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HomeMy WebLinkAbout132503 AARBORWORKS EFFECTIVE TREE & SHRUB CARE - CONTRACT - BID - 5669 STUMP GRINDINGSERVICES 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 ARBORWORKS EFFECTIVE TREE & SHRUB CARE, L.L.C, 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. Scooe of Services. The Service Provider agrees to provide services in accordance with the scope of services attached hereto as Exhibit "A", consisting of nine (9) pages, and incorporated herein by this reference. 2. Contract Period. This Agreement shall commence February 19, 2002, and shall continue in full force and effect until February 18, 2003, 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. Pricing changes shall be negotiated by and agreed to by both parties and may not exceed the Denver - Boulder CPI-U as published by the Colorado State Planning and Budget Office. 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. 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 SA 10/01 1 2 53" Siberian Elm 814 Maple 53" Siberian Elm 4 70" Cottonwood 2500 S. Shields — grind all stumps 57" Cottonwood between curb and walk: old stump 43" Cottonwood south of drive, 3 north of drive. 68" Cottonwood Street & Cemetery Trees 3 60" Cottonwood Rocky Mountain Way and S Shields 69" Cottonwood southwest corner along west side of 60" Cottonwood Shields 1 81" Cottonwood Rocky Mountain Way and Shields 5'" tree south of Rocky Mountain way on east side of Shields 1 30" Cottonwood 205 Parker 2 57" Silver Maple 330 E. Mulberry —west tree 72" Silver Maple east tree 1 88" Silver Maple 334 E. Mulberry along Peterson side SA 10/01 3 Stump Grinding and Clean -Up 2002 Park Trees DESCRIPTION Remove stumps using a stump grinder with minimum horsepower of 50. Clean up debris from stump grinding and fill stump holes with soil at various locations within the City as listed. Stump sizes are listed and have been measured by City Forestry staff. Contractor may verify stump sizes. SPECIFICATIONS 9. Grind stumps to 14" below ground line. 10. Fill stump cavity with top -soil to a level slightly above surrounding grade after all chips and excess debris from grinding operation are hauled away. 11. Haul excess chips and fill cavities within five (5) days after grinding each stump. Streets, curbs and sidewalks should not be blocked by grinding debris at any time. 12. Complete all work by April 1, 2002. 13. Contractor will keep Assistant City Forester (221-6302) informed of daily progress in terms of which stumps are scheduled and which are completed. 14. Additional stumps may be added during the time period beginning on the date the bid is awarded and ending December 31, 2002. At that time the City and the contractor can decide to continue at the agreed upon price or terminate the quote based on a dollar per inch price. 15. City Forestry staff are available to help locate any stumps. 16. Standards of Workmanship J. All work shall be conducted in a manner to cause the least possible interference or annoyance to others. K. Authorized work on this job neither expresses or implies a right to violate any law of the land. L. Inadequately or improperly trained personnel shall not be utilized for work on this job beyond their known capacity or ability to perform properly or safely. M. Any injury to persons or damages to any improvement while working on this job shall be promptly reported to the Assistant City Forester. N. Any use of tools or equipment in unsafe condition or any application of techniques or methods deemed unsafe to life, limb or property is forbidden. O. Pedestrian and vehicular traffic safety shall be of primary concern. Adequate barricades and warning devices shall be placed as necessary for the safety of persons and vehicles. Flag persons should be stationed as necessary. SA 10/01 P. Cause as little inconvenience to pedestrians and vehicles as possible. Q. Qualified street and sidewalk warning devices shall be in position as required at all times stump grinding work is occurring. R. Contractor is responsible for all utility locates prior to commencing grinding. SA 10/01 0 Quanti 1 9 1 1 1 1 Diameter Species 21" Hackberry Location Edora Park: East of Welch St., Southeast of playground. City Park: 31" American Elm Along Larimer Canal Irrigation 35" American Elm Ditch, just across from Fire 38" American Elm Station on Bryan Ave. 36" Silver Maple Southwest corner of picnic shelters to the west of the, restrooms between the hedge and the shelters. 40" Silver Maple Just south of Fire Station in juniper bed along south driveway into the Park Shop. 47" American Elm Along the west side of Larimer Canal Irrigation Ditch, just south of Housing Authority building and east of the north baseball Feld parking lot. 18" Silver Maple Around perimeter of City Park 19" Silver Maple Maintenance Shop Building 20" Silver Maple (413 S. Bryan) compound and 31" Silver Maple holding yard. 35" Silver Maple 25" Silver Maple 50" Silver Maple 55" Silver Maple Troutman Park 22" Cottonwood On the south edge of the west pond. SA 10/01 3 Washington Park 30" American Elm South of the sidewalk on the north edge of the park; just off of Maple Street. City Park Nine Golf Course 75" Siberian Elm #8 Hole — across from ladies tee, north side of fairway. SA 10/01 DO INSURANCE REQUIREMENTS 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: 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 $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. SA 10/01 0 ADDENDUM BID SCHEDU Bid #5669 Stump Grinding EXHIBIT "C" City reserves the right to a and to more than one contractor depending on price and ability to complete the work by April 1' 2002. 1. Cost per inch for $ 2. Cost per inch for f � .CD3 3. Cost per inch for c FIRM NAM b�rwu Are youa SIGNATUR /, et stumps to grind, fill the hole with chips/soil and haul excess away. 1 �4. 6 inch X 2709 inches - $ Total stumps to grind, haul excess anti fill stump cavity with approved soil. inch X 628 inches = $ Total eta stumps to grind with no cleanup inch X 200 inches = $• ` Total GRAND TOTAL $�©/- ' poration, Partnership, DBA, LLC, or PC , /o�o Ul rs � I/ r a� fi doll, 5 LAI 2�o'I 02/21/2002 11:24 9702672231 COMMUNITY FIRST PAGE 01/01 ACORQN vtKTIFICATE OF LIABILITY I S RANCE I DATE WMDONY) 02/21/2002 PRODUCER (970)223-0924 FAX (970)223-7438 iSDEEAS-All Community First Insurance Agencies, Inc. ONLY ND CONFERS IO RIGHTS UPON THE CERTIFICATE HOLD R. THIS CERTIF DATE DOES NOT AMEND, EXTEND OR 107S W HDrsetooth Rd, Ste 100 ALTE THE COVERAG I AFFORDED BY THE POLICIES BELOW. Fort Collins, CO 80526 INSUR ENS AFFORDING COVERAGE INSURED Ar orworks Effective Tree & Shru Care LLC INSURER CNA 1030 West Vine Drive INSURER Fort Collins, CO $0521 INSURER INsuR1Uz ; NSURER COV ES THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAM EP ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJE POLICIES. AGGREGATE LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. ABOVE FOR THE P 5CIE PERIOD INDICATED. NOTWITHSTANDING RESPECT TO WHIC H THIS CERTIFICATe MAY BE ISSUED OR T TO ALL THE TEF MS, EXCLUSIONS AND CONDITIONS OF SUCH L'IR TYPE OF INSURANCE POLICY NUMBER PATE (M DATEI=YY) UNITS GENERAL LABILnY 2054519209 10/13/2 Ol 10/13/20012 EACHOCCURRENCE s 1,000 00 X COMMERCIALGENERALLIABILITY CLAIMS MADE �X OCCUR III FIREDAMAGE (Any one Bro) E 100.0 MEb ExP (Any one person) E 10,00 A PERSONAL AADVINJURY E 1 D00 OD GENERAL AGGREGATE E 2,000.0 GEN'L AGGREGATE LIMIT APPLIES PER: POUOY JJE T LOC PRODUCTS -COMP/0P A00 E 2,000,0 AUTOMOBILE LIARILIri ANYAUTO B2054SI82S7 10/13/2001 10/13/2012 COMBINED SINGLE LIMIT (Re accident) E 500,00 X BODILY INJURY (Per parson) E A ALL OWNED AUTOS SCHEOULEDAUTOS HIRED AUTOS NON -OWNED AUTOS X BODILY INJURY (Per owdent) E X PROPERTY DAMAGE (Per e2idpnt) E DARAOE LIABILITY AUTO ONLY-EAACCIDENT E ANY AUTO OTHERTHAN EA ACC AUTO ONLY: AGO S E EXCESS LIABILITY OCCUR CLAIMS MADE EACH OCCURRENCE E AGGREGATE