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HomeMy WebLinkAboutC28030A Country Club Drive Ramp Retrofit Prjct 619-08REQUEST: CITY OF PALM DESERT PUBLIC WORKS DEPARTMENT STAFF REPORT Award Contract No.C28030A to Contreras Construction Company for Construction of the Country Club Drive Curb Ramp Retrofit Project (619-08) SUBMITTED BY: Mark Greenwood, P.E., Director of Public Works APPLICANT: Contreras Construction Company 81149 Indio Blvd Indio, CA 92201 DATE: September 11, 2008 CONTENTS: Contract Agreement Contractor's Proposal Project Work Sheet Vicinity Map RECOMMENDATION: By Minute Motion: 1. Award Contract No.C28030A, in the amount of $129,600.00, to Contreras Construction Company, of Indio, California for Construction of the Country Club Drive Curb Ramp Retrofit Project (Project No. 619-08); 2. Approve a 10% contingency in the amount of $12,960.00; and 3. Authorize the Mayor to execute the subject agreement. DISCUSSION: At the February 14, 2008 City Council Meeting, the Council authorized staff to submit application for Prop 1B funding for Pavement Rehabilitation of three segments along Country Club Drive (see attached vicinity map). 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 71 ramps up to the required standard. On August 26, 2008, sealed bids for the project were opened and read aloud. The following is a summary of the bids received: Award Contract C28030A to Contreras Construction Company Page2of2 September 11, 2008 Contreras Construction Company International Pavement Solutions, Inc. D&L Wheller Enterprises Simon Contracting J.D.C. Inc Elite Bobcat Services, Inc. Indio, CA Mentone, CA Yucaipa, CA Indio, CA Rancho Cucamongo, CA Corona, CA $129,600.00 $153,550.00 $163,925.00 $172, 040.00 $179,375.00 $298,000.00 Contreras Construction Company, of Indio, California, submitted the lowest responsive bid, in the amount of $129,600.00. FISCAL IMPACT: Funding is available for this project in the street resurfacing account (400-4311-433- 4001). After the initial outlay of $129,600.00, the ramps will require virtually no maintenance over the next 25 years. SUMMARY: Therefore, staff recommends that City Council award Contract No. C28030A in the amount of $129,600.00 to Contreras Construction Company for construction of the Country Club Drive Curb Ramp Retrofit Project (Project No. 619-08), approve a 10% contingency in the amount of $12,960.00, and authorize the Mayor to execute the agreement. Prepared By: Aaron Kulp Associate Engineer Approve Homer Cro ACM for Iopment Services Carlos L. Ortega City Manager Depa Mark Greenwood, P.E. Director of Public Works Paul S. Gibson Director of Finance CITY COUNCIL CTION: APPROVED V DENIED RECEIVED OTHER MEETING DATE (-C }1 AYES: e Lis f 11-� ner1- , KQI t cj re ,.o I 12SUYJ NOES: �(" U ABSENT: G.IPubWorks\Staff Reports120081September 11106 Award coattEgf trlere�s iti ru o {s�(;ggntry Club Curb Hamp Retrofit S19-U6Award Uontract to Uontreras Tor L`il7 �7 i t'1J.1`I Cgijptry Club ramps 619-08 dos VERIFIED BY: twiccfiTigni Original on File witU City.: Clerk's OfficE 0 Country Club Drive Pavement Rehabilitation Traffic Circulation; ' N LL LL LL O O >- LL Street Maintenance sD sIS CO M e m 00 60 O l0 O 6� N w� 44 44 44 44 46 44 44 44 46 64 44 44 64 46 44 64 44 44 64 44 69, 4/4- 64 44 44 44 44 46 44 44 44 64 4, 46 44 44 44 67 44 49, M 44 4, 46 44 49 44 64 44 4, 46 64 44 46 49 M co so ts. en 4O V9 M is 6A CI..D • Mse) O 4, C. O 64j LL 46 44 H 44 44 44 44 44 44 44 46 o 0 LL F tC eft Professional Services: d d LL Construction: Administration: Direct Staff Costs: M LL U. LL 9 C 3 LL len4j 46 44 49 44 44 44 44 44 4) 44 44 44 44 44 44 44 4i di • 44 44 44 46 44 44 44 44 49 46 44 44 4} 4T 44 M d6 49 • 44 44 49 44 44 46 44 4► N 47 44 44 64 44 44 44 Maintenance Costs: Administration: O Direct Staff Costs: Contract Staff Costs: ti 4, as+ 0 O f CO • 4) 60 O O N Total All Costs: I $ Potential Increase to Public Safety Costs:j $ Temporary Jobs Created: Permanent Jobs Created: 0 O M O O o 00 O O 4/ 44 44 44 44 44 44 46 46 44 44 44 44 44 44 44 44 44 44 44 44 44 41 4! LL O 0' O LL O O O U. LL 3 LL 67 44 41 44 46 4f 46 44 M 46 64 64 44 44 14 Q O M O P p R. R. —c. a0 O O N 64 64 44 64 44 46 64 44 A O General Fund: Measure A Funds: N .15 c an 3 4 LL C „ 4.4 3 11. CT. 4. *A • 3 M Co LA C • V 0 t E _E O M > w o • p N 40 6o it ua,Q Grant Monies: 4 4, 0 F. ry Club Curb Ramp Retrofit 619-08\Pr \\win2k\groups\PubWorks\Staff Reports \2008\September 11\06 Award contract Con CONTRACT NO. C28030A Agreement THIS AGREEMENT is made and entered into this 11th day of September, 2008, by and between City of Palm Desert, California, hereafter called "Owner" and Contreras Construction Companv hereinafter called "CONTRACTOR". WITNESSETH RECITALS: CONTRACTOR has submitted to Owner its CONTRACTOR'S Proposal for the construction of Owner Project, 1. Country Club Drive Curb Ramp Retrofit Project, PROJECT NO. 619-08, CONTRACT NO. C28030A, 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 No. -0-; (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: CONTRACT NO. C28030A 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. CONTRACT NO. C28030A Release of Retention The prime Contractor agrees further to release retention payments to each Subcontractor within �0 days after the Subcontractor's work is satisfactorily completed. Any delay or postponement of payment from the above referenced time frame may occur only for good cause following written approval of the City of Palm Desert. 7. Execution of the Agreement by the parties constitutes their agreement to abide by all applicable provisions of the California Labor Code; constitutes contractor's certification that he is aware of the provisions of said Code and will comply with them; and further constitutes Contractor's certification as follows: "I am aware of the provisions of Section 3700 of the California Labor Code which requires every employer to be insured against liability for worker's compensation or to undertake self insurance in accordance with the provisions of that Code, and I will comply with such provisions before commencing the performance of the work of this contract." IN WITNESS WHEREOF the parties hereto have executed or caused to be executed by their duly authorized officials, this Agreement which shall be deemed an original on the date first above written. �Remainder of this page has intentionally been left blank. Signature blocks are contained on the next page] CONTRACT NO. C28030A 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 Palm Desert, CA APPROVED AS TO CONTENT: APPROVED AS TO FORM: MARK GREENWOOD, P.E. DAVID J. ERWIN DIRECTOR OF PUBLIC WORKS CITY ATTORNEY CONTRACT NO. C28030A 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. 619-08 CONTRACT NO. C28030A 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 Compan r�the Principal, and as Surety, are held and firmly bound unto the City of Palm Desert hereinafter called the Owner, in the penal sum of One Hundred Twenty Nine Thousand, Six Hundred Dollars ($129,600.00), 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. CONTRACT NO. C28030A 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 CONTRACT NO. C28030A 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 Company (hereinafter designated as the "CONTRACTOR"), an agreement dated September 11, 2008 described as follows: Country Club Drive Curb Ramp Retrofit Project, PROJECT NO. 619-08, CONTRACT NO. C28030A, (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 Company, the undersigned CONTRACTOR, as Principal, and a corporation organized and existing under the laws of the State of , and duly authorized to transact business under the laws of the State of California, as Surety, are held and firmly bound unto the City of Palm Desert and to any and all persons, companies or corporations entitled to file stop notices under Section 3181 of the California Civil Code, in the sum of One Hundred Twenty Nine Thousand, Six Hundred Dollars ($129,600.00), 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. CONTRACT NO. C28030A The Surety, for value received, hereby stipulates and agrees that no change, extension of time, alteration or addition to the terms of the said Contract or to the work to be perFormed thereunder or the Specifications accompanying the same shall in any way affect its obligations on this bond, and it does hereby waive notice of any such change, , extension of time, alteration or addition to the terms of the Contract or to the Specifications. No final settlement between the Obligee and the CONTRACTOR hereunder shall abridge the right of any beneficiary hereunder, whose claim may be unsatisfied. CONTRACTOR and Surety agree that if the Obligee is required to engage the services of an attorney in connection with the enforcement of the bond, each shall pay Obligee's reasonable attorney's fees incurred, with or without suit, in addition to the above sum. IN WITNESS WHEREOF, we have hereunto set our hands and seals this day of , 20 PRINCIPAL/CONTRACTOR: SURETY: Contreras Construction Company (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 representative for service of process in California if different from above) � � � ♦ ,�,P�� I�,���NOl�NIHSb'M , li ��.'` -I Q. � � � � I -'}- �-� � � I � �� � � ; , t6 �_ � � r , �� i �- � i� � � '� �� � � _ , � , ' � � � � � j � � i � , � � a , r � � j � � � � , �-�-� �i ___ _ o I z I_ �_ I , _ , - . � / � � o � Y� - -- -� � , _ � � � . � � � 3N?�b'M- - �- . . - j � j J � C � '- � � � _ :.• _ O 0 +� � - C�� � v CALIFORNIA-�- � � -� U � ' � � - V -- J �� ��� � - - -� ��_Z� ■ -, - - _ O ,� � V 9f1�� SIS`d0 ��l__ � � _, _— - � �� � �X .a? � � --� �� - '� � �o - o - � � � � � ' o e- � � � d /�� - � � �� 7'd� _, , f Q- � >' O _ _ �� � � ���b ,�Q' J � Oa`db0a�� 00`d2�Odl3 � W L C7 Z � Q <c�� — � O �w Q � � � w C� Q �i00� ��100� J �100� C�� Q � Z � — � Z U � �O" Y � 31`d�lOd2�0�_ z � � O Z c.� � w � � O w J V V '> � J � -�J J +� �� - 7- J � .� d�012�Od � � �J � F J Q LL � Q� �J �� p z 0�8dd N`dS � _ - ,Q - �- ,� J132i31NOW � � - �-- i C -- �Di��'RP�GT�R'S F�ROPOS,Al. : COUNTRY CLUB DRIVE CURB RAMP RETROFIT PROJECT NO. 619-07 CONTRACT NO. C28030A TO: CITY OF PALM DESERT, "CITY" DATE: �� �� t BIDDER: _�,►lh�l��i'Y�LJ� (I1VI���i�.�i1V� !'� "CONTRACTOR„ The UNDERSIGNED, "CONTRACTOR", having carefully examined the site and the Contract Documents for the construction of, COUNTRY CLUB DRIVE CURB RAMP RETROFIT, PROJECT NO. 619-07, CONTRACT NO. C28030A, hereby proposes to construct the work in accordance with the Contract Documents, including Addenda No(s). _��� for the amount stated in this Proposal. By submitting this Proposal, CONTRACTOR agrees with CITY: 1. That unless withdrawn in person by CONTRACTOR or some person authorizecf in writing by CONTRACTOR — not by telephone or tefegram — 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 CITY 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 CITY. Said �: ; contract shall only be deemed awarded after the CONTRACTOR'S complete �: submission of all contract documents, bonds, insurance documentation, and the CITY shall obtain all necessary signatures of the governing body, at which time the contract shall be deemed awarded. 4. Ta submit to CITY such information as CITY 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 CITY, 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 CITY 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 Page C-1 i cost of maintaining or construction alternate facilities occasioned by the failure to execute and deliver said documents. lt is understood that the quantities shown hereon, except for those quanfiities marked "Lump Sum", are estimates and the fina! payment will be based upon the actual work performed, subject to such adjusfiment and alterations as elsewhere provided herein. 1 Mobilization � LS 1 $'�' $ 2 Traffic Control LS 1 $ ,°° $ 3 Clearing and Grubbing LS 1 $ $ c� . ° 4 ADA Compliant Concrete Curb Ramp EA 15 $ t� $ 2D07 California Buildin Code Case C , �$" 5 ADA Compliant Concrete Curb Ramp EA 26 $ c� $ 2007 California Buildin Code Case E �i 6 ADA Compliant Concrete Curb Ramp EA 29 $ $ �1 Truncated Domes Onl � .� vr� c� - Remove Existing Concrete Driveway 7 and Replace with Standard Curb, LS 1 $ .�" $ � �} � Gutter and Sidewalk � �>�� 8 Special Services LS 1 $7,500 $7,500 $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ TOTAL BID PRICE $ I o�t ��� � � � � Page C-2 The costs of any work shown or required in the Plans and Specifications, but not specifically identified as a Pay Item are included in the related Pay Item(s), and no additional compensation shall be due CONTRACTOR by virtue of CONTRACTOR'S compliance with the Plans and Specifications. TOTAL AMOUNT BASE BID IN FIGURES $ TOTAL AMOUNT BASE BID IN WORDS IN V111TNESS WHEREOF CONTRACTO- executed this propos�al as of�e set forth on Page C-1: 3 By: � � �..._ .;�,: Signature � ` Title: ��� �,,, � CONTRACTOR Attest by: - Notary Public in and for said County and State Title: ,, Page C-3 E� — I�VF'C3RiUE�Tta�[ REQUIREQ O� �9DD�f� The bidder is required to supply the following information. Additional sheets may be : attached if necessary. (1) Address �S `�" !���L � C� C�. ,. ��' �c�� � 2 Tele hone No. L A?� �C�� C� u�'(' �,C. ��Q(� 1�L- 7��1 � ) p ��b L�l 1 � � �_� � � (3) Type of Firm (Individual, Par�nership or Corporation) �r��1"�CP�-GC4�V� (4) Corporation organized under the laws of the State of (..,(,,�, �rs,�n i�G� (5) Contractor's License No. �j�(p�� Exp. Date Contractor ereby swears under penalty of ��rjury that this informat on provided is true and corr ct:' �'"' _:--�_____, ` ' / � By: �' ,.� / �' l'�/ � ���` Title: `� �� Sigr},ature Contr ctor G� (6) List the names and addresses of all owners of the firm or names and titles of aIF officers of the corporation: �h r�c�► �� C�- t ���cerv-�..� �vL4��► _ � � �Y-E�Y'G� �,�'�i..._��� �< ,Y' �` �� • �V1.C'��� � � � ���1� .� �f1 �i (� � �c�� I (7) Number of years' experience as a CONTRACTOR in construction work _s� (8) List at least three similar projects completed recently: Contract Amount Class of Work Date Completed Name, Address & Telephone No. of Owner �. � rx�- �,�' �P° �,y�-c� �y-�� �-►°�+� � �� - � �� � �� �� � � � � � � ��� � ���f� j � �-�. 3. � �u�� s� C, ��,�° c�u�► �� G l �� 1� �� 1��� Page D-1 � ' I (9) List the names and addresses of each Subcontractor who wi(I perform work in or about the work improvement, and indicate what portion af 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 ame of the per n who inspected the site of the proposed work for your firm Y� t't,t �m-� �.-� (11) A financia( statement or other information and references sufficiently comprehensive to permit an appraisal of your current financial condition may be required by the City. �� _ �� ; . Page D-2 � �. E — NON-COLLUSION AFFIDAViT I' To be Executed by Bidder and Submitted with Bid STATE OF CALIFORNIA) ) S5 i COUNTY OF RIVERSIDE) ; i Ce• , bein first duly sworn, eposes and p �'1 ; says that he/sh� is ' y^�,�„ �- of ��;q �ry,,�,� �c� , the ' party making the foregoing bid; that the bid is not made in the interest of, or on beha(f of any undisclosed person, partnership, company, association, organization, or corporation; that the bid is genuine and not collusive or sham; that the bidder has not ' directly or indirectly induced or solicited any other bidder to put in a false or sham bid, and has not directly or indirectly colluded, conspired, connived, or agreed with any bidder or anyone else to put in a sham bid, or that anyone shall refrain from bidding; ' that the bidder has not in any manner, directly or indirectly, sought by agreement, communicafion, or conference with anyone to fix the bid price of the bidder or any other bidder, or to fix any overhead, profit, or cost element of the bid price, or of that of any other bidder, or to secure any advantage against the pubic body awarding the contract of anyone interested in the proposed contract; that all statements contained in the bid� are true; and, further, that the bidder has not, directly or indirectly, submitted his or her bid price or any breakdown thereof, or the contents thereof, or divulged information or data relative thereto, or paid, and will not pay, any fee to any corporation, partnership, I company, association, organization, bid depository, or to any member or agent thereof to effectuate a colfusive or sham bid. � ! Subscribed and sworn to, before me this �� day of�� , 20 6� , , ' � � ' � /" � �F r , ,.--� .,.. , i r r� � � �, / � B�;� f . �..''�.� � /�' -- � Signatur�f � ' Title: ��P,S��n� � CONTRACTOR / �� Attest By: � r� coMnwWon s ����te Notary Public in and r s Count and State � �Ca� � ���1� a��s ��ll� �i�p�J1n1�,�1! � � Title: ���'i�' / �'�li� _ Page E-1 • Premium would be included in Performance Bond � — BIDDEf2'� �iC��tD To �.ccompany Propasal KN�W ALL MEN BY THESE P(��SENYS, That we, Contreras Construction Co as principal, ��d Developers Surety and Indemnity Company �S surety, are held �t1d fin�ly bQt�nd unta the City af Palm Desert in the�sum of$ 10� (10% of b'td) to be paid to the said City or its certain attorney, its successars and assigns; for which payment, weif and truly to be made, we bind ourselves, our heirs, executors and administrators, succ�ssors ar assigns,jointly and severaliy, firmly by these presents. THE CONDiTIUN 0� THfS OBLf�ATION IS SUCH, that if the cer�ain proposal of the ab�ve boUnden principal ta perfiarm certain work described as fo[fows: Th� g�n�ral items vf work to be done hereunder cansist af: mobilizatian, trai�ic �ontrol, s�w-cut af concr�t�, removal of cancrete curb ramp and sidewalk, and construction of concrete curb r�mps �r�d sidewalk. . and dafed is accepted by the�Cifiy of Palm �eser�, ' and if th�above bounden principai contreras (�OnStriy,�ti nn r., shall duly enfier into and execu�e � cdn�r�ct for such construction, and shall execute and deliver the PerFormance Bond and Paymenf Band and insur�nce certificat�s $s required by said contract, then this obligation shall become null and vaid; otherwise it shall be and remain in full fo�cs artd efFect. Should it becoma necessary for the City ta institute a lawsuit, or any other legal proceedin� to enforce tt�� t�rms and canditians af this bond, then all casts of said praceeding, including a�t�rney's fees, sh�ll b� �w�rd�d ta the prev�iln�g par�y. Pa�e F�1 fN WITNFSS WHER�OF, We hereunto saf our Hands and Seals this 29th day of .7u1y 2Q os , Corif�actor's [Vame. C�i�treras Constr, tionfCoj ; , Gontractor's 5ignature`��•'���' �'` / ,<���"� � _ � f , , , ;.. � L' Title:������,� �— , _ Addra�s:�1 -' l�1� ��7.c��� ����-1 : -��s�� f��.����� Telephone{��i�:����7-- lrt�@ '�d '�Q 1 �`1���/ � � `�--�,���� —� � �ur�Cy`� 111atri4': Developers Suretv and Indemnity Company Sur�ty's ���rsat�re: l� )t,t,[!� /7J � Dian M. Nielsen - 'j jfj�; Attorney-in-Fact q�c�r��s; 17780 Fitch, Irvine CA 92614 TelE�nor�e: (949) 263-3300 Pag� F-2 State of California SS. County of liiverside On Julv 30, 2008,before me,Ramon Carlos Diaz(Notary Public),personally appeared Enrique G. Contreras Personally 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 �°�0^� }��� acknowledged to me that he/she/they � �'C°NE°ml° * � � executed the same in hislher/their authorized NA►�o�.l�a�t�,ll�t capacity(ies); and that by his/her/their signature(s)on the instrument the person(s), � or the entity upon behalf of which the person(s)acted, executed t instrument. WITNESS my hand and �ial sea1. � �'/ OPTIONAL Description of Attached Document Title or Type of Document:Bidder's Bond(Citv ofPalm Desert). Document Date: 07/29/08 Number of Pages: 2 Signer or Other than Name Above: Signer is Representing: Contf-eras 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 � POWER OF ATTORNEY FOR DEVELOPERS SURETYAND INDEMNIIY COMPANY INDEMNITY COMPANY OF CALIFORNIA PO Box 19725,IRVINE,CA 92623 (948�263-3300 KNOW ALL MEN BY THESE PRESENTS,that as except as expressly Gmited,DEVELOPERS SUREfY AND INDEMNITY COMPANY and INDEMNITY COMPANY OF CALIFORNIA,do each,hereby make,cons6Wte and appoint ***Ann Willard, Diane M. Nielsen, Van G. Tanner, Paul W. Lewis, Sal C. Sandoval, Mathew S. Costello, jointly or severa(ly*** as their tnie and lawfui Attomey(s)•in-Fact,to make,execute,deliver and acknowledge,for and on behalf of said corporations,as sure6es,bonds,undertakings and contracts of surety- ship giving and granting unto said Attomey(s)-in-Fact fuli power and authority to do and to perform every act necessary,requisite