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Home My WebLink About121309 FOOTHILLS TREE EXPERTS INC - CONTRACT - BID - 6042 BLOCK PRUNINGSERVICES 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 Foothills Tree Experts, 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 six (6) pages and incorporated herein by this reference. 2. Contract Period. This Agreement shall commence within five (5) days of signing, and shall continue in full force and effect until December 31, 2007, unless sooner terminated as herein provided. In addition, at the option of the City, the Agreement may be extended for additional one year periods not to exceed four (4) additional one year periods. Renewals and pricing changes shall be negotiated by and agreed to by both parties. The Denver Boulder Greeley CPIU published by the Colorado State Planning and Budget Office will be used as a guide. Written notice of renewal shall be provided to the Service Provider and mailed no later than ninety (90) days prior to contract end. 3. Delay. If either party is prevented in whole or in part from performing its obligations by unforeseeable causes beyond its reasonable control and without its fault or negligence, then the party so prevented shall be excused from whatever performance is prevented by such cause. To the extent that the performance is actually prevented, the Service Provider must provide written notice to the City of such condition within fifteen (15) days from the onset of such condition. SA 09/01 /06 shall be considered proper only when the natural bark protection zone is not breached, nor a stub left. d) Crown topping, heading, tipping or rounding -over shall be considered improper pruning methods and shall not be employed to any degree unless specifically required by City Forestry staff. The exception is that one year old shoots may be headed back to a bud where appropriate. e) All final tree trimming cuts shall be made in such a manner as to favor the earliest possible closing of the wound by natural callus growth. Flush cuts shall not be made. Flush cuts are defined as pruning cuts made to the inside of the branch collar. All final cuts should be made just outside the natural branch collar. f) Tree limbs shall be removed and controlled in such a manner as to cause no damage to other parts of the tree or to human life and limb or to other plants or property. g) All cutting tools and saws used in making tree trimming cuts shall be kept adequately sharpened to result in final cuts with a smooth wood surface and secure bark remaining around the perimeter of the cut. h) Whenever trimming cuts are to be made while removing limbs too large to hold securely in one hand during the cutting operation, the limb shall be cut off first one to two feet beyond the intended final cut. Then the final cut shall be made in a manner to prevent unnecessary tearing back of the bark and wood. i) Contractor should minimize the number of cuts made that are over four (4) inches in diameter. 5) Pruning a) Complete Prune: This operation of tree trimming shall consist of the general removal of dead, dying, diseased, damaged, conflicting, broken, and structurally unsound limbs in order to improve the overall health, safety, structure and aesthetics of each tree. i) Specifications: (1) Properly remove all dead, dying or weakened branches of/2 inch or greater diameter. (2) Thinning is a component of a complete prune and shall consist of selective pruning to reduce density of live branches. The result should be an even distribution of branches on individual limbs extending to each branch tip, and throughout the crown. Branch tips, down to approximately'/2 inch in diameter, should be included in the thinning process to reduce the chance of excess loading. (3) Remove all broken or cracked branches, or any loose branches lodged in the tree. (4) Remove any live branches which interfere with the tree's structural strength and healthful development which will include, but is not limited to, the following: (a) Limbs which rub and abrade a more important branch. (b) Limbs of weak structure which are not important to the framework of the tree. 10 (c) Limbs forming multiple or co -dominant leaders, particularly those that are five (5) inches or less in diameter, and have junctures with included bark. Select the best leader and subordinate or remove those limbs that compete with that leader. (d) Limbs which, if allowed to grow, would wedge in the junction of more important branches where more than one scaffold branch arise from the same area of the trunk. An example would be where three scaffold branches arise from the same point on the trunk so that there is very little room for proper branch collar development as each branch grows in diameter. (e) Limbs with twigs and foliage that obstruct the development of a more desirable branch. (f) Smaller limbs and twigs near the end of supporting branches which contribute to too much weight or wind resistance at the branch end, or prevent adequate light penetration to the interior of the canopy. (g) Undesirable suckers and water sprouts in the bottom 1/3 of the crown. (5) Remove stubs or broken limbs back to developing branches or leaders. (6) Subordinate or remove limbs that compete with the developing leader or a more desirable branch. (7) Selectively prune branches which project significantly beyond the symmetrical form of the canopy. b) Safety Prune: Defined as selective pruning to remove or reduce those portions of a tree that pose a threat to public safety. This may include, but is not limited to, any combination of the following: i) Deadwood down to'/Z inch in diameter ii) Cracked or broken branches or leaders iii) Branches or leaders with significant cavities or decay present iv) Branches that are broken and hanging in a tree v) Limbs that obstruct clear use of a public right-of-way or a clear view of traffic or a traffic control device 6) Standards for Workmanship a) General Standards for Workmanship: i) Authorized work in this job neither expresses nor implies a right to violate any law of the land while in process of performing such work. ii) All such work shall be conducted in a manner as to cause the least possible interference with or annoyance to others. iii) Inadequately or improperly trained personnel shall not be utilized for work on or with trees or shrubs beyond their known capacity or ability to perform properly or safely. iv) Any injury to persons or damages to any improvement, tree, shrub or structure while working on this job shall be promptly reported to the Assistant City Forester. 11 v) Any use of tools or equipment in unsafe conditions or any application of techniques or methods deemed unsafe to life, limb or property is forbidden. vi) Pedestrian and vehicular traffic shall be allowed to pass through the work areas only under conditions of safety and with as little inconvenience and delay as possible. vii) Adequate barricades and warning devices shall be placed and flag persons shall be stationed as necessary for the safety of persons and vehicles. viii) Qualified street and sidewalk warning devices shall be in position as required at all times while work on this job is being performed. ix) Sidewalk and pedestrian access ways must be properly barricaded to protect pedestrians during pruning, removal and cleanup operations. x) The contractor will be required to provide traffic control when needed. However, the cost of such traffic control will not be reflected in the prices provided in this bid. A) Whenever electric or telephone lines, gas lines, water lines, or other improvements, public or private, will be implicated or jeopardized by any authorized tree or shrub work activity, the proper authorities of the utilities involved or property owner involved shall be consulted prior to performing any work activity and all requested precautions by any such authority shall be complied with. xii) It shall be unlawful for any business to engage in the following activities within the City for commercial gain or profit without first procuring an arborist license from the City Forester in accordance with the provisions of this Division: (1) Cutting, trimming, pruning or removing of trees when the cuts for such cutting, trimming, pruning or removal are made at a height of ten (10) feet or greater above the ground; (2) The application of pesticides to trees of any size. xiii) Each bidder must have the tree pruning & removal and tree climber endorsements on their license. xiv) Contractor must have an International Society of Arboriculture Certified Arborist on site at all times work is being conducted. xv) All motor vehicles and other major equipment of any licensed person used in conducting the licensed business shall be clearly identified with the name and telephone number of the licensee. 7) Pre -Qualifying and Othe_r_Reauirements: a) Contractors must have at least three (3) years experience of pruning and removing trees larger than 30 inches in diameter. Ideally contractors would have successfully completed jobs similar to this bid, in terms of specifications, in the past three (3) years. If there is any doubt as to the qualification of a successful bidder, testing may be required before any portion of the contract is awarded to that company. Testing may include a written examination, and/or field testing. b) All contractors must hold a current City of Fort Collins Arborist License with the tree pruning & removal and tree climbing endorsements, in order to submit a valid bid. c) Owners, or Operations Managers, and Field Crew Supervisors of each contracting company must hold current Arborist Certification with the 12 international Society of Arboriculture (ISA) and provide their certification numbers with this bid. i) At least one person with the ISA Arborist Certification will need to be on -site at all times while work is occurring. Prior to being awarded work from this bid, bidders will need to provide ISA Certification numbers for the person(s) that will be on site. ii) It is preferable that each person performing pruning or removal work on trees have the ISA Arborist or the ISA Tree Worker certification. d) The contractor can dispose of, or use, brush and logs in any acceptable manner except brush or logs of the Ulmus genus (elm) or of the Picea genus (spruce) which must be either chipped on site or hauled to the Larimer County Landfill. If, in the duration of this contract, a pest or another genus or species of tree represents a threat to community forest health, such wood will be disposed of in the recommended fashion. An example would be if Emerald Ash Borer was found in Fort Collins. e) Successful contractors are expected to fully cooperate and coordinate all work activities with the Assistant City Forester or appropriate City representative. f) Failure to comply with any portion of this document may be grounds for termination on a job and disqualification for consideration on future jobs awarded from this bid. 8) Definitions and Clarifications: i) Contractor — Any company awarded work based on this bid. ii) Intent of Bid - The intent of this bid is to provide prices to conduct tree work to Forestry specifications on a complete block basis. iii) Pre -Qualifying Requirements — The intent for the pre -qualifying statement is to ensure quality work on this project. The terms of the requirements can apply to a company or to an individual based upon the discretion of the City Forester. iv) Awarding of Work — Work will be awarded by the City based primarily upon the prices provided. Qualified companies that submit the lowest bids may be awarded work based on specific job requirements, even if they are not the overall lowest priced contractor. For example, work may be awarded based on the lowest price per block or as the lowest price for all three blocks combined. 13 EXHIBIT B CITY OF FORT COLLINS BID PROPOSAL j iD OPENING March 28, 2007 100 M tour clock) WE HEREBY ENTER OUR BID FOR THE CiTY OF FORT COLLINS! REQUIREMENTS FOR Block Pruning PER THE BID INVITATION AND ANY REFERENCED SPECIFICATIONS: The City of Fort Collins is requesting bids far to perform community forestry maintenance work which includes, but is not limited to, tree pruning and removal operations of City -owned trees In three (3) City Blocks. The blocks are identified as Block 1-07, Block 2-07, and Block 3-07. Block 1-07 is bounded by Oak Street, Loomis Avenue, Mountain Avenue and Grant Avenue. Block 2-07 is bounded by Laurel Street, Grant Avenue, Myrtle Street and Loomis Avenue. Block 3-07 Is bounded by Mathews Street, Locust Street, Peterson Street and Elizabeth Street The specifications in this bid document are representative of much of the pruning and removal work required. However, some work may be assigned that will not be covered by these specifications. This bid will be used to award work on a Job by job basis. Contractors must have the ability to complete the project per standards and specifications in a timely manner. Traffic control will be through Traffic Masters, Inc. and the City will pay for this service separately, however, the successful contractor will be responsible for making arrangements directly with Traffic Masters, inc. The successful contractor will have from an agreed upon start date until December 31, 2007 to complete the work. City Forestry has the right to specify work priorities to the contractor. Owners, or Operations Managers, and Field Crew Supervisors of each contracting company must hold current Arborist Certification with the International Society of Arboriculture (ISA) and provide their certification numbers with this bid. This is a one year agreement but, at the option of the City, the Agreement may be extended for additional one year periods not to exceed four (4) additional one year periods. Pricing changes shall be negotiated by and agreed to by both parties and may use the Denver — Boulder CPI-U as published by the Colorado State Planning and Budget Office as a guide. Written notice of renewal shall be provided to the Service Provider and mailed no later than 90 days prior to contract end. Awarded contractor must sign the attached (Sample) Service Agreement and provide insurance per Exhibit "B". BID SCHEDULE: Please add pruning costs only from the following schedules for total per block. Block 1-07 = $—moo6 Block 2-07 = $ ' sv Block 3-07 = $ +10," Grand Total = �/� _4' •o %�jj� d yvLy FIRM NAME yo a Corporation, Partnership, DBA, LLC, or PC gnature Printed ADDR SS Tt i/, P"669�� "� rr-c04 5 m, 8775 PHONE/FAX # y 9 ` `?�/ EMAIL: 11 14 Oak/Loomis/Mountain/Grant FIN in Pruning and/or Removal Price In aH Empty Boxes MA —.IL, -t W7 mom _A4913110 21 Oak W 730 Oak AffWx= E3m 2 i 30 1st w" E of On& on Oak on Oak 0", 2nd tree E at GM%t an Olk 'l,n Oak W 730 Oak W F30 SRwian Elm 37 c 1st bveS of Oak on Gram Oak W 730 �Mmiow �Ebn 34 2nd V" S of Oak on Grant 00 G"" Oak W 730 Amarkmn Elm 35 on: —3fd V" S of Oak an Gmit Oak W 730 32 on OmW4 MIN vw S Of Oak On GFRM oak W 726 Caddo MWD 2.6 west tree oak W 726 Grow Ash Ead vft,_ - — -------------- Oak W 720 Grow Ash 19 Wad 19 East WOO 0& W 720 I Green Ash Oak W 716 Ameriow Elm - Oak W 712 Oak W 708 But Oak WeAi Oak W 708 Green Ash 9 East bw �_— oak W 706 BWO* 9 wedbao oak w ?06 Amami tam 26 cost U" oak W 700 our Oak woo tree 8 East true Oak W 700 Bur Oak Oak W 700 1st tree N of Oak an Low& Oak W 700 HonmAocust 24 2nd Use N C4 Oak on Loofflis Oak W 700 DllackWallnvt �W 7 3rd tree N of Oak on Loomis S 4th tree N of Oak on Lwoowfnis Oak W 700 Mack Oak W 707 oreen Ash 7 bw N of Oak on laaaie 30 —Sth (Ith %w N of Oak on Loomis Oak W 700 Honeylocust Oak VV 700 Mx Oak 10 71h treeN of Oak on LoansLoomis S 119 SouthV" 4 NOrlh ilea Loom s S 119 fit Loomis S 115 T&xw Pad Oak 14 'Loomis S 115 Carom Ash 31 NoM tree Mountain W 703 Green Ash 6 1st mw S of MWIlain an Locaft Mountain W Ma* is 1 at tree W of Loomis on Mountain Mountain W 703 Noway ma* 15 2nd tree W of Loomis an Mmuftin Mountain W 703 Arnaftan FIM 30 3rd vft W of Loomis on Mountain 20 past VbeeP'D MMmtaln W 707 " Mountain W 707 22 I Mountain W 711 Ash 17 Ead Ow cD Oak/Loomis/Moun#ain/Grant FBI in Pruning and/or Rernolrat Price in a# Empty Boxes Rleck 1.07 Maintain W 711�. Mountain W 715 Mountain W 715 Maintain W 719 Green Ash Green Ash _ — Gte� Ash Green Ash 12 .._ 9 11 14 _....�. Wedtree East tree Wsdtree EW tree ,.. _ Mountain W 723 Mountain W 723 Mountain W 727 17 Norway Maple Our Oak 2 I a _ Weettree End tree 1 West tree Mountain W 727 Wt1e Leer Linden 4 Mountain W 731 Sur Oak 12 3rd tree E of Shard on Movrgrtr ^. Maintain W 731 Gram Ash 12 2nd tree E of Grant an Mountain Mountain W 731 Mountain W 731 _ I American Sin Sber 49 31 on caner 2nd tree S of Moutaln on Grant Mountain W 731 Anrerkan Elm 52. 3rd tree S at Ma raisin on GaK Mountain W 731 Grant S 112 American Bin Sit w Maple 1 44 i 16 4th use S or Mountain on Gran Nor1h tree —.. _._ Gram S 112..—..... Amerim Elm : 2D 47 1 South Was Grant S 116 Grant S 116 swer M1ppta Caddo Maple . North tree South trw Grantn S 120 Green Ash 31 Laaurei/GrantMyrtWLoomis FJN in P,unmg arKYOr Removed Pdoe in al Empty Boxes Block 2 07 _...__.� VA 721 Myr9e W 717 ` W 717 Loomis s a07 Loomis S 607 --- 1 slue SprtrGs MOneyfpCtrSt Oak j Oak Liltls f eai Linden Ut%Lest L.utden ARM sm" asishy our sbimt 277 8 W Tr" 9 3 ,- E Ton to . � is � Nh O�ae W a taank on towde aro Vat W of Loomis on r . Loomis S 607 Greem Ash 18 Znd if6a W of Loomis an Loomis S W7 — ! 13 I ist "m W of Loank on dew wwAk 3 aMt Loomis S 607 -_ ( Oelr _ _ 2 on Loomis Loomis S 611 _ r I#a�p1a 29 _ N Tree mgir meat Loomis S 611 Loomis S 613 Loomis S 61S Loomis S 61S 8 619 �..—..-Orer Loomis S619 `._ .� N _ Gmen Ash Noneyioolrst ionvyloow`- �SLoomis Maple r._.-$Iw►MspU 17 i 13 S Time 2a 37 t7 � N TOW S Trim . N Tra STo" No Loomis S 623 Loans S 627 � ._.�.,._.- Loomis S 631 Loomts S 631 I Plum . Green Aeh� Awaviocust Narwybput 40 S Trot — N Tree- _ - 7 26 24 toolrds S 63a _i_ Loorbs S 05 —^ - Wails S 639 _ —Hwwfi=m---� iiorrybwsi 27 29 23 29 8 TNe NTm S TNe �.� Loomis, S 639 Loomis S 641 - — Fbnsyboust Ste Oak 7 �— me retie 8 abuCian _ Loomis S 646 — - Sbwbn fim 47 ist u" not thud on Loomis Loomis S 645 _ NaekbenY 23 1st tree W d Loom4 on L.euret - Lamb S m —� _ Loomis S 646 _$Umrbn Ebn lierldoerry 36 2ad Im W of Loads 00 LOW 19 29 3rd tree W of Loomis on L*wW 4th trim W of Loomis on L WId Loomis S "S Sbwim r Elm Loomis S 645 Siberian t9lm tb 5dr Uim W of Loans on Laurol _ - L.aixet W 712 — - Cysen Ash t t E Tree Laurel W 712 CImen Ash 12 W Trim L.etwet W 712 Laurel W 716 Caddo LJttle Leaf Lk+den 3 11 INe strocba4 - Laurel W 720 Hwwfiomw 13 ti Laurel/GrantlMyrMLoomis PO in Pruning andtor RentovW Price in A Empty Boxes Block 2-07 Laurel W 724 Green Ash let tree E of Grant on Laurel _.�. 11M Laurel W 728 _ -- Laurel W 728 �— Laurel W 728 Green Ash 1 i Sitnuian Elm Sbarian Ern 41 33 1st tree N of Losal on Grant 2nd ON N of laurel on Grant 3rd Leta N of Latraef on Grant Laurel W 728 Oak 2 La ttel W 728 Mlwlan Ekn 37 4th tree N of Laurel an Grant lw — Grant S 698 Siberd. tea 33 S TM _ --- — Grud S 63s Grant S ! — Grant S 830 —. smertan am 33 N TONS Amami Elm 21 8 S Tree Grant S 626 -- Marian tan 48 Grunt S s22 Bur Oak 6 — antrbr ._. _. r _.. Grant S 618 Grant S 614 Grant S 614 HaddAny 6 NatwaY Maple Norway Maple 18 20 NM Prints, — IN pnnw --. INAM na Groh S 6t0 —_-- Crabapple Crab 20 Grant S 608 ..—.. Oak 2 4th tree S of on Grant Grant S 604 Black Walnut 21 Grunt S 604 —' — Gram S 604 .� ... Bladr Walnut Blwk Walut 28 23 3rd tree S of MYeft on Grant 2nd tree s. a Myttle on Grant _.. dr ucatral Grant S 604 Grant S 604 _ _ _ Grant S 604 Black Walnut _ Modade Ear+ Accolade Elm 25 lot tree S of Myrde on Grant 4 4 tat two E d Grant on 2nd lee E of Grant on Myrtle MgftWWSILoCU3VPeterSorktEliZabftr Pruning and/or Removal Pd a in aN Empty Bases Block 3-07 Mathawi "0 aY7ser 30 Mathews 9% _ sorer maps 9M 1 Steer Mathews 9M — sliver. Midwws 902 35 stlrmt vac Nodhtrea T _ T 39 25 South tree Nodh bft 38 mews 902 out Spruce Locu�tE3119 �� Hacid3arrlr 17 14 1st tray E of Whom an Last VVeattree IHt hx walk i *We* vlaatwwo Locust E 3t>3 Norway 15 Eaal bee Locust E 313 SBver 27 2.5 Wee hoe _ Esau" Locust E 313 Caddo Locust E 321 POPW Hybrid _—_ _ west ttae— Locust E 321 Ash 3 East"S Loma E 325 _ y P°pla<Hybrid 18 22 _ Waattree East bw Locust E 325_.._.._ � HMWAOctwt .. .._....� _ Locust E 329._...._ - 1 Silver Maple 1. 20 w. _As _. Locust E 331 _ Ash j 27 Locust £ 335 13oxekier 22 Wad b" Locust E 3i_eo5oe�er Locust E 335 Ldtle Leaf Linden Locust E 335 Lift Lest LkWsn 18 � ftae 7 a _. 1 st tree S at Locust on Polowsw 2ttd tree S al locust on Psumn Locust E 335 Green �Ash ^Groen� �. 11 W tree S of Locust an Peftraw Locust E 335 Locust E 335 �.._ Black Ash j Peterson 936 Oak Peterson 936 Honsytocust 10 7 4th tree 8 of Locust en Paterson _Sth tree S of Locust on Peterson North tree SOM treR ¢� _ r 4 11 EttzWwM E 338 i Ook Elizabvar E 334 J J Sif W MWO� — 4 28 Eest 4w Etiabsth E 334 — { Amaiaart OM 48 West rrw Efzabdh E 330 Assn Ash 8 Emu VW Swabalh E 33o Green Asti Elizabeth E 326 _ -T— Whte Ash i to 10 w4Rt lree AV _ EOzabstft E 320 .. �_�. Ame Imi Elm 47 _ ENtaboth E 316 _ Normw MWIe Elzabeth E 316 A — _ Nor+vay M" EGzabedt E 312 AtnWkW EIM Elizabeth E 312 _ Atnwkso 13M 1 21 20 East it" oat 1tw j 39 31 1 East tore Weal tree 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: City: City of Fort Collins Attn: Purchasing PO Box 580 Fort Collins, CO 80522 Service Provider: Foothills Tree Experts, Inc. Attn: Kevin Walker 301 B N. Timberline Rd Fort Collins, CO 80524 In the event of early termination by the City, the Service Provider shall be paid for services rendered to the date of termination, subject only to the satisfactory performance of the Service Provider's obligations under this Agreement. Such payment shall be the Service Provider's sole right and remedy for such termination. 5. Contract Sum. The City shall pay the Service provider for the performance of this Contract, subject to additions and deletions provided herein, including correction to addition errors, the sum of Thirty Two Thousand Nine Hundred Thirty Dollars ($32,930) according to calculation and correction of the attached Exhibit "B", Cost Break Down, consisting of seven (7) pages, and incorporated herein by this reference. Payment will be made by unit cost. 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 SA 09/01 /06 Mathews/Locust/PetersaNElizabMWmining andAor Remoyal Pdce i, al Empty Boxes Block 3-07 Eizaboth E 310 Hadcbeny 19 Eat 11" eizabeth E 310 neh 10 10 _ won tna — Eau 11" Elizabeth E 306 Green - Esmbeth E 306 Spar Nape 10 westuft Eizabeth E 300 Norway Maple 13 tst Vee E of M dton on teeth Ekzabeth E 300 9aek Ash 6 on CMIM — Elizabeth E 300 Siberian Epn 40 30 1 st tree N of E&abWh on MtWtews 2nd Vee N of Elzabolh on Malwm _� _ Elizabeth E 300 SWeran E6n Elizabeth E 300 Siberian Elm 3rd tree N of Umbeth on Mfadwm Ettsabeth E 300 ' Srwan Ekn 1SA3 MIN kee N of Mbwbe* an Mhfhewa A� o ;]lie] 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 be cancelled or materially altered, except after ten (10) 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: 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 $500,000 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. 21 `APR. 13.2007- 3:46PM H(COLORADO-BW INSURANCE 9702672231� N0.414--P, i/2�_ PRODI .--- - .. 041%) RANCE UAM11iO OVIr "�I ��lt[3-U824 FAX (970 267-2231 04 13 007 Colorado SW Insurance Agency, Inc, THIS CERTIFICATE Is ISSUED AS AMA INFO �075 W Harsetooth Rd, Ste 106 OHI-YAHd CONFERS HO RIGHTS UPON THECERT►FICgTE�N Fort Collins, CO 80526 ALTER THE CI,gOVIi�elieCeerErDO NOTAIIIEND, EXTEND OR aot 1 S Fee Experts, Inc. 41_RS AFFORDING COVERAGE 3600 Canadian parkway Hartford NAlC# Fort Collins, CO 80524 D! the Named insured. City of Fort Collins Purchasing Department Attn: ]ohn Stevens Zi5 N. Mason St.-2nd Floor PO BOX So Fort Collins, CO 80522 CORD 26 (2001/Qs) CORPORATION i8a8 APR,13,2007 3:47PM COLORADO-BW INSURANCE 9702672231 --` -NO.014-P, IMPORTANT If the certificate holder is an ADDITIONAL. INSURED, the polioyVes) must be endorsed. A statement on this certificate does not oonfer rights to the certifiCate holder in lieu Of such endorsement(a). 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). DISCLAIMER The Certificate of Insurance on the reverse side of this form does not constitute a contrabetween ct the Issuing insurer(s), authorized representative or producer, and the certificate holder, nor does it afiirmatIvely or negatively amend, extend or alter the coverage afforded by the policies listed thereon. ACORD 25 (2001161) hereunder for the payment of FICA, Workmen's Compensation or other taxes or benefits or for any other purpose. 8. 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. 9. 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. 10. 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. 11. 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. SA 09/01 /06 12. 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. 13. 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. 14. 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 Director of Purchasing and Risk Management, P. O. Box 580 Fort Collins, Colorado 80522 one copy of a certificate evidencing the insurance coverage required from an insurance company acceptable SA 09/01 /06 to the City. 15. 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. 16. 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. 17. Prohibition Against Employing Illegal Aliens. This paragraph shall apply to all Contractors whose performance of work under this Agreement does not involve the delivery of a specific end product other than reports that are merely incidental to the performance of said work. Pursuant to Section 8-17.5-101, C.R.S., et. seq., Contractor represents and agrees that: A. As of the date of this Agreement: 1. Contractor does not knowingly employ or contract with an illegal alien; and 2. Contractor has participated or attempted to participate in the basic pilot employment verification 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 "Basic Pilot Program") in order to verify that Contractor does not employ any illegal aliens. B. Contractor shall not knowingly employ or contract with an illegal alien to perform works under this Agreement or enter into a contract with a subcontractor that fails to certify to Contractor that the subcontractor shall not knowingly employ or contract with an illegal alien to perform work under this Agreement. C. Contractor shall continue to apply to participate in the Basic Pilot Program and shall in writing verify same every three (3) calendar months thereafter, until Contractor is accepted or the public contract for services has been completed, whichever is earlier. The requirements of this section shall not be required or effective if the Basic Pilot Program is discontinued. D. Contractor is prohibited from using Basic Pilot Program procedures to undertake pre -employment screening of job applicants while this Agreement is being performed. SA 09/01/06 E. If Contractor obtains actual knowledge that a subcontractor performing work under this Agreement knowingly employs or contracts with an illegal alien, Contractor shall: 1. Notify such subcontractor and the City within three days that Contractor 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 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. F. Contractor 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. G. If Contractor 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, Contractor shall be liable for actual and consequential damages to the City arising out of Contractor's violation of Subsection 8-17.5-102, C.R.S. H. The City will notify the Office of the Secretary of State if Contractor violates this provision of this Agreement and the City terminates the Agreement for such breach. SA 09/01/06 CITY OF FORT COLLINS, COLORADO a municipal corporation By: Jame B. O'Neill II, CPPO, FNIGP Direct f Purchasing and Risk Management Date: L41 1(0I01 Foothills Tred)Expefts, Inc. PRINT CORPORATE PRESIDENT OR VICE PRESIDENT Date: L ATTEST: (Corpor6t6 Seal CORPORATE SECRETARY SA 09/01 /06 EXHIBIT A SCOPE OF WORK 1) Job Description Perform community forestry maintenance work which includes, but is not limited to, tree pruning and removal operations of City -owned trees in three (3) City Blocks. The blocks are identified as Block 1-07, Block 2-07, and Block 3-07. Block 1-07 is bounded by Oak Street, Loomis Avenue, Mountain Avenue and Grant Avenue. Block 2-07 is bounded by Laurel Street, Grant Avenue, Myrtle Street and Loomis Avenue. Block 3-07 is bounded by Mathews Street, Locust Street, Peterson Street and Elizabeth Street. The specifications in this bid document are representative of much of the pruning and removal work required. However, some work may be assigned that will not be covered by these specifications. This bid will be used to award work on a job by job basis. Contractors must have the ability to complete the project per standards and specifications in a timely manner. Traffic control will be through Traffic Masters, Inc. and the City will pay for this service separately; however, the successful contractor will be responsible for making arrangements directly with Traffic Masters, Inc. The successful contractor will have from an agreed upon start date until December 31, 2007 to complete the work. City Forestry has the right to specify work priorities to the contractor. 2) General Information a) City Forestry staff will be available to assist all bidders in locating trees on job sites if needed. b) These bid prices will become effective as work is awarded in 2007. The City of Fort Collins will use the contractor with the rates based on the pruning and removal work as described in this document. However, the City reserves the right to award the work as a whole or on a block by block basis. If agreeable to the City and contractor, prices quoted for these blocks may be used on other blocks in the future on a price per inch per species basis. c) A good working relationship between the successful contractor and the City is essential in making this contract work well. The City of Fort Collins has the directive to maximize the amount of work for the lowest cost without sacrificing quality. If problems or conflicts arise, we ask that you air your concerns in a professional way through the Assistant City Forester or the Senior City Buyer. d) It is strongly suggested that you walk each block and inspect each tree listed prior to submitting your bid. e) Traffic control will be used by the successful contractor as necessary. All traffic control plans must be approved by Syl Mireles, or his designee, at the City of Fort Collins Traffic Division, (970) 221-6815. The successful contractor can supply its own traffic control as long as all appropriate rules and regulations are followed, however, when traffic control is contracted out, Traffic Masters, Inc. must be used. Contact Amy at Traffic Masters (970) 217-3272 to make arrangements. The City will pay for the traffic control. Do not include traffic control costs in this bid. 3) Specifications Pertaining to Tree Removals: a) In the event a tree is determined to be in need of removal these specifications will be adhered to: i) Completely remove trees and debris, leaving the stump as low to the ground as possible. ii) Properly dispose of all logs, limbs, and brush from each removal. iii) Contact Assistant City Forester to arrange starting time. b) Standards of Workmanship for Tree Removal: i) Cleanup of branches, logs and other debris resulting from tree removals shall be promptly accomplished. The work area shall be kept safe at all times until the cleanup operation is completed. Under no condition shall the accumulation of brush, limbs, logs or other debris be allowed to result in a hazardous condition. ii) Under no condition shall it be considered proper to leave any severed or partially cut limbs in the upper portion of any tree being removed after the tree workers leave the scene of the operation. iii) Whenever large tree sections are being cut, said materials shall be secured by ropes, or by other acceptable means, and lowered in a controlled, safe manner. iv) At least one responsible tree worker shall serve to coordinate safe operations on the ground at all times when work operations are in progress. v) Vehicles that have a winch, or other leveraging device, must not be secured or anchored to utility poles, fence posts, trees or other easily damaged objects during tree pruning or removal operations. vi) All elm wood (of the Ulmus genus) and all spruce wood (of the Picea genus) shall be chipped or hauled immediately to the Larimer County Landfill for proper disposal. 4) Specific Requirements Pertaining to the Pruning of Trees a) No tree shall be cut in such a manner that its health or eventual safety will be impaired. Exceptions will be made only in cases of tree pruning or removal for emergency relief of immediate danger to persons or property. Any such emergency procedures must be reported promptly to the Assistant City Forester with plans for completion or follow-up work submitted for approval. b) A reduction cut removes the terminal portion of a stem or branch. This type of cut is used to maintain height, correct storm damage, subordinate competing limbs and to reduce the perimeter of a crown. The cut is made back to a living side branch that is at least'/3 (minimum) to (optimal) the diameter of the cut branch. Such cuts shall be considered proper only when such remaining limb is vigorous enough to maintain adequate foliage to produce woody growth capable of closing the trimming cut within a reasonable period of time. c) A thinning cut removes a branch back to its parent stem or the trunk. The purpose is to reduce canopy density and eliminate conflicts or competition between limbs. Such cuts 9