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HomeMy WebLinkAboutC20580D1 Commercial Diversified - Mesa View Fire Station No. 67 RenovationCITY OF PALM DESERT CITY MANAGER'S OFFICE STAFF REPORT REQUEST: Request for Award of Contract for the Mesa View Fire Station Renovation Project SUBMITTED BY: Carlos L. Ortega, City Manager DATE: March 10, 2005 CONTENTS: 1. Contract Documents 2. Existing Mesa View Fire Station No. 67 Floor Plan 3. Proposed Mesa View Fire Station No. 67 Floor Plan Recommendation By Minute Motion: 1) Authorization to Approve Contract No. C-20580-D1 to Commercial Diversified, Inc. (Twentynine Palms, CA) in the amount of $1,395,000. 2) Authorize a 10% contingency in the amount of $139,500. 3) Appropriate and transfer $563,461 from the General Fund Unobligated Fund Balance to New Construction Tax Fund 231-4624-433.40-01. 4) Authorize waiving of all city related service fees. 5) Authorize the Mayor to execute the subject agreement with Commercial Diversified, Inc. Executive Summary Approval of staff's recommendation will allow renovation work to commence on the Mesa View Fire Station No. 67. The proposed work will add an additional 941 square feet of living space to the existing 3,631 square feet facility. Numerous site improvements will also be implemented including replacing the existing asphalt, landscape/irrigation, and emergency generator. The contract specifies that this project shall be completed within 180 calendar days from the Notice to Proceed. The lowest responsible bid from Commercial Diversified, Inc, is $1,395,000. As the current unencumbered balance for this project is $971,039.04, an additional $563,461 appropriation is required to commence the project. Discussion On February 2, 1981, the Mesa View Fire Station was dedicated to the citizens of Palm Desert. Prior to the construction of this station, the City was serviced by one fire station located on El Paseo near Plaza Way. Palm Desert's second fire station would primarily serve the southern region of the City. The station was situated at Portola Avenue/Mesa View Drive because of the Ironwood Country Club development and travel times to the station's southern service area. Mesa View Fire Station Renovation Project — Award of Contract March 10, 2005 Page 2 of 2 The firefighters and paramedics at this station are responsible for a region consisting of commercial facilities, prestigious country clubs, and single/multi-family residential units, which spans form El Paseo Drive to the Big Horn Country Club. According to the Riverside County Fire Department (RCFD), the Mesa View Fire Station is currently at its maximum capacity and can narrowly accommodate the current staffing level. As such, the RCFD is requesting a major renovation to the station, including, but not limited to: 1. Site work to include - a. Replacing overused and damaged asphalt b. Removing existing landscaping and replacing with water/maintenance friendly design 2. Seismic Retrofitting to comply with essential facility requirement as outlined in the California Health and Safety Code (Title 24) 3. Addition of a Paramedics Dorm Room 4. Expanded and new kitchen facilities 5. New and enclosed emergency generator 6. New HVAC equipment On February 18, 2005 staff received two bids for this project. The bid received from Commercial Diversified, Inc., the lowest bidder, was in the amount of $1,395,000, which is approximately $403,961 (41%) higher than the available unencumbered fund balance for this project. The bid received from Doug Wall Construction was for $1,382,571. The bid results are as follows: COMPANY Commercial Diversified, Inc. (Twentynine Palms, CA) Doug Wall Construction, Inc. (Bermuda Dunes, CA) BID AMOUNT $1,375,000 $1,382,571 ADD ALTERNATE ONE TOTAL (REPLACE HVAC) $20,000 $18,400 $1,395,000 $1,400,971 Staff recommends that this project also include Add Alternate No. 1 that will replace the existing HVAC and a $10% project contingency of $1,395,000. With this recommendation, the total project cost is $1,534,500. Unencumbered Balance Lowest Bidder (Commercial Diversified, Inc.) Ten Percent Contingency Variance $971,039.04 $1,395,000 $139,500 563,461 Approval: Carlos L. Ortega City Manager Reviewed By: Paul Gibson Director of Finance G:VCityMgrlStephen Aryan Word DataAgenda ReportslMesa View Bid Approval.doc SECTION 00500 AGREEMENT CONTRACT No. C-20580-D1 THIS AGREEMENT is made and entered into this 10th day of March 20 05 , by and between City of Palm Desert, California, hereafter called "Owner", and Commercial Diversified, Tnr _ hereinafter called "Contractor". WITNESSETH RECITALS: 1. Contractor has submitted to Owner its Contractor's Proposal for the construction of Owner Project, Contract No. C-20580-D1 City of Palm Desert, Addition and Remodel Mesa View Fire Station #67 in strict accordance with the Contract Documents identified below and Owner 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 Notice Inviting Bids; (c) The Instruction to Bidders; (d) The Contractor's Proposal; (e) The Bidder's Bond; (f) The Performance Bond; (g) The Payment Bond; (h) The General Conditions; (i) The Special Provisions; (j) The Standard Specifications as modified in other portions of the Contract Documents; (k) The Plans; (I) Addenda Nos. one ; (m) Any Change Orders issued; and (n) 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 