HomeMy WebLinkAboutC23220 Pink Inc. - Landscape Installation on Ave. of the States 937-04CITY OF PALM DESERT
PUBLIC WORKS DEPARTMENT
STAFF REPORT
REQUEST: Award Contract No. C23220 to Pink, Inc. for Landscape Installation
on Avenue of the States Median (Project No. 937-04)
SUBMITTED BY: H. Spencer Knight, Landscape Manager
CONTRACTOR: Pink, Inc.
P.O. Box 1012
Palm Desert, Ca 92261
DATE: March 10, 2005
CONTENTS: Agreement
Vicinity Map
Recommendation:
By Minute Motion:
1) Award Contract No. C23220 in the amount of $8,332.30 to Pink,
Inc, for the landscape installation on Avenue of the States Medians.
2) Set aside $833.23 as 10% contingency.
3) Authorize the Mayor to execute the Agreement.
Discussion:
On February 15,2005, at 10:00 a.m., the Public Works Staff opened sealed bids for the
installation of landscaping on Avenue of the States with the following bids submitted:
Pink, Inc. (Palm Desert) $8332.30
Steven Burt & Associates (Bermuda Dunes) $12,179.00
Hort Tech, Inc. (Bermuda Dunes) $24,320.00
Sierra Landscape Company, Inc. (Palm Desert, CA) $29,000.00
Public Works staff have reviewed the proposal from the low bidder and determined that
the specifications and provisions of the bid have been met.
Staff Report Landscape Installation Avenue of the States Median
Award Contract No. C23220
Page 2of2
March 10, 2005
Funds are available in Account No. 400-4614-433-4001.
Therefore, staff recommends that City Council award the subject contract to Pink,
Inc. in the amount of $8332.30, set aside $833.23 for contingency and authorize
the Mayor to execute the agreement.
Submitted By:
H Sp cer fight
pe ►i anager
Approval:
Homer Croy
ACM for Dev
Carlos Orte
City Manager
/dhl
ment Services
Department Head:
Mic ael : rr. ' i-, P.E.
Director Iic Works
Paul Gibson
Finance Director
G:IPubWorks\Staff Reports120051March 10IAvenue of the States Bid Award Pink Inc..doc
CONTRACT SERVICES AGREEMENT
CONTRACT NO. C-23220
Avenue of the States Median Landscape Renovation
THIS CONTRACT SERVICES AGREEMENT (herein "Agreement") is made
and entered into this day of , 2005, by and
between the CITY OF PALM DESERT, a municipal corporation (herein
"City") and (herein "Contractor").
NOW, THEREFORE, the parties hereto agree as follows:
1.0 SERVICES OF CONTRACTOR
1.1 Scope of Services.
In compliance with all of the terms and conditions of this Agreement, the Contractor
shall perform the work or services necessary to renovate the landscape and irrigation
on the medians identified and described in the approved landscape plans. Contractor
warrants that all work and services set forth in the Scope of Services will be performed
in a competent, professional and satisfactory manner and to the standards of the City.
1.2 Compliance With Law. All work and services rendered hereunder shall be provided
in accordance with all ordinances, resolutions, statutes, rules, and regulations of the
City and any Federal, State or local governmental agency of competent jurisdiction.
1.3 Licenses, Permits, Fees and Assessments. Contractor shall obtain at its sole cost
and expense such licenses, permits and approvals as may be required by law for the
performance of the services required by this Agreement.
1.4. Completion of project. Contractor shall do all things necessary to construct the work
generally identified in the approved landscape plan in accordance to the Contract
Documents and will complete said work within 30 days from the Notice to Proceed date
to the satisfaction of the Agency's Representative.
2.0 COMPENSATION
2.1 Contract Sum. For the services rendered pursuant to this Agreement and Section 9,
Contractor shall be compensated in accordance with the landscape plan and
incorporated herein by this reference, but not exceeding the
maximum contract amount of Dollars ($ ) ("Contract Sum").
2.2 Method of Payment. Provided that Contractor is not in default under the terms of this
Agreement, Contractor shall be paid $
Contract No. C23220
3.0 COORDINATION OF WORK
3.1 Representative of Contractor, , is hereby designated as being
the principal and representative of Contractor authorized to act in its behalf with respect
to the work and services specified herein and make all decisions in connection
therewith.
