10083 Great Plains Boulevard Slope Stabilization Project PW116D: Accept Bids and Award Contract; Approve Easement Agreements. 1110 -4-
CITY OF MEMORANDUM
CHANHASSEN TO: Paul Oehme, Director of Public Works/City Engineer
7700 Market Boulevard
PO Box 147 FROM: Alyson Fauske, Assistant City Engineer 01-
Chanhassen,MN 55317 ,gyp
DATE: November 28, 2016
Administration
Phone:952.227.1100 SUBJ: 10083 Great Plains Boulevard Slope Stabilization Project: Accept
Fax:952.227.1110 Bids and Award Contract State Grant Agreement No. A-HMGP-
Building Inspections DR4182-CHANHASCI-008
Phone:952.227.1180
Fax:952.227.1190 PROPOSED MOTION
Engineering
Phone:9522271160 "The City Council adopts the attached resolution accepting the bids and awards
Fax:952.227.1170 the contract for the 10083 Great Plains Boulevard Slope Stabilization Project to
Dryden Excavating in the amount of$175,999.19; and
Finance
Phone:952.227.1140 Approves the Easement Agreements for PIDs 25025390 and 251510020."
Fax:952.227.1110
Park&Recreation City Council approval requires a simple majority vote of the City Council
Phone:952.227.1120 present.
Fax:952.227.1110
Recreation Center BACKGROUND
2310 Coulter Boulevard
Phone:952.227.1400 During a storm on June 19, 2014, the City received five inches of rain over about
Fax:952.227.1404 a six-hour period.
Planning&
Natural Resources On June 23, 2014, Gaye Guyton notified the City about a slope failure on her
Phone:952.227.1130 property located at 10083 Great Plains Boulevard. To mitigate the failure, a slope
Fax:952.227.1110 stabilization project is necessary. Federal funds are available for such projects
and cover up to 75% of the project cost. In order to receive Federal funding, the
Public Works City must sponsor the project.
7901 Park Place
Phone:952.2271300 At the May 26, 2015 meeting,the City Council approved a Resolution of Support
Fax:952.227.1310
for a Federal and State Funding Grant for the slope failure.
Senior Center
Phone:952.227.1125 On June 13, 2016, the City Council approved Grant Agreement No. A-HMGP-
Fax:952.227.1110 DR4182-CHANHASCI-008 with the Minnesota Department of Public Safety, a
Cost Share Agreement with Gaye Guyton, and a$59,930 engineering services
Website contract with Barr Engineering. The agreement with Gaye Guyton was amended
www.ci.chanhassen.mn.us on July 11, 2016,
\\cfs5\cfs5\shared_data\eng\public\pwl 16d 2014 storm event\10083 great plains\staff reports\20161128 accept bids and
award Ghanked&ea is a Community for Life-Providing for Today and Planning for Tomorrow
10083 Great Plains Blvd Slope Stabilization
November 28,2016
Page 2
PROJECT SUMMARY
The project includes placing fill within the channel to stabilize the slope. Storm sewer is
proposed to be installed to direct storm runoff down the slope and into a surge basin. Easements
necessary for the installation have been signed by the appropriate parties.
PROJECT COST AND FUNDING
The City acquired funding from the Federal Emergency Management Agency(FEMA) that
covers 75% of the project cost. Under the agreement, the remaining 25% of the project cost is
the City's responsibility; on July 11, 2016 the City entered into a cost share agreement with the
affected property owner such that no city funds will be used for the project.
The construction budget per the FEMA application is $225,000.
BID OPENING/AWARD OF CONTRACT
Bids were received, opened and read out loud on Monday, October 17, 2016 at 10:00 a.m. Nine
bids were received. The lowest responsible bidder is Dryden Excavating with a bid amount of
$175,999.19. The bids have been tabulated and checked for errors and are summarized below:
Bidder Total Bid
1. Dryden Excavating $175,999.19
2. Minger Construction Company, Inc. $200,557.30
3. Fitzgerald Excavating & Trucking, Inc. $211,718.00
4. Rachel Contracting $224,992.40
5. SM Hentges & Sons, Inc. $227,407.80
6. Friedges Contracting Company, LLC $255,755.00
7. Park Construction Company $263,527.95
8. Veit& Company, Inc. $264,645.50
9. Blackstone Contractors, LLC $272,640.50
The City's engineering consultant has worked with Dryden Excavating on previous projects of
this nature and finds that their work is acceptable.
