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ITEM 3.7 Trail MaintenanceIIN _0 ot�eoFo 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. NAME OF COMPANY a i'\ VNC" CONTACT NAME NUMBER 3 )�-O 2- P2 P-, 2 (� E-MAIL REFERENCES: 3'0NY\ kIt'-"CS 0-k-61 of c'vyakC"- G(2` W.-7 .20 1,J cow l_'ys pOpeC�t-rs Koh- ear^ er\S� � � Cer�r\ m,Oas ow CD 00 N 4) r) Id n n 0 C rp V) I 0 z 00 �10 CA m y CDD PIORIO" 0�. Iq (D M (D z CD CD 80 m vs U) ICI Ar m 4z> �i- ` %A ro P -�(0 LA aQ, CA r I G, I 3 ft .r 0 cr kfi O rQ 0 R P CD CD O UA LA (A 0 CY, G 0 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