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Item 06.d
=WN:M Date: 11 February 2014 Item No. RESOLUTION ACCEPTING BIDS AND AWARDING THE CONTRACT FOR CITY HALL ADA DOOR UPGRADES TO SCHREIBER MULLANEY Proposed Action Staff recommends adoption of the following motion: Move to accept bids for the City Hall ADA door upgrades and award the contract Scheiber Mullaney. Passage of this motion allows the contractor to start work to upgrade the doors at City Hall to make access easier for those with disabilities. Overview In March 2013, the City commissioned a study to determine the compliance its facilities with the American's with Disabilities Act (ADA). That study resulted in a prioritized list of areas in which the City was not compliant. High on the list of priorities was the installation of power assist door openers at each of the three exterior vestibules at City Hall. Work under the contract will include modifications to the entrances to install new accessibility power assist door openers as well as security improvements to the north and west wing entrances. Bids for this project were advertised on 20 December 2013 and sealed bids were opened on 16 January 2014. Of the eight companies responding, Schreiber Mullaney was the lowest responsible bidder for this project with a bid of $51,214.00. Award of the contract is based on the lowest responsible bid. Staff recommends acceptance of the bids and award of the contract to Schreiber Mullaney. Primary Issues to Consider • Are the door upgrades necessary? Yes. Beyond compliance with the ADA, the City's ability to adequately serve residents and visitors is hampered by difficulties in accessing City Hall. This restricted accessibility impacts the ability of some to vote or simply to access the facility to participate in municipal government. Supporting Information • A c f the b and contract are attached. rist . Petree Public Works Director Financial Impact: $51,214.00 Related Documents (CIP, ERP, etc.): Notes: Budgeted: Yes Source CDBG Funds CITY OF LAKEVILLE RESOLUTION NO: RESOLUTION ACCEPTING BIDS AND AWARDING THE CONTRACT FOR CITY HALL ADA DOOR UPGRADES TO SCHREIBER MULLANEY WHEREAS, notices to bidders for the acceptance of sealed bids for City Hall ADA Door Upgrades were officially published on 20 December 2013, and WHEREAS, sealed bids were opened at 2:00 p.m. on 16 January 2014, and WHEREAS, the lowest responsible bidder for the project was Schreiber Mullaney, 1286 Hudson Road, St. Paul, Minnesota, with a bid of $51,214.00. NOW, THEREFORE, BE IT RESOLVED, that the bids are accepted for the ADA door upgrades at City Hall and the contract is awarded to Schreiber Mullaney. APPROVED AND ADOPTED this 18 day of February 2014 by the City Council of the City of Lakeville. CITY OF LAKEVILLE Matt Little, Mayor ATTEST: Charlene Friedges, City Clerk Z N N. m Q w Q � � � o � o � m .k U) 0 O V C ca N m L D O O a 0 bi 2 IL 0 a N C h ' r � N M � r G 0 Q V V 0 C21 Eal Y N m V � - IO O O O Cl O O M U') O O O O O O m D N IV O O M IQ fD O LO O M lO W m a 69 fA 69 (9 64 6% fit Y U) e m p e ' M co Q m w c0 O O L O cis CO O M N M m w E!4 f*4 ff? ffl 69 6 fH c m Q 'O '0 cm LO O O O w O O � m C O O O N N O N N 0 m 0 to 6% D a Z x x x x x x x x m y x x x x x x x x c m CL O N > U r co co O n LO O LO 2 LO C � C N l� o O O O I � 0 Z C C D O M 0) >> T 2> m- 0 0 Q Z M U Cl) M p O co I O C O O v d' LO c0 r O ` N f6 O co fn 1� �' •- t 5 O O - Q' N Ic Of In � O 2 �` Z E O t� O) ai V Ic I� Q d O 'O L o co co n N Z 7 5 p 0 O U a IO N a O ` 0 ) y In _ M N 0 3 IO IO c O I[) � c co O c IO O C P- f� Z G1 7 c O v O C N 2 a6 cc N rn , I N C c a O a ' d'T O c O N v y j 0 44 M O t U U N O j N c0 Y N CO ) U N C U f- rn co � C_ I U U) � N O N�� LO O U � Cl) U J C m = m d GI a d O O n N M 2 N O 3 O 2 p fn O N 2 w 0 O N C L C = O O O 0 to O Y (� E fOD L W d M Q H a M O = W N L) (L T r en d N 2 d O N O= fn s M d m p> 2 00 >a Q M f0 2 d' N Sa- O N 2 cn (n EL � ® TM .b� Document A101 —2007 Standard Form of Agreement Between Owner and Contractor where the basis of payment is a Stipulated Sum AGREEMENT made as of the Eighteenth day of February in the year Two Thousand and Fourteen. (In words, indicate day, month and year) BETWEEN the Owner: (Name, address and other information) City of Lakeville 20195 Holyoke Avenue Lakeville, Minnesota 55044 and the Contractor: (Name, address and other information) Schreiber Mullaney 1286 Hudson Road Saint Paul, Minnesota 55106 for the following Project: (Name, location, and detailed description) City Hall ADA Door Upgrades Lakeville City Hall 20195 Holyoke Avenue Lakeville, Minnesota 55044 The Architect: (Name, address and other information) Wold Architects and Engineers 305 St. Peter Street Saint Paul, Minnesota 55102 Telephone Number: 651- 227 -7773 Fax Number: 651- 223 -5646 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 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 A701' — 2007. Copyright ©1915, 1918, 1925, 1937, 1951, 1958, 1961, 1963, 1967, 1974, 1977, 1987, 1991, 1997 and 2007 by The American Init. 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 I maximum extent possible under the law. This document was produced by AIA software at 14:10:56 on 02/11/2014 under Order No.5509786678_1 which expires on 01/24/2015, and is not for resale. User Notes: (960848211) TABLE OF ARTICLES THE CONTRACT DOCUMENTS THE WORK OF THIS CONTRACT 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 to 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. (Insert the date of commencement f it differs from the date of this Agreement or, if applicable, state that the date will be fixed in a notice to proceed.) Date of this agreement. § 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 as follows: (Insert number of calendar days. Alternatively, a calendar date may be used when coordinated with the date of commencement If appropriate, insert requirements for earlier Substantial Completion of certain portions of the Work.) (Table deleted) , subject to adjustments of this Contract Time as provided in the Contract Documents. 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 Init. Institute of Architects. All rights reserved. WARNING: This Al a Document is protected by U.S. Copyright Law and International Treaties. Unauthorized 2 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 underthe law. This documentwas produced byAlA software at 14:10:56 on 02/11/2014 under Order No.5509786678_1 which expires on 01/24/2015, and is not for resale. User Notes: (960848211) (Insert provisions, if any, for liquidated damages relating to failure to achieve Substantial Completion on time or for bonus payments for early completion of the Work.) i June 1, 2014. 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 Fifty -One Thousand, Two Hundred and Fourteen Dollars and No Cents ($51,214.00 ), 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: (State the numbers or other identification of accepted alternates. If the bidding or proposal documents permit the Owner to accept other alternates subsequent to the execution of this Agreement, attach a schedule of such other alternates showing the amount for each and the date when that amount expires.) § 4.3 Unit prices, if any: (Identify 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 § 4.4 Allowances included in the Contract Sum, if any: (Identify allowance and state exclusions, if any, from the allowance price) Item 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 25 day of the month, or as follows: § 5.1.3 Provided that an Application for Payment is received by the Architect not later than the 1st day of a month, the Owner shall make payment of the certified amount to the Contractor not later than the 30 day of the same 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-five ( 35 ) 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. 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 [nit. Institute of Architects. All rights reserved. WARNING: This AIA Document is protected by U.S. Copyright Law and International Treaties. Unauthorized 3 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 t maximum extent possible under the law. This document was produced by AIA software at 14:10:56 on 02/11/2014 under Order No.5509786678_1 which expires on 01/24/2015, and is not for resale. User Notes: (960848211) 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% ). 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 five percent ( 5% ); .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 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) 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: N/A (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 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 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.) Init. 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 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 t maximum extent possible under the law. This documentwas produced by AIA software at 14:10:56 on 02/11/2014 under Order No.5509786678_1 which expires on 01/24/2015, and is not for resale. User Notes: (960848211) § 6.2 BINDING DISPUTE RESOLUTION For any Claim, the method of binding dispute resolution shall be as follows: (Check the appropriate box. If the Owner and Contractor do not select a method 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) [ X ] Arbitration pursuant to Section 15.4 of AIA Document A201 -2007 [ X ] Litigation in a court of competent jurisdiction if demanded by Owner. [ ] Other (Specify) 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) 1 '/2% per month (MN Statute 471.425. § 8.3 The Owner's representative: (Name, address and other information) Neil Normandin City of Lakeville 20195 Holyoke Avenue Lakeville, Minnesota 55044 § 8.4 The Contractor's representative: (Name, address and other information) Bruce Schreiber Schreiber Mullaney 1286 Hudson Road Saint Paul, Minnesota 55106 § 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: Init. 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 AIA! Document is protected by U.S. Copyright Law and International Treaties. Unauthorized 5 reproduction or distribution of this Ale Document, or any portion of it, may result in severe civil and criminal penalties, and will be prosecuted to the t maximum extent possible under the law. This document was produced by AIA software at 14:10:56 on 02/11/2014 under Order No.5509786678_1 which expires on 01/24/2015, and is not for resale. User Notes: (960848211) 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: N/A Document Title Date Pages § 9.1.4 The Specifications: (Either list the Specifications here or refer to an exhibit attached to this Agreement.) As listed m the Project Manual Table of Contents. (Table deleted) § 9.1.5 The Drawings: (Either list the Drawings here or refer to an exhibit attached to this Agreement.) As listed on the Drawing Cover Sheet. (Table deleted) § 9.1.6 The Addenda, if any: Number One Two Date Pages January 7, 2014 One page January 14, 2014 One page 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. (List here any additional documents that are intended to form part of the Contract Documents. AIA Document A201 -2007 provides that bidding requirements such as advertisement or invitation to bid, Instructions to Bidders, sample forms and the Contractor's bid are not part of the Contract Documents unless enumerated in this Agreement. They should be listed here only if intended to be part of the Contract Documents) (Paragraphs deleted) ARTICLE 10 INSURANCE AND BONDS The Contractor shall purchase and maintain insurance and provide bonds as set forth in Article 11 of AIA Document A201 -2007. (State bonding requirements, if any, and limits of liability for insurance required in Article 11 of AIA Document A201- 2007.) (Row deleted) 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 Init. Institute of Architects. All rights reserved. WARNING: This AIA Document is protected by U.S. Copyright Law and International Treaties. Unauthorized 6 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 t maximum extent possible under the law. This document was produced byAlA software at 14:10:56 on 02/11/2014 under Order No.5509786678_1 which expires on 01/24/2015, and is not for resale. User Notes: (960848211) This Agreement entered into as of the day and year first written above. OWNER (Signature) (Printed name and title) CONTRACTOR (Signature) (Printed name and title) Init. 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 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 byAIA software at 14:10:56 on 02/11/2014 under Order No.5509786678_1 which expires on 01/24/2015, and is not for resale. User Notes: (960848211)