HomeMy WebLinkAboutC36490 - Washout Facility Rcyclng Systm 715-18 CONTRACT NO. C36490
STAFF REPORT �� T
CITY OF PALM DESERT
PUBLIC WORKS DEPARTMENT
MEETING DATE: December 14, 2017
REQUEST: Award Contract No. C36490 for the Washout Facility Recycling
System to Tri-Star Contracting II, Inc., of Desert Hot Springs,
California, in the amount of$67,021 (Project No. 715-18)
Recommendation
By Minute Motion:
1. Award Contract No. C36490 for the Washout Facility Recycling System
to Tri-Star Contracting II, Inc., of Desert Hot Springs, California, in the
amount of $67,021;
2. Authorize the Finance Director to set aside an additional 10 percent
contingency in the amount of $6,702;
3. Authorize the City Manager to approve any change orders within the
contingency amount;
4. Appropriate $38,723 from unobligated General Account funds to
Account No. 4504330-4400100; and
5. Authorize the City Manager to execute the subject Agreement.
Following appropriation, funds will be available in Account No. 4504330-4400100.
Strategic Plan Objectives
This action has no impact on the Strategic Plan.
Background
The washout recycling system located at the Corporation Yard is used on a daily basis
to recycle water and eliminate wash water run-off when washing heavy equipment and
City fleet vehicles. The current system was installed in 2006 when the 74605 42nd
Avenue addition was constructed. Preventative maintenance is performed annually,
and repair parts are becoming obsolete, which has prolonged the repair time frame
needed to remain productive. In order to continue protecting the environment from
wash water runoff, and to comply with governmental storm drain regulations that pertain
to the City's NPDES permit, the existing wash water recycling system needs to be
replaced.
December 14, 2017 - Staff Report
Award Contract No. C36490 for Washout Facility Recycling System
Page 2 of 2
The project was appropriately advertised, and on November 28, 2017, bids were opened
and read aloud. Following is a summary of the bids received:
Contractor Location Bid Amount
Tri-Star Contracting II, Inc. Desert Hot Springs, CA $67,021
When the Fiscal Year 2017-18 budget was prepared and approved, staff had estimated
the cost to be $35,000 to remove and replace all of the existing water storage tanks,
motors, pumps, and related equipment. However, the only bid that was submitted came
in at a substantially higher cost, resulting in the request to appropriate funds to complete
the project.
Fiscal Analysis
The only fiscal impact is the cost of purchasing and installing the equipment. On-going
maintenance costs are not expected to change.
Prepared by: id Reyes, Jr., Streets Maintenance Supervisor
LEGAL REVIEW DEPT. R VIEW FINANCIAL REVIEW CITY MANAGER
1
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N/A �/: ! . �; ..4t, --
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, Akac6
Robert W. Hargreaves Mark GreenWood, P.E. ' et Moore Lauri Aylaian
City Attorney Director pf Public Works Director of Finance City Manager
CONTRACTOR: Tri-Star Contracting II, Inc.
15501 Little Morongo Road
Desert Hot Springs, CA 92240
ATTACHMENTS: Agreement and Bonds
Contractor's Bid
Vicinity Map
C—CONTRACTOR'S BID
WASHOUT FACILITY RECYCLING SYSTEM
PROJECT NO. 715-18
CONTRACT NO. C36490
TO: CITY OF PALM DESERT,"CITY"
DATE: " aD\I 0 1MO . 2 Y 2-S, 201-1
BIDDER: 1 v\ -\c,`./CI�vT�rf,.C� \_\/\C "CONTRACTOR"
The UNDERSIGNED, "CONTRACTOR", having carefully examined the site and the
Contract Documents for the construction of, WASHOUT FACILITY RECYCLING
SYSTEM, PROJECT NO. 715-18, CONTRACT NO. C36490, 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 30
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 thework.
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 Bid Bond 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.
