HomeMy WebLinkAboutItem 06.j
Date: April 4, 2016 Item No.
AWARD CONTRACT FOR THE LIFT STATION No. 6 REHABILITATION, CITY
PROJECT 15-16, TO NORTHDALE CONSTRUCTION CO., INC.
Proposed Action
Staff recommends adoption of the following motion: Move to approve a contract with
Northdale Construction Co., Inc. for the Lift Station No. 6 Rehabilitation, Project No. 15-16.
Overview
The rehabilitation of the City’s lift stations is part of an ongoing preventive maintenance
program to ensure the optimal functioning of the sanitary sewer collection system. Lift
Station No. 6 was constructed in the mid-1970s with a shallow wet well and pump chamber.
The lift station takes from adjacent residential areas as well as a number of commercial
customers located along CSAH 50.
This rehabilitation involves the removal and replacement of the existing lift station;
incorporating submersible pumps in a larger wet well, bringing the controls above ground
and out of the pump chamber, and installing a larger emergency generator.
Four were received for the project, ranging from $524,000.00 to $677,550.00, with Northdale
Construction Co., Inc. providing the lowest responsible bid.
Staff has reviewed the contract and associated documents and recommends its approval.
Primary Issues to Consider
• How does the bid amount compare to the budgeted project costs?
• $720,000 was budgeted for the project. The engineering fees associated with the
project, which were approved at the September 3, 2015 City Council meeting, are
$42,883. The total project costs are therefore $566,883, which is $153,117 (21%) under
budget.
Supporting Information
• A copy of the bid tabulation, bid evaluation and contract for construction are attached.
_________________________
Monica Heil, PE
Operations and Maintenance Engineer
Financial Impact: $524 000.00 Budgeted: Yes Source: Sanitary Sewer Op. Fund
Related Documents (CIP, ERP, etc.):
Community Values Good Value for Public Services
H:\LAKV\T16110738\1_Corres\C_To Others\bid eval.docx
BID EVALUATION FOR THE
LIFT STATION 6 IMPROVEMENTS PROJECT
CITY OF LAKEVILLE, MINNESOTA
The purpose of the project is to replace the existing wet well/dry well lift station with a submersible lift
station with submersible mixer, new valve vault and furnish and install new lift station controls and a new
permanent generator. Miscellaneous site work and landscaping is also included.
Four (4) bids were received for the construction of the Lift Station 6 Improvements project. The bids ranged
from $524,000.00 to $677,550.00 as shown in the attached Bid Tabulation. The Engineer's estimate for
this project was $594,000.00. The apparent low, responsive and responsible bidder was Northdale
Construction Co., Inc. of Albertville, MN
We feel that the bids received were competitive and responsive and re-bidding of the project would not
provide any cost savings. In our opinion, Northdale Construction Co. is experienced in the type of work
required for this project. The company has fulfilled the bidding and contract requirements and we
recommend that their bid in the amount of $524,000.00 be accepted.
Northdale Construction Co., Inc. out of Albertville, Minnesota, is a reputable contractor that has previous
experience with projects similar in scope and size. The City of Lakeville is familiar with Northdale
Construction Co. and Northdale recently was the low bidder for street reconstruction work for the City of
Lakeville. Based on their experience and qualifications, along with their acceptable bid price, we
recommend that the City of Lakeville consider awarding the project to Northdale Construction Co., Inc.
Respectfully submitted,
BOLTON & MENK, INC.
Seth A. Peterson, P.E.
Principal Engineer
Enclosure – Bid Tabulation
Bolton & Menk, Inc.
CONSULTING ENGINEERS & SURVEYORS
Mankato – Fairmont – Sleepy Eye – Burnsville – Willmar - Chaska – Ramsey – Maplewood – Baxter –Rochester MN
Ames –Spencer, IA & Fargo, ND
BID TABULATION
Lift Station No. 6 Improvements
City of Lakeville
City Project No. 15-16
Lakeville, MN
T16.110378
Bid Taken: 03/18/16 Addendums: #1 – 03/16/16
Time: 10:00 a.m.
BIDDERS TOTAL AMOUNT BID
1 Northdale Construction Co., Inc. $524, 000.00
2 Pember Companies, Inc. $563,420.00
3 Minger Construction, Inc. $577,750.00
4 Geislinger & Sons $677,550.00
T16.110738 – Lakeville, MN AGREEMENT
Lift Station No. 6 Improvements PAGE 00520-1
SECTION 00520 - AGREEMENT
BETWEEN OWNER AND CONTRACTOR FOR
CONSTRUCTION CONTRACT (STIPULATED PRICE)
THIS AGREEMENT is by and between City of Lakeville, Minnesota (“Owner”) and
Northdale Construction Co., Inc. (“Contractor”).
Owner and Contractor hereby agree as follows:
ARTICLE 1 - WORK
1.01 Contractor shall complete all Work as specified or indicated in the Contract Documents. The Work is
generally described as all labor, materials, equipment, utilities and all other things necessary for the
construction of the Lift Station No. 6 Improvements, Lakeville, MN.
ARTICLE 2 - THE PROJECT
2.01 The Project for which the Work under the Contract Documents may be the whole or only a part is generally
described as follows:
A. Removal of existing lift station equipment and piping at Lift Station No. 6. The project includes the
removal of the existing wet and dry wells and the removal of the existing generator building and
salvage of the generator, as shown on the plans.
B. Furnish and install new pre-cast lift station structure and valve vault structures, pumps, piping, valves,
and backup generator for Lift Station No. 6.
C. Furnish and install new controls for Lift Station No. 6 as noted in the Contract Documents.
D. All pumping of sewage required for the changeover is the responsibility of the CONTRACTOR and
shall be coordinated with the City of Lakeville.
ARTICLE 3 - ENGINEER
3.01 The Project has been designed by Bolton & Menk, Inc., Mankato, which is to act as Owner’s representative,
assume all duties and responsibilities, and have the rights and authority assigned to Engineer in the Contract
Documents in connection with the completion of the Work in accordance with the Contract Documents.
ARTICLE 4 - CONTRACT TIMES
4.01 Time of the Essence
A. All time limits for Milestones, if any, Substantial Completion, and completion and readiness for final
payment as stated in the Contract Documents are of the essence of the Contract.
4.02 Days to Achieve Substantial Completion and Final Payment
A. The Work will be substantially completed within one hundred fifty (150) calendar days after the date
when the Contract Times commence to run as provided in Paragraph 4.01 of the General Conditions,
and completed and ready for final payment in accordance with Paragraph 15.06 of the General
Conditions within one hundred eighty (180) calendar days after the date when the Contract Times
commence to run. Substantial completion shall be defined as: All work included within the contract
documents.
T16.110738 – Lakeville, MN AGREEMENT
Lift Station No. 6 Improvements PAGE 00520-2
4.03 Liquidated Damages
A. Contractor and Owner recognize that time is of the essence as stated in Paragraph 4.01 above and that
Owner will suffer financial and other losses if the Work is not completed and Milestones not achieved
within the times specified in Paragraph 4.02 above, plus any extensions thereof allowed in accordance
with the Contract. The parties also recognize the delays, expense, and difficulties involved in proving in
a legal or arbitration proceeding the actual loss suffered by Owner if the Work is not completed on time.
Accordingly, instead of requiring any such proof, Owner and Contractor agree that as liquidated
damages for delay (but not as a penalty):
B. Substantial Completion: Contractor shall pay Owner five hundred dollars ($500.00) for each day that
expires after the time (as duly adjusted pursuant to the Contract) specified in Paragraph 4.02A. above
for Substantial Completion until the Work is substantially complete.
C. Completion of Remaining Work: After Substantial Completion, if Contractor shall neglect, refuse, or
fail to complete the remaining Work within the Contract Times (as duly adjusted pursuant to the
Contract) for completion and readiness for final payment, Contractor shall pay Owner one thousand
dollars ($1,000.00) for each day that expires after such time until the Work is completed and ready for
final payment.
ARTICLE 5 - CONTRACT PRICE (LUMP SUM)
5.01 Owner shall pay Contractor for completion of the Work in accordance with the Contract Documents an
amount in current funds equal to the sum of the amounts determined pursuant to Paragraphs 5.01A below:
A. For all work other than Unit Price Work, a lump sum of: $524,000.00
ARTICLE 6 - PAYMENT PROCEDURES
6.01 Submittal and Processing of Payments
A. Contractor shall submit Applications for Payment in accordance with Article 15 of the General
Conditions. Applications for Payment will be processed by Engineer as provided in the General
Conditions.
6.02 Progress Payments; Retainage
A. Owner shall make progress payments on account of the Contract Price on the basis of Contractor’s
Applications for Payment each month during performance of the Work as provided in Paragraph 6.02
A. 1. below, provided that such Applications for Payment have been submitted in a timely manner and
otherwise meet the requirements of the Contract. All such payments will be measured by the Schedule
of Values established as provided in the General Conditions (and in the case of Unit Price Work based
on the number of units completed) or, in the event there is no Schedule of Values, as provided
elsewhere in the Contract.
1. Prior to Substantial Completion, progress payments will be made in an amount equal to the
percentage indicated below but, in each case, less the aggregate of payments previously made and
less such amounts as Owner may withhold, including but not limited to liquidated damages, in
accordance with the Contract. The cut-off date for calculation of completed unit price quantities
for monthly progress payments will be on the 25th of each month.
(a) Ninety five (95) percent of cost of materials and equipment not incorporated in the Work
(with the balance being retainage).
2. The initial Progress Payment shall be paid in coordination with the OWNER’S regular accounts
payable schedule falling closest after the initial Progress Payment becomes due in accordance with
Paragraph 14.02 of the General Conditions. Due to differences in the OWNER’S accounts payable
cycle and start of construction, initial Progress Payment may cover a period of more than or less
T16.110738 – Lakeville, MN AGREEMENT
Lift Station No. 6 Improvements PAGE 00520-3
than one month of construction. After the initial Progress Payment, subsequent Progress Payments
will be made monthly in accordance with the OWNER’S regular accounts payable schedule.
B. Upon Substantial Completion, Owner shall pay an amount sufficient to increase total payments to
Contractor to 100 percent of the Work completed, less such amounts set off by Owner pursuant to
Paragraph 15.01.E of the General Conditions, and less 200 percent of Engineer’s estimate of the value
of Work to be completed or corrected as shown on the punch list of items to be completed or corrected
prior to final payment
6.03 Final Payment
A. Upon final completion and acceptance of the Work in accordance with Paragraph 15.06 of the General
Conditions, Owner shall pay the remainder of the Contract Price as recommended by Engineer as
provided in said Paragraph 15.06.
ARTICLE 7 - INTEREST
7.01 For contracts involving payment with public funds, including but not limited to cities, counties, towns,
school districts, political subdivisions, or agencies of local governments, all monies not paid when due as
provided in the General Conditions or Supplemental Conditions shall bear interest at a rate specified by
statute. Per Minnesota Statutes 471.425, Subd4, it shall be 1 ½% per month or part of a month.
ARTICLE 8 - CONTRACTOR’S REPRESENTATIONS
8.01 In order to induce Owner to enter into this Contract, Contractor makes the following representations:
A. Contractor has examined and carefully studied the Contract Documents, and any data and reference
items identified in the Contract Documents.
B. Contractor has visited the Site, conducted a thorough, alert visual examination of the Site and adjacent
areas, 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 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
adjacent to the Site and all drawings of physical conditions relating to existing surface or subsurface
structures at the Site that have been identified in the Supplementary Conditions, especially with respect
to Technical Data in such reports and drawings, and (2) reports and drawings relating to Hazardous
Environmental Conditions, if any, at or adjacent to the Site that have been identified in the
Supplementary Conditions, especially with respect to Technical Data in such reports and drawings
E. Contractor has considered the information known to Contractor itself; information commonly known to
contractors doing business in the locality of the Site; information and observations obtained from visits
to the Site; the Contract Documents; and the Site-related reports and drawings identified in the Contract
Documents, with respect to the effect of such information, observations, and documents on (1) the cost,
progress, and performance of the Work; (2) the means, methods, techniques, sequences, and procedures
of construction to be employed by Contractor; and (3) Contractor’s safety precautions and programs.
F. Based on the information and observations referred to in the preceding paragraph, Contractor agrees
that no 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.
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.
T16.110738 – Lakeville, MN AGREEMENT
Lift Station No. 6 Improvements PAGE 00520-4
H. Contractor has given Engineer written notice of all conflicts, errors, ambiguities, or discrepancies that
Contractor has discovered in the Contract Documents, and the written resolution thereof by Engineer is
acceptable to Contractor.
I. The Contract Documents are generally sufficient to indicate and convey understanding of all terms and
conditions for performance and furnishing of the Work.
J. Contractor’s entry into this Contract constitutes an incontrovertible representation by Contractor that
without exception all prices in the Agreement are premised upon performing and furnishing the Work
required by the Contract Documents.
ARTICLE 9 - CONTRACT DOCUMENTS
9.01 Contents
A. The Contract Documents consist of the following:
1. This Agreement (pages 1 to 6, inclusive).
2. Performance bond (pages 1 to 3, inclusive).
3. Payment bond (pages 1 to 3, inclusive).
4. General Conditions (pages 1 to 65, inclusive).
5. Supplementary Conditions (pages 1 to 18, inclusive).
6. Specifications as listed in the table of contents of the Project Manual.
7. Drawings consisting of 10 sheets with each sheet bearing the following general title: Orchard Trail
Lift Station, Lakeville, MN.
8. Addenda (numbers 1 to 1, inclusive).
9. Exhibits to this Agreement (enumerated as follows):
(a) Contractor’s Bid (pages 1 to 14, inclusive).
(b) Responsible Contractors Certification and Attachment A-1
(c) Documentation submitted by Contractor prior to Notice of Award (none).
10. The following which may be delivered or issued on or after the Effective Date of the Agreement
and are not attached hereto:
(a) Notice to Proceed (pages 1 to 1, inclusive).
(b) Work Change Directives.
(c) Change Orders.
B. The documents listed in Paragraph 9.01 A. are attached to this Agreement (except as expressly noted
otherwise above).
C. There are no Contract Documents other than those listed above in this ARTICLE 9 -.
D. The Contract Documents may only be amended, modified, or supplemented as provided in the General
Conditions.
ARTICLE 10 - MISCELLANEOUS
10.01 Terms
A. Terms used in this Agreement will have the meanings stated in the General Conditions and the
Supplementary Conditions.
T16.110738 – Lakeville, MN AGREEMENT
Lift Station No. 6 Improvements PAGE 00520-5
10.02 Assignment of Contract
A. Unless expressly agreed to elsewhere in the Contract, no assignment by a party hereto of any rights
under or interests in the Contract will be binding on another party hereto without the written consent of
the party sought to be bound; and, specifically but without limitation, money that may become due and
money that is due may not be assigned without such consent (except to the extent that the effect of this
restriction may be limited by law), and unless specifically stated to the contrary in any written consent
to an assignment, no assignment will release or discharge the assignor from any duty or responsibility
under the Contract Documents.
10.03 Successors and Assigns
A. Owner and Contractor each binds itself, its successors, assigns, and legal representatives to the other
party hereto, its successors, assigns, and legal representatives in respect to all covenants, agreements,
and obligations contained in the Contract Documents
10.04 Severability
A. 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 provision.
10.05 Contractor’s Certifications
A. Contractor certifies that it has not engaged in corrupt, fraudulent, collusive, or coercive practices in
competing for or in executing the Contract. For the purposes of this Paragraph 10.05:
1. “corrupt practice” means the offering, giving, receiving, or soliciting of anything of value likely to
influence the action of a public official in the bidding process or in the Contract execution;
2. “fraudulent practice” means an intentional misrepresentation of facts made (a) to influence the
bidding process or the execution of the Contract to the detriment of Owner, (b) to establish Bid or
Contract prices at artificial non-competitive levels, or (c) to deprive Owner of the benefits of free
and open competition;
3. “collusive practice” means a scheme or arrangement between two or more Bidders, with or without
the knowledge of Owner, a purpose of which is to establish Bid prices at artificial, non-competitive
levels; and
4. “coercive practice” means harming or threatening to harm, directly or indirectly, persons or their
property to influence their participation in the bidding process or affect the execution of the
Contract.
10.06 Other Provisions
The Contractor must comply with the Minnesota Government Data Practices Act, Minnesota Statutes
Chapter 13, as it applies to (1) all data provided by the Owner pursuant to this Agreement, and (2) all data,
created, collected, received, stored, used, maintained, or disseminated by the Contractor pursuant to this
Agreement. The Contractor is subject to all the provisions of the Minnesota Government Data Practices
Act, including but not limited to the civil remedies of Minnesota Statutes Section 13.08, as if it were a
government entity. In the event the Contractor receives a request to release data, the Contractor must
immediately notify the Owner. The Owner will give the Contractor instructions concerning the release of
the data to the requesting party before the data is released. Contractor agrees to defend, indemnify, and hold
the Owner, its officials, officers, agents, employees, and volunteers harmless from any claims resulting from
Contractor’s officers’, agents’, owners’, partners’, employees’, volunteers’, assignees’ or subcontractors’
unlawful disclosure and/or use of protected data. The terms of this paragraph shall survive the cancellation
or termination of this Agreement.
10.07 Owner stipulates that if the General Conditions that are made a part of this Contract are based on EJCDC®
C-700, Standard General Conditions for the Construction Contract, published by the Engineers Joint
Contract Documents Committee®, and if Owner is the party that has furnished said General Conditions,
then Owner has plainly shown all modifications to the standard wording of such published document to the
T16.110738 – Lakeville, MN AGREEMENT
Lift Station No. 6 Improvements PAGE 00520-6
Contractor, through a process such as highlighting or “track changes” (redline/strikeout), or in the
Supplementary Conditions.
IN WITNESS WHEREOF, Owner and Contractor have signed this Agreement. Counterparts have been delivered to Owner
and Contractor. All portions of the Contract Documents have been signed or have been identified by Owner and Contractor
or on their behalf.
This Agreement will be effective on April 4, 2016.
OWNER: CONTRACTOR:
City of Lakeville, Minnesota
By: By:
Title: Title:
(If Contractor is a corporation, a partnership, or a joint
venture, attach evidence of authority to sign.)
Attest: Attest:
Title: Title:
Address for giving notices: Address for giving notices:
License No.:
(If Owner is a corporation, attach evidence of authority to
sign. If Owner is a public body, attach evidence of authority
to sign and resolution or other documents authorizing
execution of this Agreement.)
(Where applicable)
NOTE TO USER: Use in those states or other
jurisdictions where applicable or required.
Agent for service of process:
****END OF SECTION****