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Date: November 16, 2011 CONSENT CALENDAR
Subject: DEMUTH COMMUNITY CENTER GARDEN, CITY PROJECT 11-03
From: David H. Ready, City Manager
Initiated by: Public Works and Engineering Department, Office of Sustainability
SUMMARY
The Palm Springs Path to a Sustainable Community recommended a community
garden pilot project as a key sustainability initiative. Approval of this contract will allow
staff to proceed with construction of a community garden at the Demuth Community
Center.
RECOMMENDATION:
1) Reject the bid protests submitted by Braughton Construction, Inc., and determine
the bid submitted by Leon's Landscaping & Tree Service, Inc., as the lowest,
responsive bid; and
2) Approve Agreement No. in the amount of $67,918.75 with Leon's
Landscaping & Tree Service, Inc., for the Demuth Community Center Garden,
City Project 11-03; and
3) Authorize the City Manager to execute all necessary documents.
STAFF ANALYSIS:
The Palm Springs Path to a Sustainable Community recommended a community
garden pilot project as a key sustainability initiative. To initiate this task, staff members
who serve on the internal City Green Team formed a subcommittee to compile ideas,
develop conceptual design, facilitate public input and solicit construction drawings.
The Office of Sustainability procured the services of TKD Associates to develop a
landscape and irrigation plan for the site and provide a complete set of construction
drawings. The design was developed based on examples of community garden
projects already completed within the Coachella Valley, community recommendations
and the site available for development. The Demuth Park Community Center location
ITEM NO. �C—
City Council Staff Report
November 16, 2011 -Page 2
Demuth Community Center Garden (CP 11-03)
was chosen based on demographics, community interest, site availability, and proximity
to services such as lighting, restroom facilities, and parking.
At the April and May 2011 Sustainability Commission meetings the Sustainability
Commission reviewed the conceptual design for the Demuth Community Garden,
provided positive feedback and requested that staff execute the project.
On July 6, 2011, the City Council reviewed and approved the conceptual design for the
Demuth Community Garden, and authorized staff to proceed with bidding. On August
11 and 18, 2011, the project was advertised for bids, and at 3:00 p.m. on September 13,
2011, the Procurement and Contracting Division received construction bids from the
following contractors:
1. Leon's Landscaping &Tree Service, Inc.; Indio, CA: $67,918.75
2. Soholt & Company Landscape, Inc.; Riverside, CA: $85,366.20
3. Desert Concepts Construction, Inc.; Palm Desert, CA: $90,094.69
4. Tryco General Engineering; Lake Arrowhead, CA: $97,725.50
5. Braughton Construction, Inc.; Rancho Cucamonga, CA: $114,760.88
6. Moalej Builders, Inc.; Sherman Oaks, CA: $129,401.17
7. AToM Engineering Construction, Inc.; Hemet, CA: $137,398.00
8. G&M Construction, Inc.; Palm Springs, CA: $152,630.00
9. JDC Inc.; Rancho Cucamonga, CA: $159,044.00
10.Ted Enterprises, Inc.; San Clemente, CA $173,900.00
11.Earth Sculptures, Inc.; Indio, CA: $200,114.40
The engineer's estimate was $80,000.
On September 14, 2011, one of the bidders (Braughton Construction) submitted bid
protests requesting the City to determine the apparent low bidder non-responsive for not
submitting its bid on yellow paper as required by the specifications; for not identifying
the percentage of work the bidder is self-performing; and for not demonstrating a good
faith effort to find local hires in accordance with the City's Local Business Preference
Program. Staff reviewed the bid protests and determined that the bid protests were
without merit, and that any bid irregularity was immaterial to the apparent low bidder's
bid. On September 20, 2011, Braughton Construction was advised that staff would
recommend that the City Council deny the bid protests and award a contract to Leon's
Landscaping & Tree Service as the lowest, responsive bidder (see copy of letter,
Attachment 1).
Local Business Preference Compliance
Section 7.09.030 of the Palm Springs Municipal Code, "Local Business Preference
Program," requires prime contractors to use good faith efforts to sub-contract the supply
of materials and equipment to local business enterprises and to sub-contract services to
businesses whose work force resides within the Coachella Valley; submission of good
O2
City Council Staff Report
November 16, 2011 - Page 3
Demuth Community Center Garden (CP 11-03)
faith efforts is required. Of the 11 bids received, four are from a prime contractor
located within the Coachella Valley, including the low bidder, Leon's Landscaping &
Tree Service. Therefore, it is staffs determination that the prime contractor has
demonstrated compliance with the Local Business Preference Program.
The company is a California corporation, and its officers are: Serafin Leon, President;
Maria C. Leon, Secretary; and Juan Murillo, Superintendent.
FISCAL IMPACT:
Sufficient funding is available in account 420-6800-57021. No local miscellaneous
General Funds are being used for this project.
SUBMITTED:
AIL
Michele Mician, Manager David J. Barakian
Office of Sustainability Director of Public Works/City Engineer
Approved by:
Thomas J. son, Asst. City Manager David H. Read Manager
Attachments:
1. Bid Protest Response Letter
2. Agreement
03
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Department of Public Works and Engineering
„�' : 3200 East Tahquitz Canyon Way•Palm Springs,California 92262
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1 September 20, 2011
Mr. Gilbert Abel Via Facsimile.. (909)481 6136
- Braughton Construction - -Via-E Mail �ilbertobrau_ghtonconstruction:com
- -- —._._ --- ---- ---
10722 Arrow Rte Ste 810
Rancho Cucamonga, CA 91730
Re: Demuth Community Center Garden,City Project 11.03
Bid Protests of September 14, 2011
Dear Mr. Abel,
On September 13, 2011, Leon's Landscaping &Tree Service, Inc. ("Leon's") submitted a bid in
response to the City of Palm Springs' ("City") call for bids for the above-referenced project.
After an initial review, Leon's was the apparent low-bidder. Subsequently, on September 14,
2011, the apparent fifth low-bidder, Braughton Construction, Inc. ("Braughton"), submitted three
protest letters (the "bid protest") requesting that Leon's bid be rejected by the City as non-
responsive to the bid specifications. The bid protest is considered a timely filed bid protest in
accordance with Chapter 7.08 of the Palm Springs Municipal Code, and has identified the
following three issues with regard to the apparent low bid submitted by Leon's:
1) Bid document (Bid Forms), page 1, fully state that the bid form must be reproduced on
colored paper. Further details were given to provide yellow paper.
2) Bid document(Bid Forms), page 6, fully state that the bidder shall not perform less that 50%
of the work identified in this bid and must write in the amount on this page.
3) Bid document (Bid Forms), page 8 & 9, fully state that the awarded bidders make available
work for local contractors. If they are not able to find any local hires, they shall demonstrate
a good faith effort
The City has thoroughly reviewed the bid submitted by Leon's and City staff has found that
Leon's bid is responsive to the bid specifications for the following reasons:
Regarding item 1 (that Leon's bid was.not submitted on yellow paper), it is our determination
that this oversight is a minor irregularity and is immaterial to the completeness and
responsiveness of Leon's bid.
Regarding item 2 (to verify if Leon's bid identified the amount of work if self-performs), we
acknowledge that Leon's bid did not identify the amount of work as requested on the bid form,
however, the form.lists two subcontractors from which we are able to identify and confirm that
the low bidder intends to self-perform at least 50% of the work as required by the specifications.
Therefore, it is our determination that this oversight is a minor irregularity and is immaterial to
the completeness and responsiveness of Leon's bid.
04
Mr.Gilbert Abel
i September 20, 2011
Page 2
Regarding item 3 (to verify if Leon's bid demonstrates compliance with the City's Local Business
Preference Program rProgram']), we have determined that Leon's bid complies with the
Program, and that no bid irregularity exists.
As requested in the bid protest, a copy of Leon's bid is enclosed for your reference.
i
With no other bid irregularities which would-otherwise be-considered-material to the bid; it is our
.-
__— �nteotiob-tosbhedule-awatd:outKle conrracffo7the:apparerSt=low bidderat_ h.e-O.dotierb-.20.11,
City Council meeting. This determination has been made in accordance with Paragraph N-3(a)
'Award of Contract"of the Notice Inviting Bids for this project,which states:
The City reserves the right after opening bids to reject any or all bids, to waive any
informality (non-responsiveness) in a bid, or to make award to the lowest responsive,
responsible bidder, and reject all other bids, as it may best serve the interest of the City.
