HomeMy WebLinkAboutC25020A Portola Ave Median 630-06REQUEST:
CITY OF PALM DESERT
PUBLIC WORKS DEPARTMENT
STAFF REPORT
Award Contract No.C25020A to Landmark Site Contractors for
Construction of a median on Portola Avenue from Chicory Street to
Fairway Drive (Project No. 630-06)
SUBMITTED BY: Mark Greenwood, P.E., Director of Public Works
APPLICANT: Landmark Site Contractors
314 East Third Street
Perris, California 92570
DATE: June 8, 2006
CONTENTS: Vicinity Map
Contract Agreement
Contractor's Proposal
Recommendation:
By minute motion:
1. Award Contract No.C25020A, in the amount of $144,052.00, to
Landmark Site Contractors, of Perris, California for Construction of
the Portola Avenue median from Chicory Street to Fairway Drive
(Project No. 630-06) and authorize the Mayor to execute the subject
agreement; and
2. Approve a 10% contingency in the amount of $14,405.20.
Discussion:
As a component of the Washington Charter School renovation, a raised concrete
median island on Portola Avenue was planned. Desert Sands Unified School District
(DSUSD) requested that the City participate financially in the design and construction of
the median island. Due to the City's stringent standards and the premium we place on
quality landscaping, staff agreed that the City would be the lead agency for the design
and construction of the median, with DSUSD reimbursing a proportionate amount. At
the December 8th 2005 meeting, Council approved a reimbursement agreement to that
effect with DSUSD for the design and construction of the median.
Award Contract C25020A to Landmark Site Contractors
June 8, 2006
Page 2 of 2
The City advertised the project and publicly opened bids May 23, 2006. The results of
the bids are as follows:
Landmark Site Contractors, Perris
Contreras Construction Company, Indio
$144.052.00
$224,225.00
Upon award of the contract, the following is the schedule for project completion:
City Council Contract Award
Construction Period (30 Calendar Days)
I Project Acceptance
June 8, 2006
July 2006 through August 2006
September 2006
The City's goal is to have the median island constructed before school begins in the fall.
The landscape portion is currently under design and will be installed by a separate
contractor at a later date.
Funding is available for this project in account 400-4614-433-4001. Therefore, staff
recommends that City Council award Contract No. C25020A in the amount of
$144,052.00 (plus a 10% contingency) to Landmark Site Contractors for construction of
the Portola Avenue median from Chicory Street to Fairway Drive (Project No. 630-06).
Submitted By: ? Department Head:
Ry6 Gay
P(r�ject Adri'�iistrator
Approval:
omer Croy
ACM for Development Services
Carlos L. Orte
City Manager
Mark Greehwood, P.E.
Director of Public Works
Paul Gibson
Director Finance
CITY COUNCIL CTION:
APPROVED DENIED
RECEIVED OTHER
MEETI G DATE /e s'-O
AYES: NOES: ��! i 16S, lepl 5� � '7(iC� t
ABSENT:
ABSTAIN:.
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Original on F le w 1 ity Clerk's Office',
CONTRACT C25020A
Agreement
THIS AGREEMENT is made and entered into this 8t' day of June, 2006, by and
between City of Palm Desert, California, hereafter called "Owner" and Landmark Site
Contractors hereinafter called "CONTRACTOR".
WITNESSETH
RECITALS:
CONTRACTOR has submitted to Owner its CONTRACTOR'S Proposal for the
construction of Owner Project,
Portola Avenue Median between Chicory Street and Fairway Drive,
PROJECT NO. 630-06, CONTRACT NO. C25020A, 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:
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 Specifications; (i) The Special
Provisions; 0) The Standard Specifications as modified in other portions of the
Contract Documents; (k) The Plans; (1) 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 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
CONTRACT C25020A
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 $1,000.00 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
CONTRACT C25020A
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
CONTRACT C25020A
CONTRACTOR:
BY:
Signature to be notarized
TITLE:
OWNER:
BY:
Signature to be notarized
TITLE: Mavor of Palm Desert, CA
APPROVED AS TO CONTENT:
MARK GREENWOOD, P.E.
