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HomeMy WebLinkAbout05971 - COVE ELECTRIC INSTALLATION OF 50 PAIR CABLE Kathie Hart From: James R. Smith Sent: October 19, 2010 1:13 PM To: Kathie Hart Subject: RE. A5971 -Cove Electric Hi Kathie, Yes and yes. ��V^ James ........ ......... ......... ....... ......... ......... ......... ......... ......... ......................................... From: Kathie Hart Sent: Tuesday, October 19, 2010 12:41 PM To: James R. Smith Subject: A5971 - Cove Electric James: Work completed? Ok to close? 20MMOU 82RroYial Date LU11:90Jt o AN71 Insimabon or 5a pwr oabie Company Name: Cove Electric Address: , , Group: INFO SERVICES Contract Amt. Total Paid service: 10 F91e 59.693.86 ee Kathie Hart, CMG Chief Deputy City Clerk City of Palm Springs 3200 E. Tahquitz Canyon Way Palm Springs, CA 92262 (760) 323-8206 1 �9 (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 on Fridays at this time. 10/19/10 AGREEMENT THIS AGREEMENT made this 4:. day of NL, 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 Cove Electric Inc. 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: Installation of 50 Pair Cable The Work is generally described as follows: Installation of 50 Pair Cable from City Hall 3200 E. Tahquitz Canyon Way to the City Yard located at 425 N. Civic Drive, 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$ 0.00 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). TnS A L 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, this Agreement, Worker's Compensation Certificate, Performance Bond, Payment Bond, Standard Specifications, Special Provisions (Exhibit "A"), the Drawings, Addenda numbers 1 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 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 i . ................................... ........................_........................._...... _ .__....._..... i i ATTEST: CITY OF PALM SPRINGS, CALIFORNIA By By City Clerk City Ma E APPROVED AS TO FORM: Date By d Cit Att ey APPROVED BY THE CITY COUNCIL: Dater Date APPROVED BY Y MANAGER A Agreement No. f 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. i a i CONTRACTOR: Name: Gyve Electric, Inc. Check one:—individual Partnership X Corporation i Address: 77824 Wildcat Drive Palm Desert,CA 92211 Y Signature(notarized) Signatur (notarized) Name: Simon Bo'kovsk Name: Charles Bojkovsky Title: V. President Title: Secretary/Treasurer (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 Calif ❑ State of Calif I1 County of Riverside Gss County of Riverside Css 3 E On April 14,2010 On April 14,2010 before me, Jeannie L.Stewart, Notary Public before me, Jeannie L.Stewart, Notary Public personally appeared_Simon Bojkovsky_ personally appeared Charles Bojkovsky 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. E 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: otar y Seal: Notary Seal: I 1 ..w,. JEANNFE 1. 51EWdb ART JEANNIE L. STEWART Commission # 1744239 Commission * 1744239 Notary public -Calltomia Nat ry Public aCounty California Rlvers{ds C u b,�l l Riverside MyCcrM.E;VW* MyCamm.Ewkes Jun b.2011 4 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 Cove Electric, Inc. By Simon Bojkovsky - Title V. President i 5 EXHIBIT "A" SPECIAL PROVISIONS Business License, Requirement: Contractor shall possess a valid City of Palm Springs Business License throughout the term of this agreement. Performance Bond - Performance Bond requirement is hereby waived. Payment Bond: - Payment Bond requirement is hereby waived. 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 TYPE OF INSURANCE POLICY NUMBER LIMITS OF LIABILITY IN THOUSANDS(x1000) EACH OCCURRENCE AGGREGATE COMPREHENSIVE GENERAL LIABILITY Including: ❑ EXPLOSION AND COLLAPSE BODILY INJURY $ $ ❑ UNDERGROUND DAMAGE PROPERTY DAMAGE ❑ PRODUCTS/COMPLETED OPERATIONS or ❑ CONTRACTUAL INSURANCE ❑ BROAD FORM PROPERTY DAMAGE BODILY INJURY AND $ $ PROPERTY ❑ INDEPENDENT CONTRACTORS DAMAGE COMBINED ❑ PERSONAL INJURY. PERSONAL INJURY $ COMPREHENSIVE AUTOMOBILE BODILY INJURY LIABILITY EACH PERSON $ Including: EACH ACCIDENT ❑ OWNED $ PROPERTY DAMAGE ❑ HIRED NON-OWNED or BODILY INJURY ❑ MOTOR CARRIER ACT AND PROPERTY $ DAMAGE COMBINED EXCESS LIABILITY BODILY INJURY Induding; AND PROPERTY DAMAGE COMBINED $ ElEMPLOYER'S LIABILITY WORKER'S COMPENSATION STATUTORY and EMPLOYER'S LIABILITY Including; EL $ (EACH ❑ LONG 6IiOREMEN'3 AND ACCIDENT) HARBOR WORKERS OTHER ADDITIONAL INSURED ENDORSEMENT-CITY OF PALM SPRINGS The undersigned certifies that he or she is the representative of the above-tamed 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-tamed certificate holder; NAME AND ADDRESS OF ADDITIONAL INSURED DATE ISSUED BY AUTH VED REMESEWAT O NSURANCE�MES AEErnD�Ro cov[RApE 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 Endorsement 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 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 FAILURE TO MAIL SUCH NOTICE SHALL IMPOSE NO OBLIGATION OR LIABILITY OF ANY KIND UPON THE INSURER, ITS APENTS OR RF=PQFRF=NT 'TALE *The broker/agent can include a qualifier stating "10 days notice for nonpayment of premium." _.. ...................._.............._....._............................................-..._..---..............-.............................W............._._.._...._........................................................._........._...._-......._....................._............_........� ......................................__........................................................._......._._..................................................._.__......_...._...............................................__........_._................................................................................... "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 VENDORS & AMOUNTS BID VENDORS & AMOUNTS BID BIB ABSTRACE I 2 DUE t` / I D #: 1 F. 3 /L' �i DATE: /7 IDDING TO: rLr i� L JANTITY COMMODITY ITEM�# �� .. v J A L ej C i S.o - �`- INVITATION FOR BIDS (IFB 10-06) INSTALLATION OF 50 PAIR CABLE ADDENDUM NO. 1 `1r;�Rta 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. The City has received the following questions and is hereby providing answers thereto: RESPONSES TO QUESTIONS RECEIVED TO DATE: Q: What voltage is in the vaults leading from the Yard to City Hall? A: 12,000Volts BY ORDE OF THE CITY OF PALM SPRINGS, CALIFORNIA i Leg Ann Cileo) Procurement Specialist II DATE: April 12, 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. INVITATION FORBIDS NO. 10-06 FOR INSTALLATION OF 50 PAIR CABLE THIS INVITATION FOR BIDS CONSISTS OF THE FOLLOWING: PAGE COVERSHEET.......................................................................................................................... 1 NOTICEINVITING 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)........................................... ATTACHEMENT "A" SPECIFICATION DRAWINGS ................................................................ 10 BIDDER'S REFERENCE LIST ................................................................................................. 11 AFFIDAVIT OF NON-COLLUSION........................................................................................... 12 BIDDERS GENERAL INFORMATION FORM ..................................................................... 13-14 PAYMENT ROOD FOR . WAIVED 15-16 CONTRACT AGREEMENT................................................................................................. 17-20 WORKER'S COMPESATION CERTIFICATE .......................................................................... 21 EXHIBIT "A" ................................................................................................. 22 CERTIFICATE OF INSURANCE SAMPLE DOCUMENT ......................................................... 23 SUMMARY OF INSURANCE REQUIREMENTS FOR CITY CONTRACTS ........................ 24-26 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: Wednesday, April 10, 2010 TIME DUE: 3:00 P.M., Local Time 1 NOTICE INVITING BIDS CITY OF PALM SPRINGS, CALIFORNIA INVITATION FOR BIDS (IFB 10-06) NOTICE IS HEREBY GIVEN that the City of Palm Springs, California, is soliciting informal bids from qualified firms for: INSTALLATION OF 50 PAIR CABLE The City of Palm Springs requires a contractor to install 50-pair black gel-filled cable of underground telephone cable. The work requires a contractor with a Class A or C-10 License to carry out the work. Work shall be performed in accordance with "Greenbook" Standard Specifications for Public Works Construction. A Agreement with the City of Palm gp&4gs. (WAIVED) Bids will be received until 3.00 P.M., WEDNESDAY, APRIL 14, 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 Lei hAnn.Gileno alms rin s-ca. ov 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 bidder 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.) Z Leigh Ann Gileno Procurement Specialist II 2 INVITATION FOR BIDS (IFB 10-06) 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. If 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 11, must be completed. X Affidavit of Non-collusion by Contractor form, page 12, must be manually signed and countersigned by a Notar Public. X Bidders General Information form, page 13-14, must be completed. 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 10-06 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 deGi6ian of the Palm SpFings Gily GeunG" wall be fiRal. it is aRtiGipated that City Gewmnil bids. (Award of this project is within the authority of the City Manager). 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. PRE-BID WALK THROUGH: Prospective Bidders are strongly advised to attend a Pre-Bid Walk-Through which will be conducted by the City in order to acquaint the Bidders with existing site conditions. The pre-proposal walk-through will take place on Wednesday, April Ph, 2010, at 9:30 A.M. Local Time. Please allow at least 1 hour for site tour. Participants will meet promptly at 9:30 A.M. at the Palm Springs City Yard, 425 North Civic Drive, Palm Springs, CA 92262. It shall be the full responsibility of the Bidder to visit and inspect all 4 locations prior to submission of a Bid. No variation in price or condition shall be permitted based on a claim of ignorance. Failure of a Bidder to attend the pre-bid walk-through shall constitute acceptance of all pre-existing site conditions and shall constitute a waiver of any and all future claims relating to said conditions. 12. 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. 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@i)almsprings-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 1100 A.M., Local Time, Thursday April 8th, 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. 13. Notice of Award: After award of the Bid by the Palm Springs City Cou (City Manager) 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. 14. 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. 15.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_fact_o-r in award of bid and may be cause for rejection, as determinedby the City_ 16.Local Preference in Public Works Contracts (Sub-Contracting). The prime contractor shall 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. The prime contractor shall submit evidence of such good faith efforts at the time of submission of bids. Good faith efforts may be, evaluated by placing advertisements inviting proposals in local newspapers, sending request for proposals to local sub-contractors, or by demonstrating that no local sub- contractors are qualified to perform the work or supply the materials or equipment. 5 Any notice inviting bias which may require the use of sub-contractors shall include notification of this subsection. The City Council or Director may reject as non- responsive the bid of any contractor proposing to use sub-contractors that fail to comply with the requirements of this subsection. 17. 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. 18. 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, 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. 19. 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. 20. 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. 21. Governing Law: This contract shall be construed and interpreted according to the laws of the State of California. 22. The requirement of a Performance Bond has been waived. 23. The requirement of a Payment Bond has been waived. 6 CITY OF PALM SPRINGS IFB 10-06 SCOPE OF WORK AND SPECIAL CONDITIONS 1. Purpose: Work to include labor and materials for the installation, termination, placement and testing of a 50-pair black gel-filled underground telephone cable from the City Hall phone terminal to the City Yard phone terminal. 2. Sco a of Work: The work requires a contractor with a Class A or C-10 License to carry out the work. Work shall be performed in accordance with "Greenbook" Standard Specifications for Public Works Construction. A payment labor/material) bond w"! ;fyew are the WAIVED The cable is to be one continuous run without splice points and to be run through existing underground conduit. The conduit passes through 7 underground pull vaults and consists of a run length of approximately 2780 feet terminal to terminal. Each terminal end point will be terminated on '66' punch-down blocks. 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 Requirement: The Contractor awarded the Contract shall meet all insurance 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. 7 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 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 10-06) Lump Sum Price for Construction of Installation of 50 Pair Cable In Palm Springs, California Item Scope of work 1. Work to include labor and materials for the installation, termination, placement and testing of a 50-pair black gel-filled underground telephone cable from the City Hall phone terminal to the City Yard phone terminal. The cable is to be one continuous run without splice points and to be run through existing underground conduit. The conduit passes through 7 underground pull vaults and consists of a run length of approximately 2780 feet terminal to terminal. Each terminal end point will be terminated on `66' punch-down blocks. Note: Length of cabling is approximate from terminal to terminal; contractor shall confirm its own quantities/length 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) In case the words and figures do not match, the words shall govern and the figures shall be disregarded (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 IFB is required by including the acknowledgment with your bid. 