ITEM 3.5 Weed Controlot
NNESOTA
DEPARTMENT INFORMATION
Request for
City Council Action
ORGINATING DEPARTMENT:
REQUESTOR:
MEETING DATE:
Parks and Recreation
Ross Demant, Parks and
May 12, 2014
Recreation Manager
PRESENTER(s)
REVIEWED BY:
ITEM #:
Consent Agenda
Lori Johnson, City Administrator
3.5
AGENDA ITEM DETAILS
RECOMMENDATION:
Staff recommends the approval of the quote from Midwest Landscapes in the amount of $8,664.78 for
broadleaf weed control to miscellaneous park and utilitv properties throughout the Citv.
ARE YOU SEEKING APPROVAL OF A CONTRACT? IS A PUBLIC HEARING REQUIRED?
No No
BACKGROUND/JUSTIFICATION:
In January 2014, Staff was informed by the City's lawn care contractor that they would no longer be able
to provide chemical application services. Since that time, Staff has been working with other local
contractors to provide quotes for herbicide applications on miscellaneous City properties.
Midwest Landscapes of Otsego provided the City with the lowest and most complete quote at $8,664.78
with the water treatment properties quoted at $1,436.54 and park properties quoted at $7,228.24. If
the contract is approved, the application which is a post -emergent broadleaf control and needs to be
applied after broadleaf plants have begun to flower will be completed in May.
The following are the areas that Staff is recommending be included in the 2014 broadleaf control
application. The non -irrigated areas were chosen according to their proximity to residential properties,
frequency of mowing, and their visibility. Boulevards were taken off the herbicide list for this year due
to the frequency in which they are mowed. All irrigated areas were chosen with the exception of the
new soccer fields at Prairie Park. With the establishment of the new turf at the soccer fields a spot spray
method may be used if needed to control weeds. The minor adjustment in locations of the applications
and a change in vendors have created a cost savings of $3,078.76 over last year's broadleaf application
quoted amount.
• School Knoll Park
• Lily Pond Park
• Kittredge Crossing Park
• Beaudry Meadows Park
• Carrick's Waterfront Park
• Zimmer Farm Park
• Prairie Park
• Frankfort Park
• Pump House #3
• West Treatment Plant
• Lift Station #1
• East Treatment Plant
• Pump House #4
SUPPORTING DOCUMENTS: X ATTACHED ❑ NONE
A. Quote & Contract from Midwest Landscapes
B. Midwest Landscape Services Contract
MOTION: (Please word motion as you would like it to appear in the minutes.)
Motion to approve the quote from Midwest Landscapes for $8,664.78 to provide broadleaf weed
control at miscellaneous City properties.
BUDGET INFORMATION
FUNDING: BUDGETED: X YES
101-45200-390
ace
ACTION TAKEN
❑ APPROVED AS REQUESTED ❑ DENIED ❑ TABLED ❑ OTHER (List changes)
COMMENTS:
CITY OF OTSEGO SERVICES CONTRACT
AGREEMENT, made this 12th day of May, 2014, between the CITY OF OTSEGO, a
political subdivision ("CITY") and Midwest Landscapes ("CONTRACTOR");
RECITALS
CITY has awarded to CONTRACTOR the job described below,
Description of Project:
Perform 2014 herbicide application services for the City of Otsego properties in the amount
of $8,664.78.
1. Contract Performance. CONTRACTOR shall complete performance of the
PROJECT in accordance with the Midwest Landscape proposal dated May 7th, 2014.
2. Compliance with Applicable Regulations. CONTRACTOR shall, pursuant to
performance, comply with all applicable rules, regulations, statutes or ordinances of any
other unit or agency of government, including but not limited to those relating to non-
discrimination in hiring or labor practices, payment of all required withholding taxes,
workers' compensation and unemployment compensation insurance, liability insurance,
OSHA or other safety rules and regulations, construction practices, environmental practices,
wetland protection measures, vehicular safety and/or weight restrictions, refuse disposal
practices, and notices to employees, whether or not such rules, regulations, statutes or
ordinances are set forth or adopted by reference in the Submission Requirements herein.
Pursuant to Laws of Minnesota 1995, Chapter 31, if CONTRACTOR shall fail to pay any
subcontractor hired by CONTRACTOR under this project within 10 days after
CONTRACTOR receives payment from CITY for work for which CONTRACTOR is
liable to any subcontractor, CONTRACTOR shall be liable to the subcontractor for interest
on the unpaid balance, at the rate of 1.5 per cent per month. Any subcontractor aggrieved by
CONTRACTOR'S failure to remit payment to the subcontractor shall, for the purpose of
enforcement, be considered a third -parry beneficiary of this contract. However, nothing in
this contract shall be deemed to impose upon CITY any duty to monitor, enforce or
otherwise become involved in payments from CONTRACTOR to any subcontractor.
3. Indemnification. CONTRACTOR shall indemnify and save harmless CITY from
any liability arising out of CONTRACTOR's failure to observe compliance with Paragraph
2 above, specifically including, without limitation, liability arising out of the improper
disposal or storage of any hazardous waste by CONTRACTOR or any entity hired or used
by CONTRACTOR for such disposal.
4. "Warranty of Workmanship, Products and Timely Completion. In addition to any
warranty which might be part of the Plans and Specifications/Proposal, CONTRACTOR
warrants that all work completed in connection with the PROJECT shall be done in a
workmanlike and timely manner and in accord with applicable industry standards and
that all chemicals and other products utilized by CONTRACTOR will be chosen for their
effectiveness for the purpose used. CONTRACTOR specifically warrants that all
chemical applications it makes will be effective in controlling weeds and unwanted
growth and promoting healthy lawn growth. Where materials are being furnished by
CONTRACTOR, CONTRACTOR warrants that all materials will be of good quality and
suited for the purpose for which they are intended."
5. Compliance with Statutory Requirements
A. Data Practices Compliance:
Contractor may have access to data collected or maintained by the City to the extent
necessary to perform Contractor's obligations under this contract. Contractor agrees
to maintain all data obtained from the City in the same manner as the City is
required under the Minnesota Goverment Data Practices Act, Minnesota Statutes
Chapter 13. Contractor will not release or disclose the contents of data classified as
not public to any person except at the written direction of the City. Contractor
agrees to defend and indemnify the City from any claim, liability, damage or loss
asserted against the City as a result of Contractor's failure to comply with the
requirement of the Act or this contract. Upon termination of this contract,
Contractor agrees to return data to the City, as requested by the City.
B. Worker's Compensation
Contractor shall, at the time of execution of this contract, furnish evidence
satisfactory to the City that Contractor maintains or is exempt from maintaining
Worker's Compensation coverage, pursuant to Minnesota Statutes Chapter 176.182.
C. Income Tax Withholding
Prior to the time of final payment of any amounts owing to Contractor under this
agreement, Contractor shall furnish a copy of Form IC -134, certified by the
Minnesota Department of Revenue, documenting that all withholding tax
requirements have been observed by Contractor.
D. Audit
Pursuant to Minnesota Statutes Chapter 16C.05 (subd. 5), the books and records of
Contractor which are relevant to the services being performed under this Contract
shall be subject to inspection in accord with said statute, for a period of six years
from the date of final payment hereunder.
4. Performance and Payment Security (Check One)
X Contractor is not required to post any performance and payment security as a
condition of this Contract by reason of the fact that the contract amount is for less than
$75,000.00, and City is not requiring performance security.
Contractor is required to post performance and payment security acceptable to the
City, even though the contract price is less than $75,000.00.
Contractor is required to post performance and payment security because the
contract price is more than $75,000.00.
Note: Regardless of which option above is checked, ifperformance and payment security is
required., the security shall meet that standards outlined in Minnesota Statutes Chapter
574.26.
5. Notices
Any notice which is or should be required to be given to CONTRACTOR shall be
sufficient if addressed as follows, and deposited, postage prepaid, in the regular
United States Mail. Notice shall be deemed to have been received on the third
business day following the postmark:
Superior Lawn
9859 Parrish Ave. NE
Otsego, MN 55330
6. Termination
Either party may terminate this agreement on 30 days written notice to the other.
7. Pa ent
City shall remit to Contractor the amounts billed for services assuming that
Contractor has fully complied with all of the terms of this agreement, completing
the project in a timely and compliant manner.
IN WITNESS WHEREOF, the parties have executed this Agreement the date above written.
CITY OF OTSEGO
IC
Mayor
City Clerk
CONTRACTOR
Its
Annual Grounds Maintenance Service Contract
A Full Service Landscape Management Company
City of Otsego
13400 901h St. NE.
Otsego, MN 55330
Between:
t
Midwest Landscapes, Inc.
& 6221 Oakwood Avenue NE
Otsego, MN 55330
(Contractor Herein)
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Lawn Care & Maintenance
Objective:
Midwest Landscapes will pro -actively communicate with the property manager on a periodic basis on the conditions relative to the well-
being of the grounds indicated in this service contract. The grounds are defined as those formal turf areas mapped for treatment of
broadleaf weeds. One spray a season will help with weed control but is not guaranteed in this agreement to rid the locations of all
weeds that fall within the property outlines. The following operations are included in the contract.
Turf Spray of Broadleaf Weed Control Only
The objective of the weed control treatment is to aid in the objective to control weed growth. Midwest Landscapes will work with the
manager to insure that the weed control program accomplish this single spray objective. Product selection and application will be done
in a manner to meet the objective and avoid any harmful effects. Applications will be done with the following specifications as a
guideline, but may vary due to weather implications.
• One application of post -emergent broadleaf control will be applied at the appropriate times.
• The cost of all herbicide shall be included in the contract price unless special requests are made by the property manager.
Responsibilities of the Client
The following activities are not part of the contract; however, contractor will help advice the client to reduce costs in these areas:
a) Any damage caused by protruding objects from paved areas, or from items not visible to the contractor at the time of
spray operation.
b) Damages to wood or paint on steps due to spray or drift from application.
Any work that needs to be completed outside the contract will be billed at time and material rates.
Quotation of site pricing structure
City of Otsego
1731148.77
$ 8,664.78
Zimmer
223285.00
$
781.50
Kittridge
104063.00
$
364.22
Beaudry
137194.00
$
480.18
Lily Pond
88786.00
$
310.75
School Park
74960.00
$
262.36
Frankfort Park
147468.77
$
516.14
Prairie Park
1091550.66
$ 3,820.43
Prairie Exhibit
34745.00
$
121.61
City Hall Exhibit
12158.00
$
42.55
West / Wastewater
241500.00
$
845.25
Waterfront east park
151000.00
$
528.50
East wastewater
124000.00
$
434.00
Pump house #3
9713.00
$
34.00
Lift Station #1
17941.00
$
62.79
Pump House # 4
17287.00
$
60.50
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Terms of Agreement
Date: May 7th, 2014
Customer Name: City of Otsego
Address: 13400 90th St NE. Otsego, MN 55330
Contact Name: Ross Demant
Terms and Payment:
The pricing of this Agreement is to the above Turf grass treatment application Specifications as provided. The term of this contract
shall be for a period of 6 months. The time performance of any portion of the obligations of Midwest Landscapes under this Agreement
shall be of the essence, subject only to delay caused by or contributed to by act of the client, it's agents or employees, labor disputes,
fire, unavoidable casualties, act of God, or action or non -action of public Utilities, or of Local, State, or Federal government affecting the
progress of said work.
The term of this Agreement begins 4/01/2014 and terminates on 9/30/2014. City of Otsego Shall pay Midwest landscapes 1 time full
payment of $8,664.78. All applicable taxes will be added at the time of invoicing.
Midwest Landscapes will be paid in full within 15 days of date of invoice. Payments not received within such 30 day period will be
charged a service charge of 3% per month. Any increase in taxes or other regulations that become effective during the term of this
Agreement shall be passed on.
Insurance:
Midwest Landscapes shall fully insure itself against any and all liability which it may have under the Worker's Compensation Law,
general liability and automobile liability coverage's. Midwest Landscapes shall fumish a Certificate of Insurance before the start date of
the Agreement.
Midwest Landscapes shall not be liable for any damages to property, personal injuries, or other liability arising outside of Midwest
Landscapes control including but not limited to, vandalism, flood, rain, fire, wind, heavy snow, freezing, strikes, lack of salt availability,
other natural causes, acts of God or acts of persons other than Midwest Landscapes employees and agents.
Termination:
Either party may terminate this agreement with cause by giving the other party written notice of intent to terminate with 30 days notice.
Midwest Landscapes reserves the right to terminate this agreement, without notice, should any invoice remain unpaid for more than 30
days after the due date on the invoice. After such termination, Midwest Landscapes shall have no further obligation to provide services
or perform the work described herein, provided however, that termination by Midwest Landscapes shall not affect any remedy or
remedies for payment or otherwise which Midwest Landscapes is legally entitled. The party shall pay all costs and expenses, including
reasonable attorney's fees, which shall be incurred or expanded by Midwest Landscapes to collect any sums due from the party and to
otherwise enforce the provisions of this Agreement. Upon cancellation, Midwest Landscapes shall adjust final billing to reflect unpaid
costs.
Agreement:
This Agreement and all amendments and exhibits hereto specifically signed and incorporated herein, constitute the entire Agreement
between the parties and supersede any and all other Agreements, either oral or in writing. By signing below, each party acknowledges
that they have read and understand this Agreement and that no representation, inducement, promise or agreement oral or otherwise,
has been made by any party, which is not embodied within. This Agreement shall be construed objectively in the light of its overall
purpose, which is to provide the services herein for compensation. Neither the source nor the authorship of this Agreement shall cause
any bias or presumption in the constitution or interpretation of this Agreement. Any changes to the terms or conditions of this
agreement are not binding unless in writing and signed by both parties hereto.
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Signature Pape:
Client: Contractor:
City of Otsego Midwest Landscapes
13400 90th St NE 6221 Oakwood Avenue NE
Otsego, MN 55330 Otsego, MN 55330
In witness thereof, the parties hereto have executed this Agreement the day and year first written above.
By:
Authorized Representative
Ross Demant
Parks and Recreation manager
City of Otsego
Zimmer
Kittridge
Beaudry
Lily Pond
School Park
Frankfort Park
Prairie Park
Prairie Exhibit
City Hall Exhibit
West / Wastewater
Waterfront east park
East wastewater
Pump house #3
Lift Station #1
Pump House # 4
by:
Eric Lint
Maintenance Division Manager
763-241-1320
Quotation of site pricing structure
1731148.77 $ 8,664.78
223285.00
104063.00
137194.00
88786.00
74960.00
147468.77
1091550.66
34745.00
12158.00
241500.00
151000.00
124000.00
9713.00
17941.00
17287.00
$ 781.50
$ 364.22
$ 480.18
$ 310.75
$ 262.36
$ 516.14
$ 3,820.43
$ 121.61
$ 42.55
$ 845.25
$ 528.50
$ 434.00
$ 34.00
$ 62.79
$ 60.50
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