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Home My WebLink About05945 - LASALLE LIGHTING SERVICES INSTALL ACCENT/SECURITY LIGHT AT THE VISITOR'S CENTER 2901 NORTH PALM CANYON DRIVE Page 1 of 1 Kathie Hart From: Diana Shay Sent: December 06, 2011 2:53 PM To: Kathie Hart .0e oh� Subject: RE: A5945 - LaSalle Lighting Services \� Definitely completed, you may close! Thanks, �0 From: Kathie Hart Sent: Tuesday, December 06, 2011 1:14 PM To: Diana Shay Cc: Jay Thompson Subject: A5945 - LaSalle Lighting Services Diana: This agreement is for the security/accent lighting at the visitor's center. The agreement was executed in March 2010. Has this been completed? May I close this agreement file? Please advise. Thx! kwGi Kathie Hart, CMC Chief deputy City Clerk City of Palm Springs 3200 E. Tahquitz Canyon Way Palm Springs, CA 92262 (760) 323-8206 - (760)322-8332 Kathie.Hart@Palm5pringsCA.gov Please note that City Hall is open 8 a.m. to 6 p.m.Monday through 'Thursday,and closed an Fridays at this time, 12/06/11 AGREEMENT THIS AGREEMENT made this av day of—_ >o��- in the year 2010, 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 LaSalle Lighting Services 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 The Contractor shall complete the Work as specified or indicated under the Bid Schedule(s) of the City's Contract Documents entitled: VISITOR'S CENTER LIGHTING PROJECT The Work is generally described as follows: Installation of security/accent lighting at the Palm Springs Visitor's Center at 2901 North Palm Canyon Drive in Palm Springs, California. 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 of $ 330.00 for each calendar day that expires after the time specified in Article 2, herein. ARTICLE 3 -- CONTRACT PRICE $14, 900.00 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 and Bid Schedule(s). ORIGH', "q AND/OR iiZ R AENT 1 ARTICLE 4 --THE CONTRACT DOCUMENTS The Contract Documents consist of the Notice Inviting Bids, Instructions to Bidders, the accepted Bid and Bid Schedule(s), List of Subcontractors, Non-collusion Affidavit, Bidder's General Information, Bid Security or Bid Bond, this Agreement, Worker's Compensation Certificate, Performance Bond, Payment Bond, Standard Specifications, Special Provisions (Exhibit "A"), the Drawings, Addenda numbers 0 to 1 , inclusive, and all 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 -- 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 Engineer or the City as provided in the Contract Documents. ARTICLE 6 -- NOTICES Whenever any provision of the Contract Documents requires the giving of a written Notice, 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 7 -- 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 Y g 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. IN WITNESS WHEREOF, the City and the Contractor have caused this Agreement to be executed the day and year first above written. 2 ATTEST: CITY OF PALM SPRINGS, CALIFORNIA City Clerk B _;n . APPROVED AS TO FORM: City Ma er Date By City Attorney APPROVED BY CITY MANAGER Date 3, 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. CONTRACTOR: Name: L�� J�i� ;ra��_k Check one: .Individual_Partnership Acorporation Address: AL; 9 By. . Signature(notarized) Signature (notarized) Name: (2642,q Name: =Lb ; Title: ` Title: (This Agreement must be signed in the above This Agreement must be signed in the above space by one of the following: Chairman of the space by one of the following: Secretary, Chief Board, President or any Vice President) Financial Officer or any Assistant Treasurer) State of i 1 State of 11 County of iiss County of �� S�aC Liss 3 On On MARc C� 10 before me, - beforeme,Ea4 personally appeared 4� M LA)ASOV personally appeared J"mTR I-, 6SMIE 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 instrument the person(s), or the entity upon behalf 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 I certify under PENALTY OF PERJURY under the the laws of the State of California that the laws of the State of California that the foregoing 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: Z� Notary Seal: Notary Seal: MANY KATHLEEN NISBET MARY KATWEEN MiMMSSET commission# 1500904 Commies"•1800904 Notary Pubk-CW tor* Notary PV MI$.Calls"" Rlwrso Cou" Riwrsms Cowry My Comm.Expires Jul 6.2012 Mif Comm,E rss Jut 6 2 4 EXHIBIT "A" SPECIAL PROVISIONS Business License,Requirement: Contractor shall possess a valid City of Palm Springs Business License throughout the term of this agreement. 5.3 Performance Bond - Performance Bond requirement is hereby deleted. The following section 5.3 Payment Bond is hereby added: 5.3 Payment Bond: - Concurrently with execution of this Agreement, Contractor shall deliver to Agency a payment bond (Material and Labor Bond) in the sum of the amount of this Agreement, in the form provided by the City Clerk, to satisfy claims of material suppliers and mechanics and laborers employed by Contractor on the work. The bond shall contain the original notarized signature of an authorized officer of the surety and affixed thereto shall be certified and current copy of his power of attorney. The bond shall be unconditional and remain in force until the work is accepted by Agency and until all claims for materials and labor are paid, and shall otherwise comply with the Civil Code All work shall be performed in accordance with the "Greenbook" Standard Specifications for Public Works Construction, 2006 edition. 6 CERTIFICATE OF INSURANCE THIS CERTIFICATE ISSUED TO THE OWNERIAGENTS LISTED BELOW DESIGNATED BY THE CONTRACT WITH THE INSURED NAME AND ADDRESS OF INSURED INSURANCE COMPANIES AFFORDING COVERAGE COMPANY A B C D TYPE OF WORK PERFORMED AND LOCATION , LIMITS OF LIABILITY IN THOUSANDS(x1000) W. TYPE OF INSURANCE POLICY NUMBER EACH OCCURRENCE AGGREGATE COMPREHENSIVE GENERAL LIABILITY Including: $ $ ❑ EXPLOSION AND COLLAPSE BODILY INJURY $ $ ❑ UNDERGROUND DAMAGE PROPERTY DAMAGE ❑ PRODUCTSlCOMPLETED OPERATIONS or ❑ CONTRACTUAL INSURANCE ❑ BROAD FORM PROPERTY DAMAGE BODILY INJURY AND $ $ PROPERTY ❑ INDEPENDENT CONTRACTORS DAMAGE COMBINED ❑ PERSONAL INJURY PERSONALINJURY $ COMPREHENSIVE AUTOMOBILE BODILY INJURY LIABILITY EACH PERSON $ Including: EACH ACCIDENT ❑ OWNED $ PROPERTY DAMAGE ❑ HIRED ❑ NON-OWNED Or BODILY INJURY ElMOTOR CARRIER ACT AND PROPERTY $ DAMAGE COMBINED EXCESS LIABILITY BODILY INJURY Including: AND PROPERTY DAMAGE COMBINED $ ElEMPLOYER'S LIABILITY WORKER'S COMPENSATION STATUTORY and EMPLOYER'S LIABILITY Including: EL $ (EACH ❑ LONG SHOREMEN'$AND HARBOR WORKERS OTHER ADDITIONAL INSURED ENDORSEMENT--CITY OF PALM SPRINGS The undersigned certifies that he or she is the representative of the above-named insurance companies,that he or she has the authority to execute and issue this certificate to Certificate Holder,and accordingly,does hereby certify on behalf of said insurance companies that policies of insurance listed above have been issued to the insured named above and are in force at this time. Notwithstanding any requirement,term,or condition of any contract or other document with respect to which this Certificate may be issued or may pertain,the insurance afforded by the policies described herein is subject to at the terms,exclusions,and conditions of such policies. Copies of the policies shown will be furnished to the Certificate Holder upon request. This Certificate does not amend,extend,or alter the coverage afforded by the policies listed. Cancellation:Should any of the above described policies be cancelled before the expiration date thereof,the issuing company will mail 30 days written notice to the below-named certificate holder: NAME AND ADDRESS OF ADDITIONAL INSURED DATE ISSUED BY AUTHORIZED REWESENTATry OF JN$WRANDE CDWMIES-DING COVE OE AWRESS 7 SUMMARY OF INSURANCE REQUIREMENTS FOR CITY CONTRACTS Instructions to Contractors/Vendors/Service Providers: Prior to commencing any work, all contractors, vendors and service providers shall procure and maintain, at their own cost and expense for the duration of their contract with the City, appropriate insurance against claims for injuries to persons or damages to property which may arise from or in connection with the performance of the work or services. The types of insurance required and the coverage amounts are specified below: A. Minimum Scope of Insurance Required 1. General Liability Insurance is required whenever the City is at risk of third-party claims which may arise out of work or presence of a contractor, vendor and service provider on City premises. 2. Automobile Liability Insurance is required only when vehicles are used by a contractor, vendor or service provider in their scope of work or when they are driven off-road on City property. Compliance with California law requiring auto liability insurance is mandatory and can not be waived. 3. Workers' Compensation and Employer's Liability Insurances is required for any contractor, vendor or service provider that has any employees at any time during the period of this contract. Contractors with no employees must complete a Request for Waiver of Workers' Compensation Insurance Requirement form. 4. Errors and Omissions coverage is required for licensed or other professional contractors doing design, architectural, engineering or other services that warrant such insurance. B. Minimum Limits of Insurance Coverage Required Under$25,000 Limits TBD by Risk Manager Over$25,000 to $5,000,000 $1 Million per Occurrence/$2 Million Aggregate Over$5 Million Limits TBD by Risk Manager Umbrella excess liability may be used to reach the limits stated above. C. The following general requirements apply: 1. Insurance carrier must be authorized to do business in the State of California. 2. Insurance carrier must have a rating of or equivalent to B++, VII, by A.M. Best Company. 3. Coverage must include personal injury, protective and employer liability. 4. Certificate must include evidence of the amount of any deductible or self-insured retention under the policy. 5. Contractor's general liability and automobile insurance coverage must be primary and non- contributory over any insurance the City may maintain, that is, any such City insurance shall be excess to limits stated in the certificate. D. Verification of Insurance coverage may be provided by: (1) an approved General and/or Auto Liability Fndorsement Form for the City of Palm Springs or (2) an acceptable Certificate of 8 Liability Insurance Coverage with an approved Additional Insured Endorsement (see attached) with the following endorsements stated on the certificate: 1. "The City of Palm Springs, its officials, employees and agents are named as an additional insured" ("as respects a specific contract" or "for any and all work performed with the City" may be included in this statement). 2. "This insurance is primary and non-contributory over any insurance or self-insurance the City may have" ("as respects a specific contract" or"for any and all work performed with the City" may be included in this statement). 3. "Should any of the above described policies be canceled before the expiration date thereof, the issuing company will mail 30 days written notice to the Certificate Holder named." Language such as, "endeavor to" mail and "but failure to mail such notice shall impose no obligation or liability of any kind upon the company, its agents or representative" is not acceptable and must be crossed out. See Example A below. 4. Both the Workers' Compensation and Employers' Liability policies shall contain the insurer's waiver of subrogation in favor of City, its elected officials, officers, employees, agents and volunteers. See Example B below. In addition to the endorsements listed above, the City of Palm Springs shall be named the certificate holder on the policy. All certificates and endorsements are to be received and approved by the City before work commences. All certificates of insurance must be authorized by a person with authority to bind coverage, whether that is the authorized agent/broker or insurance underwriter. Failure to obtain the required documents prior to the commencement of work shall not waive the contractor's obligation to provide them. E. Acceptable Alternatives to Insurance Indust Certificates of Insurance: • A copy of the full insurance policy which contains a thirty (30) days' cancellation notice provision (ten (10) days for non-payment of premium) and additional insured and/or loss- payee status, when appropriate, for the City. • Binders and Cover Notes are also acceptable as interim evidence for up to 90 days from date of approval 9 F. Endorsement Language for Insurance Certificates .....................................................................-............_.........._...._................................................................................................................................................................................. SHOULD ANY OF THE ABOVE-REFERENCED POLICIES BE......................I. CANCELLED BEFORE THE EXPIRATION DATE THEREOF, THE . Example A: ISSUING INSURER WILL €fC°��0 MAIL 30 DAYS* WRITTEN 1 NOTICE TO THE CERTIFICATE HOLDER NAMED HEREIN BUT . i FAII=LJRF= TO MAIL SUCH NIG-TAGE SHALL IMPOSE NO OBLIGATIGN OR LIA916ITY OF ANY KIND WPON THE INSURER, ITS AGENT-S-GR REPRESENT—ATIVES. *The broker/agent can include a qualifier stating "10 days notice for nonpayment of premium." .............................................................................................................................._.........................................................................._........................................................................................................__....... .. ...................................................._...._................................................................................................................................................................................................................ ............ "IT IS UNDERSTOOD AND AGREED THAT THE COMPANY WAIVES THE RIGHT OF SUBROGATION AGAINST THE ABOVE Example B: ADDITIONAL INSURED (S), BUT ONLY AS RESPECTS THE JOB OR PREMISES DESCRIBED IN THE CERTIFICATE ATTACHED HERETO." ..............................................................................................................................................................................._..................................................................................................................................... G. Alternative Programs/Self-Insurance. Under certain circumstances, the City may accept risk financing mechanisms such as Risk Retention Groups, Risk Purchasing Groups, off-shore carriers, captive insurance programs and self-insurance programs as verification of insurance coverage. These programs are subject to separate approval once the City has reviewed the relevant audited financial statements and made a determination that the program provides sufficient coverage to meet the City's requirements. THIS SPACE INTENTIONALLY LEFT BLANK 10 �o�pALM,Spy -$A. City of Palm .SP rin. s Community and Economic Development Department * * 3200 E.Tahquicz Canyon Way -Palm Springs,California 92262 he a' TEL:(760)323-8259 •FAX(760).322-8325 -TDD(760)864-9527 �pp04ATED 1 C.1�� XV, Community kedcvelopment Agmq•Community Development Block Grant fi o IR Downtown Development• Economic Development•Housing•Public Art March 3, 2010 Attention: Leigh Ann Gileno, Procurement Specialist II RE: Visitor's Center L" hti Lng pro" -La Salle Lighting Services Dear Leigh Ann: Per our conversation this morning, please note that the schedule for the installation of the lighting project should be clarified as follows.: In the bid documents, the schedule for completion of the work is 10 working days from award of contract. This schedule did not account for the necessity to order the specified lighting fixtures from KIM Lighting. I understand that the delivery of the lighting fixtures may realistically take four to six weeks. Therefore, please revise schedule to state that completion of the work shall be within 5 working days of the Contractor receiving the lighting fixtures. l It is also my understanding that the Contractor will be proceeding with all the underground electrical installations immediately upon notice to proceed so that when the lighting fixtures are delivered the work will have been substantially completed and will only require a few hours to install the light fixtures. Please feel free to contact me if there are any questions or if further clarification is needed. Sincerely, Diana Shay, Redevelopment.Coordinator Post Office Box 2 743 ' Palm Springs, California 92263-2743 BID SCHEDULE (IFB 10-04) Lump Sum Price for Construction of VISITOR'S CENTER LIGHTING PROJECT In Palm Springs, California Item Scope of work as per attached specifications 1. Install 6 linear