HomeMy WebLinkAbout9B - Award Bid 2003 Imp. Projec
CITY COUNCIL AGENDA REPORT
DATE:
AGENDA #:
PREPARED BY:
REVIEWED BY:
SUBJECT:
May 19, 2003
9B
LARRY POPPLER, ASSISTANT CITY ENGINEER
SUE MCDERMOTT, CITY ENGINEER
CONSIDER APPROVAL OF TWO RESOLUTIONS 1)
ACCEPTING BIDS AND AWARDING THE CONTRACT FOR
STREET AND UTILITY CONSTRUCTION FOR THE 2003
IMPROVEMENT PROJECT #03-11 AND 2) AUTHORIZING
MCCOMBS FRANK ROOS ASSOCIATES, INC. TO PROVIDE
CONSTRUCTION SURVEYING FOR PROJECT #03-11.
DISCUSSION:
HISTORY
City Project #03-11 includes proposed street and utility
reconstruction improvements to Condons Street, Hope Street,
Mitchell Circle, and 150lh Street (Project #03-11). The City
Council held a Public Hearing for these improvements on
February 18, 2003. The project was in the approved 2003 Capital
Improvements Program and on April 7, 2003 the Council
approved plans and specifications and authorized the
Advertisement for Bids for the project. The purpose of this agenda
item is to accept the bids and award a contract to the lowest
responsible bidder.
In addition, staff is requesting that the council authorize the Mayor
and City Manager to enter into the City's standard professional
services contract with McCombs Frank Roos Associates, Inc.
(MFRA) to complete construction surveying for the project.
CURRENT CIRCUMSTANCES
(1) Construction
Bids were received and opened on May 12, 2003. Four bidders
submitted bids. The bids have been checked and tabulated. The
low bid was submitted by McNamara Contracting; Inc from
Rosemount, MN in the amount of $2,071,104.86. The bid was
below the Engineer's Estimate of $2,112,394. The summary is as
follows:
CONTRACTORS
McNamara Contracting, Inc.
Sarbarossa & Sons Inc.
Ryan Contracting Co.
Three Rivers Construction
BID AMOUNT
$2,071,104.86
$2,235,901.60
$2,287,049.97
$2,368,342.95
16200 Eagle Creek Ave. S.E., Prior Lake, Minnesota 55372-1714 / Ph. (952) 447-4230 / Fax (952) 447-4245
G:\Agenda\Agenda03\03A W ARD.DOC AN EQUAL OPPOhUNITY EMPLOYER
McNamara Contracting Inc. is a responsible contractor and
completed the City's 1997 Improvements (Mushtown Road, Pike
Lake Trail, and Fish Point Road). The staff recommends that the
City Council award the contract to McNamara Contracting Inc. as
the lowest responsible bidder.
The project is to be paid for from a number of funding sources
including assessments, tax levy, Enterprise Fund, Collector Street
Fund, Water Quality Fund, and Trunk Reserve Fund. The street
construction and storm sewer are to be paid from assessments
(40%) and tax levy (60%), The Trunk Reserve fund is to pay for
part of the trunk storm sewer, The Water Quality fund is to pay for
part of the trunk storm sewer, The Collector Street fund is to pay
for the 9 ton street design oversizing and the sidewalks, The
Sewer and Water Enterprise funds are to pay for all watermain
and sanitary sewer main replacement. The tables below show the
funding sources for the project:
CITY PROJECT #03-11
RECONSTRUCTION - CONDONS ST.
