HomeMy WebLinkAboutC23030 Contreras Construction - Desert Willow Golf ResortREQUEST:
SUBMITTED BY:
CONTRACTOR:
DATE:
CONTENTS:
CITY OF PALM DESERT
STAFF REPORT
AUTHORIZE THE AWARD OF CONTRACT NO. C23030 TO
CONTRERAS CONSTRUCTION CO. FOR THE INSTALLATION
OF CURBING AND FLATWORK ON THE FIRE CLIFF
COURSE/MOUNTAIN VIEW COURSE AT THE DESERT WILLOW
GOLF RESORT
CATHERINE WALKER, SENIOR MANAGEMENT ANALYST
CONTRERAS CONSTRUCTION
P.O. BOX 1808
INDIO, CA 92202
AUGUST 26, 2004
AGREEMENT
Recommendation:
By Minute Motion, that the City Council:
1. Authorize the award of a construction contract (Contract No.
C2103 0 ) to Contreras Construction in the amount of $68,964 for the
installation of curbing and flatwork on the Fire Cliff
Course/Mountain View Course at the Desert Willow Golf Resort;
2. Authorize execution of said contract; and
3. Authorize the Finance Director to set aside the amount of
$6,896.40 as 10% contingency (use of contingency requires
additional action). Funds are available in Account No. 241-4195-
495-8092.
Executive Summary:
Acceptance of staffs recommendation will allow commencement of the installation of
curbing and flatwork on the Fire Cliff Course/Mountain View Course at the Desert
Willow Golf Resort. Rejection of the staff recommendation would result in the need to
select a different contractor to perform the same work, or not performing the
improvements at Desert Willow.
Contract No. C23030
Staff Report
Award of Contract to Contreras Construction Co.
August 26, 2004
Page 2 of 2
Discussion:
Last year staff provided for the installation of curbing at Desert Willow, with the work
successfully performed by Contreras Construction Co. This project calls for the
installation of approximately 3,000 linear feet of curbing and 1,300 square feet of
concrete flatwork on the cart paths located on the Mountain View/Fire Cliff Courses at
the Desert Willow Golf Resort. The installation of curbing along the existing cart path will
prevent the erosion of soil from the adjacent desert landscape; this is an on -going
capital improvement project that will be addressed on an as needed basis in future
years.
Two bids were received, one from Contreras Construction Co. of Indio, and the other
from the Zondiros Corporation. Staff recommends that the bid be awarded to the low
bidder, Contreras Construction Co., in the amount of $68,964. Staff has reviewed the
bid and finds it to be appropriate for recommendation. Zondiros Corporation's bid was
$199,200.00, $130,246.00 higher than Contreras Construction. Contreras Construction
is based locally, and provided sufficient information to demonstrate their history of
successfully completing projects of the size and nature of this project, including the
completion of a similar project at Desert Willow during 2002 and 2003.
Submitted by:
400414" drete*
Catherine Walker
Senior Management Analyst
Approved by:
Carlos L. Ortega, City Manager
Department Head:
McCarthy
r Redevelop
Paul S. Gibson, Director of Finance
CITY COUNCIL TION:
APPROVED DENIED
RECEIVED ,_ OTHER
MEETI ► • : :t1E�.L�i:
AYES:
NOES:
ABSENT: ;► 111�'�'.,', . _ .._
ABSTAIN:A
VERIFIED BY: l i` wr/
Original on File City Clerk's
Office
AGREEMENT
THIS AGREEMENT is made and entered into this 26th of August, 2004, by
and between the City of Palm Desert, California, hereafter called "OWNER", and
Contreras Construction, hereinafter called "Contractor".
WITNESSETH
RECITALS:
1. Contractor has submitted to OWNER its Contractor's Proposal for the
construction of OWNER Project, INSTALLATION OF CURBING AND
CONCRETE FLAT WORK ON THE FIRE CLIFF COURSE/MOUNTAIN VIEW
COURSE AT THE DESERT WILLOW GOLF RESORT, PROJECT NO. 957-04,
CONTRACT NO.c23030 in strict accordance with the Contract Documents
identified below and OWNER has accepted said Proposal.
2. Contractor states that it has re-examined its Contractor's Proposal 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 Proposal 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 Instructions to Bidders;
(d) The Contractor's Proposal; (e) The Bidder's Bond; (f) The Performance
Bond; (g) The Payment Bond; (h) The General Specifications; (i) The
General Special Provisions; (j) The Standard Specifications as modified in
other portions of the Contract Documents; (k) The Special Provisions; (I)
Addenda No. 1; (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 on the date given on 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 45 calendar days from the Notice to Proceed
date to the satisfaction of the OWNER's REPRESENTATIVE.
Contract No. C23030
3. Contractor agrees to indemnify, defend and save OWNER and its officers,
agents and employees, and the OWNER'S REPRESENTATIVE 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.
Attention is directed to the General Specifications pages GS-20, GS-25
and, which specifications are made part of this Agreement as set forth in
Agreement paragraph 1, above.
4. Attention is directed to Section 6-9, "Liquidated Damages" of the Standard
Specifications and is hereby amended to the substitute the Palm Desert
Redevelopment Agency and the Palm Desert Redevelopment Agency in
place of the Agency. Liquidated damages shall be $150 dollars per
calendar day of delay.
5. 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 OWNER or the Contractor, should be
entitled to a reasonable sum for attorney's fees incurred in any such
litigation relating to this Contract.
6. This Agreement shall be binding upon all parties hereto and their respective
heirs, executors, administrators, successors, and assigns.
7 Contractor shall be paid in the manner set forth in the Contract Documents
the amount of its Proposal as accepted by OWNER, subject to such
additions and deductions as may be made pursuant to the Contact
Documents and applicable law.
8. 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
Contract No. C23030
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.
CITY OF PALM DESERT "CONTRACTOR" (signature to be
notarized)
By: By:
Robert A. Spiegel, Mayor Signature
Attest:
Rachelle D. Klassen, City Clerk
Approved as to form:
Dave Erwin, City Attorney
Title
PERFORMANCE BOND
KNOW ALL MEN BY THESE PRESENTS:
THAT WHEREAS the City of Palm Desert has awarded
to
after designated as the "Principal", a contract for: INSTALLATION OF CURBING
AND CONCRETE FLAT WORK AT THE DESERT WILLOW GOLF RESORT,
PROJECT NO. 957-04, CONTRACT NO. r.9gnln
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 OWNER, in the penal sum of 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 OWNER, 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 OWNER 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.
N-1
G:\RDA\Cathy Walker\Word Data\BID SPECS FOR CURBS 2004.doc
Contract No. C23030
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
, 2004.
SURETY PRINCIPAL
BY: BY:
INSURANCE COMPANY and/or AGENT
ADDRESS
TELEPHONE NUMBER
N-2
G:\RDA\Cathy Walker\Word Data\BID SPECS FOR CURBS 2004.doc
Contract No. C23030
PALM DESERT REDEVELOPMENT AGENCY
PAYMENT BOND
KNOW ALL MEN BY THESE PRESENTS:
THAT WHEREAS, the City of Palm Desert (sometimes referred to hereinafter as
"Obligee") has awarded to Contreras Construction (hereinafter designated as the
"Contractor"), an agreement dated August 26, 2004, described as follows:
INSTALLATION OF CURBING AND CONCRETE FLAT WORK AT THE
DESERT WILLOW GOLF RESORT, PROJECT NO. 957-04, CONTRACT NO.
(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 3247 of the Califomia 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 Palm Desert Redevelopment Agency
and to any and all persons, companies or corporations entitled to file stop notices
under Section 3181 of the California Civil Code, in the sum of
Dollars ($ ), 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 3247 through 3252 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 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.
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
Contract No. C23030
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: SURETY:
(Typed Name of Contractor) (Typed Name of Surety)
By: By:
(Signature) (Signature of Attorney -in -Fact)
(Typed Name and Title) (Typed Name of Attorney -in -Fact)
The rate of premium on this bond is per thousand.
The total amount of premium charged: $
(the above must be filled in by corporate surety).
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)
CONTRACTOR'S PROPOSAL
TO: PALM DESERT REDEVELOPMENT AGENCY, "OWNER"
DATE: -7 /10.Ai /6-1/
BIDDER: 4,f 4/024-uchtk„ C • "Contractor"
The UNDERSIGNED, "Contractor", having carefully examined the site and the
Contract Documents for the construction of INSTALLATION OF CURBING AND
CONCRETE FLAT WORK ON THE FIRE CLIFF COURSE/ MOUNTAIN VIEW
COURSE AT THE DESERT WILLOW GOLF RESORT, PROJECT NO. 957-04,
CONTRACT NO. R- hereby proposes to construct the work in
accordance with the Contract Documents, including Addenda Nos. I for
the amount stated in this Proposal.
By submitting this Proposal, "Contractor" agrees with OWNER:
1. That unless withdrawn in person by "Contractor" or some person
authorized in writing by "Contractor" - not by telephone or telegram - before the
time specified in the Notice Inviting Bids for the public opening of bids, this
Proposal constitutes an irrevocable offer for 60 calendar days after that date.
2. The OWNER has the right to reject any or all Proposals and to waive
any irregularities or informalities contained in a Proposal.
3. That the contract shall be awarded only by the governing body or its
designee of OWNER; and said contract shall only be deemed awarded after the
contractor's complete submission of all contract documents, bonds, insurance
documentation, and the OWNER shall obtain all necessary signatures of the
governing body. At which time, the contract shall be deemed awarded.
4. To submit to OWNER such information as OWNER 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 OWNER, 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
OWNER 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 OWNER'S Engineering and architectural
expense and cost of maintaining or construction alternate facilities occasioned by
the failure to execute and deliver said documents.
'- • Vs
yS3
C-1
7. _ 5' 2004 a9: 00 7603416�72
RDA PALM DESERT PAGE 02;10
PALM DESERT REDEVELOPMENT AGENCY
ADDENDUM NO. 1
FOR
PROJECT NO. 957-04
INSTALLATION OF CURBING
ON THE FIRE CLIFF COURSE/MOUNTAIN VIEW COURSE
AT DESERT WILLOW GOLF RESORT
Distributed July 9, 2004
ACKNOWLEDGEMENT OF RECEIPT OF ADDENDUM NO. 1 IS REQUIRED IN ORDER
FOR A BID TO BE CONSIDERED RESPONSIVE. BIDDER IS REMINDED TO
INDICATE SUCH ACKNOWLEDGEMENT ON PAGE C-1 OF CONTRACTORS
PROPOSAL.
The following items of clarification or correction and of new information are hereby made
part of the contract documents for the subject project. When any conflict exists. the
information in Addendum No. 1 supercedes that provided in the plans and specifications
issued for bid in June 2004
1. THE BID OPENING DATE HAS BEEN EXTENDED. THE BID OPENING WILL
BE HELD AT THE CITY OF PALM DESERT AT 2PM ON WEDNESDAY JULY
21, 2004.
2. Refer to Special Provisions SP-5, 303.5.1: The 6" inch curbs are to extend 4'
below the cart path surface, bringing the total height of the curb to 10". Please
refer to attachrnent SK —1.
3. Concrete shall be Class 560-C-3250 with fibem-resh included at a minimum rate of
1.50 pounds per yard of concrete.
4. All flatwork snail have a thickness of 4 inches.
5. The attached Special Provisions supercede and replace the special provisions
provided in the original bid documents. Pages Sp 1 through SP 6 are hereby made
a part of the contract documents. /'
- END OF ADDENDUM -
E ique G. Con reras
0 ner & Partner
CONTRACTOR'S PROPOSAL (continued)
INSTALLATION OF CURBING
ON THE FIRE CLIFF COURSE/MOUNTAIN VIEW COURSE
AT THE DESERT WILLOW GOLF RESORT
PROJECT NO. 957- 04
CONTRACT NO. R-
It is understood that the quantities shown hereon, except for those quantities
marked "Lump Sum", are but estimates and the final payment will be based upon
the actual work performed, subject to such adjustment and alterations
ITEM ITEM DESCRIPTION ESTIMATED UNIT UNIT PRICE TOTAL
NO. QUANTITY
1. Mobilization Lump Sum LS $ Q, 95 . `a. $ a, cisa 0�
2. Clearing & Grubbing Lump Sum LS $ 3j (D7Q •°' $ 3, Le - a .'
3. New -curbing -Concrete: 3,000 LF $ 1S. $ Lk StO,
"6" x6. curbingta be-addedLta
existing cart path
4. Flat Work 1,300 SF $ /
$►L4O .
5. Special Services 1 LS $ 1, 500
TOTAL BID PRICE $g ci(Qi..f •
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 Pay Items, 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 $ 4 t.QL
TOTAL AMOUNT BASE BID IN WORDS
C-2
G:\RDA\Cathy Walker\Word Data\BID SPECS FOR CURBS 2004.doc
Address T G Be-,S!' /846:› / n j C i 9-- 90)- /
(NO BID WILL BE CONSIDERED UNLESS THIS DOCUMENT IS COMPLETED
IN FULL. ALL APPLICABLE ITEMS MUST BE FILLED OUT)
INFORMATION REQUIRED OF BIDDER
The bidder is required to supply the following information. Additional sheets
may be attached if necessary.
(1)
(2) Telephone No. 7 ) c3(-/ 7 (0 4-7l)
(3) Type of Firm (Individual, Partnership or Corporation) g j(_(ijh<i
(4) Corporation organized under the laws of the State of ( ,/ y at -
(5) Contractor's License No. & ;/ 7S' 75'" Exp. Date ea4),/7
Contractor hereby swears und= penalty of perjury that this information
provid - . true a ► d
r.
By.
!gnat
Title 7k)1 yr
Contractor
(6) List the names and addresses -of at owriemotttimfi ornaTnes= and titles -
of all officers of the corporation:
17- 00,3 L)i:
d , (I4- � 9C)
?u/04,7 6.)47L,(:-,y_i
1127.0 (51.
(7) Number f years' experience as a contractor in construction work
(8) List at least three similar projects completed recently:
Contract Class of Date Name, Address &
Amount Work Completed Telephone No.
�
of Owner`�
1. '! �,?7 d2� ") &vil �-�t�' , , R i ec1d2. -
r7
2. e_Sri 1t. 6(-1-
Nyd' Jinc/i6
607- re-144
(9) List the names and addresses of each subcontractor who will perform work
D-1
in or about the work improvement, and indicate what portion of the work will
be done by each subcontractor:
Note: Copy this page and attach additional pages if necessary.
Subcontractor's Name:
License Number:
Address:
Telephone:
Work to be performed:
Subcontractor's Name:
License Number:
Address:
Telephone:
Work to be performed:
Subcontractor's Name:
License Number:
Address:
Telephone:
Work to be performed:
(10) List the name of the per on who inspected the site of the proposed work for
your firm Prnax) 4k�'vef,�S
J
(11) A financial statement and references sufficiently comprehensive to permit
an appraisal of your current financial condition may be required by the
OWNER.
D-2
G:\RDA\Cathy Walker\Word Data'\BMD SPECS FOR CURBS 2004.doc
NON -COLLUSION AFFIDAVIT TO BE EXECUTED
BY BIDDER AND SUBMITTED WITH BID
STATE OF CALIFORNIA )
) SS
COUNTY OF RIVERSIDE)
Vue 6 eci e..C,y,5 , being first duly sworn deposes and says that
h e/skie ispefAicr octi►'le'' ofCADtgi Y85 `avSertr%nK , the party making the
foregoing bid; that the bid is not made in the interest of, or on behalf of , any
undisclosed person, partnership, company, association, organization, or
corporation; that the bid is genuine and not collusive or sham; that the bidder has
not directly or indirectly induced or solicited any other bidder to put in a false or
sham bid, and has not directly or indirectly colluded, conspired, connived, or
agreed with any bidder or anyone else to put in a sham bid, or that anyone shall
refrain from bidding; that 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, or to secure any advantage
against the pubic body awarding the contract of anyone interested in the proposed
contract; that all statements contained in the bid are true; and, further, that 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, or paid, and will not pay, any fee to any corporation, partnership,
company, association, organization, bid depository, or to any member or agent
thereof to effectuate a collusive or sham bid.
Subscribed and sworn to, before me this
July 2004,
By:
Notary Public in
County and St
(T tle)
Ramon C. Dia• (Notary Public)
12
day of
RAMON CARLOS DIAZ
Commission • 1462473
Noaory Public - CoNto,No
Weald* County
My Comm. Expires Jon 13, 2008
E-1
G:\RDA\Cathy Walker\Word Data\BID SPECS FOR CURBS 2004.doc
Premium included in Performance Bond
BIDDER'S BOND TO ACCOMPANY PROPOSAL
KNOW ALL MEN BY THESE PRESENTS,
That we, Contreras Construction Co as
principal, and Developers Surety and Indemnity Company
as surety, are held and firmly bound unto the Palm Desert Redevelopment Agency
in the sum of $ 10% of bid (10% of bid) to be paid to the said
OWNER 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 proposal of
the above bounden principal to perform certain work described as follows
Installation of 3,000 linear ft. of curbinQand 1.300 square ft. of concrete flat work
on cart paths located on the Fire Cliff and Mountain View Courses at Desert
Willow.
and dated is accepted by the Palm Desert Redevelopment
Agency, and if the above bounden principal
Contreras Construction Co
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 owner to institute a lawsuit, or any other
legal proceeding to enforce the terms and conditions of this bond, then all costs of
sad proceeding, including attomey's fees, shall be awarded to the prevailing party
IN WITNESS WHEREOF, We hereunto set our Hands and Seals this
7th day of July , 20 04
Contreras Construction Co
Developers Surety and Indemnity Company
Contractor's Name % Surety's Name
By,
Title a Jji , ;
)F'-1
Address 17780 Fitch, Irvine CA 92614
Telephoy. (949) 263-3300.
By:
Ann Willard Attorney in Fact
G.ARDA\C.chy walker\Word Dita'BID SPECS FOR CURBS 2004 doc
CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT
4<`.rcczc'
State of California
County of
Riverside
On 07/12/2004 , before me, Ramon Carlos Diaz (Notary Public)
Date
personally appeared
Name and Title of Officer (e.g., 'Jane Doe. Notary Publc')
Enrique G. Contreras
Place Notary Seal Above
Name(s) of Signer(s)
personally known to me
CJ 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 instrum the person(s), or
the entity upon behalf of ch the person(s)
acted, executed the instr
WITNESS my hand an
OPTIONAL
Signature Notary P
eal.
Though the information below is not required by law, it may prove valuable to persons relying on the document
and could prevent fraudulent removal and reattachment of this form to another document.
Description of Attached Document
Title or Type of Document: Bidder's Bond to ;Accompany Proposal
Document Date: 07/07/2004 Number of Pages: 1
igner(s) Other Than Named Above:
Capacity(ies) Claimed by Signer
Signer's Name:
D Individual
❑ Corporate Officer — Title(s):
❑ Partner — D Limited 0 General
O Attorney in Fact
❑ Trustee
D Guardian or Conservator
D Other.
Signer Is Representing: Contreras Construction Co.
RIGHT TH
OF S
UMBPRINT
GNER
Top of thumb here
0 1999 Natpnar Notary Association • 9350 De Soto Ave.. P.O. Box 2402 • Chatsworth, CA 91313.2402 • www.natd0nak1otary.or0
Prod. No. 5907 Reorder: Call Toil -Free 1.900 876-6827
STATE OF CALIFORNIA
COUNTY OF RIVERSIDE
ON
��Y 7
i , 2004
BEFORE ME, YVONNE R. ORTIZ - NOTARY PUBLIC,
PERSONALLY APPEARED ANN WILLARD
personally known to me (or 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 SEAL
which the person(s) acted, executed the
instrument.
WITNESS my hand and official seal.
iter(56--
YVONNE R ORTIZ
s • ;�.K Commission # 1462491 �' •� .
Notary P Y ublic - California 4
Riverside County rt My Comm. Expires Jan 13, 2008
ALL PURPOSE ACKNOWLEDGMENT
POWER OF ATTORNEY FOR
DEVELOPERS SURETY AND INDEMNITY COMPANY
INDEMNITY COMPANY OF CALIFORNIA
PO BOX 19725, IRVINE. CA 92623 • (949) 263-3300
KNOW ALL MEN BY THESE PRESENTS, that except as expressly limited, DEVELOPERS SURETY AND INDEMNITY COMPANY and INDEMNITY COMPANY
OF CALIFORNIA. do each. hereby make. constitute and appoint:
***Paul W. Lewis, Ann Willard, Diane M. Nielsen, Van G. Tanner, Matt Costello, Jeanette McCulloch, jointly or
severally***
as their true and lawful Attorney(s)-in-Fact, to make, execute, deliver and acknowledge, for and on behalf of said corporations, as sureties, bonds, undertakings and contracts
of suretyship giving and granting unto said Attorneys) -in -Fact full power and authority to do and to perform every act necessary. requisite or proper 10 be done in
connection therewith as each of said corporations could do, but reserving to each of said corporations full power of substitution and revocation. and all of the acts of said
Attorney(s)-in-Fact. pursuant to these presents. are hereby ratified and confirmed.
This Power of Attorney is granted and is signed by facsimile under and by authority of the following resolutions adopted by the respective Board of Directors of
DEVELOPERS SURETY AND INDEMNITY COMPANY and INDEMNITY COMPANY OF CALIFORNIA. effective as of November I. 2000:
RESOLVED, that the Chairman of the Board, the President and any Vice President of the corporation be. and that each of them hereby is, authorized to execute
Powers of Attorney. qualifying the attorney(s) named in the Powers of Attorney to execute. on behalf of the corporations, bonds. undertakings and contracts of suretyship;
and that the Secretary or any Assistant Secretary of the corporations be. and each of them hereby is, authorized to attest the execution of any such Power of Attorney:
RESOLVED. FURTHER. that the signatures of such officers may be affixed to any such Power of Attorney or to any certificate relating thereto by facsimile. and
any such Power of Attorney or certificate bearing such facsimile signatures shall be valid and binding upon the corporation when so affixed and in the future with respect to
any bond. undertaking or contract of suretyship to which it is attached.
IN WITNESS WHEREOF. DEVELOPERS SURETY AND INDEMNITY COMPANY and INDEMNITY COMPANY OF CALIFORNIA have severally caused these
presents to be signed by their respective Executive Vice President and attested by their respective Secretary this 8'" day of January. 2002.
By:
By:
David H. Rhodes. Executive Vice President
Walter A. Crowell. Secretary
STATE OF CALIFORNIA
COUNTY OF ORANGE
)
)SS.
On January 8, 2002. before me. Antonio Alvarado, personally appeared David H. Rhodes and Walter A. Crowell, personally known to me (or proved to me on
the basis of satisfactory evidence) to be the persons whose names are subscribed to the within instrument and acknowledged to me that they executed the same in their
authorized capacities, and that by their signatures on the instrument the entity upon behalf of which the nersons acted. executed the instrument.
WITNESS my hand and official seal.
Signature
CERTIFICATE
ANTONIO ALVARADO 1
CI COMM. # 1300303
2 Notary Public - California M
ORANGE COUNTY 9
My Comm. Expires APRIL 10, 2005
The undersigned, as Chief Operating Officer of DEVELOPERS SURETY AND INDEMNITY COMPANY and INDEMNITY COMPANY OF CALIFORNIA.
does hereby certify that the foregoing Power of Attorney remains in full force and has not been revoked. and furthermore, that the provisions of the resolutions of the
respective Boards of Directors of said corporations set forth in the Power of Attorney, are in force as of the date of this Certificate.
This Certificate is executed in the City of Irvine, California, the 1 day of
By
David G. Lane, Chief Operating Officer
--3-v �� . 200 .
ID-1380 (01/02)
AFFIRMATIVE ACTION PROGRAM
This is an Equal Employment Opportunity Status Report. If the anticipated amount
of the contract exceeds $10,000.00, or if the anticipated annual amount of
purchase orders placed with a vendor exceeds $10,000.00, preparation of this
form is required.
Supplier Name: 4171-1C4S (1,11 Telephone: 7 64'20
Street Address: c5y9 J S-
Agency: j nd1) State e- Zip: a) /
Number of Employees:
/9
This Firm is:
Independently Owned and Operated 61;
An Affiliate } Parent Company: �017LjG�J,4 'SSZ
Or Address: geA-c-.-Q
A Subsidiary }
Or
A Division }
Seller Seller
Has Has Not
Held contracts or subcontracts subject to the Equal Opportunity
Clause of Executive Order 112246.
Filed Equal Employment Opportunity Information Report EEO-1
when required.
Developed a written Affirmative Action Program.
Seller's Equal Employment Opportunity Program has -has not X been
subject to a Government Equal Opportunity Compli ., ce Review. If s6, when?
Date: 7/c9--lili
G-1
G ,RDA\Cathy Walker\Word Data\BID SPECS FOR CURBS 2004.doc
CERTIFICATION OF BIDDER AND QUALIFICATIONS
The undersigned bidder certifies that he or she is, at the time of bidding, and shall
be throughout the period of the contract, licensed by the State of California to do
the type of work required under the terms of the contract documents. Bidder
further certifies that he or she is skilled and regularly engaged in the general class
and type of work called for in the contract documents.
The bidder represents that he or she is competent, knowledgeable and has special
skills with respect to the nature, extent and inherent conditions of the work to be
performed. Bidder further acknowledges that there are certain peculiar and
inherent conditions existent in the construction of the work which may create,
during the work, unusual or peculiar unsafe conditions hazardous to persons and
property.
Bidder expressly acknowledges that he or she is aware of such peculiar risks and
that he or she has the skill and experience to foresee and to adopt protective
measures to adequately and safely perform the construction work with respect to
such hazards.
Furthermore, bidder hereby certifies to the owner that all representations,
certifications and statements made by bidder, as set forth in this bid form, are true
and correct and are made under penalty of perjury.
Signed this /a day of
Name of Bidder
Q/ 78 76'
Contror's License No.
Sign..''' re offzidde
Title of Signator
H-1
Contractor's License Exp. Date
G:1RDA',Cathy Walker\Word Data\BID SPECS FOR CURBS 2004.doc
CONTRACTOR'S LICENSE
Contractor's License No: &2/ ?S 7f'"
has not been revoked.
Issued on: CP_/ Zo ,
The license expiration date is ��/ 40 . The representations made herein
are made under penalty of perjury.
Signed this /off day of , 2Oz*
•
7" S /AS7`I2C1KUL- Z/D
ame of Contractor or Contracting Firm
I-1
G:1RDA\Cathy Walker\Word Data\BID SPECS FOR CURBS 2004.doc