HomeMy WebLinkAboutC27690B - Portola Avenue at Fred Waring Missionary Wall 633-07Contract No. C27690B
CITY OF PALM DESERT
PUBLIC WORKS DEPARTMENT
STAFF REPORT
REQUEST: AWARD CONTRACT NO. C27690B TO JOHN BARAJAS MASONRY
IN THE AMOUNT OF $176,893.50 FOR THE PORTOLA AVENUE AT
FRED WARING DRIVE MASONRY BLOCK WALL PROJECT
(PROJECT NO. 633-07)
SUBMITTED BY: Mark Greenwood, P.E., Director of Public Works
DATE: April 9, 2015
CONTENTS: Agreement and Bonds
Contractors Bid
Vicinity Map
Recommendation
By Minute Motion:
1. Waive bid irregularity;
2. Award Contract No. C27690B for the Portola Avenue at Fred Waring Drive
Masonry Block Wall project in the amount of $176,893.50 (Project No. 633-
07);
3. Authorize the Director of Finance to set aside a 10 percent contingency in
the amount of $17,689.35; and
4. Authorize the Mayor to execute said Agreement.
Funding is available for in Capital Project Reserve, Account No. 400-4438-433-4001, and
Measure A, Account No. 213-4438-433-4001.
Strategic Plan Objective
The proposed action will further the goals of the strategic plan by opening up an area that
will provide more open space and a more efficient transportation system.
Background
On July 10, 2014, the City Council approved the deconstruction of the four single family
homes on Portola Avenue that were acquired by the City's former Redevelopment Agency
and the City. The homes were removed to allow for the future expansion of the free right
turn lane from Portola Avenue onto westbound Fred Waring Drive.
The removal of the homes exposed the back walls of four adjacent properties and one
wooden fence. These walls and fences are of a non -uniform height or material. Staff
Staff Report
Award Contract No. C27690B for Portola Avenue Wall
Page 2 of 2
April 9, 2015
proposes to remove these walls and fences and construct a uniform height wall that closely
matches the existing wall along Fred Waring Drive. A portion of the wall on Fred Waring
Drive will be removed to make room for the future right turn lane.
On March 17, 2015, bids for the Portola Avenue at Fred Waring Drive Masonry Block Wall
project were opened and read aloud. The results are as follows:
Contractor
Location:
Amount
John Barajas Masonry
Bermuda Dunes, CA
$176,890.00
C.S. Legacy Construction, Inc.
Chino, CA
$221,669.00
Parsam Construction, Inc.
Glendale, CA
$237,450.00
JBH Structural Concrete, Inc.
Murrieta, CA
$237,750.00
Bids were verified and John Barajas Masonry submitted the lowest responsive bid. Upon
reviewing the bid submitted by the apparent low bidder, an irregularity was found. The
contractor rounded down $3.50 on one of the line items of work. There is a provision in the
specification that explains how to deal with this situation. The correct information is clearly
discernible from the line item bid sheet. The City Attorney indicated that the error is
immaterial and the irregularity may be waived.
Fiscal Analysis
The estimated costs for the project are listed on ROPS line 50. Although the City would
initially advance the funds for this work, the SARDA would reimburse the City for the costs
from bond proceeds. The 2006 Project Area No. 1 bond issuance includes both projects in
the bond covenants.
As a requirement of the State Department of Finance, on May 22, 2014, the Agency Board
approved a Bond Proceeds Funding Agreement to facilitate this purpose. That agreement
was also approved by the Oversight Board on June 16, 2014. ,
Prepared By:
QoIv7o, P.E., Senior Engineer
�� —
el
Paul S. Gibson, Director of Finance
M. Wohlmuth, City Manager
DenafrtmknY Head:
Mark Gr�e wood, Pt.
Director of Public Works
AGREEMENT
THIS AGREEMENT is made and entered into this 9th day of April, 2015, by and
between City of Palm Desert, California, hereafter called "CITY" and John Baraias
Masonry hereinafter called "CONTRACTOR".
WITNESSETH
RECITALS:
CONTRACTOR has submitted to CITY its Contractor's Bid for the construction of CITY
Project,
1. PORTOLA AVENUE AT FRED WARING DRIVE MASONARY BLOCK WALL,
PROJECT NO. 633-07, CONTRACT NO. C27690B 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(s) .1. All of said
Documents presently in existence are by this reference incorporated herein as if
here set forth in full and upon the proper issuance of their documents they shall
likewise be deemed incorporated.
2. Contractor shall commence the work within ten calendar days after the date of
the Notice to Proceed and will do all things necessary to construct the work
generally described in Recital No. 1 in accordance with the Contract Documents
and will complete said work within 28 Calendar Days from the Notice to Proceed
date to the satisfaction of the Engineer.
Contract No. C27690B
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 $800 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. C27690B
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: John Barajas Masonry
UZ
Signature to be notarized
ATTEST BY:
TITLE: TITLE:
CITY:
BY: ATTEST BY:
TITLE: Mayor of Palm Desert, CA
APPROVED AS TO CONTENT:
MARK GREENWOOD, P.E.
DIRECTOR OF PUBLIC WORKS
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 John Barajas Masonry hereinafter designated as the "Principal", a
contract for:
PORTOLA AVENUE AT FRED WARING DRIVE
MASONRY BLOCK WALL
PROJECT NO. 633-07
CONTRACT NO. C27690B
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, 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 Seventy-six Thousand Eight Hundred Ninety-three and 50/100 Dollars
($176,893.50), 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
A - PAYMENT BOND
KNOW ALL MEN BY THESE PRESENTS:
THAT WHEREAS, the City of Palm Desert (sometimes referred to hereinafter as
"Obligee") has awarded to John Baraias Masonry (hereinafter designated as the
"CONTRACTOR"), an agreement dated April 9, 2015 described as follows: PORTOLA
AVENUE AT FRED WARING DRIVE MASONARY BLOCK WALL, PROJECT NO.
633-07, CONTRACT NO. C276906, (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, 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 Seventy-six Thousand Eight
Hundred Ninety-three and 50/100 Dollars ($176,893.50), 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:
John Barajas Masonry
By:
(Signature)
(Typed Name and Title)
(Signature must be notarized)
The rate of premium on this bond is $
SURETY:
(Typed Name of Surety)
in
(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
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 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
C - CONTRACTOR'S BID
PORTOLA AVENUE AT FRED WARING DRIVE
MASONRY BLOCK WALL
PROJECT NO.633-07
CONTRACT NO. C27690B
TO: CITY OF PALM DESERT, "CITY"
DATE: March 17 , 2015
BIDDER: John Barajas Masonry "CONTRACTOR"
The UNDERSIGNED, "CONTRACTOR", having carefully examined the site and the
Contract Documents for the construction of, PORTOLA AVENUE AT FRED WARING
DRIVE MASONARY BLOCK WALL, PROJECT NO. 633-07, CONTRACT NO.
C2769013, hereby proposes to construct the work in accordance with the Contract
Documents, including Addenda No(s). 1 for the amount
stated in this Bid.
By submitting this Bid, CONTRACTOR agrees with CITY:
That unless withdrawn in person by CONTRACTOR or some person authorized
in writing by CONTRACTOR before the time specified in the Notice Inviting Bids
for the public opening of bids, this Bid constitutes an irrevocable offer for 60
calendar days after that date.
2. The CITY has the right to reject any or all Bids and to waive any irregularities or
informalities contained in a Bid.
3. That the contract shall be awarded only by the governing body of CITY. Said
contract shall only be deemed awarded after the CONTRACTOR'S complete
submission of all contract documents, bonds, insurance documentation, and the
CITY shall obtain all necessary signatures of the governing body, at which time
the contract shall be deemed awarded.
4. To submit to CITY such informatlon 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
Page C-1
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.
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.
1
Mobilization
LS
' 1
$
$ 5,745.00
2
Temporary Fence
LS
1
$
$ 3,720.00
3
Soil Stabilization
LS
1
$
$ 3,21
4
Demolition and Work Area Preparation
LS
1
$
$ 31, 684.00
5
Masonry Block Wall (Join)
EA
4
$
$ 6,765.00
6
Masonry Block Wall
SF 3,250
i $ 30.99
$ 100, 714.00
7
Backyard Improvement Replacement
LS
1 ! $
$ 25,052.00
$
$
TOTAL BID PRICE 1 $ 176,890.00
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 $
$176,890.00
TOTAL AMOUNT BASE BID IN WORDS One Hundred seventy Six THousand
Eight Hundred Ninty
IN WITNESS WHEREOF CONTRACTOR executed this Bid as of date set forth on
Page C-1: _
By:
Signature
Title: 0 '1-) t�1
CONTRACTOR
A Notary Public or other officer completing this certificate verifies only the identity of the
individual who signed the document, to which this certificate is attached, and not the
truthfulness, accuracy, or validity of that document.
State of California )
County of C lV't Vk L )
Subscribed and sworn to (or affirmed) before eon this ti day of ✓
(month), "7 iS (year), by
proved to me on the basis of satisfactory evidencePo be the person
who appeared before me.
Signature of Notari
Page C-3
LYNDSAY Wguy
Col *01. 01972108
NOTARY PUBLIC • CALIFORNIA;3
RIVERSIDE COLWTY
C MARCH 115, 2018
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 John Baraias Masonry
(2) Address 42-901 Lima Hall Rd., Bermuda Dunes, CA 92203
(3) Telephone No. 760-345-3912
(4) Type of Firm (Individual, Partnership or Corporation) Individual
(5) Corporation organized under the laws of the State of California
(6) Contractor's License No. 446180 Exp. Date 9/30/2015
(7) Department of Industrial Relations Contractor Registration number: 1000013755
(8) List the names and addresses of all owners of the firm or names and titles of all
officers of the corporation:
John Barajas - Owner
42-901 Lima Hall Rd
Bermuda Dunes, CA 92203
(9) Number of years' experience as a Contractor in construction work 30
(10) List at least three similar projects completed recently:
Contract Amount Class of Work i Date Completed Name, Address &
__Telephone No. of Owner
1.
$206,000
2. $689,000
Masonry 2014 Optimus Construction
Masonry 2013 TD Desert Development
3. $325,000 Masonry 2011
Page D-1
Desert Sands Unified
School District
(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
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. Failure to Include the
subcontractor's DIR realstration number may result In the bid beinsr
rejected as non -responsive.
Subcontractor's Name: Emery Land Clearing and Grading, Inc.
License Number:600283 DIR Contractor Registration No.1000014633
Business Address: P.O. Box 1009 Thermal, CA 92274
Telephone: 760-345-4746
Work Description: Demolition Percent of Work:
Subcontractor's Name:
License Number: DIR Contractor Registration No.
Business Address:
Telephone:
Work Description: Percent of Work:
Subcontractor's Name:
License Number: DIR Contractor Registration No.
Business Address:
Telephone:
Work Description: Percent of Work:
(12) List the name of the person who inspected the site of the proposed work for your
firm John Baraias
(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.
21
By: zy2ctt f= Title:
Signature Contractor
Page D-2
E - NONCOLLUSION DECLARATION
To be Executed by Bidder and Submitted with Bid
The undersigned declares:
am the owner of John Barajas Masonry I 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
March 17, ,20 15at Bermuda Dunes CA
city State
By: Jd,.a
Signature
Title: c5w 14 V7-
CONTRACTOR
Page E-1
F - BIDDER'S BOND
To Accompany Bid
KNOW ALL MEN BY THESE PRESENTS,
That w/3, I, John Bara j as as principal,
and as surety, are held and
firmly bound unto the City of Palm Desert in the sum of $ $17,689.00 (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:
PORTOLA AVENUE AT FRED WARING DRIVE
MASONRY BLOCK WALL
PROJECT NO.633-07
CONTRACT NO. C27690B
The general items of work to be done hereunder consist of: Demolition, grading, minor
landscaping and retaining wall construction and dated March 17, 2015
Is accepted by the City of Palm Desert, and if the above bounden principal
John Barajas 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 17 day
of March 2015
Contractor's Name: John Bara j as Masonry
Contractor's Signature:
ust be Not ized
Title: OWNER
Address: 42-901 Lima Hall Bermuda Dunes, CA 92203
Telephone: 7 60-345-3912
Surety's Name:
Surety's Signature:
Must be Notarized
Title:
Address:
Telephone:
sate of Cwfforwa
County of Riverside
subscribed itnd swam tO (ar, °�� befooe me OR
dies 11 day f 1" 1� • m�
HY
proved to me an the
basis sM isdWY, be the aPP
befan me.
(Sod)
Page F-2
LYNOSAY WELTY
COMM $1972106 x
NOTARY PUBLIC • CALiFRWERSVE
OFiNiA �
Coesearbe MWCH t,2016