ITEM 3.4 Installation of fencing at dog parkot
NNESOTA
DEPARTMENT INFORMATION
Request for
City Council Action
ORGINATING DEPARTMENT:
REQUESTOR:
MEETING DATE:
Parks and Recreation
Ross Demant, Parks and
March 9th, 2015
No
Recreation Manager
During the 2015 Capital Improvement Project discussion moving forward with a dog park was discussed.
PRESENTER(s)
REVIEWED BY:
ITEM #:
Consent Agenda
shelter the vegetation provides. The area where the proposed dog park will be also serves as the
3.4
AGENDA ITEM DETAILS
RECOMMENDATION:
Staff recommends the approval of the quote from Bocephus Contracting in the amount of $10,700 for
the installation of fencing for a dog park at Prairie Park.
ARE YOU SEEKING APPROVAL OF A CONTRACT?
IS A PUBLIC HEARING REQUIRED?
No
No
BACKGROUND/JUSTIFICATION:
During the 2015 Capital Improvement Project discussion moving forward with a dog park was discussed.
This project has been brought up many times in the past during CIP discussions and has also been a
resident request at the Parks and Recreation Commission meetings as well.
In 2014, the Parks and Recreation revised the Prairie Park Master Plan to include a dog park southwest
of Prairie Center. This location was chosen due to its proximity to the Prairie Center parking lot and the
shelter the vegetation provides. The area where the proposed dog park will be also serves as the
petting zoo during the Otsego Prairie Festival, which it will continue to do inside the dog park.
The proposed dog park will be 100x200 with two pedestrian gates, and a service gate for mowers and
will be 4 foot black vinyl coated. There will also be amenities that could include a water fountain, doggie
pot bags, and seating areas.
SUPPORTING DOCUMENTS: X ATTACHED ❑ NONE
A. Quote & Contract from Bocephus Contracting
B. Surface Pro Services Contract
MOTION: (Please word motion as you would like it to appear in the minutes.)
Motion to approve the quote from Bocephus Contracting in the amount of $10,700 the installation of
fencing at Prairie Park for the purpose of a dog park. Capital Improvement Project # P&R-PP15-001.
BUDGET INFORMATION
FUNDING: BUDGETED: X YES
205 Park Capital Equipment Fund
NO
ACTION TAKEN
❑ APPROVED AS REQUESTED ❑ DENIED ❑ TABLED ❑ OTHER (List changes)
COMMENTS:
Bocephus Contracting LLC
5170 Kahl Ave NE
Albertville, MN 55301
Phone # 612-325-5084
Fax # 763-497-9014
Name / Address
Ross Demant
13400 90th St NE
Otsego, MN 55330
mike_allbee@yahoo.com
www.bocephusfence.com
Description
Install 600 linear feet of 4' High Black Chain link Fence.
Includes 1- 10' Double drive gate and two 4' walk gates.
Concrete every post.
City of Otsego will stake out where fence is located. Must
have running water within 100 feet of fence location for mi.
concrete.
Thank you for the opportunity
Date
Estimate #
3/4/2015
160
Project
Qty Rate Total
10,700.00
10,700.00
;ing
-I
Total
-
$10,700.00
CITY OF OTSEGO SERVICES CONTRACT
AGREEMENT, made this 9th day of March, 2015, between the CITY OF OTSEGO, a
political subdivision ("CITY") and Bocephus Contracting ("CONTRACTOR");
RECITALS
CITY has awarded to CONTRACTOR the job described below,
Description of Project:
Perform 2015 herbicide application services for the City of Otsego properties in the amount
of $7,808.03.
1. Contract Performance. CONTRACTOR shall complete performance of the
PROJECT in accordance with the Bocephus Contracting quote dated March 4rd, 2015.
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 Timelompletion. 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. 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, 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:
Bocephus Contracting
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
ISM
Mayor
City Clerk
CONTRACTOR
Its