HomeMy WebLinkAbout9/5/2018 - STAFF REPORTS - 4.A.City Council Staff Reporl
DATE: September 5, 2018 UNFINISHED BUSINESS
SUBJECT: RATIFICATION OF THE CITY MANAGER'S AWARD OF A
CONSTRUCTION CONTRACT TO ELECNOR BELCO ELECTRIC , INC ., A
CALIFORNIA CORPORATION , IN THE AMOUNT OF $4,464 ,857 FOR
THE INDIAN CANYON DRIVE TWO-WAY CONVERSTION AN D
PEDESTRIAN AND BICYCLE SAFETY ENHANCEMENTS , C ITY
PROJECT NO . 17-08
FROM : Da vid H. Ready, City Manager
BY : Engineering Services Department
SUMMARY :
To avoid delay during the Council's August re cess, on June 20 , 2018 , the City Counci l
authorized the City Manager to approve a construction contract t o the lo west responsi ve
and responsible bidder for the Indian Canyon Dri ve Two-Way Conversion and Pedestrian
and Bicycle Safety Enhancements , City Project 17-08 , (t he "Project"), subject to the
ratification at the September 5 , 2018 , City Council meeting . This item fo rma lly ra t ifies the
award of the construction contract for the Project.
RECOMMENDATION :
1. Ratify the City Manager's approval of a construction contract (Agreement No . )
to Elecnor Belco Electric, Inc ., a California corporation, i n the amount of $4,46 4,857
for the Indian Canyon Drive Two-Way Conversion and Pedestrian and Bicyc le Safety
Enhancements , City Project 17-08 ;
2. Authorize the City Manager to approve and execute construction contract change
orders up to a cumulative amount of $446 ,485 (1 0% of the construction contract); and
3. Authorize the City Manager to execute all necessary d oc uments .
BUSINESS PRINCIPAL DISCLOSURE :
Elecnor Belco Electric, Inc., is a California Corporation whose co rporate officers are Juan
Bra vo , as President; John Wong , as Vice President ; Alberto Garcia de Los Angeles , as
Vice President; Pedro Enrile , as Secretary and Jeroni Gerv illa, as Treasurer. All corporate
officers represent the ownership of this corporation.
ITE M No._Y..;...'...;..A_._
2
City Council Staff Report
September 5, 2018 --Page 2
Ratification of Contract -C P 17-0 8
BACKGROUND
On February 20, 2013 , the City Council approved an agreement wi th Albert Grover &
Associates (AGA) to prepare a feasibility study to analyze the conversion of Ind ian
Canyon Drive from one-way traffic circulation to two-way traffic circulation.
On October 4 , 2017, the City Council approved Alternative 1 identified in AGA's feasibil ity
study as the preferred alternative for conversion of Indian Canyon Drive to two-way traffic
circulation . This alternative will convert the existing four one-way northbound traffic lanes
to two-way traffic lanes by maintaining two northbound traffic lanes , creating a continuous
two-way center turn lane , and creating one southbound traffic lane . Existing parallel
parking on both sides of Indian Canyon Drive are maintained . Alternative 1 is shown in
Figure 1.
Figure 1 -Alternative No. 1
Early in 2017 , the ONE-PS Code Enforcement and Public Works Committee discussed
possible mitigations for traffic collisions involving bicycles and pedestrians with the
Engineering Services Department (Engineering). Engineering staff analyzed data from
Palm Springs Police Department (PSPD) along th e City 's major corridors and identified a
high concentration of accidents that warranted further review to improve bicycl ist and
pedestrian safety. ONE-PS , PSPD , and Engineering staff also coordinated with the
Measure J Commission in its solicitation of community projects for potential funding with
future Measure J funds .
In the spring of 2017 , the Coachella Valley Association of Governments (CVAG) released
a Call for Proj ects for $10 million in Measure A grant funding relat ed t o CVAG 's Bicycle
and Pede strian Safety Prog ram . In respons e to its Call fo r Proje cts , Engineering staff
submitted 7 grant applications for projects focused on mitigating bicyclist and pedestrian
accidents occurring on various major corridors . CVAG approved 5 of the City's grant
applications , including the City's grant for Pede strian Safety Enhancements at Signalized
Intersections along the Downtown Indian Canyon Drive Corridor. The CVAG grant
provides $2 ,000 ,000 in Measure A funding for the Project.
On October 4 , 2017 , the City Council approved a reimbursement agreement with CVAG
for the Project , and authorized the issuance of a purchase o rder to Albert A. Webb &
Associates to procee d with fin al de sign for the Proj ect.
3
City Council Staff Report
September 5, 2018 --Page 3
Ratification of Contract-CP17-08
On April 18, 2018, the City Council adopted a Resolution identifying the Project to be
funded with the City's 2018 annual disbursement of "new gas tax" funds generated by
Senate Bill1 (SB-1 ), in the amount of $790,752.
In May 2018, concerned with the increasing construction estimate, Engineering staff
submitted a request to CVAG for additional Measure A funds to accommodate the costs
associated with the two-way conversion. On June 4, 2018, the CVAG Executive
Committee approved an additional $1,500,000 in Measure A funds for the Project.
On June 20, 2018, the City Council approved the reimbursement agreement with CVAG
for the additional $1,500,000 Measure A funds, and approved the plans, specifications
and estimates and authorized staff to solicit bids. A map of the final project location can
be found as Attachment 1.
STAFF ANALYSIS:
On June 22, 2018 and June 29, 2018, staff advertised the Project for bids in the Desert
Sun, submitted the Notice Inviting Bids to plan rooms 1, and provided the contract
documents free of charge to prospective bidders. On July 24, 2018 at 3:00 p.m., the
Procurement and Contracting Division received three (3) bids from the following
contractors listed in Table 1:
Company Location Bid Amount
Elecnor Belco Electric, Inc. Chino, CA $4,464,857.00
Desert Concepts Construction, Inc. Indio, CA $4,583,012.15
PTM General Engineering Services, Inc. Riverside, CA $4,664,997.10
Table 1
A full bid summary is included as Attachment 2. The low bid of $4,464,857 exceeds the
engineer's estimate of $3,262,000 and is continuing evidence of the lack of readily
available contractors in the current economic climate, which is significantly increasing
labor and material costs associated with construction.
Bid Analysis
Staff reviewed all bid documents submitted by the apparent low bidder and determined
that Elecnor Belco Electric, Inc., complies with the Instruction to Bidders and has
submitted the lowest responsive and responsible bid.
On August 2, 2018, staff recommended that the City Manager approve the bid submitted
by Elecnor Belco Electric during the August Council recess, subject to the ratification by
City Council at the September 5, 2018 Council meeting.
1 A Plan Room is a "library" where construction professionals may view bidding documents (blueprints and
specifications) for projects seeking price estimates for specific construction products or services. There are
9 various plan rooms in southern California where the City submits its bid documents to ensure all
contractors within the area are aware of the bid solicitation.
4
City Council Staff Report
September 5, 2018 --Page 4
Ratification of Contract -CP17 -08
Public Works Contractor Registration Law (SB 854)
Under California Labor Code Section 1771.1, as amended by Senate Bill (SB) 854 (2014),
unless registered with the State of California Department of Industrial Relations (DIR), a
contractor may not bid, nor be listed as a subcontractor, for any bid proposal submitted
for public works contract on or after March 1, 2015. Similarly, a public entity cannot award
a public works contract to a non-registered contractor, effective April 1, 2015. Staff has
reviewed the Dl R's contractor registration database, and has confirmed that Elecnor
Belco Electric is registered with the DIR, and is appropriately licensed.
Elecnor Belco Electric of Chino, California, submitted the lowest responsive bid; staff
reviewed the bid and contractor's license, and found the Contractor and its subcontractors
to be properly licensed and qualified. A construction contract with Elecnor Belco Electric
is included as Attachment 3.
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 businesses whose work force resides within the
Coachella Valley. Elecnor Belco Electric is not considered a local business; however, they
have demonstrated sufficient evidence of good faith efforts to sub-contract the supply of
materials and equipment to local businesses.
Construction Schedule I Traffic Impacts
It should be noted that construction of the Project will impact the downtown area. The
majority of the work is related to traffic signal modifications, where each of the 8 signalized
intersections along Indian Canyon Drive located between Alejo Road and Camino
Parocela will be reconstructed to provide for 2-way traffic circulation. Traffic signals are a
long-lead item, meaning, upon receipt of an order from the contractor, a shipment will not
be expected for 20 weeks. This delay is primarily due to a lack of multiple manufacturers
(there are now only 2 suppliers in the U.S.), and the contractor expects receipt of signal
poles by January 2019. The contractor will mobilize in September to start underground
utility investigations (potholing) and installation of underground conduit and signal pole
foundations. Related street improvements (curb pop-outs and new curb ramps) will occur
from October through December. Following receipt of signal poles in January, signal
relocation work will occur from January through March 2019, with completion anticipated
by April 2019.
Staff will coordinate release of public information regarding traffic impacts associated with
this project, which is expected to extend into the peak tourist season during the holidays.
ENVIRONMENTAL IMPACT:
Section 21084 of the California Public Resources Code requires Guidelines for
Implementation of the California Environmental Quality Act (11 CEQA .. ). The Guidelines are
5
City Council Staff Report
September 5, 2018 --Page 5
Ratification of Contract -CP17 -08
required to include a list of classes of projects which have been determined not to have
a significant effect on the environment and which are exempt from the provisions of
CEQA. In response to that mandate, the Secretary for Resources identified classes of
projects that do not have a significant effect on the environment, and are declared to be
categorically exempt from the requirement for the preparation of environmental
documents. In accordance with Section 15301 11 Existing Facilities,~~ Class 1 projects
consist of the operation, repair, maintenance, permitting, leasing, licensing, or minor
alteration of existing public structures, facilities, mechanical equipment or topographical
features involving negligible or no expansion of use beyond that existing at the time of the
lead agency's determination. Therefore, in accordance with Section 15301 (c), staff has
determined that the Indian Canyon Two-Way Conversion and Pedestrian and Bicycle
Safety Enhancements, City Project No. 17-08, is considered categorically exempt from
CEQA and a Notice of Exemption has been prepared and filed with the Riverside County
Clerk, included as Attachment 4.
FISCAL IMPACT:
The City has received $3,500,000 in CVAG Measure A funds for the Project. Additionally,
the City allocated its 2018 annual disbursement of "new gas tax" funds
In addition, the City Council adopted a Resolution identifying the Project to be funded with
the City's 2018 annual disbursement of "new gas tax" funds generated by Senate Bill 1
(SB-1 ), in the amount of $790,752.
The following Table 2 identifies the final estimated costs for the project.
Table of Project Costs Amount
CVAG Bicycle/Pedestrian Safety Grant $2,000,000
CVAG Two Way Conversion Grant $1,500,000
SB-1 Funds $790,752
Local Measure A Funds* $700,000
Measure J Funds** $550,000
Design Costs ($395,000)
Project Administration (Estimated) ($25,000)
Construction Engineering/Design Support & Inspection (Estimated) ($200,000)
Construction Contract ($4,464,857)
Contingency (1 0°/o} ($446,486)
Balance Remaining: $9,409
Table 1
*The Council previously appropriated $750,000 from the Local Measure A Fund for a
street widening project located on San Rafael Drive, between Virginia Road and Indian
Canyon Drive, shown in the figure on the next page. The purpose of this project was to
complete the widening of a short segment of narrow 2-lane roadway to match the 4-lane
corridor that exists to the west and east of this segment.
6
City Co uncil Staff Rep o rt
September 5 , 2018 --Page 6
Rati f icatio n of Co nt ract-CP17 -0 8
San Rafael Drive Project
Widening San Rafael Drive requires the acquisition of adjacent commercial/industrial
buildings on the north side of the roadway , and significantly exceeds f unds av ailable for
the project through the Measure A program. Additionally, the Counc il recently approv ed
two residential projects located on the south side of San Rafael Dri ve in this area, with
those projects responsible for the southerly w idening of the road way. Accord ingl y , staff
recommends the Council suspend the San Rafael Drive w ide ning project, and re-allocate
the remaining funds of approximately $700,000 in the Local Measure A Fund t o th is
Project.
**It is also necessary to request the Council to authorize the use of $550 ,000 from the
Measure J Capital Fund for the Project to fully fund the final estimated costs. Th is funding
is currently available through a combination of carry-over Measu re J Funds (unscheduled
-or contingency funds) from the prior fiscal year (approximate ly $440,000 ) and remaining
budget for the Non-Motorized Transportation Program I Bi k ing Proj ect (b alance remaining
of approximately $51 0,000).
SUBMITTED:
Marcus L. Fuller, MPA , P.E., P.L.S.
Assistant City Manager
Attachments:
1. Project Map
2. Bid Summary
3 . Construction Contract
4 . CEQA -Notice of Exemption
David H. Read y , Esq., Ph.D.
City Manager
7
City Council Staff Rep o rt
Septembe r 5 , 2 01 8 --Page 6
Ratification of Contract -C P 17-0 8
San Rafael Drive Project
Widening San Rafael Drive requires the acquisition of adjacent commercial/industrial
buildings on the north side of the roadway , and significantly ex ceeds funds available for
the project through the Measure A program . Additionally , the Council recently approved
two residential projects located on the south side of San Rafael Drive in this area , with
those projects responsible for the southerly widening of the roadway . Accordingly , staff
recommends the Council suspend the San Rafael Drive widening project , and re-allocate
the remaining funds of appro ximately $700 ,000 in the Local Measure A Fund to this
Project.
**It is also necessary to request the Council to authorize the use of $550 ,000 from the
Measure J Capital Fund for the Project to fully fund the final estimated costs. This funding
is currently available through a combination of carry-over Measure J Funds (unscheduled
-or contingency funds) from the prior fiscal year (appro ximately $440 ,000) and remaining
budget for the Non-Motorized Transportation Program I Biking Project (balance remaining
of appro x imately $51 0 ,000).
SUBMITTED :
~
Marcus L. Fuller , MPA, P .E ., P .L .S.
Assistant City Manager
Attachments :
1. Project Map
2. Bid Summary
3. Construction Contract
4 . CEQA-Notice of Exemption
David H. Ready, Esq ., P
City Manager
8
Attachment 1
9
PROJECT LOCATION MAP
WH ; !\\\\~ \ V ia EL w
---~ I I -
!Ia
-
'\ ----~
~ --
l I Vista Chino n
r--I ~ I Steve lS Road !!! s v I ~ II i
Ql
If)
e =r~
·.:::
( <;:: c
=>
! (/)
\= ~~\_as ~aIm-::-----·~ ~
5>----5 J L.LJ IL ~ I c
~ .!!1 l:g _j
\ ~ -o -c I! t=J l \. u Ql > f-CD Tachevah Dr I ~ I I
I I I l I fJ r l.J 1 \ ~ ~ f-C' lam; ~risk Rd > I rL_ ..,., _.. "-
~
_Q riailalm t :~r ~ -
'\. .......... .-
;'\ "\I <::JU \U I I
\:~ I ± -s 1-,_
~i --1 r-
C..m~do Rd ~ 1-
~~ LEGEND
1T:, @Project Lo cation
___/ ndreas Rd -Two-Way Conversi on IUJl -
quitz C anyon Way ; La =>iaza
Are nas ~-J <L ( -
B a Hsto Rd I
\. I
-[r-N -nn W.E I ~ -,Ran on Rd
l ~ah>;co .,.
L ~I ~:;-
--L;t ~ 1--~----s D-'-
NTS _,_ I I
II\ L_ I I
10
Attachment 2
11Item No. 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 INDIAN CANYON DRIVE TWO-WAY CONVERSION AND PEDESTRIAN AND BICYCLE SAFETY ENHANCEMENTS, CITY PROJECT -CP 17-08 : BID SUMMARY BID SCHEDULE A BELCO ELECNOR GROUP DESERT CONCEPT PTM GENERAL ENGINEERING QUANTITY UNIT CONSTRUCTION SERVICES INC. ITEM DESCRIPTION UNITPR. AMOUNT UNITPR. AMOUNT UNITPR. AMOUNT MOBILIZATION, DEMOBILIZATION, AND FINAL 1 LS $195,228.00 $195,228.00 $200,785.00 $200,785.00 $120,000.00 $120,000.00 CLEANUP (5% MAX) CONSTRUCT PROJECT INDENTIFICATION SIGNS 2 EA $2,315.00 $4,630.00 $1,645.50 $3,291.00 $2,500.00 $5,000.00 TEMPORARY TRAFFIC CONTROL 1 LS $88,226.00 $88,226.00 $189,151.00 $189,151.00 $60,000.00 $60,000.00 WATER POLLUTION CONTROL 1 LS $11,763.00 $11,763.00 $27,427.00 $27,427.00 $12,000.00 $12,000.00 CLEARING AND GRUBBING 1 LS $168,923.00 $168,923.00 $82,281.00 $82,281.00 $72,000.00 $72,000.00 REMOVE AND DISPOSE EXISTING PAVEMENT AND 4,948 SF $8.00 $39,584.00 $3.15 $15,586.20 $12.00 $59,376.00 BASE MATERIAL REMOVE AND DISPOSE OF EXISTING CURB & 1,264 LF $31.00 $39,184.00 $7.50 $9,480.00 $19.20 $24,268.80 GUTTER REMOVE AND DISPOSE OF EXISTING P.C.C. 6,908 SF $5.00 $34,540.00 $4.50 $31,086.00 $6.00 $41,448.00 IMPROVEMENTS REMOVE EXISTING A.C. DIKE 36 LF $12.00 $432.00 $10.50 $378.00 $24.00 $864.00 REMOVE EXISTING MEDIAN CURB 1,855 LF $24.00 $44,520.00 $5.50 $10,202.50 $14.40 $26,712.00 REMOVE EXISTING BOLLARDS 4 EA $588.00 $2,352.00 $160.75 $643.00 $300.00 $1,200.00 REMOVE EXISTING NUISANCE WATER DRAIN AND 2 EA $2,353.00 $4,706.00 $2,679.50 $5,359.00 $960.00 $1,920.00 CAP EXISTING 8" HOPE STORM DRAIN PIPE REMOVE AND RE-INSTALL EXISTING CONCRETE 1 EA $588.00 $588.00 $820.00 $820.00 $600.00 $600.00 TRASH CONTAINER REMOVE EXISTING MEDIAN LANDSCAPING, 7,356 SF $11.00 $80,916.00 $3.75 $27,585.00 $9.60 $70,617.60 HARDSCAPE AND IRRIGATION