ITEM 3.4 Trail repair Odean Aveot
NNESOTA
DEPARTMENT INFORMATION
Request for
City Council Action
ORGINATING DEPARTMENT:
REQUESTOR:
MEETING DATE:
Parks and Recreation
Ross Demant, Parks and
June 22, 2014
No
Recreation Manager
BACKGROUND/JUSTIFICATION:
PRESENTER(s)
REVIEWED BY:
ITEM #:
Consent Agenda
Lori Johnson, City Administrator
3.4
approximately 2,290 linear feet, crack sealing approximately 1,005 linear feet, infrared patching 32
Ron Wagner, City Engineer
square feet.
AGENDA ITEM DETAILS
RECOMMENDATION:
Staff recommends the approval of the quote from Asphalt Contractors Incorporated (ACI) for the
amount of $15,485.68 for repair of the portion of trial on Odean Avenue that runs from 85th Street
Northeast to 70th Street Northeast.
ARE YOU SEEKING APPROVAL OF A CONTRACT?
IS A PUBLIC HEARING REQUIRED?
No
No
BACKGROUND/JUSTIFICATION:
During the 2015 trail assessment, staff have identified the need for significant repairs to be made to the
section of trail that runs along Odean Avenue between 85th Street Northeast and 70th Street Northeast.
This trail was constructed in 1999 and has been included trail maintenance program since that time.
The southern section of this trail will connect to the new 70th street trail in 2016.
The 5 year Capital Improvement Plan (CIP) has $25,000 in 2015 for trail maintenance and repairs, the
proposed Odean trial project is quoted at $15,485.68. This amount will include crack filling
approximately 2,290 linear feet, crack sealing approximately 1,005 linear feet, infrared patching 32
sections, asphalt overlaying approximately 2,299 square feet, and sealer coating approximately 57, 114
square feet.
Staff received two quotes with Asphalt Contractors, Inc. (ACI) submitting the lowest bid. The City
contracted with ACI in 2014 to crack fill approximately 12,000 linear feet through the trail system.
SUPPORTING DOCUMENTS: X ATTACHED ❑ NONE
A. Quote from Asphalt Contractors Incorporated (ACI)
B. Asphalt Contractors Incorporated (ACI) Services Contract
MOTION: (Please word motion as you would like it to appear in the minutes.)
Motion to approve the quote from Asphalt Contractors Incorporated (ACI) for $15,485 to repair the
portion of trial on Odean Avenue that runs from 85th Street Northeast to 70th Street Northeast.
BUDGET INFORMATION
FUNDING: BUDGETED: X YES
Fund #202 Trail Management Fund
NO
ACTION TAKEN
❑ APPROVED AS REQUESTED ❑ DENIED ❑ TABLED ❑ OTHER (List changes)
COMMENTS:
kci10285 89th Ave. N. • Maple Grove, MN 55369
Ph. (763) 424-9191 • Fax (763) 424-9190
Asphalt Contractors, Inc.
Date: Friday, May 22, 2015
Submitted To:
Ross Demant
City of Otsego
8899 Nashua Ave. NE
Otsego, Mn 55330
Contact Information:
Phone: (763) 441-4414
Mobile:
E-mail: rdemant@ci.otsego.mn.us
Site Description: # S120614
Various Trails in Otsego
Various Trails in Otsego
Otsego, MN 55330
Site Contact:
Site Phone:
Site Email:
Proposal # 2015-1516
'(Prepared By:
David Johnson
Contact Information:
Mobile: 612-251-7360
Office: 763-424-9191
E-mail: davidj@aciasphalt.com
Project Manager:
Chad Kayser
Mobile: 763-688-5532
All of the proposed work below is for the trail along ODean Avenue N.E. from 85th Street N.E. to 70th Street N.E.
Qty Proposed Service(s) & Description(s) Depth
2,299 Sq. Ft. Asphalt Overlay
Service Description
Before wear asphalt is installed the area is cleaned and a tack oil (adhesive) is
applied to assure bonding. Then the hot mixed asphalt is installed with a self
propelled paver and compacted with a vibratory roller. The thickness will vary
slightly with compaction and contour of area to be paved.
32 Heats Asphalt Thermal Bond Infrared Patching (If additional heats are required add
$124.00/heat)
Service Description
Sweep away any loose soil or standing water from the area to be repaired. Heat
area as specified using infrared thermal bond patch machine. Position the infrared
panel (either 5'x 7or 5'x3.5) over the repair area. Allow infrared heat to
penetrate for 5 to 9 minutes depending on depth, season, and aggregate. Rake
softened in place material and remove failed material as needed. Spray asphalt
rejuvenator onto the heated area. This will replace some of the light oils that ha ve
oxidized over time. Add new asphalt hot mix as necessary to meet the proper
grade. Rake and level the patch area to the correct grade and compact with a
vibratory roller.
2,290 Lr. Ft. Cracksealing - Rout and Seal
Service Description
Cracks 1/4" or larger are mechanically routed out approximately 3/4" by 3/4"
Cracks are cleaned of dirt and debris prior to placing hot rubberized crack sealer.
Crack sealer will be placed with crack sealing bander, which leaves a 3"band on
pavement. Crack sealer sets up in 5-20 minutes it all depends on the air temp.
NOTE.- As material cools it will settle and shrink slightly into the reservoir.
Previously sealed cracks cannot be routed. (Vehicles need to be cleared and
irrigation systems need to be turned off.)
Professional People, Progressive Solutions
www.aciasphalt.com
1.5" $4,438.59
$3,986.87
$1,895.39
1,005 Lr. Ft. Cracksealing - Clean and Seal $753.75
Service Description
Cracks 1/4" or larger will be sealed. Cracks are cleaned of dirt and debris A hot
crack sealant is laid with a bander that leaves a 3" band on pavement. Crack
sealer sets up in 5-20 minutes it all depends on the air temp. (Vehicles need to be
cleared and irrigation systems need to be turned off.)
57,114 Sq. Ft. Star Seal Micro Pave Pro Emulsion Sealer $4,411.08
Service Description
Clean asphalt with power blowers and sweeper if needed. Apply Star Seal Micro
Pave Pro Emulsion Sealer at a rate of 50-60 square feet per gallon Sealer will be
modified with 2 lbs. of silica sand per gallon. (Vehicles need to be cleared and
irrigation systems need to be turned off for 24 hours.)
PAYMENT TERMS 0 Down, Balance Net 15 Project Total: $15,485.68
SERVICE TERMS Landscape restoration not included in scope of work unless specifically noted. ACI is not responsible for
damage to irrigation systems when not properly marked by client. Customer will be notified when work is to be performed. It is the
customer's resaonsibility to make sure the irrigation systems are shut off as to not cause damage to the work performed.
This proposal may be withdrawn at our option if not accepted within 7 days of May 22, 2015
Pavement Consultant David Johnson
Accepted Authorized Signature
Professional People, Progressive Solutions
www.aciasphalt.com
Proposal # 2015-1516
kci TERMS, CONDITIONS & GUARANTEE
Asphalt Contractors, Inc. ACI Asphalt & Concrete, Inc. hereafter referred to as "ACP'
Asphalt Guarantee
Fully covering labor, and materials against breakup for a period of year(s).
Any request made to "ACI" by the owner, general contractor or their respective authorized supervisory employees to overlook the
standard practices and procedures previously stated in these conditions will automatically negate any guarantee of material or
workmanship whether such guarantee is written, implied or orally stated. Guarantee does not cover markings from sharp pointed objects,
power steering created tire marks, or drippings from solvents and gas. Guarantee does not cover heaving of asphalt, subgrade failure,
settling or expansion cracks due to freeze thaw weather cycle or tree roots. Asphalt is a machine laid surface which has seams that are
sometimes noticeable. The surface texture of hand laid areas may not be uniform to machine laid areas, due to hand raking. "ACI" shall
not be liable for water ponding or retention in surrounding areas of patching due to current grades or construction method chosen.
Guarantee does not cover damage caused by acts of third parties.
Sealcoat Guarantee
"ACP" will guarantee sealers(Asphalt emulsions and Blended sealers) from chipping and peeling for a period of 1 year. This guarantee
does not include wearing of sealer and adherence of sealer to oil spots, hydraulic spots and tree sap. Guarantee does not cover damage
caused by acts of third parties.
Terms: Terms are as stated above. If payment is not made in accordance with the above terms, the customer agrees to pay any
collection, legal fees and interest for any unpaid balances. Interest will accrue at a rate of .66% per month from the date of completion.
Terms of guarantee are contingent upon receipt of final payment.
PRICE is based on specifications and estimates as shown on the "Proposal & Agreement'. Field measurements may be made when the
job is completed and any changes of specifications, areas, tonnage, or gallonages will correspondingly change the completed price. One
mobilization charge is included in price, unless stated on the "Proposal & Agreement'. Additional mobilization charges will be at the rate
set forth in agreed upon change order which is made part and parcel of these conditions and "Proposal & Agreement'.
ADDITIONAL CHARGES may become necessary if permit(s), extra equipment time, extra materials, or extra labor would become
necessary to complete this job, if subgrade is not up to acceptable specifications or requirements or if extra services and/or materials are
requested in writing by the owner or general contractor of their respective authorized supervisory employees. "ACI" shall not be held
liable for damage to surrounding areas of driveway or parking lot due to poor subgrade, moisture, or other unforeseen circumstance.
Additional charges would be in accordance with the agreed upon change order which is made part and parcel of these conditions and
"Proposal & Agreement". "ACI" reserves the right to refuse additional equipment time, extra materials or extra labor if it would interfere
with advanced scheduling with other customers with whom previous commitments had already been extended.
Conditions: The above prices, specifications and conditions are satisfactory and are hereby accepted. You are contracted to do the work
as specified and the stated payment terms are acceptable. All material is guaranteed to be as specified. All work is to be completed in a
workmanlike manner in accordance to standard construction practices. Any deviation from this proposal or extra work will be executed
only upon owner or owners agent orders and may become an extra charge over and above this agreement. All agreements are
contingent upon delays beyond our control. Property owner to carry fire, tornado and any other necessary insurance. We do not
guarantee against pavement cracking from weather cycles and water ponding or retention due to pre-existing grade conditions. We
cannot guarantee drainage or against water ponding on new asphalt without adequate slope. In flat areas water will not drain unless
there is more than 1-1/2" of fall per 10 feet, "ACP' shall not be liable for damage to adjoining concrete flat work by asphalt installation
equipment during standard construction procedures. Proposal excludes the following unless otherwise stated in the proposal: Permits,
Excavation, Staking, Material Testing, Sod Restoration & Landscaping, Manhole/Catch Basin/Gate Valve Adjustments or Repairs,
Vegetation Removal, SACM/AC Charges, Dewatering. You authorize ACI to perform a credit investigation and /or obtain credit reports
from credit reporting agencies.
Notice Of Lien: A) Any person or company supplying labor or materials for this improvement to your property
may file a lien against your property if that person or company is not paid for the contributions. B) Under
Minnesota Law, you may have the right to pay persons who supplied labor or materials for this improvement
directly and deduct this amount from our contract price, or withhold the amounts due them from us until 120 days
after completion of the improvement unless we give you a Lien Waiver signed by persons who supplied any Labor
and Material for the improvement and who gave you timely notice.
Customer Initial Date
Professional People, Progressive Solutions
www.aciasphalt.com
Form
W-9
Bequest for Taxpayer
Give Form to the
(Rev. December 2014)
Identification Number and Certification
requester. Do not
Departmentofthe Treasury
Send to the IRS.
InternMR
evenue Service
1 Name (as shown on your income tax return). Name is required on this line; do not leave this line blank.
ACI Asphalt & Concrete, Inc.
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2 Business name/disregarded entity name, if different from above
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3 Check appropriate box for federal tax classification; check only one of the following seven boxes:
4 Exemptions (codes apply only to
certain entities, not individuals; see
EJIndividuaVsole proprietor or ❑ C Corporation 0 s Corporation ElPartnership ❑ Trust/estate
instructions on page 3):
W c
0
single -member LLC
❑ Limited liability company. Enter the tax classification (C=C corporation, S=S corporation, P=partnership) ►
Exempt payee code (if any)
`p 3
Note. For a single -member LLC that is disregarded, do not check LLC; check the appropriate box in the line above for
Exemption from FATCA reporting
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the tax classification of the single -member owner.
code (if any)
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❑Other (See IrIS1NCt10nS) ►
(AppAes to accounts Mantabied,wrs.tlle Nre U S)
6 Address (number, street, and apt. or suite no.)
Requester's name and address (optionaq
a
10285 89th Ave N
6 City, state, and ZIP code
rn
Maple Grove, MN 55369
7 List account number(s) here (optionao
IMM
Taxpayer Identification Number (TIN)
Enter your TIN in the appropriate box. The TIN provided must match the name given on line 1 to avoid Social security number
backup withholding. For individuals, this is generally your social security number (page However, for a -[11
-
resident alien, sole proprietor, or disregarded entity, see the Part I instructions on page 3. For other
entitles, it is your employer identification number (EIN). If you do not have a number, see How to get a
TIN on page 3. or
Note. If the account is in more than one name, see the instructions for line 1 and the chart on page 4 for Employer Identification number
guidelines on whose number to enter.
4 1 - 11T17T65
9 1 7
1071410 Certification
Under penalties of perjury, I certify that:
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Service (IRS) that I am subject to backup withholding as a result of a failure to report all interest or dividends, or (c) the IRS has notified me that I am
no longer subject to backup withholding; and
3. 1 am a U.S. citizen or other U.S. person (defined below); and
4. The FATCA codes) entered on this form (if any) indicating that I am exempt from FATCA reporting is correct.
Certification instructions. You must cross out item 2 above if you have been notified by the IRS that you are currently subject to backup withholding
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instructions on page 3.
Sign Signature of
Here U.S. person 0- X- r� Date 10- G' J V
General Instructions
Section references are to the Internal Revenue Code unless otherwise noted.
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Cat. No. 10231X Form W-9 (Rev. 12-2014)
CITY OF OTSEGO SERVICES CONTRACT
AGREEMENT, made this 22nd day of June, 2015, between the CITY OF OTSEGO, a
political subdivision ("CITY") and Asphalt Contractors Incorporated (ACI)
("CONTRACTOR");
RECITALS
CITY has awarded to CONTRACTOR the job described below,
Description of Project:
Preform crack filling services on trails outlined by the City for $15,485.68.
1. Contract Performance. CONTRACTOR shall complete performance of the
PROJECT in accordance with the ACI proposal dated May 22, 2015.
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.
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:
Asphalt Contractors Inc.
10285 89' Ave. N.
Maple Grove, MN 55369
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 WIEREOF, the parties have executed this Agreement the date above written.
CITY OF OTSEGO
-2
Mayor
City Clerk
CONTRACTOR
IC
Its