HomeMy WebLinkAbout9/6/2017 - STAFF REPORTS - 1.U. a
City Council Staff Report
DATE: September 6, 2017 CONSENT CALENDAR
SUBJECT. AWARD A CONSTRUCTION CONTRACT TO AL MILLER & SONS
ROOFING COMPANY, INC.. A CALIFORNIA CORPORATION, IN THE
AMOUNT OF $528,310 FOR THE PALM SPRINGS ROOF REPAIR AND
REPLACEMENT PROJECT, CITY PROJECT NO. 16-05
FROM: David H. Ready, City Manager
BY: Engineering Services Department
SUMMARY
Award of this contract will allow the City to proceed with construction of the Palm
Springs Roof Repair and Replacement Project, City Project No. 16-05.
RECOMMENDATION:
1. Waive any informality (non-responsiveness), and award a construction contract
(Agreement No. ) to Al Miller & Sons Roofing Company, Inc., a California
corporation, in the amount of $528,310 for the Palm Springs Roof Repair and
Replacement Project, City Project No. 16-05;
2. Authorize the City Manager to approve and execute construction contract change
orders up to an additional amount of $52,850, and
3. Authorize the City Manager to execute all necessary documents.
STAFF ANALYSIS:
As part of the Fiscal Year 2016/17 budget, the City Council appropriated $275,000 as
budget through Measure J Capital Project Fund for the Palm Springs Roof Repair and
Replacement Project, City Project No. 16-05 (the "Project').
On September 28, 2016, in accordance with their on-call agreement, the City Manager
authorized Harris & Associates (Harris) to proceed with preparation of design plans and
specifications for the Project. A total of $22,350 has been budgeted to Harris for the
design phase. .�
ITEM NO. y'u
City Council Staff Report
September 6, 2017 -- Page 2
Award Construction Contract for CP16-05
The Project includes the repair and replacement of existing roof systems located at five
critical city facilities, selected for those with the worst condition roof systems. The
scope of work includes removing and reinstalling utilities and equipment, surface
preparation, roof installation (FiberTite membrane), roof accessories, substrate, wood
beam cap, repairs, and inspections and all appurtenant work. Below are images from
the construction drawings prepared through the design phase shown in Figures 1
through 5.
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City Council Staff Report
September 6, 2017 -- Page 3
Award Construction Contract for CP16-05
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Swim Center
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City Council Staff Report
September 6, 2017 -- Page 4
Award Construction Contract for CP16-05
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Demuth Community Center
Location 5
04
City Council Staff Report
September 6, 2017 -- Page 5
Award Construction Contract for CP16-05
The contract documents (plans and specifications) prepared by Harris have been
reviewed and approved by the City's Building Department. The project has also been
reviewed by the City's Planning Department under its Minor Architectural Review
procedures. The Planning Department has determined the architectural changes to the
roof repair and replacement are appropriate and has issued approvals through Case
No's. 3.3613, 3.3377, and 5.0793.
On June 7, 2017, the City Council approved the contract documents and authorized the
release for bidding. As the Project involves five various city facilities, staff separated the
working into five separate Bid Schedules; the scope of each Bid Schedule is provided
here:
Bid Schedule A (Location — City Hall):
The scope of work shall include, but is not limited to; demolition of existing roof
accessories; installation of new roof membrane (FiberTite or approved equal);
installation of roof membrane accessories; removing and reinstalling existing
mechanical units; replacing electrical conduit sleepers with new supports;
miscellaneous conduit repair; replacing metal parapet caps; wall and edge flashings;
expansion joints; new equipment curbs; surface preparation; inspection; warranty; and
all appurtenant work.
Bid Schedule B (Location — Swim Center):
The scope of work shall include, but is not limited to; demolition of existing roof
accessories; installation of new roof substrate; installation of new wood beam cap;
installation of new roof membrane (FiberTite or approved equal); installation of roof
membrane accessories; replacing electrical conduit sleepers with new supports;
miscellaneous conduit repair; replacing metal parapet caps; roof drains; new grates;
surface preparation; inspection; warranty; and all appurtenant work.