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) # is/are hereby acknowledged. 9 _ h-ANS FOR 5a PAi?. =-�:UZ>Gp FRaiw1CITY ztjT 4V77i Veal AD ' kCorr VARr, t TIOU Q i....� ,ray p -F Lf ATTACHMENT "A" 10 REFERENCES The City is seeking a contractor who has the experience and capability to install 50 Pair Cabling from the City Yard to City Hall 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: 11 Y 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 20_ Notary Public in and for said County and State FIDAVI.FRM 12 BruDER'S GENERAL INFORMATION The Bidder shall furnish the following information. Failure to complete all Items will cause the Bid to be non-responsive and may cause its rejection. 1. BIDDER/CONTRACTOR'S Name and Street Address: 2. CONTRACTOR'S Telephone Number: ( ) Facsimile Number: ( ) 3. CONTRACTOR'S License: Primary Classification State License Number(s) Supplemental License Classifications 4. Surety Company and Agent who will provide the required Bonds on this Contract: Name of Surety WAIVED Address WAIVED Surety Company WAIVED Telephone Numbers: Agent ( ) Surety ( ) 5. Type of Firm (Individual, Partnership or Corporation): 6. Corporation organized under the laws of the State of: 7. List the names and addresses of the principal members of the firm or names and titles of the principal officers of the corporation or firm: BIDDER'S GENERAL INFORMATION (Continued) 13 8. Number of years experience as a contractor in this specific type of construction work: 9. List at least three related projects completed to date: WAIVED; See Page 11 of IFB for References. a. Owner Address Contact Class of Work Phone Contract Amount Project Date Completed Contact Person Telephone number b. Owner Address Contact Class of Work Phone Contract Amount Project Date Completed Contact Person Telephone number C. Owner Address Contact Class of Work Phone Contract Amount Project Date Completed Contact Person Telephone number 10. List the name and title of the person who will supervise full-time the proposed work for your firm: 11. Is full-time supervisor an employee contract services ? 12. A financial statement or other information and references sufficiently comprehensive to permit an appraisal of your current financial condition may be required by the Engineer. WAIVED 14 PAYMENT BOND (WAIVED) 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 truly to 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: 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. 15 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) 16 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: Installation of 50 Pair Cable The Work is generally described as follows: Installation of 50 Pair Cable from City Hall 3200 E. Tahquitz Canyon Way to the City Yard located at 425 N. Civic Drive, 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$ 0.00 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). 17 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, 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. 18 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.I State of i-'. County of Css County of I ss 19 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: 20 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 21 EXHIBIT "A" SPECIAL PROVISIONS Business License Requirement: Contractor shall possess a valid City of Palm Springs Business License throughout the term of this agreement. Performance Bond - Performance Bond requirement is hereby waived. Payment Bond: - Payment Bond requirement is hereby waived. All work shall be performed in accordance with the "Greenbook" Standard Specifications for Public Works Construction, 2006 edition. 22 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 TYPE OF WORK D PERFORMED AND LOCATION LIMITS OF LIABILITY IN THOUSANDS(x1000) �m^ TYPE OF INSURANCE POLICY NUMBER EACH OCCURRENCE AGGREGATE COMPREHENSIVE GENERAL LIABILITY Including: $ S ❑ EXPLOSION AND COLLAPSE BODILY INJURY $ $ ❑ UNDERGROUND DAMAGE PROPERTY DAMAGE ❑ PRODUCTS/COMPLETED OPERATIONS or ❑ CONTRACTUAL INSURANCE BODILY INJURY AND $ $ ❑ 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 01 NON-OWNED BODILY INJURY AND PROPERTY ❑ MOTOR CARRIER ACT DAMAGE COMBINED $ EXCESS LIABILITY BODILY INJURY Including: AND PROPERTY ❑ DAMAGE COMBINED $ EMPLOYER'S LIABILITY WORKER'S COMPENSATION STATUTORY and EMPLOYER'S LIABILITY Including: EL $ IEACH ❑ LONG SHOREMEN'S AND ACCIDENT) HARBOR WORKFRS 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 mall 30 days written notice to the below-named certificate holder: NAME AND ADDRESS OF ADDITIONAL INSURED DATE ISSUED BY FAGS 23 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_Endorsement Form for the City of Palm Springs or (2) an acceptable Certificate of 24 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 agerit/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 25 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 TO MAIL 30 DAYS' WRITTEN NOTICE TO THE CERTIFICATE HOLDER NAMED HEREIN BUT FAILURE TO MAIL SUGH NOTICE SHALL IMPOSE NO 0961GATION Q LIABILITY OF ANY KIND UPON THE INSURER, ITS AGENT-6--OR . REPRESENTATIVES, *The broker/agent can include a qualifier stating "10 days notice for nonpayment of premium." ............................................................................._......_......._........................................_......__................................................... ............._...................._........................................................................_................................. . I .. .. ........ ....... .. . .........................................................�............... .............................................................................. "IT IS UNDERSTOOD AND AGR EED THAT THE COMPANY i 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 i 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 26 k O INVITATION FORBIDS NO. 10-06 FOR INSTALLATION OF 50 PAIR CABLE 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..........................................................I.......7-8 PRICING PAGE (MUST BE MANUALLY SIGNED)....................................................................9 ATTACHEMENT"A' SPECIFICATION DRAWINGS................................................................ 10 BIDDER'S REFERENCE LIST........--•..........:....I.......................... 11 AFFIDAVIT OF NON-COLLUSION...............................•-•-----.......................................... 12 BIDDERS GENERAL INFORMATION FORM .................................................I................... 43-14 PAYMENT- BON)-FORM ...................................................................... ............WAIVED 15-16 CONTRACT AGREEMENT................................................................................................. 17-20 WORKER'S COMPESATION CERTIFICATE .............................. ..............21 EXHIBIT"A" ................................................................................I.............................. .22 CERTIFICATE OF INSURANCE SAMPLE DOCUMENT..... ..................................................23 SUMMARY OF INSURANCE REQUIREMENTS FOR CITY CONTRACTS ........................24-26 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: Wednesday, April 14t", 2010 TIME DUE: 3:00 P.M., Local Time 1 .. NOTICE INVITING BIDS CITY OF PALM SPRINGS, CALIFORNIA I INVITATION FOR BIDS (IFB 10-06) NOTICE IS HEREBY GIVEN that the City of Palm Springs, California, is soliciting informal bids from qualified firms for: INSTALLATION OF 50 PAIR CABLE The City of Palm Springs requires a contractor to install 50-pair black gel-filled cable of underground telephone cable. The work requires a contractor with a Class A or C-10 License to carry out the work. Work shall be performed in accordance with "Greenbook" Standard Specifications for Public Works Construction. A { payment (labe4naterial) bond will be MqUiFed he-sel and enter onto an Springs.AgFeement with the Gity of Palm (WAIVED) Bids will be received until 3:00 P.M., WEDNESDAY, APRIL 14, 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 Lei hAnn.Gileno alms rin s-ca. ov 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 bidder 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.) Leigh Ann Gileno Procurement Specialist II 2 INVITATION FOR BIDS (IFB 10-06) BIDDER'S CHECK LIST i I INSTRUCTIONS TO BIDDER: 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. i NOTE: ONLY THOSE ITEMS MARKED BY AN "X"ARE REQUIRED, E X Bid Proposal page 9, must be manually signed. CX Erasures or other changes made to the Bid Proposal Pages must be initialed by the l . person signing the Bid. X References form, page 11, must be completed. X Affidavit of Non-collusion by Contractor form, page 12 must be manually signed and countersicined by a NojM Public. i X Bidders General Information form, page 13-14, must be completed. 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 10-06 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 I 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. i The dvvwv.� of t e Palm Qv.wi City I will be find icy nr. � f ity f'`..URGil will awaFd the bid at their requlaFly SGheduled meeti­ 'Fe • t)i��91#�SI �t�o-crrrtiFil�3ated�har-+vrry-"'r�trarrtn bids. (Award of this project is within the authority of the City Manager). 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. PRE-BID WALK THROUGH: Prospective Bidders are strongly advised to attend a Pre-Bid Walk-Through which will be 'conducted by the City in order to acquaint the Bidders with existing site conditions. The pre-proposal walk-through will take place on Wednesday, April 7"', 2010, at 9.30 A.M. Local Time. Please allow at least 1 hour for site tour. Participants will meet promptly at 9:30 A.M. at the Palm Springs City Yard, 425 North Civic Drive, Palm Springs, CA 92262. It shall be the full responsibility of the Bidder to visit and inspect all 4 locations prior to submission of a Bid. No variation in price or condition shall be permitted based on a claim of ignorance. Failure of a Bidder to attend the pre-bid walk-through shall constitute acceptance of all pre-existing site conditions and shall constitute a waiver of any and all future claims relating to said conditions. I 12. 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. 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 I Procurement& Contracting Dept. l 3200 East Tahquitz Canyon Way Palm Springs, CA 92262 via FAX (760) 323-8238 or via EMAIL: Lei hAnn.Gileno alms rin s-ca. ov 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 Thursday Aril 8th 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/81DS 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 13. Notice of Award: After award of the Bid by the Pam-Sprigs- 4ty-Sew (City Manager) 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. 14.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. 15.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. 16.Local Preference in Public Works Contracts (Sub-Contracting). The prime contractor shall 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. The prime contractor shall submit evidence of such good faith efforts at the time of submission of bids. Good faith efforts may be. evaluated by placing advertisements inviting proposals in local newspapers, sending request for proposals to local sub-contractors, or by demonstrating that no local sub- contractors are qualified to perform the work or supply the materials or equipment. 5 Any notice inviting bids which may require the use of sub-contractors shall include notification of this subsection.' The City Council or Director may reject as non- responsive the bid of any contractor proposing to use sub-contractors that fail to comply with the requirements of this subsection. 17.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. 18. 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, If, after notice of termination of this contract under the provisions of this clause, it's determined F 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. 19. 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 casts 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 rice. In no event shall the City be p Y 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. 20.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. 21. Governing Law: This contract shall be construed and interpreted according to the laws of the State of California. 22. The requirement of a Performance Bond has been waived. 23. The requirement of a Payment Bond has been waived. 6 CITY OF PALM SPRINGS I IFB 10-06 P E SCOPE OF WORK AND SPECIAL CONDITIONS 1. Purpose: Work to include labor and materials for the installation, termination, placement and testing of a 50-pair black gel-filled underground telephone cable from the City Hall phone terminal to the City Yard phone terminal. 2. Scope of Work: The work requires a contractor with a Class A or C-10 License to carry out the work. Work shall be performed in accordance with "Greenbook" Standard Specifications for Public Works Construction. -A-pa ;f Y91A aFG the ethe City of Palm SpFingr,. WAIVED The cable is to be one continuous run without splice points and to be run through existing underground conduit. The conduit passes through 7 underground pull vaults and consists of a run length of approximately 2780 feet terminal to terminal. Each terminal end point will be terminated on '66' punch-down blocks. 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 I 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. i 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 Requirement. The Contractor awarded the Contract shall meet all insurance 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. 7 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 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(IFS 10-06) Lump Sum Price for Construction of Installation of 50 Pair Cable In Palm Springs, California Item Scol2eofwork 1. Work to include labor and materials for the installation, termination, placement and testing of a 50-pair black gel-filled underground telephone cable from the City Hall phone terminal to the City Yard phone terminal. The cable is to be one continuous run without splice points and to be run through existing underground conduit. The conduit passes through 7 underground pull vaults and consists of a run length of approximately 2780 feet terminal to terminal. Each terminal end point will be terminated on '66' punch-down blocks. Note: Length of cabling is approximate from terminal to terminal; contractor shall confirm its own quantities/length 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 i For the lump sum of$ 9,693.86 (Price in figures) Nine Thousand Six Hundred Ninety Three and 86/100 Price in words In case the words and figures do not match, the words shall govern and the figures shall be disregarded i (Signatures): Name of firm submitting bid Cove Flectric, Inc. Authorized signature �- ---- W_ Printed name Simon Bojkovsky Title V. President Address 77824 Wildcat Drive City, State, Zip Palm Desert, CA 92211 Telephone No: 760-360-0036 Fax No: 760-360-7895 E-mail ADDENDA ACKNOWLEDGMENT: Acknowledgment of Receipt of any Addenda issued by the City for this IFB is required by including the acknowledgment with your bid. 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 . .......................... .............. .. ftA{Va Fps 50 >:'Ai;�, CITY 'YARD n`51 7t 1 • t i ry • � ��7'Y Ail.'., RtwftI1 CoUR"140US4 TAcd R r 1 ATTACHMENT "A" 10 ......_ .. REFERENCES The City is seeking a contractor who has the experience and capability to install 50 Pair Cabling from "the City Yard to City Hall 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: Eisenhower Medical Center Contact Person: Dean Demir Phone# 760-340-3911 Brief description of project: Low Voltage cabling&installation 2) Name of firm or agency: Agua Caliente Casino Contact Person: Robert Rasha Phone# 760-275-0982 I Brief description of project: Low Voltage cabling&installation I i k 3) Name of firm or agency; Berger Foundation Contact Person: Doug Vance Phone# 760-341-5293 I i Brief description of project: Low Voltage cabling&installation i CITY OF PALM SPRINGS, CALIFORNIA INVITATION FOR BIDS NO. 10-04 AFFIDAVIT OF NON-COLLUSION a STATE OF CALIFORNIA ) ) SS COUNTY OF RIVERSIDE ) The undersigned, being first duly sworn, deposes and says that he or she is V. President of Cove Electric, Inc. the party making the foregoing bid. That the bid g 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 j 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. A gy-' - ,_, ,� ��_ Title V. President Subscribed and sworn to before me this 14 day of April , 2010 N tary Public in a d for said C unty and State FIDAVI.FRM JEANNIE 1. $TEWART Commission * 17,14239 Notary Public -California Riverside County *Comm.Eames Jun b,2011 12 _ ....... f . BIDDER'S GENERAL INFORMATION The Bidder shall furnish the following information. Failure to complete all Items will cause the Bid to be non-responsive and may cause its rejection. 1_ BIDDER/CONTRACTOR'S Name and Street Address: Cove Electric, Inc. 77824 Wildcat Drive Palm Desert,CA 92211 2. CONTRACTOR'S Telephone Number: (760 ) 360-0036 Facsimile Number: (760 ) 360-7895 3. CONTRACTOR'S License: Primary Classification c-10 State License Number(s) 397002 Supplemental License Classifications C-7 1 4. Surety Company and Agent who will provide the required Bonds on this Contract: I Name of Surety WAIVED Address WAIVED Surety Company WAIVED Telephone Numbers: Agent{ ) Surety.( ) 5. Type of Firm (Individual, Partnership or Corporation): Corporation„_. 6. Corporation organized under the laws of the State of: California 7. List the names and addresses of the principal members of the firm or names and titles of the principal officers of the corporation or firm: Gar Hulslander President Charles Bojkovsky Secretary/Treasurer Simon Bojkovsky V. President BIDDER'S GENERAL INFORMATION (Continued) 13 $. Number of years experience as a contractor in this specific type of construction work: 33 9. List at least three related projects completed to date: WAIVED; See Page 11 of IFB for References. a. Owner Address Contact Class of Work Phone Contract Amount Project Date Completed Contact Person Telephone number b. Owner Address Contact Class of Work j Phone Contract Amount Project Date Completed Contact Person Telephone number C. Owner Address i Contact Class of Work ' Phone Contract Amount Project Date Completed Contact Person Telephone number 10. List the name and title of the person who will supervise full-time the proposed work for your firm: Curtis Eto 11. Is full-time supervisor an employee x . contract services ? 