or proper to be done in connection therewiih as each of said corporations could do,but reserving to each of said corporations full power of suhstitution and revocation,and ail of the acts of said Attorney(s)-in-Fact,pursuant to these presents, are herehy ratified and confirmed. This Power of Attorney is granted and is signed by facsimile under and by authorily of tha following resolutions adopted 6y the respective Board of Directors of DEVELOPERS SURETY AND INDEMNI7Y COMPANY and INDEMNITY COMPANY OF CALIFORNIA,eftec6ve as of January 1st,2008. RESOLVED,that the chairman of the Bbard,the President and any Uce President of the corporation be,and that each of them hereby is,authorized to execute Powers of Attomey,qualirying fhe attomey(s)named in the Powers of Attorney to execute,on behalf of the corporations,bonds,undertakings and contracts of sureryship;and that the Secretary or any Assistant Secretary of the corporaGons be,antl each of lhem hereby is,authorized to altest the execution of any such Power of Altorney; RESOLVED,FURTHER,that the signatures of such officers may be affuced to any such Power ofAttorney or to any cer�ficate rela6ng thereto by facsimile,and any such Powet ot Attorney or ce�ificate bearing such facsimile signatures shall be valid and binding upon the corporations when so affixed and in the future wfth respect to any bond,undertaking or conVact of sureryship to which it is attached. IN WITNESS WHEREOf,DEVELOPERS SURETY AND INDEMNITY COMPANY and INDEMNIIY COMPANY OF CALIFORNIA have sea�erally caused these presents to be signed by their respective Uce President and attested by their raspective Assistant Secretary this January 1st,2008. .�.�, �� �«, By: � I '�,,.•�,��.AND/po, p�,P AN Y��, n Stephen T.Pate,Senio�Vice President ?,yJ�Goy"i,Qp�A f��q��} ��GG QppR�T�� _ �` �:. �6� pT :n� � 2 OCT.5 d O BY' �o i 4 9 3 6 ;r�: w 1967 ,� Chades L.Day,Assistant Secretary ':��',; �r D rs U � Q; � '�.�y 3v ti p�pn,,a�.�rr �i q<iFOP��� a State of Califomia �'�+ ,�,J{,,, �� � ,a�4{IflplillV�� . County of Orange On January 1 st 2008 6efore me,_ Christopher J.Roach,Notary Public Date Here Insert Name and TiBe of the Officer personally appeared Stephen T.Pate and Charles L.Day Name(s)of Signer(s) ^ who proved to me on the basis of sabsfactory evidence to be the person(s)whose name(s)islare subscribed to �������� the within insVument and acknowiedged to me that helshe/they executed the same in hislhedthelr authorized ���.��,������ capaciry(ies),and that by hislherliheir signature(s)on the inshvment the person(s),or the en6ry upon behalf of �" C�iMIs�#f7Q,�f#39 � Which the person(s)acted,executed the instrument. � (�i',RRY 1�3J8lJG CJ�UFbFA11A ���a���� � i certi(y under PENALTY OF PERJURY under the laws of the State of Caiifomia that the foregoing paragraph is W e and corcect. iN�s;OmFA.�ArFl5M8X i9�20�1 WITNESS my hand antl offi ial seaL . � Place Notary Seal Above Signature Ch' erJ.Roach CERTIFICATE The undersigned,as Assistant Secretary,of DEVELOPERS SURETY AND INDEMNITY COMPANY and INDEMNITY COMPANY OF CALIFORNIA,does hereby cerfify that the foregoing Power of Attomey remains in full force and has not been revoked,and furthermore,that the provisions of the resolutlons of the respective Boards of Directors of said corporadons set forth in the Power of Attomey,are in force as of the date of this Ce�tificate. This Certificate is executed in the City of Irvine,Califomia,ihe�TMday a��U Ly � �C�• By. �Albert Hiilebrand,Assistant ecretary ID-1380(Wet)(Rev.07107) STATE OF CALIFORNIA } COUNTY OF RIVERSIDE ON ��� ( �� , BEFORE ME, LINDA ROCHA, Notary Public PERSONALLY APPEARED: Diane M. Nielsen Who proved to me on the basis of satisfactory evidence to be the person (s)whose name(s)is/are 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) on the instrument the person (s),or the entity upon behalf of which the person (s) 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. � LINDA ROCHA Commiaaion� 1777932 � Notary Publtc-Calitornla = ? ^ � Rivetside County � Signature: � � . �, � nda Rocha, otary ���������� ALL PURPOSE ACKNOWLEDGMENT