HomeMy WebLinkAboutResolution No. R21-55RESOLUTION NO. R21-55
A RESOLUTION OF THE CITY COUNCIL SELECTING OSSEO CONSTRUCTION CO., LLC
AS THE SUCCESSFUL BIDDER FOR THE CITY'S WATER TANK RECOAT PROJECT.
WHEREAS, the City of Laurel planned to recoat its water tank as part of its routine maintenance,
and such project 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, Osseo Construction Co. LLC submitted a bid of $162,460.00 to complete the project
on the City's behalf. 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 Osseo Construction Co.,
LLC for its bid price of $162,460.00. 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 completion of the
project.
Introduced at a regular meeting of the City Council on July 13, 2021, by Council Member Herr.
PASSED and APPROVED by the City Council of the City of Laurel this 13"' day of July 2021
APPROVED by the Mayor this 131 day of July 2021.
IT1 OF LAUREL
mas C. Nelson, Mayor,
ATTES V
Bethany Lan , k -Treasurer,
Approved as to form:
Sam Paint ivil Cr ttorrtey
R21-55 Award Bid for Water Tank Recoat Project
7611 Gabel Good
ROOM, MT 59102-7379
4062455499
KUENG.COM.
July 2, 2021
Kurt Markegard
City of Laurel
115 W. 1st Street
Laurel, MT 59044
Re: Laurel Water Storage Tank Roof Recoat — Recommendation of Award
Dear Kurt:
Bids for the Laurel Water Storage Tank Roof Recoat project were received July 1, 2021. Four bids were
opened and read aloud, with bid amounts being $162,460.00, $186,200.00, $274,790.00 and
$296,000.00. The bids were checked for mathematical accuracy and no discrepancies were found. One
Irregularity with the Bid Opening was that Osseo Constructions Co. LLC bid was misplaced until July 2,
2021 when it was opened and read, FedEX tracking Information showed that the bid arrived at the City
of Laurel on June 29, 2021.at 1:47 pm, which makes it a valid bid. All bidders where on the
prequalification's list.
The lowest bidder is Osseo construction Co. LLC. We recommend the contract be awarded to Osseo
construction Co. LLC for the amount of $162,460.00, 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 or
doug.whitney@kljeng.com.
Sincerely,
KU
..,I ;-/-k
Matt Smith, PE
Area Manger
Enclosure(s): Notice of Award
Certified Bid Tabulation
Project #: 1904-01843
cc: File
ENGINEERING, REIMAG-INED
Notice of Award
Date: -1,��V
Project: Laurel Water Storage Tank Roof Recoat
Owner: City of Laurel (Owner's Contract No.: N/A
Contract: Base Bid Engineer's Project No.:
Bidder: The Osseo Construction, Co. LLC
Bidder's Address: 1424810th St.
Osseco, WI 54758
You are notified that your Bid dated June 28, 2021 for the above Contract has been considered.
You are the Successful Bidder and are awarded a Contract for Laurel Water Storage Tank Roof Recoat.
The Contract Price of your Contract is One Hundred Sixty-two Thousand Four Hundred Sixty dollars and Zero
Cents ($162.460.00).
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.
Copy to Engineer
Laurel Water Storage Tank Roof Recoat Notice of Award Form C-510
KU Project 1904-01843 - Page 1 of 1
TABULATION OF BIDS
Laurel Water Storage Tank Roof Recoat
CITY OF LAUREL, MONTANA
July 2, 2021
«vLl
Base Bid
Farr Construction Corporation
Thomas Industrial Coatings
TMI Coating, Inc
Osseo Construction Ca LLC
Total Prim
Total Price
Total Price
Total Prim
Base Bid Lump Sum Price
$ 186,200.00
$ 274,790.00
$ 296,DW00
$ 162,460.00
Total of Base Bid
$ 186,200.00
$ 274,790.00
$ 296,000.00
$ 162,460.00
This represents a true tabulation of bids opened and read on July 1, 2021 and July 2, 2021
Area Manager
Date: July 2, 2021
SECTION 00500
AGREEMENT FORM
This Agreement is dated as of the 1-613r—Lday of in the year Z-1 by and between
CITY OF LAUREL, hereinafter called "Owner" and THE ONSTRUCTION CO. LLC, hereinafter called
"Contractor".Ownerand 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:
Recoating the exterior roof of a ground level welded steel water storage tank, including removal
and disposal of the existing paint on the roof, and the application of a new coating system on the
tank in accordance with the Contract Documents.
/a1;iilty *=I:P111: 101Xyli
2.01 The Project for which the Work under the Contract Documents may be the whole or only a part
is generally described as follows:
Laurel Water Storage Tank Roof Recoat
ARTICLE 3 — ENGINEER
3.01 The Project has been designed by KU Engineering LLC, (KU), who is hereafter called Engineer and
who 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 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 Completion.
A. The Work will be substantially completed within 8 calendar days after the date when the
Contract Time commences to run as provided in Paragraph 2.03 of the General Conditions. Final
Completion of the Work shall be within 21 calendar days after the date of Substantial
Completion.
Laurel Water Storage Tank Roof Recoat Agreement Form Section 00500
KU Project 1904-01843 Page 1 of 8
4.03 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 n6t completed'wiihin the times specified in Paragraph
4.02 above, plus any 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 proceeding the actual loss suffered by Owner if the Work is not
completed on time. Accordingly, instead of requiring any such proof, Owner and Contractor
agree that as liquidated damages for delay (but not as a penalty), Contractor shall pay Owner
one thousand dollars gMQ for each day that expires afterthe time specified in Paragraph 4.02
above for Substantial Completion until the Work is substantially complete and two hundred
and fi dollars 250 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-two Thousand Four Hundred Sixty dollars and Zero Cents
B. dollars $162,460.00.
ARTICLE 6 — PAYMENT PROCEDURES
6.01 Submittal and Processing of Payments
,i
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 Contract
Documents.
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 completed 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 equal to
the work completed but, in each case, 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, and less the following retainages.
a. Owner shall retain five percent (5%) of the amount of the work completed until
Final Completion and acceptance of all Work covered bythe Contract Documents.
b. Owner shall retain five percent (5%) of materials and equipment not incorporated in
Laurel Water Storage Tank Roof Recoat Agreement Form Section 00500
KU Project 1904-01843 Page 2 of 8
the Work (but delivered, suitably stored, and accompanied by documentation
satisfactory to Owner as provided in Paragraph 14.02 of the General Conditions).
2. Upon Substantial Completion and at Owner's discretion, the amount of retainage may be
further reduced if requested by Contractor.
6.03Final 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 Article 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 and furnishing 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 and as provided in Paragraph 4.02
of the General Conditions, and (2) reports and drawings of Hazardous Environmental
Conditions, 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 cast, progress, performance or furnishing of the Work
or which relate to any aspect of the means, methods, techniques, sequences and procedures of
Laurel Water Storage Tank Roof Recoat
KU Project 1904-01843
Agreement Form
I
Section 00500
Page 3 of 8
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 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 otherterms and conditions
of the Contract Documents.
r
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.
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 Engineer written 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. Exhibits to this Agreement (enumerated as follows):
a. Contractor's Bid (Pages 1 to 6, inclusive);
b. Notice of Award
10. The following which may be delivered or issued on or after the Effective Date of the
Agreement and are not attached hereto:
a. Notice to Proceed;
b. Written Amendments;
c. Work Change Directives;
d. Change Orders;
Laurel Water Storage Tank Roof Recoat Agreement Form Section 00500
KU Project 1904-01843 Page 4 of 8
e. Any Notice of Partial Utilization;
f. Notice of Substantial Completion;
g. Notice'of Final Completion and Acceptance
11. Certificates of Insurance;
_,
12. Wage Rates; ? { - %• i. _
13. Montana Public Works Standard Specifications, Sixth Edition, dated April 2010.
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 which are defined in Article 1 of the General Conditions will have
the meanings indicated in the General Conditions.
10.02 Assignment of Contract
A. No assignment by.a party hereto of any rights under or.interests in the Contract will be binding
on anoth4ee pa'ty'her'eto wifliout the written consent hof th'e party sought to: be bound; -and,
specifically but without limitation, moneys that may become due andmoneysthat are, due may
not be assigried'without such consent (except to thea extentthat'the e'ffecf of this restriction
may be limited by law), and unless specifically stated to the contrary in any written consent to
an assignment, no assignment will release or discharge the,a'ssig'n'or••from any duty or
responsibility under the Contract Documents.
10.03 Successors and Assigns A _
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
representatives in respect to all covenants, agreements, and. obligations,'contained in the
Contract Documents. ,.
10.04: Severability
A. Any provision or part of the Contract Documents held to be void or unenforceable under Law
g; or Regulatiog shall be deemed strickgn, and all remaining provisions shall continue to be valid
and .binding upon Owner and Contractor, who 'agree that the Contract Documents shall be
refoFFSied "to replace?such, stricken -provision or part thereof with a valid and enforceable
provisionkfiz- combs'as'close'asp6ssible to expressing the intention of the stricken provision.
Laurel Water Storage Tank Roof Recoat Agreement Form Section 00500
KU Project 1904-01843 Page 5 of 8
IN WITNESS WHEREOF, Owner and Contractor have signed 5 (five) copies of Agreement. Three have been
delivered to Owner, one to Contractor, and one to Engineer. All portions of the Contract Documents
have been signed or have been identified by Owner and Contractor or by Engineer on their behalf.
This Agreement will be effective on c� U
This agreement shall not be effective unless and until concurred by Funding Agency's (if any) designated
representative.
OWNER: CITY OF LAUREL
(Signature) N�
Name: �I rnaS i�. tyle Icon
� r
Attest:
(S at )
CONTRACTOR: OSSEO CONSTRUCTION CO., LLC
By:
(ignature)
Name: /ii2�d , T P°r°Pk
�ress ivmg notices: Address for giving notices:
h kffzy to go. Box 1'f,z�
J=a&&nA Ma , qoOSS-eo, WI 514751r
Phone: CLAM, LQZO—��'�c7t
OF
p�) r •. c
O
SEAUM
(If Owner ig. ,Qblic`Ifotly, at
evidence of iCU1�7" `c
resolution or othctdos
authorizing execution of Owner -
Contractor Agreement.)
Phone: 715- g5(o'r"(oa7
(SEAL)
Contractor Registration No. T' Ia'A-7bil
14 C)a93b9
Agent for service of process
A 11 Day 4+1 Monirora Kew &exxt LLG
too t S. rytCL.n Si' STE"
IGaV%5pe k , MT 59oo1
(If CONTRACTOR is a corporation, a partnership, or a joint
venture, attach evidence of authority to sign.)
Laurel. Water Storage Tank Roof Recoat Agreement Form Section 00500
KU Project 1904-01843 Page 6 of 8
Owner's Designated Representative:
I
Contractor's Designated Representative
Name:
Name: �f moy QopO�P�
Title:
Title: Qµjh-e-r-
Address:
Address: F.O. -jOX 1LJ3
�Se�, ws Sy�i58
Phone:
Phone: 15- 44S -5�7(va
FAX:
FAX: 11 S -59 9, A14-7 'i
AGENCYCONCURANCE:
As lender or insurer of funds to defray costs of this Contract, and without liability for any payments
thereunder, the Agency hereby concurs in the form, content and execution of this Agreement.
By:
(Agency Official's Signature)
Title:
Date:
END OF SECTION
Laurel Water Storage Tank Roof Recoat Agreement Form Section 00500
KLJ Project 1904-01843 Page 7 of 8
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Laurel Water Storage Tank Roof Recoat Agreement Form Section 00500
KU Project 1904-01843 Page 8 of 8
r
PAGE INTENTIONALLY BLANK
Laurel Water Storage Tank Roof Recoat Agreement Form Section 00500
KU Project 1904-01843 Page 8 of 8
Notice to Proceed
Date: 8/13/2021
Project: Laurel Water Storage Tank Roof Recoat
Owner: City of Laurel Owner's Contract No.:
Contract: Base Bid Engineer's Project No.: 1904-01843
Contractor: Osseo Construction Co. LLC
Contractor's Address: PO Box 143
Osseo, WI 54758
You are notified that the Contract Times under the above Contract will commence to run on August
25, 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 8 and the number of days to achieve readiness for final payment is 21.
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.
Owner
Given by:
Authorized Signature
Title
Date
Copy to Engineer
Laurel Water Storage Tank Roof Recoat Notice to Proceed Form C-550
KU Project 1904-01843 Page 1 of 1