HomeMy WebLinkAboutC28990 - '09 Curb Ramp Modification (753-09) Contract No. C28990
CITY OF PALM DESERT
PUBLIC WORKS DEPARTMENT
STAFF REPORT
REQUEST: AWARD CONTRACT NO. C28990 FOR CONSTRUCTION OF
THE 2009 CURB RAMP MODIFICATION PROJECT TO SIMON
CONTRACTING OF INDIO, CALIFORNIA, IN THE AMOUNT OF
$55,400.00 (PROJECT NO. 753-09)
SUBMITTED BY: Mark Greenwood, P.E., Director of Public Works
CONTRACTOR: Simon Contracting
P.O. Box 10990
Indio, CA 92202
DATE: January 28, 2010
CONTENTS: Contract Agreement
Contractor's Proposal
List of Locations
Location Map
Recommendation
By Minute Motion:
1. Award Contract No. C28990 for Construction of the 2009 Curb Ramp
Modification Project to Simon Contracting of Indio, California, in the
amount of$55,400.00 (Project No. 753-09); and
2. Authorize the Mayor to execute the subject agreement.
Funding is available for this project in General Fund Account No. 110-4312-433-3320,
Curb and Gutter Maintenance.
Backqround
The Americans with Disabilities Act (ADA) requires that when improvements are made
to streets, the adjacent infrastructure must be brought up to ADA standards. Asphalt
overlays were recently completed on Fred Waring Drive, and in the industrial areas west
of Cook Street (including Merle Drive and Sheryl Avenue) and north of Country Club
Drive (including Park Center Drive and Springfield Lane). Currently, many of the ramps
adjacent to the recently overlaid streets do not comply with ADA standards. This project
will bring the ramps into compliance.
Staff Report
Award Contract C28990 to Simon Contracting
January 28, 2010
Page 2 of 2
A call for bids was advertised, and on January 5, 2010, sealed bids were opened and
read aloud. The following is a summary of the bids received:
Contractor Location Bid Amount
Simon Contracting Indio, CA $55,400.00
Contreras Construction Company Indio, CA $56,025.00
Zeus Construction Palm Desert, CA $56,424.65
Grigolla and Sons Azusa, CA $58,825.00
JDC, Inc. Rancho Cucamonga, CA $69,900.00
Westcon Construction Indio, CA $80,720.00
EBS Concrete, Inc. Corona, CA $94,860.74
Desert Concepts Construction, Inc. Palm Desert, CA $96,850.00
Simon Contracting submitted the lowest responsive bid in the amount of $55,400.00.
The bid came in approximately 35 percent lower than the engineer's estimate.
Staff recommends that City Council award the contract for construction of the 2009
Curb Ramp Modification Project to Simon Contracting of Indio, California, in the amount
of $55,400.00, and authorize the Mayor to execute the agreement.
Fiscal Analysis
The estimated life of curb ramps is more than 40 years. They require virtually no
maintenance. Therefore, there is no on-going fiscal impact.
Prepared By: Departm nt e d:
,,,
;` Y-
Rya Gayle roject Administr or Mark Gree wood, P.E.
Director of Public Works
CITY COUNCILA�70N
APPROVED DENtEI)
Paul S. Gibson, Director of Finance RECEIVED OTHER
MEET G A� ` � �
Ap ovaL
AYES � �� . � � ; , ,�
,� NOES: '
ABSENT:
' ABSTAIN:
VERIFIED BY: � �C`y
Jo M. Wohlmuth, City Manager Original on File with Ci erk's Office
;
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G:IPubWorkslStaff RepoRs120101January 28103 Award Contract to Simon Contracting�or Curb Ramps 753-091SR Awaid Contract to Simon Contracting 753-09.doc
Contract No. C28990
AGREEMENT
THIS AGREEMENT is made and entered into this 28th day of January, 2010, by
and between City of Palm Desert, California, hereafter called "CITY" and Simon
Contractinq hereinafter called "CONTRACTOR".
WITNESSETH
RECITALS:
CONTRACTOR has submitted to CITY its Contractor's Proposal for the construction of
CITY Project,
1. 2009 CURB RAMP MODIFICATION PROJECT, PROJECT 753-09,
CONTRACT NO. C28990, in strict accordance with the Contract Documents
identified below, CITY has accepted said Proposal.
2. CONTRACTOR states that it has re-examined its CONTRACTOR'S Proposal
and found it to be correct, has ascertained that its Subcontractors are properly
licensed and possess the requisite skill and forces, has examined the site and
Contract in accordance with the Contract Documents for the money set forth in
its Proposal to be paid as provided in the Contract Documents.
AGREEMENT:
IT IS AGREED BY THE PARTIES AS FOLLOWS:
1. Contract Documents: The entire contract consists of the following: (a) The
Agreement; (b) The Notice Inviting Bids; (c) The Instruction to Bidders; (d) The
Contractor's Proposal; (e) The Bidder's Bond; (f) The Performance Bond; (g)
The Payment Bond; (h) The General Specifications; (i) The Special Provisions;
(j) The Standard Specifications as modified in other portions of the Contract
Documents; (k) The Plans; (I) Addenda Nos. 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 45 Calendar Days from the Notice to Proceed
date to the satisfaction of the Engineer.
1
Contract No. C28990
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 $1,000.00
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. C28990
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: Mayor of Palm Desert, CA TITLE: Citv Clerk of Palm Desert, CA
APPROVED AS TO CONTENT: APPROVED AS TO FORM:
MARK GREENWOOD, P.E. DAVID J. ERWIN
DIRECTOR OF PUBLIC WORKS CITY ATTORNEY
3
Contract No. C28990
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. C28990
PERFORMANCE BOND
KNOW ALL MEN BY THESE PRESENTS: That whereas the City of Palm Desert has
awarded to Simon Contractinq hereinafter designated as the "Principal", a contract
fo r:
2009 CURB RAMP MODIFICATION PROJECT
PROJECT 753-09
CONTRACT NO. C28990
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, Simon Contractinq 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
Fifty-five Thousand Four Hundred and no cents Dollars ($ 55,400.00), 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. C28990
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)
Contract No. C28990
A - PAYMENT BOND
KNOW ALL MEN BY THESE PRESENTS:
THAT WHEREAS, the City of Palm Desert (sometimes referred to hereinafter as
"Obligee") has awarded to Simon Contractinq (hereinafter designated as the
"CONTRACTOR"), an agreement dated January 28, 2010 described as follows: 2009
CURB RAMP MODIFICATION PROJECT, PROJECT 753-09, CONTRACT NO.
C28990, (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, , the undersigned
CONTRACTOR, as Principal, and a corporation
organized and existing under the laws of the State of , and
duly authorized to transact business under the laws of the State of California, as Surety,
are held and firmly bound unto the City of Palm Desert and to any and all persons,
companies or corporations entitled to file stop notices under Section 3181 of the
California Civil Code, in the sum of Fiftv-five Thousand Four Hundred and no cents
Dollars ($ 55,400.00), 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
Contract No. C28990
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 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 ctaims under this bond may be addressed to:
(Name, Address and Telephone No. of Surety)
(Name, Address and Telephone No. of agent or representative for service of process in
California if different from above)
�
�
C - CONTRACTOR'S PROPOSAL
� 2009 CURB RAMP MODIFICATION PROJECT
PROJECT 753-09
� CONTRACT NO. 28990
TO: CITY OF PALM DESERT, "CITY"
� DATE: � - 5 _ � p
BIDDER: S t ►-�(o�.i. ( rJ�,►T2AGT( �1 CS "CONTRACTOR"
� The UNDERSIGNED, "CONTRACTOR", havin carefull examined
9 y the site and the
Contract Documents for the construction of, 2009 CURB RAMP MODIFICATION
� PROJECT, PROJECT 753-09, CONTRACT NO. 28990, 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 a rees with C
g ITY:
� 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.
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 fimited 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, additiona! engineering and architectural expense and
�
Page C-1
�
�
� cost of maintaining or construction alternate facilities occasioned b th i
y e fa lure to
execute and deliver said documents.
�
� It is understood that the quantities shown hereon, except for those quantities marked
"Lump Sum", are estimates and the final payment will be based upon the actual work
performed, subject to such adjustment and alterations as elsewhere provided herein.
� : . .. : .� ._; �::. � , ; ;
�, ..� ��°��
• „� , • :
, < .;,,. ... . .
