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HomeMy WebLinkAboutC22570 Building & Safety Remodel Front Counter SpaceCITY OF PALM DESERT BUILDING & SAFETY DEPARTMENT STAFF REPORT REQUEST: Award Remodel Contract - Doug Wall Construction, Inc. SUBMITTED BY: Amir (Ali) Hamidzadeh, Director of Building and Safety CONTRACTOR: Doug Wall Construction, Inc. 78450 Avenue 41 Bermuda Dunes, CA 92201 DATE: April 8, 2004 CONTENTS: Contract No. c22570 Scope of Work Letter of Expenditure Approval Recommendation: By Minute Motion award Contract No. C22570 to Doug Wall Construction, Inc. to remodel of the Building and Safety Department front counter space and add cabinetry, as outlined in the Scope of Work. The contract amount is $7,710.00 and funds are available in Account No. 110-4420-422.40-45. Executive Summary: On September 24, 2003, three written bids were received in response to a written Request for Quote to remodel the Building and Safety Department front counter space and add cabinetry. Doug Wall Construction, Inc. was the lowest bidder for this project. The three bidders are as follows: Sweitzer Construction, La Quinta, CA $9,475.00 Vantage Point Construction, Inc., Palm Desert, CA Declined Doug Wall Construction, Inc., Bermuda Dunes, CA $7,710.00 The remodel of the existing space is for additional plan storage and more efficient use of the space in order to provide better service to contractors and citizens of Palm Desert. Due to a savings in Prof -Other Account No. 110-4420-422.30-90, a request was made to reallocate funds to CAP -Machinery & Equipment, Account No. 110-4420- 422.40-45, which has been approved. G:1BIdgSfty\Amir Hamidzadeh\Staff Reports\Staff Report Contract Front Counter 2004.doc Staff Report Award Contract — Doug Wall Construction, Inc. April 8, 2004 Page 2 Therefore staff recommends approval of the contract to Doug Wall Construction, Inc. for the front counter remodel in the amount of $7,710.00. Submitted By: Reviewed . nd Conc r: t- Amir (Ali) Hamidza Director of Building Safety Reviewed and Approved: Dave Erwin, City Attorney ApprgarpI: Paul Gibson, Director of Finance Approval: Ortega, City Mana Homer Cro for Develo ssistant City Manager ent Services G:\BldgSfty\Arnir Hamidzadeh\Staff Reports\Staff Report Contract Front Counter 2004.doc Contract No. c22570 AGREEMENT THIS AGREEMENT is made and entered into in the City of Palm Desert on this 8th day of APRIL 2004, by and between the CITY OF PALM DESERT, a municipal corporation, hereinafter referred to as "CITY" and DOUG WALL CONSTRUCTION INC., hereinafter referred to as "CONTRACTOR". WITNESSETH: WHEREAS, on September 24, 2003, CITY requested written bids for the interior remodel of the Building and Safety Department office located at 73510 Fred Waring Drive, Palm Desert, CA, as outlined in Scope of Work attached hereto; and WHEREAS, pursuant to said invitation, CONTRACTOR submitted a proposal which was accepted by CITY for said services. NOW THEREFORE, in consideration of their mutual promises, obligations, and covenants hereinafter contained, the parties hereto agree as follows: (1) TERM.The term of this Agreement shall be from April 8, 2004 through June 30, 2004, or such later date as may be agreed between parties. (2) CITY'S OBLIGATION. Forfumishing services, as specified in this Agreement, CITY will pay and CONTRACTOR shall receive in full compensation, therefore the total sum of Seven Thousand Seven Hundred and Ten Dollars ($7,710.00) upon completion of work. (3) CONTRACTOR'S OBLIGATIONS. For, and in consideration of the payments and agreements hereinbefore mentioned to be made and performed by CITY, CONTRACTOR agrees with CITY to furnish the material, services and everything required by this Agreement and the said Scope of Work. (4) HOLD HARMLESS AND INDEMNIFICATION. CONTRACTOR agrees to defend, indemnify, and hold harmless CITY, its officials, officers, employees, representatives, and agents, from and against all claims, lawsuits, liabilities 1 Contract No. C22570 ordamages of whatsoever nature arising out of or in connection with, or relating in any mannerto, any act or mission of CONTRACTOR, his agents, employees, ;and subcontractors and employees thereof in connection with the performance and non-performance of this Agreement. The CONTRACTOR shall thoroughly investigate any and all claims and indemnify the CITY and do whatever is necessary to protect the CITY, its officials, officers, employees, agents, and representatives