HomeMy WebLinkAboutA9127 - ELECNOR BELCO ELECTRIC, INC ( CP 20-33 TRAFFIC SIGNAL INSTALLATION, SAN RAFAEL DRIVE AND AVENIDA CABALLEROSAGREEMENT A9127
(CONSTRUCTION CONTRACT)
THIS AGREEMENT made this 6Y�day of IA re 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 Elecnor Belco Electric, Inc., 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:
TRAFFIC SIGNAL INSTALLATION,
SAN RAFAEL DRIVE AND AVENIDA CABALLEROS,
CITY PROJECT NO. 20-33
The Work comprises of the intersection of San Rafael Drive and Avenida Caballeros in
the City of Palm Springs. The Work includes ADA ramp, curb, gutter, cross gutter,
pavement, striping, and a new traffic signal at the intersection. Removals and
reconstruction of existing roadway features is included.
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
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Section does not exclude recovery of other damages specified in the Contract Documents.
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 five hundred eleven thousand seven hundred six
dollars and zero cents ($511,706.00).
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
numbers 1 to 1j inclusive, 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
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conditions herein contained and referred to, for the Contract Price herein identified, and
hereby contracts to pay the same of the time, in the manner, and upon the conditions set
forth in the Contract Documents.
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
Ail 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 or 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
Contractor shall provide indemnification and defense as set forth in Section 7-15
"Indemnification," of the Special Provisions.
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.
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
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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.
SIGNATURES ON NEXT PAGE
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SIGNATURE PAGE TO AGREEMENT BY AND BETWEEN THE CITY OF PALM SPRINGS
AND ELECNOR BELCO ELECTRIC, INC
IN WITNESS WHEREOF, the Parties have executed this Agreement as of the dates
stated below.
CONTRACT
By: B I rr �
Sig atute - oni Gervilla, CFO Signature - Roger Devito, Sr. Vice President
(2nd signature required for Corporations)
Date: 5/2/22 Date: 5/2/22
CITY OF PALM SPRINGS:
APPROVED BY CITY COUNCIL:
Date:"zt-ZzltemNo. 1.& �9127
APPROVED AS TO FORM: ATTEST:
By: LD By
e ey . Balli r, on a meli,
City Attorney Interi City Clerk
111=161Tl ZI
By: Cinka-a"" Date:
Justin Clifton
City Manager
Revised 2.9.22 Page 5 of 5
CALIFORNIA ALL- PURPOSE
CERTIFICATE OF ACKNOWLEDGMENT
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.
State of California
County of San Bernardino }
On 5/4/22 before me, Rebecca Wilks, Notary Public
, ere rse�t�i eif�or e�i"�Ricep
personally appeared Jeroni Gervilla & Roger Devito
who proved to me on the basis of satisfactory evidence to be the person sDwhose
nameos is/4go subscribed to the within instrument and acknowledged to me that
he/she TDexecuted the same in his/he et uthorized capacity es and that by
his/her el signatureo on the instrument the persor�s , or the entity upon behalf of
which the person(Bacted, executed the instrument.
I certify under PENALTY OF PERJURY under the laws of the State of California that
the foregoing paragraph is true and correct.
WITNESS my hand and official seal. a� REBECCA WaKS
f NMary Public - Ca.ifornia
San Bernardino County
is Commission x 2300424
2—z&!'Ls'L� My Comm. LxPi•es t-$ S. 2023
Notary Public Signature (Notary Pudic Seal)
ADDITIONAL OPTIONAL INFORMATI
DESCRIPTION OF THE ATTACHED DOCUMENT
Palm Springs Contract
(Title a descnptw of allached documerd)
(Tale or desimplion of attadied document corainued)
Number of Pages Document Date
CAPACITY CLAIMED BY THE SIGNER
❑ Individual (s)
O Corporate Officer
(Title)
❑ Partner(s)
❑ Attorney -in -Fact
❑ Trustee(s)
❑ Other
INSTRUCTIONS FOR COMPLETING THIS FORM
ON Thts furor complies with current C alif nwra statutes regarding notary wording and,
if needed should be. completed and attached to the document Acknowledgments
from other states mar be completed for doerrments being seat to that state so long
as the +cording does not reyurre the C alifortrra notary to rrolate Calonwia notary
law.
• State and County information must be the State and County where the docrunew
signerts) personally appeared before the notary public for acknowledgment.
• Date of notarization must be the date that the signals) personally appeared which
must also be the same date the acknowledgment is completed.
• The notary prtblic must print his or her name as it appears within his or her
commission followed by a cormmti and then your title (muary public).
• Print the narrm(s) of document signals) who personally appear at the time of
notarization.
• Indicate the correct singular or flood fors by crossing MY incorrect forms (i.e.
hatshe/fhey. is Jam) or circling die correct forms. Failure to correctly indicate this
information Wray lead to rejection of document recording.
• The notary seal impression most be clear and photographically reproducible.
Impression must not cover text or lines. If seal impression smudges, re -seal if a
sufficient area permits, otherwise complete a different acknowledgment form.
• Signature of the notary public must Hunch the signature on file with the office of
the county clerk.
<.• Additional inforatiort is not required but could help to ensure this
acknowledgment is not misused or attached to a different document.
Indicate title or type of attached dmument, number of pages and date.
Indicate die capacity claimed by the signer. If the claimed capacity is a
corporate officer, indicate the title (i.e. CEO, CFO. Secretary)
• Securely attach this document to the signed document with a staple-