HomeMy WebLinkAbout10/7/2009 - STAFF REPORTS - 2.I.Date:
Subject:
From:
October 7, 2009
City Council Staff Report
CONSENT CALENDAR
AWARD OF CONTRACT FOR THE PORT LAWRENCE TEMPORARY
PARKING LOT IMPROVEMENTS, (CITY PROJECT 09-06)
David H. Ready, City Manager
Initiated by: Public Works and Engineering Department
L, TAIJil_1:i'1
The Port Lawrence residential and commercial project located at North Palm Canyon
Drive and Alejo Road has been delayed from starting construction. In an effort to make
use of the currently vacant site, it is proposed that the site be used as a temporary
parking lot to provide additional parking for downtown business, and to install berming
and desert landscaping around the perimeter of the site. Award of this contract will
allow staff to proceed with this public project.
RECOMMENDATION:
1) Approve Agreement No. , a License Agreement with Palm Springs, LLC, a
Delaware limited liability company; and
2) Approve Agreement No. in the amount of $88,648.10 with Demo
Unlimited, Inc., a California corporation, for Bid Schedules A and B, for the Port
Lawrence Temporary Parking Lot Improvements, (City Project 09-06); and
3) Authorize the City Manager to execute all necessary documents.
STAFF ANALYSIS:
On October 4, 2006, the City Council approved a 118-unit condominium development
with 25,000 square feet of commercial space on 4.1 acres located on the south side of
Alejo Road between N. Palm Canyon Dr. and N. Indian Canyon Dr. (Case No. 5.1091,
PD-324, Case No. 3.2933, Vesting TTM 34190). The site previously consisted of
various commercial properties, which were acquired by the developer for the Port
Lawrence project and subsequently demolished. The site is now vacant.
Ti�M Z,L
City Council Staff Report
October 7, 2009 - Page 2
Port Lawrence Temporary Parking Lot Improvements (CP09-06)
After the City's approval of the Port Lawrence project, the national economy suffered its
most dramatic decline since the Great Depression. The recession has essentially
frozen financing for residential and commercial projects. This fact has prevented the
Port Lawrence project from proceeding with construction as approved.
City staff has discussed with the developer a variety of alternative uses for the currently
vacant site while the national economy recovers. Since the site is prominently located
at the entrance to the Downtown Business District, the site has significant value and it is
staffs recommendation that the vacant site be adapted for an alternative use in the
interim until such time when the economy might support financing of a large-scale
residential or commercial project at this site.
It has been proposed that a temporary parking lot be constructed on the site, with
access from Palm Canyon Dr., providing an additional 48 parking spaces. The Public
Works and Engineering Department has prepared plans and specifications for
construction of this temporary parking lot, which will include construction of an earthen
berm 3 feet high meandering around the entire perimeter of the site along the three
street frontages, with desert landscaping.
It is proposed that the temporary parking lot be constructed using 6 inches of crushed
miscellaneous base, compacted and sealed, much as the overflow parking lot for
Demuth Park was constructed near the YMCA on Mesquite Avenue. Parking spaces
would be undesignated (striped) similar to the Demuth Park overflow parking and other
unpaved parking areas. The Alternative Bid Schedule allows for constructing the
temporary parking lot with 2Y2 inches of asphalt paving on compacted subgrade.
On October 2, 2009, the City Council approved the plans, specifications, and working
details, and authorized bidding of this project. On September 9 and 16, 2009, the
project was advertised for bids, and at 2:00 P.M. on October 6, 2009, the Procurement
and Contracting Manager received construction bids from the following contractors:
1. Demo Unlimited, Inc.; Indio, CA; $88, 648.10
2. D.P. Mangan, Inc., dba Pave West; La Habra, CA; $89,969.00
3. Caliber Paving Company, Inc.; Santa Ana, CA; $90,960.00
4. Lippert Construction, Inc.; Indio, CA; $95,061.50
5. Earth Sculptures, Inc.; Indio, CA; $99,490.00
6. Ted Company; San Clemente, CA; $99,985,00
7. Tri Star Contracting II, Inc.; Desert Hot Springs, CA; $100,140.00
8. IAC Engineering, Inc.; Upland, CA; $105,910.81
9. Wheeler Paving, Inc.; Riverside, CA; $108,560.00
10. G&M Construction; Palm Springs, CA; $120,350.00
11. Contreras Construction Co.; Indio, CA; $1267390,00
12. Dateland Construction Co., Inc.; Indio, CA; $134,564.00
13. Century Paving, Inc.; La Mirada, CA, $137,625.00
14. B&T Works, Inc.; Wildomar, CA; $140,260.00
15. Haitbrink Asphalt Paving, Inc.; Corona, CA; $149,045.00
16. Elite Bobcat Service, Inc.; Corona, CA; $158,630.00
The basis of award was based on the sum of Bid Schedule A (construction of the
parking lot without asphalt) and Bid Schedule B (landscaping).
City Council Staff Report
October 7, 2009 - Page 3
Port Lawrence Temporary Parking Lot Improvements (CP09-06)
As an alternative to awarding Bid Schedule A, the Council may choose to award
Alternative Bid Schedule A which would include construction of the parking lot with
asphalt concrete pavement. The low bid price for Alternative Bid Schedule A (with
asphalt paving) is $66,067.10 as compared to $41,342,10 for Bid Schedule A (without
asphalt paving), a difference of $24,725.00. The low bid price for Bid Schedule B
(landscaping) is $47,306.00. If Council chooses to proceed with Alternative Bid
Schedule A (with asphalt paving) and Bid Schedule B (landscaping), the award amount
is $113,373.10.
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; submission of good
faith efforts is required. The low bid was submitted by a contractor located in Indio, and
is considered a local business enterprise. In addition, the bidder lists two local sub-
contractors: Pink, Inc., (Palm Desert, CA) for installation of landscaping; and Land
Survey and Planning Consultants (Desert Hot Springs) for construction survey.
The Engineer's Estimate was $150,000. The low bid was submitted by Demo Unlimited,
Inc., a California corporation, and its principal officers are Carolyn Curci, President and
Mel Curci, Secretary/Treasurer.
A License Agreement has been prepared by the City Attorney's office, which grants the
City a license to enter upon and use the Port Lawrence property as proposed. Approval
of the Agreement is necessary in order to construct this interim project.
FISCAL IMPACT:
Funding for this project has been established in account 261-1395-54084.
Submitted:
David J. Barakian Thomas J. Wil
Director of Public Works/City Engineer Assistant City Manager
David H. Ready
City Manager
Attachments:
1. Agreement (two versions)
2. License Agreement (to be provided)
F171c] »4JII4►I1
THIS AGREEMENT made this day of , 200_, 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 Demo Unlimited, Inc., a California corporation, hereinafter
designated as the Contractor.
The Agency and the Contractor, in consideration of the mutual covenants hereinafter set
forth, agree as follows:
ARTICLE 1 -- THE WORK
The Contractor shall complete the Work as specified or indicated under the Bid
Schedule(s) of the City's Contract Documents entitled:
PORT LAWRENCE TEMPORARY PARKING LOT IMPROVEMENTS
CITY PROJECT NO. 09-06
The Work generally consists of a temporary parking lot on vacant land located on the
south side of Alejo Road between Palm Canyon Dr. and Indian Canyon Dr., including all
necessary earthwork and grading, construction of earthen berm with irrigation and
landscaping, and all appurtenant work.
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. 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 of $1,125 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.
PORT LAWRENCE TEMPORARY PARKING LOT
CITY PROJECT NO. 09.06 AGREEMENT FORM
September 1 2009 AGREEMENT AND BONDS - PAGE 1
ARTICLE 3 -- CONTRACT PRICE $88,648.10 Bid Schedules A and B
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
and Bid Schedule(s)-
ARTICLE 4 -- THE CONTRACT DOCUMENTS
The Contract Documents consist of the Notice Inviting Bids, Instructions to Bidders, the
accepted Bid and Bid Schedule(s), List of Subcontractors, Non -collusion Affidavit,
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 01 to 02, inclusive, and all 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 -- 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 Engineer or the City as provided in the Contract Documents.
ARTICLE 6 -- NOTICES
Whenever any provision of the Contract Documents requires the giving of a written
Notice, 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 7 -- 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.
PORT LAWRENCE TEMPORARY PARKING LOT
CITY PROJECT NO.09-06 AGREEMENT FORM
September 1, 2009 AGREEMENT AND BONDS - PAGE 2
IN WITNESS WHEREOF, the City and the Contractor have caused this Agreement to be
executed the day and year first above written.
ATTEST: APPROVED BY THE CITY COUNCIL:
CITY OF PALM SPRINGS,
CALIFORNIA
Date
By Agreement No.
City Clerk
APPROVED AS TO FORM:
By
City Attorney
Date
CONTENTS APPROVED:
By
City Engineer
Date
By
City Manager
Date
PORT LAWRENCE TEMPORARY PARKING LOT
CITY PROJECT NO. 09-06 AGREEMENT FORM
September 1, 2009 AGREEMENT AND BONDS - PAGE 3
Corporations require two notarized signatures. One signature must be from Chairman of Board, President, or any
Vice President. The second signature mus be from the Secretary, Assistant Secretary, Treasurer, Assistant
Treasurer, or Chief Financial Officer.
CONTRACTOR: Name: Demo Unlimited, Inc.
Address, 81750 Avenue 50
Indic. CA 92201
By:
Signature (notarized)
Name:
Title:
(This Agreement must be signed in the above
space by one of the following: Chairman of the
Board, President or any Vice President)
State of 7
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
laws of the State of California that the foregoing
paragraph is true and correct.
WITNESS my hand and official seal.
Notary Signature:
Notary Seal:
Check one. _Individual —Partnership X Corporation
La
Signature (notarized)
Name.
Title:
This Agreement must be signed in the above
space by one of the following. Secretary, Chief
Financial Officer or any Assistant Treasurer)
State of n
County of nss
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
laws of the State of California that the foregoing
paragraph is true and correct.
WITNESS my hand and official seal
Notary Signature:
Notary Seal:
PORT LAWRENCE TEMPORARY PARKING LOT
CITY PROJECT NO 09-06
September 1, 2009
AGREEMFNTFORM
AGREEMENT AND BONDS - PAGE 4
AGREEMENT
THIS AGREEMENT made this _ day of , 200, 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 Demo Unlimited, Inc., a California corporation, hereinafter
designated as the Contractor.
The Agency and the Contractor, in consideration of the mutual covenants hereinafter set
forth, agree as follows,
ARTICLE 1 -- THE WORK
The Contractor shall complete the Work as specified or indicated under the Bid
Schedule(s) of the City's Contract Documents entitled:
PORT LAWRENCE TEMPORARY PARKING LOT IMPROVEMENTS
CITY PROJECT NO. 09-06
The Work generally consists of a temporary parking lot on vacant land located on the
south side of Alejo Road between Palm Canyon Dr. and Indian Canyon Dr., including all
necessary earthwork and grading, construction of earthen berm with irrigation and
landscaping, and all appurtenant work.
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. 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 of $1,125 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.
PORT LAWRENCE TEMPORARY PARKING LOT
CITY PROJECT NO. 09-06 AGREEMENT FORM
September 1, 2009 AGREEMENT AND BONDS - PAGE 1
ARTICLE 3 -- CONTRACT PRICE $113,373.10
Alternative Bid Sch. A and Bid Sch. B
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
and Bid Schedule(s)-
ARTICLE 4 -- THE CONTRACT DOCUMENTS
The Contract Documents consist of the Notice Inviting Bids, Instructions to Bidders, the
accepted Bid and Bid Schedule(s), List of Subcontractors, Non -collusion Affidavit,
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 01 to 02, inclusive, and all Change
Orders and Work Change Directives which may be delivered or issued after the Effective
Date of the Agreement and are not attached hereto.
F-11 A 9 IN]I=&MJa\'IVtl=1kiI&IaGIy=1BillN=F?
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 Engineer or the City as provided in the Contract Documents.
ARTICLE 6 -- NOTICES
Whenever any provision of the Contract Documents requires the giving of a written
Notice, 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.
la1:i�Cy��'�Jd6Yy��Aelax�l�b9
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.
PORT LAWRENCE TEMPORARY PARKING LOT
CITY PROJECT NO. 09-06 AGREEMENT FORM
September 1, 2009 AGREEMENT AND BONDS - PAGE 2
IN WITNESS WHEREOF, the City and the Contractor have caused this Agreement to be
executed the day and year first above written.
ATTEST: APPROVED BY THE CITY COUNCIL:
CITY OF PALM SPRINGS,
CALIFORNIA
Date
By Agreement No.
City Clerk
APPROVED AS TO FORM:
By
City Attorney
Date
CONTENTS
APPROVED:
By
City Engineer
Date
By
City Manager
Date
PORT LAWRENCE TEMPORARY PARKING LOT
CITY PROJECT NO 09-06 AGREEMENT FORM
September 1, 2009 AGREEMENT AND BONDS - PAGE 3
Corporations require two notarized signatures: One signature must be from Chairman of Board, President, or any
Vice President. The second signature must be from the Secretary, Assistant Secretary, Treasurer, Assistant
Treasurer. or Chief Financial Officer.
CONTRACTOR: Name: Demo Unlimited. Inc.
Address: $1750 Avenue 50
Indio. CA 92201
By.
Signature (notarized)
Name:
Title:
(This Agreement must be signed in the above
space by one of the following: Chairman of the
Board, President or any Vice President)
State of [I
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
laws of the State of California that the foregoing
paragraph is true and correct.
WITNESS my hand and official seal
Notary Signature:
Notary Seal:
Check one: _Individual _Partnership X Corporation
0
Signature (notarized)
Name:
TitIP-
This Agreement must be signed in the above
space by one of the following: Secretary, Chief
Financial Officer or any Assistant Treasurer)
State of ❑
County of uss
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
laws of the State of California that the foregoing
paragraph is true and correct.
WITNESS my hand and official seal.
Notary Signature:
Notary Seal:
PORT LAWRENCE TEMPORARY PARKING LOT
CITY PROJECT NO. 09-06
September 1 2009
AGREEMENTFORM
AGREEMENT AND BONDS - PAGE 4
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Date:
Subject:
From:
October 7. 2009
Citv Council Staff Report
CONSENT CALENDAR
AWARD OF CONTRACT FOR THE PORT LAWRENCE TEMPORARY
PARKING LOT IMPROVEMENTS, (CITY PROJECT 09-06)
David H. Ready, City Manager
Initiated by: Public Works and Engineering Department
SUMMARY
The Port Lawrence residential and commercial project located at North Palm Canyon
Drive and Alejo Road has been delayed from starting construction. In an effort to make
use of the currently vacant site, it is proposed that the site be used as a temporary
parking lot to provide additional parking for downtown business, and to install berming
and desert landscaping around the perimeter of the site. Award of this contract will
allow staff to proceed with this public project.
RECOMMENDATION:
1) Approve Agreement No. , a License Agreement with Palm Springs, LLC, a
Delaware limited liability company; and
2) Approve Agreement No. in the amount of $ with
for the Port Lawrence Temporary Parking Lot Improvements, (City Project 09-
06); and
3) Authorize the City Manager to execute all necessary documents.
STAFF ANALYSIS:
On October 4, 2006, the City Council approved a 118-unit condominium development
with 26,000 square feet of commercial space on 4.1 acres located on the south side of
Alejo Road between N. Palm Canyon Dr. and N. Indian Canyon Dr. (Case No. 5.1091,
PD-324, Case No. 3.2933, Vesting TTM 34190). The site previously consisted of
various commercial properties, which were acquired by the developer for the Port
Lawrence project and subsequently demolished. The site is now vacant.
7EM NO. �.. �
City Council Staff Report
October 7, 2009 - Page 2
Port Lawrence Temporary Parking Lot Improvements (CP09-06)
After the City's approval of the Port Lawrence project, the national economy suffered its
most dramatic decline since the Great Depression. The recession has essentially
frozen financing for residential and commercial projects. This fact has prevented the
Port Lawrence project from proceeding with construction as approved.
City staff has discussed with the developer a variety of alternative uses for the currently
vacant site while the national economy recovers. Since the site is prominently located
at the entrance to the Downtown Business District, the site has significant value and it is
staffs recommendation that the vacant site be adapted for an alternative use in the
interim until such time when the economy might support financing of a large-scale
residential or commercial project at this site.
It has been proposed that a temporary parking lot be constructed on the site, with
access from Palm Canyon Dr., providing an additional 48 parking spaces. The Public
Works and Engineering Department has prepared plans and specifications for
construction of this temporary parking lot, which will include construction of an earthen
berm 3 feet high meandering around the entire perimeter of the site along the three
street frontages, with desert landscaping.
It is proposed that the temporary parking lot be constructed using 6 inches of crushed
miscellaneous base, compacted and sealed, much as the overflow parking lot for
Demuth Park was constructed near the YMCA on Mesquite Avenue. Parking spaces
would be undesignated (striped) similar to the Demuth Park overflow parking and other
unpaved parking areas. The Alternative Bid Schedule allows for constructing the
temporary parking lot with 2'Y2 inches of asphalt paving on compacted subgrade.
On October 2, 2009, the City Council approved the plans, specifications, and working
details, and authorized bidding of this project. On September 9 and 16, 2009, the
project was advertised for bids, and at 2:00 P.M. on October 6, 2009, the Procurement
and Contracting Manager received construction bids from the following contractors.
1.
2.
3.
4.
5.
The Engineer's Estimate was $150,000. The low bid was submitted by a
, and its principal officers are
A License Agreement has been prepared by the City Attorney's office, which grants the
City a license to enter upon and use the Port Lawrence property as proposed. Approval
.of the Agreement is necessary in order to construct this interim project.
City Council Staff Report
October 7, 2009 - Page 3
Port Lawrence Temporary Parking Lot Improvements (CP09-06)
FISCAL IMPACT:
Funding for this project has been established from unallocated general fund balance.
Submitted:
���i1 it ,u act �0- q�/,-�
David J. Barakian Thomas J. Wilson
Director of Public Works/City Engineer Assistant City Manager
�.0 (" /� 'L�
4 David H. Ready/
City Manager
Attachments:
1. Agreement
2. License Agreement (to be provided)
3
e
I_Ch:lg4 yi14ZI1
THIS AGREEMENT made this day of , 200 , 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
hereinafter designated as the Contractor.
The Agency and the Contractor, in consideration of the mutual covenants hereinafter set
forth, agree as follows:
ARTICLE 1 -- THE WORK
The Contractor shall complete the Work as specified or indicated under the Bid
Schedule(s) of the City's Contract Documents entitled.
PORT LAWRENCE TEMPORARY PARKING LOT IMPROVEMENTS
CITY PROJECT NO, 09-06
The Work generally consists of a temporary parking lot on vacant land located on the
south side of Alejo Road between Palm Canyon Dr. and Indian Canyon Dr., including all
necessary earthwork and grading, construction of earthen berm with irrigation and
landscaping, and all appurtenant work.
h1AIMI=WzffeieLriIT, 1:1►[y=1Vil=1.111re1►IIllwe]IT, I:j14;kIEel a
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. 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 of $1,125 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.
PORT LAWRENCE TEMPORARY PARKING LOT
CITY PROJECT NO 09-06 AGREEMENT FORM
September 1, 2009 AGREEMENT AND BONDS - PAGE 1
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
and Bid Schedule(s).
U-1AILai 14:4E,MIEgIOlK0]►1110-Aeb9lIsIallI11,1:1.II16y
The Contract Documents consist of the Notice Inviting Bids, Instructions to Bidders, the
accepted Bid and Bid Schedule(s), List of Subcontractors, Non -collusion Affidavit,
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 to , inclusive,
and all 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 -- 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 Engineer or the City as provided in the Contract Documents.
ARTICLE 6 -- NOTICES
Whenever any provision of the Contract Documents requires the giving of a written
Notice, 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 7 -- 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.
PORT LAWRENCE TEMPORARY PARKING LOT 5
CITY PROJECT NO. 09-06 AGREEMENT FORM
September 1, 2009 AGREEMENT AND BONDS - PAGE 2
IN WITNESS WHEREOF, the City and the Contractor have caused this Agreement to be
executed the day and year first above written.
ATTEST: APPROVED BY THE CITY COUNCIL:
CITY OF PALM SPRINGS,
CALIFORNIA
Date
By Agreement No.
City Clerk
APPROVED AS TO FORM:
By
City Attorney
Date
CONTENTS APPROVED:
By
City Engineer
Date
By
City Manager
Date
PORT LAWRENCE TEMPORARY PARKING LOT 5
CITY PROJECT NO 09-06 AGREEMENT FORM
September 1, 2009 AGREEMENT AND BONDS - PAGE 3
Corporations require two notarized signatures One signature must be from Chairman of Board, President, or any
Vice President. The second signature must be from the Secretary, Assistant Secretary, Treasurer, Assistant
Treasurer, or Chief Financial Officer,
CONTRACTOR:Name:
Address:
M
Signature (notarized)
Name:
Title:
(This Agreement must be signed in the above
space by one of the following: Chairman of the
Board, President or any Vice President)
State of II
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
laws of the State of California that the foregoing
paragraph is true and correct.
WITNESS my hand and official seal.
Notary Signature:
Notary Seal:
Check one: _Individual —Partnership _Corporation
By:
Signature (notarized)
Name:
Title
This Agreement must be signed in the above
space by one of the following: Secretary, Chief
Financial Officer or any Assistant Treasurer)
State of FI
County of I-Iss
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
laws of the State of California that the foregoing
paragraph is true and correct.
WITNESS my hand and official seal
Notary Signature:
Notary Seal.
PORT LAWRENCE TEMPORARY PARKING LOT
CITY PROJECT NO, 09-06
September 1, 2009
AGREEMENTFORM .ry
AGREEMENT AND BONDS -PAGE 4 l
LICENSE AGREEMENT
Vesting Tentative Tract Map No. 34190
The "Rael" Project
This License Agreement (hereinafter referred to as "License") is made by and between
the CITY OF PALM SPRINGS, a California Charter City (hereinafter referred to as "City"), and
PALM SPRINGS, LLC, a Delaware limited liability company (hereinafter referred to as
"Licensor")(hereinafter collectively referred to as "Parties"),
RECITALS
A. Licensor is the owner of parcel of land generally located at the southeast corner of
the intersection of North Indian Canyon Drive and East Alcjo Road, City of Palm Springs,
County of Riverside, California. The property is more specifically described on Exhibit "A" to
this License (the "Property").
B. The Property is currently undeveloped subject to Vesting Tentative Tract Map
No. 34190 ("VTTM") for condominium purposes and Licensor is currently operating a
temporary mobile office structure on the Property which may remain in place.
C. City and Licensor desire to enter into this license agreement to preserve the
interests of the parties, ensuring that each party assumes and performs their respective rights and
obligations in the Property relative to the City's use of the Property.
AGREEMENT
NOW, THEREFORE, THE PARTIES AGREE AS FOLLOWS:
Section 1. Grant of License. Licensor hereby grants to City a license to enter upon
and use the Property for the limited purposes of ingress and egress, a public right—of-way for
limited parking purposes not to exceed the amount of spaces designated on the Attached Site
Plan marked Exhibit " B," sign posting, and the installation and maintenance of limited perimeter
landscaping only, including but not limited to irrigation 'systems related thereto. There shall be
no seating or irnprovements to the site for public gathering and none shall be permitted on the
site without the express written approval of Licensor. The City will be responsible to indemnify
Licensor against any complaints of dust or vagrants habituating the site. There shall be no access
to the site fiom Indian Canyon Drive so as to strictly prevent the property becoming a by-pass
route between Indian Canyon and Palm Canyon Roads.
Section 2. Term of License. This License shall remain in full force and effect until
terminated by either of the Parties hereto as follows:
2.1 City shall have the right to terminate this License by providing thirty (30) days
advance written notice to Licensor of such termination. City may tenninate this License for
convenience and without cause.
1032/025193-0001
10374uo UI af19/30Po9 a
2.2 Licensor shall have the right to terminate this License at Licensor's sole and
absolute discretion by providing thirty (30) days advance written notice to City or upon
issuance of the initial Building Permit to Licensor related to the VTTM, whichever occurs first in
time.
2.3 Upon termination of this License, the Property shall remain in an "as -is"
condition with all improvements installed pursuant to this License in place. The removal of any
improvements installed pursuant to this License and any and all costs related thereto shall be the
sole responsibility of the City in the event such improvements are removed prior to tennination
of the License.
Section 3. Investigation and Condition of the Property. City acknowledges that it has
access to the Property in an "as is" condition under this License, and that Licensor makes no
representation or warranty concerning the physical, environmental, geotechnical, or other
condition of the Property, and the suitability of the Property for the uses set forth in Section 1
hereinabove. City specifically acknowledges that no officer, employee, consultant, or agent of
Licensor has made any representation or warranty of air, water rights, utilities, present and future
zoning, soil, subsoil, existence of Hazardous Materials or similar substances, the purpose For
which the Property is suited, or drainage. City further agrees that it shall be responsible for the
condition of the Property it creates or causes while City is utilizing the Property.
All obligations of City under the ternrs of this License, including the installation and
maintenance of any improvements on the Property, shall be at the sole cost and expense of the
City.
Section 4. City's Obligations. In consideration of Licensor's agreement to allow entry
into the Property, City agrees to maintain the Property in a good, clean, and safe condition and
shall not use the Property in a manner that will unreasonably interfere with Licensor's rights in
the Property.
Section 5. Release and Indemnification by City. City shall release, indemnify,
defend, protect, and hold harmless Licensor and Licensor's officers, employees, consultants, and
agents from and against any and all claims, demands, judgments, actions, damages, losses,
penalties, liabilities, costs, and expenses (including, without limitation, attorneys fees and court
costs) arising from or in cormection with (i) the performance of any obligation by City under the
terms of this License, (ii) City's use of the Property, or (iii) the conduct of City's business or any
activity, work or things done, pemiitted or suffered by City in or about the Property, except to
the extent caused by Licensor's sole negligence or willful misconduct. Notwithstanding any
other provision of the License to the contrary, City shall not be liable for any damage, claim or
injury for any reason whatsoever as relates to the temporary mobile office structure existing in
and on the Property for Licensor's exclusive use.
Section 6. Insurance. Prior to the commencement of use of the Property, City will
provide Licensor with proof of insurance, at City's sole cost and expense, to remain in full Force
and effect during the entire term of this License. The following policies of insurance shall be
maintained:
1032J025193-0001
1037466.01 a09/30109 -�-
6.1 Cotmmercial General Liability. Commercial General Liability Insurance
written on a per -occurrence and not a claims -made basis in an amount not less that One Million
Dollars ($1,000,000) combined single limit. In satisfaction of the City's obligations under this
Section 6, City may at City's option self -insure all or a portion of the liability maount provided
herein.
6.2 General Provisions. All of the foregoing policies of insurance shall name the
Licensor as an additional insured and shall be primary insurance and any insurance maintained
by Licensor shall be excess and non-contributing. Each of such policies of insurance shall name
Licensor and its affiliated entities, and their respective officers, directors, agents, and employees.
All policies of insurance required to be obtained by City hereunder shall be issued by insurance
companies authorized to do business in California and must be rated no less than B+:1/11 or
better in Best's Insurance Guide. Prior to engaging in any operations hereunder, City shall
deliver to Licensor certificate of insurance evidencing the coverage specified above. Such
policies shall not be cancelled or materially altered to the detriment of City or Licensor without
the insurer providing Licensor with 30 days' written notice except that the insurer is only
obligated to provide Licensor 10 days' written notice in the event City fails to pay any premium.
