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HomeMy WebLinkAbout120528 FORT COLLINS TREE CARE - CONTRACT - BID - 5650 CLEARANCE PRUNING AND ROOT GRINDINGSERVICES 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 Fort Collins 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 Clearance Pruning and Root Grinding. 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 workorder 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. 4/2001 EXHIBIT C INSURANCE REQUIREMENTS 1. The Service Provider will provide, from insurance companies acceptable to the City, the insurance coverage designated hereinafter and pay all costs. Before commencing work under this bid, the Service Provider shall furnish the City with certificates of insurance showing the type, amount, class of operations covered, effective dates and date of expiration of policies, and containing substantially the following statement: "The insurance evidenced by this Certificate will not be cancelled or materially altered, except after ten (10) days written notice has been received by the City of Fort Collins." In case of the breach of any provision of the Insurance Requirements, the City, at its option, may take out and maintain, at the expense of the Service Provider, such insurance as the City may deem proper and may deduct the cost of such insurance from any monies which may be due or become due the Service Provider under this Agreement. The City, its officers, agents and employees shall be named as additional insureds on the Service Provider's general liability and automobile liability insurance policies for any claims arising out of work performed under this Agreement. 2. Insurance coverages shall be as follows: A. Workers' Compensation & Employer's Liability. The Service Provider shall maintain during the life of this Agreement for all of the Service Provider's employees engaged in work performed under this agreement: 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. 4/2001 EXHIBIT D 1. Scope of Work 1.1 This bid will be for various job sites, as required by City Departments, and should not be construed as one site. Each job site will be based on isolated locations, which are separated by more than one city block. Needed services during the contract period will be requested through issuance of work orders. No work order exceeding $50,000 shall be issued. 1.2 The Contractor must provide all labor, materials, and equipment, including traffic control and barricading to accomplish the work in accordance with these specifications. 1.3 Contractor must maintain a local telephone number, and must be able to be reached by telephone and facsimile transmissions during prescribed business hours (8 hours per each 24-hour working period — Monday through Friday). Contractor will respond to all non -emergency telephone transmissions within 24 hours on the next business day. 1.4 Contractor shall clean up the job site at the end of each day and at work completion. 1.5 Contractor shall obtain any needed permits to perform the work. 1.6 Contractor shall provide proof of personnel qualifications, to include but not limited to: copies of licenses, school certificates, letters of reference, etc. 1.7 Contractor shall provide evidence of having adequate and sufficient equipment to perform quality services. 2. Contractor Qualifications 2.1 Contractor must have a current, valid Arborist license issued by the City of Fort Collins Forestry Division, 2.2 Contractor must have a current, valid Right of Way License issued by the City of Fort Collins Engineering Department, and shall comply with all applicable Federal, State and Local Laws and regulations for the duration of the contract. 2.3 Contractor must be recognized by the International Society of Arboriculture as a Certified Arborist. 2.4 Contractor must have at least three (3) years of experience as an arborist. A field -pruning test may be given by City Forestry to validate that the quality of work meets acceptable standards. 2.5 Contractors must have a stump grinder and must be able to respond on the same day as the work is requested. 1 2.6 Contractors must have access to a safe hydraulic lift truck (bucket truck) and an efficient means of handling brush and debris. 2.7 References must be provided to City Forestry upon request. 2.8 Work must be performed by the contractor's payroll employees under the contractor's immediate supervision. 3. Pruning of Trees 3.1 No tree shall be cut in such a manner that it's health or eventual safety will be impaired, except in the process of tree removal of emergency relief of an 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. 