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HomeMy WebLinkAbout9B - 2004 CIPP Project 16200 Eagle Creek Avenue S.E. Prior Lake, MN 55372-1714 CITY COUNCIL AGENDA REPORT DISCUSSION: May 3, 2004 9B LARRY POPPLER, ASSISTANT CITY ENGINEER STEVE ALBRECHT, CITY ENGINEER CONSIDER APPROVAL OF A RESOLUTION ACCEPTING BIDS AND AWARDING THE CONTRACT FOR THE 2004 CURED IN PLACE PIPE (CIPP) SANITARY SEWER REHABILITATION PROJECT (CITY PROJECT #04-06) HISTORY DATE: AGENDA #: PREPARED BY: REVIEWED BY: SUBJECT: City Project #04-11 includes proposed street and utility reconstruction improvements to Rutledge Street, Red Oaks Road, Breezy Point Road, Adrian Circle, Bianca Circle, Stefan Circle, and lakeview Circle (Project #04-11). The City Council held a Public Hearing for these improvements on January 20, 2004. The project was in the approved 2004 Capital Improvements Program and on March 15, 2004 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. One element of this project is the rehabilitation of the sanitary sewer pipe serving this area. This work will be bid separately from the road reconstruction project. The agenda item recommends council actions necessary to proceed with this essential part of the project. CURRENT CIRCUMSTANCES Bids were received and opened on April 15, 2004. Four bidders submitted bids. The bids have been checked and tabulated. The low bid was submitted by Michel's Pipeline Construction from New Berlin, Wisconsin in the amount of $207,247.00. The bid was below the Engineer's Estimate of $226,463.00. The summary is as follows: CONTRACTORS Michel's Pipeline Construction lametti and Sons, Inc. Insituform Technologies USA, Inc. BID AMOUNT $207,247.00 $208,725.00 $212,694.00 G:\Agenda\Agenda04\A WARD CIPP.DOC www.cityofnriorlake.com Phone 952.447.4230 / Fax 952.447.4245 Michel's Pipeline Construction is a responsible contractor. The staff recommends that the City Council award the contract to Michel's Pipeline Construction as the lowest responsible bidder. The 2004 Cured In Place Pipe Project is part of the Downtown Street Project #04-01 and the 2004 Reconstruction Project #04- 11. The project is to be paid for from the Enterprise Fund. The cost of the project will be divided between the projects as shown in the following table. Proiect TOTAL 2004 Reconstruction Project $199,858.50 #04-11 Downtown Street Project $7388.50 #04-06 Total Construction Cost $207,247.00 CONCLUSIONS Staff recommends that the Council award the contract for the 2004 CIPP Sanitary Sewer Rehabilitation Project to Michel's Pipeline Construction. ALTERNATIVES: There are three alternatives for the City Council to consider: 1. Approve a resolution accepting bids and awarding the contract for Project 04-06 2004 CIPP Sanitary Sewer Rehabilitation Project to the lowest responsible bidder, Michel's Pipeline Construction for the bid amount of $207,247.00 and authorizing the Mayor and City Manager to execute the City's standardized contract for the construction project. 2. Deny this item for a specific reason and provide staff with direction. 3. Table this item until some date in the future. RECOMMENDED MOTION: A motion and second to adopt a resolution accepting bids and awarding the contracts for 2004 CIPP Sanitary Sewer Rehabilitation Project 04-06 to Michel's Pipeline Construction. G:\Agenda\Agenda04\A WARD CIPP.DOC 16200 Eagle Creek Avenue ~~~OLUTION 04-xx Prior Lake, MN 55372-1714 MOTION BY: SECOND BY: WHEREAS, pursuant to an advertisement for bids for the 2004 CIPP Sanitary Sewer Rehabilitation Project including rehabilitation of sanitary sewer for Rutledge Street, Red Oaks Road, Breezy Point Road, Adrian Circle and Dakota Street (City Project #04-06). WHEREAS, four bids were received, opened, and tabulated according to law; and WHEREAS, the following bids were received complying with the advertisement: CONTRACTORS Michel's Pipeline Construction Lametti and Sons, Inc. Insituform Technologies USA, Inc. Visu Sewer Clean and Seal, Inc. BID $207,247.00 $208,725.00 $212,694.00 $287,388.00 WHEREAS, Michels Pipeline Construction from New Berlin, Wisconsin 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. 2. The Mayor and City Manager are hereby authorized to enter into the City's standard contract with Michels Pipeline Construction from New Berlin, Wisconsin in the name of the City of Prior lake for the 2004 CIPP Sanitary Sewer Rehabilitation Project (Project #04-06) in the amount of $207,247.00. 3. T'he City Manager is hereby authorized and directed to return to all bidders the deposits made with their respective bids. 4. The staff report, incorporated herein as Exhibit 1, sets forth the funding sources. Passed and adopted this 3rd day of May 2004. YES NO Hau~en Hau~en Blomberg Blomberg LeMair LeMair Petersen Petersen Zieska Zieska Frank Boyles, City Manager (j.\Rf"~nll1tinn\Rf"~nl04\A WARn CTPP 04 nor www.cityofpriorlake.com Phone 952.447.4230 / Fax 952.447.4245 16200 Eagle Creek Avenue S.E. Prior Lake, MN 55372-1714 STANDARD CONTRACT BETWEEN THE CITY AND CONTRACTOR FOR 2004 CIPP SANITARY SEWER REHABIUTA TION PROJECT, CITY PROJECT #04-06 THIS AGREEMENT made this 3rd day of Mav. 2004, by and between the CITY OF PRIOR LAKE, a Minnesota municipal corporation (hereinafter the "City") and Michel's Pioeline Construction (hereinafter the "Contractor". Puroose: The City Council has determined that the City should rehabilitate sanitary sewer and aoourtenant work in area of Rutledae Street. Red Oaks Road. Breezv Point Road. and Dakota Street (Proiect #04-06) in accordance with the Plans and Specifications dated March. 2004. After completing the notification and bidding process, the City Council has awarded bid to Michel's Pioeline Construction by Resolution , 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 #04-06 in accordance with the City's 2004 CIPP Sanitary Sewer Rehabilitation. Proiect #04-06 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 March 15. 2004. 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. 1. The Proiect ('Work''). The Contractor shall perform all of the Work required by the Contract Documents for the sum of two-hundred seven thousand, two-hundred, forty-seven 00/100 Dollars ($207.247.00), www.cityofpriorlake.com 1 G:\PROJECTS\2004\11_BreezyPoint\Correspoijlaie~NttiW' Mtt-!At~~4245 2. Time of Commencement and Substantial ComDletion. The Work to be performed under this Contract shall be commenced immediately after execution of this Agreement. The Work shall be substantially completed by October 31. 2004. 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. 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. a. Timelv 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. 1. 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. 2. Final Pavment. Final payment, constituting the entire unpaid balance of the Contract Sum, shall be paid by the City to the Contractor when the Work has been completed, the Contract fully performed, and the City accepts the Work. The acceptance of final payment shall constitute a waiver of all claims by the Contractor except those previously made in writing and identified by the Contractor as unsettled at the time of Application for Final Payment. 3. Performance and Pavment Bonds. The Contractor shall post a Performance and Payment Bond each in an amount equal to one hundred percent (1000t'o) 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. 4. Insurance and Indemnification. a. The Contractor shall purchase and maintain insurance to protect itself from claims under the Worker's Compensation Act. 2 G:\PROJECTS\2004\11_BreezyPoint\Correspondence\ST ANDARD CONTRACT MICHELS PIPElINE.doc 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. 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. 1. Warrantv. The Contractor expressly warrants and guarantees to the City that all Work performed and all materials furnished shall be in accord with the Contract Documents and shall be free from defects in materials, workmanship, and operation which appear within a period of 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. 3 G:\PROJECTS\2004\ 11_BreezyPoint\Correspondence\ST ANDARD CONTRACT MICHELS PIPELlNE.doc 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. 2. 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. 3. 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: Michel's Pipeline Construction 16500 West Rogers Drive New Berlin, WI 53151 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: larry Poppler, Assistant City Engineer City of Prior lake 16200 Eagle Creek Avenue S.E. Prior lake, MN 55372 4. Condition and InSDection. 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. 5. 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. 4 G:\PROJECTS\2004\ 11_BreezyPoint\Correspondence\ST ANDARD CONTRACT MICHELS PIPELlNE.doc 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. 6. Citv's Right to Carrv 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. 7. Change 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. 8. 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. 9. 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 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. 10. PromDt Pavment to Subcontractors. The Contractor shall pay any subcontractor within ten (10) days of the Contractor's receipt of payment by the City for undisputed services provided by the subcontractor. If the Contractor fails within that time to pay the subcontractor any undisputed amount for which the Contractor has received payment by the City, the Contractor shall pay interest to the subcontractor on the unpaid amount at the rate of one and one-half percent (1.5%) per month or any part of a month. The minimum monthly interest penalty 5 G:\PROJECTS\2004\11_BreezyPoint\Correspondence\STANDARD CONTRACT MICHELS PIPELlNE.doc 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, induding 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. 11. IndeDendent Contractor. At all times and for all purposes hereunder, the Contractor is an independent contractor, and not an employee of the City. 12. Affirmative Action PoIicv. 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. 13. 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. 6 G:\PROJECTS\2004\ 11_BreezyPoint\Correspondence\ST ANDARD CONTRACT MICHELS PIPELlNE.doc 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 STATEOFMINNESOTA ) )ss. COUNTY OF SCOTT ) The foregoing instrument was acknowledged before me this day of , 2004, 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 2004, by , the on its behalf, Contractor. , of Notary Public 7 G:\PROJECTS\2004\ 11_BreezyPoint\Correspondence\ST ANDARD CONTRACT MICHELS PIPELlNE.doc