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HomeMy WebLinkAboutCity Council Item No. 6CITY OF LAI.E � _LS1 DREAM EXTREME rx REPORT TO CITY COUNCIL TO: HONORABLE MAYOR AND MEMBERS OF THE CITY COUNCIL FROM: ROBERT A. BRADY CITY MANAGER DATE: MARCH 24, 2009 SUBJECT: AWARD CONTRACT FOR ROOF PROJECT Background The City of Lake Elsinore leases a portion of the Youth Opportunity Center to the California Family Youth Center, to operate a youth career development program. The other portion of the building is utilized for the city provided tiny tots (preschool) program. Based on the lease agreement the City is responsible for facility maintenance and capital improvements. The roof at the Youth Opportunity Center building has been identified for replacement. Over the years the City's maintenance staff and contractors have made the necessary repairs as needed, but at this time, the roof has reached a condition that requires it to be replaced. Discussion On January 23, 2009, a Notice Inviting Bids was published in the local newspaper inviting contractors to submit sealed bids for the roof project. Subsequently, a mandatory job walk was held with fourteen contractors in attendance. The City Clerk's office received 14 sealed bids, and opened the bids on February 19, 2009. The roof bids were reviewed and were ranked from the lowest bid to the highest. Staff contacted the two lowest bidders, Unique Home Remodeling and Dan's Roofing. The lowest bid submitted by Unique Home Remodeling was subsequently rejected as non- conforming because it did not satisfy Section 2 -3.2 of the Standard Specifications for Public Works Construction "Green Book ". Based on this section, the contractor must perform work amounting to at least fifty percent of the Contract Price and Unique Home Remodeling did not meet this criteria. Agenda Item No. 6 Page 1 of 15 Award Roof Bid March 24, 2009 Page 2 Staff's recommendation is to award the contract to the second lowest bidder, Dan's Roofing, in the amount of $17,450. It is also requested, a $2,500 contingency be included in the purchase order for unknown work to replace roof deck material, rain gutters, and facial boards as needed. The bids were as follows: 1. Unique Home Remodeling $13,777 2. Dan's Roofing $17,450 3. Jarco Roofing $19,492 4. Joe Putrino G.C. $21,350 5. Bell Roof Co. $22,480 6. Huffman Roof $22,492 7. Rite -Way Roofing $22,724 8. AWR Inc. $22,990 9. AAA Roofing $23,133 10. Woolbright's Roofing Inc. $23,427 11. Petersen Dean Inc. $23,543 12.Commercial & Industrial Roofing $26,053 13. Cabral Roofing $28,113 14. RGSLA Inc. $29,700 Fiscal Impact Funds for this project are in account 116- 0000 - 463.40 -11 Project #4343. Total cost of the project will not exceed $20,000. Recommendation Award the roof contract to Dan's Roofing and authorize the City Manager to execute the construction agreement. Approved by: Ray Gonzales Director of Parks and Recreation Approved by: Robert A. Brad City Manager f Agenda Item No. 6 Page 2 of 15 CONSTRUCTION AGREEMENT CITY OF LAKE ELSINORE THIS AGREEMENT, is made and entered into, to be effective, this day of , 200, by and between , hereinafter referred to as "Contractor ", and the CITY OF LAKE ELSINORE, a municipal corporation, hereinafter referred to as "City ". SECTION 1 GENERAL CONDITIONS Contractor certifies and agrees that he is fully familiar with all the terms, conditions and obligations of the Contract Documents as hereinafter defined, the location of the job site, and the conditions under which the work is to be performed, and that he enters into this Contract based upon his investigation of all such matters and is in no way relying upon any opinions or representations of City. It is agreed that this Contract represents the entire agreement. It is further agreed that the Contract Documents, including the Notice Inviting Bids, Special Instructions to Bidders, if any, and Contractor's Proposal, are incorporated in this Contract by reference, with the same force and effect as if the same were set forth at length herein, and that Contractor and its subcontractors, if any, will be and are bound by any and all of said Contract Documents, insofar as they relate in any part or in any way, directly or indirectly, to the work covered by this Contract. "Project ", as used herein, defines the entire scope of work covered by all the Contract Documents. Anything mentioned in the Specifications and not indicated in the Plans, or indicated in the Plans and not mentioned in the Specifications, shall be of like effect as if indicated and mentioned in both. In case of discrepancy in the Plans or Specifications, the matter shall be immediately submitted to City's Director of Parks and Recreation, without whose decision Contractor shall not adjust said discrepancy save only at his own risk and expense. The decision of City's Director of Parks and Recreation shall be final. SECTION 2 MATERIALS AND LABOR Contractor shall furnish, under the conditions expressed in the Plans and Specifications, at its own expense, all labor and materials necessary, except