HomeMy WebLinkAboutC27780 - Re-Naturalization of The Existing Shirley RoadContract No. C27780
CITY OF PALM DESERT
DEVELOPMENT SERVICES DEPARTMENT
STAFF REPORT
REQUEST: Award Shirley Road Re -Naturalization project to Natina Desert
Varnish Solutions
SUBMITTED BY: Jay Niemczak, Parks Facilities Manager
CONTRACTOR: Natina Desert Varnish Solutions
88-200 Avenue 58
Thermal, CA 92274
DATE: June 12, 2008
CONTENTS: 1. Proposal
2. Agreement
Recommendation:
By Minute Motion:
Award the Shirley Road Re -Naturalization contract in the amount of
$57,024.00, to Natina Desert Varnish Solutions, Coachella, California, for the
re -naturalization of the existing Shirley Road. Funds are available in Account
Nos. 610-0000-228-4600 and 233-4636-454.40-01.
Discussion:
Shirley Road is located on the east side of Highway 74 at the southern boundary of the
City. The road exists from a proposed development that was never built prior to City
incorporation. The road is closed to use of any motorized vehicle, but a portion of the
road is used in connection with the Randall Henderson Hiking Trail. When the Canyons
at Bighorn was approved, the developer was required to contribute $10,000 (Acct. No.
610-0000-228-4600) for the re -naturalization of Shirley Road. This was identified at that
time as minor grading and the application of permeon to re -naturalize the area. The
City Council also allocated approximately $150,000 (Acct. No. 233-4636-454.40-01)
towards trail re -naturalization in fiscal year 2007/2008.
On May 7, 2008, Staff advertised and requested bids for the re -naturalization of Shirley
Road located south of the Santa Rosa Monument National Visitor Center located on the
Staff Report
Award Shirley Road Re -Naturalization
June 12, 2008
Page 2 of 2
east side of Highway 74. On Friday, May 23, 2008, sealed bids were opened with the
following results:
Natina Desert Varnish Solutions, Coachella, California
Soil -Tech, Las Vegas, Nevada
$57,024.00
$76,032.00
Staff has reviewed the bids and found Natina Desert Varnish Solutions to be the lowest
responsible bidder. Funds are available in Account Nos. 610-0000-228-4600
($10,000.00) and 233-4636-454.40-01($47,024.00).
Submitted By:
Niemczak
arks Facilities Manager
Approv,
Homer Croy
ACM for De pment Services
Carlos L. Orteg
City Manager
Director of Finance
Department Head:
is Steele
ks and Recreation Services Manager
CITY COUNCIL AgTIoN:
APPROVED �/ DENIED
RECEIVED OTHER
MEETING DATE . /a .COY
AYES: ,Kf'Ik,, p /,01toL /i3Gii
NOES:
ABSENT: a/u6M
ABSTAIN:
VERIFIED BY: `i) "112
Original on File wits- City Clerk's Office
G:IDevServicesUay Niemczak\Re-Natural nation\STAFF REPORT SHIRLEY ROAD.doc
CONTlRACTOR'S PROPOSAL. FOR:
RE-NATURALIZATION CONTRACT#-----c27780
TO: CITY CLERK �
City of Palm Desert
73510 FRED WARING DRIVE
PALM DESERT, CA 92260
The undersigned dec(ares that they have carefully examined the Specifications
accompanying the Invitation to Bid and is thoroughly familiar with the contents thereof,
is authorized to represent the bidding firm and propose services ta Palm Desert.
ITEM DESCRIPTtON PRICE/S�1. FT. PRICE
1. Re-Naturalization of indicated trail using $
Permeon or approved equal, for approximately ,►� � ,
237,600 s uare feet. v' ��/C�� /�
TOTAL $ �. � a "* "�
CONTRACTOR'S PROPOSAL
TOTAL AMOUNT BASE BID IN FIGURES $_ ) ,Tl' C,���C��
TOTAL AMOUNT BASE BID IN WORDS �
��_ a���i��►:
The costs of any work shown or requfred in the Plans and Specifications, but not
specifically identified as a Pay Item are included in the Pay Items, and na additional
compensation shall be due Contractor by virtue of ConNactor's compliance with the
Plans a Specifications.
