HomeMy WebLinkAboutC28020 San Pascual Channel Low-Flow Channelization 518-08CITY OF PALM DESERT
PUBLIC WORKS DEPARTMENT
STAFF REPORT
REQUEST: Award Contract No.C28020 to Dateland Construction, of Indio,
California for the San Pascual Channel Low -Flow Channelization
Improvements (Project No. 518-08)
SUBMITTED BY: Mark Greenwood, P.E., Director of Public Works
DATE: August 28, 2008
CONTENTS: Vicinity Map
Contract Agreement
Contractor's Proposal
Recommendation:
By Minute Motion:
1. Reject the bids submitted by J.H. Thompson & Sons and Southwest
General Engineering as non -responsive,
2. Award Contract No.C28020, in the amount of $74,327.50, to
Dateland Construction, of Indio, California for Construction of the San
Pascual Channel Low -Flow Channelization Improvements (Project
No. 518-08);
3. Authorize the Mayor to execute the subject agreement; and
4. Approve a 10% contingency in the amount of $7,432.75.
Discussion:
The San Pascual Channel collects storm and nuisance water from Fred Waring Drive
and the neighborhoods south of Fred Waring and empties into the Whitewater Channel.
Because the channel is essentially flat, the water spreads out across the entire width of
the channel during low flows, causing algae to grow and become a maintenance
problem.
A plan has been designed which will construct a curb to confine the low water flows to a
narrower area, thereby conveying the water more quickly into the Whitewater Channel
and decreasing the area where the algae will grow. On August 5, 2008, sealed bids for
the project were opened and read aloud. The following is a summary of the bids
received:
Award Contract to Dateland Construction for San Pascual Channel Improvements
Page 2 of 2
August 28, 2008
Contractor
J.H. Thompson & Sons
Southwest General Engineering
Dateland Construction
Contreras Construction
Location
Bermuda Dunes, California
Riverside, California
Indio, California
Indio, California
Bid Amount
$67,875.00
$72,675.00
$74,327.50
$86,150.00
Upon examination of the bid packages it was discovered that J.H. Thompson & Sons
and Southwest General Engineering listed the engineering firm that designed the
project (Nolte and Associates) as a subcontractor to perform surveying. In accordance
with our specifications, the designer may not perform any work under the construction
portion of the project. After consulting with the City Attorney regarding the irregularities,
staff has determined that the best course of action is to reject the two subject bids as
non -responsive.
Therefore, staff recommends that, by Minute Motion, City Council reject the bids
submitted by J.H. Thompson & Sons and Southwest General Engineering as non-
responsive, and award Contract C28020 to Dateland Construction.(Project 518-08).
Prepared By:
R'y Gayl
Pro ect Ad i"nistrator
Approval:
Homer Croy
ACM for De
arks Ortega
City Manager
ment Services
L / /44-7L\
k6
Department Head:
Mar l're'nwood, P.E.
k/
Director of Public Works
Paul Gibson
Finance Director
CITY COUNCIL TICN:
APPROVED DENIED
RECEIVED OTHER
MEETING DATE
AYES: (3Ilsry1,
NOES: I P
ABSENT:"
ABSTAIN: COP_
VERIFIED BY: (1UK I
Original on Pile wi
n
Kl i pi
1 cnrct &faY1
/1
City Clerk's Office
jJ
VICINITY MAP
San Pascual Channel
MAGNESIA FALLS OR
SAN PASCUAL' - ANNE
IPI
KRUG' AVE
RANCHO RD
FRED WAKING
Cit
Contract No. C28020
Agreement
THIS AGREEMENT is made and entered into this 28t" day of A_ uqust, 2008, by
and between City of Palm Desert, California, hereafter called "CfTY" and Dateland
Construction hereinafter ca(led "CONTRACTOR".
W [ TNESSETH
RECITALS:
CONTRACTOR has submitted to C(TY its Contractar's Praposa! for the construction of
CITY Project,
1. San Pascual Channel Low Flow Channelization Improvements, PROJECT
NO. 518-08, CONTRACT NO. C28020, in strict accordance with the Contract
Documents identi�ed below, CITY has accepted said Proposal.
2. CONTRACTOR states that it has re-examined its CONTRACTOR'S Proposal
and found it to be carrect, has ascertained that its Subcontractors are properly
licensed and possess the requisite skill and farces, has examined the site and
Contract in accordance with the Contract Documents for fhe money set for#h in
its Proposal to be paid as provided in the Contract Documents.
AGREEMENT:
1T 1S AGREED BY THE PARTIES AS fiOLLOWS:
1. Cantract Documenfs: The enfiire contract consists of the foqowing: (a) The
Agreement; (b) The Notice Enviting Bids; (c) The Instruction to Bidders; (d) The
Contractor's Praposal; (e) The Bidder's Bond; (f) The Performance Bond; (g)
The Payment Bond; (h) The General Specifications; {i) The Special Provisions;
(j) The Standard Specificatians as modified in other portions of the Contract
Documents; (k) The Plans; (I) Addenda Nos. n/a; (m) The Determination of
Prevailing Wage Rates for Public Work; (n) Any Change Orders issued; (o) Any
additional or supplemental specifications, notices, instructions �nd 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 praper 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 afl things necessary to construct the work
generally described in Recital No. 1 in accordance with the Contract Documents
and wif! 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 CITY and its officers, agents
and employees, and the Engineer harmless from:
Contract No. C28020
a. Any and all iiability, claims, damages, losses or injuries to any person or other
entity, incfuding injury to Contractor's employees, and all claims which arise
from or are connected with the negligent per#ormance of or failure to perForm
the work or other obligations af this Agreement, or which are caused or which
are claimed to be caused by the negligent or inte�tionaf acts or omissions of
Contractor, its subcontractars, its agents or employees, and, aEl expenses of
investigating and defending against same,
b. Any and all liability, claims, damages, losses or inj�ries to any and all
contractors, subconfractors, material-men, lab�rers, or any other person, firm
or corporation furnishing or supplying work, services, materials or supplies in
connection with the performartce of th� Agreement.
c. Attention is directed to the Generaf Specifications - Claims, Liability, and
Indemnity Agr�ement/Hold Harmless sections, which specifications are made
part of this Agreement as set forth in Agreement paragraph 1, above.
d. Attention is directed to Section 6-9, "L.iquidated Damages" af 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 litigafiion or arbitration be commenced between the parties
concerning the works ofi improvements as referenced herein, the prevailing party
in any such litigation, being the CITY 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 shal! be binding upan all parties hereto and their respective
F�eirs, executors, administrators, successors, and assigns.
6. Contractor shall be paid in the manner set forth in the Contract Documents the
amount of its Proposa! as accepted by C[TY, subject to such additions and
deductions as may be made pursuant to the Contact Documents and app(icable
law. . �
Satisfactory Pertormance
The prime Contractor agrees to pay each Subcontractor under this prime
contract for satisfactory performance of its contract no later than 10 days from
fhe receipt of each payment the prime Contractor receives from Ci#y 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 Deserk.
Contract No. C28020
Release of Retention
The prime Contractor agrees further to release retention payments to each
Subcantractor within 30 days after the Subcontractor's work is satisfactorily
completed. Any delay or postponernent of payment from the above referenced
time frame may occur only for good cause fol(owing written approval of the City
of Palm Desert.
7. Execution of tf�e Agreement by the parties constitutes their agreement to abide
by al! 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 agains# liability for
worker's com�ensation 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 contracf."
IN WITNESS WHEREOF the parties hereto have executed ar caused to be
executed by their duly aufhorized officia[s, this Agreement which shall be deemed an
original on the date first above written.
(Remainder of this page has infentionally been left blank.
Signafure blocks are contained on the next page]
. �r .
Contract No. C28020
CONTRACTOR:
BY� ATTEST BY:
Signature to be notarized
TITLE: T1TLE:
ClTY:
BY: ATTEST BY:
Signature to be notarized
TITLE: Mavor of Palm Deser�, CA TITLE: Citv Clerk of Palm Desert, CA
'�l
APPROVED AS TO CONTENT: APPROVED AS TO FORM:
MARK GREENWOOD, P.E. DAV1D J. ERW1N
DIRECTOR OF PUBLIC WORKS C1TY ATT�RNEY
. � ..
Contract No. C28020
Perfarmance Bond
KNOW ALL MEN BY THESE PRESENTS: That whereas the City of Palm Desert has
awarded to Dateland Construction hereinafter designated as the
"Principal", a contract for:
San Pascuat Channel Low Flow Channelization Improvements
PROJECT NO. 518-08
CONTRACT NO. C2802U
WHEREAS, said Principal is required under the terms of said confiract to furnish
a good and sufficient bonci for the pe�formance of said contract:
NOW THEREFQRE, WE, Dateland Construction
the Principal, and as Surety, are held and
firmly bound unto the City of Palm Desert hereinafter called the City, in the penal sum of
Seventv-four thousand three hundred twenty-seven and 50/140 Dallars
($74,327.50), being 10Q% of the contract amount in lawfuf 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,
firm(y by these p�esents.
THE CONDIT[ON OF THIS �BLIGATION IS SUCH that if the above bounded
Principal, his executors, heirs, administrators, and successors, or assigns, shall in aIl
things stand to and abide by, and well and trufy 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 [cept and performed at the time and in the manner therein
specified, and in all respects according to their true in�ent and meaning, and shall
indemnify anci save harmless the City, its officers and ag�nts, as therein stipulated, then
this obligafiion shall become null and void; otherwise, it shall be and remain in fuil force
and virtue.
And the said Surety, for value received, hereby stipulates and a�ress 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 City to institute a lawsuit or any o�her 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.
Contract No. C28020
{N WITNESS WHEREOF, identical counterparts of this instrument, each of which
shall for afl purposes be deemed an original thereof, have been duly executed by the
Principal and Surety above named, on this day of , 24
SURETY PRINCIPAL
BY: BY:
(NSURANCE COMPANY and/or AGENT
ADDRESS
TELEPHONE NUMBER
;
. � ..
Contract No. C28020
Payment Bond
KNOW ALL MEN BY THESE PRESENTS:
THAT WHEREAS, the City of Palm Desert (sometimes referred ta hereinafter as
"Obiigee") has awarded to Dateland Construction (hereinafter designated as the
"CONTRACTOR"), an agreement dated Auqust 28, 2008 described as follows: San
Pascual Channel Low Flow Channelization lmprovements, PROJECT NO. 518-08,
CONTRACT NO. C28fl2Q, (hereinafter referred to as the "Contract"); and
WHEREAS, said CONTRACTOR is required to furnish a bond in connection with said
Contract, and pursuant to Sectian 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 Ci#y of Palm Desert and to any and all persons,
companies or corporations entitled to file stop notices under Section 3181 of #he
California Civil Code, in the sum of Seventy-four thousand three hundred twenty-seven_
and 50/100 Dollars ($74,327.50), 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 1S SUCH, that, if said CONTRACTOR, his or
its heirs, executors, administrators, successors or assigns, or Subcontractors, shalf 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 fio be done,
or to pay any person for any wor[c or labor of any kind, or for bestowing skills or other
necessary services thereon, or for amounts due under the Unemployment Ensurance
Code with respect to such work or labor, or for any amounts required to,�be deducted,
withhe{d, and paid over to the Employment Development Department from the wages of
employees of said CONTRACTOR and his or its Subcontractors pursuant to Section
13Q20 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 deduc#ed, 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 wi11 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 upan this bond.
Contract No. C28020
The Surety, for value received, hereby stipulates and agrees that na change, extension
of time, alteration or addition to the terms of the said Contract or ta the work to be
performed thereunder or the Specifications accompanying the same shal[ in any way
affect its obligations on this bond, and it does hereby waive notice af any such change,
extension of time, alteration or addition to the terms of the Contract or to the
Specificafiions.
No fnal settlement between the Obligee and fihe CONTRACTOR hereunder shall
abridge the right af 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 enforcemenf 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 ofi , 20
PRINCIPALICONTRACTOR: SURETY:
;
(Typed Name of CONTRACT�R) (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 carporate surety).
IMPORTANT: Surety companies executing bonds must possess a�certificate of
authority from the California lnsurance Commissioner autharizing them ta write surety
insurance defined in Sectian 105 of the Ca(ifornia lnsurance Code, and if the work or
project is financed, in whole ar in part, with federal, grant or loan funds, it must also
appear on the Treasury Deparkment'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 Califomia if different from above}
Contractor's Praposal
San Pascual Channel !ow Flow Channelization lmprovements
Project No. 5'18-Q8
Contract No. C28420
TO: CITY O�' PALM DESERT, "CITY"
,
DATE: �-}�/��'vr, c,7 pp�
BfDDER: ��L6�i�,O �.�-r�a�� �� /}.�' �-•�c� "CONTRACTOR"
The UNDERSIGNED, "C�NTRACTQR", having carefu!!y examined the site and the
Contract Documents for the construction of, San Pascuai Channef �.ow �low
Channeiization Improvements, Project No. 518-08, Contract No., C28020, hereby
proposes to construct the work in accordance with the Contract Documents, including
Addenda Na(s}. --�-` for the amount stated in this Proposal.
By submitting this Proposal, CONTRACTOR agrees with C1TY:
1. That unless withdrawn in person by CONTRACTOR or some person authorized in
writing by C�NTRACTOR— not by fielephone or telegram —before the tim� specified
in th� IVotice dnviting Bids for#he public apening of bids, this Proposal constitutes an
irrevocable offer for 60 calendar days after that da#e.
2. The ClTY has the righ# fio reject any or al( Proposais and to waive any irregularities
or informalities contained in a Proposal.
3. That fhe contrac� shall be awarded onfy by the governing body of CITY. Said
contract sha1E only be deemed awarded after the CONTRACTOR'S complete
submission ofi a!I contract documents, bortds, insurance dacumentation, and the
C1TY sha!! ob#ain all necessary signatures of the, governing body, af which time the.
contracf shali be deemed awarded. �
4. To submit #o CITY such information as CITY may require #o determine the Bidder's
financial sfanding experience and to perform the work. � . �
5. Tha# fihe accompanying certified or cashier`s check or Bid Bond constitu#es a '
guarantee that if awarded the contract, C4NTRACTOR will execute the Agreement
and deliver the required bonds and certi�cates ofi insurance within 10 days after
notice of award. If CONTRACTOR fails to execufie and deliver said documents, the
check ar bond is to be charged with the casts of the resultanf damages to CITY,
including but not limited fio publicatian costs, the difference in money befween the
amount bid and the amounfi in excess of the bid which costs CITY to do or cause to
be done #he work involved, lease and r.enta) casts, addi#ional salaries and overhead,
increased interest and cosfs of funding the project, attorney expense, additional
engineering and architectura{ expense and cost of maintaining or construction
alternate facifities occasioned by the failure to execu#e and deli��er said documents.
Page C-1
!t is understood that #he quantities shown hereon, except for those quantities marked
"Lump Sum", are estimates and the final payment wil! be based upon ti�e actua! work
performed, subject to suci� adjustment and alterations as elsewhere provided herein.
9 � ' ' ! N � � o �
1 Mobifization LS � $�'�aD,�- � oo��'—
2 Clearin and Grubbin LS 1 $ �.5�� $: ��'`o�
3 8" Concrete Berm LF 3,500 $Ii,7� $ D �a�
4 Remove and Re lace Concrete SF 850 $ J`,�,� � qaz.sp
TOTAL BiD PRICE $ 3a � .,S"o
The casts of any work shown or required in the Plans and Specifications, but not
specifically identified as a Pay ftem are inc(uded in the related Pay Item(s), and no '
additional compensation shall be due CONTRACTOR by virtue of CONTRACTOR'S
compliance with the Plans and Specifications.
iOTAL AMOUfVT BASE BID (N FIGURES $ %7'�_.3a�s�
T�TAL AMOUNT BASE BID IN WORDS...S�'c`d�T%!F�.P�ur��/.� 7.�.�P�'
-- --�
�'lJ.t.J.D�C� uJc--.r��SC/��"�!J,�c�G�hPl �1�v0 �ir�'�y C�"�t/�
IN W(TNESS WHEREOF C4NTRACTOR ex cu e this proposal as of date set forth on
Page C-1:
Signature
ifile: ��,J^/�DC-'.CJ� '� .
C�NTRACTOR
Attest by: �
No�ary Pubfic in � f i Counfy and State
Ti#Ee:
�
����
Page C-2
'6d�8�i�'����'FO ��7��H��SiC'O�� L�VR9�O�`�D��Yi���
- ,�.�- - - -:,r.v-�- -. . , - . .�. . . -ti. -- - -� r.-.- - - - - - - - -
State of California
councy a�v�cr-�d�
On � r efore me, ���C� � �� IC` ,
�ale Here Inser Na! me and i11e of fha Kcer
personaliy appeared �G�12�S iv��i ���
Hame(s)of Signer(sj
r
who proved#o me on the basis of satis#actory evidence to
be the person� whose name(�s`� is�a�e-subscribed to#he
within instrument and acknowledgeci to me that
'��� hefs�e{#+�e�executed the same in his/�authorized
Co�n#14�8b7,
� �y p,�.� capacity�iesj; and that by his��eir signature�on the
Rhrsr�d�Cour�p ins#rument the persor�f, or the entity upon behalf of
MyCarr�r+.�.lun�,2q1 which the person� acted, executed the instrument.
I certifjr under PENALTY OF PERJURY under fhe faws
of the State of California that the foregoing paragraph is'
true and correct.
WITNESS my h d and ic' al.
Signatur
Place Notary Seat Above e o Notary Public
OPTIOIVAL
Though the information befow is not required by law,it may prove valuable to persons relying on the document .
and could prevent fraudulent remova!and reattachment of this form to another document.
Description o#Attached Do�.ument
Title orType of Document: �tC1
Docurnent Date� �,.�f!1.1�(i�� �(�1(�'��',L � Number of Pages: � ••—
Signer(s)OtherThan Named Above: �
Capacity{ies) Claimed by Signer(s) • � �
Signer's Name:�A(Y1?� !V.�t�y�t L Signer's Name:
L7 Individual p Individual
�Corporate Officer—Titie(s}:�(�� ❑Corporate Officer—i"itie{s):
❑ Partner—� Limited ❑General ❑Partner—�Limited O General
❑ Attorney in Fact ° �� ❑Attorney in Fact a
� Trustee �oP ot thumb here ❑Trustee Top of thumb here
❑ Guardian or Conservator O Guardian or Conservator
❑ Other: ❑Other:
Signer Is Representing: Signer Is Representing:
o_ - ��- - _ - � � .� �.
02007 National Nolary Associalion•9350 De Soto Ave.,P.O.Box 24D2•Chalsworth,CA 91313�2q02•www.NationalNotary.org item N5907 Rearder.CalliaA•Free 1-800-876-6827
[rtforrrtation Required of Bidder
The bidder is required to supply the folfowing information. Additional sheets may
be attached if necessary. .
{1) Address ____��v�a�.��E"�ld�` ��S^, �"�Dlc�� C�, y��a�
{2) Telephone No. �7��� :3 y��2 �� y
(3} Type of Firm (lndividuai, Partnership or Corpora#ion) Ga������1�
(4) Corpo�ation organized undEr the laws of the State of G•9-������ _
(5} Cantractor's L9cense No. ...�q�� r�' Exp. Date �3/--����
Contracfor hereby swears under penalty of perjury that this information provided
is true and correct.
, � .r-----
By: � _ _. _�i Title: ��`���i(/�
Si nature Contractar
(6) L�st #ha names and addresses of a!I owners of the firm or names and tit{es of all ;
officers of the corp ati n:
�f^ / �������/ �1 [/fJ/ ����b� ,��'f/Q�,�iP(
��
�'.3�'o�l��ufv�",i,l� c�'3 d'al.%t��-.�v�"�� __..
.�iU��� y�aa/ �a�o� c.�, ���o/
(7) Number of years' experience as a Contractor in construction work �d`�.
(8} List at least three similar projects completed recently:
Contract Amount Class of Work Date Comple#ed Name, Address &
Tele hane No. of�wner
C'°'ar�G�PE�E G'�/ d F C"o�'c 4
��D, o oc� � ��o,��J- .�-=a�r o�' ,,�.-,�'s-- .r-,�.�-�s��.�—
' c'o.�c�'t-�C�, C'/�
F�(A� �`�'o� 3.S-D vZ,
2 ���5�"d a o� 6� �D�cR�i�'Y-�f" a2 a-a d.� Ci7Ji o!r" �.�7^�r-4iP� ��
c-v�/.f,J`r" -.�� - G�_7Da�yu�c-a�OAl.�lo Gd�.P.P�-k
p,���s �,���,����y�, ��
��a� -��o-a3Y'�
3 �o�cR E`�' Cr�y a��i�i �J/sJ!
/ ,DOD,�.�- //7cF0 isf�vr��D�� ���/S p� �d, .6a,e� f-s'o9
� j 97 ,���� �� 4u��-�aj ��
���a� 777 7D�4
Page D-�
(9) �.ist the names and addresses of each Subcontractor who wifl perform work in or
about the work impravement, arid indicate what portion of the work wiif be done by each
Subcontractor:
Subcontractor's Name: ���
License Number:
Address:
Telephone:
Work to be performed:
Subcontractor's Name:
L.icense Number:
Y
Address:
Telephone:
Work to be performed:
Subcontractor's Name:
License Number,
Address:
. . � ..
Telephone:
Work to be perfarmed:
(10) List fhe name of the person who inspected the site of the proposed woric for your
firm �`1/`.�� �, G's��PBc--.Q
{11) A fina�cial statement or other information and references sufficien#!y
comprehensive to permit an appraisai of your current financial condi#'son may be
required by the City.
Page D-2
Non-Collusion Affidavit
To be �xecuted by Bidder and Submitted with Bid
STATE OF CALlFORNIA)
) SS •
COUNTY OF RIVERSfOE)
�•�/yl�"" /u` Ki��-�-`�'� , bein irst duly�rn, depose���d
says that he/s�e is ,�/,�t,�—ivc—.0�'` ofQ��uD{,�,r�,�e�,7��a���� #he
party making #he foregoing bid, tha�the bid is not mad�e in the interest of, or on 6ehalf of
, ar�y undisclosed person, partnership,
company, association, organizatian, or corporation; that the bid is genuine and not
collusive or sham;,that the bidder has not directly or indirectly induced or soficited any
other bidder to pu# in a false or sham bid, ar�d has not �directly or indirectly colluded,
conspired, connived, or agr�ed with any bidder ar anyone slse to put,in a sham bid, nr
that anyone shalf refrain from bidding; that the bidder has not in any manner, directly or
indirectly, sought by agreement, communication, or conf�rence with anyone ta fix the
bid price of the bidder or any other bidder, or to fix any overhead, profif, or cost element
af the bid price, or of that of any other bidder, or to secure any advantage against #he
pubic body awarding the contract of anyone interested in the proposecl contract; that all '
statements contained in the bid are true; and, further, tF�at the bidder has not, direct[y or
indirect(y, submitted his ar her bid price or any breakclown thereof, or the contents
thereof, or divulged intormation or data relative thereto, or�aid, and will not pay, any fee
to any corporation, partnership, company, association, organization, bid depositarv, or
�o any m�mber or agent thereof to effectuate a collusive or sham bid.
Subscribed and sworn to, before me this�day of � , 200� ,
By:
Signature
Title: �.�C—�/�D G�',rJ%�� �
CONTRACTOR
�-.....
- _� _
Attest By:
Notary Public in a said County and State
Title:
��
. .5��' �'�
Page �-9
GALI�ORt+�IA .9�ARA7' 9�1'i"FI ,AFF'1�1h1T S°f'A`rEMEN`�
�F'�'.�15`—.�,c�C"_.r^C—,�l*-,n�r.�r,c-.?.�f'.s=r,�(f--.c-C"'�,a=t}:�c>�cfr,�.c-r.�K"—:�s`�",c—t^;c-�(r-.c�(`.c�n.5�`�--,cY�'-',�1�`—,c�r—,c-+�r—,c�tr".-,�C'r',FE`.�.�
J�See Attached Document(Notary to cross ouf lines 1-6 helow)
���See Statement Below(Lines 1-5 to be completed only by document signer[s], not Notary)
Sigrtalure of Document Signer No.1 Sfgnature of Dxumenl$3gner No.2(il any)
State of Cafifornia _
County of 'fi�\(�f S l�
Subscribed and sworn to (or affirmed) before me on this
� day o# 6 Ca� "G �, 20�, by
Date onth Year
�1> �m�.-� �, � ��`Y'f� ,
Name of Signer
��y� proved #o me on the basis of satisfactory evidence
C�#E 1676679 to be the person who appeared before me (.) (,)
� • Notaty Pt�llc-Cdii�rY�
Rtvers(de Cotttdy (an
MyCamrn.ExpireaJtm�.201 �2�
�
' ' � Name ol Signer
prove me o the i f satisfactory evidence
t e the perso w ap red be#ore me.)
Signatur
u ai Notary Puhlic
• . �
Place Notary Seal Above
�r Tfol tl/'1 L
Though the rnformatron below rs not required by(aw, rt may prove
valuable to persons relying on the document and could prevent � . � .
fraudulent remova!and reattachment of this form to another document. rop of thumb here Top of thumh here
Further Description of Any Attached Qocument ' - �
Title or Type of Dacument: � � � �"'�
' 1
Document Date: Number of Pages:
Signer(s)OtherThan NamedAbove: ����
02007 Natbnal Notaryl�ssociation•9350 0e Sato Ave.,P.O.6ox 2402•Chatsworth,CA 94313-2402•www.NationatNotary.org ltem#5910 Fiearder.CaII7ol1-Free 1�80p•8�6-6827
� �
�I����'� �C�ht� � ;
i
Ta�►c�om�ae�y Praposal
{CNaW ALL MEN BY TMES� PRES�NTS,
Th�f we, Dateland Cons�ruction Company Inc �S pl'inCip�l,
�n� Deve operty urety and Indemnity Company �g SUrELy, 81'� held and
firmly bound urtta tIie Ci�r vf Ra1m l�es�rt in fih��um of$ 10� af Bid Amn��ObJo of bid)
. to be p��d to �he said City or �s cerkain attam�y, Its stsccessars �rtd �$Signs; f�r wh��t� ;
payttient, welE and �ruly ta be made, w� bind �ur��lves� ��r iteirs, ex�cutors and �
�dministrators,successars ar assigns,jqin�ly and sev�r`�IIy,frmiy by these pres�nt�. �
THE Gar���TEoN oF TH�s c�s�,«aTioN f� sucM� that if�t� Gert�in prapasal of fihe .
above baunder� principal to per�orrn cerf�in wor[c.desc�ib�d as fol�aws:
Tt�e general items af wark to I�e done nereunder cansist of: M�F�fliz�tion,Tra�FFic Confirol,
Clearing �r�d Gtubt�ing, Protectivn�of Gonsfiruction �one from Wate�, lns�ll�tidn af
G�ncr�te Berm,and Remvv�l�Ctd replacement o�Concrete,
'Y
and dated August 5,2007 is �ccepted by the City of Palm+ ��sert,
and if the above bounden principsi Dateland Construction Company Inc shall
duEy enter into and �xecute a �ontract fQr such construefian� �nd sha(l exec�ate and
deliver t�e I'�r�arm�r,c� B�nd and Payment Bond and insu�ance certificates as required
by said contr�c�, then tt�fs Qb[igation shalt became nuil arsd vaid; at�sn�vi�� �t sha(i be
�nd remain in�Fuli fvrce and effe�t. ,
ShQuld it b�com� necessary for the City to institufie. a lawsuif. or any c�ther {egal
�rpceedin� ta enforce the �3t'CrtS �nd candi�fons Of fhis band, then �!f Gq�ts �f said
proceeding, includir�g attomey's fees, s��tll k���warded to the pr�u�ilir�g party.
. . �
� Page F-1 .
IN W17'NESS WH�R�aF,We heretanto set our Hands and 5eal�this 29th day
of Ju].y 20 08
Ganfrac#vr's E�ame: Dateland Construction Company Inc
Cantractv�'s Signatur�: �v
Titfe:
James N ich t President
Add�eSs: 83802 Ave 45, Indio, CA 922p1
Tele�hone: �60 342 2999
�
5U1'8f�1'5 N�ITTB: �evelopers Surety and Indemna.ty Company
�-�C.�� � `
Surety's Signature: �
Ti�le: biane M. Nielsen, Attorney in Fact
Addrass: 177$4 Fitch #�200 Trvine CA 92614 �
Telephone: 800 782 1546
. . ,�
� Page�F-2
CALIFORNIA �,,L�.-PIJRROSE �lCfL�a9�WLED� El�1`�"
- ,.�.. _ _ .,�,_ .- - - - -,--c-- .,-.- - - - -,;
_�,_ �,_„
State of California
County of �l1IVCLfS[ �
On �L� before me, ��,(��1/�i�1(( / -f't.(U�!C�. ,
Dale _ re Insert Name and ide of 1he Officer
personally appeared N. t
Name(s)of Signer(s)
who proved to me on the basis of satisfactory evidence to
be the person�) whose name�) is/�e-subscribed to the
within instrument and acknowledged to me that
h�e,�e�executed the same in hi��r authorized
, ,w1�ctayroR capacity�s}, and that by his/�e�aei�signature� on the
Comm�aton�t6�6673 instrument the personfa'j, or the entity upon behalf of
� ,; ntat���C� which the person� acted, executed the instrument.
�'�d�'��'��'�� I certify under PENALTY O�' PER,IURY under the laws,
of the State of California that the foregoing paragraph is'
� true and correct.
WI7NES5 my h ,an offici al.
f
Signatur
Place Natary Seal Ahove Si ot otary Public
OPTIOiVAL
Though the information below is not required by law,it may prove valuable to persons relying on the document
and cauld prevent fraudulent removal and reattachment of thrs form to another document.
Description of Attached Do��nent
Title orType of Document: �, lL i'�1
Document Date:__��S�_ '�j' �2�� Number of Pages: G-
Signer(s}Other Than Named Above: � /-�-}�L. `1 �1¢��
Capacity(ies} Cfaimed by Signer(s) � �'
Signer's Name:�.Xa'�Y`Q�.S �.-Ktn��� Signer's Name:
❑ Individual _` ❑ Individual
'� Corporate OfFicer—Title(s):.. 1G1�� ❑Corporate Of#icer—7itle(s}:
0 Partner—O Limited 0 General ❑Partner—l� Limited ❑General
❑ Attorney in Fact • �� ❑Attorrtey in�act � � •
� Trustee Top of thumb here p Trustee Top of lhumb here
O Guardian or Conservator ❑Guardian or Conservator
O Other: ❑Other:
Sig er Is Repr. enti g: • Signer Is Representing:
Q� a
�,-�.
_ _ - - _ _ _�� �- _ _ �. - _
m2007 Natbnal Notary Association•9350 De Soto qve.,P.O.Box 2402-Chatshvrth,CA 91313-2402•www.NatEonalNatary.org Item fF5907 Reorder.Call Tdl-Free 1•800-876-6827
POW�R 4F ATTORNEY FOR
AEVELOPERS SURETYAND IN6EMNI'fY COMPANY
INDEMNITY COMPANY QF CALIFORNIA
PO Box 49725,IRUINE,CA 92623 (999)263-3300
KNOWALL MEN BY THESE PRESENTS,that as except as expressiy limited,DEVELOPERS 5URE7YAND INDEMNITY COMPANY and INDEMNITY COMPANY OF CALIFORNIA,do
each,hereby make,consGtute and appoint:
***Ann Willard, Diane M. Nielsen, Van G. Tanner, Paul W. Lewis, Sal C. Sandoval, Mathew S. Costello, jointiy
or severally***
as their kue and lawtul Attomey(s)•in•Fact,to maka,exeatte,deliver and acknawfedge,for and on 6ehalf of said corpaations,as sure6es,bonds,undertakings and conUacis of surety-
ship giving and grantmg unto said Attorney(s)-in-Fact fu9 power and authority!o do and to pedorm every act necessary,requisite or proper to be done in connection lherewilh as each of
said corporations could do,but reserving to each of said corpora�ons fuli power o(suLstitution and revocatian,and afl af Ihe acts af said Aaorney{s)-in•FacE,pursuant lo these presenls,
are herehy ratifed and confirmed.
This Power ai Attorney is granted and is signed by facsimile under and by authoriry of the following resolubons adopted by the respecCve eoard of Directors of DEVEIOPERS SURETY
AND INDEMNITY COMPANY and INDEMNI7Y COMPANY OF CALIFORNIA,e#(ective as of January ist,2008.
RESOLVED,that the chairman of the Board,the President and any Vice President o!the carporation be,and that each o!fhem Dereby is,autharized to execute Powers of
Attomey,qualifying the attomey{s)named in the Powers of Atlorney to execute,on behatf af the corpora6ons,bonds,undertakings and contracis of suretyship;and thal tha Secretary or
any Assistant Secretary of ihe corporaGons be,and each of them hereqy is,authorized to attest the execu6on of any such Power of Attarney;
RESOLVER,FURTHER,that the signatures of such officars may be affixed to aay such Paver of Attorney or to any certificale rela6ng thereto by facsim�e,and any such
Power o(Attaney ot certificate hearing such facsimile signalures shail he valid and binding upon the corporaUons when so aifixed and in the�future with respect to any bond,undertaking
or contract of suretyshfp to which fi is attached.
IN WtTNESS WHEREOF,OEVELOPERS SURETYAND INOEMNITY COMPANY and INDEMNITY CQMPANY OF CALtFORNIA have sea'era�y caused these presents to be signed hy
iheir respective Uce President and attested by Uteir respecGve Assistanl Secretary this January 1 st,2008.
�lll�f�Il�l/���,, Y
gy' •°��,��..AND�,ya,., MpANY�
Slephen T.Pate,Senior Y�ce President =,=yJ�4oap0�,�1�4�.y;' �G pQPOqq�,9
ea: QCT. '�t= 12U �p{•-
z OCT.S Y'
BY� =o i 19 3 b i�q= W 1387 ,�
Chades L.Day,AssistanE Secretary ;?s'�.•, �aw a ��aa:� flti Cq���o���Q:a�
r
Slate oi CaGfornia ���,„„*", ���• *
County of Orange ������"`��"����"','
0� January 1 st,2fl08 before me, Christopher J.ftoach.Hotary Aublic
Date Here Insert Name and TiUe of the Officer
personai4y appeazed Stephen T.Pate and Charles L.Day
Name(s)of Signer(s)
who proved io me on Ihe basis of satisfactory evidence to be the persan{s)whose name(s}islare subscnbed to
the within instrumenl and acknowledgeQ to me thal hefsheJthey ezecuted the same In hislhedtheir authorized
M,,, CNRIST'�P�{ER J.fl{)ACH� capecity{les),and lhat by hislhedlhdr signalure(s)on Ihe insUument the person{s),or the entity upon behal(of
which the person(s)acted,execuled Ihe insWment.
�, � Cl7MM.#1 T45938 �
� N07ARY Pt1BLlC CAL(FORNIA� I certify under PENALTY OF PERJURY under ihe laws of lheState oi Califomia ihkt the foregoing paragraph Is -
pRANOE CQUNTY � true and correct.
�My oomm.�fres May 19,20t 1
��'"�" WITNESS my hand a�d offi ial sea�.
Place Notary Seal Above Signature
Ch' er J.Roacfl
CERTIFICATE
The ursdersigned,asAssistant SecreWry,oi DEVELOPERS SURETY AND INDEMNIIY COMPANV and INDEMNiTY COMPANY OF CALIFORNIA,daes hereby certify
Ihal ihe toregang Power ofAttomey remains in(ull force and has nat heen revoked,and turihermore,ihat the provisions of tl�e resofufions of►ha respective Boards oi Oirecto�s ot said
corporatlons sei forth in the Power ofAttorney,are in tarce as of the date of this Certificale.
This Certificate is executed in t�e City of Irvine,Califomia,Ihep�day oF ��� ���
1
By:
/`�AlberiHiltebrand,Assislant ecretary
I D-1380(Wet)(Rev.07107)
STATE OF CALIFORNIA
}
COUNTY OF RIVERSIDE
ON ` � ,BEFORE ME, LINDA ROCHA, Notary PubIic
PERSONALLY APPEARED: Diane M. Nielsen
Who proved to me on the basis af satisfactory evidence to be the person (s)whose narae(s)islare
subscribed to the within instrument& acknowledged to me that he/she/they executed the same in
his/her/their authorized capacity(ies),and that by his/her/their signatures{s) nn the ir�strurnent the
person (s),or the entity npon behalf of which the persan (s) acted, ez�ecuted the instrument.
I cerhfy under penalty of perjury under the laws af the State of California that the foregoiug
paragraph is true and correct.
WITNESS my hand and official seal. ���p� ���
Commfttion� i 7979�2
° ;" � Notary Pub1lo-CqiiPomla �
,, / Rlveraido Couniyr
Signatur� L/1G�-r G���`�C�., �vConm.e�t�ava�2oi7
�nda Rocha, Notary
� . .�
ALL PURPOSE ACKNOWLEDGMENT