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HomeMy WebLinkAbout5M Breezy Point Report Phone 952.447.9800 / Fax 952.447.4245 / www.cityofpriorlake.com 4646 Dakota Street SE Prior Lake, MN 55372 CITY COUNCIL AGENDA REPORT MEETING DATE: SEPTEMBER 18, 2017 AGENDA #: 5M PREPARED BY: PETE YOUNG, WATER RESOURCES ENGINEER PRESENTED BY: PETE YOUNG AGENDA ITEM: CONSIDER APPROVAL OF A RESOLUTION ACCEPTING QUOTES AND AUTHORIZING THE EXECUTION OF THE CITY’S STANDARD CONSTRUCTION CONTRACT FOR THE BREEZY POINT DRAINAGE IMPROVEMENTS PROJECT DISCUSSION: Introduction The purpose of this agenda item is to seek City Council authorization to enter into the City’s standard construction contract with Kevin Casey, LLC for the Breezy Point Drainage Improvements Project. History Each year the City Council adopts the Capital Improvement Program (CIP) which involves funding for various improvement projects. The 2017 CIP calls for stormwater infrastructure maintenance to ensure proper function of the City’s stormwater drainage system. The Breezy Point Drainage Improvements project was identified within the 2017 CIP allocation. Current Circumstances City stormwater drainage from roadways in the Breezy Point area was historically directed to a natural basin north of Rutledge St SE. This basin has a natural overflow and no defined stormwater outlet. Over time, the increase in the stormwater runoff volume from impervious surfaces has eroded a channel north of the basin, causing damage to private property, increasing the maintenance requirements for existing downstream city stormwater infrastructure, and threatening to damage the existing stormwater infrastructure. To prevent further damage to this area, certain maintenance improvements are proposed. The proposed project consists of the construction of a stormwater basin to slow stormwater runoff and direct it into the existing downstream stormwater infrastructure (pipe outlet), adding a new intake structure for the basin, and repairing areas damaged by erosion within the project area. Project construction will occur on private property, with the property owners (Gateway Shores Association) granting construction access and an expanded City drainage and utility easement which will allow for future maintenance access. The basin will slowly release water after rain events, filtering out pollutants before discharging the water to Lower Prior Lake. The basin is designed to be dry within 48 hours after a rain event. 2 Plans (see Attachment 1) were prepared and sent to three contractors. The City received two quotes (see Attachments 3 and 4): Company Name Quote Krueger Excavating, Inc. $44,960.00 Kevin Casey, LLC $33,818.50 Conclusion Staff is recommending that the City Council accept the quotes and award the project to Kevin Casey, LLC, and approve the resolution to authorize the execution of the City’s standard construction contract for this project (Attachment 2). If approved, construction will commence in October 2017 with substantial completion by the end of the year. ISSUES: City staff worked with our project engineering design consultant to ensure the project design will not have an increased maintenance burden for Public Works staff. Some of our older stormwater projects relied on shredded mulch and individual plants for final ground cover in filtration basins. Unless these installations are weeded 2-4 times per year and re- mulched every 2-3 years, they can become weedy and harm the public perception of water quality projects even though they remain functional. Public Works staff has received several complaints from residents regarding these types of projects. City staff supports improving water quality, but long-term vegetation maintenance costs must be a primary consideration when designing stormwater infrastructure systems. Maintenance during the establishment phase must also be considered. The current project design addresses the City’s concerns with project establishment and long-term maintenance. Due to increased active erosion at the project site, over the past couple years City Public Works staff has been visiting the area 2-4 times per season to remove debris and clear an existing stormwater inlet which is a much higher level of maintenance than other similar sites (in good condition) receive. The proposed project, once established, will require only rough mowing 1-2 times per season. The basin will utilize a specialized stormwater basin grass mix that is intended for periodic mowing. The City has an obligation to protect and improve the water quality of our water resources. We are under a State mandate to maintain our Municipal Separate Storm Sewer System (MS4). Allocating resources to complete this type of MS4 maintenance project shows a commitment to an important part of our overall stormwater program. FINANCIAL IMPACT: The City’s CIP reserves $60,000 for stormwater infrastructure maintenance. Within this allocation, the Breezy Point Drainage Improvements Project was identified. 3 ALTERNATIVES: 1. Motion and a second as part of the consent agenda to approve the resolution which authorizes the Mayor and City Manager to execute the City’s standard construction contract with Kevin Casey, LLC for the Breezy Point Drainage Improvements Project. 2. Motion and a second to remove this item from the consent agenda for additional discussion. RECOMMENDED MOTION: Alternative #1 4646 Dakota Street SE Prior Lake, MN 55372 RESOLUTION 17-___ A RESOLUTION ACCEPTING QUOTES AND AUTHORIZING THE EXECUTION OF THE CITY’S STANDARD CONSTRUCTION CONTRACT FOR THE BREEZY POINT DRAINAGE IMPROVEMENTS PROJECT Motion By: Second By: WHEREAS, Pursuant to the solicitation of quotes for the Breezy Point Drainage Improvements Project; and WHEREAS, Quotes were received, opened, and tabulated; and WHEREAS, Two quotes were received in the amount of $44,960.00 and $33,818.50; and WHEREAS, Kevin Casey, LLC is the lowest responsible contractor with a quote of $33,818.50. NOW THEREFORE, BE IT HEREBY RESOLVED BY THE CITY COUNCIL OF PRIOR LAKE, MINNESOTA as follows: 1. The recitals set forth above are incorporated herein. 2. Kevin Casey, LLC is the lowest responsible contractor. 3. The Mayor and City Manager are hereby authorized to enter into the City’s standard construction contract with Kevin Casey, LLC in the name of the City of Prior Lake for the Breezy Point Drainage Improvements Project in the amount of $33,818.50. 4. Costs for the project will be recorded to the Capital Improvements Program (CIP), Stormwater Utility Fund, 602-49420.00-55530.00. Passed and adopted by the Prior Lake City Council this 18th day of September, 2017 VOTE Briggs McGuire Thompson Braid Burkart Aye ☐ ☐ ☐ ☐ ☐ Nay ☐ ☐ ☐ ☐ ☐ Abstain ☐ ☐ ☐ ☐ ☐ Absent ☐ ☐ ☐ ☐ ☐ ______________________________ Frank Boyles, City Manager NOTE: EXISTING UTILITY INFORMATION SHOWN ON THIS PLAN HAS BEEN PROVIDED BY THE UTILITY OWNER. THE CONTRACTOR SHALL FIELD VERIFY EXACT LOCATIONS PRIOR TO COMMENCING CONSTRUCTION AS REQUIRED BY STATE LAW. NOTIFY GOPHER STATE ONE CALL, 1-800-252-1166 OR 651-454-0002. DATE:LIC. NO. PROFESSIONAL ENGINEER UNDER THE LAWS OF THE STATE OF MINNESOTA. BY ME OR UNDER MY DIRECT SUPERVISION AND THAT I AM A DULY LICENSED I HEREBY CERTIFY THAT THIS PLAN, SPECIFICATION, OR REPORT WAS PREPARED PROJECT DATUM: HORIZONTAL: VERTICAL: PROJECT LOCATION SCOTT COUNTY, MN CITY OF PRIOR LAKE CITY HALL MAP LEGEND MAP OF THE PUBLIC WORKS SUMMER, 2017 BREEZY POINT DRAINAGE IMPROVEMENTS CONSTRUCTION PLANS FOR CITY OF PRIOR LAKE 20546 LANOL L. LEICHTY © Bolton & Menk, Inc. 2017, All Rights Reserved TITLE SHEET PRIOR LAKE, MINNESOTA BREEZY POINT DRAINAGE IMPROVEMENTS SHEET CONTRACTOR: OBSERVER: INFORMATION RECORD DRAWING DATE: C1.0 H:\PLAK\T18112937\CAD\C3D\C1.0__TTL.dwg 8/8/2017 9:26 AM FEETSCALE HORZ. 1000 20000 SHEET INDEX SHEET NO. GENERAL C1.0 TITLE, & LEGEND C1.1 SITE & GRADING PLAN C1.2 EROSION CONTROL PLAN C1.3 DETAILS 12224 NICOLLET AVENUE BURNSVILLE, MINNESOTA 55337 Phone: (952) 890-0509 Email: Burnsville@bolton-menk.com www.bolton-menk.comR PROJECT LOCATION CO. ROAD 82 CO . R O A D 2 1 HWY 1 3 UPPER PRIOR LAKE SPRING LAKE LOWER PRIOR LAKE C O . R O A D 2 1 HWY 1 3 08/08/2017 S D S 910 910 91 1 9 1 0 91 0 91 5 9 1 5 913 913 © Bolton & Menk, Inc. 2017, All Rights Reserved H:\PLAK\T18112937\CAD\C3D\C1.1_Breezy Point Design.dwg 8/8/2017 9:25 AM FEETSCALE HORZ. 15 300 CONSTRUCT ROCK CHECK DAM (SEE DETAIL) 12" INLET ASSEMBLY CONSTRUCT MANHOLE W/ GRATE OVER EXISTING STORM SEWER NOTES: 1.CONTRACTOR TO GRUB TREE STUMPS WITHIN THE CONSTRUCTION LIMITS (TREES HAVE BEEN CUT DOWN). 2.EXCESS EXCAVATION MATERIAL MAY BE HAULED TO THE CITY'S PUBLIC WORKS SITE AT 5660 CREDIT RIVER ROAD SE. REMOVE SEDIMENT DELTA (15' X 15' X 2' DEEP) PAID FOR AS COMMON EXCAVATION FILL ERODED AREA BY APRON WITH ONSITE MATERIAL (INCIDENTAL) INSTALL 50' OF 6" PERFORATED DRAIN TILE AND ROCK DATEISSUED FORREV SHEET DATELIC. NO. DESIGNED DRAWN CHECKED I HEREBY CERTIFY THAT THIS PLAN, SPECIFICATION, OR REPORT WAS PREPARED BY ME OR UNDER MY DIRECT SUPERVISION AND THAT I AM A DULY LICENSED PROFESSIONAL ENGINEER UNDER THE LAWS OF THE STATE OF MINNESOTA.12224 NICOLLET AVENUE BURNSVILLE, MINNESOTA 55337 Phone: (952) 890-0509 Email: Burnsville@bolton-menk.com www.bolton-menk.comR SITE & GRADING PLAN CITY OF PRIOR LAKE, MN LLL LRS LLL 08/08/201720856 LANI LEICHTY, P.E. BREEZY POINT DRAINAGE IMPROVEMENTS C1.1 S D S 910 910 91 1 9 1 0 91 0 91 5 9 1 5 913 913 INSTALL ROCK CONSTRUCTION ENTRANCE SEED DISTURBED POND AREA WITH STATE SEED MIX 25-131 NOTES: 1.CONTRACTOR TO GRUB TREE STUMPS WITHIN THE CONSTRUCTION LIMITS. 2.MINIMIZE DISTURBANCE ALONG THE ACCESS ROUTE TO PROTECT THE GRASS. 3.INSTALL SEED (STATE MIX 25-131) OVER ALL DISTURBED AREAS, EXCEPT USE SEED (STATE MIX 25-151) OVER ACCESS ROUTE AND NEAR FES. 4.INSTALL EROSION CONTROL BLANKET (FUTERRA F4 NETLESS) OVER DISTURBED AREAS. 5.CONTRACTOR TO NOTIFY CITY IF SEDIMENT IS TRACKED ONTO THE STREET SO THAT IT CAN BE SWEPT BY THE CITY STREET SWEEPER. 6.DISC ACCESS ROUTE TO LOOSEN UP SOIL PRIOR TO INSTALLING TOPSOIL & SEED. LEGEND: EXISTING CONTOURS PROPOSED CONTOURS SILT FENCE INSTALL INLET PROTECTION INSTALL TWO ROWS OF SILT FENCE PRIOR TO LAND DISTURBANCE INSTALL TWO ROWS OF SILT FENCE PRIOR TO LAND DISTURBANCE SEED ACCESS ROUTE WITH STATE SEED MIX 25-151 © Bolton & Menk, Inc. 2017, All Rights Reserved H:\PLAK\T18112937\CAD\C3D\C1.2_Breezy Point Erosion Control.dwg 8/8/2017 9:22 AM FEETSCALE HORZ. 15 300 DATEISSUED FORREV SHEET DATELIC. NO. DESIGNED DRAWN CHECKED I HEREBY CERTIFY THAT THIS PLAN, SPECIFICATION, OR REPORT WAS PREPARED BY ME OR UNDER MY DIRECT SUPERVISION AND THAT I AM A DULY LICENSED PROFESSIONAL ENGINEER UNDER THE LAWS OF THE STATE OF MINNESOTA.12224 NICOLLET AVENUE BURNSVILLE, MINNESOTA 55337 Phone: (952) 890-0509 Email: Burnsville@bolton-menk.com www.bolton-menk.comR EROSION CONTROL PLAN CITY OF PRIOR LAKE, MN LLL LRS LLL 08/08/201720856 LANI LEICHTY, P.E. BREEZY POINT DRAINAGE IMPROVEMENTS C1.2 PRECAST CONCRETE POND SKIMMER STRUCTURE SILT FENCE - PREASSEMBLED 30 " M I N 1' - 6 " M I N PO S T EM B E D M E N T 6" MIN 6" MI N DIRECTION OF RUNOFF FLOW NOTE: 1.GEOTEXTILE FABRIC SHALL BE PER MnDOT SPEC 3886 EXTEND FABRIC INTO TRENCH FABRIC ANCHORAGE TRENCH BACKFILL WITH TAMPED NATURAL SOIL GEOTEXTILE FABRIC, 36" WIDE (SEE NOTE 1) STAPLES 2"x2" WOOD POST 5' MINIMUM LENGTH POSTS AT 6' MAXIMUM SPACING NOTES: 1.THE COST FOR THE 48" OUTLET CONTROL STRUCTURE SHALL INCLUDE CONNECTING TO THE EXISTING PIPE. 2.12" INLET ASSEMBLY INCLUDES HICKENBOTTOM (HBI-12SL), TEE, RISER PIPE AND COUPLING REDUCER. DATEISSUED FORREV SHEET DATELIC. NO. DESIGNED DRAWN CHECKED I HEREBY CERTIFY THAT THIS PLAN, SPECIFICATION, OR REPORT WAS PREPARED BY ME OR UNDER MY DIRECT SUPERVISION AND THAT I AM A DULY LICENSED PROFESSIONAL ENGINEER UNDER THE LAWS OF THE STATE OF MINNESOTA.12224 NICOLLET AVENUE BURNSVILLE, MINNESOTA 55337 Phone: (952) 890-0509 Email: Burnsville@bolton-menk.com www.bolton-menk.comR HE I G H T ( V A R I E S ) 1 1 1 1 SECTION CONSTRUCT WITH CLASS III RIP RAP 1.0' FLOW ELEVATION WIDTH (3' +/-)DIG ENDS OF WEIR INTO BANK A MINIMUM OF 12" (TYPICAL) ROCK CHECK DAM DETAIL NOT TO SCALE 9" SECTION VIEW EL = 911.50 EXISTING 15" RCPFLOW 4' DS 01 TOP OF BERM = 913.0 48" EL 906.00 18'-12" PVC @ 2.78% 12" HICKENBOTTOM (HBI-12SL) TOP EL = 912.0 (MINIMUM) GROUND EL = 908.5 6" CAP (INCIDENTAL) DETAILS CITY OF PRIOR LAKE, MN LLL LRS LLL 08/08/201720856 LANI LEICHTY, P.E. BREEZY POINT DRAINAGE IMPROVEMENTS C1.3 24" 12" 4 11 4 2" - 4" WASHED STONE (INCIDENTAL) INV=905.17 (FIELD VERIFY) © Bolton & Menk, Inc. 2017, All Rights Reserved H:\PLAK\T18112937\CAD\C3D\C1.3_Breezy Point Detail.dwg 8/8/2017 9:28 AM GRATE NOTES: 1. GRATE TO BE MADE IN TWO (2) PIECES 2. ALL METAL SHALL BE HOT-DIPPED GALVANIZED TWO-PIECE POND SKIMMER GRATE MIN 5/8" THICKNESS 4" OC BOTH WAYS (4) 1/2" DIA-13 UNC HEX HEAD STAINLESS STEEL BOLTS WITH NUTS AND WASHERS HINGE ASSEMBLY MINIMUM OF 2 HINGES REQUIRED EXISTING 15" RCP FLOW (SEE GRATE DETAIL ABOVE) 1/2" Ø - 13 UNC HEX HEAD STAINLESS STEEL BOLT DETAIL "B-B" 57" Ø O.D. SEE DETAIL B-B INVERT EL = 906.50 ROCK CONSTRUCTION ENTRANCE 6" MIN THICKNESS 7 5 ' M I N I M U M 25' M I N I M U M SILT FENCE TO TIE INTO BERM OF ROCK ACCESS EACH SIDE 3" MINUS WASHED COARSE AGGREGATE (OR APPROVED EQUAL) PROVIDE RADIUS AS NEEDED (TYP) HARD SURFACE PUBLIC ROAD 18" MIN CUT OFF BERM TO MINIMIZE RUNOFF FROM SITE MnDOT TYPE V (3733) GEOTEXTILE FABRIC SHALL BE PLACED UNDER ROCK TO STOP MUD MIGRATION THROUGH ROCK 50'-6" PERF PVC @ 0.0% (SEE NOTE #2) COUPLING REDUCER NOT TO SCALE DRAIN TILE DETAIL 12" MIN2" 1' VA R I E S 6" PVC PERFORATED PIPE DRAIN 3/4" - 1.5" WASHED ROCK 4" TOPSOIL SAWCUT EXISTING PIPE Standard Construction Contract This Contract (“Contract”) is made on the _____day of______________, 20____, between the City of Prior Lake, Minnesota (hereinafter "City"), whose business address is 4646 Dakota Street SE, Prior Lake, MN 55372, and Kevin Casey, LLC, a Minnesota LLC (hereinafter "Contractor") whose business address is 7491 Casey Parkway, Prior Lake, MN 55372. Preliminary Statement The City has adopted a policy regarding the selection and hiring of contractors to provide a variety of 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 Contract is to set forth the terms and conditions for the provision of services by Contractor for the Breezy Point Drainage Improvements Project, hereinafter referred to as the "Work". The City and Contractor agree as follows: 1. Scope of Work/Proposal. The Contractor agrees to provide, perform and complete all the provisions of the Work in accordance with attached Exhibit A. The terms of this Contract shall take precedence over any provisions of the Contractor’s proposal and/or general conditions. 2. Time of Commencement and Completion. The Work to be performed under this Contract shall be commenced immediately after execution of this Contract. The Work shall be completed by December 31, 2017. _____________________ 3. Compensation for Services. City agrees to pay the Contractor a fixed sum of $33,818.50 as full and complete payment for the labor, materials and services rendered pursuant to this Contract and as described in Exhibit A. a. Any changes in the scope of the work which may result in an increase to the compensation due the Contractor 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. If Contractor is delayed in performance due to any cause beyond its reasonable control, including but not limited to strikes, riots, fires, acts of God, governmental actions, actions of a third party, or actions or inactions of City, the time for performance shall be extended by a period of time lost by reason of the delay. Contractor will be entitled to payment for its reasonable additional charges, if any, due to the delay. 4. Method of Payment. The Contractor shall submit to the City, on a monthly basis, an itemized invoice for services performed under this Contract. Invoices submitted shall be paid in the same manner as other claims made to the City. a. Invoices. Contractor shall verify all statements submitted for payment in compliance with Minnesota Statutes Sections 471.38 and 471.391. For reimbursable expenses, if provided for in Exhibit A, the Contractor shall provide an itemized listing and such Standard Construction Contract 2015.03 Page 2 of 11 documentation as reasonably required by the City. Each invoice shall contain the City’s project number and a progress summary showing the original (or amended) amount of the contract, current billing, past payments and unexpended balance of the contract. Each invoice shall be accompanied by general lien waiver and further lien waivers from all subcontractors on the project waiving liens for work for which payment was requested by Contractor and paid for by City on the preceding invoice. b. Claims. To receive any payment on this Contract, pursuant to Minn. Stat. 471.38, the invoice or bill must include the following signed and dated statement: “I declare under penalty of perjury that this account, claim, or demand is just and correct and that no part of it has been paid.” c. Final Payment. Contractor’s request for final payment shall be accompanied by Contractor’s affidavit that all payrolls, bills for materials and equipment, and other indebtedness connected with the Work for which the City or its property might in any way be responsible, have been paid or otherwise satisfied. Final payment, constituting the entire unpaid balance of the Contract Sum, shall be paid by the City to the Contractor when the W ork has been completed, the Contract fully performed, and the City accepts the Work in writing. 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. d. Income Tax Withholding. No final payment shall be made to the Contractor until the Contractor has provided satisfactory evidence to the City that the Contractor and each of its subcontracts has complied with the provisions of Minn. Stat. Section 290.92 relating to withholding of income taxes upon wages. A certificate by the Commissioner of Revenue shall satisfy this requirement. 5. Standard of Care. Contractor shall exercise the same degree of care, skill and diligence in the performance of its services as is ordinarily exercised by members of the profession under similar circumstances in Scott County, Minnesota. Contractor shall be liable to the fullest extent permitted under applicable law, without limitation, for any injuries, loss, or damages proximately caused by Contractor's breach of this standard of care. Contractor shall put forth reasonable efforts to complete its duties in a timely manner. Contractor shall not be responsible for delays caused by factors beyond its control or that could not be reasonably foreseen at the time of execution of this Contract. Contractor shall be responsible for costs, delays or damages arising from unreasonable delays in the performance of its duties. 6. Project Manager. The Contractor has designated Kevin Casey to Manage the Work. They shall be assisted by other staff members as necessary to facilitate the completion of the Work in accordance with the terms established herein. Contractor may not remove or replace the designated manager without the approval of the City. 7. 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 this Contract. 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 go ods not in current manufacture may be returned to the Contractor at the Contractor’s expense. Standard Construction Contract 2015.03 Page 3 of 11 8. Correction of Work. The Contractor shall promptly correct all Work rejected by the City as defective or as failing to conform under this Contract whether observed before or after completion of the Work and whether or not fabricated, installed or completed. The Contractor shall bear all costs of correcting such rejected Work. 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 and shall be free from defects in materials, workmanship, and operation which appear within a period of one year, or within such longer period as may be prescribed by law or in the term s of the Contract, from the date of City’s written 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 ten (10) 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 form 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. Private Property. The Contractor shall not enter upon private property for any purpose without having previously obtained permission from the City. The Contractor shall be responsible for the preservation of, and shall use every precaution to prevent damage to all trees, shrubbery, plants, lawns, fences, culverts, bridges, pavements, driveways, sidewalks, etc.; all water, sewer and gas lines; all conduits; all overhead pole lines or appurtenances thereof; and all other public or private property along or adjacent to the work. 11. Removal of Construction Equipment, Tools and Supplies. At the termination of this Contract, before acceptance of the Work by the City, the Contractor shall remove all of Contractor’s equipment, tools and supplies from the property of the City. Should the Contractor fail to remove such equipment, tools and supplies, the City shall have the right to remove them and deduct the cost of removal from any amount owed to Contractor. 12. Suspension of Work by City. The City may at any time suspend the Work, or any part thereof, by giving ten (10) days' notice to the Contractor in writing. The work shall be resumed by the Contractor within ten (10) days after the date fixed in the written notice from the City to the Contractor to resume. If the City’s suspension of all or part of the Work causes additional Standard Construction Contract 2015.03 Page 4 of 11 expenses not due to the fault or negligence of the Contractor, the City shall reimburse the Contractor for the additional expense incurred due to suspension of the work. Claims for such compensation, with complete substantiating records, shall be filed with the City within ten (10) days after the date of order to resume Work in order to receive consideration. This paragraph shall not be construed as entitling the Contractor to compensation for delays due to inclement weather, failure to furnish additional surety or sureties specified herein, for suspension made at the request of the Contractor, or for any other delay provided for in this Contract. 13. City’s Right to Carry Out the Work. If the Contractor defaults or neglects to carry out the Work in accordance with the Contract or fails to perform any provisions of the Contract, the City may, after ten (10) 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. 14. City’s Right to Terminate Contract and Complete the Work. The City has the right to terminate this Contract for any of the following reasons: a. The Contractor is adjudged bankrupt, makes a general assignment for the benefit of creditors, or becomes insolvent; b. Failure of Contractor to supply adequate properly skilled workmen or proper materials; c. Failure of Contractor to make prompt payment to subcontractor for material or labor; d. Any disregard of laws, ordinances or proper instructions of the City; e. Assignment or work without permission of the City; f. Abandonment of the work by Contractor; g. Failure to meet the work progress schedule set forth in this Contract; h. Unnecessary delay which, in the judgment of the City, will result in the work not being completed in the prescribed time. Termination of the Contract shall be preceded by ten (10) days written notice by the City to the Contractor and its surety stating the grounds for termination and the measures, if any, which must be taken to assure compliance with the Contract. The Contract shall be terminated at the expiration of such ten (10) day period unless the City Council shall withdraw its notice of termination. Upon termination of the Contract by the City, the City may, without prejudice to any other remedy the City may have, 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 at the Contractor’s expense. Upon Contract termination, the Contractor shall not be entitled to receive any further payment until the Work is finished. If the unpaid balance of the contract price exceeds the expense of finishing the Work, including compensation for additional managerial and administrative services, the excess shall be paid to the Contractor. If such expense exceeds the unpaid balance, the Contractor shall pay the difference to the City. In the event that the Contractor abandons the Work, fails or refuses to complete the Work or fails to pay just claims for labor or material, the City reserves the right to charge against the Contractor all legal, engineering, or other costs resulting from such abandonment, failure or refusal. Legal costs will include the City's cost of prosecuting or defending any suit in Standard Construction Contract 2015.03 Page 5 of 11 connection with such abandonment, failure or refusal, and non-payment of claims wherein the City is made co-defendant, and the Contractor agrees to pay all costs, including reasonable attorney's fees. 15. Contractor’s Right to Terminate Contract. The Contractor may terminate this Contract upon ten (10) days written notice to the City for any of the following reasons: a. If an order of any court or other public authority caused the Work to be stopped or suspended for a period of 90 days through no act or fault of the Contractor or its employees. b. If the City should fail to pay any undisputed sum owed Contractor within forty-five (45) days after the sum becomes due. 16. Performance and Payment Bonds. Not required for this contract. 17. Subcontractor. The Contractor shall bind every subcontractor and every subcontractor shall agree to be bound by the terms of this Contract as far as applicable to its work, unless specifically noted to the contrary in a subcontract approved in writing as adequate by the City. The Contractor shall pay any subcontractor involved in the performance of this Contract within the 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 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 Contractor shall pay the actual interest penalty due to the subcontractor. A subcontractor who prevails in a civil action to collect interest penalties from the Contract or shall be awarded its costs and disbursements, including attorney's fees, incurred in bringing the action. 18. Independent Contractor. Contractor is an independent contractor engaged by City to perform the services described herein and as such (i) shall employ such persons as it shall deem necessary and appropriate for the performance of its obligations pursuant to this Contract, who shall be employees, and under the direction, of Contractor and in no respect employees of City, and (ii) shall have no authority to employ persons, or make purchases of equipment on behalf of City, or otherwise bind or obligate City. No statement herein shall be construed so as to find the Contractor an employee of the City. 19. 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: Kevin Casey, LLC 7491 Casey Parkway Prior Lake, MN 55372 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: ________________ City of Prior Lake 4646 Dakota Street SE Standard Construction Contract 2015.03 Page 6 of 11 Prior Lake, MN 55372 Notices shall be deemed effective on the date of receipt. Any party may change its address for the service of notice by giving written notice of such change to the other party, in any manner above specified, 10 days prior to the effective date of such change. 20. Insurance. a. General Liability. Prior to starting the Work, Contractor shall procure, maintain and pay for such insurance as will protect against claims or loss which may arise out of operations by Contractor or by any subcontractor or by anyone employed by any of them or by anyone for whose acts any of them may be liable. Such insurance shall include, but not be limited to, minimum coverages and limits of liability specified in this Paragraph, required by law, or the insurance coverage actually obtained by Contractor, whichever is greater. b. Contractor shall procure and maintain the following minimum insurance coverages and limits of liability for the Work: Worker’s Compensation Statutory Limits Employer’s Liability $500,000 each accident $500,000 disease policy limit $500,000 disease each employee Commercial General Liability $1,500,000 property damage and bodily injury per occurrence $2,000,000 general aggregate $2,000,000 Products – Completed Operations Aggregate $100,000 fire legal liability each occurrence $5,000 medical expense Comprehensive Automobile Liability $1,000,000 combined single limit each accident (shall include coverage for all owned, hired and non-owed vehicles.) Umbrella or Excess Liability $1,000,000 c. Commercial General Liability. The Commercial General Liability Policy shall be on ISO form CG 00 01 12 07 or CG 00 01 04 13, or the equivalent. Such insurance shall cover liability arising from premises, operations, independent contractors, products-completed operations, personal and advertising injury, and liability assumed under an insured contract (including the tort liability of another assumed in a business contract). There shall be no endorsement or modification of the Commercial General Liability form arising from pollution, explosion, collapse, underground property damage or work performed by subcontractors. d. Contractor shall maintain “stop gap” coverage if Contractor obtains Workers’ Compensation coverage from any state fund if Employer’s liability coverage is not available. Standard Construction Contract 2015.03 Page 7 of 11 e. All policies, except the Worker’s Compensation Policy, shall name the “City of Prior Lake” as an additional insured on ISO forms CG 20 10 07 04 or CG 20 10 04 13; and CG 20 37 07 04 or CG 20 37 04 13, or their equivalent. f. All policies shall apply on a “per project” basis. g. All polices shall contain a waiver of subrogation in favor of the City. h. All policies shall be primary and non-contributory. i. All polices, except the Worker’s Compensation Policy, shall insure the defense and indemnity obligations assumed by Contractor under this Contract. j. Contractor agrees to maintain all coverage required herein throughout the term of the Contract and for a minimum of two (2) years following City’s written acceptance of the Work. k. It shall be Contractor’s responsibility to pay any retention or deductible for the coverages required herein. l. All policies shall contain a provision or endorsement that coverages afforded thereunder shall not be cancelled or non-renewed or restrictive modifications added, without thirty (30) days’ prior notice to the City, except that if the cancellation or non- renewal is due to non-payment, the coverages may not be terminated or non- renewed without ten (10) days’ prior notice to the City. m. Contractor shall maintain in effect all insurance coverages required under this Paragraph at Contractor’s sole expense and with insurance companies licensed to do business in the state in Minnesota and having a current A.M. Best rating of no less than A-, unless specifically accepted by City in writing. n. A copy of the Contractor’s Certificate of Insurance which evidences the compliance with this Paragraph, must be filed with City prior to the start of Contractor’s Work. Upon request a copy of the Contractor’s insurance declaration page, Rider and/or Endorsement, as applicable shall be provided. Such documents evidencing Insurance shall be in a form acceptable to City and shall provide satisfactory evidence that Contractor has complied with all insurance requirements. Renewal certificates shall be provided to City prior to the expiration date of any of the required policies. City will not be obligated, however, to review such Certificate of Insurance, declaration page, Rider, Endorsement or certificates or other evidence