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HomeMy WebLinkAbout2013-03-06 PACKET 04.L.REQUEST OF CITY COUNCIL ACTION COUNCIL MEETING DATE 3/6/13 PREPARED BY Public Works ORIGINATING DEPARTMENT AGENDA ITEM # � . � Les Burshten STAFF AUTHOR ********��**�*********************************** COUNCIL ACTION REQUEST Consider awarding a two-year Service Agreement Extension FY 2012 & 2013 for the Joint City- Wide Street Sweeping Program to Mike McPhillips, Inc. at the quoted price of $72.75/hour. STAFF RECOMMENDATION: Award a two-year Service Agreement Extension FY 2012 & 2013 for the Joint City-Wide Street Sweeping Progam to Mike McPhillips, Inc. at the quoted price of $72.75/hour. BUDGET IMPLICATION: $26,000.00 BUDGETED AMOUNT ADVISORY COMMISSION ACTION ❑ PLANNING ❑ PUBLIC SAFETY ❑ PUBLIC WORKS ❑ PARKS AND RECREATION ❑ HUMAN SERVICES/RIGHTS ❑ ECONOMIC DEV. AUTHORITY ❑ SUPPORTING DOCUMENTS '� � d $26,190.00 Storm Water ACTUAL AMOUNT FUNDING SOURCE REVIEWED ❑ ❑ ❑ ❑ ❑ ❑ ❑ APPROVED ❑ ❑ ❑ ❑ ❑ ❑ ❑ DENIED ❑ ❑ ❑ ❑ ❑ ❑ ❑ � MEMO/LETTER: Memo from Allan Larson dated 2/26/13 ❑ RESOLUTION: ❑ ORDINANCE: ❑ ENGINEERING RECOMMENDATION: ❑ LEGAL RECOMMENDATION: � OTHER: Contractor Acceptance of a Contract Extension FY 2012 & 2013 Two-Year Service Agreement FY 2012 & 2013 - Mike McPhillips, Inc. ADMINISTRATOR'S COMMENTS � � � j�' � �� City Administrator Date ********�*************************************** COUNCIL ACTION TAKEN: ❑ APPROVED ❑ DENIED ❑ OTHER CITY OF COTTAGE GROVE � MINNESOTA To: Honorable Mayor and City Council Ryan Schroeder, City Administrator From: Date: Subject: Allan Larson 3/26/13 2013 Joint- City Wide Street Sweeping 2-Year Service Agreement FY 2012 & 2013 BACKGROUND / DISCUSSION: The Cities of Cottage Grove and Newport again this year will do a Joint-City Wide Street Sweeping Program. In 2012 Mike Mc Phillips, Inc. was awarded the Joint-City Wide Street Sweeping Program from the quotes received. The following summarizes the results of the 2012 quotes: Contractor Low Mike Mc Phillips, Inc. #2 Allied Blacktop Company #3 Pearson Bros. Inc. Quoted Amount $ 72.75/ Hour $ 76.00/ Hour $ 76.00/ Hour Approximate Total (360 Hours) $ 26,190 $ 27,360 $ 27, 360 Mike Mc Phillips, Inc. was asked by the City if he would accept a contract extension for one year and hold the quoted price of 2012. The signed Contractor Acceptance of a Contract Extension FY 2012 & 2013 and a 2-year Service Agreement is attached for council review. RECOMMENDATION: It is recommended to award a 2-year Service Agreement Extension FY 2012 & 2013, to Mike Mc Phillips, Inc. at the quoted price of $ 72.75/ Hour. ATTACHMENTS: Contractor Acceptance of a Contract Extension FY 2012 & 2013 2-year Service Agreement FY 2012 & 2013,- Mike Mc Phillips, Inc. �- ,, . � CONTR.A.CTOR ACCEPTANCE � � � OF � CONTRACT EXTENSION . FY 2012 & 2013 0 The �ol�owirig cont�actoz was awardedthe 2012 Joint City Street Sweeping Contract. � . The contractorc also stafed that the quoted pxice would ba the sa�n.e for 2013 and would enter in�o a Two Year-Se�.vice Agxeement for year 2012 & 2013. ( ; Mike McPhillips, Inc. BY: ` .t�r�-�.,� �0.,._ � � ,� Ti.tle: • � t �p� p•rf�.�,y--- . Address: �z5�' ��.���:��.� sr��.�� �rrl.� , � � y L. ��. �'�. � �-t.y , s�a' S . . Telephone � � s y'.s"'> � �0 3 Gr , , , ( TWO YEAR-SERVICE AGREEMENT FY 2012 & 2013 Joint-City Wide Street Sweeping THIS AGREEMENT is entered into by and between the City of Cottage Grove, a Minnesota municipal coiporation, (herein called the "City") and Mike Mc Phillips, Inc., a Minnesota corporation, (herein called the "Contractor"). RECITALS Whereas, the City of Cottage Grove requested quotes for the 2012-13 Joint-Wide Street Sweeping of various city streets for the City's of Cottage Grove and Newport. Whereas, Contractor reviewed the Contract Documents prior to submitting its quote, and Contractor satisfied itself that it is familiar with the Project requirements and that it is capable of performing the work, and doing so within the Project Timeframe set forth in the Project Summary; Whereas, the City Council has awarded the Project contact to the Contractor in accordance with law; Now therefore, the pai�ties agree as follows: 1. SCOPE OF AGREEMENT A. SCOPE OF SERVICES: Contractor agrees to perform the work described in the Contract Documents, including all services, labor, and materials reasonably necessary for the proper perfoi�rnance of the work described in the Contract Documents. B. COMMENCEMENT; COMPLETION OF SERVICES: The Contractor will stai�t worlc upon receipt of written Notice to Proceed from the City of Cottage Grove. The Contractor will complete all worlc required under the terms and conditions of the Contract Documents on or before April 30, 2013 "Final Completion". 2. COMPENSATION The City will pay Contractor the stipulated sum of $ 72.75/Hour ("Contract Sum") as follows: A. The 2012-13 Cottage Grove City Wide Street Sweeping Program estimates 400 to 450 Hours. The City of Newport Street Sweeping Program estimates 40 Hours. 3. GENERAL CONDITIONS A. PROJECT ENGINEER.- The City's Project Engineer is Jennifer Levitt, (651) 458-2890, City Engineer. B. CHANGES IN WORK. - The City may at any time malce changes in the drawings and specifications, within the general scope thereof. If such changes cause an increase or decrease in the Contract Sum or in the time required for its performance, an equitable adjustment will be made, and this contract will be modified accordingly by a"Contract Change Order." No charge for any extra worlc or material will be allowed unless the same has been ordered on a Contract Change Order by the City and the price therefore stated in the order. The Contract shall not request payment for any extra worlc or materials unless Contract gives written notice to the Project Engineer of the claimed need for extra work or materials, and a complete description thereof, before performing the extra worlc or furnishing the extra materials. NOTICE: No Change Order is effective unless and until it is approved or ratified by the City Council. The City's staff and agents do not have authority to make changes in the Contract Sum or the completion deadlines. The Project Engineer has authority to direct or permit minor changes to the drawings or specifications without a formal change order, but only if such changes do not affect the Contract Sum or the completion deadline. C. INSPECTION OF WORK. - All materials and worlcmanship will be subject to inspection, examination, and testing by the City, who will have the right to reject defective material and worlcmanship or require its correction. D. PROTECTION OF THE WORK/SAFETY. - The Contractor shall be solely responsible for the protection of the work and the safety of all persons on the worlc site. The Contractor shall take all necessary precautions for the safety of, and shall proved the necessary protection to prevent damage, injury, or loss to: (1) all persons on the worlc site or who may be affected by the worlc; (2) all the work, and materials and equipment to be incorporated therein; and (3) other property at or adjacent to the worlc site. E. DELAYS. - If the work is delayed, disrupted, or accelerated due to unforeseeable causes beyond the Contractor's control and without the Contractor's fault or negligence, then: (1) the Contractor shall be entitled to an extension of time to perform the work; (2) if the delay, disruption, or acceleration is caused by the fault or negligence of the City or its agents, the Contractor shall also be entitled an equitable adjustment in the Contract Sum, which adjustment shall be memorialized in a Change Order; and (3) if the delay, disruption, or acceleration is not caused by the fault or negligence of the City or its agents, the Contractor shall not be entitled to additional compensation. 2 If the Contractor refuses or fails to complete the worlc within the time specified in Paragraph 1.B of this Agreement, or any extension thereof, and in addition to the all other rights and remedies available to the City under this Agreement, the City may terminate the Contract pursuant to Paragraph 11. In such event the City may take over the work and prosecute the same to completion by contract or otherwise, and the Contractor will be liable for any excess costs the City incurs as a result thereof; and the City may talce title to and possession of and utilize in completing the worlc such materials and equipment as may be on the site of the worlc and necessary therefore. F. RELEASES. - Prior to final payment, the Contractor will submit evidence that all payrolls, material bills, and other indebtedness connected with the worlc have been paid as required by the City. G. OBLIGATION TO DISCHARGE LIENS. - Acceptance by the City of the completed worlc performed by the Contractor and payment therefore by the City will not relieve the Contractor of obligation to the City (which obligation is hereby acknowledged) to discharge any and all liens for the benefit of subcontractors, laborers, material suppliers, or any other persons performing labor upon the worlc or furnishing material or machinery for the work covered by this contract, which have attached to or may subsequently attach to the propei�ty, or interest of the City. H. NOTICES AND APPROVAL IN WRITING. - Any notice, consent, or other act to be given or done hereunder will be valid only if in writing. I. CLEANING UP. - Contractor shall lceep the premises free from accumulation of waste material and rubbish and at the completion of the worlc shall remove from the premises all rubbish, implements, and surplus materials. J. WARRANTIES. - Contractor wanants and guarantees that title to all work, materials, and equipment covered by any Application for Payment, whether incorporated in the Proj ect or not, will pass to City no later than the time of payment free and clear of all Liens. Contractor wai�rants that all work will be free from defects and that all materials will be new and of first quality. If within one (1) year after final payment any worlc or material is found to be defective, Contractor shall promptly, without cost to the City, correct such defect. K. BONDS. — If the Contract Sum exceeds $75,000, Contractor shall furnish performance and payments bonds covering faithful performance of all Contract obligations, including without limitation warranty obligations, and of all payment of obligations arising under the Contract. The bonds shall each be issued in an amount equal to 100% of the stipulated sum identified in Paragraph 2 of this Agreement. 3 L. PAYMENTS ARE NOT WAIVERS. - Payments made by the City under this Agreement shall not constitute a waiver or release of any claim that the work is defective or otherwise fails to comply with the Contract Documents. M. PERMITS. - The Contractor shall obtain, pay for, and comply with all permits required for the worlc. To the extent permitted by law, the Contractor shall indemnify the City against any charges, fines, penalties, or other losses arising from the Contractor's failure to secure or comply with a required permit. 4. NO ASSIGNMENT This Agreement shall not be assigned. 5. AGREEMENT ADMINISTRATION All provisions of this Agreement shall be coordinated and administered by the City's delegated primary contact noted in Paragraph 12 of this Agreement. 6. AMENDMENTS No amendments may be made to this Agreement except in writing and executed in the same manner as this Agreement. 7. INDEPENDENT CONTRACTOR The Contractor and its employees, agents, and/or subcontractors shall not be employees of the City. It is agreed that the Contractor and its employees, agents, and/or subcontractors will act hereunder as independent contractors and acquire no rights to tenure, workers compensation benefits, re-employment compensation benefits, medical and hospital benefits, sicic and vacation leave, severance pay, pension benefits or other rights or benefits offered to employees of the City, its depai�tments, or agencies. 8. LIABILITY AND INDEMNIFICATION The Contractor agrees to defend, indemnify, and hold the City, its Mayor, Council Members, employees, and agents harmless from any liability, claims, damages, costs, judgments, or expenses, including reasonable attorney's fees, resulting directly or indirectly on account of a product or any act or omission (including, without limitation, professional errors and omissions) of the Contractor, its officers, agents, employees, contractors and any one for whose product, or acts or omissions would be liable in the performance of the services provided by this Agreement and against all loss by reason of the failure of the Contractor fully to perform, in any respect, all obligations under this Agreement. � 9. EFFECTIVE DATE AND SURVIVAL This Contract shall be in full force and effect from the date it is executed by the City. Contractor's obligations under the Contract Documents shall survive final payment. 10. APPLICABLE LAW This Agreement shall be goveined by the laws of the State of Minnesota without regard to choice of law provisions. The Contractor shall comply with all applicable federal, state, and local laws and regulations. In addition, the following provisions of law are expressly incolporated into this Contract: Pyompt Payment of Subconb°actors — Minn. Stat. § 471.425, Subd. 4a. The Contractor shall pay any Subcontractor or material supplier within ten (10) days of the Contractor's receipt of payment from the Owner for undisputed services, materials, or equipment provided by the Subcontractor or material supplier. The Contractor shall pay to the Subcontractor or material supplier interest at a rate of 1.5 percent per month or any part of a month that any undisputed amount is not paid on time. The minimum monthly interest penalty payment for an unpaid balance of $100 or more is $10. A Subcontractor or material supplier 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." Antz-Dzscrimination — Minn. Stat. § 181.59. Contractor agrees: (1) that, in the hiring of common or slcilled labor for the performance of any worlc under any contract, or any subcontract, no contractor, material supplier, or vendor, shall, by reason of race, creed, or color, discriminate against the person or persons who are citizens of the United States or resident aliens who are qualified and available to perform the work to which the employment relates; (2) that no contractor, material supplier, or vendor, shall, in any manner, discriminate against, or intimidate, or pre-vent the employment of any person or persons identified in clause (1) of this section, or on being hired, prevent, or conspire to prevent, the person or persons from the performance of work under any contract on account of race, creed, or color; (3) that a violation of this section is a misdemeanor; and (4) that this contract may be canceled or terminated by the state, county, city, town, school board, or any other person authorized to grant the contracts for � employment, and all money due, or to become due under the contract, may be forfeited for a second or any subsequent violation of the terms or conditions of this contract. Reco�°d Keeping — Minn. Stat. § 16C.05, Subd. 5. Contractor agrees that the boolcs, records, documents, and accounting procedures and practices of the Contractor, that are relevant to the contract or transaction, are subject to examination by the contracting agency and either the legislative auditor or the state auditor, as appropriate, for a minimum of six years. Contractor shall maintain such records for a minimum of six years after final payment. Data Practices Act — Minn. Stat. § 13.05, Subd. 11. All of the data created, collected, received, stored, used, maintained, or disseminated by the Contractor in performing this contract is subject to the requirements of the Minnesota Government Data Practices Act, Minnesota Statutes Chapter 13, and the Contractor must comply with those requirements as if it were a government entity. The remedies in Minnesota Statutes § 13.08 apply to the Contractor. The Contractor does not have a duty to provide access to public data to the public if the public data are available from the Owner, except as required by the tei�rns of this contract. The venue and jurisdiction for any litigation which may arise hereunder will be Washington County, State of Minnesota. 11. TERMINATION AND DEFAULT The City may terminate this Contract for convenience and without cause. Upon receipt of written notice from the City of such termination, Contractor shall cease operations and take all actions necessary to protect and preserve the work. Upon termination for convenience, Contractor shall be entitled to compensation for all worlc perfoi�rned under the contract, and other costs reasonably and necessarily incurred to demobilize. Contractor will not be entitled to compensation of any kind for work not performed. Without limiting the foregoing, if the Contractor fails to fulfill its obligations under this Agreement in a professional, worlcmanlilce, and timely manner, or otherwise violates the terms of this Agreement, the City shall have the right to terminate this Agreement if the Contractor has not cured the default after receiving seven (7) days written notice of the performance issue or other item of default. Notwithstanding the above, the Contractor shall not be relieved of liability to the City for damages sustained by the City as a result of any breach of this Agreement by the Contractor. The City may, in such event, withhold payments due to the Contractor for the purpose of set-off until such time as the exact amount of damages due to the City is G determined. The rights or remedies provided for herein shall not limit the City, in case of any default by the Contractor, from asset�ting any other right or remedy allowed by law, equity, or by statute. Upon termination of this Agreement, the Contractor shall furnish to the City copies or duplicate originals of all documents or memoranda prepared for the City not previously furnished. 12. INSURANCE Contractor shall secure and maintain from insurance companies acceptable to the City and admitted in Minnesota all insurance required by the Contract Documents. The City shall not issue the Notice to Proceed before the Contractor submits the required certificates of coverage. WHEREFORE, the Pai�ties have executed this Agreement effective as of (CONTRACTOR) : DATE: TITLE: CITY OF COTTAGE GROVE BY: DATE: BY: DATE: 7 PUBLIC WORKS DIRECTOR CITY CLERI