Loading...
HomeMy WebLinkAbout107133 BATH INC - CONTRACT - SOLE SOURCE - BATH INCOfficial Purchasing Document Last updated 10/2017 Services Agreement SS 2018 – BATH, INC. 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 BATH, 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 fifteen (15) page(s) 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. Time of Commencement and Completion of Services. The services to be performed pursuant to this Agreement shall be initiated upon execution of this Agreement. Services shall be completed no later than November 30, 2018. 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. 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: BATH, INC. Attn: Sara Salzman 2000 E. Prospect Road Fort Collins, CO 80525 City of Fort Collins Attn: Mark Laken 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. DocuSign Envelope ID: B16F7400-41B1-4DB5-BE73-4ABBCAF79F81 Official Purchasing Document Last updated 10/2017 Services Agreement SS 2018 – BATH, INC. Page 2 of 22 5. Contract Sum. The City shall pay the Service Provider for the performance of this Contract, subject to additions and deletions provided herein, Fourteen Thousand Seven Hundred Ninety-one Dollars ($14,791) as per the attached Exhibit "A", consisting of fifteen (15) page(s), 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. 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 DocuSign Envelope ID: B16F7400-41B1-4DB5-BE73-4ABBCAF79F81 Official Purchasing Document Last updated 10/2017 Services Agreement SS 2018 – BATH, INC. Page 3 of 22 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. 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 B, 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 DocuSign Envelope ID: B16F7400-41B1-4DB5-BE73-4ABBCAF79F81 Official Purchasing Document Last updated 10/2017 Services Agreement SS 2018 – BATH, INC. Page 4 of 22 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. 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 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 DocuSign Envelope ID: B16F7400-41B1-4DB5-BE73-4ABBCAF79F81 Official Purchasing Document Last updated 10/2017 Services Agreement SS 2018 – BATH, INC. Page 5 of 22 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. DocuSign Envelope ID: B16F7400-41B1-4DB5-BE73-4ABBCAF79F81 Official Purchasing Document Last updated 10/2017 Services Agreement SS 2018 – BATH, INC. Page 6 of 22 THE CITY OF FORT COLLINS, COLORADO By: Gerry Paul Purchasing Director DATE: ATTEST: APPROVED AS TO FORM: BATH, INC. By: Printed: Title: CORPORATE PRESIDENT OR VICE PRESIDENT Date: DocuSign Envelope ID: B16F7400-41B1-4DB5-BE73-4ABBCAF79F81 5/15/2018 Sara Salzman Sec Treas Assistant City Attorney ll 5/15/2018 City Clerk Official Purchasing Document Last updated 10/2017 Services Agreement SS 2018 – BATH, INC. Page 7 of 22 EXHIBIT A SCOPE OF SERVICES & COMPENSATION SCOPE OF WORK The project limits are along Prospect Road from 300 Feet west of UPRR Tracks to 500 Feet East of Timberline Road and along Timberline Road from Prospect Road to Blackbird Drive. The work includes: landscape maintenance as described in the specification. Work includes lawn mowing City owned parkways, irrigation system maintenance on City owned facilities, and landscape plant maintenance for both parkways and medians that were installed as part of the Timberline and Prospect Intersection Improvement Project that was completed in Fall of 2017. This landscape maintenance contract will begin in April and end in early November, 2018. See Bath Landscaping attached quote for additional scope information. COMPENSATION Seven (7) equal payments of the lump sum fee will be paid for each of the seven (7) growing season months. Payment shall not be processed until all work at the time of the invoice is completed. Total payment of the contract shall not exceed $14,791 without execution of change order. Maintenance conducted prior to contract execution that has not been paid may be submitted with the first invoice. SPECIFICATIONS Please refer to the following pages. DocuSign Envelope ID: B16F7400-41B1-4DB5-BE73-4ABBCAF79F81 Official Purchasing Document Last updated 10/2017 Services Agreement SS 2018 – BATH, INC. Page 8 of 22 DocuSign Envelope ID: B16F7400-41B1-4DB5-BE73-4ABBCAF79F81 Official Purchasing Document Last updated 10/2017 Services Agreement SS 2018 – BATH, INC. Page 9 of 22 1. 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 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 DocuSign Envelope ID: B16F7400-41B1-4DB5-BE73-4ABBCAF79F81 Official Purchasing Document Last updated 10/2017 Services Agreement SS 2018 – BATH, INC. Page 10 of 22 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 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. 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 4-inch to 5-inch height. No more than one- third (1/3) of the grass blade shall be removed during each DocuSign Envelope ID: B16F7400-41B1-4DB5-BE73-4ABBCAF79F81 Official Purchasing Document Last updated 10/2017 Services Agreement SS 2018 – BATH, INC. Page 11 of 22 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. 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. iv. Native Grass Turf 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. 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. DocuSign Envelope ID: B16F7400-41B1-4DB5-BE73-4ABBCAF79F81 Official Purchasing Document Last updated 10/2017 Services Agreement SS 2018 – BATH, INC. Page 12 of 22 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 ). 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. DocuSign Envelope ID: B16F7400-41B1-4DB5-BE73-4ABBCAF79F81 Official Purchasing Document Last updated 10/2017 Services Agreement SS 2018 – BATH, INC. Page 13 of 22 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 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 or parkway. Groupings of weeds shall not exceed a 1-foot by 1-foot area. 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. DocuSign Envelope ID: B16F7400-41B1-4DB5-BE73-4ABBCAF79F81 Official Purchasing Document Last updated 10/2017 Services Agreement SS 2018 – BATH, INC. Page 14 of 22 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. 2. 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 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 DocuSign Envelope ID: B16F7400-41B1-4DB5-BE73-4ABBCAF79F81 Official Purchasing Document Last updated 10/2017 Services Agreement SS 2018 – BATH, INC. Page 15 of 22 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 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. DocuSign Envelope ID: B16F7400-41B1-4DB5-BE73-4ABBCAF79F81 Official Purchasing Document Last updated 10/2017 Services Agreement SS 2018 – BATH, INC. Page 16 of 22 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 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. DocuSign Envelope ID: B16F7400-41B1-4DB5-BE73-4ABBCAF79F81 Official Purchasing Document Last updated 10/2017 Services Agreement SS 2018 – BATH, INC. Page 17 of 22 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 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. DocuSign Envelope ID: B16F7400-41B1-4DB5-BE73-4ABBCAF79F81 Official Purchasing Document Last updated 10/2017 Services Agreement SS 2018 – BATH, INC. Page 18 of 22 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. 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. b. Shrubs i. Apply 5 gallons two times per month for a newly planted shrub. c. Native Grasses DocuSign Envelope ID: B16F7400-41B1-4DB5-BE73-4ABBCAF79F81 Official Purchasing Document Last updated 10/2017 Services Agreement SS 2018 – BATH, INC. Page 19 of 22 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 MidSeptember and on Withhold watering to allow plants to harden for winter NA NA 2. Water Management scheduling Official Purchasing Document Last updated 10/2017 Services Agreement SS 2018 – BATH, INC. Page 20 of 22 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. 3. 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 1. 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 penalty. 2. 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. 3. 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. 