HomeMy WebLinkAbout8A - Cates Street Improv.
DATE:
AGENDA #:
PREPARED BY:
REVIEWED BY:
AGENDA ITEM:
OCTOBER 15, 2001
8A
LANOL LEICHTY, WATER RESOURCES COORDINATOR
SUE MCDERMOTT, CITY ENGINEER
CONSIDER APPROVAL OF A RESOLUTION ACCEPTING
QUOTES AND AWARDING THE CONTRACT FOR CATES
STREET CHANNEL IMPROVEMENT, CITY PROJECT 01-15.
DISCUSSION:
History
The purpose of this agenda item is to award the contract for the
Cates Street Channel Improvement, Project 01-15. The project
consists of dredging and stabilizing the channel and appurtenant
work. This project is included in the 2001 Capital Improvement
Program.
Originally, this project was scheduled to be constructed in the fall of
1998. The City was unable to obtain easements on the east end of
the channel on the current Creekside Estates property. Since that
time, the City has obtained drainage and utility easements over this
portion of the channel and is able to proceed with the improvement.
In addition, the original design, which called for straightening the
channel, was changed to save trees and maintain the natural
alignment of the channel which meanders through the woods. This
change of design has resulted in significant savings estimated to be
$40,000+/-.
Current Circumstances
Proposals were received and tallied on October 3, 2001. Three
quotes were submitted. The figures have been checked and
tabulated. The low quote was submitted by Lloyd Excavating, Inc.,
of Prior Lake, MN in the amount of $15,296.50. The engineer's
estimate was $26,765.00.
CONTRACTORS BASE BID
Lloyd Excavatina, Inc. $ 15,296.50
Friedqes, Inc. $ 27,555.95
F.F. Jedlicki, Inc $ 32,705.00
16200 Eagle Creek Ave. S.E., Prior Lake, Minnesota 55372-1714 / Ph. (952) 447-4230 / Fax (952) 447-4245
AN EQUAL OPPORTUNITY EMPLOYER
FINANCIAL IMPACT:
ALTERNATIVES:
RECOMMENDED
MOTION:
REVIEWED BY:
REVIEWED BY:
Lloyd Excavating, Inc. is a responsible bidder who has a successful
history of completing various projects for the City.
Conclusion
Staff recommends that the Council award the contract for the Cates
Street Channel Improvement Project.
The cost of Project 01-15 will be paid for from the Storm Water
Utility Budget. The budgeted amount for the Cates Street Channel
Improvement Project was $60,000.00. The budgeted cost of the
project is much higher than the quotes received because the design
of the project was changed to save trees and maintain the character
and meander of the channel through the woods.
The alternatives are as follows:
1. Adopt the attached resolution which awards bid for Project 01-
15 in the amount of $15,296.50 to Lloyd Construction, Inc., and
authorize the Mayor and City Manager to enter into the
necessary contract on behalf of the City.
2. Deny this item for a specific reason and provide staff with
direction.
3. Table this item for specific reason.
A motion and second to adopt Resolution 01-XX.
'-
JI0
~ '\~
lNNESo ACCEPTING QUOTES AND AWARDING CONTRACT FOR
CATES STREET CHANNEL IMPROVEMENT PROJECT. CITY PROJECT #01.15
MOTION BY:
W}1
SECOND BY: JE
WHEREAS, pursuant to a call for quotes for the Cates Street Channel Improvement (01-15)
which includes channel bank stabilization, sediment dredging and appurtenant
work; and
WHEREAS, The following quotes were received and tabulated:
CONTRACTORS QUOTE
L10vd Excavatina, Inc. $ 15,296.50
Friedges, Inc. $ 27,555.95
F.F. Jedlicki, Inc $ 32,705.00
WHEREAS, it appears that Lloyd Excavating, Inc. of Prior Lake, Minnesota submitted the
lowest responsible quote.
NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF PRIOR LAKE,
MINNESOTA:
1. The Mayor and City Manager are hereby authorized to enter into a contract
with Lloyd Excavating, Inc. of Prior Lake, Minnesota in the name of the City of
Prior Lake for the Cates Street Channel Improvement Project (Project 01-15)
in the amount not to exceed $15,296.50 with funds to be drawn from the Storm
Water Utility Budget.
Passed and adopted this 15th day of October, 2001.
YES NO
Mader \ Mader
Ericson \ Ericson
Gundlach \ Gundlach
Petersen \ Petersen
Zieska \ Zieska
{Seal}
Frank Boyles
City Manager
City of Prior Lake
16200 Eagle Creek Ave. S.E., Prior Lake, Minnesota 55372-1714 / Ph. (952) 447-4230 / Fax (952) 447-4245
AN EQUAL OPPORTUNITY EMPLOYER
CITY OF PRIOR LAKE
TANDARD ONTRACT
BETWEEN CITY AND CONTRACTOR
FOR CATES STREET CHANNEL IMPROVEMENT PROJECT
PROJECT No. 01-15
This Agreement made this_day of October, 2001, by and between the CITY OF PRIOR LAKE,
a Minnesota municipal corporation (hereinafter the "City") and Lloyd Excavating, Inc.
(hereinafter the "Contractor").
Purpose:
In order to improve and stabilize the channel banks of the Cates Street channel and provide
necessary maintenance activities as a result of sediment deposition in the channel and outlet.
THE CITY AND CONTRACTOR, FOR THE CONSIDERATION STATED BELOW, AGREE As
FOLLOWS:
1. The Contractor agrees to perform and complete all the provisions of the specifications and/or plans
indicated below in Paragraph 2, as approved by the City for Cates Street Channel Improvement
Proiect at the following location indicated on the plans.
2. Contract and Contract Documents. The following documents attached hereto shall be referred to
as the "Contract Documents", all of which shall be taken together as a whole as the contract
between the parties as if they were set out verbatim and in full herein:
a. Specifications and Special Conditions;
c. Plans and Drawings for Project 01-15;
d. Performance Bond and Payment Bond;
e. Insurance Certificate(s); and
f. This document.
3. The Proiect ("Work"). The Contractor shall perform all of the Work required by the Contract
Documents for the sum of Fifteen Thousand Two Hundred Ninety Six and 50/100 Dollars
($ 15,296.50).
4. Time of Commencement and Substantial Completion. The Work to be performed under this
Contract shall be commenced immediately after execution of this Agreement. The Work shall be
completed by November 30, 2001.
A. Starting the Work.
(1) The Contractor shall commence the Work in such a manner and at such a time as to
expeditiously interface with the Work of other contractors, and shall pursue the Work
diligently to completion.
6Jie200iEagle Creek Ave. S.E., Prior Lake, Minnesota 55372-1714 / Ph. (952) 447-4230 / ~1:!OO(%~~~24S
AN EQUAL OPPORTUNITY EMPLOYER
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(2) The execution of this Agreement by both parties constitutes a Notice to Proceed with the
Work, unless the City issues a separate Notice to Proceed designating a different starting
time. The Contractor shall promptly provide timely performance according to the
immediate progress requirements of the Work.
(3) The Contractor shall commence the Work prior to the execution of this Agreement if a
Letter of Intent containing a Notice to Proceed is issued by the City.
(4) Upon receipt of a Notice to Proceed, the Contractor shall pursue and complete the Work
without voluntary interruption for any reason, as long as the Work can be performed. The
Contractor agrees that it shall continue the Work at all times the Work can be performed, at
a pace consistent with good industry practice regardless of pending or current disputes in
connection with the Contract Documents.
B. Timelv Performance. It is the City's intent to complete the Project as soon as possible, and in this
pursuit, the City will coordinate the scheduling function. The Contractor agrees to cooperate in
scheduling and performing the Work to achieve completion of the Project as soon as possible.
5. Contract Sum. The City shall pay the Contractor in current funds for the performance of the Work,
subject to additions and deductions by Change Orders as provided in the Contract Document.
6. Final Pavment. Final payment, constituting the entire unpaid balance of the Contract Sum, shall
be paid by the City to the Contractor when the Work has been completed, the Contract fully
performed, and the City accepts the Work. The acceptance of final payment shall constitute a
waiver of all claims by the Contractor except those previously made in writing and identified by the
Contractor as unsettled at the time of Application for Final Payment.
7. Performance and Pavment Bonds. If this is a project for the doing of public work, the Contractor
shall post a Performance and a Payment Bond each in an amount equal to one hundred percent
(100%) of the payments due Contractor to insure the prompt and faithful performance of this
Contract by Contractor and to insure prompt payment to the subcontractors and suppliers of the
Contractor. The Bonds shall be in a form approved by the City. Contractor shall provide the Bond
to the City before commencing work and within ten (10) days after execution of this Contract. If
the Performance and/or Payment Bond are not submitted as provided herein, this Contract shall be
considered void.
8. Insurance and Indemnification.
A. The Contractor shall purchase and maintain insurance to protect itself from claims under the
Worker's Compensation Act.
B. The Contractor shall purchase and maintain insurance to protect itself from claims for damages
because of bodily injury including personal injury, sickness or disease, or death of any of its
employees or any person other than its employees; and from claims for damages because of injury
to or destruction of tangible property including loss of use resulting therefrom and frqm claims
60104.01A
Construction Services
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9.
60104.01A
arising out of the performance of this Contract by the Contractor. The base limits of this policy
shall be $1,000,000.00 combined single limit.
C.
Before the City executes this Contract, the Contractor shall provide the City with evidence of
insurance in a form of a Certificate from the insurer naming all policies. The City shall be an
additional named insured on the Contractor's insurance policy. The insurance policies shall contain
a provision that they may not be canceled unless prior written notice thereof is given to the City not
less than ten (10) business days prior to the cancellation date.
D.
The Contractor shall be responsible for initiating, maintaining and supervising all safety precautions
and programs in connection with the Work. The City shall not be responsible for or have control of
safety precautions and programs in connection with the Work.
E.
Contractor provides the financial protection of the required insurance to benefit both City and
Contractor. Providing and -paying for the insurance is part of the consideration which Contractor
offers City. The City does not represent or warrant that the types of limits of insurance specified in
this Article adequately protect Contractor's interest or sufficiently cover Contractor's liability.
F.
The Contractor shall defend, hold harmless and indemnify the City, its officers, agents, and
employees from and against any and all claims, demands, actions or causes of action (including
court costs and reasonable attorneys' fees) of whatever nature of character arising from the
Contractor's performance of the Work herein.
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-,
Warrantv. The Contractor expressly warrants and guarantees to the City that all Work performed
and all materials furnished shall be in accord with the Contract Documents and shall be free from
defects in materials, workmanship, and operation which appear within a period of one year, or
within such longer period as may be prescribed by law or in the terms of the Contract Documents,
from the date of City's acceptance of the Work. The City's rights under the Contractor's warranty
are not the City's exclusive remedy. The City shall have all other remedies available under this
Contract, at law or in equity.
Should any defects develop in the materials, workmanship, or operation of the system within the
specified period, upon notice from the City, the Contractor agrees, within fourteen (14) calendar
days after receiving written notice and without expense to the City, to repair, replace and in general
to perform all necessary corrective Work with regard to the defective or nonconforming Work or
materials to the satisfaction of the City. THE FOREGOING SHALL NOT IN ANY MANNER
LIMIT THE CITY'S REMEDY OR THE CONTRACTOR'S LIABILITY TO THOSE DEFECTS
APPEARING WITHIN THE WARRANTY PERlOD. The Contractor agrees to perform the Work
in a manner and at a time so as to minimize any damages sustained by the City and so as to not
interfere with or in any way disrupt the operation so the City or the public.
The corrective Work referred to above shall include without limitation, (a) the cost of removing the
defective or nonconforming Work and materials from the site, (b) the cost of correcting all Work of
other Contractors destroyed or damaged by defective or nonconforming Work and materials
including the cost of removal of such damaged Work and materials from the site, and (c) the cost of
correcting all damages .to Work of other Contractors caused by the removal of the defective or
nonconforming Work or materials. '
Construction Services
10.
RiJ!hts and Remedies. The duties and obligations imposed by the Contract Documents and the
rights and remedies available thereunder shall be in addition to and not a limitation of any duties,
obligations, rights, and remedies otherwise imposed or available by law.
No action or failure to act by the City or the Contractor shall constitute a waiver of any right or duty
afforded any of them under the Contract, nor shall any such action or failure to act constitute an
approval of or acquiescence in any breach thereunder, except as may be specifically agreed in
writing.
11. Notice. Required notices to the Contractor shall be in writing, and shall be either hand delivered to
the Contractor, its employees or agents, or mailed to the Contractor by certified mail at the
following address:
Lloyd Excavating, Inc.
P.O. Box 514
Prior Lake, MN 55372
Notices to the City shall be in writing and shall be either hand delivered to the City Manager or
mailed to the City by certified mail in care of the City Manager at the following address:
City of Prior Lake
16200 Eagle Creel\ Avenue SE
Prior Lake, Minnesota 55372.
12. Condition and Inspection. All goods and other materials furnished under this Contract shall be
new and in current manufacture, unless otherwise specified, and all goods and work shall be of
good quality, free from faults and defects and in conformance with the Contract Documents. All
goods and work not conforming to these requirements shall be considered defective.
Goods shall be subject to inspection by the City. Defective goods or goods not in current
manufacture may be returned to the Contractor at the Contractor's expense.
13. Correction of Work. The Contractor shall promptly correct all Work rejected by the City as
defective or as failing to conform to the Contract Documents whether observed before or after
Substantial Completion of the Project and whether or not fabricated, installed or completed. The
Contractor shall bear all costs of correcting such rejected Work.
If, within one (1) year after the Date of Substantial Completion of the Project or designated portion
thereof or within one (1) year after acceptance by the City of designated equipment, or within such
longer period of time as may be prescribed by law or by the terms of any applicable special
warranty required by the Contract Documents, any of the Work is found to be defective or not in
accordance with the Contract Documents, the Contractor shall correct it promptly after receipt of a
written notice from the City to do so unless the City has previously given the Contractor a written
acceptance of such condition. This obligation shall survive both final payment for the Work or
designated portion thereof and termination of the Contract. The City shall give such notice
promptly after discovery of the condition.
