Park Road/Park Place Street Rehabilitation Project 16-04: Accept Bids and Award Contract; Assessment Hearing and Approve Resolution Requesting Advancement of State Aid Funds \ Y o — �
I
CITY OF CHANHASSEN
e r£ ✓ Chanhassen is a Community for Life-Providing for Today and Planning for Tomorrow
MEMORANDUM
TO: Paul Oehme, Director of Public Works/City Engineer CA`r
FROM: Alyson Fauske, Assistant City Engineer 01/4)1
DATE: June 26, 2017
SUBJ: Park Road/Park Place Street Rehabilitation Project No. 16-04: Accept Bids and
Award Contract; Assessment Hearing
PROPOSED MOTION
"The City Council adopts the attached resolution accepting the bids and awards the contract for
the Park Road/Park Place Street Rehabilitation Project No. 16-04 to Valley Paving in the
amount of$856,210.45.
The City Council adopts the assessment roll and resolution for the Park Road/Park Place Street
Rehabilitation Project No. 16-04.
The City Council adopts the resolution requesting advancement of State Aid Funds."
City Council approval requires a simple majority vote of those present.
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.
BACKGROUND
On November 23, 2015, the City Council approved the consultant contract with WSB &
Associates and authorized preparation of the feasibility study.
On March 10, 2016, an open house was held to discuss the proposed project; there were no
visitors at the open house.
At the March 14, 2016 meeting, the City Council accepted the feasibility study and called the
public hearing.
On April 11, 2016, the City Council held the public hearing and authorized the preparation of
plans and specifications.
PH 952.227.1100• www.ci.chanhassen.mn.us • FX 952.227.1110
7700 MARKET BOULEVARD • PO BOX 147 • CHANHASSEN • MINNESOTA 55317
Paul Oehme
Park Road/Place Street Rehabilitation Project:
Accept Bids,Award Contract,Assessment Hearing
June 26,2017
Page 2
The 2016 Minnesota State Legislative Session ended without approval of the bonding bill,
therefore City Project No. 16-04 was put on hold.
On February 13, 2017, the City Council authorized preparation of an addendum to the feasibility
study to update the estimated project costs and funding.
At the April 10, 2017 meeting, the City Council held the public hearing, approved the plans and
specifications and authorized the advertisement of bids.
On May 9, 2017, bids were opened.
At the May 22, 2017 meeting, the City Council called the assessment hearing.
An open house was held on June 20, 2017 to provide a project update and answer questions
about the proposed assessments.
DISCUSSION
The current Capital Improvement Program includes the rehabilitation of Park Road and Park
Place in 2017. These streets were selected using the City's Pavement Management Program and
site investigations. This project includes approximately 0.8 miles of streets. Park Road was
constructed in 1982 and Park Place was constructed in 1987. The 2015 surveyed pavement
condition scores for Park Road range between 47 and 51. A PCI of 100 represents a new street.
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Figure 1: Pavement Condition Scores
In 2005, Park Place was sealcoated which appears to have covered up more severe pavement
distresses. Due to the age and history of Park Place, it is recommended to include this street in
Paul Oehme
Park Road/Place Street Rehabilitation Project:
Accept Bids,Award Contract,Assessment Hearing
June 26,2017
Page 3
the 2016 project. Park Road is a 41-foot wide urban street within an 80-foot wide right of way.
Park Place is 33 feet wide urban street within a 60-foot wide right of way.
The majority of the water main in this area is 10" diameter ductile iron pipe. There are no
known water main breaks within the project area. Valve and hydrant repairs will be completed
by the Utilities staff. Anode bags are proposed to be installed with this project to prolong the life
of the water main.
The sanitary sewer has been televised. Proposed repairs to this system include addressing noted
areas of inflow/infiltration and spot repairs to replace/repair damaged pipe. New casting and
self-sealing lids will be installed with this project. The sanitary sewer repair work will be
incorporated into the inflow/infiltration project.
Work on the public storm sewer includes interior repairs to the catch basins and manholes.
A culvert known as Bridge. No. R0612 was built in 1950 and lies under the east end of Park
Road. The culvert is currently in disrepair and is rated as structurally deficient and should be
replaced with this project.
BID OPENING/AWARD OF CONTRACT
Bids were received, opened and read out loud on Tuesday, May 9, 2017 at 2:00 p.m. Four bids
were received. The lowest responsible bidder is Valley Paving, Inc. at $856,210.45. The bids
have been tabulated and are summarized below.
Bidder Total Bid
1. Valley Paving, Inc. $856,210.45
2. Park Construction Company $911,264.39
3. OMG Midwest, Inc. (dba Chard) $935,817.90
4. GMH Asphalt Corporation $949,321.48
Valley Paving, Inc. has not previously worked for the City of Chanhassen.
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
Paul Oehme
Park Road/Place Street Rehabilitation Project:
Accept Bids,Award Contract,Assessment Hearing
June 26,2017
Page 4
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 confident 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 staff's recommendation or revise the assessment roll. If additional objections are filed
either prior to or at the hearing, they should be received and if necessary referred to staff for
investigation and resolution.
PROJECT COST, ASSESSMENTS AND FUNDING
Budgets for the proposed work have been included in the 2017 CIP. A summary of the total bid
cost, the engineer's estimate and CIP budget is below:
Funding Source Budget Feasibility Bid*
Estimate
Revolving Assessment Fund $100,000 $73,400.25 $61,611.15
(Park Place Improvements)
Bridge Replacement: Bridge $313,354.50
Bonding or MSA Funds
Municipal State Aid (MSA) $1,100,000 $1,066,454.95 $613,957.41
Funds
Total $1,200,000 $1,139,855.20 $988,923.07
*The bid cost includes 5% construction contingency and 10% indirect costs.
City Council is recommended to adopt a resolution requesting advancement of State Aid Funds
for this project. The original resolution was adopted January 11, 2016, however, since one year
has lapsed the State requires a new resolution.
The City's assessment practice is to assess 40% of the street improvement cost to the benefitting
properties on an assessable area basis. A copy of the City's Assessment Policy is attached for
reference. The estimated preliminary and proposed final assessments are summarized below.
Paul Oehme
Park Road/Place Street Rehabilitation Project:
Accept Bids,Award Contract,Assessment Hearing
June 26,2017
Page 5
Parcel Owner Parcel Assessable Estimated Final
No. Area Area Assessment Assessment
1 Road Runner Repair, Inc. 2.89 2.89 $8,100 $6,000
2 Road Runner Repair, Inc. 2.39 2.39 $6,700 $4,960
3 Retail Tech, LLC 2.43 2.43 $6,810 $5,040
4 Retail Tech, LLC 1.92 1.92 $5,380 $3,980
5 Gary Goll 1.75 1.75 $4,900 $3,630
6 GMP Properties, LLC 1.61 1.61 $4,510 $3,340
7 Core Mpls. Industrial 1.58 1.58 $4,430 $3,280
8 Core Mpls. Industrial 2.02 2.02 $5,660 $4,190
9 Core Mpls. Industrial 0.6 0.6 $1,680 $1,240
10 United Mailing, Inc 1.71 0 $0 $0
11 United Mailing, Inc 2.51 0 $0 $0
12 United Mailing, Inc 3.34 3.34 $9,360 $6,930
13 ISTAR Minnesota, LLC 9.92 9.92 $27,790 $20,580
14 ISTAR Minnesota, LLC 14.1 14.1 $39,500 $29,250
16 Core Mpls. Industrial 3.39 3.39 $9,500 $7,030
17 Core Mpls. Industrial 2.96 2.96 $4,150 $3,070
18 Carla Brockpahler 2.55 2.55 $7,140 $5,290
19 MG, LLC 1.16 1.16 $3,250 $2,410
20 City of Chanhassen 2.33 2.33 $6,530 $4,830
21 Prince R. Nelson 2.65 2.65 $7,420 $5,500
22 Christians Properties, LLC 1.3 1.3 $3,640 $2,700
23 Alfred A. Iverson 3.55 3.55 $9,940 $7,360
24 Alfred A. Iverson 6.32 6.32 $17,700 $13,110
25 Chanhassen HRA 11.65 11.65 $32,640 $24,170
The total amount proposed to be assessed is $167,890. The assessments are being proposed for
an eight-year term at an interest rate of 6%. Staff recommends that the Council extend the
interest-free period to November 1, 2017 after substantial project completion is anticipated.
SCHEDULE
Work can begin as early as July, 2017 with substantial completion by October 31, 2017.
Attachments: 1. Resolutions
2. Assessment Roll
3. Assessment Policy
4. CIP sheet
CITY OF CHANHASSEN
CARVER AND HENNEPIN COUNTIES,MINNESOTA
DATE: RESOLUTION NO: 2017-XX
MOTION BY: SECONDED BY:
A RESOLUTION ACCEPTING BIDS AND AWARDING CONTRACT
FOR THE REHABILITATION OF PARK ROAD AND PARK PLACE
PROJECT NO. 16-04
WHEREAS,pursuant to an advertisement for bids for the Park Road/Park Place Street
Rehabilitation Project No. 16-04,bids were received, opened and tabulated according to law, and
the following bids were received complying with the advertisement:
Bidder Total Bid
1. Valley Paving, Inc. $856,210.45
2. Park Construction Company $911,264.39
3. OMG Midwest, Inc. (dba Chard) $935,817.90
4. GMH Asphalt Corporation $949,321.48
WHEREAS,Valley Paving, Inc. is the lowest responsible bidder with a total bid awarded
of$856,210.45;
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 Valley
Paving,Inc. in the name of the Park Road/Park Place Street Rehabilitation Project No.
16-04 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 26th day of June, 2017.
ATTEST:
Todd Gerhardt, City Manager Denny Laufenburger,Mayor
YES NO ABSENT
CITY OF CHANHASSEN
CARVER AND HENNEPIN COUNTIES,MINNESOTA
DATE: June 26,2017 RESOLUTION NO: 2017-XX
MOTION BY: SECONDED BY:
A RESOLUTION ADOPTING ASSESSMENT ROLL FOR THE
PARK ROAD/PARK PLACE STREET REHABILITATION PROJECT NO. 16-04
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 Park Road and
Park Place,
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,
2018, and shall bear interest at the rate of 6.00 percent(6.00%)per annum. This assessment will
appear on the first property tax statement for 2018. To the first installment shall be added
interest on the entire assessment from November 1,2017 until December 31,2018. 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 by November 1,2017; 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 6.00 percent(6.00%)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 26th day of June,2017.
ATTEST:
Todd Gerhardt, City Manager Denny Laufenburger,Mayor
YES NO ABSENT
CITY OF CHANHASSEN
CARVER COUNTY, MINNESOTA
DATE: June 26, 2017 RESOLUTION NO: 2017-XX
MOTION BY: SECONDED BY:
RESOLUTION FOR MUNICIPAL STATE AID FUNDS ADVANCE FOR
CITY PROJECT 16-04: PARK ROAD/PARK PLACE REHABILITATION PROJECT
WHEREAS,the Municipality of Chanhassen is planning to implement a Municipal State Aid Street
Project in 2017 which will require State Aid funds in excess of those available in its State Construction
Account; and
WHEREAS, said Municipality is prepared to proceed with the construction of said project(s)
through the use of an advance from the Municipal State Aid Street Fund to supplement the available funds in
their State Aid Construction Account; and
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WHEREAS,the advance is based on the following determination of estimated expenditures:
Account Balance as of June 11, 2017 $345,675.44
Less estimated disbursements:
Project#194-127-001 $1,100,000.00
Advance Amount (amount in excess of acct. balance) $754,324.56
WHEREAS, repayment of the funds so advanced will be made in accordance with the provisions of
Minnesota Statues 162.14, Subd. 6 and Minnesota Rules, Chapter 8820.1500, Subp. 10b; and
WHEREAS,the Municipality acknowledges advance funds are released on a first-come-first-serve
basis and this resolution does not guarantee the availability of funds.
