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ITEM 3.5 Tru Green services} f t Ut�ep,oF MINNESOTA V DEPARTMENT INFORMATION Request for City Council Action ORIGINATING DEPARTMENT: REQUESTOR: MEETING DATE: Parks & Recreation Ross Demant, Parks & March 27, 2017 Recreation Director PRESENTER(s): REVIEWED BY: ITEM #: Consent Agenda Interim City Administrator 3.5 Flaherty AGENDA ITEM DETAILS RECOMMENDATION: Staff recommends approving the quote from Tru Green Limited Partnership in the annual amount of $7,403.90 for herbicide applications to City properties starting April 1, 2017 to ending November 1, 2019. ARE YOU SEEKING APPROVAL OF A CONTRACT? IS A PUBLIC HEARING REQUIRED? Yes No BACKGROUND/JUSTIFICATION: City staff contacted four contractors to provide herbicide application quotes. The criteria for the requests for quotes (RFQ) included the following: • Minimum of Three References • Must be able to fulfill all requirements set forth in the City's service contract. • The subject areas include approximately 105 acres of park and utility properties • Spring Application: o Must be completed prior to June 1St, unless another date is agreed upon between the contractor and the City. o All areas located within a 100 foot radius of playgrounds, splash pads, and shelters must be sprayed before 10am. o All areas will be sprayed using Escalade 2 • Other Applications: o Provide a per acre application quote for additional applications when requested by the City. • This quote contingent on a three season contract starting April 1, 2017 through November 1, 2019 Of the four contractors, Tru Green Limited Partnership, which is located in Maple Grove, provided the lowest quote of $7,403.90. The City used Tru Green Limited Partnership in 2016 for the herbicide applications and was satisfied with their level of service. This contract is being proposed for three years, however includes language in the contract that either party may terminate the agreement with a 30 day notice. SUPPORTING DOCUMENTS: ATTACHED X NONE • 2017 Tru Green Limited Partnership Services Contract • Tru Green Limited Partnership Quote • Additional Quotes Received by City Staff POSSIRI F MOTION Please word motion as you would like it to appear in the minutes. Motion to approve the quote and enter into a contract with Tru Green Limited Partnership for an annual amount of $7,403.90 for herbicide application services. RIIDGET INFORMATION FUNDING: BUDGETED: X YES 101-45200-390 601-49400-390 o No 602-49450-390 Parks and Recreation Director 04 0 CITY OF Q MtMliESQFA REQUEST FOR QUOTE: FORM This form is to be filled out and returned to Ross Demant, Parks & Recreation Direction by noon on March 17'. All quote forms are to be emailed to rdemant ci.otse-go.mmus. If you have an4 questions, please feel free to e-mail or call at (763) 235-3155. NAME OF COMPANY Midwest Lands CONTACT I Shane Gardner NUNMER900 E-MAIL s���dwestlandscaM.com REFERENCES: QUOTED AMOUNT TO PROVIDE HERBICIDE APPLICATION ONE TINE ANNUALLY ON 105.77 ACRES OF CITY PROPERTIES USING ESCALADE 2 $144190 QUOTEDAMOUNT TO PROVIDE ADDITIONAL APPLICATIONS ON A PER ACRE RATE 5134.16/Acre r- jenco- P"Upt"I'l M01"rr"HOU ruc WEED CONTROL SERVICt CONTRACT REQUEST FORW�F�QRM This form is to be filled out and returned to Ross Demant, Parks & Recreation Direction by noon on March 17", All quote forms are to be emailed to W=W19d&WZ9Ann Jb- If you have any questions, please feel free to e-mail or call at (763) 235-3155, NAME OF COMPANY - JEN!Q2 PROPERTY AWNIMADICE INC. CONTACT NAMEL.MIKE -JENSEN NUMBER: 612-991-841 E -MAI REFERENCES: WILLIE MUNIEO 763-244-7426 — Grounds manager for Westonka and Glenco-Schools MIKE HUNCHA 612-280-4344 —Grounds managerforCity of Delano ANDY HOPKO 763-370-5186 - Professional Turf Renovation ERIC LEWIS 701-361-5830 — Manager, Associa MN (property management company) QUOTED AMOUNT TO PROVIDE HERBICIDE APPLICATION ONE TIME ANNUALLY ON 105.77 I ACRES OF CITY PROPERTIES USING ESCALADE 2:� QUOTED AMOUNT TO PROVIDE ADDITIONAL APPLICATIONS ON A PER ACRE RATE: 10+ acre = $85/acre REQUEST FOR QUOTE FORM This form is to be filled out and returned to Ross Demant, Parks & Recreation Direction by noon on March 17`h. All quote forms are to be emailed to rdemant&i.otsego.mn.us. If you have any questions, please feel free to e-mail or call at (7633) 235-3155. 1 7'ru Treem L--rm 7l4 �a►''"!Th¢v S� NAME OF COMPANY 1 � CONTACT NAME �t G� �+ d� �Yl vii D _ NUMBER 44 E-MAIL tr 1 a r �h rp o J�-vaj;- eek met i I f Coxi REFERENCES; 5e e 6,4 cli m e n'-�- 0f- 6 uJP410 ofJ+t4AV-v" QUOTED AMOUNT TO PROVIDE HERBICIDE APPLICATION ONE TIME ANNUALLY ON 105.77 ACRES OF CITY PROPERTIES USING ESCALADE 2 � / l 0.3 #4 QUOTEDAMOUNT TO PROVIDE ADDITIONAL APPLICATIONS ON A PER ACRE RATE 470-00 k A Uhl Ot§ep,o- MINNESOTATF REQUEST FOR QUOTE FORM This form is to be filled out and returned to Ross Demant, Parks & Recreation Direction by noon on March 171h. All quote forms are to be emailed to rdemanWci.otsego.mn.us. If you have any tluestions, please feel free to e-mail or call at (763) 235-3155. NAME OF COMPANY CONTACT NAME ' t) n u 'bral NUMBER :2(0L) Z2-3550 E-MAIL REFERENCES; (Q3 -::q vie S 17 QUOTED AMOUNT TO PROVIDE HERBICIDE APPLICATION ONE TIME ANNUALLY ON 105.77 ACRES OF CITY PROPERTIES USING ESCALADE 2 4 9,9M ©C) QUOTEDAMOUNT TO PROVIDE ADDITIONAL APPLICATIONS ON A PER ACRE RATE � Su, ao CITY OF OTSEGO SERVICES CONTRACT AGREEMENT, made this day 27th of March, 2017, between the CITY OF OTSEGO, a political subdivision ("CITY") and Tiu Green Limited Partnership ("CONTRACTOR"); RECITALS CITY has awarded to CONTRACTOR the job described below, Description of Project: Perform herbicide application for the next three seasons (April 2017 -November 2019) to 105.77 acres of City property using Escalade 2 in the amount of $7,403.90 per year and a per acre amount of $70.00 for any treatment on City property outside the scope of the contract. 1. Contract Performance. CONTRACTOR shall complete performance of the PROJECT in accordance with the Tru Green Limited Partnership quote signed on Thursday, March 9th, 2017. 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." 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 Secgdly (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: TruGren Limited Partnership 11755 95th Ave N Maple Grove, MN 55311 6. Termination 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 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 By Mayor By City Clerk CONTRACTOR in Its