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HomeMy WebLinkAboutFrickson Brothers Excavating-8/25/2014Mayor BUCK CLARK COUNCIL MEMBERS DAVID JONES Ward 1 CAROLYN COLE Ward 2 PAT MORRISSEY Ward 3 QUENTIN HART Ward 4 RON WELPER Ward 5 TOM LIND At -Large STEVE SCHMITT At -Large CITY OF WATERLOO, IOWA COMMUNITY PLANNING AND DEVELOPMENT 715 Mulberry Street • Waterloo, Iowa 50703-5783 • (319) 291-4366 Fax (319) 291-4262 NOEL C. ANDERSON, Community Planning & Development Director Council Communication City Council Meeting: 08/25/14 Prepared: 08/19/14 Dept. Head Signature/- # of Attachments: SUBJECT: Resolution approved award of contract to Frickson Brothers Excavating for an amount not to exceed $17,556 for the Sherwood Bollard Installation Services. Submitted by: Aric Schroeder, City Planner Recommended City Council Action: Award a contract for the Sherwood Bollard Installation Services to Frickson Brothers Excavating, and authorize the Mayor and City Clerk to sign the contract. Summary Statement: This is an award of contract for services under our approved REAP Grant to install 510 barricades (bollards) in the Sherwood Park area around the three gates across the roads in the area, and along Greenwood Avenue. Expenditure Required: $17,556 Source of Funds: REAP Grant (08GRT SHERWD) Policy Issue: Alternative: N/A Background Information: On 8/8/11 the City Council authorized the submittal of an application for a Resource Enhancement and Protection (REAP) Grant for Sherwood Park Recreation Area and Hartman Reserve Expansion. On 10/31/11 the City of Waterloo received official notice that the City was awarded funding under the program in accordance with the scope of work and budget that was included in our application that was submitted and approved by the IDNR. On 1/23/12 the City Council authorized the agreement between IDNR and the City of Waterloo, which has subsequently been executed. The total REAP grant budget is $193,400.00 and does not require a local match. In November of 2013 RFP's were requested for this project but none were received. That bid also included acquisition and installation of gates and an alternate for a gravel parking CITY WEBSITE: wwwci.waterloo.ia.us WE'RE WORKING FOR YOU! An Equal Opportunity/Affirmative Action Employer area. The work for the parking lot was completed in house between City staff and Black Hawk County Conservation staff, as was the installation of temporary gates. The permanent gates are now being rebid, but as part of a separate RFP from the bollards covered with this project. The City of Waterloo recently completed the Hazard Mitigation Grant Program (HMGP) flood buyout project, which involved the acquisition and demolition of multiple properties in the Sherwood Park area. The City of Waterloo and the Black Hawk County Conservation Department are jointly working on a Sherwood Park Recreation Area and Hartman Reserve Expansion Master Plan detailing the proposed land use for the area. The City of Waterloo has recently taken action to vacate the streets in the Sherwood Park area, and to lease portions of the area to the Black Hawk County Conservation Board as an extension of the Hartman Reserve Nature Center. As part of the plan for the area, three locations were identified to place gates across the road to prevent public vehicular access. There are still some properties that are privately owned, and as part of the vacate of the streets, these owners were provided access easements and it was indicated that they would be provided keys to the gate. The streets will remain open to the public for pedestrian and bicycle access. The gates are being designed so that there are pedestrian openings along either side of the gates. Installation of the gates and bollards will help to eliminate some of the illegal activity that occurs in the area. The City of Waterloo is seeking proposals for bollard installation in connection with the REAP grant project and have prepared a Request for Proposal (RFP) and Contract for Sherwood Bollard Installation Services to install approximately 364 bollards to prevent public vehicular access to the area. Leisure Services staff will acquire the bollards and provide them to the selected contractor. The RFP provides all the proposal (bid) specifications, terms and conditions, as well as the scope of work and details on the method of evaluation. The RFP calls for a per bollard lump sum cost. Proposals for the Sherwood Bollard Installation Services were received from three firms, including Boulder Contracting of Grundy Center, IA, Frickson Brothers Excavating of Evansdale, IA, and Miller Fence & Flag of Waterloo, IA. Frickson Brothers was the low bidder, and staff recommends that we proceed to award the contract to Frickson Brothers. Please note that bids were provided on a per bollard installation price based on an estimated amount of 364 bollards, however the bid specs noted that the resulting contract would either increase or decrease the total number of bollards at the per bollard price bid based on available grant funding. The proposed contract is to include 510 bollards, which at the per bollard prices bid puts the contract total at $17,556. Please find attached a copy of the contract to be executed. If you have any questions or need any additional information on this matter, please contact our office. cc: Noel Anderson, Community Planning & Development Director Path: K:\USERS\ARIC-S\City of Waterloo\council letters\RFPs Bids Contracts and Agreements for Goods or Services \11-06-13 Council Communication for RFP and Contract for Sherwood Gate Acquisition and Installation Project.doc Bid Tab for Request for Proposals for Sherwood Bollard Installation Services August 7, 2014 1:00 p.m. Bid Opening Estimate: $28,000 BID TAB FOR RFP FOR SHERWOOD BOLLARD INSTALLATION SERVICES - 2014 5% Guarantee by certified check or bid bond (yes or no) Bollard Installation (one bollard involving street cut) Bollard Installation (per bollard unit price to install 363 bollards) Bollard Installation (price extension total to install 363 bollards) Total bid (street cut bollard price + total for 363 bollards) Boulder Contracting Grundy Center, IA Yes $750.00 $92.00 $33,396 $34,146.00 Frickson Brothers Excavating, Evansdale, IA Yes $250.00 $34.00 $12,342 $12,592 Miller Fence & Flag Waterloo, IA Yes $135.00 $47.50 $17,242.50 $17,377.50 BID TAB FOR RFP FOR SHERWOOD BOLLARD INSTALLATION SERVICES - 2014 CONTRACT FOR SHERWOOD BOLLARD INSTALLATION SERVICES This Contract for Sherwood Bollard Installation Services (the "Contract") is entered into as of September 1, 2014, by and between the City of Waterloo, Iowa ("City") and Frickson Brothers Excavating ("Contractor"). In consideration of the mutual promises exchanged herein, the parties agree as follows: 1. Services. For a period of two (2) months after the date of this Contract, subject to extension upon the mutual written agreement of the parties, the Contractor agrees to furnish all supervision, technical personnel, labor, materials, tools, machinery, services, and perform and substantially complete all work within the time period stated in the specifications after receipt of Notice to Proceed with respect to a given property or set of properties. Work to be performed includes all work described in the Contract Documents (defined below). Contractor shall provide the above goods and services at the cost set forth in Contractor's RFP response. Contractor will be paid lump sum for all goods provided and services performed and accepted. Contractor's request for payment for services authorized under this Contract will be paid within sixty (60) days after receipt of an original invoice and after such goods and services are delivered and accepted. Contractor will be paid for all items satisfactorily completed. Such payment will be full compensation for all work performed, for all permits, licenses, inspections, for complying with all laws, rules, regulations and ordinances, including safety, and for furnishing all materials, equipment and labor to complete the work, in accordance with the specifications. 2. Contract Documents. The following documents (collectively, the "Contract Documents") are hereby incorporated by reference as though set forth herein in full: a. Request for Proposal and all attachments therein b. Addenda c. Response (Proposal) from the Contractor, including Bid Tabulation d. Specifications for Gates and Gate Installation e. Signature Page f. Insurance Requirements In the event of conflict between the provisions of the Contract Documents and this Contract, the provisions of this Contract shall prevail. 2.1 Contract Limits. Total actual expenses allowed by the project Contract, including any renewal extensions of the Contract, shall not exceed $250.00 per bollard for the one bollard within the paved (P.C.C.) shoulder of the roadway and $34.00 per bollard for all other bollards, for a total lump sum of $ 17,556, except by written amendment as provided herein. The Contract shall include installation of 510 bollards in total (including the one within the paved shoulder). 3. Approval; Timing of Work. Contractor shall not begin work until after the Contract has been approved by the city council and the Contractor has been issued a Notice to Proceed. 4. Performance Bond. Contractor will be required to furnish bond in an amount equal to one hundred percent (100%) of the contract price and shall be issued by a responsible surety acceptable to the City. The bond shall guarantee the faithful performance of the contract and the terms and conditions therein contained, shall guarantee the prompt payment of all materials and labor and protect and save harmless the City from claims and damages of any kind arising out of the performance of this contract. 5. Reserved. 6. Indemnity. Except as to any negligence of City, its officials, officers, employees or agents, in the performance of any duty under this Contract, and to the extent not covered by insurance maintained by Contractor, Contractor agrees to defend and indemnify US Government, FEMA, State of Iowa, and City, the officials, officers, employees, agencies and agents of each, and to hold same harmless, from and against any and all claims, demands, causes of action, losses, costs, or liabilities whatsoever, including but limited to reasonable attorneys' fees and expenses, arising from or in connection with the acts or omissions of Contractor in providing the goods and services contemplated by this Contract. This will include but is not limited to actions or suits based upon or alleging bodily injury, including death, or property damage rising out of or resulting from the Contractor's operation under this Contract, whether by itself or by any subcontractor or anyone directly or indirectly employed by any of them. Contractor is not and shall not be deemed an agent or employee of the City. 7. Property Damage. Contractor shall be responsible for all damage to public or private property. Contractor shall have one responsible person at the job site at all times when project activities are undertaken. Contractor shall keep a report of all damage. If public or private property is damaged by Contractor and is not repaired in a timely manner as determined by City, City has the option of having the damage repaired at the Contractor's expense, to be reimbursed to the City or withheld from future payments to Contractor hereunder. 