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HomeMy WebLinkAbout463182 THE DAVEY TREE EXPERT / 414759 SWINGLE LAWN - CONTRACT - BID - 7613 MISCELLANEOUS TREE WORK (2)Service Agreement – Work Order Type 7613 Miscellaneous Tree Work - Swingle Page 1 of 22 SERVICES AGREEMENT WORK ORDER TYPE THIS AGREEMENT made and entered into the day and year set forth below, by and between THE CITY OF FORT COLLINS, COLORADO, a Municipal Corporation, hereinafter referred to as the "City" and 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: 1. Services to be Performed. a. This Agreement shall constitute the basic agreement between the parties for services for 7613 Miscellaneous Tree Work. The conditions set forth herein shall apply to all services performed by the Service Provider on behalf of the City and particularly described in Work Orders agreed upon in writing by the parties from time to time. Such Work Orders, a sample of which is attached hereto as Exhibit "A", consisting of one (1) page, and incorporated herein by this reference, shall include a description of the services to be performed, the location and time for performance, the amount of payment, any materials to be supplied by the City and any other special circumstances relating to the performance of services. A general scope of services is attached hereto as Exhibit “B”, consisting of six (6) pages, and incorporated herein by this reference. No work order shall exceed $75,000. The only services authorized under this agreement are those which are performed after receipt of such Work Order, except in emergency circumstances where oral work requests may be issued. Oral requests for emergency actions will be confirmed by issuance of a written Work Order within two (2) working days. Irrespective of references in Exhibit A to certain named third parties, DocuSign Envelope ID: E97D8401-61AF-4754-82CC-5E280E807776 Service Agreement – Work Order Type 7613 Miscellaneous Tree Work - Swingle Page 2 of 22 Service Provider shall be solely responsible for performance of all duties hereunder. b. The City may, at any time during the term of a particular Work Order and without invalidating the Agreement, make changes within the general scope of the particular services assigned and the Service Provider agrees to perform such changed services. 2. Changes in the Work. The City reserves the right to independently bid any services rather than issuing work to the Service Provider pursuant to this Agreement. Nothing within this Agreement shall obligate the City to have any particular service performed by the Service Provider. 3. Time of Commencement and Completion of Services. The services to be performed pursuant to this Agreement shall be initiated as specified by each written Work Order or oral emergency service request. Oral emergency service requests will be acted upon without waiting for a written Work Order. Time is of the essence. 4. Contract Period. This Agreement shall commence upon signing and shall continue in full force and effect until April 30, 2015, 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 90 days prior to contract end. 5. Delay. If either party is prevented in whole or in part from performing its obligations by unforeseeable causes beyond its reasonable control and without is fault or negligence, then the party so prevented shall be excused from whatever performance is prevented by such cause. To the extent that the performance is actually prevented, the Service DocuSign Envelope ID: E97D8401-61AF-4754-82CC-5E280E807776 Service Agreement – Work Order Type 7613 Miscellaneous Tree Work - Swingle Page 3 of 22 Provider must provide written notice to the City of such condition within fifteen (15) days from the onset of such condition. 6. Early Termination by City/Notices. Notwithstanding the time periods contained herein, the City may terminate this Agreement at any time without cause by providing written notice of termination to the Service Provider. Such notice shall be mailed at least fifteen (15) days prior to the termination date contained in said notice unless otherwise agreed in writing by the parties. All notices provided under this Agreement shall be effective when mailed, postage prepaid and sent to the following address: Service Provider: City: Copy to: Swingle Lawn, Tree & Landscape Care Attn: Eric Shaub 1805 E Lincoln Ave Fort Collins, CO 80524 City of Fort Collins Attn: Ralph Zentz PO Box 580 Fort Collins, CO 80522 City of Fort Collins Attn: Purchasing Dept. PO Box 580 Fort Collins, CO 80522 In the event of early termination by the City, the Service Provider shall be paid for services rendered to the termination date, subject only to the satisfactory performance of the Service Provider's obligations under this Agreement. Such payment shall be the Service Provider's sole right and remedy for such termination. 7. Contract Sum. This is an open-end indefinite quantity Agreement with no fixed price. The actual amount of work to be performed will be stated on the individual Work Orders. The City makes no guarantee as to the number of Work Orders that may be issued or the actual amount of services which will in fact be requested. 8. Payments. a. The City agrees to pay and the Service Provider agrees to accept as full payment for all work done and all materials furnished and for all costs and expenses incurred in performance of the work the sums set forth for the hourly labor rate and material costs, with markups, stated within the Bid Schedule Proposal Form, attached hereto as DocuSign Envelope ID: E97D8401-61AF-4754-82CC-5E280E807776 Service Agreement – Work Order Type 7613 Miscellaneous Tree Work - Swingle Page 4 of 22 Exhibit "C", consisting of three (3) pages, and incorporated herein by this reference. Payment shall be made by the City only upon acceptance of the work by the City and upon the Service Provider furnishing satisfactory evidence of payment of all wages, taxes, supplies and materials, and other costs incurred in connection with the performance of such work. 9. City Representative. The City's representative will be shown on the specific Work Order and shall make, within the scope of his or her authority, all necessary and proper decisions with reference to the work requested. All requests concerning this Agreement shall be directed to the City Representative. 10. Independent Contractor. It is agreed that in the performance of any services hereunder, the Service Provider is an independent contractor responsible to the City only as to the results to be obtained in the particular work assignment and to the extent that the work shall be done in accordance with the terms, plans and specifications furnished by the City. 11. Subcontractors. Service Provider may not subcontract any of the Work set forth in the Exhibit A, Statement of Work without the prior written consent of the city, which shall not be unreasonably withheld. If any of the Work is subcontracted hereunder (with the consent of the City), then the following provisions shall apply: (a) the subcontractor must be a reputable, qualified firm with an established record of successful performance in its respective trade performing identical or substantially similar work, (b) the subcontractor will be required to comply with all applicable terms of this Agreement, (c) the subcontract will not create any contractual relationship between any such subcontractor and the City, nor will it obligate the City to pay or see to the payment of any subcontractor, and (d) the work of the subcontractor will be subject to inspection by the City to the same extent as the work of the Service Provider. DocuSign Envelope ID: E97D8401-61AF-4754-82CC-5E280E807776 Service Agreement – Work Order Type 7613 Miscellaneous Tree Work - Swingle Page 5 of 22 12. 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. 13. Acceptance Not Waiver. The City's approval or acceptance of, or payment for any of the services shall not be construed to operate as a waiver of any rights under the Agreement or of any cause of action arising out of the performance of this Agreement. 14. 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 DocuSign Envelope ID: E97D8401-61AF-4754-82CC-5E280E807776 Service Agreement – Work Order Type 7613 Miscellaneous Tree Work - Swingle Page 6 of 22 Provider in a manner and at a time acceptable to City. 15. 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. 16. 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. 17. Binding Effect. This writing, together with the exhibits hereto, constitutes the entire agreement between the parties and shall be binding upon said parties, their officers, employees, agents and assigns and shall inure to the benefit of the respective survivors, heirs, personal representative, successors and assigns of said parties. 18. 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. DocuSign Envelope ID: E97D8401-61AF-4754-82CC-5E280E807776 Service Agreement – Work Order Type 7613 Miscellaneous Tree Work - Swingle Page 7 of 22 c. Without limiting any of the Service Provider's obligations hereunder, the Service Provider shall provide and maintain insurance coverage naming the City as an additional insured under this Agreement of the type and with the limits specified within Exhibit "D", consisting of one (1) page, attached hereto and incorporated herein by this reference. The Service Provider before commencing services hereunder, shall deliver to the City's Director of Purchasing and Risk Management, 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. 19. 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. 20. Law/Severability. This Agreement shall be governed in all respect by the laws of the State of Colorado. In the event any provision of this Agreement shall be held invalid or unenforceable by any court of competent jurisdiction such holding shall not invalidate or render unenforceable any other provision of this Agreement. 21. 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 DocuSign Envelope ID: E97D8401-61AF-4754-82CC-5E280E807776 Service Agreement – Work Order Type 7613 Miscellaneous Tree Work - Swingle Page 8 of 22 “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 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 DocuSign Envelope ID: E97D8401-61AF-4754-82CC-5E280E807776 Service Agreement – Work Order Type 7613 Miscellaneous Tree Work - Swingle Page 9 of 22 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. 