� r ��C;��
COMPANY
C. . �� ���� --�- ,
ADDRESS
c`��1 ,�11�� f-f�C.�j r ���i�_�,/5���
TELEPHONE FAX
r��.� ��. � �
ID PREP D BY� TITLE
' _„�_____ ���?
�� � �
SIGNATURE DA
Page 10 of 20
TEC�HNICAI� Ag�LITY AND �XPER6ENCE
The bidder is required to state ali work of a similar character to that included in the
proposed contract that he has performed in the last three years. Provide references with
an address, contact person and phone number.
Contract Type of Date Name, Address & Telephone
Amount Work Com leted No. of Contact
1 �� ������ ���' C?� :-�• � ,L� .
��-- �,�
c�f � +r.�ac�a ' • t'r �
2 ,� (�C'� � � �' ,, � �,�
� .
,1�''r t , .,• �
! '
3 � 1�.�,� � �' �'C��'c���� _�
� ' � � �� T —
� .,
GENERAL TERMS AND CONDtTtONS
�USINESS TAX
The City's Business Tax Ordinance requires that a Business Tax Receipt be obtained
before any business or trade is conducted within the City. City will obtain verification
that the bidder has a valid City of Palm Desert Business Tax Receipt prior to the
execution of the contract.
CONTRACT REQUIREMENT
The bidder to whom the award is made shall execute a written agreement with the City
within ten (10) calendar days after notice of the award has besn sent by mail to it at the
address given in this proposal. The agreement shall be made in the form adopted by the
City and incorporated in the specifications.
FAILURE TO ACCEPT CONTRACT
If the bidder to whom fhe award is made fails to enter into the contract, the award wi(i be
annulled, and an award may be made to the next lowest responsible bidder, and that
bidder shall fulfill every stipulation as if it were the pa�ty to whom the first award was
made.
Page 11 of 20
��.1�1I1� �I"OC��.YC�S9 �.�..��
157% First Street
Coachella, CA 92236
Phone (760) 399-4509 Fax (760) 398-72b5
DATE: March 13, 2008
T'O: City of Palm Desert
FROM: Brian Hardin,Natina Products, LLC
SUBJECT: Proposals A& B
Proiect name and location: Shirley Road Enhancement/Hwy 74 Palm Desert, CA
Proposal request(A)from Hwy 74 to wovden gate, a distance of 3,0161inear feet, nearly
midway of the entire road. Square foot measurements were generated from 3001inear
foot increments and an average of 15 to 20 foot wide cuts and 20 to 30 foot wide fills
from top of the cut side to toe of slope on the lower excluding the road surface itself.
Only excavated hillsides and slopes that are cleazly visible were measured:
1 NatinaT"'application to approximately 125,100 SQ. FT. for re-naturalizing of cut
and fills slopes @ $0.24 per square foot.
30 024
Proposal request(B)from wooden gate to the end of the cut road at base of hill (Big Horn
sheep sign)distance of 4,000 lineaz feet. Square foot measurements were generated from
3001inear foot increments and an average of l 5 to 20 foot wide cuts and 20 to 30 foot
wide fills from top of the cut side to toe of slope on the lower excluding the road surface
itself. Only excavated hillsides and slopes that are clearly visible were measured:
2 Natina''`"�application to approximately 112,500 SQ.FT. for re-naturalizing cut and
fill slopes of road @$0.24 per square foot.
2? 000
TOTAL JOB COST FOR PROPOSAL{A) &(B�_ $57,024.00
Please feel free to call and discuss any part of this proposal. We would like to make
certain we have completed all area calculations and scope correctly. If this proposal is
acceptable we would be happy to send a conhact at your convenience.
Thank you.
��FIDAwV�T �F I�OI�aCOE��.USION f31r Cf?N�'RACT�R
CONTRACT NO. -----c27780
RE-NA'TURALIZATION CONTRACT
STATE OF CALIFORNIA)
)SS
COUNTY OF RIVERSIDE)
6'�C� �Gl�`�L`�a�"� being first duly swom, deposes and says: that
he is ��`C-S�G�T'i� of lt/GI.Ti rit� �OGI�'�{���� (��.,�✓'
(insert"Sole AGENCY"."Parfier",or other proper tide) (insert name of bidder ar other proper tiGe)
who submits herewith to the City of Palm Desert, a Proposal;
That �II statements of fact in such Proposal are tnae; That such Proposal was not made
in the interest of or on behalf of any undisclosed person, partnership, company,
association or corporation; That such Proposal is genuine and not callusive or sham;
That such bidder has not, directly or indirectly, by agreement, communication or
conference with anyone attempted to induce action prejudicial to the interest of the City
of Palm Desert, or of any other bidder of anyone else interested in the proposed
contracts; and further,
That prior to the public opening and reading of Proposal, said bidder:
(a) Did not, directly or indirectly, induce or solicit anyone else to submit a
false or sham Proposal.
