ITEM 4.2 DNR Pond 86-7W1 101
ly .1
Ot�ego
MINNESOTA 3
C,
DEPARTMENT INFORMATION
Request for
City Council Action
ORIGINATING DEPARTMENT
REQUESTOR:
MEETING DATE:
Public Works
City Engineer Wagner
November 27, 2017
PRESENTER(s)
REVIEWED BY:
ITEM #:
City Engineer Wagner
City Administrator/Finance Director
Flaherty
4.2
AGENDA ITEM DETAILS
RECOMMENDATION:
Staff recommends authorizing staff to approve the quote for the DNR Pond 86-7W Outlet project to CW
Houle Inc in the amount of $73,275 once all easements are obtained and a DNR permit is secured.
ARE YOU SEEKING APPROVAL OF A CONTRACT?
IS A PUBLIC HEARING REQUIRED?
Yes
No
BACKGROUND/J USTI F1 CATION:
The City is proposing constructing an outlet pipe for the DNR Pond 86-7W (Praught Pond) to DNR Pond 86-
8P to provide an outlet and flood relief for the virtually landlocked upstream pond. Plans and
specifications have been prepared as ordered by the City Council. Easements and DNR permits are in
process and are expected to be obtained shortly.
Quotes were sent to 5 contractors capable of completing the project. The City received two quotes prior to
the November 21't deadline.
The two quotes were:
CWHoule Inc. $73,275
Burschville Const. Inc. $99,676
Engineers estimate was $55,996 so the low quote exceeds the estimate by approximately 30%. The
increase appears to be mainly in the pipe which was 50% higher than the estimate and is approx. 50% of
the construction project by cost.
SUPPORTING DOCUMENTS ATTACHED:
0 CW Houle Quote
0 Burschville Quote
a Engineers Estimate
0 Project plans
POSSIBLE MOTION
PLEASE WORD MOTION AS YOU WOULD LIKE IT TO APPEAR IN THE MINUTES:
Motion to authorize staff to process the contract for the DNR Pond 86-7W Outlet project with CW Houle
Inc in the amount of $73,275 once all easements are obtained and a DNR permit is secured
BUDGET INFORMATION
FUNDING: r BUDGETED:
Fund #220 — Stormwater (Out of District) I No
QUOTATION FORM
To: City of Otsego
Project: DNR Wettand 86-7W Outlet Prcject� City Improvement Project No. 17-12
Proposal of: C, W H.0 1.1%4z = I., C.
(bereinafter called the "Quoter"), organized and existing under the laws of the State of t4 -es o �-,q and doing
business as 6% rL
The Quoter hereby proposes to perform all work for the construction of the above referenced Project in accordance with the attached Construction
Plans and Contract Documents. Work will be awarded on November 27th, 2017. Work may commence upon execution of signed contract
documents (approx. 5 days after award). Once work has started the project shall be completed within 30 working days with a final completion date
with final completion no later than January 15, 2018. All labor, material, equipment and other expenses required to complete this project as shown
on the ConstTuction Plans shall be considered incidental unless otherwise noted and provided for below.
Bidder agrees to perform all the work described in the Construction Plans and Contract Documents for the following unit prices and/or lump sums,
which include sales tax and other applicable taxes and fees,
ITEM,
NO.
Mn/DOT
SPEC.
NO. ITEM DESCRIPTION
ESTIMATED
QUANTITY
UNIT PRICE
—EXTENSION
1
2021.501 Mobilization
LS
3., sbb -
2
2211.501 Aggregate Base, Class 5
TON
7b
3
2501,511 18" CP Pipe Apron
2
EACH
SID
4
2503.511 18" CP Pipe
1396
LF
5
2506.501 Outlet Control Structure (48" Dia)
4
VF
6
2506.501 Construct Drainage Structure Deiiga 48-4020
41
W
Oka
AV
7
Articulated Interlocking Block Open Cell, Type A
8
Sy
-
jr,44,0-
.2515.503
2563,60i Traffic Control
I
LS
-8
2573.502 Silt Fence, Type MS
1045
LF
2.
At b9b
—9
10
2573.505 Flotation Silt Curtain Type Still Water
115
LF
4
11
2573.533 Sediment Control Log Typd Straw
151
LF
12
2575.555 Turf Establishment
I
Ls
4. SPD -1
4.j SAD
Total Qubtation
Respectfully submitted:.
Sig -off,
Attest: prw wdo%P!X�
Title :%7
Address
D ate
QF -1 00300
DOCUMENT 00454
RESPONSIBLE CONTRACTOR VERIFICATION AND
CERTIFICATION OF COMPLIANCE
PROJECT: DNR VVETLAND 86-7W OUTLET PROJECT
Minn. Stat. § 16C.285, Subd. 7. IMPLEMENTATION. ... any prime contractor or subcontractor that does not meet the
minimum criteria in subdivision 3 or fails to verify that it meets those criteria is not a responsible contractor and is not
eligible to be awarded a construction contract for the project or to perform work on the project...
