HomeMy WebLinkAboutC29650 - 2010 Curb Ramp Modification Prjct Contract No. C29650
CITY OF PALM DESERT
PUBLIC WORKS DEPARTMENT
STAFF REPORT
REQUEST: AWARD CONTRACT NO. C29650 FOR CONSTRUCTION OF
THE 2010 CURB RAMP MODIFICATION PROJECT TO
CONTRERAS CONSTRUCTION COMPANY OF INDIO,
CALIFORNIA, IN THE AMOUNT OF $19,525.00 (PROJECT NO.
753-10)
SUBMITTED BY: Mark Greenwood, P.E., Director of Public Works
CONTRACTOR: Contreras Construction Company
P.O. Box 1808
Indio, CA 92201
DATE: May 13, 2010
CONTENTS: Contract Agreement
Contractor's Proposal
List of Locations
Location Map
Recommendation
By Minute Motion:
1. Award Contract No. C29650 for Construction of the 2010 Curb Ramp
Modification Project to Contreras Construction Company of Indio,
California, in the amount of$19,525.00 (Project No. 753-10); 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. An asphalt
overlay was recently completed on Fred Waring Drive. Many of the ramps adjacent to
the recently paved street do not comply with ADA standards. This project will bring the
ramps into compliance.
Staff Report
Award Contract C29650 to Contreras Construction Company
May 13, 2010
Page2of2
A call for bids was advertised, and on April 20, 2010, sealed bids were opened and read
aloud. The following is a summary of the bids received:
Contractor Location Bid Amount
Contreras Construction Company Indio, CA $19,525.00
Simon Contracting Indio, CA $20,925.00
S.J. Grigolla Construction Azusa, CA $22,900.00
DMC Engineering Long Beach, CA $24.524.56
West Coast Structures Riverside, CA $25,111.50
Archuleta Concrete Bermuda Dunes, CA $25,940.00
Atom Engineering Hemet, CA $47,750.00
Contreras Construction Company submitted the lowest responsive bid in the amount of
$19,525.00. The bid came in approximately 22 percent lower than the engineer's
estimate.
Staff recommends that City Council award the contract for construction of the 2010
Curb Ramp Modification Project to Contreras Construction Company of Indio, California,
in the amount of$19,525.00, and authorize the Mayor to execute the agreement.
Fiscal Analvsis
This is an on-going maintenance activity with no fiscal impact beyond the contract
amount.
Prepar By: Depart t e .
� a.
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�;4
Ry Gay , Project Administrator Mark Greenw od, P.E.
,�
Director of Public Works
i
�� '
CtTY COUNCILAC' ON
Paul S. Gibson, Director of Finance APPROVED DFl�TIED
RECEIVED OTHER
Approval: MEET G DA - /�- �'v _
,� % �, AYES �1`I -_ c�SG � /
i -
��j ..�' NOES:
�� ABSENT: ���,L�
n M. Wohlmuth, City Manager ABSTAIN: �
VERIFIED BY: � �'
Original on File with City Cle k's Office
G:IPubWorksIPROJECTS1753-10 2010 Curb Ramp Modi(ication ProjectlSR Award Contract to Contreras Const 753-10.doc
CONTRACT NO. C29650
AGREEMENT
THIS AGREEMENT is made and entered into this 13th day of M�, 2010, by and
between City of Palm Desert, California, hereafter called "CITY" and Contreras
Construction Company hereinafter called "CONTRACTOR".
WITNESSETH
RECITALS:
CONTRACTOR has submitted to CITY its Contractor's Proposal for the construction of
CITY Project,
1. 2010 CURB RAMP MODIFICATION PROJECT, PROJECT 753-10,
CONTRACT NO. C29650, 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 30 Calendar Days from the Notice to Proceed
date to the satisfaction of the Engineer.
CONTRACT NO. C29650
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.
CONTRACT NO. C29650
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; constitufes 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.
(Remainder of this page has intentionally been left blank.
Signature blocks are contained on the next page]
CONTRACT NO. C29650
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: City 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
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. C29650
PERFORMANCE BOND
KNOW ALL MEN BY THESE PRESENTS: That whereas the City of Palm Desert has
awarded to Contreras Construction Company hereinafter designated as the
"Principal", a contract for:
2010 CURB RAMP MODIFICATION PROJECT
PROJECT 753-10
CONTRACT NO. 28990
WHEREAS, said Principal is required under the terms of said contract to furnish
a good and sufficient bond for the performance of said contract:
NOW THEREFORE, WE, Contreras Construction Company 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
Nineteen-Thousand Five-hundred twenty-five and no cents
Dollars ($19,525.00), 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. C29650
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. C29650
PAYMENT BOND
KNOW ALL MEN BY THESE PRESENTS:
THAT WHEREAS, the City of Palm Desert (sometimes referred to hereinafter as
"Obligee") has awarded to Contreras Construction Companv (hereinafter designated as
the "CONTRACTOR"), an agreement dated May 13, 2010 described as follows: 2010
CURB RAMP MODIFICATION PROJECT, PROJECT 753-10, CONTRACT NO.
C29650, (hereinafter referred to as the "Contract"); and
WHEREAS, said CONTRACTOR is required to furnish a bond in connection with said
Contract, and pursuant to Section 3247 of the California Civil Code;
NOW, THEREFORE, we, Contreras Construction Company, 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 Nineteen Thousand Five hundred twenty-five and no
cents Dollars ($19,525.00), 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. C29650
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 claims under this bond may be addressed to:
(Name, Address and Telephone No. of Surety)
(Name, Address and Telephone No. of agent or representative for service of process in
California if different from above)
C — CONTRACTOR'S PROPOSAL
2010 CURB RAMP MODIFICATION PROJECT
PROJECT 753-10
CONTRACT NO. 28990
TO: CITY OF PALM DESERT, "CITY"
DATE: �~� �"` � j�, _` � �
�
BIDDER: �' �;�, ��-Z � 1� ` �; ��CONTRACTOR,�
The UNDERSIGNED, "CONTRACTOR", having carefuliy examined the site and the
Contract Documents for the construction of, 2010 CURB RAMP MODIFICATION
PROJECT, PROJECT 753-10, CONTRACT NO. 28990, hereby proposes to construct
the work in accordance with the Contract Documents, including Addenda No(s). f�r
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 ari 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 shaU obtain all necessary signatures of the governing body, at which time
the contract shall be deemed awarded.
4. To submit to C1TY such information as CITY may require to determine the
Bidder's financial standing experience and to perform the work.
5. That the accompanying certified or cashier's check or Bid Bond constitutes a
guarantee that if awarded the contract, CONTRACTOR will execute the
Agreement and deliver the required bonds and certificates of insurance within 10
days after notice of award. If CONTRACTOR fails to execute and deliver said
documents, the check or bond is to be charged with the costs of the resultant
damages to CITY, including but not limited to publication costs, the difference in
money befinreen the amount bid and the amount in excess of the bid which costs
CITY to do or cause to be done the work involved, lease and rental costs,
additional salaries and overhead, increased interest and costs of funding the
project, attorney expense, additional engineering and architectural expense and
Page C-1
cost of maintaining or construction alternate facilit�es occasioned by the failure to
execute and deliver said documents.
It is understood that the quantities shown hereon, except for those quantities marked
"Lump Sum", are estimates and the final payment will be based upon the actual work
performed, subject to such adjustment and alterations as elsewhere provided herein.
� �` � i�� ��Piu��°�+e n' r n �.4t�ro x r #".�.k� t�
y' ,,� g. r I. � �r ..% ,✓ � z�¢� �, d �..
f � e� z �F
�-- �. . ___ � $ � i � '
1 Mobi{ization LS 1
� �
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, ___ __ �- � �L�t� � , ���-��� °
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, 2 � Traffic Control LS 1 ���$ � �v ;
-
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�_�
____ __�...�_.._._ _.__ ,
3 3 Clearing and Grubbing LS 1 � $ " $ .. °
__ � y ��,�,��� �� ,� `
� Install Riverside County Standard EA 1 : $ $
403 Case "A" curb ramp � �
; ; ��.,� � ��-�� ,
_ �__ _____ �. ____ _ _
Install Riverside County Standard ��
; 5 403 Case "6"or Modified Case "B" EA 7' $ $ �f� .
