The URL can be used to link to this page

Home My WebLink AboutR30380 - Perimeter Landscpae Improvement Larkspur Lane and Shadow Mountain DrivePALM DESERT REDEVELOPMENT AGENCY STAFF REPORT REQUEST: AUTHORIZE THE AWARD OF CONTRACT NO. R30380 FOR PROJECT NO. P87110 FOR PERIMETER LANDSCAPE IMPROVEMENTS AT THE NORTHEAST CORNER OF LARKSPUR LANE AND SHADOW MOUNTAIN DRIVE IN THE COMBINED TOTAL BID PRICE OF $42,044.00 TO EARTH SCULPTURES, INC. SUBMITTED BY: Bryce L. White, Project Administrator CONTRACTOR: Earth Sculptures, Inc. 38207 N. Primrose Lane Indio, CA 92203 DATE: January 13, 2011 CONTENTS: Contractor's Proposal Agreement for Contract No. R30380 Location Map Recommendation By Minute Motion: Authorize the award of Contract No. R30380 for Project No. P87110 for Perimeter Landscape Improvements at the Northeast Corner of Larkspur Lane and Shadow Mountain Drive in the Combined Total Bid Price of $42,044.00 to Earth Sculptures, Inc.; and 2. Authorize the Director of Finance to set aside the amount of $4,204.40 as 10% contingency (use of contingency requires additional action); 3. Authorize the Chairman to execute said Agreement for Contract No. R30380; and 4. Appropriate the amount of $50,000 from Unobligated Project Area 1 funds to Account No. 850-4388-433-4001. Executive Summary Approval of staff's recommendation will provide perimeter landscaping along both street frontages at the northeast corner of Larkspur Lane and Shadow Mountain Drive (see attached map). The subject properties are currently used for activities during Fashion Week and other temporary uses throughout the year. The improvements will provide landscaped separation between the unimproved properties and adjoining public streets. Backaround The subject properties are located at the northeast corner of Larkspur Lane and Shadow Mountain Drive (APN 627-262-008 and APN 627-262-011) and are zoned C-1 and R-3 Staff Report Award Contract for Landscape Improvements at Larkspur and Shadow Mountain January 13, 2011 Page 2 of 3 respectively. The properties are located east of The Gardens on El Paseo and total 91,684 square feet in area (2.10 acres). They are the only unimproved properties visible from El Paseo. On July 21, 2010, the Landscape Beautification Committee (LBC) approved the preliminary concept for the proposed improvements. On November 17, 2010, the LBC approved the final plans for the project. On November 18, 2010, the Agency Board authorized the City Clerk to publish a Notice Inviting Sealed Bids for the subject improvements. The proposed 15-foot wide landscaping along both street frontages will provide a visual buffer between the vacant properties and the street. The City's Landscape Services Division prepared the irrigation and landscape plans and will assist the Agency with the project oversight, inspection, and technical review of the installation. The Agency will reimburse the City for staff time. The improvements also include removal of three (3) palm trees in the center of the property for the location of a temporary tent used during Fashion Week. A row of fast-growing Tecoma Stans shrubs will provide a visual buffer of the adjoining residential complex to the east. The Base Bid Price for the aforementioned landscape improvements is $34,044.00. The Additive Alternate Bid Price of $8,000.00 is included in the Combined Total Bid Price and is for elimination of two (2) lengthy curb approaches totaling 250 lineal feet and replacement with curb and gutter. Installation of bollards connected by wire rope at the three (3) remaining curb approaches will limit unauthorized vehicular access to the property. The subject properties are currently used for activities during Fashion Week and other temporary uses throughout the year. The proposed improvements will enhance the aesthetics of the area and will provide a more positive image to the El Paseo shopping district. The proposed improvements are scheduled for completion prior to March 21, 2011, which is the beginning of Fashion Week. The Notice Inviting Sealed Bids was published in the Desert Sun on December 15, 2010 and December 22, 2010. Sealed bids were opened on January 3, 2011, from seven (7) responsive contractors. The results are listed below for the Base Bid Price, Additive Alternate 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 Bid Price. Contractor city Base Bid Price Additive Alternate Bid Price Combined Total Bid Price Earth Sculptures, Inc. I Indio 34,044.00 8,000.00 I 42,044.00 Sierra Landscape Company, Inc. Palm Desert I 35,477.00 I 13,000.00 I 48,477.00 Vintage Associates, Inc. Bermuda Dunes 36,072.00 21,490.00 57,562,00 J America West Landscape, Inc. I Chino I 53,948.84 11,615,00 65,563,84 Atom, Inc. I Hemet I 53,459.00 16,750.00 ' 70,209.00 Desert Concepts Construction, Inc. Kirkpatrick Landscaping Services, Inc. Palm Desert Indio 69,019.00 66,013.71 10,550.00 14,500.00 79,569.00 80,513.71 G VdaWgenda ttemsl201111-13-111Award Contract PenmeterLandscape Larkspur & Shadow Mountain SR 1-13-2011.doc Staff Report Award Contract for Landscape Improvements at Larkspur and Shadow Mountain January 13, 2011 Page 3 of 3 Earth Sculptures, Inc. is the lowest bidder for the Base Bid Price and the Combined Total Bid Price, which includes the Additive Alternate Bid Price. The City's Landscape Department has reviewed the qualifications and bid of Earth Sculptures, Inc. and finds it acceptable. Earth Sculptures, Inc. recently satisfactorily completed perimeter landscape improvements at the northeast corner of Desert Willow Drive and Country Club Drive. Therefore, staff recommends award of Contract No. R30380 to Earth Sculptures, Inc. for the Combined Total Bid Price of $42,044.00. Fiscal Analvsis The Combined Total Bid Price is less than what was estimated for the Base Bid Price only. Funds for this project require appropriation from Unobligated Project Area 1 Funds to Account Number 850-4388-433-4001. The Agency will pay the cost to maintain the improvements of approximately $6,500 per year until an ultimate disposition of the property is determined. There will be no fiscal impact on the General Fund. Submitted By: B c hit( I IN Project Administrator ence Knight Landscape Manager Department ead: t tin McCarthy, ACM RedeveI pment Apprgval: S. Gibson, Director of Finance M. Wohlmuth, Executive Director rrtin Alvarez, Redevelopment Manager BY RDA '5`0 ON 1 �3, - 5CID Il VERIFIED BY 0 Original on file. with City _. k'C3 Otf,,lt, G VdalBryce WhitelPenmiter Landscape Larkspur -Shadow Mtnl4ward Contract Perimeter Landscape Larkspur & Shadow Mountain SR 1-13-2011.doc SECTION 00030 CONTRACTOR'S PROPOSAL FOR PERIMETER LANDSCAPE IMPROVEMENTS AT THE NORTHEAST CORNER OF LARKSPUR LANE AND SHADOW MOUNTAIN DRIVE CONTRACT NO. R30380 TO: Palm Desert Redevelopment Agency DATE: January 3, 2011 BIDDER: Earth Soul ptnrPq _ Tnr _ "Contractor' The UNDERSIGNED, "Contractor", having carefully examined the site and the Contract Documents for the PERIMETER LANDSCAPE IMPROVEMENTS AT THE NORTHEAST CORNER OF LARKSPUR LANE AND SHADOW MOUNTAIN DRIVE, Contract No. R30380, hereby proposes to construct the work in accordance with the Contract Documents, including Addenda No(s). 1 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. 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 23 Palm Desert Redevelopment Agency Contractor's Proposal Perimeter Landscape Larkspur/Shadow Mtn. 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. Mobilization Clearing and Grubbing 3 Earthwork and Grading 4 Boulders, "Cresta" 3' dia. (C) 5 Boulders, "Cresta" 4' dia. (B) 6 Boulders, "Cresta" 5' dia. (A) 3/8" M' I nic M"IchlDecom osed SF 20,500 SF 20,500 Ea 11 Ea 8 Ea 7 $ r%,16 $ �,121 0, 00 $/.'O.OL' $ �610' 00 0-010c $105-0100 Inns norga p Granite "Brimstone" w/11% fines, 1" SF 12,500 $ 0, s 2 $ /000 00 7 depth after compaction I 8 Irrigation system g y I LS 1 $ $ $ �� $ 9 Agave Americana, 15 gallon Ea 14 $6 3 OG $ Callistemon vimimalis 'Little John', 5 1 14 1$50?,06. 