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HomeMy WebLinkAboutResolution No. R22-29RESOLUTION NO. R22-29 A RESOLUTION AWARDING THE BID AND AUTHORIZING THE MAYOR TO EXECUTE ALL CONTRACT AND RELATED DOCUMENTS FOR THE PROJECT KNOWN AS THE WTP LIFT WELL REPLACEMENT. WHEREAS, the City of Laurel needs to conduct a Lift Well Replacement, known as the WTP Lift Well Replacement Project (hereinafter "the Project"); WHEREAS, the City of Laurel has complied with its procurement policy and Montana law by utilizing a competitive bid process to ensure the project cost and firm selected is in the best interests of the City in both quality and price; and WHEREAS, the City of Laurel sought bids from qualified firms to complete the project by publicly advertising the project pursuant to Montana law; and WHEREAS, the City of Laurel received a responsive bid from KLE Construction, LLC (hereinafter "KLE") for the project; and WHEREAS, KLE's bid to complete the project is for the total cost of One Million One Hundred Seventeen Thousand Five Hundred Dollars and No Cents ($1,117,500.00); WHEREAS, KLE was the lowest qualified bidder, and such bid is attached hereto and incorporated by reference herein; and WHEREAS, the City of Laurel currently possesses adequate funds to complete the project and it is in the City of Laurel's best interests to proceed with the project. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Laurel, Montana, that the City Council accepts the bid with KLE and the Mayor is authorized to execute all contract and related documents with KLE for the project known as the WTP Lift Well Replacement, pursuant to the terms and conditions contained in the attached bid for the total cost of One Million One Hundred Seventeen Thousand Five Hundred Dollars and No Cents ($1,117,500.00). Introduced at a regular meeting of the City Council on the 14`h day of June, 2022, by Council Member Herr. PASSED and APPROVED by the City Council of the City of Laurel the 14'h day of June, 2022. APPROVED by the Mayor the 14th day of June, 2022. R22-29 Awarding Bid and Authorizing Mayor to Execute Contract Documents for Project Known as The WTP Lift Well Replacement CITY OF LAUREL Dave Waggoner, Mayo ATTEST: Kelly Strecker, Clerk -Treasurer APPROVED AS TO FORM: Michele L. Braukmann, Civil City Attorney R22-29 Awarding Bid and Authorizing Mayor to Execute Contract Documents for Project Known as The WTP Lift Well Replacement 2611 Gabel Road Blllln a, MT 59102-7329 406 245 5499 KUENG.WM June 1, 2022 Nathan Herman City of Laurel 115 W. 1st Street Laurel, MT 59044 Re: WTP Lift Well Replacement — Recommendation of Award Dear Nathan: Bids for the WTP Lift Well Replacement project were received on May 6, 2021. Two bids were opened and read aloud, with bid amounts being $1,117,500.00 and $1,557,150.00. All bids were considered responsive bidders. The bids were checked for mathematical accuracy and one discrepancy was found. Dick Anderson miscalculated the total price of bid item #403 however their total Base 'Bid amount was correct. Their recalculated bid item #403 amountis'$18,400. The apparent low bidder was KLE Construction, I.I.C. Following the bid tabulation analysis, KU contacted Great West for a reference on KLE Construction's work on the Absarokee Lagoon project. The reference stated that the work has been acceptable, but the Contractor has been unable to remain on schedule and they have had complaints from suppliers that they are not getting paid on time. KU also requested that KLE provide information regarding competency with working near the existing infrastructure. KLE submitted a preliminary shoring and trenching plan that was reviewed by SK Geotechnical and KU's'structural department for general competency. It was determined that a more detailed submittal will be needed but the preliminary information that was provided was enough to prove competency for the work. The lowest bidder for the project is KLE Construction, LLC. We recommend she contract for Schedule 1— Base Bid be awarded to KLE Construction, LLC for $1,117,500.00. Enclosed is the Notice of Award.(NOA) for the City's approval and a Certified Bid Tabulation. Please sign, date, and return four (4) original NOA forms; upon receipt, we will work with KLE Construction, LLC to route final Contracts for the City's approval. If you have any questions or concerns, please contact me at (406) 373-7244. Sincerely, KU Engineering Alvz�— McKenzie Butcher, PE Design Engineer Enclosure(s): Notice of Award Certified Bid Tabulation Project #: 2004-01487 cc: file ENGINEERING, REIMAGINED Notice of Award Date: 6/1/2022 Project: WTP Lift Well Replacement Owner: City of Laurel Owner's Contract No.: N/A Contract: Schedule 1— Base Bid Engineer's Project No.: 2004-01487 Bidder: KLE Construction, LLC Bidder's Address: PO Box 80626 Billings, MT59108 You are notified that your Bid dated May 19t1, 2022, for the above Contract has been considered. You are the Successful Bidder and are awarded a Contract for the WTP Lift Well Replacement Project The Contract Price of your Contract is One Million One Hundred Seventeen Thousand Five Hundred Dollars ($ 1,117,500.00). 