Stormwater Pond Clean Out Award Contract and Purchase of Easement and Restoration0
CITY 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: 952.2271160
Fax: 952.227.1170
Finance
Phone: 952.227.1140
Fax: 952.227.1110
Park & Recreation
Phone: 952.2271120
Fax: 952.227.1110
Recreation Center
2310 Coulter Boulevard
Phone: 952.227.1400
Fax: 952.2271404
MEMORANDUM
TO: Paul Oehme, City Engineer /Public Works Director
FROM: Terry Jeffery, Water Resources Coordinator..
DATE: August 10, 2015
SUBJ: Stoi-mwater Pond Clean out at Audubon Road and Lincoln Lane:
• Award Contract to Minnesota Dirt Works for stormwater pond
improvement
• Authorization of purchase of drainage and utility easement and
temporary construction easement to Patrick and Teresa Kocourek
PROPOSED MOTION
"The City Council approves a quote and awards a contract for the pond cleanout
improvement to Minnesota Dirt Works in the amount of $59,462.75 and acquisition
of a permanent drainage and utility easement and a temporary construction
easement from Pat and Teresa Kocourek in the amount of $1,545.00."
City Council approval requires a simple majority vote of the City Council present.
BACKGROUND
Annually, the City inspects stormwater treatment ponds so these ponds are working
Planning & as designed. The stormwater treatment and north of Lincoln Lane and east of
Natural Resources g p
Phone: 952.227.1130 Audubon Road has filled in over the years with sediment and debris. This sediment
Fax: 952.227.1110 has formed a delta in the pond. Also, a gully has formed as a result of runoff from
Audubon Road. With the storm events of June, 2014, the gully increased
79fl1
901 is Works Park Place significantly in size. This project was placed in the Capital Improvement Plan budget
Phone: 952.227.1300 for 2015. This pond treats a portion of Audubon Road runoff however these ponds
Fax:952.227.1310 are the City's to maintain.
Senior Center BACKGROUND
Phone: 952.227.1125
Fax: 952.227.1110
The project in general will clean out the pond to the original pond size and fix the
Website gully that has formed on the side slope. Rip rap will also be placed at the outlet pipe
www.ci.chanhassen.mn.us to help reduce future scouring.
On April 2, 2015, quote packages were sent to Parrott Contracting, BIackstone
Contractors, Kusske Construction and Minnesota Dirt Works.
g:lenglswmp projectslswmp 19 2013 -01 liberty on bluff creek pond impslcommunication120150727 memo to po requesting
authorizoa tM$LvmimtadadmmMityifmrdiifevofkovi&44uckiday and Planning for Tomorrow
The quotes received are as follows:
Blackstone Contractors
$77,250.00
Kusske Construction
$67,731.50
Mimnesota Dirt Works
$59,462.75
Parrott Contracting
$65,796.00
Minnesota Dirt Works had the low quote. They have worked in Chanhassen previously on the West
Central Lotus Lake Drainage Improvement Project and their work product was good. The work will
commence in the fall of 2015 with substantial completion by December 31, 2015. Restoration will
occur in the spring of 2016 when conditions allow.
In October of 2014, staff contacted the property owner that separates Audubon Road and the City -
owned pond. An on -site meeting was held in the winter to discuss acquisition of easement for
extension of the storm sewer to the pond. Staff left that meeting with the belief that all parties were
in agreement that an easement was needed and achievable. After extensive negotiation, the attached
Grant of Easement and consideration was agreed to by staff and the property owners.
The agreement calls for the Kocoureks to be compensated $1,545.00 by the City for the acquisition
of the permanent drainage and utility easement as well as the temporary construction easement. This
acquisition will be funded with $525.00 from the Project CIP SWMP -050 Audubon Road Storm
Sewer Outfall Improvement and the remaining $1,020.00 from Fund 720 - 0000 -4300 Fees for
Services. There are contingencies within the bid that may be available for land acquisition.
