Loading...
HomeMy WebLinkAbout276712 FINE TREE SERVICE INC - CONTRACT - SOLE SOURCE - FINE TREE SERVICE, INCSERVICES 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 FINE TREE SERVICE, 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 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 eight (8) 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. Services Agreement - Work Order Type SS 2017 - Tree Pruning & Misc Tree Work Page 1 of 18 DocuSign Envelope ID: 3325D3E0-A05C-43A3-AC92-DAFD5ADEDD8B 4. Contract Period. This Agreement shall commence October 30, 2017 and shall continue in full force and effect until December 31, 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: Fine Tree Service, Inc. Attn: Josh Fine 3060 Lake Canal Ct Fort Collins, CO 80524 josh@finetrees.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 Pricing Schedule, attached hereto as Exhibit "C", consisting of two (2) pages, and incorporated herein by this reference. Services Agreement - Work Order Type SS 2017 - Tree Pruning & Misc Tree Work Page 2 of 18 DocuSign Envelope ID: 3325D3E0-A05C-43A3-AC92-DAFD5ADEDD8B 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. Services Agreement - Work Order Type SS 2017 - Tree Pruning & Misc Tree Work Page 3 of 18 DocuSign Envelope ID: 3325D3E0-A05C-43A3-AC92-DAFD5ADEDD8B 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 non-conformances 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 non-conformances, 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 copy of a certificate evidencing the insurance coverage required from an insurance company acceptable to the city. Services Agreement - Work Order Type SS 2017 - Tree Pruning & Misc Tree Work Page 4 of 18 DocuSign Envelope ID: 3325D3E0-A05C-43A3-AC92-DAFD5ADEDD8B 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 subcontractor provides information to establish that the subcontractor has not knowingly employed or contracted with an illegal alien. Services Agreement - Work Order Type SS 2017 - Tree Pruning & Misc Tree Work Page 5 of 18 DocuSign Envelope ID: 3325D3E0-A05C-43A3-AC92-DAFD5ADEDD8B 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. THE CITY OF FORT COLLINS, COLORADO By: Gerry Paul Purchasing Director DATE: ATTEST: APPROVED AS TO FORM: FINE TREE SERVICE, INC. By: Printed: Title: CORPORATE PRESIDENT OR VICE PRESIDENT Date: Services Agreement - Work Order Type SS 2017 - Tree Pruning & Misc Tree Work Page 6 of 18 DocuSign Envelope ID: 3325D3E0-A05C-43A3-AC92-DAFD5ADEDD8B 11/6/2017 President Josh Fine Assistant City Attorney 11/8/2017 City Clerk EXHIBIT A WORK ORDER FORM PURSUANT TO AN AGREEMENT BETWEEN THE CITY OF FORT COLLINS AND FINE TREE SERVICE, INC. AGREEMENT DATED: 10/30/17 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: ____________________________ Services Agreement - Work Order Type SS 2017 - Tree Pruning & Misc Tree Work Page 7 of 18 DocuSign Envelope ID: 3325D3E0-A05C-43A3-AC92-DAFD5ADEDD8B 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 Fine Tree Service as a sole source provider on specific work sites based on need for specialized equipment. Such work will most often consist of pruning and removal of very large trees with the use of a crane and very large wood chipper (currently a 24 inch wood chipper). c. 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. d. 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. e. 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. f. 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. Services Agreement - Work Order Type SS 2017 - Tree Pruning & Misc Tree Work Page 8 of 18 DocuSign Envelope ID: 3325D3E0-A05C-43A3-AC92-DAFD5ADEDD8B g. Tree pruning and removal operations shall comply with all current federal, state and local laws and regulations. h. 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. i. During an emergency, tree work often needs to be performed as quickly as possible. At such times, it may be necessary, because of safety and the urgency of the operation, to deviate from the use of proper pruning techniques as defined in this standard. Following the emergency, corrective pruning should be completed as necessary. j. Safety of the work crews and the public (persons & property) are of primary concern. However, quality application of industry pruning standards is also extremely important. Tree work crews of any licensed arborist company shall stop work on a job site when directed by City Forestry staff for possible violations of the safety, pruning or topping standards. Work shall remain stopped until the possible violation is discussed and/or corrected. Repeated violations may result in the termination of the Service Provider as a viable contractor on this Agreement and other bids. Damages may be assessed for improper pruning. k. 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 operation is completed. Under no condition shall the accumulation of brush, limbs, logs or other debris be allowed to result in a hazardous condition. Services Agreement - Work Order Type SS 2017 - Tree Pruning & Misc Tree Work Page 9 of 18 DocuSign Envelope ID: 3325D3E0-A05C-43A3-AC92-DAFD5ADEDD8B 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. 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. Services Agreement - Work Order Type SS 2017 - Tree Pruning & Misc Tree Work Page 10 of 18 DocuSign Envelope ID: 3325D3E0-A05C-43A3-AC92-DAFD5ADEDD8B 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. 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. Services Agreement - Work Order Type SS 2017 - Tree Pruning & Misc Tree Work Page 11 of 18 DocuSign Envelope ID: 3325D3E0-A05C-43A3-AC92-DAFD5ADEDD8B 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. 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 Services Agreement - Work Order Type SS 2017 - Tree Pruning & Misc Tree Work Page 12 of 18 DocuSign Envelope ID: 3325D3E0-A05C-43A3-AC92-DAFD5ADEDD8B 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) The 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 hold a current Arborist License with the City of Fort Collins. b. It is desirable for Owners, Operations Managers or Field Crew Supervisors or other appropriate field staff of Service Provider to hold a current Arborist Certification with the International Society of Arboriculture (ISA). c. It is preferred that at least one person with the ISA Arborist Certification and the Tree Worker/Climber Specialist certification be on-site while tree pruning or removal work is occurring d. Service Provider can dispose of brush and logs from City projects at the Hoffman- Mill Wood Lot Site. All logs must be cut to a 4ft length prior to being dumped at the wood lot unless other arrangements have been made. Exceptions may include making Services Agreement - Work Order Type SS 2017 - Tree Pruning & Misc Tree Work Page 13 of 18 DocuSign Envelope ID: 3325D3E0-A05C-43A3-AC92-DAFD5ADEDD8B arrangements for millable log lengths. If, in the duration of this contract, a pest or genus or species of tree represents a threat to community forest health, such wood will be disposed of in the recommended fashion. e. Service Provider is expected to fully cooperate and coordinate all work activities with the Assistant City Forester or appropriate City representative. f. 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. g. 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. h. 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. i. 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 specialized services that will be used when the Forestry Division has need. 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 – Work hours begin when the contract crew arrives on the job site; travel time to and from the contractor’s shop will not count as work time. 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. Services Agreement - Work Order Type SS 2017 - Tree Pruning & Misc Tree Work Page 14 of 18 DocuSign Envelope ID: 3325D3E0-A05C-43A3-AC92-DAFD5ADEDD8B Awarding of Work –This is a sole source Service Agreement. 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. 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. Services Agreement - Work Order Type SS 2017 - Tree Pruning & Misc Tree Work Page 15 of 18 DocuSign Envelope ID: 3325D3E0-A05C-43A3-AC92-DAFD5ADEDD8B EXHIBIT C PRUNING, REMOVAL & MISCELLANEOUS TREE WORK PRICING SCHEDULE Normal Rate Emergency Rate Hourly Rate for a full crew with equipment (1) operator and (1) 55 ton crane ($200/hr) (1) 24” diameter wood chipper and (1) operator ($200/hr) (1) 75 Ft aerial lift truck and (1) operator ($150/hr) (1) log-loader truck and (1) operator ($150/hr) = $_____$700___ $_____NA______ Services Agreement - Work Order Type SS 2017 - Tree Pruning & Misc Tree Work Page 16 of 18 DocuSign Envelope ID: 3325D3E0-A05C-43A3-AC92-DAFD5ADEDD8B Services Agreement - Work Order Type SS 2017 - Tree Pruning & Misc Tree Work Page 17 of 18 DocuSign Envelope ID: 3325D3E0-A05C-43A3-AC92-DAFD5ADEDD8B 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. Services Agreement - Work Order Type SS 2017 - Tree Pruning & Misc Tree Work Page 18 of 18 DocuSign Envelope ID: 3325D3E0-A05C-43A3-AC92-DAFD5ADEDD8B New insurance The ACORD name and logo are registered marks of ACORD CERTIFICATE HOLDER © 1988-2014 ACORD CORPORATION. All rights reserved. ACORD 25 (2014/01) AUTHORIZED REPRESENTATIVE CANCELLATION CERTIFICATE OF LIABILITY INSURANCE DATE (MM/DD/YYYY) JECT LOC POLICY PRO- GEN'L AGGREGATE LIMIT APPLIES PER: CLAIMS-MADE OCCUR COMMERCIAL GENERAL LIABILITY PREMISES DAMAGE TO (Ea RENTED occurrence) $ EACH OCCURRENCE $ MED EXP (Any one person) $ PERSONAL & ADV INJURY $ GENERAL AGGREGATE $ PRODUCTS - COMP/OP AGG $ DED RETENTION $ CLAIMS-MADE OCCUR $ AGGREGATE $ UMBRELLA LIAB EACH OCCURRENCE $ EXCESS LIAB DESCRIPTION OF OPERATIONS / LOCATIONS / VEHICLES (ACORD 101, Additional Remarks Schedule, may be attached if more space is required) INSR LTR TYPE OF INSURANCE POLICY NUMBER POLICY EFF (MM/DD/YYYY) POLICY EXP (MM/DD/YYYY) LIMITS PER STATUTE OTH- ER E.L. EACH ACCIDENT E.L. DISEASE - EA EMPLOYEE E.L. DISEASE - POLICY LIMIT $ $ $ ANY PROPRIETOR/PARTNER/EXECUTIVE If DESCRIPTION yes, describe under OF OPERATIONS below OFFICER/(Mandatory MEMBER in NH) EXCLUDED? WORKERS COMPENSATION AND EMPLOYERS' LIABILITY Y / N AUTOMOBILE LIABILITY ANY AUTO ALL OWNED SCHEDULED HIRED AUTOS NON-OWNED AUTOS AUTOS AUTOS COMBINED SINGLE LIMIT BODILY INJURY (Per person) BODILY INJURY (Per accident) PROPERTY DAMAGE $ $ $ $ THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. 11/08/2017 Colorado Insurance Advisors LLC 323 West Drake Road #104 Fort Collins CO 80526 FC Rep - CL (970)204-0044 (970)282-8848 bizservice@ciadvs.com FINE TREE SERVICE, INC. / JOSHUA TREE REALTY, LLC 3060 LAKE CANAL CT. FORT COLLINS CO 80524 Hartford Fire Insurance Company 19682 Pinnacol Assurance 2017-2018 A Y 34UUNOK3143 07/05/2017 07/05/2018 1,000,000 300,000 10,000 1,000,000 2,000,000 2,000,000 A Y 34UUNOK3143 07/05/2017 07/05/2018 1,000,000 Underinsured motorist 1,000,000 B Y 4083365 07/01/2017 07/01/2018 1,000,000 1,000,000 1,000,000 Certificate holder is listed as an Additional Insured with respect to their interest in the ongoing operations of the named insured under the General Liability, as required by written contract. Certificate holder is listed as an Additional Insured with respect to the Auto Liability, as required by written contract. City of Fort Collins 413 S. Bryan Ave. Fort Collins CO 80521 SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS. INSURER(S) AFFORDING COVERAGE INSURER F : INSURER E : INSURER D : INSURER C : INSURER B : INSURER A : NAIC # NAME: CONTACT (A/C, No): FAX E-MAIL ADDRESS: PRODUCER (A/C, No, Ext): PHONE INSURED COVERAGES CERTIFICATE NUMBER: REVISION NUMBER: IMPORTANT: If the certificate holder is an ADDITIONAL INSURED, the policy(ies) must have ADDITIONAL INSURED provisions or be endorsed. If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER. OTHER: (Per accident) (Ea accident) $ $ N / A SUBR WVD ADDL INSD THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. $ $ $ PROPERTY DAMAGE $ BODILY INJURY (Per accident) BODILY INJURY (Per person) COMBINED SINGLE LIMIT AUTOS ONLY AUTOS ONLY AUTOS NON-OWNED OWNED SCHEDULED ANY AUTO AUTOMOBILE LIABILITY Y / N WORKERS COMPENSATION AND EMPLOYERS' LIABILITY OFFICER/MEMBER EXCLUDED? (Mandatory in NH) DESCRIPTION OF OPERATIONS below If yes, describe under ANY PROPRIETOR/PARTNER/EXECUTIVE $ $ $ E.L. DISEASE - POLICY LIMIT E.L. DISEASE - EA EMPLOYEE E.L. EACH ACCIDENT ER OTH- STATUTE PER (MM/DD/YYYY) LIMITS POLICY EXP (MM/DD/YYYY) POLICY EFF LTR TYPE OF INSURANCE POLICY NUMBER INSR DESCRIPTION OF OPERATIONS / LOCATIONS / VEHICLES (ACORD 101, Additional Remarks Schedule, may be attached if more space is required) EXCESS LIAB UMBRELLA LIAB EACH OCCURRENCE $ AGGREGATE $ $ OCCUR CLAIMS-MADE DED RETENTION $ PRODUCTS - COMP/OP AGG $ GENERAL AGGREGATE $ PERSONAL & ADV INJURY $ MED EXP (Any one person) $ EACH OCCURRENCE $ DAMAGE TO RENTED PREMISES (Ea occurrence) $ COMMERCIAL GENERAL LIABILITY CLAIMS-MADE OCCUR GEN'L AGGREGATE LIMIT APPLIES PER: POLICY PRO- JECT LOC CERTIFICATE OF LIABILITY INSURANCE DATE (MM/DD/YYYY) CANCELLATION AUTHORIZED REPRESENTATIVE ACORD 25 (2016/03) © 1988-2015 ACORD CORPORATION. All rights reserved. CERTIFICATE HOLDER The ACORD name and logo are registered marks of ACORD HIRED AUTOS ONLY DocuSign Envelope ID: 3325D3E0-A05C-43A3-AC92-DAFD5ADEDD8B ADDL INSD SWUVBDR N / A $ $ (Ea accident) (Per accident) OTHER: THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER. IMPORTANT: If the certificate holder is an ADDITIONAL INSURED, the policy(ies) must be endorsed. If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). COVERAGES CERTIFICATE NUMBER: REVISION NUMBER: INSURED (PHONEA/C, No, Ext): PRODUCER ADDRESS: E-MAIL FAX (A/C, No): CONTACT NAME: NAIC # INSURER A : INSURER B : INSURER C : INSURER D : INSURER E : INSURER F : INSURER(S) AFFORDING COVERAGE SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS. INS025 (201401) 7/10/2017 Colorado Insurance Advisors LLC 323 West Drake Road #104 Fort Collins CO 80526 Crystal van Eekhout (970)204-0044 (970)282-8848 bizservice@ciadvs.com FINE TREE SERVICE, INC. / JOSHUA TREE REALTY, LLC 3060 LAKE CANAL CT. FORT COLLINS CO 80524 Hartford Fire Insurance Company 19682 Pinnacol Assurance 2017-2018 A X X 34UUNOK3143 7/5/2017 7/5/2018 1,000,000 300,000 10,000 1,000,000 2,000,000 2,000,000 A X X X 34UUNOK3143 7/5/2017 7/5/2018 1,000,000 Underinsured motorist 1,000,000 B 4083365 7/1/2017 7/1/2018 1,000,000 1,000,000 1,000,000 Certificate holder is listed as an Additional Insured with respect to their interest in the ongoing operations of the named insured under the General Liability, as required by written contract. Brandon Avery/CVE City 413 S. of Bryan Fort Collins Ave. Fort Collins, CO 80521 mroche@fcgov.com DocuSign Envelope ID: 3325D3E0-A05C-43A3-AC92-DAFD5ADEDD8B