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HomeMy WebLinkAboutR29260 - DW Landscp Imprvmnts @ DW Dr. & Country Club Dr.Contract No. R29260 PALM DESERT REDEVELOPMENT AGENCY STAFF REPORT REQUEST: AUTHORIZE THE AWARD OF CONTRACT NO. R29260 FOR THE DESERT WILLOW LANDSCAPE IMPROVEMENTS AT THE CORNER OF DESERT WILLOW DRIVE AND COUNTRY CLUB DRIVE WITH EARTH SCULPTURES INC. IN THE COMBINED TOTAL BID AMOUNT OF $103,409.95 SUBMITTED BY: Bryce L. White, Project Administrator CONTRACTOR: Earth Sculptures, Inc. 38-207 N. Primrose Lane Indio, CA 92203 DATE: February 11, 2010 CONTENTS: Contractor's Proposal Agreement for Contract No. R29260 Location Map Recommendation By Minute Motion: Authorize Award of Contract No. R29260 for the Desert Willow Landscape Improvements at the corner of Desert Willow Drive and Country Club Drive with Earth Sculptures, Inc. in the Combined Total Bid Amount of $103,409.95; and 2. Authorize the Director of Finance to set aside the amount of $10,341.00 as 10% contingency (use of contingency requires additional action); and 3. Authorize the Chairman to execute said Agreement for Contract No. R29260. Funds are available in the Desert Willow Drive Landscape Upgrades (2009-10), Account No. 851-4388-433-4001. Executive Summary Approval of staff's recommendation will provide perimeter landscaping improvements along both street frontages of Agency property located at the northeast corner of Country Club Drive and Desert Willow Drive (see attached map). The southern portion of the property is being temporarily used for special event overflow parking for employees by J.W. Marriott Desert Springs Resort and Spa. The improvements to the perimeter landscaping will harmonize with the existing landscape along the west side of Desert Willow Drive and provide enhanced landscaped separation between the temporary parking area and adjoining public streets. Staff Report Authorize Award of Contract No. R29260 for the Desert Willow Landscape Improvements February 11, 2010 Page 2 of 3 Backaround The subject property is at the northeast corner of Country Club Drive and Desert Willow Drive adjacent to Desert Springs Marketplace to the east. The southern portion of the property is being temporarily used for special event overflow parking for employees by J.W. Marriott Desert Springs Resort and Spa per agreement dated October 25, 2007. Hermann & Associates were selected to provide professional landscape architectural services to improve the perimeter landscaping along Country Club Drive and Desert Willow Drive along both street frontages per the proposal dated September 24, 2008. On January 21, 2009, the plans were reviewed and approved by the Landscape Beautification Committee. On September 24, 2009, the City Council authorized advertising and calling for sealed bids. The property currently has limited perimeter landscaping along Country Club Drive and Desert Willow Drive. The proposed landscape improvements will blend and complement the existing landscape. along the west side of Desert Willow Drive leading into the Desert Willow Golf Resort. The additional perimeter landscaping and plant materials will provide enhanced landscaped separation between the temporary parking area and surrounding streets. The proposed plant palette will be similar to the palette along the west side of Desert Willow Drive, which includes additional mounding and contours with boulders. The existing trees along Country Club Drive and other plants will be kept wherever possible. Some of the trees removed as a result of the Westin Starwood Project will be relocated to this project along with additional trees to screen the parking area. Four landscaped pedestrian paths will connect the parking area to the streets. An alternative additional bid item will provide a rustic wood or composite split rail and post fence similar to the overflow parking area of Desert Willow Clubhouse. Sealed bids were opened on January 29, 2010, from 14 contractors. The