HomeMy WebLinkAbout5/2/2018 - STAFF REPORTS - 1B EQALMs
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cg41FORe`P CITY COUNCIL STAFF REPORT
DATE: May 2, 2018 CONSENT AGENDA
SUBJECT: APPROVE THE PURCHASE AND INSTALLATION OF NEW CARPET
TILES FOR AIRPORT MAIN TERMINAL BAGGAGE CLAIM AREA
FROM: David H. Ready, City Manager
BY: Palm Springs International Airport
SUMMARY
The City Council will consider awarding the purchase and installation of new carpet tiles
and attic stock for the Airport's main terminal baggage claim area.
RECOMMENDATION:
1. Approve the purchase and installation of new carpet tiles and additional "attic
stock" for the Airport's main terminal baggage claim area, as per the
specifications in Invitation for Bids (IFB) 18-04, to Del's Flooring Contractors Inc.
of Palm Desert, CA, in the total amount of $139,340.36.
2. Authorize the City Manager to execute necessary documents, including
Purchase Order.
STAFF ANALYSIS:
The main terminal baggage claim area at Palm Springs International Airport, which is all
carpeted and approximately five to seven years old, has become worn to the point
where it does not provide the professional appearance the airport strives to achieve for
the passengers. Consistent with the airport's carpet maintenance practices, staff has
identified approximately 2,100 square yards of adhesive carpet tiles that require
replacement in order to regain a high caliber of appearance and prevent odor issues
that can be associated with worn carpet. The area being replaced begins in the
terminal's center lobby and extends north through the corridor in front of the rest rooms
and through the entire baggage claim area. The carpet tiles being replaced will be of the
same brand, design, and color as the original carpet tiles that were previously installed.
The City's Procurement Department worked closely with the Airport Staff to develop
ITEM NO.!=
City Council Staff Report
May 2, 2018 -- Page 2
Purchase and Installation of New Carpet Tiles
For Airport Main Terminal Baggage Claim Area
specifications for the replacement of the existing carpet, including professional
installation, and conducted a formal solicitation through IFB 18-04. The bid was publicly
advertised, posted to the City's website and notices distributed to interested vendors.
The City received two bids in response to the solicitation. Staff recommends the award
of the purchase and installation for the carpet to Del's Flooring Contractors, which is
locally based in Palm Desert, CA at the base bid cost of $129,335.24, plus the "attic
stock" discussed below.
Vendor Price Quote
Del's Flooring Contractors $129,335.24
Kenaston Flooring $162,511.00
Included in this base bid amount IFB 18-04 was the option for the Airport to acquire 200
extra square yards of carpet tiles for "attic stock" to replace severely stained or
damaged carpet as necessary. The additional "attic stock" at the base unit price of
$45.79 per SQ. YD. (including sales tax) amounts to $10,005.12 bringing the grand total
authorized award by City Council to $139,340.36.
BUSINESS DISCLOSURE:
Mr. Jay Bernardi, President, is the sole 100% owner of Del's Flooring Contractors Inc.,
of Palm Desert, CA and there are no underlying companies associated with them.
In addition, as noted on Attachment "A" of their bid attached, Del's Flooring Contractors
certifies that it meets the City of Palm Springs Non-Discrimination and Equal Benefits
Requirements.
FISCAL IMPACT:
There are funds available and budgeted in account 416-6501-56174.
Thomas o an
Executive Director, Airport
David H. Ready, Esq,
City Manager
Attachment:
1) Del's Flooring Contractor's Bid
02
ATTACHMENT"A"
IFS 18-04 AIRPORT BAGGAGE CLAIM AREA RE-CARPETING PROJECT
'NOTE: THIS FORM MUST BE COMPLETED AND INCLUDED WITH YOUR BID*
SIGNATURE AUTHORIZATION
NAME OF COMPANY t k
(PROPOSER): ba-G �1-C�12 G-t C l -�cGT�RS,3T�G .
BUSINESS ADDRESS: ^21�
`TT AL_M TEE �IR-T, Cf� �2211
TELEPHONE: I00—�J '� 7CELL: FAX:_3�gO—FJIDe>- -TACO
CONTACT
PERSON: t&
EMAIL: _ �J1d� laerl►ir� C�SY1r1
A. I hereby certify that I have the authority to submit this Bid to the City of Palm Springs for the
above listed individual or company. I certify that I have the authority to bind myself/this company
in a contract should I be successful in my bid.
A UAZt5k
PR ED AM TLC
�IGACATUFZe=AND DATE
B. The following in ation relates to the legal contractor listed above, whether an individual or a
company. Place check marks as appropriate:
1. If successful,the contract language should refer to me/my company as:
An individual;
A partnership, Partners' names:
A company,
—xA corporation If a corporation, organized in the state of: OAt.4FOakAt
Please check below IF your firm qualifies as a Local Business as defined in the RFP:
_X A Local Business (Licensed within the jurisdiction of the Coachella Valley).
Copy of current business license is required to be attached to this document.
15 03
Please check below whichever applies:
Yes, our company certifies that it meets the Non-Discrimination and Equal Benefits
requirements as provided herein.
No, our company does not meet the Non-Discrimination and Equal Benefits requirements as
provided herein.
2. My tax identification number is: (D 5
ADDENDA ACKNOWLEDGMENT:
Acknowledgment of Receipt of any Addenda issued by the City for this IFB is required by including the
acknowledgment with your bid. Failure to acknowledge the Addenda issued may result in your bid being
deemed non-responsive.
In the space provid low, please acknowledge receipt of each Addendum:
Addendum(s) # blot~ Islare hereby acknowledged.
LATE BIDS WILL NOT BE ACCEPTED - NO EXCEPTIONS!
16
04
U.
p r.LA
INVITATION FOR BID
. 1
FOR
(� ..4. AIRPORT BAGGAGE CLAIM AREA RE-CARPETING PROJECT
(18-04)
ADDENDUM NO. 1
This Addendum is being issued for the following changes and informational items:
THIS ADDENDUM SHALL TAKE PRECEDENCE OVER ANYTHING CONTRARY ON
THE PREVIOUSLY ISSUED SPECIFICATIONS AND INSTRUCTIONS AND SHALL BE
REFERRED TO HEREINAFTER AS PART OF THE CONTRACT DOCUMENTS.
The City has received the following questions and is hereby providing answers
thereto:
Q 1: Who is the Tandus Rep for the carpet to for Palm Springs and contact
information?
A 1: Dan Spears 714-812-6696
Q 2: Is there a secure location to hold palletized boxed carpet squares?
A 2: There is no secured location that the Airport will be providing however
there will be a location designated to leave palletized boxed carpet squares
inside and within the designated work area.
Q 3: Where is the location that a dumpster may be placed for removal of existing
carpet being replaced?
A 3: The Airport will coordinate with the awarded vendor the most appropriate
location for accessibility to place a dumpster for discarded materials.
BY ORDER OF THE CITY OF PALM SPRINGS, CALIFORNIA
X4469
Procurement Specialist II
DATE: March 22, 2018
ADDENDUM ACKNOWLEDGMENT:
Proposer Firm Name: -b�5 *�
Authorized Signature: Dater /ZZ/�
Acknowledgment of R pt of XdpMu required by signing' and .including the
acknowledgment with yo r Bi ailure to acknowledge this Addendum may result in your Bid
being deemed non-responsive.
05
BID SCHEDULEIPRICING PAGES(IFS 18.04)
AIRPORT BAGGAGE CLAIM AREA RE-CARPETING PROJECT
DUE: THURSDAY, APRIL 12 2018 AT 3.00 P.M. LOCAL TIME
Bidders' signed bid and written acceptance by the City shall constitute an agreement and has hereby
agreed to all the terms and conditions set forth in all of the sheets which make up this invitation.
All prices shall be F.O.B. Airport Operations, Palm Springs, California. Sales tax shall be shown
as a separate line item at the rate of 9.25%.
Responding to an Invitation For Bids to provide carpet installation at the Palm Springs International
Airport Baggage Claim Area, the undersigned bidder agrees to furnish and deliver material in accordance
with the specifications herein. INVE propose and agree to furnish, deliver and install the material and
accept as full payment the following amount:
Carpet Installation:
The City is providing estimated measurements for bid process. Actual material to be verified by
field measurement of winning Bidder prior to material order and installation. City to vet material
and pay only Installed and allowances based on per Square Yard bid.
Baggage Claim Area: (1 square= 1 sq. yd.) Total:
2100 Squares X $ 1,0� Per/S .YD Material =
2100 Squares X $_ q1500D Per/SO.YD (Install Labor) _ $ 1 c I &j(p 60
520LF .0804" Base Cove X $ Per/LF(Material)_ $ Co (00 _
520LF .080 4" Base Cove X $ .Rk Per/L (Labor) (3o
860LF .080 6" Base Cove X $ 1 .eAPer/LF(Material)= $
860LF .080 6" Base Cove X $ 1 A', Per/LF (Labor)_ $ 1 2 l Z (pD
California Carpet Stewardship Program Fees S Gj� ,pp
"NOTE: The City win purchase approximately 200 squares of carpet tiles for attic stock in addition to total sq.yds. installed.
Tax (9.25%on material only) $ 9 1 oq+•$4�-
Grand Total $J,Zq, �v35.24
(Based on approximately 2100 sq.yds.of glue down carpet;INCLUDING ALL APPLICABLE TAXES)
Delivery/Schedule for Performance: The bidder must indicate on this Bid Proposal page the time
required for delivery and installation, in number of calendar days, after receipt of order (ARO). Delivery
may be a factor in award of bid and may be cause for rejection, as determined by the City. The work
and/or services to be performed by Vendor pursuant to the purchase order shall be completed by Vendor
within time required for delivery indicated below, unless City approves in writing a revised delivery
schedule.
Delivery/ Installation Time: Indicate time in calendar days, required for lead time, delivery and
install after receipt of order(ARO): U 3 DAYS (ARO) `Delivery maybe a factor In award
17
0G
It is understood and agreed that this bid may not be withdrawn for a period of ninety(90)days from the
date of opening thereof, and at no time In the case of the Successful Bidder.
CHECK IF THE FOLLOWING STATEMENT APPLIES:
X My firm/company is a Local Business (Licensed within the jurisdiction of the Coachella Valley).
COAV_of current business license is required to be attached"is document
(Signatures): i
Name of firm submitting bid O 0 rim 1 ,
Authorized signature ��~
Printed name Title_ Cz� =�
Address ztW
City, State,Zip�?AtA� T t CA q22-A E
Telephone No:-:%D—56B—MoD Fax No: 7ztw-66S"4coav
E-mail Ja Crl Ca✓�
1B
07
G I I Y 0 f P I L M 0 E S E R 1 License Number: 2016-013442
73-510 Fred Waring Drive Expiration Date. 01/31/19 'a
Palm Desert, CA 92260
760.346.0611 i
BUSINESS LICENSE =,
BUSINESS NAME: �.
DEL'S FLOORING CONTRACTORS INC
CERTIFICATE
BUSINESS LOCATION:
r� 42120 STATE ST NOT TRANSFERABLE '?
PALM DESERT, CA 92211
C15 FLOORING
BUSINESS OWNER:
r DEL'S FLOORING CONTRACTORS INC
42120 STATE ST
j�
PALM DESERT, CA 92211 The rcrty shoyrn is granted thiscart@cote p•-nur.r is i'cense ^
Ord Perrot Provisions of the Mvnicipa-Ccde, Ts Is ,o!cn
endonemenl of the achy ty.nor certAca'Icn of complarce
6A—•.n' �� S `�A1" WK1 �� 7{m/yV lrFs � WCw A...�.?'.-i _ a ��, Y ! •:.�
`y11.� 1,� !'��V�,: 'l 4 t/ SVi#N I �._YarY +n l W 1N slY hl•.J�Y .:.0 .�.. •Oy"v
iD•$
CITY OF PALM SPRINGS BUSINESS LIUENSL+'
3200 E TAHQUITZ CANYON WAY, PALM SPRINGS, CA 92262(760)323-8289
PLEASE NOTE THAT IT IS YOUR RESPONSIBILITY TO RENEW AND UPDATE THIS LICENSE ANNUALLY.
BUSINESS NUMBER: 00013794 EXPIRATION TAX/ADMIN. FEE CERT NO
BUSINESS TYPE: FLOOR COVERING SALES 43 3112019 4.00
00 55291
OWNER NAME: BERNARDI,ADELBERT L 699
0331/2019 133.00 5699
BUSINESS NAME: D F C
BUSINESS ADDRESS: 42120 STATE STREET
PALM DBSBRT,CA 92211
D F C ISSUANCE OF THIS LICENSE DOES NOT ENITIU
42120 STATE ST THE LICENSEE TO OPERATE OR MAINTAIN A
BUS HM IN VIOLATION OF ANY OTHER LAW
PALM DESERT CA 92211 OR ORDINANCE. THIS IS NOT AN E,NDORSBMFW
OF TILE ACTIVITY NOR OF THE APPLICANT'S
QUALBPICATIONS.
MUST BE POSTED IN A CONSPICUOUS PLACE
09
"EXHIBIT A"
REFERENCES
The City is seeking a qualified contractor who has the required license, certifications, experience and
capability to replacement all carpet within the baggage claim area located in the main terminal at the
Palm Springs International Airport as per the scope of work and specifications contained herein. A
minimum of three (3) references shall be submitted below with the bid, including contact name and
phone number, for projects of a similar scope to this Invitation for Bids.
1) Name of contractor or agency: T" d�AMCE� L-X4YvJD SC.Nz5VZ�1lZ-Z-T"
Contact Person:Rb�a _ Phone# "`T-TW^ D
Brief description of project: --rMV-)M AJCE&1 4 ZA ► 1
� l
Act J 1n/1 6laT ~f' �'
2) Name of contractor or agency: RwA ODDS-T-?z uc'-tr�
Contact Person: O V�i`1 QJ�jF, L 1 Phone# LPCD+'Z�E1-40Z3O
Brief description of project:
2- O
3) Name of contractor or age``n��c��y: � Q
Contact Person:-TPrYL 6 Phone# ZI4
Brief description of project:ThtYA 4493� �5 UkIaF� � C&AQY—
Q '1acr�tps►.tS .Ati2 1x�1�L1amn �w_� �
19
10
"EXHIBIT B"
CITY OF PALM SPRINGS, CALIFORNIA INVITATION FOR BIDS NO. 18.04
AIRPORT BAGGAGE CLAIM AREA RECARPETING PROJECT
AFFIDAVIT OF NON-COLLUSION
STATE OF CALIFORNIA )
) SS
COUNTY OF RIVERSIDE )
The undersigned, being fist duly swum, deposes and says that he or she is eS c(p,v
ofi�eC5 ELWA1A&9 Afk;T• 1 L the party making the foregoing bid. fThat the bid is not
made in the interesteof, or on the behalf of, any undisclosed person, partnership company, association,
organization, or corporation; that the bid is genuine and not collusive or sham; that the bidder has not
directly or indirectly induced or solicited any other bidder to put In a false or sham bid, and has not
directly or indirectly colluded, conspired, connived, or agreed with any bidder or anyone else to put in a
sham bid, or that anyone shall refrain from bidding; that the bidder has not in any manner, directly or
Indirectly, sought by agreement, communication, or conference with anyone to fix the bid price of the
bidder or any other bidder, or to fix any overhead, profit, or cost element of the bid price, or of that of any
other bidder, or to secure any advantage against the public body awarding the contract of anyone
Interested in the proposed contract; that all statements contained in the bid are true; and, further, that the
bidder has not, directly or Indirectly, submitted his or her bid price or any breakdown thereof, or the
contents thereof, or divulged information or data relative thereof, or paid, and will not pay, any fee to any
corporation, partnership, company, association, organization, bid depository, or any other member or
agent thereof to effectuate a collusive or sh3jrn bid.
r
s _
Subscribed and swom to before me this l Z day of nr.L 20.1 .
Notary Public in and for said
County and State
FIDAVI.FRM
20 11
JUMT
A notary public or other officer completing this certificate
verifies only the identity of the individual who signed the
document to which this certificate is attached,and not the
truthfulness,accuracy,or validity of that document.
State of California
County of_RIVERSIDE
Subscribed and sworn to (or affirmed) before me on
this 12TH day of APRIL , 20 16
by ***ADELBERT JAY BERNARDI ***
proved to me on the basis of satisfactory evidence to be the person(s) who
appeared before me.
------- - - - - - - - - - - -
EL MSCBW.7E
IJ/1 Jf�'1 C�OMn•2M471
--� k�4@My
Moldy Pub&meWde bwq
Signature , au
nlmaa.c,a.a Comm,E+kn9114.2018
(Seal)
i2
BIDDER'S GENERAL INFORMATION
AIRPORT BAGGAGE CLAIM AREA RE-CARPETING PROJECT
IFB 1s-04
The Bidder shall furnish the following information. Failure to complete all Items will cause the Bid
to be non-responsive and may cause its rejection.
1. BIDDER/CONTRACTOR'S Name and Street Address:
2. CONTRACTOR'S Telephone Number. (-ftoO) 5(0(3 —CD-"-%)( C)
Facsimile Number:
E-mail:
3. CONTRACTOR'S License: Primary Classification C'15 c"�
State License Number(s) 6 'gc��J40
Supplemental License Classifications 4. Surety Company and Agent who will provide the required Bonds on this Contract:
Name of Surety V-t-KI&JkC �c7( f �VSLtPGt✓ s
Address \1J 1 _ V-ALW1U5 SUM A-2-j` _
CF SZbc�u1✓�r4k I G4r Cl2JOZ p
Surety Company Uu-��G2-LN'E-5 'FEE=:K LC NP.1M�`YN
Telephone Numbers: Agent(Jj�) Surety(61'15 L04000
5. Type of Contractor(Individual, Partnership or Corporation): C - -
6. Corporation organized under the laws of the State of:
7. List the names and addresses of the principal members of the contractor or names
and titles of the principal officers of the corporation or contractor.
A
21
13
BIDDER'S GENERAL_ INFORMATION (Continued)
8. Number of years experience as a contractor in this specific type of work: Z 1+
9. List the name and title of the person who will supervise full-time the proposed work for this
project: LL=5 G-►. Lx?zl e
10. Is full-time supervisor an employee X contract service 7
11. A financial statement or other information and references sufficiently comprehensive to
permit an appraisal of your current financial condition may be required by the City.
'WAIVED'
22
1 �
i
CITY OF PALM SPRINGS, CALIFORNIA
IFB 18.04 AIRPORT BAGGAGE CLAIM AREA RE-CARPETING PROJECT
BID BOND FORM
KNOW ALL MEN BY THESE PRESENTS,
That Del's Flooring Contractors. Inc. as Principal,and
United States Fire Insurance Company as Surety, are held and contractually
bound unto The City of Palm Springs, hereinafter called the"City"in the sum of:
Ten Percent of bid amount (10.0% of bid) dollars
(not less than 10 percent of the total amount of the bid)
for the payment of which sum, well and truly to be made, we bind ourselves, our hells, executors,
administrators,successors, and assigns,jointly and severally, contractually by these presents.
WHEREAS, said Principal has submitted a bid to said City to perform the Work required under the
bidding schedule of(he City's Contract Documents entitled:
AIRPORT BAGGAGE CLAIM AREA RE-CARPETING PROJECT
NOW THEREFORE, if said Principal Is awarded a contract by said City, and, within the time and In the
manner required in the "Notice Inviting Bids" and the "Instructions to Bidders" enters Into a written
Agreement on the form of agreement bound with said Contract Documents, fumishes the required
Certificates of Insurance, and furnishes (he required Performance Bond and Payment Bond, then this
obligation shall be null and void, otherwise it shall remain In full force and effect. In the event suit Is
brought upon this bond by said City and City prevails, said Surety shall pay all costs incurred by said City
In such suit, including a reasonable attorney's fee to be fixed by the court.
SIGNED AND SEALED, this 10th day of April .2018
Del's Flo rwAws, Inc. (SEAL)
(SEAL)
= (SEAL)
(Principal)
United States Fire Insurance Company (SEAL)
(Surety)
Signature)
(SEAL AND NOTARIAL By: Vanessa Copeland,Attomey-in-Fact
ACKNOWLEDGMENT OF SURETY) (Signature)
23
15
ACKNOWLEDGMENT
A notary public or other officer completing this certificate
verifies only the identity of the individual who signed the
document to which this certificate is attached,and not the
truthfulness,accuracy,or validity of that document.
State of California
County of Riverside
On before me, Elvira Schulte, Notary Public
(here insert name and tide of the officer)
personally appeared •••ADELBERT JAY BERNARDI ••'
1
who proved to me on the basis of satisfactory evidence to be the person(w whose name(W
is/rate subscribed to the within instrument and acknowledged to me that he/ske/tWy
executed the same in his/hleirltt*ir authorized capacity(i4c), and that by his/lur/thodr
signature(%) on the instrument the person(g), or the entity upon behalf of which the
person(%) 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. NNVZM471
wourrow-ca"I"
BMn10s(,baM2
��yyI 61 cam Mes A 14.2012
Signature
(Seal)
16
CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT CIVIL CODE 1189
A notai) public or other officer completing this certificate-scrifics only the identity of the individual who signed the
document to which this certificate is attached and not the truthfulness,accurnev,or validity of that document.
State of California
County of Orange-
On a, r 0- __before me, Melissa Christrier Notary Public,
personally appeared Vanessa Copeland
Natue(s)of Signer(s)
who proved to me on the basis of satisfactory evidence to be the person(s) whose name(er) islarc subscribed to the
within instrument and acknowledged to me that hr/she/thley executed the same in hisilier/their authorized
capacity(ics), and that by histherlthtir signature(&) 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
MELISSA CHR STNER laws of the State of California that the foregoing
Notary Public-Cal(orn a paragraph is true and correct.
Orange County
lCommission d 2229614 wmycomm Sxoiresjar27 zjj WITNESS my hand Id of�l seal.
Signature:'
t-ligrizinti:of Nulary_Trubl ii:
Plan:Notary Scal Ahov,:
OPTIONAL
Though the information bcio%% is not required by lavi,it may prove valuable io persons retying on die document
and could present fraudulent and reattachment or this form to another document.
Description of Attached Document
Type or Title of Document:
Document Date. Number of Pages:
Signer(s) Other Than Named Above:
Capacity(ics) Claimed by Signer(s) Capacity(ies)Claimed by Signers)
Signer's Name: Vanessa Copeland Signer's Name:
C] Individual E) Individual
❑ Corporate Officer -Title(s). 0 Corporate Officer-Title(s)�
❑ Partner: OLimited []General 0 Partner: OLimited 0 General
Attorney in Fact 0 Attomev in Fact
0 Trustee El Trustee
El Guardian or Conservator El Guardian or Conservator
El Other: 0 Other:
Signer Is Representing: Signer Is Representing:
17
s PONVEit OF A170RN EY
UNI I'EDSTATES FIRE INSURANCL•:COMPANY
PRINCIPAL OFFICE-MORRISTOWN,NE11',IF-RSEY
0141164117318
KN011"ALI,AIEN BI'TIIESE PRESENTS:Tbat United Stales lire Insumnce Company,a corporation duly organized and existing under the laws of the
state of Delaware,Itas made,constituted and appointed.and does hereby make,constitute and appoint:
Eric Lowey,Alark Richardson,Shaun Blume. Vanesso Copeland.Ker in Calhcarl
each.its true and lawful Attomcy(s)-In-Fact,with full power and authority hereby conferred in its name,place and stead,to execute,acknowledge and deliver:
Any and all bonds and undertakings of surety and other documents that dte ordinary course of surety business may require. and to bind United States Fire'
Insurance Compam thereby as fully and to the same extent as if such bonds or undertakings had been duly executed:uad acknowledged by the regularly elected
offnccrs of United States Pire Insurance Company at its principal office, in amounts or penalties not exceeding: Seven Million, Five hundred-Thousand
Dollars(S7,500,11)INI►.
Ibis Power of Attorney limits the act of those named therein it) the bonds and undertakings specifically named(herein, and they have no authority to bind
United Snucs rire insurance Company except in the manner aril to the extent therein stated.
this Power of Attorney revokes all previous Powers of Attorney issued on behalf of the Allomeys-In-Pact named above and expires on January 31,2019.
Ibis Power of Attomc) is granted pursuant to Article IV of the By-Laws of United States Fire Insurance Company as now in full force and effect, and
consistent with Article III thereof.which Articles provide,in pertinent part:
Article IV, Execution of Instruments-Except as the Board of Directors may authorize by resolution,the Chairman of the Board, President.
any Vice-President,any Assistant Vice President.the Sectehvy,or any Assistant Secretary shall have power on behalf orlhe Corporation:
(a) to execute,affte the corporate seal manually or by Gesimile to,acknowledge,verify and deliver any contracts.obligations, instruments
and documents %whatsoever in connection with its business including, without limiting the foregoing, any bonds, guarantees, undertakings,
recognizances. powers of attorney or revocations of any powers of attorney, stipulations, policies of insurance, deeds, leases. mortgages,
releases,satisfactions and agency agreements,
(b) to appoint,in writing,one or more persons for any or all of the purposes mentioned in the preceding paragraph(a),including affixing the
seal of the Corporation.
Article III, Oflicers, Section 3.1 I, Facsimile Signatures. 'llrc signature of any officer auhhorizLd by the Corporation to sign any bonds,
guarantees, undertakings,recognirmtts,stipulations,powers of attorney or revocations of any powers of attorney and policies of insurance
issued by the Corporation may be printed, facsimile, lithographed or otherwise produced. In addition, if and as authorized by the Board of
Directors, dividend warrants or checks. or other numerous instruments similar to one another in form, may be signed by the facsimile
signature or signatures, lithographed or otherwise produced, of such officer or officers of the Corporation as from time to tirnw may IX-
authorized to sign such instruments on behalf of the Corporation. The Corporation may continue to use for the purposes herein stand the
facsimile signature of any person or persons who shall have been such officer or ofrccrs of the Corporation,notwithstanding the fact that he
may haute ceased to be such at the time when such instruments shall be issued.
IN WITNESS WHEREOF. United Stales Fire Insurance Company has caused thew presents to be signed and attested by its appropriate olficer and its
corporate seal hereunto affixed this 10i°day of March,2016.
CNITEDSTATFcsIRt:INSI R.wrECO%IPAN1
Anthony R.Slimowicz,Senior Vice President
Stale of New Jersey)
County of Morris )
On this Id" day of March 2016, before me, a Notary public of the Stale of New Jeruy, came the above named officer of United States fire Insurance
Company,to me personally known to be the individual and officer described herein,and acknowledged that ht:executed the foregoing instrument and affixed
the soil of United States Fire Insurance Company thereto by the authority of his office. ��
SONIA SCAL1 _ _- . _/ 6L.
NOTARYPUllLICOF•NER'AERSEl' Sonia Scala (Nolan Public)
NIV COMMISSION E\PIRF.S&2t1,2019
1,the undersilmed officer of United States Fire Insurance Company.a Delaware corporation,da hercbv certify that the original Power of Attorney of which the
foregoing is a full,Iruc and correct copy is still in force and effect and has not been revoked.
IN W ITNESSWI IEREOF,I have hereunto set my hand and affixed the corporate seal of United states Fire Insurance Company on thdo'hday ofAprit 2018
1 NITED STATES FIRE INSURANCE CO.IIPANI
i
__
8
W AI riglu.Senior Vice President ^
WORKER'S COMPENSATION CERTIFICATE
(AS REQUIRED BY SECTION 1861
OF THE CALIFORNIA LABOR CODE)
I am aware of the provisions of Section 3700 of the California Labor Code,which require every employer to
be insured against liability for workers compensation,or to undertake self-insurance in accordance with the
provisions of said Code, and I will comply with such provisions before commencing the performance of the
Work of this Contract.
Contractor
By
Title
19
California Department of Industrial Relations-Contact DIR hitps:::efiling.dir.ca.gov,'PWCR Search.action
ItOr �Lallupl rn10i�1uik1
Labor Cal/OSHA-Safety Workers' Self Apprenticeship D'rectel Boards
Law &Health Comp Insurance Office
Pulahc Woks Public Works Contractor lPWC1 Registration Search
Public Works Contractor (P'WC) Registration Search
Ersar al hall ppd search criteria to display registered public works rxNracloris)matching yeti selections,
Nob:Search results wle display all of ths public works contractor registratkrm,both cumil and expired.
Make sure Ins properregistratlon Mull year Is selected when parforevi a search.
Registration Fiscal Year 7/112017.alwaOta
PWC Registration Number. ,... -. .. P'
Contractor Legal Name: , :aOr7 ':„1PANv
License Number 488540 Contractor License Lookup
County: RIVERSIDE
1000008727 Contractor Details
_W • r :"o, „ Legal Entity Information Workers'Compensation
Legal Name Legal Entity Type
DEL FLOORING CONTRACTOR'S CORPORATION
Trade Name
DEL's FLOORING CONTRACTORS
License Number($)
CSLB:486540
Mailing Address
42120 STATE STREET
PALM DESERT,CA 92211
Physical Address
42120 STATE STREET
PALM DESERT,CA 92211
Email Address
CAROLODELSFLOORING.COM
Disab oty Accommodation Standard Browser Usability Features .SRe Help I
Gepr.en[010t19sr NGNer,q
24
of 1 4'12:2018,4:13 PM
= CONTRACTORS STATE LICENSE BOARD -
Contractor's License Detail for License # 486540
DISCLAIMER:A license status check provides information taken from the CSLB license database.Before relying on this
information,you should be aware of the following limitations.
CSLB complaint disclosure Is restricted bylaw(B8P 7t24 6)r this entity to subject to pub$c complaint disclosure,a link for complaint discfosure wig appear below.Click on
the link or button to obtain complaint and/or legal action Information.
Per B&P 7071.17,only construction related civil judgments reported to the CSLB are disclosed
Arbilralions are not listed unless the conirmlor fads to comply with the terms of the arbitration
Due to workload,there may be relevant information that has not yet peen entered onto the Board a license database.
Data current as of 4/12/2018 3:49:00 PM
Business Information
DEUS FLOORING CONTRACTORS INC
42120 STATE ST
PALM DESERT,CA 92211
Business Phone Number:(760) 568-0060
Entity Corporation
Issue Date 02/0 411 9 8 6
Reissue Date 1 1 2611 9 9 7
Expire Date 11/3012019
License Status
This license is current and active.
All information below should be reviewed.
Classifications
C15-FLOORING AND FLOOR COVERING
C64-TILE(CERAMIC AND MOSAIC)
Bonding Information
Contractor's Bond
This license filed a Contractor's Bond with DEVELOPERS SURETY AND INDEMNITY COMPANY.
Bond Number:254592C
Bond Amount:$15,000
Effective Date: 01/01/2016
Contractor's Bond History
Bond of Qualifying Individual
The qualifying individual ADELBERT JAY BERNARDI certified that he/she owns 10 percent or more of the voting
stock/membership interest of this company;therefore,the Bond of Qualifying Individual is not required.
Effective Date:03MS2012
BQI's Bond History
Workers'Compensation
21
This license has workers compensation insurance with the INSURANCE COMPANY OF THE WEST
Policy Number:WSD6024447
Effective Date:08/31/2013
Expire Date:08/31/2018
Workers'Compensation History
Miscellaneous Information
11/26/1997-LICENSE REISSUED TO ANOTHER ENTITY
Other
Personnel listed on this license(current or disassociated)are listed on other licenses.
22
Leigh Gileno
From: Jay Bernardi <jay@delsflooring.com>
Sent: Friday,April 13, 2018 9:08 AM
To: Leigh Gileno
Subject: RE:Busniess Princical Disclosure information
Good Morning Leigh,
With regard to your request below I am the sole 100%owner of Dels Flooring Contractors Inc.There are NO
underlying companies it is an S-Corp.We have been in business here since 1997.
Should you need anything further please let me know
�a0 �.P/2JZCG2lLl-
T '
Dels Flooring Contractors Inc
42120 State St.
Palm Desert CA 92211
Ph:760-568.0060 x202
Jay delsilooring.com
www`delsfloorin .com
From: Leigh Gileno<Leigh.Gileno@palmspringsca.gov>
Sent:Thursday,April 12, 2018 4:42 PM
To: 'jay@delsflooring.com'<jay@delsflooring.com>
Subject: Busniess Princical Disclosure information
Importance:High
Good Aftemoon Mr. Bernardi,
Your company is being recommended for award of the Palm Springs Airport Baggage Claim Re-
Carpeting Project. In preparation of our documents to be sent to the Council for approval and award,
the City now requires all companies to provide a Business Principal Disclosure documentation (See
required information below):
"BUSINESS PRINCIPAL DISCLOSURE"
It is a requirement of the City of Palm Springs that you provide the corporate structure, including
any underlying LLC's or corporations, and a list of ownership interests (by individual or entity) with
anyone having $2,000 or more financial interest in the business entity. Please provide via return
email as soon as possible. You may attach a pdf file if necessary.
Should you have any questions please let me know.
23
Sincerely,
x9a Cj&xo
Procurement Specialist Il
P4\it1 147 r111
CAUFORNIA
Office I IOU rs NAM f.MM
Monday nlul-4-ty
P(7G0)322 8374 r(760)323 8298
24
CONTRACT SERVICES AGREEMENT
(name of services and firm for agreement)
THIS AGREEMENT FOR CONTRACT SERVICES ("Agreement") is made and entered into on
, 201_, by and between the City of Palm Springs, a California charter city and municipal
corporation ("City"), and , a , ("Contractor"). City and Contractor are
individually referred to as"Party" and are collectively referred to as the"Parties".
RECITALS
A. City requires the services of a for
, ("Project').
B. Contractor has submitted to City a proposal to provide to City
under the terms of this Agreement.
C. Based on its experience, education, training, and reputation, Contractor is qualified and
desires to provide the necessary services to City for the Project.
D. City desires to retain the services of Contractor for the Project.
In consideration of these promises and mutual agreements, City agrees 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 by reference (the"services"or
"work"). Exhibit "A" includes the agreed upon schedule of performance and the schedule of fees.
Contractor warrants that all services and work shall be performed in a competent, professional, and
satisfactory manner consistent with prevailing industry standards. In the event of any inconsistency
between the terms contained in the Scope of Services/Work and the terms set forth in this Agreement, the
terms set forth in this Agreement shall govern.
1.2 Compliance with Law. Contractor 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.
1.3 Licenses and Permits. Contractor shall obtain at its sole cost and expense such licenses,
permits, and approvals as may be required by law for the performance of the services required by this
Agreement.
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
31
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. Contractor shall be compensated and reimbursed for the
services rendered under this Agreement in accordance with the schedule of fees set forth in Exhibit "A".
The total amount of Compensation shall not exceed$
3.2 Method of Payment. In any month in which Contractor wishes to receive payment,
Contractor shall submit to City an invoice for services rendered prior to the date of the invoice, no later
than the first working day of such month, in the form approved by City's finance director. Payments shall
be based on the hourly rates set forth in Exhibit "A" for authorized services performed. City shall pay
Contractor for all expenses stated in the invoice that are approved by City and consistent with this
Agreement, within thirty (30)days of receipt of Contractor's invoice.
3.3 Changes. In the event any change or changes in the Scope of Services/Work is requested
by City, Parties shall execute a written amendment to this Agreement, specifying all proposed
amendments, including, but not limited to, any additional fees. An amendment may be entered into:
A. To provide for revisions or modifications to documents, work product, or work,
when required by the enactment or revision of any subsequent law; or
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, funds being
appropriated by the City Council of City for each fiscal year. 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 this Agreement.
4.2 Schedule of Performance. All services rendered under this Agreement shall be
performed under the agreed upon schedule of performance set forth in Exhibit "A." Any time period
extension must be approved in writing by the Contract Officer.
4.3 Force Maieure. 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 Contractor, if Contractor notifies the Contract Officer within ten (10)
days of the commencement of such condition. 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. After Contractor notification,
the Contract Officer shall investigate 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
32
judgment, such delay is justified. 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 4.5 of this Agreement, this
Agreement shall continue in full force and effect for a period of (weeks/months),
commencing on , 201_, and ending on 201_, unless extended by
mutual written agreement of the parties.
4.5 Termination Prior to Expiration of Term. City may terminate this Agreement at any
time, with or without cause, upon thirty (30) days written notice to Contractor. 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 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 after
such notice. Contractor may terminate this Agreement, with or without cause, upon thirty (30) days
written notice to City.
5. COORDINATION OF WORK
5.1 Representative of Contractor. The following principal of Contractor is designated as
being the principal and representative of Contractor authorized to act and make all decisions in its behalf
with respect to the specified services and work: (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 under this
Agreement. 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
("Contract Officer"). Contractor shall be responsible for keeping the Contract Officer fully informed of
the progress of the performance of the services. Contractor shall refer any decisions that must be made by
City to the Contract Officer. Unless otherwise specified, any approval of City 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 any services required under this Agreement without the City's express
written approval. In addition, neither this Agreement nor any interest may be assigned or transferred,
voluntarily or by operation of law, without the prior written approval of City.
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, except as otherwise specified. Contractor shall perform all required services 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.
33
5.5 Personnel. Contractor agrees to assign the following individuals to perform the services
in this Agreement. 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)
6. INSURANCE
Contractor shall procure and maintain, at its sole cost and expense, policies of insurance as set
forth in the attached Exhibit "B", incorporated herein by reference.
7. INDEMNIFICATION.
7.1 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, suits, 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 injuries 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, that arise out of or relate to Contractor's performance
under this Agreement. This indemnification clause excludes Claims arising from the sole 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 under this Agreement. Contractor's
indemnification obligation shall survive the expiration or earlier termination of this Agreement until all
actions against the Indemnified Parties for such matters indemnified are fully and finally barred by the
applicable statute of limitations or, if an action is timely filed, until such action is final. This provision is
intended for the benefit of third party Indemnified Parties not otherwise a party to this Agreement.
7.2 Desiun Professional Services Indemnification and Reimbursement. If the Agreement is
determined to be a "design professional services agreement" and Contractor is a "design professional"
under California Civil Code Section 2782.8, then:
A. To the fullest extent permitted by law, Contractor shall indemnify, defend (at
Contractor's sole cost and expense), protect and hold harmless City and its elected officials, officers,
employees, agents and volunteers and all other public agencies whose approval of the project is required,
(individually "Indemnified Party"; collectively "Indemnified Parties") against any and all liabilities,
claims, judgments, arbitration awards, settlements, costs, demands, orders and penalties (collectively
"Claims"), including but not limited to Claims arising from injuries or death of persons (Contractor's
employees included) and damage to property, which Claims arise out of, pertain to, or are related to the
negligence, recklessness or willful misconduct of Contractor, its agents, employees, or subcontractors, or
34
arise from Contractor's negligent, reckless or willful performance of or failure to perform any term,
provision, covenant or condition of this Agreement ("Indemnified Claims"), but Contractor's liability for
Indemnified Claims shall be reduced to the extent such Claims arise from the negligence, recklessness or
willful misconduct of the City and its elected officials, officers, employees, agents and volunteers.
B. The Contractor shall require all non-design-professional sub-contractors, used or
sub-contracted by Contractor to perform the Services or Work required under this Agreement, to execute
an Indemnification Agreement adopting the indemnity provisions in sub-section 7.1 in favor of the
Indemnified Parties. In addition, Contractor shall require all non-design-professional sub-contractors,
used or sub-contracted by Contractor to perform the Services or Work required under this Agreement, to
obtain insurance that is consistent with the Insurance provisions as set forth in this Agreement, as well as
any other insurance that may be required by Contract Officer.
8. RECORDS AND REPORTS
8.1 Reports. Contractor shall periodically prepare and submit to the Contract Officer reports
concerning the performance of the services required by this Agreement, or as the Contract Officer shall
require.
8.2 Records. Contractor shall keep complete, accurate, and detailed accounts of all time,
costs, expenses, and expenditures pertaining in any way to this Agreement. 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.
Contractor shall deliver all above-referenced documents to City upon request of the Contract Officer or
upon the termination of this Agreement. 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. Contractor may retain copies of such documents for Contractor's own use. Contractor
shall have an unrestricted right to use the concepts embodied in such documents.
8.4 Release of Documents. All drawings, specifications, reports, records, documents, and
other materials prepared by Contractor in the performance 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. Contractor shall make such materials available at its offices at all reasonable times during the
term of this Agreement and for three (3) years from the date of final payment for inspection by City and
copies 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
35
such county, and Contractor covenants and agrees to submit to the personal jurisdiction of such court in
the event of such action.
9.2 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.
9.3 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 Contractor. 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.
9.4 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.
9.5 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.
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 Conflict of Interest. Contractor acknowledges that no officer or employee of the City has
or shall have any direct or indirect financial interest in this Agreement nor shall Contractor enter into any
agreement of any kind with any such officer or employee during the term of this Agreement and for one
year thereafter. Contractor warrants that Contractor has not paid or given, and will not pay or give, any
third party any money or other consideration in exchange for obtaining this Agreement.
10.3 Covenant Against 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
36
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.
11. MISCELLANEOUS PROVISIONS
11.1 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.
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
supersedes all other written agreements.
11.3 Amendment. No amendments or other modifications of this Agreement shall be binding
unless through written agreement by all Parties.
11.4 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.
11.5 Successors in Interest. This Agreement shall be binding upon and inure to the benefit of
the Parties' successors and assignees.
11.6 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
37
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.
11.7 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.
11.8 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.
IN WITNESS WHEREOF, the Parties have executed this Agreement as of the dates stated below.
"CITY"
City of Palm Springs
Date: By:
David H. Ready, PhD
City Manager
APPROVED AS TO FORM: ATTEST
By: By:
Edward Z. Kotkin, Kathleen D. Hart, MMC
City Attorney Interim City Clerk
"CONTRACTOR"
(insert name)
Date: By :
(name)
(president)
Date:
(name)
(secretary)
38
CALIFOAM ALURAMO8E AC101011f M MENT ClHE CODE$1189
A nataly public or other alter cwo=V tte cwtfmm iwriim any the idertify of the wdvKkd who aigmd the
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State of Csikwrria }
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On before me,
Date Hem km t Name and Title of @e Offloor
parsoreRy appeared
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aubacnbed to the valtin nabeanent and adoiovxledWd to me that haraheAhey executed the some n
him4wAhew authorized capeWmes).mid that by hianrerMew aipneure(e)on the hebument the person(s).
or the entity upon bahaff of which the paraan(s)acted,mmouted the irstru ant-
I CWW under PENALTY OF PERJURY utder the taws
of the Stabs of Ceihamia that the foregoing paragraph
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Signsk"of Notary Pwbec
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Though fee aschbn!a cpbDn d conplahM his mdo»reion cart dater atharshon of the docurnert Cr
hraudulant mattachmmd of Hv:a farm to an unintended document.
Doempbon of Atteccted Docuormd
Tithe or Type of Doeraneant Document Oats:
Number of Pages: Signer(a)Other Than Named Above:
Capacity(es)Claimed by Signer(a)
Signer's Name. Signer's Name:
❑Corporate Cffroer—T31ao ❑Corpaste Officer—TM*)_
❑Partner— Cl Landed ❑General ❑Nartriw— ❑Lorded ❑General
❑Inrxvldiml ❑Attorney n Fad ❑Indimin t ❑Atl may in Fad
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®2414 Nehand Nub"Aasocddm-wwwr.Natims►btsry.arg.•1-SWAla NDTARY(14K"764W7) Non#M7
39
EXHIBIT "A"
CONTRACTOR'S
SCOPE OF SERVICES/WORK
Including,
Schedule of Fees
And
Schedule of Performance
40
EXHIBIT "B"
INSURANCE PROVISIONS
Including
Verification of Coverage,
Sufficiency of Insurers,
Errors and Omissions Coverage,
Minimum Scope of Insurance,
Deductibles and Self-Insured Retentions, and
Severability of Interests (Separation of Insureds)
41
INSURANCE
1. Procurement and Maintenance of Insurance. Contractor shall procure and maintain
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 procure and
maintain all insurance at its sole cost and expense, in a form and content satisfactory to the City, and
submit concurrently with its execution of 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 extensions. Such
insurance 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.
2. Minimum Scope of Insurance. The minimum amount of insurance required under this
Agreement 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 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;
3. Professional liability (errors and omissions) insurance with limits of at least one
million dollars ($1,000,000.00)per occurrence and two million dollars ($2,000,000) annual aggregate is:
required
is not required;
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 $1 million per
occurrence. If Contractor has no employees, Contractor shall complete the City's Request for Waiver of
Workers' Compensation Insurance Requirement form.
3. Primary Insurance. For any claims related to this Agreement, Contractor's insurance
coverage shall be primary with respect to the City and its respective elected officials, officers, employees,
agents, and volunteers. 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.
4. Errors and Omissions Coverage. If Errors & Omissions Insurance is required, and 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
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within three years of the completion of Contractor's services under this Agreement, or (2) to maintain
professional liability insurance coverage with the same carrier 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.
5. Sufficiency of Insurers. Insurance required in this Agreement shall be provided by
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 Rating of B++, Class VII, or better, unless
otherwise acceptable to the City.
6. Verification of Coverage. Contractor shall furnish City with both certificates of insurance
and endorsements, including additional insured endorsements, effecting all of the 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:
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 'for any and all work performed 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 Na" or 'for any and all work
performed 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.
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 with 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
them.
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7. 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 (1) the insurer shall reduce or eliminate such deductibles or
self-insured retentions with respect to the City, its elected officials, officers, employees, agents, and
volunteers; or (2) 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.
8. Severability of Interests (Separation of Insureds). This insurance applies separately to
each insured against whom claim is made or suit is brought except with respect to the limits of the
insurer's liability.
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