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Home My WebLink AboutAwrd - R29450D - DW Kitchen Equpmnt CITY OF PALM DESERT / PALM DESERT REDEVELOPMENT AGENCY STAFF REPORT REQUEST: AWARD CONTRACT NO. R29450D TO KAMRAN AND COMPANY, INC. IN THE AMOUNT NOT TO EXCEED $169,899.71 FOR THE DESERT WILLOW KITCHEN EQUIPMENT PROJECT SUBMITTED BY: Heather Buck, Project Coordinator Martin Alvarez, Redevelopment Manager CONTRACTOR: Kamran and Company, Inc. 411 East Montecito Street Santa Barbara, CA 93101 DATE: November 18, 2010 CONTENTS: Agreement Recommendation By Minute Motion: 1. Award Contract No. R29450D to Kamran and Company, Inc. in the amount not to exceed $169,899.71 for the kitchen equipment at Desert Willow Golf Resort; 2. Authorize the Mayor to execute an Agreement; and 3. Appropriate $231,000 for non-fixed furniture, fixtures, and equipment associated with the Kitchen/Building Expansion to Desert Willow Golf Course Maintenance Fund 241 (Account No. 241-4195-495-8092) from Unobligated Golf Maintenance Fund 241. Backqround On July 27, 2010, the City Council authorized the use of an amount not to exceed $231,000, including 10 percent contingency, for non-fixed furniture, fixtures, and equipment associated with the kitchen/building expansion; however these funds were not appropriated at that time. Bar furniture will be bid out separately. These non-fixed operational products and equipment cannot be purchased with Redevelopment Agency funds. Staff Report Award Contact No. R29450D for the Kitchen Equipment at Desert Willow November 18, 2010 Page 2 of 2 On September 11 and 16, 2010, Agency staff published a notice in The Desert Sun requesting sealed bids for miscellaneous kitchen utensils, storage containers, pots, pans, banquet carts, shelving, and appliances. Bids were opened on September 30, 2010. One bid was received from Kamran and Company, Inc. of Santa Barbara, California. Kamran and Company, Inc. did not provide pricing for several products listed on the bid form; therefore, on October 14, 2010, the City Council rejected all bids and authorized staff to negotiate with the sole bidder for the full scope of work. Procurement of this equipment is scheduled to occur just before completion of the kitchen/building expansion so that installation and start-up may be complete by the end of December. Fiscal Analvsis Funds are available in the Unobligated Golf 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: :� � � Heather Buck, Project Coordinator �rtin Alvarez, Re evelopment Manager CITY COUNCILA�ON Department Head: APPROVED DFNiF.D RECEIVED OTHER MEFTI}��G DAT l - - C�IC� us in McCart AC r edevelopment AYF,S:��'� C) he - , �. Nors: �,�s� AI�SF.,PdT: l rl� ��, AIiSTAIN: � ' � �-'� V[;RIFIF;D QY: ��- � '� Paul S. G' on, irector of Finance ��,.i�ina! on File with City crk's Office ApprovaL �� i'�2'� �--� `�rt��-�cY� �r�� ` s��r. �� caN.� � �- / ��`/�� J M. Wohlmuth, City Manager/Executive Director �� VE�ii�=1ED BY -- �� 2 C�ric�in�! on fi1� �vith Ci�y �I�rk's Offic� � G:\rda\Heather Buck\Desert Willow\Kitchen Renovation\Staff Report\DWK Equip-Award of Contrect R29450D.doc . Contract No. R29450D 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 Kamran and Companv, Inc. 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 - Kitchen Eauipment Proiect, Contract No. R29450D 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 Nofice Inviting Sealed Bids �Section 00200]; (b) The lnstructions to Bidders �Section 00300J; (c) Bid �Section 00400]; (d) Bid Schedu/e [Section 00410]; (e) The Bid Guaranty Bond (Section 00420]; (� Designation of Subcontractors �Section 00430J; (g) Non-Collusion Affidavit(Section 00450; (h) Certification of Bidder and Qualifications fSection 00470]; (i) The Agreement(Section 00500J; Q) Liability and Insurance Requirements �Secfion 00600]; (k) Special lnsurance Endorsement (Section 00610]; (I) The P/ans; (m) Addenda Nos, none ; (s) The Determination of Prevailing Wage Rates for Public Work; (n) Any Change Orders issued; (o) Any additional or supplemental specifications, notices, instructions and drawings issued in accordance with the provisions of the Contract Documents. Al/ of said Documents presenf/y 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 five (5) calendar days after the date of the Notice to Proceed and will do all things necessary to construct the work generally described in Recital No. 1 in accordance with the Contract Documents. Issuance of Notice to Proceed will signify Contractor's directive to proceed with procurement only of all contract items. Delivery and/or installation will be scheduled to coincide with substantial completion of the current Kitchen Building Expansion project, currently slated to complete on or around December 01, 2010. Contractor will be given a minimum of 2 Contract No. R29450D week notice for a final scheduled installation start date. All delivery and/or installations will be required to be completed within seven (7) workinp days of notice to install. Contractor must be prepared to store any procured equipment/materials offsite prior to date of installation or delivery. Time for commencement and completion of the work is critical, and is of the essence to 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. R29450D 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*�`*