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Home My WebLink AboutC28030 - County Club Dr Pvmnt Rehab (619-09)Contract No. C28030 CITY OF PALM DESERT PUBLIC WORKS DEPARTMENT STAFF REPORT REQUEST: Award Contract No. C28030 for Construction of the Country Club Drive Pavement Rehabilitation Project (619-08) to Vance Corporation of Rialto, California, in the Amount of $1,489,780.00 SUBMITTED BY: Mark Greenwood, P.E., Director of Public Works APPLICANT: Vance Corporation 2271 N Locust Ave Rialto, CA 92377 DATE: April 23, 2009 CONTENTS: Contract Agreement . Contractor's Proposal Project Work Sheet Vicinity Map RECOMMENDATION: By Minute Motion: 1. Award Contract No. C28030 for construction of the Country Club Drive Pavement Rehabilitation Project (619-08) to Vance Corporation of Rialto, California, in the amount of $1,489,780.00; 2. Approve an additional $148,978.00 as a 10 percent contingency; and 3. Authorize the Mayor to execute the subject agreement. FISCAL IMPACT: Funding is available in Country Club Pavement Rehabilitation Account Nos. 211-4311- 433-3916, Gas Tax Fund, and 400-4311-433-4001, Street Resurfacing. No General Fund money is being used for this project. DISCUSSION: On February 14, 2008, the City Council authorized staff to submit an application for Proposition 1 B funding. The City received $800,277 for pavement rehabilitation of three segments along Country Club Drive from the State Proposition 1 B Funds (see attached vicinity map). Staff Report Award Contract C28030 to Vance Corporation Page 2 of 2 April 23, 2009 On March 31, 2009, sealed bids for the project were opened and read aloud. The following is a summary of the bids received: Contractor Vance Corporation Hardy & Harper, Inc. Hazard Construction Co. Granite Construction Company Cooley Construct NPG Inc. Matich Corporation Jacobson Engineering Imperial Paving Co, Inc. Location Rialto, CA Santa Ana, CA San Diego, CA Indio, CA Hesperia, CA Perris, CA San Bernardino, CA Palm Desert, CA Santa Fe Springs, CA Bid Amount 1,489,780.00 1,555,000.00 1,581,371.00 1,654,850.00 1,657,811.94 1,721,624.00 1,783,871.00 1,863,387.00 1,879,515.00 $ $ $ $ $ $ $ $ $ Vance Corporation submitted the lowest responsive bid in the amount of $1,489,780.00. The bid is within 1% of the Engineer's Estimate of $1,500,000.00. SUMMARY: Therefore, staff recommends that City Council award Contract No. C28030 in the amount of $1,489,780.00 to Vance Corporation for construction of the Country Club Drive Pavement Rehabilitation Project (619-08), approve a 10 percent contingency in the amount of $148,978.00, and authorize the Mayor to execute the agreement. Prepared By: � �_ aron Kulp Associate Engineer Department Head: � LF' �, - �� Mark r'�nwood, P.E. Director of Public Works Approva : Homer Croy ACM for Dev�ent Services n �VI. Wohlmuth ity Manager /bl G.IPubWorkslStaff Reports120091April 23101 Award Contract to Vance Corp Paul S. Gibson CITY CO��I�ce APPROVED DENTED RECEIVED OTHER MEF.T G DA � � `� � �`� AYES: � � ` �' �i �u� l_�'�i��Lr. NOES: �� ABSENT: ��1� � ABSTAIN: � rV �oR�Fc�U��'P - !?, � . � . _ _ : , Original on File with City erk's Oftic� 08.doc Contract No. C28030 Agreement THIS AGREEMENT is made and entered into this 23�d day of April, 2009, by and between City of Palm Desert, California, hereafter called "CITY" and Vance Corporation hereinafter called "CONTRACTOR". WITNESSETH RECITALS: CONTRACTOR has submitted to CITY its Contractor's Proposal for the construction of CITY Project, 1. COUNTRY CLUB DRIVE PAVEMENT REHABILITATION, PROJECT NO. 619-08, CONTRACT NO. C28030, in strict accordance with the Contract Documents identified below, CITY has accepted said Proposal. 2. CONTRACTOR states that it has re-examined its CONTRACTOR'S Proposal and found it to be correct, has ascertained that its Subcontractors are properly licensed and possess the requisite skill and forces, has examined the site and Contract in accordance with the Contract Documents for the money set forth in its Proposal to be paid as provided in the Contract Documents. AGREEMENT: IT IS AGREED BY THE PARTIES AS FOLLOWS: 1. Contract Documents: The entire contract consists of the following: (a) The Agreement; (b) The Notice Inviting Bids; (c) The Instruction to Bidders; (d) The Contractor's Proposal; (e) The Bidder's Bond; (f) The Performance Bond; (g) The Payment Bond; (h) The General Specifications; (i) The Special Provisions; (j) The Standard Specifications as modified in other portions of the Contract Documents; (k) The Plans; (I) Addenda Nos. 1; (m) The Determination of Prevailing Wage Rates for Public Work; (n) Any Change Orders issued; (o) Any additional or supplemental specifications, notices, instructions and drawings issued in accordance with the provisions of the Contract Documents. All of said Documents presently in existence are by this reference incorporated herein as if here set forth in full and upon the proper issuance of their documents they shall likewise be deemed incorporated. 2. Contractor shall commence the work within ten calendar days after the date of the Notice to Proceed and will do all things necessary to construct the work generally described in Recital No. 1 in accordance with the Contract Documents and will complete said work within 60 Calendar Days from the Notice to Proceed date to the satisfaction of the Engineer. Contract No. C28030 3. Contractor agrees to indemnify, defend and save CITY 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 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 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 shall be binding upon all parties hereto and their respective heirs, executors, administrators, successors, and assigr�s. 6. Contractor shall be paid in the manner set forth in the Contract Documents the amount of its Proposal as accepted by CITY, 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. C28030 Release of Retention: The prime Contractor agrees further to release retention payments to each Subcontractor within 30 days after the Subcontractor's work is satisfactorily completed. Any delay or postponement of payment from the above referenced time frame may occur only for good cause following written approval of the City of Palm Desert. 7. Execution of the Agreement by the parties constitutes their agreement to abide by all applicable provisions of the California Labor Code; constitutes contractor's certification that he is aware of the provisions of said Code and will comply with them; and further constitutes Contractor's certification as follows: "I am aware of the provisions of Section 3700 of the California Labor Code which requires every employer to be insured against liability for worker's compensation or to undertake self insurance in accordance with the provisions of that Code, and I will comply with such provisions before commencing the perFormance of the work of this contract." IN WITNESS WHEREOF the parties hereto have executed or caused to be executed by their duly authorized officials, this Agreement which shall be deemed an original on the date first above written. �Remainder of this page has intentionally been left blank. Signature blocks are contained on the next page] Contract No. C28030 CONTRACTOR: BY: Signature to be notarized ATTEST BY: TITLE: CITY: BY: Signature to be notarized TITLE: Mavor of Palm Desert, CA APPROVED AS TO CONTENT: MARK GREENWOOD, P.E. DIRECTOR OF PUBLIC WORKS TITLE: ATTEST BY: TITLE: Citv Clerk of Palm Desert. CA APPROVED AS TO FORM: DAVID J. ERWIN CITY ATTORNEY Contract No. C28030 Performance Bond KNOW ALL MEN BY THESE PRESENTS: That whereas the City of Palm Desert has awarded to Vance Corporation hereinafter designated as the "Principal", a contract for: COUNTRY CLUB DRIVE PAVEMENT REHABILITATION PROJECT NO. 619-08 CONTRACT NO. C28030 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, Vance Corporation 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 One Million. Four Hundred Eiqhtv Nine, Seven Hundred Eiqhtv Dollars and No Cents ($1,489,780.00), 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 City, 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 City 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. C28030 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 , 2009. SURETY : PRINCIPAL L'�'� INSURANCE COMPANY and/or AGENT ADDRESS TELEPHONE NUMBER Contract No. C28030 Payment Bond KNOW ALL MEN BY THESE PRESENTS: THAT WHEREAS, the City of Palm Desert (sometimes referred to hereinafter as "Obligee") has awarded to Vance Corporation (hereinafter designated as the "CONTRACTOR"), an agreement dated April 23, 2009 described as follows: COUNTRY CLUB DRIVE PAVEMENT REHABILITATION, PROJECT NO. 619-08, CONTRACT NO. C28030, (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, Vance Corporation, 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 Million, Four Hundred Eiqhtv Nine, Seven Hundred Eiqhtv Dollars and No Cents ($1,489,780.00), 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. C28030 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 , 2009. PRINCIPAL/CONTRACTOR: (Typed Name of CONTRACTOR) By: (Signature) SURETY: (Typed Name of Surety) By: (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). 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) (Typed Name of Attorney-in-Fact) (Name, Address and Telephone No. of agent or representative for service of process in California if different from above) C - Contractor's Proposai COUNTRY CLUB DRIVE PAVEMENT REHABILITATION PROJECT NO. 619-08 CONTRACT NO. C28030 TO: CITY OF PALM DESERT, "CITY" DATE: March 31st, 2009 BIDDER: vance Corporation "CONTRACTOR" The UNDERSIGNED, "CONTRACTOR", having carefully examined the site, plans, specifications and the Contract Documents for the construction of, COUNTRY CLUB DRIVE PAVEMENT REHABILITATION, PROJECT NO. 619-08, CONTRACT NO. C28030, hereby proposes to construct the work in accordance with the Contract Documents, including Addenda No(s). 1 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 authorized in wriiing by CG��iT%H" C i OR — noi by ielephone or teiegram — before tne 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. To 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 cost of maintaining or construction alternate facilities occasioned by the failure to execute and deliver said documents. � Mobilization 'i LS 2 i Traffic Control I ' 10" 560C3250 Concrete Pavement 3 � With Fiber Including Removai of � Existing Asphalt � j Remove Full Depth Existing Asphalt; 4 Replace With Type A Conventional I , Asphalt '� i Asphalt Rubberized Hot Mix (Gap ; � ; Graded-B) (ARHM-GG-B) 2" Overlay ' 6 '� Header Grind Existing Asphalt � Pavement 7 Edge Grind Existing Asphalt Pavement 8 Replace Traffic Signal Loops � Type E— 6' Diameter Loops I 'I Adjust Manhole Frame And Cover to �I 9 I Grade 10 Adjust Valve Box Frame And Cover to Grade 11 Concrete Curb Per CPD Std Dwg 103 Including Removal of Asphalt & Curb 12 Signing and Striping TOTAL BID PRICE LS , SF � I � y� _.��, �.�: � : � -t�� I � , ,� � �� 15. ,S��G��'$ �� i 3,025 SF '�I 173,5�0 � Jr I .�7J��JLV SF � 11,300 SF 271,OQ0 EA 205 EA 50 EA � 70 LF 175 LS 1 $�� %D � $�Gj�S�:�'� '�� c%f , $ � � , � .3 �'� �' �� I I� �i � c�,,I �i � ,.y-� i. � � y ��t/.�� ' 'P-,�i:; t ��' �}. � ''� � $ ��-� ,-;- � . U�� ,%v �- � � r �� 1�: ��,c,�� :� � ��` �.; c:7 $ �"'"y" , 5 C ! . � � � s $ 3 3�� 3 l�'� • �� i � �� '� �'`�5_ �I � $ �g�t�� I � � `��'�� $ �!