�:� � � `
„ . �
� `
� '.� �:�� � ;� � ��',. ~
1 Mobilization LS 1 $ $
� Z�SOD. DO Z�SOD.00
2 Traffic Control LS 1 $ $� oo � �so,o0
� 3 Clearing and Grubbing LS 1 $ $
2,875.o 0 2�d7 5.a o
� 4 Install Riverside County Standard
403 Case "A" curb ramp EA 7 � 1,75°.00 �i2�25o.00
� Install Riverside County Standard
5 403 Case "B" or Modified Case "B" EA 14 $ $
curb ramp 1,�l So.o0 20, 300,o0
� 6 Install 4" thick PCC tie-in sidewalk SF 500 $ $
+1-.?S 2,3�S.00
� 7 Install 8" thick PCC tie-in spandrel SF 500 $ �,oo � 3, 000, o0
8 Install Truncated Domes and grind
� lip as necessary EA 15 $ -tSo.00 � �� �z5e,00
$ $
� $ $
� $ $
TOTAL BID PRICE $
� 55,�00.0!�
�
�
Page G2
�
�
� The costs of any work shown or re uired in the PI
q ans 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 $_ 5�� +�od , o0
TOTAL AMOUNT BASE BID IN WORDS �� FrY �� vE Tt,►ousA-�.►�
� �c��2 d d- Q9�I o 0
� IN WITNESS WHEREOF CONTRACTOR executed this proposal as of date set forth on
Page C-1:
� By�
Signature .
� Title: ��,�, M. +c oess�'-2 �r�sr2� c.-r1o� rl�aAcs�!'L
CONTRACTOR
� State of California )
)
County of p�vers �c•p�. )
� Subscribed and sworn to (or affirmed before me on this - ��
) � day of ._k�, ��'U
(month), . C`�l L' (year), by �;r�r� (�'1 . /�io�-�S �C� �
� , proved to me on the basis of satisfactory evidence to be the person(s)
who appeared before me.
� _
Signature of Notar� C'�' �� , r � `' (Seal of Notary)
�
� u��oarz
Commbaio�#�1631367
� . PlotaY PubHe-CaWonNo
Rlversldo CouMy
My Comm.Expins Jan 16.TQ1
�
� .
�
Page C-3
�
�
� D - INFO
RMATION REQUIRED OF BIDDER
� The bidder is required to supply the foliowing information. Additional sheets may be
attached if necessary.
� (1) Address �o. Sox- �pqq p (r�p�o Cq, `�ZZpZ
(2) Telephone No. ?(�O- 3�1�- 5399
� (3) Type of Firm (Individual, Partnership or Cor oration ��T s
p ) w�c �� P
� (4) Corporation organized under the laws of the State of �,2,��q,
(5) Contractor's License No. 84Z9�1 S Exp. Date 3/3 I � t?
� Contractor hereby swears under penalty of perjury that this infor tam ion provided is true
and correct.
� By� Title: �b� M. �v�56Z,�2� �o�IST 1�'�.6i2
ignature Contractor
� (6) List the names and addresses of all owners of the firm or names and titles of all
officers of the corporation:
� .1. l�Ro�vs�K ItaV�.�T��•�Ts� IN� Sot,.E (��. .4t_ 1-�'�-2.Tni�K
—S$C•E't�' �1 M tT�� �s�2T�.l,E�LS�I t P Ll*w�'tC`C �A-2T�.lt�(Z
� M.C.G �DE�l EC.O P M �11T �..9(Z?O R1�T�D� L�M t Tt—�D �!k{LTr�L yZ
� (7) Number of years' experience as a Contractor in construction work �o
(8) List at least three similar projects completed recently:
� Contract Amount Class of Work Date Completed Name, Address &
Tele hone No. of Owner
� �' �i4v ts Re�fl Co�s�-.
I� DOD� 000 � '�'��j)8 LA Qv�n.t�s,� GA
�
-1 l�0-Z l 7 - !�}�l o
� 2.
C�T`f a� t�Fl�c.,m i�t-s�-21-'
�o, �oo, �oo �t18 g f o`7
?�0 -3ytn- otpl l
� 3� � �Y�t o F �4�,�►a SP�.�N 6 5
Z 5� o00 � � � t D
?Go- 3Z3 - 8Z83
�
�
� 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 .J o� t�' oess i..�-�IZ
� (11) A financial statement or other information and references sufficiently
comprehensive to permit an appraisal of your current financial condifion 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 1�ive,2s�n� )
� J on.+ M- �io�ss��2, , being first duly sworn, deposes and
says that he/she is Cai�gr2�c.'ronl µ, , r�, of_5,,,,�o„� C�,�,,,..�,a�-c.�.�� , the
party making the foregoing bid; that the bid is not made in the interest of, or on behalf of
� any undisclosed person, partnership, company, association, organization, or
corporation; that the bid is genuine and not collusive or sham; that the bidder has not
� directly or indirectly induced or solicited any other bidder to put in a false or sham bid,
and has not directly or indirectly colluded, conspired, connived, or agreed with any
bidder or anyone else to put in a sham bid, or that anyone shall refrain from bidding;
� that the bidder has not in any manner, directly or indirectly, sought by agreement,
communication, or conference with anyone to fix the bid price of the bidder or any other
bidder, or to fix any overhead, profit, or cost element of the bid price, or of that of any
� other bidder, or to secure any advantage against the pubic body awarding the contract
of anyone interested in the proposed contract; that all statements contained in the bid
are true; and, further, that the bidder has not, directly or indirectly, submitted his or her
� bid price or any breakdown thereof, or the contents thereof, or divulged information or
data relative thereto, or paid, and will not pay, any fee to any corporation, partnership,
company, association, organization, bid depository, or to any member or agent thereof
� to effectuate a collusive or sham bid.
� By.
Signatu e
Title:.�oa M.Ro�su�e� ('_��s�T t�162
� CONTRACTOR
� State of CaliforRia ,
County of ��� u N.��'� i<,P�c?-
� Subscribed and sworn to or affirmed befor � - ,
( ), �me this �_ day of _,���i��-�C'�r"cl
(month), 20� (year), by .- ���n Y1�1. hF���(c�r , proved to me on the
� basis of satisfactory evidence to be the person who appeared before me.
,
� Signature of Nota . �/ � �' _,._�� Nota Public in an
County and State " ry d for said
� (seal of notary)
IRENE OR1tZ
� Page E-1 co�,mraaon�r ies�sa�
� Nofory P�Ik-CdNomlo �
-. Rlver�ids Counly
MVCortwn.FxpNe�Jan 16.2Q1
� — BIDDER'S BQND
To Accompany Proposai
KNGW ALL MEN f3Y THESE PRESENTS,
Thai wG,Shperior ReacZy Mix Ccncrete L.P. cma Simcn Ccntracting & Pavinq
3lld Na��W�e Nlutual Insurance Ccmpany as pt'incip�31,
firmly bound uni� the City of Palm Desert in ihe sum of $Ta� P�ce�,t ofiBidarP held �nd
ta be p�id to the said City or its ceriain attorney, its succcssors and �ssigns�for�wfhc.�h
p�yment, wetl and truty to be made, we bind ourse1ves, dur heirs, executors and
��ciministr�tors, succ�ssors or �ssigns, jointly �nd severally, firmly by these presenls,
I-I-IE CONDITION OF 71-II� O�LIGnTION IS SUCH, that ii ihc certain proposaf of the
�b�v� b�unden princip�I to perform cert�in �n,ork de�cribed as folbws:
�1�h�: gener�l items of work to be done hereurlder consist of: mobilization, traffic contrnl,
saw-cut of concrete;, rernov�l of concrete curb rarnp and sidewaik, construr.tion of
concrete curb ramps �nd sidewalk,.
�nd datcd J�azy s, �oio is acce ted by �h� City of Pafm Descrt,
ar�ci if the above bounden princi�al �, simo�n c.mtra�;n°� Pa � �cx'ete L.E.
duly ent�r into and execute a coniract for such cor�struction, and shall executef}anld
delivr:r the Performance Bond and Payment i�and and insur�r7ce certificates as required
hy said contract, then this obfigation shall b�come nulf and v�id; otherw'rs� it shall be
�nd remair� in full forcc �nd effect.
Sha��ld it become nc�cessary for tiie City to institute a I�wsuit, or any other Iega!
proceeding to e��fc�rce ihe terms and conditians of this bond fhen all cosis of said
proceeding, including attorney's fees, sh�ll be awarded to tiie prevailing party,
PagE F-1
W WITNCSS WHFREUF, We hereunto set our H�rids and Seals this _ 22na ��y
p( December ��09
Catttractor's N�tne: su erior Ready Mix Concrete L.P, dba Simon Contracting & Paving
Contr�r,tor's Signafur�::
'�--�---- .. ._ ..,..
'fitle: SQu.__M i�...o���R. � �--
___�_—..�►�sra ���.r.o .����. �-�^_. _...
/�c�dl'@SS: 35905 Dilion Road, Indio, CA 92243
Tel�phane; �60-352-4341 N y�`
�aU►'ety's Namc: Nationwide Mutual Insurance Company
Surety's Siynatu : � _�_ �
Gerrit E, rouwer —---� ��—
�TIC�E'; Attorney-in-Fact
Acidress:po BOX 1820, La Mesa, CA 91944_1820
�('Pi�phonc;: 800-822-3666 �
Page F-2
ACKNOWLEDGMENT
State of California
County of San Diego
On December 22, 2009 before me, Diana Kell ,�Notary Public, personally appeared Gerrit E.
Brouwer who proved to me on the basis of satisfactory evidence to be the person(�}whose
name(s}is/�e subscribed to the within instrument and acknowledged to me that he/�
executed the same in his/��e� authorized capacity(ies), and that by his/�er�ke}�signature(s3
on the instrument the person(s) or the entity upon behalf of which the person{s3 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.
I ,�..: . DIANA KELLY WITNESS my hand and official seal.
*' COMM. #1708726
� s��� NOTARY PUBLIGCAUFORNIA m ���
SAN DiEGO COUNTY n
� My Commission Expires ''
NOVEMBER 21,2010
KNOW ALL MEN BYTI-IESE PRESENTS THAT Nationwide Mutual Insurance Company,a corporation organized underthe laws ofthe
State of Ohio,with its principal office in the City of Columbus,Ohio,hereinafter called ACompany,does hereby make,constitute and
appoint Keith E. Clements Gerrit E.Brouwer Joshua Severson Mafthew Gilmer
each in their individual capacity,its true and lawful Attorney-In-Fact with full power and authority to sign,seal,and execute on its behalf
any and all bonds and undertakmgs and other obligatory instruments of similar nature in penalties not exceeding the sum of
Four Million and no/100 ($4,000,000.00)dollars
and to bind the Company thereby,as fully and to the same extent as if such instruments were signed by the duly authorized officers of
the Company;and all acts of said Attorney pursuant to the authority given are hereby ratified and confirmed.
This Power of Attomey is made and executed pursuant to and by authority of the following resolution duly adopted by the Board of
Directors of the Company,
ARESOLVED,that the President,or any Senior Vice President,Vice President,Resident Vice President or Second
Vice President be,and the same hereby is,authorized and empowered to appoint Attorneys-In-Fact of the Company
and to authorize them to execute any and all bonds,undertakings,recognizances,contracts of indemnity,policies,
contracts guaranteeing the fidelity of persons holding positions of public or private trust,and otherwritings obligatory
in nature which the business of the Company may require;and to modify or revoke,with or without cause,any such
appointment or authority. The authority�ranted hereby shall in no way limit the authority of other duly authorized
agents to sign and countersign any of said documents on behalf of the Company.=
ARESOLVED FURTHER,that such Attomeys-in-Fact shall have full power and authority to execute and deliver any
and all such documents and to bind the Company,subject to the terms and limitations of the power of attomey issued
to them,and to affix the seal of the Company thereto,provided,however,that said seal shall not be necessary for the
validity of any such documents.=
This Power of Attomey is signed and sealed by facsimile under and by the following By-Laws duly adopted by the Board of Directors of
the Company
ARTICLE VIII
Section 10. Execution of Instruments. Any Vice President and any Assistant Secretary orAssistant Treasurer shall
have the power an authority to sign or attest all approved documents, instruments, contracts or other papers in
connection with the operation of the business of the company in addition to the Chairman and Chief Executive
O�cer, President, Treasurer and Secretary; provided, however, the signature of any of them may be printed,
engraved or stamped on any approved document, contract, instrument or other papers of the company.
IN W ITNESS WHEREOF,the said Nationwide Mutual Insurance Company has caused this instrument to be sealed and duly
attested by the signature of its President the 25th day of March,2002.
ACKNOWLEDGMENT
STATE OF lowa •�'��� By
��~��'•+I
COUNTY OF Polk SS � =g���
�•.��`/
��,,."��� President
On this 25th day of March, 2002, before me came the above named President for Nationwide Mutual Insurance Company, to me
personally known to be the o�cer described in and who executed the preceding instrument,and he acknowledged the execution of the
same,and being by me duly sworn,deposes and says,that he is the officer of the Company aforesaid,that the seal affixed thereto is
the corporate seal of said Company,and the said corporate seal and his signature were duly affixed and subscribed to said instrument
by the authority and direction of said Company.