feet of 1-1/4" conduit with 3#6 conductors & 1 #10 ground 2. Install 550 linear feet of 3/" conduit with 2#12 conductors & 1 #12 ground 3. Install 150 linear feet of conduit with 4#10 conductors & 1 #10 ground 4. Install 60 linear feet of/4" conduit with 2#10 conductors& 1 #10 ground 5. Install 5 flood luminaires 6. Install 4 underground concrete pullboxes#3-1/2 (17.5" x 12.5"x 12.5") 7. Provide new circuit breaker/control enclosure on existing wall 8. Install 2 GFCI receptacle outlets in weatherproof enclosure 9. Furnish and Install twelve (12) 2'-3' diameter boulders 10. and all appurtenant work as indicated on the City approved plans. Note: Quantities are estimated only; contractor shall confirm its own quantities from the plans and bid appropriately. No additional payment will be authorized in the event estimated quantities differ from that required by the plans. This is a lump sum project. TOTAL BID PRICE For the lump sum of$ 14,900.00 (Price in figures) Fourteen Thousand Nine Hundred dollars and no cents (Price in words) (Signatures): Name of firm submitting bid Ile Li htina Services Authorized signature WT Printed name Gary LaSalle Title President Address 68342 Kieley Road City, State, Zip Cathedral City, CA 92234 Telephone No: 760-328-1088 Fax No: 760-321-9685 E-mail GARY(7LASALLELIGHTING.NET ADDENDA ACKNOWLEDGMENT: Acknowledgment of Receipt of any Addenda issued by the City for this RFP is required by including the acknowledgment with your proposal, Failure to acknowledge the Addenda issued may result in your proposal being deemed non-responsive. In the space provided below, please acknowledge receipt of each Addendum: Addendum(s) # 1 is/are hereby acknowledged. 9 REFERENCES The City is seeking a contractor who has the experience and capability to install exterior lighting at the Palm Springs Visitors Center as per the specifications contained herein. A minimum of three (3) references shall be submitted below with the bid, including contact name and phone number, for projects of a similar scope to this Invitation for Bids. 1) Name of firm or agency: GHA Contact Person: Joe Martinez Phone#760-969-1400 Brief description of project: Design and installation of landscape lighting for Bella Clancy Development 2) Name of firm or agency: GHA Contact Person: Joe Martinez Phone #760-969-1400 Brief description of project: Installation of landscape lighting for new Gene Autry Plaza 3) Name of firm or agency: Primus General Contracting Contact Person: Fred East Phone# 760-285-2327 Brief description of project: Installation of Site Lighting for Varner Road Shops 14 CITY OF PALM SPRINGS, CALIFORNIA INVITATION FOR BIDS NO. 10-04 AFFIDAVIT OF NON-COLLUSION STATE OF CALIFORNIA ) ) SS COUNTY OF RIVERSIDE ) The undersigned, being first duly sworn, deposes and says that he or she V�f v of the party making the foregoing bid. That the bid is not made in the interests of;'or on the behalf of, any undisclosed person, partnership company, association, organization, or corporation; that the bid is genuine and not collusive or sham; that the bidder has not directly or indirectly induced or solicited any other bidder to put in a false or sham bid, and has not directly or indirectly colluded, conspired, connived, or agreed with any bidder or anyone else to put in a sham bid, or that anyone shall refrain from bidding; that the bidder has not in any manner, directly or indirectly, sought by agreement, communication, or conference with anyone to fix the bid price of the bidder or any other bidder, or to fix any overhead, profit, or cost element of the bid price, or of that of any other bidder, or to secure any advantage against the public body awarding the contract of anyone interested in the proposed contract; that all statements contained in the bid are true; and, further, that the bidder has not, directly or indirectly, submitted his or her bid price or any breakdown thereof, or the contents thereof, or divulged information or data relative thereof, or paid, and will not pay, any fee to any corporation, partnership, company, association, organization, bid depository, or any other member or agent thereof to effectuate a collusive or sham bid. By Title- Subscribed and sworn to before me this ' day of iTik�c"Z/ 20 A." Notary Publid in and for said County and State '""""""`"""'"Canxirasion LY�NII BOSYYELL COMM.01851140 FIDAWFRM NOTARY PUBLIC•CALIFORNIA� RIVER 0SI0E CIM41 Y MAY 29,20f3 15 A. sA�-z City of Palm Springs � c V cn Community and Economic Development Department + 3200 E.lahquitz Canyon Way • Palm Springs,California 92262 * co q� , TEL:(760)323-8259 • FAX(760)322-8325 • TDD(760)864-9527 RPp kAt E� Community Redevelopment Agency • Community Development Block Grant C/F Q{Z� Downtown Development• Economic Developmcnt • I lousing • Public Arc March 3, 2010 Attention: Leigh Ann Gileno, Procurement Specialist II RE: Visitor's Center Lighting Project-La Salle Lighting Services Dear Leigh Ann: Per our conversation this morning, please note that the schedule for the installation of the lighting project should be clarified as follows: In the bid documents, the schedule for completion of the work is 10 working days from award of contract. This schedule did not account for the necessity to order the specified lighting fixtures from KIM Lighting. I understand that the delivery of the lighting fixtures may realistically take four to six weeks. Therefore, please revise schedule to state that completion of the work shall be within 5 working days of the Contractor receiving the lighting fixtures. It is also my understanding that the Contractor will be proceeding with all the underground electrical installations immediately upon notice to proceed so that when the lighting fixtures are delivered the work will have been substantially completed and will only require a few hours to install the light fixtures. Please feel free to contact me if there are any questions or if further clarification is needed. Sincerely, Diana Shay, Redevelopment Coordinator Post Office Box 2743 9 Palm Springs, California 92263-2743 INVITATION FORBIDS NO. 10-04 FOR VISITOR'S CENTER LIGHTING PROJECT THIS INVITATION FOR BIDS CONSISTS OF THE FOLLOWING: PAGE COVERSHEET.......................................................................................................................... 1 NOTICE INVITING BIDS............................................................................................................ 2 BIDDER'S CHECK LIST............................................................................................................. 3 TERMS & CONDITIONS.........................................................................................................4-6 SCOPE OF WORK AND SPECIAL CONDITIONS ...................................................................7-8 PRICING PAGE (MUST BE MANUALLY SIGNED).................................................................... 9 ATTACHEMENT "A" SPECIFICATION DRAWINGS ........................................................... 10-13 BIDDER'S REFERENCE LIST ................................................................................................. 14 AFFIDAVIT OF NON-COLLUSION........................................................................................... 15 PAYMENT BOND FORM .................................................................................................... 16-17 CONTRACT AGREEMENT.....................................................................................I............ 18-21 WORKER'S COMPESATION CERTIFICATE .......................................................................... 22 EXHIBIT "A" ............................................................................................................................. 23 CERTIFICATE OF INSURANCE SAMPLE DOCUMENT ......................................................... 24 SUMMARY OF INSURANCE REQUIREMENTS FOR CITY CONTRACTS ........................ 25-27 NO RESPONSIBILITY WILL ATTACH TO ANY OFFICER FOR THE PREMATURE OPENING OF OR THE FAILURE TO OPEN A BID NOT PROPERLY ADDRESSED AND IDENTIFIED. MAILING ADDRESS: STREET ADDRESS: City of Palm Springs City of Palm Springs Procurement & Contracting Procurement & Contracting P.O. BOX 2743 3200 E. Tahquitz Canyon Way Palm Springs, CA 92263-2743 Palm Springs, CA 92262 DATE DUE: Thursday, March 2"d, 2010 TIME DUE: 3:00 P.M., Local Time 1 NOTICE INVITING BIDS CITY OF PALM SPRINGS, CALIFORNIA INVITATION FOR BIDS (IFB 10-04) NOTICE IS HEREBY GIVEN that the City of Palm Springs, California, is soliciting informal bids from qualified firms for: VISITOR'S CENTER LIGHTING PROJECT The City of Palm Springs requires a contractor to install exterior lighting at the Palm Springs Visitors Center at 2901 North Palm Canyon Drive in Palm Springs. Please refer to the attached plans for the scope of work required and other details. The engineer's estimate is $22,000. The work requires a contractor with an A or C-10 License to carry out the work. Work shall be performed in accordance with "Greenbook" Standard Specifications for Public Works Construction, in addition to the specifications included in the drawings. A payment (labor/material) bond will be required if you are the selected contractor and enter into an Agreement with the City of Palm Springs. Bids will be received until 3:00 P.M., THURSDAY, March 2, 2010 at the Office of Procurement and Contracting, 3200 Tahquitz Canyon Way, Palm Springs, California, 92262, at which time they will be publicly opened and read in the Procurement and Contracting Office. No Bid will be considered unless it is made on a bid form furnished by the City. Bids must be submitted in sealed envelopes and either hand delivered at the address above, or mailed to: City of Palm Springs, Procurement and Contracting Division, P. O. Box 2743, Palm Springs, California 92263-2743. The City of Palm Springs reserves the right to reject any or all bids and to waive any informality or technical defect in a bid. The receiving time in the Procurement and Contracting Office will be the governing time for acceptability of Bids. Telegraphic and telephonic Bids will not be accepted. It is the responsibility of the Bidder to see that any Bid sent through the mail, or by any other delivery method, shall have sufficient time to be received by the Procurement and Contracting Office prior to the Bid Opening Time. Late Bids will be returned to the Bidder unopened. Availability of Documents: Bid Documents and Specifications may be obtained from the Procurement Office by calling (760) 322-8374, NOTE: Contact Leigh Ann Gileno, Procurement Specialist II, via email at LgighAnn.Gileno(a)Palmsprings-ca.gov to register as a Bidder. Failure to register as a Bidder may result in your firm not receiving bid addenda. Failure to acknowledge addenda with your bid may cause your bid to be considered non-responsive. Prevailing Wage Rates are not applicable: Funding for the work is with all local funds and, as provided under City Charter, will NOT require compliance with the prevailing wage requirements of the State of California. The successful Offeror shall possess a Class "A" or "C-10" Contractor's license at the time the Contract is awarded. The successful bidder will enter into a contract with the City of Palm Springs. A sample contract and a summary of insurance requirements are attached for your reference. All work shall be completed within 10 working days (note: allowed working days Monday through Friday 7:00 a.m. to 7:00 p.m. and Saturday 8:00 a.m. to 5:00 p.m.) aw Leigh Ann Gileno Procurement Specialist II 2 INVITATION FOR BIDS (IFB 10-03) BIDDER'S CHECK LIST INSTRUCTIONS TO BIDDER: I GENERAL: Bidders are advised that notwithstanding any instructions or inferences elsewhere in this Invitation For Bid, only the documents shown and detailed on this sheet need be submitted with and made part of their Bid. Other documents may be required to be submitted after Bid time, but prior to award. Bidders are hereby advised that failure to submit the documents shown and detailed on this sheet MAY RENDER THE BID NON-RESPONSIVE. II REQUIRED DOCUMENTS FOR BID: Bids MAY NOT BE CONSIDERED if the following documents and/or attachments are not completely filled out and submitted with the Bid. NOTE: ONLY THOSE ITEMS MARKED BY AN "X" ARE REQUIRED. X Bid Proposal page 9, must be manually signed. X Erasures or other changes made to the Bid Proposal Pages must be initialed by the person signing the Bid. X References form, page 14, must be completed. X Affidavit of Non-collusion by Contractor form, page 15, must be manually signed and countersigned by a„Notary_Public. X All Addenda issued shall be acknowledged in the space provided on Bid Proposal Page 9 located at the bottom. Failure to acknowledge all Addenda may render your Bid non-responsive. 3 CITY OF PALM SPRINGS IFB 10-04 TERMS AND CONDITIONS 1. Bids must be submitted on Bid forms supplied by the Procurement and Contracting Office in a sealed envelope showing on the outside the name of the Bidder, Bid title, Bid number, time and date of opening. 2. Bids submitted may be withdrawn by written request received before the hour set for the opening. After that time, Bids may not be withdrawn by the Bidder for a period of ninety (90) days and at no time after award of Bid. 3. The City of Palm Springs reserves the right to award to the lowest responsive responsible bidder or to reject all bids, as it may best serve the interests of the City. Furthermore, the City reserves the right to reject the Bid of any Bidder who previously failed to perform properly, or complete on time, agreements of a similar nature, or to reject the Bid of a Bidder who is not in a position to perform such an agreement satisfactorily. 4. The City reserves the right to reject any or all Bids and to waive any informality or technical defect in a Bid, as it may best serve the interests of the City. The City also reserves the right to make such investigations as it deems necessary to determine the ability of the Bidder to perform the Work and the Bidder shall furnish to the City all such information and data for this purpose as the City may request. The City reserves the right to reject any Bid if the evidence submitted by or investigation of such Bidder fails to satisfy the City that such Bidder is properly qualified to carry out the obligations in the bid documents and to complete the Work contemplated therein. 5. The decision of the Palm Springs City Council will be final. It is anticipated that City Council will award the bid at their regularly scheduled meeting following the closing date for receipt of bids. 6. Bidder's signed bid and written acceptance (purchase order) by the City shall constitute an agreement. 7. Submission of a signed Bid will be interpreted to mean that Bidder has hereby agreed to all the terms and conditions set forth in all of the pages which make up this Invitation For Bid. 8. The price quoted by the Bidder in his/her bid shall include any sales or use tax levied by the California Revenue and Taxation Code, and shall be exclusive of Federal Excise Taxes pursuant to the exemption of political subdivisions in the "Revenue Act of 1935" or any other acts of Congress. 9. When discrepancies occur between unit prices and extended amounts the unit prices shall govern. 10. Bidder will be required to file an Affidavit of Non-Collusion with their Bid. This shall be signed and sworn before a Notary Public. 11. QUESTIONS: Bidders, their representatives, agents or anyone else acting on their behalf are specifically directed NOT to contact any city employee, commission member, committee member, council member, or other agency employee or associate for any purpose related to this IFB other than as directed below. Contact with anyone other than as directed below will be cause for rejection of a Bid. 4 ANY questions, technical or otherwise, pertaining to this Invitation for Bid must be submitted IN WRITING and directed ONLY to: Leigh Ann Gileno, Procurement Specialist II Procurement & Contracting Dept. 3200 East Tahquitz Canyon Way Palm Springs, CA 92262 via FAX (760) 323-8238 or via EMAIL: LeighAnn.Gileno@palmsprings-ca.gov Interpretations or clarifications considered necessary in response to such questions will be resolved by the issuance of formal Addenda to the IFB. The deadline for all questions is 11:00 A.M., Local Time, Wednesday February 241h, 2010_ Questions received after this date and time may not be answered. Only questions that have been resolved by formal written Addenda via the Division of Procurement and Contracting will be binding. Oral and other interpretations or clarifications will be without legal or contractual effect. PLEASE NOTE THAT PALM SPRINGS CITY HALL IS CLOSED EVERY FRIDAY DUE TO THE CURRENT FURLOUGH PROGRAM, AND THEREFORE IS NOT ABLE TO ACCEPT, TIME OR DATE STAMP ANY SUBMITTALS/BIDS ON FRIDAYS OR WEEKENDS). PLEASE TAKE THIS INTO CONSIDERATION WHEN DELIVERING A SUBMITTAL/BID BY THE DUE DATE AND TIME AS DEFINED IN THIS DOCUMENT. 12. Notice of Award: After award of the Bid by the Palm Springs City Council if necessary, a Notice of Award letter and/or Purchase Order will be issued to the successful Bidder. The successful Bidder shall provide all Certificates of Insurance, if required, within seven (7) calendar days. 13. The Bidder agrees that the City has the right to make the final determination as to whether the material/equipment has been satisfactorily delivered, operable and meets acceptance criteria as defined in the Bid documents. 14. Delivery: Time is of the essence in the performance of the work and delivery of the material/equipment. The bidder must indicate on the Bid Proposal page the time required for delivery, in number of calendar days, after receipt of order (ARO). Delivery may be a factor in award of bid and may be cause for rejection, as determined by the City. 15. Warranty: The successful Bidder shall fully warrant all materials, equipment, and workmanship including without limitation, any optional equipment purchased by the City under the terms of this agreement, against poor or inferior quality equipment, materials or workmanship for a period not less than three years from the date of final acceptance of the material/equipment by the City. The successful Bidder shall repair or replace inoperable equipment/material in a timely manner so as to minimize the possible disruption of City operations resulting from said inoperable equipment/material. Where applicable, all bids shall be accompanied by a copy or description of the manufacturer's warranty for the items(s) proposed and evidence that such warranty is assignable to the City. 16. Termination for Default: The City may, by written notice of default to the vendor, terminate any resulting order in whole or in part should the vendor fail to make satisfactory progress, fail to deliver within time specified therein or fail to deliver in strict conformance to specifications and requirements set forth therein. In the event of such termination, the City reserves the right to purchase or obtain the supplies or services elsewhere, and the defaulting vendor shall be liable for the difference between the prices set forth in the terminated order and the actual cost thereof to the City. The prevailing market price shall be considered the fair repurchase price, 5 If, after notice of termination of this contract under the provisions of this clause, it's determined for any reason that the Contractor was not in default under the provisions of this clause, the rights and obligations of the parties shall be the same as if the notice of termination had been issued pursuant to the Termination for Convenience clause. The rights and remedies of City provided in this article shall not be exclusive and are in addition to any other rights and remedies provided by law or under resulting order. 17. Termination for Convenience: The City may, by written notice stating the extent and effective date, terminate any resulting order for convenience in whole or in part, at any time. The City shall pay the vendor as full compensation for performance until such termination the unit or pro rate price for the delivered and accepted portion, and a reasonable amount, as costs of termination, not otherwise recoverable from other sources by the vendor as approved by the City, with respect to the undelivered or unaccepted portion of the order, provided compensation hereunder shall in no event exceed the total price. In no event shall the City be liable for any loss of profits on the resulting order or portion thereof so terminated. The rights and remedies of City provided in this article shall not be exclusive and are in addition to any other rights and remedies provided by law or under resulting order. 18. Fiscal Year: Obligation for payment of any contract beyond the current fiscal year end is contingent upon the availability of funding from which payment can be made. No legal liability shall arise for payment beyond June 30 of the calendar year unless funds are made available for such performance. 19. Governing Law: This contract shall be construed and interpreted according to the laws of the State of California. 20. The requirement of a Performance Bond has been waived. 6 CITY OF PALM SPRINGS IFB 10-04 SCOPE OF WORK AND SPECIAL CONDITIONS 1. Purpose: The City of Palm Springs requires a contractor to install exterior lighting at the Palm Springs Visitors Center at 2901 North Palm Canyon Drive in Palm Springs. Please refer to the attached plans for the scope of work required and other details. The engineer's estimate is $22,000.00. 2. Scope of Work: The work requires a contractor with an A or C-10 License to carry out the work. Work shall be performed in accordance with °Greenbook" Standard Specifications for Public Works Construction, in addition to the specifications included in the drawings as attached as Attachment "A". A payment (labor/material) bond will be required if you are the selected contractor and enter into an Agreement with the City of Palm Springs. The Contractor and all of Contractor's personnel performing services hereunder shall possess all licenses required by the State of California to perform said services All of Contractor's employees, representatives and officials shall be expected to maintain excellent relations with the public, City officials and employees. Any display of offensive, discourteous or rude behavior by any representative of the Contractor may be cause for contract termination. Use of alcoholic beverages by Contractor's representatives is prohibited, and representatives are prohibited from being on the premises under the influence of alcohol or any other substances. 3. Contract Services Agreement: The attached Contract Services Agreement shall be utilized to identify the respective obligations of the City and the (awarded) Contractor. 4. Non-Interference: Contractor shall not interfere with the public use of the premises and shall conduct its operations as to offer the least possible obstruction and inconvenience to the public or disruption to the peace and quiet of the area within which the services are performed. „ 5. Insurance q, ' e_m_ent: The Contractor awarded the Contract shall meet all insurance ,Re uir, requirements of the City, including but not limited to, the provisions of personal and property liability, including automobile coverage, and Worker's Compensation, in limits acceptable to the City. 6. License Requirement: The contractor will be required to: • be licensed in accordance with the Palm Springs Municipal Code, Chapter 3.40 through 3.96 entitled Business Tax; • possess any other applicable license required in the performance of these services. 7. Terms and Conditions: The bidder shall not change the wording in the attached specifications or conditions. No words or comments shall be added to the general conditions or detailed specifications. Any explanation or alternative offered shall be set forth in a letter attached to the front cover of the specifications. Conditional bids will not be accepted. 8. Payment Terms - The standard terms at the City of Palm Springs are Net 30 days. 9. Notice to Proceed: A Notice to Proceed letter will be issued upon receipt of the required and approved Certificate of Insurance and the required bonding. The successful Bidder shall begin Work immediately or as soon as is reasonable from the date of the Notice to Proceed and 7 shall complete all work specified in this document within ten (10) days from the date indicated on the Notice to Proceed. 10.Final Determination: The Bidder agrees that the City has the right to make all final determinations as to whether the Work has been satisfactorily completed. 11. The successful bidder will enter into a contract with the City of Palm Springs. All work shall be completed within 10 working days (note: allowed working days Monday through Friday 7:00 a.m. to 7.00 p.m. and Saturday 8:00 a.m. to 5:00 p.m.) A sample contract and a summary of insurance requirements are attached for your reference. 8 BID SCHEDULE (IFB 10-04) Lump Sum Price for Construction of VISITOR'S CENTER LIGHTING PROJECT In Palm Springs, California Item Scope of work as per attached specifications 1. Install 6 linear feet of 1-1/4 conduit with 3#6 conductors & 1 #10 ground 2. Install 550 linear feet of 3/" conduit with 2 #12 conductors & 1 #12 ground 3. Install 150 linear feet of V conduit with 4#10 conductors & 1 #10 ground 4. Install 60 linear feet of V conduit with 2#10 conductors & 1 #10 ground 5. Install 5 flood luminaires 6. Install 4 underground concrete pullboxes#3-1/2 (17.5" x 12.5" x 12.5") 7. Provide new circuit breaker/control enclosure on existing wall 8. Install 2 GFCI receptacle outlets in weatherproof enclosure 9. Furnish and Install twelve (12)2'-3' diameter boulders 10. and all appurtenant work as indicated on the City approved plans. Note: Quantities are estimated only; contractor shall confirm its own quantities from the plans and bid appropriately. No additional payment will be authorized in the event estimated quantities differ from that required by the plans. This is a lump sum project. TOTAL BID PRICE For the lump sum of$ (Price in figures) (Price in words) (Signatures): Name of firm submitting bid Authorized signature Printed name Title Address City, State, Zip Telephone No: Fax No: E-mail ADDENDA ACKNOWLEDGMENT: Acknowledgment of Receipt of any Addenda issued by the City for this RFP is required by including the acknowledgment with your proposal. Failure to acknowledge the Addenda issued may result in your proposal being deemed non-responsive. 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G[AM �k]DYf RY9GT 6MOE 6 COPR1x n 1,7C MERE fiW4D. ® S' ^'. ✓.y".,.sue x Y�r ,�-2.8� ' ii'1 °�i D>mY w YaTtlH ��,•Ra.xO��. � ..� j = MtEY.rlW,mmwE a *.i O PHmmccmx: LIGHTING CONTROL DIAGRAM 3 FLOOD DETAIL-B7 N6 SCALE NO SCALE P-H "° '" CITY OF PALM SPRINGS,CAUFORNIA m "E1Lrtn - EEE VISITOR CENTER LIGHTING R b E2.0 A F M. - ELECTRICAL DETAILS REFERENCES The City is seeking a contractor who has the experience and capability to install exterior lighting at the Palm Springs Visitors Center as per the specifications contained herein. A minimum of three (3) references shall be submitted below with the bid, including contact name and phone number, for projects of a similar scope to this Invitation for Bids. 1) Name of firm or agency: Contact Person: Phone # Brief description of project: 2) Name of firm or agency: Contact Person: Phone # Brief description of project: 3) Name of firm or agency: Contact Person: Phone # Brief description of project: 14 CITY OF PALM SPRINGS, CALIFORNIA INVITATION FOR BIDS NO. 10-04 AFFIDAVIT OF NON-COLLUSION STATE OF CALIFORNIA ) ) SS COUNTY OF RIVERSIDE ) The undersigned, being first duly sworn, deposes and says that he or she is of , the party making the foregoing bid. That the bid is not made in the interests of, or on the behalf of, any undisclosed person, partnership company, association, organization, or corporation; that the bid is genuine and not collusive or sham; that the bidder has not directly or indirectly induced or solicited any other bidder to put in a false or sham bid, and has not directly or indirectly colluded, conspired, connived, or agreed with any bidder or anyone else to put in a sham bid, or that anyone shall refrain from bidding; that the bidder has not in any manner, directly or indirectly, sought by agreement, communication, or conference with anyone to fix the bid price of the bidder or any other bidder, or to fix any overhead, profit, or cost element of the bid price, or of that of any other bidder, or to secure any advantage against the public body awarding the contract of anyone interested in the proposed contract; that all statements contained in the bid are true; and, further, that the bidder has not, directly or indirectly, submitted his or her bid price or any breakdown thereof, or the contents thereof, or divulged information or data relative thereof, or paid, and will not pay, any fee to any corporation, partnership, company, association, organization, bid depository, or any other member or agent thereof to effectuate a collusive or sham bid. By: Title Subscribed and sworn to before me this day of 120 Notary Public in and for said County and State FIDAVI.FRM 1.5 PAYMENT BOND KNOW ALL MEN BY THESE PRESENTS, That as Contractor, And as Surety, are held firmly bound unto the City of Palm Springs, a charter city, organized and existing in the County of Riverside, State of California, hereinafter called the "City," in the sum of: dollars, for the payment of which sum well and trulyto be made we bind ourselves, our heirs, executors, administrators, successors, and assigns,jointly and severally, firmly by these presents. WHEREAS, said Contractor has been awarded and is about to enter into the annexed agreement with said City to perform the Work as specified or indicated in the Contract Documents entitled: VISITOR'S CENTER LIGHTING PROJECT NOW THEREFORE, if said Contractor, its subcontractors, its heirs, executors, administrators, successors, or assigns shall fail to pay for any materials, provisions, provender, equipment, or other supplies used in, upon, for, or about the performance of the Work contracted to be done, or for any work or labor thereon of any kind, or for amounts due under the Unemployment Insurance Code, or for any amounts required to be deducted, withheld, and paid over to the Employment Development Department from the wages of employees of the Contractor and its subcontractors pursuant to Section 13020 of the Unemployment Insurance Code with respect to such labor, all as required by the provisions of Title XV, Chapter 7, Sections 3247-3252, inclusive, of the Civil Code of the State of California and acts amendatory thereof, and Sections of other Codes of the State of California referred to therein and acts amendatory thereof, and provided that the persons, companies, or corporations so furnishing said materials, provisions, equipment, or other supplies, appliances, or power used in, upon, for, or about performance of the Work contracted to be executed or performed, or any person, company, or corporation renting or hiring implements or machinery or power for, or contributing to, said work to be done, or any person who performs work or labor upon the same, or any person who supplies both work and materials therefore, shall have complied with the provisions of said laws, then said surety will pay the same in an amount not exceeding the sum hereinbefore set forth, and also will pay, in case suit is brought upon this bond, a reasonable attorney's fee as shall be fixed by the Court. This Bond shall inure to the benefit of any and all persons named in Section 3181 of the Civil Code of the State of California so as to give a right of action to them or their assigns in any suit brought upon this bond. 16 PROVIDED, that any alterations in the Work to be done or the materials to be furnished, or changes in the time of completion, which may be made pursuant to the terms of said Contract Documents, shall not in any way release said Contractor or said Surety thereunder, nor shall any extensions of time granted under the provisions of said Contract Documents release either said Contractor or said Surety, and notice of said alterations or extensions of the Agreement is hereby waived by said Surety. SIGNED AND SEALED, this day of , 2010. CONTRACTOR: (Check one: individual, partnership, corporation) (Corporations require two signatures; one from each of the following groups: A. Chairman of Board, President, or any Vice President; AND B. Secretary, Assistant Secretary, Treasurer, Assistant Treasurer, or Chief Financial Officer). By Signature (NOTARIZED) Print Name and Title: By Signature (NOTARIZED) Print Name and Title: SURETY By Title (SEAL AND NOTARIAL ACKNOWLEDGMENT OF SURETY) 17 AGREEMENT THIS AGREEMENT made this day of in the year 2010, 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 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 The Contractor shall complete the Work as specified or indicated under the Bid Schedule(s) of the City's Contract Documents entitled: VISITOR'S CENTER LIGHTING PROJECT The Work is generally described as follows: Installation of security/accent lighting at the Palm Springs Visitor's Center at 2901 North Palm Canyon Drive in Palm Springs, California. 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 of $ 330.00 for each calendar day that expires after the time specified in Article 2, herein. 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 and Bid Schedule(s). 