ITEM 3.5 Tennis Courts resurfacingot
NNESOTA
DEPARTMENT INFORMATION
Request for
City Council Action
ORGINATING DEPARTMENT:
REQUESTOR:
MEETING DATE:
Parks and Recreation
Ross Demant, Parks and
August 25, 2014
No
Recreation Manager
At the May 14th, 2014 Administrative Sub -Committee meeting, the Committee reviewed Capital
PRESENTER(s)
REVIEWED BY:
ITEM #:
Consent Agenda
Lori Johnson, City Administrator
3.5
AGENDA ITEM DETAILS
RECOMMENDATION:
Staff recommends the approval of the quotes for the resurfacing of the Zimmer tennis court, and the
installation of drain tile around the tennis courts at Zimmer and Beaudry park.
ARE YOU SEEKING APPROVAL OF A CONTRACT?
IS A PUBLIC HEARING REQUIRED?
Yes
No
BACKGROUND/JUSTIFICATION:
At the May 14th, 2014 Administrative Sub -Committee meeting, the Committee reviewed Capital
Improvement Project # P&R-14-001 "Various Tennis Courts and Basketball Court Repairs." During this
review, Staff noted that drainage issues currently exist at the Beaudry Meadows and Zimmer Farms
tennis courts that may hinder any re -surfacing to properly adhere to the court surface. After the review,
the Committee recommended that Staff break the project into two phases; the first phase being
resurfacing of the Lily Pond and School Knoll tennis courts and crack repair at the School Knoll and
Prairie Park basketball courts. The second phase would include the courts with the drainage issues to
come back to the Administrative Sub -Committee for further review.
Staff have met with the City Engineer to review the current drainage around the courts and recommend
installing drain tile along the edges of the court where the water and dirt are infiltrating. This drain tile
will then catch the water and divert it to an area away from the court. Staff further recommends that
additional work be done to slope coming off of 77th St at Beaudry Meadow. This would prevent dirt
running onto the court surface which also is a concern.
The CIP amount for the court resurface project is $31,000; of that amount $14,354 was spent for the 1St
phase of the project. The Administrative Sub -Committee recommended installing drain tile at the
Zimmer and Beaudry tennis courts, and resurfacing the Zimmer tennis courts this year in order to stay
within the budget parameters for this project. The total amount for these projects will be $13,274.
The Administrative Sub -Committee also recommended to help with the dirt infiltration issue at Beaudry
to install the river rock that will be removed from Prairie Center as part of the Eagle Scout landscaping
project.
SUPPORTING DOCUMENTS: X ATTACHED ❑ NONE
A. Quote from Midwest Landscapes Ellingson Companies
B. Ellingson Companies Services Contract
C. Quote from Surface Pro
D. Surface Pro Services Contract
MOTION: (Please word motion as you would like it to appear in the minutes.)
Motion to approve the quote from Ellingson Companies for drain tile installation at Beaudry Meadows
and Zimmer Farm Park and the quote from Surface Pro for the tennis court resurface at Zimmer Farm
Pa rk.
BUDGET INFORMATION
FUNDING: BUDGETED: X YES
414 Revolving Capital Equipment
NO
ACTION TAKEN
❑ APPROVED AS REQUESTED ❑ DENIED ❑ TABLED ❑ OTHER (List changes)
COMMENTS:
Ellingson Companies inc
(763)218-4252
ellingsoncompaniesinc@aol.c
om
ADDRESS
City Of Otsego
13400 90th Street NE
Otsego, Minnesota 55330
ACTIVITY AMOUNT
Service 5,150.00
Zimmer Park
Installation of a 150' drainage trench around tennis court ran with 4 inch perforated
tile filled with 3/4 inch drainage rock ran 135' feet to pop up emitter next to curb edge.
Move 3 irri ation heads off side of court to other side of trench.
Service 4,210.00
Beaudry Park
Installation of 175' drainage trench around tennis court ran in perforated tile filled
with 3/4 inch drainage rock with 90' of non perforated tile to edge of drainage pond.
Finished with inch of sand, black dirt and seed.
Service 415.00
Beaudry Park
Install black dirt on hill side to fill wash out and grade it. Lay fescue grass seed and
install straw erosion fabric to stop further wash out.
Accepted By Accepted Date
CITY OF OTSEGO SERVICES CONTRACT
AGREEMENT, made this 25th day of August, 2014, between the CITY OF OTSEGO, a
political subdivision ("CITY") and Ellingson Companies ("CONTRACTOR");
RECITALS
CITY has awarded to CONTRACTOR the job described below,
Description of Project:
Preform drain tile installation at Zimmer Farm Park and Beaudry Meadows park for the City
of Otsego in the amount of $9,360.
1. Contract Performance. CONTRACTOR shall complete performance of the
PROJECT in accordance with the Ellinson Companies proposal dated July 27, 2014 minus
the installation of black dirt.
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 -party 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."
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 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 N,hich 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:
Ellingson Companies Inc.
19417 Norfolk St. NW.
Elk River, 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
ED
Mayor
City Clerk
CONTRACTOR
Its
PROPOSAL
R FA- E R 0,
We have you covered
3731 Thurston Ave
Suite 101
Anoka Mn 55303
612-245-0750
www.surfacepromn.com
Proposal
Date: 8/06/2014
Proposal Submitted To:
City of Otsego
RossDemant
RDEMANT c&CI.OTSEGO.MN.US
We hereby bid to complete the following projects:
Beaudry Meadows Park (2 Tennis Courts)
11375 - 77th Street NE
Paint is very thin and chipping and peeling
Should be resurfaced right away
bid to include:
Resurface 2 asphalt tennis courts including the following:
• Power clean and power wash the entire area to be surfaced
• Repair surface cracks
• Sand all necessary areas
• Apply one coat of black acrylic court resurfacer.
• Apply two coats of acrylic tennis court paint with sand.
Paint 2" white U.S.T.A lines.
Chosen color of 1 court is light green and dark green — recommend going to one color dark green for
more cost effective maintenance for all courts
Total for resurfacing 2 tennis court, price includes all materials and labor: $7,828.00
Zimmer Park
6485 Mason Avenue NE 1 Tennis Court one basketball.
Tennis court is pulling up on west site, court is filthy needs surfacing now.
Basketball court should be surfaced but will be okay for a year
• Power clean and power wash the entire area
• Repair surface cracks
• Apply one coat of black acrylic court resurfacer.
• Apply two coats of acrylic tennis court paint with sand.
Repaint Paint 2" white U.S.T.A lines.
Color dark green
Total for resurfacing 1 Tennis court, price includes all materials and labor $3,914.00
Total for resurfacing 1 basketball courts , price includes all materials and labor $3,708.00
Payment information
Payment of 50% at start project (To be received by Surface Pro LLC before starting project)
Final payment of 50% upon completion.
Warranty and Notes:
1. Crack -filling does not imply crack elimination. Hairline cracks will reappear. This is normal, it is called
reflection.
2. Surface Pro LLC is Not responsible for existing grades and drainage or compacting existing base.
3. Cracks if not patched will continue to expand over a period of time and conventional repair methods may
become unavailable.
4. Surface Pro LLC is not responsible for cracks returning after repair.
5. A monthly finance charge of 2% will be added to any payments past due.
*This estimate is based solely on the contractor's observations at the time of entering into this contract. If
additional concealed conditions are discovered once the work has commenced, which were not visible at the
time of entering into this contract, Contractor will identify the unforeseen conditions and notify the Customer
of any additional costs, if any.
*Customer agrees to pay for all unexpected or unanticipated extra costs, including but not limited to, soil
corrections, protection of the project from weather conditions and all other similar costs. Customer will be
responsible for all additional costs and time for work due to concealed conditions. Such conditions may also
extend the time for completion of the work under this contract.
*Estimate does not include any allowance for hazardous waste removal. All hazardous waste removal will be
treated as an unforeseen condition.
*The construction site will be a dangerous area. Customer waives all claims against builder for injuries or
damages that customer or any member of customers family, friends, or guests may suffer while on or around
the property during construction due to these and other hazards.
*All unforeseen conditions will be treated on a time and materials basis at the rate of $60.00/ hour plus
materials.
- We will remove all waste generated from our work.
- Contractor is not responsible for pets not properly restrained leaving the property.
-Direct contact with your job supervisor will be available to you at all times should you
have any questions or concerns.
All material is guaranteed to be as specified, and the above work to be performed in a
substantial workmanlike manner with payments made as follows.
Pre -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 supplied 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 supplied any labor or material for the improvement and who gave you
timely notice.
Respectfully submitted
Mike Langmade
This proposal may be withdrawn by us if not accepted within 30 days. Any alteration or
deviation from above specifications involving extra costs will be executed only upon
written order (minimum change order cost is $100.00), and will become an extra charge
over and above the proposal price. All agreements are contingent upon accidents, or
delays beyond our control.
Acceptance of Proposal
The above prices, specifications and conditions are satisfactory and are hereby accepted.
You are authorized to do the work as specified. Payments will be made as outlined
above.
Signature Date
CITY OF OTSEGO SERVICES CONTRACT
AGREEMENT, made this 25th day of August, 2014, between the CITY OF OTSEGO, a
political subdivision ("CITY") and Surface Pro ("CONTRACTOR");
RECITALS'
CITY has awarded to CONTRACTOR the job described below,
Description of Project:
Preform court resurfacing service at Zimmer Farm Park for the City of Otsego in the amount
of $3,914.
L Contract Performance. CONTRACTOR shall complete performance of the
PROJECT in accordance with the Surface Pro proposal dated August 6, 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
CONTRACTORS failure to remit payment to the subcontractor shall, for the purpose of
enforcement, be considered a third -party 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.
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 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 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, if performance 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:
Surface Pro
3731 Thurston Ave.
Suite 101
Anoka MN, 55303
6. Termination
Either party 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
Mayor
CONTRACTOR
LM
Its
City Clerk