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Home My WebLink AboutC24620 Award Parking Lot Rehabilitation 750-06CITY OF PALM DESERT PUBLIC WORKS DEPARTMENT STAFF REPORT REQUEST: Award Contract No. 24620 for the Parking Lot Rehabilitation at 72-900 Highway 111 and 45480 Portola Avenue (Project 750-06) SUBMITTED BY: Ryan Gayler, Project Administrator CONTRACTOR: International Pavement Solutions, Inc. P.O. Box 10458 San Bernardino, California 92423-0458 DATE: March 23, 2006 CONTENTS: Agreement Proposal Vicinity Map Recommendation: By minute motion, award Contract No. C24620 for the Parking Lot Rehabilitation of 72-900 Highway 111 (Old Visitor's Center) and 45- 480 Portola Avenue (Portola Avenue Community Center) to International Pavement Solutions, Inc. of San Bernardino, California, in the amount of $67,200.00 plus a 10% contingency, and authorize the Mayor to execute the same. Discussion: In February 2006, Public Works staff published a Notice Inviting Bids for the Parking Lot Rehabilitation of 72-900 Highway 111, the Old Visitor's Center, and 45-480 Portola Avenue, the Portola Community Center. Both of these areas have been identified as parking lot areas requiring rehabilitation under our yearly parking lot maintenance program. On March 7, 2006 bids were received in the office of the City Clerk and read aloud. The results are as follows: Award Contract No. C24620 for Parking Lot Rehabilitation to IPS Page 2of2 March 23, 2006 International Pavement Systems NPG Corporation Pacific Asphalt Services Contreras Construction Granite Construction Extreme Coatings Incorporated San Bernardino, California Perris, California Ontario, California Indio, California Indio, California Corona, California $ 67,200.00 $ 81,511.00 $ 93,900.00 $117,540.00 $150,100.00 Non -responsive Funds are available for this project in account 110-4313-433-3320. Therefore, staff recommends that City Council, by minute motion, award Contract No. C24620 to International Pavement Solutions, Inc. of San Bernardino, California, in the amount of $67,200.00 plus a 10% contingency, and authorize the Mayor to execute the same. Submitted By: Department Hea an Gayler Project Administrator Approval: Homer Croy ACM for Development Services Carlos L. Ort City Manager /cls/dhl Mark Greenwood, P.E. Director of Public Works Paul S. Gibson Finance Director G:\PubWorks\Staff Reports\2006\March 23\5 C24620 International Pavement Solutions 750-06\Award C24620 IPS for 750-06.doc AGREEMENT THIS AGREEMENT is made and entered into this 23�d day of March, 2006, by and between City of Palm Desert, California, hereafter called "Owner" and International Pavement Solutions, Inc. hereinafter called "Contractor". WITNESSETH RECITALS: Contractor has submitted to Owner its Contractor's Proposal for the construction of Owner Project, parking Lot Rehabilitation of 72-990 Highway 111 and 45=480 Portola Avenue, PROJECT NO. 750-06, CONTRACT NO. C24620, 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 Conditions; (i) The Special Provisions; 0) The Standard Specifications as modified in other portions of the Contract Documents; (k) The Plans; (1) Addenda Nos. 1-2; (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: a. Any and all liability, claims, damages, losses or injuries to any person or other entity, including injury to Contractor's employees, and all claims which arise from or are connected with the negligent performance of or failure to perform the work or other obligations of this Agreement, or which are caused or which are claimed to be caused by the negligent or intentional acts or omissions of Contractor, its subcontractors, its agents or employees, and, all expenses of investigating and defending against same, b. Any and all liability, claims, damages, losses or injuries to any and all contractors, subcontractors, material -men, laborers, or any other person, firm or corporation furnishing or supplying work, services, materials or supplies in connection with the performance of the Agreement. Attention is directed to the General Specifications pages 25-26 and 33-37, 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 the 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. 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] CONTRACTOR: International Pavement Solutions, Inc. 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 Contractor's Proposal Parking Lot Rehabilitation at 72-990 Highway I I I and 45-480 Portola Avenue Project No. 750-06 Contract No. C24620 TO: CITY OF PALM DESERT, "Owner' DATE: Itl4k) C H 6 1 CeR 0 0 (-� BIDDER: -'MAT r-12AI4 7/ 0.1-JAC AV6HX/U'r SOL& MAIS -ZV& "Contractoe' The UNDERSIGNED, "Contractor", having carefully examined the site and the Contract Documents for the construction of, Parking Lot Rehabilitation at 72-990 Highway 111 and 45-480 Portola Avenue, Project No. 750-06, Contract No. C24620, hereby proposes to construct the work in accordance with the Contract Documents, including Addenda No(s). 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 wdting 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 irreguladties 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 contractors 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 detennine the Bidder's financial standing expedence and to perform the work. 5. That the accompanying certified or cashiers 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 engineedng and architectural expense and cost of maintaining or construction altemate 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. 2 Clearing and Grubbing LS 1 $ J,9V- 00 $ C7,sro - 0 0 3 Remove Base and Surfacing SF 15,200 $/.00 "Rev. 0 0 $/,5- 4 4" Class 11 Aggregate Base CY 190 $ bV. 0 $/.?, 5n. 0 a 5 Concrete "A" Curb LF 320 $/,7.00 $ 3�0- 00 6 3"Asphalt Concrete (1/2" Maximum, Medium) SF 15,200 $ /. 00,D $ .2 -7, -;60. 00 7 Striping LS 1 $,QW6-00 $,4,000.00 8 Traffic Control LS 1 $ 7,516-00 $7,520-00 TOTAL BID PRICE $46 7,20,0.00 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 Contractors compliance with the Plans and Specifications. TOTAL AMOUNT BASE BID IN FIGURES $ �9, -;� 60 - 0 0 FIF e),o TOTAL AMOUNT BASE BID IN WORDS A44 r6i4AAeA-J CtVL&t4-,0 IWO C�A� IN WITNESS WHEREOF Contractor executed this proposal as of date set forth on Page C-1: By: ��Ure ORC-Arr 61. Title: PP"ibc-Air -r�vrfi&Aar-*�c. Contractor Attest by: Notary Publ�cin �and for'said County and State -jj—N� C ESCCGEDO � E! -,c Commmlon # 1547035 Notary PubNc - COMOM10 Son BemwdlnO COUnty Page C-2 QMVC0rnM.bpMsJan31,2001 Information Required of Bidder The bidder is required to supply the following information. Additional sheets may be attached if necessary. (1) Address f 0. BOX /0 (15(� ., SAV -OVq (2) TelephoneNo. 9,,0(?- ?95/-CP-/0/ (3) Type of Firm (Individual, Partnership or Corporation) CPRA9Rf972'-PA1 (4) Corporation organized under the laws of the State of A&VAPA (5) Contractor's License No. '7c;-9 c9 a ( o Exp. Date 11,3,0 -0 4 Contractor hereby swears under penalty of perjury that this information provided is true and correct. By: Title: Aee5=&W 7- Signature Contractor (6) List the names and addresses of all owners of the firm or names and titles of all officers of the corporation: bt-AIMIS C---tk=F-r2C-R . C15-01MEAS. 'B1Zr--MT e,--4ZMrEGt-JZ WES. V,Kes- U&CI re,;Cobl�rbo, set - b e AT WP-4 � ets - (7) Number of years' experience as a Contractor in construction work �Z,5VeALA�-,I_ (8) List at least three similar projects completed recently: Contract Amount Class of Work Date Completed Name, Address & Telephone No. of Owner 2. Q Page D-1 BRANCH OFFICES.* — Redlands — Orange County — Nevada MYZk1w — Palm Desert — San Jose — Arizona SOLVTX*A =- P.O. Box 10458. San Bernardino. CA 92423-0458 — (909) 794-2101 1 (800) 826-4163 — Faxi (909) 794-7098 April 4, 2005 References: Street Projects Citv of Rancho Mirage. Leland E. Cole. 760-770-3224 Project — Section 30 CMAQ Paving Project, Rancho Mirage Federal Aid Project 4 CML 6164 (0012)/City Project 402-199 Amt. — $403,031.50 Scope: Asphalt, Concrete, Pavement Markings, Landscaping 5/11/04 thru. 7/25/04 Reference: Street Projects Citv of Palm Surings. Bruce Johnson, 760-323-8259 Project — CP #03-13,Calle Amigos Street Improvements, Palm Springs Amt. - $173,849.71 Scope: Asphalt, Concrete, Pavement Markings 5/10/04 thru 6/8/04 Citv of Lancaster. George, Public Wks Eng..661-723-6000 Project — Cash Contract #584 Spring 2004 St. Resurfacing, Lancaster Amt. — $240,862.36 Scope: Asphalt, Concrete, Pavement Markings 2/29/04 THRU 6/30/04 Youl- colliplete Outdooi- Maiweiian(-e Solution CA License #AIB729226 - NV License #A0041881 - httpi/lww�-v.pavement-solutions.com to BRANCH OFFICES. P.O. Box 10458. San Bernardino, CA 92423-0458 — (909) 794-2101 — 1 (800) 826-4163 — Fax: (909) 794-7098 Citv of Colton, Victor Ortiz, 909-370-5065 Project — Missing Link Project, Colton Amt. - $529,213.03 Scope: Asphalt, Concrete, Pavement Markings 4/l/04 thru 7/23/04 Citv of Desert Hot SDrings. Dan Patneaude, 760-329-6411 Project — West Dr St. Improvements # 200412 Amt. - $402,980.00 Scope: Asphalt, Concrete, Pavement Markings 3/16/05 — Current Project Skate Park Lighting & Senior Center Parking Project Amt. — $134,316.00 Scope: Asphalt, Concrete, Lighting, Landscape 3/16/05 — Current Project Youi- Coniplefe Obttdooi- Maintenaiwe Solulioll CA L,cense #A.IB729226 - NV License ::AO041881 - Nip '!wwvi pavement solutions.com N'TERNAMNAL BRANCH OFFICES: — Redlands — Orange County — Nevada PAYMOM — Palm Desert — San Jose — Arizona 41W900770M P.O. Box 10458, San Bernardino, CA 92423-0458 — (909) 794-2101 — 1 (800) 826-4163 — Fax: (909) 794-7098 December 7, 2005 Reference: Street Projects Reference List — Public Works Citv of Calimesa. Bob French., 909-795-9801 Project- 50' Street Reconstruction Ave, L to Myrtlewood Dr., STR-03-01 Amount - $326,702.45 Scope — Concrete Sidewalk, Curb, Gutter, Asphalt, Fencing, Drains, Striping 06-06-05 thru 9-30-05 Citv of NeWDort Beach. Frank Martin. 949-795-6944 Project — Various Citywide Locations Concrete Repair Amount - $ 138,786.31 Scope — Concrete, Curb, Gutter, Sidewalk 06-15-04 thru 10-31-04 Project — Grant Howard Community Center Amount — $ 66,282,00 Scope — Concrete, Sidewalk, Curb & Gutter 07-3 1-04 thru 11-3 0-04 Yr)ui- Coniplete Owdoor Maiweriaii(-e Solutioi7 CA License #A/B729226 - NV License #A0041881 - ht1p://wwkv pavement—solutions.coni fifrERMATMAL BRANCH OFFICES: — Redlands — Orange County — Nevada PAYRaff —Palm Desert — San Jose — Arizona P.O. Box 10458, San Bernardino, CA 92423-0458 — (909) 794-2101 — 1 (800) 826-4163 — Fax: (909) 794-7098 12-07-05 NEWPORT BEACH CONTINUED: Project — Citywide Slurry Seal Program Amount - $ 136,705.76 Scope — Asphalt and Concrete Remove and Replace 04-15-04 TBRU 07-14-05 Yow- Coinplete Outdool, Maintenan(-e Solution CA License #A/B729226 - NV License #AO041881 - http://www.pavement—soltitioris.coFn (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: Address: Telephone: Work to be performed: Subcontractor's Name: License Number: Address: Telephone: Work to be performed: Subcontractor's Name: License Number: Address: Telephone: Work to be performed: (10) List theaame of the person who inspected the site of the proposed work for your firm Joel B4rki-E (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 OF4WERSVE) 5,4A4 AP&M 7- being first duly sworn, deposes_qnj says that he/she is of.=memwn aw, Awaftw Skm7ae '176 party making the foregoing bid; that the bid is not made in the interest of, or on behalf of 9 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 pdce 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. D'o Subscribed and sworn to, before me this3=-- day of A#1ZChl 20_Qk By: S i:g;�ree Title: Contractor Attest By: Notary Ilicin �anf.r Csai'd County and State Title: NANCY ESCOSEDO comwW # 1547038 No" Pub0c - CaftmiO Son V, - �"� �, CowtY Page E-1 NffMy Cam. LVkw Jw 31.204 Bond# Su5013231 1310DWS BOND To Accompany Proposal KNOW ALL MEN BY THESE PRESENTS, That we, International Pavement Solutions Inc. as principal, and Arch Insurance Company as surety, are hold and firmly bound unto the City Of Palm Desert In the sum of $. 0 0% of bid) to be paid to the said Owner or Its certain attorney, Ift succemrs and assigns; for which payment, well and truly to be made, we bind ourselves, our heirs, executors and admiNstrators, successors or assigns, jointly and severally, firmly by these presents. *10% Not to exceed Twenty -Five Thousand and No/100ths Dollars ($25,000.00) THE CONDITION OF THIS OBLIGATION IS SU0i, that if the certain proposal of the above bounden principal to perform certain work described as fbilows: 'The general items of work to be done hereunder consist of: mobilization; clearing and grubbing; grading for parldng lot surface; crushed aggregate base " asphalt concrete pavement removal of asphalt concrete pavemerA and aggregate bass In deteriorated areas (unclassified excavation) and reconstruction; landscape and irrigation retrofit; installation of striping, pavement markings and pavement markers; and installation of traffic oontrol devices required during construction of the Improvements and all appurtenant work as required by the plans and specifications, and dated March 7th, 2006 1 Is accepted by the City of Palm Desert, and if the above bounden principal Tntf-rnati -1 _nt- 4ZOlittinn4a Tn� I shall duly enter into and mocute a contract fbr such construction, and shall execute and deliver the Performance Bond and Payment Bond and Insurance oerlificates as required by said contrad, then this obligation shag become null and void; otherwise It shall be and remain in full force and effect. Should it become necessary for the owner to ins*ute a lawsuit or " other legal proceeding to enforce the terrns and conditions of this bond, then all costs of said proceeding, Including attorney's fees, shall be awarded to the prevailing party. IN WITNESS WHEREOF, We hereunto so our Hands and Seals this.L-p- day of March j 2006 ContrsCtofs NaMa: International Pavement Solutions Inc. Contractor's SignaWre: -ntle: ORF-Avr e. Address: 1199 Opal Mentone, Ca 92359 Telephone- (909) 794- 2101 SurW9 NW= Arch Insurance Companv Surety's Signature: -I- Title: P�gymoiq4 E. Gail, Attorney -in -fact Addrew, 135 N. Los Robles Ave, Suite 825 Pasadena, Ca 91101 Telephone. (626) 639- 5200 Oka,` State of California County of Los Angeles On 1AAR 0 12006 Regina Range[ Notary Public NAME TITLE OF OFFICER personally appeared Ramond E. Gail NAME OF SIGNER MPersonally known to me - OR -0 R E G i .4 A� R A 14 G,--- L COM #1'� .' (.9 M. J3 M N t.ry bic I I . Fu ul LOS LE:' CC "4r AVGE ; , , y EX I y proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the -within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. NESS my ha?drnd offioi"al. 1SS(S1GNA4TTJ0LFVRY) OPTIONAL Though the data below is not required by law, it may prove valuable to persons relying on the document and could prevent fraudulent reattachment of this form. CAPACITY CLAIMED BY SIGNER F-] INDIVIDUAL F-1 CORPORATE OFFICER TITLE(S) PARTNER(S) r_j LIMITED F-] GENERAL F� ATTORNEY -IN -FACT F1 TRUSTEE(S) F] GUARDIAN/CONSERVATOR El OTHER SIGNER IS REPRESENTING: NAME OF PERSON(S) OR ENTITY(IES) Arch Insurance Company DESCRIPTION OF ATTACHED DOCUMENT TITLE OR TYPE OF DOCUMENT NUMBER OF PAGES DATE OF DOCUMENT SIGNER OTHER THAN NAMED ABOVE POWER OF ATTORNEY Know AJI Men By These Presents: That the Arch Insurance Company, a corporation organized and existing under the laws of the State of Missouri, having its principal office in Kansas City, Missouri (hereinafter referred to as the "Company") does hereby appoint Adam Feinberg, Michael G. Hall, Lawrence W. Carlstrom, Raymond E. Gail, Michael E. Cundiff, R.G. Park, Susan E. Morales, George A. Munana, Eric Schmalz and David A. Eliassen of Pasadena, CA (EACH) its true and lawful Attom6y(s�in-Fact to make, execute, seal, and deliver from the date of issuance of this power for and on its behalf as surety, and as its act and deed: Any and all bonds and undertakings EXCEPTION: NO AUTHORITY is granted to make, execute, seal and deliver bonds or undertakings that guarantee the payment or collection of any promissory note, check, draft or letter of credit. This authority does not permit the same obligation to be split Into two or more bonds In order to bring each such bond within the dollar limit of authority as set forth herein. The Company may revoke this appointment at any time. The execution of such bonds and undertakings in pursuance of these'.. presents shall be as binding upon the said Company as fully and amply to all intents and purposes, as if the Same had been duly executed and acknowledged by its regularly elected officers at Its principal office in Kansas City, Missouri. This Power of Attorney is executed by authority of resolutions adopted by unanimous consent of the Board of Directors of the Company on March 3, 2003, true and accurate copies of which are hereinafter set forth and are hereby certified to by the undersigned Secretary as being in full force and effect: NOTED, That the Chairman of the Board, the President, or any Vice President or their appointees designated in writing and filed with the Secretary. or the Secretary shall have the power and authority to appoint agents and attomeys-ln-fa� and to authorize them to execute on behalf of the Company, and attach the seal of the Company thereto, bonds and undertakings, recognizances, contracts of Indemnity and other writings, obligatory in the nature thereof, and any such officers of the Company may appoint agents for acceptance of process." This Power of Attorney Is signed, sealed and certified by facsimile under and by authority of the following resolution adopted by the unanimous consent of the Board of Directors of the Company on March 3, 2003: VOTED, That the signature of the Chairman of the Board, the President, or any Vice President, or their appointees designated in writing and filed with the Secretary, and the signature of the Vice President, the seal of the Company, and certifications by the Vice President, may be affixed by facsimile on any power of attorney or bond executed pursuant to the resolution adopted by the Board of Directors on March 3, 2003, and any such power so executed, sealed and certified with respect to any bond or undertaking to which It is attached, shall continue to be valid and binding upon the Company. 00MI-00 13 00 03 03 Page I of 2 Printed in U.S.A. NOTARY ACKNOWLEDGMENT State of California County of San Bernardino On March 3, 2006 before me, NANCY ESCOBEDO, Notary Public Date Name and TMe of Offloor (eg. "James Do*, Notary Publ1o) personally appeared Brent C. Rleger Name(s) of 31grdr(r) personally known to me -OR- M proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) Is/are subscribed to the within Instrument and acknowledged to me that he/sheAhey executed the same In histher/their authorized capacity(les), and that by hWher/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. NANCY ESCOBEDO 6CornmWw # 1547038 Notay KdAC - CONWdo Son Sewourdino C0WV%0j- 1My Corm. EVW Jm 3 1. NANCY ESCOBEZNotary Public OPTIONAL Though the Inthfmaffon below /a not requked by low, 9 may prove valuable to persons relying on the document and could prevent 11roudulont removal and reeftchment of thla form to another document. Description of AftacW Document Title or Type of Document: Bid Bond Document Date: March 1, 2008 Signer(s) Other Than Named Above: Raymond E. Gall Capaclty(les) Claimed by Signer(s) Signers Name: Brent C. Rleger Individual corporate officer Tltle(s): President Partner (_-] Limited L] General D Attomey-in-Fact Trustee Guardian or conservator Other: Top of thumb here Signer Is Representing: International Pavement Sol. Inc. Number Of P89OS: 2 Slaner's Name: Individual Corporate Officer Tftle(s): E] Partner [] Limited [] General Attomey-in-Fact Trustee Guardian or conservator Other Top of thumb here Signer Is Representing: PERFORMANCE BOND KNOW ALL MEN BY THESE PRESENTS: That whereas the City of Palm Desert has awarded to International Pavement Solutions, Inc. hereinafter designated as the "Principal", a contract for: Parking Lot Rehabilitation of 72-990 Highway 111 and 45-480 Portola Avenue PROJECT NO. 750-06 CONTRACT NO. C24620 WHEREAS, said Principal is required under the terms of said contract to furnish a good and sufficient bond for the performance of said contract: NOW THEREFORE, WE, the Principal, and as Surety, are held and firmly bound unto the City of Palm Desert hereinafter called the Owner, in the penal sum of Sixty Seven Thousand and Two Hundred Dollars ($67,200.00), 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 there under 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. IN WITNESS WHEREOF, identical counterparts of this of which shall for all purposes be deemed an original thereof, 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 instrument, each have been duly 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 International Pavement Solutions, Inc. (hereinafter designated as the "Contractor"), an agreement dated March 23. 2006, described as follows: Parking Lot Rehabilitation at 72-990 Highway 111 and 45-480 Portola Avenue, PROJECT NO. 750-06, CONTRACT NO. C24620, (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, 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 SixtV-Seven Thousand two Hundred Dollars ($ 67,200.00), 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. 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. THIS SPACE IS LEFT BLANK INTENTIONALLY. SIGNATURES ARE CONTAINED ON THE FOLLOWING PAGE. 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 SURETY: (Typed Name of Surety) By: (Signature of Attorney -in -Fact) (Typed Name of Attorney -in -Fact) The total amount of premium charged: $ (the above must be filled in by corporate surety). perthousand. 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) s_ T —lit •�� f 4 ' ji i + 11 : 1 ' �r