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HomeMy WebLinkAboutresolution.council.039-93 RESOLUTION NO.-..~q Series of 199~ -- A RESOLUTION APPROVING AN AGREEMENT BETWEEN THE CITY OF ASPEN, COLORADO, AND BOSCOE-FRIEDLAND CONSTRUCTORS, INC. FOR THE EAST WATER TREATMENT PLANT MODIFICATIONS, AND AUTHORIZING THE CITY MANAGER TO EXECUTE SAID AGREEMENT ON BEHALF OF THE CITY OF ASPEN, COLORADO· WHEREAS, there has been submitted to the City Council an agreement between the City o~ Aspen and Boscoe-Friedland Constructors, Inc., a true and accurate copy of which is attached hereto as Exhibit "A"; NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF ASPEN, COLORADO: That the City Council of the City of Aspen hereby approves that agreement between the City of Aspen and Boscoe~Friedland Constructors, Inc. for the East Water Treatment Plant Modifications, a copy of which is annexed hereto and incorporated herein, and does hereby authorize the City Manager to execute said agreement on behalf of the City of Aspen. INTRODUCED, READ AND ADOPTED by the City Council of the City of Aspen on the o~/tr dayof ~~ ,1993. · Bennett, Mayor I, Kathryn S. Koch, duly appointed and acting City Clerk do certify that the foregoing is a true and accurate copy of that resolution adopted by the City Council of the City of Aspen, Co~rad~!. ~t a meeting held on the day hereinabove stated. Kathry~!5/S. Koch, City Clerk A~REEMENT This AGREEMENT made and entered into as of the date hereinafter stated, between the CITY OF ASPEN, Colorado, ("Owner") and Bosco-Fr±edland Constructors, ("Contractor"). WHEREAS, the Owner has caused to be prepared, in accordance with the law, specifications and other contract documents for the Work herein described, and has approved and adopted said documents, and has caused to be published, in the manner for the time required by law, an advertisement, for the project titled: City of Aspen East Water Treatment Plant Modifications ;and WHEREAS, the Contractor, in response to such advertisement, or in response to direct invitation, has submitted to the Owner, in the manner and at the time specified, a sealed Bid in accordance with the terms of said Invitation for Bids; and WHEREAS, the Owner, in the manner prescribed by law, has publicly opened, examined, and canvassed the Bids submitted in response to the published Invitation for Bids therefore, and as a result of such canvass has determined and declared the Contractor to be the lowest responsible and responsive bidder for the said Work and has duly awarded to the Contractor an Agreement therefore, for the sum or sums named in the Contractor's Bid; NOW, THEREFORE, in consideration of the payments and Agreement hereinafter mentioned: 1. The Contractor shall commence and complete the construction of the Work as fully described in the Contract Documents. 2. The Contractor shall furnish all of the material, supplies, tools, equipment, labor and other services necessary for the construction and completion of the Work described herein. 3. The Contractor shall commence the work required by the Contract Documents within seven (7) calendar days after the date of the NOTICE TO PROCEED and will complete the same by the date and time indicated in the Supplementary Conditions, unless the time is extended in accordance with appropriate provisions in the Contract Documents. 4. The Contractor agrees to perform all of the Work described in the Contract Documents and comply with the terms therein for the sum of Five hundred fifty-two thousand, three hundred forty and 69/100 DOLLARS ($552,340.69 ), or as shown on the Bid Schedule. 5. The term "Contract Documents" means and includes the documents listed in the General Conditions. The Contract Documents are included herein by this reference and made a part hereof as if fully set forth here, AG-1 6. The Owner shell pay to the Contractor in the manner and at such time 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. Notwithstanding anything to the contrary contained herein or in the Contract Documents, this Agreement shall be subject to the City of Aspen Procurement Code, Chapter 3 of the Municipal Code, including approval requirements of Section 3-1 1. This Agreement shall not be binding upon the Owner unless duly executed by City Manager or the Mayor of the City of Aspen (or a duly authorized official in his absence) following a Resolution of the Council of the City of Aspen authorizing the City Manager or Mayor (or a duly authorized official in his absence) to execute the same. IN WITNESS WHEREOF, the parties hereto have executed, or caused to be executed by their duly authorized officials, this Agreement in three copies each of which shall be deemed an original on the date hereinafter written. Dated: OWNER: ATTESTED BY: CiTY OF ASPEN, COLORADO CONTRACTOR: isco-~r~and Constructors, ]-nc. ~(sign-ature/title) (Joseph BoscO) ATTESTED BY: AG-2 CITY OF ASPEN City Attorney's Office 130 South Galena Aspen, Colorado 81611 (303)' 920-5055 MEMORANDUM TO: Bob Gish FROM: John P. Worceste~ DATE: May 17, 1993 RE: Contract Documents for East Water Plant Modifications I have reviewed the Contract Documents that you gave me. They look fine except for the following: 1. Since we still don't know what the warranty will be that is spelled out in the Supplementary Conditions, we will need to make some changes to the Agreement before it goes out if the warranty will be anything other than what is currently described in the Contract Documents as a result of Council action. 2. The Certificates of Insurance need to be amended to ensure that the City gets 30 days advance notice of cancellations, etc. The language of the certificates currently read: "will endeavor to ...". They should be "shall". Also, there needs to be a full 30 days prior notice and not just 10 days. 3. You will need to make sure the Scope of Work incorporates only the work we want with regard to the chlorination room. If the Contract Documents need to be amended, let SGM know so we are all working off the same page. Thanks. MEM©R~2qDUM TO: Mayor and City Council THRU: Amy Margerum, City Manage4t~~//,.~ FROM: Robert Gish, Public Works Director DATE: May 19, 1993 RE: East Water Plant Renovation SUMMARY: Over the past year city staff and Schmueser Gordon Meyer have reviewed and made recommendations for the renovation of the East Water Plant. City Council authorized corrective work and funding for the repair. Schmueser Gordon Meyer prepared bidding documents and the bid results are tabulated on Attachment A. City staff recommends that the renovation contract be awarded to Bosco Friedland after the scope of work and warranty issues are discussed with City Council. PREVIOUS CITY COONCIL ACTION: Ordinance 59-92 authorized $589,000.00 for the East Water Plant repair and $20,000.00 for an engineering evaluation and design of the clearwell barreling system. The modifications to the baffeling system are state mandated to increase chlorine contact time. City staff will return to City Council for funding complete the construction of this baffeling system. The 1992 Asset Management Plan also authorized $87,000.00 for chlorination work for the East Water Plant. This work has been combined into the East Water Plant Renovation Project. An engineering contract in the amount of $95,600.00 was awarded to Schmueser Gordon Meyer on November 9, 1992 by resolution 59-92 to design, construct and inspect all of the work authorized by City Council. BACKGROUND: The bid documents were difficult to assemble to both meet the needs of the City of Aspen and the contractor. Our bidding documents identified as much risk as possible to minimize the cost to the City of Aspen. City Council was very clear in their direction to staff that they wanted included in the contract, an unconditional warranty for the repair work for five years. The general contractors and specialty subcontractors were prequalified by the City of Aspen and Schmueser Gordon Meyer before the issuance of the bidding documents. In the preconstruction meeting the general contractors and subcontractors were concerned about the leak repair and warranty aspects of the bidding process. Mayor and City Council May 19, 1993 Page Two The project scope was bid as follows: Mobilization/Demobilization Chlorine Storage Building Chlorinator Room Modifications Underdrain Block Installation Filter Media Installation Electric General Electric Instrumentations/Controls Electric Stray Voltage Electric Service Relocation Surface Wash Valve Replacement Filter to Waste Valve Replacement Air and Vacuum Valve 1" Top/Saddle and Corp Valve Leak Repair to Filter Bays, Clearwell and Water Launders ALTERNATES Add for alternate 2, chlorine room (Building adjacent to existing structures) Add/deduct for clay tile underdrain blocks Bosco Friedland was the low bidder for the project and their bid submittal was as follows: Base Bid/Leak Repair $552,340.69 *Add/Chlorine Building $ 25,895.00 Add/Tile - 0 - *The City of Aspen elected not to have the chlorine building next to adjacent structures. Mayor and City Council May 19, 1993 Page Three The attached signed contract with Bosco Friedland reflects a base bid of $552,340.69 for the original scope of work with an unconditional one year warranty. This base bid also includes the removal of the filter media and drain tile if warranty work is necessary up to one year. This contract does not include the replacement of the tile or the replacement of the filter media. The City Attorney's Office reviewed the contract documents and are noted on Attachment C. After discussions with City Council, ail of these issues will be addressed before the contract is awarded. Resolution :~q is Attachment D awarding the contract and the contract is Attachment E. WARRANTY WORK DISCUSSION: City staff will review with City Council an unconditional one and five year warranty price from the contractor. There are risks involved by the contractor and risks which could be taken by the City of Aspen to reduce our costs. City staff does not recommend an unconditional one year or five year warranty amounts. City staff recommends setting this money aside in the Water Fund. The general contractor would add to the base bid $208,000.00 to warrant the replacement of all filter media and drain tile for all eight filter bays. The total add to the contract to unconditionally guarantee the repair work for five years with the replacement of the filter media and tile could be negotiated between $334,000 - $418,000 depending on material and labor price escalations. FINANCIAL IMPLICATIONS: Staff will be asking for additional $31,825.00 in funding to be transferred from the Water Fund to the Construction Fund for the completion of the project. To date the City of Aspen has spent $90,000.00 on this project including engineering, advertisement, planning fees, building department fees, filter and drain tile removal. RECOMMENDATION: City staff recommends that City Council authorize additional funding for the project and approve the contract of Bosco Friedland as the General Contractor. ALTERNATIVES: City Council could elect not to proceed with the project. CITY COUNCIL MOTION: I move to approve Resolution ~ for the construction contract to Bosco Friedland in the amount of $552,340.69, authorize an additional $31,825.00 to be transferred from the Water Fund to the Construction Account and authorize staff to proceed on the project with the scope of work discussed with City Council today. All issues addressed in John Worcester's memo of May 17, 1993 must be satisfied before the contract is awarded. Mayor and City Council May 19, 1993 Page Four Attachments: A. Bid Results B. Project Estimates C. Worcester Memo Dated May 17, 1993 D. Resolution ~ E. Bosco Friedland Contract 4 ATTACHMENT A General Contractor Bid Results - West Water Plant Renovation Add/Deduct Add/Deduct Attached Clay Tile Contractor Total Base Chlorine Room Underdrain Bosco-Friedman $388,026.00 $25,895.00 0 CHS Construction $432,000.00 $75,000.00 $5,500.00 Gould Construction $463,380.00 $30,000.00 <$5,000.00> Civil No Bid Schmueser Associates No Bid Leak Repair Subcontractors With Bosco Frieclland as General Contractor GC OH Total Bid For Leak W/1 Year Restoration Specialties GC Base Bid Contract Warran _ty Base Bid $130,802.00 $388,026.00 $17,348.00 $536,176.00 Alternate 1 $147,052.00 $388,026.00 $19,503.00 $554,581.00 Premier Specialties Base Bid $156,353.00 $388,026.00 $20,737.00 $565,116.00 Alternate 1 No Bid Restructural Corporation Base Bid $565,590.00 $388,026.00 $75,012.00 $1,028,628.00 Alternate 1 No Bid Huhn Construction Base Bid $115,200.00 $388,026.00 $15,279.00 $518,505.00 Alternate 1 No Bid Western Waterproofing Base Bid $145,074.00 $388,026.00 $19,241.00 $552,340.00 Alternate I No Bid 5 ATFACHMENT B Revised Project Estimates - After Bidding Bosco Friedland Base Bid with Leak Repair $552,340.00 SGM Contract $ 95,600.00 Building/Planning Fees $ 4,000.00 Media Removal East Plant $ 9,600.00 Advertising Fees $ 2,000.00 Drain Tile Removal East Plant $ 12,000.00 Dispose Tile/Filter Media $ 2,085.00 City of Aspen Staff Engineer $ 15,000.00 Turbidimeter Calibration $ 200.00 Testing $ 5,000.00 Contingency $ 30,000.00 Total * $727,825.00 · Plus Additions for Extended Warranty and Filter Media Replacement Funding Approvals to Date East Plant Repairs $589,000.00 Clearwell Evaluation/Design $ 20,000.00 Chlorination Building $ 87,000.00 Total $696,000.00 6 A(~REEMENT This AGREEMENT made and entered into as of the date hereinafter stated, between the CITY OF ASPEN, Colorado, ("Owner") and Bo$co-Friedland Constructors, Inc. ("Contractor"). WHEREAS, the Owner has caused to be prepared, in accordance with the law, specifications and other contract documents for the Work herein described, and has approved and adopted said documents, and has caused to be published, in the manner for the time required by law, an advertisement, for the project titled: Clt¥ of Aspen East Water Treatment Plant Modifications ;and WHEREAS, the Contractor, in response to such advertisement, or in response to direct invitation, has submitted to the Owner, in the manner and at the time specified, a sealed Bid in accordance with the terms of said Invitation for Bids; and WHEREAS, the Owner, in the manner prescribed by law, has publicly opened, examined, and canvassed the Bids submitted in response to the published Invitation for Bids therefore, and as a result of such canvass has determined and declared the Contractor to be the lowest responsible and responsive bidder for the said Work and has duly awarded to the Contractor an Agreement therefore, for the sum or sums named in the Contractor's Bid; NOW, THEREFORE, in consideration of the payments and Agreement hereinafter mentioned: 1. The Contractor shall commence and complete the construction of the Work as fully described in the Contract Documents. 2. The Contractor shall furnish all of the material, supplies, tools, equipment, labor and other services necessary for the construction and completion of the Work described herein. 3. The Contractor shall commence the work required by the Contract Documents within seven (7) calendar days after the date of the NOTICE TO PROCEED and will complete the same by the date and time indicated in the Supplementary Conditions, unless the time is extended in accordance with appropriate provisions in the Contract Documents. 4. The Contractor agrees to perform all of the Work described in the Contract Documents and comply with the terms therein for the sum of F±ve hundred fifty-two thousand three hundred forty and 69/100 DOLLARS ($552,340.69), or as shown on the Bid Schedule. 5. The term "Contract Documents" means and includes the documents listed in the General Conditions. The Contract Documents are included herein by this reference and made a part hereof as if fully set forth here. AG-1 6. The Owner shall pay to the Contractor in tho manner and at such ti. me 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. Notwithstanding anything to 'the contrary contained herein or in the Contract Documents, this Agreement shall be subject to the City of Aspen Procurement Code, Chapter 3 of the Municipal Code, including approval requirements of Section 3-1 1. This Agreement shall not be binding upon the Owner unless duly executed by City Manager or the Mayor of the City of Aspen (or a duly authorized official in his absence) following a Resolution of the Council of the City of Aspen authorizing the City Manager or Mayor (or a duly authorized official in his absence) to execute the same. IN WITNESS WHEREOF, the parties hereto have executed, or caused to be executed by their duly authorized officials, this Agreement in three copies each of which shall be deemed an original on the date hereinafter written. Dated: OWNER: ATTESTED BY: CITY OF ASPEN, COLORADO CONTRAOTOR: ~ ~___ . ~ , President ~ (signature/title) (Joseph Bosco) ATTESTED BY: AG-2 Date: May 24, 1993 Bosco-Friedland Constructors, Inc. 10 Inverness Drive East, Suite 100 Englewood, Colorado 80112 RE: East Water Treatment Plant Modifications -N0~¢O of Award Dear Sirs : This is to inform you that f011owing the opening of bids of April 1 6 , 1993, for the above-referenced project, all bids received were evaluated in accordance with the criteria set forth in the Invitation for Bids and a determination was made that your bid was the lowest responsible and responsive bid. Accordingly, the City of Aspen hereby accepts your bid to perform the work outlined in the Bid Documents for an amount not to exceed Five hundred fifty-two thousand three hundred forty and 69/100 Dollars ($ 55? ~ n0_ ~o ), subject to approval by the City Council of the City of Aspen. This contract wili be presented to the City Council for their approval on May 24 , 1993. Your attendance at this meeting is not necessary, although you are certainly welcome to attend. In accordance with the provisions set forth in the Contract Documents, you must comply with the following conditions precedent within ten (10) days of the date of this Notice of Award, that is by 12:00 noon, June 3 ,1993: 1. You must deliver to the City of Aspen three (3) fully executed counterparts of the Agreement including the Contract Documents. 2. You must deliver with the executed Contract the completed Certificate of Incorporation. 3. You must deliver the Contract Security. 4. You must deliver proof of insurance coverage, with the City of Aspen named as co-insured, as specified in the Bid Package and proof of Workmen's Compensation coverage. Failure to comply with these conditions within the time specified will entitle the City of Aspen to consider your bid abandoned, to annul this Notice of Award, and to declare your Bid Security forfeited. BD-10 Within ten (10) days after you comply with these conditions or following City Council approval, whichever occurs last, the City of Aspen will return to you one fully signed counterpart of the Contract, together with the Notice to Proceed, Thank you for your bid and congratulations on being the successful bidder for this project; Sincerely, CITY OF ASPEN Amy Ma/~iCerum, City Mana{~er / BD-1 1