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Home My WebLink AboutAwrd - R29420C DWGR Banquet Furniture CITY OF PALM DESERT / PALM DESERT REDEVELOPMENT AGENCY STAFF REPORT REQUEST: AWARD CONTRACT NO. R29420C TO RW SMITH & CO. IN THE AMOUNT NOT TO EXCEED $48,038.37 FOR THE DESERT WILLOW BANQUET FURNITURE SUBMITTED BY: Heather Buck, Project Coordinator Martin Alvarez, Redevelopment Manager CONTRACTOR: RW Smith & Co. 8555 Miralani Drive San Diego, CA 92126 DATE: November 18, 2010 CONTENTS: Agreement Recommendation By Minute Motion: 1. Waive minor bid irregularity for RW Smith & Co. for not affecting the bid process; 2. Award Contract No. R29420C to RW Smith & Co. in the amount not to exceed $48,038.37 for the banquet furniture at Desert Willow Golf Resort; and 3. Authorize the Mayor to execute an Agreement. Funds are available in Desert Willow Golf Course Maintenance Fund, Account No. 241-4195-495-8092. Backqround As part of the 2010/11 Desert Willow Budget, funds were allocated for the purchase of banquet service equipment for the Desert Willow Lakeview Terrace interior expansion. Banquet chairs will be bid out separately. These items cannot be purchased with Redevelopment Agency funds. On October 23 and 28, 2010, Agency staff published a notice in The Desert Sun requesting sealed bids for banquet furniture including tables, coffee urns, chafing dishes, and a dance floor. Bids were opened on November 5, 2010. Three bid(s) were received with the results listed below: Staff Report Award Contact No. R29420C for the Banquet Furniture at Desert Willow November 18, 2010 Page 2 of 2 Com an Location Bid Responsive? William Peterson & Associates Salt Lake Cit , Utah $39,987.56 No RW Smith & Co. San Die o, CA $48,038.37 No Office Desi n Grou Irvine, CA $64,432.53 Yes William Peterson & Associates is the low bidder; however, William Peterson & Associates did not obtain approval of proposed alternate bid items prior to bidding. Staff reviewed the proposed alternates with Kemper Sports, and determined that the alternates are not equal. The proposed products consume much more storage space than the specified products. RW Smith & Co. is the second lowest bidder; however, RW Smith & Co. did not acknowledge receipt of the addendum with their bid. Staff has subsequently confirmed with RW Smith & Co. that they do acknowledge the addendum and that this does not alter the bid that they submitted. Staff consulted with the City Attorney on this matter and he does not have a legal objection to waive this bid irregularity. Staff recommends that the City Council waive the bid irregularity, and approve a contract with RW Smith & Co. for the banquet furniture. Procurement of this equipment is scheduled to occur in December, just before completion of the kitchen/building expansion, so that the start-up may be complete by the end of December. Fiscal Analvsis Funds have been budgeted and are available in the City's Golf Course Maintenance Fund 241 to fund the procurement of non-fixed furniture, fixtures, and equipment necessary to operate the expanded building. Staff recommends approval. Submitted By: �C�.J �Z�G�iGCi Heather Buck, Project Coordinator Ma " Alvarez, Redevelopment Manager CITY C UNCILA�TION Department Hea � APPROVED DFNiED • 1 RECENED OTHER sti McCart , ACM developmentMEETI G DAT -f ��5�-- AYES: � 'i"�',!� i � �YJ�' � � /��l' � NOES: ��' ` Pa S. Gi n, ire of Finance ABSENT; _I��1�- � AI3STAIN: � ' Appr I: VCRIF[ED BY: �� j G� �- Original on File with Ci lerk's Office �� Joh . Wohlmuth, Executive Director/City Manager )y�� '�'�C � gY Rp�► �'�- �..,s._ �� - -��1�� G:\rda\HeatherBuck\DesertWillow\LakeviewTerrace\StaffReport\DWLVT-AwardofContrectR29420C.doc a��F��pgY��`� /�l �.r ] (�riginai or file witF� �ity �'ierk`s (�ffiy� Contract No. R29420C SECTION 00500 . AGREEMENT THIS AGREEMENT is made and entered into this 18th day of November, 2010, by and between City of Palm Desert, California, hereafter called "OWNER," and RW Smith & Co. hereinafter called "CONTRACTOR." WITNESSETH RECITALS: CONTRACTOR has submitted to OWNER its CONTRACTOR's Proposal for the construction of OWNER's Project, 1. Desert Willow Golf Resort — Banquet Furniture Proiect, Contract No. R29420C in strict accordance with the Contract Documents identified below and OWNER has accepted said Proposal, inclusive of the base bid plus the following alternates: none 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 Notice Inviting Sealed Bids �Section 00200]; (b) The Instructions to Bidders �Section 00300]; (c) Bid Schedule �Section 00410]; (d) The Agreement [Section 00500]; (e) Addenda Nos. 1 ; (fl The Determination of Prevailing Wage Rates for Public Work; (g) Any Change Orders issued; (h) 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. Issuance of Notice to Proceed will signify Contractor's directive to proceed with procurement only of all contract items. Delivery and installation will be scheduled to coincide with substantial completion of the current Kitchen / Building Expansion project, currently slated to complete on or around December 1, 1010. Contractor will be given a minimum of 2 week notice for a final scheduled Contract No. R29420C installation start date. All delivery and installations will be required to be completed within seven (7) workinq_ days of notice to install. Contractor must be prepared to store any procured equipment/materials offsite prior to date of installation and delivery. Time for commencement and completion of the work is critical, and is the essence of the Contract. 3. That the CONTRACTOR agrees to indemnify, defend, and hold harmless the OWNER, and its officers, and employees, the ARCHITECT, Owner's Representative from any and all claims and losses accruing or resulting to any and all contractors, subcontractors, material men, 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. 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 and costs 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 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. 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." Contract No. R29420C 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" (Signature to be notarized) By: By: Mayor Title Attest: Attest: City Clerk Approved as to Form: Title City Attorney ***END THIS SECTION***