HomeMy WebLinkAbout1H OCRCity Council Staff Re{)ort
DATE: February 25, 2021 CONSENT CALENDAR
SUBJECT: AWARD OF A CONSTRUCTION CONTRACT TO ECOSENSE
CONSTRUCTION CORP, A CALIFORNIA CORPORATION, IN THE
AMOUNT OF $249,231 FOR THE SUNRISE PARK RESTROOM, CITY
PROJECT NO. 19-13
FROM:
BY:
SUMMARY
David H. Ready, City Manager
Development Services Department
Approval of this item will award a contract to construct the Sunrise Park Restroom, City
Project 19-13, in the amount of $249,231. This project will remove the existing restroom
structure at Sunrise Park and construct a new restroom that will provide a higher level of
service and improved aesthetics.
RECOMMENDATION:
1. Award a construction contract (Agreement No. _ _,) to Ecosense Construction
Corp, a California corporation, in the amount of $249,231 for the Sunrise Park
Restroom, City Project 19-13; and
2. Authorize the City Manager to execute all necessary documents.
BUSINESS PRINCIPAL DISCLOSURE:
Ecosense Construction Corp is a California Corporation whose officers are Andrea
Ramirez (President), Sandra Chacon (Secretary), and Andreas Ramirez (CFO). The
Public Integrity Disclosure Form for Ecosense Construction Corporation is included as
Attachment 1.
BACKGROUND:
The public restroom located at 401 S. Pavilion Way, within Sunrise Park and adjacent to
the Palm Springs Leisure Center parking lot, is not compliant with the Americans with
Disabilities Act (ADA) accessibility requirements. Additionally, it is in a general state of
disrepair and provides a low level of service to park users. This project allows for the
demolition and reconstruction of this existing restroom structure.
ll'EMN0 .... -1....,,t __
2City Council Staff Report February 25, 2021 --Page 2 Award Construction Contract for CP 19-13 On November 12, 2020, the City Council approved the plans, specifications and estimate and provided authorization to bid the Sunrise Park Restroom Project, City Project 19-13, (the "Project"). A copy of the Staff Report is included as Attachment 2. A Notice Inviting Bids was posted to industry plan rooms1 and the bid documents were made available, free of charge, to all prospective bidders. Additionally, on December 23rd and 30th, 2020, the Project was advertised in the Desert Sun. On January 27, 2021, at 3:00 p.m., the Procurement and Contracting Division received eleven construction bids from the following contractors listed in Table 1: Table 1 Company Location Bid Amount 1 Ecosense Construction Corp Palm Springs, CA $249,231.00 2 R. Dependable Construction San Bernardino, CA $279,000.00 3 Three Peaks Corporation Calimesa, CA $315,000.00 4 MTL Construction Services Anaheim, CA $364,344.00 5 RS Construction Upland, CA $364,950.00 6 Noble E&C Diamond Bar, CA $384,000.00 7 AtoM Engineering Hemet, CA $412,398.00 8 CB Kenner Lake Forest, CA $447,200.00 9 Zoran Construction Group Rancho Santa Fe, CA $495,600.00 10 BWW & Company Redlands, CA $514,324.00 11 MLC Constructors Corona, CA $529,800.00 Ecosense Construction Corporation submitted the lowest bid in the amount of $249,231.00. 1 A Plan Room is a "library" where construction professionals may view bidding documents (blueprints and specifications) for projects seeking price estimates for specific construction products or services. There are 10 various plan rooms in southern California where the City submits its bid documents to ensure all contractors within the area are aware of the bid solicitation
3City Council Staff Report February 25, 2021 --Page 3 Award Construction Contract for CP 19-13 BID ANALYSIS: Staff reviewed all bid documents submitted by the apparent low bidder and determined that Ecosense Construction Corp complies with the Instructions to Bidders and has submitted the lowest responsive and responsible bid. Staff recommends that City Council approve the bid submitted by Ecosense Construction Corp. A construction agreement is included as Attachment 3. Bid Protest Following the bid opening, the second low bidder (R. Dependable Construction, Inc., of San Bernardino, CA), submitted a written bid protest in accordance with Palm Springs Municipal Code section 7.08.030. The Protestant claimed that the apparent low bidder had failed to provide an acknowledgement of an addendum issued by the City, as is required in the Bid Forms. Upon review, Staff determined that the low bidder had in fact submitted the required form and, therefore, the protest was without merit. A written response was drafted, reviewed by the City Attorney, and provided to the Protestant. The Protestant subsequently indicated that they do not intend to appeal the determination. A copy of the bid protest and written response are included at Attachment 4. Public Works Contractor Registration Law (SB 854) Under California Labor Code Section 1771.1, as amended by Senate Bill (SB) 854 (2014), unless registered with the State of California Department of Industrial Relations (DIR), a contractor may not bid, nor be listed as a subcontractor, for any bid proposal submitted for public works projects on or after March 1, 2015. Similarly, a public entity cannot award a public works contract to a non-registered contractor, effective April 1, 2015. Staff has reviewed the DIR's contractor registration database, and has confirmed that Ecosense Construction Corp and their listed subcontractor are registered with the DIR, and are appropriately licensed. 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. Ecosense Construction Corp, Inc. is considered a local business and they have demonstrated sufficient evidence of good faith efforts to sub-contract the supply of materials and labor to local businesses. ENVIRONMENTAL IMPACT: Section 21084 of the California Public Resources Code requires Guidelines for Implementation of the California Environmental Quality Act (CEQA). The Guidelines are
4City Council Staff Report February 25, 2021 --Page 4 Award Construction Contract for CP 19-13 required to include a list of classes of projects which have been determined not to have a significant effect on the environment and which are exempt from the provisions of CEQA. In response to that mandate, the Secretary for Resources identified classes be categorically exempt from the requirement for the preparation of environmental documents. In accordance with Section 15303 "New Construction or Conversion of Small Structures", Class 3 consists of construction and location of limited numbers of new, small facilities or structures; installation of small new equipment and facilities in small structures; and the conversion of existing small structures from one use to another where only minor modifications are made in the exterior of the structure. Therefore, City Project 19-13, is categorically exempt from CEQA, and a Notice of Exemption was prepared and filed with the Riverside County Clerk. FISCAL IMPACT: The Project is being funded by a combination of Fiscal Year 2019-2020 Community Development Block Grant (CDBG) and Measure J Funds. Anticipated project costs are shown in Table 2 below. Table 2 Table of Project Costs Amount FY 19-20 CDBG Funds $50,000 Measure J Funds $250,000 Project Administration and Inspection (Estimated) ($15,000) Construction Contract ($249,231) Contingency ($25,000) Balance Remaining 10,769 SUBMITTED: Director of Development Services Marcus L. Fuller, MPA, P S, PE Assistant City Manager Attachments: 1. Public Integrity Disclosure Form 3. Construction Agreement 2. SR -Authorization to Bid 4. Bid Protest and Response
5ATTACHMENT 1
6PUBLIC INTEGRITY DISCLOSURE APPLICANT DISCLOSURE FORM 1. Name of Entity Ecosense Construction Corp 2. Address of Entity (Principle Place of Business) 200 E Francis Drive, Unit 240, Palm Springs, CA 92262 3. Local or California Address (if different than #2) 8929 Fox Trail# 734, Morongo Valley, CA 92256 4. State where Entity is Registered with Secretary of State California If other than California, is the Entity also registered in California?• Yes ~ No 5. Type of Entity ~ Corporation • Limited Liability Company • Partnership • Trust • Other (please specify) 6. Officers, Directors, Members, Managers, Trustees, Other Fiduciaries (please specify) Note: If any response is not a natural person, please identify all officers, directors, members, managers and other fiduciaries for the member, manager, trust or other entity Andrea Ramirez, President ~Officer• Director• Member []'Manager [name] • General Partner • Limited Partner • Other Sandra Chacon, Secretary ~ Officer • Director • Member D Manager [name] • General Partner • Limited Partner D Other Andres Ramirez, CFO ~Officer• Director• Member• Manager [name] • General Partner • Limited Partner • Other CITY OF PALM SPRINGS -PUBLIC INTEGRITY DISCLOSURE APPLICANT DISCLOSURE FORM SUNRISE PARK RESTROOM CITY PROJECT NO. 19-13 DECEMBER 2020 Page 1 of 2 PUBLIC INTEGRITY DISCLOSURE FORM BID FORMS -PAGE 20
77. Owners/Investors with a 5% beneficial interest in the Applicant Entity or a related entity A. Andrea Ramirez, 68% [name of owner/investor] [name of official with whom owner/investor has material financial relationship] FOR RELATIONSHIP A, EXPLANATION OF THE RELATIONSHIP: B. Sandra Chacon, 16% [name of owner/investor] [name of official with whom owner/investor has material financial relationship] FOR RELATIONSHIP B, EXPLANATION OF THE RELATIONSHIP: C. Andres Ramirez, 16% [name of owner/investor] [name of official with whom owner/investor has material financial relationship] FOR RELATIONSHIP C, EXPLANATION OF THE RELATIONSHIP: I DECLARE UNDER PENALTY OF PERJURY UNDER THE LAWS OF THE STATE OF CALIFORNIA THAT THE FOREGOING IS TRUE AND CORRECT. Signature of Disclosing Party, Printed Name, Title 01/27/2021 CITY OF PALM SPRINGS -PUBLIC INTEGRITY DISCLOSURE APPLICANT DISCLOSURE FORM SUNRISE PARK RESTROOM CITY PROJECT NO. 19-13 DECEMBER 2020 Page2of2 PUBLIC INTEGRITY DISCLOSURE FORM BID FORMS -PAGE 21
8ATTACHMENT 2
9City Council Staff Re{Jorl DATE: November 12, 2020 CONSENT CALENDAR SUBJECT: APPROVAL OF PLANS, SPECIFICATIONS AND ESTIMATE (PS&E) AND AUTHORIZATION TO BID PARK RESTROOM CONSTRUCTION AT SUNRISE PARK, DEMUTH PARK AND DESERT HIGHLAND PARK, CITY PROJECTS 19-13, 20-30 AND 20-31. FROM: BY: SUMMARY: David H. Ready, City Manager Development Services Department Approval of this item will allow staff to proceed with the bidding for the construction of new restroom facilities within Sunrise Park, Demuth Park and Desert Highland Park, City Projects 19-13, 20-30 and 20-31 respectively, with an estimated cost of $725,000. The construction documents (Plans, Specifications and Estimate) are completed and in accordance with Section 7 .03.040 of the Procurement and Contracting Code, the City Council shall approve and adopt the plans, specifications and work details, and authorize the bid request for all public projects in excess of $200,000. RECOMMENDATION: Approve the plans, specifications and estimate; and authorize staff to advertise and solicit bids for Park Restroom Construction Projects at Sunrise Park, Demuth Park and Desert Highland Park, City Project No's. 19-13, 20-30 and 20-31. BACKGROUND: On July 29, 2019 the City Manager approved a Purchase Order with 'on-call' architectural services provider, Urrutia Marks Architects, in the amount of $15,000, for design services associated with the remodel of the restroom structure at Sunrise Park, located at 401 S. Pavilion Way. After reviewing the condition of the structure and the extent of modifications necessary it was determined that it would not be economically prudent to invest funds into the remodeling of the facility due to its dilapidated condition and functional obsolescence. At that time, the City was also was evaluating the need for new restroom facilities at several other parks, including Demuth Park located at 4200 E. Mesquite Ave and Desert Highland Park located at 480 W. Tramview Road, and potentially additional locations in the future. r.c-::1~ NO. ___ i_C _______ _
10City Council Staff Report November 12, 2020 -Page 2 Authorize RFB -City Park Restrooms, CP's 19-13, 20-30 and 20-31 Staff and the Architect met with members of Parks and Recreation Commission, Ad Hoc Restroom Committee, to discuss the creation of a park restroom design that could be applied in multiple locations and could be easily re-configured if necessary in order to meet the individual needs of various sites. The design was informed by multiple criteria, including: • Aesthetics • Economy of construction and materials • Safety • Privacy • Cost and ease of maintenance • ADA Compliance • Energy Use • Durability and resistance to vandalism This resulted in a design that is proposed to include five (5) all gender restrooms including two that are ADA compliant. Hand washing facilities will be located on the outside of the structure under a shade canopy which minimizes the size of each stall as well as the structure. A utility chase along the back of the building will be accessed from a side door and allow the facility to be easily accessed for repair and maintenance. Each site will include a drinking water station which will provide for bottle filling and pet watering. Renderings of the proposed structure are shown in Figures 1, 2 and 3, a floor plan is shown in Figure 4. Figure 1 -Proposed Restroom Rendering 1 2
11City Council Staff Report November 12, 2020 -Page 3 Authorize RFB-City Park Restrooms, CP's 19-13, 20-30 and 20-31 Figure 2 -Proposed Restroom Rendering 2 Figure 3 -Proposed Restroom Rendering 3 3
12City Council Staff Report November 12, 2020 -Page 4 Authorize RFB-City Park Restrooms, CP's 19-13, 20-30 and 20-31 STAFF ANALYSIS Sunrise Park CP 19-13 Figure 4 -Proposed 5-Stall Floor Plan An image of the existing restroom at Sunrise Park is included below as Figure 5. The structure consists of separate 'mens' and 'womens' facilities that are accessed through alcoves on adjacent sides of the structure. The front of the structure serves as a storage room for youth sports equipment that is accessed from two doors on the front of the building. As it is currently configured, the structure is not compliant with the Americans with Disabilities Act (ADA) accessibility requirements, and is not consistent with Palm Springs Municipal Code Findings related to All-Gender Restrooms. Additionally, the building provides limited bathroom fixtures and is generally in a state of disrepair. The extent of demolition and construction necessary to bring the facility up to code as well as the dark, outdated and un-ventilated configuration led Staff to recommend complete demolition and replacement with a new facility. City Project 19-13 proposes to remove the structure and construct the proposed new restroom in the same location utilizing the existing utility 4
13City Council Staff Report November 12, 2020 -Page 5 Authorize RFB-City Park Restrooms, CP's 19-13, 20-30 and 20-31 connections. The youth sports equipment will be relocated to a pad mounted storage container nearby. This project is being funded by a combination of Fiscal Year 2019-2020 Community Development Block Grant (CDBG), and Measure J Funds. It is expected that this location will be the first of the three restroom projects to go out to bid. Figure 5 -Existing Restroom Structure at Sunrise Park Demuth Park CP 20-30 The east side of Demuth Park is served by a two stall restroom that is located along East Mesquite Ave. This location is intended to serve the playgrounds, picnic areas and tennis/pickleball court areas of the park. The existing structure consists of masonry walls and metal deck roofing which in recent years has begun to crack extensively and is in a general state of disrepair, (Figure 6). Additionally, increased use of the Eastern portion of the park in recent years has created a need for additional facilities. 5
14City Council Staff Report November 12, 2020 -Page 6 Authorize RFB-City Park Restrooms, CP's 19-13, 20-30 and 20-31 Figure 6 -Existing Two Stall Restroom, Demuth Park City Project 20-30 will provide for the construction of a new facility to the East of the existing building and accessible from the adjacent parking lot. This will bring the new restrooms closer to the majority of park users and move it farther away from the East Mesquite Ave. frontage, (Figure 7). The existing two stall restroom will be demolished as part of the project. Figure 7 -Demuth Park 6
15City Council Staff Report November 12, 2020 -Page 7 Authorize RFB-City Park Restrooms, CP's 19-13, 20-30 and 20-31 On May 14, 2020, the City Council allocated $175,552 in CDBG Funds for the Demuth Park Restrooms, incorporated into the 2020-2024 CDBG Consolidated Plan adopted on July 9, 2020. Utility connections at this location are currently being identified and it is intended to go out to bid in early 2021 in conjunction with CP 20-31. Desert Highland Park CP 20-31 Desert Highland Park is not currently serviced with public restroom facilities when the James 0. Jessie Community Center is closed. Staff has reviewed two possible locations for the proposed restroom. The first location would be next to the existing restrooms outside of the Community Center. The second location would be adjacent to the picnic area and event gazebo providing service to the nearby playground, ballfield and stage/event area. Engineering Staff met with James 0. Jesse Community Center staff and found that they preferred the restroom be located on the East side of the park just North of the East Parking lot and would be accessible from the East Parking lot, (Figure 8). Staff is evaluating both locations for ease of access to utilities and overall cost to make the final decision. On September 24, 2020, the City Council provided staff direction to allocate $250,000 in Quimby Act Funds for the construction of new restroom facilities at Desert Highland Park. Utility connections at this location are currently being identified and it is intended to go out to bid in early 2021 in conjunction with CP 20-30. Figure 8 -Desert Highland Park 7
16City Council Staff Report November 12. 2020 -Page 8 Authorize RFB-City Park Restrooms, CP's 19-13, 20-30 and 20-31 ENVIRONMENTAL IMPACT: Section 21084 of the California Public Resources Code requires Guidelines for Implementation of the California Environmental Quality Act (CEQA). The Guidelines are required to include a list of classes of projects which have been determined not to have a significant effect on the environment and which are exempt from the provisions of CEQA. In response to that mandate, the Secretary for Resources identified classes be categorically exempt from the requirement for the preparation of environmental documents. In accordance with Section 15303 "New Construction or Conversion of Small Structures", Class 3 consists of construction and location of limited numbers of new, small facilities or structures; installation of small new equipment and facilities in small structures; and the conversion of existing small structures from one use to another where only minor modifications are made in the exterior of the structure. Therefore, City Projects 19-13, 20-30 and 20-31, are categorically exempt from CEQA, and a Notice of Exemption will be prepared and filed with the Riverside County Clerk. FISCAL IMPACT: The funding sources and estimated cost of the three projects are identified in the following table: Table of Project Costs FY 19-20 CDBG Funds Measure J Funds FY 20-21 CDBG Funds Quimby Act Funds Desian Construction Construction Management Project Administration Budaet Remainina SUBMITTED: F nn Fagg, AICP ' Director of Development Services , David H. Ready, Ph.D. City Manager Amount $50,000 $250,000 $175,000 $250,000 ($30,000) ($675,000) ($15,000) ($5,000) $0 /~ Marcus L. Fuller, MPA, PLS, PE Assistant City Manager 8
17ATTACHMENT 3
181/28/2021 City of Palm Springs 3200 East Tahquitz Canyon Way Palm Springs, Ca 92262 DEPENDABLE CONST INC 1 D 1 9 W. 3RD 11T SAN BERNARDINO, CA 9241 D Re: Project No. 19-13 Sunrise Park Restroom To whom it may concern: Pertaining to the above noted project R Dependable Const. Inc. is Protesting the bid of the apparent low bidder Ecosense Construction Corp Per bid proposal Bid Documents cover sheet page 1 states "Only the following listed documents identified in the lower right corner as "Bid Forms" shall be fully executed and submitted with the bid at the opening of the bid . Failure of a bidder to fully execute and submit all of the listed documents with the bid will render a bid as non-responsive and subject to rejection" Ecosense Construction Corp failed to provide sheet# 2 of the proposal documents and failed to acknowledge addendum # 1. Ecosense bid proposal is incomplete and should be deemed non-responsive Based on this information R Dependable should be the lowest responsible bidder. Respectfully ~~?a&tta President
19City of Palm Springs Development Services Department Engineering Division 3200 East Tahquitz Canyon Way • Palm Springs, California 92262 Tel: (760) 323-8253 • Fax: (760) 322-8360 • Web: www.palmspringsca.gov February 4, 2021 R. Dependable Construction, Inc. 1019 W. 3rd St. Ste. B San Bernardino, CA 92410 Attn: Rosemary Padilla Ref. Palm Springs City Project 19-03, Sunrise Park Restroom, Bid Protest Response Rosemary, The purpose of this letter is to respond to your bid protest Submitted on January 28, 2021. In accordance with and pursuant to Palm Springs Municipal Code section 7.08.030 'Bid Protests', this letter will serve as the City's official written response. First, I would like to thank you for taking the time to prepare a bid for our project. I know that this requires a lot of work on your part and we appreciate your efforts. We intend to request bids for two additional restroom structures in the coming months and we look forward to having you as a bidder on those projects as well. I understand that your protest is based on the absence of Page 2 of the Bid Forms submitted by the apparent low bidder 'Ecosense Construction Corporation' and your position that the absence of this document should render the bid 'non-responsive and subject to rejection'. We have looked into your concerns and have determined that that the low bidder did in fact include Page 2 of the Bid forms with their bid and has acknowledged Addendum 1 as required. We have reviewed the bid documents that were forwarded to you on January 27, 2021 and agree that the page in question was not present in the PDF that you received. However, after reviewing the actual bid documents we have confirmed that Page 2 of the Bid Forms was provided. It appears that when the document was scanned into PDF form that the scanner omitted Page 2. We believe that the scanner must have 'picked up' two pages at one time therefore creating the appearance that page 2 was missing. We understand your reasons for concern, but this was entirely an error on our part when providing you a copy of the bid documents. For this reason we have determined that your bid protest is without merit. In accordance with Section 7.08.030(4) of the Palm Springs Municipal Code you may protest this decision; the applicable code section and requirements for appeal are as follows: (5) Any protestant may appeal the decision of the Procurement and Contracting Manager or the City Engineer, as the case may be, to the City Manager by filing a letter of appeal within five business days of the date of the Procurement and Contracting Manager's or City Engineer's
20decision. The appeal must include the name, address, telephone number and email address of the appellant and/or the person representing the appealing party. The letter of appeal shall include the original protest and any additional supporting information, including, without limitation, all facts, supporting documentation, legal authorities and arguments in support of the grounds for the appeal. All factual contentions must be supported by evidence. Any matters not set forth in the letter of appeal shall be deemed waived. Any letter of appeal not conforming to the requirements of this Section shall be rejected as invalid. If you do not wish to file an appeal to this decision please notify me as soon as possible so that we may move forward with our award of this project to the apparent low bidder. If you have any additional questions of concerns please contact me. Sincerely, t,12::~ City Engineer Joel.Montalvo@palmspringsca.gov 760-323-853 x-8339 Sent Via Email
21ATTACHMENT 4
22AGREEMENT (CONSTRUCTION CONTRACT) THIS AGREEMENT made this _ day of _______ , 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 Ecosense Construction Corporation, 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 For and in consideration of the payments and agreements to be made and performed by City, Contractor agrees to furnish all materials and perform all work required to complete the Work as specified in the Contract Documents, and as generally indicated under the Bid Schedule(s) for the Project entitled: SUNRISE PARK RESTROOM CITY PROJECT NO. 19-13 The Work is comprised of the demolition and disposal of the existing restroom facility and the construction of a new restroom facility in its place. This will include but is not necessarily limited to: Identification, location, preservation and reconnection of existing utilities including water service, electrical service and sewer laterals; demolition, removal and disposal of the existing facility; grading/unclassified excavation of site for construction of new facility including any necessary import or export of soils; placement of concrete walkways, slabs and structure foundations; construction of masonry walls; construction of structural steel canopy; construction of plumbing and bath fixtures; construction of electrical system and fixtures; tiling; installation of doors and associated hardware; Installation of ADA grab bars and signage; installation of water station fixture and water supply; and any/all appurtenant work necessary for the construction of a complete, in place, fully functional restroom facility in accordance with the approved plans, specifications and applicable code. 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, h~rein, plus any extensions thereof allowed in accordance with 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 specified in Section 6-9 of the Special Provisions for each calendar day that expires after the time specified in Article 2, SUNRISE PARK RESTROOM CITY PROJECT NO. 19-13 DECEMBER 2020 AGREEMENT FORM AGREEMENT AND BONDS -PAGE 1
23herein. In executing the Agreement, the Contractor acknowledges it has reviewed the provisions of the Standard Specifications, as modified herein, related to liquidated damages, and has made itself aware of the actual loss incurred by the City due to the inability to complete the Work within the time specified in the Notice to Proceed. Termination Prior to Expiration of Term. City may terminate this Agreement for its convenience at any time, without cause, in whole or in part, upon giving Contractor written notice, pursuant to Section 6-8 of the Special Provisions. Where termination is due to the fault of Contractor and constitutes an immediate danger to health, safety, and general welfare, the period of notice shall be such shorter time as may be determined by the City. Upon such notice, City shall pay Contractor for Services performed through the date of termination in accordance with the Contract Documents. Upon receipt of such notice, Contractor shall immediately cease all work under this Agreement, unless stated otherwise in the notice or by written authorization of the Contract Officer. After such notice, Contractor shall have no further claims against the City under this Agreement. Upon termination of the Agreement under this section, Contractor shall submit to the City an invoice for work and services performed prior to the date of termination. ARTICLE 3 --CONTRACT PRICE 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 Proposal and Bid Schedule(s), and any duly authorized Construction Contract Change Orders approved by the City. The amount of the initial contract award in accordance with the Contractor's Bid Proposal is Two Hundred and Forty-Nine Thousand Two Hundred and Thirty One Dollars ($249,231.00). Contractor agrees to receive and accept the prices set forth herein, as full compensation for furnishing all materials, performing all work, and fulfilling all obligations hereunder. Said compensation shall cover all expenses, losses, damages, and consequences arising out of the nature of the Work during its progress or prior to its acceptance including those for well and faithfully completing the Work and the whole thereof in the manner and time specified in the Contract Documents; and, also including those arising from actions of the elements, unforeseen difficulties or obstructions encountered in the prosecution of the Work, suspension of discontinuance of the Work, and all other unknowns or risks of any description connected with the Work. ARTICLE 4 --THE CONTRACT DOCUMENTS The Contract Documents consist of the Notice Inviting Bids, Instructions to Bidders, the prevailing rate of per diem wages as determined by the Director of the California Department of Industrial Relations, the accepted Bid and Bid Schedule(s), List of Subcontractors, Local Business Preference Program -Good Faith Efforts, Non-Discrimination Certification, Non-Collusion Declaration, 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 issued during bidding (if any), and all Construction Contract Change Orders and Work Change Directives which may be delivered or issued after the Effective Date of the Agreement and are not attached hereto. SUNRISE PARK RESTROOM CITY PROJECT NO. 19-13 DECEMBER 2020 AGREEMENT FORM AGREEMENT AND BONDS -PAGE 2
