HomeMy WebLinkAbout5C Watermain Repair 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: OCTOBER 7, 2019
AGENDA #: 5C
PREPARED BY: ANDY STEPHES, WATER FOREMAN
ANDY BROTZLER, PUBLIC WORKS DIRECTOR/CITY ENGINEER
PRESENTED BY: ANDY BROTZLER
AGENDA ITEM:
ADOPT RESOLUTION No. 19-109 AUTHORIZING THE MAYOR AND CITY
MANAGER TO EXECUTE A CITY STANDARDIZED LABOR AND MATERIALS
CONTRACT RELATED TO THE 2019 TH 13 WATERMAIN REPAIR PROJECT
GOAL AREA AND
OBJECTIVE:
Environmental Stewardship & Recreation
1. Provide clean and safe drinking water for the community and protect drinking
water resources.
DISCUSSION: Introduction
The purpose of this resolution is to authorize the Mayor and Interim City Manager
to execute the City’s Standardized Labor and Materials Contract for the
construction of the 2019 TH 13 Watermain Repair Project.
History
The City municipal water system includes two lake crossings that provide service
to the northeast area of the community. In November of 2018 one of the two
crossings located along TH 13 broke and has been shut-off since this time. There
have been breaks in this line previously that have been spot repaired by
excavating. Staff had originally anticipated that repairing this break could be
completed by excavating. However, due to the location of the break and its
proximity to the lake combined with the higher water levels this year, open trench
excavation was deemed to be unfeasible. Therefore, staff has researched the
installation of new replacement line by directional drilling which will address the
break and provide a new line along the entire route. Replacement of this line is
recommended to restore reduncy to the water service in the area of the city.
Current Circumstances
The 2019 TH 13 Watermain Repair Project consists of directionally drilling new
watermain along TH 13 between Rustic Road SE and Boudin Street NE. The
existing watermain will be abandoned in place, pending approval from the
Minnesota Department of Transportation (MnDOT).
WSB was chosen to engineer the project at the August 5th, 2019 City Council
meeting. A bid package was created and sent to 8 contractors. Two vendors
responded and their pricing was as follows:
Vendor Price
Minger Construction $187,654.50
GM Contracting $229,359.53
Conclusion
Staff recommends hiring Minger Construction to complete the project for the TH 13
Watermain Replacement project.
FINANCIAL
IMPACT:
The repair project will be funded from the water operating budget.
ALTERNATIVES: 1. Approve the resolution as apart of the consent agenda authorizing the
Mayor and City Manager to execute a Labor and Materials Standardized
Contract with Minger Construction Inc for the TH 13 Watermain
Replacement Project
2. Remove this item from the consent agenda for additional discussion.
RECOMMENDED
MOTION:
Alternative #1
4646 Dakota Street SE
Prior Lake, MN 55372
RESOLUTION 19-109
RESOLUTION AUTHORIZING THE MAYOR AND CITY MANAGER TO EXECUTE THE
CITY’S STANDARDIZED LABOR AND MATERIALS CONTRACT FOR THE TH 13
WATERMAIN REPAIR PROJECT
Motion By: Second By:
WHEREAS, Certain repairs and replacement of watermain along TH 13 between Rustic Road
and Boudin Street NE are necessary; and
WHEREAS, WSB & Associates did the design of the TH 13 Watermain Repair Project in
cooperation with the City of Prior Lake; and
WHEREAS, Minger Contracting provided the lowest bid for the project; and
WHEREAS, The City does not have in-house resources to complete this project
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. Minger Contracting Inc is hereby authorized to provide contracting services for the TH 13
Watermain Repair Project.
3. The Mayor and City Manager authorize a contract with Minger Contracting Inc with the
expenditure of $187,654.50.
4. Funding for these services will be drawn from the Water Operating Fund.
Passed and adopted by the Prior Lake City Council this 7th day of October 2019.
VOTE Briggs Thompson Burkart Braid Erickson
Aye ☐ ☐ ☐ ☐ ☐
Nay ☐ ☐ ☐ ☐ ☐
Abstain ☐ ☐ ☐ ☐ ☐
Absent ☐ ☐ ☐ ☐ ☐
______________________________
Lori Olson, Interim City Manager
Notice to Bidders
The following documents and specifications are required by this contract and are available by request at
the City of Prior Lake and via the internet at the sites listed below :
Schedule of Prices 1 page
This contract requires strict adherence to the Schedule of Prices. It is the contractor's responsibility to
make himself/herself familiar with the abbreviations. Copies of the Schedule of Prices are available via
the internet at http://www.dot.state.mn .us/pre-letting/prov/order/sch-price.pdf
As bidder of this contract, I acknowledge that I {we) am {are) familiar with the above documents
and that we will adhere to the requirements of same for this contract.
2019 TH 13 WATERMAIN REPLACEMENT
CITY OF PRIOR LAKE, MN
WSB PROJECT NO. R-014602-000
for:
r-~19
Date
NOTICE TO BIDDERS -ACKNOWLEDGEMENT
PAGE2
Bidder: Minaer Construction Inc.
Address : 620 Corporate Drive
C ity , State , Zip:
E-mail Address :
Jordan, MN 55325
rblake@mingerconst.com J Telephone No.:
BID FORM
2019 TH 13 WATERMAIN REPLACEMENT
CITY OF PRIOR LAKE, MN
WSB PROJECT NO. R-014602-000
Opening Time : 10 :00 am
303-519-4329
------------
Th is Bid is submitted to :
WSB
Emily Lueth
elueth@wsbeng.com
0 pen in g Date: Thursday, September 26, 2019
1. The undersigned Bidder proposes and agrees , if this Bid is accepted , to enter into an Agreement with Owner in the form included in
the Bidding Documents to perform all Work as specified or indicated in the Bidding Documents for the prices in this Bid , within the
times required , and in accordance with the other terms and conditions of the Bidding Documents .
2. Bidder accepts all of the terms and conditions of the Instructions to Bidders , including without limitation those dealing with the
disposition of Bid security. This Bid will remain subject to acceptance for 60 days after the Bid opening , or for such longer period of
time that Bidder may agree to in writing upon request of Owner.