as to any such claims, lawsuits, liabilities or damages. (5) INSURANCE. A. Liability Insurance. The CONTRACTOR shall procure and maintain for the duration of the contract commercial general liability insurance against claims for injuries to persons ordamages to property which may arise from or in connection with the performance of the work hereunder by the Contractor, his agents, representatives, employees or subcontractors. The cost of such insurance shall be borne by the Contractor. The Contractor shall maintain general commercial liability or not less than One Million Dollars ($1,000,000.00) per occurrence for bodily injury, personal injury and property damage, employees liability insurance and automobile insurance. Any deductibles or self -insured retention must be declared to the City and approved by the Risk Manager. The general commercial liability and automobile liability are to contain, or be endorsed to contain, the following provisions: 1. The City, its officers, officials, employees, agents and volunteers are to be covered as additionally insured as respects: liability arising out of activities performed by or on behalf of the Contractor, products and completed operations of the Contractor; premises owned, occurred or used by the Contractor; or automobile liability insurance on owned, leased, hired or borrowed by the Contractor. The coverage shall contain no special limitations on the scope of protection afforded to the City, its officers, officials, employees, agents or volunteers. 2. For any claims related to the Contractor's insurance coverage the Contractor's coverage shall be primary insurance as respect to the City, its officers, employees, agents and volunteers. Any insurance or self- insurance maintained by the City, its officers, employees, agents and volunteers shall be excess of the Contractor's insurance and shall not contribute with it. 2 Contract No.C2257° 3. Any failure to comply with the reporting or other provisions of the policies including breach of warranties shall not affect coverage provided the City, its officers, officials, employees, agents or volunteers. 4. Contractor's insurance shall apply separately to each insured against whom claim is made or suit is brought, except with respect to the limits of the insurer's liability. 5. Each insurance policy required shall be endorsed to state that coverage shall not be suspended, voided, cancelled, reduced in coverage or in limits except after thirty (30) days' prior written notice by certified mail, return receipt requested, has been given to the City. Insurance shall be placed with current A.M. Best's rating of not less than A:VII. B. Automobile Insurance. During the term of the contract, and any extension thereof the Contractor shall procure and maintain automobile liability insurance of One Million Dollars ($1 ,000,000.00) per accident for bodily injury and property damage. C. Worker's Compensation Insurance. The Contractor shall procure and maintain Worker's Compensation insurance as required by the State of Califomia and Employer's Liability Insurance. The Employer's liability policy shall be One Million Dollars ($1 ,000,000.00) per accident for bodily injury or disease. D. Verification of Coverage. The Contractor shall furnish the City with original endorsements effecting coverage required by this clause. The endorsements are to be signed by a person authorized by the insurer to bind coverage on its behalf. The endorsements are to be provided on standard ISO forms. All endorsements are to be received and approved by the Risk Manager. E. Independent Contractor. CONTRACTOR shall perform all services required herein as an independent contractor of CITY and shall remain at all times as to CITY a wholly independent contractor. The prime contractor shall possess a Class "B-1" contractor's license to perform the work. (6) AMENDMENTS. Any amendment, modification, orvariation from the terms of this Agreement shall be in writing and shall be effective only upon approval by the City Council of the CITY. 3 (7) Contract No. C22570 TERMINATION. CITY reserves the right to terminate this Agreement at any time, with or without cause, upon written thirty (30) day notice to CONTRACTOR. Upon receipt of any notice of termination from CITY, CONTRACTOR shall immediately cease all services hereunder except such as may be specifically approved in writing by CITY. CONTRACTOR shall be entitled to compensation for all services rendered