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HomeMy WebLinkAbout515011 AFM TREE SERVICES 113664 JORDANS TREE - CONTRACT - BID - 7473 TREE WORK - BLOCK PRUNING & REMOVAL (2)SERVICES 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 AFM Tree Service, hereinafter referred to as "Service Provider". W ITNESSETH: In consideration of the mutual covenants and obligations herein expressed, it is agreed by and between the parties hereto as follows: 1. Scope of Services. The Service Provider agrees to provide services in accordance with the scope of services attached hereto as Exhibit "A", consisting of eight (8) pages and incorporated herein by this reference. 2. Contract Period. This Agreement shall commence March 11, 2013, and shall continue in full force and effect until March 14, 2014, 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 herein, the City may terminate this Agreement at any time without cause by providing written Services Agreement - AFM Tree Service 7473 Tree Work - Block Pruning & Removal Page 1 of 21 4. Specifications Pertaining to Prunina of Trees a. No tree shall be cut in such a manner that it's health or eventual safety will be impaired. Exceptions will be made only in cases of tree pruning or removal for emergency relief of immediate danger to persons or property. Any such emergency procedures must be reported promptly to the Assistant City Forester with plans for completion or follow-up work submitted for approval. b. A reduction pruning cut removes the terminal portion of a stem or branch. This type of cut is used to maintain height, correct storm damage, subordinate competing limbs and to reduce the perimeter of a crown. The cut is made back to a living side branch that is at least'/ (minimum) to''/3 (optimal) the diameter of the cut branch. Such cuts shall be considered proper only when such remaining limb is vigorous enough to maintain adequate foliage to.produce woody growth capable of closing the pruning cut within a reasonable period of time. Aesthetic considerations may cause an exception when the contractor and City Forestry representative agree that a limb that does not meet the criteria should be retained. c. A thinning pruning cut removes a branch back to its parent stem or the trunk. The purpose is to reduce canopy density and eliminate conflicts or competition between limbs. Such cuts shall be considered proper only when the natural bark protection zone is not breached, nor a stub left. d. Crown topping, heading, lion's tailing, tipping or rounding -over shall be considered improper pruning methods and shall not be employed to any degree unless specifically required by City Forestry. The exception is that a one year old shoot may be headed back to a bud where appropriate. e. All final tree trimming cuts shall be made in such a manner as to favor the earliest possible closure of the wound by natural callous growth. Flush cuts shall not be made. Flush cuts are defined as pruning cuts made to the inside of the branch collar. All final cuts should be made just outside the natural branch collar without leaving a stub. Exceptions to this rule will be used as needed when repairing broken branches that have already violated the integrity of the branch collar. f. In conducting tree pruning operations, all work shall be performed using methods and equipment in such a manner so as to avoid and prevent damage to other plants (except minor damage to turf), properties, structures or persons. The ANSI Z133.1 for Arboricultural Operations — Safety Requirements is the industry -developed national consensus safety standard. ANSI Z133.1 shall be referenced by the City Forester in interpreting this specification g. All cutting tools and saws used in making tree pruning cuts shall be kept adequately sharpened to result in final cuts with a smooth wood surface and secure bark remaining around the perimeter of the cut. h. Whenever pruning cuts are to be made while removing limbs too large to hold securely in one hand during the cutting operation, the limb should be cut using a three -cut method. The first cut will be an under -cut made one to two feet beyond the intended final cut. The second cut should be beyond the under -cut and remove the limb from that point out. The final cut shall be made at the branch collar and in such a manner as to prevent unnecessary tearing back of the bark and wood. Services Agreement Page 10 of 21 5. Description of Complete Prune: a. A complete prune shall consist of the general removal of dead, dying, diseased, damaged, conflicting, broken, and structurally unsound limbs to improve the overall health, safety, structure and aesthetics of each tree. b. Specifications: 1) Properly remove all dead, dying or weakened branches of % inch or greater diameter. 2) Thinning is a component of a complete prune and shall consist of selective pruning to reduce density of live branches. The result should be an even distribution of branches on individual limbs extending to each branch tip, and throughout the crown. Branch tips, down to approximately''/2 inch in diameter, should be included in the thinning process to reduce the chance of excess loading. The inch diameter criteria may vary by job. 3) Remove all broken branches or any loose branches lodged in the tree 4) Remove any live branches which interfere with the tree's structural strength and healthy development which will include, but is not limited to, the following: a) Limbs which rub and abrade a more important branch. b) Limbs of weak structure which are not important to the structural or aesthetic framework of the tree. c) Limbs forming multiple or co -dominant leaders, particularly those that are five (5) inches or less in diameter, and have junctures with included bark. Select the best leader and subordinate or remove those limbs that compete with that leader. d) Limbs which, if allowed to grow, would wedge in the junction of more important branches where more than one scaffold branch arise from the same area of the trunk. An example would be where three scaffold branches arise in close proximity to each other on the trunk so that there is very little room for proper branch collar development as each branch grows in diameter. e) Limbs with twigs and foliage that obstruct the development of a more desirable branch. f) Smaller limbs and twigs near the end of supporting branches which contribute to excessive weight or wind resistance at the branch end, or prevent adequate light penetration to the interior of the canopy. g) Undesirable adventitious shoots, suckers and water sprouts in the bottom 1/3 of the crown. h) Remove stubs or broken limbs back to developing branches or leaders. i) Subordinate or remove limbs that compete with the developing leader or a more desirable branch. j) Selectively prune branches which project significantly beyond the symmetrical form of the canopy. Services Agreement Page 11 of 21 6. Standards for Workmanshia A. General Standards for Workmanship 1) Authorized work from this bid neither expresses nor implies a right to violate any law of the land while in process of performing such work. 2) All such work shall be conducted in a manner as to minimize interference with or annoyance to others. 3) Inadequately or improperly trained personnel, including sub -contractors, shall not be utilized for work on or with trees or shrubs beyond their known capacity or ability to perform properly or safely. 4) A qualified arborist with the appropriate ISA certification credentials shall be present at all times when work is being performed except that he may be absent for short periods during the day when necessary because of emergencies or other urgent matters. Such periods of absence must be communicated (preferably prior to the absence) to the Assistant City Forester or other appropriate Forestry staff as soon as possible. Any other exceptions to this standard must be pre -approved by the Forestry representative. It is the intent of this standard to ensure that a highly qualified arborist is present at all times when pruning or removal work is being performed. The ISA Tree Worker/Climbing Specialist certification requires that the holder of the certification be trained in: 1) aerial rescue methods; 2) First Aid; and 3) CPR. Persons who have obtained the general Arborist Certification have demonstrated that they are very familiar with arboriculture practices and they should be able to ensure high quality work and safety on site. 5) Any injury to persons or damages to any improvement, property, plant or structure while working on this job shall be promptly reported to the Assistant City Forester. It shall be the responsibility of the contractor to make proper restoration and/or repairs when damages do occur. 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. Inspection of tools and equipment to ensure that they are in safe and operable condition shall be the duty of each successful contractor. The City will not be held liable for the condition of any contractor's tools or equipment. 7) The contractor may be required to coordinate traffic control for some jobs. The City of Fort Collins Traffic Division will provide traffic control as needed for the work covered by this bid. The contractor will not be responsible for paying the traffic control costs, but use of traffic control should be pre -approved by City Forestry. It is critical to coordinate effective use of traffic control so that efficiency and economy are maximized. 8) During all tree work operations, adequate staff, barricades and warning devices shall be utilized as necessary or specified by code for the continual safety of persons and vehicles in or near the work zone. 9) Whenever utilities or other facilities/improvements, public or private, will be implicated or jeopardized by any authorized tree or shrub work, the proper authorities of the utility, facility and/or property owner involved shall be consulted prior to performing any work. All requested precautions by any such authority shall be complied with. Services Agreement Page 12 of 21 10) It shall be unlawful for any business to engage in the business of cutting, trimming, pruning, or removing trees, where such work must occur at a height of ten (10) feet or greater above the ground, within City limits without first procuring an Arborist License from the City Forester. 11) All motor vehicles and other major equipment of any licensed person used in conducting the licensed business shall be clearly identified with the name and phone number of the licensee. Services Agreement Page 13 of 21 2013 Block Pruning Block 1 ipI L] El C] mwn mega tYWCBH V 8'C8H G'D&1 ECBH linCm 9 "a0 D Buildings Parcels �u Blocks 31' 48' �448 DBH YOgIWS �� DBH r UNK L 3DBH ,.eye TD8B H �Me I2e 5' DBH Dee. 0 100 X0 Services Agreement Page 14 of 21 2013 Block Pruning Block 5 F�]90 0. UNK 3'OBH ZOBH --I, h ri 0 gggryl BeDB yy �$19�08H ({�� I1$y�� Ip * Y 6NCp Oos loa9 B' 0BH 17 0BH Mnpla 1]'OBH 13^ j� u•oHH 9.1N � 16' DEN OINK 15.06H N DBH 30DBN UNK =d J om aaoeH t.o s una U W MH Pogo UNK UNK �� UKe Me^ CplPoe irae u'oBH I LLL..._JJJ S®Hiy1p�1_WH tl'p&1 . • COXBBT^n �yP'CBII r��9 K T 3• 06H - 10' L01 Buildings Parcels Blocks �t`�t FW 0 100 wo Services Agreement Page 15 of 21 EXHIBIT B COMPENSATION BID SCHEDULE - BLOCK I Block Address I E LAUREL ST 220 1st tree E. of alley Maple Sugar maple 5.0 20.0 lJ oo 1 E LAUREL ST 220 2nd Tree E. of alley Oaks Chinkapin oak 6.0 20.0 19�00 1 E LAUREL ST 220 3Td Tree E. of alley Oaks Bur oak 9.0 10.1 00 I E LAUREL ST 220 tat tree W. of Mathews on Oaks Buroak 15.0 45.0 Laurel I I I E LAUREL ST 220 1st Tree N. of Laurel an Oaks Bur oak 11.0 35.0 I Skip Mathews I E LAUREL ST 220 2nd Tree N. of Laurel on Oaks Bur oak 13.0 47.3 Skip Mathews 1 E LAUREL ST 200 Isthee W. of alley Populus Plains cottonwood 48.0 105.0 �-5 0 oc) 1 E LAUREL ST 200 2nd [me W. of alley Populus Plains cottonwood 41.0 100.0 �' O� V(_)0 . CO 1 E LAUREL ST 200 3rd tree W. of alley Populus Plains cottonwood 32.0 100.0 I E LAUREL ST 200 An Tree W. of alley Populus Plains cottonwood 33.0 100.0 15c) . cv� 1 E LAUREL ST 200 1st tree E. of Remington on Populus Plains cottonwood 38.0 100.0 Laurel I E LAUREL ST 200 far Tree N. Of Laurel on Populus Plains cottonwood 40.0 128.8 Remington 1 E LAUREL ST 200 2nd Tree N. of Laurel on Maple Silver maple 58.0 80.0 bid on removal Ust Remington 1 Remington W Oaks Buroak 10.0 20.0 1 REMINGTON ST 640 Oaks Buroak 9.0 45.0 I REMINGTON ST 640 Ash Green ash 29.0 75.0 Co I REMINGTON ST 634 s. tree Ash Green ash 26.0 75.0 1 REMINGTON ST 634 middle tree Ash Green ash 40.0 75.0 I REMINGTON ST 634 n. tree Ash Green ash 23.0. 55.0 1 4s-, co 1 REMINGTON ST 630 LINK black locust 38.0 77.0 1 REMINGTON ST 626 Lomst Honeyfocust 10.0 35.0 I REMINGTON ST 626 Oaks Buroak 2.6 12.0 I REMINGTON ST 622 Oaks Texas red oak 2.0 15.0 A 1 REMINGTON ST 622 Ash Green ash 25.0 71.2 1 oD I REMINGTON ST 618 Kentucky Kentucky coffee tree 10.0 44.6 r3c) 00 Coffee Tree I REMINGTON ST 614 s. tree Ash Green ash 20.0 55.0 1 REMINGTON ST 614 n. free Ash Green ash 25.0 55.0 Services Agreement Page 16 of 21 1 REMINGTON ST 608 Oaks Buroak 11.0 38.7 Oa 1 REMINGTON ST 608 Elm American elm 32.0 65.0 sr-)o 1 REMINGTON ST 604 3rd Tree S of Myrtle Ash Green ash 15.0 55.1 ` QO 1 REMINGTON ST604 2nd Tree S of Myrtle Ash Green ash 12.0 50.0 I OD 1 REMINGTON ST 604 1st S. 01 Myrtle Ash Green ash 26.0 55.0 50 w 1 REMINGTON ST 604 1 st Tree E of Remington Maple maple 8.0 25.0 1 REMINGTON ST 604 2nd Tree. E of Remington Maple Silver maple 44.0 63.8 1 REMINGTON ST 600 3rd Tree E. of Remington Oaks Chinkapin oak 6.0 20.0 1 MATHEWS ST 601 1st E. of alley on Myrtle Linden Littleleaf (European) linden 12.0 30.0 1 MATHEWS ST 601 2nd E of alley on Myrtle Maple Sugar maple 9.0 25.0 , CO 1 MATHEWS ST 601 3rd E. of alley on Myrtle Linden Littleleaf (European) inden 9.0 30.0 i MATHEWS ST 601 4th E. of alley on Myrtle Maple Sugar maple 8.0 25.0 O 1 MATHEWS ST 601 Comer Tree on Myde Linden Littleleaf (European) linden 10.0 0.0 1 MATHEWS ST 601 Populus Plains cottonwood 51.0 90.0(600, - 1 MATHEWSST605 Populus Plains cottonwood 48.0 90.0 1 MATHEWS ST 611 UNK LINK 3.0 15.0 1 MATHEWS ST 611 Buckeye Buckeye 8.0 18.0 25 OD 1 MATHEWS ST 615 -Kentucky Coffee Tree Kentucky coffee tree 15.0 57.6 1 MATHEWSST617 Oaks Bur oak 2.0 8.0 I W 1 MATHEWSST621 Oaks Texas red oak 8.0 30.0 1 MATHEWS ST 623 Apple Apples and crabapples 9.0 20.0 5 CO 1 MATHEWS ST 625 Populus Lanceleaf cottonwood 16.0 70.0 '%,5, 00 1 MATHEWSST625 Populus Lanceleaf cottonwood 21.0 71.8 111 5 lJl/ 1 MATHEWSST629 Populus Plains cottonwood 50.0 71.8 tO M 1 MATHEWSST633 Beech European beech 6.0 15.0 Skip i MATHEWSST633 Ash Green ash 26.0 50.0 Skip 1 MATHEWS ST 633 Ash Green ash 31.0 72.8 Skip 1 MATHEWS ST 637 Oaks Buroak 9.0 25.0 Skip 1 MATHEWS ST 639 s. tree Oaks Buroak 8.0 20.0 Skip BASE BID - BLOCKI $9k L-4o,O© Services Agreement Page 17 of 21 BID SCHEDULE - BLOCK 6 ,Slock,� Address "Location �, Group . ........ - Common Name,:.,.: DSH,...,,. Melght, Costa - u*rnber' 5 801 WHEDBEE ST 3rd Weston Plum Locust Honeylocust 14.0 48.2 1 0C) 'o Z) 5 801 WHEDBEE ST 2nd Weston Plum Oaks Texas red oak 6.0 32.3 0 5 801 WHEDBEE ST IstWon Plum Locust Honeyocust 17.0 48.4. 0 00 5 801 WHEDBEE ST Maple Silver maple 17.0 48.0 1 oo ()C) I 5 807 WHEDBEE ST Ash Green ash 13.0 48.0 100 1 O-C) 5 809 WHEDBEE ST Walnut Blackwainut 16.0 60.0 115, (7)(D 5 809 WHEDBEE ST LINK Tulipbee (yellow or tulip 15.0 51.5-00 Ll poplar) 5 815 WHEDBEE ST Ash Green ash 10.0 48.0 7-5 CD 5 815 WHEDBEE ST Elm American elm 30.0 65.3 L15-0, L?(q I 6 821 WHEDBEE ST Elm Siberian elm 40.0 65.3 2-:L5, oo 5 821 WHEDBEE ST Elm Siberian elm 45.0 95.5 C) 5 825 WHEDBEE ST Linden Lltdoleaf(Eumpean) 4.0 12.0 linden 10 5 831 WHEDBEE ST ion Elm Siberian elm 44.0 95.5 25cD u L) 5 831 WHEDBEE ST an Locust,E. tree Kentucky Coffee Tree Kennuckycoffee tree 10.0 37.5 3 C). 0 5 831 WHEDBEE ST Middl TreeLocust e Kentucky Coffee Tree Kentucky coffee tree 11.0 40.4 2)o n(-)o 5 831 WHEDBEE ST on Locust, W. tree Linden Liffieleaf (European) 11.0 43.0 linden 0 5 416 LOCUST ST Oaks Buroak 3.0 10.0 5 416 LOCUST ST LINK LINK 9.0 30.7 I n 0 5 828 PETERSON ST 5th Tree E. of UNK LINK 21.0 43.3 Peterson i DO, W 5 828 PETERSON ST 41h T me E. of Apple Apples and crabapples 27.0 45.0 Peterson 7j!!J7' 0D 3rd Tree E oT- 5 828 PETERSON ST Peterson UNK LINK 3.0 12.0 I ao-0 5 828 PETERSON ST 2nd Tree o 9- Maple Nomaymaple 20.0 - 50.0 Go Peterson 1 5 828 PETERSON ST T 1st m-e-EaF- Maple Nomaymaple �59 7 I Peterson 5 1828 PETERSON ST on Peterson Maple Nomaymaple 1 25.0 1 57.9 Services Agreement Page 18 of 21 5 828 PETERSON ST on Peterson Linden American linden 20.0 71.8 I O C) 5 824 PETERSON ST Linden American linden 21.0 66.9 1 5 C) 5 824 PET ERSON ST Linden American linden 24.0 66.9 2 <, (7 C) 5 820 PETERSON ST Linden American linden 24.0 66.9 ' 5 O, 7 5 820 PETERSON ST Linden American linden 19.0 61.0 1 ZJ C)-0 5 818 PETERSON ST Elm American elm 29.0 64.5 5 818 PETERSON ST Elm American elm 34.0 64.5 5 816PETERSON ST Ash Green ash 9.0 40.0 �S 5 812 PET ERSON ST Ash Green ash 15.0 44.7 ' �Z..J 1 Q D 5 812 PETERSON ST Ash Green ash 15.0 44.7 C7D 5 806 PETERSON ST Linden American linden 22.0 66.9 SQ (> c7 5 806 PETERSON ST Linden American linden 22.0 66.9 i�b oD 5 802 PETERSON ST Maple Norway maple . 21.0 56.2 5 802PET ERSON ST Maple Norwaymaple 19.0 56.2 5 802PETERSONST on Plum Oaks Texasredoak 3.0 10.0 `�WUC) 5 802 PETERSON ST on Plum UNK UNK 2.0 10.0 `p , 0.0 5 415 E PLUM ST Beech European beech 9.0 28.0 "ZS op 5 411 E PLUM ST Beech European beech 9.0 30.5 OLD 5 417 E PLUM ST UNK UNK 5.0 16.0 1 5 U-0 5 423 E PLUM ST Maple Norwaymaple 24.0 50.0 5 423 E PLUM ST Maple Norwaymaple 27.0 58.6 BASE BID - BLOCKS Services Agreement Page 19 of 21 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 AFM Tree Service Attn: Purchasing Attn: Ralph Zentz Attn: William Mattor IV PO Box 580 PO Box 580 3912 Elmhurst Drive Fort Collins, CO 80522 Fort Collins, CO 80522 Fort Collins, CO 80526 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, per the attached Exhibit "B", consisting of five (5) 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. 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 Services Agreement - AFM Tree Service 7473 Tree Work - Block Pruning & Removal Page 2 of 21 BID SCHEDULE- REMOVALS Block Number Address Location Group Comman Name DBH Heigh[ Removal Cost 1 ELAUREL ST 200 Ist tee E. of Remington on Laurel Populus Plainscotmmvood 38.0 100.0 rx) 1 ELAUREL ST 200 Is[ Tree N. Of Laurel on Remington Populus Plainscottanvrood 40.0 128.8 t�ln/�.c,-� cc �-�✓� 1 ELAUREL ST 200 2nd T ree N, of Laurel on Remington Maple Silyermaple 58.0 80.0 2 601 STOKER ST On Myrtle Elm Siberian elm 25.0 0.0 2 630 SMITH ST Elm Siberian elm 27.0 75.0 f O(7 2 619 E MYRTLE ST Elm S enan e'm pus sprouts). 13.0 0.0 n 3 531ELAUREL ST Eas[Tree Maple Nowaymaple 24.0 45.7 00 3 716SMITH ST North Tree I Populus Hybrid poplar 29.0 0.0 3, 721SMITHST North Tree Elm Siberian elm 31.0 76.0 ` 3 . 721 SMITH ST South Tree Elm Siberian elm 31.0 50.1 IC�� 3 727 SMITH ST Locus! Honeylocus[ 16.0 62.9 3 509E LAUREL ST UNK Pecan hickory 8.0 13.0 ;L506 4 719 STOVER ST Elm American elm 40.0 65.0 (70 BASE BID - REMOVALS 11'WOD-Olf FOR BLOCK 1 REMOVALS ONLY $ 6,600.00 Services Agreement Page 20 of 21 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. 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 $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 21 of 21 Mar 08 2013 16:37 Skies West Ins Agency Inc 9702233236 page 1 A ORD„ CERTIFICATE OF LIABILITY INSURANCE 3/0820 3 PRODUCER THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION SKIES WEST INS AGENCY INC ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE 1531 RIVERSIDE AVE kA HOLDER. THIS CERTIFICATE DOES NOT AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. FORT COLLINS, CO 90524 INSURERS AFFORDING COVERAGE INSURED INSURERA: BURLINGTON INS CO AM TREE SERVICE TLC INSURER B: PROGRESSIVE 3912 ELMHURST DR INNSURER SURER C: PINNACOL D: FORT COLLINS CO 80526— INSURER E. - -. — - COVERAGES THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACTOR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAYBE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. AGGREGATE LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. INSR rypE OF INb URANCE POLICYNUMBER POUCYEFFEC➢VE POUCYEXPIRARCN UNITS GENERAL LIABILITY EACH OCCURRENCE $ 1 0DO 000 FIRE DAMAGE (Any onefre) S 100 000 A COMMERCIAL GENERAL LIABILITY 11B-00006432 08/01/2012 08/01/2013 CLAIMS MADE FRI OCCUR MEO EXP Any ompmon) $ 5,000 PERSONAL&ACV INJURY $ 1,000,000 ❑ ❑ GENERALAGGREGATE $ 2,000,1300 CFNL AGGREGATE LIATAPPLIES PER: PRODUCTS-COMPNXPAGG $ 2,000,000 ❑ POUCy ❑ PRO- JECT❑ LOG AUTOMOBILE ❑ UABILITY ANY AUTO COMBINED SINGLE LIMIT (Ea eCUoeOI) S 1,DO0,000 e ❑ ALL OWNED AUTOS SCHEWLED AUTOS 06533966-2 08/04/2022 08/04/2013 BODILY INJURY IFaf person) $ BODILY INJURY (Par ectlaeri) $ HIRED AUTOS -0VJ NONNED AUTOS PROPERTY DAMAGE (Peracodars) $ ❑ ❑ GARAGE LABILITY AUTO ONLY -EA ACCIDENT $ OTHERTHAN EAACC AUTO ONLY: ASS $ ❑ ANY AUTO ❑ $ EXCESS LABILITY EACH OCCURRENCE $ ❑ OCCUR ❑❑ CLAIMS MADE AGGREGATE B 3 $ ❑ DEDUCTIBLE $ ❑ RETENTION $ WORKERS COMPENSATION AND WC STATU- I ILIOTH- C EMPLOYERT ABILITY 4154641 03/23/2012 04/01/2013 E.L. EACH ACCIDENT $ 100,000 E.L DISEASE -EA EMPLOYE $ SOO,000 E.L. DISEASE-POLICYLIMIT $ 500,000 OTHER A EQUIPMENT COVERAGE IIB-00006432 00/01/2012 08/02/2013 1000 DED DESCRIPTION OF OPERATONWLOCATIONSNEHICLE&FIICLUSIONS ADDED BY ENDORSEMENT/SPECIAL PROVISIONS A WAIVER OF SUBROGATION SS INCLUDED ON WORKERS COMP. ADDITIONAL INSURED FORM CG2010 CERTIFICATE HOLDER ® ADDITIONAL INSURED; INSURER LETTER CANCELLATION SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION CITY OF FORT COLLINS 030 DATE THEREOF, THE ISSUING INSURER WILL ENDEAVOR TO NAIL DAYS WROTEN PURCHASING DEPT NOTICE TO THE CERTIFICATE HOLDER NAME THE LEFT, BUT FAILURE 70 DO 50 SHALL ATTN: JSTEVENSHN 9TE IMPOSE NO OBLIGATION OR LIABIUTYOFA KIND UPON THE INSURER, RGAGENTJOR 215 N MASON FORT COLLINS CO 80524— REPRESENTATNES RBPRESENTA V (970) 221-6707 ACORD 25S )7197) OACORD C RPORATION 1908 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 Services Agreement — AFM Tree Service 7473 Tree Work — Block Pruning & Removal Page 3 of 21 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 parry'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 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 Services Agreement — AFM Tree Service 7473 Tree Work — Block Pruning & Removal Page 4 of 21 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. 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 Services Agreement - AFM Tree Service 7473 Tree Work - Block Pruning & Removal Page 5 of 21 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 - AFM Tree Service 7473 Tree Work - Block Pruning & Removal Page 6 of 21 CITY OF FORT COLLINS, COLORADO a municipal corporation By: 7 K— Jams 0. O'Neill II, CPPO, FNIGP Dire r of Purchasing and Risk Management Date: AFM TREE SERVICE By:� S7c07'r- PRINT NAME CORPORATE PRESIDENT OR VICE PRESIDENT Date: 3- L - /3 ATTEST: (Corporate Seal) CORPORATE SECRETARY Services Agreement — AFM Tree Service 7473 Tree Work — Block Pruning & Removal Page 7 of 21 EXHIBIT A SCOPE OF WORK 1. Job Description Perform community forestry maintenance work which includes, but is not limited to, tree pruning and removal operations of City -owned trees on the following specified city blocks: • Block #1 is bounded by Laurel, Remington, Myrtle and Matthews • Block #5 is bounded by Locust, Peterson, Plum and Whedbee 2. General Information and Pre -Qualifications: a. If a sub -contractor will be used to make tree pruning or removal cuts under this bid, that sub -contractor must hold a current Arborist License from the City of Fort Collins and have the proper license for the work to be performed. A contractor may use a sub- contractor that will not perform any of the actual tree pruning or removal cutting, such as a crane company, without that subcontractor needing an arborist license. b. In conducting tree pruning or removal operations, all work shall be performed using methods and equipment in such a manner so as to avoid and prevent damage to other plants (except minor damage to turf), properties, structures or persons. The ANSI Z133.1 for Arboricultural Operations — Safety Requirements is the industry -developed national consensus safety standard. ANSI Z133.1 shall be referenced by the City Forester in interpreting this standard. If damages do occur, it will be the contractor's responsibility to conduct or facilitate acceptable repairs of such damages at their expense. 1. Tree pruning and removal work shall comply with the City of Fort Collins Tree Management Standards and Best Management Practices document, as well as the most recent edition of ANSI Z133.1 (the most current edition is the ANSI Z133.1-2006) for Arboricultural Operations -Safety Requirements. 2. Tree pruning and removal operations shall comply with all federal, state and local laws and regulations. 3. Off -site trees shall not be cut or pruned beyond a property line without prior verbal or written approval from the owner(s) of the tree(s), or his or her authorized representative. An exception is that the City Forester can authorize pruning or removal of trees or shrubs posing a hazard to public property as described in Sec.27-57 of the Fort Collins Municipal Code, or for the control of tree diseases or insect infestations as described in Sec 27-58 of the Fort Collins Municipal Code. 4. During an emergency, tree work often needs to be performed as quickly as possible. At such times, it may be necessary, because of safety and the urgency of the operation, to deviate from the use of proper pruning techniques as defined in this standard. Following the emergency, corrective pruning should be done as necessary. 5. Safety of the work crews and the public (persons & property) are of primary concern. However, quality application of industry pruning standards is also extremely important. Tree work crews of any licensed arborist company shall stop work on a job site when directed by City Forestry staff for Services Agreement Page 8 of 21 possible violations of the safety, pruning or topping standards. Work shall remain stopped until the possible violation is discussed and/or corrected. Repeated violations may result in the termination of the contractor as a viable contractor on this and other bids. Damages may be assessed for improper pruning or tree damage. 6. The City of Fort Collins has the directive to maximize the amount of work for the lowest cost without sacrificing quality. A good working relationship between the City and the successful contractor(s) is essential in making this contract work smoothly. If problems or conflicts arise, we ask that you air your concerns in a professional way through the Assistant City Forester and/or the Senior City Buyer. 3. Specifications Pertaining to Tree Removals a. Completely remove trees and debris, leaving the stump as low to the ground as feasible. b. Properly dispose of all logs, limbs, and brush from each removal. c. In conducting tree removal operations, all work shall be performed using methods and equipment in such a manner so as to avoid and prevent damage to other plants (except minor damage to turf), properties, structures or persons. The ANSI Z133.1 for Arboricultural Operations — Safety Requirements is the industry -developed national consensus safety standard. ANSI Z133.1 shall be referenced by the City Forester in interpreting this specification. d. Cleanup of branches, logs and other debris resulting from tree removals shall be promptly accomplished. The work area shall be kept safe at all times until the cleanup operation is completed. Under no condition shall the accumulation of brush, limbs, logs or other debris be allowed to result in a hazardous condition. e. All severed, or partially severed, limbs or trunk sections shall be removed from the tree before the contractor's tree workers leave the scene of the operation. Exceptions must be approved by a Forestry representative. f. Proper and safe securing and lowering methods shall be applied during removal or pruning operations involving large tree sections. It is better to be over -cautious than to risk causing harm or damage to persons, structures or property. g. At least one responsible, trained worker shall serve to coordinate safe operations on the ground at all times when work operations are in progress. h. Vehicles that have a winch, or other leveraging device, must not be secured or anchored to utility poles, fence posts, trees or other easily damaged objects during tree pruning or removal operations. All elm wood (of the Ulmus genus) and all spruce wood (of the Picea genus) shall be chipped or hauled immediately to the Larimer County Landfill for proper disposal. City Forestry may place this restriction, or other restrictions, upon other species as the need arises (i.e. — ash infested with Emerald Ash Borer, or walnut infected with Thousand Cankers Disease). City Forestry may re -direct any of the listed wood to an approved processing site in order to keep it out of the landfill. This will be determined on a case by case basis. Services Agreement Page 9 of 21