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HomeMy WebLinkAboutAward of Contract for Pool Heaters for Swim Center Pool • Commission Memorandum CID. REPORT TO: Honorable Mayor and City Commission FROM: Ron Dingman, Parks and Recreation Director SUBJECT: Award of contract for installation of Pool Heaters for the Bozeman Swim Center pool. MEETING DATE: February 13, 2012 AGENDA ITEM TYPE: Consent RECOMMENDATION: Approve and authorize City Manager to sign Notice of Award and Contract with Williams Plumbing, in the amount of$74,325, for purchase and installation of two Pool Heaters for the Bozeman Swim Center pool. BACKGROUND: On February 6, 2012 the Commission approved an amendment to the FY12 budget, to replace two pool heaters at the Bozeman Swim Center. Staff has advertised Request for Proposals (RFP) for the purchase and installation of the heaters, based on completed engineering plans, and received two bids. Copies of the bids are available at the Clerk of Commission office in City Hall. The two bids received are from Williams Plumbing, $74,325, and BKM Enterprises Inc., $108,865. Staff is recommending the contract be awarded to Williams Plumbing for$74,325. Attached is a copy of the Notice of Award and Contract. As of the writing of this memorandum, one of the Swim Center pool heaters has failed and the remaining one had failed last week but has been temporarily repaired. The repair is estimated to last for about 1 month. FISCAL EFFECTS: Engineering for this project has been completed at a cost of$4,825. The bid for purchase and installation of the two new pool heaters is $74,325 bringing the total cost for the project to $79,150. ALTERNATIVES: As suggested by Commission. As suggested by the City Commission. Attachments: None Report compiled on: February 3, 2012 NOTICE OF AWARD Dated: TO: Williams Plumbing,Heating&Utility,Inc. ADDRESS: 2131 Industrial Drive PROJECT: Bozeman,MT 59715 CONTRACT FOR:Bozeman Swim Center Heater Replacement Project You are notified that your Bid opened on January 31,2012,for the above Contract has been considered. You are the apparent Successful Bidder and have been awarded a Contract for the Bozeman Swim Center Heater Replacement Project. The Contract Price of your Contract is: Seventy Four Thousand Three Hundred Twenty Five Dollars($ 74,325.00). Five(5)copies of each of the proposed Contract Documents(except Drawings)accompany this Notice of Award. Three (3)sets of the Drawings will be delivered separately or otherwise made available to you immediately. 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 Five (5) 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(Article 20),and the General Conditions(paragraph 5.01). 3. List other conditions precedent: You must deliver with the executed Agreement the Certificates of Insurance as specified in the General Conditions(Article 5)and 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: (CITY MANAGER) (CITY CLERK DATE: AGREE MENT 1H'ORM THIS AGREEMENT is dated as of the day of in the year 2012, by and between CITY OF BOZEMAN, hereinafter called OWNER, and _W ILUAM5 PLUMBfr C-r 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: Replacement of existing mains pool heaters with selective demolition of piping elements; installation of a new pool heating system, piping, and related elements. The project for which the Work under the Contract Documents may be the whole or only a part is generally described as follows: Ci of Bozeman Swim Center Heater Re lacement Pro'ect. Article 2. CONTRACT TIME. 2.1 The Work will be completed within 21 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 two hundred dollars ($ 200.00) 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 SL's/ ,y 0 ft �7akr! }1VD $ N YOollars ($ ?S , 0 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 Iocal laws, ordinances,rules and regulations that in any manner may affect cost,progress or performance I of the Work. 1 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. 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). 73 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. 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 (by reference). 7.12 Appendix A and Appendix B. 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. I7.17 Notice to Proceed. 7.18 Any modification, including Change Orders, duly delivered after execution of Agreement. f7.19 Any Notice of Partial Utilization. 7.20 Notice of Substantial Completion. I 7.21 Notices of Final Completion and Acceptance. 6 7.22 Non-discrimination affirmation form. 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. 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. 8A 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. 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) c AwpdocsVorm slagreefrm.mrg