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PROJECT:
OWNER:
WSB PROJECT NO.:
03199-160
Bids Opened: Monday, August 8, 2016 at 10:00 AM
Contractor
Statement of
Qualifications
Proof of
Insurance
Bid Security
(5%)
Responsible
Contractor Form
Addendum No.
1 and 2 Schedule A Schedule B Grand Total Bid
1 G Urban Companies, Inc.X X X X X $55,000.00 $123,400.00 $178,400.00
2 Lloyd's Construction Services, Inc.X X X X X $34,980.00 $177,000.00 $211,980.00
3 Nitti Roll-Off Services Inc.X X X X X $63,008.00 $157,032.00 $220,040.00
4 Carl Bolander & Sons LLC X X X X X $39,202.00 $183,027.00 $222,229.00
5 Semple Excavating & Trucking Inc.X X X X X $44,570.00 $179,810.00 $224,380.00
6 Veit & Company, Inc.X X X X X $50,740.00 $204,750.00 $255,490.00
7 Frattalone Companies X X X X X $180,900.00 $76,233.00 $257,133.00
8 Ramsey Excavating Co Inc.X X X X X $42,614.00 $236,356.00 $278,970.00
9 Landwehr Construction X X X X X $245,000.00 $49,000.00 $294,000.00
Engineer's Opinion of Cost NA
Denotes corrected figure
Ryan Spencer, WSB Project Manager
BID TABULATION SUMMARY
I hereby certify that this is a true and correct tabulation of the bids as received on August 8, 2016
Abatement and Demolition
CSAH 50 Project (7 Sites)
City of Lakeville / Dakota County
K:\03199-160\Admin\Contract\Contract Award\CSAH 50 Project _Bid Tab Summary
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AGREEMENT
THIS AGREEMENT made this 15 th day of August , 20 16 , by and between the CITY OF
LAKEVILLE, a Minnesota municipal corporation (“Owner” or “City”) and Lloyd ’s
Construction Services 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 July 26 , 201 6 prepared by WSB & Associates, Inc.
C. Contractor’s Bid
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 $211,980 inclusive of taxes, if any.
4. PAYMENT PROCEDUR ES.
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 1½
percent per month or any part of a month to the subcontractor
on any undisputed amount not paid on time to the
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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. § 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 September 30 , 201 6.
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.
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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.
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. 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
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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
Contractual Liability (identifying the contract):
Bodily Injury: $2,000,000 each occurrence
Property Damage: $2,000,000 each occurrence
$2,000,000 aggregate
Pollution liability insurance:
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
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$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 in
amounts equal to 100 percent of the contact price will be delivered to the City prior to the
commencement of work on this project.
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.
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.
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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.
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OWNER: CONTRACTOR:
CITY OF LAKEVILLE Lloyd ’s Construction Services, Inc.
BY: BY:
Matt Little, Mayor
ITS:
AND:
Charlene Friedges, City Clerk