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HomeMy WebLinkAboutItem 06.m Date: Item No. AGREEMENT WITH ALL THINGS ASPHALT FOR TRAIL CRACK SEALING Proposed Action Staff recommends adoption of the following motion: Move to Approve Trail Crack Sealing Agreement with All Things Asphalt. Overview Recently, City staff obtained proposals for the crack sealing of the trails. Three contractors submitted quotes on the project ranging from .32 to .390 cents per lineal foot for trail crack sealing. The low proposal for the project was submitted by All Things Asphalt at .32 cents per lineal foot. The project will be funded from the Trail Improvement Fund which provides $70,000 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 .32 cents per lineal foot, the estimated cost to complete the trail crack sealing is $22,400. Primary Issues to Consider • All Things Asphalt is a reputable company that the City of Lakeville has worked with previously. Supporting Information • Agreement between the City of Lakeville and All Things Asphalt • Specifications and Requirements – Trail Crack Sealing • Contractor’s Proposal dated March 18, 2019 Financial Impact: Budgeted: Y☒ N☐ Source: Related Documents: (CIP, ERP, etc.): Envision Lakeville Community Values: Good Value for Public Services Report Completed by: Mark Kruse, Parks Superintendent April 1, 2019 $22,400 Trail Improvement Fund 1 184651v1 FORM OF AGREEMENT BETWEEN CITY OF LAKEVILLE AND ALL THINGS ASPHALT FOR 2019 TRAIL CRACK SEALING THIS AGREEMENT made this 1st day of April 2019, by and between the CITY OF LAKEVILLE, a Minnesota municipal corporation (“Owner” or “City”) and All Things Asphalt (“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 dated March 4, 2019 prepared by the City of Lakeville. C. Contractor’s Proposal. 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. Contract Document “A” has the firs t priority and Contract Document “C” has 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. Contractor shall not begin any work until the City has received the signed contract and has reviewed and approved the insurance certificates and has given the Contractor a written notice to proceed. Contractor shall exercise the same degree of care, skill, and diligence in the performance of the services as is ordinarily possessed and exercised by a contractor under similar circumstances. City shall not be responsible for discovering deficiencies in the accuracy of Contractor’s services. 3. CONTRACT PRICE. Owner shall pay Contractor for completion of the Work, in accordance with the Contractor’s Proposal, per lineal foot of “in place” crack sealing material. Additional work performed without the City’s written approval will not entitle Contractor to an increase in the Contract Price or an extension of the Contract Time. 4. PAYMENT PROCEDURES. A. Contractor shall submit Applications for Payment. Applications for Payment will be processed by the Parks Superintendent. B. Progress Payments; Retainage. Owner shall make 90% progress payments on account of the Contract Price on the basis of Contractor’s Applications for Payment during performance of the Work. C. Payments to Subcontractors. 2 184651v1 (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 ½ 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. (2) Form IC-134 (attached) required from general contractor. Minn. Stat. § 290.92 requires that the City of Lakeville obtain a Withholding Affidavit for Contractors, Form IC-134, before making final payments to Contractors. This form needs to be submitted by the Contractor to the Minnesota Department of Revenue for approval. The form is used to receive certification from the state that the vendor has complied with the requirement to withhold and remit state withholding taxes for employee salaries paid. D. Final Payment. Upon final completion of the Work, Owner shall pay the remainder of the Contract Price as recommended by the Parks Superintendent. Final completion shall be when all of the work is completed per the contract. 5. COMPLETION DATE. The Work must be completed by June 15, 2019. 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 Site and become familiar with and is satisfied as to the general, local, and Site conditions that may affect cost, progress, and performance of the Work. C. Contractor is familiar with and is satisfied as to all federal, state, and local laws and regulations that may affect cost, progress, and performance of the Work. D. Contractor has carefully studied all: (1) reports of explorations and tests of subsurface conditions at or contiguous to the Site and all drawings of physical conditions in or relating to existing surface or subsurface structures at or contiguous to the Site (except Underground Facilities) which have been identified in the General Conditions and (2) reports and drawings of a Hazardous Environmental Condition, if any, at the site. 3 184651v1 E. Contractor has obtained and carefully studied (or assumes responsibility for doing so) all additional or supplementary examinations, investigations, explorations, tests, studies, and data concerning conditions (surface, subsurface, and Underground Facilities) at or contiguous to the Site which may affect cost, progress, or performance of the Work or which relate to any aspect of the means, methods, techniques, sequences, and procedures of construction to be employed by Contractor, including any specific means, methods, techniques, sequences, and procedures of construction expressly required by the Bidding Documents, and safety precautions and programs incident thereto. F. Contractor does not consider that any further examinations, investigations, explorations, tests, studies, or data are necessary for the performance of the Work at the Contract Price, within the Contract Times, and in accordance with the other terms and conditions of the Contract Documents. G. Contractor is aware of the general nature of work to be performed by Owner and others at the Site that relates to the Work as indicated in the Contract Documents. H. Contractor has correlated the information known to Contractor, information and observations obtained from visits to the Site, reports and drawings identified in the Contract Documents, and all additional examinations, investigations, explorations, tests, studies, and data with the Contract Documents. I. The Contract Documents are generally sufficient to indicate and convey understanding of all terms and conditions for performance and furnishing of the Work. J. 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 184651v1 (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. INSURANCE. Prior to the start of the project, Contractor shall furnish to the City a certificate of insurance showing proof of the required insurance required under this Paragraph. Contractor shall take out and maintain or cause to be taken out and maintained until six (6) months after the City has accepted the public improvements, such insurance as shall protect Contractor and the City for work covered by the Contract including workers’ compensation claims and property damage, bodily and personal injury which may arise from operations under this Contract, whether such operations are by Contractor or anyone directly or indirectly employed by either of them. The minimum amounts of insurance shall be as follows: Commercial General Liability (or in combination with an umbrella policy) $2,000,000 Each Occurrence $2,000,000 Products/Completed Operations Aggregate $2,000,000 Annual Aggregate The following coverages shall be included: Premises and Operations Bodily Injury and Property Damage Personal and Advertising Injury Blanket Contractual Liability Products and Completed Operations Liability Automobile Liability $2,000,000 Combined Single Limit – Bodily Injury & Property Damage Including Owned, Hired & Non-Owned Automobiles Workers Compensation Workers’ Compensation insurance in accordance with the statutory requirements of the State of Minnesota, including Employer’s Liability with minimum limits are as follows: $500,000 – Bodily Injury by Disease per employee $500,000 – Bodily Injury by Disease aggregate $500,000 – Bodily Injury by Accident The Contractor’s insurance must be “Primary and Non-Contributory”. All insurance policies (or riders) required by this Contract shall be (i) taken out by and maintained with responsible insurance companies organized under the laws of one of the states of the United States and qualified to do business in the State of Minnesota, (ii) shall name the City, its employees and agents as additional insureds (CGL and umbrella only) by endorsement which shall be filed with the City. A copy of the endorsement must be submitted with the certificate of insurance. 5 184651v1 Contractor’s policies and Certificate of Insurance shall contain a provision that coverage afforded under the policies shall not be cancelled without at least thirty (30) days’ advanced written notice to the City, or ten (10) days’ notice for non-payment of premium. An Umbrella or Excess Liability insurance policy may be used to supplement Contractor’s policy limits on a follow-form basis to satisfy the full policy limits required by this Contract. 9. WARRANTY. The Contractor shall be held responsible for any and all defects in workmanship and materials which may develop in any part of the contracted service, and upon proper notification by the City shall immediately replace, without cost to the City, any such faulty work. 10. INDEMNIFICATION. To the fullest extent permitted by law, Contractor agrees to defend, indemnify and hold harmless the City, and its employees, officials, and agents from and against all claims, actions, damages, losses and expenses, including reasonable attorney fees, arising out of Contractor’s negligence or its performance or failure to perform its obligations under this Contract. Contractor’s indemnification obligation shall apply to subcontractor(s), or anyone directly or indirectly employed or hired by Contractor, or anyone for whose acts Contractor may be liable. Contractor agrees this indemnity obligation shall survive the completion or termination of this Contract. 11. PERFORMANCE AND PAYMENT BONDS. Performance and Payment Bonds are not required. 12. MISCELLANEOUS. A. Terms used in this Agreement have the meanings stated in the General Conditions. B. 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. C. 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. D. 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 6 184651v1 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. E. All reports, plans, models, software, diagrams, analyses, and information generated in connection with performance of this Agreement shall be the property of the City. The City may use the information for its purposes. F. Patented devices, materials and processes. If the Contract requires, or the Contractor desires, the use of any design, devise, material or process covered by letters, patent or copyright, trademark or trade name, the Contractor shall provide for such use by suitable legal agreement with the patentee or owner and a copy of said agreement shall be filed with the Owner. If no such agreement is made or filed as noted, the Contractor shall indemnify and hold harmless the Owner from any and all claims for infringement by reason of the use of any such patented designed, device, material or process, or any trademark or trade name or copyright in connection with the Project agreed to be performed under the Contract, and shall indemnify and defend the Owner for any costs, liability, expenses and attorney's fees that result from any such infringement. G. In providing services hereunder, Contractor shall abide by all statutes, ordinances, rules and regulations pertaining to the provisions of services to be provided. H. 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. I. 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. J. Governing Law/Venue. 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. K. Severability. If any provision, term or condition of this Contract is found to be or become unenforceable or invalid, it shall not affect the remaining provisions, terms and conditions of this Contract, unless such invalid or 7 184651v1 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. L. 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. M. Permits and Licenses; Rights-of-Way and Easements. The Contractor shall give all notices necessary and incidental to the construction and completion of the Project. The City will obtain all necessary rights-of-way and easements. The Contractor shall not be entitled to any additional compensation for any construction delay resulting from the City’s not timely obtaining rights-of-way or easements. N. If the work is delayed or the sequencing of work is altered because of the action or inaction of the Owner, the Contractor shall be allowed a time extension to complete the work but shall not be entitled to any other compensation. OWNER: CONTRACTOR: CITY OF LAKEVILLE BY: ____________________________ BY: ____________________________ Douglas P. Anderson, Mayor Its: _______________________ AND ___________________________ Charlene Friedges, City Clerk Specifications and Requirements 2019 Trail Crack Sealing Instructions to Contractors Proposals will be accepted until 3:00 PM on March 19, 2019. Proposals will be evaluated based upon the Total Proposal, and the project will be awarded on the basis of the lowest responsive, responsible, qualified Contractor for the work. The Owner reserves the right to reject any or all Proposals including without limitation nonconforming, nonresponsive, unbalanced or conditional Proposals. Owner further reserves the right to reject the Proposal of any Contractor if Owner believes that it would not be in the best interest of the City to make an award to that Contractor. 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 Contractor. Accompanying this proposal must be a contractor’s bid bond, certified check or cash deposit in the amount of 5% of the Proposal 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, 2019. Questions related to the project should be directed to: City of Lakeville – Attn: Mark Kruse 20195 Holyoke Avenue Lakeville, MN 55044 Phone: 952-985-2715 Email: mkruse@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 to prevent tracking or transfer of the sealant. The tracking prevention material shall be tissue material, fine sand or product and method approved by Owner Representative. 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 proposal 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. Traffic Control Contractor shall provide and remove pedestrian and bicycle traffic control on all trails as needed until such time as the crack sealing product will not transfer. The Contractor shall provide all necessary temporary barricades, fences and other protection as required for the proper execution of the work and for the protection of their employees, employees of the Owner, other construction personnel, and the general public according to all Federal, State, and Local regulations. This may include increased signing as necessary. Safety The Contractor shall follow all applicable safety standards for asphalt crack sealing. Work Restrictions/Working Hours Work Restrictions, General: Comply with restrictions on construction operations. a. Comply with limitations on use of public streets and with other requirements of authorities having jurisdiction. On-Site Work Hours shall be 7:00 a.m. to 8:00 p.m. Monday through Friday and 8:00 a.m. to 5:00 p.m. on Saturday, with permission from the City Project Manager. No work will be allowed on Sundays or Federal Holidays. Controlled Substances: Use of any controlled substances on the Project site is not permitted.