INEOM ITEM DESCRIPTION UNITS QUANTITY TOTAL
Remove and properly dispose of
the old washout system; and
furnish and install a Mi-T-M
1 Biological Wash Water Lump 1 $ �-� 00.1 v0
Recycling System (Model No. Sum
BIO-25R-0M10) at the City's
Corporation Yard.
TOTAL BID PRICE $ Lri, Dad 00
The costs of any work shown or required in the Plans and Specifications, but not
specifically identified as a Pay Item are included in the related Pay Item(s), and no
additional compensation shall be due CONTRACTOR by virtue of CONTRACTOR'S
compliance with the Plans and Specifications.
TOTAL AMOUNT BASE BID IN FIGURES $ LP-1 I c •(-)D
TOTAL AMOUNT BASE BID IN WORDS S\X- 4 Q\JQ V\ \L' v\C\
LOQv1 1 b,r\ vc
IN WITNESS WHEREOF CONTRACT xecute• /is,$id a- o date set forth on Page
C-1:
By:
Signature (must be notarized)
Title: C)FD
C-2
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 S \\J YS\( ._ )
On 1 t icaCt , 20u before me,Lek. v-a f\ - v 1.,- tl,L
personally appeared 1 e6 l(Xe 11\lr�u )
who proved to me on the basis
of satisfactory evidence to be the person( whose name(*) is/ape subscribed to the
within instrument and acknowledged to me that he/she/they executed the same in
his/her/tf air authorized capacity(i s), and that by his/hir/ttj it signatures(,} on the
instrument the person(), or the entity upon behalf of which the person(i) 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 an offiei I seal. --�————
LAURA A.DAVENPORT
Lett4sAdif,---
N.
- i���� Notary Public-California
�' i-X- ' " Riverside County
Signature of Notary Public -- N:?'-•►/ Commission r 2163715
M Comm.Ex Tres S 24.202D
C-3
D — INFORMATION REQUIRED OF BIDDER
TO ACCOMPANY BID
The bidder is required to supply the following information. Additional sheets may be
attached if necessary. Additional information may be required of the successful bidder.
(1) Company Name 1V\ C V C Svc.C.N\ { \\AC -
(2) Address 15 -i1 L ov{An9pYr\ ou_ CACV-Xa9D
(3) Telephone No. (`1(.6) 1 1
(4) Type of Firm (Individual, Partnership or Corporation) CoYi2c-v r l n
(5) Corporation organized under the laws of the State of 0 iPt-
(6) Contractor's License No. c'V 5 \C\cl _Exp. Date ' 12 V-
(7) Department of Industrial Relations Contractor Registration number: IbOc�b(�y a,
(8) Email Address of Contractor's DIR Contact 1c3GVQ y\ -5�cwr:1
(9) Have you or any of your sub-contractors been debarred: Yes❑ No RI'
If yes, provide additional information on a separate sheet.
(10) Number of years' experience as a Contractor in lighting installation 0
(11) List the names and addresses of all owners of the firm or names and titles of all
officers of the corporation: (Use separate sheet if necessary.)
Y-Aft\A\ri_8
(12) List at least three similar projects (on-going or recently completed):
Name,-Address 84
Contract Amount Class of Work Date Completed .Telephone.No. of Owner
1. SSA cfv\ w\ , \s' c\-
k `10 -t-1 ( Si5 Se cu'c c\
2. G Sava.\Cv.` ,J fan
"I'I.OkU) OD C-\a\(\s‘i.�vs 1b1 )'\_\- Cli Q' 3L•0 -1.
3.
5y i� 4.0� ` t La0 -117--I
D-1
(13) Pursuant to California Public Contracting Code, Section 4100 et Seq., the
following list gives the name, business address, the DIR Public Works Contractor
Registration number, portion of work (description of work to be done) for each
subcontractor that will be used in the work if the bidder is awarded the Contract,
(Additional supporting data may be attached to this page. Each page shall be
sequentially numbered, and headed "Proposed Contractors" and shall be
signed.) The Bidder shall list all subcontractors who will perform work or labor or
render service to the prime contractor in excess of one-half of one percent of the
prime's bid. Notwithstanding the foregoing, if the work involves the construction
of streets and highways, then the Bidder shall list each subcontractor who will
perform work or labor or render service to the Bidder in or about the work in an
amount in excess of one-half of one percent or $10,000, whichever is greater.
Failure to include the subcontractor's DIR registration number may result
in the bid beina rejected as non-responsive.
Subcontractor's Name:
License Number: DIR Contractor Registration No.
Business Address:
Telephone:
DIR email address: DIR Classifications:
Work Description: Percent of Work:
Subcontractor's Name:
License Number. DIR Contractor Registration No.
Business Address:
Telephone:
DIR email address: DIR Classifications: -
Work Description: Percent of Work:
Subcontractor's Name:
License Number: DIR Contractor Registration No.
Business Address:
Telephone:
DIR email address: DIR Classifications:
Work Description: Percent of Work:
(14) List the name of the person from your firm who inspected the site of the
proposed work:
D-2
(15) A financial statement or other information and references sufficiently
comprehensive to permit an appraisal of your current financial condition may be
required by the City.
(16) Contractor hereby swears under penalty of perjury that this information provided
is true and correct.
(4l
By: Title: C \--O
Contractor's Signature
D-3
E — PUBLIC WORKS CONTRACTOR DIR REGISTRATION CERTIFICATION
Pursuant to Labor Code sections 1725.5 and 1771.11, all contractors and
subcontractors that wish to bid on, be listed in a bid proposal or enter into a contract to
perform public work must be registered with the Department of Industrial Relations.
See http://www.dir.ca.aov/Public-Works.html for additional information.
No bid will be accepted nor any contract entered into without proof of the Contractor's
and Subcontractor's current registration with the Department of Industrial Relations to
perform public work.
Bidder hereby certifies that it is aware of the registration requirements set forth in Labor
Code sections 1725.5 and 1771.1 and is currently registered as a contractor with the
Department of Industrial Relations. nn
NAME OF BIDDER t 1 �1 .lNn-(-- rCV \VAC
DIR REGISTRATION NUMBER: \DOODC Mc1 a
DIR REGISTRATION NUMBER EXPIRATION DATE: C40I3()- Ig
DIR CERTIFIED PAYROLL EMAIL ADDRESS:
1d0vev\pnv"-} fl v -S\CL i 1y\S0
Bidder further acknowledges:
1. Bidder shall maintain a current DIR registration for the duration of the
project.
2. Bidder shall include the requirements of Labor Code Sections 1725.5 and
1771.1 in its contract with any and all subcontractors and ensure that all
subcontractors are registered at the time of the bid opening and maintain
registration status for the duration of the project.
3. Failure to submit this form or comply with any of the above requirements may
result in the bid being deemed non-responsive.
4. Within five days of award, Contractor will provide to the City all Labor
Classifications that will be employed during the project, sorted by Contractor or
subcontractor.
Name of Firm: \C"._ " w-A IA.- W1 C
Signature:
Printed Name: ---reC\ V.—Te. /"\\n L
Title: C Vt) Dated: \
E-1
F— NONCOLLUSION DECLARATION
To be Executed by Bidder and Submitted with Bid
The undersigned declares:
I am the Q\ -0 Ccan\,rt',� ‘nf WT. the
party making the foregoing bid. The bid is not made in the interest of, or n behalf of,
any undisclosed person, partnership, company, association, organization, or
corporation. The bid is genuine and not collusive or sham. The bidder has not directly
or indirectly induced or solicited any other bidder to put in a false or sham bid. The
bidder has not directly or indirectly colluded, conspired, connived, or agreed with any
bidder or anyone else to put in a sham bid, or to refrain from bidding. 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. All
statements contained in the bid are true. 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, to any corporation, partnership, company,
association, organization, bid depository, or to any member or agent thereof, to
effectuate a collusive or sham bid, and has not paid, and will not pay, any person or
entity for such purpose.
Any person executing this declaration on behalf of a bidder that is a corporation,
partnership, joint venture, limited liability company, limited liability partnership, or any
other entity, hereby represents that he or she has full power to execute, and does
execute, this declaration on behalf of the bidder.
I declare under penalty of perjury under the laws of the State of California that
the foregoing is true and correct and that this declaration is executed on the ' 5c-*1-\
day of N\�10 yv,1:Ng.Y 2011, at_,' v-'rN c1vk C 1\ .
City 94te
CONTRACT
By:
Signature
Title:
Title: � l J
F-1
G-BIDDER'S BOND
To Accompany Bid
KNOW ALL MEN BY THESE PRESENTS,
That we, TRI-STAR CONTRACTING II,INC. as principal,
and INTERNATIONAL FIDELITY INSURANCE COMPANY as surety, are held and
firmly bound unto the City of Palm Desert in the sum of$ Ten Percent(10°%o)• (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 bid of the above
bounden principal to perform certain work described as follows:
WASHOUT FACILITY RECYCLING SYSTEM
Project No. 715-18
Contract No. C36490
The general items of work to be done hereunder consist of removing and properly
disposing of the old washout system, and furnishing and installing one (1) biological
wash water recycling system per contract specifications at the City's Maintenance Yard
and dated November 28,2017 is accepted by the City of Palm Desert, and if the above
bounden principal TRI-STAR CONTRACTING II,INC. 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 attomey's fees, shall be awarded to the prevailing party.
iN WITNESS WHEREOF, We hereunto set our Hands and Seals this 28th day of
November 2017 .
Contractor's Name: TRI-STAR CONT CTIN II, C r'
Contractor's Signature: _
(Signature must be notarized)
Title: C\--`o
Address: 15-501 Little Morongo Road,Desert Hot Springs,California 92240 -
Telephone: (760)398-9222
G-1
"of the Total Amount of the Bid
Surety's Name: INTERNATIONAL FIDELITY INSURANCE COMPANY
Surety's
tontrattedo Signature:
(Signature 9 rued) D glas J.Rothey
Title: Attorney-in-Fact
Address: 5950 South Willow Drive, Suite 310,Greenwood Village, Colorado 80111
Telephone: (303)781-3376
G-2
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 1 \10 vc\r )
On 1\ a�% , 204 before me. L vij �\ Qv� N\ C C �u kDL,C
personally appeared P \.VP v -
who proved to me on the basis
of satisfactory evidence to be the person(,) whose name(, is/ap4 subscribed to the
within instrument and acknowledged to me that he/stktbOy executed the same in
his/h4r/tflfgir authorized capacity(IIs), and that by his/h6r/tiii4ir signaturesK on the
instrument the person(v), or the entity upon behalf of which the person( 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 A a icial seal. LAURA A.DAVENPORT
IL& ?fib.s- Notary Publk-California
�� '; Riverside County is
Signature of Notary Wig ♦. PT/ Commission N 2163715
M Comm.Ex iras S 2/.2020
G-3
State of COLORADO
ss.
County of ARAPAHOE
On November 28, 2017, before me, a Notary Public in and for said County and State, residing therein,
duly commissioned and sworn, personally appeared Douglas J. Rothey
known to me to be Attomey-in-Fact of INTERNATIONAL FIDELITY INSURANCE COMPANY
the corporation described in and that executed the within and foregoing instrument, and known to me to
be the person who executed the said instrument on behalf of the said corporation, and he duly
acknowledged to me that such corporation executed the same.
IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal, the day and year
stated in this certificate above.
