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RES 19-20-070A ALL SIGNED LAS CRUCES UTILITIES BOARD RESOLUTION NO. 19-20-070A A RESOLUTION APPROVING CHANGE ORDER NO. 2 IN THE AMOUNT OF $289,733.77 FOR PROJECT NO. 19-20-070, PRE-1965 FOOTHILLS LANDFILL EQUIPMENT TO PROVIDE ADDITIONAL TIME AND FUNDING TO WAGNER/CAT, OF EL PASO, TEXAS, FOR A NEW TOTAL AWARD AMOUNT OF $538,457.71. The Board of Commissioners for the City of Las Cruces Utilities, on behalf of the City of Las Cruces, is informed that: WHEREAS, on December 27, 2019, a contract was entered with Wagner/CAT of El Paso, Texas, utilizing the Cooperative Educational Services ("CES") Agreement No. 18-020B-C103-ALL to provide equipment for the Pre-1965 Foothills Landfill Excavation. The contract was awarded for the rental and maintenance of the equipment of $218,226.00 including estimated delivery and return, plus Texas Heavy Equipment Tax of $539.60 and New Mexico Gross Receipts Tax ("NMGRT") of $18,140.04, and owner contingency in the amount of $11,818.30 (5% plus NMGRT), for a total amount of $248,723.94. The duration of the rental was originally 93 working days from the date of issuance of the Notice to Proceed ("NTP"), which was on March 19, 2020. This would have provided an end date of August 3, 2020; and WHEREAS, on July 16, 2020, Change Order No. 1 was approved by the Utilities Director for the request of an additional 30 working days, which moved the end date to September 15, 2020. These additional days were needed to present Change Order No. 2 the Utilities Board on August 13, 2020; and WHEREAS, due to additional waste encountered during excavation and the delays that have occurred, staff is requesting an extension of time and additional funding to the Wagner/CAT Purchase Order to cover the equipment use for another six months; and LCU FY20 06/20 Rev. 4 LCU Board Resolution No. 19-20-070A Page 2 of 3 WHEREAS, Wagner/CAT has provided a quote for equipment, as it relates to excavation of the Pre-1965 Foothills Landfill. This quote includes an excavator, water wagon, wheel loader, and dozer. This equipment will be rented and maintained for the duration of the project for the excavation activities. Additional equipment may be needed depending on the requirements of the excavation at the time; and WHEREAS, Wagner/CAT included the above listed equipment including maintenance for an additional estimated 123 working days. This would bring the new end date to January 30, 2021. The Heavy Equipment Tax and owner contingency remain unchanged from original approved amount. NOW, THEREFORE, Be it Resolved by the Board of Commissioners for the City of Las Cruces Utilities, on behalf of the City of Las Cruces: M THAT approval for Change Order No. 2. for the extension of time and an additional amount of $267,498.00, plus NMGRT of $22,235.77 be awarded to Wagner/CAT of El Paso, Texas., for new total amount of $289,733.77, is approved. (II) THAT City staff is hereby authorized to do all deeds necessary in the accomplishment of the herein above. DONE AND APPROVED this 13t" day of August 2020. APPROVED: By Board Chair LCU FY20 06/20 Rev. 4 LCU Board Resolution No. 19-20-070A Page 3 of 3 ATTEST: Secretary VOTE: Chair Little: Moved by Vice-Chair Archuleta: Commissioner Bencomo: Seconded by Commissioner Carmichael: Commissioner Hardee: Commissioner Johnson: Commissioner Sorg: APPROVED AS TO FORM: Sr. Assistant City Attorney LCU FY20 06/20 Rev. 4 EXHIBIT "A" City of Las Cruces AFMOUNTAINS OF OPPORTUNITY MEMORANDUM To: David Maestas, P.E., Interim City Manager From: Carl N. Clark, Carl N. Clark, P.E., Deputy Initials: Cli.---- Director ENVR/TS Date: July 23, 2020 File #: N/A Subject: Recommendation Memo - Change Order No. 2, Time Extension and Additional Funding for Project 19-20-070, Pre-1965 Foothills Landfill Equipment Rental On December 27, 2019, a contract was entered with Wagner/CAT of El Paso, Texas, utilizing the Cooperative Educational Services ("CES") agreement No. 18-02013- C103-ALL to provide equipment for the Pre-1965 Foothills Landfill Excavation. The contract was awarded for the rental and maintenance of the equipment of $218,226.00 including estimated delivery and return, plus Texas Heavy Equipment Tax of $539.60 and New Mexico Gross Receipts Tax ("NMGRT") of $18,140.04, and owner contingency in the amount of $11,818.30 (5% plus NMGRT), for a total amount of $248,723.94. The duration of the rental was originally 93 working days from the date of issuance of the Notice to Proceed ("NTP"), which was on March 19, 2020. This would have provided an end date of August 3, 2020. On July 16, 2020, Change Order No. 1 was approved for the request of an additional 30 working days, which made the end date September 15, 2020. Because of the additional waste encountered during excavation and the delays that have occurred, I am requesting an extension of time and additional funding to the Wagner/CAT Purchase Order to cover the equipment use for another six months. Wagner/CAT has provided a quote for equipment, as it relates to excavation of the Pre-1965 Foothills Landfill. This quote includes an excavator, water wagon, wheel loader, and dozer. This equipment will be rented and maintained for the duration of the project for the excavation activities. Additional equipment may be needed depending on the requirements of the excavation at the time. Wagner/CAT included the above listed equipment including maintenance for an additional estimated 123 working days. This would bring the new end date to January 30, 2021. The estimated cost for extending the rental and maintenance of the equipment is $267,498.00, plus New Mexico Gross Receipts Tax ("NMGRT") of $22,235.77, for a total amount of $289,733.77. This Change Order No. 2 provides a new total of $485,724.00, plus NMGRT of $40,375.81, plus Heavy Equipment Tax of $539.60 and owner contingency of $11,818.30 for a grand total of $538,457.71. The Heavy Equipment Tax and owner contingency remain unchanged from original approved amount. Below outline the fees requested and NMGRT for your review. AN EQUAL OPPORTUNITY EMPLOYER David Maestas, P.E., Interim City Manager Page 2 of 3 Recommendation Memo - Change Order No. 2, Pre-1965 Foothills Landfill Equipment Rental July 23, 2020 Description Fees 1 Excavator - 336 W/THB $ 40,820.00 2 Water Wagon - 621WW $ 76,242.00 3 Wheel Loader - 966 $ 63,308.00 4 Dozer - D8 $ 87,128.00 Subtotal $ 267,498.00 NMGRT 8.3125% $ 22,235.77 Total $ 289,733.77 The funds are available in FY20/21 account as shown below: FH Closure/Purchased Services 50934009-721080-11682 $289,733.77 The Change Order Policy allows the extensions of time and changes in cost on construction or professional service contract with the following limitation: • An increase of more than 60 contractual days to the original contract time, shall be approved by the Office of the City Manager. • An increase of more than 15% of contract, shall be approved by the Office of the City Manager. If you have any questions or require additional information, please contact me at 528-3572. Approved: Disapproved: ❑ Jorge A. Garcia, Ph.D., P.E., Utilities Director Date Approved: -03�" Disapproved: ❑ 01 a2v David Maestas, I .E., C.G.P.M., Interim City Manager Date David Maestas P.E, Interim City Manager Page 3of3 Recommendation Memo -Change Order No. 2, Pre-1965 Foothills Landfill Equipment Rental July l3, 2UZO Attachments: Wagner/CAT Quote, G1L Account Master Inquires. cc: David Do|{ahon, Assistant City Manager cc: Delilah A. Walsh, Assistant Utilities Director Initials; cc: Alex Liu, Purchasing Manager Initials: cc: VVa|eedAbU-IsSa, P.E., Senior Engineer ENyR/TS rnnitiaIs:#-1,-9"1=~ cc: Oornonique Rodriguez, Rate