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HomeMy WebLinkAbout2022-4083CONTRACT #2022-4083 CFi REQUEST FOR QUOTES City of Columbia Heights Ash Tree Injection Services 2021-2022 Public Works February 2020 1IPage City of Columbia Heights, MN Ash Tree Injection Services Quote Request Overview: The City of Columbia Heights is requesting quotes from qualified contractors to provide the Urban Forestry Department with a proposal to provide trunk injection services for ash trees growing on City owned properties and private properties. Specifications: All submissions must comply with the specifications within this request. Instructions: Quotes may be submitted via email to: Liam Genter, Urban Forestry Specialist, Igenter(ocolumbiaheightsmn.aov. Please include Company Name, Title, Address and Contact Phone Number. The City reserves the right to reject any or all proposals, to waive technicalities, and to select a contractor based upon the best interests of the City. Submission Deadline: Quote submissions must be submitted no later than noon on Friday, March 12, 2021. Signed: Liam Genter, Urban Forestry Specialist 763-706-3722 2 1 P a g e Quote Request I. GENERAL PROVISION A. Request for Quotes The City of Columbia Heights is requesting quotes from professional tree service contractors to provide tree injection services for ash trees on City property (parks and right-of-way (ROW)) and private property over a two year time period, 2021-2022. Quotes must itemize the costs per inch of diameter at breast height (DBH) for tree injection within each area. Refer to Attachments (A) and (B). The ash tree injections on City properties are a known quantity, but the trees on private property are not known and there is no guarantee of participation in the program. The quote being obtained for tree injections on private property enables property owners in Columbia Heights to receive a bulk discount for participating in the City program along with the work being completed on City properties. GPS points must be collected/updated for each tree injected. Collected GPS data must be submitted to the City as .shp file. Ash trees must be injected with 4% liquid formulation of Emamectin benzoate labeled for tree injection and approved by the City. The selected contractor will provide the appropriate injection equipment, insecticides, and trained personnel to complete the project in the time set forth in this agreement. Area 1- City property (right-of-way and parks) • Approximately 250 ash trees, approximate total DBH of 5,000 inches o The City reserves the right to increase or decrease quantities. • All ash injections of City -owned trees must be completed between June 1st- July 151h o Any variances in dates must be approved by the City Forester. • All invoices will be remitted to the City of Columbia Heights and itemized by address/park listing and unique number assigned to each tree. Area 2 — Any Private Property within Columbia Heights • The property owner will contact the contractor directly to initiate an inspection (free of charge), receive a quote and provide permission for work. Inspections must be provided by employees well -qualified to assess the health of ash trees (ISA certified arborist, Certified MN Tree Inspector). • The contractor must collect GPS data on all treated trees and provide it to the City. • All ash injections must be completed between June 1st and September 30th of each year or before fall leaf color, whichever occurs sooner. • Any variances in dates must be approved by the City Forester. • All invoices will be remitted to the property owner. B. Contractors A contractor must be a properly insured, respected, financially viable company that has been in business for at least five (5) years, with at least three (3) years of experience performing plant health care or injection treatments for local units of government or other public agencies. Contractor must be licensed to perform tree care activities within the City of Columbia Heights and have an up to date registration with the Minnesota Department of Agriculture Tree Care Registry. The company must have the ability to assist in formulating a marketing and education plan and materials in order to promote the 3 1 P a g e program to the public. There must be at least one ISA certified arborist available to supervise the program and the application crew(s). All members of the application crew must be licensed Minnesota commercial pesticide applicators. The contractor must have at least one person available to take GPS data on each tree injected on private property for inclusion in the City's tree inventory. Each contractor must provide a list of three (3) municipal or public agency references. The work should not be more than five (5) years old. Refer to Attachment (C) Qualifications. C. Instructions for Quotes All quotes must be: • Written in ink or typewritten on a proposal form with all requested information. • Emailed, hand delivered, or received by the deadline established. Questions about the proposal, selection, reporting requirements or approvals should be directed to Liam Genter, Urban Forestry Specialist at the City of Columbia Heights at (763) 706-3722 or via email at: Igenter(cD-columbiaheightsmn.gov . D. Insurance Contractor must provide a certificate of liability insurance, listing the City of Columbia Heights as a Certificate Holder covering all activities within the scope of the contract performed by the Contractor. The policy must have a single limit liability coverage minimum of $1,000,000.00 and meet all requirements found in 9. of the Preliminary Statement in `Attachment (D) — Agreement for Professional Services Contract'. Contractor must provide required insurance coverage prior to starting work. E. Contract Form The contract form of agreement will be furnished by the City of Columbia Heights. The City's contract is found in Attachment (D). F. Contractor Selection The City will select the contractor based on its evaluation of quality, experience, price and other factors it deems to be in the City's best interest. The City reserves the right to reject any and all proposals. G. Contract Period and Project Completion Dates The contract will commence on date of contract award in March 2021 and terminated September 30, 2022 unless terminated sooner in accordance with the provisions contained in this contract. The tree injection period for City Trees (Area 1) will run from approximately June 1st -July 15th. The tree injection period for Private Trees (Area 2) will run from approximately June 1st -September 301n Injections will occur on trees that have fully expanded leaves and have not reached fall senescence (fall leaf color). The City reserves the right to extend or limit the time period based on seasonal conditions. If the injection period proposed by the City cannot be met, list alternative deadlines in Attachment (C) Qualifications. Prior to beginning work under this contract, the contractor must arrange for a meeting with City Forestry staff at which time specifications will be reviewed and the scheduling of work will be discussed. At that 4 1 P a g e meeting the contractor shall be represented by the superintendent and the individual(s) arborist(s) who will be representing the contractor during the progress of this contract. Assigned applicators may be required to provide an on -site demonstration prior to the start of the project. To arrange for such a meeting, call Liam Genter at (763) 706-3722. The meeting must take place prior to the intended start of work and no work may commence without such a meeting. The entire project must be completed by September 30t", 2022 unless the City Forester approves an extension or alternate proposed timeline. H. Subcontractor No subcontractors will be allowed for the injection contract. The qualifying contractor must be capable of completing all tree injection, GPS, and marketing work as specified. I. Superintendence by Contractor The contractor must have a competent superintendent who is an ISA Certified Arborist supervising all application crews. The contractor must also provide an adequate and qualified staff certified by the Minnesota Department of Agriculture for the proper coordination and expediting of work under this agreement. Resumes/lists of qualifications must be included in the proposal, see Attachment (C) Qualifications for requirements. J. Basis of Payment Payment for injections on City property will be made within 30 days of acceptance of the work, based on the City's claims list. The contractor is responsible for invoicing the property owner for tree