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HomeMy WebLinkAboutC11-158 Daly Property Services Agreement, IncLANDSCAPE SERVICES AGREEMENT BETWEEN EAGLE COUNTY AND THIS AGREEMENT is made this )1 day of 14 2i i I., by and between Eagle County County "), and Daly Property Services, Inc. ("Co { ractor "), a company organized and existing by virtue of the laws of the State of Colorado and with a principal place of business at 35 Park Avenue, Basalt, CO 81621. WHEREAS, County desires to utilize Contractor for Landscape Maintenance Services for the County facility located at 0020 Eagle Co. Rd., El Jebel, Colorado, 81628; and WHEREAS, Contractor is authorized to do business in the State of Colorado, has experience and expertise necessary to provide said services to County; and WHEREAS, County and Contractor intend by this Agreement to set forth the scope of services for Contractor in connection with the services and related terms and conditions to govern the relationship between Contractor and County in connection with this Agreement. NOW, THEREFORE, in consideration of the foregoing premises and the following promises, County and Contractor agree as follows: ARTICLE 1— WORK 1.1 The Contractor shall provide all labor, materials and equipment necessary to perform and complete the services described below at the Eagle County Building in El Jebel, Colorado, as shown in site map attached hereto as Exhibit "A" and the Proposal Form attached hereto as Exhibit `B" and incorporated herein by this reference (the "Work "): Aeration Turf areas will be aerated by a core cultivation method at least once per season. Mowing 1. Turf areas shall be maintained to a blade height of at least 3" after mowing. Frequency of mowing will be determined by the growth rate of the turf according to blade height and appearance. Frequency will be weekly at a minimum. 2. Contractor will maintain properly adjusted and sharp, mowing blades for uniform cut in order to prevent fuzzing and scalping, 3. All areas shall be inspected for debris prior to and following mowing to be sure it is left in good clean condition. Grass clippings will be removed from walks, drive, turf areas and beds per each mowing by means of raking or mechanical blower operations. 4. Wet turf shall only be mowed when it is possible to do so without harm to the turf. 5. Mowing native grasses will be above and beyond the terms of the contract. Pricing is requested for a per service mow. 1 C /i -i50' Trimming Mechanical trimming of turf along fences, beds, walks, etc. shall be performed at each mowing to maintain turf blade height with mowed areas. Contractor will take precautions around trees and structures to prevent damage. Edging All turf areas along walks, paved areas, etc. will be edged at each mowing with a steel bladed edger to maintain a groomed appearance. Power Raking Power raking of all heavily thatched turf areas will be done in spring before turf begins to turn green to prevent turf damage. Turf Weed Control Liquid preemergents will be applied soon after the irrigation system is turned on and the turf becomes undormant. All turf will be inspected for broadleaf growth and controlled by means of spot spraying with broadleaf herbicide as required to maintain a weed free condition Turf Fertilization All turf areas will be fertilized. Selection of fertilizer will be based upon soil and turf conditions and time of year. Scheduled fertilization will consist of 1 lb. per 1000 sq.ft. of actual nitrogen per application and will be of a slow release granular nature. Applications should be applied twice — once at the beginning and once at the end of the season. The first application is to be a liquid application of a weed and feed product that will coincide with the Turf Weed Control above. Ornamental Bed Maintenance 1. Ornamental beds will be fertilized once per season with a slow release fertilizer. 2. All weeds shall be removed by manual means in all ornamental bed areas on a weekly basis to provide a weed free landscape. 3. Post treatments of broadleaf weeds with herbicides will be done as needed to maintain a week free condition. 4. Granular preemergents will be used as directed for weed seed control in all flower and shrub beds. Irrigation Maintenance 1. Includes charging, adjusting, checking system weekly. 2. Winterization of system with compressed air. System will be set to water during night time hours. 3. Damage to sprinkler heads due to mowing or other reasons by the contractor will be the responsibility of the contractor. 4. Any other repairs necessary must be authorized by Facilities Management Supervisor. 2 Commencement of Work The season is defined as April 15 — Nov 15. Irrigation service date start and winterization dates will be coordinated with Facilities Management Supervisor. Landscaping and irrigation maintenance services shall be performed during the hours of 7:00 a.m. - 5:30p.m., Monday through Friday. Contractor must arrange in advance for weekend and after -hours access to the site. Contractor must submit a list of holidays on which services will not be provided, if any, except for on -call emergencies. Equipment The successful proposer will be required to have modern, up -to -date equipment which will efficiently provide the landscaping and irrigation maintenance services requested. The successful proposer must submit an equipment list along with the proposal information below. The successful bidder's equipment will be subject to inspection and approval before final endorsement of a contract. ARTICLE 2 — COUNTY'S REPRESENTATIVE 2.1 The Contract is under the authority of the Eagle County Facilities Management Department, the Manager of which, or his designee, shall be Contractor's contact with respect to the performance of the Work. ARTICLE 3 — TERM OF AGREEMENT 3.1 This Agreement shall commence on the date first above written, and, subject to the provisions of this Article 3, shall continue in full force and effect for a period of 1 year, commencing with the effective date of this Agreement. This Agreement may be extended for up to three additional term years beyond the time referred to in this Section 3.1 on terms and conditions as may be mutually agreed between the parties in writing. 3.2 The performance of the Work may be terminated at any time in whole, or from time to time in part, by County for its convenience. Any such termination shall be effected by delivery to Contractor of a written notice ( "Notice of Termination ") specifying the extent to which performance of the Work is terminated and the date upon which termination becomes effective. After receipt of a Notice of Termination, and except as otherwise directed by County, Contractor shall, in good faith, and to the best of its ability, do all things necessary, in the light of such notice and of such requests in implementation thereof as County may make, to assure the efficient, proper closeout of the terminated Work (including the protection of County's property). Among other things, Contractor shall, except as otherwise directed or approved by County: A. stop the Work on the date and to the extent specified in the Notice of Termination; 3 B. place no further orders or subcontracts for services, equipment or materials except as may be necessary for completion of such portion of the Work as is not terminated; C. terminate all orders and subcontracts to the extent that they relate to the performance of Work terminated by the Notice of Termination; D. with the approval of County, settle all outstanding liabilities and all claims arising out of such termination or orders and subcontracts; and 3.3 In the event of such termination, Contractor shall be entitled to payment for the work satisfactorily performed prior to the termination date. ARTICLE 4 — RENUMERATION 4.1 For the Work provided hereunder, County shall pay to the Contractor monthly installments of $942.14 for Work satisfactorily performed during the months of April, 2011 through November 15, 2011, but in no event shall the total amount paid to Contractor exceed $7,16500 absent a written amendment to this Agreement. Contractor will be paid $285.00 per mowing of the native grasses as shown on Exhibit "A" and requested by the County. Fees for Services satisfactorily performed will be paid within thirty (30) days of receipt of a proper and accurate invoice from Contractor. The invoice shall include a description of and date for which the Work was performed. Upon request, Contractor shall provide County with such other supporting information as County may request. 4.2 County will not withhold any taxes from monies paid to the Contractor hereunder and Contractor agrees to be solely responsible for the accurate reporting and payment of any taxes related to payments made pursuant to the terms of this Agreement. 4.3 Notwithstanding anything to the contrary contained in this Agreement, County shall have no obligations under this Agreement after, nor shall any payments be made to Contractor in respect of any period after December 31 during any term of this Agreement without an appropriation therefore by County in accordance with a budget adopted by the Board of County Commissioners in compliance with Article 25, Title 30 of the Colorado Revised Statutes, the Local Government Budget Law (C.R.S. § 29 -1 -101 et seq.) and the TABOR Amendment (Colorado Constitution, Article X, Sec. 20). ARTICLE 5— CONTRACTOR'S REPRESENTATIONS In order to induce County to enter into this Agreement, Contractor makes the following representations: 5.1 Contractor has familiarized himself with the nature and extent of the Contract Documents, Work, locality, and with all local conditions, and federal, state, and local laws, ordinances, rules and regulations that in any manner affect cost, progress, or 4 performance of the work. 5.2 Contractor will make, or cause to be made, examinations, investigations, and tests as he deems necessary for the performance of the Work for the Snow Removal Services, in accordance with other terms and conditions of the Contract Documents. 5.4 To the extent possible, Contractor has correlated the results of all such observations, examinations, investigations, tests, reports, and data with the terms and conditions of the Contract Documents. 5.5 To the extent possible Contractor, has given Contract Manager written notice of all conflicts, errors, or discrepancies that he has discovered in the Contract Documents. ARTICLE 7 — CONTRACT DOCUMENTS The contract Documents which comprise the entire Agreement, made a part hereof, and consist of the following: 7.1 This Agreement 7.2 Exhibit "A" Site Map 7.3 Exhibit `B" Daly Property Services, Inc. Proposal Form 7.4 Certificates of Insurance 7.5 Any modification, including Change Orders, duly delivered after execution of Agreement. There are no Contract Documents other than those listed above in this Article 7. The Contract Documents may only be altered, amended, or repealed by a written agreement of the parties. To the extent the terms and conditions of both this Agreement conflict with any other Contract Document, the terms of this Agreement shall prevail. ARTICLE 8 — MISCELLANEOUS 8.1 No assignment by a party hereto of any rights under, or interests in the Contract Documents will be binding on another party hereto without the written consent of the party sought to be bound; and specifically, but without limitation, moneys that may become due and moneys that are due may not be assigned without such consent (except to the extent that the effect of this restriction may be limited by law), and unless specifically stated to the contrary in any written consent to an assignment, no assignment will release or discharge the assignor from any duty or responsibility under the Contract Documents. 8.2 County and Contractor each binds itself, its partners, successors, assigns and legal representatives to the other party hereto, in respect to all covenants, agreements, and 5 obligations contained in the Contract Documents. 8.3 Provision Mandated by C.R.S. § 8- 17.5 -101 et seq. PROHIBITIONS ON PUBLIC CONTRACT FOR SERVICES 8.3.1 If Contractor has any employees or subcontractors, Contractor shall comply with C.R.S. § 8- 17.5 -101, et seq., regarding Illegal Aliens — Public Contracts for Services, and this Contract. By execution of this Contract, Contractor certifies that it does not knowingly employ or contract with an illegal alien who will perform under this Contract and that Contractor will participate in the E- verify Program or other Department of Labor and Employment program ( "Department Program ") in order to confirm the eligibility of all employees who are newly hired for employment to perform work under this Contract. 8.3.2 Contractor shall not: i) Knowingly employ or contract with an illegal alien to perform work under this contract for services; or ii) Enter into a contract with a subcontractor that fails to certify to the Contractor that the subcontractor shall not knowingly employ or contract with an illegal alien to perform work under the public contract for services. 8.3.3. Contractor has confirmed the employment eligibility of all employees who are newly hired for employment to perform work under this Contract through participation in the E- verify Program or Department Program, as administered by the United States Department of Homeland Security. Information on applying for the E- verify program can be found at: http: / /www.dhs. gov /xprevprot/programs /gc_ 1185221678150. shtm 8.3.4 The Contractor shall not use either the E- verify program or other Department Program procedures to undertake pre - employment screening of job applicants while the public contract for services is being performed. 8.3.5 If the Contractor obtains actual knowledge that a subcontractor performing work under the public contract for services knowingly employs or contracts with an illegal alien, the•Contractor shall be required to: i) Notify the subcontractor and the County within three days that the Contractor has actual knowledge that the subcontractor is employing or contracting with an illegal alien; and ii) Terminate the subcontract with the subcontractor if within three days of receiving the notice required pursuant to subparagraph (i) of the paragraph (D) the subcontractor does not stop employing or 6 contracting with the illegal alien; except that the Contractor 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. 8.3.6 The Contractor shall comply with any reasonable request by the Department of Labor and Employment made in the course of an investigation that the department is undertaking pursuant to its authority established in C.R.S. § 8- 17.5- 102(5). 8.3.7 If a Contractor violates these prohibitions, the County may terminate the contract for a breach of the contract. If the contract is so terminated specifically for a breach of this provision of this Contract, the Contractor shall be liable for actual and consequential damages to the County as required by law. 8.3.8 The County will notify the office of the Colorado Secretary of State if Contractor violates this provision of this Contract and the County terminates the Contract for such breach. 8.4 ATTORNEY'S FEES: In the event of litigation between the parties hereto regarding the interpretation of this Agreement, or the obligations, duties or rights of the parties hereunder, or if suit otherwise is brought to recover damages for breach of this Agreement, or an action be brought for injunction or specific performance, then and in such events, the prevailing party shall recover all reasonable costs incurred with regard to such litigation, including reasonable attorney's fees. 8.5 INSURANCE REQUIREMENTS. At all times during the term of this Agreement, Contractor shall maintain insurance on its own behalf in the following minimum amounts: Workmen's Compensation, disability benefits, and other similar employee benefit acts, with coverage and in amounts as required by the laws of the State of Colorado; Comprehensive Automobile Insurance shall be carried in the amount of 1,000,000 for bodily injury and $1,000,000 for property damage, each occurrence. All liability and property damage insurance required hereunder shall be Comprehensive General and Automobile Bodily Injury and Property Damage form of policy. Comprehensive liability and property damage insurance issued to and covering Contractor and any subcontractor with respect to all Work performed under this Agreement and shall also name County as an additional insured, in the following minimum amounts: Bodily Injury Liability: 7 IN WITNESS WHEREOF, the parties hereto have executed this Agreement the day and year first above written. COUNTY OF EAGLE, STATE OF COLORADO, by and through its County Manager By: Keith Monta: CONTRACTOR By: 001°1 Title:STATE OF ss. COUNTY OF The tc[rF instru ent as acknowledged before me by t/J i 11 lcY V'1 YCCtivii tz, this 1 day of 4 2011. My commission expires: P Lt 1.t,t 11"rrrrr, ckO B YN 6 '' .,roo tary Pu.i c T . 1 0 44 , u' L 7 ' 8LIC O ' •.•.......• COLON- 0/1rlrnniiio ° 10 J j 1 If , , r fr 1 r tw i . Vii! . r f it. Y e ref PROPOSAL FORM: Provide a lump -sum dollar seasonal amount for each of the following services: Task Per Season Amount Aerations of turf area -1 x per season Z 70. Mowing 117-00 .04> Trimming 3 (K 4 Edging X(^- GivtO4t Power Raking Turf Weed Control Turf Fertilization 1 3Zo.0 Ornamental Bed Maintenance Tic (Rd e...0( Irrigation Maintenance TOTAL 1 bs oa Hourly rate for services outside scope of contract: 14r. op Per time rate for mowing of native grasses: Are any lawsuits; federal, state or local tax liens; or any potential claims or liabilities pending against you, your firm, or the officers of the firm at this time?Yes x No. If yes, please explain. Has your firm ever filed for bankruptcy or corporate protection under applicable federal or state laws in the last seven years?Yes ) No. If yes, please explain. Number of years in business under current business name? Z Z Location and address of main business office: 3r Pack Ave 13'ot I+ Co fr! dL / List any subcontractors here: Alif "..c UMW t'16 Client list of current similar sites under maintenance attached? V Insurance certificate attached? 1 / Equipment list attached? Proposal Submitted By: Company Name: Dar 1 Pa—apex-4 Address: B. O Z 41/ Y?iu 4- 6o, 4/-1 at 3,1"`potric,4 a-c. Phone: 70 - q Z 7- 1-4 3e. Fax:R 7 0 - 2- 7- Contact Person:Vet H %, C Em ai l : : V , ! ( Q a(a !y Ey re a w) Signature: END OF DOCUMENT