HomeMy WebLinkAbout10E - Eagle Creek Villas
CITY COUNCIL AGENDA REPORT
DATE:
AGENDA #:
PREPARED BY:
REVIEWED BY:
AGENDA ITEM:
NOVEMBER 4, 2002
10E
LARRY POPPLER, ASSISTANT CITY ENGINEER
SUE MCDERMOTT, CITY ENGINEER
CONSIDER APPROVAL OF A RESOLUTION ACCEPTING
QUOTES AND AWARDING THE CONTRACT FOR THE EAGLE
CREEK VILLAS DRAINAGE IMPROVEMENT PROJECT, CITY
PROJECT 02-17.
DISCUSSION:
History
The purpose of this agenda item is to award the contract for the
Eagle Creek Villas Drainage Improvement Project. The project
consists of constructing drain tile in the backyard areas of this
subdivision to alleviate ponding water.
Topography, as well as possible subsurface water conditions, has
created a situation in which water is not able to travel along the
proposed drainage routes.
Current Circumstances
The project consists of 770' of 12" perforated drain tile, which will be
connected to the storm sewer on Priorwood Street. The design
also includes tees for sump pump tie-ins and surface inlets.
Proposals were received on October 30, 2002. Three quotes were
submitted. The figures have been checked and tabulated. The low
quote was submitted by Kusske Construction Company Inc. in the
amount of $34,295.00. The engineer's estimate was $24,195.00.
CONTRACTORS BASE BID
Kusske Construction Company, Inc. $34,295.00
Turner Excavatino Company, Inc. $37,027.50
Sunram Construction, Inc. $45,540.00
Kusske Construction Company, Inc. is a responsible bidder who
has a successful history of completing various projects for the City.
It is suspected that the difference in the estimate versus the low bid
was due to the tight time frame in which the project is to be
162(J~ha~_W1Ea~~re~riM.OO~, Minnesota 55372-1714 / Ph. (952) 447-4230 / Fax (952) 447-4245
AN EQUAL OPPORTUNITY EMPLOYER
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FINANCIAL IMPACT:
ALTERNATIVES:
RECOMMENDED
MOTION:
REVIEWED BY:
REVIEWED BY:
completed. The project completion date is November 30, 2002.
The purpose of doing the work this fall is so that the drainage from
the spring thaw can be expelled with the new drainage system.
Conclusion
Staff recommends that the Council award the contract for the Eagle
Creek Villas Drainage Project.
The cost of Project 02-17 will be paid for from the Water Quality
Fund.
The alternatives are as follows:
1. Adopt the attached resolution which awards bid for Project 02-
17 in the amount of $34,295.00 with Kusske Construction
Company, 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 02-XX.
t~tJ
RESOLUTION 02-
ACCEPTING QUOTES AND AWARDING CONTRACT FOR
EAGLE CREEK DRAINAGE PROJECT - CITY PROJECT #02-17
MOTION BY: jp SECOND BY:~
WHEREAS, pursuant to a call for quotes for the Eagle Creek Drainage Project (02-17) which
includes installation of 12" of perforated drain tile, surface inlets, and other
necessary improvement
WHEREAS, The following quotes were received and tabulated:
CONTRACTORS QUOTE
Kusske Construction Company, Inc. $34,295.00
Turner Excavatinq Company, Inc. $37,027.50
Sunram Construction, Inc. $45,540.00
WHEREAS, it appears that, Kusske Construction Company, Inc. of Chaska Minnesota
submitted the lowest responsible quote.
NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF PRIOR LAKE,
MINNESOTA:
1. The recitals set forth above are incorporated herein.
2. The Mayor and City Manager are hereby authorized to enter into a
standardized contract with Kusske Construction Company, Inc. of Chaska,
Minnesota in the name of the City of Prior Lake for the Eagle Creek Drainage
Project (Project 02-17) in the amount not to exceed $34,295.00 with funds to
be drawn from the Water Quality Fund.
Passed and adopted this 4th day of November, 2002.
YES NO
Haugen \ Haugen
Gundlach \ Gundlach
LeMair \ LeMair
Petersen \ Petersen
Zieska , Zieska
{Seal}
Frank Boyles
City Manager
162~i~~~I~J;e~:i~{l1liiI~cMinnesota 55372-1714 / Ph. (952) 447-4230 / Fax (952) 447-4245
AN EQUAL OPPORTUNITY EMPLOYER
I
STANDARD CONTRACT BETWEEN
THE CITY AND CONTRACTOR
THIS AGREEMENT made this 4th day of November. 2002, by and between the CITY OF PRIOR LAKE, a
Minnesota municipal corporation (hereinafter the "City') and Kusske Construction Company. Inc.
(hereinafter the "Contractor).
Purpose: The City Council has determined that the City should construct 770' of 12" perforated drain tile
and associated appurtenances in accordance with the Plans and Specifications dated October 23. 2002.
After completing the notification and bidding process, the City Council has awarded bid to Kusske
Construction Company. Inc. by Resolution 02-xx, 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 Proiect #02-17 in accordance with
the City's Standard 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:
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 Thirty-four thousand two hundred ninety-five and 00/100 Dollars
($34.295.00).
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 30th. 2002.
a. Startinq 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.
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.
~Sl~Q.Q~lilJ6t.reek Ave. S.E., Prior Lake, Minnesota 553:172-1714 / Ph. (952) 447-4230 / Fax (952) 447-4245
AN EQUAL OPPORTUNITY EMPLOYER
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 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 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
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.
last revised Jan. 2001.
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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 the 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 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:
Kusske Construction Company. Inc.
424 N. Chestnut St. #204
Chaska. MN 55318
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.
Larry Pop pier
City of Prior Lake
3
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 Rioht 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
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
last revised Jan. 2001.
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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.
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:
By:
Jack Haugen. Mayor
Its:
By:
Frank Boyles, City Manager
last revised Jan. 2001.
5
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.
,2002,
of
-
Notary Public
last revised Jan. 2001.
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