4. 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. 4. 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. ii. A repair/replacement allotment shall be given on all work orders. This amount is not guaranteed to the contractor. iii. Minor repairs (under $200) shall be billed monthly. The billing shall include the location (object ID from GIS), cost of materials and labor hours. iv. 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. DocuSign Envelope ID: B16F7400-41B1-4DB5-BE73-4ABBCAF79F81 Official Purchasing Document Last updated 10/2017 Services Agreement SS 2018 – BATH, INC. Page 21 of 22 v. 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 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. vi. Traffic control billings, when appropriate, shall be submitted with invoice from traffic control company plus agreed upon markup as stated in contract. 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. vii. 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: B16F7400-41B1-4DB5-BE73-4ABBCAF79F81 Official Purchasing Document Last updated 10/2017 Services Agreement SS 2018 – BATH, INC. Page 22 of 22 EXHIBIT B 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: B16F7400-41B1-4DB5-BE73-4ABBCAF79F81 The ACORD name and logo are registered marks of ACORD CERTIFICATE HOLDER © 1988-2014 ACORD CORPORATION. All rights reserved. ACORD 25 (2014/01) AUTHORIZED REPRESENTATIVE CANCELLATION CERTIFICATE OF LIABILITY INSURANCE DATE (MM/DD/YYYY) JECT LOC PRO- POLICY GEN'L AGGREGATE LIMIT APPLIES PER: CLAIMS-MADE OCCUR COMMERCIAL GENERAL LIABILITY PREMISES (Ea occurrence) $ DAMAGE TO RENTED EACH OCCURRENCE $ MED EXP (Any one person) $ PERSONAL & ADV INJURY $ GENERAL AGGREGATE $ PRODUCTS - COMP/OP AGG $ DED RETENTION $ CLAIMS-MADE OCCUR $ AGGREGATE $ UMBRELLA LIAB EACH OCCURRENCE $ EXCESS LIAB DESCRIPTION OF OPERATIONS / LOCATIONS / VEHICLES (ACORD 101, Additional Remarks Schedule, may be attached if more space is required) INSR LTR TYPE OF INSURANCE POLICY NUMBER POLICY EFF (MM/DD/YYYY) POLICY EXP (MM/DD/YYYY) LIMITS PER STATUTE OTH- ER E.L. EACH ACCIDENT E.L. DISEASE - EA EMPLOYEE E.L. DISEASE - POLICY LIMIT $ $ $ ANY PROPRIETOR/PARTNER/EXECUTIVE If yes, describe under DESCRIPTION OF OPERATIONS below (Mandatory in NH) OFFICER/MEMBER EXCLUDED? WORKERS COMPENSATION AND EMPLOYERS' LIABILITY Y / N AUTOMOBILE LIABILITY ANY AUTO ALL OWNED SCHEDULED HIRED AUTOS NON-OWNED AUTOS AUTOS AUTOS COMBINED SINGLE LIMIT BODILY INJURY (Per person) BODILY INJURY (Per accident) PROPERTY DAMAGE $ $ $ $ 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. INSD ADDL WVD SUBR N / A $ $ (Ea accident) (Per accident) OTHER: 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 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: INSURED PHONE (A/C, No, Ext): PRODUCER ADDRESS: E-MAIL FAX (A/C, No): CONTACT NAME: NAIC # INSURER A : INSURER B : INSURER C : INSURER D : INSURER E : INSURER F : INSURER(S) AFFORDING COVERAGE SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS. INS025 (201401) 5/14/2018 Flood and Peterson PO Box 578 Greeley CO 80632 Jennifer Winter, CISR (970)506-3206 (970)506-6846 JWinter@floodpeterson.com Bath, Inc. 2000 E. Prospect Road Fort Collins CO 80525 Union Insurance Company 25844 Pinnacol Assurance 41190 CL17102620280 A X X X PD Ded:500 X CPA315208421 11/1/2017 11/1/2018 1,000,000 300,000 10,000 1,000,000 2,000,000 2,000,000 A X X X Drive Other Car X CPA315208421 11/1/2017 11/1/2018 1,000,000 A X X X 0 CPA315208421 11/1/2017 11/1/2018 5,000,000 5,000,000 B N 4015110 11/1/2017 11/1/2018 X 1,000,000 1,000,000 1,000,000 RE: Maintenance Contract City of Fort Collins, its officers, agents, and employees are listed as Additional Insureds as respects General Liability, including completed operations, and Auto Liability. Insurance is primary and non-contributory. J Winter, CISR/JWINTE City of Fort Collins PO Box 580 Fort Collins, CO 80522 DocuSign Envelope ID: B16F7400-41B1-4DB5-BE73-4ABBCAF79F81 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. 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. DocuSign Envelope ID: B16F7400-41B1-4DB5-BE73-4ABBCAF79F81