3.2 When tree -trimming cuts are made to a side limb, such remaining limb must possess a basal thickness of at least 1/3 of the diameter of the wound so affected. 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 so affected within a reasonable period of time. 3.3 All final tree -trimming cuts shall be made in such a manner as to favor the earliest possible covering of the wound by natural callous growth. Excessively deep flush cuts, which produce large wounds or weaken the tree at the cut, shall not be made. All final cuts should be flush with natural branch collar. 3.4 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. 3.5 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 adjacent thereto. 3.6 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. 3.7 Any cutting of tree roots, other than when in the process of tree removal shall be given due consideration to determine the effects on the future welfare and safety of the tree. Proper action shall be taken to treat resulting wounds to minimize entry of decay organisms. 3.8 Trees will be pruned so that branches will be no less than fourteen (14) feet above the surface of any street and no less than eight (8) feet above the surface of any public sidewalk. At the discretion of the City's Forestry and Department Representatives, these minimums may be raised on a case by case basis to accommodate equipment clearance needs. 2 3.9 Three (3) person crew for clearance pruning shall include 1 person pruning and 2 people handling brush and acting as ground personnel with appropriate equipment. The hourly rate shall include all brush disposal and clean up of each work site. 4. Root Grinding 4.1 Root grinding will consist of removing the minimum amount of root surface area to obtain necessary space for the installation, replacement or repair of hardscape features which will include, but is not limited to, sidewalks, streets and trail surfaces. 4.2 A stump grinder of appropriate size will be used to grind roots to allow for installation, repair or replacement of the City's hardscape infrastructure (i.e. sidewalks, streets, trails etc.). 4.3 The stump grinder must be in good repair with sharp cutting teeth to provide a clean, smooth root surface after grinding is completed. 4.4 Root grinding will not occur unless prescribed by the City Department Representative and the Forestry Representative. 5. Standards for Workmanship 5.1 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. 5.2 All such work shall be conducted in a manner as to cause the least possible interference with or annoyance to others. 5.3 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. 5.4 A qualified supervisor shall be present at all times when work is being performed except that s/he may be absent for short periods during the day when necessary because of emergencies or other urgent matters. 5.5 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. 5.6 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. 5.7 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. 3 i 5.8 Adequate barricades and warning devices shall be placed and flaggers shall be stationed as necessary for the safety of persons and vehicles. 5.9 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. Compliance with all requested precautions by any such authority is required. 5.10 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. 5.11 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. 5.12 Qualified street and sidewalk warning devices shall be in position as required at all times while work on this job is being performed. 5.13 The contractor is responsible for providing all necessary traffic control to assure the safety of motorists, pedestrians, and bicyclists. All traffic control, work zone protection, and/or parking control and permits shall be the responsibility of the Contractor, and provided in accordance with the latest revision of the "Manual of Uniform Traffic Control Devices for Streets and Highways," (MUTCD), the City of Fort Collins "Work Area Traffic Control Handbook," and the attached Revisions of Sections 104 and 614, Traffic and Parking Control, and Traffic Control Devices respectively. 5.14 Sidewalks must be properly barricaded to protect pedestrians during actual removal operations. 5.15 Clearance pruning and root grinding work may be performed within the limits of an existing traffic control set-up for a separate City project, provided the existing set-up sufficiently provides for the needs of the pruning or grinding operation. This scenario must be approved by, and coordinated with, the City's Department Representative and/or City Traffic Operations. 6. Other Requirements 6.1 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. 