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Home My WebLink AboutC27370A Mesa View Curb Ramp Retrofit 638-08REQUEST: CITY OF PALM DESERT PUBLIC WORKS DEPARTMENT STAFF REPORT Award Contract No.C27370A to Contreras Construction Company, of Indio, California for Construction of the Mesa View Drive Curb Ramp Retrofit Project (Project No. 638-08) SUBMITTED BY: Mark Greenwood, P.E., Director of Public Works APPLICANT: Contreras Construction Company 81-149 Indio Boulevard Indio, CA 92202 DATE: June 12, 2008 CONTENTS: Vicinity Map Contract Agreement Contractor's Proposal Recommendation: By Minute Motion: 1. Award Contract No.C27370A, in the amount of $47,000.00, to Contreras Construction Company, of Indio, California for Construction of the Mesa View Drive Curb Ramp Retrofit Project (Project No. 638-08); 2. Approve a 10% contingency in the amount of $4,700.00; and 3. Authorize the Mayor to execute the subject agreement. Discussion: At the March 13, 2008 City Council Meeting, the Council authorized staff to call for bids for the repair and resurfacing of Mesa View Drive. By law, when a street is going to be overlaid, the pedestrian facilities must be upgraded to current ADA standards. In keeping with that law, this contract will bring twenty ramps up to standard. Award Contract C27370A to Contreras Construction Company Page 2 of 2 June 12, 2008 On May 27, 2008, sealed bids for the project were opened and read aloud. The following is a summary of the bids received: Contreras Construction. Topo Construction Simon Contracting JH Thompson and Sons IPS, Inc. Westcon Construction JDC, Inc. Dateland Construction Elite Bobcat Service. Indio, California Thousand Palms, California Indio, California Bermuda Dunes, California San Bernardino, California Indio, California Rancho Cucamonga, California Indio, California Corona, California $47,000.00 $58,940.00 $63,960.00 $71,750.00 $75,500.00 $75,975.00 $78,250.00 $85,140.00 $91,000.00 As illustrated, Contreras Construction Company, of Indio, California, submitted the lowest responsive bid in the amount of $47,000.00. Funding is available for this project in the street resurfacing account (110-4311-433-3320). Therefore, staff recommends that City Council award Contract No. C27370A in the amount of $47,000.00 (plus a 10% contingency) to Contreras Construction Company for construction of the Mesa View Drive Curb Ramp Retrofit Project (Project No. 638-08), and authorize the Mayor to execute the agreement. Fiscal impact: After the initial outlay of $47,000.00, the ramps will require virtually no maintenance over the next 25 years. Prepared Ry. Gayl P e ect Adinistrator Approva `Homer Cro ACM for Devepment Services Carlos L. Orte City Manage Depa r t, ead: Mark Grenwood, P.E. Director of Public Works Paul S. Gibson Director of Finance iskYC Q._ J '2° cr) o 11 • . r-i z,is c O 1-i - H • • H• Ct4 G:1Pub Works\Staff Reports120081June 12120 Award contract Contreras Construction Mesa View Drive curb ramp retrofit 638-0814ward ContrlIcRtr Gras : lay 1t 0 638-08.doc •• Fr H E-+ • U U :J: Q 0WQ Agreement THIS AGREEMENT is made and entered into this 12t" day of June, 2008, by and between City of Palm Desert, California, hereafter called "Owner" and Contreras Construction Comqanv hereinafter called "CONTRACTOR". WITNESSETH RECITALS: CONTRACTOR has submitted to Owner its CONTRACTOR'S Proposal for the construction of Owner Project, Mesa View Drive Curb Ramp Retrofit Project, PROJECT NO. 638-08, CONTRACT NO. C27370A, in strict accordance with the Contract Documents identified below, Owner has accepted said Proposal. 2. CONTRACTOR states that it has re-examined its CONTRACTOR'S Proposal and found it to be correct, has ascertained that its SUBCONTRACTORS are properly licensed and possess the requisite skill and forces, has examined the site and Contract in accordance with the Contract Documents for the money set forth in its Proposal to be paid as provided in the Contract Documents. AGREEMENT: IT IS AGREED BY THE PARTIES AS FOLLOWS: Contract Documents: The entire contract consists of the following: (a) The Agreement; (b) The Notice Inviting Bids; (c) The Instruction to Bidders; (d) The CONTRACTOR'S Proposal; (e) The Bidder's Bond; (f) The Performance Bond; (g) The Payment Bond; (h) The General Specifications; (i) The Special Provisions; (j) The Standard Specifications as modified in other portions of the Contract Documents; (k) The Plans; (I) Addenda No. 1; (m) The Determination of Prevailing Wage Rates for Public Work; (n) Any Change Orders issued; (o) Any additional or supplemental specifications, notices, instructions and drawings issued in accordance with the provisions of the Contract Documents. All of said Documents presently in existence are by this reference incorporated herein as if here set forth in full and upon the proper issuance of their documents they shall likewise be deemed incorporated. Z. 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) cafendar 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. c. 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. d. 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. 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 pageJ CONTRACTOR: BY: Signature to be notarized TITLE: OWNER: BY: Signature to be notarized TITLE: Mavor of Palm Desert, CA APPROVED AS TO CONTENT: MARK GREENWOOD, P.E. DIRECTOR OF PUBLIC WORKS ATTEST BY: TITLE: ATTEST BY: TITLE: City Clerk of Palm Desert, CA APPROVED AS TO FORM: DAVID J. ERWIN CITY ATTORNEY Performance Bond KNOW ALL MEN BY THESE PRESENTS: That whereas the City of Palm Desert has awarded to Contreras Construction Companv hereinafter designated as the "Principal", a contract for: Mesa View Drive Curb Ramp Retrofit Project PROJECT NO. 638-08 CONTRACT NO. C27370A 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, Contreras Construction Companv 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 Fortv-seven Thousand and no cents Dollars ($47,000.00), 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. 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 I:�'� INSURANCE COMPANY and/or AGENT ADDRESS TELEPHONE NUMBER Payment Bond KNOW ALL MEN BY THESE PRESENTS: THAT WHEREAS, the City of Palm Desert (sometimes referred to hereinafter as "Obligee") has awarded to Contreras Construction Comqanv (hereinafter designated as the "CONTRACTOR"), an agreement dated June 12, 2008 described as follows: Mesa View Drive Curb Ramp Retrofit Project, PROJECT NO. 638-08, CONTRACT NO. C27370A, (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, Contreras Construction Comaqnv , 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 Fortv-seven Thousand and no cents Dollars ($47,000.00), 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. The Surety, for value received, hereby stipulates and agrees that no change, e�ension 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: Contreras Construction Company (Typed Name of CONTRACTOR) (Typed Name of Surety) By: (Signature) : (Signature of Attorney-in-Fact) (Typed Name and Title) The rate of premium on this bond is $ The total amount of premium charged: $ (the above must be filled in by corporate surety). (Typed Name of Attorney-in-Fact) per thousand. 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 representative for service of process in Califomia if different from above) Legend MESA VIEW DRIVE PAVEMENT Pavement - 235,788 Sq Feet Medians - 34,961 Sq Ft �e��tE��:��'� t=�N��c��,� lV�� 9�ev� �r��v� G��rf� �arnp �2et�e��it �ro�� F'r�j�ct ��o. G3��•0� �ontrack f�o. C27370t� ' TO: CITY OF PRLM DESERT, "Owner" � DATE: ,_,��C�l,.,f � � c�-�� - — T BIDDER: �o�V��vC�'i�f�.� C��L�LS�-{Z`% C�vv� � "CONTRACTOR" � ' The UNDERSIGNED, "CONTRACTOR", having carefully examined the site and the Contract Documents for the construction of, Mesa View Drive Curb Ramp Retrofit � Project, Project No. 638-08, Contract No. C27370A, hereby proposes to const�uct the work in accordance with the Contract Documents, including Addenda No(s). l for the amount stated in this Proposal. 1 � By submitting this Proposal, CONTRACTOR agrees with Owner: I1. That unless withdrawn in person by CONTRACTOR or some person authorized in writing by CONTRACTOR- not by telephone or telegram - before the time specified I in the Notice Inviting Bids for the public opening of bids, this Proposal constitutes an i 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 Ior informalities contained in a Proposal. 3. That the contract shall be awarded only by the goveming body of OWNER. Said � contract shall only be deemed awarded after the CONTRACTOR'S complete submission of a(I 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. I 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 i 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. I � Page C-1 i(i��3'•i/!IU^ (�7 St 'i;'�� «� OS-i'. '0�0 , /:+ CITY OF PALM DESERT CALIFORNIA ADDENDUM NO. 1 Mesa View Drive Curb Ramp Retrofit Project PROJECT NO. 638-08 CONTRACT NO. C27370A ISSUED May 14, 2008 � BO CHEN, P.E. CITY ENGINEER ___ IMPORTANT NOTE: RECEIPT OF THIS ADDENDUM MUST BE ACKNOWLEDGED IN CONTRACTOR'S PROPOSAL ,�. .. i iii'i�; C2 :�i ��i�� i�� Oi, 'i . `_110: '!' ��"hi� �„�de��(�UfFt �GG�<S �O C;I2f Ify c� fC�N i�SU�S. 1. f�o��e of the concrete to be �ased will be calureci r,oncrete 2. I�or bidding purposes on line items 4 and 5, when a ramp is to be removed, contractor sliould plan to sawcut the spandrel along the curb face. If the City determines that a portion of the spandret needs to be removed, it will be paid for out of a separate line item. Removal of spandrel will not be paid for out of line items 4 or 5. Sidewalk removal and replacement necessary to meet the grade requirements of ADA are still a part of line items 4 and 5. 3. Please replace page C-2 with the attached page C-2 revised. i(�(,:� i'i r0��s q? `,>I ,. j, i�i 0:;-. ?n0,` / li is uridersfoac� Ehat Yrie yuantiti�s shov�rn hereon, excEpf for tYiose guanti'ties rriar(ced "Lu��np Sum", are �ut estimaYes and the final paym�r�t will be based u�ori the actual work performed, subject to such adjustinent and alter«tions as elsewhere provided herein. � � ' - • 11 � • • � _ � i . .E_ S t J. . ' Y!� � .� 1 3 �y a-k. . -F�� . .��' � ti. `I . vcY.13:.,_a.F.�:'� Y.�� 1�= ��?; � -�.{'�: v= ..,- `.��..:�� ;'•�� f-�t. ,s k> ..R�°n.` . 1 Mobilization LS 1 $� °� $ �� .- ' - i 2 Traffic Control LS 1 $ � u% $ % �- i 3 Clearin and Grubbin LS 1 $ , :� $ � � 4 ADA Compliant Concrete Curb Ramp EA 3 � ,� 2007 CBC Standard Case E � ��1?.� �-- ADA Compliant Concrete Curb Ramp EA 5 2007 CBC Standard Case C 16 � aj � � 6 ADA Compliant Concrete Curb Ramp EA � $ �.� $ � Truncated Domes onl �70L. � 7 S ecial Services LS 1 $ 10,000 $ 10,000 $ $ $ $ $ $ $ $ -- $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ � TOTAL BID PRICE �L • C-2 revised 1 f-�� cosfs of a��y vvo��k show�� or requirpd in tf-�� F'lar�� a�ld Specifications, i�ui nc�i s�cciiicaify iaerrzified as a f'ay ft��7� ��e i��cluded ir� fhe ,�efatEd F'ay I�ie�}'�(s}, a��c� ��o addifional compensation shall be due COR!TRRC!OR f�y virtu� of GOE��TR!-�GT�F:'S compli�nce with the Plans and Specifications. � C.��-`.-� TOTAL AMC�UNT BAS�. BID If� FIGURES $� �`� �:.��C.? • TOTAL AMOUNT BASE BID IN WORDS V"��`�-� � `�`..��,�::�-�� i�� ``��I� ��.�-c�:c.�L� � Gc v� �.�. `�..��(�� `C Yr,�-� � IN WITNESS WHEREOF CONTRACT�R execute is pr osal as �date set forth on � Page C-1: � , BY�,. �, � � � Signa ure � r Title: � CONTRA T R , � � Attest by: �- �1 �-�G�� Notary Public in and fo sai ounty and S�ate �k';v.¢�a�� r c�l� , Title: �' /� � C � I � ` ,: . s,arM,w�o�� nes�e 1 MoM�lr h�e�a-caNwnwo � � ,��►�: � '� i � � � � � � , Page C 3 6so��e�E•��:h��E�� c�€��f�E•��a �� f��:��F� "i he bidder is ��equired to s��p�ly ihe following in'rarj7�ation. Additio��l si��e�t� n�ay � be aftached if necessaiy. (1) �ddress ;;�`��.��-� �1r�a��; �z�l�c� -�_ ��e2�,r�i�C,' f f.3. `F� -) �. ��-�- ,,�Y (2) Telephone No. �i'li�:�(`, �) A��-J'� " �C:� �7(S (3) Type of Firm (Individuai, Partnership or Corporation)l6;lY'�1Y��,��f<,�,'��. (4) Corporation organized under the laws of the State of� ;� .[c �t�'YL i �.. � / (5) Contractor's License No. �S �7(p �� Exp. Date � � ! ° `� Contract ereby swe rs under pen y of perjury that this in ormation provided ' is true correct. � By� � Title:� � � S' atur ontractor � (6) List the names and addresses of all owners of the firm or names and titles of all o�cers of the corporation: i ; � • ' /1 �;n c-,c�•�:C>_ co . ��Yl^�icPitt.�,S � n�Piv, � • C��j/j'�� -:�`7�S' �rPj,c�`��r pr• '-i_�� fQ �d '�f►'1t�S �• �v�-lib . c` 1�- ��fa� �-`r? r� i C k�- G1�aU f � (7) Number of years' experience as a Contractor in construction work� � (8) List at least three similar projects completed recently: Contracf Amount Class of Work Date Completed Name, Address & f Tele hone No. of Owner � 1.��L�b� , .c+E' C'v-�b � t` f��7 c i f' C,c.��'+� l I 2 1�� dt�- �S ( c� '� �C�7 d� (� � 3• � �t,�.hd.�t,�icµ-� � � � � i � Page D-1 (�) L.�si if�tc r��ames ai�U aadees�e-� ot eaci� �ubco��tracio�� who ��vili pe�ior�m v�rof��k i�� t�� I��ai i{-��. v�ro��k i��provei��e�-it, U�id ir�a'ic��ie ��vl-►Gf E3ariio�� oi�t�� v�ro��l: t��ilf k�� dor�� I.�y ��ci�� Subcontractor: �€.E�c�r1t.��ar'� t��a��:_ . �_._. _._.— T .�..___._ License f�lun�ber: �� G�:`..�_..� � �-� �- - Address:��` ( �`� � - .� _� .-1 Telephone: ; Work to be performed: Subcontractor's Name: i � License Number: Address: � � Telephone: iWork to be performed: I � Subcontractor's Name: License Number: I � Address: � Telephone: � Work to be performed: (10) List the name of the person who ins ected the site of the proposed work for your firm v -`,-�- (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 ��rr��z�ffr��i�� ;�oca�:�rE� 6��t G3� ��;�c:��:�c� �J� �E(��F:€' �EGf� ��bS�St�f?�! I�FiIf�'i ��ae.� �T�aT� QF C;l��_I�C�RNB�) ) �� COUNTY OF' f�tl�fERSfDE) �� .e� r- �, c��1t'� L<. (�r.��,°�`f'E�YU�� , being first duly sworn, de oses and says that he/she is �r-e,S', c�r>.�- _„ of Ces�n.�fr�,, �,`�;,�� . iy •, the party making the foregoing bid; that the bid is not made in the interest of, or on behalf of any undisclosed person, partnership, company, association, organization, or � corporation; that the bid is genuine and not collusive or sham; fhat 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 j 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 biddec or any other ibidder, or to fix any ovefiead, profit, or cost element of the bid price, or of that of any other bidder, or to secure any advantage against the pubic body awarding the contract � of anyone interested in the proposed contract; that all statements contained in the bid are true; and, further, that the bidder has not, directly or indirectly, submitted his or her bid price or any breakdown thereof, or the contents thereof, or divulged information or data relative thereto, or paid, and will not pay, any fee to any corporation, partnership, � company, association, organization, bid depository, or to any member or agent thereof to effectuate a collusive or sham bid. ± Subscribed and swom to, before me is�day of , 20�_, � i B ' ��' Signature i , , Title: 1 � ONTRACTOR � � ; Attest By: �' L�� s �;�� ' Notary Pub c i nd for said County and State <r�-'�c%rs.��e, c�/�� i / I Title: � G'�' G'��rG � � � ` co�lp�on� t�tN� � �� Page E-1 1'i�eHl.'tt.sYi! vro�+��l.: i�r-. �_t;c.:�l :iri•�.�; %�� r_ 1'e,-� ori��,:ice )ionu.. I:��E��f;-��'.6�f�i l�,i�C�'�1i�F�1 `�� .c;c�aox�p�r�� r�i��a�� KNC}W I�LL hh�f� E3Y 7'HF�SE Fy1=��f�TS, �hat Wg, Contreras Construction Co �m a� pnncipal, and Developers Surety and_Indemnity Company _ __aS SUfG'�y, ar� h6�C� and firmly bound unta the Ciiy of Palm �esert in the surn of$ lo% (10% af bid) tp be paid to �he said Owner o� ifs certain attorney, its Succass�rs and as$fgns; for which payment, well and truly to be made, we bind ourselves, our heirs, executors and adminisfirators, successors or assigns,jaintly and severally, firmly by#hese presents. THE CONDlTIC7N �F THIS �BLIGATION IS SUCM, thaf if the certain prop�sal of the above bounden princip�l ta perfarm certain work described as follows: 7h� general ifems of work to be done hereunder consist of: mobilizatian, traffic control, saw�cut of concrete, removal of cc}ncreta curb r2�rrtp and sidewalk, canstruction of � concrete curb ramps and sidewalk,, and dated _ _ is accepted by the City of palrn Desert, and if the abave bounden principal Contreras Construction co shall duiy enter info and execute a contract far such cottstr�tction, and shaN execute and deliver the Parformance Bvnd and Payment Bond and insurance certificates as required by said contract, then thfs obligatian shall become null and void; athetwise it shalf be and remain in fuil force and effect. � Should it become necessary f4r the ownsr to ir�stitute a lawsuit, or any other legal proceeding tu enfarc� the terms and conditions of this bond, then al! costs of said p�ocoeding, including attomey's fees, shall be awarded to the prevailing party. Page F-1 � 11�f ,r'��I'i'i�lC�� 1ft�!�i=�:�=��=, VVc� h�E�:��i��ia sef o��r Fi�n«s �r�c� `�;,al� '�hir� ��t�__ .. ��i� o; t�2a� ._�_ . . _ .__ -_--?_0 0� _—^. C:UN�'�;FlCTC7RS �at'Tia: �n re�ras Constr;uction, Co / _...�.��/ /, ..�..-� , „ ,. /j �,�-�.-�-f � C;qN�'I�ACTQR'S Sign�ture:_ -��i�? ' �` � %� ? �.L� -/ .._r ---- r ` ..i n � j/ � —��`r��f . ��e. �JI �_11��_. 4� � �, -t - ----- --- — . Address: sS( — 1�(�.,� :�v�.c�+1 C� �, l�C� - _r Telephvne;�� c��7 -- �Q ��?_ Surety's Name: Developers Surety and Ir�demnity Company Surety's Signature: Ann wiilard � Title: At torney-in-Fac t Addrass: 17780 Fitch, Trvine CA 92614 Telephone: (949) 263-3300 Page F-2 - - - - - _ - - . . _ _ -- -. i _ _ � i I^ I � I y: � i ;; ��Evf.� eSf C:��.ii�;�tx�i� � � i �� "� :� �runs:�J c�f RiveYsic�e '. ; " �i)n R�ay 16, 200�4, before me, Raync�n Caclos I�iaz �Notayy 13ublic , �aersonaliy /y� ;; , appc�red F.��f•i�ue G. Contreras ' Petsonally known to me, or �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 �� R � acknowledged to me that he/she/they Co�hA�NM�n# 17iNi1i executed the same in his/her/their authorized � �C�C��O � capacity(ies); and that by his/her/their � w�� signature(s)on the instnunent the person(s), or the entity upon behalf of which the person(s)acted, execut the instrument. WITNESS my hand o�`cial seal. �,,, OPTIONAL Description of Attached Document Title or Type of Document: Bid Bond(City of Palm Desert). Document Date: OS/08/08 Number of Pages: 2 Signer or Other than Name Above: Signer is Representing: Contreras Construction Co. Capacity(ies) Claimed by Signer Signer's Name: Individual Corporate Officer-Title(s): Partner- Limited- General Attorney in Fact Trustee Guardian or Conservator Other �;'k'�;.'L''�; �J�I;�' �'�a��F�+'�I��1�1�� ;��Ji�o1"�'1' �A�' I�A��',&��I�� ' `�r�T ��k� � /� �y� p��; �/�p� y77��p� !'��i �,T i lll`l ��IYU� y 1�D.9'�F�I�J`. lV'AF, b�&1tlE1� ��!_,Sd�q 1rOt`a��'� d)�9�IEC PERSONALLY APPEAREll: Ann Willard who proved to me on the basis of satisfactory evidence to be the person whuse name is subscribed to the within instrnment & acknowledged to me that she executeci the same in her authorized capacity, and that by her signatures on the instrument the person, or the entity upon behalf of which the person acted, executed the instrument. I certify under penalty of perjury under the laws of the State of California that the foregoing paragraph is true and correct. WITNESS my hand and official seal. �� CoNNnMNon# 177�9�Z # ��Ws Co�CaHforMa � Signatur : � ' ��'�� Linda Rocha,Notary ALL PURPOSE ACKNOWLEDGMENT �'�nU.�ILP I.lf NrI I�i.l�i�i��-�1i�� D�Vt:LOFL-CS SUI:cTI`6',fdU li!Dl�i:�(�Ill'i:OhiiPP.f�!`�' Ii�UFfl�ih!I i Y GUP,�1P�;I�Y OF C;:LIFOItf�l.<: PO Box 19725,I�VIfJ�,CN S2u23 (S4°)2u3-330U ICI�01�'ALL F,�,�(J El'7HESE PRcSENTS,thaf as exr.en,as er.pressly limited,DEVEI_0^F.RS SURETY F,ND IIJUEP�4NITY COIv�'F;PJ"and IiVDFMNITI'COi✓PAJ�!Y 0�Cf;UfORIJIk,o0 each,hereby n�al;e,cons6tule and appoint: � ��TAnn Willard, Uiane M. IVielsen, Van G. l"anner, Paul 1N. Lewis, Sal C. 5andoval, Mathew �. Castello, jointly or severally**'�` as their true and lawful Attorney(s)-in-Facl,to make,execute,deliver and acknowtedge,for and on behalf of said corporations,as sure6es,bonds,undertakinys and contracts of surety- ship giving and granting unto said Attomey(s)•in-Fact full power and authority to do and to perform every act necessary,requisite or proper to be done in connection Iherewith as each of said corporations could do,but reserving to each of said corporations full power of substitution and revocation,and all of the acts of said�ttorney(s)•in-Fact,pursuanl to these presents, are hereby ratified and confirmed. This Power of Attorney is yranted and is signed by facsimile under and by authoriry of fhe fdlowing resoluGons adopted by the respective Board of Directors of DEVELOPERS SURETY AND INDEMNITY COMPANY and INDEMNITY COMPANY OF CALIfORNiA,effectfve as of January 1st,2008. RESOLVED,that the chairman of the Board,the President and any Yce President of the corpaation be,and that each of them hereby is,authorized to execute Powers of Attomey,qualifying the attomey(s)named in the Powers of Attorney to execute,on behalf of the corpora6ons,bonds,undertakings and contracts of surelyship;and that the 5ecretary or any Assistant Secretary of Ihe corpora8ons be,and each of them hereby is,authorized to attest the execufion of any such Power of Attwney; RESOLVED,FURTHER,that fhe signatures of such office�s may be affaed to any such Power of Attomey or to arry certificate relating thereto by facsim�e,and any such Power of Attomey w certificate bearing such facsimpe signatures shall be valid and binding upon the corporations when so affixed and in the future wffh respect to any bond,undertaking or contract of surerysh(p to which it is attached. IN WITNESS WHEREOF,DEVELOPERS SURETY AND INDEMNITY COMPANY and INDEMNITY COMPANY OF CALIFORNIA have se�erally caused these presents to be signed by iheir respective Vice President and attested by their respecUve Assistant Sacretary this January 1st,2008. B M�„..�,.�,,.;,ti PAN Y ar+v , r ,�•°�� ... ..,,ao••.,, pM o�. Stephen T.Pate,Senia Vice President =yJ��PORqT'F`�y=, ��' OQp�Aq�.�'y _�:4 QCT. � �46 Z 2�OCT.S t<` f O -� By� Charles L.Day,Ass(stant Secretary �90��,� 19 3 8 �D?� � � 19H7 P = �730,�OW P,,.�,�, ra '1'i q�lFOP�� a` State of Cafrfomia �`'�,,,��*�„„��`'� * County of Orange On January 1st,2008 before me, Christophet J.Roach,Notary Public Date Here Insert Name and Trtle of the Officer personally appeared Stephen T.Pate and Charies L.Day Name(s)of Signe�(s) who proved to me on ihe basis of saGsfactory evidence to be the person(s)whose name(s)islare subscribed to ��` the within insWment and acknowledged to me that helshelThey executed the same in hlslherRheir authorized ��$�� capaary(ies),and that by his/herltheir signature(s)on the InsUument the person(s),a the entity upon behalf of which the person(s)acted,executed the instrument. � COMM.�1746939 �� I certl(y under PENALTY Of PERJURY under the laws of the State of Califomia that the foregoing paragraph is � +��` true and corcect. oon�at.eaqArea 19,2011 WITNESS my hand and o 'al seal. Place Notary Seal Above SignaNre Ch er J.Roach CERTIFICATE The undersigned,as Assistanl Secretary,oi DEVELOPERS SURETY AND INDEMNITY COMPANY and INDEMNITY COMPANY OF CALIFORNIA,does hereby certity that the foregdng Power of Attomey remains in full force and has not been revoked,and furthermae,that the provisions oi the resolu6ons of ihe respective Boards of Directors of said corpaations set(orth in the Power of Attomey,are in torce as of the date of this Cartificate. This CeNficate is executed in iha Cily of Irvine,Califomia,th�� day of M� ,�gj By: Albert Hillebrand,Assistant ecxetary I D-1380(Wet)(Rev.07107)