HomeMy WebLinkAboutItem 06.qDate: 25 September 2014
Item No.
APPROVAL OF AN AGREEMENT FOR THE DEMOLITION OF A HOUSE AT
19920 KENWOOD TRAIL WITH SEMPLE EXCAVATING AND TRUCKING, INC.
Proposed Action
Staff recommends adoption of the following motion: Move to approve an agreement for the
demolition of a house at 19920 Kenwood Trail with Semple Excavating and Trucking Inc
Passage of this motion enables the demolition of a house and removal of debris pursuant to
the reconstruction of Kenwood Trail proposed for 2017.
Overview
The City purchased the house at 19920 Kenwood Trail in 2014 as future right of way for the
reconstruction of Kenwood Trail. This project is based on recommendations from a joint
Dakota. County and City of Lakeville transportation corridor study indicating that Kenwood
Trail is approaching capacity. Reconstruction of Kenwood Trail is proposed to begin in 2017.
The property was acquired through a joint powers agreement (JPA) with Dakota County.
Demolition includes removal of the residence, attached garage, and deck and the removal of
all debris, as well as the removal of identified hazardous materials. The contactor will also
remove retaining walls, concrete slabs, cement steps and asphalt and back fill any excavation
to bring the site level with the current ground surface on the property.
Proposals for the demolition were received from six contractors. Semple Excavating and
Trucking, Inc. was the lowest bidder for this property in the amount of $26,312.00. Costs are
shared with Dakota County based on the JPA. Staff has reviewed the proposals and
supporting documentation and recommends approval.
Primary Issues to Consider
Why is demolition necessary? The structure is in an area that is necessary for right of way
for the reconstruction of Kenwood Trail. Demolition removes a potentiai health and
safety hazard and eliminates the need for the City to maintain the property.
Supporting Information
• Copies of the letter of recommendation from WSB & Associates, Inc., the agreement with
Sem le E ti d Trucking, Inc., and tabulation of proposals are attached
Chris er J. Petree
Public Works Director
Financial Impact: $26,312.00 Budgeted: Yes Source: Project Funds
Related Documents (CIP, ERP, etc.):
Notes:
A
WSB
ec .a,,,x� engineering• planning• environmental- construction
September 17, 2014
Mr. Chris Petree
Public Works Director
City of Lakeville
18400 Ipava Avenue
Lakeville, MN 55044
Re: Demolition of 19920 Kenwood Trail
City of Lakeville, MN
WSB Project No. 2109-67
Dear Mr. Petree:
701 Xenia Avenue South
Suite 300
Minneapolis, MN 55416
Tel: 763-541-4800
Fax: 763-541-1700
Quotations were received for the above -referenced project on September 12, 2014. Six
quotations were received. The quotes were checked for mathematical accuracy and tabulated.
Please find enclosed the quote tabulation summarizing the results. The low quote for the 19920
Kenwood Trail property was submitted by Semple Excavating and Trucking, Inc. of St. Paul,
MN, in the amount of $26,312.00.
We recommend that the City Council consider these quotes and award a contract in the amount
of $26,312.00 to Semple Excavating and Trucking, Inc. based on the results of the quotes
received.
Sincerely,
WSB & Associates, Inc.
W
Jamie Wallerstedt, PE
Project Manager
Enclosures
cc: Mike Minnaert, Semple Excavating and Trucking, Inc.
St. Cloud • Minneapolis • St. Paul
Equal Opportunity Employer
wsbeng.com
K:\02109-6704AdminlDoulLOR Contract Awnrd Kenwood 091714.doe
AGREEMENT
THIS AGREEMENT made this 6"' day of October 2014, by and between the CITY OF
LAKEVILLE, a Minnesota municipal corporation ("Owner" or "City") and SEMPLE
EXCAVATING AND TRUCKING, INC., a corporation under the State of Minnesota
("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 for 19920 Kenwood Trail dated 29 August 2014 prepared by
WSB & Associates, Inc.
C. 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 "C" 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 $26,312 inclusive of taxes, if any.
4. PAYMENT PROCEDURES.
A. Contractor shall submit Applications for Payment. Applications for
Payment will be processed by the Consulting Engineer prior to review and
payment.
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.
Page I of 7
(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.
The Contractor must pay interest of 1 1/2percent 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) Foam IC -134 (attached) required from general contractor. Minn.
Stat. § 290.92 requires that the City of Lakeville 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 the Public Works
Director.
5. COMPLETION DATE. The Work must be completed by November 30, 2014,
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.
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.
Page 2 of 7
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
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.
Page 3 of 7
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.
(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 named 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
Page 4 of 7
Contractual Liability (identifying the contract):
Bodily Injury:
Property Damage:
Pollution liability insurance:
Bodily Injury:
Property Damage:
$2,000,000 each occurrence
$2,000,000 each occurrence
$2,000,000 aggregate
$2,000,000 each occurrence
$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 AND PAYMENT BONDS. Performance and Payment Bonds
are not required.
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.
Page 5 of 7
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. 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.
F. 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.
G. 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.
H. 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
Page 6 of 7
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.
I. 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.
J. Permits and Licenses. The Contractor shall obtain all permits and give all
notices necessary and incidental to the completion of the project.
K. 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.
OWNER: CONTRACTOR:
CITY OF LAKEVILLE Semple Excavating and Trucking, Inc.
BY:
AND:
Matt Little, Mayor
Charlene Friedges, City Clerk
Page 7 of 7
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