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HomeMy WebLinkAbout414759 SWINGLE LAWN TREE & LANDSCAPE CARE - CONTRACT - RFP - 7375 HOLIDAY LIGHTINGSERVICES 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 Swingle Lawn, Tree & Landscape Care, 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: Scope of Services. The Service Provider agrees to provide services in accordance with the scope of services attached hereto as Exhibit "A", consisting of two (2) pages and incorporated herein by this reference. 2. Contract Period. This Agreement shall commence upon the date of execution shown on the signature page of this Agreement and shall continue in full force and effect until July 13, 2013, 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. Renewals and pricing changes shall be negotiated by and agreed to by both parties. The Denver Boulder Greeley CPIU published by the Colorado State Planning and Budget Office will be used as a guide. Written notice of renewal shall be provided to the Service Provider and mailed no later than ninety (90) days prior to contract end. 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 Services Agreement 7375 Holiday Lighting Page 1 of 11 • Mountain Ave. West from College to Mason Canopy all trees with 36-inch spaced C9 LED lights on nine trees. There are power limitations to some trees along the sidewalk. 9 trees. • Mountain Ave. East from College to Walnut Canopy all trees along pedestrian walkway on North side of Mountain with 36-inch spaced C9 LED lights. Trunk -wrap only the trees in median; 33 trees total. • Mountain Ave. East from Walnut to Riverside Canopy all trees along pedestrian walkway on North side of Mountain Ave. with 36-inch spaced C9 LED lights. Trunk -wrap only trees in median; 28 trees. • NE comer of Mountain and Riverside Canopy trees in park with 36-inch spaced C9 lights. Trunk -wrap trees with LED minis; 3 trees total. • Oak St. West of Plaza to Mason Canopy trees in park with 36-inch spaced C9 LED lights. Trunk -wrap trees with LED minis. 9 trees. • Pine St. from Walnut to Jefferson Canopy trees in park with 36-inch spaced C9 LED lights. Trunk -wrap trees with LED minis; 13 trees total. • Triangle at Walnut and Pine Canopy trees in park with 36-inch spaced C9 LED lights. Trunk -wrap trees with LED minis. 4 trees. • Linden St. to Jefferson St. to Old Town Square Canopy all trees along pedestrian walkways with 36-inch spaced C9 LED lights; 12 trees. Services Agreement Page 10 of 11 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: Workers' Compensation insurance with statutory limits as required by Colorado law. 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. Services Agreement Page 11 of 11 SWING-2 OP ID: LIZ a►� uo CERTIFICATE OF LIABILITY INSURANCE OAT0810911YYYV) 8I09112 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND.OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER. IMPORTANT: If the certificate holder is an ADDITIONAL INSURED, the policy(ies) must be endorsed. If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsements . PRODUCER 303-799-0110 Cherry Creek Ins. Agency, Inc. Suite 600 303-799-0156 5660 Greenwood Plaza Blvd. Greenwood Village, CO 80111 Steven L. Doss CON.AGT Gail Clark PHONE FAX .720-212-2056 ac Not. 303-799-0156 AWNLESS . GaiIC thinkeei .eom INSURER(S)AFFORDING COVERAGE NAIL V INSURERA:Old Republic Ins. Company INSURED Swingle, Inc INSURER B:Firemans Fund Ins Co 8585 E Warren Ave Denver, CO 80231 INSURER C: INSURER D : INSURER E : COVFRAGFS CERTIFICATE NUMBER: REVISION NUMBER: THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POUCY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. IN$R TYPEOFINSURANCE O SUBR POLICYNUMBER POLICY EFF PMQDN f LIMITS A GENERAL LIABILITY X COMMERCIAL GENERAL LIABILTIY CLAIMS-MACEOCCUR X MWZY69664 02/01112 02/01/13 EACH OCCURRENCE $ 1,000,00 ILU PREMISES a«cunence s 300,00 MED EXP(Any me PNsm) $ 10,00 PERSONAL B ADV INJURY $ 1,000,00 GENERALAGGREGATE $ 2,000,00 GENLAGGREGATEUMIT APPLIES PER. POLICY X PRO- L� PROOUGTS-COMPICP AGG 5 2,000,00 g A AUTOMOBILE LIABILITY X ANY ALTO ALLOWNED SCHAUT09 EDULED lIT A0 NON OWNED HIREDAUTOS AUTOS X MWTB21506 02/01/12 02/01113 COMBINEDSINGLE LIMIT Ea accident S '1,ODQ,OO BODILY INJURY (Per person) S BODILY INJURY ('era«ident) S PROPERTY DAMAGE Per eaident $ B Jt UMBRELLA LIAB EXCESSLIAR X OCCUR CLAIMS -MADE SSE48663614 02/01/12 02/01/13 EACH OCCURRENCE $ 2,000,00 AGGREGATE $ 2,000,00 DED RETENTION $ s A WORKERSCOMPENSATION EMPLOYERSLIABILITY ANY PROPRIETORMARTNER/EXECU1VE Y® OFFICERIMEMBER EXCLUDED] (Mandatory in NH) ifyy describe under DESCRIPTI P TIO SWow NIA MVVC11735600 02/01/12 02/01113 X VJCSTARI- OEH- TORY LIMITS TORYAND E.L. EACH ACCIDENT S 1,000,00 EL DISEASE -EA EMPLOYE $ 1,000r00 F. 1_DISEASE-POLICY LIMIT 5 7,000,00 DESCRIPTION OF OPERATIONS/ LOCATIONS I VEHICLES IAOmh ACORD 101, Additional Remarks Schedule, If mom space Is requlred) As required by written contract or written agreement, The City of Fort Collins, its officers, agents and employees arels included as Additional Insured under General Liability and Automobile Liability. City of Fort Collins Attn: Purchasing Division PO Box 580 Fort Collins, CO 60522 SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS. ' J � I-//- ©1988-2010 ACORD