HomeMy WebLinkAbout3C - Project 90-13
CONSENT AGENDA:
PREPARED BY:
SUBJECT:
DATE:
INTRODUCTION:
BACKGROUND:
DISCUSSION:
ALTERNATIVES:
HERITAGE
1891
COMMUNITY
1991
CUTJSf)~N'
20Jl
3 (c)
BRUCE LONEY, ASSISTANT CITY ENGINEER
CONSIDER APPROVAL OF BID AWARD FOR PROJECT
#90-13 AND RESOLUTION 90-39
AUGUST 6, 1990
The purpose of this Agenda item is
or reject the bids received and to
a contract for the construction
#90-l3.
to accept
enter into
of Project
On Jul~ 2, 1990, the Council approved the
Advert1sement for Bids for the North Shore
Oaks sanitary sewer, watermain, storm sewer,
and street improvement. The bid opening was
held on July 30, 1990 at lO:OO A.M. The
ap~arent low bidder for this project is CECA
Ut1lities, Inc. of Burnsville, Minnesota with
a low bid of $318,890.05. The engineer on
this project is Rieke, Carroll, Muller
Associates, Inc. (RCM) and their estimate for
this project was $342,559.00. The low bid
received is approximately seven (7) percent
lower than the Engineer'S Estimate. The
Feasibility Report had an estimated
construction cost of $354,080.00 for this
project. This is a positive bid and should
be reflected in lower assessment rates at the
time of the assessment hearing this fall.
RCM's engineer on the pro~ect has made a
reference check on the low b1dder. Based on
the reference check and since the bid
submitted is approximately seven (7%) ~ercent
lower than the Engineer'S Estimate, it 1S the
recommendation to accept the bid of CECA
Utilities, Inc.
The following is a list of the alternatives:
l. Approve Resolution 90-39 awarding the
contract for Project #90-13 to CECA
Utilities, Inc. of Burnsville, Minnesota.
4629 Dakota St. S.E., Prior Lake, Minnesota 55372 / Ph. (612) 447-4230 / Fax (612) 447-4245
RECOMMENDATION:
BUDGET IMPACT:
ACTION REQUIRED:
Do not approve Resolution 90-39
specific reasons.
3. Table this item for specific reasons.
for
2.
The recommendation is to accept the bid of
CECA Utilities, Inc.
This project will be paid through Special
Assessments and the Trunk Reserve Fund.
Make a motion, as part of the Consent Agenda,
to approve Resolution 90-39.
HERITAGE
1891
COMMUNITY
1991
VTJ$%
2Q91
RESOLUTION 90-39
RESOLUTION ACCEPTING BID FOR PROJECT NO. 90-13 (NORTH SHORE OAKS)
MOTIONED BY
SECONDED BY
WHEREAS, pursuant to an advertisement
improvement of the following:
1. Hampton Street from Ferndale Avenue to Fisher Avenue,
Ash Circle within the Third Addition to North Shore
Oaks, and Ferndale Avenue from the south plat line of
the Third Addition to North Shore Oaks to the north plat
line of the Second Addition to North Shore Oaks by the
installation of sanitary sewer, watermain, storm sewer,
concrete curb and gutter, bituminous surfacing, and
appurtenant work; bids were received, opened, and
tabulated according to the law, and the following bids
were received complying with the advertisement:
for
bids
for
the
CONTRACTORS
TOTAL BID
$318,890.05
$326,247.30
$331,187.00
$342,609.50
$365,810.50
$379,345.00
CECA Utilities, Inc.
Brown & Cris, Inc.
Widmer, Inc.
Northdale Construction Company, Inc.
Barbarossa & Sons, Inc.
Richard Knutson, Inc.
AND WHEREAS, it ap~ears that
of Burnsville, M1nnesota
bidder.
CECA utilities, Inc.
is the lowest responsible
NOW THEREFORE BE IT RESOLVED BY THE MAYOR AND CITY COUNCIL OF
PRIOR LAKE, MINNESOTA, that
1.
The Mafor and City Manager are
enter 1nto the attached contract
Inc. in the name of the City of
ImProvement of the following:
hereby authorized to
with CECA utilities,
Prior Lake for the
4629 Dakota St. S.E., Prior Lake, Minnesota 55372 / Ph. (612) 447-4230 / Fax (612) 447-4245
a. Hampton street from Ferndale Avenue to Fisher
Avenue, Ash Circle within the Third Addition to
North Shore Oaks, and Ferndale Avenue from the
south plat line of the Third Addition to North
Shore Oaks to the north plat line of the Second
Addition to North Shore Oaks by the installation of
sanitary sewer, watermain, storm sewer, concrete
curb and gutter, bituminous surfacing, 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.
b. 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
\
\
,
RCM 10078.01
AGREEMENT
THIS AGREEMENT, made as of the day of , 1990, by and
between a (name of contractor, Le., name oC
corporation, partnership. all contracting individuals and their business name), a
(name of state where incorporated or formed and whether a
corporation, Minnesota general partnership, etc..), hereinafter called the .Contractor", and
the City of Prior Lake, a Minnesota municipal corporation (hereinafter called the "Owner"
and sometimes reCerred to as the "City").
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 hereinaCter set Corth, 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, speciCications,
exhibits, conditions, covenants and agreements as contained in the documents prepared by
for Project , collectively referred to as
"Contract Documents", and to do everything required by the Contract Documents previously
Curnished to the Contractor by the Owner and receipted for by the Contractor.
2. The Contractor agrees that the Work contemplated by the Contract
Documents shall be entirely completed on or beCore , 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 ($ ). subject to the additions and
deductions Dollars ($ ), subject to the additions and deductions as
provided for in the specifications to the Contract Documents and to make payments on
account of the Contract Documents as provided for in said specifications, except as
hereinafter stated:
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 conditions, special provisions, standard utility specifications, if any,
and Contractor bids, and such other provisions as contained in the Contract Documents, arc
incorporated herein by reference and arc a part of this Agreement as if attached or
repeated herein. With respect to the drawings and specifications which are part of the
00500-1
RCM 10078.01
Contract Documents, the Contractor and Owner agree that the fOllowing shall constitute a
complete list of said drawings and specifications:
Specirlca tions:
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 Reoresentations. 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 contemplated herein. Contractor
represents and warrants that the Work will conform to all laws, regulations and ordinances
of all local, state and federal government authorities.
7. Non-Discrimination. The provisions of Minnesota Statutes, Section 181.59,
and of Chapter 11, Title I, 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 respect to any and all businesses conducted or acts
performed pursuant to this Agreement, Contractor shall be deemed an
employer within the meaning of Chapter II and shall be subject to the
provisions of Chapter II.
b. That in the event Contractor fails to perform the aforesaid contractual
provisions of Chapter II, this Agreement may forthwith be terminated
and canceled 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 performed or the
goods or properties to be furnished or delivered to Owner under this
Agreement so terminated or canceled.
c. That should Owner in a proceeding brought as provided in Chapter II
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,
00500- 2
RCM 10078.01
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 enabling Owner. its agencies or representatives. to ascertain
compliance with the provisions of Chapter 11 applicable to Contractor.
e. That Chapter 11 shall be binding on all contractors. subcontractors. or
suppliers.
8. Assianment. Contractor represents and agrees for itself. 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.
9. General.
If to the Owner:
Wi th a copy to:
If to Contractor:
a.
The terms and provisions hereof shall be binding upon and inure to
the benefit of the heirs. representatives. successors and assigns of the
parties hereto.
b.
Whenever in this Agreement it shall be required or permitted that
notice 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 given when delivered personally or when deposited
in the mail in accordance with the above. The address of the parties
hereto are as follows. until changed by notice given as above:
City Engineer
4629 Dakota Street S.E.
Prior Lake. MN 55372
Glenn R. Kessel. Esq.
Lommen. Nelson. Cole &: Stageberg, P.A.
1100 TCF Tower
Minneapolis, MN 55402
00500-3
RCM 10078.01
Wi th 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
by this Agreement shall be cumulative, and the exercise by either
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 the same
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 Agreement shall be considered a waiver of any
rights 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 regard to any other rights of the party
making the waiver 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 in several
counterparts, each of which shall be an original and all of which shall
constitute one and the same instrument.
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 on the
day of
,19_.
CITY OF PRIOR LAKE
By
Its Mayor
By
Its City Manager
00500-4
ReM 10078.01
Approved as to form:
00500-5
CONTRACTOR
By
By
Its
Its