HomeMy WebLinkAboutC30970 Parcel A and D Lot Pad Stablization at Desert Willows,...p... k'D
CITY OF PALM DESERT
STAFF REPORT
REQUEST: AUTHORIZE AWARD OF CONTRACT NO. C30970 TO DOUG WALL
CONSTRUCTION, INC. FOR PARCEL A AND PARCEL D LOT PAD
STABILIZATION AT DESERT WILLOW
SUBMITTED BY: Heather Buck, Project Coordinator
CONTRACTOR: Doug Wall Construction, Inc.
78-450 Avenue 41
Bermuda Dunes, CA 92203
DATE: July 14, 2011
CONTENTS: Contract No. C30970
Map
Recommendation
By Minute Motion, that the City Council:
1. Authorize the award of Contract No. C30970 in the amount of $24,928.00
to Doug Wall Construction, Inc. for the stabilization of vacant Lot Pads A
and D at Desert Willow;
2. Authorize the Finance Director to set aside the amount of $2,492.80 as 10
percent contingency (use of contingency requires additional action); and
3. Appropriate $27,420.80 to Account No. 451-4663-454-4001 from the
Unobligated Capital Project Properties City/RDA Fund.
Discussion
The City owns several vacant parcels adjacent to the Desert Willow Golf Course and
Resort. Parcel A is directly adjacent to Firecliff Hole No. 10 and the Event Lawn at the
Resort. Parcel D is located between holes 4 and 5 on the Mountain View Course (see
attached map). Small portions of both parcels have not been stabilized and blown sand has
become a problem. It is the City's responsibility to maintain effective dust control measures
until the vacant land is transferred to another entity.
Therefore, staff has worked with the Landscape Department to prepare plans and
specifications to stabilize these two areas with plant material. Staff was able to keep the
cost of this work substantially below the estimated budget because we have been working
with a local nursery to directly purchase thirty (30) trees (separate contract) at a discounted
rate due to minor flaws in the tree and plant materials. The Landscape Department has
reviewed the trees and determined that they are suitable for the purpose of stabilization and
Staff Report
Authorize Award of Contract No. C30970 to Doug Wall — Parcel A & D Lot Pad Stabilization
Page 2 of 2
July 14, 2011
are not located in a prominent location on the course, which would require more stringent
quality control of plant material.
On June 15 and June 20, 2011, the Notice Inviting Bids for the lot pad stabilization project
was published in The Desert Sun.
On June 30, 2011, sealed bids were opened by the City Clerk. Below is a summary for the
bids received.
Company Name
City
Bid
Doug Wall Construction
Bermuda Dunes, CA
$24,928.00
Earth Sculptures, Inc.
Indio, CA
$29,855.00
After review of the bid(s) and the specifications, Doug Wall Construction, Inc., based in
Bermuda Dunes, California, was the lowest responsive bidder.
Staff recommends approval of a contract with Doug Wall Construction, Inc. in the amount of
$24,928.00 to stabilize the vacant lot pads adjacent to the Desert Willow Golf Resort.
Fiscal Analysis
Funds for this work are necessary to properly maintain and dispose of the vacant parcels
and require an appropriation from Unobligated Capital Project Properties City/RDA Fund;
however, the project costs are reimbursable from the Redevelopment Agency Bond Funds.
Staff recommends approval.
Submitted By:
Heather Buck, Project Coordinator Mprfin Alvarez, Redeye opment Manager
Department Head:
McCarthy, AC�I oF-Redevelopment
M. Wohlmuth, City Manager
Paul S. C
CITY C,
APPROVEI1
RECEIVED
on, D r of Finance
L CA TION
� DENIED -
MEETING DATE
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Original on Tile with City Clerk's Office
G1rda\Heather Buck0esert Willow\Lot Pads\Staff Reports\071411ParcelA&Dawardcontract.doc
CONTRACT NO. C30970
SECTION 00100
AGREEMENT
FOR
CITY OF PALM DESERT PARCEL A AND PARCEL D
LOT PAD STABILIZATION
CONTRACT NO. C30970
THIS AGREEMENT is made and entered into this 14th day of July 2011, by and between City of
Palm Desert, California, hereafter called "Owner" and Doug Wall Construction, Inc., hereinafter
called "Contractor".
WITNESSETH
RECITALS:
Contractor has submitted to Owner its Contractor's Proposal for the construction of
Owner's Project,
CITY OF PALM DESERT PARCEL A and PARCEL D LOT PAD STABILIZATION,
CONTRACT NO. C30970, in strict accordance with the Contract Documents identified below,
Owner has accepted said Proposal inclusive of the base bid plus the following alternates: n/a.
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:
Contract Documents: The entire contract consists of the following: (a) Notice Inviting Sealed
Bids [Section 000101; (b) Instruction to Bidders [Section 00020]; (c) Contractor's Proposal
[Section 00030]; (d) Information Required of Bidder [Section 00040]; (e) Subcontractors List
[Section 00050]; (f) Bid Guaranty Bond [Section 00060]; (g) Non -Collusion Affidavit [Section
00070]; (h) Affirmative Action Program [Section 00080]; (i) Certification of Bidder and
Qualifications [Section 00090]; 0) Agreement [Section 00100]; (k) Liability and Insurance
Requirements [Section 00200]; (1) Faithful Performance Bond [Section 00400]; (m) Payment
Bond [Section 00500]; (n) Workers' Compensation Insurance Requirements [Section 00600]; (o)
General Specifications [Division 01]; (p) General Special Provisions [Division 021; (q)
Construction Materials [Division 102];(r) Construction Methods [Division 103]; (s) Construction
Drawings; (t) Addenda Nos. none; (u) The Determination of Prevailing Wage Rates for Publics
Work; (v) Any Change Orders issued; (w) 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.
CONTRACT NO. C30970
2. Contractor shall commence the work within ten (10) 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 and will complete said work within forty-five
(45) calendar days from the date to commence work in the Notice to Proceed subject to the
scheduling requirement of Section 05101.6 Part B to the satisfaction of the Owner's
Representative.
3. Contractor agrees to indemnify, defend and save Owner and its officers, agents and employees
harmless from:
a. Any and all liability, claims, damages, losses or injuries to any person or other entity,
including injury to Contractor's employees, and all claims which arise from or are
connected with the negligent performance of or failure to perform the work or other
obligations of this Agreement, or which are caused or which are claimed to be caused by
the negligent or intentional acts or omissions of Contractor, its subcontractors, its agents
or employees, and, all expenses of investigating and defending against same,
b. Any and all liability, claims, damages, losses or injuries to any and all contractors,
subcontractors, material -men, laborers, or any other person, firm or corporation
furnishing or supplying work, services, materials or supplies in connection with the
performance of the Agreement.
c. Attention is directed to the General Specifications - Claims, Liability, and Indemnity
Agreement/Hold Harmless sections, which specifications are made part of this
Agreement as set forth in Agreement paragraph 1, above.
4. Attention is directed to Section 6-9, "Liquidated Damages of the Standard Specifications and is
hereby amended to substitute the "City of Palm Desert" in place of "City." Liquidated damages
shall be five hundred dollars ($500.00) per calendar day of delay for the first week, increasing
by an additional $500.00 per calendar day every week thereafter to a maximum of $2,000.000.
5. 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.
6. This Agreement shall be binding upon all parties hereto and their respective heirs, executors,
administrators, successors, and assigns.
7. 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.
Satisfactory Performance
The prime Contractor agrees to pay each Subcontractor under this prime contract for
satisfactory performance of its contract no later than ten (10) days from the receipt of each
payment the prime Contractor receives from City of Palm Desert. Any delay or postponement of
payment from the above referenced time frame may occur only for good cause following written
approval of the City of Palm Desert.
CONTRACT NO. C30970
Release of Retention
The prime Contractor agrees further to release retention payments to each Subcontractor within
thirty (30) days after the Subcontractor's work is satisfactorily completed. Any delay or
postponement of payment from the above referenced time frame may occur only for good cause
following written approval of the City of Palm Desert.
8. 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."
THE BALANCE OF THIS PAGE INTENTIONALLY LEFT BLANK
CONTRACT NO. C30970
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.
CONTRACTOR
By. Title:
Signature to be Notarized
State of California }SS
}
County of }
On , 20_, before me, a Notary Public,
Personally appeared who proved to me on the basis of
satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument
and acknowledged to me that he/she/they executed the same in his/her/their authorized
capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity
upon behalf of which the person(s) acted, executed the instrument.
I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing
paragraph is true and correct.
WITNESS my hand and official seal.
Signature
OWNER
By:
Signature to be Notarized
State of California }SS
}
County of }
Title: Mayor, City of Palm Desert
On , 20_ before me, a Notary Public,
Personally appeared who proved to me on the basis of
satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument
and acknowledged to me that he/she/they executed the same in his/her/their authorized
capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity
upon behalf of which the person(s) acted, executed the instrument.
I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing
paragraph is true and correct.
WITNESS my hand and official seal.
Signature
Approved as to Form:
David J. Erwin, City Attorney
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