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HomeMy WebLinkAboutC23110A Highway 111 Sidewalk Improvments 697-05Contract No. C23110A CITY OF PALM DESERT PUBLIC WORKS DEPARTMENT STAFF REPORT REQUEST: AWARD CONTRACT NO. C23110A FOR CONSTRUCTION OF THE HIGHWAY 111 SIDEWALK IMPROVEMENTS TO B & T WORKS, INC. OF WILDOMAR, CALIFORNIA, IN THE AMOUNT OF $526,805 (PROJECT NO. 697-05) SUBMITTED BY: Mark Greenwood, P.E., Director of Public Works CONTRACTOR: B & T Works, Inc. 23905 Clinton Keith Road, Ste.114-351 Wildomar, CA 92595 DATE: December 8, 2011 CONTENTS: Contract Agreement Contractor's Proposal Location Map Recommendation By Minute Motion: 1. Award Contract No. C23110A for Construction of the Highway 111 Sidewalk Improvements to B & T Works, Inc. of Wildomar, California, in the amount of $526,805 (Project No. 697-05); 2. Authorize the Director of Finance to set aside a 10 percent contingency in the amount of $52,680.50; and 3. Authorize the Mayor to execute the subject agreement. Funding is available in the Measure "A" Fund Project Account: 213-4362-433-4001. Background The Highway 111 Sidewalk Improvements will construct sidewalk along the south side of Highway 111 in several places where sidewalk does not currently exist. The project will also modify the traffic signal at Highway 111 and Plaza Way, and fix the dip in the south leg of that intersection. The left turn pocket from westbound Highway 111 to southbound Plaza Way will be widened to a dual left turn pocket and lengthened to increase the efficiency of the intersection. Lastly, a bus turnout will be constructed in eastbound Highway 111 just east of San Pablo Avenue. Staff Report Award Contract No. C23110A to B & T Works, Inc. (Project 697-05) December 8, 2011 Page 2 of 2 The project was advertised and contractors were encouraged to submit bids. Five contractors submitted bids at the November 29, 2011 bid opening. The results are as follows: B & T Works, Inc. Wildomar, CA $526,805.00 DBX, Inc. Temecula, CA $590,000.00 Simon Contracting, Inc. Indio, CA $615,247.50 BW Simmons Calimesa, CA $642,560.00 JDC, Inc. Rancho Cucamonga, CA $790,095.00 B & T Works, Inc., submitted the lowest responsive bid (approximately 15 percent lower than the engineer's estimate). Fiscal Analysis The majority of this project is funded by federal CMAQ funds. The total project cost, which is estimated to be $620,000, must initially be paid by the City. Upon completion of the project, an invoice will be submitted to Caltrans for reimbursement of $618,050 resulting in a net cost to the City of $1,950. If the actual cost of the project exceeds the $620,000 estimate, the additional amount will be paid for by the City. If the project cost is less than the estimate, the City's cost will still be $1,950, and the CMAQ funds will cover the remainder. Prepared By: c Rya ect Administrator Paul S. Gibson, Director of Finance Approval: M. Wohlmuth, City Manager Departmept Oead: Mark Greewood, P.q. Director of Public Wo CITY COUNCILA ON APPROVED DENTED RECEIVED OTHER MEET G_DA t 'CSC") IL)cr vc�} AYES: earn► K, Kvw NOES: ABSENT: ABSTAIN: CD VERIFIED BY: Original on File with Ci lerk's Office AGREEMENT THIS CONTRACT, by and between the CITY OF PALM DESERT, a municipal corporation, herein referred to as "City, and B & T Works, Inc. , herein referred to as, "Contractor." WITNESSETH: In consideration of their mutual covenants, the parties hereto agree as follows: Contractor shall furnish all necessary labor, material, equipment, transportation and services for Project Number 697-05, Contract Number C23110A, Highway 111 Sidewalk Improvements, in the City of Palm Desert, California pursuant to the Invitation to Bid, dated November 7, 2011 , the project Specifications, and Contractor's Bid, dated November 28, 2011 , all of which documents shall be considered a part hereof as though fully set herein. Should any provisions of Contractor's Bid be in conflict with the Notice Inviting Bids, Specifications, or this Contract, then the provisions of said Contract, Specifications, and Invitation to Bid shall be controlling, in that order of precedence. The time frames for construction work shall be in accordance with those specified in the Contractor's Bid. 2. Contractor will comply with all Federal, State, County, and City of Palm Desert Municipal Code, which are, as amended from time to time, incorporated herein by reference. 3. All work shall be done in a manner satisfactory to the City Engineer. 4. Contractor shall commence work after the issuance of a written Notice to Proceed and agrees to have all work completed for Phase 1 within 30 consecutive calendar days, and all work completed for Phase 2 within 60 consecutive calendar days from the dates of Notification to Proceed. 5. In consideration of said work, City agrees to pay Contractor such sums as shall be approved by the City Engineer at lump sums and/or unit prices as stated in the Contractor's Bid, the base consideration of Five Hundred Twenty -Six Thousand Eight Hundred Five dollars ($526,805.00). All payments shall be subject to approval by the City Engineer and shall be in accordance with the terms, conditions, and procedures provided in the Specifications. 6. The Contractor shall not knowingly pay less than the general prevailing rate for per diem wages, as determined by the State of California Department of Industrial Relations and referred to in the Invitation to Bid, to any workman employed for the work to be performed under this contract; and the Contractor shall forfeit as a penalty to the City the sum of Twenty -Five Dollars ($25.00) for each calendar day, or fraction thereof, for such workman paid by him or by any subcontractor under him in violation of this provision (Sections 1770-1777, Labor Code of California). Agreement 7. Concurrently with the execution of this Contract, Contractor shall furnish bonds of a surety satisfactory to City, as provided in said Specifications or Invitation to Bid, the cost of which shall be paid by Contractor. 8. Contractor agrees to indemnify, defend and save City and its officers, agents and employees, any member of the public, 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. 9. Except as otherwise required, Contractor shall concurrently with the execution of this contract, furnish the City satisfactory evidence of insurance of the kinds and in the amounts provided in said Specifications. This insurance shall be kept in full force and effect by Contractor during this entire contract and all premiums thereon shall be promptly paid by it. Each policy shall further state that it cannot be canceled without 30 days unconditional written notice to the City and shall name the City as an additional insured. Contractor shall furnish evidence of having in effect, and shall maintain Workers Compensation Insurance coverage of not less than the statutory amount or otherwise show a certificate of self-insurance, in accordance with the Workers Compensation laws of the State of California. Failure to maintain the required amounts and types of coverage throughout the duration of this Contract shall constitute a material breach of this Contract. 10. Contractor shall forfeit as a penalty to City $25.00 for each laborer, workman, or mechanic employed in the execution of this Contract by said Contractor, or any subcontractor under it, upon any of the work herein mentioned, for each calendar day during which such laborer, workman, or mechanic is required or permitted to work at other than a rate of pay provided by law for more than 8 hours in any one calendar day and 40 hours in any one calendar week, in violation of the provisions of Sections 1810-1815 of the Labor Code of the State of California. 11. In accepting this Contract, Contractor certifies that in the conduct of its business it does not deny the right of any individual to seek, obtain and hold employment without discrimination because of race, religious creed, color, national origin, ancestry, physical handicap, medical condition, marital status, sex or age as provided in the California Fair Employment Practice Act (Government Code Sections Agreement 2 12900, et seq.) Contractor agrees that a finding by the State Fair Employment Practices Commission that Contractor has engaged during the term of this Contract in any unlawful employment practice shall be deemed a breach of this Contract and Contractor shall pay to City $500.00 liquidated damages for each such breach committed under this contract. 12. Contractor also agrees that for contracts in excess of $30,000 and more than 20 calendar days duration, that apprentices will be employed without discrimination in an approved program in a ratio established in the apprenticeship standards of the craft involved (Sections 1777.5 and 1777.6, Labor Code of California). Contractors who willfully fail to comply will be denied the right to bid on public projects for a period of six months in addition to other penalties provided by law. 13. This Contract shall not be assignable by Contractor without the written consent of City. 14. Contractor shall notify the City Engineer, in writing, forthwith when the Contract is deemed completed. 15. In accepting this Contract, Contractor certifies that no member or officer of the firm or corporation is an officer or employee of the City except to the extent permitted by law. 16. Contractor certifies that it is the holder of any necessary California State Contractor's License and authorized to undertake the above work. 17. The City, or its authorized auditors or representatives, shall have access to and the right to audit and reproduce any of the Contractor records to the extent the City deems necessary to insure it is receiving all money to which it is entitled under the contract and/or is paying only the amounts to which Contractor is properly entitled under the Contract or for other purposes relating to the Contract. 18. The Contractor shall maintain and preserve all such records for a period of at least three years after termination of the contract. 19. The Contractor shall maintain all such records in the City of Palm Desert. If not, the Contractor shall, upon request, promptly deliver the records to the City or reimburse the City for all reasonable and extra costs incurred in conducting the audit at a location other than at City offices including, but not limited to, such additional (out of the City) expenses for personnel, salaries, private auditors, travel, lodging, meals and overhead. 20. The further terms, conditions, and covenants of the Contract are set forth in the Contract Documents, each of which is by this reference made a part hereof. [Remainder of this page has intentionally been left blank. Signature blocks are contained on the next page] Agreement 3 IN WITNESS WHEREOF, the parties have executed this Agreement as of the dates stated below. 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 State of California ) County of ) On before me, ATTEST BY: TITLE: ATTEST BY: TITLE: City Clerk of Palm Desert, CA APPROVED AS TO FORM: City Attorney 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 *** End Section *** (Seal) Agreement 4 FAITHFUL PERFORMANCE BOND KNOW ALL MEN BY THESE PRESENTS: THAT the City of Palm Desert, a municipal corporation, hereinafter designated the City, has, on December 8, 2011, awarded to B& T Works, Inc. , hereinafter designated as the Principal, a Contract for Project Number 697-05, Contract Number C23110A, Highway 111 Sidewalk Improvements, and WHEREAS, said Principal is required under the terms of said Contract to furnish a bond for the faithful performance of said Contract: NOW, THEREFORE, we, the Principal, and as Surety, are held and firmly bound unto the City in the just and full amount of Five Hundred Twenty -Six Thousand Eight Hundred Five ($526,805.00) lawful money of the United States, for the payment of which sum well and truly to be made, we bind ourselves, our heirs, executors, administrators, and successors, jointly and severally, firmly by these presents. THE CONDITION OF THIS OBLIGATION IS SUCH, that if said Principal, his or its heirs, executors, administrators, successors, or assigns, shall in all things stand to and abide by, and well and truly keep and faithfully perform the covenants, conditions, and agreements in the said contract and any alterations 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. It is acknowledged that the Contract provides for one year guarantee period, during which time this bond remains in full force and effort. And the said Surety, for value received, hereby stipulates and agrees that no change, extension of time, alteration, or addition to the terms of the 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 work or to the specifications. Said Surety hereby waives the provisions of Sections 2819 and 2845 of the Civil Code of the State of California. [Remainder of this page has intentionally been left blank. Signature blocks are contained on the next page] Faithful Performance Bond IN WITNESS WHEREOF, the Principal and Surety have executed this instrument under their seals this day of , 20 , the name and corporate seal of each corporate party being hereto affixed and these presents duly signed by its undersigned representative, pursuant to authority of its governing body. Principal's Name Principal's Signature Title Address Telephone State of California County of Surety's Name Surety's Signature Title Address Telephone Subscribed and sworn to (or affirmed) before me on this day of (month), (year), by , proved to me on the basis of satisfactory evidence to be the person(s) who appeared before me. Signature of Notary (Seal of Notary) State of California County of Subscribed and sworn to (or affirmed) before me on this day of (month), (year), by , proved to me on the basis of satisfactory evidence to be the person(s) who appeared before me. Signature of Notary *** End Section *** (Seal of Notary) Faithful Performance Bond 2 PAYMENT BOND KNOW ALL MEN BY THESE PRESENTS: THAT the City of Palm Desert, a municipal corporation, hereinafter designated the City, has, on December 8, 2011 , awarded to B & T Works, Inc. , hereinafter designated as the Principal, a Contract for Project Number 697-05, Contract Number C23110A, Highway 111 Sidewalk Improvements, and WHEREAS, said Principal is required to furnish a bond in connection and with said Contract, providing that if said Principal, or any of it or its subcontractors shall fail to pay for any materials, provisions, or other supplies used in, upon, for, or about the performance of the work contracted to be done, or for any work or labor done thereon of any kind, the Surety of this bond will pay the same to the extent hereinafter set forth: NOW, THEREFORE, we, the Principal, and , as Surety, are held and firmly bound unto the City in the just and full amount of Five Hundred Twenty -Six Thousand Eight Hundred Five ($526,805.00) lawful money of the United States, for the payment of which sum well and truly to be made, we bind ourselves, our heirs, executors, administrators, and successors, jointly and severally, firmly by these presents. THE CONDITION OF THIS OBLIGATION IS SUCH, that, if said Principal, 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 Principal and his or its Subcontractors pursuant to Section 13020 of the California Unemployment Insurance Code with respect to such work and labor as required by the provisions of Section 3247 through 3252 of the California 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 Principal 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. Payment Bond No final settlement between the Obligee and the Principal hereunder shall abridge the right of any beneficiary hereunder, whose claim may be unsatisfied. Principal 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, the Principal and Surety have executed this instrument under their seals this day of 120 , the name and corporate seal of each corporate party being hereto affixed and these presents duly signed by its undersigned representative, pursuant to authority of its governing body. Principal's Name Principal's Signature Title Address Telephone State of California ) County of ) Surety's Name Surety's Signature Title Address Telephone Subscribed and sworn to (or affirmed) before me on this day of (month), (year), by , proved to me on the basis of satisfactory evidence to be the person(s) who appeared before me. Signature of Notary *** End Section *** (Seal of Notary) Payment Bond 2 r SECTION 3 - BID E. DX The undersigned, as bidder, declares it has received and examined the Contract Document entitled Fred Waring Traffic Signal Modification at San Pascual and will contract with the City, on the form of Agreement provided herewith, to do everything required for the fulfillment of the contract for said work at the prices and on the terms and conditions herein contained. We have included the following items and agree that they shall form a part of this bid: ' SECTION TITLE Section 3 - Bid Section 4 - Bid Schedule Section 5 - Bid Guaranty Bond Section 6 - Certification of Bidder's Section 7 - Proposed Subcontractors Section 8 - Non Collusion Affidavit Section 9 - Local Agency DBE Information f We acknowledge that the following addenda have been received and have been examined as part of the Contract Documents. rJ Addendum # n, Date Received Initials Attached is a bid guaranty bond as required by Instructions to Bidders, 14.0 Bid Guaranty. Name of Bidder Bidder Telephone Number Bid i sue. "'�r�i+li��► � �sM« 3.1 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 waive any irregularities or 7 informalities contained in a Proposal. 3. That the award of the contract shall be authorized only by the governing body of City; and that a Notice of Award shall constitute a written memorial thereof. 4. To submit to City such information as City may require to determine the Bidder's financial standing, experience, and ability to perform the work. 5. If our bid is accepted, we agree to sign the agreement without qualifications and to furnish the performance and payment bonds and the required evidence of insurance within 14 calendar days after receiving written notice of the award of the contract. 6. We further agree, if our bid is accepted and a Contract for performance of the work is entered into with the City, to so plan work and to prosecute it with such diligence that the work shall be completed within the time stipulated. , r �'bI` T W Name of Bidder Address of Bidder g , Signature of Bidder Contractor's License No./Classification r C !> Title of Signatory License Expiration Date State of California ) County of `r Subscribed and sworn to (or affimd) before me on is day of (month), t b E L (year), by` proved to me on he basis of satisfactory evidence to the pTson(s) who appeared before me. ,11 efl ucz"-4 -e /Jo t2Ci f Y?Vfn r- � �>� V r Signature of Notary (Seal of Notary) *** End Section *** srs:Pa twig Comm tt�2 Bid Notary PWO-1'.dkft 3-2 LIWPPOW, - - - - ---- ttlwnlM tN� t s SECTION 4 - BID SCHEDULE } HIGHWAY 111 SIDEWALK IMPROVEMENTS a CITY PROJECT NO. 697-051 CONTRACT NO. C23110A FEDERAL AID PROJECT NO. STPL 5414(010) City of Palm Desert Department of Public Works 73-510 Fred Waring Drive Palm Desert, CA 92260 To Whom it May Concern: 's Pursuant to the Invitation to Bid, the undersigned hereby proposes and agrees that on award by ° the City under this Bid, and in accordance with the provisions therein stated, to execute a Contract, with necessary bonds, to furnish and install any and all labor, materials, transportation and services for Highway 111 Sidewalk Improvements in accordance with the Plans and Specifications therefore adopted and on file with the City within the time hereinafter set forth and at the prices named in this Bid. Unit prices in each and every case shall represent a true unit price used in preparing the bid schedule totals (Bid Form). Unit prices listed herein shall include material, installation and appurtenant work as is necessary to have the item complete and in place meeting the full intent 4 a of the plans and specifications. Unbalanced unit prices shall be sufficient cause for rejection of the bid. The purpose of the unit pricing is for bid evaluation and changes in the work during } construction. The basis of award shall be the lowest combined price for all base bid area. BASE BID AREA i j ITEM ITEM DESCRIPTION EST UNIT UNIT PRICE ITEM TOTAL NO. CITY (in Figures) (In Figures) DOLLARS DOLLARS 1 Survey and Stakiqq 1 LS $ , t n. oz $ 2 Mobilization 1 LSg$4),�5 :`' �� $ 3 Traffic Control 1 LS 4 Clearingand Grubbing_1 LS$5 Remove Tree (D>16" 5 EA, , " $ 6 Relocate Irrigation Facility1 LS $ �, 4§ . $ n, 7 Unclassified Excavation F 1 LS $ r.� 6, `'r $ 8 Adjust Manhole Frame and Cover to Grade''' 1 EA $ $ � 9 Adjust Steel Plate over Open Channel to Grade 1 EA $ $ 10 Adjust Street Light[Traffic Signal/Electrical Pull Box to Grade 9 EA $ $ 11 Adjust Water Valve Cover to Grade 3 EA Bid Schedule 4-1 046 LO, 12 Asphalt Concrete Pavement 10,550 SF $ $ 13 Type I Concrete Curb and Gutter 550 LF ; (0.40' Max CF) per City Standard ` Drawing No. 102 : 3Te. 14 Type I Concrete Curb and Gutter 40 LF $ $ (6" CF) per City Standard Drawing No. 102 15 Type I Concrete Curb and Gutter 315 LF $ $ (8" CF) per City Standard Drawing No. 102 16 Type II Concrete Curb Only (6" CF) 775 LF $ $ per City Standard Drawing No. 103 / L • r '" / 2 S/tf 17 Concrete Sidewalk per City Standard Drawin No. 104 10,000 SF $ ' °t $�/?� 18 Concrete Curb Ramp per Caltrans 3 EA $ .-� $ Standard Plan A88A, Case A ° ° 7 p o p' r . 19 Concrete Curb Ramp per Caltrans 6 EA $ $ Standard Plan A88A, Case C, with r Retaining Curb - ;r 20 Concrete Curb Ramp per Caltrans 1 EA $ $ Standard Plan A88A, Case F 21 Concrete Curb Ramp per Caltrans 1 EA $ $ Standard Plan A88A, Case CM, `" ` with Retaining Curb -t ,) L J w ; 22 Concrete Curb Ramp per Caltrans 2 EA $ $ Standard Plan A88A, Case B, with J " RetainingCurb 23 Concrete Curb Ramp per APWA 2 EA $ $ Standard Plan 111-4, Type 1, Case D 24 Concrete Curb Ramp per APWA 1 EA $ $ Standard Plan 111-4, Type 2, Case D 25 Concrete Slough Wall per Detail 'A' 725 LF $ $ on Sheet 6 of the plans, H=16" max. 26 Concrete Bus Turnout— 11" thick 1,900 SF $ a 27 Metal Hand Railing per APWA 20 LF $ $ Standard Plan 606-1, Type B ,? c 28 Under Sidewalk Drain per Palm 1 EA $ $ Desert Standard No. 200 3, 0 ' e ` l 29 Median Nose Storm Drain 1 LS $ 5,- 30 Cobble Median (Rock Blanket) 1,200 SF $ Sc $ �, 31 Signing and Striping 1 LS 32 Traffic Signal and Safety Lighting 1 LS $ $ at Highway 111 and Plaza Way S) TOTAL $ 52 z Bid Schedule 4-2 TOTAL AMOUNT OF BID - IN FIGURES: 0 5 �= � 3 TOTAL _AMOUNT OF BID - IN WORDS: crrSc� rf Bid Amount of each of the above Bid Items must be filled in and completed. It is understood that the quantities shown hereon are estimates and the bidder is responsible to verify quantities prior to submitting a bid. Final payment will be based upon actual work performed, subject to such adjustments and alterations as elsewhere provided herein. Bidder must provide a spreadsheet showing that the work items performed by the primary contractor meet or exceed 50% of the contract, excluding specialty items. Specialty work items will be indicated on the Bid Proposal Form with an (S) and would be deducted from the contract amount in determining whether the contractor meets this j requirement. } B : Title: Signature Bidder State of California ) County of ` VJ r ) Subscribed and swom to (or affirmed) before me on tljls '—�.—r -_ day of (month), (year), by (n=`� i . , proved to me on the basis,pf satisfactory evidence to be the person(s) who L appeared before me. _ " --kk4 tub Q C,_l f Signature of Notary,` , x (Seal of Notary) *** End Section *** Notary► t'ma - W" NtiwNy C�emN CaomftWAWhn Ae" Bid Schedule 4-3 SECTION 5 - BID GUARANTY BOND KNOW ALL MEN BY THESE PRESENTS - THAT WE, B&T Works, Inc. acid U.S. Specialty Insurance Company and Srrn , as PRINCIPAL, firmly bound unto the City in the pens( sum of $ as SURETY, are held PERCENT OF THE TOTAL AMOUNT OF THE 81D of the ncipal above said Principal to the City for the ubTEN work described beiOW, for the payment of which serum in atwull by money of the United States, will and truly to be made to the seCied, we bind ourselves, our heirs, executors, adminlstratorand ty to which S said ai as severally, firmly by these presents , jointly and THE CONDITION OF THIS OBLIGATION IS SUCH THAT WHEREAS, the Pri s"omitted the shove mRntioned hM to the City, for certain construMian s fopowa, for which ally (1 has bids arc to be opened at the C' pec ir:ally d _gMhed a. HICHWgY 111 SIDEWALK IMPROVEMENTS Petm Desert, California. CONTRACT NO. C231 i0A FEDERAL TS CITY PROJECT N0.697-Os, NOW, THEREFORE, If the aforesaid Principal lWaro PROJECT ni ndPw14(010) manner required under the specifications, n the time and for signature enters into a written con inthe a prescribed forms are presented to hirWher and tiles two bonds with the City, prescribed form, in accordance with the bid, guarantee y, one to guarantee faithful performance, and the other to Payment for labor and materials as required by law, and provide certificate of Insurance coverage required by the Contract void; Otherwise, it shall be and remain in full force and virtueen this obligation shall be null and IN WITNESS WHEREOF, we have hereunto set our hands on this 22nd November _ 2011. day of 40 1:f uo c=linton Keith Road, Ste. 114-351 Wildomar, CA 92595 Address (951) 775-6617 Telephone U.S. Specialty Insurance Name Melody L. Spaur, Attorney -in -Fact Tide 40960 California Oaks Road, Ste. 203 Murrieta, CA 92562 Address ----� (951) 296-6800 Tee ho Note: Signatures of those executingp ne for the surety must be properly acknowledged. "Sixty -Five Thousand Dollars and No Cent sas ($65,000.00) Bid Guaranty Bond 5-1 POWER OF AORNEY AMERICAN CONTRACTORS LYDEIINITY COAIPAhy UNITED STATES SURRETY COMPANY U.S. SPECIALTY INSURANCE COMPA.YY KNOW ALL MEN BY THESE PRESENTS: That American Contractors Indemnity Company, a California corporation, United States Surety Company, a Maryland corporation and U.S. Specialty Insurance Company, a Texas corporation (collectively, the "Companies"), do by these presents make, constitute and appoint: Karen A. Eby, John A. Ruiz, Melody L. Spaur, or Timothy C. Baker of Temecula, California its true and lawful Attontey(s)-in-fact, each in their separate capacity if more than one is mined above, with full power and authority hereby conferred in its name, place and stead, to execute, acknowledge and deliver any and all bonds, recognizance,, undertakings or other instruments or contracts of suretyship to Include riders, amendments, and consents of surety, pro Penalty does not exceed ""'Three Million***** viding the bond This Power of Attorney shall expire without further action on March 18, 2015. This Power of Atttoorrney is gran ed under and by authority of the following resolutions adopted by the Boards of Directors of the Companies: Be it Resalivd, that the President. any Via -President, any Assistant Vice -President, any Secretary or any Assistant Secretary shall be and is hereby vested with full power and authority to appoint any one or more suitable persons as Attomey(s)-in-Fact to represent read act for and on behalf of the Company subject to the following provisions: dnornep-in-Fact may be given full power and authority for and in the name of and on behalf of the Company, to execute, acknowledge and deliver, any and all bonds, tecognizanecs, contracts, agreements or indemnity and other conditional or obligatory undertakings and any and all notices and documents canceling or terminating the Company's liability thercun dim and any such instruments so executed by any such Attorney -in -Fact shall be binding upon the Company as if si and sealed and effected by the Corporate Secretary. gned try the President Be it Resohwd, that the signature of any authorized officer and seal of the Company heretofore or hereafter affixed to any power of attorney or any certificate relating thereto by facsimile, wul any power of attorney or anificate bearing facsimile signature Or facsimile seal shall be valid and binding upon the Company with respect to any bond or undertaking to nfiich it is attached IN WITNESS WHEREOF, The Companies have caused this instrument to be signed and their cxrrporate seals to be hereto affixed, this 3 I" day of March, 2011. ANrERICAN CONTRACTORS INDEMNITY COMPANY UNITED STATES SURETY COMPAA'Y U.S. SPECIALTY INSURANCE COMPANY Corporate Seals 5�1 ' ( i V, 406% T 0723 SEAL �r + By: 0 — , * Danie�PAgui&larce �Praldc�u State of California County of Los Angeles SS: On this 31" day of March, 2011, before me, Deborah Reese, a rotary public, personally appeared Daniel P. Aguilar, Vice President of American Contractors Indemnity Company, United States Surety Company and U.S. Specialty Insurance Company who proved to me acknowledged to that on the basis of satisfactory evidence to be the person whose name is subscribed to the within instrument and he executed the same in his authorized capacity, and that by his signature on the instrument the pe which the person(s) acted, executed the instrument. rson(,), the entity upon behalf of at 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 �d'2'.Z - ,Ak#v0`14-- (Seal) Ea7 0 ism" aury Paw - CsINolsta to Ceti* WC ttiroa aMir is tell 1, Jeannie J. Kim, Assistant Secretary of American Contractors Indemnity Company, United States Surety Co mpany Specialty Insurance Company, do hereby certify that the above and foregoing is a true and correct copy of a Powerf Attorney, ey, executed by said Companies, which is still in full force and effect; furthermore, the resolutions of the Boards of Directors, set out in the Power of Attorney are in full force and effect. In 1 ' VV f It ve eunto set my hand and affixed the seals of said Companies at Los Angeles, California this day of Corporate Seals 04�/�SEALBondy a�Jeannie J. Kim, Assistant Secretary Agency No. 101t9 CALIFORNIA ALL-PURPOSE ACKNOWLEDGEMENT 1 i' State of Califo � �County Of Y !%i d ! SS. Cn; AIO VL mIPa4efore Me C$<00 #j Personally Appeared Notary Pubic -%,. ,a Notary Public Names) of gigner(s) [x Proved to me on the basis of satisfactory evidence To be the person(s) whose name (e s ! we -subscribed to the within Instrument and ad edged to me that 4he s�he K. A. EBY executed the sam In h /their authorized capp� COMM.# 1804042 z and that by-r�itr er r sl�iature(e}on the Z NOTruKX COMA Instrument the person(e), or the entity upon behalf WAitillplicComm June * ZOt of which the person(* acted, executed the Instrument I certify under PENALTY OF PERJURY under the laws of the State of Caltfomia that the foregoing paragraph Is true and correct. WITNESS my Ih9fid and official. Notary Stamp`�C/% *' Signature of Notary Pub J Lbense Numbl�E* l OPTIONAL Though the Information below is not required by law, it may prove valuable to persons relying on the document and could prevent fraudulent removal and reattachment of this form to another document. Description of Attiiched Document Title our Type of Document: Document Date: Number of Pages Signer(s) Other Than Named Above: Capacity(!es) Claimed by Slgner(s) Signers Name: individual: []Corporate Officer- Title(s): ❑Partner- OLtmited [genera! DAttomey-In-fact Trustee Guardian or Conservator Other. Signer Is Representing Right Thumb Print ofSigner f Right Thumb Print SECTION 5 - BID GUARANTY BOND KNOWiyLL MEN BY THESE PRESENTS: THAT WE, , as PRINCIPAL, and as SURETY, are held and firmly bou d unto the City in the penal sum of $ which represents TEN PERCENT OF\menti AL AMOUNT OF THE BID of the Principal above named, submitted by said Principal tfor the work described below, for the payment of which sum in lawful money of the Utes, will and truly to be made to the City to which said bid was submitted, we lves, our heirs, executors, administrators, and successors, jointly and r severally, firmlypresents. THE CONDITIOOBLIGATION IS SUCH THAT WHEREAS, the Principal has submitted the ati ed bid to the City, for certain construction specifically described as follows, for whice to opened at the City of Palm Desert, California. D Pi ,1 i �i Contractor's Name Contractor's Signature Tide Address Telephone HIGHWAY 111 SIDEWALK IMPROVEMENTS CITY PROJECT NO.697-05; CONTRACT NO. C2311 , FEDERAL AID PROJECT NO. STPL 5414(010) NOW, THEREFORE, if the aforesa Principal is awarded the contract and, within the time and manner required under the specificat ns, after the prescribed forms are presented to him/her for signature enters into a written contact in the prescribed form, in accordance with the bid, and files two bonds with the City, one to\ uarantee faithful performance, and the other to guarantee payment for labor and materia as required by law, and provide certificate of insurance coverage required by the Cont t Documents, then this obligation shall be null and void; otherwise, it shall be and remain in full orce and virtue. IN WITNESS WHEREOF, we have hereunto sour hands on this day of _ .2011. 11�rety`s Name SureW,s Signature Title Address Telephone Note: Signatures of those executing for the surety must be properly Bid Guaranty Bond *** End Section *** 5.1 SECTION 6 - CERTIFICATION OF BIDDER'S EXPERIENCE AND QUALIFICATIONS The undersigned Bidder certifies that he is, at the time of bidding, and shall be, throughout the period of the contract, licensed under the provisions of Chapter 9, Division 3, of the Business and Professions Code of the State of California, to do the type of work contemplated in the Contract Documents. Bidder shall further certify that it is skilled and regularly engaged in the general class and type of work called for in the Contract Documents. The Bidder represents that it is competent, knowledgeable, and has special skills on the nature, extent, and inherent conditions of the work to be performed. Bidder further acknowledges that there are certain peculiar and inherent conditions existent in the construction of the particular facilities, which may create, during the construction program, unusual or peculiar unsafe conditions hazardous to persons and property. Bidder expressly acknowledges that it is aware of such peculiar risks and that it has the skill and experience to foresee and to adopt protective measures to adequately and safely perform the construction work with respect to such hazards. The Bidder shall list below four (4) projects completed in the last seven (7) years of similar size and complexity that indicate the Bidder's experience as a General Contractor. f� 1. Project Name: 1►�''�i�l. J ?.-� 6ry � � � ►=k Owner: �, ©-Y^. r ►� Construction Cost: Construction Time: JA Jtu r* r� Owner's Representative: + _..0 � � � � - �, odV t�L Owner's Telephone No.: ' 1] S Date of Substantial Completion: ` ,0()Ui pp 2. Project Name: f' �`' ► �i4�U , �A `� 91V Owner: Construction Cost: $ Q '- Construction Time: Owner's Representative. Owner's Telephone No.: Date of Substantial Completion: CC G Certification of Bidder's 64 11 i 3. Project Name: C Owner: r 1 l ®� Construction Cost: $ Construction Time: -� 0 1>4. j S Owner's Representative: %�'1 �"�- 11-,4 �411V-+2. Owner's Telephone No.: " 3 V Date of Substantial Completion: 00 t- 4. Project Name:y k� Owner: - Construction Cost: $ Construction Time: Owner's Representative:��� Owner's Telephone No.: ' S 3" y y g J Date of Substantial Completion: u G � (� Signed this i7 day of % 8 U , 2011. Name of Bidder Signature id er �/ 0 Title of Signatory "I'll5i--4 3S LEI T Telephone Contr;130 is License No./Classification ItI License Expiration Date Address S r y — � ` / W�Ido, CIO 9 ) 4 �S *** End Section *** Certification of Bidder's 6-2 + A t SECTION 7 - PROPOSED SUBCONTRACTORS Pursuant to California Public Contracting Code, Section 4100 et. seq., the following list gives the ' name, business address, and portion of work (description of work to be done) for each subcontractor that will be used in the work if the bidder is awarded the Contract. (Additional supporting data may be attached to this page. Each page shall be sequentially numbered, and headed "Proposed Subcontractors" and shall be signed.) The Bidder shall list all subcontractors' who will perform work or labor or render service to the prime contractor in excess of one-half of one percent of the prime's bid. 1. ('o p1, o � � 7 t 491 L'�e�"f' � � 6,4 G� Name of Subcontractor Address 1r ,�(c Work to be Preformed License Number 2. 6r �N wills¢)q-�- CA Name of Subcontractor Address t 7 /� 12 Work to be PTre_forWQLicense Number 3. Name of Subcontractor Address Work to be Preformed License Number 4. Name of Subcontractor Address l Work to be Preformed License Number 5. Name of Subcontractor Address I� Work to be Preformed License Number rt 6. Name of Subcontractor Address Work to be Preformed License Number Name of Bidder Signature of Bidder *** End Section *** Proposed Subcontractors 7-1 SECTION 8 - NON COLLUSION AFFIDAVIT State of California ) County of i , )ss. n V DV ter✓ i a/&wGi being first d� sworn, deposes and says that he or she is C - ;; . of _ �Z . Lv o r )Q � L- Av C, the party making the foregoing bid that the bid is not made in the interest of, or on behalf of, any undisclosed person, partnership, company, association, organization, or corporation; that the bid is genuine and not collusive or sham; that the bidder has not directly or indirectly induced or solicited any other bidder to put in a false or sham bid, and has not directly or indirectly colluded, conspired, connived, or agreed with any bidder or anyone else to put in a sham bid, or that anyone shall refrain from bidding; that the bidder has not in any manner, directly or indirectly, sought by agreement, communication, or conference with anyone to fix the bid price of the bidder or any other bidder, or to fix any overhead, profit, or cost element of the bid price, or of that of any other bidder, or to secure any advantage against the public 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 th f to effectuate a collusive or sham bid. Name of Bidder Title State of California County Of Subscribed and sworn to (or affirmed) before me on (month),,.z (Year), by C"V -A Date day of proved to me on the basis osatisfactory ev'ad�nce to be the son( )who appeared before me. � i �k p w. f k ►r c, ` � 1, Ulm a-,-t Signature of Nota *** End Section *** Non Collusion Affidavit RkWW100" (Seal of Notary) 8-1 w 1 3 -1 LL 0 �T ,TGHNOANTV,Od33lO - Otl NOANVO d33O OaMOANYJ-d 30- -_ C O Q 2 ..1 5 3 3 s o 3 W � = W y r r iolaod 3Ar riolaod anY Y rolaod I p 2 m Ix — O Ep uy f Z VI I 3AY UYd-MYS 3AY 76Yd NYS O 2 F O j � a i Iv W p I IQ_ y u I� *,Vl' 417 d Q W 4 w i O � 3 a -� 3LN3 �pOEHILL°a z a a �g P lE ,1� PAINTENS PpTM PP��