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Home My WebLink AboutItem 06.qe October 28, 2014 Item No. RETAINING WALL CONSTRUCTION AGREEMENT WITH KEVIN CASEY, LLC Proposed Action Staff recommends adoption of the following motion: Move to approve Retaining Wall Construction Agreement with Kevin Casey, LLC. Passage of this motion will result in the Mayor and City Clerk executing an agreement with Kevin Casey, LLC to construct a big block retaining wall at Antlers Park. Overview At the October 27, 2014 City Council work session, staff informed the Mayor and City Council that the existing retaining wall along the shoreline of Antlers Park is failing. The failure creates a hazard for park and beach users and causes shoreline erosion leading to sediment entering Lake Marion. Staff recently requested quotes to remove approximately 230 LF of the existing modular block retaining wall and reconstruct approximately 105 LF of big block retaining wall. The big block retaining wall will withstand consistent high water levels and any wave action that may occur in this area. Four contractors submitted a quote for the project. The low quote for the project was submitted by Kevin Casey, LLC at a cost of $41,882.75. The project will be funded from the Environmental Resources Fund. The 2014 Environmental Resources Fund provided $50,000 of appropriations for wetland restoration including public property shoreline restoration projects. Staff is in the process of obtaining the necessary DNR permit to work below the ordinary high water level. Primary Issues to Consider • Is Kevin Casey, LLC a reputable company that will provide a quality big block retaining wall construction project? Kevin Casey, LLC has provided quality construction projects for the City over the years. Supporting Information • Agreement between the City of Lakeville and Kevin Casey, LLC • Quote form submitted by Kevin Casey, LLC • Quote package *MM' Monica Heil Operations and Maintenance Engineer Financial Impact: $41,882.75 Budgeted: Y/N Source: Environ. Resources Fund Related Documents (CIP, ERP, etc.): Notes: AGREEMENT CITY OF LAKEVILLE DAKOTA COUNTY, MINNESOTA AGREEMENT made this 3`d day of November, 2014, between the CITY OF LAKEVILLE, a Minnesota municipal corporation ("City"), and KEVIN CASEY, LLC, a corporation organized and existing under the laws of the State of Minnesota ("Contractor"). IN CONSIDERATION OF THE MUTUAL UNDERTAKINGS HEREIN CONTAINED, THE PARTIES 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 the were set verbatim and in full herein: A. This Agreement B. Request for Quotes for Antlers Park Retaining Wall C. Quote dated October 3. 2014 In the event of 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 services and perform the work in accordance with the Contract Documents. 3. OBLIGATIONS OF THE CITY. The City shall pay the Contractor in accordance with the Quote. 4. 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. 5. TIME OF PERFORMANCE. The Contractor shall complete its obligations from November 4, 2014 — June 1, 2015. 6. PAYMENT. The City will pay the Contractor within forty-five (45) days of receiving an invoice for work performed. 7. PROMPT PAYMENT TO SUBCONTRACTORS. Pursuant to Minnesota Statute 471.25, Subdivision 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 one and one-half percent (1'/z %) per month or any part of a month to 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. A subcontractor who prevails in a civil action to collect interest penalties from the Contractor shall be awarded its costs and disbursements, including attorney's fees, incurred in bringing the action. 8. 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. 9. 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. 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: Property Damage $2,000,000 each occurrence $2,000,000 each accident $2,000,000 each occurrence 2 10. DATA PRACTICES/RECORDS. A. 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. B. All books, records, documents and accounting procedures and practices of the Contractor and its subcontractors, if any, relative to this Contract are subject to examination by the City. 11. 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. 12. 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. 13. GOVERNING LAW. The laws of the State of Minnesota govern the interpretation of this Contract. 14. SEVERABILITY. If any provision, term or condition of this Contract is found to be or become unenforceable or invalid, it shall not effect 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. 15. 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. KEVIN CASEY, LLC CITY OF LAKEVILLE BY: CAS; y Pe5;)RAW (/L C X" (An authorized signature) 3 MTV! Matt Little, Mayor BY: Charlene Friedges, City Clerk Contractor Name: Kevin Casey LLC Contractor Address: 7491 Casey Pkwy Prior Lake, MN 55372 Contractor Phone u: 952.292.7732 _ Project Location: Project Name: — Quote Form City of Lakeville Antlers Park Retaining Wall Improvements Design By: Checked BY: Date: MRH 10/3/2014 Item No. MN/DOT Specification No. Description Unit Bid Unit Price Estimated Total Quantity Estimated Total Cost A. Surface Improvements 1 2021.501 MOBILIZATION LUMPSUM 5000.00 1.00 5000.00 2 2101.502 CLEARING TREE 1.00 350.00 3 2101.507 GRUBBING TREE 250.00 1.00 4 2104.503 REMOVE MODULAR BLOCK RETAINING WALL LIN FT 16`.00 230.00 p 3680.00 5 2105.601 GRADING - BELOW THE OHW LUMPSUM 1600.00 1.00 1600.00 6 I _7 6 2105.601 2411.616 2573.502 GRADING -OUTSIDE THE CHIN PREFABICATED MODULAR BLOCK WALL (WET CAST, GRAVITY) SILT FENCE, TYPE MACHINE SLICED LUMP SUM LIN FT LIN FT 1b•M0 235 J-- 1.00 ID5.00 175.00 2 A3R6 4—`LJ�Z on 9 2573.50587.9; FLOATING SILT CURTAIN TYPE STILL WATER LIN FT 1P on 100.00 120 0,00 10 2573.602 TEMPORARY HOCK CONSTRUCTION ENTRANCE EACH n on 1,00 00 11 2575.501 SEEDING ACRE() -imawn 0.10 1500.00 12 2575.502 SEED MIXTURE 270 POUND 27 00 3.00 13 2575.523 EROSION CONTROL BLANKETS CATEGORY SO YD 225.00 1350.0 Total = 41,882 75 Contractor Name: Kevin Casey LLC Contractor Address: 7491 Casey Pkwy Prior Lake, MN 55372 Contractor Phone u: 952.292.7732 ANTLERSPARK BIG BLOCK RETAINING WALL QUOTE PACKAGE 1. Quotes are due to the City by 3:00 p.m. on Wednesday, October 22, 2014. Quotes may be e- mailed to mkruse@lakevillemn.eov 2. It is anticipated that the City will award a contract on Monday, November 3rd. Work may commence on Tuesday, November 4th, provided all required documentation has been received: a. The contractor must provide a certificate of insurance, with the City of Lakeville named as an additional insured, prior to starting work on the project. b. Signed contract documents 3. All work must be completed by June 1, 2015, including all punch -list items. 4. The wall manufacture's engineer shall provide all necessary calculations and design for the proposed retaining wall. The wall must be constructed using MnDOT approved wet cast big blocks. 5. The wall shall conform to the details of the wall manufacture's engineer. a. A 12 -inch granular foundation wrapped in geotextile is proposed to be installed provided the wall manufacturer's engineer certifies the design. 6. The contractor shall provide either: a. A minimum 2 -year warranty from the wall manufacturer for the retaining wall, or b. A 2 -year performance and payment bond for the wall costs prior to final acceptance of the project. 7. The contractor shall phase construction and utilize the existing retaining wall such that no temporary cofferdam or dewatering work shall be required with the project. 8. The owner reserved the right to add or delete bid items from the project. 9. The owner will obtain the necessary DNR permit for work below the OHW. 10. The contractor shall provide copies of IC -134's and lien waivers prior to final acceptance of the project. If you have any further questions or request a site visit please contact Mark Kruse, Parks Supervisor at 952-412-9918. G:\Maintenance\Word-Excel\PARKS-MISC\ANTLERS\Antlers Park Big Block Retaining Wall Quote Package.docx Existing retaining wall to remain � 'ee95 sex. gess Cross -Sectional Detail (not to scale) Remove tree -y Match Existing lie±I� Nv 984.6'-984.] 98}2 r - B02'° with max slope of t:10 t° 5 52 986 Not O----_1' __ ---- '- 9831 ObseN.d water line Max 2% elevr982.3' 10• b/w 982.4'.983,2' Legend granular mdtenall ''may' f 4Be .`i°:i l vanes It grating lfmlls el Remove tree -y ',F ea3o �I Remove neantl gratlmatch e to h exixill sting t. mate ', S k� r - B02'° with max slope of t:10 1-=p' 20 10 0 20 Fcat ' Oy, '.�, Legend �• ® Proposed elevations (Nr -lop ofwall, b/w=bottom ofwall) , Existing ground elevation k '1 !iF Tree Notes: 4- Existing lop ofwall 1. contractor shall be msponslble lw phesiiq and constructors of@e new well such that no temporary csgeldem shell be returned to mnslmct the new wan. N Existing bottom of wall 2, contractor shall provkte a par Wear fear estimate to construct the new retaining wall, to include'. A Observed waterline (9117/14) e. M.DOTepp,..d wal chat big Mock"Winrg well block b. Wen cape �Exlsling wall to remain c Anyneceveryeinbmemam a. Any and all bedding materiel anchor trps necessary to ensure daequale reasons Proposed Big Block retaining wall(105In) R e. BudW bock, depth to be dearninetl by the manufacturek edinaer, knowing that the OHW of Lhku Marion Is 983 .1 and the obsomed water ekvatlon on &17/14 was 91323 Remove existing wall (23Wa) F. Removaltrade p.par eepaul of thespecifiee potions of the some, wish antl realbetween the aid wog and the new .11. — Ordinary High Water Level (983.1 3. The contractor shall Install the manular hateral between the water level and the new retaining wall PrOpe9atl Grading gutelUe OHW par the OrossSecgon Detail. Grading war, southeast antl adjacent to the south retaining wall units sM rhstcmgae of the site (e be W ha gretling- below OHW) eM shallIncl We ramwal of Impact" below OHW(65oscm) sootier unsuitable material and placement of nowgenuter meiadal per the Cross -Section Oetbll. 4. Gering outrider the OHW shall Include rummvel of arcade mulerol to sunshuct a minimum 10:1 slap r e