D-5. Well 15 Award Construction ContractCITY OF
CAANNA3SEN
7700 Market Boulevard
PO Box 147
Chanhassen, MN 55317
Administration
Phone: 952.2271100
Fax: 952.2271110
Building Inspections
Phone: 952.2271180
Fax: 952.2271190
Engineering
Phone: 952.227.1160
Fax: 952.227.1170
Finance
Phone: 952.227.1140
Fax: 952.227.1110
Park & Recreation
Phone: 952.22Z1 120
Fax: 952.2271110
Recreation Center
2310 Coulter Boulevard
Phone: 952.2271400
Fax: 952.2271404
Planning &
Natural Resources
Phone: 952.227.1130
Fax: 952.227.1110
Public Works
7901 Park Place
Phone: 952.227.1300
Fax: 952.227.1310
Senior Center
Phone: 952.227.1125
Fax: 952.227.1110
Website
www.ci.chanhassen.mn us
�O,NaY�"s
MEMORANDUM
TO: Todd Gerhardt, City Manager
FROM: Paul Oehme, Director of PublicJW -orks /City Engineer e C9.
DATE: February 9, 2015 Q1/CCP
SUBJ: Well No. 15, Project 14 -04: Award Construction Contract
PROPOSED MOTION
"The City Council awards a construction contract in the amount of
$1,103,942.75 to Municipal Builders, Inc. for construction of Well No. 15."
City Council approval requires a simple majority vote of the City Council
present.
BACKGROUND
At the July 28, 2014 work session, staff discussed the need for an additional well.
The City Council award a consultant contract to Barr Engineering in the amount of
$127,695 for Well No. 15 in April, 2014.
On November 13, 2014, an open house was held for the proposed well at Pheasant
Hill Park.
DISCUSSION
The City of Chanhassen continues to grow and with this growth comes the need to
add infrastructure to meet the growing demands of the community. The City's
current estimated water supply is 7,150 gpm and the current maximum day water
demand is estimated to be 7,505 gpm. This suggests that the City's existing water
supply is slightly undersized to meet current demands of the projected summer
maximum day. The estimated firm water supply assumes the aquifer can yield at the
current amount. As the City continues to grow, the difference between the firm water
supply and the water demand will increase. Because of this it is recommended that
the City proceed with adding additional capacity by installing Chanhassen Well No.
15 to meet existing and growing water demands of the City. The last municipal well
drilled was in 2014. City staff continues to work with property owners on managing
irrigation use through the City's WaterWise program.
Staff has reviewed several sites for a new well.
Chanhassen is a Community for Life - Providing for Today and Planning for Tomorrow
Paul Oehme
Well No. 15: Award Construction Contract
February 9, 2015
Page 2
These sites include:
• Properties along Galpin Boulevard
• Lake Ann Park
• The site of the old Melody Hill Tower east of Minnetonka Middle School West
• A property next to Powers Pointe Development
• Pheasant Hills Park
The East Water Treatment Plant is close to capacity at this time with the existing well water
available. The property adjacent to the Powers Pointe development is not recommended for a well at
this time since it would be treated at the East Water Treatment Plant. As the aquifers in the area
lower and become less productive, a new well for the East Water Treatment Plant may be necessary.
The sites along Galpin Boulevard that were reviewed are premature at this time for a well. One site
is on the land that is proposed for the West Water Treatment Plant. The other is on a property that
could develop in the near future. The old Melody Hill tower and cellular communication equipment
are still on the existing site so a new well cannot be drilled at this time. Lake Ann Park has also
been reviewed for a new well. The future treatment of this well would be at the West Water
Treatment Plant. It is recommended the future Galpin Boulevard wells be developed first before the
Lake Ann well site is developed for future treatment staging and raw water pipe extension phasing.
The recommended site for Well No. 15 is in Pheasant Hill Park just north of Lake Lucy Road. The
well is proposed to use the Prairie du Chien and Jordan (PDCJ) aquifers. The location in the
northern part of town is "upstream" from a groundwater perspective meaning there is an estimated
additional water column available at this location as compared to other sites in the City. There are
no known contamination sources near the proposed well that pose a realistic threat based on
information available from the Minnesota Pollution Control Agency. While there are a few sites
farther away that show up and are identified as potential contamination sites, they are not considered
a groundwater risk; rather they identify a location where underground tanks exist or have existed.
These are close to the surface uses and there is a substantial layer of clay between the surface and the
aquifer that Well No. 15 will be constructed into so even if these sites were associated with a release,
it is highly unlikely that any contamination would make it down to the source water aquifer. The site
should be considered not vulnerable under wellhead protection guidelines.
The regional groundwater model was also run with the proposed Pheasant Hills Park well site.
Results of the model indicated there is adequate water at the well site and drawdown levels are
anticipated to be minimal. Steady state modeling was used to provide a conservative estimate (i.e.,
estimating drawdown at/near the high end). Modeling was completed using the Metro Model 3
groundwater model. In the area of proposed Well No. 15, the model includes a zone of low vertical
conductivity between the Prairie du Chien and Jordan aquifers. With Well No. 15 planned to be a
Jordan aquifer -only well and the presence of this low vertical conductivity zone, the model is
predicting an increased drawdown of —5 feet or less. If the model is incorrect and the Prairie du
Chien and Jordan aquifers are better connected, drawdown could be greater than what the model is
predicting. The data reviewed is what is readily available on a regional basis and site specific
geologic data should still be gathered as part of the well project. The plans and specifications
include a test boring at the site to verify local geology prior to proceeding with drilling of the full
diameter well. This is a normal part of the plans and specifications used to construct the last three
wells in Chanhassen.
9:\eng \public \_2014 projects \14 -04 well X15 \020915 bkgd award wntract revl.doc
Paul Oehme
Well No. 15: Award Construction Contract
February 9, 2015
Page 3
There are several shallow private wells in the Pheasant Hills Park area and there are shallower
Prairie du Chien wells. The City has gathered the private well information off of State records and
included it into the model. The model shows no impact to these wells at this time. The test well will
help to confirm the groundwater model assumptions. As the aquifers in the area potentially lower,
future impacts may occur. If it is shown the City's well has impacted private wells, the City would
potentially need to either make the wells productive again (drill the wells deeper) or have properties
hook up to City water per State Statue 6115.0730. It is advisable homes with private wells in close
proximately to the new well and are close to City water be connected to the City system in the near
future.
The proposed well project will make several improvements to the Pheasant Hill Park that will add
value to the park experience. The project will extend the trail along Lake Lucy Road so it connects
to the trail at Lake Lucy Road which is at the entrance to Pheasant Hill Park. Lake Lucy Lane is
proposed to be widened to accommodate on- street parking for three vehicles. An infiltration basin
(rain garden) will be added to treat the run off from the added impervious surface to Lake Lucy
Lane. The well improvements will be set back into the hill side and most of the improvements will
be underground. The only above ground structure will be the wood structure chemical building
which is proposed to be 12'x 10'. The chemical building will also be tucked back into the hillside
and set back from Lake Lucy Lane. This wood structure can be consider temporary since it could be
removed if the West Water Treatment Plant is constructed and the well is connected to the treatment
plant. Several trees will be added to the park to help screen the equipment.
BID
The bid package included an open hole bid and an alternate bid for a screened well.
The bid opening for the project was on Wednesday, February 4, 2015 at 2:00 p.m. Only one bid for
the project was received. Municipal Builders, Inc. submitted a bid in an amount of $1,103,942.75
for an open hole well. Staff did try to get a second bid from a dual rotary well driller in Wisconsin
however this contractor decided not to bid on the project. A bid alternate for a screen well was also
submitted in place of the open hole bid in the amount of $1,110,395.00. It is recommended to accept
the open hole well bid only. The screened well bid was added to receive construction costs if the
geology requires a screen once the main well shaft is drilled. The engineer's estimate for the open
hole well was $1,010,000. The bid is slightly over the engineer's estimate but within budget. Staff
does not think rebidding the project will result in a lower bid. Municipal Builders, Inc. is the prime
contractor however, Mark J. Traut Wells, Inc. will be doing the actual drilling.
Two methods of construction are commonly used to construct large diameter municipal wells such
as Well No. 15. They are the dual rotary method, which was used for Well Nos. 9 -14 and the cable
tool method. Based on experience with the other wells, the dual rotary method will reliably be able
to meet the City's schedule. The cable tool method is the old technology method for drilling wells.
It is more disruptive, takes longer and is risker then the dual rotary tool method. A cable tool
contractor did request plans for the project but did not bid because he does not have the right
equipment to meet the requirements of the specifications. Mark J. Traut Wells, Inc. is the only dual
rotary drilling company that typically bids on municipal well projects in this area and has drilled the
g:\eng \pub1ic \_2014 projects \14 -04 well #15 \020915 bkgd award contract revl.doc
Paul Oehme
Well No. 15: Award Construction Contract
February 9, 2015
Page 4
last five wells for the City of Chanhassen. Their work was been acceptable. Well Nos. 12 and 13
also only received one bid. Two bids were received for the Well Nos. 10 and 11 projects.
FUNDING
Funding for the project was programmed in the 2015 CIP using Water Utility funds.
Also included in the budgeted project scope was upgrades to the City's SCADA (Supervisory
Control and Data Acquisition) system. SCADA is a system operating with coded signals over
communication channels to provide control and monitoring of remote equipment. The system runs
all the City's water towers, wells, sanitary lift stations and the treatment plant. The City's existing
SCADA system is 10 years old and runs off of Siemens hardware and software system. Several
years ago, Siemens exited the business of supporting municipal SCADA systems. Without support
and equipment procurement from the manufacturer, it is difficult to maintain and expand the system.
Staff has been working on migrating over to a new system the past several years when routine
maintenance comes up on remote sites. This practice has been cumbersome, difficult and more
expensive since the old system has to talk to the new system and more programming has to be
completed for the two systems to work together. Staff would like to switch out most of the remote
sites at this time to run on one SCADA platform. Staff is proposing to purchase the new SCADA
hardware from a local vendor for the upgrade and solicited for professional services for
programming, installation and integration. The SCADA improvements are separate from the Well
No. 15 bid and approval. Staff will bring the SCADA improvements components back to Council
for consideration at a later Council meeting.
SCHEDULE
Staff anticipates the following project schedule:
Start Construction March, 2015
Substantial Completion August, 2015
Attachments: Letter of Recommendation from Barr Engineering
Location Maps
CIP Page
Resolution
c: Brian LeMon, Barr Engineering
Kevin Crooks, Utility Superintendent
g: \eng \public \_2014 projects \14 -04 well #15 \020915 bkgd award wntractrcvl.dm
resourceful. naturally.
engineering and environmental consultants
February 4, 2015
Mr. Paul Oehme
Director of Public Works
City of Chanhassen
7700 Market Blvd.
PO Box 147
Chanhassen, MN 55317
Re: Well 15 Bid Recommendation
Dear Mr. Oehme:
i
The purpose of this letter is to provide a recommendation for award of the contract for the construction of
Chanhassen Well 15, Improvement Project No. 14 -04. The project involves the construction of a
production well and associated raw water collection main and appurtenances, in addition to a chemical
feed structure.
Due to uncertainty of the stratigraphy at the Well 15 site, two configurations for the production well
construction were bid: open hole and screened hole. A base bid for each well configuration plus the site
work was required. To determine the appropriate final configuration, the driller will install a pilot hole
prior to beginning construction on the production well.
The engineer's opinion of probable cost of construction for the project was $1,010,000 based on the open
hole option and included the site work.
Three well drillers indicated interest in the project by requesting bidding documents: Bergerson - Caswell,
Municipal Well, and Mark J Traut Wells. After reviewing the bidding documents, Bergerson - Caswell and
Municipal Well decided not to submit a bid.
Bids were received on February 4, 2015. Only one bid was received and that was from Municipal
Builders, Inc., with Mark J. Traut Wells, Inc. as a subcontractor. Municipal Builders bids were as follows:
Well 15 Open Hole Base Bid: $1,103,942.75
Well 15 Screened Hole Base Bid: $1,110,395.00
Barr reviewed the bid form and supporting documentation. All required information was submitted and
no errors were found on the bid form.
Barr Engineering Co. 4700 West 77th Street, Suite 200, Minneapolis, MN 55435 952.832.2600 www.barr.com
Mr. Paul Oehme
February 4, 2015
Traut has constructed other wells in the city and most recently successfully constructed Wells 12, 13, and
14. Traut uses a dual rotary drilling rig which, in the past, has allowed them to construct wells similar in
depth and diameter to Well 15 in six months or less. Based on this and other experience with Traut and
Municipal Builders, Barr recommends that the contract for the construction of Well 15 be awarded to
Municipal Builders, Inc.
Please let me know if you need additional information regarding our review of the bids.
Respectfully yours,
Dan Nesler, P.E.
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LOCATM
LOCAMON a
CITY OF CHANHASSEN
CHANHASSEN WELL 15
Chanhassen, Minnesota
CITY MAP 0
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SHEET NO.
TITLE
G -01 . . . .
Title Sheet, Index, and Site Location Map
C -01 . . . .
Site Plan and Pipe Profile
C -02 . . . .
Pitless Adapter and Site Work Sections
and Details
C -03 . .. .
Manhole Sections
C -04 . . . .
Electrical Control Vault Plan and Section
C -05 . . . .
Chemical Feed Structure and Details
C -06 . . . .
Fluoride System Details
C -07 . . . .
Chlorine System Details
C -08 . . . .
Watermain Connection Details
C -09 . . . .
Erosion Control Plan
S -01 . . . .
Chemical Feed Structure Specifications
S -02 . . . .
Chemical Feed Structure Plans and
Sections
E -01 . . . .
Well 15 Electrical Site Plan
E -02 . . . .
Chemical Feed Structure Electrical Plan
E -03 . . . .
Power One —Line Diagram
E -04 . . . .
Instrumentation and Control Schematic
E -05 . . . .
Instrumentation and Control Schematic
p�
CITY MAP 0
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SHEET NO.
TITLE
G -01 . . . .
Title Sheet, Index, and Site Location Map
C -01 . . . .
Site Plan and Pipe Profile
C -02 . . . .
Pitless Adapter and Site Work Sections
and Details
C -03 . .. .
Manhole Sections
C -04 . . . .
Electrical Control Vault Plan and Section
C -05 . . . .
Chemical Feed Structure and Details
C -06 . . . .
Fluoride System Details
C -07 . . . .
Chlorine System Details
C -08 . . . .
Watermain Connection Details
C -09 . . . .
Erosion Control Plan
S -01 . . . .
Chemical Feed Structure Specifications
S -02 . . . .
Chemical Feed Structure Plans and
Sections
E -01 . . . .
Well 15 Electrical Site Plan
E -02 . . . .
Chemical Feed Structure Electrical Plan
E -03 . . . .
Power One —Line Diagram
E -04 . . . .
Instrumentation and Control Schematic
E -05 . . . .
Instrumentation and Control Schematic
R CITY OF CHANHASSEN
CHANHASSEN. MINNESOTA
N
CHANHASSEN WELL 15 " " ° "`
CHANHASSEN, MINNESOTA 23101
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j ) + o° d• I I I LEVEL WAS DETERMINED ACCORDING TO THE GUIDELINES
/ f I`l ° `3' /O� 1 I OF CI /ASCE COLLECTION ENTITLED DE SIGN OF GUIDELINES
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6. ROUTE ALL WE DRAINAGE THROUGH AN APPROVED
\� / \ \ ! • - SEDIMENT TRAP PRIOR TO RELEASE TO DRAINAGE AREA
Y z ♦ / / ] FINAL WELL LL BE STAKED IN THE FIELD BY THE L EUMMEER.
HYDRANT TO BE 9f3Q6TED BY CITY B SAW CUT AND REMOVE PAVEMENT APPROXIMATELY 20
T I . • y 3
(OUTSIDE 9E PROJECT) _ -� R. ON EITHER SIDE OF PIPE ALIGNMENT. RESTORE IN
1 I TP SPK 1 / • f \ / KIND.
I 1004.3 3 \ 9. ENCASE ALL DIP W POLYETHYLENE AND RESTRAIN ALL
Ow JOINTS.
! D
10. COORDINATE MANHOLE AND VAULT DRAIN PIPE LOCATION
WITH OWNER. 2 "0 DR17 HOPE MAY BE USED IN PUG£
OF PVC.
m TV
1;e81e ry line 11. GRADE SITE TO DIRECT RUN OFF AWAY FROM WELL
12. COORDINATE WITH OWNER FOR HYDRANT DISCHARGE
J
ORIENTATION TO DISCHARGE IS ONTO PAVED SURFACE.
11. PROTECT AND SUPPORT BURIED UTILITIES. DURING PIPE
it I
04STALLATION COORDINATE ALL WORK NEAR BURIED
�• i UTILITIES WITH UTILITY OWNER.
14. PIPE CONNECTIONS TO VAULT ARE PLAIN END STEEL
VERIFY CONNECTION REOUIREMENTS WITH VAULT
SUPPLIER.
15. INSULATE WATERMAN AND CHEMK:AI. FEED ONES
BETWEEN CHEMICAL FEED STRUCTURE AND CHEMICAL
L!� PLAN: WELL #15 SITE FEED MANHOLE WITH 2' RICID BOARD INSULATION, 8'
0 20 40
WIDE CENTERED OVER PIPES.
" "... "'I ' 16. DIRECT DRAINAGE MOM NEW PARKING STALLS TO
SCALE IN FEET SMALL (115 SO RAINWATER GARDEN.
I Xp(8/ fEANY TNt MIS PUN. SPfalYalRW. GYNT
ae nFPMI wa PRWNYp T' le m IMpq Yr — PmBCK 01nc�: SmM AS SHOWN
wan 91Ppn+ sax Axo rxN Au A wxv BARK ENDINEOUNG Co.
GWB 14 CITY OF CHANHASSEN
1015
1010
1005
1000
995
990
1+20 1 +40 1 +60
EXISTING PATH
—• — EXISTING WATERMMN
—o.— EXISTING GAS LINE
—a— EXISTING OVERHEAD ELECTRIC
- - - -- EXISTING DRIVEWAY
- - - - - EXISTING CONTOUR 2 -FOOT
EXISTING CONTOUR 10 -FOOT
PROPOSED CONTOUR
0 PROPOSED TREE
OPROPOSED MANHOLE
PROPOSED PARKING ARWPATH BITUMINOUS
® BITUMINOUS PATH REMOVAL
O PROPOSED STRUCTURE DRIVEWAY
CHANHASSEN WELL 15 ", 23tOt0.00
CHANHASSEN, MINNESOTA ICLILW PRWECT No.
O 8 1
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t
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FJ5 6
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pu
7:8
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8 1 AN
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\
EXISiRIG 10.0 DP WATERMAIN
\ \ \
o &
n
f
I
1 1 /
1 1
'i I 1
l�% /
101:
BITUMINOUS PATH
LIM(3 101(
175 LF OF BITUMINOUS PATH.
BE REMOVED AND RELOCATED AS SHOWN 100(
100(
PROPOSED 200 LF OF BRUMMOUS
PATH REAIJGN r
SFi STARDAIO PLATE 5218 FOR
L PAVING DETAILS
991
PROPOSED TREE, OSIRYA VIRGINMNA (IRONWOOD, TIP OF 8)
990
j
�e
� w ^
3 1 a
---- LA
5
EXISTRIG GROUND
PROPOSED 2'0 DP
EXISTING
LINE (VERY
1211 TAPPING TE VALVE
E% NG 15'0 mw
0 6
/ -0+00 0+20 0+40 0+60 0 +80 1 +00
/1 PROPERTY LINE �1 FIFILE: WELL #15 PIPE
1N:aV 0 20 40
I
I NOR¢ SCALE IN FEET
NOTES-
EXISTING PRIMATE DRIVEWAY. 1. THE SUBSURFACE UTILITY INFORMATION ON THIS PUN
MAINTAIN ACCESS DURING CONSTRUCTION IS SHOWN TO UIILRY QUALM LEVEL D. THIS QUALM
j ) + o° d• I I I LEVEL WAS DETERMINED ACCORDING TO THE GUIDELINES
/ f I`l ° `3' /O� 1 I OF CI /ASCE COLLECTION ENTITLED DE SIGN OF GUIDELINES
^.-,L FOR UR COLLECTION ANA DEPICTION OF EXISTING
SUBSURFACE IiTINY DATA'.
1
�i 11 I T \'� II - 1 I° PROPOSED CHEMICAL FEED MH, 2, FIELD VERITY DIMENSIONS AND EXISTING AT MS. FIELD
SEE C -01. ROUTE CHEMICAL FEED PIPES
_ 1 \ FROM "HOLE TO CHEMICAL FEED 18'8 DIP.
— - • _ II I UCTURE WBH WATERMAIN.
1 INSTALL SILT FENCE AROUND PSHOO ER OF
' EXISTING PARK SIGN, CONSTRUCTION GE S AND AS SNOWN. INSTALL SILT
II _ 1 • \R ., K `T -_'K a COORDINATE LOG fUN R OMER OF TREES. AGE 54:EIY FENCE AROUND ARIA LINE
1 \ ` PROPOSED WELL FLUSHING HYDRANT 4, STRIP AND STOCKPILE ALL TOP SOIL MR REUSE IN
- -_ _.TO
FINAL GRADING.
1
_w_w —miQVW E OF TO BERELOG41E0 BY XCEI 5. ROM TEST PUMPING AND DEVELOPMENT T WATER TO
DOMT AREA TO WEST. CONTRACTOR TO OBTAIN
_ 1 1 my�� NEEDED PERMITS PRIOR TO G SOMCE. WORK WKTH
CITY AND WATERSHED DISTRICT TO DETERMINE
LTYd. 1 �`� TREATMENT REQUIREMENTS FOR WATER PRIOR TO
I DISCHARGE.
6. ROUTE ALL WE DRAINAGE THROUGH AN APPROVED
\� / \ \ ! • - SEDIMENT TRAP PRIOR TO RELEASE TO DRAINAGE AREA
Y z ♦ / / ] FINAL WELL LL BE STAKED IN THE FIELD BY THE L EUMMEER.
HYDRANT TO BE 9f3Q6TED BY CITY B SAW CUT AND REMOVE PAVEMENT APPROXIMATELY 20
T I . • y 3
(OUTSIDE 9E PROJECT) _ -� R. ON EITHER SIDE OF PIPE ALIGNMENT. RESTORE IN
1 I TP SPK 1 / • f \ / KIND.
I 1004.3 3 \ 9. ENCASE ALL DIP W POLYETHYLENE AND RESTRAIN ALL
Ow JOINTS.
! D
10. COORDINATE MANHOLE AND VAULT DRAIN PIPE LOCATION
WITH OWNER. 2 "0 DR17 HOPE MAY BE USED IN PUG£
OF PVC.
m TV
1;e81e ry line 11. GRADE SITE TO DIRECT RUN OFF AWAY FROM WELL
12. COORDINATE WITH OWNER FOR HYDRANT DISCHARGE
J
ORIENTATION TO DISCHARGE IS ONTO PAVED SURFACE.
11. PROTECT AND SUPPORT BURIED UTILITIES. DURING PIPE
it I
04STALLATION COORDINATE ALL WORK NEAR BURIED
�• i UTILITIES WITH UTILITY OWNER.
14. PIPE CONNECTIONS TO VAULT ARE PLAIN END STEEL
VERIFY CONNECTION REOUIREMENTS WITH VAULT
SUPPLIER.
15. INSULATE WATERMAN AND CHEMK:AI. FEED ONES
BETWEEN CHEMICAL FEED STRUCTURE AND CHEMICAL
L!� PLAN: WELL #15 SITE FEED MANHOLE WITH 2' RICID BOARD INSULATION, 8'
0 20 40
WIDE CENTERED OVER PIPES.
" "... "'I ' 16. DIRECT DRAINAGE MOM NEW PARKING STALLS TO
SCALE IN FEET SMALL (115 SO RAINWATER GARDEN.
I Xp(8/ fEANY TNt MIS PUN. SPfalYalRW. GYNT
ae nFPMI wa PRWNYp T' le m IMpq Yr — PmBCK 01nc�: SmM AS SHOWN
wan 91Ppn+ sax Axo rxN Au A wxv BARK ENDINEOUNG Co.
GWB 14 CITY OF CHANHASSEN
1015
1010
1005
1000
995
990
1+20 1 +40 1 +60
EXISTING PATH
—• — EXISTING WATERMMN
—o.— EXISTING GAS LINE
—a— EXISTING OVERHEAD ELECTRIC
- - - -- EXISTING DRIVEWAY
- - - - - EXISTING CONTOUR 2 -FOOT
EXISTING CONTOUR 10 -FOOT
PROPOSED CONTOUR
0 PROPOSED TREE
OPROPOSED MANHOLE
PROPOSED PARKING ARWPATH BITUMINOUS
® BITUMINOUS PATH REMOVAL
O PROPOSED STRUCTURE DRIVEWAY
CHANHASSEN WELL 15 ", 23tOt0.00
CHANHASSEN, MINNESOTA ICLILW PRWECT No.
1 1
'i I 1
l�% /
101:
BITUMINOUS PATH
LIM(3 101(
175 LF OF BITUMINOUS PATH.
BE REMOVED AND RELOCATED AS SHOWN 100(
100(
PROPOSED 200 LF OF BRUMMOUS
PATH REAIJGN r
SFi STARDAIO PLATE 5218 FOR
L PAVING DETAILS
991
PROPOSED TREE, OSIRYA VIRGINMNA (IRONWOOD, TIP OF 8)
990
j
�e
� w ^
3 1 a
---- LA
5
EXISTRIG GROUND
PROPOSED 2'0 DP
EXISTING
LINE (VERY
1211 TAPPING TE VALVE
E% NG 15'0 mw
0 6
/ -0+00 0+20 0+40 0+60 0 +80 1 +00
/1 PROPERTY LINE �1 FIFILE: WELL #15 PIPE
1N:aV 0 20 40
I
I NOR¢ SCALE IN FEET
NOTES-
EXISTING PRIMATE DRIVEWAY. 1. THE SUBSURFACE UTILITY INFORMATION ON THIS PUN
MAINTAIN ACCESS DURING CONSTRUCTION IS SHOWN TO UIILRY QUALM LEVEL D. THIS QUALM
j ) + o° d• I I I LEVEL WAS DETERMINED ACCORDING TO THE GUIDELINES
/ f I`l ° `3' /O� 1 I OF CI /ASCE COLLECTION ENTITLED DE SIGN OF GUIDELINES
^.-,L FOR UR COLLECTION ANA DEPICTION OF EXISTING
SUBSURFACE IiTINY DATA'.
1
�i 11 I T \'� II - 1 I° PROPOSED CHEMICAL FEED MH, 2, FIELD VERITY DIMENSIONS AND EXISTING AT MS. FIELD
SEE C -01. ROUTE CHEMICAL FEED PIPES
_ 1 \ FROM "HOLE TO CHEMICAL FEED 18'8 DIP.
— - • _ II I UCTURE WBH WATERMAIN.
1 INSTALL SILT FENCE AROUND PSHOO ER OF
' EXISTING PARK SIGN, CONSTRUCTION GE S AND AS SNOWN. INSTALL SILT
II _ 1 • \R ., K `T -_'K a COORDINATE LOG fUN R OMER OF TREES. AGE 54:EIY FENCE AROUND ARIA LINE
1 \ ` PROPOSED WELL FLUSHING HYDRANT 4, STRIP AND STOCKPILE ALL TOP SOIL MR REUSE IN
- -_ _.TO
FINAL GRADING.
1
_w_w —miQVW E OF TO BERELOG41E0 BY XCEI 5. ROM TEST PUMPING AND DEVELOPMENT T WATER TO
DOMT AREA TO WEST. CONTRACTOR TO OBTAIN
_ 1 1 my�� NEEDED PERMITS PRIOR TO G SOMCE. WORK WKTH
CITY AND WATERSHED DISTRICT TO DETERMINE
LTYd. 1 �`� TREATMENT REQUIREMENTS FOR WATER PRIOR TO
I DISCHARGE.
6. ROUTE ALL WE DRAINAGE THROUGH AN APPROVED
\� / \ \ ! • - SEDIMENT TRAP PRIOR TO RELEASE TO DRAINAGE AREA
Y z ♦ / / ] FINAL WELL LL BE STAKED IN THE FIELD BY THE L EUMMEER.
HYDRANT TO BE 9f3Q6TED BY CITY B SAW CUT AND REMOVE PAVEMENT APPROXIMATELY 20
T I . • y 3
(OUTSIDE 9E PROJECT) _ -� R. ON EITHER SIDE OF PIPE ALIGNMENT. RESTORE IN
1 I TP SPK 1 / • f \ / KIND.
I 1004.3 3 \ 9. ENCASE ALL DIP W POLYETHYLENE AND RESTRAIN ALL
Ow JOINTS.
! D
10. COORDINATE MANHOLE AND VAULT DRAIN PIPE LOCATION
WITH OWNER. 2 "0 DR17 HOPE MAY BE USED IN PUG£
OF PVC.
m TV
1;e81e ry line 11. GRADE SITE TO DIRECT RUN OFF AWAY FROM WELL
12. COORDINATE WITH OWNER FOR HYDRANT DISCHARGE
J
ORIENTATION TO DISCHARGE IS ONTO PAVED SURFACE.
11. PROTECT AND SUPPORT BURIED UTILITIES. DURING PIPE
it I
04STALLATION COORDINATE ALL WORK NEAR BURIED
�• i UTILITIES WITH UTILITY OWNER.
14. PIPE CONNECTIONS TO VAULT ARE PLAIN END STEEL
VERIFY CONNECTION REOUIREMENTS WITH VAULT
SUPPLIER.
15. INSULATE WATERMAN AND CHEMK:AI. FEED ONES
BETWEEN CHEMICAL FEED STRUCTURE AND CHEMICAL
L!� PLAN: WELL #15 SITE FEED MANHOLE WITH 2' RICID BOARD INSULATION, 8'
0 20 40
WIDE CENTERED OVER PIPES.
" "... "'I ' 16. DIRECT DRAINAGE MOM NEW PARKING STALLS TO
SCALE IN FEET SMALL (115 SO RAINWATER GARDEN.
I Xp(8/ fEANY TNt MIS PUN. SPfalYalRW. GYNT
ae nFPMI wa PRWNYp T' le m IMpq Yr — PmBCK 01nc�: SmM AS SHOWN
wan 91Ppn+ sax Axo rxN Au A wxv BARK ENDINEOUNG Co.
GWB 14 CITY OF CHANHASSEN
1015
1010
1005
1000
995
990
1+20 1 +40 1 +60
EXISTING PATH
—• — EXISTING WATERMMN
—o.— EXISTING GAS LINE
—a— EXISTING OVERHEAD ELECTRIC
- - - -- EXISTING DRIVEWAY
- - - - - EXISTING CONTOUR 2 -FOOT
EXISTING CONTOUR 10 -FOOT
PROPOSED CONTOUR
0 PROPOSED TREE
OPROPOSED MANHOLE
PROPOSED PARKING ARWPATH BITUMINOUS
® BITUMINOUS PATH REMOVAL
O PROPOSED STRUCTURE DRIVEWAY
CHANHASSEN WELL 15 ", 23tOt0.00
CHANHASSEN, MINNESOTA ICLILW PRWECT No.
/ -0+00 0+20 0+40 0+60 0 +80 1 +00
/1 PROPERTY LINE �1 FIFILE: WELL #15 PIPE
1N:aV 0 20 40
I
I NOR¢ SCALE IN FEET
NOTES-
EXISTING PRIMATE DRIVEWAY. 1. THE SUBSURFACE UTILITY INFORMATION ON THIS PUN
MAINTAIN ACCESS DURING CONSTRUCTION IS SHOWN TO UIILRY QUALM LEVEL D. THIS QUALM
j ) + o° d• I I I LEVEL WAS DETERMINED ACCORDING TO THE GUIDELINES
/ f I`l ° `3' /O� 1 I OF CI /ASCE COLLECTION ENTITLED DE SIGN OF GUIDELINES
^.-,L FOR UR COLLECTION ANA DEPICTION OF EXISTING
SUBSURFACE IiTINY DATA'.
1
�i 11 I T \'� II - 1 I° PROPOSED CHEMICAL FEED MH, 2, FIELD VERITY DIMENSIONS AND EXISTING AT MS. FIELD
SEE C -01. ROUTE CHEMICAL FEED PIPES
_ 1 \ FROM "HOLE TO CHEMICAL FEED 18'8 DIP.
— - • _ II I UCTURE WBH WATERMAIN.
1 INSTALL SILT FENCE AROUND PSHOO ER OF
' EXISTING PARK SIGN, CONSTRUCTION GE S AND AS SNOWN. INSTALL SILT
II _ 1 • \R ., K `T -_'K a COORDINATE LOG fUN R OMER OF TREES. AGE 54:EIY FENCE AROUND ARIA LINE
1 \ ` PROPOSED WELL FLUSHING HYDRANT 4, STRIP AND STOCKPILE ALL TOP SOIL MR REUSE IN
- -_ _.TO
FINAL GRADING.
1
_w_w —miQVW E OF TO BERELOG41E0 BY XCEI 5. ROM TEST PUMPING AND DEVELOPMENT T WATER TO
DOMT AREA TO WEST. CONTRACTOR TO OBTAIN
_ 1 1 my�� NEEDED PERMITS PRIOR TO G SOMCE. WORK WKTH
CITY AND WATERSHED DISTRICT TO DETERMINE
LTYd. 1 �`� TREATMENT REQUIREMENTS FOR WATER PRIOR TO
I DISCHARGE.
6. ROUTE ALL WE DRAINAGE THROUGH AN APPROVED
\� / \ \ ! • - SEDIMENT TRAP PRIOR TO RELEASE TO DRAINAGE AREA
Y z ♦ / / ] FINAL WELL LL BE STAKED IN THE FIELD BY THE L EUMMEER.
HYDRANT TO BE 9f3Q6TED BY CITY B SAW CUT AND REMOVE PAVEMENT APPROXIMATELY 20
T I . • y 3
(OUTSIDE 9E PROJECT) _ -� R. ON EITHER SIDE OF PIPE ALIGNMENT. RESTORE IN
1 I TP SPK 1 / • f \ / KIND.
I 1004.3 3 \ 9. ENCASE ALL DIP W POLYETHYLENE AND RESTRAIN ALL
Ow JOINTS.
! D
10. COORDINATE MANHOLE AND VAULT DRAIN PIPE LOCATION
WITH OWNER. 2 "0 DR17 HOPE MAY BE USED IN PUG£
OF PVC.
m TV
1;e81e ry line 11. GRADE SITE TO DIRECT RUN OFF AWAY FROM WELL
12. COORDINATE WITH OWNER FOR HYDRANT DISCHARGE
J
ORIENTATION TO DISCHARGE IS ONTO PAVED SURFACE.
11. PROTECT AND SUPPORT BURIED UTILITIES. DURING PIPE
it I
04STALLATION COORDINATE ALL WORK NEAR BURIED
�• i UTILITIES WITH UTILITY OWNER.
14. PIPE CONNECTIONS TO VAULT ARE PLAIN END STEEL
VERIFY CONNECTION REOUIREMENTS WITH VAULT
SUPPLIER.
15. INSULATE WATERMAN AND CHEMK:AI. FEED ONES
BETWEEN CHEMICAL FEED STRUCTURE AND CHEMICAL
L!� PLAN: WELL #15 SITE FEED MANHOLE WITH 2' RICID BOARD INSULATION, 8'
0 20 40
WIDE CENTERED OVER PIPES.
" "... "'I ' 16. DIRECT DRAINAGE MOM NEW PARKING STALLS TO
SCALE IN FEET SMALL (115 SO RAINWATER GARDEN.
I Xp(8/ fEANY TNt MIS PUN. SPfalYalRW. GYNT
ae nFPMI wa PRWNYp T' le m IMpq Yr — PmBCK 01nc�: SmM AS SHOWN
wan 91Ppn+ sax Axo rxN Au A wxv BARK ENDINEOUNG Co.
GWB 14 CITY OF CHANHASSEN
1015
1010
1005
1000
995
990
1+20 1 +40 1 +60
EXISTING PATH
—• — EXISTING WATERMMN
—o.— EXISTING GAS LINE
—a— EXISTING OVERHEAD ELECTRIC
- - - -- EXISTING DRIVEWAY
- - - - - EXISTING CONTOUR 2 -FOOT
EXISTING CONTOUR 10 -FOOT
PROPOSED CONTOUR
0 PROPOSED TREE
OPROPOSED MANHOLE
PROPOSED PARKING ARWPATH BITUMINOUS
® BITUMINOUS PATH REMOVAL
O PROPOSED STRUCTURE DRIVEWAY
CHANHASSEN WELL 15 ", 23tOt0.00
CHANHASSEN, MINNESOTA ICLILW PRWECT No.
1015
1010
1005
1000
995
990
1+20 1 +40 1 +60
EXISTING PATH
—• — EXISTING WATERMMN
—o.— EXISTING GAS LINE
—a— EXISTING OVERHEAD ELECTRIC
- - - -- EXISTING DRIVEWAY
- - - - - EXISTING CONTOUR 2 -FOOT
EXISTING CONTOUR 10 -FOOT
PROPOSED CONTOUR
0 PROPOSED TREE
OPROPOSED MANHOLE
PROPOSED PARKING ARWPATH BITUMINOUS
® BITUMINOUS PATH REMOVAL
O PROPOSED STRUCTURE DRIVEWAY
CHANHASSEN WELL 15 ", 23tOt0.00
CHANHASSEN, MINNESOTA ICLILW PRWECT No.
CHANHASSEN WELL 15 ", 23tOt0.00
CHANHASSEN, MINNESOTA ICLILW PRWECT No.
Projects By Funding Source
City of Chanhassen, MN
Project# W -048
Project Name Well #15 Improvements
Account #2
well is proposed to meet
br levels.
meet the growing water needs
Funding Sources
Account #3
Account #4
in
2015
2015 thru 2019
Department
Water System Improvements
CDLtset
Paul Oehme
Type
Improvement
Useful Life
Category
Utilities
Priority
n/e
Total Project Cost: $1,400,000
because of growth, summer water usage
water comprehensive plan and
2016 2017 2018
with a
2019 Total
Total 1,400,000 1,400,000
2015 2016 2017 2018 2019 Total
1,400,000 4 ��
Total 1,400,000 1,400,000
CITY OF CHANHASSEN
CARVER AND HENNEPIN COUNTIES, MINNESOTA
DATE: February 9.2015 RESOLUTION NO: 2015 -XX
MOTION BY:
SECONDED BY:
A RESOLUTION ACCEPTING BIDS AND AWARDING CONTRACT
FOR WELL NO. 15 PROJECT NO. 14-04
WHEREAS, pursuant to a request for bids for the Well No. 15 project, one bid was received
and opened as follows:
Bidder
1. Municipal Builders, Inc.
Total Bid
$1,103,942.75
AND WHEREAS, Municipal Builders, Inc. is the lowest responsible bidder with a total bid
amount of $1,103,942.75.
NOW THEREFORE, BE IT RESOLVED by the Chanhassen City Council:
The mayor and clerk are hereby authorized and directed to enter into a contract with Municipal
Builders, Inc. in the name of the City of Chanhassen for the Well No. 15 Project No. 14 -04
according to the plans and specifications therefore approved by the City Council and on file in
the office of the city clerk.
Passed and adopted by the Chanhassen City Council this 9s' day of February, 2015.
ATTEST:
Todd Gerhardt, City Manager
Denny Laufenburger, Mayor
YES NO ABSENT
FORM OF AGREEMENT
BETWEEN CITY OF CHANHASSEN AND CONTRACTOR
THIS AGREEMENT, made this 91h day of February, 2015, by and between the CITY
OF CHANHASSEN, a Minnesota municipal corporation ( "Owner ") and MUNICIPAL
BUILDERS, INC. ( "Contractor "). Owner and Contractor, in consideration of the mutual
covenants set forth herein, 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. Specifications dated January, 2015;
C. City of Chanhassen General Conditions of the Construction Contract;
D. Quote/Bid dated February 4, 2015.
In the event of a 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 "D" 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.
3. CONTRACT PRICE. Owner shall pay Contractor for completion of the Work
in accordance with the Contract Documents the amount of One Million, One Hundred Three
Thousand, Nine Hundred Forty Two and 75/100 ($1,103,942.75).
4. PAYMENT PROCEDURES.
A. Contractor shall submit Applications for Payment. Applications for
Payment will be processed by Engineer as provided in the General
Conditions.
B. Progress Payments; Retainage. Owner shall make 95% progress payments
on account of the Contract Price on the basis of Contractor's Applications
for Payment during performance of the Work.
C. Payments to Subcontractor.
(1) Prompt Payment to Subcontractors. Pursuant to Minn. Stat. §
471.25, Subd. 4a, the Contractor must pay any subcontractor
within ten (10) days of the Contractor's receipt of payment from
175gs1vt
r
the City for undisputed services provided by the subcontractor.
The Contractor must pay interest of 1 '/z percent per month or any
part of a month to the 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.
(2) Form IC -134 (attached) required from general contractor. Minn.
Stat. § 290.92 requires that the City of Chanhassen 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.
D. Final Payment. Upon final completion of the Work, Owner shall pay the
remainder of the Contract Price as recommended by Engineer.
5. COMPLETION DATE/LIQUIDATED DAMAGES.
A. The Work must be substantially completed by July 31, 2015, and
completed and ready for final payment in accordance with the General
Conditions by August 21, 2015.
B. Contract and Owner recognize that time is of the essence of this
Agreement and that Owner will suffer financial loss if the Work is not
completed within the times specified in Paragraph 5.A. above, plus any
extensions thereof allowed. The parties also recognize the delays,
expense, and difficulties involved in proving in a legal or arbitration
proceeding the actual loss suffered by Owner if the Work is not completed
on time. Accordingly, instead of requiring any such proof, Owner and
Contractor agree that as liquidated damages for delay (but not as a
penalty), Contractor shall pay Owner $1,250.00 for each calendar day that
expires after the time specified in Paragraph 5.A. for Completion until the
Work is complete.
Daily costs are based on MnDOT Table 1807 -1, "Schedule of Liquidated
Damages as follows:
175881vi
TABLE 1807 -1
SC14EDULE OF LIQUIDATED
DAMAGES
Original Contract Amount
Charge
Per Cal.
Day
$
From More Than
$
To and Including
$
0
25,000
75
25,000
50,000
125
50,000
100,000
250
100,000
500,000
500
500,000
1,000,000
750
1,000,000
2,000,000
1,250
2,000,000
5,000,000
1,750
5,000,000
10,000,000
2,500
10,000,000
3,000
6. CONTRACTOR'S REPRESENTATIONS.
A. Contractor has examined and carefully studied the Contract Documents
and other related data identified in the Contract Documents.
B. Contractor has visited the Site and become familiar with and is satisfied as
to the general, local, and Site conditions that may affect cost, progress, and
performance of the Work.
C. Contractor is familiar with and is satisfied as to all federal, state, and local
Laws and Regulations that may affect cost, progress, and performance of
the Work.
D. Contractor has carefully studied all: (1) reports of explorations and tests
of subsurface conditions at or contiguous to the Site and all drawings of
physical conditions in or relating to existing surface or subsurface
structures at or contiguous to the Site (except Underground Facilities)
which have been identified in the General Conditions and (2) reports and
drawings of a Hazardous Environmental Condition, if any, at the site.
E. Contractor has obtained and carefully studied (or assumes responsibility
for doing so) all additional or supplementary examinations, investigations,
explorations, tests, studies, and data concerning conditions (surface,
subsurface, and Underground Facilities) at or contiguous to the Site which
may affect cost, progress, or performance of the Work or which relate to
any aspect of the means, methods, techniques, sequences, and procedures
of construction to be employed by Contractor, including any specific
means, methods, techniques, sequences, and procedures of construction
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expressly required by the Bidding Documents, and safety precautions and
programs incident thereto.
F. Contractor does not consider that any further examinations, investigations,
explorations, tests, studies, or data are necessary for the performance of
the Work at the Contract Price, within the Contract Times, and in
accordance with the other terms and conditions of the Contract
Documents.
G. Contractor is aware of the general nature of work to be performed by
Owner and others at the Site that relates to the Work as indicated in the
Contract Documents.
H. Contractor has correlated the information known to Contractor,
information and observations obtained from visits to the Site, reports and
drawings identified in the Contract Documents, and all additional
examinations, investigations, explorations, tests, studies, and data with the
Contract Documents.
I. Contractor has given Engineer written notice of all conflicts, errors,
ambiguities, or discrepancies that Contractor has discovered in the
Contract Documents, and the written resolution thereof by Engineer is
acceptable to Contractor.
The Contract Documents are generally sufficient to indicate and convey
understanding of all terms and conditions for performance and furnishing
of the Work.
K. Subcontracts:
(1) Unless otherwise specified in the Contract Documents, the
Contractor shall, upon receipt of the executed Contract Documents,
submit in writing to the Owner the names of the Subcontractors
proposed for the work. Subcontractors may not be changed except
at the request or with the consent of the Owner.
(2) The Contractor is responsible to the Owner for the acts and
omissions of the Contractor's subcontractors, and of their direct
and indirect employees, to the same extent as the Contractor is
responsible for the acts and omissions of the Contractor's
employees.
(3) The Contract Documents shall not be construed as creating any
contractual relation between the Owner, the Engineer, and any
Subcontractor.
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(4) The Contractor shall bind every Subcontractor by the terms of the
Contract Documents.
7. WORKER'S COMPENSATION. The Contractor shall obtain and maintain for
the duration of this Contract, statutory Worker's Compensation Insurance and Employer's
Liability Insurance as required under the laws of the State of Minnesota.
8. COMPREHENSIVE GENERAL LIABILITY. Contractor shall obtain the
following minimum insurance coverage and maintain it at all times throughout the life of the
Contract, with the City included as an additional name insured on a primary and non-
contributory basis. The Contractor shall furnish the City a certificate of insurance satisfactory to
the City evidencing the required coverage:
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
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
Comprehensive Automobile Liability (owned, non - owned, hired):
Bodily Injury: $2,000,000 each occurrence
$2,000,000 each accident
Property Damage: $2,000,000 each occurrence
9. WARRANTY. The Contractor guarantees that all new equipment warranties as
specified within the quote shall be in full force and transferred to the City upon payment by the
City. 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 in accordance with the bid specifications.
10. INDEMNITY. The Contractor agrees to indemnify and hold the City harmless
from any claim made by third parties as a result of the services performed by it. In addition, the
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Contractor shall reimburse the City for any cost of reasonable attorney's fees it may incur as a
result of any such claims.
11. MISCELLANEOUS.
A. Terms used in this Agreement have the meanings stated in the General
Conditions.
B. Owner and Contractor each binds itself, its partners, successors, assigns
and legal representatives to the other party hereto, its partners, successors,
assigns and legal representatives in respect to all covenants, agreements,
and obligations contained in the Contract Documents.
C. Any provision or part of the Contract Documents held to be void or
unenforceable under any Law or Regulation shall be deemed stricken, and
all remaining provisions shall continue to be valid and binding upon
Owner and Contractor, who agree that the Contract Documents shall be
reformed to replace such stricken provision or part thereof with a valid and
enforceable provision that comes as close as possible to expressing the
intention of the stricken provisions.
D. Data Practices /Records.
(1) 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.
(2) All books, records, documents and accounting procedures and
practices to the Contractor and its subcontractors, if any, relative to
this Contract are subject to examination by the City.
E. Software License. If the equipment provided by the Contractor pursuant
to this Contract contains software, including that which the manufacturer
may have embedded into the hardware as an integral part of the
equipment, the Contractor shall pay all software licensing fees. The
Contractor shall also pay for all software updating fees for a period of one
year following cutover. The Contractor shall have no obligation to pay for
such fees thereafter. Nothing in the software license or licensing
agreement shall obligate the City to pay any additional fees as a condition
for continuing to use the software.
F. Patented devices, materials and processes. If the Contract requires, or the
Contractor desires, the use of any design, devise, material or process
covered by letters, patent or copyright, trademark or trade name, the
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17sssivI
Contractor shall provide for such use by suitable legal agreement with the
patentee or owner and a copy of said agreement shall be filed with the
Owner. If no such agreement is made or filed as noted, the Contractor
shall indemnify and hold harmless the Owner from any and all claims for
infringement by reason of the use of any such patented designed, device,
material or process, or any trademark or trade name or copyright in
connection with the Project agreed to be performed under the Contract,
and shall indemnify and defend the Owner for any costs, liability,
expenses and attorney's fees that result from any such infringement
G. 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.
H. 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.
I. Governing LawNenue. The laws of the State of Minnesota govern the
interpretation of this Contract. In the event of litigation, the exclusive
venue shall be in the District Court of the State of Minnesota for Carver
County.
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.
K. 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.
L. 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
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compensation for any construction delay resulting from the City's not
timely obtaining rights -of -way or easements.
M. If the work is delayed or the sequencing of work is altered because of the
action or inaction of the Owner, the Contractor shall be allowed a time
extension to complete the work but shall not be entitled to any other
compensation.
CITY OF CHANHASSEN
MW
Gerhardt, City Manager
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