Bid Award for Mt. Baldhead Restroom Replacement (Roll Call)

City Council Agenda Item Report FROM:

Ryan Cummins, City Manager

MEETING DATE:

April 28, 2025

SUBJECT:

Bid Award for Mt. Baldhead Restroom Replacement

DESCRIPTION: The restrooms at Mt. Baldhead are in significant need of replacement. City Council listed restroom repairs as a desirable priority for the fiscal year. This work is also on the City’s capital improvement plan. In May, the City Council reviewed and discussed recommended renderings from the Parks and Public Works Committee and approved an engineering services proposal to replace the restrooms. The construction plans were reviewed with City Council in January. The Mayor and I recently met with three area tribes to review the project, hear of any concerns, and get their recommendations. We will continue to work with them throughout the project. Bids have been received for the project and are attached. The City Engineer will be at your meeting to continue reviewing the bids and planned timeline for construction. BUDGET ACTION REQUIRED: None at this time. The project was included in this fiscal year’s budget. There are sufficient dollars to cover the cost and any needed contingency. Any work that may carryover into the next fiscal year will be included in the draft budget for next fiscal year. LEGAL REVIEW: The City Attorney will be at your meeting to answer any questions you may have. SAMPLE MOTION:

Motion to award the Mt. Baldhead restroom replacement bid to ____________________________ in the amount of _________________________, with an additional 10% approved for contingency.

February 17, 2025

Via Email: rcummins@saugatuckcity.com Ryan Cummins, City Manager City of Saugatuck 102 Butler Street PO Box 86 Saugatuck, MI 49453 RE:

City of Saugatuck – Mt. Baldhead Restroom Replacement

Dear Ryan, We have reviewed the bids received on February 13, 2025 for the above referenced project. Seven bids were received and the bid summary is attached. The bids received were generally within the range anticipated based on recent similar projects. The three low bids were all approximately $300,000. We have reviewed supplemental materials provided with the bid documents. Based on the information provided and our direct experience we feel all three are capable of successfully completing the project. •

The low bidder is McGraw Construction Inc. of Grand Rapids, Michigan with a bid amount of $295,475.00. We have worked with McGraw Construction Inc. on previous similar projects and feel they can do the work. McGraw submitted a qualified bid with several key exceptions for items that are possibly and in some cases likely to be necessary and increase the construction cost above the bid amount.

The second low bidder is Midwest Construction Group of Zeeland, Michigan with a bid amount of $298,000.00. We have not worked with Midwest recently, but they did submit a list of similar recent projects to demonstrate their capability. Midwest did not qualify their bid.

The third low bidder is Mugen Construction of Dorr, Michigan with a bid amount of $302,520.00. We have worked with Mugen on previous similar projects and feel they can do the work. Mugen did not qualify their bid.

We are prepared to issue a Notice of Award once the City takes that action. Please feel free to call with any questions.

860451 Rec of Award REV

2960 Lucerne Drive SE Grand Rapids, MI 49546 P: 616.977.1000 F: 616.977.1005 www.fveng.com

Ryan Cummins | City of Saugatuck | February 17, 2025 Page 2 of 2

Sincerely, FLEIS & VANDENBRINK

Jon Moxey, P.E. Project Manager Enclosures Cc:

Scott Herbert, DPW Superintendent (scott@saugatuckcity.com)

860451 Rec of Award REV

FLEls&VANDENBRINK

DESIGN. BUILD. OPERATE.

City of Saugatuck Mt. Baldhead Restroom Replacement Project No. 860451

BID TABS BID OPENING: Thursday, February 13, 2025 at 2:00 p.m.

Contractor

Electric Service Allowance

Bid Amount

Total Lump Sum Bid

McGra w Construction

290,475.00

5,000.00

295,475.00*

Midwest Construction Group

293,000.00

5,000.00

298,000.00

Mugen Inc.

297,520.00

5,000.00

302,520.00

First Peninsula Contractors

340,111.00

5,000.00

345,111.00

JKB Construction, Inc.

355,500.00

5,000.00

360,500.00

KMF Construction

363,886.00

5,000.00

368,886.00

TRG Services

382,929.11

5,000.00

387,929.11

* Bid included a number of qualifications that will impact the final construction cost.

860451 Bid Summary

2960 Lucerne Orive SE Grand Rapids, Ml 49546 P: 616.977.1000 F: 616.977.1005 ww;.tJ,eng.com

City of Saugatuck Mt. Baldhead Restroom Replacement Project No. 860451 Bid Comparison Bidder

Bid Amount Asbestos Survey Asbestos Abatement/Remediation Exploratory Digging Water Service Replacement (if reqd) Sanitary Lateral Replacement (if reqd)

McGraw

Midwest

Mugen

295,475.00 $ Included Not Included (minimal anticipated, if any) 6 hrs included, $1,450/hr additional $1,000 tap plus $35/ft, approx. $4,000 $30/ft beyond point shown, approx. $1,000

$ 298,000.00 Included Not Included (minimal anticipated, if any) Included Included Included

$ 302,520.00 Not Included, $1000 additional Not Included (minimal anticipated, if any) Included Included Cost includes just a simple reconnection

SECTION 00 52 00 AGREEMENT This Agreement is by and between the City of Saugatuck (“Owner”) and _____________________ (“Contractor”). Terms used in this Agreement have the meanings stated in the General Conditions and the Supplementary Conditions. Owner and Contractor hereby 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: Mt. Baldhead Restroom Replacement.

ARTICLE 2 - THE PROJECT 2.01

Project, of which the Work under the Contract Documents is a part, is generally described as follows: Mt. Baldhead Restroom Replacement.

ARTICLE 3 - ENGINEER 3.01

The Owner has retained Fleis & VandenBrink Engineering, Inc. (“Engineer”) to act as Owner’s representative, assume all duties and responsibilities of Engineer, and have the rights and authority assigned to Engineer in the Contract.

3.02

The part of the Project that pertains to the Work has been designed by Engineer.

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

Contract Times: Dates A. The Work will be substantially complete on or before August 15, 2025, and completed and ready for final payment in accordance with Paragraph 15.06 of the General Conditions on or before August 29, 2025.

4.03

Liquidated Damages A. Contractor and Owner recognize that time is of the essence as stated in Paragraph 4.01 above and that Owner will suffer financial and other losses if the Work is not completed and Milestones not achieved within the Contract Times, as duly modified. 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):

1. Substantial Completion: Contractor shall pay Owner $500 for each day that expires after the time (as duly adjusted pursuant to the Contract) specified above for Substantial Completion, until the Work is substantially complete. 2. Completion of Remaining Work: After Substantial Completion, if Contractor shall neglect, refuse, or fail to complete the remaining Work within the Contract Times (as duly adjusted pursuant to the Contract) for completion and readiness for final payment, Contractor shall pay Owner $100 for each day that expires after such time until the Work is completed and ready for final payment. B. If Owner recovers liquidated damages for a delay in completion by Contractor, then such liquidated damages are Owner’s sole and exclusive remedy for such delay, and Owner is precluded from recovering any other damages, whether actual, direct, excess, or consequential, for such delay, except for special damages (if any) specified in this Agreement. ARTICLE 5 - CONTRACT PRICE 5.01

Owner shall pay Contractor for completion of the Work in accordance with the Contract Documents, the amounts that follow, subject to adjustment under the Contract. A. For all Work, at the prices stated in Contractor’s Bid, attached hereto as an exhibit totaling $_____________.

ARTICLE 6 - PAYMENT PROCEDURES 6.01

Submittal and Processing of Payments A. Contractor shall submit Applications for Payment in accordance with Article 15 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 on the basis of Contractor’s Applications for Payment each month during performance of the Work as provided in Paragraph 6.02.A.1 below, provided that such Applications for Payment have been submitted in a timely manner and otherwise meet the requirements of the Contract. All such payments will be measured by the Schedule of Values established as provided in the General Conditions (and in the case of Unit Price Work based on the number of units completed) or, in the event there is no Schedule of Values, as provided elsewhere in the Contract. 1. Prior to Substantial Completion, progress payments will be made in an amount equal to the percentage indicated below but, in each case, less the aggregate of payments previously made and less such amounts as Owner may withhold, including but not limited to liquidated damages, in accordance with the Contract. a. 90 percent of the value of the Work completed (with the balance being retainage). 1) If 50 percent or more of the Work has been completed, as determined by Engineer, and if the character and progress of the Work have been satisfactory to Owner and Engineer, then as long as the character and progress of the Work remain satisfactory to Owner and Engineer, there will be no additional retainage; and 2) Zero percent of cost of materials and equipment not incorporated in the Work (with the balance being retainage).

B. Upon Substantial Completion, Owner shall pay an amount sufficient to increase total payments to Contractor to 100 percent of the Work completed, less such amounts set off by Owner pursuant to Paragraph 15.01.E of the General Conditions, and less 200 percent of Engineer’s estimate of the value of Work to be completed or corrected as shown on the punch list of items to be completed or corrected prior to final payment. 6.03

Interest A. All amounts not paid when due will bear interest at the percent per annum rate 2.0% higher than the Prime Rate on the date of bid opening.

ARTICLE 7 - CONTRACT DOCUMENTS 7.01

Contents A. The Contract Documents consist of all of the following: 1. This Agreement. 2. Bonds a. Performance bond (together with power of attorney). b. Payment bond (together with power of attorney). 3. General Conditions. 4. Supplementary Conditions. 5. Specifications as listed in the table of contents of the project manual. 6. Drawings (not attached but incorporated by reference) consisting of 12 sheets with each sheet bearing the following general title: Mt. Baldhead Restroom Replacement. 7. Addenda (numbers ________ to _______, inclusive). 8. Exhibits to this Agreement (enumerated as follows): a. Contractor’s Bid. b. Documentation submitted by Contractor prior to Notice of Award. 9. The following which may be delivered or issued on or after the Effective Date of the Contract and are not attached hereto: a. Notice to Proceed. b. Work Change Directives. c. Change Orders. B. The Contract Documents listed in Paragraph 7.01.A are attached to this Agreement (except as expressly noted otherwise above). C. There are no Contract Documents other than those listed above in this Article 7. D. The Contract Documents may only be amended, modified, or supplemented as provided in the Contract.

ARTICLE 8 - REPRESENTATIONS, CERTIFICATIONS, AND STIPULATIONS 8.01

Contractor’s Representations A. In order to induce Owner to enter into this Contract, Contractor makes the following representations: 1. Contractor has examined and carefully studied the Contract Documents, including Addenda. 2. Contractor has visited the Site, conducted a thorough visual examination of the Site and adjacent areas, and become familiar with the general, local, and Site conditions that may affect cost, progress, and performance of the Work.

3. Contractor is familiar with all Laws and Regulations that may affect cost, progress, and performance of the Work. 4. Contractor has carefully studied the reports of explorations and tests of subsurface conditions at or adjacent to the Site and the drawings of physical conditions relating to existing surface or subsurface structures at the Site that have been identified in the Supplementary Conditions, if any, with respect to the Technical Data in such reports and drawings. 5. Contractor has carefully studied the reports and drawings relating to Hazardous Environmental Conditions, if any, at or adjacent to the Site that have been identified in the Supplementary Conditions, with respect to Technical Data in such reports and drawings. 6. Contractor has considered the information known to Contractor itself; information commonly known to contractors doing business in the locality of the Site; information and observations obtained from visits to the Site; the Contract Documents; and the Technical Data identified in the Supplementary Conditions or by definition, with respect to the effect of such information, observations, and Technical Data on (a) the cost, progress, and performance of the Work; (b) the means, methods, techniques, sequences, and procedures of construction to be employed by Contractor; and (c) Contractor’s safety precautions and programs. 7. Based on the information and observations referred to in the preceding paragraph, Contractor agrees that no further examinations, investigations, explorations, tests, studies, or data are necessary for the performance of the Work at the Contract Price, within the Contract Times, and in accordance with the other terms and conditions of the Contract. 8. 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. 9. Contractor has given Engineer written notice of all conflicts, errors, ambiguities, or discrepancies that Contractor has discovered in the Contract Documents, and of discrepancies between Site conditions and the Contract Documents, and the written resolution thereof by Engineer is acceptable to Contractor. 10. The Contract Documents are generally sufficient to indicate and convey understanding of all terms and conditions for performance and furnishing of the Work. 11. Contractor’s entry into this Contract constitutes an incontrovertible representation by Contractor that without exception all prices in the Agreement are premised upon performing and furnishing the Work required by the Contract Documents. 8.02

Contractor’s Certifications A. Contractor certifies that it has not engaged in corrupt, fraudulent, collusive, or coercive practices in competing for or in executing the Contract. For the purposes of this Paragraph 8.02: 1. “corrupt practice” means the offering, giving, receiving, or soliciting of anything of value likely to influence the action of a public official in the bidding process or in the Contract execution. 2. “fraudulent practice” means an intentional misrepresentation of facts made (a) to influence the bidding process or the execution of the Contract to the detriment of Owner, (b) to establish Bid or Contract prices at artificial non-competitive levels, or (c) to deprive Owner of the benefits of free and open competition. 3. “collusive practice” means a scheme or arrangement between two or more Bidders, with or without the knowledge of Owner, a purpose of which is to establish Bid prices at artificial, non-competitive levels; and 4. “coercive practice” means harming or threatening to harm, directly or indirectly, persons or their property to influence their participation in the bidding process or affect the execution of the Contract.

8.03

Standard General Conditions A. Owner stipulates that if the General Conditions that are made a part of this Contract are EJCDC® C 700, Standard General Conditions for the Construction Contract (2018), published by the Engineers Joint Contract Documents Committee, and if Owner is the party that has furnished said General Conditions, then Owner has plainly shown all modifications to the standard wording of such published document to the Contractor, through a process such as highlighting or “track changes” (redline/strikeout), or in the Supplementary Conditions.

IN WITNESS WHEREOF, Owner and Contractor have signed this Agreement. This Agreement will be effective on __________________________, 20_______ (which is the Effective Date of the Contract). Owner:

Contractor:

(typed or printed name of organization) By: Date: Name: Title:

Attest:

(individual’s signature) (date signed) (typed or printed) (typed or printed)

(individual’s signature)

(typed or printed name of organization) By: Date: Name:

(individual’s signature) (date signed) (typed or printed)

Title:

(typed or printed) (If Contractor is a corporation, a partnership, or a joint venture, attach evidence of authority to Attest:

(individual’s signature)

Title:

Title:

Designated Representative:

Designated Representative:

Name:

Name:

(typed or printed) Address for giving notices:

Title: Address:

(typed or printed) (typed or printed)

(typed or printed) Address for giving notices:

Title:

(typed or printed) (typed or printed)

Address:

Phone:

Phone:

Email:

Email: License No.:

(where applicable)

State:

END OF SECTION