HomeMy WebLinkAbout15.C.2. & 3. Award Contract for Project No. 2003-4 and Project No. 2002-4-Res. No. 5931 and Scott County Cooperative Agreement
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CITY OF SHAKOPEE
Memorandum
TO: Mayor & City Council
Mark McNeill, City Administrator
FROM: Bruce Loney, Public Works Director
SUBJECT: Consider Awarding a Contract for Vierling Drive
Improvements, from CSAH 15 To Orchard Park West,
Project No. 2002-4; and Valley View Road Improvements,
Prom the East Plat Line of Pheasant Run 6th Addition to
The East Plat Line of Greenfield, Project No. 2003-4,
DATE: August 19,2003
INTRODUCTION:
Attached is Resolution No. 5931, which accepts the bids and awards the contract for
Vierling Drive, from CSAH 15 to Orchard Park West, Project No. 2002-4; and Valley
View Road Improvements, from the east plat line of Pheasant Run 6th Addition to the east
plat line of Greenfield, Project No. 2003-4. Also included is a Scott County Cooperative
Agreement for the County to pay for improvements on CSAH 15.
BACKGROUND:
On July 15, 2003, the City Council of Shakopee adopted Resolution No.'s 5910 and
5911, resolutions approving plans and specifications for Vierling Drive improvements,
from CSAH 15 to Orchard Park West, Project No. 2002-4; and Valley View Road
improvements, from the east plat line of Pheasant Run 6th Addition to the east plat line of
Greenfield, Project No. 2003-4.
Valley View Road is a collector street in the City's Transportation Plan. The
improvement project would be for the reconstruction of Valley View Road, from a gravel
road surface to a paved road surface, meeting the Transportation Plan with a 44 foot
width, sidewalk, trail, extension of utilities and storm sewer system for drainage
improvements.
Also, this project is for the completion of Vierling Drive, which is a City collector and
will make a transportation connection from the west end of the City on Taylor Street to
c.R. 16 on the east side of the City by Canterbury Park. This particular collector will be
a four lane, undivided roadway with sidewalk, trail, collector street lighting, storm sewer,
watennain, extension of sanitary sewer and installation of a box culvert crossing on the
Upper Valley Drainageway.
,
On August 18, 2003, sealed bids were received and publicly opened for this project. A
total of five bids were received and are surhmarized in the attached resolution.
From the bid opening, the apparent low bidder was S.M. Hentges & Sons, Inc. from
Jordan, Minnesota with a bid of $1,062,301.95. After checking the bids for correctness
of mathematical errors, the bid submitted by Advanced Concrete Innovations, Inc. of
Jordan, Minnesota has several errors and the adjusted bid was$1,022,3SS.S3. Based on
the changes and corrections, as calculated by staff, the corrected bid submitted by
Advanced Concrete Innovations, Inc. appears to be the lowest bid.
With the bids submitted, staff needs to answer if the bid submitted is responsive and if
the bidder is qualified and responsible to do the work. Staff, City Attorney and Bret
Weiss of WSB & Associates, Inc. reviewed the concerns of the bid submitted and the
qualifications necessary for the bidder to be declared responsible. After several
discussions with the contractor on the issues, the contractor is requesting to withdraw his
bid. The attached resolution reflects the request of Advance Concrete's withdrawal and
the rest of the bids submitted.
From the feasibility reports on both projects, the construction estimates as compared to
the bids received are as follows:
Bid/Estimates Valley View Road Vierling Drive
1. City Feasibility Report $490,926.00 $563,332.00
2. S.M. Hentges & Sons $481,553.22 $580,748.73
The bid received as compared to the feasibility report is favorable and staff would
recommend awarding to S.M. Hentges & Sons, Inc.
In addition to awarding the contract to the low bidder, S.M. Hentges & Sons, Inc., City
staff will need to authorize consultant engineering services to provide construction
surveying, inspection and administration services as necessary for this project. Attached
to this memo is an extension agreement with WSB & Associates, Inc. to perform the
necessary servIces.
If the Council awards this project, staff is also requesting that the Council authorize a
contingent amount equal to 5% of the contract to cover minor change orders or quantity
adjustments that may occur on the project.
Also, attached is a Scott County Cooperative Agreement for work on CSAH 15 that the
County requested and will be reimbursing the City for that work. The County's
contribution is approximately $17,000 of work plus design and construction engineering.
ALTERNATIVES:
1. Accept the low bid of$1,062,301.93 and adopt Resolution No. 5931 awarding the
contract to S.M. Hentges & Sons, Inc.
2. Reject the low bid and award to another bidder.
3. Reject all bids and rebid.
4. Authorize the appropriate City officials to execute an extension agreement with
WSB & Associates, Inc. to provide consultant services on this proj ect.
S. Authorize 5% contingency amount for use by the City Engineer in authorizing
change orders or quantity adjustments on this project.
6. Authorize the appropriate City officials to execute the Scott County Cooperative
Agreement for improvements on CSAH 15 at Vierling Drive.
7. Table for additional information.
RECOMMENDATION:
Staff recommends Alternative No.'s 1, 4, 5 and 6 in order for this project to be
constructed this year.
ACTION REQUESTED:
1. Offer Resolution No. 5931, A Resolution Accepting Bids on Vierling Drive, from
CSAH 15 to Orchard Park West, Project No. 2002-4; and Valley View Road,
from the East Plat Line of Pheasant Run 6th Addition to the East Plat Line of
Greenfield, Project No. 2003-4 and move its adoption.
2. Authorize the appropriate City officials to execute an extension agreement with
WSB & Associates, Inc. to provide consultant services on this project.
3. Authorize 5% contingency amount for use by the City Engineer in authorizing
change orders or quantity adjustments on this project.
4. Authorize the appropriate City officials to execute the Scott County Cooperative
Agreement for CSAH 15 improvements at Vierling Drive.
~cJrjl
ruce Loney;
Public Works Director
BUpmp
MEM5931
RESOLUTION NO. 5931
A Resolution Accepting Bids On
Vierling Drive, From County State Aid Highway 15
To Orchard Park West, Project No. 2002-4;
And Valley View Road, From The East Plat Line
Of Pheasant Run 6th Addition To
The East Plat Line Of Greenfield,
Project No. 2003-4
WHEREAS, pursuant to an advertisement for bids for the Vierling Drive, from CSAH 15
to Orchard Park West, Project No. 2002-4; and Valley View Road, from the east plat line of
Pheasant Run 6th Addition to the east plat line of Greenfield, Project No. 2003-4, bids were
received, opened and tabulated according to law, and the following bids were received complying
with the advertisement:
Bidder Amount
S.M. Hentges & Sons, Inc. $1,062,301.93
Park Construction $1,112,378.94
N.W. Asphalt, Inc. $1,138,017.74
Kusske Construction $1,285,846.75
AND WHEREAS, it appears that S.M. Hentges & Sons, Inc. is the lowest responsible
bidder for Vierling Drive, from CSAH 15 to Orchard Park West, Project No. 2002-4; and Valley
View Road, from the east plat line of Pheasant Run 6th Addition to the east plat line of Greenfield,
Project No. 2003-4.
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 S.M. Hentges & Sons, Inc. in the name of the City of Shakopee for Vierling Drive,
from CSAH 15 to Orchard Park West, Project No. 2002-4; and Valley View Road, from the east
plat line of Pheasant Run 6th Addition to the east plat line of Greenfield, Project No. 2003-4
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.
3. The request by Advanced Concrete Innovations, Inc. to withdraw its bid is
granted and staff is authorized to return its bid bond.
Adopted in session of the City Council of the City of Shakopee,
Minnesota, held this day of ,2003.
Mayor of the City of Shakopee
ATTEST:
City Clerk
/C.:l"t'.::J/OO.LO t". .L
Rug l~ U~ Ub:~~p Kunz L1Vll Lons..
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onstructors, Inc. 11465 54TH Street
Albertville, Minnesota 55301
Direct: (763) 497-8616
Fax: (763) 497-8672
Send To: Ci of Shakopee From: David Kunz
Attention: B ce Date: 08/19/03
Office Locati n: Shakopee, MN Office Location: 11465 54t Street
Albertville, MN 55301
Fax Number: 952-233-3801 Phone Number: 763-497-8616
Total pages, i eluding cover: 1
Comments:
Dear Bruce,
After reviewin the bid documents as submitted to the City of Shako pee; S.A.P. 166-
109-01, Vaney View RoadNierling Drive Project, Advanced Concrete Innovations, Inc.
(ACI) request approval from the City of Shako pee to withdraw our bid as submitted
on 08/18/03.
Upon consulta ion with counsel, we believe that a protracted legal defense of our
proposal woul be successful. However, it is not in the best interest of ACI or the City
of Shako pee to delay a schedule sensitive project in order to defend a position that we
clearly created regardless of our intentions. For that we apologize to the City of
Shakopee and ts consultant for this situation occurring, and hope that our withdrawal
from this proc ss will lead to a successful project for the all involved.
.~~
AUG-19-2003 10:47 WSB & ASSOCIATES INC. . (b..::S~I:f (' (1' (~ t-'.~':::/~4
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dl:A3aoclates.ll1c. August 19, 2003
Mr. Bruce Loney, P.E.
Public Works Director/City Engineer
City of Shakopee
129 Holmes Street South
l: Shakopee, MN 55379-1376
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Re: Extension Agreement to Provide Construction Management & Surveying Services
Valley View Road
,. City Project No. 2003-4
WSB Project No. 1512-00
Vierling Drive from County Road 15 to Orchard Park West plat line
:: "~" City Project No. 20024
, ~~id~lt WSB Project No. 1452-02
Dear Mr. Loney:
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,'..' ."~"'\.,~. . According to our Agreement for Professional Services within the City of Shakopee and Section 1-
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C-2 (Major Projects), this extension agreement is written to provide construction management
.....'P.r ..
:. ;t;~!' ~'::':: " services (as needed) and construction surveying services for the above-referenced projects. We are
.. proposing to complete the work as detailed on the attached scope of services, Exhibit A.
: "
Construction surveying services will be completed on a cost-reimbursable basis as necessary in
accordance with our attached current fee schedule. The total cost for these surveying services for
Valley View Road will be in the $12,500.00 to $15,000.00 range and for Vierling Drive will be in
:~ the $14,000.00 to $17,000.00 range. Please note these costs are for surveying services only, time
, spent on construction management and record drawings will be completed on a cost-reimbursable
basis as necessary in accordance with our attached current fee schedule. The City of Shakopee
agrees to reimburse WSB & Associates for these services in accordance with Section IV of the
Agreement for Professional Services.
:~~; If this agreement meets with your approval, please sign below and return one copy to our office.
'. . Sincerely,
... . .
WSB & Associa.tes, Inc.
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r 'i' '. ~'Q ,. City Administrator
~1; ~.; 'I Steven V. Ische, RLS
~~[ :; , ..:, Survey Group Manager City Clerk
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AUG-19-2003 10:47 WSB & RSSOCIH'~~ INC. (0..:1<::0 ((.I. r"-l r.~..J/~""t
Exhibit A
Valley View Road Improvements
City Proj ect 2003-4
WSB Project No. 1512-00
Vierling Drive - CSAH 15 to Orchard Park West Plat
City Project 2002.4
WSB Project No. 1452-02
SCOPE OF SERVICES
. Construction Management - This task includes correspondence with the City of Shakopee on an as
needed basis on to provide technical direction on aspects of the project. Other responsibilities mIl include
the review of payment vouchers and interpretation of design as needed during construction. This work will
be completed on a cost-reimbursable basis at the rates in the attached rate schedule.
. Construction Staking - WSB & Associates will provide a full time survey crew to do all construction
staking for this project including sanitary sewer, watermain, sewer and water services, stom sewer, street,
sidewalk and trails. Our crews will coordina.te with the on-site City inspector to insure that construction
staking operations are conducted in a timely and efficient manner. Staking will be performed as detailed in
Division I Supplementary General Requirements of the Project Manual.
. Record Drawings - Upon completion of the project, WSB & Associates, Inc. will prepare the final record
drawings based on the field information provided by the City's inspector. Prior to submitting mylars and
electronic files, photocopies of the drawings will be submitted to the City for review and approval. This
work will be completed on a cost-reimbursable basis at the rates in the attached rate schedule.
1 F:II'IPwrM/4SM21EXHA.DOC
AUG-19-2003 10:47 WSB & RooUCIHI~o INC. (0,)<::0 ( (J. (10:) r.Io:J't/Io:J"t
A
WSB 2003 Rate Schedule
ct J.uoclales. Jnc.