injections on private property and collecting those payments. The City has no responsibility for the private property tree injections or any other services provided on private property. The Contractor is responsible for taking any action needed to collect any unpaid invoices with respect to these services. II. Tree Injection Specifications A. General It is the intent of these specifications to describe the tree injection program requirements for each area. (a) Area 1: City property (b) Area 2: Private property The goals of the program are to: • Protect ash trees from emerald ash borer infestation on public property. • Provide a bulk discount through a formal City program to encourage private property owners to proactively inject their ash trees in order to preserve the City's tree canopy and the accompanying economic and environmental benefits. • Educate City residents about the benefits of tree injection treatments for high value ash trees as part of the City's overall EAB management plan. • Collect GPS points for injected ash trees growing on private property. The information will be used to ensure communication occurs before condemning potentially protected trees, and to gauge the participation and success of the program over time. 5 1 P a g e B. Equipment and Treatment Specifications Applicators must demonstrate proficiency with the injection equipment and knowledge of the products used to prevent EAB. Assigned applicators may be required to provide an on -site demonstration prior to the start of the project. A description of the contractor's training program is required in Attachment (C) Qualifications. Industry Standards: The contractor must use work methods, safety procedures and personal protective equipment conforming to all ANSI A300, ANSI Z133, and all applicable OSHA standards in performing the work under this contract. The contractor must supply any Material Safety Data Sheets (MSDS) to the City upon request. Formulation Rates: It is the responsibility of the contractor to follow all insecticide label instructions. Any alterations in the formulations or equipment must be approved in advance by the City unless otherwise specified in this contract. In order to remain responsive to emerging research, the City reserves the right to request a change in formulation rates or application methods for the duration of the contract. Any such change and additional costs incurred would be agreed to in written correspondence between the contractor and the City. 1) All injections of ash trees must be with an approved 4% liquid formulation of Emamectin benzoate. The City may give preference to formulations that pose the lowest health risks to applicators as determined by the US EPA signal word listed on the product label. No substitutions of the formulations shall be allowed unless approved by the City. 2) All City Trees (Area 1) are to be treated every 3 years unless otherwise specified by the City. The City reserves the right to change this interval at any time in response to the latest research and pest pressure. Private Trees (Area 2) are proposed to be treated every 3 years, with the option for the property owner to request treatment every 2 years. 3) As shown on the specified chart Attachments (A) and (B), - For City trees (Area 1), the rates of injection shall be at the low rate (2.5 ml / inch DBH) for trees <20" DBH and at the medium rate (5 ml / inch DBH) for trees =>20" DBH. For private trees (Area 2) the same injection rates are recommended, but not required. A minimum two year warranty must be provided to private property owners. 4) Injections must be made at the soil line to ensure the best distribution of the insecticide throughout the tree. Trees equal to or greater than 20 inches DBH must be injected with a Tree I.V., Q-Connect plug -less injection system, or other approved system, diluted with water. A pneumatic gun is not allowed in performing the injections. The contractor may have to pull back mulch, grass, or soil. Equipment: It is the responsibility of the contractor to provide all necessary equipment to complete the contract under these specifications. 1) Equipment must remain in proper operating condition throughout the term of the contract. The contractor is responsible for cleaning and providing upkeep to the injection system on a daily basis. Any maintenance issues or repairs are the sole responsibility of the contractor. 2) Contractor must use a high -helix drill bit and must replace the drill bits after every 100 DBH inches to maintain high efficiency. Drilled holes must be the size recommended by the injection equipment manufacturer. 6 1 P a g e 3) Injection holes on ash must be drilled to a depth of approximately 1 inch below the bark to maximize delivery of chemical into ash trees. 4) All injected trees must be tagged with the year of injection clearly indicated on the tag. The contractor must provide tags for all injected trees (public and private). The tags must be of a design and type that can persist on the tree for at least 3 years. C. Guarantee and Warranty A minimum two year warranty must be provided for all tree injections, both City and private injections. The proposal must offer a clear written guarantee and warranty for tree injections based on contractor dictated criteria. Describe the period of time and all criteria and eligibility for ash tree injections in Attachment (C) Qualifications. If a healthy injected tree dies of EAB within the guarantee period, the contractor must uphold their agreement with the property owner as written within the proposal. D. Tree Feature Class Attributes GPS points must be collected for each private tree injected. GPS points for trees on private property will need to be created and attributes collected. The contractor is required to provide their own mobile device. If the contractor desires, the City will provide the point feature class (.shp) with all collected/updated ash tree data. Every effort should be made to collect x-y coordinates within 5 meters of the tree. In the event this accuracy cannot be met, horizontal accuracy of 20 meters will be accepted if verified with aerial photography to ensure the approximate location of the tree on a property. The successful proposal will highlight the contractor's work process to ensure that data collected is accurate, efficient, and accountable. E. Property Access and Notification If the contractor desires to enter private property to access trees on a City owned property, it is the contractor's responsibility to notify the underlying property owner by knocking on the door at the time of the site visit or making a phone call ahead of time. City Forestry staff should be notified of the contractor's intent on accessing a City site through private property. F. Contract Supervision and Form of Order to Proceed The City's Forestry Staff will assign trees on City property to the contractor when the program commences. The City will continuously refer property owners interested in tree injections to the contractor throughout the treatment period of June -September in a format mutually agreed upon prior to the start of the program. The City will reserve the right to request locations planned for treatment during the week and conduct spot checks. G. Marketing Injection Program to Private Property It is the City's intent, through this contract, to increase the number of ash trees properly treated on private property. Marketing will be a large component of this. The City will do a minimum of one postcard mailing to all property owners in Columbia Heights notifying them of the program, along with other marketing in the City newsletter, website, at city events, and on social media accounts. The contractor is required to assist with this marketing, but is not allowed to distribute any materials or information, door knock, or any other solicitation without prior approval from the City. The successful contractor will demonstrate an ability to lead and expand this effort. 7 1 P a g e H. Required Tree Inspections on Private Property On private property, prior to recommending treatment, all ash trees must be inspected by a qualified individual employed by the contractor. There may be instances when a tree is not in suitable health or condition to recommend treatment, and the contractor must have an individual experienced in communicating tree information to the general public. The person assigned to inspect the trees and provide resident consultation must be trained and qualified to assess ash tree health (ISA arborist, Certified MN Tree Inspector). The individual must be qualified to diagnose Emerald Ash Borer and have experience evaluating tree condition. Additionally, the individual must be able to explain the benefits and risks of all ash protection options, with regard to pollinators, water quality, human health, and tree health and condition. These consultations must be provided to the property owner free of charge. Refer to Attachment (C) Qualifications. Required Tree Inspections on Public Property The list of trees to be treated on public property have been inspected and at the time of inspection deemed suitable for treatment. A second inspection by the contractor is required before treatment to assess any unnoticed or new condition which may disqualify it from treatment. If any of the following conditions are present, the contractor shall consult with the City's Forestry Staff before treatment. • More than 30% canopy decline • Signs of severe decay in trunk or major branches • A crack in trunk or major branch • Broken limbs larger than 4 diameter inches • Any fungal fruiting body on trunk or major branches • Any other condition which may make it unsuitable for treatment Applicators must have the knowledge to identify all of these conditions. J. Maps At the beginning of the contract performance period, the City will provide maps and working spreadsheets with the final ash trees to be injected on public property. K. Hours of Operations and Uniform Approved field working hours are 7am-7pm, Monday -Friday. Any work outside of this timeframe must be approved by the City Forester beforehand. The certified applicators and GPS staff must wear company uniform and/or a high visibility/safety vest at all times during field operations. Every vehicle associated with the treatment program must display a company logo or name. III. Evaluation and Selection In order for the submitted quote to be considered it must provide a price on Attachment A, & B, as well as completed Attachment C. A selection committee comprised of City staff will review submitted quotes. This committee will recommend acceptance based on individual evaluations of each submission, judged on the best interests of the City (not necessarily the lowest quotes) including the following factors: 8 1 P a g e A. Deadline All proposals will be considered that are received no later than the date specified on in this request for proposals. The City of Columbia Heights reserves the right to disregard proposals received after the specified deadline. B. Ash Tree Injection Price Quote Form for City Owned Property See Attachment (A) for required information. C. Ash Tree Injection Price Quote Form for Private Property within Columbia Heights See Attachment (B) for required information. D. Qualifications of Proposers See Attachment (C) for required information. E. Timeline for Completion Proposers must be able to complete all of the guaranteed treatments on City property (Area 1) by July 15th and all other ash treatments by September 30th of each calendar year during the two year contract period. All private property ash tree treatments must be completed within this proposal's specified dates following the customer's request. F. Industry Accepted Standards All work must comply with ANSI A300 and Z133 industry standards, as well as practices listed in the International Society of Arboriculture's publication "Best Management Practices - Tree Injection". G. Contact Information/Questions Questions about the selection, reporting requirements or approvals should be directed to Liam Genter, Urban Forestry Specialist for the City of Columbia Heights, at (763) 706-3722 or via email at: Igenter(o-)columbiaheightsmn.gov H. Attachments A) Ash Tree Injection Price Quote Form for City Property B) Ash Tree Injection Price Quote Form for Residential Private Property C) Qualifications D) Agreement 9 1 P a g e Ash Tree Injection Services Attachment A — Ash Tree Injection Price Quote for emamectin benzoate injection — Public Property - Area 1 - over two year time period at the Low Rate (2.5ml/tree diameter inch) for trees < 20" DBH and Medium Rate (5ml/tree diameter inch) for trees 20"+ DBH. Approximately 250 trees will be treated with an approximate total DBH of 5,000 inches. A minimum two year warranty must be provided. Work must meet all specifications in this document. PUBLIC TREES Contractor fills out= $$$ DBH Class mL/inch Unit Price $/inch Trees <20" 2.5 $3.90 Trees 20"+ 5 $3.95 Name of Rainbow Treecare Authorized )s� Company: Signature: Date: 3/12/2021 10IPage Ash Tree Injection Services Attachment B — Ash Tree Injection Price Quote for emamectin benzoate — Area 2 — Any Private Property within Columbia Heights There is no guarantee on the number of trees that will be injected in this area, since the work will be initiated by private property owners. Tree injections completed for private property trees will be invoiced directly to the owner. Based on a 2010 survey, there are an estimated 5,800 ash trees (of which >50% are 12"+) in maintained areas within the City. For purposes of this proposal, you must provide a price for each diameter class. A minimum two year warranty must be provided to the property owner. The mL/inch listed for these trees are a recommendation, not a requirement -the contractor is allowed to inject at a rate they feel necessary to provide warranty. Work must meet all specifications in this document. Contractor fills out= $$$ DBH Class mL/inch (recommendation only, not requirement) Unit Price $/inch Trees <20" 2.5 $5.82 Trees 20"+ 5 $5.82 Name of Rainbow Treecare Authorized �( _ Company: Signature: Date: 3/12/2021 11IPage Ash Tree Injection Services Attachment C — Qualifications If more room is needed, please attach additional sheets to the packet. 1. List number of years in business (5 years minimum): 45 2. How many years of experience does the company have in performing plant health care or injection treatments for local units of government or other public agencies (3 years minimum): 45 3. List of References/Communities worked for (3 references minimum). Community Name Contact Name Phone Number Last Work Date City of Burnsville Dave Grommesch 952-895-4508 2020 City of Lakeville Emily Ball 952-985-2791 2020 City of Chanhassen Jill Sinclair 952-227-1133 2020 City of Brooklyn Park Mark Anderson 763-493-8126 2020 City of Roseville Anita Twaroski 651-792-7142 2020 City of Minnetonka Hannibal Hayes 952-988-8436 2020 City of Maple Grove Kelly Matzke 763-494-6365 2020 City of Oakdale Loren Coda 651-501-5302 2020 City of Champlin Charlie Lehn 763-923-7163 2020 City of Hastings Chris Jenkins 651-480-6176 2020 City of Farmington Tom Hoffman 651-280-6845 2020 City of Columbia Heights Kevin Hansen 763-706-3711 2020 City of West St. Paul Dave Schletty 651-552-4152 2020 City of Prior Lake Barb Thompson 952-447-9800 2020 4. List names of person(s) who will supervise this contract, number of years of experience, and ISA Certified Arborist number. Contract Supervisor Years of Experience ISA Certified Arborist Number Jeff Hafner 1 25 1 WE-6506A 5. List names of person(s) who will perform field inspections for this contract (providing estimates and tree evaluations), number of years of experience, and qualifications. Consulting Arboris:t= Years of Experience ISA Certified Arborist # Kyle Gillis 1 8 MN-4556A 121Page Ash Tree Injection Services Attachment C — Qualifications 6. List names of licensed Minnesota commercial pesticide applicators available for this contract and their qualifications. Last First Pest# RevertBy Categories Last First Pest# RecertBy Categories Last First Pest# Revert By Categories Anderle Wilson 20194359 12/31/2019 A,E Hagen Donald 20191 12/31/2019 A,E Oberlander Josh 201%355 12/31/2019 A,E Anderson Evan 2014697912/31/2018A,E,1 Hal lad a Randalyn 2016573212/31/2019A,E,J Olson Per 2019551412/31/2019A,E Anderson Spencer 20157455 12/31/2018 A,E Hanson Nicholas 20195992 12/31/2019 A,E Pahl Samuel 20194359 12/31/2019 A,E Anderson Cory 2016257112/31/2018 A,E Henning Kyle 2014413012/31/203B A,E Paul Austin 2019281012/31/2019 A,E,J Anderson Eric 20176329 12/31/2019 A,E Hjort Soren 20197766 12/31/2019 A,E Peters Colin 20175247 12/31/2019 A,E Andersonlacob 20197OW 12/31/2019A,E Hoffman Claire 2019925012/31/2019A,E Pi::erie Tyler 2016982312/31/21 Berg Jared 20746354 12/31/2019 A,E Hokens Ridge 20197041 12/31/2019 A,E Rose Nathan 20195118 12/31/2014 A,E Boraas Aaron 201955W 12/31/2019 A,E Holmes Carter 20183937 12/31/2018 A,E Scho en ike Paul 20108150 12/31/2019 A,E Brooks Lauren 20796579 12/31/2019 A,E Holslin Alex 20157784 12/31/2019 A,E Schwarzrodr Justin 20185MB 12/31/2019 A,E Buysse Theodore 20196015 12/31/2019 A,E,1 Hughson Brandon 20127232 12/31/2019 A,E Seitz Andrew 20197425 12/31/2019 A,E Carlisle Colby 20793177 12/31/2019 A,E Iverson Connor 20186660 12/31/203B A,E Shokes Davin 20130080 12/31/201B A,E Carlson Jordan 20163337 12/31/2018 A,E Jane a Jozet 20173196 12/31/2019 A,E,J Skager Kevin 20155857 12/31/2019 A,E Carlson Thomas 2016642112/31/201ZA,E Johnson Courtney 20185992 12/31/2019 A,E Soraoka Ruth 2016777912/31/2318A,E Carman Samuel 20787229 12/31/2018 A,E Kan Lydia 20194052 12/31/203B A, E,J Spaude Jacob 20195956 12/31/2019 A,E clay Kevin 201449M 12/31/2018 A,E Karst Matthew 20178390 12/31/2019 A,E Stein Andrew 20144222 12/31/201B A,E Connelly Joseph 20166731 12/31/2018A,E,1 Kenney Joshua 2019436112/3112019A,E Stewart Danielle 201718U 12/31/2019 A,E Cooper Brent 20163334 12/31/2018 A,E Knight Joseph 201%696 12/31/2019 A,E Stewart Zacharty 20173235 12/31/2019 A,E Cornwell Ashley 20199261 12/31/2014 A,E KueRer JEnka 20194357 12/31/2019 A,E Stokes Robert 20196706 12/31/2019 A,E Court Mathew 20194212 12/31/2019 A,E LaCroix Angela 20199665 12/31/2019A,E Thilmony Blake 20187020127317201E A,E,J Cylaoran Chad 20171845 12/31/2019 A,E,1 Lang Tyler 20195817 12/31/2019 A,E,J Trifiletti Brandon 20195,329 12/31/2019 A,E Daly Peter 20196019 12/31/2019 A,E Laphere Steven 20194352 12/31/2019 A,E Trongard Ross 20176332 12/31/2019 A,E Dar. Charles 20173029 12/31/2019 A,E,P Lefebvre Louis 20196690 12/31/2019 A,E Vane Peyton 20173236 12/31/2019 A,E Dick Joe 20173514 12/31/2019 A,E,1 Lei nin er Mercedes,201%554 12/31/2019 A,E Vang Teng 20193694 12/31/2019 A,E Drangstve Jason 201,34353 12/31/2019 A,E Maiers John 20185990 12/31/2019 A,E Welberg Nathan 20194215 12/31/2019 A,E.1 Dudley Kevan 20197097 12/31/2018 A,E McAlister Breeana 20193225 12/31/203B A,E Wilkinson Mitchell 20199539 12/31/2019 A,E,J Eks.rom Andrew 20785536 12/31/2018 A,E McCol lins Thomas 201,3651712/31/2019 A,E Wischmann Cole 2019374812131/2019 A,E Eller Robert 2017251212/31/2019A,E McCord Katherine 20193943 12/31/2019A,E Wright Joseph 2018904912131/2018A,E Folkards Luke 20176321 12/31/2019 A,E Miller Brandon 20108443 12/31/2019 A,E Yang Kia 20155099 12/31/2019 A,E Foster Franklin 20166423 12/31/2018 A,E Mueller Blake 20195989 12/31/2019 A,E Young Jack 20194229 12/31/2019 A,E Full Wesley 20155943 12/31/2018 A,E Mueller Madeline 2019902212/31/2019 A,E 2era RJ 2019773912/31/2019 A,E Fuller Marcus 201149M 12/31/2018 A,E Narveson Kyle 20144133 12/31/201B A,E,J Miller Dylan 20193751 12/31/2019 A,E Garvey Colin 2019669112/31/ 2014 A, E Nelson Nathaniel 2019565912/31/2019 A,E Chapman Alexande 201%563 12/31/2019A,E Gauthier Mitch ael 20190053 12/31/2019A,L,P Newkirk Samuel 20194321512/31/2019 A,E He nd rydcs Jay 2019794012/31/2019 A,E Gillis Kyle 2015455412/31/2019A,E Nielsen Matthew 2018494612/31/2018 A,E Grohs Kevin 20189050 12/31/2018 A,E,1 Nuthals Brittney 20196018 12/31/2019 A,E 7. Please describe the training protocol for your applicators including length of time spent training, content, and methods you employ to ensure uniform, consistent tree protection results. Rainbow Treecare is accredited by the Tree Care Industry Association, a designation that requires thorough annual reviews of company -wide training, safety programs, and record keeping, Dr— 1 Rainbow Onboarding and Orientation Training (ROOTS) Plant Health Care Technicians Outline 7:30-8:20 50m • Tree ID Kent Honl Needed 8:20 8:40 20m Common Tree and Shrub Diseases Kent Honl PPT/discussion/ found in Minnesota In training CA folder test 8:40-9:00 20m Common Insect Pests Found on Trees Kent Honl PPT/discussion/ and Shrubs in Minnesota. In training CA folder test 1.31rage 9:00 —9:20 20m • Kent Honl PPT/discussion/ In training CA folder test 9:20-9:40 20m . Tree Nutrition Mason PPT/Discussion 9:40 — 9:55 15m BREAK 9:55 — 10:15 20m • Work Order Training Christina • Daily Production Report Training 10:15 —11:10 55m Rainbow Treecare PHC Products, Cooper/ Nenning PPT/Discussion Formulations, Filling and Mixing 11:10 —11:50 40m 11:50-1:20 90m . Lunch Narveson/ Cooper Field Demo/Hands on Training 1:20-3:45 145m • All Station 1 Narveson/Galvin Field Demo/Hands on Training 3:45 — 4:00 15m Conclude day and preview next day Mason Day 2 (PHC Basics/Spray Applications/Protocols) TIME LENGTH TOPICS INSTRUCrOR FORMAT 7:30-7:45 15m Roll call Mason Field Demo/Hands Truck assignments on Training 7:45-10:00 135m Station 3 - sprays Henning 45m • Insect Sprays(Foliar vs. Trunk and Limb Field Demo/Hands on Training 30m Fungal Sprays(conifer vs. deciduous) Field Demo/Hands on Training 15m • Small tree vs. Large tree Field Demo/Hands on Training 15m • How Much Spray is enough? Field Demo/Hands on Training tom • Pressure Settings Field Demo/Hands on training 15m • Backpack Sprayer Field Demo/Hands on Training 10:00-11:30 90m Station 5 — EAB/Tree id Mason/ Gillis Field Demo/Hands on Training 11:30- 12:00 30m Lunch Field Demo/Hands on Training 12:00-2:15 135m Station 4 -Soil apps Narveson Field Demo/Hands on Training 30m • Rainbow Treecare Soil Application Field Demo/Hands Protocols and Equipment on Training 15m • Root Feeder/HTI 2000 Calibration Field Demo/Hands on Training 30m • Soil Applications with the HTI 2000/Soil Field Demo/Hands Drench on Training. 30m • Soil Applications with the Root Field Demo/Hands Feeder/possible obstructions on Training lom . Pump Pressure Settings (1 or 2 applicators) Field Demo/Hands on Training 15m . Backpack Use Field Demo/Hands on Training 2:15 — 3:45 90m Station 6- Driver Training Cooper/ Galvin/ Field Demo/Hands 141Page Nordstrom on Training • Driver Test Field Demo/Hands on Training • Backing Training/ Test Field Demo/Hands on Training 3:45 —4:00 Ism Conclude day and preview next day Field Demo/Hands on Training Day 3 (PHC Basics/Spray Applications/Protocols) Day 4 (1 List of equipment available for this project to inject ash trees. Which specific formulation of insecticide will be used? Which specific delivery mechanism will be used? Explain why these specific products were chosen. Rainbow Treecare currently has over 100 Q-Connect systems in use. We manufacture the Q-Connect injection systems in our Minnetonka warehouse and additional systems can be brought into service overnight if needed. Rainbow Treecare has a dedicated staff of municipal EAB injection technicians. EAB injection technicians (60+) track individual tree treatments using mobile tablets synced with our enterprise ArcGIS software platform. Our technician workflow tracks tree DBH updates, date, time, product used, and product volume for all ash tree injections regardless of ownership (public or private). In 2019. Rainbow Treecare EAB technicians tracked the treatment of over 25.000 ash trees. 9. Please describe the guarantee, warranty period and eligibility for ash treatments (both public and private). Our trunk injected Emamectin benzoate EAB guarantee will begin upon treatment of trees in good condition and will last for two years from the date of treatment. The guarantee will not lapse if the re -treatment has been approved prior to the expiration of the two year warranty period and your account is in good standing. Protected ash trees will not die from an Emerald Ash Borer (EAB) infestation while under our guarantee. This guarantee will last for two years after the date of treatment. If a protected ash tree dies from an EAB infestation while under guarantee, you will be refunded your last EAB treatment cost. We will deliver treatments using research tested products using the most up to date protocols to provide for optimal effectiveness. 151Page We will visually inspect your protected tree(s) every 1-2 years to examine for evidence of Emerald Ash Borer infestation. This inspection may take place at the time of re -treatment. We are available to look at your tree at any time should you be concerned about its condition. This guarantee is fully transferable to a new property owner. Rainbow Treecare reserves the right to treat ash trees in poor condition without a warranty. 10. As the majority of the ash trees in the City are on private property, it is a goal of this contract to promote proper treatment of healthy ash trees in these areas. Please list how the company can assist marketing this program to property owners in Columbia Heights. Describe or include examples of previous work and any ideas to reach out to our community. Rainbow Treecare currently partners with over 25 cities throughout the Twin Cities metro and has been a national leader in communicating the impacts of EAB since 2004. Our in-house design and marketing team partners with city communications staff to align on and amplify city messaging to residents and property owners. A. Rainbow Treecare Proposed Outreach and Education to Columbia Heights Homeowners Types of Co -branded Deliverables, created, printed, and mailed at our expense i. EAB Flyer (example attached) ii. Direct mail post card (examples attached) iii. City -specific landing page (example attached) 1. https://www.rainbowtreecare.com/emerald-ash-borer/city-partnerships/ Rainbow Led Marketing Tactics i. E-mail to existing customers 1. Customers treating receive pricing update 2. Customers with known ash trees not treating receive encouraging message of new program 3. Customers without or unknown ash tree status receive announcement of new program 3. Shared resources i. Art Files 1. Rainbow Treecare provides access to a DropBox folder with EAB photos and graphics for the City of Columbia Heights to access as needed Social Media 1. Rainbow Treecare follows/amplifies all City social media EAB messaging 4. Annual Reporting A comprehensive annual report of program participation shall be submitted to the City including web traffic, call volume, and total private treated trees 16IPage Rainbow Treecare Proposed Outreach and Education Material Production Timeline: Task Task Anticipated Completion Completed By Number Schedule meeting with City of Within 4 weeks of signed 1 Columbia Heights communications contract date City and RTC team Choose desired version of direct Within 4 weeks of signed 2 mail post card for 2019 outreach contract date City and RTC campaign Create EAB landing page for Within 3 weeks of signed 3 Columbia Heights residents to sign contract date RTC up for appointments Create first draft direct mail post Within 5 weeks of signed 4 card and flyer for 2019 outreach contract date RTC campaign Review first draft of direct mail post Within 5 weeks of signed 5 card and flyer for 2019 outreach contract date City campaign Create final draft direct mail post Within 5 weeks of signed 6 card and flyer for 2019 outreach contract date RTC campaign Create mail list of property owners Within 4 weeks of signed 7 within the City of Columbia Heights contract date RTC from city parcel data Send final approved post card to Within 6 weeks of signed 8 printer along with created mail list contract date RTC Homeowners can request a free private ash tree evaluation by: a. Calling our Customer Service Team Our EAB hotline routes calls directly to a representative familiar with EAB municipal homeowner programs b. Completing a web form i. Each individual City landing page includes a web form. ii. All web forms receive responses within four business hours Scheduling Exoectations a. Homeowners receive a property visit within 5 business days b. Homeowners receive an EAB protection proposal (when appropriate) within 3 business days of the property visit c. EAB treatment timing depends on date of proposal acceptance 17IPage Draft Direct Mail Post Card Template #1 ' - ` ■ a T : V&tm CITY-WIDE RESIDENT DISCOUNT am#etonr+ T anm + + InjciIreratmen} Program I]ustothediscovergofemeraldash l G L �1 borer [EAB], the city oFYOUR CITY has chosen Rainbow Treecafe as their coruractorto treat public ash trees- This Try Removal in[ludes trees along boulevards. ' A city-wide discount is being offered to � # HIGH Cost YOUR CITY homeowners through 2Cf0 fur GAn ..........,y;';' trees on private propeny that are at least p 1 10"in diameter and in good physical condition. RalnbowTrescomwill inspect i yourtree(s] at no cost to you todeter- 7 ' mine ii treatment is the best option. Rainbow Treecara offers a rnoney back guarantee forYOURCITY residents if your treediesfrom EABwhile undercontinu- •ecti aus protection2 Year. Tmated r ; a EAB larvae damage on ash tree, - polnppw ��i[;Y 1 Injection Treatment Program Protecting your ash tree for 20 YEARS is LESSto than the cast remove it Benefits of the City of YOUR CITY's Ash ,,O,e� 4 e 5a•5 InJectlon Program: In areas with high EAB populations, trunk injections have achieved a higher success rate, and protect the tree longer than sail -applied treatments. The city-wide bulk discount provides homeowners with an affordable option for man agingtheir ash trees for long-term protection. Contact Rainbow Treecare today t for the city-wide discount. 952.767.6920 RdnbowTreecore www.rainbowtreecare.com/YOUR-CITY 181Page Draft Direct Mail Post Card Template #2 Emerald Ash Borer Prevention YOUR CITY's Injection Program Citywide group discount now available! In preparation for the inevitable arrival of emerald ash borer (EAB), the City of YOUR CITY has contracted with RainbowTreecare to treat public ash trees growing along streets and in parks. A citywide bulk discount will be offered through 2018 to YOUR CITY homeowners for trees on private property that are at least 10" in diameter and in good physical condition. Treatment M Cost BIG Gain! Removal HIGH Cost BIG Loss! nAl 1 1 t� 1 Contact Rainbow •' Treecare today t( take advantage of the citywide discount. 1 191Page Draft Direct Mail Post Card Template #3 U I a aTIA011[110J Injection Treatment Program CITY-WIDE RESIDENT DISCOUNT NOW AVAILABLE! Due to the discovery of emerald ash borer (EA ), the city of YOUR CITY has chosen Rainbow Treecare as their contractor to treat public ash trees. This includes trees along boulevards. A city-wide discount is being offered to YOUR CITY home- owners through 2018 for trees on private property that are at least 10" in diameter and in good physical condition- RalnbowTreecare will inspect your treeisj at no cost to you to determine if treatment is the best option. RalnbowTreecare offers a money back guarantee for YOUR CITY residents if your tree dies from EABwhile under continuous protection. t . R.: s- EAB larvae damage on ash tree. i]a I ECTION TREATMENT PROGRAM Protecting your ash tree for 20 YEARS is LESSthan the cost to remove it Benefits of the City of YOUR CITY's Treatment , Ash Injection Program: In areas with high EAB populations, trunk injections have achieved a higher success rate, and protect the tree longer than soil -applied treatments. The city-wide bulk discount provides homeowners with an affordable option for managingtheir ash trees for long-term protection. Contact Rainbow Treecare today for the citywide discount. Mii' �il 952.555.5555 Rainbow Treecare W�",,inbawtreecare.com/YOUR-CITY Removal Your logo here aff, 00 Rainbow Treecare 201Page Attachment C — Qualifications 11. Will the company assist in identifying neighborhoods in the City with high ash populations on private property free of charge? Will the company pay for any mailings (City approved) to market the program? How much would the company be willing to spend on this? Our intention is to create and mail a post card (at our expense of $.50 each) to all Columbia Heights property owners (-8,500 housing units,-$4,250 ) before the end of June of each treatment year. 12. Does the company have the necessary tools, equipment, and staff to inventory injected trees and collect data to comply with the specifications? Yes 13. Please list qualified staff available and briefly describe at least 2 tree inventory (GPS/GIS) projects completed by the company. All Rainbow Treecare EAB injection technicians (80+) track individual tree treatments using mobile tablets synced with our enterprise ArcGIS software platform. Our technician workflow tracks tree DBH updates, date, time, product used, and product volume for all ash tree injections regardless of ownership (public or private). In 2019, Rainbow Treecare EAB technicians tracked the treatment of over 25,000 ash trees. Davin Shokes, Manager of GIS Systems: Mr. Shokes will manage inventory data and provide maps and tables for the Project. As GIS Manager, Mr. Shokes has developed applications and mobile workflows to help commercial and municipal entities manage large tree populations. Mr. Shokes was awarded a Bachelor of Science Degree in Forest and Natural Resource Management with Urban & Community Forestry Specialization from the University of Minnesota and has a strong understanding of statistics, geodatabase administration, and enterprise level software compatibilities. Rainbow Treecare example protects City of Burnsville Ash Tree Treatment Project with Example Data Collected 211Page Rainbow Treecare example protects (continued) City of White Bear Lake ROW and Park Ash Tree Inventory 14. Can the company perform tree injections from approximately June 15t through September 30th each year during the contract period? If not, please note alternate timelines below. Yes 15. Can the company complete all tree injections on Public Property (Area 1) within June 1s'-July15theach year during the contract period? If not, please note alternate timelines below. Yes 16. How many tree injections can the company complete in one day for this project (estimated)? 