My Commission Expires: December 8, 2018 /, � elf/4s
Cy hia M. Burnett, Notary Public
CYNTHIA M BURNETT
NOTARY PUBLIC
STATE OF COLORADO
NOTARY ID 19944019211
COMMISSION EXPIRES DEC.8,2018
Tel(9/3)624-7200 POWER OF ATTORNEY
INTERNATIONAL FIDELITY INSURANCE COMPANY
HOME OFFICE: ONE NEWARK CENTER,20TH FLOOR
NEWARK.NEW JERSEY 07102-5207
KNOW ALL MEN BY THESE PRESENTS: That INTERNATIONAL FIDELITY INSURANCE COMPANY, a corporation organized and existing
laws of the State of New Jersey,and having its principal office in the City of Newark,New Jersey,does hereby constitute and appoint
DOUGLAS J. ROTHEY, CYNTHIA M. BURNETT, ERIK ULIBARRI
Denver, CO.
its true and lawful attorneys)-in-fact to execute,seal and deliver for and on its behalf as surety,any and all bonds and undertakings,contracts of indemnity and
other writings obligatory in the nature thereof,which arc or may be allowed,required or permitted by law,stature.rule egulatton,contract or otherwise,and
the execution of such instrument(s) in pursuance of these presents, shall be as bind rang upon the said INTERNATIONAL FIDELITY INSURANCE
COMPANY,as fully and amply, to all intents and purposes, as if the same had been duly executed and acknowledged by its regularly elected officers at its
principal office.
This Power of Attorney is executed,and may be revoked.pursuant to and by authority of Article 3-Section 3,of the By-Laws adopted by the Board of
Directors of INTERNATIONAL FIDELITY INSURANCE COMPANY at a meeting called and held on the 7th day of February, 1974.
The President or any Vice President.Executive Vice President,Secretary or Assistant Secretary,shall have power and authority
ill To appoint Attorneys-in-fact.and to authorize them to execute on behalf of the Company,and attach the Seal of the Company thereto,bonds and
undertakings,contracts of indemnity and other writings obligatory in the nature thereof and,
(2)To remove,at any time,any such attorney in-fact and revoke the authority given.
Further,this Power of Attorney is signed and sealed by facsimile pursuant to resolution of the Board of Directors of said Company adopted at a meeting
duly caned and held on the 29th day of-April. 1982 of which the following is a true excerpt:
Now therefore the signatures of such officers and the seal of the Company may be affixed to any such power of attorney or any certificate relating thereto by
facsimile,and any such power of attorney or certificate bearing such facsimile signatures or facsimile seal shall be valid and binding upon the Company and any
such power so executed and certified by facsimile signatures and facsimile seal shall he valid and binding upon the Company in the future with respect to any
bond or undertaking to which it is attached.
0c,,.1TY/p�, IN TESTIMONY WHEREOF,INTERNATIONAL FIDELITY INSURANCE COMPANY has caused this instrument to be
k\ ape (/ signed and its corporate seal to be affixed by its authorized officer,this 16th day of October,A.D.2007.
f O� 41!' -S INTERNATIONAL FIDELITY INSURANCE COMPANY
C' SEAL ' T
19044 O STATE OF NEW JERSEY
Caunry of Essex
747 * Otk Secretary
On this 16th day of October 2007,before me came the individual who executed the preceding instrument,to me personally known,and,being by me duly
sworn,said the he is the therein described and authorized officer of the INTERNATIONAL FIDELITY INSURANCE COMPANY;that the seal affixed to
said instrument is the Corporate Seal of said Company;that the said Corporate Seal and his signature were duly affixed by order of the Board of Directors of
said Company.
�.�`0 NY VA2 �''•i,� IN TESTIMONY WHEREOF,I have hereunto set my hand affixed my Official Seal,
.c01
�G '., at the City of Newark.New Jersey die day and year first above written.
►•�
s
,,,�FI,IEYI��,,` A NOTARY PUBLIC OF NEW JERSEY
CERTIFICATION My Commission Expires March.27,2014
I,the undersigned officer of INTERNATIONAL FIDELITY INSURANCE COMPANY do hereby certify that I have compared the foregoing copy of the
Power of Attorney and affidavit,and the copy of the Section of the By-Laws of said Company as set forth in said Power of Attorney,with the ORIGINALS ON
IN THE HOME OFFICE OF SAID COMPANY,and that the same are correct transcripts thereof,and of the whole of the said originals,and that the said Power
of Attorney has not been revoked and is now in full force and effect
IN TESTIMONY WHEREOF,I have hereunto set my hand this 28th day of November, 2017
Assistant Secretary
CONTRACT NO. C36490
AGREEMENT
THIS AGREEMENT is made and entered into this 14th day of December 2017, by
and between City of Palm Desert, California; hereafter called "CITY" and Tri-Star
Contracting II, Inc., hereinafter called "CONTRACTOR."
WITNESSETH
RECITALS:
CONTRACTOR has submitted to CITY its Contractor's Bid for the construction of
CITY Project:
1. WASHOUT FACILITY RECYCLING SYSTEM, PROJECT NO. 715-18;
CONTRACT NO. C36490, 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:
1. Contract Documents: The entire contract consists of the following: (a) The
Agreement, (b) The Notice Inciting 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,
(I) 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, (r) Addenda No.(s) none . 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 forty-five (45) Calendar Days from the Notice
to Proceed date to the satisfaction of the Engineer.
CONTRACT NO. C36490
3. Contractor agrees to indemnify, defend and save CITY and its officers, agents
and employees, and the Engineer harmless from:
a Any and all liability, claims, damages, losses or injuries to any person
or other entity, including injury to Contractor's employees, and all claims
which arise from or are connected with the negligent performance of
or failure to perform the work or other obligations of this Agreement, or
which are caused or which are claimed to be caused by the negligent or
intentional acts or omissions of Contractor, its subcontractors, its
agents or employees, and, all expenses of investigating and defending
against same,
b. Any and all liability, claims, damages, losses or injuries to any and all
contractors, subcontractors, material-men, laborers, or any other person,
firm or corporation furnishing or supplying work, services, materials
or supplies in connection with the performance of the Agreement.
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 $500.00
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.
CONTRACT NO. C36490
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: ATTEST BY:
(Signature to be notarized)
TITLE: TITLE:
CITY:
BY: ATTEST BY:
TITLE: City Manager of Palm Desert, CA TITLE: City Clerk of Palm Desert, CA
APPROVED AS TO CONTENT: APPROVED AS TO FORM:
MARK GREENWOOD, P.E. ROBERT W. HARGREAVES
DIRECTOR OF PUBLIC WORKS CITY ATTORNEY
CONTRACT NO. C36490
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
CONTRACT NO. C36490
A— PERFORMANCE BOND
KNOW ALL MEN BY THESE PRESENTS: That whereas the City of Palm
Desert has awarded to Tri-Star Contracting II, Inc., hereinafter designated as the
"Principal," a contract for:
WASHOUT FACILITY RECYCLING SYSTEM
PROJECT NO. 715-18
CONTRACT NO. C36490
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, Tri-Star Contracting II, 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
Sixty-seven Thousand Twenty-one and no/100 Dollars ($67,021.00), 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.
CONTRACT NO. C36490
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.
CONTRACT NO. C36490
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 PRINCIPAL
BY: BY:
Signature must be notarized Signature must be notarized
INSURANCE COMPANY and/or AGENT
Name:
Address:
City/State/Zip Code:
Telephone No.:
CONTRACT NO. C36490
SURETY ACKNOWLEDGEMENT
A notary public or other officer completing this certificate verifies only the identity of
the individual who signed the document, to which this certificate is attached, and not
the truthfulness, accuracy, or validity of that document.
State of California )
County of )
On before me,
personally appeared
, who proved to me on the basis of
satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within
instrument and acknowledged to me that he/she/they executed the same in his/her/their
authorized capacity(ies), and that by his/her/their signature(s) on the instrument the
person(s), or the entity upon behalf of which the person(s) acted, executed the
instrument.
I certify under PENALTY OF PERJURY under the laws of the State of California that the
foregoing paragraph is true and correct.
WITNESS my hand and official seal.
Signature of Notary Public
CONTRACT NO. C36490
PRINCIPAL ACKNOWLEDGEMENT
A notary public or other officer completing this certificate verifies only the identity of
the individual who signed the document, to which this certificate is attached, and not
the truthfulness, accuracy, or validity of that document.
State of California )
County of )
On before me,
personally appeared
, who proved to me on the basis of
satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within
instrument and acknowledged to me that he/she/they executed the same in his/her/their
authorized capacity(ies), and that by his/her/their signature(s) on the instrument the
person(s), or the entity upon behalf of which the person(s) acted, executed the
instrument.
I certify under PENALTY OF PERJURY under the laws of the State of California that the
foregoing paragraph is true and correct.
WITNESS my hand and official seal.
Signature of Notary Public
CONTRACT NO. C36490
B— PAYMENT BOND
KNOW ALL MEN BY THESE PRESENTS:
THAT WHEREAS, the City of Palm Desert (sometimes referred to hereinafter as
"City") has awarded to Tri-Star Contracting II, Inc. (hereinafter designated as the
"CONTRACTOR/PRINCIPAL"), an agreement dated December 14, 2017, described as
follows: WASHOUT FACILITY RECYCLING SYSTEM, PROJECT NO. 715-18,
CONTRACT NO C36490 (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;
NOW, THEREFORE, we, Tri-Star Contracting II, 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 Sixty-seven Thousand Twenty-one and no/100
Dollars ($67,021.00), 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
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.
CONTRACT NO. C36490
It is further stipulated and agreed that the Surety on this bond shall not be
exonerated or released from the obligation of this bond by any change, extension of
time for performance, addition, alteration or modification, in, to or of any contract plans,
specifications, or agreement pertaining or relating to any scheme or work of
improvement herein above described, or pertaining or relating to the furnishing of labor,
materials, or equipment therefore, nor by any change or modification of any terms of
payment or extension of the time for any payment pertaining or relating to any scheme
or work of improvement herein above described, nor by any rescission or attempted
rescission or attempted rescission of the contract, agreement or bond nor by any
conditions precedent or subsequent in the bond attempting to limit the right of recovery
of claimants otherwise entitled to recover under any such contract or agreement or
under the bond, nor by any fraud practiced by any person other than the claimant
seeking to recover on the bond and that this bond be construed most strongly against
the Surety and in favor of all persons for whose benefit such bond is given, and under
no circumstances shall Surety be released from liability to those for whose benefit such
bond has been given, by reason of any breach of contract between the owner or the
City and the original contractor or on the part of any obligee named in such bond, but
the sole conditions of recovery shall be that the claimant is a person described in the
Civil Code Section 9100, and has not been paid the full amount of his claim and that
Surety does hereby waive notice of any such change, extension of time, addition,
alteration or modification herein mentioned, including but not limited to the provisions of
Sections 2819 and 2845 of the California Civil Code.
IN WITNESS WHEREOF, we have hereunto set our hands and seals this
day of , 20
PRINCIPAUCONTRACTOR: SURETY:
(Typed Name of Principal/Contractor) (Typed Name of Surety)
By: By:
(Signature) (Signature of Attorney-in-Fact)
(Signature to be Notarized) (Signature to be Notarized)
(Typed Name and Title) (Typed Name of Attorney-in-Fact)
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).
CONTRACT NO. C36490
THIS IS A REQUIRED FORM.
1n t K" -
Surety Agent or Representative for service of
process in California if different than Surety
Name: Name:
Address: Address:
City/State/Zip Code: City/State/Zip Code:
Telephone No.: Telephone No.:
SURETY ACKNOWLEDGMENT
A notary public or other officer completing this certificate verifies only the identity of
the individual who signed the document, to which this certificate is attached, and not
the truthfulness, accuracy, or validity of that document.
County of )
On before me,
personally appeared
, who proved to me on the basis of
satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within
instrument and acknowledged to me that he/she/they executed the same in his/her/their
authorized capacity(ies), and that by his/her/their signature(s) on the instrument the
person(s), or the entity upon behalf of which the person(s) acted, executed the
instrument.
I certify under PENALTY OF PERJURY under the laws of the State of California that the
foregoing paragraph is true and correct.
WITNESS my hand and official seal.
Signature of Notary Public
CONTRACT NO. C36490
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
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