such as are mentioned in the Specifications to be furnished by the City, to construct and complete the Project, in good workmanlike and substantial order. If Contractor fails to pay for labor or materials when due, City may settle such claims by making demand Page 1 of 13 Agenda Item No. 6 Page 3 of 15 upon the surety to this Agreement. In the event of the failure of refusal of the surety to satisfy said claims, City may settle them directly and deduct the amount of payments from the Contract price and any amounts due to Contractor. In the event City receives a stop notice from any laborer or material supplier alleging non - payment by Contractor, City shall be entitled to deduct all of its costs and expenses incurred relating thereto, including but not limited to administrative and legal fees. SECTION 3 PROJECT The project is described as: Youth Center Roof Replacement SECTION 4 PLANS AND SPECIFICATIONS The work to be done is shown in a set of detailed Plans and Specifications entitled: Youth Center Roof Replacement Said Plans and Specifications and any revision, amendments, or addenda thereto are attached hereto and incorporated herein as part of this Contract and referred to by reference. The work to be done must also be in accordance with the General Provisions and Standard Specifications of City, which General Provisions and Standard Specifications are also incorporated herein and referred to by references. SECTION 5 TIME OF COMMENCEMENT AND COMPLETION Contractor agrees to commence the Project within fifteen (15) calendar days from the date set forth in the "Notice to Proceed" sent by City and shall diligently prosecute the work to completion within () calendar days from the date of Contract Award by the City Council at the , 200_ City Council Meeting, excluding delays caused or authorized by the City as set forth in Sections 7, 8 and 9 hereof. The time for completion includes (_) days determined by City likely to be inclement weather when Contractor will be unable to work. Page 2 of 13 Agenda Item No. 6 Page 4 of 15 SECTION 6 TIME IS OF THE ESSENCE Time is of the essence on this Contract. As required by the Contract Documents, Contractor shall prepare and obtain approval of all shop drawings, details and samples, and do all other things necessary and incidental to the prosecution of Contractor's work in conformance with an approved construction progress schedule. Contractor shall coordinate the work covered by this Contract with that of all other Contractors, subcontractors and of the City, in a manner that will facilitate the efficient completion of the entire work in accordance with Section 5 herein. City shall have complete control of the premises on which the work is to be performed and shall have the right to decide the time or order in which the various portions of the work shall be installed or the priority of the work of other subcontractors, and in general, all matters representing the timely and orderly conduct of the work of Contractor on the premises. SECTION 7 EXCUSABLE DELAYS Contractor shall be excused for any delay in the prosecution or completion of the Project caused by acts of God; inclement weather which exceed the number of calendar days estimated by the City and set forth in Section 5 hereof; damages caused by fire or failure of City to make timely payments to Contractor; late delivery of materials required by this Contract to be furnished by City; combined action of the workers in no way caused by or resulting from default or collusion of the part of Contractor; a lockout by City; or any other delays unforeseen by Contractor and beyond Contractor's reasonable control. City shall extend the time fixed in Section 5 for completion of the Project by the number of days Contractor has thus been delayed, provided that Contractor presents a written request to City for such time extension within fifteen (15) days of the commencement of such delay and City finds that the delay is justified. City's decision will be conclusive on the parties to this Contract. Failure to file such request within the time allowed shall be deemed a waiver of the claim by Contractor. No claims by Contractor for additional compensation or damages for delays will be allowed unless Contractor satisfies City that such delays were unavoidable and not the result of any action or inaction of Contractor and that Contractor to take available measures to mitigate such damages. Extensions of time and extra compensation as a result of incurring undisclosed utilities will be determined in accordance with Section 4 -4 of the General Provisions. The City's decision will be conclusive on all parties to this Contract. Page 3 of 13 Agenda Item No. 6 Page 5 of 15 SECTION 8 EXTRA WORK The Contract price includes compensation for all work performed by Contractor, unless Contractor obtains a written change order signed by a designated representative of City specifying the exact nature of the extra work and the amount of extra compensation to be paid, all as more particularly set forth in Section 9 hereof. City shall extend the time fixed in Section 5 for completion of the Project by the number of days reasonably required for Contractor to perform the extra work, as determined by City's Engineer. The decision of the City's Engineer shall be final. SECTION 9 CHANGES IN PROJECT A. City may, at any time, without notice to any surety, by written order designated or indicated to be a change order, make any change in work within the general scope of the Contract, including but not limited to changes: (1) In the Specifications (including drawings and designs); (2) In the time, method or manner of performance of the work; (3) In the City- furnished facilities, equipment, materials, services or site; or (4) Directing acceleration in the performance of the work. B. A change order shall also be any other written order (including direction, instruction, interpretation or determination) from the City which causes any change, provided Contractor give the City written notice stating the date, circumstances and source of the order and the Contractor regards the order as a change order. C. Except as provided in this Section 9, no order, statement or conduct of the City or its representatives shall be treated as a change order under this Section 9 or entitle Contractor to an equitable adjustment. D. If any change under this Section 9 causes an increase or decrease in Contractor's actual, direct cost or the time required to perform any part of the work under this Contract, whether or not changed by any order, the City shall make an equitable adjustment and modify the Contract in writing. Except for claims based on defective specifications, no claim for any change under Paragraph B above shall be allowed for any costs incurred more than twenty (20) days before the Contractor gives written notice as required in Paragraph B. In the case of defective specifications for which the City is responsible, the equitable adjustment shall include any increased Page 4 of 13 Agenda Item No. 6 Page 6 of 15 direct cost Contractor reasonable incurred in attempting to comply with those defective specifications. E. If Contractor intends to assert a claim for an equitable adjustment under this Section 9, it must, within thirty (30) days after receipt of a written change order under Paragraph A or the furnishing of a written notice under Paragraph B, submit a written statement to the City setting forth the general nature and monetary extent of such claim. The City may extend the thirty (30) day period. Contractor may include the statement of claim in the notice under Paragraph B of this Section 9. F. No claim by Contractor for any equitable adjustment shall be allowed if made after final payment under this Agreement. G. Contractor hereby agrees to make any and all changes, furnish the materials and perform the work that City may require without nullifying this Contract. Contractor shall adhere strictly to the Plans and Specifications unless a change therefore is authorized in writing by City. Under no condition shall Contractor make any changes to the Project, either in additions or deductions, without the written order of the City and the City shall not pay for any extra charges made by Contractor that have not been agreed upon in advance in writing by City. Contractor shall submit immediately to the City written copies of its firm's cost or credit proposal for change in the work. Disputed work shall be performed as ordered in writing by the City and the proper cost or credit breakdowns therefore shall be submitted without delay by Contractor to City. SECTION 10 LIQUIDATED DAMAGES FOR DELAY The parties agree that if the total work called for under this Contract, in all parts and requirements, is not completed within the time specified in Section 5, plus the allowance made for delays or extensions authorized under Sections 7, 8 and 9, the City will sustain damage which would be extremely difficult and impracticable to ascertain. The parties therefore agree that Contractor will pay to City the sum of ($ ) Dollars per day for each and every calendar day during which completion of the project is so delayed. Contractor agrees to pay such liquidated damages and further agrees that City may offset the amount of liquidated damages from any monies due or that may become due Contractor under this Contract. SECTION 11 CONTRACT PRICE AND METHOD OF PAYMENT City agrees to pay and the Contractor agrees to accept as full consideration for the faithful performance of this Contract, subject to any subsequent additions or Page 5 of 13 Agenda Item No. 6 Page 7 of 15 deductions as provided in approved change orders, the sum of SECTION 12 SUBSTITUTION OF SECURITIES IN LIEU OF RETENTION OF FUNDS Pursuant to California Public Contracts Code Section 22300, the Contractor will be entitled to post approved securities with the City or an approved financial institution in order to have the City release funds retained by the City to insure performance of the Contract. Contractor shall be required to execute an addendum to this Contract, together with escrow instructions and any other documents in order to effect this substitution. SECTION 13 COMPLETION Within ten (10) days after the contract completion date of the Project, Contractor shall file with the City's Engineer its affidavit stating that all workers and persons paid in full, and that there are no claims outstanding against the Project for either labor or material, except those certain items, if any, to be set forth in an affidavit covering disputed claims, or items in connection with Stop Notices which have been filed under the provisions of the statutes of the State of California. City may require affidavits or certificates of payment and /or releases from any subcontractor, laborer or material supplier. SECTION 14 CONTRACTOR'S EMPLOYEES COMPENSATION A. Davis -Bacon Act Contractor will pay and will require all subcontractors to pay all employees on said Project a salary or wage at least equal to the prevailing rate of per diem wages as determined by the Secretary of Labor in accordance with the Davis -Bacon Act for each craft or type of worker needed to perform the Contract. The provisions of the Davis - Bacon Act shall apply only if the Contract is in excess of Two Thousand ($2,000.00) Dollars or when twenty -five percent (25 %) or more of the Contract is funded by federal assistance. If the aforesaid conditions are met, a copy of the provisions of the Davis - Bacon Act to be complied with are incorporated herein as a part of this Contract and referred to by reference. B. General Prevailing Rate Page 6 of 13 Agenda Item No. 6 Page 8 of 15 City has ascertained from the State of California Director of Industrial Relations, the general prevailing rate of per diem wages and the general prevailing rate for legal holiday and overtime work in the locality in which the work is to be performed for each craft or type of work needed to execute this Contract, and copies of the same are on file in the Office of the Engineer of City. The Contractor agrees that no less than said prevailing rates shall be paid to workers employed on this public works contract as required by Labor Code Section 1774 of the State of California. C. Forfeiture for Violation Contractor shall, as penalty to the City, forfeit Fifty ($50.00) Dollars for each calendar day or portion thereof for each worker paid (either by it or any subcontractor under it), less than the prevailing rate of per diem wages as set by the Director of Industrial Relations, in accordance with Section 1770 of the Labor Code for the work provided for in this Contract, all in accordance with Section 1775 of the Labor Code of the State of California. D. Travel and Subsistence Pay Section 1773.8 of the Labor Code of the State of California, regarding the payment of travel and subsistence payments, is applicable to this Contract and Contractor shall comply therewith. E. Apprentices Section 1773.5 of the Labor Code of the State of California, regarding the employment of apprentices is applicable to this Contract if the prime contract involves Thirty Thousand ($30,000.00) Dollars or more or twenty (20) working days, or more; of if contracts of specialty contractors not bidding for work through the general or prime contractor are Two Thousand ($2,000.00) Dollars or more or five (5) working days or more. F. Workday In the performance of this Contract, not more than eight (8) hours shall constitute a day's work, and Contractor shall not require more than eight (8) hours of labor in a day from any person employed by him hereunder except as provided in Paragraph B above. Contractor shall conform to Article 3, Chapter 1, Part 7 (Sections 1810 et seq.) of the Labor Code of the State of California and shall forfeit to the City as a penalty, the sum of Twenty -Five ($25.00) Dollars for each worker employed in the execution of this Contract by Contractor or any subcontractor for each calendar day during which any worker is required or permitted to labor more than eight (8) hours in any one calendar day and forty (40) hours in any one week in violation of said Article. Contractor shall keep an accurate record showing the name and actual hours worked each calendar day and each calendar week by each worker employed by Contractor in connection with the Page 7 of 13 Agenda Item No. 6 Page 9 of 15 Project. G. Record of Wages; Inspection Contractor agrees to maintain accurate payroll records showing the name, address, social security number, work classification, straight -time and overtime hours worked each day and week, and the actual per diem wages paid to each journeyman, apprentice, worker or other employee employed by it in connection with the Project and agrees to require that each of its subcontractors does the same. All payroll records shall be certified as accurate by the applicable Contractor or subcontractor or its agent having authority over such matters. Contractor further agrees that its payroll records and those of its subcontractors shall be available to the employee or his representative, the Division of Labor Standards Enforcement, and the Division of