HomeMy WebLinkAboutItem 10- Justice Center RoofAGENDA ITEM SUMMARY Meeting Date: 5/15/2023
Meeting Type: Regular Meeting
Staff Contact/Dept.: Jim Polston/CMO
Staff Phone No: 541-726-3781
Estimated Time: 05 Minutes
SPRINGFIELD
Council Goals: Maintain and Improve
CITY COUNCIL Infrastructure and
Facilities
ITEM TITLE:
CONTRACT AWARD FOR THE JUSTICE CENTER ROOF REPLACEMENT
ACTION
Authorize the City Manager to sign contract C3353 with Evergreen Roofing of
REQUESTED:
Oregon for $824,818.00.
ISSUE
Five proposals were received for the roof replacement of the Springfield Justice
STATEMENT:
Center. Evergreen Roofing of Oregon was the lowest responsible bid of the five
received. Contract award is now necessary to enable work to proceed.
ATTACHMENTS:
1. Bid Summary
2. Contract
DISCUSSION/
The roof of the Justice is failing prematurely and has an estimated remaining life of
FINANCIAL
less than five years. In January 2022 based on Staff's recommendation City Council
IMPACT:
prioritized the roof replacement as one of the projects that should be completed
using the American Rescue Plan Act (ARPA) funds received from the Federal
government.
There are sufficient funds budgeted in Fund 204 07300 8800 650184 and Staff
recommends Council authorize the City Manager to sign contract C3353 with
Evergreen Roofing of Oregon for $824,818.00.
City's Notice of Intent to Award as required by ORS 279C.375
It is the policy of the City of Springfield to award Contracts to the Responsible Bidder submitting the lowest Responsive Bid. The
City of Springfield reserves its right to reject any or all bids not in compliance with all prescribed public bidding procedures and
requirements, waive minor irregularities not affecting substantial rights, and may reject for good cause any or all bids upon a finding
of the City of Springfield that it is in the best public interest to do so, and accept such bids that in the opinion of the Springfield City
Council are in the best interest of the City of Springfield. Please be informed that the City intends to award a contract for the Base
Bid to the Bidder so designated.
SPRINGFIELD
OREGON
SUMMARY OF UNIT PRICE BIDS RECEIVED:
PROJECT: Springfield Justice Center Roof Replacement Project
PROJECT NO. #P51060
Lowest Responsive Bidder: Evergreen Roofing of Oregon.
The City intends to Award the Base Bid
Roof Toppers Richards Remodeling & Construction
Snyder Evergreen Roofing of Oregon
Umpqua Roofing Company Inc.
ITEM
NO. Description Unit Lump Sum Unit Lump Sum
Unit Lump Sum Unit Lump Sum
Unit Lump Sum
1 BASE BID 1 $ 1,558,520.00 1 $ 1,563,876.00
1 $ 1,339,580.00 1 $ 824,818.00
1 $ 1,690,000.00
2 Alternate No. 1 1 $ 1,454,393.00 1 $ 1,527,556.00
1 $ 1,292,000.00 1 $ 749,218.00
1 $ 1,499,999.00
Bid deemed complete Bid deemed complete
Bid deemed complete Bid deemed complete
Bid deemed complete
Attachment 1 Page 1 of 1
CITY OF SPRINGFIELD
PUBLIC IMPROVEMENT CONTRACT
FOR USE WITH OREGON STANDARD SPECIFICATIONS FOR CONSTRUCTION
CONTRACT # C3353
Dated: May 15, 2023
Parties: City of Springfield 'CITY"
A Municipal Corporation of the State of Oregon
225 5th Street
Springfield, OR 97477
and
Evergreen Roofing of Oregon "Contractor"
Additional Contractor Information:
a) Type of Entity: ❑ Sole Proprietorship ❑ - Partnership
❑ Limited Liability Comp ® Corporation
b) Address: 3237 W IST AVE EUGENE OR 97402
c) Telephone:
d) Fax No:
541-344-1415
541-461-0806
e) If Applicable, Listed among the Parties Excluded from Federal Procurement or Non -
Procurement Programs found at: https://www.sam.gov/portal/public/SAM/: ❑Yes ❑ No
City Account Number(s) To Be Charged (Include Percentages):
RECITALS
Contractor was the successful bidder for the contract for the construction of the public
improvement project described in the plans and specifications for the project that were included
in the bid documents (except as noted below) and the 2021 Oregon Standard Specifications for
Construction, issued by the Oregon Department of Transportation, as modified by the City's
Amendments to the Specifications for the Project (all specifications, plans, Standard Drawings,
Supplemental Specifications and Special Provisions included in the Contract are collectively
referred to herein as the "Specifications') which form a part of the Contract.
00028840:1
Attachment 2, Page 1 of 6
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AGREEMENT
1. The Contract. The Contract between the City and Contractor (the "Contract's includes
this Document and its exhibits, together with all of the documents and materials included
in the definition of the "Contract Documents" in 00110.20 of the Specifications. In
addition, the Contract between the City and Contractor shall be deemed to incorporate all
reports, records, laws, rules and orders referenced in the Contract documents.
This Document includes and incorporates the following Exhibits:
Exhibit A — Invitation to Bid — excepting any reference to the 1994 City of
Springfield Standard Specifications and 2015 Oregon Standard Specifications.
These references are to be corrected and replaced by reference to the 2021
Oregon Standard Specifications for Construction, issued by the Oregon
Department of Transportation, as modified by the City's Amendments to the
Specifications The Special Provisions to Section A General Requirements are
explicitly not included by reference as a part of this contract.
2. Definitions. Unless otherwise specifically defined in this Document, all capitalized terms
which are not proper nouns shall have the meanings assigned thereto in the
Specifications.
3. Project. The project is generally described as:
Roof overlay of the entire Springfield Justice Center (Ancillary Building, Police
Station/Municipal Courts Building, and the Municipal Jail Building). Roof overlay consists
of covering the existing TPO single -ply roof membrane with a new PVC single -ply roof
membrane assembly. Demotion of existing sheet metal components where indicated and
replacement with new. Installation of two new fall protection tie -off anchors.
4. Work to be Performed. Contractor agrees to furnish all services, labor, materials and
equipment for and to construct the improvement listed above (the "Project', according
to the Bid Documents ("the Work's and according to the provisions of the Contract. All
parts of the Work are the sole responsibility of Contractor.
S. Time of Commencement and Completion. Time is of the Essence of the Contract.
The time in which Contractor shall commence, prosecute and complete the Work is
described in Section 00180 of the Specifications.
6. Contract Amount. The Contract Amount is $824,818.00 and consists of unit prices bid
by Contractor multiplied by estimated quantities, together with lump sum amounts for
portions of the Work, as described on Contractor's Bid attached hereto. The actual sum
payable to Contractor for the Work shall be based on lump sum amounts and actual
quantities, as modified by Change Orders and adjustments made in accordance with the
Specifications. Payment will be made as provided in the Specifications.
7. Indemnification and Hold Harmless. To the fullest extent permitted by law,
Contractor shall indemnify, defend (with counsel approved by City) and hold harmless the
parties as described in 00170.72 of the Specifications.
',00028840_1;
Attachment 2, Page 2 of 6
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8. Insurance. Contractor shall maintain in force for the duration of the Contract the
insurance coverages specified in 00170.70 of the Specifications. Each policy required by
these provisions shall be written as a primary policy, not contributing with or in excess of
any coverage which City may carry. Unless otherwise specified, each policy shall be
written on an "occurrence" form with an admitted insurance carrier licensed to do
business in the state of Oregon. In the event the statutory limit of liability of a public
body for claims arising out. of a single accident or occurrence is increased above the
combined single limit coverage requirements specified below, City shall have the right to
require Contractor to increase Contractor's coverages by the amount of the statutory limit
increase for such claims and to increase the aggregate coverage by an amount that is
twice as large as the statutory increase. The adequacy of all insurance required under the
Contract shall be subject to approval by City's Risk Manager. Failure to maintain any
insurance coverage required by the Contract shall be cause for immediate termination of
the Contract by City.
