AGENDA REPORT
Meeting Date: February 20, 2024
Item Number:
To: Honorable Mayor & City Council
From: Mandana Motahari, City Architect
Karen Domerchie, Project Manager
Subject: AWARD OF A CONTRACT TO COMMERCIAL DOOR COMPANY INC. FOR THE NEW ROLL-UP DOORS AT FIRE STATION NO. 3
PARKING GARAGE PROJECT; AND
APPROVAL OF A CORRESPONDING PURCHASE ORDER IN
THE NOT-TO-EXCEED AMOUNT OF $170,097; AND
APPROVAL OF PLANS AND SPECIFICATIONS THEREFOR
WITH RESPECT TO DESIGN CRITERIA
Attachments: 1. Contract with Commercial Door Company Inc.
RECOMMENDATION
Staff recommends that City Council:
1. Approve the award of a contract to the lowest responsible bidder Commercial Door Company Inc. for the New Roll-Up Doors At Fire Station No. 3 Parking Garage Project in the amount of $147,910; and
2. Approve a construction contingency in the amount of $22,187 (15%); and
3. Approve a purchase order in the not-to-exceed amount of $170,097; and
4. Approve the plans and specifications as detailed in the bid documents, which are adopted and approved with respect to design criteria.
INTRODUCTION
The proposed contract will address replacement of 50+ year old, manually operated parking garage gates at Fire Station No. 3 parking garage with two new automatic, aluminum grill roll-up doors, furnished with key card access controls.
Meeting Date: February 20, 2024
DISCUSSION
Fire Station No. 3 is a two-story building with a total area of approximately 12,000 square feet. The building was built in 1970 and includes a parking garage on the ground floor. The parking garage is used for fire staff vehicles, houses the fuel station for fire engines and is adjacent to the fire engine apparatus area.
The parking garage is currently furnished with metal scissor-type gates, providing access from Doheny Drive on the west side and alleyway on the east side of the fire station. The gates are original to the building and have deteriorated and exceeded their useful life. The gates are not automatic, and they, therefore, need to be manually operated every time a vehicle enters or leaves the parking garage or whenever a fire engine needs to be fueled. Proposed improvements will replace these legacy outdated gates with new automatic operated roll-up doors.
On November 2, 2023, bid documents were issued for informal bidding in accordance with the Public Contract Code Section 22034 and posted on PlanetBids to contractors on the City’s list of pre-qualified general contractors.
On November 29, 2023 and January 3, 2024, two contractors attended the mandatory pre-bid job walk.
On January 18, 2024, two bids were received. There were no add alternates and no allowances included for this bid.
Basis of Selection
The bid documents specify that the low bid is determined by the sum of the base bid, plus all the alternates, plus the amount of per diem for compensable delay cost for twenty (20) days.
CONTRACTOR
Commercial
Door
Company Inc.
National
Garage Door
TOTAL LUMP SUM
BASE BID $147,910 $169,989
COMPENSATION
FOR DELAY
(PER DIEM)
PER DIEM
(PER DAY) $500 $600
PER DIEM
TOTAL
(20 DAYS)
$10,000 $12,000
TOTAL (Base + All Alt + Unit +
Per Diem Total) $157,910 $181,989
After review of the bids, staff has determined Commercial Door Company Inc. is the lowest responsible bidder and has submitted a responsive bid and, as reported by the State Contractors Licensing Board, maintains a license that is current and in good standing. Furthermore, Commercial Door Company Inc. has performed work for the City in the past and has successfully completed projects of similar scope. Therefore, staff Meeting Date: February 20, 2024
recommends City Council approve an agreement with Commercial Door Company Inc. for this work.
A contingency of $22,187 (15% of the contract amount) is recommended for changes due to unforeseen conditions in order to successfully complete the work. Expenditures from the contingency will be made utilizing the Change Order process in the Beverly Hills Municipal Code upon adequate written justification and substantiation.
Base Bid $ 147,910
15% Contingency $ 22,187
Total $ 170,097
The bid documents specify that all work under the contract shall be completed within 30 calendar days from the date of the notice to proceed, resulting in an estimated completion in the Spring of 2024.
FISCAL IMPACT
The $170,097 for the New Roll-Up Doors at Fire Station No. 3 Parking Garage Project is available as part of Fund 405, Capital Improvement Project No. 00587, Fire Station No. 3 – Maintenance and Improvement. No additional funding is requested at this time.
Shana Epstein,
Director of Public Works
Approved By
Attachment 1
1 CONTRACT
CITY OF BEVERLY HILLS
CONTRACT FOR
NEW ROLL-UP DOORS AT FIRE STATION NO. 3 PARKING GARAGE PROJECT THIS CONTRACT (“Contract”) is made and entered this 20th day of February 2024 (“Effective Date”), by and between the CITY OF BEVERLY HILLS, a California municipal corporation (“City”), and Commercial Door Company Inc. (“Contractor”). Contractor’s license number is 272762.
In consideration of the mutual covenants hereinafter set forth, the parties hereto agree as follows:
1. Contract Documents. The Contract Documents consist of this Contract, the Notice Inviting Bids, Instructions to Bidders, Bid (including documentation accompanying the Bid and any post-Bid documentation submitted before the Notice of Award), the Bonds, permits from regulatory agencies with jurisdiction, General Provisions, Special Provisions, Plans, Standard Plans, Standard Specifications, Reference Specifications, Addenda, Change Orders, and Supplemental Agreements. The Contract Documents are attached hereto and incorporated herein by reference. In the event of any conflict between the terms of this Contract and any incorporated documents, the terms of this Contract shall control.
2. Scope of Services. Contractor shall perform the Work in a good and workmanlike manner for the project identified as NEW ROLL-UP DOORS AT FIRE STATION NO. 3 PARKING GARAGE PROJECT (“Project”), as described in this Contract and in the Contract Documents.
3. Compensation. In consideration of the services rendered hereunder, City shall pay Contractor a not to exceed amount of One Hundred Forty-Seven Thousand Nine Hundred Ten Dollars and Zero Cents ($147,910.00) in accordance with the prices as submitted in Contractor’s Proposal, attached hereto and incorporated herein by this reference.
4. Incorporation by Reference. All of the following documents are attached hereto and incorporated herein by this reference: Workers’ Compensation Certificate of Insurance; Additional Insured Endorsement (Comprehensive General Liability); Additional Insured Endorsement (Automobile Liability); and Additional Insured Endorsement (Excess Liability).
5. Antitrust Claims. In entering into this Contract, Contractor offers and agrees to assign to the City all rights, title, and interest in and to all causes of action it may have under Section 4 of the Clayton Act (15 U.S.C. Sec. 15) or under the Cartwright Act (Chapter 2 (commencing with Section 16700) of Part 2 of Division 7 of the California Business and Professions Code) arising from purchases of goods, services, or materials pursuant to the Contract. This assignment shall be made and become effective at the time the City tenders final payment to Contractor without further acknowledgment by the parties.
6. Prevailing Wages. City and Contractor acknowledge that this Project is a public work to which prevailing wages apply. The provisions of Section 7.A of the General Provisions shall apply and are mandatory for this Project.
7. Workers’ Compensation. California Labor Code Sections 1860 and 3700 provide that every contractor will be required to secure the payment of compensation to its employees. In accordance with the provisions of California Labor Code Section 1861, by signing this Contract, the Contractor certifies as follows:
“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 selfinsurance 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.”
8. Titles. The titles used in this Contract are for convenience only and shall in no way define, limit or describe the scope or intent of this Contract or any part of it. 2 9. Authority. Any person executing this Contract on behalf of Contractor warrants and represents that he or she has the authority to execute this Contract on behalf of Contractor and has the authority to bind Contractor to the performance of its obligations hereunder.
10. Entire Agreement. This Contract, including any other documents incorporated herein by specific reference, represents the entire and integrated agreement between City and Contractor. This Contract supersedes all prior oral or written negotiations, representations or agreements. This Contract may not be modified or amended, nor any provision or breach waived, except in a writing signed by both parties which expressly refers to this Contract.
11. Counterparts. This Contract may be executed in counterpart originals, duplicate originals, or both, each of which is deemed to be an original for all purposes.
IN WITNESS WHEREOF, the parties hereto have executed the Contract the day and year first above written.
CITY OF BEVERLY HILLS
By:
JULIAN A. GOLD, M.D., Mayor
ATTEST:
By:
HUMA AHMED, City Clerk
Dated:
Contractor: Commercial Door Company Inc.
By:
Printed Name:
Title:
By:
Printed Name:
Title:
APPROVED AS TO FORM: APPROVED AS TO CONTENT:
By: By:
LAURENCE S. WIENER NANCY HUNT-COFFEY
City Attorney City Manager
[Signatures continue]
3 By:
SHANA E. EPSTEIN
Director of Public Works
By:
MANDANA MOTAHARI
City Architect
By:
SHARON L’HEUREUX DRESSEL
Risk Manager