HomeMy WebLinkAbout6F - Bid Award for Prj. 93-13 and Prj. 93-06
DATE:
6F
LARRY J. ANDERSON, DIRECfOR OF PUBLIC WORKS
CONSIDER APPROVAL OF RESOLUTION 93-63, AWARDING
BID FOR PROJECT 93-13 (FOREST CIRCLE AND FOREST
OAKS FIRST ADDITION) AND PROJECf 93-06 (PIKE LAKE
TRAIL SANITARY SEWER EXTENSION)
AUGUST 16,1993
AGENDA NUMBER:
PREPARED BY:
SUBJECT:
INTRODUCTION:
The purpose of this Agenda item is to accept the bids received for
Project 93-06 and 93-13. If the bids are acceptable, the City would
enter into a contract for the construction of Project 93-06 and
93-13.
BACKGROUND:
On August 2, 1993, the City received one bid for the above
referenced projects, Staff requested that this item be tabled on
August 2, 1992 due to the bid being higher than the Engineer's
Estimate. This is due to a very wet year and contractors not
cornpleting other committed work.
DISCUSSION:
Two (2) separate projects are involved. Project #93-13, Forest
Oaks was bid at 31.5% over the Engineer's Estimate. The bid
amount was $134,622.00. The developer, Robert Paschke has
been in Russia and his representative, Ron Swanson has requested
that the project should proceed.
Staff did have the developer sign a Waiver and Release for
assessment of the project cost based upon the Engineer's Estimate.
A new Waiver and Release needs to be signed by the developer
based upon the bid received. Staff will try to have the waiver
signed prior to the meeting, and if this is not possible, award
should be contingent upon signing of the Waiver and Release.
Project #93-13, Pike Lake Trail, sanitary sewer extension was
14.2% over the Engineer's Estimate. The bid amount was
$52,165.00. The Holy Cross Lutheran Church has paid the Special
Assessrnents related to the project and had anticipated connection
to the sanitary sewer in October of 1993. One option would be to
rebid the project and have a holding tank for temporary service
with sewage pumping until the project is rebid. Completion would
not be until Spring of 1994. The cost of the holding tank, pumping
and rebidding would be about $4,000.00 compared to the bid being
$6,486.00 over the Engineer's Estimate. Staff believes that for the
4629 Dakota 51. 5,E" Prior Lake, Minnesota 55372 / Ph. (612) 447.4230 / Fax (612) 447.4245
AN EQUAL OPPORTUNITY EMPlDYER
cost difference, the project does not merit rebidding considering all
the factors.
ALTERNATIVES:
The following is a list of the alternatives:
1. Approve Resolution 93-63 awarding the contract for
Projects 93-06 and 93-13 to Ryan Contracting, Inc. in the
amount of $186,787 .O~
2. Do not approve Resolution 93-63 for specific reasons.
3, Table this item for specific reasons.
RECOMMENDATION: The recommendation is to approve Alternative #1.
FINANCIAL IMPACT: Project 93-13 will be paid for by Special Assessments against the
benefitting properties on Forest Circle and Forest Oaks First
Addition. Project 93-06 will be paid for with Trunk Reserve Funds
and the sewer lateral fees collected from the Holy Cross Lutheran
Church building project.
ACTION REQUffiED: Make a motion to approve Resolution 93-63. If the developer has
not signed a Waiver and Release for assessment, approval of
Resolution 93-63 should be contingent upon the signing of the
Waiver and Release by the developer.
AGEN6F.WRT
.RS9363"
RESOLUTION 93-63
RESOLUTION ACCEPTING BID FOR PROJECT NO. 93-13,
(FOREST CmCLE AND FOREST OAKS FmST ADDITION IMPROVEMENT)
AND PROJECT NO. 93-06, (PIKE LAKE TRAIL SANITARY SEWER
EXTENSION IMPROVEMENT)
MOTION BY:
SECONDED BY:
WHEREAS,
pursuant to an advertisement for bids for the improvement of Forest Circle
from Fish Point Road to end terminus and within Forest Oaks First
Addition by the construction of grading, sanitary sewer, watermain, storm
sewer, aggregate base, concrete curb and gutter, bituminous surfacing and
appurtenant work; and for the improvernent on Pike Lake Trail from
CSAH 42 approximately 700 feet south by the construction of sanitary
sewer and appurtenant work; bids were received, opened, and tabulated
according to the law, and the following bids were received complying with
the advertisernent:
CONTRACTOR
BASE
BID
1.
Ryan Contracting, Inc.
$ie6;18-1..fl&
2.
3.
AND WHEREAS, it appears that Ryan Contractine. Inc. of Burnsville. Minnesota is the
lowest responsible bidder.
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 &:an Contractine. Inc., of Burnsville. Minnesota in the name of the
City of Prior Lake for the improvement of Forest Circle from Fish Point Road to
end terminus and within Forest Oaks First Addition by the construction of
grading, sanitary sewer, watermain, storm sewer, aggregate base, concrete curb
and gutter, bituminous surfacing and appurtenant work; and for the improvernent
on Pike Lake Trail frorn CSAH 42 to approximately 700 feet south by the
4629 Dakota 51. 5.E., Prior Lake, Minnesota 55372 / Ph, (612) 447.4230 / Fax (612) 447.4245
AN EQUAL OPPORTUNITY EMPLDYER
construction of sanitary sewer 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 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
TInS AGREEMENT, made as of the day of . 19 93 ,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 "CONTRACTOR", and the City of Prior Lake,
a Minnesota municipal corporation (hereinafter called the "OWNER" and sometimes referred to as the
"Cityw.
RECITALS
WHEREAS, CONfRACTOR 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, CONfRACTOR has agreed to perform its obligations, covenants and undertaking
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, equiprnent, 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 Document previously furnished to the
CONTRACTOR by the OWNER and receipted for by the CONTRACfOR.
2. The CONTRACTOR agrees that the Work contemplated by the Contract Documents shall
be entirely completed with the exception of the bituminous wear course on or before October 15
19 93 and bituminous wear course placed by July 15. 1994
8
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 CONTRACfOR
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 herein. With respect to the
drawings and specifications which are part of the Contract Documents, the CONTRACI'OR and
OWNER agree that the following shall constitute a complete list of said drawings and specifications.
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. ~ONTRACTOR Renresentations, CONTRACTOR represents and warrants that neither
the execution and delivery of this Agreement, consurnmation 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 conternplated
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 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 cornply 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 11 and shall be subject to the provisions of Chapter 11.
9
b. This in the event CONrRACTOR 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 performed or the goods or properties to be
furnished 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 Agreernent
and issue a cease and desist order with respect thereto, OWNER shall uphold up
to 15 % of said contract price, if applicable, until such time as OWNER I 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. Assi~ent, CONTRACTOR represents and agrees for itself, its successors and assigns
that CONTRACTOR has not made or created and that it will not rnake 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 insure 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 give as above:
If to the OWNER:
City Engineer
4629 Dakota Street S.E.
Prior Lake, MN 55372
10
With a copy to:
Glenn R. Kessel, Esq.
LOMMEN, NELSON, COLE & STAGEBERG, P.A.
1800 IDS Center
80 South Eighth Street
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 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 any other default or breach
by the other party. No waiver made by either such party with respect to the
performance, or rnanner of time thereof, or any obligation under this Agreernent
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 is 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
deerned a waiver of any rights hereunder.
d. 'This Agreernent 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 Agreernent may be sirnultaneously executed in several counterparts, each of
which shall be an original and all of which shall constitute one and the same
instrument.
11
IN WITNESS WHEREOF, OWNER and CONTRAcrOR 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
CONTRACTOR:
BY
Its
BY
Its
Approved as to form:
12
'"
FOREST OAKS FIRST ADDITION
DETERMINE AMOUNT FOR WAIVER & RELEASE:
Construction Bid Amount
Storm. Sewer Amount
Engineering Cost:
6% Administration
5% Bonding
3% Contingency
Overhead
$35,000.00/$134,622.00
Storm. Sewer Cost wfOverhead
$26,318.00 (1.26) =
Project Cost
134,622.00 (1.26) =
Minus Storm. Sewer
Minus Resident Assessment
AMOUNT OF ASSESSMENT
$134,622.00
$ 26,318.00
$ 16,000.00
8,000.00
7,000.00
4,000.00
$ 35,000.00
26%
$ 33,160.00
$169,622.00
$ 33.160.00
$136,462.00
$ 6.000.00
$130,462.00
$130,462.00