ITEM 3.4 Weed controlot
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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:
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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
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11770 JUSTEN CIRCLEMAPLE GROVE, MN 55369
PHONE: (763) 428-3550 • FAX: (763) 428-3419
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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.
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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