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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) r_rnne n i,... a n........ nir n4,.--- N AI croon - -7r_o nee Bonn 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 nnn4 n..i,...,...a n,...... nim r%.---- nervi croon — 7e13 rIAa 40nf) 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. enn4 i.... a n.......... nie f'%t--_- KAKI croon - -7013 nA4 Bonn 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 a...,,..,,... --- - cnn4 n i.... a n..--..- nir nr..--- neni =30r) - 700 I)ee 4O/Vl