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HomeMy WebLinkAbout132503 ARBORWORKS 120528 FORT COLLINS TREE CARE - CONTRACT - BID - 5766 ANNUAL STREET TREE PRUNING ANNUALSERVICES AGREEMENT WORK ORDER TYPE THIS AGREEMENT made and entered into the day and year set forth below, by and between THE CITY OF FORT COLLINS, COLORADO, a Municipal Corporation, hereinafter referred to as the "City" and Arborworks Tree Care, Inc., hereinafter referred to as "Service Provider". WITNESSETH: In consideration of the mutual covenants and obligations herein expressed, it is agreed by and between the parties hereto as follows: 1. Services to be Performed. a. This Agreement shall constitute the basic agreement between the parties for services for Tree Pruning. The conditions set forth herein shall apply to all services performed by the Service Provider on behalf of the City and particularly described in Work Orders agreed upon in writing by the parties from time to time. Such Work Orders, a sample of which is attached hereto as Exhibit "A", consisting of one (1) page, and incorporated herein by this reference, shall include a description of the services to be performed, the location and time for performance, the amount of payment, any materials to be supplied by the City and any other special circumstances relating to the performance of services. No work order shall exceed $50,000. The only services authorized under this agreement are those which are performed after receipt of such Work Order, except in emergency circumstances where oral work requests may be issued. Oral requests for emergency actions will be confirmed by issuance of a written Work Order within two (2) working days. 1 WOSA 10/97 EXHIBIT D INSURANCE REQUIREMENTS 1. The Service Provider will provide, from insurance companies acceptable to the City, the insurance coverage designated hereinafter and pay all costs. Before commencing work under this bid, the Service Provider shall furnish the City with certificates of insurance showing the type, amount, class of operations covered, effective dates and date of expiration of policies, and containing substantially the following statement: "The insurance evidenced by this Certificate will not be cancelled or materially altered, except after ten (10) days written notice has been received by the City of Fort Collins." In case of the breach of any provision of the Insurance Requirements, the City, at its option, may take out and maintain, at the expense of the Service Provider, such insurance as the City may deem proper and may deduct the cost of such insurance from any monies which may be due or become due the Service Provider under this Agreement. The City, its officers, agents and employees shall be named as additional insureds on the Service Provider's general liability and automobile liability insurance policies for any claims arising out of work performed under this Agreement. 2. Insurance coverages shall be as follows: A. Workers' Compensation & Employer's Liability. The Service Provider shall maintain during the life of this Agreement for all of the Service Provider's employees engaged in work performed under this agreement: 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. r FEB, 21. 2wG 2:59A-C40MMUNITY FIRST INS�L� �NSU�ANC� N0. 399 P. 1IV, I1 02/21/2003 PRODUCER (970)223-09Z4 FAX (970)223-7438 Community First Insurance Agencies, Inc. ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER THIS CERTIFICATE DOES NOT AMEND, EXTEND OR 1075 W Horsetooth Rd, Ste 100 ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. Fort Collins, CO 80526 INSURERS AFFORDING COVERAGE --••-- ..r-uuvwurms I roam ulre, inc. INSURERA; CNA 1030 West Vine Drive INSURERS; Fort Collins, CO 80521 INSUPERa INSURER D: I INSURER E: 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 CONTRACTOR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAYBE 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. LTR TYPE OF INSURANCE POLICY NUMBER DATE (IKATIRON MM/DO rVUVTCT DATE MMArolYY) LIMBS A GENERAL LIABILITY X OOMMFRC(AL GENERAL LIABILITY CLAIMS MADE �X OCCUR B2OS4SI8209 10/13/2002 10/13/ 0003 EAcNoccuR;ENcE s 1.000,00 FIRE DAMAGE (Any one fir*) S 100,000 MED FJXP (Any one person) S lO, OO PERSONAL & ADV INJURY 6 1 OOO , OOO GENERAL AGGREGATE $ 20000.000 GENT AGGREGATE UNIT APPLIES PER: POLICY 7 JVT- LOC PRODUCTS - COMP/OP AGO S 2 00O 00 A AUTOMOBILE LIABILITY ANY AUTO ALL OWNED AUTOS SCHEDULED AUTOS HIRED AUTOS NON -OWNED AUTOS 82054518ZS7 10/13/2002 10/13/7003 COMBINED SINGLE LIMIT (es acddent) 6 500 r 0011) X BODILY INJURY (Per person) 6 X BODILY INJURY (Per accident) S X PROPERTYDAMAGE (Per awdent) S GARAGE LIABILITY ANY AUTO AUTO ONLY- EA ACCIDENT S OTHER THAN EA ACC AUTO ONLY: AGG $ 6 EXCESS LIABILITY OCCUR CLAIMS MADE DEDUCTIBLE RETENTION S EACH OCCURRENCE S AGGREGATE S S S $ WORKERS COMPENSATION AND NNIPLOYERS'LUXBILRY TORYLIMris ER E.L. EACH ACCIDENT b E.L. DISEASE• RA EMPLOYEE S E.L. DISEASE • POLICY LIMIT S A sed/Rented ffquipment 20S4518709 10/13/2002 10/13/2009 $50,000 limit / $500 Dedt D CRIPTI OP NSILOCATION$N MOLE CLUSIONSADDEDBYEN EM"PECIAL R SIONS CEKIR-11VA I C RVLNKK I I ADDITIONAL INSURED: INSURER LETTER: City of Fort Collins Forestry Dept 281 N. College P.O. Box 580 Fort Collins, CO 80522 W%N%wCL .^1IUN SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, THIN ISSUING COMPANY WILL ENDEAVOR TO MAIL _1 o DAYS wRi TTEN NOTICE TO THE cwmFICATE HOLDER NAMED To THE LEFT, BUT FAILURE TO MAIL SUCH NOTICE SHALL IMPOSE NO OBLIGATI OR LIABILITY OF ANY KIND UPON THE COMPANY, RS AGENTWR REPR9A , c 221- DATE (MWDDTYYVY) r A -co i c_a_ CERTIFICATE OF LIABILITY INSURANCE nre nco'YLFICAYF IS 133U D4ve;"si7 led Insurance Brokers of Utah 136 E. :outh Temple, Ste 2300 Salt Lals City UT 84111 Phone: 8 11-325-5000 Fax:801-532-2204 Il�bor Effective Tree & Shrub c o ProLaase West,Corporation 1 30 WestVine Drive Fort Collins CO 80521 ONLY AND CONFERS NO RIG HOLDER, THIS CERTIFICATE ALTER THE COVERAGE AFFI INSURERS AFFORDING COVERAGE INSUIUERA' Pinnacol Assura WSUIIER M INSUIIER C: INSURER O: PON THE CERTIFICATE NOT AMEND, EXTEND OR I BY THE POLICIES BELOW. �.. THE POLICII i OF INSURANCE LISTED BELOW NAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PE RIOD ANY REOUIF :MENT, TERM OR CONDITION DF ANY CONTRACT OR OTHER DOCUMENT WITH RESPEC TTO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTA- I, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALLTHE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. A GREGATE LIMBS SHOWN MAY WAVE BEEN REDUCED By PAID CLAIM POLICY NUMBER DATE hI 1DDIYY DATE ! A10—L'IM—UT-3� INSREP NCE EACH OCCURRENCE I s G! YERAL LIABILITY COMMERCIAL GENERAL LIABILITY CLAIMS MADE [3 OCCUR G NL AGGREGATE LIMIT APPLIES PER! POLICY JEOT LOC A TOMOBILE LIABILITY ANY AUTO ALL OWNED AUTOS SCHEDULED AUTOS HIRED AUTOS NON -OWNED AUTOS C ARAGE LIABILITY l ANY AUTO 1 (CESMMBRELLA LIABILITY OCCUR Fj CLAIMS MADE DEDUCTIBLE I I RETENTION S WORK RSCOMPENSATIONANO BMPLL MRF LIABILITY oFlc RIMEMBER EVTORPXCLUDED' E'EXEDU MED W (Any one person) $ PERSONAL d ADV INJURY $ GENERAL AGGREGATE $ PRODUCTS• COMWOP AGG 1 $ COMBINED SINGLE LIMIT I $ (Ea accident) NAIC # BODILY INJURY $ (Per Persw) BODILY INJURY $ (Per ercident) PROPERTY DAMAGE $ (per aeeldent) AUTO ONLY - EA ACCIDENT $ OTHERTHAN EA ACC $ AUTO ONLY' AGG $ EACH OCCURRENCE $ AGGREGATE $ I S s 4055907 05/01/02I 05/01/03 1 E.I.EACHACCIDENT $lUVUUUU PJ_=EASE-EAEMPLOYE $ 1000000 E.L. DISEASE -POLICY LIMIT 1 $ 1000000 DESCRIPTIC I OF OPERATIONS I LOCATIONS! vEK6LES I EXCLUSIONS ADDED BY ENDORSEMENT I SPECIAL PNUnmvna This F3licy Covers employees for this Customer that are handled by protease West CDrporation. 0.TE City of Fort Collins Forestry Department 281 N. college Ave. Fort Collins, CO 80524 CITE ORT f WOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATIO I.,ATE THEREOF, THE ISSUING INSURER WILL ENDEAVOR TO MAIL 30 DAYS WRITTEN ITDTICE To THE CERTIFICATE HOLDER NAMED TO THE LEFT, BUT FAILURE TO DO 90 SMALL IMPOSE NO OBLIGATION OR LIABILITY OF ANY KIND UPON THE INSURER, ITS AGENTS OR ACORD IniTn 1 hnn_37nn1An -A&I ULI.I kin 7InL1UAInC4JT /17TATON177AT(I nLI -Jn.nT Llnn nnrn 1.7 n7.i b. The City may, at any time during the term of a particular Work Order and without invalidating the Agreement, make changes within the general scope of the particular services assigned and the Service Provider agrees to perform such changed services. 2. Changes in the Work. The City reserves the right to independently bid any services rather than issuing work to the Service Provider pursuant to this Agreement. Nothing within this Agreement shall obligate the City to have any particular service performed by the Service Provider. 3. Time of Commencement and Completion of Services. The services to be performed pursuant to this Agreement shall be initiated as specified by each written Work Order or oral emergency service request. Oral emergency service requests will be acted upon without waiting for a written Work Order. Time is of the essence. 4. Contract Period. This Agreement shall commence upon signing and shall continue in full force and effect until April 1, 2004, 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 90 days prior to contract end. 5. Delay. If either party is prevented in whole or in part from performing its obligations by unforeseeable causes beyond its reasonable control and without is fault or negligence, then the party so prevented shall be excused from whatever performance is prevented by such cause. To the extent that the performance is actually prevented, the Service Provider must provide written notice to the City of such condition within fifteen (15) days from the onset of such condition. 2 WOSA 10/97 6. Early Termination by City/Notices. Notwithstanding the time periods contained herein, the City may terminate this Agreement at any time without cause by providing written notice of termination to the Service Provider. Such notice shall be mailed at least fifteen (15) days prior to the termination date contained in said notice unless otherwise agreed in writing by the parties. All notices provided under this Agreement shall be effective when mailed, postage prepaid and sent to the following address: City City of Fort Collins, Purchasing P.O. Box 580 Ft. Collins, CO 80522 Attn: John Stephen Service Provider Arborworks Tree Care Inc. 400 Hemlock St. Ft. Collins, CO 80524 In the event of early termination by the City, the Service Provider shall be paid for services rendered to the termination date, subject only to the satisfactory performance of the Service Provider's obligations under this Agreement. Such payment shall be the Service Provider's sole right and remedy for such termination. 7. Contract Sum. This is an open-end indefinite quantity Agreement with no fixed price. The actual amount of work to be performed will be stated on the individual Work Orders. The City makes no guarantee as to the number of Work Orders that may be issued or the actual amount of services which will in fact be requested. No Work Order of $50,000 or more shall be issued. 8. Payments. a. The City agrees to pay and the Service Provider agrees to accept as full payment for all work done and all materials furnished and for all costs and expenses incurred in performance of the work the sums set forth for the hourly labor rate and material costs, with markups, stated within the Bid Schedule Proposal Form, attached hereto as Exhibit "B", consisting of one (1) page, and incorporated herein by this reference. 3 WOSA 10/97 b. Payment shall be made by the City only upon acceptance of the work by the City and upon the Service Provider furnishing satisfactory evidence of payment of all wages, taxes, supplies and materials, and other costs incurred in connection with the performance of such work. 9. City Representative. The City's representative will be shown on the specific Work Order and shall make, within the scope of his or her authority, all necessary and proper decisions with reference to the work requested. All requests concerning this Agreement shall be directed to the City Representative. 10. Independent Contractor. It is agreed that in the performance of any services hereunder, the Service Provider is an independent contractor responsible to the City only as to the results to be obtained in the particular work assignment and to the extend that the work shall be done in accordance with the terms, plans and specifications furnished by the City. 11. Personal Services. It is understood that the City enters into the Agreement based on the special abilities of the Service Provider and that this Agreement shall be considered as an agreement for personal services. Accordingly, the Service Provider shall neither assign any responsibilities nor delegate any duties arising under the Agreement without the prior written consent of the city. 12. Acceptance Not Waiver. The City's approval or acceptance of, or payment for any of the services shall not be construed to operate as a waiver of any rights under the Agreement or of any cause of action arising out of the performance of this Agreement. 