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HomeMy WebLinkAboutBID - 8503 TREE PRUNING, REMOVAL & MISCELLANEOUS TREE WORK (2)BID 8503 Tree Pruning, Removal and Miscellaneous Tree Work Page 1 of 21 INVITATION TO BID 8503 TREE PRUNING, REMOVAL & MISCELLANEOUS TREE WORK BID OPENING: 3:00 P.M. (our clock), APRIL 5, 2017 The City of Fort Collins is requesting bids from firms for community forestry maintenance work which includes, but not limited to, tree pruning and removal operations of City-owned trees. Sealed bids will be received and publicly opened at the office of the Director of Purchasing and Risk Management, PO Box 580, 215 North Mason St., 2nd floor, Fort Collins, Colorado 80522, at the time and date noted on the bid proposal and/or contract documents. If delivered, they are to be sent to 215 North Mason Street, 2nd Floor, Fort Collins, Colorado 80524. If mailed, the address is P.O. Box 580, Fort Collins, 80522-0580. Bids must be received at the Purchasing Office prior to 3:00 p.m. (our clock), April 5, 2017. The City encourages all disadvantaged business enterprises to submit bid in response to all invitations to bid. No individual or business will be discriminated against on the grounds of race, color, sex, or national origin. It is the City’s policy to create a level playing field on which DBEs can compete fairly and to ensure nondiscrimination in the award and administration of all contracts. Questions concerning the scope of the bid should be directed to Project Manager, Ralph Zentz at (970) 221-6302 or rzentz@fcgov.com. Questions regarding bid submittal or process should be directed to Ed Bonnette, CPPB, CPM, Senior Buyer at (970) 416-2247 or ebonnette@fcgov.com. All questions must be submitted in writing via email to Ralph Zentz , with a copy to Ed Bonnette, no later than 5:00 PM our clock on March 22, 2017. Questions received after this deadline will not be answered. A copy of the Bid may be obtained at http://www.bidnetdirect.com/colorado/city-of-fort-collins. Special Instructions All bids must be properly signed by an authorized representative of the company with the legal capacity to bind the company to the agreement. Bids may be withdrawn up to the date and hour set for closing. Once bids have been accepted by the City and closing has occurred, failure to enter into contract or honor the purchase order will be cause for removal of supplier's name from the City of Fort Collins' bidders list for a period of twelve months from the date of the opening. The City may also pursue any remedies available at law or in equity. Bid prices must be held firm for a period of forty-five (45) days after bid openings. Submission of a bid is deemed as acceptance of all terms, conditions and specifications contained in the City's specifications initially provided to the bidder. Any proposed modification must be accepted in writing by the City prior to award of the bid. Financial Services Purchasing Division 215 N. Mason St. 2nd Floor PO Box 580 Fort Collins, CO 80522 970.221.6775 970.221.6707 fcgov.com/purchasing BID 8503 Tree Pruning, Removal and Miscellaneous Tree Work Page 2 of 21 Only bids properly received by the Purchasing Office will be accepted. All bids should be clearly identified by the bid number and bid name contained in the bid proposal. No proposal will be accepted from, or any purchase order awarded, to any person, firm or corporation in default on any obligation to the City. Bids must be furnished exclusive of any federal excise tax, wherever applicable. Bidders must be properly licensed and secure necessary permits wherever applicable. The City may elect where applicable, to award bids on an individual item/group basis or on a total bid basis, whichever is most beneficial to the City. The City reserves the right to accept or reject any and all bids, and to waive any irregularities or informalities. Sales prohibited/conflict of interest: no officer, employee, or member of City Council, shall have a financial interest in the sale to the City of any real or personal property, equipment, material, supplies or services where such officer or employee exercises directly or indirectly any decision- making authority concerning such sale or any supervisory authority over the services to be rendered. This rule also applies to subcontracts with the City. Soliciting or accepting any gift, gratuity, favor, entertainment, kickback or any items of monetary value from any person who has or is seeking to do business with the City of Fort Collins is prohibited. Freight terms: unless otherwise noted, all freight is F.O.B. Destination, Freight Prepaid. All freight charges must be included in prices submitted on proposal. Discounts: any discounts allowed for prompt payment, etc., must be reflected in bid figures and not entered as separate pricing on the proposal form. Purchasing restrictions: your authorized signature of this bid assures your firm's compliance with the City's purchasing restrictions. A copy of the resolutions is available for review in the Purchasing Office or the City Clerk's Office. Request Resolution 91-121 for cement restrictions. Collusive or sham bids: any bid deemed to be collusive or a sham bid will be rejected and reported to authorities as such. Your authorized signature of this bid assures that such bid is genuine and is not a collusive or sham bid. Bid results are posted online at www.bidnetdirect.com/colorado/city-of-fort-collins under the project number and name. Gerry Paul Purchasing Director BID 8503 Tree Pruning, Removal and Miscellaneous Tree Work Page 3 of 21 CITY OF FORT COLLINS BID PROPOSAL 8503 Tree Pruning, Removal, and Miscellaneous Tree Work BID OPENING (April 5, 2017, 3:00PM) WE HEREBY ENTER OUR BID FOR THE CITY OF FORT COLLINS' REQUIREMENTS FOR TREE PRUNING, REMOVAL, and MISCELLANEOUS TREE WORK ANNUAL PER THE BID INVITATION AND ANY REFERENCED SPECIFICATIONS: The City of Fort Collins is requesting bids for community forestry maintenance work which includes, but not limited to, tree pruning and removal operations of City-owned trees. 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. All work will be issued by work orders. The City Forestry Department representative reserves the right to issue work orders to the most productive contractor who performs to specification. In order to submit a valid bid, each company must provide, with their bid, proof that they have at least one (1) person on staff that has the following certifications through the International Society of Arboriculture (ISA) : 1) general Arborist Certification; and 2) Tree Worker/Climber Specialist Certification. The City of Fort Collins will use the contractor with the lowest hourly rates based on a four (4) person crew with equipment on most jobs, but reserves the right to award to the top five (5) contractors. This is a one year agreement but, 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. Written notice of renewal shall be provided to the Service Provider and mailed no later than 90 days prior to contract end. Awarded contractor(s) must sign the attached Services Agreement and provide insurance as required. COMMODITY CODES USED FOR THIS BID: 98888 Tree Trimming and Pruning Services 96888 Tree and Shrub Removal Services BID 8503 Tree Pruning, Removal and Miscellaneous Tree Work Page 4 of 21 8503 TREE PRUNING, REMOVAL & MISCELLANEOUS TREE WORK 2017 BID SCHEDULE Normal Rate Emergency Rate Hourly Rate for a four (4) person crew with equipment (3) climbers and (1) ground person1 (1) aerial lift truck (minimum 55 ft working height) (1) chipper and truck (must handle at least a 9” diameter log) or (1) log-loader trailer or truck = $____________ $____________ Hourly Rate for a three (3) person crew with equipment (2) climbers and (1) ground person (1) aerial lift truck (minimum 55 ft. working height) (1) chipper and truck (must handle at least a 9” diameter log) or (1) log-loader trailer or truck = $____________ $____________ Hourly Rate for a two (2) person crew with equipment (2) climbers and (1) ground person (1) aerial lift truck (minimum 55 ft. working height) (1) chipper and truck (must handle at least a 9” diameter log) or (1) log-loader trailer or truck = $____________ $____________ Extra price per hour costs : Tree Climber = $____________ $____________ Ground Worker = $____________ $____________ Chipper & Truck Operator = $____________ $____________ Lift Truck & Operator = $____________ $____________ Log Loader Truck & Operator = $____________ $____________ Crane Truck & Operator = $____________ $____________ Stump Grinder & Operator (stump grinder > 50 HP) = $____________ $____________ Stump Grinder & Operator (stump grinder < 50 HP) = $____________ $____________ ADDITIONALLY: Provide an equipment list with hourly prices including an operator. *Describe the type of log-loader truck included in your bid: ISA Certification # Firm Name: Signature: Printed: Address: Phone: Email: 1 Please note that 3 climbers can be reduced to 2 if an extra aerial lift device is used. The overall cost for a 4 person crew will not change; this is just an option based on the needs of each job. BID 8503 Tree Pruning, Removal and Miscellaneous Tree Work Page 5 of 21 8503 TREE PRUNING, REMOVAL & MISCELLANEOUS TREE WORK SPECIFICATIONS 1. Job Description Perform community forestry maintenance work which includes, but is not limited to, tree pruning and removal operations of City-owned trees. 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, as determined by City Forestry, to complete the project per standards and specifications in a timely manner. 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 based on a 4 person crew with equipment on most jobs. 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 provide proof that they have at least one person on staff that has the following certifications through the International Society of Arboriculture (ISA): 1) general Arborist Certification; and 2) Tree Worker/Climber Specialist Certification. A person, or persons, having these credentials must be on site as tree removal or pruning work is being performed [see provision 6. a. (4) and 7. c. and d. in this document]. 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 (an example is brush hauling/chipping) does not need to be performed by an arborist or arborist trainee. e. 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. 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 acceptable repairs of such damages at their expense. 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 BID 8503 Tree Pruning, Removal and Miscellaneous Tree Work Page 6 of 21 most recent edition of ANSI Z133.1 for Arboricultural Operations-Safety Requirements. h. Tree pruning and removal operations shall comply with all current federal, state and local laws and regulations. i. 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 Forestry representative 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. j. 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 completed as necessary. k. 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. l. 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 Senior Urban 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 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. BID 8503 Tree Pruning, Removal and Miscellaneous Tree Work Page 7 of 21 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 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). The City Forestry representative has the authority to approve alternate drop off points for logs and brush from these and other species ( examples: the Hoffman-Mill site or a lumber milling site). 4. Specifications Pertaining to Pruning of Trees a. No tree shall be cut in such a manner that its 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 Senior Urban 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. BID 8503 Tree Pruning, Removal and Miscellaneous Tree Work Page 8 of 21 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. 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. 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 ¾ inch or greater diameter. This specification may change based on the objectives of each project as determined by the Forestry representative. 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 ½ inch in diameter, should be included in the thinning process to reduce the chance of excess loading. The ½ 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. BID 8503 Tree Pruning, Removal and Miscellaneous Tree Work Page 9 of 21 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. 6. 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 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 Senior Urban Forester or other appropriate Forestry staff as soon as possible. BID 8503 Tree Pruning, Removal and Miscellaneous Tree Work Page 10 of 21 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 Senior Urban 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. 7. Contractor and Other Requirements a. Contractors must have at least three (3) years of experience pruning and removing trees larger than 30 inches in diameter. Contractors must have successfully completed jobs similar to this bid in terms of specifications, in the past three (3) years. The City retains the right to field test any contractor to determine that contract pruning standards will be met. b. All contractors must hold a current Arborist License with the City of Fort Collins in order to submit a valid bid. c. Owners, Operations Managers or Field Crew Supervisors of each contracting company must hold current Arborist Certification with the International Society of Arboriculture (ISA) and provide their certification numbers in order to submit a valid bid. BID 8503 Tree Pruning, Removal and Miscellaneous Tree Work Page 11 of 21 d. At least one person with the ISA Arborist Certification and the Tree Worker/Climber Specialist certification will need to be on-site while tree pruning or removal work is occurring with a 3 or 4 person crew. A 2 person crew must have at least one ISA Certified Arborist or Certified Tree Worker/Climber Specialist on site while pruning or removal work is being performed. It is preferable that each person performing pruning or removal work on trees have the ISA Arborist or the ISA Tree Worker Certification. Exceptions to the certification requirements must be authorized by City Forestry prior to the start of pruning or removal work. 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 Assistant City Forester or appropriate City representative. g. City Forestry will work to give successful contractor(s) advanced notice of work to be conducted. However, there are times when an immediate response and mobilization may be required. h. Circumstances may arise that would necessitate the utilization of one or more (2), (3) or (4) 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 Forestry. 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. k. Cooperative Language: The City of Fort Collins allows other Public Agencies the opportunity to purchase off the Award for this Bid, at the option of the Awarded Vendor(s). Other public agencies that are members of the Colorado Multiple Assembly of Procurement Officials (MAPO) cooperative purchasing group that have indicated a desire to participate in any resulting awards as a potential cooperative user include: Poudre School District 8. 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 the Forestry Division has need. However, other City Service Area departments or divisions such as Neighborhood Services, Engineering, Traffic, Utilities, Streets and Natural Areas often have need for contracted tree or shrub work. 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 BID 8503 Tree Pruning, Removal and Miscellaneous Tree Work Page 12 of 21 company or to an individual based upon the discretion of the City Forester. Emergency Work – Any unscheduled work that needs a quick response and arises unexpectedly after normal work hours, on weekends or Holidays. 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. 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. Awarding of Work – Work will be awarded by City Forestry based primarily upon the 4, 3 or 2 person crew prices provided, but may include other equipment and crew combinations based upon the bid schedule. Qualified companies that submit bids may be awarded work based on specific job requirements even if they are not the lowest priced contractor overall. For example, the three lowest priced contractors may be awarded work on the same job in order to complete the work in a given time frame. 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. Pruning Crew Clarifications 4 person pruning crew includes 3 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 4 person crew with at least 1 aerial lift truck, plus a log loader truck or chipper & truck. 3 person pruning 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. 2 person pruning 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. Any contractor desiring to provide extra workers, in excess of the four person crew, must receive authorization from City Forestry prior to each job. The breakout prices may be utilized to accomplish specific work objectives. BID 8503 Tree Pruning, Removal and Miscellaneous Tree Work Page 13 of 21 Log Loader Truck 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. Stump Grinding 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. BID 8503 Tree Pruning, Removal and Miscellaneous Tree Work Page 14 of 21 (Sample only) 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 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 . The conditions set forth herein shall apply to all services performed by the Service Provider on behalf of the City and particularly described in Work Orders agreed upon in writing by the parties from time to time. Such Work Orders, a sample of which is attached hereto as Exhibit "A", consisting of one (1) page and incorporated herein by this reference, shall include a description of the services to be performed, the location and time for performance, the amount of payment, any materials to be supplied by the City and any other special circumstances relating to the performance of services. No Work Order shall exceed $ . A general scope of services is attached hereto as Exhibit “B”, consisting of ( ) page , and incorporated herein by this reference. 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, 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 , 200 and shall continue in full force and effect until , 200 , unless sooner terminated as herein provided. In addition, at the option of the City, the Agreement may be extended for additional one year periods not to exceed ( ) additional one year periods. Renewals and BID 8503 Tree Pruning, Removal and Miscellaneous Tree Work Page 15 of 21 pricing changes shall be negotiated by and agreed to by both parties. Written notice of renewal shall be provided to the Service Provider and mailed no later than thirty (30) days prior to contract end. 5. Delay. If either party is prevented in whole or in part from performing its obligations by unforeseeable causes beyond its reasonable control and without is fault or negligence, then the party so prevented shall be excused from whatever performance is prevented by such cause. To the extent that the performance is actually prevented, the Service Provider must provide written notice to the City of such condition within fifteen (15) days from the onset of such condition. 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: Attn: City of Fort Collins Attn: 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 Exhibit " ", consisting of ( ) page , and incorporated herein by this reference. BID 8503 Tree Pruning, Removal and Miscellaneous Tree Work Page 16 of 21 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. 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 BID 8503 Tree Pruning, Removal and Miscellaneous Tree Work Page 17 of 21 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. 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. 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 " ", 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 Purchasing Director, 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. BID 8503 Tree Pruning, Removal and Miscellaneous Tree Work Page 18 of 21 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 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. BID 8503 Tree Pruning, Removal and Miscellaneous Tree Work Page 19 of 21 THE CITY OF FORT COLLINS, COLORADO By: Gerry Paul Purchasing Director DATE: ATTEST: APPROVED AS TO FORM: SERVICE PROVIDER'S NAME By: Printed: Title: CORPORATE PRESIDENT OR VICE PRESIDENT Date: BID 8503 Tree Pruning, Removal and Miscellaneous Tree Work Page 20 of 21 EXHIBIT A WORK ORDER FORM PURSUANT TO AN AGREEMENT BETWEEN THE CITY OF FORT COLLINS AND AGREEMENT DATED: Work Order Number: Purchase Order Number: Project Title: Commencement Date: Completion Date: Maximum Fee: (time and reimbursable direct costs): Project Description: Scope of Services: Service Provider agrees to perform the services identified above and on the attached forms in accordance with the terms and conditions contained herein and in the Services Agreement between the parties. In the event of a conflict between or ambiguity in the terms of the Services Agreement and this Work Order (including the attached forms) the Services Agreement shall control. The attached forms consisting of ___ (_) pages are hereby accepted and incorporated herein, by this reference, and Notice to Proceed is hereby given. SERVICE PROVIDER By:_______________________________ Date:_____________________________ CITY OF FORT COLLINS By:_________________________________ Project Manager Date: ______________________________ By: _______________________________ Gerry Paul Purchasing Director (over $60,000.00) Date: ____________________________ BID 8503 Tree Pruning, Removal and Miscellaneous Tree Work Page 21 of 21 EXHIBIT 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 reduce coverage or limits and will not be cancelled, except after thirty (30) 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 $1,000,000 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.