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Home My WebLink About20140417.tiffMEMORANDUM TO: Clerk to the Board DATE: 1/29/2016 FROM: Duane Naibauer, Public Works Department SUBJECT: Consent Agenda Item RE: Doc #2014-0417 B1400023 Tree Trimming and Tree Removal Maintenance Contract Extension/Renewal Third and final year for extension/renewal from March 5, 2016, to March 4, 2017, with American Arborist Services. M:\Francie\AGENDA memos\Agenda-Duane.doc C,omi, + ( trao- o,-ip Ili' RECEIVED FEB 01 20% WELD COUNTY COMMISSIONERS e,..L-toto 0)14(re- te6/,(J) ao) 1-oyl7 EC 007 BOARD OF COUNTY COMMISSIONERS REVIEW/WORK SESSION REQUEST RE: Tree Trimming and Tree Removal Maintenance Contract DEPARTMENT: WELD COUNTY PUBLIC WORKS DATE: 01-12-2016 PERSON REQUESTING: Duane R. Naibauer, Weld County Public Works Brief description of the problem/issue: The original agreement for the Tree Trimming/Removal Maintenance Contract can be extended from March 5, 2016, to March 4, 2017, as permitted by the contract. This extension would be in the third and final year of a possible three year term limit. The contract also allows for yearly rate adjustments based upon the current Denver/Boulder/Greeley CPI index, which has projected 1.30% increase from 2015 to 2016. American Arborist Services is requesting a 1.22% average increase with actual percentage increase per line item listed on the cost increase comparison for 2015/2016 schedule. Attached to this pass around is a copy of the contract extension/renewal, the 2016 Fee Schedule, and a cost comparison from 2015 to 2016. The budget amount in 2016 for this contract is $225,000.00, American Arborist contract price would follow line represented by the 2016 fee schedule. American Arborist was awarded this , contract in 2014 as the low bid contractor and the department has been satisfied with their product. What options exist for the Board? (Include consequences, impacts, costs, etc. of options) The Board may either approve or deny the contract renewal/extension. Recommendation to the Board: I recommend approval for American Arborist Services under the Tree Trimming and Removal contract. Approve Schedule Recommendation Work Session Comments Mike Freeman, Chair 1'�'�� Sean P. Conway, Pro-Tem Julie Cozad Barbara Kirkmeyer Steve Moreno �� Attachments: Contract Extension/Renewal 2016 Fee Schedule 2015 to 2016 cost comparison Certificate of Liability[nsurance CONTRACT AGREEMENT EXTENSION/RENEWAL BETWEEN THE WELD COUNTY DEPARTMENT OF PUBLIC WORKS AND AMERICAN ARBORIST SERVICES County Attorney ittUrt This Agreement Extension/Renewal ("Renewal"), made and entered into 31 day of January, 2015, by and between the Board of Weld County Commissioners, on behalf of the Weld County Department of Public Works, hereinafter referred to as the "Department", and American Arborist Services, hereinafter referred to as the "Contractor". WHEREAS the parties entered into an agreement on March 4, 2015 (the "Original Agreement"), identified as document #B1400023 / 2014-0417. WHEREAS the parties hereby agree to extend the term of the Original Agreement in accordance with the terms of the Original Agreement, which is incorporated by reference herein, as well as the terms provided herein. NOW THEREFORE, in consideration of the premises, the parties hereto covenant and agree as follows: • The Agreement will end on March 4, 2016. • The parties agree to extend the Original Agreement for an additional 1 year, which will begin March 5, 2016, and will end on March 4. 2017. • The Renewal, together with the Original Agreement, and the 2016 Fee Schedule constitutes the entire understanding between the parties. The following change is hereby made to the Contract Documents: 1. The 2015 Fee Schedule of the original contract shall be replaced by the attached 2016 Fee Schedule, which is attached and as exhibit A and incorporated by reference.: • All other terms and conditions of the Original Agreement remain unchanged. IN WITNESS WHEREOF, the parties hereto have duly executed the Agreement as of the day, month, and year first above written. CONTRACTOR: Signature AP Controller Ives APPRO ' AS TO F! ' M: it/ Director of General Services Elected 'al or Department Head ATTEST: Weld C. ty Clerk to the Board BY: BOARD OF COUNTY COMMISSIO WELD COUNTY, COLORADO Mike Freeman, Chair FEB 1 0 201 APPROVED AS TO SUBSTANCE: 0.20 o 2016 FEE SCHEDULE Tree Trimming and Removal (No. ) American Arborist Services Item# Description Unit Unit Cost 1 Provide 50' bucket with truck and operator Hr. $93.45 2 Provide 27'grapple truck with a 25 CY capacity Hr. truck and operator. For tree debris $72•55 3 Provide 27'grapple truck with a 25 CY capacity Hr. truck and operator. For trash pickup $124.50 After Hours due to storms, accident(anything 4 classified as urgent or emergency) Hr. $166.00 5 Provide stump grinder Hr. $166.00 6 Temporary dumpsite for storage of tree limbs L5. No Charge BID SUMMARY I certify that the above quotation is exclusive of any federal excise taxes and all other state and local taxes. I further certify that the items offered for intended use by Weld County will meet all specifications it has so indicated on this bid form. FIRM American Arborist Service BUSINESS ADDRESS 9915 Navajo Ct. CITY,STATE,ZIP CODE Longanont,Colorado 80504 TELEPHONE NO. �303)833-2085 FAX NO.�303)833-2085 TAXPAYER I.D.#84-0895033 BY: American Arborist Service TITLE: Roland&Sharon Bunn DATE: January 1,2016 WELD COUNTY IS EXEMPT FROM COLORADO SALES TAXES. CERTIFICATE OF EXEMPTION NO. 98- 03551. 2015 vs 2016 Cost 2015 Unit Cost 2016 Unit Cost Item Item Descriqtion Unit Unit Cost Unit Unit Cost 9�Chan�e 1 Provide 50'Bucket with truck and operator Hr. $ 92.25 Hr. $ 93.45 1.30% Provide 27'grapple truck with a 25 CY capacity truck 2 and operator. For tree debris Hr. $ 71.75 Hr. $ 72.55 1.11% Provide 27'grapple truck with a 25 CY capacity truck 3 and operator. For Trash Pickup Hr. $ 123.00 Hr. $ 124.50 1.22% After Hours due to stroms,accident(anything 4 clasififed as urgent or emeergency) Hr. $ 164.00 Hr. $ 166.00 1.22% 5 Provide Stump Grinder Hr. $ 164.00 Hr. $ 166.00 1.22% 6 Temporary dumpsite for storage of tree limbs LS No Charge LS No Charge 0.00% Percent Avg.Increase for 2015 1.22% Denver-Boulder-Greeley CPI Projection is 1.3% I From:CRS Denver Certs,ab FaxID: Page 2 of 2 Date:12/10J2015 11:43 AM Page:2 of 2 �, AMARB-1 OP ID: AMB ACOR�� CERTIFICATE OF LIABILITY INSURANCE DATE(MMlDDIYYYY) �� 12/10I2016 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMA710N ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATiVELY AMEND, EXTEND OR ALTER THE COVERAOE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT COPISIITUTE A CONTRACT BETWEEN THE ISSUING IN3URER(S�, AUTHORI2ED REPRESENTATIVE OR PRODUCER,AND THE CERTIFICATE HOLDER. IMPORTANT: If the certiflcate holder Is an ADDITIONAL INSURED, the policy�les) must be endorsed. If SUBROGATIOPI IS WAIVED,subJect to the terms and conditions of the policy, certain poltcies may requlre an endorsement. A statement on tMs certiflcate does not confer rights to the certiflcate holder In Ileu of such endorsement s. PRODUCER NAME: SFl@f A.McOann i CRS Insurance Brokerage PHO N x 303-996-7801 u� w,;303-757-7719 Commerclal Risk Solutions DBA 6600 E. Hampden Ave. nooREss: Denver,CO 80224 Sherry A. McGann INSURE 3 AFFORDRJG COVERAGE NAIC K INSURER A:CNA 20478 INSURED American Arborist Service �r,suReRs:Pinnacol Assurance 1190 Sharon 8�Roland Bunn dba 9915 Navajo Court INSURERC: Longmont,CO 80504-9438 '"g�°� INSURER E: INSURER F: COVERAGES CERTIFICATE NUMBER: REVISION NUMBER: 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.LIMffS SHOUVN MAY HAVE BEEN REDUCED BY PAID CLAIMS. �� TYPE OF INSURANCE POLICY NUMBER MM100NYW MMIDDIYVYY LIMITS A X COMMERCIAL GENERAL LIABILITY EACH JCCURRENCE $ ��OOO�OO c�niMs-Maoe O occuR X 5099290153 12101/2015 12/01/2016 FREMfSES Eaoccuirenca � 100,00 MED EkP�Any one person) Y 5,�� PERSONAL&ADV IPIJURY $ ��OOO�OO GEN'L AGGREGATE LIMI?APPLIES PFR GENERAL AGGREGATE $ �I,OOO,OO POIICY a jE a �LOr PRODUCTS�COMFfOP AGG $ �0��,0 QTHER $ AUTOMOBILE LIABILfTY Eg acnden� � �I � $ �� A ANv AUTO 099290248 12/01I2015 12/01I2016 BODILY INJURY(Per person) $ ALL OWNED X SCHEpULED BOPILY INJURY(Per acdtlant) S AUTOS AUTOS X Y HIREDAUTOS pON-oOWNED perecclileM � 8 UMBRELLA UAB GCCUR EACH OCCURR[NCE $ E%CESS LIAB CLAIMS-MADE COVERAOE 7HROUGH CRS RGvF.EGATE $ f_1EG RETFNTIpN$ $ WORK9t3 COMPENSATION X STATU7E ER APA EMPLOYERS'LIABILITY B ANY PROPRIETOF!PARTNER!EXECUTIVE Y'N 144HB0 12l01l2Q15 12l01/2016 E L EACH.ACCIDENT $ �OO,O OFFICERfMEMBER EXCLUDED? N❑ N 1 A (Mandatoryin NH) E L JISEASE-EA EI�APLOYEE S 'I00,0 �f yes,aescrite under 500,00 DESCRIPTION OF UPERATIONS beWw E L DiSEASE-POLICY LIMIT $ q eased/Rented 5099290153 12/01/2015 12f01/2016 Limit 25,0 qulpment Ded 1,0 DESCRIPTION OF OPERAT10N3 f LOCATIONS l VEHCLES (ACORD 101,Addltlonal Rsmarka Schtdule,may b�attaahed if mor�space I�roqulretl) eld County,Colorado is included per written contract as additional insured on the C3eneral Liabilitywith respect to vicarious liability for ongoing operations of the named insured forthe certificate holder. CERTIFICATE HOLOER CANCELLATION WELDCOU SHOU�D ANY OF THE ABOVE DE8CRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NO710E WILL BE DELIVERED IN Weld County Public Works ACCORDANCE WITH THE POUCY PROVISION8. Bridge Division I� Attn:Steve Detienne AIJrHOR�ZEDREPRESENTATIVE � P.O.Box 758 �� Grsele CO 80632 O 1988-2014 ACORD CORPORATION. All rights reserved. ACORD 25(2014/01) The ACORD name and logo are registered marks of ACORD I MEMORANDUM TO: Clerk to the Board DATE: February 10, 2015 FROM: Josh Holbrook, Inspection Supervisor SUBJECT: BOCC Agenda RE: Doc #2014-0417, Bid #B1400023 Contract Agreement Extension/Renewal with American Arborist Services from March 5, 2015 to March 4, 2016. RECEIVED FEB 1 1 2015 WELD COUNTY COMMISSIONERS A1d[rancieAAGENDA memos\A3enda Josh. docx -.2,10/5 .2oiy-oyi7 87OO7O BOARD OF COUNTY COMMISSIONERS REVIEW/ WORK SESSION REQUEST RE: Tree Trimming and Tree Removal Maintenance Contract DEPARTMENT: WELD COUNTY PUBLIC WORKS DATE: 2.4.2015 PERSON REQUESTING: Joshua Holbrook, Weld County Public Works Brief description of the problem/issue: The original agreement for the Tree Trimming/Removal Maintenance Contract can be extended from March 5, 2015, to March 4, 2016, as permitted by the contract. This extension would be in the second year of a possible three year term limit. The contract also allows for yearly rate adjustments based upon the current Denver/Boulder/Greeley CPI index, which has projected 2.75% increase from 2014 to 2015. American Arborist Services is requesting a 2.50% increase for 2015. Attached to this pass around is a copy of the contract extension/renewal, the 2015 Fee Schedule, and a cost comparison from 2014 to 2015. The budget amount in 2015 for this contract is $225,000.00, American Arborist contract price would be $217,300.00. American Arborist was awarded this contract in 2014 as the low bid contractor and the department has been satisfied with their product. What options exist for the Board? (Include consequences, impacts, costs, etc. of options) The Board may either approve or deny the contract renewal/extension. Recommendation to the Board: I recommend approval for American Arborist Services under the Tree Trimming and Removal contract. Approve Recommendation Barbara Kirkmeyer, Chair Mike Freeman, Pro-Tem Sean P. Conway Julie Cozad Steve Moreno Attachments: Contract Extension/Renewal 2011 Fee Schedule 2014 to 20 t 5 cost comparison Schedule Work Session Comments =� CONTRACT AGREEMENT EXTENSION/RENEWAL BETWEEN THE WELD COUNTY DEPARTMENTOF PUBLIC WORKS I AND AMERICAN ARBORIST SERVICES This Agreement Extension/Renewal ("Renewal"), made and entered into 3 day of Februarv, 2� by and between the Board of Weld County Commissioners, on behalf of the Weld County Department of Public Works, hereinafter referred to as the "DepartmenY', and American Arborist Services, hereinafter referred to as the "Contractor". WHEREAS the parties entered into an agreement on March 5, 2014 (the "Original Agreement"), identified as dowment #B1400023 / 2014-0417. W HEREAS the parties hereby agree to extend the term of the Original Agreement in accordance with the terms of the Original Agreement, which is incorpora[ed by reference herein, as well as the terms provided herein. NOW THEREFORE, im m�sideration of the premises, the parties hereto covenant and agree as follows: • The Original Agreement will end on March 4, 2015. • The parties agree to eMend the Original Agreement for an additional 1 year, which will begin March 5, 2015, and will end on March 4, 2016. • The Renewal, together with the Original Agreement, constitutes the entire understanding between the parties. The following change is hereby made to the Contrect Documents: 1. The 2014 Fee Schedule of the original contract shall be replaced by the attached 2015 Fee Schedule. 2. The total contract amount not to exceed $217,300.00. • All other terms and conditions of the Original Agreement remain unchanged. IN WITNESS WHEREOF, the parties hereto have duly executed the Agreement as of the day, month, and year first above written. CONTRACTOR: APPRQVEDAST SUBSTANCEI � 1 -�� c". � . �J r. r1 � {�-� � � ,� - .C � � T �T� � Printgd-Na �e .� � � �� Elected� icial or Department Head � � . ' � � �� ' t'" � � z. _`---- Signature �� . � ATTEST: ' � � ,_ -, � Weld Co t C rk to the Board ., 1b61 L ROVE ASTOFU NG: BV: ��('t� � .G- ' �U �� v ,� . Controller � - �-'�--�'"� BOARD OF COUNTY COMMISSIONERS WELDCOUNN, COLORADO APPROVED AS TO FORM : �� F Mike Freeman , Pro-Tem Count torney Director o General Services :�2c/5� - G �� 7 2015 FEE SCHEDULE Tree Trimming and Removal (No. B1400023) American Arborist Services Item Description Unit Est. Quantity Unit Cost Total Unit Cost # 1 Provide 50' bucket with truck and operator Hr. 700 $92.25 $64,575 2 Provide 27' grapple truck with a 25 CY capacity truck and operator. For tree debris Hr. 700 $71.75 $50,225 3 Provide 27' grapple truck with a 25 CY capacity truck and operator. For trash pickup Hr. 500 $123.00 $61,500 4 After Hours due to storms, accident (anything classified as urgent or emergency) Hr. 125 $164.00 $20,500 5 Provide stump grinder Hr. 125 $164.00 $20,500 6 Temporary dumpsite for storage of tree limbs �s. 1 No Charge No Charge Total $217,300 . BID SUMMARY I certify that the above quotation is exclusive of any federal excise taxes and all other state and local taxes. I further certify that the items offered for intended use by Weld County will meet all specifications it has so indicated on this bid form. FIRM American Arborist Service BUSINESS ADDRESS 9915 Navajo Ct. CITY, STATE, ZIP CODE Longmont, Colorado, 80504 TELEPHONE NO. (303) 833-2085 TAXPAYER I . # 84-0895033 BY: American Arborist Service TITLE: Roland & Sharon Bunn DATE: February 2, 2015 FAX No. (303) 833-2085 WELD COUNTY IS EXEMPT FROM COLORADO SALES TAXES. CERTIFICATE OF EXEMPTION NO. 98- 03551. 2014 vs 2015 Cost 2014 Unit Cost 2015 Unit Cost Item Item Description Unit Unit Cost Unit Unit Cost % Change 1 Provide 50' Bucket with truck and operator Hr. $ 90.00 Hr. $ 92.25 2.50% 2 Provide 27' grapple truck with a 25 CY capacity truck and operator. For tree debris Hr. $ 70.00 Hr. $ 71.75 2.50% 3 Provide 27' grapple truck with a 25 CY capacity truck and operator. For Trash Pickup Hr. $ 120.00 Hr. $ 123.00 2.50% 4 After Hours due to stroms, accident (anything clasififed as urgent oremeergency) Hr. $ 160.00 Hr. $ 164.00 2.50% 5 Provide Stump Grinder Hr. $ 160.00 Hr. $ 164.00 2.50% 6 Temporary dumpsite for storage of tree limbs LS $ - LS $ - 0.00% 2.50% Percent Avg. Increase for 2015 Denver - Boulder - Greeley CPI Projection is 2.75% MEMORANDUM TO: Clerk to the Board DATE: February 27, 2014 FROM: Josh Holbrook, Inspection Supervisor SUBJECT: BOCC Agenda RE: Bid #B1400023 Agreement for Construction Services with American Arborist Service. One original is attached. M:\Francie\AGENDA memos \AgendaJo s h . docx - ILI ,e-)Gl) (3-2os4 Franc& S-5 49/x/ -D2//7 E6 ()(77O WELD COUNTY AGREEMENT FOR CONSTRUCTION SERVICES BETWEEN WELD COUNTY & AMERICAN ARBORIST SERVICE THIS AGREEMENT is made and entered into this Jday of / rail , 201g by and between the County of Weld, a body corporate and politic of the State of Colorado, by and through its Board of County Commissioners, whose address is 1150 "O" Street, Greeley, Colorado 80631 hereinafter referred to as "County," and American Arborist Service, [an individual], [a limited liability partnership] [a limited liability company] [a corporation]whose address is 9915 Navajo Ct. Longmont, Colorado 80504, hereinafter referred to as "Contractor". Introduction. The terms of this Agreement are contained in the terms recited in this document and in Exhibits A and B, each of which forms an integral part of this Agreement. Exhibits A and B are specifically incorporated herein by this reference. Exhibit A consists of County's Request for Bid (RFB) as set forth in "Bid Package No. #B1400023". The RFP contains all of the specific requirements of County. Exhibit B consists of Contractor's Response to County's Request for Bid. The Response confirms Contractor's obligations under this Agreement. WITNESSETH: WHEREAS, various tree locations is in need of maintenance or removal, (hereinafter referred to as the "Project", and WHEREAS, in the interests of public health, safety and welfare, it is necessary to undertake the permanent repair of this road OR bridge, and WHEREAS, County requires an independent contract construction professional to perform the Construction Services required by County and set forth in Exhibit A; and WHEREAS, Contractor is willing to perform and has the specific ability to perform the required Construction Services at the cost specifically set forth in Exhibit B: NOW, THEREFORE, in consideration of the mutual promises and covenants contained herein, the parties hereto agree as follows: 1. Components of Agreement: County and Contractor acknowledge and agree that this Agreement, including specifically Exhibits A and B, define the performance obligations of Contractor and Contractor's willingness and ability to meet those requirements. Contractor acknowledges that Exhibit A contains highly important forms and/or documents, some of which must be completed subsequent to the execution of this Agreement, and further acknowledges that those forms requiring completion by Contractor shall be completed to the satisfaction of County at the time and in the manner required by County. Contractor further acknowledges that a failure to comply with any of the requirements of Exhibit A and B may result in County's decision to withhold payment. 2. Work to be Performed. Contractor, under the general direction of, and in coordination with, the Weld County Director of Public Works or other designated supervisory personnel, (the "Manager"), agrees to perform the services described on attached Exhibits A and B. Contractor agrees that during the term of this Agreement, it shall fully coordinate its construction services with County and/or any other person or firm under contract with the County doing work or providing services which affect Contractor's services. Contractor shall faithfully perform the work in accordance with the standards of professional care, skill, training, diligence and judgment provided by highly competent contractors performing construction services of a similar nature to those described in this Agreement. Contractor shall further be responsible for the timely completion, and acknowledges that a failure to comply with the standards and requirements of Exhibits A and B within the time limits prescribed by County may result in County's decision to withhold payment or to terminate this Agreement. Contract 3. Term. The term of this Agreement begins upon the date of the execution of this Agreement by County, and shall continue through and until Contractor's completion of the responsibilities described in Exhibits A and B. In no event shall this Agreement continue beyond one year from County's execution of the Agreement unless the parties specifically agree to a continuation in writing. 4. Compensation/Contract Amount. Upon Contractor's successful completion of the construction of the Project, and County's acceptance of the same, County agrees to pay the amount of $ NA , set forth in Exhibit B. Contractor acknowledges no additional payment will be made by County unless a "change order" authorizing such additional payment has been specifically approved by the Director of Weld County Public Works, or by formal resolution of the Weld County Board of County Commissioners, as required pursuant to the Weld County Code. Any other provision of this Agreement notwithstanding, in no event shall County be liable for payment for services rendered and expenses incurred by Contractor under the terms of this Agreement for any amount in excess of the sum of the bid amount set forth in Exhibit B. Contactor acknowledges that any work it performs beyond that specifically authorized by County is performed at Contractor's risk and without authorization under this Agreement. County shall not be liable for the payment of taxes, late charges or penalties of any nature other than the compensation stated herein. 5. Additional Work. In the event the County shall require changes in the scope, character, or complexity of the work to be performed, and said changes cause an increase or decrease in the time required or the costs to the Contractor for performance, an equitable adjustment in fees and completion time shall be negotiated between the parties and this Agreement shall be modified accordingly by a supplemental Agreement. Any claims by Contractor for adjustment hereunder must be made in writing prior to the performance of any work covered in the anticipated supplemental Agreement. Any change in work made without such prior supplemental Agreement shall be deemed covered in the compensation and time provisions of this Agreement. 6. Independent Contractor. Contractor agrees that it is an independent contractor and that Contractor's officers, agents or employees will not become employees of County, nor entitled to any employee benefits from County as a result of the execution of this Agreement. Contractor shall perform its duties hereunder as an independent contractor. Contractor shall be solely responsible for its acts and those of its agents and employees for all acts performed pursuant to this Agreement. Contractor, its employees and agents are not entitled to unemployment insurance or workers' compensation benefits through County and County shall not pay for or otherwise provide such coverage for Contractor or any of its agents or employees. Unemployment insurance benefits will be available to Contractor and its employees and agents only if such coverage is made available by Contractor or a third party. Contractor shall pay when due all applicable employment taxes and income taxes and local head taxes (if applicable) incurred pursuant to this Agreement. Contractor shall not have authorization, express or implied, to bind County to any agreement, liability or understanding, except as expressly set forth in this Agreement. Contractor shall have the following responsibilities with regard to workers' compensation and unemployment compensation insurance matters: (a) provide and keep in force workers' compensation and unemployment compensation insurance in the amounts required by law (and as set forth in Exhibit A), and (b) provide proof thereof when requested to do so by County. 7. Ownership. All work and information obtained by Contractor under this Agreement or individual work order shall become or remain (as applicable), the property of County. In addition, all reports, data, plans, drawings, records and computer files generated by Contractor in relation to this Agreement and all reports, test results and all other tangible materials obtained and/or produced in connection with the performance of this Agreement, whether or not such materials are in completed form, shall at all times be considered the property of the County. Contractor shall not make use of such material for purposes other than in connection with this Agreement without prior written approval of County. 