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HomeMy WebLinkAbout14 Award of Contract C37960EContract No. C37960E MEETING DATE: PREPARED BY: REQUEST: Recommendation STAFF REPORT CITY OF PALM DESERT PUBLIC WORKS DEPARTMENT November 18, 2021 Audrey Nickerson, Project Manager Award Contract No. C37960E to R Dependable Construction, Inc. of San Bernardino, California for City Council Chambers Renovation Project in the amount of $925,000.00 (Project No. 765-19) By Minute Motion: 1. Award Contract No. C37960E to R Dependable Construction, Inc. of San Bernardino, California for the City Council Chambers Renovation Project in the amount of $925,000.00; 2. Authorize the Director of Finance to set aside a contingency for unforeseen conditions in the amount of $100,000.00; 3. Authorize the City Manager or designee to review and approve written requests for the use of the contingency for unforeseen conditions up to the contingency amount; and 4. Authorize the City Manager or designee to execute the agreement and any documents necessary to effectuate the actions taken herewith. Funds are available in Account No. 4004161-4400100, R/M City Hall / Capital Project. Strategic Plan This action has no impact on achieving the goals set forth in the Strategic Plan. Background Analysis At its April 11, 2019, meeting, the City Council awarded Contract No. C37960A in the amount of $90,000.00 to Sillman Wright Architects of San Diego, California, for design consulting services for the interior improvements to the City Council Chamber. The scope of the design agreement included the following improvements: remove and replace carpet, remove and replace public seating, and address all ADA deficiencies within the Council Chamber, excluding the restrooms. The contract did not include bidding support or construction support. November 18, 2021 - Staff Report Award Contract No. C37960E to R Dependable Construction, Inc. Page 2of3 The design consultant submitted 90 percent complete plans to the City for review on March 3, 2020. Over the subsequent weeks as the COVID-19 pandemic unfolded, the City Council and City Manager reviewed revenue projections and expenditures and decided to suspend projects and other planned expenditures determined not to be essential services. On May 19, 2020, the Director of Public Works instructed the design consultant to suspend activity on the project. The City Council restored funding in the amount of $1,500,000 for the project with its adoption of the Fiscal Year 2021/2022 Capital Improvement Plan. To date, the City Council has authorized the following actions for the City Council Chambers Renovation project, including a total of $163,010 for the project design: • April 11, 2019 — Awarded Contract No. C37960A for design consulting services to Sillman Wright Architects of San Diego, California, in the amount of $90,000. • November 14, 2019 — City Council appointed two Council members to serve on a sub -committee and provide input regarding aesthetic features for proposed Council Chamber renovations. • February 13, 2020 — Approve Contract Amendment No. 1 for Contract No. C37960A with Sillman Wright Architects in the amount of $22,230 for design of the restrooms and Council Chambers Conference Room, and employee medical room. • Mav 19, 2020 - Director of Public Works instructed the design consultant to suspend activity on the project due to the COVID-19 pandemic. • June 24, 2021 — Approve Contract Amendment No. 2 for Contract No. C37960A with Sillman Wright Architects in the amount of $50,780 to complete the plans, add support for bidding and constructions, and minor additional audio-visual work. The Project was advertised for bid on September 17, 2021, and on October 26, 2021, four bids were received via the City of Palm Desert's online PlanetBids bidding portal with the following results: Contractor R Dependable Construction, Inc. Dalke & Sons Construction, Inc. Reed Family Enterprises, Inc. MLC Constructors, Inc. Location Total Base Bid San Bernardino, California $925,000.00 Riverside, California $1,011,819.00 Temecula, California $1,056,428.00 Corona, California $1,375,400.00 Staff reviewed the bid received from R Dependable Construction, Inc. and determined that they are the lowest responsible bidder submitting a responsive bid. November 18, 2021 - Staff Report Award Contract No. C37960E to R Dependable Construction, Inc. Page 3 of 3 Fiscal Analysis The adopted Fiscal Year 2021-22 Capital Improvements Project (CIP) budget includes $1,500,000 for the Council Chambers Renovation Project in Capital Project Account No. 4004161-4400100. The total cost of the project, including the recommended construction contract and construction contingency, will be within the total Project budget. As such, staff will be recommending under a separate staff report the transfer of a portion of the excess budget to the Development Services Lobby Renovations Project. The Project costs are summarized in the following table: Budget FY21/22 Design Services Construction Bid Award Contingency Transfer Funds to Project No. 727-20 Total *Bolded amounts are the subject of this request. LEGAL REVIEW Approved as to Form N/A Robert W. Hargreaves City Attorney DEPT. REVIEW Andy Firestine Andy Firestine Assistant City Manager City Manager: L. Todd Hileman: ATTACHMENTS 1. Contractor Proposal 2. Agreement and Bonds Budget $ 1,500,000 ($100, 000) $ 1,400,000 FINANCIAL REVIEW Zanet .141vo2& Janet M. Moore Director of Finance L . Todd h Levu.avt, Cost * $ 163,010 $ 925,000 $ 100,000 $ 1,188,010 ASSISTANT CITY MANAGER Andy Firestine Andy Firestine Assistant City Manager CITY COUNCIL AJTION APPROVED \/ DENIED RECEIVED OTHER MEETING DATE • f Torn AYESrtkAlrili 1_Al0�di+ fLtncle fO tartan NOES: NOW' ABSENT: NbY1Q ABSTAIN: Iv011w VERIFIED BY: --NIA" SrS Original on File with City Clerk's Office City of Palm Desert City Council Chambers Renovations (21-31), bidding on 10/26/2021 2:00 PM (PDT) Page 1 of 3 Printed 10/26/2021 Bid Results Bidder Details Vendor Name R DEPENDABLE CONST INC Address 1019 W 3RD ST SAN BERNARDINO, CA 92410, Ca United States Respondee Rosemary Padilla Respondee Title President Phone 909-381-2310 Email estimating@rdpconstinc.com Vendor Type CADIR License # 944088 CADIR 1000002054 Bid Detail Bid Format E ectronic Submitted 10/22/2021 8:32 AM (PDT) Delivery Method Bid Responsive Bid Status Submitted Confirmation # 269530 Respondee Comment Buyer Comment Attachments ifornia 92410 File Title File Name File Type Bid Documents - Signed.pdf Bid Documents - Signed.pdf General Attachment PlanetBids, Inc. City of Palm Desert City Council Chambers Renovations (21-31), bidding on 10/26/2021 2:00 PM (PDT) Page 2 of 3 Printed 10/26/2021 Line Items Discount Terms No Discount Item # Item Code Type Item Description UOM QTY Unit Price Line Total Response Comment Main Bid $925,000.00 1 1 Demolition lump sum 1 $43,750.00 $43,750.00 Yes 2 2 Concrete lump sum 1 $5,750.00 $5,750.00 Yes 3 3 Structural Steel lump sum 1 $60,525.00 $60,525.00 Yes 4 4 Masonry lump sum 1 $12,650.00 $12,650.00 Yes 5 5 Rebar lump sum 1 $10,350.00 $10,350.00 Yes 6 6 Metals lump sum 1 $31,900.00 $31,900.00 Yes 7 7 Rough Carpentry lump sum 1 $54,625.00 $54,625.00 Yes 8 8 Casework lump sum 1 $43,250.00 $43,250.00 Yes 9 9 Insulation lump sum 1 $4,800.00 $4,800.00 Yes 10 10 Caulking / Sealing lump sum 1 $8,300.00 $8,300.00 Yes 11 11 Doors/Frames/Hardware lump sum 1 $36,510.00 $36,510.00 Yes 12 12 Glazing lump sum 1 $41,800.00 $41,800.00 Yes 13 13 Gypsum Board Assembly lump sum 1 $37,000.00 $37,000.00 Yes 14 14 Flooring lump sum 1 $55,361.00 $55,361.00 Yes 15 15 Ceramic Tile lump sum 1 $40,203.00 $40,203.00 Yes 16 16 Acoustical Treatments lump sum 1 $9,500.00 $9,500.00 Yes 17 17 Painting lump sum 1 $28,950.00 $28,950.00 Yes 18 18 Specialties lump sum 1 $36,700.00 $36,700.00 Yes 19 19 Equipment lump sum 1 $5,400.00 $5,400.00 Yes 20 20 Signage lump sum 1 $4,600.00 $4,600.00 Yes 21 21 Fire Suppression lump sum 1 $29,700.00 $29,700.00 Yes 22 22 Plumbing lump sum 1 $61,000.00 $61,000.00 Yes 23 23 HVAC lump sum 1 $23,500.00 $23,500.00 Yes 24 24 Electrical lump sum 1 $134,500.00 $134,500.00 Yes 25 25 Communications lump sum 1 $34,376.00 $34,376.00 Yes 26 26 Lectern Allowance (Stipulated Amount) allowance 1 $20,000.00 $20,000.00 Yes 27 27 Allowance For Unknown or Changed Site Conditions (Stipulated Amount) allowance 1 $50,000.00 $50,000.00 Yes PlanetBids, Inc. City of Palm Desert City Council Chambers Renovations (21-31), bidding on 10/26/2021 2:00 PM (PDT) Page 3 of 3 Printed 10/26/2021 Line Item Subtotals Main Bid Section Title Line Total Grand Total S925,000.00 $925,000.00 PlanetBids, Inc. Contract No. CONTRACT FOR CONSTRUCTION This Contract for Construction ("Contract"), No. C37960E, is made and entered into this 18th day of November, 2021, by and between City of Palm Desert, a Charter City and municipal corporation, organized under the laws of the State of California, with its principal place of business at 73-510 Fred Waring Drive, Palm Desert, California 92260, sometimes hereinafter called the "City" and R Dependable Construction, Inc. of San Bernardino, California, 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: City of Palm Desert Council Chambers Renovation Project No. 765-19 Work consists of demolition of the existing finishes and restrooms, replacement of all finishes, full restroom renovations, and upgrades of existing improvements to comply with current ADA standards (access doors, ramp, handrails, and paths of travel). The 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 100 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 Nine hundred twenty-five thousand and 00/100 Dollars ($925,000.00). 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. City of Palm Desert Council Chambers Renovation Project No. 765-19 -1- CONTRACT FOR CONSTRUCTION Contract No. 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 $2,000 for each and every 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 City of Palm Desert Council Chambers Renovation Project No. 765-19 -2- CONTRACT FOR CONSTRUCTION Contract No. 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 City of Palm Desert Council Chambers Renovation Project No. 765-19 -3- CONTRACT FOR CONSTRUCTION Contract No. 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. City of Palm Desert Council Chambers Renovation Project No. 765-19 -4- CONTRACT FOR CONSTRUCTION Contract No. 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: 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. 5. Workers' Compensation Insurance. Contractor shall 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. 6. Pollution Liability Insurance. Reserved. 7. Builder's Risk Insurance. Reserved. 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 Coverage. Contractor shall procure and maintain for the duration of the contract insurance against claims for injuries to persons or damages to property, which may arise from or in connection with the performance of the Work hereunder by Contractor, its agents, representatives, employees or subcontractors. City of Palm Desert Council Chambers Renovation Project No. 765-19 -5- CONTRACT FOR CONSTRUCTION Contract No. 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. Primary/Non-Contributing. Coverage provided by Contractor shall be primary and any insurance or self-insurance procured or maintained by City shall not be required to contribute with it. The limits of insurance required herein may be satisfied by a combination of primary and umbrella or excess insurance. Any umbrella or excess insurance shall contain or be endorsed to contain a provision that such coverage shall also apply on a primary and non-contributory basis for the benefit of City before the City's own insurance or self-insurance shall be called upon to protect it as a named insured. 4. Products/Completed Operations Coverage. Products/completed operations coverage shall extend a minimum of three (3) years after project completion. Coverage shall be included on behalf of the insured for covered claims arising out of the actions of independent contractors. If the insured is using subcontractors, the Policy must include work performed "by or on behalf" of the insured. Policy shall contain no language that would invalidate or remove the insurer's duty to defend or indemnify for claims or suits expressly excluded from coverage. Policy shall specifically provide for a duty to defend on the part of the insurer. The City, its officials, officers, agents, and employees, shall be included as additional insureds under the Products and Completed Operations coverage. 5. Citv's Rights of Enforcement. In the event any policy of insurance required under this Contract does not comply with these requirements, or is canceled and not replaced, City has the right, but not the duty, to obtain the insurance it deems necessary and any premium paid by City will be promptly reimbursed by Contractor, or City will withhold amounts sufficient to pay premium from Contractor payments. In the alternative, City may cancel this Contract. 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 VII (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 Subrogation. All insurance coverage maintained or procured pursuant to this agreement shall be endorsed to waive subrogation against the City, its elected or appointed officers, agents, officials, employees and volunteers, or shall specifically allow Contractor or others providing insurance evidence in compliance with these specifications to waive their right of recovery prior to a loss. Contractor hereby waives its own right of recovery against the City, its elected or appointed officers, agents, officials, employees and volunteers and shall require similar written express waivers and insurance clauses from each of its subcontractors. 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 City of Palm Desert Council Chambers Renovation Project No. 765-19 -6- CONTRACT FOR CONSTRUCTION Contract No. of non-compliance with any requirement imposes no additional obligations on the City nor does it waive any rights hereunder. 9. Requirements Not Limiting. 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 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 Coverage Limitations. None of the coverages required herein will be in compliance with these requirements if they include any limiting endorsement of any kind that has not been first submitted to City and approved of in writing. 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 Right to Revise Requirements. The City or its Risk Manager reserves the right at any time during the term of the contract to change the amounts and types of insurance required by giving the Contractor ninety (90) Days advance written City of Palm Desert Council Chambers Renovation Project No. 765-19 -7- CONTRACT FOR CONSTRUCTION Contract No. 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. 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. City of Palm Desert Council Chambers Renovation Project No. 765-19 -8- CONTRACT FOR CONSTRUCTION Contract No. [REMAINDER OF PAGE LEFT INTENTIONALLY BLANK] City of Palm Desert Council Chambers Renovation Project No. 765-19 -9- CONTRACT FOR CONSTRUCTION Contract No. 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 R Dependable Construction, Inc. By: Kathleen Kelly Mayor ATTEST: By: Norma I. Alley, City Clerk APPROVED AS TO FORM: By: Best Best & Krieger LLP City Attorney [If Corporation, TWO SIGNATURES, President OR Vice President AND Secretary OR Treasurer REQUIRED] By: Its: Printed Name: By: Its: Printed Name: Contractor's License Number and Classification DIR Registration Number (CONTRACTOR'S SIGNATURE MUST BE NOTARIZED AND CORPORATE SEAL AFFIXED, IF APPLICABLE) END OF CONTRACT City of Palm Desert Council Chambers Renovation Project No. 765-19 -10- CONTRACT FOR CONSTRUCTION Contract No. 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 ❑ Partner(s) Title(s) Title or Type of Document ▪ Limited ▪ General Number of Pages ❑ Attorney -In -Fact ❑ Trustee(s) ❑ Guardian/Conservator ❑ Other: Signer is representing: Name Of Person(s) Or Entity(ies) City of Palm Desert Council Chambers Renovation Project No. 765-19 -11- Date of Document Signer(s) Other Than Named Above CONTRACT FOR CONSTRUCTION Contract No. BOND FORMS Performance Bond KNOW ALL PERSONS BY THESE PRESENTS: THAT WHEREAS, the City of Palm Desert, a Charter City and municipal corporation, organized under the laws of the State of California, with its principal place of business at 73-510 Fred Waring Drive, Palm Desert, California 92260, (hereinafter referred to as the "City") has awarded to R Dependable Construction, Inc., (hereinafter referred to as the "Contractor") an agreement for Contract No. C37960E, (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 September 17, 2021, (hereinafter referred to as "Contract Documents"), the terms and conditions of which are expressly incorporated herein by reference; and WHEREAS, the Contractor is required by said Contract Documents to perform the terms thereof and to furnish a bond for the faithful performance of said Contract Documents. NOW, THEREFORE, we, R Dependable Construction, Inc, the undersigned Contractor 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 Nine hundred twenty- five thousand and 00/100 DOLLARS, ($925,00.00), 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 City of Palm Desert Council Chambers Renovation Project No. 765-19 -12- BOND FORMS Contract No. 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 ii. Obtain a bid or bids for completing the Project in accordance with all terms and conditions in the Contract Documents and upon determination by Surety of the lowest responsive and responsible bidder, arrange for a Contract between such bidder, the Surety and the City, and make available as work progresses sufficient funds to pay the cost of completion of the Project, less the balance of the contract price, including other costs and damages for which Surety may be liable. The term "balance of the contract price" as used in this paragraph shall mean the total amount payable to Contractor by the City under the Contract and any modification thereto, less any amount previously paid by the City to the Contractor and any other set offs pursuant to the Contract Documents. 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. City of Palm Desert Council Chambers Renovation Project No. 765-19 -13- BOND FORMS Contract No. 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) City of Palm Desert Council Chambers Renovation Project No. 765-19 -14- BOND FORMS Contract No. 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 ❑ Partner(s) Title(s) Title or Type of Document ▪ Limited ▪ General Number of Pages ❑ Attorney -In -Fact ❑ Trustee(s) ❑ Guardian/Conservator ❑ Other: Signer is representing: Name Of Person(s) Or Entity(ies) Date of Document Signer(s) Other Than Named Above NOTE: This acknowledgment is to be completed for Contractor/Principal. City of Palm Desert Council Chambers Renovation Project No. 765-19 -15- BOND FORMS Contract No. 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 ❑ Partner(s) Title(s) Title or Type of Document ▪ Limited ▪ General Number of Pages ❑ Attorney -In -Fact ❑ Trustee(s) ❑ Guardian/Conservator ❑ Other: Signer is representing: Name Of Person(s) Or Entity(ies) 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 City of Palm Desert Council Chambers Renovation Project No. 765-19 -16- BOND FORMS Contract No. Payment Bond (Labor and Materials). KNOW ALL MEN BY THESE PRESENTS That WHEREAS, the City of Palm Desert, a Charter City and municipal corporation organized and operating under the laws of the State of California (hereinafter designated as the "City"), by action taken or a resolution passed November 18, 2021, has awarded to R Dependable Construction, Inc. hereinafter designated as the "Principal," a contract for the work described as follows: Contract No. C37960E (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 September 17, 2021, (hereinafter referred to as "Contract Documents"), the terms and conditions of which are expressly incorporated herein by reference; and WHEREAS, said Principal is required to furnish a bond in connection with said contract; providing that if said Principal or any of its Subcontractors shall fail to pay for any materials, provisions, provender, equipment, or other supplies used in, upon, for or about the performance of the work contracted to be done, or for any work or labor done thereon of any kind, or for amounts due under the Unemployment Insurance Code or for any amounts required to be deducted, withheld, and paid over to the Employment Development Department from the wages of employees of said Principal and its Subcontractors with respect to such work or labor the Surety on this bond will pay for the same to the extent hereinafter set forth. NOW THEREFORE, we, the Principal and R Dependable Construction, Inc. as Surety, are held and firmly bound unto the City in the penal sum of Nine hundred twenty-five thousand and 00/100 DOLLARS ($925,000.00) 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 City of Palm Desert Council Chambers Renovation Project No. 765-19 -17- PLANS AND DRAWINGS Contract No. 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 (Attach Attorney -in -Fact Certificate) Title City of Palm Desert Council Chambers Renovation Project No. 765-19 -18- Attorney-in-Fact PLANS AND DRAWINGS Contract No. 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 ❑ Partner(s) Title(s) Title or Type of Document ▪ Limited ▪ General Number of Pages ❑ Attorney -In -Fact ❑ Trustee(s) ❑ Guardian/Conservator ❑ Other: Signer is representing: Name Of Person(s) Or Entity(ies) Date of Document Signer(s) Other Than Named Above NOTE: This acknowledgment is to be completed for Contractor/Principal. City of Palm Desert Council Chambers Renovation Project No. 765-19 -19- PLANS AND DRAWINGS Contract No. 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 ❑ Partner(s) Title(s) Title or Type of Document ▪ Limited ▪ General Number of Pages ❑ Attorney -In -Fact ❑ Trustee(s) ❑ Guardian/Conservator ❑ Other: Signer is representing: Name Of Person(s) Or Entity(ies) 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 City of Palm Desert Council Chambers Renovation Project No. 765-19 -20- PLANS AND DRAWINGS