ITEM 3.3 Superior Lawn Contract4:1.,
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'�`Y OF
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MINN5SOTA g
DEPARTMENT TMENT II FOR ATION
Request for
City Council Action
OR IhATIN DEPAI TMENT: RE SUE T R: MEET] hl DATE:
Parrs and Recreation Ross Dernant, Parks and June 10, 201
Recreation lanaer
PRESENTER(s):
Consent Agenda
AGENDA ITEM DETAILS
REVIEWED BY:
Lori Johnson, City
Administrator
ITEM :
.
RECOMMENDATION:
City staff recommends entering into a contract with Superior Lawn to provide lawn maintenance
services at various City owned properties.
ARE YOU SEEKING APPROVAL OF A CONTRACT?
IS A PUBLIG HEARING REQUIRED
Yes
No
BA KGROU lDMU TIFI ATION:
City staff has reviewed the option of staff managing the areas currently contracted to mow and
maintained for weed control. During this review staff concluded that with the addition of the
wide area rower in 2012 that the City would be able to effectively maintain the boulevards with
ars approximate ate cost savings of $6,000 over the current contracted price. Furthermore, staff
concluded that it is still currently cost effective to contract the mowing at the Waste Water
Treatment Facilities and the application of herbicide sprays at all of the City's facilities.
Superior Lawn has provided lawn care services at satisfactory levels for several gears.
Adjustments have been made to the 2013 contract that address geed control in the "no m vv'
areas located at the waste Water Treatment Facilities, Bea dr r Park, and Zimmer Parc. Other
adjustments include taping out fertilizing services at the treatment facilities and adding in
language that requires Superior Lawn to spot spray for weeds on a "as needed' basis.
SUPPORTING DOCUMENTS: X ATTACHED ❑ NONE
A. Proposed 2013 Superior Lawn Services Contract
MOTION. (Please word motion as you would like it to appear in the m(nutes.}
Motion to eater into a contract with Superior Lawn in the amount of $24,'176.18 to provide lawn
maintenance services at various city owned properties.
BUDGET INFORMATION
FUNDING:
BUDGETED: X YES
Fund # 601 & 602
ACTION TAKE
El APPROVED AS REQUESTED L7 DENIED ❑ TABLED Cl OTHER (List changes)
COMMENTS:
CITY of OTSEGO SERVICES CONTRACT
AGREEMENT, jade this Ath day of May, , 2 1 , between the CITY of OTS Go,
political subdivision ("CITY") and Superior Lawn ("CONTRACTOR");
RECITALS
CITY has awarded to CONTRACTOR the job described below,
Description of Project:
Perform 2013 lawn maintenance ser i s for the City of Otsego propeffles in the amount of
$9,893.41 and lawn maintenance services for the Sever and Water properties in the amount
of$14,282.77.
I . Contract Performance. CONTRACTOR shall complete performance of the
PROJECT in accordance with the Superior Lawn proposal dated April 22, 2013,
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,
wor ers' co n. ensation and unemployment com ens tion insurance, liability insurance,
OSHA or other safety rifles and regulations, co stt etion 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 I e uireinents herein.
Pursuant to Daws of Minnesota 1995, Chapter 3 1, 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 r which CONTRACTOR is
liable to atiy 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 b
CO TRACT R!S failure to remit payment to the subcontractor shall, for the purpose of
enforcement, be considered a third -pasty benefieiaq of this contract. However, nothing in
this contract shall be deemed to impose upon CITY any duty to monitor, enforce or
other -wise become involved in payments i om CONTRACTOR to any subcontractor.
. Indemnification. CONTRACTOR shall indemnify and save harmless CITY ftorn
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.
. "Warranty f 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 put -pose 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 he of good quality and
suited for the purpose for which they are intended."
5. Compliance .nce with Statutory Requirements
A. Data Practices Compliance;
Contractor may have access to data collected or maintained by the City to the extent
neees at y to perform Contractor's obligations under this contract, Contractor agrees
to maintain all data obtained from the City in the same mmmer as the City is
required under the Minnesota Govermnent 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 r 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 CQmpensation
Contractor shall, at the time of execution of this contract, fumish evidence
satisfactory to the City that Contractor maintains or is exempt from maintaining
Worker's Compensation coverage, pursuant to Minn soca Statutes Chapter 176,182,
C. Income fax Witioldi
Prior to the time of final payment of any aniounts owing to Contractor under this
agreement, Contractor shall famish a copy of Form IC -134, ceilified by the
Minnesota Depailment of Revenue, documenting that all withholding tax
requirements have been observed by Contractor.
D. Audit
Pursuant to Minnesota Statutes Chapter{ 160.05 su d, ,lie 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 year
fi om the date of final payment hereunder.
. Performance and Payment Seeur t (Cheek e
Contractor is not required to post any performance and payment security as
condition of this Contract by reason of the fact that the contract amount is for loss than
$75,000.00, and City is not requiring performance security,
Contractor is required to post performance and payment security acceptable to the
City, oven though the contract price is loss than $75,000.00.
Contractor is required to post performance and payment security beast the
contract price is more than $75,000.00.
Note:Regardless fi hI h olVlon above is checked, ifi tsin ndpayi en unity is
required, tete 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 call be deemed to have been rcceived on the third
business day following the postmark:
Superior Lawn
9859 Pea-rish Ave. N
Otsego, MN 55330
, Termination
Either pally may terminate this agreement on 30 days written notice to the other.
City shall remit to Contractor the ainounts billed for s i -vices assuming that
Contractor has fully complied with all of the terms of this agreement, completing
the project in a timely and compliant manner.
IT WITNESS VMEREOF,, the parties have executed this Agreement the date above written.
CITY of OTSEGO
:A
51
Mayor
City Clerk
CONTRACTOR
Its