22. Special Provisions. Special provisions or conditions relating to the services to be performed pursuant to this Agreement are set forth in Exhibit E - Confidentiality, consisting of one (1) page, attached hereto and incorporated herein by this reference. DocuSign Envelope ID: E97D8401-61AF-4754-82CC-5E280E807776 Service Agreement – Work Order Type 7613 Miscellaneous Tree Work - Swingle Page 10 of 22 CITY OF FORT COLLINS, COLORADO a municipal corporation By: __________________________________ Gerry S. Paul Director of Purchasing and Risk Management Date:_________________________________ ATTEST: ____________________________ City Clerk APPROVED AS TO FORM: ____________________________ Assistant City Attorney SWINGLE LAWN, TREE & LANDSCAPE CARE By:____________________________________ _______________________________________ Print Name Title____________________________________ Date: _______________________________ DocuSign Envelope ID: E97D8401-61AF-4754-82CC-5E280E807776 Manager Tom Lynch 4/29/2014 5/5/2014 Service Agreement – Work Order Type 7613 Miscellaneous Tree Work - Swingle Page 11 of 22 EXHIBIT A WORK ORDER FORM PURSUANT TO AN AGREEMENT BETWEEN THE CITY OF FORT COLLINS AND DATED: Work Order Number: Purchase Order Number: Project Title: Commencement Date: Completion Date: Maximum Fee: (time and reimbursable direct costs): Project Description: Scope of Services: Professional agrees to perform the services identified above and on the attached forms in accordance with the terms and conditions contained herein and in the Professional Services Agreement between the parties. In the event of a conflict between or ambiguity in the terms of the Professional Services Agreement and this work order (including the attached forms) the Professional Services Agreement shall control. The attached forms consisting of ___ (_) pages are hereby accepted and incorporated herein, by this reference, and Notice to Proceed is hereby given. Professional By:_______________________________ Date:_____________________________ City of Fort Collins By:_________________________________ Project Manager Date: ______________________________ By: _______________________________ Gerry Paul Director of Purchasing and Risk Management (over $60,000.00) Date: ____________________________ DocuSign Envelope ID: E97D8401-61AF-4754-82CC-5E280E807776 Service Agreement – Work Order Type 7613 Miscellaneous Tree Work - Swingle Page 12 of 22 EXHIBIT B GENERAL SCOPE OF SERVICES SPECIFICATIONS 1. Job Description Perform tree maintenance work to enable street and sidewalk installation, maintenance and repair work. This will include, but is not limited to, root and tree pruning and removal operations. The specifications in this bid document are representative of much of the pruning and removal work required. However, some work may be assigned that will not be covered by these specifications. All City Service Areas, as well as the Poudre Fire Authority and the Housing Authority, will have access to the prices provided in this bid. This bid will be used to award work on a time and material basis. Contractors must have the ability to complete the project per standards and specifications in a timely manner. Even though City departments other than Forestry will be managing the projects this bid will be used on, City Forestry must be informed prior to any type of work occurring on City owned trees, and should be consulted prior to work occurring on privately owned trees. 2. General Information a. City staff will be available to assist all bidders in locating trees or job sites if needed. b. The City of Fort Collins will use the contractor with the lowest hourly rates and who can respond in the needed time frame. However, the City reserves the right to award work to any of the contractor’s based on the hourly prices provided. c. In order to submit a valid bid, each company must hold a valid Arborist License through the City of Ft Collins Forestry Division. They must also have completed work in the capacity specified in this document for the City of Fort Collins during the last two (2) years, OR, provide proof that they have at least one (1) person on staff that has the following certifications through the ISA (International Society of Arboriculture): 1) the general Arborist Certification; or 2) the Tree Worker/Climber Specialist Certification. d. Pruning and removal cuts shall be performed by an arborist or arborist trainee under the direct supervision of an arborist. These are generic titles based on competency and experience, but they need not be the actual position titles. Ground work (examples are stump or root grinding or brush hauling/chipping) does not need to be performed by an arborist or arborist trainee. e. Sub-contracting for pruning or removal work will not be allowed. The 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. f. 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, and pay for, acceptable repairs of such damages. g. 