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'Folt % City Council Staff Report
DATE: December 13, 2017 CONSENT CALENDAR
SUBJECT: AWARD A CONSTRUCTION CONTRACT TO WRIGHT
CONSTRUCTION ENGINEERING CORP, A CALIFORNIA
CORPORATION, IN THE AMOUNT OF $222,368.68 FOR THE S. PALM
CANYON DRIVE AND LA PLAZA SAFETY BOLLARD INSTALLATION,
CITY PROJECT NO. 15-29
FROM: David H. Ready, City Manager
BY: Engineering Services Department
SUMMARY
Award of this contract to Wright Construction Engineering Corp, a California
corporation, will allow the City to proceed with construction of the S. Palm Canyon Drive
and La Plaza Safety Bollard Installation, City Project No. 15-29.
RECOMMENDATION:
1. Award a construction contract (Agreement No. ) to Wright Construction
Engineering, a California corporation, in the amount of $222,368.68 for the S. Palm
Canyon Drive and La Plaza Safety Bollard Installation, City Project No. 15-29;
2. Authorize the City Manager to execute all necessary documents.
BUSINESS PRINCIPAL DISCLOSURE:
Wright Construction Engineering Corp, is a California corporation whose corporate
officer is Wes Wright, as President/Vice-President/Secretary/Treasurer. A search of
records available through the Secretary of State of California shows that as of August 4,
2017, the business entity had only one listed Director or Officer, listed as Wesley
Wright.
ITEM NO. 1 , U.
City Council Staff Report
December 13, 2017-- Page 2
Award Construction Contract, City Project No. 15-29
S. Palm Canyon Drive and La Plaza Safety Bollard Installation
STAFF ANALYSIS:
In the 2017/18 Fiscal Year budget, the City Council approved a budget of $300,000
through the Measure J Capital Fund for the Downtown Village Fest safety bollards.
On October 17, 2016, in accordance with their on-call agreement, the City Manager
authorized Harris & Associates (Harris) to proceed with research and design services to
develop construction drawings for permanent safety bollards on S. Palm Canyon Dr. at
La Plaza, at a cost not to exceed of $15,920. On March 1, 2017, the City Council
authorized a purchase order increase of $19,780 with Harris to expand their design
services and prepare construction drawings for permanent safety bollards at four
additional site locations in the Downtown Village Fest area. A total of $35,700 has been
budgeted to Harris for their design services.
An aerial image of the S. Palm Canyon Drive at La Plaza intersection planned for
permanent safety bollards is shown in Figure 1. A list of the four additional site locations
to undergo permanent safety bollard installations in the Downtown Village Fest area is
outlined thereafter.
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PROJECT LOCATION
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Figure 1
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City Council Staff Report
December 13, 2017--Page 3
Award Construction Contract, City Project No. 15-29
S. Palm Canyon Drive and La Plaza Safety Bollard Installation
Planned Safety Bollards at Four Additional Sites for Downtown Village Fest:
• S. Palm Canyon Drive and Andreas Road
• S. Palm Canyon Drive and Tahquitz Canyon Way
• S. Palm Canyon Drive and Arenas Road
• S. Palm Canyon Drive and Baristo Road
The contract documents (plans and specifications) for the S. Palm Canyon Drive and La
Plaza Safety Bollard Installation, City Project No. 15-29 (Project), have been completed.
The Project plans to furnish and install 22 individual 8-inch diameter powder coated
steel retractable bollards including trench excavation, reinforced concrete footings, steel
casing, miscellaneous gravel, plastic sheeting, geotextile, bedding sand, removing and
reinstalling existing interlocking pavers, removing and reconstructing existing concrete
bands and all appurtenant work.
On October 4, 2017, the City Council approved the construction documents (plans and
specifications) and authorized the release for bidding the Project.
On October 19, 2017, the Notice of Inviting Bids was released to the general contracting
community and was published in the Desert Sun on October 21st and 28th in accordance
with the City's bidding procedures. Subsequently, on November 21, 2017, the
Procurement and Contracting Division received 15 construction bids from the following
contractors:
-Company Location Bid Amount
-Wright Construction Engineering Corp. Big Bear Lake, CA $222,368.68
CT&T Concrete Paving, Inc. Diamond Bar, CA $229,040.00
C&M Construction, LLC Pico Rivera, CA $235,580.00
-Fleming Environmental, Inc. Fullerton, CA $241,718.40
Tri-Star Contracting II, Inc. Desert Hot Springs, CA $244,027.50
BWW & Company Redlands, CA $249,720.00
Red Hawk Services Perris, CA $252,915.00
PTM General Engineering Services, Inc. Riverside, CA $259,059.00
AToM Engineering Construction, Inc. Hemet, CA $267,398.00
Parsam Construction, Inc. Glendale, CA $279,055.00
Line Tech Contractors, Inc. Cypress, CA $280,945.00
Cora Constructors, Inc. Palm Desert, CA $297,915.00
Perimeter Security Group, LLC Santa Monica, CA $308,229.90
Hot Line Construction, Inc. Brentwood, CA $354,076.60
Victor Concrete, Inc. Riverside, CA $395,000.00
03
City Council Staff Report
December 13, 2017 -- Page 4
Award Construction Contract, City Project No. 15-29
S. Palm Canyon Drive and La Plaza Safety Bollard Installation
The final engineer's estimate for this Project was $218,000; the low bid amount of
$222,369 was 2% over the engineer's estimate. A full 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 Hal Hays Construction Inc., is registered with the DIR, and is appropriately licensed.
Wright Construction Engineering Corporation, of Big Bear Lake, 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
Wright Construction Engineering Corporation 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. Wright Construction
Engineering Corporation is not considered a local business, however, 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
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 minor alteration of existing public highways and streets, sidewalks, gutters,
bicycle and pedestrian trials, and similar facilities for the purpose of public safety;
therefore, the S. Palm Canyon Drive at La Plaza Safety Bollard Installations, City
Project No. 15-29, is considered categorically exempt from CEQA, and a Notice of
Exemption has been prepared and filed with the Riverside County Clerk.
04
City Council Staff Report
December 13, 2017--Page 5
Award Construction Contract, City Project No. 15-29
S. Palm Canyon Drive and La Plaza Safety Bollard Installation
FISCAL IMPACT:
A total of $300,000 is currently budgeted through the General Fund (Fund 001) and
Measure J Capital Project Fund (Fund 260) to install permanent safety bollards for the
Downtown Village Fest area.
The project budget and estimated expenditures are identified in Table 1 below.
Table of Project Costs Amount
FY17/18 Measure J Fund 260 $300,000
Design Services $35,700
Project Administration (through 11/29/17 $5,634
Project Administration Estimated $5,000
Construction Inspection Estimated $10,000
Construction Contract $222,369
Construction Contingency $20,000
Budget Remaining $1,297
Table 1
Sufficient funding is budgeted and available in Measure J Account No. 260-4500-59501.
SUBMITTED:
/L r°
Tliomas Garclia, P.E. Marcus L. Fuller, MPA, P.E., P.L.S.
City Engineer Assistant City Manager
David H. Ready�q.
City Manager
Attachments:
1. Bid Summary
2. Construction Contract
05
ATTACHMENT 1
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S.PALM CANYON DRIVE AND LA PLAZA
SAFETY BOLLARD INSTALLATIONS
CITY PROJECT NO.15-29
BID SUMMARY Bid Opening:November 21,2017
BIDSCHEOULE WRIGHT CONSTRUCTION CT&T CONCRETE ENVIRONMENTAL
QUANT. UNIT
ENGINEERING CORP PAVING,INC. C&M CONSTRUCTION,LLC INC.
E TRISTAR CONCTRACTING
BID ITEM ITEM DESCRIPTION UNIT PR. TOTAL UNIT PR. TOTAL UNIT PR. TOTAL UNIT PR. TOTAL UNIT PR. TOTAL
1 Mobilization 1 LS $18,700.00 $18,700.00 $20,000.00 $20,000.00 $10,000,00 $10,000.00 $17,195.10 $17,195.10 $13.148.00 $13,148.00
2 Temporary Traffic Control 1 LS $5,000.00 $5,000.00 $5,900.00 $5,900.00 $5,000.00 $5,000.00 $25,780.00 $25,780.00 $10,059.00 $10.06900
3 Water Pollution Control 1 LS $2,500,00 $2,500.00 $2,000.00 $2,000.00 $5,000.00 $5,000.00 $5,650.00 $5,650.00 $3,192,00 $3,192.00
4(F) Earthwork 86 CY $242.38 $20,844.68 $300.00 $25.800.00 $80.00 $6.880.00 $437.16 $37,595.76 $51.00 $4,386.00
5 Furnish and Install 8"Dia.Retractable 22 EA $4,912 00 $108,064.00 $5,300,00 $116,600.00 $7,000.00 $154,000.00 $5,054,62 $111,206.04 $6,611.00 $145,442.00
Bollards
6 Construct PCC Bollard Fooling(with 80 CY $532.00 $42,560.00 $450.00 $36,000.00 $37500 $30,000.00 $270.55 $21,644.00 $406.00 $32,480.00
Steel Reber)
7(F) Remove and Reinstall Concrete 635 SF $20.00 $12,700.00 $20.00 $12,70900 $20,00 $12,700.00 $16.22 $10,299.70 $34.30 $21,780.50
Interlocking Pavers
8 Remove and Reconstruct PCC Band 20 LF $100.00 $2,000.00 $2.00 $40.00 $100.00 $2,000.00 $117.39 $2.347.80 $177.00 $3,540.00
9 Field Orders 1 1-5 $10,000.00 $10,000.00 $10,000.00 $10,000.00 $10,000.00 $10,000-00 $10,000.00 $10,000-00 $10.000.00 $10.000.00
TOTAL= $222,366.68 TOTAL= $229,040.00 TOTAL= $236,580.00 TOTAL= $241,718A0 TOTAL= $244,027.50
1 2 3 4 5
BIDSCHEDULE BWW&COMPANY RED HAWK SERVICES PTM GENERAL ENGINEERING ATOM ENGINEERING PARSAM CONSTRUCTION,INC.
