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ITEM 6.1 Lefebvre Creek ParkIV otS110F O MI"NE5OTA g 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 60%50 i 60X50 Wo Wo 60X5p �%757) (675.. 71 oWa 0 (j)60'Y'so 0 W0( I&A 60X50 ­­ - -1 1 Concrete Pad for Portable Restroom A,WW; IMP! Existing Storm Pond 77 OX50/ I (2)< 79.8 , I 1 1 X 883 9 891. 2 i X X 0 x 888, 01 Open Green 0 1 Space F Park I.D. Sign with Landscape Plantings 0 Buffer Adjacent - - - - - - Residential Properties lokso Wo 6OX50 , 0)(50 7) 0 W6 Shoot -around Court (Basketball) 6OX50 6OX50 6OX50 BBC Wo 6OX50 60X50 6OX50 WO WO Wo Wo �(87&7) 876.0) 75.7) 7 . 5.0 (875.2) 75.3 a] a] _A87 74.5 8 so Trailside Rest Area Bench Butterfly Garden Misting Tower Drinking Fountain 6a)(50 0 p�0 W, 6 ks 0 0 oo o --t _5 - 0 — ZO !0 (&A 50", 3 0 06 .0 b LEFEBVRE CREEK PARK CITY OF OTSEGO 961 609 1 Consulting Group, Inc. 60,ks*0 (eye 21 7o 6W0 Wo 6OX50 0 40 80 MM09 Scale m Fee[ K-5 Seating Area (2 Benches) Poured -in -Place Rubber Play Surfacing — 24' Hexagonal Picnic Shelter Existing 'O'VVi Bituminous Trail, yp. Existing Storm —Accessible Picpic Table _874.5- n67) (87&2 C8_115.7) - Wo wo- Wo 6OX50 60X50 ec)X50 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