HomeMy WebLinkAbout10/7/2015 - STAFF REPORTS - 2.AA.Citv Council Staff Report
DATE: October 7, 2015 CONSENT CALENDAR
SUBJECT: AWARD A CONSTRUCTION CONTRACT TO GOLDEN VISTA
CONSTRUCTION INC., A CALIFORNIA CORPORATION, DBA GOLDEN
VALLEY CONSTRUCTION, IN THE AMOUNT OF $346,141 FOR THE
TAHQUITZ CREEK TRIANGLE GATEWAY, CITY PROJECT NO. 14-16
FROM: David H. Ready, City Manager
BY: Public Works & Engineering Department
SUMMARY
Award of this contract will allow the City to proceed with construction of the Tahquitz
Creek Triangle Gateway, City Project No. 14-16.
RECOMMENDATION:
1. Award a construction contract (Agreement No. ) to Golden Vista Construction,
Inc., a California corporation, dba Golden Valley Construction, in the amount of
$346,141 for the Tahquitz Creek Triangle Gateway, City Project No. 14-16; and
2. Authorize the City Manager to execute all necessary documents.
STAFF ANALYSIS:
On November 6, 2013, the City Council approved Agreement No. 6445 with MSA
Consulting, Inc. for "On -Call Civil Engineering Design Services".
In July 2014, the City Council Subcommittee (Foat/Lewin) directed staff to initiate the
development of a preliminary conceptual plan for the Project, using an on -call
engineering firm. Staff received a proposal from MSA Consulting, Inc., in the amount of
$23,500 to develop the preliminary conceptual plan. Under the City Manager's
signature authorization, MSA Consulting's proposal was approved and development of
the conceptual plan was initiated.
On December 17, 2014, the City Council approved an increase of $9,000 to MSA
Consulting's proposal for a hydrology study to support a request to Riverside County
Flood Control (RCFC) to approve the concept of converting the surface drainage across
ITEM NO. WD CPl
City Council Staff Report
October 7, 2015 -- Page 2
Award of CP14-16, Tahquitz Creek Triangle Gateway
the property to an underground storm drain system. Staff received a letter of support
from RCFC on December 30, 2014, included as Attachment 1.
On February 2, 2015, staff met with the City Council Subcommittee to review the
conceptual plan, and was directed to proceed with final design.
On March 4, 2015, the City Council approved a proposal with MSA Consulting to deliver
final design plans and construction estimate for the Project, at a cost of $36,000. The
construction of this Project will convert the existing open surface flow to an underground
storm drain system to improve the RCFC-owned triangle parcel as a trail head; extend
the multi -use path along North Riverside Drive and add new landscaping. CVLink
improvements such as: charging station, shade structures, associated hardscape,
lighting, electrical design, benches and other amenities are being deferred to CVAG to
install as part of the CVLink Project. A location map is provided below.
A vicinity map illustrating a 500-ft radius from the Project is included in Attachment 2.
During the final design plan, staff has maintained coordination with RCFC and initiated
the process to obtain a formal encroachment permit to improve the existing drainage at
the site for the proposed trail head facility use. The cooperative agreement will identify
shared operation and maintenance arrangements between RCFC and the City for the
anticipated uses at the trail head.
02
City Council Staff Report
October 7, 2015 -- Page 3
Award of CP14-16, Tahquitz Creek Triangle Gateway
A Minor Architectural Application (MAA) was submitted to the Architectural Advisory
Committee (AAC) to review the new landscaping and extension of the multi -purpose
trail (Case No. 3.3877). As described in the staff report to the AAC, the Project includes
installation of a Class 1 multi -use trail as an extension of the existing Tahquitz Creek
trail located along North Riverside Drive. Currently the trail terminates at Calle Palo
Fierro with the new pathway extending west and north along North Riverside Drive to
end at the intersection of South Palm Canyon Drive and East Sunny Dunes Road. The
Project will convert a neglected parcel and improve it with pedestrian connections and
new landscaping. On June 22, 2015, the AAC recommended approval of the Project,
and the Director of Planning Services issued the MMA approval for the Project.
The Project area located south of Riverside Drive between the street curb and the
Tahquitz Creek Wash is currently landscaped with 23 Desert Willow trees, Oleander
and other underbrush. The triangle parcel adjacent to South Palm Canyon Drive
contains several mature palm trees, an asphalt drainage ditch, and sand. The Project
will remove the ditch, realign sidewalks, and includes modification of the existing traffic
signal, and construction of new curb and gutters.
The new Class 1 trail will be 14 feet wide with a 3 foot shoulder on each side consisting
of colored concrete to match existing. The construction of the trail will require the
removal of existing vegetation including mature Desert Willow trees. These trees will be
replaced with new plantings including 17 Desert Willow; 32 California Fan Palms; and
175 shrubs consisting of Desert Marigold, Creosote Bush, and Range Ratany.
The construction drawings for the Tahquitz Creek Triangle Gateway, City Project No.
14-16, (the 'Project'); on July 15, 2015, the City Council approved the plans,
specifications and estimate and authorized staff to advertise and solicit bids the Project.
Subsequently, on September 3, 2015, the Procurement and Contracting Division
received five construction bids from the following contractors:
Company
Golden Vista Construction, Inc., dba
Golden Valley Construction
Tyco General Engineering
All American Asphalt
Tri-Star Contracting II, Inc.
Parsam Construction. Inc.
Location
Palm Springs, CA
Rimforest, CA
Corona, CA
Desert Hot Springs, CA
Glendale, CA
Bid Amount
$346,141
$349,948
$477,841
$571,213.50
$709,868
A full bid summary is included as Attachment 3. The final construction estimate was
$375,000.
03
City Council Staff Report
October 7, 2015 -- Page 4
Award of CP14-16, Tahquitz Creek Triangle Gateway
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 Golden Vista Construction, Inc., is registered with the DIR, and is appropriately
licensed.
Golden Vista Construction, Inc., a California corporation, dba Golden Valley
Construction, ("GVC"), of Palm Springs, California submitted the lowest responsive bid.
Staff reviewed the CCS's bid, references, and contractor's license, and found GVC to
be properly licensed and qualified. A construction contract with GVC for the Project is
included as Attachment 4.
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. GVC has an office
located in Palm Springs and is considered a local business.
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 existing highways and streets, sidewalks, gutters, bicycle and pedestrian
trails, and similar facilities; therefore, the Tahquitz Creek Triangle Gateway is
considered categorically exempt from CEQA, and a Notice of Exemption has been
prepared and will be filed with the Riverside County Clerk. A copy of the Notice of
Exemption is included as Attachment 5.
04
City Council Staff Report
October 7, 2015 -- Page 5
Award of CP14-16, Tahquitz Creek Triangle Gateway
FISCAL IMPACT:
A total of $300,000 was previously budgeted for the project through Measure J Capital
Project Fund (Fund 260) for the Project. After deducting incurred expenditures for
administrative and design costs, a balance of $214,781 remained available for the
Project with an estimated construction cost of $375,000. As reported to the City Council
on July 15, 2015, an additional appropriation of approximately $175,000 was anticipated
to fully fund the Project.
On September 24, 2015, the Measure J Commission reviewed the status of several
pending capital projects funded through the Measure J Capital Improvement Fund. At
that time, staff reported a budget shortfall of $165,974 to include sufficient budget for
award of the contract and construction support/administration services. The Measure J
Commission did vote to recommend that the City Council appropriate an additional
budget of $165,974 from the contingency reserve fund held in the Measure J
Unscheduled Capital Projects, Account No. 260-4500-50000, for the Project. Currently,
the balance in this Account is $1,388,833.
Staff recommends that the City Council approve the additional budget of $165,974 from
the contingency reserve fund to be appropriated to the Project in Account No. 260-
4500-59447. On the basis of this additional appropriation, the Project budget and
estimated expenditures are identified in Table 1.
Table of Project Costs Amount
FY 13/14 Measure J Fund $300,000
FY 15/16 Budget Appropriation (Measure J) $165,974
Design Services ($68,886)
Project Administration (through 9/30/15) ($4,322)
Project Administration (Estimated) ($5,000)
Construction Inspection (Estimated) ($15,000)
Construction Contract ($346,141)
Construction Contingency ($25,000)
Remaining Balance $1,625
Table 1
With the City Council's approval of the additional budget appropriation of $165,974 from
the Measure J Capital Improvement Fund contingency reserve, sufficient funding will be
available in Account No. 260-4500-59447 to award the contract.
