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HomeMy WebLinkAbout08. 15-441OCTOBER 13, 2015 15-441 RESOLUTION (CARRIED___6-0___LOST________LAID OVER________WITHDRAWN________) PURPOSE: APPROVE AGREEMENT FOR PURCHASE OF MATERIALS WITH BUILDING BETTER TOGETHER SUPPLY, LLC FOR THE PUBLIC WORKS FIELD OPERATIONS FACILITY – PHASE III ($651,003.96) INITIATED BY: PURCHASING DEPARTMENT WHEREAS, the Common Council awarded a bid for construction of a road salt storage facility and another heat storage facility near the new Public Works Field Operations Facility; and WHEREAS, initially the materials cost was included with the bid for construction, and WHEREAS, it is more advantageous for the City to purchase materials directly from suppliers. NOW, THEREFORE, BE IT RESOLVED by the Common Council of the City of Oshkosh that the proper City officials are hereby authorized and directed to purchase materials from the following approved source: BUILDING BETTER TOGETHER SUPPLY, LLC 2104 Union Avenue PO Box 1084 Sheboygan, WI 53082-1084 Total Cost $651,003.96 BE IT FURTHER RESOLVED that the proper City officials are hereby authorized and directed to enter into an appropriate agreement for the purpose of same. Money for this purpose is hereby appropriated from: Acct. No. 323-0450-7214-06510 Property Improvement Fund – Central Garage OfHKOJH ON THE WATER MEMORANDUM TO: Honorable Mayor and Members of the Comm Council FROM: James E. Rabe, Director of Public Works 1, DATE: September 17, 2015 RE: Approve Change Order No. 1 for Public Works Contract No. 15-21 for the Public Works Field Operations Facility — Phase III and Agreement for Purchase of Materials BACKGROUND ANALYSIS In March of 2015, the Common Council awarded a bid for construction of a road salt storage facility and another minimal heat storage facility for miscellaneous equipment near the new Public Works Field Operations Facility to Jos. Schmitt & Sons Construction Co., Inc. (Jos. Schmitt) in the amount of $2,889.000. Kueny Architects and Jos. Schmitt have determined that the following materials are required for the project: concrete, precast material, metal fabrications, metal studs/drywall, roofing material, windows/aluminum framing, shutters, flooring materials, ceiling tile, metal lockers, and electrical equipment. State Statutes allow a municipality to purchase materials directly from suppliers to eliminate the sales tax liability. The proposed resolution would remove the material value from Jos. Schmitt's Construction Contract No. 15-21 and establish an agreement for material purchases directly from Building Better Together Supply, LLC. That company is a subsidiary of Jos. Schmitt's that was created to specifically supply materials for municipal construction projects. FISCAL IMPACT The previously listed materials have a purchase value calculated to be $651,003.96. By removing these materials from the construction contract, the City of Oshkosh will realize a savings of$20,504.68 with the elimination of the sales tax. RECOMMENDATIONS I recommend approval of the proposed change order with Jos. Schmitt and approval of a separate agreement with Building Better Together Supply, LLC for the purchase of various materials required for the construction of the Public Works Field Operations Facility— Phase III. Approved, Mark A. Rohloff City Manager JER/tit I:\Engineering12015 CONTRACTS115-21 PW Field Ops Facility-Ph III\Project_Information\Correspondence\Memo\15-21 Memo for CO#1_9-17-15.docx *A1A TM Document A101 — 2007 Standard Form of Agreement Between Owner and Supplier where the basis of payment is a Stipulated Sum AGREEMENT made as of the Fourteenth day of October in the year Two Thousand Fifteen(2015) ADDITIONS AND DELETIONS: (In words, indicate day, month and year.) The author of this document has added information needed for its BETWEEN the Owner: completion.The author may also (Name, legal status, ',address and other information) have revised the text of the original AIA standard form.An Additions and City Of Oshkosh Deletions Report that notes added 215 Church Avenue information as well as revisions to Oshkosh,WI 54903 the standard form text is available from the author and should be and the Suppler reviewed.A vertical line in the left (Name, legal status, address and other information) margin of this document indicates where the author has added Building Better Together Supply, LLC necessary information and where PO Box 1084 the author has added to or deleted 2104 Union Avenue from the original AIA text. Sheboygan,Wisconsin 53082 This document has important legal consequences.Consultation with an for the following Project: attorney is encouraged with respect (Name, location and detailed description) to its completion or modification. City of Oshkosh Phase III public works facility 630 Witzel Ave. Oshkosh WI 54902 the AIA Document A201 TM—2007, Conditions of the Contract project will consist of construction of a 2 1,100 Sq.Ft.One(1)story building and a for Construction,is adopted in this separate salt storage facility. For the one-story building,the building framing system document by reference.Do not use will be steel columns,truss girders,truss joists or steel beams,and insulated precast with other general conditions unless concrete panel exterior/interior walls. The salt storage structure will be a manufactured this document is modified. storage structure. The Architect: (Name, legal status, address and other information) Kueny Architects,LLC 10505 Corporate Drive, Suite 100 Pleasant Prairie,Wisconsin 53158 The Owner and Supplier agree 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 � 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 maxim urn extent possible under the law.This document was produced by AIA software at 12:31:47 on 10105/2015 under Order No.3296704242 1 which expires on 06/11/2016,and is not for resale. — User Notes: (1999583097) 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. (Paragraphs deleted) ARTICLE 2 THE MATERIAL OF THIS CONTRACT The Supplier shall fully supply the materials 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 Removed in fill does not apply (Paragraphs deleted) (Table deleted) (Paragraphs deleted) ARTICLE 4 CONTRACT SUM § 4.1 The Owner shall pay the Supplier the Contract Sum in current funds for the Supplier's supply of the materials. The Contract Sum shall be Six Hundred Fifty-One Thousand Three Dollars and Ninety Six Cents ($651,003.96 ), 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.) N/A § 4.3 Unit prices,if any: 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.MANNING:This AIAI" 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 t the maximum extent possible underthe law.This document was produced by AIA software at 12:31:47 on 10/05/2015 under Order No.3296704242 1 which expires on 06111/2016,and is not for resale. — User Notes: (1999583097) (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($0.00) N/A § 4.4 Allowances included in the Contract Sum,if any: (Identify allowance and state exclusions, if any,from the allowance price) Item Price N/A ARTICLE 5 PAYMENTS § 51 PROGRESS PAYMENTS § 5..1.1 Based upon Applications for Payment submitted to the Architect by the Supplier and Certificates for Payment issued by the Architect,the Owner shall make progress payments on account of the Contract Sum to the Supplier 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,or as follows: Per 5.1.3 § 5.1.3 Provided that an Application for Payment is received by the Architect not later than the twenty-fifth(25`x') day of a month,the Owner shall make payment of the certified amount to the Supplier 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 forty five (45)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 Supplier 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 Supplier'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. (Paragraphs deleted) § 5.1.6: REMOVED DOES NOT APPLY § 5.1.7:REMOVED DOES NOT APPLY § 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.) N/A § 5.1.9 Except with the Owner's prior approval,the Supplier 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 Supplier when 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 3 reproduction or distribution of this AIAO 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 12:31:47 on 10/05/2015 under Order No.3296704242_1 which expires on 06/11/2016,and is not for resale. User Notes: (1999583097) 1 the Supplier has fully performed the Contract except for the Supplier'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 Supplier shall be made no later than 30 days after the issuance of the Architect's final Certificate for Payment,or as follows: Final payment shall be due within thirty(30)days of the issuance of a final certificate of payment by the Architect. 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.) N/A' § 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: (Check the appropriate box.;If the Owner and Supplier 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) [ ] Arbitration pursuant to Section 15.4 of AIA Document A201-2007 [X] Litigation in a court of competent jurisdiction [ ] Other(Specify) ARTICLE 7 TERMINATION OR SUSPENSION § 7.1 The Contract may be terminated by the Owner or the Supplier 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.) Zero%0 § 8.3 The Owner's representative: (Name, address and other information) James Rabe Director of Public Works (nit. 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 4 reproduction or distribution of this AIM, Document,or any portion of it,may result in severe civil and criminal penalties,and will be prosecuted to t the maximum extent possible under the law.This document was produced by AIA software at 12:31:47 on 10/05/2015 under Order No.3296704242 1 which expires on 06/11/2016,and is not for resale. User Notes: (1999583097) 215 Church Avenue Oshkosh,WI 54903-1130 § 8.4 The Supplier's representative: (Name, address and other information) Steven J. Schmitt Building Better Together Supply, Inc. PO!Box 1084 2104 Union Avenue Sheboygan,Wisconsin 53082 § 8.5 Neither the Owner's nor the Supplier's representative shall be changed without ten days written notice to the other party. § 8.6 Other provisions: N/A 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 Supplier. § 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: Document ' Title' Date Pages Section 00 73 00 Supplementary General 2/16/2015 10 pages Conductions § 9.1.4 The Specifications: (Either list the Specifications here or refer to an exhibit attached to this Agreement.) Title of Specifications See Exhibit 2 Section Title Date Pages See Exhibit#2 Table of Contents February 16,2015 4 pages § '9.1.5 The Drawings: (Either list the Drawings here or refer to an exhibit attached to this Agreement.) Title of Drawings:-See Exhibit#3 Number Title Date See Exhibit#3 Table of Contents February 16,2015 § 9.1.6 The Addenda,if any: Number Date Pages Addendum#1 February 26,2015 37 Pages Addendum#2 February 27,2015 13 Pages Addendum#3 March 2, 2015 10 Pages AIA Document All 01 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 MAO Document is protected by U.S.Copyright Law and international Treaties.Unauthorized 5 reproduction or distribution of this AIAI& 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 12:31:47 on 10105/2016 under Order No.3296704242 1 which expires on 06/11/2016,and is not for resale. — User Notes: (1999583097) 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. § 9.1.7_Additional documents,if any,forming part of the Contract Documents: .1 AIA Document E201TM-2007,Digital Data Protocol Exhibit,if completed by the parties,or the following: N/A .2 Other documents,if any,listed below: (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 Supplier'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.) N/A ARTICLE 10 INSURANCE AND BONDS The Supplier 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:) Type of insurance or bond Limit of liability or bond amount($0.00) Material Payment Bond in the amount 100%of Contract equal to 100 Percent of the contract. This jAgreement entered into as of the day and year first written above. OWNER(Signature) SUPPLIER(Signature) Mark A. Rohloff, City Manager Steven J. Schmitt, President (Printed name and title) (Printed name and title) OWNER(Signature) Pamela R,Ubrig, City Clerk (Printed name and title) OWNER(Signature) Trena Larson, r City Comptroller (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 6 reproduction or distribution of this AIAU Document,or any portion of it,may result in severe civil and criminal penalties,and will be prosecuted to t the maximum extent possible underthe law.This document was produced by AIA software at 12:31:47 on 10/05/2015 under Order No.3296704242_1 which expires on 06/11/2016,and is not for resale. User Notes: (1999583097) OWNER(Signature) Lynn Lorenson,City Attorney (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 7 reproduction or distribution of this AIA11 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 12:31:47 on 10/05/2015 under Order No.3296704242 1 which expires on 06/11/2016,and is not for resale. User Notes: (1999583097)