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HomeMy WebLinkAboutA8419 - JEN CALIFORNIA 3, LLC REIMBURSEMENT AGREEMENT Traffic Signal Installation and Associated Work at the intersection of Tahquitz Canyon Way and Civic Center Drive in the City of Palm Springs. THIS REIMBURSEMENT AGREEMENT ("Agreement") is made and entered into on 6CAD1) 23 , 2019, by and between the City of Palm Springs, a California charter city and municipal corporation ("City"), and Jen California 3, LLC, a California Limited Liability Company, ("Developer"). This Agreement shall not become effective until the last date that it fully signed by both Parties ("Effective Date"). City and Developer are individually referred to as "Party" and are collectively referred to as the "Parties". RECITALS A. The conditions of approval for the "Vibe" (formerly JUL PS), Planning Case No. 5.1046, PDD-232 Amended, TTM 36689, TPM 36747, 3.974 MAJ, included the following improvements at the Tahquitz Canyon Way and Civic Drive ("Developer Required Improvements"): Install a traffic signal at the intersection of Civic Drive and Tahquitz Canyon Way. The applicant shall submit traffic signal installation plans prepared by a California registered Civil Engineer of Traffic Engineer for review and approval by the City Engineer. The traffic signal shall be installed and operational prior to issuance of the 1651h Certificate of Occupancy, unless otherwise allowed by the City Engineer. The applicant shall be Responsible 100% of the cost to design and install the traffic signal. B. Developer submitted a Letter dated October 8, 2019, that included four bids ranging from $304,778 to $398,698 and included as Exhibit A for the Developer Required Improvements. The average of the four bids received by Developer is $343,735. C. City is agreeable, upon the terms of this Agreement, to accept the sum of $343,735 from Developer, as satisfaction of the Developer Required Improvements, and to assume responsibility for completion of the Developer Required Improvements as a public capital improvement project identified as City Project No. 15-21 (the "City Project"). City will assume responsibility for any costs in excess of the Developer's payment of $343,735, except as otherwise identified in the Agreement. D. To the extent that a traffic impact study prepared for development projects located in the surrounding area demonstrate an impact to the Tahquitz Canyon Way / Civic Drive intersection, where such impact would be mitigated through installation of a traffic signal, the City will collect and pay directly to JEN California 3, LLC, the fair share contribution(s) received, if any, less any adjustment for the final cost of City's construction of the City Project, as specified below in this Agreement. 55575.18120\32422365.1 1 In consideration of these promises and mutual agreements, City and Developer agree as follows: AGREEMENT 1. SERVICES OF CITY 1.1 Scope of Services. In compliance with all terms and conditions of this Agreement, City shall construct the Developer Required Improvements as part of the City Project. 1.2 Compliance with Law. All work and services rendered under this Agreement shall comply with all applicable federal, state, and local laws, statutes and ordinances and all lawful orders, rules, and regulations. 2. ADVANCE PAYMENT TO CITY 2.1 Agreement Sum. The Developer's cost to self-perform the Developer Required Improvements by Developer's lowest bid contractor is $304,778. In exchange for City assuming responsibility for completion of the Developer Required Improvements, Developer shall submit payment to City in the amount of $343,735 representing the average of the four bid prices received. Developer hereby agrees to pay the City the total sum of $343,735, concurrently upon Developer's execution of this Agreement (the "Payment"), which amount that exceeds the lowest bid received by $38,957. The Payment in an amount exceeding the lowest bid received represents Developer's satisfaction of its obligation to otherwise pay for the full cost of the Developer Required Improvements, and City agrees to release any bonds held to guarantee completion of the Developer Required Improvements. The Parties acknowledge that the final total cost for the City's construction by its contractor of the Developer Required Improvements may exceed or be less than the amount of the Payment, and the City assumes responsibility for any additional costs and shall not be liable to Developer or any other person if the final cost is less than the Payment. 