HomeMy WebLinkAboutC34750 - Dcnstructn of Sgnl-Fmly Home - 44900 San ClementeContract No. C34750
CITY OF PALM DESERT
ECONOMIC DEVELOPMENT DEPARTMENT
STAFF REPORT
REQUEST: AWARD CONTRACT NO. C34750 TO 5M CONTRACTING, INC., FROM
TUSTIN, CALIFORNIA IN THE AMOUNT OF $28,350.00, FOR THE
DECONSTRUCTION OF SINGLE FAMILY HOME LOCATED AT 44-900
SAN CLEMENTE CIRCLE
SUBMITTED BY: Martin Alvarez, Director of Economic Development
DATE: October 22, 2015
CONTRACTOR: 5M Contracting, Inc.
2691 Dow Avenue #C2
Tustin, California 92780
CONTENTS: Agreement / Bonds
Contractor's Bid
Vicinity Map
Recommendation
By Minute Motion that the City Council:
1. Award Contract No. C34750 for the deconstruction of improvements for a
single-family home located at 44-900 San Clemente Circle in the amount
of $28,350.00;
2. Authorize the Director of Finance to set aside a 10% contingency in the
amount of $2,835.00;
3. Funds are available from bond proceeds approved as part of Alessandro
Bond Proceeds Funding Agreement;
4. Authorize the Mayor to execute said Agreement.
Background
Over the last decade the former Redevelopment Agency and City have acquired several
properties located adjacent to the Alessandro West Corridor. The intent of the acquisitions
is to implement an improvement project that would assist in renovating the blighted area
and provide improvements that would stimulate new economic development and expansion
of the commercial properties located to the south. In May, 2014, the City acquired the
subject property located at 44-900 San Clemente Circle (see attached map). The property
was acquired with the intent to deconstruct the single family residence in order to facilitate
Staff Report
Award Contract No
Page 2of2
October 22, 2015
C34750 44-900 San Clemente Deconstruction
the future Alessandro West Improvement Project. Specifically, this property and the
southwest corner of San Clemente Circle will include parking future parking improvements
as part of the Alessandro West Improvement Project.
On September 10 and 17, 2015, the Notice Inviting Bids for the deconstruction of property
located at 44-900 San Clemente Circle was published in The Desert Sun. On October 2, 2015,
sealed bids were opened by the City Clerk. Below is a summary of the bid received:
CONTRACTOR
LOCATION
BED
5M Contracting Inc.
Tustin, CA
$28,350.00
Demo Unlimited Inc.
Indio, CA
$46,151.39
St. George Grou a
Corona, CA
$150,000.00
Bids were verified and 5M Contracting Inc. is a licensed contractor and is registered with the
California Department of Industrial Relations. The project will include prevailing wages. 5M has
previously completed deconstruction projects of similar size within the City. Staff recommends
award of contract to 5M Contracting Inc.
Fiscal Analysis
Funds are currently budgeted in Fiscal Year 2015/2016 Account No. 4004341-4400100.
Although the Capital Projects Fund would initially advance the funds for the deconstruction of
the single family home, the City will be reimbursed by the Successor Agency pursuant to the
approved Alessandro Bond Proceeds Funding Agreement and funds available from the Project
Area 1 Bond Funds.
Prepared By:
Martin Alvarez
Director of Economic Development
Reviewed:
Paul S. Gibson, Director of Finance
Approval:
hn M. Wohlmuth, City Manager
Department Head:
i/1--�a44�--
Rudy Acosta
Assistant City Manager
G \Econ Development\Marlin Alvarez\Alessandro West Project\SR\SR AAWest 44-900 San Clemente Demo10-22-15.docx
Contract No. C34750
AGREEMENT
THIS AGREEMENT is made and entered into this 22nd day of October, 2015, by
and between City of Palm Desert, California, hereafter called "CITY" and 5M
Contracting, Inc. hereinafter called "CONTRACTOR".
WITNESSETH
RECITALS:
CONTRACTOR has submitted to CITY its Contractor's Bid for the construction of CITY
Project,
1. DECONSTRUCTION OF IMPROVEMENTS FOR A SINGLE FAMILY HOME AT
44-900 SAN CLEMENTE CIRCLE, CONTRACT NO. C34750, in strict
accordance with the Contract Documents identified below, CITY has accepted
said Bid.
2. CONTRACTOR states that it has re-examined its CONTRACTOR'S Bid and
found it to be correct, has ascertained that its Subcontractors are properly
licensed and possess the requisite skill and forces, has examined the site and
Contract in accordance with the Contract Documents for the money set forth in
its Bid to be paid as provided in the Contract Documents.
AGREEMENT:
IT IS AGREED BY THE PARTIES AS FOLLOWS:
1. Contract Documents: The entire contract consists of the following: (a) The
Agreement; (b) The Notice Inviting Bids; (c) The Instruction to Bidders; (d) The
Contractor's Bid; (e) The Bidder's Bond; (f) The Performance Bond; (g) The
Payment Bond; (h) The General Specifications; (i) The Special Provisions; 0)
The Standard Specifications as modified in other portions of the Contract
Documents; (k) The Plans; (1) Addenda Nos. N/A; (m) The Determination of
Prevailing Wage Rates for Public Work; (n) Any Change Orders issued; (o) Any
additional or supplemental specifications, notices, instructions and drawings
issued in accordance with the provisions of the Contract Documents. 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
Page A-1
Contract No. C34750
and will complete said work within 30 Calendar Days from the Notice to Proceed
date to the satisfaction of the Project Manager.
3. Contractor agrees to indemnify, defend and save CITY and its officers, agents
and employees, and the Project Manager 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 $1,500
dollars 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
Page A-2
Contract No. C34750
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.
[Remainder of this page has intentionally been left blank.
Signature blocks are contained on the next page]
Page A-3
Contract No. C34750
CONTRACTOR:
BY:
Signature to be notarized
TITLE:
CITY:
BY:
Signature to be notarized
ATTEST BY:
TITLE:
ATTEST BY:
TITLE: Mayor of Palm Desert, CA TITLE: City Clerk of Palm Desert, CA
APPROVED AS TO FORM:
DAVID J. ERWIN
CITY ATTORNEY
CONTRACTOR ACKNOWLEDGMENT
A notary public or other office completing this certificate verifies only the identity of the individual who signed the
document to which this certificate is attached, and not the truthfulness, accuracy or validity of that document.
State of California )
) SS.
County of )
On , 20_, before me, , a Notary
Public, personally appeared , who proved
to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are
subscribed to the within instrument and acknowledged to me that he/she/they executed
the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s)
on the instrument the person(s), or the entity upon behalf of which the person(s) acted,
executed the instrument.
I certify under PENALTY OF PERJURY under the laws of the State of California that the
foregoing paragraph is true and correct.
WITNESS my hand and official seal.
Signature
(seal)
Page A-4
Contract No. C34750
A - PERFORMANCE BOND
KNOW ALL MEN BY THESE PRESENTS: That whereas the City of Palm Desert has
awarded to 5M Contracting, Inc.
hereinafter designated as the "Principal", a contract for:
DECONSTRUCTION OF IMPROVEMENTS FOR
A SINGLE FAMILY HOME AT
44-900 SAN CLEMENTE CIRCLE
CONTRACT NO. C34750
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, 5M Contracting Inc. the Principal, and
as Surety, are held and firmly bound unto the
City of Palm Desert hereinafter called the City, in the penal sum of Twenty Eight
Thousand Three Hundred Fifty and no/100 Dollars ($ 28,350.00), being 100% of the
contract amount in lawful money of the United States of America for the payment of
which sum well and truly to be made, we hereby bind ourselves, our heirs, executors,
administrators, and successors, jointly and severally, firmly by these presents.
THE CONDITION OF THIS OBLIGATION IS SUCH that if the above bounded
Principal, his executors, heirs, administrators, and successors, or assigns, shall in all
things stand to and abide by, and well and truly keep and perform the covenants and
agreements in the said contract and any alterations thereof made as therein provided,
on his or their part, to be kept and performed at the time and in the manner therein
specified, and in all respects according to their true intent and meaning, and shall
indemnify and save harmless the City, its officers and agents, as therein stipulated, then
this obligation shall become null and void; otherwise, it shall be and remain in full force
and virtue.
And the said Surety, for value received, hereby stipulates and agrees that no
change, extension of time, alteration or addition to terms of the contract or to the work to
be performed thereunder or the specifications accompanying the same shall in any wise
affect its obligations on this bond, and it does hereby waive notice of any such change,
extension of time, alterations or additions to the terms of the contract or to the work or
the specifications.
Should it become necessary for the City to institute a lawsuit or any other legal
proceeding to enforce the terms and conditions of this bond, then all costs of said
proceeding, including attorneys' fees, shall be awarded to the prevailing party.
Page A-5
Contract No. C34750
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 2015.
SURETY
INSURANCE COMPANY and/or AGENT
ADDRESS
TELEPHONE NUMBER
PRINCIPAL
LIM
Page A-6
Contract No. C34750
Principal/Contractor Acknowledgment
A notary public or other office 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
Surety's Acknowledgment
(Seal)
A notary public or other office 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
(Seal)
Page A-7
Contract No. C34750
B - PAYMENT BOND
KNOW ALL MEN BY THESE PRESENTS:
THAT WHEREAS, the City of Palm Desert (sometimes referred to hereinafter as
"Obligee") has awarded to 5M Contracting, Inc. (hereinafter designated as the
'CONTRACTOR"), an agreement dated October 22, 2015 described as follows:
DECONSTRUCTION OF IMPROVEMENTS FOR A SINGLE FAMILY HOME AT 44-
900 SAN CLEMENTE CIRCLE, CONTRACT NO. C34750, (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, 5M Contracting Inc. , the undersigned CONTRACTOR, as
Principal, and a corporation organized and existing
under the laws of the State of , and duly authorized to
transact business under the laws of the State of California, as Surety, are held and
firmly bound unto the City of Palm Desert and to any and all persons, companies or
corporations entitled to file stop payment notices under Section 9100 of the California
Civil Code, in the sum of Twenty Eight Thousand Three Hundred Fifty and no/100
Dollars ($28,350.00), said sum being not less than one hundred percent (100%) of the
total amount payable by the said Obligee under the terms of the said Contract, for which
payment well and truly to be made, we bind ourselves, our heirs, executors and
administrators, successors and assigns, jointly and severally, firmly by these presents.
THE CONDITION OF THIS OBLIGATION IS SUCH, that, if said CONTRACTOR, his or
its heirs, executors, administrators, successors or assigns, or Subcontractors, shall fail
to pay for any materials, provisions or other supplies, implements, machinery or power
used in, upon, for or about the performance of the Public Work contracted to be done,
or to pay any person for any work or labor of any kind, or for bestowing skills or other
necessary services thereon, or for amounts due under the Unemployment Insurance
Code with respect to such work or labor, or for any amounts required to be deducted,
withheld, and paid over to the Employment Development Department from the wages of
employees of said CONTRACTOR and his or its Subcontractors pursuant to Section
13020 of the Unemployment Insurance Code with respect to such work and labor as
required by the provisions of Section 9100 et seq. of the Civil Code, or for any amounts
required to be deducted, withheld, and paid over to the Franchise Tax Board or Internal
Revenue Service from the wages of employees of the CONTRACTOR or his or its
Subcontractors, the Surety or Sureties hereon will pay for the same in an amount not
exceeding the sum specified in this bond, otherwise the above obligation shall be void.
In addition to the provisions herein above, it is agreed that this bond will inure to the
benefit of any and all persons, companies and corporations entitled to serve stop
payment notices under Section 3181 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. C34750
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)
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)
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)
Page B-9
Contract No. C34750
Principal/Contractor Acknowledgment
A notary public or other office completing this certificate verifies only the identity of the individual who signed the
document to which this certificate is attached, and not the truthfulness, accuracy or validity of that document.
State of California )
County of )
On
before me,
personally appeared
who proved to me on the basis of
satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within
instrument and acknowledged to me that he/she/they executed the same in his/her/their
authorized capacity(ies), and that by his/her/their signature(s) on the instrument the
person(s), or the entity upon behalf of which the person(s) acted, executed the
instrument.
I certify under PENALTY OF PERJURY under the laws of the State of California that the
foregoing paragraph is true and correct.
WITNESS my hand and official seal.
Signature
Surety's Acknowledgment
(Seal)
A notary public or other office 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
(Seal)
Page B-10
C - CONTRACTOR'S BID
DECONSTRUCTION OF IMPROVEMENTS FOR
A SINGLE FAMILY HOME AT
44-900 SAN CLEMENTE CIRCLE
CONTRACT NO. C34750
TO: CITY OF PALM DESERT, "CITY'
DATE: 9/30/2015
BIDDER: 5M Contracting, Inc. "CONTRACTOR"
The UNDERSIGNED, "CONTRACTOR", having carefully examined the site and the
Contract Documents for the DECONSTRUCTION OF IMPROVEMENTS FOR A
SINGLE FAMILY HOME AT 44-900 SAN CLEMENTE CIRCLE, CONTRACT NO.
