Loading...
HomeMy WebLinkAbout276712 FINE TREE SERVICE - CONTRACT - BID - 5936 COTTONWOOD TREE PRUNING AND REMOVALSERVICES 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 Fine Tree Service, 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. Scope of Services. The Service Provider agrees to provide services in accordance with the scope of services attached hereto as Exhibit 'W', consisting of five (5) pages, and incorporated herein by this reference. 2. Time of Commencement and Completion of Services. The services to be performed pursuant to this Agreement shall be initiated within five (5) days following execution of this Agreement. Services shall be completed no later than December 15, 2005. 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 of least fifteen (15) days prior to the termination date contained in said notice unless otherwise agreed in writing by SA January 2005 1 b. Cooperate with the Assistant City Forester in all aspects of this work. c. All contractors must hold a current Arborist License with the City of Fort Collins. d. All contractors' field crew supervisors must be current on their ISA Arborist Certification. At least one person with the ISA Arborist Certification will need to be on -site at all times while removal or pruning work is occurring. e. Successful bidder must be able to safely complete the work within 10 working days. Once work begins, it will be expected to continue until completed without interruption. It is up to the contractor to ensure this deadline is met by designating enough equipment and staff to complete the job. Failure to meet the time requirement may result in the cancellation of the contract. The time requirement may be modified under certain conditions as determined by the Assistant City Forester and the contractor. SA January 2005 10 EXHIBIT B 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: i. Workers' Compensation insurance with statutory limits as required by Colorado law. ii. Employer's Liability insurance with limits of $100,000 per accident, $500,000 disease aggregate, and $100,000 disease each employee. b. Commercial General & Vehicle Liability. The Service Provider shall maintain during the life of this Agreement such commercial general liability and automobile liability insurance as will provide coverage for damage claims of personal injury, including accidental death, as well as for claims for property damage, which may arise directly or indirectly from the performance of work under this Agreement. Coverage for property damage shall be on a "broad form" basis. The amount of insurance for each coverage, Commercial General and Vehicle, shall not be less than $500,000 combined single limits for bodily injury and property damage. In the event any work is performed by a subcontractor, the Service Provider shall be responsible for any liability directly or indirectly arising out of the work performed under this Agreement by a subcontractor, which liability is not covered by the subcontractor's insurance. SA January 2005 11 the parties. All notices provided under this Agreement shall be effective when mailed, postage prepaid and sent to the following addresses: City: Service Provider: City of Fort Collins, Purchasing Fine Tree Service Inc. PO Box 580 PO Box 270494 Fort Collins, CO 80522 Fort Collins, CO 80527 In the event of early termination by the City, the Service Provider shall be paid for services rendered to the date of termination, subject only to the satisfactory performance of the Service Provider's obligations under this Agreement. Such payment shall be the Service Provider's sole right and remedy for such termination. 5. Contract Sum. The City shall pay the Service provider for the performance of this Contract, subject to additions and deletions provided herein, the sum of Eighteen Thousand Eighty Dollars ($ 18,080.00) per the Bid Schedule attached hereto as Exhibit "C", consisting of one (1) page, and incorporated herein by this reference. 6. City Representative. The City will designate, prior to commencement of the work, its representative who shall make, within the scope of his or her authority, all necessary and proper decisions with reference to the services provided under this agreement. All requests concerning this agreement shall be directed to the City Representative. 7. Independent Service provider. The services to be performed by Service Provider are those of an independent service provider and not of an employee of the City of Fort Collins. The City shall not be responsible for withholding any portion of Service Provider's compensation hereunder for the payment of FICA, Workmen's Compensation or other taxes or benefits or for any other purpose. 8. Personal Services. It is understood that the City enters into the Agreement based on the special abilities of the Service Provider and that this Agreement shall be SA January 2005 2 considered as an agreement for personal services. Accordingly, the Service Provider shall neither assign any responsibilities nor delegate any duties arising under the Agreement without the prior written consent of the City. 9. Acceptance Not Waiver. The City's approval or acceptance of, or payment for any of the services shall not be construed to operate as a waiver of any rights or benefits provided to the City under this Agreement or cause of action arising out of performance of this Agreement. 10. 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 January 2005 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. 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. SA January 2005 4 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 B 00VS 0 j V', Jame B O'Neill II, CPPO, FNIGP Directo of Purchasing and Risk Management Date: Fine Tree Service, Inc. c By: osh Fine, Fyresident ''^^,� Date: V 1 ATfi T: (Corporate Seal) CORPORATE SECRETARY SA January 2005 5 EXHIBIT A SCOPE COTTONWOOD TREE PRUNING & REMOVAL BID South Timberline and Kechter Rd., Parkwood Meadows and 811 W. Mountain Avenue Summer 2005 Job Description Remove two hazardous cottonwood trees and perform safety prunes on 14 cottonwood trees located in the City Right -of -Way at three locations. The first location will have 8 trees to prune and one to remove. The trees are on the west side of S. Timberline Road beginning just north of Willow Springs Drive and proceeding north about a quarter of a mile. The second location is along S. Lemay Avenue starting at Heatherwood and Lemay and proceeding north to the church at 2000 S. Lemay. The second cottonwood north of Heatherwood will be removed; the other five cottonwoods will be pruned. The final location is at 811 W. Mountain Avenue and the cottonwood there will receive a safety prune. The trees to be removed are marked with fluorescent pink paint at the base. Note: you will be asked to provide a price to remove each cottonwood that is on the list to prune. Do not include stump grinding prices. The purpose of this is that with cottonwood trees of this age and size, we often do not see the all the defects in the crowns and removal may be necessary. If removal is necessary, the time frame for the job will be shifted accordingly. Contractors will provide a price for providing traffic control. Traffic control must conform and comply with all City, State and Federal rules and regulations. Traffic control plans must be submitted and approved by the City of Fort Collins Traffic Department (Syl Mirales). 2. General Information In order to be eligible to provide a quote for this job, each company must have at least one International Society of Arboriculture (ISA) Certified Arborist on staff. At least one ISA certified arborist must be present at the job sites during all pruning and removal work. Companies that cannot meet these requirements will be disqualified and not considered for this contract. 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 contractors. Job completion must occur on or before December 15, 2005. A good working relationship between the City and contractors is essential in making this contract work smoothly. The City of Fort Collins has the directive to maximize the amount of work for the lowest cost without sacrificing quality. If problems or conflicts arise, we ask that you air your concerns in a professional way through the Assistant City Forester or the City Purchasing Department. 3. Standards Pertaining to Tree Removal a. Completely remove tree, leaving the stump as close to the ground as possible. Final stump height shall be inspected and approved by City Forestry staff. b. Properly dispose of all logs, limbs, and brush from each removal. SA January 2005 6 c. Contact Assistant City Forester to coordinate all work including the start date. 4. Standards Pertaining to Pruninq a. No tree shall be cut in such a manner that its health or long-term structural integrity will be compromised. Exceptions will be made in an emergency relief situation where an immediate danger to persons or property exists. Any such emergency procedure must be reported promptly to the Assistant City Forestry with plans for completion or follow-up work submitted for approval. b. 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 pruning wound. Such a cut shall be considered proper only when such remaining limb is vigorous enough to maintain adequate foliage. Adequate foliage is essential so that the tree can produce new woody and callous growth to close the pruning wound within a reasonable period of time. c. All final tree pruning cuts shall be made in such a manner as to favor the earliest possible covering of the wound by natural wood and callous growth. Flush cuts below the natural branch collar shall not be made. All final cuts should be made just outside the natural branch collar. d. Tree limbs shall be removed in a controlled manner so as to cause no damage to the tree in which you are working, or to persons or property. e. All cutting tools used in making a pruning cut shall be kept sharp enough so that the final cut will have a smooth wood surface and secure bark remaining around the entire perimeter of the cut. f. Whenever a pruning cut is made while removing limbs too large to hold securely in one hand during the cutting operation, that limb shall be undercut one to two feet beyond the branch juncture. A top cut going clear through the limb should be made a few inches farther out from