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HomeMy WebLinkAbout578298 TIGER TREE INC - CONTRACT - BID - 8404 TREES ALONG TRAILS PLANTINGSServices Agreement 8404 Trees Along Trails Plantings Page 1 of 20 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 TIGERTREE INC, 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 ten (10) 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. The Work Schedule. The services to be performed pursuant to this Agreement shall be performed in accordance with the Work Schedule attached hereto as Exhibit "B", consisting of one (1) page, and incorporated herein by this reference. 3. Time of Commencement and Completion of Services. The services to be performed pursuant to this Agreement shall commence following execution of this Agreement. Installation services shall be completed no later than March 31, 2017. Monthly watering services for installed trees shall commence April 1, 2017 and continue until March 31, 2019. Time is of the essence. Any extensions of the time limit set forth above must be agreed upon in a writing signed by the parties. 4. 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. 5. 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: DocuSign Envelope ID: C6277978-2F37-4E6B-B35D-B6E2C0C664EB Services Agreement 8404 Trees Along Trails Plantings Page 2 of 20 Service Provider: City: Copy to: Tigertree, Inc. Attn: Kayla Stonehouse 110 Howe Road Laramie, WY 82070 City of Fort Collins Attn: Craig Kisling 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 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. 6. Contract Sum. The City shall pay the Service Provider for the performance of this Contract, subject to additions and deletions provided herein, Sixty-Six Thousand One Hundred Twenty-Five Dollars ($66,125) as per the attached Exhibit "C", consisting of two (2) pages, and incorporated herein by this reference. During the term of the Agreement, the City reserves the right to add or delete trees and watering in accordance with the unit pricing stated in Exhibit “C”. 7. 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. 8. 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. 9. 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. Service Provider shall require all subcontractors performing work hereunder shall maintain insurance coverage naming the City as an additional insured under this Agreement of the type and with the limits specified within Exhibit “D,” consisting of one (1) page, attached hereto and incorporated herein by this reference. Service Provider shall maintain a copy of each subcontractor’s certificate evidencing the required insurance. Upon request the Service Provider shall promptly DocuSign Envelope ID: C6277978-2F37-4E6B-B35D-B6E2C0C664EB Services Agreement 8404 Trees Along Trails Plantings Page 3 of 20 provide the City with a copy of such certificate(s). 10. Personal Services. It is understood that the City enters into the Agreement based on the special abilities of the Service Provider and that this Agreement shall be considered as an agreement for personal services. Accordingly, the Service Provider shall neither assign any responsibilities nor delegate any duties arising under the Agreement without the prior written consent of the City. 11. Acceptance Not Waiver. The City's approval or acceptance of, or payment for any of the services shall not be construed to operate as a waiver of any rights or benefits provided to the City under this Agreement or cause of action arising out of performance of this Agreement. 12. Warranty. a. Service Provider warrants that all work performed hereunder shall be performed with the highest degree of competence and care in accordance with accepted standards for work of a similar nature. b. Unless otherwise provided in the Agreement, all materials and equipment incorporated into any work shall be new and, where not specified, of the most suitable grade of their respective kinds for their intended use, and all workmanship shall be acceptable to City. 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 twenty-four (24) months after planting under the Agreement, regardless whether the same were furnished or performed by Service Provider or by any of its subcontractors of any tier. Upon receipt of written notice from City of any such defect or nonconformances, the affected item or part thereof shall be redesigned, repaired or replaced by Service Provider in a manner and at a time acceptable to City. 13. Default. Each and every term and condition hereof shall be deemed to be a material element of this Agreement. In the event either party should fail or refuse to perform according to the terms of this agreement, such party may be declared in default thereof. 