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City Council Staff Report
Date: February 21, 2018 CONSENT CALENDAR
Subject: AWARD A CONSTRUCTION CONTRACT TO TBU INC., A CALIFORNIA
CORPORATION, IN THE AMOUNT OF $220,559 FOR THE SONORA
ROAD STORM DRAIN IMPROVEMENTS, CITY PROJECT NO. 16-12
From: David H. Ready, City Manager
Initiated by: Engineering Services Department
SUMMARY
Award of this contract to TBU Inc., a California corporation, will allow the City to proceed
with construction of the Sonora Road Storm Drain Improvements, City Project No. 16-
12.
RECOMMENDATION:
1. Award a construction contract (Agreement No. ) to TBU Inc., a California
corporation, in the amount of $220,559 for the Sonora Road Storm Drain
Improvements, City Project No. 16-12;
2. Authorize the City Manager to execute all necessary documents.
BUSINESS PRINCIPAL DISCLOSURE:
TBU Inc., is a California corporation whose corporate officer is Ted J Burton Sr., as
President/Secretary/Treasurer. A search of records available through the Secretary of
State of California shows that as of March 20, 2017, the business entity had only one
listed Director or Officer, listed as Ted J Burton Sr.
STAFF ANALYSIS:
On November 6, 2013, the City Council approved Agreement No. 6444 with Harris &
Associates for on-call civil engineering design services on an as needed basis.
On August 2, 2016, staff requested a proposal from Harris & Associates for the
preparation of contract documents (plans and specifications) for future storm drain
improvements at two roadway segment locations; 1). Calle Santa Cruz, and 2). Sonora
Road. Each of these roadway segments undertake a source of constant storm drain
nuisance problems and require improvements to address water runoff impediments.
ITEM NO. • C1.
City Council Staff Report
February 21, 2018 -- Page 2
Award Construction Contract, City Project No. 16-12
Sonora Road Storm Drain Improvements
On August 31, 2016, in accordance with their on-call agreement, Harris & Associates
submitted a proposal for the preparation of contract documents at a cost not to exceed
of $45,060. Construction drawings for future storm drain improvements on Sonora
Road have been completed. Figure 1 below identifies the project location.
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Project Location
Figure 1
The Sonora Road Storm Drain Improvements, City Project No. 16-12 (Project), will
intercept the existing surface outlet storm drain from Tract 5078 and convey the
subsurface drainage into a new underground 18" storm drain pipe along Sonora Road
east to the Tahquitz Creek Golf Course, ending in a drywell system. The Project will
install approximately 700 linear feet of a new 18" storm drain pipe.
On December 13, 2017, the City Council approved the construction documents (plans
and specifications) and authorized the release for bidding the Project.
On December 14, 2017, the Notice of Inviting Bids was released to the general
contracting community and was published in the Desert Sun on December 16th and
23rd in accordance with the City's bidding procedures. Subsequently, on January 25,
2018, the Procurement and Contracting Division received 10 construction bids from the
following contractors:
02
City Council Staff Report
February 21, 2018— Page 3
Award Construction Contract, City Project No. 16-12
Sonora Road Storm Drain Improvements
-Company Location Bid Amount
TBU Inc. Beaumont, CA $220,559.00
Tri-Star Contracting II, Inc. Desert Hot Springs, CA $233,461.70
G&M Construction Palm Springs, CA $251,895.00
-Valley Pipeline Services, Inc. La Quinta, CA $287,800.00
JPI Development Group, Inc. Murrieta, CA $290,511.00
General Consolidated Constructors, Inc. Perris, CA $294,133.00
-Wright Construction Engineering Corp San Marcos, CA $304,583.00
BWW & Company Redlands, CA $341,501.21
Granite Construction Company Indio, CA $346,018.00
Jacobsson Engineering Construction, Inc. Thousand Palms, CA $356,937.50
The low bid of $222,559 is roughly 27% under the engineer's estimate of$282,000. The
complete bid summary is included as Attachment 1.
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 projects 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 DIR's contractor registration database, and has confirmed
that TBU Inc., is registered with the DIR, and is appropriately licensed.
TBU Inc., of Beaumont, California submitted the lowest responsive bid. Staff reviewed
the bid, references, and contractor's license, and found the Contractor to be properly
licensed and qualified. A construction contract with TBU Inc., for the Project is included
as Attachment 2.
Local Business Preference Compliance
Section 7.09.030 of the Palm Springs Municipal Code, "Local Business Preference
Program," requires prime contractors to use good faith efforts to sub-contract the supply
of materials and equipment to local business enterprises and to sub-contract services to
businesses whose work force resides within the Coachella Valley. Although TBU Inc.,
is not considered a local business, it has demonstrated sufficient evidence in the List of
Subcontractors to sub-contract supplies and services to local business firms.
ENVIRONMENTAL IMPACT:
Section 21084 of the California Public Resources Code requires Guidelines for
Implementation of the California Environmental Quality Act ("CEQA"). The Guidelines
are 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 03
City Council Staff Report
February 21, 2018-- Page 4
Award Construction Contract, City Project No. 16-12
Sonora Road Storm Drain Improvements
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 "Existing Facilities," Class 1 projects
consist of the operation, repair, maintenance, permitting, leasing, licensing, or minor
alteration of existing facilities of both investor and publicly-owned utilities used to
provide electric power, natural gas, sewerage, or other public utility services; therefore,
the Sonora Road Storm Drain Improvements, City Project No. 16-12, is considered
categorically exempt from CEQA, and a Notice of Exemption has been prepared and
filed with the Riverside County Clerk.
FISCAL IMPACT:
A total of $310,000 is budgeted through the Drainage Fund (Fund 135) to construct
related storm drain improvements within the city. The Project budget and estimated
expenditures are identified in Table 1 below. Sufficient budget is available in the Drainage
Fund (Fund 135) for this project.
Table of Project Costs Amount
Drainage Fund $310,000
Design Services ($45,060
Project Administration through 2/7/18) $6,760
Project Administration (Estimated) $5,000
Construction Inspection (Estimated) $10,000)
Construction Contract $220,559
Construction Contingency $22,055)
Budget Remaining $566
Table 1
SUBMITTED:
t'.
Thomas Garcia, P.E. Marcus L. Fuller, MPA, P.E., P.L.S.
City Engineer Assistant City Manager
David H. Ready,
City Manager
Attachments:
1. Bid Summary
2. Construction Contract
04
Attachment 1
05
SONORA ROAD
STORM DRAIN IMPROVEMENTS
CITY PROJECT NO.16-12
BID SUMMARY Bid Opening:January 25,2018
BID SCHEDULE QUAINT. UNIT TBU INC. TRISTAR CONTRACTING G&M CONSTRUCTION,LLC VALLEY PIPELINE SERVICES JPI DEVELOPMENT GROUP
BID ITEM ITEM DESCRIPTION UNIT PR. TOTAL UNIT PR. TOTAL UNIT PR- TOTAL UNIT PR. TOTAL UNIT PR. TOTAL
1 Mobilization 1 LS $10,000.00 $10,000.00 $15,169.00 $15.169.00 $12,500.00 $12,500.00 $18,515.00 $18,515.00 $15,000.00 $15,000.00
2 Temporary Traffic;Control 1 LS $3,000.00 $3,000.00 $10,637.00 $10,637.00 $2,500.00 $2,500.00 $11,853.00 $11,853.00 $3,000.00 $3,000.00
3 Water Pollution Control 1 LS $1,000.00 $1.000.00 S4,756.00 $4,756.00 $500.00 $500.00 $1,495.00 $1,495.00 $2,000.00 $2,000.00
4 Clearing,Grubbing and Removals 1 LS $2,500.00 $2,500.00 $25,125.00 $25,125.00 $3,000.00 $3,000.00 $24,139.00 $24,139.00 $1,000.00 $1,000.00
5 Sheeting,Shoring,and Bracing 1 LS $3,000.00 $3.000.00 $5,944.00 $5.944.00 $3,000.00 $3.000.00 $3.174.00 $3,174.00 $7,500.00 $7,500.00
11i Earthwork(Export) 410 Cy $23.50 $9,635.00 $13.00 $5.330.00 $10.00 $4,100.00 545.00 $18,450.00 $18.00 $7,380.00
7 Remove Exisfing 12'PVC Storm Drain 116 LF $9.00 $1,044.00 $18.00 $2,088.00 $10.00 $1.160.00 $13.00 $1,508.00 $10.00 $1,160.00
0 Remove Existing Sidewalk 40 SF $20.00 $800.00 $8.20 $328.00 $10.00 $400.00 $22.00 $880.00 $15.00 $600.00
9 Remove Existing Curb and Gutter 20 LF $45.00 $900.00 $20.90 $418.00 $20.00 $400.00 $43.00 $860.00 $40.00 $800.00
10 Remove Existing Cross Gutter 110 SF $13.50 $1,485.00 $4.10 $451.00 $5.00 $550.00 $8.00 $880.00 $20.00 $2.200.00
11 Remove Existing Drainage Inlet 1 EA $2,200.00 $2,200.00 $5,078.00 $5,078.00 $600.00 $600.00 $575.00 $575.00 $2,000.00 $2,000.00
12 Remove Existing Parkway Drain 1 EA $1,500.00 $1,500.00 $5,078.00 $5,078.00 $600.00 $600.00 $288.00 $288.00 $750.00 $750.00
13 Install 18"Diameter HDPE Storm Drain Pipe 781 LF $95.00 $74.195.00 $107.70 $84,113.70 $185.00 $144.485.00 $147.00 $114,807.00 $241.00 $188.221.00
including fittings)
14 Construct Headwall and Rip Rap Outlet 1 LS $9,500.00 $9,500.00 $9,950.00 $9,950.00 $14,000.00 $14,000.00 $7,107.00 $7,107.00 $7.500.00 $7.500.00
Structure
15 ConsW00 Modified Curb Inlet Per City Std. 1 EA $8,000.00 $8,000.00 $6,424.00 $6,424.00 $3,000.00 $3,000.00 $11,477.00 $11,477.00 $7,500.00 $7,500.00
16 Construct Drainage Inlet Per 1 EA $7,500.00 $7,500.00 $5,711.00 $5,711.00 $8,000.00 $8,000.00 $11,229.00 $11,229.00 $8,000.00 $8,000.00
Caltrans Std,On.D72D
17 Construct Storm Drain Manhole Per RCFC 2 EA $4,000.00 $8.000.00 $6.721.00 $13,442.00 57,000.00 $14.000.00 $12,758.00 $25,516.00 $5,000.00 $10,000.00
Std.Dvr .MH251
18 Construct Modified Parkway Drain Per City 6 LF $7,800.150 $46.800.00 $556.00 $3,336.00 $2,000.00 $12,000.00 $435.00 $2,610.00 $250.00 $1,500.00
Sid.Dw .705
19 Construct Pipe Support for Conclude Across 3 EA $2,500.DD $7.500.00 $2,615.00 $7,845.00 $2,500.00 $7,500.00 $2,571.00 $7,713.00 $1,200.00 $3,600.00
Trenches per SPPWC Std.Plan 224-2
20 Reconstruct Sewer Lateral per SPWWC Sid. 2 EA $2,000.OD $4,000.00 $1,189.00 $2,378.00 $2,500.00 $5,000.00 $2,447.00 $4,894.00 $1,500.00 $3,000.00
Plan 223-2
21 Construct Modified Curb and Gutter Type A3 20 LF $125.00 $2,500.00 $151.40 $3,028.00 $30.00 $600.00 $76.D0 $1,520.00 $70.00 $1,400.00
per City Sid.Dvr .200
22 Construct Sidewalk per City Std.Dwg.210 40 SF $20.00 $800.00 $34.60 $1,384.00 $10.00 5400.00 $38.00 $1,520.00 $15.00 $600.00
23 Construct Cross Gutter per City Sid. Dwg. 110 SF $20.00 $2,200.00 $26.80 $2,948.00 $10.00 $1,100.00 $39.00 54,290.00 $30.00 $3,300.00
24 Field Orders 1 AL $12,500.00 $12,500.00 $12.500.00 $12.500.001 $12.500.00 $12,500.00 $12,500.00 $12,500.00 $12,500.00 $12,500.00
TOTAL= $220,559.00 TOTAL- $233,461.70 TOTAL- $251,895.00 TOTAL- $287,800.00 TOTAL- $290,511.00
1 2 3 4 5
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SONORA ROAD
STORM DRAIN IMPROVEMENTS
CITY PROJECT NO.16-12
BID SUMMARY Bid Opening:January 25,2018
BID SCHEDULE GENERAL CONSOLIDATED WRIGHT CONSTRUCTION BWW&COMPANY GRANITE CONSTRUCTION JACOBSSON ENGINEERING
QUANT. UNIT CONSTRUCTION CONSTRUCTION
BID ITEM ITEM DESCRIPTION UNIT PR. TOTAL UNIT PR. TOTAL UNIT PR. TOTAL UNIT PR. TOTAL UNIT PR. TOTAL
1 Mobilization 1 LS $6.000.00 $6.000.00 $35,DD0.00 $35,000.00 $31,104.56 $31,104.56 $13,000.00 $13,000.00 $27.900.00 $27,900.00
2 Temporary Traffic Control 1 LS $6.000.00 $6,000.00 $4.000.00 $4.000.00 $13,1104.56 $13,104.56 $7,042.00 $7.042.00 $14,400.00 $14,400.00
3 Water Pollution Control 1 LS $3,000.00 $3,000.00 $5,000.00 $5,0D0.00 $7,104.56 $7,104.56 $1,800.00 $1.800.00 $5,5D0.00 $5,500.00
4 Clearing,Grubbing and Removals 1 LS $14,040.00 $14,040.00 $20,000.00 $20,000.00 $47,704.56 $47,704.56 $10,000.00 $10,000.00 $25,800.00 $25,800.00
5 Sheeting,Shoring,and Bracing 1 LS $8,880.00 $8,880.00 $15,000.00 $15,000.00 $10,104.56 $10,104.56 $4,200.00 $4,200.00 $9,900.00 $9,900.00
6(F). Earthwork(Export) 410 CY $39.00 $15,990.00 $45.00 $18,450.00 $47.56 $19.499.60 $32.00 $13,120.00 $28.75 $11,787.50
7 Remove Existing IT PVC Storm Drain 116 LF $13.00 $1,508.00 $25.00 $2,900.00 $10.00 $1.160.00 $21.00 $2,436.00 $14.25 $1,653.00
8 Remove Existing Sidewalk 40 5F $24.00 $960.00 $4.50 $180.00 $10.00 $400.00 $10.00 $400.00 $35.50 $1,420.00
9 Remove Existing Curb and Gutter 20 LF $48.00 $960.00 $10.00 $200.00 $10.00 $200.00 $41.00 $820.00 $45.50 $910.00
10 Remove Existing Cross Gutter 110 SF $9.00 $990.00 $12.50 $1,375.00 $10.00 $1,100.00 $15.00 $1,650.130 $22.00 $2,420.00
11 Remove Existing Drainage Inlet 1 EA $660.00 $660.00 $2,500.00 $2,500.00 $6,104.56 $6,104.56 $125.00 $125.00 $2,550.00 $2.550.00
12 Remove Existing Parkway Drain 1 EA $900.00 $900.00 $1,500.00 $1,500.D0 $5,604.56 $5,604.56 $125.00 $125.00 $1,650.00 $1,650.00
13 Install i18'ng fidi s Diameter HOPE Storm Drain Pipe
(including 781 LF $165.00 $128,865.00 $187.00 $146,047.00 $172.21 $134,496.01 $250.00 $195,250.00 $217.00 $169.477.00
14 Construct Headwall and Rip Rap Ouw 1 LS $12,600.00 $12.6D0.00 $5,000.00 $5,000.00 $12,1D4.56 $12.104.56 $6.700.00 $6,700.00 $6,350.0D $6.350.00
Structure
15 Construct Modified Curb Inlet Per Ciry,Sid, 1 EA $17,580.00 $17,5B0.00 $5,500.00 $5,500.00 $9.104.56 $9,104.56 $9,500.00 $9,500.00 $16,800.00 $16.800.00
Dwg.700
16 Construct Drainage Inlet Per 1 EA $15,540.00 $15,540.00 $5,000.00 $5.000.00 $10,604.56 $10.604.56 $9,300.00 $9.300.00 $19,200.00 $19,200.00
Cahrans Sid.Dvr.D72D
17 Construct Storm Drain Manhole Per RCFC 2 EA $11,880.00 $23,760.00 $6,000.00 $12,000.00 $4,000.00 $8,000.00 $9,200.00 $18,400.00 $5,800.00 $11,600.00
Std.Dwg.MH251
18 Construct Modified Parkway Drain Per City 6 LF $620.00 $3,720.00 $416.00 $2,496.00 $150.00 $900.00 $800.00 $4,800.00 $475.00 $2,850.00
Std.Dw .705
19 Construct Pipe Support for Conduits Across 3 EA $1,360.00 $4,080.00 $1.000.00 $3,000.00 $1,000.00 $3,000.00 $2,700.00 $8,1D0.00 $1,700.00 $5.100.00
Trenches per SPPW'C Sid,Plan 224-2
20 Reconstruct Sewer Lateral per SPWOJC Std. 2 EA $3,720.00 $7,440.00 $1,500.00 $3,000.00 $1,500.00 $3,000.00 $7,000.00 $14,000.00 $1,450.00 $2,900.00
Plan 223-2
21 Construct Modified Curb and Gutter Type A3 20 LF $144.00 $2,880.00 $100.00 $2,000.00 $80.00 $1,600.00 $175.00 $3,500.00 $77.00 $1,540.00
r City Sid.DwQ.200
22 Construct Sidewalk per City Sid.Dwg.210 40 SF $66.00 $2,640.00 $12.50 $500.00 $20.00 $800.00 $36.00 $1,440.00 $29.75 $1,190.00
23 Construct Cross Gutter per City Sid. Dwg. 110 SF $24.00 $2,640.00 $15.50 $1,705.00 $20.00 $2,200.00 $71.00 $7,810.00 $14.00 $1,540.00
24 Field Orders 1 AL $12,500.00 $12,500.00 $12,500.00 $12,500.00 $12,500.00 $12,500.00 $12,500.00 1 $12,500.0 $12,500.00 $12,500.00
TOTAL= $294,133.00 TOTAL= $304,853.00 TOTAL= $341,501.21 TOTAL= $346,018.00 TOTAL= $356,937.50
6 7 8 9 10
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Attachment 2
08
AGREEMENT
(CONSTRUCTION CONTRACT)
THIS AGREEMENT made this _ day of 2018, 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 TBU 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:
SONORA ROAD STORM DRAIN IMPROVEMENTS
CITY PROJECT NO. 16-12
The Work comprises the installation of an 18-inch diameter High Density Polyethylene
(HDPE) storm drain pipe. Installation includes storm drain manholes, modified curb inlet
catch basin, modified drain inlet, modified parkway drain, modified curb and gutter,
modified pipe culvert headwall with riprap, underground utility line adjustments and
relocations, trench excavation, blanket protection, pipe support and other appurtenant
work.
ARTICLE 2 -- COMMENCEMENT AND COMPLETION
The Work to be performed under this Contract shall commence on the date specified in
the Notice to Proceed by the City, and the Work shall be fully completed within the time
specified in the Notice to Proceed.
The City and the Contractor recognize that time is of the essence of this Agreement, and
that the City will suffer financial loss if the Work is not completed within the time specified
in Article 2, herein, plus any extensions thereof allowed in accordance with applicable
provisions of the Standard Specifications, as modified herein. They also recognize the
delays, expense, and difficulties involved in proving in a legal proceeding the actual loss
suffered by the City if the Work is not completed on time. Accordingly, instead of
requiring any such proof, the City and the Contractor agree that as liquidated damages or
delay (but not as a penalty), the Contractor shall pay the City the sum 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 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.
SONORA ROAD STORM DRAIN IMPROVEMENTS
CITY PROJECT NO. 16-12 AGREEMENT FORM
DECEMBER 14,2017 AGREEMENT AND BONDS-PAGE 1 09
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 Two Hundred Twenty Thousand Five Hundred Fifty
Nine Dollars and Zero Cents ($220,559.00).
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, Worker's Compensation Certificate, Performance
Bond, Payment Bond, Standard Specifications, Special Provisions, the Drawings,
Addenda numbers 1 to 1, inclusive, and all Construction Contract Change Orders and
Work Change Directives which may be delivered or issued after the Effective Date of the
Agreement and are not attached hereto.
ARTICLE 5 -- 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.
SONORA ROAD STORM DRAIN IMPROVEMENTS
CITY PROJECT NO. 16-12 AGREEMENT FORM (}
DECEMBER 14,2017 AGREEMENT AND BONDS-PAGE 2
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 1770, et seq., as well as California Code of Regulations, Title 8, Section
16000, et seq. ("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
SONORA ROAD STORM DRAIN IMPROVEMENTS
CITY PROJECT NO. 16-12 AGREEMENT FORM I
DECEMBER 14,2017 AGREEMENT AND BONDS-PAGE 3
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 party hereto of pny 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.
SIGNATURES ON NEXT PAGE
SONORA ROAD STORM DRAIN IMPROVEMENTS
CITY PROJECT NO. 16-12 AGREEMENT FORM
DECEMBER 14,2017 AGREEMENT AND BONDS-PAGE 4 12
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, APPROVED BY THE CITY COUNCIL:
CALIFORNIA
Date
By
David H. Ready
City Manager Agreement No.
ATTEST:
By
Anthony J. Mejia, MMC
City Clerk
APPROVED AS TO FORM:
By
Edward Z. Kotkin
City Attorney
RECOMMENDED:
By
Thomas Garcia, P.E.
City Engineer
SONORA ROAD STORM DRAIN IMPROVEMENTS
CITY PROJECT NO. 16-12 AGREEMENT FORM
DECEMBER 14,2017 AGREEMENT AND BONDS-PAGE 5 13
CONTRACTOR
By: TBU 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 (This Agreement must be signed in the above
space by one having authority to bind the space by one having authority to bind the
Contractor to the terms of the Agreement.) Contractor to the terms of the Agreement.)
State of ) State of )
County of )ss County of )ss
On On
before me, before me,
personally appeared personally appeared
who proved to me on the basis of satisfactory who proved to me on the basis of satisfactory
evidence to be the person(s) whose name(s) evidence to be the person(s) whose name(s)
is/are subscribed to the within instrument and is/are subscribed to the within instrument and
acknowledged to me that he/she/they executed acknowledged to me that he/she/they executed
the same in his/her/their authorized capacity(ies), the same in his/her/their authorized capacity(ies),
and that by his/her/their signatures(s) on the and that by his/her/their signatures(s) on the
instrument the person(s), or the entity upon behalf instrument the person(s), or the entity upon behalf
of which the person(s) acted, executed the of which the person(s) acted, executed the
instrument. instrument.
I certify under PENALTY OF PERJURY under the I certify under PENALTY OF PERJURY under the
laws of the State of California that the foregoing laws of the State of California that the foregoing
paragraph is true and correct. paragraph is true and correct.
WITNESS my hand and official seal. WITNESS my hand and official seal.
Notary Signature: Notary Signature:
Notary Seal: Notary Seal:
SONORA ROAD STORM DRAIN IMPROVEMENTS 14
CITY PROJECT NO. 16-12 PAYMENT BOND
DECEMBER 14,2017 AGREEMENT AND BONDS-PAGE 6