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HomeMy WebLinkAboutC29020 - Portola Ave Sidewlk Xtnsn (657-08) CITY OF PALM DESERT PUBLIC WORKS DEPARTMENT STAFF REPORT REQUEST: Award Contract No. C29020 in the amount of $196,928 to Contreras Construction Company of Indio, California, for Construction of the Portola Avenue Sidewalk Extension, Magnesia Falls to Whitewater River Bridge, Project (657-08) SUBMITTED BY: Mark Greenwood, P.E., Director of Public Works CONTRACTOR: Contreras Construction Company 81-149 Indio Boulevard ' Indio, California 92201 DATE: June 11, 2009 CONTENTS: Contract Agreement Contractor's Proposal Project Work Sheet Vicinity Map RECOMMENDATION: By Minute Motion: 1. Award Contract No. C29020 in the amount of $196,928 to Contreras Construction Company of Indio, California, for Construction of the Portola Avenue Sidewalk Extension, Magnesia Falls to Whitewater River Bridge, Project (657-08); 2. Approve an additional $19,693 as a ten percent contingency; and 3. Authorize the Mayor to execute the subject agreement. Capital Project Reserve Funds are available in Portola Avenue at Whitewater Bridge Account No. 400-4359-433-4001. BACKGROUND: The Portola Avenue Bridge over the Whitewater Channel was completed in late 2007. The bridge was built with sufficient width to accommodate three lanes in each direction. To avoid delaying the bridge construction, the project did not include the widening of Staff Report Award Contract C29020 to Contreras Construction for Portola Sidewalk Extension (657-08) Page 2 of 3 June 11, 2009 southbound Portola Avenue between the bridge and Magnesia Falls adjacent to Palm Desert Mobile Estates. Additional right-of-way would be needed to accommodate the third southbound lane, sidewalk, parkway, retaining/sound wall, and landscaping along Portola Avenue south of the bridge. Staff was directed to evaluate an alternative that would not require the acquisition of additional right-of-way and that accommodates only the missing sidewalk. On April 24, 2008, two alternatives were presented to the City Council: Full Widening Permanent and Minimum Widening Interim. The City Council directed staff to proceed with the minimum widening alternative that consists of construction of the missing sidewalk, retaining wall, screen wall, and landscaping on southbound Portola Avenue between the Whitewater Bridge and Magnesia Falls Drive (see attached Vicinity Map). DISCUSSION: On May 26, 2009, sealed bids for the project were opened and read aloud. The following is a summary of the bids received: Contractor Location Bid Amount Contreras Construction Indio, CA $ 196,928 Zeus Construction Palm Desert, CA $ 233,945 International Paving Solutions San Bernardino, CA $ 269,935 Granite Construction Company Indio, CA $ 327,800 Doug Wall Construction Bermuda Dunes, CA $ 366,079 Contreras Construction Company submitted the lowest responsive bid in the amount of $196,928 (see attached Contractor's Proposal). The bid is under the Engineer's Estimate of $319,000. FISCAL IMPACT: Capital Project Reserve Funds are available in Portola Avenue at Whitewater Bridge Account No. 400-4359-433-4001. Staff has estimated that the maintenance cost of the sidewalk and retaining wall will be approximately $500 per year for on-going maintenance (see attached Project Work Sheet). The Landscaping will be maintained by the owner of the adjacent property. SUMMARY: Therefore, staff recommends that City Council award Contract No. C29020 in the amount of $196,928 to Contreras Construction Company of Indio, California, for construction of the Portola Avenue Sidewalk Extension, Magnesia Falls to Whitewater Staff Report Award Contract C29020 to Contreras Construction for Portola Sidewalk Extension (657-08) Page3of3 June 11, 2009 River Bridge, Project (657-08), approve a ten percent contingency in the amount of $19,693, and authorize the Mayor to execute the agreement. Prepared By: Depart e t ead: � � Aaron Kulp Mark Gre nwood, P.E. Associate Engineer Director of Public Works Approval: �� Homer Croy Paul S. Gibson ACM for velopment Services Director of Finance CITY COUNCIL AG�"'ION J M. Wohlmuth APPROVED DENIED ity Manager RECEIVED OTHER bl MEET G DA " ' AYES. ` % �� ` � NOES: ABSENT: � ABSTAIN: VERIFIED BY: Original on File with City erk's Office CONTRACT NO. C29020 AGREEMENT THIS AGREEMENT is made and entered into this 11t" day of June, 2009, by and between City of Palm Desert, California, hereafter called "CITY" and Contreras Construction Companv hereinafter called "CONTRACTOR". WITNESSETH RECITALS: CONTRACTOR has submitted to CITY its Contractor's Proposal for the construction of CITY Project, 1. PORTOLA AVENUE SIDEWALK EXTENSION, MAGNESIA FALLS TO WHITEWATER RIVER BRIDGE, PROJECT NO. 657-08, CONTRACT NO. C29020, 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. C29020 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 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. C29020 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. CONTRACTOR: BY: ATTEST BY: Signature to be notarized TITLE: TITLE: CITY: BY: ATTEST BY: Signature to be notarized TITLE: Mavor of Palm Desert, CA TITLE: Citv Clerk of Palm Desert, CA APPROVED AS TO CONTENT: APPROVED AS TO FORM: MARK GREENWOOD, P.E. DAVID J. ERWIN DIRECTOR OF PUBLIC WORKS CITY ATTORNEY CONTRACT NO. C29020 PERFORMANCE BOND KNOW ALL MEN BY THESE PRESENTS: That whereas the City of Palm Desert has awarded to Contreras Construction Companv hereinafter designated as the "Principal", a contract for: PORTOLA AVENUE SIDEWALK EXTENSION, MAGNESIA FALLS TO WHITEWATER BRIDGE, PROJECT NO. 657-08 CONTRACT NO. C29020 WHEREAS, said Principal is required under the terms of said contract to furnish a good and sufficient bond for the performance of said contract: NOW THEREFORE, WE, Contreras Construction Companv the Principal, and as Surety, are held and firmly bound unto the City of Palm Desert hereinafter called the City, in the penal sum of one hundred ninetv six thousand, nine hundred twenty eiqht dollars and no cents ($196,928.00), 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. C29020 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 BY: BY: INSURANCE COMPANY and/or AGENT ADDRESS TELEPHONE NUMBER CONTRACT NO. C29020 PAYMENT BOND KNOW ALL MEN BY THESE PRESENTS: THAT WHEREAS, the City of Palm Desert (sometimes referred to hereinafter as "Obligee") has awarded to Contreras Construction Companv (hereinafter designated as the "CONTRACTOR"), an agreement dated June 11, 2009 described as follows: PORTOLA AVENUE SIDEWALK EXTENSION, MAGNESIA FALLS TO WHITEWATER BRIDGE, PROJECT NO. 657-08, CONTRACT NO. C29020, (hereinafter referred to as the "Contract"); and WHEREAS, said CONTRACTOR is required to furnish a bond in connection with said Contract, and pursuant to Section 3247 of the California Civil Code; NOW, THEREFORE, we, Contreras Construction Companv , the undersigned CONTRACTOR, as Principal, and a corporation organized and existing under the laws of the State of , and duly authorized to transact business under the laws of the State of California, as Surety, are held and firmly bound unto the City of Palm Desert and to any and all persons, companies or corporations entitled to file stop notices under Section 3181 of the California Civil Code, in the sum of one hundred ninety six thousand, nine hundred twentv eiqht dollars and no cents ($196,928.00), 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 Dev�lopment 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. C29020 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: SURETY: (Typed Name of CONTRACTOR) (Typed Name of Surety) By: gy: (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) � C - CONTRACTOR'S PROPOSAL PORTOLA AVENUE SIDEWALK EXTENSION � MAGNESIA FALLS TO WHITEWATER BRIDGE PROJECT NO. 657-08 _ CONTRACT NO. TO: CITY OF PALM DESERT, "CITY" - DATE: �J ' v�oZ — � � , BIDDER: (�n�-+�;�5 ��`�-�'U('�( ��- "CONTRACTOR" The UNDERSIGNED, "CONTRACTOR", having carefully examined the site and the Contract Documents for the construction of, PORTOLA AVENUE SIDEWALK � EXTENSION, MAGNESIA FALLS TO WHITEWATER BRIDGE, PROJECT NO. 657-08, 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 m— 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 befinreen 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 - Page C-1 project, attorney expense, additional engineering and architectural expense and cost of maintaining or construction alternate facilities occasioned by the failure to - execute and deliver said documents. 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 alterations as elsewhere provided herein. „ ��� � � � a€ ��r� u� �,,�.sg�,� �r ,�:.�„ � J � ., x#� ��a� � , �s� '� a � ti� s . a a�� .. �. � r��',• �. ;{ . g' u. ,�. -.� a,�- rt . , �� � � � _,. r�„y. �a a TM��-�v �,� � . . .`'' <e,���'a*s`��"��'�,.�4`x('�'M�����'�r�"�,.,'"t�.-"�.. �€ �;"`"�`� t = $ .x.y.�.�.''�'�,+�� ,. � �' $ . S.� ,.v ,_,,.. . . . . . . ... ., . . ..... . .� . . CONSTRUCTION SURVEY � `-' � STAKING F LS 1 $ S� Y�i $ � �� 2 MOBILIZATION (F) LS 1 $ �' �.� $ � �? � 3 TRAFFIC CONTROL (F) LS 1 $��a�-`� $a � • � 4 CLEARING, GRUBBING (F) LS 1 $����j. $� �,�' - 5 REMOVALS (F) LS 1 $S �� $ j �; � 6 EARTHWORK(F) LS 1 $� �a $ �� � , � -" 7 CONCRETE SIDEWALK (F) LF 460 $�y. b`� $ /�' �: $ RETAINING WALL AND SF 2,640 $ � $� ,c�' � DRIVEWAY CUT OFF WALL F �a - `6� �� RETAINING WALL AND 9 DRIVEWAY CUT OFF WALL CY 51 $ � $ `� FOOTING F �� � ��/ �� � 10 ETA N�ING WALLOF EXISTING LF 19 $ a a� $�, � � _- 11 INSTALL NEW SIGN AND POST (F) EA 4 $ ��-�.�, �� $ � ADJUST TRAFFIC SIGNAL � �2 PULLBOX TO GRADE F EA 1 $ `� . �� $ C�. � 13 AREA DRAIN (F) EA 11 $ ` $ (� � r �, 14 TRENCH DRAIN (F) LF 32 $�,b� $ � � � ADA COMPLIANT DRIVEWAY AND � �, 15 RAMP F EA 2 $ � ���„ $ ��S(��, 16 CONCRETE GUTTER (F) LF 60 $ 'a� �� $�� , � 17 LF NDSCAPING AND IRRIGATION LS 1 $ 3� �• $ r �� • ~ 3 18 UNDER SIDEWALK DRAIN EA 2 $� �� � $ � c�m o�� _ Page G2 -� _ TOTAL BID PRICE $ � " -• g' � r ; �� �����:� � � �9�l�'�� #k t�+�1�111s�MA��lq;� �. ��fib�i�a • � � a �+� M�i'i� � �iF�„�4+�'�k<�IMM�4.�#MMIp��ME ��. — Page C-3 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. 1 � � TOTAL AMOUNT BASE BID IN FIGURES $ l , TOTAL AMOUNT BASE BID IN WORDS ?1,C. �'1� > --• � � ` � �� IN WITNESS WHEREOF CONTRACT executed this pro osal a �'date set forth on � Page C-1: r B "�� � �? f / � ._ Y� Signature Title: �-��C��fG���,���—�.�•�— .� CONTRACTOR State of California ) ' ) County of R` �i��r S�'�� � _ Subscribed and sworn to (or affirmed) before me this � � day of /�% .r! (month), ZG"D i (year), by `, .c J � � a _ , proved to me on the basis of satisfa ory evidence to be the person(s) who appeared before me. ,� � Signature of Notary �' �- ' (Seal of Notary) — �` t Co�N�Non t t���MB � �� � � �.a.avh���a Page C-4 _ _ D - INFORMATION REQUIRED OF BIDDER The bidder is required to supply the following information. Additional sheets may be — attached if necessary. (1) Address �S1— I L(Cl � Y�C�I� ���cL � ►'l� i C� , �� ��� � (2) Telephone No. �l(�� ����—"CQC���C.7 ��0 ������''`� l � � ` _ (3) Type of Firm (Individual, Partnership or Corporation) �6�— (4) Corporation organized under the laws of the State of �1,( 1�1�Y1'l�Q-- (5) Contractor's License No.�S'��-(D�� Exp. Date _�� ��l Contracto reby swears der p�nalty� perjury that this mformation provided is true _ and co . ,<;'� _ � g ✓� ,� �- Title:��l___�_Y1-+�Y',�( Q�S��,IjV'' y. � S' ature Contractor (6) List the names and addresses of all owners of the firm or names and titles of all officers of the corporation: �h r� +�n,�-reNz�� `�-. _` � _ 3�" � �YP..i.i �S�t" !�� ' �� �' �4 �� K.� Y1G_ c5�`. � ���� , -�- Gl����3 � r�d i r� , C�4 � �� (7) Number of years' experience as a Contractor in construction work TJ�Y� 3�Y��� — (8) List at least three similar projects completed recently: Contract Amount Class of Work Date Completed Name, Address & -.- Tele hone No. of Owner � c�-}.,,�e.,�- � 5 J�tJ F� C �'.�, y� . L1��, � - w ' 1 �-` �� � � � ����� � � � �' �b � // � g' �'c � �� _ ,� � , �' ���' / �- 3. � __ �, .� � � f ���� C � �a� , � �i �� � l � � � 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:� '�� ,to,��.(`�nC���'� i License Number: ,���D - Address: �� �- �� � i�1 Q d'l �� C7Y�, i .S�G �� a�?. Telephone: f��L/ ^ ���Z� Work to be performed: l� � �� �1r'�' ! � Subcontractor's Name: ���� S LA ►��( Ylcr� , .�� • -- License Number: Address: ��f�C� �Q[� i�� �-21�� �} ��J . � �, � ���� a � � � �i�-� b I _ Telephone:��-�,l���`,� - o� a�cI Work to be performed: SC�,r'1/�`/ �n � Subcontractor's Name: License Number: ...-r'"`�- Address: -- Telephone: Work to be performed: � - (10) List the ame 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 financial condition may be __ required by the City. ��S Page D-2 - - E — NON-COLLUSION AFFIDAVIT To be Executed by Bidder and Submitted with Bid STATE OF CALIFORNIA ) ) SS - COUNTY OF `J � � � � n ri��P_ Co. C�vi�r�� , bein first duly worn, deposes and - says that he/she is��,�.5i�F�. of _ m,,�y�S �rnc�rdL�rl� U., 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 �x 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 to any member or agent tk�ereof to effectuate a collusive or sham bid. _ ,-'.' �� � , B ' ......�. , Y� ! Signat __ Title: _ �i�l'`� >n�i� � CONTRACTOR State of California �� County of r�/ ,�5�` � Subscribed and sworn to (or affirrr�ed), before me this�day of �� � (month), 20�_ (year), by �n,�i�.�?�- C'. ��,,�-,��� r , pro ed t me on the basis of satisfactory evidence to be the rson who appeared before me. __ , l � Signature of Notary: �., , - Notary Public in and for said County and State (seal of notary) __ CerN�M�No�n t 1!�li� � ��� � Page E-1 MI►�rw► t�ft� F- BIDDER'S BOND � To Accompany P�oposal KNOW ALL MEN BY THESE PRESENTS, That we, Contreras Construction Co. as principal, and Developers Suretv and Indemnity Compan aS SUrety, are held and firmly bound unto the City of Palm Desert in the sum of$�;n �ercent of e bid (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 C�NDtTION OF THIS QBLIGATION IS SUCH, that if the certain proposal af the , above bounden principaf to perform certain work described as follows: The general items o# work to be done hereunder consist of furnishing all labor, materials, necessary tools, supervision, and all utility and transporta#ion services required for construction of the sidewalk and retaining walls along the west side of Portola Avenue between Magnesia Falls Drive and the Whitewater Bridge including . removals, layout, #raffc control, traffic signs, coordination with utility companies, and incidentals. Improvements shall be in accordance with the Plans, Drawings, Specifications and other provisions of the Contract and dated 5-26-09 is accepted by the City of Palm Desert, and if the above bounden principal Contreras Construction Co. shall duly enter into and execute a contract for such construction, and shall execute and deliver the Pertormance Bond and Payment Bond and insurance certificates as required by said confract, then this � obligation shall become null and void; otherwise it shalt be and remain in full force and effect. Should it become necessary for the City to institute a lawsuit, or any other fegal proceetiing 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 hereunta set aur Hands and SeaEs this 21st � of_Ma�� 2009. . Contractor's Name: Cont s Construct' n Co � Confractor's Signature: -��� -� �� .- �__.. .__.. � ,- r .-• � � . Title: �— Address: �'�-- ��l''I �yl�J D � �i/c�l -�.��)C� � C�� ���I . ��----- � Tefephon �� � �/7�- �— �DC� '�t''�_ . SuCBty's Name: Develo ers Suret and Indemnit Com an �r-- �urety's Signa#ure: Title: Diane M. Nielsen, Attornev in Fact Addi'c'SS: 17780 Fitch #200� Irvine CA 92614 Telephone: 800-782-1546 . Page F-Z State of California SS. County of Riverside On Mav 22. 2009, before me,Ramon Carlos Diaz (Notary Public),personally appeared Enri ue G. Contreras Personally known to me, or �proved to me on the basis of satisfactory evidence to be the person(s)whose name(s) is/are ��,�,r,�,,,�� , „�� subscribed to the within instrument and �'e�wwNei►�1�� acknowledged to me that he/she/they � �M*�.�� executed the same in his/her/their authorized ���� � capacity(ies); and that by his/her/their signature(s)on the instrument the person(s), or the entity upon behalf o �vhich the person(s)acted, execut instrument. WITNESS my hand f�ia1 sea1. / . � •, ,. OPTIONAL Description of Attached Document Title or Type of Document: Bidder's Bond(Ciry of I'alm Desert) Document Date: OS/21/09 Number of Pages: 2 Signer or Other than Name Above: Signer is Representing: Contreras Construction Co. Capacity(ies) Claimed by Signer Signer's Name: Individual Corporate Officer-Title(s): Partner-Limited- General Attorney in Fact Trustee Guardian or Conservator Other STATE OF CALIFORNIA } COUNTY OF RIVERSIDE ON J` "��' 0� , BEFORE ME, LINDA ROCHA, Notary Public PERSONALLY APPEARED: Diane M. Nielsen Who proved to me on the basis of satisfactory evidence to be the person (s) whose name(s) is/are subscribed to the within instrument& acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signatures (s) on the instrument the person (s), or the entity upon behalf of which the person (s) acted, executed the instrument. I certify under penalty of perjury under the laws of the State of California that the foregoing paragraph is true and correct. �� UNDA ROCHA Commiaalon # 1777932 < -� Nofory Pubpc -Calitornia = WITNESS my hand and official seal. � Rlveralde County � NN Gornrn.6q�tes Wov 23,2011 � Signatur : �� da Rocha,Notary ALL PURPOSE ACKNOWLEDGMENT • POWER OF ATTORNEY FOR ` . DEVELOPERS SURETYAND INDEMNITY COMPANY INDEMNITY COMPANY OF CALIFORNIA PO Box 19725,IRVINE,CA 92623 (999)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,constitute and appoinL ***Ann Willard, Diane M. Nielsen, Van G. Tanner, Paul W. Lewis, Sal C. Sandoval, Mathew S. Costello, 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 suretles,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 substitution and revocation,and all of the acts of said Attorney(s)•in-Fact,pursuant to these presents, are hereby ratified and confirmed. This Power oi Attomey is granted and is signed by facsimile under and by autfioriry of the following resolutlons adopted by the respecWe Board of Directors of DEVELOPERS SURETY AND INDEMNITY COMPANY and INDEMNITY COMPANY OF CALiFORNIA,effective as of January tst,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,authwized to execute Powers of Attomey,qualifying the attomey(s)named in the Powers of Attorney to execute,on behalf of the corporations,bonds,undertakings and contracts of suretyship;and that the Secretary or any Assistant Secretary of ihe corporaGons 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 affaed to any such Power of Attorney or to any certificate relating thereto by facsimile,and any such Power of Attorney or ceRificate bearing such facsimile signatures shall be valid and binding upon the corporaBons when so aNixed and in the future with respect to any bond,undertaking or contract of sureryship to which it is attached. IN WITNESS WHEREOF,DEVELOPERS SURETY AND INDEMNITY COMPANY and INDEMNITY COMPANY OF CAI,IFORNIA have severally caused these presents to be signed by their respective Vice President and attested by their respectiveAssistant Secretary this January 1st,2008. a��t��a���rqy By: �^ yr,.��y A�vb.�,�o, �,pANY Stephen T.Pate,Senior Vice President yJ¢.•o�PaR�f�'�� GD �Q�A a C 3�'� ,,r G �c.��s �� �O �9J, y By: ��4 �T. '��� �z 2 OCT.5 �° =n Charles L.Day,Assistant Secretary ��-'�,;� 4 9 3 6 j�r w� 1987 ,� 3��ph`'"+��p"''rj,''�� ��q<[Fp4��P'a State of Califomia � County of Orange 4"K�*+""'� On January 1 st 2008 before me, Christo�her J.Roach Notan Public Date Here Insert Name and Title of the Officer personally appeared Ste hen T.Pate and Charles L.Da Name(s)of Signer(s) who proved to me on the basis of satisfactory evidence to be the person(s)whose name(s)is/are subscribed to ����� the within insWment and acknowledged to me that he/shelthey executed tl�e same in his/herltheir authorized ����,���� capaciiy(ies),and that by his/hedtheir signature(s)on the instrument the person(s),or the entity upon behalf of � which the person(s)acted,executed ihe instrument. C�I�.�17� � �����A I cert'rfy under PENALTY OF PERJURY under the laws of the State of Califomia that the foregoing paragraph is ���` true and correct. � t9��'4 WITNESS my hand and offi ial seaL Place Notary Seal Above Signature_J��cl ChrlAt�p�r J.Roach CERTIFICATE The undersigned,as Assistant Secretary,of DEVELOPERS SURETY AND INDEMNITY COMPANY and INDEMNITY COMPANY OF CALIFORNIA,does hereby certify that the foregang Power of Attomey remains in full force and has not been revoked,and furthermore,that the provisions of the resoluGons of the respective Boards of Directors of said corporations set forth in the Power ofAttomey,are in force as of the date of this Certificate. 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