6.2 The contractor is expected to fully cooperate and coordinate all work activities with the Forestry and Department Representatives. Failure to do so shall be grounds for termination of this contract. 6.3 City Forestry and project staff will assist all bidders in locating trees or shrubs on job sites. In some cases it may be necessary to perform the work within 24 2 hours, or less, of notification. Every effort will be made to give at least one -week notice for any pruning or grinding work requested. 6.4 If the low, responsive, responsible bidder cannot meet these performance specifications, the City has the right to offer the project to the next lowest responsive, responsible bidder according to prices listed from their submitted bid schedule. Exceptions to this policy will be made for inclement weather preventing a timely response by the Contractor (a one -day extension for each day of bad weather will be given), or a previous understanding between the Contractor and the City's Department Representative allowing more flexibility with regard to the individual project. It will be the Contractor's responsibility to make these arrangements with the City's Representative. 6.5 It shall be the Contractor's responsibility to notify the City Department Representative at least twenty-four (24) hours prior to commencement of the work. 7. Work Order Procedure: 7.1 All job estimates must be submitted on a unit price basis consistent with the prices established in the Bid Schedule section. 7.2 Contractor will invoice for all jobs completed on a unit price basis with the prices established in the Bid Schedule section. 7.3 Work order number, if work is over $2000, must be included on the billing invoices. 7.4 The Contractor may be required by the City Department Representative to submit for review a breakdown of hours worked per man/day on any project or item of work requested. 8. Method of Award: 8.1 Award of this bid will be made in the best interest of the City. Evaluations will be based upon the Contractor meeting the requirements of the Service Agreement, and using the estimated quantities given, multiplied by the unit price. 8.2 Prices bid shall be based upon Project Specifications and shall be each Bidder's responsibility to familiarize themselves with the complexities involved for each type before entering a bid. Payment will be processed by City Departments upon the presentation of invoicing. 5 REVISION OF SECTION 104 TRAFFIC AND PARKING CONTROL Section 104 of the Standard Specifications is hereby revised as follows: Subsection 104.04 shall include the following. It shall be the Contractor's responsibility to clear parking from the streets when such parking will interfere with the work. Prior to work that requires the street(s), or portion thereof, to be closed to parking and/or traffic, the street(s) shall be posted for "NO PARKING'. The placement of these signs shall take place at least 24 hours prior to the commencement of work and shall clearly show the day, date and times that the message on the sign is in effect. (For example, if a street is to be patched on Wednesday, July 2, the street shall be posted no later than Tuesday, July 1, by 7:00 a.m. with a sign that reads similar to "NO PARKING, WEDNESDAY, JULY 2, 7:00 A.M. TO 6:00 P.M., PATCHING.) "NO PARKING' signs shall remain in place until the street is opened to traffic and all clean up operations completed. All information on the "NO PARKING' signs, with the exception of the date, shall be in block letters permanently affixed to the sign. Any information added to a sign, such as dates, shall be clearly legible and written in block style letters. The "NO PARKING' signs shall be in effect for one or two days only, prior to construction. Any work done by the Contractor without traffic control will not be paid for under the terms of this Contract. The Contractor will not be paid for traffic control costs incurred during Contractor caused delays. At or near the end of each work day, a representative of the Contractor, the Traffic Control Supervisor, and the City Representative will meet to discuss the progress of the work and the placement of traffic control devices including "NO PARKING' signs. Any necessary adjustments shall be made. The Contractor shall also review at this time with the City Representative the proposed means of handling parking and traffic control for upcoming work. It is the responsibility of the Contractor to minimize any inconvenience to the public as a result of this work. At the above referenced meeting, the quantity of traffic control devices used that day shall be agreed upon by the Contractor and the City Representative. The Contractor shall utilize forms approved by the City for the tabulation of Traffic Control Devices utilized. The Contractor shall maintain access at all times to all businesses within the project. Any changes in the traffic control, including additional signs, barricades, and/or flaggers needed in the field shall be immediately implemented as directed by the City Representative. The cost for traffic control is covered in 'Revision of Section 614, Traffic Control Devices" found herein. m REVISION OF SECTION 614 TRAFFIC CONTROL DEVICES Subsection 614.15 shall be revised as follows: This work shall consist of furnishing, installing, moving, maintaining and removing temporary traffic signs, advance warning arrows panels, barricades, channeling devices, and delineators as required by the latest revisions of the "Manual on Uniform Traffic Control Devices for Streets and Highways" (MUTCD), the City of Fort Collins' "Work Area Traffic Control Handbook", and the Larimer County Urban Area Street Standards, Appendix F, "Fort Collins Traffic Operations Manual," January 2001. In the event of a conflict between the MUTCD criteria and the City's criteria, the City's criteria shall govern. When a device is not in use, the Contractor shall remove it from the project for the period it is not needed. Devices temporarily not in use shall, as a minimum, be removed from the area. Moving will include devices removed from the project and later returned to use. Payment shall be made for the maximum number of each type of traffic control device being used at one given time per day. Traffic control devices shall be placed and/or stored in the City right-of-way in such a manner that minimizes the hazards to pedestrians, bicyclists and vehicles. Traffic control devices shall be removed from the site immediately upon completion of the work. Subsection 614.16 shall include the following: All traffic control devices placed for this project must meet or exceed the minimum standards set forth in the MUTCD. All traffic control devices shall be clean and in good operating condition when delivered and shall be maintained in that manner on a daily basis. All traffic control devices shall be clearly marked and free of crossed out information or any other form of defacement that detracts from the purpose for which they are intended (i.e. crossed out information, information written in long -hand style, etc.) Additionally, any sign blank with sign faces on both sides must have the back sign face covered when in use to avoid confusion to motorists traveling in the opposite direction and other potentially affected parties, such as residents affected by any information the sign may present. , Subsection 614.20 shall be revised as follows: Traffic control through the construction areas is the responsibility of the Contractor. For all locations, a Traffic Control Plan shall be prepared. The Traffic Control Plans shall be on City supplied forms. The Traffic Control Plans shall be submitted for approval to City Traffic Operations by 12:00 noon, two working days prior to the commencement of work. (Note: Traffic Control Plans for work done on Monday and Tuesday shall be submitted the previous Friday by 9:00 a.m.) All plans shall be delivered to City Traffic 7 REVISION OF SECTION 614 TRAFFIC CONTROL DEVICES Operations, 625 Ninth Street. Facsimiles of plans shall not be allowed. No phase of the construction shall start until the Traffic Control Plan has been approved. Failure to have an approved Traffic Control Plan shall constitute cause for the City to stop work, as well as the Contractor's forfeiture of payment for all work and materials at that location, with no adjustment in the contract time. The cost for time spent preparing and submitting the Traffic Control Plan will not be measured or paid for separately, but shall be considered incidental to the work. The Traffic Control Plan shall include, as a minimum, the following: (1) A detailed diagram, which shows the location of all sign placements, including advance construction signs (if not previously approved), and speed limit signs; method, length and time duration for lane closures, and location of flag persons. (2) A tabulation of all traffic control devices shown on the detailed diagram including, but not limited to: construction signs; vertical panel; vertical panel with light; Type I, Type II, and Type III barricades; cones; drum channeling devices; advance warning flashing or sequencing arrow panel. Certain traffic control devices may be used for more than one operation or phase. However, all devices required for any particular phase must be detailed and tabulated for each phase. (3) Number of flaggers to be used. (4) Parking Restrictions to be in affect Approval of the proposed method of handling traffic is intended to indicate those devices for which payment is to be made. Such approval does not relieve the Contractor of liability specifically assigned to him under this contract. Parking Restriction Plans shall be submitted and approved which show the location and quantity of "NO PARKING" signs, the date to be placed, and the date to be removed. The plans shall be prepared on City supplied forms. The Parking Restriction Plans shall be submitted to City Traffic Operations by 12:00 noon, two working days prior to the commencement of work. (Note: Parking Restriction Plans for work done on Monday and Tuesday shall be submitted the previous Friday by 9:00 a.m.) All plans shall be delivered to City Traffic Operations, 625 Ninth Street. Facsimiles of plans shall not be allowed. No phase of the construction shall start until the Parking Restriction Plan has been approved. Failure to have an approved Parking Restriction Plan shall constitute cause for the City to stop work, as well as the Contractor's forfeiture of payment for all work and materials at that location, with no adjustment in the contract time. The cost for time spent preparing and submitting the Parking Restriction Plan will not be measured or paid for separately, but shall be considered incidental to the work. Subsection 614.21 shall be revised as follows: Traffic Control Management shall be performed by a Traffic Control Supervisor JCS). The TCS(s) shall possess a current American Traffic Safety Services Association (ATSSA) certification as a Worksite Traffic Control Supervisor or Colorado Contractor's 8 REVISION OF SECTION 614 TRAFFIC CONTROL DEVICES Association (CCA) certification as a Traffic Control Supervisor. (Proof of certification shall be presented to the City Traffic Control Manager, and when requested by a City representative, for each TCS utilized on this project.) The TCS shall have a minimum of one year experience as a certified TCS. The TCS shall be equipped with a cellular phone. The cost of this phone shall be incidental to the day or hour pay unit for TCS. The TCS's duties shall include, but not be limited to: (1) Preparing, revising and submitting Traffic Control Plans as required. (2) Direct supervision of project flaggers. (3) Coordinating all traffic control related operations, including those of the Subcontractors and suppliers. (4) Coordinating project activities with appropriate police and fire control agencies, Transfort, school districts and other affected agencies and parties prior to construction. Typed, hand delivered notification to all businesses and residents at least 24 hours prior to construction. (The notification of residents and businesses may be accomplished by a representative of the TCS.) (5) Maintaining a project traffic control diary which shall become part of the City's project records. (6) Inspecting traffic control devices on every calendar day for the duration of the project. (7) Insuring that traffic control devices are functioning as required. (8) Overseeing all requirements covered by the plans and specifications, which contribute to the convenience, safety and orderly movement of traffic. (9) Flagging. (10) Setting up traffic control devices. Notification of residents and businesses shall be the responsibility of the TCS, and shall consist of distributing letters indicating the nature of the work to be completed, any special instructions to the residents (i.e. limits on lawn watering during concrete pouring, etc.), the dates and times of the work, and the parking and access restrictions that will apply, as well as thorough information placed on "NO PARKING" signs. Sample letters may be provided by the City Representative, and shall be distributed prior to the commencement of each phase of the work. Approved letters shall be distributed a minimum of 24 hours prior to the commencement of work. (Note: The time frame criteria for distributing letters is the same as for posting "NO PARKING" signs.) The 9 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 January 1, 2002, and shall continue in full force and effect until December 31, 200�, 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. 4/2001 REVISION OF SECTION 614 TRAFFIC CONTROL DEVICES cost for preparing and distributing the letters shall be included in the cost for TCS. Traffic control management shall be maintained on a 24-hour per day basis. The Contractor shall make arrangements so that the Traffic Control Supervisor or his approved representative will be available on every working day, "on call" at all times and available upon the City's request at other than normal working hours. The TCS's will be paid only for days the Contractor works and as directed by the Engineer. On weekends and other days the Contractor is not working, the TCS will not be paid. Time spent maintaining signs on the weekends, holidays, bad weather days, and other days the Contractor does not work shall be included in the unit prices for the equipment. Time spent setting up equipment, modifying equipment, and maintaining equipment shall be included in the unit prices for the equipment. All traffic control devices shall be placed under the supervision of a Traffic Control Supervisor. Time spent preparing the Traffic Control Plan shall be paid for at the hourly unit price for TCS, with a maximum of one hour per plan. The Traffic Control Supervisor shall have up to date copies of the City of Fort Collins' "Work Area Traffic Control Handbook", and Part VI of the MUTCD, pertaining to traffic controls for street and highway construction, available at all times. Subsection 614.23 shall be revised as follows: Quantities to be measured for construction traffic control devices shall be the number of units of the various sizes and descriptions listed below: Construction Traffic Signs: Size A Signs - 0.01 to 9.00 Square Feet Size B Signs - 9.01 to 16.00 Square Feet "NO PARKING" Sign with Stand will be measured and paid for separately and not included in the item for Size A Signs. "NO PARKING" Sign with Stand shall consist of a metal sign attached to a device (stand) such as a Vertical Panel or Type I Barricade. The City Representative shall approve the sign material and stand prior to placement. The sign material and stand will not be measured and paid for separately but shall be included in the Contract Unit Price for "NO PARKING" Sign with Stand. The cost for "NO PARKING" Sign with Stand shall include delivery, rental, setup, modification, maintenance, and pickup. "NO PARKING" signs must remain in place until the street is open to traffic. The "NO PARKING" signs shall be in effect for one or two days only prior to construction. 10 REVISION OF SECTION 614 TRAFFIC CONTROL DEVICES Traffic channeling devices consisting of vertical panel, cones, or drum channeling devices will be measured by the unit. Barricade warning lights shall be measured and paid for separately if approved by the Engineer. Advance Warning Flashing or Sequencing Arrow Panels will be measured by the unit. The number of Traffic Control Supervisors shall be approved by the Engineer prior to each day's work. The quantity to be measured for Traffic Control Supervisor will be the number of authorized days performed by the Traffic Control Supervisor. An authorized day shall be any day, or portion of a day, authorized by the City Representative, that construction operation would require a Traffic Control Supervisor. "On Call" and project inspections on all other days will not be measured and paid for separately but shall be included in the work. The cost for setting up equipment, modifying equipment, and maintaining equipment (not including "NO PARKING" Sign with Stand) during authorized days shall be included in the Contract Unit Price for Traffic Control Supervisor per day. If a TCS(s) is used for an authorized day, but not for the entire day, the TCS shall be paid at the Contract Unit Price for "Traffic Control Supervisor" at the per hour rate. The Per Day TCS item is based on a minimum 10-hour day. The quantity to be measured for flagging will be the total number of hours that flagging is actually used as authorized. Hours of flagging in excess of those authorized shall be at the Contractor's expense. Flagger breaks shall be included in the Contract Unit Price for Flagging. The method for covering flagger breaks shall be approved by the Engineer. Flagging outside of the construction work hours will not be paid for under the terms of this contract unless authorized in writing by the Engineer. Flagger stand-by time will not be paid for under the terms of this contract. In locations where traffic control is set up and the work is not performed due to Contractor caused delays, the traffic control shall not be paid for under the terms of this contract. The costs for advance warning "NO PARKING" signs for periods in excess of 24 hours prior to the advancement of work, including those instances when said signs have been changed or otherwise updated to reflect current schedules, will not be paid for under the terms of this contract unless authorized by the City Representative in writing. In addition, the Owner shall deduct from compensation due the Contractor $10.00 for each traffic control device per day for said conditions, including "NO PARKING" signs and any signs which are not removed from the site immediately upon completion of the work. Subsection 614.24 shall be revised as follows: The cost for Traffic Control Devices, not including "NO PARKING" Sign with Stand, shall include delivery, rental, and pickup. The cost for setting up equipment, modifying 11 REVISION OF SECTION 614 TRAFFIC CONTROL DEVICES equipment, and maintaining equipment will be paid for under the Contract Unit Price for TCS as described above. The cost for "NO PARKING' Sign with Stand shall include delivery, rental, setup, modification, maintenance, and pickup. Payment shall be full compensation for furnishing, erecting, maintaining, moving, removing and disposing of construction traffic control devices necessary to complete the work. All construction traffic control devices, which are not permanently incorporated into the project, will remain the property of the Contractor. The accepted quantities will be paid for at the contract unit price for each of the pay items listed below: Pay Item Unit "NO PARKING" Sign with Stand Per Day Per Each Vertical Panel without Light Per Day Per Each Type I Barricade without Light Per Day Per Each Type III Barricade without Light Per Day Per Each Size A Sign with Stand Per Day Per Each Size B Sign with Stand Per Day Per Each Cone With Reflective Strip Per Day Per Each Advance Warning Flashing or Sequencing Arrow Panel Per Unit Per Day Traffic Control Supervisor Per Day Traffic Control Supervisor Per Hour Flagging Per Hour Flagger hand signs will not be measured and paid for separately, but shall be included in the work. The flaggers shall be provided with electronic communication devices when required. These devices will not be measured and paid for separately, but shall be included in the work. 12 REVISION OF SECTION 614 TRAFFIC CONTROL DEVICES The cost of batteries, electricity and/or fuel for all lighting or warning devices will not be paid for separately but will be considered subsidiary to the item. Sandbags will not be measured and paid for separately, but shall be included in the work. The Contractor may provide larger construction traffic signs than those typically used in accordance with the MUTCD, if approved; however, payment will be made for the typical panel size. The City shall not be responsible for any losses or damage due to theft or vandalism. SPECIAL CONDITIONS FOR WORK ON ARTERIALS AND COLLECTORS CROSS STREET TRAFFIC SHALL BE MAINTAINED AT ALL TIMES UNLESS AUTHORIZED BY THE ENGINEER IN WRITING. FULL CLOSURES ON ARTERIALS AND COLLECTORS, INCLUDING THOSE LISTED ABOVE, WILL BE ALLOWED UNDER EXTREME CIRCUMSTANCES AND ONLY UPON APPROVAL OF THE ENGINEER. PLANS SHALL BE APPROVED A MINIMUM OF ONE WEEK PRIOR TO THE COMMENCEMENT OF WORK AND/OR THE TIME REQUIRED TO ADEQUATELY NOTIFY THE PUBLIC THROUGH THE MEDIA. SPECIAL CONDITIONS FOR WORK ON RESIDENTIAL STREETS FULL CLOSURES ON ALL RESIDENTIAL STREETS SHALL BE ALLOWED AS SHOWN ON THE TRAFFIC CONTROL PLANS. 13 A -q v_ CERTIFICA" . OF LIABILITY INSUP 1NC�AI DATE(MMO Rol /Ol PRODUCER THIS CERTIFICATE IS ISSUED AS AMATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE ALBIEZ INIUBAHCE AGENCY HOLDER. THIS CERTIFICATE DOES NOT AMEND, EXTEND OR 900 ROUTE 9 NORTH SUITE 503 ALTER THE COVERAGE AFFORDEDBYTHE POLICIES BELOW WOODBRIDGE NJ 07095 INSURERS AFFORDING COVERAGE Phone:732-634-8400 Fax:732-634-5379 BISUREp INSURER A: Specialty National INSURER B: Fort Collins Tree Care, Inc. INSURER C-. Richard McCulloch 1460 Freedom Lan INSURER D: Fort Collins CO 90526 INSURERS THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERK-WDICATED. NOTWFFHSTANOING ANY REQUSIEMEN , TERMOR CONDITION GF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAYBE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BYTHE 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. L� TYPE of INSURANCE POLICY NUMBER Rr OATS MMIDD DATE MMIDDIYY LIMITS A GENERAL LMOILITY X COMMERCIAL GENERAL LIABILITY CLAIMS MADE [*] OCCUR X Blantiet Addl Inad 3XZ138439-00 07/24/01 07/24/02 EACH OCCURRENCE i 1 OQO ODO FIRE DAMAGE (Any one fire) s100,DOfl MED EXP (Any one person) $ 5 000 PERSONAL S ADV INJURY $1 000,000 GENERAL AGGREGATE $2 400,000 PRODUCTS -COMPIOP AGG s2.000.000 GEN,L AGGREGATE LIMIT APPLIES PER - POLICY jE O- LOC A AUTOMOBILE. LIABILITY ANY AUTO ALL OWNED AUTOS SCHEOULEDAU OS HIRED AUTOS NON -OWNED AUTOS 3XZ13-8439-00 07/24/01 07/24/02 CO MRINFD.SINGLEU MIT (En aoadenl) s300,000 BODILY INJURY (Per person) $ X BODILY INJURY (Per SwAderd) $ X X PROPERTY DAMAGE (Per ac ders) $ GARAGE LIABILITY ANY AUTO AUTO ONLY - EA ACCIDENT S OTHER THAN EAACC AUTO ONLY: AGG t $. EXCESS LIABILITY OCCUR CLAIMS MADE DEDUCTIBLE RETENTION $ EACH OCCURRENCE $ AGGREGATE $ $ $ S WORKERS COMPENSATION