HomeMy WebLinkAboutItem 06.kDate: May 2, 2016
Item No.
AGREEMENT WITH ALLIED BLACKTOP COMPANY
FOR TRAIL CRACK SEALING
Proposed Action
Staff recommends adoption of the following motion: Move to Approve Trail Crack Sealing
Agreement with Allied Blacktop Company.
Overview
Over a dozen south metro cities participate in the 2016 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 25.5 miles of
trails in 2016. The 2016 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. Three contractors
submitted quotes on the project ranging from .325 to .42 cents per lineal foot for trail crack
sealing. The low quote for the project was submitted by Allied Blacktop Company at .325 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 .325 cents per lineal foot, the estimated cost
to complete the trail crack sealing is $22,750.
Primary Issues to Consider
• Allied Blacktop Company is a reputable company that the City of Lakeville has worked
with previously.
Supporting Information
• Agreement between the City of Lakeville and Allied Blacktop Company
• Specifications and Requirements — Trail Crack Sealing
• Contractor's Quote dated April 12, 2016
Financial Impact: $22,750 Budgeted: Y® NO Source: Trail Improvement Fund
Related Documents: (CIP, ERP, etc.):
Envision Lakeville Community Values: Good Value for Public Services
Report Completed by: Mark Kruse/Parks Superintendent
AGREEMENT
BETWEEN CITY OF LAKEVILLE AND ALLIED BLACKTOP COMPANY
FOR TRAIL CRACK SEALING
THIS AGREEMENT made this 2n1 day of May, 2016, by and between the CITY OF LAKEVILLE, a Minnesota
municipal corporation ("Owner" or "City") and Allied Blacktop Company, 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 Documents", 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 April 12, 2016
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 of the work. Application for
Payment will be processed by Lakeville's Park Superintendent.
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 Contractor's receipt of payment from
the City for undisputed services provided by the subcontractor. The Contractor must pay
interest of 1 '/2 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.
5. COMPLETION DATE. The Work shall be completed by June 15, 2016.
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.
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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 Contract 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 Contractor's
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 shall 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 filmish 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
$1,000,000 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 hold the City harmless from any claim made by third
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.
10. 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 state 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 party, 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 renders 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
P'3,
Matt Little, Mayor
Charlene Friedges, City Clerk
CONTRACTOR:
ALLIED BLACKTOP COMPANY
Specifications and Requirements
2016 Trail Crack Sealing
Instructions to Bidders
Bids will be accepted until 4:00 PM on April 12, 2016. 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.
All work shall be completed by June 15, 2016.
Questions related to the project should be directed to:
City of Lakeville — Attn: Mark Kruse
20195 Holyoke Avenue W
Lakeville, MN 55044
Phone: 952-985-2720
Email: mkruseklakevillemn.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
or fine sand 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. Owner reserves the right to adjust the lineal footage
quantities listed. Payment is full compensation for all materials, labor and equipment necessary to apply the
crack sealer.
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BID FORM
TRAIL CRACK SEALING
LAKEVILLE, MINNESOTA
2016
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
O, 3 a� .# fit 7-1vo
Total Bidi#api 75th. o
This Bid provided by:
Printed Name: N;e
"1 �ci 5f%rc'1"
Signature:
Date:&�/% %7— (P
Title: Pry i d 02'
Company:
Telephone Number: 7(A 925 —05%5
Fax Number: 76 - yZS - T,0 y(0a
Email Address: Aet�' e6l f 1 t -d 5 a C!K h2p ►'rn . rO A4