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HomeMy WebLinkAboutC27690E - Portola Ave Sidwalk Rlctn Lndscpe 933-07Contract No. C27690E CITY OF PALM DESERT PUBLIC WORKS DEPARTMENT STAFF REPORT REQUEST: AWARD CONTRACT NO. C27690E TO EARTH SCULPTURES, INC., FOR THE PORTOLA AVENUE SIDEWALK RELOCATION LANDSCAPE PROJECT (PROJECT NO. 933-07) SUBMITTED BY: Mark Greenwood, P.E., Director of Public Works CONTRACTOR: Earth Sculptures, Inc. 38-207 North Primrose Lane Indio, California 92203 DATE: November 12, 2015 CONTENTS: Agreement Contractor's Bid Performance Bond Payment Bond Vicinity Map Recommendation By Minute Motion, 1. 63-16Award Contract No. C27690E in the amount of $110,239.00 to Earth Sculptures, Inc., for the Portola Avenue Sidewalk Relocation Landscape Project; 2. Authorize the Director of Finance to set aside a 10% contingency in the amount of $11,023.90; and 3. Authorize the Mayor to execute the agreement. Funds are available in Account No. 4004438-4400100, Portola Sidewalk Capitol Project Fund. Background On October 7, 2015, staff advertised and called for bids for the Portola Avenue Sidewalk Relocation Landscape Project with a bid opening scheduled for October 28, 2015. The following bids were received: Staff Report Award Contract No. Page 2 of 3 November 12, 2015 Contractor C27690E to Earth Sculptures Earth Sculptures Inc. Conserve Landcare Kirkpatrick Landscaping Services Inc. California Landscape Design AToM Engineering Desert Concepts Location Indio, California Thousand Palms, California Indio, California Upland, California Hemet, California Palm Desert, California Bid Amount $110,239.00 $121,045.00 $134,851.33 $239,573.00 $348,398.00 Non -responsive This project will complete the landscape phase of the recently constructed free right turn from southbound Portola Avenue to westbound Fred Waring Drive, and the sidewalk relocation along the east side of Portola Avenue. Earth Sculptures, Inc., was the lowest responsible bidder. Their bid is in line with the engineer's estimate and industry standards. They have successfully completed contracts for the City in the past. Fiscal Analysis The initial cost of the contract will be paid through budgeted funds in the Portola Sidewalk Project Fund. The on -going maintenance cost of approximately $600.00 per month will be addressed through a mid -year budget adjustment to Landscape Maintenance Area No.9. The subject contract includes a 90-day maintenance period. Prepared By: Cora L. Gaugusl5, Capital Improvement Projects Technician Randy Ch vez, andscape Supervisor. M. Wohlmuth, City Manager Dep2#mAnJ Head: Mark Gtegnwood, P.E., Directo o Public Works Paul S. Gibson, Director of Finance AGREEMENT THIS AGREEMENT is made and entered into this 12« day of November, 2015, by and between City of Palm Desert, California, hereafter called "CITY" and Earth Sculptures, Inc. hereinafter called "CONTRACTOR". WITNESSETH RECITALS: CONTRACTOR has submitted to CITY its Contractor's Bid for the construction of CITY Project, 1. PORTOLA AVENUE SIDEWALK RELOCATION LANDSCAPE PROJECT, PROJECT NO. 933-07, CONTRACT NO. C27690E, 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 Bidder's Bond; (f) The Performance Bond, (g) The Payment Bond; (h) The General Specifications; (i) The Special Provisions; 0) The Standard Specifications as modified in other portions of the Contract Documents; (k) The Plans; (1) Any Change Orders issued; (m) Any additional or supplemental specifications, notices, instructions and drawings issued in accordance with the provisions of the Contract Documents (n) The Determination of Prevailing Wage Rates for Public Work, (o) Addenda No(s) .1. 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 30 Calendar Days from the Notice to Proceed date to the satisfaction of the Engineer. 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 $1,500 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. 