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4.9 SR 02-20-2024Request for Action To Item Number Mayor and City Council 4.9 Agenda Section Meeting Date Prepared by Consent Agenda February 20, 2024 Brandon Wisner, Engineering Project Manager Item Description Reviewed by Accept Quote for Trott Brook Barn Remodel Cal Portner, City Administrator Reviewed by Action Requested Approve, by motion, quote from Dahlheimer Construction, Inc. for $55,496.00 for exterior replacement of the Trott Brook Barn. Background/Discussion Since the original opening of the barn in approximately 1999, the exterior components have passed their useful life (roof shingles, siding, doors and windows). Staff received one quote from Dahlheimer Construction and another from Baas Construction, Inc. in the amount of $58,500. Staff recommends Dahlheimer Construction as the lowest bidder. Financial Impact $55,496.00 from Government Building Reserve Fund Mission/Policy/Goal Opportunity to live, work, and play Attachments ■ Dahlheimer Construction, Inc. Quote ■ Short Contract ■ Baas Construction, Inc. Quote The Elk River Vision A welcoming community with revolutionary and spirited resourcefulness, exceptional service, and community engagement that encourages and inspires pi ospei l_ y. M TUREJ Updated: Januag 2023 Dahlheimer Construction Inc. 21309 150th St Elk River, MN 55330 US 763-442-7699 dcinc77@yahoo.com ADDRESS MSPM Brandon Wisner City of Elk River DATE ACTIVITY Estimate 1136 DESCRIPTION 40 DARL-140AAER: CONSTRUCTION INC. DATETOTAL 0 $55,496.00 QTY RATE AMOUNT Estimate Tor U.UU Windows,Siding,Shingles replacement @ 18300 Trott Brook NW,Elk River,MN. Construction Windows, Doors,Siding,Roofing 1 27,900.00 27,900.00 Materials - Construction R/R Siding Labor- 1 10,500.00 10,500.00 Construction R/R Roofing Labor- 1 4,350.00 4,350.00 Construction R/R Window & Door Labor- 1 4,375.00 4,375.00 Construction Debris Removel- 1 2,500.00 2,500.00 Construction Contractor Fee- 1 5,871.00 5,871.00 TOTAL Accepted By Accepted Date $55,496.00 THANK YOU. AGREEMENT CITY OF ELK RIVER, SHERBURNE COUNTY, MINNESOTA Trott Brook Barn Exterior Replacement AGREEMENT made this 20 day of February, 2024, between the CITY OF Elk River, a Minnesota municipal corporation ("City"), and Dahlheimer Construction, Inc., a corporation organized and existing under the laws of the State of Minnesota ("Contractor"). IN CONSIDERATION OF THE MUTUAL UNDERTAKINGS HEREIN CONTAINED, THE PARTIES 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. Project Description: Replace roof shingles, siding, (2) exterior doors and all windows. C. Quote dated February 4, 2024. In the event of 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 "C" 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 and in compliance with federal, state and local laws. 3. CONTRACT PRICE. Owner shall pay Contractor for completion of the Work, in accordance with the Contractor's quote. 4. 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. 5. TIME OF PERFORMANCE. The Contractor shall complete its obligations on or before May 25, 2024. 1 221667vi 6. PAYMENT. When the obligations of the Contractor have been fulfilled, inspected, and accepted, the City will pay the Contractor. Such payment shall be made not later than thirty (30) days after completion, certification thereof, and invoicing by the Contractor. 7. PROMPT PAYMENT TO SUBCONTRACTORS. Pursuant to Minnesota Statute § 471.425, 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 one and one-half percent (11/2 %) per month or any part of a month to 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. A subcontractor who prevails in a civil action to collect interest penalties from the Contractor shall be awarded its costs and disbursements, including attorney's fees, incurred in bringing the action. 8. WORKER'S COMPENSATION. Pursuant to Minnesota Statute § 176.182 Contractor must provide acceptable evidence of compliance with the state Workers' Compensation insurance requirements for all its employees and, in case any work is subcontracted, Contractor will require the subcontractor to provide Workers' Compensation insurance or acceptable evidence of compliance in accordance with the statutory requirements of the State of Minnesota. 9. COMMERCIAL GENERAL LIABILITY. Contractor shall obtain the following minimum insurance coverage by a single policy or a combination of policies (including umbrella policies) and maintain it at all times throughout the life of the Contract, with the City endorsed as an additional insured: 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 The Additional Insured coverage must be primary and non-contributory. Products and Completed Operations Insurance shall be maintained for a minimum period of three (3) years after final payment and Contractor shall continue to provide evidence of such coverage to City on an annual basis during the aforementioned period; or if any reason Contractor's work ceases before final payment, for a minimum period of three (3) years from the date Contractor ceases work. Coverages must be equivalent to that provided by ISO Forms CG 20 10 04 13 and CG 20 37 04 13. Property Damage Liability Insurance shall include coverage for the following hazards: X (Explosion) C (Collapse) U (Underground) 2 22i667vi For any contract involving the repair, maintenance or construction of property that involves the provision of equipment, supplies or materials to the City for projects greater than $100,000, the Contractor shall obtain and maintain Builder's Risk insurance in an amount not less than the project or contract cost. Contractual Liability (identifying the contract): Bodily Injury: $2,000,000 each occurrence Property Damage: $2,000,000 each occurrence $2,000,000 aggregate Personal Injury, with Employment Exclusion deleted: $2,000,000 aggregate Business Automobile Liability (owned, non -owned, hired): Bodily Injury & Property Damage: $2,000,000 each occurrence $2,000,000 each accident or $2,000,000 Combined single limit The Contractor shall submit a Certificate of Insurance to the City showing proof of the above -required insurance prior to doing any work. The City retains the right to revise the insurance requirements depending on the size and risk of the proj ect. 10. PERMITS AND LICENSES; RIGHTS -OF -WAY AND EASEMENTS. The Contractor shall procure all permits and licenses, pay all charges and fees therefore, and 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. 11. DATA PRACTICES/RECORDS. A. 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. B. All books, records, documents, and accounting procedures and practices of the Contractor and its subcontractors, if any, relative to this Contract are subject to examination by the City. 3 221667vi 12. WARRANTY. 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 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. 13. DEFENSE OBLIGATION. To the fullest extent permitted by law, the Contractor shall indemnify, defend, and hold harmless the City and its officials, employees and agents, against claims, damages, losses and expenses, including reasonable attorneys' fees, arising out of or resulting from performance of the Contractor's work, provided that such claim, damage, loss or expense is attributable to bodily injury, sickness, disease or death, or to injury to or destruction of tangible property, other than the work itself, but only to the extent caused by the negligent or wrongful acts or omissions of the Contractor, a Subcontractor, anyone directly or indirectly employed by them or anyone for whose acts they may be liable. 14. 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. 15. GOVERNING LAW. The laws of the State of Minnesota govern the interpretation of this Contract. 16. SEVERABILITY. If any provision, term, or condition of this Contract is found to be or become unenforceable or invalid, it shall not affect 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 Contract shall continue in full force and effect and shall continue to operate as the parties' entire contract. 17. 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. CITY: CONTRACTOR: CITY OF ELK RIVER Mayor Its City Clerk [print name] [title] 4 221667vl • NEW DAI CONSTRUCTION, INC. HOMES • ADDITIONS • REMODELING • COMMERCIAL • February 9, 2024 City of Elk River: Trott Brook Farms Park 18300 Trott Brook Pkwy, Elk River, MN 55330 The following quote is based on the discussion had between the city representative and Baas Construction. This quote should represent the majority of answers to your questions. 1. Permit by City of Elk River. 2. Tear off two layers of shingles. Install new white drip edge. Install 25 square of new black asphalt shingles. Brand to be chosen by owner. Options are Certainteed Landmark or Timberline GAF. If there are gaps in the roof boards bigger than V2" and the roof does not have sheathing on it, the warranty for the shingles will be void. If we need to install sheathing on the roof to keep the shingle warranty the price would be $25 per sheet to install and the cost of sheathing. The price of installing new roof sheathing is not included in this price. $149800.00. 3. Replace side and back service doors. Double doors on front to stay. $59500.00. 4. Replace 12 windows with grids. Non operable. Window trim on inside to stay and be re used. Price does not include stripping and re staining of interior window trim. Extending the jambs to the new windows is included if necessary. $99000.00. i 11834 97th Street — Milaca, Minnesota 56353 — (320) 369-4338 "QUALITY WORKMANSHIP" 5. Remove steel siding on building and walls around garbage containers. Install housewrap. Install 275 3/8x8-16' Textured Expert pre finished LP Lap siding. We are assuming the wall sheathing to be in good shape with the studs to be 16" on center, $29,200.00. 6. All garbage is to be removed. For the above described construction, your investment will be: .8 00 00 choseIfyou / hire Baas I / / / complete would like to be responsiblefor this project in its entirety. Any person or company supplying labor or materials for this improvement to your property may file a lien against your property if that person or company is not paid for the contributions. Under Minnesota law, you have the right to pay persons who supplied labor or materials for this improvement directly and deduct this amount from us until 120 days after completion of the improvement unless we give you a lien waiver signed by persons who supplied any labor or material for the improvement and who gave timely notice. INT. 2 Payment We request that we receive $5,000.00 down payment and to collect the balance after work is completed. Changes Deviations from the plans and proposal shall require a written change order signed by both parties prior to beginning the additional work. Changes will be billed for material, labor at $60.00 per man hour, plus a 15 percent profit and overhead fee. Conditions Please be aware that our proposal consists of those items listed in writing as discussed with the city. If you choose to proceed with the work, please be sure all items you wish to have included are listed, in writing, in this proposal. Sincerely, 3�PA4-- Brent Baas, Baas Construction, Inc. Note: This proposal may be withdrawn by us if not accepted within 30 days. All aireements contingent upon strikes, accidents, weather or delays beyond our control. Acceptance of Proposal: The above price, specifications and conditions are satisfactory and are hereby accepted. You are authorized to do the work as specified. Date of Acceptance: Signature: