HomeMy WebLinkAbout1989-068 CCR1
1
Member Celia Scott
moved its adoption:
RESOLUTION NO. 89
introduced the following resolution and
RESOLUTION APPROVING SUPPLEMENTAL AGREEMENTS NO. 4 AND 5 TO
CONTRACT 1988 -H FOR IMPROVEMENTS ON LOGAN AVENUE, ON FRANCE
AVENUE, ON LAKEBREEZE AVENUE AND ON 50TH AVENUE NORTH
WHEREAS, City Council entered into a contract on June 6, 1988, with
Thomas and Sons Construction, Inc. for the construction of Improvement Project
No. 1988 -04, 1988 -05, 1988 -06, and 1988 -07; and
WHEREAS, the City Engineer has determined certain modifications as
detailed in proposed Supplemental Agreements No. 4 and No. 5 (copies attached)
need to be made to the contract to facilitate the construction of the project; and
WHEREAS, the contractor, Thomas and Sons Construction, Inc., has agreed
to the prices for the modifications as noted above, and has executed proposed
Supplemental Agreements No. 4 and No. 5.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL of the City of
Brooklyn Center, Minnesota, that:
ATTEST:
1. Proposed Supplemental Agreement No. 4 to Contract 1988 -H, providing
for compensation for the additional work completed, as detailed
therein, at a net additional cost of $5867.86 is hereby approved.
The City Manager is hereby authorized and directed to execute
Supplemental Agreement No. 4 on behalf of the City of Brooklyn
Center.
2. Proposed Supplemental Agreement No. 5 to Contract 1988 -H, providing
for compensation for the additional work completed, as detailed
therein, at a net additional cost of $15,170.14 is hereby approved.
The City Manager is hereby authorized and directed to execute
Supplemental Agreement No. 5 on behalf of the City of Brooklyn
Center.
April 24, 1989
Date
Clerk
The motion for the adoption of the foregoing resolution was duly seconded by
member Jerry Pedlar
III and upon vote being taken thereon, the following
voted in favor thereof: Dean Nyquist, Gene Lhotka, Celia Scott, Todd Paulson,
and Jerry Pedlar;
and the following voted against the same: none,
whereupon said resolution was declared duly passed and adopted.
Mn /DOT 2134(S -7E)
STATE OF MINNESOTA DEPARTMENT OF TRANSPORTATION
SUPPLEMENTAL AGREEMENT
,tractor Fed. Project
19 ,Ind Sons Construction, Inc.
Address Location
114 /S NnrthdatP Blvd., Rogers. MN 55371
This contract is amended as follows:
.c y O
3
m 5
TYPE OF TRANSACTION
APPROVED: City Manager
CammusttstmrarA3BitdTiifij-
I
Dated
Whereas, the contract did not have a quantity of 4" sidewalk specified on
Project 109 105 -01, France Avenue.
Now therefore, it is agreed that the contractor shall furnish and install
4046.8 square feet of 4" sidewalk conforming to MNDOT Specification 2521.
The unit price of new item 2521.501 shall be $1.45 per square foot.
Pro.No. Account I.D. Organization F.Y. Requisition No. Vendor Number Type Terms
Cost, lob or Client Code Amount
Total Increase Project 109 105 -01 $5,867.86
A40 A41 mate Number
Date Number
A44 A45 A46
Original Contract
Approved as to Corm and erecutton
Assistant Attorney t,eneni
1 STATE ACDITOR (White original) 2 CONTRACTOR /Pink) 3 AGENCY (Goldenrod,
Suffix Object
Entered by
Entered by
Dated L3 -i
A U
Dated 19 9
Dated -d? 19
Recommended
Supp. to Contract No. 1988
No. 4
Sheet 1 of 1
State Project No.
109 105 -01
Source S.Act. Task S. Task
SEND
A
:et or Arc
pteciby Contractor
Dated,3/7,/ 19 kt
Distnc
rrppto.Rtrtn- realer ti era
Director of Public Works
Mn /DOT :13 4(5 -78)
STATE OF MINNESOTA DEPARTMENT OF TRANSPORTATION Supp. to Contract No. 1988 -H
No. 5
Sheet 1
f atractor
'V Thomas Sons Construction. Inc.
Add
I 11Q9c Nnrthdale Blvd.. Rogers, MN 55374
Thu contract is amended as follows:
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3 ri
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o 3. Based on the quantities accepted by March 30, 1989, and based on the adjusted quantities listed in
e Exhibit B, quantity changes shall increase the total contract amount by the totals shown in the
fa 3 7 following table.
