HomeMy Public PortalAboutPKT-CC-2017-09-05City of Moab
217 East Center Street
Moab, Utah 84532-2534
Main Number (435) 259-5121
Fax Number (435) 259-4135
Memorandum
To: Councilmembers and Media
From: Mayor David L. Sakrison
Date: 9/1/2017
Re: Special City Council Meeting
Mayor:
Council:
David L. Sakrison
Kyle Bailey
Rani Derasary
Heila Ershadi
Kalen Jones
Tawny Knuteson-Boyd
The City of Moab will hold a Special Moab City Council Meeting on Tuesday 5, 2017 at 12:00 PM.
The purpose of this meeting will be:
t-t Award and Approval of 2017 Chip Seal Project
1-2 Request for Approval of a Purchasing Exception for a State Approved Contract Purchase
to Straight Stripe Paving in the Amount of $49,000 for Pavement Marking Services
The meeting will begin in the Council Chambers at
Utah.
nter, 217 East Cgfiter Street, Moab,
Mayor David L. Sakrison
In compliance with the Americans with Disabilities Act, individuals needing special accommodations during this meeting should
notify the Recorder's Office at 217 East Center Street, Moab, Utah 84532; or phone (435) 259-5121 at least three (3) working
days prior to the meeting.
First EPA Green Power Community in the Nation
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Moab Special City Council Agenda Item
Meeting Date: September 5, 2017
#: 1-1
Title: 2017 Roadway Chip Seal Coat Project
Date Submitted: August 31, 2017
Staff Presenter: Chuck Williams, City Engineer
Attachment(s): Map of Project Streets, Bid Tabulation
Options: Approve, deny, or modify.
Recommended Motion: I move to approve the "2017 Roadway Chip Seal
Coat Project" to Le Grand Johnson Construction in the amount of $356,134.
Background/Summary:
The City went out to bid for a contractor to chip seal approximately 5.25 miles
of roadways. The map of the roads is attached.
A pre -bid meeting was held on August 24th and 4 contractors attended. No
major issues were identified by the contractors regarding the bid documents
or project.
Bids were due to the City Recorder on Thursday, August 31st. Due to the short
schedule remaining for weather warm enough to allow chip sealing, staff
would like to get the contract awarded as soon as possible. Therefore staff has
asked for the special Council meeting on September 5th for possible award of
the chip seal contract.
City engineering staff have evaluated the bids received on August 31, 2017.
The apparent low bid was submitted by LeGrand Johnson Construction in the
amount of $356,134, which we consider to be fair and reasonable. Our
engineering cost estimate was $359,730. Our evaluation of the experience and
reputation of LeGrand Johnson Construction indicates that they are capable of
completing the work required. They have also committed to starting the
project consistent with our advertised schedule.
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Therefore, we recommend the award of a contract for construction of the
2017 Roadway Chip Seal Coat Project to LeGrand Johnson Construction in the
amount of $356,134.
Three qualifying bids were received as shown in the attached project bid
tabulation.
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1-1
BID TABULATION
2017 ROADWAY CHIP SEAL COAT PROJECT
9/1/2017
NIELSON CONSTRUCTION
& MATERIALS
LEGRAND JOHNSON
CONSTRUCTION CO.
CKC FIELD SERVICES
ITEM
DESCRIPTION
ESTIMATED
QUANTITY
UNIT
UNIT
COST
TOTAL AMOUNT
UNIT
COST
TOTAL AMOUNT
UNIT
COST
TOTAL AMOUNT
1
MOBILIZATION/DEMOBILIZATION
1
LS
$136,944.00
$37,000.00
$42,077.00
2
FURNISHING AND PLACING
EMULSIFIED ASPHALT
156,700
SY
$0.71
$111,257.00
$0.97
$151,999.00
$1.19
$186,473.00
3
FURNISHING AND PLACING
AGGREGATE COVER MATERIAL
156,700
SY
$1.17
$183,339.00
$0.80
$125,360.00
$0.72
$112,824.00
4
FURNISHING AND PLACING
BITUMINOUS FLUSH COAT
156,700
SY
$0.36
$56,412.00
$0.25
$39,175.00
$0.54
$84,618.00
5
FURNISH AND PLACE TEMPORARY
ROADWAY MARKINGS
1
LS
$2,247.00
$2,600.00
$5,500.00
TOTAL BID
$490,199.00
$356,134.00
$431,492.00
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1-1
L
a
a
/2
sT
MCGILL BLVD
O\ v
400 N
WILLIAMS WA
KKANE CREEK BLVD
N
A
1 inch = 1,000 feet
0 500 1,000 2,000 3,000
'l9
4,000
Feet
CITY OF MOAB
ENGINEERING DEPARTMENT
217 E CENTER ST
MOAB, UTAH 84532
(435) 259-5121
moabcity.orka"5of19
PROJECT SEGMENT
SURFACE AREA
(SY)
CENTERLINE
LENGTH (MI)
500 WEST
33,900
1.38
MCGILL AND MIVIDA
16,300
0.68
400 NORTH
23,200
0.55
WILLIAMS WAY
11,400
0.46
100 WEST AND 100 SOUTH
21,200
0.59
300 SOUTH
14,800
0.41
400 EAST
35,900
1.18
TOTAL
156,700
5.25
NOTE: SURFACE AREA INCLUDES CROSS STREETS
TO 20 FEET PAST TANGENT POINT OF CURB,
EXCEPT WHERE VALLEY PANS ARE PRESENT.
0
0
�LJJ�
0
0
2017 ROADWAY
CHIP SEAL PROJECT
PROJECT AREA
DELINEATION MAP
DATE:
8/2/2017
BY:
MJ
1-1
Moab Special City Council Agenda Item
Meeting Date: September 5, 2017
#: 1-2
Title: 2017 Pavement Marking Project
Date Submitted: August 31, 2017
Staff Presenter: Chuck Williams, City Engineer
Attachment(s): Map of Project Streets
Options: Approve, deny, or modify.
Recommended Motion: I move to approve the "2017 Pavement Marking
Project" to Straight Stripe Paving Inc. in an amount not to exceed $49,000.
Background/Summary:
The City is currently out to bid for a contractor to chip seal approximately
5.25 miles of roadways. The map of the roads is attached to this memo.
The roads need to be striped after the chip seal is completed. Staff is
recommending award of the striping for these roads and potentially a few
others if weather permits.
Straight Stripe Painting Inc. has an "as -needed" contract with the Utah
Department of Transportation to provide pavement marking services. Staff
has reviewed the prices attached to this memo and believe them to be
reasonable for the services offered.
Due to the short schedule remaining for weather warm enough to allow
pavement marking after the chip seal is completed staff would like to get this
contract awarded as soon as possible. Therefore staff has asked that at the
special Council meeting on September 5th a contract with Straight Stripe
Painting Inc. be awarded not to exceed $49,000.
The Engineering Department cost estimate for the pavement marking of the
chip seal roads is $44,OOO.If there is time to stripe a few of the other City
roads, we would like to have the contractor do so, not to exceed the total
amount of $49,000.
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CONSTRUCTION CONTRACT
(Contractor Payment Bond and Performance Bond)
This CONTRACT is made and entered into this 25 day of
August , 20174, by and between CITY OF MOAB of Moab, Utah, a Municipal
Corporation in the County of Grand, State of Utah, in the Contract Documents referred to
as the "City," and herein referred to as the "Contractor".
RECITALS
WHEREAS, the City advertised that sealed Bids would be received for furnishing
all labor, tools, supplies, equipment, materials and everything necessary and required for
the Project described by the Contract Documents and known as Moab City Striping
2017 ; and
WHEREAS, the Contract has been awarded to the above named Contractor by
the City, and said Contractor is now ready and able to perform the work specified in the
Notice of Award, in accordance with the Contract Documents.
NOW, THEREFORE, in consideration of the mutual promises and performances
stated herein, the sufficiency of which all parties acknowledge, it is agreed as follows:
ARTICLE 1
Contract Documents. It is agreed by the parties that the following list of
instruments, drawings, and documents which are attached and incorporated by reference
constitute and shall be referred to either as the Contract Documents or the Contract, and
all of said instruments, drawings, and documents taken together as a whole constitute the
Contract between the parties:
a. Bid specifications for the Project;
b. Official design prints and specifications furnished by or to the Contractor and
approved by the City;
c. Change orders, approved written instructions, and written contract
amendments;
d. Performance and Payment bonds;
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e. General and Supplementary Conditions; and
f. Notice of Award.