C34750 , 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
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.
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.
The low bid will be determined by calculating the sum of total Bid Schedule.
TOTAL AMOUNT BID SCHEDULE "A" IN FIGURES $ 28,350.00
TOTAL AMOUNT BID SCHEDULE "A" IN WORDS Twenty eight thousand
three hundred fifty dollars
IN WITNESS WHEREOF CONTRACT xe to f s Bid a of da set forth on
Page C-1:
By:
Signature
Title: 5M Contracting Inc.
CONTRACTOR
notary ptil*i. or other office cornlrletvigtW certifrcatev eerie, only Optidewtv of the tnclivldual .: kxa s ®ificltiy dsatutntrrt
to .'which tluscerttftcate is attached, and not the tnrthtultiea a curacy or r•tltckty of thatdocurnerK
State of California )
County of 65aA%)
Subscribed and sworn to (or affirmed) before me on this
(month), -2-0 tS7 (year), by keytala
proved to me on the basis of satisfactol
who appeared before me.
Signature of Notary
Page C-3
5W day of�
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D.K. SHAH
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MY Tarot Ev. Augue 13. 2016
;S�e7oNotary)
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 5M Contracting Inc.
(2) Address 2691 Dow Ave. #C2 Tustin, CA 92780
(3) Telephone No. 714.730.6760
(4) Type of Firm (individual, Partnership or Corporation) Corporation
(5) Corporation organized under the laws of the State of California
(6) Contractor's License No. 962390 Exp. Date 6/30/2017
Contractor hereby swears and nalty of perjury that this information provided is true
and correct. /1\ 1---1/ 1 �\
(7) Department of 1�oustrioj Reloons Contactor Registration number: 1000002286
By: Title: 5M Contracting Inc.
Signature Contractor
(8) List the names and addresses of all owners of the firm or names and titles of all
officers of the corporation:
Ronald McDaniel - President Ronald McDaniel - Treasurer
Tiffany McDaniel - Vice President
Ronald McDaniel - Secretary
(9) Number of years' experience as a Contractor in construction work 20
(10) List at least three similar projects completed recently:
Contract Amount
Class of Work
Date Completed
Name, Address &
Telephone No. of Owner
1. 93,250.00
Demolition
8/2015
City of Bellflower
562/804-1424
2. 97,162.00
Demolition
6/2015
California Parks & Rec
818-880-0395
3. 16,750.00
Demolition
7/2015
Garden Grove USD
714/663.6000
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.
Subcontractor's Name: Becko Inc.
License Number: 831936
DIR Contractor Registration No. 1000012948
Business Address: PO Box 1486 Chino, CA 91708
Telephone: 909.886.0883
Work Description: Demolition Percent of Work: 25
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:
Ronald McDaniel
Name of Bidder
Page D-2
(12) List the name of the person who inspected the site of the proposed work for your
firm Ronald McDaniel
(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.
Page D-3
E — NONCOLLUSION DECLARATION
To be Executed by Bidder and Submitted with Bid
The undersigned declares:
I am the President of 5M Contracting Inc. the
party making the foregoing bid. The bid is not made in the interest of, or on behalf of,
any undisclosed person, partnership, company, association, organization, or
corporation. The bid is genuine and not collusive or sham. The bidder has not directly
or indirectly induced or solicited any other bidder to put in a false or sham bid. The
bidder has not directly or indirectly colluded, conspired, connived, or agreed with any
bidder or anyone else to put in a sham bid, or to refrain from bidding. The bidder has
not in any manner, directly or indirectly, sought by agreement, communication, or
conference with anyone to fix the bid price of the bidder or any other bidder, or to fix any
overhead, profit, or cost element of the bid price, or of that of any other bidder. All
statements contained in the bid are true. The bidder has not, directly or indirectly,
submitted his or her bid price or any breakdown thereof, or the contents thereof, or
divulged information or data relative thereto, to any corporation, partnership, company,
association, organization, bid depository, or to any member or agent thereof, to
effectuate a collusive or sham bid, and has not paid, and will not pay, any person or
entity for such purpose.
Any person executing this declaration on behalf of a bidder that is a corporation,
partnership, joint venture, limited liability company, limited liability partnership, or any
other entity, hereby represents that he or she has full power to execute, and does
execute, this declaration on behalf of the bidder.
I declare under penalty of perjury under the laws of the State of California that
the foregoing is true and correct and that this declaration is ex4c7i ted�'\
September 30 , 20 15 at
Signature
Title: 5M Contracting Inc.
CONTRACTOR
Page E-1
F - BIDDER'S BOND
To Accompany Bid
KNOW ALL MEN BY THESE PRESENTS,
That we, 5 M Contracting, Inc. as principal,
and Endurance Reinsurance orporation of America as surety, are held and
firmly bound unto the City of Palm Desert in the sum of $ 10.0% of bid (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:
DECONSTRUCTION OF IMPROVEMENTS FOR
A SINGLE FAMILY HOME AT
44-90Q SAN CLEMENTE CIRCLE
Contract No. C34750
The general items of work to be done hereunder consist of:
The deconstruction, demolition, recycling and disposal of improvements within the
project limits; and other items as shown on the plans and per these specifications and
dated October 2, 2015 is accepted by the City of Palm Desert, and if
the above bounden principal 5 M Contracting, Inc. 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 28th day
of September 2015.
Contractor's Name:
Contractor's Signature
Title:_�l�i ,
Address: 2691 Dow Avenue C-2, Tustin, CA 92780
Telephone: (714)730-6760
Surety's Name: Enduran�einsVrance Corporation of America
Surety's Signature:
Title: Stephanie Hoang, Attorney -in -Fact
Address: 4 Manhattanville Road, Pu
Telephone.: (914)468-8000
Page F-2
_ Contractor Acknowledgment
A notary public or other office 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 )
1071
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 hislherltheir signature(s) on the instrument the
person(s), or the entity upon behalf of which the person(s) acted, executed the
instrument.
certify under PENALTY OF PERJURY under the laws of the State of California that the
foregoing paragraph is true and correct.
WITNESS my hand and official seal.
Signature (Seal)
Surety's Acknowledgment
A notary public or other office 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 )
"See attached state statue required form"
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 (Seal)
Page F-3
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
County off Orange IW )
On �� before me, Barbara Copeland Notary Public,
personally appeared Stephanie Hoang
Name(s) of Signers)
who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) Ware subscribed to the
within instrument and acknowledged to me that he/she/they executed the same in his/her/fireir authorized
capacity(ies), and that by his/her/their signature(-&) on the instrument the person(s), or the entity upon behalf of
which the person(s) acted, executed the instrument.
BARA COPEIAND
Commission #F 201SUB
Nowy 10011C - CsiNorMs
Orsnps County
My Comm. Ex kss Apr19,2017
Place Notary Seal Above
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: 4L4.e_,
Signature of tary Public
OPTIONAL
Though the information below is not required by law, it may prove valuable to persons relying on the document
and could present fraudulent and reattachment of this form to another document.
Description of Attached Document
Type or Title of Document:
Document Date:
Signer(s) Other Than Named Above:
Capacity(ies) Claimed by Signer(s)
Number of Pages:
Capacity(ies) Claimed by Signer(s)
Signer's Name: Stephanie Hoang Signer's Name:
❑ Individual ❑ Individual
❑ Corporate Officer — Title(s):
❑ Partner: ❑Limited ❑ General
® Attorney in Fact
❑ Trustee
❑ Guardian or Conservator
❑ Other:
Signer Is Representing:
❑ Corporate Officer — Title(s):
❑ Partner: ❑Limited ❑ General
❑ Attorney in Fact
❑ Trustee
❑ Guardian or Conservator
❑ Other:
Signer Is Representing:
Rev. 1-15
ENDURANCE REINSURANCE CORPORATION OF AMERICA
BIDR941600744
POWER OF ATTORNEY
Xww aff9lien 6y these Talent, that ENDURANCE REINSURANCE CORPORATION OF AMERICA, a Delaware corporation (the "Corporation', with offices at 4
Manhattanville Road, 3rd Floor, Purchase, NY 10577, Purchase, New York 10604, has made, constituted and appointed and by these presents, does make, constitute and appoint
ERIC LOWEY, MARK RICHARDSON, SHAWN BLUME, STEPHANIE HOANG its true and lawful Attomey(s)-in4act, at COSTA MESA in the State of CA
and each of them to have full power to act without the other or others, to make, execute and deliver on its behalf, as surety or co -surety; bonds and undertakings given for any and all
purposes, also to execute and deliver on its behalf as aforesaid renewals, extensions, agreements, waivers, consents or stipulations relating to such bonds or undertakings provided,
however, that no single bond or undertaking so made, executed and delivered shall obligate the Corporation for any portion of the penal sum thereof in excess of the sum of SEVEN
MILLION FIVE, H►4NDREp THOUSAND Dollars ($7,500,000).
Such bonq,&0Q* l�rt9iF`Sy( ses, when duly executed by said attorney(s)-in-fact, shall be binding upon the Corporation as fully and to the same extent as if signed by
the PredOTthrn rate seal attested by its Corporate Secretary.
This made under a a of certain resolutions adopted by the Board of Directors of the Corporation by unanimous written consent on the9th of January, 2014,
a ccjAfw icrappears below under the he*irig entitled "Certificate".
T hii �p'wer of Atto gyp" nd sealed'tCksimile under and by authority of the following resolution adopted by the Board of Directors of the Corporation by unanimous written
cor;V on January 9 � said resolutioVws not since been revoked, amended or repealed:
RE ED, that in gfan ng powers of attorr*y pursuant to certain resolutions adopted by the Board of Directors of the Corporation by unanimous written consent on January9, 2014,
there h directors an rstkthe seal of the Corporation may be affixed to any such power of attorney or any certificate relating thereto by facsimile, and any such
power'gfiertrrq I ng efacsimile signature or seal shall be valid and binding upon the Corporation in the future with respect to any bond or undertaking to which it
s attach , � �V
This Power of A1tamq shad exPi e&a all authority hereunder shall terminate without notice at midnight (Standard Timer where said attomey(s)-in-fact is authorized to act.)
June 14, 2016
IN WITNESS WHEREOF, the Corporation has caused these presents to be duly signed and its corporate seal to be hereunto affixed and attested this 15th day of June, 2015 at
Purchase, New York.
(Corporate Seal)
ATTEST
MARIANNE L. WILBERT, SENIOR VICE PRESIDENT
STATE OF NEW YORK ss: Purchase
COUNTY OF WESTCHESTER
ENDURANCE REINSURANCE CORPORATION OF AMERICA
By�j�Q�IYi
SHARON L. SIMS, SENIOR VICE PRESIDENT
On the 15th day of June,, 201,61belbre me personally came SHARON L. SIMS, SENIOR VICE PRESIDENTto me known, who being by me duly sworn, did depose and say that (s)he
resides in SCOTCH PLAINS, NEW JERSEY that (s)he is a SENIOR VICE PRESIDENT of ENDURANCE REINSURANCE CORPORATION OF AMERICA, the Corporation described
in and which executed the above fbsrument; that (s)he knows the seal of said Corporation; that the seal affixed to said instrument is such corporate seal; that it was so affixed by order
of the Board of Directors of said Corporation, and that (s)he signed his (her) name thereto by like order.
(Notarial Seal)
ANIE LICARI, Notary Public - My Commission Expires
10/29/2015
CERTIFICATE
STATE OF NEW YORK - ss: Purchase
COUNTY OF WEST CHESTER
I, CHRISTOPHER DONELAN the PRESIDENT of ENDURANCE REINSURANCE CORPORATION OF AMERICA, a Delaware Corporation (the "Corporation'), hereby certify:
1. That the original power of attorney of which the foregoing is a copy was duly executed on behalf of the Corporation and has not since been revoked amended or modified; that the
undersigned has compared the foregoing copy thereof with the original power of attorney, and that the same is a true and correct copy of the original power of attorney and of the
whole thereof;
2. The following are resolutions which were adopted by the Board of Directors of the Corporation by unanimous written consent on January9, 2014 and said resolutions have not since
been revoked, amended or modified:
"RESOLVED, that each of the individuals named below is authorized to make, execute, seal and deliver for and on behalf of the Corporation any and all bond& undertakings or
obligations in surety or co -surety with others:
CHRISTOPHER DONELAN, SHARON L. SIMS, MARIANNE L. WILBERT
And be it furttler f1jR
RESOLVE pIfat ed above is authorized to appoint attomeys-in-fact for the purpose of making, executing, sealing and delivering bonds, undertakings or
oblig n aft r co -sr re y Q r►" If of the Corporation."
3. TN'p'- ersigned further certifies that the 36o"ve resolutions are true and correct copies of the resolutions as so recorded and of the whole thereof.
NJ�IyNESS WHEIQ,L hereunto setK hand and affixed the corporate seal this 2$tii day of September 20 15
,TM (Carrate Seal) r* y
r
�.
CHRISTOPHER DONELAN, PRESIDENT
Any reproducfions are void.
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