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Department of Finance - Division of Procurement & Contracts
Reference: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF BRIGHTON, COLORADO, ACTING BY AND THROUGH ITS WATER ACTIVITY ENTERPRISE, FINDING THAT GOOD CAUSE EXISTS AND THAT IT IS IN THE BEST INTERESTS OF THE CITY TO WAIVE THE FORMAL BID PROCESS FOR THE ERGER’S POND AUGMENTATION STATION CONSTRUCTION OVERSIGHT PROJECT; ACCEPTING THE PROPOSAL OF BURNS & MCDONNELL ENGINEERING COMPANY, INC., AND AWARDING THE CONTRACT FOR THE ERGER’S POND AUGMENTATION STATION CONSTRUCTION OVERSIGHT TO BURNS & MCDONNELL ENGINEERING COMPANY, INC. AS A SOLE SOURCE PROCUREMENT IN AN AMOUNT NOT TO EXCEED THREE HUNDRED EIGHTY-THREE THOUSAND FOUR HUNDRED FORTY-SIX DOLLARS ($383,446.00); AND AUTHORIZING THE MAYOR TO SIGN THE CONTRACT ON BEHALF OF THE CITY AND THE CITY CLERK TO ATTEST THERETO.
To: Mayor Kenneth J. Kreutzer and Members of City Council
Through: Philip A. Rodriguez, City Manager
Prepared By: Curtis Bauers, Director of Utilities
Date Prepared: March 12, 2018
TITLE
Award of a Sole Source Contract for the Erger’s Pond Augmentation Station Construction Oversight to Burns & McDonnell Engineering Company, Inc.
PURPOSE
To request City Council to find that good cause exists and that it is in the best interests of the City to waive the formal bid process and award the contract, as a sole-source procurement, to Burns & McDonnell, the design engineer of record, for the Erger’s Pond Augmentation Station Construction Oversight.
BACKGROUND/HISTORY
Burns & McDonnell Engineering Company, Inc. performed the design for the Erger’s Pond Augmentation Station project. Burns & McDonnell Engineering Company, Inc. also provided bidding phase services for the procurement of the construction contractors. Due to the high complexity of the design and the project, construction oversight by the design engineer is also necessary. Construction oversight will ensure that the project will be constructed in conformance with all design drawings and specifications, ultimately making certain that the City of Brighton will be receiving an optimal product. Construction oversight will include, generally, engineering meetings, compliance inspections, field directives, submittal reviews, construction administration, budget tracking, contract invoicing, contract close-out, start-up assistance, operations and maintenance manual preparation, and record drawings for this project.
Article 3-8 Contracts and Purchases §3-8-10 Definitions of the Brighton Municipal Code defines a “Sole-Source Procurement” to mean that “…only one (1) vendor possesses the unique and singularly available capability to meet the requirements of the solicitation….”. Because of its involvement of and familiarity with the Project, Burns & McDonnell Engineering Company, Inc. possesses the unique and singular capability to provide the construction oversight of the Project.
FINANCIAL IMPACT
Sufficient funding was approved in the 2018 Water Activity Enterprise Fund for the Erger’s Pond Augmentation Station Construction Oversight. The proposal from Burns & McDonnell Engineering Company, Inc. is within the budgeted amount. Staff has worked with Burns & McDonnell Engineering Company, Inc. to review and modify the scope of the construction oversight obligations. Where applicable, City staff will undertake some of the usual construction oversight duties, thus reducing the scope of work with Burns & McDonnell correspondingly.
STAFF RECOMMENDATION
In completing the review and evaluation of this proposal the recommendation is to award the construction oversight contract to Burns & McDonnell Engineering Company, Inc., as a sole-source procurement, in the amount not-to-exceed Three Hundred Eighty-Three Thousand Four Hundred Forty-Six Dollars ($383,446.00).
Burns & McDonnell Engineering Company, Inc. is in good standing with the State of Colorado.
OPTIONS FOR COUNCIL CONSIDERATION
Ø Approval as presented
Ø Reject
Ø Require new bids be prepared
Attachments:
Ø Resolution