Loading...
HomeMy WebLinkAboutC35740 - Joe Mann Park New Shelter 925-17Contract No. C35740 CITY OF PALM DESERT I PUBLIC WORKS DEPARTMENT STAFF REPORT REQUEST: AWARD CONTRACT NO. C35740 FOR THE CONSTRUCTION OF THE JOE MANN PARK NEW SHELTER INSTALLATION PROJECT TO T.J. JANCA CONSTRUCTION, INC., OF ORANGE, CALIFORNIA, IN THE AMOUNT OF $37,600 (PROJECT NO. 925-17) SUBMITTED BY: Mark Greenwood, P.E., Director of Public Works CONTRACTOR: T.J. Janca Construction, Inc., 2328 N. Batavia Street, #105 Orange, CA 92865 DATE: November 10, 2016 CONTENTS: Contract Agreement and Bonds Contractor's Proposal Vicinity Map Recommendation By Minute Motion: 1. Award Contract No. C35740 for construction of the Joe Mann Park New Shelter Installation Project to T.J. Janca Construction, Inc., of Orange, California, in the amount of $37,600 (Project No. 925-17); 2. Authorize the Director of Finance to set aside a 10 percent contingency in the amount of $3,760; and 3. Authorize the Mayor to execute the subject agreement. Funding is available for this project in Account No. 2334618-4400100, Park Fund. Strateqic Plan Obiective This project supports the Strategic Plan in several aspects. The immediate reduction of water furthers Priority 1 of the Energy and Sustainability goal. The Parks and Recreation Priorities 1 and 3 goals are also highlighted with this project. The Priority 1 goal mandates that our park system be maintained in a high -quality state. The addition of this shelter will provide much needed gathering space, therefore, assisting with achieving this priority. The shelter will also be directly adjacent to the playground, thus encouraging physical activity through play. These new exercise opportunities support the Priority 3 goals. Staff Report Award Contract C35740 to T.J. Janca Construction, Inc. Page 2 of 2 November 10, 2016 Background Adjacent to the playground at Joe Mann Park is an existing water feature that was turned off in 2015 due to water use restrictions. The nozzles had malfunctioned over the years and parts were difficult to obtain. Staff proposes removing the water feature and installing a steel park shelter for use as a picnic and barbeque area. A notice inviting bids was advertised, and on October 26, 2016, sealed bids were opened and read aloud. The following is a summary of the bids received: Contractor Location Bid Amount T.J. Janca Construction, Inc. Orange, CA $37,600 Zeus Construction Palm Desert, CA $37,800 T.J. Janca Construction, Inc., has successfully completed projects for the City in the past, and staff recommends approval of this contract. Fiscal Analvsis This project is an upgrade to a city park, and there is no fiscal impact beyond the cost to construct the park shelter. Prepared By: Rard�i�'Ch , Landscape Supervisor M. Moore, Director of Finance Approval: Lauri Aylaian, City Manager A rtrlerL Head: Gi a wood, P.E. Director f ublic Works CONTRACT NO. C35740 AGREEMENT THIS AGREEMENT is made and entered into this 10th day of November, 2016, by and between City of Palm Desert, California, hereafter called "CITY" and T.J. JANCA CONSTRUCTION, INC., hereinafter called "CONTRACTOR". WITNESSETH RECITALS: CONTRACTOR has submitted to CITY its Contractor's Bid for the construction of CITY Project, 1. JOE MANN PARK NEW SHELTER INSTALLATION. PROJECT NO.925-17; CONTRACT NO.C35740, in strict accordance with the Contract Documents identified below, 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 Inviting Bids; (c) The Instruction to Bidders; (d) The Contractor's Bid; (e) Public Works Contractor DIR Registration Certification (f) The Bidder's Bond; (g) The Performance Bond; (h) The Payment Bond; (i) General Specifications; 0) The Special Provisions; (k) The Standard Specifications as modified in other portions of the Contract Documents; (1) Any Change Orders issued; (m) Any additional or supplemental specifications, notices, instructions and drawings issued in accordance with the provisions of the Contract Documents (n) The Determination of Prevailing Wage Rates for Public Work, (p) 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 60 Calendar Days from the Notice to Proceed date to the satisfaction of the Engineer. 1 CONTRACT NO. C35740 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. 2 CONTRACT NO. C35740 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 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 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: T.J. JANCA CONSTRUCTION, INC. t. Signature to be notarized TITLE: CITY: BY: TITLE: Mavor of Palm Desert, CA APPROVED AS TO CONTENT: MARK GREENWOOD, P.E. DIRECTOR OF PUBLIC WORKS ATTEST BY: TITLE: ATTEST BY: TITLE: City Clerk of Palm Desert, CA APPROVED AS TO FORM: ROBERT W. HARGREAVES CITY ATTORNEY 3 CONTRACT NO. C35740 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 ) ) ss. 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 4 CONTRACT NO. C35740 PERFORMANCE BOND KNOW ALL MEN BY THESE PRESENTS: That whereas the City of Palm Desert has awarded to T.J. JANCA CONSTRUCTION, INC., hereinafter designated as the "Principal", a contract for: JOE MANN PARK NEW SHELTER INSTALLATION PROJECT NO. 925-17 CONTRACT NO. C35740 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, T.J. JANCA CONSTRUCTION, 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 Thirty-seven Thousand Six Hundred and no/100 Dollars ($37,600.00), 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. Page 1 CONTRACT NO. C35740 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. Page 2 CONTRACT NO. C35740 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 T.J. JANCA CONSTRUCTION, INC. PRINCIPAL BY: BY: (Signature must be notarized) (Signature must be notarized) INSURANCE COMPANY and/or AGENT Name: Address: City/State/Zip Code: 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. State of California ) ) ss. 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 Page 3 CONTRACT NO. C35740 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 ) ) ss. 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 Page 4 CONTRACT NO. C35740 PAYMENT BOND KNOW ALL MEN BY THESE PRESENTS: THAT WHEREAS, the City of Palm Desert (sometimes referred to hereinafter as "City") has awarded to T.J. JANCA CONSTRUCTION, INC. (hereinafter designated as the "CONTRACTOR/PRINCIPAL"), an agreement dated November 10, 2016, described as follows: JOE MANN PARK NEW SHELTER INSTALLATION, PROJECT NO. 925-17, CONTRACT NO. C35740 (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, T.J. JANCA CONSTRUCTION, 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 Thirty-seven Thousand Six Hundred and no/100 Dollars ($37,600.00), 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. Page 1 CONTRACT NO. C35740 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: T.J. JANCA CONSTRUCTION, INC. (Typed Name of CONTRACTOR) By: (Signature) (Typed Name and Title) (Signature must be notarized) The rate of premium on this bond is $ The total amount of premium charged: $ SURETY: (Typed Name of Surety) By: (Signature of Attorney -in -Fact) (Typed Name of Attorney -in -Fact) (Signature must be notarized) per thousand. (the above must be filled in by corporate surety). Page 2 CONTRACT NO. C35740 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 California if different than Surety Name: Name: Address: City/State/Zip Code: Telephone No.: Address: City/State/Zip Code: Telephone No.: Page 3 CONTRACT NO. C35740 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. State of California ) ) ss. 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 Page 4 CONTRACT NO. C35740 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 ) ss. 