ITEM 4.13 Funding for woodchipsfTY 0
Ot e 0
FIESTA
DEPARTMENT fT INF MATIN
Request for
City Council Action
ORGINATING DEPARTMENT:
I J
RE( VEST I :
MEETING DATE:
arks and Recreation
Ross D m nt, Parks and Recreation Manager
May 1 , 2013
PRE EI TEI ():
REVIEWED BY.
ITEM
Consent Agenda
Lori Jo h non, City Administrator
4.13
AGENDA ITEM DETAILS
RECOMMENDATION:
City staff recomrnends the approval of additional funding for the delivery and installation of playground
good chips.
ARE YOU SEEKING APPROVAL OF A CONTRACT? IS A PUBLIC HEARING REQUIRED?
No I No
DS Of OUNDIJU TII"iC TI N:
As the playgrounds age preventative maintenance becomes increasingly important. One of the
general maintenance items that should be addressed annually is the maintenance of the wood
chips inside the play containers.
Although there are no specifications i regards to playground wood chips in relation to cur
levels, it is left to professional judgment to determine if the curbing is in fact a tripping hazard or
not, The curbing is actually considered to be outside the playground and that is why the
regulations governing playground safety do not address curb height. Most manufactures try to
keep a 2" lip around the exterior of the playground to contain the wood chips and eliminate the
tripping hazard. There are several play containers that fail fay below that 2" standard and City
staff is recommending the levels be brought up to within 2" of the curb line throughout the park
system this year.
Last year, City staff and volunteer -or Choi t Church of Otsego installed over 360 cubic yards
of woods chips at Zimmer Park, , Kittredge Park, and Prairie Park. City staff spent approximately
1 hours and the volunteers fi-om Christ Lutheran Church spent close to 300 hours in an effort to
bring the level of certified wood chips within 2" of the curbing.
City staff, through assessment of the playgrounds this year, again noted the tripping hazard
caused by lower than normal levels of certified playground good chips in more than one
playground. Currently there is budgeted $6,000 for certified playground woodchips which
would be about 270 cubic yards of wood chips, and estimated labor cast of $1300 with volunteer
help and an estimated cost of $5,200 with no volunteer help. with the current budget of $6,000
only three of the six deficient parrs can be addressed and brought within excepted levels.
City staff estimates that 625 cubic yards of wood chips is need to bring the play grounds within
excepted levels. In order for City staff and volunteers to spread 625 cubic yards of mulch it
would take approximately 162 staff hours and 600 volunteer hours whichrequires waiting until
June when a majority of the volunteers are available. In considering the potential tripping hazard
and the considerable amount of staff and volunteers required to install the good chips, City staff
is recommending that the City contract with Wi dseap s for $20,406.25 for the purchase and
installation of 625 cubic yards of certified wood chips in all of the deficient parks. City staff i
also recommending that the unfunded balance of $14,406.25 be transferred from fund #205 Park
Capital Equipment Fund to the Park Maintenance Budget # 10 1 ^45200-2 1 .
The Administrative Sub -Committee reviewed Windscapes proposal at their May 8th, 2013
meeting and recommended putting onto the City Council's Consent Agenda for consideration at
their May 131", 2013 meeting.
SUPPORTING TIN DOCUMENTS- 11 ATTACHED X NONE
MOTION: (Please word motion as you would like it to appear in the minutes.)
Motion to eater into a contract with ind ape to deliver and install 625 cubic yards of playground
wood chips to fire play areas within the City of Otsego and to transfer $14,406.25 from Fund #205 to the
Park Maintenance Budget #101-45200-210 to cover the unfunded amount.
BUDGET INFORMATION
FUNDING: I BUDGETED: YE
Park Capita[ Improvement Fund # 205 � x No
Park Maintenance Budget # 101-45200-210
ACTION TAKEN
PROPOSAL °1848 50th Street East, Ste 10
{}° Inver Grove heights, MN65077
(651)455-3993 1~ a651 455-2998
Website: www.mulchtruck.com
City of Otsego
13400 90th Street NE
Otsego, MN 55330
Doss Demant
763 -238 -574 -
Playground mulch installation
Play areas around the city
rdemant(@.ci.otseao..mn.us
4130/2013
City Units Type Price
025 Cubic Yds Clean certified playground chips delivered and Installed to five $20,406.25
play areas around the city of Otsego..
Based on us delivering 5 - 110 cubic yard loads and bringing
5 cubic yards up on our blower trucks.
TOTAL BID $20,406.25
Copy of our current insurance is included. If changes are needed additional costs may apply.
Certification of product will be provided upon contract approval.
Price based on doing all of the work and if it Is broken up we will need to re -price project.
Price includes all delivery, installation and certified chips to complete the project as required.
sample of the chips will be provided so that you can see they are better quality than other suppliers.
Pricing includes a discount for you providing half down to secure a spot and so we can pay a discount rate on
certified chips to the manufacturer. (We receive a discount if we pay therm within 10 days of shipment)
wind capes does not dump product at any of the sites. All product contained in the trucks.
Windscap s needs 2 long days to complete all work as required, and will provide two trucks for the work.
City of Otsego will provide a large front end loader capable of reaching over a 11'6" truck box to load.
City of Otsego will also provide access to a staging area at the maintenance facility, preferably with a
wall to push product up, during the installation period and one day prior to ship in product to work.
