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Home My WebLink AboutC28390 - '08 Citywide Overlay Prjct (752-08)Contract No. C28390 CITY OF PALM DESERT PUBLIC WORKS DEPARTMENT STAFF REPORT REQUEST: Award Contract No. C28390 to Palm Canyon Contractors, Inc., for the Construction of the 2008 Citywide Overlay Project (Project No. 752-08) SUBMITTED BY: Mark Greenwood, P.E., Director of Public Works CONTRACTOR: Palm Canyon Contractors, Inc. P.O. Box 565 Yucaipa, CA 92399 DATE: April 23, 2009 CONTENTS: Vicinity Map Contract Agreement Contractor's Proposal Recommendation: By Minute Motion: 1. Award Contract No.C28390 for construction of the 2008 Citywide Overlay Project (Project No. 752-08) in the amount of $700,134.73 to Palm Canyon Contractors, Inc., of Yucaipa, California; 2. Approve a 10% contingency in the amount of $70,013.47; and 3. Authorize the Mayor to execute the subject agreement. Funds are budgeted and available in General Fund Account No. 110-4311-433-3320, Street Resurfacing. Discussion: The resurfacing project for Fiscal Year 2008-2009 is focusing primarily on two industrial areas in Palm Desert. Our pavement management system identified a high concentration of streets that need significant repair in those areas. The streets, shown on the attached vicinity map, are at the point where an overlay is necessary. The work will include a 1.5" rubberized asphalt overlay over an engineered paving fabric to provide for an expected 20 year plus useful life. Staff Report Award Contract C28390 to Palm Canyon Contractors (Project 752-08) Page 2 of 2 April 23, 2009 On March 31, 2009, sealed bids for the 2008 Overlay Project were opened and read aloud. The following is a summary of the bids received: Palm Canyon Contractors Vance Corporation Coo{ey Construction Hazard Construction Co. Granite Construction Co. Hardy and Harper NPG, Inc. Jacobsson Engineering Imperial Paving Frank & Son Paving Matich Corporation Yucaipa, California Rialto, California Hesperia, California San Diego, California Indio, California Santa Ana, California Perris, California Palm Desert, California Santa Fe Springs, California Chula Vista, California San Bernardino, California $700,134.73 $709,990.00 $748,122.00 $775,000.00 $776,475.00 $777,000.00 $849,444.00 $850,555.00 $868,575.00 $888,687.39 $888,888.00 As shown, Palm Canyon Contractors, Inc., of Yucaipa, California, submitted the lowest responsive bid in the amount of $700,134.73. The low bid came in under the engineer's estimate. Therefore, staff recommends that City Council award Contract No. C28390 in the amount of $700,134.73, plus a 10% contingency, to Palm Canyon Contractors, Inc., of Yucaipa, California, for the 2008 Citywide Overlay Project (Project No. 752-08). Fiscal Impact: This street overlay project is being done as a part of the City's annual street maintenance program. Funding is currently availabfe for this project in the street resurfacirg ac.;oan : 110-4311-433-3320. � Prepa By: -�. Ry Gay P ject A inistrator Approv I: Homer Croy ACM for Deve ment Services Mark Greenv(rood, P.E. Director of Public Works Paul Gibson Director of Finance �x AO C � U �AA `� d � O . � J �, ' '� L ,� � � ,� U � � � J +y � •� A� � ��-� p w � _ oa� �-� 7� � vo� � z4� � aw �'��w�-_.= J n M. Wohlmuth 0. U � w��"�.�L ty Manager �¢a �azaQ>c G:IPub WorkslSta!