CORPORATION. All rinhts reserved ACORD 25 (2010105) The ACORD name and logo are registered marks of ACORD CHF,RRY CREEK I\SUR NIC1:, GROU13 Re: Changes to Certificates of Liability Insurance To whom it may concern ACORD, the industry's standard leader for insurance Forms, issued an updated version of the Certificate of Insurance Form to comply with new state regulations. Cherry Creek Insurance Group acts in accordance with such regulations and is unable to issue outdated versions which are no longer compliant. The changes associated with theses regulatory requirements include the disclaimer text and "notice of cancellation" clause provided to the Certificate Holder. Why were these changes necessary? To align the certificate with the policy contract. Cancellation provisions are "rights" under the policy and are not voluntary provisions that we can alter Why are we unable to alter the certificate? ACORD forms are copyrighted and use of their forms is enforced by the state insurance department. As the Certificate of Insurance is filed with the state, we are legally required to use the new version. The policy holder has the right to immediately cancel their policy and consequently makes it impossible for the insurance carrier to provide the notice requested by the Certificate Holder. State law also grants the insurance company the right to cancel for reasons such as nonpayment which may not be within the requested cancellation notice time frame. Issuing a Certificate that amends the cancellation provision and promises notice would consist of misrepresentation or fraud, subjecting our agency and staff to civil and criminal penalties. We appreciate your understanding of the legal restrictions placed on Cherry Creek Insurance Group and all insurance agencies to comply with ACORD and state laws and regulations. Questions can be directed to our VP of Client Service, Carolyn Evans, at . 720-212-2046 or your state insurance department. 5660 Greenwood Plaza Blvd., Suite 500, Greenwood Village, CO 90111 Phone: 303.799.0110 Fax: 303.799.0156 www.cherrycreekins.com 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. 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: 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 $1 00,000 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. Services Agreement Page 11 of 11 herein, the City may terminate this Agreement at any time without cause by providing written notice of termination to the Service Provider. Such notice shall be delivered at least fifteen (15) days prior to the termination date contained in said notice unless otherwise agreed in writing by the parties. All notices provided under this Agreement shall be effective when mailed, postage prepaid and sent to the following addresses: City: Copy to: Service Provider: City of Fort Collins City of Fort Collins Swingle Lawn, Tree & Attn: Purchasing Attn: Steven Lukowski Landscape Care PO Box 580 PO Box 580 Attn: Eric Shaub Fort Collins, CO 80522 Fort Collins, CO 80522 1805 E Lincoln Ave Fort Collins, CO 80524 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, One Hundred Five Thousand Dollars ($105 000) per year, subject to additions and deletions provided herein, per the attached Exhibit "A", consisting of two (2) pages, 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. Services Agreement 7375 Holiday Lighting Page 2 of 11 8. Personal Services. It is understood that the City enters into the Agreement based on the special abilities of the Service Provider and that this Agreement shall be considered as an agreement for personal services. Accordingly, the Service Provider shall neither assign any 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 Services Agreement 7375 Holiday Lighting Page 3 of 11 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 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 Services Agreement 7375 Holiday Lighting Page 4 of 11 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. 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. 17. Prohibition Against Employing Illegal Aliens. Pursuant to Section 8-17.5-101, C.R.S., et. seq., Service Provider represents and agrees that: a. As of the date of this Agreement: 1. Service Provider does not knowingly employ or contract with an illegal alien who will perform work under this Agreement; and 2. Service Provider will participate in either the e-Verify program created in Public Law 208, 104th Congress, as amended, and expanded in Public Law 156, 108th Congress, as amended, administered by the United States Department of Homeland Security (the "e-Verify Program") or the Department Program (the "Department Program"), an employment verification program established pursuant to Section 8-17.5-102(5)(c) C.R.S. in order to confirm the employment eligibility of all newly hired employees to perform work under this Agreement. b. Service Provider shall not knowingly employ or contract with an illegal alien to perform work under this Agreement or knowingly enter into a contract with a subcontractor that knowingly employs or contracts with an illegal alien to perform work under this Agreement. Services Agreement 7375 Holiday Lighting Page 5 of 11 c. Service Provider is prohibited from using the e-Verify Program or Department Program