HomeMy WebLinkAboutC23900A Monterey Avenue Bridge Expansion Jt Repair 643-05CITY OF PALM DESERT
PUBLIC WORKS DEPARTMENT
STAFF REPORT
REQUEST: Award Contract No.C23900A to J. McLoughlin Engineering Company,
Inc., of Rancho Cucamonga, California for Construction of the
Monterey Avenue Bridge Expansion Joint Repair Project (Project No.
643-05)
SUBMITTED BY: Mark Greenwood, P.E., Director of Public Works
APPLICANT: J. McLoughlin Engineering Company, Inc.
10641 Fulton Court
Rancho Cucamonga, CA 91730
DATE: February 8, 2007
CONTENTS: Vicinity Map
Contract Agreement
Contractor's Proposal
Recommendation:
By minute motion:
1. Award Contract No.C23900A, in the amount of $73,000.00, to J.
McLoughlin Engineering Company, Inc., of Rancho Cucamonga,
California for Construction of the Monterey Avenue Bridge Expansion
Joint Repair Project (Project No. 643-05);
2. Approve a 10% contingency in the amount of $7,300.00; and
3. Authorize the Mayor to execute the subject agreement.
Discussion:
During a routine bridge inspection, the Public Works Department discovered excessive
gaps at the north and south ends of the Monterey Avenue Bridge over the Whitewater
Channel. On the June 23, 2005 City Council approved a contract with Moffatt & Nichol,
engineers, for the design of expansion joint repairs on the bridge. Moffatt and Nichol
completed design of the repair, and a reimbursement agreement between the City of Palm
Desert and the City of Rancho Mirage has been executed which splits the cost of the repair
evenly between the two cities.
Award Contract C23900A to J. McLoughlin Engineering Company, Inc.
February 8, 2007
Page 2of2
The construction project was advertised and bids were opened on January 23, 2007. The
following are the results of the bids:
J. McLoughlin Engineering Company, Inc.
Peterson -Chase General Engineering
Truesdell Corporation of California
Mocon Corporation
Tri-Star Contracting, Inc.
$ 73,000.00
$143,900.00
$168,888.00
$288,800.00
$299,420.00
This work must proceed in the spring, before temperatures rise, to result in an effective
repair. The following timetable represents how the project is expected to proceed:
City Council Contract Award
Construction Period (45 Calendar Days)
Project Acceptance
February 8, 2007
March 2007 through April 2007
May 2007
Funding is currently available for this project in the account 400-4343-433-4001.
Therefore, staff recommends that City Council award Contract No. C23900A in the amount
of $73,000.00 (plus a 10% contingency) to J. McLoughlin Engineering Company, Inc. for
construction of the Monterey Avenue Bridge Expansion Joint Repair Project (Project No.
643-05).
an Ga',' r
roject Administrator
Approv
Homer Croy
ACM for Devel
Carlos 'Orteg
City Manager
Departm-n
Mark Green ood, P.E.
Director of Public Works
Paul Gibson
ent Services Director of Finance
ZITY COUNCIL eTION:
APPROVED DENIED
RECEIVEDRECEIVE'D OTHER
riSDrl ,�;n�s~t r 3121. oAi r Ici
(/rg/dhl
VERIFIED BY:
')riginal on File withCity Clerk's Office
G:1PubWorkslStaff Reports120071February 8101 Awar 23900A McLoughlin Monterey Bridge Expansion Joint Repair 643-054Award C23900A J McLoughlin 643-05.doc
t•2EET I
AYES:
NOES:
ABSENT:
ABSTAIN:
Contract Agreement
THIS AGREEMENT is made and entered into this 8th day of Februarv, 2007, by
and between City of Palm Desert, California, hereafter called "Owner" and
J. McLouqhlin Enqineering Companv, Inc. hereinafter called "CONTRACTOR".
WITNESSETH
RECITALS:
CONTRACTOR has submitted to Owner its CONTRACTOR'S Proposal for the
construction of Owner Project,
1. MONTEREY AVENUE BRIDGE DECK EXPANSION JOINT REPAIR,
PROJECT NO. 643-05, CONTRACT NO. C23900A, 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; (j) The Standard Specifications as modified in other portions of the
Contract Documents; (k) The Plans; (I) Addenda Nos. 1; (m) The Determination
of Prevailing Wage Rates for Public Work; (n) Any Change Orders issued; (o)
Any additional or supplemental specifications, notices, instructions and drawings
issued in accordance with the provisions of the Contract Documents. All of said
Documents presently in existence are by this reference incorporated herein as if
here set forth in full and upon the proper issuance of their documents they shall
likewise be deemed incorporated.
2. CONTRACTOR shall commence the work within ten calendar days after the date
of the Notice to Proceed and will do all things necessary to construct the work
generally described in Recital No. 1 in accordance with the Contract Documents
and will complete said work within Forty-five (45) 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 $1,000.00 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
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
comp{eted. 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 b/ocks are contained on fhe next pageJ
Page G-3
CONTRACTOR:
BY: ATTEST BY:
Signature to be notarized
TITLE: TITLE:
OWNER:
BY: ATTEST BY:
Signature to be notarized
TITLE: Mavor of Palm Desert. CA TITLE: Citv Clerk of Paim 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 J. McLoughlin Engineering Companv, Inc. hereinafter
designated as the "Principal", a contract for:
MONTEREY AVENUE BRIDGE DECK EXPANSION JOINT REPAIR
PROJECT NO. 643-05
CONTRACT NO. C23900A
WHEREAS, said Principal is required under the terms of said contract to furnish
a good and sufficient bond for the performance of said contract:
NOW THEREFORE, WE, J. McLoughlin EngineerinQ Companv, Inc.
the Principal, and as Surety, are held and
firmly bound unto the City of Palm Desert hereinafter called the Owner, in the penal sum
of Seventy-three Thousand and no cents Dollars ($73,000.00), 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 PRINCIPAL
BY: BY:
INSURANCE COMPANY and/or AGENT
ADDRESS
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 J. McLouahlin Enaineering Company, Inc. (hereinafter
designated as the "CONTRACTOR"), an agreement dated February 8, 2007 described
as follows: MONTEREY AVENUE BRIDGE DECK EXPANSION JOINT REPAIR,
PROJECT NO. 643-05, CONTRACT NO. C23900A, (hereinafter referred to as the
"Contract"); and
WHEREAS, said CONTRACTOR is required to furnish a bond in connection with said
Contract, and pursuant to Section 3247 of the California Civil Code;
NOW, THEREFORE, we, J. McLoucLhlin Enqineering Companv, Inc. , the
undersigned CONTRACTOR, as Principal, and
a corporation organized and existing under the laws of the State of
, and duly authorized to transact business under the laws of the State of
California, as Surety, are held and firmly bound unto the City of Palm Desert and to any
and all persons, companies or corporations entitled to file stop notices under Section
3181 of the California Civil Code, in the sum of Seventy-three Thousand and no cents
Dollars ($73,000.00), 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 H-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 befinreen 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: SURETY:
(Typed Name of CONTRACTOR) (Typed Name of Surety)
By: By:
(Signature) (Signature of Attorney-in-Fact)
(Typed Name and Title) (Typed Name of Attorney-in-Fact)
The rate of premium on this bond is $ per thousand.
The total amount of premium charged: $
(the above must be filled in by corporate surety).
IMPORTANT: Surety companies executing bonds must possess a certificate of
authority from the California lnsurance Commissioner authorizing them to write surety
insurance defined in Section 105 of the California lnsurance 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 representaGve for service of process in Califomia if different from above)
Page H-4
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Contractor's Proposal
MONTEREY AVENUE BRIDGE DECK EXPANSION JOINT REPAIR
Project No. 643-05
Contract No. C23900A
TO: CITY OF PALM DESERT, "Owner"
DATE: �-a�3 -O -7
BIDDER: �� M�L��'j, �%w�<^���h�•�s C�, "CONTRACTOR"
The UNDERSIGNED, "CONTRACTOR", having carefully examined the site and the
Contract Documents for the construction of, MONTEREY AVENUE BRIDGE DECK
EXPANSION JOINT REPAIR, Project No. 643-05, Contract No. C23900A, hereby
proposes to construct the work in accordance with the Contract Documents, including
Addenda No(s). ,2. for the amount stated in this Proposai.
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 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.
� � � � � • � �
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2,`_:z + ,r A�,
� Bridge Deck Expansion Joint Repair� LS 1 $ � p - $ 'j p�s ��
$ $
$ $
$ $
$ $
$ $
$ $
$ $
$ $
$ $
$ $
$ $
$ $
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$ $
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� $ $ -
$ $
$ $
$ $
$ $
$ $
$ $
$ $
$ $
$ $
$ $
$ $
$ $
$ $
$ $
$ $
$ $
$ $
TOTAL BID PRICE $ �� E�[',%c�
Page G2
The costs of any work shown or required in the Pians 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 Pla,ns and Specifications.
TOTAL AMOUNT BASE BID W FIGURES $ �� �'�
TOTAL AMOUNT BASE BID IN WORDS ��-v`�'�-W `" ~�����. ����C�-tG�
c�rr�lc�.rS
IN WITNESS WHEREOF CONTRACTOR executed this pro osal as of date set forth on
Page C-1: ,
By: �' i�
ignature
Title: / �� si�(r�✓�
CONTRACTOR
Attest by: � ��
Notary Public in and for said County and State
Title:� �i/d3�/cr
�� °f �������'''���' LOUIS J. HUBAUD
� 1y <{�r - COMM.#1448962 d'
COUItty Of SXY✓ lUJJ����� �� C� NOTAHYPU6LIC-CALIFORNIA�
W SANBERNAR�INOCOUNTY
Subscribed and sworn to (or affirmed) before "1y Cartttn.Explres No¢6,zoo�
� ._-a.:.�.�as
me on this ."<3 .�,_ aay otc7�7�,f___, 2po�
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 f��`i'l ��L%b,,i �vi% ���°'�'�o ��csy�rowyG�, �i� �/73G
(2) Telephone No. �� �/" 9YY l�3 7
(3) Type of Firm (Individual, Partnership or Corporation) �����'�T�w
(4) Corporation organized under the laws of the State of C���ovu-��s�
(5) Contractor's License No. � ��S7S� Exp. Date �'3�'c�7
Contractor hereby swears under penaity of perjury that this information provided
is true and correct.
gy; � ��� -� Title: �✓�S��a�i'_
Signatur Contractor
(6) List the names and addresses of all owners of the firm or names and titles of all
officers of the corporation: _
Jo� // G 6Ciy'.�!i...i �/ft s s�rt�,•� /'
c����� ��Lo� ��%� c��,�T,�,u���,-
�
(7) Number of years' experience as a Contractor in construction work� "
(8) List at least three similar projects completed recently:
Contract Amount Class of Work Date Completed Name, Address &
Tele hone No. of Owner
� � c.�CTr�.�s
���ol,, Do� ,(3r��y� d�cll f1� � I�2 do-oG �/,' 7,Y' JS`/a?3 Z 7�5"�
Z;�`' C.�t TreR.�s
�3Yo,�vo ,�rd�/,6'�.JfS 1�3d-GG /Iy�r ..,��i{ 9S/d3z-G� s'
3.Y,, - c��r�r�.,.s
/�Z3,Ooo /�'� ,�.r�'c..�i.5� !�-3o-�L T - -c�-�zs 9S/- $30�Z G
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:
Address:
Telephone:
Work to be perFormed:
Subcontractor's Name:
License Number:
Address:
Telephone:
Work to be pertormed:
Subcontractor's Name:
License Number:
Address:
Telephone:
Work to be performed:
(10) List the name of the person who inspected the site of the proposed work for your
firm ��f�i�' ,,S�/2it Ts
(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)
Sa.J r n n..J.o:��s.v� ,� SS
COUNTY OF Ri1/�RSFBE)
�.� /�e�o� �.�✓ , being first duly sworn, deposes and
says that he/�#e is ��s�d�c=�� of J� �`C� �1, rH ���-.�' �-r�'�w �the
party making the foregoing bid; that the bid is not made in t e interest of, or on behalf of
,�+ by'/��,- fC�F, r�.v , any undisclosed person, partnership,
com any, association, organ' ation, or corporation; that the bid is genuine and not
collusive or sham; that the bidder has not directly or indirectiy induced or solicited any
other bidder to put in a false or sham bid, and has not directly or indirectiy 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, directiy 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 J��" , 20 � 7 ,
By: �'� : r.��-
ignature
Title: �i.�s�c%^/�
CONTRACTOR
_.��---��: _�.-=�
Attest By:
Notary Public in and for said County and State
Tit�e: /�)�%.ar/ / �'J����
— /
,,,., LOUIS J. HUBAUD�
� � COMM.#1448962 'd'
NOTAHY PU6LIC•CALIFORNIA�
�p � SANBERNARDINOCOUNIY �
My Com^�.Exoires Nov.6,2007 ��
Page E-1 . .,_. - - .,-,�.
BIQDER'S �OND
To Accompany Propasal
KNOW ALL MEN BY THESE PRESENTS,
TF18t W�, �'MCLOUGHLIN ENGINEERING COMPANY,INC.
as principal,
and GREATAMERICANINSURANCECOMPANY aS SUI'gty ar k7E�C� and
fiRnly bound unto fhe City of Paim Dese�t in the sum of$ ERCENTOFBIbAM�,fr(�d�o of bid)
to be paid to the said Owner or its certain aitorney, its successors and assigns; for
which payment, well and truly to be made, we bind ourseives, our heirs, executors and
administratars, successors or assigns, jointly and seve�aliy, firmly by these presents.
THE CONDITION OF THI5 OBLIGATION IS SUCM, that if the certain propasal of the
above bounden principal to perfortn certain work descrihed as follows:
7he generai items of work to be done hereunder consist of: mobilization; sawcut and
removal of qoncrete; repair of expansion jaints at the beginning and end of the bridge
inciuding replacement of portions of existing approach siabs; replacement of joint seals;
installatian of joint armor plates in sidewalk areas; and instatlation of traffic control
devices required during construction of the improvements end all appurtenant work as
required by the pians and specificafions,
and dated �ANuaarss,zoo� is accepted by the Cii�y of Palm Desert,
and if the above bounden principal � MCLOUGHLIN ENGINEERING COMPAN ,INC. $�}aI�
duiy enter into and execute a contract for such construction, and shall execute and
deliver the Performance Bond a�d Payment Bond and insurance certificates as required
by said contract, then this obiigafion shall becpme null and void; othenvise it shall be
and remain in full force and effect.
Should it bacome necessary for the owner to institute a lawsuit, or any other �egal
proceeding to enforce the terms and condi#ions of this bond, then all costs of said
proceeding, including attorney's fees, shatl be awarded to the prevailing party.
_ �
�
i
Page F-1 � ._.
I
IN WITNESS WHEREOF.We hereunto set our Hands and Seals this '° day
0{ JANUARY 2O ��
CONTRACTORS NafT18: J.MCLOUGHLIN ENGINEERING COMPANY,INC.
CONTRACTOR'S Signature: L
7itle:�/29ic�/t�.��
AC�Cj�055: �0641 FULTON COURT,RANCHO CUCAMONGA,CA 91730
Telephone:9os-saa-+os�
,'
/
Surety�5 Nallle: GREATAMERICANINSURANCECOINPANY
� �
Surety's Signature� _ / _ ---'" ,%��
TjtI2: YUNG L MULLICK,A ORNEKIN-FACT
ACIC�reSS24800 CHRISANTA DRIVE,STE. 16�,MISSION V/E ,CA 2691
Telephone: 9<s-as�a000 - ,� ---
\__�'
Page F-2
. ( ( i
GREAT AMERICAN INSURANCE COMPANY�
Administrafive Office:580 WALNUT STREET• CINCINNATI,OHIO 45202 ° 513-369•5000° FAX 513-723-2740
The number of persons authorized by
this power of attomey is not more than FOUR No.0 13943
POWER Or ATTORNEY
iCNOW ALL MEN BY THESE PRESGNTS:Tha[ihe GREAT AMERICAN INSURANCE COMPANY,a corporation organized and exisfing
under and by virtue of�he laws of[heState of Ohio,does hereby nomin�e,constimte and appoin[the person or�rsons named 6elow its true ar�d lawful
attomeyin-fact,for it and in its namo,place and stead to exewte in behalfof the said Company,as surety,any ard alI bonds,undertakings and contracts of
suretyshiq or other written cbligafions in the oamre thereof,provided iha[the liability of[he said Company on ariy such bond,underfaking or conVact of
suretyship executed under this authority shall not exceed the tirtit stated below.
Name Address Limit of Power
YUNG T.MULLICK ALL OF ALL
7AMES W.MOILAIVEN MISSION VIE70, $75,000,000.00
FRANCES LEFLER CALIFORNIA
JENNIFER C.GIBONEY
This Power of Attomey revokes all previoiu powers issued in behalfof ihe attorney(s)-in-fact nazned above.
IN WITNESS WHEREOF the GREAT AMER[CAN INSURANCE COMPANY has caused these presents m be signed and attested by iis
appropriate officers u�d its colporate seal hereunto affixed this 4'" day of, AUGUST , 2006.
Attest GREAT AMERICAN INSURANCE COMPANY
STATE OF OHIO,COUNTY OF HAMILTON-ss: oawo C.K�rctiw (573�369-381 t)
On this 4" day of AOGUST , 2006, beFore me personally appeared DAV[D C.KITCH[N,to me knowq heing duly sworq
deposes and says[hffi ho resides in Cincinnati,Ohiq that he is the Divisional Senior Vice Presidelrt oF�he Bond Division of Greal American[nsurance
Company,ihe Company described in and which executed the above ins[rumenh,[hat he knows the seal oPthe said Company;fhat the seal affixed tothe said
ins[rumen[is such corpora[e seal;Ihat i[was so�xed by aWhority oYhis o�ce under the By-Laws of said Company,and tha[he signed his name�hereto by �-�
like au[hority.
This Power ofAttomey is gran[ed by authority of the following resolu[ions adopted by Ihe Board of Direc[ors ofGreat American Insurance
Company by unanimous written consent da[ed Much 1, I993.
RESOLVED:Tha[lhe Division President,[he severa!Divrsion Vice Presidents and dssis(an[Vice Presidents,or arry one oJ(hem,be and hereby is
au[horized,from lime to time,to appoin!one or more Attarneys-in-Fact to execute on behalJojthe Company,as sraety,any and all bands,smdertaMngs and
contracts ojsuretyship,or o(her rvritten abligatioms in the nalure thereof!o prescribe their respec�ive duties and the respec�ive lrmils of7heir authority;and�o
revoke any such appoinlmen!af any lime.
RESOLVED FURTHER:That the Company sea!amd the signature of any of fhe aforesaid o�cers and any Secretary ar Assis7ant Secretary of the
Company may be a�xed byjacsrmile to any poiver aJattorney or certificate of eilher given jor lhe erecu[ron ojarry bond,undertakrng,canlrac!or suretyship,
ar other ivritten obligatron rn the nature thereof,s«ch srgnature and seal when so used being hereby adopled by the Company as the original signa[ure ofsuch
a�cer and!he original seal of the Company,to be valid and binding upan the Con�pany with the same force and effect as thaugh manua/ly affixed.
CERTIRICATION
I,RONALD C.HAYES,Assistant Secretary ofGreat American Insurance Company,do hereby certify that Ihe foregoing Power of Attorney and the
Resolutions ofthe Board of Direcrors ofMaroh 1,1993 huve not been revoked and are now in full force and effect.
Signed and sealed ihis � � day of,JANUARY ,2�0 0 7
5 toz97(t i/ot) .