10 gallon I Ea 11 Tecoma stans 5 gallon Ea 17 $ fig, 00 I $ 3�2y, 00 12 Eremophyla masulata `Summertime Blue' 5 gallon 9 Ea 21 $ �, 00 Is *. , 06 13 Bollard / Chain 3 locations I Ea 3 $%, 0 5--a, ` $,/OT, 0 0 I Maintenance and Establishment Period, ` I LS 1 $�Y ZO 67V $,11"20' 00 29 90 days Total Lump Sum Base Bid Price Items 1 through 29, inclusive, and all work and materials incidental and connected therewith. thereto and � � yr qk� ��('.t" (In (In Words) �FigureCs/) $3 0 �13 OU 24 Palm Desert Redevelopment Agency Contractor's Proposal Perimeter Landscape Larkspur/Shadow Mtn. Section 00030 r 1 I Remove and install new curb /qutter LF 1250 I $ . ob I $ 0, 000. oo Additive Alternate Bid Price Item 1 and all work and materials incidental thereto and connected therewith. E i i-141 Ul�� Coo /14!'S (In Figures) /� (in Words) $ (� 000, bU 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: By: l L�1c7 Sig ature Title: Owner, Earth Sculptures, Inc. Contractor Attest by: A • aaac. t , , Notary Public in and for said County and State Title: 25 Palm Desert Redevelopment Agency Perimeter Landscape Larkspur/Shadow Mtn. Contractor's Proposal Section 00030 IN WITNESS WHEREOF Contractor executed this proposal as of date set forth on Page 13: By: 1 �Mr J Si at e Title: �� Contractor State of California }SS 3 County of :Rwt.L.s1aE } On —2 20 to, before me, 0 n 2 sonaa Notary Public, perlly appeared �,y AAA own. who proved to me on the basis of satisfactory evidence to be the person(s'� whose name{ is/acre subscribed to the within instrument and acknowledged to me that he/she/t executed the same in hi'&/her/tlie+r authorized capacity(ies), and that by #Wher/the4signature(s) on the instrument the person(sj; or the entity upon behalf of which the person( 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 o cial seal. Signature ***END OF SECTION*** 26 Palm Desert Redevelopment Agency Perimeter Landscape Larkspur/Shadow Mtn. J A. OB0ICO A COMM.01853283 z I notary Public • California o z Riws* County My Comm. Expires Jun. 9, 2D13 � Contractor's Proposal Section 00030 SECTION 00100 AGREEMENT FOR PERIMETER LANDSCAPE IMPROVEMENTS AT THE NORTHEAST CORNER OF LARKSPUR LANE AND SHADOW MOUNTAIN DRIVE CONTRACT NO. R30380 THIS AGREEMENT is made and entered into this 13th day of January, 2011, by and between Palm Desert Redevelopment Agency, California, hereafter called "Owner" and Earth Sculptures, Inc. hereinafter called "Contractor". WITNESSETH RECITALS: Contractor has submitted to Owner its Contractor's Proposal for the construction of Owner's Project, PERIMETER LANDSCAPE IMPROVEMENTS AT THE NORTHEAST CORNER OF LARKSPUR LANE AND SHADOW MOUNTAIN DRIVE, CONTRACT NO. R30380,, in strict accordance with the Contract Documents identified below, Owner has accepted said Proposal. 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 000301; (d) Information Required of Bidder [Section 00040]; (e) Subcontractors List [Section 000501; (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 00200]; (1) Special Insurance Endorsement [Section 00300]; (m) Faithful Performance Bond [Section 004001; (n) Payment Bond [Section 00500]; (o) Workers' Compensation Insurance Requirements [Section 00600]; (p) General Specifications [Division 011; (q) General Special Provisions [Division 02]; (r) Construction Materials [Division 102];(s) Construction Methods [Division 1031; (t) Construction Drawings; (u) Addenda Nos. 1 ; (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. 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 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 "Palm Desert Redevelopment Agency" 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 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. 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 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: Title: Chairman PDRDA 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 Approved as to Form: David J. Erwin, City Attorney LARKSPUR LANE & SHADOW MOUNTAIN DRIVE PERIMETER LANDSCAPE DATE: ■ e 12/2010 VICINITY MAP