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4.9 SR 05-15-2023 Request for Action To Item Number Mayor and City Council 4.9 Agenda Section Meeting Date Prepared by Consent Agenda May 15, 2023 Brandon Wisner, Engineering Project Manager Item Description Reviewed by Accept Bid – Woodland Trails Regional Park (WTRP) Tim Sevcik, Street and Park Superintendent Pole Barn Reviewed by Cal Portner, City Administrator Action Requested Accept, by motion, the bid in the amount of $110,919.00 from Structural Buildings of Minnesota, Inc. with a 10% contingency for the construction of a pole barn at WTRP. Background/Discussion A request for proposal/bids was sent out via the city bid webpage and on QuestCDN for the construction of a 36’x40’ pole barn building. The new building will replace the existing, much smaller building that is at the end of its expected useful lifespan. Park Improvement Funds will fund the cost of the existing replacement, the Park Dedication Funds will fund the additional size needed for equipment to service the park. Only one bid was received by the deadline, but the amount is within the amount budgeted. The building will be used as a cold storage building to store park equipment. Financial Impact $17,600.00 from the Park Improvement Fund $93,319.00 from Park Dedication Mission/Policy/Goal  Opportunity to live, work, and play Attachments  Contract The Elk River Vision A welcoming community with revolutionary and spirited resourcefulness, exceptional service, and community engagement that encourages and inspires prosperity. Updated: January 2023 AGREEMENT CITY OF ELK RIVER_ _ SHERBURNE COUNTY, MINNESOTA WOODLAND TRAILS REGIONAL PARK POLE BUILDING QUEST ID #8444160 CITY OF existing under the laws made this _ day of %1", am �/ , 20L-� between the "t'✓ a Minnesota municipal corporation ("City"), and :,.k Its r N -te"CA Cl State of t,n , a a corporation organized and 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 patties as if they were set verbatim and in fill herein: A. This Agreement B. Project Description, Specifications, or Proposal dated Me. t C. Quote dated P` / 10 �-' "A 77 D. Certificate and Insurance Policy 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. 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. This contract may be terminated by the City at any time upon discovery by the City that the Contractor or any of its subcontractors has submitted a false statement under oath verifying compliance with any of the minimum criteria set forth in Minn. Stat. § 16C.285, Subdivision 3, the Responsible Contractor statute. 3. OBLIGATIONS OF THE CITY. Time City shall pay the Contractor the sum of S ( 0 q 1 Cf, 6` 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 terns and conditions as both patties may agree to and set forth in writing. 22166sct 5. TIME OF PERFORMANCE. The Contractor shall complete its obligations on or before Deck bbe i �023. NOTE: If the obligations are not complete within said time period or date, the Cont actdr a rees to pay $400 per day not as penalty but as liquidated damages until its obligations are complete. i�wicc'A uN auk,' 'Ib� t`A' S P r `h` b�THr.� �.3 . 'moo 9-3 6. PAYMENT. Wh% the obligations of the Contractor have been fi lfilled, inspected, 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. PROMPT PAYMENT TO SUBCONTRACTORS. A. Pursuant to Minnesota Statute § 471.25, 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 (1 %) 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. B. Form IC-134 required from general contractor. Minn. Stat. § 290.92 requires that the City of Elk River obtain a Withholding Affidavit for Contractors, Form IC-134, before making final payments to Contractors. This form needs to be submitted by the Contractor to the Minnesota Department of Revenue for approval. The form is used to receive certification from the state that the vendor has complied with the requirement to withhold and remit state withholding taxes for employee salaries paid. 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 221668%1 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. 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. 22rvbs%t 10. PERMITS AND LICENSES; RIGHTS -OF -WAY AND EASEMENTS. The Contractor shall procure all pennits 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 propose 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 Hiles 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, 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 ternis and conditions of the Contract shall continue in full force and effect and shall continue to operate as the parties' entire contract. 4 211668NI 17. ENTIRE AGREEMENT. This Contract represents the entire agreement of the parties and is a final, complete, and all-inclusive statement of the terns thereof, and supersedes and terminates any prior agreement(s), understandings, or written or verbal representations made between the parties with respect thereto. P CITY: CON " QR. e tuy c (Ll iNu Nnx 4 CITY OF ELK RIVER By: By: /-I � — - Mayor &, jjo PC P)_4 r , [print name] Its Jiro 1 rt [title[ M. City Administrator 2216680