� � curb ramp a � �-.� t�.�� �-�. �
1 �_� � �
� __... .. _ .._....__...-__...._.-- - - -,-------�---_���.,_.. _
�fi Install 4"��thick PCC tie-in sidewalk ! SF 300 $ $ � � i
� � � ��� �`-�- 'M � � ��, �
7 � Install 8" thick PCC #ie-in spandrel SF����f � 200 � $ �,�, ; $ } �
�.
______ __.___.__ �� _ r �- � ������`� .
�$ Instal{Truncated Domes and grind EA 3 $ ,� $ �''
� lip as necessary E �-- �����. ;
� ,
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$ $ i
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� ........._ ...... ______._ . �� p.__. ._. ��. ..v _�
� TOTAL BiD PRICE $ � �- �... �
_ � l�� .���� . �
Page C-2
The costs of any work shown or required in the Pians 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 $
TOTAL AMOUNT BASE BID IN WORDS
IN WITNESS WHEREOF CONTRACTOR executed this proposal as of date set forth on
Page C-1:
; .
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Sjgnatur�"�. ���-,x ���'�� � . c ,�,�-�-�,-�,�<�- ��
Title: �"���,��� ����'"`
CONTRACTOR
State of Califorr�'a )
County of � `fJ �1�� �� )
`'L-
Subscribed and sworn to (or affirmed) before me�.ra this �'� day of �
� m (month), 2��� (year), by �
, proved to me on the basis of satisfa 'ory evidence to be the person(s)
who appeared before me.
�..
Signature of Notary � ` � (Seal of Notary)
RAMON���DtAZ
Commlaaion#� 178bb46
� -,r' Notcry Publlc-Calliornla �
Riveralde Counfy
_ �CcXnm.Bq�tres.J�c�n 13,2012
Page C-3
D -- INFURMATI4N REQUIRED OF BIDDER
The bidder is required to supply the foflowing information. Additional sheets may be
attached if necessary.
�
(1) Address �� � �� ' � ��� � � �' �£ �-- �'���:�+�`` �
. .� �:. `�-- - �r,��C� , . . , Cv� �.���- -�'`���
(2) Telephone No. -- -- �
� , ,
(3) Type of Firm (Individual, Partnership or Corporation) � �����.,,°�zA��
#
(4) Corporation organized under the laws of the State of ��C` ��G�.�
� � .
(5) Contractor's License No.`��`����' �� Exp. Date �- �� � �.,�C,� �.�
Contractor hereby swears under penalty of perjury that this information provided is true
and correct. � �
' � �
�
By: ����' �,��, � �� Title: �'"}��:��.�`�'���.
Signature - Contractor
(6) List the names and addresses of all owners of the firm or names and titles of all
o�cers of the corporation: r-�
�..Y a �_�� � � � ��Y's������ �`�,,,�..�,�; �' t�l � ��Yl ���`�L�t_.�
��.r �� `�"�' � �, - �e;�
������ .
�,`�4.���c�'.�� ��. ��� �. �, _t�; �. � ��� ��
� �.� �'� � ;� � :� � �} � � _ .
�. , ��-. �- :.-� �
(7) Number of years' experience as a Contractor in construction work �� � �`c'�, �"�
(8) List at least three similar projects completed recently:
_ _ ---_ ._ ... _
Contract Amount � Class of Work ; Date Completed Name, Address &
� � �
_ � Telephone No of Owner
�__ __ _.__ _ �
_ - „a- �
� �;�,. , �.
� � ,� ,, �`� � �,��� � � (�c`u��. - � ���.� ,.,�_�. .,,��=
� � ���`; "� ;� � �` �
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��I �#!� :' �: � ✓ /"'��� � ,...� . . p,�, ;�., � t !�"`�.7 � �� n .,m� ..
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3. ��,.,�-- ��;, �
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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:
r
___. .,_.,.,
�� �
Work to be performed: '` '� �,
Subcontractor's Name: �
License Number:
�
Add ress: �
Telephone:
Work to be performed: �`` � � ���_
�
�
� y.
Subcontractor's Name: �`
� 4
License Number: ''�,
„ �
-
",,� �,
Address: ` `` ��
�� ` r
�z � _�_
,� ���
Telephone:
Work to be perFormed:
(10) List the name of the person who inspected the site of the proposed work for your
firm
(11) A financial statement or other information and references su�ciently
comprehensive to permit an appraisal of your current financial condition may be
required by the City.
Page D-2
E - NON-COLLUSION AFFfDAVIT
To be Executed by Bidder and Submitted with Bid
STATE OF CALIFORNIA )
) SS
COUNTY OF� t"�"���,t ��� )
�.. 4� � 4���� � �,�,�,;����:�c�'� , b 'ng first duly sworn, de oses and
.
says that he/she is ; ���,,�,�,�...-�- „_ of -� c�. . �, '�'� .�t , 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 soficited 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: y�� A` `% ...._ _
Signature m
Title: �'y�,�� a-��...�— -
CONTRACTOR
State of Caiifomia
County of �'r�„�i'��� �--
Subscribed and sworn to (or affirme before me this � day of te � �
(month), 20� (year), by � - �' �' Y.e-, rov d to me on the
basis of satisfactory evidence to be the e son who appeared before me.
Signature of Notary: ' Notary Public in and for said
County and State
(seal of notary)
�� CARLOS DIAZ
Page E-1 Cammisalon# 1785545
Notary Publlc•Caillomla �
_ � Riverslde County
NtyConvn,pxptreeJan 13.2012
F — BIDDER'S BOND
To Accompany Proposal
KNOW ALL MEN BY THESE PRESENTS,
That we, C ontreras C onstruction C o. as principal,
atld D eveloners Suretv and Inde m nity C o m pany � as surety, are held and
firmly bound unto the City of Palm Desert in the sum of$ Ten percent -� ��p% of bid)
to be paid to the said City or its certa(n attomey, 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 TH1S OBLVGATION IS SUCH, that if the certain proposal of the
above bounden principal to perform certain work described as follows:
The general items of work to be done hereunder consist of: mobilization,tra�c control,
saw-cut of concrete, removal of concrete curb ramp and sidewalk, construction of
concrete curb ramps and sidewalk,. �
and dated is accepted by the City of Palm Desert,
and if the above bounden principal C ontreras C onstruction C o. shall
duly enter into and execute a contract for such construction, and shall execute and
deliver the Performance 8ond and Payment Bond and insurance certificates as required
by said contract, then this obligation shall become null and void; otherwise it shail be
and remain in full force and effect.
Should it become necessary for the City to institute a lawsuit, or any other fegal
proceeding to enforce the terms and conditions of this bond, then all costs of said
proceeding, including attorney's fees, shall be awarded to the prevailing party.
�'of the total bid a m ount
Page F-1
IN WITNESS WHEREOF,We hareunto set our Hands and Seals this 8th day
of Anril 20 10. • .
Cohtractor's N�mb: Con cti. o
GontractAr's Signature: ������ ''�°��� � ,��-.��` �� . � C ���� _,
�
._.. . �.; �
Title: �' �`�`� t�-�� �
Address: P.O.Box 1808 Tndio CA 92202
Telephone: 760-347-6070
SUI'9ty's Name: Developers Suretv and Indemnitv Cc?�panv
Surety's Signature: " � �.-�---
TItlB: Diane M. Nielsen, Attorney in Fact
Address: 17780 Fitch #200, Irvine C A 92614
Telephon e: 800-782-1546
Page F-2
State of California
SS.
County of Riverside
On April 19, 2010,before me,Ramon Carlos Diaz(Notary Public),personally
appeazed Enrigue G. Contreras
Personally known to me,or
�proved to me an the basis of satisfactory
evidence
, to be the person(s)whose name(s) is/are
subscribed to the within instnunent and
acknowledged to me that heJshe/they
RAMON CARLOS DUZ� executed the same in his/her/their authorized
Commu�lon#� 178b545 � i �es and that b his/her/their
� -s Notary Publlc-CailtorNa � P�tY� �� Y
= R{veralde County - signature(s)on the insmament the person(s),
�,,�,� i"�'�a�r`'�°`r"�'�3'�0�2 or the entity upon behaif f which the
�������
person(s)acted,execut d the instrument.
WITNESS my hand o�al seal.
� ��
OPTIONAL
Description of Attached Document
Title or Type of Document: Bidder's Bond(Proiect#753-101 Citv Palm Desert _
Document Date: 04/08/10 Number of Pages:
Signer or Other than Name Above:
Signer is Representing:
Capacity(ies)Claimed by Signer
Signer's Name:
Individual
Corporate Officer-Title(s):
Partner-Limited-General
Attomey in Fact
Trustee
Guardian or Conservator
Other
STATE OF CALIFORNIA
}
COUNTY OF RNERSIDE
ON �,� �� Y! � �� �-�f Q ,BEFORE ME, LINDA ROCHA, Notary Public
PERSONALLY APPEARED: Diane M.Nielsen
Who proved to me on the basis of satisfactory evidence to be the person (s)whose name(s)is/are
subscribed to the within instrument& acknowledged to me that he/she/they executed the same in
his/her/their authorized capacity(ies),and that by his/her/their signatures(s)on the instrument the
person(s),or the entity upon behalf of which the persan(s) acted,ezecuted the instrument.
I certify under penalty of perjury under the laws of the State of California that the foregoing
paragraph is true and correct.
.�.�,a.�,�,��a.�.
LINDA ROCHA
WITNESS my hand and official seal. Commlaalon# 1777932�
, Z : Notary PubNc-Ca�torMo �
,�'! Riveralde Counry
-� . ' NNComrnBq�k�esNav23�2011
Signatu e: "'� n,�„��,� �
� inda Rocha,Notary
ALL PURPOSE ACKNOWLEDGMENT
- POWER OF ATTORNEY FOR
DEVELOPERS SURETY AND INDEMNITY COMPANY
INDEMNfTY COMPANY OF CAUFORNIA
PO Box 19725,IRVINE,CA 92623 {949)263-3300
KNOW ALL MEN BY THESE PRESENTS,that as ex�ept as expressy dmited,DEVELOPERS SURETI'AND lNDEMNiTY COMPANY and INDEMNITY COMPANY OF CALIFORNIA,do
each,hereby make,constitule and appoint
***Ann Willard, Diane M. Nielsen, Van G. Tanner, Paul W. Lewis, Sal C. Sandoval, Mathew S. Costello, jointly
or severally***
as lfieir due and Iawfui Adomey(s)-in-Fact,to make,execule,dehver and acknowledpe,for and on behaa of sakl corporatlons,as suredes,bonds,undertakkgs and con7acts of s�ely
ship giving and granting unro said Attomey(s}in-Fact fui power and authoriy to do and to periam every act necessary,reqNsne or proper lo be done in connection thaewNh as each of
said corpaations couid do,but reservin9 to eacA ol said corpora6ons tuN power of wbstitutlon and revxaGon,and aN ot fhe aots ot said Attaney(s}ir�FaU,pursuant to Otese presen4s,
are hereby rattfied and confirmed.
This Power of Allomey is grented and is sigrred by facsimle under and by authaity ot the fdbwing resdudons adopted by ihe respecUve Board of Direclors of DEVELOPERS SURETY
AND INDEA�WIN COMPANY and INDEMNRY COMPANY OF CALIFORN�A,efiective as of January 1st,2008.
RESOLVED,Ihat the chalrtnan oi tlie Baard,the Presidenl and arry Y�ce President M fhe corporadon be,and that each of them hereby Is,authafzed to execute Powers of
Atlomey,quaiffying the attomey(s)named fn fhe Powers of Attomey to axecute,on behalf d tlie corpaa�ons,bonds,undertakings and contracls of wreyship;and Ihat the Seuetary or
anyAssistant Seaetary of the coryorabons be,and each of them hereby is,aufhorized to adest the ettecutlon of arry such Power of Aflomey;
RE50WED,FURTHER,that the signatures ot such officers may be affaed to any such Power otAriomey or to any certificate reladng thereto by facsimMe,and any such
Powa of Attomey or cerfificate bear(ny such facsimpe signalures shali be vaiid and bindirg upon the corporatlons when so af�xed and in the futura with respecl ro any bond,undertaking
or contract of suretyship to which it is attached.