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. Citv of Laurel wne BY: `� aj i �• Authorized Signature yV �o:� r�r Title 11 Copy to Engineer WTP Lift Well Replacement Notice of Award Form C-510 KU Project 2004-01457 Page 1 of 1 SECTION 00500 AGREEMENT FORM This Agreement is dated as of the k day of in the year .0a Z_.,by and between City of Laurel, hereinafter called "Owner" and KLE nstruction 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 installation of a new Lift Well at the Laurel Water Treatment Plant.Project includes the removal and replacement of approximately of 120 LF of 14 and 8 Inch Ductile Iron pipe,and 100 LF of 4-inch HDPE,and 220 LF of 8-inch PVC pipe in accordance with the Contract Documents. ARTICLE 2—THE PROJECT 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: WTP Lift Well Replacement 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 90 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 30 calendar days after the date of Substantial Completion. 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 not completed within the times specified in Paragraph WTP Lift Well Replacement Agreement Form Section 00500 KU Project 2004-01487 Page 1 of 8 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 Two Thousand Five Hundred dollars$2,500.00 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 an amount equal to the sum of the established Unit Price for each separately identified item of Unit Price Work times the quantity of that item that is constructed and accepted. Unit prices are those listed in the Unit Price Schedule of the Bid Form attached as Exhibit A to this Agreement. Estimated quantities used for bidding purposes are not guaranteed. Payment will be for actual quantities as determined by Engineer in accordance with Paragraph 9.07 of the General Conditions. Unit prices have been computed as provided in Paragraph 11.03 of the General Conditions. 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 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 progressof 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 by the Contract Documents. WTP Lift Well Replacement Agreement Form Section 00500 KU Project 2004-01487 Page 2 of 8 b. Owner shall retain 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 Owner's discretion,the amount of retainage may be further reduced if requested by Contractor. 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 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 WTP Lift Well Replacement' Agreement Form Section 00500 KU Project 2004-01487 Page 3 of 8 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 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. 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(Pages 1 to 8, inclusive); 7. Specifications as listed in the table of contents of the Project Manual; 8. Drawings consisting of a cover sheet numbered G1 through E3 with each sheet bearing the following general title:WTP Lift Well Replacement. 9. Addenda (Numbers 1 to 1, inclusive); 10. Exhibits to this Agreement(numerated as follows): a. Contractor's Bid (Pages 1 to 8, inclusive); b. Documentation submitted by Contractor prior to Notice of Award N/A; c. Notice of Award WTP Lift Well Replacement Agreement Form Section 00500 KU Project 2004-01487 Page 4 of 8 11. 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; e. Any Notice of Partial Utilization; f. Notice of Substantial Completion; g. Notice of Final Completion and Acceptance 12. Proposal Form(where applicable); 13. Disadvantaged Business Enterprises(DBE) Requirements(where applicable); 14. FHWA Form 1273(where applicable); 15. Required Contract Provisions for Federal-Aid Construction Contracts(where applicable); 16. Special Provisions, EEO Affirmative Action Requirements on Federal and Federal-Aid Construction Contracts(where applicable); 17. Certificates of Insurance; 18. Wage Rates; 19. 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 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 due 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 any written consent to WTP Lift Well Replacement Agreement Form Section 00500 KU Project 2004-01487 Page 5 of 8 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 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 or Regulation shall be 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 stricken provision or part thereof with a valid and enforceable provision that comes as close as possible to expressing the intention of the stricken provision. WTP Lift Well Replacement Agreement Form Section 00500 KU Project 2004-01487 Page 6 of 8 IN WITNESS WHEREOF, Owner and Contractor have signed 5 copies of Agreement.Three counterparts 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 O 2 2 This agreement shall not be effective unless and until concurred by Funding Agency's (if any) designated representative. 0 _ t: City of Laurel CONTRACTOR: KL Construction, LLC By. °'� `"� By: ` ,(C�`-tp/v�-- (Signature) ` ( ignature) Name: F!SIA) ON6601Jj ' Name: �' e fikk fL ; ✓� -..� Attest: ,/ ��w `�,��/JAttest: � 11 i . „, A Nktkiktr (S% ;Iture) (Signature) Address for giving notices: Address for giving notices: ao X i30l02t9 6lVINS , MT I'll( Phone: Phone: ilk ci( \ tort (CORPORATE SEAL) (SEAL) ,v 'N. (If Owner is a public body,attach evidence of authority to sign and resolution or other documents authorizing execution of Owner- Contractor Agreement.) Contractor Registration No. KI) 188 Agent for service of process (If CONTRACTOR is a corporation,a partnership,or a joint venture,attach evidence of authority to sign.) WTP Lift Well Replacement Agreement Form Section 00500 KU Project 2004-01487 Page 7 of 8 Owner's Designated Representative: Contractor's Designated Representative: Name: Name: Title: Title: Address: 'Address: Phone: Phone: FAX: FAX: AGENCY CONCURANCE: 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: •f Date: END OF SECTION WTP Lift Well Replacement Agreement Form Section 00500 KU Project 2004-01487 Page 8 of 8