Loading...
HomeMy WebLinkAbout08-07-17 City Commission Packet Materials - C7. NOA to Central Excavation for Stormwater Management Facility Commission Memorandum REPORT TO: Honorable Mayor and City Commission FROM: Frank Greenhill, Stormwater Program Technician Kyle Mehrens, Stormwater Program Coordinator Craig Woolard, Director of Public Works SUBJECT: Authorize the Interim City Manager to sign a Notice of Award, granting the contract for construction of the City’s Stormwater Sediment Management Waste Facility to Central Excavation Inc., Belgrade, MT, for the amount of $384,539.95. MEETING DATE: August 7, 2017 AGENDA ITEM TYPE: Consent RECOMMENDATION: Authorize the Interim City Manager to sign a Notice of Award, granting the contract for construction of the City’s Stormwater Sediment Management Waste Facility to Central Excavation Inc., Belgrade, MT, for the amount of $384,539.95. BACKGROUND: The City requires a Stormwater Sediment Management Waste Facility (Facility) to improve processes related to the collection, storage, and disposal of material generated from stormwater infrastructure maintenance. Once constructed, the Facility will include a 34,000 square foot asphalt-tipping floor, 15 settling bays, and an equipment wash station adjacent to the City’s Water Reclamation Facility (WRF). On June 20, 2017, the City Clerk opened a single bid for construction of the Facility. Central Excavation (Contractor) submitted the low bid of $484,264.45, resulting in a 77% difference between the design engineer’s estimate and the Contractor’s bid. Upon internal review, Staff determined the Contractor’s per unit bid costs were reasonable and in line with other recently awarded projects. However, Staff did not immediately award the construction of the Facility because of the discrepancy and budget limitations. Instead, Staff re-evaluated the Facility’s components and worked with the Contractor to reduce its construction cost by $99,724.50, aligning it with available funding. Staff achieved the reduction by deferring a non-critical road upgrade and agreeing to provide fill material already located at the WRF. Staff and the Contractor mutually agree on the Facility’s revised construction cost and components. Staff recommends that the City award the contract to the Contractor for an adjusted amount of $384,539.95. Copies of the Facility’s Certified Bid Tabulation, Notice of Award, and Construction Agreement are attached to this Memorandum. Additional information is available upon request. UNRESOLVED ISSUES: None ALTERNATIVES: As suggested by the Commission. FISCAL EFFECTS: The Facility is an approved FY17 Stormwater Capital Project; however, the Facility’s construction cost exceeds approved Stormwater Budget allocations. Staff plans to modify the Stormwater Capital Plan and fund the Facility’s construction using the following: 1. FY17 Stormwater Budget 114  STRM15 Stormwater Waste Facility - $225,000.00: Initially proposed as County Fair Grounds Project, but was amended and split evenly in FY17 to include a Law and Justice Center Drainage Project ($112,500) and a Stormwater Sediment Management Waste Facility ($112,500). Staff deferred the Law and Justice Center Project due to facility uncertainty.  STRM13 Annual Unplanned Pipe Rehabilitation and Drainage Projects - $50,000: Staff has intentionally not allocated remaining funds because it became evident early on that the Facility was likely to cost more than originally anticipated. 2. FY18 Stormwater Budget  STRM47 Stormwater System Enhancement Program - Main and Tracy - $75,000: One of four treatment projects Staff plans to complete in FY18. Staff will defer and reschedule for FY21.  STRM04 Annual Stormwater Pipe Rehabilitation Design and STRM10 Annual Stormwater System Enhancement Project Design - $50,000: Staff plans to use in-house engineering design services throughout FY18 for Pipe Rehabilitation and System Enhancement Project Design. External consultant design services have not provided a fiscally responsible and efficient approach to date. Attachments: Bid Tabulation Notice of Award Contract Agreement Report compiled on July 31, 2017 115 116 117 NOTICE OF AWARD Dated:________________ TO: Central Excavation, Inc. ADDRESS:437 Floss Flats Rd., Belgrade, MT 59714 PROJECT: Stormwater Sediment Management Waste Facility CONTRACT FOR: Construction of a Sediment Management Waste Facility to remediate current debris collection, storage, and disposal associated with reoccurring stormwater and wastewater infrastructure maintenance. The Stormwater Sediment Management Waste Facility will be adjacent to the City’s Wastewater Treatment Plant and include the following components: 1. A stormwater debris disposal bay designed to manage solids and liquids generated from stormwater field operations and system maintenance; 2. A commingled sanitary waste disposal bay designed to manage solids and liquids generated from wastewater field operations and system maintenance; 3. A secure storage area for potentially contaminated waste generated from unplanned pollution events; and 4. An equipment and vehicle wash station. This project generally includes the construction of asphalt pad and dumping area, installation of water and wastewater lines, and all related work incidental to construction. You are notified that your Bid opened on June 20, 2017, for the above Contract has been considered. You are the apparent Successful Bidder and have been awarded a Contract for the Stormwater Sediment Management Waste Facility. The Contract Price of your Contract is: Three Hundred Eighty-Four Thousand, Five Hundred and Thirty- Nine Dollars ($384,539.95). Four (4) copies of each of the proposed Contract Documents accompany this Notice of Award. You must comply with the following conditions precedent within fifteen (15) days of the date of this Notice of Award, that is, by______________. 1. You must deliver to the OWNER four (4) fully executed counterparts of the Agreement including all the Contract Documents and Drawings. 2. You must deliver with the executed Agreement the Contract Security (Bonds) as specified in the Instruction to Bidders. 3. List other conditions precedent:  You must deliver with the executed Agreement the Certificates of Insurance as specified in the Supplementary Conditions (paragraphs SC-5.04 and SC-5.06). Failure to comply with these conditions within the time specified will entitle OWNER to consider your Bid abandoned, to annul this Notice of Award, and to declare your Bid Security forfeited. Within ten (10) days after you comply with these conditions, OWNER will return to you two fully signed counterpart of the Agreement with the Contract Documents attached. CITY OF BOZEMAN, MONTANA ATTEST: BY: __________________________________ BY: ____________________________ (INTERIM CITY MANAGER) (CITY CLERK) DATE: _______________________________ 118 AGREEMENT FORM THIS AGREEMENT is dated as of the day of ________ in the year 2017, by and between CITY OF BOZEMAN, hereinafter called OWNER, and Central Excavation, INC., hereinafter called CONTRACTOR. OWNER AND CONTRACTOR, in consideration of the mutual covenants hereinafter set forth, agree as follows: Article 1. WORK. CONTRACTOR shall complete all Work as specified or indicated in the Contract Documents. The project work is generally described as follows: Construction of a Stormwater Sediment Management Waste Facility to remediate current debris collection, storage, and disposal associated with reoccurring stormwater and wastewater infrastructure maintenance. The Stormwater Waste Facility will be adjacent to the City’s Wastewater Treatment Plant and include the following components:  A stormwater debris disposal bay designed to manage solids and liquids generated from stormwater field operations and system maintenance;  A commingled sanitary waste disposal bay designed to manage solids and liquids generated from wastewater field operations and system maintenance;  A secure storage area for potentially contaminated waste generated from unplanned pollution events; and  An equipment and vehicle wash station. This project generally includes the construction of asphalt pad and dumping area, installation of water and wastewater lines, and all related work incidental to construction. The project for which the Work under the Contract Documents may be the whole or only a part is generally described as follows: Stormwater Sediment Management Waste Facility. Article 2. CONTRACT TIME. 2.1 The Work will be completed within 90 days after the date when the contract time commences to run as provided in the General Conditions. Final payment will be withheld until final completion and acceptance of the Work, as stipulated in this Agreement. 2.2 Liquidated Damages. OWNER and CONTRACTOR recognize that time is of the essence in this Agreement and that OWNER will suffer financial loss if the Work is not substantially complete within the time specified above, plus any extensions thereof allowed in accordance with the General Conditions. They also recognize the delays, expense and difficulties involved in proving, in a legal or arbitration proceeding, the actual loss suffered by OWNER if the Work is not substantially complete on time. Accordingly, instead of 119 requiring any such proof, OWNER and CONTRACTOR agree that as liquidated damages for delay (but not as a penalty) CONTRACTOR shall pay OWNER five hundred dollars ($ 500.00) for each day that expires after the time specified herein until the Work is substantially complete. Article 3. CONTRACT PRICE. 3.1 OWNER shall pay CONTRACTOR for performance of the Work in accordance with the Contract Documents the sum (subject to adjustment as provided in the Contract Documents) of Three Hundred Eighty-Four Thousand, Five Hundred Thirty-Nine Dollars and Ninety-Five Cents ($384,539.95). Article 4. PAYMENT PROCEDURES. CONTRACTOR shall submit applications for payment in accordance with the General Conditions. Applications for payment will be processed as provided in the General Conditions. 4.1 Progress Payments. OWNER will make progress payments monthly on account of the contract price on the basis of CONTRACTOR'S application for payment as recommended by ENGINEER. All progress payments will be on the basis of the progress of the Work measured by the schedule of values provided for in the General Conditions. 4.1.1 The OWNER may retain five (5) percent of the amount due the CONTRACTOR in accordance with the General Conditions and as outlined herein. 4.2 Final Payment. Upon final completion and acceptance of the Work in accordance with the General Conditions, OWNER shall pay the remainder of the contract price as recommended by ENGINEER. Article 5. INTEREST. All monies not paid when due hereunder shall bear interest at the simple rate established by the Federal Cost of Money Rate commencing at the time of a claim. Article 6. CONTRACTOR'S REPRESENTATIONS. In order to induce OWNER to enter into this Agreement, CONTRACTOR makes the following representations: 6.1 CONTRACTOR has familiarized himself with the nature and extent of the Contract Documents, Work, locality, and with all local conditions and federal, state and local laws, ordinances, rules and regulations that in any manner may affect cost, progress or performance of the Work. 6.2 CONTRACTOR has studied carefully all reports of investigations and tests of subsurface and latent physical conditions at the site or otherwise affecting cost, progress or 120 performance of the Work which were relied upon by ENGINEER in the preparation of the drawings and specifications and which have been identified in the modifications to the General Conditions. 6.3 CONTRACTOR has made or caused to be made examinations, investigations and tests and studies of such reports and related data in addition to those referred to above as he deems necessary for the performance of the Work at the contract price, within the contract time and in accordance with the other terms and conditions of the Contract Documents, and no additional examinations, investigations, tests, reports or similar data are or will be required by CONTRACTOR for such purposes. 6.4 CONTRACTOR has correlated the results of all such observations, examinations, investigations, tests, reports and data with the terms and conditions of the Contract Documents. 6.5 CONTRACTOR has given ENGINEER written notice of all conflicts, errors or discrepancies that he has discovered in the Contract Documents and the written resolution thereof by ENGINEER is acceptable to CONTRACTOR. 6.6 CONTRACTOR hereby affirms it will not discriminate on the basis of race, color, religion, creed, sex, age, marital status, national origin, or because of actual or perceived sexual orientation, gender identity or disability in the performance of work performed for the city of Bozeman. This prohibition shall apply to the hiring and treatment of the CONTRACTOR’S employees and to all subcontracts it enters into in performance of the agreement with the city of Bozeman. Article 7. CONTRACT DOCUMENTS. The Contract Documents which comprise the entire Agreement between OWNER and CONTRACTOR are attached to this Agreement, made a part hereof and consist of the following: 7.1 This Agreement. 7.2 Exhibits to this Agreement (if any). 7.3 Performance Bond, Payment Bond, and Bid Bond. 7.4 Invitation to Bid. 7.5 Instructions to Bidders and Bid Form. 7.6 Certificate(s) of Insurance. 7.7 General Conditions. 7.8 Supplementary Conditions. 121 7.9 Wage Rates. 7.10 Special Provisions and Measurement and Payment. 7.11 Montana Public Works Specifications, Sixth Edition, and City of Bozeman Modifications to Montana Public Works Standard Specifications Sixth Edition, March 31, 2011 with addenda (by reference). 7.12 Appendices 7.13 Addenda listed on the Bid forms. 7.14 CONTRACTOR'S executed Bid forms. 7.15 Documentation submitted by CONTRACTOR prior to Notice of Award. 7.16 Notice of Award. 7.17 Notice to Proceed. 7.18 Any modification, including Change Orders, duly delivered after execution of Agreement. 7.19 Any Notice of Partial Utilization. 7.20 Notice of Substantial Completion. 7.21 Notices of Final Completion and Acceptance. 7.22 Non-discrimination affirmation form. 7.23 Contract Drawings There are no Contract Documents other than those listed above in this Article 7. The Contract Documents may only be altered, amended or repealed by a modification (as defined in the General Conditions). Article 8. MISCELLANEOUS. 8.1 Terms used in this Agreement which are defined in the General Conditions shall have the meanings indicated in the General Conditions. 8.2 This Agreement and all of the covenants hereof shall inure to the benefit of and be binding upon the OWNER and the CONTRACTOR respectively and his partners, successors, assigns, and legal representatives. Neither the OWNER nor the CONTRACTOR shall have the right to assign, transfer or sublet his interest or obligations hereunder without written 122 consent of the other party. The OWNER reserves the right to withdraw at any time from any subcontractor where Work has proven unsatisfactory the right to be engaged in or employed upon any part of the Work. 8.3 In the event it becomes necessary for either party to this Agreement to retain an attorney to enforce any of the terms or conditions of this Agreement or to give any notice required herein, then the prevailing party or the party giving notice shall be entitled to reasonable attorney's fees and costs. 8.4 Any amendment of modifications of this Agreement or any provisions herein shall be made in writing and executed in the same manner as this original document and shall after execution become a part of this Agreement. ** End of Agreement Except for Signatures** 123 WITNESS WHEREOF, the parties hereto have executed this Agreement the day and year first above written. Central Excavation, Inc. (CONTRACTOR) By: _____________________ Title: (JOINT VENTURE) By: _____________________ Title: City of Bozeman (OWNER) By _____________________________ (INTERIM CITY MANAGER) (SEAL & ATTEST) APPROVED AS TO FORM: By______________________________ (CITY ATTORNEY) 124