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HomeMy WebLinkAboutC24040 RFL Construction - Civic Center Playground EquipmentContract No. C24040 CITY OF PALM DESERT DEVELOPMENT SERVICES STAFF REPORT REQUEST: Ratify the City Manager's Approval of Contract No. C24040 - Emergency Repair/Replacement Work Relating to the Civic Center Park Playground Equipment. SUBMITTED BY: Janis Steele, Parks and Recreation Services Manager DATE: August 25, 2005 CONTENTS: Authorization Memo Contract Services Agreement Recommendation: By Minute Motion: 1. Ratify the City Manager's authorization of Contract No. C24040 in the amount of $114,360 for the repair and replacement work relating to the Civic Center Park playground and equipment. 2. Approve a 10% contingency in the amount of $11,436. Discussion: On June 23, 2005, a playground and equipment in the Civic Center Park was damaged due to fire. In order to reduce the down time for the playground area and to expedite the repair and replacement work, staff requested authorization to proceed with the proposal process and enter into a contract with the vendor providing the lowest qualified proposal. On July 14, 2005, the City Council approved this request for the emergency repair/replacement work relating to the Civic Center playground equipment. This request also allowed the City Manager to approve a contract with the lowest responsive bidder in the amount not to exceed $130,000, plus a 10 percent contingency. It is estimated that the repair/replacement work will be complete by the end of September 2005, as playground equipment requires 6 - 7 weeks for delivery once ordered. The installation will take approximately one week. Ratify City Manager's Authorization of Contract No. C24040 Page 2 of 2 August 25, 2005 Proposals were received on Friday, July 15, 2005. There were three non- responsive proposals, and nine complete proposals, ranging in costs from $114,360 to $174,164. RFL Construction Dave Bang & Associates, Inc. Playgrounds Plus Pacific Design Concepts Progressive Design Playgrounds Gotham Playgrounds Coast Recreation, Inc. James E. Simon Micon Construction (Palm Desert, CA) $114,360.00 (Tustin, CA) $123,024.00 (Santa Fe Springs, CA) $126,949.00 (Huntington Beach, CA) $128,120.00 (Oceanside, CA) $129,782.00 (Jamul, CA) $130,000.00 (Costa Mesa, CA) $143,593.00 (Indio, CA) $157,215.00 (Placentia, CA) $174,164.00 After reviewing all proposals, staff recommended that RFL Construction, Palm Desert, CA, be awarded the contract for the amount of $114,360. Funds for this expenditure are available in Park Fund Account 233-4667-454-4001. Therefore, staff recommends that City Council ratify the contract. Submitted By: Ja its Steele Parks & Recreation Services Manager Approval: Carlos L. Ort a City Manager Paul Gibson Director of Finance / City Treasurer Department Head: o em r Croy ACM for Dev rpment Services G 1DevServicesUanis SteelelWord FIeslParks�Cly¢ Center Park0aygrounoWatdicadon Playground Equip CC Park.doc CITY OF PALM DESERT DEVELOPMENT SERVICES INTEROFFICE MEMORANDUM To: Carlos L. Ortega, City Manager From: Janis Steele, Parks and Recreation Services Manager Date: August 4, 2005 Subject: Authorization for the City Manager to Approve a Contract for Repair/ Replacement of Playground Equipment at the Civic Center Park On June 23, 2005, a playground and equipment in the Civic Center Park was damaged due to fire. In order to reduce the down time for the playground area and to expedite the repair and replacement work, staff requested authorization to proceed with the proposal process and enter into a contract with the vendor providing the lowest qualified proposal. On July 14, 2005, the City Council approved this request for the emergency repair/replacement work relating to the Civic Center playground equipment. This request also allows the City Manager to approve a contract with the lowest responsive bidder in the amount not to exceed $130,000, plus a 10 percent contingency for the emergency repair/replacement work related to the Civic Center playground equipment. It is estimated that the repair/replacement work will be complete by the end of September 2005, as playground equipment requires 6 - 7 weeks for delivery once ordered. The installation will take approximately one week. Funds for this expenditure are available in Park Fund Account 233-4667-454-4001. Staff will return to the City Council in August 2005, to request ratification of the City Manager's approval of the contract. Proposals were received on Friday, July 15, 2005. There were three non -responsive proposals, and nine complete proposals, ranging in costs from $114,360 to $174,164. After review of all proposals, staff is recommending that RFL Construction, Palm Desert, CA, be awarded the contract, for the amount of $114,360. They provided the lowest qualified proposal. GADevSenncesUanis Steele\Word Fdes\Parks\Civic Center Park\Playground\Playground Memo to CM.doc Contract for Civic Center Park Playground Repair/Replacement Page 2 August 4, 2005 RFL Construction has provided certification of workers' compensation insurance, auto insurance and general liability insurance, naming the City of Palm Desert as additionally insured. The documents have been reviewed by the City's Risk Manager, and approved pending award of contract. Submitted By: lnis Steele s and Recreation Services Manager APPROVAL: Pd'rIoiL. 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LL —NM V (D V NMr'- IT � a000M O m CD `V N O CDCO .- O (0 � 00 M (0 C � CD (n I,- a0 (0 1l- 1l- ti to 1` f\ 00 1- 0) O to 0) 0) M (n a 0 0 CMMNWI- O V 00 M't ON(D 0-T9L?00 000N d Oto C 0) 0) N 1- 0) (D ti ti N O VON— CO C+7 V I* V O m 1� ta D D N CM O 00 'T � tO (D (n co 00 d o 0) CD OVNO O O CD O r CO (0 c0 00 O O CD O h 00 (0 OD 1-_ In ti � 00 ti co (0 .- O N O 1- O (D LO N co M O 1-- V I,- (n U') a U t- _a N N N- N co cli N O N N N N 00 N Cn O m O 0) 0) O O O O O CA L y U O O C a) 'C ca m r r U g f9 am ii cn m c V a) (a m N h o C C am) E p E O O (a O O W (� [a UF-� �a=(no a 7 Ca O cnaU M Q ai U) U o m (A � O �` a) Q y.6 0 0 m a) ca ` U �> mom U'�(n Q >,� 0)" 00 Vcn Q N c C 0 O CDcu o rn M cu Q o2 ow 00))j o c° V �m0m0MCD(nm ��w N � c—D ((:j (Op Marta—il Na � ^ 0 LO 0 O C O Q cf Li `C' CO 0 C.Ca O 0 C H 0) C C O C. U N C 0 O C U _O N p O N" O V O O (a L- to (T 7 C a V Q >. E w O y d j 0 C (cv Ca w U vi c m (n F' E @mt a o`•~ 00))rnJ 0 a�� 0L)a0-52aaa`w �c°� ca `cnC0U) N CO V (n CO f- CO O � 04 fh August 9, 2005 Mr. Bob Leclercq RFL Construction Post Office Box 11685 Palm Desert, California 92255 Dear Mr. Leclercq: I I I Y 01 P 0 [ HI 0" P1,i 73-51 o FRED WARING DRIVE PALM DESERT, CALIFORNIA 92260-2578 TEL:76o 346—o6ii FAX: 760 340-0574 _ ~� E infoC�palm-deserr.org ID V� � Development Sen ices City of Ya114 Desert Subject: Contract No. C24040 - Emerciencv Repair/Replacement Work Relating to the Civic Center Park Plavqround Eauipment At its regular meeting of July 14, 2005, the Palm Desert City Council, by Minute Motion, authorized the City Manager to approve the subject contract with the lowest responsive bidder in an amount not to exceed $130,000. After review of all proposals, staff recommended award to RFL Construction, Palm Desert, California, in the amount of $114,360. Enclosed are three original Agreements. Please sign where indicated, have notarized (California All -Purpose Acknowledgment), and return them to us at your earliest convenience. We will then forward to you a fully executed Agreement for your records. Additionally, we call your attention to the insurance requirements that are contained within the agreement. We ask that the information be returned as specified in the agreement to expedite processing of the document and commencement of the project. If you have any questions or require any additional information, please do not hesitate to contact us. Sincerely, RACHELLE D. KLASSEN, CIVIC CITY CLERK RDK:mgm Enclosures (as noted) cc: G �CttyCkk�Gloria M&nmc LL.ettasVB-ContmctMc2/M0 doc ^.* rnoo. ti utotne CONTRACT NO. C24040 CONTRACT SERVICES AGREEMENT CONTRACT NO. C-24040 Civic Center Park Playground 73-510 Fred Waring Drive Palm Desert, California, 92260 THIS CONTRACT SERVICES AGREEMENT (herein "Agreement") is made and entered into this 5th day of August 2005, by and between the CITY OF PALM DESERT, a municipal corporation (herein "City") and RFL CONSTRUCTION, INC. (herein "Contractor"). NOW, THEREFORE, the parties hereto agree as follows: 1.0 SERVICES OF CONTRACTOR 1.1 Scope of Services. In compliance with all of the terms and conditions of this Agreement, the Contractor shall perform the work or services set forth in the "Scope of Services" attached hereto as Exhibit "A" and incorporated herein by reference. Contractor warrants that all work and services set forth in the Scope of Services will be performed in a competent, professional and satisfactory manner. 1.2 Compliance With Law. All work and services rendered hereunder shall be provided in accordance with all ordinances, resolutions, statutes, rules, and regulations of the City and any Federal, State or local governmental agency of competent jurisdiction. 1.3 Licenses, Permits, Fees and Assessments. Contractor shall obtain at its sole cost and expense such licenses, permits and approvals as may be required by law for the performance of the services required by this Agreement. 1.4. Completion of project. Contractor shall do all things necessary to construct the work generally identified in Exhibit A in accordance to the Contract Documents and will complete said work within 60 days from the Notice to Proceed date to the satisfaction of the City's Representative. 2.0 COMPENSATION 2.1 Contract Sum. For the services rendered pursuant to this Agreement, Contractor shall be compensated in accordance with the "Section 9" of this contract and incorporated herein by this reference, but not exceeding the maximum contract amount of Dollars ($114,360.00) (One hundred fourteen thousand, three hundred sixty dollars). 2.2 Method of Payment. Provided that Contractor is not in default under the terms of this Agreement, Contractor shall be paid $ 114,360.00. GADevServtceslianis Steele\Word FilesTarics\Civic Center ParkTlaygroundTLayground Contract RFL Construction.doc- I - CONTRACT NO. C24040 3.0 COORDINATION OF WORK 3.1 Representative of Contractor Bob Leclercq is hereby designated as being the principal and representative of Contractor authorized to act in its behalf with respect to the work and services specified herein and make all decisions in connection therewith. 3.2 Contract Officer Janis Steele is hereby designated as being the representative the City authorized to act in its behalf with respect to the work and services specified herein and make all decisions in connection therewith ("Contract Officer"). The City Manager of City shall have the right to designate another Contract Officer by providing written notice to Contractor. 3.3 Prohibition Against Subcontracting or Assignment. Contractor shall not contract with any entity to perform in whole or in part the work or services required hereunder without the express written approval of the City. Neither this Agreement nor any interest herein may be assigned or transferred, voluntarily or by operation of law, without the prior written approval of City. Any such prohibited assignment or transfer shall be void. 3.4 Independent Contractor. Neither the City nor any of its employees shall have any control over the manner, mode or means by which Contractor, its agents or employees, perform the services required herein, except as otherwise set forth. Contractor shall perform all services required herein as an independent contractor of City and shall remain under only such obligations as are consistent with that role. Contractor shall not at any time or in any manner represent that it or any of its agents or employees are agents or employees of City. 3.5. Contractor shall cooperate and coordinate with other forces at the job site. 4.0 INSURANCE AND INDEMNIFICATION. 4.1 Insurance. The Contractor shall procure and maintain, at its sole cost and expense, in a form and content satisfactory to City, during the entire term of this Agreement including any extension thereof, the following policies of insurance: (a) Commercial General Liability Insurance. A policy of commercial general liability insurance written on a per occurrence basis with a combined single limit of at least $1,000,000 bodily injury and property damage including coverages for contractual liability, personal injury, independent contractors, broadform property damage, products and completed operations The General Liability Policy shall name the City of Palm Desert as an additional insured in accordance with standard ISO additional insured endorsement form CG2010(1185) or equivalent language. (b) Worker's Compensation Insurance. A policy of worker's compensation insurance in such amount as will fully comply with the laws of the State of California and which will include $1,000,000 employer's liability. (c) Business Automobile Insurance. A policy of business automobile liability insurance GADevServicesJanis Steele\Word Files\Parks\Civic Center Park\Playground\PLayground Contract RFL Constructron.doc- 2 - CONTRACT NO. C24040 written on a per occurrence basis with a single limit liability in the amount of $1,000,000 bodily injury and property damage, Said policy shall include coverage for owned, non - owned, leased and hired cars. (d) Additional Insurance. Policies of such other insurance, including professional liability insurance in a minimal amount of $1,000,000 if contract has professional liability exposure, as may be required in the Special Requirements. All of the above policies of insurance shall be primary and non-contributing insurance and shall name the City, its officers, employees and agents as additional insured. The insurer shall waive all rights of subrogation and contribution it may have against the City, its officers, employees and agents, and their respective insurers. In the event any of said policies of insurance are canceled, the Contractor shall, prior to the cancellation date, submit new evidence of insurance in conformance with this Section 4.1 to the Contract Officer. No work or services under this Agreement shall commence until the Contractor has provided the City with Certificates of Insurance or appropriate insurance binders evidencing the above insurance coverages and said Certificates of Insurance or binders are approved by the City. The contractor agrees that the provisions of this Section 4.1 shall not be construed as limiting in any way the extent to which the Contractor may be held responsible for the payment of damages to any persons or property resulting from the Contractor's activities or the activities of any person or person for which the Contractor is otherwise responsible. In the event the Contractor subcontracts any portion of the work in compliance with Section 3.3 of this Agreement the contract between the Contractor and such subcontractor shall require the subcontractor to maintain the same polices of insurance that the Contractor is required to maintain pursuant to this Section. 4.2 Indemnification. Contractor agrees to indemnify the City, its officers, agents and employees against, and will hold and save them and each of them harmless from, any and all actions, suits, claims, damages to persons or property, losses, costs, penalties, obligations, errors, omissions or liabilities, (herein "claims or liabilities") that may be asserted or claimed by any person, firm or entity arising out of or in connection with the negligent performance of the work, operations or activities of Contractor, its agents, employees, subcontractors, or invitees, provided for herein, or arising from the negligent acts or omissions of Contractor hereunder, or arising from Contractor's negligent performance of or failure to perform any term, provision, covenant or condition of this Agreement, whether or not there is concurrent passive or active negligence on the part of the City, its officers, agents or employees but excluding such claims or liabilities arising from the sole negligence or willful misconduct of the City, its officers, agents or employees, who are directly responsible to the City, and in connection therewith: (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 attomeys' fees incurred in connection therewith; (b) Contractor will promptly pay any judgment rendered against the City, its officers, agents or employees for any such claims or liabilities arising out of or in connection with the negligent performance of or failure to perform such work, operations or activities of Contractor hereunder; and Contractor agrees to save and hold the City, its officers, GADevServicesVanis Steele\Word Files\Parks\Civic Center Park\Playground\PLayground Contract RFL Construction.doc- 3 - CONTRACT NO. C24040 agents, and employees harmless there from; (c) The Contractor shall maintain strict compliance with all provisions of Cal OSHA Standards and Regulations. The Contractor acknowledges and hereby agrees to be defined as the "Controlling Employer'' at the job site. As the "Controlling Employer' the contractor shall take reasonable steps to ensure that all subcontractors maintain compliance with Cal OSHA Standards and Regulations. The Contractor shall be responsible for all fines, penalties and judgments that result from Cal OSHA action; (d) In the event the City, its officers, agents or employees is made a party to any action or proceeding filed or prosecuted against Contractor for such damages or other claims arising out of or in connection with the negligent performance of or failure to perform the work, operation or activities of Contractor hereunder, Contractor agrees to pay to the City, its 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. 5.0 TERM 5.1 Term. Unless earlier terminated in accordance with Section 5.2 below, this Agreement shall continue in full force until the completion of work. 5.2 Termination Prior to Expiration of Term. Either party may terminate this Agreement at any time, with or without cause, upon thirty, (30) days' written notice to the other party. Upon receipt of the notice of termination, the Contractor shall immediately cease all work or services hereunder except as may be specifically approved by the Contract Officer. In the event of termination by the City, Contractor shall be entitled to compensation for all services rendered prior to the effectiveness of the notice of termination and for such additional services specifically authorized by the Contract Officer and City shall be entitled to reimbursement for any compensation paid in excess of the services rendered. 6.0 MISCELLANEOUS 6.1 Covenant, Against Discrimination. Contractor covenants that, by and for itself, its heirs, executors, assigns and all persons claiming under or through them, that there shall be no discrimination against or segregation of, any person or group of persons on account of race, color, creed, religion, sex, marital status, national origin, or ancestry in the performance of this Agreement. Contractor shall take affirmative action to ensure that applicants are employed and that employees are treated during employment without regard to their race, color, creed, religion, sex, marital status, national origin or ancestry. 6.2 Non -liability of City Officers and Employees. No officer or employee of the City shall be personally liable to the Contractor, or any successor in interest, in the event of any default or breach by the City or for any amount which may become due to the contractor or to its successor, or for breach of any obligation of the terms of this Agreement. G:\DeYServlces\Jarus Steele\Word Files\Parks\Civic Center Park\Playground\PLayground Contract RFL Construction.doc- 4 - CONTRACT NO. C24040 6.3 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. 6.4 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 DESERT, 73-510 Fred Waring Drive, Palm Desert, California 92260, and in the case of the Contractor, to the person at the address designated on the execution page of this Agreement. 6.5 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. 6.6 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. 6.7 Severability. In the event that part of this Agreement shall be declared invalid or unenforceable by a valid judgment or decree of a court of competent jurisdiction, such invalidity or unenforceability shall not affect any of the remaining portions of this agreement which are hereby declared as severable and shall be interpreted to cant' out the intent of the parties hereunder unless the invalid provision is so material that its invalidity deprives either party of the basic benefit of their bargain or renders this Agreement meaningless. 6.8 Waiver. No delay or omission in the exercise of any right or remedy by a nondefaulting party on any default shall impair such right or remedy or be construed as a waiver. A party's consent to or approval of any act by the other party requiring the party's consent or approval shall not be deemed to waive or render unnecessary the other party's consent to or approval of any subsequent act. Any waiver by either party of any default must be in writing and shall not be a waiver of any other default concerning the same or any other provision of this Agreement. 6.9 Attorneys' Fees. If either party to this Agreement is required to initiate or defend or made a party to any action or proceeding in any way connected with this Agreement, the 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 attomey's GADevServices\Janis Steele\Word Files\Parks\Civic Center ParkTlayground\PLayground Contract RFL Construction.doc- 5 - CONTRACT NO. C24040 fees, whether or not the matter proceeds to judgment. 6.10 Corporate Authority. The persons executing this Agreement on behalf of the parties hereto warrant that (i) such party is duly organized and existing, (ii) they are duly authorized to execute and deliver this Agreement on behalf of said party, (iii) by so executing this Agreement, such party is formally bound to the provisions of this Agreement, and (iv) the entering into this Agreement does not violate any provision of any other Agreement to which said party is bound. 7.0 CHANGE ORDERS Reference is made to Section 8 "Change in Work" of the Standard Specifications. Each approved change order shall be considered as an amendment to the Contract Documents and will not be considered approved until executed by the Owner. The above does not limit the ability of Engineer to issue further detail drawings, explanations and instructions that are customarily given by an Engineer during the course of similar work. Engineer will furnish Contractor with reasonable promptness when such further detailed explanations, instructions and drawings may be necessary for the proper execution of the work, and Contractor shall conform to same provided they are consistent with the intent of the Contract Documents. In giving such additional instructions, explanations and drawings, Engineer has authority to make minor changes in the work, which do not involve extra cost and are not inconsistent with the Contract Documents. Contractor's acting on such instructions, explanations and drawings of Engineer means that Contractor agrees that such explanations, instructions and drawings are within the scope of the work in accordance with the intent of the Contract Documents and do not constitute a basis for modification of the Contract Documents as to price or time. 8.0 CHANGES IN WORK & CHANGES IN CONTRACT PRICE 8.1 The Owner may at any time, as the need arises, order changes within the scope of the work without invalidating the Agreement. If such changes increase or decrease the amount due under the Contract Documents, or in the time required for performance of the work, an equitable adjustment shall be authorized by Change Order. The Engineer, also, may at any time, by issuing a Field Order, make changes in the details of the work. The Contractor shall proceed with the performance of any changes in the work so ordered by the Contract officer or Engineer unless the Contractor believes that such Field Order entitles him to a change in Contract Price or Time, or both in which event he shall give the Engineer WRITTEN NOTICE thereof within seven (7) days after the receipt of the ordered change. Thereafter the Contractor shall document the basis for change in Contract Price or Time within thirty (30) days. The Contractor shall not execute such changes pending the receipt of an executed Change Order or further instructions from the Owner. G:\DevServices\Janis Steele\Word Files\Parks\Civic Centcr Park\Playground\PLayground Contract RFL Construction.doc- 6 - CONTRACT NO. C24040 8.1 The Contract Price may be changed only by a Change Order. The value of any work covered by a Change Order or of any claim for the increase or decrease in the Contract Price shall be determined by one or more of the following methods in the order of precedence listed below: a. Unit prices previously approved. b. An agreed lump sum. C. The actual cost for labor, direct overhead, materials, supplies, equipment, and other services necessary to complete the work. In addition there shall be added an amount to be agreed upon but not to exceed fifteen (15) percent of the actual cost of the work to cover the cost of general overhead and profit. 9.0 CONTRACTORS PROPOSAL It is understood that the quantities shown hereon, except for those quantities marked "Lump Sum", are but estimates and the final payment will be based upon the actual work performed, subject to such adjustment and alterations as elsewhere provided herein. Installation of (1) 2-5 year old and (1) 5-12 year old playground including 01 (1) 40X40 shade fabric. TOTAL BID PRICE (BASE BID) $114, 360.00 $114, 360.00 $114, 360.00 Agency reserves the right to award items 01-03 as individual contracts or any combination thereof. The costs of any work shown or required in the Plans and Specifications, but not specifically identified as a Pay Item are included in the Pay Item, and no additional compensation shall be due Contractor by virtue of Contractor's compliance with the Plans and Specifications. TOTAL AMOUNT BASE BID: $ 114,360.00 GADevServices\lanis Steele\Word Files\Parks\Civic Center Park\Playground\PLayground Contract RFL Construction.doc- 7 - CONTRACT NO. C24040 IN WITNESS WHEREOF, the parties have executed and entered into this Agreement as of the date first written above. CITY: CITY OF PALM DESERT, a municipal corporation: Ortega, City Ma ATTEST: Rachelle Klassen ,CMC, City Clerk APPROVED AS TO FORM: Dave Erwin, City Attorney CONTRACTOR: (Signature) Printed Name: (Printed Name) Note: Signature must be notarized. Name: Bob Leclercq Title: General Contractor Address: P.O. Box 11685, Palm Desert, CA 92255 CONTRACT ATTACHMENTS: EXHIBIT "A"; PROPOSAL GADevServices\Janis Steele\Word Files\Parks\Civic Center Park\Playground\PLayground Contract RFL Construction.doc- 8 - CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT yS h� State of California, :i ss. l� C County of On , before me, Date personally appeared Place Notary Seal Above Name and Title of Officer (e.g.. 'Jane Doe, Notary Pubic*) Name(s) of Signer(s) ❑ personally known to me ❑ proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. WITNESS my hand and official seal. Signature of Notary Public OPTIONAL Though the information below is not required by law, it may prove valuable to persons relying on the document and could prevent fraudulent removal and reattachment of this form to another document. Description of Attached Document Title or Type of Document: Document Date: Signer(s) Other Than Named Above: Capacity(les) Claimed by Signer Signer's Name: ❑ Individual ❑ Corporate Officer — Title(s): ❑ Partner — ❑ Limited ❑ General ❑ Attorney in Fact ❑ Trustee ❑ Guardian or Conservator ❑ Other: Signer Is Representing: Number of Pages: Top of thumb here 0 1997 National Notary Association • 9350 De Soto Ave, P.O. Box 2402 • Chatsworth, CA 91313-2402 Prod. No. 5907 Reorder: Call Toll -Free 14=-676-6627 Exhibit A Proposal RFL Construction �. i. Nx 11iii PMM:1ii-712-i42i Pft IIIINK CA 12255 hx:7ii-112-i4i1 119 #413181i, C53, CIM2. i34 PROPOSAL AND ACCEPTANCE DATE: 7-15-05 PHONE: 346-0611 SUBMITTED TO: City of Palm Desert JOB NAME: Civic Center Park ADDRESS: 73510 Fred Waring Drive JOB ADDRESS: Palm Desert Palm Desert, CA Palm Desert, CA JOB DESCRIPTION: Demolish and prepare existing play area for new equipment. 40 X 40 Shade fabric for existing structure. Install new play area for 2-5 yrs as per attached drawing. Install new play area for 5-12 yrs as per attached drawing. Provide poured in place surfacing to allow ADA access to equipment. Provide fiber surfacing to all remaining area. Price includes ; demolishion, equipment, installation, tax,shipping and delivery, surfacing and all related cost. We propose to furnish labor and materials to preform work as described above, for the sum of: One hundred fourteen thousand three hundred sixty and no/100**** Dollars ($114,360.00 ) Payment to be made as follows: 0 % deposit, % due when material is delivered and remaning % due upon completion. All work to be completed in a workman' m er according to standards and practices. Any alterations or deviation from the above description involving extr I executed 'on pon written orders and will be an extra charge over and above this contract. All apreer ink t upon s ' idents or delays beyond our control. Authorized Signature: This proposal valid for 30 days Acceptance of Propdifal: the above prices, specifications and conditions are satisfactory and hereby accepted. Signature: Date: RFL Construction N I �oco 3 Y a p � r fl u oCp - C -0c0ro o d 0 � �w.-4) G 9 y✓ N `l O U dE N~N °O` s 40) GO�Q'G N Y G .O .O j�N G° •'O 7 0aC.ac rV'a�c O O to Os 0, ! �► ,�'L O O 7 N N `t✓ C4 C. 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