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HomeMy WebLinkAboutResolution No. R21-54RESOLUTION NO. R21-54 A RESOLUTION OF THE CITY COUNCIL SELECTING COP CONSTRUCTION, LLC AS THE SUCCESSFUL BIDDER FOR THE CITY'S PURCHASE OF A SCREW PUMP FOR THE CITY'S WASTE WATER TREATMENT PLANT. WHEREAS, the City of Laurel planned to purchase new equipment, specifically a screw pump for use at the City's Wastewater Treatment Plant, and such purchase was publicly advertised for competitive bids from interested and qualified bidders; and WHEREAS, City Staff reviewed and considered the bids received and recommends the City Council award the bid to the qualified and responsive bid that appears to be in the City's best interest; and WHEREAS, COP Construction, LLC submitted a bid of $169,961.00 for the screw pump that meets the City's specifications. City Staff determined the bid is in the best interest of the City. The Bid documents are attached hereto and incorporated herein. NOW, THEREFORE, BE IT RESOLVED the City Council of the City of Laurel, Montana, finds that the City has followed its procurement policies and state law requiring competitive bidding; and BE IT FUTHER RESOLVED the City Council hereby awards the bid to COP Construction LLC for its bid price of $169,961.00. The Mayor and City Clerk are authorized to sign all necessary documents, agreements or contracts on the City's behalf consistent with this resolution for the equipment purchase. Introduced at a regular meeting of the City Council on July 13, 2021, by Council Member Sparks. PASSED and APPROVED by the City Council of the City of Laurel this 13'h day of July 2021 APPROVED by the Mayor this 13'h day of July 2021. F LAUREL Thomas C. Nelson, or ATTWPXr., Bethany 116n6 rk-Treasurer, Approved to f: Sam Painter, Civil City Attorney R21-54 Award Bid for Purchase of Screw Pump for WWTP. 2811 Gabel Road 81111004 MT 59102.7329 4082455499 KUENG.COM July 2, 2021 Kurt Markegard City of Laurel 115 W. 1st Street Laurel, MT59044 Re: Wastewater Treatment Plant Screw Pump B Replacement — Recommendation of Award Dear Kurt: Bids for the Wastewater Treatment Plant Screw Pump B Replacement project were received July 1, 2021. Two bids were opened and read aloud, with bid amounts being $169,961.00 and $173,000.00. The bids were checked for mathematical accuracy and no discrepancies were found. All bidders where on the prequalification list. The lowest bidder is Cop Construction I.I.C. We recommend the contract be awarded to Cop Construction LLC for the amount of $169,961.00. Enclosed is the Notice of Award (NOA) for the City's approval and a Certified Bid Tabulation. Please sign, date and return four (4) original NOA forms; upon receipt, we will work with Cop Construction to route final Contracts for the City's approval. If you have any questions or concerns, please contact Doug Whitney at (406) 861-7853. Sincerely, [All Matt SmiPE Project Engineer Enclosure(s): Notice of Award Certified Bid Tabulation Project M 2004-01359 cc: File ENGINEERING, REIMAGINED Notice of Award Date:q-113-20 Project: Wastewater Treatment Plant Screw Pump B Replacement Owner: City of Laurel IOwner's Contract No.: N/A Contract: Base Bid Engineer's Project No.: Bidder: COP Construction LLC Bidder's Address: 242 S. 641h Street West Billings, MT 59106 You are notified that your Bid dated July 1, 2021 for the above Contract has been considered. You are the Successful Bidder and are awarded a Contract for Wastewater Treatment Plant Screw Pump B The Contract Price of your Contract is One Hundred Sixty -Nine Thousand Nine Hundred Sixty -One, and Zero Cents ($169,961:00). 4 copies of the proposed Contract Documents accompany this Notice of Award. You must comply with the following conditions precedent within fifteen [15] days of the date you receive this Notice of Award. 1. Deliver to the Owner four(4) fully executed counterparts of the Contract Documents. 2. Deliver with the executed Contract Documents the Contract Security [Bonds] as specified In the Instructions to Bidders (Article 20) and General Conditions (Paragraph 5.01). 3. Other conditions precedent: Failure to comply with these conditions within the time specified will entitle Owner to consider you in default, annul this Notice of Award, and declare your Bid security forfeited. Within ten days after you comply with the above conditions, Owner will return to you one fully executed counterpart of the Contract Documents. Title Copy to Engineer W WiP Screw Pump B Replacement Notice of Award Form C-510 KU Project 2004-01359 Page 1 of 1 TABULATION OF BIDS ��// Wastewater Treatment Plant Screw Pump B Replacement </R QCITY OF LAUREL, MONTANA C\C!—T' July 2, 2021 Base'Bid: COP Construction LLC Star Service, Ino Total Price Total Price Base Bid Lump Sum Price $ 169,961.00 $ 173,000.00 Total of Base Bid $ 169,961.00 $ - 173,000.00 This represents a true tabulation of bids opened and read on July 1, 2021. Matt Smith, PE Project Manger Date: July 2, 2021 SECTION 00500 AGREEMENT FORM This Agreement is dated as of the day of in the year 2021, by and between the CITY OF LAUREL, hereinafter called "Owner" and COP CONSTRUCTION LLC, hereinafter called "Contractor". Owner and Contractor, in consideration of the mutual covenants hereinafter set forth, agree as follows: ARTICLE 1— WORK 1.01 Contractor shall complete all Work as specified or indicated in the Contract Documents. The Work is generally described as follows: The supply and installation of the screw pump, drive unit, upper and lower bearings units, and related electrical modifications and other miscellaneous items for fully functional system. ARTICLE 2 —THE PROJECT 2.01 The Projectfor which the Work underthe Contract Documents may be the whole or only a part is generally described as follows: Wastewater Treatment Plant Screw Pump B Replacement ARTICLE 3 —ENGINEER 3.01 The Project has been designed by KU Engineering LLC, which is to act as Owner's Representative, assume all duties and responsibilities, and have the rights and authority assigned to Engineer in the Contract Documents in connection with the completion of the Work in accordance with the Contract Documents. ARTICLE 4 — CONTRACT TIMES 4.01 Time of the Essence A. All time limits for Milestones, if any, Substantial Completion, and completion and readiness for final payment as stated in the Contract Documents are of the essence of the Contract. 4.02 Days for Substantial Completion and Final Payment A. Work will be substantially completed within 30 calendar days of the date of issuance of the Notice to Proceed. Final completion of the Work shall be within 30 calendar days after the date of Substantial Completion. B. Substantial completion will be determined as in Paragraph 1.01 of the General Conditions. C. Final completion is defined as completion of all components of the project including those which were not yet considered complete by substantial completion. 4.03 Liquidated Damages A. 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 completed within the times specified in Paragraph 4.02 above, plus any WWTP Screw Pump B Replacement Agreement Form Section 00500 KU Project 2004-01359 Page 1 of 8 extensions thereof allowed in accordance with Article 12 of the General Conditions. The parties also recognize the delays, expense, and difficulties involved in proving in a legal or arbitration proceedingthe actual loss suffered by Owner if the Work is not completed on time. Accordingly, instead of requiring any such:proof, bwner and Contractor agree that as liquidated damages for delay (but not as a penalty), Contractor shall pay Owner One Thousand dollars $1,000.00 for each day that expires after the time specified in Paragraph 4.02 above for Substantial Completion until the Work is substantially complete and Five Hundred dollars $500.00 for each day after the time specified in paragraph 4.02 for Final Completion. ARTICLE 5 — CONTRACT PRICE 5.01 Contract Payment A. Owner shall pay Contractor for completion of the work in accordance with the Contract Documents the lump sum amount (subject to adjustment as provided in the Contract Documents) of One Hundred Sixty -Nine Thousand Nine Hundred Sixty One and Zero Cents dollars $169,961.00. ARTICLE 6 — PAYMENT PROCEDURES 6.01 Submittal and Processing of Payments A. Contractor shall submit Applications for Payment in accordance with Article 14 of the General Conditions. Applications for Payment will be processed by Engineer as provided in the General Conditions. 