five 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 one hundred eighty (180) calendar days from the Notice to Proceed date to the satisfaction of the Stephen Aryan, Assistant to the City Manager. Agreement 00500-1 Contract No. C20580D1 PROJECT SAFETY AND RESPONSIBILITY OF CONTRACTOR TO ACT IN AN EMERGENCY: The Contractor shall take all responsible precautions for the safety of, and shall provide all reasonable protection to prevent damage, injury or loss to: 1. All employees on the Work and all other persons who may be affected thereby; 2. All the Work and all materials and equipment to be incorporated therein, whether in storage on or off the site, under the care, custody or control of the Contractor or any of his Subcontractor or Sub -subcontractors; 3. Other property at the site or adjacent thereto, including trees, shrubs, lawns, irrigation, walks, pavements, roadways, structures and utilities not designated for removal, relocation or replacement in the course of construction; and 4. Vehicular and pedestrian traffic on or near the project site. This requirement shall apply continuously and not be limited to normal working hours. The Contractor shall give all notices and comply with all applicable laws, ordinances, rules, regulations and lawful orders of any public authority bearing on the safety of persons or property or their protection from damage, injury or loss. The Contractor is responsible for maintaining full compliance with all CAL OSHA standards and regulations while performing the work under this contract. The Contractor acknowledges and agrees to be defined as the "controlling employer" at the work site. As the controlling employer, the Contractor shall be responsible for taking reasonable steps to ensure that all subcontractors, performing work under this contract, also meet all CAL OSHA standards and regulations. The Contractor shall be responsible for all fines, penalties, judgments or work stoppages that result from CAL OSHA action. The Contractor shall erect and maintain, as required by existing conditions and progress of the work, all reasonable safeguards for safety and protection, including posting danger signs and other warnings against hazards, promulgating safety regulations and notifying Agencies and users of adjacent utilities. Full compensation for the work involved in carrying out the safety precautions shall be considered as included in the various items of work and no additional payment will be made therefore. In case of an emergency, which threatens loss or injury to property or life, Contractor shall act without previous instructions as the situation may warrant. Contractor shall notify Agency's Representative immediately thereafter. Any compensation for emergency work claimed by Contractor, together with substantiating documentation, shall be submitted to Agency via Agency's Representative. Agreement 00500-3 Contract No. C20580D1 SECTION 00510 CONTRACTOR'S CERTIFICATE REGARDING WORKER'S COMPENSATION Labor Code Section 3700 in relevant part provides: Every employer except the State shall secure the payment of compensation in one or more of the following ways: 1. By being insured against liability to pay compensation in one or more insurers duly authorized to write compensation insurance in this State. 2. By securing from the Director of Industrial Relations a certificate of consent to self -insure, which may be given upon furnishing proof of satisfactory to the Director of Industrial Relations of ability to self -insure and to pay any compensation that may become due to his employees. I am aware of the provisions of Section 3700 of the Labor Code which require every employer to be insured against liability for workers' compensation or to undertake self-insurance in accordance with the provisions of that code, and I will comply with such provision before commencing the performance of the work of this contract. IProper Name of Bidder By: I I I I (In accordance with Article 5 - commencing at Section 1860), Chapter 1, part 7 Division of the Labor Code, the above certificate must be signed and filed with the awarding body prior to performing any work under this contract.) Contractor's Certificate 00510-1 Contract No. C20580D1 SECTION 00511 WORKER'S COMPENSATION/EMPLOYER'S LIABILITY ENDORSEMENT Endorsement No. A. POLICY INFORMATION 1. Insurance Company ("the Company") Policy No. 2. Effective Date of this Endorsement 3. Name Insured 4. Employer's Liability Limit (Coverage B) B. POLICY AMENDMENTS the policy to which this endorsement is attached or any other endorsement attached In consideration of the policy premium and notwithstanding any inconsistent statement in hereto, it is agreed as follows: 1. Cancellation Notice. The insurance afforded by this policy shall not be suspended, voided, cancelled, reduced in coverage or in limits except after forty- five (45) days' prior written notice by certified mail, return receipt requested, has been given to the City of Palm Desert. Such notice shall be addressed as shown in the heading of this endorsement. 