Loading...
HomeMy WebLinkAboutItem 06.hJanuary 12, 2016 Item No. Contract with Choice Electric, Inc. for construction of King Park Baseball Complex Lighting (January 19, 2016 City Council Meeting) Proposed Action Staff recommends adoption of the following motion: Move to approve contract with Choice Electric. Inc. for the construction of King Park Baseball Complex Lighting. Overview The approved 2016 - 2020 CIP includes the lighting of 9 baseball fields at King Park including the parking lot and trail lighting. The first phase, which is to commence in 2016, consists of lighting fields 2, 3 (Miracle Field), 4, and the parking lot. At the August 17, 2015 City Council Meeting, Lakeville Baseball Association (LBA) donated $150,000 towards the lighting project, and on December 7, 2015 the Mayor and City Council approved a purchase agreement with Musco Sports Lighting, LLC for the lighting system equipment. On Monday, January 11, 2016, bids were received and opened for the structural, underground, and miscellaneous electrical installation for the fields and parking lot. Six bids were received ranging from a low bid of $246,499, to a high bid of $348,720. The low bid was submitted by Choice Electric, Inc., and is within budget. At this time, Staff and Barr Engineering are recommending that the Mayor and City Council approve a contract with Choice Electric, Inc. for the King Park Ballfield lighting project in the amount of $246,499. Staff will not issue the Notice to Proceed to the contractor until we are in receipt of the required Performance and Payment Bond and Certificate of Insurance which is currently being obtained by the contractor. Primary Issues to Consider • Are the lights at the complex needed? The installation of the lights will allow for additional games to be played at the facility, ultimately preventing the need to acquire land for additional fields. Supporting Information • Barr Engineering bid acceptance recommendation memorandum dated January 12, 2016 which includes the results of the six bids. • Contract with Choice Electric, Inc. )im Parks & Recreation Director Financial Impact: $246,499 Budgeted: Y/N _Y_ Source: 2016 CIP Related Documents (CIP, ERP, etc.): Community Values: Good value for public services resourceful. naturally. engineering and environmental consultants BARR Memorandum To: City of Lakeville Attn: John Hennen, Interim Parks and Recreation Director From: Stuart Stephens, P.E. Subject: King Park Ballfield Lighting Project — Bid Acceptance Recommendation Date: January 12, 2016 Bids were opened on January 11, 2016 for the planned ballfield lighting project at King Park. Six bids were received, the results were as follows: $246,499 Choice Electric $266,505 Laketown Electric $274,085 Gunnar Electric $279,995 Muska Electric $322,178 A & J Electric $348,720 Killmer Electric Choice Electric was the apparent low bidder at $246,499, which compares favorably with the City's construction cost estimate of $245,800. We checked with Craig Gallop at Musco Lighting. He reported that he has worked with Choice Electric on several similar projects and was satisfied with their work. We also checked with Choice Electric to make sure their bid was accurate. They reviewed their numbers after the bid opening and said they were comfortable with their submitted bid price. Therefore, we recommend accepting the low bid of $246,499 from Choice Electric for the King Park ballfield lighting project. Barr Engineering Co. 4700 West 77th Street, Suite 200, Minneapolis, MN 55435 952.832.2600 www.barr.com FORM OF AGREEMENT This Agreement is by and&IM between Qc, And 0��4 63`UQ0 11 t P--- ("Ownee') 1tP-- Owner and Contractor hereby agree as follows: ARTICLE 1— WORK ("Owner") ("Contractor"). 1.01 Contractor shall complete all Work as specified or indicated in the Contract Documents. The Work is generally described in Division 01 of the Technical Specifications. ARTICLE 2 — THE PROJECT 2.01 The Project, of which the Work under the Contract Documents may be the whole or only a part, is generally described in Article 1. ARTICLE 3 — ENGINEER 3.01 The Project has been designed by Barr Engineering Company 3.02 Owner has retained Barr Engineering Company (`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 the completion of the Work in accordance with the Contract Documents. The duties and responsibilities and rights and authority of Engineer cannot be extended without written consent of Owner and 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 completed on or before July 29, 2016, and completed and ready for final payment in accordance with Paragraph 15.06 of the General Conditions on or before August 19, 2016. 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 times specified in Paragraph 4.02 above, plus any extensions thereof allowed in accordance with the Contract Documents. 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): e_ City of Lakeville King Park Baseball Complex Lighting 0052.00-1 Form of Agreement 1. Substantial Completion: Contractor shall pay Owner $100 for each day that expires after the time (as duly adjusted pursuant to the Contract) specified in Paragraph 4.02.A 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 Time (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 Substantial Completion and final completion are not additive and will not be imposed concurrently. 4. Milestones: Contractor shall pay Owner $100 for each day that expires after the time (as duly adjusted pursuant to the Contract) specified above for achievement of Milestone 1, until Milestone 1 is achieved. 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. Contract Price: $ . U 6 . All specific cash allowances are included in the above price in accordance with Paragraph 13.02 of the General Conditions. B. The Bid 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 as provided in Paragraph 10.06 of the General Conditions. C. For all Work, at the prices stated in Contractor's Bid, attached hereto as an exhibit. 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, as may be modified by the Supplemental 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 account of the Contract Price on the basis of Contractor's Applications for Payment on or about the first day of each month during performance of the Work as provided in Paragraph 6.02.A.1 below, provided that such Applications for Payment 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. The amount of retainage with respect to all progress payments shall be as defined in the Supplementary Conditions. 6.03 Final Payment A. 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. BAR: City of Lakeville Form of Agreement King Park Baseball Complex Lighting 00 52 00-2 ARTICLE 7 — INTEREST 7.01 All amounts not paid when due as provided in Article 13 of the General Conditions shall bear interest at a maximum rate equal to the sum of the prevailing "Prime Rate" in the geographical area of the Project plus 2 percent (2%). ARTICLE 8 — CDI`fIrRAC T OR'S REPRESENTATIONS 8.01 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 the other related data and reference items identified in the Bidding Documents. 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 (except Underground Facilities), if any, 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. M s— _,of Lakeville King Park Baseball Complex Lighting 00 52 00-3 Form of Agreement ARTICLE 9 — CONTRACT DOCUMENTS 9.01 Contents A. The Contract Documents consist of the following: 1. This Agreement (pages 1 to k inclusive). 2. Performance bond (pages _ to inclusive). 3. Payment bond (pages _ to _, inclusive). 4. Other bonds. a. A17T (pages _ to ___, inclusive). 5. General Conditions (pages to, inclusive). 6. Supplementary Conditions (pages / to 9, inclusive). 7. Specifications as listed in the table of contents of the Project Manual. 8. Drawings (not attached but incorporated by reference) consisting of LL sheets with . each sheet bearing the following general title: dil/j IG -)V Aek &T&6e// &m ale t. 9. Addenda (numbers / to �L inclusive). 10. Exhibits to this Agreement (enumeratedasfollows): a. Contractor's Bid (pages / to inclusive). b. Documentation submitted by Contractor prior to Notice of Award (pages AR to L inclusive). 11. 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. d. Field Orders. B. The documents listed in Paragraph 9.01.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 9. D. The Contract Documents .may only be amended, modified, or supplemented as provided in the General Conditions. ARTICLE 10 —MISCELLANEOUS 10.01 Terms A. Terms used in this Agreement will have the meanings stated in the General Conditions and the Supplementary Conditions. 10.02 Assignment of Contract A. 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, W BARR City of Lakeville Form of Agreement King Park Baseball Complex Lighting 00 52 00-4 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. 10.03 Successors and Assigns A. 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. 10.04 Severability A. 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. 10.05 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 10.05: 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. 10.06 Other Provisions A. 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, through a process such as highlighting or "track changes" (redline/strikeout), or in the Supplementary Conditions. B. This Agreement shall be governed by the laws of the State of Minnesota. C. This contract may be terminated by the Owner at any time upon discovery by the Owner that the Contractor or subcontractor has submitted a false statement under oath verifying compliance with any of the minimum criteria set forth in Minn. Stat. § 16C.285, subd. 3. BARR City of Lakeville King Park Baseball Complex Lighting 00 52 00-5 Form of Agreement IN WITNESS WI HEREOF, Owner and Contractor have signed this Agreement. This Agreement will be effective on on. IVO(which is the Effective Date of the Contract). OWNER: LM Title: CONTRACTOR: ice, L�e��L M. Title: V i ee, 1t I If Contractor is a corporation, a partnership, or joint venture, attach evidence of authority to sign. Attest: Attest: Title: Address for giving notices: Title: Address for giving notices: .30,�Z) 4t` fgve. License No.: 002-(Lo2-0 (where applicable) END OF FORM OF AGREEMENT B..„,R..R„ City of Lakeville Form of Agreement King Park Baseball Complex Lighting 00 52 00-6