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ITEM 3.5 Parking lot/Trail maintenanceF Otsezo MINNESOTA DEPARTMENT INFORMATION Request for City Council Action ORIGINATING DEPARTMENT REQUESTOR: MEETING DATE: Parks & Recreation Parks and Recreation Manager Demant July 24, 2017 PRESENTER(s) REVIEWED BY: ITEM #: Consent City Administrator/Finance Director Flaherty 3.5 AGENDA ITEM DETAILS RECOMMENDATION: Staff recommends entering into a contract with ACI Asphalt and Concrete in the amount of $20,426.62 for trail & parking lot maintenance. ARE YOU SEEKING APPROVAL OF A CONTRACT? IS A PUBLIC HEARING REQUIRED? Yes No BACKGROUND/J USTI FICATION: The City identifies $25,000 annually in the Capital Improvement Plan for maintenance and repair of trails and park facility parking lots. In addition to trail and parking lot maintenance funding, Staff maintains maintenance records and conducts annual inspections to determine a priority list for maintenance. This list below is the proposed maintenance that staff is proposing for 2017. This year, staff received quotes from three contractors and identified ACI Asphalt and Concrete as having the lowest quoted amount while still meeting the criteria outlined in the request for quote packet. ACI has provided trail maintenance for the City in 2015 and 2016 and staff is recommending to contract with them to provide trail and parking lot maintenance in 2017. :LOCATION CRACK FILL/ FOG SEAL Beaudry Park Crack Fill &Treat Zimmer Park Crack Fill &Treat Prairie Center Park Lot Crack Fill Page Ave (County RD 39 Crack Fill &Treat t0 88th) Page Ave 85th Street to 75th Street Crack Fill &Treat Quaday Ave (78th Street to 70th Street Crack Fill &Treat Quaker Ave (Quaday to 70th Street Crack Fill &Treat Mason Ct to 67th Street Crack Fill &Treat 69th Street to 67th Court Crack Fill &Treat SUPPORTING DOCUMENTS ATTACHED: • Quote from ACI Asphalt and Concrete • Quote from Fahrner Asphalt Sealers • Quote from Erickson Asphalt Services • ACI Asphalt and Concrete Service Contract POSSIBLE MOTION PLEASE WORD MOTION AS YOU WOULD LIKE IT TO APPEAR IN THE MINUTES: Motion to contract with ACI Asphalt and Concrete to provide trail and park facility parking lot maintenance in the amount of $20,426.62. BUDGET INFORMATION FUNDING: BUDGETED: Fund #202 Trail Management Fund Yes kcwi Asphalt & Concrete, Inc. 10285 89th Ave. N • Maple Grove, MN 55369 Ph. (763) 424-9191 • Fax (763) 424-9190 Date: Monday, July 10, 2017 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 Fax: (763) 441-8823 Site Description: # S120613 Various Trails in Otsego Various Trails in Otsego Otsego, MN 55330 Site Contact: Site Phone: Site Email: Proposal # 2017-2012 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 9,292 Lr. Ft. Cracksealing - Rout and Seal $9,663.68 Service Description Cracks i/4" or larger are mechanically routed out approximately 3/4" by 3/4': Cracks are cleaned of dirt and debris prior to placing hot rubberized crack sealer. Crack sealer will be placed, which leaves a 3"band on pavement. Crack sealer set up time depends on the air temp. NOTE.- As material cools it will settle and shrink slightly. Previously sealed cracks cannot be routed. ( Vehicles need to be cleared and irrigation systems need to be turned off.) 104,692 Sq. Ft. Star Seal Micro -Pave Pro -Blend Sealer Service Description Clean asphalt with power blowers and sweeper as needed. Apply Asphalt Emulsion Sealer at a rate of 50-60 square feet per gallon. Sealer will be modified with 2lbs. of Black Diamond 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 30 $10,762.94 Project Total: $20,426.62 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 Derformed. This proposal may be withdrawn at our option if not accepted within 7 days ;? of Jul 10, 2017��/(f Pavement Consultant David Johnson Accepted Authorized Signature Professional People, Progressive Solutions www.aciasphalt.com Arr_% i Proposal # 2017-2012 TERMS, CONDITIONS & GUARANTEE Asphalt & Concrete, Inc. ACI Asphalt & Concrete, Inc.. hereafter referred to as `ACP' Asphalt Guarantee Fully covering labor, and materials against breakup for a period of year(s). Any request made to "ACP' 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. "ACP' shall not be liable for water ponding or retention in surrounding areas of patching due to current grades or construction method chosen. Guarantee does not cover damage caused by acts of third parties. Sealcoat Guarantee "ACP" will guarantee sealers(Asphalt emulsions and Blended sealers) from chipping and peeling for a period of 1 year. This guarantee does not include wearing of sealer and adherence of sealer to oil spots, hydraulic spots and tree sap. Guarantee does not cover damage caused by acts of third parties. Terms: Terms are as stated above. If payment is not made in accordance with the above terms, the customer agrees to pay any collection, legal fees and interest for any unpaid balances. Interest will accrue at a rate of .66% per month from the date of completion. Terms of guarantee are contingent upon receipt of final payment. PRICE is based on specifications and estimates as shown on the 'Proposal & Agreement'. Field measurements may be made when the job is completed and any changes of specifications, areas, tonnage, or gallonages will correspondingly change the completed price. One mobilization charge is included in price, unless stated on the "Proposal & Agreement'. Additional mobilization charges will be at the rate set forth in agreed upon change order which is made part and parcel of these conditions and "Proposal & Agreement'. ADDITIONAL CHARGES may become necessary if permit(s), extra equipment time, extra materials, or extra labor would become necessary to complete this job, if subgrade is not up to acceptable specifications or requirements or if extra services and/or materials are requested in writing by the owner or general contractor of their respective authorized supervisory employees. "ACI" shall not be held liable for damage to surrounding areas of driveway or parking lot due to poor subgrade, moisture, or other unforeseen circumstance. Additional charges would be in accordance with the agreed upon change order which is made part and parcel of these conditions and 'Proposal & Agreement'. "ACI" reserves the right to refuse additional equipment time, extra materials or extra labor if it would interfere with advanced scheduling with other customers with whom previous commitments had already been extended. Conditions: The above prices, specifications and conditions are satisfactory and are hereby accepted. You are contracted to do the work as specified and the stated payment terms are acceptable. All material is guaranteed to be as specified. All work is to be completed in a workmanlike manner in accordance to standard construction practices. Any deviation from this proposal or extra work will be executed only upon owner or owners agent orders and may become an extra charge over and above this agreement. All agreements are contingent upon delays beyond our control. Property owner to carry fire, tornado and any other necessary insurance. We do not guarantee against pavement cracking from weather cycles and water ponding or retention due to pre-existing grade conditions. We cannot guarantee drainage or against water ponding on new asphalt without adequate slope. In flat areas water will not drain unless there is more than 1-1/2" of fall per 10 feet. "ACP' shall not be liable for damage to adjoining concrete flat work by asphalt installation equipment during standard construction procedures. Proposal excludes the following unless otherwise stated in the proposal: Permits, Excavation, Staking, Material Testing, Sod Restoration & Landscaping, Manhole/Catch Basin/Gate Valve Adjustments or Repairs, Vegetation Removal, 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 (Rev. Depar Intern C4 a) m Q. c 0 a CLo .�U o c ri U C ) m m rn r ust account number(s) note topnonap Enter your TIN In the appropriate box. The TIN provided must match the name given on line 1 to avoid Bequest for Taxpayer backup withholding. For individuals, this Is generally your social security number (Sag). However, fora resident alien, sole proprietor, or disregarded entity, see the Part I instructions on page 3. For other Give Form to the Dent 2oeas Identification Number and Certification _ � ^ requester. ®o not ofth latent of the Treasury it Revenue Service send to the IFIS. 1 Name (as shown on your income tax return). Name Is required on this line; do not leave this line blank. or ACI Asphalt & Concrete Inc I Employer Identification number 2 Business name/disregarded entity name, if different from above 3 Check appropriate box for federal tax classification; check only one of the following seven boxes: 4 Exemptions (codes apply only to ❑IndivlduaVsoleproprietor or ❑ C Corporation Q S Corporation ❑ Partnership ❑ Trust/estate certain entities, not Individuals; see instructions on page 3): single -member LLC ❑ Llmited liability company, Enter the tax classification (C=C corporation, S=S corporation, P=partnership) 1D.— Exempt payee code Of any) Note. For a single -member LLC that is disregarded, do not check LLC; check the appropriate box In the Ilne above for Exemption from FATCA reporting the tax classification of the single -member owner, code Of any) El Other (see Instructions) ® (lMppfi'n 10 accarnis ma n e7nad soh de 1h• U.S.) 5 Address (number, street, and apt. or suite no.) Requester's name and address (optional) 10285 89th Ave N 6 City, state, and ZIP code Maple Grove, MN 55369 r ust account number(s) note topnonap 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 (Sag). However, fora 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 Flow 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 I Employer Identification number guidelines on whose number to enter, 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 1 am subject to backup withholding as a result of a failure to report all Interest or dividends, or (c) the IRS has notified me that I am no longer subject to backup withholding; and 3. 1 am a U.S, citizen or other U.S. person (defined below); and 4. The FATCA 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. 719n I signature of l/ Were U.S. person � 01 C� Data ® 3 - 15_.1 17 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.frs.gov/1w9. 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 1090 (home mortgage interest), 1098-E (student loan Interest), 1099-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 TIN, you might be subject to backup withholding. See What is backup withholding? on page 2. By signing the filled -out form, you: I. 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 Of 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 24t` day of July, 2017, 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 surface treatment services at various park locations throughout the City of Otsego. Contract Performance. CONTRACTOR shall complete performance of the PROJECT in accordance with the ACI proposal dated July 10, 2017. 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, 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: 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 O Mayor City Clerk CONTRACTOR :A Its PROPOSAL/CONTRACT Job. No. PLOVER,WI 64467 WAUNAKEE, WI 53597 2800 Mecca Drive 316 Raemisch Road Ph.: 715.341.2868 Ph.: 608.849.6466 Fax: 715.341.1054 Fax: 608.849.6470 KAUKAUNA, WI 54130 EAU CLAIRE, WI 54703 860 Eastline Road 6615 U.S. Hwy 12 W Ph.: 920.759.1008 Ph.: 715.874.6070 Fax: 920.759.1019 Fax: 715.874.6717 Date: July 12, 2017 FREDERIC, WI 54837 SAGINAW, MI 48601 3468 115th Street 2224 Veterans Memorial Pkwy Ph.: 715.653.2535 Ph.: 989.752.9200 Fax: 715.653.2553 Fax: 989.752.9205 DUBUQUE, IA 52002 OAKDALE, MN 56128 Pavement Maintenance Contractor 7680 Commerce Park 7500 Hudson Blvd., Ste. 305 Ph.: Section C Ph.: 651.340.6212 231 EE0/AA Employe' Fax: 563.5881240 Fax: 651.340.6221 CORPORATE OFFICE: 1.800.332.3360 Contact Name: Ross Demant Contract Price $42,158.95 PURCHASER: City of Otsego ADDRESS: 8899 Nashua Ave NE Otsego, MN 55330 TELEPHONE: (763) 441-4414 DESCRIPTION OF PROPERTY: City of Otsego Trails 8899 Nashua Ave NE Otsego, MN 55330 1. FAHRNER Asphalt Sealers, L.L.C. (CONTRACTOR) and PURCHASER agree that, CONTRACTOR shall furnish the labor and materials to complete certain construction in accordance with the following specifications: CRACKSEALING: Blow out and clean cracks with compressed air and heat lance. Seal cracks with a rubberized asphalt crack sealant. This material exceeds Fed Spec ASTM D6690 Type II Crackfilling does not include alligatored areas SEALCOAT: Sweep asphalt clean with vacuum sweeper and/or air blowers. Prime oil spots with penetrating primer. Apply 1 coat of emulsion sealcoat. Sealer will be blended with fractured sand and rubber modifier to provide superior mix design. ***DISCLAIMER: Asphalt emulsion sealers and resurfacers may be adversely affected by materials and conditions such as: tree saps, surfactants, soaps, waxes, and excessive shaded areas. Sealing of these affected areas is at owners risk and is subject to exclusion of material and workmanship warranty described herein.*** Owner to trim back all trees along trails min 10' to provide adequate access. To sweep trails and scrape sediment from trails prior to Fahrner Asphalt performing work. See attached A document that shows all the trails that are included in the proposal. This proposal may be withdrawn if not accepted and received by CONTRACTOR within 20 days of the date above and/ or at any time before performance of the work hereunder upon CONTRACTOR'S determination that the PURCHASER is not creditworthy. 2. If proposal is accepted please sign, retain one copy and forward a copy to our office. 3. The undersigned ("PURCHASER") agrees to pay CONTRACTOR the total price of $42,158.95 and/or the unit prices specified above for the labor and materials specified above which payment shall be due upon completion of each stage of work. PURCHASER acknowledges that the specifications, conditions and price quotes specified above are satisfactory and hereby accepted. Acceptance of this Proposal includes acceptance of all the terms and conditions on back. CONTRACTOR: PURCHASER: Fahrner Asphalt Sealers, LLC:Cell: (320) 241-1537 1 have read and understand the terms and conditions on both sides wally.putz@fahrnerasphalt.com of this contract. Wal (PRINT OR TYPE NAME) BY (CgN-TRACTOR REPRESENTATIVE) By: (PRINT OR TYPE NAME) (PURCHASER AUTHORIZED REPRESENTATIVE) Date: July 12, 2017 Date of acceptance: TERMS AND CONDITIONS NOTICE OF LIEN RIGHTS AS REQUIRED BY THE WISCONSIN CONSTRUCTION LIEN LAWS, CONTRACTOR HEREBY NOTIFIES OWNER THAT PERSONS OR COMPANIES FURNISHING LABOR OR MATERIALS FOR THE CONSTRUCTION ON OWNER'S LAND MAY HAVE LIEN RIGHTS ON OWNER'S LAND AND BUILDING IF NOT PAID. THOSE ENTITLED TO LIEN RIGHTS, IN ADDITION TO THE UNDERSIGNED CONTRACTOR, ARE THOSE WHO CONTRACT DIRECTLY WITH THE OWNER OR THOSE WHO GIVE THE OWNER NOTICE WITHIN SIXTY (60) DAYS AFTER THEY FIRST FURNISH LABOR OR MATERIALS FOR THE CONSTRUCTION. ACCORDINGLY, OWNER PROBABLY WILL RECEIVE NOTICES FROM THOSE WHO FURNISH LABOR OR MATERIALS FOR THE CONSTRUCTION, AND SHOULD GIVE A COPY OF EACH NOTICE RECEIVED TO THE MORTGAGE LENDER, IF ANY. CONTRACTOR AGREES TO COOPERATE WITH THE OWNER AND THE OWNER'S LENDER, IF ANY, TO SEE THAT ALL POTENTIAL LIEN CLAIMS ARE DULY PAID. ACCEPTANCE OF WORK All labor and material is conclusively accepted as satisfactory unless accepted to in writing within seven (7) days of performance. EXTRA WORK All alterations or deviations from any of the terms of this contract shall be in writing and executed by the parties hereto. Any extra cost involved therein will become an extra charge to be paid by PURCHASER over and above the contract price. PURCHASER'S RESPONSIBILITIES PURCHASER acknowledges and understands that it shall be responsible for obtaining any and all permits which may be required in connection with performance of this ProposalContract. Where applicable, PURCHASER shall also be responsible for backfilling areas that border along the newly paved surface with appropriate material to eliminate potential cracking and uneven surface at the edge of the paved surface and for installing, replacing, maintaining and repairing shoulders. PURCHASER assumes all liability for any damages done to underground utilities and/or structures unless CONTRACTOR has been notified, upon acceptance of this Proposal, as to the specific location and depth of any such buried utility/structures. INCLEMENT WEATHER Inclement weather may alter the completion of the work to be furnished hereunder. Furthermore, special consideration should be given if work is to be performed before May 1 or after October 15 in light of less than desirable weather conditions which could potentially impair the quality of the work performed hereunder. WARRANTY All material is guaranteed to be as specified and all work is to be completed in a workmanlike manner according to standard practices. All labor and materials will be guaranteed against defect for one (1) year from date of installation. Due to Wisconsin winters and expansion and contraction of the ground, some cracking of the pavement may be experienced. There are no express or implied warranties of merchantability, quality, and quantity or of fitness for any particular purpose, which extend beyond those specifically set out in this document. All warranties are void if payment is not made as stipulated. DELINQUENCY CHARGE Payment is due and payable upon completion of each stage of the work. If PURCHASER defaults on the payment required, PURCHASER will be liable for all costs of collection, including reasonable attorney's fees, and a delinquency charge on the balance at the maximum rates allowed by law. If PURCHASER is an organization as defined by Wis. Statutes, Section 421.301 (28), the Delinquency Charge rate shall be 1.5% per month (18% APR) plus all costs of collection, including reasonable attorney's fees. CONTRACTOR retains title to all merchandise covered by this Agreement until full payment is received according to the above terms of sale. PURCHASER consents in any action or legal proceeding relating to this Contract commenced by the CONTRACTOR to the personal jurisdiction of any court that is either a court of record in the State of Wisconsin or a court of the United States located in the State of Wisconsin. It is hereby agreed that no legal action with respect to this contract may be brought by either party later than one (1) year after the cause of action accrues and that the party asserting such a legal action shall be barred from any remedy thereto. INDIVIDUAL LIABILITY The undersigned PURCHASER agrees to be individually liable for all terms of the Agreement, regardless of whether he or she signs individually or as an agent for the owner of the property upon which the work is being performed or for any other individual, partnership or corporation. PRODUCT INFORMATION AND MAINTENANCE Since the asphalt in blacktop needs time to harden and cure, usually 6-12 months, your asphalt pavement will remain soft and pliable during warm weather. During this time, don't park in the same spot every time and do not turn your steering wheel back and forth when your car is not moving. It is not unusual to experience some cracking over the winter due to the contraction and expansion of the ground, especially over culverts, pipes, electric wires, etc. Avoid gasoline and petroleum product spills as they will destroy your pavement. If spills do occur, immediately flush with lots of soapy water. If you decide to seal coat your pavement, wait until the summer following installation. BINDING EFFECT This Agreement shall be binding upon the parties hereto, their heirs, personal representatives, successors and assigns. ENTIRE AGREEMENT The entire contract is embodied in this writing. This writing constitutes the final expression of the party's agreement, and is a complete and exclusive statement of that agreement. In the event that any term of this contract is unenforceable, the remaining terms of the contract shall still be in full force and effect. Erickson Asphalt Services P.O. Box 176 Princeton, MN 55371 Proposal submitted to: Name: City of Otsego Address: 13400 90th Street NE, Otsego, MN E Erickson Asphalt Services agrees to furnish all Job Name and Address Quaday Aven Erickson Asphalt Services Representativ OFFICE PHONE: 763-389.5267 Fax Number: 763-389-9988 Email: infonericksonawhalt com CONTRACT Contact: Ross Demant P Erickson Asphalt Services P.O. Box 176 Princeton, MN 55371 daw- 0"LIM", BLACK TOPPING( 5EALCOATING CONTRACT OFFICE PHONE: 763-389-6267 Fax Number: 763-389-9988 Email: info Pericksonasphalt.com Proposal submitted to: Date: 063017 Name: City of Otsego Contact: Ross Demant Phone: 763-235-3155 Address: 13400 90th Street NE, Otseqo, MN 55330 Email: RDemant@ci.otsego.mn.us Erickson Asphalt Services agrees to furnish all materials for the work specifiers below on premises located at: Job Name and Address: Zimmer Park, 6480 Mason Avenue, Otsego, MN Erickson Asphalt Services We hereby submit specs CRACK SEALING (Additional Crack Clean all cracks 1/4' or wider with sealed areas to prevent tracking. Sealing (approx. 400 lbs.) 'SETTLING OF CRACK SEAL SEALED. INFRARED PATCH resentati% cations gal material npressed al tnsition crac SEALCOATING Area to be seal coated will be cleaned will saturated oil spots). Infrared patching is n Seal coat 17,176 Sq. Ft. of parking lot witt before application. Sealcoat will take appy Return Trip Charges Terms: 113 down, 1. 1 have read the contr contract terms and c If you have Note: 1) slit of Submitter 4iw 7 sealer.; Apply material to crack :d. Seal 1,504 Ln. Ft. Crack $1,400.00 4REAS WILL NOT BE CRACK not adhere to of sealer. to for tragion into sealcoat $3,312.00 Erickson Asphalt Services P.O. Box 176 Princeton, MN 55371 A EEO BLACK TOPPING /5EALCOATING i CONTRACT OFFICE PHONE: 763-389-5267 Fax Number: 763-389-9988 Email: info(@ericksonasphalt.com Proposal submitted to: Date: 063017 Name: City of Otsego Contact: Ross Demant Phone: 763-235-3155 Address: 13400 90th Street NE, Otseqo, MN 55330 Email: RDemant@ci.otsego.mn.us Erickson Asphalt Services agrees to furnish all materials for the wori Job Name and Address: Beaudry Park, 1131 —77'h Street, Erickson Asphalt Services Representative: Tom We hereby submit specifications and esi CRACK SEALING (Additional Crack Seal material over 450_; Clean all cracks %+" or wider with compressed air. Crack Sea sealed areas to prevent tracking. Transition crack seal (cone Sealing (approx. 450 lbs.) 'SETTLING OF CRACK SEAL MATERIAL SEALED. INFRARED PATCHING IS REC SEALCOATING Area to be seal coated will be cleaned with push blower saturated oil spots). Infrared patching is recommended Seal coat 17,176 Sq. Ft. of parking lot with blended sea before application. Sealcoat will take approximatety 1 d; Return Trip Charges $500.00/e, Terms: 113 down, 1/3 to base I have read the contract terms' contract teens and conditions. If you have any questions I c sealer. Apply material to crack ad. Seat 1,720 Ln. Ft. Crack $1,538.00 %REAS WILL NOT BE CRACK not adhere to of sealer. to for traction into sealcoat $3,779.00 k Erickson Asphalt Services P.O. Box 176 Princeton, MN 55371 Proposal submitted to: Name: City of Otseqo Address: 13400 90th Street NE. OFFICE PHONE: 763.386-6267 Fax Number: 763-388-9988 Email: infQ4ericksonasphalt. corn BLACK TOPPING L-SEALCOATING CONTRACT Date: 063017 Contact: Ross Demant Phone: 763-235-3156 ego, MN 55330 Email: RDemant@cl.otsega.mn.us Erickson Asphalt Services agrees to furnish all materials for the work specified° below on premises located at: Job Name and Address Mason Court to 67th Street, Otsego, MN Erickson Asphalt Services Representative: Tom Cleveland Call ph. 612-385-7717 We hereby submit specifications and estimates for: CRACK SEALING (Additional Crack Seal material over_100_ Lbs will be billed at $2.751Lb.) Clean all cracks Y." or wider with compressed air, Crack Seal specified linear feet of cracks sealed areas to prevent tracking. Transition crack seal (concrete to asphalt) Joints will not be Sealing (approx. 100 lbs.) 'SETTLING OF CRACK SEAL MATERIAL MAY OCCUR, BUT DOES NOT AFFECT PERF{ SEALED. INFRARED PATCHING IS RECOMMENDED IN THESE AREAS. SEALCOATING Area to be seal coated will be cleaned with push blowers and wire brooms. Prime oil spots where E saturated oil spots). Infrared patching is recommended in these areas to ensure adherence of sea Seal coat 2,760 Sq. Ft. of parking lot with blended sealcoat emulsion). Add latex additive for durst before application. Sealcoat will take approximatelYlday. Return Trip Charges $600.00/each Cleaning Charge (if applicable) $260,00 Weekend Charge $500.0 Terms: 1/3 down, 113 to base crew, remainder due upon completion of Job. Any unpaid balance will accrue at' I have read the contract terms and conditions on the back of this proposal. By signing this proposal I acknowle, contract terms and conditions. If you have any questions I can be reached at (612)386-7717. For work to be scheduled, please sign and returr Total (Labor and Mat( Payment is due upon eom Note: 1) Additional work can be done at your request, at an additional charge, while the crew Is on site If time and materials are available. 2) One year 'A shall not apply to cracks, drainage with less than 2% slope or oil spots. 3) Trak control on city streets not included unless speocally called out t of management. 5) Prices In this proposal are good fro 30 days from date shown above, Submitted by: Accepted by: By: Th0VLa.4'C1RVe1a4'1 LTi Thomas Cleveland, Erickson Asphalt Services tom(,ericksonasohait corn (Purchaser) ' The signer serves as authorized agent for owner and bl terialto crack 't, Crack $76.00 r BE CRACK walcoat Erickson Asphalt Services P.O. Box 176 Princeton, MN 66371 Proposal submitted to: Name: City of Otsego R' � , t �r ► �1� �f i'�) ( BLACK TOPPING / SEALCOATING I Address: 13400 90th Street NE, Otsego, I Erickson Asphalt Services agrees to furnish all n Job Name and Address: Page Avenue, C Erickson Asphalt Services Representative We hereby submit specifications a CRACK SEALING (Additional Crack Seal material to Clean all cracks %* or wider with compressed air. sealed areas to prevent tracking. Transition crack Sealing (approx. 260 lbs,) 'SETTLING OF CRACK SEAL MATERIAL MAY t SEALED, INFRARED PATCHING IS RECOMME SEALCOATING Area to be seal coated will be cleaned with push b saturated oil spots). Infrared patching is recomme Seal coat 9,000 Sq. Ft. of parking lot with blended before application. Seaicoat will take approximatel OFFICE PHONE: 763-389-5267 Fax Number: 763-389-9988 Email: info ericksonasphalt.corn CONTRACT Date: 063017 Contact: Ross Demant Phone: 763-235-3155 455330 Return Trip Charges $600.00/each Cleaning Charge (If applicable) $260.00 Weeke Terms: 113 down, 113 to base crew, remainder due upon completion of job. Any unpaid balan I have read the contract terms and conditions on the back of this proposal. By signing this prc contract terms and conditions. If you have any questions I can be reached at (612)386-7717. For work to be scheduled, plea: Total (La Payment is Now 1) Additional work can be done at your request, at an additional charge, while the crew is on silo H Ume and materiels an shall not apply to cracks, drainage with less than 2% slope or oil spots, 3) Traffic control on city streets not induded We of management. ti) Prices in this proposal are good fro 30 days from date shown above. Submitted by: Accepted by: By: T'Yw� Ct" L& Thomas Cleveland, Erickson Asphalt Services (Purchaser) The signer serves as authorizer s ply material to crack 0 Ln, Ft. Crack $986.00 LL NOT BE CRACK to m Into sealcoat 0.00 I AsphaltIII P.O.o Princeton, Proposal submitted to: ,saw 'as iat111 "1 Erickson Asphalt Services agrees to Joky Name and Address; Pralril Erickson Asphalt Servicaa Ropr We hereby submit spociflt CLACK SEALING (Additional Crack Seo Clean all cracks A' or wider with core sealed areas to prevent tracking, Trc Sealing (approx, 200 Ibs) 'SETTLING OF CRACK SEAL MATE SEALED, INFRARED PATCHING I OFFICE !763-309-6287 Fox Number, a, CONTRACT ®ata; Q03017 Contact; Rose Dement Phone, 783-23r.-3165 Return Trip Chargee $600.00/each Cleaning Charge(If appllcobl Tonna: 113 (town, 1/3 to hose crow, remainder due upon completion t I havo road the contract terms and conditions on the back of this prop, contract forma and conditions, If you have any questions I can be reached at (812)386.7717. icor wo Nola if Additional work Can be done at your request, at an additional charge, whRa the lye ahail not apply to croake, drainage with less than 2% slope or oil spola, 3) Trpfflo Cool Of management 6) prices In this proposal era good rro 30 days from data shown ebo Submitted by; By; T'hOlnaa4' C 110Ve l t,11& Thomas Cleveland, Erickson Asphalt Services torniffiroicknnnrannhxah mm 8 liply material to crack