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HomeMy WebLinkAboutItem 06.k Date: November 16, 2020 Item No. APPROVAL OF A CONTRACT FOR TREE AND STUMP REMOVAL SERVICES WITHIN THE 2021 ROW, PARK, FACILITY ASH TREE & STUMP REMOVAL PROJECT TO SAVATREE, LLC Proposed Action Staff recommends adoption of the following motion: Move to approve a contract with SavATree, LLC. for the 2021 ROW, Park, Facility Ash Tree and Stump Removals Project Overview The tree removals planned during this project are associated with the implementation of the City’s approved Emerald Ash Borer (EAB) Management Plan. The plan defines how to handle the 800 poor condition and/or small ash trees that are impractical to treat on City right-of-way (ROW), park, and facility property. In order to spread the environmental and economic costs over time, approximately 100 trees will be removed per year. Along with the structured removal of select public ash trees, the plan calls for a balanced approach to inject and preserve the good/fair condition trees and reduce the beetle population by identifying and removing EAB-infested trees when found on public and private property. The tree removal work will start in January when EAB is dormant and unable to fly out of wood being transported. Stumps will be ground out by May 15th, 2021. The specifications call for an ISA- certified arborist to be on site at all times during the project. The City solicited proposals from four companies for the ash removals associated with the project and Alternate 1 requested an add-on cost to remove 52 miscellaneous stumps existing in the Parks system. Two proposals were received and SavATree LLC. had the most competitive proposal in the amount of $64,684.56. The final amount spent for ash tree removal may be reduced by Streets and Parks staff assistance with select removals, but due to uncertainty related to snow event work those trees are included in the contract for now. Alternate 1 (misc. stump) cost was $9,615.00 which exceeds the amount Parks and Forestry planned to spend for the project. The City will approve $1,470.00 toward Alternate 1 for park stump grinding in the areas that have ash trees and stumps removed with the main project so that only one contractor will be assigned to stump work in those parks in next spring. SavATree also meets the other proposal requirements including experience, references and ability to meet timelines for tree removal and stump removal. Staff recommends approval of the contract. Primary Issues to Consider • Why are ash trees being removed before they are infested? Poor condition ash trees are not a good investment for injections (preservation). All untreated ash trees will become infested with EAB making the wood brittle and high-risk for failure. In order to protect the public and avoid 2 facing the removal of 800 trees in 1-2-year timeline they will be spread out and removed in stages to spread the costs and work over time. Supporting Information • A copy of the proposal tabulation and contractor list is attached. Financial Impact: $66,154.56 Budgeted: Yes Source: Environmental Resource (Forestry) budget Related Documents (CIP, ERP, etc.): Envision Lakeville Community Values: Good Value for Public Services, Exceptional parks, Trails and Recreation Opportunities. Safety throughout the Community Report Completed by: Emily Ball, Forester TABULATION OF PROPOSALS 2021 ROW and Park Ash Tree & Stump Removal Project Contractor ROW/Facility Tree Removal + Stumps Park Tree Removal + Stumps Proposal Total Birch Tree Care $55,045.00 $22,905.00 $77,950.00 The Davey Tree Expert Company N/A N/A N/A Rainbow Treecare N/A N/A N/A SavaTree, LLC. $46,839.62 $17,844.94 $64,684.56 CONTRACT FOR SERVICES THIS AGREEMENT made this 16thth day of November 2020, by and between the CITY OF LAKEVILLE, hereinafter referred to as the “City”, and SAVATREE LLC, hereinafter referred to as the “Contractor”. THE CITY AND THE CONTRACTOR, FOR THE CONSIDERATION HEREINAFTER STATED, AGREE AS FOLLOWS: 1. SCOPE OF SERVICES. The scope of services is detailed in the Contract Documents but generally consists of ash tree and stump removal in City ROW (boulevard), facility and parks. The Contractor agrees to perform the services as detailed in the Contract Documents. 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 document entitled “Contract for Services”. B. Instructions to Contractors – Request for Proposals C. General and Technical City Specifications D. Contractor’s Proposal If there is a conflict among the provisions of the Contract, 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 "D" having the last priority. 3. OBLIGATIONS OF THE CONTRACTOR. The Contractor agrees that the work contemplated by the Contract shall be fully and satisfactorily completed in accordance with the terms of the Contract Documents. 4. PAYMENT. A. The City agrees to pay and the Contractor agrees to receive $66,154.56 for completion of work in accordance with the contract documents, inclusive of taxes, if any. City shall make 95% progress payments on the Contract Price on the basis of approved Contractor invoices for work completed provided the work is commensurate with the percentage of work completed. Upon final completion of the work require under the Contract and acceptance by the City, the City shall pay the remainder of the Contract Price as recommended by the City Forester. B. Payments to Subcontractor. Pursuant to Minn. Stat. § 471.25, Subd. 4a, the Contractor must pay any subcontractor within ten (10) days of the Contractor’s receipt of payment from the City for undisputed services provided by the subcontractor. The Contractor must pay interest of 1½ percent per month or any part of a month to the subcontractor on any undisputed amount not paid on time to the subcontractor. The minimum monthly interest penalty payment for an unpaid balance of $100.00 or more is $10.00. For an unpaid balance of less than $100.00, the Contractor shall pay the actual penalty due to the subcontractor. 5. INDEMNIFICATION. A. The Contractor shall indemnify, defend and hold harmless the City and its officials, agents, representatives, and employees from any loss, claim, liability and expense (including reasonable attorney’s fees and expenses of litigation) with respect to: (a) Worker’s Compensation benefits payable on account of injury or death to any Contractor employee or to any employee of Contractor’s subcontractors, where the injury or death arises out of or is in any way related to the work performed or to be performed under the Contract; (b) claims for personal injury, death, or property damage or loss asserted by a Contractor or subcontractor or any of their officers, agents, representatives, or employees where the injury, death, damage, or loss arises out of or is in any way related to the work performed or to be performed under the Contract; and (c) claims for personal injury, death, or property damage or loss as asserted by third- parties at the work site, where the claim is based in the whole or in any part on, or is in any way related to, any act or omission by Contractor, or Contractor’s subcontractors, agents, employees or delegates. B. Contractor shall agree that the indemnities stated above shall be construed and applied in favor of indemnification. To the extent permitted by law, the stated indemnities shall apply regardless of any strict liability or negligence attributable to the City and regardless of the extent to which the underlying harm is attributable to the negligence or otherwise wrongful act or omission (including breach of contract) of Contractor, its subcontractors, agents, employees or delegates. Contractor also agrees that if applicable law limits or precludes any aspect of the stated indemnities, then the indemnities will be considered limited only to the extent necessary to comply with that applicable law. The stated indemnities continue until all applicable statutes of limitations have run. C. If a claim arises within the scope of the stated indemnity, the City may require Contractor to furnish a written acceptance of tender of defense and indemnity from Contractor’s insurance company. Contractor will take the action required by City within fifteen (15) days of receiving notice from City. 6. 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 by any of them under the Contract, nor shall any such action or failure to act constitute an approval of or acquiescence in any breach thereunder, except as may be specifically agreed in writing. 7. GOVERNING LAW. The Contract shall be governed by the laws of the State of Minnesota. 8. INSURANCE. Suppliers shall obtain the following minimum insurance coverage and maintain it at all times throughout the life of the Contract, with the City included as an additional named insured on a primary and non-contributory basis by endorsement. The Supplier shall furnish the City a certificate of insurance satisfactory to the Owner evidencing the required coverage: 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. Professional/Technical (Errors and Omissions) Liability Insurance This policy will provide coverage for all claims the contractor may become legally obligated to pay resulting from any actual or alleged negligent act, error, or omission related to Contractor’s professional services required under the contract. Contractor is required to carry the following minimum limits: $1,000,000 – per claim or event $2,000,000 – annual aggregate Any deductible will be the sole responsibility of the Contractor and may not exceed $50,000 without the written approval of the City. If the Contractor desires authority from the City to have a deductible in a higher amount, the Contractor shall so request in writing, specifying the amount of the desired deductible and providing financial documentation by submitting the most current audited financial statements so that the City can ascertain the ability of the Contractor to cover the deductible from its own resources. The retroactive or prior acts date of such coverage shall not be after the effective date of this Contract and Contractor shall maintain such insurance for a period of at least three (3) years, following completion of the work. If such insurance is discontinued, extended reporting period coverage must be obtained by Contractor to fulfill this requirement. 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. All insurance policies (or riders) required by this Agreement shall be i.Taken out by the Contractor 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 contain a provision that the insurer shall not cancel or revise coverage thereunder without giving written notice to Contractor as an insured party and to City as an additional insured at least thirty (30) days before cancellation or revision becomes effective or ten (10) days’ notice for non-payment of premium; iii.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. ; iv.Shall be in accordance with specifications approved by the insurance advisory for City; and v.Shall be evidenced by a Certificate of Insurance listing City as an additional insured which shall be filed with the City. Certificates of Insurance that do not meet these requirements will not be accepted. 9. TERM. The term of this Contract shall be from the effective date of the executed contract to the completion of all work contemplated by the contract or May 15th, 2021, unless sooner terminated as hereinafter provided. 10. SUPPLIES, EQUIPMENT, AND INCIDENTALS. The City and Contractor agree that the Contractor shall furnish any and all supplies, equipment, and incidentals necessary for Contractor’s performance of this Contract. 11. TERMINATION WITHOUT CAUSE BY CITY. The City reserves the right at its sole discretion to terminate this Contract at will immediately without cause at any time within the term of this Contract. In the event of such termination, the City shall provide Contractor written notice of termination and upon receipt of same, Contractor shall immediately cease and desist Contractor’s provision of services under this Contract and City shall have no further obligation under this Contract to pay any further compensation to Contractor except for compensation due and owing for services prior to Contractor’s receipt of the written notice of termination. 