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HomeMy WebLinkAbout11012010 City Council Packet Seward City Council A genda Packet RE: Forest Acres Levee Project Contract of sets, A P1/4 4#s /qv q�AS�P Special Cn Cou cil Meeting November 1, 2010 City Council Chambers Beginning at 6 :15 p.m. The City of Seward, Alaska Special City Council Meeting November 1, 2010 6:15 p.m. Council Chambers Willard E. Dunham 1. Call to order Mayor 2. Pledge of allegiance Term Expires 2011 3. Roll call Jean Bardarson 4. Citizens' comments on any subject except those items Vice - Mayor scheduled for public hearing. [Those who have Term Expires 2012 signed in will be given the first opportunity to speak. Time is limited to 2 minutes per speaker and 30 minutes Robert Valdatta total time for this agenda item.] Council Member Term Expires 2011 5. Approval of agenda Tom Smith 6. New Business Council Member Term Expires 2011 A. Resolutions Vanta Shafer Council Member 1. Resolution 2010 -106, Authorizing A Contract With Bristol Term Expires 2011 Construction Services, LLC In An Amount Not To Exceed $1,156,497.62, To Construct The North Forest Acres Levee /Road Marianna Keil Project, And Appropriating Funds Council Member Term Expires 2012 B. Other New Business 1. Appoint Mayor Dunham and Vice -Mayor Bardarson to conduct Ristine Casagranda salary and contract negotiations with Johanna Kinney for City Clerk Council Member Term Expires 2012 Services. 7. Council comment Phillip Oates City Manager 8. Citizens' comments Jean Lewis 9. Council and administration response to citizens' comments City Clerk 10. Adjournment Cheryl Brooking City Attorney City of Seward, Alaska Council Agenda November 1, 2010 SEWARD CITY COUNCIL NOTICE OF SPECIAL MEETING November 1, 2010 �F sF1/44 NOTICE IS HEREBY GIVEN that the Seward City '',.S Council will conduct a special meeting on the following items of business on November 1, 2010. 1. Resolution 2010 -106, Authorizing A Contract With Bristol Construction Services, LLC In An Amount Not To Exceed $1,156,497.62, To Construct The North Forest Acres Levee/Road Project, And Appropriating Funds B. Other New Business 1. Appoint Mayor Dunham and Vice -Mayor Bardarson to conduct salary and contract negotiations with Johanna Kinney for City Clerk Services. The special meeting will commence at 6:15 p.m., or as soon thereafter as business permits, in the City Council Chambers, City Hall, 410 Adams Street, Seward. All interested persons are invited to attend the meeting and participate in the discussion; or, written comments may be sent to the City of Seward, c/o City Clerk, PO Box 167, Seward, AK 99664, or e- mailed to clerk @cityofseward.net. POSTED: Thursday, October 28, 2010 at Noon REPOSTED WITH ADDITION Friday, October 29, 2010 at 3:00 p.m. City Hall Bulletin Board U.S. Post Office Harbormaster's Office SPECIAL MEETING REQUEST Pursuant to Seward City Code 2.10.030 (2), this is to serve as the written notice calling a Special Council Meeting for the purpose of: 1. Resolution 2010 -106, Authorizing A Contract With Bristol Construction Services, LLC In An Amount Not To Exceed $1,156,497.62, To Construct The North Forest Acres Levee/Road Project, And Appropriating Funds B. Other New Business 1. Appoint Mayor Dunham and Vice -Mayor Bardarson to conduct salary and contract negotiations with Johanna Kinney for City Clerk Services. Signed this 28 day of October, 2010. Mayor Ci Manager 2 Council Members Upon this request the City Clerk will give due and proper notice as required by SCC 2.10.032 (No business shall be transacted other than stated above.) Sponsored by: Oates CITY OF SEWARD, ALASKA RESOLUTION 2010 -106 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SEWARD, ALASKA, AUTHORIZING A CONTRACT WITH BRISTOL CONSTRUCTION SERVICES, LLC IN AN AMOUNT NOT TO EXCEED $1,156,497.62, TO CONSTRUCT THE NORTH FOREST ACRES LEVEE/ROAD PROJECT, AND APPROPRIATING FUNDS WHEREAS, the City of Seward issued an Invitation to Bid for the North Forest Acres Levee /Road Project on September 23, 2010, after more than ten years spent planning the project, negotiating an alignment acceptable to numerous state and federal permitting agencies and other stakeholders, obtaining funding, completing land acquisitions, and finalizing initial stages of the project including installation of drainage culverts under the Seward Highway and the railroad tracks, developing a conservation easement, relocating adjacent utilities, etc.; and WHEREAS, the federal funding for the construction of the North Forest Acres Levee /Road project is slated to expire June 30, 2011, making it important to proceed immediately with the project to accomplish as much work as possible before freeze -up in order to ensure the full utilization of federal funding; and WHEREAS, the invitation to bid was published in the Seward Phoenix LOG and in the Anchorage Daily News, and a mandatory pre -bid conference was held for the project on October 1, 2010, attended by representatives of nineteen (19) different firms; three addendums were distributed which answered questions from prospective bidders; and bids were received from fourteen (14) respondents. Only one bid was found to be non - responsive; and WHEREAS, bids ranged in price from the lowest bid of $1,156,497.62 to the highest bid of $2,624,308.83, with two other bids coming in within ten percent of the lowest bid, lending to the reasonableness of the lowest bid, and with the project engineer providing a letter explaining the process he used to ensure that the lowest bid appeared to be a reasonable and balanced bid, with no apparent omission in the estimation of costs; and WHEREAS, the lowest responsive and responsible bidder on this project is Bristol Construction Services, LLC, an affiliated entity of Bristol Bay Native Corporation, which has submitted a bid of $1,156,497.62 along with the necessary bid bond, and the administration therefore recommends approval of a contract with Bristol Construction Services, LLC for the purposes of construction the North Forest Acres Levee /Road. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF SEWARD, ALASKA that: Section 1. The City Manager is hereby authorized to enter into a contract with Bristol Construction Services, LLC in the amount of $1,156,497.62, plus a contingency not to exceed 10% ($115,649) for a total amount not to exceed $1,272,146.62, for the purpose of constructing the North CITY OF SEWARD, ALASKA RESOLUTION 2010 -106 Forest Acres Levee /Road Project, with said contingency being available for expenditure only upon an authorized contract amendment approved in writing and in advance, by the city manager. Section 2. The amount of the contract ($1,156,497.62) plus a ten percent contingency ($115,649) for a total amount not to exceed of $1,272,146.62 is hereby appropriated as follows: $1,209,235.67 from federal NRCS grant funds account no. 666 - 6661 - 4680 -0100 and $62,910.95 from state grant funds account no. 666 - 6662 - 4680 -0200 to the North Forest Acres Levee /Road contracted services accounts no. 666 - 6661 -5390 ($1,209,235.67) and 666- 6662 -5390 ($62,910.95) for the purpose of constructing the North Forest Acres Levee /Road Project. Section 3. This resolution shall take affect immediately upon its adoption. PASSED AND APPROVED by the City Council of the city of Seward, Alaska, November 1, 2010. THE CITY OF SEWARD, ALASKA Willard Dunham, Mayor AYES: NOES: ABSENT: ABSTAIN: ATTEST: Jean Lewis City Clerk (City Seal) COUNCIL AGENDA STATEMENT • Y � _ Meeting Date: November 1, 2010 lta`sKfr Through: Phillip Oates, City Manager " • From: Kristin Erchinger, Finance Director 0d' Subject: Award of Contract for Construction of North Forest Acres Levee/Road Project BACKGROUND & JUSTIFICATION The City of Seward has been pursuing construction of the North Forest Acres Levee/Road for more than a decade. The purpose of the levee /road is to mitigate severe flooding from Resurrection River which has caused multi - millions of dollars in damage to State and local infrastructure over the years. As a result of repeated flood events, FEMA compiled a flood mitigation task force in Seward in the late 1980s, consisting of representatives of FEMA, the State's emergency preparedness department, the Kenai Peninsula Borough, the City of Seward, Alaska Railroad, State Department of Transportation, and other governmental and non- governmental partners. Construction of the levee /road became the primary mitigation goal of the flood mitigation task force. Construction of the levee /road project has been repeatedly delayed due to challenges associated with obtaining agency consensus on project alignment, as well as on securing the funding and property necessary for the project. On September 20, 2010, the City began advertising an Invitation to Bid for Construction of the North Forest Acres Levee/Road Project. Ads were placed in the Seward Phoenix LOG and the Anchorage Daily News. A mandatory pre -bid conference was held on October 1, 2010. The City received a total of fourteen (14) bids. One bid was found non - responsive due to its failure to include necessary proof of contractor's licensure and State business license. Bids were opened on October 26, 2010 and bid proposal amounts were read aloud to the public. Subsequent review of bid proposals determined mathematical errors on more than one bid proposal. The final results were that bid proposals ranged from the lowest bid of $1,156,497.62 to the highest bid of $2,624,208.83. The engineer's estimated cost for the project was $1,696,030. The project engineer, Bill Nelson, has provided a letter to the City, explaining the process by which he determined the reasonableness of the bid from Bristol Construction. He has determined that based on each individual item on the bid proposal list, the bid appears to be balanced, and the unit prices for each item on the bid list appear to be reasonable when compared to the other bids. The engineer supports the City's decision to award a construction contract to Bristol Construction Services, LLC. The bid summary tabulation sheets are included in the Council agenda packet, to demonstrate the breakdown of bid items for each proposal. CONSISTENCY CHECKLIST: Where applicable, this agenda statement is consistent with the Seward City Code, Charter, Comprehensive Plans, Land Use Plans, Strategic Plan and City Council Rules of Procedures or Other Plans or Policies: (Seward Comprehensive Plan, p. 28 (section 3.8.1.3 "Mitigate Flood Hazards') "Secure funding to implement the comprehensive flood mitigation plan for Resurrection River and Japanese Creek") RESOLUTION 2010 -1 0Lp PAGE TWO FISCAL NOTE The City of Seward has approximately $1.8 million remaining for the completion of this project. Remaining funds will be needed to address production of additional rip rap for the project, as well as construction management oversight of the project by the engineer. Federal funding for the project ($1.2 million) will expire June 30, 2011, so it is critical to complete as much of the project by that time, as possible. Finance Department: ;. Lt i,ti ATTORNEY REVIEW: Yes j( No RECOMMENDATION Council approve Resolution 2010-1a, authorizing a contract with Bristol Construction Services, LLC in an amount not to exceed $1,156,497.62 plus a 10% contingency, to construct the North Forest Acres Levee/Road Project, and appropriating funds. NELSON CONSULTING ENGINEERS STRUCTURAL CIVIL ENVIRONMENTAL ENGINEERING 155 BIDARKA STREET KENAI, ALASKA 99611 (907) 283 -3583 FAX (907) 283 -4514 October 28, 2010 Kris Erchinger, Finance Director City of Seward PO Box 167 Seward Alaska 99664 RE: Seward Levee — Recommendation for Award Dear Ms. Erchinger, I have reviewed the Summary of Bids submitted for the North Forest Acres Levee and Bypass Road. Fourteen bids were submitted, of which one bid was deemed to be non - responsive since the submittal did not include required documentation of Alaska Business License and Alaska Contractor's License. The low bidder is Bristol Construction Services, LLC. Each Bidders bid price is determined by multiplying the proposed unit price by the estimated quantity for each unit of work. I reviewed each individual unit price item included on Bristol's bid to confirm that the bid appears to be balanced and to determine if it appeared that Bristol `missed' some bid cost. I performed this review by comparing Bristol's Bid with the unit price bids from firms submitting the next three lowest bids. Here are samples of some unit prices to illustrate the typical spread: Item Bristol L &N North Star Peninsula Usable Excavation $6.00 /cy $6.15 /cy 2.25/cy $8.50 /cy Dewatering $15,000 $51,250 $6,000 $17,500 Type II Classified Fill $8.55/cy $7.59/cy $5.50 /cy $9.15 /cy Owner Furnished Rip Rap $12.00 /cy $11.07 /cy $33.00 /cy $16.50 /cy In some cases, the unit prices submitted by Bristol are lower than the unit prices submitted by others, although they are not dangerously out of line. Similarly, in some cases the unit prices submitted by Bristol are higher than the unit prices submitted by others, but are also not significantly out of line. Based on review of the bids summary, it appears that Bristol has submitted a balance bid and that their unit prices for each item are reasonable when compared to the other bids. I recommend award of the contract to construct the North Forest Acres Levee and Access Road to Bristol Construction Services, LLC. Sincerely, North Forest Acres Levee Bid Summary for Bids Opened C 2:30PM October 26, 2010 Bidder Bidder Bidder Bidder Bidder Bidder Basic Bid Schedule Engineers Estimate: Granite Construction L &N Ventures Twin Peaks Peninsula Construction Bethel Services D &L Constru Item Description Estimated Unit Bid Total Unit Bid Total Unit Bid Total Unit Bid Total Unit Bid Total Unit Bid Total Unit Bid _Quantity Price Bid Price Bid Price Bid Price Bid Price Bid Price Bid Price 20.02 SWPPP - Type 3 1 $25,000.00 $25,000.00 $1,700.00 $1,700.00 $8, 200.00 $8,200.00 $48,000.00 $48,000.00 $7,250.00 $7,250.00 $144200.10 $144,200.10 $40,000.00 Lump Sum LS 20.04 Clearing and Grubbing 10 $15,000.00 $150,000.00 $15,000.00 $150,000.00 $11,398.00 $113,980.00 $18,500.00 $185,000.00 $8,100.00 $81,000.00 $15,40000 $154,000.00 $10,000.00 Acre Acre 20.10 - Usable Excavation 2000 $4.00 $8,000.00 $8.45 $16,900.00 $6.15 $12,300.00 $12.00 $24,000.00 $8.50 $17,000.00 $8.96 $17,920.00 $8.50 Per Cubic Yard Cy 20.10 - Unusable Excavation 15,200 56.00 $91,200.00 $14.00 $212,800.00 $8.97 $136,344.00 $10.50 $159,600.00 $12.00 $182,400.00 $15.40 $234,08060 $10.00 Per Cubic Yard CY 20.12 Dewatering 1 $50,000.00 $50,000.00 $10,000.00 $10, 000.00 $51, 250.00 $51,250.00 $32,500.00 $32,500.00 $17,500.00 $17, 500.00 $57,266.00 $57266.00 $69,000.00 Lump Sum LS 20.21 - Type II - Classified FiIUBacldfill 6,500 $15.00 $97,500.00 $27.00 $175,500.00 $12.79 $83,135.00 $18.00 $117,000.00 $13.40 $87,100.00 $25.30 $164,450.00 $12.50 Cubic Yard CY 20.21 - Type 11Classified FiIUBaddfill 40,000 $12.00 $480,000.00 $11.50 $460,000.00 $7.59 $303,600.00 $14.00 $560,000.00 $9.15 $366,000.00 $17.60 $704,000.00 $8.75 Cubic Yard CY 20.23 Owner Furnished Cobbles 4350 $25.00 $108,750.00 $17.00 $73,950.00 $11.20 $48,720.00 $12.00 $52,200.00 $15.75 $68,512.50 $14.30 562,205.00 $18.00 Per cubic Yard CY 20.24 Owner Furnished Class II Rip Rap 5350 $30.00 $160,500.00 $20.00 $107,000.00 $11.07 $59,224.50 $28.00 $149,800.00 $16.50 $88,275.00 $15.40 $82,390.00 $24.00 Per cubic Yard CY 20.25 Geotextile Type C Rip Rap Liner 13, 000 $5.00 $65,000.00 $2.50 $32,500.00 $1.68 $21, 840.00 $4.00 $52,000.00 $3.65 $47,450.00 $5.59 $72,670.00 $2.50 Square Yard SY 20.31 Construct Approach 4 $3,000.00 $12,000.00 $3,200.00 $12,800.00 $4,100.00 $16,400.00 $3,200.00 $12,800.00 $3,500.00 $14,000.00 $7,591.38 $30,365.52 $1,750.00 Each EA 40.11 Remove and Replace Asphalt 75 $100.00 $7,500.00 $60.00 $4,500.00 $164.00 $12, 300.00 $53.00 $3,975.00 $75.00 $5,625.00 $172.70 $12,952.50 $100.00 Square Yard SY 55.19 Construct Open Ditch 250 $50.00 $12,500.00 $10.00 $2, 500.00 $20.50 $5,125.00 $23.00 $5, 750.00 $25.00 $6,250.00 $8.80 $2200.00 $20.00 Per Lineal Foot LF 55.2(18) Culvert 18" Dia x 16 GA CMP 130 $35.00 $4, 550.00 $ 200.00 $26,000.00 $51.25 $6,662.50 $100.00 $13,000.00 $75.00 $9,750.00 $40.76 55,298.80 $90.00 Per Lineal Foot LF 65.02(1) Construction Survey Measurement I $20,000.00 $20, 000.00 $37, 500.00 $37, 500.00 $62,858.13 $62, 858.13 $57, 000.00 $57, 000.00 $30,000.00 $30, 000.00 $47,300.00 $47,300.00 $45,000.00 Per Lump Sum LS 65.02(2) Two Person Survey Crew 60 $175.00 $10,500.00 $200.00 $12,000.00 $205.00 $12,300.00 $235.00 $14,100.00 $200.00 $12,000.00 $220.00 $13,200.00 $240.00 Per Hour HR 70.11 Standard Signs 25.2 $150.00 $3,780.00 $50.00 $1,260.00 $185.64 $4,678.13 $120.00 $3,024.00 $125.00 $3,150.00 $118.60 $2,988.72 $111.00 Per square foot SF 70.12 Traffic maintenance t $ 10,000.00 $10 ,000.00 $48,000.00 $48,000.00 $7, 687.50 $7,687.50 $60,000.00 $60,000.00 $15,000.00 $15,000.00 $68,401.30 $68,401.30 $10,000.00 Lump Sum LS 70.13 Bollards 6" Dia x 7' Steel Pipe 7 $ 500.00 $ 3,500.00 $500.00 $3,500.00 $205.00 $1,435.00 $1,200.00 $8, 400.00 $ 850.00 $5,950.00 $836.63 $5,856.41 $500.00 Per Each Ea 70.19 Silt Fence 10000 $3.00 $30,000.00 $3.70 $37,000.00 $1.23 $12,300.00 $7.50 $75,000.00 $7.50 $75,000.00 $5.49 $54,890.00 $8.00 Linear Foot LF 75.03 Topsoil, 4" Thick 200 $ 400.00 $80,000.00 $400.00 $80,000.00 $153.75 $30,750.00 $ 412.00 $82,400.00 $280.00 $56,000.00 $792.39 $158,478.00 $147.00 Per thousand square feet MSF 75.04(1) Seeding, Schedule C 165 $400.00 $66,000.00 $160.00 $26,400.00 $ 144.32 $23,812.80 $235.00 $38,775.00 $130.00 $21,450.00 $176.00 $29,040.00 $147.20 Per thousand square feet MSF 75.04(2) Seeding, Schedule D 35 $350.00 $12250.00 $120.00 $4,200.00 $ 122.85 $4,299.75 $235.00 $8,225.00 $120.00 $4200.00 $168.00 $5,880.00 $123.05 Per thousand square feet MSF SP Water for Seeding 300 $75.00 $22,500.00 $50.00 $15,000.00 $50.74 $15,222.00 $48.00 $14,400.00 $50.00 $15,000.00 $156.80 $47,040.00 $6300 Per thousand gallons M.gal SP - Mobilization and Demobilization t $125,000.00 $125,000.00 $90,000.00 $90,000.00 $97, 877.25 $ 97,877.25 $248,000.00 $248,000.00 $105,000.00 $105,000.00 $407236.48 $407236.48 $135,000.00 Lump Sum LS SP - Force Account Work 1 $40 ,000.00 $40,000.00 $40,000.00 $40, 000.00 $40, 000.00 $40, 000.00 $40 ,000.00 $40,000.00 $40,00000 $40, 000.00 $40,000.00 $40,000.00 $40,000.00 Contingent Sum CS Total Basic Bid: $1,696,030.00 $1,681,010.00 $1,192,301.56 $2,064,949.00 $1,380,862.50 $2,624,308.83 North Forest Acres Levee Bid Summary for Bids Opened @ 2:30PM October 26, 2010 Bidder Bidder Bidder Bidder Bidder Basic Bid Schedule Engineers Estimate: ction Bristol Construction Prosser -Dagg NorthStar Paving Metco, Inc. Central Enviroi Item Description Estimated Unit Bid Total Total Unit Bid Total Unit Bid Total Unit Bid Total Unit Bid Total Unit Bid Quantity Price Bid Bid Price Bid Price Bid Price Bid Price _Bid Price 20.02 SWPPP - Type 3 1 $25.000.00 $25, 000.00 $40.000.00 $8.700.00 $8,700.00 $7.500.00 $7,500.00 $3,500.00 $3,500.00 $15,000.00 $15.000.00 $10.000.00 Lump Sum LS 20.04 Clearing and Grubbing 10 $15,000.00 $150,000.00 $100,000.00 $14,625.00 $146,250.00 $18,500.00 $185,000.00 $16,873.00 $168,730.00 $18,000.00 $180,000.00 $3,000.00 Acre Acre 20.10 -1 Usable Excavation 2000 $4.00 $8,000.00 $17,000.00 $6.00 $12,000.00 $5.00 $10,000.00 $2.25 $4,500.00 $10.00 $20,000.00 $13.79 Per Cubic Yard Cv 20.10 - Unusable Excavation 15,200 $6.00 $91,200.00 $152,000.00 $5.00 $76,000.00 $10.00 $152,000.00 $13.19 $ 200,488.00 $6.50 $98.800.00 $21.65 Per Cubic Yard Cv 20.12 Dewatering 1 $50,000.00 $50,000.00 $69,000.00 $15,000.00 $15, 000.00 $5, 000.00 $5, 000.00 $6, 000.00 $6,000.00 $4,000.00 $4,000.00 $10,000.00 Lump Sum LS 20.21 - Type II - Classified Fill/Backlfill 6,500 $15.00 $97,500.00 $81,250.00 $12.85 $83,525.00 $19.00 $123,500.00 $11.00 $71,500.00 $17.50 $113,750.00 $20.24 Cubic Yard Cv 20.21 - Type 11Classified FilUBacklfill 40,000 $12.00 $480, 000.00 $350,000.00 $8.55 $342,000.00 $13.00 $520,000.00 $5.50 $220,000.00 $14.50 $580,000.00 $12.50 Cubic Yard Cv 20.23 Owner Furnished Cobbles 4350 $25.00 $108,750.00 $78,300.00 $10.50 $45,675.00 $15.00 $65,250.00 $17.00 $73,950.00 $23.50 $102,22600 $17.50 Per cubic Yard Cv 20.24 Owner Furnished Class II Rip Rap 5350 $30.00 $160,500.00 $128,400.00 $12.00 $64,200.00 $15.00 $80,250.00 $33.00 $176,550.00 $25.00 $133,750.00 $18.00 Per cubic Yard CY 20.25 Geotextile Type C Rip Rap Liner 13, 000 $5.00 $65, 000.00 $32, 500.00 $2.00 $26, 000.00 $2.50 $32,500.00 $2.00 $26,000.00 $1.80 $23,400.00 $1.50 Square Yard sv 20.31 Construct Approach 4 $3,000.00 $12,000.00 $7, 000.00 $2, 250.00 $9,000.00 $5,000.00 $20,000.00 $1,000.00 $4,000.00 $3,000.00 $12.000.00 $1,000.00 Each EA 40.11 Remove and Replace Asphalt 75 $100.00 $7,500.00 $7,500.00 $50.00 $3,750.00 $100.00 $7,500.00 $200.00 $15,000.00 $100.00 $7.500.00 $75.00 Square Yard SY 55.19 Construct Open Ditch 250 $50.00 $12,500.00 $5,000.00 $7.50 $1,875.00 $25.00 $6,250.00 $5.00 $1,250.00 $25.00 $6250.00 $10.00 Per Lineal Foot LF 55.2(18) Culvert 18" Dia x 16 GA CMP 130 $35.00 $4,550.00 $11,700.00 $61.75 $8,027.50 $100.00 $13,000.00 $65.00 $8,450.00 $70.00 $9,100.00 $61.00 Per Lineal Foot LF 65.02(1) Construction Survey Measurement 1 $20, 000.00 $20, 000.00 $45, 000.00 $66, 000.00 $66, 000.00 $45, 000.00 $45,000.00 $41,000.00 $41,000.00 $40 .000.00 $40,000.00 $67,000.00 Per Lump Sum LS 65.02(2) Two Person Survey Crew 60 $175.00 $10,500.00 $14,400.00 $325.00 $19,500.00 $200.00 $12,000.00 $1.15 $69.00 $200.00 $12,000.00 $350.00 Per Hour HR 70.11 Standard Signs 25.2 $150.00 $3, 780.00 $2, 797.20 $79.37 $2,000.12 $200.00 $5,040.00 $100.00 $2,520.00 $80.00 $2,016.00 $190.00 Per square foot SF 70.12 Traffic maintenance i $ 10,000.00 $10,000.00 $10,000.00 $34,000.00 $34,000.00 $14,000.00 $14,000.00 $13,086.00 $13,086.00 $4,000.00 $4,000.00 $19.000.00 Lump Sum LS 70.13 Bollards 6" Dia x T Steel Pipe 7 $500.00 $3,500.00 $3,500.00 $950.00 $6, 650.00 $800.00 $5, 600.00 $ 300.00 $2,100.00 $300.00 $2,10060 $1200.00 Per Each Ea 70.19 Silt Fence 10000 $3.00 $30, 000.00 $80,000.00 $2.50 $25, 000.00 $3.00 $30,000.00 $4.00 $40,000.00 $7.50 $75,000.00 $3.75 Linear Foot LF 75.03 Topsoil, 4" Thick 200 $400.00 $80,000.00 $29,400.00 $175.00 $35,000.00 $360.00 $72,000.00 $50.00 $10,000.00 $350.00 $70,000.00 $425.00 Per thousand square feet MSF 75.04(1) Seeding, Schedule C 165 $ 400.00 $66,000.00 $24,288.00 $98.00 $16,170.00 $185.00 $30,525.00 $190.00 $31,350.00 $150.00 $24,750.00 $185.00 Per thousand square feet MSF 75.04(2) Seeding, Schedule D 35 $350.00 $12,250.00 $4,306.75 $115.00 $4,025.00 $150.00 $5250.00 $180.00 $6,300.00 $80.00 $2,800.00 $165.00 Per thousand square feet MSF SP-4 Water for Seeding 300 $75.00 $22,500.00 $18,900.00 $5.50 $1,650.00 $60.00 $18,000.00 $50.00 $15,000.00 $60.00 $18,000.00 $95.00 Per thousand gallons Meal SP - Mobilization and Demobilization 1 $125,000.00 $125,000.00 $ 135, 000.00 $64, 500.00 $64, 500.00 $30, 000.00 $30, 000.00 $82, 157.00 $82,157.00 $5,586.00 $5,586.00 $125,000.00 Lump Sum LS SP - Force Account Work i $40, 000.00 $40, 000.00 $40, 000.00 $40, 000.00 $40, 000.00 $40, 000.00 $40, 000.00 $40, 000.00 $40, 000.00 $40,000.00 $40,000.00 $40,000.00 Contingent Sum CS Tidal Basic Bid: $1,696,030.00 $1,487,241.95 $1 $1,535,165.00 $1,263,500.00 $1,602,027.00 North Forest Acres Levee Bid Summary for Bids Opened @ 2:30PM October 26, 2010 Bidder Bidder Bidder ,Basic Bid Schedule Engineers Estimate: rmental Herndon Construction Renegade - Non - responsive Phillips & Jordan Item Description Estimated Unit Bid Total Total Unit Bid Total Unit Bid Total Unit Bid Total _Quantity Price Bid Bid Price Bid Price Bid Price Bid 20.02 SWPPP - Type 3 1 $25,000.00 $25,000.00 $10,000.00 $19,580.00 $19, 560.00 $0.00 $22,000.00 $22,000.00 Lump Sum LS 20.04 Clearing and Grubbing 10 $15,000.00 $150,000.00 $30,000.00 $12,457.67 $ 124,576.70 $0.00 $9,850.00 $98,500.00 Acre Acre 20.10 -1 Usable Excavation 2000 $4.00 $8,000.00 $27,580.00 $8.28 $16,560.00 $0.00 $1.15 $2,300.00 Per Cubic Yard cv 20.10 - Unusable Excavation 15, 200 $6.00 $91,200.00 $329,080.00 $8.14 $123,728.00 $0.00 $4.40 $66,880.00 Per Cubic Yard cv 20.12 Dewatering 1 $50,000.00 $50,000.00 $10,000.00 $95,638.84 $95,638.84 $0.00 $14,975.00 $14,975.00 Lump Sum LS 20.21 - Type II Classified FiIVBacklfill 6,500 $15.00 $97,500.00 $131,560.00 $28.20 $183,300.00 $0.00 $14.65 $95,225.00 Cubic Yard cv 20.21 - Type IlClassified FiIVBacklfill 40.000 $12.00 $480,000.00 $500,000.00 $16.50 $660,000.00 $0.00 $13.30 $532,000.00 Cubic Yard cv 20.23 Owner Furnished Cobbles 4350 $25.00 $108,750.00 $76, 125.00 $67.44 $293,364.00 $0.00 $9.80 $42,630 Per cubic Yard cv 20.24 Owner Furnished Class II Rip Rap 5350 $30.00 $ 160, 500.00 $96, 300.00 $65.03 $347,910.50 $0.00 $9.80 $52,430.00 Per cubic Yard cv 20.25 Geotextile Type C Rip Rap Liner 13,000 $5.00 $65,000.00 $19,500.00 $7.80 $101,400.00 $0.00 $4.90 $63,700.00 Square Yard Sv 20.31 Construct Approach 4 $3.000.00 $12,000.00 $4,000.00 $4,649.06 $18 ,596.24 $0.00 $6,500.00 $26,000.00 Each EA 40.11 Remove and Replace Asphalt 75 $100.00 $7, 500.00 $5, 625.00 $69.30 $5,197.50 $0.00 $66.65 $4,998.75 Square Yard Sv 55.19 Construct Open Ditch 250 $50.00 $12,500.00 $2,500.00 $17.05 $4,262.50 $0.00 $150.00 $37,500.00 Per Lineal Foot LF 55.2(18) Culvert 18" Dia x 16 GA CMP 130 $35.00 $4,550.00 $7,930.00 $56.70 $7,371.00 $0.00 $130.00 $16,900.00 Per Lineal Foot LF 65.02(1) Construction Survey Measurement 1 $20 ,000.00 $20,000.00 $67,000.00 $24, 750.00 $24, 750.00 $0.00 $97,500.00 $97,500.00 Per Lump Sum LS 65.02(2) Two Person Survey Crew 60 $175.00 $10,500.00 $21,000.00 $247.50 $14,850.00 $0.00 $370.00 $22,200.00 Per Hour HR 70.11 Standard Signs 25.2 $150.00 $3,780.00 $4,788.00 $149.75 $3,773.70 $0.00 $148.00 $3,729.60 Per square foot SF 70.12 Traffic maintenance 1 $ 10,000.00 $10,000.00 $19,000.00 $98, 575.53 $98 ,575.53 $0.00 $2,995.00 $2,995.00 Lump Sum LS 70.13 Bollards 6" Dia x 7' Steel Pipe 7 $ 500.00 $3, 500.00 $8,400.00 $775.39 $5,427.73 $0.00 $1,875.00 $13,125.00 Per Each Ea 70.19 Silt Fence 10000 $3.00 $30, 000.00 $37, 500.00 $3.95 $39,500.00 $0.00 $5.85 $58,500.00 Linear Foot LF 75.03 Topsoil, 4" Thick 200 $400.00 $80, 000.00 $ 85,000.00 $307.44 $61,488.00 $0.00 $132.25 $26,450.00 Per thousand square feet MSF 75.04(1) Seeding, Schedule C 165 $400.00 $66,000.00 $30,525.00 $ 140.80 $ 23,232.00 $0.00 $250.00 $41,250.00 Per thousand square feet MSF 75.04(2) Seeding, Schedule D 35 $350.00 $12,250.00 $6,475.00 $117.70 $4,119.50 $0.00 $275.00 $9,625.00 Per thousand square feet MSF SP Water for Seeding 300 $75.00 $22,500.00 $28,500.00 $41.67 $12,501.00 $0.00 $91.00 $27,300.00 Per thousand gallons Mi1ai SP - Mobilization and Demobilization 1 $125,000.00 $125,000.00 $125,000.00 $196,283.76 $ 196,283.76 $0.00 $210,000.00 $210,000.00 Lump Sum LS SP - Force Account Work t $40,000.00 $40,000.00 $40,000.00 $40,000.00 $40, 000.00 $0.00 $40,000.00 $40,000.00 Contingent Sum CS Total Bask Bid: $1, 696, 030.00 $1,723, $2,525, 986.50 $0_00 $1,628,713.33 CITY OF SEWARD NORTH FOREST ACRES LEVEE /ROAD PROJECT CONSTRUCTION CONTRACT THIS CONTRACT is dated as of the this day of , in the year 2010 by and between: City of Seward (hereinafter called OWNER) PO Box 167 Seward, Alaska 99664 and, Bristol Construction Services, LLC (hereinafter Called CONTRACTOR) 111 W. 16th Avenue, Third Floor Anchorage, AK 99501 OWNER AND CONTRACTOR, in consideration of the mutual covenants hereinafter set forth, agree as follows: a. WORK CONTRACTOR shall complete all Work as specified or indicated in the Contract Documents. The Project for which the Work under the Contract Documents may be the whole, or only a part, is generally described as follows: NORTH FOREST ACRES LEVEE AND ACCESS ROAD b. ENGINEER The Project is being coordinated by Wm. J. Nelson & Associates who is hereinafter called Engineer and who will assume all duties and responsibilities and will have the rights and authority assigned to ENGINEER in the Contract Documents in connection with completion of the Work in accordance with the Contract Documents. c. CONTRACT TIME & LIQUIDATED DAMAGES The CONTRACTOR hereby agrees to commence work under this CONTRACT within 10 days of issuance of Notice to Proceed by the Owner, to substantially complete all work by September 15, 2011, and to fully complete the project by October 1, 2011. As an incentive to complete the project by June 18, 2011, the CONTRACTOR will earn an incentive bonus of $45,000 if the project is 85% or more complete by June 18, 2011. Liquidated Damages. OWNER and CONTRACTOR recognize that time is of the essence 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 Contract Documents. They also recognize the delays, expense and difficulties involved in proving in a legal 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 Five Hundred dollars ($500.00) for each calendar day after September 15, 2011, until the Work is substantially complete. Further, should the contractor fail to fully complete the project by October 1, 2011, Contractor will be assessed liquidated damages of $200.00 per calendar day until construction completion is satisfied. Contractor Owner 1 d. CONTRACT PRICE The Contract price shall be an amount equal to the sum of the established unit price bid for each separately identified item listed on the Basic Bid Schedule times the estimated quantity of that item however, Owner shall pay Contractor for performance of the Work, in accordance with the Contract Documents, an amount equal to the sum of the established unit price bid for each separately identified item listed on the Basic Bid Schedule, times the actual quantity of that item that is constructed and accepted. The Contract price, based on the established unit prices for the Basic Bid Schedule, and the estimated quantities is: $1,156,497.62 (One million one hundred fifty six thousand four hundred ninety seven dollars and sixty two cents). The Contract price shall not exceed $1,156,497.62 including all base items, additional work, and change orders, without prior written approval of a contract amendment by the city manager. e. PAYMENT PROCEDURES The Contractor shall submit to the Engineer an Application for Payment, on the forms furnished, supported by such data as the Engineer may require substantiating the Contractor's right to payment, for Work done during the preceding calendar month. The Engineer will, within seven (7) days after receipt of the Application for Payment, either approve a Partial Payment Estimate and present it to the Contractor for signature or notify the Contractor in writing his reasons for withholding approval. Approved Partial Payment Estimates shall be received by the Owner within (5) days after execution by the Contractor. The Owner will process Partial Payment Estimates and make payment to the Contractor within fifteen (15) days after Owner approval of the Partial Payment Estimate. If the Owner fails to make payment to the Contractor within forty -five (45) days of receipt of the Partial Payment Estimate, the Contractor may, upon seven (7) days written notice to the Owner and Engineer, suspend the Work. The Contractor shall take every precaution to prevent any damage or unreasonable deterioration of the Work during the time it is suspended. Retainage: The Owner will retain ten percent (10 %) of the total earnings to date until the Work is completed and accepted. However, if the Owner at any time after fifty percent (50 %) of the Work has been completed determines that satisfactory progress is maintained, the Owner may continue to hold the retainage to date and authorize progress payment to the Contractor in full for Work performed beyond the fifty percent (50 %) stage of completion. After ninety-five percent (95 %) of the Work has been satisfactorily completed, the Owner may reduce the retainage to two percent (2 %) of the earnings to date. The Owner shall pay interest on retainage withheld. No interest shall accrue and no interest shall be paid on sums which are withheld as provided for hereinafter. 1.Withholding: In addition to retainage, the Owner may withhold from a progress payment for any of the following reasons: A. Defective work: Claims by Subcontractors, suppliers, laborers, or the Alaska Department of Labor; Claims made directly against the Owner alleging an act or omission on the part of the Contractor, Subcontractors, or their agents in connection with the Work. B. Damage to the Owner: Reimbursements for Work done by the Owner because of any failure to carry out the Work in accordance with the Contract Documents; C. Liquidated Damages: Progress payments shall not be construed as an acceptance or approval of any part of the Work covered thereby and they shall in no manner relieve the Contractor of responsibility for defective workmanship or material. Contractor Owner 2 The estimates upon which progress payments are based are not represented to be accurate estimates, and all quantities shown therein are subject to correction in the final estimate. If the Contractor uses such estimates as a basis for making payment to Subcontractors, Contractor does so at Contractor's risk and Contractor shall bear all loss that may result. The making of progress payment under the Contract, either before or after the date set for completion of the Work, shall not operate to invalidate any of the provisions of the Contract or to release the Surety. 2. Payment of Claimants Any claim received by the Owner against the Contractor or Subcontractors from any worker, laborer, supplier, subcontractor, or the Alaska Department of Labor will be forwarded to the Contractor by certified mail as soon as practical following receipt by the Owner. Thirty days after the Contractor's receipt of the said notice, the Owner shall be authorized by the Contractor to pay the claim from the earnings of the Contractor unless the Contractor has notified the Owner and Engineer in writing by certified mail that the said claim is contested or proof that it has been paid. Only upon receipt of such notice is the Owner's authority to pay the claim revoked. Revocation of authority to pay a claim shall not prohibit the Owner from paying any claim, levy or attachment under compulsion of law. Sums withheld pursuant to disputed claims will not be paid to the claimant except where compelled by legal authority. Such sums may be paid to the Contractor upon the filing of a statement by the Contractor and Contractor's Surety on the form furnished by the Engineer stating that: (1) the Contractor contests the validity of the claim; (2) that the Surety acknowledges responsibility for the payment of the claim in the event it is valid and; (3) that the Contractor and the Surety specifically agree to hold the Owner harmless for making payment to the Contractor of the sums withheld. In the event that the Contractor revokes authority to pay a claimant as provided herein and refuses to execute the said statement referenced above, the Owner may institute an interpleader action in Superior Court, Third Judicial District, and all Court costs and attorney's fees incurred by the Owner shall be paid by the Contractor or the Surety. Claimants are not intended beneficiaries of this Article and shall have no recourse against the Owner for any failure to pay claims from sums withheld from the Contractor. 3. Final Payment Upon acceptance of the Work, the Owner will accept a request for the Final Payment. The retainage shall be held by the Owner for a period of not less than 90 days following the Final Acceptance for the Work. No Final Payment shall be made until the Contractor has filed with the Engineer, prior to acceptance of the Work, a notarized Certificate of Compliance in the form substantially as follows: I (we) hereby certify that all Work has been performed and materials supplied in accordance with the Contract Documents for the above Work, that all payroll taxes have been paid, and that all claims for material and labor and other services performed in connection with these Contract Documents have been satisfied. Three releases also necessary before final payment: i. Project Completed - Contractor's Affidavit of Payment of Debts and Claims ii. Project Completed - Contractor's Affidavit of Release of Liens iii. Project Completed — Consent of Surety Company to Final Payment. There shall be deducted from the final payment any sums withheld pursuant to payment of claims. Contractor Owner 3 4. Correction of Work after Final Payment Neither the final payment nor any progress payment shall relieve the Contractor of responsibility for faulty materials or workmanship and Contractor shall remedy any defects due thereto and pay for any damage resulting there from which appear within a period of one year from the Final Acceptance Date. The Owner shall give notice of observed defects with reasonable promptness. The Contractor shall initiate corrective action within five (5) days after written notification from the Owner. f. CONTRACTOR'S REPRESENTATIONS In order to induce OWNER to enter into this CONTRACT, CONTRACTOR makes the following representations: CONTRACTOR has become familiar with the nature and extent of the Contract Documents, Work locality, and with all local conditions and Federal, State and local laws, ordinances, rules and regulations that in any manner may affect cost, progress or performance of the Work. CONTRACTOR agrees that Contractor has exercised Contractor's own judgment regarding the interpretation of subsurface information and that if awarded the CONTRACT, will make no claim against the OWNER or the ENGINEER if, in carrying out the Work, Contractor finds that the actual subsurface conditions encountered do not conform to those indicated by previous borings, test excavations, or other subsurface investigations. CONTRACTOR has made or caused to be made examinations, investigations, tests and studies of any reports and related data in addition to those provided as Contractor 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. CONTRACTOR has correlated the results of all such observations, examinations, investigations, tests, reports and data with the terms and conditions of the Contract Documents. CONTRACTOR agrees to remedy all defects appearing in the work or developing in the materials furnished and the workmanship performed under this CONTRACT for a period of 1 year after the date of acceptance of the Work by the OWNER and further agrees to indemnify and save the OWNER harmless from any costs encountered in remedying such defects. CONTRACTOR has given Engineer written notice of all conflicts, errors or discrepancies that Contractor has discovered in the Contract Documents and the written resolution thereof by ENGINEER is acceptable to CONTRACTOR. CONTRACTOR agrees that the Payment Bond and Performance Bond given by the Contractor to secure the proper compliance with the terms and provisions of this Contract, are made a part hereof. g. CONTRACT DOCUMENTS The Contract Documents which comprise the entire agreement between OWNER and CONTRACTOR are included with this CONTRACT, made a part hereof and consists of the following: 1. Project Manual - Consisting of the following: PART 1 - Bidding and Contract Documents A. Invitation to Bid Contractor Owner 4 B. Project Directory C. Bid Proposal D. Addendum Acknowledgment E. Alaska and Seward Business Licenses, Contractors License F. G. Non - Collusion Affidavit H. Corporate Acknowledgment I. Contract J. Contractor's Affidavit of Payment of Debts and Claims K. Contractor's Affidavit of Release of Liens L. Bid Bond M. Performance Bond N. Labor and Material Payment Bond 0. Application for Payment Form PART 2: Special Provisions, including Municipality of Anchorage Standard Specifications, 2009 Edition, as modified herein. PART 3: Modifications to the Technical Specifications PART 4 MINIMUM WAGE RATES PART 5 PERMITS 5.1 FISH HABITAT PERMIT FH 08 -V -0129 5.2 U.S. ARMY CORPS OF ENGINEERS PERMIT POA- 2000 -52 -M1 5.3 Alaska Railroad Permit No. 9426 PART 5: Drawings Consisting of sheets numbered 1, 2, 3, 4, 5, 6, 7, 8, 9, and 10 inclusive with each sheet bearing the general title of: North Forest Acres Levee and Access Road PART 6: All requirements of laws, ordinances, regulations, licenses and taxes. PART 7: Any modifications, including change orders, duly delivered and executed after execution of this CONTRACT. There are no Contract Documents other than those listed above. The Contract Documents may only be altered, amended or repealed by a written modification. h. MISCELLANEOUS Terms used in this CONTRACT which are defined in Contract Documents shall have the meanings indicated in the Contract Documents. No assignment by a party hereto of any rights under or interests in the Contract Documents will be binding on another party hereto without the written consent of the party sought to be bound; and specifically but without limitation, moneys that may become due and moneys that are 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 Contractor Owner 5 no assignment will release or discharge the assignor from any duty or responsibility under the Contract Documents. OWNER and CONTRACTOR each binds themselves, their partners, successors, assigns and legal representatives in respect to all covenants, agreements and obligations contained in the Contract Documents. IN WITNESS WHEREOF, the parties hereto have executed, or caused to be executed by their duly authorized officials, this CONTRACT in two counterparts each of which shall be deemed an original on the date first above written. OWNER: City of Seward BY: NAME: TITLE: ATTEST BY: City Clerk STATE OF ALASKA ) )ss. THIRD JUDICIAL DISTRICT ) THIS IS TO CERTIFY that on this day of , 2010, being personally known to me or having produced satisfactory evidence of identification, appeared before me and acknowledged the voluntary and authorized execution of the foregoing instrument on behalf of said Owner. NOTARY PUBLIC FOR ALASKA My Commission Expires: Contractor Owner 6 CONTRACTOR: Bristol Construction Services, LLC BY: NAME: TITLE: (SEAL) STATE OF ALASKA )ss. THIRD JUDICIAL DISTRICT ) THIS IS TO CERTIFY that on this day of , 2010, (title) , of , being personally known to me or having produced satisfactory evidence of identification, appeared before me and acknowledged the voluntary and authorized execution of the foregoing instrument on behalf of said Corporation. NOTARY PUBLIC FOR ALASKA My Commission Expires: Contractor Owner 7 November 20 10 November 2010 December 2010 S M T W T F S S M T W T F S 1 2 3 4 5 6 1 2 3 4 7 8 9 10 11 12 13 5 6 7 8 9 10 11 14 15 16 17 18 19 20 12 13 14 15 16 -17 18 21 22 23 24 25 26 27 19 20 21 22 23 24 25 28 29 30 26 27 28 29 30 31 Monday Tuesday Wednesday Thursday Friday • -r 1 2 3 4 5 6:15pm Special Meeting General Election 6:30pm HP Work Session 7 :00pm Town Hall 7:00pm CC WS (Budget (Library) Meeting -Rae Bldg. Modifications) 6:30pm P&Z Work Session (Economic 7:30pm P&Z Meeting Development) 8 9 10 . 11 12 11 5:30pm C Surveillance) (Cmera Veterans Day (Offices Closed) 7:00pm City Council Community Meeting Library & Museum Building Committee (Library Basement) i I _ - 15 16 17 , 1 - - 18 19 6:30pm P&Z Work Session 12:00pm PACAB Work 9:00am Social Security Session Rep 6:30pm Historic Preservation Meeting I � - - -- 2 -_ 23 24 25 (Offices 26 6:OOpm CC WS (Capital Happy Thanksgiving Offices fi� (Offices Closed) Budget) 7:00pm City Council Meeting j l 294 30 I' I ; ' i I Nanci Richey 1 10/29/2010 2:50 PM December 20 10 December 2010 January 2011 S M T W T F S S M T W T F S 1 2 3 4 1 5 6 7 8 9 10 11 2 3 4 5 6 7 8 12 13 14 1516 17 18 9 10 11 12 13 14 15 19 20 21 22 23 24 25 16 17 18 19 20 21 22 26 27 28 29 30 31 23 24 25 26 27 28 29 30 31 Monday Tuesday Wednesday Thursday Friday December 1 2 3 12:00pm PACAB Meeting 7:00pm Fish & Game j Advisory 1 I , i i 6 .._ 7 8,.. 9, 10 7:30pm'P&Z Meeting I 11 :30am Seward Community Library & Museum Building I Committee' (Library Basement) ,d"' v `'" 13 1 • 15 16, 17 5:30pmFW: Fish 12:00P111 PACAB Work 9:00am Social Security Enhancement Session Rep Work Session 6:30pm (Jeff Milton) Preservation 7 :00pmCity Council Meeting Meeting 20 21 22 231, 6 :30pmP&Z Work Session 12 :00pm Offices Close at , � Merry.Chrj s tmas_ (Offices Cloy, boon 1 27� 28 '_ 29 30 31 7:00pm City Council �ryappy New Year (Offices. lo5 Meeting 1 , Nanci Richey 2 10/29/2010 2:50 PM