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HomeMy WebLinkAboutC22610 JD Stine Constructors - Construction of the Portola Ave Sidewalk 633-02REQUEST: SUBMITTED BY: APPLICANT: DATE: CONTENTS: CITY OF PALM DES PUBLIC WORKS DEPAR STAFF REPORT MEETING DATE ___' / `6) CONTINUED TO 10` - U T R PASSED TO 2ND READING * Continued this matter until following the City Council's discussion of programm future Capital Improvement Projects. 4-0 (Spiegel ABSENT) Award Contract No. C22610 to J.D. Stine Constructors, Inc. for the construction of the Portola Avenue Sidewalk Mark Greenwood, P.E., City Engineer J.D. Stine Constructors, Inc. 459 Genevieve Lane San Bernardino, California 92407 May 27, 2004 Agreement Vicinity Map Recommendation: By Minute Motion: 1. Appropriate $125,000.00 from the un-obligated Fund 400 to account 400-4616-433-4001. 2. Award Contract No. C22610 to J.D. Stine Constructors, Inc., of San Bernardino, California, in the amount of $408,852.00. 3. Set aside $40,885.20 as a 10% contingency. 4. Authorize the Mayor to execute the Agreement. Discussion: On March 13, 2003, City Council awarded the design contract for the construction of the Portola Avenue Sidewalk between Magnesia Falls Drive and Quicksilver Drive to NAI Consulting. With the design phase complete, staff advertised and called for bids for construction of this project. On May 19, 2004,sealed bids were received and opened by the City Clerk and the results are as follows: J.D. Stine Constructors, Inc. (San Bernardino, California) $408,852.00 Staff Report Award Contract No. C 22610 to J. D. Stine Constructors, Inc. Page 2 of 2 May 27, 2004 Several local contractors obtained plans and specifications; however, J.D. Stine Constructors, Inc. was the only company to submit a bid. Staff has reviewed the bid and check references listed in the bid packet. Staff finds J. D. Stine Constructors, Inc. to be capable of performing the work outlined in the specifications. Additional funding is needed in the sidewalk account because the San Gorgonio Sidewalk and the annual sidewalk replacement program are being funded from the same account. Therefore, staff recommends that City Council by minute motion, appropriate $125,000.00 from un-obligated Fund 400 to Account No. 400-4616-433-4001; and award the subject contract to J.D. Stine Constructors, Inc., of San Bernardino, Califomia. Submitted y: Mark Gree'wood, P.E. City Engineer Approval: ACM for De "'ram.' ment Services /cis Department Head: Foe Michael Errante, P.E. Director of Public Works Finance Director G:1PubWorks\PROJECTS1633-021StafReports\STAFF REPORT -Award Contract Lowest R. Bidder.dot CONTRACT NO.C22610 AGREEMENT THIS AGREEMENT is made and entered into this 27th day of May 2004, by and between the City of Palm Desert, Califomia, hereafter called "OWNER", and J.D. Stine Constructors, Inc., hereinafter called "Contractor". WITNESSETH RECITALS: 1. Contractor has submitted to OWNER its Contractor's Proposal for the construction of OWNER'S Project Portola Avenue Sidewalk Improvements Magnesia Falls To Quicksilver, PROJECT NO. 633-002, 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 Instruction to Bidders; (d) The Contractor's Proposal; (e) The Bidder's Bond; (f) The Performance Bond; (g) The Payment Bond; (h) The General Conditions; (i) The Special Provisions; j) The Standard Specifications as modified in other portions of the Contract Documents; (k) The Plans; (I) Addenda Nos.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 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. I in accordance with the Contract Documents and will complete said work within SIXTY (60) calendar days from the Notice to Proceed date to the satisfaction of the City Engineer. G:1PubWorks\PROJECTS1633-021Contracts\CONTRACT AGREEMENT-J. D. Stine Constructors.doc CONTRACT NO.C22610 3. That the Contractor agrees to indemnify, defend, and hold harmless the OWNER, its officers, agents and employees, and the Engineer, from any and all claims and losses accruing or resulting to any and all contractors, subcontractors, materialmen, laborers, and any other person, firm or corporation furnishing or supplying work, services, materials or supplies in connection with the performance of this Agreement. 4. Attention is directed to Section 6-9, "Liquidated Damages" of the Standard Specifications and is hereby amended to the substitute the City of Palm Desert in place of the State of California. Liquidated damages shall be $2,000.00 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 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 Califomia 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. " GPubWorks\PROJECTS1633-021Contracts\CONTRACT AGREMENT-J. D. Stine Constructors.doc CONTRACT NO.C22610 ' 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: J. D. Stine Constructors, Inc. By: Attest By: Signature to be notarized Title: Title: OWNER: CITY OF PALM DESERT By: Title: Mayor of Palm Desert, California APPROVED AS TO CONTENT: Homer Croy ACM for Development Services Attest By: Title: City Clerk of Palm Desert David J. Erwin City Attorney G:\PubWorks\PROJECTS\633-021Contracts\CONTRACT AGREEMENT-J. D. Stine Constructors.doc CONTRACT NO.C22610 PERFORMANCE BOND KNOW ALL MEN BY THESE PRESENTS: That whereas the City of Palm Desert has awarded to J. D. Stine Constructors, Inc. hereinafter designated as the "Principal", a contract for: PROJECT NO. 633-02 Portola Avenue Sidewalk between Magnesia Falls Drive and Quicksilver 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, J. D. Stine Constructors, Inc. 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 Four hundred eight thousand, Eight hundred fifty two and no/100 Dollars ($408,852.00), 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 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. GPubWorks\PROJECTS1633-02\Contracts\CONTRACT AGREEMENT-J. D. Stine Constructors.doc CONTRACT NO.C22610 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 BY: BY: INSURANCE COMPANY and/or AGENT: ADDRESS: TELEPHONE NUMBER: G:1PubWorksIPROJECTS1633-021Contracts\CONTRACT AGREEMENT-J. D. Stine Constructors.doc CONTRACT NO.C22610 CITY OF PALM DESERT PAYMENT BOND KNOW ALL MEN BY THESE PRESENTS: THAT WHEREAS, the City of Palm Desert (sometimes referred to hereinafter as "Obligee") has awarded to J. D. Stine Constructors, Inc. (hereinafter designated as the "Contractor"), an agreement dated May 27, 2004 described as follows: Portola Avenue Sidewalk between Magnesia Falls Drive and Quicksilver, Project No. 633-02 (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 California Civil Code; NOW, THEREFORE, we, J. D. Stine Constructors, 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 notices under Section 3181 of the California Civil Code, in the sum of Four hundred eight thousand, Eight hundred fifty two and no/100 Dollars ($408,852.00, said sum being not Tess 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 hereinabove, 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. GAPubWorks\PROJECTS\633-02\Contracts\CONTRACT AGREEMENT-J. D. Stine Constnrctors.doc CONTRACT NO.C22610 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: 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. G:1PubWorks\PROJECTS1633-021Contracts\CONTRACT AGREEMENT-J. D. Stine Conslructors.doc CONTRACT NO.C22610 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) G:1PubWorks\PROJECTS1633-021Contracts\CONTRACT AGREEMENT-J. D. Stine Constructors.doc PROJECT STATE 111 AREA VICINITY MAP CONTRACTOR'S PROPOSAL PROJECT NO. 633-02 TO: CITY OF PALM DESERT, "Owner" DATE: May 19, 2004 BIDDER: J.D. Stine Constructors, Iiic. "Contractor" The UNDERSIGNED, "Contractor", having carefully examined the site and the Contract Documents for the construction of, PORTOLA AVE SIDEWALK IMPROVEMENTS MAGNESIA FALLS TO QUICKSILVER, PROJECT NO. 633-02, CONTRACT NO. C22610, hereby proposes to construct the work in accordance with the Contract Documents, including Addenda Nos.1 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 goveming body 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 engineering and architectural expense and cost of maintaining or construction alternate facilities occasioned by the failure to execute and deliver said documents. C-1 CONTRACTOR'S PROPOSAL FOR PORTOLA AVE SIDEWALK IMPROVEMENTS MAGNESIA FALLS TO QUICKSILVER PROJECT NO. 633-02 CONTRACT NO. C22610 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 as elsewhere provided herein. BID ITEMS ITEM NO. ITEM DESCRIPTION UM QTY UNIT PRICE TOTAL itr��iwk�r��':� a' {�3 `��l�i�.O.�`�-�::.`• �(� Ma_Z A �. ` �� �. ilii4 t+ » i'i: � Items i • ?v: t 'i` r` .. +F� : �+. ',��. �.` iN "} � r• . e?* ___. r .r `� .tF �rEa`�. C. t ,..1, 1 SURVEY STAKING LS 1 : nc>e `—` $ 'e C-- 2 MOBILIZATION LS 1 .g4, 42t�`�' $ ,,,- •;c -1 3 PROVIDE EROSION, DUST, POLLUTION CONTROL, AND TEMPORARY AC ACCESS FOR PUBLIC CONVENIENCE, AS REQUIRED PER THE CONTRACT DOCUMENTS, NPDES, WQMD, SWPPP "BEST MANAGEMENT PRACTICES", AND PER THE AQMD PM-10 DUST MITIGATION REQUIREMENTS LS 1 -'�c c;` $/c :r - 4 CLEARING AND GRUBBING LS 1 7,mac'—/c-`` $J5-;c:, 5 TRAFFIC CONTROL LS 1 / 7..,::�. z�c-.. ` - $ .' , _- -.; .. 6 SPECIAL SERVICES (AS DIRECTED BY THE ENGINEERL LS 1 $50,000 00 $50,000,00 7 UNCLASSIFIED EXCAVATION (F) CY 650 �=v `=" $/'c _...:'-' $ -: �-; 8 EXPORT SURPLUS MATERIAL (F) CY __ 650 r - `-'`-' 9 SAWCUT, REMOVE AND DISPOSE OF EXISTING AC PAVING TO THE REQUIRED DEPTHS TO ACCOMMODATE PROPOSED IMPROVEMENTS (F) SF 2,250 . ` `'' $ -'-t<. • 10 SAWCUT, REMOVE AND DISPOSE EXISTING CURB AND GUTTER (F) LF 195 %' ` ' $ r; •,,. - 11 SAWCUT, REMOVE AND DISPOSE EXISTING AC PAVEMENT 2' FROM GUTTER (F) SF 868 "'Y' $ -c. :: 12 SAWCUT, REMOVE AND DISPOSE EXISTING PCC SIDEWALK (F) SF 1,600 7 $ ‘-/_ .,-r- ' 13 SAWCUT, REMOVE AND DISPOSE EXISTING RIP RAP/GROUTED ROCK SLOPE TO ACCOMMODATE THE PROPOSED SIDEWALK, WALL AND MISCELLANEOUS IMPROVEMENTS. (F) SF 2,200 i•> r'. $ :_-:_':_ , ,.:' C-2 14 REMOVE EXISTING DECORATIVE ROCK TO FACILITATE PROPOSED IMPROVEMENTS. RESET AND SPREAD ROCK OVER EXISTING ROCK (F) SF 1,100 3 <-' $ : ;_;, .` 15 REMOVE AND DISPOSE EXISTING TREES, OLEANDERS, SHRUBS AND ROOTS TO FACILITATE PROPOSED IMPROVEMENTS (F) LS 1 cc.� '-" $ ? ,-,, 16 ADJUST EXISTING TRAFFIC PULL BOX EA 4 -„r .52!-- $ ,ccr-,. 17 RELOCATE/RECONNECT EXISTING IRRIGATION WATER METER FACILITY AS REQUIRED, AS IT EXISTED "LIKE IN KIND" LS 1 i El'c�c:,`- $ ST . `-' 18 REMOVE AND RELOCATE EXISTING SIGN EA 2 -3,-;c>,`==- $ 7Gc•-. `` 19 REMOVE AND SALVAGE EXISTING SIGN AND POST AND RETURN TO THE PUBLIC WORKS YARD. INSTALL NEW SIGN AND POST AS INDICATED ON PLANS EA 8 mac;, is $ _:r 4_:.1 20 ADJUST EXISTING MANHOLE TO GRADE (+l- 2.4 FEET) EA 1 .5c-,c-�,`-•= $—�,,.=' 21 REMOVE EXISTING WALL AND FOOTING (F) LF 42 5�,,`-" $ fc---7.`-' 22 REMOVE EXISTING FLEXIBLE TRAFFIC MARKER AND FILL HOLE WITH CONCRETE EA 10 ,S ''= $ S c;•" 23 CONSTRUCT 8' WIDE, 4" THICK PCC SIDEWALK PER CITY OF PALM DESERT STD. DWG. 104 SF 7,035 Z "`c' $ / ¢ 7-7'--{ 24 CONSTRUCT 8' WIDE, 6" THICK PCC SIDEWALK WITH SLOPE LINING CONNECTION PER DETAIL ON SHEET 5 r SF 2,184 4 ' $c>75c.:." 25 CONSTRUCT 2' WIDE, 6" THICK PCC DECK EXTENSION WITH SLOPE LINING CONNECTION PER DETAIL ON SHEET 5 SF 680 • /Z "��' $ comic-:.'' 26 CONSTRUCT 20' LONG SIDEWALK RAMP TRANSITION SF 320 c''r' $ r r-> ;' - 27 CONSTRUCT ACCESS RAMP, CASE B, PER RIVERSIDE COUNTY STD. 403 EA 2 72 $r4:--sc .`- 28 CONSTRUCT 6" CURB AND GUTTER, TYPE 1, PER CITY OF PALM DESERT STD. DWG. 102 LF 330 t.-.. "� $ C..C,c-‹ `,-" 29 CONSTRUCT 6" CURB, TYPE II, PER CITY OF PALM DESERT STD. DWG. 103. PROVIDE 1' OPENING EVERY 10' FOR DRAINAGE LF 108 , -?G '5' $ -` ,-�.; :.- 30 CONSTRUCT TYPE D-1, 8" CURB (DOWELED ONTO EXISTING PCC) PER RIVERSIDE COUNTY STD. 203. PROVIDE 1' OPENING EVERY 10' FOR DRAINAGE LF 67 �� $ / -: s.'. 31 CONSTRUCT TYPE 6A, 8" SLUMP BLOCK RETAINING WALL AND FOOTING PER CALTRANS STD. B3-11 (HEIGHT PER PLAN) WITH LA PAZ BLOCK AND 2" THICK MISSION CAP. INSTALL 4" WEEP HOLES AT 25' CENTERS PER CALTRANS DET. B0-3. LF 872 (,-, $ `?cam i �._', 32 CONSTRUCT 2' WIDE, 9" THICK, FULL DEPTH AC SF 868 4- `'` $ _ t'7'_ `4- 33 FURNISH AND INSTALL 4' HIGH WROUGHT IRON FENCE. FENCE COLOR AND DESIGN TO BE PROVIDED BY THE CITY ENGINEER. LF 370 7C; rir $ 75ce:; . C-3 . 34 REMOVE, DISPOSE EXISTING LANDSCAPING AND IRRIGATION AS REQUIRED TO CONSTRUCT PROPOSED IMPROVEMENTS, REPLACE AND RECONSTRUCT "LIKE IN KIND". (F) LS 1 0 � .s` $ ._••-. ,--. ' 35 SIGNING AND STRIPING. PER PLAN LS 1 ¢a ,•, .` - $ e.:, r , 36 FURNISH AND INSTALL TRAFFIC SIGNAL INTERCONNECT PER PLAN LS 1 3�"_.11-Sc=.'=`-- $ _.` ti% :. TOTAL $ '".' 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 Item, 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 $ 4e-1 ' TOTAL AMOUNT BASE BID IN WORDS -f:'i2 Ne_ e't-•ter%r = IN WITNESS WHEREOF Contractor executed this proposal as of date set forth on Page C-1: By: LL-1 _ L�f Signature Title: President COntraCtOr J.D. Stine Constructors, Inc. Attest by: Jack D. Stine Title: C.E.O. C-4 (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) Address 4459 Genevieve Lane, San Bernardino, Ca. 92407 (2) Telephone No. 909/886-1527 (3) Type of Firm (Individual, Partnership or Corporation) corporation (4) Corporation organized under the laws of the State of California (5) Contractor's License No. 71 61 5 4 Exp. Date 12 / 31 / 2 0 0 5 Contractor hereby swears under penalty of perjury that this information provided is true and correct. By: litA• .IL3.Ll140 Title:President ature Si Contractor J.D. Stine s, (6) List the names and addresses of all owners of the firm or names anCo d ti lesru of all officers of the corporation: (7) (8) ctors, Inc. J.D. Stine,.C.E.O. 4459 Genevieve Ln, Sn Bdno, Ca. 92407 Cynthia S. Stine, Pres. 2830 Mayfield Ave, Sn Bdno, Ca. 92405 Robert F. Stine, V.P. 8077 Amador Ave, Yucca Valley, Ca. 92284 Patricia M. Stine, Sec/Trea.4459 Genevieve Ln, Sn Bdno, Ca. 92407 Number of years' experience as a Contractor in construction work 50 List at least three similar projects completed recently: Contract Class of Date Name, Address & Amount Work Completed Telephone No of Owner 1. $375,000.00 Concrete 5/04 Town of Yucca VAlley 58928 Business Ctr Dr. Yucca Valley, Ca. 92284 2. $ 377, 000. 00_ Concrete tOLA4 M L1 S n_ 5715 _trtah Trail_ 29 Palms, Ca. 92277 3. $233,000.00 Concrete 12/03 City of Riverside lann Main StrPPt Ri i7Prcc9i P, rA 92522 (9) List the names and addresses of each Subcontractor who will perform work in or about the work improvement, and indicate what portion of the work will be done by each Subcontractor: Subcontractor's Name: 7 ! _, c License Number: Address: k /CMG- S l/ - Telephone: `7"%'-- -` Work to be performed: - ,,, { "-'' > f 4-4— /,.; r-� < •nl,�,c� ; <� ys 7— / �, y._c /✓„ c Cc�, ,— of /"? •c.-` Subcontractor's Name: . _c."(Z./ i C /,. L i 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 person who inspected the site of the proposed work for yourfirm Jack D. Stine (11) A financial statement or other information and references sufficiently comprehensive to permit an appraisal of your current financial condition may be required by the Owner. D-2 NONCOLLUSION AFFIDAVIT TO BE EXECUTED BY BIDDER AND SUBMITTED WITH BID STATE OF CALIFORNIA) ) SS COUNTY OF RIVERSIDE) Cynthi�_ Stine , being first duly swom, deposes and says that he/she is President of J.D. Stine Constructors 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 swom to, before me this / T� day of am/ 20LY, By: • Signature Title: Pres i dent Contractor J.D. Stine Constructors, Inc. Attest By: c 4JA(. (, ` t7 Notary Public in and for said Cou and State Title: H.-/A ;) ;;�,y� . BRENDA A. MOWER Comm. # 1420683 > NOTARY PUBLIC - CALIFORNIA D San Bernardino County My Comm. 67 a May 27, 2007 E-1 BIDDER'S BOND TO ACCOMPANY PROPOSAL KNOW ALL MEN BY THESE PRESENTS, That Wei J.D. STINE CONSTRUCTORS, INC. 8S principal, and THE EXPLORER INSURANCE COMPANY as surety, are held and firmly bound unto the City of Palm Desert in the sum of $ 10% OF SID AMOUNT (1 Q% 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: The general items of work to be done hereunder consist of: construction survey staking; mobilization; clearing and grubbing; removal and disposal of curb, gutter, sidewalks, ac pavement, retaining walls, and grouted rock slope, rip rap, decorative rock. Unclassified excavation, rough. grading, precise grading and construction for sidewalk, retaining wall, curb and gutter, grouted rock slope, asphalt concrete pavement, sidewalk with slope lining connections, concrete deck extensions, curb ramps, etc, Wrought iron fencing, repair of disturbed irrigation and landscaping, final adjustment of utilities, interconnect conduit, signal communication pull boxes and controller cabinet installation, removal and relocation of existing signs, installation of striping, signs, pavement markings and pavement markers; and installation of traffic control devices required during construction of the improvements and all appurtenant work as required by the plans and specifications and dated MAY 19, 2004 is accepted by the City of Palm Desert, and if the above bounden principal J.D. STINE CONSTRUCTORS, 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 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 attorney's fees, shall be awarded to the prevailing party. F-1 IN WITNESS WHEREOF, We hereunto set our Hands and Seals this 19TH day of MAY , 20 04 Contractors name' J.D. STINE CONSTRUCTORS, INC. Surety's me: THE EXPLORER INSURANCE COMPANY By: tc‘N-GCL IA B. LEONARD. Address 10255 VISTA DEL CAPITIAN , SAN DIEGO CA 92108 Title: ATTORNEY -IN -FACT Telephone: C619) 261-7330 F-2 CALIFORNIA ALL-PURPOSE ACKNOWLEDGEMENT State of CALIFORNIA County of RIVERSIDE On MAY 1 9 2004 personally appeared before me, S.L. KYSETH, NOTARY PUBLIC Name and Title of Officer (e.g., "Jane Doe, Notary Public") JULIA B. LEONARD, ATTORNEY IN FACT • personally known to me -OR- [1 proved S. L KYSETH ComrntssIon # 1274C51 Notary Pubra — Caii,omia San Bernardino County My Comm. Emile Sep 12. 2034 Name(s) of Signer(s) 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. WITNESS m hand and offici-I seal. Signa if of Notary Public OPTIONAL Though the information below is not required by law, it may prove valuable to persons relying on the document and cou.'d prevent fraudulent removal and reattachment of this form to another document. Description of Attached Document Title or Type of Document: Document Date: Signer(s) Other Than Named Above: Capacity(ies) Claimed by Signer(s) Signer's Name: ❑ Individual ❑ Corporate Officer LJ Titles(s): ❑ Partner - ❑ Limited ❑ General ❑ Attorney -in -Fact ❑ Trustee • Guardian or Conservator • Other: Signer Is Representing: BD-1133 09/00 RIGHTTHUMBPRINT -';iOF SIGNER Top of Thumb here Number of Pages: Signer's Name: n Individual n Corporate Officer ❑ Title(s): LI Partner - ❑ Limited ❑ Attorney -in -Fact ❑ Trustee ❑ Guardian or Conservator ❑ Other: Signer Is Representing: ❑ General RIGHTTHUMBPRINT ^OF.SIGNER:" -- Top of Thumb here No. 0002916 ICW GROUP Power of Attorney Insurance Company of the West The Explorer Insurance Company Independence Casualty and Surety Company KNOW ALL MEN BY THESE PRESENTS: That Insurance Company of the West, a Corporation duly organized under the laws of the State of California. The Explorer Insurance Company, a Corporation duly organized under the laws of the State of Arizona, and Independence Casualty and Surety Company, a Corporation duly organized under the laws of the State ofTexas, (collectively referred to as the "Companies"), do hereby appoint KENNETH A. COAT'E, MARK N. CLADDING AND JULIA B. LEONARD their true and lawful Attomey(s)-in-Fact with authority to date. execute, sign, seal, and deliver on behalf of the Companies, fidelity and surety bonds, undertakings, and other similar contracts of suretyship, and any related documents. In witness whereof, the Companies have caused these presents to be executed by its duly authorized officers this 16th day of January, 2001. INSURANCE COMPANY OF THE WEST THE EXPLORER INSURANCE COMPANY INDEPENDENCE CASUALTY AND SURETY COMPANY ilV A� John H. Craig, Assistant Secretary John L. Hannum, Executive Vice President State of Califomia SS. County of San Diego On December 5, 2003, before me, Mary Cobb, Notary Public, personally appeared John L. Hannum and John H. Craig, personally known to me 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 persons acted. executed the instrument. Witness my hand and official seal. a MARY COBB 1 COMM. #1321341 U s= NOTARY PUBLIC-CALIFORNIA Uj �+� �• SAN DIEGO COUNTY Li My Commission Expires SEPTEMBER 20. 2005 RESOLUTIONS Mary Cobb, Notary Public This Power of Attorney is granted and is signed, sealed and notarized with facsimile signatures and seals under authority of the following resolutions adopted by the respective Boards of Directors of each of the Companies: "RESOLVED: That the President, an Executive or Senior Vice President of the Company, together with the Secretary or any Assistant Secretary, are hereby authorized to execute Powers of Attorney appointing the person(s) named as Attomey(s)-in-Fact to date, execute. sien, seal, and deliver on behalf of the Company, fidelity and surety bonds, undertakings, and other similar contracts of suretyship, and any related documents. RESOLVED FURTHER: That the signatures of the officers making the appointment, and the signature of any officer certifying the validity and current status of the appointment, may be facsimile representations of those signatures; and the signature and seal of any notary, and the seal of the Company, may be facsimile representations of those signatures and seals, and such facsimile representations shall have the same force and effect as if manually affixed. The facsimile representations referred to herein may be affixed by stamping, printing, typing. or photocopying." CERTIFICATE I, the undersigned, Assistant Secretary of Insurance Company of the West, The Explorer Insurance Company, and Independence Casualty and Surety Company, do hereby certify that the foregoing Power of Attomey is in hull force and effect, and has not been revoked. and that the above resolutions were duly adopted by the respective Boards of Directors of the Companies. and are now in full force. IN WITNESS WHEREOF, I have set my hand this 19TH day of MAY 2004 John H. Craig, Assistant Secretary To verify the authenticity of this Power of Attorney you may call I-800-8✓ i-111 1 and ask fot the Surety Division. Please refer to the Power of Attorney Number, the above named individuals) and details of the bond to which the power is attached. For information or filing claims, please contact Surety Claims. ICW Group, 11455 El Camino Real, San Diego, CA 92130-2045 or call (858) 350-2400. J.D. STINE CONSTRUCTORS, INC. 4459 GENEVIEVE LANE SAN BERNARDINO, CA. 92407 909-886-1527 LICENSE NO. 716154-A Projects completed: Town of Yucca Valley 58928 Business Center Drive Yucca Valley, Ca. 92284 David Burkett, 760-369-6575 Morongo Unified School District 5715 Utah TraiUP.O. Box 1209 Twentynine Palms, Ca. 92277 Joe Sullivan, 760-367-9191 City of Riverside 3900 Main Street Riverside, Ca. 92522 Contact: Stephen Kim/Dick Clelland 909-826-5561 Phone, 909-826-5878 Fax California State University, San Bernardino 550 University Parkway San Bernardino, Ca. 92407 Contact: Al Salgado 909-880-7768 Phone, 909-880-7767 Fax Hemet Unified School District Subcontractor to MGF Construction 1372 W. 26th Street San Bernardino, Ca. 92405 Contact: Neil Reilly 909-882-6840 San Bernardino County Department of Architecture 385 N. Arrowhead Avenue San Bernardino, Ca. 92415 Contact: Paul Garcia 909-387-3096 Phone, 909-387-5050 Fax Rancho Capistrano Development P.O. Box 980 Hi -Desert Park Improvements Project #89-24 Contract amount: $375,497.00 Site Work for Independent Strategies Facilities Project #1-49-42 Contract amount: $377,392.86 Canyon Springs Assessment District, Storm Drain Phase III Project #5948 Contract amount: $232,935.00 Construct New Soccer Field Project #SBCMP0000004528 Contract amount: $120,300.00 Jacob Wiens Elementary School Contract amount: $283,576.00 & Engineering Yucaipa Regional Park Soccer Complex Project #00870 Contract Amount: $189,500.00 Palm Desert Collection La Quinta, Ca. 92253 Channel Improvements 760-341-7166 Contract amount: $198,000.00 Projects completed as J.D. Stine General Engineering Contractor: (Sole Proprietor) Riverside County Flood Control Arlington Channel Contract amount: $1,355,800.00 Completed: 1996 Coachella Valley Water District Varner Road Sanitary Sewer Contract amount: $1,382,750.00 Completed: 1995 City of Hesperia "I" Street Improvements (Reinforced Concrete Box/Concrete Slope Protection) Contract amount: $865,000.00 Completed: 1995 City of Rialto Sanitary Sewer Contract amount: $58,000.00 Completed: 1994 San Bernardino County Flood Control Rialto Channel Contract amount: $1,363,610.00 Completed: 1994 Coachella Valley Water District Drop Structure Contract amount: $95,000.00 Completed: 1994 Coachella Valley Water District Concrete Slope Paving -Channel Improvements Contract amount: $2,226,850.00 Completed: 1994 Sun City (Grading, RCB, & paving) Contract amount: $353,273.00 Completed: 1991 California Department of Transportation Waterman Canyon & State Hgwy. 18 Contract amount: $155,467.00 Completed: 1990 California Department of Transportation Drainage & Structures, Indio Contract amount: $212,511.00 U.S. Department of the Navy Maintenance contract, Twentynine Palms Contract amount: $150,000.00 Completed: 1990 City of San Bernardino University Avenue Storm Drain Contract amount: $285,000.00 Completed: 1989 U.S. Department of the Navy Modify Sewage System, Twentynine Palms Contract amount: $65,000.00 Completed: 1989 U.S. Department of the Navy Install Telephone Duct Contract amount: $144,782.00 Completed: 1989 U.S. Department of the Navy Grading & Paving Contract amount: $29,000.00 Completed: 1988 City of Coachella Storm Drain & Street Improvements Contract amount: $600,000.00 Completed: 1988 U.S. Department of the Navy Sewage Lift Station Contract amount: $520,000.00