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2015 Sealcoating Project Bid AwardCITY OF CHANHASSEN 7700 Market Boulevard PO Box 147 Chanhassen, MN 55317 Administration Phone.- 952.227.1100 Fax- 952.227.1110 Building Inspections Phone.- 952.227.1180 Fax- 952.227.1190 Engineering Phone: 952.227.1160 Fax: 952.227.1170 Finance Phone: 952.227.1140 Fax- 952.227.1110 MEMORANDUM 6 TO: Paul Oehme, Director of Public Works/City Engineer I -It FROM: Stephanie Smith, Project Engineer %00 DATE: April 13, 2015 SUBJ*- 2015 Sealcoat Program, Project No. 15-04: Accept Bids and Award Contract PROPOSED MOTION The City Council approval a resolution accepting bids and awarding a contract for the 2015 Sealcoat Program to Allied Blacktop Company for roadway sealcoating in the amount of $194,526.44." City Council approval requires a simple majority vote of the City Council present. Park & Recreation Phone- 952.227.1120 BACKGROUND Fax.- 952.227.1110 Annually, the City has completed a sealcoat project to extend the life of its streets and Recreation Center parking lots. Streets and parking lots recommended for sealcoating this year were2310CoulterBoulevardidentifiedwiththePavementManagementProgramandareshownontheattachedPhone- 952.227.1400 Fax- 952.227.1404 maps. Staff visited each street and visually reviewed the streets' condition to confirm maintenance is required. Planning & Natural Resources DISCUSSION Phone- 952.227.1130 Fax- 952.227.1110 A sealcoat program is a cost-effective tool to protect the capital asset of a street and Public Works extend the life of the street system. Sealcoating is the application of asphalt emulsion 7901 Park Place followed immediately with an aggregate cover. Sealcoating of streets is beneficial Phone: 952.227.1300 because it can: Fax: 952.227.1310 Senior Center Delay or eliminate further aging of pavement due to water and sun. Phone- 952.227.1125• Seals to provide a moisture barrier. Fax- 952.227.1110 Fills in raveled pavement areas. Enriches under -asphalt pavement. Website Seals cracks temporary or permanently. www.ci.chanhassen.mn.us Performs minor leveling. Restores surface friction to improve wheel grip. Economically prolongs the life of existing pavements. Chanhassen is a Community for Life - Providing for Today and Planning for Tomorrow Paul Oehme 2015 Sealcoat Program: Award Contract April 13, 2015 Page 2 It is estimated that a sealcoat application extends the life of pavement from three to six years at a fraction of the cost of street rehabilitation or bituminous overlay projects. It is, therefore, more cost effective to sealcoat roadways when fewer pavement distresses are present versus letting the pavement deteriorate until major, costly rehabilitation or reconstruction projects are required. BIDS On April 2, 2015, bids were received for the 2015 Sealcoat Program, Project No. 15-04. Bid amounts for the project are shown below. Base Bid Engineer's Estimate $208,920.46 Allied Blacktop Company $1941,526.44 Pearson Bros., Inc. $203,574.40 Allied Blacktop has completed previous projects in the city of Chanhassen. Their past work has been acceptable. Sealcoating activities will tentatively start on July 13, 2015 with a completion date of August 28, 2015. Notifications to all affected property owners will be sent out prior to work commencing. This project was budgeted for 2015 in the CIP Pavement Management (ST -018). The remaining funds in this budget item are used for in-house projects such pothole patching, curb repairs, sidewalk repairs, and other miscellaneous street and trail repairs. Attachment: 1. Resolution 2. CIP Page 3. Project Map c: Charlie Burke, Street Superintendent g:\eng\sealcoat\2015\communication\150413-cc-award contract memo.doc CITY OF CHANHASSEN CARVER AND HENNEPIN COUNTIES, MINNESOTA DATE: April 13, 2015 RESOLUTION NO: 2015 -XX I SECONDED BY: A RESOLUTION ACCEPTING BIDS AND AWARDING CONTRACT FOR THE 2015 SEALOCAT PROGRAM, PROJECT NO. 15-04 WHEREAS, pursuant to an advertisement for bids for the 2015 Sealcoat Program, bids were received, opened and tabulated according to law, and the following bids were received complying with the advertisement: Base Bid Engineer's Estimate $208,920.46 Allied Blacktop Company $194,526.44 Pearson Bros., Inc. $203,574.40 AND WHEREAS, it appears that Allied Blacktop Company is the lowest responsible bidder. NOW9 THEREFORE, BE IT RESOLVED by the City Council of the City of Chanhassen-, 1. Tilia Mn%Tn-r and -LoA7 ni-,a hereby -4 to enter n-ito a contract w!VnA'.' Am'.16 jLo-,;,ed aj,,4 d----,,,,4yauthorized1z_J L ju directedM;U Allied Blacktop Company in the name of the City of Chanhassen for the 2015 Sealcoat Program, Project No. 15-04 according to the plans and specifications on file in the office of the City Engineer. 