Although your bid protest did not request an appeal before the City Council, it is your right to
request an appeal of our decision to recommend award to the apparent low bidder to the City
Council in accordance with Chapter 2.05 of the Municipal Code. If you request an appeal, I
...........
must receive notice of your request within 5 working days of the date of this letter(or September
27, 2011). If you have any questions, please feel free to contact me at (760) 323-8253,
extension 8744, or by e-mail at Marcus.Fuller@palmspdngsca.gov.
Sincerely,
Marcus L. Fuller, P.E., P.L.S.
Assistant Director of Public Works/
Assistant City Engineer
cc: Craig Gladders
file
05
AGREEMENT
THIS AGREEMENT made this day of in the year 20_, by and
between the City of Palm Springs, a charter city, organized and existing in the County of
Riverside, under and by virtue of the laws of the State of California, hereinafter designated as
the City, and Leon's Landscaping & Tree Service. Inc., a California corporation ,hereinafter
designated as the Contractor.
The City and the Contractor, in consideration of the mutual covenants hereinafter set forth, agree
as follows:
ARTICLE 1 —THE WORK
The Contractor shall complete the Work as specked or indicated under the Bid Schedule(s) of
the City's Contract Documents entitled:
DEMUTH COMMUNITY CENTER GARDEN
CITY PROJECT NO. 11-03
The Work is generally described as follows:
Construction of a new community garden facility next to the Demuth Community Center in Palm
Springs. Work includes clearing and grading of site, installation of an irrigation system, furnishing
and installing plants and landscaping, installation of furniture, construction of concrete walkways,
construction of precision block planter bins, installation of wrought iron and chain link fence, and
all appurtenant work.
ARTICLE 2 -- COMMENCEMENT AND COMPLETION
The Work to be performed under this Contract shall commence on the date specified in the
Notice to Proceed by the City, and the Work shall be fully completed within the time specified in
the Notice to Proceed.
The City and the Contractor recognize that time is of the essence of this Agreement, and that the
City will suffer financial loss if the Work is not completed within the time specified in Article 2,
herein, plus any extensions thereof allowed in accordance with the applicable provisions of the
Standard Specifications, as modified herein. They also recognize the delays, expense, and
difficulties involved in proving in a legal proceeding the actual loss suffered by the City if the
Work is not completed on time. Accordingly, instead of requiring any such proof, the City and the
Contractor agree that as liquidated damages or delay (but not as a penalty), the Contractor shall
pay the City the sum of$792 for each calendar day that expires after the time specified in Article
2, herein.
06
DEMUTH COMMUNITY CENTER GARDEN
CITY PROJECT NO.11-03 AGREEMENT FORM
August 4,2011 AGREEMENT AND BONDS-PAGE 1
ARTICLE 3 -- CONTRACT PRICE $67,918.75
The City shall pay the Contractor for the completion of the Work, in accordance with the Contract
Documents, in current funds the Contract Price(s) named in the Contractor's Bid and Bid
Schedule(s).
ARTICLE 4 --THE CONTRACT DOCUMENTS
The Contract Documents consist of the Notice Inviting Bids, Instructions to Bidders, the accepted
Bid and Bid Schedule(s), List of Subcontractors, Non-collusion Affidavit, Bidder's General
Information, Bid Security or Bid Bond, this Agreement, Worker's Compensation Certificate,
Performance Bond, Payment Bond, Standard Specifications, Special Provisions, the Drawings,
Addenda numbers 01 to 01, inclusive, and all Change Orders and Work Change Directives
which may be delivered or issued after the Effective Date of the Agreement and are not attached
hereto.
ARTICLE 5 — PAYMENT PROCEDURES
The Contractor shall submit Applications for Payment in accordance with provisions of the
Standard Specifications as amended by the Special Provisions. Applications for Payment will be
processed by the Engineer or the City as provided in the Contract Documents.
