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HomeMy WebLinkAboutItem 06.qDate: 14 May 2015 Item No. ACCEPT BID AND AWARD CONTRACT FOR THE CONSTRUCTION OF WELL 20 TO MARK J. TRAUT WELLS, INC. Proposed Action Staff recommends adoption of the following motion: Move to accept the bid and award the contract for Well 20 to Mark J. Traut Wells, Inc. Passage of this motion begins the construction process for Well 20 in the Cherryview Park area. Overview The city completed an update to its Comprehensive Water Supply Plan in 2013. Part of the plan evaluated current water supply capacity against population and demand. The result was that the City's firm pumping capacity of 20.5 million gallons per day (MGD) may not meet the projected maximum day demand which in 2007 peaked at 20.4 MGD. Maximum day demand is subject to environmental conditions and has fluctuated between 17 and 20 MGD in 6 of the last 10 years. The outcome of the plan was to recommend additional pumping capacity to meet projected population and demand increases. The construction of Well 20 is the first in a series of new wells that will be added to meet these projected City needs. The well will be located in Cherryview Park and construction was specified to be as minimally intrusive to the park and park activities as possible. The City solicited bids on 10 April 2015 and opened received bids on 5 May 2015. One bid was received from Mark J. Traut Wells, Inc. in the amount of $606,602.00. This amount was 23 percent below the engineer's estimate of $790,000.00. Primary Issues to Consider • Is the construction of a well necessary? Yes. The water system is sized to meet peak demand. As has been shown by peak day usage, the City is very close to not meeting that peak demand with its current water system. Supporting Information • A copy of the letter of recommendation from Barr Engineering Co. and contract are C ' ;hr etree Public Works Director Financial Impact: $606,602.00 Budgeted: Yes Source: Related Documents (CIP, ERP, etc.): Community Values: Good Value for Public Services Water Trunk Fund resourceful. naturally. BARR engineering and environmental consultants May 12, 2015 Mr. Chris Petree Public Works Director City of Lakeville 20195 Holyoke Avenue Lakeville, MN 55044-0957 Re: Lakeville Well 20 Dear Mr. Petree: The purpose of this letter is to recommend the award of the contract for City of Lakeville Well 20. One bid was received on Tuesday, May 5, 2015, at 11:00 a.m. Mark J. Traut Wells was the apparent low bid at $606,605.00. There was a minor math error in the bid, resulting in the corrected amount being $606,602.00. The Engineer's estimate for the project was $790,000, with the low bid being 23% less than the estimate. Written approval of the plans and specifications for the construction of Well 20 has not been obtained from the Minnesota Department of Health (MDH), but they have not indicated any objections to the project at this time. Mark J. Traut Wells, Inc. has successfully completed projects for the City of Lakeville in the past. Barr Engineering Co. staff has also worked with Mark J. Traut Wells on previous projects with successful outcomes. Mark J. Traut Wells is also one of the few contractors in the area that has the equipment needed to meet the schedule requirements of the project. Therefore, based on the complete bid and past performance, Barr Engineering recommends award of Well 20 to Mark J. Traut Wells, Inc. pending final approval of the plans and specifications by the MDH. If you have any questions regarding any of these items, please do not hesitate to contact me. Sincerely, ;; I �A W/ 4 Dan Nesler, P.E. Enclosure Barr Engineering Co. 4700 West 77th Street, Suite 200, Minneapolis, MN 55435 452.832.2600 www.barr.com Lakeville Well 20 Bid Summary Item No. Description Unit Estimated Quantity Mark Traut Well, Inc. Bid Unit Price Bid Price 1 Mobilization/Demobilization L.S. 1 $35,450.00 $35,450.00 2 Set Up/Take Down Well Ea. 1 $5,000.00 $5,000.00 3 Drill 17 25 -inch Diameter Open Hole L.F. 95 $65.00 $6,175.00 4 Furnish and Install 18 -inch Diameter Casing L.F. 455 $76.00 $34,580.00 5 Drill 23.25 Open Hole L.F. 295 $85.00 $25,075.00 6 Furnish, Drill, and Drive 24 -inch Diameter Casing L.F. 160 $155.00 $24,800.00 7 Furnish and Install Neat Cement Grout C.F. 650 $21.00 $13,650.00 8 Plumbness and Alignment Test Ea. 1 $485.00 $485.00 9 Furnish Development Equipment L.S. 1 $1,200.00 $1,200.00 10 Install and Remove Development Equipment Ea. 1 $3,500.00 $3,500.00 11 Operate Development Equipment Hr. 100 $325.00 $32,500.00 12 Furnish, Install, and Detonate Explosives Lbs. 250 $25.00 $6,250.00 13 Remove Fill From Well C.Y. 500 $75.00 $37,500.00 14 Furnish Test Pumping Equipment L.S. 1 $1,200.00 $1,200.00 15 Install and Remove Test Pumping Equipment Ea. 1 $3,650.00 $3,650.00 16 Operate Test Pumping Equipment Hr. 30 $145.00 $4,350.00 17 Televise Well Ea. 1 $1,200.00 $1,200.00 18 Well Disinfection and Sampling Ea. 1 $1,175.00 $1,175.00 19 Furnish and Install 10 -inch Diameter Discharge Column and Two 1 -inch PVC Probe Pipes L.F. 290 $120.00 $34,800.00 20 Furnish and Install Submersible Pump Assembly (1200 GPM) Ea. 1 $24,200.00 $24,200.00 21 Furnish and Install 125 HP Motor Ea. 1 $23,500.00 $23,500.00 22 Furnish and Install Pitless Adapter Ea. 1 $34,500.00 $34,500.00 23 Furnish and Install Concrete Slab and Well Enclosure L.S. 1 $5,600.00 $5,600.00 24 Furnish and Install 12 -inch Watermain L.F. 620 $75.35 $46,717.00 25 Restrained Sleeve Ea. 3 $770.00 $2,310.00 26 72 -inch Valve Manhole and Appurtenances Ea. 1 $16,060.00 $16,060.00 27 60 -inch Meter Manhole and Appurtenances Ea. 1 $11,495.00 $11,495.00 28 Restrained Joint (all sizes) Ea. 20 $232.00 $4,640.00 29 12 -inch Plug Valve Ea. 1 $3,190.00 $3,190.00 30 Hydrant Assembly Ea. 1 $4,620.00 $4,620.00 31 6 -inch Gate Valve Ea. 1 $1,815.00 $1,815.00 32 12-mch Tapping Valve Ea 1 $3,850.00 $3,850.00 33 Connect to Live Watermain Ea. 1 $3,300.00 $3,300.00 34 linsulation S.F. 400 $2.75 $1,100.00 35 Granular Foundation C.Y. 100 $1.50 $150.00 36 Granular Borrow C.Y. 50 $1.50 $75.00 37 Topsoil C.Y. 100 $1.50 $150.00 38 Site Grading L.S. 1 $1,650.00 $1,650.00 39 Seeding (with Fertilizer, Disc Anchoring, and Maintenance) Ac. 0.5 $4,400.00 $2,200.00 40 Bituminous Access Path L.S. 1 $3,190.00 $3,190.00 41 jElectrical L.S. 1 $139,750.00 $139,750.00 Total of All Unit Price Bid Items 1 $606,602.00 FORM OF AGREEMENT THIS AGREEMENT is by and between City of Lakeville ("Owner") and Mark J. Traut Wells, Inc. Owner and Contractor hereby agree as follows: ARTICLE 1— WORK ("Contractor") 1.01 Contractor shall complete all Work as specified or indicated in the Contract Documents. The Work is generally described in Division 01 of the Technical Specifications. ARTICLE 2—THE PROJECT 2.01 The Project, of which the Work under the Contract Documents may be the whole or only a part, is generally described in Article 1. ARTICLE 3 — ENGINEER 3.01 The Project has been designed by Barr Engineering Co. 3.02 Owner has retained Barr Engineering Co. ("Engineer") to act as Owner's representative, assume all duties and responsibilities, and have the rights and authority assigned to Engineer in the Contract Documents in connection with the completion of the Work in accordance with the Contract Documents. The duties and responsibilities and rights and authority of Engineer cannot be extended without written consent of Owner and Engineer. ARTICLE 4 — CONTRACT TIMES 4.01 Time of the Essence A. All time limits for Milestones, if any, Substantial Completion, and completion and readiness for final payment as stated in the Contract Documents are of the essence of the Contract. 4.02 Contract Times: Dates A. The Work will be substantially completed on or before October 30th, 2015 and completed and ready for final payment in accordance with Paragraph 15.06 of the General Conditions on or before December 4th, 2015. B. Parts of the Work shall be substantially completed on or before the following Milestone(s): 1. Milestone 1: Lakeville Well #20 shall be constructed, developed, and test pumping complete by September 15th, 2015. 4.03 Liquidated Damages A. Contractor and Owner recognize that time is of the essence as stated in Paragraph 4.01 above and that Owner will suffer financial and other losses if the Work is not completed and Milestones not achieved within the times specified in Paragraph 4.02 above, plus any extensions thereof allowed in accordance with the Contract Documents. The parties also recognize the delays, expense, and difficulties involved in proving in a legal or arbitration sCity of Lakeville ®� Construction of Well #20 00 52 00-1 Form of Agreement proceeding the actual loss suffered by Owner if the Work is not completed on time. Accordingly, instead of requiring 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 $200 for each day that expires after the time (as duly adjusted pursuant to the Contract) specified in Paragraph 4.02.A above for Substantial Completion until the Work is substantially complete. 2. Completion of Remaining Work: After Substantial Completion, if Contractor shall neglect, refuse, or fail to complete the remaining Work within the Contract Time (as duly adjusted pursuant to the Contract) for completion and readiness for final payment, Contractor shall pay Owner $200 for each day that expires after such time until the Work is completed and ready for final payment. 3. Liquidated damages for failing to timely attain Substantial Completion and final completion are not additive and will not be imposed concurrently. 4. Milestones: Contractor shall pay Owner $200 for each day that expires after the time (as duly adjusted pursuant to the Contract) specified above for achievement of Milestone 1, until Milestone 1 is achieved. ARTICLE 5 — CONTRACT PRICE 5.01 Owner shall pay Contractor for completion of the Work in accordance with the Contract Documents the amounts that follow, subject to adjustment under the Contract: A. Contract Price: $606,602.00. All specific cash allowances are included in the above price in accordance with Paragraph 13.02 of the General Conditions. B. The Bid prices for Unit Price Work set forth as of the Effective Date of the Contract are based on estimated quantities. As provided in Paragraph 13.03 of the General Conditions, estimated quantities are not guaranteed, and determinations of actual quantities and classifications are to be made by Engineer as provided in Paragraph 10.06 of the General Conditions. C. For all Work, at,the prices stated in Contractor's Bid, attached hereto as an exhibit. ARTICLE 6 — PAYMENT PROCEDURES 6.01 Submittal and Processing of Payments A. Contractor shall submit Applications for Payment in accordance with Article 15 of the General Conditions, as may be modified by the Supplemental Conditions. Applications for Payment will be processed by Engineer as provided in the General Conditions. 6.02 Progress Payments; Retainage A. Owner shall make progress payments on account of the Contract Price on the basis of Contractor's Applications for Payment on or about the first day of each month during performance of the Work as provided in Paragraph 6.02.A.1 below, provided that such Applications for Payment meet the requirements of the Contract. All such payments will be measured by the Schedule of Values°established as provided in the General Conditions (and in the case of Unit Price Work based on the number of units completed) or, in the event MCity of Lakeville Construction of Well #20 00 52 00-2 Form of Agreement there is no Schedule of Values, as provided elsewhere in the Contract. The amount of retainage with respect to all progress payments shall be as defined in the Supplementary Conditions. 6.03 Final Payment A. Upon final completion and acceptance of the Work in accordance with Paragraph 15.06 of the General Conditions, Owner shall pay the remainder of the Contract Price as recommended by Engineer as provided in said Paragraph 15.06. ARTICLE 7 — INTEREST 7.01 All amounts not paid when due as provided in Article 13 of the General Conditions shall bear interest at a maximum rate equal to the sum of the prevailing "Prime Rate" in the geographical area of the Project plus 2 percent (2%). ARTICLE 8 — CONTRACTOR'S REPRESENTATIONS 8.01 In order to induce Owner to enter into this Contract, Contractor makes the following representations: A. Contractor has examined and carefully studied the Contract Documents and the other related data and reference items identified in the Bidding Documents. B. Contractor has visited the Site, conducted a thorough, alert visual examination of the Site and adjacent areas, and become familiar with and is satisfied as to the general, local, and Site conditions 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 all: (1) reports of explorations and tests of subsurface conditions at or adjacent to the Site and all drawings of physical conditions relating to existing surface or subsurface structures at the Site (except Underground Facilities), if any, that have been identified in the Supplementary Conditions, especially with respect to Technical Data in such reports and drawings, and (2) reports and drawings relating to Hazardous Environmental Conditions, if any, at or adjacent to the Site that have been identified in the Supplementary Conditions, especially with respect to Technical Data in such reports and drawings. E. Contractor has considered the information known to Contractor itself; information commonly known to contractors doing business in the locality of the Site; information and observations obtained from visits to the Site; the Contract Documents; and the Site -related reports and drawings identified in the Contract Documents, with respect to the effect of such information, observations, and documents on (1) the cost, progress, and performance of the Work; (2) the means, methods, techniques, sequences, and procedures of construction to be employed 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 the Contract Times, and in accordance with the other terms and conditions of the Contract. BCity of Lakeville Construction of Well #20 00 52 00-3 Form of Agreement G. Contractor is aware of the general nature of work to be performed by Owner and others at the Site that relates to the Work as indicated in the Contract Documents. H. Contractor has given Engineer written notice of all conflicts, errors, ambiguities, or discrepancies that Contractor has discovered in the Contract Documents, and the written resolution thereof by Engineer is acceptable to Contractor. I. The Contract Documents are generally sufficient to indicate and convey understanding of all terms and conditions for performance and furnishing of the Work. J. Contractor's entry into this Contract constitutes an incontrovertible representation by Contractor that without exception all prices in the Agreement are premised upon performing and furnishing the Work required by the Contract Documents. ARTICLE 9 — CONTRACT DOCUMENTS 9.01 Contents A. The Contract Documents consist of the following: 1. This Agreement (pages 1 to inclusive). 2. Performance bond (pages_ to__, inclusive). 3. Payment bond (pages _ to _, inclusive). 4. Other bonds. a. _ (pages _ to _, inclusive). 