HomeMy WebLinkAboutC34530 - Tamarisk Row Micro-Mll 621-16Contract No. C34530
CITY OF PALM DESERT
PUBLIC WORKS DEPARTMENT
STAFF REPORT
REQUEST: AWARD CONTRACT NO. C34530 FOR CONSTRUCTION OF
THE TAMARISK ROW MICRO -MILL PROJECT TO PAVEMENT
COATINGS COMPANY OF MIRA LOMA, CALIFORNIA, IN THE
AMOUNT OF $52,720 (PROJECT NO. 621-16)
SUBMITTED BY: Mark Greenwood, P.E., Director of Public Works
CONTRACTOR: Pavement Coatings Company
10240 San Sevaine Way
Jurupa Valley, California 91752
DATE: July 9, 2015
CONTENTS: Contract Agreement and Bonds
Contractor's Proposal
Location Map
Recommendation
By Minute Motion:
1. Award Contract No. C34530 for Construction of the Tamarisk Row
Micro -Mill Project to Pavement Coatings Company of Jurupa Valley,
California, in the amount of $52,720 (Project No. 621-16);
2. Authorize the Director of Finance to set aside a 10 percent
contingency in the amount of $5,272; and
3. Authorize the Mayor to execute the subject agreement.
Funding is available for this project in Measure "A" Street Maintenance, Account No.
2134311-4332000.
Background
Tamarisk Row runs parallel to the railroad tracks between Country Club Drive and
Frank Sinatra Drive. The tamarisk trees that run along the train tracks have sent roots
across the street into Palm Valley Country Club where they receive water from the golf
course. The roots have swollen from the abundance of water and are pushing up the
Staff Report
Award Contract C34530 to Pavement Coatings Company
Page 2 of 2
July 9, 2015
asphalt in several locations. This project will create a uniform driving surface by
grinding the entire street in the area affected by the roots.
Micro -milling is a process where a machine with a large grinding wheel full of steel teeth
skims the top layer of asphalt. The process will leave a coarse, textured surface in
place of the bumpy surface that exists currently. This project represents just one step in
the ultimate rehabilitation of the street. In the next few years, larger projects are
planned that will significantly affect the street, and upon completion of those proposed
projects the street will meet Palm Desert's high standard for street condition.
A call for bids was advertised, and on June 25, 2015, sealed bids were opened and
read aloud. The following is a summary of the bids received:
Contractor Location Bid Amount
Pavement Coatings Company Jurupa Valley, CA $52,720
Pavement Coatings Company was the sole bidder on the project. Although only one bid
was received, it is only slightly higher than the engineer's estimate of $50,000.
Pavement Coatings has successfully completed contracts for the City in the past and
Public Works recommends approval of this contract.
Fiscal Analysis
This is an on -going maintenance activity with no fiscal impact beyond the contract
amount.
Prepay By: _ , Department Head:
Rya
�1G
Paul S. Gib!
ect Administrator
, Pirector of Finance
n M. Wohlmuth, City Manager
41 I'L __/ ( \
Mark Greenwood, P.E.
Director of Public Works
Contract No. C34530
AGREEMENT
THIS AGREEMENT is made and entered into this 9th day of Jam, 2015, by and
between City of Palm Desert, California, hereafter called "CITY" and Pavement
Coatings Company hereinafter called "CONTRACTOR".
WITNESSETH
RECITALS:
CONTRACTOR has submitted to CITY its Contractor's Bid for the construction of CITY
Project,
1. TAMARISK ROW MICRO -MILL PROJECT, PROJECT NO. 621-16, CONTRACT
NO. C34530, 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. 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.
Contract No. C34530
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.
Contract No. C34530
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 workers' compensation
or to undertake self insurance in accordance with the provisions of that Code,
and I will comply with such provisions before commencing the performance of the
work of this contract."
IN WITNESS WHEREOF the parties hereto have executed or caused to be
executed by their duly authorized officials, this Agreement which shall be deemed an
original on the date first above written.
CONTRACTOR:
BY:
Signature to be notarized
TITLE:
Is] kCA
TITLE: Mayor of Palm Desert, CA
APPROVED AS TO CONTENT:
MARK GREENWOOD, P.E.
DIRECTOR OF PUBLIC WORKS
ATTEST BY:
TITLE:
ATTEST BY:
TITLE: City Clerk of Palm Desert, CA
APPROVED AS TO FORM:
DAVID J. ERWIN
CITY ATTORNEY
Contract No. C 34530
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
Contract No. C34530
PERFORMANCE BOND
KNOW ALL MEN BY THESE PRESENTS: That whereas the City of Palm Desert has
awarded to Pavement Coatings Company
hereinafter designated as the "Principal", a contract for:
TAMARISK ROW MICRO -MILL PROJECT
PROJECT NO. 621-16
CONTRACT NO. C34530
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, Pavement Coatings 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
Fifty-two Thousand Seven Hundred Twenty and no/100
Dollars ($52,720), being 100% of the contract amount in lawful money of the United
States of America for the payment of which sum well and truly to be made, we hereby
bind ourselves, our heirs, executors, administrators, and successors, jointly and
severally, firmly by these presents.
THE CONDITION OF THIS OBLIGATION IS SUCH that if the above bounded
Principal, his executors, heirs, administrators, and successors, or assigns, shall in all
things stand to and abide by, and well and truly keep and perform the covenants and
agreements in the said contract and any alterations thereof made as therein provided,
on his or their part, to be kept and performed at the time and in the manner therein
specified, and in all respects according to their true intent and meaning, and shall
indemnify and save harmless the City, its officers and agents, as therein stipulated, then
this obligation shall become null and void; otherwise, it shall be and remain in full force
and virtue.
And the said Surety, for value received, hereby stipulates and agrees that no
change,. extension of time, alteration or addition to terms of the contract or to the work to
be performed thereunder or the specifications accompanying the same shall in any wise
affect its obligations on this bond, and it does hereby waive notice of any such change,
extension of time, alterations or additions to the terms of the contract or to the work or
the specifications.
Should it become necessary for the City to institute a lawsuit or any other legal
proceeding to enforce the terms and conditions of this bond, then all costs of said
proceeding, including attorneys' fees, shall be awarded to the prevailing party.
Contract No. C34530
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
Aa
(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
Contract No. C34530
PAYMENT BOND
KNOW ALL MEN BY THESE PRESENTS:
THAT WHEREAS, the City of Palm Desert (sometimes referred to hereinafter as
"Obligee") has awarded to Pavement Coatings Company (hereinafter designated as the
"CONTRACTOR"), an agreement dated July 9, 2015 described as follows: TAMARISK
ROW MICRO -MILL PROJECT, PROJECT NO. 621-16, CONTRACT NO. C34530,
(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, Pavement Coatings 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 Fifty-two Thousand Seven Hundred Twenty and
no/100 Dollars ($52,720), 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.
Contract No. C34530
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)
Contract No. C34530
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
Contract No. C34530
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
gyp- d--O_ 1-;) ^, Z_ VM
C — CONTRACTOR'S BID
TAMARISK ROW MICRO -MILL PROJECT
PROJECT NO.621-16
CONTRACT NO. C34530
TO: CITY OF PALM DESERT, "CITY"
DATE: J_uN E 23, 2.615
BIDDER: PAVE M t NT LzAT-19(4 db . "CONTRACTOR"
The UNDERSIGNED, "CONTRACTOR having carefully examined the site and the
Contract Documents for the construction of, TAMARISK ROW MICRO -MILL PROJECT,
PROJECT NO. 621-16, CONTRACT NO. C34530, 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
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.
Page G2
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 $ .}'-�� p O D
L TOTAL AMOUNT BASE BID IN WORDS �� �� AM-16JAGatj4_ S--yen
1 Z 1A h aj o 1A rC, °alb Cents
IN WITNESS WHEREOF CONTRACTOR executed this Bid as of date set forth on
Page C-1:
By:
Signature
Title: 6ec ret
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 kwo',S loll. )
Subscribed and sworn to (or affirmed) before me on this day of Uing—
(month), :.b 15 (year), by Qn1A L jt�NJACp n5 k L
proved to me on the basis of satisfactory evidence to be the person(.ej'
who appeared before me.
Signature of Notary,
Canes # 2WM IAQ!Z� Nawy pw* - coon"
ramcon
Zot6
Page C-3
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 PAVE MENT CDATiN US Q-o -
(2) Address 10240 Sqq SEyk WE WAY.1 TVRVt'A VALLEY, CA 91152
(3) Telephone No. -4tH - 8210 - 3al)
(4) Type of Firm (Individual, Partnership or Corporation) copPoF-A-MM
(5) Corporation organized under the laws of the State of CAL4FOKNIA
(6) Contractor's License No. 3 03 609 Exp. Date
9 - 30 - 201lo
(7) Department of Industrial Relations Contractor Registration number. mopm3382
(8) List the names and addresses of all owners of the firm or names and titles of all
officers of the corporation:
TOM IA llLEIJSIG (SEC MI-AVY)
m HAM P-SYtER (TRsASvRER�
(9) Number of years' experience as a Contractor in construction work y C *Am
(10) List at least three similar projects completed recently:
Contract Amount
Class of Work
Date Completed
Name, Address &
Tele hone No. of Owner
1.
See, Ackc
2.
3.
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
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 rearlstradon number may result in the bid being
reiected as non -responsive.
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:
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 inspectoed the site of the proposed work for your
firm Adrnrri �X
(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 rrect.
By: Title:
Signature Contractor
Page D-2
E — NONCOLLUSION DECLARATION
To be Executed by Bidder and Submitted with Bid
The undersigned declares:
I am the of 1�a%JeMent (i)ativ%a-r, Ca the
party making the foregoing bid. The bid is not made in the interest of —half, 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
JuN6 z3 , 20§, at Jut-uPA VM.LEV GA
CRY state
By: •
Signature
Title: &ec �,eTa-r
CONTRACTOR
Page E-1
F — BIDDER'S BOND
To Accompany Bid
KNOW ALL MEN BY THESE PRESENTS.
Thatwe Pavement Coatings Co. as principal.
and The Ohio Casualty Insurance Company as ourely, are held and
firmly bound unto the City of Palm Desert in the sum of; ICY% of Amt Bid (10% of bid)
to be pail to the said City or ilea cerWn attomey, Its successors and assigns; for which
payment, well and truly to be made, via bind ourselves, our heirs, executors and
administrators, successors or assigns, jointly Sand severely, firmly by these presents.
THE CONDITION OF THIS OBLX3ATION IS SUCH, that if the certain bid of the above
bounden principal to perform certain work described as fogows:
TAMARISK ROW HCRO-MILL PROJECT
PROJECT NO.621-16
CONTRACT NO. C34530
The general items of work to be done hereunder consist of Cold M*V; Fog Sealing;
Traffic Control; and other work as necessary to complete the projec 1,
and dated June 25th , 2015 is accepted by the City of Palm Desert,
and if the above bounden principal Pavement Coatings Co. emu
duly enter into and ex=0 a contract for such construction, and shall execute and
deliver the Peftmance 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 foroe and effect.
Should it become neoessary for the City to institute a lawsuit, or any other legal
proceeding to micros the terms and conditions of this bored, than all costs of said
proceeding, Including aatbomey's fees, shall be awarded to the prevailing party.
(Remainder of this page has infwftnalfy been /ei't blank
Signature bkw4m are contained on fhb n@Af page)
Page F-1
IN WITNESS WHEREOF, We hereunto set our Hands end Seals this �zna clay
Of June 2015
Contractor's Name: Pavement Coatings,Co.
CanhacWs Signature: L//0 '�L
Must be Mota&od
Title:_ �creT�.r�ly
r
Address: 20240 San Sevaine Way, Jurupa Valley, CA 91752
Telephone:
$1,OWS NMRC: The Ohio Casualty/ z rance
.� ff
Surety's SlgnaWm:
chard L. Wells)
TMe. Attorney -In -Fact
Address: 1800 East Lambert Road, Suite 225, Brea, CA 92821
Telephone. 714-257-9644
Page F-2
CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT CIVIL CODE § 1189
A notary public or other officer completing this certificate verifies only the identity of the individual who signed the
document to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document.
State of California )
Countyof R\V e ti2Sf rl,
On Tl{Nf•= .2�i. ?Ol S before me, 1/ AN }�• t�tMCi¢AJ, IVo ry �0 f L ,
Date Here Insert Name and rtle of the Officer
personally appeared ___ T�#7 r1 L( LctiSrC
Naml) of Signer)
who proved to me on the basis of satisfactory evidence to be the person whose names) isfare--
subscribed to the within instrument and acknowledged to me that he/sheAhey-executed the same in
his/be0heir authorized capacity400, and that by his/beFfti3eN' signatureo on the instrument the person,
or the entity upon behalf of which the person 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.
VMI a aImi mi /
= COmmk "F2084M Signature
Notuy Pubic - * r Signature of Notary Public
Coart". E irp Oct &20f tf
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 Doc ment
Title or Type of Document: _! i/I/),6e5 &VP—✓� Document Date: �2 s
Number of Pages: Z— Signer(s) Other Than Named Above:
Capacity(ies) Claimed by Signer(s)
Signer's Name:
Corporate Officer — Title(s):
Partner — Limited General
Individual Attorney in Fact
Trustee Guardian or Conservator
Other.
Signer Is Representing:
Signer's Name:
Corporate Officer — Title(s):
Partner — Limited . General
Individual Attorney in Fact
Trustee Guardian or Conservator
Other.
Signer Is Representing:
®2014 National Notary Association • www.NationaiNotary.org • 14800-US NOTARY (1-800-876-6827) Item #5907
THIS POWER OF ATTORNEY IS NOT VAUD UNLESS IT IS PRINTED ON RED BACKGROUND.
This Power of Attorney Raft the acts of those named hash, and they have no authority to bind the Company except in the manner and to to extent harm stated
Certificate No. 69u93e
American Fire and Casualty Company hasty Mutual Insurancl Company
The Ohio casualty Insurance Company WestAmarican Insurance Company
POWER OF ATTORNEY
KNOWN ALL PERSONS BY THESE PRESENTS. That Americas Fire 3 Cam* Company end The Ohio Casualty Insurance Company are corporafats duty organized wider rie laws of
the Stab of New Hampshire, Chet Liberty MAW Insurance Company is a corporation duy organized under the Jews of the State of Mmsachusalis, and West American Insurance Company
is a corporation duty organized under the laws of the State of Indiana (herein collectively tiled tte'Companiesl, ptawanl to orb by atrthaity twain set loth, does hereby tie=, constt ite
and appoint, Frank Mom nes: Lynn A. Belmar. Richard L. Welts
al of fie city of a REA State of CA each individually If there be more then one named, is true and "I atiorneywia•lect to mace. execute, seal• acknowledge
and defw, for and on its behalf as surety end as its ad and deed, any and all ulderialags, bards. ramnira ces end other suety, obligations, in pursuance of these present and slid
be as W4ft upon the Companies as If they have been duty signed by the presidenl and atttatsted by the secretary of the Companies in their own props persons.
IN WITNESS WHEREOF, M Power of Attorney has been subscribed by an authorized officer or official of the Companies and the corporate seals of the Companies have been affixed
thereto thin 13eh day of April 2015
>s'o c o `z� INSU s asuR Ksu American Fee and Casualty any 'erC
Mo* g`''s Qyr, The Ohio Casualty Insurance Company
{
U `' LlbertY Company x 1906 0 0 1919 n > 191z ° � 1991 � Mutuallrlstlf131Ce n C
5 2 Wiest Insurance Company
+n+w� T 3
STATE OF PENNSYLVANIA as David tot. Core . Assistant Secretary C!0
COUNTY OF WlTGOWRY C
On rnis 131►h day of April 2615 . betas me persanay appeared David AA Corey, who acklhowAedged ttimug to be Min Assistant Secretary of Amock= Fie and I —
Casualty Company, Liberty kaxhual Inxrance Company, The Ohio Casualty Insurance Con"M and Wag ArlKricai Insurance Company, and the he, as such, being auhorized so to do,
exemite the loregoing instrument for the purposes therein contained by signing on behalf of the caporahons by himself as a duty authorized officer.
IN 11Vf1TJESS WHEREOF I have hereunto subsaxnbed it and affixed my notarial seal at Plymouth Meeting, Pennsylvania, on the day and year fast above vrritteri.
�� pAsr COMAAONWEALTN OF PEIM151
LVAlM
Fi! WNW sw
►�. v° �'s '% Tian Pa WMW. NOWY Pubic By;
2k� &&-,o
OF Plymouth UP- Manheoftwy County Teresa Pasteaa, Notary Public
MY ComNsabn Eap+nir Muth 20. z017
'aHY Vvrss►se�'{, Lie d= PrnytiW"AUadW nor Nobles
This Power of Atomey is made and executed pursuant to by authority of Mro foBoNirg Bydew s adAulhoriratiorro of American Fire and Casualty Conhpary, The Ohio Casualty ktwrance
Company, LWerty k1ltAual Irtsuranc�e Company, and West Amenicert Insurarnce Company which resokitions ere mow h IuM (once aid efed mating urn 6hibwe:
ARTICLE IV— OFFICERS — Sanction 12. Power of Attorney. Any officer or other official of the Corporation authorized for that purpose in writing by the Chairman or the President. and subject
to such imitelion as the Cheirman or the Ptesi W may prescribe. shell appoint such adbmeys Ir tact, as may be necessary to ad in behalf of the Corporation to make, exw , seal,
acknowledge and delver as surely any and all u dertaldrgs, bonds, reragnizances and other suretyobligations Such alto neysandad• subject to the limitations set Toth In Heir respective
powers of etomey, shalt have flint power to bind the Corporation by lheir signekire and execution of any such insit umertls ad to almch tieralo the seal d the Corporation Alho so
exnaitad, such instruments slid be as binding as N signed by the Pteslde t and attested to by the Secretary. Any power or authority granted to any representative ora gorneyan-fad under
the provissians of this article may be revoked at any time by the Board, the Chairman, the President orby the olker or officers granting such power a autlority.
ARTICLE XIk — Execution of Contracts — SECTION 5. Surety Bonds and Undertakings. Any officer of the Company authorized for that purpose in writing by the chairman or the president
and sibjed to such limitations as the cha4man or the president may prescribe, shalt appoint such atomeys• ri-tad, as may be necessary to act in belief of the C ipany to make. execute.
a", admawledge and deliver as surety any and all u ndertakings, bonds, recognizanoes and other surety obligations. Such atomeys4n-lad tw*d to the imitations set lath in their
regmcfve powers of attorney, shall have hull power to bird the Coop" by their signature and execution of any such instrwrients and to elect thereto the seal of the Company %lien so
exact such instruments shall be as binding as N signed by the president and attested by the secretary.
Certificate of Designation — The President of the company, acting pexsuani to the Bylaws of the Company, aulnodus David M. Carey, Assistant Secretary to appoint such ellomeys-In-
tact as maybe necessary to acton beheff of the Comparry to make, execute. sea, acnnowledge and deliveras surety any aced alluderld ings, bonds. mcogrdza cea and other surety
obligations.
Asufhorhatbn — By unanimous consent of the Company's Board of Directors, the Company cornsents dug tecsidie or mechanically reproduced signature of any assistant secretary of the
Company, wherever appearing upon a certified copy of sty power of attorney issued by the Company in connection with surely bonds, spat be valid and bndrtg upon the Company with
Ow same force and effect as though manually affixed.
I, Gregory W. Dm*Vort the undersigned, Assistant Secretary, of American Fie ad Casualty Company The Ohio Casually Insurance Company, Liberty Mutt Insurance Canpany, and
%W American Ymnrance Company do hereby certify that the original power of attorney of which the laega M is a full, true and coned copy of the Power of Atlomey exerted by said
Companies, is in fug force and effed and has not been revoked.
IN TESTIMONY WHEREOF. I have hereunto set my hard and affixed the seals of said Companies to22nd day of Jude 20 - -
0 CASV4` SY Ih5(r J*`INSliq,4. C�K'
tNSU1919 c1912 t1y.W. DaV� Assistant larogOry Pam• Secretary
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CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT CIVIL CODE § 1189
A notary public or other officer completing this certificate verifies only the ;dentity 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 June 22, 2015 before me, Lynn A. Beimer, Notary Public
Date Here Insert Name and Title of the Officer
personally appeared Richard L. Wells
Name(s) of Signer(s)
who proved to me on the basis of satisfactory evidence to be the person(% whose name(;] is/are
subscribed to the within instrument and acknowledged to me that he%4eA4ey executed the same in
hlsAierftheir authorized capacity(ies), and that by his/trerAtt& signature( on the instrument the person(,
or the entity upon behalf of which the person($ acted, executed the instrument.
LYNN A. BEIMEF
Commission # 1950927 Z
Notary Publ.c - California z
Orange County >
My Comm Expires Dec 16, 2015
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 seat.
Signature
Signature of Notary Public
Place Notary Seat 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:
Document Date:
Number of Pages: _ -,__ Signer(s) Other Than Named Above:
Capacityjies) Claimed by Signer(s)
Signer's Name:
Corporate Officer — Title(s):
Partner — Limited General
Individual Attorney in Fact
Tnistee Guardian or Conservator
Other:
Signer Is Representing:
Signer's Name:
Corporate Officer — Title(s): _
Partner — - Limited General
Individual Attomey in Fact
Trustee Guardian or Conservator
Other:
Signer Is Representing:
02014 National Notary Association • www.NationaiNotary.org • 1-800-US NOTARY (1-800-876-6827) Item A5907
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