HomeMy WebLinkAbout5/6/2009 - STAFF REPORTS - 2.J. °�Qa4m Spy
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City Council Staff Repo
Date: May 6, 2009 CONSENT CALENDAR
Subject: PALM SPRINGS STADIUM RE-ROOFING PROJECT, CITY PROJECT
NO. 08-23
From: David H. Ready, City Manager
Initiated by: Public Works and Engineering Department
SUMMARY
This fiscal year, the Parks and Recreation Department has budgeted funds to re-roof
the Palm Springs Stadium. Award of this contract will allow staff to proceed with this
public project.
RECOMMENDATION:
1) Approve Agreement No. in the amount of $27,900.00 with Anemos
Enterprises, Inc., for the Palm Springs Stadium Re-Roofing Project, City Project
No. 08-23; and
2) Authorize the City Manager to execute all necessary documents.
STAFF ANALYSIS,
The Palm Springs Stadium Re-roofing Project was initiated by the Parks and Recreation
Department, to repair the leaking roof of the existing office and locker room areas at the
Palm Springs Stadium.
The original project specifications were prepared by the Public Works and Engineering
Department staff in December 2008, and specified the complete removal of the existing
roofing and installation of a new ethylene inter-polymer (EIP) single ply roofing system,
as has been specified at all other facilities in recent years. This type of roofing was
successfully used on several City facilities, including the Leisure Center, Police
Department Training Center, Pavilion Building and James 0. Jessie Desert Highland
Unity Center.
City Council Staff Report
May 6, 2009 - Page 2
Palm Springs Stadium Re-Roofing Project(CP. 08-23)
In December 2008 the project was advertised for bids, and at 2:00 p.m. on January 13,
2009, the Procurement and Contracting Manager received construction bids from two
contractors:
1. Al Miller& Sons Roofing, Inc. $109,800.00
2. RGSLA, Inc. $118,264.00
The original Engineer's Estimate was $35,000.00. The original estimate was based on
prior re-roofing project costs per square foot; however, the Palm Springs stadium roof
has many conduits for utilities and communications extending across the roof that would
need to be removed and reinstalled to construct the EIP single ply roofing system that
was specified. This fact significantly inflated the construction cost for an EIP single ply
roofing system over what was estimated. As these bids exceeded the project's budget,
on March 4, 2009, City Council rejected the bids received and authorized staff to
proceed with re-advertise for bidding using a different roofing material than was
previously specified .
The Public Works and Engineering Department subsequently prepared new project
specifications requiring partial removal of the existing foam roofing, installation of new
sprayed polyurethane foam roofing and application of elastomeric coating on the entire
roof area. This type of application does not require removal and re-installation of all of
the conduits for utilities and communications extending across the roof, as the foam
material will be sprayed over these conduits in place. While the capital cost of the foam
roof will be much less, this type of roof will require more maintenance and re-coatings
every 4-5 years in order to preclude deterioration and leakage.
On March 14 and 21, 2009, the project was re-advertised for bids, and at 2:00 P.M. on
April 4, 2009, the Procurement and Contracting Manager received construction bids
from the following contractors:
1. Anemos Enterprises, Inc. — San Diego, CA $27,900.00
2. Cook Coatings, Inc- — Menifee, CA $29,200.00
3- Best Contracting — Gardena, CA $48,500.00
4. RGSLA, Inc. —Whittier, CA $64,700.00
The Engineer's Estimate was $30,000-00- The low bid was submitted by Anemos
Enterprises, Inc., and its principal officers are Moshuola C. Desyllas, CEO and
Demetrios Capous, Project Manager.
FISCAL IMPACT:
Sufficient funds are available in account No. 261-2494-51568.
- �2
City Council Staff Report
May 6, 2009 - Page 3
Palm Springs Stadium Re-Roofing Project (CP. 08-23)
Submitted:
AkE
David J. Barakian Thomas J. Wils n
Director of Public Works/City Engineer Assistant City Manager
-- r
David H. Ready
City Manager
Attachments:
1. Agreement
AGREEMENT
THIS AGREEMENT made this _a_ day of 200—, by 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 Anemos Enterprises, 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
The Contractor shall complete the Work as specified or indicated under the Bid Schedule
of the City's Contract Documents entitled:
PALM SPRINGS STADIUM RE-ROOF
CITY PROJECT NO. 08-23
The Work is generally described as follows:
Installation of sprayed polyurethane foam roofing system, and all appurtenant work at the
Palm Springs Baseball Stadium building located at 400 S. Sunrise Way in Palm Springs,
California.
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. They also 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 of $690 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.
PALM SPRINGS STADIUM RE-ROOF AGREEMENT FORM
CITY PROJECT NO.08-23 AGREEMENT AND BONDS-PAGE'7 P
219109
ARTICLE 3 - CONTRACT PRICE $27,900.00
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
and Bid Schedule(s).
ARTICLE 4 -- THE CONTRACT DOCUMENTS
The Contract Documents consist of the Notice Inviting Bids, Instructions to Bidders, the
accepted Bid and Bid Schedule(s), List of Subcontractors, Non-collusion Affidavit,
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 numbers 0 to 0 , inclusive, and all
Change Orders and Work Change Directives which may be delivered or issued after the
Effective Date of the Agreement and are not attached hereto.
ARTICLE 5 -- 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 Engineer or the City as provided in the Contract Documents.
ARTICLE 6 -- NOTICES
Whenever any provision of the Contract Documents requires the giving of a written
Notice, it shall be deemed to have been validly given if delivered in person to the
individual or to a member of the firm or to an officer of the corporation for whom it is
intended, or if delivered at or sent by registered or certified mail, postage prepaid, to the
last business address known to the giver of the Notice.
ARTICLE 7 -- 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.
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.
PALM SPRINGS STADIUM RE-ROOF AGREEMENT FORM
CITY PROJECT NO.08-23 AGREEMENT AND BONDS-PAQE 2
219109 �- "'
IN WITNESS WHEREOF, the City and the Contractor have caused this Agreement to be
executed the day and year first above written.
ATTEST:
CITY OF PALM SPRINGS, APPROVED BY THE CITY COUNCIL:
CALIFORNIA
By Date
City Clerk
Agreement No.
APPROVED AS TO FORM:
By
City Attorney
Date
CONTENTS APPROVED:
By
City Engineer
Date
By
City Manager
Date
PALM SPRINGS STADIUM RE-ROOF AGREEMENT FORM
CITY PROJECT NO.08.23 AGREEMENT AND BONDS-PAGE 3 ` �+
2/9109
Corporations require two notarized signatures: One signature must be from Chairman of Board, President, or any
Vice President. The second signature must be from the Secretary, Assistant Secretary, Treasurer, Assistant
Treasurer,or Chief Financial Officer,
CONTRACTOR:
Name: Anemos Enterprises, Inc. Check one: _Individual _Partnership X Corporation
Address: 12464 Brickellia Street
San Diego, CA 92129
By By
Signature (notarized) Signature (notarized)
Name. Name.
Title. Title:
(This Agreement must be signed in the above This Agreement must be signed in the above
space by one of the following: Chairman of the space by one of the following: Secretary, Chief
Board, President or any Vice President) Financial Officer or any Assistant Treasurer)
State of State of )
County of ) ss County of ) ss
On On
before me, before me,
personally appeared personally appeared
who proved to me on the basis of satisfactory who proved to me on the basis of satisfactory
evidence to be the person(a) whose name(s) evidence to be the person(s) whose name($)
is/are subscribed to the within instrument and is/are subscribed to the within instrument and
acknowledged to me that he/she/they executed acknowledged to me that he/she/they executed
the same in his/her/their authorized capacity(ies), the same in his/her/their authorized capacity(ies),
and that by his/her/their signatures(s) on the and that by his/her/their signatures(s) on the
instrument the person(s), or the entity upon behalf instrument the person(s), or the entity upon behalf
of which the person(s) acted, executed the of which the person(s) acted, executed the
instrument. instrument
I certify under PENALTY OF PERJURY under the I certify under PENALTY OF PERJURY under the
laws of the State of California that the foregoing laws of the State of California that the foregoing
paragraph Is true and correct paragraph is true and correct
WITNESS my hand and official seal. WITNESS my hand and official seal.
Notary Signature: Notary Signature:
Notary Seat Notary Seal:
PALM SPRINGS STADIUM RE-ROOF AGREEMENT FORM
CITY PROJECT NO.08.23 AGREEMENT AND BONDS-PAGE 4
2/9/09 m