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Home My WebLink AboutC31580 - Desert Willows Maintenance Building Site Lighting 864-12CITY OF PALM DESERT STAFF REPORT REQUEST: AUTHORIZE THE AWARD OF CONTRACT NO. C31580 FOR PROJECT NO. 864-12 FOR DESERT WILLOW MAINTENANCE BUILDING SITE LIGHTING AT 38-650 PORTOLA AVENUE, ALSO KNOWN AS 38-400 PORTOLA AVENUE, IN THE COMBINED TOTAL BID PRICE OF $23,986.00 TO FALCON BUILDERS, INC. SUBMITTED BY: Bryce L. White, Project Administrator CONTRACTOR: Falcon Builders, Inc. 74947 Highway 111, Suite 210 Indian Wells, CA 92210 DATE: March 8, 2012 CONTENTS: Aerial Location Map Contractor's Proposal Letter from Falcon Builders, Inc. Agreement for Contract No. C31580 Site Plan Drawing Recommendation By Minute Motion: Authorize the award of Contract No.. C31580 for Project No. 864-12 for Desert Willow Maintenance Building Site Lighting at 38-650 Portola Avenue, also known as 38-400 Portola Avenue, in the Combined Total Bid Price of $23,986.00 to Falcon Builders, Inc.; and 2. Authorize the Director of Finance to set aside the amount of $2,398.60 as 10% contingency (use of contingency requires additional action); and 3. Waive any irregularities or informalities in Falcon Builders, Inc. Contractor's Proposal; and 4. Authorize the Mayor to execute said Agreement for Contract No. C31580. Funds are available in Account No. 441-4195-495-8092. Executive Summary Approval of staff's recommendation will provide lighting upgrades to the Desert Willow maintenance building site. Upgrades include the replacement of existing low level lighting fixtures with new 250 watt metal halide fixtures on the existing buildings. Additional lighting will also be installed in strategic locations to provide lighting near new surveillance cameras. Staff Report Award Contract for Desert Willow Maintenance Building Site Lighting March 8, 2012 Page 2 of 3 Background The subject site is located at 38-650 Portola Avenue, also commonly known as 38-400 Portola Avenue (APN 620-400-029). The maintenance facility site is approximately 2.45 acres. Approximately one acre on the east half of the property is enclosed and used for storage and maintenance vehicle parking and will be improved with additional site lighting. The Maintenance Facility site has been subject to thefts. The additional site lighting is designed to deter this and to provide greater clarity for the security cameras. New and replacement lighting will also be mounted around the primary maintenance building. The proposed project includes two additive alternates to the base project. Additive Alternate No. 1 is to provide two new light poles and lighting fixtures near the entrance into the facility. Additive Alternate No. 2 is to provide conduit for a new light pole and lighting fixture near the northeast area of the site. The Notice Inviting Sealed Bids was published in the Desert Sun on February 3, 2012 and February 9, 2012. Sealed bids were opened on February 24, 2012, from eight (8) contractors. The Sealed Bid opening results are listed below for the Base Bid Price, Additive Alternate No. 1 Bid Price and the Combined Total Bid Price. The order of consideration of bids is as follows: (1) Base Bid Price and (2) Combined Total Bid Price which includes the Additive Alternate No.1 Bid Price. Contractor City Total Lump Sum Bid Additive Alternate Bid #1 Combined Total Falcon Builders, Inc. Indian Wells $17,736.00 $6,250.00 $23,986.00 Crown Contracting, Inc. Yucca Valley $18,059.00 $7,873.00 $25,932.00 Regency Pacific Development Corp. Beaumont $18,400.00 $7,700.00 $26,100.00 Jackson Electric Enterprises, Inc. Rancho Mirage $24,799.00 $10,213.00 $35,012.00 Joe Putrino General Contractor Yucca Valley $28,634.00 $10,628.00 $39,262.00 Pacific Electric Lighting & Sound Beaumont $34,500.00 $6,900.00 $41,400.00 TSR Construction & Inspection Rancho Cucamonga $37,400.00 $11,000.00 $48,400.00 Doug Wall Construction Bermuda Dunes $40,842.00 $16,140.00 $56,982.00 Falcon Builders, Inc. is the lowest bidder for the Base Bid Price of $17,736.00 and the Additive Alternate No. 1 Bid Price of $6,250.00 for a combined total bid price of $23,986.00. Staff recommends proceeding with Additive Alternate No. 1. Falcon Builders, Inc. also bid for Additive Alternate No. 2 Bid Price of $4,800, which staff does not recommend proceeding with. Two bidders, Falcon Builders, Inc. and TSR Construction and Inspection, did not acknowledge Addenda No. 1 in their Contractor's Proposal. Falcon Builders, Inc. submitted a letter (see attached) recognizing that they did not acknowledge Addenda No. 1 in their Contractor's Proposal but they have reviewed the Addenda and their bid price remains unchanged. Item 2 of the Contractor's Proposal states "The Owner has the right to reject any or all Proposals and to waive any irregularities