HomeMy WebLinkAboutC32210 - DW Reservoir Cvr Rplcmnt 861-12Contract C32210
CITY OF PALM DESERT
PUBLIC WORKS
STAFF REPORT
REQUEST: AUTHORIZE AWARD OF CONTRACT NO. C32210 TO LAYFIELD
ENVIRONMENTAL SYSTEMS CORPORATION, SPRING
VALLEY, CALIFORNIA, FOR THE DESERT WILLOW
RESERVOIR COVER REPLACEMENT IN AN AMOUNT NOT TO
EXCEED $260,478.00 (PROJECT NO. 861-12)
SUBMITTED BY: Mark Greenwood, P.E., Director of Public Works
CONTRACTOR: Layfield Environmental Systems Corporation
2500 Sweetwater Springs Boulevard, #110
Spring Valley, California 91978
DATE: February 14, 2013
CONTENTS: Contract Agreement and Bonds
Site Map
Photos
Recommendation
By Minute Motion:
1. Authorize the award of Contract No. C32210 to Layfield Environmental
Systems Corporation, Spring Valley, California, for the Desert Willow
Reservoir Cover Replacement project in an amount not to exceed
$260,478.00 (Project No. 861-12);
2. Authorize the Director of Finance to set aside a 10 percent contingency
in the amount of $26,047.80;
3. Authorize the Mayor to execute the contract; and
4. Authorize the City Manager approve change orders in an amount not
to exceed 50 percent of the contingency ($13,023.90).
Funds for the Desert Willow Reservoir Cover Replacement are available in Course and
Grounds Expenses, Account No. 441-4195-495-8092.
Backqround
On September 27, 2012, the City Council authorized staff to solicit proposals for the
Desert Willow Reservoir Cover Replacement project using a service based contract.
Staff Report
Award C32210 to Layfield for Desert Willow Reservoir Cover Replacement (Project No. 861-12)
Page 2 of 3
February 14, 2013
This type of contract allows the selection process to be based on price as well as other
factors (i.e. contractor qualifications, material type and quality, and length of warranty)
rather than price alone.
The Desert Willow Reservoir Cover Replacement project will provide for the
replacement of the existing floating cover on the non-potable water reservoir and repairs
to other components of the system including the liner (see attached site map showing
the location of project). The purpose of the floating cover is to reduce water lost to
evaporation, prevent contamination, contain the potentially offensive smell, prevent
growth (algae blooms), and increase safety. The attached photos show the existing
condition of the floating cover, which is partially submerged due to tears. If working
properly, there woufd b� no water on top of the floating cover. The photos show that
within the last month the main tear has expanded due to the daily fluctuation of the
reservoir level as the water is drawn down through irrigation use.
On December 12 and 19, 2012, the Notice Inviting Proposals was advertised in The
Desert Sun. Below is the summary of the proposals received on January 11, 2013:
Cvmpany Name City
MPC Containment International Ltd Chicago, Illinois
Layfield Environmental Systems Corp. Spring Valley, CA
ECApplications, Inc. Orange, CA
Proposal Cast
$234,345.00
$260,478.00 �
$310,600.00 �
Proposal Evaluation
Though MPC Containment submitted the proposal with the lowest cost, the evaluation
criteria inctuded cost (60%), technical proposal (30%) and location (10%). City staff and
the Director of Golf Course Maintenance reviewed each proposal. The technical scores
were averaged and combined with the cost and location scores for an overall ranking.
MPC is based in Chicago, Illinois, and, therefore, lost some points for distance from
Palm Desert and also did not score as well on the technical proposal. Layfield was the
highest ranked firm. Layfield submitted a very thorough technical proposal, listed repair
of the Coachella Valley Water District's (CVWD) floating cover as a current project and
is located in southern California.
Staff negotiated the final scope of work with Layfield and was able to obtain a lower cost
than originally submitted. The final scope of work includes one item that was not in the
original scope of work: the stabilization of the blow sand on the north bank of the
reservoir. Staff recommends this scope of work be added to minimize future potential
accumulation of sediment on top of the floating cover, which will reduce maintenance
and prolong the service life of the material.
Warrantv
The request for proposals solicited design-build contractors with experience in floating
reservoir cover design and installation. Since there have been advancements in floating
cover materials and technology since 1996 when the original floating cover was
G:\PubWorks\Staff Reports�2013\February 14\Ot Award C32210 for Desert Willow Reservoir Cover Replacement\SR-Auth Award to La�eld - DW Reservoir Cover 861-12.doc
Staff Report
Award C32210 to Layfield for Desert Willow Reservoir Cover Replacement (Project No. 861-12)
Page3of3
February 14, 2013
installed, staff solicited recommendations from the contractors on which material is best
suited for the desert environment, use with non-potable water, and which material has
the longest warranty. The material which was unanimously recommended by the
contractors has a 30-year warranty. The last 10 years of the warranty are pro-rated.
Citv Manaqer Authorization
Per the current Non-potable Water Agreement between the City and CVWD, the City is
required to utilize 80 percent non-potable water for irrigation of both of Desert Willow's
golf courses. Desert Willow currently exceeds this requirement by utilizing
approximately 90 percent non-potable water for irrigation of the golf courses. With the
reservoir under required maintenance, the golf courses will need to be irrigated with well
water at a potentially higher cost. Staff requests that the City Manager be authorized to
approve change orders up to a cumulative total of $13,023.90 for unforeseen conditions
in order to minimize the time the reservoir is not in service. All change orders must be
brought back to the Council for ratification. The largest unknown on this project is the
condition of the existing liner. The contract allows for some patching of the liner, but the
full extent required is not known and cannot be determined without draining the
reservoir, removing the silt and the cover.
Fiscal Analvsis
As part of the Fiscal Year 2012/2013 budget, $500,000 has been budgeted for the
Desert Willow Irrigation Pump Renovation project. No appropriation is required; funding
is available in the current budget.
Prepared By:
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Heather Bucl�, Project Coordinator
Head:
Mark re:nwood, P.E`
Direct Public Works
��°'� � �
� L��e'�. ,
Paul S. Gibson, birector of Finance
��
�rtin Alvarez
Director of Economic Development
CiTY COUNCILAC�ION
APPROVED � DENiE�
RECEIVED OTHER
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AYES: � ' '
NOES� >?P r
ABSENT: �
ABSTAIN: �
Approval:
VERtFIED BY: %�!'�`�
� Origina! on File with City C�rk's Off ce
���� �
J n M. Wohlmuth, City Manager
G�\PubWorks\Staff Reports�2013\February 14\01 Award C32210 for Desert Willow Reservoir Cover Replacement\SR-Auth Award to La�eld - DW Reservoir Cover 861-12 doc
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Contract No. C32210
AGREEMENT
DESIGN-BUILD AGREEMENT
BETWEEN THE
CITY OF PALM DESERT
AN D
CONTRACTOR
This Design-Build Agreement ("Agreement") is made and entered into this 14th day of
Februarv, 2013, by and between the City of Palm Desert, California, hereafter called
"CITY", and Lavfield Environmental Svstems Corporation hereinafter called "Contractor"
For the purpose of designing and constructing the DESERT WILLOW RESERVOIR
COVER REPLACEMENT PROJECT. The CITY and the Contractor are herein
collectively referred to as the "Parties."
WITNESSETH
RECITALS
CONTRACTOR has submitted to CITY its Proposal for the design and construction of
CITY Project,
1. DESERT WILLOW RESERVOIR COVER REPLACEMENT, PROJECT NO. 861-
12, CONTRACT NO. C32210, in strict accordance with the Contract Documents
identified below. CITY has selected said Proposal as providing the best value for
the Project.
2. The CITY desires to construct and operate the DESERT WILLOW RESERVOIR
COVER REPLACEMENT PROJECT (the "Project") to be located in the City of
Palm Desert.
3. The CITY desires to contract with a single entity for design and construction of
the Project, as set forth in this Agreement.
4. CONTRACTOR states that it has re-examined its 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.
In consideration of the above recitals and the mutual covenants and conditions set forth
herein, and for good and valuable consideration, the receipt and sufficiency of which are
Contract No. C32210
hereby acknowledged, the Parties hereby set forth their mutual covenants and
understandings as follows:
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 Proposals; (c) The Instructions to
Contractors; (d) The Contractor's Proposal; (e) The Bidder's Bond; (f) The
Performance Bond; (g) The Payment Bond; (h) The General Conditions; (i) The
Standard Specifications as modified in other portions of the Contract Documents;
(j) The Plans; (k) Addenda Nos. 1; (I) Any Change Orders issued; (m) 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 shall commence the work within ten 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 75 Calendar Days from the Notice to Proceed
date to the satisfaction of the Engineer. Actual construction time allotted for the
reservoir will be limited to a maximum of 30 calendar days.
3. The Contractor's Basic Obliqation.
The Contractor promises and agrees, at its own cost and expense, to furnish to the
CITY all labor, materials, tools, equipment, services, and incidental and customary work
necessary to fully and adequately complete the Project, and all portions thereof, as
described in the Contract Documents (hereinafter the "Scope of Work"), for an amount
not to exceed two hundred sixtv thousand four hundred seventy-eiqht DOLLARS
($260.478.00) as stated in the Proposal submitted by the Contractor and as attached to
the RFP. Unless otherwise stated in the Contract Documents, the Lump Sum Amount
shall pay for all costs and expenses required to design and construct the Project.
4. Contractor's Licensinq.
The Contractor shall have only appropriately licensed contractors performing work on
the Project as required by the Business and Professions Code. The Contractor hereby
designates (License No. ) to act as the licensed
general contractor for the Project. Contractor's general contractor shall perform all
services required under the Contract Documents in a skillful and competent manner,
consistent with the standards generally recognized as being employed by professionals
qualified to perForm such services in the same discipline in the State of California, and
the Contractor shall be fully responsible to the CITY for any damages and/or delays to
the Project as specified in the indemnification provisions of the Contract. Any change in
Contract No. C32210
the general contractor shall be subject to the CITY's prior written approval, which
approval shall not be unreasonably withheld. The new general contractor shall be of at
least equal competence as the prior general contractor. In the event that CITY and
Contractor cannot agree as to the substitution of a new general contractor, the CITY
shall be entitled to terminate this Contract as described in the General Conditions.
5. Contractor's Desiqner of Record.
The Contractor shall name a specific person to act as the Designer of Record as
described in the General Conditions, subject to the approval of the CITY. The
Contractor hereby designates (License No. ) and
(License No. ) to act as the Designer of Record for the
Project. Contractor's Designer of Record shall perform all services required under the
Contract Documents in a skillful and competent manner, consistent with the standards
generally recognized as being employed by professionals qualified to perform such
services in the same discipline in the State of California, and the Contractor shall be
fully responsible to the CITY for any damages and/or delays to the Project as specified
in the indemnification provisions of the Contract. Any change in the Designer of Record
shall be subject to the CITY's prior written approval, which approval shall not be
unreasonably withheld. The new Designer of Record shall be of at least equal
competence as the prior Designer of Record. In the event that CITY and Contractor
cannot agree as to the substitution of a new Designer of Record, the CITY shall be
entitled to terminate this Contract as described in the General Conditions.
6. Contractor's Indemnification.
Contractor agrees to indemnify, defend and save CITY and its officers, agents and
employees, and the Engineer 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.
Contract No. C32210
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 dollars
per calendar day of delay.
7. 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.
8. This Agreement shall be binding upon all parties hereto and their respective
heirs, executors, administrators, successors, and assigns.
9. Contractor shall be paid in the manner set forth in the Contract Documents the
amount of its Bid 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.
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.
10. Labor Code Comqliance.
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. C32210
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:
Signature to be notarized
ATTEST BY:
TITLE:
TITLE:
CITY:
BY:
Signature to be notarized
ATTEST BY:
TITLE: Mavor of Palm Desert, CA
APPROVED AS TO CONTENT:
MARK GREENWOOD, P.E.
DIRECTOR OF PUBLIC WORKS
TITLE: Citv Clerk of Palm Desert, CA
APPROVED AS TO FORM:
DAVID J. ERWIN
CITY ATTORNEY
Contract No. C32210
CONTRACTOR ACKNOWLEDGMENT
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
(seal)
CITY ACKNOWLEDGMENT
State of California )
) SS.
County of Riverside )
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 (seal)
Contract No. C32210
PERFORMANCE BOND
KNOW ALL MEN BY THESE PRESENTS: That whereas the City of Palm Desert has
awarded to Layfield Environmental Svstems Corporation hereinafter designated as the
"Principal", a contract for:
DESERT WILLOW RESERVOIR COVER REPLACEMENT PROJECT
PROJECT NO. 861-12
CONTRACT NO. C32210
WHEREAS, said Principal is required under the terms of said contract to furnish
a good and sufficient bond for the performance of said contract:
NOW THEREFORE, WE, the
Principal, and as Surety, are held and
firmly bound unto the City of Palm Desert hereinafter called the City, in the penal sum of
two hundred sixtv thousand four hundred seventv-eiqht Dollars ($ 260,478.00), being
100% of the contract amount in lawful money of the United States of America for the
payment of which sum well and truly to be made, we hereby bind ourselves, our heirs,
executors, administrators, and successors, jointly and severally, firmly by these
presents.
THE CONDITION OF THIS OBLIGATION IS SUCH that if the above bounded
Principal, his executors, heirs, administrators, and successors, or assigns, shall in all
things stand to and abide by, and well and truly keep and perform the covenants and
agreements in the said contract and any alterations thereof made as therein provided,
on his or their part, to be kept and perFormed at the time and in the manner therein
specified, and in all respects according to their true intent and meaning, and shall
indemnify and save harmless the City, its officers and agents, as therein stipulated, then
this obligation shall become null and void; otherwise, it shall be and remain in full force
and virtue through the full duration of the warranty period (thirty years).
And the said Surety, for value received, hereby stipulates and agrees that no
change, extension of time, alteration or addition to terms of the contract or to the work to
be performed thereunder or the specifications accompanying the same shall in any wise
affect its obligations on this bond, and it does hereby waive notice of any such change,
extension of time, alterations or additions to the terms of the contract or to the work or
the specifications.
Should it become necessary for the City to institute a lawsuit or any other legal
proceeding to enforce the terms and conditions of this bond, then all costs of said
proceeding, including attorneys' fees, shall be awarded to the prevailing party.
Contract No. C32210
IN WITNESS WHEREOF, identical counterparts of this instrument, each of which
shall for all purposes be deemed an original thereof, have been duly executed by the
Principal and Surety above named, on this day of , 20 .
SURETY
BY:
INSURANCE COMPANY and/or AGENT
ADDRESS
TELEPHONE NUMBER
State of California
County of
On
before me,
PRINCIPAL
:
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
(Seal)
Contract No. C32210
PAYMENT BOND
KNOW ALL MEN BY THESE PRESENTS:
THAT WHEREAS, the City of Palm Desert (sometimes referred to hereinafter as "Obligee") has
awarded to Lavfield Environmental Svstems Corporation (hereinafter designated as the
"CONTRACTOR"), an agreement dated February 14, 2013 described as follows: DESERT WILLOW
RESERVOIR COVER REPLACEMENT PROJECT, PROJECT NO. 861-12, CONTRACT NO.
C32210, (hereinafter referred to as the "Contract"); and
WHEREAS, said CONTRACTOR is required to furnish a bond in connection with said Contract, and
pursuant to Section 9100 of the California Civil Code;
NOW, THEREFORE, we, , the undersigned
CONTRACTOR, as Principal, and a corporation organized and
existing under the laws of the State of , and duly authorized to transact
business under the laws of the State of California, as Surety, are held and firmly bound unto the City
of Palm Desert and to any and all persons, companies or corporations entitled to file stop payment
notices under Section 9100 of the California Civil Code, in the sum of two hundred sixtv thousand four
hundred seventy-eiqht Dollars ($260,478.00), said sum being not less than one hundred percent
(100%) of the total amount payable by the said Obligee under the terms of the said Contract, for
which payment well and truly to be made, we bind ourselves, our heirs, executors and administrators,
successors and assigns, jointly and severally, firmly by these presents.
THE CONDITION OF THIS OBLIGATION IS SUCH, that, if said CONTRACTOR, his or its heirs,
executors, administrators, successors or assigns, or Subcontractors, shall fail to pay for any
materials, provisions or other supplies, implements, machinery or power used in, upon, for or about
the perFormance of the Public Work contracted to be done, or to pay any person for any work or labor
of any kind, or for bestowing skills or other necessary services thereon, or for amounts due under the
Unemployment Insurance Code with respect to such work or labor, or for any amounts required to be
deducted, withheld, and paid over to the Employment Development Department from the wages of
employees of said CONTRACTOR and his or its Subcontractors pursuant to Section 13020 of the
Unemployment Insurance Code with respect to such work and labor as required by the provisions of
Section 9100 et seq. of the Civil Code, or for any amounts required to be deducted, withheld, and
paid over to the Franchise Tax Board or Internal Revenue Service from the wages of employees of
the CONTRACTOR or his or its Subcontractors, the Surety or Sureties hereon will pay for the same in
an amount not exceeding the sum specified in this bond, otherwise the above obligation shall be void.
In addition to the provisions herein above, it is agreed that this bond will inure to the benefit of any
and all persons, companies and corporations entitled to serve stop payment notices under Section
9100 et seq. of the Civil Code, so as to give a right, of action to them or their assigns in any suit
brought upon this bond.
The Surety, for value received, hereby stipulates and agrees that no change, extension of time,
alteration or addition to the terms of the said Contract or to the work to be performed thereunder or
the Specifications accompanying the same shall in any way affect its obligations on this bond, and it
does hereby waive notice of any such change, extension of time, alteration or addition to the terms of
the Contract or to the Specifications.
Contract No. C32210
No final settlement befinreen the Obligee and the CONTRACTOR hereunder shall abridge the right of
any beneficiary hereunder, whose claim may be unsatisfied.
CONTRACTOR and Surety agree that if the Obligee is required to engage the services of an attorney
in connection with the enforcement of the bond, each shall pay Obligee's reasonable attorney's fees
incurred, with or without suit, in addition to the above sum.
IN WITNESS WHEREOF, we have hereunto set our hands and seals this
, 20 .
PRINCIPAL/CONTRACTOR:
(Typed Name of CONTRACTOR)
By:
(Signature)
(Typed Name and Title)
The rate of premium on this bond is $
The total amount of premium charged: $
(the above must be filled in by corporate surety).
SURETY:
(Typed Name of Surety)
By:
(Signature of Attorney-in-Fact)
(Typed Name of Attorney-in-Fact)
per thousand.
day of
IMPORTANT: Surety companies executing bonds must possess a certificate of authority from the
California lnsurance Commissioner authorizing them to write surety insurance defined in Section 105
of the California lnsurance Code, and if the work or project is financed, in whole or in part, with
federal, grant or loan funds, it must also appear on the Treasury Department's most current list
(Circular 570 as amended). THIS IS A REQUIRED FORM.
Any claims under this bond may be addressed to:
(Name, Address and Telephone No. of Surety)
(Name, Address and Telephone No. of agent or representative for service of process in California if
different from above)
Contract No. C32210
Acknowledgment
State of California )
)
County of )
On before me, ,
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 rne 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)
DESERT WILLOW MAINTENANCE FACILITY
38-400 PORTOLA AVENUE
PALM DESERT, CALIFORNIA
APN 620-400-029
RECLAIMED WATER RESERVOIR
APN 620-400-005
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DESERT WILLOW RESERVOIR COVER
REPLACEMENT
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