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ITEM 6.1 Reconstruction of Prairie Center parking lotot NNESOTA DEPARTMENT INFORMATION ORGINATING DEPARTMENT: Parks and Recreation PRESENTER(s): Ross Demant, Parks and Recreation Department AGENDA ITEM DETAILS RECOMMENDATION: Request for City Council Action REQUESTOR: Ross Demant, Parks & Recreation Director REVIEWED BY: Lori Johnson, City Administrator Ron Wagner, City Engineer MEETING DATE: May 23, 2016 ITEM #: 6.1 • Recommend approving the contract with Rum River Contracting in the amount of $74,125.00 for the reconstruction of the Prairie Center parking lot. • Recommend approving the contract with Century Fence Company for the construction of a garbage enclosure for $3,799, and having staff install a concrete pad for the enclosure for $1,200. ARE YOU SEEKING APPROVAL OF A CONTRACT? IS A PUBLIC HEARING REQUIRED? Yes I No BAC KG R O U N D/J U ST I F I CATION: The Prairie Center parking lot was constructed in 1993, and since that time the parking lot has been on a preventive maintenance program. Due to the age and current condition of the parking lot, staff is recommending moving forward with a combination of total and partial removal of the existing parking lot surface and overlaying those areas with new asphalt. The area that is recommended for complete removal (full depth milling) is the north entrance, east parking lot, and approximately 50 feet of the south parking lot which is the area on the attached map highlighted in red. The area for partial milling (profile milling) would be the remaining area located to the south and would include the south entrance as well. The original proposal was discussed during the 2015 CIP planning process, at that time $150,000 was the estimate to reconstruct the parking lot which included reconfiguring the north and south entrances to aid with traffic flow. It was determined after further discussion that the entrances did not need to be reconfigured and that the project should be moved to 2016. Staff contacted two contractors to provide quotes for the work on the parking lot at Prairie Center, Rum River Contracting submitting the lowest quote at $74,125. • Rum River Contracting $74,125 • ACI Asphalt & Concrete $82,661.23 Staff also contacted two contractors to provide quotes for a garbage enclosure following specifications provided by the City, Century Fence Company provided the lowest quote at $3,799.00. The following is a breakdown of the quotes from all of the contractors: • Century Fence $3,799.00 • Town and Country Fence $3,950.00 With a new enclosure a concrete pad will need to be installed, staff is recommending that this be done by the Park Maintenance Department due to the timing and coordination of the parking lot milling and setting the posts for the fencing. Staff estimates it will cost approximately $1,200 to install the concrete pad; this price does include material and staff time. Parking Lot Quote $74,125 Garbage Enclosure $4,999 TOTAL $79,124 Amount Budgeted in the CIP 1 $87,600 SUPPORTING DOCUMENTS: X ATTACHED NONE A. Quotes for Reconstruction of the Parking Lots B. Quotes for Construction of the Garbage Enclosure C. Map of Prairie Center Parking Lot D. Summary of CIP Project #BLDG-2016-01 MOTION: (Please word motion as you would like it to appear in the minutes.) Motion to approve the contracts with Rum River Contracting for the reconstruction of the Prairie Center Parking for $74,125 and Century Fence Company for $3,799.00 for the construction of a garbage enclosure. Motion to approve Staff installing the concrete pad for estimated amount of $1,200. RILIDGET INFORMATION FUNDING: BUDGETED: X YES 414- Capital Improvements ❑ NO e • ► r_1.I�r•I ❑ APPROVED AS REQUESTED ❑ DENIED ❑ TABLED ❑ OTHER (List changes) COMMENTS: kci10285 89th Ave. N Maple Grove, MN 55369 Proposal # 2016-0377 Ph. (763) 424-9191 • Fax (763) 424-9190 Asphalt & Concrete, Inc. Date: Tuesday, March 1, 2016 Submitted To: Ross Demant City of Otsego 13400 90th Street NE Otsego, Mn 55330 Contact Information: Phone: (763) 441-4414 Mobile: E-mail: rdemant@ci.otsego.mn.us Revised on March 1, 2016 Site Description: # S120612 Prairie Center 8899 Nashua Ave. NE Otsego, MN 55330 Site Contact: Site Phone: Site Email: Prepared By: David Johnson Contact Information: Mobile: 612-251-7360 Office: 763-424-9191 E-mail: davidj@aciasphalt.com Project Manager: Mike Dietz Mobile: 612-490-6252 Qty Proposed Service(s) & Description(s) Depth 2,275 Sq. Yds. Full Depth Milling Down to Aggregate Base Material 3.5" Service Description Asphalt is removed using a rotary milling machine down to depth noted above, this procedure is typically performed when all of the asphalt in the work area is no longer functional. One mobilization is included unless otherwise specified. ACI is not responsible for utilities damages. 2,275 Sq. Yds. Asphalt Base Lift (MnDot Spec. 2360-SPNWB230B Bituminous) 2" Service Description install the new hot mix asphalt with self propelled paver and compact with vibratoryroller over compacted 0--5 gravel base. The thickness will vary slightly with compaction and contour of area to be paved. 2,275 Sq. Yds. Asphalt Wear Lift (MnDot Spec. 2360-SPWEA240B Bituminous) 1.5" 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. 3,678 Sq. Yds. Profile Milling 1.5" Service Description This is done with rotary mill grinding machines. The entire surface is completely milled off to a uniform depth noted on the proposal. The excess millings are swept up and hauled to a recycling center. This type of milling is performed when drainage is tight and changing the existing grade elevation may impede the flow of water. Professional People, Progressive Solutions www.aciasphalt.com 3,678 Sq. Yds. Asphalt Overlay (MnDot Spec. 2360-SPWEA240B Bituminous) 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. 1 Lump Sum Striping and Lot Marking Service Description Done as per existing or plan using an oil or latex base paint depending on whether being applied over sealer or new asphalt pavement. NOTE: White paint will darken quicker than yellow. Please indicate color if different from existing. (Vehicles need to be cleared and sprinklers need to be turned off.) PAYMENT TERMS 0 Down, Balance Net 15 1.5" $82,661.23 Project Total: $82,661.23 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 resoonsibility 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, Progressive Solutions www.aciasphalt.com Proposal # 2016-0377 kcwi 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 1 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, 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 W-9 Request for Taxpayer Give Form to the Form D (Rev. December Rev.DepadmentottheTreasury Identification Number and Certification requester. Do not send to the IRS. Intemal 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. N 2 Business name/disregarded entity name, if different from above m rn f0 3 Check appropriate box for federal tax classification; check only one of the following seven boxes: 4 Exemptions codes apply only to P , ( Y certain entities, not individuals; see C ❑ Individual/sole proprietor or ❑ C Corporation 0 S Corporation ❑ Partnership ❑ Trustlestate instructions on page 3): 4) c single -member LLC ❑ Limited liability company. Enter the tax classification (C=C corporation, S=S corporation, P=partnership) ► Exempt payee code (if any) 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 code (if any) to � the tax classification of the single -member owner. CC iL ❑ Other (see instructions) ► (A*t" to accounts mat 18k*d outside U* US) !� 5 Address (number, street, and apt. or suite no.) Requester's name and address (optional) u a 10285 89th Ave N a) 8 City, state, and ZIP code to Maple Grove, MN 56369 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 fine 1 to avola t J��,a, �o ,,,,., ^�� backup withholding. For individuals, this is generally your social security number (SSN). However, fora - m - 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 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 IdentiBcatlon number guidelines on whose number to enter. 4 1- 1 1 7 1 6 1 5 1 9 1 7 • , IL Certification 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 ISignature of Date► 00 — l3 ��D1 Here U.S. person 0- Here ylt�+-h �.>� 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.gov/1w9. i 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-B (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. N you do not return Form W-9 to the requester with a TIN, 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) QUOTE Rum River Contracting DATE: MAY 19, 2016 31913 124`h Street Princeton MN 55371 Phone:763-389-3718 Fax: 763-389-3213 TO: Otsego Park and Recreation 8899 Nashua Ave NE Otsego, MN 55330 Attn: Ross Demant SALESPERSON JOB PAYMENT TERMS BID DATE Scott Hultman Prairie Center - Otsego Upon Completion THANK YOU FOR THE OPPORTUNITY TO BID THIS PROJECT. WE LOOK FORWARD TO WORKING WITH YOU. CITY OF OTSEGO SERVICES CONTRACT AGREEMENT, made this 23`d Day of May 2016, between the CITY OF OTSEGO, a political subdivision ("CITY") and Rum River Contracting ("CONTRACTOR"); RECITALS CITY has awarded to CONTRACTOR the job described below, Description of Project: Provide construction services for the reconstruction of the Prairie Center parking lot located at 8899 Nashua Ave NE., Otsego, MN 55330 in the amount of $74,125.00. 1. Contract Performance. CONTRACTOR shall complete performance of the PROJECT in accordance with the Rum River Contracting Quote dated April 8, 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 fiom 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. 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 Secprn (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, ifperformance 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: Rum River Contracting 31913 124' Street Princeton, MN 55371 6. Termination Either party may terminate this agreement on 30 days written notice to the other. 