and Economic Analysis Manager In itiaKs:�� l�^m co: Robin Lawrence, Deputy Director Solid Waste - cc: Joshua Rosenblatt, Regulatory Q' Environmental Analyst, ENVR/TG cc: Fred H. Bourger, Contract Project Manager, ENVR/TS Rental Quote 011 WAGNER Agreement Q70709 ACCT#: 54624 10501 DYER ST EL PASO,TX 79924 PHONE:(915)821-7651 FAX:(915)822-7298 PO#: ORDERED BY: ROBIN LAWRENCE 575-649-6806 JOBSITE INFO: FOOTHILLS FOOTHILLS LANDFILL 555 SONOMA RANCH BLVD LAS CRUCES CONTACT NAME: ROBIN LAWRENCE CONTACT PHONE: 575-649-6806 CITY OF LAS CRUCES-UTIL& DELIVERED VIA: WILL CALL WASTE JOBSITE COUNTY: DONA ANA NM ATTN: DISBURSEMENTS DATE OUT: 08/04/2020 Tue 02:48 PM PO BOX 20000 EST.DATE IN: 01/30/2021 Sat 02:48 PM LAS CRUCES, NM 88004 SALES REP: EUGENE MORA(G-1-227) WRITTEN BY: CONNIE TARIN iQTY DESCRIPTION DAY WEEK 4WEEK EXTENDE6 1. DOZER-D8 $2,262.50 $5,368.00 $12,732.00 87,128.00 ID:M455700T SERIAL:OFMC01722 M0DEL:D8T SMM Tag: 20-P471895 HRS OUT:2408.0 HRS ALLOWED: 8/40/176 1. EXCAVATOR-336 W/THB $1,392.00 $2,170.00 $6,080.00 40,820.00 IDA57962 SERIAL:OFJH00903 M0DEL:336EL TH SMM Tag: 20-P447234 HRS OUT: 6079.0 HRS ALLOWED: 8/40/176 1 BUCKET-EXCAVATOR-DB/66" IDA57665 SERIAL:OMHJ59112 M0DEL:336/66 1. WATER WAGON-621WW $1,704.00 $4,053.00 $11,356.00 76,242.00 ID:432036 SERIAL:OWTE00102 M0DEL:621 K WW SMM Tag: 20-P353864 HRS OUT: 6709.0 HRS ALLOWED: 8/40/176 1. WHEEL LOADER-980 $2,110.00 $5,900.00 $9,044.00 63,308.00 IDA54348 SERIAL:OKRS03031 M0DEL:980M SMM Tag: 20-0018009897 HRS OUT:2431.0 HRS ALLOWED: 8/40/176 METER OUT WILL BE UPDATED AFTER DELIVERY ALL UNITS DELIVERED FULL OF FUEL MUST BE RETURNED FULL OF FUEL OR INCUR A FUEL CHARGE State 8.313% Total Tax: 8.313% 22,237.11 Total: 289,735.11 Rental rates are based on 8 hours in one 24-hour day,40 hours in 7 days,or 176 hours in 4 weeks.Unless specifically listed,rates do not include fuel,taxes, environmental charge,diesel surcharge,SMM,or Preventive Maintenance Assurance Program(PMAP)charges.Rental Equipment Protection(16%of gross rental charges)will be charged in the absence of proof of insurance greater than or equal to the value of the rental equipment.Rental Equipment Protection may optionally be purchased by customers in lieu of using the customer's existing insurance policy.Additional charges may also apply for shipping,handling,and overtime.Call Wagner for more information.Prices and availability subject to change without notice.Discounts do not apply on re-rented equipment.F.O.B.Wagner unless otherwise noted.Terms and conditions can be viewed at www.wagnerequipment.com/terms/. AURORA,CO•ALBUQUERQUE,NM•BLOOMFIELD,NM•BURLINGTON,CO•COLORADO SPRINGS,CO•DURANGO,CO•EL PASO,TX GRAND JUNCTION,CO•HAYDEN,CO•HOBBS,NM•PUEBLO,CO•WINDSOR,CO•YUMA,CO www.wagnerequipment.com Printed on Thursday,July 16,2020 9:57:46 AM by CTARIN Q 70709 Page 1 of 1 �np� - City of Las Cruces" City of Las Cruces, NM MOUNTAINS OF OPPORTUNITY G/L ACCOUNT - MASTER MWRY Org code: 50934009 FOOTHILLS LANDFILL CLOSURE POS Type: E Object code: 721080 PURCHASED SERVICES GENERAL Status: A Project code: 11682 FOOTHILLS PRE-1965 Budgetary: Y Fund 5510 SOLID WASTE LANDFILL CLOSURE DIVSION 30 CITY MANAGER OFFICE DEPARTMENT 340 UTILITIES SECTION 0934 REGULATORY COMPLIANCE & TRAINI SUBSECTION 0934D FOOTHILLS LANDFILL CLOSURE POS MISC 0000 NONGRANT OPEN 00 Undefined FUNCTION 00 NONFUNCTION Project 11682 FOOTHILLS PRE-1965 Full description: PURCHASED SERVICES GENERAL Short desc: PURCHASED Reference ACCt: Auto-encumber? (Y/N) N --------- CURRENT YEAR MONTHLY AMOUNTS ---------- PER ACTUAL ENCUMBRANCE BUD TRANSFER BUDGET 00 .00 .00 .00 .00 01 .00 .00 .00 1,193,000.00 02 .00 .00 .00 .00 03 .00 .00 .00 .00 04 .00 .00 .00 .00 05 .00 .00 .00 .00 06 .00 605.84 .00 .00 07 70.40 361,705.85 .00 .00 08 5,227.85 -5,227.85 .00 .00 09 5,463.52 559,984.12 .00 .00 10 61,420.78 -12,734.54 113,000.00 113,000.00 11 197,397.20 -196,763.74 750,000.00 750,000.00 12 905,747.21 -49,466.99 .00 .00 13 .00 .00 .00 .00 Tot: 1,175,326.96 658,102.69 863,000.00 2,056,000.00 ---------- CURRENT YEAR TOTAL AMOUNTS ----------- Actual (Memo) 1,175,326.96 original Budget 1,193,000.00 Encumbrances 658,102.69 Budget Tranfr In 863,000.00 Requisitions .00 Budget Tranfr Out .00 Total 1,833,429.65 Carry Fwd Budget .00 Available Budget 222,570.35 Carry Fwd Bud Tfr .00 Percent Used 89.17 Revised Budget 2,056,000.00 Inceptn to SOY .00 Inceptn Orig Bud .00 Inceptn Revsd Bud .00 Encumb-Last Yr .00 DEPT .00 Actual-Last Yr .00 DIRECTOR .00 Estim-Actual 760,445.00 BGT OFFICE .00 .00 CITY MGR 1,193,000.00 COUNCIL 1,193,000.00 Report generated: 07/20/2020 10:37 Page 1 user: drodriguez Program ID: glactinq City of Las Cruces, NM "-' mw of Las cruces- MOUNTAINS OF OPPORTUNITY G/L ACCOUNT - MASTER INQUIRY LAST YEAR MONTHLY AMOUNTS PER ACTUAL ENCUMBRANCE BUDGET 00 .00 .00 .00 01 .00 .00 .00 02 .00 .00 .00 03 .00 .00 .00 04 .00 .00 .00 05 .00 .00 .00 06 .00 .00 .00 07 .00 .00 .00 08 .00 .00 .00 09 .00 .00 .00 10 .00 .00 .00 11 .00 .00 .00 12 .00 .00 .00 13 .00 .00 .00 Tot: .00 .00 .00 ----------- PRIOR YEARS TOTAL AMOUNTS ----------- 2019 Actual .00 2019 Orig Budget .00 2019 Closed @ YE .00 2019 Bud Tfr In .00 2019 Encumbrance .00 2019 Bud Tfr out .00 2019 Memo Bal .00 2019 C Fwd Budget .00 2018 Actual .00 2019 Revsd Budget .00 2017 Actual .00 2016 Actual .00 2018 Orig Budget .00 2015 Actual .00 2018 Revsd Budget .00 2014 Actual .00 2017 Orig Budget .00 2013 Actual .00 2017 Revsd Budget .00 2012 Actual .00 2011 Actual .00 2019 0.00 2010 Actual .00 2018 0.00 2017 0.00 -------------- FUTURE YEAR AMOUNTS -------------- PER 2021 BUDGET BUDGET 00 .00 2021 DEPT .00 .00 01 1,135,000.00 2021 DIRECTOR 1,135,000.00 .00 02 .00 2021 BGT OFFICE 1,135,000.00 .00 03 .00 2021 CITY MGR 1,135,000.00 .00 04 .00 2021 COUNCIL 1,135,000.00 .00 05 .00 2021 Revised 1,135,000.00 06 .00 2022 Estimate .00 .00 07 .00 2023 Estimate .00 .00 08 .00 2024 Estimate .00 .00 09 .00 2025 Estimate .00 .00 10 .00 11 .00 2021 Memo Bal .00 12 .00 2021 Encumbrance 24,565.77 13 .00 2021 Requisition .00 Tot: 1,135,000.00 ----------------- ACCOUNT NOTES -----py-!�----�-.,---- . Report generated: 07/20/2020 10:37 user: drodriguez Page 2 Program ID; glactinq i0ffilv of Las Cruces MOUNTAINS OF OPPORTUNITY LAS CRUCES UTILITIES BOARD OF COMMISSIONERS ACTION FORM For Meeting of August 13, 2020 (Adoption Date) TITLE: A RESOLUTION APPROVING CHANGE ORDER NO. 2 IN THE AMOUNT OF $289,733.77 FOR PROJECT NO. 19-20-070, PRE-1965 FOOTHILLS LANDFILL EQUIPMENT TO PROVIDE ADDITIONAL TIME AND FUNDING TO WAGNER/CAT, OF EL PASO, TEXAS, FOR A NEW TOTAL AWARD AMOUNT OF $538,457.71. BACKGROUND: On December 27, 2019, a contract was entered with Wagner/CAT of El Paso, Texas, utilizing the Cooperative Educational Services ("CES") Agreement No. 18-020B-C103-ALL to provide equipment for the Pre-1965 Foothills Landfill Excavation. The contract was awarded for the rental and maintenance of the equipment of $218,226.00 including estimated delivery and return, plus Texas Heavy Equipment Tax of $539.60 and New Mexico Gross Receipts Tax ("NMGRT") of $18,140.04, and owner contingency in the amount of $11,818.30 (5% plus NMGRT), for a total amount of $248,723.94. The duration of the rental was originally 93 working days from the date of issuance of the Notice to Proceed ("NTP"), which was on March 19, 2020. This would have provided an end date of August 3, 2020. On July 16, 2020, Change Order No. 1 was approved by the Utilities Director for the request of an additional 30 working days, which moved the end date to September 15, 2020. These additional days were needed to present Change Order No. 2 the Utilities Board on August 13, 2020. Due to additional waste encountered during excavation and the delays that have occurred, staff is requesting an extension of time and additional funding to the Wagner/CAT Purchase Order to cover the equipment use for another six months. Continue on additional sheets as required Name of Drafter: Department: Phone: Carl N. Clark P.E. Utilities 528-3548 Account Number: Amount of Expenditure: Budget Amount: 50934009-721080-11682 $ 289,733.77 $1,135,000.00 Strategic Plan Goal / Objective / Strategy Addressed: Utilities Support and Project Management. Performance Budget Goal / Objective Addressed: 90% of all below ground utilities projects will not exceed 7% of project contingency,,--) Department Si natur Phone Department Signature „ Phone Utilities .�•F /- 528-3512 Budget ��� �� �L. LET!_ ' 1�'' 541-2300 Assistant Legal :Y::= 541-2128 City Manager 541-2271 City Manager 541-2076 LCU 5/18 Rev.4 LCU Board Action Form Page 2 Wagner/CAT has provided a quote for equipment, as it relates to excavation of the Pre- 1965 Foothills Landfill. This quote includes an excavator, water wagon, wheel loader, and dozer. This equipment will be rented and maintained for the duration of the project for the excavation activities. Additional equipment may be needed depending on the requirements of the excavation at the time. Wagner/CAT included the above listed equipment including maintenance for an additional estimated 123 working days. This would bring the new end date to January 30, 2021. The estimated cost for extending the rental and maintenance of the equipment is $267,498.00, plus NMGRT of $22,235.77, for a total amount of $289,733.77. This Change Order No. 2 provides a new project award total of $485,724.00, plus NMGRT of $40,375.81, plus Heavy Equipment Tax of $539.60 and owner contingency of $11,818.30 for a grand total of $538,457.71. The Heavy Equipment Tax and owner contingency remain unchanged from original approved amount. Funding for this project is budgeted in the following Utilities Infrastructure line items: FH Closure/Purchased Services 50934009-721080-11682 $289,733.77 SUPPORT INFORMATION: 1. LCU Resolution No. 19-20-070A. 2. Exhibit "A" - Recommendation Memo and corresponding attachments to Jorge A. Garcia, Ph.D., P.E., Utilities Director. BOARD OPTIONS: 1. VOTE "YES" - Will approve Resolution 19-20-070A, and approve Change Order No. 2 in the amount of 289,733.77 to Wagner/CAT of El Paso, Texas, and the extension of time. 2. VOTE "'NO" - Will reject Resolution 19-20-070A, and not approve Change Order No. 2 to Wagner/CAT of El Paso, Texas. Staff will require strategic guidance. (Continue on additional sheets as required) City of Las Cruces® MOUNTAINS OF OPPORTUNITY LAS CRUCES UTILITIES BOARD ACTION FORM AND RESOLUTION ROUTING SLIP The purpose of this Routing Slip will help ensure the highest quality of work is presented to the LCU Board of Commissioners for action on the Resolution. As the drafter of a Las Cruces Utilities (LCU) Board Action Form (BAF) and Resolution (RES) you are responsible to ensure all documents submitted for the Utilities Director's approval are without errors. Please identify a Utility associate to review the entire BAF/RES packet, including any Exhibits and/or Attachments; followed by your Deputy Director. The FINAL COMPLETE BAF/RES packet is required no later than 8:00am 15- working days before the Board Meeting. The additional time is required to obtain all final signatures from City Hall and create the agenda packet in order to distribute to the Board Members. For Meeting of: August 13, 2020 Resolution: 19-20-070A (Date) UTILITY STAFF REVIEWERS PRINT NAME INITIALS DATE 1. Drafter Fred Bour er II 2. Selected by Drafter Waleed Abu-Issa IN� as- 3. Deputy Director Carl N. Clark `" 4. Senior Office Manager Alma Ruiz r�Zd 5. Assistant Utilities Director Delilah A. Walsh 7/30/2020 ORVa c"tl us erwes- LCU BAF/RES ROUTING SLIP FY20 06/2020 R2