HomeMy WebLinkAbout414759 SWINGLE LAWN TREE & LANDSCAPE CARE - CONTRACT - RFP - 8559 HOLIDAY LIGHTINGServices Agreement
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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 SWINGLE LAWN TREE & LANDSCAPE CARE, 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 seven (7) 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 August 1, 2017, and shall continue in
full force and effect until July 31, 2022, unless sooner terminated as herein provided.
3. Appropriation. To the extent this Agreement or any provision in it constitutes a multiple
fiscal year debt or financial obligation of the City, it shall be subject to annual appropriation
by City Council as required in Article V, Section 8(b) of the City Charter, City Code Section
8-186, and Article X, Section 20 of the Colorado Constitution. The City shall have no
obligation to continue this Agreement in any fiscal year for which no such supporting
appropriation has been made.
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:
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Service Provider: City: Copy to:
Swingle Lawn Tree &
Landscape Care, Inc.
Attn: Tom Lynch
1805 E Lincoln Ave.
Fort Collins CO 80524
City of Fort Collins
Attn: Mike Brunkhardt
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, One Hundred and Eight
Thousand dollars ($108,000) per year, as per the attached Exhibit B, consisting of one (1)
page, and incorporated herein by this reference.
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.
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.
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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 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.
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.
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.
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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 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 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
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
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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.
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THE CITY OF FORT COLLINS, COLORADO
By:
Gerry Paul
Purchasing Director
DATE:
ATTEST:
APPROVED AS TO FORM:
SWINGLE LAWN TREE & LANDSCAPE CARE,
INC.
By:
Printed:
Title:
CORPORATE PRESIDENT OR VICE PRESIDENT
Date:
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Paul J Reimers
8/1/2017
Director of Finance
Assistant City Attorney
8/1/2017
City Clerk
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EXHIBIT A
SCOPE OF SERVICES
The City of Fort Collins is requesting proposals for supply, installation, maintenance, removal
and storage of holiday lighting for the Fort Collins Old Town area. The City will require the
Service Provider to perform all aspects of the scope of the work without City assistance.
All tree canopy lights are required to be size C7 LED Warm White to mimic the appearance of
incandescent lighting and will be supplied by the Service Provider. All lights must be
commercial grade, UL certified with polycarbonate lenses. All tree canopy light strings are
required to have one (1) light bulb every thirty-six (36) inches. All tree canopy lights outfitted on
trees that are designated “new planting” are required to have one (1) bulb every eighteen (18)
inches.
Canopy lighting: Installation of size C7 LED Warm White holiday canopy lighting onto
specified trees in an in-and-out pattern. See maps #1-4 for specific sites.
Mini LED light trunk wraps: In addition to canopy lights, the following tree locations
require the circumference of the tree trunks to be wrapped in a circular pattern from
ground level to the first branch. Each level of trunk wrap should be approximately six (6)
to eight (8) inches apart. These specific trees are located in the following areas:
o College and Laporte intersection: South median
o College and Mountain: North, South, West medians
o College and Mountain: East median from College Avenue to Matthews Street.
o College and Oak: North and South medians
o College and Olive: North and South medians
o College and Magnolia: North median
o Oak Street Plaza Park
o Old Town Square proper
o Walnut St. from Linden to Pine.
Trees in these areas vary in size with a total count of 334 (approximate) trees. This will require
a minimum of 136,500 (approximate) total linear feet of lighting. The completed installation of
the canopies and wrapped tree trunks shall be inspected and subject to approval by the City
Project Manager. Any issues identified by the City shall be promptly corrected by the Service
Provider. Reference the Holiday Lighting Tree Maps for tree locations and sizes.
All holiday lighting products will be available for use by the City for the duration of the holiday
season (October thru February 15th) from the Service Provider. Holiday lighting equipment will
be the responsibility of the Service Provider to maintain and repair during the holiday lighting
season and store during the off-season, at the Service Provider’s cost.
