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HomeMy WebLinkAboutItem 06.iDate: 15 August 2014 Item No. RESOLUTION ACCEPTING BIDS AND AWARDING THE CONTRACT FOR REPLACEMENT OF FIRE STATION #4 ROOF TOP UNITS TO NAC MECHANICAL & ELECTRICAL SERVICES Proposed Action Staff recommends adoption of the following motion: Move to accept bids for replacement of Fire Station #4 roof top units and award the.contract to NAC Mechanical & Electrical Services. Passage of this motion enables the contractor to order roof top units (RTU) and begin installation. Overview In April 2014, the RTU that served the Fire Administration area of the station failed., leaving the area without heat. The RTU is uniquely configured with a tankless hot water heater attached to the unit to provide heat. Due to the configuration, the unit was not repairable. Two other RTUs at the fire station also use the tankless hot water heater configuration to provide heat to other areas of the building. Given the failure of the first RTU and the inability to repair the heating portion of the unit, it was determined to replace all three of the RTUs at the same time. An advertisement for bids was published on 18 July 2014 and sealed bids were opened on 5 August 2014. Five contractors returned bids. Northern Air Corporation dba NAC Mechanical & Electrical Services submitted the lowest total bid of $100,225.00. Staff reviewed the bids and recommends acceptance of the bids and award of the contract to NAC Mechanical & Electrical Services. Primary Issues to Consider • Is replacement of the RTUs necessary? Yes, the heating portion of the one RTU is out of service and not repairable. Failure of the heating portion of either or both of the other RTUs would require their replacement as well. Replacing them at the same time avoids additional costs for individual equipment purchase, mobilization, and installation. Supporting Information • Proposed financing and a copy of the letter of recommendation from Stanley Consultants, the bid tabulation, and contract are attached. Christop er J. Petree Public Works Director Financial Impact: $112,225.00 Budgeted: No Source: Related Documents (CIP, ERP, etc.): Notes: 4112.6540 CITY OF LAKEVILLE RESOLUTION NO: RESOLUTION ACCEPTING BIDS AND AWARDING THE CONTRACT FOR REPLACEMENT OF FIRE STATION #4 ROOF TOP UNITS TO NAC MECHANICAL & ELECTRICAL SERVICES WHEREAS, an advertisement to bidders seeking bids for the replacement of the roof top units at Fire Station #4 was officially published on 18 July 2014, and WHEREAS, sealed bids for the roof top unit replacement were opened at 11:00 a.m. on 5 August 2014, and WHEREAS, the lowest responsible bidder with a total bid of $100,225.00 was Northern Air Corporation dba NAC Mechanical & Electrical Services. NOW, THEREFORE, BE IT RESOLVED, that the bids are accepted for Fire Station #4 roof top unit replacement and the contract is awarded to NAC Mechanical & Electrical Services. APPROVED AND ADOPTED this 18th day of August 2014 by the City Council of the City of Lakeville. CITY OF LAKEVILLE Matt Little, Mayor ATTEST: Charlene Friedges, City Clerk Financing - Fire Station #4 Roof Top Unit Replacement The total cost of replacing the Fire Station #4 roof top units, including contract and professional services provided by Stanley Consultants Inc., is $112,225.00. Replacement of the rooftop units was not previously anticipated in the next five years. The cost of the project was however taken consideration in the 2015 - 2019 Building Fund Capital Improvement Budget presented to the City Council at the August 11 Council Work Session. The project along with the maintenance projects for other City facilities will be financed with a combination of one time revenues and an annual $47,600 increase in property taxes over the five year period. 0 Stanley Consultants INC August 8, 2014 Neil Normandin Public Works Coordinator City of Lakeville Lakeville, MN 55044 Dear: Neil Subject: Bid results for Fire Station Rooftop Unit Replacement Based on the competed bid form that was sent to us, Stanley Consultants, Lic recommends the City of Lakeville award the Fire Station Rooftop Unit Replacement Project to Northern Air Corporation Mechanical & Electrical Services. Sincerely, Stanley Consultants, Inc. VLSI-� Brian Bimberg, PE m a+ C O V 10. Q. d+ C C. O F- O O cc O Ip r.r N 40 : LL N O O O O O 'C 0 0 0 0 0 C m 00 0 6 0 +, O Ln O N O ^ 00 l� M Ol fA m 00 M 00 L o 0 M N N1 m Q 4. H � "a M N O O O O O O O O O O +, 0 0 0 0 0 ^ 00 l� M Ol C N m 00 M 00 L M N M N N1 Q r•+ M Q v> I yr O O O O 0 O O O O O O O O Ln O O Ln O P- O M R:t lld lD M 00 r.1^ C 00 Ln O - N M M mr M a -- M M a .^��4.n O O OO O o o.0 00 m^ 0 0 0 0 0 m 0 M o Ln o E 0o 00rqr,L; 3 a M M M CL -a E m C O IA VI {/1 fA N m } } } } } M m M w > w 0) w w N w M ai Q oC U C U Vi O U � N N L C U Z fd U 4L U J O1 E w ° O V U _o O (z v co m U U � U t f0 � ccN G U C U t C U C U O Q C9 Ln Z Z to 25430.01.00 AGREEMENT BETWEEN OWNER AND CONTRACTOR DOCUMENT 00 52 13 - Page 1 THIS AGREEMENT is by and between the City of Lakeville 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 replacing three rooftop units 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 three rooftop units and accessories. ARTICLE 3 - ENGINEER 3.1 The Project has been designed by Stanley Consultants, Inc. 3.2 The Owner has retained Stanley Consultants (Engineer) 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 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 Contract Times: Dates. The Work will be substantially completed on or before November 14, 2014, and completed and ready for final payment in accordance with paragraph 15.06 of the General Conditions on or before November 21, 2014. 4.3 Liquidated Damages. Contractor and Owner recognize that time is of the essence as stated in Paragraph 4.1 above and that Owner will suffer financial and other losses if the Work is not completed and Milestones not achieved within the times specified in Paragraph 4.2 above, plus any extensions thereof allowed in accordance with the Contract. 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): A. Substantial Completion: Contractor shall pay Owner $1000.00 for each day that expires after the time (as duly adjusted pursuant to the Contract) specified in Paragraph 4.2 above for Substantial Completion until the Work is substantially complete. B. Completion of Remaining Work: After Substantial Completion, if Contractor shall neglect, refuse, or fail to complete the remaining Work within the Contract Time (as duly adjusted pursuant to the Contract) for completion and readiness for final payment, Contractor shall pay Owner $1000.00 for each day that expires after such time until the Work is completed and ready for final payment. C. Liquidated damages for failing to timely attain Substantial Completion and final completion are not additive and will not be imposed concurrently. After Contractor achieves Substantial Completion, if Contractor shall neglect, refuse, or fail to complete the remaining Work within the Contract Times, Contractor shall reimburse Owner for the actual costs reasonably incurred by Owner for engineering, construction observation, inspection, and administrative services needed after the time specified in Paragraph 4.02 for Work to be completed and ready for final payment (as duly adjusted pursuant to the Contract), until the Work is completed and ready for final payment. EJCDC® C-520, Agreement Between Owner and Contractor for Construction Contract (Stipulated Price). Copyright © 2013 National Society of Professional Engineers, American Council of Engineering Companies, & American Society of Civil Engineers. All rights reserved. 25430.01.00 AGREEMENT BETWEEN OWNER AND CONTRACTOR DOCUMENT 00 52 13 - Page 2 ARTICLE 5 - CONTRACT PRICE 5.1 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, a Lump Sum of: One hundred thousand, two hundred twenty five dollars and zero cents (words) ($100,225.00 (figures) All specific allowances are included in the above price in accordance with paragraph 13.02 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 15 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 each month during performance of the Work as provided in Paragraph 6.2.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. 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 Owner may withhold, including but not limited to liquidated damages, in accordance with the Contract: 1. 95% percent of Work completed (with the balance being retainage). If the Work has been 75 percent 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. 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 100% of the Work completed, less such amounts set off by Owner pursuant to paragraph 15.01. E. 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 punch list of items to be completed or corrected prior to final payment. 6.3 Final Payment. Upon final completion and acceptance of the Work in accordance with paragraph 15.06 of the General Conditions, Owner shall pay the remainder of the Contract Price as recommended by Engineer as provided in said paragraph 15.06. ARTICLE 7 - INTEREST 7.1 All amounts not paid when due shall bear interest at the rate of 5% per annum. ARTICLE 8 - CONTRACTOR'S REPRESENTATIONS 8.1 In order to induce Owner to enter into this Contract, Contractor makes the following representations: A. Contractor has examined and carefully studied the Contract Documents, and any data and reference items identified in the Contract Documents. EJCDC® C-520, Agreement Between Owner and Contractor for Construction Contract (Stipulated Price). Copyright © 2013 National Society of Professional Engineers, American Council of Engineering Companies, & American Society of Civil Engineers. All rights reserved. 25430.01.00 AGREEMENT BETWEEN OWNER AND CONTRACTOR DOCUMENT 00 52 13 - Page 3 B. Contractor has visited the Site, conducted a thorough, alert visual examination of the Site and adjacent areas, 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. C. Contractor is familiar with and is satisfied as to all Laws and Regulations that may affect cost, progress, and performance of the Work. D. Contractor has carefully studied all: (1) reports of explorations and tests of subsurface conditions at or adjacent to the Site and all drawings of physical conditions relating to existing surface or subsurface structures at the Site that have been identified in the Supplementary Conditions, especially with respect to Technical Data in such reports and drawings, and (2) reports and drawings relating to Hazardous Environmental Conditions, if any, at or adjacent to the Site that have been identified in the Supplementary Conditions, especially with respect to Technical Data in such reports and drawings. E. 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 Site -related reports and drawings 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; and (3) Contractor's safety precautions and programs. F. 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. G. 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. H. 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. I. The Contract Documents are generally sufficient to indicate and convey understanding of all terms and conditions for performance and furnishing of the Work. J. 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. 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 as listed on the Drawing List. H. Addenda, inclusive. EJCDC® C-520, Agreement Between Owner and Contractor for Construction Contract (Stipulated Price). Copyright C 2013 National Society of Professional Engineers, American Council of Engineering Companies, & American Society of Civil Engineers. All rights reserved. 25430.01.00 AGREEMENT BETWEEN OWNER AND CONTRACTOR DOCUMENT 00 52 13 - Page 4 Exhibits to this Agreement (enumerated as follows): Contractor's Bid (inclusive) marked Exhibit J. The following which maybe delivered or issued on or after the Effective Date of the Agreement and are not attached hereto: 1. Notice to Proceed. 2. Instructions to Contractors. 3. Change Orders. 4. Field Orders. 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 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. Unless expressly agreed to elsewhere in the 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, money that may become due and money that is 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 successors, assigns, and legal representatives to the other party hereto, its successors, assigns, and legal representatives in respect to all covenants, agreements, and obligations contained in the Contract Documents. 10.4 Severability. 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, Agreement Between Owner and Contractor for Construction Contract (Stipulated Price). Copyright © 2013 National Society of Professional Engineers, American Council of Engineering Companies, & American Society of Civil Engineers. All rights reserved. 25430.01.00 AGREEMENT BETWEEN OWNER AND CONTRACTOR DOCUMENT 00 52 13 - Page 5 10.6 Other Provisions. Owner stipulates that if the General Conditions that are made a part of this Contract are based on EJCDC® C-700, Standard General Conditions for the Construction Contract, 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 in the Supplementary Conditions. IN WITNESS WHEREOF, Owner and Contractor have signed this Agreement. This Agreement will be effective on August 18 , 2014_ (which is the Effective Date of the Agreement). OWNER: By: Title: Mayor Attest Title: City Clerk Address for giving notices: (If Owner is a corporation, attach evidence of authority to sign. If Owner is a public body, attach evidence of authority to sign and resolution or other documents authorizing execution of Owner - Contractor Agreement.) CONTRACTOR: Northern Air Corporation d/b/a NAC Mechanical & Electrical Services By: William Zellmer. Title: (If Contractor is a corporation, a partnership, or a joint venture, attach evidence of authority to sign.) Attest James Brengman Title: Vice President — Construction Division Address for giving notices: 1001 Labore Industrial Court Vadnais Heights, MN 55110 License No. MB003184 — State of MN Mechanical Contractor Bond (Where applicable) END OF DOCUMENT EJCDC® C-520, Agreement Between Owner and Contractor for Construction Contract (Stipulated Price). Copyright © 2013 National Society of Professional Engineers, American Council of Engineering Companies, & American Society of Civil Engineers. All rights reserved.