or informalities contained in a Proposal." The City C:IrdalBryce WhitelDesert Willow MaintenanceW ward Contract DW Maintenance Bldg Lighting SR 3-8-12.doc Staff Report Award Contract for Desert Willow Maintenance Building Site Lighting March 8, 2012 Page 3 of 3 Attorney has reviewed the irregularity in Falcon Builders, Inc. Contractor's Proposal and deems it acceptable. Staff concurs and recommends the City Council waive any irregularities or informalities contained in Falcon Builders, Inc. Contractor's Proposal. Therefore, staff recommends award of Contract No. C31580 for Project 864-12 to Falcon Builders, Inc. for the Combined Total Bid Price of $23,986.00. Fiscal Analysis The Combined Total Bid Price of $23,986.00 will be paid from the Golf Course Maintenance Capital Fund 441. The reduction in losses due to theft is not easily quantifiable by the increased lighting. Staff along with the Sheriff's Department recognizes improved lighting will act as a deterrent in preventing certain incidents of theft. Funds for this project are available in Desert Willow Maintenance Account Number 441-4195-495-8092. Submitted By: Bry e . W ite roject Ad nistrator Department Head: McCarthy, ACM r� artin Alvarez, Redevelopment Manager CM COUNCIL. ,T APPROVED__. DENIED RECEIVED OTHER MEETI G DAX pment AYES; NOES: �e_ ABSENT: ABSTAIN: VERIFIED BY: Original on File with City ivferk's Office Paul S. Gi of M. Wohlmuth, City Manager G: bdalBryce WhitelDesert Willow MaintenanceW ward Contract DW Maintenance Bldg Lighting SR 3-8-12.doc 00030 CONTRACTOR'S PROPOSAL FOR DESERT WILLOW MAINTENANCE BUILDING SITE LIGHTING AT 38-650 PORTOLA AVENUE also known as 38-400 PORTOLA AVENUE CONTRACT NO. C31580 TO: DATE:- 4 "Z r BIDDER:"Contractor„ The UNDERSIGNED, "Contractor", having carefully examined the site and the Contract Documents for the construction of DESERT WILLOW MAINTENANCE BUILDING SITE LIGHTING, Contract No. C31580, hereby proposes to construct the work in accordance with the Contract Documents, including Addenda No(s). for the amount stated in this Proposal. By submitting this Proposal, Contractor agrees with Owner: 1. That unless withdrawn in person by Contractor or some person authorized in writing by Contractor — not by telephone or telegram — before the time specified in the Notice Inviting Bids for the public opening of bids, this Proposal constitutes an irrevocable offer for ninety (90) calendar days after that date. 2. The Owner has the right to reject any or all Proposals and to waive any irregularities or informalities contained in a Proposal. 3. That the contract shall be awarded only by the governing body of OWNER. Said contract shall only be deemed awarded after the contractor's complete submission of all contract documents, bonds, insurance documentation, and the OWNER shall obtain all necessary signatures of the governing body, at which time the contract shall be deemed awarded. 4. To submit to Owner such information as Owner may require to determine the Bidder's financial standing experience and to perform the work. scte t:`therew th for Desert Willow Maintenance Building Site UgMting as (Amount In Figures) �J v irl '� �, � e J�tiy l%vGl 1 glvtl-vo �i�f� � � 4 "-/ $ r� (Amount In Words) ' City of Palm Desert Desert Willow Maintenance Building 21 Contractors Proposal Section 00030 G:\rdalBryce White\Desert Willow Maintenance\Desert Willow Maintenance Building Site Lighting Specs.docx #I0itiv#trrte �iid�I►rrrunt... Alt wdrtt tl t aai a',)rici�etxta! $titer to apt itl.connecied therewlth'fior iDesert Willow Malnteri ante Sulldtrtg Site Lighting as depleted arhd 's`teted j `Sh Mote '4a of the Construction Drawings. (Amount In Figures) r , °�- -> (Amount In Words) Total Lump Sum Base Bid Amount and Additive Alternate Bid #1 Amount and Additive Alternate Bid #2 Amount must be filled in and completed in figures and words. If a bidder fails to provide pricing for Additive Alternate Bid #1 and Additive Alternate Bid #2, the bid will be considered non -responsive. The order of consideration of bids will be as follows: 1. The Total Lump Sum Base Bid Amount 2. The Total Lump Sum Base Bid Price and the Additive Alternate Bid #1 Amount 3. The Total Lump Sum Base Bid Price and the Additive Alternate Bid #2 Amount 4. The Total Lump Sum Base Bid Price and the Additive Alternate Bid #1 Amount and the Additive Bid #2 Amount. IN WITNESS WHEREOF Contractor executed this proposal as of date set forth in Paragraph 1, Section 00010, Notice Inviting Sealed Bids: By -� g ature t Title: Contractor State of California { �' }SS County of (I( i .A-LI On' — , `ZO4.1,befor me C L J 141 i , a Notary Public, Personally appeared w IMP11 A I �V-Z W I "' 4 - , who proved to me on the basis of satisfactory evidence to be the person(s) whose name(sX is re. subscribed to the within instrument and acknowledg8L,ed to me thaQrF� gtthey executed the same in0Qber/their authorized capacity(ies), and that by ris�ger/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 mxhahland official r seal 16 t s CATHERINE D. HARRIS Commission # 1879092 Signattire'',, :-a Notary Public California z z ' Riverside County My Comm. Expires Feb 2, 2014 City of Palm Desert al Desert Willow Maintenance Building 22 Section 00030 G:1rda\Bryce WhitelDesert Willow Maintenanca\Desert Willow Maintenance Building Site Lighting Specs.docx Falcon Builders, Inc. 74947 Hwy. 111 Suite 210 Indian Wells, CA 92210 Ph: 760-797-5462 Fax: 760-346-1707 February 27, 2012 City of Palm Desert Redevelopment Agency 73-510 Fred Waring Dr. Palm Desert, CA 92260 Re: Desert Willow Maintenance Bldg. Site Lighting aka: 38-400 Portola Ave. This letter acknowledges that we the Contractor, Falcon Builder's, Inc. failed to recognize Addenda 1 in our proposal dated 2/24/2012 for the above said project, due to non- receipt. We acknowledge Addenda 1 and have concluded that it has no bearing on our Contractor's submitted lump sum bid amount of $17,736.00 dated February 24, 2012, which was complete and comprehensive according to the plans and specifications. Falcon Builder's, Inc., stands firmly behind our proposal and if awarded the contract will perform the work in accordance to the Contract Documents and Addendum No. 1. Also on question (12) list the name of the person that inspected the job for our firm, is Ed Yoder, Superintendent for Falcon Builders, Inc. Thank you for your time and consideration. 1 `7AJn u F kerCber,dent CONTRACT NO. C31580 AGREEMENT FOR DESERT WILLOW MAINTENANCE BUILDING SITE LIGHTING AT 38-650 PORTOLA AVENUE also known as 38-400 PORTOLA AVENUE THIS AGREEMENT is made and entered into this 8th day of March, 2012, by and between City of Palm Desert, California, hereafter called "Owner" and Falcon Builders, 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 MAINTENANCE BUILDING SITE LIGHTING AT 38-650 PORTOLA AVENUE also known as 38-400 PORTOLA AVENUE, CONTRACT NO. C31580 , in strict accordance with the Contract Documents identified below, Owner 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: Contract Documents: The entire contract consists of the following: (a) Notice Inviting Sealed Bids [Section 00010]; (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) Non -Collusion Affidavit [Section 00070]; (g) Affirmative Action Program [Section 00080]; (h) Certification of Bidder and Qualifications [Section 00090]; (i) Agreement [Section 00100]; 0) Liability and Insurance Requirements [Section 00200]; (k) Workers' Compensation Insurance Requirements [Section 00500]; (1) General Specifications [Division 01]; (m) General Special Provisions [Division 02]; (n) Any Change Orders issued; (o) Construction Drawings Listed [Section 00004]; (p) 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. C31580 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 thirty (30) calendar days from the date to commence work in the Notice to Proceed 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. Liquidated damages shall be one hundred dollars ($50.00) per calendar day of delay. 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. 2 CONTRACT NO. C31580 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 the 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. 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." 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 Falcon Builders, Inc. John Mercer, President Signature to be Notarized Approved as to Form: David J. Erwin, City Attorney OWNER City of Palm Desert Robert A. Spiegel, Mayor Signature to be Notarized Attest: Rachelle D. Klassen, City Clerk CONTRACT NO. C31580 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 State of California }SS } County of j 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 File Path & Name: Y;\2011\11085.00 DESERT WILLOW MAINTENANCE BUILDING SITE UGKrING\-ViD\E2.0 - ELECTRICAL PLAN.DWG 0 MRC ENGINEERING, INC. 2009 - Plotted February 29, 2012 - 11;26 am oo 5 c' Syr 'g Z. Fn Ln --I M z z 0 1z I Or M x >zo vi I 0 49 Z51 mzo 2 0 So 2 8 z c z x, 1. it. z 2 -1 z.o1 1z 12M? .o > mom z > 0 @a@ 0SGS80 G GG gn gi - — — - - — >2 AN Go w 25� E; N " z-z I Us !!:5 ; g ' 9 25 m. -�g -cm - " 1 4 229 2 89 :Ap L2 2�m1m p zR ER R z 9 �z g R -82 - P A. *OF X gx o2 88C 2 m .z 2. zG x g�— o'. Y A 2z A p Rm zm Z- M > w .2 SR- 2. -.2 9 zy 5 �z 28� T�m z M, O� -- -- z c �I— C2� , X M I zA 1- 2 >zg 82> 62 ij z. 2 mp' >R- 5�8 5 gg�g 8 Mo - t ' ' A mR PAO Y pgp m 1 o-1 2; 5" > Y 8 2 A om A z gym 'Am =1 . > H, 28 'A , A > 9 z I -z- g *�-zo M 5z' m >Q il. A '0 !Z Yc z A 2s t zA cn A c -0 c o P2.5 A 2 p z z 0 ?c X4 Desert Willow Maintenance Facility 38650 Portofa Ave Date: APN: 620-400-029 2/2011 e VICINITY MAP