Loading...
HomeMy WebLinkAboutItem 06.f Date: May 15, 2017 Item No. ACCEPTANCE OF BIDS ANDAPPROVAL OF A CONTRACT FOR THE PURCHASE OF RESIDENTIAL WATER METERS FROM FERGUSON WATERWORKS Proposed Action Staff recommends adoption of the following motion: Move to accept bids and approve a contract for the purchase of residential water meters with Ferguson Waterworks. Overview The City has an ongoing need for residential water meters to meet the requirement of both City code and state regulations for water resource management. The Utilities Division has a water meter change out program which replaces approximately 1,000 water meters each year and residential development throughout the City requires a varying number of water meters annually. The water meters being purchased are compatible with those previously installed and will not disrupt the City’s existing installation or billing processes. The water meters will contribute to the City’s migration from contract meter reading to a drive-by meter reading system. Purchase of water meters will occur over two fiscal years. An advertisement for bids was published on April 14, 2017 and bids were opened on May 3, 2017. One vendor submitted a bid for in response to the advertisement. That vendor met the specifications for the residential water meters. Unit pricing for the water meters shows a decrease in cost in comparison with 2016 prices. Staff recommends acceptance of the bids and award of the contract. Primary Issues to Consider • Are the meters compatible with the existing system? Yes, the water meters being purchased are the same meters, with the addition of an integrated radio, that we have purchased for several years. Supporting Information • A copy of the bid tabulation and contract is attached. Financial Impact: $546,000.00 Budgeted: Yes Source: 7606.6280 and others Related Documents (CIP, ERP, etc.): 2017 Adopted Budget Envision Lakeville Community Values: Good Value for Public Services Report Completed by: Neil Normandin, Public Works and Facilities Coordinator Feguson Enterprises, Inc. dba Ferguson Waterworks Yes 227.50 546,000.00 BID TABULATION PURCHASE OF RESIDENTIAL WATER METERS Bid Opening: Wednesday, May 3, 2017, 11:00 a.m. Vendor Bid Bond Unit Cost Total Bid CONTRACT FOR THE PURCHASE OF RESIDENTIAL WATER METERS THIS AGREEMENT made this 15th day of May, 2017, by and between the CITY OF LAKEVILLE, hereinafter referred to as the “City”, and FERGUSON ENTERPRISES, INC. DBA FERGUSON WATERWORKS, hereinafter referred to as the “Supplier”. THE CITY AND THE SUPPLIER, FOR THE CONSIDERATION HEREINAFTER STATED, AGREE AS FOLLOWS: 1. SCOPE OF SERVICES. The scope of services is detailed in the Contract Documents but generally consists of the purchase and delivery of residential water meters. The Supplier 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 document entitled “Contract for the Purchase Residential Water Meters”. B. Instructions to Bidders C. Technical Specifications D. Supplier’s Bid 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 "D" having the last priority. 3. OBLIGATIONS OF THE SUPPLIER. The Supplier agrees that the work contemplated by the Contract shall be fully and satisfactorily completed in accordance with the terms of the Contract Documents. 4. GENERAL COMPLIANCE. The Supplier agrees to comply with all applicable Federal, State, and local laws and regulations affecting the Contract or governing funds provided under the Contract. 5. PAYMENT. A. The City agrees to pay and the Supplier agrees to receive and accept payment in accordance with the prices quoted as set forth in the completed Bid Form. Payment to the Supplier shall be made based on deliveries and submission and approval of an invoice. B. Payments to Subcontractor. Pursuant to Minn. Stat. § 471.25, Subd. 4a, the Supplier must pay any subcontractor within ten (10) days of the Supplier’s receipt of payment from the City for undisputed services provided by the subcontractor. The Supplier must pay interest of 1½ percent per month or any part of a month to the subcontractor on any undisputed amount not 2 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 Supplier shall pay the actual penalty due to the subcontractor. 6. INDEMNIFICATION. A. The Supplier shall defend, indemnify, 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 Supplier employee or to any employee of Supplier’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 Supplier 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 Supplier, or Supplier’s subcontractors, agents, employees or delegates. B. Supplier 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 Supplier, its subcontractors, agents, employees or delegates. Supplier 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 Supplier to furnish a written acceptance of tender of defense and indemnity from Supplier’s insurance company. Supplier will take the action required by City within fifteen (15) days of receiving notice from City. 7. 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. 3 B. No action or failure to act by the City or the Supplier 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. 8. GOVERNING LAW. The Contract shall be governed by the laws of the State of Minnesota. 9. INSURANCE. Prior to commencing work on the Contract, the Supplier shall furnish the City a certificate of insurance. The Supplier shall furnish and maintain during the project such public liability and property damage insurance as shall protect Supplier 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 Supplier or by an subcontractor or anyone directly or indirectly employed by either of them and the amounts of insurance shall be as follows: Worker’s Compensation – as provided in the applicable law. Employer’s Liability Bodily Injury by Disease per employee - $500,000 Bodily Injury by Disease aggregate - $500,000 Bodily Injury by Accident - $500,000 Commercial General Liability Personal Injury per occurrence - $1,000,000 Property Damage per occurrence - $1,000,000 The following coverages shall be included: • Premises, Operations, Bodily Injury and Property Damage • Personal and Advertising Injury • Blanket and Contractual Liability • Products and Completed Operations Liability Business Automobile Liability: Combined single limit - $1,000,000 The following coverages shall be included: • Owned/leased vehicles • Non-owned vehicles • Hired vehicles Blanket contractual (hold harmless) protection; and fire, theft and vandalism insurance, for the full value of all materials and equipment 4 furnished by the Bidder shall be provided until the complete contract is formally accepted. All insurance policies (or riders) required by this Agreement shall: Be 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, Contain a provision that the insurer shall give thirty (30) days written notice of cancellation or in the case of non-payment of premium, at least ten (10) days written notice, Name Provider as an insured party and City as an additional insured with respect to General Liability, Auto Liability, and Pollution Liability policies on a primary and non-contributory basis, Be in accordance with specifications approved by the insurance advisory for City, and 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 endorsements showing the City named as additional insured on a primary and non-contributory basis. 10. PERFORMANCE AND PAYMENT BONDS. Performance and payment bonds are not required. 11. TERM. The term of this Contract shall begin on or about May 15, 2017 and end on May 31, 2018, both dates inclusive, unless sooner terminated as hereinafter provided. 12. SUPPLIES, EQUIPMENT, AND INCIDENTALS. The City and Supplier agree that the Supplier shall furnish any and all supplies, equipment, and incidentals necessary for Supplier’s performance of this Contract. 13. TERMINATION WITHOUT CAUSE BY CITY. The City reserves the right to terminate Supplier at will immediately without cause at any time within the term of this Contract. In the event of such termination, the City shall provide Supplier written notice of termination and upon receipt of same, Supplier shall immediately cease and desist Supplier’s provision of services under this Contract and City shall have no further obligation under this Contract to pay any further compensation to Supplier except for compensation due and owing for services prior to Supplier’s receipt of the written notice of termination. 14. INDEPENDENT SUPPLIER. City and Supplier agree that Supplier, 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 Supplier and not an officer, employee, or agent of the City. City and Supplier further agree that Supplier shall not at any time or in any manner 5 represent that Supplier or any of the Supplier’s agents or employees are in any manner agents or employees of the City. City and Supplier further agree that Supplier shall be exclusively responsible under this Contract for Supplier’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, or taxes are required to be paid by law or regulations. 15. WRITTEN NOTICE OR OTHER CORRESPONDENCE. Any written notice or other correspondence to be provided by or between the City and the Supplier 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 SUPPLIER: Ferguson Waterworks 1694 91st Avenue NE Blaine MN 55449 16. WAIVER OF DEFAULT. Any waiver by City of a default under the provisions of this Contract by Supplier shall not operate or be construed as a waiver of a subsequent default by the Supplier. No waiver shall be valid unless in writing and signed by the Mayor and the City Administrator on behalf of the City. 17. NO ASSIGNMENT OR SUBCONTRACTING. The City and Supplier agree that the services to be rendered by the Supplier under this Contract are unique and personal. Accordingly, the Supplier may not assign or subcontract out any of the Supplier’s rights or any of the Supplier’s duties or obligations under this Contract. 18. 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. 19. DATA PRACTICES/RECORDS. The Supplier agrees to comply with the Minnesota Government Data Practices Act (Minnesota Statutes, Chapter 13) and all other applicable state and federal laws relating to data privacy or confidentiality. The Supplier and any of the sub- contractors and suppliers retained by the Supplier to provide work or services under this Contract shall comply with the Act and be subject to penalties for non- compliance as though they were a “government entity”. The Supplier must immediately report to the City any requests from third parties for information relating to this Contract. The City agrees to promptly respond to inquiries from 6 the Supplier concerning data requests. The Supplier agrees to hold the City, its officers, and employees harmless from any claims resulting from the Supplier’s unlawful disclosure or use of data protected under state and federal laws. All Bids shall be treated as non-public information until the Bids are opened for review by the City. At that time, the names of the responders become public data. All other data is private or nonpublic until the City has completed negotiating the Contract with the selected Supplier. At that time, the Bids and their contents become public data under the provisions of the Minnesota Government Data Practices Act, Minnesota Statutes, Chapter 13 and as such are open for public review. 20. WARRANTY. The Supplier 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. 21. 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 Supplier shall proceed with the work involved. Changes in the Contract Price shall be based on the Bid Unit Prices. 22. INSPECTION OF RECORDS. Pursuant to Minnesota Statutes, Section 16C.05, all Supplier records with respect to any matters covered by this Contract shall be made available to the City and the State of Minnesota, Office of State Auditor or their designees, upon notice, at any time during normal business hours, as often as the City deems necessary, to audit, examine, and make excerpts or transcripts of all relevant data. Supplier will comply with all State and local audit requirements. 23. 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. 24. DISCRIMINATION. Supplier 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 Supplier, material supplier 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 Supplier, material supplier, 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 7 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. 25. BACKGROUND CHECKS. The City may require criminal history background checks of the Supplier’s employee’s for purposes of access to City facilities. The City reserves the right to deny access to City facilities to those Suppliers or Supplier’s employees that it deems inappropriate. CITY OF LAKEVILLE SUPPLIER: FERGUSON WATERWORKS BY: BY: Douglas P. Anderson, Mayor AND: ITS: Charlene Friedges, City Clerk