8. Termination Provisions. A. County has the right to terminate this Agreement, with or without cause on thirty (30) days written notice. Furthermore, this Agreement may be terminated at any time without notice upon a material breach of the terms of the Agreement. However, nothing herein shall be construed as giving Contractor the right to provide materials (or services) under this Agreement beyond the time when such materials (or services) become unsatisfactory to the Manager. B. If this Agreement is terminated by County, Contractor shall be compensated for, and such compensation shall be limited to, (1) the sum of the amounts contained in invoices which it has submitted and which have been approved by the County; (2) the reasonable value to County of the materials which Contractor provided prior to the date of the termination notice, but which had not yet been approved for payment; and (3) the cost of any work which the Manager approves in writing which he determines is needed to accomplish an orderly termination of the work. County shall be entitled to the use of all material generated pursuant to this Agreement upon termination, C. Upon termination, County shall take possession of all materials, equipment, tools and facilities owned by County which Contractor is using, by whatever method it deems expedient; and, Contractor shall deliver to County all drawings, drafts or other documents it has completed or partially completed under this Agreement, together with all other items, materials and documents which have been paid for by County, and these items, materials and documents shall be the property of County. Copies of work product incomplete at the time of termination shall be marked "DRAFT -INCOMPLETE." D. Upon termination of this Agreement by County, Contractor shall have no claim of any kind whatsoever against the County by reason of such termination or by reason of any act incidental thereto, except for compensation for work satisfactorily performed and/or materials described herein properly delivered. 9. Warranty. Contractor warrants that construction services performed under this Agreement will be performed in a manner consistent with the professional construction standards governing such services and the provisions of this Agreement. Contractor shall faithfully perform the work in accordance with the standards of care, skill, training, diligence and judgment provided by highly competent individuals and entities that perform services of a similar nature to those described in this Agreement. Contractor further represents and warrants that: A. All construction services shall be performed by qualified personnel in a professional and workmanlike manner, consistent with industry standards. B. All construction services will conform to applicable specifications. In addition to the foregoing warranties, Contractor is aware that all work performed on this Project pursuant to this Agreement is subject to a one year warranty period during which Contractor must correct any failures or deficiencies. This warranty shall commence on the date of County's final inspection and acceptance of the Project. 10. Acceptance of Services Not a Waiver. Upon completion of the work, Contractor shall submit to County originals of all test results, reports, etc., generated during completion of this work. Acceptance by County of reports and incidental material(s) furnished under this Agreement shall not in any way relieve Contractor of responsibility for the quality and accuracy of the construction of the project. In no event shall any action by County hereunder constitute or be construed to be a waiver by County of any breach of this Agreement or default which may then exist on the part of Contractor, and County's action or inaction when any such breach or default shall exist shall not impair or prejudice any right or remedy available to County with respect to such breach or default. No assent, expressed or implied, to any breach of any one or more covenants, provisions or conditions of the Agreement shall be deemed or taken to be a waiver of any other breach. Acceptance by the County of, or payment for, the construction completed under this Agreement shall not be construed as a waiver of any of the County's rights under this Agreement or under the law generally. 11. Insurance and Indemnification. Contractor stipulates that it has met the insurance requirements identified in Exhibit A. Contractor shall be responsible for the professional quality, technical accuracy, and quantity of all construction services provided, the timely delivery of said services, and the coordination of all services rendered by Contractor and shall, without additional compensation, promptly remedy and correct any errors, omissions, or other deficiencies. Contractor shall defend, indemnify and save harmless County, its officers, agents, and employees, from and against injury, loss damage, liability, suits, actions, or claims of any type or character brought because of Contractor's acts, errors or omissions in seeking to perform its construction obligations under this Agreement. Contractor shall be fully responsible and liable for any and all injuries or damage received or sustained by any person, persons, or property on account of its performance under this Agreement or its failure to comply with the provisions of the Agreement, or on account of or in consequence of neglect of Contractor in its construction methods or procedures; or in its provisions of the materials required herein, or through use of unacceptable materials and/or materials not identified in Exhibits A and B; or from any claims or amounts arising or recovered under the Worker's Compensation Act, or other law, ordinance, order, or decree. County may retain as much of any moneys due Contractor under any this Agreement as may be determined by it to be in the public interest. By execution of this Agreement, Contractor has agreed to secure and maintain the insurance required by the terms of Exhibit A. A failure to comply with this provision shall result in County's right to immediately terminate this Agreement. 12. Non -Assignment. Contractor may not assign or transfer this Agreement or any interest therein or claim thereunder, without the prior written approval of County. Any attempts by Contractor to assign or transfer its rights hereunder without such prior approval by County shall, at the option of County, automatically terminate this Agreement and all rights of Contractor hereunder. Such consent may be granted or denied at the sole and absolute discretion of County. 13. Time of the Essence. Time is of the essence in each and all of the provisions of this Agreement. 14. Examination of Records. Contractor agrees that any duly authorized representative of County, including the County Auditor, shall, until the expiration of five (5) years after the final payment under this Agreement, have access to and the right to examine and audit any books, documents, papers and records of Contractor, involving all matters and/or transactions related to this Agreement. 15. Interruptions. Neither party to this Agreement shall be liable to the other for delays in delivery or failure to deliver or otherwise to perform any obligation under this Agreement, where such failure is due to any cause beyond its reasonable control, including but not limited to Acts of God, fires, strikes, war, flood, earthquakes or Governmental actions. 16. Notices. Any notice required to be given under this Agreement shall be in writing and shall be mailed or delivered to the other party at that party's address as stated above. County may designate, prior to commencement of work, its project representative ("County Representative") who shall make, within the scope of his or her authority, all necessary and proper decisions with reference to the project. All requests for contract interpretations, change orders, and other clarification or instruction shall be directed to County Representative. The County Representative for purposes of this Agreement is hereby identified as, Director of Weld County Department of Public Works, or his designee. 17. Compliance with Law. Contractor shall strictly comply with all applicable federal and State laws, rules and regulations in effect or hereafter established, including without limitation, laws applicable to discrimination and unfair employment practices. 18. Non -Exclusive Agreement. This Agreement is nonexclusive and County may engage or use other contractors or persons to perform services of the same or similar nature. 19. Entire Agreement/Modifications. This Agreement including the Exhibits attached hereto and incorporated herein, contains the entire agreement between the parties with respect to the subject matter contained in this Agreement. This instrument supersedes all prior negotiations, representations, and understandings or agreements with respect to the subject matter contained in this Agreement. This Agreement may be changed or supplemented only by a written instrument signed by both parties. 20. Fund Availability. Financial obligations of the County payable after the current fiscal year are contingent upon funds for that purpose being appropriated, budgeted and otherwise made available.. Execution of this Agreement by County does not create an obligation on the part of County to expend fluids not otherwise appropriated in each succeeding year. 21. Employee Financial Interest/Conflict of Interest — C.R.S. X424-18-201 et seq. and 424-50-507. The signatories to this Agreement aver that to their knowledge, no employee of Weld County has any personal or beneficial interest whatsoever in the service or property which is the subject matter of this Agreement. County has no interest and shall not acquire any interest direct or indirect, that would in any manner or degree interfere with the performance of Contractor's services and Contractor shall not employ any person having such known interests. During the term of this Agreement, Contractor shall not engage in any in any business or personal activities or practices or maintain any relationships which actually conflicts with or in any way appear to conflict with the full performance of its obligations under this Agreement. Failure by Contractor to ensure compliance with this provision may result, in County's sole discretion, in immediate termination of this Agreement. No employee of Contractor nor any member of Contractor's family shall serve on a County Board, committee or hold any such position which either by rule, practice or action nominates, recommends, supervises Contractor's operations, or authorizes funding to Contractor. 22. Severability. If any term or condition of this Agreement shall be held to be invalid, illegal, or unenforceable by a court of competent jurisdiction, this Agreement shall be construed and enforced without such provision, to the extent that this Agreement is then capable of execution within the original intent of the parties. 23. Governmental Immunity. No term or condition of this contract shall be construed or interpreted as a waiver, express or implied, of any of the immunities, rights, benefits, protections or other provisions, of the Colorado Governmental Immunity Act §§24-10-101 et seq., as applicable now or hereafter amended. 24. No Third Party Beneficiary. It is expressly understood and agreed that the enforcement of the terms and conditions of this Agreement, and all rights of action relating to such enforcement, shall be strictly reserved to the undersigned parties and nothing in this Agreement shall give or allow any claim or right of action whatsoever by any other person not included in this Agreement. It is the express intention of the undersigned parties that any entity other than the undersigned parties receiving services or benefits under this Agreement shall be an incidental beneficiary only. 25. Board of County Commissioners of Weld County Approval. This Agreement shall not be valid until it has been approved by the Board of County Commissioners of Weld County, Colorado or its designee. 