HomeMy WebLinkAboutC28890 - Civic Ctr Parkng Lot Rehab - Dateland Const. Co., Inc. Contract N0. C28890
CITY OF PALM DESERT
PUBLIC WORKS DEPARTMENT
STAFF REPORT
REQUEST: Award Contract No. C28890 for Construction of the Civic Center
Parking Lot Rehabilitation Project to Dateland Construction
Company, Inc. of Indio, California, in the Amount of $83,914.00
SUBMITTED BY: Mark Greenwood, P.E., Director of Public Works
CONTRACTOR: Dateland Construction Company, Inc.
83-801 Avenue 45
Indio, CA. 92201 CITYCOUNCIL. �IpN �
APPROVED ✓ DEN�ED
DATE: June 25, 2009 RECEIVED pTHER
CONTENTS: Contract Agreement MEETING DATE -
Contractor's Proposal A�s: �
Vicinity Map NOES: �
ABSENTt
.
.
RECOMMENDATION: �RIFIED BYs
Origival on File w�It6 Citir 's Ot�iq
By Minute Motion:
1. Award Contract No. C28890 for Construction of the Civic Center
Parking Lot Rehabilitation Project to Dateland Construction
Company, Inc. of Indio, California, in the Amount of$83,914.00;
2. Appropriate $83,914 to Account No. 400-4313-433-4001 from
unobligated Fund 400;
3. Transfer budget in the amount of $83,914 from Account No. 110-
4313-433-3320 (Parking Lot Maintenance) to Account No. 110-4199-
499-5010 (transfer out account);
4. Transfer the funds from the General Fund to Fund 400; and
5. Authorize the Mayor to execute the subject agreement.
Funding is available for this project in the Capital Reserve Account No. 400-4313-433-
4001
DISCUSSION:
At certain locations, the asphalt pavement in the Civic Center Parking Lot has started to
fail. As part of the parking lot maintenance program, areas have been identified for
Staff Report
Award Contract C28890 to Dateland Construction Company, Inc.
Page2of2
June 25, 2009
removal and replacement. The failing asphalt and base material will be removed and
replaced with new base material and Warm-mix asphalt.
Warm-mix asphalt is an environmentally friendly alternative to hot-mix asphalt. Warm-
mix asphalt can be up to one hundred degrees cooler than hot-mix asphalt. The energy
required to manufacture the asphalt is reduced, and the fumes that come off the asphalt
are reduced, resulting in less natural gas usage and cleaner air.
On June 4, 2009, sealed bids for the project were opened and read aloud. The
following is a summary of the bids received:
Contractor Location Bid Amount
Dateland Construction Company, Inc. Indio, CA $ 83,914.00
Granite Construction Company, Inc. Indio, CA $ 115,060.00
NPG, Inc. Perris, CA $ 129,921.00
Tri-Star Contracting, Inc. Desert Hot Springs, CA $ 136,621.19
Dateland Construction Company, Inc., submitted the lowest responsive bid in the
amount of$83,914.00. The bid came in slightly higher than the engineers estimate.
FISCAL IMPACT: This is maintenance work. It is recommended that asphalt receive
maintenance approximately every six to seven years.
Therefore, staff recommends that City Council award Contract No. C28890 in the
amount of $83,914.00 to Dateland Construction Company, Inc., for construction of the
Civic Center Parking Lot Rehabilitation Project, and authorize the Mayor to execute the
agreement.
Prepar�ed By: Depart e ead:
,
'� ��
R n Gay Mark Greenwood, P.E.
Project A ministrator Director of Public Works
Apprp I:
�
Homer Croy Paul S. Gibson
ACM for Develop ent Services Director of Finance
J M. Wohlmuth
i Manager
G�IPub WorkslSta//Reports12009Uune 25105 Award Contract C28890 to Dateland Const�udion for Civic Center Lot RehablSR Award Contract to Dateland Const 750-09.doc
Contract No. C28890
AGREEMENT
THIS AGREEMENT is made and entered into this 25th day of June, 2009, by and
between City of Palm Desert, California, hereafter called "CITY" and Dateland
Construction Companv Inc hereinafter called °CONTRACTOR".
WITNESSETH
RECITALS:
CONTRACTOR has submitted to CITY its Contractor's Proposal for the construction of
CITY Project,
1. CIVIC CENTER PARKING LOT REHABILITATION, PROJECT NO. 750-09,
CONTRACT NO. C28890, 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. n/a; (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 21 calendar days from the Notice to Proceed
date to the satisfaction of the Engineer.
