4.7 SR 05-16-2022
Request for Action
To Item Number
Mayor and City Council 4.7
Agenda Section Meeting Date Prepared by
Consent May 16, 2022 Brandon Wisner, Engineering Project Manager
Item Description Reviewed by
Riverbank and Swale Stabilization Projects Cal Portner, City Administrator
Reviewed by
Action Requested
Approve, by motion, quote from Resource Environmental Solutions (RES), LLC for the combined amount of
$48,065 to stabilize eroded shoreline in Bailey Point Nature Preserve and a swale adjacent to 1 Morton Avenue.
Background/Discussion
The city has been working with Friends of the Mississippi River (FMR) to identify and stabilize shoreline that are
on or are tributaries of the Mississippi River in order to reduce soil loss into the river which degrades the water
resource. We received one other quote that totaled $77,376.00.
Financial Impact
FMR to fund the Bailey Point Nature Preserve shoreline in full. The stormwater budget will cover the Morton
Avenue stormwater outfall.
Mission/Policy/Goal
Work with citizens to achieve goals
Attachments
Bid Tab from RES
Draft Contract
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 FORMS
MORTON AVE EROSION CONTROL
CITY OF ELK RIVER, MN
Item No.ItemQuantityUnitUnit PriceAmount
1.112" Coir Logs (with 4' stakes and rope)40LF$36.00$1,440.00
1.220" Coir Logs (with 4' stakes and rope)60LF$95.00$5,700.00
1.3Erosion Control Blanket (SC150BN or equivalent)300SY$5.25$1,575.00
1.4Blanket Staples (6")2BOX$69.00$138.00
1.5Short Savanna Seed Mix (2,710 sq-ft)3per 1,000 SF$270.00$810.00
1.6Red-Osier Dogwood Livestakes24EA$25.00$600.00
Total:$10,263.00
Respectfully Submitted:
RES Great Lakes, LLC 5/12/2022
SignatureCompany Date
BAILEY POINT NATURE PRESERVE BANK PROTECTION
CITY OF ELK RIVER, MN
Item No.ItemQuantityUnitUnit PriceAmount
2.1Mobilization1LS$3,160.00$3,160.00
2.2Clearing and Grubbing1LS$3,350.00$3,350.00
2.3Relocate Bench1EA--
2.4Excavation - Common232CY$28.00$6,496.00
2.5Floating Silt Curtain Type Moving Water292LF$31.50$9,198.00
2.6Sediment Control Log Type Coir186LF$33.00$6,138.00
2.7Turf Establishment1LS$2,710.00$2,710.00
2.8Live Stakes48EA$25.00$1,200.00
2.9Root Wad3EA$1,850.00$5,550.00
Total:$37,802.00
3.1Baily Point Excavation Haul OffTBDCY$33.00TBD
Respectfully Submitted:
RES Great Lakes, LLC 5/12/2022
SignatureCompany Date
AGREEMENT
CITY OF ELK RIVER
SHERBURNE COUNTY, MINNESOTA
Riverbank and Swale Stabilization Projects RFQ
May 5, 2022
AGREEMENT made this day of , 20 , between the
CITY OF ELK RIVER, a Minnesota municipal corporation ("City"), and RESOURCE
ENVIRONMENTAL SOLUTIONS, LLC, a corporation organized and existing under the laws of
the State of Minnesota ("Contractor").
IN CONSIDERATION OF THE MUTUAL UNDERTAKINGS HEREIN
CONTAINED, THE PARTIES AGREE AS FOLLOWS:
1. CONTRACT DOCUMENTS. The following documents shall be referred to as the
"Contract Documents", all of which shall be taken together as a whole as the contract between the parties
as if they were set verbatim and in full herein:
A. This Agreement.
B. Project Description, Specifications, or Proposal dated May 5, 2022.
C. Breakdown: Morton Avenue Erosion Control: $10,263.00
Bailey Point Nature Preserve Bank Protection: $37,802.00
Quote dated May 12, 2022 (Total for Both Projects) $48,065.00
In the event of conflict among the provisions of the Contract Documents, the order in which they are
listed above shall control in resolving any such conflicts with Contract Document "A" having the first
priority and Contract Document "C" having the last priority.
2. OBLIGATIONS OF THE CONTRACTOR. The Contractor shall provide the
goods, services, and perform the work in accordance with the Contract Documents and in compliance
with federal, state, and local laws.
3. OBLIGATIONS OF THE CITY. The City shall pay the Contractor the sum of
$48,065.00 inclusive of sales tax.
4. ASSIGNMENT. Neither party may assign, sublet, or transfer any interest or obligation
in this Contract without the prior written consent of the other party, and then only upon such terms and
conditions as both parties may agree to and set forth in writing.
5. TIME OF PERFORMANCE. The Contractor shall complete its obligations on or
before June 30, 2022 for the Bailey Point Nature Preserve project (final invoice dated the same).
Morton Avenue Erosion Control project completion deadline is November 1, 2022.
6. PAYMENT. When the obligations of the Contractor have been fulfilled, inspected,
1
221667v1
and accepted, the City will pay the Contractor. Such payment shall be made not later than thirty (30) days
after completion, certification thereof, and invoicing by the Contractor.
7. PROMPT PAYMENT TO SUBCONTRACTORS. Pursuant to Minnesota
Statute §471.425, Subd. 4a, the Contractor must pay any subcontractor within ten (10) days of the
Contractor’s receipt of payment from the City for undisputed services provided by the subcontractor.
The Contractor must pay interest of one and one-half percent (1½ %) per month or any part of a month
to subcontractor on any undisputed amount not paid on time to the subcontractor. The minimum
monthly interest penalty payment for an unpaid balance of $100.00 or more is $10.00. For an unpaid
balance of less than $100.00, the Contractor shall pay the actual penalty due to the subcontractor. A
subcontractor who prevails in a civil action to collect interest penalties from the Contractor shall be
awarded its costs and disbursements, including attorney’s fees, incurred in bringing the action.
8. WORKER’S COMPENSATION. Pursuant to Minnesota Statute §176.182
Contractor must provide acceptable evidence of compliance with the state Workers’ Compensation
insurance requirements for all its employees and, in case any work is subcontracted, Contractor will
require the subcontractor to provide Workers’ Compensation insurance or acceptable evidence of
compliance in accordance with the statutory requirements of the State of Minnesota.
9. COMMERCIAL GENERAL LIABILITY. Contractor shall obtain the following
minimum insurance coverage by a single policy or a combination of policies (including umbrella policies)
and maintain it at all times throughout the life of the Contract, with the City endorsed as an additional
insured:
Bodily Injury: $2,000,000 each occurrence
$2,000,000 aggregate, products and
completed operations
Property Damage: $2,000,000 each occurrence
$2,000,000 aggregate
The Additional Insured coverage must be primary and non-contributory. Products and Completed
Operations Insurance shall be maintained for a minimum period of three (3) years after final payment
and Contractor shall continue to provide evidence of such coverage to City on an annual basis during the
aforementioned period; or if any reason Contractor’s work ceases before final payment, for a minimum
period of three (3) years from the date Contractor ceases work. Coverages must be equivalent to that
provided by ISO Forms CG 20 10 04 13 and CG 20 37 04 13.
Property Damage Liability Insurance shall include coverage for the following hazards:
X (Explosion)
C (Collapse)
U (Underground)
For any contract involving the repair, maintenance or construction of property that involves the provision
of equipment, supplies or materials to the City for projects greater than $100,000, the Contractor shall
obtain and maintain Builder’s Risk insurance in an amount not less than the project or contract cost.
2
221667v1
Contractual Liability (identifying the contract):
Bodily Injury: $2,000,000 each occurrence
Property Damage: $2,000,000 each occurrence
$2,000,000 aggregate
Personal Injury, with Employment Exclusion deleted:
$2,000,000 aggregate
Business Automobile Liability (owned, non-owned, hired):
Bodily Injury & Property Damage: $2,000,000 each occurrence
$2,000,000 each accident
or
$2,000,000 Combined single limit
The Contractor shall submit a Certificate of Insurance to the City showing proof of the above-required
insurance prior to doing any work.
The City retains the right to revise the insurance requirements depending on the size and risk of the
project.
10. PERMITS AND LICENSES; RIGHTS-OF-WAY AND EASEMENTS. The
Contractor shall procure all permits and licenses, pay all charges and fees therefore, and give all notices
necessary and incidental to the construction and completion of the Project. The City will obtain all
necessary rights-of-way and easements. The Contractor shall not be entitled to any additional
compensation for any construction delay resulting from the City’s not timely obtaining rights-of-way or
easements.
11. DATA PRACTICES/RECORDS.
A. All data created, collected, received, maintained, or disseminated for any purpose
in the course of this Contract is governed by the Minnesota Government Data Practices Act, Minn. Stat.
Ch. 13, any other applicable state statute, or any state rules adopted to implement the act, as well as federal
regulations on data privacy.
B. All books, records, documents, and accounting procedures and practices of the
Contractor and its subcontractors, if any, relative to this Contract are subject to examination by the City.
12. WARRANTY. The Contractor shall be held responsible for any and all defects in
workmanship, materials, and equipment which may develop in any part of the contracted service, and
upon proper notification by the City shall immediately replace, without cost to the City, any such faulty
part or parts and damage done by reason of the same.
13. DEFENSE OBLIGATION. To the fullest extent permitted by law, the Contractor
shall indemnify, defend, and hold harmless the City and its officials, employees and agents, against claims,
3
221667v1
damages, losses and expenses, including reasonable attorneys’ fees, arising out of or resulting from
performance of the Contractor’s work, provided that such claim, damage, loss or expense is attributable
to bodily injury, sickness, disease or death, or to injury to or destruction of tangible property, other than
the work itself, but only to the extent caused by the negligent or wrongful acts or omissions of the
Contractor, a Subcontractor, anyone directly or indirectly employed by them or anyone for whose acts
they may be liable.
14. WAIVER. In the particular event that either party shall at any time or times waive any
breach of this Contract by the other, such waiver shall not constitute a waiver of any other or any
succeeding breach of this Contract by either party, whether of the same or any other covenant, condition,
or obligation.
15. GOVERNING LAW. The laws of the State of Minnesota govern the interpretation
of this Contract.
16. SEVERABILITY. If any provision, term, or condition of this Contract is found to be
or become unenforceable or invalid, it shall not affect the remaining provisions, terms, and conditions of
this Contract, unless such invalid or unenforceable provision, term, or condition renders this Contract
impossible to perform. Such remaining terms and conditions of the Contract shall continue in full force
and effect and shall continue to operate as the parties' entire contract.
17. ENTIRE AGREEMENT. This Contract represents the entire agreement of the parties
and is a final, complete, and all-inclusive statement of the terms thereof, and supersedes and terminates
any prior agreement(s), understandings, or written or verbal representations made between the parties
with respect thereto.
CITY: CONTRACTOR:
CITY OF ELK RIVER RESOURCE ENVIRONMENTAL
SOLUTIONS, LLC
By: By:
John J. Dietz, Mayor \[print name\]
Its \[title\]
By:
Tina Allard, City Clerk
4
221667v1