prior to receipt of CITY'S notice of termination and for any services authorized in writing by CITY thereafter. If termination is due to the failure of CONTRACTOR to fulfill its obligations underthis Agreement, CITY may take over the work and prosecute the same to completion by contract orotherwise, and CONTRACTOR shall be liable to the extent that the total cost for completion of the services required hereunder, including costs incurred by CITY in retaining a replacement contractor and similar expenses, exceeds the Budget. INCORPORATED BY REFERENCE. The Notice Inviting Bids, and the Bid Scope of Services are hereby incorporated in and made a part of this Agreement. COMPLETE AGREEMENT. This written Agreement, including, all writings specifically incorporated hereby in reference, shall constitute the complete agreement between the parties hereto. No oral agreement, understanding, or representation not reduced to writing and specifically incorporated herein shall be of any force or effect, nor shall any such oral agreement, understanding, or representation be binding upon the parties hereto. (10) RECORDS AND REPORTS. Upon request by CITY, CONTRACTOR shall prepare and submit to CITY records and reports concerning CONTRACTOR'S performance of the services rendered underthis Agreement. CITY shall have access, upon reasonable notice, to the books and records of CONTRACTOR related to CONTRACTOR'S performance of this Agreement in the event any audit is required. (11) NOTICE. All written notices to the parties hereto shall be sent by United States mail, postage prepaid by registered or certified mail addressed as follows: OFFICE OF THE CITY CLERK City of Palm Desert 73-510 Fred Waring Drive Palm Desert, CA 92260 4 CONTRACTOR Doug Wall Construction, Inc. 78450 Avenue 41 Bermuda Dunes, CA 92201 Contract No. C22570 (12) LITIGATION COSTS. In the event a action is filed by either party to enforce any rights or obligations under this Agreement, the prevailing party shall be entitled to recover reasonable attorney's fees and court costs, in addition to any other relief granted by the court. (13) AUTHORITY TO EXECUTE AGREEMENT. Both CITY and CONTRACTOR do covenant to each individual executing this Agreement on behalf of each party is a person duly authorized. IN WITNESS WHEREOF, the parties hereto have caused this instrument to be executed the day and year first herein above written. CITY OF PALM DESERT CONTRACTOR A Municipal Corporation Doug Wall Construction, Inc. ROBERT SPIEGEL, MAYOR (Signature must be notarized) CITY OF PALM DESERT, CALIFORNIA ATTEST: RACHELLE KLASSEN, CITY CLERK CITY OF PALM DESERT, CALIFORNIA 5 CITY OF PALM DESERT BUILDING & SAFETY DEPARTMENT SCOPE OF WORK The following items are to be bid for the interior remodel of the Building & Safety Department office. Cabinetry: 1. Create plan bins. (See plans for specifications and dimensions) 2. Build drawers. (See plans for specifications and dimensions) 3. All cabinetry to be finished to match existing counter/cabinets. 4. Add plex-glass top to existing counter top. 5. Contractors to verify all measurements. Work Hours: Work needs to be performed evenings between 5:10 p.m. and 10:30 p.m. Miscellaneous: A. Contractors will be responsible for covering all furniture and equipment during the construction phase. B. Building & Safety will be responsible for moving all fumiture, cabinets, and equipment during the construction phase. C. Building & Safety staff will be responsible for removing all pictures, maps, etc. from wall areas with two (2) working days notice. D. Building & Safety Staff will be responsible for clearing all plans from counters that need to be worked on. 6 CITY OF PALM DESERT BUILDING & SAFETY DEPARTMENT INTEROFFICE MEMORANDUM To: Paul Gibson, Director of Finance / Treasurer From: Amir Hamidzadeh, Director of Building and Safety Date: March 15, 2004 Subject: EXPENDITURE Due to a savings in Account No, 110-4420-422.30-90 — Prof -Other, we are requesting that $7800.00 be reallocated to Account No. 110-4420-422.40-45, CAP -Machinery & Equipment. This expenditure is for additional plan storage and more efficient use of the space in order to provide better service to contractors ar s citizens of Palm Desert. If you need additional information, please let me know. AH:mec cc: Homer Croy, Assistant City Manager Development Services Reviewed and Approved by: Carlos Ortega, City Manager G \.B!dgSNyWrnr HarnazaceMBucget\FrortCourterRemodel2004.dot