3. In submitting this Bid , Bidder represents that:
a. Bidder has visited the Site , conducted a thorough , alert visual exam ination of the Site and adjacent areas , and become fam iliar
with and satisfied itself as to the general , local , and Site conditions that may affect cost , progress , and performa nce of the Work.
b . Bidder is familiar with and has satisfied itself as to all Laws and Regulations that may affect cost , progress , and performance of
the Work .
c . Bidder has carefully studied all: (1) reports of explorations and tests of subsurface conditions at or adjacent to the Site and all
drawings of physical conditions relating to existing surface or subsurface structures at the Site that have been identified in the
Supplementary Conditions , especially with respect to Technical Data in such reports and drawings, and (2) reports and drawings
relating to Hazardous Environmental Conditions , if any , at or adjacent to the Site that have been identified in the Supplementary
Conditions , especially with respect to Technical Data in such reports and drawings.
d . Bidder has considered the information known to Bidder itself; information commonly known to contractors do ing business in the
locality of the Site ; information and observations obtained from visits to the Site ; the Bidd ing Documents and any Site-related
reports and drawings identified in the Bidding Documents , with respect to the effect of such information , observations , and
documents on (1) the cost , progress , and performance of the Work ; (2) the means , methods , techniques , sequences , and
procedures of construction to be employed by Bidder ; and (3) Bidder's safety precautions and programs .
e. Bidder agrees , based on the information and observations referred to in the preceding paragraph , that no further exam inations ,
investigations , explorations , tests , studies , or data are necessary for the determination of this Bid for performance of the Work
at the price bid and within the times required , and in accordance with the other terms and conditions of the Bidd ing Documents .
f . Bidde r is aware of the general nature of work to be performed by Owner and others at the Site that relates to the Wo rk as
indicated in the Bidding Documents.
g . Bidde r has given Engineer written notice of all conflicts , errors , ambigu ities , or discrepancies that Bidder has discovered in the
Bidding Documents , and confirms that the written resolution thereof by Engineer is acceptable to Bidder.
h . The Bidd ing Documents are generally sufficient to indicate and convey understanding of all terms and conditions fo r the
performance and furnishing of the Work .
i. The subm ission of this Bid constitutes an incontrovertible representation by Bidder that Bidder has complied with every
requirement listed herein , and that without exception the Bid and all prices in the Bid are prem ised upon perform ing and
furnishing the Work required by the Bidding Documents.
2019 TH 13 WATERMAIN REPLACEMENT
CITY OF PRIOR LAKE, MN
WSB PROJECT NO. R-014602-000
BID FORM
PAGE 1
2019 TH 13 WATERMAIN REPLACEMENT
CITY OF PRIOR LAKE , MN
WSB PROJECT NO . R-014602-000
4 . Bidder will complete the work in accordance with the Contract Documents for the following price(s):
2019 TH 13 WATERMAIN REPLACEMENT
CITY OF PRIOR LAKE, MN
WSB PROJECT NO. R-014602-000
BID FORM
PAGE 2
No. Mat. No. Item
A. WATERMAIN IMPROVEMENTS
1 2021 .501 MOBILIZATION
2 2101.604 CLEARING
3 2101.604 GRUBBING
4 2104.502 SALVAGE SIGN
5 2104.503 REMOVE WATER MAIN
6 2104.602 ABANDON GATE VAL VE & BOX
7 2104.603 ABANDON WATER MAIN
8 2105 .601 DEWATERING
9 2123 .610 STREET SWEEPER (WITH PICKUP BROO:t-vl)
10 2504.602 CONNECT TO EXISTING WATER MAIN
11 2504 .602 HYDRANT
12 2504 .602 6" GATE VAL VE & BOX
13 2504.602 8" GATE VALVE&BOX
14 2504.603 6" WATERMAINDUCTILEIRONCL 52
15 2504.603 8" PVC WATERMAIN
16 2504 .603 8" PVC WATERMAIN (DIRECTIONAL DRILLED)
17 2504 .604 4" POLYSTYRENE INSULATION
18 2504.608 DUCTILE IRON FITTINGS
19 2563 .601 TRAFFIC CONTROL
20 2564 .602 INSTALL SALVAGED SIGN
21 2573 .501 STABILIZED CONSTRUCTION EXIT
22 2573 .502 STORM DRAIN INLET PROTECTION
2019 TH 13 WA 1ERMAIN REPLACEMENT PROJECT
CITY OF PRIOR LAKE PROJECT N O.
WSB PROJECT NUMBER. R -01 4602-000
Units Qu antity Unit Pr ic e Tota l Price
LS $ 33,000.00 $ 33,000.00
SY 910 $ 2.50 $ 2,275.00
SY 910 $ 2.50 $ 2,275.00
EACH 2 $ 113.00 $ 226.00
LF 240 $ 7.00 $ 1,680.00
EACH 1 $ 725.00 $ 725.00
LF 1060 $ 8.50 $ 9,010.00
LS 1 $ 6,000.00 $ 6,000.00
HOUR 10 $ 135.00 $ 1,350.00
EACH 2 $ 10,500.00 $ 21,000.00
EACH 1 $ 5,750.00 $ 5,750.00
EACH $ 2,300.00 $ 2,300.00
EACH 1 $ 2,900.00 $ 2,900.00
LF 35 $ 170.00 $ 5,950.00
LF 186 $ 75.00 $ 13,950.00
LF 1055 $ 55.00 $ 58,025.00
SY 10 $ 95.00 $ 950.00
LB 290 $ 15.00 $ 4,350.00
LS 1 $ 7,500.00 $ 7,500.00
EACH 2 $ 113.00 $ 226.00
LS $ 1,700.00 $ 1,700.00
EACH 4 $ 130.00 $ 520.00
PAGE3
2019 TH 13 WA TERMAIN REPLACEMENT PROJECT
CITY OF PRIOR LAKE PROJ ECT NO.
WSB PROJECT NUMBER. R-014602-000
No. Mat No. Item Units Quantity Unit Price Total Price
23 2573 .503 SEDIMENT CONTROL LOG TYPE COMPOST LF 430 $ 3.00 $ 1,290.00
24 2574 .508 FERTILIZER TYPE 3 LB 180 $ 1.25 $ 225.00
25 2575.504 EROSION CONTROL BLANKETS CATEGORY 3N SY 750 $ 3.00 $ 2,250.00
26 2575 .604 SEEDING SY 1650 $ 1.25 $ 2,062.50
27 2575 .508 SEED MIXTURE 25-141 LB 30 $ 5.50 $ 165.00
Total A. WATERMAIN IMPROVEMENTS $ 187,654 .5 0
GRAND TOTAL BID $ 187,654 .50
2019 TH 13 WATERMAIN REPLACEMENT
CITY OF PRIOR LAKE, MN
WSB PROJECT NO . R-014602-000
5. Bidder acknowledges that (1) each Bid Unit Price includes an amount considered by Bidder to be adequate to cover Contractor's
overhead and profit for each separately identified item, and (2) estimated quantities are not guaranteed, and are solely for the
purpose of comparison of Bids , and final payment for all unit price Bid items will be based on actual quantities , determ ined as
provided in the Contract Documents .
6 . Bidder has examined and carefully studied the Bidding Documents, and any data and reference items identified in the
Bidding Documents, and hereby acknowledges receipt of the following Addenda :
Addendum No. ____ Dated :-------Addendum No . ____ Dated :-------
Addendum No . ____ Dated :-------Addendum No. ____ Dated :-------
7 . Bidder agrees that the Work will be substantially complete and will be completed and ready for final payment in accordance with
Paragraph 15.06 of the General Cond itions on or before the dates or within the number of calendar days indicated in the
Agreement.
8. The following documents are submitted with and made a condition of th is Bid :
a . Non-Collusion Affidavit;
b. Responsible Contractor Verification and Certification of Compliance; and
c. Bidder's Acknowledgement of Notice to Bidders.
BIDDER : [Indicate correct name of bidd,J entity]
~g~ ~l'fu_.~'dvt
By :
[Signature]
[Printed name]
Title :
Subm ittal Date :
Address for giving notices :
(o d-0 6>~~fe. /),<
If Bidder is a corporation , what is the state of incorporation?
/[//vv,e.s.at,t
If Bidder is a partnership, state full name of all co-partners :
Federal Employer ID Number (EIN):
2019 TH 13 WATERMAIN REPLACEMENT
CITY OF PRIOR LAKE, MN
WSB PROJECT NO. R-014602-000
BID FORM
PAGES
NON-COLLUSION AFFIDAVIT
The following Non-Collusion Affidavit shall be executed by the bidder:
State Project No. __ .....,N'""/c.c..A:...-___________ _
Federal Project No. __ .....,N"""l"'"A,..__ __________ _
State of Minnesota---------
) ss
County of __ ..._~ ... ~~ .... )<-=Cr'.l::;i..,.____ ___ _
I, ____ __,,.,....
11.....,Adl.~_f..~'~' ~(J_"""""~fll"""""" ... Yl~f/61~~----· do state under penalty of (n ~rson slgning thisaffi8avit)
perjury under 28 U.S.C. 1746 of the laws of the United States :
(1)
and that I have the authority to make this affidavit for and on behalf of said bidder;
(2) that, in connection with this proposal, the said bidder has not either directly or
indirectly entered into any agreement, participated in any collusion or otherwise taken any action in
restraint of free competitive bidding;
(3) that, to the best of my knowledge and belief, the contents of this proposal have not
been communicated by the bidder or by any of his/her employees or agents to any person who is not
an employee or agent of the bidder or of the surety on any bond furnished with the proposal and will
not be communicated to any person who is not an employee or agent of the bidder or of said surety
prior to the official opening of the proposal, and
(4) that I have fully informed myself regarding the accuracy of the statements made
in this affidavit.
2019 TH 13 WATERMAIN REPLACEMENT
CITY OF PRIOR LAKE, MN
WSB PROJECT NO. R·D146D2..0DD
NON-COLLUSION AFFIDAVIT
I
ATTACHMENT A
PRIME CONTRACTOR RESPONSE
RESPONSIBLE CONTRACTOR VERIFICATION AND CERTIFICATION OF COMPLIANCE
STATE PROJECT NUMBER: .p!l..7:&utk ' ,'z U[Cj t tf /3 N3{~u~ ~fP/~ee'/Jten/
I
This fonn includes changes by statutory references from the Laws of Minnesota 2015, chapter 64,
sections 1-9. This fonn must be submitted with the response to th is solicitation. A response
received without this form, will be rejected.
Minn . Stat.§ 16C.285 , Subd. 7 . IMPLEMENTATION .... any prime contractor or subcontractor or motor carri er tha t
does not meet the m inimum criteria in subdivision 3 or fails to verify that it meets those criteria is not a responsible
contractor and is not eligible to be awarded a construction contract for the project or to perform work on the project. ..
Minn . Stat.§ 16C.285, Subd. 3. RESPONSIBLE CONTRACTOR, MINIMUM CRITERIA. "Responsible contractor"
means a contractor that conforms to the responsibil ity requirements in the solicitation document for its portion of the
work on the project and verifies that it meets the following minimum criteria :
(1 )
(2 )
The Contractor.
(I) is in compliance with workers' compensation and unemployment insurance requirements ;
(ii) is in compliance with Department of Revenue and Department of Employment and Economic Development
registration requirements if it has employees;
(iii) has a valid federal tax identification number or a valid Social Security number if an individual; and
(iv) has filed a certificate of authority to transact business in Minnesota with the Secretary of State if a foreign
corporation or cooperative.
The contractor or related entity is in compliance \Nith and , during the three-year period before submitting the
verification , has not violated section 177.24, 177.25 , 177.41 to 177.44, 181 .13, 181 .14, or 181.722 , and has not
violated United States Code , title 29 , sections 201 to 219, or United States Code , title 40, sections 3 141 to 3148.
For purposes of this clause, a violation occurs when a contractor or related entity:
(i) repeatedly fails to pay statutorily required wages or penalties on one or more separate projects for a total
underpayment of $25,000 or more within the three-year period, provided that a failure to pay is "repeated " only if
it involves two or more separate and distinct occurrences of underpayment during the three-year period ;
(ii) has been issued an order to comply by the commissioner of Labor and Industry that has become f inal ;
(iii) has been issued at least two determination letters within the three-year period by the Department of
Transportation finding an underpayment by the contractor or related entity to its own employees;
(iv) has been found by the commissioner of Labor and Industry to have repeatedly or INillfully violated any of the
sections referenced in this clause pursuant to section 177 .27 ;
(v) has been issued a ruling or findings of underpayment by the administrator of the Wage and Hour Division of
the United States Department of Labor that have become final or have been upheld by an adm inistrative law
judge or the Administrative Review Board; or
(vi) has been found liable for underpayment of wages or penalties or misrepresenting a construction worker as
an independent contractor in an action brought in a court having jurisdiction. Provided that, if the contractor or
related entity contests a determination of underpayment by the Department of Transportation in a contested
case proceeding, a violation does not occur until the contested case proceeding has concluded with a
determination that the contractor or related entity underpaid wages or penalties ;•
Revised 9/29/2015 Page 1 of S
(3) The contractor or related entity is in compliance with and, during the three-year period before submittin g t he
verification , has not violated section 181.723 or chapter 3268 . For purposes of this clause , a violation occurs
when a contractor or related entity has been issued a final adm inistrative or licensing order ;*
(4) The contractor or related entity has not, more than twice during the three-year period before submitting the
verification , had a certificate of compliance under section 363A.36 revoked or suspended based on the
provisions of section 363A.36, with the revocation or suspension becoming final because it was upheld by the
Office of Administrative Hearings or was not appealed to the office;*
(5) The contractor or related entity has not received a final determination assessing a monetary sanction from the
Department of Administration or Transportation for failure to meet targeted group business, disadvantaged
business enterprise, or veteran-owned business goals, due to a lack of good faith effort, more than once during
the three-year period before submitting the verification;*
* Any violations, suspensions, revocations , or sanctions, as defined in clauses (2) to (5), occurring pr ior to
July 1, 2014, shall not be considered in determining whether a contractor or related entity meets the
minimum criteria.
(6) The contractor or related entity is not currently suspended or debarred by the federal government or the state of
Minnesota or any of its departments, commissions, agencies, or political subdivisions that have authority to
debar a contractor; and
(7) All subcontractors and motor carriers that the contractor intends to use to perform project work have verified to
the contractor through a signed statement under oath by an owner or officer that they meet the minimum criteria
listed in clauses (1) to (6).
M i nn. Stat.§ 16C.285 , Subd. 5. SUBCONTRACTOR VERIFICATION.
A prime contractor or subcontractor shall include in its verification of compliance under subdivision 4 a list of all of its
first-tier subcontractors that it intends to retain for work on the project. Prior to execution of a construction contract, and
as a condition precedent to the execution of a construction contract , the apparent successful prime contractor shall
submit to the contracting authority a supplemental verification under oath confirming compliance with subdivision 3,
clause (7). Each contractor or subcontractor shall obtain from all subcontractors with which it will have a direct
contractual relationship a signed statement under oath by an owner or officer verifying that they meet all of the
minimum criteria in subdivision 3 prior to execution of a construction contract with each subcontractor.
If a prime contractor or any subcontractor retains additional subcontractors on the project after submitting its
verification of compliance, the prime contractor or subcontractor shall obtain verifications of compliance from each
additional subcontractor with which it has a direct contractual relationship and shall submit a supplemental
verification confirming compliance with subdivision 3 , clause (7), within 14 days of retaining the additional
subcontractors.
A prime contractor shall submit to the contracting authority upon request cop ies of the signed verifications of
compliance from all subcontractors of any tier pursuant to subdivision 3 , clause (7). A prime contractor and
subcontractors shall not be responsible for the false statements of any subcontractor with which they do not have a
direct contractual relationship . A prime contractor and subcontractors shall be responsible for false statements by
their first-tier subcontractors with which they have a direct contractual relationship only if they accept the verificat ion
of compliance with actual knowledge that it contains a false statement.
Subd . 5a. Motor carrier verification. A prime contractor or subcontractor shall obtain annually from all motor
carriers with which it will have a direct contractual relationship a signed statement under oath by an owner or officer
verifying that they meet all of the minimum criteria in subdivision 3 prior to execution of a construction contract with
each motor carrier. A prime contractor or subcontractor shall require each such motor carrier to prov ide it with
immediate written notification in the event that the motor carrier no longer meets one or more of the minimum
criteria in subdivision 3 after subm itting its annual verification . A motor carrier shall be ineligible to perform work on
a project covered by this section if it does not meet all the minimum criteria in subdivision 3. Upon request , a prime
contractor or subcontractor shall submit to the contracting authority the signed verifications of compliance f rom all
motor carriers providing for-hire transportation of materials, equipment, or supplies for a project .
Rev ised 9/29/2015 Page 2 of 5
Minn . Stat.§ 16C.285, Subd. 4. VERIFICATION OF COMPLIANCE.
A contractor responding to a solicitation document of a contracting authority shall submit to the contracting authority a
signed statement under oath by an owner or officer verifying compliance with each of the minimum criteria in
subdivision 3, with the exception of clause (7), at the time that it responds to the solicitation document.
A contracting authority may accept a signed statement under oath as sufficient to demonstrate that a contractor is a
responsible contractor and shall not be held liable for awarding a contract in reasonable reliance on that statement. A
prim e contractor, subcontractor, or motor carrier that fails to verify compliance with any one of the required minimum
criteria or makes a false statement under oath in a verification of compliance shall be ineligible to be awarded a
construct ion contract on the project for which the verification was submitted .
A false statement under oath verifying compliance with any of the m inimum criteria may result in termination of a
construction contract that has already been awarded to a prime contractor or subcontractor or motor carrier that
submits a false statement. A contracting authority shall not be liable for declining to award a contract or terminating a
contract based on a reasonable determination that the contractor failed to verify compliance with the minimum criteria
or falsely stated that it meets the minimum criteria . A verification of compliance need not be notarized . An electronic
verification of compliance made and submitted as part of an electron ic bid shall be an acceptable verification of
compliance under this section provided that it contains an electronic signature as defined in section 325l.02 ,
paragraph (h).
CERTIFICATION
By signing this document I certify that I am an owner or officer of the company, and I swear under oath that:
1) My company meets each of the Minimum Criteria to be a responsible contractor as defined herein and Is In
compliance with Minn. Stat § 16C.285, and
2) if my company is awarded a contract, I will submit Attachment A-1 prior to contract execution, and
3) If my company is awarded a contract, I will also submit Attachment A-2 as required.
Authorized Signature of Owner or Officer: Printed Name:
Title:
Company Name:
/l{i
NOTE : Minn. Stat. § 16C.285, Subd . 2 , (c) If only one prime contractor responds to a solicitation document,
a contracting authority may award a construction contract to the responding prime contractor even if the
minimum criteria in subdivision 3 are not met.
