HomeMy WebLinkAbout1KCity Council Staff Re{)orl
DATE: April 8, 2021 CONSENT CALENDAR
SUBJECT: AWARD A CONSTRUCTION CONTRACT TO CORA CONSTRUCTORS
INC., A CALIFORNIA CORPORATION, IN THE AMOUNT OF $1,117,600
AND APPROVAL OF A PURCHASE ORDER IN THE AMOUNT NOT TO
EXCEED $162,090 TO VEOLIA WATER WEST OPERATING SERVICES
FOR CONSTRUCTION MANAGEMENT AND INSPECTION SERVICES
FOR THE BIOSOLIDS HANDLING AREA, CITY PROJECT 20-15.
FROM: David H. Ready, City Manager
BY: Development Services Department
SUMMARY:
Award of this contract will allow the City to proceed with construction of the biosolids
handling area and approval of a purchase order with our wastewater treatment plant
operator to provide the City with construction management and inspection services for
the Biosolids Handling Area, City Project 20-15 ("Project"). This item is being presented
at this time as it is entirely funded by the Wastewater Fund.
RECOMMENDATION:
1. Award a construction contract (Agreement No. ) to Cora Constructors Inc., a
California corporation, in the amount of $1,117,600 for the Biosolids Handling Area,
City Project 20-15; and,
2. Delegate authority to the City Manager to approve and execute construction contract
change orders up to $111, 760 with all change orders reported to the City Council; and,
3. Authorize a Purchase Order to Veolia Water West Operating Services Inc., pursuant
to Agreement No. 6804, in an amount not to exceed $162,090 for construction
management, inspection and material testing services for the Biosolids Handling Area,
City Project 20-15; and,
4. Authorize the City Manager to execute all necessary documents.
ITEM NO. _\.a...;\6...,.___
1
City Council Staff Report
April 8, 2021 --Page 2
Award City Project No. 20-15 -Biosolids Handling Area
BUSINESS PRINCIPAL DISCLOSURE:
Cora Constructors Inc. is a California corporation and Veolia Water West Operating
Services, Inc. is a Delaware corporation. Public Integrity Disclosure Forms for each
company are included as Attachment 1.
BACKGROUND:
On January 14, 2021, the City Council approved the plans, specifications, and estimate
for the Project, and authorized Staff to advertise and solicit bids. A copy of the staff report
is included as Attachment 2.
STAFF ANALYSIS:
On February 17, 2021, Staff advertised the Project to plan rooms1, and through a new
procurement program, PlanetBids TM, to allow the submission of bids electronically. On
February 19, 2021, Staff advertised the Project for bids in the Desert Sun. The contract
documents were provided free of charge to prospective bidders.
On March 23, 2021 at 3:00 p.m., the Engineering Division received five bids through
PlanetBids TM from the following contractors:
Company
Cora Constructors Inc.
Pacific Hydrotech Corporation
Metro Builders & Engineers Group, Ltd.
AToM Engineering Construction, Inc.
Caliagua, Inc.
Location
Palm Desert, CA
Perris, CA
Newport Beach, CA
Hemet, CA
Anaheim, CA
Bid Amount
$1, 117 ;600
$1,187,500
$1,367,092
$1,378,398
$1,589,600
Cora Constructors Inc. submitted the lowest responsive, responsible bid in the amount of
$1,117,600. The engineer's estimate for the Project as reported to the City Council on
January 24, 2021 was $582,909. Costs are significantly higher than the estimate
reflecting the current shortage of construction materials. The largest part of the Project is
the concrete, and the shortage of cement has affected the California, Arizona and Nevada
region hard. There is also a national shortage of PVC and steel that are contributing to
the increase in construction costs.
Local Business Preference Compliance
Section 7.09.030 of the Palm Springs Municipal Code ("PSMC"), "Local Business
Preference Program", requires prime contractors to use good faith efforts to sub-contract
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
1 0 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. 2
City Council Staff Report
April 8, 2021 --Page 3
Award City Project No. 20-15 -Biosolids Handling Area
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.
Cora Constructors 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.
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 Cora
Constructors Inc. and their listed subcontractors are registered with the DIR and are
appropriately licensed.
Bid Analysis
Staff reviewed all bid documents submitted by the apparent low bidder and determined
that Cora Corporation Inc. complies with the instructions to bidders and has submitted the
lowest responsive and responsible bid. Staff recommends that the City Council approve
the bid submitted by Cora Construction Inc. A construction agreement is included as
Attachment 3.
ConstructtonManagement&lnspectton
On November 4, 2015, the City Council approved a Wastewater Services Agreement
("Agreement") with Veolia Water West Operating Services, Inc. for the operation and
maintenance of the City's sewer collection system and the wastewater treatment plant. In
accordance with Section 5.3, "Capital Projects" of the Agreement, Veolia recommended
the City authorize a "Desirable Capital Project" for the biosolids handling area. On April
23, 2020, the City authorized Veolia to proceed with the preparation of the plans and
specifications for the Project. Veolia has submitted a proposal for construction
management and inspection services for the Project. A copy of the proposal is included
as Attachment 4. Based on Veolia's knowledge of the WWTP and operations, Staff
recommends that Veolia's proposal is accepted for construction management and
inspection services.
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
3
City Council Staff Report
April 8, 2021 --Page 4
Award City Project No. 20-15 -Biosolids Handling Area
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 15301 "Existing Facilities", Class 1(b) projects
consist of the operation, repair, maintenance, permitting, leasing, licensing, or minor
alteration of existing facilities of both investor and publicly-owned utilities used to provide
electric power, natural gas, sewerage, or other public utility services; therefore, the
Biosolids Handling Area, City Project No. 20-15 is categorically exempt from CEQA, and
a Notice of Exemption was prepared and filed with the Riverside County Clerk.
FISCAL IMPACT:
Sufficient funds are budgeted and available in the Wastewater Fund. The estimated costs
for the Pro·ect are identified in the followin table.
Table of Pro·ect Costs
SUBMITTED:
Director of Development Services
= 2~~ > -,ac:: ..
David H. Ready, Ph.D
City Manager
Attachments:
1. Public Integrity Disclosure Forms
2. Staff Report-January 14, 2021
3. Construction Agreement
4. Veolia Proposal dated March 23, 2021
ort
Amount
$1,530,000
$117,632
$20,000
$1,117,600
$111,760
$162,090
Bud et Remainin $918
Marcus L. Fuller, MPA, PLS, PE
Assistant City Manager
4
Attachment 1
5
PUBLIC INTEGRITY DISCLOSURE APPLICANT DISCLOSURE FORM
1. Name of Entity
Cora Constructors Inc
2. Address of Entity (Principia Place of Business)
75140 St. Charles Place Ste A. Palm Desert. CA 92211
3. Local or California Address (if different than #2)
same
4. State where Entity Is Registered with Secretary of state
California
ff other than California, is the Entity also reaistel8d in California? • Yes •No
5. Type of Entity
!Kl Corporation • Limited · Liability Company • Partnership • Trust • Other (please
soeciM
6. Officers, Directors, Members, Managers, Trustees, other Fiduciaries (please specify) Note: If any
response is not a natural person, please identify an officers, directors, members, managers and
otherfiduciaries fortha member, manager, trust or other entity
Dennis Stockton DI Officer • Director • Member • Manager • General Partner • Limited Partner
• Other
L~nne Cazeault Ei Officer • Director • Member • Manager • General Partner • Limited Partner
• other
NLA • Officer • Director • Member • Manager
• General Partner • Limited Partner
• other
CITY OF PALM SPRINGS-PUBLIC INTEGRITY DISCLOSURE
APPLICANT DISCLOSURE FORM
WNTP BIOSOUOS HANDLING AREA
CITY PROJECT NO. 20-15
FEBRUARY 2021
Page 1 of 2
6
7. Owners/Investors with a 5% beneficial interest in the Applicant Entity or a related entity
EXAMPLE:
Jane Doe 50%, ABC Company, Inc.
[name of owner/investor] (percentage of beneficial interest in entity and
name of entitvl
A.
Dennis Stockton 100%1 Cora Constructors Inc
[name of owner/investor] [percentage of beneficial Interest in entity and
name of entity]
B.
N/A
[name of owner/investor] [percentage ~f beneficial interest in entity and
name of entitvl
C.
~/A
[name of owner/investor] [percentage of beneficial interest in entity and
name of entltvl
D.
N/A
[name of ownernnvestor] (percentage of beneficial interest in entity and
name of entitvl
E.
N/A
[name of owner/investor] (percentage of beneficial Interest In entity and
name of entity]
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 Date
March 22, 2021
PENALTIES
Falsification of information or failure to report information required to be reported
may subject you to administrative action by the City.
