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ITEM 3.6 Trail MaintanenceCam; �F to SOTA DEPARTMENT INFORMATION Request for City Council Action ORGINATING DEPARTMENT: REQUESTOR: MEETING DATE: Parks and Recreation Ross Demant, Parks and April 11, 2016 Recreation Director PRESENTER(s) REVIEWED BY: ITEM #: Consent Agenda Lori Johnson, City Administrator 3.6 Ron Wagner, City Engineer AGENDA ITEM DETAILS mm RECOMMENDATION: Staff recommends the approval of the quote from Asphalt Contractors Incorporated (ACI) to complete crack sealing and seal coating on trails outlined on the trail schedule. ARE YOU SEEKING APPROVAL OF A CONTRACT? IS A PUBLIC HEARING REQUIRED? No No BACKGROUND/JUSTIFICATION: Each year the City budgets $25,000 in the Capital improvement Plan for preventative maintenance on the trails. This money is used for crack sealing, seal coating, patching, and overlaying trails throughout the City. Staff maintains detailed records of when trail work is done and uses this information along with the current conditions of the trails to prioritize the trail maintenance list. Attached is the current trail maintenance list with the proposed trail work for 2016. Staff has received two quotes for the 2016 trail work, Asphalt Concrete, Inc. (ACI) provided the lowest of the quotes. The City has worked with ACI over the past two year their trail maintenance and have been satisfied with the results. SUPPORTING DOCUMENTS: X ATTACHED ❑ NONE A. Quote from Asphalt Contractors Incorporated (ACI) B. Asphalt Contractors Incorporated (ACI) Services Contract C. Trail Maintenance Schedule 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 trail maintenance work on miscellaneous trials in the City of Otsego. BUDGET INFORMATION FUNDING: I BUDGETED: X YES Fund #202 Trail Management Fund NO ACTION TAKEN ❑ APPROVED AS REQUESTED ❑ DENIED ❑ TABLED ❑ OTHER (List changes) COMMENTS: TRAIL MAINTENANCE SCHEDULE Location Paved Overlay Treated Sealed Coaesurtaced ted CracklFilled R Proposed for 2016 Prairie Park Trail 1992 2011 2014 Odean (39 to 85th) ''1998 2008,`2013 2014 Ohland Trail 1998 2011 '.. 2015 Treated/ Crack Filled Odean (85th to 37th) 2000 2015 Partial 2008,2015 2014 Treated / Crack Fill Quaday Trail 2000 2006,2013 The Pointe Trail ::2001 2012 Kader Trail (39 to 101st) 2003 2009: 2014 Treated/ Crack Filled Page Trail .(39.to 85th) >- `2003 2008,`2013 2015 Page Trail (85th to 78th) ` =2003 + :2008,2012 - 2015 Prairie. Park Trail: Expansion 42003 2012 -- School Knoll Trail 2003 2009 '. Treated/ Crack Filled Waterfront West Trail 2003 2012 Treated/ Crack Filled 85th Street Trail 2004 2008, 2013 :2014 MaciverTrial South: of 77th `:2005 2012 Nashua Ave. (South) 2005 2012 :. =2015 Zimmer: Farm Trail i2005 2012 ` 2014 Beaudry Trails 2006 2012 ;ec 2014 KaderTrail (101st to Norin Landing)', 2006 2011 2014 Treated/ Crack Filled Kittredge Trail 2006 2007,2013 2014 Maciver Trail North of 77th `>2006 2012 C.S.A.H. 42 2007 2011 2014 : Treated/ Crack Filled Frankfort Park Trail 2007 2011 Treated/ Crack Filled Queens Trail 2007 2011< Treated/ Crack Filled Randolph Trail 2007 2011 Treated/ Crack Filled School Trials - 2007 2011 Treated/ Crack Filled Waterfront East Trail '2008 2012 75th Street Trail (Odean to Page) 2009 2011 + 2015 Treated/ Crack Filled 78th Srteet Trail (Page to'.Quaday) :. `2009 '. 2008,2013 -2015 Wildflower Trail 2009 2011 Treated/ Crack Filled Nashua Ave._(Nort h) 2011 2015 -: Treated/ Crack Filled Otsego Elementary Trail 2011 Treated/ Crack Filled 70th Street Trail Street(Maciver to Martin Farm: Rd) 2015 Prairie Park Trail Expansion 2 =2015 89th Ave. N • Maple Grove, MN 55369 Proposal # 2016-0376 kci10285 Ph. (763) 424-9191 • Fax (763) 424-9190 Asphalt & Concrete, Inc. Date: Tuesday, March 1, 2016 GBy: Submitted To: _ Site Description: # S120613 Prepared Ross Demant Various Trails in Otsego David Johnson City of Otsego Various Trails in Otsego Contact Information: 13400 90th Street NE Otsego, MN 55330 Mobile: 612-251-7360 Otsego, Mn 55330 Office: 763-424-9191 Contact Information: Site Contact: E-mail: davidj@aciasphalt.com Phone: (763) 441-4414 Site Phone: Project Manager: Mobile: Site Email: Mike Dietz E-mail: rdemant@ci.otsego.mn.us Mobile: 612-490-6252 Fax: (763) 441-8823 Qty Proposed Service(s) & Description(s) Depth 364,963 Sq. Ft. Star Seal Micro Pave Pro Emulsion Sealer (Unit Price $.0685/Square Foot) $25,000.00 Service Description Clean asphalt with power blowers and sweeper if needed. Apply Star Seal Micro Pa ve 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: $25,000.00 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 ;I } of Mar 1, 2016 Pavement Consultant David Johnson Accepted Authorized Signature Professional People, Progressive Solutions www.aciasphalt.com Proposal # 2016-0376 kci TERMS, CONDITIONS & GUARANTEE Asphalt & Concrete, Inc. ACI Asphalt & Concrete, Inc.. hereafter referred to as ACI" 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, SACAdAC 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 W-9 Request for Taxpayer Give Form to the Form (Rev. December2014) (Rev. December er2014)he Identification Number and Certification requester. Do not send to the IRS. ent Internal Revenue 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. _ C` 2 Business name/disregarded entity name, if different from above w s a 3 Check appropriate box for federal tax classification; check only one of the following seven boxes: 4 Exem tions codes apply only to P , . ( Y certain entities, not individuals; see o ❑ Individual/sole proprietor or ❑ C Corporation [] S Corporation ❑ Partnership ❑ Trust/estate instructions on page 3): m .0 single -member LLC ❑ Limited liability company. Enter the tax classification (C=C corporation, 8=5 corporation, P=partnership) ► Exempt payee code (if any) o 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 c the tax classification of the single -member owner, code (if any) d C ❑Other (see instructions) is (4pA s to ac Iw malnfa:irad oursida ft US) 5 Address (number, street, and apt. or suite no.) Requester's name and address (optional) U a 10285 89th Ave N 6 City, stale, and ZIP code rn Maple Grove, MN 55369 J 7 List account number(s) here (optional) 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 - m J 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 MI 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 r Employer identification number guidelines on whose number to enter. �j 11 � - 1 7 F6T_5T91 1 F7l Under penalties of perjury, I certify that: 1. The number shown on this form is my correct taxpayer identification number (or I 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 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 1 ant 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 code(s) 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 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 Signature of Here I U.S. person ► e/ya�ey. 5r. Date ► Gt o ' /'') )- U f General Instructions Section references are to the Internal Revenue Code unless otherwise noted. Future developments. Information about developments affecting Form W-9 (such as legislation enacted after we release it) is at wwwJrs.gov1fw9. Purpose of Form An individual or entity (Form W-9 requester) who is required to file an information return 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 to you, or other amount reportable on an information return. Examples of information returns include, but are not limited to, the following: • Form 1099-INT (interest earned or paid) • Form 1099-DIV (dividends, including those from stocks or mutual funds) • Form 1099-MISC (various types of income, prizes, awards, or gross proceeds) • Form 1099-6 (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 1098 (home mortgage interest), 1098-F (student loan interest), 1098-T (tuition) • 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 you correct TIN. If you do not return Form W-9 to the requester with a M, you might be subject to backup withholding. 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 waiting for a number to be issued), 2. Certify that you are not subject to backup withholding, or 3. Claim exemption from backup withholding If you are a U.S. exempt payee. If applicable, you are also certifying that as a U.S. 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 that you are exempt from the FATCA reporting, is correct, See What is FATCA reporting? on page 2 for further Information, Cat No.10231X Form w-9 (Rev.12-2014) 89th Ave. N • Maple Grove, MN 55369 Proposal # 2016-0375 kci10285 Ph. (763) 424-9191 • Fax (763) 424-9190 Asphalt & Concrete, Inc. Date: Tuesday, March 1, 2016 Submitted To: Site Description: # S120613 Prepared By: Ross Demant Various Trails in Otsego David Johnson City of Otsego Various Trails in Otsego Contact Information: 13400 90th Street NE Otsego, MN 55330 Mobile: 612-251-7360 Otsego, Mn 55330 Office: 763-424-9191 Contact Information: Site Contact: E-mail: davidj@aciasphalt.com Phone: (763) 441-4414 Site Phone: Project Manager: Mobile: Site Email: Mike Dietz E-mail: rdemant@ci.otsego.mn.us Mobile: 612-490-6252 1,667 pounds will yield approximately 5,000 lineal foot of cracks sealed. Qty Proposed Service(s) & Description(s) Depth 1,667 Pounds Cracksealing - Rout and Seal (unit Price of $2.05/Pound) $3,417.35 Service Description Cracks 114" or larger are