HomeMy WebLinkAboutItem 06.jDate: 12 January 2015
Item No.
APPROVAL OF AN AGREEMENT FOR WELL SEALING AT 19740 KENWOOD
TRAIL WITH KIMMES BAUER WELL DRILLING, INC.
Proposed Action
Staff recommends adoption of the following motion: Move to approve an agreement with
Kimmes Bauer Well Drilling. Inc. for the sealing of wells at 19740 Kenwood Trail.
Passage of this motion enables the sealing and abandonment of the site's 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 property was acquired through a joint powers agreement with Dakota County for the
purpose of future right of way for County State Aid Highway 50. Dakota County has accepted
the City's grant application and is providing up to $1200.00 for the sealing of a point well and
a water supply well if they are determined to be separate wells. Project costs will be shared
with the reconstruction project for CSAH 50.
Proposals for the well sealing were received from two contractors. Kimmes Bauer Well
Drilling, Inc. provided the lowest proposal in the amount of $1,747.00 for both wells. The
other contractor proposed $3,295.00. 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
• A copy of the agreement for well sealing, letter of recommendation, Well Seal Grant
Awar opies o he pr osals are attached
Christopher J. tree
Public Works Director
Financial Impact: $1,747.00 Budgeted: Yes Source: Grant Program/Project Funds
Related Documents (CIP, ERP, etc.):
Notes:
AGREEMENT
THIS AGREEMENT made this 201'' day of January 2015, by and between the CITY OF
LAKEVILLE, a Minnesota municipal corporation ("Owner" or "City") and KIMMES-BAUER
WELL DRILLING, 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. 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 $1,747.00 for well sealing at 19740 Kenwood Trail 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. 4
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 11/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 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.
5. COMPLETION DATE. The Work must be completed within thirty (30) days
after the date that 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 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.
R 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:
k
(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 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
noncontributory 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
Comprehensive Automobile Liability (owned, non -owned, hired):
11
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.
(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.
6
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.
OWNER: CONTRACTOR:
CITY OF LAKEVILLE Kimmes-Bauer Well Drilling, Inc.
BY:
AND:
Matt Little, Mayor
Charlene Friedges, City Clerk
BY:
ITS:
A
iI/S
n m engineering -planning • environmental a construction
January 9, 2015
Mr. Chris Petree
Public Works Director
City of Lakeville
18400 Ipava Avenue
Lakeville, MN 55044
Re: Well Abandonment at 19740 Kenwood Trail
City of Lakeville, MN
WSB Project No. 2109-810
Dear Mr. Petree:
701 Xenia Avenue South
Suite 300
Minneapolis, MN 55416
Tel: 763-541.4800
Fax: 763-541-1700
WSB has been coordinating both the well abandonment and building demolition at the City -
owned residential property located at 19740 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.
Dakota County has accepted the City's grant application and will be providing the City a grant in
the amount of $300 for the point well (if determined to be a separate well) and $900 for the water
supply well. Please find enclosed the Grant Award Letter provided by Dakota County.
Please find enclosed the low Well Abandonment Quote summited by Kimmes Bauer Well
Drilling, Inc. of Hastings, MN,jn the amount of $1,747 and Certificate of Liability Insurance.
We recommend that the City Council award the well sealing contract to Kimmes Bauer Well
Drilling, Inc. based on the results of the quotations received.
Please also, find enclosed the Lakeville Independent Contractor Agreement for City
authorization.
St. Cloud • Minneapolis • St. Paul
Equal Opportunity Employer
wsbeng.com
K:W2109-8101Adm1nWoee\We0 SealinaOlt Contract Award 1-9-15.doc
Mr. Chris Petree
January 9, 2015
Page 2
Sincerely,
WSB & Associates, Inc.
10 1
Ryan Spencer
Environmental and Remediation Scientist
Enclosures
cc: Vannesa Demuth, Dakota County
Al Hansen, Kimmes Bauer Well Drilling, Inc.
KA02109-810\Admin\Dms\Well 8ealin@\WRCmtract Award 1-9-15.dac
January 9, 2015
City of Lakeville
18400 1 pava Ave
Lakeville, MN 55044
RE: Dakota County Well Seal Grants Awarded for two water wells located at 19740 Kenwood
Trail, Lakeville, MN 55044
Dear Well Owner:
You have been awarded a Dakota. County Well Seal Grant in the amount of $300 for the drive
point well and $900 for the other water supply well. Sealing an unused well helps to protect our
drinking water aquifers. The well must be sealed by a licensed well contractor within 90 days
from the date of this letter. Once the well is sealed and you have paid the well contractor, the
well contractor will send us a copy of the invoice indicated as paid in full along with the Well and
Boring Sealing Records. We will then direct the County's Financial Services to send you a
check in the amount of $1200.
Should you have any questions I can be reached at vanessa.demuth(»co.dakota.mn.us or 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
KiMMESsBAUER
ELL I
CONTRACTOR:
LLING. INC.
22100 Lillehei Avenue
Hastings, Minnesota 55033
City of Lakeville
Ryan Spencer
WELL ABANDONMENT
Phone:
(651) 437-1973
(651) 423-3800
(507) 263-3522
1-800-944-0880
Fax: (651) 437-6394
kimmesbauer@gmall.com
HOMEOWNER: City of Lakeville
DATE: January 8 2015
LOCATION: 19740 Kenwood Trail Lakeville, MN
TELEPHONE: (763) 231-4854
HOME WORK
EMAIL: rspencer@wsbeng.com
Labor to pull pump , & cut hole in deck ................. . . $
Est. 1 yds. Neat cement grout at $ 360.00 per cubic yd ....................... $
Labor to pump neat cement grout .................................................... $
1 Dakota County well abandonment permit .................................. $
Paperwork and filing fee............................................................ $
TOTAL FOR THE ABOVE MATERIAL AND LABOR $
Note: More or less neat cement grout will be invoiced
at $ 400.00 per cubic yd.
Note: This quotation does not include perforation if needed.
Note: Kimmes-Bauer Well Drilling, Inc. is not responsible for damages to yard by repair equipment or trucks.
TERMS: 50% down — All accounts are due upon completion / due upon receipt. 1.5% will be
charged per month on all accounts not paid in full within 30 days unless specific
arrangements have been made
400.00
Ann nn
600.00
247.00
100.00
1,747.00
By signing this agreement, contractor acknowledges that they have read the agreement and accepts the foregoing terms
and conditions.
Accepted by:
Dated:
cern rro.OM IM10
Submitted by:
KIMMESS�-BAUER WELL DRILLING, INC.
Com""'` Alan Hansen
** ESTIMATE IS VALID FOR 6 MONTHS FROM DATE OF ESTIMATE. **
MEMBER 'fir MINNESOTA WATER WELL ASSOCIATION *
MINNESOTA LICENSE #1540 WISCONSIN LICENSE #59
I BERGERSON-CASWELL INC.
5115 INDUSTRIAL STREET
1RFKC,FKS0N-CAS%V-FJ.LMAPLE PLAIN, MN 55359
BY:
09 -Jan -15
DRILLING SERV I CES
19740 Kenwood Trail, Lakeville
WSI3, Ryan
TELEPHONE (763)479-3121
FAX (763)479-2183
Sealing of one 4" water supply wel I estimated at 200' wi th 120' of openhol e i n bedrock.
B -C will supply well permit and grout well to surface.
- M obl izati on/Demobi I i Izati on
- Labor to pul I pump and seal wel I
(estimated and billed per actual)
- Grout (esti mated and bi I I ed per actual)
- Wel I seal i ng permit
DATE:
UNITS
COST
AMOUNT
1 EA
@ $ 500.00
$ 500.00
8 H R
@ $185.00
$ 1480.00
30 EA
@ $ 35.00
$ 1050.00
1 EA
@ $ 265.00
$ 265.00
0
@ $ 0.00
$ 0.00
0
@ $ 0.00
$ 0.00
0
@ $ 0.00
$ 0.00
0
@ $ 0.00
$ 0.00
0
@ $ 0.00
$ 0.00
0
@ $ 0.00
$ 0.00
0
@ $ 0.00
$ 0.00
TOTAL COST
ESTIMATE: $ 3295
SUBMITTED
BY:
Cost esti mate val id for 60 days from date issued. David J. Lenuneier
If work orders issued beyond that date please call for current pricing. Department Manager Data 09 -Jan -15
PLEASE RETURN ONE COPY FOR OUR RECORDS