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HomeMy WebLinkAboutC24480 Calle De Los Campesinos 608-04CITY OF PALM DESERT PUBLIC WORKS DEPARTMENT STAFF REPORT REQUEST: Award Contract No.C24480 to D & L Wheeler Enterprises of Yucaipa, California for Construction of Calle de los Campesinos (Project No. 608-04) SUBMITTED BY: Mark Greenwood, P.E., Director of Public Works APPLICANT: D & L Wheeler Enterprises 32389 Dunlap Boulevard Yucaipa, California 92399 DATE: April 13, 2006 CONTENTS: Vicinity Map Contract Agreement Contractor's Proposal Recommendation: By minute motion: 1. Award Contract No.C24480, in the amount of $241,840.00, to D & L Wheeler Enterprises, of Yucaipa, California for Construction of Calle de los Campesinos (Project No. 608-04); 2. Approve a 10% contingency in the amount of $24,184.50; 3. Authorize the Mayor to execute the subject agreement; and 4. Transfer $150,000 in budget funds from account 400-4515-433-4001 to account 400-4379-433-4001. Discussion: At the December 9, 2004 Council meeting, Council authorized staff to request a grant of easement from the Coachella Valley Water District (CVWD) for the road known as Calle de los Campesinos. CVWD granted the easement, and the easement was recorded by Riverside County on February 22, 2005. The are two distinct sections of Calle de los Campesinos, with the dividing line at the Thrush Road intersection. North of Thrush Road, the road is to receive a soil stabilization treatment. South of Thrush Road, the road will be paved with five inches of asphalt in accordance with the latest General Plan update. Award Contract C24480 to D & L Wheeler Enterprises April 13, 2006 Page 2 of 3 The residents of the hillside communities within Palm Desert use Calle de los Campesinos as the sole exit from the hillside community into town. The majority of the residents living in the vicinity of the road requested that Calle de los Campesinos be paved to reduce dust control issues and provide a smoother ride. Interest was expressed in using colored asphalt because the road is categorized as a rural road. In the bidding process, the colored asphalt component was separated out as an alternative bid to get an idea of how much the coloring process increases the cost. The project was duly advertised and contractors were encouraged to submit bids. However, at the March 28,2006 bid opening, only one contractor had submitted a bid. The breakdown is below: Alternative 1 Plain black asphalt Alternative 2 Colored asphalt $ 241, 840.00 $1, 593, 530.00 Staff spoke to the contractor about the high price for the colored asphalt. It is reported that asphalt plants are so busy that they won't stop production of regular asphalt to make a relatively small batch of colored asphalt because they would then have to clean the plant to remove any color residue for future batches of regular asphalt. The high bid price for Alternative 2 includes the price of a portable asphalt plant. Because there are other options for making the road more aesthetically pleasing, staff recommends pursuing Alternative 1, and seeking out postproduction treatments for the asphalt. If Council approves the project, the following represents how the project is expected to proceed: City Council Contract Award April 13, 2006 Construction Period (60 Calendar Days) May 2006 through July 2006 Project Acceptance August 2006 Funding is partially available for this project in account 400-4379-433-4001. The additional funding required can be transferred from another project (account 400-4515- 433-4001) that was completed well below budget. W lAgenda Items12006-Apr 131Aoard contract Calle de las Campesinos 608-041Aoard contract Calle de los Campesinos 608-04 doc Award Contract C24480 to D & L Wheeler Enterprises April 13, 2006 Page3of3 Therefore, staff recommends that City Council award Contract No. C24480 in the amount of $241,840.00 (plus a 10% contingency) to D & L Wheeler Enterprises for construction of Calle de los Campesinos (Project No. 608-04). Submitted By: Department Head: Ryan Gayler Mark Greenwood, P.E. Project Administrator Director of Public Works Approval: Homer Croy Paul Gibson ACM for Development Services Director of Finance Carlos L. Ortega City Manager /rg/dhl W lAgenda Items12006-Apr 131Aoard contract Calle de las Campesinos 608-041Aoard contract Calle de los Campesinos 608-04 doc Calle de los Campesinos Exhibit / Vicinity Map North of Thrush, the sealed section is approximately 1,100 feet long and 28 feet wide. The soil shall be scarified to a depth of six inches according to the specifications. At the north end, the road will have a cul-de-sac to allow large trucks to turn around. Between Thrush Road and South Cliff Road the pavement section will be five inches of asphalt concrete on compacted native soil. The pavement width will be 24 feet (wide with graded and compacted shoulders where directed by the Engineer. South of South Cliff Road to the CVWD pump station the pavement section will be a minimum of 20 feet, widening to 24 feet where room is available, as directed by the Engineer. The pavement section will be five inches of asphalt concrete on compacted native soil. Agreement THIS AGREEMENT is made and entered into this 13th day of April, 2006, by and between City of Palm Desert, California, hereafter called "Owner" and D & L Wheeler Enterprises hereinafter called "CONTRACTOR". WITNESSETH RECITALS: CONTRACTOR has submitted to Owner its CONTRACTOR's Proposal for the construction of Owner Project, 1. Calle de los Campesinos Resurfacing Improvements, PROJECT NO. 608-04, CONTRACT NO. C24480, in strict accordance with the Contract Documents identified below, 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: 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 Specifications; (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. CONTRACTOR shall commence the work within ten calendar days after the date of the Notice to Proceed and will do all things necessary to construct the work generally described in Recital No. 1 in accordance with the Contract Documents and will complete said work within thirty (30) calendar days from the Notice to Proceed date to the satisfaction of the Engineer. 3. CONTRACTOR agrees to indemnify, defend and save Owner and its officers, agents and employees, and the Engineer harmless from: Page G-1 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, a. 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 - Claims, Liability, and Indemnity Agreement/Hold Harmless sections, which specifications are made part of this Agreement as set forth in Agreement paragraph 1, above. Attention is directed to Section 6-9, "Liquidated Damages" of the Standard Specifications and is hereby amended to substitute the "City of Palm Desert" in place of "Agency." Liquidated damages shall be $1,000 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 Owner 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 Proposal as accepted by Owner, subject to such additions and deductions as may be made pursuant to the Contact Documents and applicable law. Satisfactory Performance The prime CONTRACTOR agrees to pay each SubCONTRACTOR under this prime contract for satisfactory performance of its contract no later than 10 days from the receipt of each payment the prime CONTRACTOR receives from City of Palm Desert. Any delay or postponement of payment from the above referenced time frame may occur only for good cause following written approval of the City of Palm Desert. Page G-2 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 G-3 CONTRACTOR: BY: ATTEST BY: Signature to be notarized TITLE: TITLE: OWNER: BY: ATTEST BY: Signature to be notarized TITLE: Mayor of Palm Desert, CA TITLE: City Clerk of Palm Desert, CA APPROVED AS TO CONTENT: APPROVED AS TO FORM: MARK GREENWOOD, P.E. DAVID J. ERWIN DIRECTOR OF PUBLIC WORKS CITY ATTORNEY Page G-4 Performance Bond KNOW ALL MEN BY THESE PRESENTS: That whereas the City of Palm Desert has awarded to D & L Wheeler Enterprises hereinafter designated as the "Principal", a contract for: Calle de los Campesinos Resurfacing Improvements PROJECT NO. 608-04 CONTRACT NO. C24480 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, D & L Wheeler Enterprises 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 Two hundred forty-one thousand eight hundred forty and no cents Dollars ($ 241,840.00), 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. Page H-1 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 BY: INSURANCE COMPANY and/or AGENT ADDRESS D & L Wheeler Enterprises PRINCIPAL BY: TELEPHONE NUMBER Page H-2 Payment Bond KNOW ALL MEN BY THESE PRESENTS: THAT WHEREAS, the City of Palm Desert (sometimes referred to hereinafter as "Obligee") has awarded to D & L Wheeler Enterprises (hereinafter designated as the "CONTRACTOR"), an agreement dated April 13, 2006 described as follows: Calle de los Campesinos Resurfacing Improvements, PROJECT NO. 608-04, CONTRACT NO. C24480, (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, D & L Wheeler Enterprises , 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 Two hundred forty-one thousand eight hundred forty and no cents Dollars ($241,840.00), 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 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. Page 1-3 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: D & L Wheeler Enterprises (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) Page 1-4 CONTRACTOR's Proposal Calle de los Campesinos Resurfacing Improvements Project No. 608-04 Contract No. C24480 TO: CITY OF PALM DESERT, "Owner" DATE: 1/Ci r CA A 3) ADO C BIDDER: hAek thi 1).P-nipr?ri s "CONTRACTOR" The UNDERSIGNED, "CONTRACTOR", having carefully examined the site and the Contract Documents for the construction of, Calle de los Campesinos Resurfacing Improvements, Project No. 608-04, Contract No. C24480, hereby proposes to construct the work in accordance with the Contract Documents, including Addenda No(lo. 00 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 of OWNER. 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 oFcausefto 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. It is understood that the quantities shown hereon, except for those quantities marked "Lump SumTM, 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. iTFM C,. {ice_ i _ .. 1' 1 ITEM 1 E.SGF-OPJ'ION UNITS •L- - 1 _ l-- . .A .:....:.1,-. - _ „�--.`: C?UANT1TY Jr.,. i-_-I UNIT COSI .� .11 ..— - $4 g00 -CO $ bf, 050 M. — TOTAL _ . .:1=_=. /LY, r} $_i,b'00 . on $ Ili 050 -MO Mobilization LS 1 2 Clearing and Grubbing LS 1 3 Traffic Control LS 1 $ 4 boo.fX, $ 1.1 A56,E4 $ to $ 'i ('?, op 4 Unclassified Excavation (F) LS 1 5 Grading and Compaction LS 1 $5pp p,00 $ (� g Special Services LS 1 $25,000.00 $25,000 7 Concrete "A" Curb per PD std 103 • LF 30 4 g0. S 00 8 Asphalt Concrete Base Course (3.5" thick, 'A" Maximum, Medium) SF 59,000 $ i$ i "`50 'LIM. 98, 5W .00 g Irrigation Sleeving EA 7 ' $A1 jap.( c) $ a l p() Lr5_07 10 Remove and relocate cluster mail box unit EA 2 $ �,DOo.(�iJ $ O o4- 00 11 Adjust Water Valve Cover to Grade EA 14 $ icon op $ � oat 12 Soil Scarification and Stabilization SF 33,000 $ 0 i 85 )qpn. $» & 0.0 • no Base Bid Sub -total $ 1G1- .0S0. 00 ALTERNATE BID 1 13 Asphalt Concrete Finish Course (1.5" thick, %" Maximum, Medium) SF 59,000 __ $ %,?90 • i� ALTERNATE BID 2 13 Colored Asphalt Concrete Finish Course _ (1.5'thick, '/" Maximum, Medium) SF T 59,000 $ 9Z �•7ai $ 1)3ciq)1110 TOTAL BiD PRICE: BASE PLUS. ALTERNATE 1 TOTAL BID PRICE: BASE PLUS ALTERNATE 2 $1,5 93.0630 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. r( Page C-2 TOTAL BASE BID PLUS ALTERNATE 1 IN FIGURES $ c Lf ) I ?LW U . OD TOTAL BASE BID PLUS ALTERNATE 1 IN WORDS 'TWOCoo (�3+V Q rn.t g,� s� f `,g h� 4-h4, ib rr g. %c7 G t It'N�S TOTAL BASE BID PLUS ALTERNATE 2 IN FIGURES $ 11 6-9 3� S3 0 . TOTAL BASE BID PLUS ALTERNATE 2 IN WORDS f Pnre fY) , 1 if avv #--14rare� porh r-e:r -fha>cs-n-rv� 1 we lAin/ c e� -Al • rr7 /1(-2.s IN WITNESS WHEREOF CONTRACTOR executed this,poposal as of date set forth on Page C-1: By: Signature Title: ?2LS/ t i CONTRACTOR Attest by: Notary Public in and for said County and State Title: Page C-3 CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT �}� yr�r1-1- 3- y c�"�-�2r� erg -C:-. ��-l��✓.��=�?� �rt1y�-c?'r����r��������, State of County of CALIFORNIA SAN BERNARDINO OnAlt r 2Dale ($ 2rb} c b� t'3 ec1e'`-- personally appeared before me, BARBARA E MILLER -NOTARY PUBLIC Name and Title of Officer e g., 'Jane Doe, Notary Public") Namefs) of Signels) 1 1 personally known to me - OR -,droved to me on the basis of satisfactory evidence to be the person whose name is'are subscribed to the within instrument and acknowledged to me that Ie he/they executed the same in is'her/their authorized capacity( and that by is er/their signature(.si-on the instrument the person(Aj, �����QgBA�E Map or the entity upon behalf of which the person('acted, COIN. #1503085 M executed the instrument. ► TAp�rUetJC N CO y�- WITNESS my hand and official seal. ;nature. of Notary Public OPTIONAL Though the information below is not required by taw, it may prove valuablo 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: Document Date: Number of Pages: Signer(s) Other Than Named Above: Capacity(ies) Claimed by Signer(s) Signer's Name: n 0 0 Ll O Individual Corporate Officer Title(s): Partner — O Limited LI General Attorney -in -Fact Trustee Guardian or Conservator Other: Signer Is Representing: RIGHT THUMBPRINT OF SIGNER Signer's Name: El Individual L Corporate Officer Title(s): 1-; Partner — L Limited 1I General L Attorney -in -Fact L Trustee E Guardian or Conservator (- Other: Signer Is Representing: RIGHT THUMBPRINT OF SIGNER Top of thumb he,e 0 1994 National Notaryy Association • 8236 Remmef Ave., P.U. Box 7184 • Canoga Park, CA 91309-7184 Prod. No. 5907 Reorder: Call Tell -Free 1-800 976-682' Information Required of Bidder The bidder is required to supply the following information. Additional sheets may be attached if necessary. `l (1) Address 3a32q DIAit\Ct9 IVQ 1UC,(Q o CA gaSgq (2) Telephone No. CICCI I LI 4 (- Oa O (3) Type of Firm (Individual, Partnership or Corporation) LOOP fora1tn. v1 (4) Corporation organized under the laws of the State of CAI rOo r n (5) CONTRACTOR's License No. z 1r', i 42 Exp. Date Oct Ipin 4, CONTRACTOR hereby swears under penalty of perjury that this information provided is true and ct. nn By: W Title: r,2S Signature CONTRACTOR (6) List the names and addresses of all owners of the firm or names and titles of all officers of the corporation: a)na0 L0h0 QQr1Pr€es 141niOa 1 } r I pSQr 5(oR r I.P, i f)4, 3257;der r l UDa j Yucaliock C' aqci �uCA IOa ) C'A qGq (7) Number of years' experience as a CONTRACTOR in construction work 16- jrs (8) List at least three similar projects completed recently: I Contract Amount Class of Work Date Completed Name, Address & Telephone No. Owner 1. Motokoi,NGw�2 6OO.© •00 e -1a a`I i Oe (oaf C 36Nrii, }.� .`Sand rr1ia+M WWI-c,007 2. WWouni�ai' VIeu) 680 000 • 0 0 0---,a, sicq, Sam4 cis abo✓.� 3. Ayon dCa � VA ,350,00©• ©c C`la �joJ� Ogg 4c a� +SfA � � agiao Drser� oon fir, woo I sa� 4260 A43-04 33 Page D-1 (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: License Number: o S CO , Address: IA \ik tA.S.Pki 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 theNna(ne of the person who inspected the site of the proposed wok for your firm 'I'Q44'r li)\1.QQ ,\'2r (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. Page D-2 DILL r a ?y. ER ENTERPR- DOA: Dila PAVINa 32389 Dunlap Blvd. Yucaipa C.A 92399 Caanact r LicenceNo. 812943 C12 eaas a Ciditiornia ONTRF4CTORS Sl'ATh UC BOARD *C'iW UCEt 812943 CORP CdRL��� �R ENTERPRISES Fed ID # 74-3029981 State ID # 431-2056-7 Cont. Lie. # 812943 Exp. 9/30/O6 r.�. Th ,. 9y09/446 fV1,O�f0f0p Fax: 09/446-0808 CITY OF PALM DESERT CALIFORNIA ADDENDUM NO. 1 Calle de los Campesinos PROJECT NO. 608-04 CONTRACT NO. C24480 ISSUED March 21, 2006 MARK GREENWOO DIRECTOR OF PUBLIC WORKS IMPORTANT NOTE: RECEIPT OF THIS ADDENDUM MUST BE ACKNOWLEDGED IN CONTRACTOR'S PROPOSAL This addendum changes the following items for the project bid documents for the above referenced project: The following is response to Written Questions as provided for in the Notice Inviting Bid and in the specifications on page A-1. 1. What color is being specified for the colored asphalt? Answer: The color shall be Autumn. Also, at least a portion of the aggregate used in the asphalt (the largest rock available up to inch) shall be a similar hue to the Asphacolor Hotmix chosen (Autumn), as recommended in the Asphacolor Hot Mix Technical Instructions and Specifications 2. Are the palm logs to be relocated or entirely removed? Answer: The palm logs are to be removed and legally disposed of. It is recommended that the logs be disposed of at a compost facility. 3. How is the relocation of the guardrail to be paid for? Answer: The relocation of the guardrail is to be paid for as part of Clearing and Grubbing. 4. How will the City determine the lowest responsible bidder? Answer. The City, at its sole discretion, shall choose the lowest of either the base bid plus altemate 1, or the base bid plus alternate 2. 5. Where will the contractor get water for the construction site? As per the specification, the Contractor shall request a construction meter from CVWD. If the construction meter is unattainable, or not available in a timely fashion, the Contractor may use water from a City owned meter. 6. Is weed killer required? Answer. Weed killer is not required. (r 'UDDER'S BOND To Accompany Proposal KNOW ALL MEN BY THESE PRESENTS, -that we, D & L Wheeler Enterprises Corporation as principal, and Indemn1ty Company of California as surety, are 'heid and firmly bound unto the City of Palm Desert in the sum of $Ten (lop * (1 O% 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. * Percent of the Total Amount Bid THE CONDITION OF THIS OBLIGATION iS SUCH, that if the certain proposal of the above bounden principal to perform certain wort described as follows: The general items of work to be done hereunder consist of: oonstruction survey staking; mobilization; clearing and grubbing; grading for roadway widening; application of a 5" thick asphalt concrete section; Installation of soil stabilization improvements subsequent to scarification to a depth of 6"; adjustment of water valve covers to grade; construction of "A" curb; construction of graded shoulders; installation of signs; and installation of traffic control devices required during construction of the Improvements and ail appurtenant work as required by the plans and specifications. and dated March 28th, 2006 is accepted by the City of Palm Desert, and If the above bounden principal D & L Wheeler Enterprises sCorporation, 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. Bond No. DLWHE-005 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 saki proceeding, Including attorneys fees, shall be awarded to the prevailing party. Page E-1 IN WITNESS WHEREOF, We hereunto set our Hands and Seals this 22nd day of March 20 06 CONTRACTORs Name: D & L Wheeler Enterprises Corporation CONTRACTOR'S Signature: t4 The: T PS i(Opn Address: 32389 Dunlap Blvd', Yucaipa, CA 92399 Telephone:,-,(909) 446-0800 Surety'8 Name: Indemnity Cpany of California Surety's Signature: Randy Sp hn Title: Attorney -In -Fact Address: 17780 Fitch Street, Irvine, CA • 926 4 Telephone: (818) 552-6125 Page F-2 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: "*"Randy Spohn, Terry Cox, Zara Spohn, jointly or severally*"* as their true and lawful Attomey(s)-in-Fact, to make. execute, dclivcr 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 to 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 Attomey(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 1, 2000: RESOLVED, that the Chairman of the Board, thc President and any Vicc President of the corporation be, and that each of them hereby is, authorized to execute Powers of Attorney, qualifying the attorncy(s) named in thc 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 thc 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 thc 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 prcscnts to be signed by their respective Executive Vicc President and attested by their respective Sccrctary this 1st day of February, 2005. By: By: David H. Rhodes, Exccutivc Vicc-President Walter A. Crowell, Sccrctary STATE OF CALIFORNIA COUNTY OF ORANGE } 1SS. PANYpc PPOq Cr OO �9,�0.� 2 OCT.5 1967 CClF00 On February 1, 2005, bcforc mc, Nita G. Hiffmcycr, 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 nan:cs arc subscribed to the within instrument and acknowledged to me that they executed the same in their authorized capacities, and that by their signatures on thc instrument thc entity upon behalf of which the persons acted, executed the instrument. Signature WITNESS my hand and official seal. 4e,kre- CERTWICATE NtTA (3. HIFFMEYER COMM. N 1543481 NOTARY PUBLIC CAUFORNIA I ORANGE COUNTY n _ _ T My carom. expires Jan.10, 2009 It The undersigned, as Executive Vicc-President, 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 thc Power of Attorney, arc in force as of the date of this Certificate. 2.2nd ,_...� March , 2006 t,US-Al,:,l. a,1.. ,a cnwuaL„ in un.._ny v? „vn,c, tau.t,unn, u'� u0 vi By David L. Kerrigan, Exccutivc Vice -President ID-1380 (Rev. 2/05) CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT State of CALIFORNIA County of ORANGE on 022 - XC4-. before me, Erika Guido, NOTARY PUBLIC r:ersonafy appeared CANDY SPOHN ® personally known to me -OR- ❑ proved to me on the basis of satisfactory evidence to be the perw:,(,) tis/uer/tb�ir whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in 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 my hand and official seal. WIIO( XlUiClo Signature of Notary Ifl[TKN Thou21). the data below is not required by law, it may prove valuable to persons retying on the document and could prevent fraudulent reattachment of this form. CAPACITY CLAIMED BY SIGNER ❑ INDIVIDUAL ❑ CORPORATE OFFICER ❑ PARTNER(S) ❑ LIMITED ® ATTORNEY -IN -FACT Li TRUSTEE(S) CI GUARDIAN/CONSERVATOR OTHER SIGNER IS REPRESENTING: ME OF PERSON(S) OR ENTITY(IES) DESCRIPTION OF ATTACHED DOCUMENT