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HomeMy WebLinkAboutItem 06.jML;a:KkAvitle Date: 27 January 2015 Item No. APPROVAL OF AN AGREEMENT FOR THE DEMOLITION OF A HOUSE AT 19740 KENWOOD TRAIL WITH LLOYD'S CONSTRUCTION, INC. Proposed Action Staff recommends adoption of the following motion: Move to approve an agreement for the demolition of a house at 19740 Kenwood Trail with Lloyd's Construction, Inc. Passage of this motion enables the demolition of a house and removal of debris pursuant to the Dodd Boulevard reconstruction project in 2016. Overview The City purchased the house at 19740 Kenwood Trail in late 2014 as future right of way for the reconstruction of Kenwood Trail. 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 shed structures 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 elevation on the property. Proposals for the demolition were received from three contractors. Lloyd's Construction, Inc. was the lowest bidder for this property in the amount of $32,915.00. Costs are shared with Dakota County per the JPA. Staff has reviewed the proposals and supporting documentation and recommends approval. Primary Issues to Consider v- • Why is demolition necessary? The structure is in an area that is necessary for right of way for the Kenwood Trail reconstruction. Demolition removes a potential 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 WWorks u do , and tabulation of proposals are attached Chetree Puector Financial Impact: $32,915.00 Budgeted: Yes Source: Project Funds Related Documents (CIP, ERP, etc.): Community Values: Design That Connects the Community f�A fir SB engineering piannin� • environmental construe*ion January 19. 2015 Mr. Chris Petree Public Works Director City of Lakeville 18400 IPava Avenue Lakeville, MI` 55044 Re: Demolition of 197-40 Kenwood Trail City of Lakeville, MN WSB Project No. 3109-810 Dear W. Petree: 7¢�0��1 xena kverve Sovt, JYE, M Mhwpoft UN 55416 Tei: 763541-0&1 Fa: 763-541-1700 Quotations were received for the above -referenced project on January 16, 2015- Three 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 19740 Kenwood Trail property was submitted by Lloyd's Construction, ince of Savage. Vii. in the amount of 532.915.00. We recommend that the City Council consider these quotes and award a contract in the amount of $32.915.000 to Lloyd's Construction. Inc. based on the results of the quotes received. Sincerely, TVSB Q Associates, Inc. Ryan G. Spencer Environmental and Remediation Scientist Enclosures AGREEMENT THIS AGREEMENT made this 2nd day of February 2015, by and between the CITY OF LAKEVILLE, a Minnesota municipal corporation ("Owner" or "City") and LLOYD'S CONSTRUCTION, 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. Specifications dated January 05, 2015 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 $32,915.00 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. (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 11/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. 4 290.92 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 April 1, 2015, 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. 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, 4 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. 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) Vpless 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. 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 noncontributory 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: 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. 1.1. 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. 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 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: CITY OF LAKEVILLE CONTRACTOR: LLOYD'S CONSTRUCTION, INC. BY: BY: AND: Matt Little, Mayor Charlene Friedges, City Clerk ITS: Lakeville House Demolition. RFQ Summary Site: 19740 Kenwood Trail RFQ Deadline: 1-16-15 City of Lakeville, MN WSB Project No. 2109-814 19740 Kenwood Troil Lloyd's Construction MN WrtWorks Veit Regulated Waste 7,180.00 10,900.00 7,650.00 Demolition 25,735.00 22,890.00 38,050.0,0 Total 32,315.00 33,790.00 45,7i?0.0D Low Quote