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HomeMy WebLinkAboutItem 06.m Date: November 19, 2018 Item No. ACCEPTANCE OF BIDS AND APPROVAL OF A CONTRACT WITH INSITUFORM TECHNOLOGIES USA, LLC FOR THE 2018-2019 INFLOW AND INFILTRATION PROJECT, CITY PROJECT 18-26 Proposed Action Staff recommends adoption of the following motion: Move to accept bids and approve a contract with Insituform Technologies USA, LLC for the 2018-2019 Inflow and Infiltration Project, City Project 18-26. Overview Inflow comes from many sources including storm water that enters the sanitary system through improperly connected downspouts and sump pumps. Infiltration is ground water that seeps into the system through cracked pipes and leaking joints. The addition of clear water to the system increases the load on the wastewater treatment plant and decreases the efficiency of the treatment process. This project will line sanitary sewer pipes that are experiencing cracks and leaks at joints. The process uses a resin saturated felt tube made of polyester that is inserted into the pipe and expanded and cured using hot water or steam. As a trenchless technology, there is no excavation to replace the leaking segments of pipe or repair joints. The City received seven responsive bids from contractors in a range from $698,060.00 to $888,950.00. Insituform Technologies USA, LLC returned the lowest bid at $698,060.00 that met the City's specifications. The Engineer’s estimate for the project was $733,845.00. Primary Issues to Consider • Why is pipe lining important? City sanitary sewer flows are metered by the Metropolitan Council Environmental Services (MCES). Clear water adds to the total flows and increases the cost of treatment. Exceeding expected flows, generally during extreme rain events, can result in a fine levied by MCES to reduce inflow and infiltration. Supporting Information • A copy of the letter of recommendation from WSB, the bid tabulation and contract are attached. Financial Impact: $698,060.00 Budgeted: Yes Source: 7710.6295 Related Documents (CIP, ERP, etc.): 2019-23 CIP Envision Lakeville Community Values: Good Value for Public Services Report Completed by: Neil Normandin, Public Works and Facilities Coordinator 540 Gateway Boulevard | Suite 100 | Burnsville, MN 55337 | (952) 737-4660 Building a legacy – your legacy. Equal Opportunity Employer | wsbeng.com K:\010470-000\Admin\Construction Admin\010470-000 CST LTR RECMMDTN-Insituform Tech-11052018.docx November 5, 2018 Honorable Mayor and City Council City of Lakeville 20195 Holyoke Avenue Lakeville, MN 55044 Re: 2018-2019 Inflow and Infiltration Improvement Project City Project No. 18-26 City of Lakeville, MN WSB Project No. R-010470-000 Dear Mayor and Council Members: Bids were received for the above-referenced project on Friday, November 2, 2018, and were opened and read aloud. Eight bid were received, however, only seven bids fully satisfied the bid submittal requirements. The bids were checked for mathematical accuracy and tabulated. Please find enclosed the bid tabulation indicating Insituform Technologies USA, LLC, Chesterfield, Missouri, as the low bidder with a grand total bid amount of $698,060.00. The Engineer’s Estimate for the project was $733,845.00. We recommend that the City Council consider these bids and award a contract for the grand total bid in the amount of $698,060.00 to Insituform Technologies USA, LLC based on the results of the bids received. If you have any questions, please contact me at (952) 737-4675. Sincerely, WSB & Associates, Inc. Monica Heil, PE Project Manager Attachment mh/tmw PROJECT: 2018-2018 Inflow and Infiltration Improvement Project City Project No. 18-26 OWNER: City of Lakeville, MN WSB PROJECT NO.: R-010470-000 BIDS OPENED: Friday November 2, 2018, at 10:00 a.m. Local Time Contractor Bid Bond (5%) Addendum No. 1 Received Addendum No. 2 Received Grand Total Bid 1 Insituform Technologies USA, LLC X X X $698,060.00 2 SAK Construction, LLC X X X $707,250.00 3 Visu-Sewer X X X $713,655.00 4 Michels Corporation X X X $737,935.00 5 Lametti and Sons, Inc.X X X $748,800.00 6 Terra Engineering & Construction Corp.X X X $875,525.00 7 Veit & Company, Inc.X X X $888,950.00 Engineer's Opinion of Probable Cost $733,845.00 Denotes corrected figure I hereby certify that this is a true and correct tabulation of the bids as received on November 2, 2018. BID TABULATION SUMMARY Monica Heil, PE, Project Manager K:\010470-000\Admin\Construction Admin\010470-000 CST Bid Tab Summary- 2018-2019 INFLOW AND INFILTRATION IMPROVEMENT PROJECT CONTRACT FOR CONSTRUCTION CITY OF LAKEVILLE PROJECT NO. 18-26 WSB PROJECT NO. R-010479-000 CONTRACT FOR CONSTRUCTION THIS AGREEMENT, made and entered into as of the 19 day of November 2018, by and between the City of Lakeville, a municipal corporation under the laws of the State of Minnesota, hereinafter called the “Owner,” and Insituform Technologies USA, LLC, hereinafter called the “Contractor.” WITNESSETH: That in consideration of their mutual covenants and agreements as hereinafter set forth, the Owner for itself and the Contractor for itself, its successors, and assigns, covenants and agrees as follows, to wit: 1. The Contractor agrees to furnish all the necessary materials, labor, use of tools, equipment, plant and every other thing necessary to perform the work designated and referred to in this Contract, including all Contractor’s superintendence, and to furnish everything necessary for the completion of the improvement which is the subject of this Contract (except such things as the Owner has specifically agreed to provide, according to the Contract Documents); and agrees under penalty of a public contractor’s corporate performance bond and payment bond each in the amount of Six Hundred Ninety-Eight Thousand Sixty Dollars and 00/100 Dollars ($698,060.00) to perform and complete the work shown in the plans and drawings, entitled 2018-2019 Inflow And Infiltration Improvement Project, City Project No. 18-26,” prepared by WSB & Associates, Inc. and dated October 12, 2018, and to conform in all respects with the provisions and requirements of the General Conditions, Supplementary General Conditions and Specifications for said improvement, which is entitled “2018-2019 Inflow And Infiltration Improvement Project, City Project No. 18-26,” for the Owner prepared by WSB & Associates, Inc., dated October 12, 2018. 2. The Contractor agrees that performance shall be in accordance with the terms, requirements and conditions of this instrument, and laws of the State of Minnesota, and the following documents. ADVERTISEMENT FOR BIDS for said 2018-2019 Inflow And Infiltration Improvement Project, City Project No. 18-26, for the Owner. BID by the Contractor, presented to the Council of the Owner on November 19, 2018, and accepted by the Owner on November 19, 2018. CONTRACT DOCUMENTS for said 2018-2019 Inflow And Infiltration Improvement Project, City Project No. 18-26, dated October 12, 2018, referred to in the preceding paragraph of this Agreement and made a part of the aforementioned proposal which includes the general conditions of the contract (EJCDC C-700, 2013 addition) and the supplementary conditions. PLANS AND DRAWINGS for said 2018-2019 Inflow And Infiltration Improvement Project, City Project No. 18-26, as identified in a preceding paragraph of this Contract and which are dated October 12, 2018. ANY ADDENDA to the plans, drawings, general conditions and specifications for said 2018-2019 Inflow And Infiltration Improvement Project, City Project No. 18-26, which addenda were prepared by WSB & Associates, Inc. PUBLIC CONTRACTOR’S PERFORMANCE BOND AND PAYMENT BOND each in the principal sum of the amount bid. Each and all of the aforementioned Contract Documents are hereby incorporated into this Contract by specific reference and the terms and provisions thereof are and constitute a part of this Contract as though attached hereto or fully set forth herein. 2018-2019 INFLOW AND INFILTRATION IMPROVEMENT PROJECT CONTRACT FOR CONSTRUCTION CITY OF LAKEVILLE PROJECT NO. 18-26 WSB PROJECT NO. R-010479-000 3. The Owner agrees to pay the Contractor for the performance of this Contract and the Contractor agrees to accept in full compensation therefor, the sums set forth within the aforementioned proposal of the Contractor for each unit and each type of unit of work to be performed. It is understood and agreed that the said proposal is for the construction of said 2018-2019 Inflow And Infiltration Improvement Project, City Project No. 18-26, on a unit price basis in accordance with the said bid, and that sum of $698,060.00 as set out in said bid, is the sum of the unit prices, multiplied by the estimated quantities of the respective units of work listed therein. 4. Prompt Payment to Subcontractors. Each contract of a municipality must require the prime contractor to pay any subcontractor within ten days of the prime contractor's receipt of payment from the municipality for undisputed services provided by the subcontractor. The contract must require the prime contractor to pay interest of 1-1/2 percent per month or any part of a month to the subcontractor on any undisputed amount not paid on time to the subcontractor. The minimum monthly interest penalty payment for an unpaid balance of $100 or more is $10. For an unpaid balance of less than $100, the prime contractor shall pay the actual penalty due to the subcontractor. A subcontractor who prevails in a civil action to collect interest penalties from a prime contractor must be awarded its costs and disbursements, including attorney's fees, incurred in bringing the action. 5. This contract may be terminated by the Owner at any time upon discovery by the Owner that the prime 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. IN WITNESS WHEREOF, the parties hereto have hereunto set their hands and seals as of the day and year first above written. CONTRACTOR CITY OF LAKEVILLE, MN By Mayor By Clerk (Corporate Seal) (City Seal) By Authorized Official SUPPLEMENTAL CONTRACTOR VERIFICATION OF COMPLIANCE 2018-2019 INFLOW AND INFILTRATION IMPROVEMENT PROJECT SUPPLEMENTAL VERIFICATION CITY OF LAKEVILLE PROJECT NO. 18-26 WSB PROJECT NO. R-010470-000 By signing this document I certify that I am an owner or officer of the company, and I swear under oath that: My company meets each of the minimum criteria of Minn. Stat. § 16C.285, subd. 3, the Responsible Contractor statute. Pursuant to Stat. § 16C.285, subd. 3(7), my company has obtained from all subcontractors and motor carriers with which it will have a direct contractual relationship a signed statement under oath by an owner or officer verifying that they meet all of the minimum criteria in subdivision 3 prior to execution of a construction contract with each subcontractor or motor carrier. The undersigned agrees that, if it retains additional subcontractors on the project after submitting its verification of compliance, it shall obtain verifications of compliance from each additional subcontractor with which it has a direct contractual relationship and shall submit a supplemental verification confirming compliance with Minn. Stat. § 16C.285, subd. 3(7), within 14 days of retaining the additional subcontractors. Upon request, the undersigned shall submit to the contracting authority copies of the signed verifications of compliance from all subcontractors of any tier and all motor carriers providing for-hire transportation of materials, equipment, or supplies for a project. The undersigned understands that a failure to meet or verify compliance with the minimum criteria established for a “responsible contractor” as defined in Minn. Stat. § 16C.285, subd. 3, renders a bidder ineligible to be awarded a construction contract for the Project or to perform work on the Project. The undersigned understands that a false statement under oath verifying compliance with any of the minimum criteria shall make the undersigned, ineligible to be awarded a construction project and may result in termination of a contract awarded to the undersigned. A contracting authority shall not be liable for declining to award a contract or terminating a contract based on a reasonable determination that the contractor failed to verify compliance with the minimum criteria or falsely stated that it meets the minimum criteria. Date: Contractor: By (please print name) Signature (please sign name) Its 2018-2019 INFLOW AND INFILTRATION IMPROVEMENT PROJECT PERFORMANCE AND PAYMENT BONDS CITY OF LAKEVILLE PROJECT NO. 18-26 WSB PROJECT NO. R-010470-000 PERFORMANCE AND PAYMENT BONDS PART A: PAYMENT KNOW ALL MEN BY THESE PRESENTS, that we , Contractor, as Principal, and are firmly bound unto the , a Minnesota Corporation, (hereinafter referred to as “Obligee”), for the use and benefit of Obligee and all persons furnishing labor and materials to perform the Contract, in an amount of and /100 Dollars, for payment of all claims, costs and charges as hereinafter set forth. For the payment of this obligation, well and truly made, we jointly and severally bind ourselves, our representatives and successors firmly by these presents. The condition of this obligation is such that whereas the Principal has entered into a written contract with the Obligee dated , which contract is on file in the office of the Obligee, the regularity and validity of which is hereby affirmed; NOW THEREFORE, if the Principal shall pay as they may come due all just claims for work done; for furnishing labor and materials, insurance premiums, equipment, or supplies for the purpose of such contract, and all taxes incurred under Minnesota Statutes, Section 290.92 or Chapter 297A, and supplies for the completion of the contract in accordance with its terms, and shall pay all costs of enforcement of the terms of the bond, if action is brought thereon, including reasonable attorney’s fees, costs and disbursements in any case in which such action is successfully maintained, and shall comply with the laws of the state appertaining to such contract, then this obligation shall be void but otherwise it shall remain in full force and effect pursuant to Minnesota Statutes, Chapter 574. PART B: PERFORMANCE KNOW ALL MEN BY THESE PRESENTS, that the aforesaid Principal and Surety are held and firmly bound unto the Obligee, for the use and benefit of the Obligee, in the additional amount of and /100 Dollars, for the faithful performance of the Contract pursuant to its terms, as hereinafter set forth. For the payment of this well and truly to be made we jointly and severally bind ourselves, our representatives and successors firmly by these presents. The condition of this obligation is such that whereas the Principal has entered into the Contract more particularly described in Part A hereof, the regularity and validity of which is hereby affirmed: NOW, THEREFORE, if the Principal shall faithfully perform the Contract and shall save the Obligee harmless from all cost and charges that may accrue on account of the doing of the work specified and shall pay all costs of enforcement of the terms of the bond, if action is brought thereon, including reasonable attorney’s fees, in any case in which such action is successfully maintained, and shall comply with the laws of the state pertaining to such Contract, then this obligation shall be void but otherwise it shall remain in full force and effect pursuant to Minnesota Statutes, Chapter 574. 2018-2019 INFLOW AND INFILTRATION IMPROVEMENT PROJECT PERFORMANCE AND PAYMENT BONDS CITY OF LAKEVILLE PROJECT NO. 18-26 WSB PROJECT NO. R-010470-000 The aggregate liability for bonds provided under Part A and Part B hereof is (Sum of Parts A and B) No assignment, modifications, or change in the Contract, or change in the work covered thereby, nor any extension of time for completion of the Contract, shall release the Surety on this bond. Sealed with our seals and dated this day of , 20 . Contractor Surety By By Its Its And Its (Seal of Contractor if a Corporation) Witnesses to Contractor’s Signature: Witnesses to Surety’s Signature: