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HomeMy WebLinkAbout2013-11-06 PACKET 04.D.REQUEST OF CITY COUNCIL ACTION COUNCIL AGENDA - MEETING ITEM # DATE 11 /6/13 � . PREPARED BY Parks and Recreation Zac Dockter ORIGINATING DEPARTMENT DEPARTMENT HEAD ************************************************ ■ ■ ■ � ■ ■ � COUNCIL ACTION REQUEST Consider authorizing staff to execute a contract with St. Croix Tree Service for the planting of 100 boulevard trees for the amount of $27,400. STAFF RECOMMENDATION Authorize staff to execute a contract with St. Croix Tree Service for the planting of 100 boulevard trees for the amount of $27,400. BUDGET IMPLICATION $35,000 $27,400 BUDGETED AMOUNT ACTUAL AMOUNT ADVISORY COMMISSION ACTIO PLANNING PUBLIC SAFETY DATE PUBLIC WORKS PARKS AND RECREATION HUMAN SERVICES/RIGHTS ECONOMIC DEV. AUTHORITY SUPPORTING DOCUMENTS � MEMO/LETTER: ❑ RESOLUTION: ❑ ORDINANCE: ❑ ENGINEERING RECOMMENDATION: ❑ LEGAL RECOMMENDATION: � OTHER: Tree Planting Contract REVIEWED ❑ ❑ ❑ ❑ ❑ ❑ ❑ APPROVED ❑ ❑ ❑ ❑ ❑ ❑ ❑ ADMINISTRATORS COMMENTS � - City Administrator DENIED ❑ ❑ ❑ ❑ ❑ ❑ ❑ �c /,.� Date **********************************�************� H:lzdockter\Forestry\EAB PIan�2013\Council Action Form-Tree Planting Contract.doc Cot�age .. J �rove - - � Prid� and p�osPerity Mee� To: From: CC: Date: Subject: Honorable Mayor and City Council Zac Dockter, Parks and Recreation Director October 16, 2013 Tree Planting Contract Introduction/Background As part of the Emerald Ash Borer Management Program, the City has removed 100 boulevard ash trees and are scheduled to replace those with varying species. The contract for tree planting was initially assigned to Hoffman and McNamara Nursery and Landscape based on a two-year agreement effective in 2012. However, Hoffman and McNamara terminated the contract citing an inability to meet the contract pricing based on current market demands. Subsequently, staff requested quotations from St. Croix Tree Service and Hoffman and McNamara for the planting of 100 boulevard trees. Pricing includes a 2" tree, installation, mulch, first watering and one year warranty. Quotation results are as follows: St. Croix Tree Service: $27,400 Hoffman and McNamara: $28,770 Staff Recommendation Authorize staff to execute a contract with St. Croix Tree Service for the planting of 100 boulevard trees for the amount of $27,400. Detailed Specifications for Boulevard Ash Tree Repiacement - - - - General Project Description Under these items, the Contractor shall plant trees with designated species, place mulch around trees, and restore any incidental disturbed boulevard areas during planting of the boulevard trees. Replacement Locations (Addresses) See Appendix I and II Tree Replacement Provide trees of quantity, size, genus, species, and variety shown and scheduled for landscape work and complying with recommendations and requirements of ANSE z60.1 "American Standard for Nursery Stock." Provide healthy, vigorous stock, grown in recognized nursery in accordance with good horticultural practice and free of disease, insects, eggs, larvae, and defects, such as knots, hail damage, sun-scald, injuries, abrasions, or disfigurement. Inspection The City Forester or Parks and Recreation Director will inspect trees at place of growth before planting for compliance with requirements for genus, species, variety, size, and quality. The City Forester or Parks and Recreation Director retains the right to further inspect trees, grasses and perennials for size and condition of balls and root systems, insects, injuries, and latent defects, and to reject unsatisfactory or defective material at any time during progress of work. Remove rejected trees within 48 hours from the Site. Nursery Stock: 1. Deliver all materials in accordance with MnDOT Spec. 3861. 2. Deliver stock after planting preparations have been completed and plant immediately. Utilities Determine location of underground utilities and perform Work in a manner, which will avoid possible damage by calling Gopher State One for locating utilities. Hand excavate as required. Topsoil Topsoil for use as a plant growing medium in the boulevard restoration or tree pit shall conform to the requirements of MnDOT Spec. 3877, Type B, Select Topsoil Borrow. In addition, topsoil shall be screened and pulverized to remove objectionable materials prior to placement. Mulch Mulch shall conform to MnDOT Spec. 3882. Shredded Hardwood — Double-Shredded hardwood mulch. Contractor must verify that mulch is from a non-termite infested source. Plant and Nursery Stock Conform to MnDOT Spec. 3861 as follows: 1. Prune all bare roots and basal sprouts. 2. Remove all dead, rubbing, damaged, or diseased branches. 