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HomeMy WebLinkAbout8 - Lakefront Park Trails Bid Award I j AGENDA NUMBER PREPARED BY: SUBJECT: DATE: INTRODUCTION: BACKGROUND: DISCUSSION: HERITAGE 1891 COMMUNITY 1991 lOJSOj(' 2Q91 8 BRUCE LONEY, ASSISTANT CITY ENGINEER CONSIDER APPROVAL OF BID AWARD FOR PROJECT #91-14 (LAKEFRONT PARK TRAILS) AND RESOLUTION 91-37 SEPTEMBER 3, 1991 The purpose of this Agenda item =is or reject the bids received and to a contract for the construction #91-14. to accept enter into of Project the of is at the On August 5, 1991, the Council approved Advertisement for Bids for the improvement trails in Lakefront Park. The bid opening scheduled to be held on september 3, 1991 10:00 A.M. and this date is the same as Council Meeting date. It is Staff's intention to tabulate the bids and make a recommendation of award at the 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 91-37 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 an Alternate Bid for the various areas of work. The Base Bid is the work for the improvement of trails within Lakefront Park. The Alternate Bid is the work for the improvement of trails from Ridgemont Avenue to the Old Maintenance Shop driveway off Main Avenue. City Council on July 15, 1991, authorized a General Fund Balance transfer of $75,000.00 to construct trails for this year. The bids received will affect Staff's 4629 Dakota St. S.E., Prior Lake, Minnesota 55372 / Ph. (612) 447-4230 / Fax (612) 447-4245 ALTERNATIVES: RECOMMENDATION: BUDGET IMPACT: ACTION REQUIRED: recommendation on the amount of done with this year trails project. One of the City's objectives is to provide a trail connection from CSAH 21 to Lake front Park. The Alternate Bid will provide a trail from Ridgemont Avenue to the Old Maintenance Shop driveway. A connection to CSAH 21 can be made by extending the trail along the west side of Main Avenue from the Old Maintenance Shop driveway to Dakota Street. This trail improvement is included in the Downtown Improvement of Main street which is still in the Feasibility Study stage at this time. Depending on the bids received and the funds appropriated, it may be financially possible to add a Change Order for the extension of the trail along Main Avenue for the connection to CSAH 21. Council can discuss whether to install this segment of the trail with this Project 91-14 or with the Downtown Improvement Project or with next's years trail improvement project. work to be improvement The following is a list of the alternatives: 1. Approve Resolution 91-37 awarding the contract for Project #91-14 to the lowest responsible bidder. 2 . Do not approve Resolution 91-37 specific reasons. 3. Table this item for specific reasons. for The recommendation will be made at the Council meeting. This project will be paid ~rimarily through Park Dedication funds Wh1Ch includes a $75,000.00 General Fund balance transfer. Make a motion to approve Resolution 91-37. HERITAGE 1891 COMMUNITY 1991 18JSO, ~ ~ 2Q91 RESOLUTION 91-37 RESOLUTION ACCEPTING BID FOR PROJECT NO. 91-14 (LAKEFRONT PARK TRAILS) MOTIONED BY SECONDED BY WHEREAS, pursuant to an advertisement for bids for improvement of trails in Lakefront Park br construction of aggregate base, bituminous surfac1ng appurtenant work; bids were received, opened, tabulated according to the law, and the following were received complying with the advertisement: the the and and bids CONTRACTORS BASE BID TOTAL BID (BASE & ALTERNATE) PRIOR LAKE BLACKTOP, INC. $55,417.90 $69,690.25 GMH ASPHALT CORP. $62,256.00 $77,787.50 ALBER CONSTRUCTION, INC. $71,475.80 $89,035.00 AERO ASPHALT, INC. $80,471.00 $100,469.00 AND WHEREAS, it appears that of Prior Lake, Minnesota bidder. Prior Lake Blacktop, Inc. is the lowest responsible NOW THEREFORE BE IT RESOLVED BY THE MAYOR AND CITY COUNCIL OF PRIOR LAKE, MINNESOTA, that 1. The Mayor and City Manager are herebr authorized to enter into the attached contract w1th Prior Lake Blacktop ( Inc. in the name of the City of Prior Lake for the 1mprovement of trails in Lakefront Park by the construction of aggregate base, bituminous surfacing and appurtenant work according to the ~lans and specifications therefore approved by the C1ty council and on file in the office of the city Manager. 4629 Dakota St. S.E., Prior Lake, Minnesota 55372 / Ph. (612) 447-4230 / Fax (612) 447-4245 2. The City Manager is hereb~ authorized and directed to return forthw1th to all b1dders 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 , 1991. YES NO Andren Fitzgerald Larson Scott White Andren Fitzgerald Larson Scott White David J. Unmacht City Manager City of Prior Lake {Seal} DOCUMENT 00500 AGREEMENT THIS AGREEMENT, made as of the 3rd day of September 1991, by and between Prior Lake Blacktop, Inc. (name of contractor, i.e., name of corporation, partnership, all contracting individuals and their business name), a Minnesota Corporation (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 city of Prior Lake for Project 91-14, 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 October 1, 1991. 3. The Owner a9rees to pay Contractor in current funds for the performance of 1tS obligations pursuant to the Contract Documents the sum of sixt -nine thousand six hundred and ninet and 25/one-hundreds Dol ars ( 69,690.25 ), sub~ect to the additions and deductions as provided for in the spec1fications to the Contract Documents and to make payments on account of the Contract Documents as provided for in said specifications, except as hereinafter stated: The contract sum is based on the total of the Base Bid and the Alternate Bid Work Items. 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 ~rovisions as contained in the Contract Documents, are 1ncorporated herein by reference and are a part of this Agreement as if attached or re~eated herein. With respect to the drawings and specifications Wh1Ch 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: Proiect 91-14 Specifications all as contained in the Contract Documents. Drawings: Proiect 91-14, Plan Sheets 1 and 2, all as contained in the Contract Documents. 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 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 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 enab1in9 Owner, its agencies or re~resentatives, to ascerta1n compliance with the prov1sions of Chapter 11 applicable to Contractor. That Chapter 11 shall be binding on contractors, subcontractors, or suppliers. 8. Assiqnment. 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. e. all 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 9iven 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 Prior Lake Blacktop, Inc. 17116 Maple Lane Prior Lake, Minnesota 55372 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 br this Agreement shall be cumulative, and the exerC1se 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 re9ard to any other rights of the party making the wa1ver 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 ~arties hereto only by written instrument executed 1n 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: