HomeMy WebLinkAboutItem 06.g
Date: March 16, 2020 Item No.
2020 STORMWATER MAINTENANCE IMPROVEMENTS
AGREEMENT WITH BLACKSTONE CONTRACTORS, LLC
Proposed Action
Staff recommends adoption of the following motion: Move to approve Agreement with Blackstone
Contractors, LLC for 2020 Stormwater Maintenance Improvements, City Project 20-40.
Overview
The 2020 Stormwater Maintenance Improvements project is designed to manage, preserve and
protect the investment in the City’ stormwater management infrastructure. The project is designed
to remove accumulated sediment/materials that is restricting stormwater flow through existing
flared-end sections (FES), stormwater infrastructure designed to convey water to/from stormwater
management basins. Removing the sediment and replacing with appropriate material will improve
the overall performance and effectiveness of the City’s stormwater management system. City staff
inspected the FES within the watershed of the 2020 Street Reconstruction Project (primarily south
of Orchard Lake) and identified the FES in need of maintenance.
The City received three quotes for City Project 20-40 ranging from a low quote of $64,821
submitted by Blackstone Contractors to a high quote of $161,130. The Engineer’s estimated
construction cost was $115,050. The City’s total estimated project cost is $73,121 (includes
engineering costs and Blackstone Contractors’ construction contract). The attached Agreement
provides the scope of work, cost and schedule for completing the project.
Primary Issues to Consider
• Construction is anticipated to begin in March 2020, with substantial completion by April
2020. Final restoration/completion is expected in May 2020.
Supporting Information
• Agreement; Wenck Letter of Recommendation dated March 10, 2020
Financial Impact: $64,821 Budgeted: Y☒ N☐ Source: Utility Fund – Env. Res.
Envision Lakeville Community Values: Good Value for Public Services
Report Completed by: Mac Cafferty, Environmental Resources Manager
Technical
Memo
Wenck | Colorado | Georgia | Minnesota | North Dakota | Wyoming
Toll Free 800-472-2232 Web wenck.com
To: McKenzie Cafferty
From: Jeff Madejczyk, Wenck Associates, Inc.
Date: March 10, 2020
Subject: City of Lakeville 2020 Street Recon Stormwater Maintenance Project:
City Project 20-40
City Action Requested
Staff is recommending Council authorize a Notice of Award for completing the stormwater
maintenance project
Quote Results
Three quotes were received on March 4, 2020 for the 2020 Street Recon Stormwater
Maintenance Project. Quote results are summarized below, and detail in the attached table.
Summary
Contractor Base Quote Alternate #1 Total Bid
Blackstone Contractors, LLC $ 54,021.60 $ 10,800.00 $ 64,821.60
BKJ Excavating $ 69,980.00 $ 6,885.00 $ 76,865.00
Sunram Construction, Inc. $ 149,250.00 $ 11,880.00 $ 161,130.00
The low quote was Blackstone Contractors, LLC quote of $64,821.00.
Engineer’s Recommendation
The cost is extremely competitive, therefore Wenck recommends that the contract for the
base quote and alternate #1 be awarded to Blackstone Contractors, LLC for $64,821.60.
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FORM OF AGREEMENT
BETWEEN CITY OF LAKEVILLE AND CONTRACTOR
FOR NON-BID CONSTRUCTION CONTRACT
THIS AGREEMENT made this _____ day of _____________, 2020, by and between the
CITY OF LAKEVILLE, a Minnesota municipal corporation (“Owner” or “City”) and
_________________, a ____________________ (“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. Standard General Conditions of the Construction Contract, EJCDC C-700,
2013 Edition, as amended by City of Lakeville Supplementary Conditions
to the General Conditions.
C. Request for Quote Packet and Annotated Plans (City Project #20-40 2020
Street Recon Stormwater Maintenance Project), prepared by Wenck
Associates, Inc., dated 2/11/2020.
D. MnDOT Standard Specifications for Construction, 2018 Edition.
E. City of Lakeville Utility and Street Construction Standard Specifications,
January 2020.
F. 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 “F” 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 Work,
in accordance with the Contractor’s quote. Additional work performed without the City’s written
approval will not entitle the Contractor to an increase in the contract proce or an extension of the
contract times.
4. PAYMENT PROCEDURES.
A. Contractor shall submit Applications for Payment. Applications for
Payment will be processed by the City Engineer. All of the Contractor’s
work and labor shall be subject to the inspection and approval of the City
Engineer. If any materials or labor are rejected by the City Engineer as
Blackstone Conractors, LLC. Minnesota Corporation
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defective or unsuitable, then the materials shall be removed and replaced
with other approved materials and the labor shall be done to the satisfaction
and approval of the City Engineer at the Contractor’s sole cost and expense.
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 1 ½ 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. § 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 Engineer.
Final completion of Work, including final restoration and establishment of
permanent cover (“Restoration), occurs upon completion of all work under
the Contract Documents as determined by the City Engineer.
5. COMPLETION DATE.
A. There is no specific start or completion date for the project; however, the
Contractor will be responsible to comply with the following:
(1) Upon starting the project; said project must be substantially
complete within 30 calendar days,
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(2) The project must be Substantially Completed by June 30th, 2020,
and
(3) The Final Completion date for all work under this contract is July
31st, 2020.
B. Substantial completion shall be defined as the completion of the following
items: excavation, grading, pipe installation, fine filter aggregate import and
placement, final grading and seeding.
C. Completion of the remaining work including but not limited to final
restoration and punch list items shall be by July 31st, 2020.
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,
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 Quoting 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
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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 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 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:
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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 public utility work to be performed by
it pursuant to this Agreement against poor material and faulty workmanship. The warranty period
is two years after utilities are accepted by the City. The Contractor shall post a warranty bond in
the amount of one hundred percent (100%) of final certified costs of the utilities installed to secure
the warranty. The bond must be furnished the City prior to final payment to the Contractor.
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.
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. Performance and Payment Bonds
are not required.
12. MISCELLANEOUS.
A. Terms used in this Agreement have the meanings stated in the General
Conditions.
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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. The Contractor shall not discriminate in the hiring of labor for the
performance of any work under this contract or any subcontract hereunder
or in selecting a material supplier or vendor on the basis of race, creed,
color, sex, or national origin; and shall not discriminate against any persons
who are citizens of the United States and who are qualified and available to
perform the work on the Project. The Contractor and any subcontractor,
material supplier, or vendor shall not in any manner discriminate against, or
intimidate, or prevent the employment of any such person from performing
work under this contract or any subcontract hereunder on the basis of race,
creed, color, sex, or national origin. Any violation of this paragraph shall be
a misdemeanor; and this contract may be canceled or terminated by the City,
and all money due, or to become due, may be forfeited, for a second or any
subsequent violation of the terms or conditions of this contract.
F. 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 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,
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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.
G. 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.
H. 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.
I. 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.
J. 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.
K. 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.
L. 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.
M. 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
BY: ____________________________ BY: ____________________________
Douglas P. Anderson, Mayor Its: _______________________
AND ___________________________
Charlene Friedges, City Clerk
Bruce Karvonen, Vice President