SCHEDULE
Work begins December, 2016
Project completion July 1, 2017
Attachments: 1. Resolution
2. Easements
g:\eng\public\pw116d 2014 storm event\10083 great plains\staff reports\20161128 accept bids and award contract.docx
CITY OF CHANHASSEN
CARVER AND HENNEPIN COUNTIES,MINNESOTA
DATE: November 28,2016 RESOLUTION NO: 2016-XX
MOTION BY: SECONDED BY:
A RESOLUTION ACCEPTING BIDS AND AWARDING A CONTRACT
FOR THE 10083 GREAT PLAINS BOULEVARD SLOPE STABILIZATION
(GAYE GUYTON) PROJECT,PW116D
WHEREAS,bids were received, opened and tabulated for the 10083 Great Plains Boulevard
Slope Stabilization(Gaye Guyton)Project. The following bids were received:
Bidder Total Bid
1. Dryden Excavating $175,999.19
2. Minger Construction Company, Inc. $200,557.30
3. Fitzgerald Excavating&Trucking, Inc. $211,718.00
4. Rachel Contracting $224,992.40
5. SM Hentges & Sons, Inc. $227,407.80
6. Friedges Contracting Company, LLC $255,755.00
7. Park Construction Company $263,527.95
8. Veit & Company, Inc. $264,645.50
9. Blackstone Contractors, LLC $272,640.50
AND WHEREAS,Dryden Excavating, Inc. submitted the lowest responsible bid with a total
bid amount of$175,999.19.
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 Dryden
Excavating, Inc. in the name of the City of Chanhassen for the 10083 Great Plains Boulevard
Slope Stabilization (Gaye Guyton)Project 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 28th day of November,2016.
ATTEST:
Todd Gerhardt, City Manager Denny Laufenburger, Mayor
YES NO ABSENT
(reserved for recording information)
GRANT OF PERMANENT EASEMENTS
MARY J. TEICH, a widow and not remarried person, hereinafter referred to as "Grantor",
in consideration of One Dollar ($1.00) and other good and valuable consideration, the receipt and
sufficiency of which is hereby acknowledged, does hereby grant unto the CITY OF
CHANHASSEN, a municipal corporation organized under the laws of the State of Minnesota, the
Grantee, hereinafter referred to as the "City", its successors and assigns, forever, permanent
easements for public drainage, utility and access purposes over, across, on, under, and through land
situated within the County of Carver, State of Minnesota, legally described on the attached Exhibit
"A" and depicted on the attached Exhibit"B".
INCLUDING the rights of the City, its contractors, agents, servants, and assigns, to enter
upon the easement premises at all reasonable times to construct, reconstruct, inspect, repair, and
maintain said public drainage, utility and access systems over, across, on, under, and through the
easement premises, together with the right to grade, level, fill, drain and excavate the easement
premises, and the further right to remove trees, bushes, undergrowth, and other obstructions
interfering with the access to, location, construction, and maintenance of said public drainage,utility
and access systems.
1
189651v1
V-03
The above named Grantor, for itself, its successors and assigns, does covenant with the City,
its successors and assigns, that she is well seized in fee title of the above described easement
premises; that she has the sole right to grant and convey the easements to the City; that there are no
unrecorded interests in the easement premises; and that it will indemnify and hold the City harmless
for any breach of the foregoing covenants.
Gam'
INS� TESTIMONY/ WHEREOF, the Grantor hereto has signed this easement this
3�sf
day of ,2016.
GRANTOR:
Mary J. Teich
STATE OF MINNESOTA )
)ss.
COUNTY OF CARVER )
The foregoing instrument was acknowledged before me this `j I day of
X64-vb,'r ,2016,by Mary J. Teich, a widow and not remarried person, Grantor.
Cern A AY_
No .ry Public
Drafted by:
CAMPBELL KNUTSON,P.A.