60104.01A
Construction Services
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14. Citv's Rif!ht to Carrv Out the Work. If the Contractor defaults or neglects to cany out the Work in
accordance with the Contract Documents or fails to perform any provision of the Contract, the City
may, after seven (7) days written notice to the Contractor and without prejudice to any other remedy
the City may have, make good such deficiencies. In such case, an appropriate Change Order shall
be issued deducting from the payment then or thereafter due the Contractor the cost of correcting
such deficiencies. If the payments then or thereafter due the Contract are not sufficient to cover
such amount, the Contractor shall pay the difference to the City.
15. Chanf!e Orders. The Contract Sum maybe changed only by written Change Order approved by the
City Council.
The cost or credit to the City resulting from a Change Order shall be determined in one of the
following manners: (1) By mutual acceptance of a lump sum; or (2) by unit prices stated in the
Contract Documents as subsequently agreed upon.
16. Unauthorized Work. Additional Work performed without authorization of a Change Order will
not entitle Contractor to an increase in the Contract Price or an extension of the Contract Time.
17. Termination. If the Contractor persistently or repeatedly refuses or fails, except in cases for which
extension of time is provided, to supply enough properly skilled workers or proper materials, or
fails to made prompt payment to subcontractors or for materials or labor or persistently disregards
laws, ordinances, rules, regu1ati9ns or orders of any public authority having jurisdiction, or
otherwise is guilty of a substantial violation of a provision of the Contract Documents, and fails
within seven (7) days after receipt of written notice to commence and continue correction of such
default, neglect or violation with diligence and promptness, the City may, without prejudice to any
other remedy the City may have, terminate the employment of the Contractor and take possession
of the site and of all materials, equipment, tools, construction equipment and machinery thereon
owned by the Contractor and my finish the Work by whatever methods the City may deem
expedient. In such case, the Contractor shall not be entitled to receive any further payment until the
Work is finished.
18. Promvt Pavment to Subcontractors. The Contractor shall pay any subcontractor within ten (10)
days of the Contractor's receipt of payment by the City for undisputed services provided by the
Subcontractor. If the Contractor fails within that time to pay the subcontractor any undisputed
amount for which the Contractor has received payment by the City, the Contractor shall pay interest
to the subcontractor on the unpaid amount at the rate of one and one-half percent (1.5%) per month
or any part of a month. The minimum monthly interest penalty payment for an unpaid balance of
$100.00 or more is $10.00. For an unpaid balance ofless than $100.00, the Contractor shall pay the
actual interest 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. The Contractor shall, by an appropriate
agreement with each subcontractor, require each subcontractor to make payments to his
subcontractors in a similar manner.
19. Indevendent Contractor. At all times al1d for all purposes hereunder, the Contractor is an
independent contractor, and not an employee of the City.
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Construction Services
20. Affirmative Action Policv. All Contractors and subcontractors employed shall comply with all
applicable provisions of all federal, state and municipal laws which prohibit discrimination in
employment on the basis of race, color, religion, sex, marital status, national origin, ancestry, age,
and physical or mental handicap and all rules and regulations, promulgated and adopted pursuant
thereto. The Contractor will include a similar provisions in all subcontracts entered into for the
performance of this contract.
21. Miscellaneous.
A. This Contract shall become effective only upon its execution by both the City and the Contractor.
This Contract shall not be modified, amended, rescinded, waived or terminated without the
approval in writing of the City CounciL
B. The City shall be allowed 10 audit Contractor's books and records during regular business hours
upon five (5) days written notice.
C. This Agreement shall be governed by the laws of the State of Minnesota.
D. That with respect to any and all businesses conducted or acts performed pursuant to this
Agreement, the Contractor shall be deemed an employer.
60104.01A
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IN WITNESS WHEREOF, the parties have entered into this Agreement as of the date and year
hereinabove first written.
CITY OF PRIOR LAKE
CONTRACTOR
By:
Wesley M. Mader, Mayor
By:
Its:
By:
Frank Boyles, City Manager
STATE OF MINNESOTA )
(ss.
COUNTY OF )
The foregoing instrument was acknowledged before me this day of , 2001,
by Frank Boyles, City Manager of the City of Prior Lake, a Minnesota municipal corporation, on behalf of
the corporation and pursuant to the authority granted by its City Council.
Notary Public
STATEOFMINNESOTA )
(ss.
COUNTY OF )
The foregoing instrument was acknowledged before me this _ day of
, the of
corporation, on its behalf, Contractor.
, 2001, by
, a
Notary Public
This Instrument Drafted By:
CAMPBELL KNUTSON
Professional Association
1380 Corporate Center Curve
Suite 317
Eagan, Minnesota 55121
SLP:MKB
60104.01A
Construction Services
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