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HomeMy WebLinkAbout3I - Civil Defense Sirens Bid Award CONSENT AGENDA: PREPARED BY: SUBJECT: DATE: INTRODUCTION: BACKGROUND: CENSUS '90 . 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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IL o Z o ~ o o .J 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 '. I I I , I I I I 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 , , , t , , I I I , r I 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. ,. ~ , , , , I I I I I 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. all - ~ , I I I I I I r I 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 I I I J I , 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: