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HomeMy WebLinkAbout590755 SAV A TREE LLC - CONTRACT - BID - 8652 STUMP GRINDINGOfficial Purchasing Document Last updated 10/2017 Service Agreement – Work Order Type Page 1 of 16 8652 Stump Grinding 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 SAVATREE, LLC; DBA SWINGLE LAWN, TREE AND LANDSCAPE CARE hereinafter referred to as "Service Provider". WITNESSETH: In consideration of the mutual covenants and obligations herein expressed, it is agreed by and between the parties hereto as follows: 1. Services to be Performed. a. This Agreement shall constitute the basic agreement between the parties for services for 8652 Stump Grinding, Primary Service Provider. 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 without signature of Purchasing Director. A general scope of services is attached hereto as Exhibit C, consisting of five (5) 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 such Work Order, make changes to the scope of the particular services. Such changes shall be agreed upon in writing by the parties by Change Order, a sample of which is attached hereto as Exhibit B, consisting of one (1) page and incorporated herein by this reference. 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 DocuSign Envelope ID: 5C1C156D-82B5-493A-B533-CDFC401D9BE2 Official Purchasing Document Last updated 10/2017 Service Agreement – Work Order Type Page 2 of 16 8652 Stump Grinding oral emergency service request. Oral emergency service requests will be acted upon without waiting for a written Work Order. Time is of the essence. 4. Contract Period. This Agreement shall commence March 1, 2018 and shall continue in full force and effect until February 28, 2019, 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: SavATree, LLC DBA Swingle Lawn, Tree and Landscape Care Attn: Eric Shaub 1805 E. Lincoln Ave. Fort Collins, CO 80524 eshaub@myswingle.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. DocuSign Envelope ID: 5C1C156D-82B5-493A-B533-CDFC401D9BE2 Official Purchasing Document Last updated 10/2017 Service Agreement – Work Order Type Page 3 of 16 8652 Stump Grinding 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 D, consisting of one (1) page, and incorporated herein by this reference. Payment shall be made by the City only upon acceptance of the work by the City and upon the Service Provider furnishing satisfactory evidence of payment of all wages, taxes, supplies and materials, and other costs incurred in connection with the performance of such work. 9. City Representative. The City's representative will be shown on the specific Work Order and shall make, within the scope of his or her authority, all necessary and proper decisions with reference to the work requested. All requests concerning this Agreement shall be directed to the City Representative. 10. Independent Contractor. It is agreed that in the performance of any services hereunder, the Service Provider is an independent contractor responsible to the City only as to the results to be obtained in the particular work assignment and to the extent that the work shall be done in accordance with the terms, plans and specifications furnished by the City. 11. Subcontractors. Service Provider may not subcontract any of the Work set forth in the Exhibit A, Statement of Work without the prior written consent of the city, which shall not be unreasonably withheld. If any of the Work is subcontracted hereunder (with the consent of the City), then the following provisions shall apply: (a) the subcontractor must be a reputable, qualified firm with an established record of successful performance in its respective trade performing identical or substantially similar work, (b) the subcontractor will be required to comply with all applicable terms of this Agreement, (c) the subcontract will not create any contractual relationship between any such subcontractor and the City, nor will it obligate the City to pay or see to the payment of any subcontractor, and (d) the work of the subcontractor will be subject to inspection by the City to the same extent as the work of the Service Provider. 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. DocuSign Envelope ID: 5C1C156D-82B5-493A-B533-CDFC401D9BE2 Official Purchasing Document Last updated 10/2017 Service Agreement – Work Order Type Page 4 of 16 8652 Stump Grinding 14. Warranty. a. Service Provider warrants that all work performed hereunder shall be performed with the highest degree of competence and care in accordance with accepted standards for work of a similar nature. b. Unless otherwise provided in the Agreement, all materials and equipment incorporated into any work shall be new and, where not specified, of the most suitable grade of their respective kinds for their intended use, and all workmanship shall be acceptable to City. c. Service Provider warrants all equipment, materials, labor and other work, provided under this Agreement, except City-furnished materials, equipment and labor, against defects and nonconformances in design, materials and workmanship/workwomanship for a period beginning with the start of the work and ending twelve (12) months from and after final acceptance under the Agreement, regardless whether the same were furnished or performed by Service Provider or by any of its subcontractors of any tier. Upon receipt of written notice from City of any such defect or nonconformances, the affected item or part thereof shall be redesigned, repaired or replaced by Service 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 DocuSign Envelope ID: 5C1C156D-82B5-493A-B533-CDFC401D9BE2 Official Purchasing Document Last updated 10/2017 Service Agreement – Work Order Type Page 5 of 16 8652 Stump Grinding 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 E, consisting of one (1) page, attached hereto and incorporated herein by this reference. The Service Provider before commencing services hereunder shall deliver to the City's Purchasing Director, P. O. Box 580, Fort Collins, Colorado 80522 one copy of a certificate evidencing the insurance coverage required from an insurance company acceptable to the city. 19. Entire Agreement. This Agreement, along with all Exhibits and other documents incorporated herein, shall constitute the entire Agreement of the parties. Covenants or representations not contained in this Agreement shall not be binding on the parties. 20. Law/Severability. This Agreement shall be governed in all respect by the laws of the State of Colorado. In the event any provision of this Agreement shall be held invalid or unenforceable by any court of competent jurisdiction such holding shall not invalidate or render unenforceable any other provision of this Agreement. 21. Prohibition Against Employing Illegal Aliens. Pursuant to Section 8-17.5-101, C.R.S., et. 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: DocuSign Envelope ID: 5C1C156D-82B5-493A-B533-CDFC401D9BE2 Official Purchasing Document Last updated 10/2017 Service Agreement – Work Order Type Page 6 of 16 8652 Stump Grinding 1) Notify such subcontractor and the City within three days that Service Provider has actual knowledge that the subcontractor is employing or contracting with an illegal alien; and 2) Terminate the subcontract with the subcontractor if within three days of receiving the notice required pursuant to this section the subcontractor does not cease employing or contracting with the illegal alien; except that Service Provider shall not terminate the contract with the subcontractor if during such three days the subcontractor provides information to establish that the subcontractor has not knowingly employed or contracted with an illegal alien. e. Service Provider shall comply with any reasonable request by the Colorado Department of Labor and Employment (the “Department”) made in the course of an investigation that the Department undertakes or is undertaking pursuant to the authority established in Subsection 8-17.5-102 (5), C.R.S. f. If Service Provider violates any provision of this Agreement pertaining to the duties imposed by Subsection 8-17.5-102, C.R.S. the City may terminate this Agreement. If this Agreement is so terminated, Service Provider shall be liable for actual and consequential damages to the City arising out of Service Provider’s violation of Subsection 8-17.5-102, C.R.S. g. The City will notify the Office of the Secretary of State if Service Provider violates this provision of this Agreement and the City terminates the Agreement for such breach. DocuSign Envelope ID: 5C1C156D-82B5-493A-B533-CDFC401D9BE2 Official Purchasing Document Last updated 10/2017 Service Agreement – Work Order Type Page 7 of 16 8652 Stump Grinding THE CITY OF FORT COLLINS, COLORADO By: Gerry Paul Purchasing Director DATE: ATTEST: APPROVED AS TO FORM: SAVATREE, LLC; DBA SWINGLE LAWN, TREE AND LANDSCAPE CARE By: Printed: Title: CORPORATE PRESIDENT OR VICE PRESIDENT Date: DocuSign Envelope ID: 5C1C156D-82B5-493A-B533-CDFC401D9BE2 Chief Operating Officer 2/26/2018 Donald C. Becker Assistant City Attorney 2/26/2018 City Clerk Official Purchasing Document Last updated 10/2017 Service Agreement – Work Order Type Page 8 of 16 8652 Stump Grinding EXHIBIT A WORK ORDER FORM PURSUANT TO A MASTER AGREEMENT BETWEEN THE CITY OF FORT COLLINS AND SAVATREE, LLC; DBA SWINGLE LAWN, TREE AND LANDSCAPE CARE WORK ORDER NUMBER: PROJECT TITLE: ORIGINAL BID/RFP NUMBER & NAME: MASTER AGREEMENT EFFECTIVE DATE: Original Contract Date WORK ORDER COMMENCEMENT DATE: WORK ORDER 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 Master Agreement between the parties. In the event of a conflict between or ambiguity in the terms of the Master Agreement and this Work Order (including the attached forms) the Master Agreement shall control. The attached forms consisting of ( ) page(s) are hereby accepted and incorporated herein, by this reference, and Notice to Proceed is hereby given after all parties have signed this document. SERVICE PROVIDER: Date: Name, Title ACCEPTANCE: Date: Name, Project Manager REVIEWED: Date: Name, Buyer or Senior Buyer ACCEPTANCE: Date: Gerry Paul, Purchasing Director (if greater than $60,000) DocuSign Envelope ID: 5C1C156D-82B5-493A-B533-CDFC401D9BE2 Official Purchasing Document Last updated 10/2017 Service Agreement – Work Order Type Page 9 of 16 8652 Stump Grinding EXHIBIT B CHANGE ORDER NO. PROJECT TITLE: SERVICE PROVIDER: SAVATREE, LLC; DBA SWINGLE LAWN, TREE AND LANDSCAPE CARE WORK ORDER NUMBER: PO NUMBER: DESCRIPTION: 1. Reason for Change: Why is the change required? 2. Description of Change: Provide details of the changes to the Work 3. Change in Work Order Price: 4. Change in Work Order Time: ORIGINAL WORK ORDER PRICE $ .00 TOTAL APPROVED CHANGE ORDER .00 TOTAL PENDING CHANGE ORDER .00 TOTAL THIS CHANGE ORDER .00 TOTAL % OF THIS CHANGE ORDER % TOTAL C.O.% OF ORIGINAL WORK ORDER % ADJUSTED WORK ORDER COST $ .00 SERVICE PROVIDER: Date: Name, Title ACCEPTANCE: Date: Name, Project Manager REVIEWED: Date: Name, Buyer or Senior Buyer ACCEPTANCE: Date: Gerry Paul, Purchasing Director (if greater than $60,000) DocuSign Envelope ID: 5C1C156D-82B5-493A-B533-CDFC401D9BE2 Official Purchasing Document Last updated 10/2017 Service Agreement – Work Order Type Page 10 of 16 8652 Stump Grinding EXHIBIT C GENERAL SCOPE OF SERVICES DESCRIPTION Remove stumps using a stump grinder with a minimum horsepower of 50 unless otherwise directed by City Forestry. There are occasions where a smaller stump grinder may be necessary to complete a job. Bids will be based on the three options that follow: Option 1: Stump cavities will have all the debris from stump grinding removed and the stump cavities filled with topsoil to a level slightly higher than surrounding grade. Tamping of the topsoil should occur as the cavity is filled. Topsoil will be provided by the contractor. Chip piles shall not be left unattended on streets, curbs or sidewalks at any time. Contractor must ensure that these areas are passable and safe to the public for use as soon as possible. Hard surfaces must be swept clean prior to the contractor leaving the work site. Option 2: Stump cavities will be filled with chips and soil from grinding operations to a level slightly above the surrounding grade. Tamping the material into the soil is required. Haul excess chips and debris at time of grinding. Site cleanup will occur as described in Option 1. Option 3: Stump grinding debris will be left on site and raked into a pile on top of the cavity. Site cleanup of the site around the cavity will occur as described in Option 1. Stump sizes will be measured by City Forestry staff. The stump measurement will be determined by the following equation: (A+B+C)/3= Stump Size; the root flare will be part of the measurement: A = Length of the longest diameter transect which passes through the center of the stump. B = Length of the shortest diameter transect which passes through the center of the stump. C = Length of a medium diameter transect that passes through the center of the stump. Contractor may verify stump sizes and challenge measurements prior to grinding. However, once a stump is ground, the measurement provided by Forestry staff will be used. SPECIFICATIONS 1. Grind stumps to 19” below the surrounding surface level, or to the bottom of the root mass, whichever comes first. If the depth of the stump cavity is later found to not be at a depth of 19 inches the contractor will be required to return and regrind the stump, with no additional cost to the City of Fort Collins. DocuSign Envelope ID: 5C1C156D-82B5-493A-B533-CDFC401D9BE2 Official Purchasing Document Last updated 10/2017 Service Agreement – Work Order Type Page 11 of 16 8652 Stump Grinding 2. Upon receiving a list of stump locations the contractor will have 45 days to complete stump grinding. A time extension may be granted by the Senior Urban Forester or Forestry Specialist. 3. Fill stump cavity to a level slightly above surrounding grade after all excess chips and debris from grinding operation are cleared away. The debris remaining will offset the amount of soil settling over time. Moderate tamping is required to help diminish settling. 