4.11. SR 07-15-2013 City of
Elk - Request for Action
River O.
To Item Number
Mayor and City Council 4.11
Agenda Section Meeting Date Prepared by
Consent July 15, 2013 Tim Simon, Finance Director
Item Description Reviewed by
Fire Station #1 Roof Replacement Project Gary Lore,Building Maintenance Supervisor
Reviewed by
Cal Portner, City Administrator
Action Requested
Approve by motion an agreement with B&B Sheet Metal&Roofing,Inc. in the amount of$98,900 for
the Fire Station#1 roof replacement project.
Background/Discussion
The Fire Station#1 (Jackson Ave.) roof replacement has been planned for a number of years in the
Capital Improvement Plan (CIP). The roof consists of five sections. Sections 1, 2, and 3 will be
completed as part of this project. Section 1, at 42 years old,is the oldest section while sections 2 and 3
are 31-years old (1982). Sections 4& 5 were completed in 2006 and will not be replaced. The old
sections have lasted well beyond life expectancy but are showing signs of failure. The building
maintenance staff has kept up on timely repairs and maintenance,preventing damage to the insulation.
Gary Lore,Building Maintenance Supervisor, solicited quotes from a number of companies that work on
commercial buildings and listed below are the three submitted.
• B&B Sheet Metal&Roofing, Inc. - $98,900
• Bear Roofing&Exteriors,Inc. - $99,875
• Thelen Heating&Roofing, Inc. - $104,000
Staff has worked with B&B Sheet Metal&Roofing,Inc.,and has been satisfied with their work and
recommends approval. In addition, a 20-year warranty is included in the contract price.
Financial Impact
The 2013-2017 CIP included a budget of$104,050 for the reroof project. The estimated project cost was
$98,000. The award of$98,900 will be funded out of the Government Building Reserve Fund.
Attachments
■ 2013-2017 CIP (Page 54)
P a w E A E U a r
NaA f RE]
Capital Improvement Plan 2013 thru 2017
City of Elk River, Minnesota
Project# BL-1
Project Name Fire Station#1 projects
Type Maintenance Department Public Buildings
Useful Life 25 years Contact Fire Chief
Category Building Maintenance Priority n/a
Description
Roof repair at Fire Station#1 (2013)
Furnace and water heater replacement at Fire Station#1 (2013)
Concrete floor repairs at Fire Station 41 (2015)
Justification
Roof Repair-The roof is over 27 years old and the building maintenance department has been repairing leaks quite often lately and the roof is
beyond its life expectancy.
Furnace Replacement-The furnace is several years old and starting to have maintenance and mechanical issues.
Concrete Floor Repairs- The concrete floor around the drains is in need of repair,
Expenditures 2013 2014 2015 2016 2017 Total
Building Maintenance 116,250 48,000 164,250
Total 116,250 48,000 164,250
Funding Sources 2013 2014 2015 2016 2017 Total
Government Buildings Reserve 116,250 48,000 164,250
Total 116,250 48,000 164,250
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2013-2017 CAPITAL IMPROYLMENTPLAN Page 54
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AGREEMENT
BETWEEN CITY OF ELK RIVER AND CONTRACTOR
FOR REROOF CONTRACT
THIS AGREEMENT made this 15 day of_July, 2013, by and between the CITY OF
ELK RIVER, a Minnesota municipal corporation ("Owner" or"City") and B&B Sheet Metal&
Roofing, Inc. ("Contractor"). Owner and Contractor, in consideration of the mutual covenants
set forth herein, agree as follows:
1. CONTRACT DOCUMENTS. The following documents shall be referred to as
the "Contract Documents", all of which shall be taken together as a whole as the contract
between the parties as if they were set verbatim and in full herein:
A. This Agreement.
B. Standard General Conditions of the Construction Contract, EJCDC C-700,
2007, as amended by City of Elk River Supplementary Conditions to the
General Conditions.
C. Specifications prepared by City of Elk River, Gary Lore, Building
Maintenance Supervisor.
D. Drawing, prepared by_Gary Lore, Building Maintenance Supervisor.
E. Contractor's Quote.
In the event of a conflict among the provisions of the Contract Documents, the order in which
they are listed above shall control in resolving any such conflicts with Contract Document"A"
having the first priority and Contract Document"E"having the last priority.
2. OBLIGATIONS OF THE CONTRACTOR. The Contractor shall provide the
goods, services, and perform the work in accordance with the Contract Documents.
3. CONTRACT PRICE. Owner shall pay Contractor for completion of the Work,
in accordance with the Contract $98,900 inclusive of taxes, if any.
4. PAYMENT PROCEDURES.
A. Contractor shall submit Applications for Payment. Applications for
Payment will be processed by the City Building Maintenance Supervisor.
B. Progress Payments; Retainage. Owner shall make 95% progress payments
on account of the Contract Price on the basis of Contractor's Applications
for Payment during performance of the Work.
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C. Payments to Subcontractors.
(1) Prompt Payment to Subcontractors. Pursuant to Minn. Stat. §
471.25, Subd. 4a, the Contractor must pay any subcontractor
within ten(10) days of the Contractor's receipt of payment from
the City for undisputed services provided by the subcontractor.
The Contractor must pay interest of 1 1/2 percent per month or any
part of a month to the subcontractor on any undisputed amount not
paid on time to the subcontractor. The minimum monthly interest
penalty payment for an unpaid balance of$100.00 or more is
$10.00. For an unpaid balance of less than $100.00, the Contractor
shall pay the actual penalty due to the subcontractor.
(2) Form IC-134 (attached) required from general contractor. Minn.
Stat. § 290.92 requires that the City of Elk River 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 approval.
The form is used to receive certification from the state that the
vendor has complied with the requirement to withhold and remit
state withholding taxes for employee salaries paid.
D. Final Payment. Upon final completion of the Work, Owner shall pay the
remainder of the Contract Price as recommended by the Building
Maintenance Supervisor.
5. COMPLETION DATE. The Work must be completed within 180 days after the
date the Contract Times commence to run, and completed and ready for final payment in
accordance with the General Conditions within 180 days after the date when the Contract Times
commence to run.
6. CONTRACTOR'S REPRESENTATIONS.
A. Contractor has examined and carefully studied the Contract Documents
and other related data identified in the Contract Documents.
B. Contractor has visited the Site and become familiar with and is satisfied as
to the general, local, and Site conditions that may affect cost, progress, and
performance of the Work.
C. Contractor is familiar with and is satisfied as to all federal, state, and local
laws and regulations that may affect cost, progress, and performance of
the Work.
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D. Contractor has carefully studied all: (1) reports of explorations and tests
of subsurface conditions at or contiguous to the Site and all drawings of
physical conditions in or relating to existing surface or subsurface
structures at or contiguous to the Site (except Underground Facilities)
which have been identified in the General Conditions and (2) reports and
drawings of a Hazardous Environmental Condition, if any, at the Site.
E. Contractor has obtained and carefully studied (or assumes responsibility
for doing so) all additional or supplementary examinations, investigations,
explorations, tests, studies, and data concerning conditions (surface,
subsurface, and Underground Facilities) at or contiguous to the Site which
may affect cost, progress, or performance of the Work or which relate to
any aspect of the means, methods, techniques, sequences, and procedures
of construction to be employed by Contractor, including any specific
means, methods, techniques, sequences, and procedures of construction
expressly required by the Bidding Documents, and safety precautions and
programs incident thereto.
F. Contractor does not consider that any further examinations, investigations,
explorations, tests, studies, or data are necessary for the performance of
the Work at the Contract Price, within the Contract Times, and in
accordance with the other terms and conditions of the Contract
Documents.
G. Contractor is aware of the general nature of work to be performed by
Owner and others at the Site that relates to the Work as indicated in the
Contract Documents.
H. Contractor has correlated the information known to Contractor,
information and observations obtained from visits to the Site,reports and
drawings identified in the Contract Documents, and all additional
examinations, investigations, explorations, tests, studies, and data with the
Contract Documents.
I. The Contract Documents are generally sufficient to indicate and convey
understanding of all terms and conditions for performance and furnishing
of the Work.
J. Subcontracts:
(1) Unless otherwise specified in the Contract Documents, the
Contractor shall, upon receipt of the executed Contract Documents,
submit in writing to the Owner the names of the Subcontractors
proposed for the work. Subcontractors may not be changed except
at the request or with the consent of the Owner.
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(2) The Contractor is responsible to the Owner for the acts and
omissions of the Contractor's subcontractors, and of their direct
and indirect employees, to the same extent as the Contractor is
responsible for the acts and omissions of the Contractor's
employees.
(3) The Contract Documents shall not be construed as creating any
contractual relation between the Owner and any subcontractor.
(4) The Contractor shall bind every subcontractor by the terms of the
Contract Documents.
7. WORKER'S COMPENSATION. The Contractor shall obtain and maintain for
the duration of this Contract, statutory Worker's Compensation Insurance and Employer's
Liability Insurance as required under the laws of the State of Minnesota.
8. COMPREHENSIVE GENERAL LIABILITY. Contractor shall obtain the
following minimum insurance coverage and maintain it at all times throughout the life of the
Contract, with the City included as an additional name insured on the general liability insurance
on a primary and noncontributory basis. The Contractor shall furnish the City a certificate of
insurance satisfactory to the City evidencing the required coverage:
Bodily Injury: $2,000,000 each occurrence
$2,000,000 aggregate products and
completed operations
Property Damage: $2,000,000 each occurrence
$2,000,000 aggregate
Contractual Liability (identifying the contract):
Bodily Injury: $2,000,000 each occurrence
Property Damage: $2,000,000 each occurrence
$2,000,000 aggregate
Comprehensive Automobile Liability (owned, non-owned, hired):
Bodily Injury: $2,000,000 each occurrence
$2,000,000 each accident
Property Damage: $2,000,000 each occurrence
9. WARRANTY. The Contractor warrants the work for twenty years from the date
of completion. The Contractor shall be held responsible for any and all defects in workmanship,
materials, and equipment which may develop in any part of the contracted service, and upon
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proper notification by the City shall immediately replace, without cost to the City, any such
faulty part or parts and damage done by reason of the same in accordance with the bid
specifications.
10. INDEMNITY. The Contractor agrees to indemnify and hold the City harmless
from any claim made by third parties as a result of the services performed by it. In addition, the
Contractor shall reimburse the City for any cost of reasonable attorney's fees it may incur as a
result of any such claims.
11. PERFORMANCE AND PAYMENT BONDS. Performance and payment
bonds are not required for the doing of any public work if the contract price is $100,000 or less.
On projects of more than $100,000 for the doing of public work a payment bond and
performance bond each in the amount of the contract price must be furnished to the City prior to
commencement of work. The form of the bonds must satisfy statutory requirements for such
bonds.
12. MISCELLANEOUS.
A. Terms used in this Agreement have the meanings stated in the General
Conditions.
B. Owner and Contractor each binds itself, its partners, successors, assigns
and legal representatives to the other party hereto, its partners, successors,
assigns and legal representatives in respect to all covenants, agreements,
and obligations contained in the Contract Documents.
C. Any provision or part of the Contract Documents held to be void or
unenforceable under any law or regulation shall be deemed stricken, and
all remaining provisions shall continue to be valid and binding upon
Owner and Contractor, who agree that the Contract Documents shall be
reformed to replace such stricken provision or part thereof with a valid and
enforceable provision that comes as close as possible to expressing the
intention of the stricken provisions.
D. Data Practices/Records.
(1) All data created, collected, received, maintained or disseminated
for any purpose in the course of this Contract is governed by the
Minnesota Government Data Practices Act, Minn. Stat. Ch. 13, any
other applicable state statute, or any state rules adopted to
implement the act, as well as federal regulations on data privacy.
(2) All books, records, documents and accounting procedures and
practices to the Contractor and its subcontractors, if any, relative to
this Contract are subject to examination by the City.
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E. Software License. If the equipment provided by the Contractor pursuant
to this Contract contains software, including that which the manufacturer
may have embedded into the hardware as an integral part of the
equipment, the Contractor shall pay all software licensing fees. The
Contractor shall also pay for all software updating fees for a period of one
year following cutover. The Contractor shall have no obligation to pay for
such fees thereafter. Nothing in the software license or licensing
agreement shall obligate the City to pay any additional fees as a condition
for continuing to use the software.
F. Patented devices, materials and processes. If the Contract requires, or the
Contractor desires, the use of any design, device, material or process
covered by letters, patent or copyright, trademark or trade name, the
Contractor shall provide for such use by suitable legal agreement with the
patentee or owner and a copy of said agreement shall be filed with the
Owner. If no such agreement is made or filed as noted, the Contractor
shall indemnify and hold harmless the Owner from any and all claims for
infringement by reason of the use of any such patented designed, device,
material or process, or any trademark or trade name or copyright in
connection with the Project agreed to be performed under the Contract,
and shall indemnify and defend the Owner for any costs, liability,
expenses and attorney's fees that result from any such infringement.
G. Assignment. Neither party may assign, sublet, or transfer any interest or
obligation in this Contract without the prior written consent of the other
party, and then only upon such terms and conditions as both parties may
agree to and set forth in writing.
H. Waiver. In the particular event that either party shall at any time or times
waive any breach of this Contract by the other, such waiver shall not
constitute a waiver of any other or any succeeding breach of this Contract
by either party, whether of the same or any other covenant, condition or
obligation.
I. Governing LawNenue. The laws of the State of Minnesota govern the
interpretation of this Contract. In the event of litigation, the exclusive
venue shall be in the District Court of the State of Minnesota for Ramsey
County.
J. Severability. If any provision, term or condition of this Contract is found
to be or become unenforceable or invalid, it shall not effect the remaining
provisions, terms and conditions of this Contract,unless such invalid or
unenforceable provision, term or condition renders this Contract
impossible to perform. Such remaining terms and conditions of the
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Contract shall continue in full force and effect and shall continue to
operate as the parties' entire contract.
K. Entire Agreement. This Contract represents the entire agreement of the
parties and is a final, complete and all inclusive statement of the terms
thereof, and supersedes and terminates any prior agreement(s),
understandings or written or verbal representations made between the
parties with respect thereto.
L. Permits and Licenses; Rights-of-Way and Easements. The Contractor
shall give all notices necessary and incidental to the construction and
completion of the Project. The City will obtain all necessary rights-of-
way and easements. The Contractor shall not be entitled to any additional
compensation for any construction delay resulting from the City's not
timely obtaining rights-of-way or easements.
M. If the work is delayed or the sequencing of work is altered because of the
action or inaction of the Owner, the Contractor shall be allowed a time
extension to complete the work but shall not be entitled to any other
compensation.
OWNER: CONTRACTOR:
CITY OF ELK RIVER
BY: BY:
Mayor
Its:
AND
City Clerk
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