12. A financial statement or other information and references sufficiently comprehensive to permit an appraisal of your current financial condition may be required by the Engineer. WAIVED 14 PAYMENT BOND (WAIVED) i 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 truly to 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: I I 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. 15 4 _......... ..................... .._......._._.............._.............................................................. ............._..._........_.........-...-...............................--............................ 4 Y t� i 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) j Print Name and Title: i i By Signature(NOTARIZED) Print Name and Title: SURETY By Title (SEAL AND NOTARIAL ACKNOWLEDGMENT OF SURETY) 16 Check a License or Home Improvement Salesperson (HIS) Registration - Contractors Stat... Page 1 of 2 DePartment of Consumer Affair State Lip, e oa Cd Contractor's License Detail - License # 397002 DISCLAIMER:A license status check provides Information taken from the CSLB license database.Before relying on this information,you should be aware of the following limitations. CSLB complaint disclosure is restricted by law(B&P 7124.6). If this entity is subject to public complaint disclosure,a link for complaint disclosure will appear below. Click on the link or button to obtain complaint and/or legal action information, >>Per B..&...P 7071.17,only construction related civil judgments reported to the CSLB are disclosed. Arbitrations are not listed unless the contractor fails to comply with the terms of the arbitration. Due to workload,there may be relevant information that has not yet been entered onto the Board's license database. License Number: 397002 Extract Date: 04/14/2010 .............I....................... ................... COVE ELECTRIC INC Business Information: 77824 WILDCAT DRIVE PALM DESERT, CA 92211 Business Phone Number: (760)360-0036 Entity: Corporation ............................._....................... ............m...._...._..........................._.... � . Issue Date: 12/11/1980 ..._ .._......... ._._..__._. ......................_.., ._. ........... Expire Date: ' 12/31/2010 ..._..... . _ _. _.... .. .__ .._ ... License _...,.,.,..,. , Status: This license is current and active.All information below should be reviewed. CLASS DESCRIPTION Classifications: C10 EI ECTRIGAL C-7 LOW VOLTAGE SYSTEMS CONTRACTOR'S BOND This license filed Contractor's Bond number 10120194 in the amount of$12,500 with the bonding company AMERICAN CONTRACTORS INDEMNITY COMPANY. Effective Date: 01/01/2007 C.o.ntra..ctor's._[3on..d...ing History. BOND OF QUALIFYING INDIVIDUAL Bonding: 1. This license filed Bond of Qualifying Individual number 10139160 for SIMON TROY BOJKOVSKY in the amount of$12,600 with the bonding company AMERICAN CONTRACTORS INDEMNITY COMPANY. Effective Date:05/25/2007 2. The Responsible Managing Officer(RMO)CHARLES BLAIR BOJKOVSKY certified that he/she owns 10 percent or more of the voting stock/equity of the corporation.A bond of qualifying individual is not required. Effective Date: 06/22/2009 This license has workers compensation insurance with the OLD REPUBLIC IN COME>ANY ................................................................... ............................................................................................. .. https://www2.cslb.ca.gov/OnlincServices/CheckLicense/LiCenseDetai1.asp 4/14/2010 Check a License or Home Improvement Salesperson(HIS) Registration - Contractors Stat... Page 2 of 2 Policy Number:A1CW96100900 Effective Date: 09/30/2009 Workers'Compensation: Expire Date: 09/30/2010 Workers'Compensation.H.is...to.ry Conditionsof Use I Privacy_Policy Copyright C 2010 State of California https://www2.cslb.ca.gov/OnlineServices/CheekLicense/LicenseDetail.asp 4/14/2010 Page 1 of 1 Kathie Hart From: Carl Sessoms Sent: April 27, 2010 11:11 AM To: Kathie Hart Subject: RE: Cove Electric YES I .0 Account Specialist Business License Division City of Palm Springs 32DO E.Tahquitz Canyon Way Palm Springs,CA 92282 7BD-323-8289 7BO-322-8344 FAX Carl.Sessoms9 palmsprings-ca.gov www.palmsprings-ca.gov Please note that City hours are from 8:00 am to 6:00 pm Mon. - Thurs. and closed on Fridays From: Kathie Hart Sent: Tuesday, April 27, 2010 11:01 AM To: Carl Sessoms Subject: Cove Electric Carl: Does Cove Electric from Palm Desert have a business license? Thx! Kathie Hart, CMC Chief Deputy City Clerk City of Palm Springs 3200 E. Tahquitz Canyon Way Palm Springs,CA 92262 ?''" (760) 323-8206 1 rni (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 on Fridays at this time. 04/27/10