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HomeMy WebLinkAboutC38830 El Paseo Pedestrian Impvrmnts 810-20CONTRACT NO. C38830 STAFF REPORT CITY OF PALM DESERT PUBLIC WORKS DEPARTMENT MEETING DATE: September 12, 2019 PREPARED BY: Randy Bowman, Project Manager REQUEST: Award Contract No. C38830 to Elecnor Belco Electric, Inc. of Chino, California, for the El Paseo Pedestrian Improvements project in the amount of $858,011 (Project No. 810-20). Recommendation By Minute Motion: 1. Award Contract No. C38830 to Elecnor Belco Electric, Inc. of Chino, California, for the El Paseo Pedestrian Improvements Project in the amount of $858,011. 2. Authorize the Director of Finance to set aside and expend a ten percent (10%) contingency in the amount of $85,801.10 for unanticipated conditions. 3. Authorize the City Manager or designee to review and approve written requests for the use of contingency change orders for unanticipated conditions, per Section 3.30.170 of the Palm Desert Municipal Code. 4. Authorize the Mayor to execute the Agreement. Additionally, City Council instructed staff at its August 22, 2019 meeting to develop a proposal for the Ocotillo Drive intersection as soon as possible without delaying the original scoped demonstration project. Staff has reviewed the Ocotillo Drive intersection. The crosswalks at the intersection are presently composed of brick pavers, which were installed by agreement with an abutting property owner. The demonstration project scope for intersections consists of painting crosswalks, which would not be feasible given the brick crosswalks at the Ocotillo Drive intersection. Given the challenge with the Ocotillo Drive intersection, staff has reviewed the nearby intersections of Sage Lane and Highway 74 for feasible installation of painted crosswalks, and recommends the City Council consider one of those intersections in lieu of Ocotillo Drive. Should the City Council be amenable to expanding the demonstration project to an additional intersection, staff recommends the following additional actions: September 12, 2019 - Staff Report Award Contract No. C38830 to Elecnor Belco Electric, Inc. for Project No. 810-20 Page 2 of 5 5. Authorize and direct the Director of Public Works to design and have additional crosswalk improvements installed, where feasible, at one of the following intersections, to be selected by the City Council on September 12, 2019: a. Highway 74 and El Paseo b. Sage Lane and El Paseo 6. Authorize an additional ten percent (10%) of the original contract ($85,801.10) to be added to the contract for the construction of the additional sidewalk improvements, should the work be so directed in Item No. 5 of this report. 7. Authorize the City Manager or designee to execute any documents, including change orders, that will facilitate the above actions. Funds are available in Measure A Fund Account No. 2134679-5000102, El Paseo Road Improvements. Strategic Plan The El Paseo Pedestrian Improvements project fulfills 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)." • Land Use - Priority 4: "Create a mixed -use city core integrating shopping, dining, lodging, and housing." In addition, the El Paseo Pedestrian Improvement project, along with a parklet pilot program that staff is drafting, addresses the following initiatives listed in the Economic Development Strategic Plan approved by City Council in 2018: • Revitalization of the El Paseo Key Commercial Corridor • Facilitate long-term market strengthening of the El Paseo District September 12, 2019 - Staff Report Award Contract No. C38830 to Elecnor Belco Electric, Inc. for Project No. 810-20 Page 3 of 5 • Align City placemaking and other development plans and strategies with key City -designated infrastructure elements Backaround Analvsis At its July 11, 2019, meeting, the City Council authorized the advertisement of the El Paseo Pedestrian Improvements project. In addition, the City Council directed staff to brief the El Paseo Business Association on the project and to report back to the City Council on August 22, 2019. The project was appropriately advertised with a bid opening date of August 6, 2019; however, no bids were received. According