2.2 Reimbursement of Fair Share Contributions. The City may receive fair share contributions from other developing parties representing a contribution towards the cost to install a traffic signal at the Tahquitz Canyon Way / Civic Drive intersection. Upon receipt of any fair share contributions specific to the installation of a traffic signal at the Tahquitz Canyon Way / Civic Drive intersection within ten (10) years following the Effective Date, City will remit such payments to Developer, with such fair share contribution also accounting for the final cost of the Developer Required Improvements, as constructed by the City pursuant to the City Project. Such payments shall be made by City to Developer within thirty (30) days following receipt by the City of such contributions from any other developing parties. In no event shall any other fund of the City, including, without limitation, the general fund or any development impact fee fund or any capital improvement fund, be required to fulfill the City's obligation, it being the intent of the Parties that Developer be paid only out of other developers' fair share contributions for this improvement, to the extent such contributions are actually received by the City. For purposes of this Agreement, the decision of which development 55575.18120\32422365.1 project(s) shall contribute, and the amount and timing of such contributions, shall rest within the sole and absolute discretion of the City Engineer. 3. PERFORMANCE SCHEDULE 3.1 Time of Essence. Time is of the essence in the performance of this Agreement. 3.2 Schedule of Performance. Upon receipt of payment pursuant to Section 2.1, City shall promptly coordinate the bidding of the City Project. Once the contract is awarded, the City will schedule the construction of Developer Required Improvements with the City's contractor within a reasonable time as determined by the City. 3.3 Force Majeure. The time for performance of services to be rendered under this Agreement may be extended because of any delays due to unforeseeable causes beyond the control and without the fault or negligence of City. Unforeseeable causes include, but are 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. 3.4 Term. Unless earlier terminated pursuant to Section 3.5, this Agreement shall continue in full force and effect until the completion of the Developer Required Improvements, and City's payment to Developer of any fair share contributions in accordance with Section 2.2, not to exceed ten (10) years from the Effective Date of this Agreement. 3.5 Termination Prior to Expiration of Term. The Parties acknowledge that upon receipt of Developer's deposit in accordance with Section 2.1, the City will assume responsibility for any costs related to this work. Therefore, upon Developer's execution of this Agreement, it may not be terminated, except in the one following circumstance: if, following the City's solicitation of public bids, the lowest responsive bid received exceeds the Payment by twenty percent (20%), (e.g. the lowest bid exceeds $412,170), the City may terminate this Agreement, and subsequently return to Developer the Payment. Upon such return, the obligation to complete the Developer Required Improvements will automatically transfer back to the Developer. Thereafter, Developer shall be required to complete the Developer Required Improvements as though originally conditioned, including, without limitation, the requirement for payment and performance bonds. 3.6 Warranty and Hold Harmless. Developer shall defend and hold harmless City, its elected and appointed officials, from any and all claims, damages, or demand arising out City, Developer, and any subcontractors thereof, related to performance of its obligations under City's agreement with Developer. 4. ENFORCEMENT OF AGREEMENT 4.1 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 55575.18120\32422365.1 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 Developer covenants and agrees to submit to the personal jurisdiction of such court in the event of such action. 4.2 Interpretation. This Agreement shall be construed as a whole according to its fair language and common meaning to achieve the objectives and purposes of the Parties. The terms of this Agreement are contractual and the result of negotiation between the Parties. Accordingly, any rule of construction of contracts (including, without limitation, California Civil Code Section 1654) that ambiguities are to be construed against the drafting party, shall not be employed in the interpretation of this Agreement. The caption headings of the various sections and paragraphs of this Agreement are for convenience and identification purposes only and shall not be deemed to limit, expand, or define the contents of the respective sections or paragraphs. 4.3 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 Developer. Any waiver by either party of any default must be in writing. No such waiver shall be a waiver of any other default concerning the same or any other provision of this Agreement. 4.4 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. The exercise by either party of one or more of such rights or remedies shall not preclude the exercise by it, at the same or different times, of any other rights or remedies for the same default or any other default by the other party. 4.5 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. 5. MISCELLANEOUS PROVISIONS 5.1 Notice. Any notice, demand, request, consent, approval, or communication that either party desires, or is required to give to the other party or 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. Notice shall be deemed communicated seventy-two (72) hours from the time of mailing if mailed as provided in this Section. Either party may change its address by notifying the other party of the change of address in writing. 55575.18120\32422365.1 To City: City of Palm Springs Attention: City Manager/ City Clerk 3200 E. Tahquitz Canyon Way Palm Springs, California 92262 To JEN California 3, L.L.C: Reuben Leibowitz Managing Member 600 Wilshire Boulevard, Suite 980 Los Angeles, California 90017 5.2 Integrated Agreement. This Agreement contains all of the agreements of the parties and supersedes all other written agreements. 5.3 Amendment. No amendments or other modifications of this Agreement shall be binding unless through written agreement by all Parties. 5.4 Severability. Whenever possible, each provision of this Agreement shall be interpreted in such a manner as to be effective and valid under applicable law. 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 phrases, sentences, clauses, paragraphs, or sections of this Agreement, which shall be interpreted to carry out the intent of the parties. 5.5 Successors in Interest. This Agreement shall be binding upon and inure to the benefit of the Parties' successors and assignees. 5.6 Third Party Beneficiary. Except as may be expressly provided for in this Agreement, nothing contained in this Agreement is intended to confer, nor shall this Agreement be construed as conferring, any rights, including, without limitation, any rights as a third-party beneficiary or otherwise, upon any entity or person not a party to this Agreement. 5.7 Recitals. The above-referenced Recitals are hereby incorporated into the Agreement as though fully set forth in this Agreement and each Party acknowledges and agrees that such Party is bound, for purposes of this Agreement, by the same. 5.8 Authority. The persons executing this Agreement on behalf of the Parties warrant that they are duly authorized to execute this Agreement on behalf of Parties and that by so executing this Agreement the Parties are formally bound to the provisions of this Agreement. 5.9 Attorneys Fees. If any action or proceeding relating to this Agreement or the enforcement of any provision of this Agreement is brought against any party hereto, the prevailing party shall be entitled to recover reasonable attorneys' fees, costs and disbursements (in addition to any other relief to which the prevailing party may be entitled). 55575.18120\32422365.1 IN WITNESS WHEREOF, the Parties have executed this Reimbursement Agreement as of the dates stated below. "CITY" City of Palm Springs Date: By- David H. Ready City Manager APPROVED AS TO FORM: ATTEST By. 1W / By: effrey . Bal ' ger hony Me' City Attorney City Clerk "JEN California 3, LLC." Date: I y I S By : Reuben Leibowitz Managing Member Date: APPROVED BY CITY COUNCIL 55575,18120\32422365.1 CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT CIVIL CODE§1189 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. N�,w tiK State of C-a� ) County of N(W lo&k ) On 0CT'6 L/L/Yj J-06 before me, �ST� >4,�l 6t k.(C ci Date Here Insert Name and Title of the Officer personally appeared A FUG A-) 6 G'cJ( r Name(s)of Signer(s) 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 signature(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 Stephanie Errico is true and correct. Notary Public,State of New York WITNESS my hand and official seal. No.0119114753742 Ouatified in New York County Commission Expires September 18,2023 1 ��- ) Signaturexc Signature of Notary Public Place Notary Seal Above OPTIONAL Though this section is optional, completing this information can deter alteration of the document or fraudulent reattachment of this form to an unintended document. Description of Attached Document Title or Type of Document: Document Date: Number of Pages: Signer(s) Other Than Named Above: Capacity(ies) Claimed by Signer(s) Signer's Name: Signer's Name: ❑Corporate Officer — Title(s): ❑Corporate Officer — Title(s): ❑Partner — ❑Limited ❑General ❑Partner — ❑Limited ❑General ❑Individual ❑Attorney in Fact ❑Individual ❑Attomey in Fact ❑Trustee ❑Guardian or Conservator ❑Trustee ❑Guardian or Conservator ❑Other: ❑ Other: Signer Is Representing: Signer Is Representing: 02015 National Notary Association•www,NationalNotary.org- 1-800-US NOTARY(1-800-876-6827) Item#5907 55575.18120\32422365.1 EXHIBIT "A" Bids for Developer Required Improvements 55575.18120\32422365.1 JEN California 3, LLC October 8, 2019 Mr. Marcus Fuller Assistant City Manager City of Palm Springs 3200 East Tahquitz Canyon Way Palm Springs, CA 92262 Re: Tract 36689 Vibe Traffic Signal condition Dear Marcus, As you know one of our Engineering conditions of approval for TTM 36689 is the installation of the traffic signal at the intersection of Civic Drive and Tahquitz Canyon Way. Specifically, Engineering Condition 64 a. states: "Install a traffic signal at the intersection of Civic Drive and Tahquitz Canyon Way. The applicant shall submit traffic signal installation plans prepared by a California registered Civil Engineer or Traffic Engineer for review and approval by the City Engineer. The traffic signal shall be installed and operation by prior to the issuance for the 1651h Certificate of Occupancy, unless otherwise allowed by the City Engineer. The applicant shall be responsible for 100%of the cost of the design and install the traffic signal'. Per the condition the traffic signal installation plans have been prepared and approved. However,tract 36689 consists of only 163 dwelling units and thus we will not reach the 165`h Certificate of Occupancy as required for the installation of the traffic signal. In that light and in the spirit of partnership with the City of Palm Springs, we have gone out to bid to four contractors (bids attached) and we are proposing to pay the City the average of the 4 bids in lieu of installing the traffic signal. This will allow the City to install the signal at time when the actual traffic conditions warrant its installation. We would propose the payment of$343,735.50 be made within 5 business days after approval by the City of Palm Springs and that concurrently,with the in-lieu payment, the security currently posted for the traffic signal (improvement bonds) be released. Furthermore,we respectfully ask that if the College of the Desert CEQA analysis it determines that it should pay its fair share contribution for the traffic signal that such reimbursement be made directly to JEN California 3, LLC. Please review and if you have any questions please do not hesitate to call (626-263-4205) or email ponufer@avpre.net. Sincerely, JEN California 3, LLC By:JPMB Investments, LLC Its: Manager By: Paul Onufer Its: Manager Enclosures: 556 S.Fair Oaks Ave. #337 Pasadena,CA 91105 626.263.4205 p Vibe Traffic Signal Bid Spreadsheet Prepared by: Collins &Associates Engineering Inc. Approved by the City of Palm Springs 4/6/07 Bid# Contractor Bid Date Amount 1 DBX Inc 9/3/2019 $ 338,015.00 2 Elecnor Belco Electric 9/3/2019 $ 304,778.00 3 Sierra Pacific 9/3/2019 $ 333,451.00 4 iSelect Electrical 1 9/10/2019 1 $ 398,698.00 Average 1 $ 343,735.50 (EID Select Electric, Inc. SELECT 2790 Business Park Dr E L E C T R I C. INC. Vista, CA 92081 License No. 297034 T: 760-477-0213 F: 760-460-6069 September 3, 2019 Arroyo Vista Partners, LLC 556 S. Fair Oaks Ave, #337 Pasadena, CA 91105 Pauk Onufer(626) 263-4205/ponufer@avpre.net DIR: 1000001036 RE: Traffic Signal -Tahquitz Cyn and Civic Dr SEI QUOTE NO.: 19-322 BID DATE: 9/3/2019 QUOTE VALID FOR: 30 DAYS We are pleased to offer for your consideration our proposal for the electrical work required on the referenced project. Our proposal is in accordance with the terms and conditions as stated in the Contract Documents, and includes the work required for providing the electrical system as shown on the provided drawings. BID ITEM DESCRIPTION QUANTITY UNIT EXTENSION 1 Traffic Signal and Signing and 1 $398,698.00 $ 398,698.00 Striping TOTAL $398,698.00 No. Addendum noted: Clarifications: 1 Includes traffic control for our work only,based on most recent edition of"WATCH" manual. Only if work falls outside of general contractor work area, SEI responsible for our own TC. 2 Contractor is to prepare all work areas so as to be acceptable for our work under the subcontract. Select Electric, Inc. will not be called upon to start work until sufficient areas are ready to insure continued work. The Contractor shall furnish all temporary site facilities including suitable storage space, traffic control, temporary electrical and water, and sanitary facilities at no cost to Select Electric, Inc. 3 This proposal is based on all work being performed on straight time, based on a normal 8- hour workday, 40-hour per week basis. No allowance is included for any overtime. 4 SEI hereby reserves its right to accept, reject or negotiate applicable terms and conditions of any contract to be entered into, in good faith, with the customer upon award of the work, and by submission of this proposal SEI shall not be bound to accept or perform the proposed work until terms are fully agreed to by both parties in writing. 5 Maintaining the temporary electrical systems does not include temporary relocation of lighting, traffic signal and equipment. 6 Pole lead times are 20 weeks from signed submittals. SEI not responsible for delays due to lead times. 7 If electronic copies of as-built drawings are required, Prime contractor to provide Select Electric, Inc. with original electronic files at no cost to Select Electric, Inc. 8 SEI will provide input in the prime contractor's schedule. No dedicated scheduler is included for this project. 9 Any change in squence or duration will be mutually agreed by SEI and prime contractor prior to acceptance. Page 1 of 2 10 SEI will be compensated by the general contractor for all additional premium time cost due to schedule acceleration. 11 LD's that are associated within this project shall be capped to 15% of SEI's contract value. 12 In order for this quote to be valid the prices, clarifications and exclusions listed in this proposal must become part of the final subcontract agreement. 13 The parties agree that Electronic Signatures appearing on timesheets and/or daily time and material tickets are the same as handwritten signatures and as valid, enforceable, and admissible as if signed in writing. 14 SEI will dump spoils generated by our scope of work to the GCs designated stock pile area no further than 2 miles from the work site at no charge to SEI. 15 SEI includes a maximum of 50'of conduit to undetermined service connection point.Any additional footage will be paid for by the GC. 16 No Specs provided at time of Bid Exclusions: 1 Cost of bond. Please contact estimator for applicable bond percentage if required. 1.3% 2 All permits & inspection fees. 3 Caltrans inspection cost for(welding spec 8.3) and any associated travel expenses. 4 Utility Company fees &support of existing utilities. 5 Cost of materials furnished by others but installed by Select Electric, Inc. 6 Turn on cost for materials furnished by others. 7 Electrical worked in items we are not a part of. 8 Concrete housekeeping, equipment pads, curbs and bollards. 9 Surveying, layout, painting, patching, and landscaping. 10 Traffic control permits, engineered TC plans and "K" rail installation 11 Removal of spoils, hazardous materials, waste handling or removal, clearing &grubbing. 12 Saw cutting, removal, and patching of existing concrete slabs, equipment pads, pole bases, duct banks or asphalt pavement. 13 Material & Labor escalation 14 Weekend, shift and night work We appreciate the opportunity of providing you with our quotation for this project. The price(s) quoted herein is(are)firm for 30 days. Should you have any questions, please contact us at your convenience. Sincerely, Toni Wright (619)247-8700 Estimator Select Electric, Inc. Page 2 of 2 D 42024 AVENIDA ALVARADO,SUITE A TEMECULA,CALIFORNIA 92590 (951)296-9909 Inc. FAX (951)296-9978 Contractors License No.240547 A&C-10 X DIR No. 1000004242 September 3, 2019 Arroyo Vista Partners, LLC 656 S. Fair Oaks Ave. #337 Pasadena, CA 91105 Attn: Paul Onufer Re: CITY OF PALM SPRINGS Traffic Signal Installation We are pleased to be submitting our quote to you as follows for the above referenced project: Traffic Signal Installation at Tahquitz Canyon Way and Civic Drive Lump Sum $333,283.00 Optional: Pavement Markings& Removals Lump Sum $4,732.00 TOTAL QUOTE WITH OPTION: $338,015.00 NOTES: 1. Excludes all City permits and/or inspection fees 2. Excludes Edison permits and/or inspection fees 3. Excludes Street Improvements, AC or Concrete 4. Excludes engineer stamped traffic control plans 5. Includes traffic control for our work only 6. QUOTE IS VALID FOR 30 DAYS ONLY If you have any questicns, please contact me at(951)296-9909. Thank you; ames C. Perry President "AN EQUAL OPPORTUNITY EMPLOYER" ELECNOR BELCO ELECTRIC,INC. 14320 ALBERS WAY belco CHINO,CA 91710 TEL(909)993-5470 FAX(909)993-5476 elecnor group LICENSE NO.738518-A,B,C10 DIR NO. 1000004804-EXP.6/30/2022 www.elecnorbelco.com QUOTATION PROJECT DESCRIPTION THE VIBE TRAFFIC SIGNAL AT CIVIL DRIVE AGENCY/OWNER CITY OF PALM SPRINGS BID DATE/TI\IE 9/3/2019 ITEM NO. DESCRIPTION QTY UNIT UNIT PRICE EXTENSION I TRAFFIC SIGNALS AT TAHQUITZ CANYON WAY AND CIVIL DRIVE I LS $299,378.00 $ 299,378.00 2 PROVIDING SIG G AND STRIPING PER TRAFFIC SIGNAL PLAN I LS ,4 0. 5, .00 GRAND TOTALI$ 304,778.00 NOTES: *ELECNOR BELCO ELECTRIC,INC.IS A UNION CONTRACTOR. *FURNISH AND INSTALL NEW TRAFFIC SIGNAL SYSTEM AT TAHQUITZ CANYON AND CIVIC DR.PER TRAFFIC SIGNAL PLAN. *FURNISH AND INSTALL SIGNING AND STRIPING PER TRAFFIC SIGNAL PLAN. *PROVIDE ASPHALT AND CONCRETE RESTORATION FOR OWN WORK. *STEEL TRAFFIC SIGNAL AND STREET LIGHT POLES ARE CURRENTLY 18-20 WEEKS LEAD TIME AFTER SUBMITTAL APPROVAL. *WORK PERFORMED DURING NORMAL BUSINESS HOURS MONDAY THRU FRIDAY FROM 7:00 AM TO 3:30 PM. *QUOTATION VALID FOR(60)DAYS. QUOTATION BASED ON LISTED BID ITEMS AND PROJECT SPECIFICATIONS. *QUOTATION BASED ON UPDATED CONSTRUCTION DETAILS TO MATCH NEW EQUIPMENT AND MATERIALS,DELTA 1. EXCLUDED FROM THIS QUOTATION: *BOND AND PREMIUM. IF BOND IS REQUIRED,OUR BOND RATE IS APPROXIMATELY(.70 OF 1%). *UTILITY PERMITS,INSPECTION,QA/QC INSPECTION,SURVEYING,AND ASSOCIATED FEES. *DESIGN OR ENGINEERING OF DRAWINGS,SWPPP PLANS,BMP'S,TRAFFIC CONTROL PLANS,AND ASSOCIATED FEES. *PROVIDE TRAFFIC CONTROL FOR MAINLINE FREEWAY OR FREEWAY RAMPS. *WEEKEND,SHIFT OR NIGHT WORK(EXCEPT WHEN REQUIRED PER PROJECT SPECS.). WE APPRECIATE THE OPPORTUNITY TO PROVIDE OUR SCOPE OF WORK FOR YOUR CONSIDERATION. SHOULD THERE BE ANY QUESTIONS OR CONCERNS,PLEASE FEEL FREE TO CONTACT ME AT(909)993-5470 EXT.254 OR VIA EMAIL JWONG@ELECNOR.COM. ESTIMATOR: JOHN WONG Page 1 of 1 Contractors License No. 264048 VL PACT C-10,A, B Y ?_ DIR Registration No. 1000004626 ELECTRICAL CONTRACTING Union Contractor/ No Minority Status i 2542 Avalon St. Phone: 951-784-1410 A Riverside,CA 92509 Fax: 951-784-4489 PROPOSAL Quote #: 391019 Name: Arroyo Vista Partners Job Location: Palm Springs, Civic&Tahquitz Attn: Paul Onufer Canyon Date: 9-10-19 Phone: 626-263-4205 The undersigned agrees to furnish and provide necessary materials, tools, and appurtenances to do, perform and complete in a good workmanlike manner the following: Install traffic signal per plans approved in 2007 with a Delta i revision dated 5-23-19. NOTES: -Bid to use TS poles that are 2006 Caltrans spec in order to match the white poles at El Cielo per Delta 1 on the plans. -Bid excludes any kind of concrete and or AC&R&R.We will remove minimal concrete just to accommodate our scope of work.We will patch back our removals with temp.AC.See attached plans showing the locations we believe will be effected by the signal installation. -Bid excludes any handicap ramp work.The existing ramps may not be up to current ADA specs and may be required to be updated. -Bid excludes relocating,modifying or installing any new irrigation,landscape or hardscape if needed. **POLES ARE A 26-28 WEEK LEAD TIME ITEM** All the above work to be completed for the sum of: $333,451 Dollars and no cents. Any alterations or deviations from the above, involving extra cost of material or labor,will be executed only on written orders for same and will become an extra charge over the sum mentioned above, All agreements must be in writing. Terms of payment shall be as follows: Progressive This proposal is void if not accepted within Thirty days This proposal includes all stipulations found on page 2. Attorney's Fees: In the event that it becomes necessary to institute suit or to employ an attorney to collect any payment or payments due the undersigned for labor or materials furnished under this agreement or any modification thereof,then you shall be liable to the undersigned for court costs and attorney's fees. Respectfully submitted, Jorge Gomez/Estimator Acceptance You are hereby authorized to furnish all materials and labor required to complete the work mentioned in the above proposal for which we agree to pay the amount mentioned in said proposal and in accordance with the terms thereof. i Accepted and authorized by: (signature&Date) (Print) Page 1 of 2 Quote #391019 Contractors License No. 264048 ��A pACl C-10,A, B DIR Registration No. 1000004626 ELECTRICAL CONTRACTING Union Contractor/No Minority Status 2542 Avalon St. Phone: 951-784-1410 Riverside, CA 92509 Fax: 951-784-4489 PROPOSAL Comments, Exclusions, and Stipulations of Bid or Proposal 1. Addendum(0)Acknowledged: 2. Bid does not include Payment or Performance Bonds, but can be provided for an additional fee. Bond Rate is 0.72% 3. Bid does not include OCIP or WRAP, but can be provided for an additional fee. 4. Bid for day time pay and hours. Prevailing Wages noted. 5. Bid does not include preparation of plans,traffic control plans,or plan checks. 6. Bid does not include relocating, replacing or repairing I.R.R., landscape or hardscape. 7. Bid does not include any utility company,city, county and/or Caltrans charges, permits or fees. 8. Bid does not include inspection fees or testing fees of any kind. 9. Bid is based upon plans that were approved in 2007 with a 2019 Delta 1 &no specs provided. 10. Bid is based upon jobsite conditions at time of bid 11. We are not responsible for removal and replacement of SWPPP obstructions. 12. We are not responsible for concrete and AC R&R. 13. Insurance included with bid: Commercial Liability Limits $1,000,000 per occurrence/$2,000,000 Aggregate $1,000,000 Personal&Advertisement Injury $2,000,000 Products&Completed Operations Aggregate $50,000 Damage to Rented Premises EXCLUDED Medical Expenses Auto Liability Limits $1,000,000 Combined Single Limit I Excess Liability Limits $2,000,000 per occurrence/$2,000,000 Aggregate i Worker Comp $1,000,000 Each Accident $1,000,000 Disease—Each Employee Acceptance of Bid/Proposal accepts these insurance limits regardless of requirements by owner. 14. Sierra Pacific Electrical is not responsible for delays caused by and/or resulting from activities or non-activities of others, including but not limited to,owner,contractor,vendors, suppliers, other subcontractors and other factors not in direct control of Sierra Pacific Electrical. For the delays caused by the aforementioned, Sierra Pacific Electrical will be reimbursed for all direct and indirect costs plus a mark-up of twenty percent(20%), or as specified and allowed by the Prime Contract if the delays are caused by the Owner/Agency. Sierra Pacific Electrical will be granted an extension of time to perform its work tantamount to the delays. 15. Sierra Pacific Electrical will be paid upon receipt of major materials 16. ROCK CLAUSE: Any conduit installation that cannot be performed using either of the two accepted methods(Directional Bore/Cat 426)with reasonable efficiency will be performed with the appropriate and agreed upon equipment and charged as "Extra Work"at cost plus fifteen percent(15%) 17. This bid/proposal and all its Terms and Conditions shall become a binding part of any subcontract, purchase order, or other agreement made with Sierra Pacific Electrical Contracting. Page 2 of 2 Quote #]91019 9/5/2019 N Civic Dr&F Tahquitz Canyon Way-Goog!e Maps Go. .gle Maps N Civic Dr & E Tahquitz Canyon Way ■ I . . . - Imagery 02019 Google,Map data©2019,Map data'J2019 20 ft https://www.googie.com/maps/place/N+Civic+Dr+%26+E+Tahquitz+Canyon+Way,+Palm+Springs,+CA+92262/@33.8231416,-116.5126094,76a,35y,270h/data=!3m 1!1 e3!4m5!3m4!1 sOz8Odb 1 c8OObc82... 1/1