HomeMy WebLinkAbout05363 - DATELAND CONSTRUCTION CO INC VILLAGEFEST BOLLARDS CP 05-25 DOC # 2007-0585178
09/17/2007 08:00R Fee;NC
page 1 of 1
Recorded in Official Records
County of Riverside
Larry Nord
County
Clerk & Recorder
I IIIIII Ii IIII III IIIIII(IIII IIIII IIIIII III IIIII IIII IIII
S R U PAGE SIZE DA MISC LONG RFD COPY
M A L 465 426 PCOR NCDR SMF 'IJCHGi EXAM
Recording Requested By And
When Recorded Return To:
City of Palm Springs Attu:City Clerk
Box ox 2743,Palm Springs,CA 92263-2743
(SPACE ABOVE THIS LINE FOR RECORDING USE) p•l.�
(FYP,'MP1'PROM RRCORDING FF,R PER GOV CODE q 6103)
NOTICE OF COMPLETION
NOTICE IS HEREBY given that.
1. The City of Palm Springs,California,is a municipal corporation,organized and Incorporated pursuant to the laws of the Stare of California.
2. The City Clerk of the City of Palm Springs is authorized and directed to execute,on behalf of said City,any and all Notices of Completion-
3- The address ofthe Cityof Palm Springs is City Hall,3200 E,Taliquitz Canyon Way,Palm Springs,California(P.O.Box 2743,Palm Springs,
CA 92263-2743),
4. The public work of improvement on the hereinafter referred to real property within the city was COMPLETED on the 3"' day of
August,2007.
5. The name of the contractor(if named)for such work of improvement was:Datcland Construction Company,Incorporated: located at
50-305 Highway 111,Coachella,CA 92236.
6. The public work of improvement,which was completed in the City of Palm Springs.County of Riverside,State of California,is described
as follows:VillageFest Bollards.
7. Nature of Interest:Fee Owner
8. The property address or location of said property is:3400 East Taliquitz Canyon Way,Palm Springs International Airport Parldrig Lot,
Palm Springs,California.
9. City Project No.05-25,Agreement Number. 5363,Minute Order Number:7949 CITY OF PALM SPRINGS: REVIEWED BY: e t DATED: q/`12-o 7
Senior Public Works hispecror
'chael IC Lylar
BY: of % DATED
Director of Public Works/City Engineer
David J.Barakian
JAMES THOMPSON, being duly swom,says:
That he is the City Clerk of the aforesaid City of Palm Springs,Califomta,the corporation that executed the foregoing notice; that he makes this
verification on behalf of said corporation; that he has read the forcgoing Notice of Completion,and knows the contents Thereof,and That the facts
stated therein are true; that as said City Clerk,he makes thii ri-ticalion on behalf of said municipal corporation.
r
/� City Clerk-James Thompson index No. 0907
DOCUMENT TRACKING
Page: I
Report: One Document Detail September 26, 2007
Condition: Document Number a6363,
Document# Description Approval Date Expiration Date Closed Date
A53 VtllageFest bollard project CP 05-25 10/10/2006 01/01/2008
Company Name: Dateland Construction Co., Inc
Address: 50-305 Hwy 111, Coachella, CA 92236
Contract Amt. Total Paid Balance
Group: ENGINEERING $8,025.00 $8,02500
Service: NOC
xRef: DAVID BARMAN 760 323-8253
Ins- Status: Certificate and Policies are OK
Document Tracking ]terns: Due Completed Trackina Amount Amount
Code Item Description Date Date Date Added Paid
MO 7949 not prov by dept 1 1/0 112 006 $65,270.00
kdh recv'd from dept- returned -- there are issues 1211812006
kdh MLB took to talk to C Gladders about it 12/18/2006
kdh to CA for sig 1212012006
kdh to CM for sig 1212712006
kdh distrib to dept In File 12/2812006
kdh COI to CM for sig (CM may auth - under 07/09/2007 S-57,245 00
$25,000)
kdh CO 1 distrib to dept IN FILE 0 711 1/2007
kdh NOC 2007-058178 09/1712007
END OF REPORT ' * ' * • "
Vim'
6 �o�
CITY OF PALM SPRINGS
CONTRACT CI3ANGE ORDER
To: Dateland Construction Company,Inc Date: June 11,2007
50 305 Highway 111 Project No.: 05.25
Coachella,CA 92236 Project: Villagefest Bollards
Change Order No.: One (1)
Contract Purchase No.: 716645
Account Number: 1395.54050
Minute Order No.: 7949
Agreement No.: 5363
CHANGES IN WORVJCOST
Decrease to Contract Quantities
- Exhibit "C"
Item No.
I. Initial Mobilization -I Lump Sum ($7,800.00)
2. Traffic Control -1 Lump Sum ($4,200.00)
3. Install Sleeves (AC) -8 @ S380.00/EA ($3,040.00)
4. Install Sleeves (PCC) -76 @, $480 00/EA ($36,480.00)
5. Install Sleeves(pavers) -25 @$550.00/EA _($13.750.00)
Subtotal of Decreases ($65,270.00)
Increase to Contract Quantities
New Items
A. Install bollards in AC at 13 @ S525.00/EA $6,825.00
airport pay parking lot
B. Mobilization I Lump,Surn 51,200.00
Subtotal of Increases S8,025.00
Total- Change Order Decrease Amount ($57,245.00)
REASONS FOR CHANGES:
Following award of the bollard installation contract to Dateland Construction,objections were raised by
Parks and Public Safety personnel about the practicality and possible safety concerns with the planned use
of the downtown bollard system. At their request, an alternate use for the bollards was identified at the
airport which agreed to purchase the bollards. Items A and B above represents the cost for Dateland to
install the first series of bollards on the airport property in accordance with the existing contract services
agreement. Exact location is to be marked in the field by the City's representative. All other planned
installations have been deleted from the contract as represented in the deletion of all items in Exhibit"C"
above.
Note: No additional mark. ups will be added to any item on this Change Order. All costs are
final.
1
D. SOERCE OF FUNDS
Account No. 1395-54050 will be credited with the all deletions from Exhibit "C"-
Account No. 415-6500-56077 will be utilized for the new installation and mobilization in items A and B.
