DEPARTMENT: Parks, Facilities, and Fleet Management
FILE TYPE: Consent Action
TITLE
title
Authorization To Execute Contract With Fitzgerald Excavating & Trucking Incorporated For Construction Of Interstate Valley Creek Stabilization, Authorization To Amend Budget, And Contract Amendment With Short-Elliot-Hendrickson, Inc., County Project P30002
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PURPOSE/ACTION REQUESTED
• Authorize a construction contract with Fitzgerald Excavating & Trucking Incorporated, to complete the Interstate Valley Creek stabilization and water quality best management practice work for County Project (CP) P30002.
• Authorize execution of an encroachment agreement with Xcel Energy for work proposed within Xcel Energy electric transmission line easements for CP P30002.
• Authorize a budget amendment for construction administration, testing, and inspection.
• Authorize a second amendment to the Short-Elliot-Hendrickson Inc. (SEH) contract (C0035212) for construction administration, testing, and inspection for Interstate Valley Creek stabilization along River to River Greenway for (CP) P30002 in the city of Mendota Heights.
SUMMARY
To enrich lives by providing high-quality recreation and education opportunities in harmony with natural resource preservation and stewardship, the Dakota County Soil and Water Conservation District (SWCD) has applied for and received Fiscal Year 2024 Clean Water Fund (CWF) grant funds through the 2024 MN Board of Water and Soil Resources (BWSR) to construct three stormwater management projects and three streambank stabilization projects along Interstate Valley Creek in Mendota Heights. Due to timing and construction site constraints, it is necessary to combine the design and implementation of those six projects with the planned completion of the River to River Greenway - Mendota Heights Valley Park - North of Marie project through Valley Park in Mendota Heights (Attachment: Project Location). To complete this work, an encroachment agreement is necessary with Xcel Energy to conduct work within their easement (Attachment: Xcel Energy Encroachment Application).
The project received a $585,000 Clean Water Fund Grant. The grant is for stabilizing and improving stormwater treatment at Interstate Valley Creek. This project will reduce stormwater volume, cut erosion, and provide cleaner water.
Construction Schedule
December 2024-August 2025: Interstate Valley Creek improvements (Marie Avenue-Lilydale trailhead)
Future Phases with Separate Construction Contracts
May-November 2025: Trail and bridge reconstruction (Marie Avenue-Lilydale trailhead)
Summer 2026: Trail construction and underpass (Dodd Road-Marie Avenue)
Bids Received: Bids were received and tabulated on October 22, 2023. Seven bidders submitted bids as follows:
Bidder Bid Amount
Fitzgerald Excavating & Trucking Inc. $500,171.00
Sunram Construction Inc. $629,507.00
Bituminous Roadways Inc. $749,951.02
Veit & Company, Inc. $752,534.75
Park Construction Company $854,435.80
Urban Companies $904,954.00
New Look Contracting, Inc. $947,875.25
The engineer’s estimate for the construction of streambank stabilization of Interstate Valley Creek (CP P30002) is $508,025.80. The lowest and most responsible bid is $500,171.00 from Fitzgerald Excavating & Trucking Incorporated, which is less than two percent below the estimate. Staff has reviewed the bids and determined that the low bid was competitive at the time of bidding.
The original contract with Short-Elliot-Hendrickson, Inc., did not account for construction inspection and administration work required for P30002 River to River Greenway. Since the contract was awarded, the project scope and complexity evolved to include items not in the original scope based on changes to the original project request for proposal assumptions. A summary of the supplemental agreement for engineering services is below.
BIDDING SERVICES
1. Prepare an ad for bid and advertise on the official site (QuestCDN).
2. Manage the bid documents on the QuestCDN site using the SEH account. Open bids.
3. Respond to bidder questions and attend pre-bid/project walk thru with contractors.
4. Open bids and prepare bid tabulation and a letter of recommendation.
CONTRACT ADMINISTRATION/PROJECT MANAGEMENT
SEH will provide engineering technical support for contract administration and construction project
management. This contract includes the following tasks:
1. Prepare for and run the preconstruction meeting.
2. Prepare for and run the weekly construction meetings
3. Provide shop drawing and submittal review as needed.
4. Prepare monthly pay applications.
5. Review and recommend approval for any field change orders. Provide revised plan sheets to
accompany change orders as needed.
6. Coordinate with private utilities as needed.
7. Answer design-related questions that arise during construction.
8. Coordinate all final close-out activities (e.g., punch list, documentation).
CONSTRUCTION OBSERVATION/RESIDENT PROJECT REPRESENTATIVE (RPR)
SEH to provide a “full time” RPR. Full time is defined as being out on the project as needed during
essential construction activities. This would include:
1. Documentation of construction activities to make sure they conform to the plans and specifications.
2. Reviewing and approving quantities for monthly pay applications.
3. Coordination with all utility companies.
4. Tracking all field revisions for the final as built record drawings.
CONSTRUCTION STAKING/SURVEYING
1. SEH will provide staking of all project elements as needed by the contractor (e.g., removals, erosion control, construction limits, weir, storm culverts, and creek alignment). SEH will also provide control point information to the contractor.
2. All staking will be completed by a two-person survey crew.
3. Staking is anticipated in both 2024 and 2025.
4. Travel time, equipment, and mileage expenses will be included as reimbursable expenses.
5. Preparation of final As-built Record Plans will be included.
a. SEH will provide documentation of field changes during construction.
b. SEH will provide electronic As-built Record Plans in AutoCad or pdf format.
6. The Army Corps of Engineers wetland permitting will be completed.
RECOMMENDATION
recommendation
Staff recommends awarding the bid to Fitzgerald Excavating & Trucking Incorporated for construction of three stormwater management projects and three streambank stabilization projects along Interstate Valley Creek in Mendota Heights for actual costs not to exceed $575,196.65 including a 15 percent contingency, amending the budgets to move the necessary funds for construction administration services, and executing a contract amendment with SEH for additional construction administration and inspection services in the amount of $105,565, increasing the total amount to $1,178,732 for CP P30002.
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EXPLANATION OF FISCAL/FTE IMPACTS
The 2024 Parks CIP has an approved construction budget of $1,887,600. This project has adequate funding for construction leaving a balance for contingency and a second phase of construction that will include the trail and bridge work in 2025. Amendment requested for additional Sales and Use Tax funding of $105,565 to be added to SEH Contract C0035212 for construction administration, testing, and inspection.
☐ None ☐ Current budget ☐ Other
☒ Amendment Requested ☐ New FTE(s) requested
RESOLUTION
body
WHEREAS, the River to River Greenway includes construction of three stormwater management projects and three streambank stabilization projects along Interstate Valley Creek in Mendota Heights; and
WHEREAS, staff advertised the construction contract (County Project P30002) on October 09, 2024; and
WHEREAS, the bid of Fitzgerald Excavating & Trucking Incorporated., in the amount of $500,171.00 was the lowest responsive and responsible bid received; and
WHEREAS, the 2024 construction workload is greater than the number of available County staff; and
WHEREAS, staff recommends amending contract number C0035212 with Short-Elliot-Hendrickson, Inc., to include construction management, testing, survey, and inspection services; and
WHEREAS, the proposed construction services are 21 percent of the estimated construction cost; and
WHEREAS, the 2024 Park’s Capital Improvement Program Budget has sufficient funds to accommodate the construction contract and account for the necessary budget amendment.
WHEREAS, for portions of greenway, the trail construction will cross Xcel Energy existing private utility line easements that run within the existing Interstate Valley Creek easement; and
WHEREAS, Xcel Energy private utility line is within their own 50’ easement; therefore, an encroachment agreement is needed to complete the CP P30002 work within the easement; and
WHEREAS, to proceed with the project, Xcel Energy is requesting that Dakota County execute an encroachment agreement to identify responsibilities and approved encroachments associated with CP P30002 crossing the Xcel Energy private utility lines.
NOW, THEREFORE, BE IT RESOLVED, That the Dakota County Board of Commissioners hereby awards the bid to and authorizes the Physical Development Director to execute the contract with Fitzgerald Excavating & Trucking Inc., 20865 390th St., Goodhue, MN 55027, for the construction work (County Project P30002) associated with the River to River Greenway Mendota Heights Segment, in an amount of $575,196.65 including a 15 percent contingency based on their low bid, subject to approval by the County Attorney’s Office as to form; and
BE IT FURTHER RESOLVED, That the Dakota County Board of Commissioners hereby authorizes the Physical Development Director to execute an encroachment agreement with Xcel Energy for the portion of the Interstate Valley Creek within the Xcel Energy private utility line easement, subject to approval by the County Attorney’s Office as to form; and
BE IT FURTHER RESOLVED, That the Dakota County Board of Commissioners hereby authorizes the Physical Development Director to amend the contract with Short-Elliot-Hendrickson, Inc., to perform construction management, testing, survey, and inspection services for County Project P30002, in an amount not to exceed $105,565, resulting in a total amended contract amount not to exceed $1,178,732, including reimbursable items, subject to approval by the County Attorney’s Office as to form; and
BE IT FURTHER RESOLVED, That the 2024 Parks Capital Improvement Program Budget is hereby amended as follows:
Expense
P30002 $105,565
Total Expense $105,565
Revenue
Sales & Use Tax $105,565
Total Revenue $105,565
; and
BE IT FURTHER RESOLVED, That the 2024 Sales and Use Tax (SUT) Budget is hereby amended as follows:
Expense
Transfer to Parks Fund ($105,565)
Total Expense ($105,565)
Revenue
Sales & Use Tax ($105,565)
Total Revenue ($105,565)
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PREVIOUS BOARD ACTION
21-497; 10/12/21
22-140; 3/22/22
23-406; 9/12/23
24-224; 4/23/24
ATTACHMENTS
Attachment: Project Location
Attachment: Supplemental Letter Agreement
Attachment: Xcel Energy Encroachment Agreement
BOARD GOALS
☒ A Great Place to Live ☒ A Healthy Environment
☐ A Successful Place for Business and Jobs ☐ Excellence in Public Service
CONTACT
Department Head: Niki Geisler
Author: Mike Adams