NOW, THEREFORE,BE IT RESOLVED that the Commissioner of Transportation be and is
hereby requested to approve this advance for financing approved Municipal State Aid Street Project(s) of the
Municipality of Chanhassen in an amount up to $1.10 Million . I hereby authorize repayments from
subsequent accruals to the Municipal State Aid Street Construction Account of said Municipality of future
year allocations until fully repaid.
Passed and adopted by the Chanhassen City Council this 26th day of June, 2017.
ATTEST:
Todd Gerhardt, City Manager Denny Laufenburger, Mayor
YES NO ABSENT
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CITY OF CHANHASSEN
ASSESSMENT PRACTICE
N H a s Updated November, 2014
This Assessment Practice is intended to provide general direction to City Staff in preparation of assessment rolls
to ensure fair and consistent treatment of all properties within the City of Chanhassen. This practice may not
apply in all circumstances at which time the Council will direct staff to determine an alternate assessment
methodology. All benefiting properties that have access or potential future access to the street proposed to be
Reconstructed or Rehabilitated shall be included in the assessment roll. Assessments must be equally
distributed between housing types. Commercial properties will typically be assessed using an area charge or in
some circumstances front footage.
NEW CONSTRUCTION: 100%assessed to benefitting properties
Assessable Costs Include:
• Construction of a new street—Typically not a City project.
• Installation of water main, storm sewer and sanitary sewer systems where it did not previously exist.
RECONSTRUCTION: 40%assessed to all benefitting properties
Assessable Costs Include:
• Reconstruction of an existing street.
• Installation or repair of concrete curb and gutter associated with a street reconstruction project.
Notes:
• If a residential property benefits from a collector or commercial street reconstruction project, the
assessment amount for the residential property shall be based on a 31-foot wide street.
• Replacement or repair of an existing water main, storm sewer and sanitary sewer will not be assessed to
the benefitting properties. The City will pay 100%of these improvement costs out of the associated
enterprise fund.
REHABILITATION: 40%assessed to all benefitting properties
Assessable Costs Include:
• Edge or full-depth mill and overlay, cracksealing and full-depth repair of problem areas within the street
rehabilitation project area, installation or repair of curb and gutter.
• Replacement or repair of existing water main,storm sewer and sanitary sewer will not be assessed to the
benefitting properties. The City will pay 100%of these improvement costs out of the associated
enterprise fund.
Notes:
• If a residential property benefits from a collector or commercial street rehabilitation project,the
assessment amount for the residential property shall be based on a 31-foot wide street.
ASSESSMENT PAYMENT OPTIONS
• Term for Reconstruction projects shall be 10 years.
• Term for Rehabilitation projects shall be 8 years.
• The interest rate of the assessment projects shall be the Wall Street Journal Prime Rate (at the date of the
assessment hearing) plus 2%.
REGULAR MAINTENANCE: Properties are not assessed
• Projects Include: Pothole filling, Patching, Cracksealing, Sealcoating
g:\eng\forms\assessments\assessment practice 111814.doc
I
Capital Improvement Program 2017 thru 2021 Department Street Improvements
1
City of Chanhassen, MN Contact Paul Oehme
Project# ST-012 Type .Improvement
Project Name Useful Life Unassigned
jAnnual Street Improvement ProgramCategory Streets/Highways
Account#1 601-xxxx-4751 Account#3 Priority n/a
Account#2 Account#4
Description Total Project Cost: 530,680,000
Annual project to rehabilitate and reconstruct streets in the City. Current 5-year plan shows the following neighborhood areas:
0
2017-Minnewashta Manor area and Lake Susan Hills Drive area
MSA-Park Road and Park Place
2018-Orchard Lane area
MSA-Lake Drive East and Dakota Ave(Highway 5 to Lake Drive East)
IIP
2019-Choctaw area,Kurvers Point area and 96th Street
MSA-Minnewashta Parkway overlay and trail
2020-Chan View area
MSA-Lake Lucy Road(Highway 41 to Galpin Blvd)and trail
2021 -Stone Creek area and Ches Mar Drive
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.
IP
Prior Expenditures 2017 2018 2019 2020 2021 Total
16,405,0001 Construction 4,375,000 2,700,000 2,300,000 3,800,000 1,100,000 14,275,000
Total Total 4,375,000 2,700,000 2,300,000 3,800,000 1,100,000 14,275,000
Prior Funding Sources 2017 2018. 2019 2020 2021 Total
16,405,000 Assessment/Revolving 3,275,000 1,600,000 1,100,000 3,300,000 1,100,000 10,375,000
Assess Fund
Total MSA 1,100,000 1,100,000 1,200,000 500,000 3,900,000
Total 4,375,000 2,700,000 2,300,000 3,800,000 1,100,000 14,275,000
Budget Impact/Other
0
This project may decrease maintenance costs.
I
0
I
I
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88 I
4kVA,'I
LLE
1PAVIN
INCORPORATED
8800 13th AVENUE EAST
SHAKOPEE, MN 55379
PHONE (952) 445-8615
FAX (952) 445-0355
www.valleypaving.com
July 10, 2017
City of Chanhassen
Attn: Mr. Paul Oehme
7700 Market Boulevard
Chanhassen, MN 55317
Re: City Project 16-04: Park Road, Park Place Resurfacing Project
City of Chanhassen
Please find enclosed executed Contract, Payment/Performance Bond, Insurance
Certificate and all other requested documents for the above noted project, for further
process.
Should you have any questions or concerns, please contact our office at 952-445-8615
We thank you for the opportunity to work with you.
Office Manager
Encl. CITY OF CHANHASSEN
RECEU ED
JUL 1 3 2017
ENGINEERING DEPT
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100"t RECYC ABLE A VETERAN OWNED COMPANY
Affirmative Action/ Equal Opportunity Employer
CITY PROJECT 16-04:
PARK ROAD, PARK PLACE
RESURFACING
City of Chanhassen
Carver County, Minnesota
APRIL 10, 2017
Prepared for:
City of Chanhassen
7700 Market Boulevard, P.O. Box 147
Chanhassen, MN 55317
S.A.P. 194-127-001
WSB PROJECT NO. 1694-700
WSB
IFORM OF AGREEMENT
BETWEEN CITY OF CHANHASSEN AND CONTRACTOR
THIS AGREEMENT made this 26h da of June 2017 b and between the CITY F
Y Y O
CHANHASSEN, a Minnesota municipal corporation ("Owner") and Valley Paving, Inc.
("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;
IB. Specifications dated April 10, 2017;
C. City of Chanhassen General Conditions of the Construction Contract;
D. Bid dated May 9, 2017.
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 $856,210.45.
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.
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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 October 31, 2017,
and be ready for final completion and payment on or before June 14, 2018,
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:
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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
1 500
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.
r• 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
expressly required by the Bidding Documents, and safety precautions and
programs incident thereto.
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F. 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.
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) Unless 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.
(4) The Contractor shall bind every Subcontractor by the terms of the
Contract Documents.
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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.
S. 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
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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
Contractor shall reimburse the City for any cost of reasonable attorney's fees it may incur as a
result of any such claims.
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1 11. MISCELLANEOUS.
A. Terms used in this Agreement have the meanings stated in the General
Conditions.
F. 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
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
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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. Stat. 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 software licensing fees. The
Contractor shall also pay for all software 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.
F. 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
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
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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 LawNenue. 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.
J. 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
compensation for any construction delay resulting from the City's not
timely obtaining rights-of-way or easements.
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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 party may assign, sublet, or transfer any interest or
obligation in this Contract without the prior written consent of the other
party, 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 LawNenue. 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.
J. 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
compensation for any construction delay resulting from the City's not
timely obtaining rights-of-way or easements.
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L.
M. If the work is delayed or the sequencing of work is altered because of the
action or inaction of the Owner, 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
2015 General Conditions as they are represented in this document.
CITY OF CHANHASSEN
BY:
Dennyufenburger, Mayoto
BY -
Todd Gerhardt, City Manager
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VALLEY P VING, IN
BY:
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