CITY OF PALM SPRINGS -PUBLIC INTEGRITY DISCLOSURE
APPLICANT DISCLOSURE FORM
WNTP BIOSOUDS HANDLING AREA
CITY PROJECT NO. 2()..15
FEBRUARY 2021
Page 2 of2
7
PUBLIC INTEGRITY DISCLOSURE
APPLICANT DISCLOSURE FORM
1. Name of Entity
Veolia Water West Operating Services, Inc.
2. Address of Entity (Principle Place of Business)
53 State Street, 14th Floor, Boston, MA 02109
3. Local or California Address (if different than #2)
4375 E Mesquite Ave, Palm Springs, CA 92264
4. State where Entity is Registered with Secretary of State
Delaware
If other than California, is the Entity also reaistered in California? lxl Yes n No
5. Type of Entity
[K] Corporation D Limited Liability Company D Partnership D Trust D 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
_Wi_1ll_ia_m_D_iC_ro_c_e ____________ IB] Officer [!] Director D Member D Manager
[name]
D General Partner D Limited Partner
•Other ___________ _
__,J....,a=s=on'-'--=S=at...,go....___ _____________ 00 Officer [!] Director D Member D Manager
[na
D General Partner D Limited Partner
•Other ___________ _
_ R_o_be_rt_A_re_n_de_l_l ____________ 00 Officer ~ Director D Member D Manager
(Revised 09 13 18)
[na
D General Partner D Limited Partner
•Other ___________ _
CITY OF PALM SPRINGS -PUBLIC INTEGRITY DISCLOSURE
APPLICANT DISCLOSURE FORM
Page 1 of 2
8
7. Owners/Investors with a 5% beneficial interest in the Applicant Entity or a related entity
EXAMPLE
JANE DOE 50%, ABC COMPANY, Inc.
[name of owner/investor] [percentage of beneficial interest in entity
and name of entity]
A.
Veolia Water North America-West, LLC 100% *
[name of owner/investor] [percentage of beneficial interest in entity
and name of entity]
B.
[name of owner/investor] [percentage of beneficial interest in entity
and name of entity]
C.
[name of owner/investor] [percentage of beneficial interest in entity
and name of entity]
D.
[name of owner/investor] [percentage of beneficial interest in entity
and name of entity]
E.
[name of owner/investor] [percentage of beneficial interest in entity
and name of entity]
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 Date
Keith Oldewurtel, Senior Vice President
CITY OF PALM SPRINGS -PUBLIC INTEGRITY DISCLOSURE FORM
APPLICANT DISCLOSURE FORM
Page 2 of 2
(Revised 09 13.18)
9
Continuation Page
Item 6, continued
John Gibson, officer
James Pawloski, officer
Daniel Mahoney, officer
Keith Oldewurtel, officer
Francis Ferrara, officer
* Each of the persons listed in Item 6 {except James Pawloski) also serve as the officers of Applicant's
parent company Veolia Water North America-West, LLC, and William DiCroce, Jason Salgo, and Robert
Arendell also serve as managers of Veolia Water North America-West, LLC.
10
Attachment 2
11
City Council Staff Reoort
DATE: January 14, 2021 CONSENT CALENDAR
SUBJECT: APPROVAL OF PLANS, SPECIFICATIONS AND ESTIMATE (PS&E) AND
AUTHORIZATION TO BID THE BIOSOLIDS HANDLING AREA UPGRADE
PROJECT AT THE WASTEWATER TREATMENT PLANT, CITY
PROJECT NO. 20-15.
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 a
new biosolids handling area at the Wastewater Treatment Plant ("WV\/f P"), City Project
20-15, with an estimated cost of $600,000. 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 the Biosolids Handling Area Upgrade, City Project 20-15.
BACKGROUND:
On November 4, 2015, the City Council approved a Wastewater Services Agreement with
Veolia for operation and maintenance of the City's sewer collection system and the
WNTP.
As part of Veolia's services, Veolia identifies and recommends capital projects to upgrade
the Wastewater Treatment Plant and Sewer Collection System. Veolia and staff identified
the biosolids handling area as a space in need of improvement.
Biosolids are the sludge product generated by the treatment of sewage through the
wastewater process. The existing biosolids handling area is open and composed of dirt
which results in dust and odor complaints. An aerial view of the area is shown in Figure
1.
I. ~ ...• I. '0 .1 . C. 'g;..,,, J... • __, _____ _
12
City Council Staff Report
January 14, 2021 -Page 2
Authorize RFB -WNTP Biosolids Handling Area
Figure 1.
The Project will help mitigate public odor and dust complaints at the nearby park and
recreation facilities. The new concrete roadway will replace the existing asphalt roadway
that is quickly deteriorating under the weight of the fully loaded trucks hauling the
biosolids. A new concrete surface will replace the dirt area, correcting drainage issues
and improving the area for storage, handling, and containment of biosolids.
The Project also includes the installation of new water service for the maintenance,
operation and cleaning of the biosolids handling area. Reinforced concrete walls will be
constructed to contain dust, and the installation of new electrical service will provide
lighting and surveillance needed at the south end of the treatment plant for security and
site visibility.
STAFF ANALYSIS:
In accordance with Section 5.3, "Capital Projects" of the Veolia Wastewater Services
Agreement, Veolia recommended the City authorize a "Desirable Capital Project", and on
April 23, 2020, the City authorized Veolia to proceed with the preparation of plans and
specifications for construction. Staff identified this as the WWTP Biosolids Handling Area
Upgrade project, City Project, CP 20-15.
2
13
City Council Staff Report
January 14, 2021 -Page 3
Authorize RFB -WNTP Biosolids Handling Area
Veolia has completed the preparation of plans and specifications for the Project. The
contract documents prepared by Veolia have been reviewed and approved by the City's
Engineering Division.
With City Council approval, Staff will advertise the Project in the Desert Sun, submit the
Notice Inviting Bids to plan rooms1 , and provide the bid documents free of charge to
prospective bidders. A copy of the contract documents are on file with the Engineering
Division. The following tentative schedule has been identified for the bid process:
Notice Inviting Bids to be posted:
Deadline for receipt of bids:
Contract awarded by City Council:
January 19, 2021
February 23, 2021
March 15, 2021
Staff recommends that the City Council approve the contract documents and authorize
Staff to formally solicit construction bids for the Project.
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 acoordance with Section 15301 "Existing Facilities," Class 1(b) projects
consist of the operation, repair, maintenance, permitting, leasing, licensing, or minor
alteration of existing facilities of both investor and publicly-owned utilities used to provide
electric power, natural gas, sewerage, or other public utility services; therefore, the
Biosolids Handling Area Upgrade Project at the Wastewater Treatment Plant, City Project
20-15, is categorically exempt from CEQA, and a Notice of Exemption has been prepared
and filed with the Riverside County Clerk.
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
9 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.
3 14
City Council Staff Report
January 14, 2021 -Page 4
Authorize RFB -WNTP Biosolids Handling Area
FISCAL IMPACT:
Sufficient funds are available in the Wastewater Fund and the estimated costs are identified
in the following table:
Amount
$800 000
$53,000
$79,500
Bud et Remainin $118
SUBMITTED:
l nn F~g. A~CJ 5<
Director of Development Services
4
15
Attachment 3
16
AGREEMENT
(CONSTRUCTION CONTRACT)
THIS AGREEMENT made this 8th day of April, 2021, 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 Cora
Constructors Inc. 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:
WASTEWATER TREATMENT PLANT BIOSOLIDS HANDLING AREA
CITY PROJECT NO. 20-15
The Work comprises of furnishing all materials, equipment, tools, labor, incidentals,
all implied requirements, and all appurtenant work as required to complete
construction of a new concrete area near the south end of the Wastewater Treatment
Plant, removal of existing and construction of a new roadway to address drainage
and slope, the installation and completion of new water service to wash down
biosolids and street sweeper areas, and the installation and completion of new
electrical service to provide lighting and surveillance for the south end of the plant as
detailed within the contract documents.
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 applicable
provisions of the Standard Specifications, as modified herein. The parties 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, herein. 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. This
Section does not exclude recovery of other damages specified in the Contract Documents.
\/WvTP BIOSOLIDS HANDLING AREA
CITY PROJECT NO. 20-15
FEBRUARY 2021
AGREEMENT FORM
AGREEMENT AND BONDS -PAGE 1
17
Liquidated damages may be deducted from progress payments due Contractor, Project
retention or may be collected directly from Contractor, or from Contractor's surety. These
provisions for liquidated damages shall not prevent the City, in case of Contractor's
default, from terminating the Contractor.
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 $1,117,600.
