ITEM 3.7 Trail MaintenanceIIN
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MINNESOTA V
DEPARTMENT INFORMATION
Request for
City Council Action
ORIGINATING DEPARTMENT
REQUESTOR:
MEETING DATE:
Parks & Recreation
Parks & Recreation Director Demant
July 8, 2019
PRESENTER(s)
REVIEWED BY:
ITEM #:
Consent
City Administrator/Finance Director Flaherty
3.7
STRATEGIC VISION
MEETS:
THE CITY OF OTSEGO:
maintenance, parking lot maintenance and infrared patching maintenance.
Is a strong organization that is committed to leading the community through innovative
communication.
X
Has proactively expanded infrastructure to responsibly provide core services.
No
Is committed to delivery of quality emergency service responsive to community needs and
expectations in a cost-effective manner.
The City has established a maintenance schedule for parking lots and trails and has funded the
Is a social community with diverse housing, service options, and employment opportunities.
conducts annual inspections to determine a priority list for maintenance.
Is a distinctive, connected community known for its beauty and natural surroundings.
AGENDA ITEM DETAILS
RECOMMENDATION:
Staff recommends entering into a contract with Diversified Paving in the amount of $29,730.89 for trail
maintenance, parking lot maintenance and infrared patching maintenance.
ARE YOU SEEKING APPROVAL OF A CONTRACT?
IS A PUBLIC HEARING REQUIRED?
Yes
No
BACKGROUND/JUSTIFICATION:
The City has established a maintenance schedule for parking lots and trails and has funded the
maintenance annually in the 10 -year Capital Improvement Plan. Staff maintains maintenance records and
conducts annual inspections to determine a priority list for maintenance.
Staff solicited quotes for the 2019 parks and trail maintenance utilizing a Request for Quote (RFQ) form
which outlined the following conditions:
• Address and/or location of maintenance
• Type of maintenance to be completed at each location
• Request for three references
• Sample Services Contract
Two companies submitted maintenance quotes within the allotted time frame:
Diversified Paving$22,330.89
Fahrner Asphalt Sealers $75,537.10
Staff is recommending that the company that provided the lowest quote, Diversified Paving, be awarded
the 2019 Trail and Parking Lot maintenance contract.
Upon receipt of the quotes above, staff identified an opportunity to complete some deferred infrared
maintenance patching. This patching was initially scheduled for 2018; however, the budgeted funds did not
allow for the work to be completed. The recommended contract amount of $22,330.89 with Diversified
Paving is less than the 2019 budget of $31,000.00. City staff requested a quote from Diversified Paving to
complete the deferred infrared maintenance patching, which was quoted at the amount of $7,400.00.
City staff is recommending the infrared maintenance patching be approved in addition to the trail and
parking lot maintenance, for a total contract of $29,730.89 with Diversified Paving.
SUPPORTING DOCUMENTS ATTACHED:
• Quote — Diversified Paving
• Supplemental Quote (Infrared Patching) — Diversified Paving
• Quote — Fahrner Asphalt Sealers, LLC
• Services Contract - Diversified Paving
POSSIBLE MOTION
PLEASE WORD MOTION AS YOU WOULD LIKE IT TO APPEAR IN THE MINUTES:
Motion to approve entering into a contract with Diversified Paving in the amount of $29,730.89 for trail
maintenance, parking lot maintenance and infrared patching maintenance.
RIInr.FT INFORMATION
FUNDING:
BUDGETED:
Fund 202 - Trail Pavement Management
Yes
To Whom It May Concern,
The City of Otsego is currently requesting quotes for trail crack filling and fog sealing services for the 2019 season.
Please Provide:
• General Company Information
• Minimum of Three References
• Cost estimate for each of the locations
Qualification;
Must be able to fulfill all requirements set forth in the attach draft agreement
Application:
o Must be completed prior to September 1, unless another date was agreed upon between the
contractor and the City.
o Areas located in front of driveways need to be appropriately marked with a warning signs.
Termination:
• The City of Otsego reserves the right to terminate this agreement at any time if the vendor defaults in its
obligations to provide satisfactory service. The City will provide a written notice of unsatisfactory service
and the vendor will have five days to correct the default. If the vendor does not correct the default within
five days, the city will give a 30 day notice that the contract will be terminate.
Sincerely,
Ross Demant
Parks and Recreation Director
REQUEST FOR QUOTE FORM
This form is to be filled out and returned to Ross Demant, Parks & Recreation Direction by noon April 30, 2019. 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 (763) 235-
3155.
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Diversified Paving
6957 West Hwy 10
Suite 200
Ramsey, MN 55303
Phone 763-421-4120 Fax 763-421-2287
chadkCdpipavin.com
TO;
PROPOSAL # 2019-1016
DATE: APRIL 22, 2019
SALESPERSON JOB DUE DATE
Chad Kayser City of Otsego 4/30/2019
QTY
DESCRIPTION
UNIT PRICE
LINE TOTAL
3,168 LN FT
Odean Ave crack seal
.63
1,995.84
101,376 SF
Odean Ave fog seal
.07
7,096.32
1,662 LN FT
Prairie Park Trail crack seat
.63
1,047.06
51,952 SF
Prairie Park Trait fog seat
.07
3,636.64
2,325 LN FT
Carrick Landing crack seat
.63
1,464.75
42,240 SF
Carrick Landing fog seal
.07
2,956.80
1,132 LN FT
Zimmer Farm crack seat
.63
713.16
9,364 SF
Zimmer Farm for seat
.11
1,030.04
219 LN FT
Zimmer Farm striping
1.80
394.20
899 LN FT
Beaudry Park crack seal
.63
566.37
9,381 SF
Beaudry Park fog seat
.11
1,031.91
L 306 LN FT
Beaudry Park striping
1.30
397.80
TOTAL
22,330.89
This is a quotation on the goods named, subject to the conditions noted below: Diversified
provides a 1 - year warranty on workmanship and materials. Any alterations or deviations
from the specifications which are requested by the owner/general contractor which involve
extra costs shall become extra charges to the owner/general contractor over and above the
price specified above. Said extra charges shall be computed at the usual and customary rates
of DIVERSIFIED PAVING generally applicable to the type of work involved. An interest charge
at the rate of 1.5% per month shall be charged on any balance 30 days past due. Payment
schedule is specified. DIVERSIFIED PAVING shalt have the right to cease work immediately and
to demand either a payment bond or an escrow of funds for the work it is to do if it has a
reasonable basis to believe the owners or general contractors financial responsibility is
impaired. DIVERSIFIED PAVING may terminate this agreement if such demand is not met
within 14 days. DIVERSIFIED Paving may file appropriate liens or bond claims, as the case may
be, to assure payment of the work completed up to date of termination. The owner/ general
contractor, by acceptance of this proposal, agrees to pay all cost of collections, including
reasonable attorney's fees incurred, in order to recover any amounts due or to become due
herein. Liens or bond claims will be filed within the periods prescribed by law if any balance
due herein becomes 45 days past due.
To accept this quotation, sign here and return:
QUOTATION PREPARED BY: CHAD KAYSER
6957 West Hwy 10
Suite 200
Ramsey, MN 55303
Phone 763-421-4120 Fax 763-421-2287
Cell 320.428-5670
chadk@dpipaving.com
www.dpipaving.com
PROPOSAL/CONTRACT
Job. No.
PLOVER,WI 64467
WAUNAKEE, WI 63697
2800 Mecca Drive
316 Raemisch Road
Ph.: 715.341.2868
Ph.: 608.849.6466
Fax: 715.341.1054
Fax: 608.849.6470
KAUKAUNA, WI 64130
EAU CLAIRE, WI 64703
860 Eastline Road
6615 U.S. Hwy 12 W
Ph.: 920.759.1008
Ph.: 715.874.6070
Fax: 920.759.1019
Fax: 715.874.6717
Date: April 29, 2019
FREDERIC, WI 64837 SAGINAW, MI 48601
3468 115th Street 2224 Veterans Memorial Pkwy
Ph.: 715.663.2535 Ph.: 989.752.9200
Fax: 715.653.2553 Fax: 989.752.9205
DUBUQUE, IA 52002 OAKDALE, MN 55128
7680 Commerce Park 7500 Hudson Blvd., Ste, 305
Pavement Maintenance Contractors Section C Ph.: 651.340.6212
Ph,: 563.656.6231
EE0/AAEnip loyer Fax: 563.588.1240 Fax: 651.340.6221
CORPORATE OFFICE: 1.800.332.3360
Contact Name: Ross Demant Contract Price $75,537.10
PURCHASER: City of Otsego
ADDRESS: 8899 Nashua Ave NE
Otsego, MN 55330
TELEPHONE: (763) 4414414
DESCRIPTION OF PROPERTY:
City of Otsego Trails
8899 Nashua Ave NE
Otsego, MN 55330
1. FAHRNER Asphalt Sealers, L.L.C. (CONTRACTOR) and PURCHASER agree that, CONTRACTOR shall furnish
the labor and materials to complete certain construction in accordance with the following specifications:
CRACKSEALING:
Blow out and clean cracks with compressed air and heat lance. Seal cracks with a
rubberized asphalt crack sealant.Re-seal existing previously sealed cracks This
material exceeds Fed Spec ASTM D6690 Type II Crackfilling does not include alligatored
areas
GSB-88 Sealer
Sweep asphalt clean with vacuum sweeper and /or air blowers. Apply 1 coat of GSB-88 at
0.15 GAL/SY application rate. Temporary road closure (1-3 hrs) of segements of streets
as agreed to by city prior to work being performed.
RE -STRIPE PARKING LOT: Re -stripe asphalt as is with traffic paint.
Note:
Owner to trim back all trees along trails min 10' to provide adequate access. To sweep
trails and scrape sediment from trails prior to Fahrner Asphalt performing work.
***DISCLAIMER: Asphalt emulsion sealers and resurfacers may be adversely affected by
materials and conditions such as: tree saps, surfactants, soaps, waxes, and excessive
shaded areas. Sealing of these affected areas is at owners risk and is subject to
exclusion of material and workmanship warranty described herein.***
Attached is the list of trails and parking lots this proposal covers
This proposal may be withdrawn if not accepted and received by CONTRACTOR within 20 days of the date above and/
or at any time before performance of the work hereunder upon CONTRACTOR'S determination that the PURCHASER is not creditworthy.
2. If proposal is accepted please sign, retain one copy and forward a copy to our office.
3. The undersigned ("PURCHASER") agrees to pay CONTRACTOR the total price of $75,537.10 and/or the unit prices
specified above for the labor and materials specified above which payment shall be due upon completion of each stage of work.
PURCHASER acknowledges that the specifications, conditions and price quotes specified above are satisfactory and hereby accepted.
Acceptance of this Proposal includes acceptance of all the terms and conditions on back.
CONTRACTOR: PURCHASER:
Fahrner Asphalt Sealers, LLC:Cell: (320) 241-1537 1 have read and understand the terms and conditions on both sides
wally.putz@fahrnerasphalt.com of this contract.
Wally Putz
(PRINT OR TYPE NAME)
By:
(CONTRACTOR REPRESENTATIVE)
By:
(PRINT OR TYPE NAME)
(PURCHASER AUTHORIZED REPRESENTATIVE)
Date: April 29, 2019 Date of acceptance:
TERMS AND CONDITIONS
NOTICE OF LIEN RIGHTS
AS REQUIRED BY THE WISCONSIN CONSTRUCTION LIEN LAWS, CONTRACTOR HEREBY NOTIFIES OWNER THAT PERSONS OR
COMPANIES FURNISHING LABOR OR MATERIALS FOR THE CONSTRUCTION ON OWNER'S LAND MAY HAVE LIEN RIGHTS ON
OWNER'S LAND AND BUILDING IF NOT PAID. THOSE ENTITLED TO LIEN RIGHTS, IN ADDITION TO THE UNDERSIGNED
CONTRACTOR, ARE THOSE WHO CONTRACT DIRECTLY WITH THE OWNER OR THOSE WHO GIVE THE OWNER NOTICE WITHIN
SIXTY (60) DAYS AFTER THEY FIRST FURNISH LABOR OR MATERIALS FOR THE CONSTRUCTION. ACCORDINGLY, OWNER
PROBABLY WILL RECEIVE NOTICES FROM THOSE WHO FURNISH LABOR OR MATERIALS FOR THE CONSTRUCTION, AND
SHOULD GIVE A COPY OF EACH NOTICE RECEIVED TO THE MORTGAGE LENDER, IF ANY. CONTRACTOR AGREES TO
COOPERATE WITH THE OWNER AND THE OWNER'S LENDER, IF ANY, TO SEE THAT ALL POTENTIAL LIEN CLAIMS ARE DULY
PAID.
ACCEPTANCE OF WORK
All labor and material is conclusively accepted as satisfactory unless accepted to in writing within seven (7) days of performance.
EXTRA WORK
All alterations or deviations from any of the terms of this contract shall be in writing and executed by the parties hereto. Any extra cost involved
therein will become an extra charge to be paid by PURCHASER over and above the contract price.
PURCHASER'S RESPONSIBILITIES
PURCHASER acknowledges and understands that it shall be responsible for obtaining any and all permits which may be required in connection with
performance of this Proposal Contract. Where applicable, PURCHASER shall also be responsible for backfilling areas that border along the newly
paved surface with appropriate material to eliminate potential cracking and uneven surface at the edge of the paved surface and for installing,
replacing, maintaining and repairing shoulders. PURCHASER assumes all iability for any damages done to underground utilities and/or structures
unless CONTRACTOR has been notified, upon acceptance of this Proposal, as to the specific location and depth of any such buried utility/structures.
INCLEMENT WEATHER
Inclement weather may alter the completion of the work to be furnished hereunder. Furthermore, special consideration should be given if work is to
be performed before May 1 or after October 15 in light of less than desirable weather conditions which could potentially impair the quality of the
work performed hereunder.
WARRANTY
All material is guaranteed to be as specified and all work is to be completed in a workmanlike manner according to standard practices. All labor and
materials will be guaranteed against defect for one (1) year from date of installation. Due to Wisconsin winters and expansion and contraction of the
ground, some cracking of the pavement may be experienced. There are no express or implied warranties of merchantability, quality, and quantity or
of fitness for any particular purpose, which extend beyond those specifically set out in this document.
All warranties are void if payment is not made as stipulated.
DELINQUENCY CHARGE
Payment is due and payable upon completion of each stage of the work. If PURCHASER defaults on the payment required, PURCHASER will be
liable for all costs of collection, including reasonable attorney's fees, and a delinquency charge on the balance at the maximum rates allowed by law.
If PURCHASER is an organization as defined by Wis. Statutes, Section 421.301 (28), the Delinquency Charge rate shall be 1.5% per month (18%
APR) plus all costs of collection, including reasonable attorney's fees. CONTRACTOR retains title to all merchandise covered by this Agreement
until full payment is received according to the above terms of sale. PURCHASER consents in any action or legal proceeding relating to this Contract
commenced by the CONTRACTOR to the personal jurisdiction of any court that is either a court of record in the State of Wisconsin or a court of the
United States located in the State of Wisconsin. It is hereby agreed that no legal action with respect to this contract may be brought by either party
later than one (1) year after the cause of action accrues and that the party asserting such a legal action shall be barred from any remedy thereto.
INDIVIDUAL LIABILITY
The undersigned PURCHASER agrees to be individually liable for all terms of the Agreement, regardless of whether he or she signs individually or
as an agent for the owner of the property upon which the work is being performed or for any other individual, partnership or corporation.
PRODUCT INFORMATION AND MAINTENANCE
Since the asphalt in blacktop needs time to harden and cure, usually 6-12 months, your asphalt pavement will remain soft and pliable during warm
weather. During this time, don't park in the same spot every time and do not turn your steering wheel back and forth when your car is not moving. It
is not unusual to experience some cracking over the winter due to the contraction and expansion of the ground, especially over culverts, pipes,
electric wires, etc. Avoid gasoline and petroleum product spills as they will destroy your pavement. If spills do occur, immediately flush with lots of
soapy water. If you decide to seal coat your pavement, wait until the summer following installation.
BINDING EFFECT
This Agreement shall he binding upon the parties hereto, their heirs, personal representatives, successors and assigns.
ENTIRE AGREEMENT
The entire contract is embodied in this writing. This writing constitutes the final expression of the party's agreement, and is a complete and exclusive
statement of that agreement. In the event that any term of this contract is unenforceable, the remaining terms of the contract shall still be in full force
and effect.
ESTIMATE DATE: 6/5/2019
Ross Demant
City of Otsego
infrared heats on O'dean Ave.
13400 90th St. NE
Elk River, MN 55330
Infrared Patch Proposal:
https://www.dpipaving.com/
80 Infrared Areas:
Infrared pavement heaters are used to create a thermal bond with newly added material for patching
localized areas. A pavement heater is placed over the area to be addressed then heated to a
workable temperature between 200 - 300 degrees. The heated surface is then scarified using iron
rakes. New admixture is introduced and reworked and then finally compacted.
The above can be completed for the sum of $7,400.00
This is a quotation on the goods named, subject to the conditions noted below: Diversified provides a 1 -
year warranty and we do not guarantee water drainage on any surface that is less then 1.5% slope at the
time of paving this is the industry standard. Any alterations or deviations from the specifications which are
requested by the owner/general contractor which involve extra costs shall become extra charges to the
owner/general contractor over and above the price specified above. Said extra charges shall be computed
at the usual and customary rates of DIVERSIFIED PAVING generally applicable to the type of work involved.
An interest charge at the rate of 1.5% per month shall be charged on any balance 30 days past due.
Payment schedule is specified. DIVERSIFIED PAVING shall have the right to cease work immediately and to
demand either a payment bond or an escrow of funds for the work it is to do if it has a reasonable basis to
believe the owners or general contractors financial responsibility is impaired. DIVERSIFIED PAVING may
terminate this agreement if such demand is not met within 14 days. DIVERSIFIED Paving may file
appropriate liens or bond claims, as the case may be, to assure payment of the work completed up to date
of termination. The owner/ general contractor, by acceptance of this proposal, agrees to pay all cost of
collections, including reasonable attorney's fees incurred, in order to recover any amounts due or to
become due herein. Liens or bond claims will be filed within the periods prescribed by law if any balance
due herein becomes 45 days past due.
Sincerely,
Diversified Paving
Chad Kayser
Field Operation Manager
Acceptance: As an authorized agent for the above, I accept this proposal for $
Signature: Da
CITY OF OTSEGO SERVICES CONTRACT
AGREEMENT, made this 8'h day of July 2019, between the CITY OF OTSEGO, a political
subdivision ("CITY") Diversified Paving ("CONTRACTOR");
RECITALS
CITY has awarded to CONTRACTOR the job described below,
Description of Project:
Preform crack filling and surface treatment services at various park locations throughout the
City of Otsego.
1. Contract Performance. CONTRACTOR shall complete performance of the
PROJECT in accordance with the Diversified Paving proposals dated April 22, 2019 and
June 5, 2019.
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. "Warmanty 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, 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 SegTii (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, if performance 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:
Diversified Paving
6957 West Hwy 10
Suite 200
Ramsey, MN 55303
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 Cleric
CONTRACTOR
Its