of insurance, or to advise Contractor of any deficiencies in such documents and receipt thereof shall not relieve Contractor from, nor be deemed a waiver of, City’s right to enforce the terms of Contractor’s obligations hereunder. City reserves the right to examine any policy provided for under this paragraph. o. Effect of Contractor’s Failure to Provide Insurance. If Contractor fails to provide the specified insurance, then Contractor will defend, indemnify and hold harmless the City, the City's officials, agents and employees from any loss, claim, liability and expense (including reasonable attorney's fees and expenses of litigation) to the extent necessary to afford the same protection as would have been provided by the specified Standard Construction Contract 2015.03 Page 8 of 11 insurance. Except to the extent prohibited by law, this indemnity applies regardless of any strict liability or negligence attributable to the City (including sole negligence) and regardless of the extent to which the underlying occurrence (i.e., the event giving rise to a claim which would have been covered by the specified insurance) is attributable to the negligent or otherwise wrongful act or omission (including breach of contract) of Contractor, its subcontractors, agents, employees or delegates. Contractor agrees that this indemnity shall be construed and applied in favor of indemnification. Contractor also agrees that if applicable law limits or precludes any aspect of this indemnity, then the indemnity will be considered limited only to the extent necessary to comply with that applicable law. The stated indemnity continues until all applicable statutes of limitation have run. If a claim arises within the scope of the stated indemnity, the City may require Contractor to: i. Furnish and pay for a surety bond, satisfactory to the City, guaranteeing performance of the indemnity obligation; or ii. Furnish a written acceptance of tender of defense and indemnity from Contractor's insurance company. Contractor will take the action required by the City within fifteen (15) days of receiving notice from the City. 21. Indemnification. Contractor will defend and indemnify City, its officers, agents, and employees and hold them harmless from and against all judgments, claims, damages, costs and expenses, including a reasonable amount as and for its attorney’s fees paid, incurred or for which it may be liable resulting from any breach of this Contract by Contractor, its agents, contractors and employees, or any negligent or intentional act or omission performed, taken or not performed or taken by Contractor, its agents, contractors and employees, relative to this Contract. City will indemnify and hold Contractor harmless from and against any loss for injuries or damages arising out of the negligent acts of the City, its officers, agents or employees. 22. Ownership of Documents. All plans, diagrams, analyses, reports and information generated in connection with the performance of the Contract (“Information”) shall become the property of the City, but Contractor may retain copies of such documents as records of the services provided. The City may use the Information for its purposes and the Contractor also may use the Information for its purposes. Use of the Information for the purposes of the project contemplated by this Contract does not relieve any liability on the part of the Contractor, but any use of the Information by the City or the Contractor beyond the scope of this Contract is without liability to the other, and the party using the Information agrees to defend and indemnify the other from any claims or liability resulting therefrom. 23. Non-Discrimination. During the performance of this Contract, the Contractor shall not discriminate against any employee or applicant for employment because of race, color, creed, religion, national origin, sex, marital status, status with regard to public assistance, disability, sexual orientation or age. The Contractor 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 Contractor 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. The Contractor Standard Construction Contract 2015.03 Page 9 of 11 further agrees to comply with all aspects of the Minnesota Human Rights Act, Minnesota Statutes 363.01, et. seq., Title VI of the Civil Rights Act of 1964, and the Americans with Disabilities Act of 1990. 24. Mediation. Each dispute, claim or controversy arising from or related to this agreement shall be subject to mediation as a condition precedent to initiating arbitration or legal or equitable actions by either party. Unless the parties agree otherwise, the mediation shall be in accordance with the Commercial Mediation Procedures of the American Arbitration Association then currently in effect. A request for mediation shall be filed in writing with the American Arbitration Association and the other party. No arbitration or legal or equitable action may be instituted for a period of 90 days from the filing of the request for mediation unless a longer period of time is provided by agreement of the parties. Cost of mediation shall be shared equally between the parties. Mediation shall be held in the City of Prior Lake unless another location is mutually agreed upon by the parties. The parties shall memorialize any agreement resulting from the mediation in a mediated settlement agreement, which agreement shall be enforceable as a settlement in any court having jurisdiction thereof. 25. Audit Disclosure and Data Practices. Any reports, information, data, etc. given to, or prepared or assembled by the Contractor under this Contract 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. The books, records, documents and accounting procedures and practices of the Contractor or other parties relevant to this Contract are subject to examination by the City and either the Legislative Auditor or the State Auditor for a period of six (6) years after the effective date of this Contract. This Contract is subject to the Minnesota Government Data Practice Act, Minnesota Statutes Chapter 13 (Data Practices Act). All government data, as defined in the Data Practices Act Section 13.02, Subd 7, which is created, collected, received, stored, used, maintained, or disseminated by Contractor in performing any of the functions of the City during performance of this Contract is subject to the requirements of the Data Practice Act and Contractor shall comply with those requirements as if it were a government entity. All subcontracts entered into by Contractor in relation to this Contract shall contain similar Data Practices Act compliance language. 26. Rights and Remedies. The duties and obligations imposed by this Contract 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. 27. Assignment. Neither party shall assign this Contract, nor any interest arising herein, without the written consent of the other party. 28. Damages. In the event of a breach of the Contract by City, the Contractor shall not be entitled to recover punitive, special or consequential damages or damages for loss of business. 29. Enforcement. The Contractor shall reimburse the City for all costs and expenses, including without limitation, attorneys' fees paid or incurred by the City in connection with the enforcement by the City during the term of this Contract or thereafter of any of the rights or remedies of the City under this Contract. Standard Construction Contract 2015.03 Page 10 of 11 30. Severability. The provisions of this Contract 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 Contract. 31. Entire Agreement. The entire agreement of the parties is contained herein. This Contract 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 Contract shall be valid only when expressed in writing and duly signed by the parties, unless otherwise provided herein. 32. Waiver. 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. 33. Governing Law. This Contract shall be controlled by the laws of the State of Minnesota. 34. Conflicts. No salaried officer or employee of the City and no member of the Council of the City shall have a financial interest, direct or indirect, in this Contract. The violation of this provision renders the Contract void. 35. Counterparts. This Contract may be executed in multiple counterparts, each of which shall be considered an original. 36. Compliance with Laws and Regulations. In providing services hereunder, the Contractor shall abide by statutes, ordinances, rules, and regulations pertaining to the provisions of Work to be provided. Any violation of statutes, ordinances, rules and regulations pertaining to the Work to be provided shall constitute a material breach of this Agreement and entitle the City to immediately terminate this Agreement. 37. Responsible Contractor. Contractor warrants under oath that Contractor is in compliance with the minimum criteria required of a “responsible contractor” as that term is defined in Minnesota Statutes § 16C.285, subd. 3. Contractor has provided to City a list of all of its first-tier subcontractors and motor carriers that it intends to retain for work on the project. The Contractor has obtained from all subcontractors and motor carriers with which it will have a direct contractual relationship a signed statement under oath by an owner or officer verifying that the subcontractor or motor carrier meets all of the minimum criteria in § 16C.285, subd. 3. If Contractor retains additional subcontractors or motor carriers on the project after submitting its verification of compliance, the Contractor shall obtain verification of compliance from each additional subcontractor and motor carrier with which it has a direct contractual relationship and shall submit to the City a supplemental verification confirming the subcontractor’s and motor carrier’s compliance with subdivision 3, clause (7), within 14 days of retaining the additional subcontractors or motor carriers. Contractor shall submit to the City upon request copies of the signed verifications of compliance from all subcontractors and motor carriers of any tier pursuant to Minn. Stat. § 16C.285, subd. 3(7). A false statement under oath, by Contractor, subcontractor, or motor carrier, verifying compliance with any of the minimum criteria may result in termination of the Contract. Standard Construction Contract 2015.03 Page 11 of 11 Executed as of the day and year first written above. CITY OF PRIOR LAKE __________________________________ Mayor ___________________________________ City Manager CONTRACTOR By: ________________________________ Its: _______________________________