Loading...
HomeMy WebLinkAboutC21040A Steven Burt & Associates - Magnesia Falls Imprvmnt Lndscape 948-04CITY OF PALM DESERT PUBLIC WORKS DEPARTMENT STAFF REPORT REQUEST: Award Landscape Installation Contract No. C21040A to Steven Burt and Associates of Bermuda Dunes, California for the Installation of the Magnesia Falls Drive Street Improvement Landscape (Project No. 948-04) SUBMITTED BY: H. Spencer Knight, Landscape Manager CONTRACTOR: Steven Burt and Associates 78-755 Darby Road Bermuda Dunes, California 92203 DATE: April 14, 2005 CONTENTS: Agreement Vicinity Map Recommendation: By Minute Motion: 1. Award Contract No. C21040A to Steven Burt and Associates of Bermuda Dunes, California in the amount of $ 396,451.83 for Landscape Installation Services for the Magnesia Falls Drive Street Improvement Landscape. 2. Set aside a 10% contingency in the amount of $ 39,654.18. 3. Authorize the Mayor to execute the agreement. Discussion: On February 28, 2005 Public Works staff advertised for the landscape installation for the Magnesia Falls Drive Street Improvement Landscape (Project 948-04). Five (5) firms requested specifications and plans and the following firms responded with bids. Steven Burt and Associates, Bermuda Dunes, CA. $ 396,451.83 Pink, Inc., Palm Desert, Ca. $ 467,072.22 Hort Tech, Inc., Palm Desert, Ca. $ 569,481.24 Sierra Landscape Company, Inc., Palm Desert, Ca. $ 609,590.74 W \Agenda Items\2005-Apr 14\Award Contract for Mag Falls Landscape doc Staff Report Award Landscape Installation for Magnesia Falls Drive Page 2 of 2 April 14, 2005 After careful review of their qualifications, with understanding of the work required, staff has selected Steven Burt and Associates of Bermuda Dunes, California. Funds for this work are available in Account 400-4614-433-4001. Therefore, staff recommends that City Council award the subject Landscape Installation Contract No.C21040A to Steven Burt and Associates of Bermuda Dunes, California in the amount of $ 396,451.83, plus a 10% contingency in the amount of $ 39,654.18, and authorize the Mayor to execute the agreement. Submitted By: H. Spencer Knight Landscape Manager Approval: ACM for Development Services City Manager /hsk Department Head: Michael Errante, P.E. Director of Public Works Finance Director W IAgenda ltems12005-Apr 141Award Contract for Mag Falls Landscape doc AGREEMENT THIS AGREEMENT is made and entered into this 14t" day of April 2005, by and between the City of Palm Desert, California, and Steven Burt and Associates. WITNESSETH RECITALS: Contractor has submitted to Owner its Contractor's Proposal for the construction of Owner Project, 1. Magnesia Falls Drive Landscape Installation, PROJECT NO. 948-04, CONTRACT NO. C21040A, in strict accordance with the Contract Documents identified below, 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; (1) Addenda Nos. 1-4; (m) The Determination of Prevailing Wage Rates for Public Work; (n) Any Change Orders issued; (o) 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 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. I in accordance with the Contract Documents and will complete said work within One Hundred (100) calendar days from the Notice to Proceed date to the satisfaction of the City Engineer. W \Agenda Items\2005-Apr 14\CONTRACT AGREEMENT -Steven Burt doc 3. That the Contractor agrees to indemnify, defend, and hold harmless the OWNER, its officers, agents and employees, and the Engineer, from any and all claims and losses accruing or resulting to any and all contractors, subcontractors, materialmen, 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 6-9, "Liquidated Damages" of the Standard Specifications and is hereby amended to the substitute the City of Palm Desert in place of the State of California. Liquidated damages shall be $375.00 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 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. " 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. THIS AREA IS INTENTIONALLY LEFT BLANK SIGNATURES ON FOLLOWING PAGE W \Agenda Items\2005-Apr 14\CONTRACT AGREEMENT -Steven Burt doc CONTRACTOR: Steven Burt and Associates Signature to be notarized Title: OWNER: CITY OF PALM DESERT IN Title: Mavor of Palm Desert, California APPROVED AS TO CONTENT: Homer Croy ACM for Development Services Attest By: Title: Attest By: Title: Citv Clerk of Palm Desert David J. Erwin City Attorney W \Agenda Items\2005-Apr 14\CONTRACT AGREEMENT -Steven Burt doc