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Shadywood Tree Expeerts Professional Services Agreement approved 01-09-2023DocuSign Envelope lD: 92736DAF-6995-447 2-A387-F91 90E234884 PROFESSIONAL SERVICES AGREEMENT AGREBMENT made this 9th day of January 2023, by and between the CITY OF CHAI\HASSEN, a Minnesota municipal corporation ("City"), and SHADYWOOD TREE EXPERTS & LANDSCAPING COMPANY ("Contractor"). IN CONSIDERATION OF THEIR MUTUAL COVENANTS, THE PARTIES AGREE AS FOLLOWS: 1. SCOPE OF SERVICES. The City retains the Contractor for 2023 Tree Pruning and Removal Services. 2. CONTRACT DOCUMENTS. The following documents shall be referred to as the "Contract Documents," all of which shall be taken together as a whole as the contract between the parties as if they were set verbatim and in full herein: This Professional Services Agreement; Request for Quote ("RFq", including project specifications dated November 22,2022; Contractor's proposal, December 19,2022, for Tree Removal and Pruning Services (o'Proposal") for the City of Chanhassen. In the event of conflict among the provisions of the Contract Documents, the order in which they are listed above shall control in resolving any such conflicts, with Contract Document "A" having the first priority and Contract Document "C" having the last priority. 4. COMPLETION DATE. The Work must be completed and in accordance with the Contract Documents by December 31,2023. 5. CHANGE ORDERS. All change orders, regardless of amount, must be approved in advance and in writing by the City. No payment will be due or made for work done in advance of such approval. A. B. C I 3. COMPENSATION. Contractor shall be paid by the City for the pruning and removal services described in the Proposal a not to exceed fee of One hundred twenty thousand Dollars ($120,000.00), inclusive of expenses. Pruning and tree removal services as described in the RFQ shall proceed as directed and prioritized by the city, subject to the not to exceed fee. The not to exceed fee and expenses shall not be adjusted even ifthe estimated hours to perform a task, or any other estimate or assumption is exceeded. Contractor shall bill the City as the work progresses. Payment shall be made by the City within thirty-five (35) days of receipt of an invoice. DocuSign Envelope ID: F0D50627-7FD0-4595-8FB3-0C4B1CFCDEF3 DocuSign Envelope lD: 92736DAF-6995-447 2-A387-F91 90E234884 6. COMPLIAI\CE WITH LAWS AND REGULATIONS. In providing services hereunder, Contractor shall abide by all statutes, ordinances, rules and regulations pertaining to the provisions of services to be provided. 7. CONTRACTOR,S REPRESENTATIONS. Contractor has exAMiNEd ANd carefully studied the Contract Project Specifications Document and other related data identified in the Contract Documents. Contractor has visited the Sites and become familiar with and is satisfied as the general, local, and Site conditions that may affect cost, progress, and performance of the Work. Contractor is familiar with and is satisfied as to all federal, state, and local Laws and Regulations that may affect cost, progress, and performance of the Work. Contractor shall abide by and employ all necessary and standard traffic safety measures along city roads and trails. Contractor will have an ISA Certified Arborist on site with all crews during all work. The Contract Documents are generally sufficient to indicate and convey understanding of all terms and conditions for performance and fumishing of the Work. 8. INDEMNIFICATION. Contractor shall indemnifr and hold harmless the City, its officers, agents, and employees, of and from any and all claims, demands, actions, causes of action, including costs and attomey's fees, arising out of or by reason of the execution or performance of the services provided for herein and further agrees to defend at its sole cost and expense any action or proceeding commenced for the purpose of asserting any claim of whatsoever character arising hereunder. g. INSURANCE. Contractor shall secure and maintain such insurance as will protect Contractor from claims under the Worker's Compensation Acts, automobile liability, and from claims for bodily injury, death, or property damage which may arise from the performance of services under this Ageement. Such insurance shall be written for amounts not less than: A. B. C D E Commercial General Liability Automobile Liability Professional Liability $2,000,000 each occurrencel aggregate $2,000,000 combined single limit $2,000,000 each occurrence/aggregate The City shall be named as an additional insured on the general liability policy on a primary and non- contributory basis. Before commencing work, the Contractor shall provide the City a certificate of insurance evidencing the required insurance coverage in a form acceptable to City' 10. INDEPENDENT CONTRACTOR. The City hereby retains Contractor as an independent contractor upon the terms and conditions set forth in this Agreement. Contractor is not an employee of the City and is free to contract with other entities as provided herein. Contractor shall be responsible for selecting the means and methods of performing the work. Contractor shall fumish 2 DocuSign Envelope ID: F0D50627-7FD0-4595-8FB3-0C4B1CFCDEF3 DocuSign Envelope lD: 92736DAF-6995-4472-A387-F91 90E234884 any and all supplies, equipment, and incidentals necessary for Contractor's performance under this Agreement. City and Contractor agree that Contractor shall not at any time or in any manner represent that Contractor or any of Contractor's agents or employees are in any manner agents or employees of the City. Contractor shall be exclusively responsible under this Agreement for Contractor's own FICA pa),rynents, workers compensation payments, unemployment compensation payments, withholding amounts, and/or self-employment taxes if any such payments, amounts, or taxes are required to be paid by law or regulation. 11. SUBCONTRACTORS. Contractor shall not enter into subcontracts for services provided under this Agreement without the express written consent of the City. Contractor shall comply with Minnesota Statutes $ 471 .425. Contractor must pay subcontractors for all undisputed services provided by subcontractors within ten (10) days of Contractor's receipt of payment from City. Contractor must pay interest of one and five-tenths percent ( I .5%) per month or any part of a month to subcontractors on any undisputed amount not paid on time to subcontractors. The minimum monthly interest penalty payment for an unpaid balance of One Hundred Dollars ($100.00) or more is Ten Dollars ($10.00). 12. CONTROLLING LAWNENUE. This Agreement shall be governed by and construed in accordance with the laws of the State of Minnesota. In the event of litigation, the exclusive venue shall be in the District Court of the State of Minnesota for Carver County Minnesota. 13. MINNESOTA GOVERNMENT DATA PRACTICES ACT. Contractor must comply with the Minnesota Government Data Practices Act, Minnesota Statutes Chapter 13, as it applies to (l) all data provided by the City pursuant to this Agreement, and (2) all data, created, collected, received, stored, used, maintained, or disseminated by Contractor pursuant to this Agreement. Contractor is subject to all the provisions of the Minnesota Govemment Data Practices Act, including but not limited to the civil remedies of Minnesota Statutes Section 13.08, as if it were a government entity. In the event Contractor receives a request to release data, Contractor must immediately notify City. City will give Contractor instructions concerning the release of the data to the requesting party before the data is released. Contractor agrees to defend, indemnifu, and hold City, its officials, officers, agents, employees, and volunteers harmless from any claims resulting from Contractor's officers', agents', city's, partners', employees', volunteers', assignees' or subcontractors'unlawfuldisclosure and/or use of protected data. The terms of this paragraph shall survive the cancellation or termination of this Agreement. 14. COPYRIGHT. Contractor shall defend actions or claims charging infringement of any copyright or software license by reason of the use or adoption of any software. designs, drawings or specifications supplied by it" and it shall hold harmless the City from loss or damage resulting therefrom. 15. PATENTBD DEVICBS, MATERIALS AND PROCESSES. If the Contract requires, or the Contractor desires, the use of any design, devise, material or process covered by letters, patent or copyright, trademark or trade name, the Contractor shall provide for such use by suitable legal agreement with the patentee or owner and a copy of said agreement shall be filed with the City. If no such agreement is made or filed as noted, the Contractor shall indemnify and J DocuSign Envelope ID: F0D50627-7FD0-4595-8FB3-0C4B1CFCDEF3 DocuSign Envelope lD: 92736DAF-6995-447 2-A387-F91 90E234884 hold harmless the City from any and all claims for infringement by reason of the use of any such patented designed, device, material or process, or any trademark or trade name or copyright in connection with the services agreed to be performed under the Contract, and shall indemnify and defend the City for any costs, liability, expenses and attorney's fees that result from any such infringement. 16. RECORDS. Contractor shall maintain complete and accurate records of hours worked and number of crew involved in the performance of services for each work location. 17. ASSIGNMENT. Neither party shall assign this Agreement, or any interest arising herein, without the written consent of the other parry. 18. WAMR. Any waiver by either party of a breach of any provisions of this Agreement shall not affect, in any respect, the validity of the remainder of this Agreement. 19. ENTIRE AGREEMENT. The entire agreement of the parties is contained herein. This Agreement supersedes all oral agreements and negotiations between the parties relating to the subject matter hereof, as well as any previous agreements presently in effect between the parties relating to the subject matter hereof. Any alterations, amendments, deletions, or waivers of the provisions of this Agreement shall be valid only when expressed in writing and duly signed by the parties, unless otherwise provided herein. 20. TERMINATION. This Agreement may be terminated by the City for any reason or for convenience upon written notice to the Contractor. In the event of termination, the City shall be obligated to the Contractor for payment of amounts due and owing including payment for services performed or furnished to the date and time of termination. Dated 2023. CITY OF CHANHASSEN BY: Elise Ryan, Mayor BY: Laurie Hokkanen, City Manager Dated U312023 2023. S TREE EXPERTS & LANDSCPING BY: jake nitz Operations manager 4 Its DocuSign Envelope ID: F0D50627-7FD0-4595-8FB3-0C4B1CFCDEF3 1/10/2023 DocuSign Envelope lD: 92736DAF-6995-4472-A387-F91 90E234884 1t.r.Supplcmcntal [nformation Name of Contractor Shadywood Tree Expcrts Address: 402 I lth Ave S, Hopkins MN 55343 Name Mike Harmon Chuck Madscn Dave Andcrson Chad Moren Tanner Homme Luke Tavernier Lucas Percz , Steve Sather Does your firm have Municipal or County Tree Work Service experience withinthc last five (5) years? yES NO A. Municipality/County: City of Chanhasscn Description of work: winter Tree prunine contracts and rree Removal Datc(s) of work: 2018 (Removal),2020.(Prunrng),2021 (Pruning), 2022 (pruning anrl Removals) B. Municipality/County City of St- Louis park Description of work: Private & public fiee removal & stump grinding Date(s) of Work 2019.2020/021,2022 (Removals only) C. MunicipalityiCounty: City of Bloomington_ Description of Work: Stump grinding contract Dates(s) of Work: 201 8, 201 q. 2020,2021 ,2022 2. List Business Owner and employees by Name, Position and Licenses: Position/Years Lrccnsc(s o s Co-Owner/7 years PHC M t2 ISA ,, MN-0129A/Csrtilied PHC Tcch Arborrsls/PllC Tcch/Crcw-l I years ISA#MN,t|4AlCcrrilied PHC Tccb ISA #Wr-076tA 5 Crcw Foreman - 2 Tree Crew/ 5 years Pl{C Tcch/Trcc CrcMArbonsr - 8 ycars IL #5lssfuCertified PI'IC Tech Keith Curtis Co-Owncr/15 ISA Cert. #4130A , Arborrsts/Productton Crcw/4 ycarsJake Nitz Tree Crew/ 4 City ot Chonhossen - RFP forTree Work Services I I DocuSign Envelope ID: F0D50627-7FD0-4595-8FB3-0C4B1CFCDEF3 DocuSign Envelope lD: 92736DAF-6995-4472-A387-F91 90E234884t (tntnrc[(]r Itt rvrdc all tlcnl\ lt\ ll thc il'icll rr I r\:tl Districl 2 Sln"et, "lYril unrl Park Pnrning - Ilourlv Rutc $.1{5 ptr hour District 2 Strer.t. "l'nril nnd l'rrrk Pruniug - Crr:rv Sizc .l Itcrson crcrv tlnil pricc Stump Crind, clcanup and rc-secd Trce Rcnrovnl lice Schcrlulc tlnit tlnit Price sr l0'ltcc Rcnrov:rl 2" - 6" Dilmetcr st00 Each $450 $210 Tbec Rcmoval 13" - 18" Diameler Elch $735 $3r0 slr65 $435Trec Rcmoval 19" - 2{' Diamctcr Each $1695 $625Trcc Rcmoval 25' - 30* Diamctcr Bach $2 175 s825BachTrec Removal 31" - 36" Dilmeter Each $3000 $925Tfee Removal 36" - {0" Diametcr Each $5198 $12r5Tree Rentoval {l'r+ Diametcr i"arcs 'lhc ciry is a t&\-cxcmpt cntirv. n Ul"\-uxglpt ccrtilicatc is avuilahlc upon ruqu_cst. r)atcd this.dayor-. 2022. l?J \ of ( Ir"- B.{ >,c2A Cttn lnc'tor l{r:pr u-sc n tl t iv r: S i gna tu, .- Jo.rg L iVtV Cily of Chonhossen - RFP for lree Work Services I 1.3. STATEMENT OF CONTRACTOR'S QU ALI FICA IIONS I I I Enclt Thce Renroval 7" - 12" Di:rmetcr DocuSign Envelope ID: F0D50627-7FD0-4595-8FB3-0C4B1CFCDEF3 DocuSign Envelope lD: 92736DAF-6995-4472-A387-F91 90E234884 I I J. S'I'ATEMENT OF CON'T'RACTOII'S QUALI}'ICATIONS All questions nrust be answered and the data given must bc clear and comprehensive. Qucstions nlay be ansrvcred on separate attached sheets. l'he Contractor may submit any additional information they desire. t. Company Name C lft VtName of Company Representative PhoneNumber btl SlLl >@b 2. Permanent addrec Wh f(,:. Number of years in business .t. Provide a description of your understanding of the proposed work to be performed along rvith a schedule of how the work may proceed throughout the year in order to complete all iterns. This will be a combination of removal and pruning as part of the contract, all removals rvill be Marked by the city Trees will be completed with full cleanup. The current plan may be subject to change rvould be to devote approximately one rveek a month to this project taking into account that some of the oaks and elms will have to wait until dormant season. Prices of enclosed are based on rree condition being safe. If the condition of the tree Is deemed hazardous or unsafe due to major strucrural defects or site conditions those particular trees We reserve the right to decline or re-bid on an individual basis where we may need to use cranes or other equipment to safely remove these trees. Emergency rvork will not be part of this contract. The undersigned hereby authorizes and requests any person, firm or corporation to lirrnish an1' informationrequested by the Owner in verification of the recitals comprising this Staternent of Contractor's Qual i fi cations. Name of Company By: VerT)#*.*x-fo ,).r k l,/,? rn : )[k Clttu-5 lnNv,rt ct er IfcrT;ti,i7q"nr'f- Date a* ni, ,llfhoay or-{k3/Nzdozz. ,.1) hc /, DocuSign Envelope ID: F0D50627-7FD0-4595-8FB3-0C4B1CFCDEF3 Request for Proposal For Tree Pruning and Removal Services For the City of Chanhassen, Minnesota City of Chanhassen 7700 Market Blvd, PO Box 147 Chanhassen, MN 55317 November 22, 2022 RFP for Tree Pruning and Removal Services Page 2 TABLE OF CONTENTS I. REQUEST FOR PROPOSAL II. PROJECT DESCRIPTION III. SCOPE OF SERVICES IV. SUBMISSION REQUIREMENTS V. SELECTION CRITERIA VI. STATEMENT OF QUALIFICATIONS VII. GENERAL INFORMATION VIII. LOCATION OF THE WORK IX. CITY-CONTRACT AGREEMENT X. BID FORMS EXHIBITS: A. PRUNING WORK PLAN AND MAP- Street and Trail Clearance Work B. CITY-CONTRACTOR AGREEMENT C. GENERAL CONDITIONS RFP for Tree Pruning and Removal Services Page 3 I. Request for Proposal: A. The City of Chanhassen, Minnesota desires to retain a qualified Contractor for Tree Pruning and Removal Services in 2023 for the City of Chanhassen. B. Interested Contractors are invited to submit their qualifications for consideration. The submittal should contain, at a minimum, the information included in this Request for Proposals. C. Proposal submittals must be received by Monday, December 19, 2022 by 4:30p by email (jsinclair@ci.chanhassen.mn.us) or hard copy to the office listed below: Ms. Jill Sinclair Environmental Resource Specialist City of Chanhassen 7700 Market Blvd., PO Box 147 Chanhassen, MN 55317 D. The City reserves the right to reject any and all submittals. E. City of Chanhassen staff will evaluate the proposals received. A recommendation selection will then be made and forwarded to the City Council for their consideration. Final selection authority rests with the City Council. F. All inquiries or contacts related to this RFP are required to be made exclusively through Jill Sinclair, Environmental Resources Specialist by email at jsinclair@ci.chanhassen.mn.us. II. Project Description: The City of Chanhassen desires to contract with a qualified Contractor for Tree Pruning and Removal Services along public streets and trails as well as in parks and public spaces. A full Scope of Work can be found in Section III of this document. The Purpose of this Request for Proposal is to establish a one year contract with a qualified Contractor who can provide all necessary transportation, supervision, labor, licenses, tools, equipment, services and expertise to perform contractual services. The contract will commence on January 1, 2023, and terminate on December 31, 2023, unless terminated sooner in accordance with the provisions contained in this proposal. The city reserves the option, under the terms of the agreement with the contractor, to extend the contractor for a one (1) year period. A cost-of-living adjustment to account for fuel prices may be included in the contract extension. Both city and contractor must agree to such terms in writing. City of Chanhassen - RFP for Tree Work Services III. Scope of Services: a. Tree Removal: The Contractor shall remove trees deemed necessary for removal by the City. A list of trees identified by the city for removal is supplied to the contractor. Only trees marked and identified by the city shall be permitted to be removed unless otherwise directed in writing by the City. i. Felling of trees larger than 12” DBH shall not be permitted. All trees shall be limbed out using appropriate rigging techniques to protect public safety and prevent unnecessary damage to surrounding turf, trees, shrubs and landscape plantings. Sidewalks, curbs, streets, manhole structures and associated hardscapes shall be protected from the impact of falling wood. Any and all damage to public or private property shall be reported to the Street Maintenance or Park Maintenance Foreman immediately. ii. All work shall comply with ANSI Z133 Safety standards. b. Clearance Pruning – Streets and Trails: The Contractor shall prune along city streets to provide 14’ height clearance and up to 8’ clearance from edge of pavement, unless otherwise directed by the city, and along trails to provide 10’ height clearance and 3’ clearance from the edge of pavement, unless otherwise directed by city. The city is divided into 3 districts with the desire for clearance pruning within a district to be completed in one calendar year as follows: District 1 -2022, District 2 – 2023, District 3 - 2024. The city will prioritize the clearance pruning within each District. Exhibit A – Street and Trail Clearance Pruning maps. i. All pruning shall follow ANSI A300 (Part 1) Pruning standards. ii. All work shall comply with ANSI Z133 Safety standards. c. Structural Tree Pruning: The Contractor shall prune trees designated by City. Trees designated for pruning will be pruned of all dead, diseased, dying, broken limbs greater than two (>2) inches in diameter and all double leaders. Pruning to promote scaffold branching and eliminate narrow crotches will also be required. All suckers and sprouts will be removed. Exhibit B – Annual Structural Pruning Work shows the annual pruning work. i. All pruning shall follow ANSI A300 (Part 1) Pruning standards. ii. All work shall comply with ANSI Z133 Safety standards. d. Job Performance Requirements: i. Maintenance Pruning Standards: All pruning methods shall comply with the Arboricultural Industry standards and shall meet but not be limited to following the requirements:  Contractor must assure that no hooks, gaffs, spurs or climbers will be used by any employee.  Topping, heading back or lion-tailing is not an acceptable method of pruning within the City, and is strictly prohibited. City of Chanhassen - RFP for Tree Work Services  Final pruning cuts shall be made without leaving stubs.  Cuts shall be made in a manner to promote fast callous growth.  When removing a live tree branch, pruning cuts should be made in branch tissue just outside the branch bark ridge and collar, which are trunk tissue. If no collar is visible, the angle of the cut should approximate the angle formed by the branch bark ridge and the trunk.  When removing a dead tree branch, the final cut should be made outside the collar of life callus tissue. If the collar has grown out along the branch stub, only the dead stub should be removed. The live collar should remain intact and uninjured.  When removing limbs that are too large to hold securely in one hand during the cutting operation, the limb shall be cut off first at a point several feet beyond the intended final cut.  The final cut shall be made in a manner to prevent unnecessary tearing back of the bark and wood. Cuts that result in the tearing of tissue on limbs below cuts shall be corrected.  All pruning tools, saws and equipment shall be kept sharp and in good condition to result in final cuts with an un-abrasive wood surface and secure bark remaining intact.  Chainsaws will not be permitted to remove any branches two (2) inches or less in diameter. This is to prevent any unnecessary abrasions to cambial tissue that may predispose a tree to insect and/or future disease and/or decay problems.  When trimming fungus, disease or fire blight infected limbs or fronds, all pruning tools shall be cleaned after each cut with bleach.  Any extraneous metal, wire, rubber, nails or other material interfering with tree growth shall be removed when possible. i. Debris and Chip Disposal: The Contractor is responsible for the disposal of all logs, limbs, chips and debris generated by work described. Contractor shall follow MN Dept. of Agriculture guidelines for proper disposal methods for all species. ii. Access: Bucket/chipper truck access is limited to park service roads, parking lots and public streets when ground is not frozen. Operation of equipment “off-road” will require, at minimum, ¾” plywood planking or approved equal to prevent soil compaction. City of Chanhassen - RFP for Tree Work Services iii. Site Clean-Up: The site should be restored, as close as reasonably practical, to conditions existing prior to work commencing. The Contractor shall chip all trees limbs and tree debris from sites and properly dispose of debris. The Contractor shall clean up the site and remove and dispose of all debris at the end of each day’s operation. Limbs and trunks temporarily placed in the park areas shall be placed in such a manner as to eliminate any obstruction to motor vehicles and/or pedestrians. Logs left lying on the ground awaiting pick-up shall be sufficiently blocked to prevent movement. Site cleanup shall include removal of sawdust, small twigs, chips, leaves, trunks and limbs from the street, curb, parkway, sidewalk, lawn areas and driveways with appropriate tools for the job. iv. Protection of Property: The Contractor shall take all necessary precautions to eliminate damage to adjacent trees and shrubs, lawns, curbs, walks, or other real and/or personal property. Holes or ruts made in the lawn, regardless of size, shall be filled with soil and seeded with a turf grass lawn seed mix. Vegetation surrounding a tree marked for removal/pruning shall be disturbed as little as possible. v. Safety Standards: All equipment to be used and all work to be performed must be in full compliance with the most current revision of the American National Standards Institute Standard Z-133 and A300 (Part 1), or as amended. Blocking of public streets shall not be permitted unless prior arrangements have been made with the City or its representatives. The Contractor shall provide adequate barricades, flag person(s), signs and/or warning devices during the performance of the Contract to protect motorists and pedestrians. All placements of cones, signs and barricades must conform to the current Manual on Uniform Traffic Control Devices. Yellow flashing lights mounted on a vehicle shall not be deemed as sufficient or adequate protection. vi. Work Hours: Between 7:00 a.m. and 6:00 p.m., Monday through Friday. Work on Weekends and Holidays is not allowed unless it is deemed an emergency and has been approved by the City. vii. Work Schedule: At the start of the contract, the Contractor shall propose a general monthly schedule to accomplish the clearance and structural pruning work before the Completion Date. A progress update is required quarterly. IV. Statement of Qualifications: Responses to this RFP should be specific and precise with adequate detail to accurately define the services required. Limit your responses to the information requested by each section. Any additional information submitted should be included in a separate section marked “Additional Information.” All responses to this RFP shall be in accordance with all applicable local, State, and Federal regulations. City of Chanhassen - RFP for Tree Work Services Interested and qualified Contractors should include the following information in their submission: a. Pricing Proposal, including Removal Fee Schedule, for Contractual Services Offered. b. Name, employment status and number of personnel who would be used to do designated tree work for the City; please include ISA Certification number, Commercial Driver License Number, Year/Months Employed. c. Recent experience of the Contractor, including similar work undertaken for other municipalities and/or governmental agencies. Do not include work previously performed for the City of Chanhassen. d. The selected Contractor shall procure and maintain during the life of this agreement insurance of the types and minimum amounts as follows: Commercial General Liability (or in combination with an umbrella policy)   $2,000,000 Each Occurrence $2,000,000 Products/Completed Operations Aggregate $2,000,000 Annual Aggregate The following coverages shall be included: Premises and Operations Bodily Injury and Property Damage Personal and Advertising Injury Blanket Contractual Liability Products and Completed Operations Liability Automobile Liability $2,000,000 Combined Single Limit – Bodily Injury & Property Damage Including Owned, Hired & Non-Owned Automobiles Workers Compensation Except as provided below, Contractor must provide Workers’ Compensation insurance for all its employees and, in case any work is subcontracted, Contractor will require the subcontractor to provide Workers’ Compensation insurance in accordance with the statutory requirements of the State of Minnesota, including Coverage B, Employer’s Liability. Insurance minimum limits are as follows: $500,000 – Bodily Injury by Disease per employee $500,000 – Bodily Injury by Disease aggregate $500,000 – Bodily Injury by Accident If Minnesota Statute 176.041 exempts Contractor from Workers’ Compensation insurance or if the Contractor has no employees in the City, Contractor must provide a written statement, signed by an authorized representative, indicating the qualifying exemption that excludes Contractor from the Minnesota Workers’ Compensation requirements. If during the course of the contract the Contractor becomes eligible for Workers’ Compensation, the Contractor must comply with the Workers’ Compensation insurance requirements herein and provide the City with a certificate of insurance. The comprehensive General Liability policy shall be endorsed to cover liability assumed by the selected Contractor team hereunder. To the extent permitted by law, the selected City of Chanhassen - RFP for Tree Work Services Contractor shall name the City as an additional insured on all insurance policies required by the Agreement. Said insurance shall be written by a Contractor or companies licensed to do business in the State of Minnesota and satisfactory to City Representatives. Certificates evidencing such insurance shall be furnished to the City prior to the selected Contractor commencing the work. The insurance evidenced by the certificate shall indicate that it will not be cancelled or altered, except that it may be cancelled or altered upon twenty days prior written notice to the City. The certificate(s) must state the City as an additional insured on those policies if applicable. e. Any bidder may be required by the City of Chanhassen to submit additional data in support of the bidder’s claim to be competent to carry out the terms and provisions of the contract. V. Selection Criteria: The City will be evaluating the Proposal based on, but not limited to, the following selection criteria: a. The past record of performance with respect to quality of work and ability to meet schedules. 15 pts b. Cost of services. 85 pts The City reserves the right to accept or reject any proposal and waive any irregularities in the best interest of the City. VI. Indemnification: The selected Contractor shall indemnify and hold harmless the City against injury, loss or damage and costs and expenses (including reasonable attorney fees) suffered or incurred by the City for personal injuries including death, or property damages sustained, caused by negligent or willful acts, errors or omissions of the selected Contractor, their respective agents, employees or contractors arising out of the Work of this Contract. The selected Contractor’s obligation, if any, to indemnify the City is limited to losses incurred by the City as a direct result of selected Contractor’s act(s) or omission(s) and does not extend to losses sustained in whole or in part as a result of the City’s act(s) or omission(s). VII. General Information: The intent and purpose of this RFP is to establish a one year contract (with option to renew for an additional year) with a qualified Contractor who can provide all necessary transportation, supervision, labor, licenses, tools, equipment, services and expertise to City of Chanhassen - RFP for Tree Work Services perform contractual tree work. A. Examination of Sites: All interested parties should inform themselves of all the conditions under which the work is to be performed concerning the site of the work, the obstacles which may be encountered and all other relevant matters concerning the work to be performed under this contact. The Contractor to whom a contract is awarded will not be allowed any extra compensation by reason of any such matters of concern which the Contractor did not inform himself prior to bidding. The successful Contractor must employ, so far as possible, such methods and means that will not cause any interruption of interference with any other contractor. B. Completion Requirements: The completion date for this contract is Dec. 31, 2023. The Contractor shall not be entitled to any claims against the City for damages from any cause whatsoever in the progress of the work or any portion thereof. The time for completion of the work may be extended upon written request from the contractor to the contract administrator, provided request is based on delays or suspensions that are not of the Contractor; and such delays shall include, but not limited to acts or neglects of the City or others performing additional work, or to fires, floods, abnormal weather conditions; or the request is based upon significant change in the scope of the work which has been approved by the City of Chanhassen. The extension shall be the equivalent number of working days or lost hours or in proportion to the amount of extra work compared to the amount of the original contract. Request for extensions in completion dates shall be made within twenty (20) days of occurrence. The Contractor shall, at the time of submitting a request for extension, also supply supporting documentation justifying the request. Time lost due to an inadequate work force, poor time management of project over the course of the contract or failure of the contractor to properly supply or place orders for equipment or materials will not be justification for extensions of time. C. Inspection of Work: All work must be completed to the satisfaction of the City. D. Damage to Property: Any damage to property as the result of the Contractor’s operations shall be the responsibility of the Contractor. Should the damage not be rectified within the time agreed upon or to the satisfaction of the City, the City reserves the right to replace that which was damaged, or assess the Contractor such costs as may be reasonable and related to damage caused by the Contractor, and deduct these costs from any payment due to the Contractor. The Contractor shall inform the Street Maintenance or Park Maintenance Foreman of any damage caused by the contractor’s operation on the day such damage occurs. City of Chanhassen - RFP for Tree Work Services E. Discontinuance of Work: The City shall have the authority to suspend the work, wholly or in part by written order for such period as the City may deem necessary due to conditions unfavorable to park patrons, or due to failure on the part of the contractor to carry out orders given to comply with any provisions of the contract documents. The contractor upon receipt of either written or oral notice to discontinue such practice as determined by the City shall immediately discontinue any practice obviously hazardous. F. Personnel and Equipment: The Contractor shall supply all equipment and personnel necessary for the performance of this contract. Only qualified permanent full-time/part-time employees trained and experienced in doing the required work of this contract shall be used under this contract. The Contractor shall provide the necessary crews made up of a combination of equipment and personnel to complete contract specifications. G. Certified Arborist: It is the preference of the City that all work be performed by an International Society of Arboriculture (ISA) Certified Arborist. At a minimum, the crew supervisor must be a current ISA-Certified Arborist. All Certified Arborists names and certification number(s) must be included in the proposal document to be considered for this project. Any change in the status of the “certified” individual(s) during the life of this contract must be reported to the City at the time of occurrence. All certification numbers will be verified through ISA’s office. Failure to have a certified arborist on site at all times shall result in termination of this contract. H. Safety Standards: 1. The Contractor shall initiate, maintain, and supervise safety precautions and program in connection with the performance of the Work. 2. The Contractor shall take all reasonable precautions for the safety of, and shall provide all reasonable protection to prevent damage, injury, or loss to: a. All employees on the work; b. All the materials and equipment, whether in storage on or off the site; c. Other private property at the site or adjacent thereto; d. Trees on public property; and e. Irrigation systems. 3. The Contractor shall comply with all applicable laws, ordinances, rules, regulations, and lawful orders of any public authority having jurisdiction over the safety of persons or property in or near the project site to protect persons or property from damage, injury, or loss. I. Wildlife Protection: Prior to the commencement of any work in the vicinity of any tree, each tree shall be visually surveyed, from all sides, for the sole purpose of detecting the presence of nests or wildlife of any type. Any tree with an active nest or nearby active nest shall have work rescheduled to outside the active nesting season, generally between March 1 and August 31, or at a point when the nest is determined to no longer be active. At no time City of Chanhassen - RFP for Tree Work Services shall any nest or wildlife be moved from its location. In the event that wildlife is accidentally displaced and needs assistance, Contractor shall notify the city immediately. J. Payment Schedule: The Contractor may submit a monthly invoice for work completed. Tree removals shall be paid at unit price rate. Payment for pruning work will be paid at the hourly rate submitted. City will inspect all invoiced work before approving pay request for payment. VIII. Location of the Work: All work will be located on public property or public easements within the City. Specific tree removals will occur outside of the district. Clearance anad Sturctural Pruning work will occur within the District. A map of Chanhassen showing the location of the trails and streets pruning work within the District is included in this document as Exhibits A and B. IX. City-Contractor Agreement: Unless otherwise required, the City-Contractor Professional Services Agreement for the Work, included as Exhibit C, shall be in the form attached. X. Proposal Forms: The following documents are to be included with Contractor’s proposal: 11.1. Supplemental Information 11.2. Contractual Tree Pruning and Removal Service Proposal Form 11.3. Statement of Contractor’s Qualifications City of Chanhassen - RFP for Tree Work Services 11.1. Supplemental Information Name of Company: Date of Proposal Submission: ______________________________________________ 1. Does your firm have Municipal or County Tree Work Service experience within the last five (5) years? YES NO Do not include the City of Chanhassen in References below. A. Municipality/County: _______________________________________ Description of Work: ____________ Date(s) of work: ________________________________________________ B. Municipality/County _________________________________________ Description of Work: ________________________________________ Date(s) of Work: ___________________________________________ C. Municipality/County: ________________________________________ Description of Work: ________________________________________ Dates(s) of Work: __________________________________________ 2. List Business Owner and employees by Name, Position and Applicable Licenses: Name Position/Years employed License(s)/Certification(s) City of Chanhassen - RFP for Tree Work Services 11.2. CITY OF CHANHASSEN TREE REMOVAL AND PRUNING SERVICE PROPOSAL FORM Company Name The undersigned, having examined and being familiar with the conditions affecting the service desired to be performed as outlined in the specifications and other contract documents relating to the City of Chanhassen Contractual Tree Pruning and Removal Service hereby proposes and agrees to perform everything required and to provide and furnish any and all labor, materials, tools, and expendable equipment necessary to provide Tree Pruning and Removal services in a safe and efficient manner, in strict accordance with aforementioned contract documents for the sum hereinafter specified. The Contractor agrees to provide all items as listed in the accompanying specifications as part of this proposal. District 2 Street, Trail and Park Pruning – Hourly Rate District 2 Street, Trail and Park Pruning – Crew Size Tree Removal Fee Schedule Unit Unit Price Tree Removal 2” – 6” Diameter Each Tree Removal 7” – 12” Diameter Each Tree Removal 13” – 18” Diameter Each Tree Removal 19” – 24” Diameter Each Tree Removal 25” – 30” Diameter Each Tree Removal 31” – 36” Diameter Each Tree Removal 36” – 40” Diameter Each Tree Removal 41”+ Diameter Each Taxes: The city is a tax-exempt entity. A tax-exempt certificate is available upon request. Dated this day of , 2022. Contractor Representative Signature RFP for Tree Pruning and Removal Services Page 14 11.3. STATEMENT OF CONTRACTOR’S QUALIFICATIONS All questions must be answered and the data given must be clear and comprehensive. Questions may be answered on separate attached sheets. The Contractor may submit any additional information they desire. 1. Company Name Name of Company Representative ____________________________________________ Phone Number 2. Permanent main office address: 3. Number of years in business . 4. Provide a description of your understanding of the proposed work to be performed along with a schedule of how the work may proceed throughout the year in order to complete all items. The undersigned hereby authorizes and requests any person, firm or corporation to furnish any information requested by the Owner in verification of the recitals comprising this Statement of Contractor’s Qualifications. Date at this day of , 2022. Name of Company By: Title: City of Chanhassen | 7700 Market Blvd, Chanhassen, MN 55317 Chanhassen Tree Work Districts – 2023 District 2 Pruning within District will be prioritized by the City – see Exhibits. City of Chanhassen I 7700 Market Blvd PO Box 147 I Chanhassen, MN 55317 I www.ci.chanhassen.mn.u s EXHIBIT A City of Chanhassen I 7700 Market Blvd PO Box 147 I Chanhassen, MN 55317 I www.ci.chanhassen.mn.u s EXHIBIT A: STREET CLEARANCE PRUNING MAP DISTRICT 2 Tree Services for City of Chanhassen City-Contractor Agreement for Tree Work Services GC-1 EXHIBIT B: ANNUAL STRUCTURAL PRUNING WORK – DISTRICT 2 Streets Number of trees Lake Harrison Blvd. 28 Parks Bluff Creek Elem/Chan Rec Center 195 Lake Ann Park 452: 364 Decid, 88 conifer(prune out deadwood) Minnewashta Heights Park 30 Pheasant Hill Park 25 Herman Field Park 12 West Water Treatment Plant 15 Manchester Park 5 Pruning Locations highlighted in yellow Tree Services for City of Chanhassen City-Contractor Agreement for Tree Work Services GC-2 EXHIBIT C CITY-CONTRACTOR AGREEMENT AGREEMENT made this XX day of XXXXXXX, 2023, by and between the CITY OF CHANHASSEN, a Minnesota municipal corporation ("City") and xxxxxxxxxxxxxxx, a Minnesota Corporation ("Contractor"). IN CONSIDERATION OF THEIR MUTUAL COVENANTS, THE PARTIES AGREE AS FOLLOWS: 1. SCOPE OF SERVICES. The City retains the Contractor for 2023 Public Tree Pruning and Removal Services. 2. CONTRACT DOCUMENTS. The following documents shall be referred to as the “Contract Documents,” all of which shall be taken together as a whole as the contract between the parties as if they were set verbatim and in full herein: A. This Agreement. B. Request for Proposal, dated __________. C. Contractor’s Proposal dated _________. D. Contractor’s Insurance Certificate In the event of a conflict among the provisions of the Contract Documents, the order in which they are listed above shall control in resolving any such conflicts. Contract Document “A” has the first priority and Contract Document “C” has the last priority. 2. CONTRACTOR OBLIGATIONS. The Contractor shall provide the goods, services and perform the work in accordance with the Contract Documents (“Work”). Contractor services shall include tree pruning and tree removals. Contractor shall provide all personnel, supervision, services, materials, tools, equipment and supplies and do all things necessary and ancillary thereto specified in the Contract Documents. 3. CONTRACTOR’S REPRESENTATIONS. A. Contractor has visited the Sites and become familiar with and is satisfied as the general, local, and Site conditions that may affect cost, progress, and performance of the Work. B. Contractor is familiar with and is satisfied as to all federal, state, and local Laws and Regulations that may affect cost, progress, and performance of the Work. C. Contractor shall abide by and employ all necessary and standard traffic safety measures along city roads and trails. D. Contractor will have an ISA Certified Arborist on site with all crews during all work. E. The Contract Documents are generally sufficient to indicate and convey understanding of all terms and conditions for performance and furnishing of the Work 4. COMPENSATION. Contractor shall be paid by the City for the pruning and removal services described in the Proposal a not to exceed fee of $ xxxxxxxxx which is inclusive of reimbursable expenses. Pruning and tree removal services as described in the RFP shall proceed as directed and Tree Services for City of Chanhassen City-Contractor Agreement for Tree Work Services GC-3 prioritized by the city, subject to the not to exceed fee. The fee shall not be adjusted even if the estimated number of hours to perform a task, or any other estimate, assumption or matter is wrong or exceeded. Payment shall be made periodically after a service has been completed and within thirty-five (35) days of receipt of an invoice. 5. COMPLETION DATE. The Contractor shall complete the Work on or before December 31, 2023. 6. WARRANTY. The Contractor shall be held responsible for any and all defects in workmanship and materials and upon notification by the City shall immediately replace or repair the defective workmanship and materials without cost to the City. 7. RIGHTS AND REMEDIES. A. The duties and obligations imposed by the Contract Documents, and the rights and remedies available thereunder shall be in addition to, and not a limitation of, any duties, obligations, rights and remedies otherwise imposed or available by law. B. No action, or failure to act, by the City or the Contractor shall constitute a waiver of any right or duty afforded any of them under the Contract, nor shall any such action or failure to act constitute an approval of, or acquiescence in, any breach there under, except as may be specifically agreed in writing. 8. CHANGES TO WORK. Without invalidating the Contract, the City may, at any time, or from time to time, order additions, deletions or revisions in the work provided under this Agreement; these will be authorized by an amendment to the Contract. Upon approval of an amendment, Contractor shall proceed with the work provided under the amendment. Changes in the Contract Price shall be based upon the prices identified in the Quote provided or negotiated between the parties based on similar work provided in the Proposal. 9. UNAUTHORIZED WORK. Additional work performed without authorization of an amendment of this Contract will not entitle Contractor to an increase in the Compensation or an extension of the Contract. 10. DOCUMENTS. The City shall be the owner of all documents, reports, studies, analysis and the like prepared by the Contractor in conjunction with this contract. 11. COMPLIANCE WITH LAWS AND REGULATIONS. In providing services hereunder, Contractor shall abide by all statutes, ordinances, rules and regulations pertaining to the provisions of goods and services to be provided. 12. STANDARD OF CARE. Contractor shall exercise the same degrees of care, skill, and diligence in the performance of the services as is ordinarily possessed and exercised by a professional Contractor under similar circumstances. No other warranty, expressed or implied, is included in this Agreement. City shall not be responsible for discovering deficiencies in the accuracy of Contractor’s services. 13. INDEMNIFICATION. To the fullest extent permitted by law, Contractor agrees to defend, indemnify and hold harmless the City, and its employees, officials, and agents from and against all claims, actions, damages, losses and expenses, including reasonable attorney fees, arising out of Contractor’s negligence or its performance or failure to perform its obligations under this Contract. Contractor’s indemnification obligation shall apply to subcontractor(s), or anyone directly or indirectly employed or hired by Contractor, or anyone for whose acts Contractor may be liable. Contractor agrees this indemnity obligation shall survive the completion or termination of this Contract. Tree Services for City of Chanhassen City-Contractor Agreement for Tree Work Services GC-4 14. INSURANCE. Prior to the start of the project, Contractor shall furnish to the City a certificate of insurance showing proof of the required insurance required under this Paragraph. Contractor shall take out and maintain or cause to be taken out and maintained until six (6) months after the City has accepted the public improvements, such insurance as shall protect Contractor and the City for work covered by the Contract including workers’ compensation claims and property damage, bodily and personal injury which may arise from operations under this Contract, whether such operations are by Contractor or anyone directly or indirectly employed by either of them. The minimum amounts of insurance shall be as follows: Commercial General Liability (or in combination with an umbrella policy) $2,000,000 Each Occurrence $2,000,000 Products/Completed Operations Aggregate $2,000,000 Annual Aggregate The following coverages shall be included: Premises and Operations Bodily Injury and Property Damage Personal and Advertising Injury Blanket Contractual Liability Products and Completed Operations Liability Automobile Liability $2,000,000 Combined Single Limit – Bodily Injury & Property Damage Including Owned, Hired & Non-Owned Automobiles Workers Compensation Workers’ Compensation insurance in accordance with the statutory requirements of the State of Minnesota, including Employer’s Liability with minimum limits are as follows: $500,000 – Bodily Injury by Disease per employee $500,000 – Bodily Injury by Disease aggregate $500,000 – Bodily Injury by Accident The Contractor’s insurance must be “Primary and Non-Contributory”. All insurance policies (or riders) required by this Contract shall be (i) taken out by and maintained with responsible insurance companies organized under the laws of one of the states of the United States and qualified to do business in the State of Minnesota, (ii) shall name the City, its employees and agents as additional insureds (CGL and umbrella only) by endorsement which shall be filed with the City. A copy of the endorsement must be submitted with the certificate of insurance. Contractor’s policies and Certificate of Insurance shall contain a provision that coverage afforded under the policies shall not be cancelled without at least thirty (30) days’ advanced written notice to the City, or ten (10) days’ notice for non-payment of premium. An Umbrella or Excess Liability insurance policy may be used to supplement Contractor’s policy limits on a follow-form basis to satisfy the full policy limits required by this Contract. 15. INDEPENDENT CONTRACTOR. The City hereby retains the Contractor as an independent contractor upon the terms and conditions set forth in this Agreement. The Contractor is not an employee of the City and is free to contract with other entities as provided herein. Contractor shall be responsible for selecting the means and methods of performing the work. Contractor shall furnish any and all supplies, equipment, and incidentals necessary for Contractor's performance under this Agreement. City and Contractor agree that Contractor shall not at any time or in any manner represent that Contractor or any of Contractor's agents or employees are in any manner agents or employees of Tree Services for City of Chanhassen City-Contractor Agreement for Tree Work Services GC-5 the City. Contractor shall be exclusively responsible under this Agreement for Contractor's own FICA payments, workers compensation payments, unemployment compensation payments, withholding amounts, and/or self-employment taxes if any such payments, amounts, or taxes are required to be paid by law or regulation. 16. SUBCONTRACTORS. Contractor shall not enter into subcontracts for services provided under this Agreement without the express written consent of the City. Contractor shall comply with Minnesota Statute § 471.425. Contractor must pay Subcontractor for all undisputed services provided by Subcontractor within ten days of Contractor’s receipt of payment from City. Contractor must pay interest of 1.5 percent per month or any part of a month to Subcontractor on any undisputed amount not paid on time to Subcontractor. The minimum monthly interest penalty payment for an unpaid balance of $100 or more is $10. 17. ASSIGNMENT. Neither party shall assign this Agreement, nor any interest arising herein, without the written consent of the other party. 18. WAIVER. Any waiver by either party of a breach of any provisions of this Agreement shall not affect, in any respect, the validity of the remainder of this Agreement. 19. ENTIRE AGREEMENT. The entire agreement of the parties is contained herein. This Agreement supersedes all oral agreements and negotiations between the parties relating to the subject matter hereof as well as any previous agreements presently in effect between the parties relating to the subject matter hereof. Any alterations, amendments, deletions, or waivers of the provisions of this Agreement shall be valid only when expressed in writing and duly signed by the parties, unless otherwise provided herein. 20. CONTROLLING LAW. This Agreement shall be governed by and construed in accordance with the laws of the State of Minnesota. 21. COPYRIGHT. Contractor shall defend actions or claims charging infringement of any copyright or patent by reason of the use or adoption of any designs, drawings or specifications supplied by it, and it shall hold harmless the City from loss or damage resulting there from. 22. RECORDS/AUDIT. The Contractor shall maintain complete and accurate records of time and expense involved in the performance of services. Pursuant to Minnesota Statutes § 16C.05, Subd. 5, any books, records, documents, and accounting procedures and practices of City and Contractor relevant to the Agreement are subject to examination by City and Contactor, and either the Legislative Auditor or the State Auditor as appropriate. City and Contractor agree to maintain these records for a period of six years from the date of performance of all services covered under this Agreement. 23. MINNESOTA GOVERNMENT DATA PRACTICES ACT. Contractor must comply with the Minnesota Government Data Practices Act, Minnesota Statutes Chapter 13, as it applies to (1) all data provided by the City pursuant to this Agreement, and (2) all data, created, collected, received, stored, used, maintained, or disseminated by the Contractor pursuant to this Agreement. Contractor is subject to all the provisions of the Minnesota Government Data Practices Act, including but not limited to the civil remedies of Minnesota Statutes Section 13.08, as if it were a government entity. In the event Contractor receives a request to release data, Contractor must immediately notify City. City will give Contractor instructions concerning the release of the data to the requesting party before the data is released. Contractor agrees to defend, indemnify, and hold City, its officials, officers, agents, employees, and volunteers harmless from any claims resulting from Contractor’s officers’, agents’, city’s, partners’, employees’, volunteers’, assignees’ or subcontractors’ unlawful disclosure and/or use of protected data. The terms of this paragraph shall survive the cancellation or termination of this Agreement. Tree Services for City of Chanhassen City-Contractor Agreement for Tree Work Services GC-6 24. TERMINATION. This Agreement may be terminated by City on two (2) days’ written notice delivered to Contractor at the address on file with the City. Upon termination under this provision if there is no fault of the Contractor, the Contractor shall be paid for goods and services rendered and reimbursable expenses until the effective date of termination. If the City terminates the Agreement because the Contractor has failed to perform in accordance with this Agreement, no further payment shall be made to the Contractor, and the City may retain another Contractor to undertake or complete the work identified in this Agreement. Dated:__________________, 20__ CITY OF CHANHASSEN By: Elise Ryan, Mayor And: Laurie Hokkanen, City Manager Dated:__________________, 20__ ________________________ By: Print Name:_________________________________ Its:________________________________________