2005-07-05PLEASE TURN OFF AT CELL PHONES & PAGERS IN COUNCIL CHAMBERS.
AGENDA
*Consent Agenda: Items listed under the Consent Agenda are considered routine in nature and will be enacted by a single roll call
vote. There will be no separate discussion of these items unless a Council Member or Citizen so requests. In that event the item will
be removed from the Consent Agenda and considered in normal sequence.
Page
o
Call meeting to order
Consider bids and Action on Resolution Accepting Bids for
Soils Remediation of Lost Lake/Maxwell Properties
Consideration/Action on Right of Entry Agreement
Consideration of Letter Agreement with MHRD regarding
allocation of certain costs under Veit contract
1-4
5-10
11-12
5. Adjourn
[This is a preliminary agenda and subject to change. The Council will set a final agenda at the meeting. More current meeting
agendas may be viewed at City Hall or at the City of Mound web site: www. cityofmound, com.
CiTY OF MOUND
RESOLUTION NO. 05-
RESOLUTION ACCEPTING BID FOR SOILS REMEDIATION ON LOST
LAKE/MAXWELL PROPERTIES
WHEREAS, pursuant to an advertisement for bids for response actions at Lost Lake
Dump and Maxwell Properties - Mound Harbor Renaissance Development Area, bids
were received, opened and tabulated according to law, and the following bids were
received complying with the advertisement:
Veit & Company, Inc.
Ames Construction, Inc.
Landwehr Construction, Inc.
Belair Excavating
$2,563,960.00
$3,030,750.09
$3,358,775.00
$3,767,861.00
AND WHEREAS, it appears that Veit & Company of Rogers, Minnesota, is the lowest
responsible bidder,
NOW, THEREFORE BE IT RESOLVED by the City Council of the City of Mound,
Minnesota:
1. The Mayor and City Clerk are hereby authorized and directed to enter into a
contract with Veit Construction, Inc. of Rogers, Minnesota, in the name of the
City of Mound for response actions at Lost Lake Dump and Maxwell Properties -
Mound Harbor Renaissance Development Area, according to the plans and
specifications therefore on file in the office of the City Clerk.
2. The City Clerk is hereby authorized and directed to return forthwith to all bidders
the deposits made with their bids, except that the deposits of the successful
bidder and the next lowest bidder shall be retained until a contract has been
signed.
Adopted by the City Council this 5th day of July, 2005.
Attest: Bonnie Ritter, City Clerk
Mayor Pat Meisel
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BARR
Barr Engineering Company
4700 West 77th Street · Minneapolis, MN 55435-4803
Phone: 952-832-2600 · Fax: 952-832-2601 · .wwW.barr.com
An EEO EmPloyer
Minneapolis, MN · Hibbing, MN · Duluth, MN · Ann Arbor, MI · Jefferson City, MO
June 22, 2005
Mr. Carlton Moore, Public Works Director
City of Mound
5341 Maywo0d Road
Mound, MN 55364
Re: ReaPonse Actions at Lost Lake Dump and Maxwell Properties
Mound Harbor Renaissance Development Area
City of Mound, City Project .No, PW-05-11
Dear Mr, Moore:
We have reviewed the bids submitted to the City on June 17, 2005 for the Response Action (RA)
Project referenced above. Sealed bids were received were received before the 11:00 a.m. deadline
from:
· Voit& COmpany [nc. ($2,56a;960.00),
· Ames Construction Inc. ($3,030,750.09),
L~dWehr Construction Inc, ($3,358,775.00),
· and Belair BUilders, Inc. ($3,767,861.00)
Ali four bidders attended the mandatory pre-bid meeting held at thc site on June 7, 2005. All bids
were signed and accompanied by a Bid Bond for five percent of the bid price. Three of the four bids
included a complete and satisfactory Bidder QuestiOnnaire; the other bid included a list of project
references. The project reference list, provided by Landwehr Construction, did not provide sufficient
information to complete the Bidder Questionnaire. All Bidders acknowledged the receipt of
addendum number 1.
Based on our review of the bids, Veit & Company (Veit) with a bid of $2,563,960.00 is the low
bidder and meets the qualification requirements of the bid form. The bid tab is balanced and all bid
item unit prices were filled in. No qualifications on alternate bid item unit prices were submitted by
Veit. Bart Engineering (Burr) contacted Veit on June 21, 2005 to perform a bid tab review aad
inquiry. Based on our discussion, it appears Veit has reviewed the contract documents in sufficient
detail to submit a qualified bid. Veit plans to dispose of dump materials and fill with debris at Vonco
I1 Demolition Debris Landfill (MPCA Permit SW-580) located in Becker, Minnesota. A Preliminary
letter of waste acceptance from the regulatory compliance director for Voneo II, along with a copy of
the facility's permit accepting old dump materials, is included as an attachment to this letter. Veit
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Carlton Moor~
June 22, 200.5
has indicated that Vonco II has previously accepted old dump materials from several other local
municipalities, including Coon Rapids and Champlin. Veit plans to initiate correspondence with
Hennepin County within the next week in regard to traffic control requirements for tracks
entering/exiting the site from/to County Road 15. Veit acknowledged that traffic control procedures
were necessary for performance of the work and indicated a willingness to implement necessary
procedures such as signage, flagmen, etc.
Based on our review, Bmr recommends that the City of Mound award the RA Project to Veit &
Company. If you have any questions regarding our review of the bidding for this project, please
contact me at 952-832-2732.
Sincerely,
Don E. Richard, Ph.D., P.E.
Enclosure
P:~23\27~-'27XP,.A Plans & Specs~Bid Rec to City.doe
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Bid Tab
'Response Actions at Lost Lake Dump and Maxwell Properties
Mound Harbor Renaissance Development Ares
City of Mound
City Project No. PW-05-11
B-3 Removals 110 S.Y. $100.o~ $11,000.00B.3 :Remova~ 11c S.Y. ~17.50 $1,92~-
B-4 Shoal Pi~l 25~000$,F. $16.50 $412,50~.00 B-4 Shoal Pillr~ 25,00{~ S.F. $19.13:$478,250~
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RIGHT OF ENTRY AGREEMENT
THIS AGREEMENT, made on this __ day of ,2005, by
and between Mound Harbor Renaissance Development, LLC, a Minnesota limited liability
company, ("MHR"), and the City of Mound, a Minnesota municipal corporation, ("Mound").
I.
RECITALS
1.01. MHR is the owner of certain real estate located within the City of Mound, and which
is described on Exhibit A attached hereto and incorporated herein ("Property").
1.02 Mound, as a participant in the state VIC Program, has recently obtained approval
from the MPCA of a comprehensive clean-up plan for the clean up of a former dump site which is
located partially on the Property (the "Plan"); and will be awarding a contract (the "Contract") for
the clean-up in accordance with the provisions of the Plan.
1.03. In order to implement the Plan and to carry out the provisions of the Contract,
Mound desires to secure the consent of MHR to enter the Property to carry out the work proposed to
be done on the Property, under the Contract, as part of the Plan. Mound has requested that MHR
grant its consent to the entry onto the Property for such purposes.
1.05. It is understood that in executing this agreement, MHR will not be granting any
permanent interest in the Property to Mound.
II.
AGREEMENT
NOW, THEREFORE, in consideration of the premises and their mutual promises, the
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parties hereto hereby agree as follows:
2.01. Right of Entry. Effective upon the date hereof, MHR hereby grants to Mound, its
agents, employees, contractors and invitees the right to enter upon the Property, for the purpose of
implementation of the Plan as provided in the Contract.
2.02 Consideration. In consideration for such right of entry, Mound agrees to:
(a) Notify MHR of the date and time that work by Mound on the Property will
commence under this Agreement which notice shall be at least two (2) business days
prior to doing any work on the Property in order to permit MHR's employees or
consultants retained by MHR to be present during the time any work is being done
by Mound under the Contract;
(b) Provide a copy of all test results, surveys and reports prepared by Mound, or
consultants or contractors evaluating the conditions present on the Property to MHR
as soon as reasonably possible following final completion thereof.
(c) Dispose of all solid waste generated during the course of Mound's activities on the
Property in accordance with the Plan.
(d) Do the work in the shortest period time reasonably necessary to complete such
activities authorized under this Agreement;
(e) Use the Property only for the purposes described herein and not park or store any
equipment on the Property, except during the limited periods of time when the work
under the Contract is actually in progress;
(f) Do no unnecessary damage to the Property.