ARTICLE 6 -- NOTICES
Whenever any provision of the Contract Documents requires the giving of a written Notice, it
shall be deemed to have been validly given if delivered in person to the individual or to a
member of the firm or to an officer of the corporation for whom it is intended, or if delivered at or
sent by registered or certified mail, postage prepaid, to the last business address known to the
giver of the Notice.
ARTICLE 7 — MISCELLANEOUS
Terms used in this Agreement which are defined in the Standard Specifications and the Special
Provisions will have the meanings indicated in said Standard Specifications and the Special
Provisions. No assignment by a party hereto of any rights under or interests in the Contract
Documents will be binding on another party hereto without the written consent of the party
sought to be bound; and specifically, but without limitation, monies that may become due and
monies that are due may not be assigned without such consent (except to the extent that the
effect of this restriction may be limited by law), and unless specifically stated to the contrary in
any written consent to an assignment, no assignment will release or discharge the assignor from
any duty or responsibility under the Contract Documents.
The City and the Contractor each binds itself, its partners, successors, assigns, and legal
representatives, to the other party hereto, its partners, successors, assigns, and legal
representatives, in respect of all covenants, agreements, and obligations contained in the
Contract Documents.
07
DEMUTH COMMUNITY CENTER GARDEN
CITY PROJECT NO. 11-03 AGREEMENT FORM
August 4,2011 AGREEMENT AND BONDS-PAGE 2
IN WITNESS WHEREOF, the City and the Contractor have caused this Agreement to be
executed the day and year first above written.
APPROVED BY THE CITY COUNCIL:
ATTEST:
CITY OF PALM SPRINGS,
CALIFORNIA Date
By Agreement No.
City Clerk
APPROVED AS TO FORM:
By
City Attorney
Date
CONTENTS APPROVED:
By
City Engineer
Date
BY
City Manager
Date
08
DEMUTH COMMUNITY CENTER GARDEN
CITY PROJECT NO.11-03 AGREEMENT FORM
August 4,2011 AGREEMENT AND BONDS-PAGE 3
Corporations require two notarized signatures: One signature must be from Chairman of Board, President, or any
Vice President. The second signature must be from the Secretary, Assistant Secretary, Treasurer, Assistant
Treasurer,or Chief Financial Officer.
CONTRACTOR: Name: Leon's Landscaping R Tree Service, Inc. Check one:_Individual_Partnership X Corp
Address: 81500 Industrial Place
Indio CA 92201
By: By:
Signature (notarized) Signature (notarized)
Name: Name:
Title: Title:
(This Agreement must be signed in the above This Agreement must be signed in the above
space by one of the following: Chairman of the space by one of the following: Secretary, Chief
Board, President or any Vice President) Financial Officer or any Assistant Treasurer)
State of ❑ State of ❑
County of ❑ss County of ❑ss
On On
before me, before me,
personally appeared personally appeared
who proved to me on the basis of satisfactory who proved to me on the basis of satisfactory
evidence to be the person(s)whose name(s) is/are evidence to be the person(s)whose name(s) is/are
subscribed to the within instrument and subscribed to the within instrument and
acknowledged to me that he/she/they executed the acknowledged to me that he/she/they executed the
same in his/her/their authorized capacity(ies), and same in his/her/their authorized capacity(ies), and
that by his/her/their signatures(s) on the instrument that by his/her/their signatures(s) on the instrument
the person(s), or the entity upon behalf of which the person(s), or the entity upon behalf of which
the person(s) acted, executed the instrument. the person(s)acted, executed the instrument.
I certify under PENALTY OF PERJURY under the I certify under PENALTY OF PERJURY under the
laws of the State of California that the foregoing laws of the State of California that the foregoing
paragraph is true and correct. paragraph is true and correct.
WITNESS my hand and official seal. WITNESS my hand and official seal.
Notary Signature: Notary Signature:
Notary Seal: Notary Seal:
09
DEMUTH COMMUNITY CENTER GARDEN
CITY PROJECT NO.11-03 AGREEMENT FORM
August 4,2011 AGREEMENT AND BONDS-PAGE 4