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HomeMy WebLinkAbout7A Prior South Street Imp /" AGENDA NUMBER: PREPARED BY: SUBJECT: DATE: INTRODUCTION: BACKGROUND: DISCUSSION: 7A BRUCE LONEY. ASSISTANT CITY ENGINEER CONSIDER APPROVAL OF RESOLUTION 94-30. AWARDING BID FOR PROJECT 94-01 (PRIOR SOUTH STREET IMPROVEMENTS) AND AUTHORIZE MSA CONSULTING ENGINEERS TO PERFORM CONSTRUCTION ENGINEERING SERVICES JUNE 6.1994 The purpose of this Agenda item is to accept or reject the bids received and to enter into a contract for the construction of Project 94-01. Resolution 94-30 has been prepared for Council action on the award of bid. Also this Agenda item is for Council to consider authorizing MSA Consulting Engineers to perform the construction engineering services on this project. On May 2. 1994, the City Council approved the Advertisement for Bids for the improvement of the following streets: 1. Brunswick Avenue from Franklin Trail to Lyons Avenue. 2. Dublin Road from Brunswick Avenue to Lyons Avenue. 3. Erin Circle from Dublin Road to end terminus. 4. Lyons Avenue from Franklin Trail to Brunswick Avenue. A bid opening on June 2, 1994. at 10: 15 A.M. will be held in the Council Chambers. It is Staffs intention to tabulate the bids and make a recommendation of award at the June 6. 1994 meeting. The bids received will be checked and reference checks made on the low bidders prior to the meeting. Based on the reference check and the bid submitted, a Contractor will be recommended for award of a contract. Staff will present a completed Resolution 94-30 for Council review at the meeting and will enclose the bid results in the Council's weekly update packet. The base bid is for the reconstruction of streets including the repair of storm sewers and correcting drainage problems within the Prior South area. An alternate bid has been included for the dredging of Blind Lake by a storm sewer outlet. This work was scheduled in the Storm Water Quality Budget for this year. Depending on the bids received. the Council can award the contract on the base bid amount or the base and alternate bid amount. 4629 Dakota 51. 5.E., Prior Lake, Minnesota 55372-1714 / Ph. (612) 447-4230 / Fax (612) 447-4245 AN EQUAL OPPORTUNITY EMPLOYER 2. The City Manager is hereby authorized and directed to return forthwith to all bidders the deposits made with their bids, except that the deposits of the successful bidder and the next two lowest bidders shall be retained until a contract has been signed. Passed and adopted this _th day of _, 1994. YES NO Andren Greenfield Kedrowski Schenck Scott Andren Greenfield Kedrowski Schenck Scott Frank Boyles City Manager City of Prior Lake { Seal } . RS9432" RESOLUTION 94-32 RESOLUTION ACCEPTING FEASIBILITY STUDY AND CALLING FOR A PUBLIC HEARING ON IMPROVEMENT OF 1994 PROJECTS MOTION BY: SECONDED BY: WHEREAS, pursuant to Resolution 93-76 of the City Council. adopted on September 20. 1993, and as amended a[ [he January 3. and January IX. 1994 City Council Meetings, a report has been prepared by the City's Engineering Department and the City's Engineering Consultant (MSA Consulting Engineers, Inc.) with reference to [he following improvements and [he:: generally described project areas: 1. Street overlay/reconstruction project on Brunswick Avenue, Erin Circle, Dublin Road, and Lyons Avenue by the construction of grading, storm sewer. aggregate base. concrete curb and gutter, bituminous surfacing, and appurtenant work; 2. Northwood Road from CSAH l2 to Island View Road by the construction of grading, storm sewer. aggregate base. concrete curb and gutter, bituminous surfacing, walk. and ~ppurtenant work: 3. CalTiage Hills Parkway from Pike Lake Trail to 1/4 mile east by [he construction of grading, sanitary sewer, wa[ermain, storm sewer, aggregate base, concrete curb and gutter, bituminous surfacing, sidewalk, landscaping and appurtenant work: 4. Paving of Sand Poin[e Community Park roads and parking lot by the construction of grading, storm sewer. aggregate base, concrete curb and gutter, bituminous sud'acing, and appurtenant work; 5. CSAH 1 ~ from the City limi[s to CSAH 42 by the construction of storm sewer, utility crossings, concrete curb and gutter, sidewalk. landscaping, and appuItenant work: 6. The bituminous seal coating of bituminous paved streets throughout the City; 4629 Dakota 51. 