500 221Page Ash Tree Injection Services Attachment D —Agreement for Professional Services Contract By signing below the contractor agrees to meet all requirements listed as conditions and specifications of this document, along with the `City of Columbia Heights Requirements for Contract Services' found below. If the City accepts the proposed quote, a City representative will sign below and return to the company, making this a formal contract. Contractor signs at time of quote. Rainbow Tree Company 952-252-0596 Legal Name of Company Phone 11571 K-Tel Drive Minnetonka, MN 55343 jhafner(&rainbowtreecare.com Legal Address of Company Email Authorized By: Jeff Hafner Authorized Company Representative (Name) Authorized By. Authorized By Authorized By 3/12/2021 Authorized Company Representative (Signature) Date City fills out after accepting quote. City of Columbia Heights Representative (Name) City of Columbia Heights Representative (Signature) Date Preliminary Statement The City has adopted a policy regarding the selection and hiring of contractors to provide a variety of services for City projects. That policy requires that persons, firms or corporations providing such services enter into written agreements with the City. The purpose of this Agreement is to set forth the terms and conditions for the provision of services by Contractor for the above `City Of Columbia Heights Ash Tree Iniection Services Quote Requesthereinafter referred to as the "Work". The City and Contractor agree as follows: 1. Scope of Work The Contractor agrees to provide, perform and complete all the provisions of the Work in accordance with attached Exhibit A. Any general or specific conditions, terms, agreements, consultant or industry proposal, or contract terms attached to or a part of Exhibit A are declined in full and, accordingly, are deleted and shall not be in effect in any manner. 2. Effective Date and Term of Agreement. This Agreement shall become effective as of the date both the City and Contractor sign the contract. [The Agreement shall continue for one (1) year thereafter, and automatically renew from year to year after expiration of said one year period except that this Agreement may be terminated at the end of any one (1) year period with sixty (60) days prior written notice from either party.] OR [as listed on "City Of Columbia Heights Ash Tree Iniection Services Quote Request' 3. Obligations of Contractor. Contractor shall conform to the following obligations: a. Contractor shall provide the materials and services as set forth in Exhibit A. b. Contractor and its employees will park in service areas or lots and use entries and exits as designated by City. Contractor's personnel will contact the appropriate person (i.e. receptionist, maintenance personnel, security, etc,) immediately upon entering the building, and will sign in and out if required by City. 231Page c. Care, coordination and communication by Contractor is imperative so that guests and employees in the buildings are not disturbed or inconvenienced during the performance of the contracted services. d. Contractor's personnel must be neat appearing, wear a uniform and badge that clearly identifies them as a service contractor, and abide by City's no smoking policies. e. Contractor must honor the City's request to reassign an employee for cause. Cause may include performance below acceptable standards or failure to present the necessary image or attitude, in the judgment of the owner, to present a first class operation. f. When necessary, Contractor's personnel will be provided with keys or access cards in order to perform their work. Any lost keys or cards that result in rekeying a space or other cost to the City will be billed back to the Contractor. 4. City's Obligations. City will do or provide to Contractor the following: a. Provide access to City properties as appropriate. 5. Compensation for Services. City agrees to pay the Contractor as listed on `City Of Columbia Heights Ash Tree Iniection Services Note Request' as full and complete payment for the labor, materials and services rendered pursuant to this Agreement and as described in Exhibit A. a. Any changes in the scope of the work which may result in an increase to the compensation due the Contractor shall require prior written approval by an authorized representative of the City or by the City Council. The City will not pay additional compensation for services that do not have prior written authorization. b. If Contractor is delayed in performance due to any cause beyond its reasonable control, including but not limited to strikes, riots, fires, acts of God, governmental actions, actions of a third party, or actions or inactions of City, the time for performance shall be extended by a period of time lost by reason of the delay. Contractor will be entitled to payment for its reasonable additional charges, if any, due to the delay. 6. Method of Payment. a. Contractor shall prepare and submit to City, on a monthly basis, itemized invoices setting forth work performed under this Agreement. Invoices submitted shall be paid in the same manner as other claims made to the City. b. Claims. To receive any payment on this Agreement, the invoice or bill must include the following signed and dated statement: "I declare under penalty of perjury that this account, claim, or demand is just and correct and that no part of it has been paid." c. No fuel surcharges or surcharges of any kind will be accepted nor will they be paid. 7. Proiect Manager. The Contractor shall designated a Project Manager and notify the City in writing of the identity of the Project Manager before starting work on the Project. The Project Manager shall be assisted by other staff members as necessary to facilitate the completion of the Work in accordance with the terms established herein. Contractor may not remove or replace the Project Manager without the approval of the City. 8. Standard of Care. Contractor shall exercise the same degree of care, skill and diligence in the performance of its services as is ordinarily exercised by members of the profession under similar circumstances in Hennepin County, Minnesota. Contractor shall be liable to the fullest extent permitted under applicable law, without limitation, for any injuries, loss, or damages proximately caused by Contractor's breach of this standard of care. Contractor shall put forth reasonable efforts to complete its duties in a timely manner. Contractor shall not be responsible for delays caused by factors beyond its control or that could not be reasonably foreseen at the time of execution of this Agreement. Contractor shall be responsible for costs, delays or damages arising from unreasonable delays in the performance of its duties. 9. Insurance. a. General Liability. Prior to starting the Work, Contractor shall procure, maintain and pay for such insurance as will protect against claims or loss which may arise out of operations by Contractor or by any subcontractor or by anyone employed by any of them or by anyone for whose acts any of them may be liable. Such insurance shall include, but not be limited to, minimum coverages and limits of liability specified in this Paragraph, or required by law. b. Contractor shall procure and maintain the following minimum insurance coverages and limits of liability for the Work: Worker's Compensation Statutory Limits Employer's Liability $500,000 each accident $500,000 disease policy limit $500,000 disease each employee Commercial General $1,000,000 property damage and bodily Liability injury per occurrence $2,000,000 general aggregate $2,000,000 Products — Completed Operations Aggregate $100,000 fire legal liability each occurrence $5,000 medical expense Comprehensive Automobile 241Page Liability $1,000,000 combined single limit each accident (shall include coverage for all owned, hired and non -owed vehicles.) Umbrella or Excess Liability $1,000,000 c. Commercial General Liability. The Commercial General Liability Policy shall be on ISO form CG 00 01 12 07 or CG 00 01 04 13, or the equivalent. Such insurance shall cover liability arising from premises, operations, independent contractors, products -completed operations, personal and advertising injury, and liability assumed under an insured contract (including the tort liability of another assumed in a business contract). There shall be no endorsement or modification of the Commercial General Liability form arising from pollution, explosion, collapse, underground property damage or work performed by subcontractors. d. Contractor shall maintain "stop gap" coverage if Contractor obtains Workers' Compensation coverage from any state fund if Employer's liability coverage is not available. e. All policies, except the Worker's Compensation Policy, shall name the "City of Columbia Heights" as an additional insured. f. All policies, except the Worker's Compensation Policy, Automobile Policy, and Professional Liability Policy, shall name the "City of Columbia Heights" as an additional insured including products and completed operations. g. All polices shall contain a waiver of subrogation in favor of the City. h. All General Liability policies, Automobile Liability policies, and Umbrella policies shall contain a waiver of subrogation in favor of the City. i. All polices, except the Worker's Compensation Policy, shall insure the defense and indemnity obligations assumed by Contractor under this Agreement. j. Contractor agrees to maintain all coverage required herein throughout the term of the Agreement and for a minimum of two (2) years following City's written acceptance of the Work. k. It shall be Contractor's responsibility to pay any retention or deductible for the coverages required herein. 1. All policies shall contain a provision or endorsement that coverages afforded thereunder shall not be cancelled or non - renewed or restrictive modifications added, without thirty (30) days' prior notice to the City, except that if the cancellation or non -renewal is due to non-payment, the coverages may not be terminated or non -renewed without ten (10) days' prior notice to the City. in. Contractor shall maintain in effect all insurance coverages required under this Paragraph at Contractor's sole expense and with insurance companies licensed to do business in the state in Minnesota and having a current A.M. Best rating of no less than A-, unless specifically accepted by City in writing. n. A copy of the Contractor's Certificate of Insurance which evidences the compliance with this Paragraph, must be filed with City prior to the start of Contractor's Work. Upon request a copy of the Contractor's insurance declaration page, Rider and/or Endorsement, as applicable shall be provided. Such documents evidencing Insurance shall be in a form acceptable to City and shall provide satisfactory evidence that Contractor has complied with all insurance requirements. Renewal certificates shall be provided to City prior to the expiration date of any of the required policies. City will not be obligated, however, to review such Certificate of Insurance, declaration page, Rider, Endorsement or certificates or other evidence of insurance, or to advise Contractor of any deficiencies in such documents and receipt thereof shall not relieve Contractor from, nor be deemed a waiver of, City's right to enforce the terms of Contractor's obligations hereunder. City reserves the right to examine any policy provided for under this paragraph. o. Effect of Contractor's Failure to Provide Insurance. If Contractor fails to provide the specified insurance, then Contractor will defend, indemnify and hold harmless the City, the City's officials, agents and employees from any loss, claim, liability and expense (including reasonable attorney's fees and expenses of litigation) to the extent necessary to afford the same protection as would have been provided by the specified insurance. Except to the extent prohibited by law, this indemnity applies regardless of any strict liability or negligence attributable to the City (including sole negligence) and regardless of the extent to which the underlying occurrence (i.e., the event giving rise to a claim which would have been covered by the specified insurance) is attributable to the negligent or otherwise wrongful act or omission (including breach of contract) of Contractor, its subcontractors, agents, employees or delegates. Contractor agrees that this indemnity shall be construed and applied in favor of indemnification. Contractor also agrees that if applicable law limits or precludes any aspect of this indemnity, then the indemnity will be considered limited only to the extent necessary to comply with that applicable law. The stated indemnity continues until all applicable statutes of limitation have run. If a claim arises within the scope of the stated indemnity, the City may require Contractor to: i. Furnish and pay for a surety bond, satisfactory to the City, guaranteeing performance of the indemnity obligation; or ii. Furnish a written acceptance of tender of defense and indemnity from Contractor's insurance company. Contractor will take the action required by the City within fifteen (15) days of receiving notice from the City. 10. Indemnification. Contractor will defend and indemnify City, its officers, agents, and employees and hold them harmless from and against all judgments, claims, damages, costs and expenses, including a reasonable amount as and for its attorney's fees paid, incurred or for which it may be liable resulting from any breach of this Agreement by Contractor, its agents, contractors and 251Page employees, or any negligent or intentional act or omission performed, taken or not performed or taken by Contractor, its agents, contractors and employees, relative to this Agreement. City will indemnify and hold Contractor harmless from and against any loss for injuries or damages arising out of the negligent acts of the City, its officers, agents or employees. 11. Warranty. The Contractor expressly warrants and guarantees to the City that all Work performed and all materials furnished shall be in accord with the Agreement and shall be free from defects in materials, workmanship, and operation which appear within a period of one year, or within such longer period as may be prescribed by law or in the terms of the Agreement, from the date of City's written acceptance of the Work. The City's rights under the Contractor's warranty are not the City's exclusive remedy. The City shall have all other remedies available under this Agreement, at law or in equity. Should any defects develop in the materials, workmanship or operation of the system within the specified period, upon notice from the City, the Contractor agrees, within ten (10) calendar days after receiving written notice and without expense to the City, to repair, replace and in general to perform all necessary corrective Work with regard to the defective or nonconforming Work or materials to the satisfaction of the City. THE FOREGOING SHALL NOT IN ANY MANNER LIMIT THE CITY'S REMEDY OR THE CONTRACTOR'S LIABILITY TO THOSE DEFECTS APPEARING WITHIN THE WARRANTY PERIOD. The Contractor agrees to perform the Work in a manner and at a time so as to minimize any damages sustained by the City and so as to not interfere with or in any way disrupt the operation of the City or the public. The corrective Work referred to above shall include without limitation, (a) the cost of removing the defective or nonconforming Work and materials from the site, (b) the cost of correcting all Work of other Contractors destroyed or damaged by defective or nonconforming Work and materials including the cost of removal of such damaged Work and materials form the site, and (c) the cost of correcting all damages to Work of other Contractors caused by the removal of the defective or nonconforming Work or materials. The Contractor shall post bonds to secure the warranties. 12. Termination. a. This Agreement may be terminated at any time by either party for breach or non-performance of any provision of this Agreement in accordance with the following. The party ("notifying party") who desires to terminate this Agreement for breach or non-performance of the other party ("notified party") shall give the notified party notice in writing of the notifying party's desire to terminate this Agreement describing the breach or non-performance of this Agreement entitling it to do so. The notified parry shall have five (5) days from the date of such notice to cure the breach or non- performance. Upon failure of the notified party to do so, this Agreement shall automatically terminate. b. Upon the termination of this Agreement, whether by expiration of the original or any extended term or terms hereof, or for any other reason, Contractor shall have the right, within a reasonable time after such termination to remove from City's premises any and all of Contractor's equipment and other property. Except for liability resulting from acts or omissions of a party, arising, taken or omitted prior to such termination, the rights and obligations of each party resulting from this Agreement shall cease upon such termination. Any prior liability of a party shall survive termination of this Agreement. c. In the event of dissolution, termination of existence, insolvency, appointment of a receiver, assignment for the benefit of creditors, or the commencement of any proceeding under any bankruptcy or insolvency law, or the service of any warrant, attachment, levy or similar process involving Contractor, City may, at its option in addition to any other remedy to which City may be entitled, immediately terminate this Agreement by notice to Contractor, in which event, this Agreement shall terminate on the notice becoming effective. 13. Independent Contractor. Contractor is an independent contractor engaged by City to perform the services described herein and as such (i) shall employ such persons as it shall deem necessary and appropriate for the performance of its obligations pursuant to this Agreement, who shall be employees, and under the direction, of Contractor and in no respect employees of City, and (ii) shall have no authority to employ persons, or make purchases of equipment on behalf of City, or otherwise bind or obligate City. No statement herein shall be construed so as to find the Contractor an employee of the City. 14. Mediation. Each dispute, claim or controversy arising from or related to this agreement shall be subject to mediation as a condition precedent to initiating arbitration or legal or equitable actions by either party. Unless the parties agree otherwise, the mediation shall be in accordance with the Commercial Mediation Procedures of the American Arbitration Association then currently in effect. A request for mediation shall be filed in writing with the American Arbitration Association and the other party. No arbitration or legal or equitable action may be instituted for a period of 90 days from the filing of the request for mediation unless a longer period of time is provided by agreement of the parties. Cost of mediation shall be shared equally between the parties. Mediation shall be held in the City of Columbia Heights unless another location is mutually agreed upon by the parties. The parties shall memorialize any agreement resulting from the mediation in a mediated settlement agreement, which agreement shall be enforceable as a settlement in any court having jurisdiction thereof. GENERAL TERMS AND CONDITIONS 15. Assignment. Neither party shall assign this Agreement, nor any interest arising herein, without the written consent of the other party. 16. Compliance with Laws and Regulations. In providing services hereunder, the Contractor shall abide by statutes, ordinances, rules, and regulations pertaining to the provisions of services to be provided. Any violation of statutes, 261Page ordinances, rules and regulations pertaining to the services to be provided shall constitute a material breach of this Agreement and entitle the City to immediately terminate this Agreement. 17. Conflicts. No salaried officer or employee of the City and no member of the Council of the City shall have a financial interest, direct or indirect, in this Agreement. The violation of this provision renders the Agreement void. 18. Counterparts. This Agreement may be executed in multiple counterparts, each of which shall be considered an original. 19. Damages. In the event of a breach of this Agreement by the City, Contractor shall not be entitled to recover punitive, special or consequential damages or damages for loss of business. 20. Employees. Contractor agrees not to hire any employee or former employee of City and City agrees not to hire any employee or former employee of Contractor prior to termination of this Agreement and for one (1) year thereafter, without prior written consent of the former employer in each case. 21. Enforcement. The Contractor shall reimburse the City for all costs and expenses, including without limitation, attorneys' fees paid or incurred by the City in connection with the enforcement by the City during the term of this Agreement or thereafter of any of the rights or remedies of the City under this Agreement. 22. Entire Agreement, Construction, Application and Interpretation. This Agreement is in furtherance of the City's public purpose mission and shall be construed, interpreted, and applied pursuant to and in conformance with the City's public purpose mission. 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. 23. Governing Law. This Agreement shall be controlled by the laws of the State of Minnesota. 24. Non -Discrimination. During the performance of this Agreement, the Contractor shall not discriminate against any employee or applicants for employment because of race, color, creed, religion, national origin, sex, marital status, status with regard to public assistance, disability, sexual orientation or age. The Contractor shall post in places available to employees and applicants for employment, notices setting forth the provision of this non-discrimination clause and stating that all qualified applicants will receive consideration for employment. The Contractor shall incorporate the foregoing requirements of this paragraph in all of its subcontracts for program work, and will require all of its subcontractors for such work to incorporate such requirements in all subcontracts for program work. The Contractor further agrees to comply with all aspects of the Minnesota Human Rights Act, Minnesota Statutes 363.01, et. seq., Title VI of the Civil Rights Act of 1964, and the Americans with Disabilities Act of 1990. 25. Notice. Any notice required or permitted to be given by a party upon the other is given in accordance with this Agreement if it is directed to either party by delivering it personally to an officer of the party, or if mailed in a sealed wrapper by United States registered or certified mail, return receipt requested, postage prepaid, or if deposited cost paid with a nationally recognized, reputable overnight courier, properly addressed to the address listed on page 1 hereof. Notices shall be deemed effective on the earlier of the date of receipt or the date of mailing or deposit as aforesaid, provided, however, that if notice is given by mail or deposit, that the time for response to any notice by the other party shall commence to run one business day after any such mailing or deposit. A party may change its address for the service of notice by giving written notice of such change to the other party, in any manner above specified, 10 days prior to the effective date of such change. 26. Rights and Remedies. The duties and obligations imposed by this Agreement 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. 27. Services Not Provided For. No claim for services furnished by the Contractor not specifically provided for herein shall be honored by the City. 28. Severability. The provisions of this Agreement are severable. If any portion hereof is, for any reason, held by a court of competent jurisdiction to be contrary to law, such decision shall not affect the remaining provisions of this Agreement. 29. Statutory Provisions. a. Audit Disclosure. The books, records, documents and accounting procedures and practices of the Contractor or other parties relevant to this Agreement are subject to examination by the City and either the Legislative Auditor or the State Auditor for a period of six (6) years after the effective date of this Agreement. b. Data Practices. Any reports, information, or data in any form given to, or prepared or assembled by the Contractor under this Agreement which the City requests to be kept confidential, shall not be made available to any individual or organization without the City's prior written approval. This Agreement is subject to the Minnesota Government Data Practice Act, Minnesota Statutes Chapter 13 (Data Practices Act). All government data, as defined in the Data Practices Act Section 13.02, Subd 7, which is created, collected, received, stored, used, maintained, or disseminated by Contractor in performing any of the functions of the City during performance of this Agreement is subject to the requirements of the Data Practice Act and Contractor shall comply with those requirements as if it were a government entity. All subcontracts entered into by Contractor in relation to this Agreement shall contain similar Data Practices Act compliance language. 30. 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. Executed as of the day and year first written above. 271Page