HomeMy WebLinkAboutContract 2294~.
~~ G(J(JN
I~,API DS AGREEMENT
Minnesota
This Agreement, made this 6th day of April, 2010, by and between the City of Coon Rapids,
hereinafter called "Owner" and, Precision Sealcoating, Inc. doing business as a Corporation
hereinafter called "Contractor."
Witnesseth: That for and in consideration of the payments and Agreements hereinafter
mentioned:
1. The Contractor will commence and complete the construction of Improvement
Project Number 10-5, 2010 Street Maintenance Materials -Crack Sealing.
2. The Contractor will furnish all of the materials, supplies, tools, equipment, labor and
other services necessary for the construction and completion of the praject described herein.
3. The Contractor will commence the work required by the Contract Documents within
ten calendar days after the date of Notice to Proceed unless the period for completion is extended
otherwise by the Contract Documents.
4. The Contractor agrees to perform all of the work described in the Contract
Documents for the sum of $ 165,897.00. The term "Contract Documents" means and includes
the following:
(A) Advertisement for Bids
(B) Information for Bidders
(C) Bid
(D) Bid Bond.
(E) Agreement
(F) General Conditions
(G) Modificatian of General Conditions
(H} Performance Bond
(I} Notice of Award
(J) Notice to Proceed
(K) Change Orders(s)
(L) Drawings prepared or issued by City of Coon Rapids.
(M) Specifications prepared or issued by City of Coon Rapids.
(N) Addenda:
S. The Owner will pay to the Contractor in the manner and at such time as set forth in
the General Conditions such amounts as required by the Contract Documents.
6. While any Contractor performs services for the City of Coon Rapids, in consideration
for the contract, the Contractor, subcontractors, agents, employees, and assigns agree not to have
a firearm in possession while at a worksite, traveling in City equipment, or otherwise performing
acts on behalf of the City.
2294
7. This Agreement shall be binding upon all parties hereto and their respective heirs,
executors, administrators, successors, and assigns.
In witness whereof, the parties hereto have executed, or caused to be executed by their duly
authorized~o*~frf~ ials, this written Agreement in duplicate each of which shall be deemed an
ori~inal~n;~uie~Ial~, st above written.
-~~~.~,~ ~,~.- Owner:
(Se ) ~~~ F~ ~';: CITY OF O RAPIDS
~~•C~IiNY~.
ATTES Tim Howe, Mayor
Jo n A. Anderson, City Clerk a thew S. Fulton, City Manager
Approved t o
~.~.v -,
~^~--'
Storiey i s, City Attorney
CON'I'RAC'I'®R
(Seal}
Name of Company: ~ , ~ ~ ~ ~~~ ~(~` . ~ i~` -.
R`I'TES i : Address: (~`{ ~~'- ~~•~ 't~, ,.___
~~
Name: ~~ c, ~ ~ t.~ ~. t~ ~. By: '~~~ ° ~ ~~ .- €~~ c.ti~l.~ ~'~
Title l~.'t1~: iv C.i~ `~- ~~T~ Title: l"~~C.,C:~'~- t~ '~~" ~/ T
AGENT FOR BONDING COMPANY
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Name: ' ,~ , ~~ t~C'~yt,i` ~ ~r~.,y~c~ ..~~-'C: -
Address: ~ C~.1 • ~~'~ ~~t~
Telephone: ~ ' ~ ~ ~(~ "'~'~.~ ~'~~'C~
I~5f13r'?~i1~ 1E:5i 9'~01'~5~~42 E01_iRU4~! Ih~ISUR~'-ONCE PHGE F~!~32
!~~' CERTIFICATE tai= LIABILITY IIV~URANCE
A DATE{MM/DDIYYW}
,, 05113/2010
THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIf3HTS UPON THE CEi~TlF[CATE HC/LDER. TH!$
OEF2TIFICATE DQF~$ NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND QR ALTER THE C01/Et7AGE AFFORGIED @Y THE POLICIES
BELOW. THIS CERTIFICATH OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED
i~EptZESENTATkYE t]R PRODUCER, AND THE CERTIFICATE HOLDER,
IMPORTANT: If the certificate holder is an ADDITIONAL tNSURED, the policy{kes) must rye endorsed If SUBROGATION ES WAiVEB, subject to the
terms and Gonditidn5 Of the policy, certain pDllcles mdy require an endorsement- A statement on this certifioate Jess not adnfer rights to the
Gertkficete holder in Ilea of such erldorsement(s}.