12. INDEPENDENT CONTRACTOR. City and Contractor agree that Contractor, while engaged in carrying out and complying with the terms and conditions of this Contract and the provision of services thereunder, shall be considered at all times an independent contractor and not an officer, employee, or agent of the City. City and Contractor further agree that Contractor shall not at any time or in any manner represent that Contractor or any of the Contractor’s agents or employees are in any manner agents or employees of the City. City and Contractor further agree that Contractor shall be exclusively responsible under this Contract for Contractor’s own FICA payment, workers compensation payments, unemployment compensation payments, withholding amounts, and/or self-employment taxes or other taxes if any such payments, amounts, or taxes are required to be paid by law or regulations. 13. WRITTEN NOTICE OR OTHER CORRESPONDENCE. Any written notice or other correspondence to be provided by or between the City and the Contractor in accordance with this Contract shall be communicated in writing by email or written correspondence to: 14. WAIVER OF DEFAULT. Any waiver by City of a default under the provisions of this Contract by Contractor shall not operate or be construed as a waiver of a subsequent default by the Contractor. No waiver shall be valid unless in writing and signed by the Mayor and the City Administrator on behalf of the City. 15. NO ASSIGNMENT OR SUBCONTRACTING. The City and Contractor agree that the services to be rendered by the Contractor under this Contract are unique and personal. Accordingly, the Contractor may not assign or subcontract out any of the Contractor’s rights or any of the Contractor’s duties or obligations under this Contract. One exception is that stump grinding may be subcontracted as long as the subcontractor is listed in the proposal. 16. INVALIDITY OF PROVISIONS. If any term or provision of this Contract or any application hereof to any person or circumstances, shall to any extent be invalid or unenforceable, the remainder of this Contract or the application of such term or provision to persons or circumstances other than those as to which it is held invalid or unenforceable shall not be effected hereby and each term and provision of this Contract shall be valid and be enforced to the fullest extent permitted by law. 17. DATA PRACTICES/RECORDS. A. All data created, collected, received, maintained, or disseminated for any purpose in the course of this Contract is governed by the Minnesota Government Data Practices Act, Minn. Stat. Ch. 13, any other applicable state statute, or any state rules adopted to implement the act, as well as federal regulations on data privacy. B. All books, records, documents, and accounting procedures and practices of the Contractor and its subcontractors, if any, relative to this Contract are subject to examination by the City. 18. WARRANTY. The Contractor shall be held responsible for any and all defects in workmanship which may develop in any part of the contracted service, and upon proper notification by the City shall remedy, without cost to the City, any such faulty work and damage done by reason of the same in accordance with the proposal specifications. City of Lakeville Attn: City Forester 20195 Holyoke Avenue Lakeville MN 55044 Email: eball@lakevillemn.gov SavATree, LLC 8000 Powell Road Hopkins, MN 55343 Email: sanderson@savatree.com 19. CHANGE ORDERS. Without invalidating the Contract, the City may, at any time or from time to time, order additions, deletions, or revisions in the Work; these will be authorized by Change Orders. Upon receipt of a Change Order, the Contractor shall proceed with the work involved. Changes in the Contract Price shall be based on the Proposal Prices. 20. ENTIRE AGREEMENT. This instrument herein contains the entire and only agreement between the parties and no oral statement or representation, or prior written matter not contained in this instrument shall have any force and effect. This Contract shall not be modified in any way except by writing executed by both parties. 21. DISCRIMINATION. Contractor agrees to comply with Minnesota Statute 181.59 that states: Subsection A. That, in the hiring of common or skilled labor for the performance of any work under any contract, or any subcontract, no contractor, material Contractor or vendor, shall, by reason of race, creed, or color, discriminate against the person or persons who are citizens of the United States or resident aliens who are qualified and available to perform the work to which the employment relates; Subsection B. That no contractor, material Contractor, or vendor, shall, in any manner, discriminate against, or intimidate, or prevent the employment of any person or persons identified in clause (1) of this section, or on being hired, prevent, or conspire to prevent the person or persons from the performance of work under any contract on account of race, creed, or color; Subsection C. That a violation of this section is a misdemeanor; and Subsection D. That this contract may be canceled or terminated by the state, county, city, town, school board, or any other person authorized to grant the contracts for employment, and all money due, or to become due under the contract, may be forfeited for a second or any subsequent violation of the terms or conditions of this contract. 22. BACKGROUND CHECKS. The City may require criminal history background checks of the Contractor’s employee’s for purposes of access to City facilities. The City reserves the right to deny access to City facilities to those Contractors or Contractor’s employees that it deems inappropriate. CITY OF LAKEVILLE BY:_____________________________ Douglas P. Anderson, Mayor AND:___________________________ Charlene Friedges, City Clerk SAVATREE, LLC BY: ______________________________