to Section 3.30.100(G) of the Palm Desert Municipal Code, "if no bids are received, the City Council may have the project done in any manner that the City Council may direct without further complying with this chapter." This project represents one of the City's goals for 2019, with the goal of the construction being complete in time for the Chamber of Commerce's Golf Cart Parade on October 27, 2019. At the request of the City Council, City staff briefed the El Paseo Business Improvement District's Board of Directors on August 15, 2019 and reported the results of the meeting to the City Council on August 22, 2019. At its August 22, 2019, meeting the City Council authorized and directed the Director of Public Works to request proposals and negotiate price for the construction of the Project. Following the direction of the City Council, City staff solicited price proposals from contractors. To encourage innovation and responsive proposals from contractors, City staff allowed contractors to submit up to three alternate price proposals for the Project including: All work in the Project; Only electrical components in the Project; and Only non -electrical components in the Project. The City received five proposals with the following results: Contractor Location I Alternate Bid Amount Proposed Elecnor Belco Electric, Chino, California All work $858,011.00 Inc. I Hardy & Harper, Inc. Lake Forest, All work $860,000.00 California Granite Construction Indio, California All work $986,200.00 Company September 12, 2019 - Staff Report Award Contract No. C38830 to Elecnor Belco Electric, Inc. for Project No. 810-20 Page 4 of 5 California Professional Engineering, Inc. EBS General Engineering, Inc. La Puente, California Corona, California Only electrical work Only non -electrical work $404,280.00 $661,985.60 City staff recommends awarding the contract to Elecnor Belco Electric, Inc. The contractor proposes to substantially complete the two intersections on El Paseo at Larkspur Lane and San Pablo Avenue, and the three raised crosswalks by October 25, 2019. Electrical work and other minor work is proposed to be completed by the end of November 2019. Additionally, the City Council expressed interest in painting additional crosswalks at the Ocotillo Drive intersection in conjunction with the initial demonstration project at its August 22, 2019 meeting. That intersection presently has brick surfaced crosswalks, which is not a feasible pavement surface on which to implement the decorative pavement marking design in the demonstration project. Given the challenge with the Ocotillo Drive intersection, staff has reviewed the nearby intersections of Sage Lane and Highway 74 for feasible installation of painted crosswalks, and recommends the City Council consider one of those intersections in lieu of Ocotillo Drive. Both intersections have asphalt pavement surface within the existing crosswalks, which is similar to that at the San Pablo Avenue and Larkspur Lane intersections. If the City Council maintains interest in adding additional crosswalk markings while the contractor is constructing the project, City staff recommends the City Council authorize an additional project contingency of ten (10) percent ($85,801.10) to be used for the additional crosswalks. Leveraging the contract proposed for award with Elecnor Belco Electric, Inc. will save the City the cost of mobilizing and de -mobilizing another contractor at a later date. With direction from the City Council on which intersection for City staff to focus on for additional work in conjunction with authorizing the contingency, City staff will have time to design and negotiate the additional work with the contractor while the contractor constructs the initial scope of work. City staff anticipates the additional intersection work would occur after the end of October 2019, subject to negotiation with the contractor. Fiscal Analvsis This project was included in the City's Fiscal Year 2019-20 Capital Improvement Program and the proposed Measure A 5-year Capital Improvement Project Program (CIP); therefore, there will be no fiscal impact beyond the contract amount. September 12, 2019 - Staff Report Award Contract No. C38830 to Elecnor Belco Electric, Inc. for Project No. 810-20 Page 5 of 5 LEGAL REVIEW DEPT. REVIEW FINANCIAL ASSISTANT REVIEW CITY MANAGER N/A Robert W. Hargreaves Tom arcia, E. a M. Moore An escity City Attorney Director of Public Works Director of Finance As ista t City Manager City Manager, Lauri Aylaian: CONTRACTOR: Elecnor Belco Electric, Inc. 14320 Albers Way Chino, CA 91710 ATTACHMENTS: 1) Agreement and Bonds 2) Contractor's Proposal 3) Vicinity Map CONTRACT NO. C38830 AGREEMENT THIS AGREEMENT is made and entered into this 12th day of September, 2019 by and between City of Palm Desert, California; hereafter called "CITY," and Elecnor Belco Electric, Inc .hereinafter called "CONTRACTOR." W I T N E S S E T H RECITALS: CONTRACTOR has submitted to CITY its Contractor's Bid for the construction of CITY Project, EL PASEO PEDESTRIAN IMPROVEMENTS, PROJECT NO. 810-20; CONTRACT NO. C38830, in strict accordance with the Contract Documents identified below, and CITY has accepted said Bid. 2. CONTRACTOR states that it has re-examined its CONTRACTOR'S Bid and found it to be correct, has ascertained that its Subcontractors are properly licensed and possess the requisite skill and forces, has examined the site and Contract in accordance with the Contract Documents for the money set forth in its Bid to be paid as provided in the Contract Documents. AGREEMENT: IT IS AGREED BY THE PARTIES AS FOLLOWS: Contract Documents: The entire contract consists of the following: (a) The Agreement, (b) The Notice Inviting Bids, (c) The Instruction to Bidders, (d) The Contractor's Bid, (e) Public Works Contractor DIR Registration Certification, (f) Noncollusion Declaration, (g) The Bidder's Bond, (h) Performance Bond, (i) The Payment Bond, 0) The Iran Contracting Certification, (k) General Specifications, (1) The Special Provisions, (m) The Standard Specifications as modified in other portions of the Contract Documents, (n) The Plans, (o) Any Change Orders issued, (p) Any additional or supplemental specifications, notices, instructions and drawings issued in accordance with the provisions of the Contract Documents (q) The Determination of Prevailing Wage Rates for Public Works, (r) Addenda No.(s) -0-. All of said Documents presently in existence are by this reference incorporated herein as if here set forth in full and upon the proper issuance of their documents they shall likewise be deemed incorporated. 2. Contractor shall commence the work within ten calendar days after the date of the Notice to Proceed and will do all things necessary to construct the work generally described in Recital No. 1 in accordance with the Contract Documents and will complete said work within 30 Calendar Days from the Notice to Proceed date as specified in the contract to the satisfaction of the Engineer. CONTRACT NO. C38830 3. Contractor agrees to indemnify, defend and save CITY and its officers, agents and employees, and the Engineer harmless from: a Any and all liability, claims, damages, losses or injuries to any person or other entity, including injury to Contractor's employees, and all claims which arise from or are connected with the negligent performance of or failure to perform the work or other obligations of this Agreement, or which are caused or which are claimed to be caused by the negligent or intentional acts or omissions of Contractor, its subcontractors, its agents or employees, and, all expenses of investigating and defending against same, b. Any and all liability, claims, damages, losses or injuries to any and all contractors, subcontractors, material -men, laborers, or any other person, firm or corporation furnishing or supplying work, services, materials or supplies in connection with the performance of the Agreement. a Attention is directed to the General Specifications - Claims, Liability, and Indemnity Agreement/Hold Harmless sections, which specifications are made part of this Agreement as set forth in Agreement paragraph 1, above. d Attention is directed to Section 6-9, "Liquidated Damages" of the Standard Specifications and is hereby amended to substitute the "City of Palm Desert" in place of "Agency." Liquidated damages shall be $1,000.00 per calendar day of delay. 4. Should any litigation or arbitration be commenced between the parties concerning the works of improvements as referenced herein, the prevailing party in any such litigation, being the CITY or the Contractor, should be entitled to a reasonable sum for attorney's fees incurred in any such litigation relating to this Contract. 5. This Agreement shall be binding upon all parties hereto and their respective heirs, executors, administrators, successors, and assigns. 6. Contractor shall be paid in the manner set forth in the Contract Documents the amount of its Bid as accepted by CITY, subject to such additions and deductions as may be made pursuant to the Contact Documents and applicable law. Satisfactory Performance: The prime Contractor agrees to pay each Subcontractor under this prime contract for satisfactory performance of its contract no later than 10 days from the receipt of each payment the prime Contractor receives from City of Palm Desert. Any delay or postponement of payment from the above referenced time frame may occur only for good cause following written approval of the City of Palm Desert. Release of Retention.: The prime Contractor agrees further to release retention payments to each Subcontractor within 30 days after the Subcontractor's work is satisfactorily completed. Any delay or postponement of payment from the above CONTRACT NO. C38830 referenced time frame may occur only for good cause following written approval of the City of Palm Desert. 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 the California Public Contract Code. 8. Execution of the Agreement by the parties constitutes their agreement to abide by all applicable provisions of the California Labor Code; constitutes contractor's certification that he is aware of the provisions of said Code and will comply with them; and further constitutes Contractor's certification asfollows: "I am aware of the provisions of Section 3700 of the California Labor Code which requires every employer to be insured against liability for workers' compensation or to undertake self-insurance in accordance with the provisions of that Code, and I will comply with such provisions before commencing the performance of the work of this contract." IN WITNESS WHEREOF the parties hereto have executed or caused to be executed by their duly authorized officials, this Agreement which shall be deemed an original on the date first above written. CONTRACTOR: BY: (Signature to be notarized) TITLE: CITY: BY: TITLE: Citv Manager of Palm Desert, CA APPROVED AS TO CONTENT: TOM GARCIA, P.E. DIRECTOR OF PUBLIC WORKS ATTEST BY: TITLE: ATTEST BY: TITLE: City Clerk of Palm Desert, CA APPROVED AS TO FORM: ROBERT W. HARGREAVES CITY ATTORNEY CONTRACT NO. C38830 CONTRACTOR 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, a Notary Public, personally appeared j 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 CONTRACT NO. C38830 PERFORMANCE BOND KNOW ALL MEN BY THESE PRESENTS: That whereas the City of Palm Desert has awarded to Elecnor Belco Electric, Inc. hereinafter designated as the "Principal", a contract for: EL PASEO PEDESTRIAN IMPROVEMENTS PROJECT NO. 810-20 CONTRACT NO. C38830 WHEREAS, said Principal is required under the terms of said contract to furnish a good and sufficient bond for the performance of said contract: NOW THEREFORE, WE the Principal, and as Surety, are held and firmly bound unto the City of Palm Desert hereinafter called the City, in the penal sum of Eiqht Hundred Fiftv Eiqht Thousand, and Eleven Dollars ($$858,011.00), being 100% of the contract amount in lawful money of the United States of America for the payment of which sum well and truly to be made, we hereby bind ourselves, our heirs, executors, administrators, and successors, 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 an 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 the 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 a defective materials or faulty workmanship. The obligations of Surety hereunder shall continue so long as any obligation of the Contractor remains. Nothing herein shall limit the City's rights or the Contractor or Surety's obligations under the CONTRACT NO. C38830 Contract, law or equity, including, but not limited to, California Code of Civil Procedure Section 337.15. Whenever the 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: a. Takeover and complete the Project in accordance with all terms and conditions in the Contract Documents; or b. 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 the 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. c. 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 the 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 obligation in the event of default by the Contractor. Surety shall not utilize the Contractor in completing the Project nor shall Surety accept a bid from the Contractor for completion of the Project if the City, when declaring the Contractor in default, notifies Surety of the City's objection to the 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 to any such change extension of time, alteration or addition to the terms of the Contract Documents or to the Project. CONTRACT NO. C38830 IN WITNESS WHEREOF, identical counterparts of this instrument, each of which shall for all purposes be deemed an original thereof, have been duly executed by the Principal and Surety above named on this day of , 20 (Corporate Seal) Contractor/Principal Title: (Corporate Seal) Surety Attorney -in -Fact Signatures of those signing for the Contractor/Principal must be notarized and evidence of corporate authority attached. (Attach Attorney -in -Fact Certificate) Title: The rate of premium on this bond is $ per thousand. The total amount of premium charged: $ (The above must be filled in by corporate surety) Signatures of those signing for the Contractor/Principal and Surety must be notarized and evidence of corporate authority attached. A copy of the Power -of -Attorney to local representatives of the bonding company must be attached hereto. IMPORTANT: Surety companies executing bonds must possess a certificate of authority from the California Insurance Commissioner authorizing them to write surety insurance defined in Section 105 of the California Insurance Code, and if the work or project is financed, in whole or in part, with federal, grant or loan funds, it must also appear on the Treasury Department's most current list (Circular 570 as amended). THIS IS A REQUIRED FORM I Name: I Name: I Address: City/State/Zip Code: Telephone No.: Address: City/State/Zip Code: Telephone No.: NOTE: A copy of the Power -of -Attorney authorizing the person signing on behalf of the Surety to do so must be attached hereto. CONTRACT NO. C38830 SURETY ACKNOWLEDGEMENT 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 before me, personally appeared ,, who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. WITNESS my hand and official seal. Signature of Notary Public CONTRACT NO. C38830 PRINCIPAL ACKNOWLEDGEMENT 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 . before me, personally appeared , who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. WITNESS my hand and official seal. Signature of Notary Public CONTRACT NO. C38830 PAYMENT BOND KNOW ALL MEN BY THESE PRESENTS: THAT WHEREAS, the City of Palm Desert (sometimes referred to hereinafter as "City") has awarded to Elecnor Belco Electric, Inc., (hereinafter designated as the "CONTRACTOR/PRINCIPAL"), an agreement dated described as follows: EL PASEO PEDESTRIAN IMPROVEMENTS, Project Number 810-20, Contract No. C38830 (hereinafter referred to as the "Contract"); and WHEREAS, said CONTRACTOR is required to furnish a bond in connection with said Contract, and pursuant to Section 9100 of the California Civil Code; 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 undersigned CONTRACTOR, as Principal, and a corporation organized and existing under the laws of the State of and duly authorized to transact business under the laws of the State of California, as Surety, are held and firmly bound unto the City of Palm Desert and to any and all persons, companies or corporations entitled to file stop payment notices under Section 9100 of the California Civil Code, in the sum of Eiqht Hundred Fiftv Eiqht Thousand, and Eleven Dollars ($$858.011.00)„ said sum being not less than one