the undercut. The final cut shall be made along the branch collar in a manner that will prevent tearing of the bark. 5. Safety Prune Specifications a. A Safety Prune deals primarily with the general removal of those dead or living branches that pose a threat to public safety and welfare. b. Properly remove all dead or weakened branches of a large enough diameter to cause significant damage if they were to fall in an uncontrolled manner. For the purposes of this bid, remove significantly cracked or hollow limbs and dead wood down to and including %" diameter. c. Remove all broken branches or any loose branches lodged in the tree. SA January 2005 7 d. Remove any live branches which interfere with the tree's structural strength and healthful development which will include, but are not limited to, the following: i. Limbs which rub and abrade a more important branch. ii. Limbs of weak structure which are not important to the framework of the tree. e. All final cuts shall be made flush to the remaining branch collar or bark ridge on the trunk of the tree. Extremely deep cuts which produce excessively wide wounds or weaken the tree shall not be made. 6. Standards of Workmanship for Tree Removal and Pruning a. Cleanup of branches, logs and other debris resulting from tree removals and pruning shall be promptly accomplished. The work area shall be kept safe at all times until the cleanup operation is completed. Under no condition shall the accumulation of brush, limbs, logs or other debris be allowed to result in a hazardous condition. b. Under no condition shall it be considered proper to leave any severed or partially cut limbs in any tree being removed or pruned after the tree workers leave the work site. c. Whenever large tree sections are being cut in a tree which may endanger people or property, such materials shall be secured and lowered safely in a controlled manner. All infrastructures, including turf, landscaped areas, sidewalks, drive -ways, etc... should be inspected by the successful contractor and the Assistant City Forester prior to the start of work. Any damage to infrastructure that may occur due to removal or pruning activities, or from equipment being driven or parked, will be the contractor's responsibility to repair and correct. Irrigation systems are considered a part of the infrastructure. d. At least one responsible tree worker shall serve to coordinate safe operations on the ground at all times when work operations are in progress. An ISA Certified Arborist must be present at all times when removal or pruning work is being carried out. However, clean up operations such as chipping, loading, sweeping and using a blower to clean up debris may be exempted from this requirement. e. 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 or pruning other trees or portions thereof. 7. General Standards for Workmanship a. 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. b. All such work shall be conducted in a manner so as to cause the least possible interference with or annoyance to adjacent residents or users of the public right- of - way. c. Inadequately or improperly trained personnel shall not be utilized for work on or with trees beyond their known capacity or ability to perform properly or safely. SA January 2005 8 d. An ISA Certified Arborist shall be present at all times when work is being performed. e. 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. f. 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. g. 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. h. Adequate barricades and warning devices shall be placed and flag persons shall be stationed as necessary for the safety of persons and vehicles. i. If traffic control will be sub -contracted, the arborist company performing the work is responsible for contacting and setting a schedule with a traffic control company. If the arborist company will be providing their own traffic control, all rules of the land must be followed and staff with the proper qualifications, certifications and training must be utilized at all times. j. Sidewalks must be properly barricaded to protect pedestrians during actual removal operations. Use ground personnel to stop pedestrians as needed. k. Qualified street and sidewalk warning devices shall be in position as required at all times while work on this job is being performed. The City will not provide traffic control. I. The contractor will be responsible for keeping the work areas safe in terms of allowing pedestrians or bike riders through. Diverting foot and bike traffic is preferred. m. 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. n. It shall be unlawful for any person to engage in the business of planting, cutting, trimming, and pruning, removing, spraying or otherwise treating trees, within the City without first procuring a license therefore from the City. o. 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. 8. Other Requirements a. The contractor must have at least three (3) years experience of removing trees larger than 30 inches in diameter, or have successfully completed a job similar to this bid in size and conditions in the past three (3) years. SA January 2005 u