14. Remedies. In the event a party has been declared in default, such defaulting party shall be allowed a period of ten (10) days within which to cure said default. In the event the default remains uncorrected, the party declaring default may elect to (a) terminate the Agreement and seek damages; (b) treat the Agreement as continuing and require specific performance; or (c) avail himself of any other remedy at law or equity. If the non-defaulting party commences legal or equitable actions against the defaulting party, the defaulting party shall be liable to the non-defaulting party for the non-defaulting party's reasonable attorney fees and costs incurred because of the default. DocuSign Envelope ID: C6277978-2F37-4E6B-B35D-B6E2C0C664EB Services Agreement 8404 Trees Along Trails Plantings Page 4 of 20 15. Binding Effect. This writing, together with the exhibits hereto, constitutes the entire agreement between the parties and shall be binding upon said parties, their officers, employees, agents and assigns and shall inure to the benefit of the respective survivors, heirs, personal representatives, successors and assigns of said parties. 16. Indemnity/Insurance. a. The Service Provider agrees to indemnify and save harmless the City, its officers, agents and employees against and from any and all actions, suits, claims, demands or liability of any character whatsoever brought or asserted for injuries to or death of any person or persons, or damages to property arising out of, result from or occurring in connection with the performance of any service hereunder. b. The Service Provider shall take all necessary precautions in performing the work hereunder to prevent injury to persons and property. c. Without limiting any of the Service Provider's obligations hereunder, the Service Provider shall provide and maintain insurance coverage naming the City as an additional insured under this Agreement of the type and with the limits specified within Exhibit D, 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. 17. Entire Agreement. This Agreement, along with all Exhibits and other documents incorporated herein, shall constitute the entire Agreement of the parties. Covenants or representations not contained in this Agreement shall not be binding on the parties. 18. Law/Severability. The laws of the State of Colorado shall govern the construction interpretation, execution and enforcement of this Agreement. In the event any provision of this Agreement shall be held invalid or unenforceable by any court of competent jurisdiction, such holding shall not invalidate or render unenforceable any other provision of this Agreement. 19. Prohibition Against Employing Illegal Aliens. Pursuant to Section 8-17.5-101, C.R.S., et. seq., Service Provider represents and agrees that: a. As of the date of this Agreement: 1. Service Provider does not knowingly employ or contract with an illegal alien who will perform work under this Agreement; and 2. Service Provider will participate in either the e-Verify program created in Public Law 208, 104th Congress, as amended, and expanded in Public Law 156, 108th Congress, as amended, administered by the United States Department of Homeland Security (the “e-Verify Program”) or the Department Program (the “Department Program”), an employment verification program established pursuant DocuSign Envelope ID: C6277978-2F37-4E6B-B35D-B6E2C0C664EB Services Agreement 8404 Trees Along Trails Plantings Page 5 of 20 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 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. 20. Fugitive Dust Prevention and Control. The City of Fort Collins has adopted a Dust Prevention and Control Manual and can be found at the following link: http://www.fcgov.com/airquality/fugitive-dust.php. All operations conducted under this Agreement shall be performed in accordance with the stated procedures and requirements. DocuSign Envelope ID: C6277978-2F37-4E6B-B35D-B6E2C0C664EB Services Agreement 8404 Trees Along Trails Plantings Page 6 of 20 THE CITY OF FORT COLLINS, COLORADO By: Gerry Paul Purchasing Director Date: ATTEST: APPROVED AS TO FORM: TIGERTREE, INC. By: Printed: Title: CORPORATE PRESIDENT OR VICE PRESIDENT Date: DocuSign Envelope ID: C6277978-2F37-4E6B-B35D-B6E2C0C664EB 11/29/2016 Kayla Stonehouse Business Manager Assistant City Attorney 11/29/2016 City Clerk Services Agreement 8404 Trees Along Trails Plantings Page 7 of 20 SCOPE OF WORK 8404 TREES ALONG TRAILS PLANTINGS Description: This bid is for a unit price to install new trees in several locations along existing City of Fort Collins recreational trails and also to water each tree. Trees will be from a selected list of balled and burlapped, 2.0 inch (or larger) caliper canopy shade trees. Qualifications of Bidder: 1. Qualified bidder must have a minimum of five years as a landscape contractor. 2. Qualified bidder will supply with bid, 3 references specific to like landscape work. Bidder must supply other references upon request. References must include contact name, title, phone number and email address, date when work was completed and type of work. 3. Qualified bidder must have sufficient manpower and equipment to accomplish said work in the required time. 4. The Owner may make such investigation as it deems necessary to determine the ability of the bidder to perform the work and the bidder shall furnish to the Owner all such information and data as is reasonably required for this purpose. The Owner reserves the right to disqualify any bid if the evidence resulting from the Owners investigation shows, in the opinion of the Owner, that the bidder is not properly qualified to prosecute the work described herein. Specifications: 1. Supply and plant 125 trees; 63 Plains Straight Cottonwoods and 62 Narrowleaf Cottonwoods along the trails in areas shown in Attachment 1. 2. Projects will be assigned in groups of approximately 15 - 25 trees at a time and will include the two species listed. Attachment 1 provides the locations and numbers of plantings to be installed. 3. Project shall be completed within 30 days of Notice to Proceed. The City prefers planting to be completed in the fall of 2016, but if tree availability and/or weather conditions do not permit planting, spring 2017 planting can be considered. 4. The planting locations will be marked with a pink wooden stake prior to the work being started. 5. The Service Provider is legally responsible for obtaining utility locates. 6. The Service Provider will be responsible to water each tree at a minimum of 30 times per year for two years. Each tree should receive 20-30 gallons of water at each watering. Watering’s shall be invoiced at the end of every month that watering has occurred. 7. Plant material shall be inspected by the Owner’s Representative and the City of Fort Collins Forestry before planting. Rejected materials must be removed from the site, replaced and the new tree re-inspected before planting. The Owner reserves the right to reject plant material at any stage of installation. DocuSign Envelope ID: C6277978-2F37-4E6B-B35D-B6E2C0C664EB Services Agreement 8404 Trees Along Trails Plantings Page 8 of 20 8. All trees used shall meet the ANSI Z60.1 – 2004 American Standards for Nursery Stock. Trees with disease or insects are not permitted. Trees with wounds or broken branches will be rejected. Trees with co-dominant leaders or poor form will be rejected. 9. Trees shall be balled and burlapped. Broken or loose root balls will be rejected. Balled and burlapped plants shall be nursery grown stock adequately balled with a firm root ball, and in sizes and ratios conforming to the Colorado Nursery Act and in conformance with the ANSI Z60.1 standards. 10. Trees to be planted shall have been dug within one year from the time of planting. If stock is not available to meet this specification then trees stored above ground for less than two years may be acceptable. Stock held above ground 1-2 years will only be acceptable by special approval and only if quality and condition have not been reduced by extended storage. 11. Trees shall be protected at all times from injury of any kind. Protect root balls from drying out during storage, transport and the planting process. When trees are in foliage special care should be taken to prevent crowns from drying out. Cover trees with a protective cloth or tarp when transporting. If trees must be transported at higher speeds (i.e. – the interstate highway), they must be covered with a protective tarp. 12. Caution must be used to prevent damage to roots, trunks and branches during all phases of storage, transport and during the planting process. 13. Planting holes shall be dug 1.5 times wider than the tree ball. Existing soil shall be used for back fill. Trees shall be planted so that the top of the natural ball is about 1” above grade. Planting holes shall not be over excavated in terms of depth. 14. Trees rings shall be mulched with 4 inches of mulch. Mulch will be supplied by the City of Fort Collins Forestry. The material is to be obtained at the Hoffman Mill Crushing Operations, 1380 Hoffman Mill Road, Fort Collins, CO 80524. 15. Remove at least the top half of the wire basket and burlap. 16. Remove all labels, flagging and twine from around the trunk and branches. 17. Remove excess soil, sod and any other materials not part of the tree planting. 18. When extra soil is needed to complete planting to specification it shall be provided by the Service Provider. 19. All trees will be staked with two round wooden stakes that are a minimum of 6ft long. Attachments to the trunk shall be by a method approved by the City Forester. The City Forester must inspect and approve the staking materials prior to the start of the planting. Hose and wire will not be an acceptable method of securing the tree to the stakes. The Service Provider is responsible for removing stakes and staking materials after 2 years. 20. Service Provider will provide a warrantee for two years after planting. Service Provider is not responsible for trees that die from vandalism. The City will notify the Service Provider DocuSign Envelope ID: C6277978-2F37-4E6B-B35D-B6E2C0C664EB Services Agreement 8404 Trees Along Trails Plantings Page 9 of 20 of trees that need to be replaced. Notifications made from May 1 to September 1 shall be completed within three weeks. 21. At the end of the warrantee period, the Owner’s Representative will inspect trees for satisfactory condition. The Owner’s Representative shall contact the Service Provider concerning replacements. Replacements may take place the following growing season if deemed proper or necessary by the Owner’s Representative. 22. If a tree is in marginal condition at the end of the warrantee period it may be agreeable to both parties to wait until the end of the growing season before deciding whether to replace that tree. Plant materials that are replaced during the warranty period shall be replaced one time at the Service Provider's expense. Cost of subsequent replacements, if required, shall be negotiated with the Owner's Representative. 23. Replacements shall be of the same kind and size as originally specified and shall be installed as described in the contract documents unless changes are approved by the City Representative. Repairs and replacements shall be made at no expense to the Owner. 24. The Service Provider is responsible for fixing irrigation lines damaged or broken during planting. Repairs must be completed within 3 work days of damage or notification of damage. 25. Service Provider shall notify the City Park Planning and Forestry Division at least one day prior to planting. Planting will not occur on Fridays. 26. Work shall conform to City of Fort Collins traffic control requirements and all other rules and laws of the land. 27. The Service Provider shall be responsive and courteous to all citizens they come in contact with and promptly report any concerns or requested changes to City Forestry. 28. Failure of a Service Provider to adhere to any of these specifications or requirements shall be grounds to terminate this Agreement. 29. Other species and/or additional tree transplanting methods will be handled on an individual basis. Prices would be negotiated on a per job basis. Tree List: Populus sargentii 'Jeronimus' Plains Straight Cottonwood Populus angustifolia Narrowleaf Cottonwood DocuSign Envelope ID: C6277978-2F37-4E6B-B35D-B6E2C0C664EB Services Agreement 8404 Trees Along Trails Plantings Page 10 of 20 DocuSign Envelope ID: C6277978-2F37-4E6B-B35D-B6E2C0C664EB Services Agreement 8404 Trees Along Trails Plantings Page 11 of 20 DocuSign Envelope ID: C6277978-2F37-4E6B-B35D-B6E2C0C664EB Services Agreement 8404 Trees Along Trails Plantings Page 12 of 20 DocuSign Envelope ID: C6277978-2F37-4E6B-B35D-B6E2C0C664EB Services Agreement 8404 Trees Along Trails Plantings Page 13 of 20 DocuSign Envelope ID: C6277978-2F37-4E6B-B35D-B6E2C0C664EB Services Agreement 8404 Trees Along Trails Plantings Page 14 of 20 DocuSign Envelope ID: C6277978-2F37-4E6B-B35D-B6E2C0C664EB Services Agreement 8404 Trees Along Trails Plantings Page 15 of 20 DocuSign Envelope ID: C6277978-2F37-4E6B-B35D-B6E2C0C664EB Services Agreement 8404 Trees Along Trails Plantings Page 16 of 20 DocuSign Envelope ID: C6277978-2F37-4E6B-B35D-B6E2C0C664EB Services Agreement 8404 Trees Along Trails Plantings Page 17 of 20 EXHIBIT B WORK SCHEDULE DocuSign Envelope ID: C6277978-2F37-4E6B-B35D-B6E2C0C664EB Services Agreement 8404 Trees Along Trails Plantings Page 18 of 20 EXHIBIT C COMPENSATION DocuSign Envelope ID: C6277978-2F37-4E6B-B35D-B6E2C0C664EB Services Agreement 8404 Trees Along Trails Plantings Page 19 of 20 DocuSign Envelope ID: C6277978-2F37-4E6B-B35D-B6E2C0C664EB Services Agreement 8404 Trees Along Trails Plantings Page 20 of 20 EXHIBIT D 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: C6277978-2F37-4E6B-B35D-B6E2C0C664EB DocuSign Envelope ID: C6277978-2F37-4E6B-B35D-B6E2C0C664EB DocuSign Envelope ID: C6277978-2F37-4E6B-B35D-B6E2C0C664EB DocuSign Envelope ID: C6277978-2F37-4E6B-B35D-B6E2C0C664EB