Loading...
HomeMy WebLinkAboutItem 06.fDate: 28 August 2014 Item No. APPROVAL OF AGREEMENTS FOR WELL SEALING WITH KIMMES BAUER WELL DRILLING, INC. AND FOR WELL SEALING GRANTS WITH DAKOTA COUNTY Proposed Action Staff recommends adoption of the following motion: Move to approve agreements with Kimmes Bauer Well Drilling, Inc. for the sealing of wells at 19348 Dodd Boulevard and 19920 Kenwood Trail and with Dakota County for well sealing grants. Passage of this motion enables the sealing and abandonment of the two unused wells as required by the Minnesota Department of Health. Overview State law requires the well sealing be done by a licensed well contractor. Any pumping equipment that is still in place must be removed and then a grout mixture pumped into the well from the bottom to completely seal the well. The two properties were acquired through a joint powers agreement with Dakota County for the purpose of future right of way for County State Aid Highways (CSAH) 9 and 50. The Well Sealing Grant Agreement with Dakota County pays for 50 percent of the cost of the well sealing up to a maximum of $2,000.00. The remainder of the costs will be shared with the reconstruction projects for CSAH 9 and CSAH 50. Proposals for the well sealing were received from two contractors. Kimmes Bauer Well Drilling, Inc. was the lowest bidder in the amount of $3,830.00 for both wells. Staff has reviewed the proposals and supporting documentation and recommends approval. Primary Issues to Consider Why is sealing the wells necessary? Beyond state law, an unused and open well can be a potential threat to health, safety, and the environment. Wells that are not properly sealed can be a source of contamination for the underlying aquifers and can affect other nearby drinking water wells. Supporting Information • Copies of agreements for well sealing and Well Sealing Grants are attached to-c0e.. Neil C. Normandin Public Works Coordinator Financial Impact: $3,830.00 Budgeted: Yes Source: Grant Program/Project Funds Related Documents (CIP, ERP, etc.): Notes: /wA rf�' S8 &.IssoenzfeN. Im engineering -planning • environmental• construction August 27, 2014 Mr. Chris Petree Public Works Director City of Lakeville 18400 Ipava Avenue Lakeville, MN 55044 Re: Well Abandonment at 19348 Dodd Boulevard and 19920 Kenwood Trail City of Lakeville, MN WSB Project No. 2109-67 Dear Mr. Petree: 701 Xenia Avenue South Suite 300 Minneapolis, MN 55416 Tel: 763541-4800 Fax: 763541-1700 WSB has been coordinating both the well abandonment and building demolition at the two City -owned residential properties located at 19348 Dodd Boulevard and 19920 Kenwood Trail. Quotes were received for the well abandonment portion of the project from two certified well drillers in accordance with the Minnesota Department of Health rules. The quotes were checked for mathematical accuracy and submitted to Dakota County as part of the County Well Sealing Grant program. Dakota County has accepted the City's grant application and will be providing the City a grant in the amount of 50% of the costs of the well sealing, up to a maximum payment of $2,000.00 per well. Please find enclosed the Grant Award Letter provided by Dakota County as well as the Grant agreements for each property. In addition, the County has reviewed the two quotations received and selected Kimmes Bauer Well Drilling, Inc. as the contractor with the lowest bid. The quotations are attached as submitted by Kimmes Bauer Well Drilling, Inc. of Hastings, MN, in the amount of $1,740 and $2,090 for the 19920 Kenwood Trail and 19348 Dodd Boulevard properties, respectively. We recommend that the City Council consider these quotations and award a contract to Kimmes Bauer Well Drilling, Inc. based on the results of the quotations received. We also recommend entering into the attached agreement with Dakota County for reimbursement as described herein. WSB will be requesting quotations for the demolition of the residential homes and will provide those results to the Council once received. Sincerely, WSB & Associates, Inc., rieWaIlVer)stWedt, PE Project Manager St. Cloud • Minneapolis • St. Paul Equal Opportunity Employer wsbeng.cwm K:\02109-670\Admia\Docs\Well S,aling\LOR Contract Award 41514.d,, Mr. Chris Petree August 27, 2014 Page 2 Enclosures cc: Al Hansen, Kimmes Bauer Well Drilling, Inc. Vannesa Demuth, Dakota County K:W109-670Admin\Dms\We11 Sealing,LOR Cmtrao Award 4 15 14.dw AGREEMENT THIS AGREEMENT made this 2nd day of September, 2014, by and between the CITY OF LAKEVILLE, a Minnesota municipal corporation ("Owner" or "City") and Kimmes Bauer Well Drilling, Inc., a Minnesota corporation ("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. Minnesota Department of Health Well Sealing Code C. Contractor's Quote 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 "C" 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 $1,740 for 19920 Kenwood Trail and $2,090 19348 Dodd Boulevard inclusive of taxes, if any. 4. PAYMENT PROCEDURES. A. Contractor shall submit Applications for Payment. Applications for Payment will be processed by the Consulting Engineer prior to review and payment. 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 Subcontractors. (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 Y2 percent per month or any part of a month to the subcontractor Page 1 of 7 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 Lakeville 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 the Public Works Director. S. COMPLETION DATE. The Work must be completed within thirty (30) days after the date the Contract Times commence to run, and completed and ready for final payment in accordance with the General Conditions within ninety (90) days after the date when the Contract Times commence to run. 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 Page 2 of 7 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 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. The Contract Documents are generally sufficient to indicate and convey understanding of all terms and conditions for performance and furnishing of the Work. J. 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. Page 3 of 7 (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 and any subcontractor. (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 named 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: Property Damage: Pollution liability insurance: Bodily Injury: Property Damage: $2,000,000 each occurrence $2,000,000 each occurrence $2,000,000 aggregate $2,000,000 each occurrence $2,000,000 each occurrence $2,000,000 aggregate Page 4 of 7 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. 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 Contractor shall reimburse the City for any cost of reasonable attorney's fees it may incur as a result of any such claims. 10. PERFORMANCE AND PAYMENT BONDS. Performance and Payment Bonds are not required. 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. Page 5 of 7 (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. 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. F. 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. G. Governing Law/Venue. 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 Dakota County. H. 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. I. 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. J. Permits and Licenses. The Contractor shall obtain all permits and give all notices necessary and incidental to the completion of the Project. K. 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. Page 6 of 7 OWNER: CITY OF LAKEVILLE AND: Matt Little, Mayor Charlene Friedges, City Clerk Page 7 of 7 CONTRACTOR: Kimmes Bauer Well Drilling, Inc. ITS: August 28, 2014 Mr. Ryan Spencer WSB & Associates, Inc. 701 Xenia Avenue South, Suite 300 Minneapolis, MN 55416 Dear Mr. Spencer: Thank you for applying to be a part of this Well Seal Grant Program on behalf of the City of Lakeville. The City of Lakeville has been awarded a Well Seal Grant for the well located at 19348 Dodd Blvd, Lakeville and 19920 Kenwood Trl, Lakeville. The contractor with the lowest bid is Kimmes Bauer Well Company. The well contractor must seal the well prior to October 1, 2014 and submit the completed Well and Boring Sealing record to me. The Well Seal Grant Agreement is required to be completed and returned to me prior to the well contractor doing any work to the wells. After either you or the well contractor provides me with an invoice stamped "paid". I will then direct the County's Financial Services to send you a check for 50% of the cost of the well sealing, up to a maximum payment of $2000.00. Thank you for your participation with this important program. If you have any questions, I can be reached at 952-891-7010. Sincerely, Vanessa Demuth, P.G. Environmental Geologist Dakota County Environmental Resources 1 14955 Galaxie Ave., Apple Valley, MN 55124 1 952-891-7000 DAKOTA COUNTY Well Sealing Grant Agreement Grant Agreement No.: Please complete the following information. Grantee Name: City of Lakeville, MN Address: 20195 Holyoke Avenue City: Lakeville State: MN Zip: 55044 Phone No. (home): N/A (work): 952-985-4400 This Agreement, between the County of Dakota ("the County") and City of Lakeville (your name) ("Grantee"), shall embody all terms of the agreement between them under which the County shall provide a grant to Grantee to seal an unused well on the following real property located in Dakota County at: 19348 Dodd Boulevard agrees as follows. (your address) 1. Grantee has obtained two (2) or more bids from licensed well drilling contractors to perform all work required to properly seal the abandoned well referenced herein. 2. The County, through this grant program, will pay 50% of the well sealing cost, up to a maximum payment of $2,000.00. 3. The cost of any work performed by the Contractor not covered by this Grant shall be the sole responsibility of the Grantee. 4. Grantee, its heirs, successors, agents and assigns agree to indemnify and hold the County harmless for any claim, damages or causes of action arising under the performance of this Agreement by the Grantee or Grantee's contractor, agents or employees. 5. All well sealing shall be done in accordance with Minnesota Statues Section 1031(1990); Minnesota Rules, Chapter 4725; Dakota County Ordinance 114; and all other applicable statues, rules, and ordinances related to the sealing of abandoned wells. 6. The Grantee must pay the Contractor in full. The Contractor shall file a copy of the abandoned well record with the Minnesota Department of Health and Dakota County Water Resources Department. The County will then reimburse the Grantee. 7. This Agreement is effective from the date of the execution and shall remain in effect until terminated by either party for any reasonable cause upon seven (7) days written notice. A deadline extension may be granted for a short time period with good reason as determined by the County. DATE For office use only: Lowest bid amount $ Contractor with lowest bid: x Y2= amount of grant $ GRANTEE DAKOTA COUNTY Well Sealing Grant Agreement Grant Agreement No.: Please complete the following information. Grantee Name: City of Lakeville, MN Address: 20195 Holyoke Avenue City: Lakeville State: M N Zip: Phone No. (home): N/A (work): This Agreement, between the County of Dakota ("the County") and 55044 952-985-4400 City of Lakeville (your name) ("Grantee"), shall embody all terms of the agreement between them under which the County shall provide a grant to Grantee to seal an unused well on the following real property located in Dakota County at: 19920 Kenwood Trail agrees as follows. (your address) 1. Grantee has obtained two (2) or more bids from licensed well drilling contractors to perform all work required to properly seal the abandoned well referenced herein. 2. The County, through this grant program, will pay 50% of the well sealing cost, up to a maximum payment of $2,000.00. 3. The cost of any work performed by the Contractor not covered by this Grant shall be the sole responsibility of the Grantee. 4. Grantee, its heirs, successors, agents and assigns agree to indemnify and hold the County harmless for any claim, damages or causes of action arising under the performance of this Agreement by the Grantee or Grantee's contractor, agents or employees. 5. All well sealing shall be done in accordance with Minnesota Statues Section 1031(1990); Minnesota Rules, Chapter 4725; Dakota County Ordinance 114; and all other applicable statues, rules, and ordinances related to the sealing of abandoned wells. 6. The Grantee must pay the Contractor in full. The Contractor shall file a copy of the abandoned well record with the Minnesota Department of Health and Dakota County Water Resources Department. The County will then reimburse the Grantee. 7. This Agreement is effective from the date of the execution and shall remain in effect until terminated by either party for any reasonable cause upon seven (7) days written notice. A deadline extension may be granted for a short time period with good reason as determined by the County. DATE GRANTEE For office use only: Lowest bid amount $ x Y2= amount of grant $ Contractor with lowest bid: