HomeMy WebLinkAboutC28660 - '09 Citywide Restriping (564-09) Contract No. C28660
CITY OF PALM DESERT
PUBLIC WORKS DEPARTMENT
STAFF REPORT
REQUEST: Award Contract No. C28660 for 2009 Citywide Restriping Project
(564-09) to Orange County Striping Services, Inc., in the Amount of
$58,295.00.
SUBMITTED BY: Mark Greenwood, P.E., Director of Public Works
APPLICANT: Orange County Striping Services, Inc.
183 N. Pixley Street
Orange, CA 92868-2207
DATE: April 23, 2009
CONTENTS: Contract Agreement
Contractor's Proposal
Performance Bond
Payment Bond
Vicinity Map
RECOMMENDATION:
By Minute Motion:
1. Award Contract No. C28660 for 2009 Citywide Restriping Project
(564-09) to Orange County Striping Services, Inc., in the Amount of
$58,295.00;
2. Authorize the Finance Director to set aside the amount of $5,829.50
as a 10% contingency.
3. Authorize the Mayor to execute the said Agreement.
Funds are available in General Fund-Striping and Legends-Routine Maintenance-
Streets Account No. 110-4315-433-3320.
DISCUSSION:
Citywide Restriping is an annual program conducted within the City of Patm Desert.
This year's program includes repainting all traffic lines on various roadway segments;
repainting of all traffic lines and markings and the installation of missing reflective
Staff Report
Award Contract No. C28660 to Orange County Striping Services, Inc.
Page 2 of 2
April 23, 2009
pavement markers on Highway 111; and realignment and repainting of the Golf
Cart/Bike Lane stripes on Highway 74.
On March 31, 2009, sealed bids for the project were opened and read aloud. The
following is a summary of the bids received:
Contractor Location Bid Amount
Orange County Striping Services, Inc. Orange, CA $ 58,295.00
Chrisp Company Fremont, CA $ 71,466.00
PCI Long Beach, CA $ 76,645.00
Orange County Striping Services, Inc., submitted the lowest responsive bid in the
amount of$58,295.00.
Therefore, staff recommends that City Councif award Contract No. C28660 in the
amount of $58,295.00 to Orange County Striping Services, Inc., for 2009 Citywide
Restriping Project (564-09), authorize the Finance Director to set aside a 10%
contingency in the amount of $5,829.50, and authorize the Mayor to execute the
agreement.
Prepared By: � Departm t d:
�1�
✓C -
ark S. Diercks, P.E. Mark Green ood, P.E.
Transportation Engineer Director of I�ublic Works
Approv�
��
�. _ P -
Homer Croy Paul S. Gibson
ACM for Devel ment Services Director of Finance
crTY coulvcn��TroN
f � APPROV�D DENiED
RECEIVED OTHER�_,_�
M. Wohlmuth MEETI'VG DAT �
, C� Manager AYES: `� ° -�Y r �� - �C ��-,� �
Nors: '
/Clg ABSENT:
AI3STAIlY:
VCRIFIED BY;� �l�l
Original on File with Cit�l�lerk's Office
G:IPubWorksIPROJECTS1564-XX Citywide Striping1564-09 Citywide Shipingl Stafl Reports105 Award Contract 2009 Citywide Stripingl SR Award Contract to OC Striping-2009
Citywide Restriping.doc
Contract No. C28660
Agreement
THIS AGREEMENT is made and entered into this 23rd day of April, 2009, by and
between City of Palm Desert, California, hereafter called "Owner" and Oranqe Countv
Stripinq Service, Inc. hereinafter called "CONTRACTOR".
WITNESSETH
RECITALS:
CONTRACTOR has submitted to Owner its Contractor's Proposal for the construction
of Owner Project,
1. 2009 CITYWIDE RESTRIPING, PROJECT NO. 564-09, CONTRACT NO.
C28660, 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 Nos. -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 Thirty (30) 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:
G-1
Contract No. C28660
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 sub-contractor s, its agents or employees, and, all expenses of
investigating and defending against same,
a. Any and all liability, claims, damages, losses or injuries to any and all
Contractors, sub-contractors, 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.
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.
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 (ONE THOUSAND
AND NO /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.
G-2
Contract No. C28660
Release of Retention
The prime Contractor agrees further to release retention payments to each Sub-
contractor within 30 days after the Sub-contractor'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
G-3
Contract No. C28660
CONTRACTOR: Orange County Striping Service, Inc.
BY: ATTEST BY:
Signature to be notarized
TITLE: TITLE:
OWNER:
BY: ATTEST BY:
Signature to be notarized
TITLE: Mayor 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
G-4
CONTRACTOR's Proposal �
2009 CITYWIDE RESTRIPING
Project No. 56409
Contract No. C28660 �
TO: CITY OF PALM DESERT, "Owner"
DATE: �/"� ARcµ 3 � 2J0 �
BIDDER: C�21��0�,�' C'��7�i _S i,�.[�iN� S�z2Wic�.E, "CONTRACTOR"
�NC:.,
The UNDERSIGNED, "CONTRACTOR", having carefully examined the site and the
Contract Documents for the construction of, 2009 CITYWIDE RESTRIPING, Project No.
564-09, Contract No. C28660 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 Owner:
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 Owner 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 OWNER. Said
contract shall only be deemed awarded after the Contractor's complete submission
of all contract documents, bonds, insurance documentation, and the OWNER shall
obtain all necessary signatures of the governing body, at which time the contract
shall be deemed awarded. _
4. To submit to Owner such information as Owner may require to determine the
Bidder's financial standing experience and to perform the work.
5. That the accompanying certified or cashier's check or Bid Bond constitutes a
guarantee that if awarded the contract, Contractor will execute the Agreement and
deliver the required bonds and certificates of insurance within 10 days after notice of
award. If Contractor fails to execute and deliver said documents, the check or bond
is to be charged with the costs of the resultant damages to Owner, including but not
limited to publication costs, the difference in money between the amount bid and the
amount in excess of the bid which costs Owner to do or cause to be done the work
involved, lease and rental costs, additional salaries and overhead, increased interest
and costs of funding the project,. attorney expense, additional engineering and
architectural expense and cost of maintaining or construction alternate facilities
occasior�ed by the failure to execute and deliver said documents.
Page C-1
It is understood that the quantities shown hereon, except for those quantities marked
"Lump Sum (LS)", are but estimates and the final payment will be based upon the actual
work performed, subject to such adjustment and alterations as elsewhere provided
herein.
� . ' • i � ' � • "
- �, >=; � _ --
� _ -
_...__, - ..: . . .
.: ,:. . __ _, .
REPAINT EXISTING TRAFFIC LINES ON 35
AVE., GATEWAY DR., DINAH SHORE DR. �
1 PORTOLA AVE.(2 SEGMENTS), HOVLEY LANE LS 1 LS $ 5����
WEST, AND CALIFORNIA AVE, AS
DESIGNATED IN APPENDIX"A".
REPAINT EXISTING TRAFFIC LINES,
MARKINGS, LEGENDS, CROSSWALKS, LIMIT
2 LINE, STOP BARS AND CHEVRON STRIPES; LS 1 LS $ �'`'
AND REPLACE MISSING REFLECTIVE ��,�,(nS�-
PAVEMENT MARKERS (RPM)ON HIGHWAY
111, AS DESIGNATED IN APPENDIX"A".
ON HIGHWAY 74 BETWEEN CAHUILLA WY.
3 AND EL PASEO, REMOVE, BY WET LS 1 LS $ �'�'
SANDBLASTING, EXISTING 6" BIKE LANE ����S .
STRIPE,AS DESIGNATED IN APPENDIX"A".
ON HIGHWAY 74 BETWEEN CAHUILLA WY.
AND EL PASEO, FOG SEAL FROM EDGE OF
GUTTER TO NEW BIKE LANE STRIPE t►a
4 ALIGNMENT. DO NOT SEAL OVER EXIST. LS 1 LS $q,g���
!
BIKE/GOLF CART LEGEND MARKINGS, AS
DESIGNATED IN APPENDIX"A". -
PAINT 6"WHITE, TWO COATS, DETAILS 39
AND 39A, 8' OFF EXISTING CURB FACE AS
5 DIRECTED IN THE FIELD BY THE CITY LS 1 LS $ °'�
INSPECTOR, ON HIGHWAY 74 FROM �.3 ] O.
CAHUILLA WY. TO EL PASEO, AS '
DESIGNATED IN APPENDIX"A".
PAINT 6"WHITE BIKE LANE STRIPE (DETAIL
39), TWO COATS, OVER EXISTING EDGE �o
6 STRIPE ON WEST SIDE OF HIGHWAY 74 LS 1 LS $ ���
BETWEEIV PALOWET AND CAHUILLA WY, AS �
DESIGNATED IN APPENDIX"A".
TOTAL BID PRICE $S'� �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 $ �� ,� q�� ��
TOTAL AMOUNT BASE BID IN WORDS F� ��TY �� G F-1�T T1�dU.-s°A-�vl�
1 �../� 1� t,�,N�2,�� ��llf'E i v � V� g-�x�t� h o�.[�S°
Page C-2
IN WITNESS WHEREOF CONTRACTOR executed this proposal as of date set forth on
Page C-1:
By:
,� Signat � �� ����$��
Title: Pre.��1�_
rnnrrRnrTnR
Acknowledgement
State of California )
County of ��F1►Y6�� )
On '�'���'� � ' ���`� � before me, (here insert name and title of the officer),
personally appeared l�tf��-� ��77�'�-SDJ� j��L�S! ,a��
_,who proved to me on the basis of satisfactory evidence to be the person(,s')whose
name(�j is/-ar.�subscribed to the within instrument and aclrnowledged to me that hels�ie�ey
executed the same in his/taex�t�ieir authorized capacity(�),and that by his/her�e�•
� - � si aiure on the instrument-the erson �ar-�l�e er�ti.. �a on be�alf of which the erson �
b'� ��- P f�� �5' P P F�
acted, executed the instrument.
I certify under PENALTY OF PER.�URY under the laws of the State of California that the
foregoing paragraph is true and correct.
WITNESS my hand and official seal.
JILL ZIEGLER
. ^ CoMM.# 1677256 rn
U) NOTARO��I�� RI�A �'
Signature ( a Mr Cowr.Ex�.JuNE 23,20�0'�
` ° ,__---�--'
Page C-3
Information Required of Bidder
The bidder is required to supply the following information. Additional sheets may
be attached if necessary. ORANGE��UNTY STRIPING
(1) Address ������� iNC.
Y
(2) Telephone No. O�iANGE, CA 92868-2207
,.�...
(3) Type of Firm (Individual, Partnership or orporation) '�
(4) Corpo�ation organized under the laws of the State of �c-� ����e�-
(5) Contractor 's License No. �Y -."�.5; Exp. Date .�/3�/d/'
Contractor hereby swears under penalty of perjury tha his i fo tion provided
is true and correct. �OUg�aS�a'���'5�,�
B ��.w.,,�_ .
y: ' Title: �_
Sig � re CON
,
(6) List the names and addresses of all owners of the firm or names and titles of all
officers of the corporation:
�d (t+-S ifl���1�i:�,t� ��S�'Lr.-.�t.
/Li �'!'v ��Z%�J��—Z •�c'--G—,
�f�&,r��— ��j��,^�i_"�- /�,�- �.�� ._.
(7) Number of years' experience as a Contractor in construction work�
(8) List at least three similar projects completed recently:
Contract Amount Class of Work Date Completed Name, Address & _
Tele hone No. of Owner
1 � �.� � ����
2.
3.
Page D-1 ��
NGE COU
p M
0
A T
r
# �
STAIPING SERVICE INC
CA Contractor's License#346095
183 N. PIXLEY STREET • ORANGE • CALIFORNIA 92868 • PHONE (714)639-4550 • FAX(714) 639-6353 or 639-2608
Here is a list of the Cities with similar contracts that we are currently maintaining.
CITY: CONTACT: PHONE#:
CITY OF ALISO VIEJO Joe Garza 949-831-2716
(P.V.Maintenance)
CITY OF ANAHEIM Cindy Blake 714-765-5099
CITY OF BREA Will Wenz 714-990-7695
CITY OF CARLSBAD Kelly Brooks 760-802-7731
CITY OF HAWAIIAN GARDENS Joe Vazquez 562-420-2641
CITY OF IRVINE Scott Roseberry 949-724-7620
CITY OF LAGUNA NIGUEL Kevin Smith 949-795-0647
(Charles Abbott) -
CITY OF LAKE ELSINORE Lupe Gomez 951-674-5170
CITY OF MURRIETA Mike Brooks 951-304-9273
CITY OF NEWPORT BEACH Perry Acuna 949-718-3478
CITY OF NORCO Bill Thompson 951-270-5607
CITY OF OCEANSIDE Paul Pace 760-435-5078
CITY OF ORANGE Chris LaFace 714-532-6426
CITY OF SAN JUAN CAPISTRANO . Juan Camacho 949-443-6394
CITY OF SANTA ANA Kim McPeck 714-647-3339
CITY OF SANTA MARGARITA Joe Garza 949-831-2716
(P.V.Maintenance)
' CITY OF STANTON Nick Guilliams 714-379-9222
(9) List the names and addresses of each Sub-contractor who will perform work in or
about the work improvement, and indicate what portion of the work will be done by each
Sub-contractor:
Sub-contractor 's Name: ,��,� ,,r�.rJ2, ��.+� l�s���L�r-
License Number: �(,� �c�'�'�
Address: �(t�� � , � � ,��- . �'p��v��. , � 9 2Q >�
Telephone:�`�� � 3� " 71,�(�C1
Work to be performed: FOG- ��.ft �,
Sub-contractor 's Name::
License Number:
Address:
Telephone:
Work to be performed:
Sub-contractor 's Name::
License Number:
Address:
Telephone:
Work to be performed:
(10) List the name of the person who inspected the site of the proposed work for your
firm �-�-u�e.l� �oG,ctr��d b
(11) A financial statement or other information and references sufficiently
comprehensive to permit an appraisal of your current financial condition may be
required by the Owner.
Page D-2
Non-Collusion Affidavit
To be Executed by Bidder and Submitted with Bid
STATE OF CALIFORNIA)
) SS
COUNTY OF RIVERSIDE)
��.� �, ��-� , being first duly sworn, deposes and
says that he/she is �yrs,�.s.�- of �`"��=,-r c:��y.�i;d=�� Sr�«� 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, 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 in the proposed contract; that all
statements contained in the bid are true; and, further, that the bidder has not, directly or
indirectly, submitted his or her bid price or any breakdown thereof, or the contents
thereof, or divulged information or data relative thereto, or paid, and will not pay, any fee
to any corporation, partnership, company, association, organization, bid depository, or
to any member or agent thereof to effectuate a collusive or sham bid. _
Subscribed and sworn to, before me this��day of M�-C.N , 20�,
P
B y.
Signature
-��������� ��t�ers�� -
Title: ���;��,�,�
/'� CTOR
I�Y2�1 z.� �b hl.Q/ L`bL •.�4� �jRSi s DT �Y�l.s�A L�T1�i.� E!i:t l�.@ it['l?i 'Yo � �-�.Q� p z✓!�L"'�-'
,,.1u..c :�.�Q�ar Qa�l-� �i e�Ye i►tifL-
Attest By: _
Nota ublic ' or sai County and Stase
�� JILL ZIEGLER
� CoMM.# 1677256 N __
ORANGE CWNTY
MY COMM.EXP.JONE 2S.2010 l
.............a
Page E-1
� .
� BIDDER'S BOND
� To Accvmpany Proposal
KNOW ALL MEN BY THESE PRESENTS,
� That we, Orange County Striping Service, Inc. aS ��
p mapal,
and Developers Surety and Indemnity CompanY _, aS S't1r@ty� a� held and
�;_ firmly bound unto the City of Palm Desert in the sum of$Ten Percent of �I�Pto��'id}
to be paid to the said Owner or its certafn attorney, its successors and assigns; for
� which payment, weil and truly to be made, we bind ourselves, our heirs, executors and
administrators, successors or assigns, jointly and severaily, firmly by these presents.
� THE CONDITION OF THIS OBLIGATI4N IS SUCH, that if the certain proposal of the
abave bounden principal to perform certain work described as fvllows: Project 564�,09
2009 Citywide Restriping Various City Streets
� The gene�al items of work to be done hereunder consist of: removais of existing
striping; fog seal; and installation of striping, pavement markings and pavement
marlcers; and providing of temparary traffic contrvl as required during ca�struction of the
� improvements and all appurtenant work as required by the specifications and
appendices, and dated is accepted by the City of
Palm Desert, and if the above bou�den principal Oran�e countv Stripin� Servi ce.
� Inc. shall duly enter into and execute a corrtract for su�h construction, and shall
execute and delive� the Performance Bond and Payment Bond and insurance
certif�cates as required by said eontract, then this obligation shall become null and void;
� otherwise it shall be and remain in futl force and effect.
Should it become necessary for the owner to institute a lawsuit, ar any other legal
� proceeding to enforce the terms and conditions of this bond, then all costs of said
proceeding, including attamey's fees,, shall be awarded t� th� prevailing party.
�
� [Remainder of this pege has intentionally 6een left bJank.
Signature blocks are contained vn the next pagej
�
� �
� .
�
r Page F-? .
. �
� IN WITNESS WHEREOF, We hereunta set our Hands and Seals this 30th da
Y
Of March 20 09
� -
� Contractor s Name: Oran e Count Stri in Service, Inc.
�
�r���ra�tor's Signatu�e: ' 'R ��� �- -w
�
Titd�: ��--� �
� � :���
� �q��iQ5S' 181 N. Pixle Street Orange, CA 92868
� (����h���: 714-639-4550
� SUI'Bty's Name: Develo .ers S t and demnity Company
. � .
� Surery's Signature: % �� �
Richard L. Wells
Tltle:____ __ Attorney-In-Fact
� Address: 1800 E Lambert Rd ��215, Brea, CA 92821 -
� Telephone: 714-257-9644 � -
� .
�
�
�
�
�
�
� Page F-2 �
POWER OF ATTORNEY FOR
DEVELOPERS SURETYAND INDEMNITY COMPANY
INDEMNITY COMPANY OF CALIFORNIA
PO Box 19725,IRVINE,CA 92623 (949)263-3300
KNOW ALL MEN BY THESE PRESENTS,that as except as expressly limited,DEVELOPERS SURETY AND INDEMNITY COMPANY and INDEMNITY COMPANY OF CALIFORNIA,do
each,hereby make,consGtute and appoint•
***Suzanne Adams, Richard L. Welis, Ted Adamson, jointly or severally***
as their true and lawful Attomey(s)-in-Fact,to make,execute,deliver and acknowledge,for and on behalf of said corporations,as sureties,bonds,undertakings and contracts of surety-
ship giving and granting unto said Attomey(s)-in-Fact full power and authority to do and to perform every act necessary,requisite or proper to be done in connection therewith as each of
said corporations could do,but reserving to each of said corporations full power of subsGtu6an and revocation,and all of the acts of said Attaney(s)-in-Fact,pursuant to these presents,
are hereby ratified and confirmed.
This Power of Attomey is granted and is signed by facsimile under and by authority of the following resolutions adopted by the respective Board of Directors of DEVELOPERS SURETY
AND INDEMNITY COMPANY and INDEMNITY COMPANY OF CALIFORNIA,effective as of January 1st,2008.
RESOLVED,that the chairman of the Board,the President and any Vice President of the corporation be,and that each of them hereby is,authorized to execute Powers of
Attomey,qualifying the attomey(s)named in the Powers of Attomey to execute,on behalf of the caporatlons,bonds,undertakings and contracts of suretyship;and that the Secretary or
any Assistant Secretary of the corporallons be,and each of them hereby is,authorized to attest the execution of any such Power of Attorney;
RESOLVED,FURTHER,that the signatures of such officers may be affixed to any such Power of Attorney or to any certificate rela6ng thereto by facsimile,and any such
Power of Attorney or certificate bearing such facsimile signatures shall be valid and binding upon the corporations when so affixed and in the future with respect to any bond,undertaking
or contract of suretyship to which it is attached.
IN WITNESS WHEREOF,DEVELOPERS SURETY AND INDEMNITY COMPANY and INDEMNITY COMPANY OF CALIFORNIA have severally caused these presents to be signed by
their respective Uce President and attested by their respective Assistant Secretary this January 1st,2008.
� ..yw,rr�:.,*. . .
y �p�� A�p �'� Q���
8 � Stephen T.Pate,Senior Vice President ,�y'&'�Q p��,��'��,�"s,� �Gdd'�Oq�C
�?�a,�cr �"��'� � � S�
��� �r. �.:� � = ocr.s '° -r+,
By' "=o� 1�36 �Q� us 1987 ,�
Charles L.Day,Assistant Secretary �ry�'�, �r'�r C L, Q. �'
ay�.�,��«�;�@w•,���a� � '9CfFpR'�� -�'
State of California ��+r���+��t���i�µ� ' * -
County of Orange
On Janua�v 1st,2008 before me, ChristopherJ.Roach,Notary Public
Date Here Insert Name and Title 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 satisfactory evidence to be the persan(s)whose name(s)islare subscribed to -
��• the within inshument and acknowledged to me that helshelthey executed the same in hislhedtheir authorized
���4�IR1�S1'�i�H��� capaciry(ies),and that by hislhedtheir signature(s)on the instrument the person(s),or the entity upon behalf of
which the person(s)acted,executed the inshument.
� C,•�Mi�,#:'tT4lr�39
��F����� I certify under PENALTY OF PERJURY under the laws of the State of CalHomia that the foregoing paragraph is
��� true and correct.
no�ru�t. I�rt�,?�t'!f :'
WITNESS my hand and offi ial seal.
Place Notary Seal Above Signature �������—
Ch' er J.Roach
CERTIFICATE
The undersigned,as Assistant Secretary,of DEVELOPERS SURETYAND INDEMNITY COMPANY and INDEMNITY COMPANY OF CALIfORNIA,does hereby certify
that the foregang Power of Attomey remains in full farce and has not been revoked,and furfhe�more,that the provisions of the resolutions of the respective Boards of Directors af said
corporations set forth in the Power of Attomey,are in force as of the date of this Certificate.
This Certificate is executed in the City of Inrine,Califomia,the 30 thiay of MaY Ch , 2 00.9
By:
Albert Hillebrand,Assistant ecretary
10.1380(Wet)(Rev.07107)
CALIFORNIA ALL-PURPOSE ACKNOWLEDGEMENT
State of California
County of Orange
On March 30, 2009 betore me, Lynn A. Beimer. Notary Public
Date Here Insert Name and Title of lhe Officer
personally appeared Richard L. Wells
Name(s)of Signer(s)
who proved to on the basis of satisfactory evidence to
be the person��whose name���l�re subscri to the
within instrument and ac nowledged to me that �he/they
executed the same in �er/their authorized capacity�ies�
and that by is/ er/their signatures�'on the instrument the
LYNN A. BEIMER � person�or the entity upon behalf of which the person�
� • Commisslon # 1781026 acted, executed the instrument.
_ ;�d ., Notary Publlc -Callfornla D
Z Orange County
�� camr,,6 resoec�b,2oi� 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 Notary Seal Above Signature of Notary Public
OPTIONAL
Though the infonnation below is not required by law, it may prove valuable to persons relying on the document
and could prevent fraudulent rsmoval and reattachment of this fo►m to another document.
Description of Attached Document
Title or Type of Document:
Document Date: Number of Pages: -
Signer(s)Other Than Named Above:
Capacity(ies)Claimed by Signer(s)
Signer's Name: Signer's Name:
❑ Individual ❑ Individual
❑ Corporate Officer—Title(s): ❑ Corporate Officer—Title(s):
❑ Partner ❑ Partner
❑ Limited ❑ Limited
❑ General ❑ General
•
❑ Attorney in Fact Top of thumb here ❑ Attorney in Fact Top of thumb here
❑ Trustee ❑ Trustee
❑ Guardian or Conservator ❑ Guardian or Conservator
❑ Other: ❑ Other:
Signer is Representing: Signer is Representing:
PERFORMANCE BOND
KNOW ALL MEN BY THESE PRESENTS: That whereas the City of Palm
Desert has awarded to
Oranqe Countv Stripinq Service, Inc.
hereinafter designated as the "Principal", a contract for:
2009 Citywide Restriping
PROJECT NO. 564-09
CONTRACT NO. C28660
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, Orange County Striping Service, Inc., 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 Fifty Eight Thousand, Two Hundred Ninety Five and no/100Dollars
($58,295.00), 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 there under or the specifications accompanying the
same shall in any wise affect its obligations on this bond, and it does hereby
waive notice of any such change, extension of time, alterations or additions to the
terms of the contract or to the work or the specifications.
Should it become necessary for the Owner to institute a lawsuit or any other legal
proceeding to enforce the terms and conditions of this bond, then all costs of said
proceeding, including attorneys' fees, shall be awarded to the prevailing party.
IN WITNESS WHEREOF, identical counterparts of this instrument, each
of which shall for all purposes be deemed an original thereof, have been duly
executed by the Principal and Surety above named, on this
day of , 20
SURETY Orange County Striping Service, Inc.
BY: BY:
INSURANCE COMPANY and/or AGENT
ADDRESS
TELEPHONE NUMBER
CITY OF PALM DESERT
PAYMENT BOND
KNOW ALL MEN BY THESE PRESENTS:
THAT WHEREAS, the City of Palm Desert (sometimes referred to
hereinafter as "Obligee") has awarded to Oranqe County Stripinq
Services, Inc. (hereinafter designated as the "Contractor"), an agreement
dated April 23, 2009 , described as follows: 2009 Citywide Restriping,
PROJECT NO. 564-09, CONTRACT NO. C28660, (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, Oranqe Countv Stripinq Service, 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 Fiftv Eiqht Thousand, Two
Hundred Ninetv Five and no/100 Dollars ($58,295.00), said sum being not less
than one hundred percent (100%) of the total amount payable by the said
Obligee under the terms of the said Contract, for which payment well and truly to
be made, we bind ourselves, our heirs, executors and administrators, successors
and assigns, jointly and severally, firmly by these presents.
THE CONDITION OF THIS OBLIGATION IS SUCH, that, if said Contractor, his
or its heirs, executors, administrators, successors or assigns, or Subcontractors,
shall fail to pay for any materials, provisions or other supplies, implements,
machinery or power used in, upon, for or about the performance of the Public
Work contracted to be done, or to pay any person for any work or labor of any
kind, or for bestowing skills or other necessary services thereon, or for amounts
due under the Unemployment Insurance Code with respect to such work or labor,
or for any amounts required to be deducted, withheld, and paid over to the
Employment Development Department from the wages of employees of said
Contractor and his or its Subcontractors pursuant to Section 13020 of the
Unemployment Insurance Code with respect to such work and labor as required
by the provisions of Section 3247 through 3252 of the Civil Code, or for any
amounts required to be deducted, withheld, and paid over to the Franchise Tax
Board or Internal Revenue Service from the wages of employees of the
Contractor or his or its Subcontractors, the Surety or Sureties hereon will pay for
the same in an amount not exceeding the sum specified in this bond, otherwise
the above obligation shall be void. In addition to the provisions herein above, it is
agreed that this bond will inure to the benefit of any and all persons, companies
and corporations entitled to serve stop notices under Section 3181 of the Civil
Code, so as to give a right of action to them or their assigns in any suit brought
upon this bond.
The Surety, for value received, hereby stipulates and agrees that no change,
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.
THIS SPACE IS LEFT BLANK INTENTIONALLY. SIGNATURES ARE
CONTAINED ON THE FOLLOWING PAGE.
IN WITNESS WHEREOF, we have hereunto set our hands and seals this
day of , 20
PRINCIPAL/Contractor: SURETY:
Orange County Striping Service, Inc. (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)
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- PROJECT ROADWAY SEGMENTS INDICATED IN BOLD
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