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Home My WebLink About5.A.2. Consider Awarding a Contract for the 2007 Street Reconstruction Improvements, Project No. 2007-2-Res. No. 6607 S.fI,~1 CITY OF SHAKOPEE Memorandum TO: Mayor & City Council Mark McNeill, City Administrator CONSENT FROM: Jeff Weyandt, Assistant City Engineer SUBJECT: Consider Awarding a Contract for the 2007 Street Reconstruction Improvements, Project No. 2007-2 DATE: May 15,2007 INTRODUCTION: Attached is Resolution No. 6607 which accepts the bids and awards a contract for the 2007 Street Reconstruction Improvements, Project No. 2007-2. Also attached to this memo is the agreement between the City and Milwaukee Manor for costs associated with a storm sewer extension along Dakota Street. The agreement has been prepared by Kennedy & Graven and the Milwaukee Manor Association has given verbal approval. The Council needs to formally approve the agreement and authorize the appropriate City officials to execute the agreement. The storm sewer improvements for Milwaukee Manor have been included m the 2007 Reconstruction Project. BACKGROUND: On April 3, 2007, City Council adopted Resolution No. 6595, which approved the plans and specifications and authorized staff to advertise for bids for the 2007 Street Reconstruction, Project No. 2007-2. The project includes reconstruction of the following streets: . Main Street - 6th Avenue to 1 oth Avenue . 6th Avenue - Spencer Street to Main Street . ih Avenue - Spencer Street to Market Street . 8th Avenue - Spencer Street to Market Street . Dakota Street - 3rd Avenue to Milwaukee Road On May 8, 2007, a bid opening was held on the 2007 Street Reconstruction Project, in which there were 14 bids opened for this improvement project. The bids are summarized in the attached resolution. From the bid opening, the apparent low bidder is Chard Tiling & Excavating, Inc. with a total bid of$I,329,697.77. The Engineer's estimate for this project is $1,691,000.00. The feasibility study for the 2007 Street Reconstruction Improvements contained a construction cost estimate of approximately $1,718,000.00 and a project cost estimate of approximately $2,065,000.00. Adding a 5% contingency and 25% project costs to the actual low bid the projected project cost is approximately $1,745,228.00, which is below the estimated project cost in the feasibility study for the 2007 Street Reconstruction Improvements. ALTERNATIVES: 1. Accept the low bid of Chard Tiling & Excavating, Inc. and adopt Resolution No. 6607. 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 Street Reconstruction Improvements. 6. Authorize the appropriate City officials to execute the agreement between the City of Shakopee and Milwaukee Manor Association for a storm sewer extension along Dakota Street. 7. Table for additional information. RECOMMENDATION: Staff recommends Alternative No.1, No.4, No. 5 and No. 6 in order for this project to be constructed in 2007. ACTION REOUESTED: 1. Offer Resolution No. 6607, A Resolution Accepting Bids on the 2007 Street Reconstruction, Project No. 2007-2 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 Street Reconstruction Improvements. 4. Authorize the appropriate City officials to execute the agreement between the City of Shakopee and Milwaukee Manor Association for a storm sewer extension along Dakota Street. CXt~ Jeff Weyandt, P.E. Assistant City Engineer JW/pmp ENGR/2007PROJECT/2007RECON/WORD/MEM6607-A WARD-CONTRACT RESOLUTION NO. 6607 A Resolution Accepting Bids For For The 2007 Street Reconstruction Project No. 2007-2 WHEREAS, pursuant to an advertisement for bids for the 2007 Street Reconstruction, Project No. 2007-2, bids were received, opened on May 8, 2007, and tabulated according to law, and the following bids were received complying with the advertisement: Bidder Amount Chard Tiling & Excavating, Inc. Kerr Underground, LLC Heselton Construction, LLC Northwest Asphalt, Inc. S.M. Hentges & Sons, Inc. Arcon Construction Co., Inc. Minger Construction, Inc. Three Rivers Construction Ryan Contracting Co. Barbarossa & Sons, Inc. Northdale Construction Co., Inc. Kusske Construction Company Wm. Mueller & Sons, Inc. Dirt Pro, Inc. $1,329,697.77 $1.368,870.74 $1,432,977.75 $1,436,000.74 $1,451,985.03 $1,490,243.02 $1,528,623.90 $1,536,287.92 $1,568,346.25 $1,623,515.30 $1,626,979.58 $1,630,513.70 $1,655,304.67 $1,767,306.87 WHEREAS, it appears that Chard Tiling & Excavating, Inc., 26239 State Hwy. 25, Belle Plaine, MN 56011 is the lowest responsible bidder for the 2007 Street