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HomeMy WebLinkAboutC34160 - Substation Parking Lot Rehabillitation 750-15Contract No. C34160 CITY OF PALM DESERT PUBLIC WORKS DEPARTMENT STAFF REPORT REQUEST: AWARD CONTRACT NO. C34160 FOR CONSTRUCTION OF THE SUBSTATION PARKING LOT REHABILITATION PROJECT TO UNITED PAVING COMPANY OF CORONA, CALIFORNIA, IN THE AMOUNT OF $106,484 (PROJECT NO. 750-15) SUBMITTED BY: Mark Greenwood, P.E., Director of Public Works CONTRACTOR: United Paving Company 1880 North Delilah Street Corona, California 92879 DATE: March 12, 2015 CONTENTS: Contract Agreement and Bonds Contractor's Proposal Location Map Recommendation By Minute Motion: 1. Award Contract No. C34160 for Construction of the Substation Parking Lot Rehabilitation Project to United Paving Company of Corona, California, in the amount of $106,484 (Project No. 750-15); 2. Authorize the Director of Finance to set aside a 10 percent contingency in the amount of $10,648.40; and 3. Authorize the Mayor to execute the subject agreement. Funding is available for this project in Account Nos. 110-4313-433-3320 and 231-4313- 433-3320, General Fund and New Construction Tax accounts for Parking Lot Maintenance. Background The Substation Parking Lot Resurfacing Project will rehabilitate the gated parking lot for the Sheriff Substation and a portion of the Civic Center parking lot located near the substation within the Civic Center complex. The existing parking surface will be removed and replaced with a 4" course of crushed aggregate base material and a 4" Staff Report Award Contract C34160 to United Paving Company Page 2 of 2 March 12, 2015 course of warm -mix asphalt. Upgrades will be made to bring the parking lot into compliance with ADA requirements. A call for bids was advertised, and on February 24, 2015, sealed bids were opened and read aloud. The following is a summary of the bids received: Contractor Location Bid Amount United Paving Company Corona, CA $106,484.00 JB Bostick Anaheim, CA $116,500.00 Dateland Construction Indio, CA $131,896.00 Jacobsson Engineering Palm Desert, CA $152,277.50 United Paving Company submitted the lowest responsive bid in the amount of $106,484. Fiscal Analysis This is an on -going maintenance activity with no fiscal impact beyond the contract amount. Prepared By: Rvap/"Gavler/V,roiect Administrator 4w Paul S. Gibson, Director of Finance Approval: n M. Wohlmuth, City Manager Department Head: Mark Greenwood, P.E. Director of Public Works Contract No. C34160 AGREEMENT THIS AGREEMENT is made and entered into this 12th day of March, 2015, by and between City of Palm Desert, California, hereafter called "CITY" and United Paving Company hereinafter called "CONTRACTOR". WITNESSETH RECITALS: CONTRACTOR has submitted to CITY its Contractor's Bid for the construction of CITY Project, 1. SUBSTATION PARKING LOT REHABILITATION, PROJECT NO. 750-15, CONTRACT NO. C34160, 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) 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, (o) Addenda No. 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 15 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 $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. 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: 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 PERFORMANCE BOND KNOW ALL MEN BY THESE PRESENTS: That whereas the City of Palm Desert has awarded to United Paving Company hereinafter designated as the "Principal", a contract for: SUBSTATION PARKING LOT REHABILITATION PROJECT NO. 750-15 CONTRACT NO. C34160 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, United Pavinq Company 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 One Hundred Six Thousand Four Hundred Eighty -Four and no cents Dollars ($106,484), 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 personally appeared before me, , 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 United Paving Company (hereinafter designated as the 'CONTRACTOR"), an agreement dated March 12, 2015 described as follows: SUBSTATION PARKING LOT REHABILITATION, PROJECT NO. 750-15, CONTRACT NO. C34160, (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, United Paving Company 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 One Hundred Six Thousand Four Hundred Eighty -Four and no cents Dollars ($106,484), 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) (Signature) (Typed Name and Title) (Signature must be notarized) The rate of premium on this bond is $ SURETY: (Typed Name of Surety) By: (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) 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 personally appeared before me, , 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 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 SUBSTATION PARKING LOT REHABILITATION PROJECT NO. 750-15 CONTRACT NO. C34160 TO: CITY OF PALM DESERT, "CITY" DATE: Superior Paving Company, hIC. BIDDER: dba United Paving Company "CONTRACTOR" The UNDERSIGNED, "CONTRACTOR", having carefully examined the site and the Contract Documents for the construction of, SUBSTATION PARKING LOT REHABILITATION, PROJECT NO. 750-15, CONTRACT NO. C34160, hereby proposes to construct the work in accordance with the Contract Documents, including Addenda No(s). `' for the amount stated in this Bid. ' By submitting this Bid, 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 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 cost of maintaining or construction alternate facilities occasioned by the failure to execute and deliver said documents. Page C-1 011 gn 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. N Ei 1 1 3 1 Mobilization LS 1 $ $ 873b,Nc 1 sV 2 Traffic Control LS 1 $ $ 3 Remove Base and Surfacing SF 24,000 $ ; J $ l 9 yyC,"u�.. 4 Concrete Ramp and Sidewalk SF 275 $ $ 5 4" Crushed Aggregate Base SF 24,000 $ $ 6 4" Warm Mix Asphalt Concrete SF 24,000 $ $ 7 Striping LS 1 $ $ 1bt 8 Loop Detectors EA 4 $ $ S TOTAL BID PRICE $ 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 $ 111, `i8 V'1 `< TOTAL AMOUNT BASE BID IN WORDS bnr Y riji;i-1cA Fev,- IN WITNESS WHEREOF CONTRACTOR executed this Bid as of date set forth on Page C-1: By: Signature Title: Prif 5) dent 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. "o State of California ) County of ) Subscribed and sworn to (or affirmed) before won this day of (month), (yS40 by proved to me on Ah6 basis of satisfactory evidence to be the person(s) who appeared before me.,_ Si gna a of Notary Page C-3 GOVERNMENTCALIFORNIA JURAT WITH AFFIANT STATEMENT •. •...<!:\ <..\< :<.c\<..�<r.\<. s�<s:•_tii,<.:C:�.•</•. < -See Attached Document (Notary to cross out lines 1-6 below) 1 See Statement Below (Lines 1-6 to be completed only by document signer[s], not Notary) Signature of Document Signer No. 1 Signature of Document Signer No. 2 (if any) 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 Countyof _ LAURA M. FITZPATRICK Commission # 2011577 Notary Public - California i ? ° Riverside County My Comm. Expires Mar 11, 2017 Subscribed and sworn to (or affirmed) before me on this Z� day of 20►� by Date Month Year (1) )c (and (2) ), Name(s) of Signer(s) proved to me on the basis of satisfactory evidence to be the person(s) who appeared before me. Signature Signature ckqot ry Public Seal Place Notary Seal Above 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: Number of Pages: Signers) Other Than Named Above: Document Date: !i\•! �\Jig\:/ii\�!i\•�!'.\•�!�i\':`!i\�::\`!'i\'�!'.\•!:\�!:\�!'i\�/..\•:�.\'•!:\�::\•�!'.\�!'.\�!:\�!'i\�!:\!i\��y\�:�.�'i\�/i.\�!:\�.:i.\�/i.\�:'.\Ali.\�!'.\�::\:l:\✓i,�!/S\J:�/:\�l:\�:'.\•/%\./i��.i :\: /:' D -INFORMATION REQUIRED OF BIDDER TO ACCOMPANY BID The bidder is required to supply the following information. Additional sheets may be attached if necessary. r (1) c. Company Name Saba United P"ving (=n �n�, (2) Address 1660 1.,y "H, De Qa-h Street, Corao, CA G287q v (3) Telephone No. 951-139-- 92oO (4) LL Type of Firm (Individual, Partnership or Corporation) CUY pOl"G�7! 6Yl (5) Corporation organized under the laws of the State of CQ lam-{ r t 6t- (6) Contractor's License No. B&QS g Exp. Date 10131 2-015 O Depof Industrial Relations Contractor Re 103 artment artment Registration number: D2-5 N � (8) List the names and addresses of all owners of the firm or names and titles of all officers of the corporation: y cs&b rti 7II0 P/-e57C1 f a (9) Number of years' experience as a Contractor in construction work 15 t (10) List at least three similar projects completed recently: Contract Amount Class of Work Date Completed Name, Address & Telephone No. of Owner C/ 7 MC,rli� 2. L0,� �1,(", h ;)9 0 L 1l- l)1-1 y 7c3 � 3G4-- xn 3. r t•. -S�l_j5.1� Page D-1 (11) 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 Q 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 theprime's bid. % Subcontractor's Name: V � fj1 nyr, c ve tE Y-I", , License Number: DIR Contractor Registration No. Business Address: S" y �`) S c� ►. s c> T �; i `+) r c} k v . > �, eTelephone: i s i` 3)— C S 7 2, Work Description: C U ►\ C c e .r � Percent of Work: 3, Subcontractor's Name: ✓`� ilfic mOel I tj rr S License Number: 39 30:. DIR Contractor Registration No. .'CCtt� fr S`i U Business Address: VL �>�X i �,J L Telephone: "I J l— ,t i 3 Z 12 1 Work Description: G ,11c L ue';' S Percent of Work: 5' Subcontractor's Name: LIM License Number: DIR. Contractor Registration No. W. Business Address: Telephone: Work Description: Percent of Work: (12) List the nam of the person who inspected the site of the proposed work for your firm Inn L7/o�L (13) 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. (14) Contractor hereby swears under penalty of perjury that this information provided is true and correct. By: Title: -pre 51�&Ii SignaWr6 tontractor Page D-2 fl u f] E - NONCOLLUSION DECLARATION To be Executed by Bidder and Suritted with Bid upcHoi z` Company,I�ir. The undersigned declares: dba United Paving Company I am the of , the party making th4 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 2015, at ? ormc , City State By: Signature Title: (f CONT14CTOR Page E-1 I F — BIDDER'S BOND To Accompany Bid I KNOW ALL MEN BY THESE PRESENTS, Bond No. 71639522 That we, Superior Paving Company, Inc. dba United Paving Company as principal, and Western Surety Company as surety, are held and firmly bound unto the City of Palm 4esert in the sum 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. *Ten percent of bid amount �• THE CONDITION OF THIS OBLIGATION IS SUCH, that if the certain bid of the above bounden principal to perform certain work described as follows; t SUBSTATION PARKING LOT REHABILITATION R, PROJECT NO. 750-15 CONTRACT NO. C34160 The general items of work to be done hereunder consist of. Mobilization, Traffic Control, Clearing and Grubbing, Removal of PCC, Asphalt, and Base, Installation of Class II Base, Asphalt Paving, Sidewalk, Installation of Loop Detectors, and Striping, and dated February 24, 2015 is accepted by the City of Palm Desert, and if the above bounden principal Superior Paving Company, Inc. dba United Paving Company 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 F-1 IN WITNESS WHEREOF, We hereunto set our Hands and Seals this 19 day of February2015 Contractor's Name: Superior Paving Company, Inc. dba United Paving Company Contractor's Signature: - _ E Title: , a,bas Try i fl IO, PhesjerLt Address: 1990_ � k& A ('amaa, CA g2,8-79 Telephone: qb/- 739-gZ.DD Surety's Name: Western Surety Company Sureiy's Signature: X�.•- Wst be Notarized 1 itla: David Jacobson, Attorney -in -Fact Address: 915 Willshire Blvd., Suite 1650, Los Angeles, CA 90017. Telephone: (866) 404-7926 Page F-2 a 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 Califoomia ) County of On 2� 2'�� Z`-'�� before me, Date Here Insert Name and Title of the Officer personally appeared Names) of Signer(s) who proved to me on the basis of satisfactory evidence to be the person(p) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/sheAhey executed the same in his/hezdl eW authorized capacity(esr; and that by his/heW4heir signaturejA on the instrument the person,* or the entity upon behalf of which the personas) 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. LAURA M. FITZPATRICK WITNESS my hand and official seal. � Commission # 2011577 ='. Notary Public - California z Riverside County Signature My Comm. Expires Mar 11, 2017 Signature Of t Public Place Notary Seal Above 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: Number of Pages: Document Date: Signer(s) Other Than Named Above: Capacity(ies) Claimed by Signer(s) Signer's Name: Ll Corporate Officer — Title(s): 1 Partner — 'Limited '.1 General Individual I- . Attorney in Fact -1 Trustee I J Guardian or Conservator 1 -1 Other: Signer Is Representing: _ Signer's Name: (._ Corporate Officer — Title(s): Partner — I_.; Limited I I General h Individual :_1 Attomey in Fact I 1 Trustee 1L] Guardian or Conservator L -1 Other: Signer Is Representing: ���c.e-cr�:�e:c:�w - - _ - -- �.x>�c^�:��;�.,�.ez�c.^E:<:�v�;z;�r.�_z;Q:o�:c>•�;�x:a�=c.��.•s:�.e;c,uQ 02014 National Notary Association - www.NationalNotary.org - 1-800-US NOTARY (1-800-876-6827) Item #5907 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 Orange On February 19, 2015 before me, Lauren Emily Bierman, A Notary Public (insert name and title of the officer) personally appeared David Jacobson, Attorney -in -Fact who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/an subscribed to the within instrument and acknowledged to me that he/3sbse" executed the same in his/kwg0 * authorized capacity(i*, and that by his/hexAlk& signature(s) on the instrument the person(%), 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 Califomia that the foregoing paragraph is true and correct. WITNESS my hand and official seal. Signature ,.�Of LAUREN EWLY iI;'W811 N •� COMM. Al 2097240 X NOTARY PUBUCtALIFORNIA X - - ORANGE COUNTY N t�� (Seal) Western Surety Company POWER OF ATTORNEY APPOINTING INDIVIDUAL ATTORNEY -IN -FACT Know All Men By These Presents, That WESTERN SURETY COMPANY, a South Dakota corporation, is a duly organized and existing corporation having its principal office in the City of Sioux Falls, and State of South Dakota, and that it does by virtue of the signature and seal herein affixed hereby make, constitute and appoint James Scott Salandi, Leonard Ziminsky, David Jacobson, Individually of Irvine, CA, its true and lawful Attorneys) -in -Fact with full power and authority hereby conferred to sign, seal and execute for and on its behalf bonds, undertakings and other obligatory instruments of similar nature - In Unlimited Amounts - and to bind it thereby as fully and to the same extent as il'such instruments were signed by a duly authorized officer of the corporation and all the acts of said Attorney, pursuant to the authority hereby given, are hereby ratified and confirmed. This Power of Attorney is made and executed pursuant to and by authority of the By -Law printed on the reverse hereof, duly adopted, as indicated, by the shareholders of the corporation. In Witness Whereof, WESTERN SURETY COMPANY has caused these presents to be signed by its Vice President and its corporate seal to be hereto affixed on this 291h day of October, 2014. WESTERN SURETY COMPANY .6" �,PDAq Igloo :fps fAy Pop boo" ev­ 4'rie`"ttt aul T. Bruflat, Vice President State of South Dakota I ss County of Minnehaha On this 29th day of October, 2014, before me personally came Paul T. Bruflat, to me known, who, being by me duly sworn, did depose and say: that he resides in the City of Sioux Falls, State of South Dakota; that he is the Vice President of WESTERN SURETY COMPANY described in and which executed the above instrument; that he knows the seal of said corporation; that the seal affixed to the said instrument is such corporate seal: that it was so affixed pursuant to authority given by the Board of Directors of said corporation and that he signed his name thereto pursuant to like authority, and acknowledges same to be the act and deed of said corporation. My commission expires + + J. MOHR f June 23, 2015 f c NOTARY PUBLIC $ a c f{SOUTH DAKOTA i •.w�w�+a.�++.�w+.a+a+.ar.+ J. Mohr, Notary Public CERTIFICATE I, L. Nelson, Assistant Secretary of WESTERN SURETY COMPANY do hereby certify that the Power of Attorney hereinabovc set firth is still in force, and further certify that the By -Law of the corporation pn'jVed on the reverse hereof is still in force. In testimony whereof I have hereunto subscribed my name and affixed the seal of the said corporation this + _ day of el.'{ i,(�t r 7), WESTERN SURETY COMPANY j S= #Ii�SE p,� i1 5NZC:�Y) L. Nelson, Assistant Secretary Form F4280-7-2012 r wig E , NL r 16 +/-8,640SgFt �a y ien fi +/- 15,260 Sq FtAll r ., F E ARING DR Y, .. —fY � *� '� r xef�, ;�. •„ Air >,., � N!