Attachments: Easement Document
Resolution
CIP Sheet SWMP -050
.Aen&wmp projectsiswmp 19 2013 -01 liberty on bluff creek pond impslcommunicatiW20150727 _memo to po requesting authorization of easement
and award to mn dirt works rev I.doex
GRANT OF PERMANENT AND TEMPORARY EASEMENT
PATRICK KOCOUREK AND TERESA KOCOUREK, husband and wife, "Grantors ",
in consideration of one thousand five hundred forty five Dollars ($1,545.00) and other good and
valuable consideration, the receipt and sufficiency of which is hereby acknowledged, do hereby
grant unto the CITY OF CHANHASSEN, a Minnesota municipal corporation, the Grantee,
hereinafter referred to as the "City," its successors and assigns, the following easements:
1. A permanent easement for public drainage including underground drainage piping
over, across, on, under, and through land situated within the County of Carver, State of Minnesota,
as legally described on the attached Exhibit "A" and depicted on Exhibit "B ", including the rights of
the City, its contractors, agents, servants, and assigns, to enter upon the permanent easement
premises at all reasonable times to construct, reconstruct, inspect, repair, and maintain said public
drainage over, across, on, under, and through the permanent easement premises, together with the
right to grade, level, fill, drain and excavate the permanent easement premises, and the further right
to remove trees, bushes, undergrowth, and other obstructions interfering with the location,
construction, and maintenance of said public drainage and utility easements.
2. A temporary construction easement over, across, on, under, and through the land
situated in the County of Carver, State of Minnesota, as legally described on the attached Exhibit
"A" and depicted on the attached Exhibit "B ". To have and to hold the same, unto the City, its
contractors, agents, servants and assigns, commencing on July,,, 2015 and expiring AL11,)L1S1441 -
1, 2016. During this period having the right of ingress to and egress from the temporary casement
179208v2
premises, for the purpose of constructing, reconstructing, inspecting, repairing, and maintaining the
property of the City, at the will of the City, its successors and assigns in connection with the
construction of City Project No. SWMP 19: 2013 -01. Grantors hereby grant the uses herein
specified without divesting themselves of the right to use and enjoy the above described temporary
easement premises, subject only to the right of the City to use the same for the purposes and time
herein expressed. As a condition of said temporary construction easement grant, the City shall,
upon completion of construction and prior to termination, restore the ground surface of the
temporary construction easement premises to its original condition so far as is reasonably
practicable with the exception of any grade changes, bank sloping, ditching, fills, slope
construction, cuts and any removal of earth, other materials, trees and other vegetation.
The above named Grantors, for themselves, their successors and assigns, do covenant with
the City, its successors and assigns, that they are well seized in fee title of the above described
easement premises; that they have the sole right to grant and convey the easements to the City; and
that, to their knowledge, there are no unrecorded interests in the easement premises..
3. If the City destroys any trees or shrubbery during construction of the easement, the
City shall replace any such tree {s} or shrubbery with like kind.
4. The City may not specially assess the Grantors property for City Project No.
SWMP 19:2013-01.
IN TESTIMONY WHEREOF, the Grantors hereto have signed this document this
day of J w l ! , 2015.
GRANTORS:
Patrick Vocour& _
Teresa Kocourek
179208v2 2
STATE OF MINNESOTA )
) ss.
COUNTY" OF CARVER )
The foregoing instrument was acknowledged before me this /
2015, by Patrick Kocourek an husl
ft
STATE OF MINNESOTA )
ss.
COUNTY OF CARVER )
ae1w.11-0
day of
CITY OF CHANHASSEN
M
AND:
and wife, Grantors.
Denny Laufenburger, Mayor
Todd Gerhardt, City Manager
The foregoing instrument was acknowledged before me this day of ,
2015, by Denny Laufenburger, Mayor, and by Todd Gerhardt, City Manager, of the City of
Chanhassen, a Minnesota municipal corporation, on behalf of the corporation and pursuant to the
authority granted by its City Council.
NOTARY PUBLIC
THIS INSTRUMENT WAS DRAFTED BY:
CAMPBELL KNUTSON
Professional 14ssociation
317 Eagandale Office Center
1380 Corporate Center Curve
Eagan, MN 55121
Telephone: 651 - 452 -5000
17920M
AMP /cjh
179208v2 4
EXHIBIT A
TO
GRANT OF PERMANENT AND TEMPORARY EASEMENT
A 20.00 foot permanent easement for drainage and utility purposes over, under, and across that part
of the Northwest Quarter of Section 27, Township 116, Range 23, Carver County, Minnesota, the
centerline of said permanent easement is described as follows:
Commencing at the Northeast Corner of said Northwest Quarter; thence South 00 degrees
31 minutes 51 seconds East, assumed bearing along the east line thereof, 273.34 feet to the
point of beginning of said line to be hereinafter described; thence South 71 degrees 26
minutes 13 seconds West, 51.59 feet more or less to the east line of County State Aid
Highway 15, also known as Audubon Road, and there terminating. The sideline of said
easement are to be prolonged or shortened to end on the east line of said Northwest Quarter
and the easterly right of way line of said County State Aid Highway 15.
