HomeMy WebLinkAbout12/15/2010 - STAFF REPORTS - 2.N. Y Palm Springs City Council
Wednesday, December 15, 2010
Public Comment
Good evening, Mayor, Councilmembers and Staff:
My name is Donna Chaban; I am President Pro Tern of the Palm Springs
Public Library Board of Trustees.
I'm here this evening with our thanks and to address the Awarding of a
Contract for the Palm Springs Main Library Roofing Project.
This past January when Palm Springs experienced winter storms, and
even in previous years, it was very apparent that the Library's roof was
seriously leaking throughout the building.
Although the library building is a city-owned building, the Palm Springs
Public Library Board of Trustees recognizes the difficult financial issues
that the City of Palm Springs faces. For that reason, the Board of
Trustees voted in February of this year to authorize funds from its
Trust/Endowment Fund for a thorough roof inspection and for the City to
seek bids for the installation of a new roof and skylights, as well as
corrections to whatever other drainage problems were found in this 35-year
old building.
The Board would like to applaud the City's Public Works and Engineering
Department Staff, the City's Procurement Department, City Librarian
Barbara Roberts, and members of the City Council, for their efforts in
securing bids from almost a dozen roofing contractors.
On December 3, 2010 after the City's and our reviewing of these bids, the
Library Board of Trustees voted to accept the bid of Al Miller & Sons
Roofing Contractors for the roof project, and to authorize the City to fund
this project from the Library's Trust/Endowment Fund.
On behalf of the Library Board of Trustees, the thousands of library users,
and the library's many generous donors who have contributed to our
endowment fund over the years, I urge you to accept this bid and to
proceed with this much needed Library repair project.
Thank you.
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�`'F°� Citv Council Staff Report
Date: December 15, 2010 CONSENT CALENDAR
Subject: AWARD OF CONTRACT FOR THE PALM SPRINGS MAIN LIBRARY
ROOFING PROJECT, CITY PROJECT NO. 10-04
From: David H. Ready, City Manager
Initiated by: Public Works and Engineering Department
SUMMARY
This fiscal year, the Library Services Department has budgeted funds to re-roof the
Palm Springs Main Library Building. Award of this contract will allow staff to proceed
with this public project.
RECOMMENDATION:
1) Approve Agreement No. in the amount of $293,127.90 with Al Miller &
Sons Roofing Co., Inc. for the Palm Springs Main Library Roofing project, City
Project No. 10-04; and
2) Authorize the City Manager to execute all necessary documents.
STAFF ANALYSIS:
This fiscal year, the Library Services Department has budgeted funds to re-roof the
Palm Springs Main Library Building.
The project plans and specifications were prepared by the Public Works and
Engineering Department staff, and specified the installation of new ethylene inter-
polymer (EIP) single ply roofing system on both upper and lower roof. This type of
roofing was successfully used on several City facilities, including the Leisure Center,
Police Department Training Center, Pavilion Building and James O. Jessie Desert
Highland Unity Center. The project also includes replacement of the existing skylight
glass panels with dual pane energy efficient panels, replacement of the exterior lighting
system on the lower roof, and drainage improvements at three exterior library doors with
historical drainage problems due to reverse grade.
ITEM NO. "
City Council Staff Report
December 15, 2010 - Page 2
Palm Springs Main Library Roofing Project(CP. 10-04)
On September 8, 2010 the City Council approved the plans, specifications, and working
details for the Palm Springs Main Library Roofing Project, City Project No. 10-04 and
authorized the bid process.
On October 9, 2010 and October 16, 2010, the project was advertised for bids, and at
3:00 p.m. on November 9, 2010 the Procurement and Contracting Manager received
construction bids from seven contractors:
1. Al Miller & Sons Roofing Company, Inc. $293,127.90
2. Western States Roof Systems, Inc. $299,313.00
3. Adolfos Contractor Corporation $313,705.05
4. Pacific Builders & Roofing, dba WSP Roofing $356,500.00
5. Commercial & Industrial Roofing Co., Inc. $367,807.00
6. Tecta America Southern California, Inc. $385,000.00
7. Applied Roof Engineering, Inc. $503,975.00
The Engineer's Estimate was $240,000.00. The lowest, responsive bidder is Al Miller &
Sons Roofing Company, Inc., whose principal officers are Joe Miller, President and
Russell Miller, General Manager.
FISCAL IMPACT:
This project is funded from the Library Trust Fund. Sufficient funds are available in
account No. 151-2752-43880. No local miscellaneous General Funds are being used
for this project.
SUBMITTED:
Barbara L. obert David . Barakian
Director of Library Services Director of Public Works/City Engineer
Approved by:
C� P A
Thomas J. ilson, Asst. City Manager David H. Ready, Ci ger
Attachments:
1. Agreement
2
AGREEMENT
THIS AGREEMENT made this day of in the year 2010,
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 All Miller&
Sons Roofing Co., Inc. 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(s) of the City's
Contract Documents entitled:
PALM SPRINGS MAIN LIBRARY ROOFING
CITY PROJECT NO. 10-04
The Work is generally described as follows:
The Work comprises the installation of new Ethylene Inter-polymer(EIP)single ply roof system at the Library
Building lower and upper roof; replacement of existing skylights glass panels with dual pane energy efficient
panels on the Library Building upper roof; replacement of exterior roof lighting on the Library Building lower
roof; drainage improvements at three Library entrances; and all appurtenant work. The Library Building is
located at 300 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 Article 12 of the General Conditions. 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$700.00 for each calendar day that expires after the time specified in Article 2, herein.
ARTICLE 3-CONTRACT PRICE $293,127.90
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: Notice Inviting Bids, Instructions to Bidders, the accepted Bid and Bid
Schedule, the Schedule of Values, 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, Notice of Award, Notice to Proceed, Notice of Completion, General Conditions of the
Contract, Supplementary General Conditions of the Contract, Technical Specifications, Drawings listed in
The Schedule of Drawings in the Supplementary General Conditions or on the Cover Sheet of the Drawings,
Addenda numbers 01 to 02, 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.
AGREEMENT FORM
AGREEMENT& BONDS-PAGE 1
ARTICLE 5-PAYMENT PROCEDURES
The Contractor shall submit Applications for Payment in accordance with Article 14 of the General Conditions
and the Supplementary General Conditions. Applications for Payment will be processed by the Engineer or
the City as provided in the General Conditions.
ARTICLE 6-NOTICES
Whenever any provision of the Contract Documents requires the giving of 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 Article 1 of the General Conditions and Supplementary
General Conditions will have the meanings indicated in said General Conditions and Supplementary General
Conditions. 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 parry hereto, its partners, successors, assigns, and legal representatives in respect of all
covenants, agreements, and obligations contained in the Contract Documents.
IN WITNESS WHEREOF, the City and the Contractor have caused this Agreement to be executed the day
and year first above written.
ATTEST: CITYOF PALM SPRINGS,
CALIFORNIA CONTENTS APPROVED:
By By
City Clerk City Engineer
Date
APPROVED AS TO FORM:
By
By City Manager
City Attorney Date
Date
APPROVED BY THE CITY COUNCIL:
Date
Agreement No.
AGREEMENT FORM
AGREEMENT&BONDS-PAGE 2
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: Check one: Individual_Partnership X Corporation
Name: Al Miller& Sons Roofinq Company, Inc.
Address: 68760 Summit Drive
Cathedral City, CA 92234
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 II
County of I iss County of I iss
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
is/are subscribed to the within instrument and 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 instrument the person(s), or the entity upon behalf
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 MAIN LIBRARY ROOFING AGREEMENT FORM
CITY PROJECT NO. 10-04 AGREEMENT&BONDS-PAGE 3