Page Township seeks QUOTES for road grading for 2023. Road grading must be performed according to specifications of the Town Board, available from the Clerk. Written quotes must include:
(1) Lump sum rate for each pass of the full 22 miles (more or less) of road. Each pass will be done approximately every other week throughout the season as conditions allow.
(2) Hourly rate for additional, more frequent or grading of certain road sections on-call as requested by the Town
Include with quotes a description of equipment to be used. All quotes must be submitted electronically or delivered to 21804 140th Ave, Milaca 56353 (US Mail or dropbox) with a current Certificate of Insurance ($1.5 million liability) by March 20, 2023 at 6:00 PM. Quotes will be read at the Regular Board Meeting held that evening. The Page Township Board reserves the right to reject any or all quotes. Selected contractor must sign contract and provide W-9. Contact Kyle Weimann, Township Clerk at 320-247-5030 or clerk@PageTownship.org.
DRAFT CONTRACT / SPECIFICATIONS
2023 GRADING SERVICES CONTRACT
This agreement (“Agreement”) is dated this 20th day of March, 2023, and is by and between Page Township, Mille Lacs County, Minnesota, 21804 – 140th Avenue, Milaca, MN, (“Town”), and , (“Contractor”), of _ (mailing address). In consideration of the mutual promises and agreements hereinafter set forth, and intending to be legally bound, the parties do hereby agree as follows:
- Services. Contractor will provide regular and special road grading services in accordance with the proposal as awarded based on the attached Grading Request For Quotes at the March 20, 2023 Regular Board Meeting. The Contractor is solely responsible for providing all necessary personnel and for providing and maintaining the equipment necessary to perform the services. Contractor will perform such services in a timely and competent fashion and will take all steps necessary to protect the public from injury arising from Contractor’s performance under this Agreement.
a. Grading of all 22 miles shall be completed every other week as conditions allow and be billed as a lump sum. — $XXXXX/pass
b. Additional grading at the Town’s request shall be billed hourly. — $XXXX/hour
- Specifications. Contractor will perform grading services to meet the following specifications. Deviations from these specifications may be approved by the Town as authorized by the Town’s designated representative.
a. Only complete grading during such times as conditions allow to prevent or minimize damage to the roadway.
b. Complete full pass within 2 calendar days every other week as conditions allow. This is inclusive of all township roads, including turn-around areas and excluding 170th Ave and Minimum Maintenance Roads, and includes turn-around areas.
c. Do not grade areas where dust control has been approved by the Town, unless otherwise directed.
d. Contractor will notify the Town’s designated representative at least 24 hours in advance of beginning grading and upon completion.
e. Angle grade of road away from centerline without leaving excess gravel along edge.
f. All work must be done during daylight hours.
g. If necessary, equipment should be parked overnight at the Town Hall on the access road.
- Payment. Contractor will submit a detailed claim for payment within 30 days of work performance. Claim must state dates, times, and/or roads that services were provided on. This is all inclusive and covers payment for services, salary, wages, and other personnel costs, sales and other taxes, equipment costs, and any and all other costs and expenses. The claim for payment must be submitted ONE week before the Regular Board Meeting or payment may be delayed until the following month’s Regular Board Meeting. Contractor’s attendance at the Board Meeting is requested.
- Independent Contractor. Contractor agrees it is an independent contractor for all purposes and nothing herein shall be construed as creating an employment relationship. Contractor, and its agents, officers, and employees are not eligible to receive workers’ compensation, unemployment insurance, or any other benefit or compensation from Town. Contractor is responsible for withholding, reporting, and paying any taxes on the payments it receives from Town.
- Insurance. Contractor shall maintain during the entire term of this Agreement insurance policies providing general liability coverage applicable to the services provided under this Agreement. Contractor shall also carry workers’ compensation insurance at least in the amounts and to the extent required by law. Contractor must provide Town a current Certificate of Insurance showing such coverage before starting to provide services under this Agreement. If Contractor is exempt under Minnesota law from having to carry workers’ compensation insurance, Contractor may submit a statement of exemption in place of a certificate of insurance. Town may require Contractor to provide a written statement from its insurer or agent expressing coverage for the services provided Town.
- Termination. Town may terminate this Agreement, with or without cause, upon 14 days written notice to Contractor. Without limitation of the foregoing, upon breach of this Agreement by Contractor, Town may immediately terminate this Agreement or may pursue any other available remedies at law or in equity that are necessary or desirable to enforce performance and observance of any obligation, agreement, or covenant of this Agreement. Contract will expire upon Town’s selection of 2023 grading contractor.
- Subcontracting & Assignment. Contractor shall not subcontract or assign any portion of this Agreement without prior written permission of Town.
- Final Payment. Final payment in the amount of 5% of the total claim may be withheld until the following
conditions are met:
- Final inspection / approval by a Township Supervisor has been completed and a Town Roadwork
Contract Completion Certificate is signed and on file with the Town Clerk.
- The Town clerk has received signed Lien Waivers from all suppliers and subcontractors.
- A copy of a signed IC-134 form from the Minnesota Department of Revenue is on file with the
Town Clerk (when necessary).
- Miscellaneous.
a. In accordance with Minnesota Statutes, Section 16C.05, subdivision 5, Contractor’s books, records, documents and accounting procedures and practices relevant to this Agreement are subject to examination by Town and the Minnesota State Auditor for a minimum of six years from the expiration date of this Agreement.
b. This Agreement has been made, and its validity, performance, and effect shall be determined in accordance with the internal laws of the State of Minnesota without regard to conflict of law provisions. Any dispute arising out of this Agreement shall be heard in the state or federal courts of Minnesota and the parties hereto waive any objection of such courts, jurisdictional or otherwise, and whether based on convenience or any other grounds.
c. The waiver by any party of a breach or violation of, or failure of any party to enforce, any provision of this Agreement shall not operate or be construed as a waiver of any subsequent breach or violation or as a relinquishment of any rights hereunder.
d. If any part of this Agreement is invalid or unenforceable under applicable law, that part shall be ineffective only to the extent of such invalidity or unenforceability without in any way affecting the remaining parts of the provision or this Agreement.
e. The parties acknowledge that they participated equally in the negotiation and drafting of this Agreement and that, accordingly, no court shall construe this Agreement more stringently against one party than the other.
f. This writing represents the entire agreement and understanding of the parties with respect to the subject matter hereof and supersedes any and all previous agreements of whatever nature between the parties with respect to the subject matter. This Agreement may not be altered or amended except by an agreement in writing signed by the parties. Without limitation of the foregoing, no claim for extra work done or materials furnished by Contractor will be made by Contractor or allowed by Town, nor shall Contractor do any work or furnish any materials not covered by this Agreement, unless such work or materials is ordered in writing by Town.
g. Notwithstanding anything to the contrary herein, nothing in this Agreement shall constitute a waiver of any immunity from or limitation on liability to which Town is entitled, under Minnesota Statues, Chapter 466 or otherwise.
h. Contractor will maintain all necessary licenses and permits and will comply with all federal, state, and local laws, rules, and regulations pertaining to Contractor’s performance under this Agreement.
i. Contractor will defend, indemnify, protect and hold harmless Town and its employees, officers, and agents from any and all claims or causes of action, including attorneys’ fees incurred by Town or its insurers, arising from any negligent or otherwise wrongful act, or omission in the performance of this Contract by Contractor or Contractor’s agents or employees.
This agreement is executed as of the date stated in the introductory clause above.