DIRECTOR OF PUBLIC WORKS
ATTEST BY:
TITLE:
ATTEST BY:
TITLE: Citv Clerk of Palm Desert, CA
APPROVED AS TO FORM:
DAVID J. ERWIN
CITY ATTORNEY
Page G-4
CONTRACT C25020A
Performance Bond
KNOW ALL MEN BY THESE PRESENTS: That whereas the City of Palm Desert has
awarded to Landmark Site Contractors hereinafter designated as the
"Principal", a contract for:
Portola Avenue Median between Chicory Street and Fairway Drive
PROJECT NO. 630-06
CONTRACT NO. C25020A
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, Landmark Site Contractors 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 One hundred fortv-four thousand fiftv-two and no cents Dollars
($ 144,052.00), 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
CONTRACT C25020A
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
INSURANCE COMPANY and/or AGENT
ADDRESS
TELEPHONE NUMBER
PRINCIPAL
Page H-2
CONTRACT C25020A
Payment Bond
KNOW ALL MEN BY THESE PRESENTS:
THAT WHEREAS, the City of Palm Desert (sometimes referred to hereinafter as
"Obligee") has awarded to Landmark Site Contractors (hereinafter designated as the
"CONTRACTOR"), an agreement dated June 8, 2006 described as follows: Portola
Avenue Median between Chicory Street and Fairway Drive, PROJECT NO. 630-06,
CONTRACT NO. C25020A (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, Landmark Site Contractors 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 One hundred forty-four thousand fiftv-two and no
cents Dollars ($144,052.00), 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
CONTRACT C25020A
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
PRINCIPAUCONTRACTOR:
(Typed Name of CONTRACTOR)
By:
(Signature)
(Typed Name and Title)
The rate of premium on this bond is $
The total amount of premium charged: $
(the above must be filled in by corporate surety).
SURETY:
(Typed Name of Surety)
(Signature of Attorney -in -Fact)
(Typed Name of Attomey-in-Fact)
per thousand.
IMPORTANT: Surety companies executing bonds must possess a certificate of
authority from the California Insurance Commissioner authorizing them to write surety
insurance defined in Section 105 of the California Insurance Code, and if the work or
project is financed, in whole or in part, with federal, grant or loan funds, it must also
appear on the Treasury Department's most current list (Circular 570 as amended).
THIS IS A REQUIRED FORM.
Any claims under this bond may be addressed to:
(Name, Address and Telephone No. of Surety)
(Name, Address and Telephone No. of agent or representative for service of process in California if different from above)
Page 1-4
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Contractor's Proposal
Portola Avenue Median between Chicory Street and Fairway Drive
Project No. 630-06
Contract No. C25020A
TO: CITY OF PALM DESERT, "Owner"
DATE: 2.� 2oc�cd
BIDDER: 1_.���M.��� Sty (���-jA-c.��zg "CONTRACTOR"
The UNDERSIGNED, "CONTRACTOR", having carefully examined the site and the
Contract Documents for the construction of, Portola Avenue Median between Chicory
Street and Fairway Drive, Project No. 630-06, Contract No. C25020A, hereby
proposes to construct the work in accordance with the Contract Documents, including
Addenda No(s). 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 ail 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 or cause to
be done the work involved, lease and rental costs, additional salaries and overhead,
increased interest and costs of funding the project attorney expense, additional
engineering and architectural expense and cost of maintaining or construction
alternate facilities occasioned by the failure to execute and deliver said documents.
Page C-1
It is understood that the quantities shown hereon, except for those quantities marked
"Lump Sum", are but estimates and the final payment will be based upon the actual
work performed, subject to such adjustment and alterations as elsewhere provided
herein.
1
Mobilization
2
Traffic Control
3
Clearing and Grubbing
4
Construction Survey and Staking
s
Sawcut Asphalt Pavement
6
Remove Base and Surfacing
7
Remove Sidewalk, Curb ramp, and Gutter
8
Unclassified Excavation (F)
9
Concrete Curb and Gutter (Type 1)
10
Concrete Median Curb (Type II)
11
Concrete Sidewalk
12
Adjust Manhole Frame and Cover to Grade
13
4" PVC Irrigation Sleeve (Schedule 40)
14
Special Services
is
Signing, Striping, and Pavement Markers
TOTAL BID PRICE
Page G2
LS
LS
LS
LF
SF
SF
LS
LF
LF
SF
EA
LS
LS
LS
1
1
1
1,680
9,700
100
1
20
1,680
30
1
1
1
1 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 rpiated Pay Item(s), and no
additional compensation shall be due CONTRACTOR by virtue of CONTRACTOR'S
compliance with the Plans and Specifications. A
TOTAL AMOUNT BASE BID IN FIGURES $ ��{{`C�T (�SZ ► ,f
TOTAL AMOUNT BASE BID IN WORDS
1 �Dt3�'iJb �tr—V-1 'rWD Do t-i,�S
IN WITNESS WHEREOF CONTRACT R ecuted this proposal as of date set forth on
Page C-1: ,/
By:
// \4i
Signature
Title: 1l,.i �.� V:s . F—'kS1rV - w'
CONTRACTOR
Attest by:11- fVMd i (1�1'-6,1(6'z
No ubllfrp in and for said County and State
Title; ,
!T
KRONE BERTUCO
Commission # 1463469
Notary Public - California
Riverside County, (
jalmyConmExphnoec25,2007P
Page C-3
Information Required of Bidder
The bidder is required to supply the following information. Additional sheets may
be attached if necessary.
(1) Address '?--14 '� • �' s' t" � . L'!� 92S-1cD
(2) Telephone No. 'tZr1 - c:\ 4o - Aa ►` 9
(3) Type of Firm (Individual, Partnership or Corporation)
(4) Corporation organized under the laws of the State of (I AL.�tA
(5) Contractor's License No.--I'M Exp.' Date
Contractor hereby swears under penalty of perjury that this information provided
is true and corr ct. , t
By: `M Title: VtcES�DE ��
Signature Contractor
(6) List the names and addresses of all owners of the firm or names and titles of all
officers of the corporation:
W%L-1-%AtA tom. - ems. -�c-A-
�
(7) Number of years' experience as a Contractor in construction work 1 tO
(8) List at least three similar projects completed recently:
Contract Amount Class of Work Date Completed Name, Address &
Telephone No. of Owner
1.
2.
3.
Page D-1
LODMW
SUE CONTRACTORS
General Engineering Contractor
License# 729500 - A
QUALIFICATIONS & EXPERIENCE
1. Owner' s Name:
City of Corona - Parks & Rec. Recent / Similar
Contact Person:
Mr. Lee Stryffler
Address of Owner:
921 S. Belle Ave - Corona - CA
Telephone Number:
(951) 279-3755
Project Title:
Buena Vista Park
Project Description:
Curb & Gutter, Sidewalk, Cross Gutters, Storm Drain, Sewer & Water
Completed:
May, 2005
Project Cost:
$ 1,260,000.00
2. Owner' s Name:
City of La Quinta - Redevelopment Recent / Similar
Contact Person:
Mr. John Przybyszewski (" John P." )
Address of Owner:
C/O Heinbuch Golf. - Canyon Lake, CA - Construction Manager
Telephone Number:
(951) 244-2475
Project Title:
Silver Rock Resort - Maintenance Facility & Clubhouse
Project Description:
Masonry, Wet Utilities, Site Concrete, Paving & Mass Grading
Completed:
June, 2005
Project Cost:
$ 2,200,000.00
3. Owner' s Name:
Riverside County EDA Recent / Similar
Contact Person:
Natalia Mory
Address of Owner:
P.O. Box 1180 - Riverside - CA
Telephone Number:
(951) 955-6046
Project Title:
La Ladera Park - Menifee,CA
Project Description:
Site Concrete, Wet Utilities, Paving, Grading & Masonry
Completed:
November, 2005
Project Cost:
$ 1,400,000.00
4. Owner' s Name:
Chandler' s Recent / Similar
Contact Person:
John Robertson
Address of Owner:
26311 Palos Verdes Drive East - Roiling Hills Estates - CA
Telephone Number:
(310) 784-2910
Project Title:
Goetz Rd. Reconstruction & Perimeter Wall
Project Description:
Site Concrete, Wet'Utilities, Paving, Grading, Masonry & Eletrical
Completed:
March, 2006
Project Cost:
$ 621,825.00
314 E. 3RD ST. - PERRIS, CA 92570 - PHONE (951) 940-4899 - FAX (951) 940-4896
(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: 1
Subcontractor's Name:
License Number: --7 SZ..•'3,(p-1
Address: 145D ► ��L�f✓�-� �i� . t la'1-�i �' qZ-5-7(v
Telephone: 909
-- 6�9--7,q3 -->,
Work to be performed:�-ViR'-`\,PLt-A V,
Subcontractor's Name: t-� FL, C109'.P-Al ,,A
License Number:
Address:
Telephone: 19!5 t
Work to be performed: �r�[ '1 +� �l tJ L-► .
I
Subcontractor's Name:
License Number:
[ Address:
I .
Telephone:
iWork to be performed:
(10) List the name of the person who inspected the site of the proposed work for your
firm i1���-�� Cat 1? ti\\.,
(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
Non -Collusion Affidavit
To be Executed by Bidder and Submitted with Bid
STATE OF CALIFORNIA)
) SS
COUNTY OF RIVERSIDE)
V1j%k +uaPetU P-Ak-* \v-, ' , being first duly sworn, deposes and
says that he/she is \t\c of L4u>mkey._ s,Tr— 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 day of May , 20 O(�
By. 11�< ).---
Signature
Title:
CONTRACTOR
Attest By.
tyP,�l G tit
iblic in an for said ounty and State
k�
�....�.,e.,..� .�,;.,.�,. .
KRISTINE BERTUCO
Commission * 1453469 1
s Notoiy Aubltc - Colltomia
Riverslde County
Mb Camm. &Pkes Dec 25.20071
Page E-1
BIDDER'S BOND
To Accompany Proposal
KNOW ALL MEN BY THESE PRESENTS,
That we. LANDMARK SITE CONTRACTORS as principal,
and SAFECO INSURANCE COMPANY OF AMERICA as surety, are held and
firmly bound unto the City of Palm Desert in the sum of $ TEN PERCENT (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:
The general items of work to be done hereunder consist of: construction survey staking;
mobilization, clearing and grubbing; curb and gutter, median curb, crashed aggregate
base and asphalt concrete pavement; removal of asphalt concrete pavement and
aggregate base; adjustment of manhole frame and covers to grade; adjustment of water
valve covers to grade; 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 23, 2006 1 Is accepted by the City of Palm Desert.
and if the above bounden principal LANDMARK SITE CONTRACTORS 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.
Page F-1
IN WITNESS WHEREOF, We hereunto set our Hands and Seals this 22ND day
of MAY .20 06
Contraefdr's Name; LANDM RK SITE CORMACTORS
Cat?trarto�'s pSlgr�a�ure: -
Title: �l�cr, - 2-�-5 z
Addre3s: 314 EAST 3RD ST., PERRIS. CA 92570 '
Telephone: 961-943-8803
Surety's Name: , AFE90 INSURANCE C�O1 MPJAAA() OFF AMERICA
�7
Sure 's SI nature: Ial x� �a ! '
Tile: VALERIE M. PEARCE. ATTORNEY -It FACT
Address: 330 N. BRAND BLVD., #1000, GLENDALE, CA 91203
Telephone: 818-966.4250
Page F 2
CALIFORNIA ALL•PURPOSS A0KNOWLEDGMENT
State of California
res.
County of SAN D7Et�0
MAY 2 2 2006
On before me, AIIAREY RODRIGUEZ, NOTARY PUBLIC
D.a Raft •od TAN of Ofty (04,"wu oa, Homy PWWr
personally appeared VALERIE H. . PEARCE
�•� o{ ebn.rt•1
V personally known to me
C] proved to me on the basis of satisfactory
evidence
f�tli�7r?tYPR+1LsC•i:taI41
IF!lf�MA(J)
to be the person(i1 whose nameip) IsMb
subscribed to the within instrument and
acknowledged to me that &sheAlHg executed
the same In 2M/herAM authorized
capacity(ies), and that by Me/herMW
signaturelp) on the instrument the person(, or
the entity upon behalf of which the person(lo
acted, executed the instrument.
OwN N, I w W
OPTIONAL .
ThOLO Me idbmWffon Mar is not mgtdred by law, It may prove Wuabte to persons retying on.ft doatment and cautd prevent
ft'nudulent removal and roatta*wnt of this tam to anoMardownwf.
Description of Attached Document
11tle or Type of Document:
Document Date:
Signer(s) Other Than Named Above:
Capacitypes) Claimed by Signer
Signer's Name: '
a indiAdual
o Corporate Offloer--Wo(s):
❑ Partner— ❑Umited DGeneral
❑ Attorney4n-Fact
❑ Trustee
❑ Guardian or Conservator
❑ Other:
Signer is Representing:
Number of Pages:
6 M N%WW tbbiry A••od ka • M D• e0 0 Ave,P.O. Sat 0402 Prod. No. 6607 R•oM•a Od ToFfm I-U"704W7
S Q F E C O' OF POWER
SAFECO INSURANCE COMPANY OFAMERICA
GENERAL INSURANCE COMPANY OF AMERICA
HOME OFFICE: SAFECO PLAZA
SEATTL.E. WASHINGTON 98185
No. 4273
KNOW ALL BY THESE PRESENTS:
That SAFECO INSURANCE COMPANY OF AMERICA and GENERAL INSURANCE COMPANY OF AMERICA, each a Washington corporation, does each
hereby appoint
......... - T. WARNOCK, C RISTINE A. PATERSON, LAWRENCE F. MCMAHON; LETICIA SANMARTIN; JAMBS BALDASSARE, JR;
VALERIEMPEARCE: PENNY E.KELLEY;SeaDiego -------------------------------------- ---•-_................... .......,_.-.......... ...---.
its true and lawful attomey(sy in -fact, with full authority to execute on its behalf fidelity and surety bonds or underteldngs and other documents of a sirrrilar
character issued in the course of its business, and to bind the respective company thereby.
IN WITNESS WHEREOF, SAFECO INSURANCE COMPANY OF AMERICA and GENERAL. INSURANCE COMPANY OF AMERICA have each executed and
attested these presents
this 7th day of ) March 2005
t-L. P z-)AW%
CHms-nNE MEAD, SECRETARY MIKE MCGAVICK, PRESIDENT
CERTIFICATE
Extractfrom the By -Laws of SAFECO INSURANCE COMPANY OF AMERICA
and of GENERAL INSURANCE COMPANY OF AMERICA:
"Article V. Section 13. - FIDELITY AND SURETY BONDS ... the President, any Vice President, the Secretary, and any Assistant Vice President appointed for that
purpose by the officer in charge of surety operations, shall each have authority to appoint individuals as attorneys -in fact or under other appropriate titles with
authority to execute on behalf of the company fidelity and surety bonds and other documents of similar character issued by the company in the course of its
business... On any instrument malting or evidencing such appointment, the signatures may be affixed by facsimile. On any instrument conferring such authority
or on any bond or undertaking of the company, the seal, or a facsimile thereof, may be impressed or affixed or in any other manner reproduced; provided,
however, that the seal shall not be necessary to the validity of any such instrument or undertaking."
Extract from a Resolution of the Board of Directors of SAFECO INSURANCE COMPANY OF AMERI CA
and of GENERAL INSURANCE COMPANY OF AMERICA adopted July 28.1970.
"On any certificate executed by the Secretary or an assistant secretary of the Company setting out,
(i) The provisions of Arlide V. Section 13 of the By -Laws, and
(ii) A copy of the power-of-attomey appointment, executed pursuant thereto, and
(iii) Certifying that said power-of-attomey appointment is in full force and effect,
the signature of the certifying officer may be by facsimile, and the seat of the Company may be a facsimile thereof."
1, Christine Mead, Secretary of SAFECO INSURANCE COMPANY OF AMERICA and of GENERAL INSURANCE COMPANY OF AMERICA, do hereby certify
that the foregoing extracts of the By -Laws and of a Resolution of the Board of Directors of these corporations, and of a Power of Attorney issued pursuant thereto,
are true and correct, and that bath the By -Laws. the Resolution and the Power of Attorney are still in full force and effect.
IN WPMESS WHEREOF, I have hereunto set rry hand and affixed the facsimile seal of said corporation
this MAY 2 2 2006
CORPORATE'
SEAL
day of
90-� MF4N41
CHRISTINE MEAD, SECRETARY
"974roAEF 2101 ®A reglstered trademark of SAFECO Corporation
03/0712005 POF
tCALIFFORMEA ALL-PURPOSE ACKNOWLEDGMENT
State of California
County of Riverside
On NQ444� -, before me
Wit
personally appeared William D.
ss.
Kristine Bertuco _ -_Notary Public
ro* O` C(I•o.t :e ^ J;wR D. r- or,?ar; 0ubhc
Rash III
Namcl :; �: S:ynenv
x personally known to me
proved to me on the basis of satisfactory
evidence
to be the person(gd whose nameps) is/amx
KRtSiMtE BERIUCO subscribed to the within instrument and
Commtsslon # 1453469 acknowledged to met that he/90e/t i executed
,ter' NotaryPubRc- Contomia the same to his/bEdUaof authorized
RtvetsldeCounty capacity(aeeg, and that by his/bwc/3b=
MyComm.FxpkesDec 25,20071 signaturej6) on the instrument the person(5j, or
the entity upon behalf of which the person(20
acted. executed the instrument.
WI t hand and f€ I s al.
�` ,L r
Puce t:olary :,c,l r.Love v -- — Sin lurr: o Ncla(v : u 11c
OPTIONAL
Though the Information below IS not reQurrcd by law it may prove valuable to persons relv)ng on the document
HnIf could prevent t audult-nt removei and reattachment of this iomt b :.mother document.
'Description of Attached Document
Title or Type of Document..
Document Date. A"
Signer(s) Other Than Named Above.
Capacity(ies) Claimed by Signer
Signers Name: William D. Rash III_
individual �y
x Corporate Officer — Ttllets) vice President _
Partner — • limited General
vttornev in Fact
Trustee
,1iafriian rr •;,Jns�tdatul
Nhr it
„ J,�r_, gin;;; r•�et;1 , r; Landmark Site Contractors
Number or Pages:
OFSIGNEff.
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