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HomeMy WebLinkAboutC29280 - Const of the Citywide Drywell Rmvl PrjctCITY OF PALM DESERT PUBLIC WORKS DEPARTMENT STAFF REPORT REQUEST: Award Contract No. C 2928o for Construction of the Citywide Drywell Removal Project to Tri-Star Contracting II, Inc., of Desert Hot Springs, California, in the Amount of $66,457.00 (Project No. 500-10) SUBMITTED BY: Mark Greenwood, P.E., Director of Public Works CONTRACTOR: Tri-Star Contracting II, Inc. 15501 Little Morongo Road Desert Hot Springs, CA 92240 DATE: CONTENTS October 22, 2009 CITY COUNCIL AC�ION A�ruovFn ✓ nFrrtEn RECC[VED OTHER Contract Agreement Contractor's Proposal List of Locations Location Map RECOMMENDATION: By Minute Motion: Mf�,ETING DATF, %�% � �� ��'� AY � S•�.�c�'i �lf Yl �l�'7/ J�! � CrYX'/!�� i�G . Nors• a/� �-�r'z`.��13�n � �a�i�i?ti� � � Ai3�iTAIN: ���7� v�:��e��rn a3��: i��//,�7�i1�"1 C�ri�;i��al on F'ile witt� City Clc�c's �)i'f�cc 1. Award Contract No. C2928o for Construction of the Citywide Drywell Removal Project to Tri-Star Contracting II, Inc. of Desert Hot Springs, California, in the Amount of $66,457.00 (Project No. 500-10); and 2. Authorize the Mayor to execute the subject agreement. Funding is available for this project in the Capital Reserve Account No. 420-4291-433- 4001. DISCUSSION: A drywell is an underground structure that disposes of unwanted water, most commonly nuisance water, by dissipating it into the ground where it merges with the local groundwater. A drywell will continue to function properly as long as the unwanted water will infiltrate the soil. There are numerous drywells within the City of Palm Desert that no longer provide the required drainage capacity to function properly. When this happens, water begins to pond on the roadway causing premature failure of the roadway, potential mosquito breeding, and a maintenance problem. Staff Report Award Contract C29280 to Tri-Star Contracting II, Inc. Page 2 of 2 October 22, 2009 Staff has identified 16 drywells that have exceed their useful lifespan and present a continual maintenance problem while providing no useful functions (see attached map and list of locations). The maintenance of these drywells requires the frequent cleaning and the all disposal of the effluent is considered to be hazardous material. The project went out for bid on September 4, 2009, and on June 4, 2009, sealed bids were opened and read aloud. The following is a summary of the bids received: Contractor Tri-Star Contracting II, Inc. Simon Contracting Contreras Construction Company Earth Sculptures, Inc. JDC, Inc. Genesis Construction Cora Contractors, Inc. Desert Concepts Construction, Inc James A. Shirley Construction, Inc Location Desert Hot Springs, CA Indio, CA Indio, CA Indio, CA Rancho Cucamonga, CA Hemet, CA Palm Desert, CA Palm Desert, CA Yucca Valley, CA Bid Amount $66,457.00 $70,847.50 $85,024.00 $87,188.00 $88,195.00 $91, 777.00 $93,480.00 $104,635.00 $140,680.00 Tri-Star Contracting II, Inc., submitted the lowest responsive bid in the amount of $66,457.00. The bid came in approximately 30% lower than the engineer's estimate. FISCAL IMPACT: With the removal of the drywell there will be no more ongoing maintenance work required, thus reducing expenses. Therefore, staff recommends that City Council award the contract for construction of the Citywide Drywell Removal Project to Tri-Star Contracting II, Inc., of Desert Hot Springs, California, �in the Amount of $66,457.00, and authorize the Mayor to execute the agreement. � Prepared By: � '��� Aaron Kulp, P.E. Associate Engineer � i�� � Ap o al: Paul S. Gibson Director of Finance . y Mar , Director of Public Works ;John M. Wohlmuth City Manager G IPubWorkslStaff Reports1200910ctober 22102 Award Contract to 7ri-Star for Drywell RemovallSR Award Contract to rri-Star 500-10.doc Contract No. C 29280 AGREEMENT THIS AGREEMENT is made and entered into this 22nd day of October, 2009, by and between City of Palm Desert, California, hereafter called "CITY" and Tri-Star Contractinq II, Inc. hereinafter called "CONTRACTOR". WITNESSETH RECITALS: CONTRACTOR has submitted to CITY its Contractor's Proposal for the construction of CITY Project, CITYWIDE DRYWELL REMOVAL PROJECT, PROJECT NO. 500-10, CONTRACT NO. C292so , 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: 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. 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 60 Calendar Days from the Notice to Proceed date to the satisfaction of the Engineer. Contract No. C 292so 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. 2 Contract No. C 29280 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: Signature to be notarized ATTEST BY: TITLE: TITLE: CITY: BY: Signature to be notarized ATTEST BY: TITLE: Mavor of Palm Desert, CA APPROVED AS TO CONTENT: MARK GREENWOOD, P.E. DIRECTOR OF PUBLIC WORKS TITLE: Citv Clerk of Palm Desert, CA APPROVED AS TO FORM: CITY ATTORNEY 3 Contract No. C 29280 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) 0 Contract No. C29280 PERFORMANCE BOND KNOW ALL MEN BY THESE PRESENTS: That whereas the City of Palm Desert has awarded to Tri-Start Contractinq II, Inc. hereinafter designated as the "Principal", a contract for: CITYWIDE DRYWELL REMOVAL PROJECT PROJECT NO. 500-10 CONTRACT NO. C292so 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, Tri-Star Contractina II. 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 Sixtv-Six Thousand, Four Hundred Fiftv-Seven Dollars and No Cents ($66,457.00), 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. 1 Contract No. C 29280 IN WITNESS WHEREOF, identical counterparts of this instrument, each of which shall for all purposes be deemed an original thereof, have been duly executed by the Principal and Surety above named, on this day of , 2009. SURETY : PRINCIPAL : INSURANCE COMPANY and/or AGENT ADDRESS TELEPHONE NUMBER 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) E Contract No. C292so PAYMENT BOND KNOW ALL MEN BY THESE PRESENTS: THAT WHEREAS, the City of Palm Desert (sometimes referred to hereinafter as "Obligee") has awarded to Tri-Star Contractina II, Inc. (hereinafter designated as the "CONTRACTOR"), an agreement dated October 22, 2009 described as follows: CITYWIDE DRYWELL REMOVAL PROJECT, PROJECT NO. 500-10, CONTRACT NO. C 29280 ,(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, Tri-Star Contractinq II, 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, �re 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 Sixtv-Six Thousand, Four Hundred Fiftv-Seven Dollars ($66.547.00), 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. C 292so performed thereunder or the Specifications accompanying the same shall in any way affect its obligations on this bond, and it does hereby waive notice of any such change, extension of time, alteration or addition to the terms of the Contract or to the Specifications. No final settlement between the Obligee and the CONTRACTOR hereunder shall abridge the right of any beneficiary hereunder, whose claim may be unsatisfied. CONTRACTOR and Surety agree that if the Obligee is required to engage the services of an attorney in connection with the enforcement of the bond, each shall pay Obligee's reasonable attorney's fees incurred, with or without suit, in addition to the above sum. IN WITNESS WHEREOF, we have hereunto set our hands and seals this day of , 2009. PRINCIPAL/CONTRACTOR: (Typed Name of CONTRACTOR) By: (Signature) SURETY: (Typed Name of Surety) By: (Signature of Attorney-in-Fact) (Typed Name and Title) The rate of premium on this bond is $ The total amount of premium charged: $ (the above must be filled in by corporate surety). per thousand. IMPORTANT: Surety companies executing bonds must possess a certificate of authority from the California lnsurance Commissioner authorizing them to write surety insurance defined in Section 105 of the California