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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