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HomeMy WebLinkAboutItem 06.kDate: 12 September 2013 Item No. k RESOLUTION ACCEPTING BIDS AND AWARDING THE CONTRACT FOR THE LAKEVILLE LIQUORS KENRICK COOLER REMODELING TO QUALITY REFRIGERATION INC. Proposed Action Staff recommends adoption of the following motion: Move to accept bids for the Lakeville Liquors Kenrick cooler remodeling and award the contract to Quality Refrigeration Inc Passage of this motion allows the contractor to start work to expand the cooler at the Kenrick Liquor Store. Overview The current cooler configuration at the Kenrick store does not allow chilled storage of its beer inventory. This results in dozens of cases of beer being stacked in a storage area and then being moved into the cooler. Because of this there is a tendency to stack as much beer as possible in the cooler to service customer needs. The limited storage space and stacking of the beer cases obstructs movement within the cooler and storage area and presents ergonomic safety issues that were highlighted in a 2012 consultation report by Minnesota OSHA. The cooler remodeling will expand the cooler into and take over the existing storage area reducing the handling of the cases and reducing the stack height within the cooler. Bids for this project were advertised on 16 August 2013; the City received responses from two companies. Sealed bids were opened on 4 September 2013. Of those responding, Quality Refrigeration Inc. was the lowest responsible bidder with a bid of $69,513.91. Award of the contract is based on the lowest bid. Staff recommends acceptance of the bids and award of the contract as indicated. Primary Issues to Consider • Can expansion of the cooler be delayed? No. The existing facility is simply too small to handle the volume of sales and product storage at the store. Ergonomic issues with case stacking height and aisle width need to be resolved. Supporting Information • A copy of id tabul 'o an tract are attached. Christop er J. P Public Works Director Financial Impact: $69,513.91 Related Documents (CIP, ERP, etc.): Notes: Budgeted: Yes Source: 7800.1741 CITY OF LAKEVILLE RESOLUTION NO: RESOLUTION ACCEPTING BIDS AND AWARDING THE CONTRACT FOR THE LAKEVILLE LIQUORS KENRICK COOLER REMODELING TO QUALITY REFRIGERATION INC. WHEREAS, notices to bidders for the acceptance of sealed bids for the Lakeville Liquors Kenrick cooler remodeling were officially published on 16 August 2013, and WHEREAS, sealed bids were opened at 11:00 a.m. on 4 September 2013, and WHEREAS, the lowest responsible bidder for the remodeling was Quality Refrigeration Inc., 6237 Penn Avenue South, Richfield, Minnesota 55423, with a bid of $69,513.91. NOW, THEREFORE, BE IT RESOLVED, that the bids are accepted for the cooler remodeling at Lakeville Liquors Kenrick and the contract is awarded to Quality Refrigeration. APPROVED AND ADOPTED this 16 1 h day of September 2013 by the City Council of the City of Lakeville. CITY OF LAKEVILLE Matt Little, Mayor ATTEST: Charlene Friedges, City Clerk 24686.01.00 AGREEMENT BETWEEN OVbNER AND CONTRAC DOCUMENT 00 5213 - Page 1 rM - MMM THIS AGREEMENT is by and between the City of Lakeville (Owner) and the Contractor. Owner and Contractor hereby agree as follows: ARTICLE 1 -WORK 1.1 Contractor shall complete all Work as specified or indicated in the Contract Documents. The Work is generally described as expanding the cooler, replacing mechanical units and lighting and accessories. ARTICLE 2 -THE PROJECT 2.1 The Project for which Work under the Contract Documents may be the whole or only a part is generally described as replacing expanding the cooler, replacing mechanical units and lighting and accessories. ARTICLE 3 - ENGINEER 3.1 The Project has been designed by Stanley Consultants, Inc. (Engineer) who is to act as Owners 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 4 - CONTRACT TIMES 4.1 Time of the Essence. 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. 4.2 Dates for Substantial Completion and Final Payment. The Work will be substantially completed on or before December 6, 2013, and completed and ready for final payment in accordance with paragraph 14.07 of the General Conditions on or before December 13, 2013. 4.3 Liquidated Damages. Contractor and Owner recognize that time is of the essence as stated in Paragraph 4.01 above 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 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 $1000.00 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 $1000.00 for each day that expires after the time specified in Paragraph 4.02 above for completion and readiness for final payment until the Work is completed and ready for final payment. ARTICLE 5 - CONTRACT PRICE 5.1 Owner shall pay Contractor for completion of the Work in accordance with the Contract Documents an amount in current funds equal to the sum of the amounts determined pursuant to paragraphs 5. 1, A. below: A. For all Work a Lump Sum of: EJCDC C -529 Form of Agreement Between Owner and Contractor for Construction Contract (Stipulated Price) Cousrigbt 0 2007 National Society of Professional Eodueen for EJCDC All ritrts reserved. 24686.01.00 AGREEMENT BETWEEN-OWNER AND CONTRACTOR DOCUMENT 00 5213 - Page 2 sixty nine thousand five hundred thirteen dollars and ninety one cents (words) ($ 69,513.91 ). (figures) Lump Sum Contract Price includes Altemates No. All specific allowances are included in the above price and have been computed in accordance with paragraph 11.02 of the General Conditions. ARTICLE 6 - PAYMENT PROCEDURES 6.1 Submittal and Processing of Payments. 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. 6.2 Progress Payments; Retainage. Owner shall make progress payments on account of the Contract Price on the basis of Contractor's Applications for Payment within 30 days of receipt of Application during performance of the Work as provided in paragraphs 6.2., A. and 6.2., B below. All such payments will be measured by the schedule of values established in paragraph 2.07.A 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: A. 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 Engineer shall determine, or Owner may withhold, in accordance with paragraph 14.02 of the General Conditions. 1. 95% 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 95% of the Work completed, less such amounts as Engineer shall determine in accordance with paragraph 14.02. B. 5 of the General Conditions and less 200% of Engineer's estimate of the value of Work to be completed or corrected as shown on the tentative list of items to be completed or corrected attached to the certificate of Substantial Completion. 6.3 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 7 - INTEREST 7.1 All moneys not paid when due as provided in Article 14 of the General Conditions shall bear interest at 5% per annum. ARTICLE 8 - CONTRACTOR'S REPRESENTATIONS 8.1 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 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 performance of the Work. 24686.01.00 AGREEMENT BETWEEN OWNER AND CONTRACTOR DOCUMENT 00 52 13 - Page 3 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 considered the information known to Contractor; 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 Site - related reports and dravuings identified in the Contract Documents, with respect to the effect of such information, observations, and documents on (1) the cost, progress, and performance of the Work; (2) the means, methods, techniques, sequences, and procedures of construction to be employed by Contractor, including any specific means, methods, techniques, sequences, and procedures of construction expressly required by the Contract Documents; and (3) Contractor's safety precautions and programs. E. Based on the information and observations referred to in Paragraph 8.01.1) above, Contractor does not consider that 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 Documents. F. 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. G. 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. H. 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 9.1 Contents: The Contract Documents consist of the following: A. This Agreement (inclusive). B. Performance Bond (inclusive). C. Payment Bond (inclusive). D. General Conditions (inclusive). E. Supplementary Conditions (inclusive). F. Specifications as listed in Project Manual table of contents. G. Drawings consisting of a cover sheet and sheets as listed in Drawing List. H. Addenda, inclusive. Exhibits to this Agreement (enumerated as follows): Contractor's Bid (inclusive) marked Exhibit EJCDC C -520 Form of Agreement Between Owner and Contractor for CoWmcdon Contract (stipulated Price) Cooyri¢At 0 2007 National Society of Profesdonat Engineers far EJCDC All ftu reserved DOCUMENT 00 Page 4 J. The following which may be delivered or issued on or after the Effective Date of the Agreement and are not attached hereto: 1. Notice to Proceed (inclusive). 2. Work Change Directives; 3. Change Order(s). 9.2 The documents listed in paragraph 9.1 are attached to this Agreement (except as expressly noted otherwise above). 9.3 There are no Contract Documents other than those listed above in this Article 9. 9.4 The Contract Documents may only be amended, modified, or supplemented as provided in paragraph 3.04 of the General Conditions. ARTICLE 10 - MISCELLANEOUS 10.1 Terms. Terms used in this Agreement will have the meanings indicated in the General Conditions and the Supplementary Conditions. 10.2 Assignment of Contract. No assignment by a party hereto of any rights under or interests in the Contract 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. 10.3 Successors and Assigns. 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 to all covenants, agreements, and obligations contained in the Contract Documents. 10.4 Severabillty. 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. 10.5 Contractor's Certification. 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 10.5: A. "corrupt practice" means the offering, giving, receiving, or soliciting of any thing of value likely to influence the action of a public official in the bidding process or in the Contract execution; B. "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; C. "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 D. "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. EJCDC C -520 Form of Agreement Between Owner and Contractor for Construction Contract (Stipulated Price) -- Cooyrit:ht 0 2007 National Society of Professional Enciaeers for EJCDC All rkhts reserved. 24686.01.00 AGREEMENT BETWEEN OWNER AND CONTRACTOR DOCUMENT 00 52 13 - Page 5 16 . . EJCDC C -529 Form of Agreement Between Owner and Contractor for Construction Contract (Stipulated Price) Copyright 0 2007 National Society of Professional Eunlaeers for EJCDC AN riots reserved. 24686.01.00 AGREEMENT BETWEEN OWNER AND CONTRACTOR DOCUMENT 00 52 13 - Page 6 IN WITNESS WHEREOF, Owner and Contractor have signed this Agreement in duplicate. One counterpart I each has been delivered to Owner and Contractor. All portions of the Contract Documents have been signed or identified by Owner and Contractor or on their behalf. This Agreement will be effective on Sep mb r , 10 , 2013 (which is the Effective Date of the Agreement). OWNER: By: Title: Attest Title: Address for giving notices: CONTRACTOR: Quality Refrigeration, Inc. By: Robert E. Forder Title: president (If Contractor is a corporation, a partnership, or a joint venture, attach evidence of authority to sign.) Attest Title: Controller Address for giving notices 6237 Penn Ave. S. #100 Richfield, MN 55423 (If Owner is a corporation, attach evidence of authority to sign. License No. If Owner is a public body, attach evidence of authority to sign (Where applicable) and resolution or other documents authorizing execution of Owner-Contractor Agreement.) Agent for service of process: END OF DOCUMENT EJCDC C -320 Form of Agreement Between Owner and Contractor for Construction Contract (Stipulated Price) Ctroyrleht 0 2007 National Society of Professional Eneiaeers for EJCDC All rithts reserved Z O N Z a a x W W J O O u Y V Z W Y N D a J W J J W Y a J W W Z O H 00 Q F m M r O N L .G W a+ a a, N d' R V IA C W 3 E 10 O O r r 0 0 Ln co N O v cu o M N Ln 3 a z m O a 0 o v z z a, W m m ik D m 4 a a m 1L O Z V Y Z W N LU W H m Q Q Q O m ° a N V V V E m z tA CO m m a a a I I I I I a c