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Well Maintenance Project: Approve Quote0 CITY OF BACKGROUND Fax: 952.227.1110 MEMORANDUM CHONSFN The City's well equipment must be maintained on a consistent schedule in order to Recreation Center 2310 Coulter Boulevard TO: Todd Gerhardt, City Manager 7700 Market Boulevard reduce City costs over time by decreasing the likelihood of expensive emergency PO Box 147 Chanhassen, MN 55317 FROM: Paul Oehme, Director Public Works /City Engineer Administration DATE: November 9, 2015 o Phone: 952.227.1100 Fax: 952.227.1110 SUBJ: Well Maintenance Project No. 15 -06: Approve Quote Building Inspections Phone: 952.227.1180 Fax: 952.227.1190 Engineering Phone: 952.227.1160 Fax: 952.227.1170 Finance Phone: 952.227.1140 Fax: 952.227.1110 Park & Recreation PROPOSED MOTION D -� "The City Council approves a quote and awards the base bid amount for the 2015 Well Maintenance project in the amount of $78,190.00 to E.H. Renner & Sons, City Project No. 15 -06. City Council approval requires a simple majority vote of the City Council present." Phone: 952.227.1120 BACKGROUND Fax: 952.227.1110 standards recommends well equipment undergo rehabilitation by a well contractor Fax: 952.227.1110 The City's well equipment must be maintained on a consistent schedule in order to Recreation Center 2310 Coulter Boulevard increase the longevity of the pumps and motors. This regular maintenance will also Phone: 952.227.1400 reduce City costs over time by decreasing the likelihood of expensive emergency Fax: 952.227.1404 repairs and prevent water supply interruptions. Planning & Natural Resources The City regularly inspects and performs routine maintenance on City wells. Industry Phone: 952.227.1130 standards recommends well equipment undergo rehabilitation by a well contractor Fax: 952.227.1110 every seven to eight years. This project includes inspecting and repairing the pump and motor if needed as well as replacing items that are nearing the end of their Public Works expected life. The Well Rehabilitation Program identifies Well #2 and #12 for 7901 Park Place maintenance this year. Phone: 952.227.1300 Fax: 952.227.1310 Well #2 is located on the cul -de -sac on the east end of W. 77th Street, east of the Senior Center intersection of W. 77th Street and Erie Avenue. This well was last repaired in 2008, Phone: 952.227.1125 seven years ago. The well has not had any known problems since it was last Fax: 952.227.1110 inspected. It is recommended that the system receive standard rehabilitation as part of this project. Website www.ci.chanhassen.mn.us Well #12 is located in South Lotus Lake Park, west of the entrance drive. This well was constructed in 2008. Well #12 has been running at normal levels, therefore staff does not anticipate a need for major repairs. It is recommended that the system receive standard rehabilitation as part of this project. g: \eng \}tgA�?�g�t�.j�ct�f��lillt& fad+ �f$ nP�i�N��AWIr�i%BikS#trSTPtY�r @b accept quote well #10.doc Todd Gerhardt Well Maintenance Project: Approve Quote November 9, 2015 Page 2 DOTES Four alternates were included in the solicitation. Alternates 1 and 2 include items for cleaning Well #2 and # 12, respectively. Alternates 3 and 4 include items for the replacement of the pump bowl and cable for Well #2 and #12, respectively. As the performance of Wells #2 and #12 have not indicated the need for repairs listed in Alternates 1 thru 4, staff cannot determine whether they will need the alternate work until the contractor pulls the pump and motor for inspection. As a result, the low quote was determined by the Base Bids for Well #2 and 412. The quotes received are summarized as follows: *Indicates low quote * *Denotes corrected bid total per tabulation of the unit prices E.H. Renner & Sons has completed previous well projects for the City of Chanhassen, and their past work has been acceptable. Work is scheduled to be completed by January 31, 2016. The total recommended contract includes the Base Bid for Wells #2 and #12 in the amount of $78,190.00. If Alternates 1 thru 4 are necessary after the wells are inspected, this work may be added to the contract via a change order. Funding for the rehabilitation of Well #2 and #12 was budgeted for in the 2015 CIP W -032. Attachment: CIP Page Resolution c: Stephanie Smith, Project Engineer Kevin Crooks, Utility Superintendent Roger Renner, E.H. Renner & Sons gAeng \public \_2015 projects \15 -06 well maintanence #2 and 412 \communication \151109_cc_accept quote well #10.doc Base Bid Well #2 Base Bid Well 912 Sum of Base Bids E.H. Renner & Sons* $42,550.00 $35,640.00 $78,190.00 Ber erson Caswell $41,325.00 $41,005.00 ** $82,330.00 Mark J. Trout Wells, Inc. 1 $47,060.00 $42,235.00 $89,295.00 *Indicates low quote * *Denotes corrected bid total per tabulation of the unit prices E.H. Renner & Sons has completed previous well projects for the City of Chanhassen, and their past work has been acceptable. Work is scheduled to be completed by January 31, 2016. The total recommended contract includes the Base Bid for Wells #2 and #12 in the amount of $78,190.00. If Alternates 1 thru 4 are necessary after the wells are inspected, this work may be added to the contract via a change order. Funding for the rehabilitation of Well #2 and #12 was budgeted for in