Loading...
HomeMy WebLinkAboutC38820B San Pablo Ave PH2 Streetscape Imprvmnts- 681-20CONTRACT NO. C38820B STAFF REPORT CITY OF PALM DESERT PUBLIC WORKS DEPARTMENT MEETING DATE: September 10, 2020 PREPARED BY: Randy Bowman, Project Manager REQUEST: Award Contract No. C38820B to Los Angeles Engineering, Inc. of Covina, California for the San Pablo Avenue Phase 2 Streetscape Improvements in the amount of $6,655,233 (Project No. 681-20) Recommendation By Minute Motion: Award Contract No. C38820B in the amount of $6,655,233.00 to Los Angeles Engineering, Inc. of Covina, California for the San Pablo Avenue Phase 2 Streetscape Improvements; 2. Authorize the Director of Finance to set aside a 15 percent contingency in the amount of $998,284.95; 3. Authorize the City Manager or designee to review and approve written change order requests for amounts up to $100,000 each and a cumulative maximum amount of $500,000 for the use of contingency for unanticipated conditions, per Section 3.30.170 of the Palm Desert Municipal Code; 4. Appropriate $1,067,000 from unobligated Measure A reserve; and 5. Authorize the Mayor to execute the agreement. Aside from the requested appropriation, funds are available in Account No. 4514342- 4400100, Capital Bond Funds; and Account No. 2134342-4400100, Measure A Fund. Strateaic Plan The improvements to the San Pablo Corridor fulfill priorities identified in the City's Strategic Plan, including the following: Tourism and Marketing — Priority 1: "Improve access to Palm Desert and its attractions to enhance the ease of lifestyle." Transportation — Priority 1: "Create walkable neighborhoods and areas within Palm Desert that would include residential, retail, services and employment centers, and parks, recreation and open space to reduce the use of low occupancy vehicles. " Transportation — Priority 3: "De-emphasize single/low-occupancy vehicles and optimize modes of travel (bus, carpool, golf -cart, bicycle and pedestrian)." September 10, 2020 - Staff Report Award Construction Contract for the San Pablo Phase 2 Project (Project No. 681-20) Page 2 of 4 • Land Use - Priority 4: "Create a mixed -use city core integrating shopping, dining, lodging, and housing." Backaround Analvsis The first phase of construction of the San Pablo Avenue Corridor Improvements is the roadway section from Highway 111 to Fred Waring Drive. The project construction commenced in July, 2019 and construction was substantially completed in July, 2020. The contractor is presently finishing punchlist work. The second phase of the San Pablo Avenue Corridor Improvements is the roadway section from Fred Waring Drive to Magnesia Falls Drive, and it continues design elements included in the first phase, plus roundabouts at Magnesia Falls Drive and at the entrance to the College of the Desert. The project is being coordinated with the CV Link along Magnesia Falls Drive. The City applied for ATP funding on July 27, 2018; on May 21, 2019, the City received official confirmation that ATP funds in the amount of $3,222,000 have been awarded for reimbursement of the project construction costs. To date, the City Council has authorized or taken action on the following for the project: • Design services contract to Dokken Engineering (Contract No. C38820) for $701,507 on September 12, 2019 • Construction management, surveying and materials inspection services to Southstar Engineering (Contract No. C38820A) for $1,072,766.76 on March 12, 2020 • Temporary construction access easement agreement with College of the Desert (Contract No. C38820C) at no cost proposed for March 26, 2020 • Received and filed an informational update on the project on April 9, 2020 The project has proceeded according to the original schedule established in June 2019. Major milestones include the following: • Commencement of design September 2019 • Public Open House October 2019 • Design completed May 2020 • CTC funding approval June 2020 • Advertise bids July 2020 • Open bids August 2020 • Construction completed June 2021 The City staff have been proceeding with an aggressive schedule for the project for two reasons: maintaining the City's obligations for the ATP grant funding, and completing the project before the City's anticipated July 4, 2021 celebration at Civic Center Park. To accomplish completion of construction of the project in time for the City's Fourth of July celebration, it is necessary to completely close San Pablo Avenue between Magnesia Falls Drive and Fred Waring Drive, so the contractor will have unrestricted access to the entire September 10, 2020 - Staff Report Award Construction Contract for the San Pablo Phase 2 Project (Project No. 681-20) Page 3of4 construction site. While San Pablo Avenue is closed for construction, staff and customers of the City will continue access city facilities via a temporary traffic signal at the Civic Center entrance on Fred Waring Drive. The Project was advertised for bid on July 14, 2020, and on August 20, 2020, nine bids were received via the City's online PlanetBids bidding portal with the following results: Contractor Los Angeles Engineering, Inc. MVC Enterprises, Inc. Jacobsson Engineering Construction, Inc Griffith Company Hazard Construction Company C.S. Legacy Construction, Inc. Granite Construction Company All American Asphalt Leonida Builders, Inc. Location Covina, CA Temecula, CA Palm Desert, CA Santa Fe Springs, CA Lakeside, CA Chino, CA Indio, CA Corona, CA Santa Clarita, CA Total Base Bid $6,612,414.60 1 $6,769,359.80 $7,053,574.40 $7,241,34. 1.60 1 $7,267,859.00 $7,509,402.48 $7,528,131.00 1 $7,969,913.64 I $8,148,525.20 The engineer's estimate for construction is $7,661,729.00, which places the lowest bid at fourteen (14) percent lower than the engineer's estimate, with which City staff concurs. The project was bid with three Alternate Bid Items, but the bids are evaluated solely on the Total Base Bid alone. The three Alternate Bid Items are as follows: AA-1 Diagonal Parking - Permeable Pavers AA-2 Adjust To Existing Water Valve, Air Vent, & Blow -Off Covers to Finished Grade AA-3 Adjust Existing Sewer Manholes to New Grade Alternate Bid Item AA-1 is a substitute for the stamped asphalt pavement surface in the base bid for the on -street diagonal parking in the project. Accepting the Alternate Bid Item and removing from the contract the stamped asphalt bid item adds a net amount of $42,818.40 to the contract. Staff recommends accepting this bid alternate, as permeable pavers are environmentally advantageous, and they complement the pavers installed with the Phase 1 project. Per Contract No. C31910 between the City and Coachella Valley Water District (CVWD), all paving projects will include an additive alternate bid items to raise the valves and manholes to the new grade on behalf of CVWD. CVWD has the option of accepting the price from the City's contractor and reimbursing the City for the work or using their own forces to perform the work, in which case the City would not award the additive alternate bid items. CVWD has reviewed the contractor's unit bid price of Alternate Bid Items AA- 1 and AA-2 and has opted to perform the work with their contractor, therefore Bid Alternates AA-2 and AA-3 will not be awarded. September 10, 2020 - Staff Report Award Construction Contract for the San Pablo Phase 2 Project (Project No. 681-20) Page 4of4 The total contract price is $6,655,233.00, which includes the Total Base Bid and Alternate Bid Item AA-1. Fiscal Analvsis The approved Capital Improvement Project (CIP) budget for FY 2020/21 includes for the San Pablo Phase 2 Streetscape Improvements Project construction $4,400,000 in Measure A Funds and $3,983,000 in Capital Bond Funds for a total of $8,383,000. The recommended award for construction including contingency is $7,653,517.95. The total cost for San Pablo Phase 2 is anticipated to be as follows: Design (Dokken Engineering): $ 701,507.00 Construction management (Southstar Engineering): $1.072,766.76 Subtotal: $1,774,273.76 Construction (Los Angeles Engineering): $6,655,233.00 Contingency: $ 998,284.95 Estimated permit fees with CVWD and SCE for meters: $ 22,208.29 Total estimated cost of San Pablo Phase 2: $9,450,000.00 Budget (remaining) in both funds is approximately: $8,383,000.00 Appropriation to the Measure A fund needed: $1,067,000.00 The City will be reimbursed $3,222,000 to Measure A Funds from the ATP grant. The cost to date for San Pablo Phase 1 is $11,707,595.96, so the current anticipated total project cost for the entire San Pablo Corridor Improvements is $21,157,595.96 before the ATP reimbursement, or $17,935,595.96 after ATP reimbursement. Once the project is complete, staff estimates on -going maintenance and utility costs to be around $50,000 per year. LEGAL REVIEW N/A Robert W. Hargreaves City Attorney DEPT. REVIEW Ii4ri1 Tom Garcia, P.E. Director of Public Works City Manager, Lauri Aylaian: .. CONTRACTOR: Los Angeles Engineering, Inc. 1945 Chicago Avenue, Unit C Riverside, CA 92507 FINANCIAL REVIEW Janet M. Moore Director of Finance ATTACHMENT: 1) Contractor's Bid 2) Agreement and Bonds 3) Vicinity Map ASSISTANT CITY MANAGER .Andy Firestine Andy Firestine Assistant City Manager City of Palm Desert SAN PABLO AVENUE PHASE 2 STREETSCAPE IMPROVEMENTS, PROJECT NO. 681-20 (20-21), bidding on August 20, Bid Results Bidder Details Vendor Name Los Angeles Engineering, Inc. Address 633 N. Barranca Ave Covina, CA 91723 United States Respondee Aaron O'Brien Respondee Title Secretary Phone 626-454-5222 Ext. 211 Email aaron@laeng.net Vendor Type CADIR License # 591176 CADIR 1000002848 Bid Detail Bid Format Electronic Submitted August 20, 2020 1:53:14 PM (Pacific) Delivery Method Bid Responsive Bid Status Submitted Confirmation # 223950 Ranking 0 Respondee Comment Buyer Comment Attachments File Title File Name Proposal MX-M565N_20200820_133918.pdf Line Items Type Item Code UOM Qty Unit Price Base Bid Item 1 MOBILIZATION/ DEMOBILIZATION (NOT TO EXCEED 5% OF SUBTOTAL) 1 LS 1 $300,000.00 2 PROJECT INFORMATION SIGN 2 EA 2 $600.00 3 PUBLIC NOTIFICATION PER SECTION 1.7 OF THE SPECIAL CONDITIONS 3 LS 1 $3,000.00 4 DEVELOP AND IMPLEMENT RISK LEVEL 1 WATER POLLUTION PREVENTION PLAN (SWPPP) 4 LS 1 $3,000.00 5 IMPLEMENTATION OF EROSION CONTROL UPON MOBILIZATION 5 LS 1 $10,000.00 Page 1 Printed 08/20/2020 File Type General Attachment Line Total Comment $300,000.00 $1,200.00 $3,000.00 $3,000.00 $10,000.00 PlanetBids, Inc. City of Palm Desert Page 2 SAN PABLO AVENUE PHASE 2 STREETSCAPE IMPROVEMENTS, PROJECT NO. 681-20 (20-21), bidding on August 20, Printed 08/20/2020 Bid Results Type Item Code UOM City Unit Price Line Total Comment 6 TEMPORARY WATER POLLUTION CONTROL BMPs 6 LS 1 $12,000.00 $12,000.00 7 TEMPORARY HIGH -VISIBILITY FENCE 7 LF 1050 $4.00 $4,200.00 8 CHANGEABLE MESSAGE BOARDS FOR TRAVEL CONDITIONS AND ADVANCED PROJECT WARNING 8 EA 5 $8,200.00 $41,000.00 9 TRAFFIC CONTROL AND CONSTRUCTION STAGING 9 LS 1 $12,000.00 $12,000.00 10 POTHOLING - LOCATE, PROTECT & RESTORE EXISTING UTILITIES & IMPROVEMENTS 10 LS 1 $7,000.00 $7,000.00 11 SURVEY MONUMENT PRESERVATION 11 LS 1 $3,000.00 $3,000.00 12 RECORD DRAWING ("AS -BUILT') PLANS (STIPULATED AMOUNT) 12 LS 1 $2,500.00 $2,500.00 13 CLASS "A" FIELD OFFICE 13 MO 10 $1,300.00 $13,000.00 14 CLEARING AND GRUBBING WITH CLEAN-UP/MAINTENANCE 14 LS 1 $5,000.00 $5,000.00 15 REMOVE AND DISPOSE OF EXISTING TREE AND ROOT SYSTEM, GRIND STUMP (TAMARISKS & OTHERS NOTED ON DEMO PLANS) 15 LS 1 $110,000.00 $110,000.00 16 GRIND EXISTING AC PAVEMENT (2" MIN.) 16 SF 14408 $0.70 $10,085.60 17 REMOVE EXISTING AC PAVEMENT 17 SF 182800 $1.00 $182,800.00 18 SAWCUT AND REMOVE EXISTING PCC SIDEWALK (4" THICK TYP.) & DRIVEWAYS (6" THICK TYP.) & CROSS -GUTTER (8" THICK TYP.) & CONCRETE CHANNEL (4" THICK TYP.) 18 SF 19750 $1.00 $19,750.00 19 REMOVE EXISTING PCC CURB & GUTTER (6" C.F. TYPICAL) 20 LF 6000 $3.00 $18,000.00 20 REMOVE EXISTING PCC CURB (6" C.F. TYPICAL) 21 LF 1150 $2.00 $2,300.00 21 DEMO CVWD WALL 22 LF 20 $50.00 $1,000.00 PlanetBids, Inc. City of Palm Desert Page 3 SAN PABLO AVENUE PHASE 2 STREETSCAPE IMPROVEMENTS, PROJECT NO. 681-20 (20-21), bidding on August 20, Printed 08/20/2020 Bid Results Type Item Code UOM Qty Unit Price Line Total Comment 22 CONSTRUCT BLOCK WALL 23 SF 160 $110.00 $17,600.00 23 RELOCATE CVWD GATE 24 EA 1 $3,500.00 $3,500.00 24 RELOCATE STONE SIGN 25 EA 2 $1,500.00 $3,000.00 25 RELOCATE COLLEGE OF THE DESERT SIGN 26 EA 1 $500.00 $500.00 26 ADJUST EXISTING STORM DRAIN MANHOLE TO GRADE 27 EA 1 $2,000.00 $2,000.00 27 MODIFY EXIST CATCH BASIN TO PROPOSED CURB AND ADJUST TO GRADE 28 EA 1 $4,000.00 $4,000.00 28 REMOVE EXISTING STORM DRAIN CATCH BASIN 29 EA 1 $2,000.00 $2,000.00 29 REMOVE EXISTING STORM DRAIN PIPE 30 LF 1 $200.00 $200.00 30 CLEAN EXISTING STORM DRAIN PIPE 31 LF 84 $5.00 $420.00 31 15' RCP STORM DRAIN 32 LF 76 $120.00 $9,120.00 32 18" RCP STORM DRAIN 33 LF 418 $94.00 $39,292.00 33 24" RCP STORM DRAIN 34 LF 282 $110.00 $31,020.00 34 18" HDPE STORM DRAIN 35 LF 589 $75.00 $44,175.00 35 TEMPORARY SHORING 36 LS 1 $9,000.00 $9,000.00 36 CONVERT EXIST CATCH BASIN TO MANHOLE 37 EA 1 $3,500.00 $3,500.00 37 CATCH BASIN NO.1 (7- LONG) 38 EA 1 $7,500.00 $7,500.00 PianetBids, Inc. City of Palm Desert Page 4 SAN PABLO AVENUE PHASE 2 STREETSCAPE IMPROVEMENTS, PROJECT NO. 681-20 (20-21), bidding on August 20, Printed 08/20/2020 Bid Results Type Item Code UOM City Unit Price Line Total Comment 38 CATCH BASIN NO.1 (14' LONG) 39 EA 2 $10,000.00 $20,000.00 39 CATCH BASIN NOA (1-GRATE) 40 EA 6 $7,500.00 $45,000.00 40 CALTRANS STANDARD G1 INLET 41 EA 6 $5,600.00 $33,600.00 41 JUNCTION STRUCTURE NO.2 42 EA 1 $1,500.00 $1,500.00 42 PIPE INTO EXISTING STRUCTURE 43 EA 3 $2,100.00 $6,300.00 43 MANHOLE NO.1 44 EA 6 $4,000.00 $24,000.00 44 BIORETENTION BMP 45 SF 2805 $13.00 $36,465.00 45 ROCK SLOPE PROTECTION 46 CY 10 $150.00 $1,500.00 46 ROCK SLOPE PROTECTION FABRIC (CLASS 8) 47 SQYD 36 $20.00 $720.00 47 HEADWALL 48 EA 1 $7,000.00 $7,000.00 48 CONCRETE CHANNEL TRANSITION 49 EA 1 $8,000.00 $8,000.00 49 DRY WELL 50 EA 1 $6,000.00 $6,000.00 50 CONCRETE BACKFILL 51 CY 175 $140.00 $24,500.00 51 MODIFY CURB OUTLET 52 EA 1 $300.00 $300.00 52 REPLACE AREA DRAIN CONNECTION 53 EA 1 $300.00 $300.00 53 RUBBERIZED AC PAVEMENT (TOP 2" R-HMA SURFACE COURSE PER PLANS) 54 TON 1890 $124.00 $234,360.00 Planetoids, Inc. City of Palm Desert Page 5 SAN PABLO AVENUE PHASE 2 STREETSCAPE IMPROVEMENTS, PROJECT NO. 681-20 (20-21), bidding on August 20, Printed 08/20/2020 Bid Results Type Item Code UOM Qty Unit Price Line Total Comment 54 NON -RUBBERIZED AC PAVEMENT (HMA BASE COURSE & FULL TRENCH REPAIR PER PLANS) 55 TON 2600 $111.00 $288,600.00 55 CLASS 2 AGGREGATE BASE (F) 56 CY 3350 $43.00 $144,050.00 56 PCC CURB & GUTTER 8" CF 57 LF 244 $27.00 $6,588.00 57 PCC CURB ONLY 6" CF 58 LF 7502 $21.00 $157,542.00 58 PCC CURB & GUTTER 6" CF 59 LF 3970 $26.00 $103,220.00 59 PCC CURB ONLY 4" CF 60 LF 3572 $15.00 $53,580.00 60 PCC CURB & GUTTER 4" CF 61 LF 71 $25.00 $1,775.00 61 6" PCC HEADER (FLUSH CURB) 62 LF 3792 $11.00 $41,712.00 62 CROSS -GUTTERS & SPANDRELS PER C.P.D. STD 106&108 63 SF 1160 $14.00 $16,240.00 63 6" PCC ROLLED CURB & GUTTER 64 LF 142 $36.00 $5,112.00 64 MODIFIED PCC ROLLED CURB 65 LF 392 $42.00 $16,464.00 65 PCC CURB RAMP TYPE A PER SDRSD NO. G-27 66 EA 17 $2,000.00 $34,000.00 66 PCC CURB RAMP TYPE C PER SDRSD NO. G-29 67 EA 2 $2,000.00 $4,000.00 67 PCC TRUCK APRON PAVERS AND SUBSECTION PER PLAN 68 SF 2980 $20.00 $59,600.00 68 SPECIALTY, ARTIST -DESIGNED CROSSWALK MARKINGS PER PLANS "CHROMATIC OR POLKA DOT" DETAILS 69 SF 620 $65.00 $40,300.00 69 DETECTABLE WARNING SURFACE 70 SF 1970 $3.80 $7,486.00 PlanetBids, Inc. City of Palm Desert Page 6 SAN PABLO AVENUE PHASE 2 STREETSCAPE IMPROVEMENTS, PROJECT NO. 681-20 (20-21), bidding on August 20, Printed 08/20/2020 Bid Results Type Item Code UOM Qty Unit Price Line Total Comment 70 KEYSTONE GRAVITY WALL 71 CY 58 $1,500.00 $87,000.00 71 PEDESTRIAN CONCRETE PAVING (BROOM FINISH) 72 SF 39750 $4.80 $190,800.00 72 CONCRETE DRIVEWAY (ALLEY TYPE) PER SDRSD NO. G-14E 73 SF 3960 $10.80 $42,768.00 73 1'-6" PCC HEADER (MOW STRIP) 74 SF 8950 $13.80 $123,510.00 74 UNCLASSIFIED EXCAVATION (F) 75 CY 6500 $82.00 $533,000.00 75 IMPORTED BORROW (F) 76 CY 500 $100.00 $50,000.00 76 DIAGONAL PARKING - STAMPED AC (INCLUDES STRUCTURAL SECTION PER PLANS) 77 SF 11268 $20.00 $225,360.00 77 TRAFFIC STRIPING, PAVEMENT MARKINGS AND SIGNAGE PER PLANS 78 LS 1 $110,000.00 $110,000.00 78 CV LINK CONNECTION 79 LS 1 $142,000.00 $142,000.00 79 TRASH RECEPTACLE 80 EA 10 $2,200.00 $22,000.00 80 RECYCLING RECEPTACLE 81 EA 10 $2,200.00 $22,000.00 81 BENCH TYPE A (WITH CONCRETE PAD) 82 EA 2 $1,700.00 $3,400.00 82 BENCH TYPE B (WITH CONCRETE PAD) 83 EA 3 $3,100.00 $9,300.00 83 BENCH TYPE C (WITH CONCRETE PAD) 84 EA 3 $4,600.00 $13,800.00 84 BOLLARD LIGHT TYPE 'C' 85 EA 108 $2,010.00 $217,080.00 85 BIKE RACK BOLLARD 86 EA 3 $700.00 $2,100.00 PlanetBids, Inc. City of Palm Desert Page 7 SAN PABLO AVENUE PHASE 2 STREETSCAPE IMPROVEMENTS, PROJECT NO. 681-20 (20-21), bidding on August 20, Printed O8/20/2020 Bid Results Type Item Code UOM City Unit Price Line Total Comment 86 BIKE REPAIR STATION 87 EA 2 $1,300.00 $2,600.00 87 BIKE PUMP STATION 88 EA 2 $1,300.00 $2,600.00 88 IN -ROADWAY LIGHTS 89 EA 44 $3,500.00 $154,000.00 89 TYPE 15 STREET LIGHT 90 EA 12 $8,000.00 $96,000.00 90 PEDESTRIAN PUSH BUTTON ASSEMBLY WITH POST 91 EA 11 $2,700.00 $29,700.00 91 TRAFFIC SIGNAL MODIFICATIONS 92 LS 1 $106,000.00 $106,000.00 92 FOUNDATIONS WITH ELECTRICAL FOR FUTURE ART 93 EA 2 $14,000.00 $28,000.00 93 EMPTY CONDUIT & PULL BOXES FOR FUTURE FIBER OPTIC LINE 94 LS 1 $128,000.00 $128,000.00 94 ELECTRICAL TRENCHING/CONDUITS/CONDUCTORS 95 LS 1 $269,000.00 $269,000.00 95 TREE GRATE UPLIGHT 96 EA 76 $1,650.00 $125,400.00 96 PALM TREE UP LIGHT PER DETAIL ON ELECTRICAL PLANS 97 EA 30 $2,140.00 $64,200.00 97 JUNCTION BOX 98 EA 30 $300.00 $9,000.00 98 SERVICE EQUIPMENT ENCLOSURE 99 EA 4 $7,700.00 $30,800.00 99 SERVICE EQUIPMENT ENCLOSURE W/240V OUTLETS 100 EA 4 $7,300.00 $29,200.00 100 RECEPTACLE PEDESTAL 101 EA 76 $600.00 $45,600.00 101 PULL BOXES, ROUND TYPE AND TYPE 3 PER DETAILS ON ELECTRICAL PLANS 102 EA 38 $700.00 $26,600.00 PlanetBids, Inc. City of Palm Desert Page 8 SAN PABLO AVENUE PHASE 2 STREETSCAPE IMPROVEMENTS, PROJECT NO. 681-20 (20-21), bidding on August 20, Printed 08/20/2020 Bid Results Type Item Code UOM Qty Unit Price Line Total Comment 102 TEMPORARY TRAFFIC SIGNAL (CIVIC CENTER ENTRANCE AT FRED WARING) 103 LS 1 $352,000.00 $352,000.00 103 18" STEPPING STONES 104 EA 20 $90.00 $1,800.00 104 24" STEPPING STONES 105 EA 44 $100.00 $4,400.00 105 ROCK BLANKET 106 SF 16 $120.00 $1,920.00 106 IRRIGATION SYSTEM 107 LS 1 $400,000.00 $400,000.00 107 PLANTS & PLANTING MATERIAL 108 LS 1 $490,000.00 $490,000.00 108 90 DAY PLANT ESTABLISHMENT/MAINTANENCE PERIOD (POST -CONSTRUCTION) 109 LS 1 $26,000.00 $26,000.00 109 LIMIT OF WORK/ EDGE CONDITION REPAIR 110 LS 1 $12,000.00 $12,000.00 Subtotal $6,596,414.60 Alternate Bid Item 110 DIAGONAL PARKING - PERMEABLE PAVERS AA-1 SF 11268 $23.80 $268,178.40 111 ADJUST TO EXISTING WATER VALVE, AIR VENT, & BLOW -OFF COVERS TO FINISHED GRADE AA-2 EA 29 $300.00 $8,700.00 112 ADJUST EXISTING SEWER MANHOLES TO NEW GRADE AA-3 EA 7 $600.00 $4,200.00 Subtotal $281,078.40 Base Bid Item 113 PRIVATE WATER LINE PER PLANS 111 LS 1 $16,000.00 $16,000.00 Subtotal $16,000.00 Total $6,893,493.00 Subcontractors Name & Address Description License Num CADIR Amount Type Sierra Pacific Electrical Electrical (Partial) 264048 1000004626 $1,505,613.00 2542 Avalon Street Jurupa Valley, CA 92509 United States Claddagh Paving Pavers (Partial) 819859 1000007179 $274,000.00 2246 Huffstatler St Fallbrook, CA 92028 United States PlanetBids, Inc. City of Palm Desert SAN PABLO AVENUE PHASE 2 STREETSCAPE IMPROVEMENTS, PROJECT NO. 681-20 (20-21), bidding on August 20 Bid Results Name & Address Description License Num CADIR Lopez Construction Inc. Drainage Structures (Partial) 890389 1000017840 1125 E 5th St Corona, CA 92879 United States Hardy & Harper, Inc. AC Paving (Partial) 215952 1000000076 32 Rancho Circle Lake Forest, CA 92630 United States Cal Stripe Inc. Striping and Signs (Partial) 685387 1000001100 2040 E. Steel Rd Colton, CA 92324 United States Shaw & Sons, Inc. Seeded Glass Concrete 685387 1000001100 829 W. 17th St., Suite 5 (Partial) Costa Mesa, CA 92627 United States Page 9 Printed 08/20/2020 Amount Type $134,000.00 $475,000.00 CADIR $295,495.00 CADIR $99,000.00 PlanetBids, Inc. Contract No. C38820B CONTRACT FOR CONSTRUCTION This Contract for Construction ("Contract"), No. C388206, is made and entered into this 10th day of September, 2020, 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 Los Angeles Engineering, 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: SAN PABLO AVENUE PHASE 2 STREETSCAPE IMPROVEMENTS PROJECT NO. 681-20 The project consists of the 2,600 foot segment of San Pablo Avenue from Fred Waring Drive to Magnesia Falls Drive. The project continues with the same elements as the first phase project south of Fred Waring Drive, and it includes two roundabouts at Magnesia Falls Drive and at the entrance to the College of the Desert. The project includes landscaping and hardscape improvements, streetlighting, on -street parking, sidewalks, crosswalks, bike lanes, complete removal and replacement of existing pavement, a small section of CV Link on Magnesia Falls Drive, and traffic signal improvements. 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 210 calendar days from the 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. ARTICLE 3. 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 Six Million Six Hundred Fifty Five Two Hundred Thirty Three Dollars ($6,655,233.00). 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. SAN PABLO AVENUE PHASE 2 STREETSCAPE _1 _ CONTRACT FOR CONSTRUCTION IMPROVEMENTS Contract No. C38820B ARTICLE 4. 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 $4,900 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 5. 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 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 SAN PABLO AVENUE PHASE 2 STREETSCAPE -2- CONTRACT FOR CONSTRUCTION IMPROVEMENTS Contract No. C38820B 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 6. 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 7. INDEMNIFICATION AND INSURANCE A. Indemnification 1. 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, 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 SAN PABLO AVENUE PHASE 2 STREETSCAPE _3_ CONTRACT FOR CONSTRUCTION IMPROVEMENTS Contract No. C38820B 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 Work 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. 2. 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. 3. 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. B. Insurance 1. Without limiting Contractor's indemnification of City, and prior to commencement of Work, Contractor shall obtain, provide and maintain at its own expense during the term of this Contract, policies of insurance of the type and amounts described below and in a form that is satisfactory to City. 2. 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. 3. 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. SAN PABLO AVENUE PHASE 2 STREETSCAPE _4_ CONTRACT FOR CONSTRUCTION IMPROVEMENTS Contract No. C38820B 4. 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: 5. 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. 6. 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. 