26. Choice of Law/Jurisdiction. Colorado law, and rules and regulations established pursuant thereto, shall be applied in the interpretation, execution, and enforcement of this Agreement. Any provision included or incorporated herein by reference which conflicts with said laws, rules and/or regulations shall be null and void. In the event of a legal dispute between the parties, Contractor agrees that the Weld County District Court shall have exclusive jurisdiction to resolve said dispute. 27. Public Contracts for Services C.R.S. 8-17.5-101. Contractor certifies, warrants, and agrees that it does not knowingly employ or contract with an illegal alien who shall perform work under this Agreement and shall confirm the employment eligibility of all employees who are newly hired for employment in the United States to perform work under this Agreement through participation in the E -Verify Program or the State program established pursuant to CRS §8-17.5- 102(5)(c), Contractor shall not knowingly employ or subcontract with an illegal alien to perform work under this Agreement or enter into a contract with a subcontractor that fails to certify with Contractor that the subcontractor shall not knowingly employ or contract with an illegal alien to perform work under this Agreement. Contractor (a) shall not use E -Verify Program or State program procedures to undertake pre -employment screening of job applicants while this Agreement is being performed, (b) shall notify the subcontractor and County within three days if Contractor has actual knowledge that a subcontractor is employing or contracting with an illegal alien for work under this Agreement, (c) shall terminate the subcontract if a subcontractor does not stop employing or contracting with the illegal alien within three days of receiving the notice, and (d) shall comply with reasonable requests made in the course of an investigation, undertaken pursuant to CRS §8- 17.5-102(5), by the Colorado Department of Labor and Employment. If Contractor participates in the State program, Contractor shall deliver to County, a written, notarized affirmation, affirming that County has examined the legal work status of such employee, and shall comply with all of the other requirements of the State program. If Contractor fails to comply with any requirement of this provision or CRS §8-17.5-101 et seq., County may terminate this Agreement for breach and, if so terminated, Contractor shall be liable for damages. 28. Official Engineering Publications. Contractor acknowledges and agrees that the Colorado Department of Transportation "Standard Specifications for Road and Bridge Construction" and the Colorado Department of Transportation Standard Plans "M & S Standards" establish the requirements for all work performed by Contractor under this Agreement, and Contractor agrees to meet or exceed all standards set by these publications. Contractor further acknowledger and agrees that a failure to meet the standards set by these publications may result in withholding by County of some or all of the Contract Amount. 29. Compliance with Davis -Bacon Wage Rates. Contractor understands and agrees that, if required by the provisions of Exhibit A, the work shall be in compliance with the Davis - Bacon Wage Rates. (If compliance with this statute is required by County under this Agreement, a copy of the information is contained in Exhibit A, County's Request for Proposal, and is a part this Agreement.) 30. Attorneys Fees/Legal Costs. In the event of a dispute between County and Contractor, concerning this Agreement, the parties agree that each party shall be responsible for the payment of attorney fees and/or legal costs incurred by or on its own behalf. IN WITNESS WHEREOF, the parties hereto have signed this Agreement this day of , 201 . CONTRACTOR: By: Name: 20 Title: ow vs n C i Date - GJ WELD COUNTY: ATTEST: da/Lei1J Weld County Clerk to the Beard BY: Deputy Cle ` to the Board BOARD OF COUNTY COMMISSIONERS WELD COUNTY, COLORADO ei 1a cher, Chair MAR 052014 &o/el- oYi7 J EXHIBIT A No. B1400023 ****************** BOARD OF COUNTY COMMISSIONERS OF THE COUNTY OF WELD, STATE OF COLORADO, BY AND THROUGH ITS DIRECTOR OF GENERAL SERVICES DATE: 1/10/2014 PAGES 3 - 10 OF THIS REQUEST FOR BIDS CONTAIN GENERAL INFORMATION FOR THE REQUEST NUMBER REFERRED TO ABOVE. NOT ALL OF THE INFORMATION CONTAINED IN PAGES 3 - 10 MAY BE APPLICABLE FOR EVERY PURCHASE. BID SPECIFICS FOLLOW PAGE 10. I. NOTICE TO BIDDERS: A. The Board of County Commissioners of Weld County, Colorado, by and through its Director of General Services (collectively referred to herein as, "Weld County"), wishes to purchase the following: 2014 Tree Trimming & Tree Removal Maintenance Contract (w/ possible 2, 1-yr renewals) Department of Public Works B. Bids for the above stated merchandise, equipment, and/or services will be received at the Office of the Weld County Purchasing Department in the Weld County Administrative Building, 1150 O Street Room #107 Greeley CO 80631 until: 2/11/2014, 10:30 a.m. (Weld County Purchasing Time Clock). II. INVITATION TO BID: A. Weld County requests bids for the purchase of the above -listed merchandise, equipment, and/or services. B. Said merchandise and/or equipment shall be delivered to the location(s) specified herein. C. Bids shall include any and all charges for freight, delivery, containers, packaging, less all taxes and discounts, and shall, in every way, be the total net price which the bidder will expect the Weld County to pay if awarded the bid. D. You can find bid information on the Weld County Purchasing website at http://www.co.weld.co.us/Departments/Purchasing/index_html located under Current Request for Bids. Weld County Government joined the Rocky Mountain E -Purchasing System. The Rocky Mountain E -Purchasing System (BidNet®) is an on-line notification system that is being utilized by multiple governmental entities. Participating entities post their bids, quotes, proposals, addendums, and awards on this one centralized system. E. Bid Delivery to Weld County — 3 methods: 1. Email. Emailed bids are preferred. Bids may be emailed to: mwaltersco.weld.co.us or reverettAco.weld.co.us. Emailed bids must include the following statement on the email: I hereby waive my right to a sealed bid". An email confirmation will be sent when we receive your bid/proposal. If more than one copy of the bid is requested, you must submit/mail hard copies of the bid proposal. 2. Facsimile. Bids may be faxed to 970-336-7226 attention "Purchasing". The vendor must include the following statement on the facsimile: `I hereby waive my right to a sealed bid. If more than one copy of the bid is requested, you must submit/mail hard copies of the bid proposal. 3. Mail. Mailed bids should be sent in a sealed envelope with the bid title and bid number on BID NO # B1400023 Page 3 it. Please address to: Weld County Purchasing Department, 1150 O Street, Room #107 Greeley, CO 80631 Please call Purchasing at 970-336-7225 if you have any questions. III. INSTRUCTIONS TO BIDDERS: A. Bids shall be typewritten or written in ink on forms prepared by the Weld County Purchasing Department. Each bid must give the full business address of bidder and be signed by him with his usual signature. Bids by partnerships must furnish the full names of all partners and must be signed with the partnership name by one of the members of the partnership or by an authorized representative, followed by the signature and title of the person signing. Bids by corporations must be signed with the legal name of the corporation, followed by the name of the state of the incorporation and by the signature and title of the president, secretary, or other person authorized to bind it in the matter. The name of each person signing shall also be typed or printed below the signature. A bid by a person who affixes to his signature the word "president," "secretary," "agent," or other title without disclosing his principal, may be held to be the bid of the individual signing. When requested by the Weld County Director of General Services, satisfactory evidence of the authority of the officer signing in behalf of a corporation shall be furnished. All corrections or erasures shall be initialed by the person signing the bid. All bidders shall agree to comply with all of the conditions, requirements, specifications, and/or instructions of this bid as stated or implied herein. All designations and prices shall be fully and clearly set forth. All blank spaces in the bid forms shall be suitably filled in. B. Bids may be withdrawn upon written request to and approval of the Weld County Director of General Services; said request being received from the withdrawing bidder prior to the time fixed for award. Negligence on the part of a bidder in preparing the bid confers no right for the withdrawal of the bid after it has been awarded. C. Bidders are expected to examine the conditions, specifications, and all instructions contained herein. Failure to do so will be at the bidders' risk. D. Bidders shall not stipulate in their proposals any conditions not contained in the instructions and specifications herein, unless specifically requested by the special instructions attached hereto. Any proposal which fails to comply with the letter of the instructions and specifications herein may be rejected. E. Late or unsigned bids shall not be accepted or considered. It is the responsibility of the bidder to ensure that the bid arrives in the Weld County Purchasing Department on or prior to the time indicated in Section I., entitled, "Notice to Bidders." F. When approximate quantities are stated, Weld County reserves the right to increase or decrease quantity as best fits its needs. G. Whenever requested, samples or descriptive matter shall be filed prior to the opening of bids. H. Any item supplied to Weld County shall be new and of the manufacturer's current model unless otherwise specified. I. In accordance with Section 14-9(3) of the Weld County Home Rule Charter, Weld County will give preference to resident Weld County bidders in all cases where said bids are competitive in price and quality. It is also understood that Weld County will give preference to suppliers from the State of Colorado, in accordance with C.R.S. § 30-11-110 (when it is accepting bids for the purchase of any books, stationery, records, printing, lithographing or other supplies for any officer of Weld County). BID NO # B1400023 Page 4 J. All discounts shall be figured from the date of delivery and acceptance of the articles, or in the case of an incorrect invoice, from the date of receipt of corrected invoice, if this be subsequent to delivery and acceptance. K. Substitutions or modifications to any of the terms, conditions, or specifications of this which are made by Weld County after the bids have been distributed to prospective bidders and prior to the date and time of bid opening, will be made in writing. No employee of Weld County is authorized in any way to modify any of the terms, conditions, or specifications of this bid without written approval of said Director of General Services. This is not to imply that bids will not be accepted or considered with specifications which are different from those herein. Any item which does not meet all the terms, conditions, or specifications of this bid, must be clearly indicated on a separate sheet of paper, attached to the bid specification and proposal sheets and returned with the bid. L. The successful bidder shall indemnify and hold harmless Weld County against all claims for royalties, for patents or suit for infringement thereon, which may be involved in the manufacture or use of the material to be furnished. M. The successful bidder certifies that it shall comply with the provisions of C.R.S. § 8-17.5-101, et seq. The successful bidder shall not knowingly employ or contract with an illegal alien to perform work under the contract or enter into a contract with a