6.02 Progress Payments; Retainage A. Owner shall make progress payments in accordance with Article 14 of the General Conditions on account of the Contract Price on the basis of Contractor's Applications for Payment as recommended by Engineer, once each month during construction as provided below. All progress payments will be on the basis of the progress of the Work measured by the number of units of each bid item completed times the bid unit price in the Unit Price Schedule of the Bid Form for that item. 1. Prior to Substantial Completion, progress payments will be made in an amount proportional to the percentage of the Work completed, less the aggregate of payments previously made and less such amounts as Engineer may determine or Owner may withhold, in accordance with Paragraph 14.02 of the General Conditions. a. The Owner shall retain five percent (5%) of the amount of each payment until final completion and acceptance of all Work covered bythe Contract Documents. b. Retainage will be five percent (5%) of materials and equipment not incorporated in the Work (but delivered, suitably stored and accompanied by documentation satisfactoryto Owner as provided in Paragraph 14.02 of the General Conditions). 2. Upon Substantial Completion and at the Owner's discretion, the amount of retainage may be further reduced if requested by the Contractor. W WTP Screw Pump B Replacement Agreement Form Section 00500 KU Project 2004-01359 Page 2 of 8 6.03 Final Payment A. Upon final completion and acceptance of the Work in accordance with Paragraph 14.07 of the General Conditions, Owner shall pay the remainder of the Contract Price as recommended by Engineer as provided in said Paragraph 14.07. ARTICLE 7 — INTEREST 7.01 All moneys not paid when due as provided in Article 14 of the General Conditions shall bear interest at the maximum rate allowed by law at the place of the Project. ARTICLE 8 — CONTRACTOR'S REPRESENTATIONS 8.01 In order to induce Owner to enter into this Agreement, Contractor makes the following representations: A. Contractor has examined and carefully studied the Contract Documents (including all Addenda) listed in Paragraph 9 and the other related data identified in the Bidding Documents. B. Contractor has visited the Site and become familiar with and is satisfied as to the general, local, and Site conditions that may affect cost, progress, and furnishing of the Work. C. Contractor is familiar with and is satisfied as to all federal, state, and local Laws and Regulations that may affect cost, progress, and performance of the Work. D. Contractor has carefully studied all: (1) reports of explorations and tests of subsurface conditions at or contiguous to the site and all drawings of physical conditions in or relating to existing surface or subsurface structures at or contiguous to the site (except Underground Facilities) which have been identified in the Special Provisions as provided in Paragraph 4.02 of the General Conditions and (2) reports and drawings of a Hazardous Environmental Condition, if any, at the site which has been identified in the Special Provisions. as provided in Paragraph 4.06 of the General Conditions. Contractor acknowledges that such reports and drawings are not Contract Documents and may not be complete for Contractor's purposes. Contractor acknowledges that Owner and Engineer do not assume responsibility for the accuracy or completeness of information and data shown or indicated in the Contract Documents with respect to Underground Facilities at or contiguous to the site. E. Contractor has obtained and carefully studied (or assumes responsibility for having done so) all such additional supplementary examinations, investigations, explorations, tests, studies and data concerning conditions (surface, subsurface and Underground Facilities) at or contiguous to the site or otherwise, which may affect cost, progress, performance or furnishing of the Work or which relate to any aspect of the means, methods, techniques, sequences and procedures of construction to be employed by Contractor including applying the specific means, methods, techniques, sequences and procedures of construction, if any, expressly required by the Contract Documents to be employed by the Contractor, and safety precautions and programs incident thereto. F. Contractor does not consider that any additional examinations, investigations, explorations, tests, studies or data are necessary for the performance and furnishing of the Work at the Contract Price, within the Contract Times and in accordance with the other terms and conditions of the Contract Documents. G. Contractor is aware of the general nature of work to be performed by Owner and others at the site that relates to the Work as indicated in the Contract Documents. WWTP Screw Pump B Replacement Agreement Form Section 00500 KU Project 2004-01359 Page 3 of 8 H. Contractor has correlated the information known to Contractor, information and observations obtained from visits to the site, reports and drawings identified in the Contract Documents and all additional examinations, investigations, explorations, tests, studies and data with the Contract Documents. I. Contractor has given Engineerwritten notice of all conflicts, errors, ambiguities or discrepancies that Contractor has discovered in the Contract Documents and the written resolution thereof by Engineer is acceptable to Contractor. J. The Contract Documents are generally sufficient to indicate and convey understanding of all terms and conditions for performance and furnishing of the Work. ARTICLE 9 — CONTRACT DOCUMENTS 9.01 Contents A. The Contract Documents consist of the following: 1. This Agreement (Pages 1 to 8, inclusive). 2. Performance bond 3. Payment bond 4. Standard General Conditions (MPWSS). 5. Supplementary Conditions (MPWSS). 6. Special Provisions 7. Specifications as listed in the Table of Contents of the Project Manual. 8. Addenda (Numbers 1 to 1, inclusive). 9. Wage Rates 10. Exhibits to this Agreement (enumerated as follows): a. Notice to Proceed (Pages 1 to 1, inclusive). b. Contractor's Bid (Pages 1 to 8, inclusive). C. Notice of Award 11. The following which may be delivered or issued on or after the Effective Date of the Agreement and are not attached hereto: a. Written Amendments b. Work Change Directives C. Change Orders d. Any Notice of Partial Utilization e. Notice of Substantial Completion f. Lien Waivers g. Notice of Final Completion and Acceptance 12. Certificates of Insurance WV,/TP Screw Pump B Replacement Agreement Form Section 00500 KU Project 2004-01359 Page 4 of 8 B. There are no Contract Documents other than those listed above in this Article 9. C. The Contract Documents may only be amended, modified, or supplemented as provided in Paragraph 3.04 of the General Conditions. ARTICLE 10— MISCELLANEOUS 10.01 Terms A. Terms used in this Agreement will have the meanings stated in the General Conditions and the Supplementary Conditions. 10.02 Assignment of Contract A. No assignment by a parry hereto of any rights under or interests in the Contract will be binding on another party hereto without the written consent of the party sought to be,bound; and, specifically but without limitation, moneys that may become'due and moneys that are du'e may not be assigned without such consent (except to the extent that the effect of this restriction may be limited by law), and unless specifically stated to the contrary in anywritten consent to an assignment, no assignment will release or discharge the'assignor from any duty or responsibility under the Contract Documents. 10.03 'Successors and Assigns ' A. Owner and Contractor each binds itself, its partners; successors, -assigns; and legal representatives to the other party hereto, its partners, successors, assigns, and legal re.presentatives'in respect to all'covenants,agreements, and obligations contained in the Contract Documents.,.y't 1 10.04 Severability A. Any provision or,,part of the Contract Documents held to be void or unenforceable under any Law or Regulation' lkall'6e deemed stricken, and all remaining provisions shall continue to be valid and :binding,upon Owner and Contractor, who agree that the Contract Documents shall be reformed to replace such r stricken povision or part thereof with a valid and enforceable provision that comes as i close as possible to expressing the intention of the stricken provision. WWTP Screw Pump B Replacement Agreement Form Section 00500 KU Project 2004-01359 Page 5 of 8 IN WITNESS WHEREOF, Owner and Contractor have signed 5 copies of the Agreement. Three have been delivered to Owner, one to Contractor and one to Engineer. All portions of the Contract Documents have been signed or identified by Owner and Contractor or by Engineer on their behalf. This Agreement will be effective on (which is the Effective Date of the Agreement) OWNER: CITY OF LA EL Signature By: —VA 1ST Title: Mti ►f i1r lh.:.d1it..1: _� 1 A dress for ving notices: Q �li1C�� 4XxtXP,l W p6gb44 Phone No.: f'I �01(,Q\��Q �7a 1 Fax No.: CS-tbc+k UU— 299 OF (If OWNER is a public body, attach evidence of authority to sign and resolution or other documents authorizing execution of Owner - Co n t ra ct o r Ag re e m e n t. ) CONTRACTORyICOP CONSTrysri 6N, LLC Signature By: / llwd Title: Attest: ,) ] /mt Signature By: / / Q Title:/ ( ` Address forgiving notices: I)a 13ok,?l�9/3, //in25 1227 Sglll Phone No.: 41M &5 p& 3 a Fax No.: gelp ` CP 5(0 -4(,Pok License No.: "5 5IWO CORPORATE SEAL . Contractor Registration No. 654L` Z) Agent for service of process: (If CONTRACTOR is a corporation or a partnership, attach evidence ofauthorityto sign.) WWTP Screw Pump B Replacement Agreement Form Section 00500 KU Project 2004-01359 Page 6 of 8 Owner's Designated Representative: Name: Title: Address: Phone FAX Contractor's Designated Representative: Name: /vn / /(*(le Title: Address: /J' Q. &Y dQ913 Phone No.: FAX No.: END OF SECTION WWTP Screw Pump B Replacement Agreement Form Section 00500 KU Project 2004-01359 Page 7 of 8 PAGE INTENTIONALLY BLANK W WiP Screw Pump B Replacement Agreement Form Section 00500 KU Project 2004-01359 Page 8 of 8 SUSPEND WORK ORDER Date: 8 11 2021 Project: Wastewater Treatment Plant Screw Pump B Replacement Under the terms of the Agreement, dated July 13. 2021, on the referenced project, you are hereby directed to SUSPEND WORK on this project for the following reason(s): Procurement of the screw pump as per 00900-1.06. This notice is effective at the close of business on August 11, 2021, at which time there remains 30 day(s) in which to complete your Contract. A Resume Work Order will be issued when conditions are such that work can be performed in accordance with the specifications. Please acknowledge your receipt of this Order in the space provided below and return a copy to KU. Receipt Acknowledged: Contractor Signature Title Date Sincerely, C (Owner) Contract Data: Stipulated Contract Days: 30 days Authorized Extension Days: 0 days Total Contract Days: 30 days Days Used To Date: 0 days Days Remaining: 30 days W WTP Screw Pump B Replacement Page 1 of 1 KU Project 2004-01359 Notice to Proceed Date: 8/11/2021 Project: Wastewater Treatment Plant Screw Pump B Replacement Owner: City of Laurel Owner's Contract No.: Contract: Base Bid Engineer's Project No.: 2004-01359 Contractor: COP Construction LLC Contractor's Address: PO Box 20913 Billings, MT 59104 You are notified that the Contract Times underthe above Contract will commence to run on August 11, 2021. On or before that date, you are to start performing your obligations under the Contract Documents. In accordance with Article 4 of the Agreement, the numbers of days to achieve Substantial Completion is 30. and the number of days to achieve readiness for final payment is 30. Before you may start any Work at the Site, Paragraph 2.01.13 of the General Conditions provides that you and Owner must each deliver to the other (with copies to Engineer and other identified additional insured and -loss payees) certificates of insurance which each is required to purchase and maintain in accordance with the Contract Documents. Also, before you may start any Work at the Site, you must: 1. Schedule of values, Schedule of planned submittals, List of suppliers, List of sub -contractors, Project schedule, and Quality control plan. Date Copy to Engineer WWTP Screw Pump B Replacement Notice to Proceed Form C-550 KU Project 2004-01359 Page 1 of 1