ITEM 6.1 Lefebvre Creek ParkIV
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DEPARTMENT INFORMATION
Request for
City Council Action
ORIGINATING DEPARTMENT
REQUESTOR:
MEETING DATE:
Parks & Recreation
Parks and Recreation Director Demant
September 11, 2017
PRESENTER(s)
REVIEWED BY:
ITEM #:
Parks and Recreation Director Demant
City Administrator Flaherty
Ron Wagner City Engineer
6.1
AGENDA ITEM DETAILS
RECOMMENDATION:
Staff is recommending the City Council approve the quotes for the construction of Lefebvre Creek Park.
ARE YOU SEEKING APPROVAL OF A CONTRACT?
IS A PUBLIC HEARING REQUIRED?
Yes
No
BACKGROUND/JUSTIFICATION:
BA C KG RO U N D/J U STI F I CATION:
The City is proposing to build Lefebvre Creek Park which is within the Lefebvre Creek Greenway Corridor
located in the Boulder Creek Development. The Future Parks and Trails Plan identifies development of a
greenway corridor along Lefebvre Creek from Padgett Avenue & 751h Street to the west side of Quaday
Avenue. The park will also follow the Parks and Trails Plan section of the Comprehensive Plan which
outlines specific criteria for neighborhood play lots which have a service area of about one-quarter mile
radius. Some of these criteria include usable area of less than 5 acres, play structures, picnic areas, and
have a pedestrian/ bicycle access only.
The City Council voted unanimously for staff to begin preparation of plans and specifications and
solicitation of bids and/ or quotes for the construction of Lefebvre Creek Park at the May 22, 2017 City
Council meeting.
A trail connecting Lefebvre Creek Park to 75th Street NE was also part of the construction information
the City Council approved at the May 22, 2017 City Council meeting. City Council approved a quote from
C.W. Houle, Inc. in the amount of $74,497.80 at their June 12, 2017 meeting.
Staff has received quotes for the initial construction phases of Lefebvre Creek Park, which total
$421,505.94 which include the current construction of the trail. The initial cost estimate presented at
the May 22, 2017 Council meeting was $402,328.48 which also included the construction of the trail.
Included with the $421,505.94 amount are three of four alternates; 1) mister station for a cost of
$6,525, 2)day lilies which would be planted along the City owned boulevards on the west, east, and
north end of the park for a cost of $1,995, and 3) a butterfly garden which would meet several of the
criteria outlined in the Mayor's Monarch Pledge that the City Council voted unanimously to participate
in at their October 10, 2016 meeting for a cost of $8,783. The other alternate which is currently not
included in the $421,505.94 is 4) the installation of boulevard irrigation for a cost of $10,386. Irrigating
the surrounding boulevards would take the place of the day lilies and would be used to establish turf in
those areas instead.
Two items are being purchased and installed under the Minnesota Service Cooperatives include the park
shelter and playground. Both the shelter and playground designs have been reviewed and are being
recommended by the Parks and Recreation Commission for approval.
City staff received two quotes for the General Site Improvements. One quote from Peterson Companies
was for $106,451 and the second quote was from GL Contracting for $115,891.
City staff received three quotes including alternates for Irrigation, Water Service, & Landscaping
Improvements. One quote was from Midwest Landscapes for $92,391, the second was from Great
Northern Landscapes for $87,930, and the third quote was from Peterson Companies for $107,879.45.
SUPPORTING DOCUMENTS ATTACHED:
• Lefebvre Creek Park Concept
• Comparison of estimated and quoted costs
• Peterson Companies Quote and Contract
• Great Northern Landscapes Quote and Contract
• Midwest Playground Quote and Contract
• Northland Recreation Quote and Contract
POSSIBLE MOTION
PLEASE WORD MOTION AS YOU WOULD LIKE ITTO APPEAR IN THE MINUTES:
Motion to approve the following quotes for the construction of Lefebvre Creek Park with alternates 1, 2, &
1) Peterson Companies for General Site Improvements.
2) Great Northern Landscapes for Irrigation, Water Service, and Landscaping Improvements.
3) Midwest Playground Contractors for the Purchase and Installation of Playground Equipment.
4) Northland Recreation for the Purchase and Installation of a Park Shelter.
BUDGET INFORMATION
FUNDING:
BUDGETED:
Fund # 203- Park Development
Yes
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LEFEBVRE CREEK PARK
CITY OF OTSEGO
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Consulting Group, Inc.
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PREFERRED CONCEPT
PROJECT No. 10147
DATE: SEPTEMBER 6, 2017
COMPARISION OF ESTIMATED AND QUOTED COSTS FOR LEFEBVRE CREEK PARK
General Site Improvements
Cost Estimate
Quoted Price
Difference
Rock Entrance
$2,500.00
$2,000.00
-$500.00
Drainage System Play Containers
$5,500.00
$30,220.44
$24,720.44
Concrete Curbing
$11,968.00
$9,262.50
-$2,705.50
Concrete Walks & Pads
$9,786.00
$14,338.00
$4,552.00
Shelter Footings
$8,000.00
$9,300.00
$1,300.00
Drinking Fountain
$6,500.00
$4,500.00
-$2,000.00
Trash Receptacles
$1,500.00
$1,825.00
$325.00
Picnic Tables
$4,000.00
$4,050.00
$50.00
Game Tables
$6,000.00
$3,580.00
-$2,420.00
Grill
$800.00
$475.00
-$325.00
Benches
$3,200.00
$3,200.00
$0.00
Alternate (Tower Mister)
$8,500.00
$6,525.00
-$1,975.00
Electical System
1 $9,500.00
$13,450.001
$3,950.00
TOTALI $77,754.00
$102,725.941
$24,971.94
Irrigation & Landscaping
Cost Estimate
Quoted Price
Difference
Irrigation System & Water Service
$44,000.00
$47,417.00
$3,417.00
Landscaping
$28,675.00
$23,074.00
-$5,601.00
Alternate (Install Day Lilies in Boulevards)
$20,000
$1,995.00
$1,995.00
TOTAL
$72,675.00
$72,486.00
-$189.00
Other Improvements
Cost Estimate
Quoted Price
Difference
Shelter & Install
$24,045.00
$24,045.00
$0.00
Playground & Install
$100,530.00
$105,359.00
$4,829.00
Site Grading
$20,000
0
-$20,000.00
Bituminous Pavement (B -Ball)
$4,160.00
$4,160.00
$0.00
B -Ball Outfit
$3,000.00
$2,500.00
-$500.00
W/H Cost for Light Pole Install
$5,000.00
Dog Waste Dispenser
$500.00
$300.00
-$200.00
Survey & Testing
$8,000.00
$8,000.00
$0.00
Turf Establishment
$13,650.00
$13,650.00
$0.00
Alternate (Install butterfly garden)
$8,783.00
TOTALI $173,885.00
$171,797.00
-$15,871.00
Trail Construction Cost Estimate Quoted Price IDifference
Trail Construction 1 $61,898.781 $74,497.001 $12,598.22
Contingency Cost Estimate
5% $16,115.70
.' - ,. , " $19,177.46
Alternates Cost Estimate lQuoted Price Difference
Install Irrigation in Boulevards) 1 1 $10,386.00
MA:?M"M40 l kG JURISA'0i .-: L -MIN, $429,896.94
CITY OF OTSEGO SERVICES CONTRACT
AGREEMENT, made this 11th day of September, 2017, between the CITY OF OTSEGO, a
political subdivision ("CITY") and Peterson Companies ("CONTRACTOR");
RECITALS
CITY has awarded to CONTRACTOR the job described below,
Description of Project:
To provide general site improvements of Lefebvre Creek Park in accordance with the
Project Manual Titled Lefebvre Creek Park General Site Improvements.
1. Contract Performance. CONTRACTOR shall complete performance of the
PROJECT in accordance with the Project Description, Construction Plans, and contractor
quote dated August 25t`, 2017 with revisions per City Council comments dated September
11, 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 CONTRACTORS 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, fiunish 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)
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:
Peterson Companies
8326 Wyoming Trail
Chisago City, MN 55013
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
:1
Mayor
City Clerk
CONTRACTOR
In
Its
CITY OF OTSEGO SERVICES CONTRACT
AGREEMENT, made this 1 lth day of September, 2017, between the CITY OF OTSEGO, a
political subdivision ("CITY") and Great Northern Landscapes ("CONTRACTOR");
RECITALS
CITY has awarded to CONTRACTOR the j ob described below,
Description of Project:
Preform the installation of irrigation and landscaping following the project manual titled
Lefebvre Creek Park Irrigation, Water Service, and Landscape Improvements.
I . Contract Performance. CONTRACTOR shall complete performance of the
PROJECT in accordance with the Project Description, Construction Plans, and contractor
quote dated August 17, 2017 with revisions per City Council comments dated September
11, 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."
Compliance with Statutory Requirements
A. Data Practices Com lip ance:
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)
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;
Great Northern Landscaping
19720 Iquana St NW
Elk River, MN 55330
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
0
M
Mayor
City Clerk
14161eU111:7.��11C��7
Its
CITY OF OTSEGO SERVICES CONTRACT
AGREEMENT, made this 11th day of September, 2017, between the CITY OF OTSEGO, a
political subdivision ("CITY") and Midwest Playscapes ("CONTRACTOR")
RECITALS
CITY has awarded to CONTRACTOR the job described below,
Description of Project:
Installation of a playground and ground material at Lefebvre Creek Park.
1. Contract Performance. CONTRACTOR shall complete performance of the
PROJECT in accordance with the Project Description, Construction Plans, and contractor
quote dated August 7, 2017 with revisions per City Council comments dated September 11,
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 CONTRACTORs 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 Security (Check One
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:
Midwest Playscapes
8632 Eagle Creek Circle
Savage, MN 55378
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
IC
Mayor
City Clerk
CONTRACTOR
I:
Its
CITY OF OTSEGO SERVICES CONTRACT
AGREEMENT, made this 11th day of September, 2017, between the CITY OF OTSEGO, a
political subdivision ("CITY") and Northland Recreation ("CONTRACTOR");
RECITALS
CITY has awarded to CONTRACTOR the job described below,
Description of Project:
Installation of a park shelter at Lefebvre Creek Park.
1. Contract Performance. CONTRACTOR shall complete performance of the
PROJECT in accordance with the Project Description, Construction Plans, and contractor
quote dated May 3rd5 2017 with revisions per City Council comments dated September 11,
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 Security (Check One)
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:
Northland Recreation
10085 Bridgewater Bay
Woodbury, MN 55129
6. Termination
Either party may terminate this agreement on 30 days written notice to the other.
7. Pgyment
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
LIM
Mayor
City Clerk
CONTRACTOR
Utz
Its