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HomeMy WebLinkAboutItem 06.eL � March 1, 2010 \� Item No. CONTRACT WITH MCPHILLIPS BROTHERS ROOFING COMPANY FOR THE REROOF OF CITY HALL Proposed Action Staff recommends adoption of the following motion: Move to approve the Contract with McPhillips Brothers Roofing Company for the Reroof of City Hall. Overview The City Hall north wing has a membrane roof which is 20 years old; the normal useful life of a membrane roof is 12-15 years. The 2010 Building Fund budget provides $155,000 for the re -roofing of City Hall. Plans and specifications were prepared and bids for the reroof project were opened on February 18. Fifteen bids were received for the project of which McPhillips Brothers Roofing Company submitted the lowest base bid of $68,000. Primary Issues to Consider ❖ Budget status. The contract ($68,000) is under budget by more than $80,000. ❖ Contractor qualifications. McPhillips Brothers Roofing has in recent years done the reroofs of Fire Stations 1, 2 and 3 as well as the Public Works Storage Facility. The company provides excellent workmanship. ❖ Bid Tabulations. See attached. Supporting Information • None on. pw-d; ance Director Financial Impact: $ 68,000 Budgeted: Yes. Source: Building Fund Related Documents (CIP, ERP, etc.): Notes: Primary Issues to Consider BID TABULATION Contractor Base Bid U.P. 1 Iso + Per Board Ft. U.P. 2 Iso - Board Ft. McPhillips Bros. Roofing Co. 68,000.00 3.50 2.50 Palmer West Construction 87,700.00 1.25 .95 Dalco Roofing & Sheet Metal, Inc. 88,888.00 1.05 .87 Stock Roofing Co., LLC 97,013.00 1.00 .75 B & B Sheet Metal & Roofing 98,759.00 1.76 1.35 Commercial Roofing & Sheet Metal 106,269.00 1.45 1.27 Dalbec Roofing, Inc. 106,694.00 1.10 .72 Central Roofing Company 111,200.00 1.05 1.10 Berwald Roofing Company 111,333.00 1.00 .75 Bernard L. Dalsin Company 112,800.00 1.50 N/A Peterson Bros Roofing & Const. 114,225.00 1.85 1.35 John A. Dalsin & Son 116,719.00 1.60 1.20 Lake Area Roofing & Const. 117,000.00 1.95 1.45 Thomas Finn Company 126,600.00 3.00 1.95 Nieman Roofing Company, Inc. 129,900.00 2.25 1.75 Document A101TM -2007 Standard Form of Agreement Between Owner and Contractor where the basis of payment is a Stipulated Sum AGREEMENT made as of the Twenty-second day of February in the year Two Thousand Ten (In words, indicate day, month 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 North St. Paul, MN 55109 for the following Project: (Name, location and detailed description) 2010 Partial Reroofing Lakeville City Hall 20195 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. This document has important legal consequences. Consultation with an attorney is encouraged with respect to its completion or modification. AIA Document A2011-2007, 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. Init. AIA Document A110TM — 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 AIAe Document is protected by U.S. Copyright Law and International Treaties. Unauthorized reproduction or distribution of this AIAe 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 11:04:16 on 02/22/2010 under Order No.6706454534_1 which expires on 01/07/2012, and is not for resale. User Notes: (1249390404) TABLE OF ARTICLES 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. interests,if-, pr-ier- te the eeffffneneement efthe Wefk, the Qvmer- requires time to file FneAga-ges and ether- seeafity the Gm A shall be as fellews. April 12, 2010 § 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 ( ) days from the date of commencement, or as follows: 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 Init. Institute of Architects. All rights reserved. WARNING: This AIA® 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 under the law. This document was produced by AIA software at 11:04:16 on 02/22/2010 under Order No.6706454534_1 which expires on 01/07/2012, and is not for resale. User Notes: (1249390404) The Contractor shall achieve Substantial Completion of the entire Work not later than May 28, 2010. 