5.E., Prior Lake, Minnesota 55372-1714 / Ph. (612) 447-4230 / Fax (612) 447-4245 AN EQUAL OPPORTUNITY EMPLOYER T . NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF PRIOR LAKE, MINNESOTA, that 1. The Council will consider the improvement of such streets and areas in accordance with the report and the assessment of property as described in the report for all or a portion of the cost of the improvement pursuant to Minnesota Statutes Chapter 429 at an estimated total cost of the improvements of $2,029,350.00. 2. A Public Hearing shall be held on the following such proposed improvements on the following date in the Council Chambers of the City Hall at the following time: A. AREAS 1, 3, 4, 5 - Prior South Street Improvement, - 7:45 P.M., July 5, 1994 Passed and adopted this.i.. th day of June, 1994. YES NO Andren Greenfield Kedrowski Schenck Scott Andren Greenfield Kedrowski Schenck Scott Frank Boyles City Manager City of Prior Lake { Seal } " . ". W ... . '4' .." ~~..................~-_."',...~." t . INTEROFFICE MEMORANDUM TO: FROM: SUBJECT: DATE: , MAYOR, COUNCILMEMBERS AND CITY MANAGER t)v' BRUCE LONEY, ASSISTANT CITY ENGINEER PROJECT 94-01, PRIOR SOUTH IMPROVEMENTS BID OPENING JUNE 3,1994 The City opened bids for Project 94-01 and received four bids. Attached to this memorandum is Resolution 94-30 which shows the bid results. The base bid included all work including the dredging of Blind Lake. The dredging of Blind Lake was included as an alternate bid item and the bid on this item is shown as well. The low responsible bidder was Valley Paving, Inc. at $435,577.16 which includes the alternate bid item for dredging Blind Lake. The project cost used in calculating the assessments was $565,000.00 of which $550,000.00 was for the Prior South street improvements and $15,000.00 for the dredging of Blind Lake. The Engineer's Estimate for construction was $434,615.38, and 30% indirect costs were calculated in the amount of$130,384.62. The low bid of $435,577.16 as compared to the Engineer's Estimate of $434,615.38 is essentially the same. Engineering would recommend that the bid of Valley Paving, Inc. be accepted and award a contract for Prior South improvements. The assessments for Prior South were based upon the Engineer's Estimate with the assessment rate calculated to be $63.47 per assessable front foot. Notices have been sent and a hearing scheduled for June 6, 1994. With the bid amount essentially the same as the Engineer's Estimate, the assessment rate should remain the same. Also attached is a letter from Valley Paving, Inc. which acknowledges Addendums #1 and #2, and is in agreement with the Addendums. The Addendums actually reduced quantities in the proposal, thus Valley Paving's bid went from $443,321.91 to $435,597.16. The non-acknowledgement of the Addendums by Valley Paving, Inc., per Glenn Kessel, does not disqualify their bid and the City has the right to accept this bid. BMEM50.ENG 4629 Dakota 51. 5.E., Prior Lake, Minnesota 55372-1714 / Ph. (612) 447-4230 / Fax (612) 447-4245 AN EQUAL OPPORTUNITY EMPLOYER ',. Y' RESOLUTION 94-30 RESOLUTION ACCEPTING BID FOR PROJECT NO. 94-01, (PRIOR SOUTH STREET IMPROVEMENTS) MOTION BY: WHEREAS, SECONDED BY: pursuant to an advertisement for bids for the street overlay/reconstruction improvement project on Brunswick Avenue, Erin Circle. Dublin Road, and Lyons Avenue by the construction of grading. storm sewer, aggregate base, concrete curb and gutter. bituminous surfacing, and appurtenant work; bids were received, opened. and tabulated according to the law. and the following bids were received complying with the advertisement: BASE BID CONTRACTORS INCLUDING ALTERNATE AL TERNA TE BID BID 1. Valley Paving. Inc. $435.577.16 $9.300.00 2. Ryan Contractin2. Inc. $524.034.00 $9.400.00 3. GMH Asphalt. Inc. $531.573.80 $9.100.00 4. Hardrives. Inc. $569.676.20 $13.140.00 AND WHEREAS, responsible bidder. it appears that Valley Pavin2. Inc. of Shakopee. Minnesota is the lowest NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF PRIOR LAKE, MINNESOTA, that 1. The Mayor and City Manager are hereby authorized [0 enter into the attached contract with Valley Paving. Inc. of Shakopee. Minnesota in the name of the City of Prior Lake for the street overlay/reconstruction improvement project on Brunswick Avenue. Erin Circle. Dublin Road, and Lyons Avenue by the construction of grading, storm sewer. aggregate base. concrete curb and gutter. bituminous surfacing, and appurtenant work; according to the plans and specifications therefore approved by the City Council and on file in the office of the City Manager. 4629 Dakota 51. 5.E., Prior Lake, Minnesota 55372-1714 / Ph. (612) 447-4230 / Fax (612) 447-4245 AN EQUAL OPPORTUNITY EMPLOYER T I 2. The City Manager is hereby authorized and directed to return forthwith to all bidders the deposits made with their bids, except that the deposits of the successful bidder and the next two lowest bidders shall be retained until a contract has been signed. Passed and adopted this _th day of _, 1994. YES NO Andren Greenfield Kedrowski Schenck Scott Andren Greenfield Kedrowski Schenck Scott Frank Boyles City Manager City of Prior Lake { Seal } T I m.tUIZ.O'1A 8 ICJ2.O'1A-20 I I I I I - I I a - a I I I I I I I I DOCUMENT 00500 AGR'RRMRNT TInS AGREEMENT, made as of the day of , 19 Q4 ,by and between (name of contractor, Le., name of corporation, partnership, all contracting individuals and their business name), a (name of state where incorporated or fonned and whether a corporation, Minnesota general partnership, etc.), hereinafter called "CONTRACTOR", and the City of Prior Lake, a Minnesota municipal corporation (hereinafter called the "OWNER" and sometimes referred to as the · City. . RECITALS WHEREAS, CONTRACTOR has been selected by the OWNER in accordance with Minnesota law to provide materials, equipment and labor necessary for construction and completion of certain improvements as set forth herein, and WHEREAS, CONTRACTOR has agreed to perfonn its obligations, covenants and undertaking as contained herein in consideration for payment as contained herein. NO~WORE' in consideration of the mutual promises, covenants and conditions as hereinafter set fo the parties agree as follows: ~. 1. The CONfRAcroR agrees to provide all the materials, equipment, and labor necessary for the complete construction of all the improvements, work and/or obligations of CONTRACI'OR (hereinafter referred to as .Work. as required by the drawings, specifications, exhibits, conditions, covenants and agreements as contained in the documents prepared by MSA r.nn~nlt1nf F.ngjnf"P." for Project Q4-01 , collectively referred to as .Contract Documents., and to do everything required by the Contract Document previously furnished to the CONTRACTOR by the OWNER and receipted for by the CONTRACTOR. 2. The CONfRAcroR agrees that the Work contemplated by the Contract Documents shall be entirely completed with the exception of the bituminous wear course on or before , 19-24 and bituminous wear course placed by 3. The OWNER agrees to pay CONTRACI'OR in current funds for the perfonnance of its obligations pursuant to the Contract Documents the sum of Dollars ($ ), subject to the additions and deductions as provided for in the specifications to the Contract Documents as provided for in said specifications, except as hereinafter stated: T I 4. The CONTRACfOR and the OWNER agree that the Contract Documents, including but not limited to the specifications, drawings, standard general conditions, instructions to bidder, supplementary conditions, special provisions, standard utility specifications, if any, and CONTRACTOR bids, and such other provisions as contained in the Contract Documents, are incorporated herein by reference and are a part of this Agreement as if attached or repeated herein. With respect to the drawings and specifications which are part of the Contract Documents, the CONTRACTOR and OWNER agree that the following shall constitute a complete list of said drawings and specifications. Specifications: Prinr ~nnth - ~trPP.t anti ~tnnn ~~w~r Rpr.nm:tmr.nnn natPLf April J 1994 Drawings: Prinr ~nnth - ~trP.P.t