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Home My WebLink AboutC26800 Freedom Prk Community GardenJam.? �t:r,. CITY OF PALM DESERT Special Programs Department Staff Report rs1 REQUEST: Approval to Award Freedom Park Community Garden Contract to Larios Builders. SUBMITTED BY: Frankie Riddle, Director of Special Programs DATE: August 9, 2007 CONTENT: 1. Freedom Park Layout RECOMMENDATION: By Minute Motion, approve the following: (1) Award the Freedom Park Community Garden Contract No. C26800 to Larios Builders in the amount of $37,400; (2) approve a 10% contingency in the amount of $3,740; and (3) authorize staff to appropriate funds from Account No. 400-4546-454-4001. DISCUSSION: City Council approved the Freedom Park Community Garden and construction funding within the FY 2007/08 Budget. Staff noticed the project and received the following responsive proposals: (1) RZ Landscape of 47-764 Tulip PI., Indio, CA in the amount of $52,648.92 (2) Larios Builders of 53-235 Pony Trl., Anza, CA in the amount of $37,400 The estimated completion date for this project mid -September and will be open in time for the gardening season starting in end of September/October 2007. Staff currently has a waiting list of 46 people for this garden; however, there are only 22 plots available. The garden was planned as a smaller, more grass roots garden that will have 22 — 4' x 10' plots, a 20' x 20' shade pavilion, two picnic tables and two benches. During the construction phase the gardeners will be contacted to finalize the registration process in time for preparation of the 2007 gardening season. Those that are unable to garden at this site will be offered an opportunity to garden at San Pablo Garden. CITY COUNCIL STAFF REPORT RE: FREEDOM PARK COMMUNITY GARDEN AUGUST 9, 2007 Staff requests City Council approve the contract with Larios Builders in the amount of $37,400, a 10% retention, and appropriation of funds. Submitted By: Franke Riddle Director of Special Program (13,:ncur: heila R. Gilnigan ACM of Community Servi Approval: Carlos L. Orte City Manager Paul S. Gibson Director of Finance CITY COUNCIL ACTION: APPROVED ✓ DENIED RECEIVED OTHER t€ETIN DATE `i -`i -07 AYES :Alta . finer- 1 c4:JNOES: ABSENT: -Mlles ABSTAIN: n itl(N , VERIFIED BY: „ )k !fl1 ) Driginal on File wi h City Clerk's Offir. AGREEMENT CONTRACT No. THIS AGREEMENT is made and entered into this 9'h day of Auqust , 2007, by and between City of Palm Desert, California, hereafter called "Owner", and Larios Builders hereinafter called "Contractor". WITNESSETH RECITALS: 1. Contractor has submitted to Owner its Contractor's Proposal for the construction of Owner Project, Contract No. City of Palm Desert, FREEDOM PARK COMMUNITY GARDEN PROJECT in strict accordance with the Plans and Contract Documents provided by City and 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. 3. STATEMENT OF WORK: The contractor hereby agrees to furnish all tools, equipment, service, apparatus, facilities, transportation, labor and materials for the Freedom Park Community Garden. In strict accordance with the Plans, Specifications, and other information provided. Contractor shall work with the City to coordinate all work with all other parties involved with the project and/or delivery, installation, and setup (e.g., irrigation, water, etc.), if required. AGREEMENT: IT IS AGREED BY THE PARTIES AS FOLLOWS: 1. Contract Documents: The entire contract consists of the following: {a) The Agreement; (b) The Contractor's Proposal; (c) The Plans, and (d) all other documents required by California law. 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 fabricate and/or install work generally described in Recital No. 1 and agreed to by both parties and will complete said work within thirty (30) calendar days from the Notice to Proceed date to the satisfaction of Frankie Riddle, Director of Special Proqrams. 3. That the Contractor agrees to indemnify, defend, and hold harmless the City and Westfield Shopping Town, its officers, agents and employees, and the Architect, 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. Contract No. 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 Owner 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 proposal as accepted by Owner, subject to such additions and deductions as may be made pursuant to prior approval by the City and applicable law. The City shall withhold 10 percent as retention as is standard practice for construction contracts. The retention will be release 35-days after recordation of Notice of Completion with the County Recorder Office. 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." 8. CONTRACTOR and OWNER do hereby acknowledge that this project is subject to applicable Federal procurement, labor, environmental, equal opportunity, and other regulations. Any sub-tier Contracts resulting from its contract must contain the same contractual language as the original contract. HOLD HARMLESS CLAUSE Contractor shall hold the City of Palm Desert and Westfield Shopping Town, its officers, employees and agents free and harmless from all claims, actions, damages and liabilities of whatsoever kind, nature of sort arising from wrongful death, personal injury, property damage or other cause asserted or based upon any negligent act or omission of Contractor, its employees, agents, invitees, or any subcontractor relating to or in any way connected with the accomplishments of the work or performance of services under this Agreement, whether or not such acts or omissions were in furtherance of the work required by the contract documents. As part hereto of the foregoing indemnity, Contractor agrees to protect and to defend at its own expense, including attorney's fees, City of Palm Desert, its officers, Agents and employees from any and all legal action based upon any negligent acts or omissions of the Contractor. ADDITIONALLY INSURED CLAUSE The Certificate of Insurance supplied to the City of Palm Desert shall name the City and Westfield, its officers, employees, agents, and independent contractors as "additional insured" and shall specify that the City of Palm Desert be given thirty days (30) prior written notice of any modification, decrease or termination of the Contractor's insurance coverage. Such insurance shall be subject to approval by the City of Palm Desert. Contract No. 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. CITY OF PALM DESERT "CONTRACTOR" � Mavor Attest: City Clerk Approved as to content: By: Title Attest: Title David J. Erwin, City Attorney FREEDOM PARK COMMUNITY GARDEN Overall Community Garden Size: Fenced Area = 30' width x 1 19' length. I. Entry gate to be ADA compliant: l,ever style handle with locking device at appropriate ADA height. (This may require modification or replacement of to existing gate and/or handle/locking mechanism.) 2. Standard Garden Plot/Bed Size and Number: l 1 raised plots/beds, dimensions of each bed to be 4' wide x 20' length x 3' height, except ADA plot west of shade pavilion should by 2' in height for ADA compliance, all other dimensions remain the same. 3. Walking Paths/Aisle Size: Aisles on the far East and West of ends of the garden = 5' Walking Paths/Aisle Size: At North = 6' and South End = 4' Walking paths adjacent to pavilion should be 4.5' on each side Walking paths between each plot should be 4' 4. All non-bed areas inside community garden (aisles/path�vays and pavilion) shall have compacted, 3/8" minus stabilized D.G. Color to be approved by the City. Soil shall be level and compacted for wheelchair access. MUST BE ADA COMPLIANT. 5. Water faucets for continual water supply to be placed at both ends (north and south) of the plots located to the east and west (adjacent) to the pavilion and the farthest (last) plots to the east and west of the gardens. Faucets shall be placed on the outsidc of the beds. Faucet handles shall be lever style for ADA. 6. Irrigation: ( I) Utilize existing stub out for water, (2) PVC for underground pipe and galvanized steel risers for all faucets, (3) install ball valves at each plot and main line for emergency shut off, (4) program three plots per station with one station having two plots, For bid purposes only: (5) install two irrigation valves to the existing parking irrigation system including control, wires, filters, regulators, and all associated parts/materials. Note: Field conditions may require modification to actual installation. 7. Inside each plot there shall be two faucets one at each end. These faucets are to be conntected to the automatic irrigation valve. The contractor to install irrigation pipe, valve, filter, and regulator per City specs. 8. There shall be an attached metal divider at the ] 0' mark in each plot — dividing the plot into two 10' plots. Each plot shall be numbered consecutively 1 through 22 at the 5' and 15' mark on each plot. Numbering to start at the east end of the garden and number consecutively (referred to layout). Numbering shall be completed with permanent stencil or an approved process. 9. The City will provide soil for garden plots, delivered to site and contractor to provide for installation of soil. 10. Pavilion/Shade Structure Size: 20' x 20'. Shade structure shall have shade cloth attached to west or north end of structure to ensure protection from the sun. (Pavilion should be similar to that of San Pablo Community Garden located at the corner of San Pablo and San Nicholas Ave.). Style, material, and color to be approved by the City. 1 1. Construction material for garden plots shall be made from recycled plastic lumber material with pressure treated 4' x 4' lumber at each corner and every 3'. Each bed to have a 2" x 6" recycled plastic lumber material cap around the top of each bed. 12. Install6' �vrought iron fence (consistent with existing) at the far west end of the garden running north to south (adjacent to existing pump and other equipment). The actual placement of fence shall be approved by the City prior to installation. 13. Contractor to supply all labor, materials, incidentals, etc. that are required to complete the project. If there are questions related to the project, plans, etc. contractor shall consult with the City prior to proceeding. 14. Bid Proposals should have the following cost breakdown: (1) Irrigation Costs, (2) bed construction, soil cover, and stabilization, and (3) all other comp�nents. 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