HomeMy WebLinkAbout06547 - DEMUTH PARK PARKING LOT CROSS GUTTER Kathie Hart
From: Tabitha Richards
Sent: Thursday, November 19, 2015 3:14 PM
To: Kathie Hart; Mike Lytar;Savat Khamphou
Cc: Carrie Rovney; Marcus Fuller
Subject: RE: A6547-Tri-Star Contracting 0
Yes, all work has been completed. Please close the agreement file.
Thank you, \
Tabitha Richards
760-323-8202
From: Kathie Hart
Sent: Thursday, November 19, 2015 1:44 PM
To: Mike Lytar; Savat Khamphou
Cc: Carrie Rovney;Tabitha Richards; Marcus Fuller
Subject: A6547 -Tri-Star Contracting
This agreement was for the Demuth Park Cross Gutter, $7,870, and executed in June 2014.
Has the work been completed?
If yes, may I close the agreement file?
Kathie Hart, MMC
Chief Deputy City Clerk
ex it � {G1
CAEIFORMIA
t:ke no place e1w,
City of Palm Springs Lk'' (760) 323-8206
3200 E. Tahquitz Canyon Way r—� (760) 322-8332
Palm Springs, CA 92262 P, Kathie.Hart@PalmSpringsCA.gov
City Hall is open 8 am to 6 pm, Monday through Thursday,and closed on Fridays.
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Kathie Hart
From: Kathie Hart
Sent: Thursday, November 19, 2015 1:44 PM
To: Mike Lytar; Savat Khamphou
Cc: Carrie Rovney;Tabitha Richards; Marcus Fuller
Subject: A6547-Tri-Star Contracting
This agreement was for the Demuth Park Cross Gutter,$7,870, and executed in June 2014.
Has the work been completed?
If yes, may I close the agreement file?
Kathie Hart, MMC
Chief Deputy City Clerk
V'C)x f Gt
CALIFORN r
t'ks r pioce'04w'
City of Palm Springs (760)323-8206
3200 E. Tahquitz Canyon Way A (760)322-8332
Palm Springs,CA 92262 V ! Kathie.Hart@PalmSpringsCA.gov
City Hall is open 8 am to 6 pm, Monday through Thursday, and closed on Fridays.
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CITY OF PALM SPRINGS
CONTRACT SERVICES AGREEMENT FOR
DEMUTH PARK SMALL PARKING LOT CROSS GUTTER WITH
TRI-STAR CONTRACTING H,INC.
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THI CONTRACT SERVICES AGR EMENT(herein"Agreement")is made and entered
into this P day of___ ,�Jk6 ,by and between the CITY OF PALM SPRINGS,
a municipal corporation(herein(herein"City")") and TH-Star Contracting H,Inc. (herein "Contractor").
NOW,THEREFORE,the parties hereto agree as follows:
1.0 SERVICES OF CONTRACTOR
1.1 Scope of Services. In compliance with all of the terms and conditions of
this Agreement, the Contractor shall perform the work or services set forth in the "Scope of
Services" attached hereto as Exhibit "A" and incorporated herein by reference. Contractor
warrants that all work and services set forth in the Scope of Services will be performed in a
competent,professional and satisfactory manner.
1.2 Compliance with Law. All work and services rendered hereunder shall be
provided in accordance with all ordinances,resolutions,statutes,rules,and regulations of the City
and any Federal, State or local governmental agency of competent jurisdiction.
1.3 Licenses Permits. Fees and Assessments. 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.
2.0 COMPENSATION
2.1 Contract Sum. For the services rendered pursuant to this Agreement,
Contractor shall be compensated in accordance with the "Schedule of Compensation" attached
hereto as Exhibit "B" and incorporated herein by this reference, but not exceeding the maximum
contract amount of$7,870 ("Contract Sum").
2.2 Method of Payment. Provided that Contractor is not in default under the
terms of this Agreement, Contractor shall be paid as outlined in Exhibit 'B" Schedule of
Compensation.
3.0 COORDINATION OF WORK
3.1 R resentative of Contractor. Rodney Owens is hereby designated as
being the principal and representative of Contractor authorized to act in its behalf with respect to
the work and services specified herein and make all decisions in connection therewith.
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t'IGINAL E310
" "DJOR AG RER41".'
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3.2 Contract Officer. Director of Public Works is hereby designated as being
the representative the City authorized to act in its behalf with respect to the work and services
specified herein and make all decisions in connection therewith ("Contract Officer"). The City
Manager of City shall have the right to designate another Contract Officer by providing written
notice to Contractor.
3.3 Prohibition Against Subcontractine or Assignment. Contractor shall not
contract with any entity to perform in whole or in part the work or services required hereunder
without the express written approval of the City. Neither this Agreement nor any interest herein
may be assigned or transferred, voluntarily or by operation of law, without the prior written
approval of City. Any such prohibited assignment or transfer shall be void.
3.4 Independent Contractor. Neither the 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 herein, except as otherwise set forth. Contractor shall perform all
services required herein as an independent contractor of City and shall remain under only such
obligations as are consistent with that role. 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.
4.0 INSURANCE, INDEMNIFICATION AND BONDS
4.1 Insurance. The Contractor shall procure and maintain, at its sole cost
and expense, in a form and content satisfactory to City, during the entire term of this Agreement
including any extension thereof,the following policies of insurance:
(a) Commercial General Liability Insurance. A policy of commercial
eneral liabili g ty insurance written on a per occurrence basis with a combined single limit of
at least$1,000,000 bodily injury and property damage including coverages for contractual
liability, personal injury, independent contractors, broad form property damage, products
and completed operations.The Commercial General Liability Policy shall name the City of
Palm Springs as an additional insured in accordance with standard ISO additional insured
endorsement form CG2010(1185)or equivalent language.
(b) Worker's Compensation Insurance. A policy of worker's
compensation insurance in an amount which fully complies with the statutory requirements
of the State of California and which includes $1,000,000 employer's liability.
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(c) Business Automobile Insurance. A policy of business automobile
liability insurance written on a per occurrence basis with a single limit liability in the
amount of $1,000,000 bodily injury and property damage. Said policy shall include
coverage for owned,non-owned, leased and hired cars.
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(d)Additional Insurance. Additional limits and coverages, which may
include professional liability insurance,will be specified in Exhibit D.
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All of the above policies of insurance shall be primary insurance. (Reference Section 4.4
regarding sufficiency.) The insurer shall waive all rights of subrogation and contribution it may
have against the City, its officers, employees and agents, and their respective insurers. In the
event any of said policies of insurance are canceled, the Contractor shall,prior to the cancellation
date, submit new evidence of insurance in conformance with this Section 4.1 to the Contract
Officer. No work or services under this Agreement shall commence until the Contractor has
provided the City with Certificates of Insurance, endorsements or appropriate insurance binders
evidencing the above insurance coverages and said Certificates of Insurance, endorsements, or
binders are approved by the City.
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The contractor agrees that the provisions of this.Section 4.1 shall not be construed as
limiting in any way the extent to which the Contractor may be held responsible for the payment of
damages to any persons or property resulting from the Contractor's activities or the activities of
any person or persons for which the Contractor is otherwise responsible.
In the event the Contractor subcontracts any portion of the work in compliance with
Section 3.3 of this Agreement the contract between the Contractor and such subcontractor shall
require the subcontractor to maintain the same polices of insurance that the Contractor is required
to maintain pursuant to this Section.
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4.2 Indemnification. Contractor agrees to indemnify the City, its officers,
agents and employees against, and will hold and save them and each of them harmless from, any
and all actions, suits, claims, damages to persons or property, losses, costs,penalties, obligations,
errors, omissions or liabilities, (herein "claims or liabilities") that may be asserted or claimed by
any person, firm or entity arising out of or in connection with the negligent performance of the
work, operations or activities of Contractor, its agents, employees, subcontractors, or invitees,
provided for herein, or arising from the negligent acts or omissions of Contractor hereunder, or
arising from Contractor's negligent performance of or failure to perform any term, provision,
covenant or condition of this Agreement, whether or not there is concurrent passive or active
negligence on the part of the City, its officers, agents or employees but excluding such claims or
liabilities arising from the sole negligence or willful misconduct of the City,its officers,agents or
employees,who are directly responsible to the City, and in connection therewith:
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(a) Contractor will defend any action or actions filed in connection with
any of said claims or liabilities and will pay all costs and expenses, including legal costs and
attorneys' fees incurred in connection therewith;
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j (b) Contractor will promptly pay any judgment rendered against the
City, its officers, agents or employees for any such claims or liabilities arising out of or in
connection with the negligent performance of or failure to perform such work, operations or
activities of Contractor hereunder; and Contractor agrees to save and hold the City, its officers,
agents, and employees harmless therefrom;
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(c) In the event the City, its officers, agents or employees is made a
party to any action or proceeding filed or prosecuted against Contractor for such damages or other
claims arising out of or in connection with the negligent performance of or failure to perform the
work, operation or activities of Contractor hereunder, Contractor agrees to pay to the City, its
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officers, agents or employees, any and all costs and expenses incurred by the City, its officers,
agents or employees in such action or proceeding, including but not limited to, legal costs and
attorneys'fees.
4.3 Payment Bond. Concurrently with execution of this Agreement,
Contractor shall deliver to City a payment bond in the sum of the amount of this Agreement,in the
form provided by the City, which secures the faithful performance of this Agreement,unless such
requirement is waived by the Contract Officer. The bond shall contain the original notarized
signature of an authorized officer of the surety and affixed thereto shall be a certified and current
copy of his power of attorney. The bond shall be unconditional and remain in force during the
entire term of the Agreement and shall be null and void only if the Contractor promptly and
faithfully performs all terms and conditions of this Agreement. (Performance bond requirement
waived—see EXHIBIT"D')
4.4 Sufficiency of hismer or Surety. Insurance or bonds required by this
' Agreement shall be satisfactory only if issued by companies qualified to do business in California,
rated "A" or better in the most recent edition of Best's Key Rating Guide or in the Federal
f Register, unless such requirements are waived by the City Manager or designee of the City
Manager due to unique circumstances. In the event the City Manager determines that the work or
services to be performed under this Agreement creates an increased or decreased risk of loss to the
City,the Contractor agrees that the minimum limits of the insurance policies and the performance
bond required by this Section 4 may be changed accordingly upon receipt of written notice from
the City Manager or designee; provided that the Contractor shall have the right to appeal a
determination of increased coverage by the City Manager to the City Council of City within ten
(10) days of receipt of notice from the City Manager.
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5.0 TERM 5.1 Term. 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 5 working days from the date specified in the notice to proceed.Working days
does not include the time period needed to order materials.
6.0 MISCELLANEOUS
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6.1 Covenant Against Discrimination. Contractor covenants that, by and for
itself, its heirs, executors, assigns and all persons claiming under or through them,that there shall
be no discrimination against or segregation of,any person or group of persons on account of race,
color, creed, religion, sex, marital status, national origin, or ancestry in the performance of this
Agreement. Contractor shall take affirmative action to ensure that applicants are employed and
that employees are treated during employment without regard to their race, color,creed, religion,
sex, marital status, national origin or ancestry.
6.2 Non-liability of City Officers and Employees. No officer or employee of
the City shall be personally liable to the Contractor, or any successor in interest,in the event of any
default or breach by the City or for any amount which may become due to the Contractor or to its
' successor, or for breach of any obligation of the terms of this Agreement.
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6.3 Conflict of Interest. No officer or employee of the City shall have any
jfinancial interest, direct or indirect, in this Agreement nor shall any such officer or employee
participate in any decision relating to the Agreement which effects his financial interest or the
financial interest of any corporation,partnership or association in which he is,directly or indirectly
interested, in violation of any State statute or regulation. The Contractor warrants that it has not
aid or,given and will not a or give an third art an money or other consideration for
p � pay gl Y party Y Y
obtaining this Agreement.
6A Notice. Any notice, demand, request, document, consent, approval, or
communication 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 prepaid,first-class mail,in the case of the
City,to the City Manager and to the attention of the Contract Officer,CITY OF PALM SPRINGS,
P.O. Box 2743, Palm Springs, California 92263, and in the case of the Contractor,to the person at
the address designated on the execution page of this Agreement.
6.5 Intemretation. The terms of this Agreement shall be construed in
accordance with the meaning of the language used and shall not be construed for or against either
party by reason of the authorship of this Agreement or any other rule of construction which might
otherwise apply.
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6.6 Integration; Amendment. It is understood that there are no oral
agreements between the parties hereto affecting this Agreement and this Agreement supersedes
j and cancels any and all previous negotiations, arrangements, agreements and understandings, if
i any, between the parties, and none shall be used to interpret this Agreement. This Agreement
may be amended at any time by the mutual consent of the parties by an instrument in writing.
6.7 Severability. In the event that part of this Agreement shall be declared
invalid or unenforceable by a valid judgment or decree of a court of competent jurisdiction, such
invalidity or unenforceability shall not affect any of the remaining portions of this Agreement
which are hereby declared as severable and shall be interpreted to carry out the intent of the parties
hereunder unless the invalid provision is so material that its invalidity deprives either party of the
basic benefit of their bargain or renders this Agreement meaningless.
6.8 Waiver. No delay or omission in the exercise of any right or remedy by a
nondefaulting party on any default shall impair such right or remedy or be construed as a waiver.
A party's consent to or approval of any act by the other party requiring the party's consent or
approval shall not be deemed to waive or render unnecessary the other party's consent to or
approval of any subsequent act. Any waiver by either party of any default must be in writing and
shall not be a waiver of any other default conceming the same or any other provision of this
Agreement.
6.9 Attorneys'Fees. If either party to this Agreement is required to initiate or
defend or made a party to any action or proceeding in any way connected with this Agreement,the
iprevailing party in such action or proceeding, in addition to any other relief which may be granted,
whether legal or equitable, shall be entitled to reasonable attorney's fees,whether or not the matter
proceeds to judgment.
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6.10 Corporate Authority. The persons executing this Agreement on behalf of the
parties hereto warrant that (i) such party is duly organized and existing, (ii) they are duly
authorized to execute and deliver this Agreement on behalf of said party,(iii)by so executing this
Agreement,such party is formally bound to the provisions of this Agreement, and(iv)the entering
into this Agreement does not violate any provision of any other Agreement to which said party is
bound.
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SIGNATURES ON NEXT PAGE
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IN WITNESS WHEREOF,the City and the Contractor have caused this Agreement to be executed the day
and year first above written:
Date
ATTEST:
CITY OF PALM SPRINGS,
CALIFORNIA By
City anager
By`
City Clerk Date
APPROVED AS TO F
By APPROVED BY DEPARMENT HEAD
ity Attor ey ,�� .�r�.�?';' � 1
Date
APPROVED BY ZCUCOUNCIL:
CONTENTSAPPROVED:
B �
Date
Y
City Engineer
Agreem t No.
Corporations require two notarized signatures:One signature must be from Chairman of Board,President,or
any Vice President. The second signature must be from the Secretary, Assistant Secretary, Treasurer,
Assistant Treasurer,or Chief Financial Officer.
Ci CONTRACTOR: Name: eckbne_�� Individual_Partnership�Corporation
Ad SP if 6Y16 0
6 f' Z
By, By.
Signature(notarized) gn notarized)
Name: ` � JG Name: V VL.;\'
�, Title: � Title:
(This Agreement must be signed in the above space This Agreement must be signed in the above space
by one of the following: Chairman of the Board, by one of the following: Secretary;Chief Financial
President or any Vice President) Officer or any Assistant Treasurer)
i State of C0.,i- iLNVI�\ C - State of(1-et,y-�UjyV6ck
CountyofR\�j2 rS'vU ❑ss
Countyof 1Z'Jl -iss
On /W), On /V N[-t A, ':24 1( 111
before me, V i h p�,�Ai)� -wA,i "ktbefore me,lme,
personally appeared rA y personally appeared VL) vt uk
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) is/are evidence to be the person(s) whose name(s) is/are
subscribed to the within instrument and subscribed to the within instrument and
acknowledged to me that he/she/they executed the acknowledged to me that he/she/they executed the
s same in his/her/their authorized capacity(ies), and same in his/her/their authorized capacity(ies), and
that by his/her/their signatures(s)on the instrument that by his/her/their signatures(s)on the instrument
the person(s),or the entity upon behalf of which the the person(s),or the entity upon behalf of which the
person(s)acted, executed the instrument. person(s)acted, executed the instrument.
I certify under PENALTY OF PERJURY under the I certify under PENALTY OF PERJURY under the
j 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.
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WITNESS in
Notary Signature: Notary uftA�'
y han and official sea WITNESS my han and official seal.
�/j�j-G( j� ry Signature
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Notary Seal: Notary Seal:
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LAURA ANN DAVENPORT LAURA ANN DAVENPORT
COMMConmlabn# 1992178 Wy ukn 1992179
NMV Pubk-CaNlorda Noetary PuWk-CalNonda
Riwalda Cm" 6Rlwn dt County
Comm, See 21.2016+ Carrot. 9 24.2010J
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EXHIBIT "A"
SCOPE OF WORK
Provide Traffic Control,sawcut and remove 2"AC,excavate and remove 4"thick,and construct 6"
ribbon gutter 230' x 3' wide over compacted native material per Exhibit C.
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All work to be pursuant to Plan titled"Demuth Park East Parking Lot.
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EXHIBIT HB„
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SCHEDULE OF COMPENSATION
Lump Sum $7,870.00
Total
$7,870.00
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EXHIBIT "C"
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PLAN
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MESQUITE AVENUE
223' +
j pFnMUTN PARR j
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STOP �,=As PARKIN6l.oT
1 0 I STOP
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12 81' 10' 28'
9 9 9 9 9 9 9 9 9 9 9 9 9 9 9 9 1 9 9
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3 1
2s2'
^�' R R189oN 6o7TfR ^i
9' i 9' 9' 9' 9' I 9' 9' 9' I 9'
72'- 81' -- 9' 22' 490'
STRIPING
- �4" SOLID WHITE LINE (THERMOPLASTIC)
TYPICAL
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EXHIBIT "D„
SPECIAL REQUIREMENTS
City hereby waives Section 4.3 as a requirement of this Agreement.
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