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HomeMy WebLinkAboutItem 06.dMarch 21, 2016 Item No. AGREEMENT WITH FRIEDGES LANDSCAPING FOR KENRICK AVENUE TRAIL SLOPE EROSION REPAIRS Proposed Action Staff recommends adoption of the following motion: Move to approve agreement with Friedges Landscaping for Kenrick Avenue trail slope erosion repairs. Overview In the spring of 2014, the slope along Kenrick Avenue trail north of Marek's Towing eroded twice as a result of significantly heavy rainfalls in May and June of 2014. The primary reason for the erosion was the steep slopes and granular soils that make up the embankment. After sharing this information with the Mayor & City Council at a work session, Staff and WSB & Associates gave the contractor direction to flatten the slopes to at least a 2:1 grade by constructing a Prefabricated Modular Block Wall (PMBW), along with seeding, blanketing, and other erosion measures. The work was completed in the fall of 2014, and the soils above the wall have stayed in place. In 2015, slope erosion developed north and south of where the PMBW was constructed. Staff has once again worked with WSB to find a solution to repair the eroded area and prevent any additional erosion from reoccurring. The plan is to place approximately 400 cubic yards of common borrow clay material that will be compacted in the areas of the slope that have been eroding, along with the installation of seeding, erosion control blanket, sediment control logs, and silt fence. The clay material, which shall be provided by the City, is more heavy and dense than the existing soils on site, and shall be placed to establish a grade of 3:1 from the existing fence along Kenrick Avenue trail down to the existing ground east of the base of existing slope. Staff obtained quotes to complete the project, and the low quote was submitted by Friedges Landscaping at a cost of $22,900 plus construction staking which shall not exceed $3,100. The additional costs needed for the project would be funded through the Trail Improvement Fund. Primary Issues to Consider • Why is the project necessary? Without the improvements, the slope embankment will continue to erode. Supporting Information • Agreement • Kenrick Avenue trail slope erosion repair project manual • Construction plan for slope erosion repair • contractors Financial Impact: $26,000 Budgeted: Y❑ NO Source: Trail Improvement Fund Related Documents: (CIP, ERP, etc.): Envision Lakeville Community Values: Good Value for Public Services Report Completed by: John Hennen, Parks & Recreation Director AGREEMENT BETWEEN CITY OF LAKEVILLE AND FRIEDGES LANDSCAPING, INC FOR KENRICK AVE TRAIL SLOPE EROSION REPAIRS THIS AGREEMENT made this 21" day of March, 2016, by and between the CITY OF LAKEVILLE, a Minnesota municipal corporation ("Owner" or "City") and FRIEDGES LANDSCAPING, INC., a CORPORATION ORGANIZED & EXISTING UNDER THE LAWS OF 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. Kenrick Avenue Trail Slope Erosion Repair Project Manual C. Construction Plan for Slope Erosion Repair D. 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. Contract Document "A" has the first priority and Contract Document "D" has 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. Contractor shall not begin any work until the City has received the signed contract and has reviewed and approved the insurance certificates and has given the Contractor a written notice to proceed. 3. CONTRACT PRICE. Owner shall pay Contractor for completion of the Vi%ork, in accordance with the Contractor's quote. 4. PAYMENT PROCEDURES. A. Contractor shall submit Applications for Payment. Applications for Payment will be processed by the City Parks and Recreation Director. 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 184651vl the City for undisputed services provided by the subcontractor. The Contractor must pay interest of 1 '/i 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) Fonn 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 City Parks and Recreation Director. 5. COMPLETION DATE. The Work must be completed by June 15, 2016. 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. 2 18465]v1 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 t'>ie 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. The Contract Documents are generally sufficient to indicate and convey understanding of all terms and conditions for performance and famishing of the Work. J. 