HomeMy WebLinkAboutItem 06.nSeptember 6, 2011
Approval of Contract with Federal Signal for Purchase, Installation and Upgrade
of Outdoor Warning Siren System
Proposed Action
Staff recommends adoption of the following motion: Approve Contract with Federal
Signal for Purchase, Installation and Upgrade of Outdoor Warning Siren System
Approval of the Contract will provide for modifications of siren system
Overview
The 2011 Equipment Fund Budget provided $247,498 for the replacement and /or
upgrade of Lakeville's outdoor warning sirens in order to be in compliance with the
Federal laws regarding narrow banding. The project also includes replacement of
sirens that are more than 30 years old.
Federal Signal submitted the lowest bid. The project will be approximately $7,316 under
budget.
The project will be completed prior to the start of the 2012 storm season.
Primary Issues to Consider
• Status of current sirens
• What are the Federal regulations regarding Narrow Banding
• Siren Location Study
• What is electronic monitoring?
• Contract revisions
• How is the project being financed?
Supporting Information
• Bid price proposals
1, ���.
geant John Kornmann, Administrative Sgt/ EMD
Financial Impact: net cost 8238,814 Budgeted: Y
Related Documents (CIP, ERP, etc.):
Notes:
Item No.
Source: Equipment Fund
Council Report
Page 2
Primary Issues to Consider
Status of current Sirens
The City of Lakeville of Lakeville currently operates 21 outdoor warning sirens. 9 sirens
in the system are 35 years old. Repair parts are no longer available and the sirens are
no longer supported by Federal Signal. Mechanical problems plague four sirens,
requiring frequent repairs and reliability is now in question. If the narrow banding
upgrades were performed on these 9 units, the old technology would not transfer to new
replacement units.
What are the Federal regulations regarding Narrow Banding?
From the FCC website
Narrow banding is an effort to ensure more efficient use of the VHF and UHF
spectrum by requiring all VHF and UHF Public Safety and industrial /Business
land mobile radio (LMR) systems to migrate to at least 12.5 kHz efficiency
technology by January 1, 2013.
In October 2012, Dakota County will change all siren frequencies to the VHF narrow
band to comply with federal law. Compliance is required by January 1, 2013. All sirens
in the inventory will require modification or replacement.
The replacements and upgrades will make the siren fleet narrow band compatible and
the serve the city until approximately 2040 or beyond.
Siren Location Study
In preparation for the 2012 narrow band upgrade, the City of Lakeville and Federal
Warning Systems studied the placement of our sirens to verify they were in the correct
location for full coverage of the city. As a result of this study, several sirens will be
moved to better accommodate service and repair work.
SEE ATTACHED COVERAGE MAP
Electronic Monitoring
As a part of the siren upgrade and replacement program, the city has invested in a
computer based siren monitoring program. A computer program provides staff the
ability to monitor the status of sirens remotely. Nine new and three upgraded sirens will
be equipped with a two way radio system that enables staff to poll the siren to
determine if it is operational, (Seven sirens are currently equipped with equipment to
monitor the siren remotely.) Currently, staff members must be on site at the 21
locations to verify the sirens activate for the monthly test. The system can be checked
on a weekly basis instead of one day per month. This system will save 21 hours of staff
time per month and enable the city to check sirens more frequently.
Contract revisions.
Federal Signals original bid was $236,414. Staff is recommending the $24,851 of
change order deducts which result in a contract of $ 211,563. The deducts are as
follows:
Council Report
Page 3
A. Ardmor Manufactured Home Park. The specifications required replacement of
the existing siren at Ardmor with a siren to serve a larger geographic area. After
further evaluation, staff is recommending use of existing with modifications to
enable the narrow banding capability.
B. Eliminate two solar panels. The bids required installation of solar panels at Oak
Hills elementary, Dodd Boulevard /208`" Street and Cedar /167 A solar panel at
Oak Hills elementary is more cost effective than the cost of providing electrical
service. However, the cost of electrical service is more cost effective at the other
two locations.
The Contract therefore is $211,563.
Project Financing
This project has been planned for 3 years. Urban Area Security Initiative (UASI) grant
funds from Dakota County will supplement the cost of narrow banding and will provide
approximately $16,000 of the funding for this project. The Dakota County Domestic
Preparedness Committee (DPC), considered the county warning system as a priority
and voted to use funds to offset the cost of narrow banding to member cities thru the
use of the UASI grant received by the county. As a member city, Lakeville staff
participated in the narrow banding plan with the DCC.
Liquor operations profits will pay for the city portion of this project.
Project Financing
Budget Actual Variance
Sources of Revenues
Liquor Fund $ 247,498 $ 238,814 $ (8,684)
UASI grant $ $ 16,000 $ 16,000
Total $ 247,498 $ 254,814 $ 7,316
Uses - Expenditures
Contract $ 247,498 $ 211,563 $ (35,935)
Other previous expenditures $ $ 43,251 $ 43,251
Total expenditures $ 247,498 $ 254,814 $ 7,316
Count Report
Page 4
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AGREEMENT
THIS AGREEMENT made this 6th day of September, 2011, by and between the
CITY OF LAKEVILLE, a innesota municipal e. ,oration ('Owner" or "City ") and Federal
"Contractor'). Owner and Contractor, in
herein, agree as follows:
Signal Corporation, a
consideration of the mutual covenants set fo
1. CONTRACT DOCUMENTS. The following documents shall be referred to as
the "Contract Documents," all of which shall be taken together as a whole as the contract
between the parties as if they were set verbatim and in full herein:
A. This Agreement.
B. Request for Bids, Siren Warning System for the City of Lakeville,
Minnesota, dated June 15, 2011.
C. Contractor's Bid dated August 4, 2011.
11 Schedule A — revised contract services
In the event of a conflict among the provisions of the Contract Documents, the order in which
they are listed above shall control in resolving any such conflicts with Contract Document "A"
having the first priority and Contract Document "D" having the last priority.
2. OBLIGATIONS OF THE CONTRACTOR. The Contractor shall provide the
goods, services, and perform the work in accordance with the Contract Documents.
3. CONTRACT PRICE. Owner shall pay Contractor for completion of the Work,
in accordance with the Contract $211,563 inclusive of taxes, if any.
4. PAYMENT PROCEDURES.
A. Contractor shall submit Applications for Payment. Applications for
Payment will be processed by the Police Department.
B. Progress Payments; Retainage. Owner shall make 95% progress payments
on account of the Contract Price on the basis of Contractor's Applications
for Payment during performance of the Work.
C. Payments to Subcontractors.
(1)
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Prompt Payment to Subcontractors. Pursuant to Minn. Stat. §
471.25, Subd. 4a, the Contractor must pay any subcontractor
within ten (10) days of the Contractor's receipt of payment from
the City for undisputed services provided by the subcontractor.
The Contractor must pay interest of 11/2 percent per month or any
part of a month to the subcontractor on any undisputed amount not
paid on time to the subcontractor. The minimum monthly interest
penalty payment for an unpaid balance of $100.00 or more is
$10.00. For an unpaid balance of less than $100.00, the Contractor
shall pay the actual penalty due to the subcontractor.
(2) Form lC -134 (attached) required from general contractor. Minn.
Stat. § 290.92 requires that the City of Lakeville obtain a
Withholding Affidavit for Contractors, Form IC -I34, before
making final payments to Contractors. This form needs to be
submitted by the Contractor to the Minnesota Department of
Revenue for approval.
The form is used to receive certification from the state that the
vendor has complied with the requirement to withhold and remit
state withholding taxes for employee salaries paid.
D. Final Payment. Upon final completion of the Work, Owner shall pay the
remainder of the Contract Price.
5. COMPLETION DATE. The Work must be completed and ready for final
payment by April 1, 2012.
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6. CONTRACTOR'S REPRESENTATIONS.
A. Contractor has examined and carefully studied the Contract Documents
and other related data identified in the Contract 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.
C. Contractor is familiar with and is satisfied as to all federal, state, and local
laws and regulations that may affect cost, progress, and perfonnance of
the Work.
D. Contractor has carefully studied all: (1) 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 General Conditions, and (2) reports and
drawings of a Hazardous Environmental Condition, if any, at the Site.
E. Contractor has obtained and carefully studied (or assumes responsibility
for doing so) all additional or supplementary examinations, investigations,
explorations, tests, studies, and data concerning conditions (surface,
subsurface, and Underground Facilities) at or contiguous to the Site which
may affect cost, progress, or performance of the Work or which relate to
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any aspect of 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 Bidding Documents, and safety precautions and
programs incident thereto.
F. Contractor does not consider that any further examinations, investigations,
explorations, tests, studies, or data are necessary for the performance of
the Work at the Contract Price, within the Contract Tines, and in
accordance with the other terms and conditions of the Contract
Documents.
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 correlated the information known to Contractor,
information and observations obtained front 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.
I. The Contract Documents are generally sufficient to indicate and convey
understanding of all tenns and conditions for performance and furnishing
of the Work.
Subcontracts:
(1) Unless otherwise specified in the Contract Documents, the
Contractor shall, upon receipt of the executed Contract Documents,
submit in writing to the Owner the names of the Subcontractors
proposed for the work. Subcontractors may not be changed except
at the request or with the consent of the Owner.
(2) The Contractor is responsible to the Owner for the acts and
omissions of the Contractor's subcontractors, and of their direct
and indirect employees, to the same extent as the Contractor is
responsible for the acts and omissions of the Contractor's
employees.
(3) The Contract Documents shall not be construed as creating any
contractual relation between the Owner and any subcontractor.
(4) The Contractor shall bind every subcontractor by the terms of the
Contract Documents.
3
7. WARRANTY. The Contractor guarantees that all new equipment warranties as
specified within the quote shall be in full force and transferred to the City upon payment by the
City. The Contractor shall be held responsible for any and all defects in workmanship, materials,
and equipment which may develop in any part of the contracted service, and upon proper
notification by the City shall immediately replace, without cost to the City, any such faulty part
or parts and damage done by reason of the same in accordance with the bid specifications.
8. INDEMNITY. The Contractor agrees to indemnify and hold the City harmless
from any claim made by third parties as a result of the services performed by it. In addition, the
Contractor shall reimburse the City for any cost of reasonable attorney's fees it may incur as a
result of any such claims.
9. PERFORMANCE AND PAYMENT BONDS. Performance and Payment
Bonds, meeting the requirements of Minnesota Statutes § 574.26, each in the amount of the
Contract Price are required.
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10. MISCELLANEOUS.
A. Terns used in this Agreeanent have the meanings stated in the General
Conditions.
B. 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.
C. 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 provisions.
D. Data Practices/Records.
(1) All data created, collected, received, maintained or disseminated
for any purpose in the course of this Contract is governed by the
Minnesota Government Data Practices Act, Minn. Stat. Ch. 13, any
other applicable state statute, or any state rules adopted to
implement the act, as well as federal regulations on data privacy.
(2) All books, records, documents and accounting procedures and
practices to the Contractor and its subcontractors, if any, relative to
this Contract are subject to examination by the City.
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E. Software License. if the equipment provided by the Contractor pursuant
to this Contract contains software, including that which the manufacturer
may have embedded into the hardware as an integral part of the
equipment, the Contractor shall pay all software licensing fees. The
Contractor shall also pay for all software updating fees for a period of one
year following eutover. The Contractor shall have no obligation to pay for
such fees thereafter. Nothing in the software license or licensing
agreement shall obligate the City to pay any additional fees as a condition
for continuing to use the software.
F. Patented devices, materials and processes. lithe Contract requires, or the
Contractor desires, the use of any design, devise, material or process
covered by letters, patent or copyright, trademark or trade name, the
Contractor shall provide for such use by suitable legal agreement with the
patentee or owner and a copy of said agreement shall be filed with the
Owner. If no such agreement is made or filed as noted, the Contractor
shall indemnify and hold harmless the Owner from any and all claims for
infringement by reason of the use of any such patented designed, device,
material or process, or any trademark or trade name or copyright in
connection with the Project agreed to be performed under the Contract,
and shall indemnify and defend the Owner for any costs, liability,
expenses and attorney's fees that result from any such infringement.
G. Assignment. Neither party may assign, sublet, or transfer any interest or
obligation in this Contract without the prior written consent of the other
party, and then only upon such terms and conditions as both parties may
agree to and set forth in writing.
H. Waiver. In the particular event that either party shall at any time or times
waive any breach of this Contract by the other, such waiver shall not
constitute a waiver of any other or any succeeding breach of this Contract
by either party, whether of the sante or any other covenant, condition or
obligation.
Governing LawNenue. The laws of the State of Minnesota govern the
interpretation of this Contract. In the event of litigation, the exclusive
venue shall be in the District Court of the State of Minnesota for Dakota
County.
J. Severability. If any provision, term or condition of this Contract is found
to be or become unenforceable or invalid, it shall not effect the remaining
provisions, terns and conditions of this Contract, unless such invalid or
unenforceable provision, term or condition renders this Contract
impossible to perform. Such remaining terms and conditions of the
Contract shall continue in full force and effect and shall continue to
operate as the parties' entire contract.
5
AND
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K. Entire Agreement. This Contract represents the entire agreement of the
parties and is a final, complete and all inclusive statement of the terms
thereof, and supersedes and terminates any prior agreement(s),
understandings or written or verbal representations made between the
parties with respect thereto.
L. Pennits and Licenses; Rights -of -Way and Easements. The Contractor
shall give all notices necessary and incidental to the construction and
completion of the Project. The City will obtain all necessary rights -of-
way and easements. The Contractor shall not be entitled to any additional
compensation for any construction delay resulting from the City's not
timely obtaining rights -of -way or easements.
M. If the work is delayed or the sequencing of work is altered because of the
action or inaction of the Owner, the Contractor shall be allowed a tune
extension to complete the work but shall not be entitled to any other
compensation.
OWNER: CONTRACTOR:
CITY OF LAKEVILLE
Mark Bellows, Mayor
Charlene Friedges, City Clerk
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CITY OF LAKEVILLE
SUPPLElytENTAIRY CONDITIONS TO THE GENERAL CONDITIONS
The following supplements shall modify. change, delete from and /or add to the "Standard
General Conditions of the Construction Contract" (No. C -700, 2002 Edition), as prepared by the
Engineers' Joint Contract Documents Committee.
1.00 SECTION 2.7: Delete paragraph 2.01B and insert the following:
Before any work at the site is started, Contractor shall deliver to Owner certificates (and
other evidence of insurance requested by Owner) which Contractor is required to
purchase and maintain in accordance with paragraph 5.03B.
2.00 .SECTION 5.OIB: Delete.
3.00 SECTION 5 04• Delete.
6.00 SECTIONS 4.060, 5.05, 5,07, 11.01A5F, 11.03D, 12.035, 15.03.A3. 15.03A4:
Delete these eight (8) sections.
7.00 SECTION 5.09:
Delete Section 5.09 and insert the following:
If Owner has any objection to the coverage afforded by or other provisions of the
insurance required to be purchased and maintained by Contractor on the basis of its not
complying with the Contract Documents, Owner shall notify Contractor in writing
thereof within ten days of the date of delivery of such certificates to Owner in accordance
with paragraph 2.01. Contractor shall provide such additional information in respect of
insurance provided as may reasonably be requested.
8.00 SECTION 13.07: One Year Correction Period
Change first sentence of Section I3.07A to read as follows:
If, within one year after the date of final payment and acceptance by the City of
Lakeville, any work is found to be defective, the Contractor should promptly, without
cost to the Owner and in accordance with the City Park and Recreation Director's written
instructions, either correct such defective work or if it has been rejected by the Park and
Recreation Director, remove it from the site and replace it with non - defective work.
9.00 PROMPT PAYMENT TO SUBCONTRACTORS: Pursuant to Minnesota Statute
471.25, Subdivision 4a, the Contractor must pay any subcontractor within ten (10) days
of the Contractor's receipt of payment from the City for undisputed services provided by
SC -7
the subcontractor. The Contractor must pay interest of one and one -half percent (11/2 %)
per month or any part of a month to the subcontractor on any undisputed amount not paid
on time to the subcontractor. The minimum monthly interest penalty payment for an
unpaid balance of$100.00 or more is 510.00. For an unpaid balance of less than
$100.00, the Contractor shall pay the actual penalty due to the subcontractor. A
subcontractor who prevails in a civil action to collect interest penalties from the
Contractor shall be awarded its costs and disbursements, including attorney's fees,
incurred in bringing the action.
10.00 REOUIREMENTS FOR FINAL PAYMENT: Final payment will not be made until the
Contractor, and all subcontractors, furnish a certificate showing that they have complied
with the provisions of M.S.A. 290.92 and 290.97 concerning the withholding of
Minnesota income tax on wages at the source. Said certificates shall be obtained by the
Commissioner of Taxation. 1C -134 fonts for certifications may be obtained from the
Department of Revenue, Centennial Building, 658 Cedar Street, St. Paul, MN 55155.
11.00 DATA PRACTICES ACT The Contractor must comply with the Minnesota
Government Data Practices Act, Minnesota Statutes Chapter 13, as it applies to (1) all
data provided by the Owner pursuant to this Agreement, and (2) all data, created,
collected, received, stored, used, maintained, or disseminated by the Contractor pursuant
to this Agreement. The Contractor is subject to all the provisions of the Minnesota
Government Data Practices Act, including but not limited to the civil remedies of
Minnesota Statutes Section 13.08, as if it were a government entity. In the event the
Contractor receives a request to release data, the Contractor must immediately notify the
Owner. The Owner will give the Contractor instructions concerning the release of the
data to the requesting party before the data is released. Contractor agrees to defend,
indemnify, and hold the Owner, its officials, officers, agents, employees, and volunteers
harmless from any claims resulting from Contractors officers', agents', owners',
partners', employees', volunteers', assignees' or subcontractors' unlawful disclosure
and/or use of protected data. The terms of this paragraph shall survive the cancellation or
termination of this Agreement.
12.00 SECTION 14,02A3: Delete Section 14.02A3 and insert the following:
The amount of retainage with respect to all progress payments will be as follows:
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Minnesota Contractor's
Exempt Non - Minnesota Contractors
Non - Except Non- Minnesota Contractors
*State Surety Deposit
Non - Minnesota Contractors are advised to file Fonn SD -3 with the Minnesota
Departtnent of Revenue to determine their exemption status.
SC -8
5%
5 %
5 %+ 8 %u — 13 %