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HomeMy WebLinkAboutC28850 - Corp Yard Reroofing - Best Contracting Svcs CITY OF PALM DESERT PUBLIC WORKS DEPARTMENT STAFF REPORT REQUEST: Award Contract No. C28850 for Construction of the Corporation Yard Reroofing Project to Best Contracting Services of Gardena, California, in the Amount of$83,628.00 SUBMITTED BY: Mark Greenwood, P.E., Director of Public Works CONTRACTOR: Best Contracting Services , 19027 S. Hamilton Avenue C�yCOUNCIL�OI�f Gardena, CA. 90248 pppROVED DL�NiL�D RECEIVED OTHER DATE: June 25, 2009 MEET G DATE CONTENTS: Contract Agreement AYES: Contractor's Proposal NOES: Vicinity Map ABSENI: ABSTAINt RECOMMENDATION: OriginalonFilew�iti�City 'aOt�iw By Minute Motion: 1. Reject AAA Roofing by Gene, Inc.'s bid as non-responsive; 2. Award Contract No. C28850 for construction of the Corporation Yard Reroofing Project to Best Contracting Services of Gardena, California, in the amount of$83,628.00; 3. Approve an additional $8,362.80 as a ten percent contingency; and 4. Authorize the Mayor to execute the subject agreement. Funding is available for this project in the Building Maintenance Reserve for City-Owned Facilities, Account No. 450-4164-415-4001. The funds in this account were set aside specifically for major maintenance projects on City-owned buildings. DISCUSSION: The roof on the Corporation Yard Warehouse and Administrative Offices, located at 74-705 42"d Avenue, has reached the end of its useful life. The roof leaks in multiple places, and can no longer be repaired with patching. The contractor will remove the existing foam roof down to the plywood sheeting, repair any damaged sheeting, and replace the roof with a cap sheet guaranteed to last thirty years. On May 22, 2009, sealed bids for the project were opened and read aloud. The following is a summary of the bids received: Staff Report Award Contract C28850 to Best Contracting Services, Inc. Page 2 of 2 June 25, 2009 Contractor Location Bid Amount AAA Roofing By Gene, Inc. Riverside, CA $ 76,998.00 Best Contracting Services, Inc. Gardena, CA $ 83,628.00 Chapman Coast Roof Co., Inc. Fullerton, CA $ 96,122.00 Commercial and Industrial Roofing Co., Inc. Spring Valley, CA $ 96,254.00 Lavey Roofing Services, Inc. Santa Ana, CA $ 98,640.00 Vance and Associates Roofing Co., Inc Anaheim, CA $ 104,449.00 RGSLA, Inc. Whittier, CA $ 116,985.00 Commercial Roofing Systems, Inc. Arcadia, CA $ 133,235.00 Danny Letner, Inc. Orange, CA $ 163,780.00 Staff recommends that City Council find AAA Roofing By Gene, Inc.'s bid nonresponsive because they failed to include an asbestos abatement plan. The Scope of Work section of the specifications required that the plan be included in the Contractor's Proposal. Best Contracting Services, Inc., submitted the lowest responsive bid in the amount of $83,628.00. Therefore, staff recommends that City Council reject the bid by AAA Roofing By Gene, Inc., as non-responsive, award Contract No. C28850 in the amount of $83,628.00 to Best Contracting Services, Inc., for construction of the Corporation Yard Reroofing Project, approve a ten percent contingency in the amount of $8,362.80, and authorize the Mayor to execute the agreement. FISCAL IMPACT: Funding is available for this project in the Building Maintenance Reserve for City-Owned Facilities, Account No. 450-4164-415-4001. The funds in this account were set aside specifically for major maintenance projects on City-owned buil ings. Prepared A Depa e ead: ' I< „ � �--�-'' � David Flint Mark Gree wood, P.E. Maintenance Services Supervisor Director of Public Works App aL f C__ , ``�' ��. Homer Croy � ;7 Paul S. Gibson fo eve pment ervices Director of Finance Jo M. Wohlmuth Cit anager G:IPubWorkslStaff Reports12009Uune 25102 Award Contract C28850 to Best Contracting for Corp Yard ReRoofinglSR Award Contract C28850 to Best Contracting.doc Contract No. C28850 AGREEMENT THIS AGREEMENT is made and entered into this 25T" day of June, 2009, by and between City of Palm Desert, California, hereafter calfed "CITY" and Best Contractinq Services Inc hereinafter called "CONTRACTOR". WITNESSETH RECITALS: CONTRACTOR has submitted to CITY its Contractor's Proposal for the construction of CITY Project, 1. CORPORATION YARD REROOFING PROJECT, CONTRACT NO. C28850, 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; Q) The Standard Specifications as modified in other portions of the Contract Documents; (k) The Plans; (I) Addenda Nos. 1 and 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. 3. Contractor agrees to indemnify, defend and save CITY and its officers, agents and employees, and the Engineer harmless from: , __ __________ Contract No. C28850 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 pertormance 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. Liquidated damages shall be $500.00 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. C28850 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 comp�y 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. C28850 State of California ) ) County of � On before me, personally appeared , 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 and acknowledged to me that he/she/they 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 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 (Seal) Contract No. C28850 PERFORMANCE BOND KNOW ALL MEN BY THESE PRESENTS: That whereas the City of Palm Desert has awarded to hereinafter designated as the "Principal", a contract for: CORPORATION YARD REROOFING PROJECT CONTRACT NO. C28850 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, _Best Contractinq Services 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 Eiphtv-three thousand six hundred twentv-eiqht and no cents Dollars ($83,628.00), 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. C28850 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. C28850 PAYMENT BOND KNOW ALL MEN BY THESE PRESENTS: THAT WHEREAS, the City of Palm Desert (sometimes referred to hereinafter as "Obligee") has awarded to Best Contracting Services Inc (hereinafter designated as the "CONTRACTOR"), an agreement dated June 25. 2009 described as follows: CORPORATION YARD REROOFING PROJECT, CONTRACT NO. C28850, (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, Best Contractina Services Inc , the undersigned CONTRACTOR, as Principat, 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 Patm 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 Eiahtv-three thousand six hundred twenty-eiqht and no cents Dollars ($83,628.00), said sum being not less than one hundred percent (100%) of the total amount payable by the said Obligee under the terms of the said Contract, for which payment well and truly to be made, we bind ourselves, our heirs, executors and administrators, successors and assigns, jointly and severally, firmly by these presents. THE CONDITION OF THIS OBLIGATION IS SUCH, that, if said CONTRACTOR, his or its heirs, executors, administrators, successors or assigns, or Subcontractors, shall fail to pay for any materials, provisions or other supplies, implements, machinery or power used in, upon, for or about the performance of the Public Work contracted to be done, or to pay any person for any work or labor of any kind, or for bestowing skills or other necessary services thereon, or for amounts due under the Unemployment Insurance Code with respect to such work or labor, or for any amounts required to be deducted, withheld, and paid over to the Employment Development Department from the wages of employees of said CONTRACTOR and his or its Subcontractors pursuant to Section 13020 of the Unemployment Insurance Code with respect to such work and labor as required by the provisions of Section 3247 through 3252 of the Civil Code, or for any amounts required to be deducted, withheld, and paid over to the Franchise Tax Board or Internal Revenue Service from the wages of employees of the CONTRACTOR or his or its Subcontractors, the Surety or Sureties hereon will pay for the same in an amount not exceeding the sum specified in this bond, otherwise the above obligation shall be void. In addition to the provisions herein above, it is agreed that this bond will inure to the benefit of any and all persons, companies and corporations entitled to serve stop notices under Section 3181 of the Civil Code, so as to give a right of action to them or their assigns in any suit brought upon this bond. Contract No. C28850 The Surety, for value received, hereby stipulates and agrees that no change, extension of time, alteration or addition to the terms of the said Contract or to the work to be performed thereunder or the Specifications accompanying the same shall in any way affect its obligations on this bond, and it does hereby waive notice of any such change, extension of time, alteration or addition to the terms of the Contract or to the Specifications. No final settlement between the Obligee and the CONTRACTOR hereunder shall abridge the right of any beneficiary hereunder, whose claim may be unsatisfied. CONTRACTOR and Surety agree that if the Obligee is required to engage the services of an attorney in connection with the enforcement of the bond, each shall pay Obligee's reasonable attorney's fees incurred, with or without suit, in addition to the above sum. IN WITNESS WHEREOF, we have hereunto set our hands and seals this day of , 20 PRINCIPAL/CONTRACTOR: SURETY: (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) CONTRACTOR'S PROPOSAL CORPORATION YARD REROOFING PROJECT CONTRACT NO. C28850 TO: CITY OF PALM DESERT, "CITY" DATE: May 22, 2009 BIDDER: Best Contrarta��, $e��}ee� "CONTRACTOR" The UNDERSIGNED, "CONTRACTOR", having carefully examined the site and the Contract Documents for the construction of, CORPORATION YARD REROOFING PROJECT, CONTRACT NO. C28850, 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 CITY may require to determine the Bidder's financial standing experience and to perForm the work. That the accompanying certified or cashier's check o id Bond onstitutes a guarantee that if awarded the contract, CONTRACTOR will execute greement and deliver the required bonds and certificates of insurance within 10 days after notice of award. If CONTRACTOR fails to execute and deliver said documents, the check or bond is to be charged with the costs of the resultant damages to CITY, including but not limited to publication costs, the difference in money between the amount bid and the amount in excess of the bid which costs CITY to do or cause to be done the work involved, lease and rental costs, additional salaries and overhead, increased interest and costs of funding the project, attorney expense, additional engineering and architectural expense and cost of maintaining or construction alternate facilities occasioned by the failure to execute and deliver said documents. C-1 CONTRACTOR'S PROPOSAL FOR CORPORATION YARD REROOFING PROJECT It is understood the price quantities and work shown heron is the complete installed cost for the equipment or work specified. 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. ��r'.�,'�',.��.u..�,��,u�t ��.�,�a&�� _'. v. . .:.. .,. <..� '�� -, y,� z. w�� �. Ty., 3 � �� �, . ., -a. � ._ .�re,.e.r'�,a:.m z „ a_... Installation of New Roofing System $ $ and other related work as mentioned 82,42s,o0 82,428.00 in the Special Provisions and LS 1 1. Specifications sections. Estimated replacement of 8' x 4' EA 15 sheets $ go.0o � � ,200.00 2. I ood deckin TOTAL BID PRICE $ 83 628.00 G2 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 $ $3,628.00 TOTAL AMOUNT BASE BID IN WORDS Eighty Three Thousand Six Hundred 'Itventy Eight Doll�rs IN WITNESS WHEREOF CONT T e ec d this prop I as of da set forth on Page C-1: B � S�ret�ry ' nature Title: B st C ttacting Servic �• CONTRACTOR State of California ) ) County of ) **See Attached Acknowledgement** Subscribed and sworn to (or affirmed) before me on this day of (month), (year), by , proved to me on the basis of satisfactory evidence to be the person(s) who appeared before me. Signature of Notary (Seal of Notary) C-3 . • i � 1 CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT State of California � County LOS ANGELES � On � before me, MARISELA HERNANDEZ NOTARY PUBLIC � ►i«.nr.n wm.�w w a�ne personally appeared SEAN TABAZA�EH ---------------- ►�r�(.�a� s) who proved to me on the basis of satisiactory evidenoe to be the person�J whose name�is/prel subscribed to the within instrument and adcnowledged to me that he/�/tbeq executed the same in his/pEfi/ffieir authorized capacity('�; and that by hisk�eNt4eir signature(aj�on the � instrume►it the� persor�efi� or the entity upon behalf of � MARIiEIA H ��N� Which the personj�j acted, executed the instrumeM. Commhrloin! 1��l�i! � � �w�.c� � I certify under PENALTY OF PERJURY under the laws tos Anpr�a CourNy of the State,of California that the foregoing paragraph is �'M��►iwMM�u0���1 true and correct. WITNESS my hand and official seai. Signature �'�'vlCU,vLu�" � Q�t-/V1(�vi'tC� Pleoe Plloury Sa�Abore SpnsR�re ol Nof�ry Publi� OPT/ONAL . Though the intormation b8low is no1 required by/ew,k may proHe veluable to peisons relyi�on the document and onuld prevent lraudu/ent remova/arx/reattachment o/this form to enother documenL Description of Ariached Document Tdle or Type ot Document: � Document Date: Number of Pages: Signer(s) Other Then Named Abo�: Capacity(iesj Claimed by Signer(s) Signers Name: Signers Name: ❑ Individual ❑ Individual ❑ Corporate Officer—Title(s): ❑Corporate Officer—Title�s): � O Partner—O Limited ❑General O Partner—� Limited ❑ General ❑ Attorney in Fact • "'. O Attorney in Fact • _•� Top of ihumb here Top ot thumb here D Trustee O Trustee O Guardian or Conservator O Guardian or Conservator ❑ Other: ❑Other. Signer Is Representing: Signer Is Representing: 02007 NaEaial Notary Asxodeoo^'8350 De Soro Atie..P.O.Bm 2�02•C►�vortlL CA 8131&2�OQ•www.NSEonelNoury.orp Nsm 05807 FMader:GlTol-F�e 1�60D876-6827 INFORMATION REQUIRED OF BIDDER (NOTE: NO BID WILL BE CONSIDERED UNLESS THIS DOCUMENT IS COMPLETED IN FULL BY THE BIDDER. ALL APPLICABLE ITEMS MUST BE FILLED OUT. ADDITONAL SHEETS MAY BE ATTACHED IF NECESSARY.) Best ee�Ft��acting Services, Inc. (1) Company Name: (2) Address: 19027 s. .Hamilton Avenue, Gardena, CA 90248 (3) Telephone No:( 310) 328-6969 Fax: No: ( 310 ) 328-9176 (4) Legal form of Firm (Individual, Partnership or Corporation): corporation (5) Corporation organized under the laws of the State of: �lifornia (6) Contractor's License No. 456263 Exp. Date 5/31/2010 Contractor hereby swears under penalty of perjury that this information provided is true and correct. (7) List the names and addresses of all owners of the firm or names and titles of all officers of the corporation: Modji Tabazadeh President Sean Tabazadeh CEO/Secretary Fatemeh Tabazadeh Treasurer (8) Number of years' experience as a contractor in construction work: 26 Years (9) List at least three similar projects completed recently: Contract Amount Class of Work Date Completed Name, Address & Telephone No. of Owner �' **See Att ched References* 2. 3. D-1 Best Contacting Services, Inc A Partial List of BUR Hot Projects Completed Owner/General Contractor: Proiect: Compton Unified School District Caldwell Elementary School 501 South Santa Fe Avenue 2300 West Caldwell Avenue Compton, 90220 Compton, CA 90220 Contact: Del Terra $345,250.00 Ms. Susan Trevizo Completion Date: 3/7/2008 Tel: (626)839-9300 Fax: (626)839-9307 Re-Roof BUR-4Piy by Garland Anaheim Garden Walk Retail Center Anaheim Garden Walk Retail Center 321 W Katella Avenue 321 W Katella Avenue Anaheim, CA Anaheim, CA Contact: Bayley Construction $896,191.00 Mr. Bill Robinson Completion Date: 8/22/2008 Tel: (714)254-1401 Fax: (714)254-1417 New, BUR by GAF Alvord Unified School District Arizona MS and Orrenmaa ES 10365 Keller Avenue Riverside, CA Riverside, CA 92505 Contact:Aivord Unified School District $1,183,045.00 Mr. Dennis Hadaway Completion Date: 10/12/2007 Tel: (951)509-5049 Fax: (951)351-2132 BUR Mount San Jacinto Community College Dist Menifee Campus Technology Center 28237 La Piedra 28237 La Piedra Road Menifee, CA 92584 Menifee, CA 92584 Contact: Douglas E Barnhart $220,251.00 Mr. Larry Caprio Completion Date: 3/21/2008 Tel: (951)679-2504 Fax: (951)679-4574 BUR Modified Bitumen Hacienda La Puente Unified School District Sierra Vista MS,Wilson HS and Workman ES 15959 East Gale Avenue City of Industry, CA 91716 City of Industry, CA 91716 Contact: Hacienda La Puente Unified School Dist $829,087.00 Mr. Donald Rosales Completion Date: 11/30/2007 Tel: (626)933-1000 ext. 696 Fax: (626)333-6313 A Partial List of Recently Completed Re-Roofing Projects Owner: Hacienda La Puente Unified School District prO�ect Name: 15959 E Gale Avenue, City of Industry, CA 91716 City of IndustrySCA 91716 S�W�rkman ES Contact:Mr.Donald Rosales Tel:(626)933-1000 ext. 696 $829�087.00 Reroof Existing with new Modified Bitumen System Fax: (626)333-6313 Completion Date:November 30,2007 Owner: Solvang Elementary School District Solvang Elementary School District 565 Atterdag Road,Solvang;CA 93463 565 Atterdag Road,Solvang, CA 93463 Contact: Cynthia Micale $870,444.00 Tel: (805)688-4810 ext 160 Reroof Existing with new APp Modified Bitumen Fax: (805)688-7012 Completion Date:December 7,2007 Owner: Antelope Valley Union High School District Antelope Valley and Lancaster High Schools 44811 N Sierra Highway Lancaster,CA 93534 Lancaster, CA 93534 Contact: Ed Hitchcock $70'7,184.00 Tel: (661)942-8496 ReRoof existing with New BUR Cold System Fax: (661)942-1077 Completion Date:Apri120,2007 Owner: Newport Mesa Unified School District Corona Del Mar HS Building 200 and 300 2985 E Bear St Building E,Costa Mesa,CA 92626 2101 Eastbluff Drive,Newport Beach,CA 92660 Contact: Norm Chapman $1,438,938.00 Tel: (714)424-7539 ReRoof existing with New Single Ply System Fax: (714)424-7503 Completion Date:February 2, 2007 Owner: Los Angeles Unified School District Narbonne High School 1545 Wilshire Blvd,Los Angeles, CA 90017 24300 S Western Avenue,Harbor City,CA 90710 Contact: Martin Rosales $2,76'7,054.00 Tel: (213)346-2164 Re-Roof Existing with new Foam/BUR System/ Fax: (213)346-9978 Gutter Replacement Completion Date:Tuly 23,2007 (10) List the name of the person who inspected the site of the proposed work for your flrm: Luis Solano, Project Manager (11) List the names and addresses of each sub-contractor who will pertorm work in or about the work improvement, and indicate what portion of the work will be done by each sub-contractor: Subcontractor's Name: RO°f Removal, znc. License Number: #635'F.SS Address: 82�0 n�onroe Avenue Stanton CA 90680 Telephone: (714 ) 828-5422 Work to be performed: Tear-off Subcontractor's Name: License Number: Address Telephone: ( ) Work to be performed: Subcontractor's Name: License Number: Address: Telephone: ( ) Work to be performed: Subcontractor's Name: License Number: Address: Telephone: ( ) Work to be performed: Subcontractor's Name: License Number: Address: Telephone: ( ) Work to be perFormed: (12) 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. *Will Submit Upon Request* D-2 NON-COLLUSION AFFIDAVIT To be Executed by Bidder and Submitted with Bid STATE OF CALIFORNIA ) COUNTY OF Riverside ) SS ) Sean Tabazadeh y cEo ecre , bein� first duly sworn, deposes and sa s that he/she is �'Y �f B ST Contracting Services,Incthe 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, part s i company, association, organization, bid depository, or to any member or a t th eof to effectuate a collusive or sham bid. Y� Sig ture a�a n Ta udeh �',�c /Sec�et��.ry� Title: Best Contracting Se vices nc. CONTRACTOR State of California **See Attached Acknowledgement** County of Subscribed and sworn to (or affirmed), before me this day of (month), 20 (year), by , proved to me on the basis of satisfactory evidence to be the person who appeared before me. Signature of Notary: Notary Public in and for said County and State (seal of notary) E-1 ' � I / � CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT State of Catffornia r � County of OS ANGELES , On � before me, MARISELA HERNANDEZ NOTARY n.� ����� ��� PUBLIC personally appeared SEAN TABAZAAEH -----___________ � ________..______.._-wr�(s)oi__ s) who prov8d to me on the basis of satisfacto�,���ta be the person�j whose namej�is/�subscribed to the within instrument and adcnowledged to me that he/�/tbeq executed the same in his/k�CF/tbeir authorized capecity(j�; and that by hisR�eytpeir signatureEej�on the ' insirument the� persor�(,e�, or the e�ti�, upon behalf ot which the persor� acted, executed the i�strumeM � Cq„m��,' I certify under PENALTY OF PERJU �razaa� RY under the laws � Notory!►up11�.C�p�� of the State,of California that the foregoing paragraph is �Oi �N►� CourM�, � true and coRect. MYC�atrn��19�'Di l � WITNESS my hand and official seal. w.�ww.ry s.��e,,,. Signature- ����C ' 1-�.