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HomeMy WebLinkAbout12 C37040A President's Plaza Construction-Amend Design Agrmt 758-14Contract No. C37040A STAFF REPORT CITY OF PALM DESERT PUBLIC WORKS DEPARTMENT MEETING DATE: March 11, 2021 PREPARED BY: Randy Bowman, Senior Project Manager REQUEST: Authorize the award of Contract No. C37040A to H & H General Contractors, Inc. of Highland, California for President’s Plaza East and West Improvements (Project No. 758-14) in the total amount of $7,123,393.00. ___________________________________________________________________________ Recommendation By Minute Motion: 1) Authorize the award of Contract No. C37040A to H & H General Contractors, Inc. of Highland, California for President’s Plaza East and West Improvements (Project No. 758-14) in the total amount of $7,123,393.00; 2) Authorize the Director of Finance to set aside 10% contingency for unforeseen conditions in the amount of $712,339.00; 3) Authorize the City Manager or designee to review and approve written requests for the use of the contingency for unforeseen conditions up to the contingency amount; 4) Approve Amendment No. 2 to Contract C37040 with Dudek of La Quinta, California, for additional design and construction engineering support services in an amount not to exceed $55,975; 5) Appropriate $1,200,000 from the Restricted Capital Project Fund 451 to Account No. 4514692-4400100; and 6) Authorize the Mayor to execute the agreements. Strategic Plan The improvements to the El Paseo Corridor fulfill priorities identified in the City’s Strategic Plan, including the following: Economic Development Priority No. 1: Expand job and business creation opportunities. Action Step: Revitalize Highway 111. Look at creating a possibility of creating a “City Center” atmosphere. March 11, 2021 - Staff Report Award Contract No. C37040A to H & H General Contractors, Inc. Page 2 of 4 To encourage growth and revitalization of the Highway 111 corridor, the City assists in providing large blocks of attractive and efficient public parking within the corridor. Background Analysis To date, the City Council has authorized the following actions for the President’s Plaza East and West Improvements project, including a total of $1,910,080 for the project design, construction management and utility relocation costs: • May 10, 2018 – Awarded Contract No. C37040 for professional engineering, landscape architecture and utility design services to Dudek of La Quinta, California, in the amount of $606,120. • July 11, 2019 – Selected Alternative 5 for the design of President's Plaza East and West Parking Lot Improvements; and approved Contract No. C37041, Amendment No. 1 to Contract No. C37040 with Dudek, in an amount of $50,000. • October 15, 2020 – Awarded Contract No. C37040B for construction management services to Southstar Engineering of Riverside, California in the amount of $853,960. • January 14, 2021 – Authorized staff to advertise and call for bids for the construction contract; and authorized the Contract Documents to include an early completion incentive. • February 25, 2021 – Ratified and confirmed the Interim City Manager’s execution and authorization to enter into necessary agreements for utility relocation; and authorized the expenditure of up to $400,000 for utility relocations. The Project was advertised for bid on January 29, 2021, and on March 2, 2021, four bids were received via the City of Palm Desert’s online PlanetBids bidding portal with the following results: Contractor Location Total Base Bid H & H General Contractors, Inc. Highland, California $7,123,393.00 Granite Construction Company Indio, California $8,584,858.00 Los Angeles Engineering, Inc. Covina, California $8,959,000.00 C.S. Legacy Construction, Inc. Chino, California $11,251,554.94 Staff reviewed the bid received from H & H General Contractors and determined that they are the lowest responsible bidder submitting a responsive bid. The engineer’s estimate for the construction portion of the Project is $7,470,020, which places the bid from H & H General Contractors, Inc. at approximately five (5) percent lower than the estimate. During the final stages of preparing the project plans and specifications, the design engineer conducted additional potholing investigation in support of the utility relocation. In addition, the City requires the design engineer to be available to support the review of contractor submittals and to assist in responding to changed conditions encountered during construction. Staff is March 11, 2021 - Staff Report Award Contract No. C37040A to H & H General Contractors, Inc. Page 3 of 4 requesting the City Council approve Contract Amendment No. 2 to the design contract in an amount not to exceed $55,975 for these additional services. Fiscal Analysis In 2018, the total Project cost was estimated to be $8.6M. Since that time, we have had several project re-evaluations, re-designs and unexpected utility fees which have resulted in additional costs. The table below more fully explains the original budget and various decisions that have culminated in recommended action to appropriate an additional $1,200,000. Budget Cost Original Budget FY18/19 $8,000,000 Additional Appropriation FY20/21 $740,000 Other Related Costs (approx.) $137,000 Approved Contracts (design, construction management, utility relocation) (approx.) $1,911,000 Construction Bid Award $7,123,393 Contingency $712,339 Amendment No. 2 Design Engineer $55,975 Appropriation Needed $(1,199,707) Additional Appropriation Needed at Bid Award $1,200,000 Total Project Cost $9,940,000 $9,939,707 The request herein will award a contract for just under the engineer’s estimate, however, to cover the noted costs above and a ten percent (10%) contingency, for unforeseen issues, an additional appropriation is needed. Monies are available in the Restricted Capital Project Fund 451 for this purpose. Staff therefore requests that the City Council appropriate $1,200,000 from the Restricted Capital Project Fund 451 to Account No. 4514692-4400100. This action does not affect the General Fund. March 11, 2021 - Staff Report Award Contract No. C37040A to H & H General Contractors, Inc. Page 4 of 4 LEGAL REVIEW Approved as to Form DEPT. REVIEW FINANCIAL REVIEW ASSISTANT CITY MANAGER .Andy Firestine Sa,„.a". "Oo2o .Andy Firestine Andy Firestine Janet M. Moore Andy Firestine Robert W. Hargreaves Assistant City Manager Director of Finance Assistant City Manager City Attorney City Manager: L. Todd Hileman: L. Todd WLev no, CONTRACTOR: H & H General Contractors, Inc. 7919 Palm Avenue Highland, California 92346 CONSULTANT: Dudek 605 Third Street Encinitas, California 92024 ATTACHMENTS: Contractor Bid Agreement and Bonds Contract Amendment No. 2 Vicinity Map *Authorize the Mayor to execute the CITYCOUN ACTION agreements; as amended to include: g) waive APPROVED DENIED bid discrepancies and reject the bid protest. RFnCEnID /]�ERIIa 0/)rye / MEETI GDATE -It AYES:aayw NOES: ABSENT: ABSTAIN: VERIFIED BY Original on File with Ci Icrk's Office City of Palm Desert President's Plaza Parking Lot Improvements (21-08), bidding on 03/02/2021 2:00 PM (PST) Page 1 of 4 Printed 03/02/2021 PlanetBids, Inc. City of Palm Desert President's Plaza Parking Lot Improvements (21-08), bidding on 03/02/2021 2:00 PM (PST) Page 2 of 4 Printed 03/02/2021 PlanetBids, Inc. City of Palm Desert President's Plaza Parking Lot Improvements (21-08), bidding on 03/02/2021 2:00 PM (PST) Page 3 of 4 Printed 03/02/2021 PlanetBids, Inc. City of Palm Desert President's Plaza Parking Lot Improvements (21-08), bidding on 03/02/2021 2:00 PM (PST) Page 4 of 4 Printed 03/02/2021 PlanetBids, Inc. Contract No. C37040A PRESIDENT’S PLAZA PARKING LOT IMPROVEMENTS PROJECT NO. 758-14 -1- CONTRACT FOR CONSTRUCTION CONTRACT FOR CONSTRUCTION This Contract for Construction (“Contract”), No. C37040A, is made and entered into this 11th day of March, 2021, by and between City of Palm Desert, a Charter City and municipal corporation, organized under the laws of the State of California, with its principal place of business at 73-510 Fred Waring Drive, Palm Desert, California 92260, sometimes hereinafter called the “City” and H & H General Contractors, Inc., sometimes hereinafter called “Contractor.” WITNESSETH: That the parties hereto have mutually covenanted and agreed, and by these presents do covenant and agree with each other as follows: ARTICLE 1. SCOPE OF WORK. The Contractor shall perform all Work within the time stipulated in the Contract, and shall provide all labor, materials, equipment, tools, utility services, and transportation to complete all of the Work required in strict compliance with the Contract Documents as specified in Article 5, below, for the following Project: President’s Plaza Parking Lot Improvements Project No. 758-14 Contract No. C37040A Contractor is an independent contractor and not an agent of the City. The Contractor and its surety shall be liable to the City for any damages arising as a result of the Contractor’s failure to comply with this obligation. ARTICLE 2. TIME FOR COMPLETION. Time is of the essence in the performance of the Work. The Work shall be commenced on the date stated in the City’s Notice to Proceed. The Contractor shall complete all Work required by the Contract Documents within 165 Working Days from the construction commencement date stated in the Notice to Proceed. By its signature hereunder, Contractor agrees the time for completion set forth above is adequate and reasonable to complete the Work. Additionally, an interim completion milestone of 125 Working Days is hereby established to achieve Early Access and Beneficial Use of the Facilities (as defined herein). The Contractor shall complete all work required by the Contract Documents for Early Access and Beneficial Use of the Facilities within 125 Working Days from the construction commencement date stated in the Notice to Proceed. Early Access and Beneficial Use of the Facilities shall mean when all work required to provide continuous access and full use of a minimum of 300 of the newly complete constructed parking stalls per lot, including, but not limited to, finished paved surface and striping, at any given time, with full access for the businesses and their patrons, is complete in accordance with the Contract Documents. The liquidated damages requirements of the Contract Documents, including the amounts in Article 4 of the Contract, shall apply to each and every calendar day of delay beyond the time prescribed in this Article to provide Early Access and Beneficial Use of the Facilities. Contract No. C37040A PRESIDENT’S PLAZA PARKING LOT IMPROVEMENTS PROJECT NO. 758-14 -2- CONTRACT FOR CONSTRUCTION ARTICLE 3. INCENTIVE FOR EARLY COMPLETION OF BENEFICIAL USE OF FACILITIES. In order to encourage the Contractor to provide Early Access and Beneficial Use of the Facilities prior to the established milestone date, the City shall pay the Contractor an incentive (“Incentive Bonus”) to provide Early Access and Beneficial Use of the Facilities prior to the time for completion set forth in Article 2 of the Contract. The Incentive Bonus shall be in the amount of Thirty-Five Hundred Dollars ($3,500.00) for each and every Working Day in which Early Access and Beneficial Use of the Facilities is completed prior to the time for completion set forth in Article 2 of the Contract but shall under no circumstances exceed One Hundred Thousand Dollars ($100,000.00). ARTICLE 4. CONTRACT PRICE. The City shall pay to the Contractor as full compensation for the performance of the Contract, subject to any additions or deductions as provided in the Contract Documents, and including all applicable taxes and costs, the sum of Seven Million One Hundred Twenty Three Thousand Three Hundred Ninety Three and 00/100 Dollars ($7,123,393.00). Payment shall be made as set forth in the General Conditions. The City will pay to Contractor compensation based upon the prices set forth in the Bid Schedule. ARTICLE 5. LIQUIDATED DAMAGES. Contractor acknowledges that the City will sustain actual damages for each and every Day completion of the Project is delayed beyond the Contract Time. Because of the nature of the Project, it would be impracticable or extremely difficult to determine the City’s actual damages. Accordingly, in accordance with Government Code section 53069.85, it is agreed that the Contractor will pay the City the sum of $3,500 for each and every calendar day of delay beyond the time prescribed in the Contract Documents for finishing the Work, as Liquidated Damages and not as a penalty or forfeiture. In the event this is not paid, the Contractor agrees the City may deduct that amount from any money due or that may become due the Contractor under the Contract. This Section does not exclude recovery of other damages specified in the Contract Documents. Liquidated damages may be deducted from progress payments due Contractor, Project retention or may be collected directly from Contractor, or from Contractor's surety. These provisions for liquidated damages shall not prevent the City, in case of Contractor's default, from terminating the Contractor. ARTICLE 6. COMPONENT PARTS OF THE CONTRACT. The “Contract Documents” include the following: Notice Inviting Bids Instructions to Bidders Bid Forms Bid Acknowledgement Bid Schedule Bid Guarantee Designation of Subcontractors Information Required of Bidders Non-Collusion Declaration Form Iran Contracting Act Certification Public Works Contractor DIR Registration Certification Contract No. C37040A PRESIDENT’S PLAZA PARKING LOT IMPROVEMENTS PROJECT NO. 758-14 -3- CONTRACT FOR CONSTRUCTION Performance Bond Payment (Labor and Materials) Bond Contract for Construction General Conditions Special Conditions Specifications Addenda Construction Plans and Drawings Standard Specifications for Public Works Construction “Greenbook”, latest edition, Except Sections 1-9 Standard Plans of the City of Palm Desert, latest edition Standard Plans for Public Works Construction, latest edition Caltrans Standard Specifications, latest edition, Except Division 1 Caltrans Standard Plans, latest edition California Manual on Traffic Control Devices for Streets and Highways (CAMUTCD), latest edition Work Area Traffic Control Handbook, latest edition Reference Specifications Approved and fully executed Change Orders Permits Any other documents contained in or incorporated into the Contract The Contractor shall complete the Work in strict accordance with all of the Contract