860 Blue Gentian Road, Suite 290 I 41;,, JEAN M. STECKLING
Eagan, MN 55121 ° , Notary Public-Minnesota
IP- My Commission Expkas Jan 31,2019
Telephone: 651-452-5000
[RNK]
2
189651v1
V-03
EXHIBIT"A"
TO
GRANT OF PERMANENT EASEMENTS
A 30.00 foot access easement over and across that part of the Southwest Quarter of Section 25,
Township 116,Range 23, Carver County,Minnesota. Said easement being southerly and westerly
of the following described line:
Commencing at the northwest corner of said Southwest Quarter;thence North 89 degrees 30
minutes 39 seconds East, assigned bearing, along the north line of said Southwest Quarter, 1279.23
feet to the centerline of State Highway No. 101;thence South 03 degrees 25 minutes 00 seconds
West 198.77 feet;thence southwesterly 401.01 feet along a tangential curve, concave to the
northwest,having a radius of 546.83 feet;thence South 45 degrees 26 minutes 00 seconds West
826.78 feet; thence South 23 degrees 51 minutes 00 seconds East 158.43 feet;thence South 89
degrees 08 minutes 00 seconds East 633.65 to the beginning of the line to be described; thence
continue South 89 degrees 08 minutes 00 seconds East 721.35 feet to the northwest corner of
Outlot C, GREAT PLAINS GOLF ESTATES;thence South 00 degrees 52 minutes 00 seconds
West, along the west line of said Outlot C,230.00 feet, and said line there terminating.
The sidelines of the easement are to be prolonged or shortened to terminate on the boundaries of
the encumbered parcels.
Together with a drainage and utility easement over and across that part of the Southwest Quarter of
Section 25,Township 116,Range 23, Carver County, Minnesota, further described as follows:
Beginning at the terminus of the above described line;thence North 89 degrees 08 minutes 00
seconds West 30.00 feet to the east line of Block 1, BURESH ADDITION; thence South 00
degrees 52 minutes 00 seconds West, along said east line,409.82 feet;thence South 66 degrees 01
minutes 11 seconds East 65.44 feet;thence South 17 degrees 40 minutes 17 seconds East 61.75
feet;thence North 75 degrees 21 minutes 43 seconds East 31.79 feet;thence North 11 degrees 27
minutes 49 seconds West 66.08 feet;thence North 07 degrees 56 minutes 24 seconds East 35.97
feet;thence North 23 degrees 46 minutes 22 seconds West 169.76 feet to the southwest corner of
Outlot C, GREAT PLAINS GOLF ESTATES;thence North 00 degrees 52 minutes 00 seconds
East, along the west line of said Outlot C,237.00 feet to the point of beginning.
189651v1
V-03
EXHIBIT"B"
TO
GRANT OF PERMANENT EASEMENTS
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(reserved for recording information)
GRANT OF PERMANENT EASEMENT
GAYE L. GUYTON, a single person, hereinafter referred to as "Grantor", in consideration
of One Dollar ($1.00) and other good and valuable consideration, the receipt and sufficiency of
which is hereby acknowledged, does hereby grant unto the CITY OF CHANHASSEN, a
municipal corporation organized under the laws of the State of Minnesota, the Grantee, hereinafter
referred to as the "City", its successors and assigns, forever, a permanent easement for public
drainage and utility purposes over, across, on,under, and through land situated within the County of
Carver, State of Minnesota, legally described on the attached Exhibit "A" and depicted on the
attached Exhibit"B".
INCLUDING the rights of the City, its contractors, agents, servants, and assigns, to enter
upon the easement premises at all reasonable times to construct, reconstruct, inspect, repair, and
maintain said public drainage and utility systems over, across, on, under, and through the easement
premises, together with the right to grade, level, fill, drain and excavate the easement premises, and
the further right to remove trees, bushes, undergrowth, and other obstructions interfering with the
access to,location, construction, and maintenance of said public drainage and utility systems.
1
189654v1
V-02
The above named Grantor, for herself, her successors and assigns, does covenant with the
City, its successors and assigns, that she is well seized in fee title of the above described easement
premises; that she has the sole right to grant and convey the easement to the City; that there are no
unrecorded interests in the easement premises; and that she will indemnify and hold the City
harmless for any breach of the foregoing covenants.
IN TESTIMONY WHEREOF, the Grantor hereto has signed this easement this 10
day of NJ +IhWul ,2016.
GRANTOR:
III 9
dl. Si
aye Guyton
STATE OF MINNESOTA )
)ss.
