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HomeMy WebLinkAboutC27610 - Linnert Builders CONTRACT NO.c2�6io CONTRACT SERVICES AGREEMENT CONTRACT NO. Community Park Playground THIS CONTRACT SERVICES AGREEMENT (herein "Agreement") is made and entered into this 24 day of April, by and between the CITY OF PALM DESERT, a municipal corporation (herein"City") and Linnert Builders (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 wi{I 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 regufations 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 "Section 9" of this contract and incorporated herein by this reference, but not exceeding the maximum contract amount of Dollars ($201,327.53) (two hundred one thousand three hundred finrenty seven dollars and fifty three cents). 2.2 Method of Payment. Provided that Contractor is not in defauft under the terms of this Agreement, Contractor shall be paid $ 201,327.53. - 1 - CONTRACT NO. c2�bio 3.0 COORDINAT{ON OF WORK 3.1 Representative of Contractor Bob Linnert 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 the 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 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 an occurrence basis with a combined single limit of at least $1,000,000 per occurrence, and $2,000,000 general aggregate, for 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 add the City of Palm Desert as an additional insured in accordance with standard ISO additional insured endorsement form CG2010(1185) or equivalent language. (b) Workers' Compensation Insurance. A policy of workers' 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 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- - 2 - CONTRACT NO. c276io 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 shafl be primary and non-contributing insurance. The Commercial General Liability insurance policy shall add 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 to the City. No work or services under this Agreement shall commence until the Contractor has provided the City with Certificates of Insurance and Additional Insured Endorsements that are approved by the City. ln the event the Contractor subcontracts any portion of the work, the contract befinreen 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. 5.0 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 attorneys' 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, agents, and employees harmless there from; - 3 - CONTRACT NO. c276io (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. 6.0 TERM 6.1 Term. Unless earlier terminated in accordance with Section 5.2 below, this Agreement shall continue in full force until the completion of work. 6.2 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 sha11 be entitled to reimbursement for any compensation paid in excess of the services rendered. 7.0 MISCELLANEOUS 7.1 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. 7.2 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. - 4 - CONTRACT NO. c2�bio 7.3 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. 7.4 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-cfass 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. 7.5 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. � 7.6 Integration; Amendment. It is understood that there are no oral agreements befinreen the parties hereto affecting this Agreement and this Agreement supersedes and cancels any and all previous negotiations, arrangements, agreements and understandings, if any, befinreen 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. 7.7 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 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. 7.8 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. 7.9 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 attorney's - 5 - CONTRACT NO. c2�6io fees, whether or not the matter proceeds to judgment. 7.10 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. 8.0 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. 9.0 CHANGES IN WORK � CHANGES IN CONTRACT PRICE 9.1 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. - 6 - CONTRACT NO.cL�610 9.2 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. 10.0 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) fully accessible 01 la round TOTAL BID PRICE BASE BID 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: $ 201,327.53 - 7 - CONTRACT NO.c2�blo 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: Carlos L. Ortega, City Manager ATTEST: Rachelle D. Klassen ,CMC, City Clerk APPROVED AS TO FORM: Dave Erwin, City Attorney CONTRACTOR: By: (Signature) Printed Name: (Printed Name) Note: Signature must be notarized. Name: Title: Address: CONTRACT ATTACHMENTS: EXHIBIT "A"; PROPOSAL - 8 - Contract n0. C27610 EXIBIT "A" February 6, 2008 Subject: Request for Proposal — Community Park Playground. The City of Palm Desert is seeking qualified firms to submit proposals for supplying a turnkey playground for the Community Park located behind Palm Desert Middle School on Portola Avenue and Magnesia Falls Drive. Proposals should include plans and elevations, equipment type, and equipment layout. A selection committee will review all proposals, and the proposal which best fits the City's vision for the park and meets the RFP parameters will be selected. Selection will be based on material submitted. No presentations will be held. The specifics of the project are as follows: 1. Project: Community Park Playground. 2. Play Area: The area to be utilized for the new playground is approximately 140 feet by 70 feet. 3. Cost: All bids shall include demolition of existing playground equipment, the removal of existing sand, the installation of new playground equipment, concrete path of travel from the parking lot to the play equipment, the installation of a concrete curb on the south side of the play area, tax, shipping, surfacing, and all other related costs. 4. Equipment Design: The playground shall be designed as a totally accessible playground meeting the following specifications: • Manufacturer shall be ISO 9001/2000 certified • Manufacturer shall show IPEMA certification of compliance for each component, and that the product conforms with the requirements of ASTM F1487-01 • Ramps must allow 55" of clearance from inside of handrail to inside of handrail to accommodate passing wheelchairs • Maximum deck height shall be 6 feet • Free standing shade structures shall be provided over swing area and all major play events • All slides shall be double wall construction molded to a minimum of .25" wall thickness • The swing area shall include one adaptive swing seat • The playground shall include an entry archway Page 2 • Decks shall have a minimum surface area of 1,039 square inches, maintaining a full 49" center to center spacing on the upright poles • All events are a direct bolt product or equal 5. Surfacing: The required resilient surfacing shall be fibar or approved equal. 6. Standards: All equipment and surfacing must meet all ADA and CPSC requirements. Written confirmation must be provided. 7. Installation: All equipment to be installed by a certified play equipment installer. The completed playground shall be certified by a third party certified playground safety inspector. Surface installer shall be qualified to meet warranty requirements. 8. Project Completion: The project shall be completed within 60 days of the date of the Notice to Proceed. The deadline for submitting proposals is February 29, 2008. No other material will be accepted after this deadline. For further information, please call Jay Niemczak, Parks Facilities Manager, at (760)-272-6581. Page 2