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HomeMy WebLinkAboutC30300 Fire Station Number 33 (613-09) and Number 71 (871-09) Renovation Project - Joint ConsiderationCITY OF PALM DESERT/PALM DESERT REDEVELOPMENT AGENCY CITY MANAGER'S OFFICE STAFF REPORT REQUEST: AUTHORIZE THE AWARD OF CONTRACT NO. C30300 TO THE PENTA BUILDING GROUP FOR THE FIRE STATION NO 33 (PROJECT NO. 613-09) AND FIRE STATION NO. 71 (PROJECT NO. 871-09) RENOVATION PROJECT. SUBMITTED BY: Stephen Y. Aryan, Assistant to the City Manager DATE: February 24, 2011 CONTENTS: Draft Contract No. C30300 Recommendation By Minute Motion, recommend that the Palm Desert City Council: 1. Approve the two project options of Landscaping and QuakeGuard System at Fire Station No. 33 and Fire Station No. 71 2. Authorize the Mayor to execute Contract No. C30300 to The PENTA Building Group in the amount not to exceed $848,149 (including Landscaping and QuakeGuard Options) for the Fire Station No. 33 (Project No. 613-09) and Fire Station No. 71(Project No. 871-09) Renovation Project. 3. Authorize the Finance Director to set aside the amount of $84,814.90 as 10 percent contingency (use of contingency requires additional action). Funds for this project are included in the 2010/2011 Redevelopment Agency Financial Plan in Project Areas No. 1 and No. 2, Account No. 850-4220-464-4001 and Account No. 851-4220-464- 4001. Executive Summary The City of Palm Desert currently has three fire stations serving the community. These facilities are Fire Station No. 33 (44-400 Town Center Way), Fire Station No. 67 (73-200 Mesa View Drive), and Fire Station No. 71 (73-995 Country Club Drive). Fire Station No. 67 recently underwent an extensive restoration in 2006. However, the remaining two stations (33 & 71) require renovation. Such renovation includes, but is not limited to, the addition of one restroom and remodel of existing restroom and dorm rooms; landscaping, kitchen and pantry remodel, signage; earthquake warning system installation; lobby reconfiguration, electrical wiring for placement of ceiling fans; and permanent locker installation. To date, the rear and front concrete aprons at Fire Station No. 33 are the only renovation component completed thus far. Staff recommends that the City Council award the PENTA Building Group Contract No. C30300 in an amount not to exceed $848,149.00, plus a 10% contingency. Staff Report: Fire Station Renovation Contract C30300 February 24, 2011 Page 2 of 5 Background On October 21, 2010, the Palm Desert City Council approved a renovation plan and priorities recommended by the Palm Desert Fire Department (CalFire) for Fire Station No. 33 and Fire Station No. 71. They also authorized staff to issue a Request for Proposal (RFP) for architectural services related to the comprehensive design of the proposed station renovation. Since this time, newly elected Governor Jerry Brown introduced his proposed State Budget, which includes the statewide elimination of redevelopment agencies. The City's Redevelopment Agency has budgeted, within two separate project areas, approximately $1.8 million for this project. To date, approximately $94,000 was utilized during the summer 2010 for the rear and front concrete aprons at Fire Station No. 33. Given the current economic climate and regular State revenue raids on Redevelopment Agency funds, the City Manager has requested staff to utilize up to $1 million dollars for the Fire Department's recommended renovation priorities. Given the current uncertainty surrounding the Governor's State budget proposal, staff recommends moving quickly in completing this project and subsequently prepared a Request for Proposals (RFP) to include Design/Build services. Proposers were requested to also submit a not -to -exceed cost for such services. Primary Project Scope Fire Station No. 33 1. Restrooms renovation/remodel-completely renovate the finish and fixtures (e.g. toilets, vanity, sinks, urinals, showers, faucets, counters, fan) while assessing for any mold. Also, the addition of a separate female restroom facility, by expanding into an existing locker area. 2. New landscaping (list as an option) — 5,500 square feet. 3. Quakeguard Earthquake Early Warning System (list as an option) 4. Patio area wall extension/landscape improvements to create a safety buffer between this area and high traffic roadway. 5. New ceiling fans installation at dorms, dayrooms, and office spaces, including all necessary electrical work, to improve ventilation. 6. Monument signage facing Town Center Way. Fire Station No. 71 1. Permanently affixed Apparatus Bay Metal Turn -out Lockers Installation of twenty (20) lockers. 2. New landscaping (list as an option) — 4,000 square feet 3. Quakeguard Earthquake Early Warning System (list as an option) 4. Reconfigure lobby area to meet ADA requirements and reconfigure existing workspaces to be permanently affixed. Staff Report: Fire Station Renovation Contract C30300 February 24, 2011 Page 3 of 5 5. Kitchen rehabilitation: replacing cabinets, replacing kitchen sink, cook-top/hood, and installing durable solid surface counter tops. Redesign portion of cabinets to permit placement of a second refrigerator. The pantry room requires renovation. 6. Dorm room remodel -Removal of old "Murphy Bed" design with the installation of permanent locker dividers, similar to the layout of the dorm at Fire Station No. 33. 7. Restroom renovation -completely renovate the finish and fixtures (e.g., toilets, vanity, sinks, urinals, counters, facets, counters, fan) while assessing for any mold. 8. Identification signage along exterior wall and permanent monument. 9. New ceiling fans installation at dorms, dayrooms, and office spaces, including all necessary electrical work, to improve ventilation. Landscaping Improvements (Optional) 1. Shall be provided as a separate and optional charge line item from the cost estimate. 2. Station No. 33: 5,500 Square Feet 3. Station No. 71: 4,000 Square Feet (along street frontage only) 4. Plant materials to include those listed within the City of Palm Desert's flora publication 5. Landscaping should be designed to be drought tolerant and require minimal to no maintenance. 6. The inclusion of one additional Washingtonia Filifera (minimum of 18 feet) at Station No. 71, to serve as an additional safety buffer between the fire station dayroom and a major arterial roadway. 7. The landscaping at the office entrance to Fire Station No. 33 is consistent with what is recommended for station landscaping. Quakeguard Earthquake Warning System (Optional) 1. Shall be provided as a separate and optional charge line item from the cost estimate. 2. Consists of the purchase and installation of two Quakeguard Earthquake Early Warning Systems (as provided by Seismic Warning Systems) at Fire Station No. 33 and Fire Station No. 71, for integration into the Coachella Valley Regional Earthquake Warning System (CREWS). Please note that staff excluded some of the original scope of the project (i.e. roof replacement/repair, painting, and wall repair/resurfacing) as the items were deemed maintenance related in nature and not eligible for Redevelopment Agency funding. Staff proposes to return with a recommendation and a not -to -exceed cost, utilizing non - obligated general fund monies, for these or other renovation issues that need addressing, upon completion of this project. Staff Report: Fire Station Renovation Contract C30300 February 24, 2011 Page 4 of 5 Bid Results On February 15, 2011, staff received and opened two sealed responses to this RFP. Below is a summary of the proposals received: COMPANY NAME BID AMOUNT The Penta Building Group (Palm Desert, CA) $675,209.00 Landscaping Option $98,428.00 QuakeGuard System Option $74,512.00 —TotalT $848,149.00 Doug Wall (Bermuda Dunes, CA) $610,096 Landscaping Option $23,720 QuakeGuard System Option $128,000 Total $761,816.00 Proposal Evaluation Method A RFP review committee comprised of City, RDA and Fire Department staff reviewed the two proposals. Each submitted RFP was scored by the committee as follows: 1. Proposal Score, including adjustment for reference checks (50%) - This score incorporates a review of each team's qualifications, management approach, technical approach/work plan, and response completeness. 2. Cost Score (40%) — Firms submitted a not to exceed cost for the entire project as indicated within the scope of work. 3. Location Score (10%) — A higher score was awarded to those teams located within the Coachella Valley. After evaluation of the RFP's by the review committee, the PENTA Building Group was scored higher unanimously on their total RFP package. The firm submitted a complete and comprehensive proposal that demonstrated thorough knowledge of the project and provided the detail requested in the original RFP. The Penta Building Group is well qualified, and has completed large scale renovations, including the recent successful completion of the expansion and renovation of the Desert Willow Clubhouse. Although Doug Wall Construction, Inc. submitted a lower not to exceed cost, their proposal scored much lower. This firm submitted incomplete components requested in the RFP document. It was the consensus of the review committee that this RFP was non -responsive. Please note that both firms have local offices in the Coachella Valley. Staff respectfully recommends that the City Council authorize award of Contract No. C30300 to The PENTA Building Group in the amount not to exceed $848,149 (including Landscaping and QuakeGuard Options) for the Fire Station No 33 (Project No. 613-09) and Fire Station No. 71(Project No. 871-09) Renovation Project; and authorize the amount of $84,814.90 as 10 percent contingency (use of contingency requires additional action). Staff Report: Fire Station February 24, 2011 Page 5 of 5 Fiscal Analysis Renovation Contract C30300 Funds for this project are included in the 2010/2011 Redevelopment Agency Financial Plan for Project Areas No. 1 and No. 2, Account No. 850-4220-464-4001 and Account No. 851-4220-464-4001. City Council approval authorizes staff to enter into Contract No. C30300 with the PENTA Building Group in an amount not to exceed $848,149, plus ten percent contingency. Staff will also negotiate with the PENTA Building Group and attempt to implement value engineering to further reduce the not to exceed cost whenever possible. Submitted By: CITY COUNCILAvION APPROVED DENIED RECEIVED OTHER Stephen Y. Aryan, Ass' tant to the City ManaVRETING DATE AYES: fi'/)6-N.HM941K qtkiwll NOES: Reviewed By: ABSENT: ABSTAIN: VERIFIED BY: Original on File with City derWs Office Paul S. Gibson, Director of Finance/City Treasurer Approved By: /�fL� BY RDA ON VERIFIED BY OOK IM Original on file with City lerk's Office DESIGN -BUILD CONTRACT BETWEEN THE CITY OF PALM DESERT AND DESIGN/BUILD CONTRACTOR FIRE STATIONS RENOVATION PROJECT FIRE STATION NO. 33 (PROJECT NO. 613-09) FIRE STATION NO. 71 (PROJECT NO. 871-09) CONTRACT NO. C30300 This Design -Build Contract ("Contract") is made and entered into this 24th_ day of February, 2010, by and between the CITY OF PALM DESERT ("CITY'), and DESIGN/BUILD CONTRACTOR (the "Design -Build Entity"), for the purpose of designing and constructing the FIRE STATIONS RENOVATION PROJECT. The CITY and the Design -Build Entity are herein collectively referred to as the "Parties." RECITALS A. The CITY desires to construct and operate the FIRE STATIONS RENOVATION PROJECT (the "Project") to be located in the City of Palm Desert. B. The CITY desires to contract with a single entity for design and construction of the Project, as set forth in this Contract. C. The Design -Build Entity submitted a Proposal for the Project, which was selected as providing the best value for the Project, and is prepared to enter into this Contract. In consideration of the above recitals and the mutual covenants and conditions set forth herein, and for good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged, the Parties hereby set forth their mutual covenants and understandings as follows: AGREEMENT 1. TERMS. 1.1 Incorporation of Documents. 1.2This Contract includes and hereby incorporates in full by reference the following Contract Documents, including all exhibits, drawings, specifications and documents therein, and attachments and addenda thereto: a. Request for Proposal ("RFP") b. All Attachments and Appendices to RFP, including: City of Palm Desert Fire Stations Renovation Project 1. Riverside Co, Fire Department Fire Station Building Programs Standards 2. Riverside County Fire Dept. Memorandum dated 10/28/09 c. Addenda No.(s) (acknowledge addenda) d. Design -Build Entity Proposal dated February 15, 2011 e. Contract f. General Conditions of the Design/Build Contract g. All CITY approved Change Orders h. Attachment 1 to this Contract — Non -Collusion Affidavit i. Attachment 2 to this Contract — Bid Bond j. Attachment 3 to this Contract — Faithful Performance Bond k. Attachment 4 to this Contract - Payment Bond 1.2.1 Acknowledgement of Contract Documents. The above documents constitute and may hereinafter be referred to as the "Contract Documents." In addition to signing this Contract, the Design -Build Entity shall review and execute where appropriate all the Attachments to this Contract described above. Also, the Design -Build Entity shall initial this paragraph immediately below acknowledging that he or she has read, understood and agrees with all of the terms of the Contract Documents, including, but not limited to, provisions of the General Conditions relating to indemnification, insurance, standards of performance, termination, compensation, and time of the essence performance. The Design -Build Entity shall not disclaim knowledge of the meaning and effect of any term or provision of the Contract Documents, and agrees to strictly abide by their meaning and intent. In the event that the Design -Build Entity fails to initial below, the CITY shall have the right to declare the Contract unexecuted and to award the Contract to another the Design -Build Entity in accordance with California Public Contract Code Section 5106. Design -Build Entity's Initials 2 City of Palm Desert Fire Stations Renovation Project 1.2.2 The Design -Build Entity's Basic Obligation. The Design -Build Entity promises and agrees, at its own cost and expense, to furnish to the CITY all labor, materials, tools, equipment, services, and incidental and customary work necessary to fully and adequately complete the Project, and all portions thereof, as described in the Contract Documents (hereinafter the "Scope of Work"), for a Lump Sum Amount of DOLLARS ($XXX,XXX.XX) as stated in the Proposal submitted by the Design -Build Entity and as attached to the RFP. Unless otherwise stated in the Contract Documents, the Lump Sum Amount shall pay for all costs and expenses required to design and construct the Project. 1.2.3 Extra Work. Extra Work shall have the meaning given to it in the General Conditions. Extra Work shall be compensated, and shall be initiated only upon written approval by the CITY as described in the General Conditions. 1.3 Standard of Performance. The Design -Build Entity's performance shall be consistent with the standards set forth in the Contract and the General Conditions. 1.4Period of Performance. The Design -Build Entity guarantees that it shall perform and complete all work necessary for Final Completion of the Project, as defined in the General Conditions, by the Guaranteed Completion Date ("GCD") of: one hundred twenty (120) consecutive calendar days from the date specified in the Notice to Proceed. Liquidated damages shall be $1,000 dollars per calendar day of delay. 1.5The CITY's Basic Obligation. The CITY agrees to engage and do hereby engage the Design -Build Entity as an independent contractor to furnish all materials and to perform all work described in the Scope of Work for the Project according to the terms and conditions herein contained for the Lump Sum Amount set forth above. Except as otherwise provided in the Contract, the CITY shall pay to the Design -Build Entity, as full consideration for the satisfactory performance by the Design -Build Entity of the services and obligations required by this Contract, the above referenced compensation in accordance with compensation provisions set forth in the Contract. 1.6CITY's Representative. The CITY hereby designates Stephen Y. Aryan as the person to act as its representative for the performance of this Contract ("CITY's Representative"). The CITY's Representative shall be authorized to act as liaison between CITY and the Design -Build Entity in the administration of this Contract and all work on the Project. 3 City of Palm Desert Fire Stations Renovation Project The CITY's Representative shall have the power to act on behalf of the CITY for all purposes under this Contract. CITY may designate new and/or different individuals to act as CITY's Representative from time to time upon written notice to the Design -Build Entity. 1.7 Design -Build Entity's Representative. The Design -Build Entity hereby designates , or his or her designee, to act as its representative for the performance of this Contract ("Design -Build Entity's Representative"). Design -Build Entity's Representative shall have full authority to represent and act on behalf of the Design -Build Entity for all purposes under this Contract. The Design -Build Entity's Representative shall supervise and direct all work on the Project, using his best skill and attention, and shall be responsible for all means, methods, techniques, sequences and procedures and for the satisfactory coordination of all portions of the work pursuant to this Contract. 1.8Design-Build Entity's Licensing. The Design -Build Entity shall have only appropriately licensed contractors performing work on the Project as required by the Business and Professions Code. The Design -Build Entity hereby designates (License No. XXXXXX) to act as the licensed general contractor for the Project. Design -Build Entity's general contractor shall perform all services required under the Contract Documents in a skillful and competent manner, consistent with the standards generally recognized as being employed by professionals qualified to perform such services in the same discipline in the State of California, and the Design -Build entity shall be fully responsible to the CITY for any damages and/or delays to the Project as specified in the indemnification provisions of the Contract. Any change in the general contractor shall be subject to the CITY's prior written approval, which approval shall not be unreasonably withheld. The new general contractor shall be of at least equal competence as the prior general contractor. In the event that CITY and Design -Build Entity cannot agree as to the substitution of a new general contractor, the CITY shall be entitled to terminate this Contract as described in the General Conditions. 1.9 Design -Build Entity's Designer of Record. The Design -Build Entity shall name a specific person to act as the Designer of Record as described in the General Conditions, subject to the approval of the CITY. The Design -Build Entity hereby designates (License No. XXXX) and (License No. XXXXXX) to act as the Designer of Record for the Project. Design -Build Entity's Designer of Record shall perform all services required under the Contract Documents in a skillful and competent manner, consistent with the standards generally recognized as being employed by professionals qualified to perform such services in the same discipline in the State of California, and the Design -Build entity shall be fully responsible to the CITY for any damages and/or delays to the Project as specified in the indemnification provisions of the Contract. Any change in the Designer of Record shall be subject to the CITY's prior written approval, 4 City of Palm Desert Fire Stations Renovation Project which approval shall not be unreasonably withheld. The new Designer of Record shall be of at least equal competence as the prior Designer of Record. In the event that CITY and Design -Build Entity cannot agree as to the substitution of a new Designer of Record, the CITY shall be entitled to terminate this Contract as described in the General Conditions. 1.10 Design -Build Entity's Indemnification. The Design -Build Entity agrees to protect, save, defend and hold harmless, to the greatest extent provided by law, the CITY, its governing board and each member thereof, its officers, agents and employees from any and all claims, liabilities, reasonable expenses or damages of any nature, including reasonable attorney's fees, for injury or death of any person, or damage to property, or interference with the use of property arising out of the negligent acts, errors or omission, or willful misconduct by the Design -Build Entity, the Design -Build Entity's agents, officers, employees, sub - consultants, or independent consultants hired by the Design -Build Entity to provide services pursuant to this Contract. The only exception to the Design -Build Entity's responsibility to protect, save, defend and hold harmless the CITY is where a claim, liability, expense or damage occurs due to the sole negligence or willful misconduct of the CITY. This hold harmless provision shall apply to all liability, as provided for above, regardless of whether any insurance policies are applicable. Insurance policy limits do not act as a limitation upon the amount of the indemnification to be provided by the Design -Build Entity. In claims against any person or entity indemnified under this provision, that are made by an employee of the Design -Build Entity or any Subcontractor, a person indirectly employed by the Design -Build Entity or any Subcontractor, or anyone for whose acts the Design -Build Entity or any Subcontractor may be liable, the indemnification obligation under this provision shall not be limited by any limitation on amount or type of damages, compensation, or benefits payable by or for Design -Build Entity or any Subcontractor under workers' compensation acts, disability benefit acts, or other employee benefit acts or any other insurance limitations. The indemnification obligations under this provision shall not be limited by any assertion or finding that the person or entity indemnified is liable by reason of a non -delegable duty. Joint and Several Liability shall apply to the Design -Build Entity. In the event the Design -Build Entity and one or more than one other party is connected with an accident or occurrence covered by this indemnification, then all such parties shall be jointly and severally responsible to each of the Indemnitees for indemnification, and the ultimate responsibility among such indemnifying parties for the loss and expense of any such indemnification shall be resolved without jeopardy to any indemnitee listed herein. 1.10.1 Design -Build Entity's Insurance Requirements Insurance requirements are contained within the General Conditions of the Design/Build Contract, attached hereto and made a part hereof. 5 City of Palm Desert Fire Stations Renovation Project 1.10.2 Waiver of Consequential Damages. Notwithstanding paragraph 1.10 of the Design -Build Contract, the Contractor and CITY waive all claims against each other for all consequential damages arising out of or related to this contract. This mutual waiver includes: Damages incurred by the CITY for rental expenses, for losses of use, income, profit, financing, business and reputation, and for loss of management or employee productivity or of the services of such persons; and damages incurred by the Contractor for principal office expenses including compensation of personnel stationed there, for losses of financing, business and reputation, and for loss of profit except anticipated profit arising directly from the Work. 1.11 The Design -Build Entity's Labor Certification. The Design -Build Entity maintains that it is aware of the provisions of Section 3700 of the California Labor Code which require every employer to be insured against liability for Worker's Compensation or to undertake self-insurance in accordance with the provisions of that Code, and agrees to comply with such provisions before commencing the performance of all work described in the Scope of Work for the Project. 1.12 Labor Code Compliance. The Design -Build Entity shall comply with the prevailing wage provisions of the California Labor Code and the prevailing wage rate determinations of the Department of Industrial Relations. A copy of these rates shall be posted at the job site. It shall be mandatory upon the Design -Build Entity and all subcontractors to comply with all Labor Code provisions, which include but are not limited to prevailing wages, employment of apprentices, hours of labor, and debarment of the Design -Build Entities and subcontractors. 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 as follows: "I am aware of the provisions of Section 3700 of the California Labor Code which requires every employer to be insured against liability for worker's 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." 1.13 Attorneys' Fees. If either party commences an action against the other party, either legal, administrative or otherwise, arising out of or in connection with this Contract, the prevailing party in such action shall be entitled to have and recover from the losing party reasonable attorneys' fees and all other costs of such action. 6 City of Palm Desert Fire Stations Renovation Project 1.14 Successors. The parties do for themselves, their heirs, executors, administrators, successors, and assigns agree to the full performance of all of the provisions contained in this Contract. The Design -Build Entity may not either voluntarily or by action of law, assign any obligation assumed by the Design -Build Entity hereunder without the prior written consent of the CITY. 1.15 Notices. All notices hereunder and communications regarding interpretation of the terms of the Agreement or changes thereto shall be provided by the mailing thereof by registered or certified mail, return receipt requested, postage prepaid and addressed as follows: DESIGN -BUILD ENTITY: DESIGN/BUILD CONTRACTOR Street Address City, State, Zip Telephone: (XXX) XXX-XXXX Facsimile: (XXX) XXX-XXXX Attn: CITY: CITY OF PALM DESERT 73-510 Fred Waring Drive Palm Desert, CA 92260 Telephone: (760) 346-0611 Facsimile: (760) 341-6372 Attn: John M. Wohlmuth, City Manager Any notice so given shall be considered received by the other party three (3) days after deposit in the U.S. Mail, first class postage prepaid, addressed to the party at the above address. Actual notice shall be deemed adequate notice on the date actual notice occurred, regardless of the method of service. 1.16 Attachments. All Attachments referenced in this Contract are incorporated into the Contract by this reference. 1.17 Recitals. The above referenced recitals are true and correct and are incorporated into this Contract by this reference. City of Palm Desert Fire Stations Renovation Project 1.18 Authority of Signatories. The persons executing this Contract on behalf of their respective Parties represent and warrant that they have the authority to do so under law and from their respective Parties. ON BEHALF OF THE DESIGN -BUILD ENTITY: DESIGN/BUILD CONTRACTOR NAME By:_ Name: Title: Federal Tax Identification No. ON BEHALF OF THE CITY: CITY OF PALM DESERT By:_ Name: Title: ATTEST: Rachelle D. Klassen, City Clerk Approved as to Form By: Name: Dave Erwin Title: City Attorney Approved as to Content: By: Name:Stephen Y. Aryan Title: Assistant to the City Manager r 8 City of Palm Desert Fire Stations Renovation Project ATTACHMENT 1 NON -COLLUSION AFFIDAVIT To be Executed by Bidder and Submitted with Bid STATE OF CALIFORNIA ) SS COUNTY OF ) being first duly sworn, deposes and says that he/she is of , the party making the foregoing bid; that the bid is not made in the interest of, or on behalf of any undisclosed person, partnership, company, association, organization, or corporation; that the bid is genuine and not collusive or sham; that the bidder has not directly or indirectly induced or solicited any other bidder to put in a false or sham bid, and has not directly or indirectly colluded, conspired, connived, or agreed with any bidder or anyone else to put in a sham bid, or that anyone shall refrain from bidding; that the bidder has not in any manner, directly or indirectly, sought by agreement, communication, or conference with anyone to fix the bid price of the bidder or any other bidder, or to fix any overhead, profit, or cost element of the bid price, or of that of any other bidder, or to secure any advantage against the pubic body awarding the contract of anyone interested in the proposed contract; that all statements contained in the bid are true; and, further, that the bidder has not, directly or indirectly, submitted his or her bid price or any breakdown thereof, or the contents thereof, or divulged information or data relative thereto, or paid, and will not pay, any fee to any corporation, partnership, company, association, organization, bid depository, or to any member or agent thereof to effectuate a collusive or sham bid. By: Signature Title: CONTRACTOR State of California County of Subscribed and sworn to (or affirmed), before me this day of (month), 20 (year), by „ proved to me on the basis of satisfactory evidence to be the person who appeared before me. Signature of Notary: County and State Notary Public in and for said (seal of notary) Page 1 ATTACHMENT 2 BIDDER'S BOND To Accompany Proposal KNOW ALL MEN BY THESE PRESENTS, That we, as principal, and as surety, are held and firmly bound unto the City of Palm Desert in the sum of $ (10% of bid) to be paid to the said City or its certain attorney, its successors and assigns; for which payment, well and truly to be made, we bind ourselves, our heirs, executors and administrators, successors or assigns, jointly and severally, firmly by these presents. THE CONDITION OF THIS OBLIGATION IS SUCH, that if the certain proposal of the above bounden principal to perform certain work described as follows: FIRE STATIONS RENOVATION PROJECT FIRE STATION NO. 33 (PROJECT NO. 613-09) FIRE STATION NO. 71 (PROJECT NO.871-09) CONTRACT NO. C30300 The general items of work to be done hereunder consist of: professional architectural, engineering, and technical services required for the renovation of two City of Palm Desert Fire Stations. Services will include, but not be limited to 1) design services 2) construction drawings, 3) permitting, and 4) construction of the improvements. and dated is accepted by the City of Palm Desert, and if the above bounden principal shall duly enter into and execute a contract for such construction, and shall execute and deliver the Performance Bond and Payment Bond and insurance certificates as required by said contract, then this obligation shall become null and void; otherwise it shall be and remain in full force and effect. Should it become necessary for the City to institute a lawsuit, or any other legal proceeding to enforce the terms and conditions of this bond, then all costs of said proceeding, including attorney's fees, shall be awarded to the prevailing party. [Remainder of this page has intentionally been left blank. Signature blocks are contained on the next page] IN WITNESS WHEREOF, We hereunto set our Hands and Seals this day of 20 Contractor's Name: Contractor's Signature: Title: Address: Telephone: Surety's Name: Surety's Signature: Title: Address: Telephone: Acknowledgment 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 (Seal) ATTACHMENT 3 PERFORMANCE BOND KNOW ALL MEN BY THESE PRESENTS: That whereas the City of Palm Desert has awarded to hereinafter designated as the "Principal", a contract for: FIRE STATIONS RENOVATION PROJECT FIRE STATION NO. 33 (PROJECT NO. 613-09) FIRE STATION NO. 71 (PROJECT NO. 871-09) CONTRACT NO. C30300 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 Dollars ($ ), 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 above bounded Principal, his executors, heirs, administrators, and successors, or assigns, shall in all things stand to and abide by, and well and truly keep and perform the covenants and agreements in the said contract and any alterations thereof made as therein provided, on his or their part, to be kept and performed at the time and in the manner therein specified, and in all respects according to their true intent and meaning, and shall indemnify and save harmless the City, its officers and agents, as therein stipulated, then this obligation shall become null and void; otherwise, it shall be and remain in full force and virtue. And the said Surety, for value received, hereby stipulates and agrees that no change, extension of time, alteration or addition to terms of the contract or to the work to be performed there under or the specifications accompanying the same shall in any wise affect its obligations on this bond, and it does hereby waive notice of any such change, extension of time, alterations or additions to the terms of the contract or to the work or the specifications. Should it become necessary for the City to institute a lawsuit or any other legal proceeding to enforce the terms and conditions of this bond, then all costs of said proceeding, including attorneys' fees, shall be awarded to the prevailing party. 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 SURETY M INSURANCE COMPANY and/or AGENT ADDRESS TELEPHONE NUMBER State of California ) County of ) On before me, personally appeared PRINCIPAL M , who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. WITNESS my hand and official seal. Signature (Seal) ATTACHMENT 4 PAYMENT BOND KNOW ALL MEN BY THESE PRESENTS: THAT WHEREAS, the City of Palm Desert (sometimes referred to hereinafter as "Obligee") has awarded to (hereinafter designated as the "PRINCIPAL"), an agreement dated described as follows: FIRE STATIONS RENOVATION PROJECT: Fire Station No. 33 (Project No. 613-09) and Fire Station No. 71 (Project No. 871-09), Contract No. C30300, (hereinafter referred to as the "Contract"); and WHEREAS, said PRINCIPAL is required to furnish a bond in connection with said Contract, and pursuant to Section 3247 of the California Civil Code; NOW, THEREFORE, we, the undersigned 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 notices under Section 3181 of the California Civil Code, in the sum of Dollars ($ ), said sum being not less than one hundred percent (100%) of the total amount payable by the said Obligee 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 heirs, executors, administrators, successors or assigns, or Subcontractors, shall 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, or to pay any person 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 from the wages of employees of said CONTRACTOR and his or its Subcontractors pursuant to Section 13020 of the Unemployment Insurance Code with respect to such work and labor as required by the provisions of Section 3247 through 3252 of the Civil Code, or for any amounts required to be deducted, withheld, and paid over to the Franchise Tax Board or Internal Revenue Service from the wages of employees of the CONTRACTOR or his or its Subcontractors, the Surety or Sureties hereon will pay for the same in an amount not exceeding the sum specified in this bond, otherwise the above obligation shall be void. In addition to the provisions herein above, it is agreed that this bond will inure to the benefit of any and all persons, companies and corporations entitled to serve stop notices under Section 3181 of the Civil Code, so as to give a right of action to them or their assigns in any suit brought upon this bond. The Surety, for value received, hereby stipulates and agrees that no change, extension of time, alteration or addition to the terms of the said Contract or to the work to be performed thereunder or the Specifications accompanying the same 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 or to the Specifications. No final settlement between the Obligee and the CONTRACTOR hereunder shall abridge the right of any beneficiary hereunder, whose claim may be unsatisfied. CONTRACTOR and Surety agree that if the Obligee is required to engage the services of an attorney in connection with the enforcement of the bond, each shall pay Obligee's reasonable attorney's fees incurred, with or without suit, in addition to the above sum. IN WITNESS WHEREOF, we have hereunto set our hands and seals this day of , 20 PRINCIPAL/CONTRACTOR: SURETY: (Typed Name of CONTRACTOR) (Typed Name of Surety) By: (Signature) (Typed Name and Title) The rate of premium on this bond is $ M (Signature of Attorney -in -Fact) (Typed Name of Attorney -in -Fact) The total amount of premium charged: $ (the above must be filled in by corporate surety). per thousand. 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. Any claims under this bond may be addressed to: (Name, Address and Telephone No. of Surety) (Name, Address and Telephone No. of agent or representative for service of process in California if different from above) Acknowledgment State of California ) County of ) C970 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 (Seal)