hundred percent (100%) of the total amount payable by the said City under the terms of the said Contract, for which payment 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 said CONTRACTOR, 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, implements, machinery or power used in, upon, for or about the performance of the Public Work contracted to be done, for any work or labor of any kind, or for bestowing skills or other necessary services thereon, or for amounts due under the Unemployment Insurance Code with respect to such work or labor, 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 said CONTRACTOR and his or its Subcontractors pursuant to Revenue and Taxation Code Section 18663 with respect to such work and labor the Surety or CONTRACT NO. C38830 Sureties hereon 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 attorney's fees, court costs, expert witness fees and investigation expenses. This bond shall inure to the benefit of any of the persons named in the Civil Code Section 9100 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 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 the original contractor or on the part of any obligee named in such bond, but the sole conditions of recovery shall be that the claimant is a person described in the Civil Code Section 9100, and has not been paid the full amount of his claim and that Surety does hereby waive notice of any such change, extension of time, addition, alteration or modification herein mentioned, 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 PRINCIPAL/CONTRACTOR: (Typed Name of Principal/Contractor) SURETY: (Typed Name of Surety) By: By: (Signature) (Signature of Attorney -in -Fact) (Signature to be Notarized) (Signature to be Notarized) (Typed Name and Title) The rate of premium on this bond is $ (Typed Name of Attorney -in -Fact) per thousand. CONTRACT NO. C38830 The total amount of premium charged: $ (The above must be filled in by corporate surety) IMPORTANT: Surety companies executing bonds must possess a certificate of authority from the California Insurance Commissioner authorizing them to write surety insurance defined in Section 105 of the California Insurance Code, and if the work or project is financed, in whole or in part, with federal, grant or loan funds, it must also appear on the Treasury Department's most current list (Circular 570 as amended). Signatures of those signing for the Principal/Contractor and Surety must be notarized and evidence of corporate authority attached. A copy of the Power -of -Attorney to local representatives of the bonding company must be attached hereto THIS IS A REQUIRED FORM Name: Name: Address: Address: City/State/Zip Code: I City/State/Zip Code: Telephone No.: I Telephone No.: CONTRACT NO. C38830 SURETY 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. County of On before me, personally appeared ,, who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. WITNESS my hand and official seal. Signature of Notary Public CONTRACT NO. C38830 PRINCIPAL 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 before me, personally appeared , who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. WITNESS my hand and official seal. Signature of Notary Public C — CONTRACTOR'S BID EL PASEO PEDESTRIAN IMPROVEMENTS PROJECT NO.810-20 CONTRACT NO. C38830 TO: CITY OF PALM DESERT, "CITY" DATE: Auoust 20.2019 BIDDER: Elemor Belco Electric, Inc. "CONTRACTOR" The UNDERSIGNED, "CONTRACTOR", having carefully examined the site and the Contract Documents for the construction of, EL PASEO PEDESTRIAN IMPROVEMENTS, PROJECT NO.810-20, CONTRACT NO. C38830, hereby proposes to construct the work in accordance with the Contract Documents, including Addenda No(s). for the amount stated in this Bid. By submitting this Bid, the Contractor agrees with the City: 1. That unless withdrawn in person by CONTRACTOR or some person authorized in writing by CONTRACTOR before the time specified In the Notice Inviting Bids for the public opening of bids, this Bid constitutes an irrevocable offer for 90 calendar days after that date. 2 The CITY has the right to reject any or all Bids and to waive any irregularities or informalities contained in a Bid. 3. That the contract shall be awarded only by the governing body of CITY. Said contract shall only be deemed awarded after the CONTRACTOR'S complete submission of all contract documents, bonds, insurance documentation, and the CITY shall obtain all necessary signatures of the governing body, at which time the contract shall be deemed awarded. 4 To submit to CITY such information as CITY may require to determine the Bidder's financial standing experience and to perform the work. 5 That the accompanying cash, certified or cashier's check or Bid Bond constitutes a guarantee that if awarded the contract, CONTRACTOR will execute the Agreement and deliver the required bonds and certificates of insurance within 10 days after notice of award. If CONTRACTOR fails to execute and deliver said documents, the cash, check or B i d B o n d is to be charged with the costs of the resultant damages to CITY, including but not limited to publication costs, the difference in money between the amount bid and the amount in excess of the bid which costs CITY to do or cause to be done the work involved, lease and rental costs, additional salaries and overhead, increased interest and costs of funding the project, attorney expense, additional engineering and architectural expense C-1 and cost of maintaining or construction alternate facilities occasioned by the failure to execute and deliver said documents. It is understood that the quantities shown hereon, except for those quantities marked "Lump Sum", are estimates and the final payment will be based upon the actual work performed, subject to such adjustment and alterations as elsewhere provided herein. Pursuant to and in compliance with the Notice Inviting Bids and other Contract Documents relating to the proposal for the construction of STREET IMPROVEMENTS as specifically set forth in documents entitled EL PASEO PEDESTRIAN IMPROVEMENTS (PROJECT NO.810-20 and CONTRACT NO. C38830) all in accordance with the Plans and Project Specifications on file at the City of Palm Desert Public Works Department, the undersigned bidder, having familiarized himself with the terms of the Contract, the local conditions affecting the performance of the Contract and the cost of the Work at the place the Work is to be done; and with the Plans, Project Specifications and other Contract Documents, hereby stipulated; the Contractor agrees to complete the Contract, including all of its component parts and everything required to be performed, and to provide and furnish any and all labor, materials, tools, equipment, expendable supplies and all utility and transportation services necessary to perform the Contract, and complete in a workmanlike manner all of the Work required in connection with the Contract, all in strict conformance with the Plans and Project Specifications on file at the City of Palm Desert Public Works Department. All items shall be furnished and functional per Plans and the Contract Documents. Notes: 1. Please type or print legibly in spaces provided in the BID SCHEDULE 2. Please do not use pencil. 3. Unit Prices shall be entered to two (2) decimal places only. C-2 BID SCHEDULE PROJECT NAME: EL PASEO PWWTR1AN IMPROVEMENTS PROJECT NUMBER. 810-20 CONTRACT NO.: NAME OF BIDDER: Elecnor Belco Electric, Inc. Base Bid Items DEMOBILIZATION (5% MAXIMUM OF TOTAL BID AMOUNT) 2 TRAFFIC CONTROL 3 CLEARING AND GRUBBING 4 STORMWATER BMPS 5 COLD MILL EXISTING AC PAVEMENT f2' DEPTH) 6 CONSTRUCT 2' THICK AC SURFACE COURSE (TYPE C2 PG 70-10) 7 RECONSTRUCT PCC CURB RAMP (INCLUDING CURB AND GUTTER, CASE AND TYPE PER PLAN) 8 FURNISH AND INSTALL 4' X 3' DETECTABLE WARNING SURFACE FOR EXISTING CURB RAMP 9 GRIND LIP OF EXISTING CURB RAMP FLUSH WITH GUTTER FLOW LINE 10 INSTALL CALTRANS TYPE E DETECTOR LOOPS 11 INSTALL DECORATIVE 12 �,%S,JVWALK ECORATIVE BUMPOUT AREA OUTSIDE OF DECORATIVE CROSSWALK 13 FURNISH AND INSTALL DELINEATORS PER CALTRANS STD PLAN A37C (CLASS 1, 5' O.C.) C-3 C38830 t0,6a6.00 to, o00. 00 1 1 LS LS $t 0.000.00 $3.4 CO.00 $10 f 000.00 $ S 4 00. Cv 1 LS $ � , $500.00 6,808 SF ��40,a1 $ $ 3,.50 2-3 e28.00 6,808 SF $ $ (0� CD L10,ql- CO 2 EA $ $ 101-1vx-00 20,40y.CG 5 EA $ $ t,13z. Go g,(fq(. 00 20 LF $ $ EA IN - C0 )1112z. 0C) 52 $ $ 310.00 110,t20 00 7,751 SF $ $ 2,688 SF $ $ 19.0() 51, 0-42-• Q0 115 EA $ $ Lw 6o IA'(OCO- 06 CALTRANS STD PLAN A24B (EDGE LINE) Lj Da 1 ja�{p Db 15 PAINT RED CURB 502 LF $3. $ 00 o0 16 PAINT CROSSWALK PER 1,352 LF $ CALTRANS STD PLAN A24F (12" WIDE WHITE LINES) 00 �,��� OQ 17 REMOVE AND REPLACE 8" THICK 386 SF $ $ PCC CROSS GUTTER PER CITY OF PALM DESERT STD DRAWING NO. 106 55.00 '21,230• 06 18 CONSTRUCT 4" HIGH PCC CURB 60 LF $ $ PER CITY OF PALM DESERT STD DRAWING NO. 103 a Z OD 5,52.0• 00 19 CONSTRUCT 4" THICK PCC 296 SF $ $ SIDEWALK PER CITY OF PALM DESERT STD DRAWING NO. 104 E6. 00 ,'ko 00 20 REMOVE EXISTING CURB AND 6 EA $ $ GUTTER AND FURNISH, CONSTRUCT, AND INSTALL ADA COMPLIANT TRENCH GRATE ASSEMBLY (INCLUDING MODIFIED CURB AND GUTTER PER DETAIL "A", SHEET 8 AND MODIFIED RETAINING CURB PER DETAIL "B", SHEET 8) OVER �� 6 (OU 00 WIDTH OF RAISED CRO SWALK la,6t0 y 21 PAINT RAISED CROSSWALK 240 LF $ $ PAVEMENT MARKINGS PER CA MUTCD FIGURE 38-30, OPTION A (12" WIDE WHITE LINES) ib. 00 7-1 U00 00 22 PAINT YIELD LINE MARKINGS 156 SF $ $ PER CA MUTCD FIGURE 313-16 (12" X 36" WHITE MARKINGS) ta• oo \,50)' op 23 FURNISH AND INSTALL 5 EA $ $ WIRELESS IN -ROADWAY WARNING LIGHTS SYSTEM, COMPLETE 3tk, 000, Co Ifo 1000 . 00 24 FURNISH AND INSTALL 5 EA $ $ WIRELESS RRFB SYSTEM, COMPLETE Z`1 CU , °0' o0 1'�5a C-4 ROADWAY SIGN 26 FURNISH AND INSTALL BLUE 1 EA 27 26 FIRE HYDRANT MARKER CONSTRUCT AC RAISED CROSSWALK (SPEED TABLE) PER THE PLANS FURNISH AND INSTALL 10' X 3' DETECTABLE WARNING SURFACE TOTAL BID'PRICE 47--co 12-. 00 133 TON $ $ IneLk. 00 $ 12. 00 35 A . 00 .Utf _ :+LA-+. a 10 EA $ $ ` ,N,5, Ua 26,y50- ©G qq)Sy s d11. 00 The costs of any work shown or required in the Plans and Specifications, but not specifically identified as a Pay Item are included in the related Pay Item(s), and no additional compensation shall be due CONTRACTOR by virtue of CONTRACTOR'S compliance with the Plans and Specifications. TOTAL AMOUNT BASE BID IN FIGURES $ 165 I , o ll - 00 TOTAL AMOUNT BASE BID IN WORDS ei h+ VN mdTerQ i�uqn I A011 i n-s Ckylet 7"fyr) (4.o0es Additive Alternate Bid Items r.t fi-`*zt; u;�"�^ lTEM S`ki * e x ., t,�rli ,UNIT a 3 aa>'.wa Yt ,tea +. z.ald ^ NO fM DESCWPt10N(QUANTITY�UNITS COSTz 'TOTAL .t..,�.:.'.t"^;:a'#&"1 AA-1 ADJUST MANHOLE FRAME AND COVER TO GRADE 1 EA $ U$POO.00 $ i 000.00 OTAL ADDITIVE ALTERNATE BID PRICE The costs of any work shown or required in the Plans and Specifications, but not specifically identified as a Pay Item are included in the related Pay Item(s), and no additional compensation shall be due CONTRACTOR by virtue of CONTRACTOR'S compliance with the Plans and Specifications. TOTAL ADDITIVE ALTERNATE BID AMOUNT IN FIGURES: $ 416N). 00 C-5 TOTAL ADDITIVE ALTERNATE BID AMOUNT IN WORDS: - oOVC dotwnM a►vO(-1 TAU-0 rLLY%-k TOTAL BASE BID PLUS ADDITIVE ALTERNATE BID AMOUNT IN FIGURES: $ $S0,oil. ©G TOTAL BASE BID PLUS ADDITIVE ALTERNATE BID AMOUNT IN WORDS: Notes: 1. Determination of the lowest bid shall be based solely on the lowest'TOTAL AMOUNT BASE BID bid item estimate of costs. 2. Unit Prices shall prevail over extended total and grand total prices. 3. Late bids will not be accepted. 4. The following "Description of Bid Items" are part of the Bid Schedule and shall be submitted with the Bid. See Witness/Notary Page, next page, Required with submitted Bid. IN WITNESS WHEREOF CONTRACTOR executed this Bid as of date set forth on Page C-1: By: , John Wong ?SVrj46ture Gust be notarized) Title: 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 3h0 ii>;>MTp adtna On Amysiv -)o , 20il before me, _0 A&W lam . r4oldied Pub personally appeared iM YVo J who roved to me on the basis of satisfactory evidence to be the person(pl whose name(p) asubscribed talhe within instrument and acknowledged to meth y executed the same inrlth�ir authorized capacitrity , and that by is /their signaturesW on the instrument the persopM, or the enpon behalf of ch the persons acted, executed the instrument. C-6 I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. WITNESS my ha d an official seal. Signat of Notary Public C-7 ELISA BETH Lim Xv% CWM*Wm ft 22SIOV SM ac"waaW COLMN My Comm SPM MA M 21. ems L`I