7. Pollution Liability Insurance. Environmental Impairment Liability Insurance shall be written on a Contractor's Pollution Liability form or other form acceptable to the City providing coverage for liability arising out of sudden, accidental and gradual pollution and remediation. The policy limit shall be no less than $1,000,000 dollars per claim and in the aggregate. All activities contemplated in this Contract shall be specifically scheduled on the policy as "covered operations." The policy shall provide coverage for the hauling of waste from the Project site to the final disposal location, including non -owned disposal sites. 8. Builder's Risk Insurance. Reserved. 9. 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 SAN PABLO AVENUE PHASE 2 STREETSCAPE -5- CONTRACT FOR CONSTRUCTION IMPROVEMENTS Contract No. C38820B shall be made payable to the City of Palm Desert. The City will act as a fiduciary for all other interests in the Project. 10. 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. C. Other Provisions or Requirements 1. 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. 2. Duration of Coveraae. 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. 3. Primarv/Non-Contributina. 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. 4. Products/Completed Operations Coverage. Products/completed operations coverage shall extend a minimum of three (3) years after project completion. SAN PABLO AVENUE PHASE 2 STREETSCAPE -6- CONTRACT FOR CONSTRUCTION IMPROVEMENTS Contract No. C38820B 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. 5. Citv's Riahts 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. 6. 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 VI (or larger) in accordance with the latest edition of Best's Key Rating Guide, unless otherwise approved by the City's Risk Manager. 7. Waiver of Subroaation. 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. 8. 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. 9. Reauirements Not Limitina. Requirements of specific coverage features or limits contained in this Section are not intended as a limitation on coverage, limits or 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. 10. 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 SAN PABLO AVENUE PHASE 2 STREETSCAPE -7- CONTRACT FOR CONSTRUCTION IMPROVEMENTS Contract No. C38820B for nonpayment for which a ten (10) day notice is required) or nonrenewal of coverage for each required coverage. 11. 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. 12. Prohibition of Undisclosed Coveraae 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. 13. 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. 14. 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. 15. Citv's Riaht to Revise Reauirements. 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. 16. 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. 17. 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. SAN PABLO AVENUE PHASE 2 STREETSCAPE -8- CONTRACT FOR CONSTRUCTION IMPROVEMENTS Contract No. C38820B 18. 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. 19. 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 8. 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 9. 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] SAN PABLO AVENUE PHASE 2 STREETSCAPE _9_ CONTRACT FOR CONSTRUCTION IMPROVEMENTS Contract No. C38820B 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 LOS ANGELES ENGINEERING, INC. By: [Insert Name] [INSERT TITLE] ATTEST: By: [INSERT NAME], City Clerk APPROVED AS TO FORM: By: Best Best & Krieger LLP City Attorney (CONTRACTOR'S SIGNATURE MUST BE NOTARIZED AND CORPORATE SEAL AFFIXED, IF APPLICABLE) [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: 591176 Contractor's License Number and Classification A, B, C 10, C27, C61 /D 12, HAZ DIR Registration Number END OF CONTRACT SAN PABLO AVENUE PHASE 2 STREETSCAPE _1 0_ CONTRACT FOR CONSTRUCTION IMPROVEMENTS Contract No. C38820B 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) Partner(s) Limited General Attorney -In -Fact i Trustee(s) I Guardian/Conservator i Other. - Signer is representing: Name Of Person(s) Or Entity(ies) SAN PABLO AVENUE PHASE 2 STREETSCAPE IMPROVEMENTS Title or Type of Document Number of Pages Date of