lnsurance Code, and if the work or project is financed, in whole or in part, with federal, grant or loan funds, it must also appear on the Treasury Department's most current list (Circular 570 as amended). THIS IS A REQUIRED FORM. Any claims under this bond may be addressed to: (Name, Address and Telephone No. of Surety) (Name, Address and Telephone No. of agent or representative for service of process in California if different from above) (Typed Name of Attorney-in-Fact) � C - CONTRACTOR'S PROPOSAL CITYWIDE DRYWELL REMOVAL PROJECT PROJECT NO. 500-10 TO: CITY OF PALM DESERT, "CITY" DATE: � C C�V� � � ; /�l-��I BIDDER: `V'� ��-��C�.Y C� lTs\'\�Y(7,C��C��--,��C - "CONTRACTOR" The UNDERSIGNED, "CONTRACTOR", having carefully examined the site and the Contract Documents for the construction of, CITYWIDE DRYWELL REMOVAL PROJECT, PROJECT NO. 500-10, 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 irrevo�able �#fer for �� c�len�?r ��y� after that c�atP. 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. � 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 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 mai,ntaining or construction alternate facilities occasioned by the failure to execute and deliver said documents. Page C-1 1 Mobilization 2 Clear and Grub 3 Traffic Control 4 Curb and Gutter (Type I) 5 Rolled Curb 6 4" PCC Sidevvaik 7 Full Depth Asphalt Concrete 8 Remove inlet / drywell 9 Adjust signal box to grade 10 �rrigation and Landscape Restoration TOTAL BID PRICE LS LS LS LF LF SF SF EA EA LS Page C-2 ' � "���oo °� ��c�or�. c�v 1 � � �D�C�C� � ��D��)d,c�c.� 1 � ������C� $ �`-7i��UL 104 $ �1 ,..,� oU $,�12 U � C� J� 72 $ r�� t�U $ ' �--�.DU 74^v $ (�b r .O(� I �. � ��t� I 41 � ��b� �'�jL'C (� 16 $ � ``t �it�,l�v $3�y �.`� l '��l U(�,��� $ � l�(� �`� � 1 $��1�30 $ ���,���` I � ���-����.�c� l It is understood that the quantities shown hereon, except for those quantities marked "Lump Sum", are estimates and the final payment wiil be based upon the actual work performed, subject to such adjustment and alterations as elsewhere provided herein. 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 $ l..P`.,A�-Icj� . �(� TOTAL AMOUNT BASE BID IN WORDS�IX� I C,� X��r�l>\A��nr1 -�t� �. � N�.� ���o � ��-�� � �� � v��r�l\c�, �r � IN WITNESS WHEREOF CONTRA OR ex cute this proposal as of date set forth on Page C-1: By: � Signatur � Title: � . �� `{' V\� CONTRACTOR State of California ) ) Countyof���l�Y`���c� ) Subscribed and sworn to (or affirmed) before me on this ��� day of ��� �' , -' (month),,;�C�b� (year), by d� vc �n /,�i<�� S , proved to me on the basis of sat�actory evidence to be the person(s) who appeared before me. �' � � �f Signature of Notar��G�/�-� C��-�a(��-� ( ' (Seal of Notary) �` �►Ru c�+a��s Commt�tlon #� 1690l4� � Notary Pub1IC - Caltto�M4 � RiversiM Counf�► � � "�°..�"'" :���;�:�� Page C-3 D— INFORMATION REQUIRED OF BIDDER The bidder is required to supply the following information. Additional sheets may be attached if necessary. (1) �2) (3) (4) Address I�j�1 �_�� \.p ��1�CN(>Y�.C�C�, �-c� U Telephone No. i � � ��5� ��-�c�L� �,.�c�v�- �v� �'��Y��JC����2"Z�II� Type of Firm (Individual, Partnership or Corporation) Corporation organized under the laws of the State of C�-��� p �� c_�� ��� � � (5) Contractor's License No. � L�� �� J Exp. Date � �`?�� —���� ��? Contractor hereby swears ur�der penalty of perjury that this information provided is true and correc . By: � � Title: ��(`���'�1C��P �� Sigr atur � Contractor (6) List �he mes and addresses of all owners of the firm or names and titles of all officers of the corporation: �V� �c�,v���\�� � � . (��� �f�1,'� ��\ ,� �� � v� S �1 �� \�- �Q �r���� � \ (7) �$) �'�� �1C�-�' 111� � _ C' �l (� �( � �; �,� �. C' ��--�� Number of years' experience as a Contractor in construction work rZ �D � h�YS v List at least three similar projects compteted recently: Contract Amount 1. � 3� ,8��-1 L-� 2. �03�,�-i��,- u� 3 �S,S��-1.�� Class of Work V�, (?,�V��r1�;L..Q �c� �u�j_ �1v �ca �v�n�vJ� wwn� �.�`�C'��AC�. � s-�rQ.��- t vv�qrt�vc��nk Date Completed Name, Address & Telephone No. of Owner � �� � c. ` vv� �rl�v�c�J I I � 2c�c�� �� ��,�, c�� zz �? c--� � u� �\2_ �����3 L���G l��`l�- �l� �lY\C�S l 1 ,, c�.s�ls �� rs�n �lv� � � �`ZC�C��S � �v �-��� S��,Y�c�p c �'� 122��u ��`lco�`�2`j-lnl fl ��ru'�+.��\A�f (��\ ���s�hq � �c.`� ��icti� �1�� �v���1�Q�� � � 2 C��-� �., �,� ����� C�,�`�3��� -��rs� 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: 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: (10) List the name of the person who inspected the site of the proposed work for your firm ��il_1�v������ \� (11) A financial statement or other information and references sufficiently comprehensive to permit an appraisal of your current financial condition may be required by the City. Page D-2 E — NON-COLLUSION AFFIDAVIT To be Executed by Bidder and Submitted with Bid STATE OF CALIFORNIA ) ) SS COUNTY OF��VC� VS1�iA. ) ��fl�� �V\������ � , being first duly sworn, deposes and says that(k�/she is �r(��`��� P Yr-� of 1 v�� c�� ��(�'i �� 1,�� the party making the foregoing bid; that the bid is not made in the interest of, or on behalf of any undisclosed person, partnership, company, association, organization, or corporation; that the bid is genuine and not collusive or sham; that the bidder has not directly or indirectly induced or solicited any other bidder to put in a false or sham bid, and has not directly or indirectly colluded, conspired, connived, or agreed with any bidder or anyone else to put in a sham bid, or that anyone shall refrain from bidding; that the bidder has not in any manner, directly or indirectly, sought by agreement, communication, or conference with anyone to fix the bid price of the bidder or any other bidder, or to fix any overhead, profit, or cost element of the bid price, or of that of any other bidder, or to secure any advantage against the pubic body awarding the contract of anyone interested in the proposed contract; that all statements contained in the bid are true; and, further, that the bidder has not, directly or indirectly, submitted his or her bid price or any breakdown thereof, or the contents thereof, or divulged information or data relative thereto, or paid, and will not pay, any fee to any corporation, partnership, company, association, organization, bid depository, or to any ber or agent thereof to effectuate a collusive or sham bid. By: Signatu e � Title: � C��->��.'V\� CONTRACTOR State of Calif,S�rnia County of �S; v�r5� � Subscribed and sworn to (or affirmed), before me this �� day of �C�i��� (month), 20 (7 1 (year), by �r2rj.�n �i l�i S „ proved to me on the basis of satisfactory evidence to be'the person who appeared before me. � Si nature of Not �/ ���, �-���JL���' 9 rY � County and State Page E-1 Notary Public in and for said � �...... al ofl�tt��+w�� comn�won • �e�o�u � �r r++a�c • can�n+to � w � "��C��� F — BIDDER'S BOND To Accompany Proposal KNOW ALL MEN BY THESE PRESENTS, That we, TRI-STAR CONTRACTING II, zNc. as principal, $�j(j DEVELOPERS SURETY AND INDEMNITY COMPANY 3S SUi@�/, are held 'cillC� firmly bound unto the City of Paim Desert in the sum of $ Ten Percent** (10% of bid) to be paid ta 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 CONDITION OF THIS OBLIGATION IS SUCH, that if the certain proposal of the above bounden principal to perform certain work described as €ollows; The general items of work to be done hereunder consist of: mobilization; clearing and grubbing; grading for flow line improvements; curb and gutter; sidewalk; asphalt concrete pavement; removal of PCC, asphalt concrete pavement, and aggregate base in deteriorated areas (unclassified excavation); landscaping and irrigation retrofit; and instaflation and maintenance of traffic control devices required during construction of the improvements a�d ali appurtenant work as required by the plans and specifications. and dated October s, z o 0 9 is accepted by the City of Paim Desert, and ifthe above bounden princlpal TRI-STAR CONTRACTING II, zNc. shall duly enter into and execute a contract for such constructian, and sha[I execute and deliver the Performance Bond and Payment Bond and �nsurance certificates as required by said contract, then khfs obligatian shall become null and void; otherwise it shall be and remain in ful{ force and effect. 5hould it become necessary for ihe City io institute a lawsuit, or any other legal proceeding to enforce the terms and conditions of this bond, then all costs of said pmceeding, inc{uding attorney's fees, shall be awarded to the prevailing party. Page F-1 *(lOg) of the Total Amount of the Bid IN WI7NESS WHEREO�, We hereunto set our Hands and Seals this stn day d� October �� 09 COIlti8Ct0�5 NaR1E: TRI-STAR�ONTRA TIDl; II, IN . Gantractor's Signature: %� Title: �� `� � -E-' Y1 � Address: 15-501 Little Moron Roa�i� Desert Hot Springs, California 92240 7elephon�; i760) 398-9222 ti Surety's Name: D LOPERS SURETY AND INDEMNITY COMPANY` Suret 's SI nature���� /� �!' l Y 9 ! Diane M Nielsen Title; Attnma�� in fa�t Address: �$oo south Elati street, suite �oo, Littleton, colorado Tel�phone: __c3os� zzs-ao3o Page F-2 STATE OF CALIFORNIA } COUNTY OF RIVERSIDE ON /���d�7 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. WITNESS my hand and official seal. Signatur : ���/ ��� i da Rocha, Notary , BEFORE ME, LINDA ROCHA, Notary Public UNDA ROCHA '"" � Commission # 1777932 Z;-m r� Notary Public - California � _ � • Riverside County � � My Corrxn. E�k� hlov 23, 2011 � ALL PURPOSE ACKNOWLEDGMENT POWER OF ATTORNEY FOR DEVELOPERS SURETYAND INDEMNITYCOMPANY INDEMNITY COMPANY OF CALIFORNIA PO Boz 19725, IRVINE, CA 92623 (999) 2633300 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 appoinC ***Ann Wiilard, 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 behaff of said corporations, as sureties, bonds, undertakings and contracts of sureiy- 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 connecti�n therewith as each of said corporafions could do, but resenring to each of said carporations fuli power of substihrtion and revocation, and ail of the acts oi said Attwney(s)-in-Fact, pursuant io these presents, are hereby ratified and confirmed. This Power of Attomey is granted and is signed by facsimile under and by authority of ihe foliowing resolutions adopted by the respective Board of Directors of DEVELOPERS SURETY AND INDEMNIiY COMPANY and INDEMNITY COMPANY OF CALIFORNIA, effective as of January 1 st, 2008. RESOLVED, fhat ihe chairman of the Board, the President and any Uce President of the corpore6on be, and that each of them hereby is, authorized to execute Powers of Attomey, quafiiying ihe attomey(s) named in ihe Powers of Attomey to execute, on behalf of the corpora6ons, bonds, undertakings and contracts of suretyship; and that ihe Secretary or any Assistant Secretary of fhe corporations be, and each of them hereby is, authorized to attest tt�e execution of any such Power of Attorney; RESOLVED, FURTHER, that the signatures of such officers may be affaed to any such Power of Attomey or to ar�y certificate relating thereto by facsimile, and any such Power of Attorney or certificate bearing such facsimile signatures shail be valid and binding upon the corporations when so affixed and in the future with respect to any bond, undertaking or contract of suretyship to which it is attached. � IN WITNESS WHEREOF, DEVELOPERS SURETY AND INDEMNITY COMPANY and INDEMNITY COMPANY OF CA�IFORNIA have se��erally caused these presents to be signed by their respecdve Vice President and attested by their respective Assistant Secretary this January 1st, 2D08. ' ��aN M��N� ,� ANO �''' ;� BY� � a�C �•• ......, �'OF, ,, Stephen T. Pate, Senior Vice President By: Charles L. Day, Assistant Secretary State of Califomia County of Orange On January 1st, 2D08 before me, Date personally appeared �POR,qT�..