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Home My WebLink AboutC23090 Cora Constructors - Renovation of Civic Ctr Park Irrigation Pump Station 720-01CITY OF PALM DESERT PUBLIC WORKS DEPARTMENT STAFF REPORT REQUEST: Award Contract No. C23090 to Cora Constructors of Palm Desert, California for the Renovation of the Civic Center Park Irrigation Pump Station (Project No. 720-01). SUBMITTED BY: H. Spencer Knight, Landscape Manager CONTRACTOR: Cora Constructors 74885 Joni Drive, Suite 4 Palm Desert, California 92260 DATE: December 9, 2004 CONTENTS: Agreement Vicinity Map Recommendation: By Minute Motion: 1) Award Contract No. C23090 to Cora Constructors of Palm Desert, California for the renovation of the Civic Center Park Irrigation Pump Station for $ 792,624.00. 2) Set aside $ 79,262.40 as 10% contingency. 3) Authorize the Mayor to execute the Agreement. Discussion: In 2001 staff presented a proposal to renovate the irrigation pump facility at the City's Civic Center Park for the following reasons: Significant maintenance costs have been incurred with the pump control electronics located in the high heat and moisture conditions of the below ground vault. As the pumps have aged their ability to adequately meet the irrigation demands of the maturing park landscape has significantly decreased. The original system does not have a back up system and there is a potential for significant financial loss if the existing system fails. GAPubWorks\Staff Reports120041December 91Award Contract for Well Site Construction.doc Contract No. C23090 Staff Report Award Contract for the Renovation of the Civic Center Well Site December 9, 2004 Page 2of2 The project was put out to bid on October 25, 2004 and on November 23, 2004, at 10:00 a.m., the City Clerk opened sealed bids with the following bids submitted: Cora Constructors (Palm Desert, CA) $792,624.00 Denboer Engineering & Construction, Inc. (Palm Springs, CA) $912,500.00 Public Works staff have reviewed the proposal from the low bidder and determined that all specifications and provisions of the bid have been met. Funds are available in Account No. 400-4674-454.40-01 Therefore, staff recommends that City Council award the subject contract to Cora Constructors (Palm Desert, CA). Submitted By: 1H.8p fnKnight nager Approv ACM for Deve4lopntServices Ag?City Manager /hsk Departm nt Head: Director"of Public W rks Finance it ctor l'— GAPubWorks\Staff ReportsM040ecember 91Award Contract for Well Site Construction.doc Contract No. C23090 AGREEMENT THIS AGREEMENT is made and entered into the City of Palm Desert on this 9th day of DECEMBER, 2004, by and between THE CITY OF PALM DESERT, a municipal corporation, hereinafter referred to as "CITY", and CORA CONSTRUCTORS (PALM DESERT,CA), referred to as "CONTRACTOR". WITNESSETH: WHEREAS, on October 14. 2004 , the CITY invited bids for landscape installation services for City property per specifications; and WHEREAS, pursuant to said invitation, CONTRACTOR submitted a proposal, which was accepted by CITY for said services. NOW, THEREFORE, in consideration of their mutual promises, obligations, and covenants hereinafter contained, the parties hereto agree as follows: (1) TERM. The term of this Agreement shall be 120 days from the Notice to Proceed, or to such later date as may be agreed in writing between parties. (2) CITY'S OBLIGATIONS. For furnishing services, as specified in this Agreement, CITY will pay and CONTRACTOR shall receive in full compensation, therefore the total sum SEVEN HUNDRED NINETY TWO THOUSAND, SIX HUNDRED TWENTY FOUR DOLLARS AND NO/00 ($792,624.00) as set forth in the Contract Documents and adopted by the CITY. (3) CONTRACTOR'S OBLIGATION For, and in consideration of the payments and agreements hereinbefore mentioned to be made and performed by CITY, CONTRACTOR agrees with CITY to furnish the services and to do everything required by this Agreement and the Specific Terms and Conditions. (4) HOLD HARMLESS AND INDEMNIFICATION. CONTRACTOR agrees to defend, indemnify, and hold harmless The City of Palm Desert, its officials, officers, employees, representatives, and agents from and against all claims lawsuits, liabilities or damages of whatsoever nature arising out of our connection with, or relating in any manner to, any act or omission of CONTRACTOR, his agents, employees, subcontractors and employees thereof in connection with, the performance or non- performance of this Agreement. The CONTRACTOR shall thoroughly investigate any and all claims and indemnify the CITY and do whatever is necessary to protect the City of Palm Desert, its official, officers, employees, agents, and representatives as to any such claims, lawsuits, liabilities or damages. (5) AMENDMENTS. Any amendment, modification, or variation from the terms of this Agreement shall be in writing, signed by the CONTRACTOR and approved by the City Council of the CITY. (6) TERMINATION. If, during the term of this Agreement, CITY determines that CONTRACTOR is not faithfully abiding by any term or condition contained herein, G:\PubWorks\PROJECTS\720-01\Contracts\AGREEMENT with Cora Constructors.doc Contract No. C23090 CITY may notify CONTRACTOR in writing of such defect or failure to perform; which notice must give CONTRACTOR a three-day notice of time thereafter in which to perform said work or cure the deficiency. If CONTRACTOR fails to perform said work or cure the deficiency within the three (3) days specified in the notice, such shall constitute a breach of this Agreement and CITY may terminate this Agreement immediately by written notice to CONTRACTOR to said effect. Thereafter, except as otherwise set forth herein, neither party shall have any further duties, obligations, responsibilities, or rights under this Agreement except, however, any and all obligation of CONTRACTOR's surety shall remain in full force and effect, and shall not be extinguished, reduced, or in any manner waived by the termination hereof. In said event, CONTRACTOR shall be entitled to the reasonable value of its services performed from the beginning of the period in which the breach occurs up to the day it received CITY's Notice of Termination, minus any offset from such payment representing the CITY's damages from such breach. CITY reserves the right to delay any such payment until completion of confirmed abandonment of the project, as may be determined in the CITY's sole discretion, so as to permit a full and complete accounting of costs. In no event, however, shall CONTRACTOR be entitled to receive in excess of the compensation quoted in its bid. The City Council may terminate the contract with 30 days written notice for any reason. (7) INCORPORATED BY REFERENCE. The Notice Inviting Bids; Bid Terms and Conditions; General Terms and Conditions; Specific Terms and Conditions; Bid Submission Form(s), Addendum Nos. 1 and 2; Change Orders; additional or supplemental specifications, drawing, maps or diagrams; and CITY issued forms relating to this project, are hereby incorporated in and made a part of this Agreement. (8) COMPLETE AGREEMENT. This written Agreement, including all writings specifically incorporated herein by this reference, shall constitute the complete agreement between the parties hereto. No oral agreement, understanding, or representation not reduced to writing and specifically incorporated herein shall be of any force or effect, nor shall any such oral agreement, understanding, or representation be binding upon the parties hereto. (9) ANTI -DISCRIMINATION. In the performance of the terms of this Agreement, CONTRACTOR agrees that it will not engage in, nor permit such subcontractors as it may employ, to engage in discrimination in employment of any person because of the age, race, color, sex, national origin or ancestry, or religion of such persons. Violation of this provision may result in the imposition of penalties referred to in Labor Code Section 1735. (10) AUDIT. CITY shall have the option of inspecting and/or auditing all records and other written material used by CONTRACTOR in preparing its statements to CITY as a condition precedent to any payment to CONTRACTOR. (11) NOTICE. All written notices to the parties hereto shall be sent by United States mail, postage prepaid by registered or certified mail, return receipt requested, addressed as follows: G:\PubWorkstPROJECTS\720-01\ContractsWGREEMENT with Cora Constructors.doc Contract No. C23090 Office of the City Clerk CITY OF PALM DESERT 73-510 Fred Waring Drive Palm Desert, CA 92260 (12) LITIGATION COSTS. In the event an action is filed by either party to enforce any rights or obligations under this Agreement, the prevailing party shall be entitled to recover reasonable attorney's fees and court costs, in addition to any other relief granted by the court. (13) AUTHORITY TO EXECUTE AGREEMENT. Both CITY and CONTRACTOR do warrant that each individual executing this Agreement on behalf of each party is a person duly authorized. IN WITNESS WHEREOF, the parties hereto have caused this instrument to be executed the day and year first hereinabove written. CITY OF PALM DESERT A Municipal Corporation CONTRACTOR ROBERT A. SPIEGEL, MAYOR CORA CONSTRUCTORS CITY OF PALM DESERT, CALIFORNIA ATTEST: RACHELLE D. KLASSEN, CITY CLERK CITY OF PALM DESERT, CALIFORNIA APPROVED AS TO CONTENT: MIKE ERRANTE, P .E. PUBLIC WORKS DIRECTOR APPROVED AS TO FORM: DAVID J. ERWIN, CITY ATTORNEY GAPubWorks\PROJECTS\720-01\Contracts\AGREEMENT with Cora Constructors.doc ATTACHMENTS G:1PubWorks\PROJECTS\720-01\Contracts\AGREEMENT with Cora Constructors.doc .. .. xwxell gdVf .� ft -- -- - --MAGNESIA - DRIVE i L�Eg Civic Cuter all BaII J Park Field 4 Field i 1 Date Grove o' o O O � Ball II �` field 3 Field 2 i U 1 I P c P vilion 3 �E d e fQ 0 e I rts c fl0 04 Pa n4 :I Dog o -� Park 0 bMt11n Picnic a o � \ GGLLEGE nt Pavilion 5 0 Basic it GF I�YM Picnic , l DESERT Park �� PbY Pavillon t est i t Piatic _;... .:>,.rassV.4 ec'- Arta.' �.m Rest' �r6 l .w E > MIA >morto �J e c n ity hers x /T rvtces tali H Welt FRED WARING DRIVE MG F.M Contract No. C23090