/ Reporfs120091April 23102 Award Contract Citywide Overlay to Pa/m Canyon Contractors C28390 Proj 752-081SR Award Contract to Pa/m Canyon (or 2008 Overlay Project 752-08.doc CONTRACT NO. C28390 AGREEMENT THIS AGREEMENT is made and entered into this 23rd dav of April. 2009, by and between City of Palm Desert, California, hereafter called "CITY" and Palm Canvon Contractors, Inc. hereinafter called "CONTRACTOR". WITNESSETH RECITALS: CONTRACTOR has submitted to CITY its Contractor's Proposal for the construction of CITY Project, 1. 2008 CITYWIDE OVERLAY PROJECT, PROJECT NO. 752-08, CONTRACT NO. C28390, in strict accordance with the Contract Documents identified below, CITY has accepted said Proposal, inclusive of the base bid only. 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& 2; (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 30 Calendar Days from the Notice to Proceed date to the satisfaction of the Engineer. CONTRACT NO. C28390 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 $1,000.00 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 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 assigns. 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. C28390 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 CONTRACT NO. C28390 CONTRACTOR: BY: Signature to be notarized ATTEST BY: TITLE: CITY: BY: Signature to be notarized TITLE: Mayor 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. C28390 PERFORMANCE BOND KNOW ALL MEN BY THESE PRESENTS: That whereas the City of Palm Desert has awarded to Palm Canvon Contractors, Inc. hereinafter designated as the "Principal", a contract for: 2008 CITYWIDE OVERLAY PROJECT PROJECT NO. 752-08 CONTRACT NO. C28390 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, Palm Canyon Contractors, Inc. 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 Seven hundred thousand one hundred thirtv-four and 73/100 Dollars ($700,134.73), 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. C28390 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 :' INSURANCE COMPANY and/or AGENT ADDRESS TELEPHONE NUMBER CONTRACT NO. C28390 PAYMENT BOND KNOW ALL MEN BY THESE PRESENTS: THAT WHEREAS, the City of Palm Desert (sometimes referred to hereinafter as "Obligee") has awarded to Palm Canvon Contractors, Inc. (hereinafter designated as the "CONTRACTOR"), an agreement dated April 23, 2009 described as follows: 2008 CITYWIDE OVERLAY PROJECT, PROJECT NO. 752-08, CONTRACT NO. C28390, (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, Palm Canvon Contractors. Inc. , the undersigned CONTRACTOR, as Principal, and a corporation organized and existing under the laws of the State of , and duly authorized to transact business under the laws of the State of California, as Surety, are held and firmly bound unto the City of Palm Desert and to any and all persons, companies or corporations entitled to file stop notices under Section 3181 of the California Civil Code, in the sum of Seven hundred thousand one hundred thirtv-four and 73/100 Dollars ($700,134.73), 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. C28390 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 PR�POSAL 2008 C{TYW{DE OVERLAY PROJECT PROJECT NO. 752-08 C�NTRACT NO. C28390 TO: C{TY OF PALM DESERT, "CITY" DATE: I�I AR �1�.��9 BIDDER: � /'�oLm CA�-�s'v �,,.