24ARTICLE 5 --MUTUAL OBLIGATIONS For and in consideration of the payments and agreements to be made and performed by the City, the Contractor agrees to furnish all materials and perform all work required for the above stated project, and to fulfill all other obligations as set forth in the aforesaid Contract Documents. City hereby agrees to employ, and does hereby employ, Contractor to provide the materials, complete the Work, and fulfill the obligations according to the terms and conditions herein contained and referred to, for the Contract Price herein identified, and hereby contracts to pay the same at the time, in the manner, and upon the conditions set forth in the Contract Documents. Contractor specifically acknowledges and agrees to be bound by the Wage Rates and Labor Code requirements specified in the Contract Documents, including the requirement to furnish electronic certified payroll records directly to the Labor Commissioner (via the Division of Labor Standards E'nforcement), and shall pay the general prevailing rate of per diem wages as determined by the Director of the Department of Industrial Relations of the State of California. ARTICLE 6 --PAYMENT PROCEDURES The Contractor shall submit Applications for Payment in accordance with the Standard Specifications as amended by the Special Provisions. Applications for Payment will be processed by the City Engineer as provided in the Contract Documents. ARTICLE 7 --NOTICES Whenever any provision of the Contract Documents requires the giving of a written Notice between the parties, 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 8 --INDEMNIFICATION The Contractor agrees to indemnify and hold harmless the City, and all of its officers and agents from any claims, demands, or causes of action, including related expenses, attorney's fees, and costs, based on, arising out of, or in any way related to the Work undertaken by the Contractor hereunder. This Article 8 incorporates the provisions of Section 7-15 "Indemnification," of the Special Provisions, which are hereby referenced and made a part hereof. Prevailing Wages. Contractor agrees to fully comply with all applicable federal and state labor laws including, without limitation California Labor Code Section 1720, et seq., and 1770, et seq., as well as California Code of Regulations, Title 8, Section 16000, et seq. ("Prevailing Wage Laws"). Contractor shall bear all risks of payment or non-payment of prevailing wages under California law, and Contractor hereby agrees to defend, SUNRISE PARK RESTROOM CITY PROJECT NO. 19-13 DECEMBER 2020 AGREEMENT FORM AGREEMENT AND BONDS -PAGE 3
25indemnify, and hold the City, its officials, officers, employees, agents and volunteers, free and harmless from any claim or liability arising out of any failure or alleged failure to comply with the Prevailing Wage Laws. ARTICLE 9 --NON-DISCRIMINATION In connection with its performance under this Agreement, Contractor shall not discriminate against any employee or applicant for employment because of actual or perceived race, religion, color, sex, age, marital status, ancestry, national origin (i.e., place of origin, immigration status, cultural or linguistic characteristics, or ethnicity), sexual orientation, gender identity, gender expression, physical or mental disability, or medical condition (each a "prohibited basis"). Contractor shall ensure that applicants are employed, and that employees are treated during their employment, without regard to any prohibited basis. As a condition precedent to City's lawful capacity to enter this Agreement, and in executing this Agreement, Contractor certifies that its actions and omissions hereunder shall not incorporate any discrimination arising from or related to any prohibited basis in any Contractor activity, including but not limited to the following: employment, upgrading, demotion or transfer; recruitment or recruitment advertising; layoff or termination; rates of pay or other forms of compensation; and selection for training, including apprenticeship; and further, that Contractor is in full compliance with the provisions of Palm Springs Municipal Code Section 7.09.040, including without limitation the provision of benefits, relating to non-discrimination in city contracting. ARTICLE 10 --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. SUNRISE PARK RESTROOM CITY PROJECT NO. 19-13 DECEMBER 2020 S/GNA TURES ON NEXT PAGE AGREEMENT FORM AGREEMENT AND BONDS -PAGE 4