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Mystique Community Ice Center: Rink Ice System Removal and Replacement Project - Award Public Improvement Construction ContractCopyrighted May 2, 2022 City of Dubuque Action Items # 06. City Council Meeting ITEM TITLE: Mystique Community Ice Center: Rink Ice System Removal and Replacement Project -Award Public Improvement Construction Contract SUMMARY: City Manager recommending City Council award the Public Improvement Construction Contract for the Mystique Ice Center Rink Ice System Removal and Replacement Project to Rink-Tec International, Inc., in the amount of $720,950.00 through adoption of the resolution. RESOLUTION Awarding Public Improvement Construction Contract for the Mystique Ice Center Rink Ice System Removal and Replacement Project SUGGESTED Suggested Disposition: Receive and File; Adopt Resolution(s) DISPOSITION: FIN ik[O]:ILyil21zIII l+] Description Type Award Mystique Community Ice Center Rink Ice City Manager Memo System-MVM Memo Staff Memo Staff Memo Resolution Resolutions THE C DUj!BQTE Masterpiece on the Mississippi TO: The Honorable Mayor and City Council Members FROM: Michael C. Van Milligen, City Manager SUBJECT: Mystique Community Ice Center Rink Ice System Removal and Replacement Project Award Public Improvement Construction Contract DATE: April 28, 2022 Dubuque WAWca 914 ii 2007-2012.2013 2017*2019 Assistant City Engineer Robert Schiesl is recommending City Council award the Public Improvement Construction Contract for the Mystique Ice Center Rink Ice System Removal and Replacement Project to Rink-Tec International, Inc., in the amount of $720,950.00 through adoption of the resolution. I concur with the recommendation and respectfully request Mayor and City Council approval. k�4 Mic ael C. Van Milligen MCVM:sv Attachment CC' Crenna Brumwell, City Attorney Cori Burbach, Assistant City Manager Gus Psihoyos, City Engineer Robert Schiesl, Assistant City Engineer THE CITF DUjB_ E Masterpiece on the Mississippi TO: Michael C. Van Milligen, City Manager Gus Psihoyos, City Engineer FROM: Robert Schiesl, Assistant City Engineer DATE: April 28, 2022 SUBJECT: Mystique Community Ice Center Rink Ice System Removal and Replacement Project Award Public Improvement Construction Contract INTRODUCTION Dubuque III -America M4 2007,2012.2013 2017*2019 The purpose of this memorandum is to provide the City Council with information related to the recommendation for awarding the Public Improvement Construction Contract for the Mystique Ice Center Rink Ice System Removal and Replacement Project. BACKGROUND The Mystique Community Ice Center was designed, developed, and built under a Development Agreement between and among DICE, the City, the Dubuque Racing Association (DRA), and Battlefield Dubuque, LLC which later transferred and assigned its interest to Northern Lights Hockey, LLC. The Agreement commenced October 30, 2009. The Center opened September 18, 2010. The building is owned by the City. The Ice Arena was constructed on property in close proximity to the Mississippi River, on less than favorable subsurface soil conditions. During the original design development for the Ice Center, the geotechnical soils report indicated substantial depths of loose fill sand and miscellaneous landfill materials discovered by the subsurface borings. The Ice Arena building structure was constructed on a deep foundation system, however the lower -level main floor was constructed as an unsupported slab -on -grade. Since initial construction, the foundation supported structure has displayed no signs of settlement or movement. However, the unsupported slab -on -grade lower level has developed significant differential settlement throughout the main floor. In November 2020, the City completed a full interior building scan of the Mystique Ice Center which indicated settlement in the range of zero to 4 plus inches throughout the main floor concrete slab. The differential settlement has caused operational issues with the ice rink, rotational movement of the stadium bleachers, movement in the unsupported interior CMU walls, and settlement of ice system mechanical equipment. In the spring and summer of 2021, additional ongoing settlement was observed. As a result, staff felt that it was important to limit and restrict occupancy the northeast portion of the facility while a ground penetrating radar (GPR) scan assessment of the lower -level main floor. The GPR scan results indicated that there were no major voids (greater the 1- foot or more) under the concrete floor slab. The GPR scan indicated possible voids up to 4" in various locations. Based on the increased frequency of additional observed settlement and the presence of minor voids under the main floor concrete slab, the City completed a Floor Slab Void Filling, Lifting and Leveling Project as an interim remediation options to slow down the floor slab settlement and allow for occupancy use until full remediation work can be performed. DISCUSSION Over the past 12 months, City staff has been evaluating foundation soil remediation alternatives and consulting with several design -build geotechnical contractors that specialize in low mobility, low head room clearance, interior finished building, non- destructive deep foundation stabilization applications. Many of the specialty contractors are proposing a combination of solutions to provide both long-term settlement control and improve support to the ice rink sheet and floor system. Remediation solutions included the installation of geopiers, micropiles, helical piles, deep compaction grout applications, deep injection polymers, polyurethane foam grouting and slab -jacking. The first phase of work will be the removal of the existing rink and ice system to allow for the installation of a deep foundation system under the rink area. Once the settlement and foundation system are completed, a new rink ice system will then be reinstalled on a foundation supported concrete slab. Due to the highly specialized and proprietary nature of ice rink systems, there are only a few ice rink design -build contractors in the United States, and none locally. Staff has worked with the original contractor that built and has been maintaining and servicing the existing ice rink to evaluate alternatives and to establish budgetary cost projections. Staff is currently soliciting bids for the Settlement Remediation Project, and the Ice Rink Concrete Subfloor Project. In accordance with the competitive quotation requirements of Iowa Code, Section 26.14, other phases of the project that will be informally bid during the month of April are as follows: • Remove and Replace Rink Dasher Boards • Remove and Replace Stadium Bleachers (1st, 2nd, 3rd Rows) • Move Furniture and Equipment • Excavate Arena Rink Subfloor Area • Remove and Replace Arena Sport Flooring • Facility Clean up BID RESULTS The City received sealed bids on April 21, 2022, for the Mystique Ice Center Rink Ice System Removal and Replacement Project. A summary of the bid proposals received is as follows: Contractor Name Total Bid Everything Ice, Inc. Non -Responsive Rink-Tec International, Inc. $ 720,950.00 Upon reviewing the bid proposals received, staff noticed that Everything Ice, Inc., from Johnstown, Pennsylvania, did not submit a complete set of Bid Proposal documents (Section 00400), did not submit a complete Bidder Status Form (Section 00460), and did not submit the required "Contractor Qualifications" either prior to the bid date or with their Bid Proposal submitted as specified per Special Provision, Section 01200. The Bid Proposal (Section 00400) documents that are to be submitted by the Bidder includes 5 pages. Everything Ice, Inc. only submitted pages 1 thru 3 and did include pages 4 or 5. Page No. 5 of the Bid Proposal is important because it includes the validation Signature line for the authorized representative of the Bidder. Section 200.9 of the Construction Documents Manual states the following: The Bidder Status Form (Section 00460) is required by the Iowa Labor Commissioner, pursuant to the Iowa Administrative Code rule 875-156.2(1). The Bidder must complete and submit the Bidder Status Form, signed by an authorized representative of the Bidder, with their Bid proposal. Under Iowa Administrative Code rule 875-156.2(1), failure to provide the Bidder Status Form with the Bid may result in the Bid being deemed non -responsive and may result in the Bid being rejected. Everything Ice, Inc. did not submit page no. 2 of the Bidder Status Form. The Special Provision, Section 01200 of the Construction Documents Manual states the following: CONTRACTOR QUALIFICATIONS: A. Rink Ice System Contractors must have at least: Ten (10) years' experience designing and installing refrigerated ice rink concrete floor systems. 2. A minimum of five (5) successful refrigerated ice rink concrete floor system projects of similar size and using proposed methods. Each project shall have been in service at least three (3) years. List the location, owner, and a contact for reference for each project. 3. The City will evaluate and verify the accuracy of the submittal prior to bid. If the City determines that the qualifying criteria have not been met, the Contractor's proposal may be rejected. The City's ruling shall be final. The "Contractor Qualifications" requirement was included to allow the City to review the bidder qualifications to ensure they had the necessary experience and qualifications to design and construct a refrigerated ice rink concrete floor system. Everything Ice, Inc. did not submit the required "Contractor Qualifications" either prior to the bid date or with their Bid Proposal submittal. Staff reviewed the Everything Ice, Inc. Bid Proposal submittal with City Attorney Crenna Brumwell, and Senior Council, Barry Lindahl. Based on the incomplete nature of the Bid Proposal submittal and the omission of the required "Contractor Qualifications" submittal, the City Attorney's Office is recommending that the Everything Ice, Inc. Bid Proposal be considered non -responsive and does not quality as a valid bid. Rink-Tec International, Inc., from Vadnais Heights, Minnesota, in fact, did submit a complete Bid Proposal along with submitting the required "Contractor Qualifications" prior to the bid date. RECOMMENDATION Based on the advice of the City Attorney, staff concurs with the recommendation to consider the Everything Ice, Inc. bid proposal as non -responsive, and recommend awarding the public improvement contract for the Mystique Ice Center Rink Ice System Removal and Replacement Project to Rink-Tec International, Inc., in the amount of $720,950.00. BUDGETIMPACT The estimate of probable cost for the Mystique Ice Center Rink Ice System Removal and Replacement Project is summarized in the following table: Description Cost Estimate Award Construction - Rink Ice System Remove & Replace $ 650,000.00 $ 720,950.00 Consultant Services 51,510.00 51,510.00 Engineering Dept. Services and Administration 20,000.00 20,000.00 Total Construction Cost Estimate $ 721,510.00 $ 792,460.00 The proposed project funding is summarized as follows: CIP No. Fund Description Fund Amount 3502890 Ice Center Settling Remediation (FY23) $ 4,600,000 Total Project Funding $ 4,600,000 REQUESTED ACTION I respectfully request that the City Council award the Public Improvement Construction Contract for the Mystique Ice Center Rink Ice System Removal and Replacement Project to Rink-Tec International, Inc., through adoption of the attached resolution. cc: Jenny Larson, Director of Finance and Budget Marie Ware, Leisure Services Manager Mike Shirl WHKS F:\PROJECTS\Mystique Community Ice Center\2022 Settlement Remediation Project\Rink Ice System Project\Award Prepared by Robert Schiesl City of Dubuque Engineering 50 W. 13' St. Dubuque IA 52001 (563)589-4270 Return to Adrienne N. Breitfelder City Clerk City of Dubuque, 50 W. 131" St. Dubuque, IA 52001 (563)589-4100 RESOLUTION NO. 181-22 AWARDING PUBLIC IMPROVEMENT CONSTRUCTION CONTRACT FOR THE MYSTIQUE ICE CENTER RINK ICE SYSTEM REMOVAL AND REPLACEMENT PROJECT Whereas, sealed proposals have been submitted by contractors for the Mystique Ice Center Rink Ice System Removal and Replacement Project, (the Project) pursuant to Resolution No. 114-22 and Notice to Bidders published on the City of Dubuque, Iowa website and plan room service with statewide circulation on the 8th day of April 2022; and Whereas, said sealed proposals were opened and read on the 21st day of April 2022 and it has been determined that Rink-Tec International, Inc., from Vadnais Heights, Minnesota. submitted low bid in the amount of $720,950.00, and is the lowest responsive, responsible bidder for the Project. NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: That a Public Improvement Construction Contract for the Project is hereby awarded to Rink-Tec International, Inc. and the City Manager is hereby directed to execute a Public Improvement Construction Contract on behalf of the City of Dubuque for the Project. Passed, adopted, and approved this 2nd day of May 2022. ..M.4;-Sv-anagh, Mayor Attest: Adrienne N. Breitfelder, City Clerk