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HomeMy WebLinkAboutC31460 - Desert Willow Room / Lighting and Ceiling RemodelCITY OF PALM DESERT STAFF REPORT REQUEST: AUTHORIZE AWARD OF CONTRACT NO. C31460 TO SETO CONSTRUCTION, INC. FOR WILLOWS ROOM — CONFERENCE ROOM LIGHTING/CEILING REMODEL AT DESERT WILLOW GOLF RESORT IN THE AMOUNT NOT TO EXCEED $82,046 SUBMITTED BY: Heather Buck, Project Coordinator CONTRACTOR: Seto Construction, Inc. 78460 Discovery Bay Bermuda Dunes, CA 92201 DATE: May 24, 2012 CONTENTS: Contract No. C31460 Agreement Recommendation By Minute Motion: 1. Authorize the award of Contract No. C31460 in the amount of $82,046 to Seto Construction, Inc. for the Willows Room — Conference Room Lighting/Ceiling Remodel at Desert Willow; 2. Authorize the Finance Director to set aside the amount of $8,204 as 10 percent contingency (use of contingency requires additional action); 3. Declare remaining six (6) chandeliers removed during the Kitchen/Building Expansion as surplus and authorize staff to dispose of them; and 4. Appropriate $63,490 for the design, bidding, and construction of the Willows Room — Conference Room Ceiling Remodel at Desert Willow project from Account No. 441-4195-495-8092. Backaround $40,000.00 was budgeted for lighting, electrical, and audio visual upgrades to the Willows Room at the Desert Willow Golf Resort for FYE 2012. The scope of work for this project consists of removing existing track lighting and suspended wooden trellises which served the Intrawest gym upon original construction of the Desert Willow Golf Resort and replacing with conference room lighting, electrical, and audio/visual elements. Three (3) chandeliers removed during the Kitchen/Building Expansion project Staff Report Award of Contract No Page 2 of 3 May 24, 2012 in 2010 will be reused current use of this ro Council approval. C31460 to Seto Construction, Inc. — DW Willows Room Remodel in addition to down lighting and wall washers appropriate for the im. The remaining six (6) chandeliers will be surplussed with On April 25 and May 2, 2012, the Notice Inviting Bids for the Willows Room Lighting/Ceiling Remodel project was published in The Desert Sun. On May 11, 2012, sealed bids were opened by the City Clerk. Below is a summary for the bids received. Company Name City Base Bid Base Bid & Alt. 2&3 Responsive Falcon Builders, Inc. Indian Wells, CA $51,800 $61,200 No Crown Contracting, Inc. Yucca Valley, CA $52,625 $61,500 No Seto Construction, Inc. Bermuda Dunes, CA $73,511 $82,046 Yes Orr Builders Palm Desert, CA $76,609 $82,309 No After review of the bid(s) and the specifications, Seto Construction, Inc., based in Bermuda Dunes, California, was the lowest responsive bidder. Seto Construction Inc. has demonstrated experience with this type of tenant improvement project. The City Attorney recommended that the apparent low bidders, Falcon Builders and Crown Contracting, be deemed non -responsive based on submission of incomplete bid packages and lack of related experience. The Architect has reviewed the contractor's qualifications and recommends approval of this contract including alternates 2 and 3. Alternate 2 (TV to be used for audio/video presentations) is less costly than Alternate 1 (projection screen) and is the current preferred technology for conference room audio/video presentations. Alternate 3 adds a 3-way switch in the Willows Room lobby for the lighting in the Willows Room. Currently staff must walk into the room to turn the lights on or off. This provides a more user friendly and safer work environment. The renovations will improve the marketability and usability of the room by providing lighting and audio/visual technology which will meet the needs of group meetings and events and provide a pleasant dining experience as well. Staff recommends approval of a contract with Seto Construction, Inc. in the amount of $82,046 to renovate the Willows Room at the Desert Willow Golf Resort. Staff also requests authorization to dispose of the remaining chandeliers as they may be salvageable for parts and potentially sold for reuse. G:\rda\Heather Suck0esert Willow\Willows Room\Stf Rpt1052412 DW Willows Rm Award ContractC31460.doc Staff Report Award of Contract No. C31460 to Seto Construction, Inc. — DW Willows Room Remodel Page 3of3 May 24, 2012 Fiscal Analysis $40,000 in funding is available in the current Desert Willow 2011/2012 budget, however, a $63,490 appropriation is required to cover all costs associated with the design, bidding, and construction. Submitted By: &&of'j &g� - - Heather Buck, iect ordinator artin Alvarez, Redevelopment Manager S. CITY COI NCIL TON APPROVED DEED Paul S. Gib Dir for of Finance RECEIVED OTHER Approval- MI; E4NG A�'ECNOES- AIi a o,n M. Wohlmuth, City Manager ABSTAIN: V ERIFIEI) BY- tJ 06.(-Jiml on File with City rk's Office G:1rda\Heather Buck\Desert Willow\Willows Room\Stf Rpt\052412 DW Willows Rm Award ContraclC31460.doc Contract No. C31460 AGREEMENT THIS AGREEMENT is made and entered into this 24th day of May, 2012, by and between City of Palm Desert, California, hereafter called "OWNER," and Seto Construction, Inc. hereinafter called "CONTRACTOR." WITNESSETH RECITALS: CONTRACTOR has submitted to OWNER its CONTRACTOR's Proposal for the construction of OWNER's Project, 1. Willows Room - Conference Room Ceiling Remodel Project, Contract No. C31460 in strict accordance with the Contract Documents identified below and OWNER has accepted said Proposal, inclusive of the base bid plus the following alternates: 2 and 3. 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 Notice Inviting Sealed Bids [Section 00200]; (b) The Instructions to Bidders [Section 003001; (c) Bid [Section 00400]; (d) Bid Schedule [Section 00410]; (e) The Bid Guaranty Bond [Section 00420]; (0 Designation of Subcontractors [Section 004301; (g) Schedule of Manufacturers and Suppliers, Major Equipment, and Material Items [Section 00440]; (h) Non -Collusion Affidavit [Section 00450], Certification of Bidder and Qualifications [Section 004701, (i) The Agreement [Section 005001, U) Liability and Insurance Requirements [Section 006001; (k) Special Insurance Endorsement [Section 00610]; (1) The Faithful Performance Bond [Section 00620]; (m) The Payment Bond [Section 00640]; (n) The Supplementary Conditions; (o) the General Conditions; (p) Modifications to General Conditions [Section 00810]; (q) The Plans; (r) Addenda Nos. 1; (s) Any Change Orders issued; (u) 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 (5) 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 thirty 30 consecutive calendar days from the Notice to Proceed date to the satisfaction of the Owner's Representative. Willows Room — Conference Room Ceiling Remodel at Desert Willow Contract No. C31460 3. That the CONTRACTOR agrees to indemnify, defend, and hold harmless the OWNER, and its officers, and employees, the ARCHITECT, Owner's Representative from any and all claims and losses accruing or resulting to any and all contractors, subcontractors, material men, laborers, and any other person, firm or corporation furnishing or supplying work, services, materials or supplies in connection with the performance of this Agreement. 4. Attention is directed to Section 00700-6.5, "Liquidated Damages" of the General Conditions. Liquidated damages shall be $1,500 dollars per calendar day of delay. 5. 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 OWNER or the CONTRACTOR, should be entitled to a reasonable sum for attorney's fees and costs incurred in any such litigation relating to this Contract. 6. This Agreement shall be binding upon all parties hereto and their respective heirs, executors, administrators, successors, and assigns. 7. CONTRACTOR shall be paid in the manner set forth in the Contract Documents the amount of its proposal as accepted by OWNER, subject to such additions and deductions as may be made pursuant to the Contact Documents and applicable law. 8. 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." Willows Room — Conference Room Ceiling Remodel at Desert Willow Contract No. C31460 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. CITY OF PALM DESERT "CONTRACTOR" (Signature to be notarized) By: Mayor Attest: City Clerk Approved as to Form: City Attorney 0 Attest: Title Title Willows Room — Conference Room Ceiling Remodel at Desert Willow Contract No. C31460 FAITHFUL PERFORMANCE BOND KNOW ALL PERSONS BY THESE PRESENTS, THAT, WHEREAS, the City of Palm Desert, hereinafter designated the "Owner," has, on May 24, 2012, awarded to Seto Construction. Inc. hereinafter designated as the "Principal," a Contract for the construction of the Willows Room - Conference Room Ceiling Remodel (Contract No. C31460) project, and WHEREAS, said Principal is required under the terms of said Contract to furnish a bond for the faithful performance of said Contract: NOW, THEREFORE, WE, the Principal, and as Surety, are held and firmly bound unto the Owner the penal sum of dollars ($ ), plus cost of suit and reasonable attorney fees and costs, lawful money of the United States, for the payment of which sum well and truly to be made, we 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 bounden Principal, it or its heirs, executors, administrators, successors, or assigns, shall in all things stand to and abide by, and well and truly keep and faithfully perform the covenants, conditions, and agreements in the said contract and any alterations made as therein provided, on it 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. It is acknowledged that the Contract provides for a one-year warranty period, during which time this bond remains in full force and effect. And the said Surety, for value received, hereby stipulates and agrees that no change, extension of time, alteration, or addition to the 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, alteration, or addition to the terms of the Contract or to the work or to the specifications. Said Surety hereby waives the provisions of Sections 2819 and 2845 of the Civil Code of the State of California. Willows Room — Conference Room Ceiling Remodel at Desert Willow Contract No. C31720 IN WITNESS WHEREOF, the above bounden parties have executed this instrument under their seals this day of , 2012, the name and corporate seal of each corporate party being hereto affixed and these presents duly signed by its undersigned representative, pursuant to authority of its governing body. Principal (Seal) Signature for Principal Title of Signatory Surety (Seal) Signature for Surety Title of Signatory Modification of Kitchen Air Conditioning at Desert Willow 517 Contract No. C31720 PAYMENT BOND KNOW ALL PERSONS BY THESE PRESENTS, THAT, WHEREAS, the City of Palm Desert, hereinafter designated the "Owner," has, on May 24, 2012, awarded to Quality Mechanical Professionals, Inc. hereinafter designated as the "Principal," a Contract for the construction of the Desert Willow - Modification of Kitchen Air Conditioning (Contract No. C31720) project, and WHEREAS, said Principal is required to furnish a bond in connection and with said Contract, providing that if said Principal, or any of it or its subcontractors shall fail to pay for any materials, provisions, or other supplies used in, upon, for, or about the performance of the work contracted to be done, or for any work or labor done thereon of any kind, the Surety of this bond will pay the same to the extent hereinafter set forth: NOW, THEREFORE, we, the Principal, and as Surety, are held and firmly bound unto the Owner the penal sum of dollars ($ ) lawful money of the United States, for the payment of which sum well and truly to be made, we bind ourselves, our heirs, executors, administrators, and successors jointly and severally, firmly by these presents. THE CONDITION OF THIS OBLIGATION IS SUCH, that if said Principal, it or its heirs, executors, administrators, successors, or assigns, shall fail to pay for any materials, provisions, or other supplies used in, upon, for, or about the performance of the work contracted to be done, or for any work or labor thereon of any kind or for amount due under the Unemployment Insurance Act with respect to such work or labor, or for any amounts due, or to be withheld pursuant to Sections 18806 of the Revenue and Taxation Code of the State of California with respect to such work or labor, then said surety will pay the same in or to an amount not exceeding the amount hereinabove set forth, and also will pay in case suit is brought upon this bond, cost of suit and reasonable attorney fees and costs. This bond shall insure to the benefit of any and all persons, companies, and corporations named in Section 3181 of the Civil Code of the State of California so as to give a right of action to them or their assigns in any suit brought upon this bond. And the said Surety, for value received, hereby stipulates and agrees that no change, extension of time, alteration, or addition of the 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 of this bond, and it does hereby waive notice of any change, extension of time, alteration, or addition to the terms of the contract or to the work or to the specifications. Said Surety hereby waives the provisions of Sections 2819 and 2845 of the Civil Code of the State of California. Modification of Kitchen Air Conditioning at Desert Willow 6/7 Contract No. C31460 IN WITNESS WHEREOF, the above bounded parties have executed this instrument under their seals this day of , 2012, the name and corporate seal of each corporate party being hereto affixed and these presents duly signed by its undersigned representative, pursuant to authority of its governing body. (Seal) (Seal) Principal Signature for Principal Title Surety Signature for Surety Title Willows Room — Conference Room Ceiling Remodel at Desert Willow CITY OF PALM DESERT INTEROFFICE MEMORANDUM To: City Council From: Heather Buck, Project Coordinator Date: May 22, 2012 Subject: Willows Room — Conference Room Lighting/Ceiling Remodel at Desert Willow (Contract No. C31460): Amend Recommendation for May 24, 2012, City Council Meeting Staff recommends that the minute motion be revised to read: By Minute Motion: 1. Reject the two apparent low bidders, Falcon Builders, Inc. and Crown Contracting, Inc., and declare the bids non -responsive; 2. Authorize the award of Contract No. C31460 in the amount of $82,046 to Seto Construction, Inc. for the Willows Room — Conference Room Lighting/Ceiling Remodel at Desert Willow; 3. Authorize the Finance Director to set aside the amount of $8,204 as 10 percent contingency (use of contingency requires additional action); 4. Declare remaining six (6) chandeliers removed during the Kitchen/Building Expansion as surplus and authorize staff to dispose of them; and 5. Appropriate $63,490 for the design, bidding, and construction of the Willows Room — Conference Room Ceiling Remodel at Desert Willow project from Account No. 441-4195-495-8092. In the body of the staff report, it states that the "City Attorney recommended that the apparent low bidders, Falcon Builders and Crown Contracting, be deemed non -responsive based on submission of incomplete bid packages and lack of related experience." However, this was not included in the minute motion; therefore, staff recommends that this item be added for clarification. cc: Rachelle D. Klassen, City Clerk John M. Wohlmuth, City Manager Paul Gibson, Director of Finance Martin Alvarez, Redevelopment Manager Robin McCormick, Economic Development Technician G:\rda\Heather Buck0esert Willow\Willows Room\Stf RptVAemo-Willows Rm Amend Recc 052212.doc