July 16, 2024, Item #7
DATE:
TO:
FROM:
CONTACT:
SUBJECT:
Summary:
AGENDA RE PQ RT City of Poway
July 16, 2024
Honorable Mayor and Members of the City Council
Julie Procopio, Development Services Direct~
Alex Ubaldo, P.E., Principal Civil Engineer
(858) 668-4602 or [email protected]
CITY COUNCIL
Award of Contract to AOS Inc., dba Superior Roofing for the Poway Center for the Performing Arts Roof Replacement Project, Bid No. 24-009, and Determination the Project is Categorically Exempt from the California Environmental Quality Act On July 18, 2023, the City Council approved the contract with Sillman Wright Architects to design a complete set of plans for a multi-year phased rehabilitation project for the Poway Center for the Performing Arts (PCPA). The first year construction project (Phase 1) includes the replacement of the PCPA roof. This action will award a construction contract to AOS Inc., to remove the existing ballast roof, which has outlived it's useful life, and replace it with a new membrane roofing system.
Recommended Action:
It is recommended the City Council:
1) Award the contract for the Poway Center for the Performing Arts Roof Replacement project to AOS Inc., dba Superior Roofing, in the amount of $1,097,990.00 and authorize the City Manager to execute the contract (Attachment A); and
2) Make a determination the project is Categorically Exempt from the California Environmental Quality Act (CEQA).
Discussion:
The PCPA is a state-of-the-art professional theater, which opened in May 1990, with a seating capacity of 797. The PCPA was designed for professional and student performances ranging from major plays and concerts to appearances by individual artists. The PCPA multi-year phased project is the first comprehensive maintenance program to replace much of the mechanical, plumbing, and electrical equipment in the facility as well as replace deteriorated interior finishes and roofing system. At this point in the building's lifespan, most of the equipment has outlived its standard useful life and should be replaced, including the roof system, which has exhibited deterioration beyond repair.
On July 18, 2023, the City Council approved the design contract with Sillman Wright Architects to 1 of 12
July 16, 2024, Item #7
design
a
complete
set
of
plans
for
a
multi-year
phased
construction
project
for
the
PCPA.
The
design
plans
are
nearly
complete
and
will
be
submitted
to
the
Division
of
State
Architect
(DSA)
for
review
in
July
2024
. The
DSA
is
the
Building
Code
authority
for
buildings
located
on
school sites
. DSA
review
is
required
since
the
PCPA
is
a
City
building
located
on
the
campus
of
Poway
High
School.
However,
the
design
package
will
not
include
the
roof
replacement
since
re-roofing
with
in-kind
roof
or
with
light
weight
material
is
exempt
from
DSA
review.
The
PCPA
Roof
Replacement
project
was
therefore
prioritized
as
Phase
1 construction
while
the
remaining
plans
are
under
DSA
review
.
Bids
were
opened
on
June
20,
2024.
The
following
seven
bids
were
received:
Company
Total
Bid
Amount
AOS
Inc.,
dba
Superior
Roofing
$1,097,990.00
Chambers
Inc.,
dba
Roof
Construction
$1,245,500.00
A
Good
Roofer,
Inc.
$1,361,950.00
A.
Preman
Roofing,
Inc.
$1,448,235
.00
Danny
Letner,
Inc.,
dba
Letner
Roofing
Company
$1,608,385
.00
Best
Contracting
Services,
Inc.
$1,767,600.00
Sylvester
Roofing
Co.,
Inc.
$2,225,000.00
The
lowest
responsive
bid,
submitted
by
AOS
Inc.,
dba
Superior
Roofing
is
an
acceptable
bid
that
is
responsive
to
and
meets
the
requirements
of
the
bid
specifications.
The
Engineer's
estimate
was
$1,200,000.00
and
the
contract
duration
is
30 working
days.
Development
Services
Staff
is
coordinating
with
Community
Services
staff
to
minimize
the
impact
on
planned
summer
activities
held
at
the
PCPA.
The
roof
replacement
will
be
completed
in
sections
to
allow
the
various
summer
activities
to
take
place
in
unaffected
areas
of
the
building. Staff
will
also
investigate
allowing
extended
work
hours
for
the
contractor
to
reduce
the
number
of
working
days
to
complete
the
project.
Environmental
Review:
The
proposed project
is
Categorically
Exempt
from
CEQA
as
a Class
1 Categorical
Exemption,
pursuant
to
Section
15301
(d)
of
the
CEQA
Guidelines,
in
that
the
project
involves
the
rehabilitation
of
existing
facilities. Fiscal
Impact:
There
is
$1,306,760
.76
available
in
the
PCPA
Facility
Roofing
(MN043)
project
account
to
award
the
construction
contract.
Poway
Unified
School
District
(PUSD)
will
reimburse
the
City
35%
of
the
total
construction
costs
upon
completion
of
the
project,
per
the
City
and
PUSD's
joint
use
agreement
for
the
PCPA.
Public
Notification:
None.
REMAINDER
OF
PAGE
INTENTIONALLY
LEFT
BLANK
2 of
12 July 16, 2024, Item #7
Attachments: A.
Construction
Contract
Reviewed/Approved
By:
Assistant
City
Manager
3 of
12 Reviewed
By:
Alan
Fenstermacher
City
Attorney
City
Manager
July 16, 2024, Item #7
SECTION
8 CONSTRUCTION
CONTRACT
CITY
OF
POWAY
POWAY
CENTER
FOR
THE
PERFORMING
ARTS
ROOF
REPLACEMENT
This
Contract
made
and
entered
into
this
17th
day
of
July,
2024,
by
and
between
City
of
Poway,
a
municipal
corporation
of
the
State
of
California
, hereinafter
referred
to
as
"City"
and
AOS,
Inc.,
dba
Superior
Roofing
hereinafter
referred
to
as
"Contractor."
The
City
and
the
Contractor
, for
the
consideration
hereinafter
named,
mutually
agree
as
follows: 1.
The
complete
Contract
includes
all
of
the
Contract
Documents,
which
are
incorporated
herein
by
this
reference,
and
include:
a.
This
Contract
b.
Contract
Addenda
c.
Contract
Change
Orders
d.
Instructions
to
Bidders,
Proposal
Requirements
and
Conditions
e.
Contract
Specifications
f.
Contract
Plans
g.
General
Condition
h.
Special
Conditions
i.
Standard
Specification
for
Public
Works,
most
current
edition
2. The
Contract
Documents
are
complementary,
and
that
which
is
required
by
one
shall
be
as
binding
as
if required
by
all.
3. Contractor
shall
provide
and
furnish
all
labor,
materials,
necessary
tools,
·expendable
equipment,
and
all
utility
and
transportation
services
required
for
the
following
work
of
improvement:
The
project
scope
includes
replacement
of
the
Poway
Center
of
Performing
Arts
roof
as
shown
on
the
Plans
and
Specifications.
4. Contractor
agrees
to
perform
all
the
said
work
and
furnish
all
the
said
materials
at
their
own
cost
and
expense
that
are
necessary
to
construct
and
complete
in
strict
conformance
with
Contract
Documents
and
to
the
satisfaction
of
the
City
Engineer,
the
work
hereinafter
set
forth
in
accordance
with
the
Contract
adopted
by
the
City
Council.
5. City
agrees
to
pay
and
Contractor
agrees
to
accept
in
full
payment
for
performance
4 of
12 1
ATTACHMENT
A
July 16, 2024, Item #7
of this work of improvement as described, the stipulated sum of $1,097,990.00 the "Contract Price." City agrees to make progress payments and final payment in accordance with the method set forth in the Special Provisions.
6. Contractor agrees to commence construction of the work provided for herein within Fifteen (15) Calendar Days after the date specified in the Notice to Proceed, and to continue diligently in strict conformance with Contract Documents and without interruption, and to complete the construction thereof within 30 Working Days after the date specified in the Notice to Proceed.
7. Time is of the essence of this Contract, and it is agreed that it would be impracticable or extremely difficult to ascertain the extent of actual loss or damage which the City will sustain by reason of any delay in the performance of this Contract. It is, therefore, agreed that Contractor will pay as liquidated damages to the City the following sum of $500.00 per Calendar Day, for each and every Calendar Days delay in finishing the Work in excess of the number of Working Days prescribed above. If liquidated damages are not paid, as assessed by the City, the City may deduct the amount thereof from any money due or that may become due the Contractor under this Contract in addition to any other remedy available to City. By executing this Contract, Contractor agrees that the amount of liquidated damages is reasonable and shall not constitute a penalty.
8. In accordance with State of California Senate Bill No. 854, Contractor will maintain and will require all subcontractors to maintain valid and current Department of Industrial Relations (DIR) Public Works Contractor registration during the term of this project. Contractor shall notify the City in writing immediately, and in no case more than twenty-four (24) hours, after receiving any information that Contractor's or any of its Subcontractor's DIR registration status has been suspended, revoked, expired, or otherwise changed.
9. Contractor will pay, and will require all subcontractors to pay, all employees on said Contract a salary or wage at least equal to the prevailing salary or wage established for such work as set forth in the wage determinations and wage standards applicable to this work, a copy of which is on file in the office of the City Clerk of the City of Poway. Federal prevailing wage rates apply for federally funded projects. Travel and subsistence pay shall be paid in accordance with Labor Code §1773.1.
10. Contractor shall be subject to the penalties in accordance with Labor Code of § 1775 for each worker paid (either by Contractor or by any subcontractors under Contractor) less than the prevailing rate described above on the work provided for in this Contract.
11. Contractor and subcontractors shall comply with Labor Code § 1810 and § 1811 which stipulates that eight hours labor constitutes a legal day's work, and § 1812 which stipulates that the Contractor and subcontractors shall keep an accurate record showing the name of and actual hours worked each calendar day and each calendar week by each worker employed by them in connection with the work performed under the terms of the Contract. Failure to comply with these sections 2 5 of 12
July 16, 2024, Item #7
of the Labor Code will subject the Contractor to penalty and forfeiture provisions of the Labor Code§ 1813.
12. Contractor will comply with the provisions of Labor Code§ 1777.5 pertaining to the employment of apprentices to the extent applicable to this Contract.
13. Contractor, by executing this Contract, hereby certifies:
"I am aware of and will comply with the Labor Code§ 3700 by securing payment for and maintaining in full force and effect for the duration of the contract, complete Workers' Compensation Insurance, and shall furnish a Certificate of Insurance to the City before execution of the Contract. The City, its officers, or employees, will not be responsible for any claims in law or equity occasioned by failure of the Contractor to comply with this paragraph."
Contractor further agrees to require all subcontractors to carry Workers' Compensation Insurance as required by the Labor Code of the State of California.
14. Contractor shall, concurrent with the execution of this Contract, furnish two bonds approved by the City, one in the amount of One Hundred Percent (100%) of the Contract Price, to guarantee the faithful performance of the work ("Performance Bond"), and one in the amount of One Hundred Percent (100%) of the Contract Price to guarantee payment of all claims for labor and materials furnished ("Payment Bond"). This Contract shall not become effective until such bonds are supplied to and approved by the City.
15. a. Contractor shall procure and maintain at its own expense, until completion 6 of 12
of performance, commercial general liability insurance of not less than One Million Dollars ($1,000,000) combined single limit per occurrence, and Two Million Dollars ($2,000,000) in the aggregate, for bodily injury, personal injury, death, loss or damage resulting from the wrongful or negligent acts by the Contractor or its officers, employees, servants, volunteers and agents and independent contractors. Contractor shall provide insurance on an occurrence, not claims made basis. Contractor acknowledges and agrees that, for purposes of clarification with the intention of avoiding gaps in coverage with any umbrella or excess insurance, personal and advertising injury coverage shall be triggered by an "offense" while bodily injury and property damage coverage shall be triggered by an "occurrence" during the policy period.
b. Contractor shall further procure and maintain at its own expense, until completion of performance, commercial vehicle liability insurance covering personal injury and property damage, of not less than One Million Dollars ($1,000,000) combined single limit per occurrence, and Two Million Dollars ($2,000,000) in the aggregate, covering any vehicle utilized by Contractor or its officers, employees, servants, volunteers and agents and independent contractors in performing the services required by this Agreement.
3 July 16, 2024, Item #7
c. Contractor shall further procure and maintain at its expense, until completion of performance, workers' compensation insurance providing coverage as required by the California State Workers' Compensation Law. If any class of employees employed by the Contractor pursuant to this Agreement is not protected by the California State Workers' Compensation Law, Contractor shall provide adequate insurance for the protection of such employees to the satisfaction of the City. This provision shall not apply if Contractor has no employees performing work under this Agreement. Contractor agrees to waive its statutory immunity under any worker's compensation or similar statute, as respecting the City, and to require any and all subcontractors and any other person or entity involved with the Project to do the same.
Worker's Compensation Insurance:
o Contractor has no employees and is exempt from workers' compensation requirements.
o Contractor carries workers' compensation insurance for all employees. d. All policies required by this section shall be secured from insurers authorized to do business in the State of California with an "A" policyholder's rating or better and a financial rating of at least Class VII, in accordance with the current Best's Ratings.
e. Contractor agrees to require that all parties, including but not limited to subcontractors, architects, engineers or others with whom Contractor enters into contracts or whom Contractor hires or retains pursuant to or in any way related to the performance of this Agreement, provide the insurance coverage required herein, at minimum, and, except for worker's compensation coverage, name as additional insureds the parties to this Agreement. Contractor agrees to monitor and review all such coverage and assumes all responsibility for ensuring that such coverage is provided in conformity with the requirements of this Section. f. In the event this Agreement is terminated for any reason prior to the completion of all obligations and requirements of this Agreement, Contractor agrees to maintain all coverages required herein until the City provides written authorization to terminate the coverages following the City's review and determination that all liability posed under this Agreement as to the party providing insurance has been eliminated.
g. Contractor agrees and acknowledges that if it fails to obtain all of the insurance required in this Agreement in accordance with the requirements herein, or to obtain and ensure that the coverage required herein is maintained by any subcontractors or others involved in any way with the Project, Contractor shall be responsible for any losses, claims, suits, damages, defense obligations, or liability of any kind or nature attributable to the City, and/or its officers, employees, servants, volunteers, agents and independent contractors, that result from such failure by Contractor.
16. a. Contractor shall provide certificates of insurance with original endorsements 4 7 of 12
July 16, 2024, Item #7
to
the
City
as
evidence
of
the
insurance
coverage
required
herein
.
Certificates
of
such
insurance
shall
be
filed
with
the
City
on
or
before
commencement
of
performance
of
this
Agreement.
Current
certification
of
insurance
shall
be
kept
on
file
with
the
City
at
all
times
until
completion
of
performance
and
acceptance
by
the
City.
b.
Notwithstanding
any
inconsistent
statement
in
any
required
insurance
policies
or
any
subsequent
endorsements
attached
thereto,
the
commercial
general
liability
and
commercial
vehicle
liability
policies
shall
bear
endorsements
whereby
it
is
provided
that
the
City,
and
its
officers,
employees,
servants,
volunteers,
agents
and
independent
contractors
are
named
as
additional
insureds.
Additional
insureds
shall
be
entitled
to
the
full
benefit
of
all
insurance
policies
in
the
same
manner
and
to
the
same
extent
as
any
other
insureds
and
there
shall
be
no
limitation
to
the
benefits
conferred
upon
them
other
than
policy
limits
to
coverages. c.
Contractor
shall
require
the
carriers
of
all
required
insurance
policies
to
waive
all
rights
of
subrogation
against
the
City,
and
its
officers,
employees
,
servants,
volunteers,
agents
and
independent
contractors
.
d.
Each
policy
required
herein
must
be
endorsed
to
provide
that
the
policy
shall
not
be
cancelled
in
coverage
or
limits
(except
by
paid
claims)
unless
the
insurer
has
provided
the
City
with
30 days
prior
written
notice
of
cancellation
.
Contractor
agrees
to
provide
the
City
with
30 days
written
notice
prior
to
any
non
renewal
or
reduction
in
coverage
or
limits.
e.
All
insurance
policies
required
to
be
provided
by
Contractor
or
any
other
party
must
be
endorsed
to
provide
that
the
policies
shall
apply
on
a
primary
and
noncontributing
basis
in
relation
to
any
insurance
or
self-insurance,
primary
or
excess,
maintained
or
available
to
the
City,
and
its
officers,
employees,
servants,
volunteers,
agents
and
independent
contractors.
