HomeMy WebLinkAboutMULTIPLE - 102136 441376 108976 125758 108979 - CONTRACT - BID - 8095 WEED CUTTING & RUBBISH REMOVAL (5)Services Agreement
BID 8095 Weed Cutting & Rubbish Removal Page 1 of 22
SERVICES AGREEMENT
THIS AGREEMENT made and entered into the day and year set forth below by and
between THE CITY OF FORT COLLINS, COLORADO, a Municipal Corporation, hereinafter
referred to as the "City" and ROCKY RIDGE NURSERY & LANDSCAPE LLC, hereinafter
referred to as "Service Provider".
WITNESSETH:
In consideration of the mutual covenants and obligations herein expressed, it is agreed
by and between the parties hereto as follows:
1. Scope of Services. The Service Provider agrees to provide services in accordance with
the scope of services attached hereto as Exhibit "A", consisting of four (4) pages and
incorporated herein by this reference. Irrespective of references in Exhibit A to certain
named third parties, Service Provider shall be solely responsible for performance of all
duties hereunder.
2. Contract Period. This Agreement shall commence upon signing, and shall continue in full
force and effect until April 30, 2016, 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.
3. Delay. If either party is prevented in whole or in part from performing its obligations by
unforeseeable causes beyond its reasonable control and without its fault or negligence,
then the party so prevented shall be excused from whatever performance is prevented by
such cause. To the extent that the performance is actually prevented, the Service
Provider must provide written notice to the City of such condition within fifteen (15) days
from the onset of such condition.
4. Early Termination by City/Notice. Notwithstanding the time periods contained herein, the
City may terminate this Agreement at any time without cause by providing written notice of
termination to the Service Provider. Such notice shall be delivered at least fifteen (15)
days prior to the termination date contained in said notice unless otherwise agreed in
writing by the parties. All notices provided under this Agreement shall be effective when
mailed, postage prepaid and sent to the following addresses:
Service Provider: City: Copy to:
Rocky Ridge Nursery &
Landscape LLC
Attn: Joe Moreng
327 E CR 60
Fort Collins, CO 80524
City of Fort Collins
Attn: Doug Groves
PO Box 580
Fort Collins, CO 80522
City of Fort Collins
Attn: Purchasing Dept.
PO Box 580
Fort Collins, CO 80522
DocuSign Envelope ID: E48E63AB-0E5E-4BA1-9A4B-C901A3EC0389
Services Agreement
BID 8095 Weed Cutting & Rubbish Removal Page 2 of 22
In the event of early termination by the City, the Service Provider shall be paid for services
rendered to the date of termination, subject only to the satisfactory performance of the
Service Provider's obligations under this Agreement. Such payment shall be the Service
Provider's sole right and remedy for such termination.
5. Contract Sum. The City shall pay the Service Provider for the performance of this
Contract, subject to additions and deletions provided herein, on a time and reimbursable
cost basis in accordance with the attached Exhibit "B", consisting of four (4) pages, and
incorporated herein by this reference.
6. City Representative. The City will designate, prior to commencement of the work, its
representative who shall make, within the scope of his or her authority, all necessary and
proper decisions with reference to the services provided under this agreement. All
requests concerning this agreement shall be directed to the City Representative.
7. Independent Service provider. The services to be performed by Service Provider are
those of an independent service provider and not of an employee of the City of Fort
Collins. The City shall not be responsible for withholding any portion of Service Provider's
compensation hereunder for the payment of FICA, Workmen's Compensation or other
taxes or benefits or for any other purpose.
8. Subcontractors. Service Provider may not subcontract any of the Work set forth in the
Exhibit A, Statement of Work without the prior written consent of the city, which shall not
be unreasonably withheld. If any of the Work is subcontracted hereunder (with the
consent of the City), then the following provisions shall apply: (a) the subcontractor must
be a reputable, qualified firm with an established record of successful performance in its
respective trade performing identical or substantially similar work, (b) the subcontractor will
be required to comply with all applicable terms of this Agreement, (c) the subcontract will
not create any contractual relationship between any such subcontractor and the City, nor
will it obligate the City to pay or see to the payment of any subcontractor, and (d) the work
of the subcontractor will be subject to inspection by the City to the same extent as the
work of the Service Provider.
9. Personal Services. It is understood that the City enters into the Agreement based on the
special abilities of the Service Provider and that this Agreement shall be considered as an
agreement for personal services. Accordingly, the Service Provider shall neither assign
any responsibilities nor delegate any duties arising under the Agreement without the prior
written consent of the City.
10. Acceptance Not Waiver. The City's approval or acceptance of, or payment for any of the
services shall not be construed to operate as a waiver of any rights or benefits provided to
the City under this Agreement or cause of action arising out of performance of this
Agreement.
11. Warranty.
DocuSign Envelope ID: E48E63AB-0E5E-4BA1-9A4B-C901A3EC0389
Services Agreement
BID 8095 Weed Cutting & Rubbish Removal Page 3 of 22
a. Service Provider warrants that all work performed hereunder shall be performed with
the highest degree of competence and care in accordance with accepted standards for
work of a similar nature.
b. Unless otherwise provided in the Agreement, all materials and equipment incorporated
into any work shall be new and, where not specified, of the most suitable grade of their
respective kinds for their intended use, and all workmanship shall be acceptable to
City.
c. Service Provider warrants all equipment, materials, labor and other work, provided
under this Agreement, except City-furnished materials, equipment and labor, against
defects and nonconformances in design, materials and workmanship/workwomanship
for a period beginning with the start of the work and ending twelve (12) months from
and after final acceptance under the Agreement, regardless whether the same were
furnished or performed by Service Provider or by any of its subcontractors of any tier.
Upon receipt of written notice from City of any such defect or nonconformances, the
affected item or part thereof shall be redesigned, repaired or replaced by Service
Provider in a manner and at a time acceptable to City.
12. Default. Each and every term and condition hereof shall be deemed to be a material
element of this Agreement. In the event either party should fail or refuse to perform
according to the terms of this agreement, such party may be declared in default thereof.
13. Remedies. In the event a party has been declared in default, such defaulting party shall
be allowed a period of ten (10) days within which to cure said default. In the event the
default remains uncorrected, the party declaring default may elect to (a) terminate the
Agreement and seek damages; (b) treat the Agreement as continuing and require specific
performance; or (c) avail himself of any other remedy at law or equity. If the non-defaulting
party commences legal or equitable actions against the defaulting party, the defaulting
party shall be liable to the non-defaulting party for the non-defaulting party's reasonable
attorney fees and costs incurred because of the default.
14. Binding Effect. This writing, together with the exhibits hereto, constitutes the entire
agreement between the parties and shall be binding upon said parties, their officers,
employees, agents and assigns and shall inure to the benefit of the respective survivors,
heirs, personal representatives, successors and assigns of said parties.
15. Indemnity/Insurance.
a. The Service Provider agrees to indemnify and save harmless the City, its officers,
agents and employees against and from any and all actions, suits, claims, demands or
liability of any character whatsoever brought or asserted for injuries to or death of any
person or persons, or damages to property arising out of, result from or occurring in
connection with the performance of any service hereunder.
b. The Service Provider shall take all necessary precautions in performing the work
hereunder to prevent injury to persons and property.
DocuSign Envelope ID: E48E63AB-0E5E-4BA1-9A4B-C901A3EC0389
Services Agreement
BID 8095 Weed Cutting & Rubbish Removal Page 4 of 22
c. Without limiting any of the Service Provider's obligations hereunder, the Service
Provider shall provide and maintain insurance coverage naming the City as an
additional insured under this Agreement of the type and with the limits specified within
Exhibit C, consisting of one (1) page, attached hereto and incorporated herein by this
reference. The Service Provider before commencing services hereunder, shall deliver
to the City's Director of Purchasing and Risk Management, P. O. Box 580 Fort Collins,
Colorado 80522 one copy of a certificate evidencing the insurance coverage required
from an insurance company acceptable to the City.
16. Entire Agreement. This Agreement, along with all Exhibits and other documents
incorporated herein, shall constitute the entire Agreement of the parties. Covenants or
representations not contained in this Agreement shall not be binding on the parties.
17. Law/Severability. The laws of the State of Colorado shall govern the construction
interpretation, execution and enforcement of this Agreement. In the event any provision of
this Agreement shall be held invalid or unenforceable by any court of competent
jurisdiction, such holding shall not invalidate or render unenforceable any other provision
of this Agreement.
18. Prohibition Against Employing Illegal Aliens. Pursuant to Section 8-17.5-101, C.R.S., et.
seq., Service Provider represents and agrees that:
a. As of the date of this Agreement:
1. Service Provider does not knowingly employ or contract with an illegal alien who
will perform work under this Agreement; and
2. Service Provider will participate in either the e-Verify program created in Public
Law 208, 104th Congress, as amended, and expanded in Public Law 156, 108th
Congress, as amended, administered by the United States Department of
Homeland Security (the “e-Verify Program”) or the Department Program (the
“Department Program”), an employment verification program established pursuant
to Section 8-17.5-102(5)(c) C.R.S. in order to confirm the employment eligibility of
all newly hired employees to perform work under this Agreement.
b. Service Provider shall not knowingly employ or contract with an illegal alien to perform
work under this Agreement or knowingly enter into a contract with a subcontractor that
knowingly employs or contracts with an illegal alien to perform work under this
Agreement.
c. Service Provider is prohibited from using the e-Verify Program or Department Program
procedures to undertake pre-employment screening of job applicants while this
Agreement is being performed.
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
DocuSign Envelope ID: E48E63AB-0E5E-4BA1-9A4B-C901A3EC0389
Services Agreement
BID 8095 Weed Cutting & Rubbish Removal Page 5 of 22
actual knowledge that the subcontractor is employing or contracting with an illegal
alien; and
2. Terminate the subcontract with the subcontractor if within three days of receiving
the notice required pursuant to this section the subcontractor does not cease
employing or contracting with the illegal alien; except that Service Provider shall
not terminate the contract with the subcontractor if during such three days the
subcontractor provides information to establish that the subcontractor has not
knowingly employed or contracted with an illegal alien.
e. Service Provider shall comply with any reasonable request by the Colorado
Department of Labor and Employment (the “Department”) made in the course of an
investigation that the Department undertakes or is undertaking pursuant to the
authority established in Subsection 8-17.5-102 (5), C.R.S.
f. If Service Provider violates any provision of this Agreement pertaining to the duties
imposed by Subsection 8-17.5-102, C.R.S. the City may terminate this Agreement. If
this Agreement is so terminated, Service Provider shall be liable for actual and
consequential damages to the City arising out of Service Provider’s violation of
Subsection 8-17.5-102, C.R.S.
g. The City will notify the Office of the Secretary of State if Service Provider violates this
provision of this Agreement and the City terminates the Agreement for such breach.
19. Special Provisions. Special provisions or conditions relating to the services to be
performed pursuant to this Agreement are set forth Exhibit "D" - Confidentiality, consisting
of one (1) page; Exhibit “E” – Subcontractors, consisting of one(1) page; Exhibit “F” -
Road Shoulder Mowing Locations, consisting of two (2) pages; Exhibit “G” – Suggested
Billing Form, consisting of one (1) page; and Exhibit “H” – Sample Lien Waver Release,
consisting of one(1) page, attached hereto and incorporated herein by this reference.
DocuSign Envelope ID: E48E63AB-0E5E-4BA1-9A4B-C901A3EC0389
Services Agreement
BID 8095 Weed Cutting & Rubbish Removal Page 6 of 22
DocuSign Envelope ID: E48E63AB-0E5E-4BA1-9A4B-C901A3EC0389
6/1/2015
Services Agreement
BID 8095 Weed Cutting & Rubbish Removal Page 7 of 22
EXHIBIT A
SCOPE OF WORK & SPECIFICATIONS
DEFINITIONS
City Representative shall mean the Compliance Supervisor or Streets Department
Superintendent, or their designated representative.
Service Provider shall mean a successful bidder who has entered into a Services Agreement
with the City of Fort Collins.
EQUIPMENT REQUIRED
The Service Provider shall submit a list of equipment that will be utilized to accomplish the work,
defined as the industry standard for the P.T.O. horse power needed for the make and model of
mower, the size of the bucket or for any other attachment used, and shall be prepared to have
equipment inspected and approved by the City's Representative. Category II and III require a
digital camera and all weed mowings and rubbish removal must have a digital photo taken prior
to the weed mowing and rubbish removal.
The City Representative shall make the final determination if the equipment made available by
the Service Provider is sufficient to perform the work satisfactorily in a timely means.
Inspections of equipment may be performed by the City Representative at any point during the
contract. There are four (4) categories to be bid on, and a Service Provider may bid on any or
all of the four categories:
Category 1: Extra Heavy Rubbish Removal which requires a loader and a tandem dump truck
with a 10 yard minimum box.
Category 2: Heavy Rubbish Removal requires a fork or bucket loader, a tractor with sufficient
capacity, defined as the industry standard for the P.T.O. horse power needed for the loader to
perform the work. A 5 yard minimum capacity dump truck and a Digital Camera.
Category 3: Weed and Normal Rubbish Removal requires a Five-foot rotary mower; a tractor
with sufficient capacity, defined as the industry standard for the P.T.O. horse power needed for
the make and model of the mower; hand tools; high back pickup truck; hand operated power
weed cutter/whip; three-foot walk behind mower; a Digital Camera.
Category 4: Road Shoulder Mowing requires a five-foot mower capable of mowing road
shoulders; tractor with sufficient capacity, minimum 75 hp, defined as the industry standard for
the P.T.O. horse power needed for the make and model of the mower. Seven-foot mower with a
seven-foot wing is desirable; hand operated power weed cutter/whip.
WORK DIVISION
The City intends to award this bid, based on bid price and demonstrated capacity, to multiple
Service Providers who may be responsible for one or more of the four categories placed for bid.
It is the intent of the Streets Department to assign work equally among Service Providers when
possible, however, there are no stated nor implied guarantees regarding the allocation of
assigned work. All Service Providers must have the equipment specified for the scope of the
work in each category in the bid.
All work shall be performed under the direction of the City Representative, and in strict
accordance with the bid specifications and the signed Services Agreement.
DocuSign Envelope ID: E48E63AB-0E5E-4BA1-9A4B-C901A3EC0389
Services Agreement
BID 8095 Weed Cutting & Rubbish Removal Page 8 of 22
The City Representative is authorized to assign jobs based on the equipment needed for any
particular job, regardless of original assignments.
REGULATIONS
All work must be done in compliance with all local/state/federal regulations. This includes
having your vehicles current including Colorado Intrastate USDOT Carrier Identification
Numbers and equipment above 500 lbs. must have current Special Mobile Equipment (SME)
registration. All employees must be properly licensed and qualified to operate the equipment
they work on. All employees must be hired and managed in accordance with all
local/state/federal requirements. All equipment must be properly licensed and maintained. A
violation of any applicable regulation will be grounds for termination.
NOTIFICATION
The City shall notify Service Provider verbally or in writing of services to be performed. Such
notification shall include the location of such services and any other special circumstances
relating to the services.
The City Representative must be able to reach the Service Provider easily, and within a
reasonable (within 2 hours) time frame. It is strongly suggested that Service Providers call the
City Representative daily, or have a mobile phone where messages can be left from May
through August.
If the City Representative is unable to reach a Service Provider when needed, the City
Representative may use any Service Provider to perform any type of weed and rubbish
removal, regardless of original assignment. Nothing within this Contract shall obligate the City
to have any particular service performed by the Service Provider.
PERFORMANCE
The Service Provider shall perform all work in a safe manner, and must ensure that proper
safety gear is worn at all times. Any damage caused by the Service Provider in the
performance of this contract shall be the sole responsibility of the Service Provider.
The Service Provider shall perform each job required in the most efficient manner and at the
lowest cost to the City.
The Service Provider shall be assigned each job by the City Representative, or his designate. A
list noting the address of the job, and the date the job was given to the Service Provider shall be
considered notice to proceed on each given job. At the time jobs are assigned, the City
Representative shall give oral and/or written instructions as to how each job is to be performed.
The Service Provider shall complete each job as assigned within five working days of receiving
the assignment. If the job is not completed within five days, the City Representative shall have
the option of giving the assigned job to another Service Provider of the City’s choice, or allowing
the original Service Provider complete the job.
Should extenuating circumstances arise, such as severe weather, which prevents the Service
Provider from completing the job on schedule, the Service Provider must immediately notify the
City Representative, who shall decide if an extension can be granted.
