Loading...
HomeMy WebLinkAbout09- Lyman Creek Water System Infrastructure Improvements Notice of Award, Edstrom ConstructionNotice of Award Dated Pro;ea: Lyman Creek loser: City of Bozeman lowner's contract No.: Na contra«: Lyman Creek Water System Infrastructure Improvements Engineers pre;ect No.: 0417.055 Bidder: Edstrom Construction, Inc. Bidder's Address: (send Certified Mail, Retum Receipt Requested) You are notified that your Bid dated June 23. 2009 for the above Contract has been considered. You are the Successful Bidder and are awarded a Contract for X346 377 00 including Schedules I. II and III and the Additive Alternate. The Contract Price of your Contract is three hundred forty six thousand three hundred seventy seven Dollars 0346.377.001. 5 copies of each of the proposed Contract Documents accompany this Notice of Award for execution. 2 additional copies of the proposed Contract Documents will be delivered separately or otherwise made available to you immediately. You must comply with the following conditions precedent within fifteen days of the date you receive this Notice of Award. 1. Deliver to the Owner L5] fully executed counterparts of the Contract Documents. 2. Deliver with the executed Contract Documents the Contract security [Bonds] as specified in the Instructions to Bidders (Article 20), [and] General Conditions (Paragraph 2.01 and 5.01) [and Supplementary Conditions (Paragraph SC-2.01).] 3. Other conditions precedent: Execute Change Order No 1 5 copies enclosed addressing payment of Bid Items 101 and 102. 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 fifteen days after you comply with the above conditions, Owner will return to you two fully executed counterparts of the Contract Documents Title Copy to Engineer Notice of Award -Page 1 of 1 C:\Documents and Settings\bmurray\Local Settings\Temporary Internet Files\Content.Outlook\VH9SZU5W\Notice of Award.doc 7/22/09 ;,;. 1VIORRISON ~+~ ~ 1~7AIERLE, INC. An Employee-Owned Company July 22, .2009 Bob Murray, P.E. Engineering Department City of Bozman PO Box 1230 Bozeman, MT 59771-1230 ENGINEERS SURVEYORS PLANNERS SCIENTISTS 2880 TECHNOLOGY BOULEVARD WEST • PO BOX t tl3 • BOZEMAN, MT 59771 OFFICE: 408-581-0721 • FAX: a06-922-6702:• wNlW:rn-m.0e! Re: Lyman Creek Water System Infrastructure Improvements Project Bid Summary and Award Recommendation Dear Bob: Please find enclosed one copy of the Final Plan Holders List and the Engineer's Bid Tabulation from the June 23, 2009 bid opening for the above-referenced project. Five competitive bids were received for the project. We have evaluated the bids submitted and documented a number of minor informalities in the. bids. A fist of the informalities is enclosed. Williams Civil Division, Inc. of Bozeman was the low bidder; however, they did not submit their bid on a bid form provided by an addendum and therefore their bid amount was lower than what they intended. In consultation with City staff it was determined that accepting the bid at the amount submitted vrould be an acceptable method of addressing. Williams Civil :Division's oversight, but allowing for an increase in the bid amount is not allowed by the bidding documents. Williams Civil Division determined that they could not complete the project at their bid amount and requested that their bid be considered non-responsive. Correspondence regarding Williams Civil Division bid is enclosed including a letter from Williams Civil. Division requesting a bid adjustment, a letter from Morrison Ma'ierle in response to the request and an email from Williams Civil Division requesting the bid be considered