HomeMy WebLinkAbout5.D.1. Consider Awarding a Contract for the 2007 Cemetary Access Improvements, Project No. 2007-7-Res. No. 6593
5. D. I,
CITY OF SHAKOPEE
Memorandum
TO: Mayor & City Council CONSEr~T
Mark McNeill, City Administrator
FROM: Ryan Halverson, Engineering Technician III
SUBJECT: Consider A warding a Contract for the
2007 Cemetery Access Improvements, Project No. 2007-7
DATE: March 20, 2007
INTRODUCTION:
Attached is Resolution No. 6593, which accepts the bids and awards a contract for the
2007 Cemetery Access Improvements, Project No. 2007-7.
BACKGROUND:
On February 6, 2007, City Council adopted Resolution No. 6573, which approved the
plans and specifications and authorized staff to advertise for bids for the 2007 Cemetery
Access Improvements, Project No. 2007-7. The project includes the construction of a
concrete driveway and drainage swale at the intersection of Jasper Road and Hauer Trail.
On March 9, 2007, a bid opening was held for the 2007 Cemetery Access Improvements
Project, in which there were eight bids opened for this improvement project. The bids are
summarized in the attached resolution. From the bid opening, the apparent low bidder is
Link Excavating with a bid of $23,009.70. The Engineer's estimate for this project is
$25,000.00.
The estimated project cost for the 2007 Cemetery Access Improvements Project is
$32,500.00. Adding a 5% contingency to the actual low bid and 25% indirect costs, the
projected project cost is approximately $30,200.23, which is below the estimated project
cost.
If Council awards the contract, staff is also requesting a contingency amount equal to 5%
of the contract to cover minor change orders and quantity adjustments that may occur on
the project.
A right-of-entry and vehicular access agreement, a temporary construction easement
agreement, and a quit claim to deed agreement are necessary to obtain permission from
the adjacent land owners. The documents have been created and staff is working to
obtain the appropriate signatures to complete the agreements. If staff is unable to obtain
all of the necessary signatures prior to the March 20, 2007 Council Meeting, this memo
and resolution will need to be removed from the agenda.
ALTERNATIVES:
1. Accept the low bid of Link Excavating and adopt Resolution No. 6593.
2. Reject the low bidder and award to another bidder.
3. Reject all bids and rebid.
4. Approve a 5% contingency amount on this project for use by the City Engineer in
authorizing change orders or quantity adjustments on this project.
5. Authorize the appropriate City officials to execute an extension agreement with
WSB & Associates, Inc. to perform construction staking services on the 2007
Cemetery Access Improvements.
6. Table for additional information. .
RECOMMENDATION:
Staff recommends Alternative No.1 and No.4 and No.5 in order for this project to
commence.
ACTION REQUESTED:
1. Offer Resolution No. 6593, A Resolution Accepting Bids on the 2007 Cemetery
Access Improvements, Project No. 2007-7 and move its adoption.
2. Approve a 5% contingency amount on this project for use by the City Engineer in
authorizing change orders or quantity adjustments on this project.
3. Authorize the appropriate City officials to execute an extension agreement with
WSB & Associates, Inc. to perform construction staking services on the 2007
Cemetery Access Improvements.
,~L
Ryan Halverson
Engineering Technician III
RHlpmp
ENGRl2006PROJECT/CEMETERYPROJECTIWORDlMEM6593
RESOLUTION NO. 6593
A Resolution Accepting Bids For
For The 2007 Cemetery Access Improvements
Project No. 2007-7
WHEREAS, pursuant to an advertisement for bids for the 2007 Cemetery Access
Improvements, Project No. 2007-7, bids were received, opened on March 9, 2007, and tabulated
according to law, and the following bids were received complying with the advertisement:
Bidder Amount
Link Excavating $23,009.70
S.M. Hentges & Sons $24,952.20
Chambers Excavating & Trucking $25,518.90
Aslakson's Blacktopping Service $26,421.45
New Look Contracting Inc. $26,974.00
Parrott Contracting mc. $30,120.00
Do-Right Construction $31,246.00
Sunram Construction $44,134.00
WHEREAS, it appears that Link Excavating, 1208 South Monroe Street, Shakopee, MN
55379 is the lowest responsible bidder for the 2007 Cemetery Access Improvements.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF
SHAKOPEE, MINNESOTA:
1. The appropriate City officials are hereby authorized and directed to enter into a
contract with Link Excavating in the name of the City of Shakopee for the 2007 Cemetery Access
Improvements Project according to the plans and specifications therefore approved by the City
Council and on file in the office of the City Clerk.
2. The City Clerk is hereby authorized and directed to return forthwith to all bidders
the deposits made with their bids, except that the deposits of the successful bidder and the next
lowest bidder shall be retained until a contract has been signed.
Adopted in session of the City Council of the City of Shakopee,
Minnesota, held this day of ,2007.
Mayor ofthe City of Shakopee
ATTEST:
City Clerk
MAR, 14,2007 3:45PM 7632877180 NO, 3778 p, 2
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WSB
&< 1J.~soclale.r. Inf'. Infrastructure _ Engineering - Planning - Construction 701 Xenia Avenue South
SUite 300
Minneapolis, MN 55416
Tel: 763541-4800
FaX: 763541.1700
March 14, 2007
Mr. Bruce Loney, P.E.
Public Works Director
City of Shakopee
500 Gonnan Street
Shakopee,~ 55379
Re: Extension Agreement to provide Construction
Surveying Services for the 2007 Cemetery Access
Road Improvements
City Project No. 2007-7
City of Shakopee, MN
Dear Mr. Loney:
According to our Agreement for Professional Services with the City of Shakopee, this extension
agreement is written to provide for construction services for the above-referenced project.
Weare proposing to complete this work on a cost-reinlbursable ba.sis as necessary with a
maximum not-to-exceed cost of $1,000.00 The City of Shakopee agrees to reimburse WSB &
Associates for these services in accordance with our Agreement for Professional Services.
Ifthis agreement meets with your approval, please sign below and return one copy to our office.
Sincerely,
WSB & Associates, Inc.
~.~
Steven V. Ische, PLS
Survey Group Manager
City Administrator
City Clerk
Mayor
Date
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RIGHT-OF-ENTRY AND VEHICULAR ACCESS EASEMENT AGREEMENT
THIS RIGHT-OF-ENTRY AND VEHICULAR ACCESS EASEMENT
AGREEMENT is made effective as of the execution date indicated below by Robert Pulk and
Shona M. Buesgens-Pulk, husband and wife, ("the Pulks") and the City of Shakopee ("City").
WHEREAS, the Pulks are the fee owners of real. property located in the City of
Shakopee, ScottCounty, Minnesota, legally described as:
See Exhibit A
("Pulk Property"); and
WHEREAS, a public road known as Hauer Trail was formerly located adjacent to the
Pulk Property;
WHEREAS, the City vacated the portion of Hauer Trail that was adjacent to the Pulk
Property;
WHEREAS, the vacated portion of Hauer Trail provided the only viable means for
vehicular and pedestrian access to a cemetery owned and operated by Catholic Cemeteries of
Shakopee;
WHEREAS, the City has requested that the Pulks grant the City a right of entry and
vehicular access easement so that members of the public can access the Cemetery; and
WHEREAS, the Pulks are willing to grant the City such an easement subject to the terms
and conditions in this Agreement;
WHEREAS, Catholic Cemeteries has agreed that it will make no claim to the vacated
portion of Hauer Trail if the Pulks enter into this Agreement.
NOW, THEREFORE in consideration of the mutual promises contained in this
Agreement, the parties agree as follows:
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1. The Pulks grant and convey to the City a right of entry and easement for vehicular
and pedestrian access over, through, and across the following portion ofthe Pulk Property:
See Exhibit B
("Easement Area").
2. m consideration for the Pulks granting the Easement, the City and the Pulks agree as
follows:
A. The City will replace the asphalt that is cutrehtly located in the vacated portion
of Hauer Trail with concrete and provide for proper drainage to the existing
catch basin in accordance with the construction plans dated February 21,2007.
B. The City will maintain the structural portion of the paved portions of the
Easement Area.
C. The Pulks will do routine maintenance of the paved portions of the Easement
Area, including snow removal.
D. The City will not allow any signage referencing the cemetery in the Easement
Area.
E. The Pulks will provide the City with the necessary temporary construction
easements at no cost so that the City can perform the work required under this
Agreement.
3. The City agrees to indemnify, defend and hold harmless the Pulks from and
against any action, claim, damage, liability, loss, costs or expenses in connection with any claim
or liability arising our of the City's obligations under this Agreement.
4. This Agreement constitutes the entire agreement between the Pulks and the City
and there are no other agreements, either oral or written, between the -Pulks and the City.
concerning the subject matter of this Agreement.
5. The Pulks warrant they are the fee owners of the Pulk Property and have the
right, title and capacity to convey to the City the easement herein.
