HomeMy WebLinkAbout05-06-19 City Commission Packet Materials - C9. Notice of Award to Western Municipal for the Pear Street Booster Station
Commission Memorandum
REPORT TO: Honorable Mayor and City Commission
FROM: Brian Heaston, Senior Engineer
SUBJECT: Authorize the City Manager to Sign the Notice of Award to Western Municipal
Construction, Inc. for Construction of the Pear Street Booster Station Rehabilitation Project as
well as the Final Contract Documents Once Received.
MEETING DATE: May 6, 2018
AGENDA ITEM TYPE: Consent
RECOMMENDATION: Authorize the City Manager to Sign the Notice of Award to Western
Municipal Construction, Inc. for Construction of the Pear Street Booster Station Rehabilitation
Project as well as the Final Contract Documents Once Received.
BACKGROUND: The Pear Street Booster Station is a critical piece of water supply infrastructure which boosts water from the Lyman Creek source into the south pressure zone of
the City. The booster station also allows for backfeed of water from the Sourdough Water
Treatment Plant into the northeast pressure zone of the City. The booster station was originally
constructed in 1958 and much of the station equipment remains original equipment, including the
pumps in the station. Presently, only one of three pumps are operational which limits the capacity of the City to deliver Lyman water to the south pressure zone.
The engineering firm of AE2S was selected to perform design and construction administration
services for the project upon completion of qualifications-based procurement required under
state statute. Final design was packaged into a bid manual for the project which was publicly noticed as required for public works contracts. Bids were received and opened on April 3, 2019.
Western Municipal Construction, Inc. (WMCI) presented the low bid for the project at a lump
sum price of $521,060.00. Complete tabulation of all bids received is attached to this memo.
AE2S has completed a detailed review of the bid and has found it to be qualified and responsive. Due diligence was conducted, including reference checks for WMCI and its selected
subcontractors. Upon completion of due diligence, AE2S recommends award of the construction
contract to WMCI as contained in the attached recommendation of award. City staff concurs
with this recommendation and requests the City Commission authorize the City Manager to sign
the attached Notice of Award as well as final contract documents once received.
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FISCAL EFFECTS: Funding for the design and construction of the Pear Street Booster Station
Rehabilitation project was approved by the City Commission in the adopted FY18 Water Fund
CIP. Project number W74 provides $547,000 to complete design and construction. Capital
funding has been rolled into the current FY19 budget and will roll into FY20 as well. The professional services agreement was negotiated at a total fee of $265,535.60. With the addition
of the WMCI bid of $521,060, a total project cost of $786,595 results. This total cost exceeds
the available funding for project W74 by an amount of $239,595.
This project funding deficit will be supplemented by the water fund through project W04-20 – Water Pipe Replacement Program, which is funded in FY20 at $1,200,000, as well as unspent
money for project W78 – Hilltop Tank Mixer Addition, which was funded in the water fund at
$130,000.
Project W04-20 will fund pipe replacement for 2020 water renovations, as well as water line replacement for the North Tracy Avenue Reconstruction project. These supplemental funds
from W78 and W04-20 are likely to exceed the W74 deficit of $239,595 as the North Tracy
Avenue pipeline replacement has a known bid price of $177,633 and the Engineer’s Estimate for
2020 Water Renovations is $819,000 producing a total of $996,633 planned expenditure from
the $1,200,000 funding amount. Unspent funding of $45,000 is available from the W78 – Hilltop Tank Mixer Addition.
Total supplemental funding available to W74 equals $248,367 which exceeds the W74 deficit of
$239,595. Sufficient funding is available to make the award to WMCI at $521,060 for Pear
Street Booster Station Rehab project. Should, upon opening of bids for the 2020 Water Renovations project, the bid price exceed available funding then a budget amendment would be
brought forward to fully fund that project, or that award trimmed back to fit within available
planned funding without a budget amendment. Because ending fund balances are not being
modified within the Water Fund CIP at this time, a budget amendment is not required to make
the award to WMCI.
ALTERNATIVES: As suggested by the Commission
ATTACHMENTS: Award Recommendation Letter Tabulation of Bids Notice of Award & Draft Construction Agreement
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f^ne^<iwww.ae2s.commsgss^U1APR i i 2019,.j^ENGINiRiNGM-2-i-li^lApril 11, 2019City of Bozeman - EngineeringAttn: Brian Heaston, PESenior Engineer20 E. Olive St.Bozeman,MT 59771bheaston@bozeman.netRE: Recommendation of Award for Bozeman Pear Street Booster Station RehabilitationDear Mr. Heaston:Recommendation:AE2S recommends awarding the Bozeman Pear Street Booster Station Rehabilitation - GeneralConstruction Contract to Western Municipal Construction, Inc (WMCI) in the amount of $521,060.00 on aLump Sum basis. If acceptable to the City of Bozeman, please sign the Notice of Award (NOA) enclosedwith this letter and return to AE2S. With the NOA in hand, the Contractor will begin the process ofexecuting the Agreement, securities, and other Contract Documents. AE2S will conduct a cursory reviewof the Contract Documents for general completeness and deliver to the City of Bozeman for a final legalreview and execution.Bidder's Responsiveness & Responsibility:A tabulation of the bids submitted and opened on April 3, 2019 shows WMCI is the lowest responsivebidder. WMCI later provided a listof major subcontractors and suppliers-all of which generally meet theexpectations outlined in the Project Manual. A history of WMCI's Contracts Completed shows they arefamiliar with Work on municipal water and wastewater systems of similar size. Though their experiencelies primarily in construction of underground water and sewer mains, they successfully completed theSidney Wastewater Treatment Project with a positive recommendation from the City of Sidney. Thisproject demonstrated their ability to successfully manage projects with complex process and electricalequipment.The City of Bozeman requested additional information on the proposed electrical subcontractor, LibertyElectric. As discussed in an e-mail dated April 8, 2019, Liberty Electric provided a summary of Work Historyspecific to Kyle Olson, their proposed foreman for the Project. Kyle appears to have the experience andqualifications expected of an Electrical Foreman for this project and an investigation into the list ofreferences produced favorable recommendations for both his and Liberty Electric's Work.With the information obtained from key references provided, I have no evidence against either WMCI orLiberty Electric's responsibility and expect them to be fully capable of successfully completing this Projectfor the City of Bozeman.Bids Returned:Along with this recommendation, AE2S is returning the original copies of all Bidders' Bid Packagessubmitted for the April 3, 2019 Bid Opening: Western Municipal Construction, Inc.; Dick Anderson"/Advanced Engineering and Environmental Services, Inc.1288 North 14th Avenue, Unit 103 . Bozeman, MT 59715 . 406-219-2633192
^Construction, Inc.; MJD Contracting, LLC; First Mark Construction, LLC; and Strategic ConstructionSolutions, Inc.AE2S sincerely appreciates the opportunity to provide you with professional services for this project. Wehope we have satisfied your expectations to date. If you wish to discuss any of this information or havequestions prior to issuing this NOA, please do not hesitate to contact me either electronically or on mymobile phone: (e) brian.viall@ae2s.com; (m) 406-579-5104.Sincerely,AE2S^^erBrian Viall,PEOperations MaCC.: Scott Buecker, PE, Senior Project Manager - AE2S: scott.buecker(5>ae2s.comEnd.: Notice of Award (x5) for Bozeman Pear Street Booster Station Rehabilitation | April 11, 2019Agreement Between Owner and Contractor for Construction Contract (x5) | UnexecutedTabulation of Bids for Pear Street Booster Station Rehabilitation | Signed: Brian Viall, PEOriginal Bid Packages Dated April 3, 2019 from the following Bidders:Western Municipal Construction, Inc.DickAnderson Construction, Inc.MJD Contracting, LLCFirst Mark Construction, LLCStrategic Construction Solutions, Inc.https://ae2s.sharepoint.com/sites/PearSt.BoosterStation/Shared Documents/General/Phase 060 - Construction/Task 02 - Bidding & Negotiating Phase/Award &Contract/[l] Engineer's Recomendation ofAward.docx193
Tabulation of BidsPear Street Booster Station RehabilitationBozeman, MTP05097-2017-016Bid Opening 2:00 PM, April 3,2019ContractorN'siiiI2iI•sSdlS <1"1111°IIii111110^11 slS!&1111ill GlIll IIall15!'siI3CONTRACT NO. 1Total Base Bid1Western Municipal Construction^^^^^^^^$521,060.002345Dick Anderson Construction, Inc.^l^l^l^l^l^l^l^$528,000.00MJD Contracting^l^l^l^l^l^l^l^$528,000.00First Mark Construction^l^l^l^l^l^l^l^$532,501.00Strategic Construction Solutions^l^l^l^l l^l^l^$539,000.00Engineer's Estimate$593,250.00^HE?Advanced Engineering and Environmental Services, Inc.1288 N 14th Ave, Unit 103Bozeman, MT 59715Tel: 406-219-2633Fax: 406-219-2635True Tabulation of BidsRespectfully Submitted by:^^^~T^^.pfriaViaTI.R* Bidders are not required to provide evidence of aMontana Contractor's License or a City of BozemanBusiness License at the time of Bid Opening but, ifAwarded the project, must provide evidence of suchprior to execution of the agreement.194
EJCDCmENGINEERS JOiNT COMfiACTDOCUMENTS COMMITTEENOTICE OF AWARDDate of Issuance: Thursday, April 11,2019Owner: City of Bozeman, MontanaOwner's Contract No.:Engineer:Project:Bidder:Advanced Engineering andEnvironmental Services, Inc. (AE2S)Bozeman Pear Street Booster StationRehabilitationWestern Municipal Construction, Inc.Engineer's Project No.: P05097-2017-016Contract Name:General Construction[Bidder's Address: 5855 Elysian Road, Billings, MT 59101-320TO BIDDER:You are notified that Owner has accepted your Bid datedyou are the Successful Bidder and are awarded a Contract for:April 3, 2019 1 for the above Contract, and thatBozeman PearStreet Booster Statio^n[describe Work, alternates, or sections of Work awarded]The Contract Price of the awarded Contract is: $ 521,060.00 [Lump Sum][ 5 ] unexecuted counterparts of the Agreement accompany this Notice of Award, and one copy of theContract Documents accompanies this Notice of Award or has been transmitted or made available to Bidderelectronically.a set of the Drawings will be delivered separately from the other Contract Documents.You must comply with the following conditions precedent within 15 days of the date of receipt of this Noticeof Award:1. Deliver to Owner [ 5 ] counterparts of the Agreement, fully executed by Bidder.2. Deliver with the executed Agreement(s) the Contract security [e.g., performance and payment bonds]and insurance documentation as specified in the Instructions to Bidders and General Conditions,Articles 2 and 6.3. Other conditions precedent (if any):_Contractor's Proposed Schedule of Values.Failure to comply with these conditions within the time specified will entitle Owner to consider you in default,annul this Notice of Award, and declare your Bid security forfeited.Within ten days after you comply with the above conditions, Owner will return to you one fully executedcounterpart of the Agreement, together with any additional copies of the Contract Documents as indicated inParagraph 2.02 of the General Conditions.RECOMMfNDED:B» k^t^,^re<^7</ACCEPTED:By:ACCEPTED:By:Date:engineer (4u(ftori^//M-ized Signature)Buyer (Aulhorized Signature)Date:SeIIer(Authorized Signature)Date:Approvedby Funding Agency (if applicable):N/ADate:EJCDC* C-510, Notice of Award.Prepared and published 2013 by the Engineers Joint Contract Documents Committee.Page 1 of 1195
SECTION 00 52 13 - AGREEMENT FORMBETWEEN OWNER AND CONTRACTOR FORCONSTRUCTION CONTRACTPrepared byEJCDC^ENGINEERS JOINT CONTRACTDOCUMENTS COMMITTEEIssued and Published Jointly byACECAMERICAN COUNCIL 01 E.NUINEEKING COMI'ANIIiSAsaNational Society ofProfessional Engineers®Pear Street Booster StationBozeman, Montana005213-1February 2019Agreement196
ARTICLE 3-ENGINEER3.01 The Project has been designed by Advanced Engineering & Environmental Services, Inc.3.02 The Owner has retained Advanced Engineering & Environmental Services, Inc. ("Engineer") to actas Owner's representative, assume all duties and responsibilities, and have the rights andauthority assigned to Engineer in the Contract Documents in connection with the completion ofthe Work in accordance with the Contract Documents.ARTICLE 4 - CONTRACT TIMES4.01 Time of the EssenceA. All time limits for Milestones, if any. Substantial Completion, and completion and readinessfor final payment as stated in the Contract Documents are of the essence of the Contract.4.02 Contract Times: DatesA. The Work will be substantially completed on or before November 26, 2019, and completedand ready for final payment in accordance with Paragraph 15.06 of the General Conditionson or before December 30, 2019.4.03 Liquidated DamagesA. Contractor and Owner recognize that time is of the essence as stated in Paragraph 4.01 aboveand that Owner will suffer financial and other losses if the Work is not completed andMilestones not achieved within the times specified in Paragraph 4.02 above, plus anyextensions thereof allowed in accordance with the Contract. The parties also recognize thedelays, expense, and difficulties involved in proving in a legal or arbitration proceeding theactual loss suffered by Owner if the Work is not completed on time. Accordingly, instead ofrequiring any such proof. Owner and Contractor agree that as liquidated damages for delay(but not as a penalty):1. Substantial Completion: Contractor shall pay Owner $ 500.00 for each day thatexpires after the time (as duly adjusted pursuant to the Contract) specified in Paragraph4.02.A above for Substantial Completion until the Work is substantially complete.2. Completion of Remaining Work: After Substantial Completion, if Contractor shallneglect, refuse, or fail to complete the remaining Work within the Contract Time (asduly adjusted pursuant to the Contract) for completion and readiness for final payment,Contractor shall pay Owner $ 250.00 for each day that expires after such time untilthe Work is completed and ready for final payment.3. Liquidated damages for failing to timely attain Substantial Completion and finalcompletion are not additive and will not be imposed concurrently.ARTICLE 5 - CONTRACT PRICE5.01 Owner shall pay Contractor for completion of the Work in accordance with the ContractDocuments the amounts that follow, subject to adjustment under the Contract:A. For all Work other than Unit Price Work, a lump sum of: $ 521,060.00All specific cash allowances are included in the above price in accordance with Paragraph13.02 of the General Conditions.B. For all Work, at the prices stated in Contractor's Bid, attached hereto as an exhibit.Pear Street Booster StationBozeman, Montana005213-3February 2019Agreement197
B. Contractor has visited the Site, conducted a thorough, alert visual examination of the Siteand adjacent areas, and become familiar with and is satisfied as to the general, local, and Siteconditions that may affect cost, progress, and performance of the Work.C. Contractor is familiar with and is satisfied as to all Laws and Regulations that may affect cost,progress, and performance of the Work.D. Contractor has carefully studied (if provided in the Supplementary Conditions) all: (1) reportsof explorations and tests of subsurface conditions at or adjacent to the Site and all drawingsof physical conditions relating to existing surface or subsurface structures at the Site thathave been identified in the Supplementary Conditions, especially with respect to TechnicalData in such reports and drawings, and (2) reports and drawings relating to HazardousEnvironmental Conditions, if any, at or adjacent to the Site that have been identified in theSupplementary Conditions, especially with respect to Technical Data in such reports anddrawings.E. Contractor has considered the information known to Contractor itself; informationcommonly known to contractors doing business in the locality of the Site; information andobservations obtained from visits to the Site; the Contract Documents; and the Site-relatedreports and drawings identified in the Contract Documents, with respect to the effect of suchinformation, observations, and documents on (1) the cost, progress, and performance of theWork; (2) the means, methods, techniques, sequences, and procedures of construction to beemployed by Contractor; and (3) Contractor's safety precautions and programs.F. Based on the information and observations referred to in the preceding paragraph,Contractor agrees that no further examinations, investigations, explorations, tests, studies,or data are necessary for the performance of the Work at the Contract Price, within theContract Times, and in accordance with the other terms and conditions of the Contract.G. Contractor is aware of the general nature of work to be performed by Owner and others atthe Site that relates to the Work as indicated in the Contract Documents.H. Contractor has given Engineer written notice of all conflicts, errors, ambiguities, ordiscrepancies that Contractor has discovered in the Contract Documents, and the writtenresolution thereof by Engineer is acceptable to Contractor.I. The Contract Documents are generally sufficient to indicate and convey understanding of allterms and conditions for performance and furnishing of the Work.J. Contractor's entry into this Contract constitutes an incontrovertible representation byContractorthat without exception all prices in the Agreement are premised upon performingand furnishing the Work required by the Contract Documents.K. Contractor's price for the Work is based on materials and equipment complying fully withthe plans and specifications and, in the event Contractor named bid materials or equipmentwhich does not conform. Contractor will furnish materials and equipment which fullyconforms at no change in price.L. Contractor has read the complete Contract Documents referenced below, all of whichcontain provisions applicable not only to the Contractor, but also to its subcontractors.M. Contractor has examined documents and conditions at existing site carefully. Contractor willnot be awarded payment for conditions which could have been determined by examiningdocuments and existing conditions.Pear Street Booster StationBozeman, Montana0052 13-5February 2019Agreement198
the written consent of the party sought to be bound; and, specifically but without limitation,money that may become due and money that is due may not be assigned without suchconsent (except to the extent that the effect of this restriction may be limited by law), andunless specifically stated to the contrary in any written consent to an assignment, noassignment will release or discharge the assignor from any duty or responsibility under theContract Documents.10.03 Successors and AssignsA. Owner and Contractor each binds itself, its successors, assigns, and legal representatives tothe other party hereto, its successors, assigns, and legal representatives in respect to allcovenants, agreements, and obligations contained in the Contract Documents.10.04 SeverabilityA. Any provision or part of the Contract Documents held to be void or unenforceable under anyLaw or Regulation shall be deemed stricken, and all remaining provisions shall continue to bevalid and binding upon Owner and Contractor, who agree that the Contract Documents shallbe reformed to replace such stricken provision or part thereof with a valid and enforceableprovision that comes as close as possible to expressing the intention of the stricken provision.10.05 Contractor's CertificationsA. Contractor certifies that it has not engaged in corrupt, fraudulent, collusive, or coercivepractices in competing for or in executing the Contract. For the purposes of this Paragraph10.05:1. "corrupt practice" means the offering, giving, receiving, orsolicitingof anything of valuelikely to influence the action of a public official in the bidding process or in the Contractexecution;2. "fraudulent practice" means an intentional misrepresentation of facts made (a) toinfluence the bidding process or the execution of the Contract to the detriment ofOwner, (b) to establish Bid or Contract prices at artificial non-competitive levels, or (c)to deprive Owner of the benefits of free and open competition;3. "collusive practice" means a scheme or arrangement between two or more Bidders,with or without the knowledge of Owner, a purpose of which is to establish Bid pricesat artificial, non-competitive levels; and4. "coercive practice" means harming or threatening to harm, directly or indirectly,persons or their property to influence their participation in the bidding process or affectthe execution of the Contract.10.06 SeverabilityA. Any provision of part of the Contract Documents held to be void or unenforceable under theLaw and Regulation of the place of the Project shall be deemed stricken, and all remainingprovisions shall continue to be valid and binding upon Owner and Contractor, who agree thatthe Contract Documents shall be reformed to replace such stricken provision or part thereofwith a valid and enforceable provision that comes as close as possible to expressing theintention of the stricken provision.Pear Street Booster StationBozeman, Montana005213-7February 2019Agreement199