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HomeMy WebLinkAboutR21610 - Cora Constructors - Construction, Repair & Rehab of the Lakes & Pump Systm at DW Golf ResortPALM DESERT REDEVELOPMENT AGENCY STAFF REPORT REQUEST: AUTHORIZE THE AWARD OF CONTRACT NO. R-21610 TO CORA CONSTRUCTORS FOR THE CONSTRUCTION, REPAIR AND REHABILITATION OF THE LAKES AND PUMP SYSTEM AT THE DESERT WILLOW GOLF RESORT SUBMITTED BY: DAVE YRIGOYGEN, DIRECTOR OF REDEVELOPMENT CONTRACTOR: CORA CONSTRUCTORS 74-885 JONI DRIVE, STE. 4 PALM DESERT, CA 92260 DATE: MAY 27, 2004 CONTENTS: CONTRACT NO. R-21610 Recommendation: By Minute Motion, that the Agency Board: 1) Authorize the Award of Contract No. R-21610 to Cora Constructors in the amount of $608,500 for the construction, repair, and rehabilitation of the lakes, and pump system at the Desert Willow Golf Resort; 2) Authorize the Finance Director to set aside the amount of $60,850 as 10% contingency (use of contingency requires additional action); and 3) Authorize execution of said contract by Chairman. Funds are available in Account No. 850-4663-454-4001. Executive Summarv: Acceptance of staff's recommendation will allow for construction, repair, and rehabilitation of four lakes at the Desert Willow Golf Resort Fire Cliff Course as well as all necessary repairs to the pump system. Staff Report Award of Contract No. R 21610 to Cora Constructors for repair of lakes at Desert Willow Golf Resort Page 2 of 2 May 27, 2004 Discussion: The lakes at the Desert Willow Fire Cliff Course were initially constructed without a concrete shoreline that would allow for the prevention of lake erosion. Since the initial construction, shoreline erosion has caused the liner to be exposed to the sun. This has made the liner brittle and subject to cracking from the exposed shoreline to depths of 1-2 feet in the water. Staff reviewed the current condition of all the lakes, and determined that 17, 14, 18, and 6 show the greatest signs of erosion, needing immediate repair. The renovation will provide for a new liner along the shoreline wrapped under a concrete shore. No. 17 will get GFRC panels to blend into the canyon walls to protect that area from exposure to the northwest winds. The pump equipment will be inspected and balanced to provide for proper flow. Throughout the seven -week bid period, there were twelve plan holders and seven attended the pre -bid conference. Due to the high volume of lake construction in Southern California during the summer of 2004 and the necessary repair work for the pump system, there was one bidder. Staff recommends that the bid be awarded to the low bidder Cora Constructors in the amount of $608,500. Staff has reviewed the bid and find it to be appropriate for recommendation. Cora Constructors is based locally and has provided sufficient information to demonstrate their history of successfully completing projects of this size and nature. Funding for all lake repairs has been allocated to the Agency Board approved 2003 Desert Willow Capital Expenditures Budget. Submitted By: Approval: 4— avid Yrigo , Director Redevelopment Approval: McCarthy d Carlos Orte , City Manager Paul S. Gibson, Director of Finance Contract No. R-21610 AGREEMENT THIS AGREEMENT is made and entered into this 27th day of May, 2004, by and between PALM DESERT REDEVELOPMENT AGENCY, California, hereafter called "AGENCY", and CORA CONSTRUCTORS, hereinafter called "Contractor'. WITNESSETH RECITALS: 1. Contractor has submitted to AGENCY its Contractor's Proposal for the construction of AGENCY Project DESERT WILLOW GOLF RESORT — LAKE REHABILITATION, CONTRACT NO. R-21610 in strict accordance with the Contract Documents identified below and AGENCY 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) The Agreement; (b) The Notice Inviting Bids; (c) The Instruction to Bidders; (d) The Contractor's Proposal; (e) The Bidder's Bond; (f) The Performance Bond; (g) The Payment Bond; (h) The General Conditions; (i) The Special Provisions; 0) The Standard Specifications as modified in other portions of the Contract Documents; (k) The Plans; (1) Addenda Nos.1 and 2: (m) The Determination of Prevailing Wage Rates for Public Work; (n) Any Change Orders issued; (o) 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 calendar days after the date of the Notice to Proceed however no on -site work shall commence prior to June 6, 2004. Contractor 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 one -hundred days (100) calendar days from the date of commencing of on -site work to the satisfaction of the Owner's Representative. 3. Contractor agrees to indemnify, defend and save AGENCY and its officers, agents and employees, and the ENGINEER harmless from: J-1 Contract No. R-21610 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 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 Conversion with the performance of the Agreement. Attention is directed to the General Specifications pages GS-16, GS-23, and GS- 24, 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 the substitute the PALM DESERT REDEVELOPMENT AGENCY and the PALM DESERT REDEVELOPMENT AGENCY in place of the Agency. Liquidated damages shall be $500.00 dollars 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 AGENCY 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 AGENCY, subject to such additions and deductions as may be made pursuant to the Contact Documents and applicable law. 8. Contractor shall maintain compliance with all provisions of CAL OSHA standards and regulations. Contractor acknowledges and agrees to be defined as the controlling employer at the job site. As the controlling employer, the contractor shall take reasonable steps to ensure that all subcontractors maintain compliance with CAL OSHA Standards and regulations. 9. 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 J-2 Contract No. R-21610 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. PALM DESERT REDEVELOPMENT AGENCY Robert A. Spiegel, Chairman Attest: Rachelle D. Klassen, Secretary Approved as to Form: David J. Erwin, City Attorney CORA CONSTRUCTORS (signature to be notarized) in Title J-3 Contract No. R-21610 PALM DESERT REDEVELOPMENT AGENCY PAYMENT BOND KNOW ALL MEN BY THESE PRESENTS: THAT WHEREAS, the PALM DESERT REDEVELOPMENT AGENCY (sometimes referred to hereinafter as "Obligee") has awarded to CORA CONSTRUCTORS (hereinafter designated as the "Contractor"), an agreement dated May 27, 2004 described as follows: DESERT WILLOW GOLF RESORT — LAKE REHABILITATION, CONTRACT NO. R-21610 (hereinafter referred to as the "Contract"); and WHEREAS, said Contractor is required to furnish a bond in Conversion with said Contract, and pursuant to Section 3247 of the California Civil Code; NOW, THEREFORE, we, CORA CONSTRUCTORS, the undersigned Contractor, as Principal, and a corporation organized and existing under the laws of the State of , and duly authorized to transact business under the laws of the State of California, as Surety, are held and firmly bound unto the PALM DESERT REDEVELOPMENT AGENCY and to any and all persons, companies or corporations entitled to file stop notices under Section 3181 of the California Civil Code, in the sum of Six Hundred Eight Thousand Five Hundred and no/100 Dollars ($608,500.00), said sum being not less than one hundred percent (100%) of the total amount payable by the said Obligee under the terms of the said Contract, for which payment well and truly to be made, we bind ourselves, our heirs, executors and administrators, successors and assigns, jointly and severally, firmly by these presents. THE CONDITION OF THIS OBLIGATION IS SUCH, that, if said Contractor, his or its heirs, executors, administrators, successors or assigns, or Subcontractors, shall fail to pay for any materials, provisions or other supplies, implements, machinery or power used in, upon, for or about the performance of the Public Work contracted to be done, or to pay any person for any work or labor of any kind, or for bestowing skills or other necessary services thereon, or for amounts due under the Unemployment Insurance Code with respect to such work or labor, or for any amounts required to be deducted, withheld, and paid over to the Employment Development Department from the wages of employees of said Contractor and his or its Subcontractors pursuant to Section 13020 of the Unemployment Insurance Code with respect to such work and labor as required by the provisions of Section 3247 through 3252 of the Civil Code, or for any amounts required to be deducted, withheld, and paid over to the Franchise Tax Board or Internal Revenue Service from the wages of employees of the Contractor or his or its Subcontractors, the Surety or Sureties hereon will pay for the same in an amount not exceeding the sum specified in this bond, otherwise the above obligation shall be void. In addition to the provisions herein above, it is agreed that this bond will inure to the benefit of any and all persons, companies and corporations entitled to serve stop notices under Section 3181 of the Civil Code, so as to give a right of action to them or their assigns in any suit brought upon this bond. The Surety, for value received, hereby stipulates and agrees that no change, extension of time, alteration or addition to the terms of the said Contract or to the work to be performed thereunder or the Specifications accompanying the same shall in any way affect its obligations on this bond, and it does hereby waive notice of any such change, M-1 Contract No. R-21610 extension of time, alteration or addition to the terms of the Contract or to the Specifications. No final settlement between the Obligee and the Contractor hereunder shall abridge the right of any beneficiary hereunder, whose claim may be unsatisfied. Contractor and Surety agree that if the Obligee is required to engage the services of an attorney in Conversion with the enforcement of the bond, each shall pay Obligee's reasonable attorney's fees incurred, with or without suit, in addition to the above sum. IN WITNESS WHEREOF, we have hereunto set our hands and seals this day of , 20 PRINCIPAL/CONTRACTOR: Cora Constructors By: (Signature) (Typed Name and Title) The rate of premium on this bond is SURETY: (Typed Name of Surety) By: (Signature of Attorney -in -Fact) (Typed Name of Attorney -in -Fact) The total amount of premium charged: $ (the above must be filled in by corporate surety). per thousand. IMPORTANT: Surety companies executing bonds must possess a certificate of authority from the California Insurance Commissioner authorizing them to write surety insurance defined in Section 105 of the California Insurance Code, and if the work or project is financed, in whole or in part, with federal, grant or loan funds, it must also appear on the Treasury Department's most current list (Circular 570 as amended). THIS IS A REQUIRED FORM. Any claims under this bond may be addressed to: (Name, Address and Telephone No. of Surety) (Name, Address and Telephone No. of agent or representative for service of process in California if different from above) M-2 Contract No. R-21610 PALM DESERT REDEVELOPMENT AGENCY PERFORMANCE BOND KNOW ALL MEN BY THESE PRESENTS: THAT WHEREAS, the PALM DESERT REDEVELOPMENT AGENCY has awarded to after designated as the "Principal", a contract for: DESERT WILLOW GOLF RESORT — LAKE REHABILITATION, CONTRACT NO. R-21610; WHEREAS, said Principal is required under the terms of said contract to furnish a good and sufficient bond for the performance of said contract: NOW THEREFORE, WE, the Principal, and as Surety, are held and firmly bound unto the PALM DESERT REDEVELOPMENT AGENCY hereinafter called the AGENCY, in the penal sum of Six Hundred Eiaht Thousand Five Hundred and No/100 Dollars ($608.500.00), being 100% of the contract amount in lawful money of the United States of America for the payment of which sum well and truly to be made, we hereby bind ourselves, our heirs, executors, administrators, and successors, jointly and severally, firmly by these presents. THE CONDITION OF THIS OBLIGATION IS SUCH that if the above bounded Principal, his executors, heirs, administrators, and successors, or assigns, shall in all things stand to and abide by, and well and truly keep and perform the covenants and agreements in the said contract and any alterations thereof made as therein provided, on his or their part, to be kept and performed at the time and in the manner therein specified, and in all respects according to their true intent and meaning, and shall indemnify and save harmless the AGENCY, its officers and agents, as therein stipulated, then this obligation shall become null and void; otherwise, it shall be and remain in full force and virtue. And the said Surety, for value received, hereby stipulates and agrees that no change, extension of time, alteration or addition to terms of the contract or to the work to be performed thereunder or the specifications accompanying the same shall in any wise affect its obligations on this bond, and it does hereby waive notice of any such change, extension of time, alterations or additions to the terms of the contract or to the work or the specifications. Should it become necessary for the AGENCY to institute a lawsuit or any other legal proceeding to enforce the terms and conditions of this bond, then all costs of said proceeding, including attorneys' fees, shall be awarded to the prevailing party. N-1 Contract No. R-21610 IN WITNESS WHEREOF, identical counterparts of this instrument, each of which shall for all purposes be deemed an original thereof, have been duly executed by the Principal and Surety above named, on this day of , 200 SURETY INSURANCE COMPANY and/or AGENT ADDRESS TELEPHONE NUMBER PRINCIPAL 17-0 N-2