IN WITNESS WHEREOF,DEVELOPERS SURETY AND INDEMNtTY COMPANY and INDEMNITY COMPANY OF CALIFORNIA have se��eraily caused Ihese presenls to be signed by
tlielr respective Vice President and aqested by tl�eir respective Assistard Secrelary tliis January ist,2006.
��I�i��� „.wowa,y,
gy; �,.���AMD�Na V��pPO y�'o
Stephen T.Pate,SenlorYce President ,°'oQ'E"RVOR "�.Fy�s P R O
=q,r'�o �r�°��.� �-a �o �rto9�
=W f �T. �-�5 Z 2 OCT.5 � '*►
By� so� 1936 so= w 1867 �
Charles L.Day,Asststar�SeuetarY �S�+� �D� � C+ ? 'Z
s 7 '.IOWP �i 3� � '4(/FOP�a� �L
'§r3p'"�^�^, 1�
State M CeGforma �*� *
County of Orange
On Januan 1 st,2008 Defwe me, Chdstoaher J.Roach.Notan PubNc
Date Here Insert Name and TiOe oi the Officer
personaliy appeared Stephen T.Pate and Charles L.Day
Name{s)of Slgner(s)
who proved to me on the basis of satisfactory evidence to be fhe persoMs}whose name(s)Islare subsa�ed lo
the witldn insbument and adcnowledged to me that helshdthey execuled the same in htslhedfhek autlwrized
C�J.R�1� capacHy(ies),and that by hisThedtl�eU sipnahxe(s)on the Nistruument the person(s),a Ihe en8ly upon behalf d
which the person(s)acted,executed fhe instrument
o C�MM.#1745939
� �� i cerdfy under PENALTY OF PERJURY under ihe Isws of the SWte of CalHomia lhat the foregofng paragraph Is
true mld corcetL
aonen. 19,2011
WITNESS my hand and 'at seal. .
Piace Notary Seat Abwe Signalure
Ch er J.Roach
CERTIFICATE
The undersigned,as Assistant Seaetary,ot DEVELOPERS SURETY AND INDEMNITY CON�ANY and INDEMNITY COMPANY OF CALlFORNIA,daes hereby certlry
Ihat the foregdrg Prnver oi Attomey remans in tuB force and has not been revoked,and fWthermae,fhat the provisbns of fhe resoluUons of the respecdve Boards af Dtrectors o(said
corporatlons set forM in the Power ot AUomey,are in force as of ihe datc of ihis�C�ertl4cate
This CerGficate is executed in ihe City of irvine,Calitomfa,the�?�deY� �--1.��'7 i i �}'�(�
T�
By:
Aibert HiNebrand,Assisfant eaetary
ID-1360(Wef){Rev.0710�
List of Locations
1 Fred Warin at Warin Plaza east entrance Northeast corner
Case B ram - modified
2 Fred Warin at Warin Plaza east entrance Northwest corner
Case B ram - modified
3 Fred Warin at Warin Plaza west entrance Northeast corner
Case B ramp - modified
4 Fred Warin at Warin Plaza west entrance Northwest corner
Case B ram - modified
5 Fred Warin at Hi hwa 111 Southeast corner
Case A ramp
6 Fred Warin at USA as station Southwest corner
ADA com liant ram er attached drawin
7 Fred Warin at USA as station Southeast corner
ADA com liant ram er attached drawin
8 Fred Warin at To s R Us entrance Southwest corner
Case B ram - modified
9 Fred Warin at To s R Us entrance Southeast corner
Install Truncated Domes
10 Fred Warin at Jiff Lube entrance Southwest corner
Install Truncated Domes
11 Fred Warin at Jiff Lube entrance Southeast corner
Install Truncated Domes
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