Summary of Costs Contract Time
Original Contract Amount: $65,270.00 Original Complexion Date: TBD
This Change Order: $(57,245.00) Days Added for this C.C.O.: —0--
Previous Change Order(s): $0 Previous Days Added: --0—
Revised Contract Amount: $8,025.00 Rcviscd Complenon Date: TBD
I have received a copy of this Change City Approval:
Order and the above AGREED PRICES O—Z2—07
are acceptable to the contractor. Submitted by Date.
Senor Pubic Wor s nspector
4B z/rr Approved bq Date � 5-/-7
ltr tor: DaFel d onstrt tion City-Engineer
l �/� Approved by V` �f� �'�— Date
G
? 09
Date /o 10 Craig Toms
OV a BY CHY MANAGER
t,; Approved b
y- nager
(� APPROVED BY CITY COUNCIL
Dare6 11 ZbO� _
City Clerk
Distribution: _
On final Executed Copies Conformed-File Cnov
Contractor (1) Engineering File (1)
City Clerk (1) Senior Public Works Inspector (1)
Finance (1)
2
CITY OF PALM SPRINGS
CONTRACT SERVICES AGREEMENT
Village Fest Bollards, City (Project# 05-25
THIS CONTRACT SERVICES AGREEMENT (herein "Agreement"), is made and entered
into thisday of DP.4 W. DZl 2006, by and between the CITY OF PALM
SPRINGS, a California Charter City, (herein "City")and Dateland Construction Co. Inc. , (herein
"Contractor"). The term Contractor includes professionals performing in a consulting capacity.
The parties hereto agree as follows:
1.0 SERVICES OF CONTRACTOR
1.1 Scope of Services. In compliance with all terms and conditions of this
Agreement, the Contractor shall provide those services specified in the "Scope of Services"
attached hereto as Exhibit"A" and incorporated herein by this reference, which services may be
referred to herein as the "services" or "work" hereunder. As a material inducement to the City
entering into this Agreement, Contractor represents and warrants that Contractor is a provider of
first class work and services and Contractor is experienced in performing the work and services
contemplated herein and, in light of such status and experience, Contractor covenants that it shall /
follow the highest professional standards in performing the work and services required hereunder
and that all materials will be of good quality, fit for the purpose intended. For purposes of this
Agreement, the phrase "highest professional standards" shall mean those standards of practice
recognized by one or more first-class firms performing similar work under similar circumstances.
1.2 Contractor's Proposal. The Scope of Service shall include the Contractor's
proposal or bid which shall be incorporated herein by this reference as though fully set forth herein.
In the event of any inconsistency between the terms of such proposal and this Agreement, the
terms of this Agreement shall govern.
1.3 Compliance with Law. All services rendered hereunder shall be provided
in accordance with all ordinances, resolutions, statutes, rules and regulations of the City and any
Federal, State or local governmental agency having jurisdiction in effect at the time service is
rendered.
1.4 Licenses, Permits. Fees and Assessments. Contractor shall obtain at its
sole cost and expense such licenses, permits and approvals as may be required by law for the
performance of the services required by this Agreement. Contractor shall have the sole obligation
to pay for any fees, assessments and taxes, plus applicable penalties and interest, which may be
imposed by law and arise from or are necessary for the Contractor's performance of the services
required by this Agreement, and shall indemnify, defend and hold harmless City against any such
fees,assessments,taxes,penalties or interest levied,assessed or imposed against City hereunder,
1.5 Familiarity with Work. By executing this Contract, Contractor warrants that
Contractor(a) has thoroughly investigated and considered the scope of services to be performed,
(b) has carefully considered how the services should be performed and (c) fully understands the
facilities, difficulties and restrictions attending performance of the services under this Agreement.
If the services involve work upon any site, Contractor warrants that Contractor has, or will,
investigate the site and is or will be fully acquainted with the conditions there existing, prior to
commencement of services hereunder. Should the Contractor discover any latent or unknown
conditions,which will materially affect the performance of the services hereunder, Contractor shall
-1-
AN D/CR r"GRE-E'M r=X'V
immediately inform the City of such fact and shall not proceed except at Contractor's risk until
written instructions are received from the Contract Officer.
1.6 Care of Work. The Contractor shall adopt reasonable methods during the
life of the Agreement to furnish continuous protection to the work, and the equipment, materials,
papers,documents, plans,studies and/or other components thereof to prevent losses or damages,
and shall be responsible for all such damages, to persons or property, until acceptance of the work
by City, except such losses or damages as may be caused by City's own negligence.
1.7 Further Responsibilities of Parties. Both parties agree to use reasonable
care and diligence to perform their respective obligations under this Agreement. Both parties agree
to act in good faith to execute all instruments, prepare all documents and take all actions as may
be reasonably necessary to carry out the purposes of this Agreement. Unless hereafter specified,
neither party shall be responsible for the service of the other.
1.8 Additional Services. City shall have the right at anytime during the performance
of the services, without invalidating this Agreement, to order extra work beyond that specified in
the Scope of Services or make changes by altering, adding to or deducting from said work. No
such extra work may be undertaken unless a written order is first given by the Contract Officer to
the Contractor, incorporating therein any adjustment in (i)the Contract Sum, and/or(ii)the time to
perform this Agreement, which said adjustments are subject to the written approval of the
Contractor. Any increase in compensation of up to five percent (5%) of the Contract Sum or
$25,000; whichever is less, or in the time to perform of up to one hundred eighty(180) days may
be approved by the Contract Officer. Any greater increases, taken either separately or
cumulatively must be approved by the City Council. It is expressly understood by Contractor that
the provisions of this Section shall not apply to services specifically set forth in the Scope of
Services or reasonably contemplated therein,
1.9 Special Requirements. Additional terms and conditions of this Agreement,
if any, which are made a part hereof are set forth in the "Special Requirements" attached hereto
as Exhibit "B" and incorporated herein by this reference. In the event of a conflict between the
provisions of Exhibit "B" and any other provisions of this Agreement, the provisions in Exhibit"B"
shall govern.
2.0 COMPENSATION
2.1 Contract Sum. For the services rendered pursuant to this Agreement, the
Contractor shall be compensated in accordance with the "Schedule of Compensation" attached
hereto as Exhibit "C" and incorporated herein by this reference, but not exceeding the maximum
contract amount of Sixty Five Thousand Two Hundred Seventy Dollars (56fj 70.00) (herein
"Contract Sum"), except as provided in Section 1.8. The method of compensation may include (i)
a lump sum payment upon completion, (ii) payment in accordance with the percentage of
completion of the services, (iii) payment for time and materials based upon the Contractor's rates
as specified in the Schedule of Compensation, but not exceeding the Contract Sum or (iv) such
other methods as may be specified in the Schedule of Compensation. Compensation may include
reimbursement for actual and necessary expenditures for reproduction costs,telephone expense,
transportation expense approved by the Contract Officer in advance, and no other expenses and
only if specified in the Schedule of Compensation. The Contract Sum shall include the attendance
of Contractor at all project meetings reasonably deemed necessary by the City; Contractor shall
not be entitled to any additional compensation for attending said meetings. Contractor hereby
acknowledges that it accepts the risk that the services to be provided pursuant to the Scope of
-2.
Services may be more costly or time consuming than Contractor anticipates, that Contractor shall
not be entitled to additional compensation therefore, and the provisions of Section 1.8 shall not be
applicable for such services.
2.2 Method of Payment. Unless some other method of payment is specified in
the Schedule of Compensation, in any month in which Contractor wishes to receive payment, no
later than the first(1")working day of such month, Contractor shall submit to the City in the form
approved by the City's Director of Finance, an invoice for services rendered prior to the date of the
invoice. Except as provided in Section 7.3, City shall pay Contractor for all expenses stated
thereon which are approved by City pursuant to this Agreement no later than the last working day
of the month.
3.0 PERFORMANCE SCHEDULE
3.1 Time of Essence. Time is of the essence in the performance of this
Agreement.
3.2 Schedule of Performance. Contractor shall commence the services pursuant
to this Agreement upon receipt of a written notice to proceed and shall perform all services within
the time period(s) established in the "Schedule of Performance" attached hereto as Exhibit "D", if
any, and incorporated herein by this reference. When requested by the Contractor, extensions to
the time period(s) specified in the Schedule of Performance may be approved in writing by the
Contract Officer but not exceeding one hundred eighty (180) days cumulatively.
3.3 Force Maieure. The time period(s)specified in the Schedule of Performance
for performance of the services rendered pursuant to this Agreement shall be extended because
of any delays due to unforeseeable causes beyond the control and without the fault or negligence
of the Contractor, including, but not restricted to, acts of God or of the public enemy, unusually
severe weather,fires,earthquakes,floods, epidemics, quarantine restrictions, riots, strikes,freight
embargoes, wars, litigation, and/or acts of any governmental agency, including the City, if the
Contractor shall within ten(10)days of the commencement of such delay notify the Contract Officer
in writing of the causes of the delay. The Contract Officer shall ascertain the facts and the extent
of delay, and extend the time for performing the services for the period of the enforced delay when
and if in the judgment of the Contract Officer such delay is justified. The Contract Officer's
determination shall be final and conclusive upon the parties to this Agreement. In no event shall
Contractor be entitled to recover damages against the City for any delay in the performance of this
Agreement,however caused, Contractor's sole remedy being extension of the Agreement pursuant
to this Section.
3.4 Term. Unless earlier terminated in accordance with Section 7.8 of this
Agreement, this Agreement shall continue in full force and effect until completion of the services
but not exceeding one(1)year from the date hereof, except as otherwise provided in the Schedule
of Performance (Exhibit "D").
4.0 COORDINATION OF WORK
4.1 Representative of Contractor. The following principals of Contractor are
hereby designated as being the principals and representatives of Contractor authorized to act in
its behalf with respect to the work specified herein and make all decisions in connection therewith:
Larry Noriega.
-3-
It is expressly understood that the experience, knowledge, capability and reputation of the
foregoing principals were a substantial inducement for City to enter into this Agreement. Therefore,
the foregoing principals shall be responsible during the term of this Agreement for directing all
activities of Contractor and devoting sufficient time to personally supervise the services hereunder.
For purposes of this Agreement, the foregoing principals may not be replaced nor may their
responsibilities be substantially reduced by Contractor without the express written approval of City.
4.2 Contract Officer. The Contract Officer shall be such person as may be
designated by the City Manager of City. It shall be the Contractor's responsibility to assure that the
Contract Officer is kept informed of the progress of the performance of the services and the
Contractor shall refer any decisions which must be made by City to the Contract Officer. Unless
otherwise specified herein, any approval of City required hereunder shall mean the approval of the
Contract Officer. The Contract Officer shall have authority to sign all documents on behalf of the
City required hereunder to carry out the terms of this Agreement.
4.3 Prohibition Against Subcontracting or Assignment. The experience,
knowledge, capability and reputation of Contractor, its principals and employees were a substantial
inducement for the City to enter into this Agreement. Therefore, Contractor shall not contract with
any other entity to perform in whole or in part the services required hereunder without the express
written approval of the City. In addition, neither this Agreement nor any interest herein may be
transferred, assigned, conveyed, hypothecated or encumbered voluntarily or by operation of law,
whether for the benefit of creditors or otherwise, without the prior written approval of City_
Transfers restricted hereunder shall include the transfer to any person or group of persons acting
in concert of more than twenty five percent (25%) of the present ownership and/or control of
Contractor, taking all transfers into account on a cumulative basis. In the event of any such
unapproved transfer, including any bankruptcy proceeding, this Agreement shall be void. No
approved transfer shall release the Contractor or any surety of Contractor of any liability hereunder
without the express consent of City.
The City's policy is to encourage the awarding of subcontracts to persons or entities with
offices located within the jurisdictional boundaries of the City of Palm Springs and, if none are
available, to persons or entities with offices located in the Coachella Valley ("Local
Subcontractors"). Contractor hereby agrees to use good faith efforts to award subcontracts to
Local Subcontractors, if Local Subcontractors are qualified to perform the work required. In
requesting for the City to consent to a subcontract with a person or entity that is not a Local
Subcontractor, the Contractor shall submit evidence to the City that such good faith efforts have
been made or that no Local Subcontractors are qualified to perform the work. Said good faith
efforts may be evidenced by placing advertisements inviting proposals or by sending requests for
proposals to selected Local Subcontractors. The City may consider Contractor's efforts in
determining whether it will consent to a particular subcontractor. Contractor shall keep evidence
of such good faith efforts and copies of all contracts and subcontracts hereunder for the period
specified in Section 6.2.
4.4 Independent Contractor. Neither the City nor any of its employees shall have
any control over the manner, mode or means by which Contractor, its agents or employees,
perform the services required herein, except as otherwise set forth herein. City shall have no voice
in the selection, discharge, supervision or control of Contractor's employees, servants,
representatives or agents, or in fixing their number, compensation or hours of service. Contractor
shall perform all services required herein as an independent contractor of City and shall remain at
all times as to City a wholly independent contractorwith only such obligations as are consistent with
that role. Contractor shall not at any time or in any manner represent that it or any of its agents or
-4-
employees are agents or employees of City. City shall not in any way or for any purpose become
or be deemed to be a partner of Contractor in its business or otherwise or a joint venturer or a
member of any joint enterprise with Contractor.
5.0 INSURANCE, INDEMNIFICATION AND BONDS
5.1 Insurance. The Contractor shall procure and maintain,at its sole cost and
expense, and submit concurrently with its execution of this Agreement, in a form and content
satisfactory to City, public liability and property damage insurance against all claims for injuries
against persons or damages to property resulting from Consultant's performance under this
Agreement. Consultant shall also carry workers' compensation insurance in accordance with
California workers'compensation laws. Such insurance shall be kept in full force and effect during
the term of this Agreement, including any extension thereof, and shall not be cancelable without
thirty (30) days written notice to City of any proposed cancellation. Certificates of insurance
evidencing the foregoing and designating the City, its elected officials, officers,employees,agents,
and volunteers as additional named insureds by original endorsement shall be delivered to and
approved by City prior to commencement of services. The procuring of such insurance and the
delivery of policies, certificates, and endorsements evidencing the same shall not be construed as
a limitation of Consultant's obligation to indemnify City, its elected officials, officers, agents,
employees, and volunteers.
A. Minimum Scope of Insurance. The minimum amount of insurance required
hereunder shall be as follows:
1. Comprehensive general liability and personal injury with limits of at least five
hundred thousand dollars ($500,000) combined single limit coverage per occurrence;
2. Automobile liability insurance with limits of at least five hundred thousand
dollars ($500,000) per occurrence;
3. Workers' Compensation insurance in the statutory amount as required by
the State of California and Employer's Liability Insurance with limits of at least one million dollars
($1,000,000) per occurrence.
For any claims related to this Agreement, Consultant's insurance coverage shall be primary
insurance as respects City and its respective elected officials, officers, employees, agents, and
volunteers. Any insurance or self-insurance maintained by City and its respective elected officials,
officers, employees, agents, and volunteers shall be in excess of Consultant's insurance and shall
not contribute with it. For Workers' Compensation and Employer's Liability Insurance only, the
insurer shall waive all rights of subrogation and contribution it may have against City, its elected
officials, officers, employees, agents, and volunteers-
B. Sufficiency of Insurers. Insurance required herein shall be provided by authorized
insurers in good standing with the State of California. Coverage shall-be provided by insurers
admitted in the State of California with an A.M. Best's Key Rating of B++, Class VIII, or better,
unless otherwise acceptable to the City. � F
C. Verification of Coverage. Consultant shall furnish City with both certificates of
insurance and endorsements, including additional insured endorsements, effecting all of the
coverages required by this Agreement. The certificates and endorsements are to be signed by a
person authorized by that insurer to bind coverage on its behalf. All proof of insurance is to be
-5-
received and approved by the City before work commences. City reserves the right to require
Consultant's insurers to provide complete, certified copies of all required insurance policies at any
time. Additional insured endorsements are not required for Errors and Omissions and Workers'
Compensation policies.
Verification of Insurance Coverage may be provided by: (1) an approved General and/or
Liability Endorsement Form for the City of Palm Springs or(2)an acceptable Certificate of Liability
Insurance Coverage with an approved Additional Insured Endorsement 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 below.
4. Both the Workers'Compensation and Employers'Liability policies shall contain the insurer's
waive of subrogation in favor of City, its elected officials, officers, employees, agents and
volunteers. See example 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. Failure to obtain the required documents prior to the commencement of work shall
not waive the contractor's obligation to provide them.
D. Deductibles and Self-Insured Retentions. Any deductibles orself-insured retentions
must be declared to and approved by the City. At the option of the City, either the insurer shall
reduce or eliminate such deductibles or self-insured retentions as respects the City, its elected
officials, officers, employees, agents, and volunteers; or, Consultant shall procure a bond
guaranteeing payment of losses and related investigations, claim administration, and defense
expenses.
E. Severability of Interests(Separation of Insureds). This insurance applies separately
to each insured against whom claim is made or suit is brought except with respect to the limits of
the insurer's liability.
-6-
5-2 Indemnification. Contractor agrees to indemnify the City, its officers,agents
and employees against, and will hold and save them and each of them harmless from, any and all
actions,suits,claims,damages to persons or property, losses, costs, penalties,obligations,errors,
omissions or liabilities, (herein"claims or liabilities")that may be asserted or claimed by any person,
firm or entity arising out of or in connection with the negligent performance of the work, operations
or activities of Contractor, its agents, employees, subcontractors, or invitees, provided for herein,
orrarising from the negligent acts or omissions of Contractor hereunder,orarising from Contractor's
negligent performance of or failure to perform any term, provision, covenant or condition of this
Agreement,whether or not there is concurrent passive or active negligence on the part of the City,
its officers, agents or employees but excluding such claims or liabilities arising from the sole
negligence or willful misconduct of the City, its officers, agents or employees, who are directly
responsible to the City, and in connection therewith:
(a) Contractor will defend any action or actions filed in connection with
any of said claims or liabilities and will pay all costs and expenses, including legal costs and
attorneys' fees incurred in connection therewith;
(b) Contractorwill promptly pay anyjudgment rendered against the City,
its officers,agents or employees for any such claims or liabilities arising out of or in connection with
the negligent performance of or failure to perform such work, operations or activities of Contractor
hereunder; and Contractor agrees to save and hold the City, its officers, agents, and employees
harmless therefrom;
(c) In the eventthe City, its officers,agents oremployees is made a party
to any action or proceeding filed or prosecuted against Contractor for such damages or other
claims arising out of or in connection with the negligent performance of or failure to perform the
work, operation or activities of Contractor hereunder, Contractor agrees to pay to the City, its
officers, agents or employees, any and all costs and expenses incurred by the City, its officers,
agents or employees in such action or proceeding, including but not limited to, legal costs and
attorneys' fees.
5.3 Performance Bond. Concurrently with execution of this Agreement,
Contractor shall deliver to City a performance bond in the sum of the amount of this Agreement,
in the form provided by the City, which secures the faithful performance of this Agreement,
unless such requirement is waived by the Contract Officer. The bond shall contain the original,
notarized signature of an authorized officer of the surety and affixed thereto shall be a certified
and current copy of his power of attorney. The bond shall be unconditional and remain in force
during the entire term of the Agreement and shall be null and void only if the Contractor
promptly and faithfully performs all terms and conditions of this Agreement.
5.4 Sufficiency of Insurer or Surety- Insurance or bonds required by this
Agreement shall be satisfactory only if issued by companies qualified to do business in
California, rated !'A" or better in the most recent edition of Best 's Key Rating Guide or in the
Federal Register,-unless such requirements are waived by the City Manager or designee of the
City Manager due to unique circumstances. In the event the City Manager determines that the
work or services to be performed under this Agreement create an increased or decreased risk
of loss to the City, the Contractor agrees that the minimum limits of the insurance policies and
the performance bond required by this Section 5 may be changed accordingly upon receipt of
written notice from the City Manager or designee; provided that the Contractor shall have the
right to appeal a determination of increased coverage by the City Manager to the City Council of
City within ten (1 D) days of receipt of notice from the City Manager.
-7-
6.0 REPORTS AND RECORDS
6.1 Reports. Contractor shall periodically prepare and submit to the Contract
Officer such reports concerning the performance of the services required by this Agreement as
the Contract Officer shall require. Contractor hereby acknowledges that the City is greatly
concerned about the cost of work and services to be performed pursuant to this Agreement.
For this reason, Contractor agrees that if Contractor becomes aware of any facts,
circumstances, techniques, or events that may or will materially increase or decrease the cost
of the work or services contemplated herein or, if Contractor is providing design services, the
cost of the project being designed, Contractor shall promptly notify the Contract Officer of said
fact, circumstance, technique or event and the estimated increased or decreased cost related
thereto and, if Contractor is providing design services, the estimated increased or decreased
cost estimate for the project being designed.
6.2 Records. Contractor shall keep, and require subcontractors to keep,
such books and records as shall be necessary to perform the services required by this
Agreement and enable the Contract Officer to evaluate the performance of such services. The
Contract Officer shall have full and free access to such books and records at all times during
normal business hours of City, including the right to inspect, copy, audit and make records and
transcripts from such records. Such records shall be maintained for a period of three (3) years
following completion of the services hereunder, and the City shall have access to such records
in the event any audit is required
6.3 Ownership of Documents. All drawings, specifications, reports, records,
documents and other materials prepared by Contractor, its employees, subcontractors and
agents in the performance of this Agreement shall be the property of City and shall be delivered
to City upon request of the Contract Officer or upon the termination of this Agreement.
Contractor shall have no claim for further employment or additional compensation as a result of
the exercise by City of its full rights of ownership of the documents and materials hereunder.
Any use of such completed documents for other projects and/or use of uncompleted documents
without specific written authorization by the Contractor will be at the City's sole risk and without
liability to Contractor, and the City shall indemnify the Contractor for all damages resulting
therefrom. Contractor may retain copies of such documents for its own use. Contractor shall
have an unrestricted right to use the concepts embodied therein. All subcontractors shall
provide for assignment to City any documents or materials prepared by them, and in the event
Contractor fails to secure such assignment, Contractor shall indemnify City for all damages
resulting therefrom.
6.4 Release of Documents. The drawings, specifications, reports, records,
documents and other materials prepared by Contractor in the performance of services under
this Agreement shall not be released publicly without the prior written approval of the Contract
Officer.
7.0 ENFORCEMENT OF AGREEMENT
7.1 California Law. This Agreement shall be construed and interpreted both
as to validity and to performance of the parties in accordance with the laws of the State of
California. Legal actions concerning any dispute, claim or matter arising out of or in relation to
this Agreement shall be instituted in the Superior Court of the County of Riverside, State of
California, or any other appropriate court in such county. Contractor covenants and agrees to
submit to the personal jurisdiction of such court in the event of such action.
-8-
7.2 Disputes. In the event of any dispute arising under this Agreement, the
Injured party shall notify the injuring party, in writing, of its contentions by submitting a claim
therefor. The injured party shall continue performing its obligations hereunder so long as the
injuring party commences to cure such default within ten (10) days of service of such notice and
completes the cure of such default within forty-five (45) days after service of the notice, or such
longer period as may be permitted by the injured party; provided that if the default is an
immediate danger to the health, safety and general welfare, such immediate action may be
necessary. Compliance with the provisions of this Section shall be a condition precedent to
termination of this Agreement for cause and to any legal action, and such compliance shall not
be a waiver of any party's right to take legal action in the event that the dispute is not cured,
provided that nothing herein shall limit City's or the Contractor's right to terminate this
Agreement without cause pursuant to Section 7.8.
7.3 Retention of Funds. Contractor hereby authorizes City to deduct from
any amount payable to Contractor(whether or not arising out of this Agreement) (i) any
amounts the payment of which may be in dispute hereunder or which are necessary to
compensate City for any losses, costs, liabilities, or damages suffered by City, and (ii) all
amounts for which City may be liable to third parties, by reason of Contractor's acts or
omissions in performing or failing to perform Contractor's obligation under this Agreement. In
the event that any claim is made by a third party, the amount or validity of which is disputed by
Contractor, or any indebtedness shall exist which shall appear to be the basis for a claim of lien,
City may withhold from any payment due, without liability for interest because of such
withholding, an amount sufficient to cover such claim. The failure of City to exercise such right
to deduct or to withhold shall not, however, affect the obligations of the Contractor to insure,
indemnify, and protect City as elsewhere provided herein.
7.4 Waiver. No delay or omission in the exercise of any right or remedy by a
non-defaulting party on any default shall impair such right or remedy or be construed as a
waiver. A party's consent to or approval of any act by the other party requiring the party's
consent or approval shall not be deemed to waive or render unnecessary the other party's
consent to or approval of any subsequent act. Any waiver by either party of any default must
be in writing and shall not be a waiver of any other default concerning the same or any other
provision of this Agreement.
7.5 Rights and Remedies are Cumulative. Except with respect to rights and
remedies expressly declared to be exclusive in this Agreement, the rights and remedies of the
parties are cumulative and the exercise by either party of one or more of such rights or
remedies shall not preclude the exercise by it, at the same or different times, of any other rights
or remedies for the same default or any other default by the other party.
7.6 Lecial Action. In addition to any other rights or remedies, either party may
take legal action, in law or in equity, to cure, correct or remedy any default, to recover damages
for any default, to compel specific performance of this Agreement, to obtain declaratory or
injunctive relief, or to obtain any other remedy consistent with the purposes of this Agreement.
7.7 Liquidated Damages. Since the determination of actual damages for any
delay in performance of this Agreement would be extremely difficult or impractical to determine
in the event of a breach of this Agreement, the Contractor and its sureties shall be liable for and
shall pay to the City the sum of ($ 425.00) as liquidated damages for each working day of
delay in the performance of any service required hereunder, as specified in the Schedule of
Performance (Exhibit "D"). The City may withhold from any monies payable on account of
services performed by the Contractor any accrued liquidated damages-
-9-
7.8 Termination Prior to Expiration Of Term. This Section shall govern any
termination of this Agreement except as specifically provided in the following Section for
termination for cause. The City reserves the right to terminate this Agreement at any time, with
or without cause, upon thirty (30) days written notice to Contractor, except that where
termination is due to the fault of the Contractor, the period of notice may be such shorter time
as may be determined by the Contract Officer. In addition, the Contractor reserves the right to
terminate this Agreement at any time, with or without cause, upon sixty (60) days written notice
to City, except that where termination is due to the fault of the City, the period of notice may be
such shorter time as the Contractor may determine. Upon receipt of any notice of termination,
Contractor shall immediately cease all services hereunder except as may be specifically
approved by the Contract Officer. Except where the Contractor has initiated termination, the
Contractor shall be entitled to compensation for all services rendered prior to the effective date
of the notice of termination and for any services authorized by the Contract Officer thereafter in
accordance with the Schedule of Compensation or as may be approved by the Contract Officer,
except as provided in Section 7.3. In the event the Contractor has initiated termination, the
Contractor shall be entitled to compensation only for the reasonable value of the work product
actually produced hereunder. In the event of termination without cause pursuant to this
Section, the terminating party need not provide the non-terminating party with the opportunity to
cure pursuant to Section 7.2.
7.9 Termination for Default of Contractor. If termination is due to the failure
of the Contractor to fulfill its obligations under this Agreement, City may, after compliance with
the provisions of Section 7.2, take over the work and prosecute the same to completion by
contract or otherwise, and the Contractor shall be liable to the extent that the total cost for
completion of the services required hereunder exceeds the compensation herein stipulated
(provided that the City shall use reasonable efforts to mitigate such damages), and City may
withhold any payments to the Contractor for the purpose of set-off or partial payment of the
amounts owed the City as previously stated.
7,10 Attorneys' Fees. If either party to this Agreement is required to initiate or
defend or made a party to any action or proceeding in any way connected with this Agreement,
the prevailing party in such action or proceeding, in addition to any other relief which may be
granted, whether legal or equitable, shall be entitled to reasonable attorney's fees. Attorney's
fees shall include attorney's fees on any appeal, and in addition a party entitled to attorney's
fees shall be entitled to all other reasonable costs for investigating such action, taking
depositions and discovery
and all other necessary costs the court allows which are incurred in such litigation. All such
fees shall be deemed to have accrued on commencement of such action and shall be
enforceable whether or not such action is prosecuted to judgment.
8.0 CITY OFFICERS AND EMPLOYEES: NON-DISCRIMINATION
8.1 Non-liability of City Officers and Employees. No officer or employee of
the City shall be personally liable to the Contractor, or any successor in interest, in the event of
any default or breach by the City or for any amount which may become due to the Contractor or
to its successor, or for breach of any obligation of the terms of this Agreement.
-10-
8.2 Conflict of Interest. No officer or employee of the City shall have any
financial interest, direct or indirect, in this Agreement nor shall any such officer or employee
participate in any decision relating to the Agreement which effects his financial interest or the
financial interest of any corporation, partnership or association in which he is, directly or
indirectly, interested, in violation of any State statute or regulation. The Contractor warrants
that it has not paid or given and will not pay or give any third party any money or other
consideration for obtaining this Agreement.
8.3 Covenant Against Discrimination. Contractor covenants that, by and for
itself, its heirs, executors, assigns, and all persons claiming under or through them, that there
shall be no discrimination against or segregation of, any person or group of persons on account
of race, color, creed, religion, sex, marital status, national origin, or ancestry in the performance
of this Agreement. Contractor shall take affirmative action to insure that applicants are
employed and that employees are treated during employment without regard to their race,
color, creed, religion, sex, marital status, national origin, or ancestry.
9.0 MISCELLANEOUS PROVISIONS
9.1 Notice. Any notice, demand, request, document, consent, approval, or
communication either party desires or is required to give to the other party or any other person
shall be in writing and either served personally or sent by prepaid, first-class mail, in the case of
the City, to the City Manager and to the attention of the Contract Officer, CITY OF PALM
SPRINGS, P.O. Box 2743, Palm Springs, California 92263. In the case of the Contractor, it
should be addressed to the person at the address designated on the execution page of this
Agreement. Either party may change its address by notifying the other party of the change of
address in writing. Notice shall be deemed communicated at the time personally delivered or in
seventy-two (72) hours from the time of mailing if mailed as provided in this Section.