mechanically routed out approximately 314" by 314" 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.) PAYMENT TERMS 0 Down, Balance Net 15 Project Total: $3,417.35 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 Mar 1, 2016 Pavement Consultant David Johnson Accepted Authorized Signature Professional People, People, Progressive Solutions www.aciasphalt.com Proposal # 2016-0375 A aft 9 TERMS, CONDITIONS & GUARANTEE Asphalt & Concrete, Inc. ACI Asphalt & Concrete, Inc.. hereafter referred to as ACI' 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 1-1/27 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, SAC/WAC 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 Request for Taxpayer Give Form to the (Rev. December 2014) Identification Number and Certification requester. Do not send to the IRS. Do of the Treasury ;rent Internal Revenue 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. r`i 2 Business name/disregarded entity name, If different from above ar c 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 ❑ .Individual/sole proprietor or ❑ C Corporation ❑ S corporation El Partnership ❑ Trust/estate instructions on page 3): d to c °- o �' single -member LLC ❑ Limited liability company. Enter the tax classification (C=C corporation, S=S corporation, P=partnershlp) ► Exempt payee code (if any) U o 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 N the tax classification of the single -member owner, code (if any) ac . ❑ Other (see instructions)11- tgcpr'vs toa .Mma' I."n dwftsde rho usi KU 5 Address (number, street, and apt. or suite no.) Requester's name and address (optional) 0 10285 89th Ave N 6 City, state, and ZIP code in Maple Grove, MN 55369 7 List account number(s) here (optional) J= 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 I �� backup withholding. For individuals, this is generally your al security number (page However, for a - m -1= resident alien, sole proprietor, or disregarded entity, see thee Part page art I instructions on 3. For other entities, 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 1 1 7 1 6 1 5 1 9 1 7 Under penalties of perjury, I certify that: 1. The number shown on this form is my correct taxpayer identification number (or I 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 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 1 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 code(s) 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 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 Signature of y Here I U.S. person)- %r•y, {. �P", Date ► 0 0 13 U General Instructions Section references are to the Internal Revenue Code unless otherwise noted. Future developments. Information about developments affecting Form W-9 (such as legislation enacted after we release it) is at www.irs.9ov/tw9. Purpose of Form An individual or entity (Form W-9 requester) who is required to file an information return 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 to you, or other amount reportable on an information return. Examples of information returns include, but are not limited to, the following: • Form 1099-INT (interest earned or paid)' • Form 1099-DIV (dividends, including those from stocks or mutual funds) • Form 1099-MISC (various types of income, 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 1098 (home mortgage interest), 1098-E (student loan interest), 1098-T (tuition) • 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 the requester with a TlN, you might be subject to backup withholding. 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 waiting for a number to be issued), 2. Certify that you are not subject to backup withholding, or 3. Claim exemption from backup withholding if you are a U.S. exempt payee. If applicable, you are also certifying that as a U.S. 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 codes) entered on this form (if any) Indicating that you are exempt from the FATCA reporting, is correct. See What is FATCA reporting? on page 2 for further Information. Cat. No. 10231X Form W-9 (Rev. 12-2014) CITY OF OTSEGO SERVICES CONTRACT AGREEMENT, made this l 1th day of April 11, 2016, 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 and seal coating services at various park locations throughout the City of Otsego. 1. Contract Performance. CONTRACTOR shall complete performance of the PROJECT in accordance with the ACI proposal dated March 1 st, 2016. 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, ifperfor°mance 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 WHEREOF, the parties have executed this Agreement the date above written. CITY OF OTSEGO Im Mayor City Clerk CONTRACTOR :A Its