subcontractor that fails to certify to the successful bidder that the subcontractor shall not knowingly employ or contract with an illegal alien to perform work under the contract. The successful bidder represents, warrants, and agrees that it: (a) has verified that it does not employ any illegal aliens, through participation in the Basic Pilot Employment Verification Program administered by the Social Security Administration and Department of Homeland Security, and (b) otherwise will comply with the requirements of C.R.S. § 8-17.5-1O2(2)(b). The successful bidder shall comply with all reasonable requests made in the course of an investigation under C.R.S. § 8-17.5-102 by the Colorado Department of Labor and Employment. If the successful bidder fails to comply with any requirement of this provision or C.R.S. § 8-17.5-101, et seq., Weld County may terminate the contract for breach and the successful bidder shall be liable for actual and consequential damages to Weld County. Except where exempted by federal law and except as provided in C.R.S. § 24-76.5-103(3), if the successful bidder receives federal or state funds under the contract, the successful bidder must confirm that any individual natural person eighteen (18) years of age or older is lawfully present in the United States pursuant to C.R.S. § 24-76.5-103(4), if such individual applies for public benefits provided under the contract. If the successful bidder operates as a sole proprietor, it hereby swears or affirms under penalty of perjury that it: (a) is a citizen of the United States or is otherwise lawfully present in the United States pursuant to federal law, (b) shall produce one of the forms of identification required by C.R.S. § 24-76.5-101, et seq., and (c) shall produce one of the forms of identification required by C.R.S. § 24-76.5-103 prior to the effective date of the contract. N. All goods shall remain the property of the seller until delivered to and accepted by Weld County. O. Bids received prior to the time of opening will be kept unopened in a secure place. No responsibility will attach to the Weld County Director of General Services for the premature opening of a bid not properly addressed and identified. P. In submitting the bid, the bidder agrees that the signed bid submitted, all of the documents of the Request for Proposal contained herein (including, but not limited to, product specifications and scope of services), and the formal acceptance of the bid by Weld County, together constitutes a contract, with the contract date being the date of formal acceptance of the bid by Weld County. The County may require a separate contract, which if required, has been made a part of this RFP. Q. Weld County reserves the right to reject any and all bids, to waive any informality in the bids, to award the bid to multiple vendors, and to accept the bid that, in the opinion of the Board of County BID NO # B1400023 Page 5 Commissioners, is to the best interests of Weld County. The bid(s) may be awarded to more than one vendor. R. Upon the election by Weld County, no delivery of materials, equipment or services shall become due or be accepted unless a purchase order shall first have been issued by the Weld County Director of General Services. It is understood that it is necessary for all invoices to be made out to "Weld County, Colorado," not to the Department securing the merchandise. All invoices should be sent to: Weld County, Accounting Department, P. O. Box 758, Greeley, Colorado 80632. S. These instructions, the proposal forms, and specifications have been developed with the hope of raising the standard of purchasing negotiations to a level wherein all transactions will be mutually satisfactory. Your cooperation is invited. T. Confidential financial information of the bidder should be transmitted separately from the main bid submittal, clearly denoting in red on the financial information the word, and "CONFIDENTIAL." Bidders are warned that financial information submitted without such denotation may be subject to public disclosure, pursuant to the terms of the Colorado Open Records Act. IV. DEFINITIONS A. "Standard:" When the word "standard" is used in the specification to describe an item of equipment or in assembly, it shall be construed to mean that item or assembly so described shall be the latest regular product of the manufacturer thereof, identified by a model or other designation, without the modification or omission of any of its usual parts or the substitution of others therefore, except as hereafter specified, details, capacities and ratings, conforming in every respect to the said manufacturer's catalog or other printed matter describing the item or assembly. Standard subassemblies, accessories, fittings, and finishes shall be construed to be those which are regularly furnished as part of the principle unit or assembly and included in the selling price thereof. B. "Reputable Manufacturer:" A manufacturer who has been engaged in the business of fabricating the equipment specified for a reasonable period of time prior to the date set for opening of bids and who can demonstrate to the satisfaction of Weld County that said manufacturer has successfully installed equipment of the type proposed to be furnished in at least three (3) instances and the performance of such equipment has been satisfactory. Manufacturers having been engaged in the business of manufacturing said equipment for a period of one (1) year prior to the date affixed for opening bids shall, prima facie, be deemed to have been engaged in such business a reasonable length of time. C. "Or Equal:" The specific equipment mentioned shall be understood as indicating the type, function, minimum standard of design, efficiency, and quality desired and shall not be construed in such a manner as to exclude manufacturer's equipment of comparable quality, design, and efficiency. V. GENERAL SPECIFICATIONS, CONDITIONS AND INFORMATION A. Design: Unless otherwise specified, any equipment to be purchased shall be the manufacturer's latest model of production. Said equipment shall be of superior quality and suitable to the use for which it is intended. The technical design shall be in line with the best practice in the industry and the materials and workmanship entering into the construction shall be of the kinds and qualities which will ensure long life, dependability, and low cost of maintaining and repairing. B. Warranty: The successful bidder shall warrant that: 1. The goods to be supplied pursuant to this bid are fit and sufficient for the purpose intended; and 2. The goods are merchantable, of good quality, and free from defects, whether patent or latent, in material or workmanship; and BID NO # B1400023 Page 6 3. The goods sold to Weld County, pursuant to this bid, conform to the minimum Weld County specifications as established herein 4. The successful bidder shall warrant that he has title to the goods supplied and that the goods are free and clear of all liens, encumbrances, and security interests. All warranties made by the successful bidder, together with service warranties' and guarantees shall run to Weld County and its successors and assigns. C. Service Calls in the First One Year Period: The successful bidder shall bear all costs for mileage, travel time, and service trucks used in the servicing (including repairs) of any of the goods to be purchased by Weld County, Colorado, pursuant to this bid for as many service calls as are necessary for the first one (1) year period after said goods are first supplied to Weld County. D. General Information: Bidder shall submit with their bids the following information pertaining to the equipment upon which the bids are submitted: 1. Detailed equipment specifications to include the warranty. 2. Descriptive literature. E. Fund Availability: Financial obligations of the Weld County payable after the current fiscal year are contingent upon funds for that purpose being appropriated, budgeted and otherwise made available. By acceptance of the bid, Weld County does not warrant that funds will be available to fund the contract beyond the current fiscal year. F. Governmental Immunity: No term or condition of the contract shall be construed or interpreted as a waiver, express or implied, of any of the immunities, rights, benefits, protections or other provisions, of the Colorado Governmental Immunity Act §§24-10-101 et seq., as applicable now or hereafter amended. G. Independent Contractor: The successful bidder shall perform its duties hereunder as an independent contractor and not as an employee. He or she shall be solely responsible for its acts and those of its agents and employees for all acts performed pursuant to the contract. Neither the successful bidder nor any agent or employee thereof shall be deemed to be an agent or employee of Weld County. The successful bidder and its employees and agents are not entitled to unemployment insurance or workers' compensation benefits through Weld County and Weld County shall not pay for or otherwise provide such coverage for the successful bidder or any of its agents or employees. Unemployment insurance benefits will be available to the successful bidder and its employees and agents only if such coverage is made available by the successful bidder or a third party. The successful bidder shall pay when due all applicable employment taxes and income taxes and local head taxes (if applicable) incurred pursuant to the contract. The successful bidder shall not have authorization, express or implied, to bind Weld County to any agreement, liability or understanding, except as expressly set forth in the contract. The successful bidder shall have the following responsibilities with regard to workers' compensation and unemployment compensation insurance matters: (a) provide and keep in force workers' compensation and unemployment compensation insurance in the amounts required by law, and (b) provide proof thereof when requested to do so by Weld County. H. Compliance with Law: The successful bidder shall strictly comply with all applicable federal and State laws, rules and regulations in effect or hereafter established, including without limitation, laws applicable to discrimination and unfair employment practices. I. Choice of Law: Colorado law, and rules and regulations established pursuant thereto, shall be applied in the interpretation, execution, and enforcement of the contract. Any provision included or incorporated herein by reference which conflicts with said laws, rules and/or regulations shall be null BID NO # 81400023 Page 7 and void. J. Binding Arbitration Prohibited: Weld County does not agree to binding arbitration by any extra- judicial body or person. Any provision to the contrary in the contract or incorporated herein by reference shall be null and void. K. No Third Party Beneficiary Enforcement: It is expressly understood and agreed that the enforcement of the terms and conditions of the contract, and all rights of action relating to such enforcement, shall be strictly reserved to the undersigned parties and nothing in the contract shall give or allow any claim or right of action whatsoever by any other person not included in the contract. It is the express intention of the undersigned parties that any entity other than the undersigned parties receiving services or benefits under the contract shall be an incidental beneficiary only. L. Attorneys Fees/Legal Costs: In the event of a dispute between Weld County and the successful bidder, concerning the contract, the parties agree that Weld County shall not be liable to or responsible for the payment of attorney fees and/or legal costs incurred by or on behalf of the successful bidder. M. Disadvantaged Business Enterprises. Weld County assures that disadvantaged business enterprises will be afforded full opportunity to submit bids in response to all invitations and will not be discriminated against on the grounds of race, color, national origin, sex, age, or disability in consideration for an award. N. Insurance Requirements. 1. General Requirements: Contractors/Contract Professionals must secure, at or before the time of execution of any agreement or commencement of any work, the following insurance covering all operations, goods or services provided pursuant to this request. Contractors/Contract Professionals shall keep the required insurance coverage in force at all times during the term of the Agreement, or any extension thereof, during any warranty period, and for three (3) years after termination of the Agreement. The required insurance shall be underwritten by an insurer licensed to do business in Colorado and rated by A.M. Best Company as "A"VIII or better. Each policy shall contain a valid provision or endorsement stating "Should any of the above -described policies by canceled or should any coverage be reduced before the expiration date thereof, the issuing company shall send written notice to the Weld County Director of General Services by certified mail, return receipt requested. Such written notice shall be sent thirty (30) days prior to such cancellation or reduction unless due to non-payment of premiums for which notice shall be sent ten (10) days prior. If any policy is in excess of a deductible or self -insured retention, County must be notified by the Contractor/Contract Professional. Contractor/Contract Professional shall be responsible for the payment of any deductible or self -insured retention. County reserves the right to require Contractor/Contract Professional to provide a bond, at no cost to County, in the amount of the deductible or self -insured retention to guarantee payment of claims. The insurance coverages specified in this Agreement are the minimum requirements, and these requirements do not decrease or limit the liability of Contractor/Contract Professional. Contractor/Contract Professional shall maintain, at its own expense, any additional kinds or amounts of insurance that it may deem necessary to cover its obligations and liabilities under this Agreement. 2. Types of Insurance: Contractor/Contract Professional shall obtain, and maintain at all times during the term of any Agreement, insurance in the following kinds and amounts: a. Workers' Compensation Insurance as required by state statute, and Employer's Liability Insurance covering all of Contractor's Contract Professional's employees acting BID NO # B1400023 Page 8 within the course and scope of their employment. b. Commercial General Liability Insurance written on ISO occurrence form CG 00 01 10/93 or equivalent, covering premises operations, fire damage, independent Contractors, products and completed operations, blanket contractual liability, personal injury, and advertising liability with minimum limits as follows: $1,000,000 each occurrence; ii. $2,000,000 general aggregate; $2,000,000 products and completed operations aggregate; iv. $50,000 any one fire; and v. $500,000 errors and omissions. 3. Automobile Liability: Contractor/Contract Professional shall maintain limits of $1,000,000 for bodily injury per person, $1,000,000 for bodily injury for each accident, and $1,000,000 for property damage applicable to all vehicles operating both on County property and elsewhere. 4. Additional Provisions: a. Policies for all general liability, excess/umbrella liability, liquor liability and pollution liability must provide the following: i. If any aggregate limit is reduce by twenty-five percent (25%) or more by paid or reserved claims, Contractor shall notify County within ten (10) days and reinstate the aggregates required; ii. Unlimited defense costs in excess of policy limits; iii. Contractual liability covering the indemnification provisions of this Agreement; iv. A severability of interests provision; v. Waiver of exclusion for lawsuits by one insured against another; vi. A provision that coverage is primary; and vii. A provision that coverage is non-contributory with other coverage or self-insurance provided by County. b. For all general liability, excess/umbrella liability, liquor liability, pollution liability and professional liability policies, if the policy is a claims -made policy, the retroactive date must be on or before the contract date or the first date when any goods or services were provided to County, whichever is earlier. 5. Contractors/Contract Professionals shall secure and deliver to County's Risk Administrator ("Administrator") at or before the time of execution of this Agreement, and shall keep in force at all times during the term of the Agreement as the same may be extended as herein provided, a commercial general liability insurance policy, including public liability and property damage, in form and company acceptable to and approved by said Administrator, covering all operations hereunder set forth in the related Bid or Request for Proposal. 6. Proof of Insurance: County reserves the right to require Contractor/Contract Professional to provide a certificate of insurance, a policy, or other proof of insurance as required by the County's Risk Administrator in his sole discretion. 7. Additional Insureds: For general liability, excess/umbrella liability, pollution legal liability, liquor liability, and inland marine, Contractor/Contract Professional's insurer shall name County as an additional insured. 8. Waiver of Subrogation: For all coverages, Contractor/Contract Professional's insurer shall waive subrogation rights against County. 9. Subcontractors: All subcontractors, subcontractors, independent contractors, sub -vendors, BID NO # B1400023 Page 9 suppliers or other entities providing goods or services required by this Agreement shall be subject to all of the requirements herein and shall procure and maintain the same coverages required of Contractor/Contract Professional. Contractor/Contract Professional shall include all such subcontractors, independent contractors, sub -vendors suppliers or other entities as insureds under its policies or shall ensure that all subcontractors maintain the required coverages. Contractor/Contract Professional agrees to provide proof of insurance for all such subcontractors, independent contractors, sub -vendors suppliers or other entities upon request by the County. A provider of Professional Services (as defined in the Bid or RFP) shall provide the following coverage: Professional Liability: Contract Professional shall maintain limits of $1,000,000 for each claim, and $2,000,000 aggregate limit for all claims. The remainder of this page left blank intentionally BID NO # B1400023 Page 10 Purpose Weld County Public Works is in need of a contractor to work with or independently with County crews described within this bid identified below for tree trimming and removal. Scope of Work and General Specifications: Weld County is soliciting proposals for Tree trimming Services in the following Locations: ALTERNATE 1: ENTIRE COUNTY (NORTH AND SOUTH OF U. S. HWY 34) WORKING WITH COUNTY CREWS -Weld County will provide all traffic control -Weld County will provide trucks and trailers to removal tree debris and dump fees ALTERNATE 2: ENTIRE COUNTY (NORTH AND SOUTH OF U. S. HWY 34) WORK INDEPENDENTLY& COORDINATE WITH COUNTY REPRESENTATIVE -Contractor will provide a approved MHT for traffic control, signs and certified flaggers for each work site -Contractor will be reasonable for the removal off all tree debris and dump fees ALTERNATE 3: SOUTH COUNTY AREA ONLY (SOUTH OF U. S. HWY 34) WORKING WITH COUNTY CREWS -Weld County will provide all traffic control -Weld County will provide trucks and trailers to removal tree debris and dump fees ALTERNATE 4: NORTH COUNTY AREA ONLY (NORTH OF U. S. HWY 34) WORK WITH COUNTY CREWS -Weld County will provide all traffic control -Weld County will provide trucks and trailers to removal tree debris and dump fees The contractor is required to be a licensed and/or qualified Arborist with a minimum of five (5) years experience in removal and trimming of various types of trees. All tree pruning will be in accordance with the most recent version of the American national Standards institution ANSI Z133.1 Tree Care Operations, and ANSI A-300 Pruning and Removal Specifications. Proper PPE equipment will be required when working in traffic, around power lines or any inclement weather. The contractor will be responsible for any actions him and his crew do without the approval of Weld County's authority. The contractor will be required to furnish all tools, equipment, and repairs with safety at the forefront when doing work for and with Weld County crews. Hourly rates for Summer hours at a predetermined staging area to begin at 0600 to 1630 hours Monday through Thursday from approximately April 2nd to September 1st unless otherwise directed by the Public Works Director. Winter hours are September 2nd through April 1st from 0700 to 1530 Monday through Friday. When and if the contract has a breakdown with a delay causing crews to be on downtime, Weld County will stop the hourly rate after one hour of downtime. Weld County Contract: Questions related to the project and procedures should be directed to: Steve Detienne — Road and Bridge Supervisor Weld County Public Works 970.304.6496, ext. 3774 sdetienne@weldgov.com Terms and Conditions: All contractors will be required to sign Weld County's construction service Agreement (see example on pages 26-32). The Agreement shall commence approximately February 2014 and continue in full force and effect for one year. At the option of the County, the Agreement may be extended for up to two (2) additional years. Increases in the Cost may be negotiated for subsequent renewal of the second and third additional one-year periods. Price changes in the fee schedule will be negotiated by and agreed to by both parties and any increases shall not exceed the Denver - Boulder, Greeley CPI Index. The Contract may and will be used at the option of other Weld County Departments. BID NO # B1400023 Page 18 EXHIBIT B NOTICE OF AWARD 2014 Tree trimming and Tree Removal Maintenance Contract To: Roland E. Bunn American Arborist Service 9915 Navajo Ct. Longmont, Colorado 80504 Project Description: 2014 Tree trimming and Tree Removal Maintenance Contract You are hereby notified that your Bid/Proposal has been accepted in the amount of $185,000.00 or as shown in the Bid Schedule. You are required by the Instructions to Bidders to execute the Agreement and furnish the required Certificates of Insurance within ten (1 0) calendar days from the date of this Notice to you. If you fail to execute said Agreement and to furnish said Insurance within ten (10) days from the date of this Notice, said Owner will be entitled to consider all your rights arising out of the Owner's acceptance of your bid as abandoned. The Owner will be entitled to such other rights as may be granted by law. You are required to return an acknowledged copy of this Notice of Award to the Owner. Dated this 26 day of February , 2014 Weld County, Colorado, Owner By Josh Holbrook, Construction Inspection Supervisor ACCEPTANCE OF NOT Receipt of the above Notice of Aw rd is hereb acknowledged by aw‘c.. C 0 Or o tr u• c. t (Contractor) AMARB-1 OP ID: MRT ACO- CERTIFICATE OF LIABILITY INSURANCE 4....