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HomeMy WebLinkAboutItem 06.j Date: March 18, 2019 Item No. SOUTH CREEK HYDRODYNAMIC SEPARATOR AWARD CONTRACT TO PETERSON COMPANIES, INC AUTHORIZE FUNDING AND AMEND 2019 BUDGETS Proposed Action Staff recommends adoption of the following motion: Move to award contract to Peterson Companies, Inc. for the South Creek Hydrodynamic Separator project, City Project 17-06; authorize funding and amend 2019 budgets. Overview On February 4, 2019, the Lakeville City Council approved plans and specifications for City Project 17-06. On February 27, 2019, at 11:00 a.m. the City received six bids for City Project 17-06 ranging from a low bid of $213,222.35 submitted by Peterson Companies to a high bid of $299,708. The engineer’s estimate of the construction cost was $319,025. The City’s total estimated project cost is $255,622 (including the construction contract with Peterson Companies). Additional funding sources (as identified in the attached Project Financing) contribute approximately $199,311; the City’s net estimate project cost is $56,311. Construction is anticipated to begin Spring 2019, with substantial completion by Fall 2019. Final restoration/completion is expected by Summer 2020. Primary Issues to Consider • Project Financing (see attached) Supporting Information • Bid Tabulation, Agreement and Wenck Associates Letter of Recommendation (February 28, 2019) Financial Impact: $56,311 Budgeted: Y☒ N☐ Source: Multiple Sources Related Documents: Joint Powers Agreement (VRWJPO Contract C0028876.1) Related Documents: Lakeville 5-year Capital Improvement Plan (2019-2023) Envision Lakeville Community Values: Good Value for Public Services Report Completed by: McKenzie Cafferty, Environmental Resources Manager Primary Issues to Consider Project Financing The City’s Capital Improvement Plan programs the City’s share of the estimated project cost at $120,000 (includes 2017 and 2018 encumbrances). Additional funding is provided from the Vermillion River Watershed Joint Powers Organization (VRWJPO) and a Minnesota Board of Water and Soil Resources (BWSR) Clean Water Fund Grant. The City, VRWJPO and BWSR project responsibilities and costs are per the project’s Joint Powers Agreement. Anticipated funding sources are shown below. Funding Sources Amount Stormwater Infrastructure Fund $56,311 VRWJPO $56,311 BWSR Clean Water Fund Grant $143,000 Total $255,622 CITY OF LAKEVILLE RESOLUTION NO. 19- RESOLUTION AWARDING CONTRACT FOR SOUTH CREEK HYDRODYNAMIC SEPARATOR PROJECT CITY PROJECT 17-06 WHEREAS, the City of Lakeville received sealed bids on Wednesday, February 27, 2019, at 11:00 a.m. for the South Creek Hydrodynamic Separator, City Project 17-06; and WHEREAS, the lowest responsible bid was from Peterson Companies, Inc. NOW, THEREFORE, BE IT RESOLVED, that the City Council of the City of Lakeville, Minnesota: Hereby awards the contract to the lowest responsible bidder that meets all the bid requirements, Peterson Companies, Inc., with a bid in the amount of $213,222.35. The construction is proposed to be completed as specified in the contract documents. ADOPTED by the Lakeville City Council this 18th day of March 2019. Douglas P. Anderson, Mayor Charlene Friedges, City Clerk CITY OF LAKEVILLE RESOLUTION NO. 19- RESOLUTION AUTHORIZING FUNDING FOR SOUTH CREEK HYDRODYNAMIC SEPARATOR PROJECT CITY PROJECT 17-06 WHEREAS, the South Creek Hydrodynamic Separator, City Project 17-06, is programmed in the adopted Lakeville 5-year Capital Improvement Plan (2019-2023). NOW, THEREFORE, BE IT RESOLVED, by the City Council of the City of Lakeville, Minnesota: The estimated project cost is $255,000 and anticipated funding sources are listed below. City staff is hereby authorized to amend the 2019 budgets and make the appropriate transfers between funds with respect to the project funding sources up to 10% above the estimated costs. Funding transfers may include loans between funds to cover engineering and other costs incurred on the project in advance of receiving other funding. Funding Sources Amount Stormwater Infrastructure Fund $56,311 VRWJPO $56,311 BWSR Clean Water Fund Grant $143,000 Total $255,622 ADOPTED by the Lakeville City Council this 18th day of March 2019. ______________________________ Douglas P. Anderson, Mayor _________________________________ Charlene Friedges, City Clerk AGREEMENT THIS AGREEMENT, made this ___ day of ________, 20__ by and between the City of Lakeville, hereinafter called “Owner” and Peterson Companies, Inc., doing business as a Minnesota corporation, hereinafter called “Contractor.” WITNESSETH: That for and in consideration of the payments and agreements hereinafter mentioned: 1.The Contractor will commence and complete the construction of: South Creek Hydrodynamic Separator Project, City of Lakeville Improvement Project No. 17-06. 2.The Contractor will furnish all of the material, supplies, tools, equipment, labor and other services necessary for the construction and completion of the project described herein. 3.The Contractor will complete the work required by the Contract Documents within the specified completion dates unless the period for completion is extended by the Contract Documents. 4.The Contractor agrees to perform all of the work described in the Contract Documents for the sum of $2 13,222.35. 5.The term “Contract Documents” means and includes the following: (A) Notice to Bidders (B) Information for Bidders (C) Bid Proposal Form (D) Affidavit of Non-Collusion (E) Bid Bond (F) Agreement (G) General Conditions (H) Supplementary Conditions to the General Conditions (I) Payment Bond and Performance Bond (J) Notice of Award (K) Notice to Proceed (L) Change Order(s) (M) Drawings prepared by the Wenck Associates (N) Specifications prepared or issued by the Wenck Associates 6. The Owner will pay to the Contractor in the manner and at such times as set forth in the General Conditions such amounts as required by the Contract Documents. 7. This Agreement shall be binding upon all parties hereto and their respective heirs, executors, administrators, successors and assigns. IN WITNESS WHEREOF, the parties hereto have executed, or caused to be executed by their duly authorized officials, this Agreement in duplicate, each of which shall be deemed an original on the date first above written. OWNER: CITY OF LAKEVILLE By: Attest: Douglas P. Anderson, Mayor (Seal) Charlene Friedges, City Clerk ATTEST: (SEAL) CONTRACTOR: ADDRESS: BY: TITLE: BY: TITLE: NOTE: Two (2) corporate officers are to sign, if applicable. STATE OF MINNESOTA COUNTY OF DAKOTA The foregoing instrument was acknowledged before me this _____ day of __________________, 20__, by of the corporation. and of [ ], a Minnesota corporation, on behalf Notary Public, My commission expires: County, MN CONTRACTOR’S PERFORMANCE BOND KNOW ALL MEN BY THESE PRESENTS, that as Principal, hereinafter called CONTRACTOR, and as Surety, hereinafter called Surety, are held and firmly bound onto as Obligee, hereinafter called OWNER, for the use and benefit of claimants as hereinafter provided, in the amount of Dollars (written), ($ ), for the payment whereof CONTRACTOR and Surety bind themselves, their heirs, executors, administrators, successors and assigns, jointly and severally, firmly by these presents. WHEREAS, CONTRACTOR has by written Agreement dated Contract with OWNER for in accordance with Contract Documents prepared by , 20 , entered into a which Contract is by reference made a part hereof, and is hereinafter referred to as the Agreement. NOW, THEREFORE, THE CONDITION OF THIS OBLIGATION is such that, if CONTRACTOR shall promptly and faithfully perform said Agreement, then this obligation shall be null and void; otherwise it shall remain in full force and effect. The Surety hereby waives notice of any alteration or extension of time by OWNER. Whenever CONTRACTOR shall be, and declared by OWNER to be, in default under the Agreement, the OWNER having performed OWNER’S obligations thereunder, the Surety may promptly remedy the default, or shall promptly: 1. Complete the Contract in accordance with its terms and conditions, or 2. Obtain a Bid or Bids for completing the Contract in accordance with its terms and conditions, and upon determination by Surety of the lowest responsible Bidder, or if OWNER elects, upon determination by OWNER and the Surety jointly of the lowest responsible Bidder, arrange for a Contract between such Bidder and the OWNER, and make available as work progresses (even though there should be a default or a succession of defaults under the Contract or Contracts of completion arranged under this paragraph) sufficient funds to pay the cost of completion less the balance of the Contract Price, but not exceeding, including other costs and damages for which the Surety may be liable hereunder, the amount set forth in the first paragraph hereof. The term “balance of the Contract Price,” as used in this paragraph, shall mean the total amount payable by OWNER to CONTRACTOR under the Contract and any amendments thereto, less the amount properly paid by OWNER to CONTRACTOR. No right of action shall accrue on this bond to or for the use of any person or corporation other than OWNER named herein or the heirs, executors, administrators or successors of OWNER. IN WITNESS WHEREOF, the above-bounded parties have executed this instrument in original counterparts, under their several seals this day of , 20 , the names and corporate seal of each corporate party being hereto affixed and these presents duly signed by its undersigned representative, pursuant to authority of its governing body. (Affix Corporate Seal) Attest: (Title) (Contractor) (Business Address) By: (Title) (Affix Corporate Seal) (Surety) Attest: (Business Address) Approved by OWNER: (By) (Attorney in Fact) (Title) (Date) NOTE: The Bond must be approved and the approval dated in every case. The title of the person signing must be indicated. Certified copy of Power of Attorney of signatory agent for corporate Surety must be attached in every case where corporate Surety is procured. Date of Bond must not be prior to date of Contract. CONTRACTOR’S PAYMENT BOND (PUBLIC IMRPOVEMENT) KNOW ALL MEN BY THESE PRESENTS, that as Principal, hereinafter called CONTRACTOR, and duly authorized and licensed to do business in the State of Minnesota, as Surety, hereinafter called Surety, are held and firmly bound onto as Obligee, hereinafter called OWNER, for the use and benefit of claimants as hereinafter provided in the amount of Dollars (written), ($ ), for the payment whereof CONTRACTOR and Surety bind themselves, their heirs, executors, administrators, successors and assigns, jointly and severally, firmly by these presents. WHEREAS, CONTRACTOR has by written Agreement dated Contract with OWNER for in accordance with Contract Documents prepared by , 20 , entered into a which Contract is by reference made a part hereof, and is to contain in substance the following provisions: CONTRACTOR shall pay all claims for labor performed and materials furnished, used or consumed in making the public improvement or performing the public work, including, without limitation because of specific enumeration: fuel, lumber, building materials, machinery, vehicles, tractors, equipment, fixtures, apparatus, tools, appliances, supplies, electric energy, gasoline, motor oil, lubricating oil, greases, premiums for worker’s compensation insurance and contribution for unemployment compensation. The said written agreement, drawings, specifications and amendments are hereinafter referred to as the Contract. NOW, THEREFORE, THE CONDITION OF THIS OBLIGATION, is such that, if CONTRACTOR shall faithfully perform the said Contract and pay every person entitled thereto for all the claims for labor performed and materials furnished under the Contract to be used or consumed in making the public improvement or performing the public Work as provided in the Contract, then this obligation shall be null and void; otherwise it shall remain in full force and effect; subject, however, to the following conditions: 1. No assignment, modification or change of the Agreement, or change in the Work covered thereby, or any extension of time for completion of the Contract shall release the Sureties on the bond. 2. Not later than one year after the completion of Work under this Contract, or such longer period of time as may be prescribed by law, or by the terms of any applicable special guarantee required by the Contract Documents, or by any specific provision of the Contract Documents, any party in interest may maintain an action in his own name against CONTRACTOR and the Surety upon this bond for the recovery of any damages he may have sustained by reason of the failure of CONTRACTOR to comply with the Contract or with the Contract between CONTRACTOR and his Subcontractors. If the amount realized on this bond is insufficient to satisfy all claims of the parties in full, it shall be distributed among the parties pro rata. IN WITNESS WHEREOF, the above-bounded parties have executed this instrument in original counterparts, under their several seals this day of , 20 , the names and corporate seal of each corporate party being hereto affixed and these presents duly signed by its undersigned representative, pursuant to authority of its governing body. (Affix Corporate Seal) Attest: (Title) (Contractor) (Business Address) By: (Title) (Affix Corporate Seal) (Surety) Attest: (Business Address) Approved by OWNER: (By) (Attorney in Fact) (Title) (Date) NOTE: The Bond must be approved in the case of the State by the State Official authorized to enter into such Contract, of a County by its District Attorney, of a City by its Mayor, of a Village by its President, of a Town by its Chairman, of a School District by the Director or President, and of any other Public Board or body by the presiding officer thereof. Wenck Associates, Inc. | 1800 Pioneer Creek Center | P.O. Box 249 | Maple Plain, MN 55359-0249 Toll Free 800-472-2232 Main 763-479-4200 Email wenckmp@wenck.com Web wenck.com - February 28th, 2019 Mr. McKenzie Cafferty Environmental Resources Manager City of Lakeville 20195 Holyoke Avenue Lakeville, MN 55044-8339 RE: South Creek Channel Reconstruction Project City Project No. 17-06 Dear Mr. Cafferty: I reviewed the six bids received for this project following the bid opening on Wednesday, February 27th, 2019 at 11:00 AM, at the City of Lakeville City Hall. The low bidder is Peterson Companies at $202,854.35 for the base bid alone. When considering the base bid plus the add alternate, the low bidder is Peterson Companies at $213,222.35. The Engineer’s estimate for this project is $304,025.00 (base bid) to $319,025.00 (base bid plus add alternate). There are no math errors in the bid, and the unit prices are within an acceptable range. Wenck has experience working with Peterson Companies on similar projects. Based on our experience, Wenck does not have reason to believe that the Contractor is not capable of completing this project as designed and specified. We recommend that the City of Lakeville award Peterson Companies the South Creek Hydrodynamic Separator Project, City Project No. 17-06. Sincerely, Mark Schroeher, P.E. Wenck Associates, Inc. South Creek Hydrodynamic Separator Project City Project No. 17-06 Bid Tabulation February 27, 2019 Bid Tabulations.xlsx Peterson Companies S.M. Hentges and Sons, Inc.Pember Companies Inc.Rachel Contracting, Inc. Northdale Construction Co., Inc. G.F. Jedlicki, Inc. Item No.Item Unit Estimated Quantity Unit Price Amount Unit Price Amount Unit Price Amount Unit Price Amount Unit Price Amount Unit Price Amount Base Bid 1 MOBILIZATION & DEMOBILIZATION LS 1 $17,819.00 $17,819.00 $40,000.00 $40,000.00 $13,500.00 $13,500.00 $20,400.00 $20,400.00 $25,000.00 $25,000.00 $10,550.00 $10,550.00 2 REMOVE SEWER PIPE (STORM)LF 10 $430.90 $4,309.00 $600.00 $6,000.00 $340.00 $3,400.00 $688.00 $6,880.00 $275.00 $2,750.00 $115.00 $1,150.00 3 COMMON EXCAVATON - OFFSITE (EV)CY 185 $26.27 $4,859.95 $13.00 $2,405.00 $25.00 $4,625.00 $16.00 $2,960.00 $24.75 $4,578.75 $38.00 $7,030.00 4 SALVAGE AND RESPREAD TOPSOIL SY 1200 $7.26 $8,712.00 $3.00 $3,600.00 $5.25 $6,300.00 $1.00 $1,200.00 $4.75 $5,700.00 $4.00 $4,800.00 5 TEMPORARY DEWATERING LS 1 $18,878.00 $18,878.00 $37,000.00 $37,000.00 $45,000.00 $45,000.00 $36,100.00 $36,100.00 $43,450.00 $43,450.00 $37,880.00 $37,880.00 6 GEOTEXTILE FABRIC TYPE V SY 175 $4.70 $822.50 $2.00 $350.00 $2.15 $376.25 $4.80 $840.00 $5.50 $962.50 $2.00 $350.00 7 AGGREGATE SURFACING CLASS 5 TON 100 $30.55 $3,055.00 $31.50 $3,150.00 $26.30 $2,630.00 $22.00 $2,200.00 $43.50 $4,350.00 $29.00 $2,900.00 8 STREET SWEEPER W/PICKUP BROOM HOUR 3 $170.00 $510.00 $180.00 $540.00 $130.00 $390.00 $150.00 $450.00 $225.00 $675.00 $63.00 $189.00 9 30" PVC PIPE SEWER LF 26 $129.15 $3,357.90 $230.00 $5,980.00 $200.00 $5,200.00 $255.00 $6,630.00 $209.66 $5,451.16 $127.00 $3,302.00 10 CONNECT TO EX. STORM SEWER PIPE EA 2 $819.00 $1,638.00 $6,000.00 $12,000.00 $4,000.00 $8,000.00 $2,850.00 $5,700.00 $13,500.00 $27,000.00 $3,165.00 $6,330.00 11 CONSTRUCT DRAINAGE STRUCTURE 10 FT X 10 FT BOX EA 1 $40,689.00 $40,689.00 $51,000.00 $51,000.00 $44,500.00 $44,500.00 $35,300.00 $35,300.00 $49,099.23 $49,099.23 $38,440.00 $38,440.00 12 CONSTRUCT HYDRODYNAMIC SEPARATOR EA 1 $84,605.00 $84,605.00 $106,000.00 $106,000.00 $131,500.00 $131,500.00 $80,000.00 $80,000.00 $108,850.00 $108,850.00 $134,245.00 $134,245.00 13 TRAFFIC CONTROL LS 1 $2,729.00 $2,729.00 $500.00 $500.00 $1,000.00 $1,000.00 $1,000.00 $1,000.00 $2,500.00 $2,500.00 $2,550.00 $2,550.00 14 INLET PROTECTION - MAINTAINED EA 6 $100.00 $600.00 $250.00 $1,500.00 $100.00 $600.00 $135.00 $810.00 $400.00 $2,400.00 $220.00 $1,320.00 15 SILT FENCE, TYPE MS - MAINTAINED LF 385 $5.00 $1,925.00 $2.50 $962.50 $2.40 $924.00 $3.60 $1,386.00 $5.30 $2,040.50 $3.50 $1,347.50 16 TEMPORARY CONSTRUCTION ENTRANCE MAINTAINED EA 1 $2,000.00 $2,000.00 $2,000.00 $2,000.00 $670.00 $670.00 $1,800.00 $1,800.00 $3,500.00 $3,500.00 $1,400.00 $1,400.00 17 SEED MIXTURE 25-131 SY 1,125 $4.16 $4,680.00 $0.50 $562.50 $1.60 $1,800.00 $0.60 $675.00 $0.55 $618.75 $2.00 $2,250.00 18 MULCH MATERIAL TYPE 1 SY 1,125 $1.48 $1,665.00 $1.00 $1,125.00 $1.60 $1,800.00 $0.40 $450.00 $0.83 $933.75 $2.00 $2,250.00 BASE BID TOTAL $202,854.35 $274,675.00 $272,215.25 $204,781.00 $289,859.64 $258,283.50 Add Alternate 1 A1-1 SLUICE GATE EA 1 $10,368.00 $10,368.00 $11,250.00 $11,250.00 $11,600.00 $11,600.00 $12,500.00 $12,500.00 $9,848.47 $9,848.47 $11,450.00 $11,450.00 ADD ALTERNATE 1 TOTAL $10,368.00 $11,250.00 $11,600.00 $12,500.00 $9,848.47 $11,450.00 Base Bid Plus Add Alternate 1 TOTAL PROJECT COST $213,222.35 $285,925.00 $283,815.25 $217,281.00 $299,708.11 $269,733.50