�',�: OCT. : -c 40 : � t936 ,: � Christo�her J. Roach, Notary Public Here Insert Name and Title of the Officer Stephen T. Pate and Chades L. Day Name(s) of Signer(s) who proved to me on the basis of satisfasiory evidence to be the person(sj whose name(s) islare subscribed to the wiihin instrument and acknowledged to me that helshelthey executed Ihe same in hislhedthefr authorized � ���� capaciry(ies), and that by his/hedtheir signature(s) on 1he instrument the person(s), or the entity upon behalf ot which the person(s) acted, executed ihe insWment. � t.�3MM. # f�459�9 � g t�1�1 �$i� �1A p I certify under PENALTY OF PERJURY under the laws of the State of CaCrfomia that the foregoing paragraph is � �� �� n' Vue and correct � b4Y tx�, 6�t�i�s t�' 19+ 2tt11 � „� . . .. � . � �� � WITNESS my hand and offi 'al seai. • " Place Notary Seal Above Signature ��.��� Ch ' er J. Roach CERTIFICATE The undersigned, as Assistant Secretary, of DEVELOPERS SURETY AND INDEMNITY COMPANY and INDEMNfTY COMPANY OF CALIFORNIA, does hereby certiiy that the foregang Power of Attomey remains in fuil force and has not been revoked, and furthermore, that the provisions of the resolutions of the respective Boards of Directors of said corpaations set forth in the Power of Atlomey, are in force as of the date of this Cerfificate. This Certificate is executed in the City of Irvine, Califomia, tl,e 5 th day of Oc tobe r' 2 009 By: �����Tii�� � �-� Albert Hillebrand, Assistant �cretary 10.136D(Wef)(Rev.D7107) CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT bt�.UNA:.t�hit�dc.lNri<v�t�lKt.� <N:ILkY.f+A�'lK.`l•:l:cLl-:CLF-..'4:k>S:h'CLt.Y"Jn.'4:k':l+.C:l%C�S;:kiSK.`CLfu`F�:G(d�'S:ECdGC'v(:F�.faf'�G''4.G.f:Cfv£:F�.�4�.£:f1.C'(�.C:vws:/�..�: v.�-:�K:f�iF:� State of California County of `� i f/tE'.-r� � C��C-- � On � �.i'� �o, Z11�3 '�! Date personally appeared before me, � �� ���f� G �iGtr�cr �'� r�7 �jer� /�l�ce�, f (.� l)l�C Here Insert Name and Title of the icer ��llr=� Name(s) of Signer(s) MARU CN11M4ERS � CommbWon � 1690�48 90 � NMory PubMC - CoNMtMa � Rivrsld� CouMy � IMrCaern.R�Sa���Z010 � who proved to me on the basis of satisfactory evidence to be the person� whose name(� is/� subscribed to the within instrument and acknowledged to me that he/sl'(e/t�y executed the same in his/h�r/th�`ir authorized capacity(�`j, and that by his/h�r/tkx�.ir signature� on the instrument the persori�a`j, or the entity upon behalf of which the persor+� 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. WITN�SS my, hand and official s I. j � � '� �' r C�� � C -��l Place Notar Seal Above Signatur � L�l Y Signatur�lof Notary Public OPTIONAL Though the information below is not required by law, it may prove valuable 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: �� �i (`.t(�E'_'f 5 �(JC _ Document Date: I��/ (n_�7�(.� 9 Number of Pages: � Signer(s) Other Than Named Above: Capacity(ies) Claimed by Signer(s) Signer's Name: �dividual ❑ Corporate Officer — Title(s): ❑ Partner — ❑ Limited ❑ General -�� � ❑ Attorney in Fact • ❑ Trustee Top of thumb here ❑ Guardian or Conservator ❑ Other: Signer Is Representing: Signer's Name: ❑ Individual ❑ Corporate Officer — Title(s): ❑ Partner — ❑ Limited ❑ General ❑ Attorney in Fact ❑ Trustee ❑ Guardian or Conservator ❑ Other: Signer Is Representing: Top of thumb here ui't=t5,'t%�"L%fSc:1J't%l�"'�1`L'�"�=,�'n-•rr`•r.r_«r=�^F;rFr r�';E=fS�.fi�"a�,."E%C1'��Ci'<-�'�'�%�4._."E;�.r�e��(yY ,�,�"�li.`�%r4'c%Fi`�-�4�"�=1SU4'�`'t%�SC-5�,"E,t�,"u43L%�G'F=f�,"t%U._`E%1S�%�i'Ev0'�=C OO 2007 National Notary Association • 9350 De Soto Ave., P.O. Box 2402 • Chatsworth, CA 91313-2402 • www.NationalNotary.org Item #5907 Reorder: Call Toll-Free 1-800-876-6827 Client#: 8203 2TRISTAR ACORD.M CERTIFICATE OF LIABILITY INSURANCE I 09/30/2009 Y' PRODUCER THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION Desert Empire Insurance ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE Services, inc. LIC # OF09643 HOLDER. THIS CERTIFICATE DOES NOT AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. 77-564 Country Club Drive Palm Desert, CA 92211 INSURERS AFFORDING COVERAGE NAIC # INSURED INSURERA: QBE Sp@CIBI�/ %96� Tri-Star Contracting II, Inc. � iNsuReR s: SeaBright Insurance Company 15563 Telar, Inc. � iNsuReR c: Travelers Prop & Casu Co of Ame 31194 15-501 Little Morongo Road I INSURER D: Desert Hot Springs, CA 92240 I INSURER E: COVERAGES THE 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 WHICH THIS CERTIFICATE MAY BE 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 4DD'L TypE OF INSURANCE POLICY NUMBER POLICY EFFECTIVE POLICY EXPIRATION LIMITS LTR NSRC DATE/MM/DD/YYl DATElMM/DD/YYI /.� GENERALLIABILITY GXG00452 OGIZG/O9 OGIZF>I�O EACHOCCURRENCE $�,OOO,OOO X COMMERCIAL GENERAL LIABILITY � CLAIMS MADE � OCCUR X BI/PD Ded:5,000 GEN'L AGGREGATE LIMIT APPLIES PER: � POLICY n jE � n LOC AUTOMOBILE LIABILITV ANY AUTO ALL OWNED AUTOS SCHEDULED AUTOS HIRED AUTOS NON-OWNED AUTOS DAMAGETO RENTED rrenr.al $5�.��� MED EXP (Any one person) $�j,000 PERSONAL & ADV INJURY $� ,OOO,OOO GENERAL AGGREGATE $Z,OOO,OOO PRODUCTS-COMP/OPAGG $Z,OOO,OOO COMBINED SINGLE LIMIT $ (Ea accident) BODILY INJURY $ (Perperson) BODILY INJURY $ (Per accident) PROPERIY DAMAGE $ (Per accident) I GARAGE LIABILITY � ANY AUTO EXCESS/UMBRELIA LIABILITY � OCCUR ❑ CLAIMS MADE DEDUCTIBLE RETENTION $ B WORKERS COMPENSATION AND EMPLOYERS' LIABILITY ANY PROPRIETOR/PARTNER/EXECUTIVE OFFICER/MEMBER EXCLUDED7 If yes, describe under SPECIAL PROVISIONS below C OTHER Lease/Rent BB1091812 QT6606072C693TIL09 10/01 /09 10/01 /10 01/11/09 01/11/10 DESCRIPTION OF OPERATIONS / LOCATIONS / VEHICLES / EXCLUSIONS ADDED BY ENDORSEMENT / SPECIAL PROVISIONS Job #500-10, Citywide Drywell Removal Project, Palm Desert, CA Certificate holder is named as additional insured per attached. CERTIFICATE HOLDER City of Palm Desert 73510 Fred Waring Dr. Paim Desert, CA 92260-2578 � AUTO ONLY - EA ACCIDENT $ OTHER THAN � ACC $ AUTO ONLY: qGG $ EACN OCCURRENCE $ IAGGREGATE $ I $ I $ $ X WC STMITS I I�ER E.L. EACH ACCIDENT $� �OOO�OOO I E.L. DISEASE - EA EMPLOYEE $'I,OOO,OOO E.L. DISEASE - POLICY LIMIT $� �OOO�OOO Limit - $250,000 Spec Form Incl Theft, R $1,000 Ded CANCELLATION 10 Days for Non-Payment SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, THE ISSUING INSURER WILL ENDEAVOR TO MAIL � DAYS WRITTEN NOi10E TO THE CERTIFICATE HOLDER NAMED TO THE LEFT, BUT FAILURE TO DO SO SHALL IMPOSE NO OBLIGATION OR LIABILITY OF ANY KIND UPON THE INSURER, ITS AGENTS OR REPRESENTATIVES. AUTHORI2ED REPRESENTA7IVE �� � � ACORD 25 (2001/08) 1 of 2 #S141851/M141850 2DNIE a ACORD CORPORATION 1988 POLICY NUMBER: GXG00452 COMMERCIAL GENERAL LIABILITY CG 20 10 07 04 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. ADDITIONAL INSURED - OWNERS, LESSEES OR CONTRACTORS - SCHEDULED PERSON OR ORGANIZATION This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART SCHEDULE Name Of Additional Insured Person(s) Or Organization(s): As required by written contract. If required by your agreement with such Additional Insured, this insurance shall be primary insurance and non-contributory for that Additional Insured. If anyone, other than the Additional Insured, provides similar insurance for the Additional Insured, then this insurance will apply as outlined in SECTION IV-COMMERCIAL GENERAL LIABILITY CONDITIONS, paragraph 4, Other Insurance, subparagraph c., Method of Sharing. The inclusion of one or more Insured under the terms of this endorsement does not increase our limits of liability. Location(s� Of Covered Operations Information required to complete this Schedule, if not shown above, will be shown in the Deciarations. A. Section II — Who Is An Insured is amendedto include as an additional insured the person(s) or organization(s) shown in the Schedule, but only with respect to liability for "bodily injury", "property damage" or "personal and advertising injury" caused, in whole or in part, by: B. With respect to the insurance afforded tothese additional insureds, the following additional exclusions apply: This insurance does not apply to "bodily injury" or "property damage" occurring after: 1. Your acts or omissions; or 2. The acts or omissions of those acting onyour behalf; in the performance of your ongoing operations for the additional insured(s) at the location(s) designated above. 