----� DATE(MM/DO/YYYY) 12/05/2013 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). PRODUCER CRS Insurance Brokerage Commercial Risk Solutions DBA 6600 E. Hampden Ave. Denver, CO 80224 Sherry A. McGann CONTACT NAME: PHONE FAX (A/C, No, Ext): MIC, No): AMAIL DDRESS: INSURER(S) AFFORDING COVERAGE NAIC # INSURER A :CNA INSURED American Arborist Service Roland & Sharon Bunn dba 9915 Navajo Court Longmont, CO 80504-9438 INSURER B: Pinnacol Assurance INSURER C : INSURER D : INSURER E : INSURER F : COVERAGES CERTIFICATE NUMBER: REVISION NUMBER: 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, INSR LTRINSR TYPE OF INSURANCE ADDL SUER WVD POLICY NUMBER POLICY EFF (MM/DD/YYYY) POLICY EXP (MM/DD/YYYY) LIMITS A GENERAL X LIABILITY COMMERCIAL GENERAL LIABILITY X 5099290153 12/01/2013 12/01/2014 EACH OCCURRENCE $ 1,000,060 DAMAGE TO RENTEb PREMISES (Ea occurrence) $ 100,000 MED EXP (Any one person) $ 5,000 CLAIMS -MADE X OCCUR PERSONAL & ADV INJURY $ 1,000,000 GENERAL AGGREGATE $ 2,000,000 PRODUCTS - COMP/OP AGG $ 2,000,000 GGEEN'L AGGREGATE POLICY LIMIT APPLIES PRO- JFCT PER: LOC A AUTOMOBILE X X LIABILITY ANY AUTO ALL OWNED AUTOS HIRED AUTOS X SCHEDULED 5099290248 12/01/2013 12/01/2014 COMBINED SINGLE LIMIT (Ea accident) $ 1,000,000 BODILY INJURY (Per person) $ BODILY INJURY (Per accident) $ PROPERTY DAMAGE (PER ACCIDENT) $ UMBRELLA LIAB EXCESS LIAB OCCUR CLAIMS -MADE NO COVERAGE WITH CRS EACH OCCURRENCE $ AGGREGATE $ $ DED RETENTION$ B WORKERS COMPENSATION AND EMPLOYERS' LIABILITY ANY PROPRIETOR/PARTNER/EXECUTIVE OFFICER/MEMBER EXCLUDED? (MandatoryinNH) If yes, describe under DESCRIPTION OF OPERATIONS below Y/N N N /A 4144860 12/01/2013 12/01/2014 X WC STATU- OTH- TORY LIMITS ER E.L. EACH ACCIDENT - $ 100,000 E.L. DISEASE - EA EMPLOYEE $ 100,000 E.L. DISEASE - POLICY LIMIT $ 500,000 A Leased/Rented Equipment 5099290153 12/01/2013 12/01/2014 Limit 25,000 Ded 500 DESCRIPTION OF OPERATIONS I LOCATIONS / VEHICLES (Attach ACORD 101, Additional Remarks Schedule if more space is required) Weld County, Colorado is included per written contract as additional insured on the General Liability with respect to vicarious liability for ongoing operations of the named insured for the certificate holder. CERTIFICATE HOLDER CANCELLATION Weld County Public Works Bridge Division Attn: Steve Detienne P. O. Box 758 IGreelev, CO 80632 WELDCOU SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS. AUTHORIZED REPRESENTATIVE SEyy�,NT ,2F'il en4L ACORD 25 (2010/05) © 1988.2010 ACORD CORPORATION. All rights reserved. The ACORD name and logo are registered marks of ACORD Form W-9 (Rev. August 2013) Department of the Treasury Internal Revenue Service Request for Taxpayer Identification Number and Certification Give Form to the requester. Do not send to the IRS. Print or type See Specific Instructions on page 2. Na as shown o your income aaxx. return) Ct O_t, CI (—_- LA rn rl Business name/dis egarded ?nifty name, if diffetent from above( ] s ° ° •�a mM A �y eCiCCCIt I 0Or[t \ eeuic Check appropriate Individual/sole ❑ Limited liability ❑ Other (see instructions)' bax for federal tax classification: Trust/estate Exemptions Exempt payee Exemption code if any) (see instructions): code (if any) proprietor • O Corporation ❑ S Corporation ❑ Partnership ❑ company. Enter the tax classification (C=C corporation, 5S corporation, Ppartnership)' from FATCA reporting Address (number, street and apt. or suite no.) 9Y/S (ho of -n 01' - Requester's name and address (optional) City, state, and ZIP code f ) C// nein rice e_e a cgto c List account number(s) here (optional) Part I' Taxpayer Identification Number (TIN) Enter your TIN in the appropriate box. The TIN provided must match the name given on the "Name" line to avdd backup withholding. For individuals, this is your social security number (SSN). However, for a resident alien, sole proprietor, or disregarded entity, see the Part I instructions on page 3. For other entities, it is your employer identification number (EIN). If you do not have a number, see How to get a TIN on page 3. Note. If the account is in more than one name, see the chart on page 4 for guidelines on whose number to enter. Social security number 5 =5 10 7 2 (2 Employer identification number O 9 C 5 3 Part II Certification Under penalties of perjury, I certify that: 1. The number shown on this form is my correct taxpayer identification number (or I am waiting for a number to be issued to me), and 2. I am not subject to backup withholding because: (a) I am exempt from backup withholding, or (b) I have not been notified by the Internal Revenue Service (IRS) that I am subject to backup withholding as a result of a failure to report all interest or dividends, or (c) the IRS has notified me that I am no longer subject to backup withholding, and 3. I am a U.S. citizen or other U.S. person (defined below), and 4, The FATCA code(s) entered on this form (If any) indicating that I am exempt from FATCA reporting is correct. Certification instructions. You must cross out item 2 above if you have been notified by the IRS that you are currently subject to backup withholding because you have failed to report all interest and dividends on your tax return. For real estate transactions, item 2 does not apply. For mortgage interest paid, acquisition or abandonment of secured property, cancellation of debt, contributions to an individual retirement arrangement (IRA), and generally, payments other than interest and dividends, you are not r uired to sign the certification, but you must provide your correct TIN. See the instructions on page 3. Sign Here Signature of U.S. person' Date'` 3 General Instructions Section references are to the Internal Revenue Code unless otherwise noted. Future developments. The IRS has created a page on IRS.gov for information about Form W-9, at www.irs.gov/w9. Information about any future developments affecting Form W-9 (such as legislation enacted atter we release it) will be posted on that page. Purpose of Form A person who is required to tile an information return with the IRS must obtain your correct taxpayer identification number (TIN) to report, for example, income paid to you, payments made to you in settlement of payment card and third party network transactions, real estate transactions, mortgage interest you paid, acquisition or abandonment of secured property, cancellation of debt, or contributions you made to an IRA. Use Form W-9 only if you are a U.S. person (including a resident alien), to provide your correct TIN to the person requesting it (the requester) and, when applicable, to: 1. Certify that the TIN you are giving is correct (or you are wailing for a number to be issued), 2. Certify 'that you are not subject to backup withholding, it 3. Claim exemption from backup withholding if you are a U.S. exempt payee. It applicable, you are also certifying that as a U.S. person, your allocable share of any partnership income from a U.S. trade or business is not subject to the withholding tax on foreign partners' share of effectively connected income, and 4. Certify that FATCA code(s) entered on this form if any) indicating that you are exempt from the FATCA reporting, is correct. Note. If you are a U.S. person and a requester gives you a form other than Form W-9 to request your TN, you must use the requester's form if it is substantially similar to this Form W-9. Definition of a U.S. person. For federal tax purposes, you are considered a U.S. person if you are: • An individual who is a U.S. citizen or U.S. resident alien, • A partnership, corporation, company, or association created or organized in the United States or under the laws of the United States, • An estate (other than a foreign estate), or • A domestic trust (as defined in Regulations section 301.7701-7). Special rules for partnerships. Partnerships that conduct a trade or business in the United States are generally required to pay a withholding tax under section 1446 on any foreign partners' share of effectively connected taxable income from such business. Further, in certain cases where a Form W-9 has not been received, the rules under section 1446 require a partnership to presume that a partner is a foreign person, and pay the section 1446 withholding tax. Therefore, if you are a U.S. person that is a partner in a partnership conducting a trade or business in the United States, provide Form W-9 to the partnership to establish your U.S. status and avoid section 1446 withholding on your share of partnership income. Cat. No. 10231X Form W-9 (Rev. 8-2013) BID NO # B1400023 Page 13 STATEMENT OF QUALIFICATIONS AND SUBCONTRACTORS DATE OF THIS STATEMENT: January 23 2014 All questions herein must be answered by all bidders and the information given must be legible, clear in meaning and comprehensive. The bidder will not be given the opportunity to further explain or defend any answers beyond the time that this statement is submitted with the bid. This statement must be notarized. Questions may be answered on separate attached sheets if necessary. The Bidder may attach and submit any additional information which is believed to be pertinent to this bid. Failure to complete this form pursuant to the directions herein may be cause for rejection of the bid. All bidders are reminded that a contract for the work described in the Contract Documents will be awarded to the lowest reliable, responsible and qualified bidder as determined by the County. The County reserves the right to waive informalities and/or irregularities and to reject any or all bids. 1. Name of Bidder (Company or Firm): American Arborist Service 2. Permanent main office address: 9915 Navajo Ct. Longmont, Colorado 80504 Phone Number: (303)833-2085 Fax Number (303)833-2085 3. Year Company was organized: 1978 4. Number of years this Company has been engaged in similar projects as outlined in this bid: From 1997 to present date 5. Under what firm, company or trade names has this company been engaged in this type of business, how long under each name, and how long has each company been bonding work? American Arborist Service since 1978 6. List all projects that the Company has under contract at the present time. Show the contract amount and the anticipated date of completion for each: N/A $ 7. List all contracts which were not completed by the contracted and completion date. Include the project description and state the number of days beyond the contract completion date. N/A 8. List all contracts within the last 3 years for which liquidated damages were assessed or may be assessed. N/A 9. Describe all contracts that the Company failed to complete. N/A BID NO # 81400023 Page 14 10. Describe all contracts on which the Company defaulted or from which the Company was terminated. N/A 11. List all of the subcontractors the Company intends to use under this contract, the work that each subcontractor will do and the percentage of the Company's bid that each contractors work comprises. IF REQUESTED, THOSE CONTRACTORS BEING FURTHER CONSIDERED FOR AWARD SHALL FURNISH, WITHIN 24 HOURS AFTER THE BID OPENING, A SEPARATE STATEMENT OF QUALIFICATIONS COMPLETED BY EACH SUBCONTRACTOR WHO WILL PERFORM (FIFTEEN PERCENT) 15% OR MORE OF THE WORK. SUBCONTRACTOR WORK DESCRIPTION N/A % OF WORK 12. List the principal members of the company who will be involved with this project. PERTINENT NAME Roland E. Bunn Daniel Johnston TITLE Owner YRS. EXPERIENCE 53 Foreman 11 13. List all lawsuits previously filed against or currently pending against you, the Company or any officers of the Company. N/A The undersigned hereby swears and affirms that the information contained herein is complete and true and further, hereby authorizes and requests any person, company, firm or corporation to furnish any information requested by the County of Weld in verification of the recitals comprising this Statement of Qualifications and Subcontractors. Dated this 23 day of January 20 14 Bidder: American Arborist Service By: Name: Roland E. Bunn (Please Type) mpa S gnatu Title: Owner BID NO # B1400023 Page 15 NOTARY County of l 4 ` Q(k State of Ce61mr16 ) ss. ueo.c. , 1= nn Being duly sworn, deposes and says that he is (Title) Of .36A -N ca+N . y sj°aa , and (Company Name) That the answers to the foregoing questions and all statements therein contained are true and correct. Subscribed and sworn before me this '2 :,\ day of _NCii Ictz�.Q , 20 (SEAL) 1 DIANA M CREASON Notary Public State of Colorado Notary ID 20134024859 My Commission Expires Sep 9, 2017 BID NO # B1400023 Page 16 COLORADO DEPARTMENT OF TRANSPORTATION ANTI -COLLUSION AFFIDAVIT PROJECT NO LOCATION LD I hereby attest that I am the person responsible within my firm for the final decision as to the price(s) and amount of this bid or, if not, that I have written authorization, enclosed herewith, from that person to make the statements set out below on his or her behalf and on behalf of my firm. I further attest that: 1. The price(s) and amount of this bid have been arrived at independently, without consultation, communication or agreement for the purpose or with the effect of restricting competition with any other firm or person who is a bidder or potential prime bidder. 2A. Neither the price(s) nor the amount of this bid have been disclosed to any other firm or person who is a bidder or potential prime bidder on this project, and will not be so disclosed prior to bid opening. 2B. Neither the prices nor the amount of the bid of any other firm or person who is a bidder or potential prime bidder on this project have been disclosed to me or my firm. 3A. No attempt has been made to solicit, cause or induce any firm or person who is a bidder or potential prime bidder to refrain from bidding on this project, or to submit a bid higher than the bid of this firm, or any intentionally high or non- competitive bid or other form of complementary bid. 3B. No agreement has been promised or solicited for any other firm or person who is a bidder or potential prime bidder on this project to submit an intentionally high, noncompetitive or other form of complementary bid on this project. 4. The bid of my firm is made in good faith and not pursuant to any consultation, communication, agreement or discussion with, or Inducement or solicitation by or from any firm or person to submit any intentionally high, noncom- petitive or other form of complementary bid. 5. My firm has not offered or entered into a subcontract or agreement regarding the purchase or sale of materials or services from any firm or person, or offered, promised or paid cash or anything of value to any firm or person, whether in connection with this or any other project, in consideration for an agreement or promise by any firm or person to refrain from bidding or to submit any intentionally high, noncompetitive or other form of complementary bid or agreeing or promising to do so on this project. 6. My firm has not accepted or been promised any subcontract or agreement regarding the sale of materials or services to any firm or person, and has not been promised or paid cash or anything of value by any firm or person, whether in connection with this or any other project, in consideration for my firm's submitting any intentionally high, noncompetitive or other form of complementary bid, or agreeing or promising to do so, on this project. 7. I have made a diligent inquiry of all members, officers, employees, and agents of my firm with responsibilities relating to the preparation, approval or submission of my firm's bid on this project and have been advised by each of them that he or she has not participated in any communication, consultation, discussion, agreement, collusion, or other conduct inconsistent with any of the statements and representations made in this affidavit. 8. I understand and my firm understands that any misstatement in this affidavit is and shall be treated as a fraudulent concealment from the Colorado Department of Transportation, of the true facts relating to submission of bids for this contract. I DECLARE UNDER PENALTY OF PERJURY IN THE SECOND DEGREE, AND ANY OTHER APPLICABLE STATE OR FEDERAL LA S, THAT THE STATEMENTS MADE ON THIS DOCUMENT ARE TRUE AND COMPLETE TO THE BEST N LDC C I Olors l m orcompenyrwme �] H el :' C' t C_a_n !Y c' bo r 1 $e4, -,j L r g.... L, 1 a \ )61-,t).....-, (1, L \) ,-. A. Dale -1',11- 1 Title ra Lx.) n. e.- , 2nd 0onlraclor's firm or company name. III joint venire.) By Date Title Sworn to before me this 23 ta day of, -.)CN)1/4p ` 20 1 ii Notary Public aCQ,% Cfot-) DIANA M CREASON Notary Public State of Colorado Notary 10 20134024859 wit, r'nmmiccinn Frntrac CPn Q 7A17 My commission expires &T Cali j Qo VI-- NOTE: This document must be signed in ink. arm 0606 1/02 BID NO # B1400023 Page 17 BID SCHEDULE Weld County's past two years averages are listed below: Removed approximately 200 - 250 trees in all parts of the county. The estimated work days per year are 100 - 150 for tree removal, add approximately 10 — 12 days of trash clean-up, and add 5-10 days for tree stump grinding. Each contractor is required to submit a bid based on the 2014 bid schedule for labor and equipment. ALTERNATE 1: ENTIRE COUNTY (NORTH AND SOUTH OF U. S. HWY 34) WORKING WITH COUNTY CREWS 1) $90 per hr To provide minimum of 50 foot bucket with truck and operator 2) $70 per hr To provide a 27- ft grapple truck with a 25 cubic yard capacity truck and operator for loading material or debris onto itself then off loading onto a county vehicle (end dump) when necessary. 3) $ 120 per hr To provide a grapple truck only with operator included for trash pickup along county Right of Way at various locations throughout Weld County. 4) $160 per hr Contractor to be available when needed for after hours due to storms, accidents or anything classified as urgent or emergency by county personnel with approximate response time included. 5) $160 per hr To provide a stump grinder for the purpose of grinding stumps to a predetermined grade by Public Works crews at various locations throughout Weld County authorized county personnel. lump 6) $No charge sum To have available a temporary dumpsite for storage of tree limbs that can be chipped and removed to dumpsite by county crews. TOTAL ALTERNATE #1: $ $160.00 ALTERNATE 2: ENTIRE COUNTY (NORTH AND SOUTH OF U. S. HWY 34) WORK INDEPENDENTLY& COORDINATE WITH COUNTY REPRESENTATIVE per hr To provide minimum of 50 foot bucket with truck and operator. per hr To provide include a 27- ft grapple truck with a 25 cubic yard capacity truck and operator for loading material or debris onto itself then off loading onto a county vehicle (end dump) when necessary. per hr To provide traffic control providing two certified flaggers and signing to keep traffic flow to one lane while crews trim trees. per hr To provide a chipper and truck with operator and a proper disposal site. per hr Contractor to be available when needed for after hours due to storms, accidents or anything classified as urgent or emergency by county personnel with approximate response time included. per hr To provide stump grinder for the purpose of grinding stumps to a predetermined grade by authorized county personnel at various locations throughout Weld County. lump sum To have a temporary dumpsite for storage of tree limbs that can be chipped and removed to dumpsite by county crews. TOTAL ALTERNATE #2: $ BID NO # B1400023 Page 19 ALTERNATE 3: SOUTH COUNTY AREA ONLY (SOUTH OF U. S. HWY 34) WORKING WITH COUNTY CREWS 1) $ per hr To provide minimum of 50 foot bucket with truck and operator. 2) $ per hr To provide a 27- ft grapple truck with a 25 cubic yard capacity truck and operator for loading material or debris onto itself then off loading onto a county vehicle (end dump) when necessary. 3) $ per hr To provide a grapple truck only with operator included for trash pickup along county right- -of-way at various locations throughout Weld County. 4) $ per hr Contractor to be available when needed for after hours due to storms, accidents or anything classified as urgent or emergency by authorized county personnel with approximate response time included. 5) $ per hr To provide stump grinder for the purpose of grinding stumps to a predetermined grade by Pubic Works crews at various locations throughout Weld County. lump 6) $ sum To have temporary dumpsite for storage of tree limbs that can be chipped and removed to dumpsite by County crews. TOTAL ALTERNATE #3: $ ALTERNATE 4: NORTH COUNTY AREA ONLY (NORTH OF U. S. HWY 34) WORK WITH COUNTY CREWS 1) $ per hr To provide minimum of 50 foot bucket with truck and operator. 2) $ per hr To provide include a 27- ft grapple truck with a 25 cubic yard capacity truck and operator for loading material or debris onto itself then off loading onto a county vehicle (end dump) when necessary. 3) $ per hr To provide a grapple truck only with operator included for trash pickup along county right- -of-way at various locations throughout Weld County. 4) $ per hr Contractor to be available when needed for after hours due to storms, accidents or anything Classified as urgent or emergency by county personnel with approximate response time included. 5) $ per hr To provide stump grinder for the purpose of grinding stumps to a predetermined grade by Authorized county personnel at various locations throughout Weld County. 6) $ lump sum To have temporary dumpsite for storage of tree limbs that can be chipped and removed to dumpsite by County crews. TOTAL ALTERNATE #4: $ BID SUMMARY: (Bid on only one Alternate.) ALTERNATE #1 ALTERNATE #2 ALTERNATE #3 ALTERNATE #4 160.00 per hour TOTAL BID TOTAL BID TOTAL BID TOTAL BID BID NO # B1400023 Page 20 Bidder agrees to perform all Work described in the Contract Documents for the unit prices as shown in the Bid Schedule. Payment will be based on quote for actual labor and equipment hourly rate for services. SIGNATURES: Dated this 23 day of January , 20 14 FIRM NAME: American Arborist Service BY: Roland E. Bunn TIT I :_ Owner BIDDER'S LEGAL SIGNATURE: C STATE OF INCORPORATION: Colorado ADDRESS: 9915 Navajo Ct. Longmont, Colorado 80504 TELEPHONE NO: (303)833-2085 FAX NO: (303)833-2085 BID NO # B1400023 Page 21 MEMORANDUM TO: Marcia Walters, Purchasing DATE: February 20, 2014 Rose Everett, Purchasing FROM: Joshua Holbrook, Construction Inspection Supervisor SUBJECT: 2014 Tree Trimming and Tree Removal Contract BOCC Approval Date February 26, 2014 BID NO: #B1400023 On February 11, one bid was received for the 2014 Tree Trimming and Tree Removal contract. The sole bid was received by American Arborist Service, located out of Longmont Colorado. Based off their hourly rates the total contracted amount would be $185,000.00. This amount is under the budgeted amount for 2014. Public works call seven different tree service companies to find out why they did not bid on this contract and the reasons are listed below: 1) Do not have work in this area, which would not allow them to make a competitive offer. 2) Too far away 3) They have already been contracted with another agency for the year. With the information that was received from the tree service companies and that the submitted price by American Arborist is under the budgeted amount for 2014, it is my recommendation to award the project to American Arborist for a total amount of $185,000.00. The Public Works Department has used American Arborist in the past and has been satisfied with their work. pc: Trevor Jiricek, Director of Environment Health and General Services Dave Bauer, Public Works Senior County Engineer Curtis Hall, Public Works Motor Grader Supervisor Elizabeth Relford, Public Works Transportation Planner Janet Lundquist, Public Works Traffic Engineer OV/'A' //7 C:\Users\sbrown\AppData\Local\Microsoft\Windows\Temporary Internet Files\Content.outlook\HUFHU5UR\TREE TRIMMING TREE REMOVAL-23- appyoval.docx EG OD 2Ol 2014 Tree Trimming and Removal (Proposal No. B1400023) American Arborist Services I Total unit cost O 0 oo in in O 0 O •ct in O 0 O in in O 0 O ri in O 0 O ri in in 0 0 0 00 ri in I Unit Cost O al in O o in O o ri in O to ri in 0 � ri In in m „ O f- 2014 Est. Quantity (hours) 0 0 v O 0 No Charge Y D V _= J st E CU .-I N M izt in tD Description Provide 50' bucket with truck and operator Provide 27' grapple truck with a 25 CY capacity truck and operator. For tree debris Provide 27' grapple truck with a 25 CY capacity truck and operator. For trash pickup After Hours due to storms, accident (anything classified as urgent or emergency. Provide stump grinder Temporary dumpsite for storage of tree limbs CD IX) ] \ \ 2 ))! (7)oea# ««aRw os= 04RE vo up 6 8 RI .4- CLo 0'' $\k\\\ RZ2;»w ooE@ss �0 m2EEOx ■_±W0_LL ALTERNATE #3 ALTERNATE #4 ALTERNATE #2 ALTERNATE #1 VENDORS § O § O z O - 2k 2 E tC.0%o �tk0. E 'a. O o k��20 E�2o \ %�kk§ � 9-O.,13 fl 0 aWM . 02 � o-..a_§E 2.0E g tN. 2 0 ID CI . 2 §000E; oo===eu =§-8800 kEtS I k I ( - 2 o moo 000 0<5 \z0 0)\ a. 0 k z 0 §mm co0wLU wcook .-I/ k�zz 0 0 z04E z E it § 00 tgi n® CO iLL}\( 0 O r r :O0 O oRs- WO) >->- caled =oo 0«« Z, 011.20 zzz Zzzz MDMM 0000 0000 La W__ re zz00 wwmz ±III St% ±wuu yaaa &ZZZ CG■W wwww -I—I-I ««« 9 4Sc Hello