HomeMy WebLinkAboutResolution No. R21-28RESOLUTION NO. R21-28
RESOLUTION AWARDING WEAVE CONSULTING THE CONTRACT
FOR THE CITY OFLAUREL'S LION'S PARK IMPROVEMENTS
PROJECT AND TO AUTHORIZE THE MAYOR TO SIGN ALL
DOCUMENTS RELATING TO THE PROJECT ON THE CITY'S
BEHALF.
WHEREAS, the City of Laurel planned and publicly advertised the project known
as the Lion's Park Improvements Project, and the City received responsive bids from
qualified contractors; and
WHEREAS, the City's Engineers, KLJ, and City Staff considered the bids
received andrecommends the City Council award the project and that the contract is in the
City's best interest; and
WHEREAS Weave Consulting submitted a bid of $149,708.69 and both KLJ and
the City Staff havedetermined 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 contract and
project to Weave Consulting for its bid price of $149,708.69. 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 Project.
Introduced at a regular meeting of the City Council on May 11, 2021, by Council
Member Herr.
PASSED and APPROVED by the City Council of the City of Laurel this 11 th day
of May 2021.
APPROVED by the Mayor this 11 th day of May 2021.
CITY OF LAUREL
M' omas C. Nelson, Mayor
R21-28 Award Lion's Park Improvements Project -Weave Consulting.
ATTEST:
Bethany an ve, rk/Treasurer
Approved o f
Sam Painter, Civil City Attorney
R21-28 Award Lion's Park Improvements Project -Weave Consulting.
2611 Gabel Road
Billings, MT 59102.7329
406 245 5499
WENG.COM
April 30, 2021
Kurt Markegard
City of Laurel
115 W. 1st Street
Laurel, MT 59044
Re: Lions Park — Recommendation of Award
Dear Kurt:
Bids for Lions Park Improvement project were received April 8, 2021. Three bids were opened and read
aloud. The bids were checked for mathematical accuracy and no discrepancies were found.
The lowest responsible bidder is Weave Construction. Their base bid amount is $141,623.69. There
were two additive alternates. The first was for installing concrete rip -rap along one side of the pond.
The other is for paving the trail around the exterior of the pond. Weave Construction for the additive
alternate was the lowest bid. The other contractors were significantly lower than Weave Construction
for the asphalt trail. We recommend the contract for the base bid and the rip -rap alternative be
awarded to Weave Construction, for a total price of $149,708.69. We do not recommend the award of
the asphalt trail.
Included with this letter is the bid tab and notice of award.
If you have any questions or concerns, please contact me at (406) 245-5499.
Sincerely,
KU
Matthew Smith, PE, PMP
Project Manager
Enclosure(s): Notice of Award
Certified Bid Tabulation
Project #: 2004-00541
cc: file
ENGINEERING, REIMAGINED
Notice of Award
Date: 5 \\\\ZN
Project: Lions Park Improvements
Owner: City of Laurel Owner's Contract No.:
Contract: As described in the Bid Documents Engineer's Project No.: 2001-00541
Bidder: Weave Construction
Bidder's Address: P.O. Box 80066
Billings, MT 59108
You are notified that your Bid dated _ April 12, 2021 for the above Contract has been considered. You are
the Successful Bidder and are awarded a Contract for Lions Park Improvements Base Bid and Additive
Alternate.
The Contract Price of your Contract is Two Hundred Seventeen Thousand Seven Hundred Twenty -Four Dollars
and Sixty -Nine Cents ($217,724.69).
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: (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.
Copy to Engineer
City of Laurel
n,.,—
Lions Park Improvements Notice of Award Form 00510
KU Project 2004-000541 Page 1 of 1
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NRDP Contract 700122
Task Order 4 Modification 1
Fund: 08012; Org: 10324; Project: LIONS PARK P 1
MODIFICATION No. 1 to TASK ORDER 4
Laurel Lions Fishing Dock, Path, and Benches
The Department of Justice. Natural Resource Damage Program (NRDP) and the City of Laurel
(Contractor) mutually agree to modify Task Order No. 4 (Task Order) of Contract No. 700122
(Contract). The purpose of this Modification No. 1 (Modification) is to extend the Task Order
termination date to give Contractor more time to complete the project. Because coordinating
multiple funders and negotiating Memoranda of Understanding with the funders are taking
longer than expected, Contractor is still working on Task 1, Final Engineering, and has not yet
started Task 2, Dock and Trail Construction. These tasks need to be extended. Task 3, Progress
Reporting and Project Final Reports also needs to be extended.
SECTION 2. EFFECTIVE DATE AND PERIOD OF PERFORMANCE
Contractor and NRDP mutually agree to amend Section 2, EFFECTIVE DATE AND PERIOD
OF PERFORMANCE, of the Task Order by amending the termination date to December 31,
2021.
SCOPE OF WORK — SCHEDULE AND DELIVERABLES
Contractor and NRDP mutually agree to amend Task Order Attachment A, Scope of Work,
Schedule and Deliverables by deleting the entire original text and replacing with the following:
"Contractor will complete the following tasks and/ or provide deliverables to NRDP according to
the following schedule:
1. One (1) electronic construction completion report by November 30, 2021.
2. One (1) electronic version of each Progress Report, due with each invoice."
Except as amended, all other aspects and requirements of the Task Order remain the same.
IN WITNESS WHEREOF, the parties through their authorized agents have executed this
Modification on the dates set out below:
STATE OF MONTANA DEPARTMENT OF JUSTICE
NATURAL RESOURCE DAMAGE PROGRAM
Digitally signed by Douglas H
Martin
Date: 2021.03.25 12:00:19 -06'00'
Douglas H. Martin Date
Restoration Program Chief
1720 9th Ave, PO Box 201425
Helena, MT 59620-1425
Page 1 of 2
Approved for legal content by:
NRDP Legal Counsel
CITY OF LAUREL
NRDP Contract 700122
Task Order 4 Modification 1
Fund: 08012; Org: 10324; Project: LIONS PARK P 1
Digitally signed by Thad Adkins
Date: 2021.03.25 11:50:30
-06'00'
Date
'Phomas C. Nelson Date
Mayor
P.O. BOX 10
Laurel, MT 59044
Page 2 of 2
Notice of Award
Date: %1 1
Project: Lions Park Improvements
Owner: City of Laurel Owner's Contract No.:
Contract: As described in the Bid Documents Engineer's Project No.: 2001-00541
Bidder: Weave Construction
Bidder's Address: 2348 N. Frontage Road
P.O. Box 22745
Billings, MT 59104
You are notified that your Bid dated April 8, 2021 for the above Contract has been considered. You are ,
the Successful Bidder and are awarded a Contract for Lions Park Schedule 1A, Schedule 2 and Additive
Alternate Bid Item 106 "Rip -Rap".
The Contract Price of your Contract is One Hundred — Forty Nine Thousand, Seven Hundred -Eight Dollars and 69
Cents ($149,708.69).
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 3 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.
Ow
By:
Authorized Signature
M or
Title
Copy to Engineer
Lions Park Improvements Notice of Award Form 00510
KU Project 2004-000541 Page 1 of 1
SECTION 00500
/_Td744LTJ 14ki 1119 fol 0 LTA
`
This Agreement is dated as of the dayof MOLLA in the year 2021, by and between
the City of Laurel, hereinafter called "Owner" and Weave Construction, hereinafter called "Contractor". Owner
and Contractor, in consideration of the mutual covenants hereinafter set forth, agree as follows:
1.01 Contractor shall complete all Work as specified or indicated in the Contract Documents. The Work is
generally described as follows:
Approximately 3500 lineal feet of improved trails consisting of 2 " asphalt and 2 " crushed leveling
course, approximately 60 lineal feet of concrete sidewalk and construction of a fishing access
structure. This project includes, but not limited to pedestrian traffic control, permitting, sidewalks,
asphalt paving, landscaping and other associated work.
1.02 The Project for which the Work under the Contract Documents may be the whole or only a part is generally
described as follows:
Lions Park Improvements
ARTICLE 2 — ENGINEER
2.01 The Project has-been designed by Kadrmas, Lee and Jackson, Inc. (KU), 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 3 — 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. The Work will be substantially completed within 30 working days afterthe date when the ContractTimes
commence to run as provided in the Special Provisions and completed and ready for final payment in
accordance with Paragraph 14.07'ofthe General Conditions within 45 working days after the date when
the Contract Times commence to run. A shutdown time of 60 calendar days shall be implemented to
allow for complete cure of the sealant and mastic materials prior to application of the chip seal.
4.03 Liquidated Damages
A. Contractor and Owner recognize that time is of the essence 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 Conditions. The parties also recognize the
delays, expense, and difficulties involved in proving in a legal or arbitration proceeding the actual loss
Lions Park Improvements Agreement Form Section 00500
KU Project 2005-00541 Page 1 of 8
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 $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. After Substantial Completion,
if Contractor shall neglect, refuse, or fail to complete the remaining Work within the Contract Time or
any proper extension thereof granted by Owner, Contractor shall pay Owner $500 for each day that
expires after the time specified in Paragraph 4.02 above for Final Completion until the Work is
completed and ready for final payment.
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 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 bythe 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 sum
of the unit price items less the percentage indicated below 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.
a. Owner shall retain five percent (5%) of the amount of each payment until final completion and
acceptance of all Work covered by the 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 Owner's discretion, the amount of retainage may be further
reduced if requested by Contractor.
Lions Park Improvements Agreement Form Section 00500
KLI Project 2005-00541 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
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 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.
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.
Lions Park Improvements Agreement Form Section 00500
KLI Project 2005-00541 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 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 (Pages 1 to 3, inclusive);
3. Payment bond (Pages 1 to 3, inclusive);
4. Standard General Conditions (MPWSS);
5. Supplementary Conditions (MPWSS);
6. Special Provisions (Pages 1 to 4, inclusive);
7. Specifications as listed in the table of contents of the Project Manual;
8. Drawings consisting of a cover sheet and sheets numbered G2 through S2 with each sheet bearing
the following general title: Lions Park Improvements;
9. Addenda (Numbers 1 to 2, inclusive);
10. Wage Rates;
11. Exhibits to this Agreement (enumerated as follows):
a. Contractor's Bid (Pages 1 to 8, inclusive);
b. Documentation submitted by Contractor prior to Notice of Award (N/A);
c. NoticeofAward.
12. 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;
Lions Park Improvements Agreement Form Section 00500
KU Project 2005-00541 Page 4 of 8
g. Notice of Final Completion and Acceptance.
13. Supplementary Specifications
14. Certificates of Insurance
15. 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 will have the meanings stated in the General Conditions and the
Supplementary Conditions.
10.02 Assignmentof Contract
C
A. No assignment by a party hereto of any rights under or interests in the Contract will be binding on
another parry hereto without the written consent of the,party sought to be bound;, and, specifically but
'Without limitation; moneys that may become due and moneys th are""dde maynot b'e assigned without
such consent (except to the%extent that the effect of this rest[iction may",be, limited''by law), and unless
specifically stated to the contrary in any written consent to an a`ssignment,'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
_ 1lig 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 .Severdtiility-
A. 'Any'provision or part of the Contract Documents held to be void or unenforceable under any 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.
Lions Park Improvements Agreement Form Section 00500
KU Project 2005-00541 Page 5 of 8
IN WITNESS WHEREOF, Owner and Contractor have signed five (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 MG. --k 11 (which is the Effective Date of the Agreement).
OWNER: CITY OF LAUREL
Signature / l
By: ✓V�/SQA
Title:
Attest: r--�►\
Signature
By: �Ma La-aww
Title: 0 11M L
Address for giving notices:
?() R= lu I_cxaLrfA wtT X044
Phone No.: OLA do) (plop --74-61
Fax No.: (.40(0) U?17— 212$9
(If OWNER is a public body, attach evidence
of authority to sign and resolution or other
documents authorizing execution of Owner -
Contractor Agreement)
CONTRACTOR: WEAVE MNSTRUCTION
Signatu e ;;��t
By: �US4-t� PAea5&tn
Title:
Attest:
Signature
By: bLLC- LR- YGrL
Title: SF-vrcz PA �,rr�3cZ
Address forgiving notices
MMS- A), Fve,,,,e PvJ,131.,�Lygrol
Phone No.: (qtQ 1 �.—n-Y3
Fax No.: (No6) $Lf5-3a3A
License No.: ygp�D �j
(SEAL)
Contractor Registration No.: J T@L5
Agent for service of process:
(If CONTRACTOR isa corporation ora partnership,
attach evidence ofauthorityto sign.)
Lions Park Improvements Agreement Form Section 00500
KU Project 2005-00541 Page 6 of 8
Owner's Designated Representative:
Name:
Address:
VAIJW
Contractor's Designated Representative:
Name: EV C- DMAIn �(
Title: P.�0 1L)y L..St if
Address:3�f�J
Phone No.: N U40) ;45 -L`W
FAX No.: (qW IXC{5 32 2
END OF SECTION
Lions Park Improvements Agreement Form Section 00500
KLJ Project 2005-00541 Page 7 of 8
PAGE INTENTIONALLY BLANK
Lions Park Improvements Agreement Form Section 00500
KU Project 2005-00541 Page 8 of 8
Notice to Proceed
Date: 8/11/2021
Project: Lions Park Improvements
Owner: City of Laurel Owner's Contract No.:
Contract: Base Bid Engineer's Project No.: 2001-00541
Contractor: Weave Construction
Contractor's Address: P.O. Box 22745
Billings, MT 59104
You are notified that the Contract Times under the above Contract will commence to run on August
12, 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 days and the number of days to achieve readiness for final payment is 45 Days.
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. Obtain coverage under the General Permit for Discharges associated with Construction Activities
and submit proof of coverage to Engineer.
of Laurel
Owner
Give
Authorized Signature
Ti�
Date
Copy to Engineer
[PROJECr NAME] Notice to Proceed Form C-550
KU Project ######### Page 1 of 1