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HomeMy WebLinkAbout11-04-19 City Commission Packet Materials - C7. NOA for Rowe Excavation for East Gallatin River Stream Avulsion Restoration Commission Memorandum REPORT TO: Honorable Mayor and City Commission FROM: Brian Heaston, Senior Engineer Mitch Reister, Director of Public Works SUBJECT: Ratify the City Manager’s Execution of the Notice of Award to Rowe Excavation Inc. for construction of the East Gallatin River Stream Avulsion Restoration Project as well as the final contract documents once received. MEETING DATE: November 4, 2019 AGENDA ITEM TYPE: Consent RECOMMENDATION: Ratify the City Manager’s Execution of the Notice of Award to Rowe Excavation Inc. for construction of the East Gallatin River Stream Avulsion Restoration Project as well as the final contract documents once received. BACKGROUND: High spring flows on the East Gallatin River in May 2018 caused the river to avulse into a new channel, completely cutting off flow to what was the main river of the channel to which the Bozeman Water Reclamation Facility (WRF) discharges treated effluent. The City has worked diligently since the avulsion event occurred to obtain necessary stream permits to restore the river to its pre-avulsion condition in order to return the full flow of the river to the channel the WRF outfall is located on. The restoration design contains three major elements: 1) construction of an engineered embankment at the avulsion location to return the river to its pre- avulsion channel thus making the full flow of the river available at the WRF outfall; 2) construction of a downstream channel plug within the avulsion channel to reduce the likelihood of another avulsion event from occurring in the future; 3) reconstruction of a section of Beck Nelson Flannery (BNF) ditch destroyed by the avulsion. All required stream permits are in place to construct all elements of the project. The project was publicly bid and three bids were received and opened on October 14, 2019. A certified bid tabulation summarizing the bid results is attached to this memo. HDR Engineering has reviewed the low bid and recommends awarding the project to Rowe Excavation at a total price of $154,500 as contained in the attached Notice of Award. City staff concurs with this recommendation. Major elements 1 and 2 described above are represented by the base bid column in the bid tabulation, with element 3 contained in Alternate A and Alternate B columns. Alternate A is reconstruction of the BNF ditch. Alternate B adds rip rap to the ditch, which was a project element requested by water right owners on the BNF ditch that the City accommodated in its design plans and permitting. 72 As shown in the Notice of Award, the City will award the base bid of the project along with Alternate A and Alternate B to reconstruct the BNF ditch and include rip rap within the ditch. The City Commission has previously agreed to allocate $30k of public monies to fund the ditch reconstruction as a good faith effort to restore the ditch to a serviceable condition. The bid price for Alternate A and Alternate B are just under this $30k cost cap. The BNF ditch owners have further asked that the City maintain the reconstructed ditch for a period of time after completion. The City is not willing to accept any responsibility for ditch maintenance on a go forward basis. Our commitment is to reconstruct the ditch at a cost not to exceed $30k. We will only proceed with this public expenditure benefitting the BNF ditch owners if they accept sole maintenance responsibility for the reconstructed facility. We will also require that the ditch owners release the City from any and all claims existing now or in the future related in any way to the avulsion. We believe these to be reasonable conditions tied to a $30k public expenditure benefitting the private BNF ditch ownership parties. The attached Agreement and Release document has been distributed to the BNF ditch owners. As of October 28 2019, we have received signatures from a majority of the ditch owners which constitutes sufficient authority amongst the users to reconstruct the ditch. A draft construction agreement is also attached to this memo. FISCAL EFFECTS: The FY20 Wastewater Fund CIP contains project W96 funded at $300,000 to complete construction of the avulsion restoration. The awarded contract amount contained in the Notice of Award reflects Rowe Excavation’s bid price of $154,500 which includes $29,500 to reconstruct BNF ditch with rip rap. This is under the City’s agreed $30k contribution cap for the ditch reconstruction. Amendment No. 1 to Task Order No. 10 with HDR Engineering was approved by the Commission on October 14, 2019 providing $42,500 not to exceed cost for bid document preparation, construction administration and inspection services for the project. The total cost to complete the project amounts to $197,000. Sufficient funding is available in the W96 project budget. ALTERNATIVES: As suggested by the Commission. ATTACHMENTS: Award Recommendation Letter and Bid Tabulation Notice of Award Draft Construction Agreement (as contained in bid documents) Agreement and Release Document for BNF Ditch Owners 73 hdrinc.com 2150 Analysis Drive Suite A Bozeman, MT 59718-3820 (406) 577-5015 October 15, 2019 Brian Heaston, PE City of Bozeman – Engineering 20 E. Olive St. P.O. Box 1230 Bozeman, MT 59771 RE: East Gallatin River Stream Avulsion Restoration Recommendation to Award Dear Brian Heaston, Bids for the construction of the East Gallatin River Stream Avulsion Restoration Project were received on October 14, 2019. Three bids in total were received. The certified bid tabulation is attached. The range of lump sum bid prices was $48,450, with the lowest of the lump sum bid prices being Rowe Excavation. The range of the lump sum bid price with both alternatives included was $45,850, the lowest price being Rowe Excavation. Considering the cost with and without the inclusion of design alternatives, Rowe Excavation submitted the lowest bid at $125,000 and $154,500 respectively. Rowe Excavation’s lump sum base bid price of $125,000 is lower than the engineer’s estimate of $200,965. Our review of Rowe Excavation’s submittal finds them to be responsive and qualified for the scope of this project. We recommend that the City of Bozeman proceed with the necessary steps to award the project to Rowe Excavation. If you have any questions or comments please don’t hesitate to contact me. Sincerely, HDR Inc. Dan March, PE, CFM Project Engineer 74 Bid No. Time Received (PM) 10/14/2019 BIDDER Lump Sum Bid Price for Base Bid Alternate A Alternate B Composite Lump Sum Bid Price for Base and Alternates Complete Bid FormBid Bond/Security ProvidedAddenda AcknowledgedNon-discrimination Affirmation Form1 12:06pm Rowe Excavation $125,000.00 $5,000.00 $24,500.00 $154,500.00 x x x x 2 1:16pm Sime Construction $150,776.00 $4,700.00 $6,370.00 $161,846.00 x x x x 3 1:30pm Highland Construction Services $173,450.00 $8,000.00 $18,900.00 $200,350.00 x x x x Dan March,PE, CFM , HDR Engineering, Inc. City of Bozeman East Gallatin River Stream Avulsion Restoration 75 HDR Project No. 10059730 City of Bozeman East Gallatin River Stream Avulsion Restoration EJCDC C-510 NOTICE OF AWARD 2018 00 51 10 - 1 NOTICE OF AWARD Date of Issuance: October 28, 2019 Owner: City of Bozeman Engineering Division Owner’s Project No.: Engineer: HDR Inc. Engineer’s Project No.: 10059730 Project: East Gallatin River Stream Avulsion Restoration Contract Name: Bidder: Rowe Excavation Bidder’s Address: P.O. Box 1182 Dillon, MT 59725 You are notified that Owner has accepted your Bid dated October 14, 2019 for the above Contract, and that you are the Successful Bidder and are awarded a Contract for: The Base Bid and additive Alternate A and B, subject to ratification by the City Commission on November 4, 2019. The Contract Price of the awarded Contract is $154,500. Contract Price is subject to adjustment based on the provisions of the Contract, including but not limited to those governing changes, Unit Price Work, and Work performed on a cost-plus-fee basis, as applicable. Three (3) unexecuted counterparts of the Agreement accompany this Notice of Award, and one copy of the Contract Documents accompanies this Notice of Award, or has been transmitted or made available to Bidder electronically. ☐ 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 Notice of Award: 1. Deliver to Owner Three (3) counterparts of the Agreement, signed by Bidder (as Contractor). 2. Deliver with the signed Agreement(s) the Contract security (such as required performance and payment bonds) and insurance documentation, as specified in the Instructions to Bidders and in the General Conditions, Articles 2 and 6. 3. Other conditions precedent (if any): _______________________________________________ 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 10 days after you comply with the above conditions, Owner will return to you one fully signed counterpart of the Agreement, together with any additional copies of the Contract Documents as indicated in Paragraph 2.02 of the General Conditions. Owner: City of Bozeman By (signature): Name (printed): Title: Copy: Engineer 76 HDR Project No. 10059730 City of Bozeman East Gallatin River Stream Avulsion Restoration 00 52 13 - 1 SECTION 00 52 13 AGREEMENT FORM THIS AGREEMENT is dated as of the day of ________ in the year 2019, by and between CITY OF BOZEMAN, hereinafter called OWNER, and ______________________ 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: The Base Bid for the proposed work includes the relocation of a short section of the East Gallatin River to it pre-avulsion channel location. The work includes removal of a natural channel plug, installation of a temporary water control structure, construction of a river bank, and construction of a channel plug. Bid additive Alternate A includes restoration/construction of a section of irrigation ditch. The project for which the Work under the Contract Documents may be the whole or only a part is generally described as follows: East Gallatin River Stream Avulsion Restoration, City of Bozeman. Article 2. CONTRACT TIME. 2.1 The Work will be completed within 60 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 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 _________________________________________________________ ($__________). 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: 77 HDR Project No. 10059730 City of Bozeman East Gallatin River Stream Avulsion Restoration 00 52 13 - 2 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 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 Advertisement for Bids. 7.5 Instructions to Bidders and Bid Form. 7.6 Certificate(s) of Insurance. 7.7 General Conditions. 7.8 Supplementary Conditions. 7.9 Appendices7.13 Addenda listed on the Bid forms. 7.10 CONTRACTOR'S executed Bid forms. 7.11 Documentation submitted by CONTRACTOR prior to Notice of Award. 7.12 Notice of Award. 7.13 Notice to Proceed. 7.14 Any modification, including Change Orders, duly delivered after execution of Agreement. 7.15 Any Notice of Partial Utilization. 7.16 Notice of Substantial Completion. 7.17 Notices of Final Completion and Acceptance. 7.18 Non-discrimination affirmation form. 7.19 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 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. 78 HDR Project No. 10059730 City of Bozeman East Gallatin River Stream Avulsion Restoration 00 52 13 - 3 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 or 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. IN WITNESS WHEREOF, the parties hereto have executed this Agreement the day and year first above written. (CONTRACTOR) By (SEAL & ATTEST) Title ________________________________ (JOINT VENTURE) By (SEAL & ATTEST) Title _______________________________ CITY OF BOZEMAN (OWNER) By _____________________________ (CITY MANAGER) (SEAL & ATTEST) _______________________________ APPROVED AS TO FORM: ________________________________ (CITY ATTORNEY) END OF SECTION 79 AGREEMENT AND RELEASE This Agreement and Release is made and entered into, effective October ___, 2019, between the City of Bozeman (City) and undersigned property owners (“Owners”) (collectively the “Parties”). RECITALS WHEREAS the Owners claim a right to convey water in a ditch known and referred to here as the Beck- Nelson-Flannery Ditch (hereafter the “Ditch”) to convey water from the East Gallatin River (“River”) for beneficial use; and WHEREAS the Owners’ previously utilized a headgate as their point of diversion (“POD”), which is located on the north bank of the River downstream from the point where Springhill Road crosses the River, near Riverside Country Club; and WHEREAS the Ditch travels north and west from the Owners’ POD to a controlled culvert that crosses under the ninth fairway of Riverside Country Club and from there generally north to Owners’ respective places of use; and WHEREAS during the 2018 spring runoff the River changed course such that the primary River channel no longer carries sufficient water to Owners’ POD for beneficial purposes; and WHEREAS the new River course damaged the Ditch between Owners POD and the controlled culvert that crosses under the ninth fairway of Riverside Country Club; and WHEREAS the City of Bozeman, for reasons of public interest unrelated to Owners’ use of the Ditch, wishes to restore the channel that serves owners’ POD as the primary River channel; and WHEREAS the Owners wish to cooperate with the City’s effort to restore River flow in the channel that serves Owners’ POD. AGREEMENT NOW THEREFORE in exchange for the mutual promises set forth herein, which the Parties acknowledge and accept in full consideration for performance of the stated terms, it is agreed that: 1. The City shall be solely responsible for performing all tasks and paying all costs associated with restoring flow in the River channel that serves Owners’ POD (the “Work”). 2. The Owners release the City from, any and all claims existing now or in the future, related in any way to the change in River course (avulsion) or Owners interests in the Ditch. 3. In exchange for Owners’ release of the City from all such claims, the City agrees to spend up to $30,000 in a good faith effort to restore the segment of the Ditch connecting Owners’ POD to the controlled culvert that crosses under the ninth fairway of Riverside Country Club to a condition suitable for conveying water for Owners’ beneficial use (hereafter “Ditch Restoration”). 4. Should the City determine, at is sole discretion, that the cost of Ditch Restoration will exceed $30,000, the City will notify Owners and provide a good faith estimate for additional cost to complete the Ditch Restoration. Notice will be provided to the Owners by email at the address provided by the Owners in the signature block space provided for that purpose. Upon delivery of 80 such notice, the Owners shall have 48 hours to commit the estimated funding necessary for the City to complete the Ditch Restoration. If no such commitment is made in the time allowed, it is understood and agreed that the Owners shall be responsible for completing Ditch Restoration at no expense to the City. 5. It is further agreed and understood that the City shall have no responsibility for any maintenance or repair of the Ditch except as provided for herein. 6. This is the complete agreement between the Parties 7. This Agreement and Release may be executed and delivered electronically or by comparable means, in counterparts, which together shall be considered the original. City of Bozeman ______________________________________________ ___________________________________________ Tim Cooper, Assistant City Attorney for City of Bozeman ___________________________________________ address and email Owners ______________________________________________ ___________________________________________ Nathen Naprstek for EPG LLC ___________________________________________ address and email ______________________________________________ ___________________________________________ Jeremy Laferber , for LFT MT, LLC ___________________________________________ address and email ______________________________________________ ___________________________________________ Donna Kelly ___________________________________________ address and email ______________________________________________ ___________________________________________ Robert Hydecker ___________________________________________ address and email 81