COUNTY OF CARVER )
The foregoing instrument was acknowledged before me this day of
Iv ovejm( ,2016,by Gaye L. Guyton, a single person, Grantor.
lJ �
Notary Public
Drafted by: /4.4 ANNE KATHRYN OBEREMBT
J1. Notary Public-Minnesota
CAMPBELL KNUTSON,P.A. �: 4'>>E My Commission Ex**.,a,31,2021
860 Blue Gentian Road, Suite 290
Eagan, MN 55121
Telephone: 651-452-5000
[RNK]
2
189654v1
V-02
EXHIBIT "A"
TO
GRANT OF PERMANENT EASEMENT
A drainage and utility easement over and across that part of the Lot 2, Block 1,BURESH
ADDITION, located in Section 25,Township 116, Range 23, Carver County, Minnesota, further
described as follows:
Commencing at the northwest corner of said Southwest Quarter;thence North 89 degrees 30
minutes 39 seconds East, assigned bearing, along the north line of said Southwest Quarter, 1279.23
feet to the centerline of State Highway No. 101; thence South 03 degrees 25 minutes 00 seconds
West 198.77 feet;thence southwesterly 401.01 feet along a tangential curve, concave to the
northwest,having a radius of 546.83 feet;thence South 45 degrees 26 minutes 00 seconds West
826.78 feet;thence South 23 degrees 51 minutes 00 seconds East 158.43 feet; thence South 89
degrees 08 minutes 00 seconds East 1325.00 feet;thence South 00 degrees 52 minutes 00 seconds
West 287.60 feet to the northeast corner of said Lot 2 and the point of beginning; thence South 42
degrees 16 minutes 33 seconds West, along the north line of said Lot 2, 91.49 feet; thence South 02
degrees 21 minutes 13 seconds East 80.69 feet;thence South 10 degrees 17 minutes 23 seconds
West 120.94 feet; thence South 16 degrees 58 minutes 37 seconds East 61.48 feet; thence South
65 degrees 15 minutes 26 seconds East 62.27 feet to the east line of said Lot 2; thence North 00
degrees 52 minutes 00 seconds East along said east line, 352.22 feet to the point of beginning.
189654v1
V-02
EXHIBIT "B"
TO
GRANT OF PERMANENT EASEMENT
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189654v1
V-02
MORTGAGE HOLDER CONSENT
TO
GRANT OF PERMANENT EASEMENT
MIN: 1002491-2000049388-7
MORTGAGE ELECTRONIC REGISTRATION SYSTEMS,INC.,a Delaware
corporation,as nominee for the Lender WELLS FARGO HOME MORTGAGE, a division of
Wells Fargo Bank NA, which holds a mortgage on all or part of the property more particularly
described in the foregoing Grant of Permanent Easement,which mortgage is dated December 28,
2012 and recorded January 8, 2013 as Document No. A569332 with the office of the County
Recorder for 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 Easement.
Dated this day of ,2016.
MORTGAGE ELECTRONIC
REGISTRATION SYSTEMS,INC.,
as nominee for the Lender
WELLS FARGO HOME MORTGAGE
By
Name:
Title:
STATE OF )
) ss.
COUNTY OF )
The foregoing instrument was acknowledged before me this day of
, 2016,by ,the of
Mortgage Electronic Registration Systems,Inc., a Delaware corporation, as nominee for the
Lender Wells Fargo Home Mortgage, a division of Wells Fargo Bank NA, on its behalf.
Notary Public
Drafted by:
CAMPBELL KNUTSON,P.A.
860 Blue Gentian Road, Suite 290
Eagan, MN 55121
Telephone: 651-452-5000
[RNK]
189654v1
V-02
MORTGAGE HOLDER CONSENT
TO
GRANT OF PERMANENT EASEMENT
WELLS FARGO BANK,N.A., a national banking association organized under the laws
of the United States, which holds a mortgage on all or part of the property more particularly
described in the foregoing Grant of Permanent Easement,which mortgage is dated August 6, 2014
and recorded August 22, 2014 as Document No. A598406 with the office of the County Recorder
for 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 Easement.
Dated this day of , 2016.
WELLS FARGO BANK, N.A.
By
Name:
Title:
STATE OF )
) ss.