8. Default Termination for Cause. In the event that Contractor defaults in the performance or observance of any covenant, agreement or obligation set forth in this Contract, and if such default remains uncured for a period of seven (7) days after notice thereof shall have been given by City to Contractor (or for a period of fourteen (14) days after such notice if such default is curable but requires acts to be done or conditions to be remedied which, by their nature, cannot be done or remedied within such 7 -day period and thereafter Contractor fails to diligently and continuously prosecute the same to completion within such 14 -day period), then City may declare that Contractor is in default hereunder and may take any one or more of the following steps, at its option: a. by mandamus or other suit, action or proceeding at law or in equity, require Contractor to perforin its obligations and covenants hereunder, or enjoin any acts or things which may be unlawful or in violation of the rights of the City hereunder, or obtain damages caused to the City by any such default; 2 b. have access to and inspect, examine and make copies of all books and records of Contractor which pertain to the project c. declare a default of this Contract, make no further disbursements, and demand immediate repayment from Contractor of any funds previously disbursed under this Contract; d. terminate this Contract by delivery to Contractor of written notice of termination; and/or e. take whatever other action at law or in equity may be necessary or desirable to enforce the obligations and covenants of Contractor hereunder, including but not limited to the recovery of funds. No delay in enforcing the provisions hereof as to any breach or violation shall impair, damage or waive the right of City to enforce the same or to obtain relief against or recover for the continuation or repetition of such breach or violation or any similar breach or violation thereof at any later time or times. In the event that City prevails against Contractor in a suit or other enforcement action hereunder, Contractor agrees to pay the reasonable attorneys' fees and expenses incurred by City. 9. Termination for Convenience. This Contract may be terminated at any time, in whole or in part, upon the mutual written agreement of the parties. City may also choose to terminate this Contract at any time by delivering to Contractor 10 -days' advance written notice of intent to terminate. 10. Non -Assignable Duties. Contractor may not assign its duties hereunder without the prior written consent of City. 11. independent Contractor. Contractor is an independent contractor and is not an employee, servant, agent, partner, or joint venturer of City. Contractor has no power or authority to enter into contracts or agreements on behalf of City. City shall determine the work to be done by Contractor, but Contractor shall determine the legal means by which it performs the work specified by City. City is not responsible for withholding, and shall not withhold, FICA or taxes of any kind from any payments which it owes Contractor. Neither Contractor nor its employees, if any, shall be entitled to receive any benefits which employees of City are entitled to receive and shall not be entitled to workers' compensation, unemployment compensation, medical insurance, life insurance, pension, or any benefits of any type or nature whatsoever on account of their work for City. Contractor shall be solely responsible for compensating its employees, if any. 12. Anti -Discrimination. During the performance of this Contract, Contractor, for itself, its assignees and successors in interest, agrees to comply with the anti -discrimination laws of the State of Iowa, as contained in Chapters 19B and 551 of the Code of Iowa, which are herein incorporated by reference and made a part of this Contract. 13. Severability. In the event any provision of this Contract, together with the Contract Documents, is held invalid, illegal, or unenforceable, whether in whole or in part, the remaining provisions of this Contract shall not be affected thereby and shall continue in full 3 force and effect. If, for any reason, a court finds that any provision of this Contract is invalid, illegal, or unenforceable as written, but that by limiting such provision it would become valid, legal, and enforceable, then such provision shall be deemed to be written and shall be construed and enforcesd as so limited. 14. General Terms. This Contract, together with the Contract Documents, constitutes the entire agreement between the parties pertaining to the subject matter hereof. This Contract may not be modified or amended except pursuant to the mutual written agreement of the parties. This Contract is binding on the parties and the heirs, personal representatives, successor and assigns of each. Time is of the essence in the performance of the terms hereof. IN WITNESS WHEREOF, the parties have executed this Contract for Sherwood Gate Acquisition and Installation Services as of the date first set forth above. CITY Of WATERLOO, I,• W B mest G. Clark, Mayor 4 FRICKSON BROTHERS EXCAVATING Robert Frickson, Authorized Representative