HomeMy WebLinkAboutC38090 2019 Citywide Striping 564-19CONTRACT NO. C38090
STAFF REPORT
CITY OF PALM DESERT
PUBLIC WORKS DEPARTMENT
MEETING DATE: August 22, 2019
PREPARED BY: Randy Bowman, Project Manager
REQUEST: Award Contract No. C38090 to Cal -Stripe, Inc., of Colton,
California, for the 2019 Citywide Striping Project in the amount of
$289,999 (Project No. 564-19).
Recommendation
By Minute Motion:
Award Contract No. C38090 in the amount of $289,999 to Cal -Stripe, Inc.
of Colton, California, for the 2019 Citywide Striping Project.
2. Authorize the Director of Finance to set aside a 10 percent contingency in
the amount of $29,000.
3. Authorize the City Manager or designee to review and approve written
requests for the use of contingency for unanticipated conditions.
4. Authorize the Mayor to execute the Agreement.
Funds are available in Measure A Fund Account No. 2134315-4332000, R/M Streets -
Citywide Striping.
Strateaic Plan
The Citywide Striping Project is an ongoing maintenance activity and, as such, does not
contribute directly to the objectives of the Strategic Plan.
Backaround Analvsis
The 2019 Citywide Striping Program will repaint or paint all lane lines, stop bars, symbols,
arrows, and crosswalk stripes on public roadways as shown on Exhibit A-1 and Exhibit
A-2.
Bids for the project were initially opened on May 14, 2019. Following the bid opening, the
highest bidder called into question whether all bidders interpreted the technical
specifications contained within the bid documents in the same manner. On June 13,
2019, the City Council, by Minute Motion, approved rejecting all bids and directed staff to
re -advertise for bids.
August 22, 2019 - Staff Report
Award Contract No. C38090 to Cal -Stripe Inc. for Project No. 564-19
Page 2 of 2
The Project was appropriately re -advertised for bid, and on July 16, 2019, sealed bids
were received and opened by the Office of the City Clerk with the following results:
Contractor
Location
Bid Amount f
Cal -Stripe Inc.
Colton, CA
$289,999.00
Superior Pavement Markings
Beaumont, CA
$344,975.00
Chrisp Company
Fremont, CA
$479,864.00
PCI
Azusa, CA
$565,000.00
Fiscal Analvsis
This project is an ongoing maintenance activity included in the CIP Budget for Fiscal Year
2019/20; therefore, there is no fiscal impact beyond the contract amount.
LEGAL REVIEW DEPT. REVIEW FINANCIAL CITY MANAGER
Approved as to Form REVIEW
N/A
Robert W. Hargreaves Tom Garcia, P.E. J t M. Moore Lauri Aylaian
City Attorney Director of Public Works Director of Finance City Manager
CONTRACTOR: Cal -Stripe Inc.
2040 East Steel Road
Colton, CA 92324
ATTACHMENTS: 1) Contractor's Bid
2) Agreement and Bonds
3) Exhibits A-1 and A-2
C — CONTRACTOR'S BID
2019 CITYWIDE STRIPING
PROJECT NO.564-19
CONTRACT NO. C38090
TO: CITY OF PALM DESERT, "CITY"
DATE: _ /" r—' o?Dl,?
BIDDER: �Oj-l�Vpr m!- . "CONTRACTOR"
The UNDERSIGNED, "CONTRACTOR", having carefully examined the site and the
Contract Documents for the construction of, 2019 CITYWIDE STRIPING, PROJECT NO.
564-19, CONTRACT NO. C38090, hereby proposes to construct the work in accordance
with the Contract Documents, including Addenda No(s). - for the amount stated
in this Bid.
By submitting this Bid, the Contractor agrees with the City:
1. That unless withdrawn in person by CONTRACTOR or some person authorized in
writing by CONTRACTOR before the time specified in the Notice Inviting Bids for
the public opening of bids, this Bid constitutes an irrevocable offer for 90
calendar days after that date.
2. The CITY has the right to reject any or all Bids and to waive any irregularities or
informalities contained in a Bid.
3. That the contract shall be awarded only by the governing body of CITY. Said
contract shall only be deemed awarded after the CONTRACTOR'S complete
submission of all contract documents, bonds, insurance documentation, and the
CITY shall obtain all necessary signatures of the governing body, at which time
the contract shall be deemed awarded.
4. To submit to CITY such information as CITY may require to determine the Bidder's
financial standing experience and to perform the work.
5. That the accompanying cash, certified or cashier's check or Bid Bond constitutes
a guarantee that if awarded the contract, CONTRACTOR will execute the
Agreement and deliver the required bonds and certificates of insurance within 10
days after notice of award. If CONTRACTOR fails to execute and deliver said
documents, the cash, check or B i d B o n d is to be charged with the costs of
the resultant damages to CITY, including but not limited to publication costs, the
difference in money between the amount bid and the amount in excess of the bid
which costs CITY to do or cause to be done the work involved, lease and rental
costs, additional salaries and overhead, increased interest and costs of funding
the project, attorney expense, additional engineering and architectural expense
C-1
and cost of maintaining or construction alternate facilities occasioned by the failure
to execute and deliver said documents.
6. It is understood that the quantities shown hereon, except for those quantities
marked "Lump Sum", are estimates and the final payment will be based upon
the actual work performed, subject to such adjustment and alterations as
elsewhere provided herein.
7. It is understood that the quantities for items 3, 4 and 5 shown hereon are estimates
are to be assigned by the City to the contractor on a work order basis within the
duration of the contract. The City shall issue work order or orders to the Contractor
during the contract for the installation of red paint on curbs at locations directed by
the City. The Contractor shall provide a unit cost for mobilization per work order,
and a unit cost per lineal foot for painting red curb and a unit cost per lineal foot for
removing red curb paint. The unit costs for Items 3, 4 and 5 shall cover all costs
incurred by the Contractor to perform the work, including labor, equipment,
materials, and temporary traffic control. The Contractor shall be responsible for
posting temporary no parking signs at the locations in the work order no less than
48 hours in advance of the work.
i *{r #� �(� �, g. �•° i �,^„�T{�"`7 ,�� '` '.,•ftmif
.y..ti, '}r'C
1 Repaint Pavement Markings per LS 1 �I, oy $ o "'
Exhibit A-1 '! t, L4 S
2 Paint Pavement Markings and LS 1 $ $
Install Pavement Markers per
Exhibit A-2 3�-tau' 34zt0--
3 Curb Painting Mobilization PER 5 $ $
WORK Zcco i (f �.
ORDER
4 Paint Red Curb LIN FT 1000 $ l A-57 $ t
5 Remove Red Curb Paint LIN FT 500 $ $ $
TOTAL BID PRICE V°EWa 8g, cir Po
The costs of any work shown or required in the Plans and Specifications, but not
specifically identified as a Pay Item are included in the related Pay Item(s), and no
additional compensation shall be due CONTRACTOR by virtue of CONTRACTOR'S
compliance with the Plans and Specifications.
TOTAL AMOUNT BASE BID IN FIGURES $ cU!, q99 •c
TOTAL AMOUNT BASE BID IN WORDS �i11
o �n t? ;�- t i�L` io% d,
M
IN WITNESS WHEREOF CONTRACTOR ex��e__c__u__..ted this Bid as of date set forth on Page
Signature (must be notarized)
Title: r-7 . Ak .
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 of5AN &Ek�jAf0++�zo
On -1 - I :)-. ,20before me, LoP- Atr.SC CNZ-Z- K3,6T0hvf-`f 00et...tC
personally appeared -:� Tt�N fr F ICJ
wh
o proved to me on the basis of
satisfactory evidence to be the person(-$) whose name(S)Gtare subscribed to the within
instrument and acknowledged to me that ashe/they executed the same ini /her/their
authorized capacity(4-s , and that by Q7her/their signatures(() on the instrument the
person(), or the entity upon behalf of which the perso, 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. + , , LORRAINE CALE
Commission No 2151W9
NOTARY PUBLIC-CAUFORNIA
'-'S-� SAS BERNAROINO COUNTY '.
(1, ) Signature of Notary Public MYC-- Emm MY2E.MQ
C-3
CONTRACT NO. C38090
AGREEMENT
THIS AGREEMENT is made and entered into this 22"d day of Auaust 2019, by and
between City of Palm Desert, California; hereafter called "CITY," and Cal -Stripe, Inc.
hereinafter called "CONTRACTOR."
W I T N E S S E T H
RECITALS:
CONTRACTOR has submitted to CITY its Contractor's Bid for the construction of
CITY Project,
2019 CITYWIDE STRIPING, PROJECT NO.564-19; CONTRACT NO. C38090, in
strict accordance with the Contract Documents identified below, and CITY has
accepted said Bid.
2. CONTRACTOR states that it has re-examined its CONTRACTOR'S Bid and found
it to be correct, has ascertained that its Subcontractors are properly licensed and
possess the requisite skill and forces, has examined the site and Contract in
accordance with the Contract Documents for the money set forth in its Bid to be
paid as provided in the Contract Documents.
AGREEMENT:
IT IS AGREED BY THE PARTIES AS FOLLOWS:
Contract Documents: The entire contract consists of the following: (a) The
Agreement, (b) The Notice Inviting Bids, (c) The Instruction to Bidders, (d) The
Contractor's Bid, (e) Public Works Contractor DIR Registration Certification, (f)
Noncollusion Declaration, (g) The Bidder's Bond, (h) Performance Bond, (i) The
Payment Bond, (j) General Specifications, (k) The Special Provisions, (1) The
Standard Specifications as modified in other portions of the Contract Documents,
(m) The Plans, (n) Any Change Orders issued, (o) Any additional or supplemental
specifications, notices, instructions and drawings issued in accordance with the
provisions of the Contract Documents (p) The Determination of Prevailing Wage
Rates for Public Works, (q) Addenda No.(s) 1. All of said Documents presently in
existence are by this reference incorporated herein as if here set forth in full and
upon the proper issuance of their documents they shall likewise be deemed
incorporated.
2. Contractor shall commence the work within ten calendar days after the date of
the Notice to Proceed and will do all things necessary to construct the work
generally described in Recital No. 1 in accordance with the Contract Documents
and will complete said work within 90 Calendar Days from the Notice to Proceed
date to the satisfaction of the Engineer.
Agreement — Page 1
CONTRACT NO. C38090
3. Contractor agrees to indemnify, defend and save CITY and its officers, agents
and employees, and the Engineer harmlessfrom:
a Any and all liability, claims, damages, losses or injuries to any person or
other entity, including injury to Contractor's employees, and all claims
which arise from or are connected with the negligent performance of or
failure to perform the work or other obligations of this Agreement, or which
are caused or which are claimed to be caused by the negligent or
intentional acts or omissions of Contractor, its subcontractors, its agents
or employees, and, all expenses of investigating and defending against
same,
b. Any and all liability, claims, damages, losses or injuries to any and all
contractors, subcontractors, material -men, laborers, or any other person,
firm or corporation furnishing or supplying work, services, materials or
supplies in connection with the performance of the Agreement.
c. Attention is directed to the General Specifications - Claims, Liability, and
Indemnity Agreement/Hold Harmless sections, which specifications are
made part of this Agreement as set forth in Agreement paragraph 1, above.
d Attention is directed to Section 6-9, "Liquidated Damages" of the
Standard Specifications and is hereby amended to substitute the "City of
Palm Desert" in place of "Agency." Liquidated damages shall be$1,000.00
per calendar day of delay.
4. Should any litigation or arbitration be commenced between the parties concerning
the works of improvements as referenced herein, the prevailing party in any such
litigation, being the CITY or the Contractor, should be entitled to a reasonable
sum for attorney's fees incurred in any such litigation relating to this Contract.
5. This Agreement shall be binding upon all parties hereto and their respective
heirs, executors, administrators, successors, and assigns.
6. Contractor shall be paid in the manner set forth in the Contract Documents the
amount of its Bid as accepted by CITY, subject to such additions and deductions
as may be made pursuant to the Contact Documents and applicable law.
Satisfactory Performance: The prime Contractor agrees to pay each Subcontractor
under this prime contract for satisfactory performance of its contract no later than
10 days from the receipt of each payment the prime Contractor receives from City
of Palm Desert. Any delay or postponement of payment from the above
referenced time frame may occur only for good cause following written approval
of the City of Palm Desert.
Agreement — Page 2
CONTRACT NO. C38090
Release of Retention: The prime Contractor agrees further to release retention
payments to each Subcontractor within 30 days after the Subcontractor's work is
satisfactorily completed. Any delay or postponement of payment from the above
referenced time frame may occur only for good cause following written approval of
the City of Palm Desert.
7. Provisions Required by Law and Contractor Compliance. Each and every
provision of law required to be included in these Contract Documents shall be
deemed to be included in these Contract Documents. The Contractor shall comply
with all requirements of applicable federal state and local laws, rules and
regulations, including but not limited to the provisions of the California Labor
Code and the California Public Contract Code.
8. Execution of the Agreement by the parties constitutes their agreement to abide
by all applicable provisions of the California Labor Code; constitutes contractor's
certification that he is aware of the provisions of said Code and will comply with
them; and further constitutes Contractor's certification asfollows:
"I am aware of the provisions of Section 3700 of the California Labor Code which
requires every employer to be insured against liability for workers' compensation
or to undertake self-insurance in accordance with the provisions of that Code,
and I will comply with such provisions before commencing the performance of the
work of this contract."
IN WITNESS WHEREOF the parties hereto have executed or caused to be
executed by their duly authorized officials, this Agreement which shall be deemed an
original on the date first above written.
CONTRACTOR:
BY:
(Signature to be notarized)
TITLE:
CITY:
BY:
TITLE: Citv Manaaer of Palm Desert. CA
APPROVED AS TO CONTENT:
TOM GARCIA, P.E.
DIRECTOR OF PUBLIC WORKS
ATTEST BY:
TITLE:
ATTEST BY:
TITLE: Citv Clerk of Palm Desert, CA
APPROVED AS TO FORM:
ROBERT W. HARGREAVES
CITY ATTORNEY
Agreement — Page 3
CONTRACT NO. C38090
CONTRACTOR ACKNOWLEDGMENT
A notary public or other officer completing this certificate verifies only the identity of
the individual who signed the document, to which this certificate is attached, and not
the truthfulness, accuracy, or validity of that document.
State of California )
County of )
On , 20 , before me, ,
a Notary Public, personally appeared 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
Agreement — Page 4
CONTRACT NO. C38090
PERFORMANCE BOND
KNOW ALL MEN BY THESE PRESENTS: That whereas the City of Palm Desert
has awarded to Cal -Stripe, Inc. hereinafter designated as the "Principal", a contract for:
2019 CITYWIDE STRIPING
PROJECT NO. 564-19
CONTRACT NO. C38090
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, Cal -Stripe, Inc. 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 Two Hundred Eighty -Nine
Thousand. Nine Hundred Ninety -Nine Dollars ($ 289,999.00), being 100% of the contract
amount in lawful money of the United States of America for the payment of which sum
well and truly to be made, we hereby bind ourselves, our heirs, executors, administrators,
and successors, jointly and severally, firmly by these presents.
THE CONDITION OF THIS OBLIGATION IS SUCH, that if the Contractor, his or
its heirs, executors, administrators, successors or assigns, shall in all things stand to
and abide by, and well and truly keep and perform the covenants, conditions and
agreements in the contract Documents and any alteration thereof made as therein
provided, on its part, to be kept and performed at the time and in the manner therein
specified, and in all respects according to their intent and meaning; and shall faithfully
fulfill all obligations including the one (1) year guarantee of all materials and
workmanship; and shall indemnify and save harmless the City, its officials, officers,
employees, and authorized volunteers, as stipulated in said Contract Documents, then
this obligation shall become null and void; otherwise it shall be and remain in full force
an effect.
As a part of the obligation secured hereby and in addition to the face amount
specified therefore, there shall be included costs and reasonable expenses and fees
including reasonable attorney's fees, incurred by the City in enforcing such obligation.
As a condition precedent to the satisfactory completion of the Contract Documents,
unless otherwise provided for in the Contract Documents, the above obligation shall hold
good for a period of one (1) year after the acceptance of the work by the City, during
which time if the Contractor shall fail to make full, complete, and satisfactory repair
and replacements and totally protect the City from loss or damage resulting from or
caused by a defective materials or faulty workmanship. The obligations of Surety
hereunder shall continue so long as any obligation of the Contractor remains. Nothing
herein shall limit the City's rights or the Contractor or Surety's obligations under the
Contract, law or equity, including, but not limited to, California Code of Civil Procedure
Section 337.15.
Performance Bond — Page 1
CONTRACT NO. C38090
Whenever the Contractor shall be, and is declared by the City to be in default
under the Contract Documents, the Surety shall remedy the default pursuant to the
Contract Documents, or shall promptly, at the City's option:
a. Take over and complete the Project in accordance with all terms and conditions in
the Contract Documents; or
b. Obtain a bid or bids for completing the Project in accordance with all terms and
conditions in the Contract Documents and upon determination by Surety of the
lowest responsive and responsible bidder, arrange for a Contract between such
bidder, the Surety and the City and make available as work progresses sufficient
funds to pay the cost of completion of the Project, less the balance of the
contract price, including other costs and damages, for which Surety may be liable.
The term "balance of the contract price" as used in this paragraph shall mean the
total amount payable to the Contractor by the City under the Contract and any
modification thereto, less any amount previously paid by the City to the
Contractor and any other set offs pursuant to the Contract Documents.
c. Permit the City to complete the Project in any manner consistent with California
law and make available as work progresses sufficient funds to pay the cost of
completion of the Project, less the balance of the contract price, including other
costs and damages, for which Surety may be liable. The term "balance of the
contract price" as used in this paragraph shall mean the total amount payable
to the Contractor by the City under the Contract and any modification thereto,
less any amount previously paid by the City to the Contractor and any other set
offs pursuant to the Contract Documents.
Surety expressly agrees that the City may reject any contractor or subcontractor
which may be proposed by Surety in fulfillment of its obligation in the event of default by
the Contractor.
Surety shall not utilize the Contractor in completing the Project nor shall Surety
accept a bid from the Contractor for completion of the Project if the City, when declaring
the Contractor in default, notifies Surety of the City's objection to the Contractor's further
participation in the completion of the Project.
The Surety, for value received, hereby stipulates and agrees that no change,
extension of time, alteration or addition to the terms of the Contract Documents or to the
Project to be performed thereunder shall in any way affect its obligations on this bond,
and it does hereby waive notice to any such change extension of time, alteration or
addition to the terms of the Contract Documents or to the Project.
Performance Bond — Page 2
CONTRACT NO. C38090
IN WITNESS WHEREOF, identical counterparts of this instrument, each of which
shall for all purposes be deemed an original thereof, have been duly executed by the
Principal and Surety above named on this day of , 20
(Corporate Seal) Contractor/Principal
Title:
(Corporate Seal) Surety
By:
Attorney -in -Fact
Signatures of those signing for the Contractor/Principal must be notarized and evidence of
corporate authority attached.
(Attach Attorney -in -Fact Certificate)
Title:
The rate of premium on this bond is $ per thousand.
The total amount of premium charged: $
(The above must be filled in by corporate surety)
Signatures of those signing for the Contractor/Principal and Surety must be notarized and
evidence of corporate authority attached. A copy of the Power -of -Attorney to local representatives
of the bonding company must be attached hereto.
IMPORTANT: Surety companies executing bonds must possess a certificate of authority from
the California Insurance Commissioner authorizing them to write surety insurance defined in
Section 105 of the California Insurance Code, and if the work or project is financed, in whole or
in part, with federal, grant or loan funds, it must also appear on the Treasury Department's most
current list (Circular 570 as amended).
THIS IS A REQUIRED FORM,
Surety Agent or Representative for service of process in
Y California if different than Surety
Name: Name:
Address: Address:
City/State/Zip Code: City/State/Zip Code:
Telephone No.: Telephone No.:
NOTE: A copy of the Power -of -Attorney authorizing the person signing on behalf of the Surety
to do so must be attached hereto.
Performance Bond — Page 3
CONTRACT NO. C38090
SURETY ACKNOWLEDGEMENT
A notary public or other officer completing this certificate verifies only the identity of
the individual who signed the document, to which this certificate is attached, and not
the truthfulness, accuracy, or validity of that document.
State of California
County of
On before me,
personally appeared
who proved to me on the basis of
satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within
instrument and acknowledged to me that he/she/they executed the same in his/her/their
authorized capacity(ies), and that by his/her/their signature(s) on the instrument the
person(s), or the entity upon behalf of which the person(s) acted, executed the
instrument.
I certify under PENALTY OF PERJURY under the laws of the State of California that the
foregoing paragraph is true and correct.
WITNESS my hand and official seal.
Signature of Notary Public
Performance Bond — Page 4
CONTRACT NO. C38090
PRINCIPAL ACKNOWLEDGEMENT
A notary public or other officer completing this certificate verifies only the identity of
the individual who signed the document, to which this certificate is attached, and not
the truthfulness, accuracy, or validity of that document.
State of California
County of
On before me,
personally appeared
who proved to me on the basis of
satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within
instrument and acknowledged to me that he/she/they executed the same in his/her/their
authorized capacity(ies), and that by his/her/their signature(s) on the instrument the
person(s), or the entity upon behalf of which the person(s) acted, executed the
instrument.
I certify under PENALTY OF PERJURY under the laws of the State of California that the
foregoing paragraph is true and correct.
WITNESS my hand and official seal.
Signature of Notary Public
Performance Bond — Page 5
CONTRACT NO. C38090
PAYMENT BOND
KNOW ALL MEN BY THESE PRESENTS:
THAT WHEREAS, the City of Palm Desert (sometimes referred to hereinafter as
"City") has awarded to Cal -Stripe, Inc. (hereinafter designated as the
"CONTRACTOR/PRINCIPAL"), an agreement dated August 22, 2019, described as
follows: 2019 CITYWIDE STRIPING, Project No. 564-19, Contract No. C38090
(hereinafter referred to as the "Contract"); and
WHEREAS, said CONTRACTOR is required to furnish a bond in connection with
said Contract, and pursuant to Section 9100 of the California Civil Code;
WHEREAS, said Principal is required to furnish a bond in connection with said
Contract; providing that if said Principal or any of its Subcontractors shall fail to pay for
any materials, provisions, provender, equipment, or other supplies used in, upon, for, or
about the performance of the work contracted to be done, or for any work or labor done
thereon of any kind, or for amounts due under the Unemployment Insurance Code, or for
any amounts required to be deducted, withheld, and paid over to the Employment
Development Department from the wages of employees of said Principal and its
Subcontractors with respect to such work or labor the Surety on this bond will pay for the
same to the extent hereinafter set forth.
NOW, THEREFORE, we, Cal -Stripe. Inc.,the undersigned CONTRACTOR, as
Principal, and
a corporation organized and existing under the laws of the State of and
duly authorized to transact business under the laws of the State of California, as Surety,
are held and firmly bound unto the City of Palm Desert and to any and all persons,
companies or corporations entitled to file stop payment notices under Section 9100 of the
California Civil Code, in the sum of Two Hundred Eighty -Nine Thousand, Nine Hundred,
Ninetv-Nine Dollars ($ 289,999.00), said sum being not less than one hundred percent
(100%) of the total amount payable by the said City under the terms of the said Contract,
for which payment well and truly to be made, we bind ourselves, our heirs, executors and
administrators, successors and assigns, jointly and severally, firmly by these presents.
THE CONDITION OF THIS OBLIGATION IS SUCH, that, if said CONTRACTOR,
his or its subcontractors, heirs, executors, administrators, successors or assigns, shall
fail to pay any of the persons named in Civil Code Section 9100, fail to pay for any
materials, provisions or other supplies, implements, machinery or power used in, upon,
for or about the performance of the Public Work contracted to be done, for any work or
labor of any kind, or for bestowing skills or other necessary services thereon, or for
amounts due under the Unemployment Insurance Code with respect to such work or
labor, or for any amounts required to be deducted, withheld, and paid over to the
Employment Development Department or Franchise Tax Board from the wages of
employees of said CONTRACTOR and his or its Subcontractors pursuant to Revenue
and Taxation Code Section 18663 with respect to such work and labor the Surety or
Payment Bond — Page 1
CONTRACT NO. C38090
Sureties hereon will pay for the same in an amount not exceeding the sum herein above
specified, and also, in case suit is brought upon this bond, all litigation expenses incurred
by the City in such suit, including reasonable attorney's fees, court costs, expert witness
fees and investigation expenses.
This bond shall inure to the benefit of any of the persons named in the Civil Code
Section 9100 as to give a right of action to such persons or their assigns in any suit
brought upon this bond.
It is further stipulated and agreed that the Surety on this bond shall not be
exonerated or released from the obligation of this bond by any change, extension of time
for performance, addition, alteration or modification, in, to or of any contract plans,
specifications, or agreement pertaining or relating to any scheme or work of improvement
herein above described, or pertaining or relating to the furnishing of labor, materials, or
equipment therefore, nor by any change or modification of any terms of payment or
extension of the time for any payment pertaining or relating to any scheme or work of
improvement herein above described, nor by any rescission or attempted rescission or
attempted rescission of the contract, agreement or bond nor by any conditions precedent
or subsequent in the bond attempting to limit the right of recovery of claimants otherwise
entitled to recover under any such contract or agreement or under the bond, nor by any
fraud practiced by any person other than the claimant seeking to recover on the bond and
that this bond be construed most strongly against the Surety and in favor of all persons
for whose benefit such bond is given, and under no circumstances shall Surety be
released from liability to those for whose benefit such bond has been given, by reason of
any breach of contract between the owner or the City and the original contractor or on the
part of any obligee named in such bond, but the sole conditions of recovery shall be that
the claimant is a person described in the Civil Code Section 9100, and has not been paid
the full amount of his claim and that Surety does hereby waive notice of any such change,
extension of time, addition, alteration or modification herein mentioned, including but not
limited to the provisions of Sections 2819 and 2845 of the California Civil Code.
IN WITNESS WHEREOF, we have hereunto set our hands and seals this
day of
PRINCIPAVCONTRACTOR:
,20
(Typed Name of Principal/Contractor)
(Signature)
(Signature to be Notarized)
(Typed Name and Title)
SURETY:
(Typed Name of Surety)
(Signature of Attorney -in -Fact)
(Signature to be Notarized)
(Typed Name of Attorney -in -Fact)
Payment Bond — Page 2
CONTRACT NO. C38090
The rate of premium on this bond is $ per thousand.
The total amount of premium charged: $
(The above must be filled in by corporate surety)
IMPORTANT: Surety companies executing bonds must possess a certificate of authority
from the California Insurance Commissioner authorizing them to write surety insurance
defined in Section 105 of the California Insurance Code, and if the work or project is
financed, in whole or in part, with federal, grant or loan funds, it must also appear on the
Treasury Department's most current list (Circular 570 as amended).
Signatures of those signing for the Principal/Contractor and Surety must be notarized and
evidence of corporate authority attached. A copy of the Power -of -Attorney to local
representatives of the bonding company must be attached hereto
THIS IS A REQUIRED FORM
,An Warms under thrs #o�tl Ana be. addre y �k 0 . �� ..
Agent or Representative for service of
Surety process in California if different than
Surety
Name: Name:
Address:
Address:
City/State/Zip Code: I City/State/Zip Code:
Telephone No.: I Telephone No.:
Payment Bond — Page 3
CONTRACT NO. C38090
SURETY ACKNOWLEDGMENT
A notary public or other officer completing this certificate verifies only the identity of
the individual who signed the document, to which this certificate is attached, and not
the truthfulness, accuracy, or validity of that document.
County of
On before me,
personally appeared
who proved to me on the basis of
satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within
instrument and acknowledged to me that he/she/they executed the same in his/her/their
authorized capacity(ies), and that by his/her/their signature(s) on the instrument the
person(s), or the entity upon behalf of which the person(s) acted, executed the
instrument.
I certify under PENALTY OF PERJURY under the laws of the State of California that the
foregoing paragraph is true and correct.
WITNESS my hand and official seal.
Signature of Notary Public
Payment Bond — Page 4
CONTRACT NO. C38090
PRINCIPAL ACKNOWLEDGMENT
A notary public or other officer completing this certificate verifies only the identity of
the individual who signed the document, to which this certificate is attached, and not
the truthfulness, accuracy, or validity of that document.
State of California
County of
On before me,
personally appeared
who proved to me on the basis of
satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within
instrument and acknowledged to me that he/she/they executed the same in his/her/their
authorized capacity(ies), and that by his/her/their signature(s) on the instrument the
person(s), or the entity upon behalf of which the person(s) acted, executed the
instrument.
I certify under PENALTY OF PERJURY under the laws of the State of California that the
foregoing paragraph is true and correct.
WITNESS my hand and official seal.
Signature of Notary Public
Payment Bond — Page 5
EXHIBIT A-1: Roadways to be Repainted
53
FIGURE A-1
KIMIN
LUMP SUM BID ITEM NO, 1 CONSISTS OF:
REPAINT EXISTING PAVEMENT MARKINGS ON ALL CITY
MAINTAINED PUBLIC ROADWAYS WITHIN THE CITY OF PALM
DESERT LIMITS EXCEPT THOSE ROADWAYS DESIGNATED AS NON
PERFORMED HEREIN.
DO NOT REPAINT
PAVEMENT MARKINGS
Date. 2018
21
VICINITY MAP
The scope of work as depicted on FIGURE A-1 includes all City -maintained public
roadways within the City of Palm Desert, except those locations in TABLE A-2. The
roadways to be repainted in TABLE A-1 are approximate lengths and are intended to
provide the Contractor with approximate lengths for bidding purposes only.
TABLE A-1: ROADWAYS TO BE REPAINTED
Street
A Street
Acacia Drive
Alamo Drive
Alessandro Drive
Arboleda Avenue
Avenue Of The States
Cabrillo Avenue
Cabrillo Avenue
Cahuilla Way
California Avenue
Catalina Way
Cook Street
Cortesia Way
Country Club Drive
De Anza Way
Deep Canyon Road
Dick Kelly Drive
Dinah Shore Drive
Dolce Avenue
Edgehill Drive
El Cortez Way
Eldorado Drive
Elkhorn Trail
Enfield Lane
Entrepreneur Lane
Fairway Drive
Florine Avenue
Frank Sinatra Drive
Fred Waring Drive
Garand Lane
Gateway Drive
Gerald Ford Drive
Goleta Avenue
Grapevine Street
From
Monterey Avenue
N/O Fred Waring Drive
Calliandra Street
San Pablo Avenue
W/O Monterey Avenue
California Drive
At De Anza Way
Allessandro Drive
West City Limits
Fred Waring Drive
At San Pascual Avenue
North City Limits
Dick Kelly Drive
Monterey Avenue
San Carlos Avenue
Magnesia Falls Drive
Monterey Avenue
Monterey Avenue
Gateway Drive
S/O Painters Path
Portola Avenue
Frank Sinatra Drive
California Drive
Garand Lane
Enfield Lane
Portola Avenue
N/O Fred Waring Drive
Monterey Avenue
Highway 111
Springfield Lane
Dinah Shore Drive
Monterey Avenue
S/O Fred Waring Drive
Highway 74
54
u�
Gateway Drive
Mesa View Drive
Deep Canyon Road
Washington Street
Highway 111
Highway 74
Avenue Of The States
Fred Waring Drive
Dolce Avenue
Washington Street
Palm Desert Drive
North
Highway 111
Dinah Shore Drive
Portola Avenue
Cortesia Way
De Anza Way
Hovley Lane East
Fred Waring Drive
Entrepreneur Lane
Springfield Lane
Cook Street
Tamarisk Row Drive
Washington Street
Enfield Lane
Gerald Ford Drive
Frank Sinatra Drive
Portola Avenue
Approximate
C-L Length
(feet)
1,430
80
2,650
5,320
80
870
200
245
1,207
10,050
100
20,540
1,390
26,910
5,617
5,200
3,800
6,900
1,014
70
375
10,630
1,500
1,133
542
5,290
50
17,200
30,040
336
4,920
16,430
110
6,320
TABLE A-1: ROADWAYS TO BE REPAINTED
Street
Haystack Road
Highway 74
Hovley Lane East
Hovley Lane West
Illinois Avenue
Kansas Street
Lupine Lane
Magnesia Falls Drive
Melanie Place
Merle Drive
Mesa View Drive
Michigan Drive
Minnesota Avenue
Monterey Avenue
Monterey Avenue
(NORTHBOUND
ONLY)
Monterey Avenue
(NORTHBOUND
ONLY)
Monterey Avenue
Mountain View
Oasis Club Drive
Painters Path
Painters Path
Palm Desert Drive
North
Palm Desert Drive
North
Palm Desert Drive
South
Park Center Drive
j Parkview Drive
Phyllis Jackson Lane
f Plaza Way
Portola Avenue
Primrose Drive
Ramona Avenue
Ramona Avenue
From
Highway 74
Highway 111
Portola Avenue
Monterey Avenue
At Wyoming Avenue
At Minnesota Avenue
El Paseo
Monterey Avenue
Merle Drive
270' W/O Cook Street
Highway 74
210' W/O Idaho Street
E/O Kansas Street
North City Limits
Dinah Shore Drive
Frank Sinatra Drive
Parkview Drive
W/O Washington Street
Country Club Drive
Highway 111
Edgehill Drive
Unnamed Alley
Panorama Drive
65' W/O Panorama
Drive
Country Club Drive
Highway 111
Fred Smith
Highway 111
Mockingbird Trail
N/O Fred Waring Drive
E/O De Anza Way
W/O Deep Canyon
Road
55
To
Portola Avenue
South City Limits
Washington Street
Portola Avenue
Shadow Mountain Drive
Deep Canyon Road
Sheryl Avenue
Melanie Place
Portola Avenue
Avenue Of The States
Dinah Shore Drive
1,460 South of Shadow
Ridge Road
Approximate
C-L Length
(feet)
6,995
19,400
21,641
5,420
200
200
680
7,970
739
1,335
4,160
760
100
1,250
8,400
Parkview Drive 14,580
Highway 111
Hovley Lane East
Southern Terminus
El Paseo
Las Palmas Avenue
50' E/O Ramona
Avenue
Deep Canyon Road
Springfield Lane
Monterey Avenue
Fred Waring Drive
El Paseo
300' W/O Mesa View
Drive
3,940
215
5,340
3,820
968
1,890
770
1,200
410
4,260
700
647
8,760
50
80
120
TABLE A-1: ROADWAYS TO BE REPAINTED
Street From To
Royal Palm Drive At San Anselmo Around
Curve
Rutledge Way San Pascual Avenue
San Carlos Avenue At De Anza Way
San Carlos Avenue Alessandro Drive
San Gorgonio Way
Monterey Avenue
San Jacinto Avenue
S/O De Anza Way
San Jose Avenue
At De Anza Way
San Luis Rey Avenue
At De Anza Way
San Luis Rey Avenue
Alessandro Drive
San Pablo Avenue
Highway 111
San Pascual Avenue
Rutledge Way
San Pascual Avenue
At De Anza Way
Santa Anita Avenue
S/O De Anza Way
Santa Margarita Avenue
At De Anza Way
Santa Ynez Avenue
S/O De Anza Way
Sheryl Avenue
50' W/O Cook Street
Silver Sands Parkway
E/O Portola Avenue
Springfield Lane
Entrepreneur Lane
Spyder Circle
Dinah Shore Drive
(West)
Town Center Way
Fred Waring Drive
Via Scena
N/O Country Club Drive
Warner Trail
Hovley Lane East
Washington Street
North City Limits
(SOUTHBOUND ONLY)
Wyoming Avenue
E/O Illinois Avenue
56
240' E/O Portola
Avenue
Palm Desert Drive
North
San Carlos Avenue
Shadow Mountain Drive
Shadow Mountain Drive
50' S/O Catalina Way
Melanie Place
Garand Lane
Dinah Shore Drive
(East)
Highway 111
Fred Waring Drive
Fred Waring Drive
Approximate
C-L Length
(feet)
320
1,213
100
1115
3,210
50
100
100
1,650
1,200
12,688
100
100
100
100
1,260
300
1,130
1,606
12,080
175
15,440
1 11,078
1 100
TABLE A-2: ROADWAYS NOT TO BE REPAINTED
Roadway
Limits
Abronia Trail
entire roadway
Alamo Drive
Haystack Road to Mesa View
Arrow Trail
entire roadway
Barberry Lane
entire roadway
Bel Air Road
Alamo Drive to Chia Drive
Birdie Way
entire roadway
Black Rabbit Road
entire roadway
Borrego Drive
entire roadway
Broken Arrow Trail
entire roadway
Buckboard Trail
entire roadway
Burroweed Street
entire roadway
Cahuilla Way
entire roadway
Candlewood Street
entire roadway
Canterbury Court
entire roadway
Chia Drive
entire roadway
Chicory Street
entire roadway
Circle K Alley
Portola Avenue to El Paseo
Coral Gables Court
entire roadway
Covered Wagon Trail
entire roadway
Crestview Drive
entire roadway
Deep Canyon Road
Highway 111 to Covered Wagon Trail
Del Coronado Drive
entire roadway
Desert Lily Drive
Shadow Mountain Drive to Grapevine Street
Driftwood Drive
entire roadway
El Camino
entire roadway
El Paseo
entire roadway
Ephedra Lane
entire roadway
Fairway Drive
Mountain View Avenue to Cook Street
Feather Trail
entire roadway
Fiddleneck Lane
entire roadway
Flagstone Lane
entire roadway
Fox Hills Court
entire roadway
Frank Sinatra Drive
City Limit to Tamarisk Row Drive
Frontage Road
Grapevine Street to north terminus
Garden Square
entire roadway
Golden Rod Lane
entire roadway
Greenbriar Lane
entire roadway
Highway 111
entire roadway
Hospitality Row
entire roadway
Indian Hills Way
entire roadway
Ironwood Street
entire roadway
57
TABLE A-2: ROADWAYS NOT TO BE REPAINTED
Roadway
Limits
Joshua Tree Street
I entire roadway
Juniper Street
entire roadway
Lantana Avenue
entire roadway
Larkspur Lane
entire roadway
Larrea Street
entire roadway
Little Bend Trail
entire roadway
Loma Vista Lane
entire roadway
Lupine Lane
entire roadway
Moon Lane
entire roadway
Mountain View Avenue
entire roadway
Ocotillo Drive
Grapevine Street to El Paseo
Old Prospector Trail
entire roadway
Opal Drive
entire roadway
Palm Desert Drive North
entire roadway
Palm Desert Drive South
entire roadway
Panorama Drive
entire roadway
Parosella Street
entire roadway
Pepper Tree Drive
Peppergrass Street
Pinyon Street
Portola Avenue
Prickly Pear Lane
Quailbrush Avenue
Riata Trail
Sage Lane
Sagebrush Drive
San Luis Rey Avenue
San Pablo Avenue
Setting Sun Trail
Shadow Hills Road
Shadow Lake Drive
Shadow Mountain Drive
Siesta Trail
Silver Lane
Silver Moon Trail
Silver Spur Trail
Skyward Way
Somera Road
Summit View Drive
Sun Corral Trail
Sun Lane
entire roadway
entire roadway
entire roadway
Dinah Shore to Setting Sun Trail
entire roadway
entire roadway
entire roadway
entire roadway
entire roadway
Highway 111 to Ironwood Street
Highway 111 to Shadow Mountain Drive
entire roadway
entire roadway
entire roadway
entire roadway
entire roadway
entire roadway
entire roadway
entire roadway
Alamo Drive to Chia Drive
Alamo Drive to Chia Drive
entire roadway
entire roadway
entire roadway
58
TABLE A-2: ROADWAYS NOT TO BE REPAINTED
l Roadway Limits
Sun Valley Lane entire roadway
Sundown Lane entire roadway
Sunrise Lane entire roadway
Sunset Lane
entire roadway
Theodora Lane
entire roadway
Toro Peak Road
entire roadway
Tumbleweed Lane
Ocotillo Drive to Joshua Tree Street
Verba Santa Drive
Tumbleweed Lane to Frontage Road
Vista Viejo Drive
entire roadway
White Stone Lane
entire roadway
Wingfoot Drive
entire roadway
Yucca Tree Drive
entire roadway
59
EXHIBIT A-2: Roadways to be Painted
The roadways to be painted and installed with new retroreflective pavement markers in
TABLE A-3 are approximate lengths and are intended to provide the Contractor
with approximate lengths for bidding purposes only.
TABLE A-3: Roadways to be Painted
Street
New York Avenue
San Anselmo Avenue /
Royal Palm Drive
Location
Between Virginia
Avenue and California
Avenue
Between Fred Waring
Drive and San Pablo
Avenue
Work Item
Install new double
yellow centerline
striping with
retroreflective
pavement markers
per Caltrans Std Plan
A20A Detail 22
Install new double
yellow centerline
striping with
retroreflective
pavement markers
per Caltrans Std Plan
A20A Detail 22
Length
3,340 lin
ft
2,109 lin
ft