8.1.Evidence of Insurance Coverage. Evidence of the required insurance coverages
issued by an insurance company satisfactory to the City shall be provided to the City
by way of a City approved certificate of insurance before any work or services
commence.
8.2. Notice of Cancellation or Material Change in Coverage. The certificate of
insurance shall contain a requirement that the Insurance company notify the City 30
days prior to any cancellation or material change in coverage. If the approved
insurance company will not provide this 30 day notice, the Contractor shall
provide written notice to the City contract manager within two days after the
Contractor becomes aware that their coverage has been canceled or has been
materially changed. The Contractor shall either fax 541-726-3782 said notice or
email it directly to City Finance Department at purchasing@springfield-or.gov.
Regardless of what circumstances cause Contractor's insurance coverage to cease or
be modified, it is the Contractor's responsibility to notify the City. Failure to
maintain proper insurance or provide notice of cancellation or modification shall be
grounds for immediate termination of this contract.
9. Performance and Payment Bonds. Prior to the commencement of the Work,
Contractor shall provide good and sufficient performance and payment bonds as
described in 00130.40 of the Specifications for approval by City and in the form of the
bonds included in the Solicitation Documents.
10.Termination and Suspension. City may terminate the Contract or suspend the Work
at any time as provided in 00180 of the Specifications.
11. Nonresident Contractors.
11.1. When a public contract is awarded to a nonresident bidder and the contract price
exceeds $10,000, the bidder shall promptly report to the Department of Revenue on
forms to be provided by the department the total contract price, terms of payment,
length of contract and such other information as the department may require before
the bidder may receive final payment on the public contract. The contracting agency
shall satisfy itself that the requirement of this subsection has been complied with
before the contracting agency issues a final payment on a public contract.
_f00028840:1 � _
Attachment 2, Page 3 of 6
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11.2. As used in this paragraph, "nonresident contractor" means a contractor that: (A)
has not paid unemployment taxes or income taxes in the state of Oregon during the
12 calendar months immediately preceding submission of the bid for the contract,
(B) does not have a business address in this state and (C) stated in the bid for the
contract that it was not a "resident bidder" under ORS 279A.120.
12.Default; Remedies. Upon Contractor's default or if in the public interest, City may
terminate the Contract and take all other remedial actions available to City, as further
specified in the 00180.90 of the Specifications. Without limiting the City's right to
disqualify Contractor pursuant to ORS279C.440, if Contractor willfully violates any of the
provisions of sections EC 4.615 to 4.650 of The Eugene Code, 1971 or any of the
provisions of State law or City's administrative rules governing public contracts, or if
Contractor knowingly files false affidavits or certificates of compliance required under the
Contract, Contractor shall waive for a period of one year any right to bid upon any public
improvement project let by City. City's claims for damages and any other equitable relief
available to City resulting from Contractor's breach shall survive a termination of the
Contract.
13. Liquidated Damages. In the event the Work is not completed within the contract time
as specified in the Contract, Contractor shall pay to City liquidated damages in the
amount of $500 per day, as further specified in 00180.85 of the Specifications.
14. Notices. Any written notices permitted or required by the Contract shall be delivered
according to 00150.30 of the Specifications to the attention of the representatives of the
parties set for below, or such other address and/or numbers as either party may provide
to the other by notice given in accordance with this provision.
Contractor: Juan Navarrete, ivan`devergreenroofint.com, 541-344-1415
City: Jim Polston, ipolston(aspringfield-or.gov, 541-726-3781
15.Contract Documents; Interpretation. Where possible, all parts of the Contract shall
be interpreted in a manner that avoids conflict between the various documents and their
provisions. In the event that any provision of this Document conflicts with any provision
of the Specifications, the discrepancy will be resolved in the order of precedence in
00150.10 of the Specifications.
16.Dispute Resolution. All disagreements, protests, and claims relating to the Contract,
including claims for additional compensation and time for performance and completion of
the Work, must be resolved according to section 00199 of the Specifications.
17.Venue & Choice of Law. The Contract shall be governed by and interpreted in
accordance with the laws of the State of Oregon without regard to principles of conflict of
laws. If federal funding is included in the Contract, applicable Federal requirements
govern in the event of conflicts among Federal, State and local laws. Any dispute
between the Agency and the Contractor that arises from or relates to this Contract and is
not resolved under the provisions of 00199 of the Specifications, shall be brought in the
forum described in 00170.00.
(00028840:1)
Attachment 2, Page 4 of 6
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18.Force Majeure. If Contractor is delayed by reason of weather, fire, riot, strikes, acts of
God or other circumstances beyond Contractor's reasonable control, City may terminate
this Agreement in writing to Contractor after determining such delay or default will
unreasonably prevent successful performance of the Contract. If City elects not to
terminate the Contract, Contractor will be entitled to additional time to complete the
Contract equal to that lost by an or all of the above causes.
19.Severability. If any provision of this Agreement is declared by a court to be illegal or in
conflict with any law, the validity of the remaining terms and provisions will not be
affected; the rights and obligations of the parties will be construed and enforced as if the
Agreement did not contain the particular provision held to be invalid.
20.Waiver. Failure of City to enforce any provision of this Agreement shall not constitute a
waiver or relinquishment by City of the right to such performance in the future nor of the
right to enforce any other provision of this Agreement.
21.Amendments. The terms of this Agreement shall not be waived, altered, modified,
supplemented or amended in any manner whatsoever, without prior written approval of
City. No modification of this Agreement shall bind either party unless reduced to writing
and subscribed by both parties, or ordered by a Court.
22.Assignment/Subcontract. Contractor shall not assign, sell, transfer, subcontract or
sublet rights, or delegate responsibilities under this Agreement, in whole or in part,
without the prior written approval of City. No such written approval shall relieve
Contractor of any obligations of this Agreement, and any transferee or subcontractor
shall be considered the agent of Contractor. Contractor shall remain liable as between
the original parties to this Agreement as if no such assignment had occurred.
23.Compliance with All Government Regulations. Contractor shall comply with all
Federal, State and local laws, codes, regulations and ordinances applicable to the work
performed under this Agreement. Failure to comply with such requirements shall
constitute a breach of contract and shall be grounds for termination of this Agreement.
Damages or costs resulting from noncompliance shall be the sole responsibility of
Contractor. This section includes, but is not limited to, compliance with all applicable
requirements of Federal and State civil rights statutes, rules, and regulations, and all
applicable provisions of the Americans with Disabilities Act of 1990, 42 USC Section
12101 et seq. and Section 504 of the Rehabilitation Act of 1973.
24.Construction of Agreement. This Contract shall not be construed more favorably to
City due to the preparation of this Contract by City. The headings and subheadings in
this Contract are for convenience, do not form a part of this Contract, and shall not be
used in construing this Contract.
25.Entire Agreement. This Agreement signed by both parties is the parties' final and
entire Agreement and supersedes all prior and contemporaneous oral or written
communications between the parties, their agents and representatives. There are no
representations, promises, terms, conditions or obligations other than those contained
herein.
000{ 28840:1;
Attachment 2, Page 5 of 6
VZML1►NOM
26.Third Party Beneficiaries. The parties to the Contract do not intend to confer on any
third party any rights under the Contract, except as otherwise described in 00170.79 of
the Specifications. All Subcontractors are third parties.
27.Survival. Any obligation arising under the Contract which is not, or cannot be performed
or paid prior to the expiration or termination of the Contract, including, but not limited to,
all provisions concerning the quality of the Work, warranties and obligations for payment,
indemnification, and reimbursement, shall survive termination or expiration of the
Contract.
CITY OF SPRINGFIELD: CONTRACTOR:
By:
By: frP
Name:
Name.
Title:
Title: q)erc.. � a,,\ rUa, Iu w rte'
Date:
Date: 5-meq-r�
REVIEWED & APPROVED
AS TO FORM
KriWma, Krac
DATE:
SPRINGFIELD CITY ATTORNEY'S OFFICE
Attachment 2, Page 6 of 6
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