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HomeMy WebLinkAboutItem 06.kDate: 26 October 2011 Item No. APPROVAL OF A CONTRACT FOR PARTIAL REROOFING AT THE LAKEVILLE AREA ARTS CENTER WITH McPHILLIPS BROS. ROOFING COMPANY Proposed Action Staff recommends adoption of the following motion: Move to approve a contract with McPhillips Bros. Roofing Company to perform a partial reroofing at the Lakeville Area Arts Center. Overview This contract provides for the reroofing of the mechanical garage behind the Arts Center. That garage houses the snow melt boilers and the main electrical vault for the facility. The roof to that garage has reached the end of its service life and has failed. Leaks in the roof are such that during the winter, ice covers the floor and icicles hang down from the roof joists. The roof is in need of replacement. Working with consultant, the City received proposals from three contractors. The lowest responsible contractor was McPhillips Bros. Roofing Company at a cost of $11,885.00. As part of the contract, the contractor will clear the roof to the deck, remove and replace deteriorated decking and install a rubber membrane along with new flashings and downspouts. Staff reviewed the contract and project manual and recommends approval. Primary Issues to Consider • What is the impact of not replacing the roof? The extent of the roof failure is such that spot repairs will not sufficiently seal the roof. Continuing deterioration of the roof will result in damage to equipment within the garage and compromise the safety of maintenance personnel. Supporting Information • Copies of the contract and bid tabulation are attached. risto Operat Notes: J. Petree ns & Maintenance Director Financial Impact: $11,885.00 Budgeted: Yes Source: 4014.6540 Related Documents (CIP, ERP, etc.): Building Fund Init. ALIA Document ,4101 " w 2007 Standard Form of Agreement Between Owner and Contractor where the basis of payment is a Stipulated Sum 1 AGREEMENT made as of the Seventh day of November in the year Two Thousand Eleven (In nvrdls, indicate day, nront/r and year:) BETWEEN the Owner: (Name, legal status, address and other information) City of Lakeville 20195 Holyoke Avenue Lakeville, MN 55044 and the Contractor: (Name, legal status, address and other information) McPhillips Bros. Roofing Company 2590 Centennial Drive St. Paul, MN 55109 for the following Project: (Name, location and detailed description) 2011 Partial Reroofing Lakeville Art Center 20965 Holyoke Avenue Lakeville, MN The Architect: (Name, legal status, address and other information) Inspec, Inc. 5801 Duluth Street Golden Valley, MN 55422 Telephone Number: 763 -546 -3434 Fax Number: 763 -546 -8669 The Owner and Contractor agree as follows. ADDITIONS AND DELETIONS: The author of this document has added information needed for its completion. The author may also have revised the text of the original AIA standard form. An Additions and Deletions Report that notes added Information as well as revisions to the standard form text Is available from the author and should be reviewed. A vertical line in the left margin of this document indicates where the author has added necessary information and where the author has added to or deleted from the original AIA text. This document has important legal consequences. Consultation with an attorney is encouraged with respect to its completion or modification. AIA Document A201 -2007, General Conditions of the Contract for Construction, is adopted in this document by reference. Do not use with other general conditions unless this document is modified. AIA Document A10 2007. Copyright ®1915, 1918, 1925, 1937, 1951, 1958, 1981, 1983, 1967, 1974, 1977, 1987, 1991, 1997 and 2007 by The American Institute of Architects. All rights reserved. WARNING: This AIA Document Is protected by US. Copyright Law and International Treaties. Unauthorized reproduction or distribution of this AIA° Documcrit, or any portion *111, may result In severe civil end crimtnsl penalties, and will bo prosecuted to the maximum extant possible under the law. This document was produced by AIA software at 12:31:23 on 10/25/2011 under Order No.3210767915 1 which expires on 08/08/2012, and Is not for resale. User Notes: (1215330867) Init. 1 TABLE OF ARTICLES 1 THE CONTRACT DOCUMENTS 2 THE WORK OF THIS CONTRACT 3 DATE OF COMMENCEMENT AND SUBSTANTIAL COMPLETION 4 CONTRACT SUM 5 PAYMENTS 6 DISPUTE RESOLUTION 7 TERMINATION OR SUSPENSION 8 MISCELLANEOUS PROVISIONS 9 ENUMERATION OF CONTRACT DOCUMENTS 10 INSURANCE AND BONDS ARTICLE 1 THE CONTRACT DOCUMENTS The Contract Documents consist of this Agreement, Conditions of the Contract (General, Supplementary and other Conditions), Drawings, Specifications, Addenda issued prior to execution of this Agreement, other documents listed in this Agreement and Modifications issued after execution of this Agreement, all of which form the Contract, and are as fiiily a part of the Contract as if attached to this Agreement or repeated herein. The Contract represents the entire and integrated agreement between the parties hereto and supersedes prior negotiations, representations or agreements, either written or oral. An enumeration of the Contract Documents, other than a Modification, appears in Article 9. ARTICLE 2 THE WORK OF THIS CONTRACT The Contractor shall fully execute the Work described in the Contract Documents, except as specifically indicated in the Contract Documents to be the responsibility of others. ARTICLE 3 DATE OF COMMENCEMENT AND SUBSTANTIAL COMPLETION § 3.1 The date of commencement of the Work shall be 1 (Paragraphs deleted)November 8, 2011 § 3.2 The Contract Time shall be measured from the date of commencement. § 3.3 The Contractor shall achieve Substantial Completion of the entire Work not later than (Paragraphs deleted) December 2, 2011 (Table deleted) , subject to adjustments of this Contract Time as provided in the Contract Documents. (Insert provisions, if anyy, for liquidated damages relating to failure to achieve Substantial Completion on time or for bonus payments for early completion of the Work.) The Contractor and the Contractor's surety, if any, shall be liable for and shall pay the Owner $250.00 as liquidated damages for each calendar day of delay until the Work is substantially complete. AIA Document A101" — 2007. Copyright ®1915, 1918, 1925, 1937, 1951, 1958, 1961, 1963, 1967, 1974, 1977, 1987, 1991, 1997 and 2007 by The American Institute of Architects. All rights reserved. WARNING: This AlA" Document Is protected by U.8. Copyright taw and International Treaties. Unauthorized reproduction or distribution of this AIA' Document, or any portion of It, may result in severe civil end ceiminat penalties, and will he prosecuted to the maximum extent possible under the taw. This document was produced by AIA software at 12:31:23 on 10/25/2011 under Order No.3210767915 1 which expires on 08/08/2012, and is not for resale. User Notes: (1215330667) Init. ARTICLE 4 CONTRACT SUM § 4.1 The Owner shall pay the Contractor the Contract Sum in current funds for the Contractor's performance of the Contract. The Contract Sum shall be Eleven Thousand Eight Hundred Eighty -five Dollars and Zero Cents ($ 1 1,885.00 ), subject to additions and deductions as provided in the Contract Documents. § 4.2 The Contract Sum is based upon the following alternates, if any, which are described in the Contract Documents and are hereby accepted by the Owner: NA § 4.3 Unit prices, if any: (ldent and state the unit price; state quantity limitations, if any, to which the unit price will be applicable.) Item Units and Limitations Price Per Unit ($0.00) Additional 3/4" wood deck replacement Per square foot 3.50 Reduction in 3/4" wood deck replacement Per square foot 2.50 § 4.4 Allowances included in the Contract Sung, if any: (Ident' allowance and state exclusions, if any, from the allowance price.) Item NA Price ARTICLE 5 PAYMENTS § 5.1 PROGRESS PAYMENTS § 5.1.1 Based upon Applications for Payment submitted to the Architect by the Contractor and Certificates for Payment issued by the Architect, the Owner shall make progress payments on account of the Contract Sum to the Contractor as provided below and elsewhere in the Contract Documents. § 5.1.2 The period covered by each Application for Payment shall be one calendar month ending on the last day of the month. § 5.1.3 Provided that an Application for Payment is received by the Architect not later than the last day of a month, the Owner shall make payment of the certified amount to the Contractor not later than the last day of the following month. If an Application for Payment is received by the Architect after the application date fixed above, payment shall be made by the Owner not later than Thirty ( 30) days after the Architect receives the Application for Payment. (Federal, state or local laws may require payment within a certain period of time) § 5.1.4 Each Application for Payment shall be based on the most recent schedule of values submitted by the Contractor in accordance with the Contract Documents. The schedule of values shall allocate the entire Contract Stun among the various portions of the Work. The schedule of values shall be prepared in such form and supported by such data to substantiate its accuracy as the Architect may require. This schedule, unless objected to by the Architect, shall be used as a basis for reviewing the Contractor's Applications for Payment. § 5.1.5 Applications for Payment shall show the percentage of completion of each portion of the Work as of the end of the period covered by the Application for Payment. § 5.1.6 Subject to other provisions of the Contract Documents, the amount of each progress payment shall be computed as follows: .1 Take that portion of the Contract Sum properly allocable to completed Work as determined by multiplying the percentage completion of each portion of the Work by the share of the Contract Sum allocated to that portion of the Work in the schedule of values, less retainage of Five percent ( 5.00 %). Pending final determination of cost to the Owner of changes in the Work, amounts not in dispute shall be included as provided in Section 7.3.9 of AIA Document A201Tm 2007, General Conditions of the Contract for Construction; AIA Document A101" — 2007. Copyright ®1915, 1918, 1925, 1937, 1951, 1958, 1961, 1963, 1967, 1974, 1977, 1987, 1991, 1997 and 2007 by The American institute of Architects. All rights reserved. WARNING: This AIA' Document is protected by U.S. Copyright Law and International Treaties. Unauthorized reproduction or distribution of this A!A' Document, or any portion of it, may result in severe civil and criminal penalties, and wilt be prosecuted to the maximum extent possible under the law. This document was produced by AIA software at 12:31:23 on 10/25/2011 under Order No.3210767915_1 which expires on 08/08/2012, and is not for resale. User Notes: (1215330667) Init. .2 Add that portion of the Contract Sum properly allocable to materials and equipment delivered and suitably stored at the site for subsequent incorporation in the completed construction (or, if approved in advance by the Owner, suitably stored off the site at a location agreed upon in writing), less retainage of percent ( %); • .3 Subtract the aggregate of previous payments made by the Owner; and .4 Subtract amounts, if any, for which the Architect has withheld or nullified a Certificate for Payment as provided in Section 9.5 of AIA Document A201-2007. § 5.1.7 The progress payment amount determined in accordance with Section 5.1.6 shall be further modified under the following circumstances: .1 Add, upon Substantial Completion of the Work, a sum sufficient to increase the total payments to the fiill amount of the Contract Sum, less such amounts as the Architect shall determine for incomplete Work, retainage applicable to such work and unsettled claims; and (Section 9.8.5 of AIA Docwnent A201-2007 requires release of applicable retainage upon Substantial Completion of Work with consent of surety, if any) .2 Add, if final completion of the Work is thereafter materially delayed through no fault of the Contractor, any additional amounts payable in accordance with Section 9.10.3 of AIA Document A201-2007. § 5.1.8 Reduction or limitation of retainage, if any, shall be as follows: (If it is intended, prior to Substantial Completion of the entire iYork, to reduce or limit the retainage resulting front the percentages inserted in Sections 5.1.6.1 and 5.1.6.2 above, and this is not explained elsewhere in the Contract Documents, insert here provisions for such reduction or limritation) § 5.1.9 Except with the Owner's prior approval, the Contractor shall not make advance payments to suppliers for materials or equipment which have not been delivered and stored at the site. § 5.2 FINAL PAYMENT § 5.2.1 Final payment, constituting the entire unpaid balance of the Contract Sum, shall be made by the Owner to the Contractor when .1 the Contractor has fully performed the Contract except for the Contractor's responsibility to correct Work as provided in Section 12.2.2 of AIA Document A201 -2007, and to satisfy other requirements, if any, which extend beyond final payment; and .2 a final Certificate for Payment has been issued by the Architect. § 5.2.2 The Owner's final payment to the Contractor shall be made no later than 30 days after the issuance of the Architect's final Certificate for Payment, or as follows: ARTICLE 6 DISPUTE RESOLUTION § 6.1 INITIAL DECISION MAKER The Architect will serve as Initial Decision Maker pursuant to Section 15.2 of AIA Document A201 2007, unless the parties appoint below another individual, not a party to this Agreement, to serve as Initial Decision Maker. (If the parties mutually agree, insert the name, address and other contact information of the Initial Decision Maker; if other than the Architect) § 6.2 BINDING DISPUTE RESOLUTION For any Claim subject to, but not resolved by, mediation pursuant to Section 15.3 of AIA Document A201 -2007, the method of binding dispute resolution shall be as follows: (Check the appropriate box. If the Owner and Contractor do not select a nnethod of binding dispute resolution below, or do not subsequently agree in writing to a binding dispute resolution method other than litigation, Claims will be resolved by litigation in a court of competent jurisdiction) AIA Document A101" — 2007. Copyright ®1915, 1918, 1925, 1937, 1951, 1958, 1981, 1963, 1967,1974, 1977, 1987, 1991, 1997 and 2007 by The American Institute of Architects. All rights reserved. WARNING: This AiA' Document is protected by 118. Copyright Lew and International Treaties. Unauthorized reproduction or distribution of this AIA' Document, or any portion of ft, may result in severe civil and criminal penalties, and will be prosecuted to the maximum extent possibiu under the law. This document was produced by AIA software at 12:31:23 on 10/25/2011 under Order No.3210767915_1 which expires on 08/08/2012, and is not for resale. User Notes: (1215330867) Init. [ 1 Arbitration pursuant to Section 15.4 of AIA Document A201 -2007 [ X ) Litigation in a court of competent jurisdiction [ ] Other (Speck) ARTICLE 7 TERMINATION OR SUSPENSION § 7.1 The Contract may be terminated by the Owner or the Contractor as provided in Article 14 of AIA Document A201 -2007. § 7.2 The Work may be suspended by the Owner as provided in Article 14 of AIA Document A201 -2007. ARTICLE 8 MISCELLANEOUS PROVISIONS § 8.1 Where reference is made in this Agreement to a provision of AIA Document A201-2007 or another Contract Document, the reference refers to that provision as amended or supplemented by other provisions of the Contract Documents. § 8.2 Payments due and unpaid under the Contract shall bear interest from the date payment is due at the rate stated below, or in the absence thereof, at the legal rate prevailing from time to time at the place where the Project is located. (Insert rate of interest agreed upon, if any.) % § 8.3 The Owner's representative: City of Lakeville 20195 Holyoke Avenue Lakeville, MN 55044 § 8.4 The Contractor's representative: McPhillips Bros. Roofing Company 2590 Centennial Drive St. Paul, MN 55109 § 8.5 Neither the Owner's nor the Contractor's representative shall be changed without ten days written notice to the other party. § 8.6 Other provisions: ARTICLE 9 ENUMERATION OF CONTRACT DOCUMENTS § 9.1 The Contract Documents, except for Modifications issued after execution of this Agreement, are enumerated in the sections below. § 9.1.1 The Agreement is this executed AIA Document A101 -2007, Standard Form of Agreement Between Owner and Contractor. § 9.1.2 The General Conditions are AIA Document A201 -2007, General Conditions of the Contract for Construction. AIA Document A101 n — 2007. Copyright ® 1915, 1918, 1925, 1937, 1951, 1958, 1961, 1963, 1967,1974, 1977, 1987, 1991, 1997 and 2007 by The American Institute of Architects. All rights reserved. WARNING: This AIA Document Is protected by U.S. Copyright Law and International Treaties. Unauthorized reproduction or disiributlon of this ALA Document, or any portion of it, may result in severe civil and criminal penalties, and will be prosecuted to the maximum extent possible under the law. This document was produced by AIA software at 12:31:23 on 10/25/2011 under Order No.3210767915 1'fiich expires on 08!0812012, and is not for resale. User Notes: (1215330667) Init. § 9.1.3 The Supplementary and other Conditions of the Contract: 00 70 00 General Conditions 00 72 00 Supplementary Conditions Supplement (Table deleted) § 9.1.4 The Specifications: DIVISION 01 GENERAL REQUIREMENTS 01 I0 00 Summary 01 20 00 Price and Payment Procedures 01 30 00 Administrative Requirements Submittal Cover Sheet Submittal Log 01 40 00 Quality Requirements 01 50 00 Temporary Facilities and Controls 01 60 00 Product Requirements 01 70 00 Execution Requirements DIVISION 06 WOOD, PLASTICS, AND COMPOSITES 06 10 00 Rough Carpentry DIVISION 07 THERMAL AND MOISTURE PROTECTION 07 53 00 Elastomeric Membrane Roofing 07 62 00 Sheet Metal Flashing and Trim § 9.1.5 The Drawings: 1 2 § 9.1.6 The Addenda, if any: Roof Plan, Key Plan Details Number Date Pages NA Portions of Addenda relating to bidding requirements are not part of the Contract Documents unless the bidding requirements are also enumerated in this Article 9. § 9.1.7 Additional documents, if any, forming part of the Contract Documents: .1 (Paragraphs deleted) Amendment to the AIA A201 and Supplement (included in the original Contract Documents), attached herein. AIA Document A101 TM — 2007. Copyright ®1915, 1918, 1925, 1937, 1951, 1958, 1961, 1963, 1967, 1974, 1977, 1987, 1991, 1997 and 2007 by The American Institute of Architects. All rights reserved. WARNING: This Me Document Is protected by U.S. Copyright Law and International Treaties. Unauthorized reproduction or distribution of this AIA' Document, or any portion of it may result in saver* civil and criminal penalties, and will be prosecuted to the maximum extent possible under the law. This document was produced by AIA software at 12:31:23 on 10/25/2011 under Order No.3210767915_1 which expires on 08/08/2012, and is not for resale. User Notes: (1215330667) Init. / ARTICLE 10 INSURANCE AND BONDS I The Contractor shall purchase and maintain insurance and provide bonds as set forth in Article 11 of AIA Document A201 -2007 and the Supplementary Conditions and Supplement. This Agreement entered into as of the day and year first written above. OWNER (Signature) CONTRACTOR (Signature) (Printed name and title) (Printed name and title) AIA Document A101" — 2007. Copyright ®1915, 1918, 1925, 1937, 1951, 1958, 1961, 1963, 1967, 1974, 1977, 1987, 1991, 1997 and 2007 by The American Institute of Architects. All rights reserved. WARNING: Thls AIA Document is protected by U.S. Copyright Lew and International Treaties. Unauthorized reproduction or distribution of this Ate Document, or any portion of It, may result In severe civil and criminal penalties, and will be prosecuted to the maximum extent possible under the law. This document was produced by AIA software at 12:31:23 on 10/25/2011 under Order No.3210767915_1 which expires on 08/08/2012, and is not for resale. User Notes: (1215330667) ro. 1NSPEC Smart engineering of roofs, walls, pavements and waterproofing www.inspec.com 5801 Duluth Street Minneapolis, MN 55422 Ph. 763-546-3434 Fax 763 -546 -8669 Addendum to the Contract 2011 Partial Reroofing at Lakeville Art Center City of Lakeville, Minnesota 126 North Jefferson St. 8618 West Catalpa Suite 120 Suites 1109 -1110 Milwaukee, WI 53202 Chicago, l' 60656 Ph. 414-744-6962 Ph. 773-444-0206 Fax 414 -744 -6981 Fax 773-444-0221 General Conditions of the Contract for Construction (AIA A201 -2007) included in the Project Manual 1. Include the following sections as indicated: § 1.2.1 Amend to read as follows: The Contract Documents are to be read and interpreted as a whole. The intent of the Contract Documents is to include all items necessary for the proper execution and completion of the Work and to require Contractor to provide the highest quality and greatest quantity consistent with the Contract Documents. If there are inconsistencies within or among part of the Contract Documents or between the Contract Documents and applicable standards, codes or ordinances, the Contractor shall provide the better quality or greater quantity of Work or comply with the more stringent requirements; either or all in accordance with the Architect's interpretation. The terms and conditions of this subparagraph 1.23.1 shall not relieve the Contractor of any of its obligations as set forth in Article 3. .1 Before ordering any materials or doing any Work, the Contractor shall verify measurements at the Project site and shall be responsible for the correctness of such measurements. No extra charges or compensation will be allowed on account of differences between actual dimensions and the dimensions indicated on the Drawings. Any difference that may be found shall be submitted to the Construction Manager and Architect for resolution before proceeding with the Work. .2 If a minor change in the Work is necessary due to actual field conditions, the Contractor shall submit detailed drawings of such departure to the Construction Manager for approval by the Architect before making the change. The Owner shall not be required to make any adjustment to either the Contract Sum or Contract Time because of any failure by the Contractor to comply with the requirements of this Subparagraph 1.2.1. Actual or alleged conflicts or inconsistencies between the Drawings and Specifications or other Contract Documents shall be brought to the Architect's and Construction Manager's attention in writing, prior to performing the affected Work. The Architect's and Construction Manager's directions, as communicated through the Construction Manager, shall be followed by the Contractor. § 2.1.2 Amend in its entirety to read as follows: Work is to proceed as a no -lien Project in accordance with the laws of the State of Minnesota regarding public projects. Contractor shall provide to the Owner both a Labor and Material Payment Bond and a Performance Bond as required by Minnesota Statutes 574.26. The Contractor, for itself and for all who claim through the Contractor, acknowledges and agrees: (i) that because it is a public project, no lien shall attach to the real estate on which the Project is located or to any improvements no existing or to be constructed thereon in favor of the Contractor or any Subcontractor, mechanic, journeyman, laborer, material vendor, lessor of tools or equipment or any other party who may furnish work, materials, equipment, services, tools or machinery for the design or construction of improvements on the land. The Contractor shall also provide written notice of the no -lien status of this Project to all of its Subcontractors, material suppliers, equipment lessors and others that provide labor, material, equipment and /or services for the Project. Contractor shall defend, indemnify and hold the Owner and Construction Manager harmless from any suit, lien, damages, losses or expenses, including reasonable attorney's fees. Supplement to the General Conditions included in the Project Manual 2. The last paragraph, "Add 14.3 as follows ": Minnesota Statute 471.25, subdivision 4a, was repealed in 1980 and should be replaced with Minnesota Statute 337.10. Dad sN -.41•1 SL'£$ 1_'.x:49 ,a OS'L$ OST$ OS'S$ 1311 I (von I OS'£$ BID TABULATION Preliminary Bid Tabulation - Bids are OWNER: City of Lakeville Contingent Upon Further Review PROJECT: 2011 Partial Reroofing - Art Center BID DATE / TIME: October 5, 2011 at 3:00 p.m. PROJECT # 212175 -1 S8VL1$ 1 0176`SI$ I S88`I1$ Bid Security I x k 1 ---- CONTRACTOR John A. Dalsin & Son, Inc. l 1 Commercial Roofing 'McPhillips Bros. Roofing