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HomeMy WebLinkAboutC34630 - Desert Willow Golf Resort Clubhouse - Replace Two Air ConditionersContract No. C34630 CITY OF PALM DESERT ECONOMIC DEVELOPMENT STAFF REPORT REQUEST: AUTHORIZE THE CITY MANAGER TO AWARD BID AND EXECUTE CONTRACT TO REPLACE TWO (2) AIR CONDITIONERS AT THE DESERT WILLOW GOLF RESORT CLUBHOUSE IN THE AMOUNT NOT TO EXCEED $40,000 SUBMITTED BY: Martin Alvarez, Director of Economic Development VENDOR: TBD DATE: July 9, 2015 CONTENTS: Draft Agreement Recommendation By Minute Motion: 1. Authorize the City Manager to award bid and execute contract to replace two (2) Air Conditioners at the Desert Willow Golf Resort Clubhouse; 2. Declare the existing Air Conditioners surplus and authorize staff to dispose of them. Background During early 2000 the Desert Willow Golf Resort began operating from the main clubhouse. In 2011 the Clubhouse was renovated to expand the terrace and kitchen areas, no renovations were done in the north portion of the clubhouse, as a result, the air conditioners over the lockers rooms and pro -shop are over 15 years old and are working below capacity. The two units identified do not keep the area sufficiently cooled resulting in overuse and excessive electrical charges. Given their age, lack of efficiency, and expectation of failure this summer staff has posted a notice inviting bids to replace both the units and plan to replace them as soon as possible. It is staff recommendation to replace both units and at a cost not to exceed $40,000. Staff Report Contract No. C34630 Replace two (2) air -conditioner at Desert Willow Clubhouse July 9, 2015 Page 2of2 Fiscal Analysis The replacement of the two air conditioners should not exceed $40,000. There is money in the 441 fund (Golf Course Capital Fund). The higher seer units are more efficient and should result in a reduction in electrical use from those two units. Prepared By: (,Ffl-' Martin Alvarez Director of Economic Development Revi ibson, Director of Finance n M. Wohlmuth, City Manager Department Head: Rudy costa Assistant City Manager G AGREEMENT THIS AGREEMENT (hereinafter referred to as the "Agreement") is made and entered into this day of July 2015 by and between the City of Palm Desert, California (hereinafter referred to as "CITY"), a municipal corporation whose principal office is located at 73-510 Fred Waring Drive, Palm Desert, California 92260, and (hereinafter referred to as "CONTRACTOR"), a heating, ventilating, and air conditioning company whose principal office is located at . (CITY and CONTRACTOR may sometimes be referred to individual or collectively as "Party" or "Parties"). WITNESSETH RECITALS: CONTRACTOR has submitted to CITY its Contractor's Bid for CITY Project, 1. DESERT WILLOW GOLF RESORT HVAC REPLACEMENT PROJECT II, FINANCE RFP NO. 2014-4, in strict accordance with the Contract Documents identified below, CITY has accepted said bid. 2. CONTRACTOR states that it has: (a) re-examined its Contractor's Bid, and found it to be correct; (b) ascertained that its subcontractors are properly licensed, and possess the requisite skill and forces; and (c) examined the site and Contract in accordance with the Contract Documents, for the money set forth in its bid to be paid as provided in the Contract Documents. 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 Bids; (c) The Instruction to Bidders; (d) The Contractor's Bid; (e) The Bidder's Bond; (f) The Performance Bond; (g) The Payment Bond; (h) The General Specifications; (i) The Special Provisions; (j) The Standard Specifications as modified in other portions of the Contract Documents; (k) The Plans; (1) Addenda Nos. ; (m) Any Change Orders issued; (n) 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. Project Term. CONTRACTOR shall: (a) commence the work within ten (10) calendar days after the date of the "Notice to Proceed"; (b) do all things necessary to construct the work generally described in Recital No. 1, in accordance with the Contract Documents; and (c) complete said work within j '.a„ ,P) thirty (30) calendar days from the "Notice to Proceed" date, to the Project Manager's satisfaction. 3. Independent Contractors. CONTRACTOR is, and shall at all times remain as to CITY, a wholly independent contractor. CONTRACTOR shall have no power to incur any debt, obligation, or liability on behalf of CITY. Neither CITY nor its elected officials or its appointed officers, employees, or agents shall have control over the conduct of CONTRACTOR or any of CONTRACTOR'S officers, employees, agents, or subcontractors, except as set forth in the Contract Documents. 4. Indemnification. CONTRACTOR agrees to indemnify, defend, and save CITY, its elected officials, its appointed officers, employees, and agents, and the Project Manager, 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 or its officers, employees, agents, or subcontractors, 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 above in Paragraph 1 of this Agreement. d. Attention is directed to Section 6-9, "Liquidated Damages," of the Standard Specifications. This section is hereby amended to substitute the "City of Palm Desert" in place of "Agency." Liquidated damages shall be One Thousand Dollars ($1,000) dollars per calendar day of delay. 5. Disputes. 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 CITY or CONTRACTOR, should be entitled to a reasonable sum for attorney's fees that are incurred in any such litigation relating to this Agreement. 6. Application. This Agreement shall be binding upon all parties hereto, and their respective heirs, executors, administrators, successors, and assigns. 7. Governing Law. This Agreement shall be governed by, and construed in accordance with, the laws of the State of California. 8. Notices. All notices required or permitted under this Agreement shall be in writing, and shall be deemed delivered when delivered in person or deposited in the United States mail, postage prepaid, and address as follows: For CITY: City of Palm Desert Attention: Mr. John M. Wohlmuth City Manager 73-510 Fred Waring Drive Palm Desert, CA 92260-2578 For CONTRACTOR: xxxxxxxxxxxxxxxxxxxxxxxxxx xxxxxxxxxxxxxxxxxxxxxxxxxx xxxxxxxxxxxxxxxxxxxxxxxxxx xxxxxxxxxxxxxxxxxxxxxxxxxx 9. Payment of Subcontractors. CONTRACTOR shall be paid in the manner set forth in the Contract Documents, based upon 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 ten (10) days from the receipt of each payment that the prime CONTRACTOR receives from CITY. Any delay or postponement of payment from the above -referenced time frame may occur only for good cause, following CITY'S written approval. Release of Retention: 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 CITY'S written approval. 10. Worker's Compensation Insurance. Execution of the Agreement by the parties constitutes: (a) their agreement to abide by all applicable provisions of the California Labor Code; (b) CONTRACTOR'S certification that he is aware of the provisions of said Labor Code, and will comply with them; and (c) CONTRACTOR'S certification as follows: "I am aware of the provisions of California Labor Code Section 3700 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. This Agreement is being executed in two (2) duplicate originals, each of which together shall constitute one and the same instrument. CITY shall retain one (1) duplicate original, and CONTRACTOR shall retain one (1) duplicate original. CITY: Susan Marie Webber Mayor of City of Palm Desert APPROVED AS TO CONTENT: John M Wolmuth City Manager ALL SIGNATURES ABOVE ATTESTED BY: Rachelle D. Klassen, City Clerk State of California CONTRACTOR: xxxxxxxxxxxxx,xxxxxxxxxxxx APPROVED AS TO FORM: David J. Erwin, Esq. City Attorney CONTRACTOR ACKNOWLEDGMENT ) SS. County of ) On , 2014, 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 CITY ACKNOWLEDGMENT State of California ) SS. County of Riverside (seal) On , 2014, before me, , a Notary Public, personally appeared , who proved to me on the basis of satisfactory evidence to be the persons) 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 (sea