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HomeMy WebLinkAbout6.d. Receive Bids/Award Contract/Approve Encroachment Permit – Hawkins Sanitary Sewer Extension, City Project 438 4ROSE4O "SUMMARY CITY COUNCIL City Council Meeting: November 1, 2011 AGENDA ITEM: Receive Bids / Award Contract / Approve AGENDA SECTION: Encroachment Permit — Hawkins Sanitary Consent Sewer Extension, City Project 438 3 � ' PREPARED BY: Andrew J. Brotzler, PE, Director of P ,19 /. . GENDA NO. 6.61, Works / City Engineer ATTACHMENTS: Resolution; Bid Tabulation; Letter of Recommendation; Draft Encroachment APPROVED BY: Permit; Map 0a) RECOMMENDED ACTION: 1) Motion to Adopt a Resolution Receiving Bids and Awarding the Contract for the Hawkins Sanitary Sewer Extension, City Project 438. 3 1 2) Motion to Approve the Encroachment Permit with Koch Pipeline Company, LP and Authorize the Necessary Signatures. ISSUE: Receive bids and award the contract for the Hawkins Sanitary Sewer Extension, City Project 438. Execute Encroachment Permit with Koch Pipeline Company, LP. BACKGROUND: On Tuesday, October 25, 2011, bids for this project were received and read aloud publicly. After verification of bids received, the low bidder is C.W. Houle, Inc. in the amount of $172,812.00. All costs associated with this project will be funded by the developers, Origin to Destination. The Hawkins Sanitary Sewer Extension includes the extension of trunk sanitary sewer service from the existing Metropolitan Council Environmental Services (MCES) line to the Hawkins; Inc. site, with an option to extend it to the western limits of the Feed Products North, Inc. site. Since part of this work involves crossing an existing gas pipeline owned by Koch Pipeline Company, LP, the City is required to execute an Encroachment Permit with Koch before the work can commence. The City Attorney has reviewed the attached draft Encroachment Permit and has approved it for execution. a I SUMMARY: Staff recommends that Council adopt the attached resolution receiving the bids and awarding the contract for the Hawkins Sanitary Sewer Extension, City Project 438. Staff also recommends that Council approve t the Encroachment Permit with Koch Pipeline Company, LP and authorize the necessary signatures. G: \ENGPROJ \438 \20111101 CC Rec Bid- AwardContract- Approve Encroachment Agreement.docx f CITY OF ROSEMOUNT s f DAKOTA COUNTY, MINNESOTA RESOLUTION 2011 — c A RESOLUTION RECEIVING BIDS AND AWARDING CONTRACT FOR THE HAWKINS SANITARY SEWER EXTENSION CITY PROJECT 438 BE IT RESOLVED, by the City Council of the City of Rosemount, Minnesota, as follows: 1. All bids on construction of the Hawkins Sanitary Sewer Extension, City Project 438 are hereby received and tabulated. 2. The bid of C.W. Houle, Inc. in the amount of $172,812.00 for the construction of said improvements are in accordance with the plans and specifications and advertisement for bids, and is the lowest responsible bid and shall be and hereby is accepted contingent upon securing all necessary right -of -way. 3. Upon securing all necessary right -of -way and contingent upon the receipt of drainage and utility from all affected property owners, the Mayor and City Clerk are authorized and directed to enter into a contract with said bidder for the construction of said improvements for and on behalf of the City of Rosemount. 4. The City Clerk is hereby authorized and directed to return forthwith to all bidders the deposits made with their bids, except that the deposit of the successful bidder and the next two lowest bidders shall be retained until a contract has been executed. ADOPTED this 1st day of November, 2011. William H. Droste, Mayor ATTEST: Amy Domeier, City Clerk 3 A k WSB Engineering U Planning ;, Environmental i- Construction 701 Xenia Avenue South & Associates, Inc. Suite 300 Minneapolis, MN 55416 Tel: 763 - 541 -4800 • Fax: 763 - 541 -1700 October 25, 2011 Honorable Mayor and City Council City of Rosemount 2875 - 145 Street West Rosemount, MN 55068 Attn: Cindy Dorniden Re:' Hawkin "s Sanitary Sewer Extension City of Rosemount Project No. 438 WSB Project No. 1916 -46 Dear Mayor and Council Members: a Bids were received for the above - referenced project on Tuesday, October 25, 2011, and were opened and read aloud. A total of eight bids were received. The bids were checked for mathematical accuracy and tabulated. Please find enclosed 'the bid tabulation indicating the low bidder for the Grand Total Bid (Schedules A -B) as C. W. Houle, Inc., Shoreview, Minnesota, in the amount of $172,812.00. We recommend that the City Council,consider these bids and award a contract to C. W. Houle, Inc. based on the results of the bids received. Sincerely, WSB & Associates, Inc. c 420.610K-.' Phil Olson, PE Project Manager Enclosures 4 cc: Bryan Houle, C. W. Houle, Inc. Andy Brotzler, City of Rosemount Cindy Dorniden, City of Rosemount tsf Minneapolis T St. Cloud Equal Opportunity Employer ,BID'TAB,UIL /A`MI:O;N FSU,MMARY I PROJECT: Hawkins Sanitary Sewer Extension LOCATION: City of Rosemount Project No. 438` WSB PROJECT NO.: 1916 -46 Bids Opened: Tuesday, October 25, 2011 at 10:00 a.m. Contractor Bid Security (5 %) Grand Total Bid 1 C. W. Houle, Inc. X $172,812.00` 2 Minger Construction, Inc. X $180,725.20 3 Kuechle Underground, Inc. X $187,309.01 4 LaTour Construction, Inc. X $197,021.20 5 Ryan Contracting Co. X :$247,443.20 J 6 S. R. Weidema, Inc. X $256,150.50 7• Redstone Construction Co. Inc. X $318,235.30 8 Dahn Construction Company, LLC. X L______^$341,5116'00 J Engineer's Opinion of Cost $205,008.00 I hereby certify that this is a true a • correct . b lation of the bids as received on October 25, 2011. 111 to' „ Phil Olson, PE • Denotes corrected figure 3 i zN G:IENGPROJ14381Copy of 1916 -46 Bid Tab Summary Encroachment Permit IIKOCH. KOCH PIPELINE COMPANY, L.P. P.O. Box 2913, Wichita, Kansas 67201 -2913 ENCROACHMENT PERMIT ( "PERMIT ") By: KOCH PIPELINE COMPANY, L.P. (KPL) (hereinafter referred to as ; ' PERMITTER") - Permit Number: PERMITTEE: ;:.t -; Date:' Name: Address: fp Attention: Phone: - �r Fax: LEGAL DESCRIPTION OF PROPERTY LOCATION , ads DESCRIPTION OF PERMITTED FACILITY: (hereinafter referred to.as the "Permitted Facilities ") Crossing above pipelines with a minimum clearance of 24" or crossing shall be under pipelines if 24" clearance cannot be maintained at Tract What: dads. ,Where: '.. ry r Diagram: �x d ' - One Call' Ticket #„ This Permit: is granted'subject to the Conditions and`Special Provisions provided hereafter. CONDITIONS 1 1 The Permit herein; granted is subject ta'the existing easement ownership rights of Permittor. 2 Permittee will construct; maintain, relocate, and remove the °Permitted Facilities at no expense to Permittor. 3 Permittee covenants and agrees to notify or cause its representative to notify the appropriate state One -Call notification center as required by law, but in no event less than 48 hours prior to the commencement of excavation ar other construction, work iri Or near Permittor's easement area ( "Easement Area "). In addition, Permittee mat Permittor atdleast 48 hours before work commences on or near the Easement Area. No work shall take place without Permittor's staff tieing given the opportunity to be present at the specified worksite. Further, if Permittor determines that any proposed work may potentially cause an unsafe condition or damage to the Permittor facilities, Permittor shall have the authority to immediately prevent such work from being done by giving notice to Permittee. 4 Permittee shall supply such plans'surveys, and drawings as Permittor deems necessary. 5 This Permit shall be revocable by Permittor in the event of Permittee's noncompliance with any requirements, conditions, or specifications of this Permit, upon notice to Permittee and /or the owner of record. Should Permittor revoke this Permit, Permittee shall relocate and/or remove the Permitted Facilities at no expense or risk to Permittor. 6 To the fullest extent permitted by law, Permittee agrees to release, defend, protect, indemnify, and hold harmless Permittor, its parent company, partners, subsidiaries and any other related or affiliated entity, and 1 their respective officers, agents, directors, employees, and shareholders (collectively the "Indemnified Parties ") against any and all claims, liabilities, damages, demands, lawsuits, causes of action, strict liability claims, penalties, fines, administrative law actions and orders, expenses (including, but not limited to, attorney's fees and other costs of defense) and costs of every kind and character (collectively "Claims/Liabilities "), arising from or in any way connected to the installation, maintenance, repair, removal and/or presence of the Permitted t - I Facilities regardless of whether such harm is to Permittee, the Indemnified Parties or any other person or entity. The duty to release, defend, protect, indemnify and hold the Indemnified Parties harmless shall include, but not be limited to, Claims/Liabilities that result from the comparative, concurrent or contributing negligence of any person or entity including, but not limited to, the Indemnified Parties, except Permittee shall not be liable under this section for Claims/Liabilities resulting from the sole negligence of the Indemnified Parties. Permittee's duties under this section shall survive the termination, revocation, or expiration of this Permit. Nothing herein shall be deemed a waiver by Permitee of the limitations of liability set forth in Minnesota Statutes, Chapter 466. 7 Permittee agrees that Permittor may remove, at Permittee's expense, any Permitted Facilities or portion thereof, if in Permittor's judgment it is reasonably necessary to do so in order to construct, alter, maintain, repair, or replace Permittor's Facilities located within the Easement Area, or in order to construct or install new facilities. 8 Permittee agrees that it has the affirmative obligation to ensure that any corrosion control device or system utilized in connection with, or any condition, natural or artificial, created as a resultaf, the Permitted Facilities will be compatible with any device or system utilized by Permittor to control corrosion`on its facilities. In the event of such failure, Permittor will have the right to compel the discontinuance of the use' of Permittee's device or system, make such modifications to said device or system or correct any condition r cr'eated V as a result of the Permitted Facilities at Permittee's cost, risk and expense so as to ensure the compatibility of the Permitted Facilities with Permittor's corrosion control system. ; 9 All Permitted Facilities shall be constructed and maintained to comply with all laws aid industry standards. In addition, Permittee shall perform any requirements set forth in the Special Provisions section below. To the extent that any of the requirements set forth in the Special Provisions section conflict with or are more stringent than the requirements set forth in this Permit, the requirements set forth in Special Provisions shall have priority. '' 10 The permission herein granted by Permittor is limited to its intere and authority in the subject land and Permittee acknowledges the possible obligation to obtain' the required permission from other parties of interest or the local, state or federal government. Permittor permits the' Permitted Facilities only lo the extent it may do so by law. ri 4 a 11 Permittee accepts full liability Permittor's for any damage to P's facilities from; the placement, operation and/or maintenance of the Permitted Facilities. 12 Permittee covenants and agrees'that;it shall provide actual notice of the terms and conditions of this Permit and of Permittor's easement rights to all transferees` of all or any part of Permittee's interest in the applicable property. r� _ ' 13 Permittee„agrees» that the violation of any of, the terms ,iand conditions of this Permit would be irreparable and immediately harmful to Permittor and that Permittor shall be entitled to enforce the terms and conditions of this Permit through injunctive proceedings, specific performance or other equitable relief in addition to such other remedies as may be available at law or contractually. 14 Except to theextent prior written approval is' by Permittor, at no time will Permittee remove or permit the removal of the`'existing earth coveir from over the Permittor facilities such that Permittor would be in violation of any existing law, regulation or order. } .15 All covenants, warranties and agreements herein contained shall be deemed to be running with the land and shall extend to and be binding on the respective heirs, legal representatives, successors and assigns of the parties hereto. 16 The actual installation of the'Permitted Facilities must commence on or before and be completed in all respects within 180 days thereafter; otherwise, this Encroachment Permit shall be null and void. If this Encroachment Permit is terminated and if the Easement Area has been disturbed in any way by Permittee, it shall be restored to the pre- existing condition at no cost or expense to Permittor. Special Provisions: 1. Cover over the pipeline shall be maintained at current depth and no heavy equipment on pipeline when less than five feet (5') of cover exists. 2. Hand digging shall be utilized within two feet (2').of the pipeline. 3. Hand compaction is necessary up to ten feet (10') either side of the pipeline. 4. Pipelines shall be totally exposed if any part of the encroachment is installed by boring. 5. Permitted Facilities shall have a minimum clearance of 24" from the pipeline. { I a m Permittor's Main Contact: Koch Pipeline Company LP Permittor's Local Contact Name: Name: I Address: P.O. Box 64596, St. Paul, MN 55164 Address: Telephone: 651 -480 -3936 Telephone: Fax: 651- 480 -3827 Fax: Cell: 651- 769 -4824 Cell: In the event of an EMERGENCY: (Insert correct emergency number) 1- 800 - 688 -7594 The undersigned acknowledges a review of the Conditions, Requirements, and Special Provisions with a KPLrepresentative and agrees to the same. ; h SIGNED this day o£ r V , 20 11 PERMITEE: - , `' , B y: Printed Name: ? `` y ` Title: ' PERMITTOR: 44 a . ' KOCH PIPELINE COMPANY, L.P. ', ' By: Printed Name: 4z ° {i ° Ttle: PERMITTOR: x,`�. ' 4 ,,,3zt By: Printed Name :' - •, -P L,Tit1e: In the event that the Operations Area recommends recording the encroachment, the page hereafter shall serve for recording w purposes. r,, ,, ti ;.,. ' � k' ° ; � �':�� i i N'.., /\ 1 f t. 3 4 M1 5 1 L1 ,,, 7"7. ..— 1 7 I i ' dam. 4 tl' a,, u ' s. '''''',W `'4 •,4 ; >4 % r fie` kr . 1 ' 2 ;V M1-rr a 1 1 1 [ACKNOWLEDGMENT INSERTED FOR THE PURPOSE OF RECORDING] STATE OF § § COUNTY OF § This instrument was acknowledged before me on this day of , 2 by , the of , On behalf of said ;' ,Et'..,1 k NOTARY PUBLIC .t My Commission Expires: ;,, ; v a Y 'R --44: {' 4 4 . fib r i,, '2' ,, Y}";;- 4 tt. s' *-i } ' ;,. 5 ' IR STATE OF § 4 �'' § t COUNTY OF .� 4 1 % , ` } • .} ,c,:a 4 5 .. ° I` 1 t te a "' t 4 F y , .� r - �i ti . F �. R k . .� - ` .;��_ This instrument was acknowledged before me on this day of , 2 by ;;the `r -ik., of On behalf of said * w' ?°' w `p it- " - N -_ ' k<c <; k! ' ' NOTARY PUBLIC rA S "T`-, y 'k My Commission Exp ires: %ti a { J 3 ! ,x i 1 . Hawkins, Inc. Sanitary Sewer Extension ROSEMOLINT _ W. 'K 6_ •.'Tu P \ 1 ° 1 ......• ' 1 l ' --ii . ,T , . ,,,,,\ I � � I ss • 1 \\ f I \ t t a \ o D 1 #' 0 !I ,_ .1 1 . . „....,#_, . \I , . , ..... , , c ` oil ' 's I � F s 3 ! J q ty I w Q Z p I t. 1 I . , Z % v v ® 1 i W Q G 1 w .z '1 ED __ 'ter ., { °°� i �` / I o ,, 1, i 140TH 'ST E a I Lu l j \ I z 1 1 . I i I 145TH S EE GSAH 145TH ST E � 1 , ,_ I i S I I „.„.___, , 1 , 1 / ; . 0 875 1,750 3,500 5,250 7,000 1 Feet T: /GIS /City /Maps/Departmental Maps /Engineering /Chris /Location Map -438 September 2011 . a