Section 7. License Not Assignable. This License shall become effective on the
effective date and is personal to the City and is not assignable.
Section 8. Waste, Damage, or Destruction; Surrender of Property. The City shall not
allow any waste, damage, or destruction to occur on the Property.
Section 9. Government Approvals; Compliance with Laws. City, at its sole cost and
expense, shall obtain all permits and approvals required with respect to the use and related
activities as set forth in this License.
Section 10. Governing Law. This License shall be governed by, interpreted under, and
construed and enforced in accordance with the laws of the State of California.
Section 11. Attorney's Pees. If either party to this License is required to initiate or
defend or made a party to any action or proceeding in any way connected with this License, the
prevailing party in such action or proceeding, in addition to any other relief which may be
granted, whether legal or equitable, shall be entitled to reasonable attorneys fees. Attorney's fees
shall include attorney's fees on any appeal, and in addition a party entitled to attorney's fees shall
be entitled to all other reasonable costs for investigating such action, taking depositions and
discovery and all other necessary costs the court allows which are incurred in such litigation. All
such fees shall be deemed to have accrued on commencement of such action and shall be
enforceable whether or not such action is prosecuted to judgment_
Section 12. Severability. If any paragraph, section, sentence, clause or phrase
contained in this License shall become illegal, null or void, against public policy, or otherwise
unenforceable, for any reason, or held by any court of competent jurisdiction to be illegal, null or
void, against public policy, or otherwise unenforceable, the remaining paragraphs, sections,
sentences, clauses or phrases contained in the License shall not be affected thereby.
�039/025193-0001 J
�037p66 01'09/30/09 -3- A 0
Section 13. Waiver. The waiver of any breach of any provision hereunder by City or
Licensor shall not be deemed to be a waiver of any preceding or subsequent breach hereunder.
No failure or delay of any Party in the exercise of any right given hereunder shall constitute a
waiver thereof nor shall any partial exercise of any right preclude further exercise thereof.
Section 14. Counterparts. This License may be signed in any number of counterparts,
each of which will be deemed to be an original, but all of which together will constitute one
instrument.
Section 15. Notice. Any notice required or permitted to be given hereunder shall be in
writing and signed by the Party, officer or agent of the Party to whom it is to be sent, and shall be
either: (a) personally delivered to the Party to whom it is to be sent, or (b) sent via overnight
courier services, or (c) sent via certified or registered mail, return receipt requested, postage
prepaid to the respective addresses, or such other addresses as the Parties may specify in writing:
To City: City of Patin Springs
3200 East Tahquitz Canyon Way
Patin Springs, California 92262
Attn: City Cleric
To Licensor: Palm Springs, LLC
2415 Campus Drive, Suite 140
Irvine, California 92612
Attn: Lawrence Rael
Section 16. Effective Date. The effective date of this License shall be October 7, 2009.
SIGNATURES ON FOLLOWING PAGE
1032/0225193-0001 4 Y
1037466.01 a09130/09 1
IN WITNESS WHEREOF, the Parties hereto have executed this License as of the
Effective Date.
CITY OF PALM SPRINGS
By:
David H. Ready, Esq-, PhD.
City Manager
ATTEST:
James Thompson, City Clerk
APPROVED AS TO FORM:
Douglas Holland, City Attorney
PALM SPRINGS. LLC
By:
Lawrencc Rael
No
1032/025193iID01 7 r0
103746601 a09/30/09 -5- Y ti.
1_WWx1-3I@V.V
Legal Description
Lots 3, 2, 3, 4 and the Northerly 25 feet of the westerly 145.5 feet of Lot 5, Block 24,
Map of Palm. Springs, in the County of Riverside, State of California, as shown by map on file in
Boole 9, Page 432, of Maps, records of San Diego County*, California.
APNs: 513-081-002, 003, 004, 005, 006, and 023
*Legal Description from VTTM needs to be verified.
1:0:1131I1ii 9w
See Attached Site Plan
�0311025193-0001 J
1037466 01 a09P^
0/09 -6- 1 3