HomeMy WebLinkAboutPR 13348: YMCA Roof Replacement Memorandum
City of Port Arthur, Texas
Purchasing Division
TO: Stephen Fitzgibbons, City Manager
FROM: Joseph Broussard Jr., Purchasing Coordinator ~
DATE: November 18, 2005
SUBJECT: Proposed Resolution No. 13348
RECOMMENDATION
The Purchasing Division recommends that the City Council considers and approve
Proposed Resolution 13348 which authorizes the City to accept a proposal from Duro-
Last Roofing Inc., of Saginaw, Michigan to install a new roof at the YMCA for a total
amount of $227,960.50.
BACKGROUND
The YMCA roof sustained extensive wind damage during Hurricane Rita and requires
replacement. The YMCA currently has temporary covering until the roof is replaced.
Timely replacement of this roof will minimize any impact on the use of the building by
the general public and will allow the YMCA to maintain all scheduled events in the
building.
This is a turn-key project that includes installation of a new roof with a fifteen (15) year
warranty on materials and labor. This new roof project is procured through (TXMAS)
Texas Multiple Award Schedule Programs, where the State and the Federal Government
have competitively awarded these contracts.
BUDGETARY/FISCAL EFFECT
Funding for the roof replacement is in account 123-2300-901.82-00. Our anticipated
reimbursement from the City's WindStorm Insurance is expected to more than cover the
cost of this project.
STAFFING/EMPLOYEE EFFECT:
None
SUMMARY
The Purchasing Division recommends that the City Council considers and approve
Proposed Resolution 13348 which authorizes the City to accept a proposal from Durn-
Last Roofing lnc., of Saginaw, Michigan to install a new roof at the YMCA for a total
amount of $227,960.50.
P. R. No. 13348
11/18/05 jb
RESOLUTION NO.
A RESOLUTION AUTHORIZING AN
AGREEMENT TO INSTALL A NEW ROOF
AT THE YMCA FROM DURO-LAST
ROOFING INC., OF SAGINAW, MICHIGAN
IN THE AMOUNT OF $227, 960.50
WHEREAS, the roof at the YMCA sustained extensive wind damage during Hurricane
Rita and requires replacement; and,
WHEREAS, the time table for installation will be approximately thirty (30) days; and
WHEREAS, the warranty will be for fifteen (15) years on materials and labor; and,
WHEREAS, the new roof project is procured through (TXMAS) Texas Multiple Award
Schedule Programs, where the State and the Federal Government have competitively awarded
these contracts; and,
WHEREAS, the City Council deems it is in the best interest of the City to approve the
Agreement from Duro-Last Roofing Inc., of Saginaw, Michigan, in the amount of $227, 960.50
for the installation of a new roof for the YMCA.
NOW, THEREFORE BE IT RESOLVED BY THE CITY COUNCIL OF THE
CITY OF PORT ARTHUR:
Section 1. That the facts and opinions in the preamble are tree and correct.
.Section 2. That the City Council hereby authorizes the City Manager to sign an
Agreement from Duro-Last Roofing Inc., for the installation ora new roof at the YMCA in
substantially the same form attached hereto with the modifications as delineated herein, attached
as Exhibit "A", in accordance with the TXMAS Program and this Resolution.
Section 3. That performance and payment bonds are required.
Section 4. That the roof will be installed within thirty (30) working days of the
receipt of a notice to proceed.
Section 5. That the warranty will be as delineated in Exhibit "B".
Section 6. That the agreement shall be effective on November 25, 2005.
Section 7. That Duro-Last shall sign this Resolution agreeing to the terms hereof.
Section 8. That a copy of the caption of this Resolution shall be spread upon the
Minutes of the City Council.
READ, ADOPTED, AND APPROVED, this _ day of NOVEMBER, 2005,
A.D., at a Regular Meeting of the City Council of the City of Port Arthur, Texas by the following
Vote AYES: Mayor:
Councilmembers:
NOES:
Mayor
ATTEST:
Evangeline "Van" Green, City Secretary
APPROVED AS TO FORM:
Mark Sokolow, City Attorney
APPROVED FOR ADMINISTRATION:
Steve Fitzgibbons, City Manager
Exhibit A
11/16/2005 16:56 F.M~ 18005664478 DIdO LAST MS ~002
This Agreement is made as of the 2,~t~ day of November, 2005, by and between
City of Port Arthur, P.O. Box 1089, Port Arthur, Texas 77641 ("Building Owne~')
and DURO.LAST ROOFING, INC., 525 Morley Drive, Saginaw, Miohigan 48601
(Telephone 989-753-6486; Facsimile 600-432-9331) ("Duro-Last").
Definitions.
Work means the following portion of the work described in the roofing portion of the
Contract Documents:
Furnish and install, in accordance with current Duro-Last specifications, white
40 mil single-ply membrane roofing system that is fabricated of a weft inserted
Iow-shrink, anti-wicking polyester fabric and has a thermoplastic coating of
PVC material laminated to both sides as manufactured by Duro-Last Roofing,
Inc.
· Furnish and install Dure-kast prefabricated curb and stack flashings around
all penetrations and detail in accordance with current Duro-Last
specifications,
· Furnish and install tan Duro-Last 1-$14" termination bar and snap-on cover to
terminate the system around building perimeter in accordance with current
Duro-Last specifications.
° The entire Duro-Lest Roofing System shall be installed in accordance with
current Duro-Last specifications.
· A 15-Year, labor and material warranty will be issued upon completion of
satisfactory inspection to be performed by an authorized Duro-Last Quality
Assurance Specialist and all parties being paid.
NOTE: The following items of the Scope of Work--Section 07533, whether
included or not in' the Bid documents, are not covered under the terms of the 15-Year
Duro-Last Warranty:
Furnish and install necessary foam insulation to overlay existing roof to
prepare surface for the new Duro-Last Roofing System.
· Replacement of. approximatelY 6,250 square feet of metal panel on the Main
Building.
; Remove existing drip trim for replacement on Main Building.
Preparation and paint area of approximately 7,.~35 squa.re feet with two coats
of Pittsburgh DTM.90-474 commeroial grade pa,nt on Mare Building.
· If required, any HVAC, plumbing, electrical, etc. that may need to be moved or
disconnected and reconnected (other than normal roofing practice) will be
performed by a subcontractor of the Owner's choice and at the Owner's
expense.
11/18/200,5 16:56 FA~ 18005664478 DI.TRO LAST
· If any deteriorated or damaged roof decking, parapet, fascia, vents, conduit,
gutters, drains, etc. ars encountered during roofing installation, Monument
Constructors will notify Ownerl Owner's representative of the situation. After
Owner/Owner's representative approval, repairs can be made by others OR
on a time and materials basis by Monument Constructors.
· Neither Duro-Last nor Monument constructors will be held responsible for any
existing building conditions such as, but not limited to, leaking walls,
windows, gutters, interior drains, pipes, air conditioner equipment, ducts,
vents, fans, parapets, mansards, water lines, masonry walls, adjacent roots,
skylights, trim, or any preexisting water damage to existing building interior
(walls, ceiling, floors, etc) or the existence of mold.
Owner to verify with their insurance carrier, prior to commencement of
· roofing, if a windstorm inspection is required, and if so, pay the costs related
to the inspection and certification.
Monument Constructors, Inc. furnishing their standard certification of
insurance, should it be requested.
· Acquisition of all necessary permits, engineering, dump and disposal fees,
with reference to load requirements and any other tests needed to meet state
and local codes.
· Clean up daily and dispose of all debris in an approved facility in accordance
with all local, state and federal regulations.
Project means the constrUction project generally described as:
Re-roofing of Port Arthur YMCA--Main Building and Henry Durham
Academy, 6760 9th Avenue, Port Arthur, Texas 77641
Premises means the premises upon which the Project is located, the street address of
which is:
Port Arthur YMCA--Main Building and Henry Durham Academy, 6760 9th
Avenue, Port Arthur, Texas 77641
Architect I Engineer (name, address, .telephone number, facsim, ile number): N/A
The Plans, Specifications, General Conditions, Special Conditions and Addenda as of
the date of this Agreement pertinent to this Contract are as follows:
Duro-Last and Building Owner agree as follows:
1. Performance oft he Work._ .Duro-Last shall perform and furnish ali labor,
materials, equipment, tools and other things necessary to perform and complete the
Work in strict a~cordance with the Plans, Specifications, General Conditions, Special
Conditions and Addenda listed above, as the same may be changed from time to time.
"Work' includes any extension, modification, or amendment to the Work by change
order or otherwise. Duro-Last shall obtain and pay for all necessary permits and
licenses pertaining to the Work and shall comply with all laws, rules and regulations
applicable to its Work.
11/18/2006 16:86 FMI 18005884478 DURO LAST MS ~004
Z, Contract Documents. This Agreement and the Plans, Specifications, General
Conditions, Special Conditions and Addenda are the "Contract Documents", Duro-
Last represents that it understarids this Agreement and the other Contract Documents,
has investigated the nature, locality and site of the Work and the conditions and
difficulties under which the Work is to be performed and that Building Owner enters into
this Agreement on the basis of its own investigation and not in reliance upon any
opinions or representations of Owner or any other person. The terms of this
Agreement are in addition to and not in substitution for any of the terms of the other
Contract Documents.
3. Time ~ Duro~Last shall commence the Work when notified to do
so by Building Owner and shall diligently and continuously prosecute and complete the
Work and coordinate the Work with the other work being performed on the Project, in
accordance with the Project sohedule as it may be changed from time to time by
Building Owner.
4. Price and a_~ Building Owner shall pay Dure-Last for the satisfactory and
timely performance and completion of the Work and of Duro-Lasfs other duties under
this A.qreement the amount of 'T~o }{undred Twenty-Seven~"Thogsand N~.ne. ,.H..uvdred .
~.-_ _ 4. ~ ..... ~ .. .... ~ ~0~ (the"Price") subject to aoomons ano
deductions as provided in ths Agreement'. The Prce includes all taxes based upon
labor, services, materials, equipment or other items acquired, performed, furnished or
used for and in connection with the Work, Including sales, use and personal property
taxes.
5. Extension of Time, If Duro-Last is delayed in the Work by any cause beyond
the control of and not due to any fault of Duro-Last or of any person providing any part
of the Work under Duro-Lest, then Duro-Last shall be entitled to an extension of time
for a period equivalent to the time lost if, and only if, Dure-Last (1) notifies Building
Owner in writing of the cause of such delay within forty- eight (48) hours of the
commencement thereof and (2) demonstrates that it could not have anticipated or
avoided such delay and has used all available means to minimi~,e the consequences
thereof.
6. ~ Drawincls.. Duro-Last shall prepare and submit to Building Owner shop
drawings describing completely the details and construction of the Work, upon request.
7. Chan~e Orders, Additions and Dedu~tions. Building Owner has the right to
make ~hanges, additions and/or deletions in the Work upon written order to Duro-Last.
The value of the Work to be changed, added or deleted shall be stated in the written
order and shall be added to or deducted from the Price. The value of the Work to be
changed, added or deleted shall be determined by the lump sum or unit prices, if any,
stipulated herein for such work.
8. Cleanino Un. Duro-Last shall (1) keep the Premises free at all times from all
waste materials and rubbish accumulated In connection with the Work, (2) clean its own
Work and all contiguous work of others of any soiling caused by the execution of its
Work, (3) at the completion of its Work in each area, leave the area "broom clean", and
(4) at the entire completion of its Work, remove all of its property and surplus materials.
11/18/2005 16:56 F.~.~ 18005664478 D[~RO LAST MS [~005
9. Termination for Convenience, Building Owner may at any time by written
notice to Duro-Last terminate this Agreement without cause and require Dure-Last to
cease performing the Work. Duro-Last shall be entitled to payment for all Work
performed as of the date of termination, together with reasonable costs of
demobilization end such other reasonable costs as are incurred by Duro-Lest which
are directly attributable to such termination, reduced by all amounts for which Duro-
Last is liable or responsible to Building Owner.
10. GUarantee. Duro-Last guarantees the Work to the full extent provided in its
written Warranty document.
1'1. Notices. All notices required or permitted hereunder shall be in writing
addres-sed to the respective parties as set forth on the first page of this Agreement,
and shall be delivered personally, by confirmed facsimile, by recognized couder service
or by registered or certified mail, postage prepaid. The parties may change the
addresses for notices by notice given pursuant to this Section.
12. Miscellanepus Provisions. (a) Any amendment to this Agreement must be in
writing a~nd signed by each party. (b) This Agreement, including the Contract
Documents, is the entire agreement between the parties concerning the Work and
supersedes all contemporaneous and prior negotiations and agreements. No
representation or warranty has been made by any party to this Agreement except the
representations and warranties contained in this Agreement. (c) No failure or delay on
the part of either party to exercise any right shall operate as a waiver of any breach or
right, nor shall any single or partial exereise of any such dght preclude any other or
further exercise thereof or the exercise of any other right. The remedies herein provided
are cumulative and not exclusive of any other remedies at law or in equity. (d) This
Agreement may be executed in any number of counterparts, each of which shall be
deemed an original and all of which shall constitute the same agreement. (e) Headings
and captions in this Agreement are for convenience only and shall not govern the
interpretation of any provisions of this Agreement. (f) The exhibits and schedules
attached to this Agreement are incorporated herein and made a part hereof. (g) If any
provision of this Agreement shall be prohibited by or invalid under applicable law, then
such provision shall be ineffective to the extent of such prohibition or invalidity, without
invalidating the remainder of such provision or the remaining provisions of this
Agreement or the application of such provision to other parties or circumstances. (h)
The provisions contained in this Agreement that either specifically provide or that by
their context are intended by either or both parties to survive the performance,
cancellation or termination of this Agreement shall so survive performance, cancellation
or termination of this Agreement.
11/18/2005 16:56 F~ 18005664478 DURO LAST MS ~006
Building Owner and Duro-Last have caused this Agreement to be duly executed and
delivered as of the date set foffh above,
DURO-LAS~ RO(:]_FJl~IC~ INC. CITY OF PORT ARTHUR
Its: Vice President, Sales Its:
EXHIBIT "B"
WILL BE FORTHCOMING