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HomeMy WebLinkAboutC30640 Curb Ramp Modified Project Simon Contracting 753-11Contract No. C30640 CITY OF PALM DESERT PUBLIC WORKS DEPARTMENT STAFF REPORT REQUEST: AWARD CONTRACT NO. C30640 FOR CONSTRUCTION OF THE 2011 CURB RAMP MODIFICATION PROJECT TO SIMON CONTRACTING OF INDIO, CALIFORNIA, IN THE AMOUNT OF $88,975.00 (PROJECT NO. 753-11) SUBMITTED BY: Mark Greenwood, P.E., Director of Public Works CONTRACTOR: Simon Contracting P.O. Box 10990 Indio, CA 92202 DATE: April 28, 2011 CONTENTS: Contract Agreement Contractor's Proposal List of Locations Location Map Recommendation By Minute Motion: 1. Award Contract No. C30640 for Construction of the 2011 Curb Ramp Modification Project to Simon Contracting of Indio, California, in the amount of $88,975.00 (Project No. 753-11-); and 2. Authorize the Director of Finance to set aside a 10 percent contingency in the amount of $8,897.50; 3. Authorize the Mayor to execute the subject agreement. Funding is available for this project in General Fund Account No. 110-4312-433-3320, and New Construction Tax Fund Account No. 231-4312-433-3320 - Curb and Gutter / ADA Retrofit. Background 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 the streets adjacent to the curb ramps in this project. Many of the ramps do not comply with ADA standards. This project will bring the ramps into compliance. Staff Report Award Contract C30640 to Simon Contracting April 28, 2011 Page 2 of 2 A call for bids was advertised, and on April 12, 2011, sealed bids were opened and read aloud. The following is a summary of the bids received: Contractor Location Bid Amount Simon Contracting Indio, CA $88,975.00 TSR Construction Rancho Cucamonga, CA $92,400.00 Bravo Concrete Construction Riverside, CA $124,266.40 Simon Contracting submitted the lowest responsive bid in the amount of $88,975.00. The bid came in approximately 11 percent lower than the engineer's estimate. Staff recommends that City Council award the contract for construction of the 2011 Curb Ramp Modification Project to Simon Contracting of Indio, California, in the amount of $88,975.00, and authorize the Mayor to execute the agreement. Fiscal Analysis This is an on -going maintenance activity with no fiscal impact beyond the contract amount. in IWE Ryf Gaylepoject Administrator Mark Gree�wood, P.E. l�// Director of Public Works CITY COUNCIL�TION APPROVED TWIN", 2e��_ RECEIVED-- OTHER_,.,,.._,.,,,.,, Paul S. Gibson, Director of Finance Approval: Jo*M- Wohlmuth, City Manager AYES: f NOES: ABSENTS ABSTAIN: VERIFIED BY: Original on File with City 's of rice G:IPubWorksIPROJECTW53-11 2011 Curb Ramp Modification ProjechSR Award Contract to Simon Contracting 753-11.doc Contract No. C30640 AGREEMENT THIS AGREEMENT is made and entered into this 28th day of Aril, 2011, by and between City of Palm Desert, California, hereafter called "CITY" and Simon Contracting hereinafter called "CONTRACTOR". WITNESSETH RECITALS: CONTRACTOR has submitted to CITY its Contractor's Proposal for the construction of CITY Project, 1. 2011 CURB RAMP MODIFICATION PROJECT, PROJECT NO. 753-11, CONTRACT NO. C30640, 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; 0) The Standard Specifications as modified in other portions of the Contract Documents; (k) The Plans; (1) 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. Contract No. C30640 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. C30640 Release of Retention: The prime Contractor agrees further to release retention payments to each Subcontractor within 30 days after the Subcontractor's work is satisfactorily completed. Any delay or postponement of payment from the above referenced time frame may occur only for good cause following written approval of the City of Palm Desert. 7. Execution of the Agreement by the parties constitutes their agreement to abide by all applicable provisions of the California Labor Code; constitutes contractor's certification that he is aware of the provisions of said Code and will comply with them; and further constitutes Contractor's certification as follows: "I am aware of the provisions of Section 3700 of the California Labor Code which requires every employer to be insured against liability for worker's compensation or to undertake self insurance in accordance with the provisions of that Code, and I will comply with such provisions before commencing the performance of the work of this contract." IN WITNESS WHEREOF the parties hereto have executed or caused to be executed by their duly authorized officials, this Agreement which shall be deemed an original on the date first above written. CONTRACTOR: BY: Signature to be notarized TITLE: CITY: BY: Signature to be notarized TITLE: Mayor of Palm Desert, CA APPROVED AS TO CONTENT: MARK GREENWOOD, P.E. DIRECTOR OF PUBLIC WORKS ATTEST BY: TITLE: ATTEST BY: TITLE: City Clerk of Palm Desert, CA APPROVED AS TO FORM: DAVID J. ERWIN CITY ATTORNEY Contract No. C30640 CONTRACTOR NOTARY ACKNOWLEDGMENT State of California } } SS County of Riverside } On , 20 , before me, , a Notary Public, 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 CITY NOTARY ACKNOWLEDGMENT State of California } } SS County of Riverside } (Seal) On , 20 , before me, , a Notary Public, 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) PERFORMANCE BOND KNOW ALL MEN BY THESE PRESENTS: That whereas the City of Palm Desert has awarded to Simon Contracting hereinafter designated as the "Principal", a contract for: 2011 CURB RAMP MODIFICATION PROJECT PROJECT NO. 753-11 CONTRACT NO. C30640 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 Contracting 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 Eighty-eight Thousand Nine hundred seventy-five and no cents Dollars ($88,975.00), 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. 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 INSURANCE COMPANY and/or AGENT ADDRESS TELEPHONE NUMBER State of California ) County of ) On before me, M. 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) 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 Contracting (hereinafter designated as the "CONTRACTOR"), an agreement dated April 28, 2011 described as follows: 2011 CURB RAMP MODIFICATION PROJECT, PROJECT NO. 753-11, CONTRACT NO. C30640, (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, Simon Contracting 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 Eighty-eight Thousand Nine hundred seventy-five and no cents Dollars ($88,975.00), 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 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: (Typed Name of CONTRACTOR) (Signature) (Typed Name and Title) The rate of premium on this bond is $ SURETY: (Typed Name of Surety) By: (Signature of Attorney -in -Fact) (Typed Name of Attorney -in -Fact) The total amount of premium charged: $ (the above must be filled in by corporate surety). per thousand. IMPORTANT: Surety companies executing bonds must possess a certificate of authority from the California Insurance Commissioner authorizing them to write surety insurance defined in Section 105 of the California Insurance 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) 7 C - CONTRACTOR'S PROPOSAL 2011 CURB RAMP MODIFIACATION PROJECT PROJECT NO. 753-11 CONTRACT NO. C30640 TO: CITY OF PALM DESERT, "CITY" DATE: APRIL 12. 2011 BIDDER: sIMON CONTRACTING "CONTRACTOR" Is The UNDERSIGNED, "CONTRACTOR", having carefully examined the site and the Contract Documents for the construction of, 2011 CURB RAMP MODIFICATION PROJECT, PROJECT NO. 753-11, CONTRACT NO. C30640 hereby proposes to construct the work in accordance with the Contract Documents, including Addenda No(s). for the amount stated in this Proposal. By submitting this Proposal, CONTRACTOR agrees with CITY: 1. That unless withdrawn in person by CONTRACTOR or some person authorized in writing by CONTRACTOR — not by telephone or telegram — before the time specified in the Notice Inviting Bids for the public opening of bids, this Proposal constitutes an 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 IsBidder'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 IsAgreement and deliver the required bonds and certificates of insurance within 10 days after notice of award. If CONTRACTOR fails to execute and deliver said documents, the check or bond is to be charged with the costs of the resultant damages to CITY, including but not limited to publication costs, the difference in money between the amount bid and the amount in excess of the bid which costs CITY to do or cause to be done the work involved, lease and rental costs, additional salaries and overhead, increased interest and costs of funding the project, attorney expense, additional engineering and architectural expense and Page C-1 1-17 D_ El D n 1,' r cost of maintaining or construction alternate facilities 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. �-Ny,�r4^ � �p � �1r f�4 �"p��S �,���M`k. i�C•.�f �S�' "Y` 3� �, v�.Y3'�"y. wE �y" �'5�•,�i�'" 8yy,"�x"rm�+�� ���'. � � ii � •�' y� x�y�v" „,( �� t " ~"1 " 1 Mobilization LS $ $ 3,275.00 3, 275. ad 2 Traffic Control LS 1 $ 3 aoo 00 $ 3, 0i00 • co 3 Clearing and Grubbing LS 1 $ 5;000.©0 $ 4 Install Riverside County Standard EA 3 $ 1,g25.00 $ 403 Case "A" curb ramp Install Riverside County Standard $ $ 5 403 Case "B" or Modified Case "B" EA 31 3, Gl S.oa 51"1 z5.va curb ramp 6 Install 4" thick PCC tie-in sidewalk SF 1,000 $ 5 5 $ 5,2so.00 7 Install 8" thick PCC tie-in spandrel SF 200 $ i a • ao $� 8 Install Truncated Domes and grind EA 17 $ $ lip as necessary -7 5A, eao c2,75c� $ $ $ $ TOTAL BID PRICE $ $S, 975.00 Page C-2 4 r� Lill ■ El 'a, - � The costs of any work shown or required in the Plans and Specifications, but not specifically identified as a Pay Item are included in the related Pay Item(s), and no additional compensation shall be due CONTRACTOR by virtue of CONTRACTOR'S compliance with the Plans and Specifications. TOTAL AMOUNT BASE BID IN FIGURES $ a8l Q7 5 • 00 TOTAL AMOUNT BASE BID IN WORDS E1Etc," `Z`,--to b N.o+yE 9VA-r0A-'.-0 S 6� / IN WITNESS WHEREOF CONTRACTOR executed this proposal as of date set forth on Page C-1: By. , Signat re JON M. ROESSLER Title: CONSTRUCTION MANAGER CONTRACTOR State of California ) County of i1c Subscribed and sworn to (or affirmed) before me on this z ��� day of �, e (month) (Year), bye,., proved to me on the basis of satisfactory evidence to be the person(s) who appeared before me. Signature of Nota 47._ (Seal of Notary) IRENE ORTIZ Commission * 1673835 i • . Notary Public - Calltornis z Riverside County My Comm. Ex Tres Jan 16, 2014 Page C-3 D - INFORMATION REQUIRED OF BIDDER The bidder is required to supply the following information. Additional sheets may be attached if necessary. (1) Address P.O. BOX 1.0990 INDIO, CA 92202 (2) Telephone No. 760- 347-5399 Type Firm (3) of (Individual, Partnership or Corporation) PARTNERSHIP (4) Corporation organized under the laws of the State of CA (5) Contractor's License No. 892995 1Exp. Date 03/31/2013 Contractor hereby swears under penalty of perjury that this information provided is true and orrect. By: " T',', Title: CONSTRUCTION MANAGER Signature JON M. ROESSLER Contractor (6) List the names and addresses of all owners of the firm or names and titles of all officers of the corporation: J. BROUWER INVESTMENTS, INC SOLE GENERAL PARTNER JBCHC LIMITED PARTNERSHIP LIMITED PARTNER D ■ LIJ 4- :J MCC DEVELOPMENT CORPORATION LIMITED PARTNER (7) Number of years' experience as a Contractor in construction work 40 + (8) List at least three similar projects completed recently: Contract Amount Class of Work Date Completed Name, Address & Telephone No. of Owner 1. CITY OF PALM DESERT 55,400 A 1/2010 760-346-0611 �8,700 A 10/2010 CITY OF PALM SPRINGS 3. KB HOME 23,650 A 8/2010 989-578-2796 Ll 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 JON M. ROEssr.ER (11) A financial statement or other information and references sufficiently comprehensive to permit an appraisal of your current financial condition may be required by the City. Page D-2 :1 E -NON-COLLUSION AFFIDAVIT To be Executed by Bidder and Submitted with Bid STATE OF CALIFORNIA ) SS COUNTY OF RIVERSIDE ) JON M. ROESSLER , being first duly sworn, deposes and says that he/§M is CONSTRUCTION MANAGER of SIMON CONTRACTING 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 41 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 4 to effectuate a collusive or sham bid. Signature JON M. ROESSLER Title: CONSTRUCTION MANAGER Is CONTRACTOR State of California County of '', . v ° , W % � 47" Subscribed and sworn to (or affirmed), before me this day of (month), 20 i (year), by :) ('�r,, 0 \, 11,C c ,- ,> � *'r „ proved to me on the basis of satisfactory evidence to be the person who appeared before me. / r Signature of Notaryy:,,Z C (` rl' 11 Notary Public in and for said County and State (seal of notary) IRENE ORTIZ Page E-1 Commission i 1873838 a ` Notary Public - California z = Riverside county My Comm. Expires Jan 16, 2014 F — BIDDER'S BOND To Accompany Proposal KNOW ALL MEN BY THESE PRESENTS, That Wo, Superior Ready Mix Concrete L.P. dba Simon Contracting as principal, and Nationwide Mutual Insurance Company as surety, are held and firmly bound unto the City of Palm Desert In the sum of $ 1.0% of aid amount (10% of bid) to be paid to tho said City or its certain attorney, its successors and assigns; for which payment, well and truly to be made, we bind ourselves, our heirs, executors and administrators, successors or assigns, jointly and severally, firmly by these presents. THE CONDITION OF THIS OBLIGATION IS SUCH, that if the certain proposal of the above bounden principal to porform certain work described as follows: 2011 Curb Ramp Modification Project Project No, 763-11 Contract No, C30640 The general items of work to be done hereunder consist of: mobilization, traffic control, saw -coat of concrete, removal of concrete curb ramp and sidewalk, construction of concrete curb ramps and sidewalk,. and dntod Anril_12. 2011 Is accepted by the City of Palm Desert, and if the above bounden principal ss,pedorReady Mix Congr teL.P. dba Simon contracting shall duly enter Into and execute a contract for such construction, and shall execute and deliver the Performance Bond and Payment Bond and insurance certificates as required by said contract, then this obligation shall become null and void; otherwise it shall be And remain In full force and effect. 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, there all costs of said proceeding, including attorneys fees, shall be awarded to the prevailing party. [Remainder of this page has Intentionally been left blank. Signature blocks are contained on the next page] Page F-1 IN WITNESS WHEREOF, We hereunto set our Hands and Seals this 29th day Of March 2011 Contractor's Name: Contractors S L.P. dba c Title: 3 o" rat . ti Esit, Address: PO BOX 10990, Indio, CA 92202 Telephone: 760.347-5399 Surety's Name: Nationwide Mutual Insurance Surety's Signature: Keith E. Clements V Title: Attorney -in -Fact Address: PO BOX 1820, La Mesa, Ca 91944-1820 Telephone: 800-822-3666 State of ifornia County of On personally appeared Acknowledgment before me, satisfactory evidence to be the persons instrument and acknowledged to me tha authorized capacity(ies), and that by h person(s), or the entity upon behalf instrument. SEE ATTACHED who proved to me on the basis of ose name(s) is/are subscribed to the within t e/they executed the same in his/her/their is/her/t ' signature(s) on the instrument the of which t erson(s) acted, executers the I certify under PENALTY OF PERJURY under the laws of the foregoing paragraph is true and correct. Signature WITNESS my hand and of California that the (Seal) Page F-2 ACKNOWLEDGMENT State of California County of San Diego On March 29, 2011 before me, Diana Kell�Notary, Public, personally appeared Keith E. Clements who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/afe subscribed to the within instrument and acknowledged to me that he/sheAhey executed the same in his/heAhe4 authorized capacity(ies), and that by his/her signature(s) on the instrument the person(s) or the entity upon behalf of which the person() 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. OICI�FFA�� DIANA KELLY NOTARY PUBLIGCALIFORNIA 1[ COMM. NO.1917416 SAN DIEGO COUNTY 91MVY COMM. EXP. DEC.17 201------- j WITNESS my hand and official seal. KNOW ALL MEN BY THESE PRESENTS THAT: Nationwide Mutual Insurance Company, an Ohio corporation Farmland Mutual Insurance Company, an Iowa corporation Nationwide Agribusiness Insurance Company, an Iowa corporation Power of Attorney AMCO Insurance Company, an Iowa corporation Allied Property and Casualty Insurance Company, an Iowa corporation Depositors Insurance Company, an Iowa corporation hereinafter referred to severally as the "Company" and collectively as the "Companies," each does hereby make, constitute and appoint: Keith E. Clements La Mesa, CA 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 undertakings, and other obligatory instruments of similar nature, in penalties not exceeding the sum of Four Million and no/100 Dollars ($4,000,000.00) 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 attorney is made and executed pursuant to and by authority of the following resolution duly adopted by the board of directors of the Company: "RESOLVED, that the president, or any vice president be, and each hereby is, authorized and empowered to appoint attomeys-in-fact of the Company, and to authorize them to execute and deliver on behalf of the Company any and all bonds, forms, applications, memorandums, undertakings, recognizances, transfers, contracts of indemnity, policies, contracts guaranteeing the fidelity of persons holding positions of public or private trust, and other writings obligatory in nature that the business of the Company may require; and to modify or revoke, with or without cause, any such appointment or authority; provided, however, that the authority granted 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." "RESOLVED FURTHER, that such attorneys -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 attorney 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 attorney is signed and sealed under and by the following bylaws duly adopted by the board of directors of the Company. Execution of Instruments. Any vice president, any assistant secretary or any assistant treasurer shall have the power and 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 of the board, the chief executive officer, president, treasurer or 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 WITNESS WHEREOF, the Company has caused this instrument to be sealed and duly attested by the signature of its officer the 11 `" day of August , 2009. u ~ '� ��' 4 Gary A. Douglas, President and Chief Operating Officer of Nationwide Agribusiness Insurance Company ry 9 P 9 9� SEAL= `P i : Sj„ / and Farmland Mutual Insurance Company; and Vice President of Nationwide Mutual Insurance Company, ��; i' .:..�:.•'� AMCO Insurance Company, Allied Property and Casualty Insurance Company, and Depositors Insurance � { �WIL110 Company .4WI`, ACKNOWLEDGMENT � STATE OF IOWA, COUNTY OF POLK: ss o r+ / °••coAronArF ; SEAL /�� SEAL. / On this 1 f day of August, 2009, before me came the above -named officer for the Companies aforesaid, to L me personally known to be the officer described in and who executed the preceding instrument, and he acknowledged the execution of the same, and being by me duly swom, deposes and says, that he is the officer of the Companies aforesaid, that the seals affixed hereto are the corporate seals of said Companies, and the said corporate seals and his signature were duly affixed and subscribed to said instrument by the authority and direction of said Companies. =� �o•'OM� �i� %Ids �L. �.� /J SEALA F SANbYALITZ s v,;SEAL;, t�j��e CaEErE�AEMoEENwEEtnr,exte6 J� Z nM�Nwal i"-Nublf� ��r►`i'� My Commission Expires CERTIFICATE March 24, 2011 I, Kathy R. Richards, Assistant Secretary of the Companies, do hereby certify that the foregoing is a full, true and correct copy of the original power of attorney issued by the Company; that the resolution included therein is a true and correct transcript from the minutes of the meetings of the boards of directors and the same has not been revoked or amended in any manner; that said Gary A. Douglas was on the date of the execution of the foregoing power of attorney the duly elected officer of the Companies, and the corporate seals and his signature as officer 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 WITNESS WHEREOF, I have hereunto subscribed my name as Assistant Secretary, and affixed the corporate seals of said Companies this 29th day of March 20 Assistant Secretary This Power of Attorney Expires 08/11/2012 BDJ 1 (08/09) SUPERIOR READY MIX CONCRETE L.P. DBA SIMON CONTRACTING 1508 W. MISSION ROAD ESCONDIDO, CA 92029 (760) 745-0556, (760) 740-9556 (fax) December 20, 2010 TO WHOM IT MAY CONCERN This letter confirms that the following individuals are authorized