3. Leave leaders intact while removing all stubs. Plant Installation The City Forester or Parks and Recreation Director will stake locations and approve the final locations of planting. Remove existing soil from tree planting pits a shown on Drawings and to a diameter a minimum of 2 times the diameter of the root ball. Remove sticks, rubbish, foreign materials, and undesirable plants and their roots. Remove stones measuring over 1-1/2 inch in any dimension. Do not bury foreign material beneath areas to be landscaped or restored. Placement 1. Set container grown stock, on layer of compacted backfill soil mixture, plumb, and in center of pit or trench with root flare at the adjacent finished landscape grades. 2. Cut containers on sides into quarters with shear. Remove container before setting plant so as not to damage root balls. Backfilling 1. After completing adjustments, place planting soil backfill around base and sides of root ball in 8-inch maximum layers, working each layer to settle backfill and eliminate voids and air pockets. Water again after placing final layer of backfill. 2. Backfill the tree planting pits with planting soil mixed in the following proportions: a. Topsoil: four parts by volume. b. Compost: 1 part by volume. c. Fertilizer: 3 pounds per cubic yard of soil. d. Mix until thoroughly blended. 3. Prune immediately after planting to remove stock damaged during transport and movement. 4. Remove surplus subsoil and topsoil from site. 5. Mulching: Place mulch material within 48 hours after planting. Provide 4 inches of double shredded hardwood mulch across the entire surFace of the planting pit for each tree. Do not place mulch in direct contact with trunks or stems. Watering Water each tree thoroughly saturating within 2 hours of planting. Contractor is responsible for watering trees the first 30 days following installation. Cleanup and Restoration During tree planting work, keep pavement clean and work area in an orderly condition. Protect pavements and site features to prevent vehicle and equipment tire marks, grease, oil spills, and breakage. Treat, restore, or replace in kind turf, hydroseeding, plantings, or other facilities damaged by Contractor's operations. Remove all excess excavated soils from plant holes from the site. Collect and dispose of all excess materials, packaging, and containers. Hydroseeding TurF establishment will be accepted on a total project basis. Once accepted, Contractor is relieved of any further maintenance or repair. Coordinate turF establishment to minimize lag time after topsoil placement. Plant seed between April 1 and June 1 and July 20 and November 1. Hydroseed Materials and Soil Preparation A. Seed: Mn/DOT 3876, Type 270. B. Fertilizer: 1. Slow-release Nitrogen type. Remove all undesirable weeds from the soil as directed. Loosen topsoil on all areas with 2:1 slopes or flatter prior to seeding. Cultivate to a depth of 3 inches using discs or other suitable equipment. Fill all washouts prior to cultivation. Finish all areas to provide a smooth, moist, even textured foundation of uniform density. Apply fertilizer uniformly over the designated area using mechanical spreading devices at a rate of 150 pounds per acre. Apply fertilizer with a drop spreader no more than 48 hours prior to seeding. Sowing Seed Apply seed mixture over designated areas at a rate of 120 Ibs/acre (Type 270) uniformly by hydrospreading method. Guarantee and Replacement Contractor shall submit a written guarantee for replacement of all trees failing to survive and thrive for a period of 1 year from the date of installation. This guarantee includes loss due to accidents, vandalism, theft, rodent damage, damage from Contractor's operations, and other causes. Trees will be inspected prior to the end of the guarantee period. All trees found dead or not in a healthy growing condition shall be replaced at that time with material of the same size and species. Replacement trees planted at the end of the 1-year guarantee period are not guaranteed, but are subject to inspection and rejection by the Parks and Recreation Director or City Forester. Removal and disposal of all replaced tree material shall be incidental to the Contract. Measurement and Payment The quantity of tree planting to be paid for under this contract shall be the number of trees planted at each address including the disposal of all debris and cleanup in accordance with the specifications and direction of the City Forester and Director of Parks and Recreation. The price quote shall be unit price per tree and shall include the cost of all labor, materials, and equipment necessary for planting of the tree, hydroseeding, mulching, watering, cleanup, and restoration including the disposal of all debris, and all other incidentals necessary or required to complete the work in accordance with the specifications and to the satisfaction of the City Forester and Director of Parks and Recreation. BOULEVARD TREE PLANTING SERVICE CITY OF COTTAGE GROVE CONSTRUCTION CONTRACT THIS AGREEMENT is entered into by and between the City of Cottage Grove, a Minnesota municipal coiporation, (herein called the "City") and St. Croix Tree Service, a Minnesota corporation, (herein called the "Contractor"). RECITALS Whereas, the City requested quotes for the Boulevard Tree Planting Project ("Project"); Whereas, the Contract Documents for the Project include this Agreement and the following documents published with the request for quotes; Whereas, Contractor reviewed the Contract Documents prior to submitting its quote, and Contractor satisfied itself that it is familiar with the Project requirements and that it is capable of perfoi7ning the work, and doing so within the Project Timeframe set forth in the Project Summary; Whereas, the City Council has awarded the Project contact to the Contractor in accordance with law; Now therefore, the parties agree as follows: 1. SCOPE OF AGREEMENT A. SCOPE OF SERVICES: Contractor agrees to perform the work described in the Contract Documents, including all services, labor, and materials reasonably necessary for the proper performance of the work described in the Contract Documents. B. COMMENCEMENT• COMPLETION OF SERVICES: The Contractor will stai�t work upon receipt of written Notice to Proceed from the City. The Contractor will complete all worlc required under the terms and conditions of the Contract Documents on or before November 15, 2013 ("Final Completion"). 2. COMPENSATION The City will pay Contractor the stipulated sum of $27,400.00 ("Contract Sum") as follows: 3. GENERAL CONDITIONS A: PROJECT MANAGER.= The City's Project Manager is; Steve Bowe, City Forester 8635 W. Pt. Douglas Rd. Cottage Grove, MN 55016 Phone: 651-458-2849 Email: sbowe(a�cotta�e- ro� ve.org B. CHANGES IN WORK. - The City may at any time malce changes in the drawings and specifications, within the general scope thereof. If such changes cause an increase or decrease in the Contract Sum or in the time required for its performance, an equitable adjustment will be made, and this contract will be modified accordingly by a"Contract Change Order." No charge for any extra work or material will be allowed unless the same has been ordered on a Contract Change Order by the City and the price therefore stated in the order. The Contract shall not request payment for any extra worlc or materials unless Contract gives written notice to the Project Engineer of the claimed need for extra worlc or materials, and a complete description thereof, before performing the extra worlc or furnishing the extra materials. NOTICE: No Change Order is effective unless and until it is approved or ratified by the City Council. The City's staff and agents do not have authority to make changes in the Contract Sum or the completion deadlines. The Project Engineer has authority to direct or permit minor changes to the drawings or specifications without a formal change order, but only if such changes do not affect the Contract Sum or the completion deadline. � C. INSPECTION OF WORK. - All materials and worl�nanship wi11 be subject to inspection, examination, and testing by the City, who will have the right to reject defective inaterial and worl�nanship or require its correction. D. PROTECTION OF THE WORK/SAFETY. - The Contractor shall be solely responsible for the protection of the work and the safety of all persons on the worlc site. The Contractor shall talce all necessary precautions for-the safety of, and shall proved the necessary protection to prevent damage, injury, or loss to: (1) all persons on the work site or who may be affected by the work; (2) all the worlc, and materials and equipment to be incorporated therein; and (3) other property at or adjacent to the worlc site. E. DELAYS. - If the worlc is delayed, disrupted, or accelerated due to unforeseeable causes beyond the Contractor's control and without the Contractor's fault or negligence, then: (1) the Contractor shall be entitled to an extension of time to perfoi�rn the work; (2) if the delay, disruption, or acceleration is caused by the fault or negligence of the City or its agents, the Contractor shall also be entitled an equitable adjustment in the Contract Sum, which adjustment shall be memorialized in a Change Order; and (3) if the delay, disruption, or acceleration 2 is not caused by the fault or negligence of the City or its agents; the Contractor shall not be entitled to additional compensation. If the Contractor refuses or fails to complete the work within the time specified in Paragraph 1.B of this Agreement, or any extension thereof, and in addition to the all other rights and remedies available to the City under this Agreement, the City may terminate the Contract pursuant to Paragraph 1 L In such event the City may take over the work and prosecute the same to completion by contract or otherwise, and the Contractor will be liable for any excess costs the City incurs as a result thereof; and the City may talce title to and possession of and utilize in completing the worlc such materials and equipment as may be on the site of the work and necessary therefore. F. RELEASES. - Prior to final payment, the Contractor will submit evidence that all payrolls, material bills, and other indebtedness connected with the worlc have been paid as required by the City. G. OBLIGATION TO DISCHARGE LIENS. - Acceptance by the City of the completed worlc performed by the Contractor and payment therefore by the City will not relieve the Contractor of obligation to the City (which obligation is hereby acknowledged) to discharge any and all liens for the benefit of subcontractors, laborers, material suppliers, or any other persons performing labor upon the worlc or furnishing material or machinery for the worlc covered by this contract, which have attached to or may subsequently attach to the property, or interest of the City. H. NOTICES AND APPROVAL IN WRITING. - Any notice, consent, or other act to be given or done hereunder will be valid only if in writing. I. CLEANING UP. - Contractor shall lceep the premises free from accumulation of waste material and rubbish and at the completion of the work shall remove from the premises all rubbish, implements, and surplus materials. WARRANTIES. - Contractor war�rants and guarantees that title to all work, materials, and equipment covered by any Application for Payment, whether incorporated in the Project or not, will pass to City no later than the time of payment free and clear of all Liens. Contractor warrants that all work will be fiee from defects and that all materials will be new and of first quality. If within one (1) year after final payment any work or material is found to be defective, Contractor shall promptly, without cost to the City, correct such defect. K. BONDS. — If the Contract Sum exceeds $100,000, Contractor shall furnish performance and payments bonds covering faithful performance of all Contract obligations, including without limitation warranty obligations, and of all payment of obligations arising under the Contract. The bonds shall each be issued in an amount equal to 100% of the stipulated sum identified in Paragraph 2 of this Agreement. 3 L. PAYMENTS ARE NOT WAIVERS. = Payments made by the City under this Agreement shall not constitute a waiver or release of any claim that the worlc is defective or otherwise fails to comply with the Contract Documents. M. PERMITS. - The Contractor shall obtain, pay for, and comply with all permits required for the worlc. To the extent pet�rnitted by law, the Contractor shall indemnify the City against any charges, fines, penalties, or other losses arising from the Contractor's failure to secure or comply with a required permit. 4. NO ASSIGNMENT This Agreement shall not be assigned. 5. AGREEMENT ADMINISTRATION All provisions of this Agreement shall be coordinated and administered by the City's delegated primary contact noted in Paragraph 12 of this Agreement. 6. AMENDMENTS No amendments may be made to this Agreement except in writing and executed in the same manner as this Agreement. 7. INDEPENDENT CONTRACTOR The Contractor and its employees, agents, and/or subcontractors shall not be employees of the City. It is agreed that the Contractor and its employees, agents, andlor subcontractors will act hereunder as independent contractors and acquire no rights to tenure, workers compensation benefits, re-employment compensation benefits, medical and hospital benefits, sick and vacation leave, severance pay, pension benefits or other rights or benefits offered to employees of the City, its departments, or agencies. 8. LIABILITY AND INDEMNIFICATION The Contractor agrees to defend, indemnify, and hold the City, its Mayor, Council Members, employees, and agents hai7nless from any liability, claims, damages, costs, judgments, or expenses, including reasonable attorney's fees, resulting directly or indirectly on account of a product or any act or omission (including, without limitation, professional errors and omissions) of the Contractor, its officers, agents, employees, contractors and any one for whose product, or acts or omissions would be liable in the performance of the services provided by this Agreement and against all loss by reason of the failure of the Contractor fully to perfoi�n, in any respect, all obligations under this Agreement. 9. EFFECTIVE DATE AND SURVIVAL � This Contract shall be in full force and effect from the date it is executed by the City. Contractor's obligations under the Contract Documents shall survive final payment. 10. APPLICABLE LAW This Agreement shall be governed by the laws of the State of Minnesota without regard to choice of law provisions. The Contractor shall comply with all applicable federal, state, and local laws and regulations. In addition, the following provisions of law are expressly incoi•porated into this Contract: P�°ompt Payment of Subcontractors — Minn. Stat. § 471.425, Subd. 4a. The Contractor shall pay any Subcontractor or material supplier within ten (10) days of the Contractor's receipt of payment from the Owner for undisputed services, materials, or equipment provided by the Subcontractor or material supplier. The Contractor shall pay to the Subcontractor or material supplier interest at a rate of 1.5 percent per month or any part of a month that any undisputed amount is not paid on time. The minimum monthly interest penalty payment for an unpaid balance of $100 or more is $10. A Subcontractor or material supplier who prevails in a civil action to collect interest penalties from the Contractor shall be awarded its costs and disbursements, including attorney's fees, incurred in bringing the action." Anti-Discrimination — Miun. Stat. § 181.59. Contractor agrees: (1) that, in the hiring of common or skilled labor for the performance of any worlc under any contract, or any subcontract, no contractor, material supplier, 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 perfol7n the work to which the employment relates; (2) that no contractor, material supplier, or vendor, shall, in any manner, discriminate against, or intimidate, or pre-vent 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 fiom the performance of worlc under any contract on account of race, creed, or color; (3) that a violation of this section is a misdemeanor; and (4) 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 5 forfeited for a second or any subsequent violation of the tei7ns or conditions of this contract. Record Keeping — Minn. Stat. § 16C.05, Subd. 5. Contractor agrees that the boolcs, records, documents, and accounting procedures and practices of the Contractor, that are relevant to the contract or transaction, are subject to examination by the contracting agency and either the legislative auditor or the state auditor, as appropriate, for a minimum of six years. Contractor shall maintain such records for a minimum of six years after final payment. Data Pr•actices Act — Minn. Stat. § 13.05, Subd. 11. All of the data created, collected, received, stored, used, maintained, or disseminated by the Contractor in performing this contract is subject to the requirements of the Minnesota Government Data Practices Act, Minnesota Statutes Chapter 13, and the Contractor must comply with those requirements as if it were a government entity. The remedies in Minnesota Statutes § 13.08 apply to the Contractor. The Contractor does not have a duty to provide access to public data to the public if the public data are available from the Owner, except as required by the tei�ns of this contract. The venue and jurisdiction for any litigation which may arise hereunder will be Washington County, State of Minnesota. 11. TERMINATION AND DEFAULT The City may terminate this Contract for convenience and without cause. Upon receipt of written notice from the City of such termination, Contractor shall cease operations and talce all actions necessary to protect and preserve the work. Upon termination for convenience, Contractor shall be entitled to compensation for all work performed under the contract, and other costs reasonably and necessarily incurred to demobilize. Contractor will not be entitled to compensation of any lcind for work not performed. Without limiting the foregoing, if the Contractor fails to fulfill its obligations under this Agreement in a professional, worl�nanlike, and timely manner, or otherwise violates the tei7ns of this Agreement, the City shall have the right to tei�rninate this Agreement if the Contractor has not cured the default after receiving seven (7) days written notice of the performance issue or other item of default. Notwithstanding the above, the Contractor shall not be relieved of liability to the City for damages sustained by the City as a result of any breach of this Agreement by the Contractor. The City may, in such event, withhold payments due to the Contractor for the pui�pose of set-off until such time as the exact amount of damages due to the City is determined. The rights or remedies provided for herein shall not limit the City, in case of C� any default by the Contractor, from asserting any other right or remedy allowed by law, equity, or by statute. Upon tei7nination of this Agreement, the Contractor shall furnish to the City copies or duplicate originals of all documents or memoranda prepared for the City not previously furnished. 12. NOTICES Any notice or demand authorized or required under this Agreement shall be in writing and shall be sent by cei�tified mail to the other par as follows: To the Contractor: To the City: 13. INSURANCE Contractor shall secure and maintain fiom insurance companies acceptable to the City and admitted in Minnesota all insurance required by the Contract Documents. The City shall not issue the Notice to Proceed before the Contractor submits the required cei�tificates of coverage. IN WITNESS WHEREOF, the Parties have executed this Agreement effective as of the date of execution by the City. (CONTRACTOR :' TITLE: Subscribed and sworn to before me this day of , 2012. Notary Public CITY OF COTTAGE GROVE BY: CITY ADMINISTRATOR BY: CITY CLERK Subscribed and sworn to before me this day of , 2013. Notary Public 7