Kerber Blvd Street Project Award Bid 2015CITY OF MEMORANDUM
CHANHASSFNo,
TO. Paul Oehme, Director of Public Works/City Engineer
7700 Market Boulevard
PO Box 147 FROM Alyson Fauske, Assistant City EngineerChanhassenMN55317
DATE• May 11, 2015
Administration
Phone 9522271100 SUBJECT 2015 Street Rehabilitation Project No. 15-02. Accept Bids, Hold
Fax 952 2271110
Special Assessment Hearing and Award Contract
Building Inspections
Phone 952 2271180 PROPOSED MOTION
Fax 952 2271190
Engineering The City Council adopts the attached resolution accepting the bids and awards
Phone 952 2271160 the contract for the 2015 Street Rehabilitation Project No 15-02 to Park
Fax 952 2271170 Construction in the amount of$998,317.80.
Finance The City Council adopts the assessment roll for City Project 15-02,
Phone 952 2271140 Kerber Boulevard Street Rehabilitation (Powers Boulevard to West 78th Street)
Fax 952 2271110 and the attached resolution."
Park&Recreation
Phone 952 2271120 City Council approval requires a simple majority vote of the City Council
Fax 952 2271110 present.
Recreation Center
2310 Coulter Boulevard BACKGROUND
Phone 952 2271400
Fax 952 2271404 At the August 11, 2014 work session, staff reviewed with Council the proposed
Planning&
2015 Street Improvements to the Carver Beach area Kerber Boulevard, a
Natural Resources Municipal State Aid Route, is also proposed to be resurfaced in 2015.
Phone 952 2271130
Fax 952 2271110 On October 27, 2014, the City Council authorized preparation of the feasibility
study.
Public Works
7901 Park Place On December 11, 2014, staff held an open house for the proposed project.
Phone 952 2271300
Fax 952.2271310
At the December 8, 2014, City Council meeting, the feasibility study was
Senior Center accepted and the public hearing was called for February 9, 2015.
Phone 952 2271125
Fax 952.2271110 The City Council authorized the preparation of plans and specifications at the
February 9, 2015 meeting.
Website
www ci Chanhassen mn us
On February 23, 2015, the City Council approved the plans and specifications and
authorized the advertisement for bids
Chanhassen is a Community for Life-Providing for Today and Planning for Tomorrow
City Project 15-02 Assessment Hearmg
May 11,2015
Page 2
Bids were opened on Monday, March 30, 2015 and were below the Engineer's estimate
DISCUSSION A _I*W I M_- $0
Every year the City considers j 4 "t'
streets that are in poor condition i
to be rehabilitated or 211I ,e 1/10 ',A a
reconstructed For the 2015 Street Iir++ we,
afeWe -C =WrtIIst W Rehabilitation Project, staff is lin r • .+
proposing to rehabilitate III j 1•
approximately 1.4 miles of am: II'
Municipal State Aid street, KerberBoulevard1VAj • WOO
This street was identified by thefii1iiIliviassualCity's Pavement Management
software in conjunction with siteinvestigationsWin '
or la
The proposed improvements
11.` . ".
141 Mk„.P p Pgenerallyconsistofmillingfour11111*
inches of pavement and repaving. 1_O .11
Severe pavement and subgrade 4 4 ' .
distresses will be removed and
re laced Ii11 •
ii g
11/iONlilt
Kerber Boulevard is an urban W, ` S
street section Damaged curb and
meet_:
am
gutter will be replaced with this a
project
1111
410
Minor drainage improvements are r+
also proposed to be addressed s
p11 ` Otto,
The water main is thought to be in Cm
relatively good condition since
ail
IA
there is only one documented 1
water main break in the area
r
The sanitary sewer system in the 1 --jr- —Jr
project area was televised and 1
staff received the results r J 1-,
December 18, 2014 Upon review of the televising records, it is recommended some of the
sanitary sewer should to be replaced due to sags in the pipe Some minor manhole work is also
proposed
City Project 15-21 Assessment Hearing
May 11,2015
Page 3
POLICY DECISION/ACTION TO BE CONSIDERED
Prior to the completion of the assessment hearing, any property owner who wants to object to
their assessment must file a signed written objection or they waive their right to appeal. The
Council may accept or modify the assessment amount as presented
ASSESSMENT HEARING PROCEDURE
Staff will provide a brief explanation of the work along with the proposed assessment amount.
Any issues that the City Council wishes to discuss regarding the project financing is appropriate
during the public hearing portion of the project Public testimony should be received for the
project The property owners should be reminded that if they wish, they must file a written
objection with the city either prior to or during the actual project hearings Objections after the
public hearing are invalid
An assessment objection is a request by the property owner for the Council to review the
assessment amount Staff may have an immediate response to individual comments. If the City
Council feels an objection cannot be addressed immediately the objection should be received and
referred to staff for investigation The remaining assessment roll should be adopted in order for
the process to stay on schedule. At the next City Council meeting, a report will be presented to
Council regarding all objections
If there are no objections filed, or if Council feels staff's investigation will not result in any
changes being made to the assessment roll, a motion by the City Council adopting the assessment
roll as prepared is needed for the project.
ASSESSMENT OBJECTIONS
Objections may be filed up to and at the public hearing At the time of this submittal, no written
objections have been received If any written objections are received in the interim prior to the
Council meeting, they will be provided to the council at the public hearing. Staff comments and
recommendations will also be provided at the public hearing The City Council may choose to
adopt staffs recommendation or revise the assessment roll. If additional objections are filed
either pnor to or at the hearing, they should be received and if necessary referred to staff for
investigation and resolution
PROJECT COST,ASSESSMENTS AND FUNDING
Special assessments to the benefitting properties are proposed to pay for a portion of the
proposed 2015 Street Rehabilitation Project No 15-02 per the City's assessment practice The
City's share of the project is proposed to be paid for with Municipal State Aid funds (gas tax
funds) which the City annually receives from the State. However, the City will need to advance
funds from the State Aid account since the City's account does not have sufficient funds to pay
for this project The State encourages Cities to advance fund projects since the State Aid account
has sufficient funds to cover these types of projects The State does not charge any interest for
these advancements The sanitary sewer improvements are proposed to be paid for by the
Sanitary Sewer Enterprise Fund.
City Project 15-21 Assessment Hearing
May 11,2015
Page 4
Feasibility Total Bid Amount
Estimate Amount Budgeted
Street Improvements 933,305 42
Storm Sewer Improvements 1,409,563 41* 34,867.13 $1,400,000*
Trail Improvements 133,100 92
Sanitary Sewer Improvements 47,000.00 41,700 58 85,000
Total $1,456,563.41 1,142,974.05 1,485,000
Includes street,storm sewer and trail improvement costs Municipal State Aid funds are proposed to be
used to pay for street, storm sewer and trail improvements
Kerber Boulevard is a 40-foot wide collector road with few properties having direct access to the
street. The City's practice is to assess benefitting properties 40% of the equivalent cost of a 31-
foot wide residential roadway Due to the limited number of benefitting properties, assessments
are proposed to be established by a front-footage basis and were calculated as follows.
Final cost of Kerber Boulevard resurfacing, 31-foot wide road. $650,059.27
Total front footage of Kerber Boulevard 15,242 ft
650,059 27 — 15,242 ff= $42 65/ff
40% assessed 40% of$42.65/ff= $17.06/ff
Carver County CDA• 397 ff x $17 06/ff= $6,772 82
West Village Townhomes 635 51 ff(per CIC plat) x $17 06/ff= $10,841 80
10,841 80 _ 64 units (per CIC plat) = $169.40/unit
The feasibility study estimated assessments were $9,444 63 and $236 23, respectively.
The IRET (Byerly's)property was assessed for 100%benefit to W 78th Street with the 2011
resurfacing project and therefore is not included in the proposed assessment roll for City Project
No 15-02
The costs include 7% contingency and 5% indirect costs.
Terms for the assessments proposed are at equal annual installments over eight (8) years at an
interest rate of 5 25%
BID OPENING/AWARD OF CONTRACT
Bids were received, opened and read out loud on Monday, March 30, 20145 at 2.00 p m Seven
bids were received The lowest responsible bidder is Park Construction Company at
998,317 80 The bids have been tabulated and checked for errors and are summarized below.