2. Waiver of Subrogation. The Insurance Company agrees to waive all rights of subrogation against the City of Palm Desert, its elected or appointed officers, officials, agents, and employees for losses paid under the terms of this policy which arise from work performed by the Named Insured for the City of Palm Desert. C. SIGNATURE OF INSURER OR AUTHORIZED REPRESENTATIVE OF THE INSURER. , warrant that I have authority to bind the below listed (print or type name) insurance company and, by my signature hereon, do so bind this company. SIGNATURE OF AUTHORIZED REPRESENTATIVE (original signature required on endorsement furnished to the City of Palm Desert) ORGANIZATION: TITLE: ADDRESS: TELEPHONE: Worker's Compensation ' 00511-1 Contract No. C20580D1 D. SIGNATURE OF INSURER OR AUTHORIZED REPRESENTATIVE OF THE INSURER I, , warrant that I have authority to bind the below listed listed (print/type name) insurance company and, by my signature hereon, do so bind this company. SIGNATURE OF AUTHORIZED REPRESENTATIVE (original signature required on endorsement furnished to the City of Palm Desert) ORGANIZATION: TITLE: ADDRESS: TELEPHONE: Worker's Compensation 00511-2 SECTION 00610 PAYMENT BOND KNOW ALL MEN BY THESE PRESENTS: THAT WHEREAS, the City of Palm Desert (sometimes referred to hereinafter as "Obligee") has awarded to Commercial Diversified, Inc. (hereinafter designated as the "Contractor"), an Agreement dated March 10, 2005 described as follows: Mesa View Fire Station No, 67 (Project No. 0396.01) hereinafter referred to as the "Contract"); and rI(Contract No. C-20580-D1) 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, Commercial Diversified, Inc 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 One Million Three Hundred and Ninety Five Thnnicand Pr11ara Dollars ($1.395.000 ), 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 a mounts 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 hereinabove, 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. 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. Payment Bond 00610-1 Contract NO. C20580D1 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 By: Signature of Attorney -in -Fact Typed Name of Attorney -in -Fact The rate of premium on this bond is per thousand. The total amount of premium charged: $ (the above must be filled in by corporate surety). 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) Payment Bond 00610-2 Contract No. C20580D1 SPECIAL REQUIREMENTS: Payment bonds required under these specifications and Civic Code Sections 3247 and 3248 shall be provided by an "admitted insurance company" in the State of California and shall, in addition, to the bond form provided all information as follows: 1. The original, or a certified copy, of the unrevoked appointment, power of attorney, bylaws, or other instrument entitling or authorizing the person who executed the bond to do so, within 10 calendar days of the insurer's receipt of a request to submit the instrument. 2. A certificate from the clerk of the county in which the court or officer is located that the certificate of authority of the insurer has not been surrendered, revoked, canceled, annulled, or suspended or, in the event that it has, that renewed authority has been granted, within 10 calendar days of the insurer's receipt of the certificate. END OF SECTION Payment Bond 00610-3 Contract No. C20580D1 SECTION 00620 PERFORMANCE BOND KNOW ALL MEN BY THESE PRESENTS: That whereas the City of Palm Desert has awarded to Commercial Diversified, Inc. hereinafter designated as the "Principal", a contract for: Contract No. C-20580-D1 ADDITION AND REMODEL MESA VIEW FIRE STATION # 67 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 OWNER, in the penal sum of One Million Three Hundred and Ninety Five Thousand Dollars Dollars, ($ 1,395,000 ) 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 OWNER, 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 OWNER 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. hall IN WITNESS WHEREOF, identical counterparts beenthis dul instrument, executed by the Principal sand for all purposes be deemed an original thereof, Y Surety above named, on this day of , 20—. Performance Bond 00620-1 Contract No. C20580D1 PRINCIPAL/CONTRACTOR (Typed name of Contractor) By: Signature Typed Name and Title SURETY Typed Name of Surety By: Signature of Attorney -in -Fact Typed Name of Attorney -in -Fact INSURANCE COMPANY and/or AGENT ADDRESS: PHONE NO: SPECIAL REQUIREMENTS: Performance bonds required under these specifications and Civic Code Sections 3247 and 3248 shall be provided by an "admitted insurance company" in the State of California and shall, in addition, to the bond form provided all information as follows: 1. The original, or a certified copy, of the unrevoked appointment, power of attorney, bylaws, or other instrument entitling or authorizing the person who executed the bond to do so, within ten (10) calendar days of the insurer's receipt of a request to submit the instrument. 2. A certificate from the clerk of the county in which the court of officer is located that the certificate of authority of the insurer has not been surrendered, revoked, canceled, annulled, or suspended or, in the event that it has, that renewed authority has been granted, within ten (10) calendar days of the insurer's receipt of the certificate. END OF SECTION Performance Bond 00620-2 Contract No. C20580D1 PATIO fi PATIO f3 V' wo _k_ 1141 W. DORM APPARATUS ROOM SHOP talOWt HOSE CASCADE L) EXISTING FLOOR PLAN SCALE: I/16"= I'-O" Contract No. C20580D1 STOP. APPARATUS ROOM SHOP STORAGE ti. 1 HOSE -� YARD SCHEME *2 FLOOR PLAN SCALE: I/I6"=I'-O"