4. Haul excess chips and fill cavities as each stump grinding is completed. Streets, curbs and sidewalks should not be blocked by equipment or grinding debris for more than a short period at any time. If they are blocked, the contractor must have them open for safe public use as soon as possible. Proper warning devices and barricades must be used if a stump cavity is left open and unattended for any amount of time. 5. Contractor will develop a schedule and keep the Forestry Specialist or Senior Urban Forester informed of progress. This may be a daily or weekly update. 6. Lists of stump locations with sizes will be provided to the contractor by City Forestry staff for the duration of this contract. 7. City Forestry staff are available to help locate any stumps. 8. Standards of Workmanship A. All work shall be conducted in a manner to cause the least possible interference or annoyance to others. B. Authorized work on this job neither expresses nor implies a right to violate any law of the land. C. Inadequately or improperly trained personnel shall not be utilized for work on this job beyond their known capacity or ability to perform properly or safely. D. Any injury to persons or damages to any improvement, including irrigation systems, while working on this job shall be promptly reported to the Forestry Specialist or Senior Urban Forester. The contractor will be responsible for making appropriate repairs to any portion of the property or infrastructure that is damaged. This includes repairing damages to irrigation systems. E. Any use of tools or equipment in unsafe condition or any application of techniques or methods deemed unsafe to life, limb or property is forbidden. DocuSign Envelope ID: 5C1C156D-82B5-493A-B533-CDFC401D9BE2 Official Purchasing Document Last updated 10/2017 Service Agreement – Work Order Type Page 12 of 16 8652 Stump Grinding F. Pedestrian and vehicular traffic safety shall be of primary concern. Adequate barricades and warning devices shall be placed as necessary for the safety of persons and vehicles. Flag persons should be stationed as necessary. G. Cause as little inconvenience to pedestrians and vehicles as possible. H. Qualified street and sidewalk warning devices shall be in position as required at all times stump grinding work is occurring. I. Contractor is responsible for all utility locates prior to commencing grinding. 1. Where utility conflicts exist, the contractor will determine the amount and extent of grinding that may safely occur near the utility based on Forestry procedures. 2. Pot-holing or use of an air-spade to determine the exact depth and placement of a utility will be required if an underground utility is found to be within two feet of the stump excavation zone. (SEE POT-HOLING NOTES SECTION) 3. Contractor may be able to use Forestry’s pot-holing contractor on sites where the pot-holing is necessary. However, the stump grinding contractor has the right to provide pot-holing by other means if desired. In the event that the City does not have a pot- holing contract with a vendor, then Forestry and the stump grinding contractor will formulate a plan to meet the need. POT-HOLING SECTION: Hydro-Excavation Information  By State law, utility locates are required through the State One-Call system.  The hydro-excavation (potholing) entity shall properly utilize appropriate personal protective equipment (PPE) which shall include, but may not be limited to: o Hearing protection o Safety glasses o Gloves o Safety toe footwear o High visibility clothing (when near roadways) o Insulated boot covers and properly rated high voltage gloves (Proof test voltage AC/DC: 20,000) are required when exposing power utilities!  Rotary type nozzles shall be used on the hydro-excavator.  Maximum pressure must stay below 2000 PSI  The equipment operator shall avoid direct contact between the spray nozzle and all utilities. DocuSign Envelope ID: 5C1C156D-82B5-493A-B533-CDFC401D9BE2 Official Purchasing Document Last updated 10/2017 Service Agreement – Work Order Type Page 13 of 16 8652 Stump Grinding  Any tool or measuring device used to determine the depth of a utility shall not be made of a conductive material such as metal or graphite. Mechanical Digging (2 foot safety factor)  Mechanical excavation equipment, other than the hydro-excavator, shall not be used within a 24 inch radius of any utility line. This includes a stump grinder.  Pothole at utility locate marks until all documented utilities are exposed, OR  Pothole perpendicular to all marked utility locates to a minimum depth of 30 inches. If all documented utilities are not exposed within this area, continue to pothole perpendicularly through the excavation site until all utilities are exposed or 6 inches past the excavation site, whichever one comes first. Stump grinding  Stump grinding shall be considered a form of mechanical excavation.  The mechanical digging best management practices shall be used to guide the stump grinding process.  Stumps less than 11 inches in diameter will be ground to a depth not exceeding 4 inches in depth as described in article 9-1.5(3) and (6.5) of the State Title 9 Safety-Industrial and Commercial excavation requirements. If there is a need to grind deeper than 4 inches, then the potholing practices shall be followed as described for stumps that are between 11 inches and 18 inches in diameter.  Stumps that have a diameter of 11 inches to 18 inches shall use the mechanical digging best management practices with the hydro-excavation occurring on at least one side of the stump.  Stumps that are greater than 18 inches in diameter shall use the mechanical digging best management practices with the hydro-excavation occurring on at least 2 sides of the stump.  Grinding depths shall not exceed 12 inches in depth. Exceptions should be made if appropriate hydro-excavation is performed to ensure the 24 inch safety radius around any utility will not be compromised. Pothole Management  Potholes shall be managed in a safe manner to prevent employees and citizens from harm until backfilling occurs.  Potholes shall not be left open/uncovered while crews are away or taking breaks.  Secure an appropriate cover or plate (ex: plywood, or 2x4 covers) over potholes if left unattended for a short period of time.  Potholes should be backfilled if stump grinding does not occur in the planned time frame.  Potholes shall be backfilled and never left open overnight if any utility is exposed in the pothole.  All potholes shall be backfilled before any weekend or Holiday begins.  Exceptions to these conditions shall be arranged only through an agreement between contractors and City Forestry. Emergency Information DocuSign Envelope ID: 5C1C156D-82B5-493A-B533-CDFC401D9BE2 Official Purchasing Document Last updated 10/2017 Service Agreement – Work Order Type Page 14 of 16 8652 Stump Grinding  If any utility questions should arise while at a job site, contact City Utilities Locate Services at 970-221-6294.  If electric cables are damaged:  Notify UNCC (811) and describe the situation  Call the City Utility Locate Services at (970) 221-6294  Barricade the area and stay clear of the damaged utility  If the circumstance warrant emergency response, call 911 immediately  If a natural gas line is damaged:  Call 911 immediately and clear the area  Notify UNCC (811)  Only if it is safe to do (otherwise wait for emergency responders):  Leave the hole open to help dissipate the gas  Remove all items that can ignite the gas  Barricade the area  If other utilities are damaged call UNCC (811) and notify the utility company as soon as possible. The City Utility Locate Services staff may be able to help make the contact.  Fill out incident report as soon as practical and submit to Safety Security and Risk Management. DocuSign Envelope ID: 5C1C156D-82B5-493A-B533-CDFC401D9BE2 Official Purchasing Document Last updated 10/2017 Service Agreement – Work Order Type Page 15 of 16 8652 Stump Grinding EXHIBIT D BID SCHEDULE DocuSign Envelope ID: 5C1C156D-82B5-493A-B533-CDFC401D9BE2 Official Purchasing Document Last updated 10/2017 Service Agreement – Work Order Type Page 16 of 16 8652 Stump Grinding EXHIBIT E 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. DocuSign Envelope ID: 5C1C156D-82B5-493A-B533-CDFC401D9BE2 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 2/26/2018 Key Insurance and Benefit Services, Inc. 726 Exchange Street Buffalo, NY 14210 716-819-5678 Michael Bonetto Sarah Russell Sarah.Russell@key.insurance SavATree, LLC and all related DBA's 550 Bedford Road Bedford Hills NY 10507 40509624 ✓ ✓ ✓ ✓ ✓ ✓ ✓ above General Liability and Automobile Liability and a waiver of subrogation applies to the General U-GL-1175-F CW Edition date 04/13, U-CA-424-E NY Edition date 04/11, U-GL-1345-B CW Edition date 04/13, City of Fort Collins Purchasing Director P.O. Box 580 Fort Collins CO 80522 Certificate Holder is an Additional Insured on a primary and non-contributory basis in regard to the Liability, Automobile Liability and Workers Compensation to the extent covered by endorsement form(s) WC000313 Edition date 04/84. A GLO 0381388 7/1/2017 7/1/2018 1,000,000 1,000,000 ✓ 10,000 ✓ 1,000,000 ✓ XCU INCLUDED 2,000,000 ✓ BLKT. CONTRACTUAL ✓ 2,000,000 A BAP 0381389 7/1/2017 7/1/2018 2,000,000 ✓ ✓ ✓ ✓ ✓ $250 COMP ✓ $500 COLL Physical Damage A.C.V. B ✓ ✓ AUC 0178816 7/1/2017 7/1/2018 20,000,000 20,000,000 ✓ 10,000 A WC 0381387 7/1/2017 7/1/2018 ✓ 1,000,000 N 1,000,000 1,000,000 C CONTRACTOR'S EQUIPMENT MAC0247225 7/1/2017 7/1/2018 LEASED/RENTED $250,000 ($10,000 Deductible) SCHEDULED $5,912,075 Zurich American Insurance Co. 16535 American Guarantee & Liability 26247 Great American Insurance Co. 22136 40509624 | 153241 | 2017-18 Certificate of Liability | Celeste Smith | 2/26/2018 8:39:14 AM (EST) | Page 1 of 1 DocuSign Envelope ID: 5C1C156D-82B5-493A-B533-CDFC401D9BE2