HomeMy WebLinkAboutSR - R23210 - Contruction Contract for Freedom ParkCONTRACT NO. R23210
PALM DESERT REDEVELOPMENT AGENCY/CITY OF PALM DESERT
DEVELOPMENT SERVICES
STAFF REPORT
REQUEST: AWARD OF CONSTRUCTION CONTRACT FOR FREEDOM
PARK( PROJECT NO. 713-00)
SUBMITTED BY: JAY NIEMCZAK, PARKS MAINTENANCE SUPERVISOR
DATE: MARCH 9, 2006
CONTENTS: 1. CONSTRUCTION ESTIMATE DATED APRIL 15, 2005
2. CONSTRUCTION ESTIMATE DATED DECEMBER 28, 2005
3. CONTRACT
Recommendation:
By Minute Motion:
1. Authorize the Executive Director to enter into a contract with James E. Simon
Company of Indio, California in an amount not -to -exceed $9,769,276.00
($7,186,115 from Project Area No. 4 and $2,338,961 from Project Area No. 2)
for the construction of Freedom Park;
2. Authorize the Finance Director to set aside a 5% contingency in the amount of
$488,464 from Project Area No. 2 (use of contingency requires additional
action);
3. Approve an appropriation of $244,200.00 from Public Works Unobligated Fund
232, Zone 3 Drainage; and
4. Approve an appropriation of $2,827,425.00 from Project Area No. 2
Unobligated Project Funds.
Executive Summarv:
The Palm Desert Redevelopment Agency purchased land for a regional park (Freedom
Park) on the north side of Palm Desert on Country Club Drive. In July of 2003, the Agency
entered into an agreement with David Evans and Associates to complete the park master
plan, identify construction cost estimates, and to develop construction documents for
Freedom Park.
Staff Report
Award of Contract for Construction of Freedom Park
March 9, 2006
Page 2 of 3
In December 2005, City Staff requested sealed bids for the construction of Freedom Park.
Bids were opened on February 15, 2006. After reviewing the bids, Staff recommends that
the Redevelopment Agency Board authorize the Executive Director to execute a contract
with James E. Simon Company in the amount not to exceed $9,769,276.00, plus a 5
percent contingency to complete the construction of Freedom Park.
Discussion:
On July 10, 2003, the Palm Desert Redevelopment Agency and David Evans and
Associates entered into an agreement for development of the Freedom Park Master Plan,
to identify cost estimates, and for completion of construction documents. The construction
cost estimates were to help guide the City's Planning Department in the development of
the construction budget.
In July of 2005, Parks and Recreation Staff were asked to complete the Freedom Park
project. Staff proceeded with the finalization of construction documents, the plan check
process, and constructability review.
On December 26, 2005, City Staff requested sealed bids for the construction of Freedom
Park based on the latest construction estimate from David Evans and Associates. The
estimate, dated April 15, 2005, was $7,529,417.09. The scope of the project did not
change after this date.
On December 28, 2005, Staff received an e-mail from David Evans and Associates with an
updated construction estimate of $9,210,185.28 for the Freedom Park project (see
attached estimates). Staff immediately requested that David Evans and Associates Staff
explain the substantial increase in construction costs when the scope of the project had
not changed. The response was that a majority of the irrigation and landscaping costs
were not included in the original construction estimate. There had been no changes, it was
just a mistake and not included in the previous estimates.
Bids for the project were received until 2:00 pm on February 15, 2006. Three proposals
were received. The following are the results of the bid opening:
1. James E. Simon Co., Indio, CA $ 9,769,276.00
2. Environmental Construction Inc., Canoga, CA $12,931,077.50
3. Griffith Company, Santa Ana, CA $14,893,500.00
Funds are currently available in the Redevelopment Agency Account No. 854-4670-454-
4001 in the amount of $7,186,115. Staff recommends appropriation from Unobligated Fund
232, Zone 3 Drainage (for the soccer field subsurface improvements). In addition, Staff
recommends appropriation of $2,827,425, from Project Area No. 2 Unobligated Project
Funds, be approved to this account.
Staff Report
Award of Contract for Construction of Freedom Park
March 9, 2006
Page 2 of 3
In December 2005, City Staff requested sealed bids for the construction of Freedom Park.
Bids were opened on February 15, 2006. After reviewing the bids, Staff recommends that
the Redevelopment Agency Board authorize the Executive Director to execute a contract
with James E. Simon Company in the amount not to exceed $9,769,276.00, plus a 5
percent contingency to complete the construction of Freedom Park.
Discussion:
On July 10, 2003, the Palm Desert Redevelopment Agency and David Evans and
Associates entered into an agreement for development of the Freedom Park Master Plan,
to identify cost estimates, and for completion of construction documents. The construction
cost estimates were to help guide the City's Planning Department in the development of
the construction budget.
In July of 2005, Parks and Recreation Staff were asked to complete the Freedom Park
project. Staff proceeded with the finalization of construction documents, the plan check
process, and constructability review.
On December 26, 2005, City Staff requested sealed bids for the construction of Freedom
Park based on the latest construction estimate from David Evans and Associates. The
estimate, dated April 15, 2005, was $7,529,417.09. The scope of the project did not
change after this date.
On December 28, 2005, Staff received an e-mail from David Evans and Associates with an
updated construction estimate of $9,210,185.28 for the Freedom Park project (see
attached estimates). Staff immediately requested that David Evans and Associates Staff
explain the substantial increase in construction costs when the scope of the project had
not changed. The response was that a majority of the irrigation and landscaping costs
were not included in the original construction estimate. There had been no changes, it was
just a mistake and not included in the previous estimates.
Bids for the project were received until 2:00 pm on February 15, 2006. Three proposals
were received. The following are the results of the bid opening:
1. James E. Simon Co., Indio, CA $ 9,769,276.00
2. Environmental Construction Inc., Canoga, CA $12,931,077.50
3. Griffith Company, Santa Ana, CA $14,893,500.00
Funds are currently available in the Redevelopment Agency Account No. 854-4670-454-
4001 in the amount of $7,186,115. Staff recommends appropriation from Unobligated Fund
232, Zone 3 Drainage (for the soccer field subsurface improvements). In addition, Staff
recommends appropriation of $2,827,425, from Project Area No. 2 Unobligated Project
Funds, be approved to this account.
Staff Report
Award of Contract for Construction of Freedom Park
March 9, 2006
Page 3 of 3
After carefully reviewing the qualifications of these companies, Staff recommends the
Agency Board authorize the Executive Director to execute a contract with the lowest, most
responsive bidder, James E. Simon Co.
Submitted By:
Ja iemQ
s Maintenance Supervisor
Approval: ,
i
Homer Croy `f
ACM for Dev o ent Services
Dave Y g en
Director Redevelopment/Housing
Carlos L. Ort a
City Manager/Executive Director
Department Head:
4iss Steele
and Recreation Services Manager
G
McCarthy
:)r Redevelogme
Paul S. Gibson
Director of Finance
DAVID EVANS AND ASSOCIATES. INC.
City of Palm Desert
Freedom Park
Estimate of Probable Construction Cost
Updated: April 15, 2005
1 MOBILIZA710N
Conhactors Mobii�zauon (�nciutl�ng pertn�ts and
2 temPorary services) - Assume 2% ol Budget •/-
TEMPORARY FACILITIES AND UTILITIES
Temporary Construc6on Fencing (Assumes
3 pertnanent lencinq onlySee Below)
1 Allow 2°.G S 127.732 09
1.600 LF S 150 S 2.40000
Sub-Total
GRADING and EARTHWORK
4 Earthwork. Cut
5 EaAhwork, Fill
6 Earthwork.lmpoh
7 Temporary Eros�on Conhol
19.000 CY $ 3 00 S 57.000 00
29.000 CY S 6 00 S 174.000 p0
10.000 CY S 12 00 S 120.000 00
i LS S 20,000 00 5 20.000 00
Sub-Totah
I DRAINAGE
� 8 21" RCP
I 9 18" HDPE
I 10 12' HDPE
� 11 8" HDPE
I12 6" HDPE
�3 12" X 12" X 6" HDPE Tee
14 12" X 12" HDPE Elbow
15 8"X B'X6"HDPETee
� 16 6' X 6' HDPE Elbow
I� 7 Concrete HeadwaivDra�nape Swcture
I18 24' X 24" Atls Catch Basin Inlet
79 18" X 18" Brooks Products Catch Bamn w/ Grate
I 20 6" Atnum/Grate Iniet NDS W80 (qreen)
�
I 21 Catch Basms 14' long - Counby Club Dnve
I 22 Catch Basins T lonq - Park�ng Lot
I 23 ADS 4240WOU
24 Local Dee�ess�on
25 Junc�on ShucNre
26 R�p-Ra� Solash Pad
I 27 Dlnvell
I SEWAGE
I 28 8" Main Line
I 29 6' Lateral Line
I 30 48" San�tary mannole on-s�te
I 31 Connect to ex�shnp manhole
I Sub-7otal
I
I DOMESTIC WATER IMPROVEMENTS
I 32 6" Main Line
I 33 Fue Hytlrants
I 34 6' Valve
� 35 6' 45° EIDow
I 36 6' 7ee
I Buildina Supplv
� 37 Detecto� Check
I 38 1' Senice
I 39 2' Serv�ce
I 40 4' Fve Sernce
I Sub-Total
I
I ARCHITECTURE
� 41 Install reshoom� concession buildinq
� 42 Install reshoom buddinq
I Sub-Total
I
I ELECTRICAL
I 43 Baseball F�eld kt
I 44 Baseball F�e10 f11
I 45 Volleyball Courts
46 Tennis Courts
47 Basketball Courts
I 48 Soccer F�eid
� 49 WalkwaY Lighpnq SVstem
� 50 LandsCaDe Liqhhnq
I 51 Entry Star LiQhdng
I 52 Parkinp Lot
I 53 Ma�n Electncal Serv�ce
I 54 Wiieless LiqhOng Control Svstem b Equipment
� 55 M�sc
43 LF !
883 LF !
399 LF !
152 LF ;
138 LF !
1 EA !
1 EA ;
1 EA :
1 EA !
2 EA !
1 EA !
7 EA ;
13 EA :
1 EA !
4 EA :
1 EA !
5 EA !
1 EA !
1 EA !
7 EA !
2.48 LF !
20 LF !
T EA !
1 EA ',
i
S 130,132.09 �
I
f 371,000.00
I
S 318,140.00
� 60 00 S
45 00 f
40 00 S
35 00 S
30 00 S
300 00 5
Zeo 0o s
230 00 5
18000 S
, � 5.000 00 5
750 00 S
500 00 S
200 00 S
5.500 00 S
4.200 00 S
� t 3.000 00 5
2.000 00 5
4.000 00 S
3,000 00 E
� 2.800 00 E
� 60 00 S
� 35 00 S
� 3.500 00 S
� 2.500 00 S
2.580 00
39.735 00
15.960 00
5.320 00
4.140 00
300 W
280 00
230 00
180 00
30,000 00
750 00
3,500 00
2,600 00
5,500 00
16.800 00
13.000 00
10.000 00
4.000 00
3.000 00
19.600 00
148 980 00
7.000 00
24.500 00
2 500 00
1,760 LF f50 00 S
2 EA 53.000 00 S
7 EA S 1.250 00 5
3 EA S 350 00 5
1 EA S 600 00 S
2 EA 54.50000 5
2 EA a 500 00 5
1J EA S 800.00 S
1 EA S 7.50000 f
88 000 00
6.000 00
8.750 00
1.050 00
600 00
9.000 00 �
1,000 00
800 00
7.500 00
S 116,700.00
2.300 SF 5 297 00 S 683,100 00
750 SF 5 362 00 S 271,500 00
S 951.600.00
1f LS S 198.000 00 S
1� LS S 198.000 00 S
t� �S S 56.000 00 5
1� L S S 56.000 00 S
1 LS S 85.000 00 S
1 L S S 188.000 00 E
1 L S S 180.000 00 5
1 LS S 25.00000 S
1 LS S 13,000 00 S
1� LS S 45.00000 E
1� LS 5 32.00000 S
11 LS S 8.00000 5
11 LS S 15.000 00 S
Page 7 of 3
198 _000 00
198.000 00
56.000 00
56.000 00
85.000 00
188.000 00
180.000 00
25.000 00
13.000 00
45,000 00
32.000 00
8.000 00
15.000 00
�
i
DAVID EVANS AND ASSOCIATES. INC.
� Sub-TotaY
I PARK AMENITIES
I 56 Fum�sh b �nstall basketball court w/ too COat CAlor
� 57 Fumish 8 install post tension tennis court
58 Fum�sh B �nstau voilevball court sand
59 Fumish d, install vollevball court conaete curb
60 Fumish 8 �nstall vonevball Dosts� nets. and lasteners
61 Fumish 8 install �ound eicnic tables
62 Fumish 8 install ADA Picroc Tables
63 Fumish 8 install trash receDtacle
64 Fumish & install 12' hiph ch8inlink fCnce
65 Fum�sh 8 �nstau 42" �nN coated cha�n hnk lence
Install 4' naNral g�ey. stamped concrete at skate nOtle
66
Fum�sh 8 �nstall 6" th�ck. re�nlorced. naNrai gray
g7 concrete paving with hght broom �inish
IFumish a mstall 4' thick grey conaete pahng with hgh�
68 broam firnsh
I 69 Install 4" ihick concrete w/ medium sandblast finish I
70 Install 4" th�ck colaetl conaete I
7 t I instau �rnenock�nq pavers I
72 IFumish 8 �nstall bleachers I
73 IFumish & install D�ay8r5 bBnch �
I 74 I�nstall concrete counte� at score keeoin� booth I
I 75 IFumish 8 install bnCkdust �
I 76 I Fumish & mstall 4' hiah tubula� steel lence I
I 77 IFum�sh 8 �nstall 5' wntle x 6' tall tubular steel Qate I
I 78 IFumish d install 3' wntle x 4' tall fubular stCCl Qate I
I 79 (Furnish d install 6' hi0h tubular stcel fence �
�Fumish S install 6' high tubular steel gate @ dog run �
8� I
81 IFum�sh 3 �nstall 6' h�yh tubular steei OuarO ra�l
82 IFum�sh 3 �nstall 42" hiah Nbular steel quartl ra�l I
I 83 IFumish d install kiosk I
II instau 5' cast m place reta�n�ng wau (refer to eng�neers I
84 olanl
I 85 IFum�sh d �nstall steel hand rad at stairs/ramo I
I 86 IFumiSh & inslall concrete steDs I
I 87 IFum�sh & �nstall oedesfian access ramo I
I 88 IFumish 8 install walls at pedesman access ramo I
I 89 IFumish 8 install tlnnkino fountaiNsumo I
I 90 I Fum�sh d �nstali oiav eoupment I
1 91 IFum�sh d install i2' deoth wood fiber suAaana I
IIFumish 3 install poured m place rubber suAaang @ I
92 foaqna area w/ conaete base
I 93 IAC Pavement I
Fumish 8 install 3" depM ol mfield m�a at pitcher wartn
I 94 I up area t6809 sfl I
I 95 IFumish d instau 24" h�oh concrete seat wau I
I 96 I Fumish d install concrete curb 8 autter I
I 97 I Fumish 8 install concrete curb onlv I
I 98 I Fumish & install 18" hiah danter beds I
I 99 I Fumish 6 install oicrnc shelter LOCT 281 I
I 1001 Fumish d install o�cn�c shelter IOC7 201 I
I 1011 Fumish 8 install eicnic Sh2lter misAnO system I
I 1021Fum�sh 8 �nstall foaaina system I
I 103IFumiS� 8 install �8ndicaD earkinq sian I
I 1p41Fumish 8 install BBQ (smalel I
I 1051 FumiS� d in5t811 BB� IOrouO 9nll) I
� 1061 Fumish d install bike rack I
I 107IFumish 6 install doa waste AisDenser I
� 108�Fumish d install 11aq pole �
Fum�sh d �nstau 8' concrete mow curo untler fenc�ng
109 I
I 1101 Fumish d install 6' concrete mow curb I
I 1111Fumish & install tloq tlnnkina fountain I
I 1121 Fum�sh 8 �nstall courNard shade canooies I
I 1131 Fum�sh 8 install Qlav area shade canooies I
I 114I Fumish d install 6' hnvl coatetl chainlink lence �
I 1151Fum�sh 8 install �lav a�ea shade canoo�es I
I 1161 Fumish S install 8' h�qh c�ainlink fence I
I� 171 Fumish 6 install 6' hioh chainlink fence I
� 118 Fumish d install iron tree arate �
119 Fum�sh 3 install conaete hee arate I
120 Fumish 8 install entry si�n I
121 Fum�sh 8 install 12' h�ah conc�ete seat wall I
122 Fum�sh S installportable skate oark eauioment I
I 123 Fumish 6 install 6' oatnodc bench w/ back I
124 Fumish 8 install 6' Datnotic benCh w/out baCk
125 Santldast Stars iMo Concrete �
I 126 Fumish d install olav area acCBss ramo
I 727 Fumish 8 install baseball backstoos
I 128fFum�sh 8 install bat racks I
12.60� SF f
5.566 SF S
sa CY S
476 LF S
2 EA S
12 EA b
30 EA S
31 EA S
470 LF S
104 LF s
10U SF S
9.2t7 SF b
101.503
5.09
3.86
5.02
2
78
37
2
�
8351
37q
173�
3061
+a
5591
140�
2981
32q
1621
21
�I
2451
3.09�
74.1351
631
1961
63q
1.4321
396►
�
21
21
11
61
51
31
11
11
2I
1,507I
2.452
1
i
t
871
1
823
34�
21
2
851
�I
331
8�
Sd
21
21
�
SF S
SF
SF S
sF a
EA
EA $
EA S
TN S
LF � �
EA If
EA I S
LF I S
LF I S
LF I S
LF I S
EA 1 S
LF I S
LF I S
LF I S
SF I S
LF I S
EA i a
LS I S
CY I S
SF I S
SF I S
CY I S
LF J S
LF 1 �
LF I S
LF I S
EA S
EA S
EA I S
LS 1 S
EA I S
EA I S
EA If
EA I �
EA I S
EA I S
LF I S
LF � §
EA I §
LS I S
LS I S
LF I S
LS I §
LF I b
LF I S
EA I E
EA I S
EA I 5
LF I S
LS I S
EA I S
EA I 5
EA I S
EA I S
EA I S
EA I S
i 6 00 5 201.600 00
18 00 S 100.188 00
1 B 00 S 1.152 00
100 p0 5 47.600 00
1.500 00 S 3.000 00
1.?00 00 5 13,200 00
1 100 p0 E 33.000 00
1,000.00 a 31.00000
36 00 S 16.920 00
22 00 S 2.288 00
10 00 S 1.000 00
8 00 S
10 00 f
11 00 S
�zoo s
3.000 00 S
500 00 S
� 200 00 S
41001 S
60 00 I 3
300 00 I S
200 00 I S
75 00 I 5
11500I S
�20001 S
60 00 I S
2,t00ool S
260 00 I £
60 0o I S
85 00 I S
15001 S
135 00 I S
3,200 00 I S
130.000 00 I S
35 00 I S
1900I S
2 50 I S
59 34 I S
180 00 I S
1 a 00 I S
� 6 00 I S
100 0o I S
28.210 00 I S
20.3a0.00 I 5
8.000 00 I b
i5.0oo 0o I S
250 00 I S
2.ioo 0o I S
2.508 00 I S
1.700 00 I S
1.000 00 I f
2.sao 0o I S
1800I S
15001 S
4.455 00 I S
56 000 00 I S
55.000 00 I S
25 00 I S
25.612 00 I S
26 00 I S
24 00 I f
950 00 I S
�00 00 I S
8.000 0o I S
t 50 0o I S
17 ;800 00 I S
1.80p 00 I S
t .800 00 I S
100 00 I S
t .500 00 I S
9.000 0o I S
eoo 0o I S
1100 S 101,38700
Page 2 of 3
812.024 00
50.920 00
42.559 00
60.312 00
12.000 00
4.000 p0
2,aoo 00
32,267 00
22.500 00
600 00
400 00 !
62.625 00
42.550 00
20,760 00
18.360 00 _
21.000 00
145.340.00 _
8,400 00
25.330 00
4.800.00
21.8I0 00
6,400 00 _
130.000 00 _
8,575 00 _
58.862 00 _
185.337 50 _
3,73842 _
35,280 00 _
8,820 00 _
z2.912 00 _
39.600 00
84.630 00 _
40.680 00 _
16.000 00 _
15.000 00
t .500 00
10.500 00
7.524 00 _
1.70000 _
1,000 00
4.760 00
27.126 00
36.780 00
4.455 00
56.000 00
55,000 00
21�775 00
25.612 00
21,398 00
8.280 00
5.700 00
14.700 00
16.000 00
12.750 00
17,800 00
59 400 00
14,4p0 p0
5.000 00
3.000 00
1 B.000 00
2 4p0 00
S 1,099,000.00
DAVID EVANS AND ASSOCIATES. INC.
I 129 Fum�sh 8 �nstall �nfield bases/oitchiny rubbers 2 EA S 1.000 00 S
Fumish d install 12' concrete band w/ smOOth trowel
I 130 finish 291 LF S 9 50 S
I� 31 Fumish d install sumps i LS S 5,000 00 S
I 732 Fum�sh b �nstan ore-cast star shaoed seat wall 4 LS S 1.500 00 S
I Sub-Total�
I
� PLANTING and IRRIGATION
� 133 7ree 48" Box standard trunk ' 6 EA S 900 00 S
� � gq 7ree 36' Box stantlartl trunk � 81 EA S 700 00 S
� 135 Tree 24" Box stantlartl Wnk � 25C� EA � S 300 00 5
I 136I Wash�ngton�a Palm 12'-17' BTH I 29� EA � S 1,125 00 � E
I 137I��o�'��0 3-6 cane 5-6' height I 23� EA � f 325 00 � S
� 138 5 gallon 1,35 EA 5 19 00 S
� 139 1 9allon � 515� EA S 12 00 5
I 140 Fumish d install tuA I 470,192� SF E 0 90 S
t4t 2" Desert Santl tlecomoosetl aran�te (548 CVI I 8851 7N S 73 53 S
1421Fumish and install shuctural soil � 250I TN � S 44 00 I S
I Sub-Totall I I I
� I I I I
I I ACCENTS I I I I
I�431 Cresta Roia 2' bouider (731 I 11 LS I 5 8.562 90 I S
I 144 Cresfa Roia 3� bouttler (471 1 1� LS I 5 7.904 81 I S
I 145 Cresta Roia 4' boultler (411 I 11 LS I S 12.300 00 I S
I 7a6 12'-18" Cresta Roia bouider (2882 SF) � �00� 7N I S 268 25 I S
I 7a7 6"•8" Dos Rios Cobbie (3575 SF1 831 7N I S 757 32 � S
I Sub-Total� I I I
I � I I I
�rotall I I
I I I I COntinAencYl
� I I I I
I �Grond Total � I
I I I i
I I ADDITIVE ALTERNATES
I 7481 Shade strucNres at bleachers I 1J �s I E 2�.000 0o I S
� 1491 Shade stn,ctures at tluQouts I 1 LS I S 57.000 00 I S
I I Sub-TotaQ I �
I I i I
I I I I I
I I I I I
I I
I � I
I �
I I
I �
I � �
I � I I I
Page 3 of 3
2 000 00
2,764 50
5.000 00
6.000 00
If 3,087,511.42
5 400 00
56. )00 00
76.800 00
32.625 00
7 475 00
25.764 00 �
6.180 00
423.172 80
65.074 05
11.000 00
f 699,190.85
8.562 90 �
7.904 81
12 300 00 _ �
26 825 00 �
13.057 56 �
S 68,650.2� I
I
S 6,814,92�.63 �
10 00% S 684,492.46 I
I
S 7,529,417.09 �
II
27.000 00 ! �
57.000 00 �
S ea,000.00 I
I
I
I
I
I
I
I
I
� I
0 I
0
f'ZP�I] a'L��:I�l_F����l�i�1::�
City of Palm Desert
Fraedorn Puk
EstlrtaM d Prob�bfs Co�huction Cost
Updat�G: DECEMBER 26, 2005
� • • • • •
1 MOOILtZAT10N • • �
Contracton Mobil�zaUon (Inclutlirp p�rtrnK anA �
I 2 Lxnporary serv�cec) 1 Allow Z% S 163.61i 00 �
I 3 T.mgorary fs�:iliWs md Utllkl�s j
Temporary Conswceon Feneinp (S 80 IUmonN-
� d tOmonths 1.gp0 LF S 600 S 9.600.00 ' �
Sup-Total
ORADINO and EARTHWORK
S EsMwork. Cul
fi EartAwork, Fdl
7 I EaMwork.ImooA
8 � Temoorary Erosion Control
�
I
I
Sub.Totall
I I �
I I DRAINAOE
I B 12' HnPE I
I 10 8' HDPE I
I 11 I 8' HDPE �
I 12 � 38' HOPE Pios
� 13 48• CMP Pps �
I 14 6" X 6" X 6' HOPE Tes �
1151 12'X12'X6'HOPETss 1
I t8 I 12• X 12' HDPE Elbow �
I �7� �2'X B'X8'HDPETes
` 18 I 8' X 8' HDPE Elbow �
I 19 I Concnte HesdwNUDnm�as 3tructure I
I 20 I 18' X 1B' Brooks Producb Catc� Besin w/ Onb I
1211 6'AtriurtVOnalnbtND3+M80lQre�n) �
I 22 I Cetch Baams 14' lonfl - CounW Club Dmre
I 23 I CatcA 8asms 7' lono - PeAcma Lot
I 24 I 12' X 18' Clenfi�f �
I 25 I 4' Diamebr Pra Cast Riser
I 28 I 8' PCC Swchrn �
I 27 I Local Doorossion I
I 28 I Junc6on StrucNre I
I 29 I Rio-Rao Sdash PaC �
I Jo I Drvweu �
I I I
I �SEWA3E �
I 3t I 8" Mam L�ne I
� 32 I 6' Lateral Line �
I 33 I 4B' SanAary manhols on-site
I 3a I Connect to ewsOna manhole I
I I Sub-ToLll
I I I
! 1DOMl5T1C WATlR IINPROVEMENTS 1
� 35 I 6" Mam Lina �
I � I Pire HVArents
I 37 j 8' Valve I
I � � 8' 45° EI¢ow +
I 39 I 6` Tae �
I � eurar�r supory �
I � Detector Chsck
I 41 1' 9ernce
� 42 2' Service �
� 43 I 4' F�ro Service
I �
� IARCMITlCTUIl�
d4 I Insiall nstroortU concession bwlduw
45 Ilnstell rasVoom Dwld�na
I
�EL[CTRICAL
46 Baseball Field i1
� 47 Blseball Field �►2
I � volleWeu courts
� 49 Tennis Courts
I 50 Bask�tball Courts
I 51 Soccer F�eld
I 52 Walkway Lph6nq Svstem
� 53 Landscaoe Liahnno
I 54 EnW Ster Uandna
I SS IPerlana Lot
Sub-ToLI�
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9ub�ToL11
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19,1151
30,100�
11,000�
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CY I S
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LS � S
LF I S
LF I S
LF I S
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LF I S
EA � f
EA I s
EA I S
EA I S
EA S
EA S
EA I S
EA I S
EA I S
EA I S
EA S
EA � S
EA I s
EA I S
Fl� I S
Fl+ I S
EA I s
I
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LS � S
LS S
LS � S
�s � s
LS S
LS � S
LS i S
LS I S
�s i s
3 00 I S
6 00 I S
� 2 00 I S
20.000 00 I i
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35.00 I i
30.00 � S
8U.00 S
120 00 I S
30 00 1 S
300 00 � S
280 00 S
230 00 I S
,eo.00 i s
15.000.00 I S
500 00 I S
200.00 I S
5,50000 I S
4.200 00 I S
70.000.00 I i
1.000.00 I S
3.500 00 I S
2.000 00 I S
4.000 00 1 S
3.000 00 I S
2.800 00 I S
I
I
60 00 I i
35 00 S
3.500 00 S
z.soo.00 � s
I
S50 00 I S
53.000 OQ � S
1.25000 S
350 00 � S
eoo 0o i s
Sd.500 00 � S
500 00 I S
e00.00 � i
1.500 00 � S
I
I
297 00 I S
382 0o I S
I
I
I
198.000 00 S
198 000 00 � S
56.000 00 1 S
56.000 00 I S
85,000 00 � S
188.000 00 I S
teo.00000 I S
25.000 00 I S
13 _000 00 I S
45 000 00 I S
i
57.345 00
180.600.00
132.000 00
20.000 00
i
15.9G000 d
5.320 00 p
32.250 00
29.600 00
75.000 00 .
60 a0
300.00
2B0 00 �
230 00
�zo.00 r
30.000.00 1
3.500 00 �
4.000 00
11,000 00
16.800.00
70.000.0p
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7.000.00
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2.500 00
88.000.00 �
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se3.�oo 00 �
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56.000 00 :
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168.000 00
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t 3.000 00 �
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� t � a � � : �.
I 58 M�in Electrical Servioe
I 57 WirWst Lwhona Cor�trol S1sLem 8 Eauiortient I
I 58 M1sc
I suaTelall
I !
I I PARK ANlNITIEs I
I 59 I Fumish 3 msLNl basJ�fb�ll oourt Nd top awt cda I
I 80 I Fumish 3 im,iall Qost bnsan Lennk w/ color aoat I
I 61 IFumish 6 insmll 4" rwwral orati oonc. wlLoo coet i
I� I Fumish 6 Irx�ll vd1aW�11 oourt wnd I
I 63 I FumrsA 3 msdll volkvball court oor�eEs curb I
�64 I Fumich 8 irntall vdl�b�ll oosb. nols, arW facEw�c I
� I Fumish 8 ir�ll round Picnic Tablsc I
I 86 I FumsA E iraLll reclrrquler Picnic Tabbs I
I 87 1 Fum�sh 8 inshll trtsh rsoeodclo I
I 88 I Fumich b�rshll 17 chainlink fenos I
��� Fum�sn a+r�swi wmd screen n o.nnx oouns i
I 70 Fumish 8 inctall 17 chainhnk (enoe at basebell I
II FumKh 3 inqall 47 vinyl owbd C l hnca at bnnla I
71
In�ll 4' natural 9rry. stampetl ca�aO� at slopt nods
72
Fumiah E mstall fi" C�idc, reinfqced. nahual yray
73 concreEe p�vinp with hpM broom fini�h
( Fumish 8 insfall 4" thidc prey caners0e pavuq w/ t
� 74 *endWastMish I
IFumieh 8 install 4• thick yrey cancrete pavinp wMh IipM I
75 broom MnA
I 76 I Instell 4" thick cdo�d concre0e I
I 77 �Irutdl interfockirlpparas I
u
I 7B � Fumsh 3 irqtall Dk�cthrs �
I 79 FumisA 6 imWl o1�Crxs bench �
� eo u�mn �or+crab oour�b. ac.ow. ke�„�q boon, ,
I 81 IFumish d�rwtall 8' hioh tubul�r sLaN aafetv fmcirw I
I 82 I Fumish 3 mW118' ��ph hibulv s0�d doo run fw�c� I
� 83 Fumith 6 msdll 4' x 8' Wbulsr sbN doc run �tes I
1 8�1 � Fumith 6 irpLdl 5' wWs x G Etll Wbulv s4M aapn I
IIFumish 3 inWll 8' h�ph tubulv cbsl fencb � puden 3+
85 beans �
I�Fumish 8 ir�ll 8' x 8' Lrbuler smsl p�Les et hes+rn I
es
I 87 I Fumish 3 ir�4115' x 8' hibulu sbN oa6a a[ p�rden �
I 88 IFumich 8 ir�ll posk �
I� I�n� I 5 cast in plxe rehimrp w�ll (refer to enpimera �
� 90 � Fumish 3 ir�sbll steel h�rW rad rt s�ira/ramn �
� 91 IFumish 3 indall �sOs aLspt �
I 92 lFumrah 8 u�ll o�destrian acoesc rama I
I 93 +Fumieh d insbll v�lk rt wd�Wl�n �ccass r�mo I
I 9r tFumish 8 inspsll dnnlona fourReiNwmo I
I 95 IFumish 3 ini0allyky eouprtierK I
I 96 FumisA � insfall 1? cieoth wood fiDsr surl�cir� �
Fumish 3 uisLll pourod m plece rubber surfacinp Q
97 ina aiea w/ cawreEs b�ss
98 AC PavertierK I
II Fumiih 8 iratall deplh d Irfisld ma et belMislds i
99
I t oo I Fumiah s insm�� 2a• hian oorKxses se.t wa�� i
I 101 iFumith 6 iro�ll oor�CnOe qub 6 puf6x I
I 1021 Fumish 8 u�s0ell ooncxe0e curb anN I
I 1031Fumish R insLell 18' hich ol�rro� beds I
I 1041 Fum�sh 8 irsLllyicnic shelEx (OCT 281 I
I 1051 Fumiah 8 iruhll pcn�c st�elb� fOCT 20) I
I 1061 Fumish 3 insfall Qicnic shelEx mrtina svaLxn I
I 107I Fumish 3 iretall toqpirq sysbm �
� 10BIFumish & inshll Aandicao wrlcnn sian I
I 109IFumiSh 8 insfall BB� (suiak) I
�t10�Fum�A 6 i�0ell 88Q (prouD anlll I
111 I Fumish 8 iramll bilas rack �
� 112�F�man a imfan aoa w�sts aisoa,ser
I 1131Fumich 8 inshll fla4 pole �
I 1141 FumiSh 8 ins0all 8' concrs0e mow curb I
115 Fumish 8 msfall doa drinldna fouMain I
116 Fumish 6 ir�ll caurtrard sAatfe cenopies �
117 Fumish � incmll QWY arM vfeNinp slyds anodes 1
I 118 Fumish 6 inWl18'vinH caEed cMlnlmk fence �
� 119 Fumish 8 i�ll der area slrcfs c�raoi�s i
I 120 Fumish R irx�ll B' hiyh ch�inlink fencs I
121 Fumich 8 iroEell 8' hph chamlink tence
122 FumY51i d Insfall iron tree praEO �
I 173 Fumich 8 insmll entry aqn I
� 12I I Fumieh 3 ir�Ull 17 hwh oonchE� s�t v�ll I
I 1251 Fumrsh 8 ir�ll oaLbla skaDe p�rk equiprnerK �
tl
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5 _588�
7,9Q2�
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251
311
470�
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9,71
1.73
94.04�
3,47
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3,OB8�
74,136�
861I
1981
1�
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3,385�
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LS S 32�000.00 S
LS S 8`000.00 S
lS S 15.000.00 S
SF S
SF S
SF S
cr � s
LF I S
EA I S
EA S
EA � S
FA I S
l.F ! S
LS S
lF S
LF S
SF S
SF I S
18 00 S
23.OD S
13.OD � S
�sao i s
100 00 I S
1 _500.00 I S
1.10000 � S
1.100 00 S
1.000.00 I S
4o.ao I S
e.,00.ao s
�O.OD S
22 00 I S
10.00 I S
11.00 I S
�
IS
IS
IS
IS
is
�_
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!S
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is
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s
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SF
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lF
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EA
EA
LF
ea
FA
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LS
CY
SF
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10.0o I 3
B.�IS
1000�5
120D S
3.000.00 I S
sao.00 i s
1.200.00 I S
90.00 I S
115 00 I S
700.00 I S
800 OD I S
85.00 ! S
eso 00 � s
70o ao I S
2,100 00 I S
260.0o I i
eo.00 i s
86 0o I S
12.00 1 3
135.00 3
3,200.OD � S
130.000.00 I S
3s.00 i s
�e.ao i s
z.so i s
80.00 � S
t 90.0p I S
14.00 � S
1 B.00 I S
100.00 t
28`210 00 S
20.310 00 I S
7 _500.00 I S
15`000.00 I S
xso 0o i s
2,100.00 � S
2�508.00 i
�L�ao.00 i s
i �200.00 I S
2.380 00 I S
�zoois
4`�56 00 I S
Sb`000.00 � S
,a,sso.00 s
25.00 S
25,61200 � S
ao 0oIs
zs oo I s
t `�D0.00 I S
B _000 00 � S
t50.00 S
,9,0000o i s
P.oe2ora
3Z`000.00
8`000.00
15.000.00
i 1AM.600.00
?26`800.00
128 018.00
1Q2.T2�B.OD
1.152.00
�� eoo.00 �
3,000 00
13`200.00
27.500.00
31.000 00
18.800.00
s.�oo.00
12.600 00
1.760.00
1.000.00
106.832 00
Q.370.00 �
752 _336.00
31 _700 00
88.592.00
12.0OO.OD
�.-000.ao
2�00.00
15,570.00 �
�2.560.00 �
1 _I00.00
1,800.00
41,310.00
3`4ao.ao �
700.00
21.000 00 .
,.�.�� �
8 _I00 00
25�330 00
3,840.00
21.870.00
8tir00 OU .
130.000.00
8.575.00
ss.es2 00 �
186.337.50 �
3B`660.00
35.280.00
8ti820.00 �
72,91200 �
3B`E00.00
84.630 00
�0 880.00
15 000.00 �
15L000 00
�.sao.00
10.500.00
7�524 OD
t,�oo.00
1.100.00 _
4�760.00 :
�o.szo.00
4,156.00
56 _000 00
t9 9BO.OD
21 `775.00 �
z� s�2.00 �
24.980.00
8.825.00
32`�00.00
16`000.00 �
12 750 00
�e.000001
DAVID EVANS AND ASSOCIATES. INC.
� 28 Fum�sh R mstall 6' bench wl back 22 EA S 1.800 00 S
127 Fumish 3 instell 6' bench w/o bsck 14 EA S 1,800 00 S
128 Sendblait Stars iMo Conerete 50 EA S t00 00 S
I 129 Fum�sA 6 insull play usa acceu ramp 2 EA f 1.000 00 S
I 130 Fum�sh 3 msLll baseball backstops 2 EA S 9.0OO.OQ S
I 131 Fumish 8 instau bat racks < EA S 500 00 S
� 132 Fum�sh 8 instell mfiNd basesiprtchmn rubbsrs 2 EA S t.000 00 S
1 133 Fumish d install 12' concrete curb 1.867 LF S 16 00 S
134 Fumish 6 insbll tras� enclosure 1 LS S 16.000 00 S
I 135 Fumish 8 mstall sumps 1 LS S 5.000 00 S
I 138 Fumish 8 mstall perkuq lot sOnp�rq 2.879 LF S 1 00 S
I 137 Furtush d �nsUll oro-east star shaped seat wall 1 L3 S 1.500.00 S
I Sub-Total
I
PunnHo
139 WeetlAbelement 585,128 SF S 002 S
� � 3g Sod Prep and Fme (3radmp Sg5.128 SF S 0 07 S
� 140 � Day Mamts�ancs dunrp p1aM estaWiahment Sg5,128 SF S 0 03 S
� 141 Troe 48' Box standard trunk 6 EA S 900 00 f
� 142 T� �' Boz standarC wnk , 83 EA S 700.00 S
� 143 Tree 21' Box aGndard tnmk + 251 EA S 300 00 S
� 1qq � Medrtertansan Fan Palm 8'-8' rtwlG I 5 EA S 7.500 00 S
I 145I Was�inptoma Palm 12'-17' BTH � 31 EA f 1.125 00 S
I 148I ��6110 3$ cane 5-6' hsipht � Z� Ejq S 40p 00 S
I 1d7I5 pallon � �,za � s �s oo s
� 148 5 pellon wne � 15A Eq S 23.00 S
� 149 1 pallon 1.21� EA S 12.00 � S
I 1501 Fum�sh a instrll WA � <72,0231 SF S 0.90 I S
�51 n s nits (548 CY) �I TN S 73.53 I S
152 Fumis� end instatl soil at comrtwnnv oarCa� � 4bl CY S 41 00 I S
153�Fumish and install struc�al sod 250� TN S 44.00 I S
I Sub-Total I I
�IRRIOATION � I � I
I154 7urflmoahon d72.023� SF f 150 S
I 155 � Shrub Area Point to Pomt DnD Irtqa6on � 93.105I SF � S 2 00 � S
J t5611-1i7' Water MaOsr I 1� EA I S 10.100 00 f
I 15718ack11ow Preventer I 1� EA I S 1.000 00 I S
I 15812' Water AAeter I 4 EA I S 15.358.00 I S
I �591Calssnse ImqaUan Cartrdlers I 61 EA I S 70.000 00 I S
I 1601CammunUy Garesn Imaacon Controlkr � 11 EA I S t.10000 I S
I 161 Ilrriatlon Boosror Pumo'A' 11 EA I S 15.000 00 I S
� 162 Irrioaoon Boosier Pumo '8' 11 EA S 15.000.00 I S
I � Sub-Tohl� I � I
I � ACCENTS I � I �
I�63 Cresn RoN 7 bouldsr (68) I 1 LS I f 2,882.00 f
I 184 Crosta Roia 3' boulder �38) 1 LS I S 7,517 00 S
I 185� Crosn Row �' boulder (33) � 1� �g I S 40t176.00 � S
I �66 12'-18� CresG Raa bouWx �2882 SF) I i0p� TN I S 223 54 S
I 167 6'-8' Dos Rios CoDble (3575 SF) � 68� TN I S 131 10 � S
I I Sub•Total I
I � � Tohl� I �
I I 1 I I Condnwnevl
I I I I I I
I I I W�nd Total I I
I I I I I
I I AODITVE A�T�RNnTls I � I
I 1681 Shade sWcWres at bleacMrs I 1 LS S 25.00000 I S
� 169 Shade sVucWres al dupouls 1 LS S 56,000 00 S
I Sub-ToLI � �
I
I I �OarM Total wl Afbmabs �
�
I I I
� t I
I
I � I
I I I
I I I
I I I
I I
I I
I I
I I
�
39.600.00
25.200 00
5.000.00 ;
2.000 00
18.000 00 ,
2.000.00 '
2.000 00
29.8�2.00 ,
16.000.00
5,000 00
2.979.00 i
6.000.00
i J.13d,E74.S0
11.302 58 �
39.558 98 �
18.953 84
5.400 00
58.100.00
77.10p 00
37.500 00
34.815 00
9.200.00
23.617 00
3.542 00
1 d.520 00
42�.820 70
65.074.05 �
s.,,s.00 u
11.00000 �
i
Y
708.03d 50
186,210 00
10.100 00
4,000 00
81.432.00
80.000 00 e
1.100 00
15.000 00 �
15.000 00
i
634,676.11
1,Ob0.l76.b0
2.882 00
7,547 00
40,176.00 `
22,354 00
8.852 80
f Qt.H1.Q0
s e�art�eia.»
10 0096 i 0.77,2!l.b7
tl i l,410,185.26
1
�
25,000.00
56.400 00 �
I s e�,000.oa
� s 9.��.�eeaa j
1 �
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�
�
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Paqe 3 d 4
• � � �.�. �.� ' � � 1
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Pepe 4 of 4
AGREEMENT
THIS AGREEMENT is made and entered into this 9 day of March, 2006, by and
between Palm Desert Redevelopment Agency, California, hereafter called
"OWNER,"and James E. Simon Company hereinafter called °CONTRACTOR.'
RECITALS:
WITNESSETH
CONTRACTOR h$s submitted to OWNER its CONTRACTOR's Proposal for the
construction of OWNER Project,
1. Palm Desert Freedom Park , PROJECT NO. 713-00• CONTRACT NO. R21620
in strict accordance with the Contract Documents ident�ed below and OWNER has
accepted said Proposal.
2. CONTRACTOR states that it has re-examined its CONTR.ACTOR's Proposal
and found it to be conect, 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.
3. CITY'S OBLIGATIONS. For fumishing services, as specified in this
ag�eemer�t,OWNER will pay and CONTRACTOR shall receive the lump sum of
Nine Million Seven Hundred Sixtv Nine Thousand Two Hundred Seventv Six
Dollars and n0/100 17.769.276.00) plus other amounts as may be approved
through duly executed change orders as set forth in the Contract Documents and
adopted by the Palm Desert Redevelopment Agency. Method of payment shall
be as agreed upon per the submitted proposal as incorporated by this reference.
AGREEMENT:
IT IS AGREED BY THE PARTIES AS FOLLOWS:
t. Contract Documents: The entire contract consists of the following: (a) The
Notice Invitfng Sea/ed Bfds �Section 00200]; (b) The Inatructfona to Bidders
[SecGon 00300J; (c) Bld (Section OO�OOJ; (a� Bid Schedule �SecLion 00�4tOJ;
(e) The BId Guaranty Bond jSectlon 00420]; (� Non-Collusfon Aflrdavit
(Section DOd50J; (g) Ce�cation of Bidder and Quali!"rcations [Section
OU470J; (h) The Agreement [Section 00500]; (i) Uabllity and Insurance
requirements �Sect/on 00600]; (j) Special Insurance Endorsement �Secdon
00610J; (k) The Faith Perfi�rmance Bond �Section 00620]; (I) The Payment
Bond �Sectlon 00640J; (m) The Supp/ementary Conditions; (n) The
Standard Specificatfons es modffied !n other portions of the Contract
Documents; (o) The P/ans; (p) Addenda Nos. 1 throu�h 4 inclusive; (c�
The Det�erminadon of Preval/!ng Wage Ratea for Public Work; (r) Any
Change Orders issued; (s) Any addltional or supp/emental specHicat/ons,
notices, inatructions and drawings issued in accordance with the
provisions of the Contract Documents. All of sa/d Docume�ts presently in
City of Palm Desert Agreement
Freedom Park 1 Section 00500
existence arB by this neference incorporated herein as if here set forth in
full and upon the proper Issuance of their documents they shall likewise be
deemed incorporateal.
2. CONTRACTOR shall commence the woric within ten calendar days after the date
of the Notice to Proceed and will do all things necessary to construd the work
generally described in Recital No. 1 in accordance with the Contract Documents
and will complete said worlc within the public right-of-way within two hundred and
seventy (270) consecutive calendar days from the Notice to Proceed date to the
satisfaction of the OWNER's REPRESENTATIVE.
3. That the CONTRACTOR agrees to indemnify, defend, and hold harmless the
OWNER, and its officers, and employees, the ARCHITECT, CONSTRUCTION
Manager from any and all claims and losses accruing or resulting to any and all
contractors, subcontractors, material men, laborers, and any other person, firm or
corporation fumishing or supplying work, services, materials or supplies in
connection with the performance of this Agreement.
4. Attention is directed to Section 00700-6.5, "Liquidated Damages" of the Standard
Specifications and is hereby amended to the substitute the Palm Desert
Redevelopment Agency and the City of Palm Desert in place of the Agency.
Liquidated damages shall be �1500.00 dollars per calendar day of delay.
5. Should any litigation or arbitration be commenced betw�en the parties
conceming the works of improvements as referenced herein, the prevailing party
in any such litigation, being the OWNER or the CONTRACTOR, should be
entitled to a reasonable sum for attorney's fees incurred in any such litigation
relating to this Contract.
6. This Agreement shall be binding upon all parties hereto and their respective
heirs, executors, administrators, successors, and assigns.
7. CONTRACTOR shall be paid in the manner set forth in the Contract Documents
the amount of its proposal as accepted by OWNER, subject to such additions
and deductions as may be made pursuant to the Contact Documents and
applicable law.
8. Execution of the Agreement by the parties constitutes their agneement to abide
by all applicable provisions of the Califomia Labor Code; constitutes
CONTRACTOR's cert�cation 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 compensadon 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 contra,ct."
Ciry of Palm Desert Agreement
Freedom Park 2 Section 00500
IN WITNESS WHEREOF the parties hereto have executed or caused to be
executed by their duly authorized officials, this Agreement which shali be deemed an
original on the date first above written.
PALM DESERT REDEVELOPMENT
AGENCY
A Public Body, Corporate, and Politic
�
JIM FERGUSON, CHAIRMAN
ATTEST:
RACHELLE D. KLASSEN
SECRETARY
APPROVED TO FORM:
DAVID J. ERWIN, CITY ATTORNEY
JAMES E. SiMON CONSTRUCTION
(Signature to be notarized)
L•3�
CONTRACTOR
APPROVED AS CONTENT:
CARLOS L. ORTEGA
EXECUTIVE DIRECTOR
Clry of Palm Desert Agreement
Freedom Park 3 Sedion 00500
LIABILITY AND INSURANCE REQUIREMENTS
1.0 CONTRACTOR INDEMNIFICATION
Except for gross negligence or willful misconduct of an Indemnitee, the
CONTRACTOR hereby assumes liability for and agrees to defend, indemnify, protect
and hold harmless the Architect, the Redevelopment Agency and the City (hereby
referenced by Agency), its officers, agents, and employees from and against all
claims, charges, damages, demands, actions, proceeding, losses, stop notices,
costs, expenses (including counsel fees), judgements, civil fines and penalties,
liabilities of any kind or natu�e whatsoever, which may arise out of or encountered in
connection with this Agreement or the perfonnance of the Work including, but not
limited to, death of or bodily or personal injury to persons or damage to property,
including property owned by or under the care and custody of the Agency, and for
civil fines and penalties, that may arise from or be caused, in whole or in part, by any
negligent or other act or omission of CONTRACTOR, its officers, agents, employees,
or Subcont�actors including, but not limited to, liability arising from:
Any dangerous, hazardous, unsafe or defective condition of, in or on
the premises, of any nature whatsoever, which may exist by reason
of any act, omission, neglect, or any use or occupation of the
premises by the CONTRACTOR, its officers, agents, employees, or
subcontractors;
2. Any operation conducted upon or any use or occupation of the
premises by CONTRACTOR, its officers, agents, employees, or
Subcontractors under or pursuant to the provisions of this contract or
otherwise;
3. Any act, omission or negligence of CONTRACTOR, its officers,
agents, employees or Subcontractors;
4. Any failure of CONTRACTOR, its officers, agents or employees to
comply with any of the terms or conditions of this Contract or any
applicable federal, state regional, or municipal law ordinance, rule or
regutation.
The CONTRACTOR also agrees to indemnify the Agency and pay for all
damage or loss suffered by Agency inGuding, but not limited to damage or loss of
Agency property, to the extent not insured by and loss of �qency revenue from any
source, caused by or arising out of the conditions, operations, uses, occupations,
acts, omissions or negligence referred to in Sub-sections (1), (2), (3), and (4).
City of Palm Desert Liability and Insurance Requirements
Freedom Park 1 Sedion 00600
CONTRACTOR's obligations under this Section apply regardless of whether
or not such claim, charge, damage, demand, action, proceeding, loss, stop notice,
cost, expense, judgement, civil fine or penalty, or liability was caused in part or
contributed to by an Indemnitee. However, without affecting the rights of the Agency
under and provision of this agreement, CONTRACTOR shall not by �equired to
indemnify and hold harmless Agency for liability atfibutable to the active negligence
of Agency, provided such active negligence is determined by agreement between
the parties or by the findings of a court of competent jurisdiction In instances where
Agency is shown to have been actively negligent and where Agency active
negligence accounts for only a percentage of the liability involved, the obligation of
the CONTRACTOR will be for that entire portion or percentage of liability not
attributable to the active negligence of Agency.
CONTRACTOR agrees to obtain executed indemnity agreements with
provisions identical to those set forth here n this section from each and every
subcontractor or any other person or entity involved by, for, with, or on behalf of
CONTRACTOR in the performance of this agreement. In the event that
CONTRACTOR fails to obtain such indemnity obligations from others as required
here, CONTRACTOR agrees to by fully responsibly according to the terms of this
section.
Failure of Agency to monitor compliance with these requirements imposes no
additional obligations on Agency and will in no way act as a waiver of any rights
hereunder. This obligation to indemnify and defend Agency as set forth here is
binding on the successors, assigns or heirs of CONTRACTOR and shall survive the
termination of this agreement or this section.
This Indemnity shall survive termination of the Agreement or Final Payment
hereunde�. This Indemnity is in addition to any other rights or remedies that the
Indemnitees may have under the law or under any other Contract Documents or
Agreements. In the event of any claim or demand made against any party which is
entitted to bye indemnifisd hereunder, Agency may, in its sole discretion, reserve,
retain or apply any monies to the CONTRACTOR under this Agreement for the
purpose of resolving such Gaims; provided, however, Agency may release such
funds if the CONTRACTOR provides Agency with reasonable assurance of
protection of the Indemnitees' interests. Agency shall, in its sole discretion,
determining whether such assurances are reasonable.
CONTRACTOR shall indemnify and hold harmless AGENCY, Agency
Council members, AGENCY's engineer and their consultants and each of
their officials, directors, officers, agents and employees from and against all
liability, claims, damages, losses, expenses and other costs, including costs
for defense and attomeys' fees arising out of or resulting from or in
connection with all matters affecting the design or construction of the work,
both on and off the job site, and during and after completion. This, provided
any of the above is: (1) attributable to bodity injury, sickness, disease or
death, or to injury to o� destruction of property (other than the work itselfl
including the loss of use �esulting therefrom, and (2) caused in whole or in
part by any act or omission of CONTRACTOR, CONTRACTOR'S engineer,
any subcontractor, any supplier, anyone directly or indirectly employed by
any of them or anyone for whose acts or omissions any of them may be
City of Palm Desert Liability and Insurance Requirements
Freedom Partc 2 Sedion 00600
liable. All of this regardless of whether or not is caused in part by any act or
omission (active, passive or comparative negligence inGuded) of a party
indemnified hereunder. Said indemnification and agreement to hold
harmless shall extend to injuries to persons and damages to or taking of
property resulting ftom all matters affecting the design or construction of said
improvements or the diversion of waters or from all matters affecting the
design or construction or maintenance of drainage systems, streets and
other improvements. Acceptance of these improvements by AGENCY shall
not constitute an assumption by AGENCY of any responsibility for such
damage or taking. As to any and all claims against the indemnfied parties
by any employee of CONTRACTOR, any contractor, any subcontractor, any
supplier, anyone directly or indirectly employed by any of them or anyone for
whose acts any of them may be liable, the indemnity obligations hereunder
shall not be limited in any way by any limitation on the amount or type of
damages, compensation or benefits payable by or for the CONTRACTOR,
subcontractor, supplier or othe� person under worlcers' compensation acts,
disability benefit acts or other employee acts.
CONTRACTOR shall also indemnify and hold harmless AGENCY, Agency
Board Members, CITY's engineer, and their consultants, and each of their
officials, directors, officers, employees and agents from and against all
losses, expenses, damages (including damages to the woric itsef�, attomey's
fees and other costs, including costs of defense, which any of them may
incur both during and after completion with respect to any latent defiaency in
all matters affecting the design, specifications, surveying, planning,
supervision, observation or construction of the improvements refeRed to
herein or any injury to a person or property, real or personal, as a result of
any such latent portions of the work which AGENCY reasonably suspects
may also be defective by reason of known defects in the woric or other work
performed by CONTRACTOR or CONTRACTOR's subcontractors, or
suppliers or designed by their representatives. Provisions of this paragraph
shall remain in effect ten (10) years following acceptance of improvements by
the AGENCY. Nothing contained herein shall limit AGENCY's remedies
pursuant to Code of Civil Procedure, Section 337.15.
2.0 INSURANCE REQUIREMENTS
2.1 General
After award of Contract, the Contractor shall promptly obtain, at its own expense, all
the insurance required by Section 00600-2.1-2.6, Insurance Reauirements, and
shall submit coverage verification for review and approval by the Owner prior io the
execution of the Contract.
7he Notice to Proceed with the Work under this Contract will not be issued, and the
Contractor shall not commence the Work, until the Owner has approved such
insurance. The Contractor shall not allow any subcontractors to commence the
Work on its subcontract unbl all similar insurance required of the subcontracto� has
been obtained and verified by Contractor. Such insurance shall remain in full force
and effect at all times during the prosecution of the Work and untii the final
completion and acceptance thereof.
City of Pelm Desert Liability end Insurance Requirements
Freedom Park 3 Section 00600
The Notice to Proceed dces not relieve the Contractor of the duty to obtain such
insurance as required by Section 00600-2.1-2.6, Insurance Reauire�nents.
2.2
2.3
Commercis�l General Liability Policy
The Contractor shall take out and maintain during the life of the Contract, a
Commercial General Liability Policy, on an occu�rence basis, with a minimum limit of
not less than One Million Dollars ($1,000,000) combined single limit for bodily injury
and property damage for any one occurrence and a Two Million Dollar ($2,000,000)
annual project aggregate, for all of the following:
a.
b.
c.
d.
e.
f.
9•
Premises Opera�ons, including Explosion, Collapse and Underground (X, C,
and U) Coverage.
Completed Operations/Products, including X, C, and U Coverage.
Independent Contractors.
Blanket Contractual.
Deductible shall not exceed Five Thousand Dollars ($5,000).
Personal injury.
Per project general aggregate endorsement.
Commercial Business Auto Policv
The Contractor shall take out and maintain during the life of this Contract a
Commercial Business Auto Policy, on an occurrence basis, with a minimum amount
of not less than One Million Dollars ($1,000,000) combined single limit for bodily
injury and property damage, providing at least all of the following coverage's:
a.
�
c.
Coverage's shall be applicable to any and all leased, owned, hired, or
non-owned vehicles used in pursuit of any of the activities associated with
this Contract.
Any and all mobile equipment, including cranes, which are not covered
under said Comrr�ercial Business Auto Policy shall have said coverage
provided for under the Commercial General Liability Policy.
Deductible shall not exceed Five Thousand Dollars ($5,000).
City oi Palm Desert Liability and Insurance Requirements
Freedom Park 4 Section 00600
2.4 Workers' Compensation Insurance
The Contractor shall take out and maintain during the life of the Contract, Worker's
Compensation and Empioyers' Liability insurance providing coverage for any and all
employees of Contractor:
a. The required policy shall provide coverage for Workers' Compensation
(Coverage A).
b. This policy shall provide coverage for One Million Dollars ($1,000,000) each
accident. One Million Dollars (S 1,000,000) for empbyee and One Mitlion
Dollars ($ 1,000,000) for employers' liability.
c. The policy shall include a waiver of subrogation in favor of the Ovmer.
2.5 Builder's Risk Insurance
2.5.1 Standard Cover�ge - The Contractor shall cause to be taken out, and maintain in
the name of the Owner and the Contractor, subcontractors and material persons as
their may appear until final completion and acceptance of the project, Special Form
(Course of Construction) Builder's Risk Insurance including but not limited to
coverage against bss of damage to the project by fire, lightning, wind, hail, aircraft,
riot, vehicle damage, explosion, smoke, falling objects, vandalism, malicious
mischief, collapse, and other such hazards as are normally covered by such
coverage. Such insurance shall be in an amount equal to the replacement cost
(without deduction for depreciation and subject to stipulated value in lieu of average
clause) of all construction constituting any part of the work, excluding the cost of
excavations, of grading and filling of the land, and except that such insurance may
be subject to deductible clauses not to exceed $10,000 for any one loss. Such
insurance will not cover loss or damage to the Contractors equipment, scaf6olding or
other materials not to be consumed in the construction of the project.
2.5.2 Earthquake and Flood Coverage - In addition to and within the terms specified in
Paragraph 00600-2.5.1, Stan�ard Covera�, except as modified herein, earthquake
and flood insurance shall be provided. EarthQuake coverage shall be for
earthquakes equal to or less than a magnitude of 3.5 on the Richter scale.
Earthquake and flood insurance may be subject to deductible clauses not to exceed
five percent (5%) of such replacement cost for any one bss.
2.5.3 Subrogation - The Owner and Contractor hereby waive their rights of subroga�on
against each other. The Contractor shall obtain from the insurer recognition that a
waiver of subrogation endorsement for losses caused by fire or other perils to the
extent covered by this insurance are provided. Contractor shall pay any extra
premium required therefor.
2.6 GENERAL LIABILITY SPECIAL ENDORSEMENT
Refer to Section 00610 for form of WSURANCE SPECIAL EPIDORSEMENT.
City of Palm Desert Liability and Insurance Requirements
Freedom Park 5 Section 00600
2.7
2.8
2.9
CHANGES IN TERMS
The Contractor shall provide immediate written notice to the Owner of any change in
terms and conditions and/or reduction in the coverage of any nature to the insuranoe
policies. The notice shall be sent to the location identified in Section 00610-
INSURANCE SPECIAL ENDORSEMENT. The Contractor shall be obligated to pay
any extra premium for maintaining the insurance requirements specified herein.
OCUPANCY
The Owner reserves the right to occupy existing facilities under construction or to
use or occupy parts of the Woiic as provided for in Secfion 00700-3.5, Owner's
R�' ht to Use or Occu�v. Insurance policies shall not restrict or limit such use.
BIDDER SHALL EITHER:
a. Submit the completed form similar to that on Section 00610; or-
b. Submit a letter from insurance carrier stating that if awarded the Contract,
the Contractor's insurance cattier shall execute the City's Specified
Endorsement form.
""' END THIS SECTION'"'*
City of Palm Desert Liabiliry and Insurance Requirements
Freedom Park 6 Sedion 00600
INSURANCE SPECIAL ENDORSEMENT
Nofwithstending any inconsistent exp�ession rn �e policy to which this endorsement is atiached, or
in any other endoreement now or hereafter attached thereto, or made a part thereof, it is agreed
that the poticy shall and does:
InGude the Palm Desert Redevelopment Agency, the City of Palm Desert, and the ofticers
and empbyees of each as well as the Prime Designer, (David Evens 8 Associates) for
matters that are not diredly related to the design, and other projec:t-related consuftants as
additional insured's in the poliaes described on the attached Certificate of Insurance as
they may be held liable f�or injuries, death or damage to property arising out of or in
connection with the contract, executed by the named insured and the City of Palm Desert.
It is further agreed, this policy shall be primary and noncontributing with any other
insurance or self insurance program available to the Palm Desert Redevebpment Agency
and the City of Palm Desert, and indudes a severability of interest dause; and
2. Provide any general aggregate limit shall apply separately to the above subject contrad;
and
3. Provide the naming of the additional insured's as herein provided shall not affiect any
recovery to which such additional insured's would be entiUed under this policy if not
named as such additional insured's; and
4. Provide the additional insured's named herein shall not be held liable for any premium or
expense of eny nature on thls policy or any extension thereofi and
5. Provide the additional insured's named herein shall not by any reason of being so named
be considered a member of a�y mutual insurance company for any purpose whatsoever;
and
Provide the provisions of the policy shall not be charged, canceled or otherwise temtinated as to
the intereat of the additional insured's named herein without first giving thirty (30) days written
notice thereof to the General Counsel of the City of Palm Desert by certifred mail, retum receipt
requested, and addressed es follows:
General Counael
Atterkion: Inaurance Desk
City of Pakn Desert
73-510 Hiphwey 111
Pakn Desert, California 92280-2578
This endorsement is effiective , when signed
below by and Authorized representative of , a�
when iasued to Agency shall be valid and form part of Policy(ies) No.
insuring , expiring on
. and shall be in the same amount for the same coverage as the Poticy(ies) to which it is
attached.
Insurer:
ey:
Name:
Title:
(or Name of Agent or Broker)
ey:
Address:
(Signature of Authorized Represerrtative)
(If signed by other than insurer, proof of authority to bind insuror must axompany this form)
"' END THIS SECTION •'•
City of Palm Desert Insurance Special Endorsement
Freedom Park 1 Section 00610
FAITHFUL PERFORMANCE BOND
KNOW ALL PERS�NS BY THESE PRESENTS, THAT, WHEREAS, the City of Palm
Desert, hereinafter designated the "Owner," has, on March 9, 2006, awarded to
James E. Simon Company, hereinafter designated as the "Principal," a Contract for the
construction of Freedom Park, and
WHEREAS, said Principal is required under the terms of said Contract to fumish a
bond for the faithful performance of said Contract:
NOW, THEREFORE, WE, the Principal, and ,
as Surety, are held and firmly bound unto the Owner the penal sum of dollars
($ ) lawful money of the United States, for the payment of which sum well and
truly to be made, we bind ourselves, our heirs, executors, administrators, and successors,
jointly and severally, flrmly by tfiese presents.
THE CONDITION OF TH{S OBLIGATION IS SUCH, that if the above bounden
Principal, it o� its heirs, executors, administrators, successors, or assigns, shall in all things
stand to and abide by, and well and tn�ly keep and faithfully perform the covenants,
conditions, and agreements in the said contract and any alterations made as therein
provided, on it or their part to be kept and pertoRned, at the time and in the manner therein
specified, and in all respects according to their true intent and meaning, and shall indemnify
and save harmless, the Owner, its offic�rs and agents as therein stipulated, then this
obligation shall become null and void; otherwise it shall be and remain in full force and virtue.
It is acknowledged that the Contract provides for a one-year warranty period, during
which time this bond remains in full force and effect.
And the said Surery, for value received, hereby stipulates and agr+ees that no change,
extension of time, alteration, or addition to the terms of the Contract or to the work to be
performed thereunder or the specifiications accompanying the same shall, in any way, affect
its obligations on this bond, and it dces hereby waive notice of any such change, extension of
time, alteration, or addition to the terms of the Contract or to the work or to the specifications.
Said Surety hereby waives the provisions of Sections 2819 and 2845 of the Civil Code of the
State of Califomia.
iN WITNESS WHEREOF, the above bounden parGes have executed this instrument
under their seals this day of , 2006, the name and corporate seal of
each corporate party being hereto affrxed and these presents duly signed by its undersigned
representative, pursuant to authority of its goveming body.
Ciry of Palm Desert Faithiul Perfortnance Bond
Freedom Park 1 Sedion 00620
(Seal)
Principal
Signature for Principal
Title of Signatory
Surety
(Seal)
Signature for Surety
Title of Signatory
****END THIS SECTION '""
City of Palm Desert Faithtul Perfortnance Bo�d
Freedom Park 2 Sectfon 00820
PAYMENT BOND
KNOW ALL PERSONS BY THESE PRESENTS, THAT, WHEREAS, the Ciry of Palm
Desert, hereinafter designated as the "Owner," has, on March 9, 2006, awarded to
James E. Simon Company, hereinafter designated as ihe "Principai," a Contract for the
construction of Freedom Park, and
WHEREAS, said Principai is rec}uired to fumish a bond in connection and with said
Contract, providing that if said Principal, or any of it or its subconVactors shall fail to pay for
any materials, provisions, or other supplies used in, upon, for, or about the performance of
the wo�lc contracted to be done, or for any work or labor done thereon of any kind, the Surety
of this bond will pay the same to the extent hereinafter set forth:
NOW, THEREFORE, we, the Principal,and
as Surety, are held and flRnly bound unto the Owner the penal sum of
Dollars ($ ) lawful money of the United States, for the payment
of which sum well and truly to be made, we bind ourseNes, our heirs, executors,
administrators, and successors jointly and severalty, finnly by these presents.
THE CONDITION OF THIS OBLIGATION IS SUCH, that if said Principal, it or its
heirs, executors, administrators, successors, or assigns, shall fail to pay for any materiafs,
provisions, or other supplies used in, upon, for, or about the pertormance of the work
contracted to be done, or for any work or labor thereon of any kind or for amount due under
the Unemployment Insurance Act with respect to such work or labor, or for any amounis due,
or to be withhetd pursuant to Sections 18806 of the Revenue and Taxation Code of the State
of Califomia with respect to such work or labor, then said surety will pay the same in or to an
amount not exceeding the amount hereinabove set forth, and also will pay in case suit is
brought upon this bond, such reasonable attomey's fees tio the Owner as shall be fixed by the
court.
This bond shall insure to the benefit of any and atl persons, companies, and
corporations named in Section 3181 of the Civil Code of the State of Califomia so as to give a
right of action to them or their assigns in any suit brought upon this bond.
And the said Surety, for value r�eceived, hereby s6pulates and agree.s that no change,
extension of time, alteration, or addition of the terms of the Contract or to the work to be
pertormed thereunder or the specifications accompanying the same shalf, in any way, affect
its obligations of this bond, and it does hereby waive notice of any change, extension of time,
alteration, or addition to the terms of the contract or to the work or to the specifications. Said
Surety hereby waives the provisions of Sections 2819 and 2845 of the Civil Code of the State
of Califomia.
City of Palm Desert Payment Bond
Freedom Park 1 Sedion 00630
IN WITNESS WHEREOF, the above bounded parties have executed this instrument
under their seals this day of , 2006, the name and corporate seal
of each corporate party being hereto affixed and these presents duly signed by its
undersigned representative, pursuant to authority of its governing body.
Principal
(Seal)
Signature for Principal Title
Surety
(Seal)
Signature for Surety Title
*"'* END THIS SECTION ""
City of Palm Oesert Payment Bond
Freedom Park 2 Section 00630
WORKERS' COMPENSATION INSURANCE CERTIFICATE
In accordance with Califomia Labor Code Section 1861, prior to commencement of work on
the Contrdct, the Contractor shall sign and file with the Owner the fol�owing certification:
"I am aware of the provisions of Section 3700 of the Labor Code which
require every employer to be insured against liability for workers'
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."
Signature
Name of Contractor
Title
Date
•*' END THIS SECTION "'
Ciry of Palm Desert Worker's Compensation Insurance Certificate
Freedom Park 1 Sedion 00640