E E DEDUCTIBLE E RETENTION E E WORKERS COMPENSATION AND EMFLOYERS' LIABILITY TORYLIMITS F ER E.L. EACH ACCIDENT E E.L. DISEASE • EA EMPLOYE E E.L. DISEASE -POLICY LIMB E A Lea ed/Rented quipment 2054SIS209 10/13/20 1 10/13/20112 $50'000 limit / $540 Dedt OEBCRIPTION OP DPERATIONSILOCATIONSAIEHICLESIEXCLUSIONSA DBY ENM—RSEMENTJSPECMF Fhe Certificate Holder is named as Additional Insured/Loss P SIGNS Yee as their interests may appear as •espects the ongoing operations. CERTIFICATE HOLDER X I ADDITIONAL INSURED; INSURER LETTER: A CANCELOTION SHOULD ANY OF THE ABOME L E;CRIBED POLICIES BE CANCELLED BEFORE THE EKPIRA ON GATE THEREOF, I HE ISSUING COMPANY WILL ENDEAVOR TO MAIL City of Fort Collins Purchasing Department . RUr FAI YS WRITTEN NOTICITO THECERTIRCATE HOLDER NAMED TO THE LEFT, URETO MASUCH N 7110E SHALL IMPOSE NO OBLIGATION OR LIABILTT 21S N. Mason OF ANY IND UPOIL N THE C MP WY, ITS AGENTS OR REPRESENTATIVES. Fort Collins, CO 80522 AARHOmz UIP " Keri A rust FAX: (970)221-6707 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: John Stephen, CPPB, Senior Buyer City of Fort Collins Purchasing Division P. O. Box 580 Fort Collins, CO 80522 Service Provider: Arborworks Effective Tree & Shrub Care, LLC 1030 West Vine Drive 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, the sum of Ten Thousand Nine Hundred Forty-eight Dollars ($10,948.00) as listed in Exhibit C, incorporated herein by this reference. 6. City Representative. The City will designate, prior to commencement of the work, its representative who shall make, within the scope of his or her authority, all necessary and proper decisions with reference to the services provided under this agreement. All requests concerning this agreement shall be directed to the City Representative. 7. Independent Service provider. The services to be performed by Service Provider are those of an independent service provider and not of an employee of the City of Fort Collins. The City shall not be responsible for withholding any portion of Service Provider's compensation hereunder for the payment of FICA, Workmen's Compensation or other taxes or benefits or for any other purpose. 8. Personal Services. It is understood that the City enters into the Agreement based SA 10/01 `a 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. Warran . (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-fumished 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. 12. Remedies. In the event a party has been declared in default, such defaulting party shall be allowed a period often (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 SA 10/01 R3 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 "B" consisting of one (1) page, attached hereto and incorporated herein by this reference. The Service Provider before commencing services hereunder, shall deliver to the City's 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. 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 SA 10/01 4 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. CITY OF FORT COLLINS, COLORADO a municipal corporation By. Jame B. 'Neill II, CPPO, FNIGP Direct Purchasing and Risk Management Date: 2 - , (`O z ARBORWORIaS EFFECTIVE TREE & SHRUB CARE, L.L.0 By: Jw�OA PRINT NAME Date: C - /A /fU SA 10/01 :02tan"T Stump Grinding 2002 Street & Cemetery Trees DESCRIPTION Remove stumps from various locations within the City as listed. Stump sizes are listed and have been measured by City Forestry staff. Contractor may verify stump sizes prior to submitting bids. Contractor must have stump grinder with minimum 50 hp SPECIFICATIONS Grind stumps to 14" below ground line. 2. Fill street stump cavity with chips and soil from grinding operation to a level slightly above the surrounding grade. Haul excess chips within five (5) days after grinding. Chip piles shall not be left on streets, curbs or sidewalks at any time. 3. Stumps located in cemeteries will be ground only. All grinding debris can be left for cemetery crew to clean up. 4. Complete all work by April 1, 2002. 5. Contractor will keep Assistant City Forester (221-6302) informed of daily progress in terms of which stumps are scheduled and which are completed. 6. Additional stumps may be added during the time period beginning the date this bid is awarded and ending December 31, 2002. At that time the City and the contractor can decide to continue at the agreed upon price or terminate the quote based on a dollar amount per inch. City Forestry staff are available to help locate any stumps. 8. Standards of Workmanship A. All work shall be conducted in a manner to cause the least possible interference or annoyance to others. B. Authorized work on this job neither expresses or implies a right to violate any law of the land. C. Inadequately or improperly trained personnel shall not be utilized for work on this job beyond their known capacity or ability to perform properly or safely. D. Any injury to persons or damages to any improvement while working on this job shall be promptly reported the Assistant City Forester. E. Any use of tools or equipment in unsafe condition or any application of techniques or methods deemed unsafe to life, limb or property is forbidden. SA 10/01 F. Pedestrian and vehicular traffic safety shall be of primary concern. Adequate barricades and warning devices shall be placed as necessary for the safety of persons and vehicles. Flag persons should be stationed as necessary. G. Cause as little inconvenience to pedestrians and vehicles as possible. H. Qualified street and sidewalk warning devices shall be in position as required at all times stump grinding work is occurring. I. Contractor is responsible for all utility locates prior to commencing grinding. SA 10/01 Street & Cemetery Trees Quanti Diameter Species 3 57" American Elm 52" American Elm 54" American Elm 1 37" American Elm 1 24" Hackberry 1 20" Ash 1 24" American Elm 2 55" Cottonwood 50" Cottonwood 1 62" Cottonwood 1 42" American elm 1 60" Siberian elm 1 49" American Elm 1 85" Silver Maple 1 36" American Elm 1 72" American Elm 1 48" American Elm 1 79" Siberian Elm 1 60" Cottonwood 1 35" American Elm Location Grand View Cemetery — East boundary of Section 9 Grand View Cemetery — Along Taft Hill Rd. (across from 109 S.Taft Hill Rd. ) 609 W. Mountain Avenue in median in center of Mountain. 1700 W. Mountain Avenue 1014 W. Mountain Ave. South Shields west side just north of Rain Tree Drive Behind house at 3307 Sam Houston 1413 S College Avenue 512 Peterson — Contact home owner Pam Winer (221-2470) prior to grinding to go over irrigation 402 E. lake 100 block W. Magnolia, North side (across from Wells Fargo Bank) 502 E. Elizabeth on Whedbee 428 E. Elizabeth 501 Edwards 301 Loomis (on Olive) 2nd Tree west of west entrance to Bauder Elementary School at 2345 W. Prospect Rd. 4t' Tree south of Laurel on west side of College along CSLI frontage SA 10/01 IQ 1 40" American Elm CSU frontage along west side of S. College Ave. directly across from 814 S. College Street & Cemetery Trees 1 98" Cottonwood S. Lemay Ave. east side, south of Rule Dr. (directly west of 1100 Oakleaf Ct.) 1 40" American Elm 704 W. Myrtle 1 52" American Elm 200 block of W. Oak on the north side mid -block (by Court House) 2 47" Siberian Elm 616 W. Mulberry 51" Siberian Elm 1 32" Siberian Elm 630 S. Taft Hill Road 1 42" Cottonwood 3821 Richmond 1 40" American Elm 821 LaPorte 1 45" American Elm 726 W. Oak 1 42" White Ash 649 Remington on Laurel Call Bonnie before grinding 224-5467 about irrigation 1 70" Silver Maple 218 Peterson 1 45 Cottonwood East Horsetooth, North side, 3rd tree west of Rolling Green 1 30" Cottonwood East Drake, north side, 30 yards west of Kirkwood 1 35" Silver Maple South Taft Hill Road, east side, across from 833 S. Tafthill (Church) 1 65" American Elm 718 Mathews 1 60" American Elm 1212 W. Oak 1 75" American Elm 1136 LaPorte 3 42" Cottonwood 330 S, Grant 46" Cottonwood 50" Cottonwood SA 10/01 4