6. The terms and conditions of this instrument shall run with the land and be binding
on the Pulks and their heirs, successors and assigns.
IN WITNESS WHEREOF, each party to this Agreement has caused it to be
executed on the date indicated below.
298752v3 JJT SH155-23 2
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Dated: ,gjt(!? ,2007. . iII~
I R ert Pulk
~~ )Vh ~~<<~ l-9~
/' Shona M. Buesgens-Pu .
CITY OF SHAKOPEE
Dated , 2007 By:
Its Mayor
By
Its City Clerk
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By:
Its City Administrator
STATE OF MINNESOTA
ss.:
CODN'fYOF SCOTT
The foregoing instrument was acknowledged before . me this l~~ day of
-vY\BAc...L ,2007, by Robert Pulk and Shona M. Buesgens-Pulk, husband and wife, Grantors.
_bd~~
Notary Public
NOTARY STAMP OR SEAL
~-_._._;]
........ DIANE GWOST
'. \ Notary Public-Minnesota
e~Conm_~31.ano
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298752v3 JJT SHl55-23
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STATE OF MINNESOTA
sS.:
COUNTY OF SCOTT
The foregoing instrument was acknowledged, before me this day of
,2007, by John Schmitt, Judy S. Cox and Mark McNeill, the mayor,
city clerk and city administrator, respectively, of the City of Shakopee, a municipal corporation
, under the laws of Minnesota, by and on behalf ofthe corporation.
Notary Public
THIS INSTRUMENT DRAFTED BY:
Kennedy & Graven, Chartered
200 South Sixth Street
470 U S Bank Plaza
Minneapolis, MN 55402.
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EXHIBIT A
That part of the following described tract of land in the City of Shakopee:
(THE PROPERTY)
A tract ofland in the Southwest Quarter of the Northeast Quarter (SW ~ ofNE ~), of Section
Eight (8), Township One Hundred Fifteen (115), Range Twenty-two (22), Scott County,
Minnesota described as follows:
Commencing at the intersection of the East line of said SW ~ of the NE ~ and the Southerly
boundary of County Road No. 16, said point being 601.5 feet North of the SE corner thereof;
thence North 61 degrees 44 minutes West along said Southerly boundary a distance of28.4 feet;
thence South 0 degrees 00 minutes West, parallel to said East linea distance of285.2 feet to the
actual point ofbegimling; thence North 62 degrees 23 minutes 20 seconds West a distance of
152.5 feet; thence North 10 degrees 11 minutes East a distance of 62.9 feet; thence North 62
degrees 23 minutes 20 seconds West a distance of 74.48 feet; thence South 32 degrees 48
iniirutes West a distance of 194.91 feet; thence South 65 degrees 22 minutes East a distance of
325;05 feet; thence North 0 degrees 00 minutes W est a distance of 132.3 feet to the point of
beginning.
And also, that part of one-half ofthe vacated public road (now known as Jasper Road and Hauer
Trail) as dedicated in Deed Document No. 103462, which lies southerly of the south right of way
line of County Road No. 16 and which lies southeasterly of the northeasterly extension of the
southeasterly right of way line of Jasper Road, as dedicated in Hauer's 4th Addition, according to
said plat on file and of record in the office ofthe County Recorder, Scott County, Minnesota.
EXCEPT
That part ofthe Southwest Quarter ofthe Northeast Quarter of Section 8, Township 115, Range
22, Scott County, Minnesota, described as follows:
Commencing at the southeast corner of said Southwest Quarter of the Northeast Quarter; thence
on a bearing of North along the east line of said Southwest Quarter of the Northeast Quarter, a
distance of 575.04 feet; thence North 61 degrees 44 minutes 00 seconds West, a distance of
28.40 feet; thence South, parallel with the east line of said Southwest Quarter of the Northeast
Quarter, a distance of285.20 feet; thence North 62 degrees 23 minutes 20 seconds West, a
distance of 143.93 feet to the point of beginning of the land to be described; thence continuing
North 62 degrees 23 minutes 20 seconds West, a distance of8.57 feet; thence North 10 degrees
11 minutes East, a distance of 62.90 feet; thence North 62 degrees 23 minutes 20 seconds West,
a distance of74.48 feet; thence South 32 degrees 48 minutes 00 seconds West a distance of
194.91 feet; thence South 65 degrees 22 minutes 00 seconds East, a distance of 108.00 feet;
thence North 32 degrees 48 minutes 00 seconds East, a distance of 128.96 feet to the point of
beginning, Scott County, Minnesota.
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EXHIBIT B
That part of a strip ofland 18.00 feet in width over that part of (THE PROPERTY) the centerline of
which is described as follows: Beginning at the intersection of the northeasterly extension of the
southeasterly right of way line of Jasper Road, as dedicated in the plat of Hauer's 4th Addition,
according to said plat on file and of record in the office ofthe County Recorder, Scott County,
Minnesota, and a line drawn parallel with and distant, 33.00 feet northeasterly of the southwesterly
line of vacated Hauer Trail, per vacation Resolution No. 4056 (as dedicated in Deed Doc. No.
103462); thence South 65 degrees 23 minutes 21 seconds East, assumed bearing along said parallel
line, 178.97 feet; thence southeasterly and northeasterly, 55.65 feet, along a tangential curve concave
to the northwest, having a radius of30.00 feet and a central angle of 106 degrees 17 minutes 19
seconds; then~~ North 08 degrees 19 minutes 20 seconds East, tangent to the last described curve,
18.80 feet and said centerline there terminating.
Said strip ofland is to extend by its full width from said northeasterly extension of the
southeasterly right of way line of Jasper Road as dedicated in Hauer's 4th Addition, to a line
drawn westerly and easterly, perpendicular to said centerline and which passes through the point
of termination.
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298752v3 JJT SH155-23
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TEMPORARY EASEMENT FOR CONSTRUCTION
THIS INSTRUMENT is made by Robert M. PuIk and Shona M. Buesgens-PuIk, husband
-and wife, Grantors, in favor of CITY OF SHAKOPEE, a Minnesota municipal corporation,
Grantee.
FOR GOOD AND VALUABLE CONSIDERATION, receipt of which is acknowledged by
Grantors Grantors grant and convey to the Grantee a temporary easement for construction purposes,
including the right of the Grantee, its contractors, agents, and employees to enter upon said
premises at all reasonable times for the purposes of construction, grading, sloping, and restoration
purposes, and all purposes ancillary thereto, together with the right to cut, trim, or remove
therefrom trees, shrubs, or other vegetation" from the easement area, as well as the right to deposit
earthen and construction materials outside of the platted street right-of-way and upon the easement
area. Said easement is granted over, under, across and upon the following described real property:
See Exhibit A
Said temporary easement expires on August 1, 2007
STATE DEED TAX DUE HEREON: NONE
. "~ ". n
Dated this L day of 1n"~ ,2007.
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' ". OlANE GWOST #14
.1 ," Notary Public-Minnesota / ~! /
fb", Cornm. ....~''''''. 31, 2010 Rfb M B~Ik
tAt,. ..._/lI........____ ert .
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" Sho aM. Buesgens-P
307936vl NKE SH155-23
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STATEOFMlNNESOTA )
) SS.
COUNTY OF SCOTT )
The foregoing instrument was acknowledged before me this I ft;~ day of
'-'\'V\~ ,2007, by Robert M. PuIk and Shona M. Buesgens-PuIk, husband and wife,
grantors.
-~~~
Notary Public
NOTARY STAMP OR SEAL
~'--".'-'-;J
.. . ". DIANE GWOST
. ~ Notary Public-Minnesota
f'l;MyComm.""..Jai, 31.2010
""'~.ClIIII:IIM""'V'" ,......
THIS INSTRUMENT DRAFTED BY:
Kennedy & Graven, Chartered
470 U S Bank Plaza
200 South Sixth Street
Minneapolis, MN 55402
307936vl NKE SH155-23
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EXHIBIT" A"
That part of (THE PROPERTY) which lies southwesterly, southerly, easterly and southerly of the
following described line: Beginning at the intersection of said northeasterly extension of the
southeasterly right of way line of Jasper Road and a line drawn parallel with and distant 47.00 feet
northeasterly of said southwesterly line of vacated Hauer Trail; thence South 65 degrees 23 minutes
21 seconds East, assumed bearing along said line drawn parallel with and distant 47.00 feet
northeasterly of the southwesterly line of vacated Hauer Trail, 179.00 feet; thence southeasterly and
northeasterly, 29.68 feet, along a tangential curve concave to the northwest, having a radius of 16.00
feet and a central angle of 106 degrees 17 minutes 19 seconds; thence North 08 degrees 19 minutes
20 seconds East, tangent to the last described curve, 28.80 feet; thence South 81 degrees 40 minutes
40 seconds East, 25.33 feet, to the east line of (THETRACT) and said line there terminating. Except
that part which lies within any of the above described permanent easement for roadway purposes.
307936vl NKE SH155-23