HomeMy WebLinkAboutC28370 Washington St. @ EB I-10 On-Ramp Embnkmnt Repairs 958-08v,
CITY OF PALM DESERT
PUBLIC WORKS DEPARTMENT
STAFF REPORT
REQUEST: Award Contract for Washington Street at Eastbound 1-10 On -
Ramp Embankment Repairs (958-08)
SUBMITTED BY: H. Spencer Knight
Landscape Manager
CONTRACTOR: Carter Engineering, Inc.
P.O. Box 26
Imperial, CA 92251
DATE: December 11, 2008
CONTENTS: Proposal
Agreement
Vicinity Map
Recommendation:
By Minute Motion:
1. Award Contract No. C 28370 for Washington Street at Eastbound I-
10 On -Ramp Embankment Repairs to Carter Engineering, Inc. of
Imperial, California (Project 958-08), in the amount of $26,350.00;
2. Approve a 10% contingency of $2,635.00; and
3. Authorize the Mayor to execute the agreement.
Discussion:
In April of 2005, the City of Palm Desert entered into an agreement with
Riverside County and Caltrans for the maintenance of new landscaping on the I-
10/Washington Avenue interchange. The City assumed responsibility for the
landscape maintenance in the summer of 2008.
During the course of regular maintenance activities, an irrigation valve failed to
close and resulted in erosion on the south -facing slope of the eastbound ramp.
The erosion was significant enough that it could not be mitigated through normal
maintenance operations; therefore, a formal bid was required for the repairs.
Award Contract to Carter Engineering for 958-08
Page 2 of 2
December 11, 2008
On November 17, 2008, the City Clerk advertised and called for bids for
Washington Street at Eastbound 1-10 On -Ramp Embankment Repairs. Bids were
opened and read aloud on Tuesday, November 25, 2008 at 2:00 p.m. with the
following results:
1. Carter Engineering, Inc. (Imperial, CA)
2. Granite Construction (Indio, CA)
3. Tri-Star Contracting II, Inc. (Desert Hot Springs, CA)
$ 26,350.00
$ 61, 000.00
$224,775.00
Staff has reviewed Carter Engineering's bid and has found it to be in order with
the contract requirements.
Staff has also reviewed the cause of the irrigation failure and in order to minimize
any future damages of this type, minor changes will be made to the irrigation
system.
Therefore, staff recommends that, by Minute Motion, City Council award Contract
No. C28370 for the Washington Street at Eastbound 1-10 On -Ramp
Embankment Repairs to Carter Engineering, Inc. of Imperial, California in the
amount of $26,350.00; approve a 10% contingency of $2,635.00; and authorize
the Mayor to execute the agreement.
Fiscal Impact:
Funds are available in account 110-4614-453-3370.
Submitted By:
H j Sp ,ncer Kght
'ape M ager
Approv
Homer Croy
ACM for Dev
Carlos L. Ort0
City Manager
Department Head:
Director of Public Works
Paul Gibson
ment ServicesCITY COUNCIIRAMTeDirector
APPROVED l/ DENIED
RECEIVED OTHER
nr,_ n L l a -/I - d'
.°:'SENT " f1J r7 P_
':ES A?_N: AIDA €
G:IPubWorkslStaff Reports120081December 1111 f "434(gaf hart9iYngineering P958-081Award Contract to Carter Engineering P958-08.doc gad to
riginal on File with City Clerk's Office
C - CONTRACTOR'S PROPOSAL
WASHINGTON STREET AT EASTBOUND I-10 ON-RAMP EMBANKMENT REPAIR
PROJECT NO. 958-08
CONTRACT NO. c2s3�o
TO: CITY OF PALM DESERT, "CITY"
DATE: I ( /�5/Z��S
BIDDER: C.,�Q.T� En� Cr�J�Efz�G . =.�1C� , "CONTRACTOR"
The UNDERSIGNED, "CONTRACTOR", having carefully examined the site and the
Contract Documents for the construction of, WASHINGTON STREET AT EASTBOUND
I-10 ON-RAMP EMBANKMENT REPAIR, PROJECT NO. 958-08, CONTRACT NO.
, hereby proposes to construct the work in accordance with the Contract
Documents, including Addenda No(s). 1. for the amount
stated in this Proposal.
By submitting this Proposal, CONTRACTOR agrees with CITY:
1. That unless withdrawn in person by CONTRACTOR or some person authorized
in writing by CONTRACTOR — not by telephone or telegram — before the time
specified in the Notice Inviting Bids for the public opening of bids, this Proposal
constitutes an irrevocable offer for 60 calendar days after that date.
2. The CITY has the right to reject any or all Proposals and to waive any
irregularities or informalities contained in a Proposal.
3. That the contract shall be awarded only by the governing body of CITY. Said
contract shall only be deemed awarded after the CONTRACTOR'S complete
submission of all contract documents, bonds, insurance documentation, and the
CITY shall obtain all necessary signatures of the goveming body, at which time
the contract shall be deemed awarded.
4. To submit to CITY such information as CITY may require to determine the
,
Bidder's financial standing experience and to perform the work.
5. That the accompanying certified or cashier's check or Bid Bond constitutes a
guarantee that if awarded the contract, CONTRACTOR will execute the
Agreement and deliver the required bonds and certificates of insurance within 10
days after notice of award. If CONTRACTOR fails to execute and deliver said
documents, the check or bond is to be charged with the costs of the resultant
damages to CITY, including but not limited to publication costs, the difference in
money between the amount bid and the amount in excess of the bid which costs
CITY to do or cause to be done the work involved, lease and rental costs,
additional salaries and overhead, increased interest and costs of funding the
project, attorney expense, additional engineering and architectural expense and
Page C-1
cost of maintaining or construction alternate facilities occasioned by the failure to
execute and deliver said documents.
It is understood that the quantities shown hereon, except for those quantities marked
"Lump Sum", are estimates and the final payment will be based upon the actual work
performed, subject to such adjustment and alterations as elsewhere provided herein.
. � Mobilization LS 1 $ 2,�35,� $Z��S�v�
2 Traffic Control LS 1 $ <<j 01�,� $ �sb�• ��`J
3 Embankment Repair LS 1 $ ��I�q C_ $ Igf�`fD.o;�
4 Removal and Replacement of LS 1 $ I 00(�,� $ ���� ��' �
Irri ation
5 Removal and Replacement of LS 1 $ `Z5`��.v�D $'25�2 S a �
Landscapin
$ $
$ $
$ $
$ $
$ $
$ $
TOTAL BID PRICE � �(p � �3 �C.�
Page C-2
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 related Pay Item(s), and no
additional compensation shall be due CONTRACTOR by virtue of CONTRACTOR'S
compliance with the Plans and Specifications.
TOTAL AMOUNT BASE BID IN FIGURES $ ,� � i 3 �C� P ��
TOTAL AMOUNT BASE BID IN WORDS �� ��"E'1 � � �� �'I�-ov����- �
�'11� �Pi �,'�,�n,r"��,,'r.�- -�� � 4- �`s'i r� � .
IN WITNESS WHEREOF CONTRACTOR executed this proposal as of date set forth on
Page C-1:
By:
' Signature
Title: _����1 Elv�l ��(L En�GTN EERtNG���c.-
CONTRACTOR
State of California )
�'�t��- )
County o )
' Subscribed and sworn to or aff' med) befor e o„ this ay of �c�-c���w/��
(month),� � (year), by
, proved to me on the basis o s '' act evidence to be the person(s)
who appeared before me.
Signature of No ary � - �'-� (Seal of Notary)
��������
Page C-3
D — INFORMATION REQUIRED OF BIDDER
The bidder is required to supply the following information. Additional sheets may be
attached if necessary.
(1) Address l�•� . �Q� Z(A l�n�l'�EtZT,prL r C� Q22S�)
(2) Telephone No. ���1`-t S'"1 '�l s ��1
(3) Type of Firm (Individual, Partnership or Corporation) �a (LPo�IPti�'LO�
(4) Corporation organized under the laws of the State of L,n.t��.'FU(zNiA
(5) Contractor's License No. � I�l O� 2 Exp. Date �-�( /'3 v/Zn�o
� Contractor hereby swears under penalty of perjury that this information provided is true
' and correct.
By: I_1./1� . l..� Title: ��Ess-'D F,�l'T�
Signature Contractor
(6) List the names and addresses of all owners of the firm or names and titles of all
ofFicers of the corporation:
S�FFfLEK N�. G4.(L'tE f�- 'P(��5�-���v�
(7) Number of years' experience as a Contractor in construction work (
(8) List at least three similar projects completed recently:
Contract Amount Class of Work Date Completed Name, Address &
Telephone No. of Owner
1. �°Zf)v,I- ��a�e, �r��;n� �� IM,►�cr�, (.a�ti,.��r��..�
p ��,�c�y � c-R
Z�b�
2. to�- c��..�„���,�y �Wr� N��;,� ��,�r�,�nr
�� � �� Y� ���k��ln � C�
s. �y„v�c�.S c.c�.�� �w��, `��.,t�h�e.�o n
�i0� 'r � � (�j v�S�Cr`�v 4� 0 h
�r�,c���j �l,(9�
�� ���� � � �
Page D-1
(9) List the names and addresses of each Subcontractor who will perform work in or
about the work improvement, and indicate what portion of the work will be done
by each Subcontractor:
Subcontractor's Name: 2-� �fj.,;v�� ' .�Q�
License Number: � �'1� � ��
� ^
Address �?(a2-� ��,v�,�`�► ( A�c, `�t� S� �,�1.
I�C�-� �.,� �e� �--}-- , % � � 22u
Telephone: � � � � (� �- U� �
Work to be performed: G.��,�.� �e�, ' ✓�, i `
Subcontractor's Name: t t�1 C�1,v—G..�`l� �v�, ��,_,���
License Number:
Address: � �6�1 � �•� � -�-��` �- � Q
Telephone: f� �� �— ��
Work to be performed: C��+�Q,,,v�,;L,�,, ,� 5�-�� ; � i�2�,,
Subcontractor's Name:
License Number:
Address:
Telephone:
Work to be performed:
(10) List the name of the person who inspected the site of the proposed work for your
firm SE-k��'.�.�.t � �,a�.�'�-C�
(11) A financial statement or other information and references sufficiently
comprehensive to permit an appraisal of your current financial condition may be
required by the City. �
Page D-2
CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT
State of California
County ofi=�:�����
C..,, /� �
On /Gd'Z) �5��� before me, -C� � .�-£ � Q ,
Date � Here I ert Name a d Title of the Officer
personally appeared
� Name(s)of Signer(s)
who proved to me on the basis of satisfactory evidence to
be the person s�whose name(s} is/a�e-subscribed to the
within instrument and acknowledged to me that
he/slaef�Hey-executed the same in his/he+�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.
KAY E.GOODS�PEED �
Commisslon# 16412�a [ I certify under PENALTY OF PERJURY under the laws
� ,-� : Notary Publlc-California ; of the State of California that the foregoing paragraph is
� Imperial Coun� true and correct.
My Comm.Expires Feb 25,2010
WITNESS my hand and icial seal.
Signature _.�'�
Place Notary Seal Above Signature of Not y 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: �1"�`-�� � ��
Document Date: /�.�'L� ��� ��� Number of Pages: �
Signer(s) Other Than Named Above:
Capacity(ies) Claimed by Signer(s)
Signer's Name: Signer's Name:
❑ Individual ❑ Individual
❑ Corporate Officer—Title(s): ❑Corporate Officer—Title(s):
❑ Partner—❑ Limited ❑ General ❑ Partner—❑ Limited ❑ General
❑ Attorney in Fact • • ❑Attorney in Fact • -�
❑ Trustee Tap of thumb here �Trustee Top of thumb here
❑ Guardian or Conservator ❑ Guardian or Conservator
❑ Other: ❑Other:
Signer Is Representing: Signer Is Representing:
�2007 National Notary Association•9350 De Soto Ave.,PO.Box 2402•Chatsworth,CA 91313-2402•www.NationalNotary.org Item#5907 Reorder:Call Toll-Free 1-800-876-6827
E - NON-COLLUSION AFFIDAVIT
To be Executed by Bidder and Submitted with Bid
STATE OF CALIFORNIA )
) SS
COUNTY OF )
JEFFREY /1/�. �I�L'f�(L , being first duly sworn, deposes and
says that he/she is t�(L�StO EN'r of C�.rc.-r-�[���,r,r��F�,tr7���G , the
party making the foregoing bid; that the bid is not made in the interest of, or on behalf of
any undisclosed person, partnership, company, association, organization, or
corporation; that the bid is genuine and not collusive or sham; that the bidder has not
directly or indirectly induced or solicited any other bidder to put in a false or sham bid,
and has not directly or indirectly colluded, conspired, connived, or agreed with any
bidder or anyone else to put in a sham bid, or that anyone shall refrain from bidding;
that the bidder has not in any manner, directly or indirectly, sought by agreement,
communication, or conference with anyone to fix the bid price of the bidder or any other
bidder, or to fix any overhead, profit, or cost element of the bid price, or of that of any
other bidder, or to secure any advantage against the pubic body awarding the contract
of anyone interested in the proposed contract; that all statements contained in the bid
are true; and, further, that the bidder has not, directly or indirectly, submitted his or her
bid price or any breakdown thereof, or the contents thereof, or divulged information or
data relative thereto, or paid, and will not pay, any fee to any corporation, partnership,
company, association, organization, bid depository, or to any member or agent thereof
to effectuate a collusive or sham bid.
By� �C-�-
Signature
Title: ��I1�51"�1 �N'r
CONTRACTOR
State of C 'fornia _
County
Subscribed and sworn to (or affirmed), before me thi � day of���fi��Y��Y
(month), 20 � � (year), by� � . , proved to me on the
basis of satisfactory evidence to b t e person who ppeared before me.
Signature of No Notary Public in and for said
County and State
(seal of notary)
Page E-1
CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT
State of California
County o �2 � �
On�(.G-{1�����'i before me,
^ � � ��
Date ere Insert Name a Title of th Officer
personally appeare v -8
� Name(s)of Signer(s)
who proved to me on the basis of satisfactory evidence to
be the person(s) whose name(s)Q�a�e-subscribed to the
within instrument and acknowledged to me that
he/she!#�e�executed the same in his/qe�eir authorized
capacity(iesj, and that by his/he�kh�l'P'Signature(s) on the
instrument the person(s), or the entity upon behalf of
which the person(s) acted, executed the instrument.
,���s _ _ � _
KAY E.GOODSPEED
Commission# 1641274 I certify under PENALTY OF PERJURY under the laws
Z ,•r Notary Public-Calitornia ; of the State of California that the foregoing paragraph is
, �• Imperial County true and correct.
' My Comm.Expires Feb 25,2010
WITNESS my hand nd o ial seal.
Signature -
Place Notary Seal Above ignature of Notary ublic.
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: '�V��-- ������ ' �����
�%� � G,�,
Document Date: !'L-�Q�W✓���� �� � Number of Pages: �
Signer(s) Other Than Named Above:
Capacity(ies) Claimed by Signer(s)
Signer's Name: Signer's Name:
❑ Individual ❑ Individual
❑ Corporate Officer—Title(s): ❑Corporate Officer—Title(s):
❑ Partner—❑ Limited ❑ General � Partner—❑ Limited ❑ General
❑ Attorney in Fact • ' ❑Attorney in Fact • '
❑ Trustee Top of thumb here �Trustee Top of thumb here
❑ Guardian or Conservator ❑Guardian or Conservator
❑ Other: ❑Other:
Signer Is Representing: Signer Is Representing:
OO 2007 National Notary Association•9350 De Soto Ave.,P.O.Box 2402•Chatsworth,CA 91313-2402•www.NafionalNotary.org Item#5907 Reorder:Call Toll-Free 1-800-876-6827
F - BIDDER'S BOND
To Accompany Proposal
KNOW ALL MEW BY THESE PRES�NTS,
�'18t W�, CARTER ENG7NF.FRTxG,INC. �5 principal,
and ��� CONTRACTORS INDII�lNITY COMPANY �s surety, are held and
firmly bound unto the City of Paim Desert in the sum of$ 3,000.00 (10% of bid)
to be paid to the said Clty or its certain attomey, its successors and assigns; far which
payment, well and truly to be made, we bind ourselves� aur heir�, executors and
administraturs, successars ar assigns, jointty and severally, firmly by thgse presents.
THE CONDtTION OF THIS OBLIGATION IS SUCH, that �F the certain proposal of the
above bounden principai to perform certain work described as follows:
The general items of work to be done hereunder consist of: mobifization, traffic control,
excavatio�, cQmpaction, and landscaping.
and dated � '�r7 ��t�� is accepted by the City of Palm Desert,
and if the above bounden principal GARTER ENGINEERudG, �xc. shall
duly enter into and execute � contract for such constna�tion, and shall execute and
deliver the Pe�Formance Bond and Payment Bond and insurance certiflcates as required
by said contract, then this obligation shall be�ame null and void; othervvise it shall be
and remafn in full force arxl effect.
Should it become necessary for the City to institute a lawsuit, or any other legal
proceeding to enforce the teRns and conditions of this bond, then all costs of said
proceeding, including attomey's fees, shall be awarded to the prevailing party.
Page F-1
IN WtTNESS WHEREOF, We hereunto set our Hands and Seals this 24� day
of Nov�a��x 20os .
Contractor's Name: CARTF,R ENGINBERING ixc.
Contractor's Sfgnature:
Title: �1�c SSA EN r
Address: . �Pa�- 2� =w� �ia` �Z-ZS��
Telephone: ��l� (� �l S"l -15(01
$U�g�/'g MAC►1e; AMERICAN CONTRACTORS INDIIKNITY COMPANY
Surety's Signature: "�"' �'''''
Title: M1,T1'HEW L. M[1RRAY, ATTORNEY-IN-FACT __ _
Address: 9841 AIRPORT BLVD., 9TH FIAOR LOS ANGELES, CA 90045
Telephone: 800-486-6695
Page F-2
CALIFORNIA ALL-PURPOSE
CERTIFICATE OF ACKNOWLEDGMENT
State of California
County of Sacramento
On 11-24-2008 before me, ROSEMARY MADDALENA,NOTARY PUBLIC ,
(Here insert name and title of the officer)
personally appeared MATTHEW L.MURRAY
,
who proved to me on the basis of satisfactory evidence to be the person(�j whose name(�) is/�e subscribed to
the v✓ithin instrument and acknowledged to me that he/��c�t� executed the same in his/�er/�keir authorized
capacity(3e�s), and that by his/He�{�e�r signature(�)on the instrument the person(-�), or the entity upon behalf of
which the person(^sj acted, executed the instrument.
I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph
is true and correct.
. ._.�.,�,,;,��.,<.
,;F�;r.�~h,� R(7&�t,h�'�ldY"��r,r�nn�.r.:�
WITNESS my hand and official seal. � �°`" ��:. Ct}�h;.�fir`'t�r'4 �rM
�P'� � .;g_►itiata�ti(�u�tw•i.�et+fUr�►ic y,`
y t�.� �At'i+JabAkhit�.�41F�tv .i.T.
�",`���"f t�ntij�r+��.'w.}tExN 2't.'t�12
(Notary Seal) �0�'i'"49"C°G"�Y��
Signature o otary Pub�c
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DESCRIPTION OF THE ATTACHED DOCUMENT appears above in the notary section or a separate acknowledgment form must be
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verbiage does not require the notary to do something that is illegal for a notary in
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the county clerk.