AND EMPLOYERS LIABILITY - I TOR& LIMITS ER E.L EACH ACCIDENT - $ E.L. DISEASE - EA EMPLOYE $ E-L- DISEASE - POLICY LIMIT $ A OTHER Equipment Floater 3XZ138439-00 07/24101 07/24/02 DESCRIPTION OF OPERAAONSILOCATIONS/YEHICLESIFXCLUSKM.ADDED BY ENDORSEMENTISPECIAL PROVISIONS CERTIFICATE HOLDER N I ADDITIONAL INSURED: INSURER LETTER: _ I AINI:CLI.A I P.m SAMPLE2 SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPMRAIK DATE. THEREOF, THE ISSUING INSURERWILL ENDEAVOR TO MAR 00 DAYSWRITTEN SAMPLE CERTIFICATE OF INS. NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE LEFT, BUT FAILURE TO DO SO SHALI TO VERIFT THAT COVERAGE IS IN IMPOSE NO OBLIGATION OR LIABILITY OF ANY KIND UPDN THE INSURER ITS AGENTS OR FORCE. FEEL FREE TO CONTACT 800-272-6771 REPRESENTATIVES. 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 Fort Collins Tree Care, Inc. 1460 Freedom Lane Ft. Collins, CO 80526 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. 4/2001 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 4/2001 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, 4/2001 suits, claims, demands or liability of any character whatsoever, brought or asserted for injuries to or death of any person or persons, or damages to property arising out of, result from or occurring in connection with the performance of any service hereunder. b. The Service Provider shall take all necessary precautions in performing the work hereunder to prevent injury to persons and property. c. Without limiting any of the Service Provider's obligations hereunder, the Service Provider shall provide and maintain insurance coverage naming the City as an additional insured under this Agreement of the type and with the limits specified within Exhibit "C", consisting of one (1) page, attached hereto and incorporated herein by this reference. The Service Provider before commencing services hereunder, shall deliver to the City's Director of Purchasing and Risk Management, P. O. Box 580, Fort Collins, Colorado 80522 one copy of a certificate evidencing the insurance coverage required from an insurance company acceptable to the city. 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. 20. Special Provisions. Special provisions or conditions relating to the services to be performed pursuant to this Agreement are set forth in Exhibit D (Contractor Qualifications), consisting of thirteen (13) pages, attached hereto and incorporated herein by this reference. 4/2001 CITY OF FORT COLLINS, COLORADO a municipal corporation co John. Fischbach City Manager % By: Jam014eill II, CPPO, FNIGP Direurchasing and Management Date: jRisk C7 ! / U � / Z A T ' City Clerk APPROV6 TIT FORM: Assistan Cit torney ATTEST: 02, /YIr. (' 4Q/rrz6 CORPORATE SECRETARY 4/2001 Fort Collins Tree Care, Inc. By: �ff't'z j RINT NAME PS i DE7v CORPORATE PRESIDENT OR VICE PRESIDENT Date: D 1' d 2 -d I (Corporate Seal) EXHIBIT "A" WORK ORDER FORM PURSUANT TO AN AGREEMENT BETWEEN THE CITY OF FORT COLLINS AND DATED: Work Order Number: Purchase Order Number: Project Title: Commencement Date: Completion Date: Maximum Fee: (time and reimbursable direct costs): Project Description: Scope of Services: Service Provider agrees to perform the services identified above and on the attached forms in accordance with the terms and conditions contained herein and in the Services Agreement between the parties. In the event of a conflict between or ambiguity in the terms of the Services Agreement and this work order (including the attached forms) the Services Agreement shall control. Service Provider 4/2001 Acceptance User CC: Purchasing The attached forms consisting of (J pages are hereby accepted and incorporated herein by this reference, and Notice to Proceed is hereby given. City of Fort Collins By: Date: Director of Purchasing and Risk Management Over $30,000 EXHIBIT B Bid Schedule hem #escci lia Pdce Liar krr ted Esti Amt. _3-P.erson Clea anroPluning.Crew ps Jieur -90 $ g400�'= ' i2oat Grinding $ A-iour 25 $ Z �, "No Parking" Sign w/ Stand $ 1,44 Day/Each 200 $ L CL Vertical Panel w/o Light $ S4 Day/Each 50 $ Z 5© Typal Barricade w/o Light $ .5q D y ach 100 $ 51 OCR Type -NJ Bari�tight $1 Day/Each - 40 $ %„ O -Size-A Signw/ Stand $ -Day/Each -1100 $ 1 44-00 Size B Sign w/ Stand $ Day/Each 10 $ Came w/ ReflecWe Strip $ 51 Dayfach 250 $ Advance Warming-F74ashing-or $ Unit/Day 5 $ Sequencing #Arrow-P-aael L 4 Traffic-Controt-Supervisor $2 -Day _b S� Traffic Control Supervisor $ d Hour 35 Flagging c c -Hour - 50 $ a TOTAL COST $ ia4a 11 Dollars,and 1 © Cents. FIRM NAME 4�_ Cl V\ S l r� _ Corporation Partnership ___DBA SIGNATURE LLC __PC ADDRESSu _LqLap IZ M Q v✓, c in _E �_(1sr\S_t_C—z 6 — -- PHONE/FAX '_10q(N -" 3OK`l 4