ITEM 3.7 Water Tower #24_0
OtseFzo
MINNESOTA C7
DEPARTMENT INFORMATION
Request for
City Council Action
ORIGINATING DEPARTMENT
REQUESTOR:
MEETING DATE:
Utilities
Utility Manager Neidermeier
October 28, 2019
PRESENTER(s)
REVIEWED BY:
ITEM #:
Utility Manager Neidermeier
, City Administrator/Finance Director Flaherty
3.7
STRATEGIC VISION
MEETS:
I THE CITY OF OTSEGO:
Reconditioning.
Is a strong organization that is committed to leading the community through innovative
communication.
X
Has proactively expanded infrastructure to responsibly provide core services.
No
Is committed to delivery of quality emergency service responsive to community needs and
expectations in a cost-effective manner.
Water Tower 2 serves the West Public Water System providing 1,000,000 gallons of water storage and fire
Is a social community with diverse housing, service options, and employment opportunities.
expectancies for towers built during this timeframe. Inspections conducted in 2015 and 2019 forecasted
Is a distinctive, connected community known for its beauty and natural surroundings.
AGENDA ITEM DETAILS
RECOMMENDATION:
City staff and KLM Engineering provide recommendation to accept bids and for award of Water Tower 2
Reconditioning.
ARE YOU SEEKING APPROVAL OF A CONTRACT?
IS A PUBLIC HEARING REQUIRED?
Yes
No
BACKGROUND/J USTI FICATION:
Water Tower 2 serves the West Public Water System providing 1,000,000 gallons of water storage and fire
protection needs. The tower has been in service since 2003 meeting interior and exterior coating life
expectancies for towers built during this timeframe. Inspections conducted in 2015 and 2019 forecasted
recoating needs in 2020. The Utility Capital Improvement Plan identifies $1,345,000.00 for the project,
including repairs, painting, engineering and inspections.
A project bid package was prepared by KLM Engineering which offered two scheduling options; Schedule 1:
a single 2020 construction timeline of 98 calendar days (April 1- July 8) or Schedule 2: a 2020 interior
coating project (April 1- May 20) and a 2021 exterior coating project (May 3 -June 21), each 49 calendar
days.
Bid were opened on Tuesday, October 15 as follows:
Contractor Schedule I Schedule 2
Osseo Construction $1,509,100 $1,809,100
Classic Protective Coatings $1,264,958 $1,282,458
Worldwide Industries $1,355,520 $1,355,520
Viking Painting $951,500 $971,500
TM I Coatings $1,513,000 $1,608,000
KLM Engineering Fee Summary
Design Services $12,000 (2019)
Construction Management $9,520 (2020)
Construction Observation $94,620 (2020)
Warranty Inspection $3,200 (2022)
KLM Engineering has reviewed contractors and bids providing recommendation of low bidder, Viking
Painting LLC. City staff has reviewed schedules and bids recommending Schedule 1, meaning project
completion is expected by July 8, 2020 and accepts KLM recommendation of contractor.
Highlights of the project include logo update, submersible tank mixer, instrumentation base hut, OSHA
compliant roof handrail and cable style climbing attachment and LED airplane light. Coating expectancy
with current practices provides a 20+ year life.
SUPPORTING DOCUMENTS ATTACHED:
• KLM Letter - Bid Evaluation, Recommendation & Project Schedule
• Resolution 2019-60
• Contract Documents - DRAFT
POSSIBLE MOTION
PLEASE WORD MOTION AS YOU WOULD LIKE IT TO APPEAR IN THE MINUTES:
Motion to Approve Resolution 2019-60 Accepting Bids and Awarding Contract for Water Tower 2
Reconditioning to Viking Painting, LLC for the base bid amount of $951,500.00.
BUDGET INFORMATION
FUNDING: BUDGETED:
601— Water Utility Fund Yes
October 18, 2019
Mr. Kurt Neidermeier
Utility Manager
City of Otsego, MN
13400 90th Street NE
Otsego, MN 55330
1976 Wooddale Drive, Suite 4 1 Woodbury, MN 55125
Phone (651) 773-5111 Fax (651) 773-5222
by Email Only:
RE: Bid evaluation for Cleaning, Repairing, and Painting of the 1,000,000 -Gallon Elevated
Reservoir (Tower Number Two) in the City of Otsego, MN. KLM Project No. MN3289. City
Project No. 20-01.
Dear Mr. Neidermeier,
The bid opening was held on Tuesday, October 15, 2019 at 2:00 PM. The bids received were
as follows:
Schedule No. 1 - 2020 Schedule (April 1, 2020 through July 8, 2020)
Schedule No. 2 — Two Phases: 2020 Structural Modifications and Interior Wet
Reconditioning (April 1, 2020 through May 20, 2020) and 2021 Interior Dry and Exterior
Reconditioning (April 1, 2020 through May 3, 2021)
In reviewing the submitted bid packets, we find the low bidder, Viking Painting LLC, has met the
bid submittal requirements to the satisfaction of KLM Engineering, Inc. and appears qualified to
perform the work outlined in either Schedule No. 1 or No. 2. Discussing the two schedule
options with Viking Painting, their preference is to perform the work under Schedule No. 1,
completing the entire project in one season. They are fully aware of the City's strict completion
deadline and the consequences of not meeting it. Viking Painting has provided a more detailed
schedule showing how they intend to complete the project in the desired timeframe. The
schedule is attached for your reference.
I I P a g e
KLM Engineering recommends awarding Viking Painting LLC the Schedule No. 1 project for the
total base bid amount of $951,500.
Please feel free to contact me with any questions you may have regarding the bidding of this
project.
Sincerely,
KLM Engineering, Inc.
Ben Feldman, P.E.
Project Engineer
MN License No. 49598
Attachment: Viking Painting LLC Project Schedule
2 1 P a g e
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�Y
CITY OF OTSEGO
COUNTY OF WRIGHT
STATE OF MINNESOTA
RESOLUTION NO. 2019-60
ACCEPTING BID AND AWARDING CONTRACT
WHEREAS, pursuant to an advertisement for bids for City of Otsego Improvement
Project No. 601-2020-01, Water Tower 2 Reconditioning bids were received, opened and
tabulated according to law, and the following bids were received complying with the
advertisement:
Total Base Bid Schedule 1 Schedule 2
1. Osseo Construction Co. LLC
$1,509,100.00
$1,809,100.00
2. Classic Protective Coatings Inc.
$1,264,958.00
$1,282,458.00
3. Worldwide Industries
$1,355,520.00
$1,355,520.00
4. Viking Painting LLC
$951,500.00
$971,500.00
5. TMI Coatings
$1,513,000.00
$1,608,000.00
AND WHEREAS, Viking Painting LLC is the lowest responsible bidder,
NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF OTSEGO
MINNESOTA:
1. The Mayor and City Clerk are hereby authorized and directed to enter into a
contract with Viking Painting LLC in the name of the City of Otsego Water Tower 2
Reconditioning, Improvement Project No. 601-2020-01, according to the specifications therefore
approved by the city council and on file in the office of the City Cleric.
2. The City Clerk is hereby authorized and directed to return forthwith to all bidders
the bid bond made with their bids, except that the bid bond of the successful bidder and the next
lowest bidder shall be retained until a contract has been signed.
Adopted by the city council this 28th day of October, 2019.
Motioned By:
Seconded By:
All in Favor:
Those Opposed:
Jessica Stockamp, Mayor
Tami Loff, Clerk
CONTRACT DOCUMENTS
TABLE OF CONTENTS
ARTICLE 1—FORM OFAGREEMENT .........
ARTICLE 2—PERFORMANCE BOND ...................
ARTICLE 3—LABOR AND MATERIAL PAYMENT BOND ...........
Copyright 2019 by KLM Engineering, Inc.
CONTRACT DOCUMENTS
ARTICLE 1 — FORM OF AGREEMENT
THIS AGREEMENT, made and signed this day of , 2019 by and between the City
of Otsego, Minnesota hereinafter called the Owner, and Viking Painting, LLC hereinafter called the
"Contractor."
THIS AGREEMENT WITNESSETH, that the Owner and the Contractor, for the consideration hereinafter
stated, agreed as follows:
Article 1.1 — The Contractor hereby covenants and agrees to perform and execute all the provisions of the
plans and specifications as prepared by KLM Engineering, Inc., of Woodbury, Minnesota, and indicated
below under Article 1.4, as provided by the Owner for Cleaning, Repairing, and Painting Tower No. 2,
1,000,000 Gallon water tower and to do everything required by this Agreement and the Contract
Documents.
Article 1.2 — The Contractor agrees that the work contemplated by KLM Project Number MN3289; Owner's
Project Number 20-01 shall be started:
Proposal No. 1: Start on or before April 1, 2020 and be completed by July 8, 2020 (98 calendar
days), otherwise the liquidated damages will be deducted as specified in the specifications.
Article 1.3 — The Owner agrees to pay and the Contractor agrees to receive and accept payment in
accordance with the priced bid for the unit of lump sum items set forth in the Proposal Form and
Specifications as prepared by the Engineer, and indicated below under Article IV as approved by the Owner
for conformed copy of the Proposal Form hereto attached, which prices shall conform to those in the
accepted Contractors proposal on file in the office of KLM Engineering, Inc. the aggregate of which
prices, based on the approximate schedule of quantities, is estimated to be $ 951.500.00
Monthly and final payments shall be made as provided for in the Project Requirements Section of the Project
Specifications.
Article 1.4 — The Contract Documents shall consist of the following component parts:
A. Notice of Hearing and Lettering
B. Instructions to Bidders
C. Proposal
D. Bid Bond
E. General Conditions
F. Supplemental Conditions
G. Project Requirements
H. Contract Documents
I. Technical Specifications
J. Performance and Payment Bonds
K. This Agreement
L. Numbered Addenda Issued to the
Foregoing
This agreement, together with the documents herein above mentioned, form the contract, and all
documents are as fully a part of the contract as if attached hereto or herein repeated. In Witness Whereof,
the parties to this agreement have hereunto set their hands and seals as of the day and year first above
written.
Vikinq Painting, LLC
Owner Contractor
(SEAL) By
By
Title
Title
In Presence of:
Attest:
CERTIFICATE OF ACKNOWLEDGMENT
State of Minnesota
By _
Title
By _
Title
Copyright 2019 by KLM Engineering, Inc.
Page 2
CONTRACT DOCUMENTS
) SS.
County of Wright )
On this day of , 2019, before me personally appeared
, to me personally known, being by me duly sworn, did say that they
are the Mayor of the City of Otsego, that the seal affixed to the foregoing instrument is the seal of said City
of Otsego, and that said instrument was executed on behalf of the City of Otsego by authority of its City
Council, and said Mayor acknowledged the instrument to be the free act and deed of said City of Otsego.
(Notary Seal)
Notary Public
CERTIFICATE OF ACKNOWLEDGMENT
(For use where Contractor is individual or partnership)
State of Nebraska )
) SS.
County of Douglas )
On this day of , 2019, before me personally appeared
, to me known to be the person described in and who executed
the foregoing instrument and acknowledged that he/she executed the same as his/her free act and deed of
the individual or of the partnership.
(Notary Seal)
Notary Public
CERTIFICATE OF ACKNOWLEDGMENT
(For use where Contractor is a corporation)
State of Nebraska )
) SS.
County of Douglas )
On this day of 2019, before me appeared
and , to me personally
known, who being by me duly sworn, each did say that they are respectively the
and of
Viking Painting, LLC that the seal affixed to the foregoing instrument is the corporate
seal of said corporation, and that said instrument was executed in behalf of the corporation by authority of
its Board of Directors and said and
acknowledged the instrument to be the free act and deed
of the corporation.
(Notary Seal)
=ori
Notary Public
Copyright 2019 by KLM Engineering, Inc.
Page 3
CONTRACT DOCUMENTS
ARTICLE 2 — PERFORMANCE BOND
KNOW ALL PERSONS BY THESE PRESENTS: That Viking Painting, LLC
as Principal (hereinafter called Contractor) and, Hudson Insurance Company
as Surety (hereinafter called Surety) are held and firmly bound unto the City of Otsego
as Owner (hereinafter called Owner) in the amount of nine hundred fifty-one thousand five hundred
dollars dollars ($ 951,500.00 ),for the payment whereof Contractor and Surety bind themselves, their
heirs, executors, administrators, successors, and assigns, jointly and severally, firmly by these presents.
WHEREAS, Contractor has by written agreement dated , 2019, entered into a
contract with the Owner for construction of Cleaning, Repairing, and Painting Tower No. 2, 1,000,000 -gallon
elevated water tower in accordance with Plans and Specifications prepared by
KLM Engineering, Inc., which contract is by reference made a part hereof, and is hereinafter referred to as
the Contract.
NOW, THEREFORE, THE CONDITION OF THIS OBLIGATION is such that, if Contractor shall promptly
and faithfully perform said Contract in conformance with the Contract Documents, and all guaranty,
indemnity, and warranty obligations specified therein, and shall promptly and faithfully remedy and breach
of its obligation under the Contract Documents discovered within the time limits set by statue for
commencement of actions, and shall pay any damages for unexcused late completion, then this obligation
shall be null and void; otherwise it shall remain in full force and effect.
The Surety hereby waives notice of any alteration, changes or extension of time made by the Owner.
Whenever the Contractor shall be, and declared by the Owner to be in default under the Contractor, the
Surety may promptly remedy the default, or shall promptly:
A. Complete the Contract in accordance with its terms and conditions, or if appropriate,
B. Obtain a bid or bids for completing the Contract in accordance with its terms and conditions,
and upon determination by the Owner and the Surety jointly of the lowest responsible bidder,
arrange for contract between such bidder and Surety, and make available as work progresses
(even though there shall be a default or succession of defaults under the contract or contracts
of completion arranged under this paragraph) sufficient funds to pay the cost of completion
and other costs and damages for which the Surety may be liable hereunder, but not exceeding
the amount set forth in the first paragraph hereof less the balance of the contract price. The
term "Balance of the contract price," as used in this paragraph shall mean the total amount
payable by the Owner to Contractor under the Contract and any amendments thereto, less
the amount paid by the Owner to Contractor, or if appropriate,
C. Promptly pay such sums to the Owner as the Owner may be entitled from the Contractor under
the Contract Documents, or for breach thereof, but not exceeding the amount set forth in the
first paragraph hereof.
The Surety agrees to be bound by any award granted to the Owner against the Contractor in arbitration or
judicial proceedings commenced pursuant to the Contract Documents.
No right of action shall accrue on this bond to or for the use of any person or corporation other than the
Owner named herein or the successors of the Owner.
Copyright 2019 by KLM Engineering, Inc. Page 4
Signed and sealed this
Witness
Witness
Notary Public
(Notary Seal)
CONTRACT DOCUMENTS
day of 12019.
Viking Paintinq, LLC
Contractor
By
Signature
(Typed or printed name of signer)
Title
By
Signature
(Typed or printed name of signer)
Title
(If the Contractor is partnership or joint venture, all partners or co -ventures must execute this bond.)
Witness
Hudson Insurance Company
Surety
100 Williams St 5th FI. New York NY 1038
Address
Phone No.
By
Signature
(Typed or printed name of signer)
Title
(Local address & telephone no.)
(The attorney-in-fact shall attach hereto a copy of his/her power of attorney or other document
which authorized him/her to act on behalf of and to bind the surety.)
v ,,
Copyright 2019 by KLM Engineering, Inc.
Page 5
CONTRACT DOCUMENTS
CERTIFICATE OF ACKNOWLEDGMENT BY PRINCIPAL
(For use where Contractor is individual or partnership)
State of Nebraska )
) SS.
County of Douglas )
On this day of , 2019, before me personally appeared
, to me known to be the person described in and who executed
the foregoing bond and acknowledged that he/she executed the same as his/her free act and deed of the
individual or of the partnership.
Notary Public
(Notary Seal)
CERTIFICATE OF ACKNOWLEDGMENT
(For use where Contractor is a corporation)
State of Nebraska )
) SS.
County of Douglas )
On this day of 2019, before me personally appeared
and , to me personally known who,
being by me duly sworn, did say that they are respectively the and
of Viking Painting, LLC that the seal affixed to the foregoing
instrument is the corporate seal of said corporation, and that said instrument was executed in behalf of the
corporation by authority of its Board of Directors, and said and
acknowledged the instrument to be the free act and deed of said
corporation.
(Notary Seal)
Notary Public
Hudson Insurance Company 100 William St. 5t" FI., New York NY 10038
Full Name of Surety Company Home Office Address
Name of Local Agency Address of Local Agency
If this bond is executed outside of the State of Minnesota, it must be countersigned on the Performance
Bond by a Minnesota resident agent of the Surety Company.
Name of Agent Affixing Countersignature
Address
MEMORANDUM: Affix here Power of Attorney and Acknowledgment of Corporate Surety.
Copyright 2019 by KLM Engineering, Inc.
Page 6
CONTRACT DOCUMENTS
ARTICLE 3 — LABOR AND MATERIAL PAYMENT BOND
KNOW ALL PERSONS BY THESE PRESENTS: That Viking Painting, LLC
as Principal (hereinafter called Contractor) and, Hudson Insurance Company
as Surety (hereinafter called Surety) are held and firmly bound unto the City of Otsego, MN.
as Owner (hereinafter called Owner) in the amount of nine hundred fifty-one thousand five hundred
dollars ($ 951,500.00 ), for the payment whereof Contractor and Surety bind themselves, their heirs,
executors, administrators, successors, and assigns, jointly and severally, firmly by these presents.
WHEREAS, Contractor has by written agreement dated , 2019, entered into a
contract with the Owner for construction of Cleaning, Repairing, and Painting Tower No. 2, 1,000,000 gallon
elevated water tower in accordance with Plans and Specifications prepared by KLM Engineering, Inc.,
which contract is by reference made a part hereof, and is hereinafter referred to as the Contract.
NOW, THEREFORE, THE CONDITION OF THIS OBLIGATION is such that, if Contractor shall promptly
make payment to all claimants as hereinafter defined, for all labor and material used or reasonably required
for use in the performance of the Contract and shall keep the Project free and clear of all liens as provided
in the Contract, then this obligation shall be void; otherwise it shall remain in full force and effect, subject,
however, to the following conditions:
A. Claimant is defined as one permitted by applicable law to file a Public Contractor's Bond claim
for labor, material, or both, used or reasonably required for use in the performance of the
Contract, labor and material being construed to include without limitation that part of water,
gas, power, light, heat, oil, gasoline, telephone service, rental of equipment, insurance
premiums, taxes, and any items for which a claim or lien may be filed against the Owner under
the applicable law.
B. The above-named Contractor and Surety hereby jointly and severally agree with the Owner
that every claimant as herein defined, who has not been paid in full may sue on this bond for
the use of such claimant, prosecute the suit to final judgment for such sums as may be justly
due claimant, and have execution thereon. The Owner shall not be liable for the payment of
any costs or expenses of any such suit.
C. No suit or action shall be commenced hereunder by any claimant:
1. Unless claimant shall have filed a public contractor bond claim in the form and within the
time provided under applicable law, or
2. After expiration of time for enforcement of a public Contractors bond claim by legal action.
D. The amount of this bond shall be reduced by and to the extent of any payment or payments
made in good faith hereunder.
E. The Contractor and Surety shall keep the Project free and clear of liens and shall promptly
remove any and all liens filed against the Project by claimants.
F. The Owner's right of action on this bond, or for the breach thereof, shall not be limited by the
conditions set forth in paragraphs 1 through 3 above.
Copyright 2019 by KLM Engineering, Inc.
Page 7
CONTRACT DOCUMENTS
Viking Painting LLC
Witness Contractor
By
Witness Signature
Notary Public
(Notary Seal)
(Typed or printed name of signer)
Title
By
Signature
(Typed or printed name of signer)
Title
(If the contractor is a partnership or joint venture, all partners or co -ventures must execute this
bond.)
Witness
Hudson Insurance Company
Surety
100 William St., 5'" FI., New York NY 10038
Address
Phone No.
By
Signature
(Typed or printed name of signer)
Title
(Local address & Telephone No)
(The attorney-in-fact shall attach hereto a copy of his/her power of attorney or other document
which authorizes him/her to act on behalf of and to bind the surety.)
v
Copyright 2019 by KLM Engineering, Inc.
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CONTRACT DOCUMENTS
CERTIFICATE OF ACKNOWLEDGMENT BY PRINCIPAL
(For use where Contractor is individual or partnership)
State of Nebraska )
) SS.
County of Douglas )
On this day of , 2019, before me personally appeared
, to me known to be the person described in and who executed
the foregoing bond and acknowledged that he/she executed the same as his/her free act and deed of the
individual or of the partnership.
Notary Public
(Notary Seal)
CERTIFICATE OF ACKNOWLEDGMENT
(For use where Contractor is a corporation)
State of Nebraska )
) SS.
County of Douglas )
On this day of 2019, before me personally appeared
and , to me personally known who,
being by me duly sworn, did say that they are respectively the and
, of Viking Industrial, LLC that the seal affixed to the foregoing
instrument is the corporate seal of said corporation, and that said instrument was executed in behalf of the
corporation by authority of its Board of Directors, and said and
acknowledged the instrument to be the free act and deed of said
corporation.
(Notary Seal)
Hudson Insurance Company
Full Name of Surety Company
Name of Local Agency
Notary Public
100 William St., 5h FI., New York NY 10038
Home Office Address
Address of Local Agency
If this bond is executed outside of the State of Minnesota, it must be countersigned on the Performance
Bond by a Minnesota resident agent of the Surety Company.
Name of Agent Affixing Countersignature
Address
MEMORANDUM: Affix here Power of Attorney and Acknowledgment of Corporate Surety.
PA2019\2019 Projects\Ostego MN3289 1MG Tower No. 2 REC\Specification\REV 2\11 Contracts Otsego MN3289.docx
Copyright 2019 by KLM Engineering, Inc.
Page 9