�i�iilG�Ol�-S 1„�NG . "CONTRACTOR" The UNDERSIGNED, "CONTRACTOR", having carefully examined the site and the Contract Documents for the construction of, 2008 CITYWIDE OVERLAY PROJECT, PROJECT NO. 752-0$, CONTRACT NO. C28390, 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 authorized in writing by CONTRACTOR — not by telephone or telegram — before the time specified in the Notice Inviting Bids for the public opening of bids, this Proposal constitutes an irrevocable offer for 60 calendar days after that date. 2. The 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 C1TY 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 wi11 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, inciuding 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 76�3417G�� ,.. . , r 11.25.06 a.m. 03-26-2009 4 /4 i cost of maintaining or consiruction altemate facilities occasioned by the failure to execute and deliver said documents. 1 2 3 4 5 6 7 $ s 10 It is understood that the quantities shown hereon, except for those quantities marked "Lump Sum", are estimates and the final payment will be based upon the actual work performed, subject to such adjustment and atterations as elsewhere provided herein. Mobilization Traffic Control Localized Asphalt Repair Cold Mi(I Asphalt Concrete Engineered Paving Mat (include crack filler where applicable) Asphalt Rubber Hot Mix — 9.5" Adjust Manhole Frame and Cover Adjust Valve Frame and Cover Traffic Signal Loop Detectors Signing and Striping TOTAL BASE BID PRICE LS LS SF SF SF SF EA EA EA LS 1 1 45,000 105,000 500,OQ0 500,040 28 100 17 1 � 2 �3 ( °°�' $,26 3�' � sS�Z% ��,9►Z °I �,2,�%' I� I o'�, gs o'� $ 6. �. I � �o Smb� $ a, i I $�.,�'0100� $ o./ i $ 36S �� 3 g s � �� ogs�� y� � � 3�,�1z° $ �,53 %I $Y,�o7� $//.5�8' � $ �/528� � $� $� I � ��v,13y �� Page C-2 revised r � � Localized Repair on Fred Waring Dr. TOTAL ALTERNATIVE #1 PRICE � � / � �O� i $ j 3 3,�s�o � i 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 $ %v�, J3� � TOTAL AMOUNT BASE BID IN WORDS �, h/�n�a2E�p /fi�ovs,o�,o oiv� l� !� ^- A�2 Lr+t'� °'d " / � � 2� �l '�%O�i 2 �� ,02 S ,�� .�f /�L�ti�y ' � 2.�.�� CG�t��S r TOTAL AMOUNT BASE BID PLUS ALTERNATIVE #1 IN FIGURES $� °�' TOTAL AMOUNT BASE BID PLUS ALTERNATIVE #1 IIN WORDS d,v��,,i,a2,�p � / � , 2 3-`1 -�i► fL,c-f' . �« S.o �vo .Sr 1s ��-lv�a 2 �D � ��% �o ��A2.S , , IN WITNESS WHEREOF CONTRACTOR ecuted this proposal as of date set forth on Page C-1: By: � I��—�`_ Sign r ��o,L�� , YY/ � y��. Titl`e: _,� �'H o,2� zE � vd � E.�.^i' COIdTRAET LO tl E. IL3tR0 �., �*+� �' �� Attest by• -� � �� otary Public in and for said County and State � M'r Comm. Exqlrei Jut �11 � Title: � �1� �t,�(o.t P , Page C-3 D— INFORMATION REQUIRED OF BIDDER The bidder is required to supply the following information. Additional sheets may be attached if necessary. i�) �2) (3) (4) Address gLo 3 �,d RA�A Ay£. Telephone No. �� q� 3 0 7— 6� o� �E �� ,�o� s , G�o 9'z'�'�� Type of Firm (Individual, Partnership or Corporation) Corporation organized under the laws of the State of (- o/L�o,�.v �,v c��. ��,�,� (5) Contractor's License No. �Z3 7�o Exp. Date q- 30 ��i Contractor hereb wears under penalty of perjury that this information provided is true and correct. By: . 5 Title: ��Th'1z, z�� /��'6� L��ture ��dti6� �, /�loyE,� Contractor (6) List the names and addresses of all owners of the firm or names and titles of all officers of the corporation: 3 S`8 � 3�%� %� A� P Lr►-. �7��.. �-� I�t�D SO�vI�/l�s- GI��A� �p�o ; PA �L3 1�'J 3 3 $� �G,� , E J(% �N C N�C JS��i �SE'V ��/G�D �J✓GA � �A � %A � Z3�! � � � � 33�� Ov�'. �' �r.n.�1 (/�+ rL,sT,�� S�'✓� ��, '7va•o � nA � C'4 9 L3 9 9 1 � (7) Number of years' experience as a Contractor in construction work � S-�' (8) List at least three similar projects completed recently: ' Contract Amount 1. �da� � / I 2. �S, � �-� !, � l 3. �� oz� � Class of Work Date Completed .Q�R AfP��Li Co`o M � �/� ^�'� � G o vE�-[,e v S � /t � �,o ✓ f �� Cu�o �,, li,.�—� QG u ,t�.,�►�� A � � �� m a oE�N %�� D � 3�o Q Name, Address & Telephone No. of Owner c,T y o -� .�, y�r�,�� .?'L r S' � A sEL� � t' �f , y�j%.I ,"� �4��6�- �7 3 z- 9z-3 f`< I �' t'1 �j I � ��i ) .t Na0 - i��q�`s � oa�Ny� wp� �I'o,�ANio q7i33.f l Qoq� 3s0�' i9�`> >! �' C r'i'� �� d n.7A 2�`b � 3�13o E, F,�., Si i ljv��:,a 9'r�6y �o9J -� yS=zao� Page D-1 (9) List the names and addresses of each Subcontractor who will perform work in or about the work improvement, and indicate what portion of the work will be done by each Subcontractor: Subcontractor's Name: �,d ll A rn E2�c.A N _ License Number: �� a7 3 — �4 Address: i�o � 4 X 'z.Z�— � eo �-o ti A 1 G�o � Zk`7 � Telephone: %�i � ►� � 3 � � �� S' ► � .�. Work to be pertormed: � n, �� n.�;� �� v��►- �✓Y1n 1 Subcontractor's Name: �La�A ( �o �,!� S�✓�1�� 1�G ,, License Number: �7 S 7 S"� 8'� Address: /0 d' 3 Z- �o��/ �+'t • ��e�ti �z.� ve . Go �Z��3 Telephone: �71 y� 8��1 � , � � �S� Work to be performed: r 2.� �� 4��''i � , Subcontractor's Nam`�: �'`�A �r► � 2 E'� ( n n.S'r2.V �nn� � L"�G License Number: �� 3 2`-{ r Address: G.S6 �- ��n� 3 G��n�.A 2�r i►-O �D - i Co�, �.-�o GA 9� 7 7--�3 Telephone: �� z 6� Q 6�7 �' s�� d Work to be performed: y}?,� ni �t�� V A�t�2 �r� �- ji e� (10) List the name of the person who inspected the s�of the proposed work for your firm �'� o�G'C E �J�.o y t (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 (g.) 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 wili be done by each Subcontractor: Subcontractor's Name: 5��1 Sa�v �L��-"�►'Z�G 3_I'�G License Number: �� g Address: % ! 3� G , ,� ��A ��1LT ��-� �, � 1 ��<7 Telephone: ��y-� � / 7 J ��S'� Work to be performed: �Q�O T�'/ G ��+�� _ Subcontractor's Name: �.Al � S �� G � � ^' � License Number: ,� f�S�fr7 Address: � 7 S✓ .SO . i`� �> ST2 Et��7' 5�0,� ��/z�,,,o ��, f.�a , C� �Zy'� a Teiephone: � I�U 9 � Work to be performed Subcontractor's Name: License Number: Address: Telephone: Work to be performed: , �`�y �-' �/ 7 � � ,� � s, j �i, n� ( �i .s'i �. � �_ � / (10) List the name of the person who inspected the site of the proposed work for your firm (11) A financial statement or other information and references sufficiently - comprehensive to permit an appraisal of your current financia{ 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 ) , ) SS COUNTY OF 5'Qrt�Pxnar�l�nct) C�( �CS�r��- L%• M0 �'�'�' , being first duly sworn, deposes and says that he/she is Acu.-�vtual� A��lerv� of t�G�v,n ('IIm,,vrm �'ri��, 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; 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, direetly or indirectly, sought by agreement, communication, or conference with anyone to fix the bid price of the bidder or any other bidder, or to fix any overhead, profit, or cost element of the bid price, or of that of any other bidder, or to secure any advantage against the pubic body awarding the contract of anyone interested in the proposed contract; that all statements contained in the bid are true; and, further, that the bidder has not, 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 a y corporation, partnership, company, association, organization, bid depository, or to y member or agent thereof to effectuate a collusive or sham bid. By: �� --- Signa �--�� , d'�%' � � � � itfe: � l/�� Z�-�' ��'�'� �' CONTR�TOR Subscribed and sworn to (or affirmed}, before me this of Mt`WC�-- (month), 20 (`�� (year), by �,r,r-�. proved to me on the basis of satisfactory evidence to befare me. �� da �. c A,�ts-h-�drn{ l� � ( � �-� be the person who appeared LORI E. CAtt18tROM Conafiitsbn #►175��8 Signature of Notary: C�-- � � � � � Notary Public in and for said County and State � �►comm. ExpltetJulC 29 �tt� (seal of notary) Page E-1 F - BIDDER'S BOND Tn Accompany Proposat KNOW AL� MEN BY THESE PRESENTS, Thatwe, Palm Canyon Contractors, Inc. a$ principal, and First National Insurance Company of America $5 surety, are held and firmly bound unto the City of Palm Desert in the sum of $ c� l (10°to of bid) to be paid to the said City o� its certain attorney, its successors and assigns; for which payment, well and tn.ily to - be made, we bind ourselves, our heirs, executors and administrators, successors or assigns, jointly and severally, firmly by these presents. (1) Ten Percent (10'�) of the Total Bid Amount THE CONDITION OF THIS OBLIGATION IS SUCH. that if the certain p�oposal of the above bounden principal to perform certain work described as follows: The general items of work to be done hereunder consist of: Cold Milling Asphalt, Localized Repair, Installing Paving Fabric, Paving wi#h Asphalt Rubber Hot Mix, Adjusting Manhole and Valve Frames and Covers to grade, Installing Traffic Signal I�oop Detectors, Striping, Traffic Control, and other duties necessary for full execution of #he project, and dated March 31, zoo9 . is accepted by the City of Palm Desert, and if the above bounden principal Palm Canvon Contractors. Inc. Si1c111 duly entet into and execute a contract for such constructipn, 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, ar any other I�gal proceeding to enforce the terms and conditions of this bond, then all costs of said proceeding, including attomey's fees, 5hall be awarded to the p�evailing parly. Page F-1 f �N WITNESS WHEREOF, We hereunto set our Hands and Seals this 24th day p� March , ZOO9. Contractor's Name' Palm Canyon Contractors, tnc. Contractor's Signature: _ - Tit1e: Address: 8203 Alabama Street Hioh1and, CA 92346 Telephone: (909) 307-6101 $UI'e�j�'s Name: �� rst Nati onal 1 nsurance Company of Ameri ca Surety's Signature: %�l �%l---V `... Kenneth A. Coate Title: pttorney-In-Fact Address: 330 N. Brand Blvd., Suite 950 Glendale, CA 91203 Telephone: �818) 956-4259 Page F-2 f CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT . . � > :.<��,� � State of California County of Riverside on �'�� 2 4 2009 Date personally appeared before me, I�ichele l�. Qualls, Natary Public Here Insert Name and Title of the pfficer Kenneth A. Coate � ;. , \...;��.�,.�y.-� M1CH��E M. QUALLS � u, �..,. -� C(��ANI. #17Q4204 � NOTARY PUSLIC - CALIFORNIA � � RIVERSIDE COUNTY My Ccmm Expires Nov. 11, 2010 �..__.,'x: _,. .. �- -- � -- ... ., .. Name(s) of Signer(s) who proved to me on the basis of satisfactory evidence to be the person(�} whose name(s} islare subscribed to the within instrument and acknowledged to me that he/s#3e/t!� executed the same in his/be�/tk� authorized 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 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. Signature��-�� `�, ' / �� ' }� � Place No[ary Seal Above Signature of Notary Public OPT/ONAL Though tha informafion below is not required by law, if may prove valuable to persons re�ying on the document and could prevenf fraudu/ent 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: ❑ Individual ❑ Corporate Officer — Title(s): � Partner — ❑ Limited ❑ General _ � �I _ :. , O Attorney in Fact , .� ❑ Trustee Top of thumb here ❑ Guardian or Conservator ❑ Other: Signer Is Representing: Number of Pages: Signer's Name: ❑ Individual ❑ Corporate Officer — Title(s): ❑ Partner — ❑ Limited ❑ General ❑ Attorney in Fact ❑ Trustee ❑ Guardian or Conservator ❑ Other: Signer Is Representing: �� "I ` ;' , . Top of thumb here �' �_�`L✓v�'�NK^L,'�� C �^'L �2 '�"-.�{�"�'J(>.S',Jj-C'A^<.f6.C�'i'L�}G��_}O . , .�_rW ` , ^ � .�( �2007 National Notary Association • 9350 De Soto Ave., P.O. Box 2402 • Chatsworth, CA 91313-2402 • www.NationalNotary.org Item k5907 Reorder: Call Toll-Free 1-806-876-6827 � Liberty Mutual. KNOW ALL BY THESE PRESENTS: That FIRST NATIONAL INSURANCE COMPANY OF AMERICA, a Washington corporation, does hereby appoint *****'**'"�***'*******'***'*KENNETH A. COATE; JULIA B. GLADDING; Riverside, California************************'** POWER First National Insurance Company of America 1001 4th Avenue OF ATTORNEY s��te ��oo Seattle, WA 98154 No. 12417 its true and lawful attomey(s)-in-fact, with full authority to execute on behalf of the company fideiity and surety bonds or undertakings and other documents of a similar character issued by the company in the course of its business, and to bind FIRST NATIONAL INSURANCE COMPANY OF AMERICA thereby as fully as if such instruments had been duly executed by its regularly elected oificers at its home office. IN WITNESS WHEREaF, FIRST NATIONAL INSURANCE COMPANY OF AMERICA has executed and attested these presents this 2�st day of March , 2009 �� t�? -;--� � . Dexter R. Legg, Secretary Timothy A. Mikolajewski, Vice President CERTIFICATE Extract from the By-Laws of FIRST NATIONAL INSURANCE COMPANY OF AMERICA: "Articie V, Section 13. - FIDELI7Y AND SUREN BONDS ... the President, any Vice President, the Secretary, and any Assistant Vice President appointed for that purpose by the officer in charge of surety operations, shali each have authority to appoint individuals as attorneys-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 oi 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 FIRST NATIONAL 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 Articie V, Section 13 of the By-Laws, and (ii) A copy of the power-of-attorney 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 FIRST NATIONAL 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 this corporation, 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 WHERfOf, f have hereunto set my hand and a�xed fhe facsimile seal of said corporation this 24th dayof March , 2009 sEa�. �,y,�1928� S-1049IDF 3/09 1�r� �=�j� Dexter R. Legg, Secretary WEB PDF ��y°n COntr� � c� � � ON � � � n General Engineering License #823760 P. O. Box 656, Yucaipa, CA 92399 •(909)307-6101 • Fax (909)335-0433 CORPORATEACT?ON BY CONSEN'�' OF THE BDARD Of DIRECTORS OF PALM CANYON CONTRACTORS, INC. As permitted by law, the Board of Directors, being ail of the Board of Directors of the above corporation, unanimously adopt the following corporate action(s) without a meeting. I.. AUTHORIZATION OF CORPORATE ACTION. The Officers are authorized to take all actions and to sign all documents reasonable needed to: II. AUTHORIZATION TO SUBMIT BIDS. The Board of Directors hereby authorize the Company Estimator, George E. Moyer, to submit bids in the name of Paim Canyon Contractors, Inc. IIi. AUTHORIZATION TO SIGN CONTRACTS. The Board of Directors hereby Authoriie the Company Estimator, George E. Moyer, to sign contracts in the name of Palm Canyon Contractors, Inc. .�f'� /� ; � � ��v � � ; /]ohn Christensen ' - Chief Finagcial Officer �� S � d Date � 760 3417098 11 .30 29 a.m. 03-25-2009 1/3 . � 0 0 CITY OF PALM DESERT CALIFORNIA ADDENDUM NO. 1 2008 Citywide Overlay Program PROJECT N0. 752-0$ CONTRACT NO. C28390 ISSUED March 17, 2009 � "/ �� `E3o Chen, P.E. City Engineer PORTANT NOTE: RECEIP7 O� THIS ADDENDUM MUST BE Addendum h�r n acknowfedged�fie ED IN �ANa'ay�o� 1VIarcIiPZU09- SAL , Geor E. oyer , A orized Agent z�;��, �so ,�5� / . , p 11 :24_25 a_m. 03-26-2009 1 /4 CITY OF PALM DESERT CALIFORNIA ADDENDUM NO. 2 20�8 Citywide Overlay Program PROJECT NO. 752-Q$ CONTRACT NO. C28390 lSSUED March 26, 2009 � � � ��} � +� BO CHEN, P.E. CITY ENGINEER PORTANT NOTE: RECEIPT OF THIS ADDENDUM MUST BE '. � ACKN�WLEDGED i�1 CONTRACTOR'S PROPOSAL Addendu ' rein acknowledged the 3! s� day of March, 2009 � �l � �eorg . oyer , �iuthorized Agent � � FRANK SINATRA DRFRANK SINATRA DR ELDORADO DRELDORADO DRTAMARISK ROW DR TAMARISK ROW DR COOK STCOOK STFR ANK SI NATRA DRFRANK SI NATRA DR PORTOLA AVEPORTOLA AVEMONTEREY AVEMONTEREY AVEPORTOLA AVEPORTOLA AVECOOK STCOOK STGERALD FORD DR GERALD FORD DR HOVLEY LN WHOVLEY LN W PORTOLA AVEPORTOLA AVEFRED WARING DRFRED WARING DRWARNER TRLWARNER TRLFRED WARING DRFRED WARING DR EL PASEOEL PASEO DEEP CANYON RDDEEP CANYON RDCOOK STCOOK STMOUN TAIN D RMOUNTAIN D R HOVLEY LN EHOVLEY LN E PORTOLA AVEPORTOLA AVECOUNTRY CLUB DRCOUNTRY CLUB DR ELDORADO DRELDORADO DRMILES AVEMILES AVECOOK STCOOK STCOUNTRY CLUB DRCOUNTRY CLUB DR HOVLEY LN E HOVLEY LN E COOK STCOOK STMAGNESIA FALLS DRMAGNESIA FALLS DR SAN PABLO AVESAN PABLO AVEELDORADO DRELDORADO DRHOVLEY LN EHOVLEY LN E OASIS CLUB DROASIS CLUB DRCOUNTRY CLUB DRCOUNTRY CLUB DR MONTEREY AVEMONTEREY AVEMONTEREY AVEMONTEREY AVEEL PASEOEL PASEO FRED WARING DRFRED WARING DR VARNER RD VARNER RD HWY 111HWY 111 HWY 111HWY 111 City of Palm Desert 752-08 CAROLINE COURT 11,417ENFIELD LANE 62,975ENTREPRENEUR LANE 29,952GARAND LANE 19,879GLENWOOD LANE 22,172MEADOW LANE 22,944MELANIE PLACE 49,221MERLE DRIVE 70,680PARK CENTER DRIVE 21,857RITTER CIRCLE 13,423SHERYL AVENUE 66,436SONATA COURT 19,455SPRINGFIELD LANE 61,288 Total: +/- 471,697 Square Feet (Overlay) I1 inch = 2,100 feet OVERLAY