Bid Schedule C (Location — Leisure Center):
The scope of work shall include, but is not limited to; demolition of existing roof
accessories; installation of new roof substrate; installation of new roof membrane
(FiberTite or approved equal); installation of roof membrane accessories; replacing
electrical conduit sleepers with new supports; miscellaneous conduit repair;
miscellaneous roof patching; replacing metal parapet caps; edge flashings; mechanical
fasteners; surface preparation; inspection; warranty; and all appurtenant work.
Bid Schedule D (Location — Pavilion):
The scope of work shall include, but is not limited to; demolition of existing roof
accessories; installation of new roof substrate; installation of new roof membrane
(FiberTite or approved equal); installation of roof membrane accessories; removing and
reinstalling existing hatches; replacing electrical conduit sleepers with new supports;
miscellaneous conduit repair; miscellaneous roof repairs; new equipment curbs; surface
preparation; inspection; warranty; and all appurtenant work.
05
City Council Staff Report
September 6, 2017-- Page 6
Award Construction Contract for CP16-05
Bid Schedule E (Location — Demuth Community Center):
The scope of work shall include, but is not limited to; demolition of existing roof
accessories; installation of new roof membrane (FiberTite or approved equal);
installation of roof membrane accessories; removing and reinstalling existing
mechanical units; replacing electrical conduit sleepers with new supports;
miscellaneous conduit repair; replacing metal parapet caps; roof drain and ridge repairs;
new equipment curbs; surface preparation; inspection; warranty; and all appurtenant
work.
On June 8, 2017, the Notice of Inviting Bids was released to the general contracting
community and was published in the Desert Sun on June loth and 17th in accordance
with the City's bidding procedures. Subsequently, on July 20, 2017, the Procurement
and Contracting Division received four construction bids from the following contractors:
-Company Location Bid Amount
AI Miller & Sons Roofing Company, Inc. Cathedral City, CA $528,310.00
Best Contracting Services, Inc. Gardena, CA $775,937.00
Commercial Waterproofing Systems San Clemente, CA $997,184.00
Commercial & Industrial Roofing Co., Inc. S rin Valley, CA $1,049,317.00
The basis of award was Bid Schedule A through Bid Schedule E. On that basis, Al
Miller & Sons Roofing Company, Inc., a California corporation, submitted the lowest bid
in the amount of$528,310. A full bid summary is included as Attachment 1.
The lowest bid submitted from Al Miller & Sons Roofing Company, Inc., includes the
following costs for each separate scope of work:
Bid Schedule A (Location — City Hall): $336,900
Bid Schedule B (Location —Swim Center): $32,200
Bid Schedule C (Location — Leisure Center): $29,300
Bid Schedule D (Location — Pavilion): $17,710
Bid Schedule E (Location — Demuth Community Center): $112,200
Basis of Award: $628,310
Bid Analysis
As part of the City's normal bid review process, staff reviewed all of the bid documents
submitted by the apparent low bidder, Al Miller & Sons Roofing Company, Inc., to
ensure compliance with the Instructions to Bidders. After staffs review, staff
determined that Al Miller & Sons Roofing Company, Inc., did not include the Revised
Bid Schedule E (Location — Demuth Community Center) issued in Addendum No. 1
which revised the scope of work to "protect in place" in lieu of "remove and replace" the
existing metal standing seam roof system. Although, the Revised Bid Schedule E
06
City Council Staff Report
September 6, 2017 -- Page 7
Award Construction Contract for CP16-05
(Location — Demuth Community Center) was not a part of Al Miller & Sons Roofing
Company, Inc., bid submittal, the bidder did acknowledged Addendum No. 1 within the
contract bid forms, therefore, recognizing the minor change in scope intended for this
facility.
On all advertisements for bids, the City issues a disclosure under Section N-3 "Award of
Contract," in its Notice Inviting Bids declaring that:
The City reserves the right after opening bids to reject any or all bids, to waive any
informality (non-responsiveness) in a bid, or to make award to the lowest responsive,
responsive bidder, and reject all other bids, as it may best serve the interest of the City.
