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HomeMy WebLinkAboutC34140 - 2015 Curb Ramp Modification 753-15Contract No. C34140 CITY OF PALM DESERT PUBLIC WORKS DEPARTMENT STAFF REPORT REQUEST: AWARD CONTRACT NO. C34140 FOR CONSTRUCTION OF THE 2015 CURB RAMP MODIFICATION PROJECT TO DVBE ASAP, INC., OF MORENO VALLEY, CALIFORNIA, IN THE AMOUNT OF $96,300 (PROJECT NO. 753-15) SUBMITTED BY: Mark Greenwood, P.E., Director of Public Works CONTRACTOR: DVBE ASAP, Inc. 28840 Bay Avenue Moreno Valley, CA 92555 DATE: March 12, 2015 CONTENTS: Contract Agreement and Bonds Contractor's Proposal Location Map Recommendation By Minute Motion: 1. Award Contract No. C34140 for construction of the 2015 Curb Ramp Modification Project to DVBE ASAP, Inc., of Moreno Valley, California, in the amount of $96,300 (Project No. 753-15); 2. Authorize the Director of Finance to set aside a 10 percent contingency in the amount of $9,630; and 3. Authorize the Mayor to execute the agreement. Funds are available in Account Number 231-4312-433-4001, New Construction Tax/ADA Curb Ramp. Background The Americans with Disabilities Act (ADA) requires that when improvements are made to streets, the adjacent infrastructure must be brought up to ADA standards. An asphalt resurfacing project recently took place on the streets adjacent to the curb ramps in this project. Many of the ramps do not comply with ADA standards. This project will bring the ramps into compliance. Staff Report Award Contract No. C34140 to DVBE ASAP, Inc. (Project No. 753-15) Page 2 of 2 March 12, 2014 A call for bids was advertised and on February 17, 2015, sealed bids were opened and read aloud. The following is a summary of the bids received: Contractor Location Bid Amount DVBE ASAP, Inc. Moreno Valley, CA $ 96,300 Westcon Construction Indio, CA $111,510 J.D.C., Inc. Rancho Cucamonga, CA $145,730 DVBE ASAP, Inc. submitted the lowest responsive bid in the amount of $96,300. Fiscal Analysis This is an on -going maintenance activity with no fiscal impact beyond the contract amount. Prepare y. Department Head: Ryan ayler roject Administrator Mark Greenwood, P.E. Director of Public Works Paul S. Gibson, Director of Finance n M. Wohlmuth, City Manager Contract No. 34140 AGREEMENT THIS AGREEMENT is made and entered into this 12'h day of March, 2015, by and between City of Palm Desert, California, hereafter called "CITY" and DVBE ASAP, Inc. hereinafter called "CONTRACTOR". WITNESSETH RECITALS: CONTRACTOR has submitted to CITY its Contractor's Bid for the construction of CITY Project, 1. 2015 CURB RAMP MODIFICATION PROJECT, PROJECT NO. 753-15, CONTRACT NO. C34140, 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; Q) The Standard Specifications as modified in other portions of the Contract Documents; (k) The Plans; (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. 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 30 Calendar Days from the Notice to Proceed date to the satisfaction of the Engineer. 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 $1,000.00 per calendar day of delay. 4. Should any litigation or arbitration be commenced between the parties concerning the works of improvements as referenced herein, the prevailing party in any such litigation, being the CITY or the Contractor, should be entitled to a reasonable sum for attorney's fees incurred in any such litigation relating to this Contract. 5. This Agreement shall be binding upon all parties hereto and their respective heirs, executors, administrators, successors, and assigns. 6. Contractor shall be paid in the manner set forth in the Contract Documents the amount of its Bid as accepted by CITY, subject to such additions and deductions as may be made pursuant to the Contact Documents and applicable law. Satisfactory Performance: The prime Contractor agrees to pay each Subcontractor under this prime contract for satisfactory performance of its contract no later than 10 days from the receipt of each payment the prime Contractor receives from City of Palm Desert. Any delay or postponement of payment from the above referenced time frame may occur only for good cause following written approval of the City of Palm Desert. 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: ATTEST BY: Signature to be notarized TITLE: TITLE: CITY: AN TITLE: Mayor of Palm Desert, CA APPROVED AS TO CONTENT: MARK GREENWOOD, P.E. DIRECTOR OF PUBLIC WORKS ATTEST BY: TITLE: City Clerk of Palm Desert, CA APPROVED AS TO FORM: DAVID J. ERWIN CITY ATTORNEY 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 (seal) PERFORMANCE BOND KNOW ALL MEN BY THESE PRESENTS: That whereas the City of Palm Desert has awarded to DVBE ASAP, Inc. hereinafter designated as the "Principal", a contract for: 2015 CURB RAMP MODIFICATION PROJECT PROJECT NO. 753-15 CONTRACT NO. C34140 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, DVBE ASAP, 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 Ninety-six Thousand Three Hundred and no cents Dollars ($96,300), 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. 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 (Signature must be notarized) (Signature must be notarized) INSURANCE COMPANY and/or AGENT ADDRESS TELEPHONE NUMBER 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 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 PAYMENT BOND KNOW ALL MEN BY THESE PRESENTS: THAT WHEREAS, the City of Palm Desert (sometimes referred to hereinafter as "Obligee") has awarded to DVBE ASAP, Inc. (hereinafter designated as the "CONTRACTOR"), an agreement dated March 12, 2015 described as follows: 2015 CURB RAMP MODIFICATION PROJECT, PROJECT NO. 753-15, CONTRACT NO. C34140, (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, DVBE ASAP, 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 Ninety-six Thousand Three Hundred and no cents Dollars ($96,300), 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 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 CONTRACTOR) By: (Signature) (Typed Name and Title) (Signature must be notarized) The rate of premium on this bond is $ SURETY: (Typed Name of Surety) (Signature of Attorney -in -Fact) (Typed Name of Attorney -in -Fact) (Signature must be notarized) The total amount of premium charged: $ (the above must be filled in by corporate surety). per thousand. IMPORTANT: Surety companies executing bonds must possess a certificate of authority from the California Insurance Commissioner authorizing them to write surety insurance defined in Section 105 of the California Insurance Code, and if the work or project is financed, in whole or in part, with federal, grant or loan funds, it must also appear on the Treasury Department's most current list (Circular 570 as amended). THIS IS A REQUIRED FORM. Any claims under this bond may be addressed to: (Name, Address and Telephone No. of Surety) (Name, Address and Telephone No. of agent or representative for service of process in California if different from above) 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 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 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 C — CONTRACTOR'S BID 2015 CURB RAMP MODIFICATION PROJECT PROJECT NO. 753-15 CONTRACT NO. C34140 TO: CITY OF PALM DESERT, "CITY" DATE: 3 - BIDDER: UV R— :�,4 IQ( "CONTRACTOR" The UNDERSIGNED, "CONTRACTOR", having carefully examined the site and the Contract Documents for the construction of, 2615 CURB RAMP MODIFICATION PROJECT, PROJECT NO. 753-15, CONTRACT NO. C34140, hereby proposes to constrict the work in accordance with the Contr ct Documents, including Addenda No(s). for the amount stated in this Bid. By submitting this Bid, CONTRACTOR agrees with 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 cor stitutes 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 a er 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 C TY may require to determine the Bidder's financial standing experience and to perform the work. 5. That the accompanying certified or cashiers check or Bid Bond constitutes a guarantee that if awarded the contract, CONTRACTOR will execute the Agreement and deliver the required bonds a, -id 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 chgged 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 wor= involved, lease and rental costs. additional salaries and overhead, increase~ interest and costs of funding the project, attorney expense, additional engine, -ring and architectural expense and cost of maintaining or construction alternate acilities 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 paymen will, be based upon the actual work performed, subject to such adjustment and alterations as elsewhere provided herein. ITEM:,-,, UNIT ffENC-DiMPIPTIBN UNITS QUANTITY COST T�TAut i 1 Mobilization LS 1 ' $ U0 $ 2 ; Traffic Control L 3 1 $ $ 3 Clearing and Grubbing LS 1 $ $ —� —i Construct ADA compliant curb ramp 4 per Caltrans Standard A88A EA 5 Install 4" thick PCC tie-in sidewalk 1,�Li I,y�c) i 27 , $U Ar $ i ?,eau S4, Lr —1,600 .$ 7 6 Construct Curb per City of Palm Lc 125 $ $ Desert Standard 103�° S �� w 7 Remove sidewalk; replace with S = 100 $ $ i Decomposed Granite '' f 8 Install Truncated Domes and grind E4 24 $ $ lip as necessary y 00 ' 9D� rTOTAL BID PRICE $ Page C-2 The costs of any work shown or required in th 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 $ I1V77VO TOTAL AMOUNT BASE BID IN WORDS (lb.. Tht --t-r-t) 1 >r:lu�6 �i , ► �� t Ch,1oLt �, AM) ZF -fD l,�fJrs IN WITNESS WHEREOF CONTRACTOR execut d this Bid as of date set forth on Page C-1: Title: r1 t7 r-r• # _ A��_ j r t 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 a ached, and not the truthfulness, accuracy, or validity of that document. State of California ) County of ) Subscribed and sworn to (or affirmed) before me o (month), (year), by this day of , proved to me on the basis of satisfpctory evidence to be the person(s) who appeared before me. Signature of Notary Page C-3 ;Seal of Notary) CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT k notary public or other officer completing this certificate verifies only the Identity of the Individual who signed the iocument to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document. STATE OF CALIFORNIA County of Riverside On February 12, 2015 before me, Susan C. Monteon , Notary Public, Date Insert Narne of Notary exactly as it appears on the dkiel seal personally appeared _ Anselmo Ybarra --- Nan**) of Signer(s) SUSAN C. lAONTEON c: COMM.#2033248 m tllci : Notary PuDRr.Catirotnia N LIS RIVERSIDE COUNTY My comet. Up. JULY 13. 2017 Place Notary Seal Above I who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) Islare 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 histher/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 hapd and official seal. Signature 4-;—j Z Signature of Notary Public OPTIONAL Though the information below is not required by law it may prove valuable to persons relying on the document and could prevent fraudulent removal and reattachment of the form to another document. Description of Attached Document Title or Type of Document Document Date: _ _ _ _ .__ _ Number of Pages __ Signer(s) Other Than Named Above' Capacity(iss) Claimed by Signer(s) Signer's Name C, Individual (, Corporate Officer Title(s) Li Partner I Limited . General l , Attorney in Fact t , Trustee t Guardian or Conservator Other Signer is Representing Signer's Name: D Individual D Corporate Officer Title(s) ❑ Partner C : Limited k General ❑ Attorney in Fact ❑ Trustee ❑ Guardian or Conservator ❑ Other Signer is Representing D — INFORMATION REQUIRED OF BIDDER TO ACCOMPANY BID The bidder is required to supply the following inf rmation. Additional sheets may be attached if necessary. (1) Company Name i7V Ef— (2) Address 7i � fi`� R7,AITkAffi _ (�A 9�.5 (3) Telephone No. q f I n! (4) Type of Firm (Individual, Partnership or Corporation) al? PD:AT1a0 (5) Corporation organized under the laws of the State of (6) Contractor's License No. J�Vj i '_xp. Date io (7) Department of Industrial Relations Contractor Registration number: 0- (8) List the names and addresses of all owners of the firm or names and titles of all officers of the corporation. (9) Number of years' experience as a Contracto- in construction work 1 (10) List at least three similar projects completed recently: Contract Amount Class of Work Date Com leted Name, Address & Tele one No. of Owner 1. ova ADA PAMP r-ter` 2A ��'� 2e�wtiv� F A:• 1 MPILa1�x t�NfS 2. ADA 1,41,;� I ���►� �,VLAQ- V,s-Tfl\ ?�D v uJ I110 m -tc s�►.I Z" )0 3. AM R-P, NA f' � � � sr Q.., Page D-' (11) Pursuant to California Public Contracting Code, Section 4100 et. Seq., the following list gives the name business addrass, 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:,�v License Numbe DIR Contra for Registration No. Business Address: Telephone: Work Description: Percent of Work: Subcontractor's Name: License Number: DIR Contra for Registration No. Business Address: Telephone: Work Description: I Percent of Work: Subcontractor's Name: License Number: DIR Contra for Registration No. Business Address: Telephone: Work Description: Pprgent of Work: (12) List the name of the person who inspected t e site of the proposed work for your firm (13) A financial statement or other infor ation and references sufficiently comprehensive to permit an appraisal of yo r current financial condition may be required by the City. (14) Contractor hereby swears under penalty of erjury that this information provided is true and correct. gy - Title: nature Contractor Page D-2 E — NONCOLLUSION D CLARATION To be Executed by Bidder and ubmitted with Bid The undersigned declares: I am the eft f 4-,-t AVof N pi p 1 Nt-- , the parry making the foregoing bid. The bid is not m e in the interest of, or on behalf of, any undisclosed person, partnership, company, association, organization, or corporation. The bid is genuine and not collusive r 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 an 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 compan.,, limited liability partnership, or any other entity, hereby represents that he or she K is 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 decla; ation is executed on 20AS:, at , L'& cit State Title: Sic �nJ X— CONTRA TOR Page E-1 F — BIDDER'S To Accompany lipid KNOW ALL MEN BY THESE PRESENTS, That We, DVBE ASAP, Inc. and Developers Surety and Indemnity Company _ firmly bound unto the City of Palm Desert in the si to be paid to the said City or its certain attorney, payment, well and truly to be made, we bind administrators, successors or assigns, jointly and THE CONDITION OF THIS OBLIGATION IS SU bounden principal to perform certain work describ as principal, as surety, are held and of $ 10% of amount bid (10% of bid) successors and assigns; for which irselves, our heirs, executors and ierally, firmly by these presents. , that if the certain bid of the above as follows: 2015 CURB RAMP MODIFICATION PROJECT PROJECT NO. 75 15 CONTRACT NO. C34140 The general items of work to be done hereunder saw -cut of concrete, removal of concrete curb concrete curb ramps and sidewalk, and inste truncated domes. and dated February 17, 2015 is and if the above bounden principal DVBE ASAP, Inc duly enter into and execute a contract for such deliver the Performance Bond and Payment Bond by said contract, then this obligation shall becon and remain in full force and effect. of: mobilization, traffic control, and sidewalk, construction of of decomposed granite and ad by the City of Palm Desert, shall instruction, and shall execute and Id insurance certificates as required null and void; otherwise it shall be Should it become necessary for the City to in tute a lawsuit, or any other legal proceeding to enforce the terms and conditions f this bond, then all costs of said proceeding, including attorney's fees, shall be awa ad to the prevailing party. IN WITNESS WHEREOF: We hereunto set our Hs of February 2015 Contractor's Name: DVBE ASAP, Inc. Contractor's Signature. _ 1 must and Seals this 12th day Title: - Address: 28840 Bay Avenue, Moreno VaHW, CA 92555 _ Telephone: 951-229-5952 Page F-1 1 Surety's Name: Developers Surety and Indemnity � Qy Surety's Signature: Title- Janelle L. Telephone: Must be 17771 Cowan, Suite 100, Irvine, CA 92614 Ackn A Notary Public or other officer completing this individual who signed the document, to which truthfulness, accuracy, or validity of that document. State of California ) County of ) On personally appeared ficate verifies only the identity of the certificate is attached, and not the isee attadied acknowledgment before me, i o proved to me on the basis of satisfactory evidence to be the person(s) whose ns me(s) is/are subscribed to the within instrument and acknowledged to me that he/shettliq 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 he person(s) acted, executed the instrument. i certify under PENALTY OF PERJURY under the :�ws of the State of California that the foregoing paragraph is true and correct. I WITNESS�my hand and official seal. Signature f (Seal) Page F-2 POWER OF ATTORNEY FOR DEVELOPERS SURETY AND INDEMNITY COMPANY INDEMNITY COMPANY OF CALIFORMA PO Box 19725. IRVINE. CA 92623 (949) 263-3300 KNOW ALL BY THESE PRESENTS fret except as expressly im ted DEVELOPERS SURETY AND INDEMNITY COMPANY and INDEMNITY COMPANY OF CALIFORNIA. do each hereby make, connstitrAe and appoint -Susan C. Monleon, Janelle L Tuominen, jointly or severally ­ as thetr true and lawful Attomey(s)-ai Fact to make execute deliver and acknowledge, for and on behet of said corporations, as amebas. bawds. mdertakinp and contracts of surety- ship giving and granting unb said AftornwAsym Fad full power and authority to do and to perform every ad necessary, re*Asite or proper to be done in connote Waewth as each of said corporations could do but reserving to each ,f said corporations ful! poorer of subsId bon and revocation, and all of tfhe ads of said Attorney(syin Fad. pursuant to these presents. are hereby ratified and conimned This Power of Atbrney a granted and -s signed by facsimile Lander and by authority of the following resolul ors adopted by tro respective Boards of Mactas of DEVELOPERS SURETY AND INDEMNITY COMPANY and nNDEMNITY COMPANY OF CALIFORNIA effective as of January 1st 2006. RESOLVED, that a cembnaom of any two of the Charmsri of the Board, We President Executive Vice Preadenl Senior Vice.President or any Vice Presidents of the corporations be, and that each of them hereby a. autlwraed to execute this Power of Atbmey qua We the attdney(s) named in Ire Power of AM" b execub, on bared of the corporations. bends, hmdermkings and contracts of surely0wp and that the Secretary or any Assistant Secretary d either of the corporations be. and each of from hereby is, atdhaized to atest the execution of any such Power of AttorM: RESOLVED, FURTHER that the signatures of such officers may be affixed to any such Power of Attorney or to any ow#k to re" thereb by facsimile, and any such Power of Att M or carlikate bearing such facsnde shgnaMxas shall the valid and binding upon the corporations when so alined and in the fMure with respect to any bond fandalaldng or contrad of surel hill to which it is altar! IN WITNESS WHEREOF DEVELOPERS SURETY AND WDEMNITY COMPANY end INDEMNITY COMPANY OF CALIFORNIA have severally cased these presents to be signed by them respective officers andattestd by trotr respective Secretary or AsasWrN Secretary this November 21. 2013. BY \ I A,I t,.N /a--.d,PANYn_ Daniel Ycxng. Saner Vice -President vow-'f '% 3fyJ c�40R. 0 oT. s Mark J. Lmsdon. ViceRresdad $ J 19 3 6 Slate of California County of Orange On November 21 2013 before me, Date pY appeared ANICIApALl01RA00 COIN • 203M PUBIC CAtJFlOA 3 OIMII aoullIW Its mrtla► apbhrsAua 0. 2D17 Place Notary Seal Above Mtonio AMrahrado. NofaY prbkt Here Inset Name and Title of the Officer Daniel You and Mark J. Larsdah Name(s) of Signer(s) who proved to me on the bass of satisfactory evidence to be the per"s) wfhese name(s) alare shed to the wAhin astranent and aeinowledged to me that helsheftluy =WAsd the sane in hhaAhalthehr authorized capadty -es) and that by hisArorAhetr signahre(s) on the astrutteM the pa"s) or the aft Leon behalf of which the persons) acted executed the instrument I cei* unde, PENALTY OF PERJURY under the laws of the State at Cakfoma Wert the loregowg paragraph is true and correct WITNESS my hand and official seal. Sgnabre CERTIFICATE O The undersigned as Secretary or Assistant Secretary of DEVE.OPERS SURETY AND INDEMNITY COMPANY orINDEMNITY COMPANY OF CALIFORNIA does hereby arty that the foregoing Power of Atomey remarts in fun face and has not been revoked ad, furtieimore that We provsors of the resolutions of the respective Boards of Or ,1, 1 of said corporation; set lath in the Power of A" am in face as of the date of this CeMkAe This Certicate his executed in the Coy of kvne CdNomia this 12W da% of February 20,15 By: (?AoxZ, Lassie J. 8errisf Secretary 1413t10(Rev.11l13) CAUFORNIA ALL-PURPOSE 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 Riverside On February 12, 2015 before me, Susan C. Monteon Notary Public, Date Insert Name of Notary exactly as h appears on the official seal personally appeared Janelle L. Tuominen _ Nam(s) of 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 capacky(ies), and that by his/her/their signature(s) on the instrument the ., SUSAN C. �AONTEON � Comm.rf2033248 person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. r m p NotaryPuWIt:CalNNTY io r RIVERSIDE COUNTY I certifyunder PENALTY OF PERJURY under the laws of 13, 2 - My Coma►. Exp. DULY 13, 2017 orrim E the Stte of California that the foregoing paragraph is true e9 n9 P 9 P and correct. Witness my h nd and official seal. Signature .= Il9a 4,..� C . -1\ Place Notary Seal Above Signature of Notary Public OPTIONAL Though the information below is not required by law it may prove valuable to persons relying on the document and could prevent fraudulent removal anti reattachment of the form to another document. Description of Attached Document Title or Type of Document: Document Date: Signer(s) Other Than Named Above: Capacity(ios) Claimed by Signer(s) Signer's Name- F Individual [� Corporate Officer --Title(s) r i Partner ( Limited General Attorney in Fact C l Trustee [ Guardian or Conservator Other Signer is Representing Number of Pages: Signer's Name. ❑ Individual ❑ Corporate Officer - Title(s): ❑ Partner Q Limited ❑ General ❑ Attorney in Fact ❑ Trustee ❑ Guardian or Conservator ❑ Other. Signer is Representing -- - ---_ . J CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT % notary public or other officer completing this certificate verities 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 Riverside On February 12, 2015 before me, Susan C. Monteon _ _ _ _ Notary Public, Dale Insed Name of Notary exactly as It appears on the official seal personally appeared Anselmo Ybarra Name(s) of Srpner(O 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/heritheir authorized capacity(ies), SUSAN C. MONTEON and that by his/her/their signature(s) on the instrument the COMM. #2�332�8 m person(s), or the entity upon behalf of which the person(s) Notary Public-Ctd-romia cn acted, executed the instrument. LU RIVERSIDE COUNTY My Comm. E% 1ULY 13, 2017 1 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 Place Notary Seal Above SQnatuire of Notary Public OPTIONAL Though the information below is not required by law it may prove valuable to persons relying on the document and could prevent fraudulent removal and reattachment of the form to another document. Description of Attached Document Title or Type of Document: Document Date: _ _ _ _ _ _ _ - _ _ Number of Pages. Signer(s) Other Than Named Above. Capacity(ies) Claimed by Signer(s) Signer's Name: ❑ Individual ❑ Corporate Officer--Title(s):_ ❑ Partner ❑ Limited ❑ General Attorney in Fact ❑ Trustee ❑ Guardian or Conservator [_ Other. Signer is Representing Signer's Name D Individual ❑ Corporate Officer — Title(s): ❑ Partner ❑ Limited D General D Attorney in Fact ❑ Trustee ❑ Guardian or Conservator ❑ Other Signer is Representing COUNTRY_CLUB.DR_i:±�lk\ COUNTRY CLUB 18"q9201716 12 1145 13 o Z HOVLEY LN W rTTT_l� HOVLEY T3 F2 4 L 2 ' ZZ. 25 26�-LU2728 29130 0 §LL _MERLE DR MAGNESIA FALLS DR O C tVWIEW DR 4q FRED WARING DR CL a-oFRED WARING DR 3940 51 Cr z 50 49 4 48 LU 4511cra 1_7 DEANiA WAY SANGORGONIOWAY 4 'DEA� C ALEtSSANDR -DR �DfZO 4 TEO SEO ELPASEO Jy EL PA EO Ix 9 8 10 R —7/2 4 Ov,� - 6 a oft , GRAPEVI NE ST 2015 Curb Ramp Modification Project 753-15 Date- 2015 I— Cn O O FRED K4 M "AA -WA I FAIR VICINITY MAP