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 DocuSign Envelope ID: E97D8401-61AF-4754-82CC-5E280E807776 Service Agreement – Work Order Type 7613 Miscellaneous Tree Work - Swingle Page 13 of 22 h. Tree pruning and removal operations shall comply with all current federal, state and local laws and regulations. i. 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. j. 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 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. 3. Specifications Pertaining to Tree Removals a. Completely remove trees and debris, leaving the stump as low to the ground as possible. 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 City or 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 cautious than to risk causing harm or damage to persons, structures or property. g. At least one responsible 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. i. 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). DocuSign Envelope ID: E97D8401-61AF-4754-82CC-5E280E807776 Service Agreement – Work Order Type 7613 Miscellaneous Tree Work - Swingle Page 14 of 22 4. Specifications Pertaining to Pruning 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 ⅓ (minimum) to ½ (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. 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. f. Root pruning will occur in order to minimize root damage to a tree (or trees) on sites where roots are in severe conflict with other infrastructure such as sidewalks, roads surfaces or utilities. All root pruning cuts must be made using sharp equipment such as a hand or chainsaw. Root grinding will follow these same guidelines. g. 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 h. 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. i. 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. DocuSign Envelope ID: E97D8401-61AF-4754-82CC-5E280E807776 Service Agreement – Work Order Type 7613 Miscellaneous Tree Work - Swingle Page 15 of 22 5. Standards for Workmanship 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, preferably with the appropriate ISA certification credentials, shall be present at all times when work is being performed. 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 on most of the work covered by this bid. The contractor will not be responsible for paying the traffic control costs. 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. 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. 6. Contractor and Other Requirements a. The City retains the right to field test any contractor to determine that contract standards are being met. DocuSign Envelope ID: E97D8401-61AF-4754-82CC-5E280E807776 Service Agreement – Work Order Type 7613 Miscellaneous Tree Work - Swingle Page 16 of 22 b. All contractors must hold a current Arborist License with the City of Fort Collins in order to submit a valid bid. c. It is preferable that Owners, Operations Managers or Field Crew Supervisors of each contracting company hold current Arborist Certification with the International Society of Arboriculture (ISA). d. It is preferable that at least one person with the ISA Arborist Certification and the Tree Worker/Climber Specialist certification be on-site while pruning or removal work is occurring with a 2 or 3 person crew. It is preferable that each person performing pruning or removal work on trees have the ISA Arborist or the ISA Tree Worker Certification. e. The contractor can dispose of, or use, brush and logs in any acceptable manner except brush or logs of the Ulmus (elm) genus or of the Picea (spruce) genus which must be either chipped on site or hauled to the Larimer County Landfill. If, in the duration of this contract, a pest or another genus or species of tree represents a threat to community forest health, such wood will be disposed of in the recommended fashion. f. Successful contractors are expected to fully cooperate and coordinate all work activities with the appropriate City Representative. g. The City Representative will work to give successful contractor(s) advanced notice of work to be conducted. However, there are often times when an immediate response and mobilization may be required. h. Circumstances may arise that would necessitate the utilization of one or more (1), (2) or (3) person crews for longer periods of time. The extent and duration of such time frames would be negotiable. i. This contract may be used by City Service Areas other than Streets, Engineering or Forestry departments/divisions. j. Failure to comply with any portion of this document may be grounds for termination on a job and disqualification for consideration on future jobs awarded from this bid. 7. Definitions and Clarifications: Contractor – Any qualified company awarded work based on this bid. Intent of Bid - The intent of this bid is to provide hourly prices that will be used when departments other than the Forestry Division has need. The prices provided in this bid will be made available to the other Service Areas for their use. Qualifying Requirements – The intent for the qualifying