COUNTY OF )
The foregoing instrument was acknowledged before me this day of
, 2016,by ,the of
Wells Fargo Bank,N.A., a national banking association organized under the laws of the United
States, on its behalf.
Notary Public
Drafted by:
CAMPBELL KNUTSON,P.A.
860 Blue Gentian Road, Suite 290
Eagan,MN 55121
Telephone: 651-452-5000
[RNK]
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V-02
NOTICE OF AWARD
CITY OF CHANHASSEN
SLOPE STABILIZATION PROJECT PW116d
10083 GREAT PLAINS BLVD,
CHANHASSEN, MINNESOTA
Dated.: November 29, 2016
OWNER: City of Chanhassen
TO CONTRACTOR: Dryden Excavating
6700 Viking Blvd
Nowthen, MN 55303
CONTRACT FOR: Slope Stabilization Project PW116d
Owner has requested that we notify you that your Bid dated October 17, 2016 has been accepted as
the successful Bidder and 2M4M Excavating has been awarded the contract to perform the Work.
The Contract Price is stated in the Agreement.
Dryden Excavating must comply with the following conditions precedent within fifteen (15) days of
the date of this Notice of Award, that is by December 14, 2016.
1. Return to Owner three fully executed counterparts of the Agreement (attached).
2. Performance and Payment Bond
3. Certificate of Insurance and endorsement(s)
Failure to comply with these conditions within the time specified will entitle Owner to consider your
bid in default, to annul this Notice of Award and to declare your Bid Security forfeited.
Em
OWNER: ,:f �• ,
. J
(AITHaR ZED SION_imi")
ACKNOWLEDGEMENT OF NOTICE
CO CTOR
By.
(ALMMR= SMWAWn)
(Tff LF.)
ia-I`�-��
(DATE)
END OF DOCUMENT 005100
!L'-6'Q'City of Chanhassen Notioe of Award
Slope Stabilization Project PW116d
005100 -1
FORM OF AGREEMENT
CITY OF CHANHASSEN
SLOPE STABILIZATION PROJECT PW116d
10083 GREAT PLAINS BLVD.
CHANHASSEN, MINNESOTA
THIS AGREEMENT is by and between City of Chanhassen (hereinafter called Owner) and
Dryden Excavating Inc. (hereinafter called Contractor).
Owner and Contractor, in consideration of the mutual covenants hereinafter set forth, agree as
follows:
ARTICLE 1— WORK
1.01 Contractor shall complete all Work as specified or indicated in the Contract Documents for City
of Chanhassen Slope Stabilization Project PW116d 10083 Great Plains Blvd. The Work is
generally described in Division 1 (General Requirements) of the Technical Specifications. The
Work to be provided under the Contract Documents may be the whole or only part of the total
construction for the project.
ARTICLE 2 — ENGINEER
2.01 The Project has been designed by Engineer (defined in the Supplementary Conditions), which is
to act as Owner's representative, assume all duties and responsibilities, and have the limited
rights and authority assigned to Engineer in the Contract Documents in connection with the
completion of the Work in accordance with the Contract Documents. The duties and
responsibilities and rights and authority of Engineer cannot be extended without written consent
of Owner and Engineer.
ARTICLE 3 — CONTRACT TIMES
3.01 Time of the Essence
A. All time limits for Milestones, if any, Substantial Completion, and completion and readiness
for final payment as stated in the Contract Documents are of the essence of the Contract.
3.02 Dates for Substantial Completion and Final Payment
A. The number of calendar days within which, or the dates by which, the Work is to be
substantially completed and also completed and ready for final payment (the Contract Times)
are set forth in the Instructions to Bidders except as may be stated below:
No exceations.
3.03 Liquidated Damages
A. Owner and Contractor recognize that the time is of essence of this Agreement and that the
Owner will suffer financial Ioss if this Work is not completed within the time referred to or
specified in paragraph 3.02 A above, plus any extensions thereof allowed in accordance with
Ai';' Citi of Chanhassen Form of Aareement
Slope Stabilization Project PW116d
005200-1
Article 12 of the General Conditions. Owner reserves the right to access Contractor and
Contractor agrees to pay liquidated damages as provided in the Instructions to Bidders.