REMOVE EXISTING PAVERS 616 SF $7.00 $4,312.00 $8.00 $4,928.00 $10.80 $6,652.80 ADJUST EXISTING WATER VALVE TO GRADE PER DWA STD. DWG. W111 (TYP. ALL WATER VALVES) CONTRACTOR SHALL REMOVE, LOWER, AND ADJUST VALVE STEM AS REQUIRED DURING 5 EA $1,059.00 $5,295.00 $2,711.20 $13,556.00 $660.00 $3,300.00 ROADWAY GRINDING AND RETURN TO HEIGHT TO FINISH GRADE. CONCRETE COLLAR TO BE CONSTRUCTED. ADJUST EXISTING WATER METER TO GRADE BY 1 EA $5,529.00 $5,529.00 $965.00 $965.00 $1,800.00 $1,800.00 CONTRACTOR ADJUST EXISTING SEWER MANHOLE TO GRADE PER 2 EA $1,765.00 $3,530.00 $2,270.00 $4,540.00 $5,400.00 $10,800.00 CITY OF PALM SPRINGS STD. DWG. NO. 402 CONSTRUCT CLASS II AGGREGATE BASE 100 CY $253.00 $25,300.00 $92.05 $9,205.00 $84.00 $8,400.00 GRIND PAVEMENT (1.5" MIN) PER DETAIL ON SHEET 2,978 SF $5.00 $14,890.00 $6.50 $19,357.00 $12.60 $37,522.80 2 UNIFORM MICRO-MILLING 1/4" OF EXISTING ASPHALT 740,000 SF $0.20 $148,000.00 $0.17 $125,800.00 $0.24 $177,600.00 CONCRETE PAVEMENT RUBBER POLYMER MODIFIED SLURRY (RPMS) 740,000 SF $0.37 $273,800.00 $0.28 $203,500.00 $0.38 $281 ,200.00 ASPHALT CONCRETE (INCLUDES 1.5" OVERLAY) 271 TON $323.00 $87,533.00 $378.00 s 1 02,438.00 $198.00 $53,658.00 CONSTRUCT 4" THICK SIDEWALK PER CITY OF PALM 4,512 SF $9.00 $40,608.00 $10.75 $48,504.00 $9.60 $43,315.20 SPRINGS STD. DWG. NO. 210 CONSTRUCT SIDEWALK (RED TONE CONCRETE -1,708 SF $13.00 $22,204.00 $20.50 $35,014.00 $18.00 $30,744.00 MATCH EXISTING) CONSTRUCT SIDEWALK (EARTH TONE CONCRETE -200 SF $29.00 $5,800.00 $25.00 $5,000.00 $24.00 $4,800.00 MATCH EXISTING) CONSTRUCT SIDEWALK (16"X16" EARTH TONE 100 SF $41.00 $4,100.00 $25.50 $2,550.00 $126.00 $12,600.00 TEXTURED FLAG PAVERS-MATCH EXISTING)
12Item No. 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 INDIAN CANYON DRIVE TWO-WAY CONVERSION AND PEDESTRIAN AND BICYCLE SAFETY ENHANCEMENTS, CITY PROJECT-CP 17-08: BID SUMMARY BID SCHEDULE A BELCO ELECNOR GROUP DESERT CONCEPT PTM GENERAL ENGINEERING QUANTITY UNIT CONSTRUCTION SERVICES INC. ITEM DESCRIPTION UNIT PR. AMOUNT UNIT PR. AMOUNT UNIT PR. AMOUNT CONSTRUCT SIDEWALK (MULTI-COLOR & MUL Tl-SHAPE PAVERS. GEOMETRIC PATTERN. 333 SF $47.00 $15.651.00 $49.00 $16.317.00 $474.00 s 157,842.00 COORDINATE WITH CURB RAMP-MATCH EXISTING) CONSTRUCT 6" CURB & GUTTER PER CITY OF PALM 450 LF $47.00 $21 '150.00 $40.35 $18,157.50 $54.00 $24,300.00 SPRINGS STD. DWG. NO. 200 (A3) CONSTRUCT 8" CURB & GUTTER PER CITY OF PALM 126 LF $47.00 $5,922.00 $42.25 $5,323.50 $60.00 $7,560.00 SPRINGS STD. DWG. NO. 200 (A4) CONSTRUCT 12" CURB & GUTTER PER CITY OF PALM 19 LF $47.00 $893.00 $46.50 $883.50 $90.00 $1,710.00 SPRINGS STD. DWG. NO. 200 (MODIFIED) CONSTRUCT VARIABLE HEIGHT CURB & GUTTER 195 LF $47.00 $9,165.00 $63.00 $12,285.00 $84.00 $16,380.00 SEE CITY OF PALM SPRINGS STD. DWG. NO. 200 CONSTRUCT RETAINING CURB PER RETAINING 266 LF $47.00 $12,502.00 $94.50 $25,137.00 $36.00 $9,576.00 CURB DETAIL ON SHEET 2 CONSTRUCT CROSS GUTTER AND/OR SPANDRELL 1.365 SF $26.00 $35,490.00 $20.50 $27,982.50 $30.00 $40,950.00 PER CITY OF PALM SPRINGS STD. DWG. NO. 206 CONSTRUCT CURB RAMP PER CITY OF PALM 1,393 SF $41.00 $57,113.00 $20.50 $28.556.50 $32.40 $45,133.20 SPRINGS STD. DWG. NO. 212 CONSTRUCT CURB RAMP PER CITY OF PALM 791 SF $41.00 $32,431.00 $20.50 $16,215.50 $30.00 $23,730.00 SPRINGS STD. DWG. NO. 213 CONSTRUCT CURB RAMP PER CITY OF PALM 550 SF $41.00 $22,550.00 $20.50 $11,275.00 $26.40 $14,520.00 SPRINGS STD. DWG. NO. 214 CONSTRUCT MODIFIED DRIVEWAY APPROACH (SEE 1 EA $5,294.00 $5,294.00 $7,566.00 $7,566.00 $7,800.00 $7,800.00 RIVERSIDE COUNTY STD. DWG. NO. 207) CONSTRUCT MODIFIED GUTTER FOR PEDESTRIAN 160 SF $41.00 $6,560.00 $20.50 $3,280.00 $14.40 $2,304.00 ACCESS CONSTRUCT CURB RAMP PER CITY OF PALM SPRINGS STD. DWG. NO. 214 (EARTH TONE 1,543 SF $41.00 $63,263.00 $20.50 $31,631.50 $36.00 $55,548.00 CONCRETE-MATCH EXISTING) CONSTRUCT CURB RAMP PER CITY OF PALM SPRINGS STD. DWG. NO. 214 (RED TONE COLOR-150 SF $53.00 $7,950.00 $20.50 $3,075.00 $42.00 $6,300.00 MATCH EXISTING) CONSTRUCT CURB RAMP PER CITY OF PALM SPRINGS STD. DWG. NO. 212 (12"X12" RED TONE 560 SF $53.00 $29,680.00 $20.50 $11,480.00 $66.00 $36,960.00 PAVERS, 8"X16" RED TONE PAVERS, 4"X6" BLUE CERAMIC TILES-MATCH EXISTING) CONSTRUCT CURB RAMP PER CITY OF PALM SPRINGS STD. DWG. NO. 212 (MULTI-COLOR & MULTI 225 SF $53.00 $11,925.00 $20.50 $4,612.50 $78.00 $17,550.00 SHAPE PAVERS, GEOMETRIC PATTERN COORDINATE WITH SIDEWALK -MATCH EXISTING) INSTALL MULTI-COLOR PAVERS (UNI-DECOR STYLE) 162 SF $82.00 $13,284.00 $75.50 $12,231.00 $96.00 $15,552.00 MATCH EXISTING CONSTRUCT RED TONE CONCRETE PAVEMENT-MATCH EXISTING (SEE CITY OF PALM SPRINGS STD. 400 SF $35.00 $14,000.00 $31.50 $12,600.00 $21.60 $8,640.00 DWG. NO. 206 FOR THICKNESS OF CONCRETE) INSTALL CONCRETE STREET PAVERS (RECTANGULAR RED TONE PAVERS IN 251 SF $47.00 $11,797.00 $41.50 $10,416.50 $120.00 $30,120.00 HERRINGBONE STYLE-MATCH EXISTING)
13Item No. 47 48 49 50 51 52 53 54 55 56 57 58 59 60 61 62 63 64 65 66 67 INDIAN CANYON DRIVE TWO-WAY CONVERSION AND PEDESTRIAN AND BICYCLE SAFETY ENHANCEMENTS, CITY PROJECT-CP 17-08: BID SUMMARY BELCO ELECNOR GROUP DESERT CONCEPT PTM GENERAL ENGINEERING BID SCHEDULE A QUANTITY UNIT CONSTRUCTION SERVICES INC. ITEM DESCRIPTION UNIT PR. AMOUNT UNIT PR. AMOUNT UNIT PR. AMOUNT INSTALL HUB PIPE PER CURB-0-LET MODEL NO. CP-308 LF $276.00 $85,008.00 $82.00 $25,256.00 $324.00 $99,792.00 SP327H OR EQUIVALENT INSTALL HAND RAIL PER STANDARD PALNS FOR PUBLIC WORKS CONSTRUCTION, STD. PLAN 606-3, 40 LF $206.00 $8,240.00 $82.00 $3,280.00 $300.00 $12,000.00 TYPE B (INSTALL ON TYPE OF CURB) REMOVE EXISTING RETAINING CURB 164 LF $24.00 $3,936.00 $10.00 $1,640.00 $19.20 $3,148.80 INSTALL TRAFFIC BOLLARDS 8 EA $2,941.00 $23,528.00 $1,261.00 $10,088.00 $1,200.00 $9,600.00 INSTALL NUISANE WATER DRAIN PER CITY OF PALM 2 EA $7,646.00 $15,292.00 $6,305.00 $12,610.00 $5,400.00 $10,800.00 SPRINGS STD. DWG. NO. 710 CONSTRUCT 8" H.D.P. ADS N12 PIPE OR 50 LF $176.00 $8,800.00 $82.00 $4,100.00 $150.00 $7,500.00 EQUIVALENT INSTALL ADS COUPLER FOR 8" PIPE OR EQUIVALENT 2 EA $588.00 $1,176.00 $252.00 $504.00 $600.00 $1,200.00 TRIM EXISTING BUSHES I HEDGES PER LINE OF SITE 1 LS $17,645.00 $17,645.00 $6,305.00 $6,305.00 $3,000.00 $3,000.00 REQUIREMENTS INSTALL RECTANGULAR GRAY STEPPING PAVERS (MATCH EXISTING) AND RELOCATE EXISTING ROCKS 204 SF $24.00 $4,896.00 $31.50 $6,426.00 $54.00 $11,016.00 AS DIRECTED BY CITY ENGINEER CONSTRUCT 6' A. C. DIKE PER CITY OF PALM 35 LF $59.00 $2,065.00 $25.50 $892.50 $36.00 $1,260.00 SPRINGS STD. DWG. NO. 200 (E1) CONSTRUCT CURB RAMP PER CITY OF PALM SPRINGS STD. DWG. NO. 212 (MATCH EXISTING 128 SF $41.00 $5,248.00 $20.50 $2,624.00 $30.00 $3,840.00 CONCRETE COLOR. TEXTURE, AND PATIERNS) SIGNING & STRIPING REMOVE AND SALVAGE EXISTING SIGN TO CITY 86 EA $206.00 $17,716.00 $95.00 $8,170.00 $60.00 $5,160.00 YARD RELOCATE EXISTING SIGN TO A NEW LOCATION AS 25 EA $294.00 $7,350.00 $245.00 $6,125.00 $420.00 $10,500.00 SHOWN ON PLAN. INSTALL SIGN (STANDARD SIZE OR AS INDICATED) 30 EA $253.00 $7,590.00 $379.00 $11,370.00 $270.00 $8,100.00 PER CA-MUTCD. PAINT 6" DASHED WHITE LANE LINE PER CAL TRANS 8,815 LF $1.00 $8,815.00 $0.25 $2,203.75 $0.30 $2,644.50 STANDARD PLANS, PLAN NO. A20A, DETAIL 9. PAINT 6" DASHED WHITE LANE LINE EXTENSIONS THROUGH INTERSECTIONS PER CAL TRANS 920 LF $1.00 $920.00 $2.00 $1,840.00 $2.40 $2,208.00 STANDARD PLANS. PLAN NO. A20D, DETAIL 40. PAINT 2'X10' WITH 2' GAP CONTINENTAL CROSSWALK AS SHOWN ON PLAN PER CAL TRANS 380 SF $3.00 $1,140.00 $1.75 $665.00 $2.10 $798.00 STANDARD PLANS. PLAN NO. A24F. APPLY THERMOPLASTIC 6" SOLID WHITE LINE 1,435 LF $1.00 $1,435.00 $1.00 $1,435.00 $1.20 $1,722.00 APPLY THERMOPLASTIC 12" SOLID WHITE LIMIT LINE 1,128 LF $3.00 $3,384.00 $1.50 $1,692.00 $1.80 $2,030.40 PER CITY OF PALM SPRINGS DWG NO. 625 APPLY THERMOPLASTIC 6"/6" DOUBLE SOLID YELLOW STRIPE PER CAL TRANS STANDARD PLANS, 2.320 LF $2.00 $4,640.00 $1.25 $2,900.00 $1.50 $3,480.00 PLAN NO. A20A. DETAIL 22. APPLY 6" WHITE THERMOPLASTIC SOLID LINE PER CAL TRANS REVISED STANDARD PALN A20B, DETAIL 230 LF $1.00 $230.00 $1.00 $230.00 $1.20 $276.00 27B.
14Item No. 68 69 70 71 72 73 74 75 76 77 78 79 80 81 82 83 84 INDIAN CANYON DRIVE TWO-WAY CONVERSION AND PEDESTRIAN AND BICYCLE SAFETY ENHANCEMENTS, CITY PROJECT -CP 17-08 · BID SUMMARY BID SCHEDULE A BELCO ELECNOR GROUP DESERT CONCEPT PTM GENERAL ENGINEERING QUANTITY UNIT CONSTRUCTION SERVICES INC. ITEM DESCRIPTION UNIT PR. AMOUNT UNIT PR. AMOUNT UNIT PR. AMOUNT APPLY THERMOPLASTIC 6"/6" DOUBLE SOLID YELLOW STRIPE MEDIAN ISLANDS PER CAL TRANS 860 LF $4.00 $3,440.00 $2.50 $2,150.00 $3.00 $2,580.00 STANDARD PLANS. PLAN NO. A20B. DETAIL 29. APPLY THERMOPLASTIC TWO-WAY LEFT TURN LANE PER CAL TRANS STANDARD PLANS, PLAN NO. A20B. 4.375 LF $4.00 $17,500.00 $2.00 $8.750.00 $2.40 $10,500.00 DETAIL 32. APPLY THERMOPLASTIC 8" SOLID WHITE CHANNELIZING LINE PER CAL TRANS STANDARD 5,155 LF $1.00 $5,155.00 $1.50 $7,732.50 $1.80 $9,279.00 PALNS. PLAN NO. A20D. DETAIL 38. APPLY THERMOPLASTIC ARROW MARKING PER 2,700 SF $5.00 $13,500.00 $5.00 $13,500.00 $6.00 $16,200.00 CAL TRANS STANDARD PLANS. PLAN NO. A24A. APPLY THERMOPLASTIC PAVEMENT LEGEND PER 204 SF $5.00 $1,020.00 $8.00 $1,632.00 $9.60 $1 ,958.40 CAL TRANS STANDARD PLANS. PLAN NO. A24D. APPLY THERMOPLASTIC 2'X1 0' WITH 2' GAP WHITE CONTINENTAL CROSSWALK AS SHOWN ON PLANS 12.820 SF $3.00 $38,460.00 $2.25 $28,845.00 $2.70 $34,614.00 PER CAL TRANS STANDARD PLANS. PLAN NO. A24F. APPLY THERMOPLASTIC 4" SOLID WHITE LINE. 1.020 LF $1.00 $1.020.00 $5.00 $5.100.00 $6.00 $6,120.00 APPLY THERMOPLASTIC 8" DASHED WHITE LANE DROP LINE AT INTERSECTION PER CAL TRANS 1.490 LF $2.00 $2.980.00 $2.00 $2,980.00 $2.40 $3,576.00 STANDARD PLANS. PLAN NO. A20C. DETAIL 37B APPLY THERMOPLASTIC SHARED ROADWAY BICYCLE MARKING 3'X9' PER CAL TRANS STD PLAN 50 EA $1,118.00 $55.900.00 $350.00 $17.500.00 $420.00 $21.000.00 NO. A24C WITH GREEN BACKGROUND. APPLY THERMOPLASTIC 8" DIAGONAL WHITE HATCH 570 LF $2.00 $1,140.00 $1.50 $855.00 $1.80 $1,026.00 AT 20' SPACING. APPLY THERMOPLASTIC 8" SOLID WHITE GORE TREATMENT PER CAL TRANS STANDARD PLANS. 400 LF $2.00 $800.00 $2.00 $800.00 $2.40 $960.00 PLAN NO. A20C. DETAIL 36. APPLY THERMOPLASTIC 6" SOLID WHITE BIKE LANE LINE PER CAL TRANS STANDARD PLANS, PLAN NO. 11,864 LF $1.00 $11,864.00 $0.75 $8,898.00 $0.90 $10,677.60 A20D. DETAIL 39. APPLY THERMOPLASTIC 6" DASHED WHITE INTERSECTION BIKE LANE LINE PER CAL TRANS 125 LF $1.00 $125.00 $1.00 $125.00 $1.20 $150.00 STANDARD PLANS. PLAN NO. A20D. DETAIL 39A. TRAFFIC SIGNAL TRAFFIC SIGNAL MODIFICATION FOR THE INTERSECTION OF PALM CANYON DRIVE AND 1 EA $293,313.00 $293,313.00 $340,000.00 $340,000.00 $310.000.00 $310,000.00 CAMINO PARCELA TRAFFIC SIGNAL MODIFICATION FOR THE INTERSECTION OF INDIAN CANYON DRIVE AND 1 EA $253,786.00 $253,786.00 $305,000.00 $305,000.00 $293,000.00 $293,000.00 RAMON ROAD TRAFFIC SIGNAL MODIFICATION FOR THE INTERSECTION OF INDIAN CANYON DRIVE AND 1 EA $187.627.00 $187,627.00 $259,000.00 $259,000.00 $256,000.00 $256,000.00 BARISTO ROAD TRAFFIC SIGNAL MODIFICATION FOR THE INTERSECTION OF INDIAN CANYON DRIVE AND 1 EA $187,990.00 $187.990.00 $234,000.00 $234,000.00 $25,900.00 $25,900.00 ARENAS ROAD
15Item No. 85 86 87 88 89 90 91 92 96 INDIAN CANYON DRIVE TWO-WAY CONVERSION AND PEDESTRIAN AND BICYCLE SAFETY ENHANCEMENTS, CITY PROJECT-CP 17-08: BID SUMMARY BID SCHEDULE A BELCO ELECNOR GROUP DESERT CONCEPT PTM GENERAL ENGINEERING QUANTITY UNIT CONSTRUCTION SERVICES INC. ITEM DESCRIPTION UNIT PR. AMOUNT UNIT PR. AMOUNT UNIT PR. AMOUNT TRAFFIC SIGNAL MODIFICATION FOR THE INTERSECTION OF INDIAN CANYON DRIVE AND LA 1 EA $104,378.00 $104,378.00 $131,000.00 $131,000.00 5159,000.00 $159,000.00 PLAZA TRAFFIC SIGNAL MODIFICATION FOR THE INTERSECTION OF INDIAN CANYON DRIVE AND 1 EA $211.703.00 $211,703.00 $275,000.00 $275,000.00 $284,000.00 $284,000.00 T AHQITZ CANYON WAY TRAFFIC SIGNAL MODIFICATION FOR THE INTERSECTION OF INDIAN CANYON DRIVE AND 1 EA 5168,425.00 s 168,425.00 5212,000.00 $212,000.00 $247,000.00 $24 7,000.00 ANDREAS ROAD TRAFFIC SIGNAL MODIFICATION FOR THE INTERSECTION OF INDIAN CANYON DRIVE AND 1 EA $197,207.00 $197,207.00 $248,000.00 $248,000.00 $223,000.00 $223,000.00 AMADO ROAD TRAFFIC SIGNAL MODIFICATION FOR THE INTERSECTION OF INDIAN CANYON DRIVE AND 1 EA $264,147.00 $264,147.00 5280,000.00 $280,000.00 $278.059.00 5278,059.00 ALEJO ROAD TRAFFIC SIGNAL MODIFICATION FOR THE INTERSECTION OF INDIAN CANYON DRIVE AND 1 EA $94,166.00 $94,166.00 $103,000.00 5103,000.00 $122.000.00 $122,000.00 TAMARISK ROAD TRAFFIC SIGNAL MODIFICATION FOR THE INTERSECTION OF INDIAN CANYON DRIVE AND 1 EA $214,724.00 5214,724.00 5285,000.00 $285,000.00 5281,447.00 5281,447.00 TACHEVAH DRIVE REMOVE EXISTING STREET LIGHTS AND REPLACE 40 EA $558.00 $22,320.00 $2,833.28 $113,331.20 $650.00 $26,000.00 WITH LED STREET LIGHTS FIELD CHANGE ORDERS 1 AL $150,000.00 $150,000.00 5150,000.00 $150,000.00 $150,000.00 $150,000.00 TOTAL= $4,464,857.00 TOTAL= $4,583,012.15 TOTAL= $4,664,997.10 1 2 3 NOTES: Cells in yellow represent calculated numbers, that do not match what was written in the bid document.
16
Attachment 3
17
AGREEMENT
(CONSTRUCTION CONTRACT)
THIS AGREEMENT made this_ day of , 20_, by.and between
the City of Palm Springs, a charter city, organized and existing in the County of Riverside,
under and by virtue of the laws of the State of California, hereinafter designated as the City,
and Elecnor Belco Electric, Inc., a California corporation, hereinafter designated as the
Contractor.
The City and the Contractor, in consideration of the mutual covenants hereinafter set forth,
agree as follows:
ARTICLE 1 --THE WORK
For and in consideration of the payments and agreements to be made and performed by
City, Contractor agrees to furnish all materials and perform all work required to complete
the Work as specified in the Contract Documents, and as generally indicated under the Bid
Schedule(s) for the Project entitled:
INDIAN CANYON DRIVE TWO-WAY CONVERSION AND
PEDESTRIAN SAFETY ENHANCEMENTS
CITY PROJECT NO. 17-08
The Work includes Indian Canyon Drive and a total of eleven (11) intersections between
Tachevah Drive and Camino Parocela in the City of Palm Springs, and includes removal
and replacement of existing sidewalks, ADA ramps, curbs, gutters, cross gutters, asphalt
pavement; removal of existing and installation of new traffic striping, signage and markings;
modification of existing traffic signals located at Tachevah Drive, Tamarisk Road, Alejo
Road, Amado Road, Andreas Road, Tahquitz Canyon Way, La Plaza, Arenas Road, Baristo
Road, Ramon Road, and Camino Parocela; and all appurtenant work as identified in the
construction drawings, specifications and Special Provisions.
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 specified in Section 6-9 of the
Special Provisions for each calendar day that expires after the time specified in Article 2,
herein. In executing the Agreement, the Contractor acknowledges it has reviewed the
provisions of the Standard Specifications, as modified herein, related to liquidated
INDIAN CANYON DRIVE
CITY PROJECT NO. 17-08
DATE June 14, 2018
AGREEMENT FOAM
AGREEMENT AND BONDS -PAGE 1
18
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.
Termination Prior to Expiration of Term. City may terminate this Agreement for its
convenience at any time, without cause, in whole or in part, upon giving Contractor forty-
five (45) days written notice. 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 reasonably determined by the City given the facts and
circumstances. Upon such notice, City shall pay Contractor for Services (inclusive of profit,
overhead and general conditions for the work completed) performed through the date of
termination in accordance with the Contract Documents; and shall reimburse Contractor for
its actual costs incurred in terminating any subcontracts, purchase orders, and any other
contracts entered into on behalf of City, together with Contractor's demobilization costs.
Upon receipt of such notice, Contractor shall promptly cease all work under this Agreement,
unless stated otherwise in the notice or by written authorization of the Contract Officer.
After such notice, Contractor shall have no further claims against the City under this
Agreement, (except costs incurred due to delays caused by City or anyone controlled by
City). Upon termination of the Agreement under this section, Contractor shall submit to the
City an invoice for work and services performed prior to the date of termination.
ARTICLE 3 --CONTRACT PRICE
The City shall pay the Contractor for the completion of the Work, in accordance with the
Contract Documents, in current funds the Contract Price(s) named in the Contractor's Bid
Proposal and Bid Schedule(s), and any duly authorized Construction Contract Change
Orders approved by the City. The amount of the initial contract award in accordance with
the Contractor's Bid Proposal is Four Million Four Hundred Sixty Four Thousand Eight
Hundred Fifty Seven Dollars and Zero Cents ($4,464,857 .00).
Contractor agrees to receive and accept the prices set forth herein, as full compensation
for furnishing all materials, performing all work, and fulfilling all obligations hereunder. Said
compensation shall cover all expenses, losses, damages, and consequences arising out
of the nature of the Work during its progress or prior to its acceptance including those for
well and faithfully completing the Work and the whole thereof in the manner and time
specified in the Contract Documents; and, also including those arising from actions of the
elements, unforeseen difficulties or obstructions encountered in the prosecution of the
Work, suspension of discontinuance of the Work, and all other unknowns or risks of any
description connected with the Work.
ARTICLE 4 --THE CONTRACT DOCUMENTS
The Contract Documents consist of the Notice Inviting Bids, Instructions to Bidders, the
prevailing rate of per diem wages as determined by the Director of the California
Department of Industrial Relations, the accepted Bid and Bid Schedule(s), List of
Subcontractors, Local Business Preference Program -Good Faith Efforts, Non-
Discrimination Certification, Non-Collusion Declaration, Bidder's General Information, Bid
Security or Bid Bond, this Agreement, Workers Compensation Certificate, Performance
Bond, Payment Bond, Standard Specifications, Special Provisions, the Drawings, Addenda
numbers 01 to 01, inclusive, and all Construction Contract Change Orders and Work
INDIAN CANYON DRIVE
CITY PROJECT NO. 17-08
DATE June 14, 2018
AGREEMENT FORM
AGREEMENTANDBONDS-PAGE2
19
Change Directives which may be delivered or issued after the Effective Date of the
Agreement and are not attached hereto.
ARTICLE 5 --MUTUAL OBLIGATIONS
For and in consideration of the payments and agreements to be made and performed by
the City, the Contractor agrees to furnish all materials and perform all work required for the
above stated project, and to fulfill all other obligations as set forth in the aforesaid Contract
Documents.
City hereby agrees to employ, and does hereby employ, Contractor to provide the
materials, complete the Work, and fulfill the obligations according to the terms and
conditions herein contained and referred to, for the Contract Price herein identified, and
hereby contracts to pay the same at the time, in the manner, and upon the conditions set
forth in the Contract Documents.
Contractor specifically acknowledges and agrees to be bound by the Wage Rates and
Labor Code requirements specified in the Contract Documents, including the requirement
to furnish electronic certified payroll records directly to the Labor Commissioner (via the
Division of Labor Standards Enforcement), and shall pay the general prevailing rate of per
diem wages as determined by the Director of the Department of Industrial Relations of the
State of California.
ARTICLE 6--PAYMENT PROCEDURES
The Contractor shall submit Applications for Payment in accordance with the Standard
Specifications as amended by the Special Provisions. Applications for Payment will be
processed by the City Engineer as provided in the Contract Documents.
ARTICLE 7 --NOTICES
Whenever any provision of the Contract Documents requires the giving of a written Notice
between the parties, 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 8 --INDEMNIFICATION
The Contractor agrees to indemnify and hold harmless the City, and all of its officers and
agents from any claims, demands, or causes of action, including related expenses,
attorney's fees, and costs, based on, arising out of, or in any way related to the Work
undertaken by the Contractor hereunder. This Article 8 incorporates the provisions of
Section 7-15 "Indemnification," of the Special Provisions, which are hereby referenced and
made a part hereof.
Prevailing Wages. Contractor agrees to fully comply with all applicable federal and state
labor laws including, without limitation California Labor Code Section 1720, et seq., and
INDIAN CANYON DRIVE
CITY PROJECT NO. 17-08
DATE June 14, 2018
AGREEMENT FORM
AGREEMENT AND BONDS -PAGE 3
20
1770, et seq., as well as California Code of Regulations, Title 8, Section 16000, et seq.
(
11 Prevailing Wage Laws"). Contractor shall bear all risks of payment or non-payment of
prevailing wages under California law, and Contractor hereby agrees to defend,
indemnify, and hold the City, its officials, officers, employees, agents and volunteers, free
and harmless from any claim or liability arising out of any failure or alleged failure to
comply with the Prevailing Wage Laws.
ARTICLE 9--NON-DISCRIMINATION
In connection with its performance under this Agreement, Contractor shall not discriminate
against any employee or applicant for employment because of actual or perceived race,
religion, color, sex, age, marital status, ancestry, national origin (i.e., place of origin,
immigration status, cultural or linguistic characteristics, or ethnicity), sexual orientation,
gender identity, gender expression, physical or mental disability, or medical condition (each
a "prohibited basis"). Contractor shall ensure that applicants are employed, and that
employees are treated during their employment, without regard to any prohibited basis. As
a condition precedent to City's lawful capacity to enter this Agreement, and in executing
this Agreement, Contractor certifies that its actions and omissions hereunder shall not
incorporate any discrimination arising from or related to any prohibited basis in any
Contractor activity, including but not limited to the following: employment, upgrading,
demotion or transfer; recruitment or recruitment advertising; layoff or termination; rates of
pay or other forms of compensation; and selection for training, including apprenticeship;
and further, that Contractor is in full compliance with the provisions of Palm Springs
Municipal Code Section 7.09.040, including without limitation the provision of benefits,
relating to non-discrimination in city contracting.
ARTICLE 10 --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 p·arty 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.
INDIAN CANYON DRIVE
CITY PROJECT NO. 17-08
DATE June 14, 2018
SIGNATURES ON NEXT PAGE
AGREEMENT FORM
AGREEMENT AND BONDS -PAGE 4
21
IN WITNESS WHEREOF, the City and the Contractor have caused this Agreement to be
executed the day and year first above written.
CITY OF PALM SPRINGS,
CALIFORNIA
By ________________________ __
ATTEST:
David H. Ready
City Manager
By ________________________ __
Anthony J. Mejia, MMC
City Clerk
APPROVED AS TO FORM:
By ________________________ __
Edward Z. Kotkin
City Attorney
RECOMMENDED:
By _______________ __
Marcus L. Fuller, P.E., P.L.S.
Assistant City Manager/City Engineer
INDIAN CANYON DRIVE
CITY PROJECT NO. 17-08
DATE June 14, 2018
APPROVED BY THE CITY COUNCIL:
Date --------
Agreement No. _____ _
AGREEMENT FORM
AGREEMENT AND BONDS -PAGE 5
22
CONTRACTOR
By: Elecnor Belco Electric, Inc., a California corporation
Firm/Company Name
By: By: _____________ _
Signature (notarized) Signature (notarized)
Name: ______________ _ Name: _______________ _
Title: _______________ _ Title: _______________ _
A notary public or other officer completing this certificate verifies only the identity of the individual who
signed the document to which this certificate is attached, and not the truthfulness, accuracy or validity of
that document.
(This Agreement must be signed in the above
space by one having authority to bind the
Contractor to the terms of the Agreement.)
State of --------'-
County of _______ ---~..ss
On _______________ _
before me,--------------
personally appeared ----------
who proved to me on the basis of satisfactory
evidence to be the person(s) whose name(s) is/are
subscribed to the within instrument and
acknowledged to me that he/she/they executed the
same in his/her/their authorized capacity(ies), and
that by his/her/their signatures(s) on the instrument
the person(s), or the entity upon behalf of which the
person(s) acted, executed the instrument.
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:
INDIAN CANYON DRIVE
CITY PROJECT NO. 17-08
DATE June 14, 2018
(This Agreement must be signed in the above space
by one having authority to bind the Contractor to the
terms of the Agreement.)
State of --------'-
County of _______ ---~..ss
On ________________ _
before me,--------------
personally appeared -----------
who proved to me on the basis of satisfactory
evidence to be the person(s) whose name(s) is/are
subscribed to the within instrument and
acknowledged to me that he/she/they executed the
same in his/her/their authorized capacity(ies), and
that by his/her/their signatures(s) on the instrument
the person(s), or the entity upon behalf of which the
person(s) acted, executed the instrument.
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:
AGREEMENT FORM
AGREEMENT AND BONDS -PAGE 6