Y a
Ir
a Force Account Quantity
Work Changes Total
Logan Avenue North (109-106-02) t 6,713.60 Q 71
v
c France Avenue North (109- 105 -01) 1,301.18 $124.80 1,425.98
CI o 3 Lakebreeze Avenue North 7,030.56 7,030.56
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o O Total Contract 1988 -H $15,045.34 $124.80 $15,170.14
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Pro.No. Account I.D. Organization F.V. Requisition No. Vendor Number Type Terms Source SAct- Task S. Task
TYPE OF TRANSACTION
APPROVED: City Manager
_CoiwRuieeerefA4IniA mmaion
Dated
Whereas, the Contractor has submitted claims for additional payment as force account for the above
referenced Municipal State Aid projects; and
Whereas, a list of said claims is attached as Exhibit A; and
Whereas, there were quantity changes for contract items in said cogtract; and
Whereas, a list of said changes is attached as Exhibit B.
Now therefore it is agreed as follows:
1. The claims listed in Exhibit A are hereby incorporated in the contract as full payment for all
force account work contained in the list of claims.
2. The contract quantities.shall be adjusted according to the totals listed in Exhibit 8, and there
shall be no change in the unit prices as a result of this change.
Cost, Job or Client Code
A44
A40 A41 Uate qumoer
A45
SUPPLEMENTAL AGREEMENT
A46
Original Contract
Fed. Project
'Location
Summary of Changes
Amount Suffix Object
SEND
Date Number
Approved as to long and execution
Entered by
Entered by
Dated 29
;Scam Project No.
I' 109- 104 -01
109 105 -01
109 106 -02
of 6
Dated 6 19 I
coved by jeee.a:w tect
Dated .L// Y 19 v Z
Ace ted by Contactor
Disutct Baeetor- State Aid
Dated 19 Engineer
.assistant Attorney 4.,eneral Approved-byAtencvHeztr
l- STATE AUDITOR 1h'hite orrginall CONTRACTOR -Pink: J liNCY 1Go:aenrou, Recommended:
Mn /DOT :124(5 -7a)
STATE OF ti1INNESOTa DEPARTMENT OF TRANSPORTATION Sapp. to Contract No. 1988 -H
No. 5
Sheet 1 of 6
F ctor
homas R Sons Construction. Inc.
1 ii2 Nnrthdale Blvd.. Rooers. MN 55374
This contract is amended as follows:
Whereas, the Contractor has submitted claims for additional payment as force account for the above
referenced Municipal State Aid projects; and
Whereas, a list of said claims is attached as Exhibit A; and
Whereas, there were quantity changes for contract items in said contract; and
Whereas, a list of said changes is attached as Exhibit B.
Now therefore it is egreed as follows:
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0. 0 2. The contract quantities.shall be adjusted according to the totals listed in Exhibit B, and there
S c shall be no change in the unit prices as a result of this change.
uV
o 3. Based on the quantities accepted by March 30, 1989, and based on the adjusted quantities listed in
Exhibit 8, quantity changes shall increase the total contract amount by the totals shown in the
d 3 7 following table.
2 3 Summary of Changes
a Force Account Quantity
Work Changes Total
o
L 3 Logan Avenue North (109- 106 -02) 6,713.60 6,713.60
...0 France Avenue North (109- 105 -01) 1,301.18 $124.80 1,425.98
o o Lakebreeze Avenue North 7,030.56 7,030.56
c
n.—
Total Contract 1988 -H $15,045.34 $124.80 $15,170.14
oe'o
u —o.
1. The claims listed in Exhibit A are hereby incorporated in the contract as full payment for all
force account work contained in the list of claims.
<3
Pro.No. Account I.D. Organization F.V. Requisition No. Vendor Number Type Terms Source S.Act. Task S. Task
Cost, lob or Client Code Amount Suffix Object
SEND
TYPE OF TRANSACTION
Entered by
APPROVED: Ci Manager
Commissioner -6P Admirussmion
n
A44
n
A40
A45
SUPPLEMENTAL AGREEMENT
A41 Dam Number
A46
Original Contract
Fed. Project
Location
Date Number
Entered by
Dated Approved as to form and execution Dated 19
Dated 19
.assistant Attorney t,eneral
1 -STATE AUDITOR /What ortgtnali 2- CONTRACTOR ;Pine: ;-.AGENCY /Gotaenrou, Recommended:
State Project No.
109 105 -01
109 1(16 -02
Q
Dated
46-V 19 r
rove J tect
Dated Y 19 d by ul ✓/v.
Accepted by Contractor
Disutct Hirector- State Aid
Engineer
Approyed-myr Arency -m exir
CITY
OF
BROOKLYN
C ENTER
March 17, 1989 (Amended April 7, 1989 Stem #3 and Summary Page)
Mr. Steve Thomas Sr.
Thomas and Sons Construction Co.
P.O. Box 303
Rogers, MN 55374 -0303
Re: Unresolved Claims for Contract Work Items
Contract 1988 -H
Dear Mr. Thomas:
Based on our conference on March 14, 1989, and subsequent discussion with my
staff members, I propose that we agree to develop and execute a "Supplemental
Agreement No. 5" to the contract wherein you and the City agree to the following
resolution of all unresolved claims under this contract.
Item No. 1 (Your Letter of January 19, 1989)
Description: Installation of B -612 concrete curb and gutter on North Lilac
Drive.
Your Request: 524.8 LF $9.00 /LF $4723.20
My Recommendation: 524.8 LF $7.50 /LF $3936.00
Explanation: I believe that $7.50 /LF is a fair price under these circumstances.
Item No. 2 (Your Letter of August 24, 1988)
Description: Lakebreeze Lift Station relocation.
Your Request: Work by Lindberg
Work by Visa Sewer
Work by Layne Minnesota
Dewatering by Thomas Sons
Subtotal 5970.50
+10% 597.05
Total $6567.55
it rON D
/MOW 1?A_..;
"Y ILL-WtICA C11T s
I
6301 SHINGLE CREEK PARKWAY
BROOKLYN CENTER, MINNESOTA 55430
TELEPHONE 561-5440
EMERGENCY POLICE FIRE
911
$4000.00
438.00
1032.50
500.00
Page Two
March 17, 1989
ate
My Recommendation: To approve only the following items
Work by Lindberg $4000.00
Work by Visa Sewer 438.00
Subtotal 4438.00
10% 443.80
Total $4881.80
Explanation: It is my understanding that the lift station was moved at the
request of Layne Minnesota to simplify their work. Accordingly,
I object to paying them extra costs.
Also, I'm asking that you assume the cost of the additional
dewatering because I believe that there was some lack of
subcontractor supervision by your staff.
Item No. 3 (Your Invoice No. 885717)
Description: Lowering manhole at lift station.
Your Request: $650.52
My Recommendation: To pay $398.76 for materials. To deny $251.76 for labor.
Item No. 4 (Your Invoice No. 885751)
Description: Construct temporary trail past Lift Station No. 6.
Your Request: $341.83
My Recommendation: To deny this request.
Explanation: It is my understanding that, while some of the delay at Lift
Station No. 6 occurred because of NSP's slow response, the major
delay would have occurred in any event because of delays in
equipment delivery and installation by your subcontractor and his
supplier.
And, it is my firm opinion that the General Conditions of Contract
require the general contractor to provide safe temporary
facilities for vehicles and pedestrians at all times, when a
situation such as this occurs; and that the cost of providing such
temporary facilities is incidental to the project.
Page Three
March 17, 1989
Item No. 5 (Your Invoice No. 885729)
Description: Raising handhole, etc.
Your Request: $1301.18
My Recommendation: $1301.18 (i.e. approve your claim to pay for this work on a
force account basis).
Item No. 6 (Your Invoice No. 885757)
Description: Remove concrete curb gutter and reinstall for
knockdown section
Your Request: $36.40 (as force account work)
My Recommendation: $41.60 (using unit prices)
Item No. 7 (Your Invoice No. 885734)
Description: Removals and replacement of curb and gutter, as
needed for installation of handicap ramps.
Your Request: $310.00
My Recommendation: Remove concrete curb and gutter
16 LF 1.00 /LF 16.00
Install B -618 concrete curb
and gutter 16 LF 4.20 /LF 67.20
Total
Item No. 8 (Your Letter Dated 8/30/88)
Description: Bituminous drive patching.
Your Request: 280.7 SY at 9.85/SY
My Recommendation: 280.7 SY at 9.85/SY
less 30.88 tons Bit. Mixture
$13.80 /ton
less 2.0 tons Bit. Material
$144.00 /ton
Net Additional Payment
$83.20
$2764.90
$2764.90
426.14
288.00
$2050.76
As
Page Four
March 17, 1989
Explanation: I'm proposing to pay the full amount you requested, by paying the
contract unit prices for the bituminous mixture and for bituminous
materials, then paying the additional $2050.76 for the additional
work involved.
Item No. 9 (Your verbal statement on December 30, 1988 and March 14)
Description: Removal of 43 feet of 12" RCP storm sewer
Your Request: $461.00
My Recommendation: $461.00 (i.e. payment on a force account basis, as
requested).
Item No. 10 (Your letter and estimate of completion stated during our
meeting of March 14, 1989)
Description: Repair of Sprinkler Systems
Your Request: 1/2 of $3500 (estimate) $1750
My Recommendation: To pay your request of $1750.00.
Item No. 11 (Your Invoice No. 885719)
Description: Remove concrete structure near Anderson Drywall
Your Request: $265.84
My Recommendation: $265.84 (i.e. payment on a force account basis, as
requested).
Item No. 12 (City claims to Thomas and Sons Construction)
Description: 7 unpaid claims for work by City crews
Amount of My
Citv's Claim Description Comments Recommendation
$76.89
$62.14
Develop temporary
access to Lift
Station No. 6
Set up barricades
at 58th Avenue/
Logan Avenue
My staff advises me this
request was made several
times to your supervisor.
When the work wasn't done,
we had to do it.
This was required by Police
Dept. because of dangerous
conditions. Although we
acknowledge that you were
$76.89
$62.14
Page Five
March 17, 1989
$279.81
$726.80
$920.23
$190.72
Amount of
Citv's Claim Description Comments
Repair L.S. #6
Cleaning Sewer at Dave Anderson reports
5650 North Lilac that your foreman
Drive Tony Deutch
requested that our crew
do this work, since he
was unable to do it.
not given notice to do so,
I believe your costs would
have been at least as great,
or higher.
My
Recommendation
Clean sewerline This work was necessitated 0.00
at 1915 57th due to changes requested by (i.e.
Avenue North City cancel this
claim)
Remove debris, etc. I am advised that Dave
from manholes Peterson requested Dan
Thomas several times to do
what's necessary to prevent
debris from getting into
manholes, and then to clean
them out.
Again, I am advised that
Dave Peterson requested
Dan Thomas to take
necessary preventive
action on several
occasions. When the lift
station failed, we had an
emergency which needed
immediate attention, and
required crew's knowledge
of this facility.
$726.80
$920.23
$190.72
$287.71 Repairs at Lift (same comments as for $287.71
Station No. 6 our $920.23 invoice)
$2544.30 Total $2264.49
Summary
Following is a summary of your requests and my recommendations:
Page Six
11/7— March 17, 1989
Item No.
Ag
1 $4723.20 $3936.00
2 6567.55 4881.80
3 650.52 398.76
4 341.83 -0-
5 1301.18 1301.18
6 36.40 41.60
7 310.00 83.20
8 2050.76* 2050.76
9 461.00 461.00
10 1750.00 1750.00
11 265.84 265.84
Subtotals $18,458.28 $15,170.14
Less:
12(City Claims)
Net Totals
$18,458.28 $12,905.65
*Note: Although your claim for this item is in the full amount of
$2764.90, we have paid $714.40 under unit prices for tonnage, leaving your
net claim at $2050.76.
Conditions and Commitments Relatine to My Proposal
Your Reauest My Recommendation
0 2264.49
As noted, my proposal is to develop a "Supplemental Agreement No. 5" covering
these items. This proposal is subject to the following conditions and
commitments:
1. Agreement must be reached on an "all or none" basis; i.e. unless we reach
agreement on all twelve items described above, I will consider that all are
still unresolved.
2. Your agreement that there are no other unresolved issues at this time.
3. My proposal is, of course, subject to approval of the proposed Supplemental
Agreement No. 5 by the City Council. If I receive your acceptance of my
proposal by Tuesday noon, March 21, 1989, I will submit the Supplemental
Agreement to the City Council for their consideration on March 27, 1989.
If agreement is not reached by that time and date, but is reached at a later
date, I am willing to submit the required Supplemental Agreement to the City
Council at the next available Council meeting, noting that we need to reach
agreement at least a week prior to a Council meeting, to allow the
Supplemental Agreement to be formalized, etc.
Page Seven
March 17, 1989
4. If a Supplemental Agreement is approved by the City Council, the City will
issue a partial payment covering all work to date, including all items
covered by the Supplemental Agreement, withholding the normal retainage,
within 10 calendar days following City Council approval.
5. If a partial payment as described above is made before April 27, 1989, no
payment will be made for any accrued interest claims.
Please review this proposal in detail. If you agree to accept it as is, please
sign it and return it to me as soon as possible.
Sincerely,
rat**************************************
I hereby agree to accept the above proposal, including the itemized conditions
and commitments thereto, provided the proposed "Supplemental Agreement No. 5" is
developed and approved by the Brooklyn Center City Council.
By Z✓ Title
STATE OF MINNESOTA)
SS.
COUNTY OF HENNEPIN)
On this 14 day of fl p 2
UG 1 Di AS to me personally known, who
being be me duly sworn, did say that he is /are the S ;Cie
of T krni;-s &DOS COUcil_
a corporation, that the seal affixed to the foregoing instrument is the
corporate seal of said corporation, and that said instrument was executed in
behalf of said corporation by authority of its Board of Di7 f c'i-oQ -S
S
and that said JC acknowledged said ►r
instrument to be the free act and deed of said corporation.
Am)
S. J. THOMAS. JR.
NOTARY PUBLIC MINNESOTA
HENNEPIN COUNTY
My commission expires April 27, 1990
.4/
1Rota/Publac
My commission expires
before me, appeared
4 7 --9c.-)