As a California charter city, pursuant to relevant state and case law, the City Council
retains general authority to award contracts in the best interests of the City. On the
basis, staff recommends that the City Council waive any informality (non-
responsiveness) in the bid submitted by Al Miller & Sons Roofing Company, Inc., and
determine that Al Miller & Sons Roofing Company, Inc., of Cathedral City, California,
submitted the lowest responsive bid.
Public Works Contractor Registration Law (SB 854)
Under California Labor Code Section 1771.1, as amended by Senate Bill (SB) 854
(2014), unless registered with the State of California Department of Industrial Relations
(DIR), a contractor may not bid, nor be listed as a subcontractor, for any bid proposal
submitted for public works projects on or after March 1, 2015. Similarly, a public entity
cannot award a public works contract to a non-registered contractor, effective April 1,
2015. Staff has reviewed the DIR's contractor registration database, and has confirmed
that Al Miller & Sons Roofing Company, Inc., is registered with the DIR, and is
appropriately licensed.
AI Miller & Sons Roofing Company, Inc., of Cathedral City, California submitted the
lowest responsive bid. Staff reviewed the bid, references, and contractor's license, and
found the Contractor to be properly licensed and qualified. A construction contract with
Al Miller & Sons Roofing Company, Inc., for the Project is included as Attachment 2.
Local Business Preference Compliance
Section 7.09.030 of the Palm Springs Municipal Code, "Local Business Preference
Program," requires prime contractors to use good faith efforts to sub-contract the supply
of materials and equipment to local business enterprises and to sub-contract services to
businesses whose work force resides within the Coachella Valley. Al Miller & Sons
Roofing Company, Inc., has an office located in Cathedral City, and has demonstrated
compliance with the City's local business preference program on the basis of the
information provided in its bid.
07
City Council Staff Report
September 6, 2017 -- Page 8
Award Construction Contract for CP16-05
ENVIRONMENTAL IMPACT:
Section 21084 of the California Public Resources Code requires Guidelines for
Implementation of the California Environmental Quality Act ("CEQA"). The Guidelines
are required to include a list of classes of projects which have been determined not to
have a significant effect on the environment and which are exempt from the provisions
of CEQA. In response to that mandate, the Secretary for Resources identified classes of
projects that do not have a significant effect on the environment, and are declared to be
categorically exempt from the requirement for the preparation of environmental
documents. In accordance with Section 15301 "Existing Facilities," Class 1 projects
consist of repair, maintenance, or minor alteration of existing public facilities involving
negligible or no expansion; therefore, the Palm Springs Roof Repair and Replacement
Project, City Project No. 16-05, is considered categorically exempt from CEQA, and a
Notice of Exemption has been prepared and filed with the Riverside County Clerk.
FISCAL IMPACT:
A total of $275,000 is currently budgeted for the Project through Measure J Capital
Project Fund (Fund 260); this was the estimate to provide roof repairs at the City Hall only
based on a prior roof replacement project. However, staff selected an additional four
priority roof systems requiring repair to include in the Project for bidding purposes. The
final construction estimate for the Project is $675,000.
Staff recommends that the City Council appropriate additional budget for this Project to
allow for roof replacements at these five critical facilities. The Project budget and incurred
expenditures are listed in Table 1, which indicates an additional budget of $360,329 will
be required to fully fund the Project.
Table of Project Costs Amount
FY16/17 Measure J Fund 260 $275,000
Design Services $22,350
Project Administration (through 8/14/17 $6,819
Project Administration Estimated $5,000
Construction Inspection Estimated $20,000
Construction Contract $528,310
Construction Contingency $52,850
Additional Budget Required $3609329
Table 1
08
City Council Staff Report
September 6, 2017-- Page 9
Award Construction Contract for CP16-05
The total cost of the Project exceeds the budget allotted from the Measure J Capital
Project Fund account. On that basis, an additional $360,329 is required to fully fund the
Project. Sufficient funding for the remaining $360,329 is available in the 2016-17 Fiscal
Year General Fund capital carryover balance.
SUBMITTED:
Thomas Garcia, P.E. Marcus L. Fuller, MPA, P.E., P.L.S.
City Engineer Assistant City Manager
David H. Ready, Esq
City Manager
Attachments:
1. Bid Summary
2. Construction Contract
09
ATTACHMENT 1
10
PALM SPRINGS ROOF REPAIR AND REPLACEMENT PROJECT,CITY PROJECT NO.16-05
BID SUMMARY Bid Opening:July 20,2017
BID SCHEDULE A
LOCATION-CITY HALL DUANT. UNIT AL MILLER&SONS BEST CONTRACTING COMMERCIAL COMMERICAL&INDUSTRIAL
DESCRIPTION ROOFING CO.,INC. SERVICES,INC. WATERPROOFING SYS. ROOFING CO.,INC.
The scope of work at this Lump Sum Bid Schedule consists of roof repair and
replacement for the Palm Springs City Hall,located at 3200 E.Tahqula Canyon Way.
The scope of work shall include, but is not limited to; demolition of existing roof
accessones; installation of new roof membrane (Fibei or approved equal);
installation of roof membrane accessories; removing and reinstalling existing
mechanical units; replacing electrical conduit sleepers with new supports;
miscellaneous conduit repair;replacing metal parapet caps;wall and edge fleshings: 1 LS $336,900.00 $465,591.00 $670,822.00 $699,328.D0
expansion joints;new equipment curbs;surface preparation;inspection;woman ryIan
d
all appurtenant work as identified for the City of Palm Springs Palm Springs Re.
Roofing Typical Roofing Details,as Identified on Drawing Sheet No.A2.1 as
Illustrated In the Construction Plans, Special Provisions, and all other
applicable General Notes,details, and associated Information shown on the
Drawings.
BID SCHEDULE B
LOCATION-SWIM CENTER DUANT. UNIT ALMILLER&SONS BESTCONTRACTING COMMERCIAL COMMERICAL&INDUSTRIAL
DESCRIPTION ROOFING CO. INC. SERVICES INC. WATERPROOFING SYS. ROOFING CO. INC.
The scope of work of this Lump Sum Bid Schedule consists of roof repair and
replacement for the Palm Springs Swim Center,located at 405 S.Pavilion Way.The
scope of work shall include, but is not limited to: demolition of existing roof
accessories; installation of new roof substrate;installation of new wood beam cap;
installation of new roof membrane(FiberTOe or approved equal);installation of roof
membrane accessories: replacing electrical conduit sleepers with new supports: 1 LS $32,200.00 $57.829.00 $56,590.00 $52,944.00
miscellaneous conduit repair;replacing metal parapet caps;roof drains;new grates;
surface preparation;inspection;warranty;and all appurtenant work as identified for the
City of Palm Springs Palm Springs Re-Roofing Typical Roofing Delete, as
Identified on Drawing Sheet No.A2.2 as illustrated in the Construction Plans,
Special Provisions, and all other applicable General Notes, details, and
associated information shown an the Drawings.
BID SCHEDULE C
LOCATION-LEISURE CENTER DUANT. UNIT ALMILLER&SONS BESTCONTRACTING COMMERCIAL COMMERICAL&INDUSTRIAL
DESCRIPTION ROOFING CO. INC. SERVICES INC. WATERPROOFING SYS. ROOFING CO. INC.
The scope of work of this Lump Sum Bid Schedule consists of roof repair and
replacement for the Palm Springs Leisure Center,located at 401 S.Pavilion Way.The
scope of work shall include, but is not limited to: demolition of existing roof
accessories; installation of new rod substrate; installation of new roof membrane
(FiberTife or approved equal);installation of roof membrane accessories;replacing
electrical conduit sleepers with new supports; miscellaneous conduit repair; 1 LS $29.300.00 $47.972.00 $51,952.00 $62,145.00
miscellaneous roof patching; replacing metal parapet raps; edge flashings;
mechanical fasteners;surface preparal l inspection;warranty',and all appurtenant
work as identified for the City of Palm Springs Palm Springs Re-Roofing Typical
Roofing Details,as Identified on Drawing Sheet No.A2.3 as Illustrated In the
Construction Plans,Special Provisions,and all other applicable General Notes,
details,and associated information shown on the Drawings.
BID SCHEDULE D
LOCATION-PAVILION DUANT. UNIT ALMILLER&SONS BESTCONTRACTING COMMERCIAL COMMERICAL&INDUSTRIAL
DESCRIPTION ROOFING CO.,INC. SERVICES,INC. WATERPROOFING SYS. ROOFING CO. INC.
The scope of work of this Lump Sum Bid Schedule consists of roof repair and
replacement for the Palm Springs Pavilion,located at 401 S.Pavilion Way.The scope
of work shall include,but is not limited to; demolition of existing rod accessories;
installation of new rod substrate; installation of new rod membrane(FibefTile or
approved equal).installation of rod membrane accessories;removing and reinstalling
exisbrg hatches; replacing electrical conduit sleepers with new supports: 1 LS SlT710.D0 $29,401.00 $26.820.00 $36,463.00
miscellaneous conduit repair, miscellaneous rod repairs; new equipment curbs;
surface preparation;inspection;warranty;and all appurtenant work as identified for the
City of Palm Springs Palm Springs Re-Roofing Typical Roofing Detalls, as
Identified on Drawing Sheet No.A2.4 as Illustrated in the Construction Plans,
Special Provisions, and all other applicable General Notes, details, and
associated Information shown on the Drawings.
REVISED BID SCHEDULE E
LOCATION-DEMUTH COMMUNITY CENTER DUANT. UNIT ALMILLER&SONS BESTCONTRACTING COMMERCIAL COMMERICAL&INDUSTRIAL
DESCRIPTION ROOFING CO. INC. SERVICES INC. WATERPROOFING SYS. ROOFING CO. INC.
The scope of work of this RevIsed Lump Sum Bid Schedule consists of roof repair
and replacement for the Palm Springs Demuth Community Center,located at 3601 E.
Mesquite Avenue.The scope of work shall include,but is not limited to;demolition of
existing rod accessories;installation of new roof membrane(FiberTite or approved
equal);iesta0a&en of Re w reel simulated memolane; installation of rod membrane
accessories:removing and reinstalling existing mechanical units;replacing electrical
conduit sleepers with new supports; miscellaneous conduit repair, replacing metal 1 LS $112,200.00 $175,144.00 $189,000.00 $198,437.00
parapet caps; well,edge and gutter flashings; roof drain and edge repairs, new
equipment curbs;surface preparation;inspection;warranty;and all appurtenant work
as identified for the City of Palm Springs Palm Springs Re-Rocling Typical
Roofing Details,as Identified on Drawing Sheet No.A2.5 as illustrated In the
Construction Plans,Special Provisions,and all other applicable General Notes,
details,and associated Information shown on the Drawings.
TOTAL=) $5281 I $775,937.00 I $997,184.00 I $1,049,317.00
1 2 3 4
ATTACHMENT 2
AGREEMENT
(CONSTRUCTION CONTRACT)
THIS AGREEMENT made this _ day of 20_, 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 Al Miller & Sons Roofinq Company, 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:
PALM SPRINGS ROOF REPAIR AND REPLACEMENT PROJECT
CITY PROJECT NO. 16-05
The Work comprises roof repairs and replacement at five (5) various city facilities. The
scope of work includes removing the existing roof system and accessories, removing and
reinstalling utilities and equipment, surface preparation, roof installation (fibertite
membrane), roof accessories, substrate, wood beam cap, repairs, inspections and other
appurtenant work.
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 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.
PALM SPRINGS ROOF REPAIR AND REPLACEMENT PROJECT
CITY PROJECT NO. 16-05 AGREEMENT FORM
JUNE 6,2017 AGREEMENT AND BONDS-PAGE 1 f '
1 `,
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 Five Hundred Twenty Eight Thousand Three Hundred
Ten Dollars ($528,310).
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 numbers _1_ to —s which may be delivered or issued after the Effective Date of
the Agreement and are not attached hereto.
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.
PALM SPRINGS ROOF REPAIR AND REPLACEMENT PROJECT
CITY PROJECT NO. 16-05 AGREEMENT FORM
JUNE 8,2017 AGREEMENT AND BONDS-PAGE 2
14
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 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
Whenever any provision of the Contract Documents requires the giving of a written Notice
between the parties, 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 8 -- INDEMNIFICATION
The Contractor agrees to indemnify and hold harmless the City, and all of its officers and
agents from any claims, demands, or causes of action, including related expenses,
attorney's fees, and costs, based on, arising out of, or in any way related to the Work
undertaken by the Contractor hereunder. This Article 8 incorporates the provisions of
Section 7-15 "Indemnification," of the Special Provisions, which are hereby referenced
and made a part hereof.
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.
ARTICLE 9 -- NON-DISCRIMINATION
In connection with its performance under this Agreement, Contractor shall not
discriminate against any employee or applicant for employment because of race,
religion, color, sex, age, marital status, ancestry, national origin, sexual orientation,
gender identity, gender expression, physical or mental disability, or medical condition.
Contractor shall ensure that applicants are employed, and that employees are treated
during their employment, without regard to their race, religion, color, sex, age, marital
status, ancestry, national origin, sexual orientation, gender identity, gender expression,
PALM SPRINGS ROOF REPAIR AND REPLACEMENT PROJECT
CITY PROJECT NO.16-05 AGREEMENT FORM
JUNE 8,2017 AGREEMENT AND BONDS-PAGE 3
15
physical or mental disability, or medical condition. Such actions shall include, but not be
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.
ARTICLE 10 — 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.
SIGNATURES ON NEXT PAGE
PALM SPRINGS ROOF REPAIR AND REPLACEMENT PROJECT
CITY PROJECT NO.16-05 AGREEMENT FORM
JUNE 8,2017 AGREEMENT AND BONDS-PAGE 4 16
IN WITNESS WHEREOF, the City and the Contractor have caused this Agreement to be
executed the day and year first above written.
CITY OF PALM SPRINGS, APPROVED BY THE CITY COUNCIL:
CALIFORNIA
Date
By
David H. Ready
City Manager Agreement No.
ATTEST:
By
Kathleen D. Hart
Interim City Clerk
APPROVED AS TO FORM:
By
Edward Z. Kotkin
City Attorney
RECOMMENDED:
By
Thomas Garcia, P.E.
City Engineer
PALM SPRINGS ROOF REPAIR AND REPLACEMENT PROJECT
CITY PROJECT NO. 16-05 AGREEMENT FORM
JUNE 8,2017 AGREEMENT AND BONDS-PAGE 5 17
CONTRACTOR
By: Al Miller & Sons Roofing Company, Inc.,
Firm/Company Name
By: By:
Signature(notarized) Signature(notarized)
Name: Name:
Title: Title:
A notary public or other officer completing this certificate verifies only the identity of the individual who
signed the document to which this certificate is attached, and not the truthfulness, accuracy or validity of
that document.
(This Agreement must be signed in the above (This Agreement must be signed in the above
space by one having authority to bind the space by one having authority to bind the
Contractor to the terms of the Agreement.) Contractor to the terms of the Agreement.)
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(s) whose name(s) evidence to be the person(s) whose name(s)
is/are subscribed to the within instrument and is/are subscribed to the within instrument and
acknowledged to me that helshe/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 Seal: Notary Seal:
PALM SPRINGS ROOF REPAIR AND REPLACEMENT PROJECT
CITY PROJECT NO.16-05 AGREEMENT FORM 8
JUNE 8,2017 AGREEMENT AND BONDS-PAGE 6