1. All work, including materials, parts or equipment furnished in connection with such work, on the project (other than service, maintenance or repairs) to be performed by or on behalf of th'e additional insured(s) at the location of the covered operations has been completed; or 2. That portion of "your work" out of whichthe injury or damage arises has been put to its intended use by any person or organization other than another contractor or subcontractor engaged in performing operations for a principal as a part of the same project. CG 20 10 07 04 O ISO Properties, Inc., 2004 Page 1 of 1 � Citywide Drywell Removal Project No. 500-10 List of Repair Locations 1 On EI Dorado south of Country Club Dr 10 LF curb and gutter 60 SF of Asphalt Concrete Pavement Remove drywell inlet and drywell and will with 2 sack slurry. 2 On Hovely Lane East, west of Kansas 11 LF curb and gutter 66 SF 4" PCC sidewalk Remove drywell inlet and dryweli and will with 2 sack slurry. 3 76-650 California Ave 13 LF Rolled curb and gutter 9 SF of Landscape Repair Remove drywell inlet and drywell and will with 2 sack slurry. 4 76-804 Oklahoma 20 LF Rolled curb and gutter 16 SF of Landscape Repair Remove drywell inlet and drywell and will with 2 sack slurry. 5 43-769 Virginia 17 LF Rolled curb and gutter 16 SF of Landscape Repair Remove drywell inlet and drywell and will with 2 sack slurry. 6 76-550 California (west of Virginia) 22 LF Rolled curb and gutter Remove drywell inlet and drywell and will with 2 sack slurry. 7 North Side of Avenue of the States North 5 LF curb and gutter 30 SF 4" PCC sidewalk Remove drywell inlet and drywell and will with 2 sack slurry. 8 South Side of Avenue of the States North & South side 5 LF curb and gutter 30 SF 4" PCC sidewalk Remove drywell inlet and drywell and will with 2 sack slurry. 9 Southwest Corner of Hovely Lane East 8� Washington on Hovely Lane 5 LF curb and gutter 66 SF 4" PCC sidewalk Remove drywell inlet and drywell and will with 2 sack slurry. 10 Southwest Corner of Hovely Lane East & Washington on Washington 6 LF curb and gutter 60 SF 4" PCC sidewalk Remove drywell inlet and drywell and will with 2 sack slurry. 11 Washington between Hovely Lane East & Avenue of the States 11 LF curb and gutter 88 SF 4" PCC sidewalk Remove drywell inlet and drywell and will with 2 sack slurry. 12 On Harris at the northwest corner of Harris & Washington 8 LF curb and gutter 36 SF 4" PCC sidewalk Remove drywell inlet and drywell and will with 2 sack slurry. 13 On Washington at the northwest corner of Harris & Washington 7 LF curb and gutter 88 SF 4" PCC sidewalk Remove drywell inlet and drywell and will with 2 sack slurry. Adjust (1) Traffic Signal Lids 14 Washington South of the entrance to Woodhaven Country Club 13 LF curb and gutter 78 SF 4" PCC sidewalk Remove drywell inlet and drywell and will with 2 sack slurry. 15 Northeast Corner of Cook & Country Club on Cook St 11 LF curb and gutter 96 SF 4" PCC sidewalk Remove drywell inlet and drywell and will with 2 sack slurry. 16 On Cook at the Corner of Market 12 LF curb and gutter 104 SF 4" PCC sidewalk Remove drywell inlet and drywell and will with 2 sack slurry. [`[`[`[`[`[`[`[`[`[`[`[`[`[`[`[` FFRREEDD WWAARRIINNGG DDRRWWAASSHHIINNGGTTOONN SSTTEELLDDOORRAADDOO OOAASSIISS CCLLUUBB DDRRVEVEEELLDDOORRAADDOO DDRRCOUNTRY CLUB DRCOUNTRY CLUB DRCOUNTRY CLUB DRCOUNTRY CLUB DRCOOK STCOOK STTFRED WARING DRFRED WARING DRWARNER TRLWARNER TRLWASHINGTON STWASHINGTON STCOOK STCOOK STCOOK STCOOK STCOOK STCOOK STHHOOVVLLEEYY LLNN EEHOVLEY LN EHOVLEY LN EHOVLEY LN EHOVLEY LN E Project Location Map.Project Location Map