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 Page 5 C - CONTRACTOR'S BID JOE MANN PARK NEW SHELTER INSTALLATION PROJECT NO. 925-17 CONTRACT NO. C35740 TO: CITY OF PALM DESERT, "CITY" DATE: 10 - Z.5 -- ZD1 G BIDDER: -r , jAIVCA C_0N.ST -TVL "CONTRACTOR" The UNDERSIGNED, "CONTRACTOR", having carefully examined the site and the Contract Documents for the construction of, JOE MANN PARK NEW SHELTER INSTALLATION, PROJECT NO. 925-17, CONTRACT NO. C35740, hereby proposes to construct the work in accordance with the Contract Documents, including Addenda No(s). �w -1 for the amount stated in this Bid. By submitting this Bid, CONTRACTOR agrees with CITY: 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 60 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 Bond amount, check or 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 and cost of maintaining or construction alternate facilities occasioned by the failure to execute and deliver said documents. Page C-1 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. DESCRIPTION UNIT QUANTITY LUMP SUM PRICE Joe Mann Park New Shelter Installation 1 LS $ 37' (000. 6D TOTAL LUMP SUM BID PRICE $ -3-7 / (POD, (yb 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 $ 3-7r (oDO. D-D TOTAL AMOUNT BASE BID IN WORDS —i rr�u-5�2V1 —4)OvS— six inUK-Jr J Jo &Y2,- owl " IN WITNESS WHEREOF CONTRACTOR +executdBid as of date set forth on Page C-1: By:Title: �'rQ�oI �CLVL, Can% CONTRACTOR 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 01r4.n � ) q ) Subscribed and sworn to (or affirmed) before me on this 291(4 day of O cf o be.&- (month),'L0 t(a (year), by - F1W* ti 7TOEVLCA proved to me on the basis of satisfactory evidence to be the person(s) who appeared before me. Signature of Notary Page C-2 LINDA MACKEY Commission # 2044995 i '� Notary Public - California z Z Orange County My Comm. Expires Oct 11, 2017 „ D -- INFORMATION REQUIRED OF BIDDER TO ACCOMPANY BID The bidder is required to supply the following information. Additional sheets may be attached If necessary. (1) Company Name - - -- -- - - (2) Address 2321 N. Batavia St., #105, Orange, CA 92865 (3) Telephone No. (714) 921-3940 (4) Type of Firm (Individual, Partnership or Corporation) Corporation (6) Corporation organized under the laws of the State of California (6) Contractor's License No. 774195 Exp. Date 01/31/2018 (7) Department of Industrial Relations Contractor Registration number: 1000002326 (8) Email Address for DIR Contact lmackey@protectturf.com (9) List the names and addresses of all owners of the firm or names and titles of all officers of the corporation: Tim Janca, sole Officer/Shareholder,14882 Wildcat Canyon Rd., Silverado, CA 92676 (10) Number of years' experience as a Contractor in construction work 30+years (11) List at least three similar projects completed recently: Contract Amount Class of Work Date Completed Name, Address & 1, $28,000 i �2. i i $46,500 i $150,335 Metal Shade June, 2015 Shelter 4 Franklin ES Metal Shade Shelter at Henninger Elem Site prep, concrete, and Surfacing installations September, 2014 February 9, 2016 Page D-1 Telephone No. of Owner Santa Ana USD 1601 E. Chestnut Ave., Santa Ana 92701 Todd Budther - (951) 453-0163 Santa Ana USD 1401 E. Chestnut Ave., Santa Ana 92701 Todd Butcher - (951) 453-0163 Alvord USD 10365 Keller Ave., Riverside, CA 92505 (931) 538.2613 - Jeff Windbigler (12) 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 being reiected as non-res/ponAsive. IV Subcontractor's Name: IV 0 License Number: DIR Contractor Registration No. Business Address: Telephone: Work Description: Percent of Work: Subcontractor's Name: License Number: DIR Contractor Registration No. Business Address: Telephone: Work Description: Percent of Work: Subcontractor's Name: License Number: DIR Contractor Registration No. Business Address: Telephone: Work Description: Percent of Work: (13) List the name of the person who inected the site of the proposed work for your firm --I I � 2 A Ue_X (14) 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. (15) Contractor hereby swears under penalty of perjury that this information provided is true and correct. By: Title: Ru� Signature Contractor Page D-2 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.gov/Public-Works.htmi for additional information. No bid will be accented nor anv 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 herebv certifies that it is aware of the registration requirements set forth in Labor Code sections 1725.5 and 1771.1 and is currentiv registered as a contractor with the Department of Industrial Relations. NAME OF BIDDER: 3 A Vc-4 CUNT TVL DIR REGISTRATION NUMBER: 1()() 0 00 23 2( DIR REGISTRATION NUMBER EXPIRATION DATE: DIR CERTIFIED PAYROLL EMAIL ADDRESS: - tM.4C-�@-PRt)TF(-TTURr,(-c)lv\ 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: �JG-VT IV CDN*T �lV�-- Signature: - I-It Printed Name: � 3A A/C_A Title: pmzr�) Dated: tO -2S Za6 Page E-1 F — NONCOLLUSION DECLARATION To be Executed by Bidder and Submitted with Bid The undersigned declares: I am the of f,4 COV-57- the party making the foregoing bid. The bid is not made in the interest of, or on 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 0 c�c A 20JL, at O CA Ci State By: -- t A ignature Title: P CONTRACTOR Page F-1 Bond No. LSM0891770 G — BIDDER'S BOND To Accompany Bid KNOW ALL MEN BY THESE PRESENTS, Premium Included in BBSU That we. T.J. Janca Construction, Inc. as principal, and Contractors Bondinq and Insurance Company as surety, are held and firmly bound unto the City of Palm Desert in the sum of $ *TPA PPrnPnr 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. 'Amount Bid THE CONDITION OF THIS OBLIGATION IS SUCH, that if the certain bid of the above bounden principal to perform certain work described as follows JOE MANN PARK NEW SHELTER INSTALLATION PROJECT NO 925-17 CONTRACT NO C35740 The general items of work to be done hereunder consist of installation of a new steel shade structure and dated Io /2s/ i V is accepted by the City of Palm Desert, and if the above bounden principal T.J. Janca Construction, 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 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] Page G-1 IN WITNESS WHEREOF, We hereunto set our Hands and Seals this 20th day of October 2016 Contractor's Name: T.J Janca Constructi Inc. Contractor's Signature _ Mu t e Notarized Title: rC6 (dsr4 Address: 2328 Batavia St., #105 Orange, Ca 92865 Telephone. (714)921-3940 Surety's Name: Contractors Bonding and Insurance Company Surety's Signature.__ Must be Aotanzed Title: Vickie Spence, Attorney -In -Fact Address 111 Pacifica, Suite 350 Irvine, Ca 92618 Telephone --- (800)274-2242 Page 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 ) "SEE ATTACHED " 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 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 ) Drtir� ) County of 9 ) On ��'�° �r 2S , 20 t to before me Lt,ul a MAr kC N4,tir-4 T►-t44l c personally appeared tIA 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 �i"DA i;i=y _ Commission # 2044905 r Notary Public - Callfor:,ia i Orange County Page G-3 Comm. Expires Oct 11, 20171 �' CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT CIVIL CODE § 1189 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 ORANGE } On 10/20/16 before me, OLGA S HAPPEL, NOTARY PUBLIC Date Here Insert Name and Title of the Officer personally appeared VICKIE SPENCE Name(s) of Signer(s) 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. OLGA S HAPPEL COMM. it 2053081 # p NOTARY PUBLIC - CAUFORNIA Z y aF .................I.iiii ry MY ORANGE COUNTY ` COMM. EXPIRES DEC. 23, 2017 1 Place Notary Seal Above 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 �\L Sig�pture of Notary Public OPTIONAL Though this section is optional, completing this information can deter alteration of the document or fraudulent reattachment of this form to an unintended document. Description of Attached Document Title or Type of Document: BOND Document Date: 10/20/16 Number of Pages: 3 Signer(s) Other Than Named Above: Capacity(ies) Claimed by Signer(s) Signer's Name: ❑ Corporate Officer — Title(s): ❑ Partner — ❑ Limited ❑ General ❑ Individual ❑ Attorney in Fact ❑ Trustee ❑ Guardian or Conservator ❑ Other: Signer Is Representing: Signer's Name: ❑ Corporate Officer — Title(s): ❑ Partner — ❑ Limited ❑ General ❑ Individual ❑ Attorney in Fact ❑ Trustee ❑ Guardian or Conservator ❑ Other: Signer is Representing: :t,L.,�-�. �..�.t.c:Ycw<rtzs.Septccs�.Se<.4�.'4x�.tws<t..s•.wZnu'+c,S,.�,sti.Lc. Yl.;.�.usn.S[..Se�.tn-sR:sl..�uS�.,th=sl.:,h: r'..u�,C.`�t.�c.Sh . ©2014 National Notary Association • www.NationaINotary.org • 1-800-US NOTARY (1-800-876-6827) Item #5907 Chic Contractors Bonding and insurance Compam P O Box 3967 Peoria It. 61612-3907 ....uc� _ Phone (309)692-1000 Fax (309)683-1610 Know All Men by These Presents: POWER OF ATTORNEY Contractors Bonding and Insurance Company Bond No. _ LSM0891770 That the Contractors Bonding and Insurance Companv , a corporation organized and existing under the laws of the State of Illinois and authorized and licensed to do business in all states and the District of Columbia does hereby make, constitute and appoint: Vickie Spence in the City of Irvine . State of California as Attornev In Fact with full power and authority hereby conferred upon him/her to sign, execute, acknowledge and deliver for and on its behalf as Surety, in general, any and all bonds, undertakings, and recognizances in an amount not to exceed Ten Million and 001100 Dollars ( S10,000,000.00 ) for any single obligation, and specifically for the following described bond. Principal: ._,I'•,1. Janea Construction,_Inc._ Obligee: _-Citv_of Palm. -Desert Bond Amount: Ill_% of Total Amount Bill _ The Contractors Bonding and Insurance Companv further certifies that the following is a true and exact copy of a Resolution adopted by the Board of Directors of Contractors Bonding and Insurance Companv , and now in force to -wit: "All bonds, policies, undertakings, Powers of Attorney or other obligations of the corporation shall be executed in the corporate name of the Company by the President, Secretary, any Assistant Secretary, Treasurer, or any Vice President, or by such other officers as the Board of Directors may authorize. The President, any Vice President, Secretary, any Assistant Secretary, or the Treasurer may appoint Attorneys in Fact or Agents who shall have authority to issue bonds, policies or undertakings in the name of the Company. The corporate seal is not necessary for the validity of any bonds, policies, undertakings, Powers of Attorney or other obligations of the corporation. The signature of any such officer and the corporate seal may be printed by facsimile." IN WITNESS WHEREOF, the its Vice President ATTEST: Contractors Bonding and Insurance Comt)anv has caused these presents to be executed by with its corporate seal affixed this 20th day of October 2016 . OUIL'LL Cherie I.. Montgorncn ssistant Sccretan G AND �0 OONGOpPORgTSG9�Z�,• SEAL :D •/L LIN015 Contractors Bonding and Insurance Company �6W lv.? -- Barton W. Da,. is Vice President On this 20th day of October 20I6 before me, a Notary Public, personally appeared Barton W. Davis and Cherie L. Monteomery who being by me duly sworn, acknowledged that they signed the above Power of Attorney as Vice President and Assistant Secretary , respectively, of the said Contractors Bonding and Insurance Companv and acknowledged said instrument to be the voluntary act and deed of said corporation. ,.OFFICIAL SEAL V( IA Y C JACO'JUNF.. M BCC<LER .lac lellne till. Bock r Notan Public f,� s. COMMISSION EXPIRES OV14;18 A0006104SIBS 13ID I� u WOODHAVEN DR S MICHIGAN DR H O-V-L-E-Y-L-N-5 PARK SHELTER HO-V-L-E-Y-L-N-E VENUE OF THE STATES rMISSOURI DR l ( l MISSOURI DR 2 O to 2 O O Q y l I JOE MANN PARK I_)a'e 201 u nUDLE-KDR— opY 9 — y r, _ ri ht: ©2012-Esri,-De-or , NAVTEQ . e ViCINITY MAP