18 ARTICLE 4-- THE CONTRACT DOCUMENTS The Contract Documents consist of the Notice Inviting Bids, Instructions to Bidders, the accepted Bid and Bid Schedule(s), List of Subcontractors, Non-collusion Affidavit, Bidder's General Information, Bid Security or Bid Bond, this Agreement, Worker's Compensation Certificate, Performance Bond, Payment Bond, Standard Specifications, Special Provisions (Exhibit "A"), the Drawings, Addenda numbers to inclusive, and all 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-- 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 Engineer or the City as provided in the Contract Documents. ARTICLE 6 -- NOTICES Whenever any provision of the Contract Documents requires the giving of a written Notice, 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 7 -- 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. IN WITNESS WHEREOF, the City and the Contractor have caused this Agreement to be executed the day and year first above written. 19 ATTEST: CITY OF PALM SPRINGS, CALIFORNIA By By City Clerk City Manager APPROVED AS TO FORM: Date By City Attorney APPROVED BY THE CITY COUNCIL: Date Date Agreement 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. CONTRACTOR: Name: Check one:_Individual_Partnership_Corporation Address: By: By: Signature (notarized) Signature(notarized) Name: Name: Title: Title: (This Agreement must be signed in the above This Agreement must be signed in the above space by one of the following: Chairman of the space by one of the following: Secretary, Chief Board, President or any Vice President) Financial Officer or any Assistant Treasurer) State of I State of County of I.:.ss County of I ss 20 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 instrument the person(s), or the entity upon behalf 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 I certify under PENALTY OF PERJURY under the the laws of the State of California that the laws of the State of California that the foregoing 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: 21 WORKER'S COMPENSATION CERTIFICATE (AS REQUIRED BY SECTION 1861 OF THE CALIFORNIA LABOR CODE) I am aware of the provisions of Section 3700 of the California Labor Code, which require every employer to be insured against liability for worker's compensation, or to undertake self-insurance in accordance with the provisions of said Code, and I will comply with such provisions before commencing the performance of the Work of this Contract. Contractor By Title 22 EXHIBIT "A" SPECIAL PROVISIONS Business License Requirement: Contractor shall possess a valid City of Palm Springs Business License throughout the term of this agreement. 5.3 Performance Bond - Performance Bond requirement is hereby deleted. The following section 5.3 Payment Bond is hereby added: 5.3 Payment Bond: - Concurrently with execution of this Agreement, Contractor shall deliver to Agency a payment bond (Material and Labor Bond) in the sum of the amount of this Agreement, in the form provided by the City Clerk, to satisfy claims of material suppliers and mechanics and laborers employed by Contractor on the work. The bond shall contain the original notarized signature of an authorized officer of the surety and affixed thereto shall be certified and current copy of his power of attorney. The bond shall be unconditional and remain in force until the work is accepted by Agency and until all claims for materials and labor are paid, and shall otherwise comply with the Civil Code All work shall be performed in accordance with the "Greenbook" Standard Specifications for Public Works Construction, 2006 edition. r 23 CERTIFICATE OF INSURANCE THIS CERTIFICATE ISSUED TO THE OWNER/AGENTS LISTED BELOW DESIGNATED BY THE CONTRACT WITH THE INSURED NAME AND ADDRESS OF INSURED INSURANCE COMPANIES AFFORDING COVERAGE COMPANY A B C D TYPE OF WORK PERFORMED AND LOCATION LIMITS OF LIABILITY IN THOUSANDS(x1000) �••• TYPE OF INSURANCE POLICY NUMBER EACH OCCURRENCE AGGREGATE COMPREHENSIVE GENERAL LIABILITY Including: $ $ ❑ EXPLOSION AND COLLAPSE BODILY INJURY $ $ ❑ UNDERGROUND DAMAGE PROPERTY DAMAGE ❑ PRODUCTSICOMPLETED OPERATIONS or ❑ CONTRACTUALINSURANCE BODILY INJURY AND $ B ❑ BROAD FORM PROPERTY DAMAGE PROPERTY ❑ INDEPENDENT CONTRACTORS DAMAGE COMBINED ❑ PERSONAL INJURY PERSONAL INJURY $ COMPREHENSIVE AUTOMOBILE BODILY INJURY LIABILITY EACH PERSON $ Including: EACH ACCIDENT ❑ OWNED PROPERTY DAMAGE $ ❑ HIRED or ❑ NON-OWNED BODILY INJURY AND PROPERTY $ ❑ MOTOR CARRIER ACT DAMAGE COMBINED SS LIABILITY BODILY INJURY EXCESS AND PROPERTY Including; DAMAGE COMBINED $ ❑ EMPLOYER'S LIABILITY WORKER'S COMPENSATION STATUTORY and EMPLOYER'S LIABILITY Including: EL $ ACCIDENT) ❑ LONG SHOREMEN'S AND HARBOR WORKERS OTHER ADDITIONAL INSURED ENDORSEMENT--CITY OF PALM SPRINGS The undersigned certifies that he or she is the representative of the above named insurance companies,that he or she has the authority to execute and issue this certificate to Certificate Holder,and accordingly,does hereby certify on behalf of said insurance companies that policies of insurance listed above have been issued to the insured named above and are in force at this time. Notwithstanding any requirement,term,or condition of any contract or other document with respect to which this certificate may be issued or may pertain,the insurance afforded by the policies described herein is subject to at the terms,exclusions,and conditions of such policies. Copies of the policies shown will be furnished to the Certificate Holder upon request. This Certificate does not amend,extend,or alter the coverage afforded by the policies listed. Cancellation:Should any of the above described policies be cancelled before the expiration dale thereof,the issuing company will mail 30 days written notice to the below-named certificate holder NAME AND ADDRESS OF ADDITIONAL INSURED DATE ISSUED BY 24 SUMMARY OF INSURANCE REQUIREMENTS FOR CITY CONTRACTS Instructions to Contractors/Vendors/Service Providers: Prior to commencing any work, all contractors, vendors and service providers shall procure and maintain, at their own cost and expense for the duration of their contract with the City, appropriate insurance against claims for injuries to persons or damages to property which may arise from or in connection with the performance of the work or services. The types of insurance required and the coverage amounts are specified below: A. Minimum Scope of Insurance Required 1. General Liability Insurance is required whenever the City is at risk of third-party claims which may arise out of work or presence of a contractor, vendor and service provider on City premises. 2. Automobile Liability Insurance is required only when vehicles are used by a contractor, vendor or service provider in their scope of work or when they are driven off-road on City property. Compliance with California law requiring auto liability insurance is mandatory and can not be waived. 3. Workers' Compensation and Employer's Liability Insurances is required for any contractor, vendor or service provider that has any employees at any time during the period of this contract. Contractors with no employees must complete a Request for Waiver of Workers' Compensation Insurance Requirement form. 4. Errors and Omissions coverage is required for licensed or other professional contractors doing design, architectural, engineering or other services that warrant such insurance. B. Minimum Limits of Insurance Coverage Required Under $25,000 Limits TBD by Risk Manager Over$25,000 to $5,000,000 $1 Million per Occurrence/$2 Million Aggregate Over $5 Million Limits TBD by Risk Manager Umbrella excess liability may be used to reach the limits stated above. C. The following general reguirements apply 1. Insurance carrier must be authorized to do business in the State of California. 2. Insurance carrier must have a rating of or equivalent to B++, VII, by A.M. Best Company. 3. Coverage must include personal injury, protective and employer liability. 4. Certificate must include evidence of the amount of any deductible or self-insured retention under the policy. 5. Contractor's general liability and automobile insurance coverage must be primary and non- contributory over any insurance the City may maintain, that is, any such City insurance shall be excess to limits stated in the certificate. D. Verification of Insurance coverage may be provided by: (1) an approved General and/or Auto Liability Endorsement Form for the City of Palm Springs or (2) an acceptable Certificate of 25 Liability Insurance Coverage with an approved Additional Insured Endorsement (see attached) with the following endorsements stated on the certificate: 1. "The City of Palm Springs, its officials, employees and agents are named as an additional insured' ("as respects a specific contract" or "for any and all work performed with the City" may be included in this statement). 2. "This insurance is primary and non-contributory over any insurance or self-insurance the City may have" ("as respects a specific contract" or"for any and all work performed with the City" may be included in this statement). 3. "Should any of the above described policies be canceled before the expiration date thereof, the issuing company will mail 30 days written notice to the Certificate Holder named." Language such as, "endeavor to" mail and "but failure to mail such notice shall impose no obligation or liability of any kind upon the company, its agents or representative" is not acceptable and must be crossed out. See Example A below. 4. Both the Workers' Compensation and Employers' Liability policies shall contain the insurer's waiver of subrogation in favor of City, its elected officials, officers, employees, agents and volunteers. See Example B below. In addition to the endorsements listed above, the City of Palm Springs shall be named the certificate holder on the policy. All certificates and endorsements are to be received and approved by the City before work commences. All certificates of insurance must be authorized by a person with authority to bind coverage, whether that is the authorized agent/broker or insurance underwriter. Failure to obtain the required documents prior to the commencement of work shall not waive the contractor's obligation to provide them. E. Acceptable Alternatives to Insurance Industry Certificates of Insurance: • A copy of the full insurance policy which contains a thirty (30) days' cancellation notice provision (ten (10) days for non-payment of premium) and additional insured and/or loss- payee status, when appropriate, for the City. • Binders and Cover Notes are also acceptable as interim evidence for up to 90 days from date of approval 26 F. Endorsement Language for Insurance Certificates SHOULD ANY OF THE ABOVE-REFERENCED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, THE Example A: ISSUING INSURER WILL ENDEAVOR MAIL 30 DAYS* WRITTEN NOTICE TO THE CERTIFICATE HOLDER NAMED HEREIN BUT j FAILURE IRE TO MAIL SUCH NOT GE SHALL IMPOSE NO OBLIGATION R INSURER,LIABILITY OF ANY KIND UPON THE INSI ITS AGENTS (lam L�T�CPf Qpl C REPRESENTATIVES.. i *The broker/agent can include a qualifier stating "10 days notice for nonpayment of premium." .........................................................................................................................._...._._.................................._........................................................................................--.............................................................................. "IT IS UNDERSTOOD AND AGREED THAT THE COMPANY ' WAIVES THE RIGHT OF SUBROGATION AGAINST THE ABOVE Example B: ADDITIONAL INSURED (S), BUT ONLY AS RESPECTS THE JOB OR PREMISES DESCRIBED IN THE CERTIFICATE ATTACHED HERETO." G. Alternative Programs/Self-insurance. Under certain circumstances, the City may accept risk financing mechanisms such as Risk Retention Groups, Risk Purchasing Groups, off-shore carriers, captive insurance programs and self-insurance programs as verification of insurance coverage. These programs are subject to separate approval once the City has reviewed the relevant audited financial statements and made a determination that the program provides sufficient coverage to meet the City's requirements. THIS SPACE INTENTIONALLY LEFT BLANK 27 INVITATION FOR BIDS (IFB 10-04) VISITOR'S CENTER LIGHTING PROJECT ADDENDUM NO. 1 This Addendum is being issued for the following changes and informational items: THIS ADDENDUM SHALL TAKE PRECEDENCE OVER ANYTHING CONTRARY ON THE PREVIOUSLY ISSUED SPECIFICATIONS AND INSTRUCTIONS AND SHALL BE REFERRED TO HEREINAFTER AS PART OF THE CONTRACT DOCUMENTS. CORRECTION OF INSTRUCTIONS AND BID DOCUMENTS TO PROPOSERS: The following correction is being made to Invitation for Bids (IFB 10-04) for the Visitor's Center Lighting Project Remove the following: Date Due Thursday March 2"tl 2010 Replace with: Date Due Tuesday March 2°d 2010 BY ORDE OF T E CITY OF PALM SPRINGS, CALIFORNIA ei h�'nn ilen Procurement Specialist II DATE: March 1, 2010 ADDENDUM ACKNOWLEDGMENT: Proposer Firm Name: Authorized Signature: Date: Acknowledgment of Receipt of Addendum 1 is required by signing and returning a copy of this addendum with your response. Failure to acknowledge this Addendum may result in your IFB being deemed non-responsive. WORKER'S COMPENSATION CERTIFICATE (AS REQUIRED BY SECTION 1861 OF THE CALIFORNIA LABOR CODE) I am aware of the provisions of Section 3700 of the California Labor Code, which require every employer to be insured against liability for worker's compensation, or to undertake self-insurance in accordance with the provisions of said Code, and I will comply with such provisions before commencing the performance of the Work of this Contract. Contracto By Title 5 CITY OF PALM SPMGS 113USMSS LICENSE 3200 E TAHQUITZ CANYON WAY, C ALfI SPRINGS.CA 92262(7%( 323-8289 PLEASE NOTE THAT IT IS YOUR RESPONSIBILITY TO RENEW AND UPDATE THIS LICENSE ANNUALLY. 13 U SINESS U-NIB ER: 00003153 EXPIRATION TAXIADNIM FEE CERT NO BUSINESS TYPE: ELECTRICAL CONTRACTOR 10131 t2(110 18.00 2169 0W NER N.-"IE: LA SALL (PRF.SIDE1�T), GARY 10 31/2010 67.00 2170 BUSINESS NAME. A IM LASALLE INC B SINI ZESS ADDRESS: 68342 R ELEY RD CATHEDRAL CITY.CA 92234 A M LASALLE INC ISSUANCE OF THIS I.ICEN IIf ES NOT ENTITLE P 0 BOX 2859 THE LICENSEE TO OPERATE OR MAINTAIN A BUSINESS IN VIOLA"I ON OF ANY OTHER LAYS' CATHEDRAL CITY CA 92235-2859 OR ORDINANCE. 'MIS IS NOT AN EZ'DORSE-M-NT OF THE ACMITY NOR OF THE APPLICANT'S UAI IFICATIONS. MUST BE POSTED INA CONSPICUOUS PLACE Meiialm To: Kathie Hart. Chief Deputy City Clerk From: Diana Shay, Redevelopment Coordinator CC: Leigh Ann Gileno, Procurement Specialist Date: March 23, 2010 Re: Visitor's Center Lighting Contract-LaSalle Lighting Contractor Per your request, I am providing additional clarification and information regarding this contract. Please refer to Article 4—The Contract Documents. List of Subcontractors—note there are no subcontractors on this project therefore a list is unnecessary. Bidder's General Information---this information is contained in the contractors bid in the pricing section. Bid Bond—there was no bid bond required under this contract. Standard Specifications—the standard specifications are included on the plans/drawings. Special Provisions (Exhibit A)—these were included in the bid document and part of the Contract ref. page 6. Thank you, Diana Shay Redevelopment Coordinator 760-323-8260 1 Page 1 of 2 Kathie Hart From: Diana Shay Sent: March 23, 2010 4:29 PM To: Kathie Hart Cc: Leigh Ann Gileno Subject: RE: LaSalle Agreement Attachments: Professional Memo-City Clerk Lasalle.doc Hi Kathie, Please see attached memo addrssing the items in question on the LaSalle Lighting contract. Please let me know if you require anything further. thanks, Diana Shay Redevelopment Coordinator City of Palm Springs 760-323-8260 From: Kathie Hart Sent: Tuesday, March 23, 2010 1:24 PM To: Leigh Ann Gileno Cc: Diana Shay Subject: LaSalle Agreement LAG/OS Attached is a copy of the Bidder's General Information I inquired about earlier this morning. In accordance to the agreement if there are items that are not supplied/provided please provide me with a memo or email stating it is not provided and why. This is being requested due to the fact it is listed in the agreement as part of the contract documents. Thx! Z4444 Kathie Hart, CMC Chief Deputy City Clerk City of Palm Springs 3200 E. Tahquitz Canyon Way Palm Springs,CA 92262 �-IRV (760)323-8206 1 1� (760) 322-8332 CZ Kathie.Hart@PalmSpringsCA.gov Please note that City Hall is open 8 a.m. to 6 p.m.Monday through Thursday,and closed on Fridays at this time. From: City Clerk [mai Ito;iR4570-cm@ci.palm-springs.ca.us] Sent: March 23, 2010 1:19 PM To: Kathie Hart: Subject: Attached Image 03/23/10 VENDORS & AMOUNTS BID VENDORS & AMOUNTS BID BID ABSTRACT �7/ _ } DUE ID #• �� 10 CJ� DATE: /,VEr', j TOOTING TO• LIANTITY COMMODITY ITEM # �1 of