HomeMy WebLinkAbout5 - Toronto Ave/Tower ST Proj. 90-12
AGENDA NUMBER:
PREPARED BY:
SUBJECT:
DATE:
INTRODUCTION:
BACKGROUND:
DISCUSSION:
ALTERNATIVES:
RECOMMENDATION:
HERITAGE
1891
COMMUNITY
1991
1(7J.5fJjy~
2Q9t
5
LARRY J. ANDERSON, DIRECTOR OF PUBLIC
CONSIDER APPROVAL OF RESOLUTION 90-34
BIDS FOR TORONTO AVENUE/TOWER STREET,
#90-12
JULY 16, 1990
WORKS
AWARDING
PROJECT
The purpose of this Agenda item is
or reject the bids received and to
a contract for the construction
#90-12.
to accept
enter into
of Project
On June la, 1990, the Council approved the
advertisement of bids for the Toronto
Avenue/Tower Street project. The bid opening
date was set for 10:00 A.M., July l6, 1990
which is the day of the Council Meeting.
It is Staff's intention to tabulate the
and make a recommendation of award at
meetin9. In the event that insufficient
is ava1lable to make a recommendation to
Council the item will be removed from
Agenda.
The attached Resolution 90-34 will be
completed and provided to the Council at the
meeting.
bids
the
time
the
the
The plans are currently being reviewed by
MnDOT, if plan approval is not received by
July 16, 1990, the award will need to be
contingent upon MnDOT plan approval.
The following is a list of the alternatives:
1. Approve Resolution 90-34 awarding the
contract for Project #90-12, contingent
upon State Aid approval.
2. Table this item for a specific reason.
3. Do not approve Resolution 90-34 for a
specific reason.
The recommendation will be made
at
the
4629 Dakota 51. 5.E., Prior Lake, Minnesota 55372 / Ph. (612) 447-4230 Fax (612) 447-4245
BUDGET IMPACT:
ACTION REQUIRED:
meeting.
This project will be paid through Special
Assessments, ad valorem tax based upon our
adopted overlay policy and MSA Funds.
The action required will vary depending on the
bids received.
HERITAGE
1891
COMMUNITY
1991
18J.50.A' '
20JI
RESOLUTION 90-34
RESOLUTION ACCEPTING BID FOR PROJECT NO. 90-12
MOTIONED BY
SECONDED BY
WHEREAS, ~ursuant to an advertisement for
1mprovement of the following streets:
1. Toronto Avenue from Tower Street to Trunk Highway
13.
bids
for
the
2. Realignment of Vine Street and Tower Street between
CSAH 23 and Toronto Avenue.
3. Realignment and extension of Duluth Avenue to the
new alignment of Tower street and Vine street.
by the installation of storm sewer, grading, aggregate base,
concrete curb and gutter, bituminous surfacing, sidewalk,
bikeway, lighting, and appurtenant work; bids were received,
opened, and tabulated according to law, and the following bids
were received complying with the advertisement:
CONTRACTORS
TOTAL BID
AND WHEREAS, it appears that
of is the lowest responsible bidder.
NOW THEREFORE BE IT RESOLVED BY THE MAYOR AND CITY COUNCIL OF
PRIOR LAKE, MINNESOTA, that
1. The Mayor and City Manager are hereby authorized to enter
into the attached contract with
of
in the name of the City of Prior Lake for the improvement of
the following streets contingent upon Minnesota Department of
Transportation State Aid Office plan approval:
1. Toronto Avenue from Tower Street to Trunk Highway 13.
2. Realignment of Vine Street and Tower Street between CSAH
23 and Toronto Avenue.
4629 Dakota St. SE, Prior Lake. Minnesota 55372 / Ph. (612) 447-4230 / Fax (612) 447-4245
3. Realignment and extension of Duluth Avenue to the new
alignment of Tower Street and Vine street.
by the installation of storm sewer, grading, a9gregate base,
concrete curb and gutter, bituminous surfac1ng, sidewalk,
bikeway, lighting, and appurtenant work; according to the
plans and specifications therefore approved by the City
Council and on file in the office of the City Manager.
2. The City Manager is hereby authorized and directed to return
forthwith to all bidders the deposits made with their bids,
except that the deposits of the successful bidder and the
next two lowest bidders shall be retained until a contract
has been signed.
Passed and adopted this
th day of
, 1990.
YES
NO
Andren
Fitzgerald
Larson
Scott
White
Andren
Fitzgerald
Larson
Scott
White
{Seal}
David J. Unmacht
City Manager
City of Prior Lake
DOCUMENT 00500
AGREEMENT
THIS AGREEMENT, made as of the
19__, by and between a
day of
of corporation, partnership,
their business name), a
state where incorporated or formed and
Minnesota general partnership, etc.),
"Contractor", and the City of Prior Lake,
corporation (hereinafter called the
referred to as the "City").
(name of contractor, i.e., name
all contracting individuals and
(name of
whether a corporation,
hereinafter called the
a Minnesota municipal
"Owner" and sometimes
RECITALS
WHEREAS, Contractor has been selected by the Owner in
accordance with Minnesota law to provide materials, equipment and
labor necessary for construction and completion of certain
improvements as set forth herein, and
WHEREAS, Contractor has agreed to perform its obligations,
covenants and undertakings as contained herein in consideration
for payment as contained herein,
NOW, THEREFORE, in consideration of the mutual promises,
covenants and conditions as hereinafter set forth, the parties
agree as follows:
1. The Contractor agrees to provide all the materials,
equipment and labor necessary for the complete construction of
all the improvements, work and/or obligations of Contractor
(hereinafter referred to as "Work") as required by the drawings,
specifications, exhibits, conditions, covenants and agreements as
contained in the documents prepared by
for Project , collectively referred to
Documents", and to do everything required by
Documents previously furnished to the Contractor by
receipted for by the Contractor.
as "Contract
the Contract
the Owner and
2. The Contractor agrees that the Work contemplated by the
Contract Documents shall be entirely completed on or before
, 19_.
3. The Owner agrees to pay Contractor in current funds for
the performance of its obligations pursuant to the Contract
Documents the sum of
Dollars ($ ), sub~ect to the additions and deductions
as providea for in the specif1cations to the Contract Documents
and to make payments on account of the
provided for in said specifications,
stated:
Contract Documents as
except as hereinafter
~
4. The Contractor and the Owner agree that the Contract
Documents, including but not limited to the specifications,
drawings, standard general conditions, instructions to bidder,
supplementary cond1tions, special provisions, standard utility
specifications, if anr, and Contractor bids, and such other
provisions as conta1ned in the Contract Documents, are
incorporated herein by reference and are a part of this Agreement
as if attached or re~eated herein. With respect to the drawings
and specifications wh~ch are part of the Contract Documents, the
Contractor and Owner agree that the followin9 shall constitute a
complete list of said drawings and specificat1ons:
Specifications:
Drawings:
5. Prior to execution of this Agreement, the Contractor
shall furnish to the Owner for review by the City Engineer and/or
City Attorney all bid bonds, performance bonds, letters of credit,
insurance certificates, evidence of insurance in final form, as
required by the Contract Documents. In addition, prior to
execution of this Agreement, the Contractor, if a partnership or
corporation, shall furnish to the City Engineer and/or City
Attorney such resolutions, opinions of counsel, or evidence of
authority required to ensure that the Contractor, upon its
execution of this Agreement, shall be fully bound by its terms.
6. Contractor Representations. Contractor represents and
warrants that neither the execution and delivery of this
Agreement, consummation of the transactions contemplated hereby,
nor the fulfillment of or a compliance with the terms and
conditions of this Agreement is prevented or limited by, or in
conflict with or will result in breach of, the terms, conditions
or provisions of any restriction of Contractor, or evidence of
indebtedness, agreement or instrument of whatever nature to which
Contractor is now party or by which it is bound or will
constitute a default under any of the foregoing. Contractor
further represents and warrants that Contractor will cooperate
with the Owner with respect to any litigation commenced with
respect to the Work contem~lated herein. Contractor represents
and warrants that the Work w111 conform to all laws, regulations
and ordinances of all local, state and federal government
authorities.
7. Non-Discrimination. The prov1s1ons of Minnesota
Statutes, Section 181.59, and of Chapter 11, Title 1, of Prior
Lake City Code, which relate to civil rights and discrimination
and affirmative action shall be considered a part of this
Agreement as though wholly set forth herein, and Contractor
agrees to comply therewith. In addition, Contractor specifically
agrees:
a.
That with
conducted
A9reement,
w1thin the
subject to
respect to any and all
or acts performed pursuant
Contractor shall be deemed an
meaning of Chapter 11 and
the provisions of Chapter 11.
businesses
to this
employer
shall be
b. That in the event Contractor fails to perform the
aforesaid contractual provisions of Chapter 11,
this Agreement may forthwith be terminated and
cancelled in whole or in part by Owner and
Contractor shall be liable for any costs or expense
incurred by Owner in obtaining from other sources
the Work and services to be rendered or ~erformed
or the goods or properties to be furn1shed or
delivered to Owner under this Agreement so
terminated or cancelled.
c. That should Owner in a proceeding brought as
provided in Chapter 11 find that Contractor has
engaged in discrimination in connection with this
Agreement and issue a cease and desist order with
respect thereto, Owner shall uphold up to 15% of
the said contract price, if applicable, until such
time as Owner's order has been complied with or
said other contracting party has been adjudicated
not guilty of such discrimination.
d. That Contractor will permit access to any and all
records pertaining to hiring and employment and to
other pertinent data and records for the purpose of
enablin9 Owner, its agencies or re~resentatives, to
ascerta1n compliance with the prov1sions of Chapter
11 applicable to Contractor.
8.
That Chapter 11 shall be binding on
contractors, subcontractors, or suppliers.
Assirnment. Contractor represents and agrees for
itse f, its successors and assigns that Contractor has
not made or created and that it will not make or create
or suffer to be made or created any total or partial
sale, assignment, conveyance or any trust or power to
transfer in any other mode or form of or with respect to
this Agreement or any part thereof or interest therein
or in Contractor without the prior written approval of
Owner.
all
e.
9. General.
The terms and provisions hereof shall be
upon and inure to the benefit of the
representatives, successors and assigns
parties hereto.
b. Whenever in this A9reement it shall be required or
permitted that not1ce or demand be given or served
by either party to this Agreement to or on the
other party, such notice shall be delivered
personally or mailed by United States mail to the
addresses hereinafter set forth by certified mail
(return receipt requested). Such notice or demand
shall be deemed timely ~iven when delivered
personally or when depos1ted in the mail in
accordance with the above. The address of the
parties hereto are as follows, until changed by
notice given as above:
a.
binding
heirs,
of the
If to the Owner:
City Engineer
4629 Dakota Street S.E.
Prior Lake, MN. 55372
With a copy to:
Glenn R. Kessel, Esq.
Lommen, Nelson, Cole, & Stageberg, P.A.
1100 TCF Tower
Minneapolis, MN. 55402
If to Contractor:
With a copy to:
c. Except as otherwise provided in this Agreement, the
rights and remedies of the parties to this
Agreement, whether provided by law or bf this
A~reement shall be cumulative, and the exerC1se by
e~ther party of anyone or more of such remedies
shall not preclude the exercise by it, at the same
or different times, of any other such remedies for
the same default or breach or of any of its
remedies for any other default or breach or of any
of its remedies for any other default or breach by
the other party. No waiver made by either such
party with respect to the performance, or manner of
time thereof, or any obligation under this
A~reement shall be considered a waiver of any
r1ghts of the party making the waiver with respect
to the particular obligation of the other party or
condition to its own obligation beyond those
expressly waived in writing and to the extent
thereof, or a waiver in any respect in re9ard to
any other rights of the party making the walver of
any other obligation of the other party. Delay by
a party hereto in instituting or prosecuting any
cause of action or claim hereunder shall not be
deemed a waiver of any rights hereunder.
d. This Agreement may be amended by the parties hereto
only by written instrument executed in accordance
with the same procedures and formality followed for
the execution of this Agreement.
e.
This Agreement may be simultaneously executed
several counterparts, each of which shall be
original and all of which shall constitute one
the same instrument.
in
an
and
IN WITNESS WHEREOF, Owner and Contractor have caused
this Agreement to be duly executed on the day and year
first above written.
Approved by the City Council
, 19___
on the
day
of
CITY OF PRIOR LAKE
By
Its Mayor
By
Its City Manager
CONTRACTOR:
By
Its
By
Its
Approved as to form:
BID TABULATION
FOR
STREET IMPROVEMENT
STORM SEWER, GRADING
AGGREGATE BASE, CONCRETE CURB AND GUTTER
BITUMINOUS SURFACING, SIDEWALK, BIKEWAY,.
LIGHTING AND APPURTENANT WORK
CITY OF PRIOR LAKE, MINNESOTA
PROJECT NO. 90-12
BIDS OPENED: JULY, 16, 1990 AT 10:00 A.M.
BID
CONTRACTOR SECURITY
BASE ALTERNATE TOTAL
BID BID BID
377,105.00 5,000.00 382,105.00
426,597.47* 2,000.00 428,597.47*
438,808.00 17,000.00 455,808.00*
1. BROWN & CRIS ** X
2. ALEXANDER CONS. X
3. MCNAMARA CONT. ** X
4.
5.
.:JY
'3 6'5 P'~/. 75'
'"
* DENOTES CORRECTED FIGURE
**ACKNOWLEDGED ADDENDA
I hereby certify that this is a
true and correct tabulation of
the bids as received on:
~ ~ )lfO
BY: -- --<e. ~
HERITAGE
1891
COMMUNITY
1991
V!TJ$.h/'
2qjt
RESOLUTION 90-34
RESOLUTION ACCEPTING BID FOR PROJECT NO. 90-12
MOTIONED BY
SECONDED BY
WHEREAS, ~ursuant to an advertisement for
1mprovement of the following streets:
1. Toronto Avenue from Tower Street to Trunk Highway
13.
bids
for
the
2. Realignment of Vine street and Tower street between
CSAH 23 and Toronto Avenue.
3. Realignment and extension of Duluth Avenue to the
new alignment of Tower street and Vine Street.
by the installation of storm sewer, grading, aggregate base,
concrete curb and gutter, bituminous surfacing, sidewalk,
bikeway, lighting, and appurtenant work; bids were received,
opened, and tabulated according to law, and the following bids
were received complying with the advertisement:
CONTRACTORS
TOTAL BID
$382,l05.00
$428,597.47
$455,808.00
Brown & Cris, Incorporated
Alexander Construction Company
McNamara Contracting Company, Inc.
AND WHEREAS, it appears that Brown & Cris, Incor~orated
of Lakeville, Minnesota is the lowest responsible b1dder.
NOW THEREFORE BE IT RESOLVED BY THE MAYOR AND CITY COUNCIL OF
PRIOR LAKE, MINNESOTA, that
1. The Mayor and City Manager are hereby authorized to enter
into the attached contract with Brown & Cris, Incorporated
of Lakeville, Minnesota in the name of the City of Prior
Lake for the improvement of the following streets contingent
upon Minnesota Department of Transportation state Aid Office
plan approval:
1. Toronto Avenue from Tower Street to Trunk Highway 13.
2. Realignment of Vine street and Tower Street between CSAH
23 and Toronto Avenue.
4629 Dakota St. S.E., Prior Lake, Minnesota 55372 / Ph. (612) 447-4230 / Fax (612) 447-4245
3. Realignment and extension of Duluth Avenue to the new
alignment of Tower street and Vine street.
by the installation of storm sewer, grading, aggregate base,
concrete curb and gutter, bituminous surfacing, sidewalk,
bikeway, lighting, and appurtenant work; according to the
plans and specifications therefore approved by the City
Council and on file in the office of the City Manager.
2. The City Manager is hereby authorized and directed to return
forthwith to all bidders the deposits made with their bids,
except that the deposits of the successful bidder and the
next two lowest bidders shall be retained until a contract
has been signed.
Passed and adopted this 16 th day of JUly, 1990.
YES
NO
Andren
Fitzgerald
Larson
Scott
White
Andren
Fitzgerald
Larson
Scott
White
{Seal}
David J. Unmacht
City Manager
City of Prior Lake
",.
SCOTT COUNTY
HIGHWAY DEPARTMENT
600 COUNTRY TRAIL EAST
JORDAN. MN 55352-9339 (612) 496-8346
FAX (612) 496-8365
RECEIVED
J~', 1 ~
BRADLEY J.LARSON
Highway Engineer
DANIEL M. JOBE
Asst. Highway Engineer - Design
DON D. PAULSON
Ass!. Highway Engineer - Construction
PRC1TY OF
lOR LAKE
MEMORANDUM
DATE:
July 11, 1990
TO:
Those On Attached Listing
Brad Larson ~-'
Scott County Highway Engineer~~
FROM:
SUBJECT:
Temporary Closure of Intersection of TH 13 and
CSAH 21 in Prior Lake
On Monday, July 23, 1990: the TH 13/CSAH 21 intersect:on
will be closed to through traffic in the Clty of Prior Lake.
Marked detours (attached map) will be prOVided as follows:
* Southbound and Northbound TH 13 traffic - Detour via
CSAH 44 and CSAH 39.
The temporary closure will be in effect approximately five
days.
BJL/kmg
An Equal Opporlu,rlity IAffU'"mctiv~ Actiora Employer
TH 13 Detour route
cc: Scott Count~
Board of Commissioners
County Administrator
Sheriff Department
Sherif:'s Dispatch
Emergency Management
Minnesota Dept. of Transnortation
Metro District Engineer - Wm. CraWford
Prior Lake School District No. 719
Superintendent
Transportation Director
Media
Shakopee Valley News, Editor
Prior Lake American, Editor
Jordan Independent, Editor
Radio Stations
KCHK
Munic ioal i tie~
City of Prior Lake
City Manager
City Engineer
Police Chief
Fire Chief
Ernerqencv SerVice
St. Francis Reg~ona:
Medical Center
Queen of Peace Hasp::
Transit
MTC
hM
M~nneapolis Offl:e
Burnsville Off~ce
STATE TRUNK HIGHWAY 13
DETOUR ROUTE
J.r
~
-t1l'
44
=-
LEGEND
> NORTHBOUND
SOUTHBOUND
ROAD CLOSED
<