PRODUCER NAME: T Shef Calbaum
Zodrow Insurance PHONE FAx
A1C No
PQ 130% s E-E<IAIL
P
Princeton ~ 54988 INSURERS AFFORDING COVERAGE NAIL a
INSURED INSURERa: Harle sville Insurance
l;recision Sealcoating, 1nG. INSURER B :
P.O. Box 24
{NSURER C
~-`-
Princeton, Wi 5486$
INSURER P
INSURER E
INSURER F
COVERAGE4 CERTIFICATE NUMBER: REV1810N NUMBER:
THIS IS 7p CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW WAVE 61=EN ISSUED Tta THE INURED NAMED ABpVE FOR THE POLICY PERIOD
INDIG'ATECE. N{iTVNTFfSTANDINC,, ANY REGIUIREMENT, TERM OR GCINDITIC7N S7F ANY CONTRACT t0R UTMER dC7CUMENT tMTH RESPECT Tt7 WHICH THIS
CERTIFICATE MAY BE ISSUED QR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES [7ESCRIBEt) HEREIN IS SUf#JECT TlJ ALL THE TERMS,
E7CCLU$1t7NS AND CONCIITIpNS qF SUCH POL{GIES. LIMITS SHOWN MAY NAVE BEEN REDUCED $Y PAID GLAIM$.
ILTR TYPE OF INSURANCE L UeR POUCY NUMBER MM DCD EFF MPMNDIYYYY~ UMITS
A GENERAL LU~BILI'iY
CES
140$5
8 04117!2010 04/17/2011 EACH OCCURRENCE $ ~~(}~
~ IsOMMEF2C-lAL GENERAL LIABILITY I
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_ I GENERAL AGGREGATE $ ~ 000 000
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G_EN'L AU`GREGATEr LIMIT APPLIES PER: PRODUCTS -COMP/OP AGG S
POLICY °J{ PR13 LUC 3
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AND EMPLQYERS
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ANY PROPRIETORIPARTNER1ExEGUTIVE Y 1 N E.L. EACH ACCIDENT $ 100 000
UFFIGEWMEMBEREXCLUQED? ~
ItAandatary In NH) NIA
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DESCRIPTION 4F OPERATIONS l LOCATIONS ! VEHICLES {Attach AGQRD 1Di, Addifir7naf Remadca 3dtMdule, ii mdre spade le required}
Tfte cities of AndeYer, Anoka, l3rDDklyn CBnter, Columbia Heights, IWOOn l`taplds, Ecr6t B8thB1, Fridley and Harn Laka also listed as additional insured if requited
by Gontrect.
f!FRTIFIf`.ATR F[t1Y r]FR CANCELLATION
Ivity ct coon Rapids SHDULD ANY DF THE ABOVE PEBCRiBEP PCLIGIE8 ee CANCELLED BEFORE THE
EXPIRATION 6AT£ THEREQF, NQTICE WILL BE OELtVERED IN ACCORDANCE WITH THE
11155 Robin3on Dr NW PC7uGY PROVISIONS,
CDOn Rapids, !YIN 55433 AUTRORI2 REPRESENTATIVE
ACt71RD ~i5 (~0491t19)
C? 1ji813- ZW8 AGOKU GUFtF'(JltA I IUN. Afl rlgnts reS6lV@p,
The ACQRD name and IQgQ arQ registered marks of AGt]RD
FIRST AMENDMENT TO JOINT POWERS AGREEMENT
1910
TRAFFIC MARKINGS, STREET SWEEPING ~ , . a~ ~ ~`
CRACK SEALING, SCREENING & SEAL COATING 1 ~ ~- ~~;
r~28
This First Amendment to Joint Powers Agreement ("Amendment"} is by and between the
`fie-~'e .
z~~~-t
cities of Coon Rapids, Andover, Brooklyn Center, Columbia Heights, Fridley and Ham Lake
(hereinafter individually the "City" and collectively the "Cities").
WHEREAS, the cities of Coon Rapids, Andover, Brooklyn Center, Columbia Heights
and Fridley entered into a Joint Powers Agreement pursuant to Minn. Stat. § 471.59 and dated
February 1, 2005, for the purpose of combining together for bidding purposes for street
maintenance services (hereinafter "Joint Powers Agreement");
WI-IEREAS, the city of Ham Lake wishes to join in the Joint Powers Agreement and the
original parties to the Joint Powers Agreement wish to have Ham Lake join as well;
WHEREAS, the parties wish to allow the eff dent addition of other cities in the future
without the need for action from each member City's governing body;
1°3OW, THEREFORE, by virtue of the powers granted by law and in consideration of the
mutual covenants and agreements of the parties hereto, it is agreed as follows:
efinitions. All capitalized terms, not otherwise separately defined herein, shall
have the meanings ascribed to them in the Joint Powers Agreement.
2. Addition of Ilam Lake. As of the date hereof, Ham Lake shall became a party to
the Joint Powers Agreement and shall assume all the responsibilities and liabilities of the parties
thereunder.
3. Future Member Cities. Section 11 of the Joint Powers Agreement is hereby
amended to allow for the addition of other member cities to the Joint Powers Agreement. In the
event that Coon Rapids receives a request from another city to join the Joint Powers Agreement,
and Coon Rapids, in its sole discretion, determines that it is in the best interest of the then-current
member cities to allow the new member city, Coon Rapids may amend the Joint Powers
Agreement to add that new member city. The amended Joint Powers Agreement need only be
executed by Coon Rapids and the new member city. No other terms of the Joint Powers
Agreement may be altered or amended except by agreement in writing signed by all the parties
thereto. Within twenty (20) days of adding a new member city, Coon Rapids shall provide
written notice of that addition to the remaining cities in the Joint Powers Agreement.
4. Full Force and Effect. Except as expressly amended by the provisions hereof,
the terms and provisions contained in the Joint Powers Agreement shall continue to govern the
rights and obligations of the parties, and the Joint Powers Agreement shall remain in full force
and effect.
IN WITNESS WHEREOF, the parties have caused this Amendment to be executed by the
duly authorized officers of their respective governing bodies as of the day of ,
~a0c.
[Signatures on following page]
2
CITY OF COON RAPIDS
By:
Tim Howe, Mayor
By:
Gerald G. Splinter, City Manager
CITY OF BROOKLYN CENTER
By:
Mayor
By:
City Manager
CITY OF FRIDLEY
By:
Mayor
By.
City Manager
CITY OF ANDOVER
By:
Mayor
By:
City Clerk
CITY OF COL IGHTS
t E~
_.
~. ~:_,
ayor~~~
.~
B ~ Y_.
Y~ __
City Manager
CITY OF FIAM LAKE
3
CITY OF COON IDS
By. ~\~.~
Tire Howe, Mayor ~ ; `-
~Y
By:_
_~,~-Cr.-Sgli~:~r, City R
atthew S. Fulton
CITY OF Al\'DO'VER
~ R~~,
o c
gD
~~ /~ /f yp
'
_ ~~-~
~ ~'
41 1
' ~Ivlayor
__
~
~
~~
k~........~~, By: ~..,~.,.~.~ [~~
tan City Clerk
CITY OF BROOKLYN CENTER
By:
M or
By:
CS anage
CITY OF FRIDLEY
May~ir
City Manager
CITY OF COLITlIIB GUTS
B
Mayor y
By: ~, / ,m.
City Manager ~~ /
CITY OF IIAM LfiKE
May r ,.s
By: ~ ~-
Its:
r
"%
.'; ~ .
JOINT POWERS AGREEMENT
TRAFFIC MAE2KINGS, STREET SWEEPING
CRACK SEALING, SCREENING & SEAL COATING
This Joint Powers Agreement ("Agreement") is by and between the cities of Coon
Rapids, Andover, Brooklyn Center, Columbia Heights and Fridley (hereinafter individually the
"City" and collectively the "Cities").
WHEREAS, the Cities have a common need to maintain their streets;
WHEREAS, the Cities have recognized that there is a financial benefit that will be
realized should they combine together for bidding purposes in search of one common contractor;
WI-IEREAS, Minn. Stat. § 471.59 provides for the joint exercise of common or similar
powers by govez-~in~ental units and also provides that any one govertunental unit may perfoz7r~ on
behalf of another govenuilei~tal unit any service or function which that unit would be authorized
to perform for itself;
NOW, THEREFORE, by virtue of the powers granted bylaw and i1~ consideration. of the
mutual covenants and agreements of the parties hereto, it is agreed as follows:
1. I'earpcase. The Cities agree that they have joined together for the purpose of obtaining
a common contractor for certain street maintenance activities aid with the expectation that the
cost to each individual city would be less as a result of this Agreement.
B. Method. Subject to the provisions of this Agreement, Coon Rapids shall prepare any
plans, specifications, bid proposals and advertise for bids for the placement of street traffic
markings, street sweeping, crack sealing, screening and seal coating services. Shortly after the
execution of this Agreement, Coon Rapids will provide each City with a bid form for the various
street maintenance services. Within twenty (20} days after receipt of the bid form, each City
shall provide to Coon Rapids their estimated quantities for the various street maintenance
services anticipated during the summer construction season. A City that fails to return the bid
form. within twenty (20) days maybe, at Coon Rapids' discretion, excluded from the bidding
process.
3. Bid and Award. After receiving the bid quantities from each participating City,
Coon Rapids shall prepare final plans and specifications and advertise for bids in accordance
with. state law. Coon Rapids shall tabulate the bids upon their receipt and make a
recommendation of award to the Cities. The Cities shall have twenty (20} days after receipt of
the recommendation of award to provide Coon Rapids with written approval or rejection of Coon
Rapids' recommendation of award. Cities that reject or fail to respond to Coon Rapids'
recommendation shall be excluded froze the bid award. After receiving the approvals described
herein, Coon Rapids shall award the street maintenance contracts pursuant to state law.
4. ®pting ®eat. The parties hereto recognize that municipal fianding sources and
spending priop-ities may clrazzge tl~rougllout the bidding and award process. h1 recognition.
thereof, within sixty (60} days after a bid has been awarded, a City may opt out of azly individual
bid award and contract by providing written notice to the Director of public Works, City of Coon
Rapids, 11155 Robinson Drive, Coon Rapids, Ivlinnesota 55433.
5. Responsibilities. Each City shall be responsible for:
Preparing maps showing the proposed locations for these services located within
their City including estimating the quantities.
Preparing the streets for markings in accordance with the specifications and
coordinating with the contractors as to the timing of the actual work.
2
Inspecting the contractors' work, measuring the quantities of work performed,
approving and certifying the progress or final payments to contractors.
Within ninety (90) days of written notification of a contract award, paying a
percentage of each City's actual construction cost to Coon Rapids for legal and
administrative costs on a sliding scale basis as follows:
First $0 - $50,000 2.0%
$50,001 to $100,000 1.5%
Over $100,000 1.0%
6. Payments. h1 accordance with the specifications, each contractor will. submit a
separate itemized invoice to each City foz• the work performed in that City. Each City shall pay
invoiced amounts directly to the contractors and shall hold harmless Coon Rapids from any
amounts owed.
7. Indemnification. The parties mutually agree to indemnify and hold each other
hornless from all. claims, demands, and causes of action of any kind of character, including the
cost of defense thereof, resulting from tl~e acts or omissions of their respective councilmembers,
officers, officials, agents and employees relating to activities conducted under this Agreement.
'Tcr ination. Any party hereto may germinate its participation in this Agreement
by adopting a resoh~tian to that effect prior to February 1st of any year and transmitting a copy of
that resolution to each of the remaining cities. In lieu of terni~nation, a city may choose n.ot to
participate in all or a portion of the program in any year by not responding to any of the deadlines
set forth in this Agreement or by opting out as provided in Section 4 herein.
