Matters from Staff Agenda Item #4
Board of County Commissioners - Staff Report
Meeting Date: October 1, 2019 Presenter: Steve Ashworth Submitting Dept: Teton County/Jackson Parks & Rec. Subject: Town Square Holiday Lighting Contract
Statement / Purpose: Award of Bid/Approval of contract for Town Square Holiday Lighting to Teton Mountain Lights, LLC for FY20.
Background / Description (Pros & Cons): Each winter season holiday lighting is placed in the Town Square to celebrate the holidays and highlight the area as the center piece of Jackson for residents and visitors. It serves to showcase the Town Square and downtown area, bringing the community together and encouraging tourists to visit the Square and downtown core during the winter months. Lighting of the Town Square around Thanksgiving has become a tradition kicking off the winter season and welcoming Santa Claus to town.
The solicitation of the 3-year contract was done through a formal bidding process and staff received two bids. Bid results are as followed:
COMPANY BID Amount Boreal Property Management $58,326.00 Teton Mountain Lights, LLC $49,840.00 Wyoming Landscaping Non-Responsive Vertical Services Non-responsive Jesse Meade Non-responsive
Stakeholder Analysis & Involvement: The community and visitors to Jackson routinely provide feedback on the lighting of Town Square. The feedback is always positive and support the continued lighting of the Town Square as the centerpiece of activity during the winter months.
Fiscal Impact: This is a 3 year contract with a toal anticipated budget in the amount of $55,000. The current year’s approved FY20 budget amount for this contract is $15,000 in account 19-4-019-423-000-250 (Inrastructure-Contracted Services). The proposed first year contract amount is 21,690. The difference in budgeted amount, $6,690, will be paid through the Parks & Recreation fund balance with an assesment in 3rd quarter to determine if a budget amendment is necessary.
Staff Impact: Staff will administer the contracted services and provide contractor support to ensure the Town Square is lit from the Friday following Thanksgiving until the first week of April.
Legal Review: K. Gingery
Staff Input / Recommendation: Staff has reviewed the contract documents, evaluated references and met with Teton Mountain Lights, LLC at the Town Square. The Director concurs with staff in recommending award of bid and approval of contract to Teton Mountain Lights for three years in the amount of $49,840.00.
Attachments: Bid documents and contract for signature.
Suggested Motion: I move to award bid and approve contract to Teton Mountain Lights, LLC for Town Square Holiday Lighting services in the amount of $ 49,840.00.
Service ● Excellence ● Collaboration ● Accountability ● Positivity ● Innovation
SECTION I
CONTRACT DOCUMENTS
PROFESSIONAL HOLIDAY LIGHTING
TETON COUNTY
I-1 INSTRUCTIONS TO BIDDERS
1. DefinedTerms.
Terms used in these Instructions to Bidders that are defined in the General Conditions have the meanings assigned to them in the General Conditions. Definitions of specific terms used in these Instructions to Bidders are as follows:
• Owner: means the TETON COUNTY WYOMING
• Bidding Documents: means and includes the Advertisement or Invitation to Bid, Instructions to Bidders, the Bid Form, and the proposed Contract Documents (including all Addenda issued prior to the receipt of Bids).
• Bidder: means one who submits a Bid directly to the Owner, as distinct from a sub-bidder, who submits a bid to a Bidder.
• Successful Bidder: means the lowest, qualified, responsible, and responsive Bidder to whom the Owner (on the basis of the Owner's evaluation of Bids) makes an award.
2. Copies of Bidding Documents.
2.1 Complete sets of the Bidding Documents in the number and for the feeas stated in the Advertisement or Invitation may be obtained from the Owner.
2.2 Complete sets of Bidding Documents shall be used in preparing bids; the Owner assumes no responsibility for errors or misinterpretations resulting from the use of incomplete sets of Bidding Documents.
2.3 The Owner, in making copies of Bidding Documents available on the above terms, does so only for the purposeof obtaining Bids on the Work and does not confera license or grant forany other use.
3. Qualificationsof Bidders.
To demonstrate qualifications to perform the Work, each Bidder must be prepared to submit within five ( 5) days of the Owner's request written evidence, such as financial data, previous experience, present commitments, and other such data as may be called for below. Each Bid must contain evidence of Bidder's qualificationsto do business in the state of Wyoming or covenant to obtain such qualificationprior to award of the contract.