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 successfLfl bidder and the next lowest bidder shall be retained unto a contract has been signed. Passed and adopted by the Chanhassen City Council this 13th day of April, 2015. ATTEST: Todd Gerhardt, City Manager Denny Laufenburger, Mayor YES NO ABSENT Projects BY Fund' 2015 thru 2019 Department Street Improvements City of Chanhassen, Contact Paul Oehme Project # ST -018 Type Maintenance Project NameUseful Life 7-10 yearsPavementManagement Category Streets/Highways Account #1 420-0000-4751 Account #3 Priority n/a L Account #2 Account #4 Description Total Project Cost: $3,275,000 This project will provide maintenance such as crack sealing, seal -coating, pothole patching, replacement of curb and gutter and sidewalk repairs forCitystreets. Seal -coat projects will be determined annually based on the pavement condition index as generated b the pavement p Y p managementagmentprogram. The street department uses this funding source to pay for bituminous material for annual street patching. Justification This will provide a centralized funding mechanism that will help reduce the effect on General Fund operating expenditures. Prior Expenditures 1AJ5.0,0001 2015 2016 2017 2018 2019 Total Maintenance 285,000 285,000 285,000 100,000 285,000 285,000 11425,000 Total Total 285,000 285,000 285.000 285_nnn ,AS nnn 4 A'C nnn Prior Funding Sources 2015 2016 2017 2018 2019 Total 11850,000 Street Pavement Management 100,000 100,000 100,000 100,000 100,000 500,000 Total Tax Levy 185,000 185,000 185,000 185,000 185,000 9251000 Total 285,000 285,000 285,000 285,000 285,000 11425,000 budget hnpact/Other 411 These improvements will cost effectively prolong the life of the street so major improvements such as reconstructionro'ectsp can be delayed. 89 City of Chanhassen 2015 Sealcoat Map FA -2 w/CRS 2P FA -2 w/CRS 2 March 17, 2015 ke DO,/ tyman Blvd (CSA, H 18) X Minnewashta U Regional 4z Park i.ghpver Crt z 0 CD County Park) CD APhesa) H ig ve, filar ksxt. H onar Hill 4--L One g 7 I boach CourtPark2boach- Lane 0 3 Coach Place 4 Coach Dr ac6n 5 Villa e Street CnCort 6 Village PlaceW 41 7 Arboretum Village TO Riog" -ew P I"n'tL L 4ArboretumVIlaae1N- 167 04 3 Burlwood Dr 4 Dr hanha's's fills Wk LEI CU 0 D a Rice Marsh Lake Susan Lake Park OHW 881.8 Rice m tet- i Marsh Lake7, OHW877.0 Hil e re, i4! 1 P", 2 if I Cheste eld Ln o ; —r-- i x Riley CO Ridge ro Park Cloud \Joleen\Projects\CJ50Sealcoat\2015 Sealcoat Map.mxd Nl un. S, l C: le% It Tif CL CL SamCL n SO % uoqnpnV V Lo WinLo- w v 4) Q cc J Mj m . a 0 E E J 0) .. 0 m c Woo. 00- 0 E ei E 0 4) 0z' m OZ 00- 120 E MW " Iml s* 10 0 c si 0 V Mo 2 1 tal2u UL U. C) T- 04 mlqoww r*- to 0) 0 I,-- co m C14 Mi I' M CL 4 M 0 W V- 4 FORM OF AGREEMENT BETWEEN CITY OF CHANHASSEN AND CONTRACTOR THIS AGREEMENT, made this 13d day of April, 2015, by and between the CITY OF CHANHASSEN, a Minnesota municipal corporation ( "Owner ") and ALLIED BLACKTOP 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 March, 2015; C. City of Chanhassen General Conditions of the Construction Contract; D. Quote/Bid dated April 2, 2015 for the 2015 Sealcoat Project 15 -04. 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 One Hundred Ninety Four Thousand Five Hundred Twenty Six Dollars and 44/100 ($194,526.44). 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 175881v1 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 % 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 5100.00 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. Star. § 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, O,iner shall pay the remainder of the Contract Price as recommended by Engineer. 5. COMPLETION DATE /LIQUIDATED DAMAGES. A. The Work must be completed on or before August 28, 2015 and ready for final payment in accordance with the General Conditions. B. Contract and Owner recognize that time is of the essence of this Agreement and that Owner,.ill 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 S $500.00 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 175881%1 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-'222!222 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 175881v1 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. 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 an,, contractual relation between the Owner, the Engineer, and any Subcontractor. 4 1758810 (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 patty 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 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 continuine 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 1758810 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. 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 175881v1 CITY t7sss1vi compensation for any construction delay resulting from the City's not timely obtaining rights -of --v ay or casements. 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 an}.- other compensation. ALLIED BLACKTOP COMPANY: Denn ufe ur'er, Mayor odd Gerhardt, City Manager Its