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 Two Hundred Fifty Dollars ($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 Sixty-eight Thousand Dollars and Zero Cents $68,000.00 , 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: N/A § 4.3 Unit prices, if any: Item Units and Limitations Additional isocyanurate insulation Bd. Ft. replacement Reduction in isocvanurate insulation Bd. Ft. replacement § 4.4 Allowances included in the Contract Sum, if any: I Item Price N/A ARTICLE 5 PAYMENTS § 5.1 PROGRESS PAYMENTS Price Per Unit ($0.00) 3.50 2.50 § 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 menth, month § 5.1.3 Provided that an Application for Payment is received by the Architect not later than the 1 st day of a month, the Owner shall make payment of the certified amount to the Contractor not later than the last 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 twen ( ID days after the Architect receives the Application for Payment. (Federal, state or local laws may require payment within a certain period of time.) Init. 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 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 11:04:16 on 02/22/2010 under Order No.6706454534_1 which expires on 01/07/2012, and is not for resale. User Notes: (1249390404) § 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 A201T"--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. § 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: § 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: AIA Document A1011^ — 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 4 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 11:04:16 on 02/2212010 under Order No.6706454534_1 which expires on 01/07/2012, and is not for resale. User Notes: (1249390404) Minn Stat 290 92 requires the City to obtain a Withholding Affidavit for Contractors Form IC -134 before making final payments to Contractors This form needs to be submitted by the Contractor to the Minnesota Department of Revenue for annroval. 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. § 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: beiew, ep- de not subsequendy agree it? isr4sing to a binding &Vuie msehifien method eMer than h6ga6em C4aimts [ ] Arbitration pursuant to Section 15.4 of AIA Document A201-2007 [ XI Litigation in a court of competent jurisdiction [ ] Other (Spec) 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. MIR § 8.3 The Owner's representative: R�ame, address and ethef itv of Lakeville 20195 Holyoke Avenue Lakeville, MN 55044 § 8.4 The Contractor's representative: (Name, address and other information) knit 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 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 11:04:16 on 02/22/2010 under Order No.6706454534_1 which expires on 01/07/2012, and is not for resale. User Notes: (1249390404) McPhillips Bros Roofing Company 2590 Centennial Drive North 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 Al01-2007, 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 Sunylement man.- Rent Tide Date Rages § 9.1.4 The Specifications: (Either list the Specifications here or refer to an exhibit attached to this Agreement.) DIVISION 01 GENERAL REQUIREMENTS 01 1000 Summary 01 2000 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 7000 Execution Requirements DMSION 06 WOOD, PLASTICS, AND COMPOSITES 06 10 00 Rough Carpentry DIVISION 07 THERMAL AND MOISTURE PROTECTION 07 51 00 Built -Uv Bituminous Roofing 07 62 00 Sheet Metal Flashing and Trim Sestiel} Title Date Rages 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 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 maximum extent possible under the law. This document was produced by AIA software at 11:04:16 on 02/22/2010 under Order No.6706454534_1 which expires on 01/07/2012, and is not for resale. User Notes: (1249390404) § 9.1.5 The Drawings: (Either list the Drawings here or refer to an exhibit attached to this Agreement.) 1 Roof Plan, Key Plan, Details 2 Details Numbe Title Sate § 9.1.6 The Addenda, if any: Number Date Pages N/A 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. 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 liabilityfor insurance required in Article 11 of AIA Document A201-2007.) Type of insurance or bond Refer to Supplement Limit of liability or bond amount ($0.00) This Agreement entered into as of the day and year first written above. OWNER (Signature) Mayor (Printed name and title) C1ry er - 12J;►,T<! CONTRACTOR (Signature) , (Printed name and title) Init. 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 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 11:04:16 on 02/22/2010 under Order No.6706454534_1 which expires on 01/07/2012, and is not for resale. User Notes: (1249390404)