9. Strict Accountability. A strict accounting shall be made of all funds, and reports
of all receipts and disbursements shall be made upon request by any party hereto.
10. Representations. Each of the Cities represent that its govenling body has duly
authorized the execution and delivery hereof, and that upon such execution and delivery, this
Agreement will be binding as against such party.
1.1. Miscellaneous. This Agreement constitutes the entire agreement of the parties on
the matter related hereto. This Agreement shall not be altered or amended, except by agreement
in writing signed by the parties hereto. If any provision of this Agreement shall be held invalid,
illegal, or unenforceable by any court of competent jurisdiction., such holding shall not invalidate
or render unenforceable any other provision hereof, and the remaining provisions shall not in any
way be affected or impaired thereby. This Agreement maybe simultaneously executed in several
counter parts, each of which shall be an original and all of which shall constitute but are and the
same instrument. This Agreement shall be construed in accordance with the laws of the State of
Minnesota.
12. 1Vo Joint Vea~ture. This Agreement is entered into for the purpose of joint
solicitation ofbids and not for a joint undertaking of street maintenance projects. Street projects
are not joint ventures of the parties and no City is liable or responsible for any claims for
damages arising out of any such projects in another City.
Signatures ora followi~zg page)
4
IN WITNESS WHEREOF, the parties have caused this Agreement to be executed by the
duly authorized officers of their respective govez7~ing bodies as of the f„5~" day of February,
2005.
CITY OF COON RAPIDS
By: 7~-
Tim Howl, Mayor
CITY OF ANDOVER
By: ~"
ayor
BY~ ,~L~.~~ v
Gera .Splinter, City Manager
CITY OF DROOKI.YN CENTER
By:
By:
CITY OF FRIDLEY
~,' ~ ~~'
t .. _ ~`
Mayor ~ r"
,~ t
f
.1 ~ 1~ ~. ~ . ~ ~
~- ~- <., E. r .,~ ~_ y t .- ~-L c. ~..- .~ p. r-... _..
By~
By:
City Clerk
CITY OF COLIIIVISIA E~I~ITS
,~
~a. :~--
Mayor
_, - ~ ,~F~
tr:; ~ /
City Manager
5
City Manager
CITY OF COON RkPEOS TkBIlLkT€OI9 OF BIDS
2090 STREET MkIISTEI`~kIdCE MkTERIkLS - FRO,IECT 40.0
ANDOVER, ANOYJd, BR400KLYN CENTER, COLUMBIA HEIGHTS
COON RAPIDS, EAST BETHEL, HAM LAKE, AND FRIDLEY
BID OPENIIQG FEBRUARY 26, 2009,10:00 A.M.
ALLIEDBLAGKTOP FAHRNERASPHALT ATECHNOLOGIESE PEARSONSROS. TRSEPI~CE RKING STRIPING ~EALCDATOING PAVEMENT SOLUTIONS
N0.
DESCRIPTION
UNIT
QTY UNIT
PRICE
TOTAL UNIT
PRICE
TOTAL UNIT
PRICE
TOTAL UNIT
PRICE
TOTAL UNIT
PRICE
TOTAL UNIT
PRICE
TOTAL UNIT
PRICE j
T07AL ~ UNIT
PRICE
TOTAL
BID SCHEDULEN0.1
___ ___ __
1 AGGREGATE FOR SEAL COAT
DRESSER TRAP ROCK
FURNISH 1 INSTALL FA-2 AGGREGATE SY 646211 0.6fi 558 499.26 0.36 302 943.54 0.90 761,589.90 0.72 609 271.92
FURNISH l INSTALL FA-2 MODIFIED 118" SY 157800 0.71 112 038.00 0,42 65 644.80 1.00 '157 800.00 0.89 140 442.00
TOTAL DRESSER TRAP ROCK (BASE BIDJ 670,537.26 368,568.34 919,369.90 749,713.92
ALTERNATE -GRANITE
FURNISH! INSTALL FA-2 AGGREGATE SY 846211 I 0.50 423105.50 0.37 313 098.07 0.80 676968.80 0.60 507,726.60 f
I
TOTAL GRANITE (ALTERNATE) 423,105.50 313,098.07 676,968.80 507,726,60
2 SEAL COAT OIL
FURNISH IINSTALL GRS-2 SEAL COAT 0{L GAL 226597 2.50 571492.50 4.07 929 246.81 2,10 '480 053.70 2.70 617 211.90
FURNISH t INSTALL CRS-2P POLYMER MOD GAL 41835 2.90 121321.50 4.25 177 798.75 2.41 :100 822,35 3.00 125 505.00 _ __ _
TOTAL SEAL COAT OIL 692,814.00 1,107,045.56 :580,876.05 742,716.90
3 CDVERING MARKINGS
FURNISH t INSTALL SINGLE P.RROW EA 1 275.00 275.00 60.00 60.00 50.00 50.00 900.00 900.00 _ ~ __ __. ___
FURNISH 1 INSTALL CROSSWALK PANEL 3' X 6' EA 10 187.00 1,670.00 20.00 200.00 75.00 150.00 500.00 5,000.00
FURNiSHlINSTALL4"LINE-SOLID LF 1409 1.67 2634.83 1.50 2113.50 L00. 1,409.00 4,00 5,636.00
~ TOTAL COVERING MARKINGS 4,779.83 2,373.b0 2,209.00 11,536.00 I
'
TOTA BID SCHEDULE ND.1 (BASE BID) 1,388,131A9 1,478,001.39 ~S,
562,474.95 1,503,966.82
TOTAL BID SCHEDULE N0.1(ALTERNATE) 1,120,699.33 1,422,517.13 1,,2fi0,D53.85 1,261,979.60
------ --- - ~--- l-- -- -----_ .__ __---
BID SCHEDULE N0.2-TRAFFIC MARKINGS ~ ~ __ i
I I _ I I I I ___....__
1 FURNISH I INSTALL STREET MARKINGS GAL 4765 18.36 87 485.40 14.45 68,654.25 17.00 61,005 OD
2 FURNISH/INSTALL SYMBOL MARKINGS GAL 695 103,55 71967.25 90.00 62650.00 90.00 62550.00
C i
-- -.... ,
I
TOTAL B{D SCHEDULE NO.2
--
-
159,452.65 __
131,404.25
143,555.00
_
BID SCHEDULE N0.3 -STREET SWEEPING
1 PROVIDE SPRING SWEEPING HRS 300 78.00 23400.00 135.00 4D 500.00 74.00 22 200.00
2 PROVIDE FALL SWEEPING HRS 380 76.00 28880,00 135.00 5130400 12.99 27736.20
TOTAL BID SCHEDULE N0.3 52,280.00 .91,800.00 49,936.20
BID SCHEDULE N0.4 -CRACK SEALING
i
1 FURNISH I INSTALL CRACK SEALING LF 228000 0.15 171 OOD.00 0.59 134,520.00 f 0.65 147949.20 0.62 141 588.00 0.65 148 200.00
_._ nt a._ w , LES : . ,.7-,rt a ;or` 46' OC '0 i.i4 ~ 24u0906" ' 1.40' 3i~ou:OD'"`
TOTAL BID SCHEDULE N0.4 219,840.00 173,614.00 187,465.20 165,697.00 179,280.00
SUMMARY OF BIDS
TOTAL SEALCOATING (BASE 810) '[,3&8,131.09: 1,478,007.39 1,602,474.95 1,503,966,82
TOTAL SEALCOATING (ALTERNATE) 1,1'34,695.55 1,422,517.13 1;260,053.85 1,261,979.50
TOTAL TRAFFIC MARKINGS 159,452.65 131;404.2§ 143,555.00
TOTAL STREET SV~EPING 52,280.00 91,800.00 49,936.20 (
~''
~';TOTHL CP,ACK SEALING _
_
219,840A0
i
173,814.00
167,465.20 - __. __ __.._...._ ..__ ~ ._
165,89200
179,280.00 ~