3.2 City Engineer or his designee, , is hereby designated as being the
representative the City authorized to act in its behalf with respect to the work and
services specified herein and make all decisions in connection therewith ("City
Engineer").
3.3 Prohibition Against Subcontracting or Assignment. Contractor shall not contract with
any entity to perform in whole or in part the work or services required hereunder without
the express written approval of the City. Neither this Agreement nor any interest herein
may be assigned or transferred, voluntarily or by operation of law, without the prior
written approval of City. Any such prohibited assignment or transfer shall be void.
3.4 Independent Contractor. Neither the City nor any of its employees shall have any
control over the manner, mode or means by which Contractor, its agents or employees,
perform the services required herein, except as otherwise set forth. Contractor shall
perform all services required herein as an independent contractor of City and shall
remain under only such obligations as are consistent with that role. Contractor shall not
at any time or in any manner represent that it or any of its agents or employees are
agents or employees of City.
3.5. Contractor shall cooperate and coordinate with other forces at the job site.
4.0 INSURANCE, INDEMNIFICATION.
4.1 Insurance. The Contractor shall procure and maintain, at its sole cost and expense,
in a form and content satisfactory to City, during the entire term of this Agreement
including any extension thereof, the following policies of insurance:
(a) Commercial General Liability Insurance. A policy of commercial general liability
insurance written on a per occurrence basis with a combined single limit of at least
$1,000,000 bodily injury and property damage including coverage for contractual
liability, personal injury, independent contractors, broad form property damage, products
and completed operations and $2,000,000 in general aggregate. The General Liability
Policy shall add the City of Palm Desert as an additional insured in accordance with
standard ISO additional insured endorsement form CG2010(1185) or an equivalent
approved by the City Risk Manager.
(b) Worker's Compensation Insurance. A policy of worker's compensation insurance in
such amount as will fully comply with the laws of the State of California and which will
include $1,000,000 employer's liability.
(c) Business Automobile Insurance. A policy of business automobile liability insurance
Contract No. C23220
written on a per occurrence basis with a single limit liability in the amount of $1,000,000
bodily injury and property damage, Said policy shall include coverage for owned, non -
owned, leased and hired cars.
(d) Additional Insurance. Policies of such other insurance, including professional liability
insurance in a minimal amount of $1,000,000 if contract has professional liability
exposure, as may be required in the Special Requirements. All of the above policies of
insurance shall be primary insurance and shall name the City, its officers, employees
and agents as additional insured. The insurer shall waive all rights of subrogation and
contribution it may have against the City, its officers, employees and agents, and their
respective insurers. In the event any of said policies of insurance are canceled, the
Contractor shall, prior to the cancellation date, submit new evidence of insurance in
conformance with this Section 4.1 to the Contract Officer. No work or services under
this Agreement shall commence until the Contractor has provided the City with
Certificates of Insurance or appropriate insurance binders evidencing the above
insurance coverages and said Certificates of Insurance or binders are approved by the
City. The contractor agrees that the provisions of this Section 4.1 shall not be
construed as limiting in any way the extent to which the Contractor may be held
responsible for the payment of damages to any persons or property resulting from the
Contractor's activities or the activities of any person or person for which the Contractor
is otherwise responsible. In the event the Contractor subcontracts any portion of the
work in compliance with Section 3.3 of this Agreement the contract between -the
Contractor and such subcontractor shall require the subcontractor to maintain the same
polices of insurance that the Contractor is required to maintain pursuant to this Section.