ARTICLE 4 — CONTRACT PRICE
4.01 Owner shall pay Contractor for completion of the Work, all as Unit Price Work, in accordance
with the Contract Documents an amount in current funds equal to the sum of the amounts
determined pursuant to Paragraphs 4.01.A and 4.01 C below:
A. For all Unit Price Work including lump sum units, an amount equal to the sum of the
established unit price for each separately identified item of Unit Price Work times the actual
quantity of that item as determined by Engineer as provided in paragraph 9.07 of the General
Conditions. The established unit price shall be as set forth in the Bid Form. No exceptions.
B. The initial or estimated Contract Price as determined by the sum of the established unit price
for each item of Work times the estimated quantity of that item as set forth in the Bid Form is
$ 175,999.19 (One hundred seventy-five thousand, nine hundred ninety-nine dollars and
nineteen cents)
C. As provided in paragraph 11.03.A of the General Conditions estimated quantities are not
guaranteed, and determinations of actual quantities and classification are to be made by
Engineer as provided in paragraph 9.07 of the General Conditions and such determinations by
Engineer will be used to compute the final Contract Price. Contractor acknowledges that unit
prices as set forth above, in the Bid Form, and in Modifications have been or will be computed
as provided in paragraph 11.03.B of the General Conditions.
ARTICLE 5 — PAYMENT PROCEDURES
5.01 Submittal and Processing of Payments
A. Contractor shall submit Applications for Payment in accordance with Article 14 of the General
Conditions, as may be modified by the Supplemental Conditions. Applications for Payment
will be processed by Engineer as provided in the General Conditions.
5.02 Progress Payments; Retainage
A. Contractor's Applications for Payment will be processed by Engineer as provided in the
General Conditions as may be modified by the Supplementary Conditions. Retainage on
account of progress payments will be as provided for in the Instructions to Bidders
5.03 Final Payment
A. Final payment will be prepared and paid in accordance with paragraph 14.07 of the General
Conditions.
City of Chanhassen _ _ Form of Agreement_
Slope Stabilization Project PW116d
005200-2
B. Owner will not make final payment until Contractor has provided proof of compliance with
State Income Tax withholding requirements pursuant to Minnesota Statute 270C.66.
ARTICLE 6 — INTEREST
6.01 All moneys not paid when due as provided in Article 14 of the General Conditions shall bear
interest at a maximum rate equal to the sum of the prevailing "Prime Rate" in the geographical
area of the Project plus 2 percent (2%).
ARTICLE 7 — CONTRACTOR'S REPRESENTATIONS
7.01 In order to induce Owner to enter into this Agreement, Contractor makes the following
representations:
A. Contractor has examined and carefully studied the Contract Documents including all Addenda
and the other related data identified in the Bidding Documents including "technical data."
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 or furnishing 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 makes all representations, previously made as Bidder, upon signing and submitting
the Bid Form as though fully repeated herein.
E. Contractor is aware of the general nature of this work to be performed by Owner and others at
the site that relates to the Work as indicated in the Contract Documents.
F. Contractor has correlated the information known to the Contractor, information and
observations obtained from visits to the site, reports, and drawings identified in the Contract
Documents and all additional examinations, investigations, tests, studies, and data with the
Contract Documents.
G. 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, and the Contract Documents are
generally sufficient to indicate and convey understanding of all terms and conditions for the
performance and furnishing of the Work.
H. The Contract Documents are generally sufficient to indicate and convey understanding of all
terms and conditions for performance and furnishing of the Work.
ARTICLE S — CONTRACT DOCUMENTS
8.01 Contents
A. The Contract Documents which comprise the entire agreement between Owner, and Contractor
concerning the Work are listed in the Instructions to Bidders.
i
City of Chanhassen _ _ _ _ _ _ _ Form of Agreement
Slope Stabilization Project PW116d
005200-3
B. The Contract Documents may only be amended, modified, or supplemented as provided in
Paragraph 3.04 of the General Conditions, as amended by the Supplementary Conditions.
ARTICLE 9 — MISCELLANEOUS
9.01 Terms
A. Terms used in this Agreement which are defined in the General Conditions have the meanings
assigned to them in the General Conditions except as modified by the Supplementary
Conditions.
B. Terms used in this Agreement which are defined in the Contract Documents have the
meanings assigned to them in the Contract Documents.
9.02 Assignment of Contract
A. No assignment by a party hereto of any rights under or interests in the Contract Documents
will be binding on the other party hereto without the written consent of the party sought to be
bound; and, specifically but without limitation, moneys that may become due and moneys that
are due may not be assigned without such consent (except to the extent that the effect of this
restriction may be limited by law), and unless specifically stated to the contrary in any written
consent to an assignment, no assignment will release or discharge the assignor from any duty
or responsibility under the Contract Documents.
9.03 Successors and Assigns
A. 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.
9.04 Severability
A. 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 provision.
9.05 Other Provisions
A. This Agreement shall be governed by the laws of the State of Minnesota.
B. There are no other provisions.
9.06 Records Retention
A. Contractor will maintain all records pertaining to the Work for six years from the date of the
completion of the Work. Contractor agrees that any authorized representative of the Owner or
the State Auditor may examine, audit, and copy any such records during normal business
hours.
M.— City of Chanhassen Form of_Nreement
Slope Stabilization Project PW116d
005200-4
9.07 Equal Opportunity
A. In its performance of the Work, contractor will ensure that no person is excluded from full
employment rights or participation in or the benefits of any program, service or activity on the
ground of race, color, creed, religion, age, sex, disability, marital status, sexual orientation,
public assistance status of national origin; and no person who is protected by applicable federal
or state laws, rules or regulations against discrimination otherwise will be subjected to
discrimination. The Special Provisions containing the Equal Employment Opportunity (EEO)
rules and regulations for highway construction projects in Minnesota (are provided in Exhibit
B attached to and made part of this agreement).
9.08 Nonresident or foreign contractor
If Contractor or a subcontractor is a nonresident person or foreign corporation as defined in
Minnesota Statutes section 290.01, subdivision 5, Contractor or the subcontractor will be
subject to the requirements of Minnesota Statutes section 290.9705.
9.09 Minnesota Data Practices Act
If Contractor receives a request for data pursuant to the Data Practices Act, Minnesota Statutes
chapter 13 (DPA), that may encompass data (as that term is defined in the DPA) Contractor
possesses or has created as a result of this agreement, it will inform Owner immediately and
transmit a copy of the request. If the request is addressed to Owner, Contractor will not
provide any information or documents, but will direct the inquiry to Owner. If the request is
addressed to Contractor, Contractor will be responsible to determine whether it is legally
required to respond to the request and otherwise what its legal obligations are, but will notify
and consult with Owner and its legal counsel before replying. Nothing in the preceding
sentence supersedes Contractor's obligations under this agreement with respect to protection of
Owner data, property rights in data or confidentiality. Nothing in this section constitutes a
determination that Contractor is performing a governmental function within the meaning of
Minnesota Statutes § 13.05, subdivision 11, or otherwise expands the applicability of the DPA
beyond its scope under governing law.
City of Chanhassen _ _ Fonn of Agreement
Slope Stabilization Project PW116d
005200-5
IN WITNESS WHEREOF, Owner and Contractor have signed this Agreement in triplicate. One counterpart
each has been delivered to Owner, Engineer, and Contractor. All portions of the Contract Documents have been
signed or have been identified by Owner and Contractor or on their behalf.
This Agreement will be effective on execution of both parties December 14, 2016 (which is the Effective
Date of the Agreement).
Owner Contractor J A eA E X444 WA
City of Chanhassen, Minnesota
By: By: -Ilasa►I D r Njo
Denny Laufenburger — Mayor�1
Attest:
Address for giving notices:
7700 Market Blvd.
Chanhassen Minnesota 55317
(If Owner) is a public body, attach evidence of
authority to sign and resolution or other
documents authorizing execution of
Agreement. If Owner is a corporation, attach
evidence of authority to sign.)
Phone:
Facsimile:
[CORPORATE SEAL]
Attest:
Address for giving notices:
00 �% kphbit/At
1ok- -S534
License No.
Agent for service of process:
(If Contractor is a corporation, attach
evidence of authority to sign).
Designated Representative
Name: P -50t) 0Y. -64
Title:%
Address: Cjooyi'yi'y b 1 vd.
�l S53a'
Phone: '7(3-- 753— 72�W
Facsimile: 7 6� -7 5 3— 3 2-i/ 7
`+.'°`..:: City of Chanhassen Form of Agreement
Slope Stabilization Project PW116d
005200-6