HomeMy WebLinkAbout276712 FINE TREE SERVICE - CONTRACT - BID - 6025 TREE PRUNING AND REMOVALSERVICES AGREEMENT
WORK ORDER TYPE
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 Fine Tree Service, 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. Services to be Performed.
a. This Agreement shall constitute the basic agreement between the parties for
services for Bid 6025 Tree Pruning and Removal Annual. The conditions set forth herein shall
apply to all services performed by the Service Provider on behalf of the City and particularly
described in Work Orders agreed upon in writing by the parties from time to time. Such Work
Orders, a sample of which is attached hereto as Exhibit "A", consisting of one (1) page and
incorporated herein by this reference, shall include a description of the services to be
performed, the location and time for performance, the amount of payment, any materials to be
supplied by the City and any other special circumstances relating to the performance of
services. No work order shall exceed $50,000. The only services authorized under this
agreement are those which are performed after receipt of such Work Order, except in
emergency circumstances where oral work requests may be issued. Oral requests for
emergency actions will be confirmed by issuance of a written Work Order within two (2) working
days.
b. The City may, at any time during the term of a particular Work Order and
without invalidating the Agreement, make changes within the general scope of the particular
services assigned and the Service Provider agrees to perform such changed services.
SA WO revOg(01106 1
EXHIBIT B
Hourly Rails for a flow (4) permon creW vAM equlpam' ep
(3) climbers ands (1) ground parson
(1) buolast truck Irminirvaort 65 R. wcri fag hefgM)
(1) d ryper wW 11ruck (mart trerKill at iced a it diameter log)
Hourly liab for a Man (a) person crew +wan equrpmm
(2) dintbrs and (1) ground pallor+ tt a'
(1) bUdWt truce @(nNr*m n 551L w�orkkV hOVd) = d �.
(1) d*W aid *uck (must handle at!meat a IV clfarneter log)
Extra plan per homer :
Tram Climber d • ____
Grotrrtd Warkar = ; �-
p
Chipper & Tfu* Operator
Lift Truck & C,Ip walor /�%n'fi ®�•� _ i� �Qr
-err-- —
Log Loader Tsudk & Opera%O TYpm: �► a :� .Qm6ev
Stump GftW i Operator (stump gtirxier > Sp W i 10D ,
Stump Gdrder & Operator i _
A►DDITININ4ALLY: Provide an pquipmert Rd v t hourly prices kteleldirtg an operator.
*Describe tl» M m of kg4oak r buck', ell, th fn your bid
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1 f ; ■
FIRM NAME V`iAl
AryTO
SIGNATURE::
ADDRESS:
R-1OW/FA?f#IR d
EMAIL:
or
I A four (4) heron praaing crew would include 2 b 3 parsons wodtimX in the trees. Odw cliaabiag or acing a iiit
buck, wit 1 to 2 pmms aactiag sa the gwmd crew to ►aaodlc bens» (2 people based at need)- Tbis price would
Whads agaVmm t to sappmt a 4 psrean craw sadt as lilt bucck, bg leader teutk, cbgpei & trunk ere.,,
2 Any contractor dcariagito provide extra warless, m czem of the four pawn crew. aunt [derive m6oratsdon
fran City Fa v*y prior fro each job.
3 A three (3) person crew vmmfld indede 2 persons wotic mpg in to trees, eww climbi ms or rising a lift track, with I
person acdog as the pound crew to bbanddde beusb and dram up. Thm pre shall include tta: on of mpport
equipeamt such as a lift *am*, lea loader truck, dripper a truck arc...
4 This bid will be VvAdad b all WWested City d"whoests to wcorupfiA tree reared wort on pm CaL 11W
breskota prices may aim 8me used in the cm of storm veldod, or other emagnaey events wbom the City would need
a use cue "mms m temp W tb ciasaap cpe sdoos.
5 A log loaner buck refdar to any piece of powered equipment tM is ueod for brusb cle as up or to load logs and
debris hem pr%Mft Of reanovd work, RKanoQiss would be a grappb trndk or a aeon crsee stack.
6 An homty price for so mp grinding is included in thus bid as a pricing source for City depsabmenft who bave need
of a Aow vindac and opens", such 44 City F raring,
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 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.
JUL, b• im- J:w NU, m
U1, CERTIFICATE OF LIABILITY INSURANCE
Y, 1/2
07/06/20°°006
"UmmER (97 )ta3-0924 FAX (970)267-2231
Community First insurance, Inc.
1075 W Horsetooth Rd, Ste 100
Fort Collins, CO 80526
THIS CERTIFICATE 19 ISSUED AS AMATTER OF INFORMATION
ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE
HOLDER. THIS CERTIFICATE 009E NOT AMEND, EXTEND OR
AM JUR COVERAGE AFFORDED BY THE POLIQ E9
INSURERS AFFORDING COVERAtiE
NAIC 4
Dnuron Finn ree rV Ce, ne.
Joshua Tree Realty, LLC
PO Box 270494
Fort Collins, CO BOS27-0494
WSURFRA The Hartford
IRDUR R: Pinnacol Assurance
INSURER c:
INSURGRO:
INSURER
THE POLOEB OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE mwitiO NAMED ABOVE FOR THE POLICY PERIOD INDICATED.
ANY REQUIREMENT TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY
MAY PERTAIN. THS INSURANCE AFFORDED BY THC POLICIES DESCRIBED HEREIN 13 SVBJECT TO ALL THE TERMS. EXCLUSIONS AND CONPOLICIES. AGGREGATE LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS.
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City of Fort Collins
Purchasing Division
John Stephen
215 N Mason
PO Box Sao
Fort Collins, CO 80522
SHOULD ANY OF THE ABOVE DESCRIBED POUCIES BE CANVELLIM 0WORD THE
TI(PIRATION CATO THBtCGP. THE INN Ms INSURER WILL INDFJAVOR TO AWL
10 DAYS WRITTEN NOTICETO THE CERTIFICATE HOLDER NABED TO THE LEFT,
BUS FAILURE TO MAIL a,ICH H&HCE SHALL IAPWB NO OBLMATTCN OR MAGI ffY
AGORD 28 (2001/03) FAX: (970)221-6707 47 CACORD CORPORA71ON 1988
UL. 6. 2006- 3:58PtiI - NO.645-----P.
IMPORTANT
If the cent =te holder is an ADDITIONAL INSURED, the polfoy(fes) must be endorsed. A statement
on this certificate does not confer rights to the certificate holder in lieu of such endomement(s).
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 aide of this form does not constitute a contract Between
the issuing insurer(s), authorbed representative or producer, and the certificate holder, nor does it
affirmatively or negatively amend, extend or attar the coverage afforded by the policies Usted thereon_
ACORD 211 (2001100)
2. Changes in the Work. The City reserves the right to independently bid any
services rather than issuing work to the Service Provider pursuant to this Agreement. Nothing
within this Agreement shall obligate the City to have any particular service performed by the
Service Provider.
3. Time of Commencement and Completion of Services. The services to be
performed pursuant to this Agreement shall be initiated as specified by each written Work Order
or oral emergency service request. Oral emergency service requests will be acted upon without
waiting for a written Work Order. Time is of the essence.
4. Contract Period. This Agreement shall commence March 1, 2007 and shall
continue in full force and effect until February 28, 2008, 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 90
days prior to contract end.
5. Delay. If either party is prevented in whole or in part from performing its
obligations by unforeseeable causes beyond its reasonable control and without is 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.
6. Early Termination by City/Notices. 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 mailed at least fifteen (15)
days prior to the termination date contained in said notice unless otherwise agreed in writing by
SA WO rev09/01 /06 2
the parties. All notices provided under this Agreement shall be effective when mailed, postage
prepaid and sent to the following address:
City
Service Provider
City of Fort Collins Fine Tree Service, Inc.
Attn: Purchasing Attn: Joseph Fine
PO Box 580 PO Box 270494
Fort Collins, CO 80522 Fort Collins, CO 80527
In the event of early termination by the City, the Service Provider shall be paid for services
rendered to the termination date, 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.
7. Contract Sum. This is an open-end indefinite quantity Agreement with no fixed
price. The actual amount of work to be performed will be stated on the individual Work Orders.
The City makes no guarantee as to the number of Work Orders that may be issued or the actual
amount of services which will in fact be requested.
8. Payments.
a. The City agrees to pay and the Service Provider agrees to accept as full
payment for all work done and all materials furnished and for all costs and expenses incurred in
performance of the work the sums set forth for the hourly labor rate and material costs, with
markups, stated within the Bid Schedule Proposal Form, attached hereto as Exhibit "B",
consisting of one (1) page, and incorporated herein by this reference.
b. Payment shall be made by the City only upon acceptance of the work by the
City and upon the Service Provider furnishing satisfactory evidence of payment of all wages,
taxes, supplies and materials, and other costs incurred in connection with the performance of
such work.
SA WO rev09/01/06 3
9. Liquidated Damages. OWNER and CONTRCTOR recognize that time is of the
essence of this Agreement and that OWNER will suffer financial loss if the Work is not
completed within the times specified in the work order, plus any extensions thereof allowed in
accordance with Article 12 of the General conditions. They also recognize the delays, expenses
and difficulties involved in proving in a legal proceeding the actual loss suffered by OWNER if
the Work is not completed on time. Accordingly instead of requiring any such proof, OWNER
and CONTRACTOR agree that as liquidated damages for delay (but not as penalty)
CONTRACTOR shall pay OWNER the amount set forth in each Work Order.
10. City Representative. The City's representative will be shown on the specific
Work Order and shall make, within the scope of his or her authority, all necessary and proper
decisions with reference to the work requested. All requests concerning this Agreement shall
be directed to the City Representative.
11. Independent Contractor. It is agreed that in the performance of any services
hereunder, the Service Provider is an independent contractor responsible to the City only as to
the results to be obtained in the particular work assignment and to the extend that the work shall
be done in accordance with the terms, plans and specifications furnished by the City.
12. 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.
13. 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 under the
Agreement or of any cause of action arising out of the performance of this Agreement.
SA WO rev09/01 /06 4
14. 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.
15. 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.
16. 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
SA WO rev09/01 /06 5
shall be liable to the non -defaulting party for the non -defaulting party's reasonable attorney fees
and costs incurred because of the default.
17. 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 representative, successors and assigns of said parties.
18. 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 to the city.
19. 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.
SA WO rev09/01/06 6
20. Law/Severability. This Agreement shall be governed in all respect by the laws of
the State of Colorado. 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.
21. 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.
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
SA WO rev09/01/06
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.
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.
ATTEST
- V � 1�
Corpor to Secretary
CITY OF FORT COLLINS, COLORADO
municipal corporation
By: �LA�
J mes B. O'Neill II, CPPO
Direct of Purchasing and Risk Management
Date:
Fine Tree Service, Inc
By: cTw)-Q
Print Name
Title Qt,9t"de-A
Corporate President or Vice President
Date: 0 I jo l 01
(Corporate Seal)
SA WO rev09/01 /06
EXHIBIT A
WORK ORDER FORM
PURSUANT TO AN AGREEMENT BETWEEN
THE CITY OF FORT COLLINS
AND
DATED:
Work Order Number:
Purchase Order Number:
Project Title:
Commencement Date:
Completion Date:
Maximum Fee:
Project Description:
Scope of Services:
Service Provider agrees to perform the services
identified above and on the attached forms in
accordance with the terms and conditions
contained herein and in the Services Agreement
between the parties. In the event of a conflict
between or ambiguity in the terms of the Services
Agreement and this work order (including the
attached forms) the Services Agreement shall
control.
The attached forms consisting of (_) pages
are hereby accepted and incorporated herein by
this reference, and Notice to Proceed is hereby
give.
CC: Purchasing
Service Provider:
By:
Date:
City of Fort Collins:
Submitted by:
Date:
Reviewed By:
Date:
Approved by:
Date:
Approved by:
Director of Purchasing and Risk Management
(if over $30,000.00)
Date:
SA WO rev09/01/06