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HomeMy WebLinkAboutItem 06.gDate: 9 October 2012 Item No. APPROVAL OF A CONTRACT FOR PRECAST PANEL LEAK REPAIRS AT THE CENTRAL MAINTENANCE FACILITY WITH A. J. SPANJERS COMPANY, INC. Proposed Action Staff recommends adoption of the following motion: Move to approve a contract with A. J. Spanjers Company, Inc. for the repair of precast concrete panels at the Central Maintenance Facility. Overview In 2005 when the facility was constructed, precast concrete tip -up panels were used to form the exterior walls for the truck parking area and the fleet maintenance area. On the east side of the truck parking area and along a short section on the south side, water has entered and caused damage along the interior hallway where the administrative area abuts the precast panels. Initial repairs were made by the panel installer in 2007, those repairs have now failed and no warranties remain in effect. Inspection and flood testing of the panels showed that small cracks in the panels and deteriorating vertical joints were allowing water into the facility. Under this contract, the contractor will grind out and re -caulk the cracks and remove and replace the deteriorating caulk from the vertical joints with air and weather seals. The contractor will also seal the roof flashing where the office area roof abuts the precast panels. Proposals were received from four companies and were evaluated for both cost and compliance with the specifications. Of the proposals, A. J. Spanjers Company, Inc. met the specifications at the least cost to the City. The total cost for the contract is $11,000. Primary Issues to Consider • Do these repairs need to be made? Yes, the water leakage through the walls has been getting worse each year and has caused damage to interior spaces at the Central Maintenance Facility. Not completing the repair will continue the deterioration of the joints and cracks and further damage the walls and interior spaces. Supporting Information Related Documents (CIP, ERP, etc.): Notes: topher tree Operations & Maintenance Director ation of proposals are attached. Financial Impact: $11,000 Budgeted: Yes Source: Building Fund 4058.6540 Init. _ Document AIOITM - 2007 Standard Form of Agreement Between Owner and Contractor where the basis of payment is a Stipulated Sum AGREEMENT made as of the Tenth day of October in the year Two Thousand Twelve BETWEEN the Owner: City of Lakeville 20195 Holyoke Avenue Lakeville, MN 55044 and the Contractor: A.J. Spanjers Company, Inc. 9257 West River Road Minneapolis, MN 55444 for the following Project: 2012 Precast Panel Leak Repairs Central Maintenance Facility City of Lakeville 7570 179th Street West Lakeville, Minnesota The Architect: 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 attomey is encouraged with respect to its completion or modification. AIA Document A201 TM -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 A101 T " - 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 AlA Document, or any portion of it, may result in severe civil and criminal penalties, and wiii be prosecuted to the maximum extent possible under the law. This document was produced by AlA software at 08:24:52 on 10/10/2012 under Order No.4964961366_1 which expires on 08/08/2013, and is not for resale. User Notes: (1801085773) I Init. 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 fully 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 the date of this Agreement unless a different date is stated below or provision is made for the date to be fixed in a notice to proceed issued by the Owner. (Paragraphs deleted) § 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) October 26, 2012 , subject to adjustments of this Contract Time as provided in the Contract Documents. The Contractor and the Contractor's surety, if any, shall be liable for and shall pay the Owner $250.00 as liquidated damages for each calendar day of delay until the Work is substantially complete. ARTICLE 4 CONTRACT SUM § 4.1 The Owner shall pay the Contractor the Contract Sum in current funds for the Contractor's performance of the Contract. The Contract Sum shall be Eleven Thousand Dollars ($ 11,000.00 ), 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: 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 AlA Document is protected by U.S. Copyright Law and International Treaties. Unauthorized reproduction or distribution 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 08:24:52 on 10/10/2012 under Order No.4964961366_1 which expires on 08/08/2013, and is not for resale. User Notes: (1801085773) Init. N/A § 4.3 Unit prices, if any: (Paragraph deleted) Item Units and Limitations Price Per Unit ($0.00) Additional sealant replacement LF 7.50 Reduction in sealant replacement LF 4.88 Additional precast panel crack repairs LF 11.50 Reduction in precast panel crack repairs LF 7.50 § 4.4 Allowances included in the Contract Sum, if any: (Paragraph deleted) Item Price N/A 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 Sum 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; .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. 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 AlA 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 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 08:24:52 on 10/10/2012 under Order No.4964961366_1 which expires on 08/08/2013, and is not for resale. User Notes: (1801085773) Init. § 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 full 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 Document 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 Work, to reduce or limit the retainage resulting from 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 limitation.) § 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. 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: I (Paragraph deleted) [ ] Arbitration pursuant to Section 15.4 of AIA Document A201 -2007 [X] [ ] Litigation in a court of competent jurisdiction Other (Spec) AIA Document Al 01 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 AIA 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 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 08:24:52 on 10/10/2012 under Order No.4964961366_1 which expires on 08/08/2013, and is not for resale. User Notes: (1801085773) Init. 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 maybe 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. 1.50 % monthly § 8.3 The Owner's representative: City of Lakeville 20195 Holyoke Avenue Lakeville, MN 55044 § 8.4 The Contractor's representative: A.J. Spanjers Company, Inc. 9257 West River Road Minneapolis, MN 55444 § 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. § 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: 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.S. Copyright Law and International Treaties. Unauthorized reproduction or distribution of this AIA 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 08:24:52 on 10/10/2012 under Order No.4964961366_1 which expires on 08/08/2013, and is not for resale. User Notes: (1801085773) Init. t DIVISION 01 GENERAL REQUIREMENTS 01 10 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 (Table deleted) DIVISION 07 THERMAL AND MOISTURE PROTECTION 07 92 00 Joint Sealant § 9.1.5 The Drawings: 1 Elevations and Scope of Work Notes 2 Elevations 3 Elevations 4 Elevations 5 Details (Table deleted) § 9.1.6 The Addenda, if any: Number Date Pages 1 August 30, 2012 1 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. (Paragraphs deleted) ARTICLE 10 INSURANCE AND BONDS Delete the Supplement (attachment to 00 72 00 in the original Bidding Documents). The Contractor shall purchase and maintain insurance and provide bonds as follows: • Worker's Compensation Insurance Coverage A Statutory Coverage B $500,000 each accident $500,000 disease - policy limit $500,000 disease - each employee • Commercial General Liability $2,000,000 General Aggregate $2,000,000 Products /Completed Operations Aggregate $2,000,000 Each Occurrence $2,000,000 Personal Injury • Comprehensive Automobile Liability $2,000,000 Combined single limit - bodily injury and property damage All owned- non -owned and hired vehicles. • Umbrella Excess Liability $2,000,000 Each occurrence $2,000,000 Aggregate AIA Document A101 M - 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.S. Copyright Law and International Treaties. Unauthorized reproduction or distribution 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 byAlA software at 08:24:52 on 10/10/2012 under Order No.4964961366_1 which expires on 08/08/2013, and is not for resale. User Notes: (1801085773) Init. Umbrella excess liability shall be a combined single limit, which shall provide excess liability insurance over Commercial General Liability, Comprehensive Automobile Liability, and Employers Liability. The Owner shall be included as an additional insured on the Commercial Liability Comprehensive Automobile Liability, and Umbrella Excess Liability policies. This coverage shall be primary and noncontributory. Certificates of insurance acceptable to the Owner shall be filed with the Owner prior to commencement of the Work. These certificates and the insurance policies shall contain a provision that coverage afforded under the policies will not be cancelled or allowed to expire until at least 30 days' prior written notice has been given to the Owner. (Table deleted) This Agreement entered into as of the day and year first written above. OWNER (Signature) C • NTRACTOR (Signa re) l (Printed name and title) (Printed name and title AIA Document A101 T" - 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 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 08:24:52 on 10/10/2012 under Order No.4964961366_1 which expires on 08/08/2013, and is not for resale. User Notes: (1801085773) DAcfSNi Bid Item 4 I el u x v") l.... 6a 0 'O .6 P 0 69 O b Bid Item 3 Q f J C v 69 C C.. a GR r 00'5i $ 00'91 $ Z Baal MEd 88 $ 00'9 $ SS'7 08'9 $ I wall p! ' I Aromas OS'L $� ' 00'8 $ L 00'L $ 2 08.6 i ille 3ane1 Leak Repairs 12 @2:OOPM 1 i � Y PM MO 00'000`1 $ L00'OOS`L1 $T [00'9SL`61 $ $ 30,300.00 C Addendum I X T oN X X i I CONTRACTOR 1 AJ Spanjers Company 'The Caulkers Company !American Masonry Restoration LACME Tuckpointing & Restoratic