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HomeMy WebLinkAbout05(I) - Resolution Approving Prior Lake Police Department Kitchen Remodel Report ITEM: 5I CITY COUNCIL AGENDA REPORT MEETING DATE: June 06, 2022 PREPARED BY: Steve Frazer, Chief of Police PRESENTED BY: Steve Frazer AGENDA ITEM: Prior Lake Police Department Kitchen Remodel GOAL AREA High-Value City Services OBJECTIVE: 3. Ensure sufficient resources and staffing to meet service demands. RECOMMENDED ACTION: Accept the lower of the two attached quotes to begin the upgrade and remodel of the kitchen area at the Prior Lake Police Department. BACKGROUND: The Prior Lake Police Department was constructed in 2006. A break room was included in the original building, but not a kitchen. With healthy lifestyle and eating practices being a big part of officer wellness, the new standard is to have a kitchen in police buildings to allow for more healthy choices for our staff that work 24 hours a day, 7 days a week. In 2020 we began the process of reviewing a remodel of the existing breakroom. This remodel enhances the breakroom by the installation of a fully functioning kitchen. Currently the breakroom has a refrigerator only. FINANCIAL IMPACT: This project was estimated in 2019 to be approximately $17,000. The remodel was included in the approved 2021 budget for that amount. Due to global supply chain issues and pandemic restriction the project was not completed in 2021. The money from the 2021 budget was carried forward by budget amendment into 2022. The two estimates in 2022 have come in over budget. The lower of the two estimates came in at $28,782. We recommend accepting this estimate. The $17,000 that was carried forward from 2021 will be rolled into 2022. The remaining $11,782 will be taken from 2021-year end savings in the police budget which were also carried forward into 2022. ALTERNATIVES: 1. Motion and second to approve a contract for the Prior Lake Police Department kitchen remodel as part of the consent agenda. 2. Motion and second to remove this item from the consent agenda for additional discussion. ATTACHMENTS: 1. Resolution - PLPD Kitchen Remodel 2. Remodeling Contract - Prior Lake PD 3. 20220520080201127_PD kitchen City of Prior Lake | 4646 Dakota Street SE | Prior Lake MN 55372 4646 Dakota Street SE Prior Lake, MN 55372 RESOLUTION 22- RESOLUTION APPROVING A CONTRACT FOR THE PRIOR LAKE POLICE DEPARTMENT KITCHEN IMPROVEMENTS Motion By: Second By: WHEREAS, the Prior Lake Police Department is a 24 hours per day /7 days per week Public Safety Department; and WHEREAS, the City of Prior Lake continues to support public safety as a key pillar of our community; and WHEREAS, this project will support our public safety employees through fostering healthy options for nutrition for all; and WHEREAS, funding for this project was originally programmed in 2021 and those have been carried forward into 2022 in combination with the Police Department budget savings from 2021 that were also carried forward into 2022. Funding is therefore available to cover the full cost of the improvements. NOW THEREFORE, BE IT HEREBY RESOLVED BY THE CITY COUNCIL OF PRIOR LAKE, MINNESOTA as follows: 1. The recitals set forth above are incorporated herein. 2. City staff is authorized to purchase supplies and services for a kitchen remodel at the PLPD in the amount of $28,782.00. The budget will be amended to reflect the supplies and capital outlay for this project (reclassification between accounts/net zero budget impact). 3. Funding for this project is in the 2022 PLPD police budget. Passed and adopted by the Prior Lake City Council this 6th day of June 2022. VOTE Briggs Thompson Burkart Braid Churchill Aye ☐ ☐ ☐ ☐ ☐ Nay ☐ ☐ ☐ ☐ ☐ Abstain ☐ ☐ ☐ ☐ ☐ Absent ☐ ☐ ☐ ☐ ☐ ______________________________ Jason Wedel, City Manager Page 1 of 5 Pebble Creek Custom Homes Initials ______ ______ BC691406 MAJOR HOME REMODELING CONSTRUCTION AGREEMENT Dated: May 3rd, 2022 1. Parties This Agreement is entered into by and between the following parties: Contractor: Pebble Creek Custom Homes LLC, a Minnesota limited liability company; and Customer: City of Prior Lake – Police Department Project Address: 4649 Dakota St SE, Prior Lake, MN 55372 2. Job Description & Project Cost The work to be performed under this agreement consists of the following: Remodel scope of work includes: - Install new laminate cabinets – per drawings - Install new appliances – per Warners’ Stellian proposal QTE-50530 - Add gas line for range, add vent for microwave - Add electrical for appliances The project cost of the remodel is $28,782.00 + change orders. 3. Payment Terms – The customer agrees to pay contractor 50% of project cost at contract signing & 50% of project cost plus change orders after completion. In exchange for the specified work, Customer agrees to pay Contractor as follows: Construction Deposit Amount – 50% of project cost: $14,391.00 at signing of contract. Final Payment: Balance of job cost, including change orders, is due upon completion. 4. Time of Performance The work specified in Clause 2 (Job Description) shall be completed in a timely matter. Time is of the essence. 