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HomeMy WebLinkAbout8A - Fish Point Park Channel Stabilization Project 98-12 . ' CITY COUNCIL AGENDA REPORT <?S DATE: AGENDA #: PREPARED BY: REVIEWED BY: SUBJECT: SEPTEMBER 7,1999 8A LANOL LEICHTY, WATER RESOURCES ORDlNATOR GREG ILKKA, PUBLIC WORKS DIRECTOR! TV ENGINEER CONSIDER APPROVAL OF RESOLUTION 99- ACCEPTING BIDS AND AWARDING THE CONTRACT FOR FISH POINT PARK CHANNEL STABILIZATION, CITY PROJECT 98-12. DISCUSSION: HISTORY The purpose of this agenda item is to award the bid for the Fish Point Park Channel Stabilization, Project 98-12. This project was included in the 1998 Capital Improvement Program, but was delayed from construction last year because all rights-of-entry had not been obtained from the affected neighbors. CURRENT CIRCUMSTANCES All right-of-entry forms have since been signed and received from the affected property owners. Resolution 99-36 approving plans and specifications and authorizing advertisement for bids was approved by the City Council on May 3, 1999. Bids were received and opened on August 23, 1999. Four bidders submitted bids. The bids were somewhat higher than the engineer's estimate, but the low bid is reasonable for this type and scope of work. The bids have been checked and tabulated. The low bid was submitted by Sunram Construction Co., of Corcoran, MN in the amount of $92,290.00. This is above the Engineer's Estimate of $78,865.00. ISSUES This project was originally to be completed in 1998, but had to be delayed because of an affected property owner unwillingness to sign the right-of-entry at the time. The issues have since been worked out with the land owner. Several reasons for the project being bid higher than originally expected are as follows: 1) The water quality pond was enlarged over the original design which added more earthwork to the contract. This was done 16200 Eagle Creek Ave. S.E., Prior Lake, Minnesota 55372-1714 / Ph. (612) 447-4230 / Fax (612) 447-4245 AN EQUAL OPPORTUNITY EMPLOYER ..,.~ ,-, RECOMMENDED MOTION: A motion and second to adopt Resolution 99-XX. REVIEWED BY: REVIEWED BY: RESOLUTION 99-XX ACCEPTING BIDS AND AWARDING CONTRACT FOR FISH POINT PARK CHANNEL STABILIZATION (CITY PROJECT #98-12) MOTION BY: SECOND BY: WHEREAS, pursuant to an advertisement for bids for the Fish Point Park Channel Stabilization (98-12) which includes channel grading, pond excavation and appurtenant work; and WHEREAS, The following bids were received, opened, and tabulated according to law and the following bids were received complying with the advertisement: CONTRACTORS BASE BID Sunram Construction, Inc. CCS Contracting F. F. Jedlicki, Inc. Jay Brothers, Inc. $ 92,290.00 $ 115,960.00 $ 195,570.50 $ 196,076.00 WHEREAS, it appears that Sunram Construction, Inc. of Corcoran, Minnesota is the lowest responsible bidder. NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF PRIOR LAKE, MINNESOTA: 1. The Mayor and City Manager are hereby authorized to enter into a contract with Sunram Construction, Inc. of Corcoran, Minnesota in the name of the City of Prior Lake for the Fish Point Park Channel Stabilization (Project 99-13) in the amount of $92,290.00 with funds to be drawn from the Storm Water Utility Budget. 2. The City Manager is hereby authorized and directed to return to all bidders the deposits made with their bids once a contract has been signed. Passed and adopted this 7th day of September, 1999. YES NO Mader Mader Kedrowski Kedrowski Petersen Petersen Schenck Schenck Wuellner Wuellner 16200 Eagle Creek Ave. S.E., Prior Lake, Minnesota 55372-1714 / Ph. (612) 447-4230 / Fax (612) 447-4245 AN EQUAL OPPORTUNITY EMPLOYER {Seal} Frank Boyles City Manager City of Prior Lake r., ,",~-~.,",,,,-,, . .......~.. ~l - "'. ~ ""itHIIiIl.. .... . . :.", ,:, .~........" .-, CITY OF PRIOR LAKE STANDARD CONTRACT BETWEEN CITY AND CONTRACTOR FOR FIsH POINT PARK CHANNEL STABILIZATION PROJECT PROJECT No. 98-12 This Agreement made this 8th day of September, 1999, by and between the CITY OF PRIOR LAKE, a Minnesota municipal corporation (hereinafter the "City") and Sunram Construction, Inc., (hereinafter the "Contractor"). Purpose: To prevent sediment from entering Prior Lake and to stabilize the channel banks, approximately 1,300 Linear Feet of channel stabilization is to be performed. The project is known as City Project 98-12, Fish Point Park Channel Stabilization Project. THE CITY AND CONTRACTOR, FOR THE CONSIDERATION STATED BELOW, AGREE As FOLLOWS: 1. The Contractor agrees to perform and complete all the provisions of the specifications andlor plans indicated below in Paragraph 2, as approved by the City for City Project 98-12, Fish Point Park Channel Stabilization Project, at the following location: Between Fish Point Road and Forest Circle 2. Contract and Contract Documents. The following documents attached hereto shall be referred to as the "Contract Documents", all of which shall be taken together as a whole as the contract between the parties as if they were set out verbatim and in full herein: a. Project Manual and Special Conditions; c. Plans and Drawings for Project 98-12; d. Performance Bond and Payment Bond; e. Insurance Certificate(s); and f. This document. 3. The Proiect ("Work"). The Contractor shall perform all of the Work required by the Contract Documents for the sum of Ninety two thousand. two hundred ninetv and 00 1100 Dollars ($ _92.290.00~. 4. Time of Commencement and Substantial Completion. The Work to be performed under this Contract shall be commenced immediately after execution of this Agreement. The Work shall be completed by October 29. 1999. The contract period for this project is 47 consecutive calendar days. 60104.01A Construction Services A. Starting the Work. (1) The Contractor shall commence the Work in such a manner and at such a time as to expeditiously interface with the Work of other contractors, and shall pursue the Work diligently to completion. (2) The execution of this Agreement by both parties constitutes a Notice to Proceed with the Work, unless the City issues a separate Notice to Proceed designating a different starting time. The Contractor shall promptly provide timely performance according to the immediate progress requirements of the Work. (3) The Contractor shall commence the Work prior to the execution of this Agreement if a Letter of Intent containing a Notice to Proceed is issued by the City. (4) Upon receipt of a Notice to Proceed, the Contractor shall pursue and complete the Work without voluntary interruption for any reason, as long as the Work can be performed. The Contractor agrees that it shall continue the Work at all times the Work can be performed, at a pace consistent with good industry practice regardless of pending or current disputes in connection with the Contract Documents. B. Timely Performance. It is the City's intent to complete the Project as soon as possible, and in this pursuit, the City will coordinate the scheduling function. The Contractor agrees to cooperate in scheduling and performing the Work to achieve completion of the Project as soon as possible. 5. Contract Sum. The City shall pay the Contractor in current funds for the performance of the Work, subject to additions and deductions by Change Orders as provided in the Contract Document. 6. Final Pavment. Final payment, constituting the entire unpaid balance of the Contract Sum, shall be paid by the City to the Contractor when the Work has been completed, the Contract fully performed, and the City accepts the Work. The acceptance of fmal payment shall constitute a waiver of all claims by the Contractor except those previously made in writing and identified by the Contractor as unsettled at the time of Application for Final Payment. 7. Peiformance and Pavment Bonds. If this is a project for the doing of public work, the Contractor shall post a Performance and a Payment Bond each in an amount equal to one hundred percent (100%) of the payments due Contractor to insure the prompt and faithful performance of this Contract by Contractor and to insure prompt payment to the subcontractors and suppliers of the Contractor. The Bonds shall be in a form approved by the City. Contractor shall provide the Bond to the City before commencing work and within ten (10) days after execution of this Contract. If the Performance and/or Payment Bond are not submitted as provided herein, this Contract shall be considered void. 60104. 01A Construction Services .!~.. .~",:..t~"':,p> J;ll'" .~ .J1"-;&' .~. .~,.',." ~.,.~.. "lI';" ~. ,i~,,;":-!,;"bllt"~_..., ... -. m 8. Insurance and Indemnification. A. The Contractor shall purchase and maintain insurance to protect itself from claims under the Worker's Compensation Act. B. The Contractor shall purchase and maintain insurance to protect itself from claims for damages because of bodily injury including personal injury, sickness or disease, or death of any of its employees or any person other than its employees; and from claims for damages because of injury to or destruction of tangible property including loss of use resulting therefrom and from claims arising out of the performance of this Contract by the Contractor. The base limits of this policy shall be $1,000,000.00 combined single limit. C. Before the City executes this Contract, the Contractor shall provide the City with evidence of insurance in a form of a Certificate from the insurer naming all policies. The City shall be an additional named insured on the Contractor's insurance policy. The insurance policies shall contain a provision that they may not be canceled unless prior written notice thereof is given to the City not less than ten (10) business days prior to the cancellation date. D. The Contractor shall be responsible for initiating, maintaining and supervlsmg all safety precautions and programs in connection with the Work. The City shall not be responsible for or have control of safety precautions and programs in connection with the Work. E. Contractor provides the fmancial protection of the required insurance to benefit both City and Contractor. Providing and paying for the insurance is part of the consideration which Contractor offers City. The City does not represent or warrant that the types of limits of insurance specified in this Article adequately protect Contractor's interest or sufficiently cover Contractor's liability. F. The Contractor shall defend, hold harmless and indemnify the City, its officers, agents, and employees from and against any and all claims, demands, actions or causes of action (including court costs and reasonable attorneys' fees) of whatever nature of character arising from the Contractor's performance of the Work herein. 9. Warran(y. The Contractor expressly warrants and guarantees to the City that all Work performed and all materials furnished shall be in accord with the Contract Documents and shall be free from defects in materials, workmanship, and operation which appear within a period of one year, or within such longer period as may be prescribed by law or in the terms of the Contract Documents, from the date of City's acceptance of the Work. The City's rights under the Contractor's warranty are not the City's exclusive remedy. The City shall have all other remedies available under this Contract, at law or in equity . Should any defects develop in the materials, workmanship, or operation of the system within the specified period, upon notice from the City, the Contractor agrees, within fourteen (14) calendar days after receiving written notice and without expense to the City, to repair, replace and in general to perform all necessary corrective Work with regard to the defective or nonconforming Work or materials to the satisfaction of the City. THE FOREGOING SHALL NOT IN ANY 60104.0lA Construction Services MANNER LIMIT THE CITY'S REMEDY OR THE CONTRACTOR'S LIABILITY TO THOSE DEFECTS APPEARING WITHIN THE WARRANTY PERIOD. The Contractor agrees to perform the Work in a manner and at a time so as to minimize any damages sustained by the City and so as to not interfere with or in any way disrupt the operation so the City or the public. The corrective Work referred to above shall include without limitation, (a) the cost of removing the defective or nonconforming Work and materials from the site, (b) the cost of correcting all Work of other Contractors destroyed or damaged by defective or nonconforming Work and materials including the cost of removal of such damaged Work and materials from the site, and (c) the cost of correcting all damages to Work of other Contractors caused by the removal of the defective or nonconforming Work or materials. 10. Rights and Remedies. The duties and obligations imposed by the Contract Documents and the rights and remedies available thereunder shall be in addition to and not a limitation of any duties, obligations, rights, and remedies otherwise imposed or available by law. No action or failure to act by the City or the Contractor shall constitute a waiver of any right or duty afforded any of them under the Contract, nor shall any such action or failure to act constitute an approval of or acquiescence in any breach thereunder, except as may be specifically agreed in writing. 11. Notice., Required notices to the Contractor shall be in writing, and shall be either hand delivered to the Contractor, its employees or agents, or mailed to the Contractor by certified mail at the following address: Sunram Construction, Inc. 20010 75th Ave. N. Corcoran, MN 55340 Notices to the City shall be in writing and shall be either hand delivered to the City Manager or mailed to the City by certified mail in care of the City Manager at the following address: City of Prior Lake 16200 Eagle Creek Avenue SE Prior Lake, Minnesota 55372. 12. Condition and Inspection. All goods and other materials furnished under this Contract shall be new and in current manufacture, unless otherwise specified, and all goods and work shall be of good quality, free from faults and defects and in conformance with the Contract Documents. All goods and work not conforming to these requirements shall be considered defective. Goods shall be subject to inspection by the City. Defective goods or goods not in current manufacture may be returned to the Contractor at the Contractor's expense. Construction Services 60104.01A .: ';;I~k"r~.k" ..~~ .''''':i;~; ~",.'" . "iIti M;; ;,[.j;1u.i"'~'~'';:''liii''_'''''''''~'~ \;h_ , ,'. ~:_~"'I~S1.,";~ ,.;. ',~ a:.:. 13. Correction of Work. The Contractor shall promptly correct all Work rejected by the City as defective or as failing to conform to the Contract Documents whether observed before or after Substantial Completion of the Project and whether or not fabricated, installed or completed. The Contractor shall bear all costs of correcting such rejected Work. If, within one (1) year after the Date of Substantial Completion of the Project or designated portion thereof or within one (1) year after acceptance by the City of designated equipment, or within such longer period of time as may be prescribed by law or by the terms of any applicable special warranty required by the Contract Documents, any of the Work is found to be defective or not in accordance with the Contract Documents, the Contractor shall correct it promptly after receipt of a written notice from the City to do so unless the City has previously given the Contractor a written acceptance of such condition. This obligation shall survive both fInal payment for the Work or designated portion thereof and termination of the Contract. The City, shall give such notice promptly after discovery of the condition. 14. City's Right to Carry Out the Work. If the Contractor defaults or neglects to carry out the Work in accordance with the Contract Documents or fails to perform any provision of the Contract, the City may, after seven (7) days written notice to the Contractor and without prejudice to any other remedy the City may have, make good such deficiencies. In such case an appropriate Change Order shall be issued deducting from the payment then or thereafter due the Contractor the cost of correcting such deficiencies. If the payments then or thereafter due the Contract are not sufficient to cover such amount, the Contractor shall pay the difference to the City. 15. Change Orders. The Contract Sum may be changed only by written Change Order approved by the City Council. The cost or credit to the City resulting from a Change Order shall be determined in one of the following manners: (1) By mutual acceptance of a lump sum; or (2) by unit prices stated in the Contract Documents as subsequently agreed upon. 16. Unauthorized Work. Additional Work performed without authorization of a Change Order will not entitle Contractor to an increase in the Contract Price or an extension of the Contract Time. 17. Termination. If the Contractor persistently or repeatedly refuses or fails, except in cases for which extension of time is provided, to supply enough properly skilled workers or proper materials, or fails to made prompt payment to subcontractors or for materials or labor or persistently disregards laws, ordinances, rules, regulations or orders of any public authority having jurisdiction, or otherwise is guilty of a substantial violation of a provision of the Contract Documents, and fails within seven (7) days after receipt of written notice to commence and continue correction of such default, neglect or violation with diligence and promptness, the City may, without prejudice to any other remedy the City may have, terminate the employment of the Contractor and take possession of the site and of all materials, equipment, tools, construction equipment and machinery thereon owned by the Contractor and my finish the Work by whatever methods the City may deem expedient. In such case the Contractor shall not be entitled to receive any further payment until the Work is finished. 60104.01A Construction Services 18. Prompt Pavment to Subcontractors. The Contractor shall pay any subcontractor within ten (10) days of the Contractor's receipt of payment by the City for undisputed services provided by the Subcontractor. If the Contractor fails within that time to pay the subcontractor any undisputed amount for which the Contractor has received payment by the City, the Contractor shall pay interest to the subcontractor on the unpaid amount at the rate of one and one-half percent (1.5 %) per month or any part of a month. The minimum monthly interest penalty payment for an unpaid balance of $100.00 or more is $10.00. For an unpaid balance of less than $100.00, the Contractor shall pay the actual interest penalty due to the subcontractor. A subcontractor who prevails in a civil action to collect interest penalties from the Contractor shall be awarded its costs and disbursements, including attorney's fees, incurred in bringing the action. The Contractor shall, by an appropriate agreement with each subcontractor, require each subcontractor to make payments to his subcontractors in a similar manner. 19. Independent Contractor. At all times and for all purposes hereunder, the Contractor is an independent contractor, and not an employee of the City. 20. Affirmative Action Policv. All Contractors and subcontractors employed shall comply with all applicable provisions of all federal, state and municipal laws which prohibit discrimination in employment on the basis of race, color, religion, sex, marital status, national origin, ancestry, age, and physical or mental handicap and all rules and regulations, promulgated and adopted pursuant thereto. The Contractor will include a similar provisions in all subcontracts entered into for the performance of this contract. 21. Miscellaneous. A. This Contract shall become effective only upon its execution by both the City and the Contractor. This Contract shall not be modified, amended, rescinded, waived or terminated without the approval in writing of the City Council. B. The City shall be allowed to audit Contractor's books and records during regular business hours upon five (5) days written notice. C. This Agreement shall be governed by the laws of the State of Minnesota. D. That with respect to any and all businesses conducted or acts performed pursuant to this Agreement, the Contractor shall be deemed an employer. E. OPTION. That the Contractor agrees to pay prevailing wages as required by law. Construction Services 60104.01A -~~,_.-~ ......... "' ':""":~~!~ -:; 7'" _~f ~ ,- 'F.'--- IN WITNESS WHEREOF, the parties have entered into this Agreement as of the date and year hereinabove fIrst written. CITY OF PRIOR LAKE CONTRACTOR By: By: Wesley M. Mader, Mayor Its: By: Frank Boyles, City Manager STATE OF MINNESOTA ) (ss. COUNTY OF ) The foregoing instrument was acknowledged before me this day of , 19_, by Frank Boyles, City Manager of the City of Prior Lake, a Minnesota municipal corporation, on behalf of the corporation and pursuant to the authority granted by its City Council. Notary Public STATE OF MINNESOTA ) (ss. COUNTY OF ) The foregoing instrument was acknowledged before me this _ day of 19_, by , the of corporation, on its behalf, Contractor. a Notary Public This Instrument Drafted By: CAMPBELL KNUTSON Professional Association 1380 Corporate Center Curve Suite 317 Eagan, Minnesota 55121 SLP:MKB 60104.01A Construction Services