1
Contract No. C28890
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 ctaimed to be caused by the negligent or
intentional acts or omissions of Contractor, its subcontractors, its agents
or employees, and, all expenses of investigating and defending against
same,
b. Any and all liability, claims, damages, losses or injuries to any and all
contractors, subcontractors, material-men, laborers, or any other person,
firm or corporation furnishing or supplying work, services, materials or
supplies in connection with the perFormance of the Agreement.
c. Attention is directed to the General Specifications - Claims, Liability, and
Indemnity Agreement/Hold Harmless sections, which specifications are
made part of this Agreement as set forth in Agreement paragraph 1,
above.
d. Attention is directed to Section 6-9, "Liquidated Damages" of the Standard
Specifications and is hereby amended to substitute the "City of Palm
Desert" in place of "Agency." Liquidated damages shall be $1,000.00
dollars per calendar day of delay.
4. Should any litigation or arbitration be commenced between the parties
concerning the works of improvements as referenced herein, the prevailing party
in any such litigation, being the CITY or the Contractor, should be entitled to a
reasonable sum for attorney's fees incurred in any such litigation relating to this
Contract.
5. This Agreement shall be binding upon all parties hereto and their respective
heirs, executors, administrators, successors, and assigns.
6. Contractor shall be paid in the manner set forth in the Contract Documents the
amount of its Proposal as accepted by CITY, subject to such additions and
deductions as may be made pursuant to the Contact Documents and applicable
law.
Satisfactory Performance• The prime Contractor agrees to pay each
Subcontractor under this prime contract for satisfactory performance of its
contract no later than 10 days from the receipt of each payment the prime
Contractor receives from City of Palm Desert. Any delay or postponement of
payment from the above referenced time frame may occur only for good cause
following written approval of the City of Palm Desert.
2
Contract No. C28890
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
3
Contract No. C28890
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)
4
Contract No. C28890
PERFORMANCE BOND
KNOW ALL MEN BY THESE PRESENTS: That whereas the City of Palm Desert has
awarded to Dateland Construction Companv Inc hereinafter designated as the
"Principal", a contract for:
CIVIC CENTER PARKING LOT REHABILITATION
PROJECT NO. 750-09
CONTRACT NO. C28890
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, Dateland Construction Company 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
Eiqhtv-three thousand Nine Hundred Fourteen Dollars ($83,914.00), 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 harmfess 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.
1
Contract No. C28890
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 PRINCIPAL
BY: BY:
INSURANCE COMPANY and/or AGENT
ADDRESS
TELEPHONE NUMBER
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)
2
Contract No. C28890
PAYMENT BOND
KNOW ALL MEN BY THESE PRESENTS:
THAT WHEREAS, the City of Palm Desert (sometimes referred to hereinafter as
"Obligee") has awarded to Dateland Construction Companv Inc (hereinafter
designated as the "CONTRACTOR"), an agreement dated June 25. 2009 described as
follows: CIVIC CENTER PARKING LOT REHABILITATION, PROJECT NO. 750-09,
CONTRACT NO. C28890, (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, _ Dateland Construction Companv 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 Eiqhtv-three thousand Nine Hundred Fourteen
Dollars ($83,914.00), 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
1
Contract No. C28890
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: 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 filfed 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 (Circutar 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)
2
C -- CONTRACT�R'S PROPOSAL
CIVlC CENTER PARKING LC?T REHABtLtTATIQN CIVIC CENTER PARKlNG LOT
REHABILITATION �
PROJECT NQ. 750-09PROJECT N0. 750-09
CONTRACT NQ. C2$890
TO: CITY OF PALM DESERT, "ClTY"
DATE: �'v,tJ�, v?c�e��
B I DDER: ,,��}/��.�/�1/ �ir/���' �c.�.,.1
-- m ��"��'�''�,�C:"CONTRACTOR"
The UNDERSIGNEp, "CONTRAGTOR", having carefully examined the site and the
Contract Documents for the cons#ruction of, CIVIC CENTER PARKING LOT
REHABILITAT[ON, PRQJECT N4. 750-09, CONTRACT NO. C28890, hereby
proposes to construct the work in accordance with the Contract Documents, including
Addenda Nn(s). �r" for the amount
stated in this Proposal.
By submitting fihis Proposal, CQNTRACTQR agreas with CITY:
�. That unless withdrawn in person by CpNTRACTOR or some person authorized
in writing by CONTRACTOR — not by telephone or telegram — before the time
specified in the Notice Enviting Bicis for the public opening of bids, this Proposal
constitu#es an irrevocable offer for 60 calendar days after that date.
2. The C1TY has the� right to reject any or afl Proposals and to waive any
irregularities or informalities contained in a Proposal.
3. That the contract shall be awarded anty by the governing body of CITY. Said
contraet shaf I only be deemed awarded after the CONTRACTOR'S complete
sUbmission af alJ contract documents, bonds, insurance documentation, and the
. CITY shall obtain all necessary signatures of the goveming body, at which time
� the contract shail be deamed awarded.
4. To submit to CITY such informa#ion as C1TY may cequire 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
guarant�e that if awa�ded the contract, CONTRACTOR will execute the
Agreement and deliver the required bonds and certiftcates of insurance within 1Q
days after notice of award. If CONTRACTOR faiis to execute and deliver said
documents, the ch�ck or bond is to be charged with the costs of the resultant
damages to CITY, including but not limited to pubfication costs, #he difference in
money between the amaunt bid and the amount in excess of the bid whfich costs
CITY to do or cause to be done the work involved, fease and rental costs,
additional sa(aries and averhead, increased interest and costs of funding the
Page C-1 �
project, attorney expense, additional engineering and architectural expense and
cost of maintaining vr construction aiternate facilities occasioned by the failure to
execute and deliver said dvcuments.
,
It is understood that fihe quantities shown hereon, except for those quantities marked
"Lump Sum", are estirnates and #he �nal payment wil! be based upnn the actua! work
perFormed, subject to such adjustment and alterations as eisewhere pravided herein.
1 Mobilization LS 1 $ �- $
`�''o� �'oo� �"
2 Remove Base and Sr�r�acing 8" SF 26,500 $ $ a
,�� l��s"�
3 Crushed Aggregate Base 4" CY 327 $ $
.�7� /o?i a 99 `.
4 Warm-Mix Asphalt Concrete 4" SF 26,500 $ $
fa�� y���0.
5 Adjust VaEve Cover ta Grade EA 4 � ,��a� � �� 6�d0, �
$ $
$ $
T4TAL BID PR10E $ ��� c�l�/ ��
. Page G2
,
CALIFORNIA JURAT WlTH AFFIANT STATEMENT
`-'��ttached Document(Notary to cross out lines 1-6 below) _._
❑ See Statement 6efow (Lines 1-5 to be compfeted only by document signer[s), not Notary)
Signature of Document Signer No.1 Signature ot Documeni Signer No.2(if any)
State of California -
County of �� �`��j�,�
Subscribed and sworn to (ar affirmed) before me on this
S� day of ,20�, by
Data G Manth Year
(1)
Nemeaf 1 ner �—'—�
prova to me on the ba ' of satisfactory evidence
� lOS�FINA VELA to be the person who appeared before me (.)�
Commhsion� i 790209 (and
� fiotany pubMc-Catlfomia �
RM�rsids Coanty (2) �„�
���,�eFOb�,'�j�'1 Name of Signer '
proved to me on the basis of satisfactory evidence
to be the person who appeared before me.)
Signature
Signeture oE Notary Publk �
P�ace Notary Seal Above
OPTIONAL
Though the information befow is not required by law,it may prove
valuable to persons relying on ihe document and couJd prevenf � ,
(raudulent remova!and reattachment of thrs form to another document. � .
Top o(thumb here Top of thumb here
Further Qescription of Any Attached Document
� `
7it3e or Type of Document:
������.��
Documenl Date:� Number of Pages: �
Signer(s)Other Than Named Above: ��,� �r\�
02007 Nalionaf Notary Associa6on•935U De Soto Ave.,P.O.Box 2402•Chatsworth,CA 913134402•mvw.NatlonalNotary.org Ilem M5910 Reorder.CaIlToll-Pree t-800�8)6•6827
The costs of any work shown or required in the Plans and Specifications, buk not
specificaify identifted as a Pay Item are inciuded in the related Pay item(s), an� no
additionai compensation shall be due GONTRACT4R by virtue of C�NTRACTQR'S
compliance with the Plans and Specifications. f ��-
T4TAL AM4UNT BASE.BID 1N FlGURES $ �.3 `;��7� �
TQTAL AMOUNT BASE B1D IN WURDS _�1't����j/—�,Q� C,?s-,�,vp ,�j,��'
.�v,�a,�� ,�v.��.c� �oCG�,�,�,o ,�'d c��
IN WITNESS WHEREOF CONTRACT� exec his proposal as af date set farth on
Page C-1: �
� By:
Signa e
Title: ����o�P��C S'�'�'����
C(7NTRACTOR '
State af Galifornia }
County of 6C����r�DC-' j
)
Subscribed and sworn to (or affirmed} be�'ore me on this day of
(month), (year}, by
proved to me o � sis of satisfacfiory evidence to be the person(s) who appeared
before me. ,-.
Signature af Notary � ( Notary)
Page C-3
D - 1NFORN(ATION REQUiRED OF BIDQER
The biddet- is required to supply the following informa#ion. Additional sheets may be .._
attached if necessary. f
(1) Address �..�-d�4/ h�v'��1�/� �/�, ,,,�'.v0/d, c'.5�. �'�20/
(2) Telephone No. ��60� �yoz-�`��%�
(3) Type of Firm (Individual, Partnership or Carpora#ion) Ca�P,�JdiP�¢�,�,�
(4) Corporation organized under the laws of the State of �'��1���i�
(�) Contractor's License No. .�y���� Exp. Date �`=,3/-.�0/��
Contractor ereby rs under pena(ty of perjury that �his information provided is true
and corre .
gY� � T itle:_�r��f'.Ov�Pf���c'.��"/y
Signature ContraGtar 7L
(6) List the names and addresses of all owners of the firm or names and titles of all
officers of the corporation:
���1� /lJ. �Cf/c�?�C/'.�f��N� c�,.?�-t�'a�,Qcl�-d��S/Jr�.x.u4�d,��, 5'.�7a/
-�J v�1 C�i'��/o�C SEG.C��Ti�?-..�?lY/ c�3-�ol'i�IJE.JJ�f�'J� .�i✓D/a� C/l, ��20�
(7) Number of years' experience as a Contractor in construction work �,71'
(8) List at least three similar projects completed recently: �
Contract Amount Cfass of Work Date Completed Name, Address &
Tefe hone No. of Owner
1. crs m^.P.s+ iry �i�o Fc.� �- c �
1�pPs�000, ,,�,�„��' ..�_ao-��' ��.�aa,���,�,o�,�,��bG' �-.�.�� o
� �.{�/,'�c-�T� cA 9 aa3 Y
Gc'J 7 0- o�d A
2 �� OQO.� i4 �6i � c'�T/r cFCa��
� ' �a�-oc�' 1s�s .s,.�T,�/ s>,
p �.9�'i� co�cf/'Fll.�, �-�7,
f6o� 39r�3s"o�
3� , GiP•4J�,e� �'�a�'�',u �i9 rv�
�3,�'�;D D0, �' �,�{��.� �D� /S^ a� •�/_'9,sxs�L ,G�.Q�4a �°,
D�A,v��(Yr, c'�1! y.2�/'o
�� ��6�0��
Page D-1
_ . __
(9) List the names and addresses af each Subcontractor wha will perform wark in or
abaut the work imprnvement, and indicate what portion of the work will be done
by each Subcontractor:
r/f --
Subcontractor's Name:��.tJD �Rd�y,�,vo,/��,�I,i/J,t.,��.r�.�-r���
r
License Number:
Address: �'6'�.S^ �� di�/'!'1c�
:��c�.�'�-s',o.����,.r; c.5? 9.���a
Tefephone: ��v� o?c�a��23�
Work#o be pertormed: S�.�cJ�—y
Subcontractor's Name:_ �v�'/'��.r�J �Yr�i��S+�/s�,�t,t--
License Numb�r: �"� 9.3��
Address: -.Q, �c}x' /�,,�',6"
�iv��J�`�p�� �/� 9�s'o/,
,
Telephone: C��S"'/� ��Po�—./��/�
,
Work to be performed: ��-�,�,����.�od,��
Subcontractor's Name: �
License Number:
Address:
Telephone:
Work ta be performed:
{10} List the name of the pe�on who inspected the site of the proposed wark for your
firm �1�i�a ��ipQEi(�
(91) A financial statement or ofher information and references sufificiently
comprehensive to permit an appraisal ofi your current fiinancial condition may be
required by the City. �
Page D-2
E - NONWGOLLUSIQN AFFIDAVIT
To be Executed by Bidder and Submitted with Bid
, �
STATE �F CALIFORNIA )
) SS
COUNTY OF �/�iP�1'i�E` )
�ei4 j G"�/�y��2 , bein first duly swarn, deposes and
says th at h�i �.� �,p S-c-c,r1 E� f of /' a �'o.ar'r���/� �,��tfie
party making the foregoing bid; that the bi is not made in the interest of, or on behalf of
any undiscfosed person, partnership, company, association, orga�ization, or
corporation; that the �id is genuine and nat colluSive or sham; that the bidder has not
directly or indirectly induced or solicited any ather bidder to put in a false or sharn bid,
�nd has not directly ar'indirectly colluded, conspired, connived, or agreed with any
bidder or anyone e(se to put in a sham bid, or that anyone shall refrain from bidding;
that the bidder has not in any manner, direet[y or indirectly, sought by agreement,
communication, or conference with anyone to fix the bid price of the bidder or any other
bidder, or to fx any overhead, prafit, or cast elernertt af 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 ar indirectly, submitted his or her
bid price or any breakdown thereofJ or the con�ents thereof, or divulged inforrnation ar
data relative thereto, or paid, and will not pay, any fee to any corporation, partnership,
campany, assaciation, arganization, bid depositary, or to any me ber or agent ti�ereof
to effectuate a collusive or sham bid.
By:
Signa
Title: Ca/1,Q���f�S'�"c.c����Cy
CONTRACTOR 7
Subscribsd an �-( r ed), bef r e this day of
{month), 20 (year , , proved to me on the
basis of satisfactory evidence to be th a w e or me.
---__
Signature of Notary:
Notary Public in and far said County and State
� (seal of nota
Page E-1
GALiFQRNIA JURAT WITH AFFIANT STATEMENT
'y-`��lJ�+A'"` h/.ci�Vc-Ns-iJ�crJ "�2�,^�A'F�16'�qfY�QAe'4A''�b.��..'^
J
u-See Attached Document(Notary to cross out lines 1-6 below) _.
❑ See Sfatement Below (Lines 1-5 to be completed only by document signer[sj, not Notary) �
Signature of Documenl Signer No.� Signature of Document S No,2(ff any)
State of California
County of �1�4`Q����
Subscribed and sworn to {or affirmed) before me on this
��da of
Y 20�, by
Oate Monlh Year
�1)
Name of Sig �
�"��� proved me on the basis of satisfactory evidence
�pp����qp=p� to be the person who appeared before me (.)�
� i�laMM�11�b1k-Co1MonMa� �
MwNiMs Cou�Mr (and
1.i0� (2}
Name of Signer
proved to me on the basis of satisfac ' ence
to be the person who appeared before me.)
Signature l�
Signawre of Notary Public
Place Natary Seal Above
OPTIOIVAL
7hough the information below is not required by law,rt may prove
valuable to persons relying on the document and coutd prevent � � � �
fraudulent removal and reattachment of this form to another document. Top ot thumb here Top of thumb here
Further Description of Any Attached Document ,
�
Tilte or Type of Document�e� ` ��
Document Date:�,�,��_Number of Pages: �
Signer(s)OtherThan NamedAbove:._�.� V�' '"'^--
�" ��`�b�.�'�'fo�G�'�,.��
m2007 National Notary AssociaUon•935D De Soro Ave.,P.O.Box 2402•Chatswonh,CA 91313-2902•vm�.NationatNotary.org Ilem N5910 Rearder,Call Tol-Free 1-800-87fi-6927
F-- �EDI]��'� ���ID ---
To Ac�4rr�pany i'�tspdsaE
kNOW AL.L MEN BY THES�PRESEN�'S,
`f hat V{/E+�, DATBLAND CONSTRUCTION COMPANY, INC.
as principai,
a�(� DEVELOPERS SURETY 79ND INDEPR�ITY COMPANY �$ $�r��� f�r�t ��Id r�I2d
�rm1y baund unto the City afi 1�afm I�esert in the sum of� Ten Per�ent*• {�0°!o a� bid)
to ba pa�id to the sald City or its certain'attorrtey� ifs success�ts and assigns; forwhich
payment, we(I'.�nd truly to be mad�, we bind aurselves, nur hatrs, executors and
administrator�, successors or assigns,�oln#!y and sevewally,�irmlY by fihese pres�rtts.
THE CONt�fTlC�7N O� THIS QSLiGATIpN 1S SUCH, that If the certain proposal of#he
above bounden pNnc�pal to pertorm certain wori<described as fr,tlows:
7he genera! items of wark t� be done hereund�r consist of: Mc�bilizatfon,7raffic GohYrol,
Rernava�l of AsphaJt and Base;Asphaft Paving, and 5tripit�g,for c�vic Center Parking
Lot Rehabi].itation, Project No. 750-09, Contract No. C2B890 '
and dated Sune 4, Zoo9 is accepted by the CiEy of!'alm �esurt
and if th�ebove baunden prFnGipal DATE� CONSTRUCTION COMPANiY, ZNC. .�ihalt '
duly ent�r into artd execute a contract for suah constructlon, �nd shail execut� and
deliver the perf'arm�nc� Bond and P�yment Bor�d and insur�n�e cert�Icates as requlred
by,said contract, then fhis oblig�tlnri Shall become null end void; athen,vise it shall ba
�nd remain in rufl fc�r�e and effe�t,
Shautd it beaome necessary f�r the �ity to institute � la�nrsuit, ar any other legai
proce�dtng ta enfar�e the terms and aonditiqr�s of this bc�nci, th�n a!i costs o� said
proGaeding, inaludirtg attorney's fees, shafl be award�d to th�prevaifit�g party,
Page F-�
+(10�) of the TotaJ. Ampunt of the Bid
CALfFORN1A ALL=PURPOSE ACKNOWLEDGMENT
�r�"� ��.Fr ��.�R..�,a,�
+�a1��A' '.4'�`.�'c��4"".ct"�._.r,u �A2�vs�c�'.kro.c'Fy
�'� .F4a�2
State of California -�
�
County of �lV�{�S� �
,
an � before me,
Dat � Here fnsert am and stle f t e cer '
personaily appeared
Name(s)o(Signer(s)
,
who proved to me on the basis of satisfactory evidence to
be the person,�s}whose name.�aris/afe-subscribed to the
within instrument and acknowledged to me that
.1�e?5he/tbey-executed the same in.his/tier/�rauthorized
capacity(iesj; and that by,.l�is�her/tlaeir-signature�s�on the
'�F��� instrument the erso
�;p�#»qpZpq p r,�aj;' ar the entity upon behalf af
� Nolaiy M�ubNe-Ce�NarMo � which the person�acted, executed the instrument.
� �County
�.��1�12 M I certify under PENALTY OF PERJURY under the laws
of the State of Califarnia that the foregoEng paragraph is
true and correct.
WITNESS m hand and official seal.
1 �
Place Notary Seal Above Signature �
Signature W Nolary Pud�
OPTIONAL
Though fhe information below is not requir�d by law,it may prove vafua to persons re/ying on the document
and could prevent freudulent removal and reattachment of this form to another document.
Description of Attached Document �
Title or�'ype of Document:�„ (� Y�,
Dacument Date: L Number of Pages: , �
Signer(s)Other Than Named Above: � �
Capacity(ies) Claimed by Signer(s)
�
Signer's Name: � Signer's Name:
0 individual ❑•lndividual
J.7�'Corporate Offi r—Title(s): p Corporate Officer—Title(s):
O Partner—� Limited U General p Partner—�Limited ❑General
O Attorney in Fact � � � ❑Attorney in Fact . '-�
CJ Trustee 7op of thumb here
O Trustee Top of thumb here
❑ Guardian or Conservator O Guardian or Conservator
❑ Other: ❑Other:
Signer Is Representing: Signer Is Representing:
�2�Q7 National Notary Associalion•9a5p pe Sdo Ave.,R0.6ox 2402•Chatsworth,CA 91313-2402•wtiwi.Ma6onalNotery,org Item N5907 Reorder.Call7otl-Free 1-800-676-8827
State of COLORA�O }
)ss.
County of ARAPAHOE �
On June 4, 2009, before me, a Natary Public in and for said County and State, residing therein, duly
commissioned and sworn, personaliy appeared CynthTa M.Burnett
known to me to be Atforney-in-Fact of DEVELOPERS SURETY AND INDEMNI7Y COMPANY
the corporatian described in and that execufed the within and foregoing instrument, and known to me to
be the person who executed the said instrument on behalf Qf the said corporation, and he duly
acknowledged to me fhat such corporation executed the same.
IN WITNESS WHEREOF, I have hereunto set my hand and affixed my o�cial seal, the day and year
stated in this ce�tificate abave.
My Commission �xpires: SePtember 19,2009 ��jo� �� �__�
Kathleen Van Houten, � Notary Public
kOVV�R O�'ATTORNEY TpR
DE'V�LU��BS SURETXAND INDEMN,CTX COMPANY
POBOX1472S,TRViNE,CAg2fi23 (949]�G7-3300
www InscoAico.cam
ICNOW AI.L M8T1 BY'['fiESE PftPSEN7'S,Ihat except as w�pressly limited,DBVELOPSFtS SURL1yAND RdpEMm7y Cadq,pN�,dou haeby make,constiniic
and nppoin�
***Teresa �. '('Y�raiikili, Douglas J. Rathey, Cynthia M. Burnett,jointly or s�verally***
us iu true and lawful Attomey{s)-in-Fuct,to mnke,exccute�aQ�iver snd aaknowFcdga,for nod on 6chatf of'said corporntioe,es surety,(�onds,�sdersalri��and contrncts
vf suretyship givins qnd 8rost4ri$unto said Attvmey(s}-in-Foct Cup powcr nnd aulhorFry to do and!o perfotm nvery act exessnry,rcyuiglle or pmpec to 6e donc ia
eonacction therevrlth aa thc corporatian aoald do,but reserving to the corpora�ion full gowgr of substimtion and nwcation,nnd ai1 nf t6a acLa of said Attamay(s)-in_
1=act�pursunnt to l6aa presents,nrc hcteby tattfted and confermcd. •
This Power ofAttamey is grnnted and is sigeed by fucsimile under and by aucleority aCthe followiag�solutton udapted by lhe Bonrd of Dirccto�s ofDEVELpPS2S
SURE'tY ADlA INDEIvD�I]'IY GpWlpqlVy e�1'ective as oCNovembcr I,200D:
RESOLVID,that tho Chairmon ot'Ih�gawd,the Pcesidcnt ond nny�ce Asesidmtof the curporndo�b�,attd U,ot each of�em harcby ie,au►harized to execu�e
Pa�vers ofAttomcy,quolifyin$the AComey(s)-iu-Fna[nnmed in the Powere ofAttoroeyr lo exeaute,on behaif of tE�e corpamdon,band�,uadertakings and caatcaetv of
surctyship;ond thol the 5�crcrory or ony,t�ssiatoat Seorcutry ofthe cocporndon bc,and rach ePlhem herelry Ia,authorixu!to attest 1hc exau6nn afany such Pawer of
Attomey;
RESQLVEU,FtlR'i'H$R,thnt Ihe gj�,mu�of such a!'ficess tnay bo u(�'ixed ta eny such Power ofAttomey or to nnycertifirate telating Iherem by farsimile,
und any such Powcr ofAttamcy or ccrtiticalc beariag suah feaaimiia aignaluna ahal!be valid and 6indi�g upon the corporntion wben so aE�ia�ed end in thc i�ture wit�
rrspect to nny bond,undcr�nldng or r.onhsct afautetyship lo which it is attachsd. ,
1N WITNESS WHEFZEQF,DEVEI.OPHRS SU(tEI'yqTip MA�[�[('�'y COMPATFY hns eneued t}�esa pr�ts to be signed by its itspective Execudve Vcc Pnsident
end anestcd by its Secretazy lhis]st day afAecem6er,ZDOS.
� ��.1�NIIN�J/hl
��.�,( AHd�,,,,,
..� �J��MM�^�•yoF,y
8y ,� ;y,•••pt� tiEtg�;.�i
David H.Rhodes,Executiva Yce-Presidrnl �w�t G OCT. �,�?s4
:o.g !0 =r,c
5=�,a� 193fi F��
gy. =�70+4•.,/U W P,,.�ab;
WnitcrA,Crowcil�$CCICIIIfy ' ,,,������br�r������*, ',
STATE OF CALIFQRNtA �
COUN7Y OF OftAN(3H
On December 1,2005 heforc mo,Gin¢L.Gamcr, (hero insertaamc and ti[fe afthe of$ca),personally appeared David H.Rhodes and WaiterA.Crawell,
persanaily known to me(or pmved to me on ttje basis of sa6sihclory evidcnc�)to be the pason(s)whose name(s)is/era subsedhed to lhe within 3nshument and
acknowlcdged tp mo lbat he/andthey execpted the same 1n hisRtcrhhcir nulhorized cnpacily(ica),nnd that by hisl6erltticir�ignansrc(s)nn the 3nshumeut the person{s),
oe tfic entiry upon bohalf ofwhich the petson(s)octed,cxecuted Ihe inshumeaL
VVf7'NESS my hund and offscis!seal.
C� � GINA l..GARN�R
� C�MM.#T5fi856'f
5ignnhuc �5��� ND7ARY PUBLJC CALIFORNtA �
� ORANGE COUNTY 3
eomm. ires 13 2089
CGitT�CA1'�E
7he undcrsigncd,As Assistant Sccretary,of AEVHLOPE1tS SUItETY AND IIVDFMNITY COMPANY,daes 8eroby catiCy ehat tha Coccgoing Powcr of
Attomey remuins in Full forze and hos not beeo rovoked,and ftuthermore,thnt theprovisiana af tbe�rsolution af thn rrspectv»Bow,ds of�tcectars oFsoid carparntiors
act faW in the Powcr ofAttorncy,is in t'orce as of if�a delr atihis CeriiGenta.
'['his Certiticnte is exxu�ed in Uie City of Irvinc,CnliCorriia,the4�h dny a[ June , 2 0 0 9
gy �//Q��f�-t,�]�"' , +�-,K
A[bett Hiliebrund,Assislant Sxrcuuy
iD-1438(DS[)(Rau i2/0�
� � ��� � �� ��� �
� s. � �m � ,�
� � �. ��� ����� ����� � ��
� � ' •.f� �� � � � � �
1 ' , � � �
G � ;� �� �
' � ��
�
�� � m�
�� �° °
� � ,.
�; , � � � �. � � • �t ��':�,��,
�rt w
� �,� ��� �
r�� �� �� � � " � '
a n ir � '., n
� u� ,.
� ,
. p
r ��
��,
�'� � , r.
� '� r�r,,���' � _ '� � � r� �' ,�
` � �;.w `��;�
� Y
.. . -y . �.�� °�'P
taaa� � �
i �
y r+ �
x: , - .��. .. . �� .. �ib�'1„a�,�a �- . . , �.
4'
. . .. , ��� .�
,
� � r w� :'�,4,^�"��hu '
5 �, g "s�
s-,;r
�
�:..,�; < ,...w,, .`„�.:�o-,,.� .» au' � ..�.;. .. ,,.,. , h° �
.. . . .� �, �a" ;' i r � ,.
„
. � � �� ��e �;sv�"6,� `".�ar�-"��,
� � .
� � q PT a
e x� � � �� %''r ,�,. � ���� ' � � ��,,
�� � �
��`;� 3 �,
�
� � � � J��+�
.� y,Mlr�,',.`� � � �„ KJ'".,.Sr..'.:
�
r ; 4 ,. ,�
m �
� �� t
� ��,d� �"�' �z �� �� .. �""�+ �"��� ��
,,�a���.;;�r"d (:5�"�.�..� � �,��y ,,� , . .. . .
�
� �- d�rzy �
� r. " � � . s�, � a '" y'"
�'��N�'� � .� r
� ' � � � �� ����� ��M� � � ��� s��
�,,,��� '���'�� �,o � � � � �".� � ,� � s� q - � ������x ,
f � �-'`��' °4. ' �l��F;. `�... ���"��',�,�" ,� d�ae�,Pr.akt"x ���.
���. ,�. �a"� �y+4�
��� � ������� '�n
� � � � � '�"`"�^�� � ar�"�� �-ce��,��' ..,'�,pe�`^l�i..� ��`� ; ,�'- s,x � ��,utw,�r�,,g�� �.
��r �i F�� � y!h��'�}i�'�;� °�,� �'A'� '� � `r � � �
�' � �a�
� y
�� . *��
: � �'� ,�''' �' � �� �.�
� ��, �° S's �i' n'+"'� "�,� z"� ° �. r,� r"' � �
�" �; � ry,,..��.�, �,� � ;� y
r� a.f a•.,_ . �4,�'"` .�
.. .. � ��r 4�krF �s� re �+� " "E gy, , :r�
F"
� t�' `yp `,�'4`; a ` ,
4�e� �
��'r� t �" �� � �� . �*`!���"�� ��`� �� � =�"1 �i►�` �� " ��T.,,
n
` �; ��„� ��p ,o "O .�w �Gv ,�, ��}^" � "�s�'� a`�r^ ,��
� � � ��. ,:rr � �"1F ���^� � � �`',� � � ,��
« �
. -� �
�� � �� �+� �,. a ,� �S��o� .ti<.. �,��;ss�, .
� � � �
� , �. ; � - � ., o���� „�-�. �.sr�b �a�'°.�
<4
' '�il. ' 'AE'Y >," .� �" � .''�p`+:
.
��� .. � ' . . � . . . � � t�
� �
� �,. . � � � �" � , e,
�
�� F r�� ` '� ;� �� ,:'� "���, 7; ..l^ ,. �� . .�, �.
' - �4 . � �,�' "�" �ea-yr � , '�•
�°��� ��� �,..� _. ° . � � a a G�g;,9' � � � �.„ "5A i� /t} . .. ���
,�i A ma a>�r �' xn, LX jy t
� "��' ,� i�� , "�� ����,.���� � ���� � � ,� � �°
�_:.. .. ,�' � ��� s��v' �.: ks,F,��":� ,c'°,g h�4 �.x �+ d,q . �;, �; E"�
'� � , i � ,� t�k � � �r�x�a.� *����� �, �, '_ � � : ,
��z � y ��
_
' ' , � � �
� ' } � �����?� a � �. �� ' � �s � �,E
. � i+ � �s� � � �a � u� '�,� v ^E
� ��,
c � � � a � ��� � ' �� �t � �� �� a�4
'o �� . .. � ��+�.��,�� ,
�_ �����sk�P E ri "�,� .�.. ,���'»�, r 7�. � � ,s
� i g i� � ,�
� �y� _,�, ,_ ' s .
�a . �§�s( b �.�'��� �" .
�,> y e � . .< ',
, �
� .� '. ^��aps ;:' "�,�� ���� §i;1 � I . " . �'�,.,- A!,�i� ��
� � ��, KX �
a� � � s � �a^�
'� •� � ,��_ �����s���� � ,�a� � �
� �; '. _° �� �� ����- � '� ' ��� � � +� , �
��� � ��� � �; , ��� � �� � ��� ����i �� � � �F� �
� �� � �t a� �� � . '=�t.;
.
� �: � ,
�� � ?�� � � � � ��.,� ���;:�:"`"d , � r�, `a �;
�
� ,. �; —
'��'� � � � S
� .��,� � « ,
>, ^
�. v��� �_ ��, � „t .
_
, '€� �^ . , . °""e �`� `6' ,.<.� . i� y -- ��c . a xr �- ..�
� �
,
nff , � �
w�a.�a..., ,..,.. ... . -:a��:,,.-....�. .� - � �"�
.;. m s..., ... . ..«„_., ,,..,,, � ., ,,., .,, , � �.,�,�:�e w, ,w.,�.��.:.�.a . �
+ a°`
.w,.a . a,.,.7�,..,�w�,,,q�.�.��;,,. ......,, _„ , F�.,, ..
,,,., .,> -a,;� :� �.�'. <":_� ,��,.... , ...�.. ., �,,�� �
`�, ,4,�. . .��, ' - 9I1�) :, ; „, ,..
.. ... `,. ... .. . �� . . . . .. �� . . <.
wn
�t,k
�
.e,�,.e . . . "e K"`'. ' 5���., o'�3M � «!(»��..°&?6 .a,°" ..
�.. —._ . . . .. .... . . ."u,. w.z.*s��.0 �o...��'m�"mn 0.b.eu�sx.,..a.+�'a�4k.��'e�a-"�m`�a..YM1e4kW:T'..n
, ,� • � • . �
. ��
��� ��� � � � •
• b %r �y , � � � •
I• �`� , y ry�� . N
.:��;aE�;::.✓'
�. • - ''. 11 1/ --
�...�: