HomeMy WebLinkAbout3I - Civil Defense Sirens Bid Award
CONSENT AGENDA:
PREPARED BY:
SUBJECT:
DATE:
INTRODUCTION:
BACKGROUND:
CENSUS '90
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3 (i)
BRUCE LONEY, ASSISTANT CITY ENGINEER
CONSIDER APPROVAL OF BID AWARD FOR CIVIL
DEFENSE SIRENS
JANUARY 16, 1990
Bids were opened for Project 90-11 on January
4, 1990 at 10:00 AM. The Purpose of this item
is to accept or reject the bids received and
enter into a contract for the construction of
Project 90-11.
On December 4,
authorized the
acquisition of
1989, the City council
advertisement of bids for
three civil defense sirens.
Two bids were received on Thursday, January 4,
1990, with Federal Warning Systems submitting
the low bid of $36,484.00. The other bid was
received by Electric Systems of Anoka with a
bid of $38,680.00. The Engineer's estimate
for Project 90-11, not including electrical
power to the site, was $37,500.00. The
additional cost to provide power to the
sites, and other sundry expenses, is estimated
to be $2,500.00.
Project 90-11 consists of installing three new
sirens on public property on the west and
north sides of the lake. The locations were
based on the need for civil defense sirens in
areas of recent growth. The sites selected
were chosen because of the availability of
public property, the accessibility of
electrical power, and the local terrain.
Staff was directed by Council to investi9ate
relocating the siren proposed near Man1tou
Road. The low areas to the west and north
were considered unsuitable because the hei9'ht
of the siren in these areas may not be h1gh
enough for the main sound beam to go over the
houses that will be built near there. It is
critical to site the siren so as not to expose
4629 Dakota St. S.E., Prior Lake, Minnesota 55372 / Ph. (612) 447-4230 / Fax (612) 447-4245
DISCUSSION:
ALTERNATIVES:
RECOMMENDATION:
BUDGET IMPACT:
ACTION REQUIRED:
anyone to hazardous sound levels. The terrain
of the surrounding area suggests the better
location is the higher ground near Manitou
Road. Another primary benefit of locatin9 the
siren near Manitou Road is the accessib1lity
of electrical power.
A site which mar be an option is on higher
ground located 1n Rasberry Ridge Park adjacent
to undeveloped lots. The only drawback to
this site would be that power is approximately
800 feet away and the contractor may require
additional expense for construction. Staff
estimates the cost to install the siren at
this site would be an additional $2,500
5,000. Expenses for these costs would be
required from the contingency fund.
Establishing siren locations
subjective. However, staff believes
three locations recommended are
choices for the three needed.
can
that
the
be
the
best
The bids received were favorable and the low
bid was below the Engineer's estimate.
Federal Warning Systems has been installing
sirens for over 40 years and is a res~onsible
bidder. They have been very cooperat1ve and
appear willing to complete the project as
specified.
The following is a list of the alternatives:
1. Approve Resolution 90-03 awarding the
contract for Project No. 90-11 to Federal
Warning Systems. Locations of the sirens
would remain as proposed on the attached
map.
2.
Do not approve Resolution 90-03
specific reasons.
3. Table this item for specific reasons.
for
4. Pull this item from the consent agenda
and direct staff to relocate the siren
off Manitou road to Rasberry Ridge Park
and authorize staff to spend up to
$5000.00 from the contingency fund to
cover additional expenses. Subsequently
approve Resolution 90-03.
The recommendation is to accept the Bid and
award the contract to Federal warning Systems.
The financing of this project is through the
equipment acquisition fund.
Make a motion, as ~art of the Consent Agenda
to approve Reso1ut1on 90-03.
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LOCATION OF PROPOSED CIVIL DEFENSE SIREN
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RESOLUTION 90-03
RESOLUTION ACCEPTING BID OF
FEDERAL WARNING SYSTEMS FOR PROJECT 90-11
MOTIONED BY
SECONDED BY
WHEREAS, pursuant to an advertisement for bids
installation of three civil defense sirens,
received, opened, and tabulated according to
the following bids were received complying
advertisement:
for
bids
law,
with
the
were
and
the
CONTRACTORS
TOTAL BID
$36,484.00
$38,680.00
Federal Warning Systems
Electric Systems of Anoka
AND WHEREAS, it appears that Federal Warning Systems of
Rochester, Minnesota is the lowest respons1ble bidder.
NOW THEREFORE BE IT RESOLVED BY THE MAYOR AND CITY COUNCIL OF
PRIOR LAKE, MINNESOTA, that
The Mayor and City Manager are hereby authorized to
enter into the attached contract with Federal Warning
systems of Rochester, Minnesota in the name of the
C1ty of Prior Lake for the installation of three civil
defense sirens, according to the drawings and
specifications therefore approved by the City Council
and on file in the office of the City Manager.
Passed and adopted this 16 th day of January, 1990.
YES NO
Andren
Fitzgerald
Larson
Scott
White
Andren
Fitzgerald
Larson
Scott
White
David J. Unmacht
City Manager
City of Prior Lake
{Seal}
4629 Dakota 51. 5.E., Prior Lake, Minnesota 55372 / Ph. (612) 447-4230 / Fax (612) 447-4245
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DOCUMENT 00500
AGREEMENT
THIS AGREEMENT, made as of the 16th day of ~anuary
199~ by and between Federal Warn1ng Systems
(name of contractor, i.e., name
of corporation, partnership, all contracting individuals and
their business name), a Minnesota Corporation (name of
state where incorporated or formed and whether a corporation,
Minnesota general partnership, etc.), hereinafter called the
"Contractor", and the City of Prior Lake, a Minnesota municipal
corporation (hereinafter called the "Owner" and sometimes
referred to as the "City").
,
RECITALS
WHEREAS, Contractor has been selected br the Owner in
accordance with Minnesota law to provide materia s, equipment and
labor necessary for construction and completion of certain
improvements as set forth herein, and
WHEREAS, Contractor has agreed to perform its obligations,
covenants and undertakings as contained herein in consideration
for payment as contained herein,
NOW, THEREFORE, in consideration of the mutual promises,
covenants and conditions as hereinafter set forth, the parties
agree as fol1ows:
1. The Contractor agrees to provide all the materials,
equipment and labor necessary for the complete construction of
all the improvements, work and/or obligations of Contractor
(hereinafter referred to as "Work") as required by the drawings,
specifications, exhibits, conditions, covenants and agreements as
contained in the documents prepared by City of Prior Lake
for Project 90-11, collectively referred to as "Contract
Documents", and to do everything required by the Contract
Documents previously furnished to the Contractor by the Owner and
receipted for by the Contractor.
2. The Contractor agrees that the Work contemplated by the
Contract Documents shall be entirely completed on or before
~une 1 , 19~.
3. The Owner agrees to pay Contractor in current funds for
the performance of its obligations pursuant to the Contract
Documents the sum of thirty-six thousand, Four hundred, e1ghty-Four
Dollars ($36,484.00 ), SUE1ect to the additions and deductions
as provided for 1n the specifIcations to the Contract Documents
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and to make payments on account of the
provided for in said specifications,
stated:
Contract Documents as
except as hereinafter
4. The Contractor and the Owner agree that the Contract
Documents, including but not limited to the specifications,
drawings, standard general conditions, instructions to bidder,
supplementary conditions, special provisions, standard utility
specifications, if anI' and Contractor bids, and such other
provisions as conta ned in the Contract Documents, are
incorporated herein by reference and are a part of this Agreement
as if attached or repeated herein. With respect to the drawings
and specifications which are part of the Contract Documents, the
Contractor and OWner agree that the following shall constitute a
complete list of said drawings and specifications:
Specifications:
Drawings:
SpeciFications For City Project No. 90-11
as per Contract documents
Orawin~s For City Proiect No. 90-11 as per
Contract documents.
5. Prior to execution of this Agreement, the Contractor
shall furnish to the Owner for review by the Cit! Engineer and/or
City Attorney all bid bonds, performance bonds, etters of credit,
insurance certificates, ~vidence ot insurance in final fora, as
required by the Contract Documents. In addition, prior to
execution of this Agreement, the Contractor, if a partnership or
corporation, shall furnish to the City Engineer and/or City
Attorney such resolutions, opinions of counsel, or evidence of
authority required to ensure that the Contractor, upon its
execution of this Agreement, shall be fully bound by its terms.
6. Contractor Representations. Contractor represents and
warrants that neither the execution and delivery of this
Agreement, consummation of the transactions contemplated hereby,
nor the fulfillment of or a compliance with the terms and
conditions of this Agreement is prevented or limited by, or in
conflict with or will result in breach of, the terms, conditions
or provisions of any restriction of Contractor, or evidence of
indebtedness! agreement or instrument of whatever nature to which
Contractor s now party or by which it is bound or will
constitute a default under any of the foregoing. Contractor
further represents and warrants that Contractor will cooperate
with the OWner with respect to any litigation commenced with
respect to the Work contemplated herein. Contractor represents
and warrants that the Work will conform to all laws, regulations
and ordinances of all local, state and federal government
authorities.
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7. Non-Oiscrimination. The provisions of Minnesota
statutes, Section 181.59, and of Chapter 11, Title 1, of Prior
Lake City Code, which relate to civil rights and discrimination
and affirmative action shall be considered a part of this
Agreement as though wholly set forth herein, and Contractor
agrees to comply therewith. In addition, Contractor specifically
agrees:
a. That with respect to any and all businesses
conducted or acts performed pursuant to this
Agreement, Contractor shall be deemed an employer
within the meaning of Chapter 11 and shall be
subject to the provisions of Chapter 11.
b. That in the event Contractor fails to perform the
aforesaid contractual provisions of Chapter 11,
this Agreement may forthwith be terminated and
cancelled in whole or in part by Owner and
Contractor shall be liable for any costs or expense
incurred by Owner in Obtaining from other sources
the Work and services to be rendered or performed
or the goods or properties to be furnIshed or
delivered to Owner under this Agreement so
terminated or cancelled.
c. That should OWner in a proceeding brought as
provided in Chapter 11 find that Contractor has
engaged in discrimination in connection with this
Agreement and issue a cease and desist order with
respect thereto, OWner shall uphold up to 15' of
the said contract price, if applicable, until such
time as OWner's order has been complied with or
said other contracting party has been adjudicated
not quilty of such discrimination.
d. That Contractor will permit access to any and all
records pertaining to hiring and employment and to
other pertinent data and records for the purpose of
enabling OWner, its agencies or representatives, to
ascertain compliance with the provisions of Chapter
11 applicable to Contractor.
8.
That Chapter 11 shall be binding on
contractors, subcontractors, or suppliers.
AssiJnment. Contractor represents and agrees for
itse f, its successors and assigns that Contractor has
not made or created and that it will not make or create
or suffer to be made or created any total or partial
sale, assignment, conveyance or any trust or power to
transfer in any other mode or form of or with respect to
this Agreement or any part thereof or interest therein
or in Contractor without the prior written approval of
OWner.
e.
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9. General.
a.
The terms and provisions hereof shall be binding
upon and inure to the benefit of the heirs,
representatives, successors and assigns of the
parties hereto.
Whenever in this Agreement it shall be required or
permitted that notice or demand be given or served
by either party to this Agreement to or on the
other party, such notice shall be delivered
personally or mailed by United States mail to the
addresses hereinafter set forth by certified mail
(return receipt requested). Such notice or demand
shall be deemed timely given when delivered
personally or when deposited in the mail in
accordance with the above. The address of the
parties hereto are as follows, until changed by
notice given as above:
b.
If to the Owner:
City Engineer
4629 Dakota Street S.E.
Prior Lake, MH. 55372
Glenn R. Kessel, Esq.
Lommen, Nelson, Cole, & Stageberg, P.A.
1100 TCF Tower
Minneapolis, MN. 55402
With a copy to:
If to Contractor:
Federal Warning Systems
P.O. Box 428
Rochester. MN 55903-0428
With a copy to:
c. Except as otherwise provided in this Agreement, the
rights and remedies of the parties to this
Agreement, whether provided by law or by this
Agreement shall be cumulative, and the exercIse by
either party of anyone or more of such remedies
shall not preclude the exercise by it, at the same
or different times, of any other such remedies for
the same default or breach or of any of it.
remedies for any other default or breach or of any
of its remedies for any other default or breach by
the other party. No waiver made by either such
party with respect to the performance, or manner of
time thereof, or any obligation under this
Agreement shall be considered a waiver of any
rights of the party making the waiver with respect
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to the particular obligation ot the other party or
condition to its own obliqation beyond those
expressly waived in writing and to the extent
thereot, or a waiver in any respect in regard to
any other riqhts ot the party making the waiver ot
any other obligation ot the other party. Delay by
a party hereto in instituting or prosecuting any
cause of action or claim hereunder shall not be
deemed a waiver ot any riqhts hereunder.
This Agreement may be amended by the parties hereto
only by written instrument executed in accordance
with the same procedures and formality followed for
the execution of this Agreement.
This Agreement may be simultaneously executed in
several counterparts, each of which shall be an
original and allot which shall constitute one and
the same instrument.
IN WITNESS WHEREOF, Owner and Contractor have caused
this Agreement to be duly executed on the day and year
first above written.
d.
e.
Approved by
January
the City Council
, 19J!Q...
on
the ...!2..th day
ot
CITY OF PRIOR LAKE
By
Its Mayor
By
Its City Manager
CONTRACTOR:
By
Its
By
Its
Approved as to form: