CCA 05/26/2017 1 cm ley SPECIAL CITY COUNCIL MEETING
Frid
OF MAY 26, 2017
The City of Fridley will not discriminate against or harass anyone in the admission or access to,
or treatment, or employment in its services, programs, or activities because of race, color, creed,
religion, national origin, sex, disability, age, marital status, sexual orientation or status with
regard to public assistance. Upon request, accommodation will be provided to allow individuals
with disabilities to participate in any of Fridley's services, programs, and activities. Hearing
impaired persons who need an interpreter or other persons with disabilities who require auxiliary
aids should contact Roberta Collins at 572-3500. (TTD/763-572-3534)
ADOPTION OF AGENDA:
NEW BUSINESS:
1. Receive Bids and Award Contract for the City of
Fridley, Civic Campus Project No. 505:
(9) Elevators;
(31) Below Grade Waterproofing
2. Approve Assignment of Contracts for Civic
Campus Construction from City of Fridley to
McGough Construction Company.
ADJOURN.
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Fridley
FRIDLEY SPECIAL CITY COUNCIL MEETING
OF MAY 26, 2017
1:00 p.m. — City Council Chambers
Attendance Sheet
Please print name, address and item number you are interested in.
Print Name (Clearly) Address Item No.
AGENDA ITEM
Fridley
CITY COUNCIL MEETING OF
MAY 26, 2017
TO: Walter Wysopal, City Manager PW17-037
FROM: James Kosluchar, Public Works Director
Scott Hickok, Community Development Director
DATE: May 25, 2017
SUBJECT: Resolutions Receiving and Awarding Second Round of Bids for the
Fridley Civic Campus Project 505
On Friday, May 26th at 10:00 AM, a second round of bids will be opened for the Fridley
Civic Campus Project 505 for bid packages 8 (Elevators), and 31 (Waterproofing).
These two packages received no bids on the initial bid round occurring on May 4.
Responsive bids will be tabulated and presented to the City Council, along with most
recent cost estimates, and a recommendation for award. The Lowest Qualifying
Responsible Bidder Selection will be used for bidding of these packages, in order that their
award can occur expediently.
In addition, the low bid for package 6 (Acoustical Ceiling Tile) was withdrawn from the
award package on Monday, May 22 A second award recommendation will be provided for
this bid package and incorporated into the resolutions.
Staff will recommend the City Council approve three actions for bids received, as follows:
1 . Move to receive the bids per the attached bid tabulation for the City of Fridley
Civic Campus Project 505 (tabulation pending bid opening).
2. Approve the attached resolution Awarding Base Bid Labor and Miscellaneous
Taxable Materials Bid Packages for the City of Fridley Civic Campus Project
505 Received on May 26, 2017(recommendation of award pending bid opening).
3. Approve the attached resolution Awarding Base Bid Tax-Exempt Materials Bid
Packages for the City of Fridley Civic Campus Project 505 Received on May
26, 2017(recommendation of award pending bid opening).
If the Council approves, staff will prepare the numerous contracts for signature and
proceed with notifying the respective contractors of their award.
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Attachments
CITY OF FRIDLEY
CIVIC COMPLEX PROJECT NO.505
BID PACKAGE:31.Waterproofing -
LOWEST RESPONSIBLE BID TABULATION
LETTING:5/26/17 10:00 AM Fridley
Note:numbers in are corrected for mathematical errors in bid provided
FRIENDLY•DRIVEN•RESPONSIVE
Technical
Waterproofing
ESTIMATED Solutions,LLC
DESCRIPTION COST BID
BASE BID
Labor&Miscellaneous Taxable Materials $ 269,600.00
Tax-Exempt Materials S 305.400.00
Total BASE BID $ 387,825.00 $ 575,000.00 $ - $ - $ - $
Performance and Payment Bond $ 14,400.00
ALTERNATE 1.Security Fence at Police Parking
Labor&Miscellaneous Taxable Materials
Tax-Exempt Materials
Total ALTERNATE 1 5 - $ - $ $ - $ - $
ALTERNATE 2.Iron Enhanced Sand Filters
Labor&Miscellaneous Taxable Materials
Tax-Exempt Materials
Total ALTERNATE 2 $ - $ - $ - $ - 5 - 5
ALTERNATE 3.Fireplace
Labor&Miscellaneous Taxable Materials
Tax-Exempt Materials
Total ALTERNATE 3 $ - $ - $ - 5 - $ - $
ALTERNATE 4.Monument Sign
Labor&Miscellaneous Taxable Materials
Tax-Exempt Materials
Total ALTERNATE 4 $ - $ - $ - $ - $ - $
ALTERNATE 5.Fuel Island Canopy
Labor&Miscellaneous Taxable Materials
Tax-Exempt Materials
Total ALTERNATE 5 $ - $ - $ - $ - $ - $
ALTERNATE 6.Firing Range System&Equipment,HVAC System
Labor&Miscellaneous Taxable Materials
Tax-Exempt Materials _
Total ALTERNATE 6 $ - $ - $ - $ - $ - $
ALTERNATE 7.Overhead Crane,Runway Hoistway,and Hoist
Labor&Miscellaneous Taxable Materials
Tax-Exempt Materials
Total ALTERNATE 7 $ - $ - $ - $ - $ - $
ALTERNATE 8.Insulated,Fritted Glass Units
Labor&Miscellaneous Taxable Materials
Tax-Exempt Materials
Total ALTERNATE 8 $ - $ - $ - $ - $ - $
CITY OF FRIDLEY
CIVIC COMPLEX PROJECT NO.505 S
BID PACKAGE:8.Elevators
LOWEST RESPONSIBLE BID TABULATION
LETTING:5/26/17 10:00 AM Fridley
Note:numbers in red are corrected for mathematical errors in bid provided
FRIENDLY•DRIVEN•RESPONSIVE
ESTIMATED KONE Inc.
DESCRIPTION COST BID
BASE BID
Labor&Miscellaneous Taxable Materials $ 152,300.00
Tax-Exempt Materials $ 182,700.00
Total BASE BID $ 246,340.00 $ 335,000.00 $ - $ - _$ - $
Performance and Payment Bond $ 1,624.75
ALTERNATE 1.Security Fence at Police Parking
Labor&Miscellaneous Taxable Materials
Tax-Exempt Materials _
Total ALTERNATE 1 $ - $ - $ - $ - $ - $
ALTERNATE 2.Iron Enhanced Sand Filters
Labor&Miscellaneous Taxable Materials
Tax-Exempt Materials
Total ALTERNATE 2 $ - $ - $ - $ - $ - $
ALTERNATE 3.Fireplace
Labor&Miscellaneous Taxable Materials
Tax-Exempt Materials
Total ALTERNATE 3 $ - $ $ - $ - $ - $
ALTERNATE 4.Monument Sign
Labor&Miscellaneous Taxable Materials
Tax-Exempt Materials
Total ALTERNATE 4 $ - $ .. $ - $ - $ - $
ALTERNATE 5.Fuel Island Canopy
Labor&Miscellaneous Taxable Materials
Tax-Exempt Materials
Total ALTERNATE 5 $ - $ - $ - $ - $ - $
ALTERNATE 6.Firing Range System&Equipment,HVAC System
Labor&Miscellaneous Taxable Materials
Tax-Exempt Materials
Total ALTERNATE 6 $ - I$ - $ - $ - $ - $
ALTERNATE 7.Overhead Crane,Runway Hoistway,and Hoist
Labor&Miscellaneous Taxable Materials
Tax-Exempt Materials
Total ALTERNATE 7 $ - $ - $ - $ - $ - $
ALTERNATE 8.Insulated,Fritted Glass Units
Labor&Miscellaneous Taxable Materials
Tax-Exempt Materials
Total ALTERNATE 8 $ $ - $ - $ - $ - $
RESOLUTION NO. 2017 -
AWARDING CONTRACTS FOR BASE BID LABOR AND MISCELLANEOUS
TAXABLE MATERIALS BID PACKAGES FOR THE CITY OF FRIDLEY CIVIC
CAMPUS PROJECT 505 RECEIVED ON MAY 26, 2017
WHEREAS, the construction documents for new City facilities including a City Hall, Police
Station, Fire Station, and Public Works Facility have been prepared in accordance with the City
Council direction, and identified as the City of Fridley Civic Campus Project 505, and
WHEREAS, bids for labor and miscellaneous taxable materials were solicited and a bid letting
was held for two labor and miscellaneous taxable materials bid packages on May 26, 2017, and,
WHEREAS, a number of qualifying, responsive bids were opened and read aloud on May 26,
2017, and received by the City Council on May 26, 2017, and
WHEREAS, bids for labor and miscellaneous taxable materials were solicited and a bid letting
was held for one labor and miscellaneous taxable materials bid packages on May 4, 2017, for
which the low bid was awarded and subsequently withdrawn, and,
WHEREAS, as predetermined and outlined in solicitations, the lowest responsible qualifying bid
process was used for bid packages to determine the most favorable contractor in each
respective category, and
WHEREAS, the total amount of bids received is below estimate and within the established
budget for this project,
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF FRIDLEY,
ANOKA COUNTY, MINNESOTA:
1. That the City Council hereby awards a contract to each respective contractor for
labor and miscellaneous taxable materials tabulated in the attached award
recommendation summary subject to posting of acceptable
performance/payment bond and certificate of insurance, and
2. That the Mayor and City Manager are duly authorized to execute the associated
contracts with the aforementioned contractors for the City of Fridley Civic
Campus Project 505.
PASSED AND ADOPTED BY THE CITY COUNCIL OF THE CITY OF FRIDLEY THIS 26th DAY OF
MAY, 2017.
ATTESTED SCOTT J. LUND - MAYOR
DEBRA A. SKOGEN - CITY CLERK
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RESOLUTION NO. 2017 -
AWARDING CONTRACTS FOR BASE BID TAX-EXEMPT MATERIALS BID
PACKAGES FOR THE CITY OF FRIDLEY CIVIC CAMPUS PROJECT 505 RECEIVED
ON MAY 26, 2017
WHEREAS, the construction documents for new City facilities including a City Hall,
Police Station, Fire Station, and Public Works Facility have been prepared in accordance with
the City Council direction, and identified as the City of Fridley Civic Campus Project 505, and
WHEREAS, bids for tax-exempt materials were solicited and a bid letting was held for 2 tax-
exempt materials bid packages on May 26, 2017, and,
WHEREAS, a number of qualifying, responsive bids were opened and read aloud on May 26,
2017, and received by the City Council on May 26, 2017, and
WHEREAS, bids for labor and miscellaneous taxable materials were solicited and a bid letting
was held for one labor and miscellaneous taxable materials bid packages on May 4, 2017, for
which the low bid was awarded and subsequently withdrawn, and,
WHEREAS, as predetermined and outlined in solicitations, the lowest responsible qualifying bid
process was used for bid packages to determine the most favorable contractor in each
respective category, and
WHEREAS, the total amount of bids received is below estimate and within the established
budget for this project,
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF FRIDLEY,
ANOKA COUNTY, MINNESOTA:
1. That the City Council hereby awards a contract to each respective contractor for
labor and miscellaneous taxable materials tabulated in the attached award
recommendation summary, and
2. That the Mayor and City Manager are duly authorized to execute the associated
contracts with the aforementioned contractors for the City of Fridley Civic
Campus Project 505.
PASSED AND ADOPTED BY THE CITY COUNCIL OF THE CITY OF FRIDLEY THIS 26th DAY OF
MAY, 2017.
ATTESTED SCOTT J. LUND - MAYOR
DEBRA A. SKOGEN - CITY CLERK
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AGENDA ITEM
Fridley
CITY COUNCIL MEETING OF MAY 26, 2017
Date: May 25, 2017
To: Walter T.Wysopal, City Manager
From: Scott Hickok, Community Development Director
Jim Kosluchar, Public Works Director
Shelly Peterson, Finance Director
Subject: Assignment of Contracts for Civic Campus Construction from City of Fridley to McGough
Construction Company
REQUEST
The City of Fridley has accepted McGough Construction, its Construction Manager's, Guaranteed
Maximum Price ("GMP"),which is conditioned on the City's Assignment of certain rights in the Prime
Contract to the Construction Manager At Risk, as well as Assignment of rights in other contracts
between the City and the Prime Contractors. By this Assignment,the City is assigning and retaining
certain rights under the Prime Contract,such purchasing agent where appropriate and retaining various
other rights, while McGough Construction Company is accepting and assuming those rights and
obligations for the defined Work under the Prime Contract to carry out the Project Work for the GMP.
Simply put,the City is signing over the contracts for the various elements of the Civic campus project.
Those contracts involving labor will be awarded officially once their individual insurance and bond items
are in place.
Attached to this memo is not only the resolution before you for consideration, but also the exhibits that
validate the assignment of the Prime Contract to McGough Construction Company and also show the
notification documents that will be used to announce the Assignment of the contracts to McGough
Construction Company.
Those contracts being assigned are:
6. Ceiling Tile- Minnesota Acoustics
8. Elevators- KONE Inc.
31.Waterproofing-Technical Waterproofing, LLC
STAFF RECOMMENDATION
Staff recommends that the City Council approve the attached Resolution in form,which assigns the
contracts awarded for the City Hall, Police, Fire, and Public Works facilities project to McGough
Construction as Prime Contractor, CMAR in accordance with the document provisions that have been
described therein. Staff further recommends that Council Authorize the Mayor and City Manager to sign
each document necessary in the assignment of the various contracts. Signatures will be required upon
receipt of the bond and insurance information from each contractor.
RESOLUTION NO.
A RESOLUTION ALLOWING THE ASSIGNMENT TO MCGOUGH CONSTRUCTION
COMPANY,LLC AS PRIME CONTRACTOR AND ASSIGNMENT OF CONTRACTS
BETWEEN THE CITY OF FRIDLEYAND SPECIFIC INDIVIDUAL CONTRACTORS
TO MCGOUGH AS THE CITY OF FRIDLEY'S CONSTRUCTION MANAGER AT RISK
FOR THE CITY OF FRIDLEY'S CIVIC CAMPUS PROJECT WHICH INCLUDES:
CITY HALL,POLICE,FIRE AND THE PUBLIC WORKS BUILDINGS
WHEREAS, The City Council has contracted with McGough Construction Company, LLC as its
Construction Manager; and
WHEREAS, The City Council has accepted the Guaranteed Maximum Price (GMP) from
McGough Construction Company, LLC, making McGough its Construction Manager At Risk
(CMAR); and
WHEREAS, A formal bid process commenced with bid packets available for 31 contacts began
with packets available on March 25, 2017; and
WHEREAS, respondents to eighteen (18) of the bid categories were evaluated by a lowest
responsible bid process according to bid guidelines; and
WHEREAS,respondents to thirteen(13) of the bid categories were and evaluated by a best value
bid process,which included contractor interviews; and
WHEREAS, the processes have resulted in twenty eight (28) of the thirty one (31) categories
being successfully bid and awarded by City Council on Monday, May 22, 2017; and
WHEREAS, based on a re-advertisement for two bid categories that had not received responses
at the bid opening on May 4, 2017; and
WHEREAS, those additional bid contract responses have been received from contractors and a
bid opening for those contracts happened at 10:00am, May 26, 2017; and
WHEREAS, the City is now ready to award contracts for Bid Packet #8, Elevators and Bid
Packet#31, Waterproofing; and
WHEREAS, the City erroneously approved the award of a contract for acoustical tile to a
company rather than the most responsible bid Minnesota Acoustics and this resolutions also
seeks to correct that error; and
Resolution No. 2017- Page 2
WHEREAS, now that those contractors are known and contracts are ready to be signed, it is
most appropriate to have the CMAR manage the contracts; and
WHEREAS, The Prime Contract Assignment to McGough Construction Company is attached as
Exhibit A; and
WHEREAS, The Standard Assignment Letter to be issued is attached as Exhibit B; and
WHEREAS, The City's Purchasing Agent Assignment Letter can be viewed in Exhibit C; and
WHEREAS, those contracts that include materials and labor will require bond and insurance
submittals prior to award and be awarded once those items have been provided, through a
notification letter attached as Exhibit D; and
WHEREAS, those contract award recipients can be identified as follows: (also attached as
EXHIBIT B):
1. Elevators - KONE Inc
2. Waterproofing- Technical Waterproofing, LLC
3. Ceiling Tile, Minnesota Acoustics
WHEREAS,All contract award recipients will require bond and insurance information prior to
contract assignments to the CMAR and will receive the latter attached as EXHIBIT D: and
WHEREAS, signatures by the Mayor and City Manager will be required on the re-assignment
documents and those signature dates may be staggered, and
NOW,THEREFORE, BE IT RESOLVED,that the City Council of the City of Fridley approves the
assignment of contracts as stated to McGough Construction Company, its CMAR and authorizes the
Mayor and City Manager to sign the Award/assignment documents as appropriate. This resolution
hereby adopted by the City Council of the City of Fridley.
PASSED AND ADOPTED BY THE CITY COUNCIL OF THE CITY OF FRIDLEY THIS 26th
DAY OF MAY,2017.
SCOTT J. LUND—MAYOR
ATTEST:
DEBRA A. SKOGEN - CITY CLERK
EXHIBIT A
Assignment of Prime Contract
THIS ASSIGNMENT is made and effective this day of , 2017, by the
City of Fridley, a municipal corporation ("Owner") to McGough Construction Co., LLC, a
Minnesota corporation("Construction Manager").
RECITALS
A. Owner and Construction Manager have entered into that certain agreement
entitled Standard Form of Construction Management Agreement between Owner and
Construction Manager as Constructor, A133-2009, dated May 23, 2016, and as amended, March
9, 2017 ("CM Agreement") regarding the construction project in the City described therein
("Project").
B. Construction of the Project facility has been competitively bid pursuant to
Minnesota law and Owner has awarded the bid for the performance of to
and entered into a contract with describing
the documents included in the contract and setting forth the terms and conditions of the Work.
Specifically, the contract provisions describing all documents forming the contract between
Prime Contractor and Owner hereby assigned include Article 1 and Section 9.1.7 of the AIA
A132 —2009 together with the AIA A232 -2009 General Conditions of Contract, comprising the
contract documents ("Prime Contract").
C. Owner has accepted Construction Manager's Guaranteed Maximum Price
("GMP"), which is conditioned on Owner assignment of certain rights in the Prime Contract to
the Construction Manager, as well as assignment of rights in other Prime Contracts between
Owner and the Prime Contractors.
D. By this Assignment, Owner is assigning and retaining certain rights under the
Prime Contract and Construction Manager is accepting and assuming those rights and obligations
for the defined Work under the Prime Contract to carry out the Project Work for the GMP.
NOW THEREFORE, for valuable consideration, the receipt and sufficiency of which is
hereby acknowledged,the parties agrees to the following:
1. The Recitals are made a part of this Assignment.
2. Unless expressly retained, reserved or qualified in paragraph 4 below, Owner
assigns all its rights, duties, and obligations under the Prime Contract to
Construction Manager, which hereby assumes such rights, duties, and obligations.
493296v6 FR655-1
3. By this Assignment, and notwithstanding any language to the apparent contrary in
CM Agreement, Construction Manager assumes direct management and control
over the Prime Contractor in carrying out the Project Work to accomplish timely
completion of the Work in accordance with the Prime Contract.
4. Owner does not hereby assign and expressly reserves the rights, duties and
obligations contained in the following provisions of AIA A232-2009, and in
those sections in AIA A132-2009 and A232 that are a part of or otherwise relate
directly thereto:
a. The right to require that all Work performed during the Project under Owner's
assigned rights to Construction Manager be procured pursuant to the
requirements of the Uniform Municipal Contracting Law, Minn. Stat.
§ 471.345, including but not limited to section 2.4 of the A232;
b. Rights inuring to the Owner in sections 3.5.1, 3.9.3, 3.11, 3.12.8, 3.16, 3.17,
3.18.1, 4.2.16, 4.13, 4.2.16, Article 9 payment, Article 15 and rights to legal
remedies available under the Prime Contract, and final approval of the Work;
c. Owner's rights and obligations under sections 2.1, 2.2, 3.3.1, 3.7.4, 3.7.5,
3.12.10, 3.13.3, 4.1, 4.2, 6.1, 6.2, 7.1, 7.2 when involving Owner, 7.3, 9.3,
10.2.8, 10.3, Article 11, 12.2, 13.5.
IN WITNESS WHEREOF, the undersigned parties have executed this Assignment
effective the date first above written.
CITY OF FRIDLEY MCGOUGH CONSTRUCTION CO., LLC
Owner Construction Manager
By: By:
Its: Its:
By:
Its:
4
493296v6 FR655-1
EXHIBIT B
Date
Mr. Greg Hedin
Construction Executive
McGough Construction Co., LLC
2737 Fairview Avenue North
St. Paul, MN 55113
Re: Assignment Letter
Bid Package No. # Bid Scopes—Tax Exempt Materials
Fridley Civic Complex
Fridley, Minnesota
Dear Mr. Hedin:
The City of Fridley, MN ("City") has received competitive bids from various trade contractors for the tax-
exempt materials portion of the Project. After reviewing those bids, the City has determined that
Purchasing Agent Agreements should be awarded to the successful bidders listed on Exhibit A attached
hereto (the "Successful Bidders") in the amounts of the accepted bids.
The City has notified the Successful Bidders of the award. In lieu of entering into direct Purchasing
Agent Agreements with the Successful Bidders and then assigning those Purchasing Agent Agreements
to McGough Construction Co., LLC ("McGough"), the City desires to assign its right to enter into binding
Purchasing Agent Agreements with the Successful Bidders to McGough, whereupon McGough will enter
into Purchasing Agent Agreements directly with the Successful Bidders.
Therefore, the City hereby assigns its aforementioned right to enter into binding Purchasing Agent
Agreements with the Successful Bidders to McGough. By signing below, McGough hereby accepts the
assignment and agrees to enter into Purchasing Agent Agreements with the Successful Bidders as
provided herein.
Sincerely,
CITY OF FRIDLEY
Name, Title Date:
Name, Title (If 2nd Signature is required) Date:
Approved:
Greg Hedin Date:
McGough Construction Co., LLC
EXHIBIT A
Fridley Civic Complex
Fridley, MN
Bid Package No. #Awarded Bidders—Tax-Exempt Materials
Bid Scope No. # - Name of Bid Scope
Bid Scope No. # - Name of Bid Scope
Bid Scope No. # - Name of Bid Scope
6
493296v6 FR655-1
EXHIBIT C
Date
Mr. Greg Hedin
Construction Executive
McGough Construction Co., LLC
2737 Fairview Avenue North
St. Paul, MN 55113
Re: Assignment Letter
Bid Package No. #Bid Scopes—Tax Exempt Materials
Fridley Civic Complex
Fridley, Minnesota
Dear Mr. Hedin:
The City of Fridley, MN ("City") has received competitive bids from various trade contractors for the tax-
exempt materials portion of the Project. After reviewing those bids, the City has determined that
Purchasing Agent Agreements should be awarded to the successful bidders listed on Exhibit A attached
hereto (the "Successful Bidders") in the amounts of the accepted bids.
The City has notified the Successful Bidders of the award. In lieu of entering into direct Purchasing
Agent Agreements with the Successful Bidders and then assigning those Purchasing Agent Agreements
to McGough Construction Co., LLC ("McGough"), the City desires to assign its right to enter into binding
Purchasing Agent Agreements with the Successful Bidders to McGough, whereupon McGough will enter
into Purchasing Agent Agreements directly with the Successful Bidders.
Therefore, the City hereby assigns its aforementioned right to enter into binding Purchasing Agent
Agreements with the Successful Bidders to McGough. By signing below, McGough hereby accepts the
assignment and agrees to enter into Purchasing Agent Agreements with the Successful Bidders as
provided herein.
Sincerely,
CITY OF FRIDLEY
Name, Title Date:
Name, Title (If rd Signature is required) Date:
Approved:
Greg Hedin Date:
McGough Construction Co., LLC
EXHIBIT A
Fridley Civic Complex
Fridley, MN
Bid Package No. #Awarded Bidders—Tax-Exempt Materials
Bid Scope No. #16- Furnish Doors
Bid Scope No. # 28 - Structural Steel/ Misc. Metals Furnish
EXHIBIT D
Contracts to Be Assigned in Accordance With Attached Resolution
1. Elevators- KONE Inc
2. Waterproofing-Technical Waterproofing, LLC
3. Ceiling Tile - Minnesota Acoustics