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
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(teluen)
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Use Form W-9 only if you are a U.S. person (including a resident alien), to
provide your correct TIN.
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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).
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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