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Home My WebLink About6D - Bids for Bituminous Sealcoating of Streets Prj 93-15 DATE: 60 VERLYN 1. RAAEN, ENGINEERING TECHNICIAN CONSIDER APPROVAL OF RESOLUTION 93-73, AWARDING BID FOR PROJECf 93-15, BITUMINOUS SEALCOATING OF STREETS AUGUST 16, 1993 AGENDA NUMBER: PREPARED BY: SUBJECT: INTRODUCTION: The purpose of this Agenda itern is to accept or reject the bids received for Project 93-15. If the bids are acceptable, the City would enter into a contract for the construction of Project 93-15. BACKGROUND: On July 19, 1993, the City Council approved the Advertisement for Bids for the sealcoating of streets. A bid opening date was established for August 16, 1993, at 10:00 A.M. DISCUSSION: It is Staff's intention to tabulate the bids and rnake a recommendation of award at the August 16, 1993 meeting. Reference checks will be made on the low bidders prior to the meeting. Based on the reference checks and the bid submitted, a Contractor may be recommended for award of a contract. Staff will present a completed Resolution 93-73 for Council review at the meeting. ALTERNATIVES: The following is a list of the alternatives: 1. Approve Resolution 93-73 awarding the contract for Project 93-15 to the lowest responsible bidder. 2. Do not approve Resolution 93-73 for specific reason. 3. Table this item for specific reasons. RECOMMENDATION: The recommendation will be made at the Council Meeting and will depend upon the bids received. FINANCIAL IMPACT: Project 93-15 will be paid for by ad valorern tax funds. ACTION REQUffiED: Make a motion to approve or deny Resolution 93-73. AGEN6D.WRT 4629 Dakota 51. 5,E., Prior Lake, Minnesota 55372 / Ph. (612) 447-4230 / Fax (612) 447.4245 AN EQUAL OPPORTUNITY EMPLDYER 'RSmT.!.WRT: RESOLUTION 93-73 RESOLUTION ACCEPTING BID FOR PROJECT NO. 93-15, BITUMINOUS SEALCOATING OF STREETS MOTION BY: SECONDED BY: WHEREAS, pursuant to an advertisement for bids for the bituminous sealcoating of streets, bids were received, opened, and tabulated according to the law, and the following bids were received complying with the advertisement: CONTRACfOR BASE BID 1. $ AND WHEREAS, it appears that the lowest responsible bidder. of is NOW, THEREFORE, BE IT RESOLVED BY THE 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 bituminous sealcoating of streets; 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. 4629 Dakota 51. 5.E" Prior Lake, Minnesota 55372 / Ph. (612) 447.4230 / Fax (612) 447.4245 AN EQUAL OPPORTUNITY EMPLDYER Passed and adopted this 16th day of August, 1993. YES NO Andren Fitzgerald Kedrowski Scott White Andren Fitzgerald Kedrowski Scott White Frank Boyles City Manager City of Prior Lake { Seal} DOCUMENT 00500 AGREEMENT THIS AGREEMENT, made as of the day of , 19_, by and between (name of contractor, Le., name of 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 referred 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 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 as "Contract Documents", and to do everything required by the Contract Documents previously furnished 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 before , 19_. The Owner agrees to pay Contractor in current funds for the performance of its pursuant to the Contract Documents the sum of Dollars ($ ), subject to the additions and deductions as provided for in the specifications to the Contract Documents as provided for in said specifications, except as hereinafter stated: 3. obligations 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, are incorporated herein by reference and are a part of this Agreement as if attached or repeated Page 1 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 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. Assignment. 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. 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: 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. 1800 IDS Center 80 South Eighth Street Minneapolis, MN. 55402 Page 3 IN WITNESS WHEREOF, Owner and Contractor have caused this Agreement to be duly executed on the day and year frrst above written. Approved by the City Council on the _ day of ,19_. CITY OF PRIOR LAKE By Its Mayor By Its City Manager CONTRACTOR: By Its By Its Approved as to form: 931SAG.WRT Page 5