Public Works Committee (Ceased May 2022)

City of Spearfish Public Works Committee Agenda September 15, 2020 4:15 p.m. City Council Chambers, 625 N. 5th Street, Spearfish 1. Engineering A. Approve the final Under/Over Change Order #2 for the Pickle Ball Court Project 1 for a net increase of $12,864.02 (increase of $15,042.02 and a decrease of $2,178.00); final project cost totaled $72,613.64 with the original contract amount of $54,397.52. 1) Authorize Mayor Boke sign the Certificate of Final Completion and Acceptance setting September 21, 2020 as the date the two (2) year warranty begins. B. Authorize Mayor Boke to sign an Easement Agreement for a proposed 5-foot sidewalk along Hillsview Road as part of the Exit 8 Area Community Path Project. C. Authorize Mayor Boke to sign a Driveway Agreement for 511 W. Jackson Blvd. 2. Human Resources A. Consent Agenda – Add Kordel Chmela, Jacob Powell, Bridger Janvrin and Brock Pentheny to the rec center referees list. B. Consent Agenda – Hire Sidney Forsch as part-time (not benefit eligible), recreation assistant, grade 7, step 1, $13.13 per hour, effective 9/22/2020. 3. Public Works A. Award the lowest responsive and responsible bid for the 2020 Airport Perimeter Wildlife Exclusion Fence Project bid to Quinn Construction at a total of $1,279,870.50. B. Award the lowest responsive and responsible bid for the Sky Ridge Development Infrastructure Project Phase 1, with name of contractor and amount to be available at committee meeting. 4. Public Comment September 2, 2020 Mr. Dustin Lee Public Works Director City of Spearfish 625 N. 5th Street Spearfish, SD 57783 Re: Construct Perimeter Wildlife Exclusion Fence AIP 3-46-0065-027-2020 Bid Results Dear Dustin: We have reviewed the two bids received, opened, and publicly read on Thursday, July 30, 2020 for the above referenced project to construct a perimeter wildlife exclusion fence at the Clyde Ice Field / Black Hills Airport. Each of the bids contained the required bid bonds and noted a Buy American Waiver would not be required. Enclosed is a Bid Tabulation indicating the responsive bidders and bid amounts, together with the Consultant’s Opinion of Cost. The bids were reviewed for any mathematical errors and no errors were noted within the bids. The responsive low bid received for the perimeter wildlife exclusion fence was from Quinn Construction, Inc. of Rapid City, South Dakota in the base bid amount of $1,279,870.50. The Consultant’s Opinion of Cost for the construction was $1,987,000.00. The remaining bid received was from RCS Construction, Inc. of Rapid City, South Dakota in the amount of $1,571,741.18. It is our understanding that these construction activities are ultimately planned to be funded through a Federal Aviation Administration Airport Improvement Program Supplemental grant to be announced within the coming week as the FAA fiscal year ends on September 30, 2020. The grant activities will be funded with 100% federal funds with no local or state matching funds. Funding will include your balance of your annual FAA entitlement funding; FAA discretionary funding and the normal 10% matching funds will be included in CARES Act monies. Quinn Construction, Inc. is a Disadvantaged Business Enterprise (DBE) firm certified in South Dakota and indicated a participation of 91.56 percent within their bidding documents which exceeds the Airport’s current established DBE Goal for 2020 of 4.24% participation. The Airport will not need to do anything more to address this FAA provision. Quinn Construction, Inc. indicated with their bid that that 100 percent of the cost of all the components on the project and their final assembly has or will occur in the United States which meets the Airport’s requirements regarding the Federal Aviation Administration’s requirements for the Buy American Program. The Airport will not need to do anything more to address this FAA provision.  It is the recommendation of KLJ Engineering that the City of Spearfish and Clyde Ice Field / Black Hills Airport proceed with the awarding of a contract for the construction of the perimeter wildlife exclusion fence project to Quinn Construction, Inc. in the amount of their total construction bid of $1,279,870.50 contingent upon the issuance of a Federal Aviation Administration grant to fund all of the costs associated with this project. Based on recent discussion with the FAA DAK-MIN Airports District Office the City should anticipated that grant to be offered during the first two weeks of September 2020. Upon the City awarding the contract, we will prepare three (3) original documents of the Notice of Award which can be executed by the City to be returned to our office for coordination with the Contractor. If you should have any questions or need additional information regarding this perimeter wildlife exclusion fence construction project, please feel free to contact our office at your convenience. Sincerely, KLJ Rod Senn, PE Project Manager Enclosure(s): 1 – Bid Tabulation 3 – Notice of Award Documents Project #: 2005-00309  BID TABULATION Black Hills Airport / Clyde Ice Field Construct Perimeter Wildlife Exclusion Fence AIP #3-46-0065-027-2020 KLJ #2005-00309 Engineer's Opinion of Quinn Construction, Inc. RCS Construction, Inc. Construction Cost Rapid City, SD Rapid City, SD Item Description Qty. Unit Unit Cost Total Cost Unit Cost Total Cost Unit Cost Total Cost Total Bid Schedule 1 - General Construction Bid 1 Mobilization 1 L.S. $ 170,316.00 $ 170,316.00 $ 100,000.00 $ 100,000.00 $ 50,270.40 $ 50,270.40 2 Traffic Control 1 L.S. 2,200.00 $ 2,200.00 7,000.00 $ 7,000.00 7,640.12 $ 7,640.12 3 Pavement Removal 169 S.Y. 20.00 $ 3,380.00 14.00 $ 2,366.00 6.72 $ 1,135.68 4 Clearing and Grubbing 2 Acre 20,000.00 $ 44,000.00 3,500.00 $ 7,700.00 9,114.02 $ 20,050.84 5 Excavation 50 C.Y 10.00 $ 500.00 25.00 $ 1,250.00 12.01 $ 600.50 6 Excavation (OnSite Borrow) 258 C.Y 20.00 $ 5,160.00 25.00 $ 6,450.00 12.01 $ 3,098.58 7 Aggregate Base Course SDDOT 260 30 C.Y 45.00 $ 1,350.00 60.00 $ 1,800.00 63.18 $ 1,895.40 8 Gravel Surface Course SDDOT 260 60 C.Y 55.00 $ 3,300.00 80.00 $ 4,800.00 63.18 $ 3,790.80 9 8-inch PCC Pavement 155 S.Y. 110.00 $ 17,050.00 160.00 $ 24,800.00 104.72 $ 16,231.60 Remove and Dispose Existing Barbed Wire 10 37,962 L.F. 1.50 $ 56,943.00 1.50 $ 56,943.00 0.65 $ 24,675.30 Fence Remove and Dispose Existing Chain-Link 11 374 L.F. 3.00 $ 1,122.00 10.00 $ 3,740.00 9.64 $ 3,605.36 Fence Remove and Dispose Existing Electrical 12 2 Each 1,000.00 $ 2,000.00 350.00 $ 700.00 212.23 $ 424.46 Sliding Gate 13 18-Inch Reinforced Concrete Pipe, Cl.4 52 Each 90.00 $ 4,680.00 80.00 $ 4,160.00 190.84 $ 9,923.68 14 18-Inch RC End Section, Cl.4 2 L.F. 1,150.00 $ 2,300.00 850.00 $ 1,700.00 1,246.92 $ 2,493.84 15 10-Foot Chain-Link Fence 2,890 L.F. 50.00 $ 144,500.00 48.00 $ 138,720.00 72.26 $ 208,831.40 16 10-Foot Woven Wire Fence 32,520 L.F. 35.00 $ 1,138,200.00 20.00 $ 650,400.00 27.01 $ 878,365.20 17 18-Foot Chain-Link Sliding Vehicle Gate 4 Each 10,000.00 $ 40,000.00 5,500.00 $ 22,000.00 6,238.15 $ 24,952.60 16-Foot Chain-Link Double Swing Vehicle 18 1 Each 7,500.00 $ 7,500.00 1,400.00 $ 1,400.00 3,022.61 $ 3,022.61 Gate 24-Foot Woven Wire Double Swing Vehicle 19 11 Each 5,000.00 $ 55,000.00 1,300.00 $ 14,300.00 1,929.32 $ 21,222.52 Gate 24-Foot Chain-Link Double Swing Vehicle 20 1 Each $ 5,000.00 $ 5,000.00 $ 2,000.00 $ 2,000.00 $ 3,614.27 $ 3,614.27 Gate 5-Foot Chain-Link Single Swing Pedestrian 21 7 Each 1,500.00 $ 10,500.00 400.00 $ 2,800.00 2,012.93 $ 14,090.51 Gate 22 Weed Control Application 35,698 L.F. 0.50 $ 17,849.00 0.25 $ 8,924.50 0.15 $ 5,354.70 10-Foot Steel Chain Box Culvert Fence 23 28 L.F. 200.00 $ 5,600.00 350.00 $ 9,800.00 391.45 $ 10,960.60 Section 24 10-Foot Steel Chain and Rubber Mat Fence 120 L.F. 450.00 $ 54,000.00 400.00 $ 48,000.00 502.53 $ 60,303.60 25 Seeding 16 Acre 2,000.00 $ 32,000.00 1,100.00 $ 17,600.00 1,286.22 $ 20,579.52 26 Mulching 16 Acre 2,500.00 $ 40,000.00 2,750.00 $ 44,000.00 3,215.54 $ 51,448.64 27 Bioroll 500 L.F. 3.50 $ 1,750.00 6.50 $ 3,250.00 3.86 $ 1,930.00 Total Bid Schedule 1 - General Construction Bid $ 1,866,200.00 $ 1,186,603.50 $ 1,450,512.73  BID TABULATION Black Hills Airport / Clyde Ice Field Construct Perimeter Wildlife Exclusion Fence AIP #3-46-0065-027-2020 KLJ #2005-00309 Engineer's Opinion of Quinn Construction, Inc. RCS Construction, Inc. Construction Cost Rapid City, SD Rapid City, SD Item Description Qty. Unit Unit Cost Total Cost Unit Cost Total Cost Unit Cost Total Cost Total Bid Schedule 2 - Electrical Construction 1 Mobilization 1 L.S. $ 11,926.25 $ 11,926.25 $ 4,500.00 $ 4,500.00 $ 4,501.76 $ 4,501.76 No. 6 AWG, CU, Type THWN Cable, 2 280 L.F. 1.75 $ 490.00 $ 1.10 $ 308.00 $ 1.54 $ 431.20 Installed in Trench, Duct Bank or Conduit No. 6 AWG, Insulated, Stranded Equipment 3 Ground, Installed in Trench, Duct Bank or 140 L.F. 1.50 $ 210.00 $ 1.10 $ 154.00 $ 1.54 $ 215.60 Conduit No. 8 AWG, CU, Type THWN Cable, 4 270 L.F. 1.50 $ 405.00 $ 1.00 $ 270.00 $ 1.41 $ 380.70 Installed in Trench, Duct Bank or Conduit No. 8 AWG, Insulated, Stranded Equipment 5 Ground, Installed in Trench, Duct Bank or 135 L.F. 1.25 $ 168.75 $ 1.00 $ 135.00 $ 1.41 $ 190.35 Conduit 6 Non-Encased Electrical Conduit, 2" PVC 20 L.F. 5.00 $ 100.00 $ 15.00 $ 300.00 $ 17.62 $ 352.40 Airport Obtruction Lights with Solar Power 7 10 Each 250.00 $ 2,500.00 $ 1,200.00 $ 12,000.00 $ 3,089.50 $ 30,895.00 System, In Place 8 Junction Box 1 Each 500.00 $ 500.00 $ 1,600.00 $ 1,600.00 $ 1,897.17 $ 1,897.17 9 Slide Gate Operator System 2 L.S. 40,000.00 $ 80,000.00 $ 30,000.00 $ 60,000.00 $ 29,518.67 $ 59,037.34 10 Pipe Bollard 18 Each 250.00 $ 4,500.00 $ 400.00 $ 7,200.00 $ 856.34 $ 15,414.12 11 Overhead Lighting Standards 1 Each $ 20,000.00 $ 20,000.00 $ 6,800.00 $ 6,800.00 $ 7,912.81 $ 7,912.81 Total Bid Schedule 2 - Electrical Construction Bid $ 120,800.00 $ 93,267.00 $ 121,228.45 SUMMARY OF BIDS Total Bid Schedule 1 - General Construction $ 1,866,200.00 $ 1,186,603.50 $ 1,450,512.73 Total Bid Schedule 2 - Electrical Construction $ 120,800.00 $ 93,267.00 $ 121,228.45 Total Bid Schedule 1 and Schedule 2 $ 1,987,000.00 $ 1,279,870.50 $ 1,571,741.18 Project Manager's Signature True tabulations of bids received on: July 30, 2020 Number of bids received: 2 Bids rejected: 0 Corrections made due to mathematical errors in calculating costs.  Notice of Award Date: September 21, 2020 To Quinn Construction, Inc. Bidder’s Address 4404 Universal Drive – Rapid City, South Dakota 57702-9395 Project Description Construction Perimeter Wildlife Exclusion Fence Name of Owner City of Spearfish, South Dakota – Clyde Ice Field / Black Hills Airport Owner’s Address 625 North 5th Street – Spearfish, South Dakota 57783 You are notified that your Bid dated July 30, 2020 for the above Contract has been considered. You are the apparent successful bidder and have been awarded a contract for: AIP # AIP 3-46-0065-027--2020 Project Description Construct Perimeter Wildlife Exclusion Fence Airport Name Clyde Ice Field / Black Hills Airport Airport Location Spearfish, South Dakota The Contract Price of your contract is one million two hundred seventy-nine thousand eight hundred seventy dollars and fifty cents ($1,279,870.50). You must comply with the following conditions precedent with ten (10) business days of the date of this Notice of Award, that is by October 1, 2020. 1. You must immediately deliver to the OWNER a duly signed copy of this notice, acknowledging its receipt. 2. You must deliver, with the executed Agreement, the Contract Security (Bonds) as specified in the Instruction to Bidders, General Provisions and Local and State Provisions. 3. You must deliver to the OWNER, evidence of insurance as outlined within the General Provisions and Local and State Provisions. Failure to comply with these conditions within the time specified, will entitle the OWNER to consider your bid abandoned, to annul this Notice of Award and to declare you Bid Security forfeited. Within ten (10) business days after you comply with these conditions, the OWNER will return to you one (1) fully signed counterpart of the Agreement with the Contract documents attached. KLJ #2005-00309 Page 1 Clyde Ice Field / Black Hills Airport Notice of Award Version 01.2018 OWNER: BIDDER: City of Spearfish, South Dakota Quinn Construction, Inc. Owner Bidder By: Dana Boke By: Derek Suhr Authorized Signature Authorized Signature Mayor – City of Speafish Vice President Title Title Date Date KLJ #2005-00309 Page 2 Clyde Ice Field / Black Hills Airport Notice of Award Version 01.2018  ITEM NUMBER __________ AGENDA ITEM SUMMARY DEPARTMENT/ENTITY: City Engineering ___________________________________________________________ REQUEST: Approve the Development Agreement for 511 W. Jackson JUSTIFICATION: (attach any additional justification and/or documentation) This agreement sets the terms for the future access for this business located at Jackson and Meier as a result of the changes to the Jackson Blvd. frontage. Access will remain along Jackson but will be an exit / egress only from the business. FUNDING: n/a ___________________________________________________________________ RECOMMENDATION: Approve ________________________________________________________ COMMITTEE DATES LFPS: 09/15/2020 _____________________ PW: _____________________ Deadline: Friday 5:00pm prior to committee, send electronically to the Finance Office. Departments provide requests/reports to committee: Legal, Finance and Public Safety: City Administration may report to both committees. Police, Fire, Finance, Building Inspection, Planning & Zoning and Human Resources. Public Works: City Administration may report to both committees. Public Works, Library, Parks and Recreation, and Engineering. Prepared by: City of Spearfish 625 5th Street Spearfish, SD 57783 (605) 717-1122 DRIVEWAY AGREEMENT This DRIVEWAY AGREEMENT (hereinafter “Agreement”) is made and entered into this 21st day of September, 2020 by and between the C ITY OF SPEARFISH, a municipal corporation and political subdivision of the State of South Dakota, 625 North Fifth Street, Spearfish, South Dakota 57783 (hereinafter “Spearfish”) and JOSEPH B. M ILLER & JANET G. MILLER AND R ANDAL G. P ETERSON & CONNIE A. PETERSON, 511 West Jackson Boulevard, Spearfish, South Dakota 57783 (hereinafter “Owner”). 1. Owner is the owner of the following described real property situated in the City of Spearfish, Lawrence County, South Dakota, to-wit: Lot 1 of the Subdivision of the SW1/4 of Section 10, T6N, R2E, B.H.M., City of Spearfish, Lawrence County, South Dakota as shown on the Plat thereof recorded in Plat Book 2, Page 61 in the Office of the Lawrence County Register of Deeds. (hereinafter “Owner’s Property”). 2. Owner’s Property is currently zoned as C-1 Central Commercial. 3. Spearfish is re-constructing Jackson Boulevard within the public right-of-way and along the frontage of Owner’s Property. The re-construction will result in modifications to the existing curb and driveway within the public right-of-way in this location. 