4. Examination of Contract Documents and Site.
4.1 It is the responsibility of each Bidder beforesubmitting a Bid to do the following:
• Examine the Contract Documents thoroughly,
• Visit the various sites to become familiar with the conditions that may affect the cost, progress, performance,or furnishing of the Work,
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BID AND BID SCHEDULE
Project Identification TETON COUNTY WYOMING TETON COUNTY/JACKSON PARKS AND REC. 2019 PROFESSIONAL HOLIDAY LIGHTING
ContractIdentification Number
This Bid is Submitted To TETON COUNTY/JACKSON PARKS AND RECREATION P.O. BOX 811 JACKSON, WY 83001
I. The undersigned BIDDER proposes and agrees, if this Bid is accepted, to enter into an Agreement with the OWNER in the formincluded in the Contract Documents to complete all Work as specifiedor indicated in the Contract Docume:nts. 2. In submitting this Bid, BIDDER represents, as more fullyset forthin the Agreement, that:
(A) Bidder has examined copies of all the Bidding Documents and the followingAddenda (receipt of all of which is hereby acknowledged);
Date Number
(B) Bidder has familiarized itself with the nature and extent of the Contract Documents, Work, site, locality, and all local conditions and Laws and Regulations that in any manner may affect cost, progress, performance, or furnishingof the Work; (C) Bidder has given the Owner written notice of all conflicts,errors, or discrepancies that it has discovered in the, Contract Documents, and the writtenresolution thereof by the Owner is acceptable to the Bidder. (D) This Bid is genuine and not made in the interest of or on the behalf of any undisclosed person, firm, or corporation and is not submitted in conformitywith any agreement or rules of any group, association, organization, or corporation; Bidder has not directly or indirectly induced or solicited any other Bidder to submit a falseor sham Bid; Bidder has not solicited or induced any other person, firm, or corporation to refrain from bidding; and Bidder has not sought by collusion to obtain foritself any advantage over any other Bidder or over Owner.
3. Bidder will complete the Work forthe price(s) in the Bid Schedule that follows:
1-8 TETON COUNTY WYOMING 2019 PROFESSIONAL HOLIDAY LIGHTING PROJECT
FIRST YEAR- BID SCHEDULE 2019-2020- November 1 thru April 15 BID ITEM UNIT PRICE ITEM DESCRIPTION Per hour, Foreman $ 60.00 1. Maintenance & Repair Per hour, Labor $ 50.00 Per hour, LiftTruck $ 375 2. Install and remove lights Lump Sum $21,240.00 3. Misc. cords, ties, etc. Allowance up to $ 450.00
TOTAL 2019-2020 $21,690.00
SECOND YEAR- BID SCHEDULE 2020-2021- November 1 thru April 15
BID ITEM UNIT PRICE ITEM DESCRIPTION Per hour, Foreman $ 60.00 1. Maintenance & Repair Per hour, Labor $ 50.00 Per hour, LiftTruck $ 375 2. Install and remove lights Lump Sum $13,875 3. Misc. cords, ties, etc. Allowanceup to $ 200
TOTAL 2020-2021 $14,075.00
THIRD YEAR- BID SCHEDULE 2021-2022 - November 1 thru April 15 BID ITEM UNIT PRICE ITEM DESCRIPTION Per hour, Foreman $ 60.00 1. Maintenance & Repair Per hour, Labor $ 50.00 Per hour, LiftTruck $ 375 2. Install and remove lights Lump Sum $ 13,875 3. Misc. cords, ties, etc. Allowance up to $200
TOTAL 2021-2022 $14,075.00
TOTAL ALL YEARS $49,840.00 Forty Nine Thousand Eight Hundred FortyDollars and 00/100
(Use Words) Total amount for all THREE-BID schedules list above.
1-9 4. Term - The term of this Agreement shall be a three-year contact with annual reviews, should all the performanceobjects be met as spelled out in this agreement on an annual basis. Teton County will determine solely by May 15th annually each year to look back on performance of prior years service and to resign next years portion of the remainder ofthis three year agreement should both parties agree to continue this agreement. Prior to the start of each year's contract, the contractor shall be required to provide Teton County with a performanceb ond.
The dates ofthis agreement start:
The firstyear from November 1, 2019 and completed in full by October 31, 2020 The second-year November 1, 2020 and be completed in full by October 31, 2021 The third-yearNovember 1, 2021 and be completed in full by October 31, 2022
which ends the third year of this contact agreement. The holiday lighting shall be installed in the fall but no later than five(5) days prior to Thanksgiving for each year of this agreement and removed by April 15th in the spring or as designated by Teton County. Reasonable notice shall be provided to the CONTRACTOR forlight removal.
5. The Owner reserves the right to accept any or reject any or all Bids as it may be deemed to be in his best interest. The Owner reserves the right to waive any infonnalities or irregularities in the bidding.
6. Maintenance- CONTRACTOR guarantees that at the time of installation all of the lights installed will be in working order. Lighting, cords or other materials used that malfunctionor aredamaged due to power surges, low voltage problems, or vandalismwill be replaced, subject to a service charge for product replacement at retail cost and necessary out-of-pocket expenses incurred on behalf of CONTRACTOR. Lighting, cords or other materials that malfunctionfor other reasons shall be replaced by CONTRACTORat no additional cost to Town.
7. The followingdocuments are attached to and made a condition of this Bid: (A) A tabulation of Subcontractors and other persons and organizations required to be identified in this Bid. (B) Required Bidders Qualification Statement with supporting data. (C) (Add other documents as pertinent).
7. The terms used in this Bid that are definedin the General Conditions included as partof the Contract Documents have the meanings assigned to them in the General Conditions.
SUBMITTED on September 4th, 2019
BIDDER: Bidder Name: Teton Mountain Lights LLC
Business address: 70 S. King St, PO Box 11836, Jackson WY, 83001
Phone No.: (307) 699-3281
Contact Name : KrystinGrohne
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AGREEMENT
TIDS AGREEMENT is dated as of the 1st day of October in the year 2019, by and between Teton County Wyoming, hereinafter called OWNER, and Teton Mountain Lights, LLC. hereinafter called CONTRACTOR.
OWNER and CONTRACTOR, in consideration of the mutual covenants hereinafter set forth, agree as follows:
Article 1. WORK
CONTRACTORshall complete all WORKas specifiedor indicated in the contract documents. The work is generally described as follows:
Install string LED lighting on four elk antler archways and fourteen mature spruce trees no later than Thanksgiving annually for life of this agreement. In addition, the Work shall consist of maintainimg the installed lighting systems and the removing the string lighting upon notification by Teton County, which is anticipated to occur during the following spring.
Article 2. CONTRACT TIME
2.1 Conduct and Completion of the Work. The Work shall be conducted between and including the dates of: The first-year fromNovember 1, 2019 and April 15, 2020. The work shall be completed and ready for final payment on or beforeMay 1st\ 2020.
Upon review and approval of the previous years work by the Teton County, the second-year November ll, 2020 and April 15, 2021 the work shall be completed and ready for final payment on or 1 before !\.fay 1s \ 2021.
Upon review and approval of the previous years work by Teton County, the third-year November 1, 2021 and April 15, 2022 the work shall be completed and ready for final payment on or before May 1st\ 2022.
2.2 The Owner reserves the right to accept any or reject any or all Bids as it may be deemed to be in his best interest. The Owner reserves the right to waive any informalities or irregularities in the bidding.
2.3 Liquidated Damages. OWNER and CONTRACTOR recognize that time is of the essence of this Agreement and that OWNER will suffer financial loss if the Work is not substantially complete within the time specified above. They also recognize the delays, expense and difficulties involved in proving in a legal or arbitration proceeding the actual loss suffered by OWNER if the Work is not substantially completed on time.
Accordingly, instead of requiring any such proof, OWNER and CONTRACTOR agree that as
1-12 liquidated damages for delay (but not as a penalty) CONTRACTORshall pay OWNER One Hundred dollars, ($100.00), for each day that expires afterthe time specified in paragraph 2.1 for substantial completion until the Work is substantially complete.
Article 3. CONTRACT PRICE
OWNER shall pay CONTRACTOR forperformance of the work in accordance with the Contract Documents in current fundsas follows:
The actual quantities as measured in the field at the contract unit price per the attached BID SCHEDULE.
Article 4. PAYMENT PROCEDURES
CONTRACTOR shall submit Applications for Payment, together with Teton County Vouchers. Applications forPayment will be processed by Parks Director.
4.1 Final Payment. Upon final completion andacceptance of the Work in accordance with this contract, the OWNERshall pay theremainder of the Contract Price.
Article 5. CONTRACTOR'S REPRESENTATIONS
5.1 CONTRACTORhas familiarizeditself with the nature and extent of the ContractDocuments, Work, site, locality, and all local conditions and Laws and Regulations that in any manner may affect cost, progress, performance, or furnishingof the Work. 5.2 CONTRACTOR has given the OWNER written notice of all conflicts, errors, or discrepancies that it has discovered in the Contract Documents, and the written resolution thereof by the OWNER is acceptable to CONTRACTOR.
Article 6. CONTRACT DOCUMENTS
The Contract Documents which comprise the entire agreement between OWNER and CONTRACTOR are attached to this Agreement, made a part hereof and consist of the following: 6 .I This Agreement. 6.2 Exhibits to this Agreement. 6.3 GeneralConditions (by reference). 6.4 Supplementary Conditions. 6.5 CONTRACTOR'SBid. 6.6 Contract Bid Schedule. 6.7 Any Modification, including ChangeOrders, duly delivered afterexecution of the Agreement. 6.8 There are no Contract Documents other thanthose listed above in this Article 7. The Contract Documents may only be altered, amended, or repealed by means of a Modification( as defined in Section I of the General Conditions).
Article 7. MISCELLANEOUS
7.1 Terms used in this Agreement that are defined in the General Conditions shall have the meanings indicated in the General Conditions, except that for the purposes of this project, wherever the term Engineer is encountered in the General Conditions it shall mean and be construed as meaning Owner. I-13
SECTION II
SUPPLEMENTARY CONDITIONS
Working in Teton County
Teton County has scheduled the project to be a three (3) year contract to start:
The first year November 1, 2019 and be completed in fullby October 31, 2020.
The parameters for work hours are 7:00 AM till 6:00 PM Monday through Sundays.
The work shall consist of hanging string lights on the four antler archways and on 15 mature spruce trees, and center statute fencing, inclusive of garland located in the Town Square. Multicolored lights on the small spruce located in the north quadrant of the Town Square. Staff available to walk the sight with contractor.
Lighting, cords or other materials used that malfunctionor are damaged due to power surges, low voltage problems, or vandalism will be replaced, subject to a service charge forproduct replacement at retail cost and necessary out-of-pocket expenses incurred on behalf of Contractor. Contractor shall notify owner within 48 hours of damage to be considered for reimbursement. Lighting, cords or other materials that malfunction forother reasons shall be replaced by Contractor at no additional cost to Teton County.
If necessary, Teton County shall provide an unsecured location for the contractor to store equipment and materials in the vicinity of the Town Square during the light stringing process.
Minimum Lighting Requirements to be installed by Contractor:
The lights to be installed shall be as follows or as pre-approved by the Teton County. All supplies need to meet or exceed Energy Star Standards:
Standard Specifications: • Mini LED strings style lighting use only. • Cool White lights on antler arches(x4) and conifer trees, and multi-color lighting around center statue, inclusive of garland wrap around statue fence and wrap small spruce in the north quadrant of the Town Square with multicolored lights. • All cords and supplies to power the lights. • The goal is for all trees look nice and neat and uniformwith strings of lighting from top to bottom of tree canopy that are lighted. • The lighting forElk Antler Arches shall have an average spiral spacing of 6-8 inches foreach arch. The lighting for mature and small trees shall have an average spiral spacing of 4-6 feet per tree. • All cords run along the ground shall be properly secured and maintained per owner's satisfaction. • All lights, cords and misc. equipment shall be removed the week prior to the annual Easter Egg Hunt. Garland and lights around statue shall be removed within three days after New Year's Eve.
V-1 • All work shall be conducted and installed as per industry and manufactures standards and specifications, and as per local code. • Contractor shall be responsible forturn ing lights on at official lighting ceremony, Friday evening following Thanksgiving at approximately 6:00 PM MST. Contractor shall performa dry run of the lighting with staffpr ior to the evening ceremony. • Contractor shall be responsible for the management and maintenance of the on/off lights schedule control. • Contractor shall respond and make necessary repairs/replacements/adjustments to lighting within 48 hours of notification from owner. • The contractor shall get approval from the Teton County for each tree completed as to quality and quantity.
Emergency Access:
Emergency access shall be provided at all times throughout the project limits.
Property Damage: Contractor shall take great care to avoid any damage to property, fixtures, improvements, turf, and trees. Contractor shall provide forturf and ground protection to avoid ruts, holes, and petroleum damage. Contractor shall not drive or park on turf without contacting parks and recreation stafffor irrigation locates. Contractor is fullyresponsible forthe repairs of any and all property damage. All repairs shall be remedied by the time of install or removal completion.
The contractor is responsible forthe clean-up and removal of all litter, parts, packaging branches and debris fromthe process of installation or removal.
Public Safety: The contractor is responsible forpublic and pedestrian safety during the time of install, removal and formaintenance. Barricades, flagging, closures and other devices shall be used to ensure public safety.
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