HomeMy WebLinkAbout8A - 2002 Improvement Project
jk.lt ~
CITY COUNCIL AGENDA REPORT
DATE:
AGENDA #:
PREPARED BY:
SUBJECT:
JULY 15, 2002
SA
SUE MCDERMOTT, CITY ENGINEER
CONSIDER APPROVAL OF TWO RESOLUTIONS 1)
ACCEPTING BIDS AND AWARDING THE CONTRACT FOR
STREET AND UTILITY CONSTRUCTION FOR 2002
IMPROVEMENT PROJECT #02-11 AND ESTATE AVENUE LIFT
STATION IMPROVEMENT #02-02 AND 2) AUTHORIZING
MCCOMBS FRANK ROOS ASSOCIATES, INC. TO PROVIDE
CONSTRUCTION SURVEYING FOR PROJECT #02-11.
DISCUSSION:
HISTORY
City Project #02-11 includes proposed street and utility
reconstruction improvements to Pixie Point Circle, Green Oaks
Trail, Lori Road and Estate Avenue (Project #02-11) and Estate
Avenue Lift Station Improvements (Project #02-02). The City
Council held a Public Hearing for these improvements on March
18, 2002. The project was approved in the 2002 Capital
Improvements Program and on June 3, 2002 the Council
approved plans and specifications and authorized the
Advertisement for Bids for the project. The purpose of this agenda
item is to accept the bids and award a contract to the lowest
responsible bidder.
In addition, staff is requesting that the council authorize the Mayor
and City Manager to enter into a contract with McCombs Frank
Roos Associates, Inc. (MFRA) to complete construction surveying
for the project.
CURRENT CIRCUMSTANCES
(1) Construction
Bids were received and opened on July 9, 2002. Two bidders
submitted bids. The bids have been checked and tabulated. The
low bid was submitted by Barbarossa & Sons, Inc. of Osseo, MN
in the amount of $1,547,014.70. The bid was above the
Engineer's Estimate of $1,426,034.00. The summary is as
follows:
CONTRACTORS
Barbarossa & Sons, Inc.
Valley Paving, Inc.
BID AMOUNT
$1,547,014.70
$1,733,542.41
162~l1ai.\~~~~2MAt&r.oo<!;.ake, Minnesota 55~72c1714 / Ph. (952) 447-4230 / Fax (952) 447-4245
AN EQUAL OPPORTUNITY EMPLOYER
....._.. ..' ,.._.,._,_.~,",____.,"~..~."..._." .,,_.>.._..,.~_.'M_"_"'__"W'"'''"''~'____''''' ....~._.
Barbarossa & Sons, Inc. was awarded both the 2001
Improvement Project and the CSAH 42 Trunk Watermain
Extension both of which they are currently completing. The staff
recommends that the City Council award the contract to
Barbarossa & Sons, Inc. as the lowest responsible bidder.
The project is to be paid for from a number of funding sources
including assessments, tax levy, Water Quality Fund, and Trunk
Reserve Fund. The street construction and storm sewer are to be
paid from assessments (40%) and tax levy (60%), the Trunk
Reserve fund is to pay for all of the trunk storm sewer, watermain
and sanitary sewer main replacement. The tables below show the
funding sources for the project:
CITY PROJECT #02-11
RECONSTRUCTION
I Total Bid Amount $1,547,014.70
Items Paid from Trunk Reserve Fund:
Lift Station Improvements ($134,000)
Items Paid from Enterprise Fund:
Water Main Improvements ($192,018)
Sanitary Sewer Improvements ($312,960)
Items Paid from Water Quality Fund:
Sedimentation structures, pipe outfalls ($80 000)
Net Construction Cost Basis for Assess. Determination $828,037
Plus 28% Admin., Finance, Eng., & Contingency $231,850
Total Project Cost for Assessment Determination $1,059,914
Total Assessment Amount (40%) $423,965
Total Levy Amount (60%) $635,949
Proposed Unit Rate ($423,965/86 Units) $4,930
Revised Feasibility Report Estimated Assessment $4,884
FUNDING SOURCES
ITEM
TOTAL
$635,949
$423,965
$80,000
$504,978
$134,000
r Quality Fund
rise Fund
Trunk Reserve
G:\Agenda\Agenda02\02A W ARD.DOC
2
Staff has recommended that the project be assessed on a unit
basis. Using the above breakdown in funding sources, the
proposed assessments for the project amount to $4,930 per unit.
This is a 1 % increase above the revised assessment estimate of
approximately $4,884 per unit reviewed by the Council at its June
3,2002 meeting.
(2) SurvevinQ
Although City staff will be providing construction observation, it will
be necessary to hire a consulting firm to complete the
construction surveying as has been done in the past. These costs
have been incorporated into the total project amount.
Staff requested proposals for construction surveying from four
consulting firms. The firms are MFRA, WSB & Associates, and
Ultieg Engineers, Inc.
Staff recommends hiring MFRA to perform construction surveying.
All three firms proposed to bill the City at an hourly rate and
specified a not-to-exceed amount. The quotes below are based
on each firm's interpretation of the project scope of work (total
hours required).
MFRA
WSB
Ultie
$158
$115
$110
149
308
359
$23,500
$35,500
$39,500
Based on the not-to-exceed amount, staff recommends that
MFRA provide construction surveying services. The amount of
$23,500 equates to approximately 1.5% of the construction cost
which is very reasonable for a project of this size. Despite the
significant disparity in proposed project hours, we believe the
MFRA proposal to' be realistic as they completed the 2001
Improvement Project within the proposed budget.
ISSUES
Storm sewer easement on Estate A venue - The remaining
unresolved issue is the storm sewer easement on Estate Avenue.
An appraisal has been completed and negotiations are underway
at this time for acquisition of the easement. The specifications
were written such that the Contractor will not be able to
commence work on Estate Avenue and Lori Road until the
easement acquisition is completed. Therefore, it is likely that this
portion of the project will be completed in 2003.
G:\Agenda\Agenda02\02A W ARD.DOC
3
AL TERNATIVES:
RECOMMENDED
MOTION:
G:\Agenda\Agenda02\02A W ARD.DOC
The special assessment hearing will be held in October. The
October Assessment Hearing is the appropriate time for the City
Council to address the assessment method.
CONCLUSIONS
Staff recommends that the Council award the following contracts:
(1) 2002 Improvement Project to Barbarossa & Sons, Inc.
(2) 2002 Project Construction Surveying to MFRA.
There are three alternatives for the City Council to consider:
1. Approve two resolutions (1) accepting bids and awarding the
contract for Project 02-11 2002 Improvements to the lowest
responsible bidder, Barbarossa & Sons, Inc. for the bid
amount of $1,547,014.70 and authorizing the Mayor and City
Manager to execute a contract for the construction project and
(2) authorizing the Mayor and City Manager to execute a
contract for construction surveying with MFRA, Inc. in the
amount not to exceed $23,500.
2. Deny this item for a specific reason and provide staff with
direction.
3. Table this item until some date in the future.
A motion and second to adopt resolutions (1) accepting bids and
awarding the contracts for 2002 Improvement Project 02-11 to
Barbarossa & Sons, Inc. and (2) executing a contract for
construction surveying with MFRA, Inc.
REVIEWED BY
4
RESOLUTION 02-
}Ie-
MOTION BY:
RESOLUTION AUTHORIZING MFRA, INC. TO PROVIDE
CONSTRUCTION STAKING SERVICES FOR
2002 STREET IMPROVEMENT PROJECT (CITY PROJECT 02-11)
r~
v
0f
SECOND BY:
WHEREAS, the Council conducted a Public Hearing and approved Resolution 02-55,
ordering the 2002 Improvement Projects, and
WHEREAS, construction staking services are required on the project, and
WHEREAS, the City cannot cost effectively provide these services at its current staffing
level.
NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF PRIOR LAKE,
MINNESOTA, MFRA, Inc. is hereby authorized to provide Construction Staking Services for
the 2002 improvement projects for a fee not to exceed the amount of $23,500.
BE IT FURTHER RESOLVED, that funding for these engineering services will be drawn from
the Construction Fund and the Mayor and City Manager are authorized to execute SftiQ, ,
,1"~eT'ot on behalf of the Cjty. , . -1M CAy $
9 'J;t. tan~~ ~ r~t,'vww--\ ~~
Passed and adopted this 15th day of July, 2002.
Hau en
Gundlach
LeMair
Petersen
Zieska
NO
Hau en
Gundlach
LeMair
Petersen
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
G :\Resolution\ResoI02\CO NSTKm~000pPORTUNITY EMPLOYER
/ t~
RESOLUTION 02-~,
ACCEPTING BIDS AND AWARDING CONTRACT
FOR 2002 IMPROVEMENT PROJECT #02-11 AND
ESTATE AVENUE LIFT STATION PROJECT #02-02
MOTION BY:
SECOND BY:
WHEREAS, pursuant to an advertisement for bids for the 2002 Improvement Project including Pixie
Point Circle, Green Oaks Trail, Lori Road and Estate Avenue (City Project #02-11) and
Estate Avenue Lift Station Renovation (City Project #02-02) which includes sanitary
sewer, lift station repairs, water main, storm sewer, aggregate base, concrete curb and
gutter, bituminous pavement, turf restoration and appurtenant work; and
WHEREAS, two bids were received, opened, and tabulated according to law; and
WHEREAS, the following bids were received complying with the advertisement:
CONTRACTORS
Barbarossa & Sons, Inc.
Valley Paving, Inc.
BID
$1,547,014.70
$1,733,542.41
WHEREAS, Barbarossa & Sons, Inc. of Osseo, Minnesota is the lowest responsible bidder.
NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF PRIOR LAKE, MINNESOTA,
THAT:
1. The recitals set forth above are incorporated herein. ~ t'rl.jlf $b-J~ C&lfd
2. The Mayor and City Manager are hereby authorized to enter into a 99RO ClGt with Barbarossa &
Sons, Inc. of Osseo, Minnesota in the name of the City of Prior Lake for the 2002 Improvement
Project (Project #02-11) and Estate Avenue Lift Station Renovation (Project #02-02) in the
amount of $1,547,014.70.