experience statement is to ensure high quality work on this project. The terms of the requirements can apply to a company or to an individual based upon the discretion of the City Forestry and the project supervisor. Emergency Work – Any unscheduled work that needs a quick response and arises unexpectedly after normal work hours, on weekends or Holidays. Normal Work Hours – Any hours worked in a standard work day. A standard work day will normally be based on 8 hours, but may, upon mutual consent of contractor and the City, be set at 10 hours. Anything over 10 hours per day will be considered over-time for personnel. Whenever possible, the City will try and fill an 8 hour day with work for a contractor, but a full work day cannot be guaranteed for any contractor. DocuSign Envelope ID: E97D8401-61AF-4754-82CC-5E280E807776 Service Agreement – Work Order Type 7613 Miscellaneous Tree Work - Swingle Page 17 of 22 Awarding of Work – Work will be awarded based primarily upon the project need and how quickly a valid company can respond. Qualified companies that submit bids may be awarded work based on specific job requirements even if they are not the lowest priced contractor overall. Climber – As used in the bid schedule, the term climber implies that an arborist is qualified to operate and work from an aerial lift device as well as perform rope and saddle work in trees. DocuSign Envelope ID: E97D8401-61AF-4754-82CC-5E280E807776 Service Agreement – Work Order Type 7613 Miscellaneous Tree Work - Swingle Page 18 of 22 EXHIBIT C COMPENSATION DocuSign Envelope ID: E97D8401-61AF-4754-82CC-5E280E807776 Service Agreement – Work Order Type 7613 Miscellaneous Tree Work - Swingle Page 19 of 22 DEFINITIONS i. A normal work day would be based on 8 hours. The work day may be extended by mutual agreement between the contractor and the City, but such extra time would be billed at the normal hourly rate for that crew up to 10 hours. Over-time rates for personnel could be applied for any hours worked above 10 hours. Time for each job will start when a crew arrives at the work site and will end when they leave. Travel time will not be included when invoices are submitted to the City. Uncommon circumstances, such as work at a City facility well outside City limits, or a response to an emergency after normal work hours, may dictate that travel time would be included when billing. ii. Emergency rates will only be used if a contractor is called out after normal work hours, on a non-scheduled weekend or Holiday. Rates should reflect the cost of mobilization and over-time pay for personnel; hourly equipment costs shall not be increased. The billable hours for emergency work will commence when a crew leaves their shop or staging area and will end when the crew returns to the shop (based on the crew leaving the job site and going directly back to their shop or staging area). The travel time is equal to mobilization costs. iii. A 3 person crew includes 2 persons working in the trees, (climbing or lift truck) with 1 person acting as the ground crew to handle brush/cleanup. The hourly price shall incorporate equipment to support a 3 person crew with at least 1lift truck, plus a log loader truck or chipper & truck. iv. A 2 person crew includes 1 person working in the trees, (climbing or lift truck) with 1 person acting as the ground crew to handle brush/cleanup. The hourly price shall incorporate equipment to support a 2 person crew with at least 1lift truck, plus a log loader truck or chipper & truck. v. The breakout prices may be utilized to accomplish specific work objectives. vi. A log loader truck refers to any piece of powered equipment that is used for brush clean up or to load logs and debris from pruning or removal work. Examples would be a grapple truck or a small crane truck. vii. An hourly price for stump grinding is included in this bid as a pricing source for City departments who have need of a stump grinder and operator. DocuSign Envelope ID: E97D8401-61AF-4754-82CC-5E280E807776 Service Agreement – Work Order Type 7613 Miscellaneous Tree Work - Swingle Page 20 of 22 DocuSign Envelope ID: E97D8401-61AF-4754-82CC-5E280E807776 Service Agreement – Work Order Type 7613 Miscellaneous Tree Work - Swingle Page 21 of 22 EXHIBIT D INSURANCE REQUIREMENTS 1. The Service Provider will provide, from insurance companies acceptable to the City, the insurance coverage designated hereinafter and pay all costs. Before commencing work under this bid, the Service Provider shall furnish the City with certificates of insurance showing the type, amount, class of operations covered, effective dates and date of expiration of policies, and containing substantially the following statement: "The insurance evidenced by this Certificate will not be cancelled or materially altered, except after ten (10) days written notice has been received by the City of Fort Collins." In case of the breach of any provision of the Insurance Requirements, the City, at its option, may take out and maintain, at the expense of the Service Provider, such insurance as the City may deem proper and may deduct the cost of such insurance from any monies which may be due or become due the Service Provider under this Agreement. The City, its officers, agents and employees shall be named as additional insureds on the Service Provider's general liability and automobile liability insurance policies for any claims arising out of work performed under this Agreement. 