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2008 Version CAPA v12.10.07 800-873-9865 www.NotaryClasses.com
= === ___
P ER OF ATTORNEY,
Ai1ZERICAN COIVTRACT��S��DEI�fi��`�'G�'I���T�==UIVITEly STATES SURET�C CaMPANY U.�P��'Ie��'£�[T�TS�t11�I�.+�pMPAN�'�
_- - -- - �ni COm
KNOW ALL MEN BY T�E�IV��merican Contractors Inde ty pany,a�o
r��io�or��rfed States
Surety Company, a Mary(and corporation and U.S. Specialty Insurance Company, a Texas corporation (collectively, the
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��m��ie�'-__o by t ese presents ma e,eonst�tute and ap�nt = _ - , ,
_ _ -����lors,Shery!Smith,Eliaa6eth A.Juarez,�a��` �r�r��g H.Nguyen,Matthew L.Mu�rray, =
- - `= == Rosemary Maddalena,or���'r�r����,California =
its true and lawful Attorney(s)-in-fact,each in their separate capacity if more than one is named above,with full power and authority
hereby cwnferred in its�e�ac��st�,t��cute,acknowledge and deliven a�e�and atl�nc�re��za�s�ertakings
or other instruments o��r� ���► include rfders, amendments, arid cons��f�e�n���e bond
penatty does nat exceec�== - _ _ =�**Three l�illion'�*** _-=��r� �,(��,pp** ),
This Power of Attome s�l ex ir�=w�th�t �ier action on March 18,
� �� y p - - � 20I�1. ��This Power o�ttorney-�gr�e�der and by `��
_ he Boards�f Directors�fthe�om�nies: ,
_ aut ont�o_t e_fo owmg reso utions adopted by t _ _ _ _ _
_ �I��fflv��he President,any Vice-President;any AssiStant Vice�s�tt��€e�or�s�istant Se�reta�y shall'be at�d is hereby�est�d with fu�l
=po��ff�nt���i appoint anyane or rnore�uitapie perst�ns 0�Attome�Fa�r�s��t�and on behaT�of the Company si�bj�e�to#h�followin�
_ —�tr€�isio� __ _ = _ _— -
Attorney-in-Fact may be given full ower and authori for and in khe name of and on behalf of the Com an ,to execute,acknowled . -
p ty p y ge and deliver,any and all bonds,
[ecpgnizances co���racts,agree�nt�in=' an�the��nditional or pb�igaxpry und�r�akin�s�tnd����nd all noti�an�ncu��can��n��temunating tk�e
, �Co{1�paqy`�li�;'�i�ity��hereunde�c��y - �u�ts `��ted by a�ti'y,sqoY};;A���1�'ne����"a��,sl����be 4inding u�t��o�n��i�n�Presidei�G �
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ACKNOWLEDGMENT
State of Cal' rnia �
County � ` )
,
On /�'�)���Fij�'��,��}�before m , Le � �; �
(insert name an title of the officer) �
personally appeared �- ���
who proved to me on e sis of tisf�ctory evidence to be the person(s)whose name(s)�s'�e�
subscribed to the within instrument and acknowled ed to me that�sheLthey executed the sam e in
f5i he�ei�authorized capacity(ies), and that by�er�thre�r signature(�on the instrument the
person(.s�., or the entity upon behalf of which the person(s) acted, executed the instrument.
I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing
paragraph is true and correct.
WITNESS my hand and official seal. tcav E. �oo�sPEE�
Comm)ssion# 1641274
� ,-r r Notary PubAc-Californla �
�� Imperlal County "'
My Comm.Explres Feb 25,2010
Signature (Seal)
AGREEMENT
THIS AGREEMENT is made and entered into this 11th day of December, 2008,
by and between City of Palm Desert, California, hereafter called "CITY" and Carter
Engineering, Inc., hereinafter called "CONTRACTOR".
WITNESSETH
RECITALS:
CONTRACTOR has submitted to CITY its Contractor's Proposal for the construction of
CITY Project,
1. Error! Use the Home tab to apply Project to the text that you want to appear
here., Error! Use the Home tab to apply Project No to the text that you want
to appear here., Error! Use the Home tab to apply Contract No to the text
that you want to appear here., in strict accordance with the Contract
Documents identified below, CITY has accepted said Proposal.
2. CONTRACTOR states that it has re-examined its CONTRACTOR'S Proposal
and found it to be correct, has ascertained that its Subcontractors are properly
licensed and possess the requisite skill and forces, has examined the site and
Contract in accordance with the Contract Documents for the money set forth in
its Proposal to be paid as provided in the Contract Documents.
AGREEMENT:
IT IS AGREED BY THE PARTIES AS FOLLOWS:
1. Contract Documents: The entire contract consists of the following: (a) The
Agreement; (b) The Notice Inviting Bids; (c) The Instruction to Bidders; (d) The
Contractor's Proposal; (e) The Bidder's Bond; (f) The PerFormance Bond; (g)
The Payment Bond; (h) The General Specifications; (i) The Special Provisions;
(j) The Standard Specifications as modified in other portions of the Contract
Documents; (k) The Plans; (I) Addenda Nos. 1; (m) The Determination of
Prevailing Wage Rates for Public Work; (n) Any Change Orders issued; (o) Any
additional or supplemental specifications, notices, instructions and drawings
issued in accordance with the provisions of the Contract Documents. All of said
Documents presently in existence are by this reference incorporated herein as if
here set forth in full and upon the proper issuance of their documents they shall
likewise be deemed incorporated.
2. Contractor shall commence the work within ten calendar days after the date of
the Notice to Proceed and will do all things necessary to construct the work
generally described in Recital No. 1 in accordance with the Contract Documents
and will complete said work within Error! Use the Home tab to apply Length to
the text that you want to appear here. from the Notice to Proceed date to the
satisfaction of the Engineer.
3. Contractor agrees to indemnify, defend and save CITY and its officers, agents
and employees, and the Engineer harmless from:
a. Any and all liability, claims, damages, losses or injuries to any person or
other entity, including injury to Contractor's employees, and all claims
which arise from or are connected with the negligent performance of or
failure to perform the work or other obligations of this Agreement, or which
are caused or which are claimed to be caused by the negligent or
intentional acts or omissions of Contractor, its subcontractors, its agents
or employees, and, all expenses of investigating and defending against
same,
b. Any and all liability, claims, damages, losses or injuries to any and all
contractors, subcontractors, material-men, laborers, or any other person,
firm or corporation furnishing or supplying work, services, materials or
supplies in connection with the performance of the Agreement.
c. Attention is directed to the General Specifications - Claims, Liability, and
Indemnity Agreement/Hold Harmless sections, which specifications are
made part of this Agreement as set forth in Agreement paragraph 1,
above.
d. Attention is directed to Section 6-9, "Liquidated Damages" of the Standard
Specifications and is hereby amended to substitute the "City of Palm
Desert" in place of "Agency." Liquidated damages shall be $1,000 dollars
per calendar day of delay.
4. Should any litigation or arbitration be commenced between the parties
concerning the works of improvements as referenced herein, the prevailing party
in any such litigation, being the CITY or the Contractor, should be entitled to a
reasonable sum for attorney's fees incurred in any such litigation relating to this
Contract.
5. This Agreement shall be binding upon all parties hereto and their respective
heirs, executors, administrators, successors, and assigns.
6. Contractor shall be paid in the manner set forth in the Contract Documents the
amount of its Proposal as accepted by CITY, subject to such additions and
deductions as may be made pursuant to the Contact Documents and applicable
law.
Satisfactory Performance: The prime Contractor agrees to pay each
Subcontractor under this prime contract for satisfactory performance of its
contract no later than 10 days from the receipt of each payment the prime
Contractor receives from City of Palm Desert. Any delay or postponement of
payment from the above referenced time frame may occur only for good cause
following written approval of the City of Palm Desert.
Release of Retention: The prime Contractor agrees further to release retention
payments to each Subcontractor within 30 days after the Subcontractor's work is
satisfactorily completed. Any delay or postponement of payment from the above
referenced time frame may occur only for good cause following written approval
of the City of Palm Desert:
7. Execution of the Agreement by the parties constitutes their agreement to abide
by all applicable provisions of the California Labor Code; constitutes contractor's
certification that he is aware of the provisions of said Code and will comply with
them; and further constitutes Contractor's certification as follows:
"I am aware of the provisions of Section 3700 of the California Labor Code which
requires every employer to be insured against liability for worker's compensation
or to undertake self insurance in accordance with the provisions of that Code,
and I will comply with such provisions before commencing the performance of the
work of this contract."
IN WITNESS WHEREOF the parties hereto have executed or caused to be
executed by their duly authorized officials, this Agreement which shall be deemed an
original on the date first above written.
�Remainder of this page has intentionally been /eft blank.
Signature b/ocks are contained on the next page]
CONTRACTOR:
BY: ATTEST BY:
Signature to be notarized
TITLE: TITLE:
CITY:
BY: ATTEST BY:
Signature to be notarized
TITLE: Mayor of Palm Desert, CA TITLE: City Clerk of Palm Desert, CA
APPROVED AS TO CONTENT: APPROVED AS TO FORM:
MARK GREENWOOD, P.E. DAVID J. ERWIN
DIRECTOR OF PUBLIC WORKS CITY ATTORNEY
State of California )
)
County of )
On before me,
personally appeared
, who 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.
I certify under PENALTY OF PERJURY under the laws of the State of California that the
foregoing paragraph is true and correct.
WITNESS my hand and official seal.
Signature (Seal)
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