HomeMy WebLinkAbout11/18/2009 - STAFF REPORTS - 2.I. ry
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STAFF REPORT
DATE: November 18, 2009 CONSENT CALENDAR
SUBJECT: FIRE SPRINKLER SYSTEM FOR PALM CANYON THEATER,
RFP NO. 06-10
FROM: David H Ready, Executive Director
BY: Public Works & Engineering and Fire Departments
SUMMARY
Approval of this item will award a contract for design and construction of a fire
sprinkler system for the Palm Canyon Theater at 538 North Palm Canyon Drive
(RFP No. 06-10) to Shasta Fire protection, Inc. of Palm Springs. Construction to
be completed on or prior to December 31, 2009.
RECOMMENDATION:
1) Approve Contract Services Agreement No. with Shasta Fire
Protection, Inc. of Palm Springs in the amount of $44,000 for both
schedules A and B of the Palm Canyon Theater Fire Sprinkler system;
and
2) Authorize the Executive Director or his designee to execute all necessary
documents.
STAFF ANALYSIS:
The Palm Canyon Theater located at 538 North Palm Canyon was originally built
as a school auditorium with the elementary school in 1926. In 1967 new laws
were enacted for sprinkler protection requirements established for certain types
of buildings in which the California State Fire Marshal's Office could delegate the
inspection responsibility to the local fire departments. It is during this period that
the installation of a fire sprinkler system for the stage in the auditorium was
required by the California State Fire Marshal's Office.
In 1997, the Palm Springs Fire Marshal required the existing modified fire
sprinkler system covering the stage to include coverage in the HVAC air handling
room and storeroom under the theater seating. In 2001, a fire occurred in the
classroom east of the office area resulting in severe damage to the building. As a
e' i,r 2— G
Community Redevelopment Agency Staff Report
November 18, 2009-Page 2
Fire Sprinkler System for Palm Canyon Theater(City Project No. 09-06)
result the Palm Springs Fire Marshal recommended that the fire sprinkler system
be extended into the fire damaged classrooms based on the remoteness of this
portion of the building and its historical significance.
The existing fire sprinkler system installed at the Palm Canyon Theater has been
modified over the years and only covers isolated areas of the building. This fire
sprinkler system is supplied by a domestic water source along with the isolated
areas of coverage; does not meet current NFPA 13 standards for fire sprinkler
coverage and NFPA 24 standards for water supply as required by the California
State Fire Marshal's Office to receive a required five year certification.
The building is a Class 1 historic site but because the project involves no
substantial work above ground, the Planning Director has advised that
involvement by the Historic Site Preservation Board is not required.
On October 27, 2009 the Office of Procurement and Contracting (OPC) issued
Request for Proposals No. 06-10 for designing and installing a new automatic fire
sprinkler system at the palm Canyon Theater. At 2pm on November 10,
2009 OPC received proposals from the following firms:
1) Shasta Fire protection, Inc of Palm Springs
2) PS Fire Pros of North Palm Springs
3) Gamma Builders of Rancho Santa Margarita
In accordance with the RFP, the proposals were rated based upon quality,
responsiveness, firm qualifications and experience, cost, work plan, time line and
included a local preference per City Ordinance. Representatives from the
Departments of Fire, Building and Public Works met to evaluate the proposals on
November 12, 2009 and recommended the city enter into a contract with Shasta
Fire Protection, Inc. in the amount of$44,000.
FISCAL IMPACT:
Funds are available in Redevelopment Agency account No. 811-8191-65195
(Palm Cyn. Theater)-
SUBMITTED:
DAVID J. BARAKIAN BLAKE GOET7
Director of Public Works/City Engineer Fire Chief
Attachment:
1. Agreement
DAVID H. READY
City Manager
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ATTACHMENT "C"
CONTRACTING SERVICES AGREEMENT
(name of services and firm for agreement),
THIS AGREEMENT FOR CONTRACTING SERVICES (the"Agreement") is made and
entered into this_ day of 200� by and between the City of Palm Springs, a
California charter city and municipal corporation ("City"), and a
("Contractor•").
RECITALS
A. City requires the services of a for
("Project").
f{ B. Contractor has submitted to City a proposal to provide
to City pursuant to the terms of this Agreement.
C. Based on its experience, education, training, and reputation, Contractor is
qualified to provide the necessary services to City for the Project and desires to provide such
services.
[ D. City desires to retain the services of Contractor for the Project.
jNOW, THEREFORE, in consideration of the promises and mutual agreements contained
herein, City agrees to retain and does hereby retain Contractor and Contractor agrees to provide
services to the City as follows:
AGREEMENT
1. CONTRACTOR SERVICES
1.1 Scope of Services, In compliance with all terms and conditions of this
Agreement, Contractor shall provide services to City as
described in the Scope of Services/Work attached to this Agreement as Exhibit "A" and
incorporated herein by reference (the "services" or "work"), which includes the agreed upon
schedule of performance and the schedule of fees_ Contractor warrants that all services and work
shall be per£onned in a competent, professional, and satisfactory manner in accordance with all
standards prevalent in the industry. In the event of any inconsistency between the terms
contained in the Scope of ServiceMork and the terms set forth in the train body of this
Agreement,the terms set forth in the train body of this Agreement shall govern.
1.2 Compliance with Law. All services rendered under this Agreement shall be
provided by Contractor in accordance with all applicable federal, state, and local laws, statutes
and ordinances and all lawful orders, rules, and regulations promulgated thereunder.
1.3 Licenses and Permits. Contractor shall obtain at its sole cost and expense such
licenses, pennits, and approvals as may be required by law for the performance of the services
required by this Agreement.
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1.4 Familiarity with Work. By executing this Agreement, Contractor warrants that
it has carefully considered how the work should be performed and fully understands the
facilities, difficulties, and restrictions attending performance of the work under this Agreement.
2. TIME FOR COMPLETION.
The time for completion of the services to be performed by Contractor is an essential
condition of this Agreement. Contractor shall prosecute regularly and diligently the work of this
Agreement according to the agreed upon schedule of performance set forth in Exhibit "A."
Contractor shall not be accountable for delays in the progress of its work caused by any
condition beyond its control and without the fault or negligence of Contractor. Delays shall not
entitle Contractor to any additional compensation regardless of the party responsible for the
delay.
3. COMPENSATION OF CONTRACTOR
! 3.1 Compensation of Contractor. For the services rendered pursuant to this
( Agreement, Contractor shall be compensated and reimbursed, in accordance with the schedule of
P fees set forth in Exhibit"A,"which total amount shall not exceed S
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3.2 Method of Payment_ In any month in which Contractor wishes to receive
payment, Contractor shall no later than the first working day of such month, submit to City in the
form approved by City's finance director, an invoice for services rendered prior to the date of the
invoice. Payments shall be based on the hourly rates as set forth in Exhibit "A" for authorized
services performed. City shall pay Contractor for all expenses slated thereon, which are
approved by City consistent with this Agreement, within thirty (30) days of receipt of
Contractor's Invoice.
3.3 Chanties. In the event any change or changes in the Scope of Services/Work is
requested by City, the parties hereto shall execute a written amendment to this Agreement,
setting forth with particularity all terms of such amendment, including, but not limited to, any
additional fees. An amendment may be entered into:
A. To provide for revisions or modifications to documents or other work
product or work when documents or other work product or work is required by the enactment or
revision of law subsequent to the preparation of any documents, other work product, or work;
B. To provide for additional services not included in this Agreement or not
customarily furnished in accordance with generally accepted practice in Contractor's profession.
3.4 Appropriations. This Agreement is subject to and contingent upon £ands being
appropriated therefore by the City Council of City for each fiscal year covered by the
Agreement_ If such appropriations are not made, this Agreement shall automatically'terminate.
without penalty to City.
4. PERFORMANCE SCHEDULE
4.1 Time of Essence. Time is of the essence in the performance of finis Agreement.
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4.2 Schedule of Performance. All services rendered pursuant to this Agreement
shall be performed pursuant to the agreed upon schedule of performance set forth in Exhibit"A."
The extension of any time period must be approved in writing by the Contract Officer.
4.3 Force Maieure. The time for performance of services to be rendered pursuant to
this Agreement may be extended because of any delays due to unforeseeable causes beyond the
control and without the fault or negligence of Contractor, including, but not limited to, acts of
God or of a public enemy, acts of the government, fires, earthquakes, floods, epidemic,
quarantine restrictions, riots, strikes, freight embargoes, and unusually severe weather if
Contractor shall within ten (10) days of the commencement of such condition notify the Contract
Officer who shall thereupon ascertain the facts and the extent of any necessary delay, and extend
the time for performing the services for the period of the enforced delay when and if in the
Contract Officer's judgment such delay is justified, and the Contract Officer's determination
shall be final and conclusive upon the parties to this Agreement.
4.4 Term. Unless earlier terminated in accordance with Section 9.5 of this
Agreement, this Agreement shall continue in full force and effect for a period of
_(weeWmonths), commencing on 200 , and ending on
, 200 _, unless extended by mutual written agreement of the parties-
; 5_ COORDINATION OF WORK
5.1 Representative of Contractor. The following principal of Contractor is hereby
designated as being the principal and representative of Contractor authorized to act in its behalf
with respect to the services and work specified herein and make all decisions in connection
therewith: (name), (title) It is expressly understood that the
experience, knowledge, education, capability, and reputation of the foregoing principal is a
substantial inducement for City to enter into this Agreement. Therefore, the foregoing principal
shall be responsible during the term of this Agreement for directing all activities of Contractor
and devoting sufficient time to personally supervise the services hereunder. The foregoing
principal may not be changed by Contractor without prior written approval of the Contract
Officer.
5.2 Contract Officer. The Contract Officer shall be the City Manager, or his/her
designee. It shall be the Contractor's responsibility to keep the Contract Officer, or his/her
designee, fully informed of the progress of the performance of the services and Contractor shall
refer any decisions that must be made by City to the Contract Officer. Unless otherwise
specified herein, any approval of City required hereunder shall mean the approval of the Contract
Officer.
5.3 Prohibition Against Subcontracting or Assignment. The experience,
knowledge, education, capability, and reputation of Contractor, its principals and employees,
were a substantial inducement for City to enter into this Agreement. Therefore, Contractor shall
not contract with any other individual or entity to perform in whole or in part the services
required hereunder without the express written approval of City. In addition, neither this
Agreement nor any interest herein may be assigned or transferred, voluntarily or by operation of
law, without the prior written approval of City.
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f 5.4 independent Contractor. Neither City nor any of its employees shall have any
control over the manner, mode, or means by which Contractor, its agents or employees, perform
• the services required herein, except as otherwise set forth herein- Contractor shall perform all
services required herein as an independent contractor of City and shall not be an employee of
City and shall remain at all times as to City a wholly independent contractor with only such
obligations as are consistent with that role; however, City shall have the right to review
Contractor's work product, result, and advice. Contractor shall not at any time or in any manner
represent that it or any of its agents or employees are agents or employees of City.
5.5 Personnel. Contractor agrees to assign the following individuals to perform the
services set forth herein. Contractor shall not alter the assignment of the following personnel
without the prior written approval of the Contract Officer. Acting through the City Manager, the
City shall have the unrestricted right to order the removal of any personnel assigned by
Contractor by providing written notice to Contractor.
Name: Title:
(to be inserted) (to be inserted)
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6. INSURANCE
Contractor shall procure and maintain, at its sole cost and expense, policies of insurance
j as set forth in Exhibit"B,"which is attached hereto and is incorporated herein by reference.
7. INDEMNIFICATION,
To the fullest extent permitted by law, Contractor shall defend (at Contractor's sole cost
and expense), indemnify, protect, and hold harmless City, its elected officials, officers,
employees, agents, and volunteers (collectively the "Indemnified Parties"), from and against any
and all liabilities, actions, snits, claims, demands, losses, costs, judgments, arbitration awards,
settlements, damages, demands, orders, penalties, and expenses including legal costs and
attorney fees (collectively"Claims"), including but not limited to Claims arising from inj aries to
or death of persons (Contractor's employees included), for damage to property, including
property owned by City, from any violation of any federal, state, or local law or ordinance, and
from errors and omissions committed by Contractor, its officers, employees, representatives, and
agents, which Claims arise out of or are related to Contractor's performance under this
Agreement, but excluding such Claims arising from the negligence or willful misconduct of the
City, its elected officials; officers, employees, agents, and volunteers. Under no circumstances
shall the insurance requirements and limits set forth in this Agreement be construed to limit
Contractor's indemnification obligation or other liability hereunder.
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8. RECORDS AND REPORTS
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8.1 Reports. Contractor shall periodically prepare and submit to the Contract Officer
such reports concerning the performance of the services required by this Agreement as the
f Contract Officer shall require.
8.2 Records. Contractor shall keep such books and records as shall be necessary to
properly perform the services required by this Agreement and enable the Contract Officer to
evaluate the performance of such services, The Contract Officer shall have full and free access
to such books and records at all reasonable times, including the right to inspect, copy, audit, and
make records and transcripts from such records.
8.3 Ownership of Documents. All drawings, specifications, reports, records,
documents, and other materials prepared by Contractor in the performance of this Agreement
shall be the property of City and shall be delivered to City upon request of the Contract Officer
or upon the termination of this Agreement, and Contractor shall have no claim for further
employment or additional compensation as a result of the exercise by City of its full rights or
ownership of the documents and materials hereunder. Contractor may retain copies of such
documents for its own use. Contractor shall have an unrestricted right to use the concepts
embodied therein.
8.4 Release of Documents. All drawings, specifications, reports, records,
documents, and other materials prepared by Contractor in the perfonnance of services under this
Agreement shall not be released publicly without the prior written approval of the Contract
Officer.
8.5 Cost Records. Contractor shall maintain all books, documents,papers, employee
time sheets, accounting records, and other evidence pertaining to costs incurred while performing
under this Agreement and shall make such materials available at its offices at all reasonable
tithes during the term of this Agreement and for three (3) years from the date of final payment
for inspection by City and copies thereof shall be promptly furnished to City upon request,
9. ENFORCEMENT OF AGREEMENT
9.1 California Law. This Agreement shall be construed and interpreted both as to
validity and to performance of the parties in accordance with the laws of the State of California.
Legal actions concerning any dispute, claim, or matter arising out of or in relation to this
Agreement shall be instituted in the Superior Court of the County of Riverside, State of
California, or any other appropriate court in such county, and Contractor covenants and agrees to
submit to the personal jurisdiction of such court in the event of such action.
9.2 Waiver. No delay or omission in the exercise of any right or remedy of a non-
defaulting party on any default shall impair such right or remedy or be construed as a waiver.
No consent or approval of City shall be deemed to waive or render unnecessary City's consent to
or approval of any subsequent act of Contractor. Any waiver by either party of any default must
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be in writing and shall not be a waiver of any other default concerning the same or any other
I provision of this.Agreement.
9.3 Rights; and Remedies are Cumulative. Except with respect to rights and
remedies expressly declared to be exclusive in this Agreement, the rights and remedies of the
parties are cumulative and the exercise by either parry of one or more of such rights or remedies
I shall not preclude the exercise by it, at the same or different times, of any other rights or
i remedies for the same default or any other default by the other party.
9A Legal Action. In addition to any other rights or remedies, either party may take
legal action, in law or in equity, to cure, correct, or remedy any default, to recover damages for
any default, to compel specific performance of this Agreement, to obtain injunctive relief; a
declaratory judgment, or any other remedy consistent with the purposes of this Agreement.
9.5 Termination Prior to Expiration of Term. City reserves the right to terminate
this Agreement at any time, with or without cause, upon thirty (30) days written notice to
Contractor, except that where termination is due to the fault of Contractor and constitutes an
immediate danger to health, safety, and general welfare,the period of notice shall be such shorter
time as may be determined by the City. Upon receipt of the notice of termination, Contractor
shall immediately cease all services hereunder except such as may be specifically approved by
the Contract Officer. Contractor shall be entitled to compensation for all services rendered prior
to receipt of the notice of termination and for any services authorized by the Contract Officer
thereafter. Contractor may terminate this Agreement, with or without cause, upon thirty (30)
days written notice to City.
10. CITY OFFICERS AND EMPLOYEES- NON-DISCRIMINATION
10.1 Non-Liability of City Officers and Employees. No officer or employee of City
shall be personally liable to the Contractor, or any successor-in-interest, in the event of any
default or breach by City or for any amount which may become due to the Contractor or its
successor, or for breach of any obligation of the terms of this Agreement.
10.2 Covenant Azainst Discrimination. Contractor covenants that, by and for itself,
its heirs, executors, assigns, and all persons claiming tinder or through them, that there shall be
no discrimination or segregation in the performance of or in connection with this Agreement
regarding any person or group of persons on account of race, color, creed, religion, sex, marital
status, disability, sexual orientation,national origin,or ancestry.
11. MISCELLANEOUS PROVISIONS
11.1 Notice. Any notice, demand, request, consent, approval, or communication either
party desires or is required to give to the otber party of any other person shall be in writing and
either served personally or sent by pre-paid,first-class mail to the address set forth below. Either
party may change its address by notifying the other party of the change of address in writing.
Notice shall be deemed communicated seventy-two (72)hours from the time of mailing if mailed
as provided in this Section_
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To City: City of Palm Springs
Attention: City Manager/City Clerk
3200 E. Tahquitz Canyon Way
Palm Springs, California 92262
To Contractor: (to be inserted)
11.2 Integrated Agreement. This Agreement contains all of the agreements of the
parties and cannot be amended or modified except by'written agreement.
11.3 Amendment. This Agreement may be amended at any time by the mutual
consent of the parties by an instrument in writing.
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! 11.4 Severabiiity- In the event that any one or more of the phrases, sentences, clauses,
paragraphs, or sections contained in this Agreement shall be declared invalid or unenforceable by
valid judgment or decree of a court of competent jurisdiction, such invalidity or unenforceability
shall not affect any of the remaining pleases, sentences, clauses, paragraphs, or sections of this
Agreement,which shall be interpreted to carry out the intent of the parties hereunder.
11.5 Authority. The persons executing this Agreement on behalf of the parties hereto
warrant that they are duly authorized to execute this Agreement on behalf of said parties and that
by so executing this Agreement the parties hereto are formally bound to the provisions of this
Agreement.
[SIGNATURE PAGE SEPARATELY ATTACHED]
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IN WITNESS WHEREOF, the parties have executed this Agreement as of the dates
stated below.
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� "CITY"
City of Palm Springs
Date: By;
David H. Ready
City Manager
APPROVED AS TO FORM: ATTEST
By: By:—.
Douglas C. Holland, James"Thompson,
City Attorney City Cleric
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"CONTRACTOR"
(insert nanw)
Date: By:
(name)
(president)
Date:
(name)
(secretary)
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CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT
State of Calitbrnia
County of
on before me,
�• Hcrc�mcn Nnmcnrni aloe rnlicu
personally appeared
mm•{q or Sgrn(H
who proved to me on the basis of satisfactory evidence to
be the parson(s) whose name(s)isfare subscribod to the
kwithin instrument and acknowledged to me that
4 holsheithey executed the same in his/heuYheir authorized
capacity(ies),and that by hislhedfheir sigrratufe(s)on the
InsWment the person(s), or the entity upon behalf of
which the pe=n(s)acted,executed the instrument
I cenify under PENALTY Or PERJURY under the laws
of the State of California that the fotegofng paragraph Is
true and correct
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WITNESS my hand and official seal.
i PIxePlouNsmlamw Signature
31{fvN�tlNaYry PUEIq _
OP77pNAL
Though the information below r8 not required By lax;it msy pmye vnluabta to persons rely[,on the docvmo t
and could pmev r/RTadetlant ronroval and rW(if inert!of Ws loan to another dck-urncni.
Descripflort of Attached Document
170a or Typeof Document.
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Doeumontpato: Number of Pages:
Signers)Other Than Named Above:
Capacity(les)Clal)mdd by Signers)
Signer's Name: Signer's Name:
a Individual ❑Irdfmdual
❑ Corporate Officar—Tiuets): 00orporaIo0ffiaer—Tida(a):
El Partner--❑Limited ❑Gane^sl _- ❑Part nor—[I Limited ❑General
Attorney in Fact • ❑Attorney In Fact
❑ Tmatee Yee pi thumb her C Trustee Tee pt ux-ft haro
❑ Guardian or Conservator 0 Guardan or Conservator
❑ Other, _-_,_ ❑Opter
Signor Is Representing: Signor Is Representing,
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! EXHIBIT "A"
CONTRACTOR'S
SCOPE OF SERVICES/WORK
Including,
i Schedule of Fees
And
Schedule of Perfon-nance.
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EXHIBIT "B"
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INSURANCE PROVISIONS
Including
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Verification of Coverage,
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Sufficiency of Insurers,
Errors and Omissions Coverage,
Minimum. Scope of Insurance,
Deductibles and Self-Insured Retentions, and
Severability of Interests (Separation of Insureds)
as
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Insurance
Contractor shall procure and maintain, at its sole cost and expense, and submit
concurrently with its execution of this Agreement, in a form and content satisfactory to the City,
public liability and property damage insurance against all claims for injuries against persons or
damages to property resulting from Contractor's performance under this Agreement. Contractor
shall also carry workers' compensation insurance in accordance with California workers'
compensation laws. Such insurance shall be kept in full force and effect during the term of this
Agreement, including any extension thereof, and shall not be cancelable without thirty(30) days
advance written notice to City of any proposed cancellation. Certificates of insurance evidencing
the foregoing and designating the City, its elected officials, officers, employees, agents, and
volunteers as additional named insureds by original endorsement shall be delivered to and
approved by City prior to commencement of services. The procuring of such insurance and the
delivery of policies, certificates, and endorsements evidencing the same shall not be construed as
a limitation of Contractor's obligation to indemnify City, its elected officials, officers, agents,
employees, and volunteers.
A. Minimum Scope of Insurance. The minimum amount of insurance required
hereunder shall be as follows:
1. Comprehensive general liability and personal injury with limits of at least
one million dollars ($1,000,000-00) combined single limit coverage per occurrence and two
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million dollars($2,000,000) general aggregate;
2. Automobile liability insurance with limits of at least one million dollars
($1,000,000.00)per occurrence;
1'_,:,tfl!II Y'Uptl•;n.'.:.>nu,-:_•.:;,,J:_..=..,,..y':::...� _17,:_ei„pp�:,,:
i tessx avl,ti.I ::=h3. d cq' sA::t�•:-�:a a6m:l:r r_fitV;r;!i[...Lm._.L.I s_�.s^tLfi�_ir�'l.l tn'=_g'i;--"r_x-x}u=a qI l'1%'lnf.t�i�+I�n" _1�d`°�;�7::',vy i:.+.1r s#;h:'�:o.(i•',$l�,'':
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4. Workers' Compensation insurance in the statutory amount as required by
the State of California and Employer's Liability Insurance with limits of at least one million
dollars $I million per occurrence. If Contractor has no employees, Contractor shall complete the
City's Request for Waiver of Workers' Compensation Insurance Requirement form.
For any claims related to this Agreement, Contractor's insurance coverage shall be
primary insurance as respects City and its respective elected officials, officers, employees,
agents, and volnnteers. Any insurance or self-insurance maintained by City and its respective
elected officials, officers, employees, agents, and volunteers shall be in excess of Contractor's
insurance and shall not contribute with it. For Workers' Compensation and Employer's Liability
Insurance only, the insurer shall waive all rights of subrogation and contribution it may have
against City, its elected officials,officers, employees, agents, and volunteers.
B. Errors and Omissions Coverage. If Contractor provides claims made
professional liability insurance, Contractor shall also agree in writing either (1) to purchase tail
insurance in the amount required by this Agreement to cover claims made within three years of
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the completion of Contractor's services under this Agreement, or (2) to maintain professional
liability insurance coverage with the same carrier, or equivalent coverage with another company,
y in the amount required by this Agreement for at least three years after completion of Contractor's
services under this Agreement. Contractor shall also be required to provide evidence to City of
the purchase of the required tail insurance or continuation of the professional liability policy-
[THIS SECTION TO 13E INCLUDED ONLY IT ERRORS & ObLrS57ONS INSURIUVCE IS
REQUfULD]
C. Sufficiency of Insurers. Insurance required herein shall be provided by
f authorized insurers in good standing with the State of California. Coverage shall be provided by
insurers admitted in the State of California with an A.M. Best's Key hating of B++, Class 'V11, or
ll better, unless otherwise acceptable to the City.
{� D. 'Verification of Coverage. Contractor shall furnish City with both certificates of
insurance and endorsements, including additional insured endorsements, effecting all of the
V coverages required by this Agreement- The certificates and endorsements are to be signed by a
person authorized by that insurer to bind coverage on its behalf. All proof of insurance is to be
received and approved by the City before work. commences. City reserves the right to require
Contractor's insurers to provide complete, certified copies of all required insurance policies at
any time. Additional insured endorsements are not required for Errors and Omissions and
Workers' Compensation policies.
Verification of Insurance coverage may be provided by: (1) an approved General and/or
Auto Liability Endorsement Form for the City of Palm Springs or(2) an acceptable Certificate of
Liability Insurance Coverage with an approved Additional Insured Endorsement with the
following endorsements stated on the certificate:
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1. "The City of Palm Springs, its officials, employees, and agents are named as an
additional insured... " ("as respects City of Palm Springs Contract No._" or 'far any and all
workperformed with the City"may be included in this statement).
2. "This insurance is primary and non-contributory over any insurance or self-
insurance the City may have--." ("as respects City of Palm Springs Contract No._" or 'for any
and all workpetformed with the City" may be included in this statement).
3. "Should any of the above described policies be canceled before the expiration
date thereof, the issuing company will mail 30 days written notice to the Certificate Holder
named." Language such as, "endeavor to" mail and "but failure to mail such notice shall impose
no obligation or liability of any kind upon the company, its agents or representative" is not
acceptable and must be crossed out.
4. Both the 'Workers' Compensation and Employers' Liability policies shall contain
the insurer's waiver of subrogation in favor of City, its elected officials, officers, employees,
agents, and volunteers-
In addition to the endorsements listed above, the City of Palm Springs shall be named the
certificate holder on the policies.
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All certificates of insurance and endorsements are to be received and approved by the City
before work commences. All certificates of insurance must be authorized by a person widi
authority to bind coverage,whether that is the authorized agent/broker or insurance underwriter.
Failure to obtain the required documents prior to the commencement of work shall not waive the
Contractor's obligation to provide theirs.
E. Deductibles and Self-Insured Retentions- Any deductibles or self-insured
retentions must be, declared to and approved by the City prior to commencing any work or
services under this Agreement. At the option of the City, either the insurer shall reduce or
eliminate such deductibles or self-insured retentions as respects the City, its elected officials,
officers, employees, agents, and volunteers; or, Contractor shall procure a bond guaranteeing
payment of losses and related investigations, claim administration, and defense expenses.
Certificates of Insurance must include evidence of the amount of any deductible or self-insured
retention under the policy. Contractor guarantees payment of all deductibles and self-insured
retentions.
[ F. SeverabilW of interests (Separation of Insureds). This insurance applies
fseparately to each insured against whom claim is made or suit is brought except with respect to
the limits of the insurer's liability.
I
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I
I
31
�7
�I
I
PERFORMANCE BOND
KNOW ALL MEN BY THESE PRESENTS,
i
That as Contractor,
and as
Surety, are held firmly bound unto the City of Palm Springs, a charter city, organized and existing
in the County of Riverside, California, hereinafter called the "City,"in the sum of:
dollars,
For the payment of which sum well and truly to be made, we bind ourselves, our heirs, executors,
R administrators, successors, and assigns,jointly and severally, firmly by these presents.
WHEREAS said Contractor has been awarded and is about to enter into the annexed Agreement
with said City to perform the Work as specified or indicated in the Contract Documents entitled:
FIRE SPRINKLER SYSTEM FOR PALM CANYON THEATER
RFP 06-10
NOW THEREFORE, if said Contractor shall perform all the requirements of said Contract
y Documents required to be performed on its part, at the times and in the manner specified herein,
then this obligation shall be null and void, otherwise it shall remain in full force and effect.
PROVIDED, that any alterations in the Work to be done or the materials to be furnished, or
changes in the time of completion, which may be made pursuant to the terms of said Contract
Documents, shall not in any way release said Contractor or said Surety thereunder, nor shall any
extensions of time granted under the provisions of said Contract Documents, release either said
Contractor or said Surety, and notice of such alterations or extensions of the Agreement is hereby
waived by said Surety.
SIGNED AND SEALED, this_day of 2009.
32
P
y
i
CONTRACTOR:
Check one; individual,_partnership, _corporation
(Corporations require two signatures; one from each of the following groups: A. Chairman of Board,
President, or any Vice President;AND B. Secretary, Assistant Secretary, Treasurer,Assistant Treasurer, or
[ Chief Financial Officer).
By: SURETY:
Signature
(NOTARIZED)
I
Print Name and Title: By:
` By Print Name and Title:
Signature
(NOTARIZED)
Print Name and Title:
1
ff
I
I
33
1 ca
PAYMENT BOND
KNOW ALL MEN BY THESE PRESENTS,
I
d That as Contractor,
and as Surety,
are held firmly bound unto the City of Palm Springs, a charter city, organized and existing in the
County of Riverside, State of California, hereinafter called the"City," in the sum of:
dollars,
for the payment of which sum well and truly to be made, we bind ourselves, our heirs, executors,
administrators, successors, and assigns,jointly and severally, firmly by these presents.
WHEREAS, said Contractor has been awarded and is about to enter into the annexed agreement
with said City to perform the Work as specified or indicated in the Contract Documents entitled:
I
E FIRE SPRINKLER SYSTEM AT PALM CANYON THEATER
RFP 06-10
NOW THEREFORE, if said Contractor, its subcontractors, its heirs, executors, administrators,
successors, or assigns shall fail to pay for any materials, provisions, provender, equipment, or
other supplies used in, upon, for, or about the performance of the Work contracted to be done, or
for any work or labor thereon of any kind, or for amounts due under the Unemployment Insurance
Code, or for any amounts required to be deducted, withheld, and paid over to the Employment
Development Department from the wages of employees of the Contractor and its subcontractors
pursuant to Section 13020 of the Unemployment Insurance Code with respect to such labor, all as
required by the provisions of Title KV, Chapter 7, Sections 3247-3252, inclusive, of the Civil Code
of the State of California and acts amendatory thereof, and Sections of other Codes of the State of
California referred to therein and acts amendatory thereof, and provided that the persons,
companies, or corporations so furnishing said materials, provisions, equipment, or other supplies,
appliances, or power used in, upon, for, or about performance of the Work contracted to be
executed or performed, or any person, company, or corporation renting or hiring implements or
machinery or power for, or contributing to, said work to be done, or any person who performs work
or labor upon the same, or any person who supplies both work and materials therefor, shall have
complied with the provisions of said laws, then said surety will pay the same in an amount not
exceeding the sum hereinbefore set forth, and also will pay, in case suit is brought upon this bond,
a reasonable attorney's fee as shall be fixed by the Court. This Bond shall inure to the benefit of
any and all persons named in Section 3181 of the Civil Code of the State of California so as to
give a right of action to them or their assigns in any suit brought upon this bond.
PROVIDED, that any alterations in the Work to be done or the materials to be furnished, or
changes in the time of completion, which may be made pursuant to the terms of said Contract
Documents, shall not in any way release said Contractor or said Surety thereunder, nor shall any
extensions of time granted under the provisions of said Contract Documents release either said
Contractor or said Surety, and notice of said alterations or extensions of the Agreement is hereby
waived by said Surety.
SIGNED AND SEALED, this_day of 2009.
34
f
F
i
CONTRACTOR:
Check one: individual,_partnership, _corporation
(Corporations require two signatures; one from each of the following groups: A. Chairman of Board,
President, or any Vice President;AND B. Secretary, Assistant Secretary, Treasurer, Assistant Treasurer, or
Chief Financial Officer).
By: SURETY:
signature
(NOTARIZED)
Print Name and Title: By:
By-- Print Name and Title:
I
f
signature
(NOTARIZED)
Print Name and Title:
1
35
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tLt fAfflTARY
RROC+R�I�LnH PAL1A }pR=Yr;6. CSI PORH[(y �n
f T.C Kl Yh[R..,CORGIttY.ACCtlCftf�
2.1. AWARD OF A CONTRACT FOR DESIGN AND CONSTRUCTION FOR
THE PALM CANYON THEATRE FIRE SPRINKLER INSTALLATION
PROJECT:
RECOMMENDATION: 1) Approve an agreement pursuant to the request
for proposals; and 2) Authorize the City Manager to execute the
Agreement. A
MATERIALS TO FOLLOW
BID OPENING NOVEMBER 16, 2009
ITEM NO. • r•