The URL can be used to link to this page

4.7. SR 08-21-2017 Eclty1� ,.,�� Request for Action River To Item Number Mayor and City Council 4.7 Agenda Section Meeting Date Prepared by Consent August 21, 2017 Tim Sevcik, Park Superintendent Item Description Reviewed by Dave Anderson Athletic Complex Irrigation Michael Hecker, Parks and Recreation Director Contract Reviewed by Cal Portner, City Administrator Action Requested Approve,by motion, contract services with Great Northern Landscapes,Inc. for installation of a new irrigation system at the Dave Anderson Athletic Complex. Background/Discussion The 30-year old irrigation system at the Dave Anderson Athletic Complex has completed its useful life and is in need of replacement. Staff worked with designer for a new irrigation system and submitted specifications to vendors for quotes. The following quotes were received: Great Northern Landscapes $81,750 Care Free Sprinklers $83,265 Peterson Companies $84,690 Installation of the new irrigation system would commence October 22, 2017,with substantial completion by December 1, 2017. Depending on weather conditions, final project completion may be delayed until the spring of 2018 to reestablish turf in disturbed areas. No impacts to youth football are anticipated, though minor impacts to adult softball may occur in late October dependent weather conditions and rescheduled games. Financial Impact General Fund Excess Fund Balance$81,750 Attachments ■ Quotes The Elk River Vision A PehoMing community 2a itb revolutionary and spirited resourcefulness, exceptional POWERED By service, and community engagement that encourages and inspires prosperity INAWRE1 :ƵůǇϮϭ͕ϮϬϭϳ ZĞ͗ĂǀĞŶĚĞƌƐŽŶƚŚůĞƚŝĐŽŵƉůĞǆ ƚƚŶ͗dŝŵ^ĞǀĐŝŬ͕ dŝŵ͗ WůĞĂƐĞĂĐĐĞƉƚŽƵƌďŝĚĨŽƌƚŚĞŝƌƌŝŐĂƚŝŽŶƉŽƌƚŝŽŶŽĨƚŚĞĂďŽǀĞŵĞŶƚŝŽŶĞĚƉƌŽũĞĐƚ͘KƵƌďŝĚŝŶĐůƵĚĞƐĂůů ŵĂƚĞƌŝĂůƐ͕ůĂďŽƌĂŶĚĂƉƉůŝĐĂďůĞƚĂǆĞƐ͘ /ƌƌŝŐĂƚŝŽŶͲΨϴϭ͕ϳϱϬ dŚĂŶŬǇŽƵ͕ DŝƚĐŚtĞƚƚƐĐŚƌĞĐŬ !""#$%& !& &'& !(& %! )' %! !*+' !,-+.,&+&! /- +&+0 1% ! " ! !# !# ! ! $% & ! # '''''''''''''''''''( )*+,*") - '''''''''''''''''''. / !"### $%&''((# 8326 WYOMING TRAIL CHISAGO CITY , MN 55013 (P) 651.257.6864 (F) 651.257.3393 PETERSONCOMPANIES.NET An Affirmative Action, Equal Opportunity Employer July 24, 2017 Dave Anderson Athletic Complex City Of Elk River Tim Sevcik RE: irrigation proposal Tom, The following is what is included to install all landscaping and irrigation project. Irrigation: - Mobilization and management to complete the project - Delivery of all material to the site - First year winterization and startup of the system - One-year warranty on all irrigation materials - Irrigation Total: $84,690.00 All proposals exclude subcontractor bonds, bond fees, specialty insurance and workforce or business inclusion goals unless so indicated. Please feel free to contact me with any questions you may have. We appreciate the opportunity to provide you with this proposal and look forward to working with you on this project. Sincerely, Ryan Potvin Operation Manager 651-257-0308 (direct) 612-366-7175 (cell) 13065 Orono P Elk River, MN 763.635.1000 www.ElkRive The City o Complex no longer Please su tsevcik@e City of Elk Parks and Att. Tim S 19000 Pro Elk River, 1.01 GEN This spec drawings, undergrou Piping, ba electrical 1.02 WO 1.03 SUB Parkway N 55330 Phon erMN.gov of Elk River is located at 13 functional an ubmit quotes n elkrivermn.go k River d Recreation Sevcik octor Road MN 55330 NERAL cification is to the contracto und irrigation ackflow preve connections, RKMANSHIP A. The w profes standa B. Bidder installi C. Contra project BMITTALS A. Shop D recom locatio ne: s seeking quo 300 Orono R nd requires co no later than ov or by mail t Department be used in co or is to provid system includ ntion device, connections P AND QUALI ork will be do sional manne ards of state, r/Contractor s ng undergrou actor and/or s ts of the spec Drawings: Th mended irriga on of all pipes otes for the ins oad NW, Elk omplete repla Monday, July to: onjunction wit de material an ding, but not l sprinkler hea to mains, and IFICATIONS one by an exp er in strict com and local cod shall submit e und irrigation subcontractor cified type of s he Irrigation C ation design b , fittings, valv stallation of a River, MN 55 cement. y 24, 2017.Q th the attache nd installation limited to, the ads and nozzl d all necessar perienced, qua mpliance with des. vidence of no systems. must provide system. Refe Contractor sha based on the ves, etc. shal an irrigation sy 5330. The ex Quotes may b ed design and of a complet e following: les, valves, co ry accessorie alified contrac safety requir ot less than fiv e at least thre erences must all be respons proposed pla l be indicated ystem for the xisting 30 yea e sent via em d detail sheet. te, automatica ontrollers, co es. ctor and will b rements presc ve years expe e (3) referenc t be of similar sible for provi anting design d based on th Dave Anders r old irrigation mail to . Where indic ally controlled ntrol wiring, fi be performed cribed in curre erience in pro ces of comple r size and sco iding shop dra . Quantity, ty e specificatio son Athletic n system is cated on the d, ittings, in a ent oviding and eted ope of work. awings of ype and ons herein. B. All materials of every description are to be furnished exactly as specified and shall be new and of the best quality and grade obtainable. The Irrigation Contractor, before beginning work herein specified shall submit to the Landscape Architect/Irrigation Designer for approval: Manufacturer’s technical product data and installation instructions; and Three (3) sets of material submittals, bound and indexed for all irrigation system materials and products to be furnished. If the Irrigation Contractor requires more than one (1) copy of submittal returned, the initial submittal shall be increased by the appropriate number. Material submittals shall include, but are not limited to, the following: 2.01 ACCEPTABLE MANUFACTURERS A. Manufacturer a. Hunter Industries b. Weathermatic Controls 2.02 MATERIALS A. Irrigation Controller: a. The controller shall be an Weathermatic Sl1600 2-Wire controller and decoders. Irrigation controller must be equipped with cellular communication. ( Contact Central Turf and Irrigation Supply for questions) b. The controller shall have the capabilities to function with a flow-meter. B. Mainline, Lateral Lines & Sleeving: a. All mainlines shall be PVC Class 200. i. Mainline 3” and larger shall be manufactured with bell ends and gaskets. ii. All mainline Class 2” and smaller shall be manufactured with bell ends and will be solvent welded. iii. All pipe sizes to be indicated on the drawing. b. All Laterals shall be PVC Class 160. i. Laterals 1.25” and smaller may be substituted from Class 200 PVC to 100 psi rated Poly pipe. c. All Sleeving shall be PVC Class 200. d. All electrical sleeving shall be PVC Schedule 40 Grey Electrical Conduit conforming to ASTM D 2241 and be sized as indicated on the drawings. C. Pipe Fittings a. All mainline fittings 4” and larger shall be Ductile Iron manufactured with Gaskets. b. All mainline fittings from 2.5” to 3” shall be Schedule 40 manufactured with Gaskets. c. All mainline fittings 2” and smaller shall be Schedule 40 solvent weld. D. Remote Control Valves: a. The valves shall be Hunter ICV Series Valves. Reference design for actual part number, or approved equal as accepted by irrigation designer. b. All remote control valves are to be connected to the mainline by schedule 80 fittings consisting of threaded nipples and threaded elbows. No solvent weld fittings or schedule 40 male adaptors will be allowed. E. Sprinkler Heads: a. Pop-up Spray Heads: i. The sprinklers for all turf areas shall be matched precipitation nozzles; Hunter Pros spray 4-inch heads with matched precipitation nozzles. Reference design for actual part number, or approved equal as accepted by irrigation designer. b. Pop-up Turf Rotor Heads: i. The sprinkler shall be a Hunter I-25 rotor. Reference design for actual part number, or approved equal as accepted by irrigation designer. F. Quick Coupling Valves: a. Valves: i. The quick coupling valve shall be a one-piece type, constructed of heavy cast brass. ii. The cover shall be a durable, protective self-closing rubber cover. iii. The quick coupler valve shall be a Hunter HQ-44RC 1” Quick Coupling Valve; Rainbird 5-RC 1” Quick Coupling Valve. Reference design for actual part number, or approved equal as accepted by irrigation designer. b. Keys: i. The valve shall be opened and closed by a single lug brass key with a detachable handle of the same manufacturer having a 3/4" inch MNPT. ii. The quick coupler key shall be a Hunter KH-44; Rainbird 55-K iii. Provide a minimum of two keys per system. c. Swivel Hose Ell: i. The swivel hose ell shall be of heavy bronze construction, connected to the key for hose connections. ii. The swivel hose ells shall be 1-inch FIPT x 3/4-inch Male Hose Threads. iii. The hose swivel shall be as manufactured by the Toro; Hunter; Rainbird. iv. Provide a minimum of two swivels per system. G. Control Wire & Grounding: a. Control wiring for a conventional controller shall be 24 volt solid wire U.L. approved for direct burial. i. Control wiring for a two-wire decoder controller shall be a polyethylene double jacketed two-conductor solid core designed for direct burial with insulation 3/16 inch think, high density, sunlight resistant incased in an outer jacket of polyethylene. ii. All wire splices shall be made with 3M DBR or DBY direct bury splice kits. H. Backflow Prevention Device: a. The backflow prevention device shall be as specified in this section unless local codes allow for a double check valve assembly. The backflow prevention device shall: i. Be a reduced pressure principle type suitable for supply pressure up to 175 psi and water temperatures up to 180qF. ii. Have a bronze body construction. It shall utilize silicon rubber for drip tight disc material in the first and second check valves plus the relief valve. iii. Be constructed with NPT body connections and have ball type test cocks. iv. Have quarter run, full port, resilient seated bronze ball valve shut-offs. v. Consist of a pressure differential relief valve located in a zone between two positive seating check valves. vi. Have all access ports covers secured with stainless steel screws which are bolted to the valve body. vii. Have suitable connections for an air gap. viii. Meet all the requirements of ASSE Standard 1013; AWWA Standard C506, FCCCHR USC Manual, Section 10. ix. Only RPZ/DCV devices approved by the applicable Health Department will be acceptable. Plans and installation must conform to the applicable Water Authority's Cross Connection Control Booklet. I. Rainfall Sensor: a. Provide a rainfall sensor to shut the system off during substantial rainfall. The rainfall sensor shall be a SLW5 Weaterstation or approved equal as accepted by irrigation designer. J. Winterization Assembly: a. If shown on the design, a winterization assembly will be installed downstream of the backflow prevention device. i. The winterization assembly shall include an Isolation Valve that is to be brass or ductile iron that is line-sized with the mainline. Valves can be manufactured by Matco or Nibco. ii. A quick coupler shall be used that is downstream of the isolation valve. This is to be mounted on a schedule 80 or Brass 1x6-inch TBE – Threaded both ends nipple. Quick coupler is to be a 100 Series 1” Quick Coupling Valve or approved equal as accepted by irrigation designer. 3.01 INSTALLATION A. Summary: a. Stake locations of each sprinkler in accordance with the plans. b. If discrepancies in the plan become apparent at this time, point out the discrepancy to the Owner's representative. c. Do not proceed with the work until the necessary design engineering changes have been made and approved by the Owner's representative. d. Install sprinkler system equipment with necessary hardware in accordance with the drawings and the manufacturer's instructions and as specified herein. e. Verify system design pressures prior to installation. B. Pipe Laying: a. Minimum cover over mains and control valves is 18" below finish grade. Minimum cover over laterals is 12". b. Minimum of 3" separation between parallel pipes in the same trench. Hold pipe securely in place while joint is being made. c. Rest full length of each pipe section firmly on bedding, excavating recesses to accommodate joints. d. Avoid trench heating electric ducts, storm and sanitary sewer lines, existing water and gas mains, all of which have right-of-way. e. Maintain a minimum separation of 2' from other utilities parallel to irrigation pipes. Sprinkler sections shall drain to the manual drain valve placed at the low point in the section. f. Sand or fine-grained soils should be used for cover to a sufficient depth to prevent damage to the pipe from rocks or other debris in backfill during the compacting operation. g. Do not cut sidewalk, drives, or curb during trenching for piping. h. Use PVC sleeves under paved areas where possible; otherwise, auger bore or tunnel. Repair damaged paved surfaces during guarantee period. i. Cover and protect open pipe ends, fixtures, and equipment from dirt, water, and chemical or mechanical damage during installation. j. AT completion of work, thoroughly clean fixtures, exposed materials, and equipment. C. Laying Plastic Pipe: a. Snake in trench at least 1 foot per every 100 feet to allow for thermal expansion. b. Socket type fittings: Solvent weld by applying PVC primer to both pipe and fitting. Apply solvent to both pipe and fitting, twisting pipe a minimum of 1/4 turn as pipe is inserted to fitting to insure a uniform coverage of the solvent. c. Thread type fittings: Virgin liquid teflon lubricant or teflon tape all male thread components. D. Install Sprinkler Heads: a. Install pop-up spray heads and pop-up rotary heads flush with finish, settled grade. b. Place part circle heads no closer than 1 inch from edge of paved areas and no further than 4 inches from edge of paved areas. c. All sprinkler heads shall be installed with swing joints or Rainbird swing pipe and fittings or Toro funny pipe and fittings to allow for adjustment of the head and finish grade settling. i. A swing pipe assembly shall consist of a minimum of 12 inches of swing pipe with fitting adapters at each end threaded into the circuit pipe fitting at one end and into the head at the other end. ii. A swing joint assembly shall consist of two street ells joined at one end of a 1/2-inch x 12 inch PVC Schedule 80 nipple and one street ell attached to the other end and threaded into the circuit pipe fitting. E. Wiring: a. All wire runs should be installed with no splices between the controller and the remote control valves. If splices must be utilized, they should be kept to the minimum number possible. b. All splices at the control valves shall be installed with appropriate electrical splice connection protection. c. All splices at locations other than the control valves shall be installed with appropriate electrical splice connection protection and installed in a 6 inch round box for ease of locating. d. Splices shall be 3M Company, DBR & DBY Connectors for conventional controllers and DBR-6 & DBY-6 Connectors for Two-wire controllers. e. Provide 12" expansion loops in wiring at each wire splice (other than the remote control valve) and at each change of wire direction. f. Provide a 24" expansion coil for each wire at each remote control valve and where each wire enters the controller conduit. Each 24" expansion coil shall consist of 6' of wire coiled around a 1/2" piece of pipe resulting in a 24" long coil. g. Control wiring shall be run into the controller in a separate conduit from all power supply wiring and at least 10 inches apart if both are run in the same trench. F. Setting of Valves: a. All valves, quick coupler, master and electric remote control shall be located in the landscaped planter areas. In no case shall a valve be located beneath a paved surface. b. Master and electric remote control valves shall be installed in a level position only. c. Master and electric remote control valves shall be installed in a minimum 11" x 16" or larger plastic, rectangular, marked valve box. In no case shall more than one electric remote control valve be installed in one box unless a large, 18" x 24" or larger rectangular valve box is used. d. Quick coupler valves shall be installed in a 6" round plastic valve box with the top of the quick coupler valve as close as possible to finish grade as the valve box installation will allow. e. A minimum 2 cubic foot gravel pit shall be installed under each master, electric remote control valve, and quick coupler valve with the top surface of the gravel pit at least 2" below the bottom of the valve. f. A master valve shall be installed immediately after the backflow preventer to allow pressurization of the irrigation system only when the controller cycles to operation the irrigation stations. The master valve shall be the same size as the main line as indicated on the irrigation plans. The master valve shall be energized by the master valve circuit located in the controller. G. Sleeving: a. Furnish and install PVC sleeving where control wires or pipe pass under paved surfaces as follows: i. Of adequate size to allow retrieval for repair. ii. Extend 12" beyond the end of paving at each end. iii. Have a 4" bed of sand backfill above pipe. iv. Have a minimum of 30" of cover from finish grade. v. Install permanent bench mark in curb for reference to all sleeve locations. 3.02 TEST AND FLUSHING A. Following installation, make final adjustments of lawn irrigation system preparatory to Owner's representative's final inspection: a. Flush system completely to remove debris, with nozzle removed. b. Verify sprinkler operation and alignment for the direction of throw. c. Check pop-up spray nozzling for proper arc of spray. d. Determine whether uniform distribution exists over all areas. B. Following final adjustment, operate the entire installation to demonstrate the complete and successful operation of all equipment. 3.03 WARRANTY A. The irrigation system shall be warranted for a period of one year from the time of acceptance, for parts and labor by the installing contractor. This warranty shall be bonded and written to the Owner for both the warranty and the maintenance as outlined in the maintenance section. B. The irrigation system equipment shall be warranted by the manufacturer for a period of three years from the date of installation, provided the system has been installed with all its equipment manufactured by one manufacturer. The only exception to this requirement are the electric remote control valves which shall be warranted for a period of 5 years by the manufacturer. 3.04 OPERATION AND MAINTENANCE A. Maintenance: a. Provide one hour operating instructions for Owner's representative prior to final acceptance. b. Provide on-job site consultation with Owner's operating personnel for 1 month, not to exceed 2 hours per month, at no charge to the Owner. Any consultation work beyond this time limit shall be billed to the Owner on a time and materials basis. This extra consultation must be approved by the Owner's representative before said consultation shall begin. c. A one year maintenance program with the property owner shall be included with the installation contract. This shall include all labor and materials to perform the following: i. Spring start-up of the system as soon as weather permits in the spring. Spring start-up shall include, but is not limited to, setting of the controller for proper operation, turning on water supply (if it has been turned off), and all the components that were winterized (backflow valve, etc.), close all the manual drain valves, check all valves and heads for proper operation and adjustment. ii. Monthly checks of the system for proper operation and adjustment through the growing season. iii. Winterize the system in the fall, after the irrigation season is over and before the first major freeze. Winterizing includes, but is not limited to, draining system and/or compressed air blow-out of the system (air pressure not to exceed the working pressure of the system), setting the controller for winter operation, checking exposed components (backflow preventer, etc.) for potential freeze damage, and draining all the manual drain valves. Winterizing may also include items not included in these specs but are usually included in winterizing programs in the local area. B. Record Drawings and Controller Chart: a. Maintain a complete set of up-to-date as-built drawings. b. Prepare a controller chart: i. Showing the location of all sections, valves, lateral lines, and routes of control wires. ii. Identify all valves as to size, station number, and type of irrigation head on each valve. iii. Showing each station's area of coverage using a color coding, each station having a different color shading its area of coverage. iv. Laminated between two pieces of plastic laminate. v. Complete and receiving approval prior to final inspection of the irrigation system. 4.01 SITE RESTORATION AND CLEAN-UP A. Site Restoration a. Contractor shall be responsible to restore natural grades to athletic field playing surfaces in all disturbed areas. i. Restoration of turf areas shall consist of replacing native soils to all disturbed areas (valve boxes, etc.). Dirt shall be raked and leveled with natural grade and compacted to existing soil conditions. ii. Disturbed turf areas shall be overseeded with an athletic field seed mix and raked to ensure seed to soil contact. iii. Disturbed ag-lime surfaces shall be restored with a minimum 4 inches of ag- lime reclaimed from the project site and compacted to existing soil conditions. B. Site Clean-up a. Contractor shall clean the working area each day and shall remove all trash and waste materials, and shall maintain the property in a neat and orderly condition throughout the work. b. At the time of completion of the work, the contractor shall remove all waste materials, rubbish and debris from the premises as well as all tools, construction equipment and machinery, temporary facilities, and surplus materials. Contractor shall leave the property clean and ready for occupancy by the city. 5.01 INSURANCE A. General Liability. Prior to starting the Work, Consultant shall procure, maintain and pay for such insurance as will protect against claims for bodily injury or death, or for damage to property, including loss of use, which may arise out of operations by Consultant or by any subcontractor or by anyone employed by any of them or by anyone for whose acts any of them may be liable. Such insurance shall include, but not be limited to, minimum coverages and limits of liability specified in this Paragraph, or required by law. The policy(ies) shall name the City as an additional insured for the services provided under this Agreement and shall provide that the Consultant’s coverage shall be primary and noncontributory in the event of a loss. B. Consultant shall procure and maintain the following minimum insurance coverages and limits of liability on this Project: Workers Compensation Statutory Limits Employer’s Liability $500,000 each accident $500,000 disease policy limit $500,000 disease each employee Comprehensive General Liability $1,500,000 property damage and bodily injury per occurrence $2,000,000 general aggregate $2,000,000 Products – Complete Operations Aggregate $100,000 fire legal liability each occurrence $5,000 medical expense Comprehensive Automobile Liability $1,000,000 combined single limit each accident (shall include coverage for all owned, hired and non-owned vehicles. Umbrella or Excess Liability $1,000,000 C. The Comprehensive General/Commercial General Liability policy(ies) shall be equivalent in coverage to ISO form CG 0001, and shall include the following: a. Premises and Operations coverage with no explosions, collapse, or underground damage exclusion (XCU). b. Products and Completed Operations coverage. Consultant agrees to maintain this coverage for a minimum of two (2) years following completion of its work. Said coverage shall apply to bodily injury and property damage arising out of the products- completed operations hazard. c. Personal injury with Employment Exclusion (if any) deleted. d. Broad Form CG 0001 0196 Contractual Liability coverage, or its equivalent. e. Broad Form Property Damage coverage, including completed operations, or its equivalent. f. Additional Insured Endorsement(s), naming the “City of Elk River” as an Additional Insured, on ISO form CG 20 10 07 04 or such other endorsement form as is approved by the City. g. If the Work to be performed is on an attached community, there shall be no exclusion for attached or condominium projects. h. “Stop gap” coverage for work in those states where Workers’ Compensation Insurance is provided through a state fund if Employer’s liability coverage is not available. i. Severability of Insureds provision. D. Professional Liability Insurance. The Consultant agrees to provide to the City a certificate evidencing that they have in effect, with an insurance company in good standing and authorized to do business in Minnesota, a professional liability insurance policy. Said policy shall insure payment of damage for legal liability arising out of the performance of professional services for the City. Said policy shall provide an aggregate limit of $2,000,000. Said policy shall not name the City as an insured. E. Consultant shall maintain in effect all insurance coverages required under this Agreement at Consultant’s sole expense and with insurance companies licensed to do business in the state in Minnesota and having a current A.M. Best rating of no less than A-, unless specifically accepted by City in writing. In addition to the requirements stated above, the following applies to the insurance policies required under this Paragraph: a. All policies, except the Professional Liability Insurance policy, shall be written on an “occurrence” form (“claims made” and “modified occurrence” forms are not acceptable); b. All policies, except the Professional Liability Insurance policy, shall be applied on a “per project” basis; c. All policies, except the Professional Liability Insurance and Worker’s Compensation Policies, shall contain a waiver of subrogation naming “the City of Elk River”; d. All policies, except the Professional Liability Insurance and Worker’s Compensation Policies, shall name “the City of Elk River” as an additional insured; e. All policies, except the Professional Liability Insurance and Worker’s Compensation Policies, shall insure the defense and indemnity obligations assumed by Consultant under this Agreement; and f. All policies shall contain a provision that coverages afforded thereunder shall not be canceled or non-renewed, nor shall coverage limits be reduced by endorsement, without thirty (30) days prior written notice to the City. F.A copy of the Consultant’s Certificate of Insurance which evidences the compliance with this Paragraph 20, must be filed with City prior to the start of Consultant’s Work. Upon request, a copy of the Consultant’s insurance declaration page, Rider and/or Endorsement, as applicable shall be provided. Such documents evidencing Insurance shall be in a form acceptable to City and shall provide satisfactory evidence that Consultant has complied with all insurance requirements. Renewal certificates shall be provided to City prior to the expiration date of any of the required policies. City will not be obligated, however, to review such Certificate of Insurance, declaration page, Rider, Endorsement or certificates or other evidence of insurance, or to advise Consultant of any deficiencies in such documents and receipt thereof shall not relieve Consultant from, nor be deemed a waiver of, City’s right to enforce the terms of Consultant’s obligations hereunder. City reserves the right to examine any policy provided for under this paragraph. G. Effect of Consultant’s Failure to Provide Insurance. If Consultant fails to provide the specified insurance, then Consultant will defend, indemnify and hold harmless the City, the City’s officials, agents and employees from any loss, claim, liability and expense (including reasonable attorney’s fees and expenses of litigation) to the extent necessary to afford the same protection as would have been provided by the specified insurance. Except to the extent prohibited by law, this indemnity applies regardless of any strict liability or negligence attributable to the City (including sole negligence) and regardless of the extent to which the underlying occurrence (i.e., the event giving rise to a claim which would have been covered by the specified insurance) is attributable to the negligent or otherwise wrongful act or omission (including breach of contract) of Consultant, its subcontractors, agents, employees, or delegates. Consultant agrees that this indemnity shall be construed and applied in favor of indemnification. Consultant also agrees that if applicable law limits or precludes any aspect of this indemnity, then the indemnity will be considered limited only to the extent necessary to comply with that applicable law. The stated indemnity continues until all applicable statutes of limitation have run. If a claim arises within the scope of the stated indemnity, the City may require Consultant to: a. Furnish and pay for a surety bond, satisfactory to the City, guaranteeing performance of the indemnity obligation; or b. Furnish a written acceptance of tender of defense and indemnity from Consultant’s insurance company. Consultant will take the action required by the City within fifteen (15) days of receiving notice from the City. 6.01 EVALUATION OF PROPOSALS A. All proposals received by the deadline will be evaluated by the City of Elk River staff and consultants. City staff and consultants will make recommendations to the City Council on the award of this contract. Factors upon which the proposal will be judged include, but are not limited to, the following: a. Total costs of the work to be performed; b. Qualifications, license, bonding, and insurance of personnel; c. Timeline of the work; d. Similar work experience; e. References. B. Upon conclusion of the selection, staff will select a contractor to negotiate a contract as follows: a. The City shall not be liable for any expenses incurred by the Contractor prior to the signing of a contract including, but not limited to, the Proposal preparation, attendance at interviews, or final contract negotiations. b. The Proposal must be signed in ink by an official authorized to bind the Contractor to its provisions that will be included as part of an eventual contract. The Proposal must include a statement as to the period during which the Proposal remains valid. This period must be at least 90 days from the date of the submittal. c. The City reserves the right to reject any and all Proposals submittals or to request additional information from any or all of the proposing contractors. C. This request does not commit the City of Elk River to award a contract, to pay any costs incurred in the preparation of the proposal to this request, or to enter into a contract for services. The City is not required to select the lowest bidder, based on other criteria. The City of Elk River reserves the right to accept or reject any or all proposals received as a result of this request, to negotiate with any qualified source, or to cancel in part or its entirety this Request for Quotes if it is in the best interest of the City to do so. The City Council has final approval of the contractor to complete the proposal. A recommendation from the staff to the City Council will be made following review of the proposals. The City may require the responder selected to provide additional information on their proposals as a result of direct negotiations. 1 1/2"1 1/2"2"2"2"2"1 1/2"1 1/2"1 1/2"1 1/2"2"2"2"2"2"1 1/2"1 1/2"1 1/2"1 1/2"1 1/2"2"2"1 1/2"1 1/2"1 1/2"2"2"2"1 1/2"1 1/2"1 1/2"1 1/2"2"2"1 1/2"1 1/2"2"1 1/2"1 1/2"1 1/2"2"2"1 1/2"1 1/2"2"2"1 1/2"1 1/2"1 1/2"1 1/2"2"2"2"2"1 1/2"1 1/2"1 1/2"1 1/2"2"2"1 1/2"1 1/2"2"2"1 1/2"1 1/2"2"1 1/2"1 1/2"2"2"1 1/2"1 1/2"2"2"2"1 1/2"1 1/2"1 1/2"1 1/2"1 1/2"1 1/2"1 1/2"1 1/2"1 1/2"1 1/2"2"2"1 1/2"1 1/2"2"2"1 1/2"1 1/2"2"1 1/2"1 1/2"1 1/2"2"2"2"1 1/2"1 1/2"2"2 1/2"2 1/2"1 1/2"1 1/2"2"2"2"2"2 1/2"2 1/2"2 1/2"2 1/2"2 1/2"2 1/2"2 1/2"2"2"2 1/2"2 1/2"2 1/2"2 1/2"2 1/2"2 1/2"2 1/2"2 1/2"2 1/2"2 1/2"2 1/2"2 1/2"2 1/2"2 1/2"2 1/2"2 1/2"2 1/2"2 1/2"2 1/2"1 1/2"2 1/2"2 1/2"1 1/2"1 1/2"1 1/2"1 1/2"