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HomeMy WebLinkAbout278992 NEWELL BROS - CONTRACT - BID - 5741 TREE REMOVAL HAXTONSERVICES AGREEMENT THIS AGREEMENT made and entered into on November 5, 2002, by and between THE CITY OF FORT COLLINS, COLORADO, a Municipal Corporation, hereinafter referred to as the "City" and Newell Bros., 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. Scope of Services. The Service Provider agrees to provide services in accordance with the scope of services attached hereto as Exhibit "A", consisting of three (3) pages, and incorporated herein by this reference. 2. Time of Commencement and Completion of Services The services to be performed pursuant to this Agreement shall be initiated within five (5) days following execution of this Agreement. Services shall be completed no later than December 15, 2002. Time is of the essence. Any extensions of the time limit set forth above must be agreed upon in a writing signed by the parties. 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 to the termination date contained in said notice unless otherwise agreed in writing by SA 10/01 7 11/18/2002 15:33 970-356- 98 LINDEN BARTELS PAGE 01/01 ACORD CERTIFICATE OF LIABILITY INSURANCE GP ID D DATE(MMIOUNVN) NEWEL -I 11 18/02 PRODUCER THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE Linden/Bartels & Noe Agency GR 3459 W 20th Street Suite 224 HOLDER THIS CERTIFICATE DOES NOT AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. Greeley CO 80634 Phene:970-356-1133 Fax:970-356-4088 INSURERS AFFORDING COVERAGE NAIC# INSURED INSURERA Bitiminous Insurance Co INSURER B: Pinnacol Assurance — Newell BrOS . , LLC 2121 Ist Avenue Suite B Greeley CO B0631 INSURER C: INSURER D; -- INSURER E: COVERAGES THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED, NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, TWE INSURANCE AFFORDED BY THE POLICIES DEGCRIRED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. AGGREGATE LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS, LTR WSWTYPE OF INSURANCE POLICY NUMBER DATE MWDO V DATE MMMDJYY N LIMITS GENERAL LIABILITY EACH OCCURRENCE -UMA $1,000,000 X COMMERCIAL GENERAL LIABILITY CLAIMS MADE a] OCCUR CLP3149272 09/17/02 09/17/03 _ PREMISESEaaauance $100,000 MED EXP (Arty we pMW) $5 000 PERSONAL& AOV INJURY $1,000,000 GENERALAGGREGATE s2,000,000 GEN'L AGGREGATE LIMIT APPLIES PER: PRODUCTS. COMPIOP ADD 12,000,000 POLICY JEC LOC A AUTOMOBILE LIABILITY ANY AUTO CAP3149273 09/17/02 09/17/03 COMBINED SINGLE LIMB (FA ident) acc &1,000I 000 ALL OWNED AUTOS SCHEDULED AUTOS SOOILY INJURY Wvpvw) S X HIRED AUTOS NON-OWNEOAUTOS X BODILY INJURY (Par acme n%) S X PROPERTY DAMAGE (Pv aaiAeM) S GARAGE LIABKITY AUTO ONLY. EAACCIDENT S ANYAUTO N/A (OTHER THAN EAACC AUTO ONLY; AGG $ $ EXCESSAIMERELLA UASI UTY OCCUR CLAIMS MADE N/A EACHOCCURRENCE S AGGREGATE f S DEDUCTIBLE & RETENTION & f 'E WORKERS COMPENSATION AND ANYY PROPPROPRITONS'LMBINTY ANY OFFICERIMEMORR EXCWDED4 n M dumm urger S�EEIAL PROVISIONS b91" 3454167 05/01/02 05/01/03 X TDRY LIMITS ER E.L. EACH ACCIDENT S10Q 000 E.L. DISEASE - EA EMPLOYEE S100 j 000 E.L. DISEASE -POLICY LIMIT 9500 000 OTHER DESCRIPTION OF OPERATIONS I LOCATIONS I VEHICLES EXCLUSIONS ADDED BY ENDORSEMENT I SPECIAL PROVISIONS THE CITY OF FORT COLLINS IS AN ADDITIONAL INSURED UMZR THE GENERAL LIABILITY POLICY, BUT ONLY WITH RESPECTS TO LIABILITY ARISING OUT OF THE INSUREDS OPERATIONS- FAX: 970-221-6707 CERTIFICATE HOLDER CANCELLATION FTCOLLI SHOULD ANY OF THE ABOVE DESORIBEp POLICIES yBaEa NCpA�N-,vC�E�LLED BEFORE THE EXPIRATION DATE THEREOF THE ISSUING INSURER WILL 23013M.RWWAIL 30 DAYS WRITTEN NOTICE LEFT CE TO THE CERTIFICATE HOLDER NAMED TO THE City O£ Ft- Collins / Attn: Jan P.O. Box 580 Ft. Collins, CO 80522 AUTHOR REPREs Tp71Y6 ' r SERVICES AGREEMENT THIS AGREEMENT made and entered into on November 5, 2002, by and between THE CITY OF FORT COLLINS, COLORADO, a Municipal Corporation, hereinafter referred to as the "City" and Newell Bros., 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. Scope of Services. The Service Provider agrees to provide services in accordance with the scope of services attached hereto as Exhibit "A", consisting of three (3) pages, and incorporated herein by this reference. 2. Time of Commencement and Completion of Services The services to be performed pursuant to this Agreement shall be initiated within five (5) days following execution of this Agreement. Services shall be completed no later than December 15, 2002. Time is of the essence. Any extensions of the time limit set forth above must be agreed upon in a writing signed by the parties. 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 to the termination date contained in said notice unless otherwise agreed in writing by SA 10/01 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, Purchasing P.O. Box 580 Ft. Collins, CO 80522 Attn: John Stephen Service Provider: Newell Bros., L.L.C. 3501 E. Prospect Rd., Suite C Ft. Collins, CO 80525 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 Thirteen Thousand Nine Hundred Twenty-five Dollars ($13,925.00). 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 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 SA 10/01 8 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. 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 SA 10/01 M 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 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. SA 10/01 10 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. CITY OF FORT COLLINS, COLORADO a mu i al corporation By: / �2 �St,l Jam B O'Neill II, CPPO, FNIGP Dire of Purchasing and Risk Management Date: 1// Lv ld Newell Br L. .f By: �t ct '1��I Pw r NP�tic+I PRINT NAME CORPORATE PRESIDENT OR VICE PRESIDENT Date: ATTEST: (Corporate Seal) CORPORATE SECRETARY SA 10/01 11 EXHIBIT A HAZARD TREE REMOVAL & PRUNING BID Lemav & Haxton and the Housing Authority (1715 W. Mountain Ave.) October2002 Job Description Remove 3 hazardous cottonwood trees located in the City Right -of -Way along the east side of South Lemay Avenue just north of Haxton Drive. The trees to be removed are the first and second trees north of Haxton and the farthest north cottonwood of that group of six. Perform a hazard prune on four cottonwood trees. These are the third, fourth and fifth trees north of Haxton; the fourth cottonwood to be pruned is south of Oakridge Drive in the right- of-way adjacent to Friendship Animal Hospital (1103 Oak Park Drive). Remove 2 hazardous cottonwood trees on the north side of the Housing Authority administrative building at 1715 W. Mountain Avenue. These trees are located between the sidewalk leading to the north entrance and the parking lot. 2. General Information City Forestry staff will assist all bidders in locating tree on job sites. The starting date of this job shall be decided by mutual agreement between the Assistant City Forester and the contractor. Job completion must occur on or before December 15, 2002. 3. Specifications Pertaining to Tree Removal: a. Completely remove tree, leaving the stump as close to the ground as possible. b. Properly dispose of all logs, limbs, and brush from each removal. c. Contact Assistant City Forester to arrange starting dates. 4. Standards For Hazard Reduction Prunina: a. Remove deadwood down to one inch in diameter. b. Remove severely hollow limbs that pose a threat to public safety. c. The intent is to leave as much live plant material as possible while reducing public risk. This may involve deviating from normal pruning guidelines regarding the size of a lateral branch where a pruning cut is made. An example might be removing a dead limb that is 10 inches in diameter back to a live lateral that is only 3 or 4 inches in diameter. 5. (1) 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. (2) 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. (3) Whenever large tree sections are being cut in a tree top which may endanger people or property, such materials shall be secured and lowered safely in a controlled manner. (4) At least one responsible tree worker shall serve to coordinate safe operations on the ground at all times when work operations are in progress. (5) Winch trucks should not be tied to trees or utility poles in the process of tree removal or otherwise be used for the purpose of securing anchorage or leverage while removing other trees or portions thereof. 6. Standards for Workmanship a. General Standards for Workmanship (1) 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. (2) All such work shall be conducted in a manner as to cause the least possible interference with or annoyance to other. (3) 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. (4) A qualified supervisor shall be present at all times when work is being performed except that he may be absent for short periods during the day when necessary because of emergencies or other urgent matters. (5) 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. (6) 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. (7) 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. (8) Adequate barricades and warning devices shall be placed and flagpersons shall be stationed as necessary for the safety of persons and vehicles. (9) Qualified street and sidewalk warning devices shall be in position as required at all times while work on this job is being performed. (10) 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 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. (11) It shall be unlawful for any person to engage in the business of planting, cutting, trimming, pruning, removing, spraying or otherwise treating trees, shrubs or vines within the City without first procuring a license therefore from the City. (12) All motor vehicles and other major equipment or any licensed person used in conducting the licensed business shall be clearly identified with the name of the licensee. (13) The contractor is responsible for providing all necessary traffic control to assure the safety of motorists, pedestrians, and bicyclists. The traffic control shall be provided by and maintained by an ATSSA certified Traffic Control Supervisor, TCS. All traffic control devices shall meet or exceed the minimum standards set forth in the Manual of Uniform Traffic Control Devices, MUTCD. The contractor must submit traffic control plans and coordinate all traffic control with the City's Traffic Control Coordinator. The traffic control plans must be submitted 72 hours prior to starting tree operations and prior to any modification to the traffic control plan. If the plan is not submitted and approved, or if the traffic control devices are not provided according to the plan, the project will be shut down immediately until the situation can be corrected. Flaggers must be used to close the street and for one lane traffic operation. The flaggers must be certified and under the supervision of a certified TCS. (14) Sidewalks must be properly barricaded to protect pedestrians during actual removal operations. 7. Other Requirements a. The contractor must have at least three (3) years experience of removing trees larger than 30 inches in diameter, or have successfully completed a job similar to this bid in size and conditions in the past three (3) years. b. Provide the Assistant City Forester with a schedule and timetable of all work. EXHIBIT B 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. 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 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, Purchasing P.O. Box 580 Ft. Collins, CO 80522 Attn: John Stephen Service Provider: Newell Bros., L.L.C. 3501 E. Prospect Rd., Suite C Ft. Collins, CO 80525 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 Thirteen Thousand Nine Hundred Twenty-five Dollars ($13,925.00). 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 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 SA 10/01 8 ACORD CERTIFICATE OF LIABILITY INSURANCL �OPI 1WET DAT1Ei ie ozI PRODUCER THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE Linden/Bartels 6 Noe Agency GR HOLDER. THIS CERTIFICATE DOES NOT AMEND, EXTEND OR 3459 W 20th Street Suite 224 ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. Greeley CO 80634 Phone:970-356-1133 Fax:970-356-4088 INSURERS AFFORDING COVERAGE NAIC# INSURED INSURER A: BituBlinous Insurance CO INSURER B: Pinnacol Assurance Nowell Bros., LLC INSURER C: 2121 1st Avenue Suite B INsuRERO' Greeley CO 80631 VVVGIVMDW THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. AGGREGATE LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. Me LTR NSR TYPE OF INSURANCE POLICY NUMBER DATE EFFECTIVE POLICY (MM/DD/l Y) LIMITS GENERAL LIABILITY EACH OCCURRENCE $ S , OOO , OOQ - A X COMMERCIAL GENERAL LIABILITY CLAIMS MADE [X] OCCUR CLP3149272 09/17/02 09/17/03 TUNES Ee Pwwrence) $ 100,000 MED EXP(Any one person) $ 5,000 PERSONAL B ADV INJURY $ 1,000,000 GENERAL AGGREGATE 52,000,OQQ GENT AGGREGATE LIMIT APPLIES PER: PRODUCTS - COMP/OP AGO $2,000,000 POLICY PRO- JECT El LOG A AUTOMOBILE LIABILITY ANY AUTO CAP3149273 09/17/02 09/17/03 CO COMBINED (Eeami ent) LE LIMIT Dp $ 1,000,000 ALL OWNED AUTOS SCHEDULED AUTOS BODILY INJURY (Per person) $ X HIRED AUTOS NON -OWNED AUTOS X BODILY INJURY (Per accident) $ X PROPERTY DAMAGE (Per ewident) $ GARAGE LIABILITY AUTO ONLY - EA ACCIDENT $ ANY AUTO N/A OTHERTHAN EAACC $ $ AUTO ONLY: AGG EXCESS/UMBRELLA LIABILITY OCCUR CLAIMS MADE N/A EACH OCCURRENCE $ AGGREGATE $ DEDUCTIBLE RETENTION E B WORKERS COMPENSATION AND EMPLOYERS' LIABILITY ANY PROPRIETOR/PARTNERIEXECUTIVE OFFICERIMEMBER EXCLUDED?-'— N yee, tlesPR under SPECIAL PROVISIONS Celow 3454167 05/01/02 05/01/03 X TORY LIMITS ER E.L. EACH ACCIDENT $lOO, 000 E.L.DISEASE-EAEMPLOYEE ---- -- $ 100,000 E. L. DISEASE -POLICY LIMIT $500,000 OTHER DESCRIPTION OF OPERATIONS / LOCATIONS / VEHICLES / EXCLUSIONS ADDED BY ENDORSEMENT/SPECIAL PROVISIONS THE CITY OF FORT COLLINS IS AN ADDITIONAL INSURED UNDER THE GENERAL LIABILITY POLICY, BUT ONLY WITH RESPECTS TO LIABILITY ARISING OUT OF THE INSUREDS OPERATIONS. FAX: 970-221-6707 FTCOLLI SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, THE ISSUING INSURER WILL EMAIL 30 DAYS WRITTEN NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE LEFT City of Ft. Collins 1 Attn: Jan P.O. Box 580 157 Ft. Collins, CO 80522 AUTHORr REPRES NTATIVE L 0 /) ✓i U ACORD 26 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. 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 SA 10/01 i 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 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. SA 10/01 10 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. CITY OF FORT COLLINS, COLORADO a pal corporation yJ � Jam s B O'Neill II, CPPO, FNIGP Dire of Purchasing and Risk Management Date: I t I 2Q 4 o Z Newell Bps., L.L. By: jk,4e,o E. &ic.w¢i[ PRINT NAME CORPORATE PRESIDENT OR VICE PRESIDENT Date: ATTEST: (Corporate Seal) CORPORATE SECRETARY SA 10/01 11 EXHIBIT A HAZARD TREE REMOVAL & PRUNING BID Lemav & Haxton and the Housing Authority (1715 W. Mountain Ave.) October 2002 1. Job Description Remove 3 hazardous cottonwood trees located in the City Right -of -Way along the east side of South Lemay Avenue just north of Haxton Drive. The trees to be removed are the first and second trees north of Haxton and the farthest north cottonwood of that group of six. Perform a hazard prune on four cottonwood trees. These are the third, fourth and fifth trees north of Haxton; the fourth cottonwood to be pruned is south of Oakridge Drive in the right- of-way adjacent to Friendship Animal Hospital (1103 Oak Park Drive). Remove 2 hazardous cottonwood trees on the north side of the Housing Authority administrative building at 1715 W. Mountain Avenue. These trees are located between the sidewalk leading to the north entrance and the parking lot. 2. General Information City Forestry staff will assist all bidders in locating tree on job sites. The starting date of this job shall be decided by mutual agreement between the Assistant City Forester and the contractor. Job completion must occur on or before December 15, 2002. 3. Specifications Pertaining to Tree Removal: a. Completely remove tree, leaving the stump as close to the ground as possible. b. Properly dispose of all logs, limbs, and brush from each removal. c. Contact Assistant City Forester to arrange starting dates. 4. Standards For Hazard Reduction Pruning: a. Remove deadwood down to one inch in diameter. b. Remove severely hollow limbs that pose a threat to public safety. c. The intent is to leave as much live plant material as possible while reducing public risk. This may involve deviating from normal pruning guidelines regarding the size of a lateral branch where a pruning cut is made. An example might be removing a dead limb that is 10 inches in diameter back to a live lateral that is only 3 or 4 inches in diameter. 5. (1) 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. (2) 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. (3) Whenever large tree sections are being cut in a tree top which may endanger people or property, such materials shall be secured and lowered safely in a controlled manner. (4) At least one responsible tree worker shall serve to coordinate safe operations on the ground at all times when work operations are in progress. (5) Winch trucks should not be tied to trees or utility poles in the process of tree removal or otherwise be used for the purpose of securing anchorage or leverage while removing other trees or portions thereof. 6. Standards for Workmanshia a. General Standards for Workmanship (1) 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. (2) All such work shall be conducted in a manner as to cause the least possible interference with or annoyance to other. (3) 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. (4) A qualified supervisor shall be present at all times when work is being performed except that he may be absent for short periods during the day when necessary because of emergencies or other urgent matters. (5) 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. (6) 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. (7) 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. (8) Adequate barricades and warning devices shall be placed and flagpersons shall be stationed as necessary for the safety of persons and vehicles. (9) Qualified street and sidewalk warning devices shall be in position as required at all times while work on this job is being performed. (10) 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 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. (11) It shall be unlawful for any person to engage in the business of planting, cutting, trimming, pruning, removing, spraying or otherwise treating trees, shrubs or vines within the City without first procuring a license therefore from the City. (12) All motor vehicles and other major equipment or any licensed person used in conducting the licensed business shall be clearly identified with the name of the licensee. (13) The contractor is responsible for providing all necessary traffic control to assure the safety of motorists, pedestrians, and bicyclists. The traffic control shall be provided by and maintained by an ATSSA certified Traffic Control Supervisor, TCS. All traffic control devices shall meet or exceed the minimum standards set forth in the Manual of Uniform Traffic Control Devices, MUTCD. The contractor must submit traffic control plans and coordinate all traffic control with the City's Traffic Control Coordinator. The traffic control plans must be submitted 72 hours prior to starting tree operations and prior to any modification to the traffic control plan. If the plan is not submitted and approved, or if the traffic control devices are not provided according to the plan, the project will be shut down immediately until the situation can be corrected. Flaggers must be used to close the street and for one lane traffic operation. The faggers must be certified and under the supervision of a certified TCS. (14) Sidewalks must be properly barricaded to protect pedestrians during actual removal operations. Other Requirements a. The contractor must have at least three (3) years experience of removing trees larger than 30 inches in diameter, or have successfully completed a job similar to this bid in size and conditions in the past three (3) years. b. Provide the Assistant City Forester with a schedule and timetable of all work. EXHIBIT B 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