�,`(� �� .Q,tJV1 Gv'vt(,��/'� s�nen..a wo�..y Puor•c OPT/ONAL Though the inbrma�ion be/ow is nnl required by/aw,ti may provie valuab/e to persons re/y;ng on the d���t � � and cnu/d preHent fiaudu/ent remove/erxJ reettschment o/this brm to another documertt. Description ot Attached Document Tttle or Type of Document: � . Document Date: Number of Pages: Signer(s)Other Than Named Above: Capacity(ies) Claimed by Signer(a) Signer's Name: Signers Name: ❑ Individual Olndividual ❑ Corporate Officer—Titie(s): �Corporate Officer—Title(s): � ❑ Partner—O Limited ❑General �Partner—p Limited � General ❑ Attorney in Fact • -•� p Attorney in Fact . ;:' ❑ Trustee ToP o1 th�mb here ❑TfUSi@@ ToP m mumb here O Guardian or Conservator O Guardian or Conservator O Other: ❑Other: Signer Is Representing: Signer Is Representing: 02007 NsOaiel Nofary Aaaatiadnn•D350 De S000 Me.,P.O.B�P402•C►bbwoM,CA 91813-2�OQ•www.NaEonelNolery.ap Ibm MSB07 R�on�Lr:Cal ToFFne t�OP876�6827 BtDDER'S BOND To Accompany Proposal KNOW ALL MEN BY THESE PRESENTS, That we, Best Contracting Services, Inc. and The Guarantee Com an of North America USA �S principal, firmly bound unto the City of Palm Desert in the sum of$re�Peast os moetyti;d a(10 oe f b tl) to be paid to the said City or its certain a t t o r n e y, i t s s u c c e s s ors an d assigns; for which payment, well and truly to be made, we bind ourselves, our heirs, executors and administrators, successors or assigns,jointly and severally, fiRnly by these presents. THE CONDITION OF THIS OBLIGATION IS SUCH, that if the certain proposal of the above bounden principal to perform certain work described as follows: The general items of work to be done hereunder consist of: Remove existing foam roof and skylights, replace any damaged decking, install new skylights, install new bituminous roof, and dated May 22, 2oos is accepted by the City of Palm Desert, and if the above bounden principal Best contractina services, Inc duly enter into and execute a contract for such construction, and shall executehalnd deliver the Performance Bond and Paymerit Bond and insurance certificates as required by said contract, then this obligation shall become null and void; othen�vise it shall be and remain in full force and effect. Should it become necessary for the City to institute a lawsuit, or any other legal proceeding to enforce the terms and oonditions of this bond, then all costs of said proceeding, including attorney's fees, shall be awarded to the prevailing party. F-1 IN WITNESS WHEREOF, We hereunto set our Hands and Seals this 2otn Of_May 2009. day Contractor's Name: Bes ontra i e ic , c. Contractor's Signat e; Title: Sean Ta zadeh, �/Secretary Add�esS: 19027 S Hamilton Ave., Gardena, CA 90248 Telephone:(310)328-6969 SU1'8fy's Name:The Guarantee Comg.a►�-efJ�orth America USA Surety's Signature: Tltl@:William Syrkin, Atto e -' act Add�BSS: 1800 Sutter Street, Ste. 735, Concord, CA 94520 Telephone:(925)566-6040 F-� THE GUARANTEE COMPANY OF NORTH AMERICA USA Southfield,Michigan POWER QF ATTORNEy M�NOW ALL BY,THESE PRESENTS:That THE GUARANT'EE COMPANY OF NORTH qIIAERICA USA,a co laws of tfie State of Michigan,having Itsp�incipal office in Southfield,Michigan,does hereby constitute and a ��tion organized and exisGng under the ppoint �lliam S�rkin,Matthew C.Welty Mill¢nnium Cor�orate Solu��,Inc. its true and lawful attomey(s}�n-fact to execute, seal and deliver for and on its behalf as surety, any and all bonds and undertakings, contraqs of indemnity and other writlngs obligatory in the nature thereof,which are or may be allowed,requirecf or permitted by law,statute,rule,regulation,contract or otherwise. The execu6on of sucfi instrument(s)in pursuance of these presents,shall be as binding upo�TME QUqRqNTEE COMPANY OF NORTH qMERICA USA as fully and ampty,to ail intents and purposes, as if the same had been duly executed and acknowledged by�ts reyularly elected officers at the prinapal office. The Power of Attomey is executed and may be certified so,and may be revoked,pursuant to and by autha�ity of Artide IX,Section 9.03 of the By-Laws adopted by the Board of Directors of THE GUARAN7'EE COMPANY OF NORTH AMERlCA USA at a mee8ng heid on the 31''day of December,2003. The President.or any Vice President,aGing with any Secretary or Assistant Secre4ry.shall have power and authority: 1, Tp appolnt Attomey(s}in-fact,and to authorize them to execute on behalf of!he Company,and attach tl�e Seai of the Company thereto,bonds and undertakings,contracts of indemnity and other writlngs obiigatory in the na(ure thereof;and 2. To revoke,at any time,any such Attomey-in-lact and revoke the authority given,except as provlded below 3. In oonnection with obligatlons in favor of the Kentucky Departrnent of Highways only,it is agreed that the the Attomey-in-Fact cannot be modifled nr revoked unless prior written Powe�and authority hereby gi�en to Department of Highways of the Commo�ea�th of Kentucky at least thirty(30 da ����f��ntent has been given to the Commissioner- ) ys prior to the modificaUon or revocation. Further,this Pou�r of Attomey is signed and sealed by facsimile pursuant to�esolubon of the Board of Dfrectors of the Company adopted at a meeting duly catied and held on the 31'�day of December2003,of which the following is a true excerpt: RESOLVED that the signature of any autlrorized ofBcer and the seal of the Company may be aifixed by facsimile to any Pow�of Attomey or certffication thereof authorizing the execudon and delivery of any bond,undertaking,contracts of indemnity and other wriUngs obligatory in the nature thereof,and such signature and seal when so used shall have the same force and effect as though manually affixed. IN WITNESS WHEREOF, THE GUARANTEE COMPANY OF NORTH AMERICA USA has pused �T�. thts instrument to be signed and its corporate seal to be affixed by its authorized officer,this 13th day �� � of November,2007. � � o,� G �,� TME GUARANTEE COMPANY OF NORTH AN�ERICA USA 'yo'�M��'�,' ��/�? .,:•','��"r' �-..�;c�'c ..J � STATE OF MICHIGAN Stephen Dullard,Vice President � ��r�_— County of Oakiand Randall Musselman,Secretary On this 13th da�of November,2007 before me came the individuals who executed the preceding instrument,to me personally known,and being by me duly swom,said that each is the herein descrtbed and aufhorized officer of The Guarantee Company of North America USA;that the seal affixed to said instrument is the Corporate Seai of said Company;that the Corporate Seal and each signature were duly affixed by order of the Board of Directors of said Company. "��< , CynthJa A. i'akai IN WITNESS WHEREOF,1 have hereunto set my hand at The Guarantee °`-� �, Notary Pubik, Stete of M/chigan Comparry of North America USA offices fhe day and year above written. � �>�-> County of Oak/and ��' �,;� My Commission Expires February 27,2p12 '"� "....�`"•� Acting In Oak/and Counly �t� (� • �C{��J I,Randall Musselman,Secretary of THE GUARAN'TEE COMPANY OF NORTH AMERICA USA,do hereby certify tl�at the above and foregoing is a true and coRect copy of a Pow�er of Attorr.e;executed by THE GUARAN'1'EE CpMp,ANY OF NORTH AMERICA USA,which is stilf in full force and eflect. IN WIT�IESS WHEREOF,1 have tl�ereunto set my hand and attached the seal of said Company this 20th day of May,2009 ��T��o$ , . _`'�� �. ~ `"' � s� � '� �rJ Randail Musselman,Secretary A CALIFORNIA ALL PURPOSE ACKNOWLEDGMENT :+������.�,-�cb �,c�.�.E-r�cz��=c� ��-z .� --�ae_.��.�'uYr"€`:4�'�;6`z�,Y'z�C`zGt'��'.�:.�;e`�'`�E`c"—�-`i"^'^�,R+ ,r,_ -�J��e.�:�'.���X'�, -�,e� State of California County of Orange On 05/20/2009 before me, R_Haas-Bates, Notary Public oace — Here insert Name and Title of the Officer personally appeared Wi�liam Syrkin � Name(s)o}Signer(s) who proved to me on the basis of satisfactory evidence to be the person�) whose nameEsj is/a�e subscribed to the � within instrument and acknowledged to me that (} _ E E� R, �jqAs_ he%he;flhe7r executed the same in his/�authorized >1 C����� aA7'ES capacity(tes), and that b his/ � *��'� �^ �I796 � Y � signature(s}on the � �� :��:, ;x.��'e��R������c , �������� �, instrument Che person(�, or the entity upon behalf of '"` ` C Gr�sN. � C a���u ry �., which t h e p e r son(�s}acted, executed the instrument. �XpIFES APRlI 22, 2012 '` 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. Flace Notary Seal nbove Signature '�-�� ��.i��/'� S�gnature of otary pup�i� OPTIONAL Though the infarmation below is not required by law,it may prove va/uable to persons relying on the document and could prevent fraudulent removal and reattachment of this form 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: ❑ Individual Signer's Name: � Corporate Officer—Title(s): '`' Individual i�— � Partner—_ Limited r�General : ='Corporate Officer—Title(s): - Partner—n Limited = General ❑ Attorney in Fact � `�i Attorne in Fact �'"" J TCUSt2@ Top of thumb here y '� Guardian or Conservator �-'TCUSt2Q Tcp of th;m�h here � Other: -�Guardian or Conservator �Other: Signer Is Representing:_ ISigner Is Representing:_____________ I _______.___________ _ _ _ - . . . , U2007 Nt,tl�mal Pdo;ary A„�;iahon•835p De 5oia Ave..P.O.Box 2402•GAatswartq GA g1313-240"• � ww�v.NaLonatMctary.org item khy0���,�ef.�����.�."Z'To`�`�`�;� ����, CERTIFICATE OF LIABILITY INSURANCE DATE(MM/DD/YYYI� PRODUCER Lockton Companies,LLC-L Los Angeles 12/1/2009 725 S.Figueroa Street,35th FI. THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION CA License#OF15767 ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE Los Angeles CA 90017 AL�TER THE COVERAGE qFFORDED BY TH�0 LCIES BELOW (213)689-0065 n�suReo g INSURERS AFFORDING COVERAGE NAIC# 1026952 902 SnHamlton Ave s,Inc. iNsuReRn: Arch Insurance Com an I1150 Gardena CA 90248 INSURER B: �en�an Guarantee and Liabt7ity Insuranee Company 26247 INSURER C: Zurich American Insurance Compaay 16535 INSURER D: COVERAGES BESROOI N3 THI CER7RF ATE OF INSURANCE DOES N07 CONSTITU7E A CONTRACT BETWEEN THE 15SUING 7HE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED.NOTWITHSTANDING ANY REQUIREMENT,TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHtCH THIS CERTIFICATE MAY 8E ISSUED OR MAY PERTAIN,THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS,EXCLUSIONS AND CONDITIONS OF SUCH POLICIES.AGGREGATE LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. INSR ADD'L LTR INSRD TYPE OF INSURANCE POLICY NUMBER POLICY EFFECTIVE POLICY EXPIRATION DATE MM/DDIYY DATE MM/DD LIMITS GENERAL��qg���Ty A X COMMERCIAL GENERAL LIABILITY 71PKG2238300 �CH OCCURRENCE S 1 OOO OOO 12/1/2008 12/1/2009 ��AGETORENTED � CLqIMS MADE X�OCCUR S I.00O,OOO �{ MEO EXP M one person) S Excluded Coatractua] X _XCU CoveraQe PERSOw1L 8 ADV INJURY $ 1 OOO OOO GENERALAGGREGATE S 2 OOO OOO GEN'L AGGREGATE UMIT APPLIES PER: PRO- PRODUCTS-COMP/OP AGG $ 2 OOO OOO POLICY JECT lOC A AUTOMOBIIELIABILITY '71PKG2238300 X ANYAUTO 12/1/2008 ]2/1/2009 COMBINEOSINGLELIMIT (Eaaccident) $ 1,��0,��� J ALL OWNED AUTOS I SCHEDULED AUTOS BOOILY INJURY $ �(XXXXX (Per person) X I HIRED AUTOS X I NON-OWNED AUTOS 80DILY INJURY $ �XXXXX ( (Per accident) PROPERTY DAMqGE $ XXXXXXX (Per acc(dent) GARAGE LUIBILRY ANYAUTO AUTO ONLY-EA ACCIDENT $ XXXXXXX OTHER THAN EA ACC $ XXXXXXX AUTO ONLY: qGG $ XXXXXXX B EXCESS/UMBRELLA LIABILITY EACH OCCURRENCE 1 O OOO OOO }C OCCUR �ClA1MS MADE AUC-5944657-00 12/1/2008 12/1/2009 AGCREGA7E 1 O OOO OOO UMBRELLA DEDUCTIBLE X FORM XXXXXXX RETENTION $ �XXXXXX A WORKERS COMPENSATION AND �1 WCI2238200 $ XXXXXXX 12/I/2008 12/1/2009 X WCSTATU- 0_� EMPLOYERS'LIABILITY ANYPROPRIETORIpqRTNEWE%ECUTIVE E.L.EACHACCIDENT I�OOO�OOO OFFICEWMEMBER EXCLUOE07 ny�,d��neundK E.L.DISEASE-EAEMPLOYEE $ I,OOO,OOO SPEGAL PROVISIONS 6elow NO C OTHER E.L.DISEASE-POLICY LIMIT $ I,OOO OOO Contractors Po]►ution MCP 5223810-00(cont.equip) 12/I/2008 12/I/2009 Each Claim:52,000,000 Liabili �Y Policy Aggregate:52,000,000 DESCRIpTION OF OPERATIONSILOCATIONSNEHICLESlEXCLUSIONS ADDED BV ENDORSEMEN7/SPECIAL PROVISIONS ISSUED AS EVIDEIVCE OF INSURAIVCE ONLY IF O D C C IO EVIDENCE OF INSURANCE SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF,THE ISSUING INSURER WILL ENDEAVOR TO MAIL_DAYS WRITTEN NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE LEF7,BUT FAILURE TO DO SO SHALL IMPOSE NO OBLIGA710N OR LIABILITV OF ANY KIND UPON THE INSURER, ITS AGENTS OR REPRESENTATIVES. AU7HORI2ED REPRES ACORD 25(2001/08) For questions regarding this oertiqcate,conLctthe num6er listed 1n the'Produ�ei saction a6ove and s cify the efi cod ESR001'. B ACORD CORPORATION 1988 . I J '� '�'P� 'I . '�State O(Cal'rfomia �� COM'RACTORS STATE LICENSE BOARD • "'�""" ACTIVE LICENSE '1 Cumumcr ' � ` ier,�n • 'r �� ' u�..:.w�� 456263 Ea�r CORP ' ' ���$��, BEST CONTRACTING SERVICES JNC ,� � �,, � �� p'�*c'���:} C39 B A C43 C20 C17 C10 � �dii i � � �`�^°°^°�•� 05/31/2010 �� � �i , � . zArry changa oYbusinass addrasslnartw muct ba rapatad b tlw Fiagistar wilFin 90 days. • � This lioense is not tra�tQrtabM,and shep Ee retwned to he Re9isYa upo�demard when suspend�d,r�rok�d,or imalidsled tor wry reeson• � � 7Tus pocket cerd is valid throuyh tlw oxpiratio�de�e oMN. 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