Together with temporary easements for construction purposes, 10.00 feet in width and adjacent to
the north and south lines of said 20.00 foot permanent easement. The sideline of said easement are
to be prolonged or shortened to end on the east line of said Northwest Quarter and the easterly right
of way line of said County State Aid Highway 15, also known as Audubon Road.
Said temporary easements will commence on July 1, 2015 and expire on July 1, 2016.
179208v2
MORTGAGE HOLDER CONSENT
TO
GRANT OF PERMANENT AND TEMPORARY EASEMENT
AMERICAN INVESTORS BANK AND MORTGAGE, a Minnesota corporation,
which holds a mortgage on all or part of the property more particularly described in the foregoing
Grant of Permanent and Temporary Easement, which mortgage is dated December 9, 2011 and
recorded January 3, 2012, as Document No. A547710 with the office of the County Recorder,
Carver County, Minnesota, for good and valuable consideration, the receipt and sufficiency of
which is hereby acknowledged, does hereby join in, consent, and is subject to the foregoing Grant
of Permanent and Temporary Easement.
AMERICAN INVESTORS BANK
AND MORTGAGE
By:
lts
And
Its
STATE OF MINNESOTA )
)55.
COUNTY OF )
The foregoing instrument was acknowledged before me this
2015, by and
and
[print name]
[print name]
day of ,
respectively the
of American Investors
Bank and Mortgage, a Minnesota corporation, on behalf of said corporation.
Notary Public
DRAFTED BY:
Campbell Knutson
Professional Association
317 Eagandale Office Center
1380 Corporate Center Curve
Eagan, Minnesota 55121
Telephone: (651) 452 -5000
AMP /cjh
17920av2
NORTH QUARTER
CORNER SEC, 27,
POINT OF
COMMENCEMENT TWN. 116, RNG 23
EAST RIGHT OF WAY LINE
OWNER:
F
_
PERMANENT EASEMENT: 1430 SQFT
PATRICK KOCOUREK
C.S.A,H. 151AUDUSON ROAD
Lu
PID:
M
C
-]
TEMPORARY EASEMENT: 1031 SQFT
I,
r'
G
ADDRESS:
9401 AUDUBON ROAD
C)
CHANHASSEN, MN 55317
!►
�"�
701 %ends Avenue South, State 700
cn
Parcel 1 Sketch
l/WW[SQ
��/ap
Minneapdhs, MN 55418
Mpdt, 6arq.mm
Drainage and Utility Easement
EAST LINE OF THE
g
n
Chanhassen, Minnesota
NORTHWEST QUARTER
November 18, 2094 Project No: 1694 -650
q
I
�G
p
10'TEMPORARY
EASEMENT
PROPOSED
STORM SEWER
vp
,
10.00'
POINT OF BEGINNING
POINT OF
10.00' S�� „� 10.00'
TERMINATION
f
10,00'
10'TEMPORARY
f'f
EASEMENT
� � f
OWNER:
F
_
PERMANENT EASEMENT: 1430 SQFT
PATRICK KOCOUREK
PID:
250270300
C
-]
TEMPORARY EASEMENT: 1031 SQFT
i _
o ,o zo
ADDRESS:
9401 AUDUBON ROAD
CHANHASSEN, MN 55317
!►
�"�
701 %ends Avenue South, State 700
Parcel 1 Sketch
l/WW[SQ
��/ap
Minneapdhs, MN 55418
Mpdt, 6arq.mm
Drainage and Utility Easement
g
Chanhassen, Minnesota
November 18, 2094 Project No: 1694 -650
CITY OF CHANHASSEN
CARVER AND HENNEPIN COUNTIES, MINNESOTA
DATE: August 1.0, 201-5 RESOLUTION NO: 201 --XX
MOTION BY:
SECONDED BY:
A RESOLUTION ACCEPTING QUOTE AND AWARDING
CONTRACT FOR THE STORMWATER POND CLEAN OUT AT
AUDUBON ROAD AND LINCOLN LANE
SWMP -19- 2013 -01
WHEREAS, pursuant to a request for quotes for the stormmwater pond clean out at Audubon
Road and Lincoln Lane, four quotes were received and opened. The quotes are as follows:
Blackstone Contractors
$77,250.00
Kusske Construction
$67,731.50
Minnesota Dirt Works
$59,462.75
Parrott Contracting
$65,796.00
AND WHEREAS, Minnesota Dirt Works submitted the lowest responsible quote with a total
amount of $59,462.75.
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 Minnesota
Dirt Works in the name of the City of Chanhassen for Stormwater Pond Clean Out at Audubon
Road and Lincoln Lane 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 10" day of August, 2015.
ATTEST:
Todd Gerhardt, City Manager
Denny Laufenburger, Mayor
YES NO ABSENT
Projects By Funding Source
City of Chanhassen, MN
2015 thru 2019
Project # SWMP -050
Project Name Audubon Road Stormsewer Outfall Improvement
Account #1 720 -7025
Account #2
Account #3
Account #4
Department
Surface Water Management
Contact
PaulOehme
Type
Improvement
Useful Life
60,000
2015 2016
Category
SWMP
Priority
nla
Description Total Project Cost: $60,000
This project will install 225 feet of storm sewer, a sump manhole and a SAFL Baffle to repair a severe gully that has formed and increase the
lifecycle of the downstream pond. This stormsewer was installed when Audubon Road was installed. The stonnwater drains into a pond that was
constructed with the Liberty on Bluff Creek development.
Justification
-his gully is likely to expose an 8 inch forcemain gas line and has been depositing significant quantities of sediment into a stormwater detention
pond thus decreasing its water quality benefits as well as flood attenuation and rate control benefits.
Expenditures
2015 2016
2017 2018 2019 Total
Maintenance
60,000
60,000
Total
Funding Sources
60,000
2015 2016
60,000
2017 2018 2019 Total
Surface Water Utility Fund
60,000
60,000
Total
60,000
60,000
Budget Impact/Other
:Jtility crews will need to regularly inspect and clean sump manhole.
108
FORM OF AGREEMENT
BETWEEN CITY OF CHANHASSEN AND CONTRACTOR
THIS AGREEMENT, made this I Oth day of August, 2015, by and between the CITY
OF CHANHASSEN, a Minnesota municipal corporation ( "Owner ") and MINNESOTA DIRT
WORKS ( "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 April 2, 2015;
C. City of Chanhassen General Conditions of the Construction Contract;
D. Quote/Bid dated April 24, 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 Fifty Nine Thousand Four Hundred
Sixty Two and 75/100 ($59,462.75).
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 `/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 commence any time after September 1, 2015 provided
adequate notice is given to procure permit for work in Carver County
Right -of -Way and must be substantially completed by December 31,
2015, and completed and ready for final payment in accordance with the
General Conditions by December 31, 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:
2
»5ss1vl
TABLE 1807 -1
SCHEDULE OF LIQUIDATED
DAMAGES
Original Contract Amount
Charge
Per Cal.
Day
M
From More Than
M
To and Including
M
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
3
175881vi
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.
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
175881v]
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
6
175881vi
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
7
»sasivi
CITY OF CE
BY:�
Denny
BY: /"^-
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.
MINNESOTA D T RKS
BY:
Its rs�► Cn
ftu
dd Gerhardt, City Manager Its
8
»s8sivi
FORM OF AGREEMENT
BETWEEN CITY OF CHANHASSEN AND CONTRACTOR
THIS AGREEMENT, made this 8th day of September, 2015, by and between the CITY
OF CHANHASSEN, a Minnesota municipal corporation ( "Owner ") and PRAIRIE
RESTORATIONS, 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;
B. Request for Quote dated August 14, 2015;
C. City of Chanhassen General Conditions of the Construction Contract;
D. Quote/Bid dated September 3, 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 Seven Thousand Four Hundred Ten
and 00 /100 ($7,410.00).
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
i758sivi
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 according to the schedule of activities
included in the Request for Quote.
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 $ 75 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
1758810
TABLE 1807 -1
SCHEDULE OF LIQUIDATED
DAMAGES
Original Contract Amount
Charge
Per Cal.
Day
$
From More Than
M
To and Including
N
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
3
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.
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.
4
»ssgivi
(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:
Property Damage:
$2,000,000 each occurrence
$2,000,000 aggregate products and
completed operations
$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
»sss1vl
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
6
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 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.
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
7
1758810
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 CH 1 SSEN PRAIRIE RESTO TIONS, INC.
B BY:
effery Its !iy 71, 9`o A PC Lk) N 1 lZ' n 04A"�. t,
Its: a Resources Coordinator
RUM
8
i7sssivi
Its