DocuSign Envelope ID: E48E63AB-0E5E-4BA1-9A4B-C901A3EC0389
Services Agreement
BID 8095 Weed Cutting & Rubbish Removal Page 9 of 22
If the Service Provider does not perform the job as instructed, they shall be called back to
correct the job. The City shall not be charged for any corrections, and all corrections shall be
made promptly and professionally. Failure to make corrections as specified will be cause to
terminate the contract.
Should the Service Provider arrive at a job site, to find the work partially done or in process, the
Service Provider shall not begin work, and shall immediately notify the City Representative.
Should a property owner or a resident request that the Service Provider stop work, the Service
Provider shall immediately stop work, give the property owner/resident the City Representative's
card or phone number, and immediately notify the City Representative. If possible the Service
Provider should also obtain the name and number of the property owner/resident.
CHANGES IN THE WORK
The City may, at any time during the term of a particular work assignment and without
invalidating the Contract, make changes within the general scope of the particular work
assignment and the Service Provider agrees to perform such changed work.
MATERIALS, EQUIPMENT AND LABOR
The Service Provider undertakes and agrees to furnish and pay for all materials, supplies, labor,
transportation, equipment, tools, consumables, services and supervision necessary to perform
any services hereunder.
MOVE-ON FEE
The Service Provider shall be allowed to charge a “move-on” fee of $20.00 on each job. Move-
on fees shall be determined jointly in writing or verbally between the Service Provider and the
City Representative when jobs are assigned.
HAZARD FEE
The Service Provider shall be allowed to charge a “hazardous fee” of $50.00 on jobs where the
rubbish contains potentially hazardous items. These items may include bedbugs, drug related
materials/waste, excrement, insect infestation, etc. It will be the responsibility of the Service
Provider to fully document the possible hazard with photos and narrative.
SUB CONTRACTORS AND MATERIALS
Any sub-contractor to be used must be prior approved by the City. A list of all permitted sub-
contractors (if applicable) and material suppliers (if any) must be submitted with the bid. The
Service Provider shall not utilize the services of any sub-contractor not listed on the sub-
contractor list as submitted in performing work pursuant to the Contract without the prior written
consent of the City nor shall the Service Provider obtain supplies or equipment used in the
performance of this contract unless such supplier is listed on the material list.
RECORDS
The Service Provider shall, at all times, maintain accurate work records, noting the address of
the job, the City-assigned job number, digital photos (as required), the condition of the property,
the hours worked, the employees used, the equipment used and any problems or unusual
incidents. These work records may be requested and inspected at any time by the City
Representative.
DocuSign Envelope ID: E48E63AB-0E5E-4BA1-9A4B-C901A3EC0389
Services Agreement
BID 8095 Weed Cutting & Rubbish Removal Page 10 of 22
BILLING
Invoices shall be submitted on City-approved forms only, and each invoice shall be submitted
with a lean-waiver release, if sub-contractors are used. Billings shall be submitted within seven
calendar days of job completion.
Work shall be charged at the hourly rate associated with the most efficient type of work and the
equipment used, as bid. All landfill fees will be reimbursed. However, landfill tickets must also
be submitted with the invoice. Time spent driving from the job site to the landfill, and back to the
job site shall be charged by the quarter hour, at the hourly rate submitted for light weed and
rubbish removal. Move-on fees may also be included on the invoice, if appropriate.
The first flat tire incurred in the course of work (if the flat was caused by a hazard on a job site,
and not in the public right-of-way) shall be reimbursed by the City, provided a receipt is
submitted. Subsequent flat tires caused by hazards on the same job site shall be paid for by the
Service Provider.
All billing must accurately reflect the actual time worked. Non-accurate billings may be cause
for termination of the contract.
LAWS AND REGULATIONS
The Service Provider agrees to comply fully with all applicable state and federal laws and
regulations and municipal ordinances. The Service Provider further agrees to comply fully with
the Occupational Safety and
Health Act, all regulations issued there under and all state laws and regulations enacted and
adopted pursuant thereto.
The Service Provider also agrees to require that all persons operating motorized equipment
possess a valid drivers' license and that it will comply with Title 8, Article 12, C.R.S., the
Colorado Youth Employment Opportunity Act of 1971.
The Service Provider agrees to pay all state and federal social security, unemployment
insurance and other taxes, assessments or contributions due and payable to the State of
Colorado and/or the United States in connection with the work to be performed under this
Contract, and the Service Provider shall hold the City harmless from any liability on account of
any such taxes or assessments.
DocuSign Envelope ID: E48E63AB-0E5E-4BA1-9A4B-C901A3EC0389
Services Agreement
BID 8095 Weed Cutting & Rubbish Removal Page 11 of 22
EXHIBIT B
BID SCHEDULE
DocuSign Envelope ID: E48E63AB-0E5E-4BA1-9A4B-C901A3EC0389
Services Agreement
BID 8095 Weed Cutting & Rubbish Removal Page 12 of 22
DocuSign Envelope ID: E48E63AB-0E5E-4BA1-9A4B-C901A3EC0389
Services Agreement
BID 8095 Weed Cutting & Rubbish Removal Page 13 of 22
DocuSign Envelope ID: E48E63AB-0E5E-4BA1-9A4B-C901A3EC0389
Services Agreement
BID 8095 Weed Cutting & Rubbish Removal Page 14 of 22
DocuSign Envelope ID: E48E63AB-0E5E-4BA1-9A4B-C901A3EC0389
Services Agreement
BID 8095 Weed Cutting & Rubbish Removal Page 15 of 22
EXHIBIT C
INSURANCE REQUIREMENTS
1. The Service Provider will provide, from insurance companies acceptable to the City, the
insurance coverage designated hereinafter and pay all costs. Before commencing work
under this bid, the Service Provider shall furnish the City with certificates of insurance
showing the type, amount, class of operations covered, effective dates and date of
expiration of policies, and containing substantially the following statement:
“The insurance evidenced by this Certificate will not 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: E48E63AB-0E5E-4BA1-9A4B-C901A3EC0389
Services Agreement
BID 8095 Weed Cutting & Rubbish Removal Page 16 of 22
DocuSign Envelope ID: E48E63AB-0E5E-4BA1-9A4B-C901A3EC0389
Services Agreement
BID 8095 Weed Cutting & Rubbish Removal Page 17 of 22
EXHIBIT D
CONFIDENTIALITY
IN CONNECTION WITH SERVICES provided to the City of Fort Collins (the “City”) pursuant to
this Agreement (the “Agreement”), the Service Provider hereby acknowledges that it has been
informed that the City has established policies and procedures with regard to the handling of
confidential information and other sensitive materials.
In consideration of access to certain information, data and material (hereinafter individually and
collectively, regardless of nature, referred to as “information”) that are the property of and/or
relate to the City or its employees, customers or suppliers, which access is related to the
performance of services that the Service Provider has agreed to perform, the Service Provider
hereby acknowledges and agrees as follows:
That information that has or will come into its possession or knowledge in connection with the
performance of services for the City may be confidential and/or proprietary. The Service
Provider agrees to treat as confidential (a) all information that is owned by the City, or that
relates to the business of the City, or that is used by the City in carrying on business, and (b) all
information that is proprietary to a third party (including but not limited to customers and
suppliers of the City). The Service Provider shall not disclose any such information to any
person not having a legitimate need-to-know for purposes authorized by the City. Further, the
Service Provider shall not use such information to obtain any economic or other benefit for itself,
or any third party, except as specifically authorized by the City.
The foregoing to the contrary notwithstanding, the Service Provider understands that it shall
have no obligation under this Agreement with respect to information and material that (a)
becomes generally known to the public by publication or some means other than a breach of
duty of this Agreement, or (b) is required by law, regulation or court order to be disclosed,
provided that the request for such disclosure is proper and the disclosure does not exceed that
which is required. In the event of any disclosure under (b) above, the Service Provider shall
furnish a copy of this Agreement to anyone to whom it is required to make such disclosure and
shall promptly advise the City in writing of each such disclosure.
In the event that the Service Provider ceases to perform services for the City, or the City so
requests for any reason, the Service Provider shall promptly return to the City any and all
information described hereinabove, including all copies, notes and/or summaries (handwritten or
mechanically produced) thereof, in its possession or control or as to which it otherwise has
access.
The Service Provider understands and agrees that the City’s remedies at law for a breach of the
Service Provider’s obligations under this Confidentiality Agreement may be inadequate and that
the City shall, in the event of any such breach, be entitled to seek equitable relief (including
without limitation preliminary and permanent injunctive relief and specific performance) in
addition to all other remedies provided hereunder or available at law.
DocuSign Envelope ID: E48E63AB-0E5E-4BA1-9A4B-C901A3EC0389
Services Agreement
BID 8095 Weed Cutting & Rubbish Removal Page 18 of 22
EXHIBIT E
SUBCONTRACTORS
DocuSign Envelope ID: E48E63AB-0E5E-4BA1-9A4B-C901A3EC0389
Services Agreement
BID 8095 Weed Cutting & Rubbish Removal Page 19 of 22
EXHIBIT F
ROAD SHOULDER MOWING LOCATIONS
2015 Road Shoulder Mowing 2015 – East Side
Revised: March 19, 2015
ID Location Description
1 Dartmouth & Stover At the irrigation ditch
2 East Harmony – College Ave. To the Walmart entrance, East of I25
3 I-25/Harmony Interchange
4 Trilby W of Ziegler Median only
5 Ziegler – Drake to Harmony East side behind curb
6 Reserved
7 Timberline – Stetson Creek to 392 Both sides
8 300 Block E Troutman North side along ditch behind curb
9 JFK Parkway- West side S of Troutman along ditch behind curb
10 Trilby – College to Timberline
10.1 Lemay- Snow Plain to Carpenter West side
10.2 Lemay-opposite of Paragon West side
11 Horsetooth – Stover to Stanford North side
12 Stanford N of Horsetooth to Monroe East side
12.1 Pedestrian path-Lemay to Shepardson School
13 Park Lake Dr. – East side From Centennial behind curb
14 Prospect at Timberline At ditch crossing
15 Prospect – Sharp Point to CR 5
16 Frontage Rd- S of Prospect to Port of Entry
17 Timberline- Prospect to Mulberry Both sides behind curb
17.1 International Blvd-Timberline to circle Center and sides
18 Riverside from Coloradoan to Lemay North side behind curb
19 Lemay- Riverside to Mulberry Behind curb
19.1 Mulberry- Lemay to Riverside Behind curb
20 Hoffman Mill Rd Poudre River Dr. to Nat Areas gate
21 1300 Hoffman Mill Rd Inside the fence
22 Riverside- Lemay to Lincoln North side behind curb
23 Lincoln - Willow to Lemay
24 Lemay- Lincoln to Mulberry
25 Buckingham- 10th to Linden
26 First St. – Lincoln to Buckingham West side
27 Third St. – Lincoln to Buckingham East side
28 Trujillo- 9th to 10th North side
29 Linden- Vine to Poudre River Include behind fence along ditch
30 Vine Dr. - Lemay to Timberline
30.1 Merganser north of Vine West side; curb to 6’ W of sidewalk
31 Timberline - Vine to Mtn. Vista Both sides
32 Mtn. Vista - Turnberry to I-25 South side
32.1 Bush Dr. – Mt. Vista to CR 52 Both sides
33 Giddings Rd- Mt Vista to 52 Both sides
34 County Rd 52- I-25 to Giddings Rd Both sides
35 Turnberry – Mtn. Vista to Country Club; Brightwater to Douglas Rd Both sides
36 Lemay - Vine to bridge near Linden Lake Rd. Both sides
37 Vine- Lemay to College Do not mow behind the curb
DocuSign Envelope ID: E48E63AB-0E5E-4BA1-9A4B-C901A3EC0389
Services Agreement
BID 8095 Weed Cutting & Rubbish Removal Page 20 of 22
2015 Road Shoulder Mowing 2015 – West Side
Revised: March 19, 2015
ID Location Description
1 I-25/392 Interchange – East side Invoice to Windsor
2 I-25/392 Interchange – West side Invoice to Fort Collins
3 College at Monroe At ditch crossings
3.1 Prospect & Cedarwood – SE Corner 50’x5’, both sides of storm inlet
3.2 Prospect- west of Larch, south side Along ditch crossing
3.3 Stuart- west of Heatheridge North side along irrigation ditch
3.4 Prospect- west of 1308 W Prospect Along ditch bank, north side
4 Drake at CSU Vet Hospital At ditch crossing, north side
5 Drake W of Research At ditch crossing
6 Drake at Constitution At ditch crossing
7 Drake at Wyandotte At ditch crossing
8 Drake- Overland to RV storage field as needed South side, behind curb, etc
9 Blevins Trail Hampshire (S. of Stuart) to Ross
10 Horsetooth at Seneca At ditch crossing
11 Horsetooth at McClelland At RR
12 Trilby – Taft Hill to College
13 Skyway – E of Hwy 287 / College Ave. To Parliament Ct.
14 Hickory-College to Railroad South Side
15 Hemlock- Mason to park Both Sides
16 Vine- Shields to Taft Both Sides
17 Laporte- Grandview to City limit Behind curb
18 Taft - Laporte to Vine Both Sides
19 Overland - Sumac to Blue Leaf Both Sides
20 Mulberry- Overland to the Rogers Park Both Sides
20.1 Orchard- west of Louise; ROW Berm and south side of street
21 Taft Hill -Harmony to Trilby Both Sides, see map
22 Horsetooth- Goodell to Seneca
23 Shields-Troutman to Wakerobin Behind curb, Both Sides
24 Shields- Wooded Creek to Trilby See map
25 Harmony- Shields to Regency North side
26 Fromme Prairie Way- to the fence line North side
27
McClelland- Drake to Horsetooth
Along ditch/BRT behind curb, West side
28 Mason Trail – Prospect to curve S of South Transit Center (STC) See map
29 MAX BRT – Prospect to STC See map
30 Shields- Spring Creek to Hobbit East side
31 625 9th Street Streets Facility, see map
Mowing is generally done on unimproved roadsides. Unless otherwise noted, mowing
will not occur behind curb areas.
Maps of each location are attached for your information.
Stay on the lookout for any weeds on concrete medians and along curb lines.
Please invoice by area.
DocuSign Envelope ID: E48E63AB-0E5E-4BA1-9A4B-C901A3EC0389
Services Agreement
BID 8095 Weed Cutting & Rubbish Removal Page 21 of 22
EXHIBIT G
SUGGESTED BILLING FORM
(If this form is not used, the Service Provider's form must be approved prior to use by the City
Representative.)
CITY OF FORT COLLINS
WEED AND RUBBISH ABATEMENT
BILLING INSTRUCTIONS AND INVOICE FORM
Vendor Name:
Phone Number:
Address (Street & #):
City, State, Zip Code:
INVOICE NO: INVOICE DATE:
BILLED TO: (City of Fort Collins) JOB NO:
LOCATION:
WORK DONE (Date/s/ and time/s/):
HOURS WEED CUTTING (Tractor - Hand):
HOURS RUBBISH-WEED CLEAN-UP & LOADING (Loader - Hand):
YARD OF RUBBISH - WEEDS:
HOURS HAULING (To Landfill):
LANDFILL FEE(s):
WORK ACCOMPLISHED:
CHARGE: $
DocuSign Envelope ID: E48E63AB-0E5E-4BA1-9A4B-C901A3EC0389
Services Agreement
BID 8095 Weed Cutting & Rubbish Removal Page 22 of 22
EXHIBIT H
SAMPLE LIEN RELEASE
The undersigned, for good and valuable consideration, the receipt and sufficiency of which are
hereby acknowledged, and intending to be contractually bound, hereby waives and releases to
and for the benefit of the owners of any properties on which work was performed pursuant to the
Contract for Weed and Rubbish Abatement for Spring-Summer, 2015, by and between the
undersigned and the City of Fort Collins, Colorado, all rights of the undersigned to claim a
mechanic's lien pursuant to Colorado Revised Statutes, or any similar lien for work completed
before ____ in conjunction with the property at the following address:
and the undersigned hereby acknowledges the reliance of the owner or owners of such property
and the City of Fort Collins, Colorado, upon the waiver and release herein contained.
Last Payment Received: $
Name of Service Provider:
Authorized Signature:
Capacity (i.e., officer sole owner, partner):
DocuSign Envelope ID: E48E63AB-0E5E-4BA1-9A4B-C901A3EC0389