Minn. Stat. § 16C.285, Subd. 3, RESPONSIBLE CONTRACTOR, MINIMUM CRITERIA. "Responsible contractor" means a
contractor that conforms to the responsibility requirements in the solicitation document for its portion of the work on
the project and verifies that it meets the following minimum criteria:
(1)
The Contractor:
(I) is in compliance with workers' compensation and unemployment insurance requirements;
(ii) is currently registered with the Department of Revenue and the Department of Employment and Economic
Development if it has employees, -
(iii) has a valid federal tax identification number or a valid Social Security number if an individual; and
(iv) has filed a certificate of authority to transact business in Minnesota with the Secretary of State if a foreign
corporation or cooperative.
(2)
The contractor or related entity is in compliance with and, during the three-year period before submitting the
verification, has not violated section 177.24, 177.25, 177.41 to 177.44, 181.13, 181.14, or 181.722, and has not
violated United States Code, title 29, sections 201 to 219, or United States Code, title 40, sections 3141 to 3148. For
purposes of this clause, a violation occurs when a contractor or related entity:
(i) repeatedly falls to pay statutorily required wages or penalties on one or more separate projects for a total
underpayment of $25,000 or more within the three-year period;
(li) has been issued an order to comply by the commissioner of Labor and Industry that has become final;
(111) has been issued at least two determination letters within the three-year period by the Department of
Transportation finding an underpayment by the contractor or related entity to its own employees;
(iv) has been found by the commissioner of Labor and Industry to have repeatedly or willfully violated any of the
sections referenced in this clause pursuant to section 177.27;
(v) has been issued a ruling or findings of underpayment by the administrator of the Wage and Hour Division of the
United States Department of Labor that have become final or have been upheld by an administrative law judge or
the Administrative Review Board; or
(vi) has been found liable for underpayment of wages or penalties or misrepresenting a construction worker as an
independent contractor in an action brought in a court having jurisdiction. Provided that, if the contractorror related
entity contests a determination of underpayment by the Department of Transportation in a contested case
proceeding, a violation does not occur until the contested case proceeding has concluded with a determination that
the contractor or related entity underpaid wages or penalties;*
Responsible Contractor Certificate
00454-1
(3)
The contractor or related entity is in compliance with and, during the three-year period before submitting the
verification, has not violated section 181.723 or chapter 326B. For purposes of this clause, a violation occurs when
a contractor or related entity has been issued a final administrative or licensing order;*
(4)
The contractor or related entity has not, more than twice during the three-year period before submitting the
verification, had a certificate of compliance under section 363A.36 revoked or suspended based on the provisions
of section 363A.36, with the revocation or suspension becoming final because it was upheld by the Office of
Administrative Hearingsorwas not appealed to the office;*
1
(5)
The contractor or related entity has not received a final determination assessing a monetary sanction from the
Department of Administration or Transportation for failure to meet targeted group business, disadvantaged
business enterprise, orveteran-owned business goals, due to a lack of good faith effort, morethan once cluringthe
three-year period before submitting the verification;*
* Any violations, suspensions, revocations, or sanctions, as defined in clauses (2) to (5), occurring prior to July 1,
2014, shall not be considered in determining whether a contractor or related entity meets the minimum criteria.
(6)
The contractor or related entity is not currently suspended or debarred by the federal government or the state of
Minnesota or any of its departments, commissions, agencies, or political subdivisions; and
(7)
All subcontractors that the contractor intends to use to per -form project work have verified to the contractor
through a signed statement under oath by an owner or officer that they meet the minimum criteria listed in clauses
(1) to (6).
Minn. Stat. § 16C.285, Subd. 5. SUBCONTRACTOR VERIFICATION.
A prime contractor or subcontractor shall include in its verification of compliance under subdivision 4 a list of all of its
first-tier subcontractors that it intends to retain for work on the project.
If a prime contractor or any subcontractor retains additional subcontractors on the project after submitting its
verification of compliance, the prime contractor or subcontractor shall obtain verifications of compliance from each
additional subcontractor with which it has a direct contractual relationship and shall submit a supplemental
verification confirming compliance with subdivision 3, clause (7), within 14 days of retaining the additional
subcontractors.
A prime contractor shall submit to the contracting authority upon request copies of the signed verifications of
compliance from all subcontractors of any tier pursuant to subdivision 3, clause (7). A prime contractor and
subcontractors shall not be responsible for the false statements of any subcontractor with which they do not have a
direct contractual relationship. A prime contractor and subcontractors shall be responsible for false statements by
their first-tier subcontractors with which they have a direct contractual relationship only if they accept the
verification of compliance with actual knowledge that it contains a false statement.
Minn. Stat. § 16C.28S, Subd. 4. VERIFICATION OF COMPLIANCE.
A contractor responding to a solicitation document of a contracting authority shall submit to the contracting authority a
signed statement under oath by an owner or off icerverifying compliance with each of the minimum criteria in subdivision
3 at the time that it responds to the solicitation document. A contracting authority may accept a sworn statement as
Responsible Contractor Certificate
00454-2
sufficient to demonstrate that a contractor is a responsible contractor and shall not be held liable for awarding a contract
in reasonable reliance on that statement. Failure to verify compliance with any one of the minimum criteria or a false
statement under oath in a verification of compliance shall render the prime contractor or subcontractor that makes the
false statement ineligible to be awarded a construction contract on the project for which the verification was submitted.
A false statement under oath verifying compliance with any of the minimum criteria may result in termination of a
construction contract that has already been awarded to a prime contractor or subcontractor that submits a false
statement. A contracting authority shall not be liable for declining to award a contract or terminating a contract based
on a reasonable determination that the contractor failed to verify compliance with the minimum criteria or falsely stated
that it meets the minimum criteria.
CERTIFICATION
By signing this document I certify that I am an owner or officer of the company, and I swear under oath that:
1) My company meets each of the Minimum Criteria to be a responsible contractor as defined herein and is in
compliance with Minn. Stat. § 16C.285,
2) 1 have included a First Tier Subcontractors List with my company's solicitation response, and
3) if my company is awarded a contract, I will also submit the Additional Subcontractors List as required.
Authorized Signature of Owner or Officer:
Printed Name:
P,�
sr�ve,, %,*J —
—
Title:
Date:
Company Name:
e W 14 al
Sworn to and subscribed before me this
V,
,%1— day of W 0 0 e MWt--, 201-1,
Notary Public
My Commission Expires: 0
9 LISA J PE-LLFE-TIItE-R
Notary Public
E NOTAIWIfffd"HERF
MWymomission Etres January 31,2020
NOT-: Minn. Stat. § 16C.285, Subd. 2, (c) if only one prime contractor responds to a solicitation document, a contracting
authority may award a construction contract to the responding prime contractor even if the minimum criteria in
subdivision 3 are not met.
Responsible Contractor certificate
004S4-3
FIRST-TIER SUBCONTRACTORS LIST
SUBMIT WITH PRIME CONTRACTOR PROPOSAL
PROJECT: DNR WETLAND 86-7W OUTLET PROJECT
Minn. Stat. § 16C,285, Subd. 5. A prime contractor or subcontractor shall include in its verification of compliance under
subdivision 4 a list of all of its first-tier subcontractors that it intends to retain for work on the project.
FIRST TIER SUBCONTRACTOR NAMES
(Legal name of company as registered with the Secretary of State)
Name of city where company home
office is located
MfJ
Responsible Contractor Certificate
00454-4
Burschville Construction, Inc.
PO Box 65
Hanover, MN 55341
Phone: 763-497-4242 Fax: 763-497-4266
Email: estimating@)burschvilleconstruction.com
Item
Storm Sewer Improvements
Mobilization
Dewatering (Estimated quantity using 2 - 8" pumps)
Traffic control
18" CPP Pipe Apron
18" CPP Pipe
18" RCP Flared end section
18" RCP Pipe CL S
48" Outlet control structure
Drainage structure 48-4020
Cable concrete
Silt fence Type MS
Flotation silt curtain
Straw sediment log
Turf establishment
Aggregate base CL S
Total Base Bid
Date: 11/21/2017
Proposal for:
DNR Wetland 86-7W Outlet
Project - Otsego, MN
This bid is based on Hakanson Anderson plan dated 1110212017.
All work based onfrost depth of 18" or less.
EXCLUSIONS:
Surveying & Staking
Permits
Inspection fees
Sodding
Blacktop & curb
Contract
Unit
Contract
Unit
Quanftv
Price
Amount
LS
1
$
750.00
$
7SO.00
DAY
2
$
3,000.00
$
6,000.00
LS
1
$
SOO.00
$
SOO.00
EA
1
$
3SO.00
$
3SO.00
LF
13S8
$
46.SO
$
63,147.00
EA
1
$
7SO.00
$
7SO.00
LF
32
$
6S.00
$
2,080.00
EA
1
$
3,7SO.00
$
3,7SO.00
VF
41
$
340.00
$
13,940.00
SY
8
$
160.00
$
1,280.00
LF
104S
$
1.8S
$
1,933.25
LF
115
$
1S.00
$
1,725.00
LF
151
$
3.2S
$
490.75
L S
1
$
2,500.00
$
2,SOO.00
T N
16
$
30.00
$
480.00
$
99,676.00
This bid is based on Hakanson Anderson plan dated 1110212017.
All work based onfrost depth of 18" or less.
EXCLUSIONS:
Surveying & Staking
Permits
Inspection fees
Sodding
Blacktop & curb
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