Apprenticeship Standards, and shall comply with all of the provisions of Labor Code Section 1776, in general. SECTION 15 SURETY BONDS Contractor shall, before entering upon the performance of this Agreement, furnish bonds approved by the City's Counsel - one in the amount of one hundred percent (100 %) of the Contract price bid, to guarantee the faithful performance of the work and one year guarantee, and the other in the amount of one hundred percent (100 %) of the Contract price bid to guarantee payment of all claims for labor and materials furnished. This Contract shall not become effective until such bonds are supplied to and approved by the City. SECTION 16 INSURANCE A. Contractor is also aware of the provisions of Section 3700 of the Labor Code which requires every employer to be insured against liability for worker's compensation or undertake self- insurance in accordance with the provisions of that Code, and will comply with such provisions before commencing the performance of the work of this Contract. B. Contractor and all subcontractors will carry worker's compensation insurance for the protection of its employees during the progress of the work. The insurer shall waive its rights of subrogation against City, its officers, agents and employees and shall issue and endorsement to the policy evidencing same. C. Contractor shall carry at all times, on all operations hereunder, commercial Page 8 of 13 Agenda Item No. 6 Page 10 of 15 or comprehensive general liability insurance, automotive liability insurance; and builder's all risk insurance. All insurance coverage shall in amounts required by City and shall be evidenced by the issuance of a certificate in a form prescribed by the City and shall be underwritten by insurance companies satisfactory to City for all operations, subcontract work, contractual obligations, product or completed operations, all owned vehicles and non -owned vehicles. Said insurance coverage obtained by the Contractor, excepting worker's compensation coverage, shall name the City, its Engineer, and each of their Directors, Officers, Agents and Employees, as determined by the City, as additional insured on said policies. D. Before Contractor performs any work at or prepares or delivers materials to, the site of construction, Contractor shall furnish certificates of insurance evidencing the foregoing insurance coverages and such certificates shall provide the name and policy number of each carrier and policy and that the insurance is in force and will not be canceled without ten (10) days' written notice to City. Contractor shall maintain all of the fore -going insurance coverages in force until the work under this Contract is fully completed. The requirement for carrying the foregoing insurance shall not derogate from the provisions for indemnification of City by Contractor under Section 17 of this Contract and for the duration of the warranty period. Notwithstanding nor diminishing the obligations of Contractor with respect to the foregoing, Contractor shall maintain in full force and effect during the life of this Contract, the following insurance in amounts not less than the amounts specified and issued by a company admitted in California and having a Best's Guide Rating of A -Class VII or better. Worker's Compensation Liability In accordance with the Worker's Compensation Act of the State of California - $1,000,000 minimum limit. Public Liability - either commercial Combined single limit of $1.0 million per general liability or comprehensive occurrence with $2.0 million policy general liability aggregate limits Builder's All Risk Amount equal to 100% of the contract price bid; $25,000 deductible is allowed SECTION 17 RISK AND INDEMNIFICATION All work covered by this Contract done at the site of construction or in preparing or delivering materials to the site shall be at the risk of Contractor alone. Contractor agrees to save, indemnify and keep City, its Directors, Officers, Agents, Employees, Engineers and Consultants for this Contract, and all public agencies from whom permits will be obtained for their Directors, Officers, Agents and Employees harmless against any and all liability, claims, judgments, costs and demands, including demands arising from injuries or death of persons (Contractors' employees included) and damage to Page 9 of 13 Agenda Item No. 6 Page 11 of 15 property, arising directly or indirectly out of the obligations herein undertaken or out of the operations conducted by Contractor, save and except claims or litigation arising through the sole negligence or sole willful misconduct of City and will make good to and reimburse, City for any expenditures, including reasonable attorneys' fees City may incur by reason of such matters, and if requested by City, will defend any such suits at the sole cost and expense of Contractor. SECTION 18 TERMINATION A. This Contract may be terminated in whole or in part in writing by either party in the event of substantial failure by the other party to fulfill its obligations under this Agreement through no fault of the terminating party, provided that no termination may be effected unless the other party is given: (1) not less than ten (10) calendar days' written notice (delivered by certified mail, return receipt requested) of intent to terminate, and (2) an opportunity for consultation with the terminating party prior to termination. B. This Contract may be terminated in whole or in part in writing by the City for its convenience, provided that the Contractor is given (1) not less than ten (10) calendar days' notice (delivered by certified mail, return receipt requested) or intent to terminate, and (2) an opportunity for consultation with the terminating party prior to termination. C. If termination for default or convenience is effected by the City, an equitable adjustment in the price provided for in this Contract shall be made, but (1) no amount shall be allowed for anticipated profit on unperformed services or other work, and (2) any payment due to the Contractor at the time of termination may be adjusted to cover any additional costs to the City because of the Contractor's default. If termination for default is effected by the Contractor, the equitable adjustment shall include a reasonable profit for services or other work performed, but no adjustment will be allowed for anticipated profits. The equitable adjustment for any termination shall provide for payment to the Contractor for services rendered and expenses incurred prior to the termination, in addition to termination settlement costs reasonably incurred by the Contractor relating to commitments which had become firm prior to the termination. D. Upon receipt of a termination action under paragraphs (A) or (B) above, the Contractor shall (1) promptly discontinue all affected work (unless the notice directs otherwise), and (2) deliver or otherwise make available to the City all data, drawings, specifications, reports, estimates, summaries and such other information and materials as may have been accumulated by the Contractor in performing this Contract whether completed or in process. E. Upon termination under paragraphs (A) or (B) above, the City may take over the work and may award another party an agreement to complete the work under this Contract. Page 10 of 13 Agenda Item No. 6 Page 12 of 15 SECTION 19 WARRANTY The Contractor agrees to perform all work under this Contract in accordance with the City's designs, drawings and specifications. The Contractor guarantees for a period of at least one (1) year from the date of substantial completion of the work that the completed work is free from all defects due to faulty materials, equipment or workmanship and that he shall promptly make whatever adjustments or corrections which may be necessary to cure any defects, including repairs of any damage to other parts of the system resulting from such defects. The City shall promptly give notice to the Contractor of observed defects. In the event that the Contractor fails to make adjustments, repairs, corrections or other work made necessary by such defects, the City may do so and charge the Contractor the cost incurred. The Performance Bond shall remain in full force and effect through the guarantee period. The Contractor's obligations under this clause are in addition to the Contractor's other express or implied assurances under this Contract or state law and in no way diminish any other faulty materials, equipment or work. SECTION 20 ASSIGNMENT No assignment by the Contractor of this Contract or any part hereof, or of funds to be received hereunder, will be recognized by the City unless such assignments has had prior written approval and consent of the City and the surety. SECTION 21 ATTORNEYS'FEES If any action at law or in equity is necessary to enforce or interpret the terms of this Contract, the prevailing party shall be entitled to reasonable attorneys' fees, costs and necessary disbursements in addition to any other relief to which it may be entitled. If any action is brought against the Contractor or any subcontractor to enforce a Stop Notice or Notice to Withhold, which names the City as a party to said action, the City shall be entitled to reasonable attorneys' fees, costs and necessary disbursements arising out of the defense of such action by the City. The City shall be entitled to deduct its costs for any Stop Notice filed, whether court action is involved or not. SECTION 22 Page 11 of 13 Agenda Item No. 6 Page 13 of 15 NOTICES Any notice required or permitted under this Contract may be given by ordinary mail at the address set forth below. Any party whose address changes shall notify the other party in writing. TO CITY: City of Lake Elsinore Attn: City Manager 130 South Main Street Lake Elsinore, CA 92530 Copy to: TO CONTRACTOR: Copy to: IN WITNESS WHEREOF, the parties hereto have executed this Contract as of Page 12 of 13 Agenda Item No. 6 Page 14 of 15 the date first hereinabove written. CITY OF LAKE ELSINORE: ATTEST: City Clerk APPROVED AS TO FORM: City Attorney Page 13 of 13 CONTRACTOR: M Its: Agenda Item No. 6 Page 15 of 15