9.2 Interpretation. The terms of this Agreement shall be construed in
accordance with the meaning of the language used and shall not be construed for or against
either party by reason of the authorship of this Agreement or any other rule of construction
which might otherwise apply.
9.3 Integration; Amendment. It is understood that there are no oral
agreements between the parties hereto affecting this Agreement and this Agreement
supersedes and cancels any and all previous negotiations, arrangements, agreements and
understandings, if any, between the parties, and none shall be used to interpret this Agreement.
This Agreement may be amended at any time by the mutual consent of the parties by an
instrument in writing.
9.4 Severability. In the event that any one or more of the phrases,
sentences, clauses, paragraphs, or sections contained in this Agreement shall be declared
invalid or unenforceable by a valid judgment or decree of a court of competent jurisdiction, such
invalidity or unenforceability shall not affect any of the remaining phrases, sentences, clauses,
paragraphs, or sections of this Agreement which are hereby declared as severable and shall be
interpreted to carry out the intent of the parties hereunder unless the invalid provision is so
material that its invalidity deprives either party of the basic benefit of their bargain or renders
this Agreement meaningless.
-11-
9.5 Corporate Authority. The persons executing this Agreement on behalf of
the parties hereto warrant that (i) such party is duly organized and existing, (ii) they are duly
authorized to execute and deliver this Agreement on behalf of said party, (iii) by so executing
this Agreement, such party is formally bound to the provisions of this Agreement, and (iv) the
entering into this Agreement does not violate any provision of any other Agreement to which
said party is bound.
(SIGNATURES ON FOLLOWING PAGE)
-12-
IN WITNESS WHEREOF, the parties have executed and entered into this Agreement as of the date
first written above
CITY OF PALM SPRINGS,
ATTEST: V 1 + Q a municipal Corporation
By: 4 l�o ytY Byes
City lerk City Manager
APPROV D O F M:
AI'P201'CC EU C71f COUNCIL
By. City Attorney
CONTRACTO Dateland Construction_ Co—inc- Check one:_Individual_Partnership X Corporation
50-30 Hi hwa 111
Co el C 9223B.
By. By:
Q}/ Igna re(not ized) Signature(notarized)
tName• i lam_ '�/J Name:
Title: _/) �?r/(1r�7` C Title:
(This Agreement must be signed in the above space by This Agreement must be signed in the above space by
one of the following: Chairman of the Board, President one of the following:Secretary, Chief Financial Officer or
or any Vice President) any Assistant Treasurer)
StateofOA-1-I"-biL6:a.- I State of I
County Of lvd-r7`„'7G� I55 County of 55
before me, 1 ;L�, (rrs ,,z:2. NSr,7r71-0: beforeme,
personally appeared._1�,.,.r:� i, sn personally appeared
personally known to me (nT'proved-to--me-en-#iebasis of- personally known to me (or proved to me on the basis of
Satisfactory-evidence)to be the personN.whose name(�,Lisla�_ satisfactory evidence)to be the person(s)whose name(s)is/are
subscribed to the within instrument and acknowledged to me that subscribed to the within instrument and acknowledged to me that
heNix4ttW executed the same in his/lferftheir authorized he/she/they executed the same in his/her/their authorized
capacity(res), and that by his/her/their signaturet4 on the capacity(ies), and that by his/her/their signature(s) on the
instrument the persoft or the entity upon behalf of which the instrument the person(s),or the entity upon behalf of which the
personkacted,executed the instrument. person(s)acted,executed the instrument.
WITNESS my hand aT
seal. % WITNESS my hand and official seal.
Notary Signature: n�� C.`-=—Notary Signature:
Notary Seal Notary Seal
l
41 C1AYib
_ CotrtlnWl0n#1676673
Notay tkmYe.CaKoff"
Ilhtink a Cou*
Q
-
MvC0f ditEKPkUJun20,20144
-12.
EXHIBIT "A"
SCOPE OF SERVICES
The work shall include the installation of 109 bollard foundations and sleeves on Palm Canyon
Drive between Amado Road and Baristo Road, on Taqhuitz Canyon Way and Arenas Road per
the attached plans.
All work shall comply with the "GREENBOOK" Standard Specifications for Public Works
Construction" the 2006 edition.
-14-
I '
rt EXHIBIT „A7l
Ca
J
f�T N I
1'
t
,SS TAJIGU:TZ-CANNON WAY
ANADO ROAD ANDREAS PLAZA �+ AREN+V"RRAO
J C DAwsro ROAD
' J C IN- CAN - -------------'---
r._—_—_—___—_—_—_ --_—_—_—_—_T_—_—___—_ __—_—.—_—_— —_�_—_-
- - - - - - - - - - �- - - - - �1 I
s It SLEEVES i III
TYPICAL BOLLARD
H.T.S. I I 9SLEEYES ; RAIYEWAY
Z I (FOR summEll LIMITS)
125LEPYES i l If 16 si-EIVI:S
I PALM CAMON EURVE ?6 SLECYLS �I`-- 8 SIEEtlES
A.
__—_i'—'
J I —THE LEEM SPANNING
EL'ENT AREA ---'--- EVENTASS 1 F EL'€NT AREA
DRIVrY
NOTES: UNDERGROUN➢PARKING
i. FOOTINGS SHALL BE INTERLOCKING PAVERS !
CONSTRUCTED OF 6—SACK I RrnrrROTEc i SEE DETAILS ON SHEET �f I
PORTLAND CEMENT CONCRETE. 115LEE4E5 � DRI
VEWAYr 3 AND 4
2. REBAR CAGES SHALL BE 1 eELARDo Rono I 1 ' I
CONSTRUCTED OF p4 REBAR PER — — — — — — I--------------------i— — —
ATTACHED DWG. \ BAP,ISTD ROAD €
3. EXISTING A.C. PVMNT. SHALL Removatdc Bdlsrd , FINISHED TOP OF 1
BE SAW CUT SO THAT THE EDGES }` � I ' FOUNDATION SHALL BE
ARE STRAIGHT AND SQUARE. ! FLUSH WITH ROADWAY
Stalnress St=el I I FINISH SURFACE.
4. TRAFFIC CONTROL SHALL Cnmr Plaie 1 I (SEE FOUNDAIGN RING DETAIL HEREDR)
COMPLY WITH CITY OF PALM Closes R-ish k i
SPRINGS STANDARD PLANS. A.
tudaae V 4' O.C, o
s
5. BOLLARDS SHALL BE EVENLY EMBEDED SLEEVE
SPACED ACROSS OPENINGS BUT IN —_—_—_—_—_--J WITH LOCKING LID.
NO CASE SHALL THEY BE MUSLUN DRIVE SEE DET,!L TO 0 y i o
RIGHT HEREON. REMOVABLE STAINLESS F
FARTHER THAN 4.0' O.C. 5
7-sims
alnlcss Sleel � ��� r STEEL BOLLARD (fyp) � 1
6. THE CITY SHALL PROVIDE ALLS
SLEEVES AND BOLLARDS. THE E
CONTRACTOR SHALL PROVIDE ALL 5
- A.C. PVMNT. (tY�) �• f I •z a 'OTHER MATERIALS AND TOOLSf t, , + 16' �
NECESSARY FOR COMPLETING THE % I A 3" min. typ I a>f�� '� ZI„ N
PROJECT. �� A y.;''
LID DETAIL Gj --
�/4 REB'(aR � �
CAr<'E. -- a
8—SACK P.C. G I
FOOTIN6" Q.
Stainless
w
Steel Cover Plate 21 SQ. K
P,C.C. FoundatI In Ring y
A.C. Pvmnt or F.C.C. Paver Roadway TYPICAL BOLLARD CROSS SECTION DETAIL
DOWNTOWN BUSINESS D I S T. FOUNDATION RING DETAIL I
.. ssrsas K� �� rv. R2€F'iTM wash nn MI. r srr¢e M, or: s' i CITY OF PALM SPRINGS, CALIFORARAM
r,b.' �m w
a+m. Cltp Of PaLn SprinRa � » azs .�.a �— C(7N5TRUCTfON AND E�lSTALLATION NIPLAN
TWA. E�iglneenng Div. R.B.J. mt
NOT APPLICABLE ®� °� I VILLAGE FESTIVAL BOLLARD INSTALLATfON „4 @,
I I
f
EXH! IT "A"
I
i .
I
CAL PIPE SECURITY BOLLARDS
I
STANDARD FOOTING TAMPER PROOF SCREW PROVI ❑EO FPR
21 " X 21 " X 21 " TYP. SECURING THE COVER WHEN BOLLARD REMOVED
W [ TH REBAR CAGE #4 BAR I
16" X 16" X 16" TYP .
3fi , DOO
21 .000
b° INTERNAL LOCKING REMOVABLE �
PIPE BOLLARD MODEL #SSR-6000
12 . 00E
i
0
a
O
F
r
_2
G
J
BOLLARD IN INSTALLED POSITICN BASE WITH BOLLARD REMOVED Lo
I `
N
2
K
C.P. 05-25 E
BENCH ra�u� masR r�D. x soesar OK or �.•* ar -0x: �,L "" '""''� """ID"' CITY OF FALM Si'RINGS, CALIFORI@IA r�'0' H^
WAR% CAL PIPE HOWAR➢9 - Gc •n -
�. aa:,o MMMUR,u an. � - ISOMETRIC DETAIL OF FOOTINGS .a L
NOT APPLICABLE csrxzgess a�e zaiF �, .0 b�� s VILLAGE FESTIVAL SOLLARO INSTALLATION Q4
I
EXHIBIT "B"
SPECIAL REQUIREMENTS
A Pre-Construction meeting will be scheduled prior to the start of the work.
A "NO FEE" permit will be issued at the Pre-Construction meeting.
It shall be the Contractor's responsibility to protect all existing improvements. The Contractor
shall be responsible for any and all damage done to existing property and adjacent properties
during all construction work, and the Contractor, at its expense, shall make any repairs that
result from its operation, to the approval of the Engineer and the subject property owner.
The work shall be done in accordance with the Standard Specifications for Public Works
Construction "Greenbook", 2006 Edition. Insofar as references may be made to Caltrans
Standard Specifications, such work shall conform to the referenced portions of the technical
provisions only. Provided, that wherever the term "Standard Specifications" is used without the
prefix "Caltrans", it shall mean the Standard Specifications for Public Works Construction
"Greenbook", 2006 Edition, as specified above.
PM-10 Requirements will be as follows:
1 On-site water truck to control dust and track-out as needed per City Municipal Code
8.50.021
2 No Dust Control Plan is required
3 No AQMD sign is required
4 Soil or other potential dust generating materials transported onto or from the site using
public streets, shall first be watered sufficiently to prevent generation of dust and then
covered so as to prevent any spillage during transport. If deemed necessary, the Public
Works and Engineering Division may specify additional measures.
Section 4.2 Contract Officer- Mike Lytar, Senior Public Works Inspector is hereby designated
as being the representative the City authorized to act in its behalf with respect to the work and
services specified herein and make all decisions in connection therewith ("Contract Officer")
Section 4.3, Performance Bond - "Performance Bond" is hereby waived. In lieu of a
Performance Bond, submit a Payment Bond for the Contract Amount
-15.
EXHIBIT "C
SCHEDULE OF COMPENSATION
Prices shall include sawcutting, removal and disposal of spoils as well as the installation of
rebar, p.c.c. foundation, bollard sleeve, traffic control and all other tools materials and labor
necessary to perform the work shown on the plans and specifications herein.
Item Description Estimated Unit Unit Price Amount
No Quantity
1 Initial Mobilization 1 LS
$7,800.00
2 Traffic Control 1 LS
$4,200,00
3 Sawcut and install 8 EA
foundations and
bollard sleeves in a.c. $ 380.00 $ 3,040.00
pavement.
4 Sawcut and install 76 EA
foundations and
bollard sleeves in $ 480.00 $36,480.00
p.c.c. pavement
5 Sawcut and install 25 EA
foundation and
bollard sleeve in $550.00 $13,750.00
p.c.c. pavers
TOTAL $65,270.00
-16-
EXHIBIT "D"
SCHEDULE OF PERFORMANCE
Work to be completed within 10 working days from the date specified in the Notice to Proceed.
No work on City Holidays:
-17-