City Project 15-21 Assessment Hearing
May 11,2015
Page 5
Bidder Total Bid
1. Park Construction Company 998,317.80
2 Valley Paving, Inc 1,028,983 00
3 Midwest Asphalt Corporation 1,054,310 50
4. Hardrives, Inc. 1,118,200 00
5 GMH Asphalt Corporation 1,142,935.55
6 Bituminous Roadways, Inc 1,173,009 60
7. Chard Tiling &Excavating, Inc 1,224,818 00
Park Construction has done similar work in other metro communities. Specifically, they
completed a street reconstruction project in New Brighton last year and their work, ability to
manage a project like this, and customer service delivery has been acceptable to the City of New
Brighton.
SCHEDULE
Work begins. July 6, 2015
Substantial completion August 30, 2015
Attachments. 1 Assessment Roll
2 Resolutions
3. CIP sheets
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CITY OF CHANHASSEN
CARVER AND HENNEPIN COUNTIES,MINNESOTA
DATE: May 11,2015 RESOLUTION NO: 2015-XX
MOTION BY: SECONDED BY:
A RESOLUTION ADOPTING ASSESSMENT ROLL FOR
THE 2015 STREET IMPROVEMENT (KERBER BOULEVARD)
PROJECT NO. 15-02
WHEREAS,pursuant to proper notice duly given as required by law,the Council has met
and heard and passed upon all objections to the proposed assessment for the improvement of
Kerber Boulevard (From Powers Boulevard to W 78th Street)
NOW THEREFORE,BE IT RESOLVED by the City Council of Chanhassen,Minnesota.
1.Such proposed assessment, a copy of which is attached hereto and made a part hereof, is
hereby accepted and shall constitute the special assessment against the lands named therein,
and each tract of land therein included is hereby found to be benefited by the proposed
improvement in the amount of the assessment levied against it
2.Such assessment shall be payable in equal annual installments extending over a period of
eight(8)years, the first of the installments to be payable on or before the first Monday in
January, 2016, and shall bear interest at the rate of 5 25 percent(5 25%)per annum from the
date of the adoption of this assessment resolution. This assessment will appear on the first
property tax statement for 2016. To the first installment shall be added interest on the entire
assessment from the date of this resolution until December 31, 2015 To each subsequent
installment, when due, shall be added interest for one year on all unpaid installments
3 The owner of any property so assessed may, at any time prior to certification of the
assessment to the county auditor,pay the whole of the assessment on such property, with
interest accrued to the date of payment,to the city treasurer, except that no interest shall be
charged if the entire assessment is paid within 90 days from the adoption of this resolution,
and the owner may, at any time thereafter,pay to the city treasurer the entire amount of the
assessment remaining unpaid, with interest accrued to December 31 of the year in which
such payment is made. Such payment must be made before November 15 or interest will be
charged through December 31 of the next succeeding year. If the property owner decides
not to prepay the assessment before the date given above,the rate of interest that will apply
is 5 25 percent(5 25%)per year The right to partially prepay the assessment is not
available.
4 The clerk shall forthwith transmit a certified duplicate of this assessment to the county
auditor to be extended on the property tax lists of the County Such assessments shall be
collected and paid over in the same manner as other municipal taxes.
Passed and adopted by the Chanhassen City Council this 11th day of May, 2015.
ATTEST.
Todd Gerhardt, City Manager Denny Laufenburger, Mayor
YES NO ABSENT
CITY OF CHANHASSEN
CARVER AND HENNEPIN COUNTIES,MINNESOTA
DATE:May 11,2015 RESOLUTION NO: 2015-XX
MOTION BY: SECONDED BY:
A RESOLUTION ACCEPTING BIDS AND AWARDING CONTRACT FOR THE
2015 STREET IMPROVEMENT (KERBER BOULEVARD)PROJECT NO. 15-02
WHEREAS,pursuant to an advertisement for bids for the 2015 Street Improvement Project
Kerber Boulevard),bids were received, opened and tabulated according to law, and the following bids
were received complying with the advertisement
Bidder Total Bid
1 Park Construction Company 998,317.80
2 Valley Paving, Inc 1,028,983.00
3 Midwest Asphalt Corp 1,054,310.50
4 Hardrives, Inc. 1,118,200.00
5. GMH Asphalt Corporation 1,142,935 55
6. Bituminous Roadways, Inc 1,173,009 60
7. Chard Tiling& Excavating, 1,224,818 00
Inc
AND WHEREAS, Park Construction Company is the lowest responsible bidder with a total
bid awarded of$998,317 80
NOW THEREFORE, BE IT RESOLVED by the Chanhassen City Council.
1 The mayor and clerk are hereby authorized and directed to enter into a contract with GMH
Asphalt in the name of the City of Chanhassen for the 2015 Street Improvement Project
Kerber Boulevard)according to the plans and specifications therefore approved by the City
Council and on file in the office of the city clerk.
2 The city clerk 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 lowest
bidder shall be retained until a contract has been signed
Passed and adopted by the Chanhassen City Council this 11th day of May, 2015.
ATTEST
Todd Gerhardt, City Manager Denny Laufenburger, Mayor
YES NO ABSENT
i
Projects By Funding Source 2015 thru 2019 I
Department Street Improvements
City of Chanhassen, MN Contact Paul Ochmc
Project# ST-012 fypc Improvement cy
Useful Life Unassigned
Project name Annual Street Improvement Program Category Streets/Highways
Account#1 601 xxxx-4751 Account#3 Priority n/a
Account#2 Account#4
1
Description Total Project Cost, $22,769,500 LIp
Annual project to rehabilitate and reconstruct streets in the City Current 5-year plan shows the following neighborhood areas
2015-Carver Beach area(south and west of Carver Beach Road)
MSA-Kerber Blvd overlay(north of West 78th Street)and Dakota Ave(Hwy 5 to Lake Dr E)
2016-North Manor Road,Washta Bay Road,Tanagers Lane,. Sandpiper Trail,Piper Ridge Lane and Minnewashta Woods Drive
MSA Park Road overlay and Park Place
2017 Flamingo Drive area,Ches Mar Drive,Lone Cedar and Saddlebrook Pass neighborhood
MSA-Bluff Creek Drive overlay and Bluff Creek Drive Trail extension iii2018-Orchard Lane,Forest Avenue,Forest Circle,Oriole Avenue,64th Street and 96th Street
2019-Fox Path area,Frontier Trail(north of 77th Street),Choctaw and Kurvers Point
MSA-Minnewashta Parkway overlay
Justification
The City uses a Pavement Management System to monitor the condition of the City streets While proper preventative maintenance extends the
life of the street and is cost effective,a street will eventually deteriorate to a point that further maintenance is no longer cost effective,
Rehabilitation projects extend the life of the street In cases when utilities or poor sub grade needs to be replaced or where streets have
deteriorated to a point where rehabilitation will no longer be practical,reconstruction of the street is necessary A feasibility study is written to
consider the merits of the project and scope of work
The Highway 212 improvement project included a pedestrian trail along the first 2,500 feet of Bluff Creek Drive The resulting"gap"represents a 11
missing link in the City's trail system south to Flying Cloud Drive Bluff Creek Drive is a difficult stretch of road to negotiate as a pedestrian in
the absence of a trail This trail segment is planned to be constructed along with the 2017 MSA street reconstruction
I
Prior Expenditures 2015 2016 2017 2018 2019 Total
9,695,000 Construction 3,250,000 2,460,000 3,022,400 1,687,300 2,654,800 13,074,500
total Total 3,250,000 2,460,000 3,022,400 1,687,300 2,654,800 13,074,500
Prtot Funding Sources 2015 2016 2017 2018 2019 Total
9 695 000 Assessment/Revolving 1,850,000 1,560,000 1,622 400 1,687,300 1,754,800 8,474,500
Assess Fund
Total CO
l> MSA 1,400,000 900,000 1,400,000 900,000 4,600,000
Total 3,250,000 2,460,000 3,022,400 1,687,300 2,654,800 13,074,500 g'1
Budget Impact/Other
0Thisprojectmaydecreasemaintenancecosts
I
I
0
II
10
88
Projects By Funding Source 2015 thrtu 2019
Department Surface Water Management
City of Chanhassen, MN Contact Paul Oehme
Project# SWMP-019 Type Improvement
Pro ee t Name Useful Life UnassignedStreetImprovementProjects-Storm Water iY1gmt
Category SWMP
Account#1 720-7025-4751 Account#3 Priority n/a
Account#2 Account#4
Description Total Project Cost 51,775,000 J
An annual amount set aside for storm water management infrastructure construction or expansion associated with street improvement projectsundertakenbytheengineeringandpublicworksdepartments
I
Justification
Street improvement projects frequently require construction of expansion of storm water management infrastructure in order to comply withfederal,state and local regulations,as well as protecting existing and proposed development adjacent to the projects
Pt ior Expenditures 2015 2016. 2017 2018 2019 Total
1,100 000 Construction 125,000 200,000 75,000 200,000 75,000 675,000
Total Total 125,000 200,000 75,000 200,000 75,000 675,000 j
Prior FundingSourcesFj20152016201720182019Total
1,100,000 Surface Water Utility Fund 125,000 200,000 75,000 200,000 75,000 675,000
Total Total 125,000 200,000 75,000 200,000 75,000 675,000
Budget Impact/Other
Inventory, inspection and maintenance of new infrastructure will he required Citywide,No map I
ij
I
I
0
iiii
96
I4
i
111,1
2015 Enterprise Funds 0
701 Sewer Utility Expenditures
III
2014 to02012201.3 2014 2015 2015
Account Description Actual Actual Budget Budget %Inc/(Dec)
4010 Salaries&Wages-Reg 241,468 246,742 246,000 260,000 5 7% 04011OveitimeReg9,182 6,626 9,000 8,000 11 1%)
4012 Stand By Pay 6,421 6,482 6,500 6,500 0 0%
4020 Salaries&Wages temp 8,041 13,126 14,000 14,000 0 0%
4021 Overtime-Temp 33 67 0 0%
4030 Contributions Retirement 37,148 37,571 40,000 42,000 5 0%
4040 Contributions-Insurance 40,496 40,892 44,000 48,000 9 1% I4050WorkersCompensation6,242 6,955 6,200 7,200 16.1%
4060 Unemployment 2,212 0 0%
Total Personal Services 351,243 358,462 365,700 385,700 5 5%
illi4120Supplies-Equipment 15,954 13,890 8,500 10,000 17 6%
4140 Supplies-Vehicles 1,280 5,987 5,000 5,000 0.0%
4150 Maintenance Materials 9,142 10 534 10,000 10,000 0 0%
4160 Chemicals 4,083 3,301 4,500 4,500 0 0%
4170 Motor Fuels&Lubricants 14,672 14,683 14,000 14,000 0.0% 14240Uniforms&Clothing 2,064 967 2,000 2,000 0 0%
4260 Small Tools&Equipment 2,715 3,449 2,800 2,800 0 0%
Total Materials&Supplies 49,911 52,811 46,800 48,300 3.2%
1
4300 Fees,Services 17,448 27,724 23,000 23,000 0,0%
4301 Auditing 6,000 6,000 6,000 6,000 0 0%
4310 'Telephone 5,176 7 726 6,000 7,500 25 0%
4320 Utilities 66,324 73,785 70,000 75,000 7.1/0
1330 Postage 5,141 5,024 5,500 5,200 5 5%)
4340 Printing&Publishing 2,646 1,443 2,000 2,000 0 0%
4350 Cleaning&Waste Removal 193 0,0%
4360 Subscriptions&Memberships 100 440 400 400 0,0%
4370 Travel&'l raining 4,506 3,866 4,200 4,200 0 0%
4410 Rental Equipment 41 317 1,500 500 66 7%)a
4440 License&Registration 152 0.0%
4483 Insurance-General Liability 13,000 13,000 13,000 13,000 0 0%
4509 Remit to Other Agencies 1,506,629 1,398,891 1,451,000 1,579,600 8 9%II4510Repair&Maintenance Building 2,233 4,266 5,000 4,200 16 0%) 1
4520 Repair&Maintenance Vehicles 405 1,762 1,000 1,000 0.0% 1
4530 Repan &Maintenance-Equip 22,430 28,182 26,000 26,000 0 0%
4551 Repair&Maintenance-Sewer 91,841 79,001 85,000 85,000 0 0% II4553EmergencyRepairsSewer8,797 2,435 10,000 10,000 0 0%
4933 Sales Tax 2,140 769 0 0%
Total Contractual Services 1,755,010 1,654,823 1,709,600 1,842,600 7.8%II
1 otal Expenditures 2,156,163 2,066,096 2,122,100 2,276,600 7 3%
111
84 1
FORM OF AGREEMENT
BETWEEN CITY OF CHANHASSEN AND CONTRACTOR
THIS AGREEMENT, made this 11' day of May, 2015, by and between the CITY OF
CHANHASSEN, a Minnesota municipal corporation ( "Owner ") and Park Construction
Company ( "Contractor "). Owner and Contractor, in consideration of the mutual covenants set
forth herein, agree as follows:
1. CONTRACT DOCUMENTS. The following documents 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 verbatim and in full herein:
A. This Agreement;
B. Specifications dated February, 2015;
C. City of Chanhassen General Conditions of the Construction Contract;
D. Bid dated March 30, 2015.
In the event of a conflict among the provisions of the Contract Documents, the order in which
they are listed above shall control in resolving any such conflicts with Contract Document "A"
having the first priority and Contract Document "D" having the last priority.
2. OBLIGATIONS OF THE CONTRACTOR. The contractor shall provide the
goods, services, and perform the work in accordance with the Contract Documents.
3. CONTRACT PRICE. Owner shall pay Contractor for completion of the Work
in accordance with the Contract Documents the amount of $998,317.80.
4. PAYMENT PROCEDURES.
A. Contractor shall submit Applications for Payment. Applications for
Payment will be processed by Engineer as provided in the General
Conditions.
B. Progress Payments; Retainage. Owner shall make 95% progress payments
on account of the Contract Price on the basis of Contractor's Applications
for Payment during performance of the Work.
C. Payments to Subcontractor.
(1) Prompt Payment to Subcontractors. Pursuant to Minn. Stat. §
471.25, Subd. 4a, the Contractor must pay any subcontractor
within ten (10) days of the Contractor's receipt of payment from
the City for undisputed services provided by the subcontractor.
175881v1
The Contractor must pay interest of 1 %2 percent per month or any
part of a month to the Subcontractor on any undisputed amount not
paid on time to the subcontractor. 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 penalty due to the subcontractor.
(2) Form IC -134 (attached) required from general contractor. Minn.
Stat. § 290.92 requires that the City of Chanhassen obtain a
Withholding Affidavit for Contractors, Form IC -134, before
making final payments to Contractors. This form needs to be
submitted by the Contractor to the Minnesota Department of
Revenue for approval.
The form is used to receive certification from the state that the
vendor has complied with the requirement to withhold and remit
state withholding taxes for employee salaries paid.
D. Final Payment. Upon final completion of the Work, Owner shall pay the
remainder of the Contract Price as recommended by Engineer.
5. COMPLETION DATE/LIQUIDATED DAMAGES.
A. The Work must be substantially completed on or before August 28, 2015,
and be ready for final completion and payment on or before September 18,
2015 in accordance with the Special Provisions and General Conditions.
B. Contract and Owner recognize that time is of the essence of this
Agreement and that Owner will suffer financial loss if the Work is not
completed within the times specified in Paragraph 5.A. above, plus any
extensions thereof allowed. The parties also recognize the delays,
expense, and difficulties involved in proving in a legal or arbitration
proceeding the actual loss suffered by Owner if the Work is not completed
on time. Accordingly, instead of requiring any such proof, Owner and
Contractor agree that as liquidated damages for delay (but not as a
penalty), Contractor shall pay Owner $750.00 for each calendar day that
expires after the time specified in Paragraph 5.A. for Completion until the
Work is complete.
Daily costs are based on MnDOT Table 1807 -1, "Schedule of Liquidated
Damages as follows:
2
175881v1
TABLE 1807 -1
SCHEDULE OF LIQUIDATED
DAMAGES
Original Contract Amount
Charge
Per Cal,
Day
$
From More Than
$
To and Including
$
0
25,000
75
25,000
50,000
125
50,000
100,000
250
100,000
500,000
500
500,000
1,000,000
750
1,000,000
2,000,000
1,250
2,000,000
5,000,000
1,750
5,000,000
10,000,000
2,500
10,000,000
3,000
6. CONTRACTOR'S REPRESENTATIONS.
A. Contractor has examined and carefully studied the Contract Documents
and other related data identified in the Contract Documents.
B. Contractor has visited the Site and become familiar with and is satisfied as
to the general, local, and Site conditions that may affect cost, progress, and
performance of the Work.
C. Contractor is familiar with and is satisfied as to all federal, state, and local
Laws and Regulations that may affect cost, progress, and performance of
the Work.
D. Contractor has carefully studied all: (1) reports of explorations and tests
of subsurface conditions at or contiguous to the Site and all drawings of
physical conditions in or relating to existing surface or subsurface
structures at or contiguous to the Site (except Underground Facilities)
which have been identified in the General Conditions and (2) reports and
drawings of a Hazardous Environmental Condition, if any, at the site.
E. Contractor has obtained and carefully studied (or assumes responsibility
for doing so) all additional or supplementary examinations, investigations,
explorations, tests, studies, and data concerning conditions (surface,
subsurface, and Underground Facilities) at or contiguous to the Site which
may affect cost, progress, or performance of the Work or which relate to
any aspect of the means, methods, techniques, sequences, and procedures
of construction to be employed by Contractor, including any specific
means, methods, techniques, sequences, and procedures of construction
175881vl
expressly required by the Bidding Documents, and safety precautions and
programs incident thereto.
K Contractor does not consider that any further examinations, investigations,
explorations, tests, studies, or data are necessary for the performance of
the Work at the Contract Price, within the Contract Times, and in
accordance with the other terms and conditions of the Contract
Documents.
G. Contractor is aware of the general nature of work to be performed by
Owner and others at the Site that relates to the Work as indicated in the
Contract Documents.
H. Contractor has correlated the information known to Contractor,
information and observations obtained from visits to the Site, reports and
drawings identified in the Contract Documents, and all additional
examinations, investigations, explorations, tests, studies, and data with the
Contract Documents.
Contractor has given Engineer written notice of all conflicts, errors,
ambiguities, or discrepancies that Contractor has discovered in the
Contract Documents, and the written resolution thereof by Engineer is
acceptable to Contractor.
I The Contract Documents are generally sufficient to indicate and convey-
understanding of all terms and conditions for performance and furnishing
of the Work.
K. Subcontracts:
(1) finless otherwise specified in the Contract Documents, the
Contractor shall, upon receipt of the executed Contract Documents,
submit in writing to the Owner the names of the Subcontractors
proposed for the work. Subcontractors may not be changed except
at the request or with the consent of the Owner.
(2) The Contractor is responsible to the Owner for the acts and
omissions of the Contractor's subcontractors, and of their direct
and indirect employees, to the same extent as the Contractor is
responsible for the acts and omissions of the Contractor's
employees.
(3) The Contract Documents shall not be construed as creating any
contractual relation between the Owner, the Engineer, and any
Subcontractor.
17sss1vl
(4) The Contractor shall bind every Subcontractor by the terms of the
Contract Documents.
7. WORKER'S COMPENSATION. The Contractor shall obtain and maintain for
the duration of this Contract, statutory Worker's Compensation Insurance and Employer's
Liability Insurance as required under the laws of the State of Minnesota.
8. COMPREHENSIVE GENERAL LIABILITY. Contractor shall obtain the
following minimum insurance coverage and maintain it at all times throughout the life of the
Contract, with the City included as an additional name insured on a primary and non-
contributory basis. The Contractor shall furnish the City a certificate of insurance satisfactory to
the City evidencing the required coverage:
Bodily Injury: $2,000,000 each occurrence
$2,000,000 aggregate products and
completed operations
Property Damage: $2,000,000 each occurrence
$2,000,000 aggregate
Contractual Liability (identifying the contract):
Bodily Injury: $2,000,000 each occurrence
Property Damage: $2,000,000 each occurrence
$2,000,000 aggregate
Personal Injury, with Employment Exclusion deleted:
$2,000,000 aggregate
Comprehensive Automobile Liability (owned, non - owned, hired):
Bodily Injury: $2,000,000 each occurrence
$2,000,000 each accident
Property Damage: $2,000,000 each occurrence
9. WARRANTY. The Contractor guarantees that all new equipment warranties as
specified within the quote shall be in full force and transferred to the City upon payment by the
City. The Contractor shall be held responsible for any and all defects in workmanship, materials,
and equipment which may develop in any part of the contracted service, and upon proper
notification by the City shall immediately replace, without cost to the City, any such faulty part
or parts and damage done by reason of the same in accordance with the bid specifications.
10. INDEMNITY. The Contractor agrees to indemnify and hold the City harmless
from any claim made by third parties as a result of the services performed by it. In addition, the
175881v1
Contractor shall reimburse the City for any cost of reasonable attorney's fees it may incur as a
result of any such claims.
11. MISCELLANEOUS.
A. Terms used in this Agreement have the meanings stated in the General
Conditions.
B. Owner and Contractor each binds itself, its partners, successors, assigns
and legal representatives to the other party hereto, its partners, successors,
assigns and legal representatives in respect to all covenants, agreements,
and obligations contained in the Contract Documents.
C. Any provision or part of the Contract Documents held to be void or
unenforceable under any Law or Regulation shall be deemed stricken, and
all remaining provisions shall continue to be valid and binding upon
Owner and Contractor, who agree that the Contract Documents shall be
reformed to replace such stricken provision or part thereof with a valid and
enforceable provision that comes as close as possible to expressing the
intention of the stricken provisions.
D. Data Practices /Records.
(1) All data created, collected, received, maintained or disseminated
for any purpose in the course of this Contract is governed by the
Minnesota Government Data Practices Act, Minn. Star. Ch. 13, any
other applicable state statute, or any state rules adopted to
implement the act, as well as federal regulations on data privacy.
(2) All books, records, documents and accounting procedures and
practices to the Contractor and its subcontractors; if any, relative to
this Contract are subject to examination by the City.
E. Software License. If the equipment provided by the Contractor pursuant
to this Contract contains software, including that which the manufacturer
may have embedded into the hardware as an integral part of the
equipment, the Contractor shall pay all soflvvare licensing fees. The
Contractor shall also pay for all sofhvare updating fees for a period of one
year following cutover. The Contractor shall have no obligation to pay for
such fees thereafter. Nothing in the software license or licensing
agreement shall obligate the City to pay any additional fees as a condition
for continuing to use the software.
E Patented devices, materials and processes. If the Contract requires, or the
Contractor desires, the use of any design, devise, material or process
covered by letters, patent or copyright, trademark or trade name, the
175881v1
Contractor shall provide for such use by suitable legal agreement with the
patentee or owner and a copy of said agreement shall be filed with the
Owner. If no such agreement is made or filed as noted, the Contractor
shall indemnify and hold harmless the Owner from any and all claims for
infringement by reason of the use of any such patented designed, device,
material or process, or any trademark or trade name or copyright in
connection with the Project agreed to be performed under the Contract,
and shall indemnify and defend the Owner for any costs, liability,
expenses and attorney's fees that result from any such infringement.
G. Assignment. Neither parry may assign, sublet, or transfer any interest or
obligation in this Contract without the prior written consent of the other
parry, and then only upon such terms and conditions as both parties may
agree to and set forth in writing..
H. Waiver. In the particular event that either party shall at any time or times
waive any breach of this Contract by the other, such waiver shall not
constitute a waiver of any other or any succeeding breach of this Contract
by either party, whether of the same or any other covenant, condition or
obligation.
I. Governing Law/Venue. The laws of the State of Minnesota govern the
interpretation of this Contract. In the event of litigation, the exclusive
venue shall be in the District Court of the State of Minnesota for Carver
County.
Severability. If any provision, term or condition of this Contract is found
to be or become unenforceable or invalid, it shall not affect the remaining
provisions, terms and conditions of this Contract, unless such invalid or
unenforceable provision, term or condition renders this Contract
impossible to perform. Such remaining terms and conditions of the
Contract shall continue in full force and effect and shall continue to
operate as the parties' entire contract.
K. Entire Agreement. This Contract represents the entire agreement of the
parties and is a final, complete and all inclusive statement of the terms
thereof, and supersedes and terminates any prior agreement(s),
understandings or written or verbal representations made between the
parties with respect thereto.
L. Permits and Licenses; Rights -of -Way and Easements. The Contractor
shall procure all permits and licenses, pay all charges and fees therefore,
and give all notices necessary and incidental to the construction and
completion of the Project. The City will obtain all necessary rights -of-
way and easements. The Contractor shall not be entitled to any additional
1758810
compensation for any construction delay resulting from the City's not
timely obtaining rights- of -Nvay or easements.
M. If the work is delayed or the sequencing of work is altered because of the
action or inaction of the ONNmer. the Contractor shall be allowed a time
extension to complete the work but shall not be entitled to any other
compensation.
N. Let be noted that Sections -5.23, 7.01 and 8.08 are hereby deleted from the
2014 General Conditions as they are represented in this document.
CITY OF HANHASSW� PARK CONSTRUCTION C . 4PANY
BY ,�((,A BY:
I7enn �Lffenburg #, Mayor
BY: BY:
d Gerhardt, City Manager
tM88M