3.6 2022 Trail Maintenance Project
Request for
City Council Action
DEPARTMENT INFORMATION
ORIGINATING DEPARTMENT REQUESTOR: MEETING DATE:
Parks & Recreation Interim Parks and Recreation Director Jacobs July 25, 2022
PRESENTER(s) REVIEWED BY: ITEM #:
Consent City Administrator/Finance Director Flaherty 3.6 – Trail Maintenance
STRATEGIC VISION
MEETS: THE CITY OF OTSEGO:
Is a strong organization that is committed to leading the community through innovative
communication.
X Has proactively expanded infrastructure to responsibly provide core services.
Is committed to delivery of quality emergency service responsive to community needs and
expectations in a cost-effective manner.
Is a social community with diverse housing, service options, and employment opportunities.
Is a distinctive, connected community known for its beauty and natural surroundings.
AGENDA ITEM DETAILS
RECOMMENDATION:
City staff recommends the City Council accept quotes and authorize the 2022 Trail Maintenance Project.
ARE YOU SEEKING APPROVAL OF A CONTRACT? IS A PUBLIC HEARING REQUIRED?
Yes No
BACKGROUND/JUSTIFICATION:
Each year the City performs preventative maintenance on the 42 miles of trails throughout the City. Staff
uses a rating system to identify sections of trails that are in most need of maintenance and repair.
Staff requested and received three quotes at outlined in the attached summary of quotes. Metro Paving,
Inc. provided the lowest quote in the amount of $62,303.35. City staff have completed reference checks
and are recommending the City Council award the 2022 Trail Maintenance Project to Metro Paving, Inc.
Funding for this maintenance comes from Fund 202 – Trail Management, with the Capital Improvement
Plan including a budget of $64,000 for maintenance this year. City Attorney Kendall has provided a review
of the attached Services Contract which is ready for City Council consideration.
Staff is recommending foregoing the Carrick’s Landing Trail project that was included in the Capital
Improvement Plan for 2022. This will be moved back to 2023 when it is expected that river access
improvements will be taking place at the park, and staff believe there will be efficiencies in doing the
projects at the same time.
SUPPORTING DOCUMENTS ATTACHED:
• Summary of Quotes
• Services Contract
POSSIBLE MOTION
PLEASE WORD MOTION AS YOU WOULD LIKE IT TO APPEAR IN THE MINUTES:
Motion to accept the quotes for the 2022 Trail Maintenance Project; to award the lowest quote; and to
approve a Services Contract between the City of Otsego and Metro Paving, Inc. to complete the 2022 Trail
Maintenance Project in the amount of $62,303.35.
BUDGET INFORMATION
FUNDING: BUDGETED:
Fund 202 – Trail Management
Yes
Otsego Trail Maintenance 2022:
Metro Paving
Seal coating and Crack Filling: 56,803.35
Overlay Repairs: 5,500.00
Total:62,303.35
Asphalt Concrete Solutions (ACS)
Seal coating and Crack Filling: 74,484.80
Overlay Repairs: 9,318.40
Total:83,803.20
Diversified Paving
Seal coating and Crack Filling: 93,576.45
Overlay Repairs: 21,504.60
Total:115,081.05
CITY OF OTSEGO SERVICES CONTRACT
AGREEMENT, made this 25th day of July, 2022, between the CITY OF OTSEGO, a
political subdivision ("CITY") and Metro Paving Inc. ("CONTRACTOR");
RECITALS
CITY has awarded to CONTRACTOR the job described below,
Description of Project:
Preform trail maintenance for the City of Otsego entailing sealcoating, crack filling, and
sections of overlay, throughout identified City trails.
1. Contract Performance. CONTRACTOR shall complete performance of the
PROJECT in accordance with the Metro Paving Inc. proposal received June 28, 2022.
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 percent 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)
___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:
Metro Paving Inc.
14350 Northdale Blvd.
Rogers, MN 55374
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 not to exceed the
amount of $62,303.35 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 CONTRACTOR
By ___________________________ By_____________________
___________________________
Mayor Its _____________________
By ___________________________
City Clerk