HOPE ST. & MITCHELL CIR
I Total Bid Amount I $1,057,338.821
Items Paid from Enterprise Fund:
Water Main Improvements $216,720.10
Sanitary Sewer Improvements $268,409.22
Net Construction Cost Basis for Assess. Determination $572,209.50
Plus 26% Admin., Finance, Eng., $148,774.47
Total Proiect Cost for Assessment Determination $720,983.97
Assessment Amount (40%) $288,393.59
Assessment Amount (100%) $720,983.97
Actual Total Assessment Amount $328,448.18
Total Levy Amount $392,535.79
Proposed Unit Rate ($288,393.59/54 Units (49 Units $5,340.62
Total))
100 % Proposed Unit Rate ($720,983.97/54 Units (5 $13,351.56
Units Total))
Feasibility Report Estimated Assessment $5,209.07
100% Feasibility Report Estimated Assessment $13,022.67
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2
CITY PROJECT #03-11
RECONSTRUCTION _150TH ST
1 Total Bid Amount I $1,013,766.041
Items Paid from Trunk Reserve Fund:
Trunk Storm Sewer $65,355.76
Items Paid from Enterprise Fund:
Water Main Improvements $62,087.55
Sanitary Sewer Improvements $39,167.90
Items Paid from Water Quality Fund:
Trunk Storm Sewer $80,000.00
Items Paid from the Collector Street Fund
9 Ton Street Design $56,206.10
Sidewalks $44,405.00
Net Construction Cost Basis for Assess. Determination $666,543.73
Plus 26% Admin., Finance, Eng., $173,301.37
Total Project Cost for Assessment Determination $839,845.10
Assessment Amount (40%) $335,938.04
Actual Total Assessement $264,874.35
Levy Amount (60%) $503,907.06
Actual Total Levy Amount $574,970.75
Proposed Unit Rate ($335,938.04/52* Units(41 Units $6,460.35
Total))
Feasibility Report Estimated Assessment $6,873.31
* 11 Additional units were assigned to the unit method and not
charged the project assessment. The 11 units represent un-
assessable parcels along 150th st.
FUNDING SOURCES
I FUNDING TOTAL
I Tax Levy $967,506.54
1 Assessments $593,322.53
1 Water Quality Fund $80,000.00
1 Enterprise Fund $586,384.77
1 Trunk Reserve $65,355.76
I Collector Street Fund $100,611.10
1 Total Construction Cost* $2,393,180.70
* Includes 26% for Admin, Finance, and Engineering
The Special Assessment Committee has recommended that the
project be assessed on a unit basis.
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3
Con dons Sf. Hope Sf. and Mitchell Cir
Using the above breakdown in funding sources, the proposed
assessments for the project amount to $5,340.62 per unit for
Condons St, Hope St, and Mitchell Cir. This is a 2.5% increase
from the assessment estimate of $5,209.07 per unit reviewed by
the Council at its February 18, 2003 meeting. The proposed
assessments for the parcels assessed at the 100% rate is
$13,351.56. The assessment estimate was $13,022.67. The
increase in the assessment rate was due to increases in the
quantities from the feasibility report to the final quantity estimate.
The increases are in various categories including driveway
restoration, trail, retaining wall, and sodding. Most of the quantity
increases relate to additional sanitary sewer replacement.
15dh Street
Using the above breakdown in funding sources, the proposed
assessments for the project amount to $6,460.35 per unit for 150th
Street. This is a 6% decrease from the assessment estimate of
approximately $6,873.31 per unit reviewed by the Council at its
February 18, 2003 meeting. The quantities did not change. The
cost per unit in various areas did go down.
(2) Survevina I Professional Services
Although City staff will be providing construction observation, it will
be necessary to hire an engineering consulting firm to complete
the construction surveying as has been done in the past. These
costs have been incorporated into the total project amount. Staff
requested a proposal for construction surveying from MFRA.
MFRA has performed the construction surveying for the past 2
years on City reconstruction projects. Staff has had a very good
working relationship with MFRA and would like to use them for the
2003 reconstruction project.
Based on the not-to-exceed amount, staff recommends that
MFRA provide construction surveying services. The amount of
$39,800 equates to approximately 1.7% of the construction cost
which is very reasonable for a project of this size and consistent
with the price paid in previous years. We believe the MFRA
proposal to be realistic as they completed the 2001 & 2002
Improvement Projects within the proposed budget.
ISSUES
The special assessment hearing will be held in October. The
Assessment Hearing is the appropriate time for the City Council to
address the assessment method.
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4
CONCLUSIONS
Staff recommends that the Council award the following contracts:
(1) 2003 Improvement Project to McNamara Contracting Inc.
(2) 2003 Project Construction Surveying to MFRA.
ALTERNATIVES:
There are three alternatives for the City Council to consider:
1. Approve two resolutions (1) accepting bids and awarding the
contract for Project 03-11 2003 Improvements to the lowest
responsible bidder, McNamara Contracting Inc. for the bid
amount of $2,071,104.86 and authorizing the Mayor and City
Manager to execute the City's standardized contract for the
construction project and (2) authorizing the Mayor and City
Manager to execute the City's Standard contract for
professional services with MFRA, Inc. in the amount not to
exceed $39,800.
2. Deny this item for a specific reason and provide staff with
direction.
3. Table this item until some date in the future.
RECOMMENDED
MOTION:
A motion and second to adopt resolutions (1) accepting bids and
awarding the contracts for 2003 Improvement Project 03-11 to
McNamara Contracting Inc. and (2) executing the City's Standard
Contract for professional services with MFRA, Inc.
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5
RESOLUTION 03-xx
ACCEPTING BIDS AND AWARDING CONTRACT
FOR 2003 IMPROVEMENT PROJECT #03-11
MOTION BY:
SECOND BY:
WHEREAS, pursuant to an advertisement for bids for the 2003 Improvement Project including
Condons Street, Hope Street, Mitchell Circle, and 150th Street (City Project #03-11)
which includes sanitary sewer, water main, storm sewer, aggregate base, concrete curb
and gutter, bituminous pavement, turf restoration and appurtenant work; and
WHEREAS, four bids were received, opened, and tabulated according to law; and
WHEREAS, the following bids were received complying with the advertisement:
CONTRACTORS
McNamara Contracting Inc.
Barbarossa & Sons Inc.
Ryan Contracting Inc.
Three Rivers Construction
BID
$2,071,104.86
$2,235,901.60
$2,287,049.97
$2,368,342.95
WHEREAS, McNamara Contracting, Inc. of Rosemount, Minnesota is the lowest responsible bidder.
NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF PRIOR LAKE, MINNESOTA,
THAT:
1. The recitals set forth above are incorporated herein.
2. The Mayor and City Manager are hereby authorized to enter into the City's standard contract
with McNamara Contracting, Inc. of Rosemount, Minnesota in the name of the City of Prior
Lake for the 2003 Improvement Project (Project #03-11) in the amount of $2,071,104.86.
3. The City Manager is hereby authorized and directed to return to all bidders the deposits made
with their respective bids.
4. The staff report, incorporated herein as Exhibit 1, sets forth the funding sources.
Passed and adopted this 19th day of May 2003.
YES
NO
Haugen Haugen
Blomberg Blomberg
LeMair LeMair
Petersen Petersen
Zieska Zieska
{Seal}
Frank Boyles
City Manager
G:\Resolution\Reso103\A W ARD03.DOC
RESOLUTION 03-xx
RESOLUTION AUTHORIZING MFRA, INC. TO PROVIDE
CONSTRUCTION STAKING SERVICES FOR
2003 STREET IMPROVEMENT PROJECT (CITY PROJECT 03-11)
MOTION BY:
SECOND BY:
WHEREAS, the Council conducted a Public Hearing and approved Resolution 03-22,
ordering the 2003 Improvement Projects, and
WHEREAS, construction staking services are required on the project, and
WHEREAS, the City cannot cost effectively provide these services at its current staffing
level.
NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF PRIOR LAKE,
MINNESOTA,
1. The recitals set forth above are incorporated herein.
2. MFRA, Inc. is hereby authorized to provide Construction Staking Services for the 2003
improvement projects (Project #03-11) for a fee not to exceed the amount of $39,800.
3. Funding for these engineering services will be drawn from the Construction Fund
4. The Mayor and City Manager are authorized to execute the City's standard contract
for professional services on behalf of the City.
Passed and adopted this 19th day of May, 2003.
YES NO
HauQen HauQen
BlomberQ BlomberQ
LeMair LeMair
Petersen Petersen
Zieska Zieska
{Seal}
Frank Boyles
City Manager
City of Prior Lake
G :\Resolution\ResoI03\CONSTKmfra. DOC
STANDARD CONTRACT BETWEEN
THE CITY AND CONTRACTOR
THIS AGREEMENT made this 19th day of May, 2003, by and between the CITY OF PRIOR LAKE, a Minnesota
municipal corporation (hereinafter the "City') and McNamara Contractinq, Inc. (hereinafter the "Contractor).
Purpose: The City Council has determined that the City should construct sanitary sewer, watermain. storm sewer,
streets, and appurtenant work in the area of Condons Street. Hope Street. Mitchell Circle, and 150th Street (Proiect
#03-11) in accordance with the Plans and Specifications dated April. 2003. After completing the notification and
bidding process, the City Council has awarded bid to McNamara Contracting, Inc. by Resolution #03- ,subject to
entering into this contract.
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 and/or plans
indicated below in Paragraph 2, as approved by the City for City Proiect #03-11 in accordance with the
City's 2003 Improvement Proiect Plans and Specifications.
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 which are all on file in the office of the City Manager:
· The City's Advertisement for Bids dated April 14, 2003.
· Plans and Specifications
· Proposal submitted by Contractor and on file in the office of the City Manager of the City
· Performance Bond and Payment Bond
· Insurance Certificate(s); and
· This document
3. The Proiect ("Work'1. The Contractor shall perform all of the Work required by the Contract Documents
for the sum of $ two million, seventy-one thousand, one hundred, four, and 86/100 Dollars ($2,071,104.86).
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 substantially
completed by October 31,2003.
5.
a. Startinq 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 requirement of the Work.
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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 agreed 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. Timelv Performance. It is the City's intent to complete the Project as soon as possible. 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 Payment. 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 final 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. Performance and Payment Bonds. The Contractor shall post a Performance and 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 subcontractor 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 together with the executed contract document. If the
Performance and/or Payment Bond are not submitted as provided herein, this Contract shall be considered
void.
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 combines 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
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a provision that they may not be cancelled 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 supervising 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 financial 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. Warranty. 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 1 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 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 of 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 form 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.
The Contractor shall post bonds to secure the warranties.
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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 nor 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:
McNamara Contractinq, Inc.
5001160th Street W.
Rosemount. MN 55068-1304
Notices to the City shall be in writing and shall be either hand-delivered or mailed to the City by certified
mail at the following address:
Susan McDermott, City Engineer
City of Prior Lake
16200 Eagle Creek Avenue S.E.
Prior Lake, MN 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 hood 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 and testing by the City. Defective goods or goods not in current
manufacture may be returned to the Contractor at the Contractor's expense.
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
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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 Riaht 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 provisions 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 Contractor are not sufficient to cover such amount, the Contractor shall
pay the difference to the City.
15. Chanae 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. Any request for Change Order must be certified as true, correct
and accurate by the maker to avoid fraudulent requests.
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
make 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 Contractors and may 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.
18. Prompt Payment to Subcontractors. The Contractor shall pay any subcontractor within ten (10) days of
the Contractor's receipt of payment by the City of 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 attorneys' 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.
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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 provision 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, 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. The Contractor and City, together with their respective agents and employees, agree to abide by
the provisions of the Minnesota Data Practices Act, Minnesota Statutes Section 13, as amended, and
Minnesota Rules promulgated pursuant to Chapter 13.
d. This Agreement shall be governed by the laws of the State of Minnesota.
e. That with respect to any and all businesses conducted or acts performed pursuant to this
Agreement, the Contractor shall be deemed an employer.
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:
Jack G. Haugen, Mayor
By:
McNamara Contracting, Inc.
Its:
By:
Frank Boyles, City Manager
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STATE OF MINNESOTA )
)ss.
COU NTY OF SCOTT )
The foregoing instrument was acknowledged before me this day of , 20_, by
Jack G. Haugen and Frank Boyles, respectively the Mayor and 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 SCOTT )
The foregoing instrument was acknowledged before me this
the
day of
, 20_, by
of
, on
, a
behalf, Contractor.
Notary Public
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STANDARD AGREEMENT FOR PROFESSIONAL SERVICES
THIS AGREEMENT is made on the 19lh day of May, 2003, between the City of Prior Lake,
Minnesota (hereinafter "City"), whose business address is 16200 Eagle Creek Avenue S.E., Prior Lake,
MN 55372-1714, and McCombs, Frank, Roos Associates Inc. (MFRA), a Minnesota corporation
(hereinafter "Consultant") whose business address is 15053 23riJ Avenue North. Plymouth. MN 55447
PRELIMINARY STATEMENT
The City has adopted a policy regarding the selection and hiring of consultants to provide a variety of
professional services for City projects. That policy requires that persons, firms or corporations providing
such services enter into written agreements with the City. The purpose of this agreement is to set forth
the terms and conditions for professional services by Consultant for Construction Surveying Services for
2003 Improvement Project, City Project #03-11, Condons Street, Hope Street, Mitchell Circle, and 150th
Street hereinafter referred to as the "Work".
The City and Consultant agree as follows:
1. Scope of Work. The Consultant agrees to provide the professional services shown in Exhibit "A"
in connection with the Work.
2. Time for Performance of Services. The Consultant shall perform the services described in
Exhibit A within the following timeframe unless otherwise agreed upon in writing:
3. Compensation for Services. City agrees to pay the Consultant $39,800.00 for the services as
described in Paragraph 1 (and Exhibit A).
A. Any changes in the scope of the work which may result in the compensation due the
Consultant shall require prior written approval by an authorized representative of the City
or by the City Council. The City will not pay additional compensation for services that do
not have prior written authorization.
B. Special Consultants may be utilized by the Consultant when required by the complex or
specialized nature of the Project and when authorized in writing by the City.
C. City agrees to pay Consultant for extra services by the Consultant or Special Consultants
when authorized in writing by the City.
4. The City agrees to provide the Consultant with the complete information concerning the Scope of
the Work and to perform the following services:
A. Access to the Area. Depending on the nature of the Work, Consultant may from time to
time require access to public and private lands or property. As may be necessary the City
shall obtain access to and make all provisions for the Consultant to enter upon public and
private lands or property as required for the Consultant to perform such services
necessary to complete the Work.
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S. Consideration of the Consultant's Work. The City shall give thorough consideration to all
reports, sketches, estimates, drawings, and other documents presented by the Consultant,
and shall inform the Consultant of all decisions required of City within a reasonable time 50
as not to delay the work of the Consultant.
C. Standards. The City shall furnish the Consultant with a copy of any standard of criteria,
including but not limited to, design and construction standards they may require in the
preparation of the report for the Project.
D. Owner's Representative. A person shall be appointed to act as the City's representative
with respect to the work to be performed under this Agreement. He or she shall have
complete authority to transmit instructions, receive information, interpret, and define the
City's policy and decisions with respect to the services provided or materials, equipment,
elements and systems pertinent to the work covered by this Agreement.
5. Method of Payment. The Consultant shall submit to the City, on a monthly basis, itemized bills
for professional services performed under Section 4 of this Agreement. Bills submitted shall be
paid in the same manner as other claims made to the City.
A. ProQress Payment. For work reimbursed on an hourly basis, the Consultant shall indicate
for each employee, his or her name, job title, the number of hours worked, rate of pay for
each employee, a computation of amounts due for each employee, and the total amount
due for each project task. Consultant shall verify all statement submitted for payment in
compliance with Minnesota Statutes Sections 471.38 and 471.391. For reimbursable
expenses, if permitted in Exhibit A, the Consultant shall provide such documentation as
reasonably required by the City.
B. Abandoned or Suspended Work. If any work performed by the Consultant is abandoned
or suspended in whole or in part by the City, the Consultant shall be paid for any services
performed on account of it prior to receipt of written notice from the City of such
abandonment or suspension, all as shown on Exhibit A attached hereto and incorporated
herein by reference.
C. Payments for the Consultant's Reimbursable Costs. The Consultant shall be reimbursed
for the work of special consultants, as described in Section 3B, and for other items when
authorized in writing by the City. Such items shall include: transportation of principals and
employees on special trips to the Project or to other locations, materials and supplies, and
AutoCAD as required to expedite the work, and reproduction of reports.
7. Project Manager and Staffing. The Consultant has designated Henrv D. Nelson, Professional
Land Surv'syor to serve on the Project. They shall be assisted by other staff members as
necessary to facilitate the completion of the Project in accordance with the terms established
herein. Consultant may not remove or replace Henry D. Nelson from the Project without the
approval of the City.
8. Standard of Care. All Work performed pursuant to this Agreement shall be in accordance with
the standard of care in Scott County, Minnesota for professional services of the like kind..
9. Audit Disclosure. The Consultant shall allow the City or its duly authorized agents reasonable
access to such of the Consultant's books and records as are pertinent to all services provided
under this Agreement. Any reports, information, data, etc. given to, or prepared or assembled by,
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the Consultant under this Agreement which the City requests to be kept confidential shall not be
made available to any individual or organization without the City's prior written approval. All
finished or unfinished documents, data, studies, surveys, drawings, maps, models, photographs,
and reports prepared by the Consultant shall become the property of the City upon termination of
this Agreement, but Consultant may retain copies of such documents as records of the services
provided.
10. Term. The term of this Agreement shall be from May 19. 2003 through, Julv 1. 2004 the date of
signature by the parties notwithstanding. This Agreement may be extended upon the written
mutual consent of the parties for such additional period as they deem appropriate, and upon the
terms and conditions as herein stated.
11. Termination. This Agreement may be terminated by either party by seven (7) days' written notice
delivered to the other party at the address written above. Upon termination under this provision if
there is no fault of the Consultant, the Consultant shall be paid for services rendered and
reimbursable expenses until the effective date of termination. If however, the City terminates the
Agreement because of the Consultant has failed to perform in accordance with this Agreement,
no further payment shall be made to the Consultant, and the City may retain another contractor to
undertake or complete the work identified in Paragraph 1. If as a result, the City incurs total costs
for the work (including payments to both the present contractor and a future contractor) which
exceed a maximum Agreement amount, if any, specified under Paragraph 3, then the Consultant
shall be responsible for the difference between the cost actually incurred and the Agreement
amount.
12. Subcontractor. The Consultant shall not enter into subcontracts for services provided under this
Agreement except as noted in the Scope of Work, without the express written consent of the City.
The Consultant shall pay any subcontractor involved in the performance of this Agreement within
the ten (10) days of the Consultant's receipt of payment by the City for undisputed services
provided by the subcontractor. If the Consultant fails within that time to pay the subcontractor any
undisputed amount for which the Consultant has received payment by the City, the Consultant
shall pay interest to the subcontractor on the unpaid amount at the rate of 1.5 percent per month
or any part of a month. The minimum monthly interest penalty payment for an unpaid balance of
$100 or more is $10. For an unpaid balance of less than $100, the Consultant shall pay the actual
interest penalty due to the subcontractor. A subcontractor who prevails in a civil action to collect
interest penalties from the Consultant shall be awarded its costs and disbursements, including
attorney's fees, incurred in bringing the action.
13. Independent Consultant. At all times and for all purposes herein, the Consultant is an
independent contractor and not an employee of the City. No statement herein shall be construed
so as to find the Consultant an employee of the City.
14. Non-Discrimination. During the performance of this Agreement, the Consultant shall not
discriminate against any employee or applicants for employment because of race, color, creed,
religion, national origin, sex, marital status, status with regard to public assistance, disability, or
age. The Consultant shall post in places available to employees and applicants for employment,
notices setting forth the provision of this non-discrimination clause and stating that all qualified
applicants will receive consideration for employment. The Consultant shall incorporate the
foregoing requirements of this paragraph in all of its subcontracts for program work, and will
require all of its subcontractors for such work to incorporate such requirements in all subcontracts
for program work.
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15. Assignment. Neither party shall assign this Agreement, nor any interest arising herein, without
the written consent of the other party.
16. Services Not Provided For. No claim for services furnished by the Consultant not specifically
provided for herein shall be honored by the City.
17. Severability. The provisions of this Agreement are severable. If any portion hereof is, for any
reason, held by a court of competent jurisdiction to be contrary to law, such decision shall not
affect the remaining provisions of this Agreement.
18. Entire Agreement. The entire agreement of the parties is contained herein. This Agreement
supersedes all oral agreements and negotiations between the parties relating to the subject
matter hereof as well as any previous agreements presently in effect between the parties relating
to the subject matter hereof. Any alterations, amendments, deletions, or waivers of the provisions
of this Agreement shall be valid only when expressed in writing and duly signed by the parties,
unless otherwise provided herein.
19. Compliance with Laws and Regulations. In providing services hereunder, the Consultant shall
abide by all statutes, ordinances, rules and regulations pertaining to the provisions of services to
be provided. The Consultant and City, together with their respective agents and employees, agree
to abide by the provisions of the Minnesota Data Practices Act, Minnesota Statutes Section 13, as
amended, and Minnesota Rules promulgated pursuant to Chapter 13. Any violation of statutes,
ordinances, rules and regulations pertaining to the services to be provided shall constitute a
material breach of this Agreement and entitle the City to immediately terminate this Agreement.
20. Waiver. Any waiver by either party of a breach of any provisions of this Agreement shall not
affect, in any respect, the validity of the remainder of this Agreement.
21. Indemnification. Consultant agrees to defend, indemnify and hold the City, its officers, and
employees harmless from any liability, claims, damages, costs, judgments, or expenses, including
reasonabie attorney's fees, resulting directly or indirectly from a negligent act or omission
(including without limitation professional errors or omissions) of the Consultant, its agents,
employees, or subcontractors in the performance of the services provided by this Agreement and
against all losses by reason of the failure of said Consultant fully to perform, in any respect, all
obligations under this Agreement.
22. Insurance.
A. General Liabilitv. During the term of this Agreement, Consultant shall maintain a general
liability insurance policy with limits of at least $600,000 for each person, and each
occurrence, for both personal injury and property damage. This policy shall name the City
as an additional insured for the services provided under this Agreement and shall provide
that the Consultant's coverage shall be the primary coverage in the event of a loss. The
policy shall also insure the indemnification obligation contained in Paragraph No. 21. A
certificate of insurance on the City's approved form which verifies the existence of this
insurance coverage must be provided to the City before work under this Agreement is
begun.
B. Worker's Compensation. The Consultant shall secure and maintain such insurance as will
protect Consultant from claims under the Worker's Compensation Acts and from claims for
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bodily injury, death, or property damage which may arise from the performance of
Consultant's services under this Agreement.
C. Professional Liability Insurance. The Consultant agrees to provide to the City a certificate
evidencing that they have in effect, with an insurance company in good standing and
authorized to do business in Minnesota, a professional liability insurance policy. Said
policy shall insure payment of damage for legal liability arising out of the performance of
professional services for the City, in the insured's capacity as the Consultant, if such legal
liability is caused by an error, omission, or negligent act of the insured or any person or
organization for whom the insured is legally liable. Said policy shall provide an aggregate
limit of $1,000,000.
23. Records Access. The Consultant shall provide the City access to any books, documents,
papers, and records which are directly pertinent to the specific contract, for the purpose of making
audit, examination, excerpts, and transcriptions, for three years after final payments and all other
pending matters related to this contract are closed.
24. Ownership of Documents. All plans, diagrams, analyses, reports, and information generated in
connection with performance of the Agreement shall become the property of the City. The City
may use the information for its purposes. Such use by the City shall not relieve any liability on the
part of the Consultant.
All plans, diagrams, analyses, reports and information generated in connection with the
performance of the Agreement ("Information") shall become the property of the City. The City may
use the Information for its purposes and the Contractor also may use the Information for its
purposes. Reuse of the Information for the purposes of the project contemplated by this
Agreement ("Project") does not relieve any liability on the part of the Contractor, but any reuse of
the Information by the City or the Contractor beyond the scope of the Project is without liability to
the other, and the party reusing the Information agrees to defend and indemnify the other from
any claims or liability resulting therefrom.
25. Governing Law. This Agreement shall be controlled by the laws of the State of Minnesota.
Executed as of the day and year first written above.
Reviewed for form:
CITY OF PRIOR LAKE
City Engineer
City Manager
MCCOMBS, FRANK, ROOS ASSOCIATES, INC.
(MFRA)
By:
Its:
By:
Its:
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