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HomeMy WebLinkAbout132503 ARBORWORKS EFFECTIVE TREE SHRUB CARE - CONTRACT - BID - 5761 PRUNING BIDSERVICES 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 Tree Care, Inc., hereinafter referred to as "Service Provider". W ITNESSETH: 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. 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 May 15, 2003. 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) sa.10/01 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. Where necessary, 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. The City Traffic Control Coordinator is responsible for inspecting traffic control operations. (14) Sidewalks must be properly barricaded to protect pedestrians during actual tree work operations. 7. Pre-Qualifyina and Other Requirements a. The contractor must have at least three (3) years experience of pruning and, if necessary, 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. If there is any doubt as to the qualification of a successful bidder, field testing may be required before the contract is awarded to that company or individual. b. All contractors must hold a current Arborist License with the City of Fort Collins in order to bid on this project. c. The successful bidder, or bidders, must obtain a current Climbing classification for their arborist license prior to starting any work on this contract. City Forestry will facilitate this process so that the agreed upon starting date will not be compromised. d. All contractors' field crew supervisors must hold current Arborist Certification with the International Society of Arboriculture (ISA) and provide their certification number with this bid. At least one person with the ISA Arborist Certification will need to be on -site at all times while work is occurring. e. The contractor can dispose of, or use, brush and logs in any acceptable manner except brush or logs of the elm genus (Ulmus) which must be hauled to the County Landfill. 5 f. Along with prices for each block, submit an estimate of how much time it will take to prune each block (in days or weeks). Also estimate how many contract trees your company can prune between the start date and May 15, 2003 if awarded the entire contract for all four blocks. g. The contractor is expected to fully cooperate and coordinate all work activities with The Forestry representatives. h. Failure to comply with any portion of this document shall be grounds for termination of this contract. 9. Definitions and Clarifications: Contractor — The individual(s) or company(ies) that is(are) awarded the work outlined in this contract. Pre -Qualifying Requirements — The intent for the pre -qualifying experience 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 Assistant City Forester. 0 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 $500,000 combined single limits for bodily injury and property damage. In the event any work is performed by a subcontractor, the Service Provider shall be responsible for any liability directly or indirectly arising out of the work performed under this Agreement by a subcontractor, which liability is not covered by the subcontractor's insurance. PHONEIFAX 125 E. Myrtle 617 Remington 621 Remington 641 Remington 612 S. C011e9e EXHIBIT C Block 1: Myrtle to Laurel$ College to Remington _ _ - _ _--------- Deacrt�°�--- rtlon Diameter Price quo pmartaen 45" Myrtie - — 'ho American 39" Remington '- _ Elm--- __ ~Sur Oak 34" N �5 _ Bur Oak _ 25" S-- - �_ American 26" N Green Ash Ash 29" S j U _ Green Ash 27" - American _ 30"- --`_T Green Ash 23" N ,�ov --Green Ash - -- 31" S 3liv Siberian Elm 4511 Uv -- Siberian Elm 42" 00 American 30" �p Q--- m Laurel - ---------_ _ - Amorlokn 23" .300 .---- _..___ 22" 3oo - -• American 31" S �UV _ Elm -American _30" N - Block Total: �{v mpllete this 4 122 E. Myrde,1 st "a west of 122 E. Myrtle. 3rd tree west of 530 S. College, Nlcol Bidg. 522 S. College 500i502 S. College, on College 5oo/602 S. College, on Myrtle 503 Remington, on Mulberry 523 Remington to In Silver Maple Green Ash Loney I oouet Catalpa Catalpa Green Ash - Cottonwood Cottonwood Cottonwood ~ Cottonwood Cottonwood cottonwood AmericanElm - Honey Locust Green Ash Honey Locust �MHackberry Haokberry Groan Ash Green Ash �yGreen Ash Honey Locust Siberian Elm -American Elm - Green Ash 5 mtn�---- Dtam_� - r - 291 18" it E oneVe Myrtle t1" W. tree on IId 18" on collage ImIddle _ 14" W 13" middle 15" E 10° W r W mld¢le 3T' E middle 370 �-- 3111 _2a„ N tree in box 41" S tree in box 24" N tree In turf gyp" 8 tree in turf 9 e! Maeon to Howaa i3lock S: !.aural to MyrN Dlamaiar Species 33"_ ---- _ 20,E Elm3119 tern most Hookberry 230 W . Laurst, on Laurel well Yree aaddrea_ e---- 230 W. Laurel, on How06,1 at tree from corn rtothenorth-------- 230 W. Laurel, on Howell, 2nd tree from pout r to the north 842 Howell, north tree in front of 633 S. Howes 608 S. Howes CO() S. Howes, on HOWea 223 W. Myrtle Ash Catalpa Elm Elm _...-_Elm Elm _ Elm y . Elm _ maple --^ Ash Ash Ash ._.. Ash ---•-- Ash Ash Ash ._.._._.._.Ash rah Crab Apple? Multi stemmed Heckbeny 6 21" 19" 33" 33" S 28" N 31" _ - -277" -_ 29" _ 27" 27" middle ---------- 23" N 48" — 42" S .Awl N. on 14_W 12" E _ 2r1 17" 1,. j�S '11 j Y49 — V t 00 Honey locust 15" N 5(_ 315 S. Maso____ n _--- - _ — --- Honey locust 17it S �T_- v - -- - _----_----- — — 26" N tree In _-.__ Elm front of btdo ak 825 S. Mason 27" middle treat `U Elm parking lot _ _ 21" 8 tree, S Elm parking lot -_`-" - 1 g" S of parking 1 .� I trn lot driveway -- Ash "_- 3 o Ash _ 28" S U - - 36" 3rd tree N r3ason Elm of comerel on Mason - '- " 16" 2nd tree NBirch c f corner21" 1 st tree NAsh of corner� ^ days r_7 Block Total:: Total time to complete this block in —-_-- A (S �- Old Court House Block: Mason to Howes/ Oak to Mountain specie Diameter Addrsss or Elm NW comer of Mason and Oak, 1st tree west of __.. t Elm _ 34" _ ____.ofMas n-- 18"___OakMOWes on How _ 35"h of corner on Howes _ - -44t,.ofcowonHowe_ _ $-..------_----31,th of comer on How®� _ .__ --"--" -"`-'31"of corner on Howes ._� _ _ _ --"� 32„comeron________._ tt 21 Mountain, south side, 5th tree from southeast Ash 7 Pric e 00 Ash_ 28" ��- , qd ith tree from corner Ash - _ — 28" �CD fth tree from com, _ _ ®r on M°ur�tain-----_� Maple f� 8 3th tree from comer _____----- - -- T 28„ REMOVBO 10th tree from corner on SW corner of Mountain Ash and Mason on Mountain Block Total• SIC Total time to complete this block In days y ____--- mT[ar�ay TI�BB PNt[ [u[ua BIQ 2003 �81aok 1 Block 2 Block 3 Old Courthouse Block 1. do_._.,b__.__tissldtiffiv Perform a complete prune on all, or a portion, of 9L. street tress on City right of-Mray In four separate blocks. A block is defined as an entire square block o bounded n tby north, B. four streets. The first block (Block 1) is bounded by MY Laurel Street on the south, S. College Avenue on the west and Remr ngtoon �o n on thBe east. The second block (Block 2) is bounded by I-. Mulberry Myrtle Street on the south, S. College Avenue on the west and am he ton Stre Wet Laurel on the east. The third block (Block 3) is bounded by W. MyrtleStreet Street on the south, S. Mason Street on the east and S. Howes Street on the west. The fourth block (Old Courthouse Block) Is bounded by W. Mountain Avenue on the north, W. Oak Street on the south, S. Masan Street on the east and S. Howes Street on the west. A rice eLocation and description ach tree listed Is required fas well each ras section totals for block and aee are listed on the attached bidegrand total forper all four blocks. 2. �i]gCgl.11l�f City Forestry staff will assist all bidders In locating trees on Job sites. The starting date of this Job shall be decided by mutual t coagreement ps ementtion between ocscur on or before nt City Forester and the successful contractor(s). May 16, 2003. A good relationship between the customer and the successful contractor Is essential in making any contract work smoothly. The City of Fort Collins has the directive to maxittlize the amount of work for the lowest cost without sacrificing quality. As such, there ere times when decisions are made that may not be popular with all contractors. Please address any concerns starting witty the Assistant City FOrestsr and/or the City Buyer. r— l.. .�_ -717^ r �a^ 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, Purchasing P.O. Box 580 Ft. Collins, CO 80522 Service Provider: Arborworks Tree Care, Inc. 400 Hemlock St. Ft. Collins, CO 80521 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 Twenty-six Thousand One Hundred Seventy -Five Dollars ($26,175.00) per Cost Breakdown attached as Exhibit "C". 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 2 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 3 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 4 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 municipal corporation �- JameKB.10'Neill ll, CPPO, FNIGP Directp!.30 Purchasin-g�and 7 Risk Management Date: L ArborworkTr are, Inc. By: PRINT NAMFr / W,ex dan CORPORATE PRESIDENT OR VICE PRESIDENT Date: d " ) )-y l (Corporate Seal) SA 10/01 5 i�:r:n=3rir_� SCOPE OF SERVICE 1. Job Description Perform a complete prune on all, or a portion, of 91 street trees on City right-of-way in four separate blocks. A block is defined as an entire square block bounded by four streets. The first block (Block 1) is bounded by E. Myrtle Street on the north, E. Laurel Street on the south, S. College Avenue on the west and Remington Street on the east. The second block (Block 2) is bounded by E. Mulberry Street on the north, E. Myrtle Street on the south, S. College Avenue on the west and Remington Street on the east. The third block (Block 3) is bounded by W. Myrtle Street on the north, W. Laurel Street on the south, S. Mason Street on the east and S. Howes Street on the west. The fourth block (Old Courthouse Block) is bounded by W. Mountain Avenue on the north, W. Oak Street on the south, S. Mason Street on the east and S. Howes Street on the west. Location and description of each tree are listed on the attached bid sheets. A price per each tree listed is required, as well as section totals for each block and a grand total for all four blocks. 2. General Information City Forestry staff will assist all bidders in locating trees on job sites. The starting date of this job shall be decided by mutual agreement between the Assistant City Forester and the successful contractor(s). Job completion must occur on or before May 15, 2003. A good relationship between the customer and the successful contractor is essential in making any contract work smoothly. The City of Fort Collins has the directive to maximize the amount of work for the lowest cost without sacrificing quality. As such, there are times when decisions are made that may not be popular with all contractors. Please address any concerns starting with the Assistant City Forester and/or the City Buyer. 3. Specifications Pertaining to Tree Removals a. In the event a tree is determined to be in need of removal rather than pruning, these removal specifications will be adhered to. b. Completely remove trees, leaving the stump as low to the ground as possible. c. Properly dispose of all logs, limbs, and brush from each removal. d. Contact Assistant City Forester to arrange starting time. e. Standards of Workmanship for Tree Removal: (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 hazard condition. 1 (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 treetop which may endanger anyone or property, such materials shall be secured by ropes 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) All elm wood (of the Ulmus species) shall be 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 it's 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 drop -crotch cut removes the terminal portion of a stem or branch. This type of cut is used to maintain height, correct storm damage, suppress competing limbs and to reduce the perimeter of a crown. The cut is made back to a living side branch that is at least 1/3 (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 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 will not be employed to any degree on this project. 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 callous 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 other plants or property. 2 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. 5. Complete Prune a. Description of "Complete Prune": This operation of tree trimming shall consist of the general removal of dead, dying, diseased, damaged, conflicting, broken, and structurally unsound limbs to improve the overall health, safety, structure and aesthetics of each tree. b. Specifications: (1) Properly remove all dead, dying or weakened branches of % 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 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 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. (c) Limbs forming multiple or co -dominant leaders, particularly those that have junctures with included bark. Select the best leader and suppress 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. (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. (g) Undesirable suckers and water sprouts in the bottom 1/3 of the crown. 3 (h) Selective removal of stubs or broken limbs back to developing leaders and suppression or removal of limbs that compete with the developing leader. (i) Remove or drop -crotch prune branches which project beyond the symmetrical form of the canopy. 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 others. (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, 4