Documents. All of the Contract Documents are intended to be complementary. Work required by one of the Contract Documents and not by others shall be done as if required by all. In the event of conflict, the various Contract Documents will be given effect in the order set forth in the General Conditions. This Contract shall supersede any prior agreement of the parties. ARTICLE 7. PROVISIONS REQUIRED BY LAW AND CONTRACTOR COMPLIANCE. Each and every provision of law required to be included in these Contract Documents shall be deemed to be included in these Contract Documents. The Contractor shall comply with all requirements of applicable federal, state and local laws, rules and regulations, including, but not limited to, the provisions of the California Labor Code and California Public Contract Code which are applicable to this Work. ARTICLE 8. INDEMNIFICATION AND INSURANCE Indemnification To the fullest extent permitted by law, Contractor shall immediately defend (with counsel of the City’s choosing), indemnify and hold harmless the City, its officials, officers, agents, employees, and representatives, and each of them from and against: (a) Any and all claims, demands, causes of action, costs, expenses, injuries, losses or liabilities, in law or in equity, of every kind or nature whatsoever, but not limited to, injury to or death, including wrongful death, of any person, and damages to or destruction of property of any person, arising out of, related to, or in any manner directly or indirectly connected with the Work or this Contract, Contract No. C37040A PRESIDENT’S PLAZA PARKING LOT IMPROVEMENTS PROJECT NO. 758-14 -4- CONTRACT FOR CONSTRUCTION including claims made by subcontractors for nonpayment, including without limitation the payment of all consequential damages and attorney’s fees and other related costs and expenses, however caused, regardless of whether the allegations are false, fraudulent, or groundless, and regardless of any negligence of the City or its officers, employees, or authorized volunteers (including passive negligence), except the sole negligence or willful misconduct or active negligence of the City or its officials, officers, employees, or authorized volunteers; (b) Contractor’s defense and indemnity obligation herein includes, but is not limited to damages, fines, penalties, attorney’s fees and costs arising from claims under the Americans with Disabilities Act (ADA) or other federal or state disability access or discrimination laws arising from Contractor’s Work during the course of construction of the improvements or after the Work is complete, as the result of defects or negligence in Contractor’s construction of the improvements; (c) Any and all actions, proceedings, damages, costs, expenses, fines, penalties or liabilities, in law or equity, of every kind or nature whatsoever, arising out of, resulting from, or on account of the violation of any governmental law or regulation, compliance with which is the responsibility of Contractor; (d) Any and all losses, expenses, damages (including damages to the Work itself), attorney’s fees, and other costs, including all costs of defense which any of them may incur with respect to the failure, neglect, or refusal of Contractor to faithfully perform the W ork and all of Contractor’s obligations under Contract. Such costs, expenses, and damages shall include all costs, including attorney’s fees, incurred by the indemnified parties in any lawsuit to which they are a party. Contractor shall immediately defend, at Contractor’s own cost, expense and risk, with the counsel of the City choosing, any and all such aforesaid suits, actions or other legal proceedings of every kind that may be brought or instituted against the City, its officials, officers, agents, employees and representatives. Contractor shall pay and satisfy any judgment, award or decree that may be rendered against the City, its officials, officers, employees, agents, employees and representatives, in any such suit, action or other legal proceeding. Contractor shall reimburse the City, its officials, officers, agents, employees and representatives for any and all legal expenses and costs incurred by each of them in connection therewith or in enforcing the indemnity herein provided. The only limitations on this provision shall be those imposed by Civil Code section 2782. The provisions of this Article shall survive the termination of this Contract howsoever caused, and no payment, partial payment, or acceptance of occupancy in whole or part of the Work shall waive or release any of the provisions of this Article. Insurance Without limiting Contractor’s indemnification of City, and prior to commencement of Work, Contractor shall obtain, provide and maintain at its own expense during Contract No. C37040A PRESIDENT’S PLAZA PARKING LOT IMPROVEMENTS PROJECT NO. 758-14 -5- CONTRACT FOR CONSTRUCTION the term of this Contract, policies of insurance of the type and amounts described below and in a form that is satisfactory to City. General Liability Insurance. Contractor shall maintain commercial general liability insurance with coverage at least as broad as Insurance Services Office form CG 00 01, in an amount not less than $2,000,000 per occurrence, $4,000,000 general aggregate, for bodily injury, personal injury, and property damage, and a $4,000,000 completed operations aggregate. The policy must include contractual liability that has not been amended. Any endorsement restricting standard ISO “insured contract” language will not be accepted. Automobile Liability Insurance. Contractor shall maintain automobile insurance at least as broad as Insurance Services Office form CA 00 01 covering bodily injury and property damage for all activities of the Contractor arising out of or in connection with Work to be performed under this Contract, including coverage for any owned, hired, non-owned or rented vehicles, in an amount not less than $1,000,000 combined single limit for each accident. Umbrella or Excess Liability Insurance. Contractor may opt to utilize umbrella or excess liability insurance in meeting insurance requirements. In such circumstances, Contractor may obtain and maintain an umbrella or excess liability insurance policy with limits that will provide bodily injury, personal injury and property damage liability coverage at least as broad as the primary coverages set forth above, including commercial general liability, automotive liability and employer’s liability. Such policy or policies shall include the following terms and conditions: A drop down feature requiring the policy to respond in the event that any primary insurance that would otherwise have applied proves to be uncollectible in whole or in part for any reason; (a) Pay on behalf of wording as opposed to reimbursement; and (b) Concurrency of effective dates with primary policies; and (c) Policies shall “follow form” to the underlying primary policies; and (d) Insureds under primary policies shall also be insureds under the umbrella or excess policies. Workers’ Compensation Insurance. Contractor may maintain Workers’ Compensation Insurance (Statutory Limits) and Employer’s Liability Insurance (with limits of at least $1,000,000) for Contractor’s employees in accordance with