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8.5 SR 07-19-2021 Request for Action To Item Number Mayor and City Council 8.5 Agenda Section Meeting Date Prepared by General Business July 19, 2021 Michael Hecker, Parks and Recreation Director Item Description Reviewed by Active Elk River Youth Athletic Complex Cal Portner, City Administrator Project Septic System Reviewed by Action Request Approve, by motion, the contract for Youth Athletic Complex (YAC) Septic System Improvements to Septic Check for $179,990.00. Background/Discussion This project includes construction of a new septic system, trench drain field, service connections, and restoration of impacted pavement/turf areas. The septic system will support the renovated concessions building and new restroom building approved by City Council April 5, 2021. Installation of the septic system will be concurrent with renovation of the concession building and construction of the new restroom building. The bid opening for YAC septic system improvements included three bids. The low bid was Septic Check at $179,990. This is higher than the updated engineers estimate of $170,000 which has been consistent with all of our construction bidding due to COVID inflationary costs. The Active Elk River budget for YAC is $2 million. After the installation of the athletic field lighting and playground the balance was $708,194. Financial Impact Sewer infrastructure improvements are an eligible expense for ARPA funds. The Park Dedication Fund also has sufficient funds available for consideration. The field lighting and playground, completed in 2020, were both under the proposed budget. The 2021 expenses, including the septic and concession are above estimates. Mission/Policy/Goal Ethical, efficient, and responsible Attachments  Bid Tabulations  Septic Check Bid Form The Elk River Vision A welcoming community with revolutionary and spirited resourcefulness, exceptional service, and community engagement that encourages and inspires prosperity. Updated: August 2020 BID OPENING CITY OF ELK RIVER Youth Athletic Complex Septic System Improvements Contractor Ad. 1 Bid Bond RCVF Base Bid {ƷĻźƓĬƩĻĭŷĻƩ/ƚƒƦğƓźĻƭ–––υЋЉЏͲЏВЌ͵ЏЉ ____ ____ ____ _________________ 5‘/ƚƒƦğƓźĻƭ {ĻƦƷźĭ/ŷĻĭƉ–––υЊАВͲВВЉ͵ЉЉ .ǒƩƭƉź9ǣĭğǝğƷźƓŭ–––υЋЋЌͲБЎЉ͵ЉЉ ____ ____ ____ _________________ ____ ____ ____ _________________ ____ ____ ____ _________________ ____ ____ ____ _________________ ____ ____ ____ _________________ ____ ____ ____ _________________ ____ ____ ____ _________________ ____ ____ ____ _________________ 9ƓŭźƓĻĻƩ͸ƭ9ƭƷźƒğƷĻ υЊАЉͲЉЉЉ͵ЉЉ H:\\Projects\\13000\\13673\\Bidding\\YAC\\13673-B_YAC_Bid Opening_032421.docx Standard Form of Agreement 00 52 00-1   DOCUMENT 00 52 00 STANDARD FORM OF AGREEMENT THIS AGREEMENT is by and between City of Elk River (“Owner”) and Septic Check (“Contractor”). Owner and Contractor, in consideration of the mutual covenants hereinafter set forth, agree as follows: ARTICLE 1 – WORK 1.01 Contractor shall complete all Work as specified or indicated in the Contract Documents. The Work is generally described as follows: Provide and install an on-site septic treatment system to serve the concessions building and restroom building at the Elk River Youth Athletic Complex. Work will include all permitting, materials, labor, construction, startup, and restoration for the complete, fully functional, system. ARTICLE 2 – THE PROJECT 2.01 The Project for which the Work under the Contract Documents may be the whole or only a part is generally described as follows: Youth Athletic Complex Septic System Improvements ARTICLE 3 – ENGINEER 3.01 The Project has been designed by SRF Consulting Group, Inc. (Engineer), and its subconsultants, who is to act as Owner’s representative, assume all duties and responsibilities, and have the rights and authority assigned to Engineer in the Contract Documents in connection with the completion of the Work in accordance with the Contract Documents. ARTICLE 4 – CONTRACT TIMES 4.1 Time of the Essence A. All time limits for Milestones, if any, Substantial Completion, and completion and readiness for final payment as stated in the Contract Documents are of the essence of the Contract. 4.2 Construction Start Time A. No work shall star on the site until August 2, 2021. 4.3 Dates for Substantial Completion and Final Payment A. All Work shall be substantially completed on or before Friday, October 29, 2021, and completed and ready for final payment in accordance with Paragraph 14.07 of the General Conditions on or before Friday, November 12, 2021. 4.4 Liquidated Damages A. Contractor and Owner recognize that time is of the essence of this Agreement and that Owner will suffer financial loss if the Work is not completed within the times specified in Paragraph 4.02 above, plus any extensions thereof allowed in accordance with Article 12 of the General Conditions. The parties also recognize the delays, expense, and difficulties involved in proving in a legal or arbitration proceeding the actual loss suffered by Owner if the Work is not completed on time. Accordingly, instead of requiring any such proof, Owner and Contractor agree that as liquidated damages for delay (but not as a penalty), Contractor shall pay Owner a daily charge for each day that expires after the time specified in Paragraph 4.02 for Milestones and/or Substantial Completion until the Work for the Milestones and/or Substantial Completion is complete. After Substantial Completion, if Contractor shall neglect, refuse, or fail to complete the remaining Work within the Contract Time or any proper extension thereof granted by Owner, Contractor shall pay Owner daily charge for each day that expires after the time specified in Paragraph 4.02 for completion and readiness for final payment until the Work is completed and ready for final payment. The daily charges will be based on the original contract value, and will be in the amount shown in the following table: Standard Form of Agreement 00 52 00-2   TABLE OF LIQUIDATED DAMAGES Original Contract Amount Charge Per From More than ($) To and Including ($) Calendar Day ($) 0 25,000 300 25,000 100,000 400 100,000 500,000 900 500,000 1,000,000 1,200 1,000,000 2,000,000 1,500 2,000,000 5,000,000 2,500 5,000,000 10,000,000 3,000 10,000,000 ------- 3,500 ARTICLE 5 – CONTRACT PRICE 5.1 Owner shall pay Contractor for completion of the Work in accordance with the Contract Documents an amount in current funds equal to the sum of the amounts determined pursuant to Paragraphs 5.01.A below: A. For all Unit Price Work, an amount equal to the sum of the established unit price for each separately identified item of Unit Price Work times the estimated quantity of that item as indicated in Contractor’s Bid, attached hereto as an exhibit. As provided in Paragraph 11.03 of the General Conditions, estimated quantities are not guaranteed, and determinations of actual quantities and classifications are to be made by Engineer as provided in Paragraph 9.07 of the General Conditions. Unit prices have been computed as provided in Paragraph 11.03 of the General Conditions. ESTIMATED TOTAL OF ALL UNIT PRICE WORK $ One hundred and seventy-nine $179,990.00 thousand, nine hundred and ninety dollars.  (use words) (figure) ARTICLE 6 – PAYMENT PROCEDURES 6.1 Submittal and Processing of Payments A. Contractor shall submit Applications for Payment in accordance with Article 14 of the General Conditions. Applications for Payment will be processed by Engineer as provided in the General Conditions. 6.2 Progress Payments; Retainage A. Owner shall make progress payments on account of the Contract Price on the basis of Contractor’s Applications for Payment on or about the 15th day of each month during performance of the Work as provided in Paragraphs 6.02.A.1 and 6.02.A.2 below. All such payments will be measured by the schedule of values established as provided in Paragraph 2.07.A of the General Conditions (and in the case of Unit Price Work based on the number of units completed) or, in the event there is no schedule of values, as provided in the General Requirements: 1. Subject to the provisions of SC-14.02, progress payments will be made in an amount equal to the percentage indicated below but, in each case, less the aggregate of payments previously made and less such amounts as Engineer may determine or Owner may withhold, including but not limited to liquidated damages, in accordance with Paragraph 14.02 of the General Conditions: a. Ninety-five percent (95%) of Work completed (with the balance being retainage). Standard Form of Agreement 00 52 00-3   b. Ninety-five percent (95%) of cost of materials and equipment not incorporated in the Work (with the balance being retainage). 2. Upon Substantial Completion, Owner shall pay an amount sufficient to increase total payments to Contractor to 100 percent of the Work completed, less such amounts as Engineer shall determine in accordance with Paragraph 14.02.B.5 of the General Conditions and less 150 percent of Engineer’s estimate of the value of Work to be accepted or corrected as shown on the tentative list of items to be completed or corrected attached to the certificate of Substantial Completion. 6.3 Final Payment A. Upon final completion and acceptance of the Work in accordance with Paragraph 14.07 of the General Conditions, Owner shall pay the remainder of the Contract Price as recommended by Engineer as provided in said Paragraph 14.07. ARTICLE 7 – INTEREST 7.01 Not used. ARTICLE 8 – CONTRACTOR’S REPRESENTATIONS 8.1 In order to induce Owner to enter into this Agreement Contractor makes the following representations: A. Contractor has examined and carefully studied the Contract Documents and the other related data identified in the Bidding 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 Supplementary Conditions as provided in Paragraph 4.02 of the General Conditions and (2) reports and drawings of a Hazardous Environmental Condition, if any, at the Site which has been identified in the Supplementary Conditions as provided in Paragraph 4.06 of the General Conditions. 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 Bidding 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 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. Standard Form of Agreement 00 52 00-4   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. Contractor has given Engineer written notice of all conflicts, errors, ambiguities, or discrepancies that Contractor has discovered in the Contract Documents, and the written resolution thereof by Engineer is acceptable to Contractor. J. The Contract Documents are generally sufficient to indicate and convey understanding of all terms and conditions for performance and furnishing of the Work. ARTICLE 9 – CONTRACT DOCUMENTS 9.1 Contents A. The Contract Documents consist of the following: 1. This Agreement (pages 1 to 6 inclusive). 2. Construction Performance Bond (Document 00 61 11). 3. Construction Payment Bond (Document 00 61 13). 4. General Conditions (pages 1 to 54, inclusive). 5. Supplementary Conditions (Document 00 73 00). 6. Specifications as listed in the table of contents of the Project Manual. 7. Drawings consisting of 6 sheets with each sheet bearing the following general title: Youth Athletic Complex Phase II Improvements. 8. Addenda (numbers 1 to 1, inclusive). 9. Exhibits to this Agreement (enumerated as follows): a. Contractor’s Bid (pages 1 to 3, inclusive). b. Documentation submitted by Contractor prior to Notice of Award (pages to , inclusive). c. . 10. The following which may be delivered or issued on or after the Effective Date of the Agreement and are not attached hereto: a. Notice to Proceed (pages to , inclusive). b. Work Change Directives. c. Change Order(s). B. The documents listed in Paragraph 9.01.A are attached to this Agreement (except as expressly noted otherwise above). C. There are no Contract Documents other than those listed above in this Article 9. Standard Form of Agreement 00 52 00-5   D. The Contract Documents may only be amended, modified, or supplemented as provided in Paragraph 3.04 of the General Conditions. ARTICLE 10 – MISCELLANEOUS 10.1 Terms A. Terms used in this Agreement will have the meanings stated in the General Conditions and the Supplementary Conditions. 10.2 Assignment of Contract A. No assignment by a party hereto of any rights under or interests in the Contract will be binding on another party hereto without the written consent of the party sought to be bound; and, specifically but without limitation, moneys that may become due and moneys that are due may not be assigned without such consent (except to the extent that the effect of this restriction may be limited by law), and unless specifically stated to the contrary in any written consent to an assignment, no assignment will release or discharge the assignor from any duty or responsibility under the Contract Documents. 10.3 Successors and Assigns A. 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. 10.4 Severability A. 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 provision. Standard Form of Agreement 00 52 00-7    IN WITNESS WHEREOF, Owner and Contractor have signed this Agreement in triplicate. One counterpart each has been delivered to Owner, Engineer and Contractor. All portions of the Contract Documents have been signed or identified by Owner and Contractor or on their behalf. This Agreement will be effective on (which is the Effective Date of the Agreement). OWNER: CONTRACTOR City of Elk River By: By: Title: Title: [CORPORATE SEAL] [CORPORATE SEAL] Attest: Attest: Title: Title: Address for giving notices: Address for giving notices: City of Elk River 13065 Orono Parkway Elk River, MN 55330  License No.:  (Where applicable) (If Owner is a corporation, attach evidence of authority to sign. If Owner is a public body, attach evidence of authority to sign and resolution or other documents authorizing execution of Owner-Contractor Agreement.) Agent for service of process: