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ITEM 3.8 Northwood Parkot� Y o MINNESOTA V DEPARTMENT INFORMATION Request for City Council Action ORIGINATING DEPARTMENT: REQUESTOR: MEETING DATE: Parks & Recreation Department Parks & Recreation Director September 26, 2016 Demant PRESENTER(s): Consent AGENDA ITEM DETAILS REVIEWED BY: City Administrator Johnson Finance Director Flaherty ITEM #: 3.8 RECOMMENDATION: Staff recommends approval of the quote from JT Construction for $3,992.00 for the installation of daylilies along the boulevard boarding Northwood Park along 72" d Street NE. ARE YOU SEEKING APPROVAL OF A CONTRACT? IS A PUBLIC HEARING REQUIRED? YES NO BACKGROUND/JUSTIFICATION: Construction of Northwood Park started the last week of April and is now nearly complete. Grass seed was planted approximately three weeks ago and is now one week away from having to be mowed for the first time. The shelter, playground, planned landscaping, basketball court and parking lot stripping have all been completed as well. Currently with the Council approved change orders, the budget for Northwood Park once everything is complete is projected to be $774,571.72 which is still well within the parameters of the 2016 CIP budgeted of $792,469. During the review of the area between the trail and 72°d Street NE which is approximately 525 feet and boarders the south end of the park, irrigation was removed due to the installation costs, future required maintenance, and the challenging conditions that exist for grass to grow with the road salt from the street and trail. Staff then developed a plan to include daylilies and mulch along that same area. Daylilies were chosen due to their ability to tolerate the harsh conditions that exist along the trail and their aesthetic qualities. Two companies were chosen to provide quotes for the installation of daylilies along 72"d street. JT Construction provided that lowest quote at $3,992. Parks and Recreation Staff will remove 4" of existing material prior to the daylily installation. SUPPORTING DOCUMENTS: X ATTACHED NONE • Quotes • Contract with JT Construction POSSIBLE MOTION Please word motion as you would like it to appear in the minutes. Motion to approve the quote from JT Construction for $3,992 for the installation of daylilies along the area between the trial and 72"d Street NE. BUDGET INFORMATION FUNDING: BUDGETED: ❑ YES 203-Park Development x NO Rnr� • • ICPI , Of Ux NNM INC. �:�S•A �� Hardscape Specialist Specializing in Landscape Construction Proposal Date: 08/28/16 Ross Demant City of Otsego — Parks Department 8899 Nashua Avenue NE Otsego, MN 55330 130 Stella D'Oro daylily #1 pot planted in 525' long boulevard along 72nd St NE at the Northwood Park including 38 C.Y of hardwood mulch, 4" deep: $3,992.00 17139 — 97"' Street S.E. Becker, MN 55308 Office: 763-262-1160 Far: 763-261-5991 www.JTconstructionNW.com jtconst@izoom.net TO Ross Demant 763,235.3148 QTY 201 24 j 10 1 LANDSCAPES Northwoods Park Otsego I MN August 15, 2016 DATE Change Order Request #2 SIZE DESCRIPTION ea #1 cont. Stella D'Oro Daylily (3' on center) $14.00 $2,814.00 CY Hardwood Mulch $76.00 $1,824.00 LF Vinyl Edging $2.30 $23.00 LS Minor Site Prep $190.00 $190.00 TOTAL; $4,851.00 NOTES: * Requested by Ross Demant * Bid assumes site will be weed free and ready to receive daylilies. All soil is excluded 1 year plant warranty will only replace plants that aren't affected by snow damage (snow plowing/blowing or salt damage) 6221 Oakwood Ave. NE * Otsego, NIN 55330 * 763-241-1320 ph 763-241-1340 fx 1 CITY OF OTSEGO SERVICES CONTRACT AGREEMENT, made this 26th day of September, 2016, between the CITY OF OTSEGO, a political subdivision ("CITY") and JT Construction ("CONTRACTOR"); RECITALS CITY has awarded to CONTRACTOR the job described below, Description of Project: Install daylilies along between the trail and 72nd Street NE which is the area that boarders the south side of Northwood Park for $3,992.00. 1. Contract Performance. CONTRACTOR shall complete performance of the PROJECT in accordance with the JT Construction proposal dated August 8", 2016. 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 -parry 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 PUMent Secp ty (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 m,hich 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: JT Construction 17139 97' Street SE Becker, MN 55308 6. Termination Either party may terminate this agreement on 30 days written notice to the other. 7. PUm 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 51 Its