Document Signer(s) Other Than Named Above _1 1_ CONTRACT FOR CONSTRUCTION Contract No. C38820B BONDFORMS 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 Los Angeles Engineering, Inc., (hereinafter referred to as the "Contractor') an agreement for Contract No. C3882013, (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 July 10, 2020, (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 Six Million Six Hundred Fifty Five Two Hundred Thirty Three Dollars ($6,655,233.00), 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 SAN PABLO AVENUE PHASE 2 STREETSCAPE -12- BOND FORMS IMPROVEMENTS Contract No. C38820B 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: Take over and complete the Project in accordance with all terms and conditions in the Contract Documents; or 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] SAN PABLO AVENUE PHASE 2 STREETSCAPE _13_ BOND FORMS IMPROVEMENTS Contract No. C38820B IN WITNESS WHEREOF, we have hereunto set our hands and seals this day of ,20 (Corporate Seal) (Corporate Seal) Contractor/ Principal By Title 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) SAN PABLO AVENUE PHASE 2 STREETSCAPE -14- BOND FORMS IMPROVEMENTS Contract No. C38820B 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) Partner(s) Limited General I Attorney -In -Fact I Trustee(s) i Guardian/Conservator i Other: Signer is representing: Name Of Person(s) Or Entity(ies) Title or Type of Document Number of Pages Date of Document Signer(s) Other Than Named Above NOTE: This acknowledgment is to be completed for Contractor/Principal. SAN PABLO AVENUE PHASE 2 STREETSCAPE _1 rj_ IMPROVEMENTS BOND FORMS Contract No. C38820B 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) Partner(s) Limited General Attorney-[ n-Fact Trustee(s) i Guardian/Conservator i Other: Signer is representing: Name Of Person(s) Or Entity(ies) Title or Type of Document Number of Pages Date of Document 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 SAN PABLO AVENUE PHASE 2 STREETSCAPE _1 6_ BOND FORMS IMPROVEMENTS Contract No. C38820B Pavment 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 September 10t1, 2020, has awarded to Los Angeles Engineering, Inc. hereinafter designated as the "Principal," a contract for the work described as follows: Contract No. C38820B (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 July 10, 2020, (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 Six Million Six Hundred Fifty Five Two Hundred Thirty Three Dollars ($6,655,233.00) 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 to the furnishing of labor, materials, or equipment therefore, nor by any change or modification of SAN PABLO AVENUE PHASE 2 STREETSCAPE 17 BOND FORMS IMPROVEMENTS Contract No. C38820B 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) (Corporate Seal) Contractor/ Principal By Title Surety By Attorney -in -Fact (Attach Attorney -in -Fact Certificate) Title SAN PABLO AVENUE PHASE 2 STREETSCAPE 18 BOND FORMS IMPROVEMENTS Contract No. C38820B 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) Partner(s) Limited General Attorney -In -Fact Trustee(s) i Guardian/Conservator I Other: Signer is representing: Name Of Person(s) Or Entity(ies) Title or Type of Document Number of Pages Date of Document Signer(s) Other Than Named Above NOTE: This acknowledgment is to be completed for Contractor/Principal. SAN PABLO AVENUE PHASE 2 STREETSCAPE 19 IMPROVEMENTS BOND FORMS Contract No. C38820B 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) Partner(s) Limited General Attorney -In -Fact i Trustee(s) i Guardian/Conservator Other: Signer is representing: Name Of Person(s) Or Entity(ies) Title or Type of Document Number of Pages Date of Document 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 SAN PABLO AVENUE PHASE 2 STREETSCAPE 20 BOND FORMS IMPROVEMENTS \ \§ .( )[ 2 : ���� � : �, \. �. . � - . � �� � }\ Q � y � . / �: . � ^ �� � � \\ � T G � 111 O 09+1Z V1S 1331 M0139 33S 3NI1--:_ti✓1