HomeMy WebLinkAboutC31820 - Magnesia Falls Site Wall and GateCITY OF PALM DESERT
STAFF REPORT
REQUEST: AUTHORIZE AWARD OF CONTRACT NO. C31820 TO JOHN
BARAJAS MASONRY FOR MAGNESIA FALLS SITE WALL AND
GATE IN THE AMOUNT NOT TO EXCEED $19,378
SUBMITTED BY: Heather Buck, Project Coordinator
CONTRACTOR: John Barajas Masonry
42901 Lima Hall Road
Bermuda Dunes, CA 92203
DATE: June 28, 2012
CONTENTS: Contract No. C31820 Agreement
Right of Entry / Wall Easement
Recommendation
By Minute Motion:
1. Authorize the award of Contract No. C31820 in the amount of $19,378
to John Barajas Masonry for the Magnesia Falls Site Wall and Gate;
2. Authorize the Finance Director to set aside the amount of $1,937 as 10
percent contingency (use of contingency requires additional action);
3. Authorize the Mayor to execute the Right of Entry and Wall Easement
with the Palm Desert Mobile Estates; and
4. Appropriate $21,315 from Account No. 400-4626-433-4001, FYE 2013
Budget.
Background
City Council members requested that staff look into ways to screen the wall openings to
shield the vacant lot along the north side of Magnesia Falls (between San Pablo and
Portola) from view. Staff presented several solutions including landscaping, metal
gates, and masonry block walls to the Landscape Beautification Committee. At the
January 18, 2012 meeting, staff received direction to go to bid for the construction of a
metal gate to infill the gap in the wall at the existing Magnesia Falls (west end) curb cut
and the continuation of the eastern end of the masonry wall until it abuts the adjacent
entry to the Palm Desert Mobile Estates.
Staff Report
Award of Contract No
Page 2 of 3
June 28, 2012
C31820 to John Barajas Masonry — Magnesia Falls Site Wall
On May 18 and May 23, 2012, the Notice Inviting Bids for the Magnesia Falls Site Wall
and Gate project was published in The Desert Sun.
On June 12, 2012, sealed bids were opened by the City Clerk. Below is a summary for
the bids received.
Company Name
City
Base
Bid
Responsive
John Barajas Masonry
Bermuda Dunes, CA
$19,378
Yes
Falcon Builders, Inc.
Indian Wells, CA
$22,035
Yes
Pedro Ontiveros Construction
Thousand Palms, CA
$24,500
Yes
Ted Enterprises, Inc.
San Clemente, CA
$24,994
No
Three Peaks Corp.
Calimesa, CA
$25,270
Yes
Bogart Masonry, Inc.
Morongo Valley, CA
$54,430
Yes
United Engineering and
Construction, Inc.
Glendale, CA
$55,800
Yes
After review of the bid(s) and the specifications, John Barajas Masonry, based in
Bermuda Dunes, California, was the lowest responsive bidder. John Barajas Masonry
has demonstrated experience with this type of project and has successfully completed a
similar project for the City within the last 18 months.
The renovations will shield the vacant lot from view and beautify the surrounding area.
The new gates will be built in the Right -of -Way; however, the extension of the existing
block wall occurs on the adjacent property owned by the Palm Desert Mobile Estates.
The Right -of -Way is directly adjacent the existing sidewalk at the southeastern corner of
the vacant lot with no space for the wall to be built in the Right -of -Way. Staff has
worked with the neighboring property owner to develop a Right of Entry and Wall
Easement Exhibit (attached) to facilitate the construction of the wall and access to the
site during construction. The property owner has reviewed the agreement and finds it
acceptable.
Staff recommends approval of a contract with John Barajas Masonry in the amount of
$19,378 to construct a new site wall and gate along Magnesia Falls.
G:\rda\Heather Buck\Mag Falls\Stf Rpt\062812 Mag Falls Award Contract C31820.doc
Staff Report
Award of Contract No. C31820 to John Barajas Masonry — Magnesia Falls Site Wall
Page 3 of 3
June 28, 2012
Fiscal Analysis
A $21,315 appropriation is required from the Fiscal Year Ending 2013 Budget.
Submitted By:
&-'��" t—j
Heather Buck, Project Coordinator
Pabf S. Gibson, Director of Finance
roval:
n M. Wohlmuth, City Manager
Department Hea
K86rtin Alvarez
Director of Economic Development
CITY COUNCILAe-6ON
APPROVED DENIED
RECEIVED OTHER
MEET 1
AYES:
NOES: A
ABSENT:
AT3STAtN:.,.LSL011;�
VERIFIED BY. -
Original on File with City
Office
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Contract No. C31820
AGREEMENT
THIS AGREEMENT is made and entered into this 28th day of June, 2012, by
and between City of Palm Desert, California, hereafter called "CITY" and John Barajas
Masonry hereinafter called "CONTRACTOR".
WITNESSETH
RECITALS:
CONTRACTOR has submitted to CITY its Contractor's Proposal for the construction of
CITY Project,
1. MAGNESIA FALLS SITE WALL AND GATE, CONTRACT NO. C31820, in strict
accordance with the Contract Documents identified below, CITY has accepted
said Proposal.
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
Agreement; (b) The Notice Inviting Bids; (c) The Instruction to Bidders; (d) The
Contractor's Proposal; (e) The General Specifications; (f) The Special
Provisions; (g) The Standard Specifications as modified in other portions of the
Contract Documents; (h) The Plans; (i) Addenda Nos. 1 and 2; 0) Any Change
Orders issued; (k) 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. Contractor to submit engineered drawings required for permit issuance within 10
calendar days of contract execution. Contractor 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 30 Calendar Days of the
Notice to Proceed date which will be issued the day following the permit issuance
by the Building and Safety Department to the satisfaction of the Owner's
Representative.
Page 1
Contract No. C31820
3. Contractor agrees to indemnify, defend and save CITY and its officers, agents
and employees, and the Owner's Representative 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.
d. 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 "Agency." Liquidated damages shall be $1,000.00
dollars per calendar day of delay.
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 CITY or the Contractor, should be entitled to a
reasonable sum for attorney's fees 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 CITY, 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 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.
Page 2
Contract No. C31820
Release of Retention: The prime Contractor agrees further to release retention
payments to each Subcontractor within 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.
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:
1 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."
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.
[Remainder of this page has intentionally been left blank.
Signature blocks are contained on the next page]
Page 3
Contract No. C31820
CONTRACTOR:
BY:
Signature to be notarized
TITLE:
CITY:
BY:
Signature to be notarized
TITLE: Mayor of Palm Desert, CA
APPROVED AS TO FORM:
DAVID J. ERWIN
CITY ATTORNEY
State of California )
County of )
On
personally appeared
before me,
ATTEST BY:
TITLE:
ATTEST BY:
TITLE: City Clerk of Palm Desert, CA
, 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
(Seal)
Page 4
RECORDING REQUESTED BY, AND
WHEN RECORDED, MAIL TO:
City Clerk's Office
City of Palm Desert
73-510 Fred Waring Drive
Palm Desert, CA 92260-2578
FOR THE BENEFIT OF THE
CITY OF PALM DESERT
- NO FEE -
6103 OF THE GOVT. CODE
(This Space for Recorder's Use Only)
Recording Requested
for
RIGHT OF ENTRY AND WALL EASEMENT
BETWEEN PROPERTY OWNER -
PALM DESERT MOBILE ESTATES
and
CITY OF PALM DESERT
(Title of Document)
RIGHT OF ENTRY
This right of Entry Agreement ("Right of Entry") is made this day of
2012 between PALM DESERT MOBILE ESTATES ("Owner") and
THE CITY OF PALM DESERT ("City").
RECITALS
A. Owner owns the real property commonly known as Portola Mobile
Estates which is 17.61 acres more or less in the portion of NE 1/4 of Section 17
T5S R6E, SBBM, the City of Palm Desert, County of Riverside, California. APN
622-150-009. Such property is more particularly described in Exhibit "A"
attached hereto and made a part hereof.
B. The City, its employees and agents (hereafter "City"), the
consultants, contractors, subcontractors (hereafter "Contractors") seek to enter
the Property to complete the block wall as shown on the exhibit attached marked
Exhibit "B" and made a part hereof to complete said improvements on the
Owner's property. The City, its employees and agents (hereafter "City"), the
consultants, contractors, subcontractors (hereafter "Contractors") seek to enter
the Property to provide a new metal gate as shown on Exhibit "C" to complete
said improvements on City's property. City is subject to the conditions set forth
below. The parties desire to enter into this Right of Entry with the City and
Contractor with access for the purpose and subject to terms, conditions and
restrictions set forth in this Right of Entry.
NOW, THEREFORE, it is agreed as follows:
1. Owner hereby grants a Right of Entry to the City and Contractors onto
the property, subject to all licenses, easements, encumbrances and claims of
title affecting the property, to complete work and construction for the project,
as described in Recital B. The scope of work to be performed under this Right
of Entry is more particularly described in Exhibits "B" and "C" to this Right of
Entry Agreement.
2. City and its Contractors will use all good faith, reasonable efforts to
avoid any adverse, permanent damage to the Property, except where the
scope of work requires removal of a tree, or other improvement requested by
the Owner.
3. This Right of Entry may be signed in any number of counterparts,
each of which, when executed and delivered, shall be deemed to be an
original, and all of which, taken together, shall be deemed to be one and
the same instrument. This Right of Entry shall become effective thirty
(30) days after the City sends to Owner written notice or electronic mail
correspondence, confirmed by an affirmative response from Owner, that
72500.00001 \7331690.1
the City will begin construction of the Project in the area contiguous
to Owner's property, provided that said notice is delivered to Owner
not more than thirty-six (36) months after the date on which this Right
of Entry is executed by Owner. The notice shall specify the date on
which such construction is anticipated to begin contiguous to
Owner's property. This Right of Entry shall terminate not later than 150
days after the notice is delivered to Owner, unless extended by written
agreement of Owner and City.
4. All entry to Owner's property and all work undertaken on
that Property shall be performed during regular business hours.
5. The actual work on Owner's Property, described more
particularly in Exhibit "B," shall be subject to twenty-four (24) hours
prior oral notice to the Owner if the Owner resides on the Property at
time of such notice, or by written notice, by letter and/or facsimile or
electronic mail to Owner, if Owner does not reside at the Property at
time of notice.
6. Owner reserves the right to be present for observation during the
work.
7. City will indemnify, defend and hold Owner harmless from any
and all liability for bodily injury, death and property damage arising out of or in
any way connected with this Right of Entry, and will reimburse Owner for all
costs, expenses and loss, including attorney's fees, incurred by Owner in
consequence of any claims, demands and causes of action which may be
made or brought against Owner arising solely out of the activities conducted
under this Right of Entry.
8. All notices permitted or required under this Agreement shall be
given to the respective parties at the following address, or at such other address
as the respective parties may provide in writing for this purpose:
Owner:
Attn:
City: City of Palm Desert
73510 Fred Waring Drive
Palm Desert, CA 92260-2524
Attn: Martin Alvarez
Director of Economic Development
72500.00001 \7331690.1
IN WITNESS WHEREOF, the parties have executed this instrument
the day and year first written above.
OWNER:
Its:
CITY OF PALM DESERT
ROBERT A. SPIEGEL, MAYOR
ATTEST:
Rachelle Klassen, City Clerk
72500.00001 \7331690.1
EXHIBIT "A"
WALL EASEMENT
LEGAL DESCRIPTION
That portion of the southeast quarter of the northeast quarter of Section 17, Township 5
South, Range 6 East, of the San Bernardino Meridian, in the City of Palm Desert,
County of Riverside, State of California, according to the official plat of said land filed in
the District Land Office, being a strip of land 3.00 feet wide, the north line of which is
described as follows:
Commencing at the east quarter corner of said Section 17, also being the centerline
intersection of Portola Avenue and Magnesia Falls Drive;
thence S 890 51' 13" W 343.87 feet along the center section line, also being the
centerline of Magnesia Falls Drive;
thence N 000 09' 50" W 33.00 feet to the True Point of Beginning;
thence N 890 51' 13" E 31.00 feet to the point of terminus of this description.
The west line of said 3.00 feet wide strip of land to adjoin the northerly prolongation of
the west line of that certain easement granted to the City of Palm Desert and described
in Document No. 299443, recorded November 25, 1986, official records of said County
of Riverside, and the east line thereof to be at right angles to said center section line,
also being the centerline of Magnesia Falls Drive.
This easement contains 93.0 square feet, more or less.
Exhibit "B" attached hereto and by this reference made a part hereof.
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