results are listed below for the Total Lump Sum Base Bid Price, Additive Alternate Bid Price and the Combined Total Bids. The order of consideration of bids is: (1) Total Lump Sum Base Bid Price and (2) Total Lump Sum Base Bid Price including the Additive Alternate Bid Price. Desert Willow Landscape Improvement Project OPENING BID LIST Corner of Desert Willow Drive and Country Club Drive Total Lump Sum Additive Alternate Combined Bidders Company Name Base Bid Price Bid Price Total Bids Earth Sculptures Inc. Marina Landscape Inc. Proseed Landscape & Irrigation Sierra Landscape Clean Cut Landscape Teserra Diversified Landscape Management Inc. Candyl Golf Group Inc. Kubley Golf Course Construction Inc. Doug Wall Construction Inc. Desert Concepts America West Landscape Inc. Dateland Construction Company Inc. Hernandez Landscape Company, Inc. $ 93,609.95 $ 9,800.00 $ 103,409.95 $ 95,298.12 $ 21,070.00 $ 116,368.12 $ 98.955.65 $ 14,270.00 $ 113,225.65 $ 99,994.00 $ 15,680.00 $ 116,674.00 $ 101,939.84 $ 14,700.00 $ 116,639.84 $ 126,167.60 $ 22,540.00 I $ 148,707.60 $ 129,597.48 $ 15,435.00 $ 145,032.48 $ 130,549.46 $ 13,573.00 $ 144,122.46 $ 137,725.09 $ 9,192.40 $ 146,917.49 $ 145,872.00 $ 13,000.00 $ 158,872.00 $ 173,570.60 $ 8,820.00 $ 182,390.60 $ 175,711.59 $ 62,083.00 $ 237,794.59 $ 189,947.71 $ 24,500.00 $ 214,447.71 $ 199,466.30 $ 11,760.00 $ 211,226.30 G \rdaWgenda Items\2-11-10Wward for DW Landscape Improvements Contract 021110.doc Staff Report Authorize Award of Contract No. R29260 for the Desert Willow Landscape Improvements February 11, 2010 Page 3 of 3 Earth Sculptures, Inc. is the lowest bidder for the Total Lump Sum Base Bid Price and the Combined Total Bids including the Additive Alternate Bid Price. Earth Sculptures, Inc. has satisfactorily completed other contracts with the City and Agency including the Desert Willow Mountain View course renovation. The City's Landscape Department has reviewed the bids and finds them acceptable to proceed. The Landscape Department will assist the Agency with the project oversight, inspection, and technical review of the installation. The Agency will reimburse the City for staff time. Therefore, staff recommends award of contract to Earth Sculptures, Inc. for the Combined Total Bid Price of $103,409.95. Fiscal Analvsis The construction cost for this project has been considered and are reasonable. Funds from this project are available and budgeted in the amount of $170,000.00 in Fund 851-4388-433-4001. The Agency will pay the cost to maintain the improvements of approximately $15,000.00 per year until an ultimate disposition is determined. There is no fiscal impact on the General Fund. Submitted By: B c . W te, roject Administrator 1. Spencer ight, L� dscape Manager ,, rtin Alvarez, Redevelopment Manager 44 - 6z ON a 11 BY RDA C3 ()l U Department Head: VERIFIED BY L Original on file with City CI rk's Office J tin cCarthy, ACM Redevelopment }q rov I• \_ Paul S. Gibson, Director of Finance Jol?,n girl. Wohlmuth, Executive Director G:kdaWgenda Itemsl2-11-10Wward for DW Landscape Improvements Contract 021110.doc SECTION 00030 CONTRACTOR'S PROPOSAL FOR DESERT WILLOW LANDSCAPE IMPROVEMENTS CORNER OF DESERT WILLOW DRIVE AND COUNTRY CLUB DRIVE CONTRACT NO. R-29260 TO: palm Desert Redevelopment Agency DATE: January 29,2010 BIDDER: Earth Sculptures Inc "Contractor" The UNDERSIGNED, "Contractor", having carefully examined the site and the Contract Documents for the construction of DESERT WILLOW LANDSCAPE IMPROVEMENTS, CORNER OF DESERT WILLOW DRIVE AND COUNTRY CLUB DRIVE, Contract No. R-29260, hereby proposes to construct the work in accordance with the Contract Documents, including Addenda No(s). 1 & 2 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 sixty (60) 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. 5. That the accompanying certified or cashier's check or Bid Bond constitutes a guarantee that if awarded the contract, Contractor will execute the Agreement and deliver the required bonds and certificates of insurance within ten (10) days after notice of award. If Contractor fails to execute and deliver said documents, the check or bond is to be charged with the costs of the resultant damages to Owner, including but not limited to publication costs, the difference in money between the amount bid and the amount in excess of the bid which costs Owner to do or cause to be done the work involved, lease and rental costs, additional salaries and overhead, increased interest and costs of funding the project, attorney Palm Desert Redevelopment Agency Contractor's Proposal DW Landscape Improvements 23 Section 00030 expense, additional engineering and architectural expense and cost of maintaining or construction alternate facilities occasioned by the failure to execute and deliver said documents. It is understood that the quantities shown hereon, except for those quantities marked "Lump Sum", are but estimates and the final payment will be based upon the actual work performed, subject to such adjustment and alterations as elsewhere provided herein. 1 Mobilization LS 1 $ 3, 2 0 0 $ 3,200 2 Clearing and Grubbing SF 38,317 $ 0.10 $ 3 , 8 31 .70 3 Earthwork and Grading SF 38,317 $ 0.15 $ 5 , 7 4 7.5 5 (Amount of fill needed) CY 795 $ 6.0 0 $ 4,770.00 3"-6" Cobble, "Cresta" in meandering areas per plans, details and 4 specifications. SF 2,967 $1 .50 $ 4,450.50 5 Steel Header LF 1343 $ 5.00 $6 , 71 5.0 0 Up Lights by BK Lighting — Furnish and install per local code, City to provide 6 Elec. POC Ea 5 $875.00 $ 4, 375.00 7 Boulders, "Cresta" 2' dia. (C) Ea 22 $ 7 2.0 0 $ 1 1,584.00 8 Boulders, "Cresta" 3' dia. (B) Ea 18 $9 5.0 0 $1 , 710.00 9 Boulders, "Cresta" 4' dia. (A) Ea 9 $1 4 0 .0 0 $1 , 260.00 318" Minus Inorganic Mulch/Decomposed Granite "Brimstone" w/11 % fines, 2" 10 depth after compaction SF 37,688 $ 0.4 0 $ 15, 07 5.2 0 3/8" Minus Inorganic Decomposed Granite — P.S. Gold with 10% stabilizer, 11 3" depth after compaction SF 1,630 $ 3.0 0 $ 4 , 8 9 0.0 0 12 Irrigation system LS 1 $1 9, 5 3 0 $1 9, 5 3 0 13 Agave Americana, 5 gallon Ea 12 $ 2 0.0 0 $ 240.00 14 Baileya Multiradiata, 1 gallon Ea 90 $ 10.00 $ 9 0 0.0 0 Palm Desert Redevelopment Agency Contractor's Proposal DW Landscape Improvements 24 Section 00030 15 Yucca Whipplei, 5 gallon Ea 33 $ 2 0.0 0 $ 660.00 16 Bougainvillea hybrid La Jolla, 5 gallon Ea 66 $18.0 0 $ 1,188.00 17 Coreopsis Lanceolata, 1 gallon Ea 12 $10.0 0 $ 120.00 18 Dasyiirion Wheeled, 5 gallon Ea 39 $1 5.0 0 $ 585.00 19 Echinocactus Grusonii, 10" diameter Ea 16 $ 2 5.0 0 $ 400.00 20 Encelia Califomica, 5 gallon Ea 126 $15.0 0 $ 1 , 890.00 Fouquieria Splendens, 10-12 cane, 21 7'-8' height Ea 34 $ 4 9. 0 0 $ 1 , 666.00 22 Justicia Spicigera, 5 gallon Ea 27 $ 1 6.0 0 $ 432.00 23 Lantana `New Gold', 5 gallon Ea 52 $ 1 5. 0 0 $ 780.00 24 Larrea Tridentata, 5 gallon Ea 33 $ 2 0.0 0 $ 660.00 25 Mediterranean Fan Palm 24" box Ea 3 $ 2 3 0.0 0 $ 690.00 Yucca 36" box 26 Provided by the City LS 4 $1 5 0.0 0 $ 600.00 27 Chilopsis Linearis, 15 gallon Ea 26 $ 6 0.0 0 $ 1,560.00 28 Pithecellobium Pallens, 24" box Ea 5 $ 3 2 0.0 0 $ 1,600.00 Maintenance and Establishment Period, 29 90 days LS 1 $ 2, 500 $ 2, 500.00 Total Lump Sum Base Bid Price Items 1 through 29, inclusive, and all work and materials incidental thereto and connected therewith. (in Figures) Ninety-three thousand six hundred & nine dollars & 95/100 (in Words) $ 93, 609.95 Furnish and Install Wood Post and Rail ILF 1980 1$10.00 1 Fence $ 9, 8 0 0.0 0 Additive Alternate Bid Price Items 1 and all work and materials incidental thereto and connected therewith. (In Figures) Nine thousand eight hundred dollars & 00/100 1 (In Words) $ 9,800.00 Palm Desert Redevelopment Agency Contractor's Proposal DW Landscape Improvements 25 Section 00030 The costs of any work shown or required in the Plans and Specifications, but not specifically identified as a Pay Item are included in the related Pay Item(s), and no additional compensation shall be due Contractor by virtue of Contractor's compliance with the Plans and Specifications. A 90-Day Maintenance Period will be required for this area. Total Lump Sum Base Bid Price and Additive Alternate Bid Price must be filled in and completed in figures and words. If a bidder fails to provide pricing for Additive Alternate, the bid will be considered non -responsive. The order of consideration of bids will be as follows: 1. The Total Lump Sum Base Bid Price 2. The Total Lump Sum Base Bid Price and the Additive Alternate Bid Price. IN WITNESS WHEREOF Contractor executed this proposal as of date set forth on Page 11: �Signatur� �a Title: Contractor Attest by: ,f 0, ., z Notary P lic in and ffifr said County and State Title: r y A bL j �! State of California ` U County of Riverside Subscribed and sworn to (or affirmed) before me on this _ da of ���/ , 20 0 by � -A* or proved to me on the basis of satisfa ry evidence to be the person(s) who appeared before me. (Seal) Signature * (ND OF SECTION*** � - - - - � � r SUZANNEPO Commission#1657389 Gi:-� Notary Public - California Riverside County Mr Comm. Expires Jul 11, 2013 Palm Desert Redevelopment Agency Contractor's Proposal DW Landscape Improvements 26 Section 00030 SECTION 00100 AGREEMENT FOR DESERT WILLOW LANDSCAPE IMPROVEMENTS CORNER OF DESERT WILLOW DRIVE AND COUNTRY CLUB DRIVE CONTRACT NO. R-29260 THIS AGREEMENT is made and entered into this day of , 20 , by and between Palm Desert Redevelopment Agency, California, hereafter called "Owner" and hereinafter called "Contractor". WITNESSETH RECITALS: Contractor has submitted to Owner its Contractor's Proposal for the construction of Owner Project, 1. DESERT WILLOW LANDSCAPE IMPROVEMENTS, CORNER OF DESERT WILLOW DRIVE AND COUNTRY CLUB DRIVE. CONTRACT NO. R-29260, 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) 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 001001; (k) Liability and Insurance Requirements [Section 002001; (1) Special Insurance Endorsement [Section 00300]; (m) Faithful Performance Bond [Section 00400]; (n) Payment Bond [Section 00500]; (o) Workers' Compensation Insurance Requirements [Section 00600]; (p) General Specifications [Division 01000]; (q) General Special Provisions [Division 10000); (r) Construction Materials [Division 10200); (s) Construction Methods [Division 10300]; (t) Construction Drawings; (u) Addenda Nos. ; (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. Palm Desert Redevelopment Agency Agreement DW Landscape Improvements 39 Section 00100 Contract No. R29260 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 ninety (90) calendar days from the Notice to Proceed date 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 "Palm Desert Redevelopment Agency" in place of "City." Liquidated damages shall be five hundred dollars ($500.00) 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 attorneys 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 Palm Desert Redevelopment Agency. Any delay or postponement of payment from the above referenced time frame may occur only for good cause following written approval of the Palm Desert Redevelopment Agency. Palm Desert Redevelopment Agency Agreement DW Landscape Improvements 40 Section 00100 Contract No. R29260 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 By: Signature to be notarized Attest By: OWNER By: Signature to be notarized Attest By: Rachelle Klassen Approved as to Form: Title: Title: Title: Chairman PDRDA Title: Palm Desert Citv Clerk David J. Erwin, City Attorney ***END OF SECTION*** Palm Desert Redevelopment Agency Agreement DW Landscape Improvements 41 Section 00100 M A R K E T P L DESERT W I L L OW D R COUNTRY CLUB DRDESERT WI L L OW DRM A R K E T P L DESERT W I L L OW D R COUNTRY CLUB DRDESERT WI L L OW DRDate: 8/2009 LOCATOR MAP N.E. Corner Desert Willow Dr & Country Club Dr I1 inch = 135 feet VICINITY MAP Agency Owned(Vacant Commercial) Agency Owned(Temporary Parking Area)