7. Pa3ment 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 OW Mayor 51 CONTRACTOR Its City Clerk To: City of Otsego / Ross 13400 901h St NE Otsego, MN 55330 RE: Prairie Center Dumpster Enclosure Furnish & Install 6' high screening fence & gate: Date of Estimate: 5/04/2016 Terms: Net on Comp. -14' x 7' area, with 14' wide double swing gate at front -28' of 6' High Cedar Privacy Fence -3" Sch.40 posts set in concrete footings -2" x 4" Stringers -1" x 6" x 6' face boards -(1)—12'wide x 6' high chain link double swing gate -w/ PDS privacy slats installed into gate. Total Proiect Price = $3950.00 Thank you, Mark Wassink Commercial Sales Office (763) 425-5050 Fax (763) 425-9006 Cell (612) 968-4945 markwtcfence.com Office (651) 464-7373 ONTURY FEN Toll Free (651) 464-9558 7377 Fax (651) 464-7377 COMPANY #> Cell Phone (612) 309-2148 51NCF 1917 THE MARK OF PERMANENCE sroush@centuryfence.com P.O. Box 277, Forest Lake, MN 55025 5/17/2016 Phone: 763-235-3155 Fax: Proposal To: City of Otsego Ross Demant 13400 90th St. NE Otsego, MN 55330 Ship To: 13400 90th St. NE Otsego, MN 55330 a Installed ❑ Material Only Z Prepaid Freight1:1 Freight Collect F.O.B. Job Site Delivery Schedule: Furnish and Install: 14' by 7' enclosure with steel posts and cedar pickets. 1 - 14' wide by 6' high double swing gate with privacy slatting. Materials and Labor $ 3,799.00 Excludes painting or staining Excludes excavation through rock, frost, or backfill Excludes locating of private utilities Proposal is valid for 20 days Acceptance: This proposal when accepted in writing by purchaser and by Century Fence Company's Main Office becomes a contract between two parties. The conditions on the attached "Terms and Conditions" sheet are made a part of this contract. Terms of Payment: Net Cash upon receipt of invoice. Buyer's signature Date Submitted by Scott Roush CITY OF OTSEGO SERVICES CONTRACT AGREEMENT, made this 23rd Day of May 2016, between the CITY OF OTSEGO, a political subdivision ("CITY") and Century Fence Company ("CONTRACTOR"); RECITALS CITY has awarded to CONTRACTOR the job described below, Description of Project: Provide construction services for the construction of garbage enclosure at the Prairie Center parking lot located at 8899 Nashua Ave NE., Otsego, MN 55330 in the amount of $3,799.00. 1. Contract Performance. CONTRACTOR shall complete performance of the PROJECT in accordance with the Century Fence Company Quote dated May 17, 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. 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, ifperformance and payment secitriol 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: Century Fence Company P.O. Box 277 Forest Lake, MN 55025 6. Termination Either parry 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 LIM Mayor CONTRACTOR s Its City Clerk 060 MINNESOTA Map of Prairie Center Capital Improvement Plan City of Otsego, Minnesota Project It BLDG-2016-01 Project Name Prairie Center Parking Lot Description 2esurfacittg of the existing parking area for the Prairie Center building. 2016 flirt, 2020 Department City Buildings Contact Parks and Recreation Manager - - Type City Buildings Useful Life Category City Buildings Priority n!a Total Project Cost: $97,600 Justification he Prairie Center building was constructed in 1993. The parking lot adjacent to Prairie Center has an asphalt parking area for 164 vehicles. The tavonient has been managed but ahs reached the end of its useful life. The project involves removing the pavement directly east and south of the Wilding. '['he pavement starting approximately 50 away from the south of the builduig to the end of the parking lot will be milled down 1.5 inches Lid overlaid. Expenditures 2016 2017 2018 2019 2020 Total City Buildings 87,600 87,600 Total Funding Sources 87,600 2016 2017 87,600 20 i S 2019 2020 Total 414 - Capital Improvements 87,600 87,600 Total 87,600 87,600 Thundnp, December I', 2015 61 CITY OF OTSEGO SERVICES CONTRACT AGREEMENT, made this 23`d Day of May 2016, between the CITY OF OTSEGO, a political subdivision ("CITY") and Prairie Restoration Inc. ("CONTRACTOR"); RECITALS CITY has awarded to CONTRACTOR the job described below, Description of Project: Provide installation of prairie grass at Northwood Park in the amount of $5,478.22 following the plans and specifications provided by the City. 1. Contract Performance. CONTRACTOR shall complete performance of the PROJECT in accordance with the Prairie Restoration Quote dated April 26, 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. 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 Segprn (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, ifperformance 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: Prairie Restoration Inc. 31646 128' Street Princeton, MN 55371 6. Termination Either party may terminate this agreement on 30 days written notice to the other. 7. PUrn 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 Mayor CONTRACTOR Its City Clerk