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HomeMy WebLinkAboutItem 06.jDate: 19 March 2012 Item No. RESOLUTION ACCEPTING BIDS AND AWARDING THE CONTRACT FOR FAIRFIELD TOWER AND AIRLAKE TOWER 2012 MAINTENANCE WORK TO TMI COATINGS, INC. Proposed Action Staff recommends adoption of the following motion: Move to accept bids for Fairfield Tower and Airlake Tower 2012 maintenance work and award the contract to TMI Coatings, Inc. Passage of this motion enables cleaning of both the Fairfield and Airlake water towers and the repainting of the Lakeville logos on the Fairfield tower. Overview Periodic preventive maintenance of the water towers is necessary to preserve the durability of the coatings and guard against corrosion to both the interior and exterior of the tower. Both the Fairfield and Airlake towers were evaluated by engineers to determine the need and timing to repaint the two towers. Their evaluation recommended a pressure washing the exteriors of both towers and repainting the logos on the Fairfield Tower. An advertisement for bids was published on 2 February 2012 and sealed bids were opened on 1 March 2012. Two companies responded to the advertisement for bids. The lowest responsible bid was received from TMI Coatings, Inc. for $23,700 to repaint the logos and clean the Fairfield Tower and $7,000 to clean the Airlake Tower. Staff recommends acceptance of the bids and award of the contract. Primary Issues to Consider • When will the towers need to be repainted? This cleaning and repainting of the logos will allow the City to delay for several years the complete repainting of the towers. Supporting Information • A cop .f the b„r abul.tion, contract, and letter of recommendation are attached. Christopf'r J. Petree Operati.ns & Maintenance Director Financial Impact: $30,700.00 Budgeted: Yes Source: 7624.6295 Related Documents (CIP, ERP, etc.): Notes: RESOLUTION ACCEPTING BIDS AND AWARDING THE CONTRACT FOR FAIRFIELD TOWER AND AIRLAKE TOWER 2012 MAINTENANCE WORK TO TMI COATINGS, INC. WHEREAS, the advertisement for bids for the Fairfield Tower and Airlake Tower 2012 maintenance work was officially published on 2 February 2012, and WHEREAS, sealed bids for water treatment chemicals were opened at 1:00 p.m. on 1 March 2012, and WHEREAS, the lowest responsible bidder for the cleaning of the Fairfield Tower and repainting of the logos at $23,700 and the cleaning of the Airlake Tower at $7,000 was TMI Coatings, Inc, 3291 Terminal Drive, St. Paul, Minnesota 55121. NOW, THEREFORE, BE IT RESOLVED, that the bids are accepted for Fairfield Tower and Airlake Tower 2012 maintenance work and the contract is awarded to TMI Coatings, Inc. APPROVED AND ADOPTED this 19 day of March 2012 by the City Council of the City of Lakeville. ATTEST: Charlene Friedges, City Clerk CITY OF LAKEVILLE RESOLUTION NO: CITY OF LAKEVILLE Mark Bellows, Mayor Ci CO M 0 co 2 Z TD U a i IU ai E m Z . 0 co C 2 0 a� 0 0 (1) w (3_ U C f6 Z 0 f6 0 0 0 M 0 0 0 0 a 0 0 0 0 w 0 0 0 3 O O 1 0 0 0 0 O 44 a THIS AGREEMENT is dated as of the day of in the year by and between the City of Lakeville, Minnesota (hereinafter called OWNER) and (hereinafter called CONTRACTOR). OWNER and CONTRACTOR, in consideration of the mutual covenants hereinafter set forth, agree as follows: ARTICLE 1 — WORK CONTRACTOR shall complete all Work as specified or indicated in the Contract Documents. The Work is generally described as follows: 1. Exterior pressure washing and cleaning of Fairfield Tower (750,000 gallon steel elevated water storage tank). 2. Exterior logo installation (3 logos) on Fairfield Tower. 3. Exterior pressure washing and cleaning of Airlake Tower (500,000 gallon steel elevated water storage tank). ARTICLE 2 — ENGINEER STANDARD FORM OF AGREEMENT BETWEEN OWNER AND CONTRACTOR ON THE BASIS OF A STIPULATED PRICE The Project has been designed by the office of WSB & Associates, Inc. who is hereinafter 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 3 — CONTRACT TIME 3.1 The Work will be completed and ready for Final Payment in accordance with paragraph 14.07 of the General Conditions on or before 28 calendar days after notice to proceed and that no more than one period of 7 consecutive days will be required for painting operations once the Owner drains the tank. 3.2 Liquidated Damages. OWNER and CONTRACTOR recognize that time is of the essence in this Agreement and that OWNER will suffer financial loss if the Work is not completed within the times specified in paragraph 3.1 above, plus any extensions thereof allowed in accordance with Article 12 of the General Conditions. They also recognize the delays, expense and difficulties involved in proving 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 in accordance with MnDOT Section 1807 as amended herein. FAIRFIELD TOWER AND AIRLAKE TOWER 2012 MAINTENANCE WORK CITY PROJECT NO. 12 -03 CITY OF LAKEVILLE, MN WSB PROJECT NO. 1715 -93 CAF PAGE 1 MnDOT Section 1807.2, Waiver of Liquidated Damages, is amended by eliminating the second paragraph in its entirety. The liquidated damages shall be charged per calendar day for the project, as well as for any intermediate completion dates. The amount per calendar day will be based on the construction contract value as outlined in Section 1807.1. ARTICLE 4 — CONTRACT PRICE 4.1. OWNER shall pay CONTRACTOR for completion of the Work in accordance with the Contract Documents an amount in current funds equal to the sum of the amounts determined pursuant to paragraphs 4.1.A and 4.1.B below: A. For all Work at the prices stated in CONTRACTOR'S Bid, attached hereto as an exhibit for a total of all Unit Price and Lump Sum work of $ For all unit price work, an amount equal to the sum of the established unit price for each separately identified item of Unit Price Work times the estimated quantity of that item as indicated in the CONTRACTOR'S Bid Form. All specific cash allowances are included in the above price and have been computed in accordance with paragraph 11.02 of the General Conditions. As provided in paragraph 11.03 of the General Conditions, estimated quantities are not guaranteed, and determinations of actual quantities and classifications are to be made by ENGINEER as provided in paragraph 9.08 of the General Conditions. Unit prices have been computed as provided in paragraph 11.03 of the General Conditions. B. For all Work, at the prices stated in CONTRACTOR'S Bid, attached hereto as an exhibit. ARTICLE 5 — PAYMENT PROCEDURES 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. 5.1. Progress Payments. OWNER shall make progress payments on account of the Contract Price on the basis of CONTRACTOR'S Applications for Payment as recommended by Engineer according to a schedule mutually agreed upon by the Owner and Contractor. All progress payments will be on the basis of the progress of the Work measured by the schedule of values established in paragraph 2.07 of 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 in the General Requirements. 5.1.1. Prior to Final 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 Engineer shall determine, or OWNER may withhold, in accordance with paragraph 14.02 of the General Conditions. FAIRFIELD TOWER AND AIRLAKE TOWER 2012 MAINTENANCE WORK CITY PROJECT NO. 12 -03 CITY OF LAKEVILLE, MN WSB PROJECT NO. 1715 -93 CAF PAGE 2 95% of Work completed, except for mobilization. 75% 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), except for mobilization. See Section 01300 of the Project Manual for schedule of payments for mobilization. 5.2. Final Payment. 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 6 — INTEREST 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 7 — CON TRACTOR'S REPRESENTATIONS In order to induce OWNER to enter into this Agreement, CONTRACTOR makes the following representations: 7.1. CONTRACTOR has examined and carefully studied the Contract Documents (including the Addenda listed in Article 8 of this agreement) and the other related data identified in the Bidding Documents including "technical data." 7.2. 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, performance or furnishing of the Work. 7.3. CONTRACTOR is familiar with and is satisfied as to all federal, state, county and local Laws and Regulations that may affect cost, progress, performance and furnishing of the Work. 7.4. CONTRACTOR has carefully studied all 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 Supplementary Conditions as provided in paragraphs 4.02 and 4.03 of the General Conditions. CONTRACTOR accepts the determination set forth in paragraph SC -4.02 of the Supplementary Conditions of the extent of the "technical data" contained in such reports and drawings upon which CONTRACTOR is entitled to rely as provided in paragraphs 4.02 and 4.03 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. 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 FAIRFIELD TOWER AND AIRLAKE TOWER 2012 MAINTENANCE WORK CITY PROJECT NO. 12 -03 CITY OF LAKEVILLE, MN WSB PROJECT NO. 1715 -93 CAF PAGE 3 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 and safety precautions and programs incident thereto. 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. 7.5. 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. 7.6. CONTRACTOR has correlated the information known to CONTRACTOR, information and observations 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. 7.7. CONTRACTOR has given Engineer written notice of all conflicts, errors, ambiguities or discrepancies that he has discovered in the Contract Documents and the written resolution thereof by Engineer is acceptable to CONTRACTOR. ARTICLE 8 — CONTRACT DOCUMENTS The Contract Documents which comprise the entire agreement between OWNER and CONTRACTOR concerning the Work consist of the following: 8.1. This Agreement (pages 1 to 6, inclusive). 8.2. Exhibits to this Agreement (pages to , inclusive). 8.3. Performance and Payment Bonds. 8.4. Notice to Proceed. 8.5. General Conditions. 8.6. Supplementary Conditions. 8.7. Specifications bearing the title "Project Manual, Fairfield Tower and Airlake Tower 2012 Maintenance Work for the City of Lakeville." 8.8. Drawings with this project manual. 8.9. Addenda numbers to inclusive. 8.10. CONTRACTOR's Bid (pages to inclusive) marked exhibit FAIRFIELD TOWER AND AIRLAKE TOWER 2012 MAINTENANCE WORK CITY PROJECT NO. 12 -03 CITY OF LAKEVILLE, MN WSB PROJECT NO. 1715 -93 CAF PAGE 4 8.11. Documentation submitted by CONTRACTOR prior to Notice of Award (pages to inclusive). 8.12. The following which may be delivered or issued after the Effective Date of the Agreement and are not attached hereto: All Written Amendments and other documents amending, modifying, or supplementing the Contract Documents pursuant to paragraph 3.04 of the General Conditions. There are no Contract Documents other than those listed above in this Article 8 of this agreement. The Contract Documents maybe amended, modified or supplemented as provided in paragraph 3.04 of the General Conditions. ARTICLE 9 — MISCELLANEOUS 9.1. Terms used in this Agreement which are defined in Article 1 of the General Conditions will have the meanings indicated in the General Conditions. 9.2. No assignment by a party hereto of any rights under or interests in the Contract Documents 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. 9.3. 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 of all covenants, agreements and obligations contained in the Contract Documents. 9.4. Any provisions 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. FAIRFIELD TOWER AND AIRLAKE TOWER 2012 MAINTENANCE WORK CITY PROJECT NO. 12 -03 CITY OF LAKEVILLE, MN WSB PROJECT NO. 1715 -93 CAF PAGE 5 ARTICLE 10 — OTHER PROVISIONS IN WITNESS WHEREOF OWNER and CONTRACTOR have signed this Agreement in triplicate. One counterpart each has been delivered to OWNER, CONTRACTOR and ENGINEER. All portions of the Contract Document have been signed or identified by OWNER and CONTRACTOR or by ENGINEER on their behalf. This Agreement will be effective on (which is the effective date of the Agreement). OWNER: CONTRACTOR: City of Lakeville, MN By: By: Attest: Attest: Address for giving notices: 20195 Holyoke Avenue Lakeville, MN 55044 FAIRFIELD TOWER AND AIRLAKE TOWER 2012 MAINTENANCE WORK CITY PROJECT NO. 12 -03 CITY OF LAKEVILLE, MN WSB PROJECT NO. 1715 -93 Address for giving notices: Business Phone: Agent for service of process: CAF PAGE 6 WSB Engineering • Planning • Environmental • Construction 701 Xenia Avenue South Suite 300 Minneapolis, MN 55416 Tel: 763- 541 -4800 Fax: 763 - 541 -1700 March 1, 2012 Mr. Chris Petree Public Works Director City of Lakeville 18400 Ipava Avenue Lakeville, MN 55044 Re: Fairfield Tower and Airlake Tower 2012 Maintenance Work City Project No. 12 -03 City of Lakeville, MN WSB Project No. 1715 -93 Dear Mr. Petree: Bids were received for the above - referenced project on Thursday, March 1, 2012, and were opened and read aloud. Two bids were received. The bids were checked for mathematical accuracy and tabulated. The Engineer's Estimate was $59,000.00. Please find enclosed the bid tabulation indicating TMI Coatings, Inc., St. Paul, Minnesota, as the low bidder. Based on the results of the bids received, we recommend that the City Council consider these bids and award a contract in the amount of $30,700.00 to TMI Coatings, Inc. Sincerely, WSB & Associates, Inc. 4 3 4 1 4 Nancy D. Zeigler, PE Senior Project Manager Enclosures cc: Tracy Gliori, TMI Coatings, Inc. all Minneapolis • St. Cloud Equal Opportunity Employer K:`A17I5 -930 Admin\Construction Admin',TR REC -c petcee-030113.doc