2. Insurance coverages shall be as follows: A. Workers' Compensation & Employer's Liability. The Service Provider shall maintain during the life of this Agreement for all of the Service Provider's employees engaged in work performed under this agreement: 1. Workers' Compensation insurance with statutory limits as required by Colorado law. 2. Employer's Liability insurance with limits of $100,000 per accident, $500,000 disease aggregate, and $100,000 disease each employee. B. Commercial General & Vehicle Liability. The Service Provider shall maintain during the life of this Agreement such commercial general liability and automobile liability insurance as will provide coverage for damage claims of personal injury, including accidental death, as well as for claims for property damage, which may arise directly or indirectly from the performance of work under this Agreement. Coverage for property damage shall be on a "broad form" basis. The amount of insurance for each coverage, Commercial General and Vehicle, shall not be less than $500,000 combined single limits for bodily injury and property damage. In the event any work is performed by a subcontractor, the Service Provider shall be responsible for any liability directly or indirectly arising out of the work performed under this Agreement by a subcontractor, which liability is not covered by the subcontractor's insurance. DocuSign Envelope ID: E97D8401-61AF-4754-82CC-5E280E807776 No new insurance needed Service Agreement – Work Order Type 7613 Miscellaneous Tree Work - Swingle Page 22 of 22 EXHIBIT E CONFIDENTIALITY IN CONNECTION WITH SERVICES provided to the City of Fort Collins (the “City”) pursuant to this Agreement (the “Agreement”), the Professional hereby acknowledges that it has been informed that the City has established policies and procedures with regard to the handling of confidential information and other sensitive materials. In consideration of access to certain information, data and material (hereinafter individually and collectively, regardless of nature, referred to as “information”) that are the property of and/or relate to the City or its employees, customers or suppliers, which access is related to the performance of services that the Professional has agreed to perform, the Professional hereby acknowledges and agrees as follows: That information that has or will come into its possession or knowledge in connection with the performance of services for the City may be confidential and/or proprietary. The Professional agrees to treat as confidential (a) all information that is owned by the City, or that relates to the business of the City, or that is used by the City in carrying on business, and (b) all information that is proprietary to a third party (including but not limited to customers and suppliers of the City). The Professional shall not disclose any such information to any person not having a legitimate need-to-know for purposes authorized by the City. Further, the Professional shall not use such information to obtain any economic or other benefit for itself, or any third party, except as specifically authorized by the City. The foregoing to the contrary notwithstanding, the Professional understands that it shall have no obligation under this Agreement with respect to information and material that (a) becomes generally known to the public by publication or some means other than a breach of duty of this Agreement, or (b) is required by law, regulation or court order to be disclosed, provided that the request for such disclosure is proper and the disclosure does not exceed that which is required. In the event of any disclosure under (b) above, the Professional shall furnish a copy of this Agreement to anyone to whom it is required to make such disclosure and shall promptly advise the City in writing of each such disclosure. In the event that the Professional ceases to perform services for the City, or the City so requests for any reason, the Professional shall promptly return to the City any and all information described hereinabove, including all copies, notes and/or summaries (handwritten or mechanically produced) thereof, in its possession or control or as to which it otherwise has access. The Professional understands and agrees that the City’s remedies at law for a breach of the Professional’s obligations under this Confidentiality Agreement may be inadequate and that the City shall, in the event of any such breach, be entitled to seek equitable relief (including without limitation preliminary and permanent injunctive relief and specific performance) in addition to all other remedies provided hereunder or available at law. DocuSign Envelope ID: E97D8401-61AF-4754-82CC-5E280E807776 DocuSign Envelope ID: E97D8401-61AF-4754-82CC-5E280E807776