I.UIIi ng
/( l/le/Ilour
Principal $113.00
Associate $106.00
S,.. Project Manager $98.00
Project Manager /Engineering Specialist III $89.00
Registered EngineerlEngineering Specialist 11 $80.00
Project EngineerlEngineering Specialist lISr. Construction Observer $ 72.00
Graduate Engineer $63.00
Construction Observer $65.00
Engineering Technician IV/Scientist III $59.00
Engineering Technician llUScientist II $54.00
Engineering Technician IlIScientist I $48.00
Engineering Technician I $42.00
Office Technician II $52.00
Office Technician 1 $29.00
Registered Land Surveyor $100.00
Survey (Two-Person Crew) $119.00
Survey (Three-Person Crew) $141.00
GPS Equipment $39.00
All costs associated with word processing, vehicle mileage, cell phones, reproduction
of common correspondence and mailing are included in the above hourly rates.
Reimbursable expenses include costs associated with plan, specification and report
reproduction.
Rate Schedule is adjusted annually.
TOTAL P.04
CSAH 15 @ Vierling Drive
County of Scott
City of Shakopee
COOPERATIVE AGREEMENT
THIS AGREEMENT, made and entered into this day of , 2003, by and
between the City of Shakopee, a body politic and corporate under the laws of the State of Minnesota,
hereinafter referred to as the "City" and the County of Scott, a body politic and corporate under the laws of
the State of Minnesota, hereinafter referred to as the" County".
RECITALS:
1. The City is considering bringing about the connection of Vierling Drive from County State Aid
Highway (CSAH) 15 to west of Cider Circle as shown on the City Engineers plans for SAP 166-104-07 and
City Project 2002-4, in the City of Shakopee, which improvements contemplate and include grading, aggregate
base, plant-mixed bituminous pavement, concrete curb and gutter, storm sewer, landscaping and other related
improvements; and
2. The County proposes to include roadway improvements to CSAH 15 as part of the project; and
3. The County has expressed its willingness to participate in the construction costs of the CSAH 15
roadway improvements; and
4. , Said work shall be carried out under the direction ofthe City.
NOW, THEREFORE, IT IS HEREBY AGREED:
I
The City shall obtain an approved access permit from the County for all work required at the
intersection, including the widening of CSAH 15. Such work shall be hereinafter referred to as "the project".
The construction plans for the project shall be submitted by the City to the County with the access permit
application. All work shall be completed consistent with the plans approved by the County through approval of
the access permit, and with all other standard conditions of access permit approval.
1
CSAH 15 @ Vierling Drive
County of Scott
City of Shakopee
IT
The County shall reimburse the City Treasurer for the construction costs of the CSAH 15 revisions, in
the amount above the costs incurred to connect Vierling Drive to CSAH 15. Based on the City's preliminary
estimate for the project of $680,000, the County's contribution will be $17,000. This amount shall be paid by
the County to the City within thirty (30) days of award of contract, or execution of this agreement, whichever is
later. It is further agreed that the Engineer's Estimates referred to in this agreement are estimates of the
construction cost for the contract work on said projects and that the unit prices set forth in the contract with the
successful bidder and the final quantities as measured by the Engineer shall govern in computing the total final
contract construction cost for apportioning the cost of said projects according to the provisions of this
paragraph.
ill
fu addition to payment of the County's proportionate share of the contract construction cost, the County
and the City further agree to participate in the Preliminary Engineering, which includes all costs of planning,
design and preparation of plans and specifications, in an amount often percent (10%) ofthe cost of
construction. The County and City further agree to participate in the Construction Engineering, which includes
the complete staking, inspection and supervision of the construction, in an amount of eight percent (8%) of the
final contract amount.
The cost of the items in which the County shall participate shall be based on the unit prices in the
contract and the final construction quantities as determined by the Project Engineer in charge.
IV
The construction of this project shall be under the general supervision and direction of the City. The
County, through the permitting process, shall be responsible for final approval of all work required for the
project. The City Engineer shall cooperate with the County Engineer and his staff at their request to the extent
necessary.
V
The County shall, based on the contract price, deposit with the City Treasurer one hundred percent
(100%) of the County's share ofthe construction and engineering costs as one, full, lump sum payment within
thirty (30) days after award of contract and execution ofthis Agreement, whichever is later.
2
,
CSAH 15 @ Vierling Drive
County of Scott
City of Shakopee
VI
Neither the County, its officers, agents or employees, either in their individual or official capacity, shall be
responsible or liable in any manner to the City for any claim, demand, action or cause of action of any kind or
character arising out of, allegedly arising out of or by reason of the performance, negligent performance or
nonperformance of the hereinbefore described maintenance, restoration, repair or replacement work by the City,
or arising out of the negligence of any contractor under any contract let by the City for the performance of said
work; and the City agrees to defend, save and keep said County, its officers, agents and employees harmless
from all claims, demands, actions or causes of action arising out of negligent performance by the City, its
officers, agents or employees.
vn
It is further agreed that neither the City, its officers, agents or employees, either in their individual or official
capacity, shall be responsible or liable in any manner to the County for any claim, demand, action or cause of
action of any kind or character arising out of, allegedly arising out of or by reason of the performance, negligent
performance or nonperformance of the hereinbefore described maintenance, restoration, repair or replacement
work by the County, or arising out of the negligence of any contractor under any contract let by the County for
the performance of said work; and the County agrees to defend, save and keep said City, its officers, agents and
employees harmless from all claims, demands, actions or causes of action arising out of negligent performance
by the County, its officers, agents or employees.
Vill
It is further agreed that each party to this agreement shall not be responsible or liable to the other or to any
other person whomsoever for any claims, damages, actions, or causes of actions of any kind or character arising
out of, allegedly arising out of or by reason of the performance, negligent performance or nonperformance of
any work or part hereof by the other as provided herein; and each party further agrees to defend at its sole cost
and expense any action or proceeding commenced for the purpose of asserting any claim of whatsoever
character arising in connection with or by virtue of performance of its own work as provided herein.
Each Party shall maintain public liability coverage protecting itself, its Board, officers, agents,
employees and duly authorized volunteers against any usual and customary public liability claims in amounts
which shall, at a minimum, comply with Minn. Stat. 466.04 and Workers' Compensation and shall be in
3
.
CSAH 15 @ Vierling Drive
County of Scott
City of Shakopee
accordance with the Minnesota statutory requirements. Said policies shall be kept in effect during the entire
term of this Agreement.
IX
It is further agreed that any and all employees of the City and all other persons engaged by the City in the
performance of any work or services required or provided herein to be performed by the City shall not be
considered employees, agents or independent contractors of the County, and that any and all claims that mayor
might arise under the Workers' Compensation Act or the Unemployment Compensation Act of the State of
Minnesota on behalf of said City employees while so engaged any and all claims made by any third parties as a
consequence of any act or omission on the part of said City employees while so engaged in any of the work or
services provided to be rendered herein shall be the sole responsibility of the City shall in no way be the
obligation or responsibility of the County.
Any and all employees of the County and all other persons engaged by the County in the performance of any
work or services required or provided for herein to be performed by the County shall not be considered
employees, agents or independent contractors of the City, and that any and all claims that mayor might arise
under the Workers' Compensation Act or the Unemployment Compensation Act of the State of Minnesota on
behalf of said County employees while so engaged and any and all claims made by any third parties as a
consequence of any act or omission on the part of said County employees while so engaged in any of the work
or services provided to be rendered herein shall be the sole responsibility of the County and shall in no way be
the obligation or responsibility of the City.
X
The provisions of Minn. Stat. Sec. 181.59 and of any applicable local ordinance relating to Civil Rights and
discrimination and the affirmative action policy statement of Scott County shall be considered a part of this
agreement as though fully set forth herein.
4
.
CSAH 15 @ Vierling Drive
County of Scott
City of Shakopee
IN TESTIMONY WHEREOF, The parties hereto have caused this agreement to be executed
by their respective duly authorized officers as of the day and year first above written.
CITY OF SHAKOPEE
(SEAL)
By And
William Mars, Mayor Mark McNeil, City Administrator
Date Date
COUNTY OF SCOTT
ATTEST:
By By
David Un macht, County Administrator Jon Ulrich, Chair of Its County Board
Date Date
Upon proper execution, this agreement RECOMMEND FOR APPROVAL:
will be legally valid and binding.
By By
Pat Ciliberto, County Attorney Lezlie Vermillion, County Public Works Director
Date Date
APPROVED AS TO EXECUTION:
By
Pat Ciliberto, County Attorney
Date
W:\ WORD\AGRM1\Access\SH -15& Vierling. doc
5/28/97
Rev. 5/28/97
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