4. In consideration of Spearfish allowing continued driveway access from Owner’s Property to Jackson Boulevard, Owner is willing to enter into this Agreement to limit or otherwise restrict use of the driveway per the terms of this agreement and as shown on Exhibit A in this document. Development Agreement Spearfish – Miller and Peterson Page 1 of 7 NOW THEREFORE, Spearfish and Owner agree as follows: 5. Requirements. 5.1. The driveway abutting Jackson Boulevard may remain open and used by Owner so long as the property is configured as follows: Office 2,500 square feet, Retail 800 square feet, and Warehouse/storage/shop 1,200 square feet. 5.2. The driveway abutting Jackson Boulevard is permitted only as an egress/exit point for vehicles onto Jackson Boulevard from Owner’s Property and not as an ingress/entrance point for vehicles from Jackson Boulevard onto Owner’s Property for as long as it remains open. 5.3. If the land use of Owner’s Property results in an increase in daily vehicular trips above what is generated by the current configuration of land uses the driveway abutting Jackson Boulevard will be closed by Spearfish and will not be replaced. 5.4. The driveway abutting Meier Avenue is permitted to remain.. 6. Future Rights. In consideration of Spearfish to construct the following improvements on Owner’s Property: 1) Re-stripe the existing hard surface parking stalls, 2) placement of four wheel stop parking blocks, 3) 20 linear feet of curbing between Jackson Boulevard sidewalk and landscape area, and in the Jackson Boulevard right of way: 4) curb and gutter, 5) a 25 foot wide driveway approach, and 6) sidewalk with handicapped ramps, Owner agrees it will not claim access rights above those granted by this Agreement. Owner also agrees it will not pursue or make a claim against Spearfish in any court or tribunal for any cause regarding the loss of the Jackson Boulevard driveway in the event th e Jackson Boulevard driveway is closed in accordance with Paragraph 5 above. 7. Succession. This Agreement shall be binding upon Owner, its heirs, successors, assigns, legal representatives, or transferees and inure to and for the benefit of Spearfish and its respective successors, assigns, legal representatives, and transferees and shall be deemed to run with Owner’s Property, to include any replat or subdivision thereof. A copy of this Agreement shall be recorded in the Office of the Lawrence County Register of Deeds. 8. Complete Agreement. This Agreement, including Exhibit A, constitutes a written memorandum of the entire understanding and agreement between the parties and supersedes all prior understandings, negotiation, or agreements between them, whether written or verbal, with respect to the subject matter hereof. 9. Non-Waiver. Failure by Spearfish to insist upon or enforce any of its rights shall not constitute a waiver thereof, and nothing shall constitute a waiver of Spearfish’s right to insist upon strict compliance with the provisions hereof. Development Agreement Spearfish – Miller and Peterson Page 2 of 7 10. Modification. No oral modification hereof shall be binding upon the parties, and any modification shall be in writing and signed by the parties. 11. Attorney’s Fees and Costs. In the event any legal action is filed to enforce or recover under any provision of this Agreement, the prevailing party in the suit shall be entitled to recover court costs and reasonable attorney’s fees from the non-prevailing party. 12. Severability. In the event that any portion of this Agreement is determined to be invalid or unenforceable, such determination shall not affect the validity or enforceability of any other provision herein. 13. Notice. Notice, demand, or other communication made pursuant to this Agreement by any party to another shall be sufficiently given or delivered if it is sent by registered or certified mail, postage prepaid, return receipt requested, or delivered personally at the address stated above. 14. Construction and Governing Law. This Agreement shall be construed and governed in accordance with the laws of the State of South Dakota. Each party has had the opportunity to review and revise this Agreement, has had equal opportunity for input into this Agreement, and has had the opportunity to have this Agreement reviewed by that party’s own independent legal counsel. No individual party, nor its respective legal counsel, shall be construed to be the drafter or primary drafter of this Agreement. In the event of any dispute regarding the construction of this Agreement or any of its provisions, ambiguities or questions of interpretation shall not be construed more in favor of one party than the other. Instead, questions of interpretation shall be construed equally as to each party. 15. Other Documents. The Parties hereby mutually agree to execute any and all other documents necessary or needed to effectuate the purposes of this Agreement. 16. Counterparts. This Agreement may be executed in two or more counterparts, both or all of which taken together shall constitute one and the same instrument, and any party hereto may execute this Agreement by signing any such counterpart. Facsimile and electronic versions of signatures shall be treated as originals. In Witness Whereof, the Parties have set their signatures. [Separate signature pages follow] Development Agreement Spearfish – Miller and Peterson Page 3 of 7  C ITY OF SPEARFISH By: ____________________________ (Seal) Dana Boke, Its Mayor Attest: ________________________________ Michelle DeNeui, Finance Officer State of South Dakota ) ) ss. County of Lawrence ) On this ____ day of _________, 2020, before me, the undersigned officer, personally appeared Dana Boke and Michelle DeNeui, known to me or satisfactorily proven to be the persons described in the foregoing instrument, and acknowledged that they executed the same in the capacity therein stated and for the purposes therein contained. In Witness Whereof, I have set my hand and official seal. (Seal) _______________________________ Notary Public My commission expires: ____________ Development Agreement Spearfish – Miller and Peterson Page 4 of 7  JOSEPH B & JANET G M ILLER By:________________________________ Joseph B. Miller ________________________________ Janet G. Miller State of South Dakota ) ) ss. County of Lawrence ) On this ____ day of _______________, 20___, before me, the undersigned officer, personally appeared Joseph B. Miller & Janet G. Miller, and who are known to me or satisfactorily proven to be the persons described in the foregoing instrument and acknowledged that they executed the same in the capacity therein stated and for the purposes therein contained. In Witness Whereof, I have set my hand and official seal. (Seal) ____________________________ My Commission Expires: __________ Notary Public Development Agreement Spearfish – Miller and Peterson Page 5 of 7  R ANDAL G. & C ONNIE A. P ETERSON By: _________________________________ Randal G. Peterson _________________________________ Connie A. Peterson State of South Dakota ) ) ss. County of Lawrence ) On this ____ day of _______________, 20___, before me, the undersigned officer, personally appeared Randal B. Peterson & Connie A. Peterson, and who are known to me or satisfactorily proven to be the persons described in the foregoing instrument and acknowledged that they executed the same in the capacity therein stated and for the purposes therein contained. In Witness Whereof, I have set my hand and official seal. (Seal) ____________________________ My Commission Expires: __________ Notary Public Development Agreement Spearfish – Miller and Peterson Page 6 of 7  Exhibit A A full and complete diagram of the improvements is on file in the City of Spearfish Finance Office. Development Agreement Spearfish – Miller and Peterson Page 7 of 7