ARTICLE 2
Definitions. In accordance with Article 1, the definition of items provided in the
General Contract Conditions applies to their usage in the Contract and other portions of
the Contract Documents.
ARTICLE 3
Contract Work. The Contractor agrees to furnish all labor, supervision, tools,
supplies, equipment, materials, and all that is necessary and required to complete the
tasks associated with or described in the Contract Documents, as limited to those items
as indicated in the Notice of Award (the "Work"). Contractor warrants that all construction
shall be completed in a workmanlike manner and in accordance with all plans,
specifications, and applicable building codes.
a. Upon request, Contractor shall provide to the City a list of all subcontractors
who will provide construction services under the Contract. All goods and services
provided by subcontractors, material suppliers, and laborers shall be pursuant to written
agreement between all such persons and the Contractor. Contractor shall be solely
responsible for supervision of all of its employees and subcontractors, and assuring that
work by those persons conforms to the Contract Documents. Contractor shall be solely
responsible for payment to all laborers, subcontractors, and material suppliers in
connection with work performed under the Contract. Any non-payment by Contractor of
sums owing to laborers, material suppliers, or subcontractors is material breach of this
Contract. The City, in its discretion, shall be authorized to contact subcontractors,
material suppliers, and laborers working on the project for the purpose of verifying
compliance with this Section.
ARTICLE 4
Contract Time and Liquidated Damages. The Contractor hereby agrees to
commence work under the Contract on or before the date specified in a written Notice to
Proceed from the City, and to substantially and fully complete the work within the time
specified in the Special Conditions. In the event that the work is not completed in the
times set forth and as agreed upon, the Contractor further agrees to pay Liquidated
Damages to the City as set forth in the Special Conditions.
Special Conditions: The Contractor shall complete the Work no later than
30 calendar days after the 2017 chip seal project construction
activities are completed. Liquidated damages for delay in the amount of
$ 200 per day shall be assessed against the Contractor in the event
that the Work is not finally complete and accepted by the City by the
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agreed completion date. Remedies under this Article 4 are
cumulative to any other remedies provided in this Contract.
ARTICLE 5
Contract Price and Payment Procedures. The Contractor shall accept as full and
complete compensation for the performance and completion of all of the work specified in
this Contract and the Contract Documents, the sum of See Attached
Pricing ($ ) ("Contract Price"). The Contract Price
has been lawfully appropriated by the City Council of the City of Moab for the use and
benefit of the Project. The Contract Price shall not be modified except by written change
order, as set forth below.
a. Partial payments shall be made proportionate to the progress of the work
according to the following schedule and (if applicable) the schedule of values in the
Contract Documents, but subject to this Article Five: [insert payment schedule]
Pay Applications shall be prepared by the Contractor and subject to review and approval
by the Project Manager based upon the schedule, above. In no event shall the
Contractor be entitled to progress payments exceeding percentage of the Work that is
completed in accordance with the Contract Documents, less retainage, inclusive of
materials ordered and delivered to the site as measured against the total Contract Price.
b. The City shall retain the sum of five percent (5%) of the total Contract Price,
which sum shall be disbursed to Contractor no later than ten (10) days from the date
when the Work is determined by the City to be finally complete and in conformity with the
Contract Documents.
c. In the event of default under this Contract, the City may retain and deduct from
the sums owing under this Contract amounts sufficient to cure or abate the breaching
condition, damages, or event.
ARTICLE 6
Bonds and Insurance. a. Contemporaneous with issuance of the Notice to
Proceed Contractor shall furnish to the City payment and performance bonds
acknowledged by a surety licensed and authorized to do business in the State of Utah, in
a form acceptable to the City, and in an amount equal to the total Contract Price. The
bonds shall be attached to and incorporate by reference the Contract Documents. The
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bonds shall be issued pursuant to U.C.A. § 63-56-38 for the use and benefit of
subcontractors, laborers, and material suppliers, and for the use and benefit of the City to
secure Contractor's performance of its construction obligations under this Contract.
Alternately, Contractor may provide an irrevocable letter of credit in a form acceptable to
the City and naming the City as beneficiary for the purpose of satisfying its payment and
performance bond obligations. (if payment & performance bonds are required, Moab
City will pay a line item for the reimbursement of the bonds.
b. Bonds in amounts of $1,000.00 or less will be made in multiples of $100.00;
in amounts exceeding $5,000.00, in multiples of $1,000.00; provided that the amount of
the bond shall be fixed at the lowest sum that fulfills all conditions of the Contract.
c. The letter of credit, payment bond, and performance bond shall be released
no later than one year from the date of award of this Contract, provided that no person
has provided a demand for payment as provided by law or commenced an action seeking
payment against the City or under any such instrument within that time. In the event any
person described in subsection (a), above, issues a demand or commences suit against
the City, the City shall be entitled to draw upon the bond or letter of credit to the extent of
all sums claimed, including reasonable attorney fees and court costs that may be incurred
by the City. At its option, the City may elect to interplead said funds into a court of
competent jurisdiction, at which point the City will be discharged of any further liability. In
the event the City declares default under this Contract, it shall be entitled to proceed
against the Performance Bond.
d. Contractor shall obtain written lien and payment waivers as specified in
Exhibit A, attached, from all laborers, subcontractors and material suppliers
contemporaneous with each payment advanced to those persons under this Contract.
Upon final completion of the Contract, or upon tender of the final payment to each such
subcontractor or material supplier, Contractor shall obtain a final lien and payment waiver.
The waivers shall be on forms acceptable to the City, and Contractor shall deliver all
such waivers contemporaneous with each disbursement pursuant to the Contract.
e. Contractor shall provide a Certificate of Insurance as outlined in the
following insurance requirements. The limits of liability for the insurance required by the
Contractor shall provide coverage for not less the following amounts or greater where
required by law:
Workers' Compensation
1. State: Statutory
2. Applicable Federal: Statutory
3. Employer's Liability: State Insurance Requirements
Comprehensive General Liability:
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1. Bodily Injury:
$1,000,000 (combined single limit CSL) Each Occurrence
$1,000,000 Annual Aggregate, including
Products and Completed Operations
Hazard
2. Property Damage:
$1,000,000 CSL
$1,000,000
Each Occurrence
Annual Aggregate
3. Property Damage Liability Insurance shall provide Explosion, Collapse, and
Underground coverage where applicable.
4. Personal Injury, with employment exclusion deleted.
$1,000,000 CSL
Comprehensive Automobile Liability:
1. Bodily Injury:
$1,000,000 CSL
$1,000,000 CSL
2. Property Damage:
$1,000,000 CSL
Each Person
Each Accident
Each Occurrence
Contractor shall maintain insurance covering casualty to materials purchased for
the Work and stored on or off site.
f. The Comprehensive liability insurance shall include completed operations
hazard insurance. All of the policies of insurance so required to be purchased and
maintained (or the certificates or other evidence thereof) shall contain a provision or
endorsement that the coverage afforded or canceled, materially changed, or renewal
refused until at least thirty days prior written notice has been given to the City by
certified mail. All such insurance shall remain in effect until final acceptance of the
Work by the City, and at all times thereafter when Contractor may be correcting,
removing, or replacing defective work. The City shall be endorsed as an additional
insured under the general liability policy.
g. Contractor shall record a Notice of Commencement and Notice of
Completion and, as provided under U.C.A. § 38-1-31 and § 38-1-33.
ARTICLE 7
Integrated Contract; Change Orders. The Contract Documents constitute the
entire agreement between the City and Contractor, and shall supercede any prior
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representations or discussions. The Contract may only be altered, amended or repealed
by a duly executed written agreement signed and lawfully approved by both parties,
except as noted by subsection (b), below. This Contract shall not be assigned, in whole
or in part, except upon approval in writing by both parties.
a. Contractor shall not be entitled to compensation in excess of the Contract
Price, nor shall additional work be undertaken, except upon approval of a change order
signed by both parties. The change order shall specify the upward or downward change
in the Contract Price, the scope of the work to be performed or omitted, and the change in
the Contract Time, if applicable.
b. in the event that budgetary, or other unforeseen circumstances, render
completion of the Contract Work impracticable, the City, in its discretion, may unilaterally
issue a construction change directive reducing the scope of the Work or omitting certain
items from the Contract. In that event, the Contract Price will be proportionately reduced.
Construction change directives may only be issued with respect to work that has not been
performed as of the date of the change.
ARTICLE 8
Warranties. The Contractor warrants to the City that all the construction performed
under this Contract shall be constructed in a workmanlike manner, in accordance with
approved plans and applicable building codes, and free from defects of workmanship,
labor, and materials, for a period of one year from the date of final completion of the
improvements, as certified by the Project Manager. Upon written notice from the City,
Contractor agrees to repair or replace any Contract Work that is found to be defective.
ARTICLE 9
Extensions. For good cause shown, the City may grant a reasonable extension of
time for the completion of improvements pursuant to this Contract. Good cause may
include acts of God, severe weather disturbances (beyond those conditions which are
typical to the Moab climate), floods, strikes, riots, or other acts or causes which are
unforeseen and beyond the Contractor's control. Extensions of time or change orders for
additional compensation shall not be authorized for inexcusable delay, which shall be
defined to include, but not be limited to, inadequate crewing; inadequate supervision; late
ordering of materials; failure to properly coordinate work; or similar events which could
have been avoided with proper foresight, care, or planning by Contractor. All extensions
shall be approved in the manner provided for change orders
ARTICLE 10
Legal Compliance, Safety, Indemnity. Contractor hereby warrants that it is
licensed and authorized to do business in the State of Utah; that it maintains complying
policies for workers compensation coverage and that said coverage shall be in place for
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the duration of its performance under this Contract; that it maintains insurance coverage
as described in this Contract; and that all such policies shall be in place for the duration of
this Contract. Contractor further warrants that it shall perform this Contract in compliance
with all applicable City, state, and federal laws, including all applicable regulations
governing workplace safety, including but not limited to those promulgated by the
Occupational Safety and Health Administration (OSHA). With respect to workplace
safety, Contractor shall at all times employ properly trained individuals and
subcontractors, who shall work under appropriate supervision. Contractor shall also hold
regular safety meetings as necessary and appropriate, given the particular safety issues
presented by the Work.
a. Contractor hereby agrees to indemnify and hold the City, its officers,
employees, and agents harmless from all demands, claims, suits, or liabilities, including
reasonable attorney fees, as result of damages, losses, or injuries, including death, to
persons not a party to this agreement and deriving, directly or indirectly, from the actions,
omissions, or breaches of duties by the Contractor, its officers, agents, employees,
subcontractors, or suppliers in the performance of the Contract or in discharging its legal
duties, generally. This duty to indemnify shall apply to all claims by Contractor's
employees, subcontractors, or material suppliers with respect to any liabilities incurred by
Contractor in the performance of this Contract.
ARTICLE 11
Remedies. The failure by either party to perform or carry out any of the
obligations in this Contract or to perform the construction in accordance with the Contract
Documents shall be grounds to declare default. In the event of default, the non -breaching
party shall be entitled to recover all actual damages resulting from breach, in addition to
the other remedies specified in this Contract. Actual damages shall include reasonable
and necessary costs of completion of the Work or repair or replacement of Work which
does not conform to the Contract Documents. In no event shall either party be liable to
the other for consequential damages. In addition to any other remedies, in any legal
action arising from this Contract the substantially prevailing party shall be entitled to
recover its reasonable attorney fees and court costs.
ARTICLE 12
Venue, Choice of Law, Interpretation. The place of performance under this
Contract is Grand County, Utah. In the event of any legal dispute concerning the subjects
of this agreement the parties stipulate to jurisdiction and venue in the District Court,
Grand County, Utah. This contract shall be construed in accordance with the laws of the
state of Utah.
a. There are no known or intended third party beneficiaries to this Contract.
b. This Contract is the product of mutual bargaining. It shall be construed in
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