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.
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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
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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
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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
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1/10/2023
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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
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Districl 2 Sln"et,
"lYril unrl Park
Pnrning - Ilourlv
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$.1{5 ptr hour
District 2 Strer.t. "l'nril
nnd l'rrrk Pruniug -
Crr:rv Sizc
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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
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Enclt
Thce Renroval
7" - 12" Di:rmetcr
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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 /,
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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:________________________________________