Bid Award for Road and Parking Lot Repairs. (Roll Call)

City Council Agenda Item Report

FROM:

Scott Herbert – Public Works Superintendent

MEETING DATE:

October 14, 2025

SUBJECT:

Recommendation of Award2025 Asphalt Repairs Project

DESCRIPTION: The City received one bid for the 2025 Asphalt Repairs project, which includes mill and fill asphalt work at several locations within the City: Lucy Street (east of Butler), Main Street (west of Water Street and Wick’s Park parking lot), and Hoffman Street (west of Water Street and associated parking areas). Repairs include removal and replacement of the top course of asphalt, approximately 1.5” plus anticipated base repairs and related work. Underground utilities are good in these areas. The bid packet was prepared and advertised by Fleis & Vandenbrink. One bid was received by the September 30, 2025, deadline. The sole bid came from A-1 Asphalt of Wayland, MI, in the amount of $57,208.10. A-1 Asphalt has previously completed similar asphalt repair work for the City in 2023 and is prequalified with the Michigan Department of Transportation. Based on their performance history, reasonable unit pricing, and their ability to complete the work this fall, Fleis & Vandenbrink recommends awarding the project to A-1 Asphalt. For budgeting purposes, Fleis & Vandenbrink recommends the following construction phase costs: • • • •

Construction (as awarded): $57,208.10 Contingencies (~7%): $3,791.90 Construction Engineering & Administration: $6,000 Total Recommended Budget: $67,000

Staff supports the recommendation to award the bid to A-1 Asphalt.

BUDGET ACTION REQUIRED: Budgeted amount to come from Local and Major Street funds.

COMMITTEE/COMMISSION REVIEW: N/A LEGAL REVIEW: N/A SAMPLE MOTION: Motion to approve award to A-1 Asphalt Inc. in the amount of $57,208.10 for asphalt repairs with a total project cost of $67,000 and to allow the Mayor and City Clerk to sign associated contracts.

RECOMMENDATION OF AWARD October 1, 2025 Via Email: scott@saugatuckcity.com Scott Herbert, Superintendent of Public Works City of Saugatuck 102 Butler Street PO Box 86 Saugatuck, MI 49453

RE:

2025 Asphalt Repairs

Scott, The City received bids for the 2025 Asphalt Repairs project on September 30, 2025. As you will recall, the repairs are “mill & fill” of the following areas: ▪ South side of Lucy Street east of Butler Street. ▪ Main Street west of Water Street and Wick’s Park parking lot ▪ Hoffman Street west of Water Street and associated parking Repairs include removal and replacement of the top course of asphalt, approximately 1.5” plus anticipated asphalt base repairs and related work. Bids were requested based on completing the work this fall. One bid was received (likely due to scheduling constraints). The bid is from A-1 Asphalt of Wayland, Michigan in the amount of $57,208.10 (after correcting for rounding errors), and the unit prices appear to be reasonable considering the nature of the work. We have worked with A-1 on a number of similar projects, including similar asphalt repairs for the City in 2023. They are prequalified by the Michigan Department of Transportation, and we feel they are capable of meeting the project requirements. Based on the above, we recommend an award to A-1 Asphalt in the amount of $57,208.10. For budgetary purposes, we recommend that the City plan on the following construction phase costs: Item Construction (as awarded): Contingencies (~7%): Construction Engineering & Administration: Total Recommended Construction Budget:

3187-49 Rec of Award

Budget $57,208.10 $3,791.90 $6,000 $67,000

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

Scott Herbert | City of Saugatuck | October 1, 2025 Page 2 of 2

Please feel free to contact me with any questions. Sincerely, FLEIS & VANDENBRINK

Jonathan W. Moxey, P.E. Project Manager

3187-49 Rec of Award

SECTION 00 52 00 AGREEMENT This Agreement is by and between City of Saugatuck

_____________________

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: 2025 Asphalt Repairs

ARTICLE 2 - THE PROJECT 2.01

Project, of which the Work under the Contract Documents is a part, is generally described as follows: 2025 Asphalt Repairs

ARTICLE 3 - ENGINEER 3.01 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. Bids will be presented to City Council at their October 8, 2025 workshop and an award is of Award issued on October 15, 2025. The Notice to Proceed will be issued as soon as bonds and insurance certificates are provided for the contract to be executed. The work will be substantially complete on or before November 14, 2025, and completed and ready for final payment in accordance with Paragraph 15.06 of the General Conditions on or before November 28, 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

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AGREEMENT

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 $250 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. 3. Liquidated damages for failing to timely attain Milestones, Substantial Completion, and final completion are not additive, and will not be imposed concurrently. B. If Owner recovers liquidated damages for a delay in completion by Contractor, then such 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 Unit Price Work, an amount equal to the sum of the extended prices (established for each separately identified item of Unit Price Work by multiplying the unit price times the actual quantity of that item).

Unit Price Work Item No.

Description

Unit

Estimated Quantity

Total of all Extended Prices for Unit Price Work (subject to final adjustment based on actual quantities)

Unit Price

Extended Price

The extended prices for Unit Price Work set forth as of the Effective Date of the Contract are based on estimated quantities. As provided in Paragraph 13.03 of the General Conditions, estimated quantities are not guaranteed, and determinations of actual quantities and classifications are to be made by Engineer.

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AGREEMENT

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. 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 punch list of items to be completed or corrected prior to final payment.

6.03

Final Payment A. Upon final completion and acceptance of the Work, Owner shall pay the remainder of the Contract Price in accordance with Paragraph 15.06 of the General Conditions.

6.04

Consent of Surety A. Owner will not make final payment, or return or release retainage at Substantial Completion or any other time, unless Contractor submits written consent of the surety to such payment, return, or release.

6.05

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.

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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. Addenda (numbers ________ to _______, inclusive). 7. Exhibits to this Agreement (enumerated as follows): a. b. Documentation submitted by Contractor prior to Notice of Award. c. ________________. 8. 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 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.

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AGREEMENT

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) 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 that without exception all prices in the Agreement are premised upon performing and furnishing the Work required by the Contract Documents. 8.02 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. likely to influence the action of a public official in the bidding process or in the Contract execution. 2. 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. with or without the knowledge of Owner, a purpose of which is to establish Bid prices at artificial, non-competitive levels; and 4. 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 plementary Conditions.

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AGREEMENT

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:

(typed or printed name of organization)

By:

Date:

Date: (date signed)

Name:

(date signed)

Name: (typed or printed)

Title:

(typed or printed)

Title: (typed or printed)

Attest:

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

Attest:

Title:

Title: (typed or printed)

(typed or printed)

Address for giving notices:

Address for giving notices:

Designated Representative:

Designated Representative:

Name:

Name: (typed or printed)

Title:

(typed or printed)

Title: (typed or printed)

(typed or printed)

Address:

Address:

Phone:

Phone:

Email:

Email: License No.: (where applicable)

State:

END OF SECTION 3187-49

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AGREEMENT