13. 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 4 WOSA 10/97 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. 14. 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. 15. Remedies. In the event a party has been declared in default, such defaulting party shall be allowed a period of ten (10) days within which to cure said default. In the event the default remains uncorrected, the party declaring default may elect to (a) terminate the Agreement and seek damages; (b) treat the Agreement as continuing and require specific performance; or (c) avail himself of any other remedy at law or equity. If the non -defaulting party commences legal or equitable actions against the defaulting party, the defaulting party shall be liable to the non -defaulting party for the non -defaulting party's reasonable attorney fees and costs incurred because of the default. 16. Binding Effect. This writing, together with the exhibits hereto, constitutes the entire agreement between the parties and shall be binding upon said parties, their officers, employees, agents and assigns and shall inure to the benefit of the respective survivors, heirs, personal representative, successors and assigns of said parties. 17. 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, 5 WOSA 10/97 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 "D", 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, 250 N. Mason, Fort Collins, Colorado 80524 one copy of a certificate evidencing the insurance coverage required from an insurance company acceptable to the city. 18. 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. 19. Law/Severability. This Agreement shall be governed in all respect by the laws of the State of Colorado. In the event any provision of this Agreement shall be held invalid or unenforceable by any court of competent jurisdiction such holding shall not invalidate or render unenforceable any other provision of this Agreement. 6 WOSA 10/97 jmescB O'Neill II,CPPO,FNIGPDifPurhasing and Risk Management Date: t ! `F Z 0-,-2, Arborworks Tr are Inc By: PRINT NAME 7 EXHIBIT "A" WORK ORDER FORM PURSUANT TO AN AGREEMENT BETWEEN THE CITY OF FORT COLLINS AND I.y_Araa Work Order Number: Purchase Order Number: Project Title: Commencement Date: Completion Date: Maximum Fee: (time and reimbursable direct costs): Project Scope of Services: Service Provider agrees to perform the services identified above and on the attached forms in accordance with the terms and conditions contained herein and in the Services Agreement between the parties. In the event of a conflict between or ambiguity in the terms of the Services Agreement and this work order (including the attached forms) the Services Agreement shall control. Service Provider By: Date: Acceptance User Description: The attached forms consisting of (_) pages are hereby accepted and incorporated herein by this reference, and Notice to Proceed is hereby given. City of Fort Collins By: Date: 91 EXHIBIT B BID #5766 BID SCHEDULE This bid may be awarded to multiple contractors based on low responsive, responsible bid per 4 person pruning crew. Normal Hourly Rate for (4) person pruning crew with equipment = $ 27 Price per hour for each additional: Pruner = $ V 85 Ground Worker =$ 35' � �°� Weekend Hourly Rate for (4) person pruning crew with equipment = $ 2-7-5" 2D Price per hour for each additional: Pruner = $ 50 Ground Worker = A four (4) person pru g crew would include 2 to 8 persons pruning, either climbing or using a bucket truck, with 1 to 2 persons acting as the ground crew to handle brush based on need. Any contractor desiring to provide extra workers, in excess of the four person crew, must receive authorization from City Forestry prior to the start date. FIRM NAMEVig-i 1rU�, � a J�WvC4 Are u orpo do rtnership, DBA, LLC, or PC SIGNATURE 'I �I 11 ADDRESS 909 AeoAMA6n S �- PHONE/FAX