3. The City Manager is hereby authorized and directed to return to all bidders the deposits made
with their respective bids. .
Passed and adopted this 15th day of July 2002.
Haugen Hauqen
Gundlach Gundlach
LeMair LeMair
Petersen Petersen
Zieska Zieska
YES
NO
{Seal}
Frank Boyles
City Manager
b'i\~QQ,I~~~(J~RDg:2,OOi:Pr Lake, Minnesota 55372-1714 / Ph. (952) 447-4230 / Fax (952) 447-4245
AN EQUAL OPPORTUNITY EMPLOYER
STANDARD AGREEMENT FOR PROFESSIONAL SERVICES
THlS AGREEMENT is made on the 15th day of July, 2002, between the City of Prior Lake, Minnesota
(hereinafter "City"), whose business address is 16200 Eagle Creek Avenue S.E., Prior Lake, MN 55372-
1714, and McCombs, Frank, Roos Associates, Inc. (MFRA), a Minnesota corporation (hereinafter
"Consultant") whose business address is 15050 23rd Avenue North, P1vmouth, MN 55447
PRELIMINARY STATEMENT
The City has adopted a policy regarding the selection and hiring of consultants to provide a variety of
professional services for City projects. That policy requires that persons, firms or corporations providing
such services enter into written agreements with the City. The purpose of this agreement is to set forth the
terms and conditions for professional services by Consultant for Construction Surveying Services for 2002
Improvement Proiect City Proiect #02-11 (Pixie Point Circle, Lori Road, Estate Avenue, Green Oaks Trail
and 150th Street) hereinafter referred to as the "Work".
The City and Consultant agree as follows:
1. Scope of Work. The Consultant agrees to provide the professional services shown in Exhibit "A"
in connection with the Work.
2. Time for Performance of Services. The Consultant shall perform the services described in Exhibit
A within the following timeframe unless otherwise agreed upon in writing:
3. Compensation for Services. City agrees to pay the Consultant $23.500.00 for the services as
described in Paragraph 1 (and Exhibit A).
A. Any changes in the scope of the work which may result in the compensation due the
Consultant shall require prior written approval-by an authorized representative of the City or
by the City Council. The City will not pay additional compensation for services that do not
have prior written authorization.
B. Special Consultants may be utilized by the Consultant when required by the complex or
specialized nature of the Project and when authorized in writing by the City.
C. City agrees to pay Consultant for extra services by the Consultant or Special Consultants
when authorized in writing by the City.
4. The City agrees to provide the Consultant with the complete information concerning the Scope of
the Work and to perform the following services:
A. Access to the Area. Depending on the nature of the Work, Consultant may from time to
time require access to public and private lands or property. As may be necessary the City
shall obtain access to and make all provisions for the Consultant to enter upon public and
last revised Oct. 2000
1
"._.~-,._.,.~,---_._~.....,-_.....~,,,..-'_'--"-_'_"-"-----.----.......-.-----------..."....-." ,
private lands or property as required for the Consultant to perform such services necessary
to complete the Work.
B. Consideration of the Consultant's Work. The City shall give thorough consideration to all
reports, sketches, estimates, drawings, and other documents presented by the Consultant,
and shall inform the Consultant of all decisions required of City within a reasonable time so
as not to delay the work of the Consultant.
C. Standards. The City shall furnish the Consultant with a copy of any standard of criteria,
including but not limited to, design and construction standards they may require in the
preparation ofthe report for the Project.
D. Owner's Representative. A person shall be appointed to act as the City's representative with
respect to the work to be performed under this Agreement. He or she shall have complete
authority to transmit instructions, receive information, interpret, and define the City's policy
and decisions with respect to the services provided or materials, equipment, elements and
systems pertinent to the work covered by this Agreement.
5. Method of Payment. The Consultant shall submit to the City, on a monthly basis, itemized bills for
professional services performed under Section 4 of this Agreement. Bills submitted shall be paid in
the same manner as other claims made to the City.
A. Progress Payment. For work reimbursed on an hourly basis, the Consultant shall indicate
for each employee, his or her name, job title, the number of hours worked, rate of pay for
each employee, a computation of amounts due for each employee, and the total amount due
for each project task. Consultant shall verify all statement submitted for payment in
compliance with Minnesota Statutes Sections 471.38 and 471.391. For reimbursable
expenses, if permitted in Exhibit A, the Consultant shall provide such documentation as
reasonably required by the City.
B. Abandoned or Suspended Work. If any work performed by the Consultant is abandoned or
suspended in whole or in part by the City, the Consultant shall be paid for any services
performed on account of it prior to receipt of written notice from the City of such
abandonment or suspension, all as shown on Exhibit A attached hereto and incorporated
herein by reference.
C. Payments for the Consultant's Reimbursable Costs. The Consultant shall be reimbursed for
the work of special consultants, as described in Section 3B, and for other items when
authorized in writing by the City. Such items shall include: transportation of principals and
employees on special trips to the Project or to other locations, materials and supplies, and
AutoCAD as required to expedite the work, and reproduction of reports.
7. Project Manager and Staffing. The Consultant has designated Hany Nelson and Paul Johnson to
serve on the Project. They shall be assisted by other staff members as necessary to facilitate the
completion of the Project in accordance with the terms established herein. Consultant may not
remove or replace Hany Nelson or Paul Johnson, from the Project without the approval of the City.
last revised Oct. 2000
2
8. Standard of Care. All Work performed pursuant to this Agreement shall be in accordance with
the standard of care in Scott County, Minnesota for professional services ofthe like kind..
9. Audit Disclosure. The Consultant shall allow the City or its duly authorized agents reasonable
access to such of the Consultant's books and records as are pertinent to all services provided under
this Agreement. Any reports, information, data, etc. given to, or prepared or assembled by, the
Consultant under this Agreement which the City requests to be kept confidential shall not be made
available to any individual or organization without the City's prior written approval. All finished or
unfinished documents, data, studies, surveys, drawings, maps, models, photographs, and reports
prepared by the Consultant shall become the property of the City upon termination of this
Agreement, but Consultant may retain copies of such documents as records of the services
provided.
10. Term. The term of this Agreement shall be from July 15, 2002 through, Julv 15, 2003, the date of
signature by the parties notwithstanding. This Agreement may be extended upon the written mutual
consent of the parties for such additional period as they deem appropriate, and upon the terms and
conditions as herein stated.
11. Termination. This Agreement may be terminated by either party by seven (7) days' written notice
delivered to the other party at the address written above. Upon termination under this provision if
there is no fault of the Consultant, the Consultant shall be paid for services rendered and
reimbursable expenses until the effective date of termination. If however, the City terminates the
Agreement because of the Consultant has failed to perform in accordance with this Agreement, no
further payment shall be made to the Consultant, and the City may retain another contractor to
undertake or complete the work identified in Paragraph 1. If as a result, the City incurs total costs
for the work (including payments to both the present contractor and a future contractor) which
exceed a maximum Agreement amount, if any, specified under Paragraph 3, then the Consultant
shall be responsible for the difference between the cost actually incurred and the Agreement
amount.
12. Subcontractor. The Consultant shall not enter into subcontracts for services provided under this
Agreement except as noted in the Scope of Work, without the express written consent of the City.
The Consultant shall pay any subcontractor involved in the performance of this Agreement within
the ten (10) days of the Consultant's receipt of payment by the City for undisputed services provided
by the subcontractor. If the Consultant fails within that time to pay the subcontractor any
undisputed amount for which the Consultant has received payment by the City, the Consultant shall
pay interest to the subcontractor on the unpaid amount at the rate of 1.5 percent per month or any
part of a month. The minimum monthly interest penalty payment for an unpaid balance of $100 or
more is $10. For an unpaid balance ofless than $100, the Consultant shall pay the actual interest
penalty due to the subcontractor. A subcontractor who prevails in a civil action to collect interest
penalties from the Consultant shall be awarded its costs and disbursements, including attorney's
fees, incurred in bringing the action.
13. Independent Consultant. At all times and for all purposes herein, the Consultant is an independent
contractor and not an employee of the City. No statement herein shall be construed so as to find the
Consultant an employee of the City.
last revised Oct. 2000
3
~ . "........_"......-... _. _"'~,____,~_.. .___....,...._...>...m. _"_"___'~' "."...----"."--~."'.-".
14. Non-Discrimillation. During the performance of this Agreement, the Consultant shall not
discriminate against any employee or applicants for employment because of race, color, creed,
religion, national origin, sex, marital status, status with regard to public assistance, disability, or
age. The Consultant shall post in places available to employees and applicants for employment,
notices setting forth the provision of this non-discrimination clause and stating that all qualified
applicants will receive consideration for employment. The Consultant shall incorporate the
foregoing requirements of this paragraph in all of its subcontracts for program work, and will
require all of its subcontractors for such work to incorporate such requirements in all subcontracts
for program work.
15. Assignment. Neither party shall assign this Agreement, nor any interest arising herein, without the
written consent of the other party.
16. Services Not Provided For. No claim for services furnished by the Consultant not specifically
provided for herein shall be honored by the City.
17. Severability. The provisions of this Agreement are severable. If any portion hereof is, for any
reason, held by a court of competent jurisdiction to be contrary to law, such decision shall not affect
the remaining provisions of this Agreement.
18. Entire Agreement. The entire agreement of the parties is contained herein. This Agreement
supersedes all oral agreements and negotiations between the parties relating to the subject matter
hereof as well as any previous agreements presently in effect between the parties relating to the
subject matter hereof. Any alterations, amendments, deletions, or waivers of the provisions of this
Agreement shall be valid only when expressed in writing and duly signed by the parties, unless
otherwise provided herein. .
19. Compliance with Laws and Regulations. In providing services hereunder, the Consultant shall
abide by all statutes, ordinances, rules and regulations pertaining to the provisions of services to be
provided. Any violation shall constitute a material breach of this Agreement and entitle the City to
immediately terminate this Agreement.
20. Waiver. Any waiver by either party of a breach of any provisions of this Agreement shall not
affect, in any respect, the validity of the remainder of this Agreement.
21. Indemnification. Consultant agrees to defend, indemnify and hold the City, its officers, and
employees harmless from any liability, claims, damages, costs, judgments, or expenses, including
reasonable attorney's fees, resulting directly or indirectly from an act or omission (including without
limitation professional errors or omissions) of the Consultant, its agents, employees, or
subcontractors in the performance of the services provided by this Agreement and against all losses
by reason of the failure of said Consultant fully to perform, in any respect, all obligations under this
Agreement.
22. Insurance.
A. General Liability. During the term of this Agreement, Consultant shall maintain a general
liability insurance policy with limits of at least $600,000 for each person, and each
last revised Oct. 2000
4
occurrence, for both personal injury and property damage. This policy shall name the City
as an additional insured for the services provided under this Agreement and shall provide
that the Consultant's coverage shall be the primary coverage in the event of a loss. The
policy shall also insure the indemnification obligation contained in Paragraph No. 21. A
certificate of insurance on the City's approved form which verifies the existence of this
insurance coverage must be provided to the City before work under this Agreement is
begun.
B. Worker's Compensation. The Consultant shall secure and maintain such insurance as will
protect Consultant from claims under the Werker's Compensation Acts and from claims for
bodily injury, death, or property damage which may arise from the performance of
Consultant's services under this Agreement.
C. Professional Liabilitv Insurance. The Consultant agrees to provide to the City a certificate
evidencing that they have in effect, with an insurance company in good standing and
authorized to do business in Minnesota, a professional liability insurance policy. Said
policy shall insure payment of damage for legal liability arising out of the performance of
professional services for the City, in the insured's capacity as the Consultant, if such legal
liability is caused by an error, omission, or negligent act of the insured or any person or
organization for whom the insured is legally liable. Said policy shall provide an aggregate
limit of $1,000,000.
23. Records Access. The Consultant shall provide the City access to any books, documents, papers,
and records which are directly pertinent to the specific contract, for the purpose of making audit,
examination, excerpts, and transcriptions, for three years after final payments and all other pending
matters related to this contract are closed.
24. Ownership of Documents. All plans, diagrams, analyses, reports, and information generated in
connection with performance of the Agreement shall become the property of the City. The City
may use the information for its purposes. Such use by the City shall not relieve any liability on the
part ofthe Consultant.
25. Governing Law. This Agreement shall be controlled by the laws of the State of Minnesota.
last revised Oct. 2000
5
... ~-.,._,---_.,,,,.._------_.<,._~--,.- . .-._.....-"-,~~-^"----.._.
Executed as ofthe day and year first written above.
Reviewed for form:
City Engineer
last revised Oct. 2000
CITY OF PRIOR LAKE
City Manager
MCCOMBS, FRANK, ROOS ASSOC., INC.
(MFRA)
By:
Its:
By:
Its:
6
Engineering · Planning · Surveying
EXHIBIT~ A
:1~~@~DW~m
W JUL B - 2002 ~
By
McCombs Frank Roos
Associates. Inc.
--'
July 8, 2002
Ms. Sue McDermott, P.E.
City Engineer
City of Prior Lake
16200 Eagle Creek Avenue Southeast
Prior Lake, Minnesota 55372-1714
SUBJECT: Professional Construction Surveying Services
Dear Ms. McDermott:
McCombs Frank Roos Associates, Inc. (MFRA) is pleased to submit the attached proposal to
provide construction surveying services for City of Prior Lake's 2002 ImprovemenfProject No. 02-
11 (Pixie Point Circle, Lori Road, Estate Avenue, Green Oaks Trail and 150th Street). This project
involves approximately one mile of street reconstruction as well as storm sewer, watermain and
sanitary sewer construction.
MFRA has been providing municipal engineering and surveying services throughout the Twin Cities
metropolitan area for 36 years. Our current staff is comprised of four Minnesota-licensed surveyors
and 17 field technicians with several hundred years of combined experience. In sum, MFRA offers
the following: .
. 36 years of proven experience with engineering and surveying for similar streets
reconstruction projects;
. Strong reputation for providing high-quality services including, we believe, a very
successful similar project last year with the City of Prior Lake; and
. Proven efficiency in supporting aggressive construction schedules.
Thank you for your consideration of MFRA to assist the City of Prior Lake in this reconstruction
project. If you have any questions, please contact me by telephone at (763) 476-6010 or e-mail me at
hnelson@mfra.com. We look forward to hearing from you.
Sincerely,
2!::;;;(:n~ nJ e4--
HDN:rth
s:\main:\promo\nelson\priorlake-surveying7 -l
15050 23rd Avenue North . Plymouth, Minnesota . 55447
phone 763/476-6010 . fax 763/476-8532
e-mail.mfra@mfra.com
-~~ --_.~-"..-^ .,..._-,_.,>,'~'""", -,---.". -- --.....
UnderstandinJ! of Proiect
As part of its 2002 Improvement Project No. 02-11, the City of Prior Lake will undertake the
reconstruction of one mile of street as well as construction of storm sewer, watermain and sanitary
sewer. This project will be undertaken on the following streets: Pixie Point Circle, Lori Road, Green
Oaks Trail and 150th Street. This estimated $1.5M construction project is planned to Occur during
the summer of 2002.
During the construction surveying, the surveying consultant will perform the following services:
1. Utilize City suryey data that is provided in a digital format.
2. Provide line and grade stakes as required for all utility improvements.
3. Provide "cut sheets" for all utility improvements.
4. Provide line and grade stakes as required for all street improvements including curb stakes,
sidewalks, trails, etc.
5. Provide "cut sheets" for all street improvements.
6. Provide information (in a text file format) for record drawings, including but not limited to
top nut of hydrants, manhole rims, and manhole inverts.
We understand that the City of Prior Lake is in the process of completing the engineering
specifications for this project, including the control and alignment determinations. In addition,
service locations to each home will be pre-determined by the City Inspector.
Oualifications
Each of our field project teams is headed up by a Crew Chief who has at least 20 years of
experience, so the City of Prior Lake can be assured that an experiepced surveyor will provide
sufficient quality control for all on-site work In addition, we have four Registered Land Surveyors
(RLS, MN) to provide regular office support for field staff. A summary of our recent experience
with street construction project follows.
· City of Prior Lake, Construction Surveying for 2001 Improvement Project No. 01-11
Reference: Ms. Sue McDermott, P.E., City Engineer (952) 447-4230
As part of a $l.5M reconstruction project, MFRA provided construction surveying seryices for
storm sewer, watermain and sanitary sewer construction.
· City of Dassel, Several projects from 1996 to 2000
Reference: Mr. David Scepaniak, City Public Works Director (320) 275-3180
MFRA has provided surveying and engineering services for three separate reconstruction projects
with the City of Dassel within the past few years. In 1996, MFRA provided watermain, sanitary and
storm sewer reconstruction staking services for 2 miles of Highway 12, a $lM project with
approximately $40K in surveying services. In 1997, MFRA provided 2,000 feet of watermain; 1,500
feet of sanitary sewer; and 500 feet of storm sewer reconstruction suryeying for North 3rd Street, a
$400K street reconstruction project with $20K in surveying services. In 1998-1999, MFRA provided
$30K in suryeying services for 4,000 feet of sanitary sewer; and 500 feet for both sanitary and storm
sewer for a five-street, $800K improvement project.
. City of St. Paul Park, Current project
Reference: Mr. Barry Sittlow, City Administrator (651) 459-9785
MFRA is currently providing engineering and construction surveying services for the City of St.
Paul Park for their 4th, 5th, 6th Streets and 11th A venue Utility and Street Improvements project.
This project will reconstruct 4,500 liner feet of storm, sanitary and watermain. The construction cost
is $590K and the fee for engineering/surveying services is $90K.
. Camp Ripley, 1991 to 1998
Reference: Mr. Pat Rolf, State Architect (320) 632-7332
MFRA was originally hired by Camp Ripley in 1991 to provide an engineering study for storm
sewer and street reconstruction of the Camp's entire cantonment area. Between 1991 and 1998,
MFRA provided $500K in engineering services ($100K in construction staking services) for this
$8.8M construction project covering more than 10 miles of both storm sewer and street
reconstruction.
Other Municipal Street Reconstruction Projects
City Street Storm Watermain Sanitary
Length Sewer Sewer
Clarkfield 1.5 mile X
Cottonwood 0.5 mile X
Elk River 1 mile X
Excelsior 1.5 mile X X
Independence 5 miles X X X
Long Lake 2.5 miles X X
Lynd 4 miles X
Minnetonka 1 mile X X
Beach
Mound 35 miles X
Prior Lake 1 mile X X X
Rockford 5 miles X X X
St. Michael 1 mile X
Vesta 4 miles X X
Watertown 2 miles X X X
Wood Lake 3 miles X X X
,~-""._----,.~,.~_.",,<--_. - .._~--,,------ ,-,- -~- ,.- ,'. --..-----.'.
Compensation
The MFRA rate for a three-person crew is $158 per hour. Based on the scope understood for meeting
the demands of this project, our not-to-exceed amount for this project is $23,500. This fee assumes
that a majority of the field work will be accomplished in 8+ hour work days and that minor 1-3 hour
job site visits will be minimal.
The deliverables for this project are based on plans prepared by the City of Prior Lake dated June 19,
2002 and will include:
· Staking for approximately 2,300 linear feet of sanitary sewer;
· Staking for approximately 2,000 linear feet of forcemain;
· Staking for approximately 1,600 linear feet of watermain;
· Staking for approximately 2,000 linear feet of storm sewer;
· Staking for approximately 30 utility services;
· Curb and gutter staking for approximately 10,200 linear feet;
· As-builts for manholes and hydrants.
The above estimated is based upon the assumption that MFRA will be furnished an electronic file of
the final plans and control points by the City of Prior Lake. It is also understood that it will be the
responsibility of the City of Prior Lake to inform MFRA of any and all engineering revisions from
the plan~ dated June 19,2002, and all construction plans will be approved for construction.
~A will provide stakes for sanitary sewer, storm sewer and watermain structures on an offset, as
needed. Stakes will be at 100-foot intervals, except stakes shall be 50-foot intervals for 100 feet
upstream of each manhole. Stakes for curb construction will be placed at 50-foot interyals for
construction of tangents and 25-foot intervals on curves and at points of curvature, high and low
points with stakes being offset, as needed.
All estimates are based on a one-time staking unless otherwise stated in proposal. Any re-staking or
additional work not covered by this proposal will be considered "additional services" and will be
invoiced at our standard hourly rate of $158 per hour for a survey crew. We request that when
ordering construction staking, that we be given at least 48 hours notice so we can meet your schedule
as well as ours.
Acceptance
We are submitting this proposal in duplicate for acceptance. We ask that one copy be signed by an
authorized representative of the party responsible for payment for the services, and that this copy be
returned to us as our authorization to proceed.
We have enclosed a copy of our "General Conditions for Professional Services." The terms
contained in the General Conditions are incorporated herein and are an integral part of this contract
for professional engineering/surveying services. ACCEPTANCE OF THIS PROPOSAL BY
AUTHORIZED SIGNATURE, VERBAL AUTHORIZATION, OR ISSUANCE OF A PURCHASE
~.
ORDER, INDICATES THAT YOU UNDERSTAND AND 'ACCEPT THE TERMS AND
CONDITIONS CONTAINED IN TillS PROPOSAL, INCLUDING THE GENERAL
CONDITIONS.
We appreciate this opportunity to provide our services and look forward to a most successful
relationship.
Very truly yours,
MFRA
He?::1:~':1~
HDN:rth
Enclosure
s: \main\promo\nelson \priorlake-s urveying7-1
THE ABOVE TERMS AND CONDITIONS ARE ACCEPTED
TillS
DAY OF
,2002.
BY:
TITLE:
,..~.__..._.,........._.__.~.._._-,,~_.._..-......_-,.--,~."------_.._^.~-,-~"-'---~_._.... ".....-
McCOMBS FRANK ROOS ASSOCIATES, INC.
GENERAL CONDITIONS FOR PROFESSIONAL SERVICES
Section 1- Scope of Work
a. McCombs Frank Roos Associates, Inc. (hereinafter called "MFRA"), shall perform the professional services
defined in this Agreement and shall invoice the Client for those services at MFRA' s standard rates. The
estimate of cost, if provided to the Client and if stated as an estimate in this Agreement, shall not be considered
as a firm figure, but only as an estimate unless specifically stated otherwise in this Agreement.
b. MFRA shall provide additional services under this Agreement as requested by the Client and shall invoice the
Client for these additional services at standard rates. It is understood that the Scope of Work defined.in this
Agreement is based on information provided by the Client. If this information is incomplete or inaccurate, or if
unexpected conditions are d}scovered or required, the Scope of Work may change, even if work is in progress.
MFRA shall make reasonable efforts to contact the Client when a change in the Scope of Work appears
necessary, and the Client, by agreeing to the change, recognizes that the estimate of cost or contract figure may
also change.
c. All services that are to be provided shall be performed only once, except where noted. Revisions to previously
completed work shall be invoiced at the standard rates.
d. All application fees, outside printing/reproduction fees and other costs incurred by MFRA shall be paid
directly by the Client, or be reimbursed to MFRA, if they are paid by MFRA.
e. The Client agrees to supply MFRA with a 2-foot topography, plans and other necessary material of the project
which is pertinent to providing professional services. 'Unless otherwise stated, MFRA shall not be respon~ible
for verifying site topography, as-built site conditions, or the accuracy of documents prepared by others. .
f. The Client shall contract separately for soil testing services."MFRA shall not be responsible for conducting or
interpreting soil testing results.
Section 2 - Reports and Ownership of Documents
a. MFRA shall furnish three (3) copies of all reports and design plans to the Client. The Client agrees to pay for
additional copies at the hourly rates specified in the fee schedules.
b. Reports, plans and other work prepared by MFRA shall remain the property ofMFRA until all fees for
MFRA's services have been paid in full. The Client agrees that all reports and other work furnished to the
Client and its agents not paid in full will be returned upon demand and will not be used for licensing, permits,
design and/or construction.
c. All original documents, reports, plans, specifications, calculations and estimates are and will remain in the
property of MFRA.
Section 3 - Invoices
a. Invoices will be submitted once per month for services performed during the prior month. Payment is due
upon presentation and is past due thirty (30) days after receipt of the invoice, unless specifically arranged for
otherwise in writing. The Client shall provide MFRA with a clear written statemen.t within fifteen (15) days
after the invoice date with any questions in respect to the invoice. Failure to provide MFRA with a clear
written statement within fifteen (15) days shall constitute acceptance of the invoice as'submit!ed. The Client
CONTINUED ON REVERSE SIDE
STANDARD CONTRACT BETWEEN
THE CITY AND CONTRACTOR
THIS AGREEMENT made this 15th day of Julv, 2002, by and between the CITY OF PRIOR LAKE, a
Minnesota municipal corporation (hereinafter the "City') and Barbarossa & Sons, Inc. (hereinafter the
"Contractor').
Purpose: The City Council has determined that the City should construct sanitary sewer. watermain.
storm sewer. streets and appurtenant work in the area of Estate Avenue. Green Oaks Trail. Lori Road
and Pixie Point Circle in accordance with the Plans and Specifications dated June, 2002. After
completing the notification and bidding process, the City Council has awarded bid to Barbarossa & Sons.
Inc. by Resolution 02- , subject to entering into this contract.
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 City Project #02-11 in accordance with
the City's 2002 Improvement Proiect Plans and Specifications.
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 which are all on file in the
office of the City Manager:
The City's Advertisement for Bids dated June 3, 2002.
Plans and Specifications
proposal submitted by Contractor and on file in the office of the City Manager of the
City.
Performance Bond and Payment Bond.
Insurance Certificate(s); and
This document.
3. The Proiect ("Work"). The Contractor shall perform all of the Work required by the Contract
Documents for the sum of one million. five-hundred. forty-seven thousand. fourteen dollars and
70/100 Dollars ($1.547.014.70).
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
substantially completed by November 12. 2002.
a. Startina 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.
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 requirement of the Work.
~fft~Q~a8~~o;reek Ave. S.E., Prior Lake, Minnesota 55~2-1714 / Ph. (952) 447-4230 / Fax (952) 447-4245
AN EQUAL OPPORTUNITY EMPLOYER
_ ..~._'~_A_,",~,_"',"_M".._..,__~_..._.-..~_....,~..'''M+' .. ._.~"______' .M~W.~."........~--"'-'-_----' ,,'.", _.___~_'__"'_~'U_~
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 agreed 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. Timely Performance. It is the City's intent to complete the Project as soon as possible. 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 Payment. 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 Worlc 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 Payment Bonds. The Contractor shall post a Performance and 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 together with the
executed contract document. 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 from
claims arising out of the performance of this Contract by the Contractor. The base limits of this
policy shall be $1,000,000 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 cancelled 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
last revised Jan. 2001.
2
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 form 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 t.he Work herein.
9. Warranty. 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 (1) 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 PERIOD. 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 of 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.
The Contractor shall post bonds to secure the warranties.
10. Riahts 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 nor 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:
Barbarossa & Sons, Inc.
P.O. Box 367
11000 93rd Avenue North
Osseo, MN 55369
Notices to the City shall be in writing and shall be either hand-delivered or mailed to the City by
certified mail at the following address:
last revised Jan. 2001.
3
__...,..~"'.._'e__"""'~."__'_'__^""""_ ..
.. - ~~~_.,_.~,,-~,..~,._._,._,-- - >~.<----,..,,_."..._..- ._~....'~ .... -, -_.~_....,...,--_. .._..~.--.,..--..~ .."..............,
Sue McDermott, City Engineer
City of Prior Lake
16200 Eagle Creek Avenue S.E.
Prior Lake, MN 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 and testing 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.
14. City's Riaht to Carry Out the Work. If the Contractor defaults or neglects to carry 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 Contractor are not sufficient to cover
such amount, the Contractor shall pay the difference to the City.
15. Chanae Orders. The Contract Sum may be 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. Any request for Change Order must be certified
as true, correct and accurate by the maker to avoid fraudulent requests.
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 make prompt payment to subcontractors or for materials or labor or persistently disregards laws,
ordinances, rules, regulations or orders of any public authority having jurisdiction, or other wise 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
last revised Jan. 2001. 4
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 may 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. Prompt Payment 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 of less 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 form 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. Independent Contractor. At all times and for all purposes hereunder, the Contractor is an
independent contractor, and not an employee of the City.
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 provision 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 to 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.
last revised Jan. 2001.
5
"-,.,.__.....<-_...--....,--~~._._'".......,~...~~.,._.._-,--_.~...~._"_. ._-_...._,_.""'.~_.... "-"---'~- ..
.',._ .__....~....___..._.H'''_.....__._..._".._..,.~,",__._.. ~.~..._._..,~-~._-_.~.--,~.._--_...._..".._--_._----------..-....,.......--.-....
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:
Jack Haugen, Mayor
By:
Its:
By:
Frank Boyles, City Manager
STATE OF MINNESOTA )
)ss.
COUNTY OF SCOTT )
The foregoing instrument was acknowledged before me this day of , 2002, by
Jack Haugen and Frank Boyles, respectively the Mayor and 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
STATE OF MINNESOTA )
)ss.
COUNTY OF SCOTT )
The foregoing instrument was acknowledged before me this day of
by the
on its behalf, Contractor.
,2000,
of
Notary Public
last revised Jan. 2001.
6