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HomeMy WebLinkAboutC34060 Catch Basin Drain Cleaning 501-15Contract No. C34060 CITY OF PALM DESERT PUBLIC WORKS DEPARTMENT STAFF REPORT REQUEST: AWARD CONTRACT NO. C34060 FOR THE CATCH BASIN AND DRAIN CLEANING PROJECT TO K-VAC ENVIRONMENTAL SERVICES IN THE AMOUNT OF $56,732 (PROJECT NO. 501-15) SUBMITTED BY: Mark Greenwood, P.E., Director of Public Works CONTRACTOR: K-VAC Environmental Services, Inc. 8910 Rochester Avenue Rancho Cucamonga, CA 91730 DATE: January 22, 2015 CONTENTS: Contract Agreement and Bonds Contractor's Proposal Location Map Recommendation By Minute Motion: 1. Award Contract No. C34060 for the Catch Basin and Drain Cleaning Project to K-VAC Environmental Services, Inc., of Rancho Cucamonga, California, in the amount of $56,732 (Project No. 501-15); 2. Authorize the Director of Finance to set aside a 10 percent contingency in the amount of $5,673.20; and 3. Authorize the Mayor to execute the agreement. Funding is available for this project in the Storm Drain Maintenance Reserve Account: 420-4314-433-3320. Staff Report Award Contract C34060 to K-VAC Environmental Services (Project 501-15) Page 2 of 2 January 22, 2015 Background As a critical component of the City's overall stormwater management program, drainage facilities must be regularly inspected and cleaned. Catch basins trap sediment and other solids that might otherwise clog a storm sewer and cause flooding. The regular removal of trapped sediment and debris from these facilities reduces the incidence of foul odors, minimizes contamination in receiving waters, and satisfies some of the requirements of the City's NPDES (National Pollutant Discharge Elimination System) permit. A call for bids for the revised project was advertised, and on January 9, 2015, sealed bids were opened and read aloud. The following is a summary of the bids received: Contractor Location Bid Amount K-VAC Environmental Rancho Cucamonga, CA $ 56,732 Ocean Blue Environmental Long Beach, CA $ 96,690 United Stormwater City of Industry, CA $ 125,238 Empire Pipe Cleaning Orange, CA $ 128,500 Pro Pipe Walnut, CA $ 159,000 Downstream Services Escondido, CA $ 169,500 NorCal Pipeline Yuba City, CA $ 281,500 TriStar Contracting Desert Hot Springs, CA $ 320,343 K-VAC Environmental Services submitted the lowest responsive bid. The work is expected to be done from February to July. Fiscal Analysis This project is being done as a part of the City's storm drain maintenance program. There is no fiscal impact beyond the contract amount. /1 t Ryaff Gayl$V)Project Administrator PaVS. Gi s n, Director of Finance Approval: mdnl Head: Mark Grfqriwood, P.t. Director o Public Works M. Wohlmuth, City Manager AGREEMENT THIS AGREEMENT is made and entered into this 22"d day of January, 2015, by and between City of Palm Desert, California, hereafter called "CITY" and K-VAC Environmental Services, Inc. hereinafter called "CONTRACTOR". WITNESSETH RECITALS: CONTRACTOR has submitted to CITY its Contractor's Bid for the construction of CITY Project, 1. CATCH BASIN AND DRAIN CLEANING PROJECT, PROJECT NO. 501-15, CONTRACT NO. C34060, 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) The Bidder's Bond; (f) The Performance Bond; (g) The Payment Bond; (h) The General Specifications; (i) The Special Provisions; 0) The Standard Specifications as modified in other portions of the Contract Documents; (k) The Plans; (1) Addenda Nos. 1 and 2; (m) Any Change Orders issued; (n) Any additional or supplemental specifications, notices, instructions and drawings issued in accordance with the provisions of the Contract Documents (o) The Determination of Prevailing Wage Rates for Public Work. 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 150 Calendar Days from the Notice to Proceed date to the satisfaction of the Engineer. Contract No. C34060 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. C34060 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. Execution of the Agreement by the parties constitutes their agreement to abide by all applicable provisions of the California Labor Code; constitutes contractor's certification that he is aware of the provisions of said Code and will comply with them; and further constitutes Contractor's certification as follows: "I am aware of the provisions of Section 3700 of the California Labor Code which requires every employer to be insured against liability for worker's compensation or to undertake self insurance in accordance with the provisions of that Code, and I will comply with such provisions before commencing the performance of the work of this contract." IN WITNESS WHEREOF the parties hereto have executed or caused to be executed by their duly authorized officials, this Agreement which shall be deemed an original on the date first above written. CONTRACTOR: BY: Signature to be notarized TITLE: CITY: M TITLE: Mayor 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: DAVID J. ERWIN CITY ATTORNEY Contract No. C34060 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. CONTRACTOR ACKNOWLEDGMENT 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 (seal) PERFORMANCE BOND KNOW ALL MEN BY THESE PRESENTS: That whereas the City of Palm Desert has awarded to K-VAC Environmental Services, Inc. hereinafter designated as the "Principal", a contract for: CATCH BASIN AND DRAIN CLEANING PROJECT PROJECT NO. 501-15 CONTRACT NO. C34060 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, K-VAC Environmental Services, 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 Fifty-six Thousand Seven Hundred Thirty-two and no cents Dollars ($56,732.00), 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 above bounded Principal, his executors, heirs, administrators, and successors, or assigns, shall in all things stand to and abide by, and well and truly keep and perform the covenants and agreements in the said contract and any alterations thereof made as therein provided, on his or their part, to be kept and performed at the time and in the manner therein specified, and in all respects according to their true intent and meaning, and shall indemnify and save harmless the City, its officers and agents, as therein stipulated, then this obligation shall become null and void; otherwise, it shall be and remain in full force and virtue. And the said Surety, for value received, hereby stipulates and agrees that no change, extension of time, alteration or addition to terms of the contract or to the work to be performed thereunder or the specifications accompanying the same shall in any wise affect its obligations on this bond, and it does hereby waive notice of any such change, extension of time, alterations or additions to the terms of the contract or to the work or the specifications. Should it become necessary for the City to institute a lawsuit or any other legal proceeding to enforce the terms and conditions of this bond, then all costs of said proceeding, including attorneys' fees, shall be awarded to the prevailing party. Contract No. C34060 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 MV (Signature must be notarized) Name: Address: City/State/Zip Code: Telephone No.: PRINCIPAL (Signature must be notarized) INSURANCE COMPANY and/or AGENT Contract No. C34060 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 .M SURETY ACKNOWLEDGEMENT ) SS. before me, personally appeared who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. WITNESS my hand and official seal. Signature (Seal) Contract No. C34060 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 PRINCIPAL ACKNOWLEDGEMENT ) SS. 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. certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. WITNESS my hand and official seal. Signature (Seal) PAYMENT BOND KNOW ALL MEN BY THESE PRESENTS: THAT WHEREAS, the City of Palm Desert (sometimes referred to hereinafter as "Obligee") has awarded to K-VAC Environmental Services, Inc. (hereinafter designated as the "CONTRACTOR"), an agreement dated January 22, 2015 described as follows: CATCH BASIN AND DRAIN CLEANING PROJECT, PROJECT NO. 501-15, CONTRACT NO. C34060, (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, K-VAC Environmental Services, 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 Fifty-six Thousand Seven Hundred Thirty-two and no cents Dollars ($56,732.00), said sum being not less than one hundred percent (100%) of the total amount payable by the said Obligee under the terms of the said Contract, for which payment well and truly to be made, we bind ourselves, our heirs, executors and administrators, successors and assigns, jointly and severally, firmly by these presents. THE CONDITION OF THIS OBLIGATION IS SUCH, that, if said CONTRACTOR, his or its heirs, executors, administrators, successors or assigns, or Subcontractors, shall fail to pay for any materials, provisions or other supplies, implements, machinery or power used in, upon, for or about the performance of the Public Work contracted to be done, or to pay any person for any work or labor of any kind, or for bestowing skills or other necessary services thereon, or for amounts due under the Unemployment Insurance Code with respect to such work or labor, or for any amounts required to be deducted, withheld, and paid over to the Employment Development Department from the wages of employees of said CONTRACTOR and his or its Subcontractors pursuant to Section 13020 of the Unemployment Insurance Code with respect to such work and labor as required by the provisions of Section 9100 et seq. of the Civil Code, or for any amounts required to be deducted, withheld, and paid over to the Franchise Tax Board or Internal Revenue Service from the wages of employees of the CONTRACTOR or his or its Subcontractors, the Surety or Sureties hereon will pay for the same in an amount not exceeding the sum specified in this bond, otherwise the above obligation shall be void. In addition to the provisions herein above, it is agreed that this bond will inure to the benefit of any and all persons, companies and corporations entitled to serve stop payment notices under Section 9100 of the Civil Code, so as to give a right of action to them or their assigns in any suit brought upon this bond. The Surety, for value received, hereby stipulates and agrees that no change, extension of time, alteration or addition to the terms of the said Contract or to the work to be Contract No. C34060 performed thereunder or the Specifications accompanying the same shall in any way affect its obligations on this bond, and it does hereby waive notice of any such change, extension of time, alteration or addition to the terms of the Contract or to the Specifications. No final settlement between the Obligee and the CONTRACTOR hereunder shall abridge the right of any beneficiary hereunder, whose claim may be unsatisfied. CONTRACTOR and Surety agree that if the Obligee is required to engage the services of an attorney in connection with the enforcement of the bond, each shall pay Obligee's reasonable attorney's fees incurred, with or without suit, in addition to the above sum. IN WITNESS WHEREOF, we have hereunto set our hands and seals this day of , 20 PRINCIPAL/CONTRACTOR: (Typed Name of Principal/Contractor) (Signature) (Signature to be Notarized) (Typed Name and Title) SURETY: 0 (Typed Name of Surety) (Signature of Attorney -in -Fact) (Signature to be Notarized) (Typed Name of Attorney -in -Fact) The rate of premium on this bond is $ The total amount of premium charged: $ (the above must be filled in by corporate surety) perthousand IMPORTANT: Surety companies executing bonds must possess a certificate of authority from the California Insurance Commissioner authorizing them to write surety insurance defined in Section 105 of the California Insurance Code, and if the work or project is financed, in whole or in part, with federal, grant or loan funds, it must also appear on the Treasury Department's most current list (Circular 570 as amended). THIS IS A REQUIRED FORM: Any claims under this bond may be addressed to: Surety Agent or Representative for service of process in California if different from above Name: Name: Address: Address: City/State/Zip Code: City/State/Zip Code: Telephone No.. Telephone No.: Contract No. C34060 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. PRINCIPAL/CONTRACTOR ACKNOWLEDGEMENT State of California County of On ) SS. before me, personally appeared who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. WITNESS my hand and official seal. Signature (Seal) Contract No. C34060 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. SURETY ACKNOWLEDGEMENT 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 (Seal) C - CONTRACTOR'S BID CATCH BASIN AND DRAIN CLEANING PROJECT PROJECT NO.501-15 CONTRACT NO. C34060 TO: CITY OF PALM DESERT, "CITY" DATE: January 9, 2015 BIDDER: K-VAc Environmental Services, Inc. "CONTRACTOR" The UNDERSIGNED, "CONTRACTOR", having carefully examined the site and the Contract Documents for the construction of, CATCH BASIN AND DRAIN CLEANING PROJECT, PROJECT NO. 501-15, CONTRACT NO. C34060, hereby proposes to construct the work in accordance with the Contract Documents, including Addenda No(s). I and 2 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 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 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 Page C-1 cost of maintaining or oonstruction alternate facilities occasioned by the failure to execute and deliver said documents. It is understood that the quantities shown hereon, except for those quantifies 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. 1 Mobilization LS 1 $ 1080.00 $ 1088.00 2 Traffic Control LS 1 $ 1820.00 $ 1820.00 3 Clean Catch Basin EA 800 $ 38.00 $ 30,400 4 Clean Under -Sidewalk Drain EA 100 $ 50.00 $ 5,000 5 Clean Storm Drain Line LS 1 $18,432 $ 18,432 TOTAL BID PRICE $ 56,732.00 Page C-2 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 $i73z • °O TOTAL AMOUNT BASE BID IN WORDS F1 ry - S %X THoUSAN 0 S 410W + UNMEO Ti4lkTU--Wi) DOLLARS AND 40 CEI. M IN WITNESS WHEREOF CONTRACTOR executed this Bid as of date set forth on Page G1: By: C& Signature Title: C,F..O. CONTRACTOR State of California County of f) Subscribed and swum to or affirmed) before me on this day of i (month), %.z,?IQ--.r . proved to me on the basis of satisfactory evidence to be the personw who appeared before me. Signature of Notary ,�/ Y 1 z .c -1 (Seal of Notary) M. wou Ntses �o soy Page C-3 (10) Pursuant to California Public Contracting Code, Section 4100 et. Seq., the following list gives the name business address, and 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. Subcontractor's Name: License Number: D- ► --T 43!J3559 Business Address: Po. Box 4562 DovJ NEy CA Telephone: 213 - 359 - 3S27 Work Description: CgrcN 806jt AND U9DM DRA19 Percent f Work: 50% Subcontractor's Name: License Number: Business Address: Telephone: Work Description: Percent of Work: Subcontractors Name: License Number: Business Address: Telephone: Work Description: Percent of Work: (11) List the name of the person who inspected the site of the proposed work for your firm KIMSERt" Cot.BERT (12) 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. (13) Contractor hereby swears under penalty of perjury that this Information provided is true a By: Title: CFO.K �AG E�><�rmNrt ►� Seed�c�s We— Sin ureV Contractor Page D-2 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 K-VAC Environmental Services. Inc (2) Address 8910 Rochester Avenue, Rancho Cucamonga, CA 91730 (3) Telephone No. (909) 476-2308 (4) Type of Firm (Individual, Partnership or Corporation) S- Corporation (5) Corporation organized under the laws of the State of California (6) Contractor's License No. 977254 Exp. Date 9-36-20110 (7) List the names and addresses of all owners of the firm or names and titles of all officers of the corporation: Diana Knifer, CEO 8910 Rochester Avenue Rancho Cucamonga, CA 91760 Fred Knifer, CFO 8910 Rochester Avenue Rancho Cucamonga, CA 917AO (8) Number of years' experience as a Contractor in construction work (9) List at least three similar projects completed recently: 18 Contract Amount Class of Work Date Completed Name, Address & Te one No. of Owner 1. $100,00.00 Catch Basin County of Orange, Public Works Cleaning Ongoing 222 E Bistol St, Orange, CA 92865 hone: (714) 667-9627 2. Waste Brine Coachella Valley Water District $304,500.00 Transportation Ongoing 75515 Hovley Lane East and Disposal Palm Desert, CA 92211 3 No Limit Hazardous Waste Golden State Water Company Removal Services Ongoing 2143 Convention Center Way Ste 110 Ontario, CA 91764 Page D-1 E - NONCOLLUSION DECLARATION To be Executed by Bidder and Submitted with Bid The undersigned declares: I am the CEO of K-Vac Enviromental Services, Inc , 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 January 9, , 20_,, at Rancho Cucamonga CA city state By: Diana Kniffh Signature Title: CEO CONTRACTOR Page E-1 F — BIDDER'S BOND To Accompany Bid KNOW ALL MEN BY THESE PRESENTS, That We, K-Vac Environmental Services, Inc. as principal, and Aw-grAJ IKmmtj%tuQwA a as surety, are held and firmly bound unto the City of Palm Desert in the sum o'— f $ 5.6'13 . 