Paul Gardner/Eisenhower-Washington-Ave 50 Traffic Sig 84lk
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AGREEMENT
This Agreement, made and concluded this 17th day of July
1984, between the City of La Quinta, Party of the First Part, and
Paul Gardner Corporation , Contractor, Party of the Second Part,
WITNESSETH That: ARTICLE I - For and in consideration of the
payments and agreements hereinafter mentioned, to be made and
performed by the said Party of the First Part, and under the
conditions expressed in the two bonds bearing even date to these
presents and hereunto annexed, said Party of the Second Part
agrees with said Party of the First Part, at his own proper cost
and expense, to do all the work and furnish all materials, except
such as are mentioned in the specifications to be furnished by
said Party of the First Part, necessary to complete in good
workmanlike and substantial manner all of the work, for:
Installation of Traffic Signal and Street Lighting
Systems at the intersection of Eisenhower Drive
and Washington Street,
in accordance with the drawing/s, proposal, description of work.,
and special provisions therefo, and also in accordance with the
"Standard Specifications for State of California Business and Transportation
Agency (1981 Edition), at the first publication of the Invitation to Bid , and all
other codes and ordinances referred to and thereby made a part hereof..
The limits and location of said work, to be done is shown upon the
Ci ty of La Qu i n to Drawi ng/s en t i t 1 ed Traffic Signal and Street Lighting
systems at the intersection of Eisenhower Drive and Washington Street consisting
of one (1) sheet 24" x 3611, which said sheet is hereby made a part of this
contract.
ARTICLE II - Said Party of the Second Part is responsible for
furnishing all said materials and labor, furnishing and removing
all plant, temporary work, or structures, tools and equipment, and
doing all the work, contemplated and embraced in this Agreement;
also for all loss and damage arising out of the nature of the
work aforesaid, or from the action of the elements or from any
unforeseen difficulties which may arise or be encountered in the
prosecution of the work, until its acceptance by the City, and for
all risks of every description connected with the work.; also for
all expenses incurred by or in the said specifications, are
expressly stipulated to be borne by the City, and for well and
faithfully completing the work, and whole thereof, in the manner
shown and described in the said Drawing/s and Specifications and
in accordance with the requirements of the City Engineer, the
City shall pay and the contractor shall receive in full
compensation therefor, the prices for the several items named in
the Bidding Sheet of the Proposal.
ARTICLE III - The said Party of the First Part hereby promises
1
and grees with the said contractor to employ and does hereby
employ the said contractor to provide the materials and do the
work, according to the terms and conditions herein contained and
referred to for the unit prices bid, and hereby contracts to pay
the same at the time, in the manner and upon the conditions above
set forth; and the said Parties for themselves, their heirs,
executors, administrators, successors and assigns, do hereby
agree to the fulll performance of the convenants herein
contained.
ARTICLE IV - The State of California Business and Transportation
Agency ( 1981 Edition), at the first publication of the
Invitation to Bid, the plans, the special provisions and the
proposal are hereby included and made a part of this Agreement.
These documents, together with this formal Agreement and the
bidder's proposal, affidavit and bonds, constitute the contract
documents and a requirement included in one is as binding as
though included in all. It is further expressly agreed by and
between the Parties hereto that, in the event of a conflict
between one contract document and any of the other contract
documents, the document highest in precedence shall control and
supersede, in that particular, the document which is contrary to
it. The order of precedence of the contract documents is as
follows:
First - This Formal Agreement
Second - Codes
Third - Special Provisions and Plans Words Shall
Take Precedence Over Numbers)
Fourth - "Standard Specifications for State of California
Business and Transportation Agency (1981 Edition)
Fifth - Bidder's Proposal
Change Orders and supplemental agreements shall take precedence
over the contract documents.
ARTICLE V - Should it become necessary for either party to
institute arbitration or a lawsuit to enforce on
nd
conditions of this Agreement, then all costs shallofaid arbitratiterms on
awarded to the
or lawsuit, including attorney's fees,
prevailing party.
2
IN WITNESS HEREOF, the Parties to these presents have hereunto
set their hands the year and date first above written.
ATTESTS CITY OF LA QUINTA, CAALIFORNIA
BY)Zlf
ter--� /
Deputy City ClerV City Mana e
APPROVED AS TO FORM;
BY
Pity Attorney
Date July 17, 1984
CONTENTS APPROVED
BY V CJ -J� t• /
City Engineer
Date July 17, 1984
Date July 17, 1984
APPROVED BY THE CITY COUNCIL
BY No.
CONTR C ��,_ CC�Z7'J24T�vti
BY
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CITY OF IA QIIINTA
Sheet 1
Contract 5(
Date 10-29-8(
of 1 Sheet(s)
Acct. No. 4806-145-000
CONTRACT CHANGE ORDER NO.
TO: Paul Gardner Cotporation, 901 South Sultana Ave., Ontario, CA 91761
You are hereby directed to make the herein described changes from the
plans and specifications or do the following described work not included
in the plans and specifications on this contract.
DESCRIPTION: To provide free standing (Type III) electrical service in lieu of
(Type II) controller cabinet attached electrical service. Change
requested by County of Riverside Traffic Signal Maintenance Section.
COST: See attached cost work sheet.
Total increase in contract $ 606.80
Base Bid 71,540.00
Total lump sum project amt. $ 72,146.80
By reason of this
completion will be
60
Submitted by:
Rcjbqi
Approved by:
the time of
ted as follows:
Date : � —17gz&
Date:
We, the undersigned contractor, have given careful consideration to the
change proposed and hereby agree, if this proposal is approved, that we
will provide all equipment, furnish all materials, except as may be noted
above, and perform all services necessary for the work above specified, an(
will accceptas fu11 p�yment therefore the prices shown above.
Accep �atW II- 7- 66 Contractor FAO- ,5;jakt)uJg;z Q9MPV-7PJ
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CORDING REQUESTED BY:
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CITY OF LA QUINTA
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WHEN RECORDED MAIL TO:
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CITY OF LA QUINTALug
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P.U. Box 1504
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La Quinta, CA. 92253
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ATTN: CITY MANAGER
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This docum is filed at the
request of the City of La Quinta
pursuant to Section 6103 of the
Government Code. No fee is
charged therefor.
NOTICE OF COMPLETION
NOTICE IS HEREBY GIVEN by the City of La Quinta, Riverside County,
State of California, that the work known as City Project No. 84-6,
Cnnstrur.tino of Traffic Signals and Safetv Liahtino at Eisenhower Drive and
in the City of La Quinta in accordance with the terms and written Contract
dated July 17 ,19 84, between the City of La Quinta and
Paul Gardner Corporation , was completed and accepted by
the City of La Quinta on the 19th day of February , 19 85.
That the City of La Quinta, whose address is 78-105 Calle Estado,
P.O. Box 1504, La Quinta, California, 92253, is the owner of said improve-
ment work; and that said work was performed beginning August 30, 1984 ,
in the City of La Quinta.
That said work of improvement was so performed by Paul Gardner
Corporation in accordance with said written agreement dated
July 17 , 1984 , and the Drawings and Specifications which
were a part of said Contract.
This Notice of Completion is given by the City of Rancho Mirage pursuant
to the appropriate provisions of Title XV, Part IV, Division 1 of the Civil
Code of the State of California, and upon order of the City Council of the
City of La Quinta.
DATEU: February 25, 1985
CITY OF LA QUINTA
BY._� ---
Frank M.-Usher
City Manager
a
-
Minutas - City Council
Feb V 19, 1985
Page .00.
C. Council Member Bohnenberger reported regarding the annual La Quinta Firebelles
Luncheon and Fashion Show held today, and stated that they had raised over $700
and gave away over 30,door prizes which had been donated by community merchants.
Council Member Bohnenberger thanked the merchants and La Quinta Hotel for hosting
this event.
D. Mayor Cox announced that Boy Scout Troop 150 was in attendance tonight, and would
be selling tickets to their annual Scout Fair, to be held at College of the Desert
in March, 1985. Mayor Cox announced that the ticket sales would be held during a
UJ
break in the Council meeting, scheduled for later in the evening.
6. CONSENT CALENDAR
Moved by Council Member Wolff, seconded by Council Member Bohnenberger, to adopt the
Consent Calendar.
Roll Call Vote:
AYES: Council Members Allen, Bohnenberger, Pena, Wolff and Mayor Cox.
NOES: None.
ABSENT: None.
A. The Minutes of a regular meeting of the La Quinta City Council held February 5,
1985, were approved as submitted.
B. RESOLUTION NO. 85-11. A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
LA QUINTA, CALIFORNIA, APPROVING DEMANDS.
C. Final Tract Map No. 18765-2, La Quinta Hotel Tennis Villas, was accepted as
submitted.
D. Notice of Completion for Washington/Eisenhower Traffic Signal and Lighting Project;
' I
Paul Gardner Corporation, Contractor, was accepted as submitted.
Notice of Completion for street improvements associated with Washington/Eisenhower
LE.
Traffic Signal and Lighting Project, (MY Construction, Contractor, was accepted as
submitted.
7. HEARINGS
A.
The City Manager introduced a continued public hearing regarding an amendment to
the La Quinta Municipal Code to adopt various uniform codes establishing Building
and Construction regulations, and asked the Community Development Director to
present the Staff report.
The Community Development Director explained that the matter was a continued hearing
from the February 19th Council meeting, with details of the Ordinance having been
covered at the last meeting. Mr. Stevens explained that the proposed Ordinance
would adopt, with minor changes, the group of Uniform Codes designated as the 1982
Edition, with the exception of the Electric Code, which is the 1984 Edition. Mr.
Stevens further explained that adoption of these Codes is mandated by State law,
and explained modifications contained in the proposed Ordinance, i.e., 5' height
around swimming pools and clarification of language on gate controls, which would
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be incorporated into the proposed Ordinance should Council choose to adopt second
Itin'I fCR GIG
reading of the Ordinance. Mr. Stevens recommended adoption of the proposed Ordinance,
r r ., r_,,. v c
S:.FRu_A[60 C;w1c, CGP, 0. Minute
with stated modifications.
Mayor Cox opened the public hearing to public comment. There being no public
_QrAar ..o. ... f.. Rl1A C,L _. pyC,g.,a..., 85
comment, Mayor Cox closed the public hearing at 8:10 p.m.
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O J i;c ^ ly (;fi; Or
Council discussion centered around pool fencing, safety considerations, and
CiIY OF e;
appointment of members to the Appeal Board. It was Council consensus to direct
` ,,,,
staff to return to Council with appropriate names for appointment at a future
o.
meeting.
-r
The City Manager read the title of the proposed Ordinance, as follows:
ORDINANCE NO. 68. AN ORDINANCE OF THE CITY OF LA QUINTA ESTABLISHING
Data/�j j
TITLE 8 ENTITLED "BUILDING AND CONSTRUCTION",
REPEALING EXISTING BUILDING AND CONSTRUCTION, AND ADOPTING, BY REFERENCE, THE
UNIFORM ADMINISTRATIVE CODE, 1982 EDITION, PUBLISHED BY THE INTERNATIONAL CONFERENCE
OF BUILDING OFFICIALS; THE UNIFORM BUILDING CODE, 1982 EDITION, INCLUDING CERTAIN
SPECIFIED APPENDICES AND THE UNIFORM BUILDING CODE STANDARDS, PUBLISHED BY THE
INTERNATIONAL CONFERENCE OF BUILDING OFFICIALS; THE NATIONAL ELECTRIC CODE, 1984
EDITION, PUBLISHED BY THE NATIONAL FIRE PROTECTION ASSOCIATION; THE UNIFORM PLUMBING
CODE, 1982 EDITION, INCLUDING ALL APPENDICES AND THE INSTALLATION STANDARDS,
PUBLISHED BY THE INTERNATIONAL ASSOCIATION OF PLUMBING AND MECHANICAL OFFICIALS:
THE UNIFORM MECHANICAL CODE, 1982 EDITION, PUBLISHED BY THE INTERNATIONAL ASSOCIA-
TION OF PLUMBING AND MECHANICAL OFFICIALS; THE UNIFORM FIRE CODE, 1982 EDITION,
INCLUDING CERTAIN SPECIFIED APPENDICES AND THE UNIFORM FIRE CODE STANDARDS,
PUBLISHED BY THE WESTERN FIRE CHIEFS ASSOCIATION AND THE INTERNATIONAL CONFERENCE