HomeMy WebLinkAboutC28350 - JD Landscaping - Rplcmnt of the Joe Mann Park Dog Park Fence - Mtg of 01/08/09 Contract No. C28350
CITY OF PALM DESERT
DEVELOPMENT SERVICES
STAFF REPORT
REQUEST: Award Contract for the Replacement of the Joe Mann Park Dog
Park Fence
SUBMITTED BY: Jay Niemczak, Parks Facilities Manager
CONTRACTOR: JD Landscaping
81-294 Poppy Street
Indio, CA 92201
DATE: January 8, 2008
CONTENTS: 1. Specifications
2. Contract Services Agreement
Recommendation:
By Minute Motion:
1. Award the Joe Mann Dog Park fence replacement contract to JD
Landscaping in an amount not to exceed $34,670.00.
2. Waive the requirement of a bidders bond.
Discussion:
On November 5, 2008, Staff published an Invitation to Bid to replace the chain link
fence at the Joe Mann Dog Park. The current fence has outlived its useful life, and is in
need of repair quite often. The replacement fence will be a more durable and more
attractive iron fence matching the iron fence that surrounds the playground.
On November 17, 2008, proposals based on the required specifications for the
replacement fence were received with the following results:
JD Landscaping (Indio, CA) $34,670.00
Landmark Fence Inc. (Montclair, CA) $49,288.95
JM Justus Fence Co. (Temecula, CA) $53,993.70
Lightning Fence Co. (Poway, CA) $59.670.00
George's Ironworks (North Palm Springs) $68,000.00
Quality Fence co. Inc. (Paramount) $68,017.00
Staff Report
Joe Mann Dog Park Fence Replacement
December 11, 2008
Page 2 of 3
Fence Corp. Inc. (Riverside, CA) $68,745.00
Econo Fence Inc. (Riverside, CA) $69,147.00
Simon Contracting (Indio, CA) $75,946.00
Zeus Construction (Palm Desert, CA) $79,875.00
Desertscape Welding Inc. (Palm Springs, CA) $81,000.00
International Pavement Solutions Inc. (San Bernardino, CA) $89,500.00
JPC Fence Co. (Poway, CA) $92,000.00
Palm Springs Welding Inc. (Palm Springs, CA) $267,095.00
Staff recommends that JD Landscaping be awarded the dog park fence replacement
project at Joe Mann Park. Funds are available for this project in Park Funds. 233-4618-
454-4001 ($25,000.00), and 233-4674-454-4001 ($9,670.00). Staff has successfully
worked with JD Landscaping in the past. They have completed projects in a timely
manner with high degree of quality, therefore Staff recommends that the required bid
bond be waived for this project.
Submitted By: Department Head:
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Niemczak J nis Steele
arks Facilities Manager arks and Recreation Services Manager
Approval:
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CITY OF PALM DESERT
� � PARKS & RECREATION DEPARTMENT
JOE MANN PARK INFORMAL REQUEST FOR BID
The City of Paim Desert Parks & Recreation Department is accepting bids for Removal of T65 linear feet of
existinq chain link fence and Fabrication and installation of approx 765 linear feet of Wrous�ht Iron
Fence at Joe Mann Dog Park. Charges not indicated in the bid proposal will not be allowed over and
above the prices quoted, unless discussed with the Parks Facilities Manager. The right is reserved to
accept or reject quotations on each item, separately or as a whole. State sales tax, discounts,
shipping/handling, freight and installation should be shown separately. In addition, please provide estimate
date of delivery and warranties. Contractor wlll be responsible for all damages incurred to signs,
benches, fencing, drinking fountains, irrigation lines and systems, and all other items current/y present
at the park
Please examine the following specifications and bid requirements in the following tables:
Re uirements
Bid due date: 11-19-08 by end of business day
Submit quote by fax or e-mail to: Jose Torres— Parks& Recreation Department
Specifications: Joe Mann Dog Park—Remove 765 linear feet of existing chain link fence and Fabricate
and install approx. 765 linear feet of wrought iron fence,all fence will be 6' high ,and an exterior barrier
primer and acrylic paint finish to match color of existing fence by playground and front of the park.
1.All work will be perFormed by experienced skillful craftsmen to assure finish work first class quality and
durabifity.
2.All work will be subject to approval by the City of Palm Desert,
3. Correct all work, which daes not comply with the intent of the specifications
4. All materials shall be applied evenly with proper film thickness and free of runs,sags,skips and other defects.
Enamel shall be sanded lightly between coats,dusted and clean before re-coating.
It$m No. Description Qty. Unit Price Total
Removal of approx. 765 linear feet of existing 765'
chain link fence.
Fabricate and Install approx. 765 linear feet
of fence with height of 6'- regular fence frame
with 2"x2" retaining posts 120 ga., 2"x 1 '/2"
top and bottom rails, top 4 feet of the fence 765'
g/." vertical bars 4" apart and 2 feet of the
bottom of the fence '/4" vertical bars 2"
a art. see attached icture)
Design to match existing fence@ park's
la round.
All posts set 2' in concrete
Primer and Paint 765 linear feet of wrought
iron fence to match color of Playground 765'
fence.
Install gates to match the existing ones with
option to chan e location of some gates.
Shipping/HandlinglFreight
California Sales Tax�7.75%
Discounts
installation
Other Charges (Describe)
Total
Warranties (if applicable)
Estimated Date of Delivery
Contact Information:
Jose Torres Park Inspector
73-510 Fred Waring Drive
Palm Desert, CA 92260
Tel: (760) 346-0611 Ext. xxx
Fax: (760) 568-0268 (direct)
E-mail:jtorres�ci.palm-desert.ca.us
CONTRACT NO.c28350
CONTRACT SERVICES AGREEMENT
CONTRACT NO.
Joe Mann Dog Park Fence Replacement (77-810 California Drive, Palm Desert,
California)
THIS CONTRACT SERVICES AGREEMENT (herein "Agreement") is made and
entered into this 8 day of January, 2009, by and between the CITY OF PALM
DESERT, a municipal corporation (herein"City") and JD Landscaping (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 set forth in the
"Specifications" attached and incorporated herein by reference. Contractor warrants that
all work and services set forth in the Specifications will be performed in a competent,
professional, and satisfactory manner.
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 specifications in accordance to the Contract Documents
and will complete said work within 45 days from the Notice to Proceed date to the
satisfaction of the City's Representative.
2.0 COMPENSATION
2.1 Contract Sum. For the services rendered pursuant to this Agreement, Contractor
shall be compensated in accordance with "Section 9" of this contract and incorporated
herein by this reference, but not exceeding the maximum contract amount of Dollars
($34,670.00).
2.2 Method of Payment. Provided that Contractor is not in default under the terms of this
Agreement, Contractor shall be paid $34.670.00.
3.0 COORDINATION OF WORK
3.1 Representative of Contractor Joe Diaz is hereby designated as being the principal
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CONTRACT NO. c2835o
and services specified herein and make all decisions in connection therewith.
3.2 Contract Officer, Janis Steele, 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 ("Contract Officer"). The City Manager of
City shall have the right to designate another Contract Officer by providing written notice
to Contractor.
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 the 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 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 an occurrence basis with a combined single limit of at least
$1,000,000 per occurrence, and $2,000,000 general aggregate, for bodily injury and
property damage including coverages for contractual liability, personal injury,
independent contractors, broadform property damage, products and completed
operations. 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 equivalent language.
(b) Workers' Compensation Insurance. A policy of workers' 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
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
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CONTRACT NO. c28350
exposure, as may be required in the Special Requirements.
All of the above policies of insurance shall be primary and non-contributing insurance.
The Commercial General Liability insurance policy shall add 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 thi�section to the City.
No work or services under this Agreement shall commence until the Contractor has
provided the City with Certificates of Insurance and Additional Insured Endorsements
that are approved by the City.
In the event the Contractor subcontracts any portion of the work, 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.
5.0 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;
(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
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CONTRACT NO. �28350
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.
6.0 TERM
6.1 Term. Unless earlier terminated in accordance with Section 5.2 below, this
Agreement shall continue in full force until the completion of work.
6.2 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 Contract
Officer. 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.
7.0 MISCELLANEOUS
7.1 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.
7.2 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.
7.3 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
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
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CONTRACT NO. c2835o
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.
7.4 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.
7.5 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.
7.6 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.
7.7 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.
7.8 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.
7.9 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.
7.10 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
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CONTRACT NO. c2835o
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.
8.0 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 Engineer to issue further detail drawings,
explanations and instructions that are customarily given by an Engineer during the
course of similar work. 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 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.
9.0 CHANGES IN WORK & CHANGES IN CONTRACT PRICE
9.1 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 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 Contract officer or 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 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.
9.2 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 Price shall be determined by one or more of the following methods in the order
of precedence listed below:
a. Unit prices previously approved.
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CONTRACT N0.C28350
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 an
added 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.
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.
• r - - • � � • • �
Replace fencing at Joe Mann Dog $34.670.00
01 Park
TOTAL BID PRICE BASE BID $34,670.00
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: $ 34,670.00
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CONTRACT NO. c28350
IN WITNESS WHERE OF, the parties have executed and entered into this Agreement
as of the date first written above.
CITY:
CITY OF PALM DESERT,
a municipal corporation:
Robert A. Spiegel, Mayor
Justin McCarthy, Interim City Manager
ATTEST:
Rachelle D. Klassen ,CMC, City Clerk
APPROVED AS TO FORM:
Dave Erwin, City Attorney
CONTRACTOR:
By: (Signature)
Printed Name: (Printed Name)
Note: Signature must be notarized.
Name:
Title:
Address:
CONTRACT ATTACHMENTS:
SPECIFICATIONS
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