HomeMy WebLinkAboutC33890C - COLMAC Soil Stabillization 767-15Contract No. C33890C
CITY OF PALM DESERT
PUBLIC WORKS DEPARTMENT
STAFF REPORT
REQUEST: AWARD CONTRACT NO. C33890C FOR THE COLMAC — SOIL
STABILIZATION PROJECT TO ENVIRONMENTAL PRODUCTS
AND APPLICATIONS, INC. OF LA QUINTA, CALIFORNIA, IN THE
AMOUNT OF $58,792.50 (PROJECT NO. 767-15)
SUBMITTED BY: Mark Greenwood, P.E., Director of Public Works
DATE: February 12, 2015
CONTENTS: Agreement
Contractor's Proposal
Location Map
Recommendation
By Minute Motion:
1. Waive bid irregularity;
2. Award Contract No. C33890C for the COLMAC - Soil Stabilization
Project to Environmental Products and Applications, Inc., (EP&A) of
La Quinta, California, in the amount of $58,792.50 (Project No.
767-15);
3. Authorize the Director of Finance to set aside a 10 percent contingency
in the amount of $5,879.25; and
4. Authorize the Mayor to execute agreement.
Funds are available in Account No. 238-4515-442-4001, Air Quality Management.
Background
The City applied for and received two grants administered by the County of Riverside
from the Coachella Valley Air Quality Enhancement Trust. The trust was established as
a result of a settlement of litigation with Colmac Energy, Inc. The trust funds are
designated for projects within the Coachella Valley that are designed to improve air
quality.
The grants that the City received will help to fund a project to apply soil stabilizer to
areas prone to blowing sand. The project will address two locations that have
Staff Report
Award Contract C33890C to EP&A (Project No. 767-15)
Page 2 of 2
February .12, 2015
generated multiple complaints from residents, business owners, and the South Coast
Air Quality Management District.
The City advertised for bids to stabilize the soil on the undeveloped land at the
University Site (bounded by Frank Sinatra, Gerald Ford, and Cook Street), and the north
frontage of Dinah Shore Drive from Miriam Way to Key Largo. The project was
advertised and on January 28, 2015, bids were opened and read aloud. The following
is a summary of bids received:
Contractor Location Bid Amount
EP&A La Quinta, CA $ 58,792.00
TriStar Contracting II Desert Hot Springs, CA $119,770.05
Environmental Products and Applications, Inc. submitted the lowest responsive bid.
Upon reviewing the proposal submitted by the apparent low bidder, an irregularity was
found. The contractor rounded down fifty cents on one of the line items of work. There
is a provision in the specification that explains how to deal with this situation. The
correct information is clearly discernable from the line item bid sheet. The City Attorney
has indicated that the error is immaterial and the irregularity may be waived.
Fiscal Analysis
The funding of the project will come from accounts set aside for air quality management,
and no General Funds will be used on the project. COLMAC funds will pay for 80
percent of the project costs, up to a maximum contribution of $50,000 at each location.
The soil stabilization is one component of the COLMAC project and Public Works
estimates that COLMAC funds will total $87,000 for both locations combined upon
project completion. I r
By.� De
RY Y yrGa I Proj1ect Administrator Mark Gr e wood, P.E\
Director df Public Works
Paul S. Gibson, Director of Finance
n M. Wohlmuth, City Manager
Contract NO. C33890C
AGREEMENT
THIS AGREEMENT is made and entered into this 12th day of February, 2015, by
and between City of Palm Desert, California, hereafter called "CITY" and Environmental
Products and Applications, Inc. hereinafter called "CONTRACTOR".
WITNESSETH
RECITALS:
CONTRACTOR has submitted to CITY its Contractor's Bid for the construction of CITY
Project,
1. COLMAC - SOIL STABILIZATION PROJECT, PROJECT NO. 767-15,
CONTRACT NO. C33890C, in strict accordance with the Contract Documents
identified below, CITY has accepted said Bid.
2. CONTRACTOR states that it has re-examined its CONTRACTOR'S Bid 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 Bid 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 Bid; (e) The General Specifications; (f) The Special Provisions; (g)
The Standard Specifications as modified in other portions of the Contract
Documents; (h) The Plans; (i) Any Change Orders issued; 0) Any additional or
supplemental specifications, notices, instructions and drawings issued in
accordance with the provisions of the Contract Documents, (k) The
Determination of Prevailing Wage Rates for Public Work. 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 ten 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 12 Calendar Days from the Notice to Proceed
date to the satisfaction of the Engineer.
Contract No. C33890C
3. Contractor agrees to indemnify, defend and save CITY and its officers, agents
and employees, and the Engineer harmless from:
a. Any and all liability, claims, damages, losses or injuries to any person or
other entity, including injury to Contractor's employees, and all claims
which arise from or are connected with the negligent performance of or
failure to perform the work or other obligations of this Agreement, or which
are caused or which are claimed to be caused by the negligent or
intentional acts or omissions of Contractor, its subcontractors, its agents
or employees, and, all expenses of investigating and defending against
same,
b. Any and all liability, claims, damages, losses or injuries to any and all
contractors, subcontractors, material -men, laborers, or any other person,
firm or corporation furnishing or supplying work, services, materials or
supplies in connection with the performance of the Agreement.
C. Attention is directed to the General Specifications - Claims, Liability, and
Indemnity Agreement/Hold Harmless sections, which specifications are
made part of this Agreement as set forth in Agreement paragraph 1,
above.
d. Attention is directed to Section 6-9, "Liquidated Damages" of the
Standard Specifications and is hereby amended to substitute the "City of
Palm Desert" in place of "Agency." Liquidated damages shall be $1,000.00
per calendar day of delay.
4. 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 CITY or the Contractor, should be entitled to a
reasonable sum for attorney's fees incurred in any such litigation relating to this
Contract.
5. This Agreement shall be binding upon all parties hereto and their respective
heirs, executors, administrators, successors, and assigns.
6. Contractor shall be paid in the manner set forth in the Contract Documents the
amount of its Bid as accepted by CITY, subject to such additions and deductions
as may be made pursuant to the Contact Documents and applicable law.
Satisfactory Performance: The prime Contractor agrees to pay each
Subcontractor under this prime contract for satisfactory performance of its
contract no later than 10 days from the receipt of each payment the prime
Contractor receives from City of Palm Desert. Any delay or postponement of
payment from the above referenced time frame may occur only for good cause
following written approval of the City of Palm Desert.
Contracr No. C33890C
Release of Retention: The prime Contractor agrees further to release retention
payments to each Subcontractor within 30 days after the Subcontractor's work is
satisfactorily completed. Any delay or postponement of payment from the above
referenced time frame may occur only for good cause following written approval
of the City of Palm Desert.
7. 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."
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.
CONTRACTOR:
BY:
Signature to be notarized
TITLE:
CITY:
TITLE: Mayor of Palm Desert, CA
APPROVED AS TO CONTENT:
MARK GREENWOOD, P.E.
DIRECTOR OF PUBLIC WORKS
ATTEST BY:
TITLE:
ATTEST BY:
TITLE: City Clerk of Palm Desert, CA
APPROVED AS TO FORM:
DAVID J. ERWIN
CITY ATTORNEY
Contract No. C33890C
CONTRACTOR ACKNOWLEDGMENT
A Notary Public or other officer completing this certificate verifies only the identity of the
individual who signed the document, to which this certificate is attached, and not the
truthfulness, accuracy, or validity of that document.
State of California )
) SS.
County of )
On , 20 , before me, , a
Notary Public, personally appeared ,
who proved to me on the basis of satisfactory evidence to be the person(s)
whose name(s) is/are subscribed to the within instrument and acknowledged to
me that he/she/they executed the same in his/her/their authorized capacity(ies),
and that by his/her/their signature(s) on the instrument the person(s), or the entity
upon behalf of which the person(s) acted, executed the instrument.
I certify under PENALTY OF PERJURY under the laws of the State of California
that the foregoing paragraph is true and correct.
WITNESS my hand and official seal.
Signature
C — CONTRACTOR'S BID
COLMAC - SOIL STABILIZATION PROJECT
PROJECT NO.767-15
CONTRACT NO. C33890C
TO: CITY OF PALM DESERT, "CITY"
DATE:
BIDDER: tIlllw/Uylm/1l 7/1WVC/S_r 41111leall�lC0NTRACT0R"
The UNDERSIGNED,
Contract Documents
PROJECT, PROJECT
construct the work in
No(s).
stated in this Bid.
"CONTRACTOR", having carefully examined the site and the
for the construction of, COLMAC - SOIL STABILIZATION
NO. 767-15, CONTRACT NO. C33890C, hereby proposes to
accordance with the Contract Documents, including Addenda
for the amount
By submitting this Bid, CONTRACTOR agrees with CITY:
1. That unless withdrawn in person by CONTRACTOR or some person authorized
in writing by CONTRACTOR before the time specified in the Notice Inviting Bids
for the public opening of bids, this Bid constitutes an irrevocable offer for 60
calendar days after that date.
2. The CITY has the right to reject any or all Bids and to waive any irregularities or
informalities contained in a Bid.
3. That the contract shall be awarded only by the governing body of CITY. Said
contract shall only be deemed awarded after the CONTRACTOR'S complete
submission of all contract documents, bonds, insurance documentation, and the
CITY shall obtain all necessary signatures of the governing body, at which time
the contract shall be deemed awarded.
4. To submit to CITY such information as CITY may require to determine the
Bidder's financial standing experience and to perform the work.
5. That the CONTRACTOR agrees that if awarded the contract, CONTRACTOR will
execute the Agreement and deliver the certificates of insurance within 10 days
after notice of award.
It is understood that the quantities shown hereon, except for those quantities marked
"Lump Sum", are estimates and the final payment will be based upon the actual work
performed, subject to such adjustment and alterations as elsewhere provided herein.
Page C-1
The costs of any work shown or required in the Plans and Specifications, but not
specifically identified as a Pay Item are included in the related Pay Item(s), and no
additional compensation shall be due CONTRACTOR by virtue of CONTRACTOR'S
compliance with the Plans and Specifications.
TOTAL AMOUNT BASE BID IN FIGURES $ .��� �%9
TOTAL AMOUNT BASE BID IN WORDS ��`�� g- :24�/ Tlo s-
S2 � h ��, ./1'o- � c✓/lo•� %J .:i! a f� l` tom- .) N'G / /Q/•.f'
IN WITNESS WHEREOF CONTRACTOR executed this Bid as of date set forth on
Page C-1:
By:
Signatur
Title:
CONTRACTOR
A Notary Public or other offer completing this certificate verifies only the identity of the individual who signed the
document, to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document.
State of California )
County of
Subscribed and sworn to (or affirmed) before me on
(month), NJi (year), by
0
proved to me on the basis of §atisf.
who appeared before me.,
1 )l•
Signature of Notary
Page C-2
dav of
�'�li1i i flf
evidence to be the person(s)
DANA S. GILUAMS
COWS" 0 2072567
4MYCOM.
Notary Publk - CaliforniaRiwrsft County
ea Jul 23,201 a
D - INFORMATION REQUIRED OF BIDDER
TO ACCOMPANY BID
The bidder is required to supply the following information. Additional sheets may be
attached if necessary. /
1 CompanyName %%/j�// �/�
p
(2) Address � ' / ����� ?` l
(3) Telephone No.
(4) Type of Firm (Individual, Partnership or Corporation)
(5) Corporation organized under the laws of the State of (,
!li/lia !x 9Zz .%-5
Dl,-,wa iIv
(6) List the names and addresses of all owners of the firm or names and titles of all
officers o the corpor tion: /Jle
(7) Number of years' experience in construction work
(8) List at least three similar projects completed recently:
Contract Amount
Class of Work
Date Commpleted
Name, Address &
i i
Telephone No. of Owner
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2.
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3.
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Page D-1
(9) Pursuant to California Public Contracting Code, Section 4100 et. Seq., the
following list gives the name business address, and portion of work (description
of work to be done) for each subcontractor that will be used in the work if the
bidder is awarded the Contract, (Additional supporting data may be attached to
this page. Each page shall be sequentially numbered, and headed "Proposed
Contractors" and shall be signed.) The Bidder shall list all subcontractors who
will perform work or labor or render service to the prime contractor in excess of
one-half of one percent of the prime's bid.
Subcontractor's Name:
License Number:
Business Address:
Telephone:
Work Description: Percent of Work:
Subcontractor's Name:
License Number:
Business Address:
Telephone:
Work Description: Percent of Work:
Subcontractor's Name:
License Number:
Business Address:
Telephone:
Work Description: Percent of Work:
(10) List the name K411
f a persono inspected the site of the proposed work for your
firm ,1110U4
(11) A financial statement or other information and references sufficiently
comprehensive to permit an appraisal of your current financial condition may be
required by the City.
(12) Contractor hereby swears under penalty of perjury that this information provided
is true and correct.
By: ;� �-- -- --- Title:
S' ature Contractor
Page D-2
E — NONCOLLUSION DECLARATION
To be Executed by Bidder and Submitted with Bid
The undersigned declares: 44 I L,
P� 1/, s
am the a✓� �, ofthe
party making the foregoing bid. The bid is not made in the interest of, or on behalf of,
any undisclosed person, partnership, company, association, organization, or
corporation. The bid is genuine and not collusive or sham. The bidder has not directly
or indirectly induced or solicited any other bidder to put in a false or sham bid. The
bidder has not directly or indirectly colluded, conspired, connived, or agreed with any
bidder or anyone else to put in a sham bid, or to refrain from bidding. The bidder has
not in any manner, directly or indirectly, sought by agreement, communication, or
conference with anyone to fix the bid price of the bidder or any other bidder, or to fix any
overhead, profit, or cost element of the bid price, or of that of any other bidder. All
statements contained in the bid are true. The bidder has not, directly or indirectly,
submitted his or her bid price or any breakdown thereof, or the contents thereof, or
divulged information or data relative thereto, to any corporation, partnership, company,
association, organization, bid depository, or to any member or agent thereof, to
effectuate a collusive or sham bid, and has not paid, and will not pay, any person or
entity for such purpose.
Any person executing this declaration on behalf of a bidder that is a corporation,
partnership, joint venture, limited liability company, limited liability partnership, or any
other entity, hereby represents that he or she has full power to execute, and does
execute, this declaration on behalf of the bidder.
I declare under penalty of perjury under the laws of the State of California that
the foregoing is true and correct and that this declaration is executed on
rA
20�' , at �. �J �'
city state
Signatu /
Title: ! le -
CONTRACTOR
Page E-1
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