to execute bids, contract documents and other documents on behalf of Simon Contracting, a division of Superior Ready Mix Concrete L.P. Jeff Herrington Jon Roessler Roger Wallentine Superior Ready Mix Concrete L.P. By: Its general partner, J. Brouwer Investments, Inc. ypg-�a— By: Arnold Veldkamp, Secretary Curb Ramp Locations 1 Fred Waring at Fairhaven Drive Southwest corner Install Truncated Domes 2 Fred Waring at Fairhaven Drive Southeast corner Case B ram 3 Fred Waring at San Luis Drive Southwest corner Case B ram 4 Fred Waring at San Luis Drive Southeast corner Case B ram 5 Fred Waring at Acacia Drive Southwest corner Case B ram 6 Fred Waring at Acacia Drive Southeast corner Case B ramp 7 1 Fred Waring at COD Southwest corner Install Truncated Domes 8 Fred Waring at COD Southeast corner Install Truncated Domes 9 Fred Waring at San Anselmo Avenue Southwest corner Install Truncated Domes 10 Fred Waring at San Anselmo Avenue Southeast corner Install Truncated Domes 11 Fred Waring at Morning Star Plaza Southwest corner Case B ram - modified 12 Fred Waring at Morning Star Plaza Southeast corner Case B ram - modified 13 73-280 Shadow Mountain Unit A Northwest corner Case B ramp - modified 14 73-280 Shadow Mountain Unit A Northeast corner Case B ram - modified 15 73-280 Shadow Mountain Unit D Northwest corner Case B ram - modified 16 73-280 Shadow Mountain Unit D Northeast corner Case B ram - modified 17 73-316 Shadow Mountain Northwest corner Case B ramp - modified 18 Shadow Mountain at Lupine Northeast corner Case B ram 19 Shadow Mountain at San Pablo Northwest corner Case B ram 20 Shadow Mountain at San Pablo Northeast corner Install Truncated Domes 21 Shadow Mountain at Larkspur Northwest corner Install Truncated Domes 22 Larrea at Prickly Pear Northwest corner Case A ram 23 Larrea at Prickly Pear Northeast corner Case A ram 24 Larrea at Portola Northeast corner Case B ram 25 Larrea at Portola Southeast corner Case B ramp 57 26 Larrea at Lantana Northwest corner Case B ram 27 Larrea at Lantana Northeast corner Case B ram 28 Lantana at El Paseo Southwest corner Case B ram 29 Lantana at El Paseo Southeast corner Case B ram 30 Panorama at Palm Desert Drive South Southwest corner Case B ramp 31 Panorama at Palm Desert Drive South Southeast corner Case A ram 32 Driftwood at Deep Canyon Northwest corner Case B ram 33 Driftwood at Deep Canyon Southwest corner Case B ram 34 1 Driftwood at Shadow Hills Northwest corner Case B ramp 35 Sunset at Abronia Northeast corner Case B ram 36 Sunset at Abronia Southeast corner Case B ram 37 Sunset at Abronia Southwest corner Install Truncated Domes 38 Portola at Old Prospector Southeast corner Case B ramp 39 Portola at Old Prospector Northeast corner Case B ram 40 Portola at Fairway Northeast corner Case B ram 41 Portola at Fairway Southeast corner Case B ram 42 Lantana at Fairway Northwest corner Install Truncated Domes 43 Lantana at Fairway Northeast corner Install Truncated Domes 44 Lantana at Peppergrass Southeast corner Install Truncated Domes 45 Lantana at Peppergrass Northeast corner Install Truncated Domes 46 Lantana at Parosella Southeast corner Install Truncated Domes 47 Lantana at Parosella Northeast corner Install Truncated Domes 48 Lantana at Chicory Southeast corner Install Truncated Domes 49 Lantana at Chicory Southwest corner Install Truncated Domes 50 Lantana at Peppergrass Northwest corner Install Truncated Domes 51 Cook at Santa Fe Trail Southeast corner Case B ram - modified 58 A A PASEO_ ST ms ° °c ^ —SANDpPER 'f VISTA BONITA 7FAI,HAVEN DDR FAIRHAVEN DR^I m f R 9 PLAZA"WAY'�'e< O O I�DONIS�D� p f YER D `P o SIN o~O"`D R V 1FRgVlAO9 E, (" q W NTq r 1 - L jf R a m ,C9C * a 7C OCpn[[D H N ACACUI.DR..._; DR I'mD� FRyYrgRD O OR MONTERE-Y SANALUMNI WA� O s, DE00 �i, SAN 0 z [� D SAN•ANSELMJAVE e SAN f 2 i D IMTEO = IILUMNI'111WM -LDEN'ROD "L N- --i8 D r p AVE 8 D y = t G m > D �'.P—LN-'may rj Q IASPALMAS'AVE� L A Y i H � D uS ALLEY AN'PAOLOAVE FIORES LN LY BURROWEED LN m SAN-PAIOFA'V-SAN-PABLC AVE o uLE - N SIN.Rq •"`�+COTTAGEIN"� _ t O ,fl-AVE��j EL CERCADO i� 8 D RKSPUR'CN �y r � DY y v 5 a o Uq `9 y D m...SgN..Pqu' .OS,AVE A «Y 3 3 [14 � O .✓f y �q`< d\xC = S.o. 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