and ~tnnn ~~w~r Rpr.nm:tmr.tinn natPLf. April, 1994 5. Prior to execution of this Agreement, the CONTRACTOR shall furnish to the OWNER for review by the City Engineer and/or City Attorney all bid bonds, performance bonds, letters of credit, insurance certificates, evidence of insurance in final form, as required by the Contract Documents. In addition, prior to execution of this Agreement, the CONTRACTOR, if a partnership or corporation, shall furnish to the City Engineer and/or City Attorney such resolutions, opinions of counsel, or evidence of authority required to ensure that the CONTRACI'OR, upon its execution of this Agreement, shall be fully bound by its terms. 6. CONTRAM'OR Rppl'PCPntJltinn~, CONTRACTOR represents and warrants that neither the execution and delivery of this Agreement, consummation of the transactions contemplated hereby, nor the fulfillment of or a compliance with the terms and conditions of this Agreement is prevented or limited by, or in conflict with or will result in breach of, the terms, conditions, or provisions of any restriction of CONTRACI'OR, or evidence of indebtedness, agreement or instrument of whatever nature to which CONTRACTOR is now party or by which it is bound or will constitute a default under any of the foregoing. CONTRACI'OR further represents and warrants that CONTRACI'OR will cooperate with the OWNER with respect to any litigation commenCed with respect to the Work contemplated herein.CONTRACTOR represents and warrants that the Work will conform to all laws, regulations, and ordinances of all local, state, and federal government authorities. 7. Nnn-ni~riminJltinn, The provisions of Minnesota Statutes, Section 181.59, and of Chapter 11, Title 1, of Prior lake City Code, which relate to civil rights and discrimination and affmnative action shall be considered a part of this Agreement as though wholly set forth herein, and CONTRACfOR agrees to comply therewith. In addition, CONTRACI'OR specifically agrees: a. That with respect to any and all businesses conducted or acts performed pursuant to this Agreement, CONTRACI'OR shall be deemed an employer within the meaning of Chapter 11 and shall be subject to the provisions of Chapter 11. .....02.024 9 102..Q'l4..20 T . fralltUrl.02A 10 102-024-20 . II II ~ - II rt I a [J I . iI - - I I I I b. This in the event CONTRACTOR fails to perfonn the aforesaid contractual provisions of Chapter 11, this Agreement may forthwith be terminated and cancelled in whole or in part by OWNER and CONTRACTOR shall be liable for any costs or expense incurred by OWNER in obtaining from other sources the Work and services to be rendered or perfonned or the goods or properties to be furnished or delivered to OWNER under this Agreement so terminated or cancelled. C. That should OWNER in a proceeding brought as provided in Chapter 11 find that CONfRACI'OR has engaged in discrimination in connection with this Agreement and issue a cease and desist order with respect thereto, OWNER shall uphold up to 15 % of said contract price, if applicable, until such time as OWNER I S order has been complied with or said other contracting party has been adjudicated not guilty of such discrimination. d. That CONTRACfOR will pennit access to any and all records pertaining to hiring and employment and to other pertinent data and records for the purpose of enabling OWNER, its agencies or representatives, to ascertain compliance with the provisions of Chapter 11 applicable to CONTRACTOR. e. That Chapter 11 shall be binding on all contractors, subcontractors, or suppliers. 8. A~gJ1mpnt, CONTRACI'OR represents and agrees for itself, its successors and assigns that CONTRAcroR has not made or created and that it will not make or create or suffer to be made or created any total or partial sale, assignment, conveyance, or any trust or power to transfer in any other mode or form of or with respect to this Agreement or any part thereof or interest therein or in CONTRACTOR without the prior written approval of OWNER. 9. (' ypnpral , a. The terms and provisions hereof shall be binding upon and insure to the benefit of the heirs, representatives, successors, and assigns of the parties hereto. b. Whenever in this Agreement it shall be required or permitted that notice or demand be given or served by either party to this Agreement to or on the other party, such notice shall be delivered personally or mailed by United States mail to the addresses hereinafter set forth by certified mail (return receipt requested). Such. notice or demand shall be deemed timely given when delivered personally or when' deposited in the mail in accordance with the above. The address of the parties hereto are as follows, until changed by notice give as above: If to the OWNER.: City Engineer 4629 Dakota Street S.B. Prior Lake, MN 55372 T T I I I i - - 11 I I G I I I I I I I I 1 f'roatl02.02A With a copy to: Glenn R. Kessel, Esq. LOMMEN, NELSON, COLE & STAGEBERG, P.A. 180 IDS Center 80 South Eighth Street ~neapolis, ~ 55402 If to CONTRACTOR: With a copy to: c. Except as otherwise provided in this Agreement, the rights and remedies of the parties to this Agreement, whether provided by law or by this Agreement shall be cumulative, and the exercise by either party of anyone or more of such remedies shall not preclude the exercise by it, at the same or different times, of any other such remedies for the same default or breach or of any of its remedies for any other default or breach or of any of its remedies for any other default or breach by the other party. No waiver made by either such party with respect to the performance, or manner of time thereof, or any obligation under this Agreement shall be considered a waiver of any rights of the party making the waiver with respect to the particular obligation of the other party or condition to is own obligation beyond those expressly waived in writing and to the extent thereof, or a waiver in any respect in regard to any other rights of the party making the waiver of any other obligation of the other party. Delay by a party hereto in instituting or prosecuting any cause of action or claim hereunder shall not be deemed a waiver of any rights hereunder. d. This Agreement may be amended by the parties hereto only by written instrument executed in accordance with the same procedures and fonnality followed for the execution of this Agreement. e. This Agreement may be simultaneously executed in several counterparts, each of which shall be an original and all of which shall constitute one and the same instrument. 11 102~20 , . ( I I [ a I [ I - ~ - , II II II . . ,. f: . IN WITNEss WHEREOF, OWNER and CONTRAcrOR have caused this Agreement to be duly executed on the day and year first above written. Approved by the City Council on the _ day of BY BY BY BY Approved as to form: fiaad02.Q1A 'f. "'. 11... , ._....."..~"".'"." , 19-94-. CITY OF PRIOR LAKE Its Mayor Its City Manager CONTRACTOR: Its Its 12 102-0J.4..20 , . JU~J-02-1. '3'34 1. J: 30 r=RI~I~'1 Uf2,LLEi PHU I ~JI~ . j NC . TiJ 44'74;:::4':':: r='.02I.J2 SOUTH OF F ICE 8800 13th AVENUE eAST SHAI<OPEE. MN 55379 PHONE (612) 445~615 FAX (612) 445~35S NORTH OFFICE 4105 85th AVENUE NORTH BUILDING B SUITE 103 BROOI<L YN PARI<. MN 56443 PHONE (612) 425.2988 June 2, 1994 Mr. Larry Anderson, City Engineer City of Prior Lake 4629 Dakota Street S.E. Prior Lake, Hn 55372 Re: Project 94-01, Prior South Street Improvement For The City of Prior Lake, Minnesota Dear Mr. Anderson: In regards to the above noted project, Valley Paving Inc., was not in receipt of Addendua No.'s 1 & 2 prior to the Bid opening, June 2, 1994 at 10:lSa.m., at which point Valley Paving Inc., was low bid in the amount of $443,321.91. Valley Paving Inc., since has acknowledged Addendum 1 & 2 and is in agreement to complete this project in accordance with the unit price's stated in the Proposal fo~ Prior South Street Improvement delivered to the City of Prior Lake on June 2, 1994 for 10:15a.m. bid opening. Please consider and award Prior South Improvement. Thank you. Valley Paving Inc., Project 94-01, I will be awaiting your response. Sincerely, --::~ RAC/cjj cc: Maier Stewart & Associates / Tom Roushar ,- A .4SPHA.'\3. ~ RECYCLABLE Affirmative Action I Eaual OpPortunity Employer ~~'~-'-~"~-----"_..--......____o.__,.._._, ,_.,,"^......_,~._---._" " "l ",. 1 .t