Product Install will shoot for late spring/early summer installation.
Price of quote based on terms below, and may have to be adjusted if this is not how the district pays.
If Otsego wishes to purch ce product from another vendor, we will charge $215 per truck/Hr to install chips.
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All material is guaranteed to be as specified. All work to be completed in a workmanlike manner according to standard
practices. Any alteration or deviation from above specifications involving extra costs will be executed only upon
written orders, and will become an extra charge over and above the estimate. All agreements contingent upon strikes,
accidents or delays beyond our control
Due to the need of colorant in the dyed mulch, which requires a cure time of 8-10 hours after installation, we can not
install the product if rain is in the forecast to insure that the product color gill not fade or wash away*
Any seeding project not paid within 14 days of completion will void any touchup or warranty work and allows Windsoapes
the right to withhold any future services or warranty work. If payment has been made according to schedule and client
agrees to perform maintenance of new seed as described in the instructions, Wind apes will warranty any seeding work
completed for the client.
NO RETAINERHELD IN LIEU OF GUARANTEE
This proposal may be withdrawn by us if not accepted within 30 days.
Wind a : Chuck Joswiak Date: 4130120
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 1S NOT PAID FOR THE
CONTRIBUTIONS.
B UNDER MINNESOTA LAW, YOU HAVE THE RIGHT To PAY PERSONS WHO SUPPLIES LABOR OR MATERIAL
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 SUPPLIES ANY LABOR OR MATERIAL FOR THE
IMPROVEMENT AND WHO GAVE YOU TIMELY NOTICE.
In the evert it is necessary for Windsca es to collect any outstandIngbalance oared, you hereby agree to pay
finds a es costs of collections, including but not limited to its reasonable att rn s' fees.
JWe propose to furnish material and labor- complete in accordance with above specifications and for the above listed sura*
The above prices, specifications and conditions are satisfactory and hereby accepted. You are authorized to d
the work as specified. Please sign and sena back this proposal to get on our schedule.
ITerms: Half due noir, remainder due upon completion of the job. Total Bid: $20,406.25
Customer Signature: Date:
fur workers are fully covered by Workman's Compensation Insurance.
PLEASE PRINT:
lEmall Address; rdemant(c-D-i.otseao#nen*us
Day Time Phone # 763-238-5744 Cell Phone #
Please check the box if you would like to have your invoice emailed to you at the above listed address
CITY OF OTSEGOSERVICES CONTRACT
AGREEMENT, made this 13th day of May, 2013, between the CITY of OTSEGO, a
political subdivision "CITY" and WindScapes ("CONTRACTOR");
RECITALS
CITY has awarded to CONTRACTOR the job described below,
Description of Project:
625 cubic yards ofclean certified playground chips delivered and installed to dive play areas
in Otsego for a cost of $20,406.25 which includes tax.
1. Contract Performance. CONTRACTOR shall complete performance ofthe
PROJECT in accordance with the WidScaps proposal dated April 30, 2013.
2. Compliance with Applicable Rggulations. CONTRACTOR shall, pursuant to
performance, comply with all applicable rales, 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,
SIA 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 wlos, regulations, statutes or
ordinances are set forth or adopted by reference in the Submission Requirements herein.
Pursuant to Daws 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 fate 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 mordtor, enforce or
other -wise become involved in payments from CONTRACTOR to any subcontractor.
3. Indemnification. CONTRACTOR shall indemnify and save harmless CITY from
any liability arising out of CO TRACTOR's failure to obsei e compliance with Paragraph
2 above, specifically including, without limitation, liability arising out of the unproper
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 night be pact of the Plans and Specifications/Proposal, CONTRACTOR
warrants that all work completed in conn ction with the PROJECT shall be done in a
workinanlil e and timely manner and in accord with applicable industry standards and
that all clicmicals and other products utilized by CONTRACTOR Will be chosen for their
effectiveness for the purpose used, Where materials are being furnished b
COI TRACTOR, CONTRACTOR warrants that all materials will be of good quality and
suited for the purpose for which they are intended. r,
. Coxa-oliance with Statutol Rcauir mcnts
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 ares
to maintain all data obtained fi-om 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 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, f imish 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 e Tax Wifto din
Prior to the tinie of final payment of any amounts owing to Contractor under this
agreement, Contractor shall fun-nish a copy oform IC- 134, certified by the
Minnesota I epatiment of Revenue, doemnenting that all withholding tax
requirements have been obseiived by Contractor.
D. Audit
Pursuant to Minnesota Statutes Chapter 160.05 ubd. ), the boobs and records o
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.
. Performance and Payment S e rit Cheek One
Contractor is not required to post any performance and payment security y 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. Regal -1 ess ofivhIch oration above is r , i `p rima d payme tunity is
required, the security shall meet that standar & outlined in Minnesota Statutes Chap er
574.26
. lobes
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 thepostmark:
WidSeaes
1848 5& Street East, Ste 107
Invergrove Heights, NN 55077
6. Tetniiriatio
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 assuring that
Contractor has fully complied with all of the teras of this agreement, completing
the project in a timely and compliant manner.
fN WITNESS WHEREOF, the Dailies have executed this. Agreement the date above written.
CITY OF OTSEGO
LDM
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Mayor
City Clerk
CONTRACTOR
VA
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