(b) Did not, directly or indirec�y, collude, conspire, connive or agree with
anyone else that said bidder or anyone else would submit a false or
sham Proposal, or that anyone should refrain from bidding or withdraw
their Proposal.
(c) Did not, in any manner, directly or indirecUy, seek by agreements,
communications, or conference with anyane to raise or fix any
ove�head, profit, or cost element of this Proposal price, or that of
anyone else.
(d) Did not, directly or indirectly, submit their Proposal price or any
breakdown thereof, or the contents thereof, or divulge information or
data relative thereto, to any corporation, partnership, company,
association, organization, bid depository, or to any member or agent
thereof, or to any individual or group of individuals, except to the City of
Palm Desert or to any person or persons who have a partnership of
other financial interest with said bidder in his business.
Page 8 of 20
(e) That no councilp�rsorr, officer, agent or employee of the City of na{m
Desert is personally interested, directly or indirectly, in this contract, or
the compensation, oral or in writing, of the City Council its officers,
agents or employees, has induced them to enter into this Contract,
excepting only those contained in this form of Contract and the papers
made a part hereof by its terms.
Subscribed and swom to before me this day of , 20
By:
Notary Public in and for said
County and State Title:
CONTRACTOR'S PROPOSAL FOLLOWS
State of California
Couary of Riverside
Subscribed and swom to(a ffirmed)beforo me on �20��
this �Y� — ,,, LYND8AY YYELT�Y�
b � � COMM.�1790898
y NOTARY PUBLIC�CALIFORNW�
x9e or proved to me on the bas�s af satisfectory evidence to be the �
pe�soo(s)who appeared before me C�om►r�on E�e$CA RC�,2012
c sea�) Signawre
Page 9 of 20
Contract No. C27780
AGREEMENT
THIS AGREEMENT is made and entered into the City of Palm Desert on this 12 day of
June 2008, by and between THE CITY OF PALM DESERT, a municipal corporation,
hereinafter referred to as "CITY", and Natina Desert Varnish Solutions, hereinafter
referred to as "CONTRACTOR".
WITNESSETH:
WHEREAS, on May 13, 2008, the CITY invited bids for re-naturalization services for
properties per specifications; and
WHEREAS, pursuant to said invitation, CONTRACTOR submitted a proposal, which
was accepted by CITY for said services.
NOW, THEREFORE, in consideration of their mutual promises, obligations, and
covenants hereinafter contained, the parties hereto agree as follows:
CITY'S OBLIGATIONS. For furnishing services, as specified in this
Agreement, CITY will pay and CONTRACTOR shall receive in full
compensation, therefore the total sum of fifty seven thousand finrenty four
dollars as set forth in the Contract Documents and adopted by the CITY.
CONTRACTOR'S OBLIGATION For, and in consideration of the payments
and agreements hereinbefore mentioned to be made and performed by CITY,
CONTRACTOR agrees with CITY to furnish the services and to do everything
required by this Agreement and the Specific Terms and Conditions.
HOLD HARMLESS AND INDEMNIFICATION. CONTRACTOR agrees to
defend, indemnify, and hold harmless The City of Palm Desert, its officials,
officers, employees, representatives, and agents from and against all claims
lawsuits, liabilities or damages of whatsoever nature arising out of our
connection with, or relating in any manner to, any act or omission of
CONTRACTOR, his agents, employees, and subcontractors and employees
thereof in connection with, the performance or non-performance of this
Agreement. The CONTRACTOR shall thoroughly investigate any and alf
claims and indemnify the CITY and do whatever is necessary to protect the
City of Palm Desert, its official, officers, employees, agents, and
representatives as to any such claims, lawsuits, liabilities or damages.
AMENDMENTS. Any amendment, modification, or variation from the terms of
this Agreement shall be in writing, signed by the CONTRACTOR and
approved by the City Council of the CITY.
Page 17 of 20
Contract no. C27780
TERMINATION. If, during the term of this Agreement, CITY determines that
CONTRACTOR is not faithfully abiding by any term or condition contained
herein, CITY may notify CONTRACTOR in writing of such defect or failure to
perform; which notice must give CONTRACTOR a three-day notice of time
thereafter in which to perform said work or cure the deficiency. If
CONTRACTOR fails to perform said work or cure the deficiency within the
three (3) days specified in the notice, such shall constitute a breach of this
Agreement and CITY may terminate this Agreement immediately by written
notice to CONTRACTOR to said effect. Thereafter, except as otherwise set
forth herein, neither party shall have any further duties, obligations,
responsibilities, or rights under this Agreement except, however, any and all
obligation of CONTRACTOR's surety shall remain in full force and effect, and
shall not be extinguished, reduced, or in any manner waived by the
termination hereof. In said event, CONTRACTOR shall be entitled to the
reasonable value of its services performed from the beginning of the period in
which the breach occurs up to the day it received CITY's Notice of
Termination, minus any offset from such payment representing the CITY's
damages from such breach. CITY reserves the right to delay any such
payment until completion of confirmed abandonment of the project, as may be
determined in the CITY's sole discretion, so as to permit a full and complete
accounting of costs. In no event, however, shall CONTRACTOR be entitled to
receive in excess of the compensation quoted in its bid.
The City Council may terminate the contract with 30 days written notice for
any reason.
INCORPORATED BY REFERENCE. The Notice Inviting Bids; Bid Terms and
Conditions; General Terms and Conditions; Specific Terms and Conditions;
Bid Submission Form(s), Addendum Nos.O; Change Orders; additional or
supplemental specifications, drawings, maps or diagrams; and CITY issued
forms relating to this project, are hereby incorporated in and made a part of
this Agreement.
COMPLETE AGREEMENT. This written Agreement, including all writings
specifically incorporated herein by this reference, shall constitute the
complete agreement between the parties hereto. No oral agreement,
understanding, or representation not reduced to writing and specifically
incorporated herein shall be of any force or effect, nor shall any such oral
agreement, understanding, or representation be binding upon the parties
hereto.
ANTI-DISCRIMINATION. In the performance of the terms of this Agreement,
CONTRACTOR agrees that it will not engage in, nor permit such
subcontractors as it may employ, to engage in discrimination in employment
of any person because of the age, race, color, sex, national origin or ancestry,
Page 18 of 20
Contract No. C27780
or religion of such persons. Violation of this provision may result in the
imposition of penalties referred to in Labor Code Section 1735.
AUDIT. CITY shall have the option of inspecting and/or auditing all records
and other written material used by CONTRACTOR in preparing its statements
to CITY as a condition precedent to any payment to CONTRACTOR.
NOTICE. All written notices to the parties hereto shall be sent by United
States mail, postage prepaid by registered or certified mail, return receipt
requested, addressed as follows:
Office of the City Clerk
CITY OF PALM DESERT
73-510 Fred Waring Drive
Palm Desert, CA 92260
LITIGATION COSTS. In the event an action is filed by either party to enforce
any rights or obligations under this Agreement, the prevailing party shall be
entitled to recover reasonable attorney's fees and court costs, in addition to
any other relief granted by the court.
AUTHORITY TO EXECUTE AGREEMENT. Both CITY and CONTRACTOR
do warrant that each individual executing this Agreement on behalf of each
party is a person duly authorized.
THIS SECTION PURPOSELY LEFT BLANK
SIGNATURES FOLLOW ON NEXT PAGE
Page 19 of 20
Contract No. C27780
IN WITNESS WHEREOF, the parties hereto have caused this instrument to be
executed the day and year first hereinabove written.
CITY OF PALM DESERT
A Municipal Corporation CONTRACTOR
JEAN BENSON, MAYOR TO BE NOTARIZED
CITY OF PALM DESERT, CALIFORNIA
ATTEST: APPROVED AS TO CONTENT:
RACHELLE D. KLASSEN, CITY CLERK JANIS STEELE
CITY OF PALM DESERT, CALIFORNIA PARKS AND RECREATION
SERVICES MANAGER
APPROVED AS TO FORM:
DAVID J. ERWIN, CITY ATTORNEY
Page 20 of 20