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HomeMy WebLinkAbout6A - Lime and Center Road DATE: 6A BRUCE LONEY, ASSISTANT CITY ENGINEER CONSIDER APPROVAL OF RESOLUTION 93-51, AWARDING BID FOR PROJECf 93-12 (LIME ROAD & CENTER ROAD) AND PROJECf 93-14 (poND ATHLETIC COMPLEX ROAD AND PARKING LOT PAVING) JULY 6,1993 AGENDA NUMBER: PREPARED BY: SUBJECT: INTRODUCTION: The purpose of this Agenda item is to accept or reject the bids received and to enter into a contract for the construction of Project 93-12 and 93-14. BACKGROUND: On June 7, 1993, the City Council approved the Advertisement for Bids for the improvement of Lime Road and Center Road (Project 93-12) and the improvement of the roads and parking lots in the Pond Athletic Complex (Project 93-14) for a bid opening on July 6. 1993 at 10:00 A.M. DISCUSSION: It is Staff's intention to tabulate the bids and make a recommendation of award at the July 6, 1993 meeting. The bids received will be checked and reference checks made on the low bidders prior to the meeting. Based on the reference check and the bid submitted, a Contractor will be recommended for award of a contract. Staff will present a completed Resolution 93-51 for Council review at the meeting. Staff will also discuss the options available to Council as to the amount of work that can be done based on the bids received. The plans prepared have a Bid Proposal which contain a Base Bid and three (3) Alternate Bids for the various areas of work. The Base Bid is the work for the street improvement on Lime Road from Spring Lake Road to the end terminus and Center Road from Northwood Road to Lime Road, and also the main road, soccer parking lot, and softball parking lot, paving improvement in the Pond Athletic Complex. Alternate Bid #1 is for the construction of a 12 foot wide bituminous road from the softball parking lot to past the proposed sediment basin being constructed as part of the Woodridge Estates 2nd Addition development. Included in this alternate is a drainage ditch for the road and parking lot drainage. 4629 Dakota 51. 5.E., Prior Lake, Minnesota 55372 / Ph. (612) 447-4230 / Fax (612) 447.4245 AN EQUAL OPPORTUNITY EMPlDYER Alternate Bid #2 is for the construction of a 22 foot wide bituminous road with concrete curb and gutter from the softball parking lot to past the proposed sediment basin. Either Alternative #1 or #2 needs to be included in the bid so that site drainage and handicap access from the softball parking lot are constructed. Alternate Bid #3 is for the construction of the bituminous trails within the park for pedestrians from the parking lots to walk to the ball fields. These trails are for handicap access and to provide a paved route for park users from the parking lots to the ballfields. At the June 7, 1993 Council Meeting, the direction from the Council was to place items in Alternates so that the Council can have the option of deleting work if necessary. Staff will make a presentation on the bids received and explain the various options available. ALTERNATIVES: The following is a list of the alternatives: 1. Approve Resolution 93-51 awarding the contract for Projects 93-12 & 93-14 to the lowest responsible bidder for the Base Bid or the Base Bid and Alternate Bid amounts. 2. Do not approve Resolution 93-51 for specific reasons. 3. Table this item for specific reasons. RECOMMENDATION: The recommendation will be made at the Council Meeting and will depend upon the bids received in detennining the amount of work to be done this year. FINANICAL IMPACT: Project 93-12 will be paid for by Special Assessments against the benefitting properties on Lime Road and Center Road. Project 93-14 will be paid for by ad valorem tax levy and was included in the 1993 General Obligation Improvement Bonds. ACTION REQUIRED: Make a motion to approve or deny Resolution 93-51. AGEN6C.WRT "RSg:J51" RESOLUTION 93-51 RESOLUTION ACCEPTING BID FOR PROJECT NO. 93-12, (LIME ROAD AND CENTER ROAD STREET IMPROVEMENT) AND PROJECT NO. 93-14, (pOND ATHLETIC COMPLEX ROAD AND PARKING LOT IMPROVEMENT) MOTION BY: SECONDED BY: WHEREAS, pursuant to an advertisement for bids for the improvement of Center Road from Northwood Road to Lime Road and Lime Road from Spring Lake Road to end terminus by the construction of storm sewer, aggregate base, concrete curb and gutter, bituminous surfacing and appurtenant work, and for the roadway and parking lot paving improvement in the Pond Athletic Complex by the construction of grading, aggregate base, 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: CONTRACTORS BASE BID TOTAL BID BASE & ALTERNATE NO.1 & 3 TOTAL BID BASE & ALTERNATE NO.2 & 3 AND WHEREAS, it appears that is the lowest responsible bidder. of 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 in the name of the City of Prior Lake for the improvement Center Road from Northwood Road 4629 Dakota 51. 5.E., Prior Lake, Minnesota 55372 / Ph. (612) 447-4230 / Fax (612) 447-4245 AN EQUAL OPPORTUNITY EMPlDYER to Lime Road and Lime Road from Spring Lake Road to end terminus by the construction of storm sewer, aggregate base, concrete curb and gutter, bituminous surfacing and appurtenant work, and for the roadway and parking lot paving improvement in the Pond Athletic Complex by the construction of grading, aggregate base, 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. 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 , 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 a (name of contractor, i.e., 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 herein. With respect to the drawings and specifications which are part of the Contract Documents, the Contractor 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. 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 contemplated herein. Contractor represents and warrants that the Work will conform to all laws, regulations and ordinances of all local, state and federal govemment authorities. 7. Non-Discrimination. The provisions of Minnesota Statutes, Section 181.59, and of Chapter II, 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 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. 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 performed or the goods or properties to be furnished or delivered to Owner under this Agreement so terminated or cancelled. Page 2 c. That should Owner in a proceeding brought as provided in Chapter 11 fmd 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 Of 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 selVed 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 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 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. Page 4 IN WITNESS WHEREOF, Owner and Contractor have caused this Agreement to be duly executed on the day and year rust 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: 9312AG.WRT Page 5