NOTE:
Linear feet is based off of an average length per tree size, (see chart for reference).
The reference chart is not intended to be an exact tool for bidding purposes and is only for
canopy lighting.
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REFERENCE CHART
Size
Small Medium Large
New
Plantings
Total
Trees
106 174 35 19
334
Linear Feet
Multiplier 300 450 700 100
Total Linear
Feet
31,800 78,300 24,500 1,900 = 136,500 TOTAL
CITY REQUIREMENTS
a. The holiday lighting Service Provider may begin installation no sooner than the last
Monday in September. All holiday lights must be installed, tested and ready for
inspection by the City’s Project Manager by the last Friday in October. Any and all
required adjustments resulting from the City Project Manager’s inspection must be
performed and re-inspected by the following Wednesday. Installation and inspection
must be completed in six (6) weeks. The holiday light installation, in its entirety, must be
completed by the first Friday in November. Lights must be installed in the most tamper-
resistant method as possible.
b. Lighting shall be installed and removed between the hours of 11PM – 7AM, or upon
approval from Project Manager. There are no weekend restrictions for light installation.
c. During the holiday light season the Service Provider shall inspect the lights no less than
once every 7 days to ensure proper function and that all lights are in working order. All
maintenance of the lights must be performed by the Service Provider. Service Provider
shall have 24 hours to respond to any phone, e-mail or fax notification from the Project
Manager. Service Provider must repair any loose light strings or wiring that present a
hazard to pedestrians or obstruct the passage of vehicles within 2 hours of notification.
A weekly report shall be sent via e-mail to the City’s holiday lighting Project Manager,
Mike Brunkhardt and the Downtown Crew Chief, Brendan Reed, to notify findings,
repairs and justified cost.
d. Service Provider must provide programmable, remote-controlled electrical timers for
areas where holiday lights are connected to poles or buildings without timer controlled
circuits. An example of the preferred programmable, remote-controlled timer is Westek
model number TM21DOLB.
e. Oak Street Plaza festoon lights: Parks Department Crew Chief will coordinate the
removal and reinstallation of festoon lighting in Oak Street Plaza. This practice is to
provide a safe, more efficient environment for the holiday lighting Service Provider to
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install lighting in Oak Street Plaza. The festoon lights are generally taken down for no
more than 3 nights.
f. No motorized lift equipment can be used during the installation, maintenance or removal
of holiday lights in Old Town Square. Certified tree climbers must be used to install
holiday lights in tree canopies designated medium or large.
g. All required traffic control shall be provided by the Service Provider. Traffic control plans
must be prepared by the Service Provider and submitted to the Traffic Operations
Department for approval prior to commencement of work.
h. Holiday lights are turned off for the season on February 15th. Removal of holiday lights
must be completed within three weeks after that date. Consideration for inclement
weather shall be given and must be approved by the City’s Project Manager.
i. Service Provider is liable for all damage of trees during the installation, removal and
maintenance phases. All pruning must be completed by an ISA Certified Arborist
licensed in the City of Fort Collins. No tree shall be cut in such a manner that its health
or eventual safety will be impaired.
j. Proper storage of the lights shall be the Service Provider’s responsibility.
k. Milestone payments: 50% of the cost of the contract will be paid to the Service Provider
after the City’s Project Manager has approved the final inspection of the installation
process. The remaining 50% of the contract will be paid upon confirmation that all
holiday lights have been removed at the end of the project season.
l. Payment method: Service Provider will invoice the Fort Collins Parks Department for
each milestone payment and any reimbursable incidental charges, as they occur.
Invoices will be paid for the City of Fort Collins, Net 30 terms.
m. Invoices are to be emailed to invoices@fcgov.com with copies to the City’s Project
Manager, Mike Brunkhardt, mbrunkhardt@fcgov.com and the Downtown Crew Chief,
Brendan Reed, rbreed@fcgov.com.
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Holiday Lighting Tree Maps
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EXHIBIT B
COMPENSATION
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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.
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No new insurance required
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