2-0 (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: CATCH BASIN AND DRAIN CLEANING PROJECT PROJECT NO.501-15 CONTRACT NO. C34060 The general items of work to be done hereunder consist of: Mobilization, Traffic Control, Clean Catch Basin, Clean Drain Pipe, and Clean Under -Sidewalk Drain, and dated is accepted by the City of Palm Desert, and if the above bounden principal shall duly enter into and execute a contract for such construction, and shall execute and deliver the Performance Bond and Payment Bond and insurance certificates as required by said contract, then this obligation shall become null and void; otherwise it shall be and remain in full force and effect. Should it become necessary for the City to institute a lawsuit, or any other legal proceeding to enforce the terns and conditions of this bond, then all costs of said proceeding, including attorneys 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 F-1 IN WITNESS WHEREOF, We hereunto set our Hands and Seals this 8th day Of January 2014 Contractor's Name: Contractor's Signature: Title: K-VAC E C.E.D 1 Services, Inc. Address: 8910 Rochester Avenue, Rancho Cucamonga, CA 91730 Telephone: (909) 476-2308 Surety's Name: American Contractors Indemnity Company Surety's Signature: ; ;4, '' ,. Title: Erik K. Johansson, Attorney -in -Fact Address: 15901 Red Hill Avenue, Suite 100, Tustin, CA 92780 Telephone (714)824-8367 Acknowledgment State of California /� ) County of Io On Ja i, `, U ,-v v2 U/ S before me. Ha !' y tr ,6T 5. N-c �r personally appeared 4� 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 Wshe/tW"y executed the same in WVher/#Wrrr authorized capacityW, and that by WherAN& signaturefAl on the instrument the personK, or the entity upon behalf of which the personK acted, executed the instrument. I certify under PENALTY OF PERJURY under the laws of the State of Califomia that the foregoing paragraph is true and correct. WITNESS my hand and official seal. Signature,%1 d-L1.lzd (Seal) ------------------- M. HOLM Page F-2 Cam*$" a 1>N1sez 4D Arr . We"" sea eereeWO Cft" MY Com. Ea tree Jea 10. 2016 CALIFORNIA ALL PURPOSE ACKNOWLEDGMENT STATE OF CALIFORNIA } COUNTY OF Orange ) ! On JAN 0 8 2015 before me, Melissa A. Lopez, Notary Public, Date (here insert name and tide of the officer) 1 personally appeared Erik K. Johansson who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/am subscribed to the within instrument and acknowledged to me that he/xkx0he c executed the same in his/kvxAb it authorized capacity(im), and that by his/benAbnir signature(s) on the instrument the person(a), or the entity upon behalf of which the person(s) acted, executed the instrument. II 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. y Fu�':C Gunge CO�Iay �. ,. � i y ,n,-�- s Mar 22.?�.' �. Signature: �� �.i �,'� `�,,?`- (Sea)) Description of Attached Document Title or Type of Document: Document Date: Other: OPTIONAL Number of Pages: POWER OF ATTORNEY AMERICAN CONTRACTORS INDEMNITY COMPANY UNITED STATES SURETY COMPANY U.S. SPECIALTY INSURANCE COMPANY KNOW ALL MEN BY THESE PRESENTS: That American Contractors Indemnity Company, a California corporation, United States Surety Company, a Maryland corporation and U.S. Specialty Insurance Company, a Texas corporation (collectively, the "Companies"), do by these presents make, constitute and appoint: Erik K. Johansson, Kevin S. Bogart, or James E. Gutmann of Tustin, California its true and lawful Attorneys) -in -fact, each in their separate capacity if more than one is named above, with full power and authority hereby conferred in its name, place and stead, to execute, acknowledge and deliver any and all bonds, recognizances, undertakings or other instruments or contracts of suretyship to include riders, amendments, and consents of surety, providing the bond penalty does not exceed *****Five Million***** Dollars (S **5,000,000.00** ). This Power of Attorney shall expire without further action on December 08. 2016. This Power of Attorney is granted under and by authority of the following resolutions adopted by the Boards of Directors of the Companies: Be it Resolved. that the President, any Vice-Presiden4 any Assistant Vice -President, any Secretary or any Assistant Secretary shall be and is hereby vested with full power and authority to appoint any one or more suitable persons as Attomey(s)-in-Fact to represent and act for and on behalf of the Company subject to the following provisions: Attorney -in -Fact may be given full power and authority for and in the name of and on behalf of the Company, to execute, acknowledge and deliver, any and all bonds, recognizances, contracts, agreements or indemnity and other conditional or obligatory undertakings, including any and all consents for the release of retained percentages and/or final estimates on engineering and construction contracts, and any and all notices and documents canceling or terminating the Company's liability thereunder, and any such instruments so executed by any such Attorney -in -Fact shall be binding upon the Company as if signed by the President and sealed and effected by the Corporate Secretary. Be it Reso/ved, that the signature of any authorized officer and seal of the Company heretofore or hereafter affixed to any power of attorney or any certificate relating thereto by facsimile, and any power of attorney or certificate bearing racsimile signature or facsimile seal shall be valid and binding upon the Company with respect to any bond or undertaking to which it is attached. IN WITNESS WHEREOF, The Companies have caused this instrument to be signed and their corporate seals to be hereto affixed, this I Oth day of December, 2012. AMERICAN CONTRACTORS INDEMNITY COMPANY UNITED STATES SURETY COMPANY U.S. SPECIALTY INSURANCE COMPANY Corporate Seals p'o...,, _ _ UCOMO�YfO - �it � � N ,b � Daniel P Vic e President ��A u'dr State of California +i;ror+,`�'f• County of Los Angeles SS: On 1 Oth day of December, 2012, before me, Vanessa Wright, a notary public, personally appeared Daniel P. Aguilar, Vice President of American Contractors Indemnity Company, United States Surety Company and U.S. Specialty Insurance Company who proved to me on the basis of satisfactory evidence to he the person whose name is subscribed to the within instrument and acknowledged to me that he executed the same in his authorized capacity, and that by his signature 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. uV1111111111iff IL16 r- t?ewarwa I IMS1t Signature - _ (Seal) un how" cawar It COWL E Ou 4. J!" I, Jeannie Lee, Assistant Secretary of American Contractors Indemnity Company, United States Surety Company and U.S. Specialty Insurance Company, do hereby certify that the above and foregoing is a true and correct copy of a Power of Attorney, executed by said Companies, which is still in full force and effect; furthermore, the resolutions of the Boards of Directors, set out in the Power of Attorney are in full force and ef)ect. In Witness t, j�htd tereunto set my hand and affixed the seals of said Companies at Los Angeles, California this day of SAn Zj t� Corporate Seals /�rf I/,r,;,t/_�/,A/^ .`•t, .. �1Q,�...-.RfT' i:.' °tie'" l• '� 1 1„ "' �^", 4o: ' :fir:•' - •,Q`. .. �', t �- Bond No. '?'`.: =; Y + �_ Jeannie Lee, Assistant Secretary Agency No. _ 3489 "'° Company Profile Page 1 of 1 Company Profile Company Search Company Search Results Company Information Old Company Names Agent for Service Reference Information NAIC Group List Unes of Business Workers' Compensation Complaint and Request for Action/Appeals Contact Information Financial Statements PDF's Annual Statements Quarterly Statements Company Complaint Company Performance & Comparison Data Company Enforcement Action Composite Complaints Studies Additional Info Find A Company Representative In Your Area View Financial Disclaimer COMPANY PROFILE Company Information AMERICAN CONTRACTORS INDEMNITY COMPANY 601 S. FIGUEROA STREET, SUITE 1600 LOS ANGELES, CA 90017 Old Company Names Agent For Service ANNA NOVEMAN 601 S. FIGEROA STREET SUITE 1600 LOS ANGELES CA 90017 Reference Information Effective Date NAIC #: 11 10216 California Company ID #: 3634-3 -� Date Authorized in California: 05/23/1994 License Status: UNLIMITED -NORMAL Company Type: Property & Casualty State of Domicile: ^� CALIFORNIA back to top NAIL Group List NAIC Group it: 0984 HCC INS HOLDINGS GRP Lines Of Business The company is authorized to transact business within these lines of insurance. For an explanation of any of these terms, please refer to the glossary. SURETY back to top cc) 2008 California Department of Insurance https:llinteractive.web.insurance.ca.gov/companyprofile/companyprofile?event=company Pr... 1 /9/2015 teck A License - License Detail - Contractors State License Board Page I o Contractor's License Detail for License # 972124 'iSCLAIMER: A license status check provides information taken from the CSLB license database. Before relying on this iformation, you should be aware of the following limitations. CSLB complaint disclosure is restricted by law (S&P 7124.6) If this entity is subject to public complaint disclosure, a link for complaint disclosure will appear below. Click on th link or button to obtain complaint and/or legal action information. Per B&P 707 A. 17 , only construction related civil judgments repoAed to the CSLB are disclosed. Arbitrations are not listed unless the contractor fails to comply with the terms of the arbitration. Due to workload, there may be relevant information that has not yet been entered onto the Board's license database. This license is current and active. All information below should be reviewed. D63 - CONSTRUCTION CLEAN-UP Business Information RON'S MAINTENANCE 11542 HORLEY AVENUE DOWNEY, CA 90241 Business Phone Number:(562) 861-2430 Entity Sole Ownership Issue Date 04/16/2012 Expire Date 04/30/2016 License Status Classifications Bonding Information Contractor's Bond This license filed a Contractors Bond with AMERICAN CONTRACTORS INDEMNITY COMPANY. Bond Number: 100192658 Bond Amount: $12,500 Effective Date: 04/10/2012 Workers' Compensation This license has workers compensation insurance with the STATE COMPENSATION INSURANCE FUND Policy Number:1430157 Effective Date: 07/01 /2012 Expire Date: 07/0112015 Workers' Compensation History ps://www2.csib.ca.gov/OntineServices/CheckLicenseIIlLicenseDetail.aspx?LicNum=972124 1 /9/20 teck A License - License Detail - Contractors State License Board Page 1 o Contractor's License Detail for License # 977254 -ISCLAIMER: A license status check provides information taken from the CSLB license database. Before relying on this iformation, you should be aware of the following limitations. CSLB complaint disclosure is restricted by law (B&P 7124.6) If this entity is subject to public complaint disclosure, a link for complaint disclosure will appear below. Click on th link or button to obtain complaint and/or legal action information Per B&P 7071.17 , only construction related civil judgments reported to the CSLB are disclosed. Arbitrations are not listed unless the contractor fails to comply with the terms of the arbitration. Due to workload, there may be relevant information that has not yet been entered onto the Board's license database. Business Information K - VAC ENVIRONMENTAL SERVICES INC P O BOX 3058 RANCHO CUCAMONGA, CA 91729 Business Phone Number:(909) 476-2308 Entity Corporation Issue Date 09/28/2012 Expire Date 09/30/2016 License Status This license is current and active. All information below should be reviewed. A - GENERAL ENGINEERING CONTRACTOR HAZ - HAZARDOUS SUBSTANCES REMOVAL Classifications Certifications Bonding Information Contractor's Bond This license filed a Contractor's Bond with AMERICAN CONTRACTORS INDEMNITY COMPANY. Bond Number: 100205919 Bond Amount: $12,500 Effective Date: 0921/2012 Bond of Qualifying Individual The Responsible Managing Officer (RMO) KNIFER FRED GEORGE JR certified that he/she owns 10 percent or more of the voting stock/equity of the corporation. A bond of qualifying individual is not required. Effective Date: 10/302013 Workers' Compensation This license has workers compensation insurance with the FEDERAL INSURANCE COMPANY Policy Number:0044727738 Effective Date: 04/01 /2014 Expire Date: 04/012015 Workers' Compensation History ps://www2.eslb.ca.gov/OntineServices/CheekLicenseIi/l,icenseDetail.aspx?[.icNum=977254 1 /9/20 DINAH SHORE DR GERAL•DTORDiDR wow i ¢ O ti �O 4 FR K S�INA•TRA•DR O 0 y T • Y m ^ r• 01 O coC1 l� J 11"i •- COUNTRY CLUB DR Q W HO '- RU W HOVLEY L•N,EO2 W HO:VL•EY L•N•E H �a z PJ E � • 3 MAGNEWIMFAL•L--S DR 2 W O o CAL-IF� ¢ m FRED-WARINGDR-" 3 1 O 0R3 EL PASEO W • O O ,FAIRWAY DR _GRAPEVINE-S1"SO HAYS - ME -VIEW DR Palm Desert Catch Basins uvrL�vu-