the 2015 CIP W -032. Attachment: CIP Page Resolution c: Stephanie Smith, Project Engineer Kevin Crooks, Utility Superintendent Roger Renner, E.H. Renner & Sons gAeng \public \_2015 projects \15 -06 well maintanence #2 and 412 \communication \151109_cc_accept quote well #10.doc Projects By Funding Source City of Chanhassen, MN Project # W -032 Project Name Well Rehabilitation Program 2015 thru 2019 Department Water System Improvements Contact Paul Oehme Type Improvement Useful Life Unassigned Category Utilities Account #1 700 - 7025 -4530 Account #3 Priority n/a Account #2 Account #4 Description I I Total Project Cost: $630,000 this program annually inspects and performs regular maintenance of the City's wells. Well pumps are recommended to be serviced every 8 years. It is recommended that the following pumps and motors be pulled and inspected for wear: 2015 - Well #2 and # 12 2016 -Well #3 and # 13 2017 - Well #7 and #8 2018 - Well #14 2019 - Well #9 Justification Performing regular maintenance will extend the life of well components, reduce emergency calls and have a more reliable water supply system. Total Prior Expenditures 2015 2016 2017 2018 2019 225,000 Maintenance 90,000 90,000 90,000 45,000 90,000 405,000 Total Total 90,000 90,000 90,000 45,000 90,000 405,000 Prior Funding Sources 2015 2016 2017 2018 2019 Total F--2-25—,00-01 Water Utility Fund 90,000 90,000 90,000 45,000 90,000 405,000 Total Total 90,000 90,000 90,000 45,000 90,000 405,000 Budget Impact/Other 112 CITY OF CHANHASSEN CARVER AND HENNEPIN COUNTIES, MINNESOTA DATE: November 9, 2015 RESOLUTION NO: 2015 -XX MOTION BY: SECONDED BY: A RESOLUTION APPROVING A QUOTE FOR WELL MAINTENANCE PROJECT NO. 15 -06 WHEREAS, quotes were received for the Well #2 and #12 maintenance Project No. 15 -06, and AND WHEREAS, it appears the quote from E.H. Renner & Sons in the amount of $78,190.00 is the lowest responsible quote. NOW THEREFORE, BE IT RESOLVED by the Chanhassen City Council: 1. The mayor and clerk are hereby authorized and directed to enter into a contract with E.H. Renner & Sons in the name of the City of Chanhassen for the Well Maintenance Project No. 15 -06, 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 9t' day of November, 2015. ATTEST: Todd Gerhardt, City Manager Denny Laufenburger, Mayor YES NO ABSENT FORM OF AGREEMENT BETWEEN CITY OF CHANHASSEN AND CONTRACTOR FOR 2015 WELL MAINTENANCE PROJECT NO. 15 -06 THIS AGREEMENT, made this 9th day of November, 2015, by and between the CITY OF CHANHASSEN, a Minnesota municipal corporation ( "Owner ") and E.H. RENNER & SONS ( "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. Addendum No. 2 dated October 23, 2015; C. Addendum No. 1 dated October 22, 2015; D. Specifications dated October 19, 2015; E. City of Chanhassen General Conditions of the Construction Contract; F. Quote/Bid dated October 29, 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 Seventy Eight Thousand One Hundred Ninety and 00 /100 ($78,190.00). 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. g: \eng \public \_2015 projects \15 -06 well maintanence #2 and # 12 \contract administration \form of agreement -construction contract.docx 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 the City for undisputed services provided by the subcontractor. The Contractor must pay interest of 1 '/2 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 completed and ready for final payment in accordance with the General Conditions by January 31, 2016. 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 $ 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: 2 g: \eng \public \_2015 projects \15 -06 well maintanence #2 and # 12 \contract administration \form of agreement - construction contract.docx TABLE 1807 -1 SCHEDULE OF LIQUIDATED DAMAGES Original Contract Amount Charge Per Cal. Day M From More Than M To and Including M 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 g: \eng \public \_2015 projects \15 -06 well maintanence #2 and # 12 \contract administration \form of agreement -construction contract.docx 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. 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. 4 g: \eng \public \_2015 projects \15 -06 well maintanence #2 and # 12 \contract administrationWorm of agreement - construction contract.docx (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 g: \eng \public \_2015 projects \15 -06 well maintanence #2 and # 12 \contract administration \form of agreement -construction contract.docx 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 6 g: \eng \public \_2015 projects \15 -06 well maintanence #2 and # 12 \contract administration \fonn of agreement - construction contract.docx 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. 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 7 g: \eng \public \_2015 projects \15-06 well maintanence #2 and #12 \contract administration\form of agreement - construction contract.docx CITY OF :' MW compensation for any construction delay resulting from the City's not timely obtaining rights -of -way or easements. A 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. E.H. RENNER & SONS Roger E. Renner Its g: \eng \public \_2015 projects \15 -06 well maintanence #2 and # 12 \contract administration\form of agreement -construction contract.docx