HomeMy WebLinkAbout9A - 2004 Street Recon Project
16200 Eagle Creek Avenue S.E.
Prior Lake, MN 55372-1714
DATE:
AGENDA #:
PREPARED BY:
REVIEWED BY:
SUBJECT:
DISCUSSION:
CITY COUNCil AGENDA REPORT
May 3, 2004
9A
LARRY POPPlER, ASSISTANT CITY ENGINEER
STEVE ALBRECHT, CITY ENGINEER
CONSIDER APPROVAL OF TWO RESOLUTIONS 1) ACCEPTING
BIDS AND AWARDING THE CONTRACT FOR STREET AND UTILITY
CONSTRUCTION FOR THE 2004 IMPROVEMENT PROJECT #04-11
AND 2) AUTHORIZING WSB AND ASSOCIATES TO PROVIDE
CONSTRUCTION SURVEYING FOR PROJECT #04-11.
HISTORY
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. At that time, the Council directed that the plans be constructed in
such a fashion that the sidewalk construction from Lakeview Circle to the
Park entrance at Red Oaks could be eliminated if deemed appropriate.
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 the City's standard professional services
contract with WSB and Associates to complete construction surveying for
the project.
CURRENT CIRCUMSTANCES
(1) Construction
Bids were received and opened on April 22, 2004. Four bidders
submitted bids. The bids have been checked and tabulated. The low bid
was submitted by Northwest Asphalt from Shakopee, MN in the amount of
$2,048,391.33 The bid was below the Engineer's Estimate of $2,305,065
by $256,674. The summary is as follows:
CONTRACTORS
Northwest Asphalt
S.R. Weidema, Inc.
McNamara Contracting, Inc.
Valley Paving, Inc.
BID AMOUNT
$2,048,391.33
$2,194,377.31
$2,232,032.85
$2,351,525.16
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Phone 952.447.4230 / Fax 952.447.4245
Northwest Asphalt is a responsible contractor and completed the City's
1999 and 2000 Reconstruction projects (Candy Cove and Oakridge). The
staff recommends that the City Council award the contract to Northwest
Asphalt Inc. as the lowest responsible bidder.
The project is to be paid for from a number of funding sources including
assessments, tax levy, Enterprise Fund, 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 part of the trunk storm sewer, the Water Quality fund is to pay for
part of the trunk storm sewer. The Sewer and Water Enterprise funds are
to pay for all watermain and sanitary sewer main replacement. The tables
below show the funding sources for the project:
. CITY PROJECT #04-11
RECONSTRUCTION
Total Bid Amount $2,048,391.33
Items Paid from Enterprise Fund:
Water Main Improvements $214,532.25
Sanitary Sewer Improvements $170,382.00
Items Paid from the Trunk Reserve Fund $2,930.00
Items Paid from the Water Quality Fund $57,478.00
Net Construction Cost Basis for Assess. Detennination $1,603,069.08
Plus 26% Admin., Finance, Eng., $416,797.92
Total Project Cost for Assessment Determination $2,019,867.00
Assessment Amount (40%) $807,969.00
Total Levy Amount $1,211,898.00
Proposed Unit Rate ($/111 Units) * $7,279.00
Feasibility Report Estimated Assessment $8,278.00
*5 City parcels were added to the number of units for the park property
adjacent the reconstruction.
FUNDING SOURCES
FUNDING TOTAL
Tax Levy* $1,211,898.00
Assessments* $807,969.00
Water Quality Fund $57,478.00
Enterprise Fund** $584,773.00
Trunk Reserve $2,930.00
Total Construction Cost* $2,665,048.00
* Includes 26% for Admin, Finance, and Engineering
** Includes $199,859 for cured in place pipe contract
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The Special Assessment Committee 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 $7,279.00 per unit. This is a 14%
decrease from the assessment estimate of $8,278.00 per unit reviewed by
the Council at its January 20, 2004 meeting. The decrease in the
assessment rate was due to decreases in the quantities from the
feasibility report to the final quantity estimate and the result of an excellent
bid.
(2) Surveyina I Professional Services
Although City staff will be providing construction observation, it will be
necessary to hire an engineering 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 a
proposal for construction surveying from WSB and Associates. WSB has
performed the construction surveying for past projects and is currently
performing construction surveying for the Ring Road project.
Based on the not-to-exceed amount, staff recommends that WSB provide
construction surveying services. The amount of $38,500.00 equates to
approximately 1.90/0 of the construction cost which is very reasonable for
a project of this size and consistent with the price paid in previous years.
ISSUES
There are a number of issues the Council should consider:
1) Project Cost - The bid price is $256,674 less than the engineer's
estimate. This is a 110/0 decrease.
2) Estimated Assessment Amount - Based upon the present
estimates, the projected assessments are expected to decrease
approximately $1,000 per property from $8,278 to $7,279.
3) Sidewalk on Rutledge from Lakeview Circle to the park entrance at
Red Oaks - The City Manager recommends that the sidewalk be
constructed with the project for the following reasons:
a. From a safety perspective this sidewalk will help get
pedestrians and bikers off Rutledge. This is especially
important adjacent to the City's largest park.
b. The costs for the sidewalk work are very reasonable under this
bid. The cost for this section of sidewalk is $800 less than the
engineer's estimate.
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c. City crews do not need additional projects in the future as our
Capital Improvement Program over the next five years is very
aggressive.
d. There is a difference in opinion between sidewalk and trail
users in the vicinity and in the community about the
appropriateness of completing this sidewalk segment.
CONCLUSIONS
Staff recommends that the Council award the following contracts:
(1) 2004 Improvement Project to Northwest Asphalt, Inc. (Including the
sidewalk in question>
(2) 2004 Project Construction Surveying to WSB and Associates.
ALTERNATIVES: There are three alternatives for the City Council to consider:
1. Approve two resolutions (1) accepting bids and awarding the contract
for Project 04-11 2004 Improvements to the lowest responsible bidder,
Northwest Asphalt Inc. for the bid amount of $2,048,391.33 and
authorizing the Mayor and City Manager to execute the City's
standardized contract for the construction project and (2) authorizing the
Mayor and City Manager to execute the City's Standard contract for
professional services with WSB and Associates in the amount not to
exceed $38,500.
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 resolutions (1) accepting bids and
awarding the contracts for 2004 Improvement Project 04-11 to Northwest
Asphalt Inc. and (2) executing the City's Standard Contract for
professional services with WSB and Associates, Inc.
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16200 Eagle Creek Avenue ~~~OLUTION 04-xx
Prior Lake, MN 55372-1714
ACCEPTING BIDS AND AWARDING CONTRACT
FOR 2004 IMPROVEMENT PROJECT #04-11
MOTION BY:
SECOND BY:
WHEREAS, pursuant to an advertisement for bids for the 2004 Improvement Project including
Rutledge Street, Red Oaks Road, Breezy Point Road, Adrian Circle, Bianca Circle,
Stefan Circle, and Lakeview Circle (City Project #04-11) which includes sanitary sewer,
water main, storm sewer, aggregate base, concrete curb and gutter, bituminous
pavement, turf restoration and appurtenant work; and
WHEREAS, four bids were received, opened, and tabulated according to law; and
WHEREAS, the following bids were received complying with the advertisement:
CONTRACTORS
Northwest Asphalt, Inc.
S.R. Weidema, Inc.
McNamara Contracting, Inc.
Valley Paving, Inc.
BID
$2,048,391.33
$2,194,377.31
$2,232,032.85
$2,351,525.16
WHEREAS, Northwest Asphalt, Inc. of Shakopee, 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.
2. The Mayor and City Manager are hereby authorized to enter into the City's standard contract
with Northwest Asphalt, Inc. of Shakopee, Minnesota in the name of the City of Prior Lake for
the 2004 Improvement Project (Project #04-11) in the amount of $2,048,391.33.
3. The 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
Haugen Haugen
BlomberJt BlomberJt
LeMair LeMair
Petersen Petersen
Zieska Zieska
Frank Boyles, City Manager
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www.cityofpriorlake.com
Phone 952.447.4230 / Fax 952.447.4245
RESOLUTION AUTHORIZING WSB AND ASSOCIATES, INC. TO PROVIDE
CONSTRUCTION STAKING SERVICES FOR
2004 STREET IMPROVEMENT PROJECT (CITY PROJECT 04-11)
MOTION BY:
SECOND BY:
WHEREAS, the Council conducted a Public Hearing and approved Resolution 04-11,
ordering the 2004 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,
1. The recitals set forth above are incorporated herein.
2. WSB and Associates, Inc. is hereby authorized to provide Construction Staking
Services for the 2004 improvement projects (Project #04-11) for a fee not to exceed
the amount of $38,500.00.
3. Funding for these engineering services will be drawn from the Construction Fund
4. The Mayor and City Manager are authorized to execute the City's standard contract
for professional services on behalf of the City.
Passed and adopted this 3rd day of May, 2004.
YES NO
Haugen Haugen
Blomberg Blombera
LeMair LeMair
Petersen Petersen
Zieska Zieska
{Seal}
Frank Boyles
City Manager
www.cityofpriorlake.com
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16200 Eagle Creek Avenue S.E.
Prior Lake, MN 55372-1714
STANDARD CONTRACT BETWEEN
THE CITY AND CONTRACTOR
FOR 2004 IMPROVEMENTS, CITY PROJECT #04-11
THIS AGREEMENT made this 3rd day of Mav. 2004, by and between the CITY OF PRIOR LAKE, a
Minnesota municipal corporation (hereinafter the IICityj and Northwest Asohalt. Inc. (hereinafter
the IIContractor').
Purpose: The City Council has determined that the City should construct sanitary sewer.
watermain. storm sewer. streets. and aoourtenant work in area of Rutledae Street. Red Oaks
Road. Breezv Point Road. Adrian Circle. Bianca Circle. Stefan Circle. and Lakeview Circle (Proiect
#04-11) in accordance with the Plans and Specifications dated March. 2004. After completing the
notification and bidding process, the City Council has awarded bid to Northwest Asohalt. Inc. 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 #04-11 in
accordance with the City's 2004 Imorovements. Proiect #04-11 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 million. fortv-eiaht thousand. three-hundred. ninety-one and
33/100 Dollars ($2.048.391.33).
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.
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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.
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
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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 fumished 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
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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. Rights 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:
Northwest Asphalt, Inc.
1451 Stagecoach Road
Shakopee, MN 55379
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.
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
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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. Cifv's Riaht 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. 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.
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
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
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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 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.
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.
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IN WITNESS WHEREOF, the parties have entered into this Agreement as of the date and year
hereinabove first written.
CITY OF PRIOR LAKE
CONTRACTOR
By:
By:
Jack Haugen, Mayor
Its:
By:
Frank Boyles, City Manager
STATE OF MINNESOTA )
)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
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16200 Eagle Creek Avenue S.E.
Prior Lake, MN 55372-1714
STANDARD AGREEMENT FOR PROFESSIONAL SERVICES
THIS AGREEMENT is made on the 3rd day of Mav, 2004, 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 WSB & Associates. Inc.. a Minnesota corporation (hereinafter "Consultant") whose
business address is 4150 Olson Memorial Hiahwav. Suite 300. Minneaoolis. MN 55422.
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
2004 Improvement Project, City Project #04-11, Adrian Circle, Bianca Circle, Breezy Point Road,
lakeview Circle, Red Oaks Road, Rutledge Street and Stefan Circle hereinafter referred to as the
"W ork".
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 $38.500.00 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:
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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
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 of the report for the Project.
D. Owner's Reoresentative. 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. Proaress 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 Susoended 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 Steve V. Ische. Reoistered Land
Surveyor 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.
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Consultant may not remove or replace Steve V. Ische from the Project without the approval of the
City.
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 of the 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 Mav 3. 2004 through, Julv 1. 2005 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 of less 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.
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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.
14. Non-Discrimination. 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. The Consultant and City, together with their respective agents and employees, agree
to abide by the provisions of the Minnesota Data Practices Act, Minnesota Statutes Section 13, as
amended, and Minnesota Rules promulgated pursuant to Chapter 13. Any violation of statutes,
ordinances, rules and regulations pertaining to the services to be provided 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 a negligent 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.
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22. Insurance.
A. General Liabilitv. 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
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 Comoensation. The Consultant shall secure and maintain such insurance as will
protect Consultant from claims under the Worker'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 of the Consultant.
All plans, diagrams, analyses, reports and information generated in connection with the
performance of the Agreement ("Information") shall become the property of the City. The City may
use the Information for its purposes and the Contractor also may use the Information for its
purposes. Reuse of the Information for the purposes of the project contemplated by this
Agreement ("Project") does not relieve any liability on the part of the Contractor, but any reuse of
the Information by the City or the Contractor beyond the scope of the Project is without liability to
the other, and the party reusing the Information agrees to defend and indemnify the other from
any claims or liability resulting therefrom.
"
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25. Governing Law. This Agreement shall be controlled by the laws of the State of Minnesota.
Executed as of the day and year first written above.
Reviewed for form:
CITY OF PRIOR LAKE
City Engineer
City Manager
WSB & ASSOCIATES, INC.
By:
Its:
By:
Its:
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