Rev is ed 9/29/2015 Page 3 of S
ATTACHMENT A-1
FIRST-TIER SUBCONTRACTORS LIST
SUBMIT PRIOR TO EXECUTION OF A CONSTRUCTION CONTRACT
ST ATE PROJECT NUMBER: f&,z,<,Jg-,}0-l 'l TH I 3 1&~£4nt:B<"N ~
Minn . St at§ 16C.285, Subd. 5. A prime contracto r or subcontract or shall include in its verifi cation of compl ian ce
under s ubdivision 4 a list of all of its first-tier subcontractors that it intends to retain for work on the project. Prior to
exe cu tion of a construction contract, and as a conditio n precedent to the execution of a construction contract , t he
appa rent successful prime contractor shall submit to the contracting authority a supplemental verification under o ath
co nfi rming compliance w ith subdivision 3 , clause (7). Each contractor or subcontractor sh all obtain from all
su bcontractors with which it will have a direct contractual relationsh ip a signed statement under oath by an owner or
offi c er verifying that they meet all of the minimum criteria in subd iv ision 3 prior to execution of a constructi on contra ct
w it h each subcontractor.
FIRST TIER SUBCONTRACTOR NAMES* Name of city where company (Legal name of company as registered with the Secretary of
State) home office Is located
EBI Duluth
Wellens Ag Carver
Safety Signs Lakeville
*Attach additional sheets as needed for subm ission of all first-tier subcontractors.
SUPPLEMENT AL CERTIFICATION FOR ATTACHMENT A-1
By signing this document I certify that I am an owner or officer of the company, and I swear under oath
that:
All first-tier subcontractors listed on attachment A-1 have verified through a signed statement under
oath by an owner or officer that they meet the minimum criteria to be a responsible contractor as defined
in Minn. Stat.§ 16C.285.
or Officer:
Company Name :
Rev ised 9/29/2015 Page 4of S
Bidder:
Address :
City, State, Zip:
E -mail Address : "1'l
Thi s Bid Is submitted to :
WSB
Emily Lueth
el ueth@wsbeng.com
BID FORM
2019 TH 13 WATERMAIN REPLACEMENT
CITY OF PRIOR LAKE, MN
WSB PROJECT NO . R-014602-000
Telephone No.: ..5l>7-7-<b-lt:,',13
Opening Time : 10:00 am ------------0 pen in g Date: Thursday, September 26, 2019
1. The undersigned Bidder proposes and agrees, if this Bid is accepted, to enter into an Agreement with Owner in the form included in
the Bidding Documents to perform all Work as specified or indicated in the Bidding Documents for the prices in this Bid, within the
times required, and in accordance with the other terms and conditions of the Bidding Documents.
2. Bidder accepts all of the terms and conditions of the Instructions to Bidders, including without limitation those dealing with the
disposition of Bid security. This Bid will remain subject to acceptance for 60 days after the Bid opening, or for such longer period of
time that Bidder may agree to in writing upon request of Owner.
3. In submitti ng this Bid, Bidder represents that:
a. Bidder has visited the Site, conducted a thorough, alert visual examination of the Site and adjacent areas , and become familiar
with and satisfied itself as to the general, local , and Site conditions that may affect cost, progress, and performance of the Work.
b . Bidder is familiar with and has satisfied itself as to all Laws and Regulations that may affect cost, progress, and performance of
the Work .
c. Bidder has carefully studied all : (1) reports of explorations and tests of subsurface conditions at or adjacent to the Site and al l
drawings of physical conditions relating to existing surface or subsurface structures at the Site that have been identified i n the
Supplementary Conditions, especially with respect to Technical Data in such reports and drawings, and (2) reports and drawings
relating to Hazardous Environmental Conditions, if any, at or adjacent to the Site that have been identified in the Supplementary
Cond itions, especially with respect to Technical Data in such reports and drawings.
d. Bidder has considered the information known to Bidder itself; information commonly known to contractors doing business i n the
locality of the Site; information and observations obtained from visits to the Site ; the Bidding Documents and any Site-rel ated
reports and drawings identified in the Bidding Documents, with respect to the effect of such information , observations , and
documents on (1) the cost, progress, and performance of the Work ; (2) the means , methods, techniques , sequences , and
procedures of construction to be employed by Bidder; and (3) Bidder's safety precautions and programs .
e . Bidder agrees, based on the information and observations referred to in the preceding parag raph, that no further examinations ,
investigations, explorations , tests, studies, or data are necessary for the determination of th is Bid for performance of the Work
at the price bid and within the times required, and in accordance with the other terms and conditions of the Biddi ng Documents .
f. Bidder is aware of the general nature of work to be performed by Owne r and others at the Site that relates to the Work as
indicated in the Bidding Documents.
g. Bidder has given Engineer written notice of all conflicts, errors , ambiguities , or discrepancies that Bidder has d iscovered i n the
Bidd ing Documents, and confirms that the written resolution thereof by Engineer is acceptab le to Bidder.
h. The Bidding Documents are generally sufficient to indicate and convey understanding of all terms and condi ti ons for t he
performance and furnishing of the Work.
i. The subm ission of this Bid constitutes an incontrovertible representation by Bidder that Bidder has complied with every
requirement listed herein, and that without exception the Bid and all prices in the Bid are premised upon performing and
furn ishing the Work required by the Bidding Documents .
20 19 TH 13 WATERMAIN REPLACEMENT
CI TY OF PRIOR LAKE, MN
WSB PROJECT NO. R-014602-000
BID FORM
PAGE 1
2019 TH 13 WATERMAIN REPLACEMENT
CITY OF PRIOR LAKE , MN
WSB PROJECT NO. R-014602-000
4 . Bidder will complete the work in accordance with the Contract Documents for the following price(s):
20 19 TH 13 WATERMAIN REPLACEMENT
CI TY OF PRIOR LAKE, MN
W SB PROJECT NO. R-014602-000
BID FORM
PAGE2
N o. Mat. No. Item
A. WATERMAIN IMPROVEMENTS
2021.501 MOBILIZATION
2 2101.604 CLEARING
3 2101.604 GRUBBING
4 2104 .502 SALVAGE SIGN
5 2104.503 REMOVE WATER MAIN
6 2104.602 ABANDON GA TE VAL VE & BOX
7 2104.603 ABANDON WATER MAIN
8 2105.601 DEWATERING
9 2123.610 STREET SWEEPER (WITH PICKUP BROOM)
IO 2504.602 CONNECT TO EXISTING WATER MAIN
I I 2504.602 HYDRANT
12 2504.602 6" GATE VALVE & BOX
13 2504.602 8" GATEVALVE&BOX
14 2504.603 6" WATERMAIN DUCTILE IRON CL 52
15 2504.603 8 11 PVC WATERMAIN
16 2504.603 8" PVC WATERMAIN (DIRECTIONAL DRILLED)
17 2504.604 4" POLYSTYRENE INSULATION
18 2504.608 DUCTILE IRON FITTINGS
19 2563.601 TRAFFIC CONTROL
20 2564.602 INSTALL SALVAGED SIGN
21 2573.501 STABILIZED CONSTRUCTION EXIT
22 2573.502 STORM DRAIN INLET PROTECTION
2019 TH 13 WA TERMAJN REPLACEMENT PROJECT
CITY OF PRIOR LAKE PROJECT NO.
WSB PROJECT NUMBER. R-014602-000
Units Quantity Unit Price Total Price
LS $3'f,a><Y.0D $ '31-fOo&.OD
SY 910 $ /.DO $ t:l;o. t2 D
SY 910 $ o.~o $ '-f ..55.&0
EACH 2 $ 51.9.0D $ llM -Oo
LF 240 $ /.§D $ 7b{),00
EACH $ ~.;zS.{:)f) $ 3.:?J;";,..t) ()
LP 1060 $ If f? b $ J;; SJ. e:, O
LS 1 $ ;z ~of) .,d) $ ,2~ t.9&. Dl)
HOUR 10 $ /§7. b) $ )J;" 7{,;,, /'{)
EACH 2 $ 7o2b'2SV $ I 4-J;;~J. o7>
EACH $ h.,) 3,.;;,52 $ b -23SS2
EACH $ "3Cjqol . .27 $ 31?<2.27
EACH $ Jf. Y 3/ b J $ tf 't SI. b /
LF 35 $ (o3.07 $ .;l .2 0 7. i.J '$
LF 186 $ /D?_,t/9 $ ){j :)40 . .l. ~
LF 1055 $/D3,'J'? $ It> 9 b 9rgJ/1)
SY 10 s c2o, ?Jo $ 2o3. E>D
LB 290 $ I g, ;~ $ 5.2 S'i. 97)
LS s q5/J&.oo $ 9 ~f)0,0 0
EACH 2 $ 35t!>,D'O $ 7DD,a)
LS $ /I) &rJ, (JO $ /bt>&,DV
EACH 4 $ )SO.Do $ b c>O. DQ
PAGE3
2019 TH 13 WA TERMAIN REPLACEMENT PROJECT
CITY OF PRIOR LAKE PROJECT NO.
WSB PROJECT NUMBER. R-014602-000
No. Mat. No. Item Units Quantity Unit Price Total Pl'ice
23 2573.503 SEDIMENT CONTROL LOG TYPE COMPOST LF 430 $ ~.OD $ 12 tJ o. or;
24 2574.508 FERTILIZER TYPE 3 LB 180 $ G,.oo $ JD &O.Cl)
25 2575.504 EROSION CONTROL BLANKETS CATEGORY 3N SY 750 $ o?,.SJ $ J '8 <g 2 'g)
26 2575.604 SEEDING SY 1650 $ J,05 $ /73~Sf)
27 2575.508 SEED MIXTIJRE 25-141 LB 30 $ /D.oo $ --::;,c>&.f>Q
Total A. WATERMAIN IMPROVEMENTS $ .;c:;;9, 3~ 9.~~
GRAND TOT AL BID $ .;2..2q 35C/.~3
PAGE4
2019 TH 13 WATERMAIN REPLACEMENT
CITY OF PRIOR LAKE , MN
WSB PROJECT NO. R-014602-000
5. Bidder acknowledges that (1) each Bid Unit Price includes an amount considered by Bidder to be adequate to cover Contractor's
overhead and profit for each separately identified item, and (2) estimated quantities are not guaranteed, and are solely for the
purpose of comparison of Bids, and final payment for all unit price Bid items will be based on actual quantities, determined as
provided in the Contract Documents .
6 . Bidder has examined and carefully studied the Bidding Documents, and any data and reference items identified in the
Bidding Documents, and hereby acknowledges receipt of the following Addenda:
Addendum No. ____ Dated :-------Addendum No. ____ Dated:-------
Addendum No. ____ Dated:-------Addendum No. ____ Dated :-------
7 . Bidder agrees that the Work will be substantially complete and will be completed and ready for final payment in accordance with
Paragraph 15 .06 of the General Conditions on or before the dates or within the number of calendar days indicated in the
Agreement.
8 . The following documents are submitted with and made a condition of this Bid :
a. Non-Collusion Affidavit;
b. Responsible Contractor Verification and Certification of Compliance; and
c. Bidder's Acknowledgement of Notice to Bidders .
BIDDER : {Indicate correct name of bidding entity]
By:
{Signature]
{Printed name}
Title :
Submittal Date:
Address for giving notices:
Po 8ux 7 ~k,
If Bidder is a corporation, what is th~ state of incorporation?
If Bidder is a partnership, state full name of all co-partners:
Federal Employer ID Number (EIN):
2019 TH 13 WATERMAIN REPLACEMENT
CITY OF PRIOR LAKE, MN
W SB PROJECT NO. R-014602-000
BID FORM
PAGES
NON-COLLUSION AFFIDAVIT
The fo ll owing Non-Collusion Affidavit shall be executed by the bidder:
State Project No. ---'N"""/..,_A'--------------
Federal Project No. ---'N"""/_,_A'-------------
State of Minnesota--------
) ss
County of --=J3~J ..... u._42.=--..,~'--w-l'_Y'----'-'A,__ __
I, ___ j}"-'-...;..l!!'_;,..,__"+>'--f+.'--u-r_;"""'·-;z:..=--e'.'"'-
1
...;:.... ______ , do state under penalty of
(name bf person signing this affidavit)
perjury under 28 U.S .C . 1746 of the laws of the United States :
(1)
I
that I am the authorized representative of _ _,b-=-_,._._,1}...._--={ ..... o""-L11-'---L..i-'--,_,~'--'c,,_~_/_·';j-,--:£= ..... d_..___
(name of person , partnership or corporation submitt ing th is proposal)
and that I have the authority to make this affidavit for and on behalf of said bidder;
(2) that, in connection with this proposal, the said bidder has not either directly or
indirectly entered into any agreement , participated in any collus ion or otherwise taken any action in
restrai nt of free competitive bidding ;
(3) that, to the best of my knowledge and belief, the contents of this proposal have not
been commun icated by the bidder or by any of his/her employees or agents to any person who is not
an employee or agent of the bidder or of the surety on any bond furnished with the proposal and will
not be communicated to any person who is not an employee or agent of the bidder or of said surety
prior to t he official opening of the proposal, and
(4) that I have fully informed myself regarding the accuracy of the statements made
in this affidavit.
2019 TH 13 WATERMAIN REPLACEMENT
CITY OF PRIOR LAKE, MN
WSB PROJECT NO. R-014602-000
NON-COLLUSION AFFIDAVIT
ATTACHMENT A
PRIME CONTRACTOR RESPONSE
RESPONSIBLE CONTRACTOR VERIFICATION AND CERTIFICATION OF COMPLIANCE
STATE PROJECT NUMBER: ___________________ _
This form includes changes by statutory references from the Laws of Minnesota 2015, chapter 64,
sections 1-9. This form must be submitted with the response to this solicitation. A response
received without this form, will be rejected.
Minn. Stat. § 16C.285, Subd. 7. IMPLEMENTATION .... any prime contractor or subcontractor or motor carrier that
does not meet the minimum criteria in subdivision 3 or fails to verify that it meets those criteria is not a responsible
contractor and is not eligible to be awarded a construction contract for the project or to perform work on the project. ..
Minn. Stat.§ 16C.285, Subd. 3. RESPONSIBLE CONTRACTOR, MINIMUM CRITERIA. "Responsible contractor"
means a contractor that conforms to the responsibility requirements in the solicitation document for its portion of the
work on the project and verifies that it meets the following minimum criteria:
(1)
(2)
The Contractor:
(i) is in compliance with workers' compensation and unemployment insurance requirements;
(ii) is in compliance.with Department of Revenue and Department of Employment and Economic Development
registration requirements if it has employees;
(iii) has a valid federal tax identification number or a valid Social Security number if an individual; and
(iv) has filed a certificate of authority to transact business in Minnesota with the Secretary of State if a foreign
corporation or cooperative.
The contractor or related entity is in compliance with and, during the three-year period before submitting the
verification, has not violated section 177.24, 177.25, 177.41 to 177.44, 181.13, 181.14, or 181.722, and has not
violated United States Code, title 29, sections 201 to 219, or United States Code, title 40, sections 3141 to 3148.
For purposes of this clause, a violation occurs when a contractor or related entity:
(i) repeatedly fails to pay statutorily required wages or penalties on one or more separate projects for a total
underpayment of $25,000 or more within the three-year period, provided that a failure to pay is "repeated" only if
it involves two or more separate and distinct occurrences of underpayment during the three-year period ;
(ii) has been issued an order to comply by the commissioner of Labor and Industry that has become final ;
(ii i) has been issued at least two determination letters within the three-year period by the Department of
Transportation finding an underpayment by the contractor or related entity to its own employees;
(iv) has been found by the commissioner of Labor and Industry to have repeatedly or willfully violated any of the
sections referenced in this clause pursuant to section 177.27;
(v) has been issued a ruling or findings of underpayment by the administrator of the Wage and Hour Division of
the United States Department of Labor that have become final or have been upheld by an administrative law
judge or the Administrative Review Board; or
(vi) has been found liable for underpayment of wages or penalties or misrepresenting a construction worker as
an independent contractor in an action brought in a court having jurisdiction. Provided that, if the contractor or
related entity contests a determination of underpayment by the Department of Transportation in a contested
case proceeding, a violation does not occur until the contested case proceeding has concluded with a
determination that the contractor or related entity underpaid wages or penalties;*
Revised 9/29/2015 Page 1 of 5
(3) The contractor or related entity is in compliance with and, during the three-year period before submitting the
verification, has not violated section 181.723 or chapter 3268. For purposes of this clause, a violation occurs
when a contractor or related entity has been issued a final administrative or licensing order;*
(4) The contractor or related entity has not, more than twice during the three-year period before submitting the
verification, had a certificate of compliance under section 363A.36 revoked or suspended based on the
provisions of section 363A.36, with the revocation or suspension becoming final because it was upheld by the
Office of Administrative Hearings or was not appealed to the office ;*
(5) The contractor or related entity has not received a final determination assessing a monetary sanction from the
Department of Administration or Transportation for failure to meet targeted group business , disadvantaged
business enterprise, or veteran-owned business goals, due to a lack of good fa ith effort, more than once during
the three-year period before submitting the verification;*
* Any violations, suspensions, revocations, or sanctions, as defined in clauses (2) to (5), occurring prior to
July 1, 2014, shall not be considered in determining whether a contractor or related entity meets the
minimum criteria.
(6) The contractor or related entity is not currently suspended or debarred by the federal government or the state of
Minnesota or any of its departments, commissions , agencies, or political subdivisions that have authority to
debar a contractor; and
(7) All subcontractors and motor carriers that the contractor intends to use to perform project work have verified to
the contractor through a signed statement under oath by an owner or officer that they meet the minimum criteria
listed in clauses (1) to (6).
Minn . Sta t. § 16C.285, Subd. 5. SUBCONTRACTOR VERIFICATION .
A prime contractor or subcontractor shall include in its verification of compliance under subdivision 4 a list of all of its
first-tier subcontractors that it intends to retain for work on the project. Prior to execution of a construction contract, and
as a cond ition precedent to the execution of a construction contract, the apparent successful prime contractor shall
submit to the contracting authority a supplemental verification under oath confirming compliance with subdivision 3,
clause (7). Each contractor or subcontractor shall obtain from all subcontractors with which it will have a direct
contractual relationship a signed statement under oath by an owner or officer verifying that they meet all of the
minimum criteria in subdivision 3 prior to execution of a construction contract with each subcontractor.
If a pr ime contractor or any subcontractor retains additional subcontractors on the project after submitting its
verification of compliance, the prime contractor or subcontractor shall obtain verifications of compliance from each
add itional subcontractor with which it has a direct contractual relationship and shall submit a supplemental
verification confirming compliance with subdivision 3, clause (7), within 14 days of retaining the additiona l
subcontractors.