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 184651v1 (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 name 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: $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. WARRANTY. The Contractor warrants all work to be performed by it pursuant to this Agreement against poor material (aside from the common borrow clay material provided by the City) and faulty workmanship. The warranty period is one year or until 80% of the pennanent cover is established as determined by the City Parks and Recreation Director whichever first occurs. The Contractor shall be held responsible for any and all defects in workmanship and materials which may develop in any part of the contracted service, and upon proper notification by the City shall immediately replace, without cost to the City, any such faulty work. 4 184651 v] 10. 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. 11. PERFORMANCE AND PAYMENT BONDS. Perfonnance and Payment Bonds are not required. 12. 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. 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 S 184651 v l shall indemnify and hold harmless the Owner from any and all claims for 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. F. 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 for in writing. G. 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. H. 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. I. 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. 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. K. 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. L. 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 6 184651YI extension to complete the work but shall not be entitled to any other compensation. OWNER: CITY OF LAKEVILLE Mm AND Matt Little, Mayor Charlene Friedges, City Clerk 7 184651vI CONTRACTOR: FRIEDGES LANDSCAPING, INC. B Its• I Manual City of Lakeville 20195 Holyoke Avenue o Lakeville, MIS 55044 September 30, 2015 Kenrick Avenue irailF F. Slope. Erosion Repair City of Lakeville, Dakota County, Minnesota WSB Project No. 1715-84 701 Xenia Avenue South, Suite 300 Minneapolis, MN 55416 WITOB Tel: (763) 541-4800 Fax (763)541-1700 Q„sro�� wsbeng.com TABLE OF CONTENTS BID FORM TABLE OF CONTENTS SPECIFICATIONS Division S — Special Provisions KENRICK AVE TRAIL SLOPE EROSION REPAIR TABLE OF CONTENTS BID FORM FOR SLOPE EROSION REPAIR KENRICK AVENUE TRAIL, LAKEVILLE, MN The undersigned does declare that this quote complies with all Terms and Conditions as set forth in the Bid Documents and Specifications dated September 30, 2015, and is made without improper connection with any other person making a bid on this work, and is in all respects fair and without collusion or fraud. The undersign proposes a total lump sum cost detailed below for all labor, equipment, disposal, and materials necessary for repair of the slope erosion at the location designated in the plans along Kenrick Avenue in Lakeville, MN as described in the Bid Documents and Specifications: Total Project Bid : Contractor Name: Address: Phone Number: Contact Email Address: Dollars ($ Fax Number: Date: I hereby certify that I am authorized to sign as a Representative for the Contractor. Contractor Name (print): Contractor Signature: Title: BID CHECKLIST Please submit all of the following with your quote. Incomplete quotes will be rejected. 1. Signed bid; 2. Proof of insurance in accordance with Section S-4 of the Special Provisions (listing the City of Lakeville and WSB as additional insureds); Kenrick Avenue Trail Slope Erosion Repair City of Lakeville visibility apparel becomes faded, worn, torn, dirty, or defaced, reducing the conspicuity of the apparel, the apparel shall be removed from service and replaced with new apparel. (F) When work will be performed between the official hours of sunset and sunrise, all appropriate practices for night work will apply. . The Contractor shall provide sufficient numbers of light plants to adequately illuminate the work area as determined by the Engineer. All costs incurred to provide such light plants shall be incidental to the lump sum traffic control. All Contractor's personnel, except operators who will remain in their vehicles at all times, shall wear reflectively striped (approximately 10 in [33 feet] of striping), highly visible, short sleeved one or two piece coveralls (color and striping pattern to be determined by the District Traffic Engineer), at all times while working on the Project. These coveralls shall be considered an incidental expense for which no direct compensation will be made. Any Contractor's employee found on the Project not wearing the prescribed reflective coveralls will be immediately ordered off the Project by the Engineer. (G) All temporary rigid signs shall be fabricated with an approved retroreflective sheeting material of the appropriate color, and be listed on the Qualified Product Listing (QPL) for either "Sheeting for Rigid Signs" or "High Performance Sheeting for Rigid Signs". Signs remaining inplace that still apply during temporary operations need no change in sign sheeting. To visually identify approved retroreflective sign sheeting on temporary rigid signs in the field signs shall have an easily identifiable marking on the face. This marking verifies that the sign sheeting is Approved for Rigid Sign Use as found on the QPL. Although still required to meet sheeting standards, temporary rigid signs 4 sq. feet and under in size and all barricades and route markers will be exempt from this marking. The appropriate marking shall be used for each type of the approved sheeting types. Refer to the instructions for the marking of temporary signs which may be found on the APL or directly at the following link: http://www.dot.state.mn. us/products/sign in g//pdf/typelabel.12df The retroreflective sheeting types and qualified products used for temporary signs and barricades can be found at: httn://www.dot.state.mn.us/productslsiRnina/sheetine.html. S-1.1 MAINTENANCE AND STAGING OF TRAFFIC CONTROL (A) The Contractor shall maintain, at all times, the existing traffic movements along Kenrick .Avenue. (B) All signs installed on roads open to traffic that are not consistent with traffic operations shall be covered as directed by the Engineer. The cover should be a plate of solid material covering the entire legend or all of that part of the legend that is inappropriate. This cover shall be bolted to the sign and shall use a minimum of 3 mm [1/8 inch] plastic washers between the sign face and the cover. See Figures 8.2A, 8.2B and 8.3C of the Traffic Engineering Manual for details. .ill Traffic Control shall be considered incidental for which no compensation shall be made. S-2 (1508) CONSTRUCTION STAKES, LINES AND GRADES The provisions of MnDOT 1508 are hereby modified and supplemented as follows: S-2.1 The following is added to the first paragraph of MnDOT 1508: SPECIAL PROVISIONS PAGE 2 Kenrick Avenue Trail Slope Erosion Repair City of Lakeville The Owner will furnish lath for all control points and Right of Way hubs established in advance of construction staking. The Contractor shall furnish lath for any construction stakes he/she wants protected. The Engineer will place the lath at the time of construction staking. The Engineer will set the following construction stakes: (A) One set of slope points. S-2.2 The following is added to the fourth paragraph of MnDOT 1508: The cost of replacing stakes and marks will be based on the actual number of hours of field and office work in accordance with the following wage and equipment rates: Hourly Rates Engineer or Land Surveyor $150 per hour 3 -person crew $174 per hour 2 -person crew $149 per hour 1 -person crew $114 per hour S-3 (1706) EMPLOYEE HEALTH AND WELFARE The provisions of MnDOT 1706 are supplemented with the following: S-3.1 All construction operations shall be conducted in compliance with applicable laws, regulations and industry standards as described in MnDOT 1706. The Contractor shall be considered to be fully responsible for the development, implementation and enforcement of all safety requirements on the Project, notwithstanding any actions MPRB may take to help ensure compliance with those requiremenis. S-3.2 The Contractor shall not use any motor vehicle equipment on this Project having an obstructed view to the rear unless: (A) The vehicle has a reverse signal alarm which is audible above the surrounding noise level; or (B) The vehicle is backed up only when an observer signals that it is safe to do so. S-3.3 A $500.00 monetary deduction (per incident) will be assessed by MPRB for violations of safety standards and requirements that have the potential for loss of life and/or limb of Project personnel or the public. The areas of special concern include, but are not limited to excavation stability protection, fall protection, protection from overhead hazards, vehicle backup protection (see S-25.3 above), confined space safety, blasting operations, and personal safety devices. S-3.4 None of the monetary deductions listed above shall be considered by the Contractor as allowance of noncompliance incidents of these safety requirements on this Project. S-4 (1714) RESPONSIBILITY FOR DAMAGE CLAIMS; INSURANCE Responsibility for damage claims shall be in accordance with the provisions of Specification 1714 and the following: SPECIAL PROVISIONS PAGE 3 Kenrick Avenue Trail Slope Erosion Repair City of Lakeville The Contractor, Contractor's subcontractor and sub -subcontractors agree to indemnify and save harmless the City, its officers and employees against any and all costs, damages, and claims whatsoever for damage or injury to any person or persons, firm or corporations arising out of any negligent or intentional act of the Contractor, its agents, officers or employees during the performance of this agreement. The Contractor, Contractor's subcontractor and sub -subcontractors shall provide and maintain in force during the life of the contract and until the contract has been fully accepted, insurance coverage in the following amounts: The Contractor agrees that in order to protect itself as well as the City from claims arising out of the Contractor's activities under this Agreement, it will at all times during the term of this Agreement keep in force policies of insurance providing: 1) General Liability and Automobile Liability insurance. 2) Workers Compensation Insurance. Limits per applicable State and Federal Laws. 3) All such policies shall provide limits not less than the tort liability limitations set forth in Minnesota Statutes Section 466.04. 4) City shall be endorsed as an Additional Insured on all policies obtained and maintained under this clause. All policies shall provide that they shall not be canceled, materially changed, or not renewed without thirty days prior notice thereof to the City. 5) Certificates of Insurance evidencing the insurance required under this clause must be provided to the City before the effective date of this Agreement and at other times during the term of this Agreement as requested by the City. Before the execution date of a Contract, the Contractor will furnish to the City, certificates of insurance, naming the City as additional insured. Any policy obtained and maintained under this clause shall provide that it shall not be cancelled, materially changed, or not renewed without thirty day's notice thereof to the City. S-5 (1806) DETERMINATION AND EXTENSION OF CONTRACT TIME The Contract Time will be determined in accordance with the provisions of MnDOT 1806 and the following: S-5.1 Construction operations shall be started within eight (8) Calendar Days after the date of Notice of Contract Approval. Construction operations shall not commence prior to Contract Approval. S-5.2 Working Hours The Contractor must follow the City of Lakeville working hours. Any work done outside of the working hours, including starting and warming up equipment, loading and unloading equipment and material delivery operations outside of these hours and on holiday is permitted only with prior written authorization. S-6 (2105) COMMON BORROW (CV 'The Contractor's Lump Sum quote shall include hauling and placement of 400 cubic yards of common borrow material (clay). Clay material shall be placed and compacted in the areas of the slope that have been eroded as directed by the Engineer. The clay material shall be placed to establish a grade of I(V):3(H) from the existing fence along the Kenrick Ave Trail down to the existing ground east of the base of the existing slope. The common borrow material shall be supplied by the City of Lakeville, up to a maximum quantity of 400 cubic�yards. The Contractor shall haul the material from the City of Lakeville Central Maintenance Facility (7570 179 Street W, Lakeville, MN) to the project site. SPECIAL PROVISIONS PAGE 4 Kenrick Avenue Trail Slope Erosion Repair City of Lakeville If additional Common Borrow is required, as deemed by the Engineer, above the 400 cubic yards to be supplied by the City of Lakeville, it shall be paid at the Negotiated Price per cubic yard. S-7 FINAL ESTIMATE AND FINAL PAYMENT The following provisions shall apply to preparation of the Final Estimate and execution of Final Payment under this Contract: 5-7.1 FINAL ESTIMATE State Law provides that the final estimate will be made within 90 dans after completion of all work required under this Contract. If, however, the total value of the Contract exceeds $2,000,000.00, the 90 day requirement will not apply and the time allowed for making such final estimate shall be 180 days after the work under this Contract has been, in all things. completed to the satisfaction of the Commissioner. SPECIAL PROVISIONS PAGE 5 :N,.ME: K:\01715-040\Catl\ExhIbIts\,bpe F.apalr\New 'IrFe Plan\1715_tz,.agn U) 0 D r m Cl) `�"�tDO pAi KEOKG h BLVD. KEY AVE. 9' CIR. `��J-; lz KENRIU : AVE. 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The undersign proposes a total lump sum cost detailed below for all labor, equipment, disposal, and materials necessary for repair of the slope erosion at the location designated in the plans along Kenrick Avenue in Lakeville, MN as described in the Bid Documents and Specifications: Total Project Bid : lw ,. 4,16�l►e �„a�/}�.►,� i►�e1i�. Dollars (S��, Contractor Name: r;r�.ie p �a S CC1.O,r.l Date: 10 -Ao — IS Address: _ CT/ �(� ���t 64,,l GAG S Phone Number: C1.S.� W �i aC146 Fax Number. `T S gL' 4 1 1 1 `J` ,5 Contact Email Address: J I)Vn i0i i erg C d0A I hereby certify that I am authorized to sign as a Representative for the Contractor. Contractor Name (prii Contractor Signature: Title: (0. of '- BID CHECKLIST Please submit all of the following with your quote. Incomplete quotes will be rejected. 1. Signed bid; Z. Proof of insurance in accordance with Section S-4 of the Special Provisions (listing the City of Lakeville and WSB as additional insureds);