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ITEM 3.6 Approve Facilities HVAC service agreement0 t�ce o MINNESOTA V DEPARTMENT INFORMATION Request for City Council Action ORIGINATING DEPARTMENT: REQUESTOR: MEETING DATE: Public Works Brad Belair March 11, 2013 PRESENTER(s): REVIEWED BY: ITEM #: Consent Agenda 3.6 AGENDA ITEM DETAILS RECOMMENDATION: Staff recommends the approval of a service agreement with Northland Refrigeration and Power Inc. to provide HVAC service and preventative maintenance to City facilities. ARE YOU SEEKING APPROVAL OF A CONTRACT? IS A PUBLIC HEARING REQUIRED? yes No BACKGROUNDIJUSTIFICATION: The City currently contracts for the service and preventative maintenance of the HVAC systems at Prairie Center, City Half, and the waste water facilities with Yale Mechanical. Because of the recent change of use for Prairie Center and City Hall, staff recommended a modification to the service level and requested proposals. The Public Works Sub -Committee reviewed proposals from Trane Building Services, McDowell Company, and NRP (Northland Refrigeration and Power Inc.) and recommend entering into a services agreement with NRP for HVAC service and repair. Terry Wilson of NRP provided the low quote and also is familiar with our facilities as he was a subcontractor during construction of the Public Works Facility and also provided HVAC service for the City through 2007. SUPPORTING DOCUMENTS: X ATTACHED ❑NONE • Proposal from NRP • Services Agreement which was prepared by Finance Director Groen and reviewed by City Attorney MacArthur POSSIBLE MOTION ......... ............. Please word motion as you would like It to appear In the minutes. Motion to approve the services agreement as presented with Northland Refrigeration and Power Inc. for HVAC service and preventative maintenance. BUDGET INFORMATION FUNDING: BUDGETED: X YES General Fund for Facilities Contracted Services ❑ NO ACTION TAKEN ❑ APPROVED AS REQUESTED ❑ DENIED ❑ TABLED ❑ OTHER (LIST changes) COMMENTS: northland refrigeration NAVY Apw and power inc. 8660 East Beatrice Drive Clear take, MN 55313 (763) 482-2846 Name/Address City of Otsego 8899 NE Nashua Ave Otsego, MN 55330 attn. Brad Belair Estimate OTSEGO CITY HALL Preventative Maintenance on all HVAC equipment to include the following: *Make up air units *Infared heaters *hoof top units *Boilers and pumps NOTE: filters and belts provided by owner BID ON JOB (Cooling startup and checkout -May) 1 985.00 985.00 <BILLING IN MAY> BID ON JOB (Fall startup and checkout -October) 1 985.00 985.00 <BILLING IN OCTOBER> BID ON JOB test CO2/NO2 detectors at city hall for 6 135.00 810.00 garage exhaust) <BILLING IN OCTOBER> BID ON JOB (Midseason operational check -August) 1 505.00 505.00 <BILLING IN AUGUST> BID ON 108 (Midseason operational check -February) 1 505.00 505.00 <BILLING IN FEBRUARY> Total �� Page 1 northland refrigeration and power inc. 8660 East Beatrice Drive Clear Lake, MN 55319 (763) 482-2846 Name/Address City of Otsego 8899 NE Nashua Ave Otsego, MN 55330 attn. Brad Belair Page 2 City of Otsego 8899 NE Nashua Ave Otsego, MN 55330 attn. Brad Belair City of Otsego 8899 NE Nashua Ave Otsego, MN 55330 attn. Brad Belair City of Otsego 8899 NE Nashua Ave Otsego, MN 55330 attn. Brad Belair SH Inorthland refrigeration and power inc. 8660 East Beatrice Drive Clear Lake, MN 55399 (763) 482-2846 Name/Address City of Otsego 8899 NE Nashua Ave Otsego, MN 55330 attn. Brad Belair x �- CITY OF OTSEGO, MINNESOTA SERVICES CONTRACT AGREEMENT, made this 4th day of March, 2013, between the CITY OF OTSEGO, a political subdivision ("CITY") and Northland Refrigeration and Power Inc. ("CONTRACTOR"); RECI'T'ALS CITY has awarded to CONTRACTOR the job described below, Description of Project: The Contractor will provide preventative maintenance services on all HVAC equipment located at the 1) Otsego City Hall, 2) Prairie Center and, 3) Otsego East and West Waste Water Treatment Facilities beginning on April 1, 2013. The detailed description of services to be provided and related fees for the various services are described in the Contractor's proposal dated February 27, 2013 and referred to in those documents as estimate nos, 292 --- 295 and 299. The estimate nos. refereed to above are incorporated by reference and made a part of this contract, 1. Contract Performance, CONTRACTOR shall complete construction or performance of the PROJECT in accordance with the Request for Bids/Proposal hereto attached, which shall be a part of this agreement as is fully set forth. Contractor shall also provide the City with a certificate of insurance in an amount acceptable to City. 2. Compliance with Applicable Regulations. CONTRACTOR shall, pursuant to performance, comply with all applicable rules, regulations, statutes or ordinances of any other unit or agency of government, including but not limited to those relating to non-discrimination in hiring or labor practices, payment of all required withholding taxes, workers' compensation and unemployment compensation insurance, liability insurance, OSHA or other safety rules and regulations, construction practices, environmental practices, wetland protection measures, vehicular safety and/or weight restrictions, refuse disposal practices, and notices to employees, whether or not such rules, regulations, statutes or ordinances are set forth or adopted by reference in the Submission Requirements herein. Pursuant to Laws of Minnesota 1995, Chapter 31, if CONTRACTOR shall fail to pay any subcontractor lured by CONTRACTOR under this project within 10 days after CONTRACTOR receives payment from CITY for work for which CONTRACTOR is liable to any subcontractor, CONTRACTOR shall be liable to the subcontractor for interest on the unpaid balance, at the rate of 1.5 per cent per month. Any subcontractor aggrieved by CONTRACTOR`S failure to remit payment to the subcontractor shall, for the purpose of enforcement, be considered a third -party beneficiary of this contract. However, nothing in this contract shall be deemed to impose upon CITY any duty to monitor, enforce or otherwise become involved in payments from CONTRACTOR to any subcontractor. 3. Indemnification. CONTRACTOR shall fully indemnify and hold harmless CITY from any liability arising out of CONTRACTOR's failure to observe compliance with Paragraph 2 above or any other claim or cause of action arising frons CONTRACTOR'S performance under this agreement, specifically including, without limitation, liability arising out of the improper disposal or storage of any hazardous waste by CONTRACTOR or any entity hired or used by CONTRACTOR for such disposal. 4. Warranty of Workmanship and Timely Completion. In addition to any warranty which might be a part of the Plans and Specifications/Proposal, CONTRACTOR warrants that all work completed in connection with the PROJECT shall be done in a workmanlike and timely manner in accordance with applicable industry standards. Where materials are being furnished by CONTRACTOR, CONTRACTOR warrants that all materials will be of good quality and suited for the purpose for which they are intended. 5. Compliance with Statutory Requirements A. Data Practices Compliance: Contractor will have access to data collected or maintained by the City to the extent necessary to perform Contractor's obligations under this contract. Contractor agrees to maintain all data obtained from the City in the same manner as the City is required under the Minnesota Government Data Practices Act, Minnesota Statutes Chapter 13. Contractor will not release or disclose the contents of data classified as not public to any person except at the written direction of the City. Contractor agrees to defend and indemnify the City from any claim, liability, damage or loss asserted against the City as a result of Contractor's failure to comply with the requirement of the Act or this contract. Upon termination of this contract, Contractor agrees to return data to the City, as requested by the City. B. Worker's Compensation Contractor shall, at the time of execution of this contract, firrnish evidence satisfactory to the City that Contractor maintains or is exempt from maintaining Worker's Compensation coverage, pursuant to Minnesota Statutes Chapter 176.182. C. Income Tax Withholding Prior to the time of final payment of any arnounts owing to Contractor under this agreement, Contractor shall furnish a copy of Form IC -134, certified by the Minnesota Department of Revenue, documenting that all withholding tax requirements have been observed by Contractor, if appropriate. D. Audit Pursuant to Minnesota Statutes Chapter 16C.05 (subd. 5), the books and records of Contractor which are relevant to the services being performed under this Contract shall be subject to inspection in accordance with said statute, for a period of six years from the date of final payment hereunder. 6. Performance and Payment Security (Cheek One) X Contractor is not required to post any performance and payment security as a condition of this Contract by reason of the fact that the contract amount is for less than $75,000.00, and City is not requiring performance security. Contractor is required to post performance and payment security acceptable to the City, even though the contract price is less than $75,000.00. Contractor is required to post performance and payment security because the contract price is more than $75,000.00. Mole: Regardless of ~which option above is checked, if performance and payment security is required, the security shall meet that standards outlined in .ilinnesota Statutes Chapter 574.26 7. Notices. Any notice which is or should be required to be given to CONTRACTOR shall be sufficient if addressed as follows, and deposited, postage prepaid, in the regular United States Mail. Notice shall be deemed to have been received on the third business day following the postmark; Northland Refrigeration and Power Inc. 8660 East Beatrice Drive Clear Lake, MN 55319 8. Termination and Payment The Contract will be automatically renewed on April 1 each year unless either party to the agreement provides a written notice of termination 30 days in advance of the contract renewal date. The contract may be terminated by CITY upon 7 days' notice in the event that CONTRACTOR fails to comply with the terms of this agreement or fails to timely complete maintenance as set forth in the schedules attached. In the event of said termination, CITY will be obligated to pay CONTRACTOR for services properly rendered prior to termination. The City shall remit to the Contractor the fees for services as quoted in the Contractor's proposal dated February 27, 2013 and referenced in the proposal as estimate nos. 292 -- 295 and 299. Full payment will be made assuming that Contractor• has filly complied with all of the terms of this agreement, completing the project in a timely and compliant manner IN WITNESS WHEREOF, the parties have executed this Agreement the date above written. CITY OF OTSEGO By Mayor By City Cleric CONTRACTOR in Its