ITEM 3.9 Wood Chip installationDEPARTMENT INFORMATION
Request for
City Council Action
ORGINATING DEPARTMENT:
REQUESTOR:
MEETING DATE:
Parks and Recreation
Ross Demant, Parks and Recreation Manager
May 27, 2014
PRESENTER(s):
REVIEWED BY:
ITEM #:
Consent Agenda
Lori Johnson, City Administrator
3.9
AGENDA ITEM DETAILS
RECOMMENDATION:
Staff recommends the approval of additional funding for the delivery and installation of playground
wood chips in the amount of $5,845.70. Staff is also recommending contracting with Windscapes/
Windco Landscapes for the installation of the playground woodchips in the amount of $15,845.70.
ARE YOU SEEKING APPROVAL OF A CONTRACT?
IS A PUBLIC HEARING REQUIRED?
No
No
BACKGROUND/JUSTIFICATION:
During the 2014 budget planning process, Staff worked with a contractor to estimate the amount of
playground woodchips that would be needed to maintain the recommended levels that were achieved
in 2013 throughout the park system. This estimate was made by factoring in the amount of woodchips
that were installed and the amount of use at each park during the 2013 season. A budget amount of
$10,000 was detailed in the Park budget for the installation of wood chips using this estimate.
Since that time, Staff has worked with contractors to measure the wood chip levels in the play
containers. It was discovered that due to the heavy use of the playgrounds and the amount of wood
chips that needed to be installed in 2013 an additional amount of $5,845.70 would be needed in order
to bring all the play containers to recommended levels.
Staff is again recommending working with Windscapes/ Windco Landscapes for the installation of the
playground woodchips. Windscapes/ Windco Landscapes are able to use a blower to install the chips
which minimizes equipment and staffing needed to perform this work.
Once these levels are achieved in 2014, Staff estimates an annual maintenance cost of around $4,000
per year to maintain sufficient levels starting in 2015.
The increase in funding and contracting with Windscapes/ Windco Landscapes were discussed at the
Administrative Sub -Committee meeting on May 14, 2014. At that meeting, the Committee
recommended both for Council approval.
SUPPORTING DOCUMENTS: X ATTACHED ❑ NONE
A. Quote and Contract from Windscapes
B. Windscape Service Contract
MOTION: (Please word motion as you would like it to appear in the minutes.)
Motion to approve $5,845.70 of additional funding for the installation of playground wood chips, and to
contract with Windscapes/ Windco Landscapes for the installation of the playground woodchips in the
amount of $15,845.70.
BUDGET INFORMATION
FUNDING: BUDGETED: X YES
NO
Park Maintenance Budget # 101-45200-210
From Council Contingency
ACTION TAKEN
❑ APPROVED AS REQUESTED ❑ DENIED ❑ TABLED ❑ OTHER (List changes)
COMMENTS:
PROPOSALa�.4 1870 50th Street East, Ste 1
Inver Grove Heights, MN 55077
(651)455-3993 Fax(651) 455-2998
Website: www.mulchtruck.com
Our Guarantee:
All material is guaranteed to be as specified. All work to be completed in a workmanlike manner according to standard
practices. Any alteration or deviation from above specifications involving extra costs will be executed only upon
written orders, and will become an extra charge over and above the estimate. All agreements contingent upon strikes,
accidents or delays beyond our control.
Due to the need of colorant in the dyed mulch, which requires a cure time of 8-10 hours after installation, we can not
install the product if rain is in the forecast to insure that the product color will not fade or wash away.
Any seeding project not paid within 14 days of completion will void any touchup or warranty work and allows Windscapes
the right to withhold any future services or warranty work. If payment has been made according to schedule and client
agrees to perform maintenance of new seed as described in the instructions, Windscapes will warranty any seeding work
completed for the client.
NO RETAINER HELD IN LIEU OF GUARANTEE
This proposal may be withdrawn by us if not accepted within 30 days.
Windscapes: Chuck Joswiak Date: 5/22/2014
MECHANICS LIEN NOTICE
A) ANY PERSON OR COMPANY SUPPLYING LABOR OR MATERIALS FOR THIS IMPROVEMENT TO YOUR
PROPERTY MAY FILE A LIEN AGAINST YOUR PROPERTY IF THAT PERSON OR COMPANY IS NOT PAID FOR THE
CONTRIBUTIONS.
B) UNDER MINNESOTA LAW, YOU HAVE THE RIGHT TO PAY PERSONS WHO SUPPLIES LABOR OR MATERIALS
FOR THIS IMPROVEMENT DIRECTLY AND DEDUCT THIS AMOUNT FROM OUR CONTRACT PRICE, OR WITHHOLD
THE AMOUNTS DUE THEM FROM US UNTIL 120 DAYS AFTER COMPLETION OF THE IMPROVEMENT UNLESS WE
GIVE YOU A LIEN WAIVER SIGNED BY PERSONS WHO SUPPLIES ANY LABOR OR MATERIAL FOR THE
IMPROVEMENT AND WHO GAVE YOU TIMELY NOTICE.
In the event it is necessary for Windscapes to collect any outstanding balance owed, you hereby agree to pay
Windscapes costs of collections, including but not limited to its reasonable attorneys' fees.
Acce tance of Proposal:
We propose to furnish material and labor- complete in accordance with above specifications and for the above listed sum.
The above prices, specifications and conditions are satisfactory and hereby accepted. You are authorized to do
the work as specified. Please sign and send back this proposal to get on our schedule.
Terms: Due upon completion of the job. Total Bid: $15,845.70
Customer Signature:
Our workers are fully covered by Workman's Compensation Insurance.
CONTACT INFORMATION
PLEASE PRINT:
Email Address: rdemant@ci.otsego.mn.us
Day Time Phone # 763-238-5744 Cell Phone #
Please check the box if you would like to have your invoice emailed to you at the above listed address
Date:
CITY OF OTSEGO SERVICES CONTRACT
AGREEMENT, made this 27th day of May, 2014, between the CITY OF OTSEGO, a
political subdivision ("CITY") and Windscapes/ Windco Landscaping
("CONTRACTOR");
RECITALS
CITY has awarded to CONTRACTOR the job described below,
Description of Project:
Perform installation of certified playground woodchips at various City of Otsego properties
in the amount of $15,845.70.
1. Contract Performance. CONTRACTOR shall complete performance of the
PROJECT in accordance with the Windscapes/ Windco proposal dated May 22`x', 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 fiom 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 products applied meet American Society for Testing and Materials standards . 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 Government 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 Withholdin
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:
Windscapes/ Windco Landscapes
1848 50t' St. E. #104
InverGrove Heights MN 55077
6. Termination
Either parry may terminate this agreement on 30 days written notice to the other.
7. Payment
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
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LIMA
Mayor
City Clerk
CONTRACTOR
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