procedures to undertake pre -employment screening of job applicants while this Agreement is being performed. d. If Service Provider obtains actual knowledge that a subcontractor performing work under this Agreement knowingly employs or contracts with an illegal alien, Service Provider shall: 1. Notify such subcontractor and the City within three days that Service Provider has actual knowledge that the subcontractor is employing or contracting with an illegal alien; and 2. Terminate the subcontract with the subcontractor if within three days of receiving the notice required pursuant to this section the subcontractor does not cease employing or contracting with the illegal alien; except that Service Provider shall not terminate the contract with the subcontractor if during such three days the subcontractor provides information to establish that the subcontractor has not knowingly employed or contracted with an illegal alien. e. Service Provider shall comply with any reasonable request by the Colorado Department of Labor and Employment (the "Department") made in the course of an investigation that the Department undertakes or is undertaking pursuant to the authority established in Subsection 8-17.5-102 (5), C.R.S. f. If Service Provider violates any provision of this Agreement pertaining to the duties imposed by Subsection 8-17.5-102, C.R.S. the City may terminate this Agreement. If this Agreement is so terminated, Service Provider shall be liable for actual and consequential damages to the City arising out of Service Provider's violation of Subsection 8-17.5-102, C.R.S. g. The City will notify the Office of the Secretary of State if Service Provider violates this provision of this Agreement and the City terminates the Agreement for such breach. Services Agreement 7375 Holiday Lighting Page 6 of 11 CITY OF FORT COLLINS, COLORADO a municipal corporation By: ZW FORT James B. O' eill II, CPPO, FNIGP %0 y Qirector of Purchasing and Risk Management . SE t Z ;. �n \\ ,�., YDate: � d� _ ( C� /ATTEST: City Clerk A14�O<DATO F RNL Assistant t SWINGLE LA4, TREE & LANDSCAPE CARE ATPC�� �01RPOWE SECRETARY Services Agreement 7375 Holiday Lighting f7:71k` CORPORATE PRESIDENT OR VICE PRESIDENT Page 7 of 11 EXHIBIT A SCOPE OF WORK This is a lease of product with all materials, labor, install, maintenance, takedown and storage being the sole responsibility of the contract. All current products will be replaced by the end of year 2. This will allow the display to maintain a near new appearance from year to year and allow for flexibility in design if desired. Current product, owned by Downtown Development Association (DDA), will be used in year one to supplement newly purchased product, and will be used in 50% of the installation in 2012. In 2013 all existing product, owned by the DDA, will be recycled by Swingle. Recycle holiday lights includes reuse of any material possible for repairs or replacement, recycle any material that's possible such as the larger cords and keep any material that can be used as back up. Any material left will be recycled first and then disposed of in a proper manner. Repairs needed due to theft, vandalism, neglect, extraordinary weather conditions, animals or acts of nature are not warranted and will be billed accordingly at time and materials rate of parts plus $76/per man hour for ground repairs and $100/per man hour for bucket truck repairs. Annual Lease Total: $105,000/year Product Specifications • 36 inch Space SPT1 C9 Stringer with weep holes at base of socket on either side. 50 count stringer with male and female plug at each end. • Stringer is rated at 6 amps, maximum in each tree for real amperage is 2 amps, which is well within the limits of the stringer wire. • LED C9 Bulbs have five diodes and a faceted shell on the C9 that is a high impact acrylic shell with added UV protection package to prevent shell yellowing that is exclusive only to Christmas Decor franchises. Our vendor has 70% of the market and the rest of the product produced is either polystyrene or polycarbonite which will discolor faster than our product. Plus the high impact acrylic gives the appearance of the bulb being brighter. • Mini LED lights are 50ct, 6" Spaced 5mm wide angle lens lights, 22 gauge single construction wire, green in color, and is currently the top rated product in marketplace. Tree Locations: • College Ave. from Olive to Laporte Ave. Canopy all trees with 36-inch spaced C9 LED lights; trunk -wrap trees on median only. No trunk wrap on trees along pedestrian walkway. • Oak Street Plaza Park Canopy wrap trees in park with 36-inch spaced C9 LED lights; trunk -wrap trees with LED minis • Old Town Square Proper Canopy wrap trees in square with 36-inch spaced C9 lights; trunk -wrap trees with LED minis. • Walnut St. from Linden to Pine Services Agreement Page 8 of 11 Canopy and trunk -wrap trees along pedestrian walkway with 36-inch spaced C9 LED lights. • College Avenue from Magnolia to Olive Ave. Canopy all trees with 36-inch spaced C9 LED lights. Complete trunk -wrap on median trees only. No trunk -wrap on trees along pedestrian walkway; 38 trees total (This differs from the specifications due to tree size. Three large Elms and power limitations access to some trees). Services Agreement Page 9 of 11