the laws of the State of California, Section 3700 of the Labor Code. In addition, Contractor shall require each subcontractor to similarly maintain Workers’ Compensation Insurance and Employer’s Liability Insurance in accordance with the laws of the State of California, Section 3700 for all of the subcontractor’s employees. Contractor shall submit to City, along with the certificate of insurance, a Waiver of Subrogation endorsement in favor of the City, its officers, agents, employees and volunteers. Contract No. C37040A PRESIDENT’S PLAZA PARKING LOT IMPROVEMENTS PROJECT NO. 758-14 -6- CONTRACT FOR CONSTRUCTION Pollution Liability Insurance. Reserved. Builder’s Risk Insurance. Reserved. The named insureds shall be Contractor and City, including its officers, officials, employees, and agents. All subcontractors (excluding those solely responsible for design Work) of any tier and suppliers shall be included as additional insureds as their interests may appear. Contractor shall not be required to maintain property insurance for any portion of the Project following transfer of control thereof to City. The policy shall contain a provision that all proceeds from the builder’s risk policy shall be made payable to the City of Palm Desert. The City will act as a fiduciary for all other interests in the Project. Policy shall be provided for replacement value on an "all risk" basis for the completed value of the project. There shall be no coinsurance penalty or provisional limit provision in any such policy. Policy must include: (1) coverage for any ensuing loss from faulty workmanship, Nonconforming Work, omission or deficiency in design or specifications; (2) coverage against machinery accidents and operational testing; (3) coverage for removal of debris, and insuring the buildings, structures, machinery, equipment, materials, facilities, fixtures and all other properties constituting a part of the Project; (4) Ordinance or law coverage for contingent rebuilding, demolition, and increased costs of construction; (5) transit coverage (unless insured by the supplier or receiving contractor), with sub- limits sufficient to insure the full replacement value of any key equipment item; (6) Ocean marine cargo coverage insuring any Project materials or supplies, if applicable; (7) coverage with sub-limits sufficient to insure the full replacement value of any property or equipment stored either on or off the Site or any staging area. Such insurance shall be on a form acceptable to City to ensure adequacy of terms and sublimits and shall be submitted to the City prior to commencement of construction. Other Provisions or Requirements Proof of Insurance. Contractor shall provide certificates of insurance to City as evidence of the insurance coverage required herein, along with a waiver of subrogation endorsement for workers’ compensation. Insurance certificates and endorsements must be approved by City’s Risk Manager prior to commencement of performance. Current certification of insurance shall be kept on file with City at all times during the term of this contract. City reserves the right to require complete, certified copies of all required insurance policies, at any time. Duration of Coverage. Contractor shall procure and maintain for the duration of the contract insurance against claims for injuries to persons or damages to property, which may arise from or in connection with the performance of the Work hereunder by Contractor, its agents, representatives, employees or subcontractors. Contractor must maintain general liability and umbrella or excess liability insurance for as long as there is a statutory exposure to completed operations claims. The City and its officers, officials, employees, and agents shall continue as additional insureds under such policies. Contract No. C37040A PRESIDENT’S PLAZA PARKING LOT IMPROVEMENTS PROJECT NO. 758-14 -7- CONTRACT FOR CONSTRUCTION Primary/Non-Contributing. Coverage provided by Contractor shall be primary and any insurance or self-insurance procured or maintained by City shall not be required to contribute with it. The limits of insurance required herein may be satisfied by a combination of primary and umbrella or excess insurance. Any umbrella or excess insurance shall contain or be endorsed to contain a provision that such coverage shall also apply on a primary and non-contributory basis for the benefit of City before the City’s own insurance or self-insurance shall be called upon to protect it as a named insured. Products/Completed Operations Coverage. Products/completed operations coverage shall extend a minimum of three (3) years after project completion. Coverage shall be included on behalf of the insured for covered claims arising out of the actions of independent contractors. If the insured is using subcontractors, the Policy must include work performed “by or on behalf” of the insured. Policy shall contain no language that would invalidate or remove the insurer’s duty to defend or indemnify for claims or suits expressly excluded from coverage. Policy shall specifically provide for a duty to defend on the part of the insurer. The City, its officials, officers, agents, and employees, shall be included as additional insureds under the Products and Completed Operations coverage. City’s Rights of Enforcement. In the event any policy of insurance required under this Contract does not comply with these requirements, or is canceled and not replaced, City has the right, but not the duty, to obtain the insurance it deems necessary and any premium paid by City will be promptly reimbursed by Contractor, or City will withhold amounts sufficient to pay premium from Contractor payments. In the alternative, City may cancel this Contract. Acceptable Insurers. All insurance policies shall be issued by an insurance company currently authorized by the Insurance Commissioner to transact business of insurance or is on the List of Approved Surplus Line Insurers in the State of California, with an assigned policyholders’ Rating of A- (or higher) and Financial Size Category Class VII (or larger) in accordance with the latest edition of Best’s Key Rating Guide, unless otherwise approved by the City’s Risk Manager. Waiver of Subrogation. All insurance coverage maintained or procured pursuant to this agreement shall be endorsed to waive subrogation against the City, its elected or appointed officers, agents, officials, employees and volunteers, or shall specifically allow Contractor or others providing insurance evidence in compliance with these specifications to waive their right of recovery prior to a loss. Contractor hereby waives its own right of recovery against the City, its elected or appointed officers, agents, officials, employees and volunteers and shall require similar written express waivers and insurance clauses from each of its subcontractors. Enforcement of Contract Provisions (non estoppel). Contractor acknowledges and agrees that any actual or alleged failure on the part of the City to inform Contractor of non-compliance with any requirement imposes no additional obligations on the City nor does it waive any rights hereunder. Requirements Not Limiting. Requirements of specific coverage features or limits contained in this Section are not intended as a limitation on coverage, limits or Contract No. C37040A PRESIDENT’S PLAZA PARKING LOT IMPROVEMENTS PROJECT NO. 758-14 -8- CONTRACT FOR CONSTRUCTION other requirements, or a waiver of any coverage normally provided by any insurance. Specific reference to a given coverage feature is for purposes of clarification only as it pertains to a given issue and is not intended by any party or insured to be all inclusive, or to the exclusion of other coverage, or a waiver of any type. If the Contractor maintains higher limits than the minimums shown above, the City requires and shall be entitled to coverage for the higher limits maintained by the Contractor. Any available insurance proceeds in excess of the specified minimum limits of insurance and coverage shall be available to the City. Notice of Cancellation. Contractor agrees to oblige its insurance agent or broker and insurers to provide to City with a thirty (30) day notice of cancellation (except for nonpayment for which a ten (10) day notice is required) or nonrenewal of coverage for each required coverage. Additional Insured Status. General liability, automobile liability, and if applicable, pollution liability policies shall provide or be endorsed to provide that the City and its officers, officials, employees, agents, and volunteers shall be additional insureds under such policies. This provision shall also apply to any excess/umbrella liability policies. Coverage shall be at least as broad as coverage provided by ISO’s Owners, Lessees, or Contractors Additional Insured Endorsement for the ongoing (i.e. ISO Form CG 20 10 07 04) and completed operations (i.e. ISO Form CG 20 37 07 04) of Contractor. Prohibition of Undisclosed Coverage Limitations. None of the coverages required herein will be in compliance with these requirements if they include any limiting endorsement of any kind that has not been first submitted to City and approved of in writing. Separation of Insureds. A severability of interests provision must apply for all additional insureds ensuring that Contractor’s insurance shall apply separately to each insured against whom claim is made or suit is brought, except with respect to the insurer’s limits of liability. The policy(ies) shall not contain any cross-liability exclusions. Pass Through Clause. Contractor agrees to ensure that its sub-consultants, sub- contractors, and any other party involved with the Project who is brought onto or involved in the project by Contractor, provide the same minimum insurance coverage and endorsements required of Contractor. Contractor agrees to monitor and review all such coverage and assumes all responsibility for ensuring that such coverage is provided in conformity with the requirements of this section. Contractor agrees that upon request, all agreements with consultants, subcontractors, and others engaged in the Project will be submitted to City for review. City’s Right to Revise Requirements. The City or its Risk Manager reserves the right at any time during the term of the contract to change the amounts and types of insurance required by giving the Contractor ninety (90) Days advance written notice of such change. If such change results in substantial additional cost to the Contractor, the City and Contractor may renegotiate Contractor’s compensation. If the City reduces the insurance requirements, the change shall go into effect immediately and require no advanced written notice. Contract No. C37040A PRESIDENT’S PLAZA PARKING LOT IMPROVEMENTS PROJECT NO. 758-14 -9- CONTRACT FOR CONSTRUCTION Self-Insured Retentions. Any self-insured retentions must be declared to and approved by City. City reserves the right to require that self-insured retentions be eliminated, lowered, or replaced by a deductible. Self-insurance will not be considered to comply with these specifications unless approved by City. Timely Notice of Claims. Contractor shall give City prompt and timely notice of claims made or suits instituted that arise out of or result from Contractor’s performance under this Contract, and that involve or may involve coverage under any of the required liability policies. Additional Insurance. Contractor shall also procure and maintain, at its own cost and expense, any additional kinds of insurance, which in its own judgment may be necessary for its proper protection and prosecution of the Work. Safety. Contractor shall execute and maintain its work so as to avoid injury or damage to any person or property. In carrying out its Services, the Contractor shall at all times be in compliance with all applicable local, state and federal laws, rules and regulations, and shall exercise all necessary precautions for the safety of employees appropriate to the nature of the work and the conditions under which the work is to be performed. Safety precautions, where applicable, shall include, but shall not be limited to: (A) adequate life protection and lifesaving equipment and procedures; (B) instructions in accident prevention for all employees and subcontractors, such as safe walkways, scaffolds, fall protection ladders, bridges, gang planks, confined space procedures, trenching and shoring, equipment and other safety devices, equipment and wearing apparel as are necessary or lawfully required to prevent accidents or injuries; and (C) adequate facilities for the proper inspection and maintenance of all safety measures. ARTICLE 9. PREVAILING WAGES. Contractor shall be required to pay the prevailing rate of wages in accordance with the Labor Code which such rates shall be made available at the City’s Office or may be obtained online at http://www.dir.ca.gov and which must be posted at the job site. ARTICLE 10. FALSE CLAIMS. Contractor acknowledges that if a false claim is submitted to the City, it may be considered fraud and Contractor may be subject to criminal prosecution. Contractor acknowledges that the False Claims Act, California Government Code sections 12650, et seq., provides for civil penalties where a person knowingly submits a false claim to a public entity. These provisions include within their scope false claims made with deliberate ignorance of the false information or in reckless disregard of the truth or falsity of the information. In the event the City seeks to recover penalties pursuant to the False Claims Act, it is entitled to recover its litigation costs, including attorneys’ fees. Contractor hereby acknowledges that the filing of a false claim may the Contractor to an administrative debarment proceeding wherein Contractor may be prevented from further bidding on public contracts for a period of up to five (5) years. [REMAINDER OF PAGE LEFT INTENTIONALLY BLANK] Contract No. C37040A PRESIDENT’S PLAZA PARKING LOT IMPROVEMENTS PROJECT NO. 758-14 -10- CONTRACT FOR CONSTRUCTION IN WITNESS WHEREOF, this Contract has been duly executed by the above-named parties, on the day and year above written. CITY OF PALM DESERT By: KATHLEEN KELLY Mayor ATTEST: By: Grace L. Rocha, Acting City Clerk APPROVED AS TO FORM: By: Best Best & Krieger LLP City Attorney REVIEWED BY: By: Andy Firestine Assistant City Manager H & H GENERAL CONTRACTORS, INC. [If Corporation, TWO SIGNATURES, President OR Vice President AND Secretary OR Treasurer REQUIRED] By: Its: Printed Name: [DELETE THE FOLLOWING SIGNATURE LINE IF NOT REQUIRED] By: Its: Printed Name: ____________________________________ Contractor’s License Number and Classification ____________________________________ DIR Registration Number (CONTRACTOR’S SIGNATURE MUST BE NOTARIZED AND CORPORATE SEAL AFFIXED, IF APPLICABLE) END OF CONTRACT Contract No. C37040A PRESIDENT’S PLAZA PARKING LOT IMPROVEMENTS PROJECT NO. 758-14 -11- CONTRACT FOR CONSTRUCTION Notary Acknowledgment A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document. STATE OF CALIFORNIA COUNTY OF ______________ On , 20___, before me, _______________________________, Notary Public, 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 of Notary 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. CAPACITY CLAIMED BY SIGNER DESCRIPTION OF ATTACHED DOCUMENT  Individual  Corporate Officer Title(s) Title or Type of Document  Partner(s)  Limited  General Number of Pages  Attorney-In-Fact  Trustee(s)  Guardian/Conservator Date of Document  Other: Signer is representing: Name Of Person(s) Or Entity(ies) Signer(s) Other Than Named Above Contract No. C37040A PRESIDENT’S PLAZA PARKING LOT IMPROVEMENTS PROJECT NO. 758-14 -12- BOND FORMS BOND FORMS Performance Bond KNOW ALL PERSONS BY THESE PRESENTS: THAT WHEREAS, the City of Palm Desert, a Charter City and municipal corporation, organized under the laws of the State of California, with its principal place of business at 73-510 Fred Waring Drive, Palm Desert, California 92260, (hereinafter referred to as the “City”) has awarded to H & H General Contractors, Inc., (hereinafter referred to as the “Contractor”) an agreement for Contract No. C37040A, (hereinafter referred to as the “Project”). WHEREAS, the work to be performed by the Contractor is more particularly set forth in the Contract Documents for the Project dated January 28, 2021, (hereinafter referred to as “Contract Documents”), the terms and conditions of which are expressly incorporated herein by reference; and WHEREAS, the Contractor is required by said Contract Documents to perform the terms thereof and to furnish a bond for the faithful performance of said Contract Documents. NOW, THEREFORE, we, ______________________, the undersigned Contractor and ________________________________________________ as Surety, a corporation organized and duly authorized to transact business under the laws of the State of California, are held and firmly bound unto the City in the sum of Seven Million One Hundred Twenty Three Thousand Three Hundred Ninety Three and 00/100 Dollars ($7,123,393.00), said sum being not less than one hundred percent (100%) of the total amount of the Contract, for which amount well and truly to be made, we bind ourselves, our heirs, executors and administrators, successors and assigns, jointly and severally, firmly by these presents. THE CONDITION OF THIS OBLIGATION IS SUCH, that, if the Contractor, his or its heirs, executors, administrators, successors or assigns, shall in all things stand to and abide by, and well and truly keep and perform the covenants, conditions and agreements in the Contract Documents and any alteration thereof made as therein provided, on its part, to be kept and performed at the time and in the manner therein specified, and in all respects according to their intent and meaning; and shall faithfully fulfill all obligations including the one (1) year guarantee of all materials and workmanship; and shall indemnify and save harmless the City, its officials, officers, employees, and authorized volunteers, as stipulated in said Contract Documents, then this obligation shall become null and void; otherwise it shall be and remain in full force and effect. As a part of the obligation secured hereby and in addition to the face amount specified therefore, there shall be included costs and reasonable expenses and fees including reasonable attorney’s fees, incurred by the City in enforcing such obligation. As a condition precedent to the satisfactory completion of the Contract Documents, unless otherwise provided for in the Contract Documents, the above obligation shall hold good for a period of one (1) year after the acceptance of the work by the City, during which time if Contractor shall fail to make full, complete, and satisfactory repair and replacements and totally protect the City from loss or damage resulting from or caused by defective materials or faulty workmanship. The obligations of Surety hereunder shall continue so long as any obligation of Contractor remains. Nothing herein shall limit the City’s rights or the Contractor or Surety’s obligations under Contract No. C37040A PRESIDENT’S PLAZA PARKING LOT IMPROVEMENTS PROJECT NO. 758-14 -13- BOND FORMS the Contract, law or equity, including, but not limited to, California Code of Civil Procedure Section 337.15. Whenever Contractor shall be, and is declared by the City to be, in default under the Contract Documents, the Surety shall remedy the default pursuant to the Contract Documents, or shall promptly, at the City’s option: i. Take over and complete the Project in accordance with all terms and conditions in the Contract Documents; or ii. Obtain a bid or bids for completing the Project in accordance with all terms and conditions in the Contract Documents and upon determination by Surety of the lowest responsive and responsible bidder, arrange for a Contract between such bidder, the Surety and the City, and make available as work progresses sufficient funds to pay the cost of completion of the Project, less the balance of the contract price, including other costs and damages for which Surety may be liable. The term “balance of the contract price” as used in this paragraph shall mean the total amount payable to Contractor by the City under the Contract and any modification thereto, less any amount previously paid by the City to the Contractor and any other set offs pursuant to the Contract Documents. iii. Permit the City to complete the Project in any manner consistent with California law and make available as work progresses sufficient funds to pay the cost of completion of the Project, less the balance of the contract price, including other costs and damages for which Surety may be liable. The term “balance of the contract price” as used in this paragraph shall mean the total amount payable to Contractor by the City under the Contract and any modification thereto, less any amount previously paid by the City to the Contractor and any other set offs pursuant to the Contract Documents. Surety expressly agrees that the City may reject any contractor or subcontractor which may be proposed by Surety in fulfillment of its obligations in the event of default by the Contractor. Surety shall not utilize Contractor in completing the Project nor shall Surety accept a bid from Contractor for completion of the Project if the City, when declaring the Contractor in default, notifies Surety of the City’s objection to Contractor’s further participation in the completion of the Project. The Surety, for value received, hereby stipulates and agrees that no change, extension of time, alteration or addition to the terms of the Contract Documents or to the Project to be performed thereunder shall in any way affect its obligations on this bond, and it does hereby waive notice of any such change, extension of time, alteration or addition to the terms of the Contract Documents or to the Project. [REMAINDER OF PAGE LEFT INTENTIONALLY BLANK] Contract No. C37040A PRESIDENT’S PLAZA PARKING LOT IMPROVEMENTS PROJECT NO. 758-14 -14- BOND FORMS IN WITNESS WHEREOF, we have hereunto set our hands and seals this _______ day of ______________, 20___. (Corporate Seal) Contractor/ Principal By Title (Corporate Seal) Surety By Attorney-in-Fact (Attach Attorney-in-Fact Certificate) Title The rate of premium on this bond is ____________ per thousand. The total amount of premium charges is $_______________________________. (The above must be filled in by corporate attorney.) THIS IS A REQUIRED FORM Any claims under this bond may be addressed to: (Name and Address of Surety) ___________________________________________ ___________________________________________ ___________________________________________ (Name and Address of Agent or ___________________________________________ Representative for service of ___________________________________________ process in California, if different ___________________________________________ from above) (Telephone number of Surety ___________________________________________ and Agent or Representative for service of process in California) Contract No. C37040A PRESIDENT’S PLAZA PARKING LOT IMPROVEMENTS PROJECT NO. 758-14 -15- BOND FORMS Notary Acknowledgment A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document. STATE OF CALIFORNIA COUNTY OF ______________ On , 20___, before me, _______________________________, Notary Public, 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 of Notary 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. CAPACITY CLAIMED BY SIGNER DESCRIPTION OF ATTACHED DOCUMENT  Individual  Corporate Officer Title(s) Title or Type of Document  Partner(s)  Limited  General Number of Pages  Attorney-In-Fact  Trustee(s)  Guardian/Conservator Date of Document  Other: Signer is representing: Name Of Person(s) Or Entity(ies) Signer(s) Other Than Named Above NOTE: This acknowledgment is to be completed for Contractor/Principal. Contract No. C37040A PRESIDENT’S PLAZA PARKING LOT IMPROVEMENTS PROJECT NO. 758-14 -16- BOND FORMS Notary Acknowledgment A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document. STATE OF CALIFORNIA COUNTY OF ______________ On , 20___, before me, _______________________________, Notary Public, 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 of Notary 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. CAPACITY CLAIMED BY SIGNER DESCRIPTION OF ATTACHED DOCUMENT  Individual  Corporate Officer Title(s) Title or Type of Document  Partner(s)  Limited  General Number of Pages  Attorney-In-Fact  Trustee(s)  Guardian/Conservator Date of Document  Other: Signer is representing: Name Of Person(s) Or Entity(ies) Signer(s) Other Than Named Above NOTE: This acknowledgment is to be completed for the Attorney-in-Fact. The Power-of Attorney to local representatives of the bonding company must also be attached. END OF PERFORMANCE BOND Contract No. C37040A PRESIDENT’S PLAZA PARKING LOT IMPROVEMENTS PROJECT NO. 758-14 17 BOND FORMS Payment Bond (Labor and Materials). KNOW ALL MEN BY THESE PRESENTS That WHEREAS, the City of Palm Desert, a Charter City and municipal corporation organized and operating under the laws of the State of California (hereinafter designated as the “City”), by action taken or a resolution passed March 11, 2021, has awarded to H & H General Contractors, Inc., hereinafter designated as the “Principal,” a contract for the work described as follows: Contract No. C37040A (the “Project”); and WHEREAS, the work to be performed by the Contractor is more particularly set forth in the Contract Documents for the Project dated January 28, 2021, (hereinafter referred to as “Contract Documents”), the terms and conditions of which are expressly incorporated herein by reference; and WHEREAS, said Principal is required to furnish a bond in connection with said contract; providing that if said Principal or any of its Subcontractors shall fail to pay for any materials, provisions, provender, equipment, or other supplies used in, upon, for or about the performance of the work contracted to be done, or for any work or labor done thereon of any kind, or for amounts due under the Unemployment Insurance Code or for any amounts required to be deducted, withheld, and paid over to the Employment Development Department from the wages of employees of said Principal and its Subcontractors with respect to such work or labor the Surety on this bond will pay for the same to the extent hereinafter set forth. NOW THEREFORE, we, the Principal and __________________________ as Surety, are held and firmly bound unto the City in the penal sum of Seven Million One Hundred Twenty Three Thousand Three Hundred Ninety Three and 00/100 Dollars ($7,123,393.00) lawful money of the United States of America, for the payment of which sum well and truly to be made, we bind ourselves, our heirs, executors, administrators, successors and assigns, jointly and severally, firmly by these presents. THE CONDITION OF THIS OBLIGATION IS SUCH that if said Principal, his or its subcontractors, heirs, executors, administrators, successors or assigns, shall fail to pay any of the persons named in Civil Code Section 9100, fail to pay for any materials, provisions or other supplies, used in, upon, for or about the performance of the work contracted to be done, or for any work or labor thereon of any kind, or amounts due under the Unemployment Insurance Code with respect to work or labor performed under the contract, or for any amounts required to be deducted, withheld, and paid over to the Employment Development Department or Franchise Tax Board from the wages of employees of the contractor and his subcontractors pursuant to Revenue and Taxation Code Section 18663, with respect to such work and labor the Surety or Sureties will pay for the same, in an amount not exceeding the sum herein above specified, and also, in case suit is brought upon this bond, all litigation expenses incurred by the City in such suit, including reasonable attorneys’ fees, court costs, expert witness fees and investigation expenses. This bond shall inure to the benefit of any of the persons named in Civil Code Section 9100 so as to give a right of action to such persons or their assigns in any suit brought upon this bond. It is further stipulated and agreed that the Surety on this bond shall not be exonerated or released from the obligation of this bond by any change, extension of time for performance, addition, alteration or modification in, to, or of any contract, plans, specifications, or agreement pertaining or relating to any scheme or work of improvement herein above described, or pertaining or relating Contract No. C37040A PRESIDENT’S PLAZA PARKING LOT IMPROVEMENTS PROJECT NO. 758-14 18 BOND FORMS to the furnishing of labor, materials, or equipment therefore, nor by any change or modification of any terms of payment or extension of the time for any payment pertaining or relating to any scheme or work of improvement herein above described, nor by any rescission or attempted rescission or attempted