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HomeMy WebLinkAbout1/5/2005 - STAFF REPORTS (7) DATE: January 5, 2005 TO: City Council FROM: Director of Aviation NEW AIRPORT EMPLOYEE PARKING LOT B -AWARD OF CONTRACT RECOMMENDATION: It is recommended that the City Council award a contract forthe New Airport Employee Parking Lot B at the Palm Springs International Airport(City Project 2004-07)to G&M Construction for an amount of$420,900. SUMMARY: Section 7.03.040 of the Procurement and Contracting Code requires that for public projects in excess of $100,000 the City Council approve and adopt the plans, specifications, and authorize staff to advertise for construction bids. This action was taken by the Council on October 20, 2004. BACKGROUND: During the budgeting process, $500,000 was set aside for this project,which will allow the first phase (lot "B") to be completed. Depending on the relocation of the CNG facility and funding, the Airport would complete the second phase (lot "A") at a later date under a separate bid. The process was outlined to the Commission during the regularly scheduled meeting of October 1, 2004. The Airport and Planning Commissions have previously approved of this project. Bids were opened at 2:00 p.m. on November 23, 2004. The following bids were received: Granite Construction - $541,531; Matich Construction - $479,479; and, G&M Construction - $420,900. The Airport Engineer and the Department of Procurement and Contracting conducted a review as to the responsiveness of proposals and found the low bidder to have submitted a responsive proposal. The Airport Commission was updated on this item at it's regularly scheduled meeting of December 1, 2004 and recommends City Council approval. Funding for this pr ' is available in account 415-6400-56065. RICHARD S. WALSH XA.E. Director of Aviation APPROVED2-- "� City Manager ��' Attachments: (1) Contract Agreement REVIEWED BY DEPT.OF FINANCE (1) Minute Order -�� � CONTRACT AGREEMENT PALM SPRINGS INTERNATIONAL AIRPORT CITY PROJECT NO. 2004-07 TEMPORARY EMPLOYEE PARKING LOT B THIS AGREEMENT,made and entered into this day of 20_, by and between the City of Palm Springs, California, ("City"), and G & M Construction("Contractor"). WITNESSETH: Article 1. For and in consideration of the payments and agreements hereinafter mentioned, to be made and performed by the City, and under the conditions expressed in the bonds bearing even date to these presents and hereunto annexed, Contractor agrees with City, at his or her own proper cost and expense, to do all the work and furnish all materials, except such as are mentioned in the specifications to be furnished by City, necessary to complete in good workmanlike and substantial manner all of the work for: Improvements to Palm Springs International Airport, City Project No. 2004-07,in accordance with the drawings,proposal, description of work, and special provisions therefor, and also in accordance with the technical specifications for this project, at the first pub- lication of the Invitation for Bids,and all other codes and ordinances referred to and thereby made a part hereof. The limits and location of said work to be done is shown upon the City of Palm Springs Drawings entitled Improvements to Palm Springs International Airport, City Project No. 2004-07, consisting of numbered sheets which said sheets are hereby made a part of this Agreement. Article 2. Contactor is responsible for famishing all said materials and labor, furnishing and removing all plants, temporary work or structures, tools and equipment, and doing all the work contemplated and embraced in this Agreement; also, for all loss and damage arising out of the nature of the work aforesaid, or from the action of the elements or from any unforeseen difficulties which may arise or be encountered in the prosecution of the work until its acceptance by the City, and for all risks of every description connected with the work; also, for all expense incurred by or in consequence of the suspension or discontinuance of work except such as, in the said specifications, are expressly stipulated to be bome by the City, and for well and faithfully completing the work and whole thereof, in the manner shown and described in the said drawings and specifications and in accordance with the requirements of the Airport's Engineer. The City shall pay and the Contractor shall receive in full compensation therefor, the prices for the several items named in the bidding sheet of the proposal. Article 3. The City hereby promises and agrees with the Contractor to employ and does hereby employ the Contractor to provide the materials and do the work according to the terms and conditions herein contained and referred to for the unit prices bid, and hereby contracts to pay the same at the time, in the manner, and upon the conditions above set forth; and the Parties for themselves, their heirs, executors, administrators, successors and as- signs, do hereby agree to die full performance of the covenants herein contained. Article 4. A. Contract Documents: The Contact Documents consist of: Notice Inviting Bids, Instuctions to Bidders, the accepted Bid Schedule, the Schedule of Values or cost-loaded CPM schedule on lump-sum projects, Equipment or Material Proposed(when required);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 Contact; Supplementary General Conditions of the Contract; Technical Specifications; Drawings listed in The Schedule of Drawings in the Supplementary General Conditions or in the Index on the Cover Sheet of the Drawings; inclusive; and all Change Orders and Work Directive Changes which may be delivered or issued after the Effective Date of the Agreement and are not attached hereto. V-1 ��� B. Order of Precedence of Contract Documents: 1. In resolving disputes resulting from conflicts, errors, or discrepancies in any of the Contract Documents,the order of precedence shall be as follows: a. Change Orders or Work Directive Changes b. Agreement C. Federal Requirements d. Addenda C. Contractor's Bid(Bid Forms) f. Supplementary General Conditions g. Notice Inviting Bids h. Instructions to Bidders i. General Conditions of the Contract j. Technical Specifications k. Referenced Standard Specifications 1. Contract Drawings in. Referenced Standard Drawings. 2. With reference to the Drawings the order of precedence shall be as follows: a. Figures govern over scaled dimensions b. Detail drawings govern over general drawings C. Addenda or Change Order drawings govem over Contract Drawings d. Contract Drawings govern over standard drawings e. Contract Drawings govern over shop drawings Article 5. Contract Clauses and Requirements for Construction Contracts A. General and Labor Clauses for All Construction Contracts and Subcontracts 1. Consent to Assignment, The Contractor shall obtain the prior written consent of the City to any proposed assignment of any interest in or part of this contract. 2. Convict Labor. No convict labor shall be employed under this contract. 3. Withholding City from Contractor. The City may withhold or cause to be withheld from the Contractor so much of the accrued payments or advances as may be considered necessary to pay laborers and mechanics employed by the Contractor or any subcontractor on the work the full amount of wages required by this contract. 4. Nonpayment of Wages If the Contractor or any subcontractor fails to pay any laborer or mechanic employed or working on the site of the work any of the wages required by this contract, the City may, after written notice to the Contractor, take such action as may be necessary to cause the suspension of any further payment or advance of funds until the violations cease. 5. Subcontracts. The Contractor shall insert in each of his subcontracts the provisions contained in this section and also a clause requiring the subcontractors to include these provisions in any lower tier subcontracts which they may enter into, together with a clause requiring this insertion in any finther subcontracts that may in turn be made. B. Miscellaneous Clause Requirements for All Construction Contracts and Subcontracts Unless Otherwise Indicated. During the performance of this contract, the Contractor, for itself, its assignees and successors in interest(hereinafter referred to as the "Contractor")agrees as follows: V-2 1. Breach of Contract Terms - Sanctions. Contracts/Subcontracts shall contain such contractual provisions or conditions which will allow for administrative, contractual or legal remedies in instances where Contractors violate or breach contract terms, and provide for such sanctions and penalties as may be appropriate. A sample clause is: "Any violation or breach of the terms of this contract on the part of the Contractor/Subcontractor may result in the suspension or termination of this contract or such other action which may be necessary to enforce the rights of the parties of this agreement." The terms and conditions of paragraph 80-09 of the General Provisions of these Contract Documents are hereby made a part of this agreement as fully as if set out at length herein. 2. Contract Termination. (For contracts in excess of$10,000.) This contract may be terminated by the City for default or any other conditions or circumstances beyond the control of the Contractor. Termination conditions,the manner by which it will be effected and the basis for settlement are as follows: "In the event that the City is prohibited from completing the project because of conditions or circumstances beyond the control of either the City or the Contractor such as,but not limited to, an Executive Order of the President with respect to the prosecution of war or in the interest of national defense or an order of any State or Federal Court permanently prohibiting the construction of the project,the City, acting by and through its Airport Director,may terminate the Contract or portion thereof by giving at least ten(10)days written notice thereof to the Contractor. When the Contract, or any portion thereof,is terminated before completion of all items of work in the Contract, payment will be made for the actual number of units or items of work completed at the Contract price. On items or units which are only partially completed,payment will be made in proportion to the completed work as determined by the Engineer in his sole and absolute discretion,bears to the total bid price. Acceptable materials, obtained or ordered in the work at the time of such termination, shall at the option of the City be purchased from the Contractor at actual cost as shown by receipted bills and actual cost records at the point of delivery. The intent of this provision is to provide a method of equitable settlement with the Contractor in the event of termination of the Contract because of conditions or circrmrstances beyond the control of either party. Loss of anticipated profits shall not be considered. It is also the intent of this provision that a settlement for the work performed shall not relieve the Contractor or his surety from responsibility for defective work and/or materials on the completed portion of the work, nor for labor and materials as expressed in the surety bond or bonds. The Airport Director or his authorized representatives shall be given full access to all books,correspondence and papers of the Contractor relating to this Contract in order to determine the amounts to be paid on account of the termination of the Contract." C. Access to Documents.Records,Etc. 1. For All Cost Reimbursement Tvoe of Contracts The Contractor shall maintain an acceptable cost accounting system. The City or an authorized representative of either, shall be allowed access to the Contractor's records which are pertinent to the contract for the purpose of accounting and audit. The Contractor shall maintain all required records for three years after the City makes final payment and all other ending matters are closed. 2. For All Negotiated Contacts in Excess of$10,000 The Contractor shall maintain an acceptable cost accounting system. The City or any of their duly authorized representatives, shall be allowed access to any books, documents,papers and records of the Contractor which are directly pertinent for the purpose of making audit, examination, excerpts and transcriptions. The Contractor shall maintain all required records for three years after the City makes final payment and all other pending matters are closed. D. Bonding Clauses for Construction Contracts and Subcontracts. 1. The Contractor agrees to famish a performance bond for 100 percent of the contract price. This bond is one that is executed in connection with a contact to secure fulfillment of all the Contractor's obligation under such contract. 2. The Contractor agrees to furnish a payment bond for 100 percent of the contract price. This bond is one that is executed in connection with a contract to assure payment as required by law of all persons supplying labor and material in the execution of the work provided for in the Contract. Article 6. The Contractor agrees to accept as his full and only compensation for the performance of all the work required Linder this Contract such sum or sums of money as may be proper in accordance with the price or prices set forth in the Contractor's Proposal attached hereto and made a part hereof covering all of the items. Article 7. To the extent allowed by law, the Contractor agrees to indera nify, defend and hold harmless the City, from any and all claims and damages to property and injury to persons which may arise both of and during operations Linder this Contact, whether such operations be by the Contractor or by any subcontractor or anyone directly or indirectly employed by the Contactor or any other employee or person employed or engaged on or about, of in connection with,the construction. Article S. Venue and jurisdiction of any action will only be brought in the hidio Superior Court, Riverside County, California. Attorney Fees Costs and Expenses of Litigation. In the event of a breach of this agreement,the breaching party shall pay to the non-breaching patty all reasonable Attorney fees,cost and other expenses, incurred by the non- breaching party enforcing its rights as a result of said breach. Article 9. If any claim of lien or stop notice or any other demand for payment or security therefor, including claims or demands upon performance and payment of bond sureties for the Contact, is made or filed with the City or against the project with respect to this Contact by any person claiming under or through Contactor, including any Subcontractor or material supplier, or if at any time there shall be evidence of any claim of lien, stop notice or other demand for which,if established,the City or the project might become liable,then the City shall have the right to retain from any payment then due or thereafter to become due under the Contact or to be immediately reimbursed by Contractor for an amount sufficient to(i) satisfy, discharge and defend against any such claim of lien or stop notice or other demand, or any action or proceeding thereof which may be brought to judgment or award; (ii) make good any such non-payment, non-performance, damage, failure or default; and (iii) compensate the City for and indemnify it against any loss, liability, damage, cost and expense (including attorneys' and consultants' fees) which may be sustained or incurred in connection therewith. Should Contractor, any Subcontractor, or other person or any of them,make,record or file or maintain any action on or respecting a claim of mechanics'lien, a stop notice, equitable lien; payment or performance bond or lis pendens relating to the work, the Contractor shall immediately and at its own expense, secure, furnish and record appropriate statutory release bonds of bonding companies acceptable to the City which will extinguish or expunge said claim, stop notice or lis pendens and Contractor hereby agrees to indemnify, protect, defend and hold the City harmless from any such claim, mechanics' lien, stop notice, equitable lien,payment or performance bond or lis pendens. Article 10. 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 fear 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 11. 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 marries that are due may not be assigned without such consent V-4 (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 total estimated cost for City Project No.2004-07, thereof to be Four Hundred Twenty Nine Thousand Nine Hundred Dollars and 00/Cents($429,900.00). Signature Page Follows V-5 ' 12/18/2004 15:27 FAX 940 223 1180 ALESHIRE & WYNDER, LLP ljj007/007 IN WITNESS WI I PRVOV, Ilse parlics li;iw, e.xecuted and entered into Ibis Af.xeonlent lis of the date first wrillcil above. CITY OF PAI,N[SPRINGS ATTEST: a 111111116pill corporation BI VI . By: I. ... ........ ............... City("lei k City Mariag.cr APPROVED AS M FORM: Ily, City Attorney CONTRACTOR: (;heck oiw:__,,.Individual _Corporation Cortionliom eulliwo tVv0 Tl()[,irixe,i 011C ['10111 C;ICII OfTlIC I0110Willf, A. (Imirmari til'13clard,llro.sidenl,orim.c Vikc lltuaidcnl.ANI)13. SeCrctarv,As k(;ini Secrctary,1 MMAHM ASSISTOJIL I IM5LIet,01 (.1116f I IMIUMI Offiil-a[') By: liy: ..... ... sip'llatill,2 (Iloiari?vd) Signature (polarized) Nallic: Nomw .... . .. ........... ............. ......... ............... ............ ...... ------ Tific: Statt!(Ii,.- Stole ol- County of. Iss ("ouilly of ;s-i Oil before nie, On beiiienic. 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Noiary 15igrtaiun�; Nottuy Seal: Not'lly Seal: V-6 MINUTE ORDER NO. APPROVING AWARD OF A CONTRACT AGREEMENT BETWEEN THE CITY OF PALM SPRINGS AND G&M CONSTRUCTION FOR THE NEW AIRPORT EMPLOYEE PARKING LOT BAT THE PALM SPRINGS INTERNATIONAL AIRPORT FOR AN AMOUNT OF $420,900. I HEREBY CERTIFY that this Minute Order, approving award of a contract agreement between the City of Palm Springs and G&M Construction for the New Airport Employee Lot B at the Palm Springs International Airport for an amount of$420,900 was adopted by the City Council of the City of Palm Springs, California, in a meeting thereof held on the 5th day of January, 2005. KATHIE HART City Clerk