QUANT. UNIT SERVICES,INC. CONSTRUCTION,INC.
BID ITEM ITEM DESCRIPTION UNIT PR. TOTAL UNIT PR. TOTAL UNIT PR. TOTAL UNIT PR. TOTAL UNIT PR. TOTAL
1 Mobilization 1 LS $31,000.00 $31,000.00 $13,000.00 $13,000.00 $7,000.00 $7,000.00 $22,000.00 $22,000.00 $15.000.00 $15.000.00
2 Temporary Traffic Control 1 LS $12.000.00 $12,000.00 $12,500.00 $12,500.00 $10,277.50 $10,277.50 $8,000,00 $8,000.00 $4,000,00 $4.000.00
3 Water Pollution Control 1 LS $4,000,00 $4,000.00 $5,900.00 $5,900.00 $700.00 $700.00 $4,663.00 $4,663.00 $1,500.00 $1,500.00
4(F) Earthwork 86 CY $139.00 $11.954.00 $240.00 $20.640.00 $86.25 $7.417.50 $300.00 $25,800.00 $250.00 $21,500.00
5 Furnish and Install 8"Dia.Retractable 22 EA $6,363.00 $139,986.00 $5,90000 $129,800.00 $7,900.00 $173.800.00 $6,300,00 $138,600.00 $7,700.00 $169.400.00
Bollards
6 Construct PCC Bollard Footing(with 80 CY $250.00 $20,000.00 $525.00 $42,000.00 $460,00 $36.800.00 $600.00 $40,000.00 $600.00 $48,000.00
Steel Reber)
7(F) Remove and Reinstall Concrete 635 SF $28.00 $17,780.00 $25.00 $15,87500 $18,40 $11,684A0 $21.00 $13.335.00 $13.00 $8,255.00
Interlocking Pavers
8 Remove and Reconstruct PCC Band 20 LF $150.00 $3,000.00 $160.00 $3,200.00 $69.00 $1,380.00 $250.00 $5,000.00 $70.00 $1,400.00
9 Field Orders 1 LS $10.000.00 $10.000.00 $10,000.00 $10,000.00 $10,000.00 $10,000.00 $10,000.00 $10,000.00 $10,00000 $10,000.00
TOTAL= $249,720.00 TOTAL= $252,915.00 TOTAL= $269,069.00 TOTAL= $267,398.00 TOTAL= $279,055.00
G 6 7 8 9 10
-.I
S.PALM CANYON DRIVE AND LA PLAZA
SAFETY BOLLARD INSTALLATIONS
CITY PROJECT NO.15.29
BID SUMMARY-Continued Bid Opening:November 21,2017
BID SCHEDULE LINE TECH CONTRACTORS, CORA CONSTRUCTORS,INC. PERIMETER SECURITY GROUP, HOT LINE CONSTRUCTION,INC. VICTOR CONCRETE,INC.
QUANT. UNIT INC. LLC
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 $26,000.00 $26,000.00 $10,170.65 $10.170,65 $17,500.00 $17.500.00 $90,000D0 $90,000.00
2 Temporary Traffic Control 1 LS $10,000.00 $10,000.00 $15,000.00 $15,000.00 $11,247.87 $11,247.87 $9,726.60 $9726.60 $52,775D0 $52,775.00
3 Water Pollution Control 1 LS $5,000.00 $5,000.00 $2,500.00 $2,500.00 $1,58538 $1,585.38 $1,72500 $1,725.00 $13,000.00 $13,00000
4(F) Earthwork 56 CY $270.00 $23,220.00 $515.00 $44,290.00 $288.84 $24,840,24 $350.00 $30,100.00 $450.00 $38,700.00
5 Furnish and Install 8"Dia.Retractable 22 EA $4.200.00 $92.400.00 $6,200.00 $136.400,00 $7,173.78 $157,823,16 $7,750.00 $170.500.00 $6,500.00 $143,000.00
Bollards
6 Construct PCC Bollard Footing(with 80 CY $1,500.00 $120,000.00 $462.00 $36,950,00 $752.54 $60,203.20 $600.00 $48,000.00 $450.00 $36,000.00
Steel Reber)
7(F) Remove and Reinstall Concrete 635 SF $15.00 $9,525,00 $39,00 $24,765,00 $43.12 $27,381.20 $9500 $60.325.00 $15.00 $9,525.00
Interlocking Pavers
8 Remove and Reconstruct PCC Band 20 LF $40.00 $800.00 $100.00 $2,000,00 $248.91 $4.978.20 $310.00 $6,200.00 $100.00 $2,000.00
9 Field Orders 1 LS $10000.00 $10000,00 $10,000,00 $10,000.00 $10000.00 $10,000,00 $10,000,00 $10,000.00 $10.000.00 $10,000.00
TOTAL= $280,945.00 TOTAL= $297,915.00 TOTAL= $308,229.90 TOTAL= $354,076.60 TOTAL= $395,000.00
11 12 13 14 15
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ATTACHMENT 2
09
AGREEMENT
(CONSTRUCTION CONTRACT)
THIS AGREEMENT made this _ day of 20_, by and between
the City of Palm Springs, a charter city, organized and existing in the County of Riverside,
under and by virtue of the laws of the State of California, hereinafter designated as the
City, and Wright Construction Engineering Corp, 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:
S. PALM CANYON DRIVE AND LA PLAZA SAFETY BOLLARD INSTALLATION
CITY PROJECT NO. 15-29
The Work comprises furnishing and installing 8-inch diameter powder coated steel
retractable bollards including trench excavation, reinforced concrete footings, steel
casing, miscellaneous gravel, plastic sheeting, geotextile, bedding sand, removing and
reinstalling existing interlocking pavers, removing and reconstructing existing concrete
bands, and all 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.
S. PALM CANYON DRIVE AND LA PLAZA
SAFETY BOLLARD INSTALLATION AGREEMENT FORM
CITY PROJECT NO. 15-29 AGREEMENT AND BONDS-PAGE 1
OCTOBER 17,2017 10
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 Two Thousand Three Hundred
Sixty Eight Dollars and Sixty Eight Cents ($222,368.68).
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.
S.PALM CANYON DRIVE AND LA PLAZA
SAFETY BOLLARD INSTALLATION AGREEMENT FORM
CITY PROJECT NO. 15-29 AGREEMENT AND BONDS-PAGE 2 i
OCTOBER 17,2017
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 race,
religion, color, sex, age, marital status, ancestry, national origin, sexual orientation,
gender identity, gender expression, physical or mental disability, or medical condition.
Contractor shall ensure that applicants are employed, and that employees are treated
during their employment, without regard to their race, religion, color, sex, age, marital
status, ancestry, national origin, sexual orientation, gender identity, gender expression,
S. PALM CANYON DRIVE AND LA PLAZA
SAFETY BOLLARD INSTALLATION AGREEMENT FORM
CITY PROJECT NO. 15-29 AGREEMENT AND BONDS-PAGE 3 OCTOBER 17,2017 12
physical or mental disability, or medical condition. Such actions shall include, but not
be 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.
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 any rights under or interests
in the Contract Documents will be binding on another party hereto without the written
consent of the party sought to be bound; and specifically, but without limitation, monies
that may become due and monies that are due may not be assigned without such
consent (except to the extent that the effect of this restriction may be limited by law), and
unless specifically stated to the contrary in any written consent to an assignment, no
assignment will release or discharge the assignor from any duty or responsibility under
the Contract Documents.
The City and the Contractor each binds itself, its partners, successors, assigns, and legal
representatives, to the other party hereto, its partners, successors, assigns, and legal
representatives, in respect of all covenants, agreements, and obligations contained in the
Contract Documents.
SIGNATURES ON NEXT PAGE
S. PALM CANYON DRIVE AND LA PLAZA
SAFETY BOLLARD INSTALLATION AGREEMENT FORM f
CITY PROJECT NO. 15-29 AGREEMENT AND BONDS-PAGE 4 A
OCTOBER 17,2017
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 Mejia
City Clerk
APPROVED AS TO FORM:
By
Edward Z. Kotkin
City Attorney
RECOMMENDED:
By
Thomas Garcia, P.E.
City Engineer
S. PALM CANYON DRIVE AND LA PLAZA
SAFETY BOLLARD INSTALLATION AGREEMENT FORM
CITY PROJECT NO. 15-29 AGREEMENT AND BONDS-PAGE 5
OCTOBER 17,2017 �
CONTRACTOR
By: Wright Construction Engineering Corp, 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:
S. PALM CANYON DRIVE AND LA PLAZA
SAFETY BOLLARD INSTALLATION PAYMENT BOND 15
CITY PROJECT NO. 15-29 AGREEMENT AND BONDS-PAGE 6
OCTOBER 17,2017