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.
ARTICLE 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
WNTP BIOSOLIDS HANDLING AREA
CITY PROJECT NO. 20-15
FEBRUARY 2021
AGREEMENT FORM
AGREEMENT AND BONDS -PAGE 2 18
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 Enforcement), 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
All notices shall be in writing and either served by personal delivery or mailed to the other
party. Written notice to the Contractor shall be addressed to Contractor's principal place
of business unless Contractor designates another address in writing for service of notice.
Notice to the City shall be addressed to the City as designated in the Notice Inviting Bids
unless the City designates another address in writing for service of notice. Notice shall be
effective upon receipt of five (5) calendar days after being sent by first class mail,
whichever is earlier. Notice given by facsimile shall not be effective unless acknowledged
in writing by the receiving party.
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.
ARTICLE 9 -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,
indemnify, 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.
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 Enforcement), 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.
VWVTP BIOSOLIDS HANDLING AREA
CITY PROJECT NO. 20-15
FEBRUARY 2021
AGREEMENT FORM
AGREEMENT AND BONDS -PAGE 3 19
ARTICLE 10 --CONFLICT OF INTEREST
Contractor acknowledges that no officer or employee of the City has or shall have any
direct or indirect financial interest in this Agreement nor shall Contractor enter into any
agreement of any kind with any such officer or employee during the term of this
Agreement and for one (1) year thereafter. Contractor warrants that Contractor has not
paid or given, and will not pay or give, any third party any money or other consideration
in exchange for obtaining this Agreement.
ARTICLE 11--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 12 --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.
Each and every provision of law required to be included in these Contract Documents shall
be deemed to be included in these Contract Documents. The Contractor shall comply with
all requirements of applicable federal, state and local laws, rules and regulations, including,
but not limited to, the provisions of the California Labor Code and California Public
Contract Code which are applicable to this Work.
WWTP BIOSOLIDS HANDLING AREA
CITY PROJECT NO. 20-15
FEBRUARY 2021
AGREEMENT FORM
AGREEMENT AND BONDS -PAGE 4 20
\/WI/TP BIOSOLIDS HANDLING AREA
CITY PROJECT NO. 20-15
FEBRUARY 2021
SIGNATURES ON NEXT PAGE
AGREEMENT FORM
AGREEMENT AND BONDS -PAGE 5 21
IN WITNESS WHEREOF, the City and the Contractor have caused this Agreement to be
executed the day and year first above written.
CITY OF PALM SPRINGS,
CALIFORNIA
By ____________ _
ATTEST:
David H. Ready
City Manager
By __________ _
Anthony Mejia
City Clerk
APPROVED AS TO FORM:
By __________ _
Jeffrey S. Ballinger
City Attorney
RECOMMENDED:
By __________ _
Joel Montalvo, P.E.
City Engineer
'WNTP BIOSOLIDS HANDLING AREA
CITY PROJECT NO. 20-15
FEBRUARY 2021
APPROVED BY THE CITY COUNCIL:
Date --------
Agreement No. ___ _
AGREEMENT FORM
AGREEMENT AND BONDS -PAGE 6 22
CONTRACTOR
By: ________________ _
Firm/Company Name
By: _____________ _ By: _____________ _
Signature (notarized) Signature (notarized)
Name: ______________ _ Name: ______________ _
Title: ______________ _ Title: ______________ _
A notary public or other officer completing this certificate verifies only the identity of the individual who
signed the document to which this certificate is attached, and not the truthfulness, accuracy or validity of
that document.
(This Agreement must be signed in the above (This Agreement must be signed in the above space
space by one having authority to bind the by one having authority to bind the Contractor to the
Contractor to the terms of the Agreement.) terms of the Agreement.)
State of _______ ____.,
County of ss
On _______________ _
before me, _____________ _
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 signatures(s) on the
instrument the person(s), or the entity upon behalf
of which the person(s) acted, executed the
instrument.
State of _______ ____.,
County of ss
On _______________ _
before me, _____________ _
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 signatures(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 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.
WITNESS my hand and official seal.
Notary Signature:
Notary Seal:
WWTP BIOSOLIDS HANDLING AREA
CITY PROJECT NO. 20-15
FEBRUARY 2021
paragraph is true and correct.
WITNESS my hand and official seal.
Notary Signature:
Notary Seal:
AGREEMENT FORM
AGREEMENT AND BONDS -PAGE 7 23