L1 P
City Council Staff Report
October 7, 2015 -- Page 6
Award of CP14-16, Tahquitz Creek Triangle Gateway
SUBMITTED:
Marcus L. Fuller, MPA, P.E., P.L.S.
Assistant City Manager/City Engineer
Attachments:
1. RCFC Letter of Support
2. Vicinity Map
3. Bid Summary
4. Construction Contract
5. CEQA Notice of Exemption
David H. Read, D
City Manager
10
ATTACHMENT 1
07
WARREN D. W11.1 IAN15
Gelleial 6lanaga-('hef1 Wi[Wer
0
RIVERSIDE COUNTY FLOOD CONTROL
AND N ATER CONSERVATION DISTRICT
Mr. Marcus L. Fuller
City Engineer
City of Palm Springs
3200 F., Tahquitz Canyon Way
Patin Springs, CA 92262
Dear Mr. Fuller:
December 30, 2014
W)S 114IZKI;T ST RLI- f
RIVtR.S11)1 . Ca 1)2501
951 955 I_NA)
PAS `I> 17s8,9965
rriluod or:
Re: Tahquitz Creek Trail Triangle
Gateway Project
1670X6
On behalf of the District, I am writing to express our support for the City of Palm Springs' Tahquitz Creek
Trail Triangle Gateway Project which will establish a trail head on the District's parcel located on South
Palm Canyon Drive and Sunny Dunes Road adjacent to "I ahquitz Creek. The C'ity's consultant has
developed alternatives for consideration that include re-routing the storm flows currently tributary to this
area into an underground system which would allow for the development of the trail head. The
preliminary analysis also recommends that the City address stormwater treatment options for eliminating
polluted runoff into Tahquitz Creek with the installation of Best Management Practices to treat the
hydrocarbon pollutants load associated with the three (3) acre watershed tributary to this site. The City is
proposing to implement this project and is applying for State Department of Water Resources Urban
Streams Restoration Program funds. The District supports the application and implementation of the
project.
Many )cars ago the County Board of Supervisors recognized the trail potential associated with many
District properties. The Board mandated that when and where feasible. practical and safe, the District
enter into cooperative agreements (which explicitly assigns the cost and liability associated vvith all
recreational activities to the partnering agency) that will result in the dual use of District properties.
Based on our past successes and the continuing need for recreation trails throughout the County, the
District is committed to continue to seek these opportunities. Please accept this letter as my support for
the project. Once the project is ready to move forward, please contact the District so we can begin the
final approval process, which will involve the review and approval of the plans, the District's CEQA
action (based on the City's CEQA document) and the development and execution of the cooperative
agreement. Should you have any questions, please feel free to contact Zully Smith, Chief of Operations
and Maintenance Division at 951.955.1280 or email zsmith+q�,rcflood.org.
�;ARRFN
y D. W'ILLIAMS
✓��'/"J.y General Manager -Chief Engineer
cc: Jason Ilkley
Zully Smith
Imad Guirguis 08
ZS:rlp
ATTACHMENT 2
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ATTACHMENT 3
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ITEM DESCRIPTION
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TANOUIU CREEK GATEWAY TRIANGLE PARCEL, CITY PROJECT NO. 1416
GOLDEN VALLEY CONST.
TRYCO
GENERAL ENO.
ALL AMERICAN ASPHALT
UNIT
UNIT PR.
TOTAL
UNIT PR
TOTAL
UNIT PR.
TOTAL
Is
$1C,WO on
HOo0o0C
$6 ON 0o
6B,o000O
$37 265W
S3?.S.
LB
$4Coo Co
$a pop 04
U.C.
Sa 000 OC
$10,400W
$1o40o0C
LB
$25COca
$2 Soo .1
$16900
$1,6.80f
E10900W
51CC.U.
LS
IN WNW
$25 NO Or
S1020000
S10,200W
SSO,OWW
f500'000
sF
$1 Co
In a. .1
$1 Bo
Ill $6200
$t OC
$C, N.N
IF
$800
$4080 OC
$1300
In On of
$580
$2 SIC o1
FA
f25o 0n
$:50 do
$1 BOO n0
51,80000
$1.7000
$1 IN OC
BF
$t 0o
$1610 nC
$4N
$6,Sao oc
$110
$18040L
TON
$12500
3260o Oc
V3500
34700 ON
$12500
$3 wn 01
TON
$3500
$1,225 OC
$]]00
$2 Sae .1
1. on
$0 NO Or
lF
Six Oo
f10]60C
$990n
$a 653 no
$2800
$t U.00
IF
$1200
$i'Vm 0
fax 0o
$1215on1
iMIn
37,560 OC
IF
51500
f3W50C
San oo
$98400C
$,a on
$3, 690 no
EA
S250000
$2 NO 00
$140003
$140.0C
f1 ON on
$1... I
SF
$500
f3,90500
$ID00
$I.lO.1
$x W
$3905 Or
SF
In SO
$108 225 00
In 5O
SIOS22500
$610
$,or xu5 do
lF
A`. On
$1271 On
$40500
$6.8.5 no
H6500
$1 Nis CC
LS
$a 0.0 u0
H,WOOC
HNu So
$4 NO .1
$2 525 00
1 $2525 OC
EA
$I No 00
19 WOW
$3 ago To
$1 Noo no
$7 CN 00
$7.6do
LF
Vic CO
$t O,40o 0o
INN
$1, Mo 01
$10500
S168000C
LS
S300W 00
IN ON
$1 B00N
$S BW OC
$10795 on
$10 795 OC
LS
$TWOOn
$?WOW
$3000On
$3...0
f?SnO OC
$2 NO do
LS
$1, 1. On
616 Coo
HO No 00
$10 No to
$184W 00
ve aeo oc
LS
$600o 00
$B WOW
$120W 06
$12,W000
$5304600
$S3,WSOC
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fa4 No.
14a No On
III No 00
iT1.Wo 0C
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$3o0W
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$6,Wo oo
$1 NO5 Oo
$36a50C
AL
$25 ON GO
$250WW
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$50.1 aC
$x Nor 00
S5000W
TOTAL= $W.141.00 $349,948.00
1 2
&0 Opening: SeplenNar 3, M15
TIC -STAR CONTRACTING II, INC.
UNITPR.
TOTAL
1. .1 CD
$34.Al OC
$19J04 OD
SIC'. do
$n"IN
$0711.1
Sol 120 o0
M712o nC
$2 ]9
$11 Ord 11
$e 04
H,10040
$1 881 o0
$1.10C
$239
$191P 61
sm, no I
$6.020 W
$9600 I
$3,36000
$,a 00
$1 ao9W
$168.
f],T]e W
U598
$5,325 v0
$6 Old
$5.016W
In 50
sii CO
$1 ao
$1 pi s60 oo
Tono on
$Ie ROW
H 55100
H,55IPo
$1281100
1-e11 W
$11, W
$n oe0 W
113,13,00
$1],13]W
$3, 113W
$3,113W
IN ON nC
IN ON
H?81900 I
$42619W
E696200.
$8 AN on
S5,64100 I
$5.1 W
$25 NO CO
$5 NO oC
S177,1i $571,213.50
3 4
PARSAM CONSTRUCTION, INC.
UNIT PA.
TOTAL
So' ON Co
$3C ON do
$2.... oo
IN ON 06
IS NO CO
$65o00r
Ht No do
$41 NO OC
$100
$65900E
HOO
f2,o4001
$750W
SIN Or
$100
$164o 0C
E255w
$4 Too OC
$,OOW
$3 NO OC
HO do
$, 490 or
$3500
$3 a500C
$300o
f61500r
5600000
$e ON no
$800
SO 24601
111 n0
$:1645000
Poo on
$1 ON or
$3 inn 0
$I BSO Of
5935000
$a 350 no
$2. on
$43 Sm 0C
$124600o
$124eo OC
$300000
$3'CN 0C
E16.OW 00
11S WOOL
$BB W0 o0
$66 Co. OC
6RZ SWW
$121 sgo no
$3 UOO 00
$1 ON oC
$25.030DO
$s 000 00
$209,966A0
5
Minimum
Awned Unit Maximum Unit
Low Bidder
US,
P,
Pnn
PNee
Up. Price
$6Cup 001
124.95120
S3T265 On
$6 ON o0
a<'Cao 001
$n Sao 80
520 ON 0O
HOo0 o0
$1Car 001
$6,60060
$1. 900W
$2 SOU 0C
310,20o.1
Nn,S" N
$B], 110W
$CC on CC
f10ol
$162
$279
$100
f4 Co
$]]3
$1]W
so 00
f250 00I
$1,2SO26
$1801W
V.N
$1001
SI f0
$4 Co
$1 W
$125 On
$21uN
$3n1 OO
$1N 00
Ml.1
IN 4.
$iCnW
$3500
S28 W1
H680
IN on
IN On
$22.1
S31 T6
$45 W
$22 CO
$15 W1
$2140
$4eW
$16H
$2 No WI
14117M
$7400W
62 NO 00
f5 W1
1'r 3o
S10W
$5 or
EE 101
$782
$13W
.51
S750C1
H61 u0
$Cp0on
$75 on
$2125 NJ
$382640
H551W
Ina No 0C
$3.800 WI
$a 51920
$12811W
S9 Cw On
IN W1
$13520
f94W
$p5O0
$1 IN W1
$14, 41240
SMCOCCo
$MHO 00
$256o W1
$1134e0
$r Con
E100000
HOON WI
$IS W120
$20old on
$15 NO 00
se 000 W1
HO IN a.
U.O.O.
IS NO N
$W COO WI
S11.064W
$1. NO CO
HB ON OC
$1 IN W1
s464920
H,000on
$3 No CO
$25 WO W1
$21 WO n0
S250WW
$2500000
I, Co. .1
$5 ON C
$S OOOW
$s pop On
ATTACHMENT 4
13
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 Golden Vista
Construction. Inc.. a California corporation. dba Golden Vallev Construction, hereinafter
designated as the Contractor.
The City and the Contractor, in consideration of the mutual covenants hereinafter set forth, agree
as follows:
Ulzt111L81,41ml:I=11i V 21
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:
TAHQUITZ CREEK GATEWAY TRIANGLE PARCEL
CITY PROJECT NO. 14-16
The Work includes development of a new Tahquitz Creek bike path gateway at the southeast
comer of S. Palm Canyon Drive and Sunny Dunes Road, requiring removal of existing
improvements and construction of a new underground storm drain system, concrete bike path,
curb and gutter, sidewalk, modified access ramp, asphalt pavement, modifying existing irrigation
systems, removal and installation of landscaping, relocation of traffic signal equipment, modifying
landscape lighting and electrical system, traffic striping and signage, 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.
TAHOUITZ CREEK GATEWAY TRIANGLE PARCEL
CITY PROJECT NO 14-16
RM
JULY 27, 2015 AGBONDS -PAGEI
AGREEMENT AND BONDS-PAGE1
14
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 Three Hundred Fortv Six Thousand One Hundred Forty One Dollars ($346.141).
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 01 to 02, 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.
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.
TAHQUITZ CREEK GATEWAY TRIANGLE PARCEL
CITY PROJECT NO. 14-16 AGREEMENT FORM
JULY 27, 2015 AGREEMENT AND BONDS - PAGE 2
15
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.
ARTICLE 9 -- NON-DISCRIMINATION
The Contractor represents and agrees that it does not and will not discriminate against any
subcontractor, consultant, employee, or applicant for employment because of race, religion,
color, sex, or national origin in any matter including without limitation employment upgrading,
demotion, transfers, recruitment, recruitment advertising, layoff, 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 parry 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
TAHQUITZ CREEK GATEWAY TRIANGLE PARCEL
CITY PROJECT NO. 14-16
JULY 27. 2015
AGREEMENTFORM
AGREEMENT AND BONDS - PAGE 3
16
IN WITNESS WHEREOF, the City and the Contractor have caused this Agreement to be
executed the day and year first above written.
CITY OF PALM SPRINGS,
CALIFORNIA
ATTEST:
M
David H. Ready
City Manager
James Thompson
City Clerk
APPROVED AS TO FORM:
am
Douglas Holland
City Attorney
RECOMMENDED:
By
Marcus L. Fuller, PE, PLS
Assistant City Manager/City Engineer
TAHOUITZ CREEK GATEWAY TRIANGLE PARCEL
CITY PROJECT NO. 14-16
JULY 2T 2015
APPROVED BY THE CITY COUNCIL:
Date
Agreement No.
AGREEMENTFORM
AGREEMENT AND BONDS - PAGE 4
17
CONTRACTOR
By: Golden Vista Construction, Inc., a California corporation,
dba Golden Vallev Construction
Firm/Company Name
By: Bw
Signature (notarized) Signature (notarized)
Name: Name:
Title: Title:
A notary public or other officer completing this certificate verifies only the identity of the individual who
signed the document to which this certificate is attached, and not the truthfulness, accuracy or validity of
that document.
(This Agreement must be signed in the above
space by one having authority to bind the
Contractor to the terms of the Agreement.)
State of )
County of )ss
On
before me,
personally appeared
who proved to me on the basis of satisfactory
evidence to be the person(s) whose name(s)
is/are subscribed to the within instrument and
acknowledged to me that he/she/they executed
the same in his/her/their authorized capacity(ies),
and that by his/her/their signatures(s) on the
instrument the person(s), or the entity upon behalf
of which the person(s) acted, executed the
instrument.
I certify under PENALTY OF PERJURY under the
laws of the State of California that the foregoing
paragraph is true and correct.
WITNESS my hand and official seal.
Notary Signature:
Notary Seal:
TAHOUITZ CREEK GATEWAY TRIANGLE PARCEL
CITY PROJECT NO. 14-16
JULY 27, 2015
(This Agreement must be signed in the above
space by one having authority to bind the
Contractor to the terms of the Agreement.)
State of )
County of )ss
On
before me,
personally appeared
who proved to me on the basis of satisfactory
evidence to be the person(s) whose name(s)
is/are subscribed to the within instrument and
acknowledged to me that he/she/they executed
the same in his/her/their authorized capacity(Ies),
and that by his/her/their signatures(s) on the
instrument the person(s), or the entity upon behalf
of which the person(s) acted, executed the
instrument.
I certify under PENALTY OF PERJURY under the
laws of the State of California that the foregoing
paragraph is true and correct.
WITNESS my hand and official seal.
Notary Signature:
Notary Seal:
AGREEMENTFORM
AGREEMENT AND BONDS - PAGES
ATTACHMENT 5
19
Notice of Exemption
To: ❑ Office of Planning and Research
PO Box 3044, 1400 Tenth Street, Room 212
Sacramento, CA 95812-3044
County Clerk
County of Riverside
P.O. Box 751
Riverside, CA 92502-0751
Form D
From: (Public Agency's City of Palm Springs
3200 E. Tahquitz Canyon Way
Palm Springs, CA 92262
(Address)
Project Title: Tahquitz Creek "Triangle Parcel" Trail Head
Project Location - Specific:
Palm Springs, Section 23, T4S, R4E, APN 508-161-002, south-east corner of South Palm
Canyon Drive and Sunny Dunes Road, north of Tahquitz Creek Channel.
Project Location —City: palm Springs
Description of Project:
Project Location — County: Riverside
The project consists of replacement of an existing under -sidewalk drain, removal of
existing asphalt concrete drainage swale, installation of 8" reinforced concrete pipe
storm drain, and connection to the existing outlet structure at Tahquitz Creek
Channel.
Name of Public Agency Approving Project: City of Palm Springs
Name of Person or Agency Carrying Out Project: City of Palm springs
Exempt Status: (checkone)
❑ Ministerial (Sec. 21080(b)(1); 15268);
* Declared Emergency (Sec. 21080(b)(3); 15269(a));
❑ Emergency Project (Sec. 21080(b)(4); 15269(b)(c));
17 Categorical Exemption. State type and section number:
❑ Statutory Exemptions. State code number:
15301(c) & (a) Existing Facilities
Reasons why project Is exempt:
The project will convert the existing open surface flow to an underground system to
improve the RCFC owned "triangle parcel" as a Trail Head for the future Coachella
Valley Link Bike Path to be constructed by CVAC.
Lead Agency
Contact Person: Savat Khamphou, P.E. Area Code/Telephone/Extension: (760) 323-8253 x 8744
If filed by applicant:
1. Attach cenifium t of exem ion find'
2. Has a Notice ion led by public agency approving the project? ❑ Yes ❑ No
Signature:, Date: Title: Asst.Dir.Public Works
JZ Signed by Lead Agency Date received for filing at OPR:
❑ Signed by Applicant January 2004
Governor's Office of Planning and Research 27
9C