17. a.
Contractor
shall
defend,
indemnify
and
hold
harmless
the
City,
its
officers,
8 of
12 officials,
agents,
employees
and
volunteers
from
and
against
any
and
all
claims,
demands,
actions,
losses,
damage,
injuries,
and
liability,
direct
or
indirect
(including
any
and
all
costs
and
expenses
in
connection
therewith)
to
the
extent
actually
caused
by
the
negligence
of
Contractor,
Contractor
's
employees,
subcontractors
or
independent
contractors
except
for
any
such
claim
arising
out
of
the
negligence
or
willful
misconduct
of
the
City,
or
its
officers,
agents,
employees
or
volunteers.
b.
The
City
does
not,
and
shall
not,
waive
any
rights
that
it may
have
against
Contractor
under
this
Section
because
of
the
acceptance
by
the
City,
or
the
deposit
with
the
City,
of
any
insurance
policy
or
certificate
required
pursuant
to
this
Agreement.
The
hold
harmless
, indemnification
and
duty
to
defend
provisions
of
this
Section
shall
apply
regardless
of
whether
or
not
said
insurance
policies
are
determined
to
be
applicable
to
the
claim,
demand,
action,
damage
, liability,
loss,
cost
or
expense
described
herein.
5 July 16, 2024, Item #7
18. Any
amendments
to
any
of
the
Contract
Documents,
including
but
not
limited
to
Contract
Change
Orders,
must
be
in
writing
executed
by
the
Contractor
and
the
City.
Any
time
an
approval,
time
extension,
or
consent
of
the
City
is
required
under
the
Contract
Documents,
such
approval,
extension,
or
consent
must
be
in
writing
in
order
to
be
effective.
19. The
Contract
Documents
contain
all
of
the
agreements
and
understandings
of
the
parties
and
all
previous
understandings,
negotiations,
and
contracts
are
integrated
into
and
superseded
by
this
Contract.
20. In
the
event
that
any
one
or
more
of
the
phrases,
sentences,
clauses,
paragraphs,
or
sections
contained
in
this
Contract
shall
be
declared
invalid
or
unenforceable
by
a
valid
judgment
or
decree
of
a
court
of
competent
jurisdiction,
such
invalidity
or
unenforceability
shall
not
affect
any
of
the
remaining
phrases,
sentences,
clauses,
paragraphs,
or
sections
of
this
Contract
which
are
hereby
declared
as
severable
and
shall
be
interpreted
to
carry
out
the
intent
of
the
parties
hereunder.
21. The
persons
executing
this
Contract
on
behalf
of
the
parties
hereto
warrant
that
they
are
duly
authorized
to
execute
this
Contract
on
behalf
of
said
parties
and
that,
by
so
executing
this
Contract,
the
parties
hereto
are
formally
bound
to
the
provisions
of
this
Contract.
22. This
Contract
shall
be
binding
upon
and
shall
inure
to
the
benefit
of
the
parties
hereto
and
their
respective
heirs,
personal
representatives,
successors,
and
assigns.
23. In
performing
its
obligations
and
duties
under
this
Contract,
each
party
shall
comply
with
all
applicable
local,
state,
and
federal
laws,
regulations,
rules,
standards
and
ordinances.
24. This
Contract
may
be
executed
by
the
parties
in
counterparts,
which
counterparts
shall
be
construed
together
and
have
the
same
effect
as
if
all
of
the
parties
had
executed
the
same
instrument.
25. After
completion
of
the
work
contemplated
by
this
Contract,
Contractor
shall
file
with
the
City
Manager
an
affidavit
stating
that
all
workers
and
persons
employed,
all
firms
supplying
materials,
and
all
subcontractors
upon
the
project
have
been
paid
in
full,
and
that
there
are
no
claims
outstanding
against
the
project
for
either
labor
or
materials,
except
certain
items,
if any,
to
be
set
forth
in
an
affidavit
covering
disputed
claims
or
items
in
connection
with
a Stop
Notice
that
has
been
filed
under
the
provision
of
the
laws
of
the
State
of
California.
26. All
work
shall
be
subject
to
inspection
and
testing
by
City
and
its
authorized
representatives
during
manufacture
and
construction
and
all
other
times
and
places,
including,
without
limitation,
the
plans
of
Contractor
and
any
of
its
suppliers.
Contractor
shall
provide
all
reasonable
facilities
and
assistance
for
the
safety
and
convenience
of
inspectors.
All
inspections
and
tests
shall
be
performed
in
such
manner
as
to
not
unduly
delay
the
work.
The
Work
shall
be
subject
to
final
inspection
and
acceptance
notwithstanding
any
payments
or
other
prior
inspections.
Such
final
inspection
shall
be
made
within
a
reasonable
time
after
6 9
of
12 July 16, 2024, Item #7
completion of the work.
27. Whenever Contractor has knowledge that any actual or potential labor dispute is delaying or threatens to delay the timely performance of the Contract, Contractor shall immediately give notice thereof, including all relevant information with respect thereto, to City.
28. Contractor agrees to contact the appropriate regional notification center in accordance with Government Code Section 4216.2.
29. Contractor shall submit its detailed plan for worker protection during the excavation of trenches required by the scope of the work in accordance with Labor Code Section 6705.
30. a. Contractor shall, without disturbing the condition, notify City, in writing, as soon as Contractor, or any of Contractor's subcontractors, agents, or employees have knowledge and reporting is possible, of the discovery of any of the following conditions:
i. The presence of any material that Contractor believes is hazardous waste, as defined in Section 25117 of the Health and Safety Code;
ii. Subsurface or latent physical conditions at the site differing from those indicated in the specifications; or
iii. Unknown physical conditions at the site of any unusual nature, different materially for those ordinarily encountered and generally recognized as inherent in work of the character provided for in this Contract.
b. Pending a determination by City of appropriate action to be taken, Contractor shall provide security measures (e.g., fences) adequate to prevent the hazardous waste or physical conditions from causing bodily injury to any person. c. City shall promptly investigate the reported conditions. If City, through and in the exercise of its sole discretion, determines that the conditions do materially differ or do involve hazardous waste, and will cause a decrease or increase in Contractor's cost of, or time required for, performance of any part of the work, then City shall issue a change order.
d. In the event of a dispute between City and Contractor as to whether the conditions materially differ, or involve hazardous waste, or cause a decrease or increase in Contractor's cost of, or time required for, performance of any part of the work, Contractor shall not be excused from any scheduled completion date, and shall proceed with all work to be performed under the contract. Contractor shall retain any and all rights that pertain to the resolution of disputes and protests between the parties.
31. This Contract is to be governed by the laws of the State of California. 7 10 of 12
July 16, 2024, Item #7
32. All
work
shall
be
guaranteed
for
a
period
of
one
(1)
year
from
the
date
of
acceptance
by
the
City.
Contractor
shall
promptly
make
all
needed
repairs
arising
out
of
defective
materials,
workmanship,
and
equipment.
City
is
hereby
authorized
to
make
such
repairs
if within
ten
(10)
days
after
giving
written
notice
to
Contractor,
or
its
agent,
Contractor
should
fail
to
make
or
undertake
with
due
diligence the
aforesaid
repairs;
provided,
however,
that
in
case
of
an
emergency,
where,
in
the
opinion
of
City,
delay
would
cause
serious
.loss
or
damage,
repairs
may
be
made
without
notice
being
sent
to
Contractor,
and
Contractor
shall
pay
the
costs
thereof.
(Remainder
of
page
intentionally
left
blank)
8 11
of
12 July 16, 2024, Item #7
IN WITNESS WHEREOF, the said Contractor and the City Manager, City Clerk and City Attorney have caused the names of said parties to be affixed hereto, the day and year first above written.
Contractor's Name:
AOS Inc., dba Superior Roofing
Print Name of Construction Company
By:
Signature
Evan J. Serpanos
Print Name
Contractor information:
Address for Notices and Payments
P.O. Box 2635
San Marco, CA 92079
Telephone Number: 619-520-0517
Email: [email protected]
ATTEST:
Carrie Gallagher, CMC, City Clerk
APPROVED AS TO FORM:
RUTAN & TUCKER, LLP
Alan Fenstermacher, City Attorney
12 of 12
CITY OF POWAY
a Municipal Corporation
Chris Hazeltine, City Manager
9