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HomeMy WebLinkAboutItem 06.eApril 13, 2015 0 Item No. TRAIL CRACK SEALING AGREEMENT WITH ALL THINGS ASPHALT Proposed Action Staff recommends adoption of the following motion: Move to approve Trail Crack Sealing Agreement with All Things Asphalt. The passage of this motion will result in the Mayor and City Clerk executing an Agreement with All Things Asphalt to complete trail crack sealing. Overview Over a dozen south metro cities participate in the 2015 South Metro Joint Powers Agreement (JPA) for roadway maintenance services. As part of this JPA, trail fog sealing is included in the maintenance services. The City of Lakeville will be fog sealing approximately 23.5 miles of trails in 2015 at an estimated cost of $31,000. The 2015 South Metro JPA currently does not have trail crack sealing as part of the services. Recently, City staff obtained quotes for the crack sealing of the trails. Four contractors submitted quotes on the project ranging from .35 to .43 cents per lineal foot for trail crack sealing. The low quote for the project was submitted by All Things Asphalt at .35 cents per lineal foot. The project will be funded from the Trail Improvement Fund which provides $60,000 of appropriations for both trail fog sealing and crack sealing. The estimated quantity of cracks on the trails is 70,000 lineal feet. At a cost of .35 cents per lineal foot, the estimated cost to complete the trail crack sealing is $24,500.00. Primary Issues to Consider • Is All Things Asphalt a reputable company that will provide quality trail crack sealing work? Staff has contacted references that have indicated All Things Asphalt has provided quality work. Supporting Information • Agreement between the City of Lakeville and All Things Asphalt • Quote Form submitted by All Things Asphalt •-\ Quote P�ckage Xn Hennen rk Maintenance & Operations Mgr. Financial Impact: $24,500 Budgeted: Y/N Y Source: Trail Improvement Fund Related Documents (CIP, ERP, etc.): Community Values: Good Value for Public Services AGREEMENT BETWEEN CITY OF LAKEVILLE AND ALL THINGS ASPHALT FOR TRAIL CRACK SEALING THIS AGREEMENT made this 20M day of April, 2015, by and between the CITY OF LAKEVILLE, a Minnesota municipal corporation {"Owner" or "City") and All Things Asphalt, a corporation organized and existing under the laws of the State of Minnesota ("Contractor"). Owner and Contractor, in consideration of the mutual covenants set forth herein, agree as follows: 1. CONTRACT DOCUMENTS. The following documents shall be referred to as the "Contract DocumenW, all of which shall be taken together as a whole as the contract between the parties as if they were set verbatim and in full herein: A. This Agreement B. Specifications and Requirements -Trail Crack Sealing C. Contractor's Quote dated March 20, 2015 In the event of a conflict among the provisions of the Contract Documents, the order in which they are listed above shall control in resolving any such conflicts with Contract Document "A" having the first priority and Contract Document "C" having the last priority. 2. OBLIGATIONS OF THE CONTRACTOR. The Contractor shall provide the goods, services, and perform the work in accordance with the Contract Documents: 3. OBLIGATIONS OF THE CITY. Owner shall pay Contractor for completion of the Work, in accordance with the Quote. 4. PAYMENT PROCEDURES. A. Contractor shall submit Application for Payment upon completion ofthe work. Application for Payment will be processed by Lakeville's Park Maintenance & Operations Manager. B. Payments to Subcontractors. (1) Prompt Payment to Subcontractors. Pursuant to Minn. Stat. § 471.25, Subd. 4a, the Contractor must pay any subcontractor within ten (10) days of the Contmaor's receipt of payment from the City for undisputed services provided by the subcontractor. The Contractor must pay interest of 1 '/: percent per month or any part of a month to the subcontractor on any undisputed amount not paid on time to the subcontractor. The minimum monthly interest penalty payment for an unpaid balance of $100.00 or more is $10.00. For an unpaid balance of less than $100.00, the Contractor shall pay the actual penalty due to the subcontractor. A subcontractor who prevails in a civil action to collect interest penalties from the Contractor shall be awarded its costs and disbursements, including attorney's fees, incurred in bringing the action. COMPLETION DATE. The Work shall be completed by August 10, 2015. 6. CONTRACTOR'S REPRESENTATIONS. A. Contractor has examined and carefully studied the Contract Documents and other related data identified in the Contract Documents. B. Contractor has visited the Trails and become familiar with and is satisfied as to the general, local, and Trail conditions that may affect cost, progress, and performance of the Work. C. Contractor is aware of the general nature of work to be performed by Owner and others on the Trails that relates to the Work as indicated in the Contract Documents. 