HomeMy WebLinkAboutResolution No. R19-131MIU ii AUZi Ci0lm2mi
WHEREAS, the City solicited bids from qualified firms to determine the cost to complete the
City's project known as the East 6th Street Project pursuant to the City's Procurement Policy; and
WHEREAS, with the assistance of Kadrmas, Lee & Jackson, Inc. ("KLJ"), City Staff received two
responsive bids for the project and recommends the selection of FirstMark Construction to complete the
project as advertised for the total bid of $1,218,900.00 as contained in the bid documents which are
attached here and incorporated herein.
WHEREAS, the City ofLaurel has complied with its Procurement Policy by utilizing a competitive
bid process to ensure the project cost and firm selected are in the best interest of the City in both quality
and price.
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Laurel, Montana, the
City Council accepts the bid submitted by FirstMark Construction in the amount of $1,218,900.00. The
Mayor and City Clerk are authorized to execute all documents required for the award of the contract and
completion of the City's East 6th Street Project.
Introduced at a regular meeting of the City Council on May 7, 2019, by Council Member Wilke.
PASSED and APPROVED by the City Council of the City of Laurel this 7th day of May 2019.
APPROVED by the Mayor this 7th day of May 2019.
CITY OF LAUREL
Thomas C. Nelson, Mayor
Beth e, ner -Treasurer
APPROVE S ORM:
Sam Painter, Civil City Attorney
R19-13 Accept Bid East 6°i Street Project FirstMark Construction
KUENG.COM
April 25, 2019
Kurt Markegard
City of Laurel
115 W. 1st Street
Laurel, MT 59044
Re: East 6th Street Improvements Project— Recommendation of Award
Dear Kurt:
MR
Bids for the East 6`" Street Improvements project were received April 25, 2019. Two bids were opened
and read aloud, totaling $1,218,900.00 and $1,487,017.19, respectively. The bids were checked for
mathematical accuracy no discrepancies were found.
The low bidder is FirstMark Construction. The total bid amount is $1,218,900.00 for Base Bid Schedules
1-3 combined. We recommend the contract be awarded to FirstMark Construction, accordingly, for all
bid schedules. 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
FirstMark Construction to route final Contracts for the City's approval.
Please be aware of Special Provision 1.10. B.2 as modified by Addendum 1. To deal with the unstable
subgrade without unnecessarily inflating construction cost, we designed the stabilized road section to a
minimum base thickness and added this provision. This provision allows us to re -assess the base
thickness during construction and make adjustments as needed. We are not anticipating an increase to
the thickness. However, the City should budget for an additional $134,000 to account for this possibility
in case it is needed.
if you have any questions or concerns, please contact me at (406) 245-5499.
Sincerely,
Ni
Carl Jackson, PE
Project Manager
Enclosure(s): Notice of Award
Tabulation of Bids
Project #: 1804-00121
cc: Travis Copper, file
ENGINEERING, REIMAGINED
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(A
Date: May 7, 2019
Project: East 6t" Street Improvements
Owner: City of Laurel Owner's Contract No.:
Contract: Total Combined Bid of Schedules 1-3 Engineer's Project No.: 1804-00121
Bidder: FirstMark Construction
Bidder's Address: 6611 Trade Center Avenue
Billings, MT 59102
You are notified that your Bid dated April 25, 2019 for the above Contract has been considered. You are
the Successful Bidder and are awarded a Contract for East 6th Street Improvements.
The Contract Price of your Contract is One Million, Two Hundred Eighteen Thousand, Nine Hundred Dollars and
No Cents ($1,218,900.00).
4 copies of the proposed Contract Documents (except Drawings) accompany this Notice of Award.
tbd sets of Drawings will be delivered separately for otherwise made available to you immediately.
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: (none)
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.
City of Laurel
Owner
�horized Si nature
Title
Copy to Engineer
East 6th Street Improvements Notice of Award Form 00510
KU Project 1804-00121 Page 1 of 1
SECTION 00500
AGREEMENT FORM
This Agreement is dated as of the J day of b in the year 2019, by and between the
City of Laurel, hereinafter called "Owner" and First ark Co struction, 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:
Reconstruction of four blocks of East 6th Street, 1st Avenue to Wyoming Avenue, as a full urban
street section, including curb and gutter, sidewalk, pedestrian ramps, driveway approaches and
new asphalt pavement; and installation of one block of new water main, including valves,
fittings, fire hydrants and other appurtenances.
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:
East 6th Street Improvements, City of Laurel, Montana
ARTICLE 3 — ENGINEER
3.01 The Project has been designed by Kadrmas, Lee and Jackson, Inc. (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 complete within 60 calendar days after the date when the
Contract Time commences to run, but no later than August 14, 2019. Final Completion of the
Work shall be within 45 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
4.02 above, plus any extensions thereof allowed in accordance with Article 12 of the General
East 6th Street Improvements Agreement Form Section 00500
KU Project 1804-00121 Page 1 of 8
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 four hundred dollars $1,400 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 for each day after the time specified in paragraph 4.02 for Final
Completion.
ARTICLE 5 — CONTRACT PRICE
5.01 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 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 by the Contract Documents.
b. Owner shall retain five percent (5%) of materials and equipment not incorporated in
the Work (but delivered, suitably stored, and accompanied by documentation
satisfactory to Owner as provided in Paragraph 14.02 of the General Conditions).
East 6th Street Improvements Agreement Form Section 00500
KU Project 1804-00121 Page 2 of 8
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
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.
East 6th Street Improvements Agreement Form Section 00500
KU Project 1804-00121 Page 3 of 8
F. Contractor does not consider that any additional examinations, investigations, explorations,
tests studies, or data are necessary for the performance and furnishing of the VVod< at the
Contract Price, within the Contract Times and in accordance with the other terms and conditions
ofthe Contract Documents.
G. Contractor is aware of the general nature of work to be performed bvOwner and others at the
Site that relates to the Work as indicated in the Contract Documents.
H. Contractor has correlated the information known toContractor, information and observations
obtained from visits to the Site, reports and drawings identified inthe 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 toindicate and convey understanding of all
terms and conditions for performance and furnishing ofthe Work.
ARTICLE 9—CONTRACT DOCUMENTS
9.01 Contents
A. The Contract Documents consist ofthe following:
1. This Agreement (Pages 1toQ,indusive);
2. Performance bond (Pages 1to3,indusive);
3. Payment bond (Pages 1to3,indusive\;
4. Standard General Conditions (K4PWSS);
S. Supplementary Conditions (K4PVVSS);
6. Special Provisions (Pages 1toO,indusive);
7. Specifications aslisted inthe table ofcontents ofthe Project Manual;
8. Drawings consisting of a cover sheet numbered G1 through XS4 with each sheet bearing
the following general title: East 6^»Street Improvements;
9. Addenda (Numbers 1tu1,indusive);
10. Exhibits to this Agreement (enumerated as follows):
a. Contractor's Bid (Pages 1tog\induswe);
b. Documentation submitted bvContractor prior toNotice ufAward (N/A);
c. Notice of Award
East 6th Street Improvements Agreement Form Section 00500
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. Certificates of Insurance;
13. Wage Rates;
14. 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
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.
East 6th Street Improvements Agreement Form Section 00500
KU Project 1804-00121 Page 5 of 8
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.
East 6th Street Improvements Agreement Form Section 00500
KU Project 180*O0121 pe8e 6ofo
IN WITNESS WHEREOF, Owner and Contractor have signed four (4) copies o reerInt. Two
counterparts have been delivered to Owner, one to Contractor, and one to EnginefiWIA I popKns of the
Contract Documents have been signed or have been identified by 0 and ntractor or by
Engineer on their behalf.
This Agreement will be effective on_
This agreement shall not be effective unless and until concurred by Funding Agency's (if any) designated
OWNER: CITY OF LAUREL
-__~— ) ~ -
(SigTture
Name Name/
Attest: Attest:
(Signature) (m�narure)^~
Address forgiving notices:
(CORPORATE SEAL)
(if Owner bapublic body, attach
evidence ofauthority tosign and
resolution orother documents
authorizing execution mfOwner-
Contractor
Address forgiving notices:
Phone: 6 57
Contractor RegistrationNo.
Agent for service of process
(if CONTRACTOR isacorporation, apartnership, urajoint
venture, attach evidence of authority to sign.)
East 6th Street Improvements Agreement Form Section 00500
Owner's Designated Representative:
Name:
Title:
Address:
Phone:
FAX:
AGENCY CONCURANCE:
Contractor's Designated Representative:
Name: ttitz-c-
Title:
Address: 66)1 TA44 e:,
Phone: SS o"I 7 -
FAX: 7_
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
East 6th Street Improvements Agreement Form Section 00500
KU Project 1804-00121 Page 8 of 8
Notice of Award
Project: East 6 thStreet Improvements
Owner: City of Laurel lowner's Contract No.:
Contract: Total Combined Bid of Schedules 1-3 JEngineer'sProject No.: 1804-00121
Bidder: RrstMamkConmtrucdon
Bidder's Address: 6611 Trade Center Avenue
You are notified that your Bid dated the above Contract has been considered. You are
the Successful Bidder and are awarded aContract for East 6 1h Street Improvements.
The Contract Price ofyour Contract b One Million, Two Hundred Eighteen Thousand, Nine Hundred Dollars and
4 copies of the proposed Contract Documents (except Drawings) accompany this Notice of Award.
(tbd) sets of Drawings will be delivered separately for otherwise made available to you immediately.
You must comply with the following conditions precedent within fifteen [15] days of the date you receive this
Notice of Award.
1. Deliver tnthe Owner fully executed counterparts ofthe 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: (none)
Failure tocomply with these conditions within the time specified will entitle Owner tmconsider you indefault,
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.
City of Laurel
Copy toEngineer
East 6th Street Improvements Notice of Award Form 00510
KU Project 1804-00121 Pagezofz
RESOLUTION NO. R19-13
A RESOLUTION ACCEPTING THE BID FROM FIRSTMARK CONSTRUCTION AND
AUTHORIZING THE MAYOR AND CITY CLERK TO SIGN ALL RELATED DOCUMENTS
FOR THE EAST 6TH STREET PROJECT, CITY OF LAUREL, MONTANA.
WHEREAS, the City solicited bids from qualified firms to determine the cost to complete the
City's project known as the East 6' Street Project pursuant to the City's Procurement Policy; and
WHEREAS, with the assistance of Kadrmas, Lee & Jackson, Inc. ("KLJ"), City Staff received two
responsive bids for the project and recommends the selection of FirstMark Construction to complete the
project as advertised for the total bid of $1,218,900.00 as contained in the bid documents which are
attached here and incorporated herein.
WHEREAS, the City of Laurel has complied with its Procurement Policy by utilizing a competitive
bid process to ensure the project cost and firm selected are in the best interest of the City in both quality
and price.
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Laurel, Montana, the
City Council accepts the bid submitted by FirstMark Construction in the amount of $1,218,900.00. The
Mayor and City Clerk are authorized to execute all documents required for the award of the contract and
completion of the City's East 6' Street Project.
Introduced at a regular meeting of the City Council on May 7, 2019, by Council Member Wilke.
PASSED and APPROVED by the City Council of the City of Laurel this 7b day of May 2019.
APPROVED by the Mayor this 7' day of May 2019.
palwl!; I
M74 -Mt. -Ne,lson, Kla7yo—r
7TkKZ--1
Betlia—ny0an Vqerk-Treasurer
APPROVE AS
ORM-:
Sam Painter, Civil City Attorney
R19-13 Accept Bid East 6th Street Project FirstMark Construction