Reconstruction 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 Chard Tiling & Excavating, Inc. in the name of the City of Shakopee for the 2007 Street Reconstruction 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 Minnesota, held this ATTEST: City Clerk session of the City Council of the City of Shako pee, day of , 2007. Mayor of the City of Shakopee This space reserved for recording purposes AGREEMENT REGARDING PAYMENT FOR IMPROVEMENT PROJECT WORK This Agreement is entered into as of this day of , 2007, by and between the City of Shakopee ("City") and Milwaukee Manor Association., a Minnesota non- profit corporation ("Milwaukee Manor"). RECITALS A. Milwaukee Manor is a homeowners' association which owns parcels of land used by the homeowners as common areas. These parcels are located adjacent to Dakota Street between Milwaukee Court and Milwaukee Road in the City ("Property"). The legal description of the Property is attached as Exhibit A to this Agreement. B. The City has received a request from Milwaukee Manor for the City to construct drainage improvements on the Property, consisting of construction of a storm sewer along Dakota Street ("Project"). The City has completed a preliminary design for the Project. The estimated costs for the Project, including engineering and administrative costs are $40,000.00. C. The City has determined that approximately fifty percent of the runoff that will be captured by the Project's storm sewer will come from areas outside of the Milwaukee Manor development. Therefore, the City and Milwaukee Manor have agreed that Milwaukee Manor will be responsible for paying for fifty percent of the Project, with a cap of $20,000.00. 309663v2 SJS SH155-185 1 D. Milwaukee Manor and the City desire to enter into this Agreement to set forth the obligations of Milwaukee Manor with respect to payment for its portion ofthe Project. Now therefore in consideration of the mutual covenants and conditions set forth in this Agreement, the City and Milwaukee Manor agree as follows: 1. The Recitals are true and correct and are incorporated by reference into this Agreement. 2. Milwaukee Manor agrees to reimburse the City for Milwaukee Manor's portion of the Project costs up to a maximum amount of $20,000.00. Upon substantial completion of the Project, the City shall invoice Milwaukee Manor for the actual amount. Milwaukee Manor shall remit full payment within 30 days ofthe date of the invoice. 3. If Milwaukee Manor fails to pay the amount due within 30 days of the date of the invoice, the City shall levy a special assessment associated with Milwaukee Manor's portion of the Project on the Property in accordance with the Feasibility Report. The current estimated amount of the special assessment to be levied against the Property is $20,000.00. The amount of special assessment to be levied against the Property shall not exceed $20,000.00. 4. In the event that Milwaukee Manor does not pay the special assessment in full, Milwaukee Manor agrees that any outstanding principal and interest on the special assessment will become immediately due and payable if Milwaukee Manor sells or conveys the Property to another party. 5. Milwaukee Manor waives notice of hearing and waives the right to the hearing required by Minnesota Statutes Section 429.031 up to a maximum of $20,000.00 in the event that a special assessment is levied on the Property. 6. In the event that the special assessment is levied on the Property, Milwaukee Manor waives any and all rights to appeal or otherwise contest or challenge the levying of the special assessment up to a maximum of $20,000.00 against the Property, including but not limited to the right to challenge whether the increase in fair market value resulting from the Project is at least equal to the amount that is being assessed against the Property and that such increase in fair market value is a special benefit to the Property. Milwaukee Manor further agrees that any requirements of Minnesota Statutes Chapter 429 with respect to the adoption or levying ofthe special assessments are waived to the extent that those requirements are not met. 7. The covenants, waivers and agreements contained in the Agreement shall run with the Property and shall bind future owners of the Property and the heirs, successors and assigns of Milwaukee Manor. It is the intent of the City and Milwaukee Manor that this Agreement be recorded as a part of the property records of Scott County, Minnesota. 8. In the event Milwaukee Manor violates any of the covenants and agreements contained in this Agreement and to be performed by Milwaukee Manor, the City shall have the option to commence an action for monetary damages or specific performance against Milwaukee 309663v2 SJS SH155-185 Manor, and Milwaukee Manor agrees that the City shall be entitled to its administrative costs, legal costs, and reasonable attorneys' fees incurred in connection with that action. 9. Any notices permitted or required to be given or made pursuant to this Agreement shall be delivered personally or mailed by United States Mail to the addresses hereinafter set forth by certified or registered mail. Such notices, demand or payment shall be deemed timely given or made when delivered personally or when deposited in the United States Mail in accordance with the above. Addresses of the parties hereto are as follows: If to the City: City Administrator City Hall 129 Holmes Street South Shakopee, MN 55379 If to Milwaukee Manor: Milwaukee Manor Association Attn: 629 Milwaukee Road Shakopee, MN 55379 309663v2 SJS SH155-185 City of Shakopee By Its Mayor By Its City Administrator By Its City Clerk Milwaukee Manor Association By Its STATE OF MINNESOTA ) ) ss COUNTY OF ) The foregoing instrument was acknowledged before me this day of 2007 by the of Milwaukee Manor Association on behalf of said non-profit corporation. STATE OF MINNESOTA ) ) ss COUNTY OF SCOTT ) The foregoing instrument was acknowledged before me this _ day of 2007 by John Schmitt, Mayor; Mark McNeill, City Administrator and Judith S. Cox, City Clerk of the City of Shakopee, Minnesota, on behalf of said City. This document drafted by: Kennedy & Graven, Chartered 470 U.S. Bank Plaza 200 South Sixth Street Minneapolis, MN 55402 309663v2 SJS SH155-185 EXHIBIT A LEGAL DESCRIPTION OF THE PROPERTY Lot 1, Block 6, Milwaukee Manor 151 Addition, Scott County, Minnesota And Outlot A, Milwaukee Manor 151 Addition, Scott County, Minnesota. 309663v2 SJS SH155-185 A-I ~ WSB & Associates, Inc. Infrastructure I Engineering I Planning I Construction 701 Xenia Avenue South Suite 300 Minneapolis, MN 55416 Tel: 763-541-4800 Fax: 763-541-1700 May 9, 2007 Mr. Jeff Weyandt, PE Assistant City Engineer City of Shakopee Public Works 500 Gorman Street Shakopee, MN 55379-1376 Re: Extension Agreement to Provide Construction Surveying Services 2007 Street Reconstruction Project Dear Mr. Weyandt, According to our Agreement for Professional Services within the City of Shakopee and Section I-C-2 (Major Projects), this extension agreement is written to provide for construction surveying services for the above-referenced project. It is our understanding that this project consists of approximately 6200 linear feet of street and utility reconstruction on urban streets in the older sections of the City. The streets slated for reconstruction are as follows: . Main Street - From 1 Oth Avenue to 6th Avenue . 8th Avenue - From Spencer Street to Market Street . 7th Avenue - From Spencer Street to Market Street . 6th A venue - From Spencer Street to Main Street . Dakota Street - From 3rd A venue to Milwaukee Road . Intersection of 12th Avenue and Valley Park Drive . Milwaukee Manor Storm Sewer WSB will provide the construction staking required for this project on an hourly basis, with a survey crew rate of $162.00 per hour. The total costs for this construction staking is estimated to be in the $25,000.00 to $30,000.00 range. Final cost will depend on the contractor needs. This includes all costs, including mileage, hubs, lathe, and final as-built survey data for the City to use in the preparation ofthe record drawings. It is our understanding that construction may begin around the end of May, 2007. We will be available, as needed, through the duration of the project. Thank you for considering WSB for your construction surveying services. We look forward to working with you and greatly appreciate the opportunity to assist you and your staff in the completion of this project. Minneapolis I St. clou!flLETTER PROPOSALS\Shakopee\2007 Recon\050907extltr.doc Equal Opportunity Employer Mr. Jeff Weyandt, PE Assistant City Engineer City of Shakopee May 9, 2007 Page 2 If this agreement meets with your approval, please sign below and return one copy to our office. If you have any questions regarding this proposal please contact me at 763-287-7181. Sincerely, WSB & Associates, Inc. ~'r.~ Steven V. Ische, PLS Survey Group Manager sm Authorized City Representative Signature Date !~.! i."ni:,R Pkf}:"O\\1 :~'..\h,'i;'~i'C"~\~:":Y:: i{,. (,);'..r;.'~;'}Y;;~.~1H[ ,;,~~