Rice Marsh Lake Trail Replacement Quoteb-11
9
CITY OF MEMORANDUM
C'°"" °" SE TO: Todd Gerhardt, City Manager
7700 Market Boulevard
PO Box 147 FROM: Paul Oehme, Director of Public Works /City Engineer`
Chanhassen, MN 55317
DATE: July 27, 2015
Administration
Phone: 9
Administration
SUBJ: Approve Quote for Rice Marsh Lake Trail Replacement from Highway 101 to
Fax: 952.227.1110 the Eden Prairie City Limits
Building Inspections
Phone: 952.227.1180
Fax: 952.227.1190
Engineering
Phone: 952.227.1160
Fax: 952.227.1170
PROPOSED MOTION
The City Council approves quote from Park Construction Company in the amount of
99,120.00 for replacement of Rice Marsh Lake Trail from Highway 101 to the Eden Prairie
City Limits."
City Council approval requires a simple majority vote of the City Council present.
Finance
Phone: 952.227.1140 DISCUSSION
Fax: 952.227.1110
The Rice Marsh Lake Trail section from Highway 101 to the Eden Prairie City Limits is 23 years
Park & Recreation old and in need of replacement. With the new trail loop in Eden Prairie and Chanhassen now
Phone. 952.227.1120 constructed, this trail segment should be replaced so the entire trail loop is in good condition.
Fax: 952.227.1110
Staff has reviewed the trail condition and recommends the trail be reclaimed or ground up, the
Recreation Center reclaimed material be left on site to be used as base aggregate, and the trail be repaved with 3" of
2310 Coulter Boulevard
bituminous mix. Once the paving of the new trail is complete, topsoil will be spread along thePhone: 952.2 0
trail edge and the disturbed areas seeded. This trail segment length is 3,830'.
Fax: 952.2277.1404 .1404
Planning & Staff solicited quotes for replacement of the trail. Below are the quotes received:
Natural Resources
Phone: 952.227.1130 GMH Asphalt Corporation $ 112,448.80
Fax: 952.227.1110 Park Construction Co. $ 99,120.00
Public Works Both contractors propose to reclaim the bituminous trail in place and use the millings for
7901 Park Place additional aggregate base. Park Construction Co. included $7,200 in their quote for imported
Phone: 952.227.1300 aggregate in case soft areas of the trail need to be corrected. Park Construction is currently
Fax: 952.227.1310 working on the Kerber Boulevard Street Improvements.
Senior Center Both quotes did not include restoration. Restoration of the disturbed areas will be the
Phone: 952.227.1125 responsibility of City staff to complete.
Fax: 952.227.1110
Funding for the trail improvements is proposed from this year's revolving assessment budgeted
www.ci.chanhassen.rnn.us
funds not used on the Carver Beach project. The Carver Beach project funds budget using the
revolving assessment funds were under budget by over $400,000.
Attachment: Map
Resolution
Chanhassen is a Community for Life - Providing for Todayand Planning for Tomorrow
Paul Oehme
Well No. 15: Award Construction Contract
February 9, 2015
Page 2
Trail Improvement Location Map
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CITY OF CHANHASSEN
CARVER AND HENNEPIN COUNTIES, MINNESOTA
DATE: July 27, 2015 RESOLUTION NO: 2015 -XX
MOTION BY: SECONDED BY:
A RESOLUTION ACCEPTING QUOTES AND AWARDING CONTRACT
FOR THE RICE MARSH LAKE TRAIL REPLACEMENT FROM HIGHWAY
101 TO THE EDEN PRAIRIE CITY LIMITS
WHEREAS, pursuant to a request for quotes for the Rice Marsh Lake Trail Replacement from
Highway 101 to the Eden Prairie City Limits, two quotes were received and opened. The quotes are as
follows:
Bidder Total Bid
1. GMG Asphalt Corporation $112,448.80
2. Park Construction Company $ 99,120.00
AND WHEREAS, Park Construction Company is the lowest responsible quoter with a total
quote amount of $99,120.00.
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 Park
Construction Company in the name of the City of Chanhassen for the Rice Marsh Lake Trail
Replacement from Highway 101 to the Eden Prairie City Limits 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 27`x' day of July, 2015.
ATTEST:
Todd Gerhardt, City Manager Denny Laufenburger, Mayor
YES NO ABSENT
FORM OF AGREEMENT
BETWEEN CITY OF CHANHASSEN AND CONTRACTOR
THIS AGREEMENT, made this 27th day of July, 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 23, 2015;
C. City of Chanhassen General Conditions of the Construction Contract;
D. Quote dated July 9, 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 Ninety Nine Thousand One Hundred
Twenty Dollars and 00 /100 ($99,120.00).
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
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within ten (10) days of the Contractor's receipt of payment from
the City for undisputed services provided by the subcontractor.
The Contractor must pay interest of 1 '/Z 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 completed within Fifteen (15) days after work start and
must be substantially completed by October 15, 2015.
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 $250.00 for each calendar day that
expires after the time specified in Paragraph 5.A. for Completion until the
Work is complete.
Daily costs are based on MnDOT Table 1807 -1, "Schedule of Liquidated
Damages as follows:
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TABLE 1807 -1
SCHEDULE OF LIQUIDATED
DAMAGES
Original Contract Amount
Charge
Per Cal.
Day
($)
From More Than
$
To and Including
($)
0
25,000
75
25,000
50,000
125
50,000
100,000
250
100,000
500,000
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
1 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
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expressly required by the Bidding Documents, and safety precautions and
programs incident thereto.
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.
I. 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.
J. 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.
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(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
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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. 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
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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 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
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compensation for any construction delay resulting from the City's not
timely obtaining rights -of -way or easements.
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.
CITY OF CHANHAS EN PARK CONSTRUCTIQY COMPANY
BY: BY: I Christianson
Denny L ufenbu er Mayo Its W Vice President
BY: BY:
dd Gerhardt, City Manager Its
John Hedquist
VP /CFO /SEC
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