5. General Conditions (pages_ to inclusive). 6. Supplementary Conditions (pages _ to J inclusive). 7. Specifications as listed in the table of contents of the Project Manual. 8. Drawings (not attached but incorporated by reference) consisting of _ sheets with each sheet bearing the following general title: 9. Addenda (numbers_ to__, inclusive). 10. Exhibits to'this Agreement (enumerated as follows): a. Contractor's Bid (pages _ to _, inclusive). b. Documentation submitted by Contractor prior to Notice of Award (pages to inclusive). 11. The following which may be delivered or issued on or after the Effective Date of the Contract and are not attached hereto: a. Notice to Proceed. b. Work Change Directives. c. Change Orders. d. Field Orders. B. The documents listed in Paragraph 9.01.A are attached to this Agreement (except as expressly noted otherwise above). City of Lakeville BARR.� Construction of Well #20 00 52 00-4 Form of Agreement C. There are no Contract Documents other than those listed above in this Article 9. D. The Contract Documents may only be amended, modified, or supplemented as provided in the General Conditions. ARTICLE 10 — MISCELLANEOUS 10.01 Terms A. Terms used in this Agreement will have the meanings stated in the General Conditions and the Supplementary Conditions. 10.02 Assignment of Contract A. Unless expressly agreed to elsewhere in the Contract, no assignment by a party hereto of any rights under or interests in the Contract will be binding on another party hereto without 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 such consent (except to the extent that the effect of this restriction may be limited by law), and unless specifically stated to the contrary in any written consent to an assignment, no assignment will release or discharge the assignor from any duty or responsibility under the Contract Documents. 10.03 Successors and Assigns A. Owner and Contractor each binds itself, its successors, assigns, and legal representatives to the other party hereto, its successors, assigns, and legal representatives in respect to all covenants, agreements, and obligations contained in the Contract Documents. 10.04 Severability A. Any provision or part of the Contract Documents held to be void or unenforceable under any Law or Regulation shall be deemed stricken, and all remaining provisions shall continue to be valid and binding upon Owner and Contractor, who agree that the Contract Documents shall be reformed to replace such stricken provision or part thereof with a valid and enforceable provision that comes as close as possible to expressing the intention of the stricken provision. 10.05 Contractor's Certifications A. Contractor certifies that it has not engaged in corrupt, fraudulent, collusive, or coercive practices in competing for or in executing the Contract. For the purposes of this Paragraph 10.05: 1. "corrupt practice" means the offering, giving, receiving, or soliciting of anything of value likely to influence the action of a public official in the bidding process or in the Contract execution; 2. "fraudulent practice" means an intentional misrepresentation of facts made (a) to influence the bidding process or the execution of the Contract to the detriment of Owner, (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 prices at artificial, non-competitive levels; and City of Lakeville Form of Agreement Construction of Well #20 00 52 00-5 4. "coercive practice" means harming or threatening to harm, directly or indirectly, persons or their property to influence their participation in the bidding process or affect the execution of the Contract. 10.06 Other Provisions A. Owner stipulates that if the General Conditions that are made a part of this Contract are based on EJCDC® C-700, Standard General Conditions for the Construction Contract, published by the Engineers Joint Contract Documents Committee®, and if Owner is the party that has furnished said General Conditions, then Owner has plainly shown all modifications to the standard wording of such published document to the Contractor, through a process such as highlighting or "track changes" (redline/strikeout), or .in the Supplementary Conditions. B. This Agreement shall be governed by the laws of the State of Minnesota. C. This contract may be terminated by the Owner at any time upon discovery by the Owner that the Contractor or subcontractor has submitted a false statement under oath verifying compliance with any of the minimum criteria set forth in Minn. Stat. § 16C.285, subd. 3. City of Lakeville BARR Construction of Well #20 00 52 00-6 Form of Agreement IN WITNESS WHEREOF, Owner and Contractor have signed this Agreement. This Agreement will be effective on [ 1 (which is the Effective Date of the Contract). OWNER: CONTRACTOR: By: By: Title: Title: Attest: Title: Address for giving notices: sM City of Lakeville (If Contractor is a corporation, a partnership, or a joint venture, attach evidence of authority to sign.) Attest: Title: Address for giving notices: License No.: Construction of Well #20 00 52 00-7 (where applicable) Form of Agreement