4.2 Indemnification. Contractor agrees to indemnify the City, its officers, agents and
employees against, and will hold and save them and each of them harmless from, any
and all actions, suits, claims, damages to persons or property, losses, costs, penalties,
obligations, errors, omissions or liabilities, (herein "claims or liabilities") that may be
asserted or claimed by any person, firm or entity arising out of or in connection with the
negligent performance of the work, operations or activities of Contractor, its agents,
employees, subcontractors, or invitees, provided for herein, or arising from the negligent
acts or omissions of Contractor hereunder, or arising from Contractor's negligent
performance of or failure to perform any term, provision, covenant or condition of this
Agreement, whether or not there is concurrent passive or active negligence on the part
of the City, its officers, agents or employees but excluding such claims or liabilities
arising from the sole negligence or willful misconduct of the City, its officers, agents or
employees, who are directly responsible to the City, and in connection therewith:
(a) Contractor will defend any action or actions filed in connection with any of said
claims or liabilities and will pay all costs and expenses, including legal costs and
attorneys' fees incurred in connection therewith;
(b) Contractor will promptly pay any judgment rendered against the City, its officers,
agents or employees for any such claims or liabilities arising out of or in connection with
the negligent performance of or failure to perform such work, operations or activities of
Contractor hereunder; and Contractor agrees to save and hold the City, its officers,
agents, and employees harmless there from;
Contract No. C23220
(c) The Contractor shall maintain strict compliance with all provisions of Cal OSHA
Standards and Regulations. The Contractor acknowledges and hereby agrees to be
defined as the "Controlling Employer" at the job site. As the "Controlling Employer" the
contractor shall take reasonable steps to ensure that all subcontractors maintain
compliance with Cal OSHA Standards and Regulations. The Contractor shall be
responsible for all fines, penalties and judgments that result from Cal OSHA action;
(d) In the event the City, its officers, agents or employees is made a party to any action
or proceeding filed or prosecuted against Contractor for such damages or other claims
arising out of or in connection with the negligent performance of or failure to perform the
work, operation or activities of Contractor hereunder, Contractor agrees to pay to the
City, its officers, agents or employees, any and all costs and expenses incurred by the
City, its officers, agents or employees in such action or proceeding, including but not
limited to, legal costs and attorneys' fees.
5.0 TERM
5.1 Term. Unless earlier terminated in accordance with Section 5.2 below, this
Agreement shall continue in full force until the completion of work. 5.2 Termination Prior
to Expiration of Term. Either party may terminate this Agreement at any time, with or
without cause, upon thirty, (30) days' written notice to the other party. Upon receipt of
the notice of termination, the Contractor shall immediately cease all work or services
hereunder except as may be specifically approved by the City Engineer. In the event of
termination by the City, Contractor shall be entitled to compensation for all services
rendered prior to the effectiveness of the notice of termination and for such additional
services specifically authorized by the Contract Officer and City shall be entitled to
reimbursement for any compensation paid in excess of the services rendered.
6.0 MISCELLANEOUS
6.1 Covenant, Against Discrimination. Contractor covenants that, by and for itself, its
heirs, executors, assigns and all persons claiming under or through them, that there
shall be no discrimination against or segregation of, any person or group of persons on
account of race, color, creed, religion, sex, marital status, national origin, or ancestry in
the performance of this Agreement. Contractor shall take affirmative action to ensure
that applicants are employed and that employees are treated during employment
without regard to their race, color, creed, religion, sex, marital status, national origin or
ancestry.
6.2 Non -liability of City Officers and Employees. No officer or employee of the City shall
be personally liable to the Contractor, or any successor in interest, in the event of any
default or breach by the City or for any amount which may become due to the contractor
or to its successor, or for breach of any obligation of the terms of this Agreement.
6.3 Conflict of Interest. No officer or employee of the City shall have any financial
interest, direct or indirect, in this Agreement nor shall any such officer or employee
Contract No. C23220
participate in any decision relating to the Agreement which effects his financial
interest or the financial interest of any corporation, partnership or association in which
he is, directly or indirectly, interested, in violation of any State statute or regulation. The
Contractor warrants that it has not paid or given and will not pay or give any third party
any money or other consideration for obtaining this Agreement.
6.4 Notice. Any notice, demand, request, document, consent, approval, or
communication either party desires or is required to give to the other party or any other
person shall be in writing and either served personally or sent by prepaid, first-class
mail, in the case of the City, to the City Manager and to the attention of the Contract
Officer, CITY OF PALM DESERT, 73-510 Fred Waring Drive, Palm Desert, California
92260, and in the case of the Contractor, to the person at the address designated on
the execution page of this Agreement.
6.5 Interpretation. The terms of this Agreement shall be construed in accordance with
the meaning of the language used and shall not be construed for or against either party
by reason of the authorship of this Agreement or any other rule of construction which
might otherwise apply.
6.6 Integration; Amendment. It is understood that there are no oral agreements between
the parties hereto affecting this Agreement and this Agreement supersedes and cancels
any and all previous negotiations, arrangements, agreements and understandings,
if any, between the parties, and none shall be used to interpret this Agreement. This
Agreement may be amended at any time by the mutual consent of the parties by an
instrument in writing.
6.7 Severability. In the event that part of this Agreement shall be declared invalid or
unenforceable by a valid judgment or decree of a court of competent jurisdiction, such
invalidity or unenforceability shall not affect any of the remaining portions of this
agreement which are hereby declared as severable and shall be interpreted to carry out
the intent of the parties hereunder unless the invalid provision is so material that its
invalidity deprives either party of the basic benefit of their bargain or renders this
Agreement meaningless.
6.8 Waiver. No delay or omission in the exercise of any right or remedy by a
nondefaulting party on any default shall impair such right or remedy or be construed as
a waiver. A party's consent to or approval of any act by the other party requiring the
party's consent or approval shall not be deemed to waive or render unnecessary the
other party's consent to or approval of any subsequent act. Any waiver by either party of
any default must be in writing and shall not be a waiver of any other default concerning
the same or any other provision of this Agreement.
6.9 Attorneys' Fees. If either party to this Agreement is required to initiate or defend or
made a party to any action or proceeding in any way connected with this Agreement,
the prevailing party in such action or proceeding, in addition to any other relief which
may be granted, whether legal or equitable, shall be entitled to reasonable attorney's
fees, whether or not the matter proceeds to judgment.
Contract No. C23220
6.10 Corporate Authority. The persons executing this Agreement on behalf of the
parties hereto warrant that (i) such party is duly organized and existing, (ii) they are duly
authorized to execute and deliver this Agreement on behalf of said party, (iii) by so
executing this Agreement, such party is formally bound to the provisions of this
Agreement, and (iv) the entering into this Agreement does not violate any provision of
any other Agreement to which said party is bound.
7.0 CHANGE ORDERS
Reference is made to Section 8 "Change in Work" of the Standard Specifications.
Each approved change order shall be considered as an amendment to the Contract
Documents and will not be considered approved until executed by the Owner.
The above does not limit the ability of City Engineer to issue further detail drawings,
explanations and instructions that are customarily given by City Engineer during the
course of similar work. City Engineer will furnish Contractor with reasonable promptness
when such further detailed explanations, instructions and drawings may be necessary
for the proper execution of the work, and Contractor shall conform to same provided
they are consistent with the intent of the Contract Documents. In giving such additional
instructions, explanations and drawings, Engineer has authority to make minor changes
in the work, which do not involve extra cost and are not inconsistent with the Contract
Documents.
Contractor's acting on such instructions, explanations and drawings of City Engineer
means that Contractor agrees that such explanations, instructions and drawings are
within the scope of the work in accordance with the intent of the Contract Documents
and do not constitute a basis for modification of the Contract Documents as to price or
time.
8.0 CHANGES IN WORK & CHANGES IN CONTRACT PRICE
8.1 The Owner may at any time, as the need arises, order changes within the scope of
the work without invalidating the Agreement. If such changes increase or decrease the
amount due under the Contract Documents, or in the time required for performance of
the work, an equitable adjustment shall be authorized by Change Order.
The City Engineer, also, may at any time, by issuing a Field Order, make changes in the
details of the work. The Contractor shall proceed with the performance of any changes
in the work so ordered by the Engineer unless the Contractor believes that such Field
Order entitles him to a change in Contract Price or Time, or both in which event he shall
give the City Engineer WRITTEN NOTICE thereof within seven (7) days after the receipt
of the ordered change. Thereafter the Contractor shall document the basis for change
in Contract Price or Time within thirty (30) days. The Contractor shall not execute such
changes pending the receipt of an executed Change Order or further instructions from
the Owner.
8.1 The Contract Price may be changed only by a Change Order. The value of any
work covered by a Change Order or of any claim for the increase or decrease in the
Contract No. C23220
Contract Price shall be determined by one or more of the following methods in the order
of precedence listed below:
a. Unit prices previously approved.
b. An agreed lump sum.
c. The actual cost for labor, direct overhead, materials, supplies, equipment, and
other services necessary to complete the work. In addition there shall be added
an amount to be agreed upon but not to exceed fifteen (15) percent of the actual
cost of the work to cover the cost of general overhead and profit.
9.0 HOURS OF OPERATION
Unless otherwise approved by the Engineer, the Contractor shall not work outside the
following Hours of Operations for this project:
Weekdays (MTWTF):
Weekends (Saturday):
Weekends (Sunday):
Holidays:
6:00 AM to 7:00 PM
8:00 AM to 5:00 PM
No Work
No Work
Failure to observe these work hours may result in a citation being issued to the
offenders by the police department.
10.0 CONTRACTORS PROPOSAL
It is understood that the quantities shown hereon, except for those quantities marked
"Lump Sum", are but estimates and the final payment will be based upon the actual
work performed, subject to such adjustment and alterations as elsewhere provided
herein.
01
ITEM DESCRIPTION,
Avenue of the States Median
Landscape Renovation
TOTAL BID PRICE (BASE BID)
UNIT
UNITS , QUANT COST
1
LS
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 Pay Item, 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 $3 3 e.
TOTAL AMOUNT BASE BID IN WORDS cU;ratJ ,ut( L1i.,7l4
-4-(A)
Contract No. C23220
10.0 BIDDER INFORMATION
(NO BID WILL BE CONSIDERED UNLESS THIS DOCUMENT IS COMPLETED IN
FULL. ALL APPLICABLE ITEMS MUST BE FILLED OUT)
INFORMATION REQUIRED OF BIDDER
The bidder is required to supply the following information. Additional sheets may
be attached if necessary. (1) Address ? (k)( 1O\ 2_ - PAtivt ro3C C1-
(2) Telephone No.
(3) Type of Firm (Individual, Partnership or Corporation) j-o'1`'
(4) Corporation organized under the laws of the State of -t"'
(5) Contractor's License No. 93'/ J Z— Exp. Date 2-/ 4/v$
Contractor hereby swears under penalty of perjury that this inform�ation rovided
is true\and correct.
By: ( Title: /440)•%-j-~--
ignature Contractor
(6) List the names and addresses of all owners of the firm or names and titles of all
officers of the corporation:
/hi iti' i4e,:1241 Avv44, 19A2,0(.46-1+,
/MI 14 (5-11/114 2c _13
(7) Number of years' experience as a Contractor in construction work / 3
Contract No. C23220
(8) List at least three similar projects completed recently:
Contract Class of Date Name, Address &
Amount Work Completed Telephone No of
Owner cL; u vi%1-1
r
1.
I litif ieL fattits C c /1411114Z' Sci'L‘
4
Contract No. C23220
(9) List the names and addresses of each Subcontractor who will perform work in or
about the work improvement, and indicate what portion of the work will be done by each
Subcontractor:
Subcontractor's Name:
License Number:
Address:
A)//'
Telephone:
Work to be performed:
Subcontractor's Name:
License Number:
Address:
Telephone:
Work to be performed:
Subcontractor's Name:
License Number:
Address:
Telephone:
Work to be performed:
(10) List the name of the person who inspected the site of the proposed work for your
firm r'hlik t-
(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 Owner.
Contract No. C23220
IN WITNESS WHEREOF, the parties have executed and entered into this Agreement
as of the date first written above.
CITY:
CITY OF PALM DESERT,
a municipal corporation:
Buford Crites, Mayor
ATTEST:
Rachelle Klassen ,CMC, City Clerk
APPROVED AS TO FORM:
Dave Erwin, City Attorney
CONTRACTOR:
By:
Name:
Title:
Address:
CONTRACT ATTACHMENTS:
LANDSCAPE PLANS
ArcIMS Map Output
Page 1 of 1
Contract No. C23220
Landsca • e Installation for Avenue of the States Median
http:// 10.20.2.35/servlet/com.esri.esrimap.Esrimap?ServiceName=CityOverview&Client... 02/23/2005