HomeMy WebLinkAboutItem 06.iMarch 13, 2014 Item No.
AGREEMENT WITH MINNNES DIRT WORKS, INC.
FOR KENYON AVENUE EROSION IMPROVEMENTS
March 17, 2014 City Council Meeting
Proposed Action
Staff recommends adoption of the following motion: Move to approve Agreement with
Minnesota Dirt Works, Inc.
Passage of this motion will establish City and Minnesota Dirt Works, Inc. responsibilities and
costs associated with constructing erosion improvements along Kenyon Avenue.
Overview
The project area is located along Kenyon Avenue, about 1- /4 mile south of 162 Street (CSAH-
46). A drainageway leading to Lee Lake is experiencing significant erosion. The project is
designed to reconstruct the washout area and storm sewer, and stabilize the slopes with a
permanent erosion control system to reduce the risk of future slope instability and erosion.
The City has obtained the necessary easements to construct the project.
The City received two quotes for the Kenyon Avenue Erosion Improvements project. The
quotes ranged from a low quote of $5 submitted by Minnesota Dirt Works, Inc., to a
high quote of $58,325.00. The Engineer's Estimate was $49,680. The attached agreement
provides the scope of work, cost and schedule for completing the project.
Primary Issues to Consider
® Why is this project necessary? Without improvements the washout area could expand
and potentially undermine Kenyon Avenue.
Supportin Information
• Agreement with Minnesota Dirt Works, Inc. for Kenyon Avenue Erosion Improvements
• Easement assignment from Guardian Development Company of Wyoming, LLC
• Letter of Recommendation dated March 10, 2014, from WSB & Associates, Inc.
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Financial impact: $51,307.50
Related Documents (CIP, ERP, etc.):
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Budgeted: Yes Source: Utility Fund — Env. Resources
AGREEMENT
BETWEEN r
R NON-BID O rte;_ CONTRACT
THIS AGREEMENT made this day of , 2014, by and between
the CITE' OF LAKEVIL.L,E, a Minnesota municipal corporation ( "Owner" or "City ") and
MINNESOTA DIRT WORKS, INC., a Minnesota corporation ( "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. Standard. General Conditions of the Construction Contract, EJCDC C -700,
2013 as amended by the City of Lakeville Supplementary conditions
C. Plans and Specifications for Kenyon Avenue.Erosion Improvements
D. Geotechnical Evaluation
E. Contractor's Quote
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 "E" 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 $51,307.50 on a unit price basis inclusive of taxes, if any.
A. Contractor shall submit Applications for Payment. Applications for
Payment will be processed by the City Engineer.
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 Subcontractors.
(1) Prompt Payment to Subcontractors. Pursuant to Minn. Stat. §
471.25, Subd. 4a, the Contractor must pay any subcontractor
within ten (10) days of the Contractor's receipt of payment from
the City for undisputed services provided by the subcontractor.
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The Contractor must pay interest of P/2 percent per month or any
part of a month to the subcontractor on any undisputed amount not
paid on time to the subcontractor. The minimum monthly interest
penalty payment for an unpaid balance of $ 100.00 or more is
$10.00. For an unpaid balance of less than $100.00, the Contractor
shall pay the actual penalty due to the subcontractor.
(2) Form IC -134 (attached) required fi general contractor. Minn.
Stat. § 290.92 requires that the City of Lakeville obtain a
Withholding Affidavit for Contractors, Form 1C -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 the City Engineer.
5. COMPLETION DATE. The Work must be completed within sixty (60) days
after the date the Contract Times commence to run, and completed and ready for final payment
in accordance with the General Conditions within ninety (90) days after the date when the
Contract Times commence to run.
A. Contractor has examined and carefully studied the Contract Documents
and other related data identified in the Contract Documerts,
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.
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E. Contractor has obtained. and carefully studied (or assumes responsibility
for doing so) all additional or supplementary examinations, investigations,
explorations, tests, studies, and data concerning conditions (surface,
subsurface, and Underground Facilities) at or contiguous to the Site which
may affect cost, progress, or performance of the Work or which relate to
any aspect of the means, methods, techniques, sequences, and procedures
of construction to be employed by Contractor, including any specific
means, methods, techniques, sequences, and procedures of construction
expressly required by the Bidding Documents, and safety precautions and
programs incident thereto.
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 tenns 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. The Contract Documents are generally sufficient to indicate and convey
understanding of all terms and conditions for performance and furnishing
of the Work.
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 and any subcontractor.
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(4) The Contractor shall bind every subcontractor by the terms of the
Contract Documents.
7. WORKER'S COMPENSATION. The Contractor shall obtain and maintain for
the duration of this Contract, statutory Worker's Compensation Insurance and Employer's
Liability Insurance as required under the laws of the State of Minnesota.
8 . COMPREHENSIVE GENERAL LIABILI'T'Y. Contractor shall obtain the
following minimum insurance coverage and maintain it at all tunes throughout the life of the
Contract, with the City included as an additional named insured on a primary and non-
contributory basis. The Contractor shall famish 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
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. INDEMNITY. The Contractor agrees to indemnify and hold the City harmless
from any claim made by third parties as a result of the services performed by it. In addition, the
Contractor shall reimburse the City for any cost of reasonable attorney's fees it may incur as a.
result of any such claims.
10. PERFORMANCE ANCE ANTI PAYMENT BONDS. Performance and Payment
Bonds are not required.
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II. 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
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
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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 pasties 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 Law /Venue. 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 Dakota
County.
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, terra 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.
I... Permits and Licenses; Rights- of-Way and Easements. The Contractor
shall give all notices necessary and incidental to the construction and
completion of the Project. The City will obtain all necessary rights -of-
way and easements. The Contractor shall not be entitled to any additional
compensation for any construction delay resulting from the City's not
timely obtaining rights -of -way or easements.
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.
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CITY OF LAKE VILLE
$fir
Matt Little, Mayer
IN
Charlene Friedges, City Clerk
MINNESOTA DIRT WORKS, INC.
BY•
Its: " � c '
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(reserved_ for recording)
GRANT OF PERMANENT EASEMENT
GUARDIAN DEVELOPMENT COMPANY OF WYOMING, LLC, a Wyoming
limited liability company, "Grantor ", in consideration of One Dollar ($1 AO) and other good and
valuable consideration, the receipt and sufficiency of which is hereby acknowledged, does
hereby grant unto the CITY OF LAKEVILLE, a Minnesota municipal corporation, the
Grantee, hereinafter referred to as the "City ", its successors and assigns, forever, a permanent
easement for public drainage and utility purposes over, on, across, under, and through the land
situated in the County of Dakota, State of Minnesota, legally described and depicted on the
attached Exhibit "A ".
INCLUDING the rights of the City, its contractors, agents, servants, and. assigns, to enter
upon the permanent casement premises at all reasonable times to construct, reconstruct, inspect,
repair, and maintain said public drainage and utility system 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
street, drainage and utility easement.
The above named Grantor, for itself, its successors and assigns, does covenant with the
City, its successors and assigns, that it is well seized in fee title of the above described easement
premises; that it 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.
IN TESTIMONY WHEREOF, the Grantor hereto has signed this document this
day of 1 2014.
GRANTOR:
GUARDIAN DEVELOPMENT COMPANY
WY(1VIING, LLC
I 0 1�
Its
STATE OF )
ss.
COUNTY OF 1 K0 k'k )
And
Its
The foregoing instrument was acknowledged before me this " day of
u' 2014, by Q1, and
respectively the 2 and � of Guardian Development
Company of Wyoming, LLC, a Wyoming limited liability company, on its behalf.
NOTARY PUBLIC
SCOTT THOMAS HAN LIN
� {rotary pubkc
W i+ State of Minnesota
My Commission Expires
w Januory 31 , 201 S
DRAFTED BY:
CAMPBELL KNUTSON, P.A.
317 Eagandale Office Center
1380 Corporate Center Curve
Eagan, MN 55121
Telephone: 651- 452 -5000
AMP /jnr.o
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EXHIBIT A
TO
GRANT OF PERMANENT EASEMENT
(THE TRACT)
A permanent easement for utility and drainage purposes over, under and across all that part of
the SW '/ of the NE % of Section 1, Township 114, Range 21, Dakota County, Minnesota, lying
Westerly of the westerly right -of -way line of Interstate Highway No. 35 including West Frontage
Road, EXCEPT THEREFROM that part described as follows: Commencing at the southwest
corner of the NE'/ of said Section 1; thence easterly on the south line of said NE % a distance of
784.52 feet to the westerly light-of-way line of said Interstate Highway No. 35; thence northerly
on said right -of -way line a distance of 479.66 feet to the actual point of beginning; thence deflect
left 99 degrees 45 minutes 00 seconds on an assumed bearing of South 87 degrees 06 minutes 00
seconds west a distance of 75.82 feet; thence North 02 degrees 54 minutes 00 seconds West a
distance of 373.50 feet; thence North 87 degrees 06 minutes 00 seconds east a distance of 140.00
feet to the westerly right-of-way of said Interstate Highway No. 35; thence southerly on said
westerly right -of- -way line a distance of 378.98 feet to the actual point of beginning. Except
parcel 1, Dakota County Right- Of-Way Map No. 147.
Which lies within the following permanent easement for utility and drainage purposes:
That part of the above - described tract of land which lies easterly of the following described line:
Commencing at the southwest corner of the NE % of said Section 1; thence South 89 degrees 45
minutes 22 seconds East assumed bearing along the south line of said NE '/ a distance of 753.01
feet to the point of beginning of said line to be hereinafter described; thence North 07 degrees 06
minutes 59 seconds East, 376.39 feet; thence North 16 degrees 21 minutes 46 seconds West,
99.85 feet, to the southwest corner of the first above described exception and said line there
terminating.
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Kenyon Avenue
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Kenyon Avenue
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Lakeville, Minnesota
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March 10, 2014
Nit. Zach Johnson_, PE
City Engineer
City of Lakeville
20195 Holyoke Avenue
Lakeville, MN 55044
Re: Kenyon Avenue Erosion. Improvements
City of Lakeville Project No. 13 -1.7
WSB Project No. 2109 -440
Dear Mr. Johnson:
701 Xenia Avenue South
Suite 300
Minneapolis, MN 55416
Tet: 763 - 541 -4800
Fax: 763 -541 -1700
Quotes were received for the above - referenced project on Friday, March 7, 2014. Quotes were
solicited from five (5) local contractors, and two (2) were received. The quotes were checked for
mathematical accuracy and tabulated. Please find enclosed the bid tabulation indicating the low
quote was submitted by Minnesota Dirt Works, Inc. of Burnsville, MN, in the amount of
$51,307.50. The Engineer's Estimate was $49,680.
We recommend that the City Council consider these bids and award a contract in the amount of
$51,307.50 to Minnesota Dirt Works, Inc. based on the results of the quotes received,
Sincerely,
WSB Sz Associates, Inc.
Monica Heil, PE
Project Manager
Enclosures
cc: Tom Berznel, Minnesota Dirt Works, Inc.
St. Cloud • Minneapolis • St. Paui
Equal Opportunity Employer
wsbeng.com
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