rescission of the contract, agreement or bond, nor by any conditions precedent or subsequent in the bond attempting to limit the right of recovery of claimants otherwise entitled to recover under any such contract or agreement or under the bond, nor by any fraud practiced by any person other than the claimant seeking to recover on the bond and that this bond be construed most strongly against the Surety and in favor of all persons for whose benefit such bond is given, and under no circumstances shall Surety be released from liability to those for whose benefit such bond has been given, by reason of any breach of contract between the owner or the City and original contractor or on the part of any obligee named in such bond, but the sole conditions of recovery shall be that claimant is a person described in Civil Code Section 9100, and has not been paid the full amount of his claim. The Surety, for value received, hereby stipulates and agrees that no change, extension of time, alteration or addition to the terms of the Contract to be performed thereunder, shall in any way affect its obligations on this bond, and it does hereby waive notice of any such change, extension of time, alteration or addition to the terms of Contract, including but not limited to, the provisions of Sections 2819 and 2845 of the California Civil Code. IN WITNESS WHEREOF, we have hereunto set our hands and seals this _______ day of ______________, 20__. (Corporate Seal) Contractor/ Principal By Title (Corporate Seal) Surety By Attorney-in-Fact (Attach Attorney-in-Fact Certificate) Title Contract No. C37040A PRESIDENT’S PLAZA PARKING LOT IMPROVEMENTS PROJECT NO. 758-14 19 BOND FORMS Notary Acknowledgment A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document. STATE OF CALIFORNIA COUNTY OF ______________ On , 20___, before me, _______________________________, Notary Public, 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 of Notary 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. CAPACITY CLAIMED BY SIGNER DESCRIPTION OF ATTACHED DOCUMENT  Individual  Corporate Officer Title(s) Title or Type of Document  Partner(s)  Limited  General Number of Pages  Attorney-In-Fact  Trustee(s)  Guardian/Conservator Date of Document  Other: Signer is representing: Name Of Person(s) Or Entity(ies) Signer(s) Other Than Named Above NOTE: This acknowledgment is to be completed for Contractor/Principal. Contract No. C37040A PRESIDENT’S PLAZA PARKING LOT IMPROVEMENTS PROJECT NO. 758-14 20 BOND FORMS Notary Acknowledgment A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document. STATE OF CALIFORNIA COUNTY OF ______________ On , 20___, before me, _______________________________, Notary Public, 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 of Notary 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. CAPACITY CLAIMED BY SIGNER DESCRIPTION OF ATTACHED DOCUMENT  Individual  Corporate Officer Title(s) Title or Type of Document  Partner(s)  Limited  General Number of Pages  Attorney-In-Fact  Trustee(s)  Guardian/Conservator Date of Document  Other: Signer is representing: Name Of Person(s) Or Entity(ies) Signer(s) Other Than Named Above NOTE: This acknowledgment is to be completed for the Attorney-in-Fact. The Power-of-Attorney to local representatives of the bonding company must also be attached. END OF PAYMENT BOND WHEREAS, the City of Palm Desert (“City”) and Dudek (“Consultant”), entered into an agreement, dated May 10, 2018, for professional engineering, landscape architecture and utility design services for President’s Plaza East and West Parking Lot Improvements, Project No. 758-14 (“Agreement”), the parties wish to amend the agreement effective March 11, 2021. NOW, THEREFORE, the parties agree as follows: A. Section 3.1.2 Term is amended to add the following paragraph to the end of the existing section, as amended. “The term of this Agreement is extended, and shall include the time period from June 30, 2020, through June 30, 2022.” B. Section 3.3.1 Compensation is amended to add the following paragraph to the end of the existing section, as amended. “Additional compensation in the amount of $55,975 for utility relocation potholing and for construction engineering support, shall be added to the total compensation per Exhibit “A- 1”, attached hereto.” C. All other terms and conditions of the Agreement shall remain unchanged, and shall remain in full force and effect. IN WITNESS WHEREOF, the parties hereto have caused this instrument to be executed the 11th day of March, 2021. CITY OF PALM DESERT DUDEK A Municipal Corporation Consultant L. Todd Hileman City Manager Attest: Approved as to Content: Grace Rocha, Acting City Clerk Andy Firestine City of Palm Desert, California Assistant City Manager Approved as to Form: Robert W. Hargreaves, Esq. City Attorney Contract No. C37042 CONTRACTOR NOTARY ACKNOWLEDGMENT State of California } } SS County of Riverside } On _________________, 20____, before me, __________________________, a Notary Public, 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) A Notary Public or other officer completing this certificate verifies only the identity of the individual who signed the document, to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document. Contract No. C37042 EXHIBIT “A-1” D U D E K 605 Third Street Encinitas, California, 92024 Phone: (760) 942-5147, Fax: (760) 632-0164 AGREEMENT AMENDMENT AUTHORIZATION To: This form is provided to document Client's written authorization to amend our existing Agreement as discussed. By documenting Client's written authorization for an Agreement amendment, Dudek hopes to avoid any misunderstanding between Client and Dudek, and to expedite the changes requested. All other terms and conditions of the original Agreement between Client and Dudek remain in effect. Additional potholes have been requested by the dry utility entities to support the re -design efforts. An additional 28 potholes will be performed by Dudek subcontractor CV Pipe. Dudek will provide bid and construction support services, including: - Respoding to bidder inquires - Participating in a pre -bid meeting - Assist with any required pre -bid addenda - Participating in a pre -construction meeting - Review select material submittals (up to 10) for compliance with the contract documents - Review and respond to select requests for information (up to 15) related to technical elements for the project - Prepare and issue field sketches (up to 10) to address Contractor driven design modifications or adjustments - Attend periodic progress and field coordination meetings (up to 5) - Assist with the review of contract modifications and/or change orders (up to 5) from the Contractor - Attend and participate in a project close-out and punch list meeting near the CONSTRUCTION NOTES 78075 Main St., Ste. 203-G La Quinta, CA. 92253 Tel (760) 341-6660 Fax (760) 346-6118 Engineering, Planning, Environmental Sciences and Management Services PRESIDENT'S PLAZA EAST & WEST PARKING LOT IMPROVEMENTS IOEFROSS ANILCS T V ETA O I F OFLII AC RREXP. 06-30-20SERIGCDERETHP I NEREE S NAL E NGH GR E E L .AYLNo. 69056 95% DESIGN SUBMITTAL NOT-FOR-CONSTRUCTION GRAPHIC SCALE C-11 STRIPING AND HORIZONTAL CONTROL PLAN HORIZONTAL CONTROL PLAN - WEST HORIZONTAL CONTROL PLAN - EAST