non-responsive. Edstrom Construction, Inc. of Rexburg, Idaho was the. second low bidder with a total bid of $343,237.00, summarized as follows: Schedule l (Spring Improvements) $ 190,877.00 Schedule II (Treatment and Storage Improvements)$ 146,700.00 Schedule III (Sourdough Valve Replacement} ~ 85,660.00 Total Bid (Schedules I+[I+III} $ 343,237.00 Additive Alternate #1 (Valve Extensions) $ 3,440.00 The total bid is approximately 2.5% less than the Engineer's Estimate while the additive alternative is 14% less than the Engineer's Estimate. Edstrom Construction's bid had a number of informalities as listed on the enclosed sheet. In consultation with City staff it was determined that two informalities needed to be addressed prior to recommending an award of the contract. These included a bid amount for mobilization that exceeded a 3% cap fisted on the bid form and an unusually high value placed on taxes, bonds and insurance on Schedule I. It was determined that an equitable method of treating these informalities would be to limit the amount paid on these two items on the first pay application to 3% of the Schedule for mobilization and actual documented costs for the taxes, bonds and insurance. The remaining value of these two bid items would be paid on a proportional basis to the work completed on subsequent pay applications. A letter was sent to Edstrom Construction Providing resources in partnership with clients to achieve their goals. MORRISON _ ~ -~ MAIERLE, the requesting their acceptance of these terms and an affirmative response was provided. Copies of these two letters are enclosed. We have investigated and assessed Edstrom Construction's qualifications and find him to be a responsible and qualified contractor for this. project. We hereby recommend the City of Bozeman award the contract for Schedules 1, I1, & III to Edstrom Construction, Inc. in the amount of $346,377.00 including Additive Alternate#1. A Bid Protest was received from Sime Construction, Inc. of Bozeman asserting that both Williams Civil Division's and Edstrom Construction's. bids should be rejected. A copy of the letter from Sime Canstruction is enclosed. The protest has been reviewed in conjunction with City staff and it has been determined that the issues brought forward by Sime Construction are ail items for which the Owner has full. discretion and that the methods used in addressing these issues are allowed by the bid documents. Please contact us if you have any questions. Sincerely, .~"1 MORRISON-MAIERLE, tNC. ~~~ James R. Nickelson, P.E. Project Manager Enciosure N:10417\0551DOCS\Construction\Bid Evaluation\Award Recommendation.doc `J V/ W 0 J O Z AJ 1.1. ~~ w~ W 0 L V L ~ ~+ ~ y.. N r~ ~ Oa ~m~`- 4- r ~ ~O ~~~+~ `m ++ i U J O a a~ .~ t>T C C Z Q Q Q r EA to V ~. N L W d ~? tC L U rn O O N N C ~R ""7 z ~ LL ~_ ~ m w c C c n rn cNO M v rn v rn o cNo eM- O t~ ti M N Ian C~D d' ~ X {0 N to ~ Op N Op t~ N ~ `~ .r N ~ ~ N N q0 ti N `V' LL cD to I~ ti '[t I~ ti rn M ~t ~ ~ ~ ~ ~ tY' V ~ N .-- M M M N N 00 ~ r d ~ ~ ~ N d' U ~ O ~ N CD N M N O ~ ti O N a E O am ~ ~ ~ ~ am . G C O t fi ~ ~ d ' C d ' 4. d. ~ 'Odv' e0!' ~ ~ ~ v tf' u GO' u N v O 0 Q1 H ~ L Q y ~ 'L3 .~ ~ ~ ~ ~ ~ C0 ? O OU CD ~ Q ~~ ~ ~~ r ~ O ml` ~ ~ ( 0~- L O ~ O I~ ~ ~ VJ ~ A O O ~ 7, O> O O O O) / ~ U. O 01 U1 ~ ~~ >~ ~ ~~ W N~ F- ~~ f- >~ I- >'2 ~ NI-' 4. ~~ a~ c gF- ~' c~ c O c O c ~~ [~ vi ~ f0 ~ ~ T N ~- ~ E ~ ~ ~ in ~ E ~i~ tts C 0 N ~~ ~~ ~ N ca W N m Ill N cc W N ~~ N m e- m M m N Y N m N m N m ~k = O 0 ai y ~ M y Q _ y O ~--~ f ~ T ti. a ~i ~ ? V O ~ u> ~ o ~ ~- - O rn O rn O rn Q ~ ~ ~ ~ ~ ~ , ~ T O ' (d UJ to O 00 W ~ '-' ~ O ~ O ti O h O O N O N O N pNj O c . ~ rn ~~ ~~ 1- ~ rn O 'o m~ u~ ~n in ~ ~rn 0 ~rn ~rn >°' ~ A ~F- NS` i~ N H ~ ~~ ~H g r~ - ((~~ (~~ M~ 0 ~ O f... O O~.._ O ~~ ~H ~ ~ pct > ~ C N S f O N ~ th ~h~ r M ~ ~ ~ e- C N ~ C N e- C N r- C O N~ N~ N~ ~ ~ tD~ m~; ~co ~ ~ ~ ~ Xw o~,, x~ oc x~ oo =Qy xo oE xro o~ x~O oE XO o~ x~ oc X~ oc x~ oc l-c wCp X oc O C ~~ ~ m f1S m~ m y M v_! m U7 m tv m N m ~ ~ ~ m ~ m ~ Y 0 m~ o= ° o o~ O~ O m 0 `~ ~° m O o 0 0 0 0 0 0 0 a~ O a~ 0 a~ X 0 a~ Nm r-m Mm ac~ w= o.~ NY am ~m am dm az ~= wZ ~tU~ n.= U V °' O O ~ ~ ~ ~ rn y p ~ [a N ~ L ~ ~ N ~ ~ W a W n W ~ C E (Q .C V x ~ (t3 o ~ ~ C V ~xx W X W v ~ rn .O ~ N ~ y ' ~ ~ i N V ~ Z i X W y ~ U X ~ .c X i ~ N N W C N ill. C tL ~ N c 4 ~ ~ ~ + + ~ V7 ~ -a W m X W ~ .a 4. L N ~ 5 ~ a ~- ~ o 11.. .... ~ l.~ ~ O U m v , m ~ _ m c}a ~ o 0 0~ o ~ ~ ~ ~ ~ m (A y ~ m LL N ~ O O Vl m m m m m~ ~ d p d ~ d ~ i ~ = i ~ m m m C7 2 ~ Z ~ UQ UQ Ud ~Q ~Q ~`~ ~ ~ ~ ~ i ..~ m j ~ ~ M r r ~ fA r- N M d' ~ CO 1~ OD O ~ . - U A '~ N h J L d 'C 0 s G m a U 0 0 r- t- d' 0 Z ~_ J W 0 J 0 Z n~ I.in d tU O Q L ~ ~ ~~ ~ po m n: ~~~ ~- ~, ° ~v d L V r~1 J R C O Z3 4 _~ 0 z 0 a 0 a ens a L as a~ Cn O O N ~_ _ ~~ ~ ~ ~ N ~ ~ ~ x ~ ~ ~ Q CO •.- O O O N ~ ~ m v M ~ N N O N (O M O Q) M M O ~ (O ~ O ti IL t~ N ~ ONO ~ ~ N ONO ~ ~ ~ ~ ~ ~ cD co ao N co 0 co O ao cp m 0 d' V ~/ 1i d ' \/ ' d' N d' ti/ ' d f~ QO O d C 0 O ~ CO to M O ~ O N 00 c+7 ~- ch CO I ~- L n t~ tOf~ a0 d' ~ ONO O N N ONO °' M lf7 tp (O O N ~ n m C oo N co m ~ ~ o O d' 'd' `a' d' N ~t . a. m L Q v ~N t a d ~ L Q ~ ~ ~ ~ ~ m DO ~ ~' Ln _ d' Q Orn Cnrn N NV C°~' rn aMO rn ~ _ N~ ., t!) p OM i~ to N~ C d ~ 'w~ ~~ N~ cAp ~~ aOi~C o " L~ cu ~ cn p ~ N :O 07 N ~ .... a~ (n 07 .- ~ Rf O c N ~ f6 ~ c N ~. a ~ c ~ w X O i N ~. ~- ~ E- Q E E ~ +~.. W c Z E ~ N its ~ - a i N O p O m a O 7 .o M N O p ~N, O m ~ O snQ N ..: o a~ M O c p N tnCfl h-m a.f~ t2~~ l~m Nm NU3 NW CVO N N V O~ ~ O ~ C d p N ~ Q1 _ R ~ ~ y c ~ c c ~ o -~ C ~ OjS Z ~ O O U 03 ~ CO. y Cr C (A U U ? y •-• o c p ~L > C] :n _ O O ~ c h ~ i ~ ~ W `~ v c p ~ ~ c p ~j a~ w c ,~ ;a a - v a O IB ~ (~ ~ p -~ O O U ~ c . ~ O U to ~ j~ o- ~ p ~ N c ~ O U a ~ CL ~_ Y 3 ~ o m wd in ~ ~° o ~ z ~ I~ - M Cn - O N M V' t[1 O ti M O O * ~ r N N N N N N N N N N M V O '~ N J N J L .a O L c a N V Q u~ 0 h r ~' O Z W F U Q a ZZy ~ 0 ^ ~'^ o ~L ~~ Q r ''W1 ~ xO M~ N 4l m D W I(n- ~ O m Fa- W ~~ a ~~aU~ m~~ ~ Y W O .--. ~ ~~ a ..~~ S $ ~ S A S S ,~ d 8 o S S, S 8 0 u ~ $ 8 ~ W o. ~ o : ~ ~ m ~ ~ $ m 53 $ ~ d J c o ~ a G4 p _ N YI pp UI tV N _ ~ N N b N N Y> N N M ~ ~+ ~ 2 ,,, N N N N N N M N M N N H M N N N t u U $ g o n e m ~ w S S m ~ e v S coi, a a 3 a O ~ S Y ~ W ~ Cp ~ M S mN_ N ~ q O^ N is O ~ <p O L- N ~ N N N N N N N N N N N N N N N C S S S p O O S p O S S G S p SO S O S. S S S O 8 SO p C v {- Z S O S ~ P ~ •• ep W ~ p o N op O ~ S ~ O YYYIII b 0D ~ N p S N p ^ S N N M °n to _ pl e M ~ C N Q N i~ N N ~ ' T W c 3 4 N N N N M N N N N N N N N N N N C °' W S S S $ $ 8 8 $ 5 8 $ 8 $ S S $ ~ 8 8 ° ` K S ~ d H m ~ o N ~ S S S N OI Q' M ~ O 'C a a N r " ~" N tV N < ~ N p ~ C ~ N N M N N N N N N N N N N NN N N M N S S p O p O p O p O S S S p H p O H p O S O p O p O S S p O C 7 ~p O 8 pp O $ c O G g °NN S o S O Cp O S O C N 8 O N N N ~ N G N pQ '-! ' C ~ N ~- O _ p) N ~' Q l0 IV CJ !/ ~ 1'1 ' N N 2 N M C ! N M N N N N N M N M M N N M N N O U S O S S p O S p O S p O p S p O p O p O S h S ~ S S d ~ Q S m N m N N O G 8 8 O 8 O Q ' p p N ' ~ O N H l7 H M w ~ ~ M N N N NN M N N N N M N N M SS p S S S S S S O S O S S S S p S. S S S O O C Z O S r Y ~ S W C h N S pl p S A ' $. b f S N 4 1~ N N O !. p S ~ p S o ~ M ~ t o ,c a ro . r~" n ' ~'+ ~ r N M N N N N N N N N N N N N N N a U w $ S S S $ S 8 g g S S S g $ n S ~ S 7 , ~+ Q M N 1~ M 9 w ~ z ^ T ~ N y~ N N N N N N N N N N p 8 S O S p O D S S O p P p O 8 p O S p O O O d s ~ S O R A ~ ~ ~ ~ ~ ~ 8 N ~ o dl N f 8 1~ ~ r 8 S ~ $ ° p ~ M C! f N N ~ tV ' p) .- N f7 P! m Q N NN N N N M N N N M N N N N N N N N (J O S S p O S O H S S S S p O p O S N O a E • a a `~ o m. ". o n c o 3 $ r g ~. 'a ~ m ,p ~ o. ~ F M 3 j N N N N N N N M N N N N N N N M S O S O S S S S S S S p O. O . O S S S S O p O ° 8. O o N G O ~ O B O p p O 8 N S 8 O S t~l C O~ OO d ~ f0'! S O a N C N 8 O ~ pe P'1 ~ Pl h ~'+ M n $ ' 4 1 N N N N N N N. N N N N M M N N N i! u $ $ 8 8 S $ °o $ S 8 8 8 o S 8 8 ° c °o, °o, o ~ f a $ o ~ ~ g 2S $ Q 3'i g 5 Q~ S 5 ~ 25 8 ~°o ~i " $~ w $ ~ .. z e w ~ M M ri ~; ~' ~ H N M N N N M N h N N N N N N N N N Q J W ~ p , J J aa W W W W ~ W U U U f0 x ~° -~ N ~ ~. a QQ Z' Y~ c o N N N ~ $ S o g S N N M ~ J Q U G s prd _ ~ o 9 • $ 9 n Y o F- g .°. ~ ~ a c ~ m °~ a u m $ ~ ~ w a m W ~ K U .~ H E c U > u, ; ° ° o 'm > e o m t7 ~ a ~ ;~ ~ ~ 'm Z D g o c g in y° ~ ~ a ~ y ~c. o° `m K° ° 8 ~ ~E ~ o ~ ~ ° J ~ o ~ o ~9 e g K o g u5 O `e ~ b ~ E ? '~ ~ w Z ~ m K° e o .. ~a..'Fi ,. m 'if ~ .fr v t ' J ~ 5 1- ~ ~ '~ ~ ~ `res N r ~ w V o o. i $ ~t = ~ ° x 4 y ~ ~ $ 2 i0 I~ m> ~ ~ .N- ~ r O O I p Z U U 1 a L O z 3 ~ $ $ $ ~ ~ o H fi s' ri Q z w a 0 r 0 Z a z w K r Y W a U Q J m v' n ° o S g r ~n ~ S q SS n g .~ g g 7i g o r m ~ S w U r. j QQ 75 2S ~ ° '0 ` b rv of N ° ~ O ai N a n a N QG N N N N N M N ~ N N N N 8 S 8 r a^, 8S `d G U o S n S g g S H 3 $ ~ ~ ¢ S S ~ P h < O ' ~- N ~ O r YI N M N N N 7 NM N N S O O O O S P O C 8 S p 8 SS C S q S O O pp O S b ~ O 8 O N n ~ m V `~' . ~: G N ~ N ~ n ~ ' Q 10 N tl N N N N N N N U N N N 8 8 8 5 S $ S «~ W S 8 8 8 Q dS S g o uY QQ 7i .$ o a U a $ °o o OJ ! l ~ N N N N N N N N Y u ~ = ~ M N NH S S O S S O S O p ? g ~ $ ° ~ ~ °b S QQ 7 g ~ QQ x 2S ~ o ~ l7 i D O 10 O! N O o W C ~ b p 4 ~ i N N N N N. N V ~ N A N N. S O S S S p S p S M V UU~ p O p O p O p O ep O i pn b C S O 00 ~ ) 00 ~ O ~ a p y 8 O 8 G S O O P O Ob ! yj F t N N N N N z ~ N N N N 8 ~ o S~ 8 8 S S , 8 S 8 ~ ~ p S S ~ p O v p O S C ' m ~ N Cl q H t q 0 ~ N ~+ ~ ~ N q M . H - ' N N N N ~ M C N 8 5 8 8 o S o ~ ~ M $ S 8 ~'~ m pN 1~. p ill N 0 YI YOf S Y O a ~ ~ N. t7 s7 q~ m O )ti C r N ^ N. N. N N N N H N W Y ~ N N N 8 8 8 8 S S S g r S S °0 2 i S ~ 8 b C N N o O p ~ S ~ l OI S e~/ S 10 M Y e7 ~ l N PI Y C O lC N' ~ n ; ~ r N N N N N N N N G N N M M 8 S S S 8 8 8 u X 8 8 8 $ ~ ~ m )n Q ~ F N g dl S Y ~ a ~ ~ g v m. N N N N N M N ~ r ~ M N N N 8 8 8 8 $ 8 8 0 8 8 8 8 S 8 ~ ~ 8 ~ ~ o Y ~ ~ 8 8 Y l7 b N M O fV O ~ O. ~ O N N N N N NN N C h NN N N N S S p O p O S O p S '~ • C 'U O S S p S bS g p Q o ~ Q Q S 5 2S ~° ~ a ~ g g g g Q 2S v ei a H ri o r ~ ~ r .- ~ o_ N N N N N N N w j N N M M W ~ ~ y Z N ~ WO ., ~ o ~ m ~ a ~ °~ `> m S a E ~ o ° . 'S 3 W y W Z n n ~ g ~ n ~ ~ o g o $ ~ W c ~ ~ 2 y ~ ~ .q u ? C 7~. .1°.a a= . ~ ~ e o o g u ~ O ~ mty ya ~a = F ii e Er `s ~ ~ r ~ ~ p Er w § a ~ - S c q .~ m ~, O a " ~ ?~ '9 s n ~ ~ o ~ m . 'w a A N ~m O %p r m m n 7 z o O b z ~ w m v V ~ ~~ yy W r z O y ~ s o ,a ~ s ~ ~Z - s s O H J a w _h 0 a a 0 z W W a 2 W O 7 0 m d r n 0 0 ti O m ri N S dl N 8 N QS g pN O O b N S f H N S' 0 N SO N S N 8 N 88 O M R 3 4 °s z Lyman Creek Water System Infrastructure Improvements Bid Opening -June 23, 2009 The following is a list of informalities that were found in a review of the. submitted bids: Williams Civil Division • Addendums No. 1 and No. 2 were not included with bid proposal. Both addendums were acknowledged on the envelope and on the bid form. • Schedule I was included as originally provided in the Project Manual Addendum No. 1 provided a revised Schedule One with instructions to attach the revised form to tthe original page in the Bid Form. The addendum added three bid items to the schedule which results in the bid submitted. being lower than what was intended. • Schedule 1 mathematically adds to $93,344.00 while the total listed in word and figures was $98,024.00. This discrepancy is also included in the Bid Summary. • In the Bid Summary for the Additive Alternate, the Additive Alternate was added to the total base bid rather than being listed as solely the additive alternate. Fdstrom Construction • The bid form schedules were. not filled out in the project manual and were inserted loose leaf in the manual. • The Bid Alternate is listed as $3,440.00 as a unit. price. and a total price for the bid item; however, for the total and the .bid summary it is listed as $3,400.00. • The amount bid for mobilization on Schedule I exceeds the 3% maximum listed in the bid form. • The amount bid for taxes, bonds and insurance on Schedule I appears unusually high. Sime Construction • In the Bid Summary for the Additive Alternate, the Additive Alternate was added to the total base bid rather than being listed as solely the additive alternate. Dick Anderson Construction The three appendices were removed from the bound project manual. On Bid Schedule II there are three items that have been crossed out and changed and not initialed. The summary for Schedule II is .initialed. On Bid Item 303 the unit price item value is listed as $54,000; however the total. price of the lump sum item is listed as $5,400.00. The. total sum in figures and words reflects the unit price amount. W Construction Addendum No. 1 was not included with bid proposal. Addendum No. 1 was acknowledged on the envelope and on the bid farm. In the Bid Summary there were two discrepancies: o Total Bid far Schedules I+II+III listed the amount for the Additive. Alternate. o The Additive Alternate listed the total of Schedules i, II and .Ill and included the Additive Alternate. The date on the bid form was covered with white out and the correct date was written over the top, N:10417\0551DOCS1Constructionti3id EvaluationlBid Issues.docx 'V~llian~s ..I ,ion ~~~~+~~..-+«~ June 2S, 2009 .. -- - ---3ames- . __..._....---- ------- _....._ ._.. __ _~_ _ .._~__ Morrison-Maierle, Inc. 2880 Technology Blvd. West Bozeman, MT S9718 RE: Request far Bid Adjnstment:Lyman Creek Spring Collection Improvements 17ear James, Uponseceiving the bid tabs on the Lyman Creek Water Spring Collection Improvements, . it is clear that Williams Civil Division has submitted a bid with clerical errors. The bid.. items that were omitted were the: additional items supplied on the supplemental bid form in Addendum #l . The missing unit prices are: ITEM DESCRIPTION OF WORK Quantity llIRJI Unit Prime Contract Amount 107 12" Tee 1 EA $ 880.00 $ 880.00 108 12" Butterfl Valve 2 EA $ 1,900.00 $ 3,800.00 -49~-- ,.frost•Freeti rant-- -__1._ _... _ ..,.:EA -~$-3;fl00:©0... _ .$x;000:00--•• Total $s,s$o.oa The total bid price supplied at the bid opening included the cost of the 12" Tee and the Two 12" Butterfly valves; however, it did not include the price of the Frost Free l-lydzant. Please include these unit prices in the Williams Civil Division bid to create a new total of $294,124.00 when including the alternate bid item 401. Williams is requesting an upward bid correction, which is well within the industry standard, as lozig as the bid standings axe unaffected. This will still leave Williams Civil Division's total bid --- substantially lower thanthese~ond-bidder. - - • - - - We wish to thank you for your time and consideration on this matter. Sinncerely, J ~~ Ta or Bickerstaff Project Manager 1VIORRISON ~..~ NZAIERLE, INC. An Employee-Owned Company July 6, 2009 Taylor Bickerstaff Williams Civil Division, Inc. 2360 North 7t" Avenue, Suite A Bozeman, MT 59715 Via email ENGINEERS SURVEYORS PLANNERS SCIENTISTS 2880 TECHNOLOGY BOULEVARD WEST • PO BOX 11.13. 802ENlAN, NIT 59771 OFFICE: 406-587-0721 • FAX: 408.922-6702 • www.m•m.net RE: Lyman Creek Water System Infrastructure Improvements Project MMl#: 0417.055 Bid Adjustment Request Dear Taylor: We are in receipt of your request for an adjustment of your bid an the Lyman Creek Water System Infrastructure Improvements project. The request increases the price of the bid proposal and therefore will not be considered based on Article 19 of the instructions to Bidders. The City is willing to consider your bid if you are wilting to complete the project for the amount identified in your bid based on an extrapolation of unit prices as presented in your bid. The bid items that were added. by Addendum No. 1 would be cansidered as incidental to the other bid items in the schedule.. Please advise if Williams Civil Division is willing to complete the project based on this stipulation. As shown on the attached Bid Tabulation, the total amount for each schedule would be as follows: Schedule I Schedule Il .Schedule Ill Total Schedule I, Il, III $ 93,344:00 ' $ 129,950.00 $ 59.,650.00 $ 282,944.00 Total Additive Alternate $ 1,500.00 Providing resources in partnership with clients to achieve their goals. MORRISON y MAIERLE, Svc We look forward to your response as the City would like to proceed with the. project as soan as possible. Sincerely, ~1 MORRISON-MAIERLE, INC. James R. Nickelson, P.E. Bozeman Office Enclosure Cc: Bob Murray, City Engineering N:\04171055\DOCS1Construction\Bid Evaluation\Wilfiams Bid . docx James Nickelson From: Taylor Bickerstaff (tbickerstaff@willplumb.com] Sent: Wednesday, July 08, 2009 12:00 PM To: James Nickelson Subject: RE: Lyman Creek Project James, Since the bid submitted by Williams Civil pivision was written on the incorrect form, we must acknowledge that the bid should be considered non-responsive. Thank you for your time on this matter. Taylor Bickerstaff William Civil Division, Inc. office: 406-922 3146 fax: 406-522-9612 cel I: 406-922-1515 tbickerstaffC~willplumb.com From: James Nickelson [mailto:jnickelson@m-m.netJ Sent: Monday, July 06, 2009 3:05 PM To: Taylor Bickerstaff Subject: Lyman Creek Project Taylor, Please see attached letter. Let me know your response as soon as possible. Thanks James James Nickelson Morrison Maierle, Inc. 2880 Technology Boulevard West P.O. Box 1113 Bozeman, MT 59771 (406) 587-0721 Froth; Kelley Howlett Sent: Monday, 7uly 06, 2009 8:58 AM To: James Nickelson Subject: color scanner This communication is the property of Morriscn-Maierle, inc. and may contain confidential or privileged information. Unauthorized use of this cor:~munication is strictly prohibited and may be unlawful. If you have received ibis :,ommunicalion in error, please immediately rtotity the senderby reply a-mail and destroy all copies artha communic2tion and any 2ttachments. . ._. _. f M~R]~ISON ,~~! I~~AIERLE, INC. An Employee-OKmed Company July 9, 2009 Brian Edstrom Edstrom Construction, inc. 534 Trejo Street, Suite 200 Rexburg, fD 83440 RE: Lyman Creek Water System MMi#: 0417.055 Bid Evaluation Dear fvtr. Edstrom: ENGINEERS SURVEYORS PLANNERS SCIENTISTS 2880 TECHNOLOGY BOUIEVARO WEST • PO BOX 1173 • BOZEMAN, MT 59771 OFFICE: 406.587-DI27 • FAX: 406-922-6702 • www.m-m.net Inr`rastructure improvements Project in conjunction with City staff, we have reviewed the bids for the above referenced project. The low bidder, Williams Civil Division, aid not bid on the proper addendum bid form and thus there bid was lower than what they intended. The City gave them the opportunity to take on the project based on their bid amount and upon review they determined that they could not complete the project for that amount. We are therefore looking at your bid; which is the second low bid. The bid you submitted has two items of concern that need to be addressed prior to the city considering your bid. 1. Bid Item 101 includes an amount that is approximately 16% ofyour total bid for the schedule. This greatly exceeds the 3% limit listed in the bid item description. The bid is therefore unbalanced. The following language addressing the payment of this bid item is proposed: "Bid Item 101 shall be paid at a maximum of 3% of Schedule !with the first pay request. Subsequent pay requests may include the remaining value of this bid item based on a proportional ratio to the total amount of Schedule (." 2. Bid Item 102 is much higher than what is normal based on the percentages of the fatal of Schedule I and is three to ten limes higher than the other bidders JThis appears to be a case where your bid might be unbalanced. The following language addressing the payment of this bid item is proposed: "Bid Item 102 shall be paid at actual casts associated with Schedule 1, based on rinC~m?ntatinn praliided by tna C:antra~tpr, 1Nith the first pay ra{7{ tcgt ~n tr. maximum amount of the bid item. If the bid item has remaining value after the first pay request, the remaining portion of the total value of the bid item will be paid. at a propartianal ratio to the total amount. of Schedule !." Providing resources in partnership with .clients to achieve their goals. MORRISON ~~: MAIERI.E, tNc If you are willing to accept these changes, they will be made a condition of the notice of award if the City Commission chooses to award the project to you. Please advise if this method of dealing witi: your unbalanced `pia i accep~abie. W~ look forward to your r~spons~ as the City would tike to proceed with the project as soon as possible. Sincerely, . r' MORRISOI~-IV~.AIERLE, i~c -~ James R. Nickelson, P.E. Bozeman Office Enckosure ~c: Bob fViurray, City Engineering h 104171D551DOCSIConstruct~onl8id ~valuaUOmedstorm bid . do _~: Ju1.21. 2009 4:58PM Edstrom July 21, 2009 Morrison Maierle James R Nckelson~ ~.0. Bax 1113 BotemAn, MT 59771 Edstrom Con~stxuction, .Inc. a ~ sty: c office: 2880 West 3200 South ltexburg,ldaho 83440 Pbone: (208) 356-3577 Fa'x: (208) 356-3639 IVo.414~ r. 1 534 '~eCjo St_ Suide 200 ~xbturg, ID 83440 ~omc: (2{)8) 356-4286 Pax; (208) 356-3639 RE: Lyman Creek Water System ~xastructure Lnprovemeats project pear Mr. Nickelson: We are in receipt of your letter dated July 9, 2009. We accept your proposed payment o~Bid Item 101 and 102 and would like to be awarded the conroract. Sincerely, ~~~~ ~ , Srian Edstrom Cc: Bob Murray, City Engineering ~IIIM~ CONSTRUCTION July 9, 2009 OFFICE FAX ";~~ -~- 406.582.9841 406.582.9843 simeconst@montana,com ~"' MAILiN6 ADDRESS STREET ADDRESS 7720A Shedhorn 140 Bozeman, MT 59718 180 Ramshorn Drive Bozeman, MT 59718 Momson - Maierle, Inc. Mr. James Nicholson 2880 Technology Boulevard West Bozeman, MT 59718 City Of Bozeman Engineering Department, % Mr. Bob Murray Alfred StiffProfessional Building Bozeman, MT 59771 RE: Bid Protest of Williams Civil Division and Edstrom Construction, Inc. bids for Lyman Creek Water Infrastructure Improvements,. City of Bozeman, MMI project # 0417.055 (bid June 23, 2009 @ 2:00 pm) Gentlemen: Sime Construction, Inc. hereby protests the bid of Williams Civil Division, 2360 N 7~' Ave, Bozeman,. MT 59715 for the above referenced project submitted June 23, 2009,. 2:00 pm on grounds that the bid was not submitted on the proper bid form and therefore is not a responsive bid. It is our understanding that Williams Civii Division has already withdrawn their bid based upon it being nonresponsive. Morrison-Maierle, .Inc and the City of Bozeman have both agreed. that that Williams Civil Division's bid is nonresponsive. Further, Sime Construction, Inc. also hereby protests the bid of Edstrom Construction, Inc., 288.0 W 3200 S. Rexburg, ID 83440 in connection with the above referenced project, submitted Tune 23, 2009, 2:00 pm, and any award of a contract for the aforementioned project to Edstrom Construction, Inc. on Bounds that their bid is improper and nonresponsive as it did not follow the requirements of the instructions to bidders spelled out in the bidding documents. In particular, Edstrom Construction, Inc.'s bid included an amount of approximately 15.6% ($17,300.00) for bid item 101 "Mobilization" when the instructions to bidders specifically limited the amount for item 101. "Mobilization" to no more than 3%, which would have been $3,326.00 This is a material defect in the bid of Edstrom Construction, Inc, and .requires the rejection of their bid as nonresponsive under the requirements. of the invitation to bid and the contract documents. The bids of both Williams Civil Division and Edstrom Construction, Inc. should be rejected and award of the aforementioned contract made to Sime Construction, Inc., who's bid is responsive and proper in all respects, and is"the law bid. Respectfull `-~-- . ~~ Sime Construction, Inc. Knox W. Pilati Commission Memorandum REPORT TO: Honorable Mayor and City Commission FROM: Bob Murray, Project Engineer~~ Rick Hixson, City Engineer Chuck Winn, Assistant City Manager SUBJECT: Lyman Creek Water System Infrastructure Improvements -Notice of Award. MEETING DATE: July 27, 2009 AGENDA ITEM TYPE: Consent RECOMMENDATION: Approve and authorize City Manager to sign the Notice of Award. BACKGROUND: Attached is a copy of the Notice of Award for the above referenced project. This project is to make modifications to the intake building, reservoir, and infiltration basin at the Lyman Creek Reservoir. All of the improvements included in the project were recommended in the 2005 Water Facility Plan. The improvements were recommended in order to increase the capacity and collect more of the City's water right from this source. There were a number of issues associated with the bidders on this project. Please see the attached award recommendation and supporting information from Morrison & Maierle which describes all of the issues and how they have been handled. FISCAL EFFECTS: Bids for the above-referenced project were opened on June 23, 2009 with 5 bids being submitted. The low bid was submitted by Williams Plumbing & Heating who subsequently withdrew their bid. For that reason this recommendation of award is to the next low bidder, Edstrom Construction, Inc in the amount of $346,377.00. The Bid Tabulation for the project is attached. The project is funded in the water impact fee fund in the current fiscal year. ALTERNATIVES: As suggested by the City Commission. Attachments: Award Recommendation Notice of Award Report compiled on: 7/22/09