A prime contractor shall submit to the contracting authority upon request copies of the signed verifications of
compl iance from all subcontractors of any tier pursuant to subdivision 3, clause (7). A prime contractor and
subcontractors shall not be responsible for the false statements of any subcontractor with which they do not have a
direct contractual relationship. A prime contractor and subcontractors shall be responsible for false statements by
their fi rst-tier subcontractors with which they have a direct contractual relationship only if they accept the verificatio n
of compliance with actual knowledge that it contains a false statement.
Subd . 5a. Motor carrier verification. A prime contractor or subcontractor shall obtain annually from all motor
carriers with which it will have a direct contractual relationship a signed statement under oath by an owner or officer
verifying that they meet all of the minimum criteria in subdivision 3 prior to execution of a construction contract with
each motor carrier. A prime contractor or subcontractor shall require each such motor carrier to provide it with
immediate written notification in the event that the motor carrier no longer meets one or more of the minimum
criteria in subdivision 3 after submitting its annual verification. A motor carrier shall be ineligible to perform work on
a project covered by this section if it does not meet all the minimum criteria in subdivision 3. Upon request, a prime
contractor or subcontractor shall submit to the contracting authority the signed verifications of compliance from all
motor carriers providing for-hire transportation of materials, equipment , or supplies for a project.
Revised 9/29/2015 Page 2 of 5
Minn. Stat.§ 16C.285, Subd. 4. VERIFICATION OF COMPLIANCE.
A contractor responding to a solicitation document of a contracting authority shall submit to the contracting author ity a
signed statement under oath by an owner or officer verifying compliance with each of the minimum criteria in
subdivision 3, with the exception of clause (7), at the time that it responds to the solicitation document.
A contracting authority may accept a signed statement under oath as sufficient to demonstrate that a contractor is a
respons ible contractor and shall not be held liable for awarding a contract in reasonable reliance on that statement. A
prime contractor, subcontractor, or motor carrier that fails to verify compliance with any one of the required minimum
criteria or makes a false statement under oath in a verification of compliance shall be ineligible to be awarded a
construction contract on the project for which the verification was submitted.
A false statement under oath verifying compliance with any of the minimum criteria may result in termination of a
construction contract that has already been awarded to a prime contractor or subcontractor or motor carrier that
submits a false statement. A contracting authority shall not be liable for declining to award a contract or terminating a
contract based on a reasonable determination that the contractor failed to verify compliance with the minimum criteri a
or falsely stated that it meets the minimum criteria . A verification of compliance need not be notarized . An electronic
verification of compliance made and submitted as part of an electronic bid shall be an acceptable verification of
compliance under this section provided that it contains an electronic signature as defined in section 325L.02 ,
paragraph (h).
CERTIFICATION
By signing this document I certify that I am an owner or officer of the company, and I swear under oath that:
1) My company meets each of the Minimum Criteria to be a responsible contractor as defined herein and is in
compliance with Minn. Stat. § 16C.285, and
2) if my company is awarded a contract, I will submit Attachment A-1 prior to contract execution, and
3) if my company is awarded a contract, I will also submit Attachment A-2 as required.
Printed Name:
/-}. e /J ">"
Date:
Company Name:
G //7 [r0~'f tu.c'f,
1n
NOTE: Minn. Stat. § 16C.285, Subd . 2, (c) If only one prime contractor responds to a solicitation document ,
a contracting authority may award a construction contract to the responding prime contractor even if the
minimum criteria in subdivision 3 are not met.
Revised 9/29/2015 Page3of5
ATTACHMENT A-1
FIRST-TIER SUBCONTRACTORS LIST
SUBMIT PRIOR TO EXECUTION OF A CONSTRUCTION CONTRACT
STATE PROJECT NUMBER: ___ ~------------------
Minn . Sta t. § 16C.285, Subd . 5. A prime contractor or subcontractor shall include in its verification of compliance
under subdivision 4 a list of all of its first-tier subcontractors that it intends to retain for work on the project. Prior to
execution of a construction contract, and as a condition precedent to the execution of a construction contract, the
apparent successful prime contractor shall submit to the contracting authority a supplemental verification u nder oath
confirm ing compliance with subdivision 3, clause (7). Each contractor or subcon tractor shall obtain from all
subcontractors with which it will have a direct contractual relationship a signed statement under oath by an owner or
officer verifying that they meet all of the m inimum criteria in subdivision 3 prior to execution of a construction contract
with each subcontractor.
FIRST TIER SUBCONTRACTOR NAMES"
(Legal name of company as registered with the Secretary of
State)
Name of city where company
home office is located
*Attach additional sheets as needed for submission of all first-tier subcontractors.
SUPPLEMENT AL CERTIFICATION FOR ATTACHMENT A-1
By signing this document I certify that I am an owner or officer of the company, and I swear under oath
that:
All first-tier subcontractors listed on attachment A-1 have verified through a signed statement under
oath by an owner or officer that they meet the minimum criteria to be a responsible con t ractor as defined
in Minn . Stat. § 1 SC.285.
Authorize
Title: t"'°" J .::;> ec req~
Date:
1/-;2(9 -/q
Company Name:
G .41 Co,,,_ 'f-,..~<-'t-J
Revised 9/29/2015 Page 4 of 5
Notice to Bidders
The following documents and specifications are required by this contract and are available by request at
the City of Prior Lake and via the internet at the sites listed below:
Schedule of Prices 1 page
This contract requires strict adherence to the Schedule of Prices. It is the contractor's responsibility to
make himself/herself familiar with the abbreviations. Copies of the Schedule of Prices are available via
the internet at http ://www.dot.state .mn.us/pre-letting/prov/order/sch-price .pdf
As bidder of this contract, I acknowledge that I (we) am (are) familiar with the above documents
and that we will adhere to the requirements of same for this contract.
2019 TH 13 WATERMAIN REPLACEMENT
CITY OF PRIOR LAKE, MN
WSB PROJECT NO. R-014602-000
for:
Signed~ ~Da:!'-.?/:dl/
G Ill (o/l ·11'&..c 1-:o/ J;ie,
NOTICE TO BIDDERS -ACKNOWLEDGEMENT
PAGE2