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HomeMy WebLinkAbout2/27/2008 - STAFF REPORTS - 2.A. °4pALM SAS iy c+ v m r City Council Staff Report February 27, 2008 CONSENT CALENDAR Subject: AWARD OF CONTRACT FOR THE JAMES O. JESSIE DESERT HIGHLAND UNITY CENTER RE-ROOFING PROJECT, CITY PROJECT 07-20. From: David H. Ready, City Manager Initiated by: Public Works and Engineering Department Community and Economic Development Department SUMMARY This fiscal year the James O. Jessie Desert Highland Unity Center has been awarded Community Development Block Grant (CDBG) funds to re-roof the Gymnasium and Recreation Buildings. Award of this contract will allow staff to proceed with this public project. RECOMMENDATION: 1) APPROVE AGREEMENT NO. IN THE AMOUNT OF $81,200 WITH Al MILLER & SONS ROOFING, INC., FOR THE JAMES 0. JESSIE DESERT HIGHLAND UNITY CENTER RE-ROOFING PROJECT, CITY PROJECT 07-20 and 2) Authorize the City Manager to execute all necessary documents. STAFF ANALYSIS: The James 0. Jessie Desert Highland Unity Center is a neighborhood community center which consist of an approximate 20 acres of landscaped open space, picnic tables, a children's play area, a lighted baseball field, a gymnasium and recreation center. This project will install new ethylene inter-polymer (EIP) single ply roofing system on the Gymnasium and Recreation Buildings for improved energy efficiency. The project specifications have been prepared by the Public Works and Engineering Department staff. On January 25, 2008 and February 1, 2008, the project was advertised for bids, and at 2:00 p.m. on February 26, 2008, the Procurement and Contracting Manager received construction bids from the following contractors: 1. Al Miller & Sons Roofing, Inc. $ 81,200.00 2. Best Contracting Services, Inc. $106,095.00 3. Commercial & Industrial Roofing Co. Inc. $119,830.00 The Engineer's Estimate was $65,000.00. The low bid was submitted by Al Miller & Sons Roofing, Inc. which is a California Corporation, and its principal officers are C. A. Miller, President, Russell E. Miller, Chief Financial Officer. The City Council's award of this project is important in continuing to help the City to meet the U. S. Department of Housing and Urban Development's (HUD's) timely expenditure standard. This action will show evidence of progress within this fiscal year on this project, which is important in that the re-roofing project represents 18% of the total 2007-2008 CDBG entitlement budget. The HUD performs a "snap-shot" of the City's expenditure rate of CDBG funds on April 30, 2008 which is the statutory measurement standard by which the City's performance is judged. With this award, it is intended to have the project completed by the end of this fiscal year. FISCAL IMPACT. There is no direct fiscal impact to the General Fund. This project is entirely appropriated through CDBG fund account No. 137-4808-63544. David J. Barakian ohn S. Ray o d Director of Public Works/City Engineer a irect of Co munity & Economic DtviY opment David H. Ready, Thomas J. on City Manager Assistant City Manager ATTACHMENT: 1. Agreement AGREEMENT THIS AGREEMENT made this day of in the year 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 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. JAMES O, JESSIE DESERT HIGHLAND UNITY CENTER REROOFING CITY PROJECT NO. 07-20 The Work is generally described as follows: Installation of V polyisocya n u rate insulation; installation of a new EIP roofing system; and all appurtenant work at the following facilities- Gymnasium Building Recreation Building All located at the James O. Jessie Desert Highland Unity Center. 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 $576.00 for each calendar day that expires after the time specified in Article 2, herein. UNITY CENTER RE-ROOFING AGREEMENT FORM CITY PROJECT NO 07-20 AGREEMENT&BONDS-PAGE 1 1/18/08 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 and Bid Schedule(s). ARTICLE 4 -THE CONTRACT DOCUMENTS The Contract Documents consist of: 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, 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, Federal Labor Standards Provisions, Federal Prevailing Wages Rates, Technical Specifications, Drawings listed in The Schedule of Drawings in the Supplementary General Conditions or on the Cover Sheet of the Drawings, Addenda numbers to 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 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 parry 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. UNITY CENTER RE-ROOFING AGREEMENT FORM CITY PROJECT NO 07-20 AGREEMENT&BONDS-PAGE 2 1/18108 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. 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 Minute Order No. By City Clerk Date APPROVED AS TO FORM: Agreement No. By City Attorney Date CONTENTS APPROVED: By City Engineer Date By City Manager Date UNITY CENTER RE-ROOFING AGREEMENT FORM CITY PROJECT NO.07-20 AGREEMENT&BONDS-PAGE 3 1118/08 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: Check one:`Individual_Partnership_Corporation Address: 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 11 State Of 11 County Of Flss County of FIss 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: UNITY CENTER RE-ROOFING CITY PROJECT NO 07-20 AGREEMENT FORM 1/18/08 AGREEMENT AND BONDS-PAGE 4 2.A. AWARD OF CONTRACT FOR THE JAMES O. JESSIE DESERT HIGHLAND UNITY CENTER RE-ROOFING PROJECT, CITY PROJECT 07-20: RECOMMENDATION: 1) Approve an agreement with for the James O. Jessie Desert Highland Unity Center Re-roofing Project, in the amount of $ , City Project No. 07-20; and 2) Authorize the City Manager to execute all necessary documents. A BID OPENING ON TUESDAY, FEBRUARY 26, 2008 MATERIALS TO FOLLOW Item 2 . A .