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ITEM 3.4 Weed controlot NNESOTA DEPARTMENT INFORMATION Request for City Council Action ORGINATING DEPARTMENT: REQUESTOR: MEETING DATE: Parks and Recreation Ross Demant, Parks and March 23rd, 2015 No Recreation Manager For the 2015 herbicide application, City staff contacted three local vendors to request quotes for PRESENTER(s) REVIEWED BY: ITEM #: Consent Agenda Lori Johnson, City Administrator 3.4 AGENDA ITEM DETAILS RECOMMENDATION: Staff recommends the approval of the quote from Talberg Lawn and Landscape in the amount of $7,808.03 for broadleaf weed control to miscellaneous park and utility properties throughout the City. ARE YOU SEEKING APPROVAL OF A CONTRACT? IS A PUBLIC HEARING REQUIRED? No No BACKGROUND/JUSTIFICATION: For the 2015 herbicide application, City staff contacted three local vendors to request quotes for application of approximately 90 acres of City property. Talberg Lawn and Landscape of Maple Grove provided the City with the lowest quote of $7,808,03. The proposed properties are a combination of City Hall, Prairie Center, parks, and WWTF properties. All of the proposed properties are currently were the City maintains the turf either by irrigation and mowing, or by just mowing. The proposed application will be scheduled for early spring and will be scheduled around the more populated times at the parks. The City will require the contractor to adhere to all state laws, the specifications laid out in the MSDS labeling, and post the appropriate signage. SUPPORTING DOCUMENTS: X ATTACHED ❑ NONE A. Talberg Lawn and Landscape 2015 Quote B. Talberg Lawn and Landscape Services Contract MOTION: (Please word motion as you would like it to appear in the minutes.) Motion to approve the quote from Talberg Lawn and Landscape for $7808.03 to provide broadleaf weed control at miscellaneous City properties. BUDGET INFORMATION FUNDING: BUDGETED: X YES 101-45200-390 601-49450-390 NO ACTION TAKEN ❑ APPROVED AS REQUESTED ❑ DENIED ❑ TABLED ❑ OTHER (List changes) COMMENTS: Q § E TALBERG LAWN & LANDSCAPE, INC. 11770 JUSTEN CIRCLE • MAPLE GROVE, MN 55369 PHONE: (763) 428-3550 • FAX: (763) 428-3419 http://www.talberg,com 00002502 W' -JIM 03/04/2015 1-1,1 0 ROSS DEMANT •' TONY BRAND �BIILLIING CITY OF OTSEGO MULTIPLE SITES ADDRESS " 8899 NASHUA AVE NE ADDRESS SEE EXHIBIT'A' OTSEGO I MN 55330 OTSEGO, MN 55330 • 2015 • WRIGHT 1 Weed Control Post Emergent Broadleaf Weed Control Signature (Owner/Property Manager) P ' t Na a Owner/Property Manager / �Ld• ,�iC.1V Signature (ralberg n & Landscape, Inc. Representative) Date 3- 5-2ar5J Dale Estimate {► TALBERG LAWN & LANDSCAPE, INC. T 11770 JUSTEN CIRCLEMAPLE GROVE, MN 55369 PHONE: (763) 428-3550 • FAX: (763) 428-3419 A, , htt ://www.talber .com P g CONDITIONS Owner or Owner's Representative agrees to pay all invoices within thirty (30) days upon receipt of invoice. Any unpaid account balances will be subject to a 1.5% monthly service charge and any collection costs including reasonable attorney fees on services performed. On projects totaling more than $1,000.00, a lien waiver will be provided upon request, once full payment is received. Work will be scheduled and performed in a First Class manner. It is our goal to obtain the complete satisfaction of our clients. The completed landscape project will reflect one of true craftsmanship. One year parts and labor on manufacture defects. Any questions or concerns regarding the project will be answered promptly, Under Minnesota law, you have the right to pay persons who supplied labor and materials for this improvement directly and deduct this amount from our contract price, or withhold the amounts due from us until 120 days after completion of the improvement unless we give you a lien waiver signed by the persons who supplied any labor or material for the improvement and who gave you timely notice. Talberg Lawn & Landscape, Inc., as a contractor or subcontractor on this project, may file a lien against the property upon which the work is being done, if they are not paid for their contributions. Any changes to the work in this contract will be done by written change order only, All materials show on irrigation plan will be installed as per the plan. This proposal is a complete contractual agreement. In the event that this contract becomes an attachment to, or addendum of, any Owner's or Property Management Company's standard agreement, Talberg Lawn & Landscape, Inc, and their agents reserve the right to review, edit, or revise any unacceptable terms or language. W U W0 C, 7) CI- pN7-3w-1 01N- 101, Y O (Q CL is Co d U a o w ti b --t N C LL C U v) C i b= o b o c1 Y L o _o 0 0 0 0 3 m ,- 0 J J W v C) zLo aLo ZZ wg zoo Q'od, wm a mol a a C L U a� rn W CO N o�� U ce) z� O ci ^- � c w Q _ . W N p CL� U C') U r O c C\j J J acs oT Q Uo ALJ F- CITY OF OTSEGO SERVICES CONTRACT AGREEMENT, made this 9th day of March, 2015, between the CITY OF OTSEGO, a political subdivision ("CITY") and TALBERG'S LAWN AND LANDSCAPE ("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 Talberg Lawn and Landscape quote dated March P, 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 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 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: Talberg Lawn and Landscape 11770 Justen Circle Maple Grove, MN 55369 6. Termination Either party may terminate this agreement on 30 days written notice to the other. 7. Pa int 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 City Clerk CONTRACTOR Its