�'� co�+,r.�.b n~�E��a�pes ��t�tG� �e�
�iT� ���"i ,2a zotf
Notary Public
My Commission Expires March 24,2011
CERTIFICATE
I,John F.Delaloye,Assistant Secretary of Nationwide Mutual Insurance Company,do hereby certify that the fore�oing is a full,
true and correct copy of the original Power of Attorney issued by said Company;that the Resolution included therein is a true and
correct transcript from the minutes of the meeting of the Board of Directors duly called and held on the 6th day of SePtember,1967,and
the same has not been revoked or amended in any manner;that said Stephen S.Rasmussen was on the date of the execution of the
foregoing Power of Attorney the duly elected President of Nationwide Mutual Insurance Company and the corporate seal and his
signature as President were duly affixed and subscribed to the said instrument by the authority of said Board of Directors; and the
foregoing Power of Attorney is still in full force and effect.
IN W ITNESS W HEREOF,I have hereunto subscribed my name as Assist�nt Secretary,and affixed the corporate seal of said
Company this 21 st day of December, 2009.
• '�
i r�~,�+�
�.��% �.�
,.�,��:
��
This Power of Attorney Expires Assistant Secretary
Bd 1(04-00) 8-3-11
List of Locations
1 Glenwood Lane at Hovle Lane West Northwest corner
Case "B" ram
2 Glenwood Lane at Hovle Lane West Northeast corner
Install Truncated Domes onl
3 Meadow Lane at Hovle lane West Northwest corner
Case "B" ram
4 Meadow Lane at Hovle lane West Northeast corner
Case "B" ram
5 Sonata Court at Hovle Lane West Southwest corner
Case "B" ramp
6 Sonata Court at Hovle Lane West Southeast corner
Case "A" ram
7 Cook Street at Merle Drive (2 ramps) Southeast corner
Case "A" ram s
8 Cook Street at Merle Drive Northeast corner
Case "A" ram
9 Merle Drive at Ritter Circle Northeast corner
Install Truncated Domes onl
10 Merle Drive at Melanie Place Southwest corner
Install Truncated Domes onl
11 Cook Street at She I Drive Northeast corner
Install Truncated Domes onl
12 Cook Street at She I Drive Southeast corner
Case "A" ram
13 Park Center Drive at West Drivewa Southwest corner
Install Truncated Domes/ Grind Li
14 Park Center Drive at West Drivewa Northwest corner
Install Truncated Domes/ Grind Li
15 Park Center Drive at Sprin field Lane Southeast corner
Case "A" ram
16 Park Center Drive at S rin field Lane Southwest corner
Case "A" ramp
17 S rin field Lane at Buildin "A" Drivewa Southeast corner
Modified Case "B" ramp
18 S rin field Lane at Buildin "A" Drivewa Southwest corner
Modified Case "B" ramp
19 S rin field Lane at Buildin "B" Drivewa Southeast corner
Install Truncated Domes/ Grind Li
20 Garand Lane at East drivewa Northeast corner
Install Truncated Domes onl ,
21 Garand Lane at East drivewa Southeast corner
Install Truncated Domes onl
22 Enfield Lane at Garand Lane Southwest corner
Case "B" ram
23 Garand lane at S rin field Lane Northwest corner
Case "B" ramp
24 Fred Warin at COD entrance Northeast corner
Install Truncated Domes
25 Fred Warin at COD entrance Northwest corner
Install Truncated Domes
26 Fred Warin at alternate COD entrance Northeast corner
Case B ram
27 Fred Warin at alternate COD entrance Northwest corner
Case B ramp
28 Fred Warin at McCallum Theatre entrance Northeast corner
Case B ram
29 Fred Warin at McCallum Theatre entrance Northwest corner
Case B ramp - modified
30 Fred Warin at Acacia Drive Northeast corner
Install Truncated Domes/ Grind Li
31 Fred Warin at Acacia Drive Northwest corner
Case B ram
32 Fred Warin at Adonis Drive Northeast corner
Case B ram
33 Fred Warin at Adonis Drive Northwest corner
Install Truncated Domes
34 Fred Warin at Fairhaven Drive Northeast corner
Install Truncated Domes/ Grind Lip
35 Fred Warin at Fairhaven Drive Northwest corner
Install Truncated Domes/ Grind Lip
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