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Home My WebLink AboutA9095 - A PLUS ROOFING & CONSTRUCTION CONTRACT ABSTRACT 1 Original: Contract Change Order No. 1 Contract Company Name: Company Contact: Summary of Services: Contract Price: Funding Source: Contract Term: A Plus Roofing and Construction Inc. David E. Doyer CP 19-19, City Yard Roof Replacement $204,120 (including this CCO#1 for $4,120.00) Capital Improvement Projects funds To be determined by the Notice to Proceed Contract Administration Lead Department: Contract Administrator: Engineering Services Joel Montalvo Contract Approvals Council Approval Date: Contract Change Order #1: Agreement Number: March 24, 2022, Item 1.E. TBD A9095 Contract Compliance Exhibits: Signatures: Insurance: Bonds: On file On file On file On file Contract Prepared By: Engineering Services Submitted on: 05/15/2023 By: Vonda Teed DocuSign Envelope ID: 0AD43F22-2FB4-460D-BFFD-5FB65849100B AGREEMENT gOg5 (CONSTRUCTION CONTRACT) W THIS AGREEMENT made this AL(,_ day of I�p r t 1 ` 20_2,;Iy and between the City of Palm Springs, a charter city, organized and existing in the County of Riverside, under and by virtue of the laws of the State of California, hereinafter designated as the City, and A Plus Roofing and Construction Inc., a California corporation, hereinafter designated as the Contractor. The City and the Contractor, in consideration of the mutual covenants hereinafter set forth, agree as follows: ARTICLE 1 -- THE WORK For and in consideration of the payments and agreements to be made and performed by City, Contractor agrees to furnish all materials and perform all work required to complete the Work as specified in the Contract Documents, and as generally indicated under the Bid Schedule(s) for the Project entitled: CITY YARD ROOF REPLACEMENT CITY PROJECT NO. 19-19 The Work comprises of obtaining a building permit (at no fee) from the City of Palm Springs Department of Building and Safety; Order and procure all necessary materials; Mobilization to the project site; Protection of existing facilities and equipment; Selective demolition, including removal and disposal of all existing roofing materials to roof substrate; Cleaning and testing of all drains and scuppers for proper function; Verification of proper surface drainage; removal, disposal and replacement of any damaged roof sheathing (quantity and payment in accordance with Additive Bid Schedule B); roof preparation and installation of a mechanically fastened single ply roofing membrane on all roof surfaces; Demobilization including cleaning and removal of all construction debris; Obtaining final inspection and permit 'sign off from Building Officials; Arranging for roofing material manufacturer inspection and certification as necessary to provide 20 year, non -prorated, Manufacturer's Warranty and Contractor 5 year Workmanship Warranty. ARTICLE 2 — COMMENCEMENT AND COMPLETION The Work to be performed under this Contract shall commence on the date specified in the Notice to Proceed by the City, and the Work shall be fully completed within the time specified in the Notice to Proceed. The City and the Contractor recognize that time is of the essence of this Agreement, and that the City will suffer financial loss if the Work is not completed within the time specified in Article 2, herein, plus any extensions thereof allowed in accordance with applicable provisions of the Standard Specifications, as modified herein. The parties also CITY YARD ROOF REPLACEMENT AGREEMENT FORM CITY PROJECT NO. 19-19 AGREEMENT AND BONDS - PAGE 1 recognize the delays, expense, and difficulties involved in proving in a legal proceeding the actual loss suffered by the City if the Work is not completed on time. Accordingly, instead of requiring any such proof, the City and the Contractor agree that as liquidated damages or delay (but not as a penalty), the Contractor shall pay the City the sum specified in Section 6-9 of the Special Provisions for each calendar day that expires after the time specified in Article 2, herein. In executing the Agreement, the Contractor acknowledges it has reviewed the provisions of the Standard Specifications, as modified herein, related to liquidated damages, and has made itself aware of the actual loss incurred by the City due to the inability to complete the Work within the time specified in the Notice to Proceed. This Section does not exclude recovery of other damages specified in the Contract Documents. Liquidated damages may be deducted from progress payments due Contractor, Project retention or may be collected directly from Contractor, or from Contractor's surety. These provisions for liquidated damages shall not prevent the City, in case of Contractor's default, from terminating the Contractor. ARTICLE 3 — CONTRACT PRICE The City shall pay the Contractor for the completion of the Work, in accordance with the Contract Documents, in current funds the Contract Price(s) named in the Contractor's Bid Proposal and Bid Schedule(s), and any duly authorized Construction Contract Change Orders approved by the City. The amount of the initial contract award in accordance with the Contractor's Bid Proposal is TWO HUNDRED THOUSAND DOLLARS AND ZERO CENTS ($200,000). Contractor agrees to receive and accept the prices set forth herein, as full compensation for furnishing all materials, performing all work, and fulfilling all obligations hereunder. Said compensation shall cover all expenses, losses, damages, and consequences arising out of the nature of the Work during its progress or prior to its acceptance including those for well and faithfully completing the Work and the whole thereof in the manner and time specified in the Contract Documents; and, also including those arising from actions of the elements, unforeseen difficulties or obstructions encountered in the prosecution of the Work, suspension of discontinuance of the Work, and all other unknowns or risks of any description connected with the Work. ARTICLE 4 -- THE CONTRACT DOCUMENTS The Contract Documents consist of the Notice Inviting Bids, Instructions to Bidders, the prevailing rate of per diem wages as determined by the Director of the California Department of Industrial Relations, the accepted Bid and Bid Schedule(s), List of Subcontractors, Local Business Preference Program — Good Faith Efforts, Non - Discrimination Certification, Non -Collusion Declaration, Bidder's General Information, Bid Security or Bid Bond, this Agreement, Worker's Compensation Certificate, Performance Bond, Payment Bond, Standard Specifications, Special Provisions, the Drawings, Addenda issued during bidding (if any), and all Construction Contract Change Orders and Work Change Directives which may be delivered or issued after the Effective Date of the Agreement and are not attached hereto. CITY YARD ROOF REPLACEMENT AGREEMENT FORM CITY PROJECT NO. 19-19 AGREEMENT AND BONDS - PAGE 2 ARTICLE 5 -- MUTUAL OBLIGATIONS For and in consideration of the payments and agreements to be made and performed by the City, the Contractor agrees to furnish all materials and perform all work required for the above stated project, and to fulfill all other obligations as set forth in the aforesaid Contract Documents. City hereby agrees to employ, and does hereby employ, Contractor to provide the materials, complete the Work, and fulfill the obligations according to the terms and conditions herein contained and referred to, for the Contract Price herein identified, and hereby contracts to pay the same at the time, in the manner, and upon the conditions set forth in the Contract Documents. ARTICLE 6 -- PAYMENT PROCEDURES The Contractor shall submit Applications for Payment in accordance with the Standard Specifications as amended by the Special Provisions. Applications for Payment will be processed by the City Engineer as provided in the Contract Documents. ARTICLE 7 — NOTICES All notices shall be in writing and either served by personal delivery or mailed to the other party. Written notice to the Contractor shall be addressed to Contractor's principal place of business unless Contractor designates another address in writing for service of notice. Notice to the City shall be addressed to. the City as designated in the Notice Inviting Bids unless the City designates another address in writing for service of notice. Notice shall be effective upon receipt or five (5) calendar days after being sent by first class mail, whichever is earlier. Notice given by facsimile shall not be effective unless acknowledged in writing by the receiving party. ARTICLE 8 -- INDEMNIFICATION Contractor shall provide indemnification and .defense as set forth in Section 7-15 "Indemnification," of the Special Provisions. ARTICLE 9 — PREVAILING WAGES Contractor agrees to fully comply with all applicable federal and state labor laws including, without limitation California Labor Code Section 1720, et seq., and 1770, et seq., as well as California Code of Regulations, Title 8, Section 16000, et seq. ("Prevailing Wage Laws"). Contractor shall bear all risks of payment or non-payment of prevailing wages under California law, and Contractor hereby agrees to defend, indemnify, and hold the City, its officials, officers, employees, agents and volunteers, free and harmless from any claim or liability arising out of any failure or alleged failure to comply with the Prevailing Wage Laws. CITY YARD ROOF REPLACEMENT AGREEMENT FORM CITY PROJECT NO. 19-19 AGREEMENT AND BONDS - PAGE 3 Contractor specifically acknowledges and agrees to be bound by the Wage Rates and Labor Code requirements specified in the Contract Documents, including the requirement to furnish electronic certified payroll records directly to the Labor Commissioner (via the Division of Labor Standards Enforcement), and shall pay the general prevailing rate of per diem wages as determined by the Director of the Department of Industrial Relations of the State of California. ARTICLE 10 -- CONFLICT OF INTEREST Contractor acknowledges that no officer or employee of the City has or shall have any direct or indirect financial interest in this Agreement nor shall Contractor enter into any agreement of any kind with any such officer or employee during the term of this Agreement and for one (1) year thereafter. Contractor warrants that Contractor has not paid or given, and will not pay or give, any third party any money or other consideration in exchange for obtaining this Agreement. ARTICLE 11--NON-DISCRIMINATION In connection with its performance under this Agreement, Contractor shall not discriminate against any employee or applicant for employment because of actual or perceived race, religion, color, sex, age, marital status, ancestry, national origin (i.e., place of origin, immigration status, cultural or linguistic characteristics, or ethnicity), sexual orientation, gender identity, gender expression, physical or mental disability, or medical condition (each a "prohibited basis"). Contractor shall ensure that applicants are employed, and that employees are treated during their employment, without regard to any prohibited basis. As a condition precedent to City's lawful capacity to enter this Agreement, and in executing this Agreement, Contractor certifies that its actions and omissions hereunder shall not incorporate any discrimination arising from or related to any prohibited basis in any Contractor activity, including but not limited to the following: employment, upgrading, demotion or transfer; recruitment or recruitment advertising; layoff or termination; rates of pay or other forms of compensation; and selection for training, including apprenticeship; and further, that Contractor is in full compliance with the provisions of Palm Springs Municipal Code Section 7.09.040, including without limitation the provision of benefits, relating to non-discrimination in city contracting. ARTICLE 12 -- MISCELLANEOUS Terms used in this Agreement which are defined in the Standard Specifications and the Special Provisions will have the meanings indicated in said Standard Specifications and the Special Provisions. No assignment by a party hereto of any rights under or interests in the Contract Documents will be binding on another party hereto without the written consent of the party sought to be bound; and specifically, but without limitation, monies that may become due and monies that are due may not be assigned without such consent (except to the extent that the effect of this restriction may be limited by law), and unless specifically stated to the contrary in any written consent to an assignment, no assignment will release or discharge the assignor from any duty or responsibility under the Contract Documents. CITY YARD ROOF REPLACEMENT AGREEMENT FORM CITY PROJECT NO. 19-19 ' AGREEMENT AND BONDS - PAGE 4 The City and the 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 of all covenants, agreements, and obligations contained in the Contract Documents. Each and every provision of law required to be included in these Contract Documents shall be deemed to be included in these Contract Documents. The Contractor shall comply with all requirements of applicable federal, state and local laws, rules and regulations, including, but not limited to, the provisions of the California Labor Code and California Public Contract Code which are applicable to this Work. SIGNATURES ON NEXT PAGE CITY YARD ROOF REPLACEMENT CITY PROJECT NO. 19-19 AGREEMENT FORM AGREEMENT AND BONDS - PAGES SIGNATURE PAGE TO AGREEMENT BY AND BETWEEN THE CITY OF PALM SPRINGS AND A PLUS ROOFING AND CONSTRUCTION INC. IN WITNESS WHEREOF, the Parties have executed this Agreement as of the dates stated below. CONTRACTOR: Date:2�— CITY OF PALM SPRINGS: APPROVED BY CITY COUNCIL: By: 3W1 94�6e .r Sign-Aure (2nd sig mature required for Corporations) Date: D `j - 06- 9-0.z�a Date: 3 -02 7 ZZ Item No. �L - F ! l I 0 g 5 APPROVED AS TO FORM: By: Jeffrey . Balf ger, City Attorney APPROVED: By: Akin Clifton, City Manager CITY YARD ROOF REPLACEMENT CITY PROJECT NO. 19-19 r_A4ir*19 IIn Moniq M. Lomeli, CMC, Interi itv Clerk Date: / AGREEMENTFORM AGREEMENT AND BONDS - PAGE 6 CERTHOLDER COPY SP STATE COMPENSATION INSURANCE FUND P.O. BOX 8192, PLEASANTON, CA 94588 CERTIFICATE OF WORKERS' COMPENSATION INSURANCE ISSUE DATE: 04-04-2022 GROUP: POLICY NUMBER: 1979018-2021 CERTIFICATE ID: 163 CERTIFICATE EXPIRES: 09-28-2022 09-28-2021/09-28-2022 CITY OF PALM SPRINGS 3200 E TAHQUITZ CANYON WAY PALM SPRINGS CA 92262-6959 SP 425 N CIVIC DRIVE PALM SPRINGS CA 92266 This Is to certify that we have issued a valid Workers' Compensation insurance policy in a form approved by the _ -California-Insurance" Commisslonemo"the"employer named'below for'the"pdlicy~period indicated." This policy is not subject to cancellation by the Fund except upon 3q days advance written notice to the employer. We will also give you 3Q days advance notice should this policy be cancelled prior to its normal expiration. This certificate of insurance is not an insurance policy and does not amend, extend or alter the coverage afforded by the policy listed herein. Notwithstanding any requirement, term or condition of any contract or other document with respect to which this certificate of insurance may be issued or to which it may pertain, the insurance afforded by the policy described herein is subject to all the terms, exclusions, and conditions, of such policy. Authorized Representative President and CEO EMPLOYER'S LIABILITY LIMIT INCLUDING DEFENSE COSTS: $1,000,000 PER OCCURRENCE. ENDORSEMENT #2065 ENTITLED CERTIFICATE HOLDERS' NOTICE EFFECTIVE 09-28-2021 IS ATTACHED TO AND FORMS A PART OF THIS POLICY. ENDORSEMENT #1651 - DAVID EUGENE DOYER T.P - EXCLUDED. ENDORSEMENT #1651 - MARTINA DOYER VP - EXCLUDED. EMPLOYER A PLUS ROOFING AND CONSTRUCTION (A CORP) 2173 FROUDE ST SAN DIEGO CA 92107 SP RECEIVED APR 1 2 2022 Office of the City Clerk M0408 (REV.7-20141 PRINTED : 04-05-2022 j JULY 21, 2022 CITY OF PALM SPRINGS 3200 E TAHQUITZ CANYON WAY PALM SPRINGS CA 92262-6959 RECEVVDt JUL O C IN REPLY REFER TO: Office of the , ,.; . ,., ., RECEIVED JUL 2 6 2022 Oflue of the City Clerk CERTIFICATE OF WORKERS' ----------------------- COMPENSATION INSURANCE ---------------------- CANCELLATION NOTICE ------------------- RE: CERTIFICATE DATED APRIL 4, 2022 THE WORKERS' COMPENSATION INSURANCE POLICY FOR THE EMPLOYER NAMED BELOW WILL BE CANCELLED EFFECTIVE AUGUST 25, 2022 AT 12:01 A.M. IF YOU HAVE ANY QUESTIONS REGARDING THIS NOTICE, PLEASE CONTACT THE EMPLOYER NAMED BELOW EMPLOYER: A PLUS QUALITY CONSTRUCTION INC 2173 FROUDE ST SAN DIEGO, CA 92107 POLICY 1979018-21 POLICYHOLDER SERVICES SPECIALTY OPERATIONS DISTRICT OFFICE (925) 523-5199 5860 Owens Or Pleasanton, CA 94588-3900 Mailing Address: P.O. Box 8192 - Pleasanton, CA 94588-9682 SCIF 19102 RECEIVED JUL 2 6 2022 IN REPLY REFER TO: JULY 22, 2022 Office of the City Clerk CITY OF PALM SPRINGS 3200 E TAHQUITZ CANYON WAY PALM SPRINGS CA 92262-6959 CERTIFICATE OF WORKERS' ----------------------- COMPENSATION INSURANCE ---------------------- CANCELLATION WITHDRAWAL NOTICE ------------------------------ RE: CERTIFICATE DATED APRIL 4, 2022 THE CANCELLATION HAS BEEN WITHDRAWN FOR THE WORKERS' COMPENSATION INSURANCE POLICY FOR THE EMPLOYER NAMED BELOW. THIS LETTER SUPERSEDES THE NOTICE OF CANCELLATION SENT TO YOU ON JULY 21, 2022. THIS EMPLOYER'S WORKERS' COMPENSATION INSURANCE COVERAGE CONTINUED UNINTERRUPTED. REP 04 EMPLOYER: A PLUS QUALITY CONSTRUCTION INC 2173 FROUDE ST SAN DIEGO, CA 92107 POLICY 1979018-21 POLICYHOLDER SERVICES SPECIALTY OPERATIONS DISTRICT OFFICE (925) 523-5199 5860 Owens Or Pleasanton, CA 94588-3900 Mailing Address: P.O. Box 8192 - Pleasanton, CA 94588-9682 SCIF 19102