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4.7 SR 01-03-2022Request for Action To Item Number Mayor and Ci T Council 4.7 Agenda Section Meeting Date Prepared by Consent January 3, 2022 Brandon Wisner, Engineering Project Manager Item Description Reviewed by Nature's Edge Business Center, Phase III — Cal Portner, City Administrator Consider Bids and Award Contract Reviewed by Action Requested Adopt, by motion, a resolution approving the low bid submitted by Northwest Asphalt, Inc. in the amount of $1,967,329.71 for the construction of the Nature's Edge Business Center Phase III Improvements. Background/Discussion This third phase will extend 1681h Circle and connect to 1651h Avenue via the proposed Polk Street. The work includes municipal water, sanitary and stormwater components. The smallest portion of land included within the curve of the proposed street will be a future Elk River Municipal Utilities electric substation and city -maintained infiltration stormwater basin. A virtual bid opening occurred on December 13, 2021, with 15 bids were received. Staff agrees with Hakanson Anderson's recommendation to award the contract to Northwest Asphalt, Inc., the lowest responsible bidder. The project was advertised in the Star News on November 20 and 27 and. The draft contract is attached. Commence Construction —January 2022 Municipal Utilities Installed — By end May 2022 Substantial Completion — August 2022 Financial Impact The project will be financed with funds from the Development Fund which will be replenished upon sale of the improved lots. The water and sewer expenses are eligible for American Rescue Plan Act (ARPA) funds, which upon further analysis may be brought to the Council for utilization. Mission/Policy/Goal ■ Responsibly grow Attachments ■ Bid Award Recommendation Letter ■ Resolution ■ Standard Form of Agreement Contract ■ Affidavit of Publication The Elk River Vision A welcoming community with revolutionary and spirited resourcefulness, exceptional service, and community engagement that encourages and inspires pi ospei ly. M TUREJ Updated.• August 2020 Main Office: 45 Hc�lcanson 3601 Thurston Avenue, Anoka, MN 55303 Anderson Phone: 763/42 www.haa-ino.comcom December 15, 2021 Zach Carlton, Planning Manager City of Elk River 13065 Orono Parkway Elk River, MN 55330 RE: Natures Edge Business Center Third Addition Dear Mr. Carlton: Bids were received and opened on December 13, 2021, for the Natures Edge Business Center Third Addition Project. A total of 15 bids were received as shown on the attached Bid Tabulation and as listed below: Total Bid Northwest Asphalt $1,967,329.71 S R Weidema, Incorporated $1,980,001.01 Northern Lines Contracting $2,016,816.44 LaTour Construction, Inc. $2,022,622.27 RL Larson Excavating Inc. $2,053,916.56 Douglas -Kerr Underground, L.L.0 $2,169,868.92 C&L Excavating, Inc $2,177,145.90 PWS $2,240,074.97 Northdale Construction Company, Inc. $2,262,458.42 Rachel Contracting, LLC $2,275,520.76 Kuechle Underground Inc. $2,330,039.96 New Look Contracting, Inc. $2,410,293.85 Veit & Company, Inc. $2,548,703.82 Max Steininger, Inc. $2,722,352.00 Meyer Contracting Inc. $2,741,226.12 It was found that Northwest Asphalt of Shakopee, Minnesota is the low bidder with a total bid of $1,967,329.71. We have worked with Northwest Asphalt on several projects in the past and they have successfully completed all projects. Therefore, we recommend award of the contract to the low bidder, Northwest Asphalt. Sincerely, Hakanson Anderson Shane M. Nelson, Project Engineer Attachment City of Elk River City of Elk River City Council Resolution 22- A Resolution of the City Council of the City of Elk River Accepting Bid and Authorizing Execution of Contract In The Matter of Nature's Edge Business Center Phase 3 WHEREAS, competitive bids were solicited and received for the Natures Edge Business Center Phase 3 Improvement project; and WHEREAS, the City Council has considered the amount of the bids and the responsibility of the bidders and determined that Northwest Asphalt, Inc. is the lowest responsible bidder; NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Elk River, Minnesota, as follows: The Mayor and City Administrator are authorized and directed to execute, on behalf of the City, such contract with Northwest Asphalt, Inc. for the completion of the Natures Edge Business Center Phase 3 Improvements according to the approved plans and specifications designed by Hakanson Anderson and approved by the City Council. 2. The City Administrator is authorized and directed to forthwith return to all bidders the deposits made with their bids upon execution of the contract specified above. Passed and adopted this 3rd day of January 2022. John J. Dietz, Mayor ATTEST: Tina Allard, City Clerk DOCUMENT 00 52 00 STANDARD FORM OF AGREEMENT THIS AGREEMENT is by and between the City of Elk River ("Owner") and Northwest Asphalt, Inc. ("Contractor"). Owner and Contractor hereby 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: Bituminous, Pavement Removal, Concrete Removal, Removals, Grading, Construction of Storm Sewer, Culverts, Construction of Base, Bituminous Paving, Concrete Curb and Gutter, Pavement Markings, Traffic Signs, Trails, Erosion Control, and Restoration. ARTICLE 2—THE PROJECT 2.01 The Project, of which the Work under the Contract Documents is a part, is generally described as follows: Natures Edge Business Center Third Addition ARTICLE 3 — ENGINEER 3.01 The Project has been designed by Hakanson Anderson. 3.02 The Owner has retained Hakanson Anderson ("Engineer") 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 4.01 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. 4.02 Contract Times: Dates A. All Work including Bituminous, Pavement Removal, Concrete Removal, Removals, Grading, Construction of Storm Sewer, Culverts, Sanitary Sewer, Watermain, Bituminous Paving of non wear on 1681h Avenue and Polk Street, Bituminous Paving of non wear and wear course on 1651h Avenue turn lane, Concrete Curb and Gutter, Pavement Markings, Trails, Erosion Control, and Restoration will be substantially completed on or before August 15, 2022, and completed and ready for final payment in accordance with Paragraph 15.06 of the General Conditions on or before June 15, 2023. The bituminous wear course shall not be constructed until one freeze/thaw cycle following the construction of the non wear course on 1681h Avenue and Polk Street. B. Parts of the Work shall be substantially completed on or before the following Milestone(s): Standard Form of Agreement 00 52 00-1 1. Milestone 1: Once the grading commences, the grading shall be substantially completed with 35 calendar days. Milestone 2: Once the construction of the sanitary sewer, watermain or storm sewer commences the project shall be substantially completed within 56 calendar days. Milestone 3: The sanitary sewer and watermain stubs to the Cargill property on 1651h Avenue shall be completed by June 30, 2022. 4.03 Liquidated Damages A. Contractor and Owner recognize that time is of the essence as stated in Paragraph 4.01 above and that Owner will suffer financial and other losses if the Work is not completed and Milestones not achieved within the times specified in Paragraph 4.02 above, plus any extensions thereof allowed in accordance with the Contract. 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): 1. Substantial Completion: Contractor shall pay Owner $1,000 for each day that expires after the time (as duly adjusted pursuant to the Contract) specified in Paragraph 4.02.A above for Substantial Completion until the Work is substantially complete. 2. Completion of Remaining Work: After Substantial Completion, if Contractor shall neglect, refuse, or fail to complete the remaining Work within the Contract Time (as duly adjusted pursuant to the Contract) for completion and readiness for final payment, Contractor shall pay Owner $500 for each day that expires after such until the Work is completed and ready for final payment. 3. Liquidated damages for failing to timely attain Substantial Completion and final completion are not additive and will not be imposed concurrently. 4. Milestones: Contractor shall pay Owner $1,000 for each day that expires after the time (as duly adjusted pursuant to the Contract) specified above for achievement of Milestone 1, until Milestone 1 is achieved. Contractor shall pay Owner $1,000 for each day that expires after the time (as duly adjusted pursuant to the Contract) specified above for achievement of Milestone 2, until Milestone 2 is achieved. Contractor shall pay Owner $1,000 for each day that expires after the time (as duly adjusted pursuant to the Contract) specified above for achievement of Milestone 3, until Milestone 3 is achieved. 4.04 Special Damages A. In addition to the amount provided for liquidated damages, Contractor shall reimburse Owner (1) for any fines or penalties imposed on Owner as a direct result of the Contractor's failure to attain Substantial Completion according to the Contract Times, and (2) for the actual costs reasonably incurred by Owner for engineering, construction observation, inspection, and administrative services needed after the time specified in Paragraph 4.02 for Substantial Completion (as duly adjusted pursuant to the Contract), until the Work is substantially complete. B. After Contractor achieves Substantial Completion, if Contractor shall neglect, refuse, or fail to complete the remaining Work within the Contract Times, Contractor shall reimburse Owner for the actual costs reasonably incurred by Owner for engineering, construction observation, inspection, and administrative services needed Standard Form of Agreement 00 52 00-2 after the time specified in Paragraph 4.02 for Work to be completed and ready for final payment (as duly adjusted pursuant to the Contract), until the Work is completed and ready for final payment. ARTICLE 5 — CONTRACT PRICE 5.01 Owner shall pay Contractor for completion of the Work in accordance with the Contract Documents the amounts that follow, subject to adjustment under the Contract: A. For all Unit Price Work, an amount equal to the sum of the extended prices (established for each separately identified item of Unit Price Work by multiplying the unit price times the actual quantity of that item). B. The extended prices for Unit Price Work set forth as the Effective Date of the Contract are based on estimated quantities. As provided in Paragraph 13.03 of the General Conditions, estimated quantities are not guaranteed, and determinations of the actual quantities and classifications are to made by Engineer. Contractor's Bid is attached hereto as an exhibit. ARTICLE 6 — PAYMENT PROCEDURES 6.01 Submittal and Processing of Payments A. Contractor shall submit Applications for Payment in accordance with Article 15 of the General Conditions. Applications for Payment will indicate the amount of Contractor's fee then payable. Applications for Payment will be processed by Engineer as provided in the General Conditions. 6.02 Progress Payments, Retainage A. Owner shall make progress payments on account of the Contract Price on the basis of Contractor's Applications for Payment as recommended by Engineer on or about the third Monday of each month during construction as provided in Paragraphs 6.02.A.1 and 6.02.A.2 below, provided that such Applications for Payment have been submitted in a timely manner and otherwise meet the requirements of the Contract. All such payments will be measured by the Schedule of Values established as provided in 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 elsewhere in the Contract. 1. For Cost of the Work: Progress payments on account of the Cost of the Work will be made: Prior to Substantial Completion, 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 Owner may withhold, including but not limited to liquidated damages, in accordance with the Contract: 1) 95 percent Cost of Work completed (with the balance being retainage). If the Work has been 50 percent completed as determined by Engineer, and if the character and progress of the Work have been satisfactory to Owner and Engineer, then as long as the character and progress of the Work remain satisfactory to Owner and Engineer, there will be no additional retainage; and 2) 75 percent of cost of materials and equipment not incorporated in the Work (with the balance being retainage). Standard Form of Agreement 00 52 00-3 b. Upon Substantial Completion, Owner shall pay an amount sufficient to increase total payments to Contractor to 95 percent of the Work completed, less such amounts set off by Owner pursuant to Paragraph 15.01.E of the General Conditions, and less 100 percent of Engineer's estimate of the value of Work to be completed or corrected as shown on the punch list of items to be completed or corrected prior to final payment. 6.03 Final Payment A. Upon final completion and acceptance of the Work in accordance with Paragraph 15.06 of the General Conditions, Owner shall pay the remainder of the Contract Price as recommended by Engineer as provided in said Paragraph. ARTICLE 7 — INTEREST 7.01 Not used. ARTICLE 8 — CONTRACTOR'S REPRESENTATIONS 8.01 In order to induce Owner to enter into this Contract, Contractor makes the following representations: A. Contractor has examined and carefully studied the Contract Documents, and data and reference items identified in the Contract Documents. B. Contractor has visited the Site, conducted a thorough, alert visual examination of the Site and adjacent areas, 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 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 adjacent to the Site and all drawings of physical conditions relating to existing surface or subsurface structures at the Site, if any, that have been identified in the Supplementary Conditions, especially with respect to Technical Data in such reports and drawings, and (2) reports and drawings relating to Hazardous Environmental Conditions, if any, at or adjacent to the Site that have been identified in the Supplementary Conditions, especially with respect to any Technical Data in such reports and drawings. E. Contractor has considered the information known to Contractor itself; information commonly known to contractors doing business in the locality of the Site; information and observations obtained from visits to the Site; the Contract Documents; and the Site -related reports and drawings identified in the Contract Documents, with respect to the effect of such information, observations, and documents on (1) the cost, progress, and performance of the Work; (2) the means, methods, techniques, sequences, and procedures of construction to be employed by Contractor,; and (3) Contractor's safety precautions and programs. F. Based on the information and observations referred to in the preceding paragraph, Contractor agrees that no 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. Standard Form of Agreement 00 52 00-4 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. H. 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. I. The Contract Documents are generally sufficient to indicate and convey understanding of all terms and conditions for performance and furnishing of the Work. J. Contractor's entry into this Contract constitutes an incontrovertible representation by Contractor that without exception all prices in the Agreement are premised upon performing and furnishing the Work required by the Contract Documents. ARTICLE 9 — CONTRACT DOCUMENTS 9.01 Contents A. The Contract Documents consist of the following: 1. This Agreement (pages 1 to 7, inclusive). 2. Performance bond (pages 1 to 3, inclusive). 3. Payment bond (pages 1 to 4, inclusive). 4. General Conditions (pages 1 to 72, inclusive). 5. Supplementary Conditions (pages 1 to 7, inclusive). 6. Specifications as listed in the table of contents of the Project Manual. 7. Drawings (not attached but incorporated by reference) consisting of 67 sheets with each sheet bearing the following general title: Natures Edge Business Center Third Addition. 8. Addenda (numbers 1 to 2, inclusive). 9. Exhibits to this Agreement (enumerated as follows): a. Contractor's Bid (pages 1 to 7, inclusive). 10. The following which may be delivered or issued on or after the Effective Date of the Contract and are not attached hereto: a. Notice to Proceed. b. Work Change Directives. C. Change Orders. d. Field Orders. Standard Form of Agreement 00 52 00-5 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. D. The Contract Documents may only be amended, modified, or supplemented as provided in the General Conditions. ARTICLE 10 — MISCELLANEOUS 10.01 Terms A. Terms used in this Agreement will have the meanings stated in the General Conditions and the Supplementary Conditions. 10.02 Assignment of Contract A. Unless expressly agreed to elsewhere in the Contract, 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, money that may become due and money that is 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. 10.03 Successors and Assigns A. Owner and Contractor each binds itself, its successors, assigns, and legal representatives to the other party hereto, its successors, assigns, and legal representatives in respect to all covenants, agreements, and obligations contained in the Contract Documents. 10.04 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. 10.05 Contractor's Certifications A. Contractor certifies that it has not engaged in corrupt, fraudulent, collusive or coercive practices in competing for or in executing the Contract. For the purposes of this Paragraph 10.05: 1. "corrupt practice" means the offering, giving, receiving or soliciting of any thing of value to influence the action of a public official in the bidding process or in the Contract execution; "fraudulent practice" means an intentional misrepresentation of facts made (a) to influence the bidding process or the execution of the Contract to the detriment of Owner, (b) to establish Bid prices at artificial non-competitive levels, or (c) to deprive Owner of the benefits of free and open competition; Standard Form of Agreement 00 52 00-6 3. "collusive practice" means a scheme or arrangement between two or more Bidders, with or without the knowledge of Owner, a purpose of which is to establish Bid prices at artificial, non-competitive levels; and 4. "coercive practice" means harming or threatening to harm, directly or indirectly, persons or their property to influence their participation in the bidding process or affect the execution of the Contract. 10.06 Other Provisions A. Owner stipulates that if the General Conditions that are made a part of this Contract are based on EJCDC° C- 700, Standard General Conditions for the Construction Contract, published by the Engineers Joint Contract Documents Committee°, and if Owner is the party that has furnished said General Conditions, then Owner has plainly shown all modifications to the standard wording of such published document to the Contractor, through a process such as highlighting or "track changes" (redline/strikeout), or in the Supplementary Conditions. IN WITNESS WHEREOF, Owner and Contractor have signed this Agreement. This Agreement will be effective on OWNER: City of Elk River By: Title: Attest: Title: Address for giving notices: (which is the Effective Date of the Contract). CONTRACTOR: Northwest Asphalt. Inc. By: Title: (If Contractor is a corporation, a partnership, or a joint venture, attach evidence of authority to sign.) Attest: Title: Address for giving notices: City of Elk River Northwest Asphalt, Inc. 13065 Orono Parkwav 1451 Stagecoach Road Elk River, MN 55330 Shakopee, MN 55379 License No.: (where applicable) (If Owner is a corporation, attach evidence of authority Use in those states or other jurisdictions where to sign. If Owner is a public body, attach evidence of applicable or required. authority to sign and resolution or other documents authorizing execution of this Agreement.) Standard Form of Agreement 00 52 00-7 NORTHWEST ASPHALT BID CITY OF ELK RIVER NATURES EDGE BUSINESS CENTER THIRD ADDITION Base Bid Northwest Asphalt ITEM NO. Mn/DOT SPEC. NO. ITEM DESCRIPTION UNIT ESTIMATED QUANTITY UNIT PRICE EXTENSION 1 2021.501 MOBILIZATION LUMP SUM 1 $70,400.00 $70,400.00 2 2101.502 CLEARING EACH 10 $112.80 $1,128.00 3 2101.502 GRUBBING EACH 10 $75.20 $752.00 4 2101.505 ICLEARING ACRE 2.15 $7,200.00 $15,480.00 5 2101.505 GRUBBING ACRE 2.15 $4,800.00 $10,320.00 6 2104.502 REMOVE CONCRETE APRON EACH 1 $300.00 $300.00 7 2104.502 REMOVE GATE VALVE AND BOX EACH 1 $400.00 $400.00 8 2104.502 REMOVE HYDRANT EACH 1 $400.00 $400.00 9 2104.502 REMOVE SIGN EACH 1 $50.00 $50.00 10 2104.502 SALVAGE SIGN EACH 2 $50.00 $100.00 11 2104.503 SAWING BITUMINOUS PAVEMENT FULL DEPTH LIN FT 590 $3.50 $2,065.00 12 2104.503 REMOVE WATERMAIN LIN FT 10 $90.00 $900.00 13 2104.503 REMOVE CONCRETE CURB LIN FT 797 $3.50 $2,789.50 14 2104.504 REMOVE BITUMINOUS PAVEMENT SQ YD 1374 $5.00 $6,870.00 15 2106.507 EXCAVATION - COMMON CU YD 95211 $1.96 $186,613.56 16 2106.601 DEWATERING LUMP SUM 1 $44,000.00 $44,000.00 17 2106.604 SUBGRADE SOIL MODIFICATION SQ YD 10471 $0.75 $7,853.25 18 2112.519 SUBGRADE PREPARATION ROAD STA 28.9 $600.00 $17,340.00 19 2211.507 AGGREGATE BASE CLASS 5 - TRAIL CV P CU YD 495 $35.60 $17,622.00 20 2211.507 AGGREGATE BASE CLASS 5 - STREET (CV) (P) CU YD 3088 $27.00 $83,376.00 21 2232.504 MILL BITUMINOUS SURFACE 2.0" SQ YD 124 $20.00 $2,480.00 22 2357.506 BITUMINOUS MATERIAL FOR TACK COAT GALLONS 705 $3.00 $2,115.00 23 2360.504 TYPE SP 12.5 WEARING COURSE MIXTURE 2,B 2.5" THICK SQ YD 2686 $13.70 $36,798.20 24 2360.504 TYPE SP 12.5 WEARING COURSE MIXTURE (3,B) 2.0" THICK SQ YD 10072 $8.65 $87,122.80 25 2360.504 TYPE SP 12.5 NON WEARING COURSE MIXTURE 3,B 2.5" THICK SQ YD 9948 $10.30 $102,464.40 26 2501.502 15" RC PIPE APRON EACH 3 $1,040.00 $3,120.00 27 2501.502 18" RC PIPE APRON EACH 2 $1,102.00 $2,204.00 28 2501.502 21" RC PIPE APRON EACH 1 $1,257.00 $1,257.00 29 2501.502 42" RC PIPE APRON EACH 1 $2,682.00 $2,682.00 30 2501.602 TRASH GUARD FOR 15" PIPE APRON EACH 3 $556.00 $1,668.00 31 2501.602 TRASH GUARD FOR 18" PIPE APRON EACH 2 $610.00 $1,220.00 32 2501.602 TRASH GUARD FOR 21" PIPE APRON EACH 1 $961.00 $961.00 33 2501.602 TRASH GUARD FOR 42" PIPE APRON EACH 1 $2,636.00 $2,636.00 34 2503.503 6" PVC PIPE SEWER SDR 26 LIN FT 274 $39.00 $10,686.00 35 2503.503 12" PVC PIPE SEWER SDR 35 LIN FT 3531 $49.00 $173,019.00 36 2503.503 12" RC PIPE SEWER DESIGN 3006 CL V LIN FT 121 $43.00 $5,203.00 37 2503.503 15" RC PIPE SEWER DESIGN 3006 CL V LIN FT 456 $47.00 $21,432.00 38 2503.503 18" RC PIPE SEWER DESIGN 3006 CL V LIN FT 688 $51.00 $35,088.00 39 2503.503 21" RC PIPE SEWER DESIGN 3006 CL V LIN FT 191 $60.00 $11,460.00 40 2503.503 24" RC PIPE SEWER DESIGN 3006 CL V LIN FT 147 $80.00 $11,760.00 41 2503.503 27" RC PIPE SEWER DESIGN 3006 CL V LIN FT 183 $117.00 $21,411.00 42 2503.503 36" RC PIPE SEWER DESIGN 3006 CL III LIN FT 340 $118.00 $40,120.00 43 2503.503 42" RC PIPE SEWER DESIGN 3006 CL III LIN FT 90 $165.00 $14,850.00 44 2503.602 CONNECT TO EXISTING SANITARY SEWER EACH 1 $1,500.00 $1,500.00 45 2503.602 CONNECT TO EXISTING STORM SEWER EACH 1 $1,500.00 $1,500.00 46 2503.602 6" PVC CAP EACH 5 $60.00 $300.00 47 2503.602 8" PVC CAP EACH 1 $230.00 $230.00 48 2503.602 12" PVC CAP EACH 1 $190.00 $190.00 49 2503.602 21" RC PIPE PLUG EACH 2 $150.00 $300.00 50 2503.602 27" RC PIPE PLUG EACH 1 $170.00 $170.00 51 2503.603 CLEAN AND VIDEO TAPE PIPE SEWER LIN FT 3764 $1.80 $6,775.20 52 2503.603 8" PVC PIPE SEWER - DIRECTIONALL DRILLED LIN FT 79 $182.00 $14,378.00 53 2504.602 CONNECT TO EXISTING WATERMAIN EACH 1 $1,500.00 $1,500.00 54 2504.602 HYDRANT EACH 7 $4,760.00 $33,320.00 55 2504.602 6" GATE VALVE AND BOX EACH 7 $2,040.00 $14,280.00 56 2504.602 8" GATE VALVE AND BOX EACH 5 $2,600.00 $13,000.00 57 2504.602 12" GATE VALVE AND BOX EACH 5 $4,310.00 $21,550.00 58 2504.603 HYDRANT RISER LIN FT 6 $1.00 $6.00 Page 1 of 2 NORTHWEST ASPHALT BID CITY OF ELK RIVER NATURES EDGE BUSINESS CENTER THIRD ADDITION Base Bid Northwest Asphalt ITEM NO. Mn/DOT SPEC. NO. ITEM DESCRIPTION UNIT ESTIMATED QUANTITY UNIT PRICE EXTENSION 59 2504.603 6" WATERMAIN DUCTILE IRON CL 52 LIN FT 85 $65.00 $5,525.00 60 2504.603 8" WATERMAIN DUCTILE IRON CL 52 LIN FT 301 $66.00 $19,866.00 61 2504.603 12" WATERMAIN DUCTILE IRON CL 52 LIN FT 2751 $66.70 $183,491.70 62 2504.603 8" HDPE WATERMAIN DIRECTIONAL DRILLED LIN FT 50 $175.00 $8,750.00 63 2504.603 12" HDPE WATERMAIN (DIRECTIONAL DRILLED) LIN FT 848 $72.00 $61,056.00 64 2504.604 3" POLYSTYRENE INSULATION SQ YD 40 $37.00 $1,480.00 65 2504.608 DUCTILE IRON FITTINGS POUND 6500 $11.50 $74,750.00 66 2506.502 CASTING ASSEMBLY EACH 31 $462.00 $14,322.00 67 2506.503 CONSTRUCT SANITARY STRUCTURE DESIGN 4007 LIN FT 216.2 $287.00 $62,049.40 68 2506.503 CONSTRUCT DRAINAGE STRUCTURE DESIGN 24"X36" LIN FT 13.6 $586.00 $7,969.60 69 2506.503 CONSTRUCT DRAINAGE STRUCTURE DESIGN 48-4020 LIN FT 33.1 $477.00 $15,788.70 70 2506.503 CONSTRUCT DRAINAGE STRUCTURE DESIGN 60-4020 LIN FT 32.5 $731.00 $23,757.50 71 2506.503 CONSTRUCT DRAINAGE STRUCTURE DESIGN 72-4020 LIN FT 27.6 $762.00 $21,031.20 72 2506.503 CONSTRUCT DRAINAGE STRUCTURE DESIGN 96-4020 LIN FT 12.1 $1,268.00 $15,342.80 73 2511.504 GEOTEXTILE FILTER TYPE 4 SQ YD 202 $4.00 $808.00 74 2511.507 RANDOM RIPRAP CLASS IV CU YD 35.9 $166.00 $5,959.40 75 2515.504 ARTICULATED BLOCK MAT CLOSED CELL TYPE B SQ YD 66 $218.00 $14,388.00 76 2521.518 6" CONCRETE WALK SQ FT 128 $11.30 $1,446.40 77 2531.503 CONCRETE CURB AND GUTTER DESIGN B612 LIN FT 101 $25.65 $2,590.65 78 2531.503 CONCRETE CURB AND GUTTER DESIGN B618 LIN FT 5150 $12.65 $65,147.50 79 2531.504 7" CONCRETE DRIVEWAY PAVEMENT SQ YD 28 $63.00 $1,764.00 80 2531.504 8" CONCRETE DRIVEWAY PAVEMENT SQ YD 55 $63.00 $3,465.00 81 2531.618 TRUNCATED DOMES SQ FT 20 $100.00 $2,000.00 82 2533.503 PORTABLE PRECAST CONCRETE BARRIER DESIGN 8337 LIN FT 725 $14.50 $10,512.50 83 2563.601 TRAFFIC CONTROL LUMP SUM 1 $2,250.00 $2,250.00 84 2564.518 SIGN PANELS TYPE C SQ FT 26.3 $55.00 $1,446.50 85 2564.602 INSTALL SIGN EACH 2 $150.00 $300.00 86 2573.501 STABILIZED CONSTRUCTION EXIT LUMP SUM 1 $1,500.00 $1,500.00 87 2573.501 EROSION CONTROL SUPERVISOR LUMP SUM 1 $1,500.00 $1,500.00 88 2573.502 STORM DRAIN INLET PROTECTION EACH 17 $150.00 $2,550.00 89 2573.502 CULVERT END CONTROLS EACH 4 $250.00 $1,000.00 90 2573.503 SILT FENCE; TYPE MS LIN FT 4300 $2.62 $11,266.00 91 2573.503 SEDIMENT CONTROL LOG TYPE WOOD FIBER LIN FT 9200 $2.77 $25,484.00 92 2574.508 FERTILIZER TYPE 1 POUND 7560 $0.64 $4,838.40 93 2575.504 SODDING TYPE LAWN SQ YD 600 $9.15 $5,490.00 94 2575.504 ROLLED EROSION PREVENTION CATEGORY 15 SQ YD 42147 $1.59 $67,013.73 95 2575.508 SEED MIXTURE 25-131 POUND 4576 $4.93 $22,559.68 96 2575.508 SEED MIXTURE 33-261 POUND 154 $25.20 $3,880.80 97 2575.508 HYDRAULIC MULCH MATRIX POUND 5000 $0.74 $3,700.00 98 2575.509 MULCH MATERIAL TYPE 1 TON 58.8 $0.01 $0.59 99 2575.605 SEEDING ACRE 25.4 $595.00 $15,113.00 100 2582.503 4" SOLID LINE MULTI -COMPONENT LIN FT 715 $0.75 $536.25 101 2582.503 4" DOUBLE SOLID LINE YELLOW- EPDXY LIN FT 2359 $1.50 $3,538.50 102 1 2582.518 IPAVEMENT MESSAGE MULTI -COMPONENT SQ FT 90 $6.50 $585.00 BASE BID TOTAL $1,967,329.71 Page 2 of 2 DOCUMENT 00 45 00 AFFIDAVIT OF NON -COLLUSION STATE OF MINNESOTA COUNTY OF -SC­73" I hereby swear (or affirm) under the penalty of perjury: 1. That I am the Bidder (if the bidder is an individual), a partner in the Bidder (if the bidder is a partnership) or an officer or employee of the Bidder corporation having authority to sign on its behalf (if the bidder is a corporation); 2. That the attached bid or bids have been arrived at by the Bidder individually and have been submitted without collusion with, and without any agreement, understanding or planned common course of action designed to limit individual bidding or competition with any other prospective Bidder or vendor of any materials, supplies, equipment or services described in the invitation to bid; 3. That the contents of the bid or bids have not been communicated by the Bidder or its employees or agents to any person not an employee or agent of the Bidder or its Surety on any bond furnished with the bid or bids, and will not be communicated to any such person, prior to any official opening of the bid or bids; and 4. That I have fully informed &Aself!fegar igglhoacS,rfracy of the statements made in this affidavit. Subscribed and sworn to before me' this /3 day of 47 2021. NORTHWEST ASPHALT, INC. 14,51 STAGECOACH ROAD H 1d , ls} 537 Off'cial Title LONDON RYAN NOPOLA . .``-ems a� nt Notary Public Cz� ;;; Minnesota �� Srb� 'r�S jj(�Z�j My Commission Expires Jan 31, 2025 Affidavit of Non -Collusion 00 45 00-1 DOCUMENT 00 45 14 RESPONSIBLE CONTRACTOR VERIFICATION AND CERTIFICATION OF COMPLIANCE PROJECT: NATURES EDGE BUSINESS CENTER THIRD ADDITION Minn. Stat. § 16C.285, Subd. 7. IMPLEMENTATION.... any prime contractor or subcontractor that does not meet the minimum criteria in subdivision 3 or fails to verify that it meets those criteria is not a responsible contractor and is not eligible to be awarded a construction contract for the project or to perform work on the project... Minn. Stat. § 16C.285, Subd. 3. RESPONSIBLE CONTRACTOR, MINIMUM CRITERIA. "Responsible contractor" means a contractor that conforms to the responsibility requirements in the solicitation document for its portion of the work on the project and verifies that it meets the following minimum criteria: (1) The Contractor: (i) is in compliance with workers' compensation and unemployment insurance requirements; (ii) is currently registered with the Department of Revenue and the Department of Employment and Economic Development if it has employees; (iii) has a valid federal tax identification number or a valid Social Security number if an individual; and (iv) has filed a certificate of authority to transact business in Minnesota with the Secretary of State if a foreign corporation or cooperative. (2) The contractor or related entity is in compliance with and, during the three-year period before submitting the verification, has not violated section 177.24, 177.25, 177.41 to 177.44, 181.13, 181.14, or 181.722, and has not violated United States Code, title 29, sections 201 to 219, or United States Code, title 40, sections 3141 to 3148. For purposes of this clause, a violation occurs when a contractor or related entity: (i) repeatedly fails to pay statutorily required wages or penalties on one or more separate projects for a total underpayment of $25,000 or more within the three-year period; (ii) has been issued an order to comply by the commissioner of Labor and Industry that has become final; (iii) has been issued at least two determination letters within the three-year period by the Department of Transportation finding an underpayment by the contractor or related entity to its own employees; (iv) has been found by the commissioner of Labor and Industry to have repeatedly or willfully violated any of the sections referenced in this clause pursuant to section 177.27; (v) has been issued a ruling or findings of underpayment by the administrator of the Wage and Hour Division of the United States Department of Labor that have become final or have been upheld by an administrative law judge or the Administrative Review Board; or (vi) has been found liable for underpayment of wages or penalties or misrepresenting a construction worker as an independent contractor in an action brought in a court having jurisdiction. Provided that, if the contractor or related entity contests a determination of underpayment by the Department of Transportation in a contested case proceeding, a violation does not occur until the contested case proceeding has concluded with a determination that the contractor or related entity underpaid wages or penalties;* Responsible Contractor Certificate 00 45 14-1 (3) The contractor or related entity is in compliance with and, during the three-year period before submitting the verification, has not violated section 181.723 or chapter 326B. For purposes of this clause, a violation occurs when a contractor or related entity has been issued a final administrative or licensing order;* (4) The contractor or related entity has not, more than twice during the three-year period before submitting the verification, had a certificate of compliance under section 363A.36 revoked or suspended based on the provisions of section 363A.36, with the revocation or suspension becoming final because it was upheld by the Office of Administrative Hearings or was not appealed to the office;* (5) The contractor or related entity has not received a final determination assessing a monetary sanction from the Department of Administration or Transportation for failure to meet targeted group business, disadvantaged business enterprise, or veteran -owned business goals, due to a lack of good faith effort, more than once during the three-year period before submitting the verification;* * Any violations, suspensions, revocations, or sanctions, as defined in clauses (2) to (5), occurring prior to July 1, 2014, shall not be considered in determining whether a contractor or related entity meets the minimum criteria. (6) The contractor or related entity is not currently suspended or debarred by the federal government or the state of Minnesota or any of its departments, commissions, agencies, or political subdivisions; and (7) All subcontractors that the contractor intends to use to perform project work have verified to the contractor through a signed statement under oath by an owner or officer that they meet the minimum criteria listed in clauses (1) to (6). Minn. Stat. § 16C.285, Subd. 5. SUBCONTRACTOR VERIFICATION. A prime contractor or subcontractor shall include in its verification of compliance under subdivision 4 a list of all of its first -tier subcontractors that it intends to retain for work on the project. If a prime contractor or any subcontractor retains additional subcontractors on the project after submitting its verification of compliance, the prime contractor or subcontractor shall obtain verifications of compliance from each additional subcontractor with which it has a direct contractual relationship and shall submit a supplemental verification confirming compliance with subdivision 3, clause (7), within 14 days of retaining the additional subcontractors. A prime contractor shall submit to the contracting authority upon request copies of the signed verifications of compliance from all subcontractors of any tier pursuant to subdivision 3, clause (7). A prime contractor and subcontractors shall not be responsible for the false statements of any subcontractor with which they do not have a direct contractual relationship. A prime contractor and subcontractors shall be responsible for false statements by their first -tier subcontractors with which they have a direct contractual relationship only if they accept the verification of compliance with actual knowledge that it contains a false statement. Minn. Stat. § 16C.285, Subd. 4. VERIFICATION OF COMPLIANCE. A contractor responding to a solicitation document of a contracting authority shall submit to the contracting authority a signed statement under oath by an owner or officer verifying compliance with each of the minimum criteria in subdivision 3 at the time that it responds to the solicitation document. A contracting authority may accept a sworn statement as sufficient to demonstrate that a contractor is a responsible contractor and shall not be held liable for awarding a contract in reasonable reliance on that statement. Failure to verify compliance with any one of the minimum criteria or a false statement under oath in a verification of compliance shall Responsible Contractor Certificate 00 4514-2 render the prime contractor or subcontractor that makes the false statement ineligible to be awarded a construction contract on the project for which the verification was submitted. A false statement under oath verifying compliance with any of the minimum criteria may result in termination of a construction contract that has already been awarded to a prime contractor or subcontractor that submits a false statement. A contracting authority shall not be liable for declining to award a contract or terminating a contract based on a reasonable determination that the contractor failed to verify compliance with the minimum criteria or falsely stated that it meets the minimum criteria. CERTIFICATION By signing this document I certify that I am an owner or officer of the company, and I swear under oath that: 1) My company meets each of the Minimum Criteria to be a responsible contractor as defined herein and is in compliance with Minn. Stat. § 16C.285, 2) 1 have included a First Tier Subcontractors List with my company's solicitation response, and 3) if my company is awarded a contract, I will also submit the Additional Subcontractors List as required. Authorized Signature QLOWner or Officer: Printed Name: Title: Date: C' ZA3(Z Company Name: NORTHWEST ASPHALT, INC. 14,51 STAGECOACH ROAD SHAKOPEE9 MN 5537 Sworn -to ands scribed before me this day of /YI 20ZJ Notary Public My Commission Expires: Zs LONDON RYAN NOPOLA Notary Public N0TA1W&WAbtg HERE My Commission Expires Jan 31, 2025 NOTE: Minn. Stat. § 16C.285, Subd. 2, (c) If only one prime contractor responds to a solicitation document, a contracting authority may award a construction contract to the responding prime contractor even if the minimum criteria in subdivision 3 are not met. Responsible Contractor Certificate 00 4514-3 FIRST -TIER SUBCONTRACTORS LIST SUBMIT WITH PRIME CONTRACTOR PROPOSAL PROJECT: NATURES EDGE BUSINESS CENTER THIRD ADDITION Minn. Stat. § 16C.285, Subd. 5. A prime contractor or subcontractor shall include in its verification of compliance under subdivision 4 a list of all of its first -tier subcontractors that it intends to retain for work on the project. FIRST TIER SUBCONTRACTOR NAMES (Legal name of company as registered with the Secretary of State) Name of city where company home office is located Eat � ���.W� � 9�ca o A10 <J�L�+-,i�'i- i �� i...�- CO/ �' � l L� W .--�-✓ `"l.. � G, l r�— / ` 16iL'' ` ..✓°" vs - Responsible Contractor Certificate 00 4514-4 ® b AFFIDAVIT OF PUBLICATION STATE OF MINNESOTA ) ss COUNTY OF SHERBURNE Karen Nelson being duly sworn on an oath, states or affirms that he/she is the Publisher's Designated Agent of the newspaper(s) known as: Star News with the known office of issue being located in the county of . SHERBURNE with additional circulation in the counties of: WRIGHT and has full knowledge of the facts stated below: (A) The newspaper has complied with all of the requirements constituting qualifica- tion as a qualified newspaper as provided by Minn. Stat. §331A.02. (B) This Public Notice was printed and pub- lished in said newspaper(s) once each week, for 2 successive week(s), the first insertion being on 11/20/2021 and: the last insertion being on 11/27/2021. MORTGAGE FORECLOSURE NOTICES Pursuant to Minnesota Stat. §580.033 relating to the publication of mortgage foreclosure notices: The newspaper. complies with the conditions described in §580.033, subd. 1, clause (1) or':(2). If the newspaper's known office of issue is located in a. county adjoining the county where the mortgaged premises:. orsome part of the mortgaged premises described in the notice are located, a substantial portion of the newspaper's circulation is in the latter county. By: . ..n Designated Agent Subscribed and sworn to or affirmed before me on 11/27/2021 by Karen Nelson. Notary Public ��am wr�u„mwwm+wo�w� �n u�rm� w nmrrw� amr r�c,�r�'�a� �a r�w^wr�^. DARLENE MARIE MACPHERSON DIARY PMIC - MINNMTA OMM"MEONAR31.2024 Rate Information: (1) Lowest classified rate paid by commercial users for comparable space: $23.00 per column inch Ad ID f 184719 The City of Elk River is requesting bids for the construction of Natures Edge Business Center Third Addition. Work includes clearing and grubbing, general excavation and grading, municipal utilities, and construction of an urban street section, along with associated sitework. Principal components of the project include the following: MOBILIZATION 1 LUMP SUM CLEARING 1.95 ACRE GRUBBING 1.95 ACRE EXCAVATION - COMMON 95211 CU YD AGGREGATE BASE CLASS 5 - STREET (CV) (P) 3088 CU YD TYPE SP 12.5 WEARING COURSE MIXTURE (3,B) 2.0" THICK 10072 SO YD TYPE SP 12.5 NON WEARING COURSE MIXTURE (3,B) 2.5" THICK 9948 SO YD 12" RC PIPE SEWER DESIGN 3006 CL V 121 LIN FT 15" RC PIPE SEWER DESIGN 3006 CL V 456 LIN FT 18" RC PIPE SEWER DESIGN 3006 CL V 688 LIN FT 21" RC PIPE SEWER DESIGN 3006 CL V 191 LIN FT 24" RC PIPE SEWER DESIGN 3006 CL V 147 LIN FT 27" RC PIPE SEWER DESIGN 3006 CL V 183 LIN FT 36" RC PIPE SEWER DESIGN 3006 CL III 340 LIN FT 42" RC PIPE SEWER DESIGN 3006 CL III 90 LIN FT 8" PVC PIPE SEWER - DIRECTIONAL DRILLED 79 LIN FT 6" WATERMAIN DUCTILE IRON CL 52 79 LIN FT 8" WATERMAIN DUCTILE IRON CL 52 203 LIN FT 12" WATERMAIN DUCTILE IRON CL 52 2751 LIN FT 12" HDPE WATERMAIN (DIRECTIONAL DRILLED) 848 LIN FT CONSTRUCT SANITARY STRUCTURE DESIGN 4007 216.2 LIN FT CONSTRUCT DRAINAGE STRUCTURE DESIGN 24"X36" 13.6 LIN FT CONSTRUCT DRAINAGE STRUCTURE DESIGN 48-4020 25.1 LIN FT CONSTRUCT DRAINAGE STRUCTURE DESIGN 604020 32.5 LIN FT CONSTRUCT DRAINAGE STRUCTURE DESIGN 72-4020 23.6 LIN FT CONSTRUCT DRAINAGE STRUCTURE DESIGN 96-4020 8.1 LIN FT CONCRETE CURB AND GUTTER DESIGN B618 5150 LIN FT SIGN PANELS TYPE C 26.3 SO FT SILT FENCE; TYPE MS 3711 LIN FT SEED MIXTURE 25-131 4576 POUND HYDRAULIC MULCH MATRIX 5000 POUND SEEDING 25.2 ACRE 4" SOLID LINE MULTI -COMPONENT 715 LIN FT 4" DOUBLE SOLID LINE YELLOW - EPDXY 2359 LIN FT PAVEMENT MESSAGE MULTI -COMPONENT 30 SO FT Sealed bids will be accepted until 3:00 p.m. CST on Monday, December 13, 2021, at City Hall,13065 Oro- no Parkway, Elk River, MN, at which time the bids will be opened and read aloud. Due to limited seating capac- ity and social distancing requirements, the bid opening can only be viewed remotely through the following link: hftDs://usD2web.zoom.us/i/86701017737?Dwd=bla2ckNVTmgVTiFVQU5vZ2owLzIaZz09&from=addon at which time the Bids received will be opened and reviewed. Once all the electronic bids have been re- viewed and accepted (AS READ), the preliminary Base Bid results will be shared with all Bidders. Bid results may be viewed at www.guestcdn.com. Bids will be received fora single prime Contract. The Contract Documents may be examined at the following locations: City of Elk River, 13065 Orono Parkway Elk River, MN 66330, and Hakanson Anderson, 3601 Thur- ston Avenue, Anoka, MN 55303. Bidding Documents may be obtained from the Issuing Office of Hakanson Anderson, located at 3601 Thur- ston Avenue, Anoka, MN 55303, for a non-refundable purchase price of $75 per set. Alternatively, digital copies of the Bidding Documents are available at www.haa-inccom under the "Proj- ects/QuestCDN" link for $40.00 (non-refundable). These documents may be downloaded by selecting this project and by entering eBidDocTM Number 8068876 on the "Search Projects" page. For assistance and free membership registration, contact QuestCDN at (952) 233-1632 or info@questcdn.com. Each bid must be accompanied by a certified check, cashier's check, cash deposit, or bid bond, made payable to the City of Elk River, in the amount of five percent (5%) of the bid. The City Council reserves the right to reject any and all bids and to waive irregularities and informallties therein and further reserves the right to award the contract in the best interests of the city. Published in the Star News November 20, 27, 2021 1184719