site appears on the continuous consumption report, the Contractor shall respond to the issue within 4 hours. ii. Maintenance of irrigation infrastructure 1. Routine sprinkler system maintenance: Check, adjust and identify leaks and identify needed repairs on a regular basis, biweekly and within 24 hours of mowing, whenever possible. Adjust the amount of water applied by adjusting irrigation controllers. Ensure rain sensors are working and connected to controllers. Check the amount and depth of water infiltration to avoid problems that develop from clogged heads, etc. Reset or clean heads as necessary. Replace batteries in appropriate controllers each spring and as needed. No billing or fees associated with routine maintenance. 2. Repair/Replace broken infrastructure a. 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. See Section 5: Minor Repairs and Replacements below. b. Any replacement equipment or parts must be new, of the same brand, model number and nozzle size unless authorized by the Project Manager. The Contractor shall maintain all sprinkler systems in such a way as to ensure proper coverage and full working capability. For systems over the age of 10 years, consult City Project Manager to determine if an entire zone of heads shall be replaced to match precipitation rate or meet water conservation standards. c. Repair damaged rain sensors and report missing rain sensors to City Project Manager. Proactively maintain rain sensor equipment so it is in working order. d. Utilize Tree Protection specification (see appendix) for all repairs near trees. Failure to do so will result in fines as determined by Forestry (e.g. $1,000 per occurrence or appraised value of tree). 3. Controllers a. The Contractor shall protect the security of irrigation controllers by keeping the controller cabinet doors locked DocuSign Envelope ID: 21E3C89D-70A9-4F4A-8E2A-9CC472E76AD2 Service Agreement – Work Order Type 8731 Landscape & Irrigation Maintenance Services Page 29 of 45 at all times. All padlocks shall be City issued. All lock cylinders shall be standard irrigation controller locks or otherwise issued by the City. Any stolen or vandalized controllers because 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. 4. Sprinkler System Start-Up and Winterization a. Spring Start-Up: 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 while 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. Notify City Project Manager of any malfunctioning backflows. b. Winterization: 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 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. Take care to winterize flow sensors in irrigation system. Excessive air pressure and heat from excessive length of time blowing air will damage the flow sensor. Utilize blowout tubes beyond the flow sensor whenever possible. 5. NOTE: Early irrigation activation and late season de-activation may require the contractor to drain and temporarily insulate back flow devices as weather requires to prevent freeze damage. DocuSign Envelope ID: 21E3C89D-70A9-4F4A-8E2A-9CC472E76AD2 Service Agreement – Work Order Type 8731 Landscape & Irrigation Maintenance Services Page 30 of 45 b. Establishment Water Management & Irrigation Maintenance Objective: More rigorous maintenance is needed during the first two to three years after planting due to plant stress from transplanting and plant maturity. Irrigation infrastructure installation must be more accurate because plant root systems are not established. The objective during this grow-in period is to ensure plant success by directing the correct amount of water to exactly where the plant needs it. Monitor landscape quality to identify strengths and weaknesses of existing management and revise as appropriate. i. Utilize the following information in conjunction with information above. Where conflicts exist, utilize this section during the first two to three years. 1. Water Management goals: a. Trees i. Trees and other woody plants typically require additional watering for one to three growing seasons to become established (As a rule of thumb, trees require one year per inch of caliper to become established). This includes winter watering for newly planted trees, particularly evergreens when snow is absent. During prolonged dry periods (longer than four weeks) in the fall and winter (October –March), trees may need watering one to two times per month. Water only when temperatures are above 40 degrees (indicator for ground freeze that prevents water infiltration) and no snow cover exists. ii. Generally, for small and medium size trees with moderate water needs, use approximately 10 gallons of water per inch of trunk diameter (measured 4.5 feet above grade) for each watering. The frequency of watering for small trees (1-3”) is once per week throughout the season. For small trees, use a minimum of 40 gallons per week. Medium size trees (4”-8”) may require watering three times per month throughout the season. Water large trees (10”+) twice per month at a rate of 15 gallons of water per inch of trunk diameter. See http://extension.colostate.edu/docs/pubs/garden/07 418.pdf http://extension.colostate.edu/docs/pubs/garden/07 419.pdf for tree water requirement recommendations. DocuSign Envelope ID: 21E3C89D-70A9-4F4A-8E2A-9CC472E76AD2 Service Agreement – Work Order Type 8731 Landscape & Irrigation Maintenance Services Page 31 of 45 b. Shrubs i. Apply 5 gallons two times per month for a newly planted shrub. c. Native Grasses i. Utilize the following chart as a guideline for irrigating native areas. Work with City Project Manager to customize for specific sites. ii. Sample irrigation schedule for establishing native areas from UDFCD Manual Chapter 13 Revegetation. Time Of Year Frequency Time of Day Soil Moisture Depth – Utilize cycle & soak Mid-April (Cool Season) Mid- May (Warm Season) 1-2 times per day until temperatures reach 80 degrees Once in early morning once in late evening Maintain soil moisture to 2-inch depth Early June to July Every other day or more if temperatures are above 90 degrees Early morning or late evening Maintain to 4 inch- depth July to Mid- August One application per week Early morning or late evening Maintain soil moisture to 6-inch depth Mid-August to Mid-September One application every other week Early morning or late evening Maintain soil moisture to 6-inch depth Mid-September and on Withhold watering to allow plants to harden for winter Service Agreement – Work Order Type 8731 Landscape & Irrigation Maintenance Services Page 32 of 45 i. Note: Xeriscape plant material may need more water during the initial establishment period. Work with City Project Manager to adjust irrigation infrastructure after plants are established. 3. Maintenance of Irrigation infrastructure a. Equipment adjustment and locations i. Monitor landscape quality to determine if plants are receiving water in the critical root zone. 1. Overhead Irrigation (Rotors, sprays, etc.): Report any issues with overhead irrigation, such as improper hydrozones or malfunctioning infrastructure, to the City Project Manager. Confirm nozzles were installed correctly and adjust accordingly to ensure plants receive adequate water. 2. Subsurface & Drip Irrigation: Adjust location of drip emitters and tubing, as necessary, to ensure plants receive adequate water. 4. Other Maintenance a. Objective: Per city code, maintain public right of way in a neat, tidy, methodical, systematic, clean and orderly condition, permitting no deposit or accumulation of materials other than those ordinarily attendant upon the use for which the premises are legally intended. Refuse and rubbish shall be picked up which will prevent it from being carried by the elements to adjoining premises. i. Litter, Trash, Debris 5. All areas covered under this contract shall inspected by the contractor and be kept free of all trash, debris, tree limbs, branches, and other foreign matter. Contractor shall avoid mowing and thus shredding debris. Shredded debris is subject to discount. 6. Contact City Project Manager for large debris removal to determine scope, fees, etc. This work order is for normal every day litter, trash and debris removal that is typical to streetscapes. Acts of vandalism, unanticipated vehicle accidents, and large weather events shall be handled individually outside this contract. 7. Spring cleanup shall be performed during the first four weeks of contract on all sites to remove all debris, leaves, paper, branches, rubbish, etc. from all areas before any other maintenance activities commence. 8. During the term of this contract, leaves shall be the responsibility of the Contractor. Removal by hand or mowing shall be the methods used to control the buildup of falling leaves. DocuSign Envelope ID: 21E3C89D-70A9-4F4A-8E2A-9CC472E76AD2 Service Agreement – Work Order Type 8731 Landscape & Irrigation Maintenance Services Page 33 of 45 5. Minor Repairs and Replacements a. Objective: Repairs and replacements shall be billed in a format that matches contract requirements while also allowing for long-term tracking to determine trends and issues on a site. Minor repairs must be directly related to the maintenance work order. i. A repair/replacement allotment shall be given on all work orders. This amount is not guaranteed to the contractor. ii. Minor repairs (under $200) shall be billed monthly. The billing shall include the location (object ID from GIS), cost of materials and labor hours. iii. For repairs that range from $200-$5,000, the Contractor shall notify the City Project Manager for approval. The billing shall include the location (object ID from GIS), cost of materials and labor hours. iv. For repairs that exceed $5,000, the Contractor shall notify the City Project Manager for approval. A quote shall be created that identifies the location (object ID from GIS), cost of materials, agreed upon materials markup and proposed labor hours. The quote will be reviewed by the City Project Manager and then a work order and purchase requisition will be created. v. Traffic control billings, when appropriate, shall be submitted with invoice from traffic control company. Coordination of traffic control shall be considered part of the Administrative Oversight of work orders. Additional fees as determined by the City of Fort Collins in the Work Area Traffic Control permit shall be reimbursed by the City at no additional markup by the contractor. vi. If zone changes, etc., are being made, follow City of Fort Collins Landscape and Irrigation Standards for Water Conservation for guidance. Coordinate all irrigation design changes with City Project Manager. DocuSign Envelope ID: 21E3C89D-70A9-4F4A-8E2A-9CC472E76AD2 Service Agreement – Work Order Type 8731 Landscape & Irrigation Maintenance Services Page 34 of 45 APPENDIX 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. An annual rating will be given to the contractor based on the following criteria: Contractor met requirements related to Quality Contractor met requirements related to Cost Contractor met requirements related to Timeliness Document, briefly, area(s) of non-compliance and steps taken to remedy (see also Penalties section below). Document overall rating of contractor by the following categories: Performance Below Standard Standard Above Standard Document any responses made by Contractor. 1.1 LATE/DEFICIENT PROJECT DELIVERY DISCOUNT To establish compliance with the specifications found in Exhibit A, the following late/deficient project delivery discounts shall be used in case of insufficient performance by the Contractor. A discount shall be invoked when an inspection report reveals a maintenance item (i.e. mowing, trimming, sprinkler maintenance, weeding, trash pickup, shredding of trash, etc.) was done unsatisfactorily in accordance with the standards set forth in Attachment 1. The Contractor will be given a minimum of two working days to correct the deficient work. If the work after two working days remains unsatisfactory, the following percentage of the total calculated monthly billing would be deducted as a discount: Number of Deficient Maintenance Operations Degree of Penalty 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. DocuSign Envelope ID: 21E3C89D-70A9-4F4A-8E2A-9CC472E76AD2 Service Agreement – Work Order Type 8731 Landscape & Irrigation Maintenance Services Page 35 of 45 Damage to trees by string trimmers or mowers will be penalized at $50.00 per occurrence if there are no tree rings, and up to $500.00 when tree rings exist. If the project manager were notified prior to an inspection notice, the discount would be reduced to $10.00. Any discounts would be deducted from the next monthly billing. At Forestry’s discretion, in addition to discounts, they may be charged up to full appraised value of the tree. 1.2 DISCOUNT EXAMPLES Calculated monthly price = $8,000.00 1. Example Number One: 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 discount 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 discount 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 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 discount 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 discount of $425.00 will be deducted from the monthly billing. If the Contractor notifies the Project Coordinator about the tree damage, prior to the inspection report being submitted, the discount 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 discount 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 discount is assessed even though the brown spot remains. If the problem is not corrected a discount of an additional $800.00 is assessed against the monthly billing. DocuSign Envelope ID: 21E3C89D-70A9-4F4A-8E2A-9CC472E76AD2 Service Agreement – Work Order Type 8731 Landscape & Irrigation Maintenance Services Page 36 of 45 1.3 NONRECOVERY OF DISCOUNT BY CONTRACTOR 1. Money withheld as a discount 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. TREE PROTECTION SPECIFICATION Tree Protection Specifications 1-13-16 1. All tree protection and replacement requirements in LUC 3.2.1.F.G. shall be followed. Existing trees shall be inventoried. All existing trees in the potential construction impact zone shall be numbered and identified by species, size, condition, intent to save or remove and mitigation. 2. All tree pruning, removal and protection shall adhere to the requirements found in the City of Fort Collins Tree Management Standards and Best Management Practices manual which was approved by the City Manager March 31, 2010. 3. Existing trees marked for protection and preservation shall not be removed. 4. The critical root zone of each existing tree designated to be preserved shall be protected so that soil compaction does not occur. This will include restricting equipment use and material storage in the critical root zone of each tree. 5. Avoid cutting surface roots whenever possible. All grading, sidewalk and paving levels should be contoured sufficiently to avoid root or trunk damage. At any location where roots need to be disturbed or cut, contact the City Forestry Division for review prior to any disturbance or cutting. 6. When root cutting is necessary, the cuts should be made using a sharp saw or appropriate tool so that extra root tissue is not damaged. Cuts should be smooth, flush and completed very quickly after root exposure occurs. Once the root cutting is complete, immediately cover the exposed root tissue with good soil and then water the area to avoid root dehydration. Root pruning shall be reviewed by the City Forestry Division and performed by a certified arborist for any roots over 2” in diameter. DocuSign Envelope ID: 21E3C89D-70A9-4F4A-8E2A-9CC472E76AD2 Service Agreement – Work Order Type 8731 Landscape & Irrigation Maintenance Services Page 37 of 45 7. Tree protection shall be set up and implemented prior to construction. Tree protection shall incorporate the following criteria: a. All existing trees to be retained in close proximity to any construction activity shall be protected using a fencing material that meet or exceed the following criteria: 1) Fencing material would have a minimum height of 5 feet. 2) Fencing may consist of orange snow fencing or other suitable material. 3) Protection barrier fencing shall be supported by 1” X 1” metal posts or similar sturdy stock. 4) Concrete blankets or other suitable material shall be wrapped around the trunk of trees that are in close proximity to actual construction activities. At a minimum, the bottom 6 feet of the trunk shall be wrapped. b. The actual location of tree protection fencing should be determined by an onsite meeting between the Forestry Division representative and the appropriate contractor representative. c. Partial fencing within the protection zone may be required as necessary. d. There shall be no movement of equipment or storage of equipment, materials, debris, or fills or cuts within the critical root zone area unless approved by the City Forestry Division. e. Modification or removal of tree protection fencing or blanket wrap must be approved by the Forestry Division prior to the removal of such protection. 8. Within the drip line of any tree marked for retention and preservation, there shall be no cut, excavation or fill unless a qualified arborist or forester has evaluated and approved the disturbance. Approved cut, excavation or fill within the drip line of existing trees must be accomplished using methods approved by a qualified arborist and City Forestry Division. This may include the required use of hand tools or an air spade when necessary. 9. In order to protect the critical root zone of each tree, or group of trees, to be retained, the following criteria must be followed: a. Equipment or material shall not be washed, cleaned or rinsed within the drip-line of any trees. b. Equipment or materials shall not be stored within the drip-line of any trees. DocuSign Envelope ID: 21E3C89D-70A9-4F4A-8E2A-9CC472E76AD2 Service Agreement – Work Order Type 8731 Landscape & Irrigation Maintenance Services Page 38 of 45 c. Potentially harmful materials such as paints, oils, solvents, asphalt, concrete, motor oil or any other material harmful to the life of a tree shall be kept out of the drip-line of any tree. 10. Attachments such as wires, cables, winches, ropes, signs, notices or permits shall not be fastened to any protected tree. 11. All protected existing trees shall be pruned to the City of Fort Collins Forestry Standards. All required or optional tree removal or pruning shall be performed by a private tree service holding a current City of Fort Collins Arborist license. 12. Applying thick layers of wood mulch over a portion of the root system of existing trees may be directed at individual locations to adequately prevent soil compaction during construction activity. 13. Loss or potential injury to any tree(s) shown to be retained due to contractor neglect or improper construction activities will result in a penalty of up to full damages for the assessed value of the tree(s) as determine by the City Forestry Division or qualified arborist using the Council of Tree an Landscape Appraiser Guide for Plant Appraisal (most recent edition). Full loss or partial injury value will be assessed to the contractor. 14. A fine of one-thousand dollars may be levied against the contractor for each incident of unnecessary damage to existing trees by not following the tree protection notes. If a financial penalty is not imposed for a violation, the City project manager shall document the incident with an explanation of why a fine was not imposed. 15. The contractor is responsible for scheduling tree inspections with the City Forester or consulting arborist at critical phases of the project. There shall be daily coordination of field crews by the contractor during the critical phases of the project to ensure the tree protection specifications are followed as well as the direction received from the City Forester or a consulting arborist. Critical phases are defined as work being conducted in proximity of trees to be protected or transplanted where any form of damage could occur. Examples could be demolition of existing concrete, root pruning, construction of retaining walls and construction of new curb. 16. The City Forestry Division shall be notified prior to any trenching, excavation or construction activity known, or suspected, to involve cutting roots or damaging any of the above ground portions of a preserved or transplanted tree. 17. When raising the grade around a tree, a dry well is required, when lowering the grade around a tree, a retaining wall is required. In such instances approval is required by the City Forester. 18. Irrigation lines or any underground fixture requiring excavation deeper than six inches shall be accomplished by boring under the root system of protected existing trees at a DocuSign Envelope ID: 21E3C89D-70A9-4F4A-8E2A-9CC472E76AD2 Service Agreement – Work Order Type 8731 Landscape & Irrigation Maintenance Services Page 39 of 45 minimum depth of twenty-four inches. The auger distance is established from the face of the tree (outer bark) and is scaled from tree diameter at breast height (see table). 19. Soil cultivation should not exceed 2 inches in depth within the drip line of any existing protected tree. The grade should also not be raised more than 2 inches within the drip- line of any existing protected tree. Tree Diameter at Breast Height (inches) Auger Distance From Face of Tree (feet) 0-2 1 3-4 2 5-9 5 10-14 10 15-19 12 Over 19 15 IRRIGATION WATER TARGETS BY WATER ACCOUNT WATER ACCOUNT IRRIGATION WATER TARGET (Gallons) 1011 1/2 W Mountain Ave. 236,353.2 102 Columbia Rd. 89,401.8 102 N. College Ave 25,269.5 1022 Fossil Creek Dr. 553,107.3 103 W. Boardwalk Dr. 148,583.9 104 S. Lemay Ave. 364,744.7 1099 Columbia Rd. 214,398.8 1100 W. Drake Rd. 24,715.5 1106 W. Mountain Ave. 174,926.5 1114 W Vine Dr 240,193.5 DocuSign Envelope ID: 21E3C89D-70A9-4F4A-8E2A-9CC472E76AD2 Service Agreement – Work Order Type 8731 Landscape & Irrigation Maintenance Services Page 40 of 45 1162 E Mulberry St 429,760.1 1200 S. College Ave. 21,481.0 1217 W. Mountain Ave. 176,236.2 1227 N College Ave 180,530.6 1238 W. Mountain Ave. 178,711.1 1246 W. Elizabeth St. 22,138.5 125 E. Mountain Ave. 52,688.7 126 Laporte Ave. 152,263.0 1280 W. Drake Rd. 438,863.9 1294 N College Ave 260,919.7 1300 S. College Ave. 91,888.6 1301 Hays St. 16,896.5 1309 W Harmony Rd 406,059.0 140 Jefferson St. 104,385.9 1403 W. Mountain Ave. 134,723.3 1413 N. Lemay Ave. 1,586,596.6 1414 W. Mountain Ave. 124,359.1 142 W. Prospect Rd. 15,626.7 1428 W. Harmony Rd. 98,152.9 1507 Longs Peak Dr. 26,729.2 1521 W. Mountain Ave. 179,764.3 1541 W. Mountain Ave. 116,753.8 1628 W. Harmony Rd. 49,075.7 1702 S. College Ave. 7,583.5 1722 W. Mountain Ave 420,873.8 1780 E Harmony Rd 66,294.5 1809 S. Timberline Rd. 142,371.8 1828 S. Shields St. 164,705.9 1831 E. Prospect Rd. 28,116.7 1832 N. College Ave. 27,406.4 190 E. Horsetooth Rd. 28,948.1 1940 E. Prospect Rd. 52,251.1 1947 E Harmony Rd 133,430.6 200 Canyon Ave. 56,806.8 2010 W. Harmony Rd. 50,985.3 2017 W. Drake Rd. 211,534.0 202 E. Laurel St. 54,125.9 202 S COLLEGE AVE 18,221.5 2030 W. Horsetooth Rd. 902,860.4 2060 S. College Ave. 38,454.9 DocuSign Envelope ID: 21E3C89D-70A9-4F4A-8E2A-9CC472E76AD2 Service Agreement – Work Order Type 8731 Landscape & Irrigation Maintenance Services Page 41 of 45 2100 Katahdin Dr. 427,164.4 2101 E. Prospect Rd. 889,445.0 2109 Custer Rd. 169,328.1 2111 E. Drake Rd. 415,301.4 2131 E. Horsetooth Rd. 160,712.8 2210 S. College Ave. 56,736.7 2246 E. Harmony Rd. 245,780.6 2404 S. College Ave. 39,732.7 2406 S. College Ave. 40,388.3 2411 N. County Rd. 11 551,916.1 2526 S. College Ave. 81,766.2 2600 S. Shields St. 16,900.9 2620 S. College Ave. 73,434.0 2700 E. Prospect Rd. 352,214.6 2851 S. College Ave. 360,091.1 2902 E Harmony Rd 394,709.1 298 E. Mountain Ave. 64,241.2 2998 S Taft Hill Rd 1,693,129.3 300 Canyon Ave. 30,189.3 300 E. Horsetooth Rd. 82,291.1 3031 Pleasant Valley Rd. 311,312.3 3033 S. Shields St. 371,522.5 3050 Council Tree Dr. 97,469.9 310 N COLLEGE 26,256.8 3113 S. College Ave. 315,034.6 324 E Harmony Road 236,291.3 330 W. Mountain Ave. 164,330.5 3331 S. College Ave. & 3403 S. College Ave. 314,887.4 3400 S. Shields St. 990,646.8 3596 Ziegler Rd. 20,166.9 3650 S. Lemay Ave. 596,265.1 391 E. Mountain Ave. 118,340.8 3911 S. Shields St. 556,756.9 3916 S. Lemay Ave. 1,042,647.6 400 W. Mountain Ave. 174,742.2 402 N. College Ave. 93,722.0 403 W. Horsetooth Rd. 210,504.2 430 E. Elizabeth St. 67,966.3 4374 S. College Ave. 121,908.8 445 N. College Ave. 34,498.8 DocuSign Envelope ID: 21E3C89D-70A9-4F4A-8E2A-9CC472E76AD2 Service Agreement – Work Order Type 8731 Landscape & Irrigation Maintenance Services Page 42 of 45 4466 S. Timberline Rd. 59,396.0 450 S. College Ave. 31,476.2 4586 E. County Rd. 32 897,626.5 4600 S. Lemay Ave. 76,723.1 4666 Ziegler Rd. 41,429.3 4730 S. Timberline Rd. 188,482.9 505 E. Oak St. 166,293.4 518 S. College Ave. 21,867.9 532 W. Mountain Ave. 165,194.9 600 W. Mountain Ave. 174,137.8 618 S. College Ave. 88,154.9 702 W. Horsetooth Rd. 88,752.4 708 Whalers Way 9,141.3 721 E. Pitkin St. 129,623.3 740 W. Mountain Ave. 171,399.4 800 E. Pitkin St. 30,615.0 802 W. Mountain Ave. 176,374.8 806 W. Drake Rd. 233,852.1 809 Strachan Dr. 75,618.5 810 E. Mulberry 24,596.5 824 Foxtail St. 232,925.1 911 1/2 W. Mountain Ave. 154,418.1 942 N. College Ave. 380,190.6 989 W. Horsetooth Rd. 120,374.4 Hwy 14 & Timberline 1,243,838.0 Mason/Harmony 141,682.8 Province Rd/S Lemay 27,448.8 SHARED - CSU WATER 5,275.0 SHARED - FCCP 179,894.9 SHARED - FRCC 88,293.8 SHARED - HOA WATER 35,099.4 SHARED - PRIVATE DISCONNECTED 2017 34,292.5 SHARED - TWIN SILO PARK 25,004.7 Trilby/S Lemay 26,439.9 Grand Total 26,897,949.2 DocuSign Envelope ID: 21E3C89D-70A9-4F4A-8E2A-9CC472E76AD2 Service Agreement – Work Order Type 8731 Landscape & Irrigation Maintenance Services Page 43 of 45 EXHIBIT D BID SCHEDULE/COMPENSATION ALL TERRAIN LANDSCAPING ADDITIONAL WORK ORDERS - HOURLY RATES Quantity Unit Unit Cost Site Foreman/Crew Chief 1 HOUR $ 55.00 Irrigation Scheduler (must meet certification requirement in spec) 1 HOUR $ 80.00 Irrigation Labor (repairs in the field) 1 HOUR $ 65.00 General Labor 1 HOUR $ 45.00 Spraying Labor (under a Qualified Supervisor or as a Qualified Applicator) 1 HOUR $ 65.00 Equipment Operator 1 HOUR $ 65.00 Materials Markup for Minor Repairs % 8% DocuSign Envelope ID: 21E3C89D-70A9-4F4A-8E2A-9CC472E76AD2 Service Agreement – Work Order Type 8731 Landscape & Irrigation Maintenance Services Page 44 of 45 EXHIBIT E 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 reduce coverage or limits and will not be cancelled, except after thirty (30) 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 $1,000,000 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. DocuSign Envelope ID: 21E3C89D-70A9-4F4A-8E2A-9CC472E76AD2 Service Agreement – Work Order Type 8731 Landscape & Irrigation Maintenance Services Page 45 of 45 EXHIBIT F 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. DocuSign Envelope ID: 21E3C89D-70A9-4F4A-8E2A-9CC472E76AD2 DocuSign Envelope ID: 21E3C89D-70A9-4F4A-8E2A-9CC472E76AD2 ANY PROPRIETOR/PARTNER/EXECUTIVE OFFICER/MEMBER EXCLUDED? INSR ADDL SUBR LTR INSD WVD PRODUCER CONTACT NAME: PHONE FAX (A/C, No, Ext): (A/C, No): E-MAIL ADDRESS: INSURER A : INSURED INSURER B : INSURER C : INSURER D : INSURER E : INSURER F : POLICY NUMBER POLICY EFF POLICY EXP TYPE OF INSURANCE (MM/DD/YYYY) (MM/DD/YYYY) LIMITS AUTOMOBILE LIABILITY UMBRELLA LIAB EXCESS LIAB WORKERS COMPENSATION AND EMPLOYERS' LIABILITY DESCRIPTION OF OPERATIONS / LOCATIONS / VEHICLES (ACORD 101, Additional Remarks Schedule, may be attached if more space is required) AUTHORIZED REPRESENTATIVE EACH OCCURRENCE $ CLAIMS-MADE OCCUR DAMAGE TO RENTED PREMISES (Ea occurrence) $ MED EXP (Any one person) $ PERSONAL & ADV INJURY $ GEN'L AGGREGATE LIMIT APPLIES PER: GENERAL AGGREGATE $ POLICY PRO- LOC JECT PRODUCTS - COMP/OP AGG OTHER: $ COMBINED SINGLE LIMIT (Ea accident) $ ANY AUTO BODILY INJURY (Per person) $ OWNED SCHEDULED AUTOS ONLY AUTOS BODILY INJURY (Per accident) $ HIRED NON-OWNED PROPERTY DAMAGE AUTOS ONLY AUTOS ONLY (Per accident) $ $ OCCUR EACH OCCURRENCE CLAIMS-MADE AGGREGATE $ DED RETENTION $ PER OTH- STATUTE ER E.L. EACH ACCIDENT E.L. DISEASE - EA EMPLOYEE $ If yes, describe under DESCRIPTION OF OPERATIONS below E.L. DISEASE - POLICY LIMIT INSURER(S) AFFORDING COVERAGE NAIC # COMMERCIAL GENERAL LIABILITY Y / N N / A (Mandatory in NH) SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS. THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER. IMPORTANT: If the certificate holder is an ADDITIONAL INSURED, the policy(ies) must have ADDITIONAL INSURED provisions or be endorsed. If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). COVERAGES CERTIFICATE NUMBER: REVISION NUMBER: CERTIFICATE HOLDER CANCELLATION ACORD 25 (2016/03) © 1988-2015 ACORD CORPORATION. All rights reserved. CERTIFICATE OF LIABILITY INSURANCE DATE (MM/DD/YYYY) $ $ $ $ $ The ACORD name and logo are registered marks of ACORD ALLTE-1 OP ID: KLJ 11/09/2018 Scott P. Runyan Renaissance Insurance Group P O Box 478 1349 Water Valley Pkwy., #200 Windsor, CO 80550 Scott P. Runyan 970-674-8825 970-674-8826 srunyan@reninsurance.com Continental Western Group All Terrain Ponds & Pinnacol Assurance Sprinklers, LLC dba All Terrain Landscaping 5312 W 9th St Dr Ste 120 Greeley, CO 80634 Columbia Casualty Company A X 1,000,000 X Y CPA3165845 06/01/2018 06/01/2019 300,000 10,000 1,000,000 2,000,000 X 2,000,000 A 1,000,000 X Y CPA3165845 06/01/2018 06/01/2019 A X X 3,000,000 CPA3165845 06/01/2018 06/01/2019 3,000,000 B X 4156367 06/01/2018 06/01/2019 1,000,000 1,000,000 1,000,000 C CEO6049574750 06/01/2018 06/01/2019 Per Claim 1,000,000 C Pollution Incident CEO6049574750 06/01/2018 06/01/2019 Aggregate 2,000,000 Subject to policy forms, conditions, definitions and exclusions Certificate holder is included as additional insured with respect to General Liability and Auto Liability when required by written contract. CITY OF City of Fort Collins PO Box 580 Fort Collins, CO 80522 970-674-8825 10804 41190 Contractors E&O DocuSign Envelope ID: 21E3C89D-70A9-4F4A-8E2A-9CC472E76AD2 NA NA 2. Water Management scheduling a. Daytime Watering for Establishment: Contractor shall notify City Project Manager of any daytime watering of new plant material. b. Establishment watering shall take into consideration the plant root depth of new plant material. Match irrigation application rate to the soil type and root depth. Avoid applying more water than can be contained in the root zone. Excessive water runoff shall be avoided. c. Plant water requirements during the establishment period may increase due to plant stress. Monitor landscape quality to identify strengths and weaknesses of existing water management and irrigation emitters and revise as appropriate. DocuSign Envelope ID: 21E3C89D-70A9-4F4A-8E2A-9CC472E76AD2