HomeMy WebLinkAboutMULTIPLE - CONTRACT - BID - 8503 TREE PRUNING, REMOVAL & MISCELLANEOUS TREE WO (3)SA WO – Fort Collins Tree Care
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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 FORT COLLINS TREE CARE, INC., hereinafter referred to as
"Service Provider".
WITNESSETH:
In consideration of the mutual covenants and obligations herein expressed, it is agreed by
and between the parties hereto as follows:
1. Services to be Performed.
a. This Agreement shall constitute the basic agreement between the parties for services
for 8503 Tree Pruning, Removal, and 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. No Work Order
shall exceed $60,000. A general scope of services is attached hereto as Exhibit “B”,
consisting of nine (9) pages, 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.
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4. Contract Period. This Agreement shall commence April 15, 2017 and shall continue in full
force and effect until April 14, 2018, 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. 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:
Fort Collins Tree Care, Inc.
Attn: Richard S. McCulloch
301 F Douglas Rd.
Fort Collins, CO 80524
FCTreeCare@cs.com
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
Exhibit "C", consisting of one (1) page, and incorporated herein by this reference.
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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
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City.
c. Service Provider warrants all equipment, materials, labor and other work, provided
under this Agreement, except City-furnished materials, equipment and labor, against
defects and nonconformances in design, materials and workmanship/workwomanship
for a period beginning with the start of the work and ending twelve (12) months from
and after final acceptance under the Agreement, regardless whether the same were
furnished or performed by Service Provider or by any of its subcontractors of any tier.
Upon receipt of written notice from City of any such defect or nonconformances, the
affected item or part thereof shall be redesigned, repaired or replaced by Service
Provider in a manner and at a time acceptable to City.
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 "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 Purchasing Director, P. O. Box 580, Fort Collins, Colorado 80522 one
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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
“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
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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.
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THE CITY OF FORT COLLINS, COLORADO
By:
Gerry Paul
Purchasing Director
DATE:
ATTEST:
APPROVED AS TO FORM:
FORT COLLINS TREE CARE, INC.
By:
Printed:
Title:
CORPORATE PRESIDENT OR VICE PRESIDENT
Date:
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president
Richard McCulloch
5/2/2017
Assistant City Attorney
5/3/2017
City Clerk
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EXHIBIT A
WORK ORDER FORM
PURSUANT TO AN AGREEMENT BETWEEN
THE CITY OF FORT COLLINS
AND
FORT COLLINS TREE CARE, INC.
AGREEMENT DATED: 4/15/17
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: ____________________________
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EXHIBIT B
GENERAL SCOPE OF SERVICES
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 Scope of
Services 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. Any such work
will be covered by specifications contained in the scope of services included with the work
order. All City Service Areas, as well as the Poudre Fire Authority and the Housing Authority,
will have access to the prices provided in this Agreement. This Agreement will be used to
award work on a time and material basis. Service Provider 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 Service Provider in locating trees or job sites if
needed.
b. The City of Fort Collins will use the Service Provider 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 Service Providers based on the hourly prices provided.
c. Service Provider 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. Service Provider 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 Service
Provider’s responsibility to conduct or facilitate acceptable repairs of such
damages at their expense.
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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 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
Service Provider as a viable contractor on this Agreement 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
Service Provider 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
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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 Service Provider’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.
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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. 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.
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b) Limbs of weak structure which are not important to the structural or aesthetic
framework of the tree.
c) Limbs forming multiple or co-dominant leaders, particularly those that are five
(5) inches or less in diameter, and have junctures with included bark. Select
the best leader and subordinate or remove those limbs that compete with that
leader.
d) Limbs which, if allowed to grow, would wedge in the junction of more important
branches where more than one scaffold branch arise from the same area of the
trunk. An example would be where three scaffold branches arise in close
proximity to each other on the trunk so that there is very little room for proper
branch collar development as each branch grows in diameter.
e) Limbs with twigs and foliage that obstruct the development of a more desirable
branch.
f) Smaller limbs and twigs near the end of supporting branches which contribute
to excessive weight or wind resistance at the branch end, or prevent adequate
light penetration to the interior of the canopy.
g) Undesirable adventitious shoots, suckers and water sprouts in the bottom 1/3
of the crown.
h) Remove stubs or broken limbs back to developing branches or leaders.
i) Subordinate or remove limbs that compete with the developing leader or a
more desirable branch.
j) Selectively prune branches which project significantly beyond the symmetrical
form of the canopy.
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
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to the absence) to the Senior Urban Forester or other appropriate Forestry staff as
soon as possible.
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 Service Provider 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 the Service Provider. The City will not be held liable for the condition of any
of Service Provider’s tools or equipment.
7) Service Provider 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 Service Provider 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. Other Requirements
a. Service Provider must have at least three (3) years of experience pruning and removing
trees larger than 30 inches in diameter. Service Provider 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 Service Provider to determine that contract
pruning standards will be met.
b. Service Provider must hold a current Arborist License with the City of Fort Collins in
order to submit a valid bid.
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c. Owners, Operations Managers or Field Crew Supervisors of Service Provider must hold
current Arborist Certification with the International Society of Arboriculture (ISA) and
provide their certification numbers.
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. Service Provider 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. Service Provider is 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 Service Provider 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:
Intent of Agreement - The intent of this Agreement 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,
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Streets and Natural Areas often have need for contracted tree or shrub work. The prices
provided in this Agreement will be made available to the other Service Areas for their use.
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 Service Provider is called out after normal work hours, on a non-scheduled
weekend or Holiday. Rates 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 Service Provider 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
Service Provider, but a full work day cannot be guaranteed for any Service Provider.
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. Other 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 – 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
incorporates 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
incorporates 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 incorporates
equipment to support a 2 person crew with at least 1lift truck, plus a log loader truck or
chipper & truck.
If Service Provider desires 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.
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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.
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EXHIBIT C
COMPENSATION
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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 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.
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