(g) Hold MHR harmless from and indemnify it from any and all claims, damages,
judgments or obligations, including the cost of defense of suit, arising out of
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(h)
(i)
2.03.
the state of Minnesota.
2.04. Notices and Demands.
damage to Property or arising out of iniury to anyone incurred or alleged to have
been incurred in connection with or as a result of any work done pursuant to this
Right of Entry, or as a result of Mound's intentional torts or negligence.
Mound's contractors which enter the Property pursuant to the Contract and this
Agreement shall carry insurance during the time any work is done on the Property in
accordance with the requirements contained in the Contract;
If Mound removes a sample or portion of the Property for investigation,
monitoring or testing or obtains any data or issues any report, it must give MHR
an equal amount of the sample or portion and a copy of any data or report, and
must permit the MHR to perform an independent investigation, monitoring, or
testing of the sample or portion.
Governing Law. This Agreement shall be interpreted in accordance with the laws of
All notices, demands or other communications under this
Agreement shall be effective only if made in writing and shall be sufficiently given and deemed
given when delivered personally or mailed by certified mail, return receipt requested, postage
prepaid, properly addressed as follows:
1. If to MHR:
With a copy to:
Mound Harbor Renaissance Development, LLC
1521 94th Lane NE
Minneapolis, MN 55449
Atto: David Newman, Chief Manager
Thomas A. Stokes
4052 Oakland St.
St. Bonifacius, MN 55375
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If to Mound:
With Copy to:
Kandis M. Hanson
City Manager
5341 Maywood Road
Mound, MN 55364
John B. Dean, Esq.
Kennedy & Graven, Chartered
470 Pillsbury Center
200 South Sixth Street
Minneapolis, MN 55402
Or to such other persons as the parties may from time to time designate in writing and
forward to the other persons entitled to receive notice as provided in this section.
2.05. Amendment. This Agreement may be amended by the parties hereto only by written
instrument executed with the same procedures and formality as were followed in the execution of
this Agreement.
IN WITNESS WHEREOF, the parties have caused this Agreement to be duly executed in
their names and on their behalves on or as of the above date.
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Mound Harbor Renaissance Development,
LLC:
By:
David P. Newxnan
Chief Manager
CITY OF MOUND
By:
Kandis M. Hanson
City Manager
City Hall
5341 Maywood Road
Mound, MN 55364
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EXHIBIT A
LEGAL DESCRIPTION OF PROPERTY:
Parcel 1:
The West 143.3 feet of Block 4, lying North of the South 453.36 feet thereof, Shirley Hills Unit F,
Hennepin County, Minnesota.
Torrens Certificate No. 860787.
Parcel 2:
All of Block 4, except the Southerly 300 feet thereof and except that part of the West 143.3 feet
thereof lying North of the South 453.36 feet thereof and except the East 225.00 feet thereof,
Shirley Hills Unit F, Hennepin County, Minnesota.
Torrens Certificate No. 1092834.
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It is agreed this ~ day of July, 2005 by and between the City of Mound
("City") and Mound Harbor Renaissance Development, LLC., ("MHRD") as
follows:
1)
Attached hereto is the breakout of the bid received from Veit for both the
environmental cleanup and the soil corrections for the Lost Lake site. The
breakout depicts those items which would be the responsibility of MHRD,
with the remaining items being the responsibility of the City. In the
attached Exhibit, MHRD would be obligated to pay the sum of $292,750
as part of the overall Veit contract. Since the Veit bid is on a quantity
basis, it is impossible to know for certainty what the total contract amount
will be until the work is completed. However it is agreed that MHRD will
pay those items which are depicted in the Exhibit as obligations of MHRD
and that the rate will be based on the unit prices contained in the Veit
contract.
2)
The City is aware that MHRD and the Mound HRA have been exploring
the possibility of having Veit excavate in areas that were originally going to
remain unexcavated and that were going to have a surcharge placed on
top of them. If MHRD determines in its sole discretion that it would be cost
effective for such a change to be made, it will request the City to amend
the contract accordingly and that MHRD agrees to pay all costs
associated with this additional work. Upon such request and making of
such assurances, the City will amend its contract.
This agreement was entered into on the date first set forth above.
City of Mound
Mound Harbor Renaissance
Development, LLC.
Kandis Hanson
City Manager
David P. Newman
Chief Manager
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