11RECEPTION"Users{FrontiDocuments%ATAlBids and 0uoteAM1nnes0ta1Ctties4akev111% MNkAgreement-AN Things Asphah 1akeA11e.docx D. Contractor has correlated the information known to Contractor, information and observations obtained from visits to the Trails, reports and drawings identified in the Contract Documents, and all additional examinations, investigations, explorations, tests, studies, and data with the CoMmct Documents. E. The Contract Documents are generally sufficient to indicate and convey understanding of all terms and conditions for performance and furnishing of the Work. F. Subcontracts: (1) Unless otherwise specified in the Contract Documents, the Contractor shall, upon receipt of the executed Contract Documents, submit in writing to the Owner the names of the Subcontractors proposed for the work. Subcontractors may not be changed except at the request or with the consent of the Owner. (2) The Contractor is responsible to the Owner for the acts and omissions of the ComracWrs subcontractors, and of their direct and indirect employees, to the same extent as the Contractor is responsible for the acts and omissions of the Contractor's employees. (3) The Contract Documents shall not be construed as creating any contractual relation between the Owner and any subcontractor. (4) The Contractor shal l bind every subcontractor by the terms of the Contract Documents. 7. WORKER'S COMPENSATION. The Contractor shall obtain and maintain for the duration of this Contract, statutory Worker's Compensation Insurance and Employer's Liability Insurance as required under the laws of the State of Minnesota. 8. COMPREHENSIVE GENERAL LIABILITY. Contractor shall obtain the following minimum insurance coverage and maintain it at all times throughout the life of the Contract, with the City of Lakeville included as an additional name insured on the general liability insurance on a primary and noncontributory basis. The Contractor shall furnish the City a certificate of insurance satisfactory to the City evidencing the required coverage: Bodily Injury: Property Damage: Contractual Liability (identifying the contract): Bodily Injury: Property Damage: $1,000,000 each occurrence $I,000,000 aggregate products and completed operations $1,000,000 each occurrence $1,000,000 aggregate $1,000,000 each occurrence $1,000,000 each occurrence $1,000,000 aggregate Comprehensive Automobile Liability (owned, non -owned, hired): Bodily Injury: $1,000,000 each occurrence $1,000,000 each accident Property Damage: $1,000,000 each occurrence 9. INDEMNITY. The Contractor agrees to indemnify and h Id th C" h 1 W e Ity arm ess from any claim made by thud Parties as a result of the services performed by it. In addition, the Contractor shall reimburse the City for any cost of reasonable attorney's fees it may incur as a result of any such claims. ld. MISCELLANEOUS. A. Owner and Contractor each binds itself, its partners, successors, assigns and legal representatives to the other party hereto, its partners, successors, assigns and legal representatives in respect to all covenants, agreements, and obligations contained in the Contract Documents. B. Any provision or part of the Contract Documents held to be void or unenforceable under any law or regulation shall be deemed stricken, and all remaining provisions shall continue to be valid and binding upon Owner and Contractor, who agree that the Contract Documents shall be reformed to replace such stricken provision or part thereof with a valid and enforceable provision that comes as close as possible to expressing the intention of the stricken provisions. C. Data Practices/Records. (1) All data created, collected, received, maintained or disseminated for any purpose in the course of this Contract is governed by the Minnesota Government Data Practices Act, Minn. Stat. Ch. 13, any other applicable stale statute, or any state rules adopted to implement the act, as well as federal regulations on data privacy. (2) All books, records, documents and accounting procedures and practices to the Contractor and its subcontractors, if any, relative to this Contract are subject to examination by the City. D. Assignment. Neither party may assign, sublet, or transfer any interest or obligation in this Contract without the prior written consent of the other party, and then only upon such terms and conditions as both parties may agree to and set forth in writing. E. Waiver. In the particular event that either party shall at any time or times waive any breach of this Contract by the other, such waiver shall not constitute a waiver of any other or any succeeding breach of this Contract by either patty, whether of the same or any other covenant, condition or obligation. F. Governing LawNenue. The laws of the State of Minnesota govern the interpretation of this Contract In the event of litigation, the exclusive venue shall be in the District Court of the State of Minnesota for Dakota County. G. Severability. If any provision, term or condition of this Contract is found to be or become unenforceable or invalid, it shall not effect the remaining provisions, terms and conditions of this Contract, unless such invalid or unenforceable provision, term or condition genders this Contract impossible to perform. Such remaining terms and conditions of the Contract shall continue in full force and effect and shall continue to operate as the parties' entire contract H. Entire Agreement This Contract represents the entire agreement of the parties and is a final, complete and all inclusive statement of the terms thereof, and supersedes and terminates any prior agreement(s), understandings or written or verbal representations made between the parties with respect thereto. OWNER: CITY OF LAKEVILLE M. Matt Little, Mayor AND Charlene Friedges, City Clerk CONTRACTOR: ALL THINGS ASPHALT Specifications and Requirements 2015 Trail Crack Sealing Instructions to Bidders Bids will be accepted until 4:00 PM on April 6, 2015. Bids will be evaluated based upon the Total Bid, and the project will be awarded on the basis of the lowest responsive, responsible, qualified Bidder for the work. The owner reserves the right to reject any or all Bids including without limitation nonconforming, nonresponsive, unbalanced or conditional Bids. Owner further reserves the right to reject the Bid of any Bidder if Owner believes that it would not be in the best interest of the Project to make an award to that Bidder. Owner also reserves the right to waive all informalities not involving price, time or changes in the Work and to negotiate Contract terms with the successful Bidder. Accompanying this proposal must be a contractor's bid bond, certified check or cash deposit in the amount of 5% of the bid made payable to the City of Lakeville, Minnesota, and the same is subject to forfeiture in the event of default on the part of the undersigned to execute the prescribed contract after its submittal to the City of Lakeville. It is understood that your quote may not be withdrawn for a period of thirty (30) days after submission. It is understood that the City reserves the right to retain the certified check or bid bond as determined by the City for a period not to exceed thirty (30) days after receipt of the proposal. General All construction methods and materials shall be in accordance with current MnDOT specifications and in accordance with manufacturer recommendations. The project shall be completed between June 1 — July 1, 2015 and can resume again on July 13. All work shall be completed by August 10, 2015. Questions related to the project should be directed to: City of Lakeville — Attn: John Hennen 20195 Holyoke Avenue W Lakeville, MN 55044 Phone: 952-985-2715 Email: jhennen ci,lakevillemn.gov Project The scope of this project involves crack sealing trails as shown on the attached map(s) in the City of Lakeville. Crack Sealing All work shall be in conformance with MnDOT specification 3723, Joint and Crack Sealer, and the manufacturer's application requirements. All pavement cracks shall be blown clean and then overbanded with crack sealer material. The completed surface of the crack sealant shall be covered with tissue material meeting the manufacturer's specifications to prevent tracking or transfer of the sealant. If needed, the owner will spray weeds in the cracks prior to contractor performing their crack sealing work. Payment At the end of each work day, the contractor shall provide documentation to the owner on the linear feet of cracks sealed that day. Payment for the application of crack sealer will be based on the unit price bid per linear feet of in-place accepted material. Payment is full compensation for all materials, labor and equipment necessary to apply the crack sealer. BID FORM TRAIL CRACK SEALING LAKEVILLE, MINNESOTA 2015 The undersigned proposes and agrees, if this quote is accepted, to enter into a Form of Agreement with Owner in the form attached, to perform all work as specified or indicated in the plans and specifications for the prices indicated and within the times indicated in this packet. The undersigned further asserts that they are legally authorized to provide this quotation on behalf of the company listed. Bidder accepts all of the terms and conditions of the Instructions to Bidders, including without limitation those dealing with Evaluation of Bids and Award of Contract. The Bid will remain subject to acceptance for 60 days after the Bid Opening, or for such longer period of time that Bidder may agree to in writing upon request of Owner. In submitting this quote the undersigned represents that they have examined and carefully studied the quotation packet including the plans, specifications and requirements, and that they are familiar with all federal, state and local laws that may affect cost, progress, or performance of the work. Item Est. Unit Quantity Unit Price Total City of Lakeville Trail Crack Sealing LF 70,000 .65 y Cho Total Bid• 1 '7y 'Op This Bid provided by: Printed Name:r=1 Signature: r'' Date: 31;20 / / 5 - Title: 041(1_r - Company: �llin.5�h�l�- Phone Number: � � 3 1 " Y 58 3 Fax Number: (3-2D) 22 �2 — 5 i 8 `l E-MailAddress: fh�n�,, asphl�, la rf►