HomeMy WebLinkAboutC28110 Park Office RemodelContract No. C28110
CITY OF PALM DESERT
DEVELOPMENT SERVICES
STAFF REPORT
REQUEST: Award the Park Office Remodel Contract to Simon Contracting
SUBMITTED BY: Jay Niemczak, Parks Facilities Manager
CONTRACTOR: Simon Contracting
35-905 Dillon Road
Indio, California 92260
DATE: August 28, 2008
CONTENTS: 1. Park Office Remodel Specification
2. Contract
Recommendation:
By Minute Motion: Award the park office remodel contract to Simon
Contracting in an amount not to exceed $123,900.00.
Discussion:
On November 16, 2006, the City Council authorized an architectural design contract with
Prest Vuksic for the remodel design of the Parks Staff work area. The project would
involve the remodel of the existing work and lunch area that Parks Staff utilizes on a daily
basis. The current work and lunch area houses tools, repair parts, paper goods, golf carts,
and pesticides along with a small break room area. The work and break room area is also
infested with rodents, and is an unhealthy work environment. Staff proposes to sanitize
and seal the area, and replace the garage type roll -up door with a walk through self closing
sealed door to control infestation of rodents. The remodel also includes cubical areas for
the Parks Staff that allows them to complete their daily paperwork and computer access.
On July 28, 2008, the City requested bids for the park office remodel project. Sealed bids
were opened on Friday, August 15, 2008, with the following results:
Simon Contracting (Indio, CA) $ 123,900.00
D Webb Inc. (Yucca Valley, CA) $ 129,741.00
Solex Contracting Inc. (Temecula, CA) $ 188,975.00
Diamond Contracting Inc. (Moreno Valley, CA) $ 189,000.00
Staff Report
Award the Park Office Re -model Contract
August 28, 2008
Page2of2
Staff is recommending that the City Council award the park office remodel to the lowest
responsive bidder, Simon Contracting of Indio, California, in the amount of $123,900.00.
Funds are available in Account No.430-4340-433-4001.
Submitted By:
Jav,Niemczak
ks Facilities Manager
Approv
Homer Cro
ACM for
±r Carlos L.
City Man
A
Department Head:
anis Steele
arks and Recreation Services Manager
Paul S. Gibson
Services Director of Finance
CITY COUNCIL FACTION:
APPROVED r/ DENIED
RECEIVED OTHER
MEETING DATE .Ch<
AYES: I
NOES: jEttiSal
ABSENT:
ABSTAIN: Aiot .
VERIFIED BY: fi)� //m 1
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CITY OF PALM DESERT
RIVERSIDE COUNTY
CALIFORNIA
CONTRACT DOCUMENTS
FOR
PARK OFFICE RE-MODEL
July 21, 2008
Prepared under the supervision of:
JANIS STEELE
PARKS AND RECREATION SERVICES MANAGER
73-510 FRED WARING DRIVE
PALM DESERT, CALIFORNIA 92260
Revised:8/18/2008
TABLE OF CONTENTS
PARK OFFICE RE-MODEL
PAGE
CONTRACT DOCUMENTS
NOTICEINVITING BIDS.................................................................................................3
INSTRUCTIONSTO BIDDERS.......................................................................................4
AFFIDAVIT OF NON-COLLUSION.................................................................................7
CONTRACTOR'S PROPOSAL.......................................................................................9
GENERAL TERMS AND CONDITIONS........................................................................12
SPECIFIC TERMS AND CONDITIONS.........................................................................15
AGREEMENT................................................................................................................16
Revised:8/18/2008
NOTICE INVITING BIDS
PUBLIC NOTICE IS HEREBY GIVEN that the City of Palm Desert, as AGENCY invites
sealed bids for the above-stated project and will receive such bids in the offices of the
City Clerk up to the hour of 10:00 a.m., Friday the 15t" day of August, 2008.
The work to be done consists of furnishing all materials, equipment, tools, labor, and
incidentals as required by the Plans, Specifications and Contract Documents for the
above- stated project.
Specifications and Contract Documents are available from the Development Services
Department.
This contract will be shall be completed within 90 days from the time a notice to proceed
is issued.
In accordance with California Labor Code Sections 1770, 1773, 1773.1, 1773.6 and
1773.7 as amended, the Director of the Department of Industrial Relations has
determined the general prevailing rate of per diem wages in accordance with the
standards set forth in Section 1773 for the locality in which the work is to be performed.
A copy of said wage rates is on file at the City Clerk's office of the City. In accordance
with City Ordinance No. 859, this project shall not require prevailing wage payments.
Any contract entered into pursuant to this notice will incorporate the provisions of the
State Labor Code except that this project shall not be subject to prevailing wage law
(Labor Code Section 1770, et. seq.). A copy of said wage rates can be obtained by
accessing the Department of Industrial Relations website at:
www.dir.ca.gov/DLSR/statistics research.html, or by contacting the District Office at 464
West Fourth Street, Room 348, San Bernardino, CA 92401, telephone (909) 383-4334.
In accordance with City Ordinance No. 859.
The contract documents call for monthly progress payments based upon the Parks and
Recreation Services Manager's estimate of the percentage of work completed.
Bids must be prepared on the approved proposal forms in conformance with the
Instructions to Bidders.
The AGENCY reserves the right to reject any or all bids, to waive any irregularity, to
accept any bid or portion thereof, and to take all bids under advisement for a period of
sixty (60) days.
At the time of contract award, the prime contractor shall possess a B license.
Page 3 of 18
INSTRUCTIONS TO BIDDERS
1. Form of Proposal. The proposal must be made on the form of
Contractor's Proposal, which is included in the Contract Documents and must be
completely filled in, dated and signed. If provision is made for alternatives, they must all
be bid, unless otherwise provided in the Special Provisions. Bids must be submitted on
all items and schedules included in the Contract Documents. FAILURE TO BID ON
ALL ITEMS AND SCHEDULES MAY RESULT IN THE BID BEING REJECTED AS
NON-RESPONSIVE.
2. Bid Bond. The Proposal does not require a bid bond.
3. Submission of Proposal. A proposal must be submitted in a sealed
opaque envelope that clearly identifies the bidder and the project. Bids must be
received by the time and at the place set forth in the Notice of Inviting Bids and may be
withdrawn only as stated in the proposal.
4. Contract Documents. The complete Contract Documents are identified
in the Agreement. Potential bidders are cautioned that the successful bidder incurs
duties and obligations under all of the Contract Documents and that they should not
merely examine the Plans and Specifications in making their bid.
5. License. To be considered, a potential bidder must have the kind of
license required under provisions of the California Business and Professions Code for
the work covered in its Proposal when its bid is submitted. This includes a joint venture
formed to submit a bid.
6. Quantities. This contract is a unit price bid for all work shown on plans
and specifications. Quantities shown are but estimates and final payment will be based
upon the methods outlined in the Standard Specifications or as modified by the Special
Provisions contained herein.
7. Interpretation of Documents. Discrepancies, omissions, ambiguities,
and requirements likely to cause disputes between trades and similar matters shall be
promptly brought to the attention of the OWNER, in writing, and to the attention of the
Parks and Recreation Services Manager. When appropriate, Addenda will be issued by
the OWNER. No communication by anyone as to such matters except by Addenda
affects the meaning or requirements of the Contract Documents.
8. Addenda. Owner reserves the right to issue Addenda to the Contract
Documents at any time prior to the time set to open bids. Each potential bidder shall
leave with the OWNER its name, address and phone number for the purpose of
receiving Addenda. OWNER will cause copies of Addenda to be mailed or delivered to
such names at such addresses. To be considered, a Contractor's Proposal must list
and take into account all issued Addenda. Bids, to be acceptable, must acknowledge
receipt of all Addenda.
Page 4 of 18
9. Inspection of Site. Bidder must examine the site and acquaint
themselves with all conditions affecting the work. By making its bid a bidder warrants
that it has made such site examination as it deems necessary as to the condition of the
site, its accessibility for materials, workmen and utilities and ability to protect existing
surface and sub-surface improvements. No claim for allowances, time or money, will be
allowed as to such matters.
10. Bids. Bids are required for the entire work. The amount of the bid for
comparison purposes will be the total of all items
The evaluation of bids and award of contract shall be based solely on the final
decision of the City. The City reserves the right to award the contract on either of the
schedules to the lowest responsible bidder.
11. Award of Contract. Acceptance by the OWNER at a meeting regularly
called and held of a Contractor's Proposal authorizes OWNER to enter into a contract
subject to the execution by both CONTRACTOR and OWNER of a written agreement
evidencing said contract, and CONTRACTOR providing all requirements set forth in
said contract including, but not limited to, insurance and bonding requirements.
CONTRACTOR is advised that the OWNER has up to 90 days from Award of Contract
within which to issue the Notice to Proceed.
12. Liquidated Damaqes. It is agreed by the parties the contract time is of
the essence in the completion of this project, and in case all the work called for under
the contract is not completed before or upon the expiration of the contract time, the
Owner will sustain damage. It is agreed that the Contractor shall pay liquidated
damages to the Owner in the amount of$200.00 per day for each and every day's delay
beyond the time prescribed to complete the work.
13. Return of Guarantee. Bid Bonds or checks of unsuccessful bidders will
be returned by mail when the executed agreement and bonds are received by OWNER.
Bid Bonds of the successful bidder will not be returned but is exonerated by its
execution and delivery of the Agreement and the bonds. If the guarantee of the
successful bidder is a check, it will be returned at the time a Bid Bond would be
exonerated.
14. Qualifications of Bidders. No award will be made to any bidder who
cannot give satisfactory assurance to the OWNER as to his own ability to carry out the
contract, both from his financial standing and by reason of his previous experience as a
contractor on work of the nature contemplated in the contract. The bidder may be
required to submit its record of work of similar nature to that proposed under these
specifications, and unfamiliarity with the type of work may be sufficient cause for
rejection of bid.
Page 5 of 18
15. Sublettinq and Subcontractinq. Bidders are required pursuant to the
Subletting and Subcontracting Fair Practices Act (commencing with Section 4100 of the
Government Code) to list in their proposal the name and location of place of business of
each sub-contractor who will perform work or labor or render services in or about the
construction of the work or improvement or a sub-contractor who will specifically
fabricates and installs a portion of the work or improvement according to detailed
drawings contained in the Plans and Specifications in excess of one half of one percent
(0.5%) of the prime CONTRACTOR's total bid. Failure to list a sub-contractor for any
portion of the work under the guidelines above implies that the CONTRACTOR's own
forces will do that portion of the work. It is the OWNER's intent for the Subletting and
Subcontracting Fair Practice Act to apply to all phases of the work.
16. Substitution of Securities in Lieu of Retention. CONTRACTOR is
advised that he may, at his sole cost and expense, substitute securities equivalent to
any monies withheld by the OWNER to insure performance under the contract. Such
securities shall be deposited with the OWNER or with a State or Federally Chartered
Bank as escrow agent and shall pay such monies to the CONTRACTOR upon
satisfactory completion of the contract. The CONTRACTOR shall be the beneficial
owner of any securities substituted for monies withheld and shall receive any interest
thereon. Securities eligible for investment under this section shall include those listed in
Government Code Section 16430 or bank or savings and loan certificates of deposit.
17. Government Code Section 4551. In entering into a public works contract
or a subcontract to supply goods, services, or materials pursuant to a public works
contract, the CONTRACTOR or sub-contractor offers and agrees to assign to the
awarding body all rights, title, and interest in and to all causes of action it may have
under Section 4 of the Clayton Act (15 U.S.C. Section)* or under the Cartwright Act
(Chapter 2 (commencing with Section 16700) or Part 2 of Division 7 of the Business and
Professions Code), arising from purchases of goods, services, or materials pursuant to
the public works contract or the subcontract. This assignment shall be made and
become effective at the time the awarding body tenders final payment to the
CONTRACTOR, without further acknowledgment by the parties.
18. Pre-Bid Conference. None
Page 6 of 18
AFFIDAVIT OF NON-COLLUSION BY CONTRACTOR
PARK OFFICE RE-MODEL
STATE OF CALIFORNIA)
)SS
COUNTY OF RIVERSIDE)
being first duly sworn, deposes and says: that
he is of
(insert"Sole OWNER","Partner",or other proper title) (insert name of bidder or other proper title)
who submits herewith to the City of Palm Desert, a Proposal;
That all statements of fact in such Proposal are true; That such Proposal was not made
in the interest of or on behalf of any undisclosed person, partnership, company,
association or corporation; That such Proposal is genuine and not collusive or sham;
That such bidder has not, directly or indirectly, by agreement, communication or
conference with anyone attempted to induce action prejudicial to the interest of the City
of Palm Desert, or of any other bidder of anyone else interested in the proposed
contracts; and further,
That prior to the public opening and reading of Proposal, said bidder:
(a) Did not, directly or indirectly, induce or solicit anyone else to submit a
false or sham Proposal.
(b) Did not, directly or indirectly, collude, conspire, connive or agree with
anyone else that said bidder or anyone else would submit a false or
sham Proposal, or that anyone should refrain from bidding or withdraw
their Proposal.
(c) Did not, in any manner, directly or indirectly, seek by agreements,
communications, or conference with anyone to raise or fix any
overhead, profit, or cost element of this Proposal price, or that of
anyone else.
(d) Did not, directly or indirectly, submit their Proposal price or any
breakdown thereof, or the contents thereof, or divulge information or
data relative thereto, to any corporation, partnership, company,
association, organization, bid depository, or to any member or agent
thereof, or to any individual or group of individuals, except to the City of
Palm Desert or to any person or persons who have a partnership of
other financial interest with said bidder in his business.
Page 7 of 18
(e) That no councilperson, officer, agent or employee of the City of Palm
Desert, is personally interested, directly or indirectly, in this contract, or
the compensation, oral or in writing, of the City Council its officers,
agents or employees, has induced them to enter into this Contract,
excepting only those contained in this form of Contract and the papers
made a part hereof by its terms.
Subscribed and sworn to before me this day of , 20
By:
Notary Public in and for said
County and State Title:
Page 8 of 18
CONTRACTOR'S PROPOSAL
CITY OF PALM DESERT SUBMISSION FORM
PARK OFFICE RE-MODEL
TO: CITY CLERK
City of Palm Desert
73510 FRED WARING DRIVE
PALM DESERT, CA 92260
The undersigned declares that they have carefully examined the Specifications
accompanying the Invitation to Bid and is thoroughly familiar with the contents thereof,
is authorized to represent the bidding firm and propose services to Palm Desert.
ITEM DESCRIPTION PRICE
1. Park office re-model in accordance with $
specifications and plans ( provided for a fee by
OCB Repro ra hics
2. Addendum # 1
TOTAL $
TOTAL AMOUNT BASE BID IN FIGURES $
TOTAL AMOUNT BASE BID IN WORDS
Page 9 of 18
CONTRACTORS PROPOSAL (CONTINUED)
COMPANY
ADDRESS
( ) ( )
TELEPHONE FAX
BID PREPARED BY TITLE
SIGNATURE DATE
TECHNICAL ABILITY AND EXPERIENCE
The bidder must verify acceptable experience of water feature maintenance, which will
enable the City to judge the responsibility, experience, skill, and business/financial
standing of the bidder.
The City Council of the City of Palm Desert reserves the right to reject bids from firms
that do not reflect adequate experience and qualifications to conduct the necessary
work.
Additional numbered pages outlining information required or this portion of the proposal
shall be attached as necessary.
The bidder is required to state all work of a similar character to that included in the
proposed contract that he has perFormed in the last three years. Provide references with
an address, contact person and phone number.
Page 10 of 18
CONTRACTORS PROPOSAL (CONTINUED)
Contract Class of Date Name, Address & Telephone
Amount , Work Completed No. of Owner
1
2
3
Please include the following:
Local Office
Address:
Phone: ( )
Emergency Contact Person
Name:
Phone:
Page 11 of 18
GENERAL TERMS AND CONDITIONS
BUSINESS TAX
The City's Business Tax Ordinance requires that a Business Tax Receipt be obtained
before any business or trade is conducted within the City. City will obtain verification
that the bidder has a valid City of Palm Desert Business Tax Receipt prior to the
execution of the contract.
CONTRACT REQUIREMENT
The bidder to who award is made shall execute a written agreement with the City within
ten (10) calendar days after notice of the award has been sent by mail to it at the
address given in this proposal. The agreement shall be made in the form adopted by the
City and incorporated in the specifications.
FAILURE TO ACCEPT CONTRACT
If the bidder to whom the award is made fails to enter into the contract, the award will be
annulled, and an award may be made to the next lowest responsible bidder, and that
bidder shall fulfill every stipulation as if it were the party to whom the first award was
made.
LABOR ACTIONS
In the event that the selected bidder is experiencing a Labor action at the time of the
award of the contract (or if its suppliers or subcontractors are experiencing such a labor
action), the City reserves the right to declare said bidder is no longer the lowest
responsible bidder and to accept the next acceptable low bid from a bidder that is not
experiencing a labor action, and to declare it to be the lowest responsible bidder.
WORKERS' COMPENSATION COVERAGE
The Contractor shall procure and maintain, during the life of the contract, workers'
compensation insurance for all his or her employees engaged on or at the site of the
project; and in case any of the work is sublet, the Contractor shall require all sub-
contractors to similarly provide workers' compensation insurance by protection afforded
by, workers' compensation insurance carried by the Contractor.
SAFETY PROGRAM
Upon request by the City, the Contractor shall furnish the City with a copy of their
California OSHA required Injury and Illness Prevention Plan, or written description of
their exemption.
Page 12 of 18
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-
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.
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.
In the event the Contractor subcontracts any portion of the work, 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.
Page 13 of 18
CONTRACT ASSIGNMENT
The Contractor shall not assign, transfer, convey or otherwise dispose of the contract,
or its right, title or interest, or its power to execute such a contract to any individual or
business entity or any kind without the previous written consent of the City Council of
the City of Palm Desert.
NON-DISCRIMINATION
In the performance of the terms of this contract, the Contractor agrees that it will not
engage in, nor will it permit its sub-contractors to discriminate in the employment of
persons because of age, race, color, sex, national origin or ancestry, or religion.
LOCAL OFFICE
The Contractor shall maintain a local office with a competent representative that can be
reached during normal working hours and authorized to discuss matters pertaining to
this contract with the City. A local office is one that can be reached by telephone without
it being a toll call. An answering service or mobile telephone shall not fulfill the
requirement for a local office.
PERSONNEL
The Contractor shall furnish sufficient supervisory and working personnel capable of
making on-site decisions, accomplishing work on schedule.
SEVERABILITY
If any term, provision or condition of this agreement is held by a court of competent
jurisdiction to be invalid, void or unenforceable, the remainder of the provisions shall
remain in full force and effect and shall in no way be affected, impaired or invalidated.
Page 14 of 18
SPECIFIC TERM AND CONDITIONS
SCOPE OF SERVICE
This project involves the re-model of an existing office/work area located in Civic Center
Park, 73-510 Fred Waring Drive, Palm Desert California. The Contractor shall ensure
that all work is in accordance with the plans and specifications. Plans and specifications
can be purchased from OCB Reprographics, 77-734 Country Club Drive, Palm Desert,
California.
Page 15 of 18
Contract No. C28110
AGREEMENT
THIS AGREEMENT is made and entered into the City of Palm Desert on this 28 day of
August, 2008, by and between THE CITY OF PALM DESERT, a municipal corporation,
hereinafter referred to as "CITY", and Simon Contracting. hereinafter referred to as
"CONTRACTOR".
WITNESSETH:
WHEREAS, on July 28, 2008, the CITY invited bids for the park office re -model located
at 73-510 Fred Waring Drive.
WHEREAS, pursuant to said invitation, CONTRACTOR submitted a proposal, which
was accepted by CITY for said services.
NOW, THEREFORE, in consideration of their mutual promises, obligations, and
covenants hereinafter contained, the parties hereto agree as follows:
(1) CITY'S OBLIGATIONS. For furnishing services, as specified in this Agreement,
CITY will pay and CONTRACTOR shall receive in full compensation, therefore
the total sum ($)123,900.00 as set forth in the Contract Documents and adopted
by the CITY.
(2) CONTRACTOR'S OBLIGATION For, and in consideration of the payments and
agreements hereinbefore mentioned to be made and performed by CITY,
CONTRACTOR agrees with CITY to furnish the services and to do everything
required by this Agreement and the Specific Terms and Conditions.
HOLD HARMLESS AND INDEMNIFICATION. CONTRACTOR agrees to
defend, indemnify, and hold harmless The City of Palm Desert, its officials,
officers, employees, representatives, and agents from and against all claims
lawsuits, liabilities or damages of whatsoever nature arising out of our connection
with, or relating in any manner to, any act or omission of CONTRACTOR, his
agents, employees, subcontractors and employees thereof in connection with,
the performance or non-performance of this Agreement. The CONTRACTOR
shall thoroughly investigate any and all claims and indemnify the CITY and do
whatever is necessary to protect the City of Palm Desert, its official, officers,
employees, agents, and representatives as to any such claims, lawsuits,
liabilities or damages.
(3)
(4) AMENDMENTS. Any amendment, modification, or variation from the terms of
this Agreement shall be in writing, signed by the CONTRACTOR and approved
by the City Council of the CITY.
TERMINATION. If, during the term of this Agreement, CITY determines that
CONTRACTOR is not faithfully abiding by any term or condition contained
(5)
Page 16 of 18
Contract No. C28110
herein, CITY may notify CONTRACTOR in writing of such defect or failure to
perform; which notice must give CONTRACTOR a three-day notice of time
thereafter in which to perform said work or cure the deficiency. If CONTRACTOR
fails to perform said work or cure the deficiency within the three (3) days
specified in the notice, such shall constitute a breach of this Agreement and CITY
may terminate this Agreement immediately by written notice to CONTRACTOR
to said effect. Thereafter, except as otherwise set forth herein, neither party shall
have any further duties, obligations, responsibilities, or rights under this
Agreement except, however, any and all obligation of CONTRACTOR's surety
shall remain in full force and effect, and shall not be extinguished, reduced, or in
any manner waived by the termination hereof. In said event, CONTRACTOR
shall be entitled to the reasonable value of its services performed from the
beginning of the period in which the breach occurs up to the day it received
CITY's Notice of Termination, minus any offset from such payment representing
the CITY's damages from such breach. CITY reserves the right to delay any such
payment until completion of confirmed abandonment of the project, as may be
determined in the CITY's sole discretion, so as to permit a full and complete
accounting of costs. In no event, however, shall CONTRACTOR be entitled to
receive in excess of the compensation quoted in its bid.
The City Council may terminate the contract with 30 days written notice for any
reason.
(6) INCORPORATED BY REFERENCE. The Notice Inviting Bids; Bid Terms and
Conditions; General Terms and Conditions; Specific Terms and Conditions; Bid
Submission Form(s), Addendum Nos.1; Change Orders; additional or
supplemental specifications, drawing, maps or diagrams; and CITY issued forms
relating to this project, are hereby incorporated in and made a part of this
Agreement.
(7)
COMPLETE AGREEMENT. This written Agreement, including all writings
specifically incorporated herein by this reference, shall constitute the complete
agreement between the parties hereto. No oral agreement, understanding, or
representation not reduced to writing and specifically incorporated herein shall be
of any force or effect, nor shall any such oral agreement, understanding, or
representation be binding upon the parties hereto.
(8) ANTI -DISCRIMINATION. In the performance of the terms of this Agreement,
CONTRACTOR agrees that it will not engage in, nor permit such subcontractors
as it may employ, to engage in discrimination in employment of any person
because of the age, race, color, sex, national origin or ancestry, or religion of
such persons. Violation of this provision may result in the imposition of penalties
referred to in Labor Code Section 1735.
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Contract No. C28110
(9) AUDIT. CITY shall have the option of inspecting and/or auditing all records and
other written material used by CONTRACTOR in preparing its statements to
CITY as a condition precedent to any payment to CONTRACTOR.
(10) NOTICE. All written notices to the parties hereto shall be sent by United States
mail, postage prepaid by registered or certified mail, return receipt requested,
addressed as follows:
Office of the City Clerk
CITY OF PALM DESERT
73-510 Fred Waring Drive
Palm Desert, CA 92260
(11) LITIGATION COSTS. In the event an action is filed by either party to enforce any
rights or obligations under this Agreement, the prevailing party shall be entitled to
recover reasonable attorney's fees and court costs, in addition to any other relief
granted by the court.
(12) AUTHORITY TO EXECUTE AGREEMENT. Both CITY and CONTRACTOR do
warrant that each individual executing this Agreement on behalf of each party is
a person duly authorized.
IN WITNESS WHEREOF, the parties hereto have caused this instrument to be
executed the day and year first hereinabove written.
CITY OF PALM DESERT
A Municipal Corporation CONTRACTOR
JEAN BENSON, MAYOR
CITY OF PALM DESERT, CALIFORNIA
ATTEST: APPROVED AS TO CONTENT:
RACHELLE D. KLASSEN,
CITY CLERK
APPROVED AS TO FORM:
DAVID J. ERWIN, CITY ATTORNEY
JANIS STEELE
PARKS AND RECREATION
SERVICES MANAGER
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