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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. ��� �;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 � � � � , ___ __ �- � �L�t� � , ���-��� ° __. _, , 2 � Traffic Control LS 1 ���$ � �v ; - ;'': �� ' �_� ____ __�...�_.._._ _.__ , 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 �-- �����. ; � , ___ _._..__ _W� __..._ ���' � � __��_.._.._...____.- �.�., ___ T $ $ i i _ 1 . ...,,_ .....-..�.... � -'��"�'"-�.`^`�� r t ^ i � t . � . ... ... �.. .._...._ ..,....,. �...�.- .�.._. . _..... ` � ........._ ...... ______._ . �� 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: ; . ��� � »�,� �� � ` � , �= �. B�I: � , � _ ��- 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��. - � ���.� ,.,�_�. .,,��= � � ���`; "� ;� � �` � '` � � ' ..�,�,.� �� � �� � � a � �___ _����.1 , , . r �� ��� �_ � � /�' , _ � ` � ' k ", e n P A,,,�+'� ��--`- � �^ � � � )� � �...� �- � �� � �,,�� ��I �#!� :' �: � ✓ /"'��� � ,...� . . p,�, ;�., � t !�"`�.7 � �� n .,m� .. t�� � � . , _ �� .......�....__....�,_.�_ . ..... .. 3. ��,.,�-- ��;, � . � � , � , �.., � ��� ;� ; � � � � � � �, � � �} �.w �, ! f(`'�����;'�� ���...' -��.�.� � �.,�` '`� ' � �`�.� �. _ `�.�`� ���,.�,-.,. � � �, , , ,. �t.._._._t�._�,>r_. ~��~ _. __ _�. :._m... . .� .. .�. �'._-___.._.__._ 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 . . . ; � �i �. �_. m � . � , . . ; _ ., . < .. ..-. `.fi _ . ... . .. . �..� {_ . 1 . . . . . . � � � z --».,___.....,.. � �. . 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