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ITEM 3.7 Crack repair on trailsot NNESOTA DEPARTMENT INFORMATION Request for City Council Action ORGINATING DEPARTMENT: REQUESTOR: MEETING DATE Parks and Recreation Ross Demant, Parks and Recreation Manager October 12, 2015 PRESENTER(s) Consent Agenda AGENDA ITEM DETAILS REVIEWED BY: Lori Johnson, City Administrator ITEM #: 3.7 RECOMMENDATION: Staff recommends the approval of the quote from Asphalt Contractors Incorporated (ACI) in the amount of $9,514.32 for approximately 12,717 lineal feet of crack repair throughout the City of Otsego's trail system. ARE YOU SEEKING APPROVAL OF A CONTRACT? IS A PUBLIC HEARING REQUIRED? No No BAC KG R O U N DM U ST I F I CATION : In June of this year trail maintenance was complete on the portion of the Odean trail between 851h Avenue and 70th Street. The work included patching, crack repair, overlay, and sealing the trail. The amount totaled $15,485.68. This work was included with the City's 5 year Capital Improvement Plan which identifies $25,000 annually for trail maintenance. As part of the ongoing trail maintenance plan, annual crack repair is required to keep a safe sturdy surface for trial users. Last year the City repaired approximately 32,700 lineal feet of cracks in the trail system. Staff is recommending that the remaining balance of $9,514.32 from the 2015 annual trial maintenance fund be used for crack repair throughout 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 $9,514.32 for approximately 12,717 lineal feet of crack repair throughout the City of Otsego's trail system. BUDGET INFORMATION FUNDING: BUDGETED: X YES Fund #202 Trail Management Fund NO 10285 89th Ave. N. • Maple Grove, MN 55369 Proposal # 2015-1895 ¢ Ph. (763) 424-9191 • Fax (763) 424-9190 Asphalt Contractors, Inc. Date: Thursday, June 18, 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: # S120613 Various Trails in Otsego Various Trails in Otsego Otsego, MN 55330 Site Contact: Site Phone: Site Email: Prepared By: }i David Johnson j Contact Information: Mobile: 612-251-7360 Office: 763-424-9191 E-mail: davidj@aciasphalt.com Project Manager: Chad Kayser Mobile: 763-688-5532 Ross 4,641 pounds of material will get you approximately 12,717 lineal feet of cracks, when you band those very large cracks they can use a lot of rubber. Qty Proposed Service(s) & Description(s) Depth 4,641 Pounds Cracksealing - Rout and Seal (Unit Price of $2.05/Pound) Service Description Cracks 114" or larger are mechanically routed out approximately 3/4"by 314" Cracks are cleaned of dirt and debrls 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 alr temp. NOTE.' As material cools it will settle and shrink slightly into the reservoir. Previously sealed cracks can not be routed. (Vehicles need to be cleared and irrigation systems need to be turned off.) Cracksealing - Clean and Seal (Unit Price of $2.05/Pound) $9,514.32 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.) PAYMENT TERMS I 0 Down, Balance Net 15 Project Total: $9,514.32 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 responsibility 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 Jun 18, 2016 vmpm. ci asphalt Goin Proposal # 2015-1895 TERMS, CONDITIONS & GUARANTEE Asphalt contractors, Inc. ACI Asphalt & Concrete, Inc, hereafter referred to as "A Cl" 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 "ACI" 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. "ACI' 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, SACAIVAC 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 InitiaDate] Professional People, Progressive Solutions wnwirv.acia S P i'ieaitca_ 111 Fonu (Rev. December 2014) Dcpartrnent of the Treasury Internal Revenue Servire 1 Name (as shown on your income tax M Request for Taxpayer Give Form to the requester, Do not Identification Number and Certification Send to the IRS. ACI Asphalt & Concrete, Inc, 2 Business name/disregarded entity name, if required on this lirw;`do not leave this line above 3 Cheek appropriate box for federal tax classificatiow check only one of the following seven boxes' (-] Indrciduallsole prop �tor or -1C Corporation j✓] S Corporation ❑ Partnership ] Trusttestate single -member LLC j`] Limited liability company. Enter the tax classification (C=C corporation, S=S corporation, P=partnership) w Note. For a single -member LLC that is disregarded, do not check Lt_C; check the appropriate box in the line above for the tax classification of the single -member owner. _❑ other (see instructions) m _ 5 Address (number, street, and apt- or suite no.) lom 89th Ave N — -- .... 6 City, state, and ZIP code Maple Grove, MN 55369 7 List account numbers) here (optional) 4 Exemptions (codes apply only to certain entities, not individuals; see instructions on page 3): Exempt payee cede fit any) Exemption from FATCA reporting code (if any) Us name and Enter your TIN in the appropriate box. The TIN provided inust match the name given on line 1 to avoid �Sociat security number J backup withholding.For individuals, this is generally our social security number SSN . However, for a— 9 Y Y Y ( ) ( f E resident alien, sole proprietor, or disregarded entity, see the Part I instructions on page 3, For other entities, it is your employer identification number (EiN). If you do not have a nkiniber, see Now 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 rdentiffcatron number guidelmes on whose number to enter. ( A I I I _ I tt I� I r� r f 4 Certification Under penalties of perjury, I certify that: t. The number shown on this form is my correct taxpayer identification number (or 1 am waiting for a number to be issued to me); and 2. 1 am not subject to backup withholding because: (a) I am exempt from backup withholding, or (b) I have not been notified by the Internal Revenue Service (IRS) that t 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 arm no longer subject to backup withholding; and 3, 1 am a U.S. citizen or other U.S. person (defined below); and ,1- The FATCA code(s) entered on this form (if any) indicating that I am exempt from FATCA repoitfng 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 because you have failed to report all interest and dividends on your tax return. For real estate transactions, item 2 does not apply, For mortgage interest paid, acquisition or abandonment of secured property, cancellation of debt, contributions to an individual retirement arrangement (IRA), and generally, payments other than interest and dividends, you are not required to sign the certification, but you must provide your correct TIN. See the instructions on page 3, Sign i Signature of l L w' l 1 =' > `"• Here u,s. person m c-r,, r W i - Date s G �7 , _ ) General Instructions Section references are to the Internal Revenue Code unless otherwise noted. Future developments. Information about developments affecting Forni W 9 (such as legislation enacted after we release it) is at www.irs.90vllvr9. Purpose of Form An individuat or entity (Form W-9 requester) who is required to file an information retum with the IRS must obtain your correct taxpayer identification number (TIN) which may be your social security number (SSN), individual taxpayer identification number (ITIN), adoption taxpayer identification number (ATIN), or employer identification number (EIN), to report on an information return the amount paid tc yod, or other amount reportable on an information return. Fxamples of information returns include, but are not !united to, the following: • Forn 1099-INT (interest earned or paid) • Form 1099-DIV (dividends, Including incise horn storks or mutual funds) • Form 1099-f✓<ISC (various types of Incorne, prizes, awards, or gross proceeds) • Form 1099-8 (stock or mutual fund sales and certain other transactions by brokers) • Form 1099-S (proceeds from real estate transactions) • Form 1099-K (merchant card and third party network transactions) • Form W98 (home mortgage interest), 109E-F (student loan interest). 1098-T (teluen) • Form 1099-C (canceled debt) • Form 1099•A (acquisition or abandonment of secured property) Use Form W-9 only if you are a U.S. person (including a resident alien), to provide your correct TIN. If you do not return Form W-9 to file requester with a TIN, you might ba sublecf to backup withhofding. See What is backup withholding? on page 2. By signing the filled -out form, you: 1. Certify that the TIN you are giving is correct (or you are wading for a number to be issued). 2. Certify that you are not subject to backup,.-o hholding, or 3. Cla1m exemption Born backup withholding if you are a U.S. exempt payee. If applicable, you are also certifying that as a US. person, your allocable share of any partnership income from a U.S. trade or business is not subject to the withholding tax on foreign partners' share of effectively connected income, and 4 Certify that FATCA code(s) entered on this form (if any) indicating Inat you are exempt front the FATCA reporting, is correct. See What is FATCA reporting? on page 2 for further information. Cat_ No. 10231 X Form W-g (Rev 12-2014) CITY OF OTSEGO SERVICES CONTRACT AGREEMENT, made this 12th day of October 2015, between the CITY OF OTSEGO, a political subdivision ("CITY") and Asphalt Contractors Incorporated (ACT) ("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 $9,514.32. 1. Contract Performance. CONTRACTOR shall complete performance of the PROJECT in accordance with the ACI proposal dated June 18, 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. 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 pei formance 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 89t' 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 WHEREOF, the parties have executed this Agreement the date above written. CITY OF OTSEGO Im Mayor City Cleric CONTRACTOR Its