5. License Status and Number Contractor shall comply with all state and local licensing and registration requirements for type of work involved. Contractor's state license or registration is for the following type of work and carries the following number: BC169406 6. Liability Waiver If contractor is injured in the course of performing the specific work, Customer shall be exempt from liability for those injuries to the fullest extent allowed by law. Page 2 of 5 Pebble Creek Custom Homes Initials ______ ______ BC691406 7. Permits and Approvals Contractor shall be responsible for determining which permits are necessary and for obtaining the permits. Contractor shall apply for all state and local permits necessary for performing the specific work. 8. Liens and Waivers of Lien To protect Customer against liens being filed by Contractor, subcontractors, and providers of materials, Contractor agrees to provide Customer with lien waivers, lien releases, or acknowledgment of full payment from each subcontractor and materials provider. 9. Insurance During construction, Contractor shall provide adequate insurance, and if applicable, worker's compensation insurance, with loss payable to Contractor until the date of completion. Customer shall maintain or adjust their property insurance in accordance to the remodeling project. 10. Materials All materials shall be new, in compliance with all applicable laws and codes, and shall be covered by a manufacturer's warranty if appropriate. Due to the site being a commercial space, appliances do not have a warranty – per Warners’ Stellian 11. Supervision of Work Customer agrees that the direction and supervision of the construction workers, including subcontractors, rests exclusively with the Contractor, and Customer agrees not to issue any instructions to, nor interfere with, any workers or subcontractors. 12. Subcontracting Customer shall not negotiate for additional work with the Contractor's subcontractors, nor engage other contractors or subcontractors, except with Contractor's consent and in such a manner as will not interfere with Contractor's completion of work under this Contract. If Customer, at the sole discretion of the Contractor, is allowed to perform or subcontract any of the work, Customer shall perform the work in such a manner and within the dates established by Contractor. Any work provided by or subcontracted for by the Customer shall not be covered by Contractor's warranties, and Customer shall provide all necessary worker's compensation and liability insurance for any such workers. If Customer obtains Contractor's consent to provide work or materials for construction but fails to complete the work in a timely fashion, Contractor shall have the right to complete the work and add the reasonable costs of its labor and materials to the Contract Price. Further, the Customer hereby agrees to indemnify, hold harmless and defend the Contractor from any and all liability and injury caused by the Customer or its contractors, and to pay the cost of all liability, injury or damage (whether to person or property) caused by Customer or contractors acting at Customer's request. 13. Change Order All Change Orders shall reflect the cost of changes +/- 30% markup. All costs of changes are generated by the Contractor shall be identified on a Change Order but said costs can be agreed to by the customers by the use of emails and/or text messages. Page 3 of 5 Pebble Creek Custom Homes Initials ______ ______ BC691406 If events beyond the control of the parties reasonable require adjustments to this contract, the parties shall make a good faith attempt to agree on all necessary particulars. Such agreements shall be put in writing, signed by the parties and added to this contract. Failure to reach agreement shall be deemed a dispute to be resolved as agreed in Clause 16. 14. What Constitutes Completion Project shall be considered complete after scope of work per Section 2 is complete. 15. Limited Warranties A. Contractor shall construct and/or perform the construction in a good, workmanlike manner in compliance with building codes and industry standards free from material defect and in accordance with the ordinances and regulations of Prior Lake. B. In addition to the Statutory Warranties and any special warranties, the following Contractual Warranties shall apply: (i) Contractor represents and warrants to Customer that Contractor is licensed to perform construction work in Minnesota and Contractor has the financial and staffing capacity to complete the construction. Contractor warrants to Customer that all materials, fixtures and equipment will be new unless otherwise specified, of good quality, and free from material defects (as defined within Section 15(B)(ii) herein), and that all construction will be of good quality. (ii) Customer understands that millwork material, cabinets, and hardwood floors tend to move, shrink, and/or expand due to moister changes in climates and seasons. This may cause separation in joints to occur over time. (iv) Contractor will assign to Customer all available manufacturers’ warranties applicable to materials, fixtures or equipment installed by Contractor or by Contractor or by any subcontractor as a part of the Work. Contractor shall have no responsibility for any defective or non-conforming materials, fixtures or equipment covered by a manufacturers’ warranty. 16. Dispute Resolution If any dispute arises under the terms of this agreement, the parties agree to select a mutually agreeable neutral third party to help them mediate it. If the mediation is deemed unsuccessful, the parties agree that the dispute shall be decided by the applicable small claims court if the amount in dispute is within the court's jurisdiction, and otherwise by binding arbitration under the rules issued by the American Arbitration Association. The decision of the arbitrator shall be final. Any costs and fees (other than attorney fees) associated with mediation and arbitration shall be shared equally by the parties. Each party shall pay his or her own attorney fees. 17. Indemnification (Hold Harmless) Clause Contractor agrees to hold harmless and indemnify Customer for all damages, costs and attorney fees that arise out of harm caused to Contractor, subcontractors, and other third parties, known and unknown by Contractor's performance of the specified work, except as follows: _ Obtain adequate business liability insurance that will cover Job and any injuries to subcontractors or employees. Page 4 of 5 Pebble Creek Custom Homes Initials ______ ______ BC691406 18. Site Maintenance Contractor agrees to be bound by the following conditions when performing the specified work: Contractor shall perform the specified work between the following hours: 7am – 7pm, or site office hours. At the end of each day's work, Contractor's equipment shall be stored in the following location: In the work site area. 19. Radon; Electromagnetic Field; Other Environmental Conditions Contractor does not have expertise or special information about radon or formaldehyde, the measurement or reduction of radon or formaldehyde, electromagnetic fields, the detection of electromagnetic fields, acceptable levels or possible health hazards associated with radon, formaldehyde or electromagnetic fields, or any other environmental condition or hazard (collectively, “Environmental Conditions”). Contractor makes no warranty or representation of any kind, express or implied, regarding: (i) the presence or absence of radon or formaldehyde; (ii) the effectiveness of any architectural or engineering activities for reducing the presence of radon or formaldehyde; (iii) the presence or absence of electromagnetic fields; (iv) the proximity or level of any electromagnetic field on the Property; or (v) the presence or absence of any other Environmental Condition. There have been NO Radon tests done to the property. 20. Formaldehyde Disclosure Minnesota law requires that the following warning be provided in the sale of the buildings or building products containing Urea Formaldehyde: IMPORTANT HEALTH NOTICE: SOME OF THE BUILDING MATERIALS USED IN THIS HOME (OR THESE BUILDING MATERIALS) EMIT FORMALDEHYDE. EYE, NOSE AND THROAT IRRITATION, HEADACHE, NAUSEA AND A VARIETY OF ASTHMA-LIKE SYMPTOMS, INCLUDING SHORTNESS OF BREATH, HAVE BEEN REPORTED AS A RESULT OF FORMALDEHYDE EXPOSURE. ELDERLY PERSONS AND YOUNG CHILDREN, AS WELL AS ANYONE WITH A HISTORY OF ASTHMA, ALLERGIES, OR LUNG PROBLEMS, MAY BE AT GREATER RISK. RESEARCH IS CONTINUING ON THE POSSIBLE LONG-TERM EFFECTS OF EXPOSURE TO FORMALDEHYDE. REDUCED VENTILATION MAY ALLOW FORMALDEHYDE AND OTHER CONTAMINANTS TO ACCUMULATE IN THE INDOOR AIR. IDGH INDOOR TEMPERATURES AND HUMIDITY RAISE FORMALDEHYDE LEVELS. WHEN A HOME IS TO BE LOCATED IN AREAS SUBJECT TO EXTREME SUMMER TEMPERATURES, AN AIR CONDITIONING SYSTEM CAN BE USED TO CONTROL INDOOR TEMPERATURE LEVELS. OTHER MEANS OF CONTROLLED MECHANICAL VENTILATION CAN BE USED TO REDUCE LEVELS OF FORMALDEHYDE AND OTHER INDOOR AIR CONTAMINANTS. IF YOU HAVE ANY QUESTIONS REGARDING THE HEALTH EFFECTS OF FORMALDEHYDE, CONSULT YOUR DOCTOR OR LOCAL HEALTH DEPARTMENT. 21. Mold Disclosure Mold spores occurs naturally and is nearly everywhere. The presence of high levels of moisture is necessary to grow otherwise dormant mold spores Contractor perform work intended to minimize mold growth during construction. After construction, it is the responsibility of the Customer to maintain the property in a manner that controls the growth of mold. Customerh agrees that Contractor will not be responsible for the existence of mold in the property or for damage caused by mold, including adverse health effects, injury to persons, or damage to property, loss of use or loss of value, except to the extent directly caused by Contractor’s failure to conform to applicable building standards, and then only to the extent that Contractor does not correct any non-conformance with applicable building standards within thirty (30) Page 5 of 5 Pebble Creek Custom Homes Initials ______ ______ BC691406 days of written notice from the Customer, or such longer period as may be reasonable under all of the facts and circumstances. Under no circumstances will Contractor be liable if the adverse effects of mold could have been controlled by Customer’s exercise of good mold management practices, or for incidental or consequential damages. Customer acknowledges that Contractor has not made, and hereby waives, any and all implied warranties relating to mold, including without limitation, the implied warranty of habitability and the implied warranty of fitness for a particular purpose. Customer waives all claims against Contractor arising because of the existence of mold. 23. Additional Agreements and Amendment: All agreements between Customer and Contractor related to the specified work are incorporated in this contract. Any modification to the contract shall be in writing. Customer: Jake Thiesen Signature: ________________________________________________ Date: 5-3-22 Customer Address: 4649 Dakota Street SE, Prior Lake, MN 55372 Contractor: PEBBLE CREEK CUSTOM HOMES, LLC Signature: ________________________________________________ Date: 5-3-22 By: Jerik Brumm Title: Managing Partner Address: 8774 Egan Drive, Savage, MN 55378 PEBBLE CREEK CUSTOM HOMES LLC