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 workers' 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: Earth Sculptures, Inc. 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 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. 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 PORTOLA AVENUE SIDEWALK RELOCATION LANDSCAPE PROJECT PROJECT NO. 933-07 CONTRACT NO. C27690E TO: CITY OF PALM DESERT, "CITY" DATE: 10/28/2015 BIDDER: Earth Sculptures, Inc. "CONTRACTOR" The UNDERSIGNED, "CONTRACTOR", having carefully examined the site and the Contract Documents for the construction of, PORTOLA AVENUE SIDEWALK RELOCATION LANDSCAPE PROJECT, PROJECT NO. 933-07, CONTRACT NO. C27690ehereby proposes to construct the work in accordance with the Contract Documents, including Addenda No(s). 1 for the amount stated in this Bid. By submitting this Bid, CONTRACTOR agrees with CITY: 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 sych informatipn as CITY may require to determine the Bidder's financial standing experience and to perform the work. 5. That the accompanying certified or cashier's check or Bid Bond constitutes a guarantee that if awarded the contract, CONTRACTOR will execute the Agreement and deliver the required bonds and certificates of insurance within 10 days after notice of award. If CONTRACTOR fails to execute and deliver said documents, the check or bond is to be charged with the costs of the resultant damages to CITY, including but not limited to publication costs, the difference in money between the amount bid and the amount in excess of the bid which costs CITY to do or cause to be done the work involved, lease and rental costs, additional salaries and overhead, increased interest and costs of funding the project, attorney expense, additional engineering and architectural expense and Page C-1 cost of maintaining or construction alternate facilities occasioned by the failure to execute and deliver said documents. 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. EA71�t� l/ l 4a �} 7 yc - < , - #?; 1• u l j�,.. t an ��.-�l�i��' .J T«' r1 c i -i t +,;.c�.. "fin` . ��#. ",�R' '•ry�'• «^..y; Y t . . �f�s zt.3 lr 'L:., •i.r �• , ,o., x:',. r . is -��, I Mobilization 2 I Clearing and Grubbing 3 Traffic Control LS ! 1 $ 90d(i LS !1 $ LS I1 i$3NO � I 1 $ 9°0o $ 3100 ......,.,..�.. , ..., .. ; �� , . ws S� ; 5 S 0 D 5 iCarrisa-Boxwood Beauty - 5 Gallon 7EA 26 $ $ r, 6 Dasylirion wheeled - 5 Gallon :. EA ! 13 $ 0 $ 3 �� $ y �9 7— : Russelia equisetiformis - 5 Gallon EA 17 $ ro� 8 9 Dasylirion longissima - 5 Gallon I Caesaipinia pulchemma - 5 Gallon j EA ! EA 8 4 $ �3 $ 1 $ 02 0 y 10 11 Rhus ovata - 5 Gallon ! Agave d-e mettiana - 5 Gallon EA EA 4 4 $ 3 3 $ /s $ /3,2 $ 33 12 , Leucophyllum candidum - 5 Gallon EA 12 $ 3U $ 3�O `j 13 14 Penstemon - 1 Gallon Gossypium harknessii - 1 Galion EA EA 21 14 $ / $ $ pr1 $ /! 7 15 Hesperaloe parviflora - 1 Gallon EA 31 $ $ 16 Aloe x'Blue Elf - 1 Gallon i EA 31 $ 15 $ 17 Tecoma stans - 5 Galion 1 EA 14 $ $ Page C-2 IT M NO. °lTEWDESCR XION 4 : 18 Lantana Teenie Genie'- 5 Gallon EA 19 Boulders - Gray Cresta - Small EA 20 Boulders - Gray Cresta - Medium EA 21 Boulders - Gray Cresta Large _ EA 23 ' Decomposed Granite - Desert Gold SQFT Fractured Rock - Baja Cresta - 3" to SQFT 22 9" 24 Rock Blanket SQFT 25 Irrigation System 26 Plant Maintenance - 90 Day TOTAL BID PRICE LS LS GUAtT,lTY'OST . TOTAL 32 $13 1$1056 31 $ $ %p 42y6 a0 l 26 11/50 $ 3900 26,800 , $ a?s $ /v2��gd 2650 $ �O$ - �o, yOS soa So 1 $--t- a -0 0 J 7 - 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 $_ //O , a 3 9 TOTAL AMOUNT BASE BID IN WORDS T., %Ul�grlO IN WITNESS WHEREOF CONTRACTOR executed this Bid as of date set forth on Page C-1: By: Signa Title: 01'v/7 e-r CONTRACTOR Page C-3 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 ) } County of R wers) de - Subscribed and swom to (or affirmed) before me on this day of 0 c406'1' ' (month), 2015 (year), by = F cic_ proved to me on the basis of satisfactory evidence to be khe person(,8'j who appeared before me. Signature of Notary C. L ELLZEY COrtMrlbaiart • 2107926 LOME Notary Pubic - caworrtia Riverside courtly Gorton rat 20 2019+ Page C-4 PERFORMANCE BOND KNOW ALL MEN BY THESE PRESENTS: That whereas the City of Palm Desert has awarded to Earth Sculptures, Inc. hereinafter designated as the "Principal", a contract for: PORTOLA AVENUE SIDEWALK RELOCATION LANDSCAPE PROJECT PROJECT NO. 933-07 CONTRACT NO. C27690E 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, Earth Sculptures, Inc., the Principal, and as Surety, are held and firmly bound unto the City of Palm Desert hereinafter called the City, in the penal sum of ONE HUNDRED TEN THOUSAND TWO HUNDRED THIRTY-NINE and no/100 Dollars ($110,239.00), 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 City, 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 wise 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 City 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. Page 1 IN WITNESS WHEREOF, identical counterparts of this instrument, each of which shall for all purposes be deemed an original thereof, have been duly executed by the Principal and Surety above named, on this day of 20 SURETY PRINCIPAL LIM (Signature must be notarized) (Signature must be notarized) INSURANCE COMPANY and/or AGENT ADDRESS TELEPHONE NUMBER SURETY ACKNOWLEDGEMENT 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 County of On before me, 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 Page 2 PRINCIPAL ACKNOWLEDGEMENT 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 ) County of ) On before me, 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 Page 3 PAYMENT BOND KNOW ALL MEN BY THESE PRESENTS: THAT WHEREAS, the City of Palm Desert (sometimes referred to hereinafter as "Obligee") has awarded to Earth Sculptures, Inc. (hereinafter designated as the "CONTRACTOR"), an agreement dated November 12, 2015 described as follows: PORTOLA AVENUE SIDEWALK RELOCATION LANDSCAPE PROJECT, PROJECT NO. 933-07, CONTRACT NO. C27690E, (hereinafter referred to as the "Contract"); and WHEREAS, said CONTRACTOR is required to furnish a bond in connection with said Contract, and pursuant to Section 9100 of the California Civil Code; NOW, THEREFORE, we, Earth Sculptures, 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 payment notices under Section 9100 of the California Civil Code, in the sum of ONE HUNDRED TEN THOUSAND TWO HUNDRED THIRTY-NINE and no/100 Dollars ($110,239.00), 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 9100 et seq. of the Civil Code, or for any amounts 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 herein above, it is agreed that this bond will inure to the benefit of any and all persons, companies and corporations entitled to serve stop payment notices under Section 9100 of the Civil Code, so as to give a right of action to them or their assigns in any suit brought upon this bond. Page 4 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. 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 120 PRINCIPAUCONTRACTOR: Earth Sculptures, Inc. By: (Signature) (Typed Name and Title) (Signature must be notarized) The rate of premium on this bond is $ SURETY: (Typed Name of Surety) By: (Signature of Attorney -in -Fact) (Typed Name of Attorney -in -Fact) (Signature must be notarized) The total amount of premium charged: $ (the above must be filled in by corporate surety). per thousand. 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) Page 5 SURETY 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 County of On before me, 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 Page 6 PRINCIPAL 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 ) County of ) On before me, 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 Page 7