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HomeMy WebLinkAboutItem 06.gMay 16, 2016 Item No. AGREEMENT WITH HARTMANN WELL COMPANY FOR THE INSTALLATION OF A WELL AT RITTER FARM DOG PARK Proposed Action Staff recommends adoption of the following motion: Move to approve agreement with Hartmann Well Company for the installation of a well at the Ritter Farm Dog Park. Overview As noted in a separate City Council agenda item, Staff has worked with WSB & Associates, Inc. on the preparation of plans and specifications for the construction of the Ritter Farm Dog Park. Staff recommended approval to award a contract with Kevin Casey, LLC for the construction of the park. As part of the design of the dog park, Staff is also proposing to install a well on site. While completing research on dog parks and discussing dog park design with dog park users, the number one amenity dog owners would like to have on site is the availability of water. Preparation of plans and specifications for the well was recently completed; a total of 3 competitive bids were received for the well ranging from a low of $21,286 to a high of $28,594. The low bid was submitted by Hartmann Well Company. At this time, Staff is recommending the Mayor and City Council approve an agreement with Hartmann Well Company to install a well at the Ritter Farm Dog Park at a cost of $21,286. Primary Issues to Consider • Hartmann Well Company is a reputable company that the City of Lakeville has worked with previously Supporting Information • Agreement • Request for Quotes — Ritter Farm Dog Park Well Installation dated April 28, 2016 • Quote dated May 6, 2016 Financial Impact: $21,286 Budgeted: Y® NO Source: Park Dedication Fund Related Documents: (CIP, ERP, etc.): Envision Lakeville Community Values: Good Value for Public Services Report Completed by: John Hennen, Parks & Recreation Director AGREEMENT WITH HARTMANN WELL COMPANY FOR RITTER FARM PARK DOG PARK WELL INSTALLATION THIS AGREEMENT made this 16th day of May 2o16, by and between the CITY OF LAKEVILLE, hereinafter referred to as the "'City".and HARTMANN WELL COMPANY, hereinafter referred to as the "Contractor". THE CITY AND THE CONTRACTOR, FOR THE CONSIDERATION HEREINAFTER STATED, AGREE AS FOLLOWS: 1. SCOPE OF SERVICES. The scope of services is detailed in the April 28, =6 Request for Proposal — Ritter Farm Dog Park, Well Installation. The Contractor agrees to perform the services as detailed in the Contract Documents. 2. 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. April 28, 2os6 Request for Proposal — Ritter Farm Dog Park, Well Installation C. Contractors Proposal dated May 6, 2016 If there is a conflict among the provisions of the Contract, 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. 3. OBLIGATIONS OF THE CONTRACTOR. The Contractor agrees that the work contemplated by the Contract shall be fully and satisfactorily completed in accordance with the terms of the Contract Documents. y. PAYMENT. A. The City agrees to pay and the Contractor agrees to receive and accept payment in accordance with the prices quoted as set forth in the completed Proposal. Payment to the Contractor shall be made monthly based on submission and approval of an invoice. B. Payments to Subcontractor. Pursuant to Minn. Stat. S 471.25, Subd. 4a, the Contractor must pay any subcontractor within ten (1o) days of the Contractor's receipt of payment from the City for undisputed services provided by the subcontractor. The Contractor must pay interest of i�h 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 $1oo.00 or more is $1o.00. For an unpaid balance of less than $1oo.00, the Contractor shall pay the actual penalty due to the subcontractor. S. INDEMNIFICATION. A. The Contractor shall indemnify, defend and hold harmless the City and its officials, agents, representatives, and employees from any loss, claim, liability and expense (including reasonable attorney's fees and expenses of litigation) with respect to: (a) Worker's Compensation benefits payable on account of injury or death to any Contractor employee or to any employee of Contractor's subcontractors, where the injury or death arises out of or is in any way related to the work performed or to be performed under the Contract; (b) claims for personal injury, death, or property damage or loss asserted by a Contractor or subcontractor or any of their officers, agents, representatives, or employees where the injury, death, damage, or loss arises out of or is in any way related to the work performed or to be performed under the Contract; and (c) claims for personal injury, death, or property damage or loss as asserted by third -parties at the work site, where the claim is based in the whole or in any part on, or is in any way related to, any act or omission by Contractor, or Contractor's subcontractors, agents, employees or delegates. B. Contractor shall agree that the indemnities stated above shall be construed and applied in favor of indemnification. To the extent permitted by law, the stated indemnities shall apply regardless of any strict liability or negligence attributable to the City and regardless of the extent to which the underlying harm is attributable to the negligence or otherwise wrongful act or omission (including breach of contract) of Contractor, its subcontractors, agents, employees or delegates. Contractor also agrees that if applicable law limits or precludes any aspect of the stated indemnities, then the indemnities will be considered limited only to the extent necessary to comply with that applicable law. The stated indemnities continue until all applicable statutes of limitations have run. C. If a claim arises within the scope of the stated indemnity, the City may require Contractor to furnish a written acceptance of tender of defense and indemnity from Contractor's insurance company. Contractor will take the action required by City within fifteen (s5) days of receiving notice from City. 6. RIGHTS AND REMEDIES. A. The duties and obligations imposed by the Contract Documents and the rights and remedies available thereunder shall be in addition to and not a limitation of any duties, obligations, rights and remedies otherwise imposed or available by law. B. No action or failure to act by the City or the Contractor shall constitute a waiver of any right or duty afforded by any of them under the Contract, nor shall any such action or failure to act constitute an approval of or acquiescence in any breach thereunder, except as may be specifically agreed in writing. 7. GOVERNING LAW. The Contract shall be governed by the laws of the State of Minnesota. 8. INSURANCE. Prior to commencing work on the Contract, the Contractor shall furnish the City a certificate of insurance. The Contractor shall furnish and maintain during the project such public liability and property damage insurance as shall protect Contractor and any subcontractors performing work covered by the Contract from claims for damages by Workers Compensation Statute, and from claims for property damages or personal injury which may arise from operations under this Contract, whether such operations are by Contractor or by an subcontractor or anyone directly or indirectly employed by either of them and the amounts of insurance shall be as follows: 2. Workers Compensation — as provided in the applicable law. 2. Commercial General Liability: Personal Injury- $2,000,000.00 Property Damage - $2,000,000.00 3. Comprehensive Automobile Liability: Personal Injury - $2,000,000.00 Property Damage - $2,000,000.00 All insurance policies (or riders) required by this Agreement shall be (i) taken out by the Provider and maintained with responsible insurance companies organized under the laws of one of the states of the United States and qualified to do business in the State of Minnesota, (ii) shall contain a provision that the insurer shall not cancel or revise coverage thereunder without giving written notice to Provider as an insured party and to City as an additional insured before cancellation or revision becomes effective, (iii) shall name Provider as an insured party and City as an additional insured with respect to General Liability and Auto Liability policies on a primary and non-contributory basis, (iv) shall be in accordance with specifications approved by the insurance advisory for City, and (v) shall be evidenced by a Certificate of Insurance listing City as an additional insured which shall be filed with the city. Certificates of Insurance that do not meet these requirements will not be accepted. Certificates of Insurance shall include the policy endorsement showing the City named as additional insured on a primary and non-contributory basis. g. TERM. The term of this Contract shall begin on the effective date and end at the completion of all work associated with the installation and startup of the equipment, unless sooner terminated as hereinafter provided. so. SUPPLIES, EQUIPMENT, AND INCIDENTALS. The City and Contractor agree that the Contractor shall furnish any and all supplies, equipment, and incidentals necessary for Contractor's performance of this Contract. ii. TERMINATION WITHOUT CAUSE BY CITY. The City reserves the right at its sole discretion to terminate this Contract at will immediately without cause at any time within the term of this Contract. In the event of such termination, the City shall provide Contractor written notice of termination and upon receipt of same, Contractor shall immediately cease and desist Contractor's provision of services under this Contract and City shall have no further obligation under this Contract to pay any further compensation to Contractor except for compensation due and owing for services prior to Contractor's receipt of the written notice of termination. 12. INDEPENDENT CONTRACTOR. City and Contractor agree that Contractor, while engaged in carrying out and complying with the terms and conditions of this Contract and the provision of services thereunder, shall be considered at all times an independent contractor and not an officer, employee, or agent of the City. City and Contractor further agree that Contractor shall not at any time or in any manner represent that Contractor or any of the Contractor's agents or employees are in any manner agents or employees of the City. City and Contractor further agree that Contractor shall be exclusively responsible under this Contract for Contractor's own FICA payment, workers compensation payments, unemployment compensation payments, withholding amounts, and/or self-employment taxes or other taxes if any such payments, amounts, ortaxes are required to be paid by law or regulations. 13. WRITTEN NOTICE OR OTHER CORRESPONDENCE. Any written notice or other correspondence to be provided by or between the City and the Contractor in accordance with this Contract shall be hand delivered or mailed by registered or certified mail to the following address: CITY: City of Lakeville 20195 Holyoke Avenue Lakeville MN 55044 VENDOR: Hartmann Well Company 3o8 E Main Street New Prague, MN 56071 14. WAIVER OF DEFAULT. Any waiver by City of a default under the provisions of this Contract by Contractor shall not operate or be construed as a waiver of a subsequent default by the Contractor. No waiver shall be valid unless in writing and signed by the Mayor and the City Administrator on behalf of the City. as. NO ASSIGNMENT OR SUBCONTRACTING. The City and Contractor agree that the services to be rendered by the Contractor under this Contract are unique and personal. Accordingly, the Contractor may not assign or subcontract out any of the Contractor's rights or any of the Contractor's duties or obligations under this Contract. 3.6. INVALIDITY OF PROVISIONS. If any term or provision of this Contract or any application hereof to any person or circumstances, shall to any extent be invalid or unenforceable, the remainder of this Contract or the application of such term or provision to persons or circumstances other than those as to which it is held invalid or unenforceable shall not be effected hereby and each term and provision of this Contract shall be valid and be enforced to the fullest extent permitted by law. 27. DATA PRACTICES/RECORDS. A. 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. B. All books, records, documents, and accounting procedures and practices of the Contractor and its subcontractors, if any, relative to this Contract are subject to examination by the City. s8. WARRANTY. The Contractor shall be held responsible for any and all defects in workmanship which may develop in any part of the contracted service, and upon proper notification by the City shall remedy, without cost to the City, any such faulty work and damage done by reason of the same in accordance with the proposal specifications. 19. CHANGE ORDERS. Without invalidating the Contract, the City may, at any time or from time to time, order additions, deletions, or revisions in the Work; these will be authorized by Change Orders. Upon receipt of a Change Order, the Contractor shall proceed with the work involved. Changes in the Contract Price shall be based on the Proposal Prices. 20. ENTIRE AGREEMENT. This instrument herein contains the entire and only agreement between the parties and no oral statement or representation or prior written matter not contained in this instrument shall have any force and effect. This Contract shall not be modified in any way except by writing executed by both parties. 22. DISCRIMINATION. Contractor agrees to comply with Minnesota Statute 181.59 that states: Subsection A. That, in the hiring of common or skilled labor for the performance of any work under any contract, or any subcontract, no contractor, material Contractor or vendor, shall, by reason of race, creed, or color, discriminate against the person or persons who are citizens of the United States or resident aliens who are qualified and available to perform the work to which the employment relates; Subsection B. That no contractor, material Contractor, or vendor, shall, in any manner, discriminate against, or intimidate, or prevent the employment of any person or persons identified in clause (1) of this section, or on being hired, prevent, or conspire to prevent the person or persons from the performance of work under any contract on account of race, creed, or color; Subsection C. That a violation of this section is a misdemeanor; and Subsection D. That this contract may be canceled or terminated by the state, county, city, town, school board, or any other person authorized to grant the contracts for employment, and all money due, or to become due under the contract, may be forfeited for a second or any subsequent violation of the terms or conditions of this contract. 22. BACKGROUND CHECKS. The City may require criminal history background checks of the Contractor's employee's for purposes of access to City facilities. The City reserves the right to deny access to City facilities to those Contractors or Contractor's employees that it deems inappropriate. CITY OF LAKEVILLE BY: AND: Matt Little, Mayor Charlene Friedges, City Clerk CONTRACTO -&" Ut,-- BY: (0►oar" Its City of Lakeville n.,..:a.:....,.a .s,. art........ April 28, 2016 RE: Request for Proposal Ritter Farm Dog Park, Well Installation PURPOSE The City of Lakeville is seeking proposals to install a new 4 inch well to provide water for the new Off Leash Dog Park to be installed during the summer of 2016 at Ritter Farm Park. The project includes the installation of new secondary electricity supply, meter, circuit breaker panel, termination of all well controls, concrete pad and an enclosure for all well components. Dakota Electric Association will be installing a new primary power transformer and street light as noted on the included plan sheets. A second grading contractor will be installing a parking lot, fencing and other items for the construction of the clog park. Proposals are due on or before Monday, May 9, 2016 at 2:00 p.m. The City desires the work to be completed prior to September 1, 2016. A pre -construction meeting with the grading contractor and well contractor will be scheduled prior to June 3, 2016 to discuss the project timeline. The City anticipates approving an agreement for the work on May 16, 2016. REQUIRED QUALIFICATIONS The City requires that the Contractor performing the work is licensed by the State of Minnesota and holds a current MN Well Contractor License Type A, SCOPE OF SERVICES Well Installation 1. Installation of a 4" Standard Well, approximately 240 feet deep. 2. Alternate 1: Installation of a grouted 8" by 4" well approximately 340 feet deep, depending on the geological formations found during the drilling process. 3. 3/ Horsepower submersible pump, to supply 10 gallons per minute. 4. 1" Galvanized drop pipe, approximately 126 feet. 5. 12/4 Submersible wire, approximately 135 feet. 6. Pressure tank and all associated piping/connections, and controls. 7. Pitless Unit 8. 1" waterline to be installed to location of drinking fountain, estimated at 20 feet or less. 9. Sampling port both before and after pressure tank 10. Blow out line installation to allow the system to be easily winterized. 20195 Holyoke Avenue, Lakeville, MN 55044 952-985-4400 s 952-985-4499 fax www.laknffieinu.gov 'hCity of Lakeville UA@��fAN e/1 4'- 71-j- 11. Dakota County Permitting, Well Recording, Testing and Inspection as required. 12. City of Lakeville Permits as required. 13. All other components and/or installation needed items to provide a fully functioning well and water system. Electrical Installation 1. Connect to new primary electrical transformer (per Dakota Electric Association). 2. Provide and install electric meter, circuit breaker panel including all trenching, conduit and any other components necessary to provide electricity to the well pump system. Distance from transformer to well pump and pressure tank is estimated to be 20 feet or less. 3. All components shall be mounted using exterior weather tight, lockable components on the exterior of the pressure tank enclosure, as allowed by electrical code. 4. Field verify location of electrical components with owner prior to installation. 5. Terminations of all well pump control wiring. 6. Contractor shall coordinate the work with Dakota Electric Association. Enclosure Installation 1. Install concrete pad to mount pressure tank and well piping. 2. Install conduit lines and sleeves as needed within the concrete pad. 3. Oversize concrete pad a minimum of 6 inches on all sides of enclosure. 4. Provide forest green Pa ntod steel enclosure sized appropriately to facilitate winterization, repairs and contain pressure tank and all other required components. 5. Enclosure shall have a lockable, hinged door with support struts. 6. Enclosure shall be vented to allow air circulation within the enclosure. 7. Enclosure shall be securely bolted to the concrete pad. ■ Note: The contractor is expected to minimize disturbances at the site, remove any and all debris created during the project. Contractor shall coordinate with Dog Park Grading Contractor to repair any areas impacted by the project. SPECIFICATIONS The work shall be performed in accordance with: 1. The MN Well Code in accordance with Minnesota Department of Health and Dakota County. 2. The 2014 National Electrical Code 20195 Holyoke Avenue, Lakavffle, MN 55044 952-985-4400 + 952-985-4499 fax wwwJ&k .gov City of Lakeville SPECIAL PROVISIONS Mobilization — Mobilization shall be considered incidental to the project cost. Submittals — Contractor shall submit with proposal manufacturer data sheets for the following components: 1. Submersible Pump 2. Pitless Unit 3. Enclosure BASIS OF PAYMENT Well Installation — Unit pricing shall be utilized for Well Installation payment. Contractor shall base quote on estimated values on the proposal form. Alternate 1 well installation shall follow in accordance with the above payment plan. Electrical Installation — Payment for the electrical installation shall be lump sum. Unit pricing shall be utilized for wire installed over the estimated quantity of 20 feet. Enclosure Installation- Payment for the enclosure and concrete pad shall be lump sum and inclusive of all labor, equipment, materials required to complete the installation. QUALITY ASSURANCE 1. Manufacturers warranties shall pass to the Owner and certification made that the product materials conform to industry standards and inspection requirements. 2. Contractor shall provide a one year warranty for the materials and workmanship of all items included in the proposal. Warranty period shall commence upon final payment to the contractor. PERMITS The selected Contractor must obtain well permit from Dakota County as required. The selected Contractor must obtain Electrical Permit from the City of Lakeville. The selected Contractor must obtain any other permits as required. 20195 Holyoke Avenue, Lakeville, MN 55044 952-985-4400.952-985-4499 fax wwwlakevi7lemn.gov City of Lakeville PROPOSAL EVALUATION The selection committee will evaluate the proposals using the following: 1. Price evaluation 2. Material and Components requiring submittals Proposal Submittal Send complete proposals to: City of Lakeville Mark Kruse, Parks Superintendent 20195 Holyoke Avenue Lakeville, MN 55044 mkmse@lakeviffemn.gov Submit written or electronic copies of your proposal to Mark Kruse on or before Monday, May 9, 2016 at 2:00 p.m. Electronic copies are preferred but not required. 20195 Holyoke Avenue, Lakeville, MN 55044 952-9854400 .952-985-4499 fax www.lakevillemu.gov Hartman Well Company 308 East Main Street New Pjague, MN 56071 952-758-2202 PROPOSAL FORM CITY OF LAKEVILLE RITTER FARM DOG PARK, WELL INSTALLATION UNIT ITEM UNIT QUANTITY PRICE TOTAL PRICE SCHEDULE A: WELL INSTALLATION 4 inch Standard Well Installation 3/4 Submersible Pump ( 10 gpm) 1 inch Galvanized Drop Pipe 12/4 Submersible Wire Pressure Tank 4 Inch Pitless Unit I inch Waterline to Drinking Fountain Location Sampling Port Blow Out Line for Winterization Dakota County Permit: Notification, Testing City of Lakeville Electrical Permit TOTAL SCHEDULE A SCHEDULE B: ELECTRICAL AND ENCLOSURE INSTALLATION Electrical and Enclosure SCHEDULE B UNIT PRICING Secondary Electric Supply from Primary Transformer Pump Control Wiring Termination TOTAL SCHEDULE B ALTERNATE 1: 8 X 4 GROUTED WELL INSTALLATION 8 X 4 inch Grouted Well Installation Cement Grout 3/4 Submersible Pump (10 gprn) 1 Inch Galvanized Drop Pipe 12/4 Submersible Wire Pressure Tank 4 Inch Pitless Unit 1 inch Waterline to Drinking Fountain Location Sampling Port Blow Out Line for Winterization Dakota County Permit, Notification, Testing, Inspection City of Lakeville Electrical Permit FEET EACH FEET FEET EACH EACH FEET EACH EACH EACH EACH LUMP Sum FEET FEET FEET YDS EACH FEET FEET EACH EACH FEET EACH EACH EACH EACH 240 1 126 135 1 1 20 2 20 20 $ 23.00 5,520.00 $ 1250,00 1,250.00 $ 4.50 567.00 $ 2.2$ 303.75 $ 85000 % 850.00 $ 1,100.00 $ 1,100.00 10.00 $ 200,00 $ 2500 50.00 $ 50.00 50.00 1,100.00 695.00 $ 695.00 $ 45.0()1$ 45.00 ME] $ 6,r-5-00 6,255-00 25.00 500.00 $ 3.00 60.00 6,815-001 TOTAL BASE BID: $ 17,445 75 340 3 1 126 135 1 1 20 2 $ 24.00 6,160.00 $ 40000 1,200.00 1,250.00 1,250-00 4.50 $ 567.00 2.25 303.75 $ 850.00 850.00 $ 1,100.00 1,100.00 $ 10.00 $ 200.00 25.00 $ 50.00 50.00 50.00 695.00 695.00 45.00 $ 45.00 TOTAL ALTERNATE 1: 11 $ 14 470.75 TOTAL PR03ECT INCLUDING ALTERNATE 1 AND SCHEDULE B: $ 21 285.75 11 �G.{uenn Contractor Representative Name (pent) Title Signature l C) j Date