{ C� � j'✓ : � =, � � 1 � Page C-2 It is understood that the quantities shown herean, except for those quantities marked "Lump Sum", are estimates and the finai payment will be based upon the actual work performed, subject to such adjustment and alterations as elsewhere provid�d herein. 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. `J r TOTAL AMOUNT BASE BID IN FIGURES $ !��7 L`f ��G �� ) TOTAL AMOUNT BASE BID IN WORDS � ' �' �� '��'' '�, r(.t y _� �' ! � � ` .------, � ' I i ^� . ��- _ t'? i ' �� F1 c� { �� .ti. ,� � � � L� �.F�-T � . � i . � " � �, �.. �../' s � � \,_. , J -- � � {N WITNESS WHEREOF CONTRACTOR executed this propasal as of date set fo on Pa g e C-1: � { � ,.� ; �,,� �,� �� gy. r i�.�. Signature Verner Tltle: President CONTRACTOR �--/r.: � E. Thomas �` Attest by: Notary Public in and for said County and State �S� � � Tille: Page C-3 ' CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT State of California County of San Bernardino } SS. On personalty appeared ,before me, Rita Munroe-Stark, Notary Public Verner E. Thomas �:d€n..""�rn6c.dt„w,z . .:, x ,,:»,,,, � • RiiA MUNROE-STARK . Commisslon # 17q12qq _ `d -� Notary Publlc - Califomla Z �� San Bernardlno County � � MVC<�mm E�plms.Acx23,2011 .-e., .;..�..,..-,w�. � . ..��. who proved to me on the basis of satisfactory evidence to be the person whose name is subscribed to the within instrument and acknowledged to me that he executed the same in his authorized capacity, and that by his signature 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. OPTIONAL Though the information below is not required by law, it may prove valuable to persons relying on the document and could prevent fruadulent removal and reattachment of this form to another document. Description of Attached Document Title or Type of document: Document Date: Signer(s) Other Than Named Above: Capacity(ies) Claimed by Signer(s) Signer's Name: Verner E. Thomas ❑ Individual � Corporate Officer Title(s): Exec.Vice President p Partner o Limited o General p Attorney-in-Fact �`� ,i � � � ❑ Trustee ._� . _� ��r. � �� "�� .. ❑ Guardian or Conservator Top of thumb here ❑ Other: Signer is Representing: Vance Corporation Number of Pages: Signer's Name: p Individual � Corporate Officer Title(s): � Partner - o Limited p Attorney-in-Fact p Trustee 0 Guardian or Conservator p Other: Signer is Representing: o General , ,.. s r� �; a� Top of thumb here�� .�►' The bidder is required to supply the following information. Additional sheets may be attached if necessary. (1) Address 227� North Locust Aven��,e. Rialto ca 92�� (2) Telephone No. (909)355-4333 (3) Type of Firm (Individual, Partnership or Corporation) Corporation (4) Carporation organized under the laws of the State of ('al i fnrni a (5) Contractor's License No. 414567 Exp. Date >>/�n�n9 Contractor hereby swears under penafty of perjury that this information pravided is true and correct. n �, , B : %�.-��t-� � �.�-�'� Tltle: President Y ,� Slgnature Verner E. Thomas Contractor (6) List ±he names and addresses of all owners of the firm or names and titles of all officers �f the corporation: Verner F. Thnma� - President 2271 North Locust Avenue Rialto. CA 9�377 (7) Number of years' experience as a Contractor in construction work 2s vears (8) List at least three similar projects completed recently: D— Information Required of Bidder l�arrel T,nhman - SeCretary / Treasurer 2271 North Locust Aver�ue Rialto, CA 92377 Contract Amount Class of Work Date Completed 1.$892,298.00 Road Construction June, 2008 2. $4,349,435.00 3. $1,219,929.00 Street Improvements Street Improvements, AC Pavement & Earthwork April, 2008 February, 2007 Page D-1 Name, Address & Telephone No. of Owner County of San Bernardino, Dept of Public Works 825 E. 3rd Street,San Bernar�dino CA 92415 (909)387-5149 Perris Industrial, LLC, IDS Realty JV, LLC 515 S. Figueroa St, 16th Flaor �(213�3�+7164�7CA 90071 City of Cathedral City 68700 Avenida Lalo Guerrero Cathedral City, CA 92234 (760)770-0349 (9) List the names and addresses oi each Subcontractor who v��ifl perform v��ork in or about the �rti�ork improvement, a�d indicate wh�t po�ion oi �he �n�ork �hliil be done by each SubcontrGctor: ��..:�v�l�Y��d:t�±rS �'�Ce!Ei�. ��9 I L 1l��'� 1 _ . �^. � « ( 1 �_.. License Number. ,� �j �,'� ) �Q��r255: �Y� j �) f%i�.R Y'l�'"]"`_ ^ � t .� �_-;-__ `�'� _ _ . . I elephane: _ , � ��icri< io be performe�: __�� l i I�i C� � � ��cd�r`� ��= _._1 License Number: Address: Teiephone: vVork ta be perrorried: �ubcontractor°s fName: Licerse R�umber: Address: Telephone: Wark to be performed: (10} List the name af the person who inspected the site of the proposed work for your fiirm (1 �) A financial statement or other iniormation and reierences sufficienily comprehensive to permit an appraisal of your current financial condition may be required by the City. Page D-2 (9) List the names and addresses of each Subcontractor who will perform work in or about the work improvement, and indicate what portion of the work will be dane by each Subcontractor: Subcontractor's Name: � / —��'= License Number: !,s`% ��'L� ...- , Address: �.� ,� �,�-'l1il %ll,� Telephone: ��; Q� CD � C�f t r�l �� . � .� Work to be performed: �Up�, � Subcontractor's Name: ��}') i "�!�' o �/ ,��`, License Number: �� j �'./ � Add ress: �(, X_,s ��► V Telephone: � Work to be performed: �l �. �� I�C; :� ` � Subcontractor's Name: f r-� License Number: `�` ' � , Address: 1 �. f h"L'�( .�, � . . .. Telephone: ' ` Work to be perFormed: ,2. L�- ,�,�"' (10) List the name of the person who inspected the site of the proposed work for your firm Mark Hickman (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 City. Page D-2 E — Non-Collusion Affidavit To be Executed by Bidder and Submitted with Bid STATE OF CALIFORNIA COUNTY OF San Bernardino ) ) SS } Verner E. Thomas , being first duly sworn, deposes and Says that he/she iS President Qf Vance Cornoration , til@ party making the foregoing bia; 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; that the bidder has not directly or indirecfly induced or solicited any other bidder to put in a fafse or sham bid, and has not directly or indirectly colluded, conspired, connived, or agreed with any bidder or anyone else to put in a sham bid, or that anyone shall refrain from bidding; that the bidder has not in any manner, directly or indirectly, sought by agreement, communication, or conference with anyone to fix the bid 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 i� 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 divu{ged information or data relative thereto, or paid, and will not pay, any fee to any corporation, partnership, company, associ�tion, organization, bid depasitory, or to �ny member or agent thereof to effectuate a collusive or sham bid. s �� B. � Y Signature Verner E. Thomas `'`'� Tltle: presi dent CONTRACTOR Cs� �K-"� ) Subscribed and sworn to (or affirmed), before me this of (month), 20 (year), by proved to me on the basis of satisfactory evidence to before me, Signature of Notary: Notary Public in and for said County and State Page E-1 day be the person who appeared (seal of notary) JURAT State of California County of San Bemardino Suscribed and sworn to (or affirmed) before me on this � �� day of j�,�G �{ ,2009 by Verner E Thomas proved to me on the basis of satisfactory evidence to be the person(s) who appeared before me. �RITA MUNROE-S1ARK Commlaalon �e � �d � 294 � '� Notary public - Calliornia � � San Berncrdlno County - „�CO�!?•�AAr23,2011 � (seal) Signatur e , , . �m : F - Bidder's Bond To Accompany Proposal KNOW ALL MEN BY THESE PRESENTS, That we, Vance Corporation as principal, atld Safeco Insurance Company of America as SUI'ety, are held and �firmly bound unto the City of Palm Desert in the sum of $ Ten percent (10% of bid) to be paid to the said City or its certain attorney, its successors and assigns; for which payment, well and truly to be made, we bind ourselves, our heirs, executors and administrators, successors or assigns, jointly and severally, firmly by these presents. THE CONDITION OF THIS OBLIGATION IS SUCH, that if the certain proposal of the above bounden principal to perform certain work described as follows: The general items of work to be done hereunder consist of: mobilization, traffic control, concrete pavement, asphalt rubber hot mix (ARHM), grind asphalt pavement, replace traffic signal loops, adjust manhole and valve box frame, cover and concrete curb, and signing and striping required during construction of the improvements and all appurtenant work as required by the plans and specifications. and dated March 31, 2009 is accepted by the City of Palm Desert, and if the above bounden principal Vance Corporation shall duly enter into and execute a contract for such construction, and shall execute and deliver the Performance Bond and Payment Bond and insurance certificates as required by said contract, then this obligation shall become null and void; otherwise it shall be and remain in full force and effect. Should it become necessary for the City 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 attorney's fees, shall be awarded to the prevailing party. Page F-1 IN WITNESS WHEREOF, We hereunto set our Hands and Seals this 25th day Of March 2009 Cnntractor's Name: VANCE COR�E�'RATION � ,-,`. " �,l Contractor's Signature: /''�-f� ��-�'"� ------__.......... Title: ��erner E. Thomas, President Addl"GSS: 2271 North Locust Avenue, Rialto, CA 92377 Telephone: (909) 355-4333 Surety's Name: SAFECO INSURANCE COMPANY OF AMERICA / . Surety's Signature: �-�'G'�.n,_, � O_ l v ��/�' _- - � TItI2: Rhonda C. Abel, Attorney-in-Fact Addi'2SS: 120 Vantis, 3rd Floor, Aliso Vieio, CA 92656 Telephone: (949) 860-6620 Page F-2 CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT State of California County of San Bernardino } SS. On 3� 3 U— Q%' ,before me, Rita Munroe-Stark, Notary Public personally appeared Verner E. Thomas �==�G.w�... ,r.Y... RI7A MUNROE-STARK . Commisslon # 1741294 _ • `� Notary Publlc - Z Cotlfornio � � San 8ernardlno County , "ay „c°mn'• �,+►e��x�, 2ot i � „� who proved to me on the basis of satisfactory evidence to be the person whose name is subscribed to the within instrument and acknowledged to me that he executed the same in his authorized capacity, and that by his signature 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. � i�� ,-- i � v � OPTIONAL Though the information below is not required by law, it may prove valuable to persons relying on the document and could prevent fruadulen# rPrr�oval and reattachment c�f this fr�rm tc� �nather c�orument. I � nQ�r.f"s4�4tT'�- £�# A6�?��?P_!'! �r��_s!.8±n��' ! ' �T'ai � __ ' _ �p----"_ —_ � ..?�a_ _ T!`�+e cJl �ceE+�t3..=:!`-"" � � I.��l..l:I I IC� Il �l�t�. Siqner(s) Uther Than �iamed �,bov?� � �`an�r�efivli��\ �lai►n¢ri Fsnr �ersnPrl�1 � - - e- � . � , - -., I��n.��r� w,nv...r_. ,,._r�--� � �. � JIl,11G1 J iYClI11G. V CI I ICI L. i i Il'1I I IGIJ � I ❑ onaividua� j � i,orpora�e unicer i ��tle(��: Expr lt;r� PrPs;�!�r# I � Partrar C] l if1'�I��C! �1 G?fTE'�al � ❑ ,A.��.:.- ...-�u �# ' � r� �, - a � ��_._�_._ s i uadcc � u i3�uiLieu�i iJi visil.`s�iur�iiiii �,.�; � _ n �%�ISC°. � - `___._'__--__._'___ _ ._."-____ t � 1 � ; _ _ __. '_ .-�_ � �� __._' — � �v S+ eCc 'vvi `�}Ci ai1."a� � i � 3 a��; �i <iia�„� �i�� l41Jf I IU�� VI f Qlj. �J. � JiIJ'. E1C�� :�Vci1l IC. L� Individual � Corporate Officer Title(si� f� Partner - � Limited � Ai:�r�ey-an�F�ct � TillSiCc u Gu�rdian or Gons�rvatc�r C_1 �th2r: `71 !�t_( :.,�; �r�+iii'G��+��IfiID �u �.i.r. �� ..�. � � General CALIFORNIA ALL-PURPOSE CERTIFICATE OF ACKNOWLEDGMENT State of California County of OranQe On MAR 2 j 2�� before me, personally appeazed K. Luu, Notary Public (Hae inaert n�me aad titic of ihe officer) Rhonda C. Abe1 who proved ta me on the basis of satisfactory evidence to be the person(s� whose name(�j is�subscribed to the within instrument and acknowledged ta me that�e/she�t�e} executed the same in�is/ller/#�ei�► authorized capacity{i�, and that by�s/her!#�ei� signatureEs� on the instiument the person(sj, 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 irue and conect. �;�.�;,..�, ,� „. ,. ,. WITNESS my and and official seal. Signewrc of Notery Public S ADDITIONAL OPTIONAL INFORMATION DESCRIPTION OF THE ATTACHED DOCUMENT (Tifle or dwcription of attached document) (Title ot description of sttsehed docament continued) Number of Pages Document Date (Additional infonnstion) CAPACITY CLAIMED BY TF� SIGNER O Individual (s) ❑ Corporate Officer (Title) O Partner(s) � Attorney-in Pact ❑ Trustee(s) CJ Othez � _. . .u,.z�.._.:_... ,.. . a� ..o'"',i ;'`,':`,a . ` G..�(. �'ti:t ...,�, , _Y� ,,, . ��.y'.:.�I�i. '.:i CC�P�iil711.Sl:I�I fr` �]%y(3�� a..;'.,�., : .'i�^�.-y �`i'�Ji�'ify ^L'f" �� e � 4i,�, : �,.,:� � IC - C��(IiQIPI�(7 �- O.;s,c�' ss C.?�C7i�.�)'' t:^�}T,P�t ad �'.,. ._ :/' f,.�;,L:�"T�:'? 1. v°+�«q�°�-, , . • �jrf � , ]l�i'�. `.'nl � (Nobry Seal) ' � INSTRUCTTONS FOR COMPLETING THIS FORM Any achnowledgment completed in Californio must contain ve�biage exactly as appears vbove fn the notary acctinn or a separate acknowledgment forrn must be properly completed and attached to that documenL The on/y exception is ij a dacument !s to be recarded outside ojCalifornfa. In such rnsrances, pny alternative acknowlydgment verbiage as may 6e prtnted on aucti e document so long as rhe vwbiags does not rtquire the notay to do something thof 4 Ukga! for a notary in CaGfornlo (Lt. cat�ing th� authorl��d capacfty of the signerJ. Pleose check Ihe dacument carefuUyjor proper aotarial wording and attaeh thls jarm ijrtquired. • State and County information must be thc State and County where the document signu(s) personally oppearod before the notary public for acknowledgment. • Date of notarizetion must be the dete ihat the signer(s) personatly appcared which muat �lao be tho same datc the acknowledgment is completed. • The noLry public must print his or her name as it appea�s within his or ha commiaeion followed by a comma and then your title (notary public). • P[IRl �IIC Tstllt(H� of document signer(s) who petsonaliy appear al the time of notatization. • Indicate the co�rect eingular or plural forms by croasing off incoaect forms (i.o. halchdd►e� is /ate ) ot ciroling the coaect forms. Fai(tue to coaactly indicate tfiis infoimaGon may leed to rejection of document recording. • The notary aeol impnsaion must be eleaz and photographically reproducible. Lnpression muat not cover text or lines. If aea( impresaion emudgw, re-seal if a sufficient area pem�its, othenvise complete a differont acknowledgment fomi. • Signadue of fhe notary public must metah the eigneturo on file wifh the offtce of the covnty eiedc. . Additional infoanadon is not roquired but could help to ensure this eaknowiedgment is notmisuaed oi attached to � different document. L►dicste $tle ot type of attached dooument, number of pagea end date. . lndicate the wpacity claimed by the aigner. If the elaimed capacity is a coipot�te officet, indicete the title (i.e. CBO, CFO, Secrotary). • Securely etteeh this documenl to ihe signed document Safeco Insurance Company of America General Insurance Company oT America �,j �){�'�'��' POWER �ooi atn Avenue �,{ {. � OF ATTORNEY suite ��oo !►' ill,, � C l��i � Seattle, WA 98154 KNOW ALL BY THESE PRESENTS: No. 9675 That SAFECO INSURANCE COMPANY OF AMERICA and GENERAL INSURANCE COMPANY OF AMERICA, each a Washington corporation, does each hereby appoint **RHONDA C. ABEL; JERI APODACA; LISA K. CRAIL; LINDA ENRIGHT; JANE KEPNER; NANETTE MARIELLA-MYERS; MIKE PARIZINO; RACHELLE RHEAULT; JAMES A. SCHALLER; Irvine, California*********************************** its true and lawful attorney(s)-in-fact, with full authority to execute on its behalf fidelity and surety bonds or undertakings and other documents of a similar character issued in the course of its business, and to bind the respective company thereby. IN WITNESS WHEREOF, SAFECO INSURANCE COMPANY OF AMERICA and GENERAL INSURANCE COMPANY OF AMERICA have each executed and attested these presents this 21 St �� day of March , 2009 s- �.�� Dexter R. Leaa, Secretary Timothv A. Mikolaiewski, Vice President CERTIFICATE Extract from the By-Laws of SAFECO INSURANCE COMPANY OF AMERICA and of GENERAL INSURANCE COMPANY OF AMERICA: "Article V, Section 13. - FIDELITY AND SURETY BONDS ... the President, any Vice President, the Secretary, and any Assistant Vice President appointed for that purpose by the o�cer in charge of surety operations, shall each have authority to appoint individuals as attomeys-in-fact or under other appropriate titles with authority to execute on behalf of the company fidelity and surety bonds and other documents of similar character issued by the company in the course of its business... On any instrument making or evidencing such appointment, the signatures may be a�xed by facsimile. On any instrument conferring such authority or on any bond or undertaking of the company, the seal, or a facsimile thereof, may be impressed or affixed or in any other manner reproduced; provided, however, that the seal shall not be necessary to the validity of any such instrument or undertaking." Extract from a Resolution of the Board of Directors of SAFECO INSURANCE COMPANY OF AMERICA and of GENERAL INSURANCE COMPANY OF AMERICA adopted July 28, 1970. "On any certificate executed by the Secretary or an assistant secretary of the Company setting out, �� The provisions of Artide V, Section 13 of the By-Laws, and i��) A copy of the power-of-attomey appointment, executed pursuant thereto, and (iii) Certifying that said power-of-attorney appointment is in full force and effect, the signature of the certifying officer may be by facsimile, and the seal of the Company may be a facsimile thereof." I, Dexter R. Legg , Secretary of SAFECO INSURANCE COMPANY OF AMERICA and of GENERAL INSURANCE COMPANY OF AMERICA, do hereby certify that the foregoing extracts of the By-Laws and of a Resolution of the Board of Directors of these corporations, and of a Power of Attorney issued pursuant thereto, are true and correct, and that both the By-Laws, the Resolution and the Power of Attorney are still in full force and effect. IN WITNESS WHEREOF, I have hereunto set my hand and affixed the facsimile seal of said corporation this �� oo`" day of i� C� rt*r�'� SEAL � d��'95�� • r��nr" G � 5»EAL , x � �� .�1 Dexter R. Legg, Secretary 5-0974/DS 3109 WE8 PDF � o m N N 3 C � '�a v � � � � h M � � � {O � � i � : � � h O ''�, M y� V� � � 0 ', i� .�'o , 's' .a a.� � , O — �, � �► u4 av v+ +n �r e� �r ,s� rr w � � � � � , � � , � M N � LL 69 hH fft fR fH fA 64 W 4i E9 a N � � O W *' a� c�r ta w w v�r �sr �tr r» us w tC � — � � � � � � � � . i p C1 — � } ,r LL � tH Vi Vf w HT Hl fA b4 t:�f � aA ? 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V1 Q �i � Q � o r os o � � a c E PORTOLAFRE D WA RINGMONTEREYCOUNTRY CLUB HOV L E Y FRA NK S INATRA COOKWASHINGTONELDORADOWARNERMER LE GERALD FORD OASIS CLUB42 ND TAMARISK ROW MAGNESIA FALLS CALIF O R NIA C O L L E G E RU T L E DGESAN PABLOH AR RIS CORPORATECOLLEGE COOKELDORADOCOOKCALIFORNIAHOVLEY HOVLEY HOVLEY CALIF O RNIACALIFORNIAProject Location Project Location Map . Project Location Map Project LocationProject Location