HomeMy WebLinkAboutC31940 Roof Replacements at Sheriffs Substation and Fire Stations 33 and 71 761-13Contract No. C31940
CITY OF PALM DESERT
PUBLIC WORKS DEPARTMENT
STAFF REPORT
REQUEST: AWARD CONTRACT NO. C31940 FOR THE ROOF
REPLACEMENTS AT THE SHERIFF SUBSTATION AND FIRE
STATIONS 33 AND 71 TO GARLAND/DBS, INC., IN THE
AMOUNT OF $583,534.00 (PROJECT NO. 761-13)
SUBMITTED BY: Mark Greenwood, P.E., Director of Public Works
CONTRACTOR: Garland/DBS, Inc.
3800 East 91 st Street
Cleveland, Ohio 44105
DATE: August 23, 2012
CONTENTS: U.S. Communities Government Purchasing Alliance Information
Contractor's Proposal
Agreement with Bonds
Resolution No. 2012- 61
Vicinity Map
Recommendation
By Minute Motion:
1. Award Contract No. C31940 for the roof replacements at the Sheriff
Substation and Fire Stations 33 and 71 to Garland/DBS, Inc., (Garland)
of Cleveland, Ohio, in the amount of $583,534.00 (Project No. 761-13);
and
2. Approve a ten percent contingency of $58,353.40; and
3. Authorize the Mayor to execute the subject agreement; and
4. Waive further reading and adopt Resolution No. 2012-61.
Funds are available for this project in New Construction Tax City Owned Facilities,
Account No. 231-4164-415-4001 and Capital Project Building Maintenance Public
Safety Fire Services Account No. 450-4220-454-4001.
Staff Report
Award C31940 to Garland for the Sheriff Substation and Fire Stations 33 and 71 Roof
Replacements
August 23, 2012
Page 2 of 3
Background
The roofs of the three subject buildings were constructed in the mid-1980s. There is severe
leakage occurring at each building due to years of patched repair work. Some areas of the
roofs are completely missing all roofing material. These roof systems require constant
repair and leaks are difficult to locate and repair.
The proposed new roof is a modified built-up cool roof system, which has been the
preferred, longest lasting roof system used in the United States for over fifty years. The
built-up roof system chosen for this bid is warranted by the manufacturer for 30 years, which
is greater than the standard roofing warranty provided by most manufacturers. Additionally,
this roofing system was used on the recent Civic Center reroofing project and has
performed successfully.
The City would like to enter into an agreement with Garland through the U.S. Communities
Government Purchasing Alliance (U.S. Communities). U.S. Communities is a cooperative
purchasing organization, established through a collaborative effort of public agencies across
the United States that reduces the cost of goods and services for participating agencies by
aggregating their purchasing power nationwide (refer to attached materials). The program is
similar to the California Multiple Award Schedule (CMAS), which is a state program allowing
public agencies to procure goods or services at prices that have been determined to be fair,
reasonable, and competitive. Public Contract Code Sections 10290 et seq. and 12101.5
include approval for local government agencies to use CMAS, including general law cities.
U.S. Communities serves as a government cooperative purchasing organization for public
agencies nationwide. A lead public agency publicly solicits and awards through a request
for proposals process a Master Intergovernmental Cooperative Purchasing Agreement
(MICPA), which other public agencies are then allowed to piggyback onto. Under the
provisions set forth in the City of Palm Desert Municipal Code, section 3.30.260 other
governmental agencies, the City is allowed to participate in the U.S. Communities program.
The City may participate with other governmental agencies such as the State
of California, County of Riverside, or any other cities, who have through a
bidding process, determined to award or purchase, supplies, merchandise,
or other items needed by the City which program of the other governmental
agency allows participation by this city.
The City would use the competitively solicited pricing established under the MICPA and
ultimately awarded by Cobb County Georgia (who in this case is the lead public agency) for
the purposes of entering into the agreement with Garland. This MICPA is a turnkey contract
including materials and competitively bid project -specific labor using qualified local
contractors to further reduce total project costs.
Garland products have been used on several projects in the Coachella Valley including, but
not limited to, La Quinta City Hall, Indian Wells City Hall and Fire Station, and Palm Springs
Unified School District Office.
The proposal provided under the MICPA is the maximum price an agency will be charged
under the agreement. However, Garland procured bids from three local contractors in an
Staff Report
Award C31940 to Garland for the Sheriff Substation and Fire Stations 33 and 71 Roof
Replacements
August 23, 2012
Page 3 of 3
effort to provide an even lower market adjusted price for the project. Huffman Roof
Company of Riverside provided the lowest bid. Below is a summary of the maximum price
of the reroofing under the MICPA and the local market pricing:
Building
MICPA Pricing
Local Pricing
Sheriff Substation
$338,223.60
$278,291.00
Fire Station #33
$237,507.40
$208,539.00
Fire Station #71
$144,667.90
$93,054.00
Plywood decking allowance
$3,650.00
Total
$720,398.90
$583,534.00
The Building Maintenance Manager has reviewed the agreement and has determined that
the costs are reasonable and in accordance with the previous agreement and current
market conditions. The Finance Department and the City Attorney have determined that the
U.S. Communities program meets the provisions set forth in the City's Municipal Code and
Purchasing Policy. Staff recommends approval of the agreement between the City and
Garland for the reroofing project.
Fiscal Analysis
This is a maintenance activity with no fiscal impact beyond the contract amount. In the
approved budget for fiscal year 2012/2013, $350,000 is budgeted for the Sheriff Substation
and $360,000 is budgeted for Fire Station(s) No. 33 and No. 71.
Prep red By: 1p
IYYA&��
Heather Buck, Project Coordinator
Paul S. Gibson, Director of Finance
n M. Wohlmuth, City Manager
David Flint
Building Maintenance Manager
CITY COUNCIL.�ION
APPROVED DENTED
RECEIVED OTHER
1 0 .'i[IaY(�r�:�Jt1.
Original on File with City'Oerk's Office
About U.S. Communities
U.S. Communities Government Purchasing Alliance ("U.S. Communities") is a nonprofit government purchasing
cooperative that offers competitively solicited contracts by lead public agencies to public agencies across the country.
• U.S. Communities reduces the cost of purchased goods and services for public agencies by offering access to
competitively solicited contracts between suppliers and lead public agencies.
• Over 42,000 agencies ("Participating Public Agencies") are registered for the program.
• U.S. Communities offers 20 contracts with 29 suppliers of a variety of products and services.
• Total aggregated purchases in 2009 exceeded $1.4 billion, with $214 million in estimated savings to public
agencies that year alone.
Participating Public Agencies
Cities, counties, school districts, colleges and universities, and state and nonprofit agencies are eligible to participate
in the U.S. Communities program. For a list of participating agencies, click here.
Products and Services
U.S. Communities offers a variety of products and services to Participating Public Agencies, including office and school
supplies, office and education furniture, office machines and printers, technology products and solutions,
telecommunications supplies and electrical products. For a complete list of offerings, click here.
How U.S. Communities Works
U.S. Communities aggregates the purchasing power of more than 90,279 public agencies nationwide by offering
Participating Public Agencies the ability to make purchases through existing, competitively solicited contracts
between a supplier and a lead public agency.
Each lead public agency awards its contract to a supplier after a competitive solicitation process designed to
ensure that Participating Public Agencies receive the highest quality products and services at the lowest
possible prices.
Once the lead public agency has awarded a contract with the supplier, the lead public agency through U.S.
Communities allows other Participating Public Agencies in need of similar products and services to make
purchases through the existing contract, ensuring that all Participating Public Agencies have access to the
same terms and conditions of the existing competitively solicited contract.
The supplier pays a minimum one percent administrative fee to the U.S. Communities program, and this pays
for operating expenses and offsets costs incurred by national and state sponsors.
Although U.S. Communities does not issue the solicitation for the contracts or participate in the bid selection process
with suppliers, it works with both the lead public agency and the supplier after a contract is in place to ensure that
the contract is administered properly through routine audits as well as additional oversight measures to ensure
Participating Public Agencies are receiving the quality products and services of the highest quality and at the lowest
prices.
Background
U.S. Communities was founded in 1996 as a partnership between the Association of School Business Officials, the
National Association of Counties, the National Institute of Governmental Purchasing, the National League of Cities and
the United States Conference of Mayors.
California
U.S. Communities Government Purchasing Alliance has established a national structure for local
government agencies to make use of their collective purchasing power and to improve the overall
effectiveness of their purchasing processes.
U.S. Communities provides many advantages to public agencies nationwide. Public Agencies
nationwide can take advantage of the most favorable government pricing offered by all U.S.
Communities suppliers. There are no user or registration fees for an agency to pay for
participation and use of contracts. All contracts are competitively solicited by a Lead Public
Agency which meets most government agency "piggybacking" requirements. All contracts are
non-exclusive acid nonbinding. U.S. Communities contracts are initiated and managed by an
Advisory Board of Public Procurement Professionals.
U.S. Communities is jointly sponsored by the Association of School Business Officials (ASBO),
the National Association of Counties (NACo), the National Institute of Governmental Purchasing
(NIGP), the National League of Cities (NLC), and the United States Conference of Mayors
(USCM). These National Sponsors provide national promotion and general sponsorship among
participants. In addition, the League of California Cities, California State Association of
Counties, California Association of School Business Officials, and the California School Boards
Association provides local & regional promotion of the U.S. Communities program to their
membership in and around the State of California.
Today, more than 50,000 public agencies utilize U.S. Communities contracts and suppliers to
procure millions of dollars in products & services. In 2011, U.S. Communities suppliers
recorded sales of over $1.6 Billion for the different contract offerings. Each month more than
400 new public agencies register to participate. The continued rapid growth of public agency
participation is fueled by the proven track record of providing public agencies unparalleled
value.
To date, there are over 4,500 California registered agencies that participate in the U.S.
Communities Purchasing Program. Agencies in California purchased over $300 Million in 2011
off of the 28 U.S. Communities contracts. Agencies that participated in U.S. Communities
included cities, counties, schools (public & private), institutions of higher education, state
agencies, nonprofit agencies, and special and independent districts.
CONTRACTOR'S PROPOSAL
SHERIFF SUB STATION/FIRE STATION 33 AND 71 ROOF REPLACEMENT
PROJECT
Project 761-13
CONTRACT NO.C31940
TO: CITY OF PALM DESERT, "CITY"
DATE: 08/06/2012
BIDDER: Garland/DBS, Inc. "CONTRACTOR"
The UNDERSIGNED, "CONTRACTOR°, having carefully examined the site and the
Contract Documents for the construction of, SHERIFF SUB STATION / FIRE STATION
33 AND 71 ROOF REPLACEMENT, PROJECT 761-13, CONTRACT NO. C31940
hereby proposes to construct the work in accordance with the Contract Documents,
including Addenda No(s). for the amount stated in this Proposal.
By submitting this Proposal, CONTRACTOR agrees with CITY:
1. That unless withdrawn in person by CONTRACTOR or some person authorized
in writing by CONTRACTOR — not by telephone or telegram — before the time
specified in the Notice Inviting Bids for the public opening of bids, this Proposal
constitutes an irrevocable offer for 60 calendar days after that date.
2. The CITY has the right to reject any or all Proposals and to waive any
irregularities or informalities contained in a Proposal.
3. That the contract shall be awarded only by the governing body of CITY. Said
contract shall only be deemed awarded after the CONTRACTOR'S complete
submission of all contract documents, bonds, insurance documentation, and the
CITY shall obtain all necessary signatures of the governing body, at which time
the contract shall be deemed awarded.
4. To submit to CITY such information as CITY may require to determine the
Bidder's financial standing experience and to perform the work.
C-1
It is understood the price quantities and work shown heron is the complete installed cost
for the equipment or work specified.
It Is understood that the quantities shown hereon, except for those quantities marked
"Lump Sum", are estimates and the final payment will be based upon the actual work
performed, subject to such adjustment and alterations as elsewhere provided herein.
Removal of Existing and installation
1.
of New Roofing System on Sheriff
LS 1
$278,291
$278,291
Sub Station
Removal of Existing and Installation
2.
of New Roofing System on Fire
LS
1
$208,539
$208,539
Station No. 33
Removal of Existing and Installation
3.
of New Roofing System on Fire
LS
1
$93,054
$93,054
Station No. 71
4
Replacement of 8' x 4' plywood
EA
20 sheets
$182.50
$3,650
decking
TOTAL BID PRICE
$683,534
The costs of any work shown or required in the Plans and Specifications, but not
specifically identified as a Pay Item are included in the related Pay Item(s), and no
additional compensation shall be due CONTRACTOR by virtue of CONTRACTOR'S
compliance with the Plans and Specifications.
TOTAL AMOUNT BASE BID IN FIGURES $683,534.00
TOTAL AMOUNT BASE BID IN WORDS: Five Hundred and Eighty -Three Thousand,
Five Hundred and Thirty -Four Dollars and Zero Cents
C-2
IN WITNESS WHEREOF CONTRACTOR executed this proposal as of date set forth on
Page C-1:
By:
Sgnature
Title. _ ag4fj,-.�:----AiiL'7 ~�
CONTRACTOR
t" k"o
State of California )
}
County of . t. s )
Subscribed and sworn to (or affirmed) before me on this ` day of Lu�— (month),
'Q/.. (year), by 5�. ,� proved to me on the basis of
satisfactory evidence to be the persons) who appeared before me.
Signature of Notary
(Seal of Notary)
AMY DIGBY
NOTARY PUBLIC
STATE OF OHIO
Recorded In
Cuyahoga County
My Comm. Exp. 215/16
C-S
INFORMATION REQUIRED OF BIDDER
(NOTE: NO BID WILL BE CONSIDERED UNLESS THIS DOCUMENT IS COMPLETED
IN FULL BY THE BIDDER. ALL APPLICABLE ITEMS MUST BE FILLED OUT.
ADDITONAL SHEETS MAY BE ATTACHED IF NECESSARY.)
(1) Company Name: Garland/DBS. Inc.
(2) Address:3800 E 915t Street, Cleveland OH 44105
(3) Telephone No:(800)762-8225 Fax: No: (216)883-2055
(4) Legal form of Firm (Individual, Partnership or Corporation):Corporation
(5) Corporation organized under the laws of the State of: Delaware
(6) Contractor's License No. 949380 Exp. Date 06/30/2014
Contractor hereby swears under penalty of perjury that this information provided is true
and correct.
(7) List the names and addresses of all owners of the firm or names and titles of all
officers of the corporation:
David Sokol / President
3800 E 91" Street
Cleveland, OH 44105
Richard Debacco / Vice President
3800 E 91" Street
Cleveland OH 44105
(8) Number of years' experience as a contractor in roofing work: Garland/DBS = 3
Years. DBS, a general partner of Garland/DBS = 16 Years.
(9) List at least three similar projects completed within the last five years:
Contract Amount
Class of Work
Date Completed
Name, Address &
Telephone No. of Owner
1. $423,071
Built Up Roof
03/27/2012
City of San Diego
1245 Caminito Centro
San Diego, CA 92012
Elelda Felix Yackel
619-533-4507
2. $898,116
Built Up Roof
08/29/2011
Tipton Elementary School
District
370 N Evans Rd
Tipton, CA 993272
D-4
Christine Griesbach
559-752-4213
3. $357,247
Built Up Roof
03/27/2012
City of San Marcos
1 Civic Center Drive
San Marcos, CA 92069
Greg Clavier
760-744-1050
(10) List the name of the person who inspected the site of the proposed work for your
firm: Jason Busanovitch
(11) List the names and addresses of each sub -contractor who will perform work in or
about the work improvement, and indicate what portion of the work will be done by each
sub -contractor:
Subcontractor's Name: Ray 4 Huffman Roof Co
License Number: 316458
Address: 888 Marlborough Ave, Riverside CA 92507
Telephone: ( ) (951)-786-4101
Work to be performed: Removal of old roofing system and Installation of new
Roofing System
Subcontractor's Name:
License Number:
Address:
Telephone: { )
Work to be performed:
Subcontractor's Name:
License Number:
Address:
Telephone: ( )
Work to be performed:
Subcontractor's Name:
License Number:
Address:
Telephone: ( )
Work to be performed:
Subcontractor's Name:
License Number:
Address:
Telephone: ( }
Work to be performed:
D-5
P
(12) A financial statement or other information and references sufficiently
comprehensive to permit an appraisal of your current financial condition may be
required by the OWNER.
(13) Refer to Specifications Sections 1.2A and 1.12A for additional requirements
required to be submitted with bid. Failure to provide these items may render bid non-
responsive
Contract No. C31940
AGREEMENT
THIS AGREEMENT is made and entered into this 23rd day of August, 2012, by
and between City of Palm Desert, California, hereafter called "CITY" and Garland/DBS,
Inc. hereinafter called "CONTRACTOR".
WITNESSETH
RECITALS:
CONTRACTOR has submitted to CITY its Contractor's Proposal for the construction of
CITY Project,
1. SHERIFF SUBSTATION / FIRE STATION 33 AND 71 ROOF REPLACEMENT
PROJECT 761-13, CONTRACT NO. C31940, in strict accordance with the
Contract Documents identified below, CITY has accepted said Proposal.
2. CONTRACTOR states that it has re-examined its CONTRACTOR'S Proposal
and found it to be correct, has ascertained that its Subcontractors are properly
licensed and possess the requisite skill and forces, has examined the site and
Contract in accordance with the Contract Documents for the money set forth in
its Proposal to be paid as provided in the Contract Documents.
AGREEMENT:
IT IS AGREED BY THE PARTIES AS FOLLOWS:
1. Contract Documents: The entire contract consists of the following: (a) The
Agreement; (b) The Contractor's Proposal; (c) The Performance Bond; (d) The
Payment Bond; (e) The General Conditions; (f) The Special Provisions; (g) The
Specifications as modified in other portions of the Contract Documents; (h) The
Plans; (i) Addenda Nos. -0-; Q) Any Change Orders issued; (k) Any additional
or supplemental specifications, notices, instructions and drawings issued in
accordance with the provisions of the Contract Documents. All of said
Documents presently in existence are by this reference incorporated herein as if
here set forth in full and upon the proper issuance of their documents they shall
likewise be deemed incorporated.
2. Contractor shall commence the work within ten calendar days after the date of
the Notice to Proceed and will do all things necessary to construct the work
generally described in Recital No. 1 in accordance with the Contract Documents
and will complete said work within 60 Calendar days from the Notice to Proceed
date to the satisfaction of the Engineer.
3. Contractor agrees to indemnify, defend and save CITY and its officers, agents
and employees, and the Engineer harmless from:
a. Any and all liability, claims, damages, losses or injuries to any person or
other entity, including injury to Contractor's employees, and all claims
G-1
Contract No. C31940
which arise from or are connected with the negligent performance of or
failure to perform the work or other obligations of this Agreement, or which
are caused or which are claimed to be caused by the negligent or
intentional acts or omissions of Contractor, its subcontractors, its agents
or employees, and, all expenses of investigating and defending against
same,
b. Any and all liability, claims, damages, losses or injuries to any and all
contractors, subcontractors, material -men, laborers, or any other person,
firm or corporation furnishing or supplying work, services, materials or
supplies in connection with the performance of the Agreement.
C. Attention is directed to the General Specifications - Claims, Liability, and
Indemnity Agreement/Hold Harmless sections, which specifications are
made part of this Agreement as set forth in Agreement paragraph 1,
above.
d. Liquidated damages shall be $1,000.00 dollars per calendar day of delay.
4. Should any litigation or arbitration be commenced between the parties
concerning the works of improvements as referenced herein, the prevailing party
in any such litigation, being the CITY or the Contractor, should be entitled to a
reasonable sum for attorney's fees incurred in any such litigation relating to this
Contract.
5. This Agreement shall be binding upon all parties hereto and their respective
heirs, executors, administrators, successors, and assigns.
6. Contractor shall be paid in the manner set forth in the Contract Documents the
amount of its Proposal as accepted by CITY, subject to such additions and
deductions as may be made pursuant to the Contact Documents and applicable
law.
Satisfactory Performance: The prime Contractor agrees to pay each
Subcontractor under this prime contract for satisfactory performance of its
contract no later than 10 days from the receipt of each payment the prime
Contractor receives from City of Palm Desert. Any delay or postponement of
payment from the above referenced time frame may occur only for good cause
following written approval of the City of Palm Desert.
Release of Retention: The prime Contractor agrees further to release retention
payments to each Subcontractor within 30 days after the Subcontractor's work is
satisfactorily completed. Any delay or postponement of payment from the above
referenced time frame may occur only for good cause following written approval
of the City of Palm Desert.
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Contract No. C31940
7. Execution of the Agreement by the parties constitutes their agreement to abide
by all applicable provisions of the California Labor Code; constitutes contractor's
certification that he is aware of the provisions of said Code and will comply with
them; and further constitutes Contractor's certification as follows:
"I am aware of the provisions of Section 3700 of the California Labor Code which
requires every employer to be insured against liability for worker's compensation
or to undertake self insurance in accordance with the provisions of that Code,
and I will comply with such provisions before commencing the performance of the
work of this contract."
IN WITNESS WHEREOF the parties hereto have executed or caused to be
executed by their duly authorized officials, this Agreement which shall be deemed an
original on the date first above written.
CONTRACTOR:
BY:
Signature to be notarized
TITLE:
CITY:
BY:
Signature to be notarized
TITLE: Mayor of Palm Desert, CA
APPROVED AS TO CONTENT:
MARK GREENWOOD, P.E.
DIRECTOR OF PUBLIC WORKS
ATTEST BY:
TITLE:
ATTEST BY:
TITLE: City Clerk of Palm Desert, CA
APPROVED AS TO FORM:
DAVID J. ERWIN
CITY ATTORNEY
G-3
Contract No. C31940
CONTRACTOR ACKNOWLEDGMENT
State of California )
) SS.
County of )
On , 20 , before me, , a
Notary Public, personally appeared ,
who proved to me on the basis of satisfactory evidence to be the person(s)
whose name(s) is/are subscribed to the within instrument and acknowledged to
me that he/she/they executed the same in his/her/their authorized capacity(ies),
and that by his/her/their signature(s) on the instrument the person(s), or the entity
upon behalf of which the person(s) acted, executed the instrument.
I certify under PENALTY OF PERJURY under the laws of the State of California
that the foregoing paragraph is true and correct.
WITNESS my hand and official seal.
Signature
State of California
County of
Riverside
CITY ACKNOWLEDGMENT
) SS.
(seal)
On , 20 , before me, , a
Notary Public, personally appeared ,
who proved to me on the basis of satisfactory evidence to be the person(s)
whose name(s) is/are subscribed to the within instrument and acknowledged to
me that he/she/they executed the same in his/her/their authorized capacity(ies),
and that by his/her/their signature(s) on the instrument the person(s), or the entity
upon behalf of which the person(s) acted, executed the instrument.
I certify under PENALTY OF PERJURY under the laws of the State of California
that the foregoing paragraph is true and correct.
WITNESS my hand and official seal.
Signature
(seal)
G-4
PERFORMANCE BOND
KNOW ALL MEN BY THESE PRESENTS: That whereas the City of Palm Desert has
awarded to Garland/DBS, Inc. hereinafter designated as the "Principal", a contract for:
SHERIFF SUBSTATION / FIRE STATION 33 AND 71 ROOF REPLACEMENT
PROJECT No. 761-13
CONTRACT NO. C31940
WHEREAS, said Principal is required under the terms of said contract to furnish
a good and sufficient bond for the performance of said contract:
NOW THEREFORE, WE, the
Principal, and as Surety, are held and
firmly bound unto the City of Palm Desert hereinafter called the City, in the penal sum of
Dollars ($ ), being 100% of the contract amount in lawful money of the
United States of America for the payment of which sum well and truly to be made, we
hereby bind ourselves, our heirs, executors, administrators, and successors, jointly and
severally, firmly by these presents.
THE CONDITION OF THIS OBLIGATION IS SUCH that if the above bounded
Principal, his executors, heirs, administrators, and successors, or assigns, shall in all
things stand to and abide by, and well and truly keep and perform the covenants and
agreements in the said contract and any alterations thereof made as therein provided,
on his or their part, to be kept and performed at the time and in the manner therein
specified, and in all respects according to their true intent and meaning, and shall
indemnify and save harmless the City, its officers and agents, as therein stipulated, then
this obligation shall become null and void; otherwise, it shall be and remain in full force
and virtue.
And the said Surety, for value received, hereby stipulates and agrees that no
change, extension of time, alteration or addition to terms of the contract or to the work to
be performed thereunder or the specifications accompanying the same shall in any way
affect its obligations on this bond, and it does hereby waive notice of any such change,
extension of time, alterations or additions to the terms of the contract or to the work or
the specifications.
Should it become necessary for the City to institute a lawsuit or any other legal
proceeding to enforce the terms and conditions of this bond, then all costs of said
proceeding, including attorneys' fees, shall be awarded to the prevailing party.
H-1
IN WITNESS WHEREOF, identical counterparts of this instrument, each of which
shall for all purposes be deemed an original thereof, have been duly executed by the
Principal and Surety above named, on this day of , 2012.
SURETY
INSURANCE COMPANY and/or AGENT
TELEPHONE NUMBER
State of California )
County of )
On
before me,
PRINCIPAL
personally appeared
who proved to me on the basis of
satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within
instrument and acknowledged to me that he/she/they executed the same in his/her/their
authorized capacity(ies), and that by his/her/their signature(s) on the instrument the
person(s), or the entity upon behalf of which the person(s) acted, executed the
instrument.
I certify under PENALTY OF PERJURY under the laws of the State of California that the
foregoing paragraph is true and correct.
WITNESS my hand and official seal.
Signature
(Seal)
H-2
PAYMENT BOND
KNOW ALL MEN BY THESE PRESENTS:
THAT WHEREAS, the City of Palm Desert (sometimes referred to hereinafter as
"Obligee") has awarded to Garland/DBS, Inc. (hereinafter designated as the
"CONTRACTOR"), an agreement dated August 23, 2012 described as follows:
SHERIFF SUBSTATION / FIRE STATION 33 AND 71 ROOF REPLACEMENT
PROJECT No. 761-13, CONTRACT NO. C31940, (hereinafter referred to as the
"Contract"); and
WHEREAS, said CONTRACTOR is required to furnish a bond in connection with said
Contract, and pursuant to Section 3247 of the California Civil Code;
NOW, THEREFORE, we, the undersigned
CONTRACTOR, as Principal, and a corporation
organized and existing under the laws of the State of and
duly authorized to transact business under the laws of the State of California, as Surety,
are held and firmly bound unto the City of Palm Desert and to any and all persons,
companies or corporations entitled to file stop notices under Section 3181 of the
California Civil Code, in the sum of Dollars ($ ), said sum being not
less than one hundred percent (100%) of the total amount payable by the said Obligee
under the terms of the said Contract, for which payment well and truly to be made, we
bind ourselves, our heirs, executors and administrators, successors and assigns, jointly
and severally, firmly by these presents.
THE CONDITION OF THIS OBLIGATION IS SUCH, that, if said CONTRACTOR, his or
its heirs, executors, administrators, successors or assigns, or Subcontractors, shall fail
to pay for any materials, provisions or other supplies, implements, machinery or power
used in, upon, for or about the performance of the Public Work contracted to be done,
or to pay any person for any work or labor of any kind, or for bestowing skills or other
necessary services thereon, or for amounts due under the Unemployment Insurance
Code with respect to such work or labor, or for any amounts required to be deducted,
withheld, and paid over to the Employment Development Department from the wages of
employees of said CONTRACTOR and his or its Subcontractors pursuant to Section
13020 of the Unemployment Insurance Code with respect to such work and labor as
required by the provisions of Section 3247 through 3252 of the Civil Code, or for any
amounts required to be deducted, withheld, and paid over to the Franchise Tax Board
or Internal Revenue Service from the wages of employees of the CONTRACTOR or his
or its Subcontractors, the Surety or Sureties hereon will pay for the same in an amount
not exceeding the sum specified in this bond, otherwise the above obligation shall be
void. In addition to the provisions herein above, it is agreed that this bond will inure to
the benefit of any and all persons, companies and corporations entitled to serve stop
notices under Section 3181 of the Civil Code, so as to give a right of action to them or
their assigns in any suit brought upon this bond.
M,
The Surety, for value received, hereby stipulates and agrees that no change, extension
of time, alteration or addition to the terms of the said Contract or to the work to be
performed thereunder or the Specifications accompanying the same shall in any way
affect its obligations on this bond, and it does hereby waive notice of any such change,
extension of time, alteration or addition to the terms of the Contract or to the
Specifications.
No final settlement between the Obligee and the CONTRACTOR hereunder shall
abridge the right of any beneficiary hereunder, whose claim may be unsatisfied.
CONTRACTOR and Surety agree that if the Obligee is required to engage the services
of an attorney in connection with the enforcement of the bond, each shall pay Obligee's
reasonable attorney's fees incurred, with or without suit, in addition to the above sum.
IN WITNESS WHEREOF, we have hereunto set our hands and seals this
day of , 20
PRINCIPAL/CONTRACTOR:
(Typed Name of CONTRACTOR)
By:
(Signature)
(Typed Name and Title)
SURETY:
(Typed Name of Surety)
(Signature of Attorney -in -Fact)
(Typed Name of Attorney -in -Fact)
The rate of premium on this bond is $
The total amount of premium charged: $
(the above must be filled in by corporate surety).
per thousand.
IMPORTANT: Surety companies executing bonds must possess a certificate of
authority from the California Insurance Commissioner authorizing them to write surety
insurance defined in Section 105 of the California Insurance Code, and if the work or
project is financed, in whole or in part, with federal, grant or loan funds, it must also
appear on the Treasury Department's most current list (Circular 570 as amended).
THIS IS A REQUIRED FORM.
Any claims under this bond may be addressed to:
(Name, Address and Telephone No. of Surety)
(Name, Address and Telephone No. of agent or representative for service of process in
California if different from above)
H-4
Acknowledgment
State of California )
County of )
On
personally appeared
before me,
, who proved to me on the basis of
satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within
instrument and acknowledged to me that he/she/they executed the same in his/her/their
authorized capacity(ies), and that by his/her/their signature(s) on the instrument the
person(s), or the entity upon behalf of which the person(s) acted, executed the
instrument.
I certify under PENALTY OF PERJURY under the laws of the State of California that the
foregoing paragraph is true and correct.
WITNESS my hand and official seal.
Signature
(Seal)
H-5
RESOLUTION NO. 2012. 61
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM
DESERT, CALIFORNIA, FINDING AND DETERMINING THAT THE CITY
DESIRES TO UTILIZE THE MASTER INTERGOVERNMENTAL
COOPERATIVE PURCHASING AGREEMENT (MICPA) SOLICITED BY
COBB COUNTY, GEORGIA, UNDER THE U.S. COMMUNITIES
GOVERNMENT PURCHASING ALLIANCE FOR THE SHERIFF
SUBSTATION AND FIRE STATIONS 33 AND 71 ROOF REPLACEMENT
PROJECT
RECITALS
The City Council of the City of Palm Desert (hereafter referred to as the "City Council")
does resolve as follows:
WHEREAS, the City of Palm Desert ("City") plans to undertake a public project to
reroof the Sheriff Substation, Fire Station 33, and Fire Station 71, which project is called
the Sheriff Substation/ Fire Station 33 and 71 Reroofing Project (hereinafter referred to as
"Project"); and
WHEREAS, the existing roofing systems at the Project are in need of repair;
and;
WHEREAS, the City desires to ensure that the materials and equipment used for
the Project meet certain quality and durability standards; and
WHEREAS, the City desires to utilize the MICPA with Garland/DBS, Inc. that was
publicly solicited and ultimately awarded by Cobb County, Georgia, under the U.S.
Communities Govemment Purchasing Alliance, in order to conserve resources and
reduce procurement costs; and
WHEREAS, California Public Contract Code sections 10290 et seq. and 12101.5
include approval for local government agencies to utilize multiple awards and master
agreements or contracts for goods, information technology, services or consulting
services.
NOW, THEREFORE BE IT RESOLVED, DETERMINED, AND ORDERED BY THE
CITY COUNCIL, AS FOLLOWS:
Section 1. City will utilize the MICPA with Garland/DBS, Inc. of Cleveland, Ohio,
for roofing products and services for the purpose of meeting certain quality and
durability standards and reducing resources and procurement costs.
Page 1
RESOLUTION 2012- 61
PASSED, APPROVED, AND ADOPTED THIS 23rd DAY OF August, 2012.
AYES:
NOES:
ABSENT:
ABSTAINED:
RACHELLE D. KLASSEN, City Clerk
City of Palm Desert, California
ROBERT A. SPIEGEL, Mayor
Page 2
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